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	land_n	law_n	1,490	5	5.0852	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88229	The out-cryes of oppressed commons. Directed to all the rationall and understanding men in the kingdome of England, and dominion of Wales, (that have not resolved with themselves to be vassells and slaves, unto the lusts and wills of tyrants.) Fron Lieut. Col. John Lilburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous gaole of Newgate. Febr. 1647.	Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646.	1647 (1647)	Wing L2150; Thomason E378_13; ESTC R201382	26,058	20

The out-cryes of oppressed Commons Directed to all the Rationall and understanding men in the Kingdome of England and Dominion of Wales that have not resolved with themselves to be Vassells and Slaves unto the lusts and wills of Tyrants From Lieut. Col. John Lilburne prerogative prisoner in the Tower of London and Richard Overton prerogative prisoner in the infamous Gaole of Newgate Febr. 1647. Ier. 7.8 9.10 Behold yee trust in lying words that cannot profit Will yee steale murther and commit adultery and sweare falsly and burne incense unto Baal and walke after other Gods whom yee know not and come and stand before me in this house which is called by my name and say we are delivered to doe all these abominations Verse 6. Therefore pray not for this people neither lift up cry nor prayer for them neither make intercession to me for I will not heare thee Mat. 13.14 Woe unto you Scribes and Pharisees Hypocrites for yee devoure widowes houses and for a pretence make long prayers therefore you shall receive the greater damnation GEntle men Anti-Magistrates we are not but owne Magistracy as Gods Ordinance appointed for the good and well being of man-kind Rom. 13.1.2.3.4.5.6 Unto whose power and Authority in all lawfull things we both have and are willing to stoop unto but no further neither doe we crave or desire any favour priviledge or benefit but what is given unto us by the good established and just Lawes of England which the Parliament solemnly have often sworne to maintain of which for our particulars we have for many moneths been robd of by the tyranny and usurpation of the Lords commonly called the House of Peeres now sitting at Westminster who have usurpedly and contrary to the just and knowne Law of the Land assumed unto themselves by the law of their owne wills a power in criminall causes to judge and commit us who are Commoners which by law they have no authority not in the least to doe as appeares in the twenty ninth Chapter of Magna Charta which expresly saith No freeman shall be taken or imprisoned or be disseised of his free-hold or liberties or free customes or be out-lawed or exiled or any otherwise distroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the law of the Land We will sell to no man we will not deny nor deferre to any man either justice or right And the 3. E. 1. 6. likewise expresly saith and that no City Borough norrowne nor any man be amerced without reasonable cause and according to the quantity of his trespasse that is to say every free man saving his free hold 9 H. 3. 1● A Merchant saving his Merchandize a Villain saving his waynage and that by his or their Peers Which 29 Chap. of Magna Charta is expresse by name confirmed in the Petition of Right made in the third yeare of the present King Charles which absolutely abolisheth all Lawes made in derogation of the said just Law which Petition of Right and every clawse therein contained is expresly confirmed by this present Parliament as appeares by the statute that abolished the Star Chamber and the statute that abolished Ship money And that learned man of the Law Sir Edward Cooke in his exposition of Magna Charta which booke is published to the publique view of the Kingdome as Law by two speciall orders of the present House of Commons as in the last pag. thereof you may read who in his exposition of the 14. chap. of Magna Charta 2. part institutes fol. 28. saith that by Peers is meant Equalls and in fol. 29. he saith the generall division of persons by the Law of England is either one that is Noble and in respect of his Nobility of the Lords House of Parliament or one of the Commons of the Realm and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barons and yet all of them are comprehended within the word PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens yea men and Burgesses of severall degrees and yet all of them of the Commons of the Realm and as every of the Nobles is one a Peer to another though he be of a severall degree so is it of the Commons and as it hath been said of men so doth it hold of Noble Women either by birth or by marriage but see hereof chap. 29. And in his exposition of chap. 29. pag. 46. Ibim he saith no man shall be disseised that is put out of seison or dispossessed of his free-hold that is lands or lively-hood or of his liberties or free customes that is of such franchises and freedomes and free-customes as belong to him by his free birth-right unlesse it be by the lawfull judgement that is verdict of his EQUALS that is men of his owne condition or by the Law of the Land that is to speake once for all by the due course and processe of Law No man shall be in any sort distroyed to destroy id est what was first built and made wholly to overthrow and pull downe unlesse it be by the verdict of his Equalls or according to the law of the Land And so saith hee is the sentence neither will we passe up him to be understood but by the judgement of his Peers that is Equalls or according to the Law of the Land see him fol. 48. upon this sentence pro judinum parum suorum and pag. 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peeres and cites Rot. Parl. 4. E. 3 Num. 6. But the Roule is 4 E. 3. Num. 2 in the case of Sir Simon de Bereford in which the Lords doe ingeniously confesse that it is contrary to Law for them to passe judgement upon a Commoner being they are not their Peers that is Equalls which record at large you may read in The oppressed mans oppressions declared Edition the second page 18 19. And also in part in Vox Plebis pag. 40. 41. So that by what hath been said it cleerly evidently and undeniably appeares by the Law of the Land and the Lords owne confession that they are not the Peers or Iudges of Commoners in any criminall cases whatsoever And we offer at our utmost peril before any legall power in England to maintaine it by the knowne and declared Law of the Land which the Lords themselves have solemnly covinanted and sworne to maintaine that the Lords by the Law of England have not in the least any Iurisdiction at all over any of the Commons of England in any criminall cases whatsoever But if the studious and industrious Reader please to read that notable and late printed booke called Regall tyranny discovered he shall find that the Author of that booke in his 43. 44 45 46 47 and 86. pages layes

not to yeeld to what is required but also to make further provision for the preservation of our selves and of those who have sent us hither and intrusted us with all they have Estates Liberty and life and that which is the life of their lives their * * That we absolutely deny and therefore if the blind lead the blind they must needs both fall into the ditch Religion and even for the safety of the Kings person now invironed by those who carrie him upon his owne ruine and the destruction of all his people At least to give them warning that all this is in danger That if the King may force this Parliament they may bid fare well to all Parliaments from ever receiving good by them and if Parliaments be lost they are lost their Lawes are lost as well as those lately made as in former times all which will be cut in sunder with the same sword now drawne for the distruction of this Parliament Then if they will not come to helpe the Parliament and save themselves though both they and we must perish yet have we discharged our Consciences and delivered our soules and will looke for a reward in Heaven should we be so ill requited upon Earth by those of whom we have so well deserved which we cannot feare having found upon all occasions such reall demonstrations of their love and affection and of their right understanding and apprehension of our and their common danger And in their large Declaration of the 2. Novem. 1642. pag 699. speaking of his Majesties charge in his Declaration where he compaires them to the Anabaptists mentioned in Mr. Hookers book they say if ever God shall discover the foule Authors of so false a calumny we doubt not but the Kingdome that is the universallity of the people will be very sensible of it and esteeme that they can never doe themselves right * * And if the people should doe themselves right What should become of the Earle of Manchester old Sir Henry Vaine Mr. Barw●s c. for visibly betraying their severall trusts See Englands Birth-Right c. but by bringing to condigne punishment such persons as could find in their hearts to lay so vile an aspertion upon the Parliament a name that alwayes hath and we hope alwayes shall bee of so great honour and reverence within this Kingdome And in the same Declaration pag. 728. answering his Majesties charge fixed upon them of designing the ruine not only of his Majesties person but of Monarchy it selfe And we appeale to all the world say they whether worse words then these can be given us And whether we may not justly expect the worst actions that the malice and power of the Malignant party about his Majesty can produce And whether it be not high time for us to stand upon our defence which nature teacheth * * A●ve all here expressed take notice of this speciall undenable and accued principall every man to provide for and this Kingdome unlesse it be very unnaturall and unmindfull of it selfe cannot but afford to them whom it hath intrusted and by whom it is represented Now from all the forementioned authorities and arguments of the Parliaments owne Declarations we draw these conclusions which naturally flow from them first that all Majesteriall Power in England whatever are but Offices of trust and bound up with this limitation to be executed for the good of the trusters Secondly that it is posible that all or any of the severall Majesteriall trustees may forfit their or its trust Thirdly that in case of ●orfiting the Majesterycall trust the trusters the people are disobleged from their obedience and subjection and may lawfully doe the best they can for their owne preservation but if what hath beene said be not fully cleare out of all doubt to prove the foresaid deducions We wil only ad two more proofs at present of there owne Authoryties which will put them all out of dispute the first is out a late sheet of paper newly Printed according to Order of Parliaments Intitled King Iames his Opinion and Iudgement concerning a Real King and a Tirant extracted out of his owne speech to the Lords and Commons in Parliament at White-Hall 1609. A King saith King Iames in a setled Kingdome binds himselfe to a double oath to the observation of the fundamentall Lawes of his Kingdome tacitly as by being a King and so bound to perfect as well the People as the Law of his Kingdome and expresly by his oath at his Coronation So as every just King in a setled Kingdom is bound to observe that Paction or Covenant made to his people by his lawes in framing his government agreeable thereunto according to that paction made with Noah after the deluge Gen. 9.11 therefore a King governing in a setled Kingdome leaves to be a King and degenerates into a Tyrant as soone as he leaves of to rule according to his lawes therefore all Kings that are not Tyrants or perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers Pests both against them the Common Wealth thus far King Iames out of which the Author of that sheet drawes nine inferences or conclusions the fift of which is in these words That a King governing in a setled Kingdome as the Kingdome of England is leaves to be a King so soone as he leaves of and failes to rule according to his Lawes And so leaving of to be a King the government on his part is infringed so as the people are no longer his subiects to obey him in his lawlesse government then be is their King governing them accord●ng to his Laws to the same effect is his sixt conclusion and in the last end of the seventh he hath these words That if Kings cease to be Kings setting up an absolute tyranny over the People to govern them no longer by the Lawes as free borne liege People but lawlesly as vassells and slaves then on the other side the people leaving to be subjects doe owe them no more obedience as being none of their Kings but as usurping tyrants For as a King turning Tyrant practising tyranny under the name of prerogative hath broken the bonds of the Kingdome so the subjects owe him no more duty of liege people except they will avow themselves his Slaves and so betrayers of their own and the publique liberties which ought to be more precious unto them then their ●l●ves and ●●●ds Again 8 a K●ng so degenerating into a Tyrant is by the verdict of K. Iames departed a perjured man c. perjured men as they are odious to God so they bring an execration upon a land Za. 53.4 and if so then say we wo woe woe unto poore England by reason of the perjuries of the dissembling Lords and Commons at Westminster that have laid aside the Law and troden under their feet the liberties of England And the

to be delivered in which regard they have all left the City and Parliament as dispairing in obtaining their just end at the present and are gone down into the Country truly to acquaint the rest of their friends how they have been dealt with we judge it our duty that we are so much bound to our selves and the whole Kingdome though we must truly confesse that we have no such Commission from the petitioners not their Commissioners as to publish a true Copy of their Petition and instructions which thus followeth To the right Honourable the betrusted Knights Citiz●ns and Burgesses in the Commons House of Parliament Englands legall Soveraign power Assembled The humble Petition of the Inhabitants of Buckingham-shire and Hartford-shire c. Whose Names are hereunto subscribed HVMBLY SHEWETH THat your Petitioners and the rest of the free-men of England before the beginning of this Parliament being almost destroyed of their Lawes Libertyes and Freedoms by the arbitrary machinations politick designes and practises of the Pattentee-Monopolizers and of other arbitrary supplanters and Agents which laboured to subvert the Fundamentall Constitutions of this Realme and to set up a tyrannicall Government tending to the utter vassalage and overthrow of all the free people of this Kingdome together with their Naturall Nationall and Legall Rights and Liberties God putting into our hands an opportunity to free our selves from those tyrannies and oppressions We for our better weal and happinesse chose and betrusted your Honours for the same end and purpose and to that end we have elected invested and betrusted you with our indubitable and naturall power and Birth-rights for the just and legall removall of our Nationall Evills In the expectation whereof we have waited ever since your first siting continually and cheerfully assisting you with our lives persons and estates being much incouraged thereto by the severall Protestations and Declarations wherein you have solemnly protested before the great God of Heaven and Earth and to the whole world declared your upright and well grounded resolutions to vindicate the just liberties of every Free-borne English man without exception Now therefore our most humble request unto your Honours is that you would according to your duties and the Great Trust reposed in you take into your consideration the slavish condition that we the free People of England are yet subject unto by reason of those Arbitrary practises that are still continued acted and perpetrated upon us by some prerogative men of this Kingdome whom we humbly conceive have no power over our bodies or Estates they being not Elected thereunto by the free-men of England and therefore may not Commit our bodies to prison contrary to the Fundamentall lawes of this Kingdome as we suppose hath been done to some Free-men of this Kingdome without producing any Legall Authority that your Petitioners can heare of for what they did Wherefore your Petitioners most humble desire is that you would according to the respective Appeals of the said Free Subjects unto this Supream House be pleased to take their cause into the legall judgement and speedie determination of this House as the whole matter thereof shall be reported unto you by the honourable Committee for consideration of the Commons Liberties who have their whole manner of the proceedings against them together with their respective defences ready to represent unto your Honours and to grant unto them your indubitable justice according to their late Petitionary and still constant desires whereby they may receive the Sentence of this House either for their present justification or condemnation that they may not be ruined and undone by an arbitrary and injustifiable Imprisonment And if that through the urgent affaires of the Kingdome your occasions will not afford you so much time as to consider and expedite their businesse at present Our humble request is that you would by an Order from this House forthwith set them free out of Prison they giving legall security for their future forth comming untill such time as your honours shall be pleased to hand out to them full and effectuall justice And that you would be pleased in case the principall Informers and Actors be found guilty to grant them full and ample reparations according to the Law of the Land And further that you would take care for the time to come to free us and our children from the feare and prejudice of the like A●bitrary and Prerogative proceedings according to your late promise in your most just Declaration of the 17. of Aprill 1646. And your Petitioners as in duty bound shall ever pray c. Instructions agreed upon as the sence of the Petitioners of Buckingham-shire and Hartford-shire First the persons imprisoned Lieutenant Collonel John Lilburn Mr. Overton his Wife and Brother Mr. Larners Brother and Maid c. Secondly by Prerogative-men we mean such as sit to try Commoners and are not elected by the free choice of the People viz. the House of Lords Thirdly by Arbitrary practices we meane such as are contrary to the Law of the Kingdome As first for any persons to try those their are not their Peers or Equalls witnesse Magna Charta C. 29.3 E. 1.6 Sir Edward Cookes exposition of the 14 and 29 C. of Magna Charta c. as the House of Lords have done and would have done all the above mentioned Secondly For any to imprison men for not answering to Interrogatories in Criminall Causes We must professe to all the world we are in amazement and almost at a stand when we consider that the House of Commons who are chosen and betrusted by the people for no other end in the World but to maintaine preserve and defend their Lawes and liberties and to redresse their mischiefes and grievances and to provide for their earthly happinesse and well-being book decl 1. part pag. 150. which they have so often sworn vowed protested and declared to doe that they should be so negligent in performing their trust and duty and making good their Oathes and Vowes in not doing us justice and right according to the Lawes of the Kingdome who have legally and formally long since appealed to them for that end but suffer before their faces the tyrannicall House of Lords arbitrarily and illegally to destroy us and to tread and trample under their feet the Lawes and Liberties of all the Commons of England and so by consequence make us all Vassals and Slaves to their tyrannicall lusts and wills But Considering that by natures principall we are bound to the utmost of our power to preserve our selves and to leave no wayes and meanes unattempted that tends thereunto we cannot yet sit still but goe on and the rather because our Iudges to whom we have appealed to for justice tell us in their Declaration of the 19. May 1642. 1. part book decl pag. 207 That this Law is as old as the Kingdome That the Kingdome must not be without a meanes to preserve it selfe the ground and reason of which Law