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	see_v	write_v	2,709	5	5.5275	4	true

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

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

House of Commons † See Dr. Bastwicks defence against me pag. 8. and my printed Epistle about that businesse daited Iuly 25. 1645. caused me to be committed as a prisoner and as a prisoner by vertue of that his uniust procurement I lay till the 14 of October 1645. to my extraordinary charge and dammage yea and to the hazzard of my life as I could easily truly and undeniably demonstrate but at present read my booke called Innocency and truth iustified pag. 29. 30. 31 32. And yet neither he nor any man for him ever prosecuted any charge against me for although I lay so long yet was I delivered before ever I knew truly and legally wherefore I was imprisonned as appeares by the following Coppy of my releasement Die Martis 14 October 1645. MR. Recorder acquainted the House that two Sessions were now passed since Lievtenant Colonel Lilburn was removed to Newgate and had continued a prisoner there and that no information or other charge had been yet brought against him and at this last Sessions he humbly desired either to be tryed or to be discharged and it is thereupon resolved upon the question that Liev. Col. Lilburne be forthwith discharged from his imprisonment To the Keeper of Newgate or his Deputy Hen. Elsing Cler. Parl. D. Com. And that King was the instrumentall cause of my imprisonment appears 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 pag. of his booke intituled the Lyar Confounded and by what I find recorded under Kings hand in the 8th pag. of his co-partner Dr. Bastwicks book written against my selfe for although Dr. Bastwick be now my bitter Enemy and his hand be with Kings to the information which Dr. Bastwick there saith was put into the House of Commons against me yet I am apt to thinke that King was the Ring-leader in it because at that time there was no visible nor professed breach of friendship betwixt Dr. Bastwick and my selfe Vpon which provocation by King it might be and I doe believe it to be true that I might be free in my discourse at severall times of King and the forementioned charge of Treason given into the House of Commons against him and I 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 doe not own the words specified by him in every particular Therefore I conceive it uniust irrationall and Anti-Parliamentary for an inferior and subordinate Court as the Court of Common Pleas is to meddle with this businesse it being now dependent in Parliament the supream Court and unjudged there as yet although the prosecutors are ready 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 terrifie 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 I am the rather confirmed in this opinion when I seriously read over Mr. Prinnes Booke cal'd the doom of Cowardice and Treacherie he being Colonel 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 in his 2 3 4 5 6 pages which containes the case of Cominy and Weston hath these observations and inferences from them in the 7 page thereof That it is to be remembred that Jeffery 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 only observe these few particulars 1. That the surrender of Towns or Castles to the Enemy through Cowardice or Treachery is properly examinable and tryable only in Parliament It 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 Paine of DEATH to defend it to the utmost extremity 4. That the concurrent consent of a Councell of Warre or Soldiers to render up a Town to the Enemie before utmost extremity for the saving of the Houses Lives and Goods of the Soldiers or Inhabitants is no justifie excuse at all to exten●a●e 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 goe at large 6. That a Governour giving timely notice of the Enemies approach of the weaknesse of the Garrison his suing for timely said and repulsing of the Enemie for a season will no wayes excuse his surrender of a Town or Castle unlesse he bold it out to the utmost extremity or Surrender it by the consent of those who intrusted 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 Enemie while there is sufficient victualls men or ammunition to defend them And that they must in no wise be surrendred without consent of those who put in the Governour till the greatest part of the Soldiers be slaine the victualls or ammunition quite spent all hopes of reliefe dispaired of utterly upon good grounds Which is cleare saith he by the case of Weston who made a better defence of the Castle of Outhrewick with 38. men onely against more then 8000. Enemies who besiedged 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 doe 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 farre 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 I being both Soldiers under one Generall namely the Earl of Manchester who was authorized by Parliament to govern

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