Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	error_n	writ_n	6,847	5	9.6947	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25841	The Army's martyr, or, A more ful relation of the barbarous and illegal proceedings of the court-martiall at White-Hall upon Mr. Robert Lockier who was shot to death in Paul's church-yard upon the 27 day of April, 1649, and a brief narrative of the cause thereof : with his Christian carriage and deportment, and his dying speeches to all his fellow-souldiers at the time of his execution as an everlasting witnesse of his integrity to the rights and freedoms of the Common-Wealth.	Lockier, Robert, d. 1649.; Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646.	1649 (1649)	Wing A3714A; ESTC R24189	16,468	16

time of Peace by Martial Law May it please your Excellency WEe have not yet forgot your Solemn Engagement of June 5. 1647 whereby the Armies continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement and if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to anoother and the Ligaments and Bonds of the first were all dissolved and gave place to the Second and under and from the head of their first Station viz. By the will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army for the denyal of the authority is an Abrogation and Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Councell and Government contrary to all Martiall Law and Discipline by whom only the Army engaged to be ordered in their prosecution of the ends to wit Their severall Rights both as Souldiers and Commoners for which they associated Declaring agreeing and promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and desires in behalfe of themselves and the Common-wealth as would be agreed unto by their Councel of Agitators And by vertue under color of this Establishment all the extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the major part of Members out of the House and their imprisonment without Cause declared c. which can no way be justified from the guilt of high Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Laws and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other Free-People and principally your cruell exercise of Martiall Law even to the Sentence and execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not only so but against others not of the Army we cannot but look upon your Defection and Apostacy in such dealings as of most dangerous consequence to all the Lawes and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Justice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us And particularly against the Trial of the Souldiers of Captain Savage's Troop yesterday by a Court Martiall upon the barbarous Articles of Warre and sentencing of two of them to death and for no other end as we understand but for some dispute about their pay And the reason of this our Protestation is from the Petition of Right made in the third yeer of the late King which declareth That no person ought to be judged by Law Martiall except in times of Warre And that all Commissions to execute Martiall Law in times of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of Feb. and the 17 of March 1648 commend as the most excellent Law in England and there promise to preserve inviolably it and all other the fundamentall Laws and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto And the Exercise of Martiall Law in Ireland in time of Peace was one of the chiefest Articles for which the Earl of Strafford lost his head as appears Article 1 in the case of the Lord Mount-Norris yet alive the same by this present Parliament being judged high Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the fundamental 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 And if the supreme Authority may not presume to do this much lesse may You or Your Officers presume therupon for where remedy may be had by an ordinary course in Law the party grieved shall never have his recourse to extraordinarie Whence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Laws and Statutes of the Realm in the time of Peace as now it is there being no declared enemy in arms either in field or garrison ready to destroy the Nation with fire and sword and by their fury and power stop or dam up the ordinary administration of the Law and the extraordinary way by Court Martiall in no wise to be used Yea the Parliaments Oracle Sr. Ed. Cook Declares in the third part of his Institutes Cap. of Murther fol. 52. that for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murther in that Generall or Councel of War c. Because saith he this is against Magna Charta ch 29. and is done by such power and strength as the party cannot defend himself and here the Law implyeth malice vide Pasch 14 fol 3. in Scaccario The Abbot of Ramsey's Case in a Writ of Errour in part abridged by Fitzh tit Scire fac 112 for time of peace Thomas Earl of Lancaster being taken in an open Insurrection was by judgment of Martial Law put to death in anno 14. Ed. 4. this was adjudged to be unlawfull because saith he he was not arraigned or put to answer in the time of peace and because the Chancery and all other Courts of the Kings were then open in which Law was done to every man as it wont to be and that against the Charter of Liberties because the said Thomas being a Peer and Noble of the Kingdom should not be imprisoned nor should the same King passe Sentence upon him but by the lawfull judgment of his Peers yet in the time of