Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	abundance_n	year_n	young_a	15	3	6.2703	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96856	The triall, of Lieut. Collonell John Lilburne, by an extraordinary or special commission, of oyear and terminer at the Guild-Hall of London, the 24, 25, 26. of Octob. 1649. Being as exactly pen'd and taken in short hand, as it was possible to be done in such a croud and noise, and transcribed with an indifferent and even hand, both in reference to the court, and the prisoner; that so matter of fact, as it was there declared, might truly come to publick view. In which is contained all the judges names, and the names of the grand inquest, and the names of the honest jury of life and death. Vnto which is annexed a necessary and essential appendix, very well worth the readers, carefull perusal; if he desire rightly to understand the whole body of the discourse, and know the worth of that ner'e enough to be prised, bulwork of English freedom, viz. to be tried by a jury of legal and good men of the neighbour-hood. / Published by Theodorus Verax.	Lilburne, John, 1614?-1657.; Walker, Clement, 1595-1651.	1649 (1649)	Wing W338; Thomason E584_9; ESTC R203993	161,048	170

knowledge of all that at the House had past against me and although I also knew that the further designe against me which was that the Councel of State as they are called would take me away thereupon with armed force the next morning yet notwithstanding all this I stirred not out of my House but remained there till about five a clock the next morning at which time 200 or 300. armed Horse and Foot without so much as one Civil or Magisterial Officer with them came by force of Arms and haled me out of bed from my Wife and Children not according to the Law of England as is expresly provided in two several Statutes viz. the 1. of Edw. 6. Chap. 12. and the 5. 6. of Ed. 6. Ch. 11. by which rules of the Law and no other they ought to have proceeded against me from first to last and I am sure they both expresly provide that if any man be accused of Treason that he shall be accused first to one of the Kings Councel or to one of the Kings Justices of Assize or else to one of the Kings Justices of the Peace being of the Quorum or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed * See also to this purpose part 3. of Cooks Instit Ch. High Treason f. 26. 27 28. and part 1. Parl. Declar. in the case of the L. Kimbolton and the 5. members p. 38 39 76 77 But contrary to these and other wholsom and good Laws although there hath bin an eight yeers War in England pretendedly for the preservation of the Laws and Liberties of England yet I say contrary to the express Tenor of these Laws as also of the Petition of Right yea and also of the express Letter of that excellent Law that abolished the Star-chamber this Parliament was I by force of Arms that never fortified my House against the present Power nor never disputed any of their Summons though sent by the meanest man that ever appertained to them and who if they had sent their Warrant for me by a child I would have gone to them I was fetched out of my bed in terror and affrightment and to the subversion of the Laws and Liberties of England and led through London streets with hundreds of armed men like an algier captive to their main-Guard at Pauls where a mighty guard stayed for the further conducting me by force of Arms to White-hall Now Sir if I had committed Treason I ought not to have bin apprehended and proceeded against by armed mercenary Soldiers but by Civil and Magisterial Officers and no other according to those excellent priviledges that the Parliament themselves in the yeer 1641. in their own book of Declarations p. 36 37 76 77. did claim for those six Members viz. the Lord Kimbolton M. Pym M. Hollis M. Stroud Sir Arthur Hasleridge and M. Hamden I say and aver I ought to have had the process of the Law of England due Process of Law according to the fore-mentioned Statutes and Presidents for I never forceably resisted or contended with the Parliament and therefore ought to have had my Warrant served upon me by a Constable or the like Civil Officer and upon no pretense whatsoever ought I to have been forced out of my bed and house by Mercenary armed Officers and Souldiers But Sir comming to White-hall I was there also kept by armed men contrary to all Law and justice and by armed men against Law I was by force carryed before a company of Gentlemen sitting at Darby-house that look upon themselves as Authorized by the Parliament to be a Committee or Councel of State who by the Law I am sure in any kind had nothing at all to do with me in cases of pretended Treasons where I was brought before M. Iohn Bradshaw sometimes a Councellor for my selfe before the House of Lords against my unjust Star-chamber Judges who there in my behalfe Feb. 1645. did urge against the Lords of the Star-chamber as the highest Crime against the liberties of the people that could be as being Illegal Arbitrary and Tyrannical that the Lords in Star-chamber should censure me to be whip'd pillared c. for no other cause but for refusing to answer their Interrogatories against my selfe and when I was brought before the said Councel of State I saw no accuser no prosecuter no accusation nor charge nor inditement but all the Crime that there was laid unto my charge was M. Bradshawe's very seriously examining me to questions against my selfe although I am confident he could not forget that himself and M. Iohn Cook were my Councellers in Feb. 1645. at the Barre of the House of Lords where he did most vehemently aggravate and with detestations condemn the Lords of the Star-chambers unjust and wicked dealing with English freemen in censuring them for their refusing to answer to questions concerning themselves and yet notwithstanding walked with his dealing with me in the very steps that formerly he had bitterly condemned in the Star-chamber Lords yea and there for refusing to answer his questions for any thing he declared to me to the contrary committed me to Prison for Treason in general and you know very well better then I do that by your own Law generalls in Law signifie nothing Judge Jarmen M. Lilburne you very much abuse and wrong your selfe for you very well know M. Bradshaw is now denominated by another name namely Lord President to the Councell of State of England and it would well become you in your condition so to have styled him Lieut Col. Lilburne And although no crime in Law which ought to be particularly expressed was laid unto my charge yet when I was first imprisoned there were thousands of my friends well wishers to the freedomes of England and to the common cause in which they had been ingaged in for these eight yeares together both old and young both masters of families young men and apprentises and abundance of others of the feminine sex too with abundance of cordiall honest men in severall Countries joyned in severall rationall and fair petitions and delivered them to the House in the behalfe of my selfe and my three fellow Prisoners in which they most earnestly intreated them that they would not prejudge us before we were heard and knew our accusers and accusations but rather that they would release us and take off their prejudgeing Votes against us which they had caused to be proclaimed in all the publique places of the Nation against us and let us have a fair and Legall Triall according to the Lawes of England and according to the undenyable Priviledges of the due processe of the Law from first to last and they would put in any security that they would require of them that we should be forthcomming at all times to answer whatsoever in Law could be laid to our charge unto all which petitions which were very many they could get

L. C. Lilb Truly I ●●ver read it Sir in the lawes of England what it is to plead in this nature Lord Keble You say you will be tried by the lawes of the Land then it is by the Countrey and so you may plead and doe your selfe no harme for by the Countrey is meant a Jurie of your equalls L. Col. Lilb Sir I am doubtfull of my ignorance in the Lawes yet I will returne you an answer you making good your already engaged promises that you will take no advantage against me if through my ignorance and your importunitie I plead in any forme that in strictnesse of acceptation may deprive me of any reall benefit the law will afford me Judg Thorp Mr. Lilburn you will be tried by the law and by the rules thereof when you say so you doe reallie declare it to be by your countrie so that the true signification of being tried by the law is the same thing in substance with being tried by the rules of the law L. Col. Lilb Then I hope my answer is cleare and fair Sir Judg Jermin The formalitie is shortly this to be tried by God and your countrie no more is meant by it but thus by God as God is everie where present yea in all Courts of Justice and sits and knows all things that are acted said and done the other part of it by your countrie that is by your countrie or neighbourhood the Countrie is called Patria because your neighbour and your equals which you are willing to put your self upon the triall of by force of that word the Countrie a Jurie of the neighborhood for triall of you are summoned now doe what you will L. Col. Lilb Sir under your favour thus then in the negative I say God is not locally or corporally here present to try me or passe upon me but affirmative I returne this answer that I desire to be tryed in the presence of that God that by his omnipotent power is present every where and beholds all the actions that are done upon the earth and sees and knows whether any of your hearts be possessed with a premeditated malice against me and whether any of you come with so much forethought of malice against me as that in your hearts you intend to do the utmost you can right or wrong to destroy me and before this alseeing God I desire to be tryed and by my Countrey that is to say by a jury of my equalls according to the good old lawes of the Land Justice Thorp You have spoken very well Lord Keble You have done like an English-man so far as you have gone and I doe assure that in any formalities as you expresse orcall them there shall be no advantage againsty ou if you mistake in them Now what you have the next to thinke upon is your Jurie of your countri-men or neighbours of your equalls and I promise you we will take ●are of that that they shall be good and lawfull men of England L. Col. Lilb I thank you Sir but under your favour thus your indictment is extream long and of aboundance of particulars it is impossible that my memory or of any one mans in England can contain it or carry it in our heads and therefore that I may make my defence so as becomes a rationall English man I earnestly entreat you that now you wil be pleased to give me a copy of my indictment or so much of it as you expect a plea from me upon or an answer unto and Counsell assigned me and time to deba●e with my Counsell and sub-poena's for witnesses Lord Keble For ●ouncell you need none Mr. Lilburn for that not guilty which you have pleaded is that which lies in your own breast which rests in your owne counsell and you know how it is and can best plead that your self Councell lies in matter of law not of fact L. Col. Lilb Vnder favour I desire Councell for matter of law and not for matter of fact My indictment I believe in law is all matter of law and I have something to say to it in law Lord Keble If matter of law doe arise upon the proofe of the fact you shall know it and then shall have Councell assigned to you L. Col. Lilb I my selfe have before this been upon some trialls and never before this was denyed Councell no nor so much as ever disputed whether I should have it or no. I also was at a great part of the Earl of Straffords tryall who was supposed a most notorious Traytor and yet if my observation and memory doe not exceedingly faile mee he had Councell assigned him at his first desire and they were continually with him not only at the Bar when he was there but also had continuall and free accesse to him in prison Besides Sir I being accused of Treason in such an extraordinary manner and being but an ordinary man my selfe no eminent experienced Lawyer dare well meddle with my businesse no nor so much as bestow a visit upon me but he runs a hazard of being undone and truly my estate is in an extraordinary manner taken from me so that I have not money to send messengers up and downe privately to their chambers and therefore that I may be freely and allowedly able without danger of ruine to any man that shall advise me I shall humbly crave as my right by law and I am sure by common equity and justice that I may have Councell and Soliciters also assigned me Lord Keble Mr. Lilburn speake rationally for your selfe when there comes a matter of law that you are able to say this is for matter of law arising from matter of fact that hath been proved or endeavoured to be proved when you come beyond that you shall have it as willingly as you can desire and withall this that you say concerning your Memory which you say is not able to carry away or containe the particulars of this Inditement The Inditement so much as will charge your memory will be very short for it is the publishing of those books charged upon you in the Inditement that will be the matter which will stick and that matter will be very short which we must prove against you which is only matter of fact and not of Law And therefore for fact of Treason you can be allowed no Counsell but must plead it your selfe L. Col. Lilb Sir under favour you expect from me impossibilities for seeing I have been seven moneths in prison for nothing and could not in the least know perfectly what would be laid to my charge nor after what manner I should be proceeded against considering all proceedings against me hithertoward have been so absolutely arbitrary that it was impossible for me in Law exactly to come provided and therefore seeing I am now here and you pretend to proceed with me according to the due course of Law and seeing the forme of the proceedings in this manner with me is not expresly and exactly

Ianuary 1647. laid downe in the following discourse page 23 24 25. and write to all your friends in all the Counties of England to chuse out from amongst themselves and send up some agents to you two at least for each County with money in their pockets to bear their charges to consider with your called and chosen Agents of some effectuall course speedily to be taken for the setling of the principles thereof meaning the aforesaid false Agreement devised by your self the aforesaid Iohn Lilburn and to set up the promoting of the aforesaid fained Agree meaning as that only which in an earthly Government can make you the aforesaid friends of the said Iohn Lilburn happier at least to know one anothers minds in owning and approving the principles of the foresaid false Agreement that so it may be come to you meaning the foresaid friends of the foresaid Iohn Lilburn and all your friends your centre standard and banner to flock together to in time of those forraign innovations and domestique insurrections that are like speedily to bring miseries enough upon this poor distressed Nation the aforesaid Nation of England again meaning and uanimously resolve and engage one to another neither to side with or fight for the chimaera's fooleries and pride of the present men in power the aforesaid Parliament of England meaning nor for the Prince his will nor any other base interest whatsever the which if you the aforesaid friends of the said John Lilburne meaning should fight for it would be but an absolute murther of your brethren and Country-men you know not wherefore unlesse he or they will come up to those just righteous and equitable principles therein contained and give rationall and good security for the constant adhering thereunto And upon such termes I doe not see but you may justifiably before God or man joyne with the Prince himselfe yea I am sure a thousand times more justly then the present Ruling men upon a large and serious debate joyned with Owen-Roe-Oneale the grand bloudy Rebell in Ireland who if we must have a King I meaning he the aforesaid Iohn Lilburne for my part I had rather have the Prince meaning CHARLS STUART Son to the late KING then any man in the world because of his large pretence of Right which if he come not in by conquest by the hands of forraigners the bare attempting of which may apparently hazard him the loss of all at once by glewing together the now divided people to joyne as one man against him but by the hands of English-men by contract upon the premisses aforesaid which is ealy to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all farraign Nations and having no Regall pretended competitor viz. The immediatly disbanding of all Armies and Garisons saving the old Cinque-ports and so those three grand plagues of the people will cease viz. Free-quarter Taxations and Excise by meanes of which the people may once againe really say they enjoy something they can in good earnest call their owne whereas for the present Army to set up the pretended false Saint Oliver or any other as their elected King there will be nothing thereby from the beginning of the Chapter to the end thereof but Wars and the cutting of throats year after year yea and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves and vassals as by wofull and lamentable experience they now see they perfectly are which slavery and absolute bondage is like dayly to increase under the present Tyrannicall and Arbitrary new erected robbing Government and therefore rouse up your spirits before it be too late to a vigorous promotion and setling of the principles of the foresaid Agreement as the only absolute and perfect meanes to carry you off all your maladies and distempers Here Lieutenant Collonel Lilburne in the first dayes reading the Indictment taking notice of the Judge Thorpe and Mr Prideaux to whisper together cryed out and said to this effect L. Col Lilburne Hold a while Hold a while Let there be no discourse but openly for my adversaries or persecutors whispering with the Judges is contrary to the Law of England And extreame foule and dishonest play and therefore I pray let me have no more of that injustice Mr Atturney It is nothing concerning you let me give him satisfaction it is nothing concerning you Mr Lilburne L. Col Lilburne By your favour Mr Prideaux that is more then I do know but whether it be or not by the expresse Law of England it ought not to be therefoe I pray let me have no more of it Mr Broughton And further thou the said John Lilburne stands Indicted for that thou the aforesaid first day of October in the year of our Lord 1649. and divers daies and times as well before as after in London aforesaid and in the Parish and ward aforesaid didst maliciously advisedly and trayterously publish another false poysonous trayterous and scaudalous Book Intituled An out-cry of the Young-men and apprentices of London Or an inquisition after the lost fundamentall Laws and Liberties of England having these Trayterous and scandalous words amongst other things following that is to say we meaning the Young men and Apprentices of London considering what is before premised * Which words are in pag 11. are necessitated and compelled to do the utmost we can for our own preservations and for the preservation of the Land of our Nativity and never by popular Petitions addresse our selves to the men sitting at Westminster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for the time to come to hinder as much and as far as our poor despised interest will extend to all other whatsoever from subscribing or presenting any more popular Petitions to them and only now as our last Paper refuge mightily to cry out to each other our intollerable oppressions in Letters and Remonstrances signed in the behalfe and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatise but be able by the strength of God to lay down their very lives for the maintaining of that which they set their hands to And further that thou the aforesaid John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649 and divers other daies and times as well before as after not being an Officer or Souldier or member of the Army aforesaid at London aforesaid in the Parish and Ward aforesaid as a false Traytour did maliciously advisedly and Trayterously indeauour to stir up a dangerous mutinous Trayterous distemper Mutiny and Rebellion in the Army now under the Command of Thomas Lord Fairfax and didst indeavour to draw Thomas Lecoies Iohn Skinner and John Toppe from their obedience to their superiour officers