Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	son_n	15,163	5	5.5952	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

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

Bishops Gate London June 6. 1646. Your Lordships Servant and a true bred Englishman John Lilburne The forementioned Petition thus followes To the Right Honourable the Representive Body of the Commons of England Jn Parliament assembled The humble Petition of Liev. Col. Iohn Lilburne Sheweth THat upon the difference 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 jorces raised by the King In this warre against the Parliament the Forces raised in the Easterne Associtation were committed and intrusted under the command of the Earle of Manchester * Who was since impeached of Treason by L. G. C. for being false to his trust and had undoubtedly lost his head therefore if L. G. C. had followed it as he should 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. Cromwel to take and give unto them or one of them upon all occasions information and intelligence of the state and condition of Lincolnshire under the command of the said Col King and of the carriage and behaviour of the said Col. King towards the Country and Solderie and how he discharged his place and trust Which your petitioner with all faithfullnesse and diligence did accordingly to his extraordinary expences not neglecting any advantage or opportunity which might further the publique service or discover the designes of the enemy or the said Col. Kings miscarriage and neglect of his trust and duty the said Col King taking upon him an unlimitted and unwarantable power destructive to the trust reposed in him That upon your Petitioners discoverie and making known both unto the Exarle and Liev. Gen Cromwell according to his instrustion and trust reposed in him the malignancy insolencies and unfaithfullnesse of the said Col. King to the Sate in the neglect of his charge and his bad usage of the Country to the great dis●service of the Parliament and danger of the losse losse of the whole country Crowland being by him betrayed unto the enemie and was not regained without great charge and hazzard yea and the losse of many mens lives the said Col. King was there upon discharged and put out of all his commands and offices being then very many * Viz. Col. of Horse C. of Dragoons C. of Foot Governour of Boston and the parts of Holland governour of the City of Lincolne and the county thereof Besides he had a power in himselfe to levie money which hee did at his pleasure and disposed of it at his pleasure to whom he pleased 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 and divers others Gentlemen of quallity of the Committee of Lincolne in August 1644. exhibited to this Honourable House severall Articles since printed a Coppy whereof is hereunto annexed against the said Col. King thereby charging him with severall Treasons Insolencies setting up and exercising an Arbitrary exorbitant and unlimitted power over the country and Souldiery with many other insolencies and foule 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 Towns to the enemie through his treacherie or negligence and so the offence Capitall and properly examinable and only tryable in Parliament as appeares Rot. Parl. 1. Rich. 2. Num. 38 39.40 Rot. Parl. 7. Rich. 2. Numb 17.22 Now the said Col. King being privie to his own guiltinesse and well knowing your Petitioner to be a principall witnesse for the proof of divers of the said Articles out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint and untrue surmises made by him to this Honourable House in Iuly last procured your petitioner by Vote of this House to be committed to the custody of the Serjant at arms attending this honourable hous * Se before Pag. 5. your Petitioner being thence removed to Newgate but he nor any other never prosecuted any charge against him and after he had laid about 13. weekes there he was discharged of his imprisonment by order of thio●●se * See my printed Letter of the 25. Iuly 1645. and Innocency and truth justified p. 31. 32 33. 34. knows not to this very day wherfore he was committed And the said Col. King the more to vex and unjustly trouble your Petitioner and to the end to take away his testimony and deter others from appearing against the said Col. King upon his tryall upon the said Articles a little before Easter Tearme last caused your Petitioner to be arrested at his own suite upon an action of 2000. l. for pretended words aleadging by his Declaration That your Petitioner should have said that the said Col. King was a trayter and he gives forth in speeches he will undoubtedly recover the same against your Petitioner and thereby utterly ruine him and is indeed very likely to doe the same by these his sinister practizes if by this Honourable House your Petitioner be not relieved and protected according to justice and equity Your Petitioner therefore humbly desires this Honourable House Will be pleased in regard your Petitioner hath not done or said any thing against the said Col. King but what will be proved when he shall be brought to Tryall before this honourable House upon the said Articles and Charge and for that your Petitioner cannot at Law give any Plea in Bar or justification of the words pretended to be spoken by him untill the said Col. King be either convicted or acquitted vpon his Tryall upon the said Articles and charge to give Order and direction to the said Col King and to the Iustices of the Court of Common Pleas where the Action dependeth to surcease and no further proceed upon the said Action of 2000 l. against your Petitioner And for the good and satisfaction of the Kingdome and the freeing and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premises to bring the said Col. King to tryall in a Parliamentary way that so he may receive c●ndign● punishment for the injuries and wrongs he hath done and wherewith he is charged in the said Articles Iohn Lilburne And your Petitioner shall pray c. Articles ●xhibitted agai●st Col. Edward King for his insolencies and misdemenors in the County of Lin●oln to th● Honourable House of Commons in August 1644. by Mr. Mussenden Mr. W Ie● and diver wh●re of the Committee of Lincoln Imprimis that to the great discouragement of the County he doth openly declare his sl●ghting of mens good aff●ction to the Parliaments service by expressing that he ●a●ieth not that men should doe the Parliament service voluntarily but

that seriously I think 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 I read the Scripture and the House of Commons late unparaleld Declaration it makes me think that the practises in the Courts at Westminster Hall 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 and oppressors for First my Lord the House of Commons declaration April 17. 1646. tels me that their inventions are not to change the antient frame of Government the safty weal of the people a most Goulden saying but J am sure it cannot be i● the peoples safety nor wealfare to have their lives liberties and estates judged by a Law the entrings and proceedings of which are in Latine and so without their understanding the●r cases in Heathen Greeke or Pedlers French and so beyond their knowledge and many of their rules in the orracle of Judges brests whose judgements many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgement in shipmoney c. neither are such practizes agreeable to the Antient constitutions of the Kingdome And secondly when God gives his Law unto the sonnes of men he doth it plainly without ambiguous termes and in their own language as first for Adam the law God give him was plaine and short with a declared penalty annexed unto Gen. 2 16.17 and the Lord God commanded the man saying of every tree of the Garden thou mayest freely eat But of the tree of the knowledge of good and evill 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 shedeth mans blood saith he by man shall his blood be shed for in the Image of God made he man and so likewise when God comes to give a law unto the Isralites as a nation yea and that law which we call the Morrall law and observe as binding to us to this day he doth it in plaine words without ambiguous or doubtfull tearmes short and in their own tongue Exo. 20. and that the people might be at a certaintie Moses as his Minister and officer writ and read it in the audience of the people unto which they gave their consent Exo. 24.3 4.7 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo 24.21 31 chap. 34. yea and in this plainesse was the Law God gave unto them which he did not only barely make and so let the people goe seeke them where they could find them but he also with Majestie proclaimes them openly and as if that were not enough that so they might know the Law and not in the least plead ignorance of it Moses declares it to them againe and againe Deut. 5. and chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they sit in their house and when they go abroad and when they lye down and rise up yea and that they should write them upon the posts of their houses and upon their gates Deut. 11.19.20 yea and that they should write them very plaine Deut. 27.8 and the reason is because the just God hath done and will doe just and righteous things and will not be so unjust as to punish men for transgressing a law they know not and therefore saith Moses to Israel in the behalfe of the just God and his law It s not hidden from thee neither is it far off it is not in heaven that thou shouldest say who shall goe up for us to heaven and bring it unto us that we may heare it and and do it neither is it beyond the Sea that thou shouldest say who shall goe over the Sea for us and bring it unto us that we may heare it and doe it but the word is very nigh unto thee in thy mouth and in thy heart that thou mayst do it so saith he I have set before thee this day life good death and evill Deut. 30.11 12 13 14.19 yea and that the generations to come might not thinke that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so solemnly published he delivers as a standing Law in future generations unto the Priests Elders and people that at the end of every seaven yeares in the solemnity of the yeare of release in the feast of Tabernacles When all Israel is come to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israel in their hearing Gather the people together men and women and children and thy stranger that is within thy gates that they may heare and that they learne and feare the Lord your God and observe to doe all the words of this law And that their Children which have not known any thing may heare and learne to feare the Lord your God as long as you live Deut. 31.9 10.11 12.13 So we see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their own tongue and not in the language of strangers and what care he takes to have it published and taught unto the people before he requires obedience to it or punisheth them for violation of it But if we will but impartially read our English histories we shall clearely find that the tedious unknown and impossible to be understood common law practises in Westminster Hall came in by the will of a Tyrant namely William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Daniel fo 42. who subdued their honest and just law Speed fol. 424 commonly called the law of Edward the Confessor and as Daniel saith fol. 44 set up new tearmes new constitutions new formes of pleas new offices and Courts and that whereas saith he fol. 46. before the causes of the kingdome were determined in every Shire and by the Law of King Edward se all matters in question should upon especiall penalty without further deferment be finally decided in their Gemote or conventions held monethly in every hundred he ordained that foure times in the yeare for certain dayes the same businesse should be determined in such places as he would appoint where he constituted Judges to attend for that purpose and others from whom as from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his