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	people_n	4,588	5	5.1230	4	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

County-Committees and other Magistrates in this Kingdom would compound with all those honest and Free-men that they have at their own Wills unjustly committed to Prison contrary to the true meaning of this Law before by the sentence of the Law they be forced to pay 500 l. to every man they have so unjustly Imprisoned From the equity and letter of which Lawes It is desired that our learned Lawyers would Answer these insuing QUERIES 1. Whether the Letter and equity of this Law doe not binde the very Parliament themselves during the time of their sitting in the like cases here expressed to the same Rules here laid downe Which if it should be denied Then 2. Whether the Parliament it self when it is sitting be not bound to the observation of the Letter and equity of this Law when they have to doe with Free-men that in all their actions and expressions have declared faithfulnesse to the Common-wealth And if this be denied Then 3. Whether ever God made any man law-lesse Or whether ever the Common-wealth when they choose the Parliament gave them a lawlesse unlimmitted Power and at their pleasure to walke contrary to their own Laws and Ordinances before they have repealed them 4. Whether it be according to Law Justice or Equity for the Parliament to Imprison or punish a man for d●ing what they command him and by Oath injoyne him 5. Whether it be legall just or equall that when Free-men doe endeavour according to their duty Oath and Protestation to give in Information to the Parliament of Treason acted and done by Sir John Lenthall against the State and Kingdome and long since communicated to several Members of the House of Common● but by them concealed and smothered and now by Gods Providence brought upon the stage againe and during the time that Inquisition is made of it before the Committee of Examination before any legall charge be fixed upon Sir John Lenthall or be required to make any Answer or Defence that he shall be present to out-face discourage and abuse the Informers and Witnesses in the face of the Committee without any check or controll from them And sometimes while they are sitting about the Examination of his Treason that he shall sit down beside them with his hat on as if he were one of them and that he shall injoy from the Committee ten times more favour and respect then the just honest and legall Informers against him who by some of the Committees themselves while they are sitting are threatned jeared nick-named and otherwayes most shamefully abused Yea and the friends of the Informers for the State are kept without doores and the friends of the accused admitted to come in alwayes without controll and during the Examination of the Information that the Committee shall refuse to remove the Informers out of Sir John Lenthalls custody of Kings-bench to another Prison although they have been truly informed that he hath set Instruments on work to murther them and also importuned to remove them 6. Whether it be nor most agreeable to Law Justice and Equity that seeing Sir John Lenthall having so many friends in the House concerned in the businese that he should not rather be tried by the same Councell of Warre in London where Sir John Hotham and his Sonne were then at the Parliament his principall crime being against the Law Marshall as theirs was 7. Whether to answer to an Indictment when a man is demanded Guilty or not Guilty be not a criminall Interrogatory concerning a mans selfe and so a man not by law bound to Answer to it especially seeing to a Consciencious man who dare not lie it is a great snare who if he be indicted of a thing he hath done or spoken dare not plead Not Guilty for feare of lying and if he plead guilty he shall become a self-destroyer contrary to the law of Nature which teacheth a man to preserve but not destroy himself in declaring that which peradventure all his Adversaries would never be able to prove against him And Whether it be not more suitable and agreeable to the true intent of Magna Carta expressed in the 28. Chap. thereof where it is said No Bailiffe from henceforth shall put any man to his open Law nor to an Oath upon his owne bare saying without faithfull Witnesses brought in for the same and to the true intent and meaning of the Petition of Right and the Act made this present Parliament for the abolishing the Star-Chamber c. For a free-man to have a charge laid against him and his Adversaries brought face to face to prove it and then the Accused to have liberty to make the best defence for himself he can which was the practise amongst the very Heathen Romans who had no light but the light of Nature to guide them Act. 25.16 Yea Christ himself when his enemies endeavoured to catch him by Interrogatories he puts them off without an Answer Luke 22.67 68.70 Chap. 23.3 Yea when the High Priest asked him about his Disciples and his Doctrine He answers Hee ever taught openly and therefore saith he Why aske ye mee aske them that heard me for they know what I said John 18.20 21. Hence justly it is conceived that the Parliament may not condemne that man for contemning their Authoritie who refuseth to answer to Interrogatories before them the supreame Court who answereth to Interrogatories in the like case before an inferiour Court but you will say it is the usuall practise of the COMMON-LAW the Question is whether that practise be just or no or whether any Law in practise in the KINGDOME of England doth binde the Free-men thereof but what is made and declared by Common Consent in Parliament and whether or no is there or ought there not to be a plaine platforme agreed on and laid down by the Parliament concerning things of so high consequence to all the Commons of England and seeing the Parliament hath taken care that the Bible shall be in English that so Lay-men as they call them may read it as well as the Clergy ought they not also to be as carefull that all the binding Lawes in England be in English likewise that so every Free-man may reade it as well as Lawyers seeing they have Lives Liberties and Estates as well as the other and peaceably enjoy them no longer then they continue in the observation of the Laws of this Kingdom whereof they are Members and seeing the Lawyers are so full of broyles and contentions and grow so rich and great thereby have not the people cause to beleeve they drive on an Interest of their owne distructrive to the Peoples well-fare yea juggle and put false glosses upon the Law meerly for their own ends Seeing so great a part of it is in an unknown tongue which the Commons call Pedlers-french or Heathen-Greeke even as our State Clergy did in the daies of old before the Scripture was tollerated to be in English in which dayes they could easily make the

poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules which the Lawyers have given the Commons just cause to fear is their present practise with law Cases many of which are besides the Rule of the statute-Statute-law and also against Justice Equity and Conscience tending to no other end but to inslave the People 8. Whether it be not just and equall that seeing Monopolisers were thrown out of the House about Foure yeeres agoe as infringers upon the Common-right of all the free-men of England in setting up Pattents of Soape Salt Lether c. why should not those be partakers of the same justice now that have been chief sticklers in setting up greater Patentees then ever the former were As first the Patent of ingrossing the Preaching of the Word only to such men as weare Black and rough garments to deceive Zech. 13.4 and have had a Cannonicall Ordination from the Bishops and so from the Pope and consequently from the Divell although the Spirit of God doth command every man that hath received a gift to minister the same one to another as good Stewards of the manifold grace of God 1 Pet. 4.10 11. And although ignorance and blindnesse be so universall all over the Kingdome experience teaching that where that most abounds they draw their swords soonest against the Parliament and Common-wealth and so consequently against themselves and continue the longest in their Rebellion as now wee have woefull experience yet these grand Monopolizers will neither goe amongst them themselves nor suffer others without severe punishment to instruct and teach them the Principles of Christianity or Morallity by means of which they become destroyers and murderers of soules and bodies and enemies to the very Civill societies of Mankind The second Monopoly is the Patent of Merchant Adventurers who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade especially that of Cloath and other wollen manufactures ingrossed at present contrary to the law of Nature the law of Nations and the lawes of this Kingdome by a company of private men who stile themselves Merchant Adventurers the first part of which Discourse the second being not yet come out are to be sold by Stephen Bowsell in Popes-head-alley Wool being the stapell Commoditie of the Kingdome and freee by the lawes and Constitutions of the land for all the Free-men of England to trade in 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England that whosoever gives it from them and by any pretended Patent or Authority whatsoever assumes it to themselves are culpable of the greatest of punishments whatsoever as those that are guilty of Robbing the Free men of England of their birth-right and Inheritance and yet the present Farmers of the Custome House and their Associates are guilty of this capital crime for if Naboath would not part with his Vineyard which was his Inheritance to the King although he would have given him as much money as it was worth or a better for it 1 King 21.2 there is no reason why the free men of England should have so great a part of their Birth-right as this is taken from them by force and violence whether they will or no as their multitude of Petitions to the Parliament yet unanswered doe declare The third Monopoly is that insufferable unjust and tyrannical Monopoly of Printing whereby a great company of the very same Malignant fellows that Canterbury and his Malignant party engaged in their Arbitrary Designes against both the Peoples and Parliaments just Priviledges who turning with every winde doe endeavour by all possible means as well now as then to sell and betray the Kingdome for their own gaine are invested with an Arbitrary unlimmitted Power even by a generall Ordinance of Parliament to print divulge and disperse whatsoever Books Pamphlets and Libells they please though they be full of Lyes and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles And not only so but most violently even now in Parliament time which should be like a cryed Faire and each one free to make the best use of their Ware both for the bublick and their own private good to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation and to brand and traduce all such Writers and Writings with the odious termes of Sedition Conspiracie and Treason but to countenance and authorize such as shall calumniate them and so both accept reward such men far better then their most faithfull servants and best advancers just as the Bishops formerly did against both the Scots and the Parliament themselves They doe not rest here neither but are yet further authorized with a generall Ordinance of this very Parliament contrary to all law justice equity and reason under pretence of searching for scandalous Books to call numbers of deboyst men with Smiths and Constables yea and the trained Bands also when they please to assist them and in most bold and tumultuous manner to break open and rifle even the Parliaments owne in all their greatest dangers troubles distresses most faithfull friends Houses Chests Truncks and Drawers and from thence to rob steale and felloniously to carry away such of the Possessors proper goods choice Linnens and best things as they please as well as Books new and old after they have put the owners themselves out of doores and commanded Constables to carry them before a Committee and from thence to Prison Where they may without any consideration rott if they will not either betray both a good Cause and some other of the Parliaments best friends when they had few others or else submit to their unjust lawes besides it is a common thing for such lawlesse men to breake in and search honest mens shops when neither the owners nor any of theirs are present to see what businesse they have there And yet as unjustly as all the rest they doe not onely allow the weekly printing divulging and dispersing of Oxford Aulicus and other Malignant Books and Pamphlets tending to the ruine both of the Kingdome and Parliaments Priviledges but likewise the sending of Printing matterialls to the King whereby to Print down both Power of Parliament and freedome of People All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company as was openly proved to their faces at their publick Hall who therefore like wise men perceiving the Plague afarre off would not goe on still and be punished but most cunningly both to hide themselves and their treachery against the well-affected party and divide their spoile so unjustly obtained by lying in waite for blood they have now procured by

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