Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	day_n	law_n	1,555	5	4.7752	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88240	The prisoners plea for a habeas corpus, or an epistle writ by L.C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of Aprill, to the Honourable Mr. W. Lenthall Speaker of the House of Commons. In which is fully proved, that the judges are bound by law and their oaths to grant a habeas corpus to any prisoner ... and to deny it ... is to forsweare themselves, for which they may be in law indicted for perjury, and upon conviction, are for ever to be discharged of their office, service and councell. In which is also declared the usurpation of Mr. Oliver Crumwell, who hath forcibly usurped unto himselfe the office of L.G. in the Army, for almost 12. moneths together, and thereby hath robbed the kingdome of its treasure, under pretence of pay, which he hath no right nnto [sic], and by the power of the said office hath tyrannized over the lives, liberties, and estates of the freemen of England ... all which John Lilburne will venture his life according to the law of the land to make good, unto which he hath annexed his epistle which he writ to the prentices of London the 10th of May 1639 ...	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2165; Thomason E434_19; ESTC R202789	26,710	17

Members of Treason they had all their matter in a manner against them to seek and I will prove to this effect to Crumwells face that when by the Counsell c. it was demanded of him both at St. Albons and Colbracke what he had against Sir Iohn Maynard he positively answered he at present did not well know but he was a busie prating man and therefore must be in that soe he might be taken out of the way them as without ●all ground it hath done others the ●ower and tyranny of whom doth to●ly over awe them of which every ●ng your selves remarkably com●ine in the 8 page of your forementioned first Remonstrance And seeing ●am in Prison I cannot come to the Kings Bench Barr to move for my selfe if our House will doe any thing that is sutable to Law and justice which is all ●e mercy and pitty I crave at your hands then I must of necessity be compell● as you in your great straights did to cry out to all those that had any sence of my honour or honesty to come in to aide a distressed State 1 part bo decl p. 98 earnestly and mournfully to cry out allowd to all the honest Noune substantive men in and about the City of London to pitty and 〈…〉 distressed and oppressed estate and condition and rather then to suffer me to murdered and starved in Prison by the Tyranny of Cromwell and his Gra●dees that have now visably turned their backs of God of the Liberties their native Country of common honesty humanity and justice to use th● utmost indeavours to bring me to the Bar of justice there to receive a try according to the knowne Law of England for my life and that justice with o●● partiallity mercy pitty or compassion may be executed upon me either to 〈◊〉 condemnation or justification which is all the favour pity or compassion crave from all the adversaries I have in the world And for that end Mr. Speaker I shall with all earnestnesse and industry indeavour to get as many of them as I can the first day of the next Tearme to g●● up by 6 or 7 a clocke in the morning in person to Westminster hall a●● deliver me a Petition to the Iudges there sitting in the very following word● To the Honourable the Iudges of the Kings Bench. The Humble Petition of Levt Col. Iohn Lilburne Prisoner in th● Tower of London Sheweth THat your Petitioner is an Englishman and thereby intailed and intituled to the benefit all the Laws of England which by your Oaths x x Which is printed in Pultons col of Statutes fol. 144. and the people prorogative p. 10. you are sworne indifferently and equa●●● without feare or partiallity to administer gr●tis to all perso●● rich and poore without having regard to any person notwithstanding any command whatsoever to the contrary Now for as much as a Habeas Corpus is part of the Law England and ought no● by Law to be denied to any man y y See 2 H. 5. cha 2 Petition of Right 3. C R. the act that abolisheth ship money 17. C. R. 2 part insti fol. 53. 55. 55. 615 616. See 26. ch of Magna Charta and Sir Ed. Cooke exposition upon it fol. 42 3 Ed. 1. ch 26. and the exposition upon it in 2 part insti fol. 210. and the Statute of the 11 H. 4 Nu. 28. not printed in the Stat. book but as printed in the 3 pt insti fol. 146. 224. 2●5 whatsoever that demands it which though your Petition earnestly indeavoured the last Tearme to obtaine yet occur not prevaile with his Counsell to move for it although 〈◊〉 hath almost this two yeers been detained in prison in t●● Tower of London without all shaddow of Law or justic● and by the Lievtenant thereof hath been divorced from t● society of his wife debarred from the free accesse of 〈◊〉 friends deprived of the use of Pen Inke and Paper all wh●●● usages are against the expresse Lawes and Statutes of a● Land your Petitioners birthright and Inheritance Therefore your Petitioner humbly prayeth accordi●● to his right and your Oaths the benefit of a Habeas C●●pus and that he may have it gratis according to the L●● of the land and you Oathes to bring his body and car●● before you in open Court there to receive your award and judgement according to the d●clared Law of England And your Petitioner shall pray c. Iohn Lilburne And now Mr. Speaker I desire to acquaint your House with my intentions to bring my self up 〈◊〉 the Kings bench barre the first day of the next Tearme who I hope will not so far subvert the 〈◊〉 as to goe about to hinder me but there meet me according to law and justice with whatsoe●r they have to lay unto my charge and not still keepe me in Prison by will and force of Armes without laying any crime at all unto my charge and there think to murder or starve me unlesse ●ill stoope to their tyrannicall lusts and wills which if they doe Mr. Speaker it is not the ●t palpable iniustice that I have undergone by you in particular and them in generall as I ●erly evinced and fully proved to your faces in my speech the 19. of Ian. last at your open barre which you may now reade in my Whip to the House of Lords page 19. 20. 21. 24. 25. 26. But they shall doe this then I shall absolutly conclude the levellers viz. Cromwell and his grandee * For in my Whip 〈◊〉 the Lords I have ●dly proved that fact 〈◊〉 the absolutest Le●ellers in England and those honest men they nick-name Le●lers to be the principall supporters of ●●●ly and property in the whole Kingdome page 2 3. faction hath in good earnest already de facto levelled all our lawes and liberties to their own corrupt lusts and wills and have made England already to become like Turkey London like Constantinople the Army that was raised to preserve our lawes liberties and freedomes like the great Turks guard of Janisaries that will put all his commands in execution whether it be right or wrong And White Hall and the Muse like the Seralia in Constantinoppe being the place of Randezvouz or lodging of the tyrants mercenary law and liberty destroyers For truly Mr. Speaker I must say and 〈◊〉 it that Mr. Oliver Cromwel hath destroyed all our lawes and liberties and properties and set up an absolute tyrannicall arbitrary Government by sword and principally over all those that have fought in the sincerity of their hearts for the Parliament and their Country for worse then ever Strafford or Canterbury attempted to doe for which they lost their heads who yet in comparison to 〈◊〉 were but fooles and chickins scarce daring to think what he hath executed and acted But Mr. Speaker if you would know the reasons why I doe not call him Leivt Gen. Cromwell It is because I would correct a vulgar cheat amongst the people which of

safety is above all Law and that necessity hath no law which caused them present to winke at the stopping the usuall and ordinary course of justice and to beare wi● many other enormities in you besides especially in the arbitary proceedings of your illegall co●mittees yet they never assisted you against the King with any such intention to helpe you subdue him or his exorbitant and Tirannicall will that you should then become their arbitra●● Lords and masters and they your perfit vassalls and slaves and tread under your feet their r●tionall and fundamentall Lawes and liberties and destroy their properties but rather that th●● might by you be set in a better condition then you found them and their Lawes and liberti●● r●n in a purer streame and Channell by regulating the insufferable exorb●tancies of the Cou●● of Iust●ce and abridging both the delayes and changes of Law Suites c. according to yo●● promise in your Masculine first Remonstrance 1 part booke decla page 15. and that at the e●di●● of the warrs which you in you late declaration against 〈◊〉 Scots Commissioners of the four● of March 1647. declare is now at an end page 5 16 they might by you according to you many Solemne declarations and ingagements be put in the full possession and injoyment the de●re-bought-fruit of all their labours expenced travells and hazards that they have 〈◊〉 in assisting you in the date warre against the King principally for their Laws and liberties an● all this you fully p●●●so●● your excellent declaration of the 17 of Aprill 1647. 2 part dec● page 879. where you declare It is your intentions and earnest desires to obtaine th● end of the primitive institution of all government viz. the safety and weale of the people and though by the necessity of the warres you confesse you have been compelled to d● many irregular things yet upon the ●educement of your affaires We doe declare say you that we will not nor any by colour of any authority derived from us shall interrupt the ordina●ry Courts of Iustice in the severall Courts and judicators of this Kingdome nor intermed in cases of private interest otherwhere determinable unlesse it be in case of male administration of justice wherein we shall see and provide that right be done and punishment inflicted 〈◊〉 there shall be occasion according to the Lawes of the Kingdome and the Trust reposed in 〈◊〉 But the warrs are ended and your affaires if you by your covetuousnesse and selfishnesse ●●vastly deviding the publique treasure against Law reason and justice amongst your selves spoil them not againe reduced to a very good condition the ordinary courts of justice being all open where solv● only and alone the Law ought to be executed if not in the least degree pertaining to your House the executing of the Law making or legislative power being their proper and sol●● worke And therefore if you would ever be reputed for honest men who it is commonly said are a●● wayes as good as their words then it is high time for you to make good your declarations and to ●●●●ease the exercising of all your arbitrary and illegall power in executing Laws and let the ordinary and proper Courts of Iustice only doe it lest the people never give credit to you any 〈◊〉 for men of faith truth or honesty but by your tirannising over them and robbing them ●● the benefit of their Laws they be necess●iously provoked and compelled to rise up against you afte●ward you for all your cruelty with the severity exercised upon them as you have rewarded 〈◊〉 all their love bounty and kindnesse towards you and when you cry out to them for law and iustice they Preach unto you your owne doctine which by soliciter St. Iohn you preached to the ●arle of Straford in his argument of Law against him pag 70 viꝪt That he in vaine calls for the helpe of the law that walks contrary unto Law and thou the Law of like for like he that would not have others to have law why should 〈◊〉 have any himselfe Why should not that be done to him that he himselfe would have done to another its true saith he we give law to Hares and Deare because they be beasts of Chase but it was never accounted either cruelty or foule play ●● knocke Foxes or Wolves on the head as they can be found because they be beasts of ●●rey The Warrenner sets trapt for Poulcats and other vermine for preservation of the Warren And that cruell tirant Adon● Bezek found the righteous God a just executer of the Law of ●● for like upon him who after his thumbs and his great toes were cut of said threescore and 〈◊〉 Kings having their Thumbs and their great toes out off gathered their meat under my table ●● I have done so God saith the Pagan hath required me Iudges 1 6 7. And saith the Apostle 〈◊〉 chap. 2.13 ●●e shall have Judgment without mercy that hath shewed no mercy But Sin if you should object against me as some ignorant men doe that your House is above 〈◊〉 lawes of the Land and therefore are not tied by them nor bound to act according to them I answer positively no you are not in the least above the laws but while they are Laws and unrepealed they are as binding unto you as the meanest men in England and you have no priviledge of exemption from the lash of them either for treason Fel●●●y o● breach of the r 4 part inst● chap. high Cou. Parli fol. 25. 1 part boo decl p 48. 278. peace And excellent well worth observation is that of Sin Ed. Cooke in his 4 pt instit ch high Court of Parli fol 37 where speaking of the attainder in Parliament of 〈◊〉 Cromwell Earle of Essex in the 32 H. 8. who by the Parliament was condemned of high Treason yet was never called to answer in any of the Houses of Parliament of the manner of whose proceedings against him he saith let oblivion take it a●●at ●● it may be if 〈◊〉 however let silence cover it for saith he the more high and absolute the ●●sdiction of the Court is the more just and honourable it ought to be in the proceeding to give ●ample of justice to inferiour Courts which kinde of proceedings of the Parliament with the aforesaid Earle be condemnes as altogether illegall and cites the 29. chap. of Magna Charta c. 〈◊〉 prove it against the Law of England and to prove it to be against the Law of God he qu●te● ●● 3.9 18.21 Devt 17.10 19.15.17 Iosh 7.19 20.22.23 Iudg. 20.21.3.4 Iob ●51 And that it is against the Law of reason ingraven in the hearts of Heathen●●he cits Act 25 ●● where the very Pagan Magistrates answer to the Iews when they pressed for judgement against Paull That it is not the manner or Law of the Romans to deliver any man to die before that he which is accused have the accuser face to face and have