Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	england_n	law_n	3,708	5	4.7562	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90159	The onely right rule for regulating the lawes and liberties of the people of England Presented in way of advise to His Excellency the L. Generall Cromwell, and the rest of the officers of the Army, January 28. 1652. By divers affectionate persons to Parliament, Army, and Commonwealth, inhabiting the cities of London, Westminster, borough of Southwark, and places adjacent. Presenters in the behalf of themselves and others, George Baldwin, Simon Turner, Philip Travers, William Tennant, Isaac Gray, Robert Everard.	Cromwell, Oliver, 1599-1658.	1652 (1652)	Wing O349aA; ESTC R231413	12,176	17

poor or for such as are restrained untill time of triall for want of Sureties All which the Neigabourhood is to levy or for publique defence against enemies which is referred by Fundamentall Constitution unto annual chosen Trustees in the Grand Councell of the people called from the Norman Parliament upon whom the continued labours and policies of the Conquerors successors have had great influence by whose endeavours this burthen of Tythes came to have the colour of Law set upon it though in this as in all things els Parliament of Law was ever to give way to Fundamentall being null and void in it selfe where it innovates upon the antient Rights of the people and hath been so acknowledged enacted and declared by most Parliaments of so Supreme Authority in this Nation have fundamentalls ever beene where of Annuall new elected Parliaments is one and a chiefe being instituted for preservation and not for destruction of fundamentalls for then it might null Parliaments themselves which could never be within the trust of Parliaments But yet so unhappy have Parliaments been in mosttimes since the Conquest that waving their care of the fundamentall Liberties of the Nation they have so multiplied Laws upon Laws to their prejudice that the whole voluminous bulk of the book of Statutes serves but as a witnesse of their defection and of the prevalence of the Regall interest and his adherents of which deviation from their rule the Fundamentall Law not any one thing is more remarkably pernicious to industrious people then this of tythes or inforced maintenance for Ministers or any other sort of men except such as are afore-mentioned so that tythes being utterly abolished the people are delivered from a most heavy and grinding oppression and therein restored to Fundamentall Liberty And as for those Laws which have been touching mens Judgements opinions and practise in matters of Religion with the proceedings thereupon and punishments annexed there is no ground at all for them the Fundamentall Law of England being as free and clear from any such persecuting spirit as the Word of God is questioning none nor permitting that they should be questioned or otherwise molested much leise punished but for such things only as whereby some other person is injured in person goods or good name or in wife children or servant and therein also it provides that none be tortured upon any occation whatsoever and that no lesse then two lawfull Witnesses are sufficient to prove every fact Also that where any accused person ●a● Procure Sureties there be no restraint of the body in person what is in common practise contrary hereunto hath been innovat●d contrary to Fundamentall Right and may lawfully be reformed and reduced to its originall state again and thereby also the people restored to antient right therein and freed from abundance of mischief and inconvenience And so extremely doth the Fundamentall Constitutions of England regard true freedome that it allows of Bail in any case without exception where it can be obtained and admits no imprisonment of the persons of any for debt choosing rather that one man should sufter in his estate then that the bodies of men and women should be as it were buried alive in goales and prisons as thousands have been and still are to the hearts grief of all tender hearted people But then the fundamental Law provides that where there is any estate there satisfaction is to be made as far as it will reach leaving still some necessaries for life otherwise it were more grievous for poor debtors then for many sorts of wilfull malefactors for however the present practise is and long hath been by the fundamentall Law the estate even of a capital offender that suffers death for his offence is not forfeited but descends to his family as other mens after satisfaction made to the parties damnified These forfeitures no doubt have been the principall cause that many an innocent mans life hath been unjustly taken away and many a worthy honestman come to be burn'd in the hand and however Parliaments have been drawn in to countenance such practises it was the invention of Kings to turn families apside down at pleasure for to them their forfeitures went and they gave them to their creatures and Sickovants so that here you see is work enough for a well-minded Parliament to remove these evills and to restore our rights in these and many other … d particulars without interchanging or innovating upon the true Law of England The most unreasonable descent of inheritances to the eldest sonne onely is also no part of the Fundamentall Law but quite contrary thereunto that honestly and conscionably provided that all inheritances should discend to all the children alike chusing rather that some ill-deserving children should have where they deserve not then that it should be at the will of parents or in the power of the Law to expose many to such inconveniences and destructive courses which younger brothers for the most part hath been cast upon Divers other branches there are of the Fundamentall Law as is that concerning Juries the Liberty of Exception against thirty five without shewing cause and of as many more as cause can be justly alledged against untill the party doth evidently see an indifferency in his Tryers As also to admit no examination of any against themselves nor punishment for refusing to answer to questions Nor conviction without two lawful Witnesses at the least and that it is the duty of the Officer of the Court to declare to every person these his Rights and to bring them to remembrance if neglected to be demanded all this shewes that the Fundamentall Law of England is a Law of Wisdome Justice and much mercy such as God will blesse chosing in all cases rather that some guilty persons should sometimes escape then that one innocent person should causlesly be condemned And whereas it hath beene supposed that the punishment of theft by death is fundamentall it is a meer mistake it as most other like things being an innovation and no way tending to the lessening of offenders but rather to their encrease and indeed necessitating or strongly tempting every one that robs to murther also For as the practise long time hath been one witnesse even of the party himself that is robbed sufficeth for proof and casts the thief for his life what way then is more safe for the thief then to murther whom he robs to prevent his testimony against his life seeing he dies if proved a thief and can do no more if proved a murtherer Besides when the Fundamentall Constitution was in force it punished offenders according to the nature of their theft some by pecuniary inulcts others by corporall punishments with laborious workings and open shame at which time it is testified that a man with much money or moneys worth might have travelled in safety all over England with but a wh … … d in his hand besides the Law of death for theft is many times the means

made by that Rule as that when Parliaments had been deferred and complaint made the remedy runs thus For remedy of grievances and mischiefs which daily happen a Parliament shall be chosen once every yeare according to Law where it is evident the Law was more ancient then the Act of Parliament or amendment Also after abuse and innovation in triall of Causes the amendment comes and sayes That no man shall be attached fined imprisoned exiled or deprived of life limb liberty or estate but by Iuries according to the Law of the Land Which shewes the Fundamentall Law to have been time out of mind before Magna Charta or any Statute Law Why when after judgment in the legall Courts the Chancery and Parliament had taken cognizance of the same Causes by way of appeale doth the amendment come and say henceforth after judgment in the legall Courts the parties shall be in quiet and free from being called either into Chancery or into Parliament according to the Law of the Land but in respect to the supremacy of Fundamentalls Why were Petitioners in former times so carefull not to insert the least syllable contrary to the Fundamentall Law but that they knew Parliaments were chiefly ordained for their preservation And it will not be throughly well in England till Parliaments make answer to Petitioners according to the Rule of the Fundamentall Law The late Worcestershire Petitioners for Tythes may then know what they may justly expect from them viz. that they are at liberty either to give or pay tythes or any other proportion of their incombs to such whom they will contract with for their labours in teaching divine things or any other kind of learning but those that approve not of paying are not to be enforced and thus in all things are the English free wherein their neighbour is not violated Had this rule been observed of late years it had e're this stopt the mouths of many Petitioners and begot a better understanding amongst the people who have been shattered into shivers for want of this principle to unite them every man stirring and contending as for life for his own opinion one will have the Parliament do this another that others gathering themselves together in knots and boasting how many hands they had to their petition a second sort of men to theirs and so of the rest how many friends they had in the House for this thing how many for that and thus like the builders of Babel they have been devided for want of knowledge and fixednesse in and upon the Fundamentalls which only can give rest to the spirits of the English the goodnesse whereof having been once tasted would soon beget a reconcilement and doubtlesse this way or none must come the true and lasting peace amongst our selves and by this means only can we ever be made considerable either against obstinate corrupt interest at home or against foraign pretenders and enemies abroad who otherwise observing us to be a floating unbalanced people and consequently divided and subdivided within our selves will never cease to disturb this Nation whereas were we once again bound and knit together with this just and pleasant ligament of fundamentall Law divide and reign would not be so frequent in their vanquisht mouths which indeed is the main ground of the hopes Consider we beseech you how uncertain the rule of prudence and discretion is amongst the wisest and best of men how unstable that people were that should be every year to make their Laws or to stablish them have we not found the Proverb verified So many men so many minds this thing voted by one sort of men as most just and necessary yea mens estates and lives and consciences cast upon it and those the best of men when in short time after the same voted down as most unjust and pernicious infinite instances of this kind we doubt not will come to your remembrance and therefore not without good cause have our Predecessors given such dear respect to their Fundamentall Rights that unlesse mens understandings were even bewitched with the sallaries of corrupt interest they would choose rather to lose their lives then to part with one of them esteeming every man though born in England no more a true Englishman then as he maintained the Fundamentall Liberties of his Country To conclude none ever yet denied that we had Fundamentall standing Laws and such as against which no Statute Law ought to be obeyed but endeavours you will find have been in all ages for powers to establish themselves and govern by discretion upon a pretence of more easie and speedy dispatch of justice as the late King did when he by power brake up the short Parliament before this he publikely declared that he and his Lords would with more speed and better justice redresse the grievances of the people then the Parliament could do And though this hath been a disease incident to the strongest to give Laws and inforce them upon the people yet as it is manifestly against the Fundamentall Rights of the people or England which you have professedly fought to restore and not to destroy having conquered their enemies not their friends so have you by declarations laid grounds against such temptations and as abhorring all such wicked and unjust intentions would not have any entertain any such suspition of you we have very great hopes that as you will carefully preserve your hands your strength and power from being defiled by imposing Innovations or continuing such as have been brought upon us or yet by being instrumentall to such as would so we trust and earnestly intreat that you would lay the premises to heart and by wisdome and perseverance procure the antient good Laws of England to be re-established amongst us they being so just so mercifull so preservative to all peaceable minded people so unburthensome to the industrious so opposite to all self-interest so corrective of any manner of wrong so quick in dispatching so equall in the means so righteous in their judgements proportioning punishments to offenders so tender of the innocent so consonant to right reason and having no disproportion to all true Christian doctrine that the goodnesse of them as well as because they are the tyes the Bonds and Ligaments of the people and both your and our Rights and chiefe inheritance we trust will cause you like the true sons of your worthy and valiant Ancestor to be enamored of them and to be now much more of the same mind then when you professed that you esteemed neither life nor livelyhood nor your neerest relations a price sufficient to the purchase of so rich a blessing that you and all the free-borne people of England might sit down in quiet under the glorious administration of justice and righteousnesse and in full possession of those Fundamentall Rights and Liberties without which we cannot be secure of any comfort of life or so much as life it self but at the pleasure of some men ruling meerly according to will and power And may the integrity of your hearts so appear in all your actions as may render you well pleasing in the sight of God who hath registred all your Vows of freeing this Nation from all kinds of bondages in the dayes of your distresse Keep therefore your hearts faithfull As Moses who when he was to lead the Israelites out of Aegypt would not leave a hoof in bondage and in so doing onely will you be the rejoycing of this Nation to all generations