Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	richard_n	sir_n	william_n	8,700	5	9.4526	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48472	The picture of the Councell of State, held forth to the free people of England by Lieut. Col. John Lilburn, M. Thomas Prince, and M. Richard Overton, now prisoners in the Tower of London for bearing testimony to the liberties of England against the present tyrants at White-Hall, and their associates, or, a full narrative of the late extrajudiciall and military proceedings against them ; together with the substance of their severall examinations, answers, and deportments before them at Darby-house, upon March 28 last.	Lilburne, John, 1614?-1657.; Prince, Thomas.; Overton, Richard, fl. 1646.	1649 (1649)	Wing L2155; ESTC R10562	40,210	29

the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army for the denyal of the authority is an Abrogation or Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Councell and Government contrary to all Martiall Law and Discipline by whom onely the Army engaged to be ordered in their prosecution of the ends to wit Their several Rights both as Souldiers and Commoners for which they associated Declaring agre●ing and promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and Desires in behalf of themselves and the Common-wealth as should be agreed unto by their Councell of Agitators And by vertue and under colour of this Establishment all the extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the major part of Members out of the House and their imprisonment without Cause declared c. which can no way be justified from the guilt of High Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Laws and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other Free-People and principally your cruel exercise of Martiall Law even to the Sentence and execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not only so but against others not of the Army we cannot but look upon your defection and Apostacie in such dealings as of most dangerous consequence to all the Laws and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation We do protest against your exercise of Martiall Law against any whomsoever in time of peace where all Courts of Justice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us And particularly against the Tryal of the Souldiers of C. Savages Troop yesterday by a Court Martiall upon the Articles of Warre and sentencing of two of them to death● and for no other end as we understand but for some dispute about their pay And the reason of this our Protestation is from the Petition of Right made in the third yeer of the late King which declareth That no person ought to be adjudged by Law Martiall except in times of Warre And that all Commissions to execute Martiall Law in time of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martiall Law was then commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of Feb. and the 17. of March 1648. commend as the most excellentest Law in England and there promise to preserve inviolably it and all other the Fundamentall Laws and Liberties concerning the preservation of the Lives Properties and Liberties of the people with all things incident thereunto And the Exercise of Martiall Law in Ireland in time of Peace was one of the chiefest Articles for which the Earl of Strafford lost his head The same by this present Parliament being judged high Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the Fundamentall Liberties and Principles of the Common Law of England It being a maxime in Law and Reason both that all such Acts and Ordinances are ipso facto null and void in Law and binds not at all but ought to be resisted and stood against to the death And if the supreme Authority may not presume to do this much lesse may You or Your Officers presume therupon for where remedy may be had by an ordinary course in Law the party grieved shall never have his recourse to extraordinaries Whence it is evident that it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Lawes and Statutes of the Realme in the time of Peace as now it is and the extraordinary way by Court Martiall in no wise to be used Yea the Parliaments Oracle S. Ed. Cook Declares in the third part of his Institutes Cap. of Murther that for a General or other Officers of an Army in time of Peace to put any man although a souldier to death by colour of Martiall Law it is absolute murther in that Generall or Councell of War 〈◊〉 Therefore erecting of Martiall Law now when all Courts of Justice are open and stopping the free current of Law which sufficiently provides for the punishment of Souldiers as well as others as appears by 18. H. 6 Ch. 18 19. 2 3. Ed. 6. Cha. 2. 4 5. P. M. Chap. 3. 5. Eliz. 5. 5. Jam. 21. is an absolute destroying of our Fundamentall Liberties and the razing of the Foundation of the Common Law of Eng 〈◊〉 the which o●t of duty and Conscience to the Rights and Freedoms of this Nation 〈◊〉 we value above our lives and to leave You and all Your Councell without all ex 〈◊〉 we are moved to present unto your Excellencie Earnestly pressing you well to consider what you doe before your proceed to the taking away the lives of thosemen by Martiall Law least the blood of the Innocent or the blood of War shed in the time of peace and so palpable subversion of the Lawes and Liberties of England bring the reward of just vengeance after it upon you as it did upon the Earle of Strafford of old for innocent blood God will not pardon Gen. 9 5. 6. 1 Kings 2 v. 4. 5. 28 29 30 31 32 33. and what the people may do in case of such violent subversion of their Rights we shall leave to your Excellency to judge and remaine Sir Your Excellencies humble Servants Iohn Lilburn Richard Overton From our Causelesse unjust and Tyranical Captivity in the Tower of London April 27. 1649. POST SCRIPT And that for the present General or his Councel to put any man to death in time of peace by Martiall Law is not only Murder but Treason is undenyably proved in Capt. John Ingrams Plea and M. William Tompsons Plea and M. Joh● Crosmans Plea all of which are printed at large in Lieut. Col. John Lilburn's Book called FINIS