Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	law_n	life_n	power_n	7,966	5	5.2131	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

to and with each other that we shall no● willingly disband nor divide nor suffer our selves to be disbanded or divided without satisfaction in relation to our grievances and desires heretofore presented and security that we as private men or other the the free-born people of England shall not remain subject to the like oppression and injury as hath been attempted and this satisfaction and security to be such as shall be agreed unto by a Councell to consist of those generall Officers of the Army who have concurred with the Army in the premises with two Commission-Officers and two Souldiers to be chosen for each Regiment who have concurred and shall concurre with us in the premises and in this Agreement So that your Excellency is so far from having a power to exercise the old Martiall Discipline that you would have been no Officer nor Member of the Councell appointed to govern them unlesse you had associated with them and ●y that Association or mutual Ingagement the Souldiers were so far from allow●ng to their Generall who ever it should have been for at that time it was ●ncertain the power of excercising the old Martiall Discipline that according ●o the Ingagement no Officer or Souldier can be rightly Cashiered unlesse it ●e by the Councell constituted by that Ingagement so that your Excellencie ●y your own Ingagement have put a period to your power of exercising your old Martiall Discipline and whatsoever Discipline shall appear to the Army to ●e necessary must be constituted by the mutuall consent of the Army or their ●epresentatives unlesse you and they will disclaim the Ingagement at Newmarket and those principles upon which you then stood and yeeld up your selves to the Parliaments pleasure as their hirelings to serve their arbitrarie power like Turkish Janisaries In the third place I answer that it is against reason law conscience justice ●nd equitie to subject me at one and the same time or any other free Commoner of England under the sting and power of two distinct Lawes and such a ●ondage as is insupportable and such a snare of intanglement that no mans ●ife whatsoever can be safe or secure under it that I shall be liable to be questioned and destroyed by the common Law of the Kingdome and then be at the wills of mercenarie Turkish Ianisaries in case the common Law will not reach me to be questioned and destroyed by an unjust arbitrarie Marshall law and ●f it can be justly proved against me that I have made any tumults the Law and ●he ordinary Courts of Justice are open by which and by no other rules and pro●eedings I ought to be tried and if it be said or can be proved that I have belied or scandalized the Generall to the taking away of his good name c. yet scandalum Magnatum is not to be tried by Martial Law nor yet either by the House of Commons or the House of Lords but only alone now the Star-Chamber is down by an Action at Common Law * As is cleare by the Statutes of 3. Ed. 1. ●3 37. Ed. 3. 18. 38. Ed. 3. 9. 42. Ed. 3. 3. 2. R. 2. 5. 12. R. 2. 11. 5. part Cooks Reports pag. 125. 13. H. 7. Kelway 11. Eliz. Dier 285. 30. Assize pla 19. Liev. Col. Lilburnes Grand Plea of 20. Octob. 1647. pag. 7. 8. by a Jurie of my equalls and no where else it being a Maxime in Law That where remedy may be had by an ordinary course in Law the party grieved shall never have his recourse to extraordinaries * See Vox Plebis pag. 38. Lievt Co●… Jo. Lilburnes Anatomie of the Lord Tirannie pag. 10. And besides for you to proceed with me and to be both Parties Jurie and Judges is a thing that the Law abhorres † See 8. H. 6. fol. 21. 5. Eliz. Dier 22● Dr. Bonhams Case 8. part of Cook Reports Lieut. Col. Jo. Lilburnes grand Plea pag. 10. In the fourth and last place I answer that the Parliament it selfe neither by Act nor Ordinance can justly or warrantably destroy the fundamentall liberties and principles of the common Law of England it being a Maxime in law and reason both That all such Acts and Ordinances are ipso facto null and void in Law and bind not at all but ought to be resisted and stood against to the death But for them to give you a power by Marshall Law or under any other name or title whatever by your arbitrary tyrannicall wills without due course and processe of Law to take away the life or Liberty of me or any free Commoner of England whatsoever yea or anie of your owne souldiers in time of peace when the Courts of Justice are all open and no visible declared enemy in Armes in the Kingdome readie to destroy it is an absolute destroying of our fundamentall Liberties and a rasing of the foundation of the Common-Law of England * But besides all this I doe confidently believe that the Parliament never gave power unto the Generall since the Wars ended to execute Marshall Law neither doe I believe that some chiefe Executors of Marshall Law have any legall Commission from the Parliament who never that I could heare of ever gave power unto the Generall of himselfe to make generall Officers and besides all the Parliament-men that are Officers in the Army were as I have been groundedly told formerly taken off by an Ordinance of both Houses which was never replealed since Ergo such a power of arbitrary Marshall Law cannot justly by the Parliament in time of peace c. be given unto you nor if it were be justly or warrantably executed by you And besides both Houses themselves by an Ordinance unlesse they alter the whole Constitution of this Kingdome can take away the life of no free Commoner of England whatsoever especially in time of peace And therefore that which is not within their own power to do they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax c. to do it being a Maxime in nature That beyond the power of being there is nor can be no being But it is not in the power of the Parliament or the two House or the House of Commons themselves as the present Constitutions of this Kingdome stands either by Order or Ordinance to take away the life of any free Commoner of England * See Sir Ed. Cooks 2. part Institut fol. 47 48. 3. part fol. 22. 4. part fol. 23. 25. 48 291. all of which Bookes are published for good Law to the Kingdome by two speciall Orders of the present House of Commons as you may read in the last page of the 2. part Institut see also the Petition of Right Ergo they cannot by an Ordinance or Order especially in times of peace give power to Sir Thomas Fairfax by Marshall Law unlesse they totally alter the Constitutions of the Kingdome to

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

take away the life or lives of any free Commoners of England which all Souldiers are as well as others * See the Armies Declaration of the 14. June 1647. Book of their Declarations pag. 39. and their Letter from Roiston to the Lord Mayor of London of the 10. June 1647. which the Printer hath neglected to print in their Book of Declarations and therefore it is absolute murder in the Generall and the Councell of Warre now to shoot to death hang or destroy any Souldier or other Commoner whatever by Marshall Law And therefore I doe the third time as a friend advise you to cease your illegall arbitrarie tirannicall Martiall Law-proceedings with me that am no Souldier and so not under the least pretence of your Martiall Jurisdiction least in time to come you pay as deare for your arbitrarie illegall proceedings with me as Sir Richard Empson and Mr. Edward Dudley Justices did who as Sir Edward Cooke declares in his 2. 4. part of his Institutes were very officious and ready to execute that illegall Act of Parliament made in the 11. H. 7. chap. 3. which gave power unto Justices of Assize as well as Justices of the Peace without anie finding or presentment by the verdict of twelve men being the ancient birth-right of the Subject upon a bare information for the King before them made to have full power and authoritie by their discretions to hear determine al Offences or contempts committed or done by anie person or persons against the form ordinance effect of anie Statute made and not repealed c. by colour of which act of Parliament shaking saith he this fundamentall Law viz. the 29. Chapter of Magna Charta it is not credible what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by them for which though I cannot read they shot anie man to death and though they had an expresse Act of Parliament to beare them out abundantly lesse questionable then an Ordinance for exercising Martial Law they were both indicted of high treason both by the common Law and Act of Parliament and in the 2. yeare of Henry 8. they both lost their heads * See 2. part Instit fol. 51. 4. part fol. 41. 196 197. but especially read their Indictment verbatim set downe ibid. fol. 198 199. Therefore from all the premises by way of conclusion I draw up this protestation against you that by the Laws and constitutions of this Kingdome you have not the least Iudicative power in the world over me therefore I cannot in the least give you any Honour Reverence or Respect either in word action or gesture and if you by force and compulsion compell me again to come before you I must and will by Gods assistance keep on my Hat and look upon you as a company of murderers Robbers and Theives and doe the best I can to raise the Hue and Crie of the Kingdome against you as a company of such lawlesse persons and therefore if there be any Honor Honesty and Conscience in you I require you as a free-born English man to doe me Justice and right by a formall dismissing of me and give me just reparation for my monethes unjust imprisonment by you and for that losse of credit I have sustained thereby that so things may goe no further or els you will compell and necessitate me to study all waies and meanes in the world to procure satisfaction from you and if you have any thing to lay to my charge I am as an Engishman ready to answer you at the common Law of England and in the mean time I shall subscribe my selfe Your servant in your faithfull discharge of your dutie to your Masters the Commons of England that pay you your wages William Thompson From my arbitrary and most illegall imprisonment in Windsore this 14. Decemb. 1647. The forementioned Letter thus followeth To his Excellency Sir Thomas Fairfax Knight Captain-Generall of the Forces in the Nation for Imperiall Justice and Libertie these present May it please your Excellency I Here present unto you a Declaration and Protestation against the illegall and unjust proceedings of your Counsell of Warre against me I being a free Commoner of England as in the presence of the just God before whose Tribunall both you and I shall stand to give an Account of all ungodly deeds committed against him And so I rest Your Excellencies servant if you are a true servant to the most excellent God for justice and righteousnes in the earth without respect of persons William Thompson Decemb. 14 1647. The Petition thus followeth To the right Honourable his Excellency Sir Thomas Fairfax Knight Captain Generall of all the forces raised in the Kingdome of England The humble Petition of some of your Excellencies Officers and Souldiers being under the custody of the Marshall Generall Sheweth THat whereas there are mis-presentations of the intentions of the late Agents of the Army and their adherents by men of corrupt minds who would make all the end of your own and your Armies noble and valiant Atchievements under the power of God fruitlesse and would destroy Justice and righteousnesse from amongst men and instead of common good and equall distribution of justice would advance a particular selfish interest and to accomplish their unworthy selfish ends amongst many other scandals cast upon the late Agents they have blazed abroad that they intended to murther the King and that one of them should affirm it was lawfull And whereas this was reported by one L. C. Henry Lilburne it being altogether most abominable in our eyes and detracts from the purity and righteousnesse of our Principles tending only to make us odious to the People for whose good alone we have run not only all former but also these late hazards Wee therefore desire that the said L. C. Hen. Lilburne may be speedily sent for to testifie upon Oath as in the presence of God who used those words where those words were used and when and what in particular the words were That so such a person may come under a publique cognizance and your Excellencies faithfull servants and souldiers may free themselves and others from such aspersions And your Petitioners shall ever pray c. Will. Eyers Will. Bray Will. Prior. John Wood. George Hassall Will. Everrard John Crosseman Tho. Beverly Will. Thomson Commoner FINIS