Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n john_n lord_n richard_n 7,530 5 9.7014 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 2 snippets containing the selected quad. | View lemmatised text

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
See Sir Edward Cook in his 1 part Inst l. 3. c. 13. Sect. 701. fol 368. Where he positively declares it was the native and ancient rights of all Englishmen both by the Statutes and common Law of England to pay no Fees at all to any administrators of Justice whatsoever See also 2 part Inst f. 74 176 209 210 and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office because he should be free and at liberty to doe justice and not to be fettred with golden Fees as setters to the subversion or suppression of truth and Justice Right be restored to us which is now also the price of our blood that in any Court whatsoever no moneys be extorted from us under pretence of Fees to the Officers of the Courts or otherwise And that for this end sufficient salaries or pensions be allowed to the Judges and Officers of Courts as was of old out of the common Treasury that they may maintain their Clerks and servants and keep their Oathes uprightly wherein they swear to take no Money or cloaths or other Rewards except meat and drink in a small quantity besides what is allowed them by the King and this we may with the more confidence claim as our Right seeing this honorable House hath declared in case of Ship-money and in the case of the Bishops Canons that not one penny by any power whatsoever could be levyed upon the people without common consent in Parliament and sure we are that the Fees now exacted by Judges and Clerks and Jaylors and all kinde of Ministers of Justice are not setled upon them by Act of Parliament and therefore by your own declared principles destructive to our property (s) (s) See the Articles of high Treason in our Chronicles against Judg Tresilian in Richard the seconds time and the judgment of Iustice Thorpe for taking money in Edward the Third● time 3 part Cooks Instit fol. 145 146 147 163 164 165. therefore we desire it may be enacted to be death for any Judge Officer or minister of Justice from the highest to the lowest to exact the least moneys or the worth of moneys from any person whatsoever more then his pension or salary allowed from the common Treasury And that no Judg of any Court may continue above three years 7. That whereas according to your owne complaint in your first Remonstrance of the (t) (t) See 1 part Book Dec. p. 9 state of the Kingdom occasion is given to bribery extortion and partiallity by reason that Judiciall places and other Offices of power and Trust are sold and bought that therefore for prevention of all injustice it be forthwith Enacted to be death for any person or persons whatsoever directly or indirectly to bay or sell or offer or receive moneys or rewards to procure for themselves or others any Office of power or Trust whatsoever See for this purpose 12 R 2. c. 2. 5. 6 Ed 6. c. 16. 1 part Cooks Institutes fol. 3●6 fol. 233 b. and 234 a. 8. Whereas according to Justice and the equitable sense of the Law Goals and Prisons ought to be only used as places of safe custody untill the constant appointed time of speedy tryals (u) (u) See Sir Ed. Cook 1 part Instit l. 3. c. 7. sect 438. fol. 260. a. who expresly saith Imprisonment must be a safe custody not a punishment and that a prison ought to be for keeping men safe not to punish them See also 2 part Institut f 43. 315. 589. 590. 591. 3. part fol. 3● 35. 4 part 168. and now they are made places of torment and the punishment of supposed offenders they being detained many years without any Legall tryals that therefore it be Enacted that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions Assizes or Gaol-delivery after his commitment (w) (w) See the Statute of the 4 E. 3 2. 12 R. 2. 10. and that at such tryal every such supposed offender be either condemned or acquitted 9. Whereas Monopolies of all kindes have been declared by this Honorable House to be against the fundamentall Lawes of the Land and all such restrictions of Trade doe in the consequence destroy not only Liberty but property that therefore all Monopolies whatsoever and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished and a free Trade restored and that all Monopolizers may give good reparation to the Commonwealth and to particular parties who have been damnified by them and to be made incapable of bearing any Office of power or trust in the Nation and that the Votes of this House Novemb. 19. 1640. against their sitting therein may be forthwith put in due execution 10. Whereas this House hath declared in the first Remonstrance of the (x) (x) See 1 part Book Declar. page 14. state of the Kingdome that Ship-money and Monopolies which were imposed upon the people before the late Warre did at least amount to 1400000 l. per annum and whereas since then the Taxes have been double and treble and the Army (y) (y) See the Armies last Representation to the House hath declared that 1300000 l. per annum would compleatly pay all Forces and Garrisons in the Kingdom and the Customes could not but amount to much more then would pay the Navie so that considering the vast summes of moneys raised by proposition-money the fift and twentyeth part sequest●ations and compositions excise and otherwise it is conceived much Treasure is concealed that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome to deliver in without delay to some faithfu●l persons as perfect an accompt as possible of all moneys levyed in such Town City or Parish for what use or end soever since the beginning of the late Warre and to return the severall Receivers names and that those who shall be employed by the severall Parishes in every Shire or County to carry in those accompts to some appointed place in the County may have liberty to choose the receiver of them and that those selected persons by the severall parishes in every County or Shire may have liberty to invest some one person in every of their respective Counties or places with power to sit in a Committee at LONDON or elswhere to be the Generall Accomptants of the Kingdom who shall publish their Accompts every month to the publick view and that henceforth there be onely one Common Treasury where the Books of Accompts may be kept by severall persons open to the view of all men 11. Whereas it hath been the ancient Liberty of this Nation That all the Free-born people have freely elected their Representers in Parliament and their Sheriffs and (z) (z) 28 Edw. 1. Chap. 8. 13. See 2 part instit fol 174 175 558 559. where Sir Ed. Cook positively declares that in ancient