Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	know_v	speak_v	word_n	17,505	5	4.2222	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89756	A brief discourse made by Capt. Robert Norwood on Wednesday last, the 28 of January, 1651. in the Upper-Bench-Court at Westminster: with some arguments by him then given, in defence of himself, and prosecution of his writ of errour by him brought upon an indictment found and adjudged against him upon the act against blasphemy, at the sessions in the Old-Bayly, London, in August last. Some small addition, by way of illustration, is made, to what was then delivered; but nothing as to the substance of the matter. He is to appear again in the same court on Wednesday next in the morning, being the 3 of February; where also one M. Tany, who was joyned in the same indictment and judgement, having not yet made his defence, is to appear, and make his defence also. The arguments may deserve some consideration: the strength and weight of them I submit to the judgement of all, and the whole matter to the inspection of the sage and judicious.	Norwood, Robert, Captain.	1652 (1652)	Wing N1380; Thomason E652_11; ESTC R205895	6,475	8

A BRIEF DISCOURSE Made by Capt. ROBERT NORWOOD on Wednesday last the 28 of January 1651. in the Upper-Bench-Court at WESTMINSTER With some Arguments by him then given in defence of himself and prosecution of his Writ of Errour by him brought upon an Indictment found and adjudged against him upon the Act against Blasphemy at the Sessions in the Old Bayly London in August last Some small Addition by way of Illustration is made to what was then delivered but nothing as to the substance of the matter He is to appear again in the same Court on Wednesday next in the morning being the 3 of February where also one M. Tany who was joyned in the same Indictment and Judgement having not yet made his Defence is to appear and make his Defence also The Arguments may deserve some consideration the strength and weight of them I submit to the judgement of All and the whole matter to the inspection of the sage and judicious Imprinted at London February 1. 1652. A DISCOURSE made by Captain ROBERT NORWOOD My Lord I Shall presume by your Honours favour in the pursuance of my own right to speak a few words to those three particulars assigned by my Counsel for Errour in the Indictment framed against me I know the business hath already been tedious and troublesome enough to your Lordship and the Court but it hath been much more so to me and extreme chargeable also nay my Lord it hath hazarded my utter ruine I shall be very brief and if in any thing I shall transgress the rules of Reason and Moderation I shall readily receive a check from your Lordship TThe first error signed by my Councel is that two should be put in one Inditement their charge being severall That it is error I shall make manifest thus First the one is made uncapable of his defence according to Law by traverse Writ of error or otherwise without the consent of the other for 't is his Inditement as well as mine and thereby have I a manifest injury done me which the Law allowes not and hereby is one Law made to thwart contradict and fight against another and my right in the Law is wholly taken away and destroyed by this joynt Inditement I being hereby cut off from making my legal defence without the approbation and consent of the other for he is every way joyntly interested with my self by this joynt Inditement The Law saith You may traverse or bring your Writ of error without the consent concurrence or hinderance of any but this joynt Inditement sayth No you shall not except the other party will consent and agree also and if he will never consent I must never have the benefit of that remedy for making my defence which the Law allowes me Secondly Again suppose I have his consent and approbation yet if the other be either unwilling or unable as to the charge I must be at the clarge of the whole when as perhaps 2 l. might bear the charge of what is laid down against me 25 will not bear the charge of taking out transfering the Records and the like And hereby is a most great and manifest injury and wrong done and committed for he who hath 5 l. may not have 10 l. or 25 and here by becomes it most unjust and illegall to put another mans burthen upon my back contrary to the very end of the Law which in all things is to save not to destroy yet hereby am I destroyed though through no fault or fayling of my owne Thirdly One may be found guilty the other not yet he that is guiltless must be forced to bear the charge of him that is guilty Many other inconveniencies necessarily arise from hence which your Lordship is better acquainted withall then my self Fourthly The fourth is that which Judge Nicols the last Term rightly and truly observed and that was this That the Judgment given upon that Inditement must be fals for the Inditement being joynt the Judgment must be joynt also and the Judgement given according to the Act is that we must remaine Prisoners after the expiration of the time limited in the Act until we have given security for our good behaviour for 12 months after And as Judge Nicols then observed in case the one party could not or would not finde Sureties at the time yet must the other remaine Prisoner until he can or will if he never will or can that other must ever remain Prisoner at least untill his death Thus of necessity must there be and is a fals and erroneous Judgement passed centrary to the Act upon this joynt Inditement and there by the true intent of the Law and so the Law it self destroyed Something your Lordship observed the last day which I neither very well heard nor understood But as I take it it was of two being joyntly indited for Perjury My Lord if it were Perjury of one and the same kind in one and the self-same matter and no subsequent act to be performed by them afterwards wherein there is necessarily required the concurrence of the other and without which the other cannot performe what by the Judgement in Law he is bound to doe then perhaps in some sence it might be good But my Lord my case is otherwise for I must still remain Prisoner by that Judgement when I have performed what by the Judgement in Law I for my part am injoyned and that untill he have done so also and by this meanes a false or wrongfull Imprisonment must of necessity be sustained by me and I shall not need to tell your Lordship how tender the Law is of imprisoning any it allowes imprisonment onely in extraordinary cases for extraordinary ends The speciall care and provision made as to Liberty is even to be admired and how great a penalty the Law inflicts for false imprisonment no lesse then 5 l. an hour Besides my Lord Reason is a surer and better ground then bare President for Reason carries light with it bare President is dark therefore deceitfull And verily my Lord it were much for your Honour nay for your own and your posterities safety and happiness that the Law were made to speak and give forth its entire unity and simple integtity and not made thus to clash against it self My Lord the next thing signed by my Counsel for error is that the Inditement throughout is supplyed with these words meaning so and so as thus He spoke such words meaning so and so as it 's laid down in the Indilement You know my Lord all Inditements ought to be positive certain how else can a certain positive and true Judgment be given For my Lord upon an uncertain thing you cannot possibly in any case fix a certain and positive Determination and Judgement and in truth when any other fixes or puts a meaning upon my words they then cease to be mine and become indeed and properly his who gave or fixed that meaning unto them they are in truth his

it is that they are well and truly laid down in the Act conjunctively and for any one to make that a disjunctive which the Parliament from true and due grounds in Scripture hath made so plain and visible a conjunctive is to obtrude another Law upon the people then the people in Parliament have ordained and inacted to and for themselves and to give forth any other Law then the People in Parliament ordain enact or appoint or the same Law in any other terms is a far higher degree of Treason then to coin another metal then is by them ordained and appointed or the same metal with any other stamp As it then ceases to be the States Coyn when another stamp is put upon it and becomes his or theirs who gave or fixed another stamp upon it even so the Law ceases to be the peoples in Parliament and becomes his or theirs who gives it forth in other terms then they have done neither may or ought the people to receive it in any other terms or with any other stamp then the Parliament hath given Hence it is that no Parliament ever yet allowed any to interpret their Acts themselves onely are and can be interpreters of their own Acts. Therefore whosoever shall put his own or anyother mans sence or interpretation upon any penal Stature as in this case and pass Judgment Sentence upon the same doth therby make himself guilty of treason for he tries judges passes sentence and condemns not by in and from the right power and law of the people in Parliament but in from and by his own right and power and therein and thereby is the Legislator to and so King of the People and Parliament My Lord these things were assigned by my Counsel the last Term for Errors and I take my Counsell to be a man of such honour and honesty as that he will not assigne that for Error which he will not by Law make appear to be so I have hitherto found no other from him and I suppose he hath proved to your Lordship and the Court that the Indictment is wholly and altogether erroneous and the Judgement thereupon given false My Lord Imprisonment proves oftentimes worse then death it self it ruines not onely the particular persons imprisoned but most commonly whole families also and this my almost six months imprisonment might have ruined a man of a far greater estate then my self The Common wealth is a loser and oftentimes is extremely prejudiced by mens imprisonment they being thereby not onely made uncapable of doing it service either in their several occupations employments and callings or other services it hath occasion to use them in but also themselves and families are thereby made burden some to it and the Commonwealth ever takes account of its members therefore it is as I said before that the Laws have so admirably provided in the case insomuch that it imprisons none but such as are destructive to themselves and the Commonwealth and it giveth liberty upon Bayl even to Felons and Traytors and the Law doth nothing but what it hath a reason for therefore as I said before Reason is a better and surer ground then bare President My Lord you know you may neither deny nor defer Justice to any I have lien a long time since I brought my Writ of Error and that the errors signed by Counsel were given into Court I pray my Lord that nothing already done by any in this business nor what may follow after may have the least influence upon your Lordship and the Court but that you will do Justice for Justice sake He that hath not transgressed the Law ought to have protection from and by the Law your Lordship and the Court is more concerned herein then my self Wherfore my Lord I humbly beg your Lordships and the Courts judgement and determination in the case according to equity Law and good conscience having already suffered so long an imprisonment upon a meer scandalous Paper I cannot yet call it otherwise for whatever Charge by way of Inditement is framed against a man if it be not upon all accounts just true and legal in all the particulars of it it cannot in truth be called other and I suppose both the untruth and illegality the erronousness of the Inditement and falsness of the Judgement is abundantly evidenced to your Lordship and the Court. FINIS