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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	find_v	king_n	law_n	2,835	5	4.8368	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88207	The iust mans iustification: or A letter by way of plea in barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons. 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.	1646 (1646)	Wing L2125; Thomason E340_12; ESTC R200876	25,288	20

discharged and it is thereupon resolved upon the question that Lievtenant Colonell Lilbourn be forthwith discharged from his imprisonment Hen. Elsing Cler. Parl. D. Com. To the Keeper of Newgate or his Deputy And that King was the instrumentall cause of my imprisonment appeares clearly to me by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the 6th Page of his booke intituled the Lyer confounded and by what J find recorded under Kings hand in the 8th page of his co-partner Doctor Bustwicke Booke written against selfe for although Doctor Bastwick be now my bitter Enemy and his hand be with Kings to the Information which Doctor Bastwick here saith was put into the House of Commons against me yet I am apt to thinke that King was the Ringleader in it because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe Vpon which provocation by King it might be and I do believe it to be true that J might be free in my discourse at severall times of King and the forementioned charge ●f Treason given into the House of Commons against him and J am very confident it will be made good by sufficient proofes and witnesses according to the rules of Warre when it there comes to a tryall but do not own the words specified by him in every particular Therefore J conceive it unjust irrationall and Anti-Parliamentary for an inferiour and subordinate Court as the Court of Common Pleas is to medle with this businesse it being now dependent in Parliament the supream Court and unjudged there as yet although the prosecutors aree rady at their utmost perill to prove their charge against him Therefore my Lord in my apprehension Kings former mallice manifested about my commitment and his present bringing me before you are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament and also under favour your medling with it in your Court it being still depending in Parliament and not by them referred to you is an incroachment upon their Priviledges and J am the rather confirmed in this opinion when I seriously read over Mr. Prinnes Booke cal'd the doom of cowardice and trenchery he being Colonell Kings very good friend and councellor and therefore his words in this case are of the more weight and authority Titus 1.12 being a professed adversary to me who citing the Rolles of Parliament of the 1. R. 2. num 38 39 40. which containes the case of Gomery and Weston hath these observations and inferences from them in the 7th page thereof That it is to be remembred that Ieffery Martin Clearke of the Crown made this very Record and delivered it thus written in this present Roll with his own hand therefore saith he from this memorable Record I shall onely observe these few particulars 1. That the Surrender of Townes or Castles to the Enemy through Cowardice or Treachery is properly examinable and tryable onely in Parliament Jt being a detryment to the whole Kingdome and so fit to be determined by the representative Body of the Kingdome 2. That the Cowardly delivering up of any Town or Castle by the Governour thereof to the Enemy is a Capitall Offence deserveth death and likewise the losse of it through his negligence or default 3. That every Governour who takes upon him the custody of any Fort or Town is obliged in point of Trust and duty under Pain of DEATH to defend it to the utmost extremity 4. That the concurrent consent of a Councell of Warre or Souldiers to render up a Town to the Enemy before utmost extremity for the saving of the Houses Lives and Goods of the Soldiers or Inhabitants is no excuse at all to justify or extenuate such a Governours dishonourable Surrender and offence 5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody till their Tryalls be past and not suffered to go at large 6. That a Governour giving timely notice of the Enemies apporach of the weakenesse of the Garrison his s●ing for timely ayd and repulsing of the Enemy for a season will no wayes excuse his surrender of a Town or Castle unlesse he hold it out to the utmost extremity or Surrender it by the consent of those who entrusted him with the Custody thereof 7. That the violent Battery of the Walles or drayning of the Dykes of any Castle or Citie or any breach made in them by the Enemy though extraordinary powerfull are no sufficient causes or excuses for any Governour to Surrender them upon composition to the Enemy while there is sufficient victuals men or ammunition to defend them And that they must in no wise be surrendred without consent of those who put in the Govirnour till the greatest part of the Souldiers be slain the victuals or ammutioun quite spent and all hopes of reliefe dispayred of utterly upon good grounds Which is cleare by the Case of Weston who made a better defence of the Castle of Outbrewick with 38. men onely against more then 8000. Enemyes who besieged assaulted battered it for 6. dayes together with nine great Cannons and other Engines and pleaded farre more in his defence of his surrender of it then many now can do for surrendring of Townes and Castles of far greater importance then this Castle was and yet for all this Weston in full Parliament was adjudged to death for it Thus far the words of an adversary to me and Kings especiall friend and councellor and therefore of the more weight and authority Titus 1.12 13. Therefore my Lord laying all these things together as 1. Col. King and J being both Soldiers under one Generall namely the Earl of Manchester who was authorized by Parliament to govern his Army by Martiall Law which Law was plainly printed by the same authority and openly published to the view of every Commander Officer Souldier for transgressing against which Artickles many in a martiall way have lost their lives and no other visible Rule that J knew off was to be the Rule and Judge of our actions or offences but that Law unto the power and authority of which both Col. King and my selfe did voluntarily stoop and therefore as I humbly conceive wee are not to be tryed by the Rules of the Common Law which I thinke no man in the world fully and truly knowes for our actions committed in our souldier condition which is the true cause betwixt him and me 2. I did my duty according to the trust reposed in me By the State Legall representative and by my Generall from whom I had my Commission and according to the private commands of Lievtenant Generall Crumwel which was to be faithfull in my place and to complain either of Col. King or whomsoever I groundedly knew did any actions that tended to the ruine of Salus Poppuli The safety of the People

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 houlds 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 is the Fate of Law that in what language soever it speaks it never speaks plain but is wrapt up in such difficulties and misteries as all proffessions of profit are as it gives more affiction to the People then it doth remedy therefore when Magna Charta after many a bloudy Battle and the purchase of many hundred thousands of pounds was obtained and confirmed by Edward the first in the 27. year of his Raign divers Patrons of their Country as Sir Edvvard Cook in his Proem before the second part of his Institutes 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 Citty of London and taught such as resorted to them the Lawes of the Realm taking their foundation from Magna Charta and Charta de Forresta which the King sought to impeach and therefore in the 19th yeare of his Raign by his Writ commanded the M●●or and Sheriffes of London to suppresse all such Schooles under great penalties such enemies are Tyrants to the Peoples knowledge understanding of their Lawes and Liberties that so they may rule by their wils and pleasures for the impugning and infringing of which c. this wicked and leud King was dis-throned at the doing of which he confessed that he had been mis-guided and done many things whereof now too late he repented which if be were to govern again he would become a new man and was most sorrowfull to have offended the State as it should thus utterly reiect him but yet gave them thanks that they were so gracious unto him as to elect his eldest sonne for King And Henry the third in the 2 8th yeares of his Raigne 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 annih late their Liberties wherefore his Nobles c. sent him expresse word Thât unlesse he would amend his doings they would expell him and his evill Councellors out of the Land and deal for the creation of a new King Daniel Fol. 154. But I desire not to be mis-understood for in the harshnes of my expressions again the Common Law I put as J 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 this that the 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 vollumnious Booke of Statutes for in my apprehension they fall far 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 do not positively and legally hold out a sufficient security to hedge about to keepe in peace and to preserve the splendor and glory of that underived Ma●est● 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 〈◊〉 r●●resentative and none elce whose actions ought all to tend to that end against 〈…〉 usurpations and violences of all it's creatures officers and Ministers in the number of which are Kings themselves from whom and for whome they have all their Power and authority as the executions of their will and mind for their good and benefit to whom they are accountable for the faithfull discharge of that trust reposed in them as not onely Scripture but nature and reas●n doth fully prove yea and our own writers especially the late Observator and Mr. Prinne in his Soveraign power of Parliaments and Kingdomes printed by speciall authority from the house of Commons 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 the successours of William the Conquerer as I have largely elsewhere clearly manifested yet alas in my aprehension it falles short of Edward the Confessours lawes which the Conquerer rob'd England of and in stead of them set up the dictates of his own will whose Norman rules and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall by reason of their tediousnesse ambiguities uncertainties the entryes in Lattine as bad at the French because it is not our own tongue their forcing men to plead by Lawyers and not permitting themselves to plead their own causes their compelling of persons to come from all places of the Kingdome to seeke for justice at Westminster which is such an iron Norman Yoke with fangs and teeth in it that if wee were free in every particular elce that our hearts can thinke of yet were we slaves by this alone the burthen of which singly will pierce and gall our shouldiers and make us bow and stoop to the ground ready to be made a prey not onely by great men but even by every cunning sharking knave O therefore that your Lordshp would desire and solicite our honourable Parliament accord●ng to the late Declaration forever to annihilate this Norman innovation and reduce us back to that part of the ancient frame of government in this Kingdome before the Conquers dayes and that wee may have all causes and differences decided in the County or Hundred where they are committed or do arise without any appeal but to a Parliament and that they may monthly be Iudged by twelve men of free and honest condicion chosen by themselves with their grave or chiefe Officer amongst them and that they may sweare to judge every mans cause aright without Feare Favour or affection and then farewell jangling Lawyers the wild-fire destroyers and bane of all just rationall right governed Common-wealths and for the faciliating of this worke and the prevention of Frauds I shall onely make use of Mr. Iohn Cooks words a Lawyer of Grayes-Inne in the 66. page of his late published Booke called a vindication of the professors and profession of the Law where he prescribes a ready remedy against frauds which is that there might be a publique Office in every County to register all Leases made for any Land in that County and also all Conveiances whatsoever