The royall Quarrell, OR Englands Lawes and Liberties vindicated, and maintained, against the tyrannicall usurpations of the LORDS.
BY That faithfull Patriot. of his Country Sr. John Maynard, A late Member of the House of Commons, but now Prerogative Prisoner in the Tower of London.
BEING A legall Justification of him, and all those other Lords and Aldermen, unjustly imprisoned under pretence of Treason, and other misdemeanours; the proceedings against them being illegall, and absolutely destructive to Magna Charta, and the Petition of Right.
ALSO His Protest against the Lords jurisdiction over him, and his Appeale unto the Common Law, for tryall, proved both reasonable, and legall.
By SIR RAHNIO, an utter enemy to tyrannie and injustice
London, Printed for Ja. Hornish, February 9. 1647.
THE ROYALL QUARREL, Or Englands Laws and Liberties defended and maintained against the usurpations of the Lords; By that worthy Patriot of his Country Sr. Iohn Maynard (a late Member of the House of Commons,) &c.
Q Ʋimulta inquirit, est industrius, sed qui nihil curat torpidu [...] est, et qui nihil perc [...]pit stupidus, &c. He that searcheth out many things is industrious, but he that cares for nothing is slow and dull, and he that perceives nothing stupid or sencelesse.
And truly now, in these our dayes Ignorance is made the mother of dev [...]tion, & he esteemed the wisest man that knows the least; England is Antipodized, and every vertue hath met a contrary, in stead of real righteousnesse, formall professions, avarice and oppression▪ in stead of charity and compassion grace is become a banquerout, and up start greatnesse playes the T [...]rant plain-dealing is dead and flattery hath the chiefe preferment, knaves are respected and honest men persecuted, truth and loyalty is esteemed Treason Law is become lust, and to be honest and open hearted is the only crime, Oh stupied generation! who hath bewitched you? Are Englishmen become like Esops Frogs? Are you weary of enjoying the benefit of Law, that you are so forward to lend your aid, to destroy it? Have you so freely drawn your swords against the Tirany of one, and will you subject your selves, nay lend your lands to set up a hundred Ti [...]ants? will you stand still and see your friends and fellow sufferers that joyned with you in your late cries for justice and freedome, and with all their might laboured to preserve you from being inslaved; they that with the hazard of their lives and losse of their bloods always both in publique and private, opposed all arbitrary power whatsoever, whether in the King, Parliament, or Army? will you I say stand still and see them made presidents of your own ruine? can you be so sottish to fancy security to your selves, if you let them suffer▪ If the law be not binding in one particular, it cannot in another, and if it protect not one it cannot protect another. Have you not seen injustice trample upon your lawes? and Tiranny envassalize the persons of your friends? Hath not will prevailed against [Page 2] reason, and the lust of a prevailing faction been made your law, and are not [...]ll these actings become so many presidents whereby you▪ and all the free borne people of England shall be made slaves unto futurity?
May not another party whether forraigne or domestique, prevailing by power or policy, justifie their imprisoning mens persons during pleasure, and without laying any particular crime according to Law to their charge▪ by the proceedings of Parliament against L. C. Lilburne and Mr. Iohn Wildeman?
May they not if they be stronger then we, give us Laws, and force us to submit unto the dictates of their own wils, and tell us if we complaine, our owne Army did as much which were our servants.
Surely friends did you but really consider the evill consequence of these actings, you would stand amazed, and wonder at your stupidity;
Have you not had examples enough within this seven yeares? Have not you been vexed and perplexed with the Arbitrary proceedings of Commitiees? whereby your very Property, and liberty was destroyed? what part of your estates could you, or can you call your own? what Law can take place against their wills, for your protection? and notwithstanding, all their Declarations, and solemne imprecations, whereby they call the great God of Heaven and Earth to beare record, that they had no other marke before their eyes, then the preservation of the established Law of the Land, and the peace and prosperity of this Nation; yet (as if they thought England had no Remembrancer, nor Israel no God) they have falsified all engagements, and to keepe up their rotten Interest, have levelled our Lawes, and are become Antimagistratticall, Antijusticiaries and absolute Tirants, ruling by power and policy, not by reason or honesty: Sed vindex erit Deus populi sui: The just God will be the avenger of his People, and it is not twenty thousand armed men, that can secure a Tyrant Conqueror, muchlesse tyranicall Statist's, being but so many trustees for the peoples good, not ruine.
Magistratus velle non debet, nisi quod publieè expediat. The Magistrate ought not to will or command any thing but what is expedient for the publique good, so saith the scripture, The Magistrate is the minister of God, to thee for Good; &c. and not for evill, for preservation not for destruction; and when any person or persons in power, act not according to that rule, the very end of their power is subverted; and they degenerate from the very essence of Magistracy and become Tyrants.
But not to draw out time any longer in discovery of generalls; I come now to the present particular grievance, which though two or three particular persons suffer under; yet every individuall Englishmans interest is involved and bound up in their sufferings.
But first give me leave to enforme you, and I desire that you will alwayes heare in mind, that the Parliament have constantly pretended to endeavour the preservation [Page 3] of the established Laws of the Land, contained in Magna Charta; and the Petition of Right, especially those that concerne the peoples freedomes: and amongst their resolutions of Ian. 15. 1647▪ they have declared their resolutions to preserve unto the people of England their established Lawes, although they make no more addresses to the King.
But how they have proceeded in performing those declared resolutions made so lately be your own judges
In the 29th. Chap of Magna Charta it is enacted, That no feeeman shall be taken [...] imprisoned or be deseized of his freehold or liberties, or free Customes or be out lawed, or any otherwise destroyed: nor will we not passe upon him, nor condemne him but by Lawfull iudgement of his Peeres, or by the Law of the Land; we will sell to no man, we will deny to no man▪ we will not deny or deferre to any man either justice or right, &c.
And in the eight and twenty yeare of the Raigne of King Edward the third, it was declared and enacted by authority of Parliament, That no man of what estate or condition he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due processe of Law.
And in the five and twentieth yeare of Edward the third, it was enacted, That no man should be before-judged of life or Limbe, against the forme of the great Charter and the law of the Land, &c. And by the great Charter and other the Lawes and Statutes of this Realme, No man ought to be adjudged to death but by the lawes established in this Realme, viz. either by the customes of the same Realme, or by acts of Parliament.
And the Stattut of the 42. Ed 3. Chap 3 saith thus, Its assented [...]nd accorded for the good governance of the Commons, that no man be put to answer, without presentment before justices or matter of Record, or by due processe, or writt originall according to the old law of the Land.
And the Statut of 25 Ed▪ saith, That no man shall be taken by Petition, or suggestion made to the King, or his Councell; unlesse it be by indictment, or presentment of his good and Lawfull people of the same neighbour hood where such deeds be done, in due manner, or by processe made by writt originall at the Common Law, see the Statute of 37 of Ed▪ 3. &c.
And the Stattute of the 1 and 2 of Philip and Mary. Chap. 10. expresl [...] saith, That all treasons, shall be tryed according to the course of the Common Law.
And [...]y [...]he Statute of the first of Ed 6. C. 12. and 5▪ and 6 of Ed 6. C. 11. It is enacted, that no man shall be accused and adjudged, for treason, without the testimony of two sufficient witnesses, according to the forme of the Law.
All which Lawes, and customes are claimed and challenged, as the Englishmans inheritance by the Parliament, held in the 3-yeare of our present King, in the Petition of Right. See F [...] P [...]s collections printed cum privilegio. 1640. pag 1431, 1432, 1433, 1434.
Now let us examine whether our Grandees, have made good their late resolutions: of [...] fifteen.
The Law saith no man shall be taken by Petition, or suggestion made to the King or his Councell, and the Parliament calls [...]hemselves, the Kings grand Councell; And yet L Col. Lilburne, and Mr. Wildman, upon the single information of Mr. Mastersons, have since been committed, one to the Tower, the other to the Fleet, and no legall crime laid to their charge, nor no witnesses appearing, or being examined, whereby the least coulourable crime could be made out against them;
[Page 4]2. The Law saith, no man shall be adjudged or condemned, or otherwise destroyed but by judgement of his Peers, or the Law of the Land; nor no man shall be put to death without being brought to answer by due processe of Law; and further, No man ought to be adjudged to death, but by the lawes established in this Realme, viz. either by the customes of the said Realme, or by act of Parliament, &c.
But contrary to these Lawes, they haue imprisoned Sr. Iohn Maynard, a Member of the House of Commons; and detained him in Prison twenty weeks without shewing any cause, more then their will and pleasure; and also contrary to Law and equity, have transferred him up to the Lords to be tryed for his life, giving and acknowledging the Lords a ju [...]risdiction over the Lives and estates of Commoners, notwithstanding that by the Great Charter it is provided that no Commoner shall be adjudged for life or limbe, any otherwise then by the judgement of his Peers or equals, viz. men of his owne condi [...]ion.
Now that you may clearely understand the state of Sr. Iohn Maynards case in relation to his commitment, and contest with the Lords I will in every particular give you an account, according to that certaine information which I have received, together with my own knowledge, being an observer of most passages therein.
But first-be pleased to take notice, That Sr. Iohn Maynard was one of the eleven Members which was accused by the Army, and the very gentleman against whom L. G. Crumwell confessed at Colbrook that they had nothing, but only desired that he might be put in among the rest because he was a busie man against him and his friends, and of this both my selfe and many more are witnesses.
2ly. Take notice that though the greatest number of the eleven impeached members had liberty to travell, yet he was commanded to be taken into custody during pleasure, and it pleased them to keep him prisoner twenty weeks without shewing any cause: but after that they had brought their designes about, and got the strength of the City into their hands then they cast about how to make him an example of their fury (Iustice I cannot call it) to affright the Citizens; and finding that by no legall course this could be effected, they combined together to frame Articles of impeachment against him, and transferred him to the House of Lords to try him by Ordinance, hoping that Sr. Iohn would have submitted to the Lords jurisdiction over him a Commoner, and yeelded to their judgement; which if they could have effected, doubtlesse (such is the malice of his implacable enemy L. G. Crumwell) should have been death; that so he might have been made a President for such proceedings by Ordinance against the Lives of men▪ and then by the very same rule L. Col. Lilburne Mr. John Wildman or any other whatsoever, that shall appeare an enemy to their tiranny or injustice, might in the same manner have been accused by the Commons, and adjudged by the Lords, who are parties in tyranny and injustice, and by this meanes no man be left free, but all men be made vassals to the corrupt wills of knaves and Persidious Parasites.
[Page 5]2ly, But to come close to the matter: There hath been and at this time is three parties in the House of Commons; first, a Royall party. 2. A Reall party. 3. An hypocriticall party; or if you please thus, a Party for the King, a party for the Scotch Presbytery, and a party, for party Royall, partly reall Independency. For the Royall or Kingly party they have been crushed by the power and prevalency of the two other parties, and those that have remained, have been forced to shrowd themselves under the maske of Presbyteratus, though Royall, not reall ones; For the second, though it is to be feared there were too few Reall Presbyters; namely, men meerely godly and conscientious, and that sought the good of their Country, yet by the assistance of those seeming Friends the Royall Presbyters, they were enabled to hold the third party to hard meat, and maugre all the secret machinations of their opposers, did with a high hand keep up their owne interest; which the Royall Independent party grieving at, and repining at, subtilly closing with those reall Independent Members, and secretly infusing Principles of dislike unto the deportment of that party into them, they never left insinuating, till they had engaged them to act a part from the House, as an honest Party, pretending to deliver an oppressed enslaved People; and to that purpose severall Letters were sent as representations to the Army, of the honesty and integrity of themselves, and endeavours to lay scandals upon those which they designed if possible, to ruine; And to this end, they voted in the House the disbanding and dividing of the Army, and by private letters and insinuations, animated the Army to disobey those Commands, all or most of them sitting or acting with the House, untill such time as they had made the difference betwixt the House and the Army so irreconcileable, that they knew there was no visible meanes to make up the breach betwixt them, and then many of them flew to the Army, with whom they engaged pretendedly to liue and dye in the Vindication of the just Rights and Freedomes of the free People of England; but they intended, as is now apparent, their owne honour and promotion, the onely end of their pretended endeavours and gilded Declarations, being nothing else, but to weaken the interest of that Party which they had designed to destruction.
Having thus as they conceived made all sure, and that it was impossible for that party any longer to oppose them; They began to Charge those Persons which they called the Obstructions of Iustice, and Perverters of our Lawes; and when it was expected that after all this Thunder there would have been a mighty storme, and that a Charge would have come against fourescore or a hundred; The mountaine Groaned, and brought forth a thing like a Charge of eleven Members; but neither Earle of Manchester, Stamford, Lenthall, Barwis, Darley, Thorpe, nor none of those 30000. l. Gallants so much as mentioned; O incomparable Cromwell, impartiall justice, What! Mus parturiant montes; Must forty Thousand men be engaged to remove eleven Members? what, could Eleven members out-vote [Page 6] all the House beside; if there were more why not all charged? [...]o by no meanes, they side with us, they are guilty persons and therefore must close with us to secure themselves: And so it appeares they do; for now we plainly see the Reall Presbyter, and Reall Independent party, over-awed by the Royall Presbyter▪ and Royall Independent; for the same party that before the Army joyned seemingly with the honest Presbyterians for self-security, joyne [...] with the strongest side and leaves their late friends exposed to the implacable fury of their now insulting adversary.
But to proceed, the Grandees of the Army having thus by Power and policy invested themselves with the ruling power both in Parliament and Kingdome, the Lords or at least the major part of them (having no other prop to support their rotten corrupt interest but the Sword, & an humble Declaration of a few fawning Spaniels who gape for honour;) they are now casting about how to confirme the Peoples beliefe that all their late clamour and disturbance was upon some good ground; and therefore some persons must be pickt out for a solemne Sacrifice; and accordingly, they have pickt out three men, viz. one Lord and one Note, Sir John Maynard was not in or neere London, when that tumult was made, or the Engagement entred into. Commoner, and one Citizen; But by the way take notice as before, they have chosen such persons as shall be sure to doe them but little hurt by telling tales; for Sir John Maynard hath not been in the House long, and by that meanes knowes little of their jugling; but did hee know as much as Mr. Waller▪ or M. Speaker he should have a reward or a Place to stop his mouth withall.
But I say, having made all this stirre there must be some body made an example (and saith Cromwell Sir Iohn Maynard is my old enemy, opposed me and M. Soliter S [...]. Iohn in the project of Draining the Fennes, when I appeared against 50000. of my Countrimen, whom formerly I had stood for; and therefore now I have an opportunity to quit scores with him; besides, unlesse some be made examples, wee shal not be feared, and therefore a way must be found out to take If Cromwell can get Sir Iohn Maynards head for Treason, then Sir Iohns estate being forfeited: his Mannor at Islum in Suffolke, lies very well for Cromwels purpose, and hee commanding in chiefe, how dare they deny it if he demand it him oft.
In order to which, because they knew they could not doe it neither by Bill of Attainder nor Indictment; therefore it must be done by Articles, and an Ordinance, and the Lords must be made Judges, and Sir I. Maynard must be summoned to appeare before the Lords on Saturday, Febr. 5, 1647. to receive a Charge of high Treason and other crimes and misdemeanours, &c. Which being contrary to the rules of Equity, Law, and conscience, Sir Iohn could not submit unto▪ by reason that in so doing he had not only betrayed his own life, in owning his greatest adversaries to be Iudges, but also betrayed the native and ancient Liberties of every individuall Englishman, whose interest in that particular is involved in his, and his sufferings for the Vindication thereof; Theirs, they all being bound to stand by, and vindicate him in the maintenance thereof.
[Page 7]Therefore (It being Sir Iohns Principle, as not to betray his own or Countries Freedomes, so not to endeavour to deminish or lessen that respect which belonged to such persons of honour) to avoid the censure of incivillity, and to the end that the Lords might if they pleased prevent the enforcing him to protest against their jurisdiction over him, he upon mature consideration on Febr. 4. being the day before he was to appeare, sent these two following letters by a friend, directed as followeth.
To the Right Honourable my singular good Lord, Edward Earle of Manchester; Speaker of the House of Peers.
I Received an Order in the name of this Honourable House, whereby I am appointed to appeare before you, to receive a charge of Articles of High Treason and other Crimes, &c. Upon which accompt I have made bold to write these inclosed Lines, humbly desiring that they may be communicated to your House.
I Am for Monarchy, and upon all occasions J have pleaded for the preservation of the interest of this Honourable House: But my Lords, I being now summoned to appeare before your Lordships, for no lesse ( as I conceive) then my life, upon an impeachment of High Treason, I am ( being a Commoner) necessiated to challenge the benefit of Magna Charta, and the Petition of Right, which is to be tryed By a Iury of my Equales, or men of my own condition, by an Indictment, before the Iudges in the ordinary Courts of iustice in Westminster Hall, who by the Law of this Kingdome, a [...] appointed to be the Administrators thereof; and by the expresse lawes of the Kingdome, I am not to be proceeded against (for any crime whatsoever, that can be laid unto my charge) any other way then by the declared and expressed rules of the known and established Laws of the land, as is undeniably evident by the expresse words of the Petition of Right, (which being an English man.) I Challenge as my Birth Right and inheritance, and I rather presume to make this addresse unto this Honourable House, because I find upon Record, that in the case▪ of Sir Simon De Berisford, this Honourable House have engaged never to iudge a Commoner againe; because its against the Law of the Land, he not being their Peer or Equall.
This I humbly leave to the consideration of this Honourable House, and take leave to rest.
Notwithstanding which letter it appeares, the Lords thought Sir John Maynard [Page 8] had but jested, when indeed he was in good earnest; and being called into the House, desired, that forasmuch as the Lords assumed to themselves the title of the supream judicature, and so ought to be an example unto all other Courts, and forasmuch as all other Courts did sit open for all to heare and see, that therefore the doores might be opened, there being a Lady, and Gentlewomen, his wife, and children, and many other worthy Gentlemen at the doore▪ which desired to hear what he had done, or for what he was in such a manner accused and proceeded against, or words to that purpose; To whom answer was returned, that it had not been the custome of that House to open the doores since this Parliament, to whom Sir John replyed. That he was sorry their Lordships had forgot their own honour so much, and not observed the custome of their predecessors See Sir Edw. Cooks 2. part▪ inst. which is published for good Law to the whole kingdome, by the speciall authority of the present House of Commons. Who in his exposition of the first cha. of the Statute of Marlebridge, fol. 103, [...]04▪ expresly saith. That all causes ought to be heard, ordered, and determined before the Iudges of the Kings Courts, openly in the Kings Courts, whether all persons may resort; And in no Chambers, or other private places, for the Iudges are not Iudges of Chambers, but of Courts, and therefore in open Court, &c. informer Parliaments.
And he further said, my Lords, here are many antient and honourable families, whom both for former relation, and their own vertues I highly honour, and its my grief of heart to heare what the people report concerning you, they say my Lords, that you act like a Councell Table, or High Commission, therefore I beseech your Lordships, as you tender your own honour, let the doores be open [...]ed, and doe not give me cause to wish for the Councell Table againe, rather then to see you make good the sayings of the people, by such proceedings against me.
After some other words, they commanded him to kneele and heare his charge, which he refused, and told them, that would argue delinquency, neither could he receive any charge from them, for severall reasons, which was contained in a paper which he desired might be read, but they refused, and commanded him to withdraw, which being done, after some debate, they fined him 500 l. for refusing to kneele at their barre, and immediately they called him in, and told him that they had fined him, and that he must kneele down and heare his charge, to which he answered. That he did so highly honour their Lordships, that he would fall prostrate on his face, and let them tread on him. Then they told him he must kneele, he answered them that he had a very prostrate soule, and he would kneele to pray for them, that their honours might be preserved, and that iustice might run from them as a streame, &c. which having said, he againe rose and came toward the doore, offering to take leave of their Lordships, [Page 9] but they told him he must heare his charge, and commanded it to be read, which was done accordingly, but when the Cleark began to read Articles, Sir John enterrupted him, and said, my Lords, the very first word destroyes all that you have to doe; there is the very heigth of illegallity in that word, Articles, for my Lords, there is but two legall wayes to try a man for his life, viz. either by Bill of Attainder, or Indictment, but because the summe of what he spake in relation to that point is contained in his Protest which he left in the House. I shall omit that, and give you the copie of it verbatum.
The Plea and Protest of Sir John Maynard, Knight of the Bath; (and a late Member of the Honourable House of Commons,) delivered by him at the Lords Barre February 5. 1647.
THe life of a freeborne man of this Kingdome is not to be tryed but by Bill of Attainder, and not to be condemned, but either by Act of Parliament upon the said Bill, or by the way of an Indictment at the Common law. Articles are no Bill for Attainder, for a Bill of Attainder must passe both Houses, and cannot become an Act of Parliament without the Kings assent. By an Ordinance of the 15. of Ianuary last, both Houses have resolved, and declared to the Kingdome, that they will make no further addresses or applycation to the King. And therefore, sit hence there can be no proceeding by Bill of Attainder, to bring on an Act of Parliament. I doe pray the benefit of the law of the land; the enioyment whereof is declared by the said resolution of the 15. of Ianuary to all the people of this Kingdome.
After they had locked him into their House, and forced him though (at their doore) to stand till they had read his charge, though by him many times interrupted, and asking whether they were reading a charge against the Earle of Pembroke, which he said was an honest Gentleman, and as innocent as he was he was perswaded, and answer being returned by the Lievtenant of the Tower, that it was a charge against Sir Iohn Maynard, he publiquely speake unto them. That he neither heard nor took notice of what they did, nor said, and for his [Page 10] part he protested against all their proceedings as altogether against Magna Charta, and the Petition of Right, and that he wish't now for the Councell Table againe rather then such proceedings:
So having made an end of reading his Charge, they dismissed him, and sent him to the Tower as their prisoner, and ordered him fourteen dayes hence to be brought before them againe, but to what end no body knowes, for let them bee assured, they shall never be able with their twenty thousand men to keep up their pretended jurisdiction over Commoners, and thereby destroy all our antient lawes and liberties: for certainly if we would not be subiect to the unlimited power of the King, who was their Creator, we will never submit unto six or seaven Lords who are but his Creatures.
And now having given you to the best of my remembrance the summe of what passed between the Lords, and Sir Iohn Maynard, though not so fully as he delivered it, yet I dare affirme it to be all the most materiall passages thereof. Give me leave to add somewhat by way of justification of Sir Iohn Maynard, in this his protesting against the Lords, as incompetent Judges, and appealing to the common law of the Kingdome.
First, I will plead Reason. Secondly Law.
First, Reason. Should Sir Iohn Maynard have submitted to the Lords jurisdiction over him, he could not have possibly avoided destruction, and that for this cause. The parties prosecuting Sir Iohn, are a few Grandees of the Army and their adherents, viz. Those Commons and Lords that joyned with the Army against the other party remaining behind in the House: now if two men equally interested, have a difference with a third, and get him into their power, can you imagine that one of these two prevailers can be a competent Judge of the conquered party, & the other a competent accuser; certainly if the accuser be an enemie, and the Iudge an enemie too; the party to be accused and adiudged cannot in the eye of reason look for other then absolu [...]e destruction: Now this is clearly Sir Iohn Maynards case, and the case of all the Lords and Aldermen that were accused and imprisoned: for the matter of the charge against them, is for doing such and such acts against the Parliament and Army There can be no treason committed against the Army. And if you aske what they meant by Parliament, I must needs say the Lords and Commons, and who brought a force upon the Lords and Commons? why the Lords and Commons; and so one party of the Lords and Commons accuse another; and because the Law which should be the Vmpire in this businesse, cannot do that which they would have it, therefore they will devide their forces, and one half shall be the accusers, and the other half the Iudges, and thus what the Law cannot make a crime, they will, and by this [Page 11] time J know all rationall men will say Sir John had reason to doe what he did in relation to protest against the Lords as incompetent Iudges.
Secondly, Sir Iohn Maynard had not only Reason, but Law on his side.
His plea and protest is grounded upon the established Law of the Kingdome, for by law there is but two wayes whereby a mans life can be taken from him, viz. either by the customes of the Realm, or the Law of the land, that is, either by Bill of Attainder, or Bill of Judictment. * But Ordinances of King & Lords, King and Commons, or Lords and Commons, are no law of the land, See their own Law▪ published in the 2. part of Sir Ed. Cooks inst. fol. 47. 48. and 3. part inst. fol. 22. and 4. part inst. fol. 23. 25. 48. 292.
By Law the Lords have no jurisdiction over him as a Commoner, he not being their Peer or Equall, besides the manner of their proceedings, is altogether illegall. Articles are nothing in law, neither can any man be tryed legally by Articles.
Nay further, suppose it were granted that Sir John were guiltie of the highest Treason that can be imagined, yet if there be no established Law whereby his life may be legally taken away, he ought not to be destroyed or adiudged, by any other way, neither by Martiall Law, nor Ordinance. For where there is no Law, there (saith the Apostle) can be no transgression.
Nay further, their dealing with Sir John, plainly demonstrates, that it is only a design upon his life, seeing there is no colourable ground why they (if they intended only the satisfying of Iustice) should not have proceeded at first in the ordinary legall way by Bill of Indictment, seeing if he be culpable of such crimes as they pretended, the common law will take his life with lesse trouble, and and more satisfaction to all parties, then this underhand dealing, whereby they endeavour to iuggle him out of his life.
Nay further yet, their proceedings with Sir Iohn Maynard is altogether illegall, in respect that they adiudge that Treason which is not enacted to be Treason by the Statute of the first of Hen. chap 10. Wherein that uncertaine proviso, viz. That the Judges in case of any act not particularised and supposed to be Treason, should deferre iudgement, and transferre the case to the King and Parliament, who might declare it Treason, &c. And enacted that in times to come, nothing should be esteemed Treason, but what was litterally contained in the Statute of o [...] 25 Ed. 3. and 2. And in the [...]. of M. S [...]. 1. This was againe confirmed, that nothing should be adiudged High Treason, Petty Treason, or Misprision of Treason, but what was declared and expressed in the 25. of Edward 3. Chapter 2. &c.
So that if the pretended Treasons laid unto the charge of Sir Iohn Maynard, [Page 12] and the rest of those Gentlemen now imprisoned, be not Treason according to the litterall sense of that Statute, his or their lives cannot, ought not to be taken from them, by any way or meanes whatsoever; and if they adiudge him or them, for any such pretended Treason, by any wayes or meanes contrary to the known Lawes and prescript rules thereof, it is wilfull murther in the persons adiudging or executing such sentence or punishment.
And now O yee free people of England, J beseech you lay to heart your condition; when tyranny rides tryumphant, and Iustice goes a begging, what can you thinke will be your portion.
When they domineered over Liev. Col. John Lilburne, they then had a seeming pretence for what they did, they could cry out he was a factious fellow, a Sectarie. &c.
But now you see they cease not to prosecute others which are none of their despised Sectaries, Mr. Wildman was never accused with faction nor Sectarisme, nor Sir J [...]hn Maynard neither, but yet for all that, be he Sectary, or no Sectary if he stand in their light, and oppose their promotion, their ambition leads them to endeavour his destruction.
And deare Country-men consider, by the same rules that the Lords may iudge Sir John Maynard, they may iudge another, and so 10000. And if any man oppose the Lords usurpations, the Commons perfidiousnesse, or the Armies Tyranny, The Armie or Commons may accuse, and the Lords sentence, and what the Law will not condemne, they will and then farewell all your Lawes and liberties, which you have so gallantly comested for.
And O you Soldiers which say you drew your swords for our defence, but now keepe them to make us vassals, you that engaged not to disband or divide, nor suffer your selves to be disbanded or divided, till our and your owne freedomes were secured, and yet now contrary to your engagement and declarations, strengthen the hands of Tyrants to destroy us and your selves too, Oh timely return to your former Principles! Cry out for Law and Liberty cry out out for justice till you make the Tyrants tremble, let them know that you scorn to serve their lawlesse ambition, and that it was for the secuting you liberties & lawes which you ven [...]ered your lives for; could we but see you acting for our deliverance we should with joy labour to maintaine you, but it is a double misery to be enforced, to toyle and take paines, to keepe an Army to destroy us: Act then at English-men; and doe not suffer your selves to be guld into a slavery.
And lastly O ye Lords and other the Grandees of the Commons and Army, that like Iohn drive on furiously to meet your ruine, remember the actings of your predecessors, the Prelats, Councell table, High Commission, and Star-Chamber, [Page 16] are they not all buried in the Tophet of shame and confusion, and if you walk in their wayes, shall you not receive their reward? yes, surely the wicked shall perish in their owne imagination, and their names shall be forgotten forever.
And now O Cromwell! if thou hast either honesty or integrity left, observe how the Lord traceth thee in thy secret walkings, and while their is hope re [...], and do thy first workes, seek not not to build thy honour up in blood, for it will choak thy of-spring, and make thy name most odious: the dayly imprecations of the innocent injured friends, of those which thou destroyest, wil be a terour, and affright thy soule: O labour therefore to be good as great and lay aside ambition, for Cui usui immensae divitiae, malè parta, malè dilabuntur; to what use serves excessive wealth or riches, since what is ill got, is often as ill spent; What will it profit thee to gaine the whole world, and loose thy owne soule?
Postscript.
LOving friends, whether Reall Presbyterians, or reall Independents, or others, all you that are unbiased, and act not meerly for your owne ends, you that desire the peace of England, and would not by your Neutrallity, become accessary to your own and Englands destruction, now if ever, now if ever, appeare for the vindication of your freedomes: oh consult your own safety! stand not on slender Punctillo's, but unite speedily in principles of common concernment; what will it advantage you to see those that are of a contrary party made presidents for your ruine, if the law be not a protection to your supposed enemy, it cannot be a protection to you, for by the same rule that one is imprisoned, contrary to law, another, and another may, and if one may be imprisoned contrary to law, only because an Army, or a few envious ambitious persons will have it so, by the same rule if they please they may accuse all the rich men in the Kingdome, and make every man that hath money a Traytor; and set up Judges sutable to their owne wils which shall not dare to disobey them, and then we shall be sure to have a rich Army, and a bloody Parliament, but a beggerly destroyed Nation: [Page 14] Gentlemen consult with reason, and be not swaid with interest any longer Sir John Ma [...]nards case is yours, yea and every individuall English man in this Nation; and if he suffer by this contest, and fall into the hands of his and your enemies, rest assured, he leades but the way to which you must follow, for the same principle that leades them to endeavour his ruine, will direct them to your also; if ever you shall appeare an enemy to their tyranny.
Therefore I beseech you lay aside all disputes, and joyn as one man in vindicating his and your owne liberties, let us as one man in vindicating his and our own liberties, let us as one man goe up to the House of Commons and demand Sir Iohn Maynard and the rest of our imprisoned friends to be delivered up unto a legall tryall, according to the law; suffer not your lawes to become uselesse, and your selves to be made the worst of slaves, viz. To be subject to ruine at the pleasure of a few Tyrants.
And it is worthy your observation, that there are at this time above threescore in the House of Commons, and many in the house of Lords which are guilty of the very same crimes, which they accuse the Lord Willowby Sir Iohn Maynard, and the late Lord Mayor and Aldermen withall; nay further, they have since voted and acknowledged that to be a Parliament which sate during the Speakers absence; and if a parliament, their actions and commands were as legall as theirs now, and whosoever acted, or did any thing by vertue thereof, ought, what ever happen to be secure, it being their own principle, That he who guids himselfe by the determination of Parliament, ought not to be condemned, but to rest secure &c.
And if those which obeyed the command of Parliament then, be now lyable to question, by the same rule, they that shall obey now, if another party prevaile, are, or may be lyable also; and then who can with safety obey the commands of Parliament, if this proceeding be once drawn into president.
And therefore as you are Englishmen, act wisely and speedily for the preservation of the due power of Parliaments, and let not one faction thus domineer to the ruin of your selves and Countrey: J beseech you Gentlemen, act vigorously and couragiously, for the securing of Englands freedomes, or else resolve to live Slaves, and dye Beggers.