Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	lord_n	4,135	5	3.8427	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88180	England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate.	Lilburne, John, 1614?-1657.	1645 (1645)	Wing L2102; Thomason E304_17; ESTC R200315	41,349	51

men that the Parliament hath a power to annull a Law and to make a new Law and to declare a Law but known Laws in force unrepealed by them are a Rule so long as they so remain for all the Commons of England whereby to walk and upon rationall grounds is conceived to be binding to the very Parliament themselves as well as others And though by their legislative power they have Authority to make new Laws yet no free-man of England is to take notice or can he of what they intend till they declare it neither can they as is conceived justly punish any man for walking closely to the knowne and declared Law though it crosse some pretended Priviledge of theirs remaining onely in their own breasts For where there is no Law declared there can be no transgression therefore it is very requisite that the Parliament would declare their Priviledges to the whole Commons of England that so no man may through ignorance by the Parliaments default run causelesly into the hazard of the losse of their lives liberties or estates for here it is acknowledged by themselves that their Power is limited by those that betrust them and that they are not to doe what they list but what they ought namely to provide for the peoples weal and not for their woe so that unknown Priviledges are as dangerous as unlimited Prerogatives being both of them secret snares especially for the best affected people It is the greatest hazard and danger that can be run unto to disart the onely known and declared Rule the laying aside whereof brings in nothing but Will and Power lust and strength and so the strongest to carry all away for it is the known established declared and unrepealed Law that tells all the Free-men of England that the Knights Burgesses chosen according to Law and sent to make up the Parliament are those that all the Commons of England who send and choose them are to obey But take away this declared Law and where will you find the rule of Obedience and if there be no rule of Obedience then it must necessarily follow that if a greater and stronger number come to a Parliament sitting and tell them that they are more and stronger then themselves and therefore they shall not make Laws for them but they will rather make Laws for them must they not needs give place undoubtedly they must Yea take away the declared unrepealed Law and then where is Meum Tuum and Libertie and Propertie But you will say the Law declared binds the People but is no rule for a Parliament sitting who are not to walke by a knowne Law It is answered It cannot be imagined that ever the People would be so sottish as to give such a Power to those whom they choose for their Servants for this were to give them a Power to provide for their woe but not for their weal which is contrary to their own foregoing Maxime therefore doubtlesse that man is upon the most solid and firm ground that hath both the Letter and equity of a known declared and unrepealed Law on his side though his practise doe crosse some pretended Priviledge of Parliament And whereas by an Act made this present Parliament Anno 17. Caroli Regis intituled An Act for Regulating of the Privie Counsell and for taking away the Court commonly called The Star-Chamber It is there declared That the Proceedings Censures and Decrees of the Star-Chamber have by experience been found to be an intollerable burthen to the Subject and the means to introduce an Arbitrary Power and Government and that the Councell-Table have adventured to determin of the Estates and Liberties of the Subject contrary to the Law of the Land and the Rights and Priviledges of the Subject Which Laws are there recited as first Magna Carta and the 5. Ed. 3. 9. and 25. Ed. 3. 4. and 28. Ed. 3. 3. the last of which saith That it is accorded assented and established that none shall be taken by Petition or suggestion made to the King or His Councell unlesse it be by Indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by Processe made by Writ originall at the Common Law and that none be put out of his franchise or Freehold unlesse he be duly brought in to answer and fore-judged of the same by the course of the Law and by another Statute made in the 42 Ed. 3. 3. it is there inacted That no man be put to answer without presentment before Justices or matter of Record or by due Processe and Writ originall according to the old Law of the Land Therefore for the Subjects good and welfare in future time it is Inacted That from henceforth no Court Councell or place of Judicature shall be erected ordained constituted or appointed within this Realme of England or dominion of Wales which shall have use or exercise the same or the like jurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber that then whosoever shall offend or doe any thing contrary to the purport true intent and meaning of this Law then he or they shall for such offence forfeit the Sum of five hundred pounds of Lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute the same and first obtaine judgement thereupon to be recorded in any Court of Record at Westminster by Action of debt Bill Plaint or Information wherein no Essoine Protection wager of Law aid Prayer Priveledge Injunction or Order of Restraint shall be in any wayes prayed granted or allowed nor any more then one imparlance c. And the Petition of Right which may be said to be more then a bare Law for it is a Declaration of the equity true intent and meaning of Magna Carta and other the good Laws of the Land which provides for the peoples freedome and binds all as well the trusted as those that trust as appeares in the Parliaments Prayer to the King which is That no Free-man hereafter be used contrary to what is before expressed c. which they say is the Rights and liberties of the Free-men of England unto which the King answeres Let Right be done according to the Lawes and Customes of the Realme But this Answer admitting still a Dispute what was the true intent and meaning of the Lawes and Customes of the Realm They Petition the King again to give a more full satisfactory answer which he doth and saith Let Right be done as in the Petition is desired and amongst other things there expressed it is declared to be contrary to law to imprison a man without cause shewed or expressed and also that it is contrary to Law to force a man to answer to Questions concerning himself or for refusall to commit him to prison So far their own words And therefore it were well that both Parliament-Committees and all

The PREAMBLE to all the Free-borne People of ENGLAND BRethren and Fellow-Commons God and the world knowes that the well-affected party of this Kingdome discerned by their voluntary aide to the Parliament having tryed all possible and fair means as much as any People for number and power of any Kingdom or Nation ever did by Prayers Assistance Concurrence Attendance Petitions Oblations Informations and Discoveries as well of Treasons as of utter desolations and perceiving themselves now at last to be in a far worse condition both in number and power their Lives and Estates yea and precious time also being so far spent then they were at the first and besides like to loose all and scarcely to have or leave so much as their Lives Lawes or Liberties for a prey And seeing by manifold examples of grievous experience that neither Petitions can be easily accepted justice truely administred the Presses equally opened the cryes of the poor heard the teares of the oppressed considered the sighes of the Prisoners regarded the miseries of the widow and Fatherlesse pittyed nor scarcely any that are in distresse relieved but Lawes any way wrested most of our freedoms restrained Ordinances Protestations Oathes and Covenants slighted the hearts of all Estates King Parliament Priest and People obdured the wicked for the most part absolved the just oftentimes condemned and most of all in Authority perjured not only by breaking that solemne Oath which themselves did make and compelling others to take but neverthelesse by persecuting those who make Conscience to keep it even because they will not break it In deep sad serious and lamentable consideration of all these grievous proceedings and as much by feeling the smart as hearing seeing or knowing the verity thereof chiefly the Opressions taxations Insurrections Rebellions Presecutions Violences Robbeies Sequestrations and Combustions I with my poor one Talent in stead of him that hath Ten out of a dutifull and consciencious love tender and pittifull respect to my Nation now in this her great defection and apparent desolation chiefly for the remnant thereof who mourn in secret both for her great abominations sins desolations and their own particular transgressions and who doubtlesse are marked to escape the fury of Gods fearfull indignation Have used my best endeavours here both to shew the maladies and remedies of this sick swouning bleeding and dying Nation that if God hath not ordained it like Babell to sudden inevitable and utter destruction it may yet be cured and a remnant reserved according to the Lords usuall dealing in all his visitations remembring his tender compassions and mercy even in the midst of his most fearfull judgements and severitie that in despight of Sathan and all his instruments they may doe justice and judgement and praise him in sincerity Farewell ENGLANDS BIRTH-RIGHT Justified Against all Arbitrary Vsurpation whether REGALL or PARLIAMENTARY or under what Vizor soever With divers Queries Observations and Grievances of the People declaring this Parliaments present Proceedings to be directly contrary to those fundamentall Principles whereby their Actions at first were justifyable against the King in their present Illegall dealings with those that have been their best Friends Advancers and Preservers And in other things of high concernment to the Freedom of all the Free-born People of England By a Well-wisher to the just cause for which Lieutenant Col. JOHN LILBVRNE is unjustly imprisoned in New-gate In the 150. page of the Booke called An exact Collection of the Parliaments Remonstrances Declarations c. published by speciall Order of the House of Commons March 24. 1642. we find there a Question answered fit for all men to take notice of in these sad times which followeth Quest NOw in our extreame distractions when forraigne forces threaten and probably are invited and a malignant and Popish party at home offended The Devill hath cast a bone and rais'd a Contestation between the KING and PARLIAMENT touching the MILITIA His Majestie claims the disposing of it to be in Him by the right of Law The Parliament saith Rebus sic stantibus and nolenti Rege the Ordering of it is in them Ans WHich Question may receive its solution hy this distinction That there is in Laws an equitable and a literall sense His Majestie let it be granted is intrusted by Law with the Militia but it is for the good and preservation of the Republick against Forraign Invasions or domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves or the Common-wealth that intrusts them to provide for their weal not for their woe So that when there is certaine appearance or grounded suspition that the Letter of the Law shall be improved against the equitie of it that is the publick good whether of the body reall or representative then the Commander going against its equity gives liberty to the Commanded to refuse obedience to the Letter for the Law taken abstract from its originall reason and end is made a shell without a kernell a shadow without a substance and a body without a soul It is the execution of Laws according to their equity and reason which as I may say is the spirit that gives life to Authority the Letter kills Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that Analogie which all bodies Politick hold with the Naturall whence all Government and Governours borrow a proportionable respect And therefore when the Militia of an Army is committed to the Generall it is not with any expresse condition that he shall not turn the mouthes of his Cannons against his own Souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or command such a thing against the nature of his trust and place it did ipso facto estate the Army in a right of Disobedience except we think that obedience binds Men to cut their owne throats or at least their companions And indeed if this distinction be not allowed then the legall and mixt Monarchy is the greatest Tyranny for if Laws invest the King in an absolute power and the Letter be not controlled by the equity then whereas other Kings that are absolute Monarchs and rule by Will and not by Law are Tyrants perforce Those that rule by Law and not by Will have hereby a Tyranny confer'd upon them legally and so the very end of Laws which is to give bounds and limits to the exorbitant wills of Princes is by the laws themselves disappointed for they hereby give corroboration and much more justification to an arbitrary Tyranny by making it legall not assumed which Laws are ordained to crosse not countenance and therefore is the Letter where it seems absolute alwayes to receive qualification from the equity else the foresaid absurdity must follow So farre the Parliaments own words It is confessed by all rationall

Ewbanke and Michael Dawson all of the County of Durham ¶ The Copies of Colonell THO. MIDFORDS Certificate with others given under their hands THat about July 1642. Thomas Midford and George Lilburne went on purpose to the House of Sir Henry Vane the elder neere Charing-Crosse and there acquainted him of the freequent meetings of the Papists and their adherents in the County of Durham and that they did not onely gather together most of the prime Horses of the said County but did exercise them in Armes and trained the said Horse to the discouragement of all the true-hearted Protestants of the said County And that the Sea-ports of the said County were fit to betaken care of which the said Sir Henry Vane promised to take timely care of making shew that hee intended shortly to goe downe into the said County In the meane time desired the said George Lilburne and the said Thomas Midford to goe to the Deputy Lieutenants and acquaint them with the aforesaid Information and to tell them from him that he could not then write to them concerning the same but bid them take care thereof till he gave further Order The said Thomas Midford about the end of the said moneth comming into the said County went to Durham and did acquaint Sir William Darcie being then high Sheriffe of the said County Sir John Conyers and others at John Halls House in Durham of the same who returned the said Midford no other answer but well well and seemed to make no great matter thereof 18 June 1645. Tho. Midford In the yeere 1643 Nicolas Heath of Little-Eden in the County of Durham Esq came to Sir Hen. Vane senior in Westminster-Hall and told him that the County was in a very sad Condition and the Inhabitants utterly undone unlesse there were some present course taken for preventing of raising the forces which were then a gathering but Sir Henry Vanes Answer was That he never thought otherwise NIC. HEATH 18 June 1645. Mr. Henry Dingly died in Jan. 1644. at Charing-Crosse and lodged neer Sir Henry Vanes House testis John Marr Esq Clarke of the Kitching to the Prince Mr. William Conyers Steward of his Land hath continued in his service likewise and lived in Raby Castle ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne till within these Foure moneths last past Testis Mr. George Lilburne and Col. Rob. Lilburne his Nephew June 2. 1645. 5. When Alderman Gurney was Lord Major of London the Citizens complained to the Parliament of him and others of his Brethren and also of the Recorder Gardner those that prosecuted the Cities busines was principally Alderman Folkes and Alderman Gibbs that Monopoliser and Mr. Gline now Recorder sate in the Chaire of that Committee but as soon as they had justled out those they complained of and set themselves downe in their places or Saddles rode and spurr'd the poor Commons of London as hard as ever the former did and troad in Strafford's pathes of Arbitrary Goverment as much as the former and the People sigh groane and cry out of their unjust bondage by the Lord Major present Recorder and Court of Aldermen and the Parliament look upon them with a slighting eye and afford them no helpe though the Commons of London have been chief Instruments under GOD of saving their Lives Liberties and Estates howbeit now they goe about to make them slaves for their paines it were well therefore the Commons of London would aske their Foure Burgesses if they did not send them to sit in Parliament to preserve and defend their Liberties and if they finde they have not performed their trust then to desire to choose Foure more Faithfull Carefull and stouter in their places and that the Commons of London are sensible of their being rob'd of their Freedomes by the aforesaid parties the Petition of divers of them presented to the whole Common Councell sitting in Guild-hall in Aprill last and since printed doth fully declare whereof a true Copy here followeth To the Right Honourable The LORD MAJOR and the Right Worshipfull the Aldermen and Common-Councell of the City of LONDON In Common Councell Assembled The humble Petition of divers Citizens of this Honourable City SHEWING THat the afflictions and sorrows of our hearts are unexpressable in regard of the manifold miseries that are upon us and thousands of our deer Brethren and fellow Citizens complaints being generall and very grievous As amongst many other I. That the Poore is in great necessity wanting wherewith to set themselves on worke their Children uneducated and thereby prepared to wickednesse and beggery II. That Trading is exceedingly decayed whereby thousands that have lived in a free and plentifull way are many fallen and are more falling into great extremity III. That Assesments are made very unequall whereby the Taxes laid upon the City are made burthensome and paid with much repining IV. That the Forces of the Citie are very much abated and that the Citie is not in a Posture of Warre answerable to its greatnesse or its danger And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances yet our miseries are such that we are in effect debarred from opening our griefes or proposing our remedies to any that hath power to help us For if wee motion our going to the Parliament immediately as was usuall and successfull in former times our mouthes are presently stopt with this prejuditiall rumour That the Parliament will not receive any Petition from the Citizens but by the Common-Councell whereupon few or none will move in that way though there be never so urgent necessities If wee propose to goe through the Common-Councell sad experience hath proved it so difficult to obtaine a Common-Councell that men are weary in pursuance thereof The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause also that nothing shall be debated but what hath been first presented to the Court of Aldermen and that after debate the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote or by dissolving the Court at his pleasure By which Prerogative Rules if the Lord Major will not or cannot preserve the Citizens from miseries and destruction Will not heare our Complaints nor be sensible of our necessities The whole power of the chosen Common-Councell men may not interpose or use any meanes for our preservation and relief Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices But that the safety and well-being of so great a People should depend upon the understanding and affections of so few and that the whole City must be without a just means to preserve themselves or to remedy things that are any wayes amisse except the Lord Major and Aldermen will assent And that those whom the People yeerly

was altogether such a one as thy self but I will reprove thee and set them in Order before thine eyes Now consider this yee that forget GOD lest I teare you in pieces and there be none to deliver Whoso offereth praise glorifieth me and to him that ordereth his conversation aright will I shew the salvation of God But as the Prophet Jeremiah saith chap. 23. c. But this people hath a revolting and rebellious heart they are revolted and gone neither say they in their heart let us now feare the Lord our GOD that giveth rain both the former and the latter in his season hee reserveth unto us the very appointed weeks of the harvest your iniquities hath turned away these things and your sinnes have withdrawen good things from you For among my people are found wicked men they lay wait as hee that layeth snares they set a trap to catch men As a cage is full of birds so are their houses full of deceit therefore they are became great and waxed rich They are grown fat they shine yea they overpasse the deeds of the wickod they judge not the cause the cause of the fatherlesse yet they prosper and the right of the needy doe they not judge Shall I not visite for these things saith the Lord shall not my soul be revenged on such a Nation as this A wonderfull and horrible thing is committed in the Land the Prophets Prophesie falsly and the Priests heare rule by that means and my people love to have it so and what will yee doe in the end thereof But to returne to our former matter especially the grievances of the Nation through the mistake of the Printer in omitting of some Manuscripts and the absence of the Author when the Monopolies in the former part of this Book were expressed as chiefly that soul-starving or murthering Monopoly in hindering the free passage of the Gospel by extorting the prices of Bibles which the false self-loving Stationers as deadly enemies to all goodnesse have been enterprizing a long time to obtaine and against all common freedom to engrosse into their owne hands the sole and only selling of them by which meanes they intend to sell at what rates soever they please though already they sell at double the rate that honest wel-affected Common-wealths men may print and sell them and also be conscionable gainers by them So of all Monopolies or Patents next the monopolizing of ingrossing the Preaching of Gods Word into the Tything and gripeing clawes of the Clergy this is the most wicked and intollerable because it deprives many both poore servants and others of meane condition to buy any Bibles at all by reason of the extraordinary dearth or dearnesse of them that thereby they might be instructed in the way to heaven and happinesse and taught their duty also towards their Masters and the Magistrates whereby it is evident that those Stationers thus enterprising are self-seekers and as great enemies to the Common-wealth as they are to all goodnesse And besides they employ the Bishops old Theeves and Roagues about their robbing affaires as Hunscott their Beadle for one and a tall pale-faced fellow for another who lately with their base crue of robbing Partners under pretence of Parliamentary Authority to search for dangerous Bookes have robbed divers honest mens houses in London who have been the Parliaments best freinds and servants and particularly Lievtenant Colonell Lilburnes house who being Prisoner in New-gate and his wife with him and the great with Childe neer her time those robbers took advantage of their absence And none being in the House but an old Gentle-woman at that time whom they much frighted as they did a young Gentle-woman in another place to the great danger of her life insomuch that she cryeth out in her extreame-Fever Hunscott Hunscott they ranne up into the Chambers stole out of his wives Drawers divers pieces of her Child-bed linnen and such other things as they pleased and refused to shew the Old-woman what they had stollen though shee earnestly intreated them And in other the Parliaments freinds houses under the colour of Parliamentary Authority they at least doe rob all choice old books as well as new upon all occasions of such grievous oppressions and unexpected persecutions And not only hath this base fellow Hunscott this so needfull and profitable Office of Robbing but it is reported that hee hath also another as needfull and profitable for he gathereth the Excise for Cattell and Hats c. which with the former is esteemed to be worth 500 l. per annum to him Oh! what a cleer demonstration of future and intended slavery may be well and cleerly perceived by any who have but halfe an eye to begin againe among us though after more hidden and obscured wayes then formerly when such sturdy Roagues bold Robbers shamelesse covetous and impudent Tyrants as this or his fellows are authorized and sent from high Judicatories upon such ungodly barbarous designes inhumane enterprizes yet found good enough also to be imployed in the great Affaires of the Kingdom Is there never a conscientious nor honest man left unkilled exiled or imprisoned that hath the feare of God done good faithfull service to the State there would be some colour of excuse that such abjects and off-scourings of mankind should be accepted and well-deserving worthy men quite rejected Well these are brave times for the wicked who are advanced by the ruine of the godly the allowed thiefe permitted to rob and destroy the honest man the rich to rob plunder and sequestrate the poore untill they can get no more but when they have gotten all and done with all what they please it rests only that the poore also in their turne render them the like measure and finde out their Riches for the States service which all this heavy time they have saved whiles poore mens estates have been exceedingly destroyed But as the Water-men at Queen-hive doe usually cry Westward hough hough so according to the present current of the times most honest men have more then cause to cry in the Water-mens language Aegypt hough hough the house of Bondage slavery oppression taxation heavy and cruell heavy and cruell wee can no longer beare it we can no longer beare it wee can no longer beare it wee are as much provoked forced to cast off all our yoakes and crosses from our shoulders except only that of Persecution as ever any people or Nations though no People or Nation under heaven have been more free beneficiall and helpfull to those whom wee intrusted to help and deliver as from Oppression which saith the Wise-man is enough to make wise-men mad According to the Parliaments Declaration in their own words expressed on the second page of this book is it not justly said that in the Generall of an Army should turn the mouthes of his Cannons against his owne Souldiers would not that his attempt contrary to the nature of his trust