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	lord_n	treasurer_n	3,143	5	10.7684	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

the same Court or by any of the Iudges Officers or Ministers thereof be from the first day of August in the yeare of our Lord God 1641. clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellour or Keeper of the great Seale of England the Lord Treasurer of England the Keeper of the Kings Privie Seale or President of the Councell nor any Bishop Temporall Lord Privie Councellor or Iudge or Iustice whatsoever shall have any power or authority to heare examin or determin any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decree or to doe any Iudiciall or Ministeriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all● or any the Iudges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like iurisdiction being exercised there shall from the said first day of August 1641 be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third yeare of King Henry the seventh Or the Statute made the one and twentieth of Henry the eighth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subiects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of iustice and by the ordinary course of the law And be it further provided and enacted That if any Lord Chancellor or Keeper of the great Seale of England Lord Treasurer Keeper of the Kings privie Seale President of the Councell Bishop Temporall Lord Privie Councellor Iudge or Iustice whatsoever shall offend or doe any thing contrary to the purp●rt true intent and meaning of this Law Then he or they shall for such offence forfeit the summe of five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain judgement thereupon to be recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgement or Recovery shall he had as aforesaid shall after such Iudgement or Recovery offend again in the same then he or they for such offence shall forfeit the summe of one thousand pounds of lawfull money of England unto any partie grieved his Executors or Administrators who shall really prosecute for the same and first obtaine Iudgement thereupon to be Recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information in which no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgement or Recovery shall be had as aforesaid shall after such Iudgement or Recovery offend againe in the same kind and shall bee thereof duly convicted by Indictment Information or any other lawfull way or meanes that such persons so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to beare his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to make any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and loose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his trebble dammages which he shall sustain and be put unto by meanes or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberty or suffer imprisonment by the Order or Decree of any such Court of Star-Chamber or oth●r Court aforesaid now or at any time hereafter having or pretending to have the same or li●e jurisdiction Power or Authority to commit or imprison as aforesaid Or by the Command or Warrant of the Kings Maiestie his Heires or Successours in their own person or by the Command or Warrant of the Councell-board or any of the Lords or other of his Majesties Privie Councell that in every such case every person so committed restrained of his libertie or suffering imprisonment upon demand or motion made by his Councell or other employed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually paid for the same

we will in no sort abridge for the excellency thereof but referre you to the fountaines themselves Hereupon it appeareth that the common Warant or Mittimus to answer to such things as shall be obiected against him is utterly against Law Now as the Mittimus must containe the cause so the conclusion must be according to law viz. The Prisoner safely to be kept untill he be delivered by due order of Law and not untill be that made it shall give order or the like John Lilburne Ianuary 1647. I had here an intent largely to have insisted upon the Lords tyrannicall exercise of their illegall usurpations upon divers of the free Commons of England besides my self whom they have most Arbitrarily and tyrannically without all shaddow of Law saving the lawlesse unlimitted tyranny of their own meer unbounded wills and pleasures sent unto severall Gaole● in this Kingdome but because my time hath been exceedingly prevented and my intention frustrated by those late stormes and ungrounded fluttering bellowing whirl-wind tempests that hath lately been most falsely uniustly and maliciously raised against me by an English Tertullus Orator called Mr. Marsterson the false and lying Sepheard of Shoreditch neer London whose impeachment of me at the Lords and Commons Barre of designing the destruction and overthrow of the present Parliament although it hath made a great ecchoing and note in the Kingdome I no more valew then a blast of wind but let malice it self in all its hight doe the worst it can Yet I say by these new stormes I have been a little diverted from my purpose in fully painting the Lords at present and therefore because I judg it more then time to have this discourse abroad I shall suspend the full execution of my intentions till my late speeches at the House of Commons barre come to the publique view where I have drawn their Pictures as lively I beleeve as any picture drawer in England ever did And therefore I shall only at present confusedly fill up this spare paper and I shall begin with my proposition which I sent to the Speaker of the House of Commons which he caused to be read in their House and which verbatum thus followeth The Proposition of Lievt Col. John Lilburne prerogative prisoner in the Tower of London made unto the Lords and Commons assembled at Westminster and to the whole Kingdome of England Octob. 2. 1647. I Grant the House of Lords according to the Statute of the 14. Ed. 3. chap 5. to have in law a iurisdiction for redressing of grivances either upon illegall delayes or illegall iudgement given in any of the Courts at Westminster Hall provided they have the Kings particular Commission therefore and all other the legall Punctilloes contained in that Statute which jurisdiction and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap 8. and 31. Eliz. chap. 1. But I positively deny that the House of Lords by the known and declared Law of England have any originall Jurisdiction over any Commoner of England whatsoever either for life 〈◊〉 liberty or estate which is the only and alone thing in controversie betwixt them and me And this position I will in a publique assembly or before both Houses in law debate with any 40. Lawyers in England that are practisers of the Law and I will be content the Lords shall chuse them every man and i● after I have said for my self what I can that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England give it under their hands against me I will give over my present contest with the Lords and surrender my self up to the punishment and sentence of the present Lords and Commons Provided at this debate I may have 6. or 10. of my own friends present to take in writing all that passeth thereupon Witnesse my hand and seale in the presence of divers witnesses in the Tower of London this 2. of October 1647. Iohn Lilburne And to conclude this book I shall only add a breviate of my grand Plea against the Lords as I delivered it to the House of Commons in half a sheet of paper the 11 Nov. which thus followeth

unto the power of the House in committing me J stooped but at their doore desired to be committed by a legall Warrant which by their own Law published in Sir Edward Cooks institutes Votes and Ordinances all warrants of commitments whatsoever ought expresly to containe the certaine particular case wherefore a man is committed and ought to conclude and him safely to keep till he be delivered by due course of Law and for the full proof of this read the 68 69. pages of the following discourse and the 11 12 13 14 15 pages of Mr. Iohn Wildmans late defence called Truths Triumph or Treachery anotamised But if the Warrant be in generall words and be also to keep him during their pleasure and made by the Parliament the prisoner is murthered and destroyed by such an imprisonment For he must either stoop to their wills and so betray his liberties and sin against his own soule or else he must remaine in prison till he starve and rot before any Iudge in Westminster Hall will grant him a Habeas Corpus to bring him up to the barre of Justice either to receive his punishment according to Law or else his liberties as uniustly imprisoned and this made me the other day at the House of Commons to contest for a legal warrant before I would go to Prison but that mercinary Turkish Ianisary Col. Baxster laid violent hands upon me telling me expresly he was not either to reason or dispute the Houses commands but to obey them caused his Soldiers to draw their swords upon me in halling of me away by force violence he stabed Magna Charta the Petition of Right c. to the very heart and soule did asmuch as in him lyes by that act destroy all our Lawes and liberties for if authority must be backt with the sword to put in execution all their unjust commands then farwell all law and liberty forever and accursed be the day that ever the Parliament raised an Army to fight for the preservation of our lawes and liberties if now they convert their power and turne their swords and guns against us by force of armes to destroy our lawes and liberties John Lilburne 6. Feb. 1647. In the third yeare of the reign of Charles King of England Scotland France and Ireland AT the Parliament begun at Westminster the seventeenth day of March An. Dom. 1627. in the third yeare of the reigne of our most gracious Soveraigne Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued untill the 26. day of Iune following and then prorogued unto the 20. day of October now next ensuing To the high pleasure of Almighty God and to the weale publique of this Realme were enacted as followeth The petition Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subiect with the Kings Majesties royall answer thereunto in full Parliament To the Kings most Excellent Majestie HVmbly sheweth unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Commons in Parliament assembled That whereas it is declared a●d inacted by a Statute made in the time of the reigne of King Ed. the first commonly called Statutum de Tallagio non concedento a a 34. Ed. 1. chap. 1. That ●o tallage or aid shall be laid or levied by the King or his Heires in this Realme without the good will and assent of the Arch B●shops Bishops Earles Barons Knights Burgesses and other the free men of the Commonalty of this Realme And by authority of Parliament holden in the five and twentieth yeare of the reigne of King Edward the third b b 25. Ed. 3 Rot. Par. it is declared and inacted That from thenceforth no person should be compelled to make any loanes to the King against his will because such loanes were against reason and the franchise of the Land And by other Lawes of this Realme it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge c c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9. 1. R. 3. 2. by which the Statutes before mentioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any tax tallage aid or other like charge nor set by common consent in Parliament 1. R. 3. 2. Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of money unto your Majestie and many of them upon their refusall so to do have had an oath administred unto them not warrantable by the Lawes or Statutes of this Realme * * Oaths Ex Officio unlawfull and have been constrained to become bound to make appearance and give attendance before your privie Councell and in other places and others of them have been therefore imprisoned confined and sundry otherwayes molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Maiesty or your privie Councell against the Lawes and free customes of the Realme * * All Magistracy in England is bounded by the law thereof e e 28. Ed. 3. 3. And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND d d 9 H. 3. 29. It is declared and enacted f f 25. Ed. 3. That no free man may be taken or imprisoned St. 37. Ed. 3. 18. St. 38. Ed. 3. 9. St. 42. Ed. 3. 3. St. 17. R. 2. 6. or be disseized of his Free hold or Liberties or his free Customs or he outlawed or exiled or in any manner distroyed but by the lawfull iudgement of his PEERS or by the Law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third e it was declared and enacted by authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law Neverthelesse against the tenour of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided f divers of your Subiects have of late been imprisoned without any cause shewed * * Imprisonment without cause shewed is illegall See also Cooke 2. part institutes upon the 29. chap Magna Charta And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergoe and receive as the

in Hillary Tearm Anno 16. Caroli Regis after a verdict obtained a Iudgement in his Maiesties Court of Kings Bench of 7000. l. debt and 7. l. 12. d. dammages against Thomas Wright who afterwards was charged in execution for the same in the custodie of Sir Iohn Lenthall Knight then and yet Marshal of the said Court and the said Wright being so in execution for Composition offered your Petitioner above 2000. l. and security for the residue of the said debt all the same appearing to be true by Records and by proceedings in Chancery under the Great Seale of England but before any part thereof satisfied the said Sir Iohn Lenthall suffered the said Wright to escape out of Execution Your Petitioner therefore in Hillary Terme 17. Caroli Regis Ten dayes before the end of that Terme caused an action of debt to be brought for the said 7007. li. 12 d. at your Petitioners suit for the said escape and then filed a declaration against the said Sir Iohn Lenthall for the same But the said Sir Iohn to deprive your petitioner of the said debt and all remedie for the same 10 Trin. 18. Caroli Regis notwithstanding your Petitioner had severall Rules against Sir Iohn Lenthall for judgement upon his declaration so filed in Hillary 17. He the said Sir Iohn Lenthall procured an Order to be made by Sir Iohn Brampston Knight and Sir Thomas Mallet Knight in open Court that your petitioners Declaration filed in Hillary 17. should be filed as of Easter Tearme the 18. contrary to justice the law of this Kingdom the libertie of the Subjuct and the rules of the said Court as your petitioner is advised And for that your petitioners being so advised that the said Order doth utterly barre your petitioner of his said debt Your Petitioner severall times publiquely in Court and otherwise moved the Iudges to alter the same but could not prevaile as appeareth by the Order of the said Court and for that that notwithstanding your petitioner earnest solicitation for his judgement due by the rules of the said Court for the space of above foure yeares together and his great expence after 15. Orders made in the said Court the now Iudges of the said Court Mr. Iustice Bacon and Mr. Iustice Roll hath confirmed the same as appeareth by an Order by them made per Hillar 22. Caroli Regis now readie to be shewed In tender consideration of the premises that your petitioner according to the Law filed his declaration in Hillary 17. when the prisoner was escaped and at liberty and for that the said Iudges Order contrary to Law barreth your petitioner from prosecuting upon that declaration and bindeth your petitioner to file his declaration as of Easter terme 18. Caroli when the said Marshall aleadged that he had retaken the said prisoner again and that he was dead and that your petitioners debt is destroyed by the said Iudges Order to your petitioners dammage above 10000 l. And for that other debts may be destroyed by the like If men be barr'd from the benefit of their just Records duly fil'd as the petitioner is contrary to the Lawes of the Kingdome and the libertie of the Subiect which appeares to be done in this Cause by the Orders themselves Your Petitioner humbly craveth releife according to his damages And your Petitioner shall pray Henry Moore Which petition the said Moore delivered to Col. Henry Martin and divers other Parliament men but can not so much as get his petition read in † Jt is worth the taking notice the Speaker is Sir John Lenthalls brother and it is almost grown to a common proverb in England that Parliament mens neer Allyes as well as themselves are above the reach of all law and justice which I am sure if they look not speedily well about them will destroy them every man the House upon whom he hath long attended and still waiteth most earnestly and deplorably cryeth out to be releived from this intollerable oppression by which the said Moore is damnified as in his printed complaints to the House he declares above ten thousand pound to the hazzard of his utter ruine Now I shal here crave the liberty to insert the epittomy of my own cruel barbarous sufferings with this desire to al that reads it seriously to consider that what hath befaln me by the cruell tyrany of by past Tyrants and oppressors if not strongly remedied and repaired may for future be incouragement for the present Tyrants to inflict when they dare for fear of being dismounted the like if not worse upon the first Nown-Substantive Englishman that shall resolutely stand in their way * And it is the clearest demonstration to me in the world that the present men in power alwayes intended to walk in the oppressive tyranous ways of the Star-chamber High commission councel board in that they have done no man effective iustice or right that suffered by them least their own Acts should be binding presidents to pay their own Acts should be binding Presidents to pay themselves by in future times The summe of what I have here to insert I shall lay down in the very words that J delivered in print to the Members of the House of Commons at the House doore the 23. Novemb. last which thus followeth A new complaint of an old grievance made by Lievt Col. Iohn Lilburne Prerogative prisoner in the Tower of London Novemb. 23. 1647. To every Individuall Member of the Honourable House of Commons SIR MY exceeding urgent necessities and my extraordinary sufferings by your neglect in doing me justice and right according to your many oaths and declarations presseth me above measure still to play the part of the poore importunate widdow mentioned in the Gospel and to resolve whatever befalls 〈◊〉 never to give over till I have attained her end viz. Iustice You may please truly to take notice and the rather because many of you are new Members that in the year 1637. and 1638. I suffered a most barbarous sentence by the Star Chamber occasioned by two false oaths sworne against me by Edmond Chillington † † The substance of which with my defence against them in open Star Chamber and when I stood upon the Pillory at Westminster you may largely read in the relation of my first sufferings called The Christian mans tryall reprinted by Will. Larner 1641. now dwelling at the black boy within Bishops-Gate now a Lievtenant under Col. Whaly and by my refusing to answer interrogatories against my self in executing of which sentence the 18. of April 1638. I was tyed to a Car●● tayle at Fleet bridge and whipt through the streets to Westminster and had given me above the number of 500. stripes with a threefold knotted corded whip the weeles made in my back thereby being bigger then Tobacco pipes c. And set two houres upon the Pillory bare head in an extraordinary hot day and a gag put into my mouth above an houre to