Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	prisoner_n	3,229	5	8.3987	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88208	The just mans justification: or A letter by way of plea in barre; written by L. Col. John Lilburne. to the Honrble Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas wherein the sinister and indirect practises of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for maxy [sic] weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pound in the Court of Common Pleas; thereby to evade and take off L. C. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons hereunto annexed. In which letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate court of justice whatsoever.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2126; Thomason E407_26; ESTC R202758	35,413	28

Judges saith Martin in his history fol. 5. follow his Court upon all removes which tyred out the English Nation with extraordinary troubles and excessive charges in the prosecution of their suiths in Law and saith he fol. 4 he also enacted and established strait and severe Lawes and published them in his own language * Which was French as all the practices of the Law and all petitions and businesse of the Court were by means whereof many who were of great estate and of much worth through ignorance did transgresse and their smallest offences were great enough to intitle the Conqueror to the land and riches which they did possesse all which he seized on and took from them without remorse And although the agrieved Lords and sad people of England humbly petitioned him that according to his oath twice formerly taken that he would restore them the Lawes of St Edward under which they were born and bred and not add unto all the rest of their miserie to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he took his oath the third time to preserve their Lawes and liberties but like a perjured Tyrant never observed any of his oaths and the same saith Daniel fol. 43. did Henry the first Henry the second and King John c. and yet notwithstanding there followed saith he a great innovation both in the Lawes and Government of England so that this seems rather to be done to acquit the People with the show of the continuation of their ancient Customes and Liberties then that they enjoyed them in effect For the little conformitie between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originalls yet the maine stream of our Common law with the practice thereof flowed out of Normandy notwithstanding all objections can be made to the contrary and therefore J say it came from the Will of a Tyrant and an Oppressor But it may be objected that the law it selfe is not now either in French or Latine and therefore not so bad as you would make it I shall answer in the words of Daniel fol. 251. That it is true upon the Petition of the Commons to Edward the third he caused pleas which before were in French to be made in English that the Subjects might understand the Law by which he holds what he hath and is to know what he doth a blessed act and worthy so great a King if he could thereby have rendred the same also perspicuous it had been a worke of eternall honour but such saith he it is the late of Law that in wha● language soever it speakes it never speaks pain but is wrapt up in such difficu●ties and mysteries as all professions or proficate as it gives more affliction to the people then it doth remedy and therefore when Magna Charta after many bloody Battle and the purchase of many hundred thousand of Pounds was obtained and confirmed by Edward the first in the 25 yeare of his raign divers Patrons of their Country as Sir Edward Cooke in his Proem before the second part of his J●stitutes declares that after the making of Magna Charta c. divers learned men in the Lawes that I may use the words of the Record kept Schooles of the Law in the City of London and taught such as resorted to them the Lawes of the Rea●m● taking their foundation from Magna Charta and Charta de Forresta which King Edward the second sought to impeach and therefore in the 19. yeare of his Raign by his Writ commanded the Major and Sheriffes of London to suppresse all such Schooles under great penalties such enemies are oppressors to the peoples knowledge and understanding of their lawes and liberties that so they may rule by their wills and pleasures for the impugning and infringing of which c this wicked and leud King was disthroned at the doing of which he confessed that he had been misguided and done many things wherof now too late he repented which if he were to governe againe he would become a new man and was most sorrowfull to have offended the State as it should thus utterly reject him but yet gave them thankes that they were so gracious unto him as to eldest his elde sonne for King Speed fol. 666. And Henry the third in the 38 yeare of his Raign confirmed the great Charter which notwithstanding he continually broke them and fetcht over the Poictonians by the advice of his evill Councell to over awe his people and anniholate their liberties wherefore his Nobles c. sent him expresse word that unlesse he would amend his doings they would expell him and his evill Councellors out of the land and dea● for the creation of a new King Daniel Fol. 154 But I desire not to be misunderstood for in the harshnesse of my expressions against the Common law I put as I conceive a cleare distinction of it from the Statute law which though there be many faults in it as I could easily shew yet I desire not here to say any greater evill of it then that the 14 28 29 Chap. of Magna Charta the Petition of Right and the late act for abolishing the Star-Chamber are gallant lawes and the best I can find in the whole volluminous booke of Statutes but in my apprehension they fall farre short in a sufficiently providing for that which lately the Honourable house of Commons saith is the end of all Government the safety and weale of the people for in my judgement they doe not possitively and legally hold out a sufficient security to hedge about to keep in peace and to preserve the splendor and glory of that underived Majestie and King-ship that inherently resides in the People or the state universall the representation or derivation of which is formally and legally in the state Elector representative and none else whose actions ought all to tend to that end against incroachments usurpations and violence of all its creatures officers and Ministers in the number of which are Kings and Dukes themselves from whom and for whom they have all their power and authority as the executions of their will and mind for their good and benefit and to whom they are accountable for the faithfull discharge of that trust reposed in them as not only Scripture but nature and reason doth fully prove yea and our owne writers especially the late Observator and Mr. Prynn in his Soverain power of Parliaments and Kingdomes printed by speciall authority from the House of Commons August 2. 1643. 2. Although Magna Charta be commonly called the English mans inheritance because it is the best in that kind he hath and which was purchased with so much brave English bloud and money by our fore fathers before they could wring it out of the hands of their tiranicall Kings successors of William the Conquerer as

Bishops Gate London June 6. 1646. Your Lordships Servant and a true bred Englishman John Lilburne The forementioned Petition thus followes To the Right Honourable the Representive Body of the Commons of England Jn Parliament assembled The humble Petition of Liev. Col. Iohn Lilburne Sheweth THat upon the difference betwixt the King and Parliament the Commons of England for the defence and preservation of their lawes and just liberties by authority of Parliament were necessitated to take up Armes for the suppression of the jorces raised by the King In this warre against the Parliament the Forces raised in the Easterne Associtation were committed and intrusted under the command of the Earle of Manchester * Who was since impeached of Treason by L. G. C. for being false to his trust and had undoubtedly lost his head therefore if L. G. C. had followed it as he should as Major Generall there from whom your Petitioner had a Commission to be Major to Col. King and particular instructions and private directions from Lievt Gen. Cromwel to take and give unto them or one of them upon all occasions information and intelligence of the state and condition of Lincolnshire under the command of the said Col King and of the carriage and behaviour of the said Col. King towards the Country and Solderie and how he discharged his place and trust Which your petitioner with all faithfullnesse and diligence did accordingly to his extraordinary expences not neglecting any advantage or opportunity which might further the publique service or discover the designes of the enemy or the said Col. Kings miscarriage and neglect of his trust and duty the said Col King taking upon him an unlimitted and unwarantable power destructive to the trust reposed in him That upon your Petitioners discoverie and making known both unto the Exarle and Liev. Gen Cromwell according to his instrustion and trust reposed in him the malignancy insolencies and unfaithfullnesse of the said Col. King to the Sate in the neglect of his charge and his bad usage of the Country to the great dis●service of the Parliament and danger of the losse losse of the whole country Crowland being by him betrayed unto the enemie and was not regained without great charge and hazzard yea and the losse of many mens lives the said Col. King was there upon discharged and put out of all his commands and offices being then very many * Viz. Col. of Horse C. of Dragoons C. of Foot Governour of Boston and the parts of Holland governour of the City of Lincolne and the county thereof Besides he had a power in himselfe to levie money which hee did at his pleasure and disposed of it at his pleasure to whom he pleased and profitable but was not brought to tryall for his said offences at a Councell of Warre which your Petitioner and others much endeavoured to have done Whereupon Mr. Mussenden Mr. Wolley and divers others Gentlemen of quallity of the Committee of Lincolne in August 1644. exhibited to this Honourable House severall Articles since printed a Coppy whereof is hereunto annexed against the said Col. King thereby charging him with severall Treasons Insolencies setting up and exercising an Arbitrary exorbitant and unlimitted power over the country and Souldiery with many other insolencies and foule misdemeanors all which are yet depending before this Honourable house and not yet determined being some of them for or concerning the losse and surrender of Towns to the enemie through his treacherie or negligence and so the offence Capitall and properly examinable and only tryable in Parliament as appeares Rot. Parl. 1. Rich. 2. Num. 38 39.40 Rot. Parl. 7. Rich. 2. Numb 17.22 Now the said Col. King being privie to his own guiltinesse and well knowing your Petitioner to be a principall witnesse for the proof of divers of the said Articles out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint and untrue surmises made by him to this Honourable House in Iuly last procured your petitioner by Vote of this House to be committed to the custody of the Serjant at arms attending this honourable hous * Se before Pag. 5. your Petitioner being thence removed to Newgate but he nor any other never prosecuted any charge against him and after he had laid about 13. weekes there he was discharged of his imprisonment by order of thio●●se * See my printed Letter of the 25. Iuly 1645. and Innocency and truth justified p. 31. 32 33. 34. knows not to this very day wherfore he was committed And the said Col. King the more to vex and unjustly trouble your Petitioner and to the end to take away his testimony and deter others from appearing against the said Col. King upon his tryall upon the said Articles a little before Easter Tearme last caused your Petitioner to be arrested at his own suite upon an action of 2000. l. for pretended words aleadging by his Declaration That your Petitioner should have said that the said Col. King was a trayter and he gives forth in speeches he will undoubtedly recover the same against your Petitioner and thereby utterly ruine him and is indeed very likely to doe the same by these his sinister practizes if by this Honourable House your Petitioner be not relieved and protected according to justice and equity Your Petitioner therefore humbly desires this Honourable House Will be pleased in regard your Petitioner hath not done or said any thing against the said Col. King but what will be proved when he shall be brought to Tryall before this honourable House upon the said Articles and Charge and for that your Petitioner cannot at Law give any Plea in Bar or justification of the words pretended to be spoken by him untill the said Col. King be either convicted or acquitted vpon his Tryall upon the said Articles and charge to give Order and direction to the said Col King and to the Iustices of the Court of Common Pleas where the Action dependeth to surcease and no further proceed upon the said Action of 2000 l. against your Petitioner And for the good and satisfaction of the Kingdome and the freeing and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premises to bring the said Col. King to tryall in a Parliamentary way that so he may receive c●ndign● punishment for the injuries and wrongs he hath done and wherewith he is charged in the said Articles Iohn Lilburne And your Petitioner shall pray c. Articles ●xhibitted agai●st Col. Edward King for his insolencies and misdemenors in the County of Lin●oln to th● Honourable House of Commons in August 1644. by Mr. Mussenden Mr. W Ie● and diver wh●re of the Committee of Lincoln Imprimis that to the great discouragement of the County he doth openly declare his sl●ghting of mens good aff●ction to the Parliaments service by expressing that he ●a●ieth not that men should doe the Parliament service voluntarily but

of Commons to desire them to appoint a time according to justice and reason for the bringing the said Col. King to a tryall in a Parliamentary way upon the said impeachment depending before them being ready thereupon to justifie any thing I had said of the said King desiring according to reason equity and justice they by order would suspend the determination of the said Kings action of 2000. l. in the Common Pleas till in a Parliamentary way he was upon his said impeachment either condemned or justified and I improved all the interest I had in the world both in Lievt Gen. Crumwell then sitting in the House and all the rest of my friends I had there but could not so much as get it read a reasonable answer of which i Which Petition is printed at the latter end of my Epistle to Iudge Reeves which you may read in the 20. 21. pag. of the 2. Edition of it foregoing this relation had kept of all my present sorrowes and down to Oxford Leager with L. G. Crumwell J went to see if with C Ireton and other of my friends there I could do any thing to s●ave of a tryall at Common law till the tryall in Parliament was over but my journey was to no purpose saving vexation to my selfe so left in the suds by L. G. Crumwell who first ingaged me in it and promised to stand to me So up to London I came and to variety of Councell I went from all of whom I did understand that by the strength of the Common law I must put in no other Plea then either guilty or not guilty and likewise that the Common Law tooke no notice of Ordinances or Articles of War nor of any thing called treason but what was done against the King by which argument Col. King in the betraying of Grantham and Crowland to the Kings party had done that which was justifiable and not punishable which was more then I knew before so that in this extraordinary transcendent strait to save my self from being condemned by a Iudge whose power flows meerly from an Ordinance of Parliament in 2000. l. for no other crime but for the faithful endeavouring to discharge my duty to the Parliament in endavouring the punishment of one professedly under the Parliaments jurisdiction for violating transgressing their Ordinances unto which he himself stooped sub●i●ted I was of necessitie forced and constrained when all other just and rationall wayes and meanes failed me to pen my plea my selfe and in print direct it to the Iudge and called it the just mans justification now with the whole relation of my present suffering in the hands of Mr. Saxby In the pening of which I was necessitated to touch upon the Earle of Manchesters b●s● unjust and unworthy dealings with me And the Earle of Manchester being my professed and implacable enemy who formerly would have hanged me for being over quick in taking Thickell Castle for my so deeply ingaging with L.G. Crumwell in his charge of treason and breach of trust given into the House of Commons against he said long ●●nce deserving to be beheaded Earle of Manchester and for which I am sure ●e injustice long since fully deserved to loose his head a For a Member yet sitting in the House of Commons with in a day or two after Mr. Lile made the report of ●his examination of that businesse to the house told me that in his judgement the charge against Strafford com●●●mely was but a toy to it and not 〈◊〉 quarter so punctually and fully proved took the advantage being then speaker of the House of Peers to revenge himselfe of me and as I have no other cause to think procured an order in the House of Lords of the 10. Iune 1646. contrary to the knowne and declared law of England contained in Magna Charta and the Petition of Right and in Sir Edward Cookes exposition of Magna Charta pag 28. 29. 46. 50. printed by two speciall Orders of this present House of Commons for the summoning me a prisoner to answer a criminall charge at the Lords Bar who by law are none of my judges as their Predicessors doe upon Record in full and open Parliament ingeniously confesse b See their confession in the ●ase of Sir Simon de Berisford printed in the 18 19. pages of my book called the Oppressed mans oppressions declared See also Regall tyrannie pag. 43 44 45. 72 73 74 75 76. 86. 96. 97 and Vox Plebis pag. 39 40 4● See Iudge I●nk as printed Declaration And although for gratitude sake to them for their forementioned justice I obeyed their warrant and appeared at their Bar yet in the manner of their proceedings with me they outstript the known rules of the law of England and neither gave me a charge either ve●ball or in writing nor never produced either accuser or witnesse but by their Speaker the Earle of Manchester my declared enemy most inquisi●ion and ●tar-Chamber like pressed me to answer to Interrogatories against my selfe which I with all respect and ●oderation told them was against the tenour of Magna Charta and the Petition of Right which practice they themselves had deeply condemned in the Star Cham●er but the 13. Feb. before in my own case as by their Decree fully appeares and given me 2000. l. dammages against them for proceeding with me in that very way and I told them I hoped they would not now build up what the other day in my own case they had destroyed but no withstanding my foresaid malicious adversarie the Earle of Manchester pressed me againe and againe possitively to answer his illegall Interrogatories c See my relation of all the proceedings then in my book called the last mans iustification dated from Newgate in Iune 1646. and being for my refusall likely in my own thoughts to goe to prison I was necessitated out of that duty I owe to my selfe and my Country to deliver in a paper at their bar under my hand and Seale containing a Protest against their jurisdiction over me in the case then in controversie betwixt us and an appeale to the House of Commons in the justification of which I will live and dye stand or fall my legall Peers and Equalls for protection justice and right against their illegall usurpations for which very paper and nothing else they committed me to Newgate Prison d As appeares by their warrant printed in the book last named pag in which book you may also read in my Protest against the Lords and my appeale to the House of Commons from whence upon the 16. of Iune 1646. I sent to the House of Commons my legall and formall Appeale which they received read approved of and committed it to the speciall examination and tryall of a select Committee whereof Mr. Henry Martin had the Chaire who hath failed ever since to make my report unto the house though two severall times he fully examined all my businesse But in