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A88195 An impeachment of high treason against Oliver Cromwel, and his son in law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close prisoner in the Tower of London, for his real, true and zealous affections to the liberties of his native country. In which following discourse or impeachment, he engageth upon his life, either upon the principles of law ... or upon the principles of Parliaments ancient proceedings, or upon the principles of reason ... before a legal magistracy, when there shal be one again in England ... to prove the said Oliver Cromwel guilty of the highest treason that ever was acted in England, and more deserving punishment and death then the 44 judges hanged for injustice by King Alfred before the Conquest; ... In which are also some hints of cautions to the Lord Fairfax, for absolutely breaking his solemn engagement with his souldiers, &c. to take head and to regain his lost credit in acting honestly in time to come; ... In which is also the authors late proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard ... his late actions or writings in any or all his books. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2116; Thomason E568_20; ESTC R204522 95,549 77

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upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their ●●ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Tris●lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to
AN IMPEACHMENT OF HIGH TREASON AGAINST Oliver Cromwel and his Son in Law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publique view by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London for his real true and zealous affections to the Liberties of his native Country In which following Discourse or Impeachment he engageth upon his life either upon the principles of Law by way of indictment the only and alone legall way of all tryals in England or upon the principles of Parliaments ancient proceedings or upon the principles of reason by pretence of which alone they lately took away the Kings life before a legal Magistracy when there shal be one again in England which now in the least there is not to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England and more deserving punishment and death Then the 44 Judges hanged for injustice by King Alfred before the Conquest or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or then Judg Thorpe condemned to dye for Bribery in Edw. 3. time Or then the two dis-throned Kings Edw 2. and Rich. 2. Or then the Lord chief Justice Tresillian who had His throat cut at Tyburn as a Traitor in Rich. 2. time for subverting the Law and all his associates Or then those two grand Traytorly subverters of the Laws and Liberties of England Empson and Dudley who therefore as Traytors lost their heads upon Tower-hill in the beginning of Henr. 8. raign Or then trayterous Cardinal Wolsey who after he was arrested of Treason poysoned himself Or then the late trayterous Ship-Money Judges who with one Verdict or Judgment destroyed all our propertie Or then the late trayterous Bishop of Canterbury Earl of Strafford Lord-Keeper Finch Secretary VVindebanck or then Sir George Ratcliff or all his Associates Or then the two Hothams who lost their heads for corresponding with the Queen c. Or then the late King Charls whom themselves have beheaded for a Tyrant and traytor In which are also some Hints of Cautions to the Lord FAIRFAX for absolutely breaking his solemn Engagement with his souldiers c. to take head and to regain his lost Credit in acting honestly in time to come in helping to settle the Peace and Liberties of the Nation which truly really and lastingly can never be done but by establishing the principles of the Agreement of the F●●● People that being really the peoples interest and all the rest that went before but particular and selvish In which is also the Authors late Proposition sent to Mr Holland June 26. 1649. to justifie and make good at his utmost hazard upon the principles of Scripture Law Reason and the Parliaments and Armies ancient Declarations his late actions or writings in any or all his Books Ier. 5.26 27 ●8 29. For among my peoyle are found wicked ●en they lye in wait as he that setteth snares they set a trap they catch men As a cage is full of Birds so are their houses full of deceit therefore they are become great and waxen rich They are waxen fat they shine yea they overpass the deeds of the wicked they judg not the cause the cause of the Fatherless yet they prosper and the right of the needy doe they not judg Shall I not visit for those things saith the Lord Shall not my soul be avenged of such a Nation as this Imprinted at LONDON Anno Dom. 1649. The Author to the Courteous Reader COurteous Reader There wanting room at the conclusion of this Discourse to make a Postscript I am necessitated to make it upon the back of the Title page that being the last printed and to acquaint thee that divers weeks agoe this discouse was all in a manner printed which I have been necessitated to keep in ever since by reason of a little liberty I obtained of the day time to visit my sick and distressed family which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse with the bowels of a loving father yea in afflictions his seeming frowns hath that end in them to draw the souls of his nigher and closer to himself and that thereby they may truly and substantially see that in the naked injoyment of himself that is not to be found in all earthly or creature objects or delights and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me who were the greatest part of my earthly delight in this world and brought my wife and daughter even to deaths door which affliction I must truly acknowledge made me unfit to think almost of any earthly thing and became unto me a greater tryall of my dependence upon God then ever I had in my life especially being not alone by my self but a company like Jobs with many other bitter ones but my sweet father letting me see his hand in it and being merciful to me in sparing and recovering my wife and daughter and hath as it were brought my spirit to its selfe which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self and which if it had come I had burnt this discourse in whose promises I constantly find nothing but meer delusions and therefore am compelled in my own spirit to let this fly and the rather because Sir Arthur Ha●●erig and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l of my estate in the North but also most maliciously detaine it in their hands and are so resolved to do which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive whose wickednesse in this particular c. I have hinted at in the following discourse pag 6. 8. as also in the 12 page of the late second edition of my Book Entituled The legall Fundamentall Liberty of the People of England revived the 2 last pages of which I also intreat the Reader carefully to peruse which with other grand oppressions both general and particular remaining upon me in severall particulars and also seing no rationall hopes of any just composure I am resolved being I am in manner a weary of any thing I can see abroad through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression cruelty tyranny and blood-thirstines and so I rest this present August 1649. as much as ever IOHN LILBURN To all the Affectors and Approvers in England of the London Petition of the eleventh of September 1648. but especially to the owners of it by their subscriptions either to it or any other Petition in the behalf of it and particularly to the
to speak So preparing for the journey I arrived with other of my friends at Westminster and being not long at the House door where was many friends come downe from London and Southwark to hear and see how things went I addressed my self to the Sergeant of the House to let him know I was there to tend upon the Houses pleasure And he immediately after came out with his Mace and CALLED FOR Mr. MASTERSON THE JUDAS PRIEST and my selfe so in we went and also the Lieutenant of the Tower as my guardian and having given them that due respect that I conceived is due unto their just and true authority though I owe little or none unto the persons that sat there by reason of their grosse abusing and most abominable of their righteous authority the thing that passed so near as my memory to the utmost punctilio will serve me I shal faithfully relate unto you Upon our comming to the Bar where both my lying accuser and my selfe stood the Speaker stept up in his Chaire and commanded Mr. MASTERSON in the name of the House of Commons to give them again a narrative of what he yesterday declared to them So he very formally begun and spoke as freely as if he had learned his Lesson without book and truly I could not but stand amazed at the mans impudence that he durst with so much confidence tell so many lies as he did But giving not much regard unto his accusation to treasure it up in my memory being resolved before hand to take no cognizance of his verball impeachment which in Law was nothing I fixed my mind very seriously upon the Lord Jehovah my old experienced refuge strength and support and was a wrestling with him for the incomes of his own self that so I might speak freely and boldly in his might and power if it were possible to the amazement and terrour of his enemies amongst those that should hear me divers of whom I was confident would lye in wait to catch and intrap me And now and then the House in my apprehension being very full I cast my eie about me to look upon the countenances of the Members and to observe their behaviours most commonly fixing my eie stedfastly upon the Speaker in the Chair Who assoon as he perceived Mr Masterson had done beckoned his hand unto me as I conceived to have me answer the Priest but I stood still and took no notice of his beck at last he wished me to say what I could answer for my self unto it whereupon pausing a little after a congey made unto him I opened my mouth to this effect Mr Speaker I desire in the first place to premise this That I look upon and own this honourable House in its constitution and power as the best legallest and justest interest power and authority that is established in this Kingdom or that all the Commons of England visibly hath for the preservation of their lives liberties and estates And I doubt not but so to speak unto you and so to behave my self before you this present day as thereby to demonstrate to you that I am an honourer an owner and a prizer of this greatest English authority and interest in which as a free Commoner of England I have a little share And therfore if this honourable House please to afford me Paulis PRIVILEDGE that he enjoyed amongst the Heathen and Pagan Roman Governours or Magistrates which was to hear him speak freely for himself before they would condemn him Which liberty and priviledge I freely and largely enjoyed at the hands of the Cavalier Judges at Oxford when I was arraigned in irons before the Lord chief Justice Heath and Sir Thomas Gardiner late Recorder of London for drawing my sword and at your comand adventuring my life for the great interest of the Kingdom involved and single represented in this honourable House in the destruction of which it perisheth who before all the City and Country then assembled in Guild-hall in Oxford gave me free liberty without the least interruption to say what I pleased and to plead for my life in the best manner that all those abilities God had given me would inable me * The enjoyment of which was but my right by Law as appears remarkably in the third part of Cooks Institutes fol. 29. 137. 230. to do The which priviledge and legall and naturall right if you please to grant me I shall speak freely WITH THIS PROTESTATION AND SALVO That I do not speak nor answer out of any dutie or tie that lies upon me by LAW FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING under the hand or hands of him or them that chargeth and in that form that the Law requires and proceeded in according to the form of the Law of the Land expressed in the 29 Chapter of the great Charter and these Laws which expound it which are mentioned † Which you may at large read in my plea before Mr Corbet recorded in the 8 9 10 pages of it being called The Resolved mans Resolution and Mr John Wildmans notable defence against Masterson called Truths triumphs pag 2. 11 12 13 14. and my late Book of June 8. 1649. entituled The Legall Fundamentals c. p. 6 7 8 9. and nominated in the Petition of Right Which this pretended Vergall charge is not in the least And indeed Mr Speaker in Law it is no charge at all neither in the way this Informer is in can I well have any remedy against him in case he abuses me for as I understand if he tell twenty lies against me I cannot punish him but if he maliciously swear one against me I have his ‖ See Sir Edward Cooks 1 part Institutes fol. 294. b. and 3 part chapt Conspiracy is very remarkable fol. 143. ch Perjury fol. 163 164 165 166. and 4 part fol. 66. ears as my mercy c. therfore a Betraier of my Liberties I should be if I should look upon it as any charge at all and in that consideration return an answer to it and therfore again saving unto me the rights and priviledges of an English man which is to be tried by no other rules or methods for any reall or pretended crime whatsoever then what is declared by the known established and declared Laws of England nor by nor before any other Authority or Magistracy then what the Law hath authorized to be the executors * Which I am sure the House of Commons are not in the least See my Book called The Peoples prerogative p. 40. 41 72 73. and my Book called The Laws Funerall pag. 15 16. And my second Edition of my Picture of the Councel of State pag. 7 8. And my Book of the 8 June 1649. entituled The Legall Fundamentall Liberties of the People of England revived pag. ● 16 17. And Mr Wildmans Truths Triumph pag. 2. 17 18. And the Laws subversion or Sir John Maynards case stated pag. 33 34 35 36.
one white cloath in ever tenne * The Statute of 8 Eliz. Chap. 6. that the Merchant Patentee Monopolizers commonly called the Merchant Adventurers sends into the Low-Countries and Denmarke but now by reason that the chiefest of that Law Liberty and Trade-destroying Monopoly are Commissioners of the Custome-House which in justice equity and reason no Trading Merchants whatever never ought to be they are deprived of their right in that particular and crush'd in pieces with potency and great purses whereas in the time of so exceeding great decay of Trade it were more just and necessary to enable them to dresse the other nine to set their poor families at work many of which are ready to starve then to take one piece of the tenth Cloath from them Mr. Speaker All these things with many more that then were minded represented the miseries of this Kingdom very sad and great and made the present Speaker there conclude That if War did come amongst us of necessity Famine would follow and that would occasion all the poor people all over England to rise confusedly in hurly burly and to cut the throats of their rich neighbours to get their riches to buy them bread to keep them alive and whether or no they might not as soon fall upon us that they looked upon as Round-heads Independent Sectaries c. and so destroy us for our cordial and faithful adherence to the Parliament whom now the most of them looked upon as those that had brought all their evils and miseries upon them From all which considerations it was Mr. Speaker with earnestnesse pressed vigorously to promote this Petition all over the Kingdom as the onely means to heal and cure all our diseases and maladies the things therein contained being so just in themselves that none but those that desired to be absolute Tyrants could speak against them the obtaining of which would settle peace and quietnesse amongst us and so cause Trade again to flourish And Mr. Speaker to presse this nail home to the head I do confesse that I further added that if such a generall confusion as before is spoken of should arise it would then I was confident of it be greater security from the rage of the rude multitude to be known to be a vigorous prosecutor of this gallant just and righteous Petition that did as much concern their good as our own then to wear a blue Ribbon in our hats And truly Mr. Speaker I may now with my pen add this That blue Ribbons being Sir Thomas Fairfax his Colours who now with his Army are the grand and strong protection of all those that march under his Colours under which whosoever shall come may probably think to have safety yet I was of opinion and still am That publick knowledge of a vigorous and strong acting in so transcendent gallant and just a Petition as this is in the day of a feared universall storm in England will be of greater security and protection then to be one of Sir Thomas Fairfax his Army and to wear his Colours of blue Ribbons in his hat for the Kingdom generally look upon the Souldiers now as their oppressors and destroyers of their Laws Liberties and Properties but the promoters and procurers of the just things contained in this Petition cannot chuse but be looked on by them as the repairers of their breaches and the restorers of their Laws and Liberties Mr. Speaker When we were coming away there was one of the company said That he heard a rumour abroad as if the Lords had offered me a large sum of money so I would desist from prosecuting this large Petition he therefore desired me to give him a true account whether this report were true or no. Unto which I answered to this effect That it was not true but it was possible it might arise from the report of some Messages I lately had received from the Lord WHARTON And Mr. Speaker for that particular I told him to this effect That not long since there came a Gentleman of some quality and a man I look upon as an ingenuous man to my lodging in London and told me before two other Gentlemen friends of mine to this effect That my Lord Wharton remembred his respect unto me who he told me he was very confident was my very good friend and would willingly serve me and that he did beleeve cordially in any thing that lay within his power and who as he told me did very much consider my long suffering condition by reason of which he did beleeve money was not very plentifull with me and therefore he was come from him to let me know that he hath in readinesse a very considerable token for me which he would send me if he thought it would not be scorned but accepted in love and respect Unto which after a little pause I answered to this effect That I desired him to present my service to his Lordship and from mee to thank him for his civility and courtesie towards me But f●r me to receive his money I could not in the least do it because for me who professed ingenuity and abhorred ingratitude as a most dishonourable thing in any man whatsoever to receive his money it must needs to me become an obliging engagement and tie me one way or another to studie how to requite it which truly I told him to his Lordship as he was now a Patentee prerogative Lord and exercised a Legislative and arbitrary power by vertue thereof which I looked upon as altogether destructive to the very being of the Liberties and Freedoms of the Commons of England I could not in the least do it but was absolutely resolved to professe open War with his arbitrary Prerogative-Lordship as long as I had breath in my body and never to be reconciled unto it And therefore in short tell his Lordship from me that if I were in such great straits that I had not one penny in all the world nor knew not where to borrow it to buy me my Wife and Children bread to save us alive and if in this great strait his Lordship as he now is should send me ten thousand pounds in gold I would scorn to accept or let my fingers so much as touch one peece of it or that any that belonged to me with my consent should do it for me But I desired him to tell his Lordship from me that if he pleased to throw away his arbitrary tyrannical pattentee Lordly power which was and would be the ruine of this Kingdome and would put himself upon the affection of his Countrey to be chosen a Knight of a Shire as a well-deserving Englishman I should then honour him and be willing and ready to accept of the meanest token that he should send me though it were but Five shillings and judg my self obliged to serve him and should readily doe it yea in preserving his reall propriety in his great estate unviolably yea and the title of his Honour hereditary