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	judge_v	see_v	2,008	5	3.5601	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88235	Lieu. Col. John Lilburn's plea in law, against an Act of Parliament of the 30 of January, 1651. entituled, An act for the execution of a judgment given in Parliament against Lieu. Col. John Lilburn. Contrived and penned, on purpose for him, by a true and faithful lover of the fundamental laws and liberties of the free people of England, ... all which compels and forceth the penman to be very studious of his own good and preservation, ... and therefore, for his own good and benefit, the honest readers information, and for Mr Lilburns the prisoners advantage, he presents these ensuing lines to thy view, and his, as the form of a plea; that the penman hereof, as a true well-wisher of his, and the people of England, would have him to ingross into parchment, and to have ready by him to make use of (in case his own braines cannot contrive a better) when he is called up to answer for his life before the judges of the upper-bench, or any other bar of justice whatsoever; and the said form of a plea for him thus followeth verbatim.	Lilburne, John, 1614?-1657.	1653 (1653)	Wing L2160; Thomason E703_12*; ESTC R202744	14,820	16

be attempted in any Court of Parliament and that others might avoid the fearful end of those two Time-servers Empson and Dudley Qui eorum vestigia insistant eorum exitus perhorrescant That is to say Those that follow their foot-steps may fear the same destruction that they had whose end in the third part of the Institutes fol. 208. and the fourth part fol. 198 199. may be seen was severally to be indicted at Common law whose indictments is there to be read and convicted and executed as Traitors for subverting the fundamental Law and Liberties of England viz. Trials by Juries which the Conquests of the Romans Saxons Danes or Normans could never blot out of the Kalendar of Englishmens fundamental Liberties but hath from time to time with the infinite hazards of their lives and blouds been preserved as the choisest of their jewels and as one of their chiefest fundamental right Of whom the said Lord Cook in his exposition of the 29 Chapter of Magna Charta in his second part Institutes fol. 51 upon the words of lex terra or the law of the Land where he plentifully shews that no Englishman whatsoever ought not for any crime whatsoever in any Court whatsoever by any power or authority whatsoever to be tried but by Juries and due process of Law as is before shewed expresly saith Yet Against this ancient and fundamental Law and in the face thereof I finde an Act of Parliament made saith he that aswel Justices of Assize as Justices of Peace without any finding or presentment by the verdict of twelve men upon a bare information for the King before them made should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the form ordinance and effect of any Statute made and not repealed c. By colour of which Act shaking this fundamental Law it is not credible what horrible oppressions and exactions to the undoing infinite numbers of people were committed by Sir Richard Empson Knight and Edmond ●●dley being Justices of the Peace throughout England and upon this unjust and injurious Act as commonly in sixe cases it falleth out a new Office was erected and they made Masters of the Kings forfeitures But at the Parliament hold●n in the first year of Henry the 8 this Act of the 11th of Henry the 7th is recited and made void and repealed and the reason thereof is yeilded for that by force of the said Act it was manifestly known that many sinister and crafty feigned forged informations had been persued against divers of the Kings subjects to their great dammage and wrongfull vexations and the ill success hereof and the fearful ends of the two Oppressors should deterr others from committing the like and should admonish Parliaments That instead of the ordinary and pretious trial per legem terra by the law of the Land they bring not in Absolute and partial trials by discretion And in the fourth part of his Institutes fol. 37. he expresly saith That he findes an Attainder by Parliament of a subject viz. Thomas Cromwel then Earl of Essex of High Treason who was committed to the Tower and thereby forth comming to be heard and yet was never called to answer in any of the Houses of Parliament Of the manner of which proceeding he thus saith Auferat oblivio si potest si non utcunque silentiam tegat That is Let the Parliaments crime be buried in oblivion if it be possible and if not nevertheless yet let it give place to silence for the present For saith he the more high and absolute the jurisdiction of the Court is the more just and honourable it ought to be in the proceeding and to give example of Justice to inferiour Courts And fol. 38. he is confidently perswaded that the rehearsal of this unjust Attainder will hereafter cause the Honourable Members of both Houses of Parliament to be so tender of their duty in preserving the fundamental Lawes and liberties of the people of England as that never hereafter such an unjust Attainder shall be brought where the party is forth comming to condemn him without hearing of him And consonant unto this is the Scripture and the Law of God therein contained as appears by the third of Gen. vers 9. where God after Adam had transgressed his Law summons him before him to answer for himself before he would pass judgement against him And when Sodom had abhominably defiled its wayes with the height of wickedness yet the just God of heaven and earth would not judge condemn or pass sentence against them Till he went down to see whether they have done altogether according to the cry that is come up against them or not And saith God I will know Gen. 18. And Deut. 17.6.11 and Chap. 20.15 God saith expresly One Witness shall not rise against a man for any iniquity or for any sin in any sin that he sinneth at the mouth of two witnesses or at the mouth of three witnesses shall the matter be established And by the hand of Moses he required the people of Israel to do according to the sentence of the Law the judgment which shall be given thereupon and not to decline from the law to the right hand or to the left And suitable to this is the judicial and legal proceedings of the great Congregation of the children of Israel consisting to the number of four hundred thousand able men in the case of the Levite and his ravished and slain Concubine who in their judicial proceedings in that Case first demanded of him how so great a wickednes came to be committed in Israel And the conclusion after their hearing and examining the cause was to consider consult and then to give sentence And saith Nicodemus that learned man in the Law of God against the Scribes and Pharisees in behalf of Christ Doth our Law judge any man before it hear him John 7.51 And saith Festus the Heathen Roman Governor in Judea that had no other guide to walk by but the Light and Law of Nature in the behalf of Paul against his bloudy enemies It is not the manner of the Romans to deliver any one to die before that he which is accused have the accusers face to face and have licence to answer for himself Act. 25.16 And saith righteous Paul who writ the Oracles of God infallibly by the Spirit of God where there is no law there is nor can be no transgression Rom. 4.15 And as evil saith the Lord Cook in the last fore-cited fol. was the proceeding in Parliament in the second of Henry the 6. against Sir John Mortimer the third son of Edmund the second E. of March descended from Lionel Duke of Clarence who was indicted of High Treason for certain words which Indictment without any Arraignment or pleading being meerly feigned to blemish the Title of the Mortimers and withall being insufficient in Law as by the

Lieu. Col. John Lilburn's Plea in Law Against an Act of Parliament of the 30 of January 1651. Entituled An Act for the execution of a Judgment given in Parliament against Lieu. Col. John Lilburn Contrived and penned on purpose for him by a true and faithful lover of the Fundamental Laws and Liberties of the free people of England a great deal more then of the person of Lieu. col John Lilburn though now he be a prisoner for the said Lawes and Liberties and his own innocency in Newgate All which compels and forceth the Penman to be very studious of his own good and preservation very much concerned and very much incroached upon in that harsh unjust and illegal dealing that at present is exercised upon him And therefore for his own good and benefit the honest Readers information and for Mr Lilburns the prisoners advantage he presents these ensuing lines to thy view and his as the form of a Plea that the Penman hereof as a true well-wisher of his and the people of England would have him to ingross into Parchment and to have ready by him to make use of in case his own braines cannot contrive a better when he is called up to answer for his life before the Judges of the Upper-Bench or any other Bar of Justice whatsoever and the said form of a Plea for him thus followeth verbatim The second Edition much inlarged corrected and amended July 2. 1653. JOhn Lilburn now prisoner at the Bar saith that he having heard the Charge contained in the Scire facias Indictment or Information now read unto him at the Bar For plea thereunto he saith That it appeareth by the Act of Parl of the 30 of Jan. 1651. That upon the 15. of Jan. 1651. a Judgment was given in Parl. against one Lieu. Col. Jo. Lilburn in the Act named for high crimes and misdemeanors by him committed as by the same appeares for which the fines and other punishments were promulgated against him mentioned in the said Act. But the said John Lilburn now prisoner at the Bar saith that the said J. Lilburn in the said Act named and he the now prisoner at the Bar be not one and the self-same person for that he the now prisoner at the Bar is a free-born English Gentleman and never was legally charged indicted convicted either by the Parl. or any other Court of Judicature being a Court of Record in the English Nation or Commonwealth Neither ever was there any Judgment given in Parl. against him the now prisoner at the Bar for high crimes and misdemeanors mentioned in the said Act upon the said 15 of Jan. 1651 Votes or Resolves being not in the least any judgments in law It being impossible that a Judgment in any legal Court of England should be past against a free-born English man and that man dayly forth-coming and never to hear read nor see any of the proceedings ante-ceding the said Judgment and never summoned by any legal process to any legal proceedings nor called to any legal Bar whatsoever and demanded according to Law what he could say why Judgment should not be past against him Neither ever did the pris●ner J. Lilburn now at the Bar ever in all his life-time by kneeling at the Bar of the P. of the Commonwelth of England lately sitting at Westm ever acknowledge that the said Parl. in law ever had in all their life times any the least jurisdiction in the world to sentence him or any other free-born English man of England that are none of their Members of immedi●te Officers for any crimes whatsoever as I. Lilburn the prisoner at th● Bar hath fully and undeniably proved by Law in his P●ea upon the Writ of Habeas Corpus before the late Judges of the Kings Bench viz. Judge Bacon and Judge Rolls upon the 8th of May 1648. as in that printed Law-Argument entituled The lawes funeral is fully to be read in pag. 8 9 10 11. All crimes whatsoever being for him onely and solely to be h●ard determined and judged at the Common-law and no where else For Magna Charta th● P●tition of Right and the Act that abolished the Star-Chamber expresly saith That no free-man of England shall be taken or imprisoned or be disseized of his free hold or liberties or free customes or be out-lawed or be ex●led but by a lawful Judgment of a Jury of 12 sworn men of his equals of the same neighborhood according to the Law of the Land And that none shal be taken for any crime whatsoever by any person or Court whatsoever unless it be by indictment or presentment of good and lawful people of the same neighborhood where such deeds be done in due manner or by process made by Writ original at the Common law and that none be put out of his franchise or free-hold unless he be duly brought in to answer and adjudged of the same according to the course of the Law and if any thing be done by any persons or Courts wha●soever against the tenor of the same it shall be void in Law and holden for error And the Petition of Right expresly saith No man whatsoever shall be any wayes punished especially in criminal cases but according to the Laws and Statutes already established in the Land And those also by the said Petition of Right and the Statute that abolished the Star-Chamber are precisely declared to be according to our good old native fundamental Rights Liberties This very thing or the securing therof alone being the principal and chief declared cause of all the late Parl. and present Armies wars with the late King and his son and without the inviolable preservation of these our fundamental laws and liberties it is impossible that any in the Army from the highest to the lowest in the least can acquit themselves of being justly esteemed both before God and all just men real and wilful murderers of all those persons that they have slain in the late civil wars and if so woe unto them when God makes inquisition for innocent bloud Neither indeed is he the now prisoner at the Bar guilty of any such high crimes and misdemeanors as is expressed in the said Act Neither ever was he the now prisoner at the Bar in the least duly and legally banished and fined by the said Act nor yet is a fellon nor guilty of fellony in no manner of respect as by the said Scire facias Indictment or Information now read unto him is supposed Neither can he rationally imagine that by the Parl. that is mentioned in the said Act of the 30 of Jan. 1651. for banishing one Lieu. Col. Iohn Lilburn is not in the least meant the late Parl. of the Common-wealth of England sitting at Westminster especially because it is not so exprest who had taken many Oaths and past abundance of Declarations and particularly that of the 9 of Feb. 1648. inviolably to maintain the funda●ental Lawes of the Land in reference to the peoples lives