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A88219 London's liberty in chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.; London's liberty in chains discovered. Part 1 Lilburne, John, 1614?-1657.; Lilburne, Elizabeth. To the chosen and betrusted knights, citizens and burgesses, assembled in the high and supream court of Parliament.; England and Wales. Parliament. 1646 (1646) Wing L2139; Thomason E359_17; Thomason E359_18; ESTC R9983 57,117 77

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to voluntary slavery If you neglect this opportunity and advantage offered you for the regaining of your Liberties and recovery of your Birth-right the Law the losse will be irrepayable irrecoverable bringing with it certain ruine unavoidable vassalage upon you and your whole City yea though I am not a Citizen yet no stranger nor forreigner but a free-man of England who hath freely hazarded all for the recovery of the common Liberty and my Countries freedome and it is no small griefe unto me yea it lyes more heavy upon me then all other my troubles undergone to see our Nationall and Fundamentall Lawes Rights and Priviledges thus trodden under foot even by those by whose endeavours we expected a restauration of the same Oh! the unexpressable misery and besotted condition possessing this Nation that we should be so regardlesse of our selves and Posterity as thus in and by cowardly silence to betray our selves and to beget Children to live and remain by our meanes Bond-men and Bond-women yea Slaves Look but upon your industrious Neighbour-Nation the Netherlands how for a long time under faire and colourable pretences As Conformity and Religion they were spoyled of their Lives Liberties and Estates But at the length they discovered the cunning and crafty dealings and devises of the Bishops and their Clergie whom the Spaniard promoted and used as his Instruments by whom he intended to bring those Countries under the power of his Soveraignty and cruell will These your Neighbours were constrained to knit themselves together by Bond and Oath to stand up for their common Liberties and Countries safety leaning every man in matters of Religion according to that common Principle Religio suadenda non cogenda Religion may be perswaded not forced the good successe they have had therein and tranquility and security they thereby enjoy may be great incouragement to us not to despaire of the recovery of our Native and just Freedoms and by the like meanes to put an end to these our troubles unnatural oppressions if we will but tread in the same steps each one labouring in his place to preserve the common Liberties and Lawes of the Kingdome which makes us indeed true free-men without seeking or endeavouring to Lord it thus as now we do one over anothers faith your Brethren together with you and all the Commons of England have an equall interest and property in the Law being all of us free-born English-men Therefore look about you and be no longer deluded to be by a meer shadow of greatnesse and flattery fooled into slavery But according to your Protestation endeavour to preserve or rather recover your lost Liberties which under conformity and other specious pretences and glosses you have been long deprived of Till when expect not any Justice or Right to be done unto you For it is impossible for those that have reduced you to this slavery to degenerate so far from themselves as to maintain or give you any assistance or countenance in standing for liberty untill they lay down their Offices and Functions which they all this time have unjustly usurped and intruded themselves into I will forbear to insist further upon this matter for the present being ready and willing if any should presume to question the Citizens just rights in the election of their Major upon the perill of my head and forfeiture of my life if I be called thereunto and may have a just and equall hearing to prove and maintain That it is the just and due Right and Liberty for any free Citixen and Baron to give his vote in the election of the Major and Sheriffes and other the publike Officers the same being grounded upon the Law of God and Nations and agreeable as well with the Fundamentall Lawes of this Kingdome and Customes of this City as by the Charter and Acts of Parliament yet unrepealed is confirmed But one thing I cannot passe by which may cause some scruples which is thi● By the words Barons of London mentioned in King John his Charter Whether all or but some speciall Citizens of note are to be understood to be the Electors of the Major and Sheriffes of London That all and every Citizen is there meant and implyed The very words of the Charter it self clearly manifest For the Liberties there granted by the Charter are to them all as Barons and not otherwise nor to any other particular persons of any Society Yet the same may be farther cleared thus in that before the Conquest all Free-holders of this Kingdome as well as in Scotland are yet to this day were called Barons and therefore saith Lamb. fol 128. and 136. Court-Baron is so called because amongst the Laws of King Edward the Confessour it is said thus Barones vero qui suam habent Curiam de suis hominibus c. Barōs are those who have their Court for their Tenants or men And this Jurisdiction hath every Free-holder according to Mirrour C. 1. Sect. 3. ch●s●un free Tenant use jurisdiction ordinary every Free-holder hath this ordinary jurisdiction and the name Baron in the eye of the Law hath relation to Free-holders saith Sir Edward Cook 1. Part Institut fol. 58. and in very antient Charters and Records saith he The Barons of London and the Barons of the Cinque-Ports doe signifie the Free-men of London and the Free-men of the Cinque-Ports Cook ibid. All which I desire may be taken into due consideration which as I writ the Protestation so this I have published for the good of this famous City and for the benefit of all the Barons thereof and if you will own this your right and not suffer your selves to be brought into voluntary servitude I shall be encouraged to make a farther discovery of the Priviledges and just Rights now unjustly detained and holden from you By the Contriver of the Citizens Protestation here following The Copy of the Protestation made by the Citizens of London the 29. of Septemb. 1646. The right and claime of the Free-men Citizens and Commonalty of the famous and most antient City of London for their Votes in the election of their great and highest Officer the Lord Major c. With their Protestation against the election of such who shall be elected Majors as illegall and destructive to the Liberties and Priviledges of this City if in case the Commonalty and Freemen thereof or any of them be denied and not admitted to have their Votes in the Election WHereas this City hath had and enjoyed before and since the Conquest many great and notable Franchises Custome and Priviledges often and sundry times confirmed as well by the Laws and Statutes made in the severall Parliaments as by the several Charters of the Kings and Queens of this Realme appeareth amongst which it hath been an antient and laudable custome Time out of mind for all and every the Free-men and Citizens of London in the annuall elections of the Majors thereof to have their votes as formerly they had Porte
customes and practices of the Grandees of London and therefore by prescription of time are become lawes thereto I answer Course of time amends not that which was nought from the beginning And that which was not grounded upon good right and found reason is not made good by continuance of time And therefore to give a definition of the Lawes of England as it may be proved out of the workes of the best and most conscientious Lawyers thereof It consists of the ancient constitutions and modern acts of Parliament made by the States of the Kingdome but of these onely such as are agreeable to the word of God and law of Nature and sound Reason Or the Fundamentall Law of the Land is the PERFECTION of Reason consisting of Lawfull and Reasonable Customes received and approved of by the people and of the old Constitutions and modern Acts of Parliament made by the Estates of the Kingdome But such only as are agreeable to the law Eternall and Naturall and not contrary to the word of God For whatsoever lawes usages and customes not thus qualified are not the law of the land nor are to be observed and obeyed by the people being contrary to their Birth-rights and Freedomes which by the Law of God and the great Charter of Priviledges they ought not to be And therefore Sir Richard Empson and Edm. Dudley Justices of Peace were both hanged in Henry the eighths dayes for putting in execution severall illegall practices grounded upon an unjust law made in the 11. H. 7. chap. 3.1 which as honorable Sir Edw. Cook saith was made against and in the face of the Fundamentall Law of the great Charter 2. part Instit fol. 51. And just it was they should be thus dealt with because it is honorable beneficial and profitable for the Common-wealth that guilty persons should be punished lest by the omission of the punishment of one many men by that ill example may be encouraged to commit more heinous offences And excellent to this purpose is that saying of the Parliament which I desire they may never forget Book Declar pag. 39. which is That they are very sensible that it equally imports them as well to see justice done against them that are criminous as to defend the just rights and liberties of the Subjects and Parliament of England And therefore pag 656. they call the execution of the law the very life and soule of the law as indeed it is without which it is but in truth a dead letter and a sencelesse block But woe unto you prerogative Patentee-Citizens if the Law shall be executed upon you I professe I will not give three pence for an hundred of your estates for all the greatnesse rhereof what-ever become of some of your liberties or lives which many of you have hitherto preserved by bribes and other indirect courses Witnesse some of you in a jo●nt fraternity like brethren in evill giving above threescore thousand pounds at once for a bribe in the dayes of the Councell-Table to preserve you from Law and Justice and to destroy the Law and to buy and rob your fellow-Citizens as free as your se●ves of their liberties franchises trades and livelihoods Read the Discourse for Free Trade Onlye worse then high-way men pick-pockets housebreakers who now would fain transform your selves into Angels of light like your old wicked Father become godly Presbyters that now-sprung-up Sect and Heresie in England whose Lordlinesse and pride was long since as Heathenish and Gen●ilisme condemned by Christ and his Apostles and zealous Covenanters which you make your stalking horse to disfranchize all honest and tender conscience men that cannot take that impossible to be kept and double-faced Covenant the greatest make-bate and snare that ever the Divell and the Clergy his Agents cast in amongst honest men in England in our age which I dare pawn my head and life so to prove it to be in a fair publike discourse against the greatest maintainer thereof in England But alas If it were ten times worse your wesons are wide enough to swallow it down and your consciences large enough to disgest it without the least danger of vomiting But I hope the true faithfull and just God of Heaven and Earth will raise up heroical Instruments to unvaile and unmask you and bring about wayes means enough for all your jugling and machivel-like endeavours to divide the peoples affections each from other about those unhappy names of Independents and Presbyters to bring you to condigne and just deserved punishments before you have fully sadled and bridled them and made them fit to be rid by you as slaves And therefore for the further discovery of you I judge it not amisse here to insert that excellent Petition of Mr. William Sykes and Thomas Johnson delivered in writing first to the house of Commons and then in print to the Members thereof which thus followeth To the Honourable the Knights Citizens and Burgesses of the Commons House in Parliament Assembled The humble Petition of William Syeks and Thomas Iohnson Marchants on the behalfe of themselves and all the freemen of England Sheweth THat whereas divers Marchants in the 21. year of the Raign of Queene Elizabeth under the great Seal of England obtained a large and illegall Charter of incorporation for them and their Company to use the traffique and seat of Marchandize out and from any of Her then Majesties Dominions through the Sound into divers Realmes Kingdoms Dominions Dukedoms Countries Cities and Townes viz. Norway Swethi● Poland c. Whereby none but themselves and such as they shall think fit and for such fines and compositions as they shall impose shall take any benefit by the said Charter disfranchising thereby all other the free-borne people of England who during the time of all these warres have been in divers respects greatly charged for the defence of this present Parliament the lawes and liberties of their native Country and therefore ought indifferently to enjoy the benefit of the good lawes franchises and immunities by Magna Charta established which great Charter hath been ratified by 31. sessions of Parliament as also this present Parliament being bound by protestations oaths and covenants to maintaine the same by reason whereof and other illegall monopolies they are debarred from that free inlargement of common traffique which the Kingdoms of Scotland and Ireland do enjoy the same being destructory to their laudable liberties and priviledges the fundamentall lawes of the Land to the manifest impoverishing of all owners of ships masters mariners clothiers tuckers spinsters and multitudes of poore people besides the decrease of customs the ruine and decay of navigation together with the abating the price of our wools cloth stuffe and such like commodities arising and growing within this Ralm and the inhauncing of all commodities imported from those forraign parts by reason of the insufficiency of the merchants they being few in number and not of ability to keepe the great store
Custome-house and Excise contrary to law right equity and conscience which action of the Parliaments in putting them into those a grand places loseth the Parliament more in the affections of thousands of honest people and will if not speedily prevented make a greater breach in the peace of this distressed kingdome then all their estates confiscated will repay For people doe already very much murmure and begin privatly to question the intentions of the Parliament in reference to these men and many begin to say that this demonstrates unto them that they shall but only have a change of Masters and not of their Bondage slavery and oppression seeing such Varlets Vipers Pests enemies and destroyers of the lawes and liberties of England imployed in the great Places of the kingdom who must needs act according to their old and corrupt principles and drive on their habituated and destructive designes against the weale peace trade and tranquillity of this poore bleeding kingdome And if say the people these worst of men who eat up mens trades and livelihoods and so suck their bloods as Sir Edward Cook in his forementioned discourse well observes and destroy men and this poore kingdome with a secret destruction shall possesse the Custome-house are they not enabled thereby to curb every Merchant that hath any Principles in him for the lawes and freedomes of England are they not enabled hereby to send their agents creatures and servants to all the Ports and Sea-townes of England where they have an influence into the elections of all the Burgesses that in any of them are chosen to sit in Parliament By means of which we may have say they wickednesse bondage slavery and all kind of Monopolies established by a Law and then our last error will be worse then the first and all our money blood and fighting shed and spent in vain And have not the Excise-men the same power in every particular in their hands likewise For can they not yea doe they not sit upon the skirts of every man that hates and opposes their tyrannizing and monopolizing wayes And doe they not authorize and send their Sub-commissioners c. into all the Counties and Corporations in England where they have the same influence into all elections that their brethren at Custome-house have in Sea-ports and Havens Nay these Blades strengthen their interest and make it double Threfore look about you Gentlemen before it be too late For sure I am were it not for those unhappy unnaturall and irrationall divisions that these men with the help of their Monopolizing brethren the Clergy have made amongst us I am assuredly and confidently perswaded that neither the King nor the Scots nor yet the unjust Lords would be so high in the Instep as they are which is like to beget a new warre again For shame therefore unite in affection though you cannot in judgement in matters of Religion and study and stand for your common interest lawes and liberties and take heed the French come not creeping in at a back doore For they have already got Dunkirk and so are furnished with a good Harbor and store of shipping from whence with a faire wind they can in 6 or 8 hours land in the coasts of Kens Essex Suffolk or Norfolk Therefore beware of those two dangerous places Lin the Isle of Lovingland hard by Yarmouth therefore up and as one man to the Parliament with a Petition to displace all those Monopolilize●s and to put honest Englishmen into their places that love the Fundamentall lawes and the common and just liberties of the Nation And also desire the Parliament to reduce the publick treasure of the kingdom into the cheap publick and old good way of the kingdome The Exchequer for these obscure clandestine wayes of these mens receiving and paying moneys is not safe nor profitable for the kingdome if you will beleeve Mr. John Pyms Speech made at the Barre of the House of Peeres against the Duke of Buckingham which is a most excellent speech And also desire the Parliament not onely to remember but also cordially heartily and really to put in execution their selfe-denying Ordinance that they themselves may be examples of self-deniall to all the men in the kingdome For a hard matter is it for any Parliament-man what-ever he be in such times of distresse as these are wherein Souldiers that have ventured their lives for eight pence a day to save both the Parliament and the kingdome and many poore Widowes and fatherlesse children that have lost their husbands and Fathers in the warres and are now ready to sterve and perish for want of bread and yet cannot get their small arreares And when the kingdome is reduced to that poverty that Excise and Taxes must be laid upon poor men that have wives children and families and nothing to maintain them with but what they earn with the labour of their lands and the sweat of their browes and yet then for c. to have great places of 1000. l. 1500. l. or 2000. l. per annum and the salaries and stipends of them paid out of the publick stock when they are able to live in pomp and gallantry of themselves besides and it is possible to get honest faithfull and experienced men that have ventured life and all for the common wealth to officiat in those places as well if not better for 100. l. or 150. l. or 200. l. per annum let such men if there be any professe what honesty or Religion they wil l I professe seriously that to me such actions at such a time as this are cleare demonstration to me that such men have neither honesty Christianity nor Religion but meerly make them pretences for their own unworthy ends And this Parliament being now a standing Parliament and like so to continue it is very hard that the Lawyers thereof should run from Bar to Bar to plead causes before Judges made by themselves who dare not easily displease them for feare of being turned out of their places by their meanes Sure I am well and conscienciously to officiate the single place of a Parliament man is enough for one But to return again to the Monopolizers the endevourers contrivers of Englands destruction If Alex. Archb. of Yorke and Rob. de Veere Duke of Ireland c. deserved to be prosecuted as traytors for but endeavouring at the Kings cōmand to destroy certain members of both Houses How much more doe these law-and-kingdome-destroying Monopolizers deserve the same that have not onely endevoured the destructions of some Parliament-men but also the very Being of all Parliaments themselves and so by consequence the whole kingdome Sure I am if the Commonalty of London will carefully peruse their own ancient and just Charters they shall find That they within themselves have power enough not onely to disfranchise all these Monopolizers but also all other freemen of London that shall endevour the destruction of their ancient fundamentall and just Freedomes Liberties and