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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85874 To the right honorable the Lords assembled in Parliament the humble petition of Sir John Gayer knight and alderman of London; sheweth, ... Gayer, John, Sir, d. 1649. 1648 (1648) Wing G405; Thomason 669.f.12[7]; ESTC R210739 1,018 1

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TO The right honorable the Lords Assembled in PARLIAMENT The humble Petition of Sir John Gayer Knight and Alderman of London SHEWETH THat by the 29 Chapter of the great Charter all Commoners are to be tryed by their equals and there are 30 Sessions of Parliament which confirm the great Charter being a Statute declaratory of the Common Law especially those eminent Laws wherein your Lordships had your shares in making of them viz. the Petition of Right in the 3o Caroli and the Act for abolishing the Star-Chamber and regulating the Councel Table in the 17. Caroli in which many Statutes are enumerated That Commoners ought to be tryed by their equals by Bill of Indictment or writ original and by those of their neighbourhood And all Decrees and Judgments made contrary thereunto are declared thereby to be null and void in Law which bars al Presidents And by several Declarations and Ordinances your Lordships have declared that Ordinances are no Laws but temporary during the Wars and the cause of necessity being taken away your Lordships have promised the free people of England that they shall be governed according to the known Laws of the Land as it appears in the Ordinance dated the 15 of January 1647. And it is against the Law of God Nature and Nations that any person or persons should be Judg or Judges Examiner or Examiners in their own cause or to be tryed any otherwise then by a known Law for where there is no Law there is no transgression It is declared by Sir Edward Cook that the Parliament cannot make a Law against the Law of Nature which is custom according to Right and necessary Reason That Presidents are nothing in comparison of the Common and Statute Laws being known Maximes in Law A facto ad jus non valet Argumentum Gubernandum est legibus non exemplis Articles are nothing in Law but meer Innovations and Prerogative extrajudicials especially when ordinary persons are in question The old maxime in Law is Non recurrendum est ad extraordinaria quando fieri potest per ordinaria And your Lordships are not only sworn but have joyned by your legislative power to impose several oaths upon the free Commoners of England to defend the fundamentall Laws of the Land And I am confident your Lordships will be very tender of the preservation of the great Charter in which is wrapped up our lives liberties and estates Your noble Predecessors being so glorious and famous Instruments in assisting the PEOPLE in purchasing the same The Premises considered Your Petitioner being a free Commoner of England according to the known Laws of the Land de Jure claims his birth-right which is to be tryed by God and his Country in His Majesties Court of Iustice by the sworn Iudges of the Law and a Iury of his equals of his own neighbourhood where the pretended fact was done the Courts of Iustice being open And your Petitioner shall pray c. Aprill 19th 1648 presented to ye Lords by him selfe but Refused