Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	parliament_n	say_a	3,919	5	6.9664	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94846	The tryall, of L. Col. Iohn Lilburn at the Sessions House in the Old-Baily, on Fryday, and Saturday, being the 19th and 20th of this instant August. With Lieutenant Collonel Iohn Lilburns speech to the jury before they went together to agree upon their verdict, and the reply of the counsel of the common-wealth thereunto. Together, with the verdict of not guilty brought in by the said jury.	Lilburne, John, 1614?-1657.	1653 (1653)	Wing T2195; Thomason E711_9; ESTC R207123	3,414	8

THE TRYALL OF L. Col. Iohn Lilburn AT The Sessions House in the Old-Baily on Fryday and Saturday being the 19th and 20th of this instant AUGUST WITH Lieutenant Collonel Iohn Lilburns Speech to the Jury before they went together to agree upon their Verdict and the Reply of the Counsel of the Common-wealth thereunto TOGETHER With the Verdict of NOT GVILTY brought in by the said Jury LONDON Printed for D. B. 1653. The last TRYALL OF Lieutenant Collonel Iohn Lilburn At the Sessions House in the Old-Baily on Fryday and Saturday being the 19 and 20 of this instant August FRiday the 19 of August Lievt Col. Iohn Lilburn appeared again at the Sessions in the Old-Bayly where my Lord Mayor Mr. Recorder and the rest of the Bench being set and Proclamation made a Memher of the Court began to speak saying Mr. Lilburn we are now met again about this businesse which hath been so long and tedious and intending that this shall be the last day desire to hear what you will say to the indictment Guilty or not Guilty Lilburn May it please your Lordship and this Honourable Bench I have advised with my Councel and have formerly brought in my Exceptions 1 Shewing the unlawfulness of that Act of Parliament 2 That Mr. Primat named in the Act was the principal and yet was not prosecuted 3 That the Act runs Lievt Col. Iohn Lilburn the indictment runs Iohn Lilburn Gent. My Lord I have ever been an honourer of the Law ever since I knew what Law was and I have spent a great deal of pains and study in the Law to find out every tittle thereof and I find the ancient Laws of this Land to be very just and mercifull and if I were sure to be tried by the equity and legallity of the Law I cared not whether I had an hour to live or not and if I could have but one argument of Law for my life I would willingly submit but I cannot find one Line of Law concerning me in all this Act and Indictment Mr. Recorder Mr. Lilburn here is no man desires to take away your Life without the just grounds of Law c. There hath been a great deal of time spent Mr. Lilburn in this businesse and if we had not been tender of your life we should not have spent so much time about it therefore Mr. Lilburn this being the day that we have set apart for this business we desire you to plead to the indictment Guilty or not guilty Lilburn Mr. Recorder I was never convicted of any crime and therefore I think by the Law I am not to answer to this indictment I was never any Felon or ever committed any felony I have never robbed any one or ravished any woman c. Mr. Recorder That is not the thing you are tried for Mr. Lilburn but you are to answer to the Act of Parliament Lilburn May it please you my Lord and this honourable Bench I have brought in my Exceptions concerning the Act and pleaded them before you The Court replied These are the same you brought in before you plead this onely to delay time Lilburn My Lord I beseech you let them be perused and entred upon record my Lord I have read over the copy of those pieces of paper which was produced against me and these are the objections which I put in against them Mr. Recorder Mr. Lilburn if you will not plead to the indictment we must proceed according to Law Lilburn I beseech you my Lord let me hear the indictment read Then the indictment was read Lilburn My Lord this indictment hath not every particular of the Act but some part is left out c. whereas that which is to try a man for his life ought to have every particular clause of the Act upon which the party is to be tried if you proceed to matter of life Mr. Recorder Mr. Lilburn will you be tried by a Jury or not if not we must proceed otherwise Lilburn Mr. Recorder I have not much more to say for I have done what I can in defence of my life by Law and I shall desire this honourable Bench to give me liberty till to morrow either in the forenoon or afternoon which this honourable Bench pleaseth that I may solace my self with my God and deliver up my spirit unto him and my life into the hands of the Jury and they that shall take away my life without Law my bloud will be required at their hands My Lord and this honourable Bench I beseech you my Lord if it may not be granted that I may have Oyer of the judgement that I may have Oyer of the Act my Lord and Gent. all you have lives and far greater estates then I have to lose I pray God it may never be your own cases Then Proclamation was made that the Jury should appear again to morrow about ten of the clock to go upon the tryal of Mr. Lilburn c. Saturday about twelve of the clock the Court fare again and when Mr. Lilburn first came to the B●r be briefly insisted upon divers things which he had in part urged the day before shewing that there was no reason rendred in the Act why Lievt Col. John Lilburn should be hanged saying that the Law was grounded upon reason and where there was no reason there was no Law c. After this a Jury was impannelled to passe upon him he excepting not against above one or two of all that were called Then Mr. Lilburn began and made a Speech and Oration for several hours and therefore you must not expect to have every particular inserted within the narrow compasse of one sheet yet in regard the tryal hath been so remarkable that every one thirsteth to know what was said and what was afterwards the result of all I shall in this place communicate unto you the sum of what Mr. Lilburn now said The substance of Lievt Col. John Lilburns Speech and Oration to the honourable Bench and the Iury on Saturday the 20 of August 1653. My Lord THe Act is Lievt Col. Iohn Lilburn and the indictment is Iohn Lilburn Gent. and if that I that stand now at the Bar be the same person intended in the Act then should the indictment agree with the very words of the Act otherwise it is a good Exception in the eie of the Law for if a man be indicted or sued by the title of a Knight onely and he is a Knight and Baronet it hath been allowed for a good exception Again my Lord by the Law a man cannot be adjudged c. but he ought to be first summoned in and convicted of the crime but I committed not any crime neither was summoned in or convented before the Parliament that made this Act against Lievt Col. Iohn Lilburn and the very same day that this Act past in the house I was at Dover and was never judicially served with the said act as I ought to have been neither in England Holland or Flanders therefore I went not out of England because of the Act but as a freeborn English man that might lawfully travell to any place about his occasions In the 19 chap. of Magna Charta ●t is said that no man shal be arrested imprisoned c. but the caule shal be shewed and 16 E. 3. sets the bounds of the Law whatsoever is otherwise ought not to be accounted law My Lord Magna Charta hath been confirmed by all the Parliaments of England ever since and when the breach of priviledge was made upon the 5 Members the Parliament declared it to be against Magna Charta and the Petition of Right and if it were but 6 of the clock in the morning I could till 10 of the clock at night hold it forth by Law that the Act the Indictment and all against me is insufficient That Statute of E. 3. saith that the whole matter of crime ought to be inquired after now where is my crime what hath John Lilburn done that he should be hanged therefore you Gent. of the Jury take heed how you take away the life of John Lilburn because it was Resolved or Enacted so you know that Herod Resolved that all the male children should be destroyed but the good Midwives Resolved to preserve them and God blessed the Midwives I say God blessed the good Midwives for it I hope you worthy Gent. will be as the good Midwives to me though it was Resolved that I should die yet you will Resolve that I shal live and God will prosper you therefore you are the men which at this time have my life in your hands if you say John Lilburn shall die I must die if you say John Lilburn shall live I shall live O take heed that you have not the bloud of John Lilburn to answer for when you shall appear and crave for mercy your selves before the great Tribunal lest then it shal be said you shewed no mercy to John Lilburn and what mercy do you now think to find for your selves c. I pray God that his holy spirit may go along with you and guide you Amen Amen After this the Counsel for the Common-wealth spake very full to shew as it had been proved that the Act was formally ingrossed in Parchment and made by a lawfull power Then the Jury went together and although it were very late brought in their verdict upon the indictment Not guilty of any Crime worthy of death Mr. Lilburn then pleaded for his present inlargement but in regard he was apprehended at first by warrant from above he cannot be discharged but by the same authority FINIS