Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	john_n	sergeant_n	sir_n	19,369	5	7.9002	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47681	The representation of the case of Sir John Lenthall, Knight, in his late sufferings	Lenthall, John, Sir, Knight.	1654 (1654)	Wing L1067; ESTC R41658	19,906	45

from August till the beginning of December following By which time they had received heard and considered all accusations and complaints which malicious enemies or suborning suggestors could bring or procure and the Committee were ready to draw up their Report and to make it to the House of all their proceedings herein with all possible speed but the Parliament resigning their power the 12. day of December into the hands of his Highnesse the Lord Protector I was plunged into a gulfe of misery as never any distressed person was The power that layd mee in Prison and sequestred my estate they were dissolved Those that had mee in Custody neyther would nor could release me I was at a stand and amazed Remedy and Reliefe I knew of none yet notwithstanding some worthy and conscientious men of the Committee taking my sad condition into their pious considerations whereof the Chayrman was one though they had resigned their power yet were pleased for conscience and truths sake to declare their Judgements and Opinions by a Certificate under their hands bearing date the 6. of January 1653. wherein they did certifie That the Charge against Sir John Lenthall in Parliament consisted of three severall heads The first for Escapes of Prisoners The second for Delinquency The third for Murther For the Escapes they Certifie to have beene very few in respect of the great clamours made against him and that those were meere matter of Law and properly triable and determinable there For the Cause of Delinquency they Certifie That by the Judgement of the former Parliament 15. September 1645. the same was resolved scandalous and the Prosecutors in that Cause to deserve exemplary punnishment which Votes of Parliament were after confitmed by the Votes of the Councel of the Army 1649. upon the prosecution of the Persons and Witnesses in the former Complaint and we find nothing in proofe to the contrary For the murther We judge that Charge to be most malicious against Sir John Lenthall and that he is innocent of any such crime and we do conceive the said Charge to have been prosecuted with much malice against him and the testimony of the Witnesses to be altogether invalid to which Certificate they subscribed their names I being left thus destiture and disconsolate without my liberty restrained in Prison and deprived of my Estate and consequently of all subsistance It pleased God to prepare means to turn my mourning into joy by putting the civill Sword into my Lord Protectors hand I addressed my self unto his Highness by my Petition and had the happiness to be one of the first fruits of his justice who immediatly referred it to his honourable Councel they with the like dispatch appointed foure of themselves a Committe to heare and examine my Cause by whose command I attended on Monday the 16 of January where they tooke the business into consideration and with much integrity Justice and prudence examined the state of my accusation as it stood before the late Parliament So consciencious and scrupulous they were that they not only deliberately perused all the Papers that I produc'd but most judiciously as intending to heare at both eares sent for all the Notes and Examinations which remained in the hands of the Clerke of the Committee of Parliament by which they might be truly instructed of all accusations and informations against mee which the Clerk accordingly brought in and upon a through and mature consideration thereof those honourable persons were pleased after they had with great diligence and patience perused and examined all that could be said for or against me to make their Report to the Councell the 24. of January how they found the State of the businesse The Lords of the Counsell debating the businesse upon the Report ordered the 27. of the said January that it should be referred to the Lord Chiefe Justice Roll and to other Justice or Justices of the Upper Bench to examine all Complaints against Sir John Lenthall so as the same may be determined in a legal way therby they were required to take such course for disposing the custody of the Prison and Prisoners as may be most secure and advantagious for the Creditors and is agreeable to Law and Justice and certainly if that way had been thought of before Serjeant Dendy had not now had so many Escapes brought against him nor so many men in all probabilities endangered of so many considerable D●bts nor my selfe have had severall Declarations brought against me for Escapes made and suffered in Serjeant Dendy's time when hee was possessed of the Prison By Vertue of the Order of the Counsell the Lord chiefe Justice and Mr. Justice Aske summoned Serjeant Dendy and my selfe to appeare before them on Munday the 30 of January where wee both attended with out Counsell and after a full debate and examination of our respective interests and titles in the said Office His Lordship and Mr. Justice Aske were both pleased to declare that Sir John Lenthall had a good title in Law which neither Serjeant Dendy nor his Counsell either did or could denie Thereupon the Lord chiefe Justice and Mr. Justice Aske did make their Certificate to the Lords of the Counsell Dat. the 13 of Febru 1653. that upon hearing Counsell of both sides they found that Sir John Lenthall had a good title which Serjeant Dendy did not deny and that they were informed and it was confessed by both parties that divers Prisoners who were in Prison when Serjeant Dendy first entred into the custody of the Prison are now absented to the great prejudice of their Creditors and dishonour of the Law and of the Upper Bench in perticular wee have thought fit to settle Sir John Lenthall in the Office of the custody of the Prison and Prisoners which course wee conceive to bee most secure and advantagious for Creditors and most agreeable to Law and Justice The Judges did also declare in open Court the 11 of February that the Lord Protector and his Counsell had appointed them by their order to heare any complaints against Sir John Lenthall so that they might bee determined in a legall waye and that they also required them to settle the custody of the Prison and Prisoners according to Law and Justice and therefore they did declare Sir John Lenthall to bee Marshall and admitted him to sit in Court and to take the custody of the Prison and Prisoners pon him and ordered a Rule of Court to bee entred to that purpose which was done accordingly By vertue whereof I was possessed of my Office and livelihood and after some strugling with Serjeant Dendy was suffered quietly to enjoy it And I cannot but heere acknowledge and extoll Gods wonderfull and abundant goodnesse who out of the depth of his mercy looked upon mee in the depth of my miseries and out of the strength of his power delivered mee from the malice of my potent enemies who were ready to devoure me and swallow me up Rationall and

disposable by him and such other perticular persons to whom they in right and equity doe belong as any other personall securities to any other perticular person that this present Parliament by their most pious and Religious Declaration lately set forth to the contentment of many thousands of this Nation encourages him with all thankefull acknowledgement to assure himselfe that as the Parliament the highest and supreame power of the Nation hath declared that they will be as tender of Lives Estates Liberties Just rights and properties of all others as they are of themselves and their posterities so this honourable Committee who are a part of that honourable body will not be offended if that hee the said Sir Iohn Lenthall shall on his and the others behalfe presume upon that honourable favour and grace which the said Parliament hath with such abundant care offered to the people and therefore cannot in justice or equity deliver up such securities which cannot bee usefull or advantagious unto him by the Law as appeares by his former reasons humbly offered to the Committee and other grounds if taken from him without a particular Act of Parliament therein to relieve him This being thus humbly offered without the least disregard to the power of this Committee or disrespect to any of their persons whom as becomes him in the place wherin God hath placed you hee shall ever honour this in all humility assuring himselfe of justice and equity according to the knowne right of Law and property IOHN LENTHALL July 29. 1653. Reasons humbly offered and presented to the honourable Committee for Prisons and Prisoners wherefore the Bonds and securities taken for the true imprisonment of Prisoners by Sir Iohn Lenthall Knight Marshall of the Vpper Bench Prison cannot safely bee delivered out of Sir Iohn Lenthalls hands I. FOr that many of the said Bonds and securities upon Escapes made are already delivered to Creditors thereby to recover their Debts due from the Prisoners and Sir Iohn stands engaged by his promise to deliver divers more II. For that as scone as the Prisoners shall take notice their seourities are out of Sir Iohn Lenthals power they will and may make Escapes and Sir Iohn having no other way to restraine them or to secure himselfe other then by his Bond and securities shall be left without remedy III. For that there now being severall Actions of Escape depending against Sir Iohn Lenthall amounting to 100●0 l. and severall recoveries had Sir Iohn hath no other meanes to secure his Person and Estate from the sayd Actions and recoveries but by the sayd Bonds and securities many of which he hath delivered to his Atturnies to put in suit to bee indemnified from the sayd actions and recoveries IV. For that the sayd Bonds and securities are made to him in his name for his indemnity and suable onely by him and in his name and can only be released by him V. For that the sayd Bonds c. are not forfeited or to bee sued untill after Escapes brought against Sir Iohn Lenthall so that if the same should be delivered out of his hands the Prisoners Creditors Sureties and Sir Iohn Lenthall may bee much damnified VI. For that upon the discharge of Prisoners which is daily the said Bonds and sureties are to bee delivered up otherwise the sureties may bee endangered and the Prisoner damnified upon his Counter-security given by him to his sureties VII For that every Defendant hath liverty to crave Oyer of the condition of the Bond upon which he is sued before he plead which Sir Iohn not having in his hands to produce will be delayed in his suit or lose the benefit of his Actions VIII For that the Bonds and securities taken for true imprisonment are Sir Iohn Lenthalls undoubted right and property which hee hopeth this honourable Committee will inviolably defend IX For that the sureties who are most of them tradesmen in this Citty and live by their Credits and will bee bound for a Prisoners true imprisonment when they will not be bound with him for any money when they shall perceive their names are published and their bonds put to other uses then they intended them will presently call in their Bonds and that will bee a meanes to deter all others from being bound which will prove a very great prejudice to the Creditor X. For that such bonds and securities as are in Sir Iohns hands were given to him by the Prisoner and his sureties by way of trust and upon condition that no use shall be made thereof but in case of Escape And therefore the Prisoner having made no Escape Sir Iohn cannot without breach of trust part with their securities The morrow after which was Saturday the thirtieth of July the house was made acquainted with this my answer who thereupon made an Order for my commitment to the Serjeant at Armes to answer to such matters as should bee objected against me and another Order that Serjeant Dendy should take the care and custody of the Prisoners which he accordingly did my selfe being apprehended with a Warrant from Serjeant Birkhead under which durance I continued though I did humbly beseech them in regard of the multiplicity of the troublesome and entangled businesse that lay upon mee and for that I knew not what might bee brought out against mee having had so many yeares to doe in a troublesome Office to bee pleased for to take off this restraint from mee which certainly as I did not see what prejudice could arise from it all my estate and livelihood lying at the stake and it concerning me so neerly to make out my interest so had it beene to me a deed of very great mercy and compassion For as it would have beene a meanes to save mee from a great charge which in the miserable condition I was in laye heavy upon mee so would it have enabled mee to goe about to make such defence against what might have beene brought against me in behalfe of the Common wealth as that I might thereby enjoy the benefit of the Law and the freedome of a Native English man The great offences which they alledged against me as is before set down being onely broched but nothing proved I did little expect such a restraint should have beene put upon me as to imprison my body and to put Serjeant Dendy into the possession of my Office before I were heard or had leave to make my defence And I cannot but say this by the way that it being my mis-hap to bee the miserable president in this case in what doubt may it leave all other Officers who have acted according to the knowne Lawes of the Nation as I ever did and what security can they imagine to themselves if upon every alteration they shall be called in question for actions done by vertue of Lawes in force For my part I doe aver that what I did in the execution of my Office was nothing but what the Rules of the Court to which