Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	law_n	tyrant_n	3,396	5	9.9720	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90235	England's miserie, and remedie in a judicious letter from an utter-barrister to his speciall friend, concerning Leiutenant [sic] Col. Lilburn's imprisonment in Newgate, Sept: 1645.	Utter-Barrister.; Overton, Richard, fl. 1646.; Lilburne, John, 1614?-1657.; Wildman, John, Sir, 1621?-1693.; Sexby, Edward, d. 1658.	1645 (1645)	Wing O628B; Thomason E302_5; ESTC R200275	5,726	8

ENGLAND'S MISERIE AND REMEDIE IN A JVDICIOVS LETTER from an Utter-Barrister to his speciall Friend concerning Leiutenant Col. LILBVRN'S Imprisonment in Newgate Sept 1645. Kind Sir OUt of the firme confidence and certain knowledge which you seeme to have of the integrity and honesty of Lieutenant Co●lonel Lilburne and that his Letter of the 25.th of July containes nothing but truth I send you here my Sense and Opinion concerning his Imprisonment And for the clearer explanation of what you demand and our better understanding of one another J conceive it necessary that we be at a point upon these two things First what the House of Commons is Next for what end and purpose they are conveened and called together J beleeve you agree with me that the House of Commons is nothing lesse then the representative body of the People elected and sent up by the severall Shires and Burroughs respectively and joyned with the two other States of capacitie to make alter abrogate Lawes as occasion shall require to heare and relieve the Grievances of the people and to reforme what is amisse in the Common wealth Here is the Character and description of the House of Commons which themselves I thinke will allow of and here is the end and purpose for which they serve In this description you may plainly see two Bodies of the people the representative and the represented which together make up the body of the Common-wealth and of this later Lieutenant Collonel Lilburne is an eminent member Now for any man to imagine that the shadow or representative is more worthy then the Substance or that the House of Commons is more valuable and considerable then the Body for whom they serve is all one as if they should affirme that an Agent or Ambassadour from a Prince hath the same or more authority then the Prince himselfe which in matters of Proxie for Mariage I believe no Prince will allow of J will not undertake to define the limits of power or extent of Parliaments having found the practice in my reading more or lesse lengthned or shortned like a paire of Stirrops according to circumstances and Current of times or the weaknesse or power of the Prince under whom they serve who hath for the most part subjected them to his will and made them act his Designes Neither will I goe about to cast the apple of Division betwixt the People and their agents who should be linckt together by common interest and mutuall respects of common preservation yet this much I cannot forbeare to intimate that the one is but the servant of the other the House of Commons I meane of the People elected by them to provide for their welfare and freedomes against all in-bred tyrannie or Foraigne invasion which by reason of their numbers they cannot conveniently doe in their owne persons without hazard both of confusion and desolation But to come to our businesse Mr. Lilburne complains that Three times since the first of May last he hath been imprisoned by Authority from the House of Commons before he knew his Accuser or Accusation or was suffered to speak one word in his own defence Certainly Theeves and Murtherers taken in Flagranti delicto in the very act of a haynous crime are not thus hardly dealt withall This cals to my mind the very words of a Member of the House Mr. Edward Stephens by name uttered with passion openly in Westminster hall in a case of the like injustice viz. That we have not withdrawne our selves from our obedience to the King to yeild our selves slaves and vassalls to the Tyrannie of our fellow subjects But you will say How shall we mend our selves we have given our selves lives liberties and all into the Parliaments power To this I answer That this free and abandoned confidence of ours whereby they are intrusted with all that is deare and precious unto us ought the rather to oblie●e them to a tender and conscientious care of the dispensation of t●● power Besides this soveraig● or legislative power which they make use of is not lent them for the ruine and destruction of our Lawes and Liberties no more then the Kings Prerogative but for the edification and strengthning of the same in particular as well as generall The abuse and overflowing of this power is odious to God and man for Princes or what State soever when they arrogate to themselves an unlimited jurisdiction do degenerate into Tyrants and become Hostes humani generis enemies of mankind And the Angels which would be like to the most high were by his just judgement changed into the most wretched of all creatures It belongs to God and to God alone to rule by the law of his blessed will As for Princes and States when they break out into exorbitancy and will be immitators of the power of God in governing by an uncircumscribed authority they run themselves into inevitable mischiefs and the people whom they serve into unavoidable inconveniencies and this comes to passe of necessitie for every State governed by fantasticall and Arbitrary power must needs be floting inconstant and subject to change besides man is naturally ambitious and apt to encroach and usurpe upon the liberty of his inferiours Hence is derived that excellent maxim Melius sub iniquissima lege quam sub aequissimo arbitro vivere It is better live under a rigorous and unjust Law then an Arbitrary government though just the reason is because by the first he is at certainty and knows what he must trust too the last leaves him uncertaine and so in danger But to returne to Lievtenant Collonel Lilburne who stands imprisoned by a Vote of the House of Commons for refusing to answere to the Committees Interrogatories before cause shewed of his former imprisonment J am informed by some members that this Vote was obtained by Bastwicke surreptitiously when the House was thinne and emptie and therefore I conceive he may appeale from the House thin and emptie to the House full and compleat if this will not be accepted of why should he not appeale to the people For Buchannan an Author without reproach in his Booke De jure regni apud Scotos concerning the Scottish Lawes doth boldly and positively affirme Supremam potestatem esse in Populo the Supreame power to be in the people And before Buchannan the Common-wealth of Rome which remaineth a patterne and example to all âges both for civill and Military government I say this Common-wealth in its best perfection did allow of this last refuge or appeale to the People To this purpose Titus Livius an unreproveable Author speakes in these tearmes Decad. 5. of his History C. Flaminius was the first or one of the first that un●●●standing the Majestie of Rome to be indeed wholly in the people no otherwise in the Senate then by way of delegacy or grand Commission did not stand highly upon his birth and degree but made his addresse to the multitude and taught them to know and

use their Power over himselfe and his fellow Senators in reforming their disorders For this the Commons highly esteemed him and the Senators as deeply hated him c. But I hope the wisdome and Providence of the Parliament will prevent these extremities yet I cannot but put them in remembrance that small sparkles do oftentimes occasion great fires And that the English Nation is sensible of nothing more then the breach of their liberties and of violence offered to the freedome of their persons Witnesse the Magna Carta thirty times confirmed by the Princes of this Jland and witnesse the cheerefull readinesse of the people to serve the publique in this present great quarrell And let no man dreame that the Parliament may trench boldly thereon without check A sillie conceit and aggravating the offence For a dog that devoureth his owne kind we account more unnaturall then a Lyon or a Beare of another kind besides the heart burning which is easily kindled when our owne fellowes domineere over us There are but ●wo things of ●uing a people either by feare or love the first may be more agreeable to Master Corbitt as sutable to his gallant and imperious nature or to Sir Robert Pyes Canine humour but is brittle and will last no longer then the fome which supports it The second of love is safe and durable Camillus the Roman speakes of it in two words Firmissunum imperium quo obedientes gaudent the most stable lasting government under which the people rejoyce and live cheerfully But Lilburnes case is singular that a member of the body represented 〈◊〉 free borne subject in life and conversation without exception Considerable both in his actions and sufferings in this great Cause that such a subject contrary to the tennor of Magna Carta contrary to the late Covenant and Petition of Right yet and the direct rule alleaged in Scripture should be three times imprisoned without shewing cause by a Parliament professing reformation and defence of our Lawes and Liberties and without any urgent or apparent necessity of State enforcing it This J professe is to me a riddle beyond all that this monstrous age hath brought forth I need not say how much the publique libertie is wounded in the injurie doubled and trebled upon their fellow member nor the consequences thereof which if drawne into president who can count himselfe free Nor the consequences of a wicked sentence which as Chancellor Bacon sayes is infinitely worse then a wicked fact as being held a president or patterne whereby oppression beginning upon one is extended as warrantable upon all And this conclusion he draweth out of this place of Scripture Fons turbatus pede et vena corrupta est justu● cadens coram impio A just man falling into the hands of the wicked is like a fountaine troubled with the foot or the urines corrupted in the bodie The horror of this sentence hath stricken the generality of the people with amazement to behold the Kid seething in the milke of the Damme that is to say the Chambers of justice ordained for our comfort preservation and safety unkindly wrested to enslave ruine and destroy us Surely after-ages when they shall ponder these proceedings in cold and sober blood will be ashamed to own the actors for their parents or predecessors And it is to be feared that the stones from the pavement will rise in judgement one day against the abusers of the trust committed unto them And let no man deceive himselfe to thinke with sencelesse and frivolous distinctions to award the dishonour and danger which may arise to the Parliament hence as to say that the Great Charter is but suspended as to Lilburne but not abrogated and that the duty of the Parliament is to provide for generalities but is not at leysure to attend particular grievances these answeres satisfie none but Ideots or those that suck profit under their command J mentioned before the danger and dishonour arising to the Parliament hereby which of necessity must ensue for seeing that Omne Imperium in consensu et assensu parentium fondatur Plinius Paneg. All lawfull Empire or Soveraigne command hath its basis or firme foundation in the consent approbation and good liking of the people a rule without exception What consent or good liking can bee expected from those who dayly see themselves abused in their liberties and ruined in their Estates Nay what hope of redresse when as our Petitions will not be accepted without great friends in the House To be short it is not credible that either people or person in any outward condition under which they mourne sigh or groane will continue any longer therein then they have occasion of good termes to be delivered according to the saying of Liv. lib. 8. Non credibile est illum Populum vel hominem denique in eâ conditione cujus eum poeniteat diutius quam necesse sit mansurum Hence it must necessarily follow that the multitude toucht to the quick in their liberties and means of living will be easily perswaded to shake off all Bonds of obedience so necessary to the Magistrate and to cast the blame of their sufferings upon the Authors either as false to their Trust or uncapable of the great weight of Authority committed unto them For who but a mad-man will yeild obedience unto those who are regardlesse of their Lawes and Liberties or negligent of the means of their Subsistance Livelihood and Safety the maine and only ends for which they are Conveened and called together and not to provide Offices for themselves or to sollicite the Causes of their particular friends sometimes the greatest Enemies of the State I beseech you passe not lightly by these Confiderations as idle and vaine feares for who shall hinder the multitude if stung with a lively sence of their lost Freedoms and means of subsisting they shall endeavour the re-gaining thereof by some sudden attempt seeing that if the worst happen they cannot be in much worse condition then they now are As to the Committee for Examinations mentioned in Mr. Lilburns Letter which ought to be the Touchstone whereby to discern Gold from counterfeit And in equity and reason ought to be free equall and open as well to the Plantiffe as Defendant especially in Criminall Causes But in cases of Treason or which concern the Publique safety ought rather to lend an attentive eare to the Delators or Accusers then any way to discourage them For if these necessary evills shall be disheartned who will watch over the safety of the State Besides it is more safe and tollerable in the condition wherein we now are that a mischief should happen to one man then a ruine to the whole Kingdome As to this Committee I wish from my soule that Leiutenant Colonell LILBVRNE were the only complainant against them Let Westminster-Hall the Exchange and other places of Publique meeting inform you What making of sides browbeating of witnesses baffeling of evidences facing and out-facing of the truth What impertinent distinguishing and abusing the Formalities of the Law is there complained of And all this noise and turmoile to help a knave out of the briers It were more for the honour of their justice and the satisfaction of the people if the usuall forms of proceeding in cases of charge of Treason were observed That is that the person accused were secured and the accusers heard with all equanimity patience and attention Whereas on the contrary the accused is permitted to sit down covered as Peer and companion with the Commissioners and to arraign his accusers O wretched times O miserable England which doest labour with all the symptoms marks and tokens of a declining and dying state Injustice avowed Treason countenanced Oppression become familiar almost legall Oaths Protestations and Covenants solemnly made in the presence of God and man slighted and set at nought Then to fill up the measure of our sorrowes a Civill War within our own bowels nay almost in every family And last of all a generall corruption of manners which assures us the malady will be lasting if not incureable What will be the end and issue of all this Seeke to that Oracle which cannot lye Propter injustitiam et injurias et contumelias et diversos dolos Regnum a gente in gentem transfertur Ecclesiasticus Chap. 10. verse 8. Because of unrighteous dealings injuries and riches got by deceit the Kingdome is Translated from one people to another To the Reader CHristian Reader having a vacant place for some few lin●● J have made bold to use some of Major George Withers his verses out of VOX PACIFICA pag. 199. Let not your King and Parliament in One Much lesse apart mistake themselves for that Which is most worthy to be thought upon Or think they are essentially the STATE Let them not fancie that th' Authority And Priviledges upon them bestown Conferred to set up a Majesty A Power or a Glory of their own But let them know t' was for another thing Which they but represent and which ere long Them to a strict account will doubtlesse bring If anyway they doe it wilfull wrong For that indeed is really the Face Whereof they are the shadow in the glasse Moreover thus informe them that if either They still divided grow from bad to worse Or without penitence unite together And by their sin provoke him to that course GOD out of their confusions can and will Create a cure and raise a lawfull-power His promise to his people to fulfill And his and their Opposers to devour Yea bid both King and Parliament make hast In penitence united to appeare L●st into those Confusions they be cast Which will affright them both and make them feare And know there is on earth a greater-thing Then an unrighteous Parliament or King FINIS