Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	conquest_n	great_a	king_n	2,032	5	3.5693	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90251	Vox plebis, or, The peoples out-cry against oppression, injustice, and tyranny. Wherein the liberty of the subject is asserted, Magna Charta briefly but pithily expounded. Lieutenant Colonell Lilburne's sentence published and refuted. Committees arraigned, goalers condemned, and remedies provided.	Overton, Richard, fl. 1646.	1646 (1646)	Wing O636A; Thomason E362_20; ESTC R201218	54,600	73

their liberty then whlle they have continually maintained it And having once gotten possession of their ancient rights they will watch them so carefully and with such strength and vigour as that they will hardly be surprized again or their rights any more wrested from them As it fell out in the case of the Romane State when the Romanes having freed themselves of the government of the Tarquins their hertditary Kings the Nobility began to take upon the the rule of the people by the exercise of the like or greater tyrany the the Tarquins had done the people being inforced by a necessity of their preservations created Tribunes as Guardians of the publick liberty whereby the insolence and Arbitrary power of the Nobilty was restrained and the people re-estated in their ancient liberty which continued inviolable to them for the space of 800. yeares after 300. yeares oppression of the Nobility to the great honour and renown of their Nation and exceding enlargement of their Common-wealth Now as concerning the liberty which the people of this Common-wealth doe and of right both divine and humane ought to challenge it consists of these particulars following Liberty of conscience in matters of Faith and Divine worship Liberty of the Person and liberty of Estate which consists properly in the propriety of their goods and a disposing power of their possessions As touching liberty of Conscience it is due of Divine right to the people of God since that the conscience is a Divine impression or illumination in the soule of man which God instills into the heart by faith whereby man is instructed to worship him in Spirit and Truth and it is as it were the ingraven Character of the mind wil of God in the soul of man not passive nor consisting of bodily substance therefore it is not to bee constrained or inforced to submit to any other rule then what the Creator by his revealed will according to the Scriptures hath imprinted in it And for that cause is onely to bee accountable to him whose image it is as being the onely competent Judge of his owne will As touching the liberty of our persons That is founded not onely in Divine Law but in Nature ulso and as protected by the municipicall and known Lawes of this Kingdom For as God created every man free in Adam so by nature are all alike freemen born and are since made free in grace by Christ no guilt of the parent being of sufficiency to deprive the child of this freedome And although there was that wicked and unchristian-like custome of villany introduced by the Norman Conquerour yet was it but a violent usurpation upon the Law of our Creation Nature and the ancient Lawes of this Kingdome and is now since the clearer light of the Gospel hath shined forth by a necessary harmony of humane society quite abolished as a thing odious both to God and man in this our Christian Common-wealth Now that the liberty of mens persons hath ever been a thing most pretious in the eyes of our Ancestors and right deare and of most tender regard in the consideration and protection of the Law if we doe but consider the originall Lawes of this Realme the proceedings of our Ancestors in the Acquisition and defence of their just liberties and the continuall vigilance of them in making and ordaining good Lawes for their necessary preservation we shall easily find that there hath not been any earthly thing or more weighty and important care to them then the preservation of their Liberties To prove this Andrew Horn a learned man in the ancient Lawes of this Kingdome in his Booke called The Marrow of Justice written in the reigne of King Edward the first fol. 1. saith That after God had abated the Nobility of the Brittons he did deliver the Realm to men more humble and simple of the Countries adjoyning to wit the Saxons which came from the parts of Almaigne to conquer this Land of which men there were fourty Soveraignes which did rule as Companions and those Princes did call this Realme England which before was named The Greater Britaine These after great warres tribulations and pains by long time suffered did choose amongst them a King to reigne over them to governe the people of God and to maintain and defend their persons and their goods in quiet by the Rules of Right and at the beginning they did cause him to sweare to maintaine the holy Christian Faith and to guide his people by right with all his power without respect of persons and to observe the Lawes And after when the Kingdome was turned into an Heritage King Alfred that governed this Kingdome about 174. yeares before the Conquest did cause the great men of the Kingdome to assemble at London and there did ordain for a perpetuall usage That twice in the yeare or oftner if need should be in time of peace they should assemble at London in Parliament for the government of Gods people that men might live in quiet and receive right by certain usages and holy judgements In which Parliament faith our Authour the rights and prerogatives of the Kings and of the Subjects are distinguished and set apart and particularly by him expressed too tedious here to insert Amongst which Ordinances we find That no man should be imprisoned but for a capitall offence And if a man should detain another in prison by colour of right where there was none till the party imprisoned died hee that kept him in prison should bee held guilty of murder as you may read pag. 33. And pag. 36. hee is declared guilty of homicide by whom a man shall die in prison whether it be the Judges that shall too long delay to do a man right or by cruelty of Goalers or suffering him to die of Famine Or when a man that is adjudged to doe penance shall be surcharged by his Goaler with Irons or other pain whereby he is deprived of his life And pag. 140. That by the ancient Law of England it was Felony to detain a man in prison after sufficient Baile offered where the party was plevisable Every person was plevisable but hee that was appealed of Treason Murder Robbery or Burglary pag. 35. None ought to be put in the common prison but onely such at were ATTAINTED or principally APPEALED or INDICTED of some capitall offence or ATTAINTED of false and wrongful imprisonment So tender hath the ancient Lawes and Constitutions of this Realme been of the liberty of their Subjects persons That no man ought to be imprisoned but for a Capitall offence as Treason Murder Robbery or Burglary And if for these offences yet ought he to be let to Baile which to deny were felony in case the prisoner were plevisable which is if he were not appealed indicted or attainted Nay you see it was Felony to detain a man in prison by colour of right when there was none Neitherwas the law tender of the persons of Innocents bailable

persons only but also of the persons of men not plevisable and indicted insomuch that they ought not to be oppressed by their Judges or Goalers upon pain of Felony This caused our Author to complain in the time of King Edward the first that those good Lawes were 〈◊〉 in these words It is an abuse that Goalers are suffered to spoyle and oppresse their prisoners or to take ought from them save their Armour and Weapons Nu. 52. It is an abusion that prisoners are put in Irons or to other pain before they are attainted of Felony Nu. 5. It is an abusion to imprison any other man then he that is indicted or appealed of Felony in case he want not pledges or mainpernours pag. 289 And that this was the Law is very clear for that King Alfred did cause Fourty four Justices in one year to be hanged for breach of these Lawes And more particularly the Suitors of Cirencester for that they did detain a man so long in prison that offered to acquit himselfe that he died there as you may find pag. 301. whereby you may clearly perceive that the Liberties of the Subjects of England as touching their persons are not grounded meerly upon Magna Charta but are of a more ancient foundation even in the originall Lawes of the Nation the Statute of Magna Charta being onely a Declaration or Confirmation of those former Lawes which by Divine right and Nature we inherit As Sir Edward Cook in his Proeme to the second part of his Institutes observes These Lawes were gathered and observed amongst others in an intire volume by King EDWARD the Confessor And though that William the Conquerour came in by the Sword yet at the petition of the Lords and Commons of this Realme he confirmed these Lawes unto us for the sake of King Edward that devised unto him the Kingdome as witnesse Matth. Paris and William of Malmesbury which were afterwards confirmed by King Henry the first and enlarged by Henry the second in his Constitutions made at Clarendon and after much blood spent between King John and his Barons concerning them re-established at Running Mead neere Stanes and lastly brought to a full growth and made publique by King Henry the third in the ninth yeare of his reigne though he sought afterwards to avoid both that of his father King John upon pretence of dures of imprisonment and his own by nonage Yet neverthelesse God so ordaining in the 20. year of his reigne he did confirm and compleat the said Charter for a perpetual establishment of liberty to all free-born Englishmen and their heirs for ever ordaining Quod contravenientes per Dominuns Regem cum convicti fuerint graviter puniantur Which is that those that went against these lawes when they were convicted should bee grievously punished by our Lord the King And in the 52. yeare of his reign by the Stat. of Marleb c. 5. this Charter was confirmed by Act of Parliament and hath since been not lesse then 33. times confirmed and established and commanded to be put in execution by severall Parliaments since held This Charter of our Liberties or Freemans Birth-right that cost so much blood of our Ancestors and was so long in the Forge before it could be fashioned being no lesse then 200. yeares under persecution before it was brought to perfection is that brazen wall and impregnable Bulwark that defends the Common liberty of England from all illegall destructive Arbitrary Power whatsoever be it either by Prince or State endeavoured And because it imports us so much we shall recite the words of this Charter as to our present purpose of the vindication of our liberties both of persons estates And first ch 14. it runs thus A Freeman shall not be amerced for a small fault but after the manner of the fault and for a great fault after the greatnesse thereof saving to him his contentment and a Merchant saving to him likewise his Merehandise And none of the said amercements shall be assessed but by oath of honest and lawful men of the vicinage This part of the charter was made in affirmance of the Common Law as appeares by Glanvil l. 9. c. 11. where he useth these words Est autem miserico dia domini Regis qua quio per juramentum legalium hominum de vicineto eatenus amerciandus est ne quis de suo honorabili contenemento amittet In English thus The amercements or mercy of the King ought to be such whereby a man is to be amerced by the oath of lawfull men of the neighbourhood or County in such manner that he may not lose any thing of that countenance or subsistence together with and by reason of his Free-hold For so is the sense of the word taken in the Statute of 1. Edw. 3. cap. 4. and vet n. Br. fol. 11. The Armour and weapons and profession of a Souldier is his countenance And the books of a Scholler So Sir Edward Cook 2. part of Instit pag. 28. Amercements ought to be assessed by the equals of him that is amerced So is the expresse Book of 7. H. 6. fo 12. in Dett Fitz. Herbert Nat. Brev. fol. 73. And in case where a man is amerced he ought not to be imprisoned as appeares 11. H. 4. fol. 55. The intent of which clause of the Great Charter is That no man should be tried but by his Equals as more fully appeares cap. 29. where it is thus enacted No Freeman shall be taken or imprisoned or disseised of his Free-hold or Liberties or free Customes or be out-lawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his PEERES or by the law of the land In these few words lies conched the liberty of the whole English Nation This word liber Homo or free Man extends to all manner of English people as appears Stamf. Pl. Coron pag. 152. In these words of this Charter before recited there are these 6. particulars First That no man shall be taken or imprisoned but by the law of the land Secondly That no man shall be disseised dispossessed sequestred or put out of his Free-hold that is lands or lively-hood liberties or free Customes but by the Law of the Land Thirdly No man shall bee Out-lawed but by the Law of the Land Fourthly No man shall bee exiled but according to the Law of the Land Fifthly That no man shall be in any sort destroyed unlesse it bee by the law of the land Sixthly No man shall be condemned but by a lawfull judgement of his Peeres or by the law of the land Where first it is to be noted that these words By lawfull judgement of his Peeres or By the law of the land are Synonyma's or words of equall signification and that the law of the land and lawfull judgement of Peeres are the proprium quarto modo or essentiall qualities of this Chapter of our great Charter being communicable omni

protection of the law a●d not to be permitted to sue for a mans right or to bee staied by injunction or pronibition so that a man cannot proceed All which causes are illegall and contrary to this clause of the great Charter For every man ought to bee permitted to goe to triall judgement and execution in his cause according to the course of the law of the land And if he faile in his suit he shall pay costs and be amerced pro falso clamore Which amencement ought to bee reasonable salvo contenemento that he be not destroyed as is before declared Which payment of destruction is the fourth particular and now comes to be handled The words of the great Charter are That no man shall be any way destroyed but by judgement of his equals or according to the law of the land This word destruere amongst the Grammarians est idem quod penitus evertere diruere to destroy is all one as utterly to overthrow and demolish To destroy a man is to forejudge a man of life limb or liberty to dis-herit to put to torture or death any man without lawfull tryall due preparation to his defence or by SURREPTITIOUS IUDGEMENT All which are contrary to the law of the land It is the Genus of all the former particulars it is the most pernicious extent of all arbitrary power there have been to many examples of it Thomas Earl of Lancaster in the 14. E. 2. was destroyed that is adjudged to dye as a Traytor without lawfull try all of his Peers And afterwards Henry Earl of Lancaster his brother was restored First because that he was not arraigned and put to answer Secondly because that contrary to this Charter of Liberties the said Thomas being one of the Peers of the Realm without answer or lawfull judgment of his Peers he was put to death Such like proceedings were had in the case of John of Gaunt as appears P. 39. Coram Rege and in the E. of Aruudels case Rot. Par. 4. E. 3. Nu. 13. and in Sir John Alees case 4. E. 3. Nu. 2. Such was the destruction committed upon the Lord Hastings in the Tower of London by K. Richard the 3. who sware he would not dye before he saw his head off and thereupon caused him to be executed without tryall answer or lawfull conviction such was the destruction of the Lord Rivers and many other of sad remembrance but above all that Attainder of Thomas Cromwell Earl of Essen who was attainted of high Treason as appears Rot. Part. 32. H. 8. being committed to the Tower of London and forth-coming to be heard and yet never called to answer in any of the Houses of Parliament they sitting which we hope shal never be more drawn into president but wish with a clearned sage in the Law Quod auferat oblivio si potest si non utcunque silentium tegat which is let oblivion take away the memory of so foul a fact if it can if it cannot let silence cover it For the more high and honourable the Court is the more just and honourable it ought to be in the proceeding and to give example of Justice to inferiour Courts for these destructores subditorum dom Regis the destroyers of the free-born people of the Kingdom were ever-odious and hatefull to the subject and severe pains appointed for them as appears by the Statute of Kenelworth Par. 16. and by the old Statute of Rag-man and that this kind of destroying the Kings people is utterly against the Law of the Land is most evident not only by the great Charter but also by the Statute of 5. c. 3. c. 9. and 28. E. 3. c. 3. afore-mentioned and by the ancient Lawes of the Land as appears by Horn in his Mirrour of Justice c 2. sect 3. We proceed now to Exile which is the fifth particular The great Charter runs thus No man shall be exiled but by the Law of the Land Exile or banishment is of two sorts The one a voluntary which is at the Common-Law and that is when a man would abjure the Realm for a Fellony committed by him having taken sanctuary to avoid the punishment of death chusing rather perpetuall banishment then to put himself to the hazard of his life by a legall tryall for his offence as Stamf. Pl. Cor. p. 117. The other is when a man is inforced to banishment which is only legally done by Act of Parliament as appeares by the Statute of Westrn 1. cap. 20 35. El. c. 1. and 39. El. c. 4. and by that Judgment or Statute of banishment made of the two Spencers 15. E. 2. called Exilium Hugonis le-Despencer patris filii for though there was an Order or Ordinance made in the Lords house Anno 6. E. 3. Nu. 6. That such learned men in the Law as should be sent as Justices or otherwise to serue in Ireland should have no excuse yet saith Sir Edw. Cooke 2. part Instit p. 48. That Order or Ordinance being no Act of Parliament it did not bind the subject so that we that are the free-born subjects of England cannot at this day be enforced or compelled to depart the Realme or be exiled or banished from our native Country but by Act of Parliament And from this we passe to examine what is to be esteemed a lawfull Judgment of our Peers and what is here in this Charter meant by the Law of the Land This Great Charter was penned in Latine the words are thus Nec super eum ibimus nec super eummittemus nisi per legale judicium Parium suorum which are more emphatically in the Latine then in our English Translations of this Charter for the Translations render it We will not passe upon nor condemn any man but by the lawfull judgment of his Peers or by the Law of the Land whereas the words in the Latine import That the King shall not in his own person when he is personally present in his high Court of Parliament or any other of his Courts of Justice cause any man to be otherwise tryed or condemned then by lawfull judgment of his Peers or the law of the Land nec super eum mittemus that is That no Judges Commissioners or Justices of the King shall by force of any Writ or Commission from the King under the Great Seal in his absence arraign try or condemn any man but by the lawfull judgment of his Peers or by the law of the Land Now this legale judicium parium suorum or lawfull judgment of a mans Peers is and hath alwayes had a two-fold construction in law the one is When a Lord of the Parliament hath committed treason or felony or other capitall offence whereby he is indictable at the Kings Suite there he by vertue of this Charter ought to be tryed by his Peers that is such as are Lords of Parliament that sit there by reason of their Nobility for no Noble-man that is not a Lord of

as Guardians of our Birth-rights and most powerfull Tribunes of the peoples liberties and who have made so many pious and feeling Declarations of their mindes now in print concerning our by-past thraldome with most solemn Protestations and execrations upon themselves of their serious intentions to maintain the lawes and liberties of the free-born Subjects of England and that SALVS POPVLI shall be to them their SVPREMA LEX Yet out of our dayly feeling of our ensuing miseries a cleere fore-sight of a future and speedy ruine of this present State which above all thingsunder heaven we desire to advance if it be not by the wisdome of these our most honoured Patriots prevented doe most humbly addresse our informations of the grievances present evils and advices for reformation of the same to our most renowned Trustees not doubting but they in their profound wisdome will both receive them benignely prudently ponder them and seriously and timely endeavour to prevent the growing mischief by their indulgent and serious care and circumspection To you then Oh! you most honourable Tribunes of the People preservators of the Common-wealth and chief Guardians of our Laws Liberties we apply our selves as next under God the surest Instruments of our earthly felicity And we do most humbly implore beseech you to free us from all lordly illegall sentences and tyrannicall powers and executions whatsoever wee intreat and exhort you to hear and determine Lieut. Col. John Lilburns appeale to you the Commons representative of England from the Lords house we will not presume to direct you wha● is fit to be determined in it for we neither can nor will dist●ust either your Judgment or Justice but this we humbly bes●ech you to consider that in your judgment upon him shall be involved the liberty of the whole Commons of England and think it not a Trouble to your selves to be importunedin this particular but give speedy dispatch therein to your Petitioners since that a Republique that is well ordered ought to give easie accesse to those that seek Justice by publique meanes In the next place our desires are that since this great inrode upon our liberty is occasioned by an Impeachment or Accusation made in your house against Col. King which yet there depends undetermined that you would hear and determine that Impeachment and bring the Offendor to condigne punishment and not only Col. King but all others whom you haue trusted in this late War and have fayled in their trust What though the war seeme to be at an end and you have effected your desires and these men have at some time stood you instead and at first proved faithfull and were strongly assistant to you yet if afterwards they proved corrupt or negligent or falsified there trust should they therefore be pardoned put the case a new war should break out and you should have need of men think you that those you shall hereafter employ will not take courage by the impunity of these that are now accused to deceive and betray you when they finde opportunity Or do you imagine that these men can ever be faithfull to you We give you these Reasons that they cannot First because they are at least under a suspition and if they are innocent why have they been so long kept from clearing themselves If they be acquitted and innocent persons it is an injury they will never forgive you and if they be found guilty you will never trust them But some will say that they have been good members and done good service therefore they ought to be pardoned To which we answer Let them be first tryed and if they are found guilty use your discretions in mercy toward them but withall remember that the wisest and best governed States in the world never yet pardoned any man for a notorious crime committed against the Common-wealth for any good services before done to it This is manifest by many examples especially in the Romane State The first we will present you with is that of Horatius where the case is thus Tullus the Roman King and Metius the Alban King made an agreement between them that three of the Horatii Romans and three of the Curatii Albans should fight for the Dominion of their Countries and that that people whose three Champions vanquished the others should bee Lords of the vanquished Nation The three Horatii got the victory and but one of them survived in it all the Curatii were slaine Horatius that survived and was Victor returning to Rome met his sister the Widow of one of the Curatii lamenting the death of her husband killed her This fact was adjudged so heynous that notwithstanding the victory he obtained for the Romans they brought him to judgement Manlius Capitolinus notwithstanding that hee had valiantly defended the Capitoll of Rome against the invading Gaules and by his vertue delivered the Citie of Rome from imminent danger was notwithstanding his good deserts for a sedition he endeavoured to raise in Rome through envie to Furius Camillus thrown headlong down from that Capitoll which he to his great renown had formerly defended So we in Machiavel his discourses upon Liv. l. 1. cap. 23. 24. 26. More examples we might find in the Roman State as those of Coriolanus Martius Livius Aemilius and Scipio Africanus of whose Stories you may read at large in Livies Decades We read likewise of Themistocles the Athenian Generall and who was a chiefe meants to augment the glory of that State by the great defeat he gave to the Persians at Salamis and elswhere having committed offences against that Government had the punishment of Ostracisme which was banishment for ten yeares inflicted upon him Alcibiades likewise after many notable victories obtained for that State was notwithstanding for insolencies as they conceived committed towards it twice banished the last time into perpetuall banishment These two examples we find in the State of Athens We might produce many more of ancient time of all the States of Greece which for Brevity sake we omit Only mentioning some of latter times in our own neighbourhoods As that of Charles the Emperour who for offence given ruined Ferdinandus Cortes that subdued to his obedience and use the mighty rich kingdomes of Mexico Jucatan and other parts of the West Indies Neither did Marshal Byron for all his service done to King Hen. 4. of France find at his death any merits in those services done to his offended Prince Nor Barnevelt in his conspiracy against the Prince of Orange and State of Holland though he had been eminent for former services done them against the Kingof Spain Nor in our own Kingdom could Sir John Hotham and his sons former deserts save their lives which they lost for being false to the trust By which examples we conclude That never any Republick well ordered cancelled the faults of their subject swith their good deserts Therefore as Clemens Edmunds observes upon Caesars Commentaries p. 174. It more importeth a