Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	justice_n	law_n	1,616	5	4.3920	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88152	To the chosen and betrusted knights, citizens, and burgesses, assembled in the High and Supream Court of Parliament The humble petition of Elizabeth Lilburne, wife to Leut. Coll: Iohn Liliburne, who hath been for above eleven weeks by past, most unjustly divorced from him, by the House of Lords, their tyrannicall officers, against the law of God, and (as she conceives) the law of the land.	Lilburne, Elizabeth.	1646 (1646)	Wing L2077; Thomason 669.f.10[86]; ESTC R210632	5,443	1

their medling with it All which was wanting in the case of your Petitioners Husband being begun and ended by themselves alone and also seeing that by the 29. of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tryed otherwise then by their Peers which Sir Edward Cook in his Exposition of Magna Charta which book is printed by your own speciall authority saith is meant Equals folio 28. In which saith he folio 29 are comprised Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees but no Lords And in pag 46 he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he Lands or livelihood or of his liberties or free customes that is of such franchesses and freedomes and free customes as belong to him by his free birth-right unlesse it be by the lawfull judgment that is Verdict of his Equals that is saith he of men of his own condition Or by the Law of the Land that is to speake it once for all by the due course and prosses of Law And saith he No man shall be in any sort destroyed unlesse it be by the Verdict and judgment of his Peers that is Equals or by the Law of the Land And the Lords themselves in old time did truly confesse that for them to give judgment of a Commoner in a criminall case is contrary to Law as is cleer by the Parliaments record in the case of Sir Simon de Bertford 4. Ed. 3. Rot. 2. the Copie of which is still in the hands of M. Henry Martin And they there record it that his case who was condemned by them for murthering King Edward 2. shall not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the manner of their proceedings was contrary to all the formall waies of the Law publikely established by Parliament in this Kingdome as appeares by severall Statutes o which expresly say that none shall be imprisoned nor put out of his free-hold nor of his frencheses nor free Customes unlesse it be by the law of the Land And that none shall be taken by Petition or Suggestion made to the King or to his Counsell unlesse it be by endictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done indue manner or by procees made by writ originall at the Common-Law Which Statutes are Nominally and expresly confirmed by the Petition of right by the act made this present Parliament for the abollishing the Star-Chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the lords like those wicked Justices spoken of by Sir Edward Cooke in stead of trying her husband by the Law of the Land proceed against him by a partiall tryall flowing from their Arbitrary will pleasure and discression For though they summoned him up to their bar Iune 10. 1646. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to New-gate June 11. 1646. although he behaved himselfe then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like-Interogatories and for delivering his legall Protestation There mittimus being as illegall as their summoning of him and their other proceedings with him There commitment running To be kept their not till he be delivered by due course of Law but DURING THEIR PLEASURE which Sir Edward Cook saith is illegall q and then locked up close that so he might be in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the Law and to admit him to your Bar himselfe to plead his own cause if you be not satisfied in the manner of his proceedings or else according to Law justice and that duty and obligation that lieth upon forthwith to release him from his unjust imprisonment and to restrain and prohibit the illegall and arbitrary proceedings of the lords according to that sufficient power enstated upon you for the enabling you faithfully to discharge the trust reposed in you and to vacuate this his illegall sentence and fine and to give him just and honourable repairations from the Lords and all those that have unjustly executed their unjust commands It being a rule in law and a Maxim mad use of by your selves in your Declaration 2. 1642. r That the Kings illegall commands though accompanied with his presence doe not excuse those that obey them much lesse the Lords with which the Law accordeth And so was resolved by the Iudges 16. Henr. 6 s And that you will legally and judicially examine the Crimes of the Earle of Manchester and Col. King which the Petitioners husband and others have so often complained to you off and do examplary justice upon them according to their deserts or else according to Law and justice punish those if any that have falsly complained of them And that you would without further delay give us relief by doing us Iustice All which she the rather earnestly desireth because his imprisonment in the Tower is extraordinary chargeable and insupportable Although by right and the custome of that place his fees chamber and diet ought to be allowed him and paid out of the treasure of the Crowne he having wasted and spent himselfe with almost six yeares attendance and expectation upon your honovrs for justice and repairations against his barbarous sentence c. of the Star-Chamber to his extraordinary charge and dammage and yet never received a penny and also lost divers hundreds of pounds the yeare he was a prisoner in Oxford Castle for you neither can he receive his Arrears for his faithfull service with the Earle of Manchester although he spent with him much of his own mony And the last year by the unadvised means of some Members of this Honourable House was committed prisoner for aboue 3. moneths to his extraordinary charges and expences and yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned for which according to law and justice he ought to receive reparations but he never yet had a penny all which particulars being considered do render the condition of your Petitioner her husband and children to be very nigh ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour and conscience cannot be denyed her And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the Kingdome according to the GREAT TRUST reposed in you and so free your selves from giving cause to be judged men that seeke your selves more then the publique good Elizabeth Lilburne a Coll. of decle pag 264 336. 382 508 613. 705. 711. 716 721 724 725 726 729. 730. b coli decl. page 361 ●63 protestation and covenant c coli decler. pag 81 172 262 266 267 340 459. 462 471 473 588 690. d col decler p. 464 490. 750 e coll. declar pag. 214. f coli decler p. pag. 666. g Ier. 22. 15 16 17. h col decler. page 666. 673. i col decler. p. 264 281 494. 497. 654 694 696. k col decler. p. 7. 38 140 845 l pag 660. m Magna Charta 29. Sir E. Cook 2. part institutes folio 28 29. 46. Rot. 2. Ed. 3. n col decler. 6 7. 8. o 5. Ed. 3. 9. 25. Ed. 3. 4. 37 Ed. 3. 8. 38. Ed. 3. 9. 42 Ed. 3. 3. 17. Ri. 2. 6. Rot. parli 43. Ed 3. Sir Io Alees case Num 21 22 23 c. lib. 10. fol. 74. in case dela marshalsea see Cook 2 part insti fol. 46. q 2. part insti fol. 52 53. p 2. part insti. 5. 1. r col decle p. 723. s See Cook 2. part Insti. fol. 187.

To the Chosen and betrusted Knights Citizens and Burgesses assembled in the High and Supream Court of PARLIAMENT The humble Petition of ELIZABETH LILBURNE Wife to Leut. Coll IOHN LILBURNE who hath been for above eleven weeks by past most unjustly divorced from him by the House of lords and their Tyrannicall Officers against the Law of God and as she conceives the Law of the Land Sheweth THat you only and alone are chosen by the COMMONS OF ENGLAND to maintain their Lawes and Liberties and to do them Iustice and Right a which you have often before God and the World sworne to do b yea and in divers of your Declarations declared it is your duty in regard of the trust reposed in you so to do c without any private aimes personall respects or passions whatsoever d and that you think nothing to good to be hazarded in the discharge of your Consciences for the obtaining of these ends e and that you will give up your selves to the uttermost of your power and judgment to maintain truth and conforme your selves to the will of God f which is to do Iustice and g right and secure the persons estates and liberties of all that joyned with you h impricating the Iudgments of Heaven to fall upon you when you decline from these ends you judging it the greatest scandall that can be laid upon you that you either do or intend to subvert the Lawes Liberties and Freedomes of the people i which freedomes c you your selves call the COMMON BIRTHRIGHT OF ENGLISH-MEN k who are borne equally free and to whom the Law of the Land is an equall inheritance and therfore you confesse in your Declaration of 23. Octob. 1642 l It is your duty to use your best endeavours that the meanest of the Commonalty may enjoy their own birth-right freedome and liberty of the Lawes of the Land being equally as you say intituled thereunto with the greatest subject The knowledge of which as comming from your own mouths and pen imboldneth your Petitioner with confidence to make her humble addresses to you and to put you in mind that her husband aboue two moneths agoe made his formall and legall appeal to you against the injustice and usurpation of the Lords acted upon him which you received read committed and promised him Iustice But as yet no report is made of his businesse nor any reliefe or actuall Iustice holden out unto him although you have since found time to passe the Compositions as pardons for the infranchising many of those that your selves have declared Traytors and Enemies to the Kingdome which is no small cause of sorrow to your Petitioner and many others that her Husband who hath adventured his life and all that he had in the World in your lowest condition for you should be so sleighted and disregarded by you as though you had forgot the duty you owe to the Kingdome and your many oaths vowes and Declarations which neglect hath hastned the almost utter ruine of your Petitioner her husband and small Children For the lords in a most Tyrannicall and barbarous manner being incouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little roome without the use of pen inke or paper for no other cause but for refusing to kneel at the Bar of those that by Law are none of his Iudges m the cruell Iaylers all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his Chamber dore or to come in to the prison yard to speak with him or to deliver unto his hands either meat drink mony or any other necessaries A most barbarous and illegall cruelty so much complained of by your selves in your Petition and Remonstrance to the King 1. Decemb. 1641. n and detested and abhorred there by you as actions and cruelties being more the proper ishues of Turks Pagans Tyrants and men without any knowledge of God then of those that have the least spark of Christianity honour or Iustice in their breasts And then while they thus tyrannised over your Petitioners Husband they command as yovr Petitioner is informed Mr. Seargeant Finch Mr. Hearne Mr. Haile and Mr. Glover to draw up a Charge against your Petitioners Husband without giving him the least notice in the world of it to fit himselfe against the day of his Tryall but contrary to all Law Iustice and Conscience dealt worse with him then ever the Star-Chamber did not only in keeping his Lawyers from him but even all manner of Counsellers and Friends whatsoever even at that time when they were about to try him and then of a sudden send a warrant for him to come to their Bar who had no legall authority over him to heare his Charge read where he found the Earle of Manchester his professed Enemy and the only party of a lord concerned in the businesse to be his chiefe Iudge contrary to that just Maxime of Law that no man ought to be both party and Iudge A practise which the unjust Star-Chamber it selfe in the daies of its tyranny did blush at and refuse to practice as was often seen in the lord Coventries case c. And without any regard to the Earle of Manchesters impeachment in your House of Treachery to his Country by Leut. Gen. Cromwell which is commonly reported to be punctually and fully proved and a Charge of a higher nature then the Earle of Straffords for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sence of being a Iudg And a great wrong and injustice it is unto the Kingdom to permit him and to himselfe if innocent not to have had a legall tryall ere this to his Iustification or condemnation And besides all this because your Petitioners husband stood to his appeale to your honors and would not betray Englands Liberties which you have all of you sworne to preserve maintain and defend they most arbitrarily illegally and tyrannically sentenced your Petitioners said Husband to pay 4000 l. to the King not to the State for ever to be uncapable to bear any office in Church or Common-wealth either Marshall or Civill and to lie seven years a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars as illegally dealt withall as he was when he was in Newgate Now forasmuch as the lords as they claime themselves to be a House of Peers have no legall judgment about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14. Ed. 3. 5. which are delayes of justice or error in judgment in inferior Courts only and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgment and an expresse Commission from the King for