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cause_n call_v king_n time_n 2,693 5 3.4189 3 true
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A88207 The iust mans iustification: or A letter by way of plea in barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons. In which letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate court of justice whatsoever. Lilburne, John, 1614?-1657. 1646 (1646) Wing L2125; Thomason E340_12; ESTC R200876 25,288 20

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Image of God made he man and so likewise when God comes to give a law unto the Isralites as a nation yea and that law which we call the Morrall law and observe as binding to us to this day he doth it in plaine words without amibguous or doubtfull tearmes short and in their owne tongue Exo. 20 and that the people might be at a certaintie Moses as his Minister and officer writ and reade it in the audience of the people unto which they gau● their consent Exo. 24 4.6 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo. 24.12 31.18 and chap. 34. yea and in this plainnesse was all the Lawes God gaue unto them which he did not only barely ranke and so let the people goe seeke them where they could find them but he also with Majestie proclaimes them openly and as if that were not enough that so they might know the Law and not in the least plead ignorance of it Moses declares it to them againe and againe Deu. 5 chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they fit in their house and when they go abroad and when they lie downe and rise up yea and that they should write them upon the posts of their houses and upon their gates D●u 11.19.20 yea and that they should write them very plainly Deut. 27.8 and the reason is because the just God hath done and will doe just and righteous things and will not be so unjust as to punnish men for transgressing a law they know not and therefore saith Moses to Israel in the behalfe of the just God and his law It s not hidden from thee neither is it farre off It is not in Heaven that thou shouldests say who shall go up for us to Heaven and bring it unto us that wee may heare it and doe it neither is it beyond the Sea that thou shouldest say who shall go over the Sea for us and bring it unto us that wee may heart it and doe it But the word is very nigh unto thee in thy mouth and in thy heart that thou maist doe it so saith he I have set before thee this day life and good death and evill Deut. 30.11.12.13 14.19 yea and that the generations to come might not think that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so sollemnly published he delivers it a stnading Law in future generations unto the Priests Elders and people that at the end of every seaven Yeares in the solemnity of the yeare of release in the feast of Tabernacles When all Israell is com to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israell in their hearing Gather the people together men and women and children and thy stranger that is within thy gates that they may heare and that they may learne feare the Lord your God and observe to doe al the words of this Law And that their Children which have not knowne any thing may heare and learne to feare the Lord your God as long as you live Deut. 31.9.10.11.12.13 So wee see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their owne tongue and not in the language of strangers and what care he takes to have it published and taught unto the people But if wee will but impartially read our English histories wee shall clearely find that the tedious unknowne and impossible to be understood common law practises in Westnmister Hall came in by the will of a Tyrant namly William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law Speed 424. commonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes new constitutions new formes of pleas new offices and Courts and that whereas saith he fol. 46 before the causes of the Kingdome were determined in every Shire and by Law of King Edwad se all matters in question should upon especiall penalty with out further deferment be finally decided in their Gemote or conventions held monthly in every hundred he ordained that fower times in the yeare for certain dayes the same businsse should be determined in such place as he would appoint where he constituted Judges to attend for that purpose and others from whom was from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his Judges saith Martin in his history folo 5. follow his Court upon all removes which tired out the English Nation with extreordinary troubles and excessive charges in the prosecution of their suites in Law and saith fol 4. he also enacted and established strait and severe Lawes and published them in his owne language as all the practizes of the Law and all petitions and businesse of the court were by meanes whereof many who were of great estate and of much worth tough ignorance did transgresse and their smalest offences were gerat enough to intitle the Conquerour to the lands and riches which they did possesse all which he seized on and tooke from them without remorse And although the agrieved Lords and sad People of England humbly petitioned him that according to his oath twice formerly taken that he would restore them the Lawes of St. Edward under which they were born and bred and not adde unto all the rest of their misery to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he tooke his oath the third time to preserve their Lawes and liberties but like a perjur'd Tyrant never observed any of his oaths and the same saith Daniel Fol. 43. did Henry the first Henry the second and King Iohn c. and yet notwithstanding these followed saith he a great innovation both in the Lawes and Government of England so that this seems rather to be done to acquit the People with the show of the continuation of their ancient Customes and Liberties then that they enjoyed them in effect For the little conformity between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originals yet the main stream of our Common law with the practice thereof flowed out of Normandy notwithstanding all objections can be made to the contrary and therefore J say it came from the Will of a Tyrant But it may be objected that the Law it selfe is not now either in French or Latine and therefore not so bad as you would make it I shall answer in the words of Daniel Follio 251. That it is true upon