Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88212	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher.	Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662.	1649 (1649)	Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531	104,077	84

I am acquitted thereby my Lords by the Law of England from any more question about that 〈◊〉 although it should be granted I was never so guilty of it Unto which they replyed to my remembrance in these words A pox on you for a cunning subtill Rogue are you so cunning in the Law that we cannot lay hold of you here but yet for all your parts we will have you to the gallows for leavying Warr upon the traiterous commands of the Parliament against the King● And here ●aid they wee are sure the ●aw will reach you Whereupon I was immediately a●ter laid in●●●tons and brought to the Bar before the Lord Chief Justice Heath Sir Thomas Gard●ed Recorder of London c. and by Indictm●●t a●●o●ding to the rules of the Common Law a●r●igned for a traytor for levying War in Oxf●●dsh●●e against the King But my Plea to the businesse of W●stminst●r and the P●enti●●● was admitted for good law That being once judiciall●●●ed and acqui●ted I could no more be troubled therefore neith●r indeed was ● But according to the punct●li●es of the Law they gave me all the lair play in the world that the Law would allow me s●ffering me to say for my self at the Bar what I pleased releasing me of my close imprisonment and i●ons and allowed me pen ink and paper which the Jaylor kept from me upon my pleading before the Judge such usages being altogether contrary to law and that no such usage ought to be exercised in the least upon any prisoner whatsoever that w●● 〈◊〉 bea●●ly rude in his imp●●lonment and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction And truly Colonel Te●●le I shou●d be very sorry and blush for shame 〈◊〉 considering my ●●rong zeal in the Parliaments cause to see the day that the Parliament of England a● least th●se that so stile themselves that hath pretended so much righ●●●●ness and justice should be no more just to the Covaliers against whom they have fought for injustice and and oppression in denying them the benefit of the Law ●h●n they are in their power and mercy then the Kings Jadges were to me and other of your prisone●● when their lives were in their power and mercy in the hight of War and of their 〈◊〉 prosperity and yet granted us the benefit of Law in all things we claimed it in as Capt. Vivers of B●n●ury arraigned with me can witnesse as well as my self Now Sir to make application the Parliament not long since when in its po●e● it was more a●un●●ntly unquestionable then now it is after its new force cond●●●●ed CAPEL HAMBLETON HOLLAND c. to banishment for the very 〈◊〉 now to their charge an● th●refore in Justice and Law cannot a second time cause them to be adjudged to die for the ve●y same things It s nothing to me nor to the King●om for you to say that when that J●dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the pr●judice thereof for the maj●r part is Parliament or else th●re ●s no parliament Therefo●e Sir I reason thus E●ther that wherein that Judgment pass'd was a parliament or no Parliament ●if a Parliament then their judgment ●s to themselves especially was binding and the benefit of it they ought not to deny to them whose live● are cons●rved in it 〈◊〉 it were unjust in it self ●● to the Nation But if you or any other man shall say it was no Parliament as having forfeited their trust in treating with the King again and so their Judg●●nt not valid then with much more confidence say I this that now fits is no Parliament and so by consequence the High Court of Justice no Court of Justice at all and if for then to execute them upon their Judgment is absolute Murder But I would fain see that honest and valiant man in your House that du●st pretest against them for no Parliament But Sir besides this mark the consequence of it to all we Parliamenteers that have acte● under you and by vertue of your commands by these Proceedings First You have sold the Bishops Lands and given them th●● bought them as they suppose good security for their quiet enjoyment of their P●rchas●s I but within a little wh●le after part of the very same Parliament alters their mindes and being becom●th ma●or part by forcible Purgations illegall new Recruits or by any other ●ricks ●●●●vi●es and they vote all those barg●ins are unjust and the Purchasers ought to lose both ●e●r Land and M●n●y where is then that stable security of Parliaments And yet such doings would be as just as your present dealings with CAPEL c. whose preceden● 〈◊〉 a precedent for that and much more of the same nature B●t secondly The sam● Parliament that condemded Capel c. to B●nishment pass'd mul●itudes of Compositions with severall Cav●lier● as guilty of T●eason in the 〈…〉 of it ●s they And by the same rule●o● now cond●●n CAPEL 〈◊〉 after you have judged them to banishment you ●●y adjudge all the compounding C●v●●eers to ●●●ange● after you have adjudged them to composition and so put the Kingdom by 〈…〉 people desperate in an everlasting flame that never will have end bec●●se 〈◊〉 is ●o certainty in any of your proceedings but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 Thirdly and most principally it is a common maxim● in Law and Reason both and so declared by your selves 1 part Book Declarat page 281. That those that shall guide thems●lves by the judgment of Parliament ough● what-ever happen to be secure and free from all account and penalties B●t divers honest men as you now judge them ●ave acted and gu●ded themselves by the judgment of Parliament as they account y●u in taking away the King's life and y●t by your dealings with CAPEL c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very House by force or other 〈…〉 shall vote that act 〈◊〉 and all the Actors therein Traitors So that Sir if I have any judg●●n● in ●●e by his very single act towards them you shake the v●ry to●ndation of the validity of all the Parliam●nts Decrees and Judgments at once and m●ke 〈◊〉 all the Se●uri●y and ●ndemnity that those in ●q●●ty ought to enjoy that have acted by you commands a●d guided themselves by the judgment o● Parliament By mea●● of which you will finde in time you have demolished your own Bulwarks an destroyed your own Fences And for time to come for my part I shall be a tho●sand times more wary how I obey all your Commands then ever I was in my life se●ing yo● are so fickle and unstable that no man knows rationally where to find you or fixedly to what to hold you But if you shall object as some do That that judgment of B●nishment was onely in ●●ference to the peace with the King and that being broke yo● are absolved

the People can never come justly within the Parliaments cognizance to destroy which the Generall and the chief of his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedom gon through with is a thing the Generall and the chiefest of his Councel as much hates as they do honesty justice and righteousnesse which they long since abandoned against which in their own spirits they are absolutely resolved I do verily beleeve to spend their heart blouds and not to leave a man breathing in English air if possibly they can that throughly and resolutely prosecutes it a new and just Parliament being more dreadful to them then the great day of Judgement spoken so much of in the Scripture And although they have beheaded the King yet I am confidently perswaded their enmity is such at the Peoples Liberties that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead then further really a just Agreement or endure the sight of a new Parliament rightly constituted Secondly It s plain to me out of their words That they positively aver that their Agreement was presented to the Parliament before ours was published in print which I must and do here tell both the 〈…〉 Councel is the arrantest lie and falshood under the cope of he●ven for I have truely before declared and will justifie it with my life that ours 〈…〉 printed above thirty dayes before theirs was presented yea it was printed before theirs was half perfected But it is no wonder when men t●●n their backs of God of a good conscience of righteousnesse and common hon●●y amongst men and make lies and falshoods oppression and bloody cruelty their sole confidence and refuge that then they say or swear any thing all which if the Generall and his Councel had not done they would have scorned and abhorred in the face of the Sun to have affirmed and printed so many lies as in their foregoing words is literally without wresting contained Thirdly They positively hint our dissatisfaction was taken at them for presenting theirs to the Parliament which is also as false as the former 〈◊〉 1. Our dissatisfaction was above a month before declared in their open Councel by my self c. as Sir Hardresse Waller and divers others of them 〈◊〉 but justifie 2. Our dissatisfaction was long before taken upon the grounds by me before specified the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648 acco●●●●● and subscribed with my own name and fifteen more of my Co●●●es i● behalf of our selves and all our friends that sent us which we also ●●●●●ately caused to be printed And their Agreement as th●●itle of it decl●●● was not presented till the 20 of Jan. after Fourthly They say VVe used all possible means to make ours passe 〈…〉 how little successe they say is very well known If they mean we used all p●ssible means to make ours passe with them it 's true but the reason i● 〈…〉 better effect was because they had no minde to it it was too ho●●ct for 〈◊〉 and I am sure in the very Epistle to it it is declarared That the 〈◊〉 reason of the printing of it is that the people might have ●● opport●●ity 〈…〉 the equitie of it and offer their reasons against any thing therein 〈…〉 And 〈◊〉 was all the means after the printing of it we used to make it passe A●●●e we knew the Armies swords were longer then ours and would by force ●● in pieces all our endeavours that we should use against their minds and 〈◊〉 by reason of the peoples cowardlinesse and therefore we let ours rest and were willing to sit still to see them perfect theirs and never did any thing in it since amongst the people to make it passe that I know of Fifthly They say VVe were troubled at their doing their d●ty in 〈◊〉 to authority and ow●ing the Parliament a● the Supr●m● Authoritie of the 〈◊〉 When as alas it is as visible as the Sun when it shines in its glory and splendour That CORAH DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are 〈…〉 Anabapt●●●s at M●ns●er with JOHN of LEYDON and NEPERDULLION were never more conte●●●ers of Authority nor JACK STRAW nor WAT TILER nor all those faomous men mentioned with a black pen in our Histories and called Rebels and Trayt●rs can never be put in any seale of equ●ll balance for all manner of REBELLIONS and TREASONS 〈◊〉 all sorts and kindes of Magistracy with the Generall and his Councell And I will under take the t●●k upon my life to make good every particular of this I 〈◊〉 say to the G●●●●l's face For did any or all of them 〈◊〉 mentioned 〈…〉 against their Advancers Promotors and C●eators as those have done two severall times Did ever any or all of them chop off without all 〈◊〉 of Law a KING's and NOBLES HEADS r●vish and 〈◊〉 a Parliament twice nay raze the foundation of a Parliament to the ground and under the notion of performing a trust break all Oathes Co●●●●nts Protestations and Declarations and make evidently void all the declared ends of the War which was one of Strafford's principal Treasons and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him pag. 9. 11. and under pretence of preserving their Laws Liberties and Freedoms destroy annihil●te and tread under their feet all their Laws Liberties Freedoms and Properties although they could cite against S●r●●ord the precedent of Tri●●lian chief Justice who lost his life for delivering of opinions for the subversion of the Law as S. John's Argument of Law against him pag. last but one declares yea and against the Ship-money Judges and also the Precedent of Judg Belknap in King Richard the Second's time who was by the Parliament banished for but subscribing an opinion against Law though forc'd by a dagger held to his brest thereto yea and ci●e also the preced●nt against him which was against Justice Thorp in Edward the Third's time who was by the Parliament condemned to death for bribery the reason of which Judgment they say was because he had broken the Kings Oath that solemn and great Obligation as Mr. Pym ibid. calls it which is the security of the whole Kingdom All which forementioned either with pen or tongue by dispute I wil particularly maintain and make good upon my life publickly before the face of the Kingdom against the stoutest and ablest of their Champions in all their pretended Churches of God either Independent or An●baptistical and that they are altogether unsavoury salt good for nothing but to be abominated and thrown out to the dunghil as fit for nothing but the indignation of God and the peoples wrath And as for their stiling this their own J●●to the supreme Authoritie I know the time not long since when that

justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances when the trust is perver●●d to the quite contrary end to the increase of mischiefs and grievances yea to the subversion of Laws and Liberties I am sure Mr. Pym by their command and order told the Earl of Strafford so when he objected the like and that he was the King's Counsellor and might not be questioned for any thing he advised according to his conscience But ●aith Mr. Pym pag. 11. He that will have the priviledge of a Counsell●●r must keep within the just bounds of a Counsellour Those matters are the p●oper subjects of Counsel which in their times and occasio●s may be good or beneficiall to the King or Common-wealth But such Treasons a● th●se the subversion of the Laws violation of Liberties they can never be good or justifiable by ●ny circumstance or occasion and therefore saith he his being a Counsellour makes his fault much more 〈◊〉 o● being committed against a GREATER TRUST And in pag. 12. he answers another excuse of his which was That what he did he did with a good intention It s true saith Mr Pym Some m●●ers ●●●tfull and dangerous may be accompanied with such circumstances as may m●ke it appear usefull and convenient and in all such cases good intention will justifie 〈◊〉 ●●unsell But where the matters propounded are evill in their own nature such a● the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH to sub●ert Laws and Government they can never be justified by any intentions h●● specious or good s●●ver they pretended And that they have perverted the ends of their Trust more then eve● Str●●●ord did I ●●●ll instance at present but in 3 parti●●lars the main 〈◊〉 of their 〈…〉 the People ●f their grievances and what their Grievances were 〈…〉 in the Parliaments first Re●●●strance of the st●te of the Kingdom First destruction of 〈◊〉 Trades by Monopolize c. Secondly exhausting of their estates to maintain and promote pernitious designes to their destruction Thirdly their essentiall Liberties 〈◊〉 Freedoms quite destroye● Where is the remedy now hath not the Parliament contraty to that excellent Law against Monopolize of the 21 Jame Chap. 3. of 〈◊〉 erected Monopolise by O●dinances Orders and Votes although in the first month of your sitting you made Orders to throw down Monopolizers out of your House as particularly Whale Oyle White sine Wyer Ty●n with many others yea a●d co●in●ing of the old Mon●polies Merchants Companies that Trade beyond se●● yea and set up for 〈◊〉 that Monopoly of all Monopolies the Excise the bare endevouring of which they call●● unjust and pernitious attempt in the King in the fore-mentioned Declar. pag. 6. And then for exhausting of their estates the King did it by a little Shipmony and Monopolies c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did as particularly 1 By Excise 2 Cont●tbu●ions 3 Sequestrations of lands to an infinite value 4 Fifth P●ts 5 Twenty parts 6 Meal●n●ony 7 Sa●le of plundered goods 8 Loanes 9 Benevoknces 1● Collections upon their sost dayes 11 New Impositions or Customes upon Merchandse 12 〈◊〉 maintained upon the charge of p●●●ate men 13 Fifty Sub●dies at one time 14 〈◊〉 with Delinquents to an infinit● value 15 Sale of Bishops Land● 16 Sale of D●a● and Chapters Lands and now after the wars are done 17 Sale of King Queen Prin●e Duke and the rest of the C●ildrens revenue 1● Sa●le of their r●ch goods which cost an infinite sur●●● And 19 To conclude all a t●x●tion of ninety thousand pound a mo●th and when they have gathered it pretendedly for the Common-wealthes use divide it by thousands and ten thousands apeece amongst themselves and wipe their mouths after it like the impudent Ha●●ot as though they had done no evill and then purchase with it publique lands at small and triviall values O Brave Trustees that have protested before God and the w●r●d againe and againe in the day of their st●aits they would never seck themselves and yet besides all this 〈◊〉 all the chiefest and profit●blest p●aces of the Kingdom ●mongst themselves And then thirdly what regulating of Courts of Justice and abridging of delayes and charges of Law 〈◊〉 have they performed as in their first Remonstrance they promised Nay are they 〈◊〉 worse then they were before the wars and besides then High-Comm●ssion Star-Chamber and Counsel board were all downe and have they not now made a Star-Chamber High-Commission and Councel-Board of most of their petty Committees but most dreadfull ones of the House and their New-Councel of State as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment and cruel close imprisonment Thirdly Nay have we at all any Law left Master Peters your grand Teacher 〈◊〉 lately to my face we have none but their meer wils any pleasures saving Fell●●s La●● or Ma●tiall law where men-Butchers are both informers Parties Jury-men and Judges who have had their hands imbr●ed in bloud for above this seven yeares together having served ●●●●●●t●ship to k●lling of men for nothing but mony and so are mo●e bloudier then Butchers th●● 〈…〉 and calve for their own livelihood who yet by the Law of England are net 〈◊〉 ●●●● of any Jury fa●l●se and death because they are conversant in shedding of bloud of beasts 〈◊〉 thereby through a habit of it may not be so tender of the blood of men as the 〈◊〉 ●f England ●eason and Justice would have men to be Yea do not these men by their swo●●● being but servants give what law they please to their Masters the pretended Law-makers of your house now constituted by as good and ●egall a power as he that r●b● or kil●s a man upon the high-way But to conclude this tedious point I shall end it with such an Authority as to th●● ruling men in your House must needs knock the Nail on the ●ead and that is with the Declaration of the Army Your Lords M●sters L●w givers and 〈◊〉 who in their most excellent of Declaratrons of the 14 of June 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom page 40 41 42. of their book of Declarations after they have sufficiently cryed out of Stapleton and his party for abusing deluding and over-swaying the house from their true end for which they were assembled together say thus But yet we are so far from designing or complying to have an abso●ute or arbitrary power fixed or settled for continuance in any persons whatsoever a● that if we might be sure to obtain it we 〈◊〉 wish to have it so in the persons of any whom we could must confide in or who should appear mo●● of our own opinions and principles or whom we might have most personall assurance of or interest in b●t we do● and