Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	lord_n	treason_n	2,059	5	9.0913	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88227	The oppressed mans oppressions declared: or An epistle written by Lieut. Col. Iohn Lilburne, prerogative-prisoner (by the illegall and arbitrary authority of the House of Lords) in the Tower of London, to Col. Francis West, lieutenant thereof in which the oppressing cruelty of all the gaolers of England is declared, and particularly the lieutenants of the Tower. As also, there is thrown unto Tho. Edwards, the author of the 3d. ulcerous gangræna, a bone or two to pick: in which also, divers things are handled, of speciall concernment to the present times.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2149; ESTC R202786	33,231	28

power of Parliaments and in the Assemblies exhortation to take the solemn League and Covenant and other Presbyterian bookes licenced by publicke authority and others fold without controule there be not more said to justifie and maintaine that which Gangraena calls Utoplan Anarchy then in any bookes whatsoever published by these be calls Sectaries Thirdly whether or no that out of my owne words in my booke called INNOCENCY AND TRVTH IVSTIFIED there can any thing be drawn to iustifie the Lords in that which now I condemne them in as Gangraen a affirmes pag. 159. 148. For the first see what the 29. Chapter of Magne Charta saith No free-man shall be taken or imprisoned or be disseised of his free hold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor wee will not passe upon him nor condemn him but by lawfull judgement of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no Citie Borough nor Town nor any man be amerced without reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his free hold a Merchant saving his Merchandise a villain saving his waynage and that by his or their Peers Now here is the expresse Law of the land against the Lords jurisdiction over Commons in criminall cases Now in the second place let us see what one of the ablest expositors of the Law that ever writ in England saith of this very thing and that is Sir Edward Cooke in his exposition of Magna Charta 2. part institutes which booke is published by two speciall orders of the Present Houser of Commons as in the last page thereof you may read who in his expounding the 1● Chapter of Magna Charta pag. 28 saith Peers sign●…e E●…lls and pag. 29. be saith the generall div●sion of persons by the Law of England is either one that is noble and in respect of his nobility of the Lords House in 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 Barrons and yet all of them are comprehended within this ward PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens Yeomen and Burgesses of sever all degrees and yet all of them of the COMMONS of the Realme and as every of the Nobles is one Peere to another though he be of a sever all degree so is it of the Commons and as it bath been said of men so doth it hold of Noble-women either by birth or by marriage but see hereof Chap. 29. And in Chap. 29. pag 46. Ibim he saith no man shall be disseised that is put out of season or disposed of his freehold that is Lands or livelihood or his liberties or free Customes that is of such franchises and freedomes and free Cusiomes as belong to him by his birth-right unlesse it be by lawfull judgement that is verdict of his equalls that is men of his owne condition or by the law of the Land that is to speak it once for all by the due course and processe of Law No man shall be in any sort destroyed to distroy id est what was first built and made wholly to overthrow and pull down unlesse it be by the verdict of his equalls or according to the law of the Land And so saith he is the sentence neither will wee passe upon him to be understood but by the judgement of his Peers that is equails or according to the Law of the Land see him pag. 48. upon this sentence per judicium Pacium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peers cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Reco●r Office in the Tower I had this which followes from under the hand of Mr. William Collet the Record-Keeper Out of the Roll of the Parlament of the fourth yeare of Edward the third The First Roll Records and Remembrances of those things which were done in the Parliament summoned at Westminster on Munday next after the Feast of Saint Katherine in the yeare of the reigne of King Edward the third from the Conquest the fourth delivered into the Chancery by Henry de Edenstone Clerk of the Parliament THese are the Treasons Felonies Wickednesses The judgement of Roger de Mortimer done to our Lord the King and his people by Roger de Mortimer and others of his confederacie First of all whereas it was ordained at the Parliament of our lord the King which was held next after his coronation at Westminster that four Bishops four Earles and six Barons should abide neere the King for to counsel him so alwayes that there may be foure of them viz. one Bishop one Earle and two Barons at the least And that no great businesse be done without their assent and that each of them should answer for his deeds during his time After which Parliament the said Roger Mortimer not having regard to the said assent tooke upon himselfe Royall power and the government of the Realme and encroacht upon the State of the King and ousted and caused to be ousted and placed Officers in the Kings House and else where throughout the Realm at his pleasure of such which were of his minde and placed John Wyàrd and others over the King to espy his actions and sayings so that our Lord the King was in such manner environed of such as that hee could not doe any thing at his pleasure but was as a man which is kept in ward Also whereas the Father of our LORD the KING was at Kenilwarth by ordinance and assent of the Peers of the Land there to stay at his pleasure for to be served as becommeth such a Lord the said Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that he was sent to Rarkly Castle where by him and his he was traitorously and falsly murthered and slain But that which is this to my purpose is Roll the second being the judgement of Sir Samon de Bereford which verbatim followeth thus The Second Roll. ALso in the same Parliament our Lord the King did charge the said Earles and Barons to give right and lawfull judgement as appertained to Simon de Bereford Knight who was aiding and counselling the said Roger de Mortimer in all the treasons felonies and wickednesses for the which the âforesaid Roger so was awarded and ajudged to death as it is a known and notorious thing to the said Peers as to that which the King intends The which Earles Barons and Peers came before our Lord the King in the same Parliament and said all with one voice that the foresaid Simon was not their Peer wherefore they were

not bound to judge him as a Peer of the Land But because it is a notorious thing and known to all that the aforesaid Simon was aiding and counselling the said Roger in all the treasons felonies and wickednesses abovesaid the which things are in usurpation of Royall power Murther of the Liege Lord and distruction of Blood-Royall and that he was also guilty of divers other felonies and Roberies and a principall maintainner of Robbers and felons and the said Earles Barons and Peers did award and adjudge as judges of Parliament by the assent of the KING in the same Parliament that the said Simon as a Traytor and enemy of the Realm be drawn and hanged And thereupon it was commanded to the Martiall to doe execution of the said judgement The which execution was done and performed the Munday next after the Feast of St. Thomas the Apostle In the same Roll. And it is assented and agreed by our Lord the King Agreement not to bee drawn into example and all the Grandees in full Parliament that albeit the said Peers as Judges of Parliament took upon them in the presence of our Lord the King to make and give the said judgement by the assent of the King upon some of them which were not their Peers and that by reason of the murther of the Liege Lord and distinction of him which was so new of the blood-Royall and Sonne of the King that therefore the said Peers which now are or the Peers which shall be for the time to come be not bound or charged to give judgement upon others then upon their Peers nor shall doe it But let the Peers of the Land have power but of that for ever they be discharged and aquit and that the aforesaid judgement now given be not drawn into example or consequent for the time to come by which the said Peers may be charged hereafter to judge others then their Peers against the Law of the Land if any such case happen which God defend Agreeth with the Record William Colet It is the saying of the spirit of God Eccle. 4.9.12 two are better then one and a threefold cord is not easily broken so that to prove my position true for all the Rabsh●ka Language of Gangraena I have first the fundament all Law point blank on my side and secondly the judgement of on of the ablest Lawyers that ever writ in England and his Iudgement authorised as good and sound by the present House of Commons to be published to the view of the whole Kingdome and thirdly the Lords owne confession for if you marke well the two last lines of the fore-cited record you shall find they ingeniously confesse and declare that it is against the Law of the Land for them to judge a Commoner and for further confirmation of this read Vox Plebis pag. 18 19. 36. 37 38. 39 40. 41 42 44 45. But if the Vicerous Gangraena please to read a late printed booke called Regall tyranny discovered he shall find that the Author of that Book in his 43 44 45 46 47 86. pages layes downne many strong a guments to prove That the house of Lords have no legislative power at all And in his 94. 95 96. 97 pages he declares and proves That before Will the Conquerer subdued the rights and Priviledges of Parliaments that the King and the Commons held and kept Parliaments without temporall Lords Bishops or Abbets The two last of which he proves had as true and goed right to sit in Parliament as any of the present Lords now sitting at westminster either now have or ever had For the second thing which is Whether or no there be not in the present Parliaments Declarations and in the Assemblies exhortation to take the Covenant and in Mr. Prynns Soveraign power of Parliaments and other Presbyterian books publickly licenced and others sold without controll as much if not more said to set-up or maintain that which Gangrena cals Vtopian Anarchy then in any Books what ever published by those he calls Sectaries And I averre it positively There is and shall joyn issue with Gangraena to prove it in every particular Therefore let him publish an exact Catalogue of any of our Positions when he pleaseth and I doubt not but to make it evident that it cannot justly by them be counted any vice in us to tread in their steps especially seeing they have accounted them so full of piety truth and honesty as they have done Now first for the Parliaments Declarations read but the Kings answers to them and you shall easily see he layes it as deeply to their charge of endeavon ring to set up Anarchy as Gangraena doth either to mine or Mr Overtons yea and instances the particulars and tells them plainly The Arguments they use against him will very well in time serve the people to turn against themselves And as for Mr. Prynnes Soveraigne power of Parliaments I never read more of that Doctrine in any Book in all my life that Gangraena so much condemnes in me c. then in that very Book which is licenced by Mr White a member of the House of Commons and in his dayes as stiffe a Presbyterian as Gangraena himselfe See his 1. part Sover pag. 5 7 8 9 19 26 29 34 35 36 37. But especially 42 43 44. 47 57 92. And 2. part pag. 41 42 43 44 45 46. and 73 74 75 76. and 3. part 11 12 13 14 15 16 17. and 61 62 63 64 65. and 131 132 133. And 4. part pag. 10 11. 15 16. See his Appendix there unto pag. 1 2 3 4 5. 11 13 13 c. Besides these see the first and second part of the Observations Maximes unfolded the case of Ship-money briefly discoursed A new Plea for the Parlement A fuller Answer to a Treatife written by Dr. Fern with divers others Now for the third thing which is the tyrumph Gangrena makes in his 3 part Gangrena pag. 1●8 which is that in my Book called Innocency and truth justified which I published the last yeare 1645 I give that to the Lords which now I in 1646 in many wicked Pamplets would take a way from them such new light saith he hath the successe of the new modell and the recruit of the house of Commons brough to the Sectaries Well! will the man stand to this if hee will then I desire the impartiall Reader to judge betwixt us and turne to the 11 12. 36 37. 74 pages of that Book in which pages is contained all that any way makes to his purpose or esle turne to the 157 pag. of his book and see if in all my words there quoted by him there is any thing that carryes the shaddow of giving that to the Lords that now I would take from them for there I am areasoning with Mr Pryn or the House of Commons not upon my principles but their own And therefore I say a Committee of the House of Commons is not the