Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	scotland_n	18,184	5	9.4926	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88233	A plea at large, for John Lilburn gentleman, now a prisoner in Newgate. Penned for his use and benefit, by a faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England; and exposed to publick view, and the censure of the unbyassed and learned men in the laws of England, Aug. 6. 1653.	Faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England.; Lilburne, John, 1614?-1657.	1653 (1653)	Wing L2158; Thomason E710_3; ESTC R207176	34,122	24

them are fully confirmed by that commonly reputed able Lawyer Serjeant John Bradshaw late Lord President of the high Court of Justice against King Charles who in his large Speech to him and against him printed in the second Edition of his Tryal and sold by Peter Cole Francis Tyton and John Playford 1650. from p. 52. to 70. And amongst other passages in p. 55. he hath this That the end of having Kings or any other Governours it is for the enjoying of justice that is the end Now Sir saith he if so be the King will go contrary to that end or any other Governour will go contrary to the end of his Government he must understand that he is but an Officer in trust and he or they ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour And in p. 53. he tells the King That as the Law is his superiour so also he tells him there is something that is superiour to the Law and that is indeed the parent or author of the Law and that is the people of England for Sir as they are those that at the first as other Countries have done did chuse to themselves this form of Government even for Justice sake that justice might be administred that peace might be preserved so that Sir saith he to the King the people gave Laws to Governours according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the Publike the People had a power in them and reserved to themselves to alter them as they shall see cause Secondly such an Act of Parliament as the aforesaid Act of Banishment is not onely against common right common equity and common reason but it is absolutely destructive to the very ends of the peoples Trust conferred upon the Parliament and so the highest of treasons that can be committed And that it is destructive to the ends of the peoples Trust clearly appears by the Statutes of 4 Edw. 3. cap. 14 and 16 Edw. 3.10 which expresly saith that a Parliament at least shall be holden once every yeer and that for the maintenance of the peoples Laws and Liberties and the redress of divers mischiefs and grievances that daily happen And sutable to these things are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And sutable to this is the end of the Parliaments sitting as the present General and his Army in many of their remarkable Declarations have fully declared against the late 11 Members and their accomplices yea and forced the late Parliament to raze out of their books and Records many wicked and unjust things as they judged them to be after the Parliament had solemnly past them as Votes Orders Judgements and Acts yea and endeavoured very earnestly to hang divers of those as Traytors that had executed them as particularly Alderman Adams Alderman Langham Alderman Bunce with the Lord Maior Sir John Gayre and divers others But the greatest grievances and mischiefs in the world are by the aforesaid mischievous and unjust Banishing Act established ratified and confirmed for by it a man is condemned to lose his liberty and estate and the comforts of this life and that without any the least crime committed or accusation exhibited or legal Processes issued out to summon the party to make any defence in the world or ever calling or permitting him to speak one word for himself which is an Act or proceeding against the light and law of Nature Reason the Law of God against the law of Honour Conscience and common Honesty yea a dealing worse with the party then ever the cruel Jews did with Christ or then the bloody butchers Bishop Gardner and Bonner did with the rosted Martyrs in Queen Mary's days who always suffered them to have due processes of Law and to know and see their accusers and to have free liberty to speak for themselves and never condemned them but for transgressing a known and declared law in being Yea also dealing worse with the party then ever the bloody Gunpowder-Traytors were dealt with by King James who always allowed them fair tryals in law from the beginning to the end at the Bar of Justice for their lives Yea it is a worse dealing with the party then ever the Parliament themselves dealt with the bloodiest and most massacring Traytors that ever were in Arms against them to cut their throats Yea the forementioned practice of the foresaid most illegal and unrighteous Act of Banishment is an Act and proceedings in the highest subversion of the Fundamental Law and Liberty of England that can be invented or imagined and by consequence if it may without the highest offence or soloecism in Law be supposed that his Excellencie the Lord Gen. Cromwel Major-Gen Harison and the rest of the Members of the late Supreme Authority of the Parliament of the Commonwealth of England sitting at Westm had any real finger in it or were actors of it they may and ought all of them with all the rest under them that have executed any part of the aforesaid unjust injurious illegal Act of Parliament to be apprehended indicted and proceeded against at the Common Law as Traytors and subverters of the Fundamental Laws Liberties and Freedoms of the free-born people of England as that learned man in the Laws of England Sir Edward Cook in the second third and fourth Parts of his Institutes all three of which are published by two special Orders of the late House of Commons in anno 1641. for good Laws doth declare and prove was dealt with by Empson and Dudley in less cases then the fore-recited unjust act of Banishment and of which severe punishments those Arbitrary and discretionary Judges viz. Trisilian Fulthrop Belknap Care Holt Burge and Lockton in Richard the seconds time sufficiently tasted of as also their arbitrary Accomplices the then Lord Major of London Sir Simon Burley Sir William Ellinham Sir John Salisbury Sir Thomas Trevit Sir James Barnis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgements in subversion of the peoples fundamental Law and Liberties in advancing the Kings will above the same yea one of them was banished therefore although he had a Dagger held unto his very brest to compel him to set his hand thereto But the two first mentioned persons cases being the most remarkable the prisoner at the Bar shall only at present inlarge upon theirs Which Case of Empson and Dudley was thus At the Parliament holden by King Lords and Commons in Henry the sevenths time who was an undoubted lawful king of England and by his marriage of his wife the Lady Elizabeth heir apparent to the House of York as himself was to the house of Lancaster had united the two claimes of Lancaster and York in himself and in a pitcht battel had slaine King Richard

the bottom of the whole illegal proceedings aga●nst him will eviden●ly appear 2. The prisoner at the bar's tran●gression at most is but a supposed or a real scandal of one Member of Parliament viz. Sir Arthur Haslerig in which at most he was but of Counsel for Mr. Pr●mate upon a Petitionary Appeal which Primate at the open Bar of the Parliament freed John Lilburne the now prisoner at the Bar from drawing his said Petition at which the Parliament took the offence and at whose Bar he avowedly layd the draw●ng of it upon another and yet the prisoner at the Bar must be thought worthy to be banished and robbed by Sir Arthur Hazlerig of all his estate that at the most was but an accessary to a scandal and Primate the principal that owned the Petition for his and justified the printing of it by his own order hath no such punishment at all inflicted upon him n● nor yet his Coun●el that he avowed drew it But the crime of the said Oliver Cromwel Lord General and Major-Gen Harison in forcibly d●ssolving the Parliament is not onely a scandalizing of one Member of Parliament but of all the Members thereof as a pack of Rogues and traytors to their trust and thereby fit for nothing but to be knockt on the head by the enraged people where-ever they meet them and as unsavoury salt that is good for nothing but to be pluckt our by the ears and pluckt up by the roots and thrown to the dunghil 3. The Parliaments Laws were either good and just or they were not If good and just why were they that made them pluckt up by the roots and dissolved without their free consents and that by their hired servants that had no power either in Law or from the people so to do and upon whom out of the peoples moneys they have bestowed many thousand pounds gratuities If they were wicked and unjust why is the basest and vilest of them endeavoured to be executed upon the prisoner at the Bar for supposed Felony and that principally by the means of those that both by the letter and equity of the said Parliaments Laws are guilty of highest of treasons in dissolving the Parliament by force of Arms without their own free consents and who have been and yet are the only principal prosecutors of me the prisoner at the Bar for his life for returning into the land of his Nativity against the Fundamental Laws Liberties which in all his days he never committed the least transgression after he was forced by reason of Sir Arthur Hazlerig's robbing him of all his estate for divers months together to borrow all the money that bought him bread and after he had continued about a yeer a half in constant danger of his life of being murdered beyond the Seas by the hands of the mad or ranting Cavaliers by the cunning artifice and designes of the pensioned Agents of some of the principallest of those that most in Parliament studied his Banishment yet in which Act that they pretend to banish one Lieut. Col. John Lilburn by there is no crime of Law at all in Law layd unto the sayd Lieut. Col. John Lilburn's charge generals being no crimes in law nor signifie nothing as fully appears by the Lord Cook 's second part of his Institutes fol. 52 315 318 590 591 615 616. and third part fol. 12 13 14. and fourth part fol. 39 333 334. as appears by the Act it self which thus verbatim followeth An Act for the execution of a Judgement given in Parliament against Lieut. Col. JOHN LILBVRNE WHereas upon the fifteenth day of January in the yeer of our Lord One thousand six hundred fifty one Judgement was given in Parliament against the said Lieut. Col. John Lilburn for high Crimes and Misdemeanours by him committed relating to a false malicious and scandalous Petition heretofore presented to the Parliament by one Josiah Primate of London Leather seller as by the due proceedings had upon the said Petition and the Judgement thereupon given at large appeareth Be it therefore Enacted by this present Parliament and by the authority of the same That the Fine of three thousand pounds imposed upon the said John Lilburn to the use of the Commonwealth by the Judgement aforesaid shall be forthwith levied by due Proces of Law to the use of the commonwealth accordingly And be it further enacted That the sum of two thousand pounds imposed by the said Judgement upon the said John Lilburn to be paid to James Russel Edw. Winslow William Molins and Arthur Squib in the said Judgement named that is to say to each of them five hundred pounds for their damages shall be forthwith paid accordingly And that the said Sir Arthur Hazlerig James Russel Edw. Winslow William Molins and Arthur Squib their Executors and Administrators shall have the like remedy and proceedings at Law respectively against the said John Lilburn his Heirs Executors Administrators and Assignes for the recovery of the said respective sums so given to them by the said Judgment as if the said respective sums had been due by several Recognizances in the nature of a Statute-staple acknowledged unto them severally by the said John Lilburn upon the said 15 day of January 1651. And be it likewise enacted by the authority aforesaid that the said John Lilburn shall within twenty days to be accounted from the said fifteenth day of January 1651. depart out of England Scotland Ireland and the Islands Territories or Dominions thereof And in case the said John Lilburn at any time after the expiration of the said twenty days to be accounted as aforesaid shall be found or shall be remaining within England Scotland Ireland or within any of the Islands Territories or Dominions thereof the said John Lilburn shall be and is hereby adjudged a Felon and shall be executed as a Felon without benefit of Clergie And it is lastly enacted by the Authority aforesaid 〈◊〉 all and 〈…〉 and persons who shall after the expiration of the said twenty days accordingly relieve harbour or conceal the said John Lilburn he being in England Scotland or Ireland or any of the Territories Islands or Dominions thereof shall be hereby adjudged accessary of Felony after the fact And all Judges Justices Maiors Bayliffs Sheriffs and all other Officers as well Military as Civil in their respective places are hereby required to be aiding and assist●ng in apprehending the said John Lilburn 1651. Ordered by the Parliament That this Act be forthwith printed and published Hen. Scobel Cleric Parliamenti Fourthly the prisoner at the Bar's return into England tends not in the least to the disturbance of the publike peace quietness or tranquillity of the Nation nor to the destruction and overthrow of all the Peoples Fundamental liberties and freedoms and therefore no reasons at all can be drawn from publike utility or profit to try me John Lilburn now prisoner at the bar for his life as a Felon upon the unjust letter of a void

might not be question for any thing he advised according to his conscience But saith Mr. Pym p. 11. he that will have the priviledges of a Counsel must keep within the just bounds of a Counsellor those matters are the proper subjects of counsel wihch in their times and occasions may be good or beneficial to the King or Commonwealth But such Teasons as these the subversion of the Laws violation of liberties they can never be good or justifiable by any circumstances or occasions and therefore saith he his being a Counsellor maketh his fault much more hainous as being committed against a great trust and in page 12. he answers another excuse of his which was that what he did he did with a good intention It s true saith Mr. Pym Some matters that are hurtful and dangerous may he accompanied with such circumstances as may make it appear useful and convenient and in all such cases good intentions will justtifie evil counsel but where the matters prepounded are evil in their own nature such as the matters are with which the Earl of Strafford is charged viz. to break a publick saith to subvert laws and Government they can never be justified by any intentions how specious or good soever they pretended see in Mr. Steels answer to Duke Hambletons objection in the like case in his case stated pag. 12. 13. 14. The prisoner at the Bar shall close all at present with this plea viz. that although by the said unjust Act of Banishment the Act it self doth authorize all Judges Maiors Sheriffs Bayliffs and all other Officers as well Military as Civil in their respective places to be aiding and assisting in apprehending viz. the said banished Lieut. Col. John Lilburn yet it authorizeth none of them in the least to arraign try condemn and execute the said John Lilburn mentioned in the said Act and therefore by reason of the insufficiencie of the said Act in that very particular although John Lilburn Gent. now prisoner at the bar were that Lieut. Col. John Lilburn mentioned in the said Act of Banishment as with confidence for the just and legal reasons at the beginning of this Plea mentioned he doth a vow he is not yet in regard the Parliament is dissolved that made the said Act which in reason by reason of the said insufficiency of the said Act cannot otherwise be supposed but as they past the Act of Banishment themselves against the John Lilburn therein mentioned and meant so they resolve to o reserve onely to themselves the final judging and condemning of him which cannot be now without their sitting again And that in special and extraordinary acts of Parliament as the aforesaid Act of Banishment is there ought in law to be plain evident and full words especially when it doth concern life to demonstrate and express who shall finally put the said Acts in execution And that this is Law the same Parliament that made the foresaid Act of Banishment doth in several Acts since fully justifie this the prisoner at the Bar's averment of several of their Acts of Parliament as particularly that of Aug. 2. 1650. intituled An Act to prohibit all commerce and traffique between England and Scotland and enjoyn the departure of the Scots ou● of this Commonwealth In the Preamble or beginning of which the mischievous designes of the Scotish nation are declared and their compelling of England to make war upon them In the body of which Act it is declared for the raking off as the Act saith all pretence of ignorance and enacted That all and every person or persons within this Commonwealth of England or the Dominions thereof that shall from and after the 5 of August 1641 use hold or maintain any correspondency or intelligence with any person or persons of the Scotish nation c. or shall abet assist countenance or encourage the said Scotish nation or any other per●on or persons adhering to them in their war against the Parliament and Commonwealth of England or shall go o● send or cause to be sent or conveyed any men mon●ys horse arms ammunition or other fu●niture of war plate goods or merchandise or other supply whatsoever in●o Scotland or any ports or places thereof c. all and every such person or persons so offending without such license as is therein mentioned shall be adjudged as Traytors to this Commonwealth and shall undergo all the pains penalties and forfeitures as in case of high-tr●ason And although the Scots were at present as great enemies to the Parliament as the Parl. could imagine any persons in the world could be and the offences aforementioned of any of them against this nation as criminous and the time as arbitrary a time being a time of war as could be imagined yet the Parliament would be so just even to strangers and aliens and people or a forraign nation as not to leave them arbitrary for their transgressions to be punished by whom were pleased first to lay hold of it but in ample and plain words fixeth upon the persons that are to do it or execute it therefore the Act expresly saith The same offences shall be enquired of tryed judged and determined by the Commissioners for the high Court of Justice lately established in such manner and form as other offences already reserved to the power and cognizance of that Court are to be hdard and determined And in the second part of the Act the makers of it come to declare it treason for any person or persons of the Scotish nation without such license as is therein mentioned to be found within the Lines of Communication after Aug. 10. 1631. And in the third place the matter of the said Act makes it high treason for any person or persons of the Scotish nation without license as is therein mentioned to stay within the limits of the Commonwealth after Sept. 1. 1651. Yet the prisoner at the bar as he saith before doth now avow that the said Parl. that made the said Act would be so just men unto strangers and aliens and people of a forraign nation as not to leave them arbitrary for their transgressions to be punished by whom were pleased first to lay hold on them but in ample and plain words fixeth upon the persons that are to do it or execute it and therefore the Act again expresly saith That the said offences and treasons shall be proceeded against by the said Commissioners of the high Court of Justice who are required to give Judgement and Sentence of death against offenders And every person and persons so found guilty of the said offences shall suffer the pains of death as traytors and enemies in such manner as the said Commissioners shall adjudge and appoint And the same ample and full words as in that special Act for suppressing of Incest Adultery c. which by plain and evident words doth refer the punishment of the offenders therein named to the next Assizes or Goal-delivery to be held for the said County where the fact is committed And the very self-same particular words are in the Act intituled An Act against several atheistical blasphemous and execrable Opinions derogatory to the honour of God and destructive to humane society to refer the punishment of all the transgressors thereof at common law before the Justices of Assize or Goal-delivery as by the Acts themselves doth more fully appear unto which the prisoner at the bar for more safety referreth himself And lastly the prisoner at the bar for his final plea saith That Lieut. Col. John Lilburn indicted in the said Indictment now read is none of the prisoner at the bar's name and so he is not the party mentioned in the said Indictment now read All which premises he is ready to prove for good Law and therefore humbly prays the judgement of the Court before he put himself upon any further Tryal July 13. 1653. John Lilburn Gentleman