Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	law_n	lord_n	people_n	2,758	5	4.7826	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88211	The lawes funerall. Or, An epistle written by Lieutenant Col. John Lilburn, prisoner in the Tower of London, unto a friend of his, giving him a large relation of his defence, made before the judges of the Kings bench, the 8. of May 1648. against both the illegal commitments of him by the House of Lords, and the House of Commons, ...	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2130; Thomason E442_13; ESTC R210612	38,933	34

of the hands of those that are to strong and mighty for thim and that they shall judge righteously betwixt a man and his brother his neighbour in justifying of the righteous and condemning of the wicked without wresting judgement or respecting persons but that with judgement they shall beare the small as well as the great and above all that the Judges shall not be afraid of the face of man for saith he ye Judge not for man but for the Lord who is with yon in judgement and therefore saith he take heed and d ee it for there is no iniquitie with the Lord nor respect of persons nor taking (a) Exod. 18 21. 23.2.6.8 Deut. 1.16.17 ch 16.19 25.1 2 Chro. 19.6.7 of gifts And as God is thus delighted in doing Justice and Judgement so on the contrary side he hath declared he asmuch abhorres those that turne Judgement into wormwoode and ganle and leaves of righteousnesse in the earth and commits mighty sinnes in afflicting the just in taking of bribes and turning aside the poore in the gate from their right (b) Esa 1.23.24 Jer. 5.28.29 22.16.17.18 Amos 5.12 6 12 14. Mic. 3.9.11 Zek. 8.16 17. And that Sir which adds unto my gladnesse is this that now I stand not before Arbitrary Judges which judge themselves bounded by no law or rules either of God or man but are left loose unto the reines of their depraved corrupt lusts and wills by vertue of which I have not a little beene tossed and tumbled from Gacle to Gaole and not for some few houres dayes weekes or Moneths but for some yeares without having any legall crime laid to my charge or ever been brought out unto any Legall triall But Mr. Bacon here I stand before you who are sworne and proper Judges of the Law Yee of the Law of England with that learned Lawyer Sir Edward Coke often stiles a Law of righteousnesse and mercy especially to Prisoners in my case (c) 1 Part. insti Sect. 438. fo 260. 2 Part. instit so 42 43.46.55.56.115.186.189 190.526 4. Part. instit so 168. who have been almost this two yeres imprisoned First By the House of Lords and then Secondly By the House of Commons for nothing as clearely appeares unto you by my Warrants of Commitments which onely charge me with generals and generalls are no charge nor crimes in (d) 2 Part instit so 52.53.315.318.591.615.616 and 1 Hart Book declar pag. 38. 77. 201. 845. and the Votes upon the impeachment of the 11. Members and the Petition of right 3 C. R. and the Act that abolished the Star-Chamber 17. C. R. Printed in my Booke called The Peoples Prerogative Pag. 22. 23. 24. 25. 26. Law but if they were as they are not Yet those viz. the Lords and Commons that made them were never betrusted by the Law to be the executors of the (e) See the 14. and 29. Chapters of Magna Charta and the exposition upon them 2 Part. instit fol. 29.46 c. and the Petition of Right and the Act that abolished the Star-Chamber and Rot. Parl. 5. R. 2. num 45. Rot. Parl. 1. H. 4 Mumb. 14. numb 79. 5. H. 4. chap. 6. 11. H. 6. chap. 11. 23. H. 6. chap. 11. 15. 4. H. 8. chap. 8. 1 2 P. M. chap. 10. 4 Part. instit fol. 25. and 1. Part Booke Decl. pag. 48. 278. Law And therefore Mr. Justice Bacon with all honourable and due respects upon your Office and persons I desire with asmuch brevity as I can to make my defence against both the Warrants of my commitments and I shall crave leave to observe this Method First although I grant that the House of Commons and the House of Lords have by the Law and Custome of England their proportionable power and interest in the making and repealing of Lawes yet I do averre that neither devided nor conjoyned they are not in the least betrusted to execute the Law but your honours and the rest of the sworne Judges Justices of the Peace and the Constables c. are by Law betrusted to be the sole and only executors of it And that no Commoner of England is to be restrained of his liberty by Petition or suggestion to the King or to his Councell unlesse it be by indictement (f) 5. Ed. 3. ch 9. 25. E. 3. ch 4. 37. Ed. 3 ch 18. 38. E. 3. ch 9. 42. Ed. 3. ch 3. 11. R. 2. ch 6. 2. part instit fo 46. and Petition of Right and the Act that abolished the Starre-Chamber or presentment of good and lawfull men where such deedes be done and no Commoner of England is to be past upon to lose either life limbe liberty or estate but by legall Tryall by a Grand Iury and Petty Iury of his peers or equalls which Sir Edward Cooke calles the ancient and undoubted Birth-right of an Englishman 4 part insti fol. 41. before a sworne Iudge of the Law in the ordinary Courts of Justice the proofes to be in cases of Treason c. by two sufficient witnesses at least plaine and upon their Oathes (g) See the 14. and 29. Chapter of Magna Charta and 2. part instit fo 29.46.50 and the Petition of Right and the Act that abolished the Starre-Chamber and the case of the Corporation of Cambridge Rot. Parl. 5. R. 2. Num. 45. and the notable Plea of A. B. a Citizen of London pag. 24. and 5. part insti fo 25. and 1. Ed. 6. ch 12. and 5. and 6. E. 6. ch 11. and 13. Eliz. ch 1. And Mr. Iustice Bacon by Law a Lord of the Parliament is not so much as to be of the Jury of a Commoner as learned Sir Edward Cooke declared 1 part insti sect 234. fo 156. and if by Law he cannot be of his Jury much losse can he be his absolute Iury and Iudge both And also by the Act that abolisheth the Starre Chamber this present Parliament 17. Car. Rex it is firmly and strongly inacted that all Lawes Orders Ordinances Iudgements and Decrees made in deminution of the 29. Cha. of Magna Charta and the Lawes before recited are and shall be null and void in Law and holden for errour and therefore at present to conclude this point about jurisdiction I shall winde it up with Sir Edward Cookes words in his proeme to his 4. part institutes viz. That the bounds of all Courts are necessary to be known for as the Body of a man is best ordered when every particular Member exerciseth its proper duty so the body of the Common-wealth is best governed when every severall Court of justice exempteth his proper jurisdiction But saith he if the eye whose duty is to see the hand to worke the feete to go shall usurpe and increach one upon anothers workes as for example the hands or feet the office of the eye to see and the like

in Irons for High-Treason in levying Warre by the Parliaments Command against the King he nobly told me he would give me the utmost priviledge that the Law of England would afford me and further declared unto me it was my right by Law to plead for my selfe and say whatsoever I could for my selfe which he freely without any interruption gave me leave to do and Sir I hope you will not be more unjust unto me then the Pagan Roman Judges were to Paul or the Caviliers to my selfe at Oxford in denying me my priviledge to speake and plead for my selfe Whereupon Mr. Justice Bacon replied and said Sir it is a favour that you are permitted to plead by councell Sir said I by your favour I doe not judge it so and besides I desire Mr. Iustice Bacon with all respect unto you and desire to let you know I do not com here to beg boones or courtisies at your hands but I come here to claime my right do with confidence tell you Sir that it is not only my undoubted naturall right by the light and Law of nature yea and by the ancient common Law of England to plead my owne cause my selfe if I please but it is also the naturall and undoubted right of every individuall Englishmen yea and of every man upon the face of the Earth in what Countrey soever and therefore Sir I demand from you liberty to specke frealy for my selfe not only by the Law of nature but also by the ancient Common law of England freely telling you that I Judge my cause of that consequence to my selfe and all the Commons of England that I will trust never a Lawyer in the Kingdome to plead for me and therefore againe demand to as my right leave to plead my selfe the which if you will not grant me I have done and haue no more to say to you whereupon the Iudges commanded the lawyers to make me roome and called me closse to the Barr where I did my respect unto them and they caused the returne to be read which consisted of my commitment from the Lords the 11 of Iuly 1646 my commitment from the Commons 19 Ian 1647 and a late order of the commons to command the Lievetenant of the Tower upon removeall of his prisoners not to remove the 4 Aldermen nor Sir Iohn Maynard nor my selfe which returne in the conclusion hereof I shall insert and then as I conceive because some of the returne was latten Iudge Bacon askt me if I understood it and I said yes for I had cause enough given me so to doe whereupon he begun to tell me I might easily perceive I was Committed by the Lords upon a Centence and begun to amplifie their power as a superior court whose actions were not to be questioned or controled by the Judges of the Kings Bench because they were inferior to them Unto which I replied Sir I desire the returne may be ordered to be entered upon record and this I pressed diverse times and desired that if the Lieutenant had any thing to add to the returne he might now speak or else forthwith it might be made a record and he thereby debarred of making additions to it which was accordingly done and then I pressed to be hard and said Mr. Justice Bacon I desire to keep you close to my businesse which is thus I am in prison and having no crime laid unto my charge by those that do commit me as clearly appears unto your Honor by the returne for generalls you know better then I doe are no charge nor crimes in Law and therefore according to the law I crave leave to make my exceptions against the return when I have done I shall willingly submit my discourse my cause and my person to your Judgements and consciences but I pray heare what I can say for my selfe and my liberty or if you will not command me silence I will obey you And then Mr. Justice Roll spoke like wise to the Lords power and would also have staved me of from going on but I prest still to be heard what I could say against the returne and he prest me to keepe close unto it and not be extravigant in medling with impertinences but I told him I did not know what he would judge impertinences therefore prest hard to be heard telling him if I spoke that which by Law I could not Justifie they might the easier tript up my heales but I assured him I was an honorer of Magistracy as being the chiefe meanes God had appointed to keepe the world in order and therefore I was resolved to speak with all honour respect both unto their office and persons so I had leave granted to go on and having my plea in a readinesse writ I put on my spectacles held it before me as the Lawyers do there Briefes and begun and said as was contained in my paper which I shall give you as I had pend it before I came to the barre though I confes I had many bickering interruptions by both the Iudges which in the best manner my memory will serve me I shall note in the Magent as I goe on with my discourse which thus followeth Mr. Justice Bacon I doe ingeniously confesse that I judge Universall safety to be above all Law and that it is the ouldest Law of any in the Kingdom and therefore I shall not dispute in the least the Parliaments irregular actions that they were necessitated too for common preservation in the height of the Warres but the Warres being ended as they themselves declare they are in their late Declaration against the Scotch Commissioners and thereby the affaires of the Kingdome reduced into a more peaceable and hopefull condition then heretofore wherefore I may now groundedly from the full streame of all their Declarations and promises expect challenge and looke for the absolute benefit of the Law and the common justice of England in the ordinary courts of Justice thereof which they have declared and promised they will not now enterrupt See their Declaration of the 17. of April 1646. 2 Part. Book Declam pag. 879 and their Ordinance of none addresses to the King in Ianuary last where they promise the people though they lay the King aside yet they will notwithstanding governe them by the Law and not to interrupt the ordinary course of Justice in the ordinary courts thereof And therefore Mr. Justice Bacon I am not a little glad that I stand before you at this Barre of Justice which is bounded by the Law where I never was before for seeing that the great Judge of all the world Stiles himselfe to be a God of judgement Esa 30.18 and further saith of himselfe That I the Lord love judgement and hate robbery for burnt offerings Esai 61.8 and therefore layes his command upon Judges those gods upon earth Psal 82.6 That they shall defend the Poore and Fatherlesse and doe justice to the afflicted and needy and deliver them out

convert all my zeale to presse all the Commons of England out of all the Counties thereof to hasten up to Westminster to the Lords House and there at their dore susser the Lordn to bore them through their cares as their Vass is and slaves being heir actions clearly and dayly declare they never intended them any freedom Law or Justice and absolutely it is a vaine thing and time meerely lost from their hands to expect any so Judge Roll concluded and said they were upon their Oathes and as Judges of the Law they could do no other bat remand me to prison againe unto which ipaciently stooped and came away but had much ados to get out of the Hall by reason of the extraordinary crowde And the next day sending to see what was entered in the booke about me the Clarke or Regester sents me a paper in these words Munday after five weekes of Easter in the 24. of King Charles Tower of London Iohn Lilburne Gentleman brought here into the Court upon an Habeas Corpus by Robert Titchburne Esquire Lieutenant of the Tower of London and the returne of the said Habeas Corpus being read he being committed by the Lords and Commons in this Parliament of England assembled it is ordered that he shall be remitted O superlative Justice was ever any man committed or remanded to prison before by those Judges that in open Court declare he hath been already almost 2. yeares in prison for nothing and now also they have no crime to lay to his charge which is my case but to draw to a conclusion I desire to fulfill my promise and give you a sight of the returne which thus followeth J Robert Titchbourne Esquire Keeper of the Tower of London according to a shore Writ of our Lord the King to this scedule annexed certifie That Iohn Lilbourne Gentleman in the said Writ mentioned was committed and is detained in my custody by vertue of an Order made the eleveth day of Iuly 1646 by the Lords in the present Parliament of England assembled and then sitting the tenour and scope of which Order followeth in these words Die Sabbati undecimo Iulii 1646. ORdered by the Lords in Parl. assembled That John Lilburn being sentenced by this House shall for his high contempt and misdemeanour done to this high Court according to the said sentence stand committed to the Tower of London for the space of 7. yeares next after the date hereof And that the Lioutenant of the said Tower of London his deputy or deputies are to keepe him in safe custody accordingly And that he do take care that the said L. C. John Lilburn do neither contrive publish or sptead any seditious or libellous Pamph lets against both or either Houses of Parliament Iohn Brawne Cler. Parl. To the Lieutenant of the Tower of London his Deputy or Deputies And further I certifie our Lord the King that afterward to wit upon the 18. day of Ian. 1647. It was ordained by the Commons in the said Parl. assembled as followeth in these words Die Martis 18. Ian. 1647. Resolved c. That the Licutenant of the Tower be hereby required to bring up to the Bar of this House to morrow morning at nine of the Clock L. Coll. Iohn Lilburne his Prisoner Hen. Elsynge Clar. Parl. D. Com. By vertue of which I the said Rob Tichbourn the said Iohn Lilbourn brought up to the laid House of Commons in the said Parl assembled by wh●●● afterward the said Iohn Lilburne was againe committed to wit upon the 19. day of Jan. 1647. to my custody and in like manner is detained by vertue of an order made by the said Commons in Parliament assembled the tenour of which order followeth in these words By vertue of an Order of the House of Common these are to require you to receive from the Sergeant at Armes or his Debutie the body of L. Col John Lilbourne into the Tower of London and him there to detaine in safe Custody as your Prisoner in Order to his tryall according to Law be being committed for treasonable and seditions practices against the state and for so doing this shall be your warrant Dated Jan. 19. 1647. Wil. Lenthall Sp●●●●● To the Lieutenant of the Tower of London The said Iohn Lilburn is also detained in my Custodie by vertue of another Order made by the said Cōmons in the said Parl assembled the tenour of which Order follovveth inthese words Die Martis 18 April 1648. Resolved c that the 4. Aldermen of London Col Lilburne for Iohn May and do continue in the Tovvervv thout being removed from thence H. Elsing Cler. Parl. D. C. These are the causes of the keeping and detaining the said Iohn Lilburne in my enstody whose bodie before our Lord the King at the day and place in the said vvrit contained I have ready as by the said vvrit is commanded Robert Titchburne Keeper of the Tovver of Lonodn So deare friend with my service presented to you I rest yours faithfully John Lilburne Tower the 15. of May. 1648. FINIS