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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

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a faire hearing before the Generall and a Counsell of Warre and that justice might be done according to the rules of Warre and Mr. Archer and others of the Committee of Lincolne drew up a very hainous charge against King and laboured hard for a triall and in the third place the Major Aldermen and towne Clerke of Boston came to Lincolne with their Articles against him which were home enough and to my knowledge pressed Leu. Gen. Crumwell to use all his interest in my Lord that they might be admitted to make them good before him and a Counsell of warre but we could not all prevaile the reason of which I am not able to render vnlesse it were that his two Chaplains Lee and Garter prevailed with the Earles two Chaplains Mr. Ash and Good to cast a cleargy mist over their Lords eyes that he should not be able to see any deformity in Colonell King but this I dare confidently say if there we had had but faire play and justice impartially King had as surely dyed as ever malifactor in England did and to use the words once againe of his owne bosome friend and Counseller Mr. Prinne in page the 6 of the fore cited book if the late Baron of Graystock who was a Lord and one of the Peares of the Realme and had taken upon him safely to keep to the a foresaid Grandfather King of England the towne of Berwick The said Barron perceiving afterward that the said Grandfather addressed himselfe to ride into France the said Barron without command of the said Granfather committed the said towne of Barwick to a valiant Esquire Robert Deogle as Leiu to the said Barron for to keep safe the towne of Barwick to the said Grandfather and the said Barron went as an horse-man to the said parts of France to the said Grandfather and there remained in his company During which time an assault of warre was made upon the said Towne of Barwick by the said Scots and the said Robert as Leiu to the said Barron valiantly defended the same and at last by such forceable assaultes the said Towne was taken upon the said Robert and two of the sonnes of the said Robert there slaine in the defence of the same notwithstanding that the said Barron himselfe had taken upon him the safeguard of the said Towne to the said Grandfather and depart●d himselfe without command of the said Grandfather and the said towne of Barwick lost in the absence of the Barron he being in the company of the said Grandfather in the parts of France as aforesaid It was adjudged in Parliament before his Peares that the said Towne was lost in default of the said Barron and for this cause he had judgment of life and member and that he should forfeit all that he had I say if this Lord deserved to dye who left a Deputy so manfully to defend the Towne and also was himselfe with the King in the service much more King meerly in reference to Crowland singly who being Governer thereof and having placed Captaine Cony therein as his Deputy with a company of men sent for him in a bravado humour to Newwarke when he had no urgent necessity for him unlesse it were that the world might see the bravery of his Regiment w th by his agumentation amounted to about 1400 when Cap. Cony certified him that the Towne being generally Malignant c would be in great danger by the Beverkers of being lost if he should come away yet notwithstanding King sent to him againe and did command him away and put in a guard of slander and unsafe men which presaged alosse of it to the Committee residing in Holland upon which they acquainted Com●●ssary Gennerall Ireton then Deputy Governour of the I le of Ely and ernestly intreated him to send a strong guard to preserue and keep it and he accordingly sent as I remember Captaine Vnderwood astout man with about a 100 souldiers c. of which when King heard he was exceding mad and did write a most imperious bitter letter to command them out of his Jurisdiction where upon they were nec●ssi●ated to dep●rt and leave Crowland to his owne slender and treacherous guard by meanes of which within a little while after the Enemy had advantage to supprise that Towne without oposition or difficulty and did it so that to speake in the words of the Articles remaining in Parliament against him he betrayed that Towne which was not regained without much hazzord and losse the expence of a great deal of treasure and many mens lives the blood of all which he● upon his head for the losse of which alone besides his treachery both to the state universall and representative he ought to dye without mercy by the Morall and undispensable Law of God made long before that ever the Jewes were a Nation or had any Ceremoniall Law given unto them which Law is expressed in Gen 9 5 6. where God speaking to Noah and his sons saith thus And surely your blood of your lives will I require at the hand of every beast will I require it and at the hand of man at the hand of every mans brother will I require the life of man Who so sheddeth mans blood by man shall his blood be shed for in the Image of God made he man reade Revel 13.10 But King though his owne hands did not murder the souldiers that lost their lives in taking it in againe yet he was the true fountaine and cause wherefore their blood was shed Deut. 22.8 Judg 9.24 2 Sam. 12.9 having apparently by his wilfulnesse and treachery lost the Towne and therefore wilfull blood being upon his heat he ought to make a legall satisfaction and expiation by his owne blood I wish with all my soule the Parliament your Lordship and all the rest of the Judges of this Kingdome would seriously consider and ponder upon this unrepealable law of God that so wilfull murderers and blood-thirsty men might not escape the hands of Justice and so bring wrath from God upon the whole Kingdome Gen. 4.10 11 12. Deut. 19.10 Psal 106.38 Jer. 7.5 6. and 19. ● 4 Lament 4 13 14. Hosea 4.2 3 Joel 3.19 Heb. 2.8 which cannot be expiated but by the blood of him that shed it Numb 35.33 Deut. 19 12 13. 2 Sam. 4 11 12 1 King 2 5.6.3● 32 33. and 21 19. and 2 King 9.7 8 9 10 36.33 and Chap. 24. 2 3 4. but especially that you would thinke upon the grand Murtherer of England for by this impartiall Law of God there is no exemption of Kings Princes Dukes Earles Barons Judges or Gentlemen more then of Fisher-men Coblers Tinkers and Chimney sweepers upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome c. lyes for which reckoning I am sure the score is not acquitted in the account of God nor ought it not to be in the account of man For if the innocent and righteous blood of one Abel
and all charges upon the Lands all Bonds and Contracts of any vall●● for saith he it is a hard matter to find out all Recognizances Iudgements extents and other charges and too chargeable for the Subject that for 12 d. or some such small matter might know in whom he interest of Land remaines and what incumbrances lye upon it and every estate or charge not entred there to be void in Law and that the country have●h chusing of the Registers in their respective Counties once a yeare upon a fixed day and tha they have plain-rules and limitations made by the authority of Parliament and severe penalties inacted for the transgressing them My Lord I hope you will not be offended at me for my plainesse especially if you consider the necessities laid upon me for I professe really I am not able to imagine any other remedy for my preservation but this having had my Petition about this businesse above a month in divers of my friends hands in the House of Commons but cannot get it read And having contested this 7. yeares with all sorts and kind of persons that would destroy me and having often been in the field amongst Ballets and Swords to maintain the Common Liberties and Freedomes of England against all the traytorly oppugners thereof and having by the goodnesse of my God escaped many dangers and deaths and being in my own apprehension ready to be ruinated and destroyed by a weapon Inferior to a T●ylors Bodkin namely a Formallity or Puntillo in the Law it hath rouzed up my spirits to charge it with a Souldiers pure resolution in a new and unwonted manner being necessitated to cast all care behind me and say unto myselfe that as hitherto I have not lived by any mans favour and grace so for my own safety I will now be affraid of no mans indignation or displeasure cost what it will and if J perish I per●sh 2. If your Lordship or any other great man be moved with choller or indignation against me as I desire you may not and shall endeavour to doe me a mischiefe for this my plain dealing I hope I shall be kept out of danger by the authority of the Parliaments own Declarations but especially by those words of theirs in their exhortation to men to take their Covenant which are thus And as for those Cleargy men who pretend that they above all others can not Covenant to extirpate Episcopall Government because they have as they say taken a solemne oath to obey the B●shops in licitis honestis they can tell and if they please that they that have sworn obedience to the Lawes of the Land are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes when they prove inconvenient or mischievous c. And I am confident that if J fall into the hands of those that made the Covenant who are the fittest interpreters of it I shall doe well enough But from the Sect of the Adamites that would have no man live in England that are honester then themselves and from the late London Remonstrators that would have all men disfranchized although never so honest that are not of their minds and Judgements and who doe and would rob the representative body of all the Commons of England of their Legislative power and from the Executors of strange and unknown Lawes which destroy and undoe men though never so upright by formallities and puntillo's good Lord deliver Your Lordships Servant and a true bred Englishman JOHN LILBVRNE From my House in Halfe-Moon Alley in p●tty-P●tty-France near Bishops Gate Lond. Iune 6th 1646. The forementioned Petition thus followes To the Right Honourable the Representative Body of the Commons OF ENGLAND In PARLIAMENT assembled The humble Petition of Lievt Col. IOHN LILBVRNE Sheweth THat upon the differences betwixt the King and Parliament the Commons of England for the defence and preservation of their Lawes and just Liberties by authority of Parliament were necessitated to take up Armes for the suppression of the Forces raysed by the King In this Warre against the Parliament the Forces raysed in the Eastern Association were committed and entrusted under the command of the Earle of Manchester as Major Generall there from whom your Petitioner had a Commission to be Major to Col. King and particular instructions and private directions from Lievt Gen. Crumwel to take and give unto them or one of them upon all occasions Information and Intelligence of the State and condicion of Lincoln-Shire under the command of the said Colonel King and of the cariage and behaviour of the said Col. King towards the Country and Souldiery and how he discharged his place and trust Which your Petitioner with all faithfulnesse and diligence did accordingly to his extraordinary expences not neglecting any advantage or oportunity which might further the publicke service or discover the designes of the Enemy or the said Col. Kings miscariage and neglect of his trust and duty the said Col. King taking upon him an unlimited and unwarrantable power destructive to the trust reposed in him Tha● upon your Ptitioners discovery and making known both unto the Earl L. Gen. Crumwel according to his instructions and trust reposed in him the malignancy insolencies and unfaithfulnesse of the said Col. King to the State in the neglect of his charge his bad usage of the Country to the great dis-service of the Parliament and danger of the losse of the whole Country Crowland being by him betraid unto the Enemy and was not regained without great charge and hazard yea and the losse of many mens lives the said Col King was thereupon discharged and put out of all his commands and offices being then very many and profitable but was not brought to tryall for his said offences at a Councell of Warre which your Petitioner and others much endeavoured to have done Whereupon Mr. Mussenden Mr. Wolley divers others Gentlemen of quallity of the Committe of Lincoln in August 1644. exhibited to this Honourable House severall Articles since printed a Coppy whereof is hereunto annexed against the said Col. King thereby chargeing him with severall Treasons Insolencies setting up and exercising an Arbitrary exorbitant and unlimited power over the Country and Souldiery with many other insolencies and soule misdemeanors all which are yet depending before this honourable House and not yet determined being some of them for or concerning the losse and surrender of Townes to the Enemie through his treachery or negligence and so the offence Capitall and properly examinable and onely tryable in Parliament as appeares Rot. Parl. 1. Rich. 2. Nu. 38.39.40 Rot. Parl. 7. Rich. 2. Num. 17.22 Now the said Col. King being privie to his owne guiltinesse and well knowing your Petitioner to be a principall witnesse for the proofe of divers of the said Articles out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint untrue surmises made by him to this Honourable House in Iuly
cry'd so loud for vengean●e in the eares of God against Cain that God cursed him and all he went about How much more will the blood of thousands and ten thousands of innocent persons that hath been lately shed in England cry loud in the cares of God for wrath and vengeance against those that have been the true fountaine and cause of it for shal it is and upon some body the guilt of it lyes and therefore it is but a folly and madnesse for the King Parliament or People to talke of peace till inquisition be made for Englands innocent blood and Justice done upon the guilty and wilfull sh●ders of it for besides the Law of God in Gen. 9 he saith plainly Numb 35.31 That there shall no satisfaction be taken for the life of a murtherer but that he shall surely be put to death and in vers 33. God declares that the shedding innocent blood defileth and polluteth a Land and that that cannot be clensed of the blood that is shed therein but by the blood of him that shed it and for the innocent blood that Manasseth shed in Jerusalem although a King God sent bands of the Caldeans Syrians Moabites and Ammonites to destroy Judah and remove them out of his sight for the sinnes of Manass●h their King and for the innocent blood that he had shed which the text saith The Lord would not pardon 2 King 24.2 3 4. Yea and because Saul though a King slew some of the Gahonites contrary to the Covenant made with them God sent a famine upon all Israel for three yeares for that very innocent blood shed by the King and there was no expiation or satisfaction to be made therefore but by the blood of him that had shed it and therefore because he himselfe was dead and his blood could not be had seven of his sons of his owne blood must and was hanged up to make satisfactions therefore Sam. 2.21.1 2 3 4. to the 9. My Lord the unsufferable provocation of Colonell King forceth me to present these lines unto you and I doubt not but these will tend to his long deserved ruine and therefore to speake in the words of his friend Mr. Prinne in a case of the like nature It is the just hand of God many times so farre to demen●ate the very wisest polititians as to make themselves the principall contrivers of their owne infamy and ruine for his Knavery lying in a hole as it were now he hath by his arresting mee and bringing me before your Lordship who I conceive have nothing to do with the businesse being it is dependant in Parliament the supream Court of the Kindome necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world because at your Barre I cannot make a plea at large to the whole body of the Articles but must be tyed up as I am told to a single plea that is to say to plead either guilty or not guilty unto which I cannot without snares yeeld unto besides I must as I am told plead at your Barre by Serjeants at Law none of which I know and therefore will not trust them come ruine and destruction and what ever will of me Againe my Lord I must there be tryed by a Jury that neither knowes mee nor I them nor knowes any of Kings habituated knavery nor understands any thing of Martiall Law the only rule to try him and me in this case and that which is worst of all they are chosen as I am told by the under Sheriff of which kind of creatures I ne●er heard any great commendation for their honesty but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes as my Adversary King the Lawyer is Againe my Lord that which is the greatest mischiefe of all and the oppressing bondage of England ever since the Norman yoke is this I must be tryed before you by a Law called the Common Law that I know not nor I thinke no man else neither do I know where to find it or reade it and how I can in such a case be punished by it I know not For my Lord I have been with divers Lawyers about this very businesse I cannot find two of them of one mind or that can plainly describe unto mee what is the way of your goings so that I professe I am in the darke amongst briers and thornes and fast in a trap by the heeles and enemies round about me ready to destroy me if I be not very wary with my tongue and which way to get out or how or to whom to call to for help I know not for such an unfathomable gulfe have I by a little search found the Law practises in Westminster Hall to be that seriously I thinke there is neither end nor bottom of them so many uncertainties formalities puntillo's and that which is worse all the entryes and proceedings in Latine a language I understand not nor one of a thousand of my native Country men so that my Lord when J read the Scripture and the House of Commons late unparaleld Declaration it makes me thinke that the practizes in the Courts at Westminster flow not from God nor his Law nor the law of Nature and reason no nor yet from the understanding of any righteous just or honest men but from the Devill and the will of Tyrants First my Lord the House of Commons declaration April 17. 1646 tels me that their intentions are not to change the ancient frame of Government within this Kingdome but to obtaine the end of the Primitive institution of all Government the safty and weale of the people amost goulden saying but I am sure it cannot be for the peoples safety nor welfare to have their lives liberties and estates Judged by a law● the entrings and proceedings of which are in Latine and so without there understanding there cases in Heathen Greeke of Pedlers French and so beyond their knowledg and man of their rules in the orracles of Judges breasts whose judments many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgment in shipmoney c. neiteer are such practizes agreeable to the Ancient constitutions of Kingdoms And secondly when God gives his law unto the sonnes of men he doth it plainly without ambiguous termes and in their owne language as first for Adam the law God gaue him was plaine and short with a declared penalty annexed unto it Gen. 2.16.17 And the Lord God commanded the man saying of every tree of the Garden thou mayest freely eate But of the tree of the knowledge of good and evil thou shalt not eat of it for in the day thou eatest thereof thou shalt surely die And his law in the 9. of Gen. about murther is as plaine as this for who so sheadeth mans blood saith he by man shall his blood be shed for in the