Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94284	Englands freedome, souldiers rights: vindicated against all arbitrary unjust invaders of them, and in particular against those new tyrants at Windsore, which would destroy both under the pretence of marshall law. Or, the just declaration, plea, and protestation of William Thompson, a free commoner of England, unjustly imprisoned at Windsore. Delivered to his Excellency Sir Thomas Fairfax, and that which is called his Councell of Warre, the 14. of December, 1647. Unto which is annexed his letter to the Generall, wherein the said plea was inclosed. Also a petition to the rest of his fellow-prisoners to his Excellency.	Thompson, William, d. 1649.	1647 (1647)	Wing T1016; Thomason E419_23; ESTC R204646	10,648	12

me as you are a Generall and Officers of an Army by Marshall Law for endeavouring to make mutinies or tumults in your Army or by blasting and defaming your reputations and so drawing your Souldiers from their affection and obedience unto you I answer in the first place there can in this Kingdome be no pretence for Marshall Law but when the Kingdome is in a generall hurly-burly and uproare and an Army or Armies of declared enemies in the Field prosecuting with the sword the destruction of the whole and thereby stopping the regular and legall proceedings of the Courts of Justice from punishing offenders and transgressors But now there being neither Army nor Armies of declared enemies in the field nor no Garrisons in the possessions of any such men nor no generall hurly-burlies and uproares by any such men in the Kingdome but all such are visibly subdued and quieted and all Courts of Justice open and free to punish offenders and transgressors and therefore even to the Army it selfe and the Officers and Souldiers therein there is no reason or ground for exercising of Marshall Law much lesse over Commoners that are not under the obedience of the Army which is my cause And that in time of peace there neither is nor can be any ground of exercising and executing of Marshall Law I prove out of the Petition of Right which was made in the third yeare of the present King and is printed in Pubtons Collection of Statutes at large fol. 1431. 1432. which expresly saith that by Authoritie of Parliament in the 25. yeare of the Reign of King Edward the third it is declared and enacted That no man should be forejudged of life or limb against the forme of the great Charter and the Law of the Land and by the said great Charter and other the Lawes and Statutes of this Realme no man ought to be adjudged to death but by the Law established in this Realme * See the 9. H. 3. 29. 5. Ed. 3. 9. 25. Ed. 3. 4. 28. Ed. 3. 3. And whereas no offendor of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the Lawes and Statutes of this your Realme Neverthelesse of late divers Commissions under your Majesties great Seale have issued forth by which certaine persons have been assigned and appointed Commissioners with power and authority to proceed within the land according to the justice of Martiall Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any murder robberie felonie mutinie or other outrage or misdemeanor whatsoever and by such summarie course and order as is agreeable to Martiall Law and as is used in Armies in time of Warre to proceed to the triall and condemnation of such offendors and them to cause to be executed and put to death according to the Law Martiall By pretext whereof your Majesties Subjects have been by some of the said Commissioners put to death when where if by the Lawes and Statutes of the land they had deserved death by the same Lawes and Statutes also they might and by no other ought to have been judged executed * Yet it is very observable that at the very time when this Martiall Law complained of was executed the King had warres with France a forraigne enemy but there is no such thing now and therefore the Army or the grand Officers thereof have not the least shadow or pretence to execute it in the least or to deale with me a free Commoner as they have done And also sundry grievous offendors by colour thereof claiming an exemption have escaped the punishment due to them by the Lawes and Statutes of this your Realme by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborne to proceed against such offendors according to the same Lawes and Statutes upon pretence that the said offendors were punishable onely by Martiall Law and by authoritie of such Commissioners as aforesaid Which Commissions and all other of like nature are wholly and directly contrarie to the said Lawes and Statutes of this your Realme Therefore Sirs if you have any care of your own heads lives though you have none of the Liberties and Freedoms of England I again as a friend advise you to take heed what you doe unto me anie further in your illegall arb●trarie and tirannicall way that hitherto you have proceeded with me for largely understand that Canterbury and Strafford were this Parliament questioned for their arbitrarie and tirannicall actions that they did and acted man●… years before and the Lord Keeper Finch was by this Parliament questioned fo● actions that he did when he was Speaker of the House of Commons in the thir● of the present King An. 1628. and forced to flie to save his head In the sececond place I answer that if since the warres ended it was or coul● be judged lawfull for your Excellency and your Councell of Warre to execut● Marshall Law yet you have divested your selfe of that power upon the 4. an● 5. of June last at Newmarket Heath you owned the souldiers and joyned wit● them when they were put out of the States protection and declared enemies and further associated with them by a mutuall solemne ingagement as they were a Company of free Commoners of England to stand with them according to the Law of Nature and Nations * See the late Plea for th● Agents to recover your owne and all the peoples Rights and Liberties the words are these We the Officers and Souldiers of the Army subscribing hereunto do hereby declare agree and promise to and with each other that we shall not willingly disband nor dvide nor suffer our selves to be disbanded nor divided * See the ingagement in th● Armies Book of Declarations pag. 25. 26 27 28. untill we have security that we as private men or other the free-borne people of England shall not remaine subject to the like oppression injury or abuse as have been attempted Hereby it appears that from this time you and the souldiery kept in a body and so were an Army not by the States or Parliaments will but by a mutual agreement amongst all the Souldiers and consequently not being an Army by the Parliaments wills they were not under those rules of martiall Govermen● which were given by the will of the Parliament and your Excellencie could no longer exercise any such power over them as was allowed you by thos● Martiall Laws nay the Souldiers keeping in a body and continuing an Army only by mutuall consent did by their mutuall Agreement or Ingagement constitute a new kind of Councell wherby they would be Governed in their prosecution of those ends for which they associated and made every Officer incapable of being in that Councell which did not associate with them in that Ingagement The words of the Agreement or Ingagement are these we do hereby declare agree and promise