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B08830 The copie of a letter from an utter-barrister to his speciall friend concerning Lieut. Col. Lilburn's imprisonment, Sept. 1645. Wither, George, 1588-1667. Vox Pacifica. 1645 (1645) Wing C6118A; ESTC R175827 5,695 8

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THE COPIE OF A LETTER From an Vtter-Barrister to his speciall Friend concerning Lieutenant Col. LILBVRN'S Imprisonment Sept. 1645. Kind Sir OUt of the firm confidence and certain knowledge which you seem to have of the integrity and honesty of Lieutenant Colonell Lilburne and that his Letter of the 25th of July contains 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 I 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 I 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 capacity 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 Commonwealth Here is the Character and description of the House of Commons which themselves I think 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 Commonwealth and of this latter Lieutenant Colonell 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 I 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 pair 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 linkt 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 inbred tyrannie or forraign 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 complaines that Three times since the first of May last he hath been imprisoned by Authority from the House of Commons before he knew the 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 calls to my minde 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 yeeld our selves slaves and vassalls to the tyranny of our fellow-subjects But you will say how shall we amend 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 dour and precious unto us ought the rather to oblige them to a tender and conscientious care of the dispensation of that power Besides this sovereign 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 to degenerate into Tyrants and become Hostes humani generis enemies of mankinde And the Angels which would be like 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 the law of his blessed will As for Princes and States when they breake out into exorbitancy and will be imitators 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 pas●e of necessity 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 Melsus sub inquissima lege quam sub aequissimo arbitro vivere It is better to 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 uncertain and so in danger But to return to Lievtenant Collonel Lilburne who stands imprisoned by a Vote of the House of Commons for refusing to answer to the Committees Interrogatories before cause shewed of his former imprisonment I am informed by some Members that this Vote was obtained by Bastwicke surreptitiously when the House was thin and empty and therefore I conceive he may appeal from the House thin and empty to the House full and compleat if this will not be accepted of why should he not appeale to the people For Buchanan an author without reproach in his Booke De jure regui apud Scotos concerning the Scottish Laws doth boldly and positively affirme Supremam potestatem esse in Populo the Supreame power to be in the people And before Buchanan the Common-wealth of Rome which remaineth a patern and example to all ages both for Civill and Military government I say this Common-wealth in its best perfection did allow of this refuge or appeale to the People To this purpose Titus Livius an unreproveable Author speaks in these termes Decad. 5. of his History C. Flaminius was the first as one of the first that understanding the Majesty of Rome to be indeed wholly in the people and no otherwise in the Senate then by way of delagacy 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 Hand and witnesse the cheerfull readinesse of the people to serve the publique in this present great quarrrell And let no man dreame that the Parliament may trench boldly thereon without check A silly conceit and aggravating the offence For a dog that devoureth his owne kind we account more unnaturall then a Lion or a Bear of another kind besides the heart burning which is easily kindled when our own fellows domineer over us There are but two things of ruining a people either by fear or love the first may be more agreeable to Master Corbit 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 fom● which supports it The second of love is safe and durable Camillus the Roman speaks of it in two words Firmissimum 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 a free born subject in life and conversation without exception Considerable both in his actions and suffrings in this great cause that such a subject contrary to the tenor of Magna Carta contrary to the late Covenant and Petition of Right yea and the direct rule alleadged 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 I professe is to me a riddle beyond all that this monstrous age hath brought forth I need not say how much the publicke liberty is wounded in the injury doubled and trebled upon their fellow member nor the consequences therof which if drawn into president who can count himselfe free Nor the consequences of a wicked sentence which as Chancellor Bacon saies is infinitely worse then a wicked fact as being held a president or paterne whereby oppression beginning upon one is extended as warrantable upon all And this conclusion he draweth out of this place of Scripture Font turbatus pede et vena corrupta est justus 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 body 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 bloud 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 senselesse and frivolous distinctions to award the dishonor 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 greevances these answers satisfie none but Ideots or those that suck profit under their command I mentioned before the danger and dishonour arising to the Parliament hereby which of necessity must ensue for seeing that Omne Imperium in consensu assensu parentium fondatur Plinius Paneg. All lawfull Empire or Soveraigne command hath its basis or firm foundation in the consent approbation and good liking of the people a rule without exception What consent or good liking can be expected from those who daily 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 groan will continue any longer therein then they have occasion of good termes to be delivered according to the saying of Liv. lib. 8. Non credible est illum Populum vel hominem denique in eâ conditione cujus cum 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 uncapable of the great weight of Authority committed unto them For who but a mad man will yeeld obedience unto those who are regardlesse of their Laws 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 Considerations as idle and vaine feares for who shall hinder the multitude if stung with a lively sense of their lost Freedomes 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 care to the Delators or Accusers then any way to discourage them For if these necessary evils 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 a whole Kingdome As to this Committee I wish from my soule that Lieutenant Colonell LILBURNE 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 turmoil to helpe 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 arraigne his accusers O wretched times O miserable England which dost labour with all the symptomes 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 owne 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 incurable What will be the end and issue of all this Seek to that Oracle which cannot lie Propter injustitiam injurias contumelias diversos dolos Regnum agente 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 lines I 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 any way 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 devoure Yea bid both King and Parliament make haste In penitence united to appear Lest 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