Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	sir_n	town_n	15,511	5	7.6738	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87883	L'Estrange his appeale from the court martiall to the Parliament. Dedicated to Right Honourable the Lords and Commons assembled in Parliament.	L'Estrange, Roger, Sir, 1616-1704.; England and Wales. Parliament.	1647 (1647)	Wing L1201; Thomason E383_21; ESTC R201440	5,271	12

that I came as a faire and open enemy never pretending to be any other then I was Lastly that I had no Treacherous ends Being thus apprehended by the Lawes and Customes of Warre I am a just enemy and Prisoner of Warre no Spye or Treacherous Conspirator Upon my desire of a dayes respit to prepare and digest my Defence the Judge Advocate enterposed in these words Judge Advocate Sir John Corbet whereas the Prisoner desires time to make his Defence alledging that hee hath Witnesses to purge himselfe that are necessary for his Defence I conceive that altogether unnecessary because we proceed only upon his owne confession and there being no Witnesses against him wee take the Case as hee hath set it forth and committed it to your judgement you may perceive and her might have remembred that his Charge was founded not onely upon the speciall Articles and Ordinances of Parliament but upon the generall Rules and Customes of Warre which every Souldier ought to bee knowing of And Sir so farre as I understand any thing of the Customes of Warre It 's a known Rule that for any to come into the Enemies Quarters without a Passe Drum or Trumpet that makes him a Spie and then to Treat with them of the Garrison or to draw them to Treat to betray the Garrison this makes him a Treacherous Conspirator L'estr If my Charge be founded upon mine owne confession produce those clauses thence whereupon this charge is to be made good My whole confession is in substance this that I had ever beene of the Kings Party and that I intended to execute This Commission I urged then the impossibility of Betraying a Trust I never received and to my selfe and that I should bee both Enemy and Traytor And again how inconsistent it was with the Equity and Reason of the Law of Armes which is uniform and universall that the same Law which punishes the Desertour of his Trust with Death should with death also punish the Assertor of it To This Judge Advocate Sir the Prisoner mistakes the Poynt he is not charged with breach of Trust It is not said he had any Trust or broke any but that he did endeavour to procure them to betray which had a Trust and so he did plot and those were to be his Confederates L'estr By this Rule hee that Summons Assaults or Besieges a Place because in so doing hee endeavours the surrendring and yeelding of it up to the Enemy shall be arraigned as an Apostate or a Traytor The very Article involving him in the same danger with him that endeavours the betraying of it Againe the Article sayes expresly it must be contrary to the Rules of Warre Rules certainly preceding this and which it selfe is not Rules positive and knowne not Arbitrary Now shew that Positive known Law which I have Transgrest In one word The Court-Martiall by its owne Lawes cannot try an Enemy I insisted next upon that Priviledge which a Souldiermight challenge by the Law of Armes To This Ju. Advocate Sir you see the Case it is not what hee sayes is Law nor what I say is Law but what you judge to be Law You see the Case is plain he came without Trumpet Drum or Passe into our Quarters from the Enemy There he dealt with the Garrison of Lynne and in that case he came not with the face of an Enemy but as a Spye L'estr To the Businesse of a Spye Thus First I was no Spye Next I had not been tryable in this Court if I had beene one I was none being apprehended neither in your Garrison nor Quarters for by the Quarters of the Army is intended 〈◊〉 place where the Army lyes enquarter'd at the time of the Apprehension of such a person but where no Forces are there is neither use nor possibility of a Spye Upon this Assertion that this Court tooke no Cognizance of Spyes The Judge Advocate thus J. Advo Sir Iohn Corbet the Gentleman might have saved a labour and not limited the power of this Court for they proceed upon a Law common betwixt the enemy and us L'estr If this Court-Martiall proceed upon a Law common betwixt the two Armies what mean those restrictive Clauses so frequent in those Ordinances by vertue whereof they sit and determine where they are expresly * limited and appointed to proceed according to the Articles there specified Againe what needs the annexion of five particular Articles of the Earle of Essex his with Ordinances virtuating them to proceed according to those Articles what need these Ordinances if the Court could proceed without them And why are but five A●ticles exprest if their power exte●ds to all Now ●f the Court be limited to these Articles there being no Article against Spyes among them I have provd what I desire Jud. Adv. Sir John Corbet to take away all Dispute about the power and Authority of the Court and the rules upon which they proceed I shall reade the last Ordinance of Parliament that was made in this particular case of Mr. L'estrange The Order IT is this day Ordered by the Lords and Commons that Roger L'estrange be referred to the Commissioners for Martiall Law and to be speedily proceeded against according to the proceedings of Martiall Law for being taken with a Commission from the King for the delivering of the Towne of Lynne to the King and endeavouring accordingly to doe it John Browne By this Ordinance you are not limited to any particular Article but are left to the latitude and scope of Martiall Law in generall and this Court hath made choyce to proceed against the prisoner upon a knowne and common Rule of Martiall proceedings by which the other side proceed against ours therefore he hath no cause of complaining against the equity of this Rule R. L'estr True this Order referres mee to the Commissioners for Martiall Law to be proceed●d against according to the proceedings of Martiall Law that is Such Martiall Law as they are Commissioners for and what that is those Ordinances which enable them will best determine they are there as well as here stil'd Commissioners for and Executors of Martial Law yet not in the latitude now if they be not Commissioners for Martiall Law in the latitude neither must their proceedi●gs be in the latitude Something more to the same purpose was a while bandyed and retor●ed but in substance the Dispute closed here The Commissioners with-drew to Weavers-Hall whence after some halfe-houres Debate returning the Judge Advocate admonished mee to acknowledge the faire respects of the Court in that they had afforded mee till Saturday at three afternoone to forme and strengthen my Defence this being Thursday Upon Saturday late at night I was brought to the Barre not suffered to speake Condemned For endavouring the Betraying of the Towne and Garrison of Lynne c. Adjudged to be hang'd and many persons contributed to this Vote who had not heard one syllable of my Tryall After I had received my sentence I threw a paper among them adding with all that it was my Defence which since they would not heare they might reade A Wilts. Gentleman burnt it I was thence conducted to Newgate and here the story falls into a Circle Sir John Corbet was President of the Court and in that relation I have often to doe with his Name I would leave it as faire as I found it I never beleeved the Gentleman my Enemy It is time now to winde up this Discourse it swells yet have I been as contract as the matter would permit My scope is onely to dissolve that 〈◊〉 scruple to which I must otherwise be offer'd up a breathing Sacrifice and which hath already cost me the richest hou●e of my life From your Honours I doubt not of a faire Interpretation nor am I conscient of meriting any other Something of Relaxation and Liberty I must request of you at least if you thinke I have suffered enough if not all I aske is but a Determination of my Nature if you can afford none to my Troubles FINIS * The letter of the Ordinance