die lunæ, 3. ianuar. 1641. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of his house, and there doe offer to seale the trunkes, doores or papers of any members of this house, or to seize upon their persons; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a74270 of text r208411 in the english short title catalog (thomason e1059_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74270 thomason e1059_1 estc r208411 99867366 99867366 119673 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74270) transcribed from: (early english books online ; image set 119673) images scanned from microfilm: (thomason tracts ; 157:e1059[1]) die lunæ, 3. ianuar. 1641. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of his house, and there doe offer to seale the trunkes, doores or papers of any members of this house, or to seize upon their persons; ... england and wales. parliament. house of commons. 1 sheet ([1] p.) printed for tho. bates in the old bailie, [london] : 1641. [i.e. 1642] title from caption and opening words of text. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. detention of person -england -early works to 1800. great britain -history -charles i, 1625-1649 -early works to 1800. a74270 r208411 (thomason e1059_1). civilwar no die lunæ, 3. ianuar. 1641. it is this day ordered upon the question, by the commons house of parliament;: that if any persons whatsoever, s england and wales. parliament. 1641 199 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion decorative border and row of three shields. die lunae , 3. ianuar. 1641. it is this day ordered upon the question , by the commons house of parliament ; that if any persons whatsoever , shall come to the lodgings of any member of this house , and there doe offer to seale the trunks , doores or papers of any members of this house , or to seize upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order . and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house : that it is lawful for such member , or any person , to assist him , and to stand upon his , and their guard of defence , and to make resistance , according to the protestation taken to defend the priviledges of parliament . h. elsynge cl. par. d. com. printed for tho. bates in the old bailie . 1641. to the parliament of the commonwealth of england, scotland, and ireland, assembled at westminster the humble petition of humphrey bagaley. bagaley, humphrey. this text is an enriched version of the tcp digital transcription a28925 of text r38563 in the english short title catalog (wing b391). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a28925 wing b391 estc r38563 17761865 ocm 17761865 106599 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28925) transcribed from: (early english books online ; image set 106599) images scanned from microfilm: (early english books, 1641-1700 ; 1626:42) to the parliament of the commonwealth of england, scotland, and ireland, assembled at westminster the humble petition of humphrey bagaley. bagaley, humphrey. 1 broadside. s.n., [london : 1654] imprint suggested by wing. asking for a legal trial. reproduction of original in the harvard university library. eng habeas corpus -england. detention of persons -england. due process of law -england. great britain -history -commonwealth and protectorate, 1649-1660. a28925 r38563 (wing b391). civilwar no to the parliament of the common-vvealth of england, scotland, and ireland, assembled at westminster. the humble petition of humphrey bagaley bagaley, humphrey 1654 260 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2006-03 tcp assigned for keying and markup 2006-05 spi global keyed and coded from proquest page images 2006-06 mona logarbo sampled and proofread 2006-06 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion to the parliament of the common-vvealth of england , scotland , and ireland , assembled at westminster . the humble petition of humphrey bagaley sheweth , that your petitioner , having bin by a party of horse taken out of bed the 21th of may last , and delivered to a company of foot at st. james ; and from thence carried to the tower , where he was cast into a prison-lodging commonly called nunns bower , or the hole , until he had submitted to pay an arbitrary fyne , hath ever since continued a prisoner , though not at al brought before any officer millitary or civill to be examined . al which , as he really beleives it to be unknown to this honourable house ; so is he not ignorant , that it is against magna charta , the petition of right , and the sixth article of the present government . and therefore being conscious to himself , that he hath not in any manner transgrest against any law of the land or the present government , humbly prays , he may be referred to a speedy legall tryall , which is it he above all things desires , to the end his innocency may be manifested to the world . or otherwise to release him with such consideration for the heavy charge and exspence be hath thereby bin exposed to , as unto equity and justice doth appertein . and , as in duty bound , your petitioner shall pray , &c. to the high and mighty states, the knights and burgesses in parliament assembled (englands legall soverainge power) the humble appeale and supplication of richard overton, prisoner in the most contemptible goale of newgate. overton, richard, fl. 1646. this text is an enriched version of the tcp digital transcription a90248 of text r210627 in the english short title catalog (thomason 669.f.10[91]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90248 wing o634 thomason 669.f.10[91] estc r210627 99869407 99869407 162624 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90248) transcribed from: (early english books online ; image set 162624) images scanned from microfilm: (thomason tracts ; 246:669f10[91]) to the high and mighty states, the knights and burgesses in parliament assembled (englands legall soverainge power) the humble appeale and supplication of richard overton, prisoner in the most contemptible goale of newgate. overton, richard, fl. 1646. 1 sheet ([1] p.) s.n., [london : 1646] imprint from wing. annotation on thomason copy: "ber 9th 1646". reproduction of the original in the british library. eng prisoners -legal status, laws, etc. -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a90248 r210627 (thomason 669.f.10[91]). civilwar no to the high and mighty states, the knights and burgesses in parliament assembled: (englands legall soverainge power) the humble appeale and overton, richard 1646 516 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the high and mighty states , the knights and burgesses in parliament assembled ; ( englands legall soveraigne power ) the humble appeale and supplication of richard overton , prisoner in the most contemptible goale of newgate . humbly sheweth ; that whereas your prisoner under pretence of a criminall fact being in a warlike manner brought before the house of lords to be tried , and by them put to answer to interogatories concerning himselfe , both which your petitioner humbly conceiving to bee illegall , and contrary to the naturall rights , freedomes , and properties of the free commoners of england ; confirmed to them by magna charta , the petition of right , and the act for the abolishment of the star-chamber : hee therefore was imboldened to refuse subjection to the said house , both in the one and the other , expressing his resolution before them , that he would not infringe the private rights and properties of himselfe , or of any one commoner in particular , or the common rights and properties of this nation in generall : for which your petitioner was by them adjudged contemptuous , and by an order from the said house was therefore committed to the goale of newgate , where , from the 11 of august 1646. to this present he hath lyen , and there commanded to be kept till their pleasures shal be further signified ( as a coppy of the said order hereunto annexed doth declare ) which may be perpetuall if they please , and may have their wils ; for your petitioner humbly conceiveth that thereby he is made a prisoner to their wils , not to the law , except their wils may be a law . wherefore your leige petitioner doth make his humble appeale unto this most soveraigne house ( as to the highest court of iudicature in the land , wherein all the appeales thereof are to centure , and beyond which , none can be made ) humbly craving ( both in testimony of this acknowledgment of its legall regality , and of his due submission thereunto ) that your honours therein assembled , would take his cause ( and in his , the cause of all the free commoners of england , whom you represent , and for whom you sit ) into your serious consideration and legall determination , that he may either by the mercy of the law be repossessed of this his just liberty and freedome , and thereby the whole commons of england of their thus unjustly ( as he humbly conceiveth ) usurped and invaded by the house of lords , with due repairations of the damages susstained , or else that he may undergoe what pennalty shall in equitie by the impartiall severity fo the law , be adjudged against him by this honourable house , in case by them he shal be legally found a transgressor herein . and your petitioner ( as in duty bound ) shall ever pray , &c. to the right honorable the lords assembled in parliament the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir, d. 1649. this text is an enriched version of the tcp digital transcription a85874 of text r210739 in the english short title catalog (thomason 669.f.12[7]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85874 wing g405 thomason 669.f.12[7] estc r210739 99869500 99869500 162800 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85874) transcribed from: (early english books online ; image set 162800) images scanned from microfilm: (thomason tracts ; 246:669f12[7]) to the right honorable the lords assembled in parliament the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir, d. 1649. 1 sheet ([1] p.) s.n., [london : 1648] imprint from wing. title from caption and first word of text. annotation on thomason copy: "aprill 19th. 1648 presented to ye lords by himselfe but refused". reproduction of the original in the british library. eng detention of persons -england -early works to 1800. due process of law -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a85874 r210739 (thomason 669.f.12[7]). civilwar no to the right honorable the lords assembled in parliament: the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir 1648 583 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the right honorable the lords assembled in parliament : the humble petition of sir john gayer knight and alderman of london ; sheweth , that by the 29 chapter of the great charter , all commoners are to be tryed by their equals ; and there are 30 sessions of parliament which confirm the great charter , being a statute declaratory of the common law ; especially those eminent laws , wherein your lordships had your shares in making of them , viz. the petition of right in the 3o caroli , and the act for abolishing the star-chamber , and regulating the councel table , in the 17. caroli , in which many statutes are enumerated , that commoners ought to be tryed by their equals , by bill of indictment or writ original , and by those of their neighbourhood ; and all decrees and judgments made contrary thereunto , are declared thereby to be null and void in law , which bars al presidents : and by several declarations and ordinances your lordships have declared , that ordinances are no laws , but temporary , during the wars ; and the cause of necessity being taken away , your lordships have promised the free people of england , that they shall be governed according to the known laws of the land , as it appears in the ordinance dated the 15 of january , 1647. and it is against the law of god , nature and nations , that any person or persons should be judg or judges , examiner or examiners in their own cause , or to be tryed any otherwise then by a known law , for where there is no law there is no transgression . it is declared by sir edward cook that the parliament cannot make a law against the law of nature , which is custom according to right and necessary reason . that presidents are nothing in comparison of the common , and statute laws , being known maximes in law , a facto ad jus non valet argumentum ; gubernandum est legibus non exemplis : articles are nothing in law but meer innovations and prerogative extrajudicials , especially when ordinary persons are in question . the old maxime in law is , non recurrendum est ad extraordinaria quando fieri potest per ordinaria . and your lordships are not only sworn , but have joyned by your legislative power to impose several oaths upon the free commoners of england , to defend the fundamentall laws of the land . and i am confident your lordships will be very tender of the preservation of the great charter , in which is wrapped up our lives , liberties and estates . your noble predecessors being so glorious and famous instruments in assisting the people , in purchasing the same . the premises considered ; your petitioner being a free commoner of england , according to the known laws of the land ( de jure ) claims his birth-right , which is to be tryed by god and his country , in his majesties court of iustice , by the sworn iudges of the law , and a iury of his equals of his own neighbourhood , where the pretended fact was done , the courts of iustice being open . and your petitioner shall pray , &c. aprill 19th . 1648 presented to ye lords by him selfe but refused — a salva libertate sent to colonell tichburn lieutenant of the tower, on munday, april 17. 1648. by sir iohn gayer knight, late lord mayor of london, now prisoner in the tower, &c. being occasioned by the receipt of a paper sent unto him by the said lieutenant, wherein the said lieutenant was seemingly anthorized [sic] to carry him before the lords on wednesday next, being the 19. of april. gayer, john, sir, d. 1649. this text is an enriched version of the tcp digital transcription a85873 of text r210735 in the english short title catalog (thomason 669.f.12[5]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85873 wing g404 thomason 669.f.12[5] estc r210735 99869496 99869496 162798 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85873) transcribed from: (early english books online ; image set 162798) images scanned from microfilm: (thomason tracts ; 246:669f12[5]) a salva libertate sent to colonell tichburn lieutenant of the tower, on munday, april 17. 1648. by sir iohn gayer knight, late lord mayor of london, now prisoner in the tower, &c. being occasioned by the receipt of a paper sent unto him by the said lieutenant, wherein the said lieutenant was seemingly anthorized [sic] to carry him before the lords on wednesday next, being the 19. of april. gayer, john, sir, d. 1649. 1 sheet ([1] p.) s.n., [london : 1648] imprint from wing. includes at end of text: the publisher to the reader. reproduction of the original in the british library. eng detention of persons -england -early works to 1800. prisoners -legal status, laws, etc. -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a85873 r210735 (thomason 669.f.12[5]). civilwar no a salva libertate sent to colonell tichburn lieutenant of the tower, on munday, april 17. 1648. by sir iohn gayer knight, late lord mayor of gayer, john, sir 1648 693 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a salva libertate sent to colonell tichburn lieutenant of the tower , on munday , april 17. 1648. by sir iohn gayer knight , late lord mayor of london , now prisoner in the tower , &c. being occasioned by the receipt of a paper sent unto him by the said lieutenant , wherein the said lieutenant was seemingly anthorized to carry him before the lords on wednesday next , being the 19. of april . to his honored friend colonel tichburn lieutenant of the tower . sir , i received a paper from you , seeming to authorize you to carry my person before the lords , to answer to a charge : i am constrained to inform you hereby , that my person ought not to be hurried to and fro , or disturbed , at the pleasure of any man , neither can i yeeld obedience to the commands of any , which are not legal ; and therefore in case you intend to disturb me on wednesday next , i expect to see a legal warrant from some person or court , which have a jurisdiction over me in case of a real or supposed crime : and i must acquaint you , that the lords have no legal power to summon me to answer to any crime whereof i am accused or suspected ; and therefore you must expect to answer for whatsoever injury you offer to my person , and know hereby , that i shall not voluntarily go from hence to vvestminster by vertue of the paper received , but shall suffer you to carry me , if you shall send force which i cannot resist . from my chamber in the tower of london , the 17. of april , 1648. your friend and servant , john gayer . the publisher to the reader . friend , i desire thee to consider that this gentleman is now entring the lists , to combate for thy native liberties , and if he suffer in this encounter , not only he , but thou , and every individual englishman , especially the citizens of london , are , and shall be , by the same rule , destroyed , ( contrary to law ) , by the arbitrary decrees of ambitious men in power ; for if the law cannot protect one , it cannot protect another ; and if you suffer the law to be destroyed , lust will become a lawgiver ; and the dictates of the depraved wills of men in power shall be forced as a rule for you to observe , and then you will neither know certainty , nor safety : sir john claims nothing but a legal tryal , by a jury of his equals in the ordinary courts of justice , which ( being a commoner ) he may justly challenge ( by vertue of the great charter , and thirty five other statutes ) as his birth-right ; but contrary to law or equity the lords do assume to themselves a power over him a commoner , and do intend to try him in a criminal case in their house with their doors shut , where he shall neither have judge or jury , but themselves , and they are both accusers and judges ; and in order thereunto have commanded the lieutenant of the tower to carry him before them on wednesday , being the nineteenth of april instant : therefore if thou hast any love to freedom , and wouldst not , by thy silence , become accessary to the destruction of that law , which will , if defended and preserved , protect thee , on the like occasion , from the malice of ambitious men , find out some speedy way , not only to encourage this gentleman by thy appearance for him in this his worthy undertaking , but also by testifying thy dislike of such proceedings , as tending to the utter subversion of all law , and destruction of the liberty and property of every individual englishman . a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88167 of text r210562 in the english short title catalog (thomason 669.f.11[46]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88167 wing l2093 thomason 669.f.11[46] estc r210562 99869346 99869346 162695 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88167) transcribed from: (early english books online ; image set 162695) images scanned from microfilm: (thomason tracts ; 246:669f11[46]) a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john, 1614?-1657. 1 sheet ([1] p.) s.n., [london : 1647] imprint from wing. signed at end: iohn lilburne. reproduction of the original in the british library. eng marten, henry, 1602-1680 -early works to 1800. england and wales. -parliament -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a88167 r210562 (thomason 669.f.11[46]). civilwar no a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john 1647 874 6 0 0 0 0 0 69 d the rate of 69 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a copy of a letter written to collonell henry marten , a member of the house of commons , by lieutenant collonell lilburne . iuly 20. 1647. sir : your delitory and unjust delaying to make my report to your house according to your duty , hath so hastened forward the ruine and destruction of me , my wife and tender infants , and riveted the house of lords fast in their tyrannicall domination , that i cannot now style you either a friend to me , the commonwealth , or to justice , truth , or honesty , and of all men in the world i should least have dreamed to have found such unworthy and unjust dealing from you ; but yet notwithstanding by reason of a paper come from the army , a copy of which i have even now seene , ( which desires of the house of commons that i , &c. may immediately , and legally bee tryed , or if the great affaires of the kingdom will not suffer them to debate my businesse at present , that then i may be bailed , ) i therefore desire you to acquaint the house , that the law of the land is cleare & plain , that the lords in the case in controversie betwixt us , have no jurisdiction at all over me , or any commoner of england whatsoever , and i have justly protested against them , and legally appealed * ▪ above a year ago to your house for justice against their insufferable usurpations & incrochments ; ( the injoyments of which is principally hindred by your selfe ) and therefore i require according to law , justice , equity , conscience & reason ; either to be justified or condemned by your house . and as for bail i wil by the goodnes of god be cut in 1000 peeces , before i wil in this case stoope the breadth of one heire , or do any act that in my own understanding shal declare my owning of their jurisdiction in the least over me ▪ with my giving baile or so much as my roule , would doe , within my apprehention would be a granting that their most divilsh tyrannicall illegall sentensing of me , to pay 4000 l. and to be seaven yeares in prison ; and forever to bee disfranchised of the liberties of an english man , were just and legall , and therefore if you will discharge your duty after above a years unjust delay in making my report to your house i shal yet thank you , but if you wil not , the blood , & ruin of me & mine ▪ be upō the head of you and your posterity , and the righteous and just god of heaven and earth , either incline your heart to make my report for me now at last , ( let the issue be what will i care not , as i fully told you in my last large epistle to you of the 31. of may 1647 now in print pag. 4 , 5 , 6. ) or else speedily avenge my cruill sufferings ▪ by your meanes ) with out mercy or compassion upon you and yours . sir in shor● if your house will as they ought give me my liberty , without intanglements , i will take it if not i am resolved to stick so closse to my just cause , till i be forced to eate my owne flesh for want of bread , which in the eye of humaine reason can not bee long , before i be forced to doe it ; but assure your selfe that if the puting forth all the resolution in a man that for this ten years , neaver feared death , tortures , nor torments ; ( no , nor yet knew what belong'd to a base feare , ) wil save me or do me good , i wil by the strength of god leave no means whatsoever unattempted or unassaid though it lose me al the earthly props & relations , i have in the world , & i advise you as a friend to looke well to your selfe and do not continue such insupportable burthens upon me by your delay of justice , as after suffering ship-wracke of my estate and fortunes , by the grand tyrannicall tyrants of england , for above ten yeares together , as i am not able longer to beare without evident destruction to me and mine , and so at present i rest , and wish i could subscribe myselfe . your servant iohn lilburne . from my causlesse , and most uniust captivity in the tower of london , the place of my fixed and resolved resolution , to spend the last drop of my heart blood against the house of lords vsurpations , over the legal rights , & freedomes of all the commons of england , this 20. of iuly . 1647 ▪ notes, typically marginal, from the original text notes for div a88167e-30 * which appeal , you may read in the freemans freedome vindicated pag. 9 , 10 , 11. a third address directed to his excellency the lord generall cromwell, and the right honourable the councell of state sitting at white-hall being the humble petition of lieutenant-colonell john lilburne prisoner in newgate. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88255 of text r211547 in the english short title catalog (thomason 669.f.17[22]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88255 wing l2183 thomason 669.f.17[22] estc r211547 99870263 99870263 163272 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88255) transcribed from: (early english books online ; image set 163272) images scanned from microfilm: (thomason tracts ; 246:669f17[22]) a third address directed to his excellency the lord generall cromwell, and the right honourable the councell of state sitting at white-hall being the humble petition of lieutenant-colonell john lilburne prisoner in newgate. lilburne, john, 1614?-1657. 1 sheet ([1] p.) printed by tho. newcomb dwelling in thamestreet over against baynards castle, london : [1653] dated at end: newgate, this present monday, being june the 20. 1653. date of publication from wing. reproduction of the original in the british library. eng lilburne, john, 1614?-1657 -imprisonment -early works to 1800. detention of persons -england -early works to 1800. prisoners -civil rights -early works to 1800. a88255 r211547 (thomason 669.f.17[22]). civilwar no a third address directed to his excellency the lord generall cromwell, and the right honourable the councell of state sitting at white-hall: lilburne, john 1653 891 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 mona logarbo sampled and proofread 2007-10 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a third address directed to his excellency the lord generall cromwell , and the right honourable the councell of state sitting at white-hall : being , the humble petition of lieutenant-colonell john lilburne prisoner in newgate . sheweth , that since your petitioner in the confidence of your goodness and righteousness cast his life at your feet , he hath truly shewed by his humble addresses to your honours , that whilst he lived in banishment , his life was no better then a constant dying unto him , besides other straits and extremities ; his life being daily sought for , and exposed to constant and desperate hazards by his enemies . and upon that account , together with the unwearied importunities and tears of his tender wife , he was induced to come into england , being neither in the least invited nor incouraged thereunto by any other but she alone . only he believed it better and more safe for him to cast his life ( notwithstanding any prejudices of spirit whatsoever against him ) upon the mercy and favour of those , who zealously profess the fear of the lord , and faith in the tender mercies of god in christ , and had engaged in the same publike cause with him against tyrannie and oppression ; then to be at the mercy of his false , cruel , and bloody enemies beyond the seas , who have no such bonds upon their spirits . yet to his grief , he finds no effect of his former addresses but his imprisonment , in the most dishonorable goal ; and as he is informed , an order for his speedy trial upon the act for his banishment ; without any the least notice taken of what he hath humbly offered to your honours in his said former addresses , concerning the illegality of the said act and all the proceedings thereupon . that upon a most serious search into his own actions , and the very intentions of his heart , your petitioner cannot find the least cause why he should be rendred a person so abominable , that he is unfit to live or breath in this commonwealth ; only he feares that his intentions in comming hither in this juncture of time may be misrepresented to your honours . whereas he doth seriously and really profess as in the sight of the lord ( that searcheth all hearts ) that he hath herein truely and in the integrity of his soul , without deceit or guile in the least , clearly declared the occasion of his coming ; and that he had no designe , end , or intention , but meerly to crave the protection of the present power in all humility , and a peaceable and quiet submission to their government , and to endeavour in all peaceable ways , that the justice of the sentence passed against him might be legally and judicially examined , and the judgement revoked , that he might quietly live a private life , and enjoy the fellowship of his christian friends , and the society of his dearest wife , and tender babes : and unto this kind of life he is ready most solemnly to bind and ingage himself , and he believes many of his friends will freely ingage for his truth and integrity of real performance of his promise therein ; and that he shall neither directly nor indirectly disturb , or in the least molest the present power and government . that your petitioner having never in the least been charged nor accused of any capital crime in reference to his banishment , humbly craves your honours seriously to consider , wherein god shall be dishonoured , or the commonwealth damnified , or any honest member thereof prejudiced by his living and breathing in england ; for whose real welfare , and the honest inhabitants thereof , and their true tranquility , he hath for many years together run most real and apparent hazards , and that without eying in the least any mercinary or pecuniary advantagious ends unto himself . and likewise he most humbly intreats you seriously to consider , wherein god shall be glorified , and his people comforted , the commonwealth advantaged , or any capital offenders terrified , by shedding your petitioners innocent bloud , upon the breach of the said act for his banishment . and therefore if god shall so incline your hearts , he humbly prays , that all proceedings against him upon the said act may forthwith be suspended ; and that he may have free liberty to make his humble addresses in a peaceable submissive manner to those that are and shall be intrusted with the supreme authority , for the repealing the said act. and that in the interim he may be freed from his chargeable imprisonment , upon his most solemn engagement and security to live peaceably and quietly with his poor family , in all obedience and submission to the present power and government . newgate , this present monday , being june the 20. 1653. and he shall pray , &c. john lilburne . london , printed by tho. newcomb dwelling in thamestreet over against baynards castle . the innocent mans's second-proffer made unto his present adversaries october 22. 1649. and communicated unto them, by his loving brother, collonell robert lilburne. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88201 of text r211300 in the english short title catalog (thomason 669.f.14[85]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88201 wing l2120 thomason 669.f.14[85] estc r211300 99870030 99870030 163072 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88201) transcribed from: (early english books online ; image set 163072) images scanned from microfilm: (thomason tracts ; 246:669f14[85]) the innocent mans's second-proffer made unto his present adversaries october 22. 1649. and communicated unto them, by his loving brother, collonell robert lilburne. lilburne, john, 1614?-1657. 1 sheet ([1] p.) s.n., [london : 1649] signed at end of letter: john lilburne. dated: tower, octob. 22, 1649. imprint from wing. includes list: the names of the severall bookes and papers, written and published by lieutenant collonel john lilburne since his contest with the bishops, in the yeare 1637. reproduction of the original in the british library. eng lilburne, john, 1614?-1657 -imprisonment -early works to 1800. detention of persons -england -early works to 1800. prisoners -legal status, laws, etc. -early works to 1800. a88201 r211300 (thomason 669.f.14[85]). civilwar no the innocent man's second-proffer, made unto his present adversaries october 22. 1649. and communicated unto them, by his loving brother, co lilburne, john 1649 1131 6 0 0 0 0 0 53 d the rate of 53 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the innocent man's second-proffer , made unto his present adversaries october 22. 1649. and communicated unto them , by his loving brother , collonell robert lilburne , brother , in answere to your late letter i can make no other proposition besides what is in my letter to mr. heveningham , of the 20 present , then this : that seeing my selfe , and the principles i professe are a burthen to the men in present power ; therefore ( for peace and quietnesse sake only ) i will engage , ( enjoying my money , and my immediate liberty ) that i will within six moneths time transplant my selfe into some part of the west-indies . provided , that all those that are free , and willing to goe along with me , of what quality soever , may have free liberty , at their pleasure to goe , and provided , seeing many of those i know willing to undertake the journey are made very poore , by reason of their sufferings in the present distractions , may have all such monies , justly paid unto them as is owing them , either upon arreares , for faithfull service already done , or for monies lent to the publique , that so they may be the better , enabled for their journey , they ingaged thereupon to goe . and , provided , that others that are willing to goe , and are so very poore , that they cannot transplant themseles , may have from the publique some reasonable allowance for that end , this being the land of their nativitie , where , by the law of nature , they may challenge a subsistance , and therefore it is but just , seeing their company and principles are a burthen and trouble to the men in present power , that they should make their willingnesse ( for peace sake ) able to transplant themselves into a desart , where , with industry and the blessing of god thereupon , they may expect a livelihood ; and this with the ingagement of the present power , for a peaceable protection while wee stay in england , and for their assistance for a reasonable convoy in some part of our journey , i will ingage in securitie , i will not act against their power during my stay in england , directly nor indirectly ; but for mee to ingage singly to goe alone , seeing i know noe plantation already planted but i would sooner choose to bee cut in peeces in england then ingage to goe to it , therefore particularly i shall not engage without the tearmes above said , come life , come death , to which i shall stand : witnesse my hand ; tower , octob. 22. 1649. john lilburne . the names of the severall bookes and papers , written and published by lievetenant collonel john lilburne since his first contest with the bishops , in the yeare 1637. 1 & 2 part of the christian mans tryall . 3 come out of her my people , printea anno 1639. 4 an answere to t. b. his 9 arguments . 5 an information for the ignorant . 6 the poore mans cry 20 decemb. 1649. 7 & 8 two epistles , to the lord major , and the apprentices of london . 9 a letter to the wardens of the fleete , since the parliament , 3 nouemb. 1640. 10 a letter to mr. william prynne . 11 reasons for writing thereof . 12 a letter to a friend , july 25. 1645. 13 innocency and truth justified . 14 the second part of the same . 15 my relation before the lords , feb. 15. 1645. 16 the just mans justification , with a second edition june 6. 1646. since my contest with the lords . 17 the free mans freedom vindicated . 18 londons liberty , in chaines , discovered . 19 the charters of london . 20 an anatomy of the lords tyranny . 21 the opressed mans oppressions declared . 22 the out-cries of the oppressed commons , being two editions . 23 the resolved mans resolution . 24 rash oathes unwarrantable . 25 jon●hs cry out of the whales belly . 26 the juglers discovered . 27 two letters to mr. henry marten esq . 28 & 29 his grand and additionall plea , &c. since his contest with commons and lords joyntly , being committed by them both . jan. 1647. 30 the peoples prerogative . 31 a whip for the house of lords . 32 the prisoners plea for a habeas corpus . 33 the oppressed mans cry to bee brought to the barre of justice . 34 the prisoners cry against the judges of the kings bench . 35 the lawes funerall . 36 an epistle to every individuall member of the house of commons . since his contest with the counsell of state march 28. 1649. 37 two pictures of the councell of state . 38 a discourse with mr. peeters . 39 the legall fundamentall liberties of england revived , being two editions . 40 a manifesto from all the foure prisoners of the 14. of aprill 1649. 41 an agreement of the free people , of the 1. of may 1649. 42 an impeachment of high treason against cromwell and ireton . 43 a preparrative to an hue and cry after sir arthur haslerig . 44 strength out of weakenesse , being a discourse with mr. prideaux . 45 salva libertate , sent to the lievetenant of the tower . in all which bookes , papers , &c. the said lievetenant collonel john lilburne hath constantly and fearelessely opposed himselfe against the tyrannie of the times , not in the least , in opposition to a just government , having alwaies ( as now ) had the law o●england on his side , for the just defence whereof , and to satisfie the blood thirsty malice of old sir henry van● , manchester , crumwell , sir arthur haslerig , &c. hee is now exposed to a tryall for life before arbitrary judges , who can no way justifie themselves , but by his condemnation . let therefore angells and men judge wh●●●er they can deserve the benefit of law themselves , which thus wickedly deny it to others ; and if this b●● suff●●●d , what possibilitie of protection can there bee for any since therefore ordinary meanes cannot prevaile , extraordinary must , and if in the use thereof wee perish , wee perish . to the honorable the commons in parliament assembled the humble petition and remonstrance of edmond rolph, prisoner in the gatehouse, westminster rolph, edmund. this text is an enriched version of the tcp digital transcription a91958 of text r210893 in the english short title catalog (thomason 669.f.13[12]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91958 wing r1891 thomason 669.f.13[12] estc r210893 99869644 99869644 162907 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91958) transcribed from: (early english books online ; image set 162907) images scanned from microfilm: (thomason tracts ; 246:669f13[12]) to the honorable the commons in parliament assembled the humble petition and remonstrance of edmond rolph, prisoner in the gatehouse, westminster rolph, edmund. 1 sheet ([1] p.) s.n., [london : 1648] imprint from wing. annotation on thomason copy: "sept ye 5th 1648". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. rolph, edmund -imprisonment -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91958 r210893 (thomason 669.f.13[12]). civilwar no to the honorable the commons in parliament assembled; the humble petition and remonstrance of edmond rolph, prisoner in the gatehouse, westm rolph, edmund 1648 1143 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the honorable the commons in parliament assembled ; the humble petition and remonstrance of edmond rolph , prisoner in the gatehouse , westminster : sheweth , that in judgment and conscience he hath adventured his life for the preservation of the honor and just power of parliaments , with the freedoms , liberties and properties of the free-born people of this nation . that as heretofore , so at present , all the endeavors of wicked and malicious men , are bent and imployed to wound and destroy both the parliaments honor , and the peoples liberties , by subtle designments and scandalous aspersions , thereby to render both the parliament , army , and all godly people adhering to them , odious in the eyes of the nation . that in order to the end aforesaid , one osbourn and dowcet hath lately made a false and scandalous suggestion , bruting it abroad that there was a design to poyson the king ; and because it was necessary that they should father the design upon some body , they have layd it upon the whole army in general , and upon your petitioner in particular ; using all means , by colour of the said suggestion , to exasperate the people to resist the authority of parliament , and to weaken their power by the destruction of that army , which by the blessing of god hath been your protection to this day , maugre the malice of your adversaries . that by means of the said suggestion , your petitioner hath been by a party of the lords imprisoned and sentenced contrary to law , without hearing , yea without legal crime or legal accuser ; having not only his life end angered by his cruel usage , in the time of his bodily distemper , but also his name and credit destroyed by having that scandalous imputation of a traytor cast upon him . that this house hath declared it to be a heinous crime , against the law of nature , against the rules of justice that innocent men should be charged with so high an offence as treason in the face of the highest judicatory of the kingdom , without witness , without evidence , without all possibility of legal repairation : 1 part book decl. pag. 201. that by the law of the kingdom no person ought to be imprisoned , indicted , arraigned , or condemned for any treason or treasons , without the testimony of two lawful accusers , as appears by the statute of 5 & 6 of edw. 6. chap. 11. as was largely proved at the open bar at the assize and general goal-delivery held at winchester for the county of southampton , by mr maynard counsellor at law , and a member of this honorable house . that contrary to this and many other good laws , providing against this evil , your petitioner hath not only been detained in prison without any legal warrant , but hath also been indicted contrary to law , ( the said indictment being drawn up here by the kings councel , and by the said lords transmitted to be found at winchester by the grand-jury , ) and yet your petitioner kept prisoner in the gatehouse . that in order thereunto , osbourn and dowcet were by the lords sent to winchester to give evidence to the grand-jury upon the said indictment ; which they accordingly did on the 28 of august , 1648. that notwithstanding the said indictment did consist of four several heads of treason , wherein the whole army as well as your petitioner was accused , yet the said osbourn and dowcet gave nothing material in evidence , whereon an indictment could be grounded ; so that upon the examination of the whole matter , the grand jury returned an ignoramus upon the said bill of indictment , as by a certificate from the clerk of the assize more plainly appeareth . that your petitioner , notwithstanding he is clear in the eye of the law , and in the consciences of all honest men , yet he is still a prisoner to the will of the lords , and left without a possibility of legal repairation , both for his illegal imprisonment , besides his great charges and damages in his estate and credit sustained , being left without all possibility of vindication or reparation , unless this honorable house be pleased ( as in like cases heretofore ) to take him into consideration , and as a manifestation of their just sense , of their own , and the armies honor , and your petitioners unparaleld sufferings , find some expedient both for the enlargement , vindication and repairation of your petitioner ; the judges being both corrupt , and so neerly concerned ; the lords so powerful ; and osbourn and dowcet so beggarly ; that it is impossible your petitioner should ever be repaired in his estate or credit , without your justice be exercised in the obtaining thereof . the premisses considered , may it please your honors , ( seeing that both your own , and the armies honor hath been blemished by the said scandalous information , ) that therefore some publication may be made by the authority and approbation of this house , of the proceedings in relation to this business , to the end that your , and the armies honor may be vindicated , and your petitioners name and credit so far as may be repaired ; and that some legal way may be taken for the freedom and repairation of your petitioner , who is greatly impoverished by the said imprisonment , it having cost him nigh 120 l. of his estate since the time of his restraint , besides the great damage received in his name and credit , which is altogether unrepairable . and forasmuch as the judges are appointed to sit with the lords as their assistants in point of law , and ought to inform them by what rule they are to proceed , being sworn thereunto , and yet have , contrary to law and their oaths , connived at the apparent subversion of the fundamental laws of this nation , by suffering such illegal warrants to pass from time to time from the lords upon such illegal accusations ; that therefore this house would be pleased to call the said judges to an account for these their undue proceedings ; and out of their estates ( who ought to have prevented your petitioners sufferings & damages ) to allow him such legal repairations as to your honors shall seem meet and couvenient . and he shall pray , &c. mr. prynnes demand of his liberty to the generall, decemb. 26. 1648 with his answer thereto; and his declaration and protestation thereupon. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91172 of text r35131 in the english short title catalog (thomason 669.f.13[63]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91172 wing p3940 thomason 669.f.13[63] estc r35131 99872400 99872400 162959 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91172) transcribed from: (early english books online ; image set 162959) images scanned from microfilm: (thomason tracts ; 246:669f13[63]) mr. prynnes demand of his liberty to the generall, decemb. 26. 1648 with his answer thereto; and his declaration and protestation thereupon. prynne, william, 1600-1669. fairfax, thomas fairfax, baron, 1612-1671. 1 sheet ([1] p.) s.n., [london : 1648] dated and signed at end: decemb. 26. 1648. william prynne. the generall = thomas fairfax, baron fairfax. place of publication from wing. variant; includes a quote from 'revel. 2. 10' ending with the phrase "crown of life" between date and signature at end. reproductions of the originals in the harvard university library (early english books) and in the british library (thomason tracts). eng prynne, william, 1600-1669 -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91172 r35131 (thomason 669.f.13[63]). civilwar no mr. prynnes demand of his liberty to the generall, decemb. 26. 1648. with his answer thereto; and his declaration and protestation thereupon prynne, william 1648 1420 1 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion mr. prynnes demand of his liberty to the generall , decemb. 26. 1648. with his answer thereto ; and his declaration and protestation thereupon : for the honourable lord fairfax , generall of the present army . these are to acquaint your lordship ; that i being a member of the commons house of parliament , a freeman of england a great sufferer for , and an assertor of the subjects liberties against all regall and prelaticall tyranny , and no way subject to your owne , your councell of warres , or officers military power or jurisdiction , going to the house to discharge my duty on the sixt of this instant december , was on the staires next the commons house doore , forcibly kept back from entring the house , seized on , and carried away thence , ( without anie pretext of lawfull authoritie or cause assigned ) by col. pride and other officers and souldiers of the armie under your command . and notwithstanding the houses demand of my enlargement both by their serjeant and otherwise , ever since unjustly detained under your marshalls custodie , and tossed from place to place , contrarie to the known priviledges of parliament , the libertie of the subject , and fundamentall lawes of the land , which you are engaged to maintain against a●● violation . and therefore do hereby demand from your lordship my present enlargement , and just libertie , with your answer hereunto . from the kings head in the strand , december 26 1648. william prynne ; this was delivered to the generalls owne hands at his house in queenestreet , about three of the clock , the same day it beares date ; by doctor bastwicke , who returned this answer by him , upon the reading thereof : that he knew not but mr. prynne was already released , and that hee would send to his officers to know what they had against him . who it seemes act all things without his privity , and steer all the armies present counsells and designes , according to their absolute wills . the publick declaration , and protestation of william prynne of lincolnes inne esquire , against his present restraint : and the present destructive councells , and iesuitical proceedings , of the generall , officers and army . i william prynne , a member of the house of commons and freeman of england ; who have formerly suffered 8. yeares imprisonment ( four of them close , three in exile ) three pillories , the losse of my eares , calling , estate , for the vindicating of the subjects just rights and liberties against the arbitrary tiranny and iniustice of king and prelates , and defence of the protestant religion here established ; spent most of my strength and studyes in asserting the peoples iust freedome , and the power and priviledges of parliament , against all opposers , and never received one farthing ( by way of dammages , gift , or recompence ) or the smallest benefit or preferment whatsoever , for all my sufferings , and publike services , doe here solemnly declare , before the most just and righteous god of heaven and earth , ( the searcher of all hearts ) the whole kingdome , english nation , and the world , that having according to the best of my skil and judgment , faithfully discharged my trust and duty in the commons house , upon reall grounds of religion , conscience , justice , law , prudence and right reason , for the speedy and effectuall settlement of the peace and safety of our three distracted , bleeding dying kingdoms , on munday , the 4th . of december , i was on wednesday morning following ( the sixt of this instant ) going to the house to dischage my duty , on the parliament staires next the commons doore , forcibly seized upon by col. pride , sir hardresse waller , and other officers of the army ( who had then beset the house with strong guards and whole regiments of horse and foot ) haled violently thence into the queens court , notwithstanding my protestation of breach of priviledge , both as a member and a freeman , by a mere usurped tirannicall power , without any lawfull authority , or cause assigned ; and there forcably detained prisoner ( with other members there restrained by them ) notwithstanding the houses double demand of my present enlargement to attend its service , by the sergeant , and that night [ contrary to faith and promise ] carried prisoner to hell , and there shut up all night , ( with 40 other members ) without any lodging or other accommodations , contrary to the known priviledges of parliament , the fundamentall lawes of the realme , and liberty of the subiect ; which both houses , the three kingdomes , the generall with all officers and souldiers of the army , are by solemn covenant and duty obliged inviolably to maintaine . since which i have , without any lawfvll power or authority , been removed and kept prisoner in severall places , put to great expences , debarred the liberty of my person , calling ; and denyed that hereditary freedome , which being to me of right , both as an freeman , a member , an eminent sufferer for the publike , and a christian , by these who have not the least shaddow of authority or justice to restraine me , and never yet objected the least cause of this my unjust restraint : i do therefore hereby publiquely protest against all these their proceedings , as the highest usurpation of an arbitrar i and tyrannicall power , the greatest breach of faith , trust , covenant , priviledges of parliament , and most dangerous encroachment on the subiects liberties , and lawes of the land , ever practised in this kingdome by any king or tyrant , especially by pretended saints , who hold forth nothing but iustice , righteousnesse , liberty of conscience , and publike freedome in all their remonstrance ; whiles they are tryumphantly trampling them all under their armed iron feet . and do further hereby appeal to , & summon them , before all the tribunalls & powers in heaven and earth for exemplary iustice against them , who cry out so much for it against othes , lesse tyrannicall , oppressive , uniust , and fedifragus to god and men , then themselves : and doe moreover remonstrate , that all their present exorbitant actings against the king , parliament , present government , & their new-modled representative , are nothing else but the designs and projects of iesuits , popish priests , & recusants , [ who beare chiefe sway in their councels ] to destroy and subvert our religion , lawes , liberties , government , maiestracy , ministry , the present and all future parliaments , the king , his posterity , and our three kingdomes , the generall , yee officers , and army themselves , and that with speedy and inevitable certainty ; to betray them all to our forraigne popish enemies ; and give a just ocasion to the prince and duke , now in the papists power , to alter their religion , & engage them , and al foraign princes and estates to exert all their power to suppresse and extirpate the protestant religion and posessors of it through all the world , which these unchristian , scandalous , treacherous , rebellious , tyrannicall , jesuiticall , disloyal , bloody present counsels and exorbitances of this army of saints , so much pretending to piety and iustice have so deepely wounded , scandalized , and rendred detestable to all pious , carnall and morall men of all conditions . all which i am , and shall alwayes be ready to make good before god , angels , men , and our whole three kingdoms in a free and full parliament , upon all just occasions ; and seal the truth of it with the last drop of my dearest blood . in witnesse whereof , i have hereunto subscribed my name : at the signe of the kings head in the strand : decemb. 26. 1648. william prynne . a salva libertate sent to colonell francis west of the tower of london, on fryday the fourteenth of september 1649. by lieutenant collonell john lilburne, vnjustly, and illegally imprisoned, in the said tower, ever since the 28. of march, 1649. occasioned by the receipt of a verball command (which in law is nothing, nor signefies nothing) whereby the said leiut. was seemingly authorized, to carry the said john lilburne before mr. prideaux the nicknamed, and falsly so called atturney general on fryday 14. sept. 1649. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88249 of text r211267 in the english short title catalog (thomason 669.f.14[76]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88249 wing l2177 thomason 669.f.14[76] estc r211267 99869995 99869995 163063 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88249) transcribed from: (early english books online ; image set 163063) images scanned from microfilm: (thomason tracts ; 246:669f14[76]) a salva libertate sent to colonell francis west of the tower of london, on fryday the fourteenth of september 1649. by lieutenant collonell john lilburne, vnjustly, and illegally imprisoned, in the said tower, ever since the 28. of march, 1649. occasioned by the receipt of a verball command (which in law is nothing, nor signefies nothing) whereby the said leiut. was seemingly authorized, to carry the said john lilburne before mr. prideaux the nicknamed, and falsly so called atturney general on fryday 14. sept. 1649. lilburne, john, 1614?-1657. 1 sheet ([1] p.) s.n., [london : 1648] imprint from wing. dated at end: from my chamber in the tower of london this 14. of sept. 1649. reproduction of the original in the british library. eng lilburne, john, 1614?-1657 -imprisonment -early works to 1800. detention of persons -england -early works to 1800. prisoners -legal status, laws, etc. -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a88249 r211267 (thomason 669.f.14[76]). civilwar no a salva libertate sent to colonell francis west of the tower of london, on fryday the fourteenth of september 1649. by lieutenant collonell lilburne, john 1648 1638 4 0 0 0 0 0 24 c the rate of 24 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 elspeth healey sampled and proofread 2007-10 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a salva libertate , sent to collonell francis west leiutenant of the tower of london , on fryday the fourteenth of september 1649. by leiutenant collonell john lilburne , vnjustly , and illegally imprisoned , in the said tower , ever since the 28. of march , 1649. occasioned by the receipt of a verball command ( which in law is nothing , nor signefies nothing ) whereby the said leiut. was seemingly authorized , to carry the said john lilburne before mr. prideaux the nicknamed , and falsly so called atturney generall on fryday 14. sept. 1649 sir . betwixt eight and nine a clock last night you sent your servant to me , who desired me in your name to come and speak with you , which i accordingly did , and you told me to his effect , that you being out of town in your absence the atturney generall had sent to you : to bring me up to him to the temple in the morning by eight a clock , which you thought good to acquaint me with ; and to know of me whether i would go or no , and you would go with me your selfe . vnto-which i answered to this effect , alas , sir , go with you ? i must , for i know , if i refuse , you can compell me by your guards and therefore i must ▪ nolens , volens go , which i would not do , were i rationably able to resiist you ; but being i am not i shall go , but this i must tell you aforehand , that i know no such man as mr. atturney generall , neither when i come before him shall i so much as put off my hatt unto him , or give him any reverence or respect ; but slight him , and contemne him with the greatest scorne i can imagine . and withall i gave unto you a new book of mine not then published to the view of the world , though the cheefest part of it was pen'd many weeks agoe , which i read to sir arthur has●eriggs one leiut. collonell paul hobson , at his inne at the bull in bishopsgate-streete divers weeks ago , intituled , a preparative to an hue and cry after sir arthur has●erigge , for his severall waies attempting to murther and by base plots , conspiracyes , and false witnesse to take away the life of leiut. col john lilburn . vvhich book i entreated you seriously to read , because there was somthing in it which did a little concerne you . and in the way as i came from you , i was musing upon the frame of a salva libertate to send to you , in the nature of my quondam fellow prisoners . sir iohn minard , alderman adams , alderman langham , and alderman bunch , their salva libertate in the case of the house of lords unjust dealing with them in summoning them up to their barre , which they sent to your late predecessour col. tichburne , whose said salva's are recorded in sit iohn maynards case truly stated , intituled , the laws subversion . pag. 36. 37. and in the aldermans printed and excilent petition presented to the lords , 25. of aprill 1649. but before i got up into my chamber , i came back and told you , i had forgot to demand of you a sight of the vvarrant by vertue of which you were to carry me up , and you told me , you had received none in writing , but only there was sent unto you a verball command , unto which i answered , that was higher then the kings own practises , and was so vissibly imperious , and arbitrary , that i could not but scorne to be such a scounderill as to stoop unto , or obey any such command , although i apparantly hazarded my life in resisting of it , and therefore told you , if you would have me go upon them tearms , you should carry me by the neck and heeles , for i would find no leggs to go ; but if you would produce unto me a written warrant , which had some more face of legall majestracy in it then verball commands , and according to my right and priviledge let me read it , i would go with you either by land or water as you pleased ; because i was in no capacity to resist you , although i then told you i judged a paper warrant ( although in words never so formall ) coming from any pretended power or authority in england now vissible , to be altogether illegall , because the intruding generall fairfax and his forces , had broak and annhilated all the formall and legall magestracy , of england yea the very parliament it self , and by his will and sword ( absolute conqueror like ) had most tyrannically erected and set up , and imposed upon the free people of this nation , a juncto ●o mock powersitting at westminster , whom he and his associates call a parliament ; who like so many armed theeves , and robbers upon the high-way , assume a power by their own will most traterously to do what they like ; yea , and to fill the land with their mock , or pretended magestrates , amongst the number of which is the pretended atturnney generall , in perfect opposition of whom , to the utmost of my might , power and strength , i am resolved by gods gracious assistance , to spend my blood , and all that in the world is deare unto me , supposing him not really and substantially worth the name of an english free-man , that in some measure in this particular is not of my mind . but upon my fore-going answer to you , you were pleased to tell me , upon a verball command you would not force me ; but you would acquaint the atturny generall with my answer which i intreated you to do , conceiving your practise therein abundantly every way more safe for your self , then to execute verball commands , as is legally illustrarted in the 16. pag. of my forementioned book i gave unto your hands . and sir , accidentally , seeing you betwixt 11. and 12. a clock to day , i desired to know if you heard any more of the busines , and you shewed me a pretended warrant the copy of which thus , followeth . these are to will and requite you to bring before me at my chamber in the inner temple , this present day at 3. of the clock in the afternoone , the body of col. iohn lilburne , to answer to all such matters as shall be objected against him , and hereof you are not to faile . given under my hand this 14. day of sept. 1649. to francis vvest esq. leiutenant of the tower of london . edmond prideaux . vvhich said pretended warrant is not only illegall in him that makes it , who is no atturney generall either in law , or reason ; but if he were atturney generall , i am sure he hath no power in law to send his warrant for me , or any man in england , to answer to all such things as shall be objected against me , and therefore i am constrained , to inform you hereby , that my person ought not to be hurried to and fro , or disturbed at the pleasure of any man , neither can i yeeld obedience to the commands of any which are not just and legall ; and therefore in case you disturb me by such an illegall warrant , i doubt not but though i should in a sudden perish ( which as to this life , i doe herby acquaint you , i shortly expect ) but some well wisher to englands freedoms , will hereafter call you to a strict account for your illegall dealings with me ; for i must let you know hereby , i cannot voluntarily go to the inner temple to the pretended atturney generall , but shall suffer you to carry me if you shall send force which i cannot resist ; and be-cause i know not whether ever i shall have opportunity to write another line , by reason of the blody unsatiable rage of my tyrannicall adversaries after the last drop of my bloud . i can not chuse but acquaint you , that i have long since drawn , and published my plea against the present power , in my 2. edition of my book of the 8 of iune 1649. intituled , the legall fundamentall liberties of the people of england , revived , asserted , and vindicated , which you may in an especiall manner read in the 43. 44. 45. to the 59. pag. which by the strength of the lord . god omnipotent , my large experienced , help in time of neede i will seale with the last drop of my blood : so being in post hast by reason of the shortnesse of time that i have had knowledg of your pretended warrant , i rest , as much a christian and an englishman as ever , from my chamber in the tower of london this 14. of sept. 1649. john lilbvrne . the innocent man's first proffer. or, the proposition of lieutenant collonel john lilburne, prerogative prisoner, in the tower of london, made unto his present adversaries, and to the whole nation of england, octob. 20. 1649. for william hevenningham esq. of hevenningham, in suffolk, these present. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88200 of text r211292 in the english short title catalog (thomason 669.f.14[83]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88200 wing l2119 thomason 669.f.14[83] estc r211292 99870021 99870021 163070 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88200) transcribed from: (early english books online ; image set 163070) images scanned from microfilm: (thomason tracts ; 246:669f14[83]) the innocent man's first proffer. or, the proposition of lieutenant collonel john lilburne, prerogative prisoner, in the tower of london, made unto his present adversaries, and to the whole nation of england, octob. 20. 1649. for william hevenningham esq. of hevenningham, in suffolk, these present. lilburne, john, 1614?-1657. 1 sheet ([1] p.) s.n., [london : 1649] imprint from wing. dated at end: from my captivity, & bodily-bondage in the tower of london, octob. 20, 1649. address to the reader in the right-hand margin. reproduction of the original in the british library. eng lilburne, john, 1614?-1657 -imprisonment -early works to 1800. detention of persons -england -early works to 1800. prisoners -legal status, laws, etc. -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a88200 r211292 (thomason 669.f.14[83]). civilwar no the innocent man's first proffer. or, the proposition of lievtenant collonel john lilburne, prerogative prisoner, in the tower of london, ma lilburne, john 1649 1990 25 0 0 0 0 0 126 f the rate of 126 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the innocent man's first proffer . or , the proposition of lievetenant collonel john lilburne , prerogative prisoner , in the tower of london , made unto his present adversaries , and to the whole nation of england , octob. 20. 1649. for william hevenningham esq . of hevenningham , in suffolk , these present . having somtimes the oportunity to discourse with you , there appeared that in you unto me , that gives mee incouragement to pick you out above all men that now remaine sitting in your house , to write a few lines unto , in as moderate a way , as my condition and my provocations will permit me : i have now within a very few daies been seven mōneths a prisoner , the legallity or illegality of which i shall not now discourse , having already of late said ●o much in my owne defence * grounded upon the law , your owne declarations , and the armies ; which with other things ( it seemes ) hath occasioned your house to passe a speciall commission of oyer and terminer , to try mee ; which whether such a speciall commission , made by never so unquestionable an authority , bee not contrary to the petition of right ( which you have so often sworne , and particularly declared to maintaine inviolably ) i shall for brevities sake not now dispute ; only give me leave ( and i hope without any offence ) to put you in minde of that excellent and printed argument ( in speeches and passages of parliament 1640. 1641. page 409 , 410 , 411 , to 417 ▪ ) of master hides , your quondam fellow-member , before the lords in parliament , as the then mouth of the commons-house , in aprill 1641 , upon the speciall commission of oyer and terminer , that was exercised in the five northern counties at yorke , in which argument , besides many excellent and observable passages about the midst of it hee interrogates and saith : what hath the good northern people done , that they only must bee disfranch●zed of all their priviledges by magna charta and the petition of right , for to what purpose serve these statutes if they may bee fined and imprisoned without law , according to the discretion of the said commissioners ( of speciall oyer and terminer ) what have they done ? that they and they alone , of all the people of this ( then ) happy i sland , must be disinherited of their byrth right , of their inheritance ? i sh●●l at present make no application for my selfe , only i shall add a few more of his lines towards the conclusion of hi● argument in page 415 , which i hope cannot bee offensive , being spoke by him that was so eminently authorized thereunto ▪ where hee saith to the lords : truly my lords , these vexed , w●rne , people of the north , are not suitors to you● lordships to regulate this court ( of speciall oyer and terminer ) or to refo●me the judges of it , but for exti●pa●ing th●se judges , and the utter abolishing this court ; they are of catoes minde , who would not submit to caesar for his life ; saying ▪ hee would not bee beholding to a tyrant for injustice ; for , it was injustice in him to take upon him to save a mans life , over whom hee had no power . which court of speciall oyer and terminer was absolutely and totally abolished by that excellent act that abolished the star-chamber being the 17 of the late king an. 1641. but sir , if it shall be objected against me that you are necessitated to take such an extraordinary course with me , as a speciall commission of oyer and terminer is , because i will not own your authority : yea , and i● i so continue , to deale with me as you dealt with the late king . unto which at present i answer , first , the kings case and mine is different , for hee refused to answere to his charge principally out of ●his consideration , because hee had inherent in him an old received principle ( as appeares in his answere to the petition of right anno 1627 and in many of his declarations made since the beginning of the late warres , and by his speeches at his death , by virtue of which , hee judged himselfe as not liable o● capable of being judged by any power on earth , but only by god alone : and as being in any sence , not in the least , for any action he did ( though in it selfe never so vile ) subject to the punishing part of the law . now , for my part , i ●oe not in the least , refuse to be tryed out of that consideration , for i acknowledg my selfe but a bare englishman , subiect to the lawes thereof , as well in the penal as in the directive part of them , unto the ordinary rule of which , with all my heart , i am willing to stoope , and wish my adversaries would doe the same , and then i beleeve the controversie would not long last betwixt us . but seeing betwixt my adversaries and my self there is a difference about the legallitie and justices of power , which in some late printed papers and popular discourses , is made use of against mee , as though i had a selfe conviction in my own conscience , of my own guilt , and therefore to avoid , as much as in mee lies , a tryall . to ●ake off which , and to lay my selfe , and my adversaries nakedly , and fully open to the judgement and censure of all ingenious and rationall men in england . i doe hereby , under my hand and seale ( for that end it may be shewed to your house ) proffer you , beside what i lately proffered mr. prideaux , which is contained in the 18 , and 19 , pages of the substance of that discourse now in print , and here inclosed ; that i am willing and ready , if they please , to choose one of your owne twelve judges , that sit in one of the three publique courts at westminster , and all or any of my adversaries shall choose which of the eleven remaining they please , and i will freely and voluntarily , obliege and b●nd my selfe under my hand and seale before witnesses , to stand to their finall and absolute determination ( upon the p●●nciples of law ) for all differences betwix them ( or any of them ) and me , although it reach to bannishmen● , losse of estate , limb , or life , so my adversaries will doe the like : provided , the hearing may bee open , publique , and free , indifferently for both parties , and that the judges give their judgement in writing under their hands , with their reasons for their so doing to every point of their judgement . and , provided i may for my owne benefit , use , or advantage ; choose two ▪ friends , freely to take , as well as their pennes will enable them , all that passeth , pro and con , without danger to their persons , liberties or estates ; or without hazard of having their papers ( by force or authoritie ) taken from them ; and this i thinke is as faire as any rationall man under heaven can desire , and which i cannot believe you can judge to the contrary , especial●y considering it is so consonant to that righteous rule of the sonne of god ( jesus christ ) contained in the scripture ( the volumne of truth ) viz. to doe as you would bee done to , which is the sum of both the law and gospell , and of all righteousnesse amongst men . and i hope this is so faire , that those that most thirst after my blood cannot , nor will not refuse it . but to make it more f●i●e if they judge it inconvenient to fix upon two of your owne judges ( who in interest are positively ingaged against me ) i will bee content they shall choose one sch●●ller , commonly called a clergy man , and i will choose another , or a cittizen , or a countreyman ( which they please ) and i will doe the like . so with my humble service presented to you , craving pardon for my boldnesse in troubling you , with whome i have had so little face to face acquaintance , earnestly intreating your utmost interest speedily in acquainting your house herewith , in the publiquest manner you can : i commit you to the lord my god , my protector and preserver , and rest , yours ( desirous particularly to be engaged to serve you ) john lilburne . from my captivity , & bodily-bondage in the tower of london , octob. 20. 1649. courteous reader , since i sent the foregoing epistle , i understand that wednesday next being the 24. of octob. 1649. is positively resolved by my adversaries , to be the day of my triall , and therefore i cannot chuse but publish this in print , and because a late pamphlet-scribler , and pretended vindicator of s. arth haslerig , said to be mr. thomas may , the councell of states pentioner , renders me in his late false and lying book to be an atheist , a denier of god and the scripture , and given up to all licesiousnesse , and an absolute confederate with prince charles , to set up his absolute will and prerogative in this nation ; & therefore not knowing whether my life will bee mine so long till i am able to publish a vindication at large , against his base calumniations , i shall desire you to take this at present , and if i die before more come , let the constant series of my actions and writings bee my future testators ) that if to beleeve constantly all that is contained in the law and the gospell , and to have confident hope of the resurrection of the dead and the life to come , and particularly of my owne , and to live conscientiously in all good conscience , as in the sight of that god that searcheth and knoweth the hearts of all the sons of men , both before god and men , be sufficient cause to be judged an atheist , &c. then i am one . and if to oppose , with all my might and strength , all interests whatsoever , that would set up a single man , or more , to rule and govern by will and pleasure , without bounds , limits , check or controle , be sufficient grounds to be judged a cavaliere , and for prince charles , then must i ingenuously confesse i am such a cavaliere , &c. and i hope so to dy , for which i blesse god i am ready and fitted , let it bee by what butcherly hands it will . notes, typically marginal, from the original text notes for div a88200e-30 * see my salva libertate sent to the lievetenant of the tower in september last , and my discourse with master prideaux , intituled , strength out of weakenes●● . a letter sent from the arch-bishop of canterbury (now prisoner in the tower) to the vice-chancellor, doctors, and the rest of the convocation at oxford, intimating his humble desires to his majesty, for a speedy reconcilement between him and his high court of parliament. laud, william, 1573-1645. this text is an enriched version of the tcp digital transcription a88786 of text r4532 in the english short title catalog (thomason e83_27). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88786 wing l591 thomason e83_27 estc r4532 99872697 99872697 125143 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88786) transcribed from: (early english books online ; image set 125143) images scanned from microfilm: (thomason tracts ; 14:e83[27]) a letter sent from the arch-bishop of canterbury (now prisoner in the tower) to the vice-chancellor, doctors, and the rest of the convocation at oxford, intimating his humble desires to his majesty, for a speedy reconcilement between him and his high court of parliament. laud, william, 1573-1645. 8 p. ordered to be printed, first at oxford by leonard lichfield, and now reprinted at london for edward vere, [london] : [1642?] signed: w.c. "this is believed to be a forgery"--cf. madan. "the supposed oxford original of this letter probably never existed, nor do the records of convocation show any trace of it."--cf. madan. annotation on thomason copy: "decemb: 29". reproduction of the original in the british library. eng laud, william, 1573-1645. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a88786 r4532 (thomason e83_27). civilwar no a letter sent from the arch-bishop of canterbury (now prisoner in the tower) to the vice-chancellor, doctors, and the rest of the convocatio laud, william 1642 2120 4 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter sent from the arch-bishop of . canterbvry ( now prisoner in the tower ) to the vice-chancellor , doctors , and the rest of the convocation at oxford , intimating his humble desires to his majesty , for a speedy reconcilement between him and his high court of parliament . ordered to be printed , first at oxford by leonard lichfield , and now reprinted at london for edward vere . a letter sent from the archbishop of cantvrbvry . master vicechancelor , and you gentlemen , the rest of my ancient friends and fellow-students , god , whose judgements are inserutable , before whom the wisdome of the children of men is but foolishnesse , hath beene pleased to lay his afflictions on me with a heavie hand , glorified be his name in all his works ; but no one among all the numbers of my miseries hath , or does more afflict me then that i am by my misfortunes made incapable of serving you and that famous nurse of good letters , your university ( of which i had sometimes the honour to be chancelor ) with that intire zeale and devotion , which my intentions aimed at : man purposeth and god disposeth , otherwise had his almighty will beene concurrent to my wishes , my indeavours should have rendred oxford the glory of the christian world for good literature ; but mens hopes resemble much the sunne , that at his rising and declension casts large shadowes , at noone , when he is clothed in all his brightnesse casts little or none at all ; when wee are farthest from our expectations , they appeare neerest to our hopes : our hopes feeding our imaginations with the prosperity of our intents , which then approch swiftly to ruine , like quite spent tapers , that give a sudden flash ere they extinguish . it was just so with mee , who now in stead of all the honours i possessed , am a prisoner ; and so like to continue , and would take it as an ample testimony of god almighties mercy to me , were i but assured to carry my gray haires downe to the grave in peace ; but his will be done , in earth as it is in heaven , i shall indeavour to make the best of my sufferings , that i may say with the psalmist , it was good for me that i was in trouble . and surely i shall so demeane my selfe towards god , my king , and the common-wealth in this my durance , that in my very enemies i shall beget compassion , in you my friends a hearty sorrow for my miseries , which have taught mee that true dictamen of wisdome , that i shall advise all , especially you of mine owne calling , the clergie , never to meddle with things above your reach , i meane state affaires , but to devote your selves solely to the service and worship of god , the true feeding the flocks committed to your charge ; for dangerous it is to meddle with the councell of kings , especiall for those who have professed themselves ministers of the almighty , on whose lawes they ought onely to meditate ; the affaires of state being theatres on which whosoever acts his part , though it appeare to him comicall in the beginning , the end will produce his owne tragedie , if hee looke not with the greater care to his performance ; as it happened to that most famous clergie-man of all our nation , that great cardinall woolsey ( whom some in a merry mockery ) have ●naptly made my paralell in dignity and fortune , who loden with disgraces , jam sumus ergo pares , not long before his departing-minute exclaimed , that if hee had served god but with halfe that integrity he had done the king , he would not have so deserted him in his old age . how i have served my king , then whom no man ever had the happinesse to serve a more gracious master , the world must be my judge , how i have performed my duty to god of that , my owne conscience ; nor shall i strive to give the world satisfaction in that point , onely desire them to remember that divine command ; iudge not lest you be judged : howsoever i have demeaned my selfe , it is enough i now suffer , without either repining at the will of the almighty , or exprobating mine accusers with the least accusation of malice , though never man hath had so many scandalous abuses cast upon him : none ever ( considering my calling ) having been made so notorious a subject for ridiculous pamphlets and bailads ; but it is not i alone that have indured injuries of that nature , they have fallen with the same licencious petulancie upon my betters , and i have long since studied that precept of the wise man , when a foole reviles thee , regard him not , and so enough of this matter , and all other ; but the maine cause of my writing to you , impute this needlesse exordium to my humane weaknesse , which is alwayes prone to tediousnesse in relation of its misfortunes , to those it is confident will lament and pitie them : an instance whereof wee have in children , who use to bemone themselves to their mothers and nurses , purposely to have them bemone them . but to my businesse : it is not unknowne to you gentlemen , nor to me , though darknesse and the shadow of death have even incompassed me round , what myriads of increasing mischiefes these times have produced in this languishing and almost expiring kingdom , diffencions , wars and blood-sheds , raigning in every place , fellow subjects , like the ancien sword-players , in the roman cirques and amphitheatres , butchering one another merely for their delight in blood , fraternus acies alternaque jura profunis , de certata odiis , may fitly be applyed to the condition of our now distressed countrey , whose soule is , as it were , divided from the body , and itselfe only the carkasse of that england it was formerly . the kings gracious majestie by fatall feares and misconstructions being seperated from the body of the common-wealth , the honourable the high court of parliament ; and if any comfort can arrive to make a man love his misery or take delight in his inthrallment , certainly i have , that my durance was inflicted on mee before this sad and lamentable breach ( which heaven in its great mercy soone knit up ) happened betwixt his majesty and his parliament ; for , had i been at liberty , and injoyed the gracious care of my soveraigne as formerly , surely i had not beene to have had that aspersion cast upon me as the author of this distraction ( such a fatality is alwayes attendent on persons high in the favour of their prince , to have all the misfortunes of the common-wealth inflicted on them , who may be perchance , not onely innocent , but have also indeavoured to have diverted from the state those mischiefs of which they are suspected by some , and by some concluded to have beene the maine incendiaries : and surely i could wish , so my sufferings might have impeached the impetuous current of the klngdomes miseries , that i had undergone a thousand deaths before this dis-junction had falne out betweene the high court of parliament and his majesty , who being , as i am informed , now with you at oxford , and intending there to reside , i thought my selfe ingaged in conscience to intimate my intentions to you , and to give you that counsell , which if any one had given me in my prosperitie , i might , perchance at this instant , not have beene unhappy . i know there are among you divers of great and able soules , take heed , i beseech you , lest you pervert those excellent gifts which god and education hath conferred upon you , by intruding your selves into the affaires of the state , and inverting religion to advance and cherish the present distractions . the king is now amongst you , a good and gracious prince hee is , as ever heaven blest this land with , doe not you any ends whatsoever , increase the number of those malignants , who have given fire to all the cedars of lebanon at once kindled a flame , which in a moment hath almost burn'd up all the glories of this kingdome ; let neither the disgraces cast on the clergie by some factious spirits without the licence or patronage of the parliament , incense you to cherish the distractions betwixt his majesty and that honourable and wise assembly , nor hope of preferment seduce you to it ; for credit me , who hath more experience in such affaires then many of you , though the beginning of proceedings of that nature may in faire and specious outsides court your imaginations , their period will be nothing but confusion and bitternesse to the undertakers , as other sinnes are , which like subtile panthers , display their gorgeous spots to intice the traveller to gaze upon them , till the carelesse wretches are surely in their reach , and then they assault and devoure them . it is ill going betweene the barke and the tree , ( sayes the proverb ) take heed of it ; there is as neere a relation betwixt the king and his parliament , and though they may a while be separated , that violence cannot be long lived ; it will at last conclude in the ruine of those that have caused this seperation , they will be sure to suffer . it cannot be but offences must come , but woe be to them from whom they come ; mischiefes alwayes meet their catastraphes in the destruction of their authors . since then his majesty hath graciously beene pleased to honour your university and city with his royall presence , like good samaritans , indeavour to powre balme and oyle into the wounds of the common-wealth ; labour as much as in you lies , to compose these dissensions : it is your calling to propagate peace as well as the gospell , which is the testimony of peace , given by the king of peace to the children of men ; you may informe his majestie even out of your pulpits , and boldly , that nothing is more perquisit to the duty of a soveraigny than to acquire and advance the good of his subjects , which can no way so well and suddenly be effected as by a faire accommodation of peace betweene his royall selfe and his high court of parliament : and as an incitement to mo●● 〈◊〉 majestie to thinke of it , if such a wretched man as i be not quite lost to his memory , tender this to him as the hum●●● petition of his unfortunate servant , that his goodnesse 〈◊〉 vouchsafe to reflect on my sufferings , who am impossibili●●● by his absence of ever comming to my triall , and so likely to end my dayes in a prison . but this onely as the least motive , because it is for my selfe , but further beseech his highnesse from me , to looke with a compassionate and tender eye on the religion , nobility and commons of this unhappy kingdome , and by a speedy reconciliation with the honourable the high court of parliament at once finish all their miseries . and lastly , pray you signifie to his majestie , that i lay my life downe in all humility at his royall feet , beseeching god day and night for his prosperitie , peace and happinesse , desiring no longer life for any end , but this , to see his majestie , the glory of our israel , returne to his ierusalem , all differences attoned betwixt him and his parliament , which are the continuall prayers of his highnesse humblest servant , and your true friend , w. c. finis . the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered. parker, henry, 1604-1652. this text is an enriched version of the tcp digital transcription a91220 of text r201593 in the english short title catalog (thomason e393_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 58 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91220 wing p400a thomason e393_9 estc r201593 99862092 99862092 114241 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91220) transcribed from: (early english books online ; image set 114241) images scanned from microfilm: (thomason tracts ; 62:e393[9]) the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered. parker, henry, 1604-1652. [2], 30 p. printed for robert bostock, dwelling in pauls church-yard, at the signe of the kings head., london: : 1647. a reply, by henry parker, to: jenkins, david. the cordiall of judge jenkins, for the good people of london. reproduction of the original in the british library. eng jenkins, david, 1582-1663. -cordiall of judge jenkins, for the good people of london. jenkins, david, 1582-1663 -imprisonment -early works to 1800. detention of persons -england -early works to 1800. a91220 r201593 (thomason e393_9). civilwar no the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered.: parker, henry 1647 10571 6 5 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the cordiall of mr. david ienkins : or his reply to h. p. barrester of lincolnes-inne , answered . london : printed for robert bostock , dwelling in pauls church-yard , at the signe of the kings head . 1647. master jenkins his reply answered . in all the papers which m j. weekly almost publishes ( to slander and condemne the parliament of rebellion , perjury , oppression , cozenage , &c. ) his maine artifice , and that which most infects the people , is , his blending and confounding things together , which are in nature different , and by all meanes ought to be discriminated . in three things especially his want of ingenuity is most obvious , and his not distinguishing most advantagious to him . for , first , he puts no difference betwixt that latitude of power which is due to a just just in just things , and when he pursues the true interest of his people ; and that power which consists in doing wrong . and yet nothing is more notorious then this , that the kings of england have vast prerogatives in doing good , but none at all to do any man , much lesse the whole state , harme . secondly , he distinguishes not betwixt those actions of the subject which are done in times of necessity , and upon extraordinary extremities ; and those which are done in ordinary times , when there is no speciall emergent cause to inforce them . thirdly , he compares not the smaller matters of the law with the weightier , but attributes to both alike ; nay , when both 〈◊〉 consist or take place at the same time , he makes the weightier law give way to that which is of lesse consequence , and may be reckoned , inter apices juris . the law will admit of a private mischiefe rather then a publike inconvenience ; as nature will suffer this particular quantity of water contrary to its owne propenfity to be violented and rapt upwards , rather then that any vacuity should be in the universe . but m. j. sometimes will indure publike mischiefe , rather then private inconveniences ; he will rather allow that salus populi shall be opposed , then such or such a branch of prerogative , or the propriety of the subject should be strained . law is not so dull a study as some men would have it , nor are its bounds restrained to the ordinary actions and pleas of j. a nokes and j. a stiles , about a carve of ground , &c. no ; the profession is farre more noble , and as its basis , is reason improved with logick , so its pyramis is policy crowned with history and philosophy . that lawyer therefore that will argue upon this high subject , which m. j. now undertakes , ought to roote himself deeper , before he begins to build up his argument , and to take notice of these premisses : 1. that all men who are qualified , and exalted to beare rule in a spheare above other men , are so dignified and differenced by some commission ; which commission must be granted by man immediately , or else by god extraordinarily , and immediately . 2. that in this age ( which knowes of no oracles , or miracles remaining ) god does not immediately , and otherwise then by the same providence ( as rules in other humane affaires ) either designe the persons , or distinguish the prerogative of any kings or potentate . god is not said more properly to promote to the crowne of england edward the fourth , then henry the sixth ; nor to make a king of france more unlimitable then a king of england : these things are left to men , the same providence of god attending them , as attends other matters . yea , the scripture is most cleare in this , that when god by immediate and extraordinary orders from heaven did interpose in designing saul to the throne of israel , yet he did it by lottery , and did it so , that saul might be said elected , and constituted by the people , as well as designed by god . and indeed since all princes , whether hereditary , or elective , whether more absolute , or more conditionate , whether inthroned by just title , or by tortion , and meere force , have commissions equally from heaven : how can we thinke that heaven acts immediately alike in all ? since cyrus is as well gods anoynted in those provinces which he wins by the sword , as in those which come to him by descent ; and the french king is as truly gods vicegerent now in france , as charles ( whom he has intruded upon ) is in england ; and since the king of spaine , by speciall law of heaven , can claime no larger supremacy in castile , then in burgundy , in naples , then in arragon ; what an unreasonable thing is it , to ascribe all these devolutions of rule , and variations of power to the immediate hand of god , which changes not , rather then to the acts of men , which are seldome permanent ? 3. that if we will suppose that princes commissions are all immediately drawne and signed by god , yet we cannot suppose that gods commission ever inabled any man to do injury ; his charge to all kings is contrary , and does inhibite all insolence in comportment , nay even all elation of heart . and for man , ( so far as princes are inaugurated upon earth ) we see by experience they all almost have their visible terries , and boundaries set to them ; and it were most unnaturall if the intendment of all humane lawes should not referre to the safety of the people . 4. that if any obscurity or ambiguity be in other lawes , yet in the lawes of england there is none at all . all our books proclaime our nation to be a free nation , and our kings to be limited from doing any wrong . and because there may be dispute about the interpretation of these generalls , therefore particulars are deduced out of them , and our lawes do not onely declare us free , but wherein our freedome consists ; nor do they binde the king from wrong but specifie withall , what is wrong to the subject . if the king arbitrarily change our lawes , raise subsidies , impose taxes , imprison our bodies , deny , delay , or sell justice to us ; this is declared to be wrong , and inconsistant with our freedome . and if any question arise about our charters , the king himself cannot interpret , or sit as judge , he is in all cases taken to be a party , and so incompetent to sit as judge . his sworne judges are to do right betwixt him and the subject out of parliament , and the two estates are to do right above the judges , if need be , in parliament . and in case of any perplexity or doubt , the liberty and safety of the people is to be preferred before the prerogative of the king ; and all interpretations must rather favour that interest which is generall , then that which is particular . and for the military power of england , as the king ought not to use any other then the naturall liege people of england in his warres ; so neither can he presse the people of england to serve in his warres at discretion . if the warre be forraigne , or against a forraigne power , the parliament ought to be consulted in it ; but if force be to be used against subiects , that force is to be meerely sub-servient to law , and whether it be to execute ordinary judgements , or to suppresse riots , or insurrections ( how dangerous or great soever ) the sheriffe , and other ordinary officers of justice ought to be imployed in the businesse , and those which are so imployed are to be directed solely by the judges and courts of the land in speeding law , and not at all by any extrajudiciall command of the king in opposition to law : if these things were not so , the king of england could not be restrained from doing wrong , our kings would be above all law , and the law could have no power above them , and if our kings were above lawes , and not restraineable thereby from doing wrong , the people of england were not a free people , but as remedilesse slaves , as the grand signiors vassells are . our lawes provide against servitude in us , but that were vaine if they did not provide also for efficacy in themselves , in so much as lawes , if the king were above them , and so might alter them at pleasure , or interpret them according to his owne sence , or could execute , or not execute at discretion by being sole master of the sword , would be no better then cobwebs to us . by the light which reflects from these fundamentalls premised , we shall now the better view and examine that which mr. jenkins replyes to the eight particulars of h. p. in the first particular the question is , whether the house of commons have power to examine a delinquent or no , mr ienkins holds the negative upon this ground , that they have neither the kings writ , patent , nor commission for it . it was answered , that they did both sit and act by the kings writ , and something greater then the kings writ . mr ienkins not being able to deny that the parliament was summoned by the kings writ , and that it is continued still by an act passed since , onely quarrells at the act of continuance , pretending that the act by which this parliament is continued agrees not with the act passed lately for a trienniall parliament , nor with that for an annuall parliament , passed in edw. the thirds time , as also that it is mischievous , otherwise by protections , priviledges , &c. is not this to quarrell with the king and both houses ? is not this to tell us that mr. ienkins is wiser then all the three estates , though joyned together ? the king , the lords , and commons judged that this act did agree with the other two , yet mr. ienkins judges contrary . the king , the lords , and commons judged the advantage of this act to be greater then any inconveniences , mr. ienkins is of another minde . our bookes have a rule , that no man ought to be wiser then law ; mr. ienkins exempts himselfe out of this rule ; but in the next place , whatsoever the three estates may doe , yet mr. ienkins tells us , that the two houses make no court , nor body corporate , nor parliament without the king , no more then a man remaines a man without a head ; here is the mistake , mr. ienkins thinkes the king is a head to the parliament simpliciter , or phisicè , whereas he is so but secundum quid , or metaphorisè , for if he were such a head to the politick body , as the true head is to the naturall body , the body could have no subsistence without him ; but experience in our case teaches us the contrary , and we can easily calculate that if the whole royall line should be spent , and the crowne escheat sitting a parliament , the lords and commons would remaine a living parliament , and be the supreame power of the kingdome without a king : also if this should happen out of parliament , the lords joyning with the chosen representants of the whole kingdome would be equally as competent ( if not more ) for all acts of majesty , and supreame dominion as now they are in parliament . mr. ienkins must needs also know , that there are some acts of parliament yet of force in this land , which by the lords and commons were carried and consumnated , not onely without but even against the king ; but i forbeare to draw censure upon my selfe by citing them ; and whereas it was objected , that the parliament was in a meaner condition then other inferiour courts , if the kings meere discretion could so make their deliberations voyd and vaine . mr. ienkins replyes , that this is most true and just , for as much as in other courts the king can neither judge nor controle ; but in the court of parliament ( quoad acts ) the king is both judge and controller . and why cannot the king judge and controle in the ordinary courts ? because there they have the kings power committed to them by patent , and as they are sworn to doe right , so the king is sworne not to interrupt or frustrate them . thus : 1 we see the kings patent to a few men is more vigorous , then the most honourable writ of the law is when it is directed from the king to all the peeres , and commons of the land abetted besides with formall statutes . 2 we see an oath taken from the judges is of more valew then the faith and loyalty of the whole people . 3 we see the king by his coronation oath is stronglier obliged not to obstruct justice in private cases ; depending before lower courts , then the generall safety and welfare of the people in that treshault counsell , which is so honourable that none ought to thinke ignobly of it . 4 we must grant , that mr. ienkins can better tell what the law is in this point then both houses . 5 whereas an argument ab inconvenienti was valid in law before , now an argument drawne from the safety and liberty of the whole state , and from the end of all law is made rediculous by mr. ienkins ; for he which grants we are borne to liberty and safety as our right , yet grants no meanes to attaine to that right , nor remedy to recover it , except the kings grace , and even then the grand seigniours subjects have their masters grace and discretion to depend upon as well as we . thus is our state like a goodly ship , exquisitely decord , strongly man'd , and abundantly riggd with all kinde of tackling ; and so built for agility in faire weather , that nothing in that respect can be added to her perfection ; yet still she is so moulded by these kinde of royalists , that the least foule weather over-sets her . we have excellent lawes to secure our proprieties against the crowne ; we have excellent priviledges in parliaments to secure our lawes against the judges , and other ministers of the crowne ; and yet neverthelesse the parliament it self is so discontinuable , dissolvable , and controllable by the crown , that our all which depends upon it , has nothing in the last place , to make it self good to us , but the favour of the crowne . thus may our lawes and priviledges , in which there is acknowledged to be a directive , but no coactive force over the king , be compared to an imaginary mathematicall line in the heavens , but not to any fence or circumvallation upon the earth : well may they informe the king what we ought to injoy , as the lawes of god and nature without them do to all other nations ; but they can never assure us what we shall enjoy . and therefore i wonder why the royalists should so much extoll the rare constitution of this kingdom , when besides some other flowers of the crowne , they ascribe to the king such a negative voyce in parliament , as is sufficient alone to destroy all that is granted us in all things else . but to returne to our reply . 't is maintained next , that whatsoever power is in both houses , yet there is no power in the house of commons to examine at all , because the house of commons cannot administer an oath ; and examination without oath is a meere communication , and rejected as unprofitable in law . one reason why the house of commons cannot examine upon oath , is because it is no court ; and it appeares to be no court , because it has no power of tryall , nor ever practised any such power , by bill , indictment , information , plaints , or originall . and for the lord cookes relation , that the house of commons have imposed fines , and imprisoned men in queene elizabeths time , and since ; he saies these are but late , and a few matters of fact , and à facto ad jus is no good argument . here we see though the greatest plea against the house of commons is the non-user of any such power , yet when the non-user is proved , then 't is objected , that it is but of late times , and illustrated but by a few presidents . a second reason against the house of commons being a court , is because it has neither the kings patent , nor any statute nor common usuage to make it so . the house of lords is acknowledged to be a court of record to many purposes , partly because the king sits there , and partly because there is cleere law for their priviledges ; but the house of commons is excepted against ( as not within these reasons . ) the truth is , both houses are but one court , and one councell , and the time has been when they have both sate in one place together ; and there may be good reason given why they may sit severall and have their priviledges kept distinct ; and why the lords should be more active in some matters of judgement , where the whole commonalties interest is not touched : but this is no proofe , that what the lords act by themselves , receives no influence from the house of commons ; or that the house of peeres is of more value in the eye of the law , or has any greater jurisdiction by the law , then the representative body of the whole state . as for the kings sitting in the house of lords , there is but little moment in that , in regard that he sits not there to judge , or to debate , but onely to propose and consent . and there is no law to debarre him from the like in the commons house ; and so it was when both houses sate together , and still is when they meet together . and secondly , whereas some patent , statute , or usage , is demanded from the house of commons , in maintenance of their judiciall power , this we say is unreasonable : nay , if any patent , statute , or usage , could be produced for preferrence of the peerage before all the knights , gentlemen , and commons of england in this point ; that were rather to be rejected , as most unjust and unnaturall . a third reason is brought against the house of commons out of the writ of summons , forasmuch as in that writ , the king resolves , consults , and treats with his peeres , super ardua regni , but the commons are called ad faciendum & consentiendum in iis quae ibidem de communi concilio ordinari contigerint . these words of the writ , though they are generall , and in some things ambigious , yet they are no more disadvantagious to the commons , then to the lords or king . but if words are to be interpreted by the practise of parliaments , and by the tenour of all our other lawes , we shall finde that the kings part is to propose and consent , but not to debate ; that the lords part is to propose , debate , and consent in some things , but not in all : that the commons part is to propose debate , and consent in all . and this appeares by the raising of treasure , the grand concernment of the kingdom , called justly , ornamentum pacis & firmamentum belli and in this , though the king and lords may propose & consent , yet none but the commons may propose , debate , and consent . from reasoning mr jenkins now betakes himself to rayling , and tells both lords and commons , that whatsoever their writ meant , they act now quite contrary ; for by their writ they were required to treat and consult with the king , concerning the king , the defence of the kingdome , and the church ; whereas they first imprison the king , next arme the kingdome for themselves against the king , and lastly demolish the church by abolishing bishops , deanes , &c. for the first , the king left them unconstrained , and deserted westminster , whether they were summoned to attend him , and after tooke armes to dissolve them ; but those armes being now broken , the parliament keepes him from raising new broyles , but so farre are they from refusing to treat with him , that they prepare propositions for him , and reject no messages or letters that come from him ; neither is the kings restraint properly to be called imprisonment being much different therefrom , both for the manner and for the end of it ; the manner of it is ingenuous , and accompanied with many accommodations , which thousands of other free-men , nay gentlemen of england cannot attaine too ; and for his attendants , they are truly his servants , and as observant in all offices compatible with the peace of the kingdome as ever he had any . the end of his restraint also is not to incommodate him in any degree , there is nothing aymed at in it but to preserve the kingdome from new disturbance , till he appeares fully reconciled , and to preserve him from drawing prejudice upon himselfe . for the second , since 't is not for the kingdoms damage , nor the kings , that future commotions be supprest ; the lords and commons could no way better satisfie the intent of their summons , then by suppressing commotions by the same posture of defence as they now are in . i could wish also , that mr. ienkins would understand , that as the kingdome is called the kings , so the king is called the kingdoms ; and that propriety which the kingdome has in the king , is more tenderly to be expounded then that which the king has in the kingdome . for the third , that the word church should onely be applyed to church-men , or the word church-men to bishops , deanes , &c. is more then the law teaches : and if the businesse be studdied well 't will not be found a thing impossible , as master ienkins supposes for the parliament to abolish bishops , deanes , &c. and yet to advance church-men , or to take away some of the excessive grandour of church-men without any destruction to the church . 2 thus much of mr. ienkins reply to the first particular , i come now to his second , where he takes it ill , that in cases of pardons the king should be thought to be vertually in the two houses , for as much as that power he sayes remaines solely in the king , and therefore cannot rest at all in the two houses . that the power of pardoning delinquents is so in the king solely , as that he cannot derive the same to the parliament as he does his other power is not proved by mr. ienkins , nor can it be possibly proved , and that the king does not derive the same ( as he does his other ) is as farre from being proved also ; for doubtlesse in all acts of oblivion , the two houses convey an additionall vigor , and so make the acts more vertuous then the kings meere act could doe , and therefore this new vigour which is conveyed by the houses , if it be not that which is derived from the king , as mr. ienkins tenets deny , then it flowes naturally and originally from the two houses ; and what can mr. ienkins cause gaine by this ? but sayes mr. ienkin , the king is a prisoner , and so having no power but what is divested by his imprisonment , the power of the houses is usurped by themselves , and not derived by the king . the block which mr. ienkens here stumbles at is this ; he thinkes an imprisoned king has no power at all , or remaines indeed no king , but this is not absolutely true of all kings imprisoned , for as our case is , either imprisonment is something more then that which our king suffers , or else imprisonment as to some acts may stand with freedome as to other acts. i have toucht upon this subject already . but let master ienkins bee as bitter as he pleases in his censures and reproaches , 't is not intended by the two houses that the king should be disabled from doing any acts of justice and piety , 't is only from raising new forces , and begetting new concussions , that this new guard desires to prevent him . master ienkins next sayes , that the king may revoke and discharge his commissions at pleasure , but what of this ? the question is , whether or no the king may frustrate and elude his commissions ; and this master ienkins speakes not directly to . wee need not quarrell therefore further about this , we will grant to master ienkins that parliaments may be justly determined and dissolved by our king , provided he will grant to us that the same may be justly frustrated or eluded . but master ienkins stomacks much at our calling the two houses a parliament , and censures it in us as a great delusion , although we know well that nothing is more common in speech , then to say that the king cals his parliaments , writes to his parliaments , dissolves his parliaments , &c. the king must be taken abstracted from that which he cals , writes to , and dissolves , or else wee must consider him calling himselfe , writing to himself , dissolving himselfe , which cannot be without absurdity . besides , when we speake of the great councell of the kingdome , we meane the parliament abstracted from the king , forasmuch as the king in parliament does not so properly give as receive counsell , and why we may not aswell call the two houses a parliament , as the great councell , treshault court , or mickle-gemot of the king and kingdome , i cannot devise . the law sayes the king cannot be absent from his parliaament ; this must be meant authoritatively , not personally , for divers of our kings have been in france sitting parliaments here , and yet even they were politically present , though physically absent , as master ienkins himselfe must needs grant . now if the parliament be the kings court or councell , and such a court or councell as he cannot virtually bee absent from , though in person he be often distant , and at some time must not be otherwise , how can it be maintained by master ienkins that the two houses are not the parliament ? another objection of master ienkins against the two houses is , that they were deserted by divers of their own members , who in considerable numbers went to the king at oxford ; but this is no other objection then might be made against the husband , when the wife elopes and withdraws from his bed , shall that party which remaines constant , and attends duly at the place assigned in the summons for transacting of that businesse which was specified in the summons , suffer for that parties sake which proved inconstant , and neither observed the place nor businesse of the writ by which it was convened ? sure this is most unreasonable ; doubtlesse when the king cald these uncertaine members mungrels , who together with their whole faction would neither be cordially true to religion and liberty at london , nor totally consent to subvert them at oxford , hee had more reason on his side then master ienkins has , who disparages those that kept their stations because of the defection of their mungrell brethren . in the last place master ienkins though he confesses that the common law did alwayes restrain our kings from all tallages & subsidies but by consent in parliament , as doth appeare by magna charta ; yet he sayes this is no consequence , because the king cannot take the subjects good at pleasure , therefore the commons have a concurrent power with the king in parliament ; indeed this consequence is ill-framed , but in its right forme it appears thus ; if the commons in parliament have that great power to raise treasure out of the whole kingdome , which the king has not our of parliament , then they must deduce this power from themselves , or those whom they represent , and not from the king , who cannot give that which he has not in himselfe ; but so it is that the commons have this power , ergo . if mr. ienkins will answer this hee shall befriend my intellect . the last objection which master ienkins makes against this concurrent power of the commons in granting subsidies is this , that parliaments may be held , and be complete parliaments without subsidies , and hereupon he tels us that former parliaments rarely granted any unlesse in time of forrain-warres ; and q. eliz. refused a subsidie granted , & k. ia. in his first year had none granted him . is there any solidity in this objection ? i appeal to all ingenuous men , parliaments may be without subsidies , ergo the granting of subsidies is no act of power in parliaments ; or thus , giving of subsidies is an act of power in parl. but since at some-time it may be difused and intermitted , or a power that at some-times is not reduced into acts , therefore it is no power , or not inherent in the people , but onely derivative from the king . let master ienkins apply his owne words to himselfe here , for certainly hee ought to make a conscience of blinding the people with such untrue colours to the ruine of king and kingdome . 3. the third particular now offers it sel●●●n order , and here master ienkins his reply ought to prove that if the two houses had a parliamentary power in themselves , they needed not send propositions to the king , but instead of opposing this ( which was the only thing made good by his answerer ) he diverts his force to oppose the equity and justice of the propositions sent to his majesty . this is not to reply to his answerer , but to satisfie his owne peevish disposition ; yet since hee may abuse the people aswell when he railes as when he argues something must be returned in answer to him . after he has magisterially condemn'd the propositions in general as being contrary to law , he vouchsafes at last thus particularly to interrogate us : have the two houses a strict right to lay upon the people what taxes they judge meet , have they power to pardon all treasons , &c. subintelligitur without the kings consent ? we answer they have not any such ordinary power ; but if the kingdomes safety lye upon it , and the king will not concurre in saving the kingdome in an ordinary way , they may have recourse to extraordinary meanes for the saving of it ordinarily the people may not take up armes , but in case of extraordinary invasion by forrain or domestick force they may justifie taking up of arms , and when war it selfe is justifiable , all the necessary concomitants and expedients of a politick war are justifiable . nature has confined water to a descending course , yet not by such a rigid law , but that for the necessary subvention of the whole fabrick , and for the avoiding of that vacuity which nature more abhors then the dispensation , or temporary suspension of such , or such a particular inferiour law , this ponderous element may forsake its ordinary course , and mount upwards . in a village where houses stand scatter'd and remote , 't is not lawfull for me to demolish this house , because that which stands next it is all of a flame , but in a citie this is lawfull where the houses are so conjoyned , that the flame of one house may extend it selfe to the consuming or indangering of a whole street or more . it is not generally lawfull for me to judge my neighbour unheard , or to execute my neighbour unjudged : yet if i find my neighbour ingaged in such a treason as faulx was , and ready with his match to give fire to such a traine of powder as he had layd , and have no other meanes to prevent him , i may runne upon him with my sword , and make my selfe both his judge and executioner . now if master ienkins will say , that such extraordinary acts as these are warranted by law , i shall cōply with him , yet i conceive t is not upon any particular law , but upon the generall law of publick safetie that these warrants are grounded upon ; & if i am not mistaken , t is rather policy , then law , that admits of such strange deviations from the common practice and rule of law . but sayes master ienkins , these propositions cannot passe into statutes but by the kings concurrence , and has not the king a free power to assent , or dissent in those things which must receive their being from his concurrence ? or is the seeking of the kings concurrence nothing but a meer complement ? we answer , the king has a power to assent and dissent : yet without any impeachment of his libertie , he may , nay he must , assent to such bills as are for the publicke good , and to dissent from such as are tending to the publicke detriment ; the reason is , because the free choice of the king is to receive its determination from without from the matter of the bills , not from within , or from the propension of his owne will : for the will injoyes a more perfect libertie when it is attracted , and as it were necessitated by that object which is good , then when it is left to its owne equilibrious motions , and so wavers indifferently betwixt good and evill . if it be said , that in the choice of that which is good , the king cannot so well satisfie his own judgement by the advise or reason of other men , as by that which is dictated to him by his owne breast : it must be answered , first , in the grand concernments of the kingdome , wherein the king has not so great a share as the people has , t is more just that the reason of two estates be satisfied , then his . secondly , in cases where the king is severally interessed , his particular interests ought to succumbe and give a preference to the generall . thirdly , either the matter in debate is intricate , and admits of doubts , or not ; if there be doubt in it , then the king ought not to oppose his single judgement , or rather opinion to the resolution of the highest court and councell of the kingdome : if there be no doubt in it , ( an accident sure very rare , that the lords and representants of a whole state should judge a thing to be advantagious , when the king knowes it certainly to be disadvantagious ) then the king is to consider whither the matter in question be necessary or expedient , if it be expedient onely , then the king ought not to contest about it , forasmuch as that contestation may be more inexpedient for the state then his concession . but if it be necessary ( as the cause of true religion , &c. ) where the king being orthodox , knowes his subjects to be blinded with idolatry or heresie , and cannot without sin give his royall assent to such irreligious bills , as they present ; then as it were impious in him to signe them , so it is outragious in him to disturbe the publicke peace about them . the reason of this is , because polititians guide themselves rather by the calculation of what is probable then what is possible onely , and therefore though it be possible that a king with one eye should see more then a parliament with many , yet since this is not probable , there is scarce any state but chuses rather to be swayd by the counsells of many then by the counsell of one , and where the counsell of one claimes a prevalence above the counsells of many , 't is not obey'd without great reluctance commonly , and publicke disturbance . besides , if one mans eyes perchance see more then the eyes of many ( as is very rare , though not impossible ) yet t is very strange that that one mans discovery should not open the eyes of other standers by without force , in respect that light is a thing lovely to all , and ready to be imbraced upon the least glimpse of it , and a very little thereof being let in through a narrow cranny , may make all that is contained in a very wide roome visible . and if one man possibly in things indifferent should see more then many , yet t is very neere to an impossibilitie , that one man should apprehend truth more then many , where that one man has more prejudice against the truth by selfe-interests , then the many . and who can doubt , but that princes , as princes , are more drawne by the by as of selfe-interests against that which is the good of the communitie , then that court which is not onely by the vertue of representation , but even naturally also in some degree the communitie it selfe ? the root sends juice and nourishment to the branches , but expects none backe from them ; and the fathers love has a strong ascent towards the fruit of his body , but weake and virtulesse is the descent of that juice which falls from the branches to the root , or of that love which the sonne refunds upon his progenitors ; and even so it is in the relative offices of prince and subject , the prince lookes lesse tenderly upon the people as being his root or parent , whilst yet the people lookes more tenderly upon the prince , as its owne stemme and issue . hence it is , that all states are accounted more or lesse slavish , as their princes are more or lesse arbitrary in their supreme counsells ; and all men are accounted more or lesse miserable , as they are more or lesse slavish . what became of rome , and of the whole world that was subject to rome , after it was once yoked by the caesars , who might arbitrarily wave the advice of the senate , & consult with slaves , eunuchs , women , panders , &c. or what brought us to all our late bloody catastrophes , but the discountenance and detestation of parliaments ? aske the lord digby himselfe , and even his speeches made in parliament since november 1640. will informe us , that there were many causes of our miseries , but the cause of all those causes was the abandoning and disgusting of parliaments : sure the lord digby may passe as an authentick testimony for our side , and yet even the lord digby , before he turn'd courtier , had the ingenuitie to resent this kingdomes servilitie , when a woman of a false religion , hostile nation , and adverse affection , together with her jesuiticall traine , had more predominance in our publicke affaires then the two estates assembled in parliament . but master ienkins will still say , that the king is assisted with his judges , and other counsell both spirituall and temporall , and that the house of commons in some debates may be divided unto two or three oddes voyces ; and therefore why may not the king so assisted be better advised then those two or three oddes voyces ? this is an old objection , and seemes plausible , but is easily answered : for 1. it is very unequall that a few counsellours whom the king chuses should be preferr'd before many whom the kingdom chuses , in those matters which import the kingdome , more then the king. 2. if the kings councell in the house of peers were equally to be valued with the house of commons , yet still so long as it is left arbitrary to the king to follow their advice , or not , the kingdome is in the condition as turky is , where the grand signior is left onely to consult with himselfe or any of his concubines or eunuchs . and lastly , there can be no lower or baser degree of slavery imagin'd , then for a nation to be subjected to a lord that is so absolute in the highest results of state , as that he may use no counsell , or make choyce of what counsell he pleases . 4. i hast now to the fourth particular , where m. ienkins affirmes againe , that the two houses do separate the kings power from his person as the spencers did , and from thence frame the same three condemned conclusions as they did . the separation of his person from his power is proved , partly by imprisonment of his person , and partly by usurping all his power ; for m. ienkins tells us , that the two houses counterfeit a seale of their owne ▪ and thereby seal writs , make judges , settle courts , and this is done contrary to the kings consent , not declared only by letters , ministers , and word of mouth , but by his true great seale of england . it is here , 1. to be noted , that m. ienkins himselfe does now distinguish betwixt that which the king declares by word of mouth personally ; and by letters and ministers extrajudicially ; and that which he declares legally by his writs , and judicially by the great seale : and this is a plaine concession , that the kings person may urge one thing , and his office another ; that his personall command may be unjust and not to be obeyed , at the same time that his regall command may be just , and necessarily must exact obedience . it is to be noted 2. that the reason alledged , why the kings commands in this warre are legall and just , not personall and unjust , is , because they were authoriz'd and fortified with the true great seale : and what is this but to proclaime , 1. that the great seale of england is solely at the kings dispose , to be imployed according to his meere discretion : 2. that the meer annexion of the great seal makes any act of the kings legall and authenticall : 3. that m. ienkins is better able to judge of the two great seales which is the true one , then the two houses of parliament ? when m. ienkins will be as learned in proving , as he is audacious in presuming , these new quaint poynts , we shall know what to answer ; in the meane time we will expatiate no further then his discourse leades us . as for imprisoment of the kings person , we have answer'd to that already , and forasmuch as the keeping chaplaines from him is objected , we answer thereunto , that not chaplaines , but such and such chaplaines , viz. such as the state judges incendiaries , are deny'd , and there is no more injustice in restraining such incendiaries then in restraining commanders and armes . now to parallell the houses with the spencers , m. ienkins sayes , that they having declared his majestie to have broken his trust touching the government of his people , they have raysed armes to take him , they have taken and imprison'd him , they governe themselves , they make lawes , impose taxes , make judges , sheriffs , and take upon them omnia insignia majestatis ; and is not this sayes , he to remove the king for misdemeanours , to reforme per aspertee , to governe in aide of him , the three conclusions of the spencers ? m. ienkins here , as if he had abjured all ingenuitie , confounds diverse things which he knowes to be exceeding different in nature . for 1. he takes no notice whether the force which has bin used by the parliament be offensive , or defensive ; and yet none can be ignorant , how many things may be justified in a defendant which cannot by the offendant . 2. he distinguishes not betwixt that force of the defendant , which aimes only at a temporary securance against the assaylant , & that which proposes to it self vindication or reparation by the total removall , or destruction of the assaylant . he knows well , that the spencers aimed at a totall dethronization of their master , whilst the parliament aimes at nothing but beating down that sword which was drawn against them . 2. that the spencers intended to levy offensive arms , for reforming that in their master per aspertee , which was not so dangerous to their persons and lives , as that which has bin contrived and enterprised against this parliament , for not onely a partie of 300 armed men to seize and teare five principall members out of the house , ( and by consequence to menace all that retained any freedome in them ) but armies were solicited to attempt against this parliament before they thought of any force ; and this is far above those provocations which were pretended by the two spencers . 3. the spencers , by pretext of governing in aide of the king , intended to oppresse all the nobility , gentry , communaltie of the land , but this is impossible to be suspected in a parliament , which consists of the choice , and are a considerable part of all these . 5. the 5. particular now offers it selfe , wherein mr. ienkins maintaines that every king of england , and only the king in england can grant pardons , and that in all cases , and for this he cites stanfords pleas 99. it was not , nor is denied to m. ienkins that the kings of england have power to pardon delinquencies , so farre as themselves are parties suffering . but the question is whether the kings of england onely can , and alwayes can pardon delinquencies ; and whatsoever master ienkins thinkes , the authorities of stanford and dier are not full to prove the affirmative ; and certainly if it were proprium quarto modo for the kings of england to pardon in all cases , it were very unproper for generall acts of indemnity to be passed by all three estates , frustra fit per plura , quod fieri potest per pauciora ; if one of the estates be sufficient ; to what purpose doe the other 2 concurre ? secondly , all remedy by appeale would be cut off from subjects . for either my appeale must make void the kings pardon , or if the kings pardon be not void in this case , and as to this murder committed , my appeale must be dismissed . it had been candid in mr. ienkins if he would have replied some thing to this objection about appeales , for now it may be supposed he replied nothing therein , because he could reply nothing to the purpose ; besides , if the kings pardon cannot frustrat my appeale ( as mr. ienkins knowes well it cannot ) why should the same destroy the remedy and justice that is due to a whole state ? treason may be committed against the state aswell as against the king , even as murder may damnifie me aswell as the king , and shall it be held lesse contrary to justice that the state should be deprived of its remedy by the kings pardon , then that i should ? good mr. ienkins policy is not to be superseded by law , but law is to be improved by policie : and as in quiet times and private cases 't is safer to follow law then policy , so in times of troubles , and in affairs of generall and great concernment , 't is safer to observe policy then law . the same may be said of not pardoning , for doubtlesse the king has as much latitude to refuse , as to grant pardon , yet when his power in either may be mischievous , his power in both must submit to reason of state , and law is not violated , but better improved when true reason of state takes place above it . 6. i am now to proceed to the sixth particular , where mr. ienkins will not indure that the king shall be said to retain the right or habit of governing , at the same time when he is said not to be actually in a condition to govern ; he intimates that the law makes no such distinction , & infers ubi lex non distinguit , non est distinguendum : by this it should seem it is not allowable that a lawyer should make use of any distinctions , for which he has not some book authority , though the difference of things be never so pregnant . a miserable confinement to lawyers , and sure 4 or 500 years past if lawyers had been so confined , wee had now left us no prints of any distinctions at all . all other schollars besides lawyers , nay all lawyers that are not meer lawyers , ( i meane by meer lawyers , such as have made no improvement of their reason by logick , policie , and other humane literature ) are of a contrary opinion , and hold it more true , qui bene distinguit , bene docet . but what a ridiculous thing is this , because hen. 6. lying in his cradle not able to speak , write , read , or do any act of power , has a right to governe , therefore i must grant hee is in a condition to govern , for feare of distinguishing when the law does not distinguish ? so of edw. 2. and ri. 2. because they had a right to the crown , in that moment of time when they abdicated the same , and pronounced themselves unfit to governe , therefore i am obliged to believe that they were not abdicated nor made unfit for government . next mr. ienkins likes not this distinction that the king is not barred simply from returning to his parliament though he be barred secundum quid , that is from returning unreconciled or armed against his parliament , hee professes that he and the whole city knowes the contrary ; how the city should know the parliaments intentions so exquisitly , or m. ienkins be assur'd of the cities knowledge so infallably i cannot imagine ; but i wish m. ienkins which takes upon him to be a priest as well as a lawyer by vertue of iustinians commission , were such a priest indeed , as that we might expect nothing but knowledge and truth from his lips . 7. the seventh particular comes now in order , where m. ienkins puts us in minde of the oath of supremacy , taken by all members of the house at their first sitting , and askes h. p. why he stiles the king supreme governour in all all causes and over all persons , &c. and leaves out onely supreme ? surely not to detract any thing from the kings celsitude , but because the word seemed superfluous ; for he that swears the king to be supreme over all persons , sweares him to bee only supreme over all persons , inasmuch as there cannot be more supreme persons over all then one ; but away with these frivolous logomachies . the argument runs thus , if the king be only supreme governour in all causes , then in parliament causes , if over all persons , then over both houses , and if so , then how is he become a prisoner , and how doe the houses act by vertue of their prisoners writ ? it was answered before that the king is granted to be supreme or only supreme over all persons , but yet still {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and not beyond the law , nor beyond that community for which and by which the laws themselves were made . the duke of venice ( the like may be said also of all elective conditionate kings and potentates ) has no person in any cause whatsoever superior , or equall to him : yet he has his bounds set him by the law ; and as the law is above him whom it bounds , so that power which can make , and alter law in venice , is above the law it selfe . m. ienkins himselfe confesses that the king is not above the law , nor above the safety of the people ; but in regard that the king is supreme in all causes , aswell parliamentary as other , and over all persons , aswell the lords and commons in parliament as others , m. ienkins supposes there is no other judge of the law , & safety of the people but the k. but this is not to be admitted by us , because we know wel that whosoever is the supreme judge of the law , if not directly , yet he is consequentially above all laws , and whosoever is above all law cannot bee restrained by the safety of the people , though the most sublime of all laws . wherfore if this be admitted true of our king , that he is supreme judge of law , then it must follow that the subject of england has no more assurance of law or safety then what is founded onely in the kings breast , and discretion . for the kings being a prisoner that has been already answered , and indeed it is is more truly said that his hands are held and disweapond , then that his feet are fetterd , or his head undiademnd . then for the parliaments acting by the kings writ , there ought to bee some mistakes cleered therein also ; for we doe grant that the writ is the kings , the great seale is the kings , that officer which has the custodie thereof is the kings , the people are the kings ; but we doe not grant that any of these are so the kings , as that they are not the kingdomes also in a more eminent degree : for as the husband is the wifes truly , but not 〈◊〉 eminently as the wife is the husbands , so the kingdome is the kings , and the king is the kingdomes , yet the kingdomes interest and relation far is more valuable and sublime . 8. the last particular now offers it selfe in the close of all , and here m. ienkins does not deny expresly that many things may be good in law notwithstanding that some formalities , or those things which we terme apices iuris are wanting ; for doubtlesse where 2 laws are and both cannot be fulfilled , the lesse important law though it be more particular must give way to the more important law , though more generall . ex . gr. when the king dies , by the common law in force , parl. cease , all judges , sheriffs & officers not absolutely necessary &c. return to a private condition , and so remaine till new commissions obtained : but if the new king happen to be beyond sea , as at the death of hen. 3. so that new commissions cannot be immediatly granted , and thereupon the greater law of publick safety is brought into competition with the law of an inferiour nature , a new seal may be made , new judges , new officers may be created , and either a former parl. may be continued , or a new one sūmond , and all necessary points of complete administration may bee expedited as in probality they were before the arrivall of ed. 1. god did not make any particular dispensation his shew-bread might be eaten by common persons if in distresse , or the golden vessells of his temple aliend when the city was to be redeemed from the insolence and rapines of a prevailing . enemy , the generall law of necessity was sufficient to warrant both the one and the other , but i will presse this no further since m. ienkins alledges nothing to shew why a parl. which cannot deliver it selfe by an act , may not use meanes to deliver it selfe by an ordinance . i will not insist further hereupon . but instead of disputing , m. ienkins seems to jeere 〈◊〉 for setting up excise , raising armes , taxing the people , imprisoning the king , abolishing the common prayer book , selling church-lands , &c. and in an irony he concludes , that all these are in order to publick justice and safetie . m. ienkins here leaves us upon uncertainties , whether he condemnes our cause because it required such props , or onely these props because they assisted us in promoting so bad a cause . if he allow of the ends , but not of the meanes , if he allow we may defend the lawes and safetie of the state , but not by armes , or if he allow of armes but not of taxes , &c. he must renounce ▪ rule naturall as well as logicall , qui dat finem , dat media con●● centia ad finem ; if he allow of the meanes , but not as conducting to such an end , upon presumption that our lawes , and the sc●● were not indanger'd , or if he prove that they may not be defended , he takes upon him more then is due ; for his part is to plead , not to judge , and answers might be given to his pleading , but nothing can be said to his judging . i conclude therefore with the l. cookes sensure of treason as m. ienkins does , and am of the same opinion , that treason ever produces fatall and finall destruction to the offendor , and never attaines to its desired ends ; and wish that all men for this cause would serve god , honour the king , and have no company with the seditious . yet let me adde this , we have neighbours now in the netherlands , that lately have revolted from their master , and yet prosper and flourish beyond all in europe ; the justice of their revolt may be questioned by some ▪ but i for divers reasons do not question it , & one amongst the rest is this of the l. cookes , because i think an act meerly treasonable cannot prosper . finis . the lawes subversion: or, sir john maynards case truly stated being a perfect relation of the manner of his imprisonment upon pleasure, for the space of five moneths by the house of commons, and of the impeachment of high treason exhibited against him before the lords, together with all the passages between him and the lords, in messages to them, and speeches at their barre, as they were taken from his own mouth. vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties, and of the arbitrary government now introduced by an aspiring faction over-awing the parliament. also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted, to the shame of the reporters. by j. howldin, gent. wildman, john, sir, 1621?-1693. this text is an enriched version of the tcp digital transcription a66022 of text r204812 in the english short title catalog (wing w2169a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 100 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a66022 wing w2169a estc r204812 99834954 99834954 39605 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66022) transcribed from: (early english books online ; image set 39605) images scanned from microfilm: (early english books, 1641-1700 ; 2023:17) the lawes subversion: or, sir john maynards case truly stated being a perfect relation of the manner of his imprisonment upon pleasure, for the space of five moneths by the house of commons, and of the impeachment of high treason exhibited against him before the lords, together with all the passages between him and the lords, in messages to them, and speeches at their barre, as they were taken from his own mouth. vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties, and of the arbitrary government now introduced by an aspiring faction over-awing the parliament. also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted, to the shame of the reporters. by j. howldin, gent. wildman, john, sir, 1621?-1693. [2], 38 p. printed for ja. hornish, [london] : 1648. j. howldin = sir john wildman. place of publication from wing. annotation on thomason copy: "march 6th 1647"; the 8 in imprint date is crossed out and replaced with a 7. reproduction of the originals in the british library and the bodleian library. eng maynard, john, -sir, 1602-1690 -imprisonment -early works to 1800. civil rights -england -sources -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a66022 r204812 (wing w2169a). civilwar no the lawes subversion: or, sir john maynards case truly stated. being a perfect relation of the manner of his imprisonment upon pleasure, for wildman, john, sir 1648 17304 1859 0 0 0 0 0 1074 f the rate of 1074 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2006-10 tcp assigned for keying and markup 2006-11 apex covantage keyed and coded from proquest page images 2007-01 john latta sampled and proofread 2007-01 john latta text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the lawes subversion or , sir john maynards case truly stated . being a perfect relation of the man 〈…〉 s imprisonment upon pleasure , for the space of 〈◊〉 moneths by the house of commons , and of the impeachment of high treason exhibited against him before the lords , together with all the passages between him and the lords , in messages to them , and speeches at their barre , as they were taken from his own mouth . vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties , and of the arbitrary government now introduced by an aspiring faction over-awing the parliament . also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted , to the shame of the reporters . by j. howldin , gent. printed for ja. hornish . 1648. sir john maynards case truly stated . much admired aristotle ( tutor to the greatest emperour alexander the great ) was of opinion , that the lawes , a not kings , princes , or magistrates , be they one or more or never so good ▪ ought to be sole ●ords or rulurs of the common-wealth , and that princes and governours ought to governe by the lawes , and can●ot co●mand what the lawes do not command , and ●n his judgement those who command that the law should rule , command th●t god should rule but he that commands a man to be a prince , i. e. to be an absolute ruler , commands that ●●th a man and beast should be prince● ▪ for 〈…〉 and the lust of the mind are br●tish affect●ons 〈…〉 b●th mag●strates and the very best of me● , out the law●● a constant a●d quiet mind , and reason , ●o●d of all 〈…〉 and desire : answerable to this opinion have 〈…〉 proceeded in their first constitution of their governm●●●● ▪ pelitius saith , that kingdomes b were first erected and 〈◊〉 on the worthiest men by the free voluntary joynt ●●●sent of the people , and founded a●d co●fi●med be customes and lawes of each country , a●d th●●efo●e they o●l●ged their king to conforme their government unto the law●s established ; so dioderus si●ulus testifies of the egyptians , that their kings c were bound to conforme the regiment of their kingdomes and their lives and families to the lawes establ●shed , and were obnoxious to sensures in case of defaults , and zeneph●● testifies the same of the lacedemontans , and d licurgu● being little lesse then an oracle in his time , took an oath every moneth to govern the kingdome according to the lawes ●nacted , and m. t. cicero informes us of the famous romane state , that the people gave lawes to all their magistrates , by which they should order their government , thus much may be deduced from these words , imperium in magistratibus , authoritatem in s●●at● , e potestatent in plebe , majestatem in populo , command was in the magistrates , authority in the senate , power in the men●all people , and majesty in the people in generall , so livy hath these words frequently , 〈◊〉 decre●●● , populus jussit , the senate hath decreed the people commanded , and whoever hath leisure to read purc●● pilgrimage and voyages , peter martyrs jud. hist. boemus de m●ribus gentium , strabo , and such other histories , shall find that the athenians , persians , corinthians , medes , and germanes , swe●es , d●nes , &c. prescribed to all their governours , lawes and rules whereb● to govern and reserved to themselves soveraigne power to prescribe farther lawes and limits to their kings and m●gistrates , and to call them to a publike accompt for their off●●ces and misgovernment , and thus a●drew horne f an ancient lawyer informes us , that when the forty saxon princes , which for some time r●led this nation , chose to themselves a king , they made him sweare at his ●n●●garation , that he should govern the people by rules of law without regard to the person of any , and that he should be obedient to suffer right as well as any of the people , and at the coronation of kings unto this day there is an oath appointed wherein they s●eare g to keep the lawes and customes then established , and to grant and defend all such rightfull lawes as the commons of the realme shall choose . and without controversie this concurrent practise of the nations in obliging all magistrates to govern by lawes only , was founded upon impreg●●ble reason and equity . every nation is but a rude ind●gested , chaos a deformed lump untill lawes or rules of government be established , lawes are the vi● plistica or formatrix that formes the principall vitalls , the heart , the bra●ne , the liver of the common-wealth , as it is such the law●s of every people puts the difference ( as to them ) between things judicial● , just and unju●● , good and evill , the lawes are the only measure and boundary of every mans right , interest and property , without such rules of government every mans right to any thing is equall , and every mans t●tle to magistracy or rule r●ns parallel with other , therefore when the lawes of a people are destroyed , and magistrates exercise dominion over them , as being loose and absolved from all lawes or rules of government , and obnoxious to no censures , then all things returne to confusion , and every mans depraved will become● a law to himselfe , and as many as he can subdue by his sword , then iust , envy , malice , covetousnesse and ambition supply the place of law , and most men must be subject to their dictates and decisions , th●● faction , and private interest , exalt and abase , destroy and save alive at their pleasures , then distractions , commotions and bloody massacres overspead the face of a people , and no security remaines to the estates , liberties or lives of the people , more then to the wild beasts of the forrest . now what pu●blind eye cannot discerne englands fa●e in this glasse , are not our lawes subverted and turned into arbitrary decrees and resolutions , every day rising and every day withering like m●shromes , and are we not governed by those who conceive themselves absolved from all lawes or rules of government , ●●a are we not governed jure vago & inc●●●● , by a leaden 〈◊〉 rule , to which we cannot square our obedience , but in●st writ untill the grandees that guide the legislative power , measure our actions for us , or apply the rule , m●● we not complaine with the french-men in lewis the eleventh ▪ tim●s that will is law , and law is will , what is now more common then a transgression without a law , an accusation without an accuser , and imprisonment without a cause rendered , a sentence without a legall judge , and ● condemnation without a legall hearing or triall ; who can promise himse●fe the least safety either in his life o●● liberty , unles●e h●s mind and conscience be ta●quam 〈…〉 ? as a pure table wherein the prevailing faction may freely engrave the determinations of their wills . i shall not for present endanger the readers ey●s with an uncessant e●●iux of brinish tea●●s by relating many of the do●efull tragedies really acted upon our libert●s ; i shall ooe●● give you an impartiall narrative of sir iohn maynards ca●e , and of the wounds which our liberties have received there●● . and least any shou●d view his case with an e●● whose pure christal line humour is vi●●at●● with prejud●●● , i. ●●me give you a character of the gentleman . 1. sir iohn was bred a courtier , and had ●● least the favourable aspect , to say no more , of king iames and the present king charles ▪ yet his priv●te ingagements to the court and his interest there , was to more to h●m when the interest of his countrey stood in comp●tition with the courts , then the 〈◊〉 wyths 10 sampson ▪ he appeared with undaunted courage with the first that arose to vindicate the parliaments and the peoples cause , be lent ●10 . pound upon the first propositions . 2. as he began with the first , so he persevered without w●vering when the parliament was in its most despicable condition , and their army at the lowest ebbe , when the army was new moulded , and sir thomas fairfax elected general● his endeavours to promote that designe were eminent , he lent 1000. l. and procured 3000. l. more by his influence upon his friends towards that 8000. l. which necessity then required . ● . for his demea● our in parliament , there is a cloud of witnesses , that according to the dictates of his cons●●ence , his endeavours for common justice were eminent , but above all he was exemplary in opposing the members mutuall gifts each to other out of the publike treasury , be often inculcated that it was illegall that f●ofees in trust for the people as the● were , should dispose of the publike treasury amongst themselves , and that it was contrary to their declarations , and destr●ctive to the souldiery and the desol●te widdowes and orphans , and that it rendered them infamous , a reproach and scorne amongst all the people and to the adjacent countreyes ▪ if i did not much affect mode●●y in parties which are competitors , i would in large this character . but that which kind led the indignation of l. g. cromwell and commissary gen. iret●n against sir iohn , was his declaiming against the partiality , ambition , covetousnesse and injustice of the grande●● of the army , he testified his dislike of that notable peece of injustice that l. g. cromwells son ireton being the puny colonell in the army should upon the day of naseby battell be advanced above all the colonells to be commissary generall , and he imputed it to this injustice that commissary generall iretons regiment , first turned their backs in that battell , and likewise he testified with some bitternesse his abhorrency of the unworthinesse of some genera●l officers in the army which lurked in a wind mill a● nafeby battell , viz. l. g. ha●●mond , sco●t-master gen. wa●sen , muster m. generall stanes , and he was a constant sharp antagonist to the independent party , wherein he only followed the dictates of his cons●●ence . this without con●toversie was the reason , that sir john was one of the 11. members impeached by the army , for l. g. cromwell confessed at colebrook that they had nothing against him , this will be proved by witnesses , but whosoever shall observe the armies impeachment of the 11. members will discerne that there is nothing against sir iohn in any of the articles , unlesse it be where they mingle his name with others , to c●lour over their conspiracie against him ; but sir iohn being an active man in the opposite party , there was a necessity to remove such an obstructer of their empire . and for the articles of treason now against him for levying war , i only desire to acquaint the reader ▪ that sir john offered to produce two members of parliament , and other witnesses , to prove that he was at his house in su●rey five miles from london , when the london-ingagement , voted by the parliament to be treason , was prosecuted , and likewise when the ●●●ult happened which offered force and violence to the parliament , neither had he set in parliament during the absence of those members which fled to the army , had he not ●een commanded to attend the house , and by ordinance of parliament appointed to be of the committee of safety . now to the stating of his case . first , about the●● of septemb. last a warrant issued forth by order of the house under the speakers hand , to bring the body of sir john maynard to answer to such things as should be objected against him . in the first s●ep of their pro●eedings , to q●estion and prosecute sir iohn , they deviated totally from the paths of law and justice ; and it 's no wonder all the progresse towards his 〈◊〉 is so irregular , the foundation of their proceedings against him is hid upon will , pleasure , or a supposition of an absolute unlimited dominion , if the law should be acknowledged to be the measure of their proceedings , it 's beyond dispute , that the body of no englishman can be legally arrested , 〈◊〉 by vertue of any warrant , wherein some cause is not expressed , ●●d that with 〈◊〉 certainty and particularity , that it may appeare judicially that the arrest is ●●●st : these are the expresse words of ma●●● chart● , that no man shall be t●k●n , that i● arrested ▪ or attached , or restrained of his libert● , unl●sse it be b● i●●●ctment or presentment , &c. and therefore sir edward c●●● ▪ f●ith , 2. part. instit. ●●l . 391. that a warrant to restraine any person of his liberty , to answer to such things as sh●ll be objected against him , is utterly illegall ▪ and that very legall warrant must have a lawfull cause of the persons restra●nt con●●●ned in it ; and if the law had not thus provided , we we●● absolute vass●l●s to the wilis of magistrates , they might at their pleasure i●u● forth a warrant to command the person of any man , 30. or 40. 〈◊〉 distan● from ●hem to be brought before them , to answer such things as shall be objected against him , and when he appeares there may be nothing materiall against him , or no crime p●rtaining to the cognizance of that person or court that issued out the w●●rant , and yet again the same person through private malice might be 〈◊〉 by the like warrant , and again also 〈◊〉 his estate be conf●●med , or his ●●ad● destroyed by such molestations and expences incident 〈◊〉 , and upon the like warrant every justice of the peace might vexe and m●iest whom they please : therefore the law permits ●or the h●●hest 〈◊〉 in england to command 〈…〉 despicable englishman to attend him , or be arrested or brought before him without a legall cause , and his office or authority specified in the warrant or processe , and upon this accompt the parliament declared , july 26. 1642. that it 's against the lawes and liberties of england , that any of the subjects should be commanded by the king to attend him at his pleasure , first booke tarl . decl. p. 4●● . now who can distinguish between an absolute command to attend a court , or magistrate , and a warrant to appear before them , without a lawfull cause specified ? but though the axe is laid to the root of englands liberties , by this first warrant to appeare before them , yet i wish this first stroake had been con●ound●d with the last , b●t they proceeded to cut in sunder the p●●me roots of ●reedome . secondly , sir iohn maynard obeying m. speakers illegall warrant , and att●nding the hous● , m. miles corbet made his report concerning him from the committee , and produced some papers , pretending they were written by sir john , and thereupon m. corbet examined sir j●hn upon interrogatories , as whether those papers were written or subscribed by him , and this interrogatory they doubled and redoubled : observe reader how they wander in the devious crooked wa●es of injustice , when they have fors●●en the paths of righteousnesse ; see the deformity and obliquity of their actions , when they refuse to measure them by the rules of the lawes established . was it possible 5. years since to have possessed any ingenious man , that this parliament would have deviated so far from the rules of law and justice , yea the common light of nature , as to examine any man upon interrogatories against himself in a criminall case ? would any have believed that this parliament should have degenerated so far , as to indeavour to compell a man to destroy himself ? is it not a ●●ddle surpassing all , that this monstro●s age hath produced , that this parliament , that hath deemed the starre-chamber and the councell table● names worthy to be a curse and a by-word ●o posterity , because of their cruelty in censuring men for refusing to answer interrogatories , that this parl. i say , s●ould urgently presse sir io. maynard to answer interrogatories against himself in this criminall case ? is it credi●le that this parl. who complained in their first remonstrance of the state of the kingdome ( 1. part book dec. p. 8. ) 〈…〉 upon the people ? or that th●s 〈…〉 ●ct of 〈…〉 ▪ is ●●●redible ▪ i say , that they 〈…〉 ●ands have destro●ed , who c●n 〈…〉 rather ●mpute these proceedings to the 〈…〉 ●ohn it seems , resented 〈…〉 to answer m. corbe●● redoubled que●es , ave●ring 〈…〉 had better taught him then to ●●st 〈…〉 own destruction . i with sir iohn had kept his ground , 〈…〉 defia●ce to the in●ade●s of englands liberties in this particular , with as muc● 〈…〉 hath since manifested in some other particulars of 〈◊〉 importance : but by 〈◊〉 estooped beneath h●mse●fe ; f●rb● their importunity ●ee ans●●red their interrogatories negetively , that ne●●●er ●●e papers pr●●●c●d , nor th●●●me sub●… sir iohn maynard humbly moved for a copy of the charge brought into the h●use against ●i● b● mr. corbet , and time and lib●rty to exam●●● his own w●t●●ss●s by whom ●e ●ffered to p●●v● the falsity of the most m●●●ria●l things obj●cted against him . but such was the rigour of the prosecute●s and ju●●e ( for they went one and the same ) that magna charta , p●●i●●n of right , the stattute o● 37. ●dw : 3. 18. and the statute 38. edw : 3. and the 42. edw : 3 3. not one , ●o●all of these , could either by their glittering bea●es of justice a●lu●● them , or by an awfu●l majesty constraine them , to preserve inviolate this na●ive liber●y , though the recited sta●ute say expresly , that no man shal● be taken &c. nor disfrienged of his free-h●uld ; but by the lawfull judgement of his peers , or by the law of the land : that is , by being brought to answer by due proces●e of comm●n law : now who is ignorant that it 's contrary to all the p●●●●edings at common law , to have a charge in an english court , a●d yet to be denied a copy , whereupon to returne answer , or to be denied councell in th● 〈◊〉 of law ? was it ever known , that the m●st infam●●s se●●n was denyed cou●cell at the kings be●ch barre , if ●● pleaded the insuffi●cenc●y of the indictment in law ? and 〈…〉 more u● a●swerable reason that sir iohn should have had a copy of the house of commons charge , being it is an english court , and c●u●cell also assigned him upon his pica , that the charge against him was not leg●ll . notwithstanding all these ir●eguler arbitrary proceedings , the house being reduced to about ●● . pas●●d judgement upon sir iohn maynord , t●●t he should be expelled the house . observe how the foundation of englands freedom is subverted , this gentleman , a commo●er of england , is dis●eized of his c●o●sest franchises , or liberties , the place of highest trust , contrary to the established lawes . this censure is passed upon him wit●o●● one witnesse being heard in op●n court , either pr● or co● , a●d the gentleman that made the report from the committee onely named one witnesse ( which he said he could produce ) as to any particular objected against him : now by the statute of 5. edw : 6. c. 11. it is provided that no man should thenceforth be indicted for any tre●so● that then was , or from that time should b● , from iune then next ensuing , perpetrated , committed , or done , unlesse the offender be thereof accused by two lawfull accusers , except the party shall without violence conlesse the same , yet here you see a judgement in parliament passed against s●r iohn for the pret●nded c●ym●s which they stile t●●ason , although there was a pretence but of one acc●●er , or witnesse to any 〈…〉 2. this judgement is passed against this gentleman , before his pica to the legali●y of the charge was freely a●gued by councell , and j●stly determi●ed ; whereas comm●n reason dictates that the matter of ●●ct come● not in question untill the charge or accasation , be it as it ●ught ●o be , by perscentment or indictment , un●il i see the legality of that be determined . now if the c●mmone●s of england may be disleized of their ch●isest freedoms and priviledges , contrary to the known law , yet to the universall commands of nature ; what basis or foundation of freedom remaines firme ? what security to the life of any commoner of england , more then the good will of the prevailing party . but a further progresse was made towards subversion , of our liberties . a further judgement was passed against sir iohn maynard . viz. that he 〈…〉 to the tower , to remaine a prisener there , during the pleasu●e of the h●n●● . there was no cause specified of this censure , either in the clarkes book , or in the warrant , or mittimus directed to the lieutenant of the tower . by vertue of an order of the house of commons , these are to require you to receive from the serjant at armes , or his deputy , the body of sir john maynard , knight of the bath , into the tower of london , and him there to detaine in safe custody : as your prisoner , untill the pleasure of the house be signified to you to the contrary : and for so doing , this shall be your warrant . to the lieutenant of the tower in london . dated . sept. 1647. william lenthall speaker . here is the impoysoned arrow shot through the principall vitall of englands liberty , here is equity , law , and justice de●hroned , and absolute will , or blind lust challenging the proper imperiall seat of england . this commitment drawes the black line over the name of english fredom , yea the line of confusion upon the k●ngdom . if the supreame authority shall thus actually a●ow , that they are to governe , ●●ose and dis●olve all laws of government ▪ * to di●pose of the persons of the people at their pleasure ; then all mutuall relations and dependency of a kingdome , and all the tearmes of destinction between rulers and ruled , may be 〈…〉 the foundations of property are overturned , and no man 〈…〉 thing his own : but himself , and what ever he injoyes is at the pleasure of others . this mannes of imprisoning this gentlman is a two edged sword , whereby our liberties are mortally wounded . 1. here is an imprisonment without a cause expressed , and what 's such a commitment lesse th●n a virtuall publicke declaration , that you shall be destroyed in your liberties , reputes , estates , and your lives ind●ngered because we will . though their should be a just legall cause of imprisoning any man ; yet if it be not expressed in the order or warrant : our liberty is no lesse sub●erted , then if their were no c●l●ur , o● pretence of a crime in the least punctilio ; the rule of the law is , inter ●on apparentia ●t non existentia eadem est ratio , there ●s no difference between things that are not , and things that appeare not ; it s invincib●y avident , that our persons are absolute vassals to the wills of governors , if a warrant for the imprisoning any man without a cause specified therein should be allowed as just or legall . sir edward cooke in the 2 , part 〈…〉 , fo. 591. averrs , that its the speciall thing required to make a mi●ti●●s legall , that the cause be expressed with such convenient certainty , and may appeare iudicially , that the offence requires such a iudgment as imprisonment ; therefore the crime of a supposed off●nder imprisoned , must be in some sort particularized in the mittimus , according to that of festus , act. 25. 26. 27. h●●ought for some certaine crime to insert into pauls mittimus , whereby he should be sent to cesar ; for saith he , it seems unreasonable to send a prisoner and not witha●l to signifie the crimes laid against him . and this is the true intent of magna carta , c. 29. wherein it saith , that no man shall be taken , or imprisoned without persentment , or indictment &c. i could multiply reasons in this particular . as 1. from the indictment of an offendo● which ought to rehearse the effect of the mittimus , and therein the particular crime , must be expressed . a second taken from the forms of the habeas corpus , which ought not to be denyed to any offendor out of the kings-bench , or out of the chancery , the words are these . precimus vobis quod corpus a. b. &c. vna cum causa dect●ntionis su● , & habeatis coram nobis & c. ad subijciendum et reci●ien●m ea quae curia nostra &c. this writ is to be directed to the goaler , or sheriffe detaining the prisoner , wherein he is commanded to bring the body of a. b. with the cause of his detention to receive , and suffer what the court shall order according to the law . now the goaler is to returne his warrant to the court , by vertue whereof he keeps any men prisoner , and if there be not a legall cause and authority expressed , its false imprisonment , and the goaler may be indicted * for it , upon the 〈◊〉 . of magna charta , or an action of false imprisonment lyes against him : and let it be observed that a generall criminall head , as treason , felony , &c. is no legall cause to be incerced into the mittimus , it s no sufficient return by the goaler of the cause of his detaining a prisoner ; for the court can passe no judgement upon an offendor , neither can any indictment be grounded upon such a mittimus , wherin the crime is expressed only i● such a generallity . the second wound which out liberties have received by this gentlemans imprisonm●nt , is by this order to detain him during pleasure , o this ! this . i say strikes the fatall stroke to freedom and justice : this overturns , overturns , overturns the foundations of the kingdom ; this one act , if approved or drawn into presiden , hath a seminall vertu● wherby it contai●ed in it ; self all the distinct species of injustice whereof the s●● was ever ye● spectatours . 1. t●is imprisoning without c●use specified , during pleasure , if ●t shall be av●w●d by parliam●nt , doth ipso fa●t● enervate yea evacuate , & null a●l established laws of the la●d ; it renders all rol●s and records , no better then wa●te papers to l●ght tobacco ; to what purpose serves magna ch●rta , the pet●tion of right and other wholsome laws , which say no man shall be imprisoned passed upon &c. or any way●s destroyed ; but by the iudgement of his equals or by due pr●cesse ●t law . again , i● we shall be destroyed of our liberies at the ple●sures & during the pleasures of corrup● men , and if any englishman may be detained a prisoner , during the pleasures of others , of what use are those lawes that provide a habeas corpus , should be granted out of the kings bench , or chancery ; whereby the goalers commanded , that the person of any complaining of injust imprisonment , be brought before the judges , with the cause of his restraint , that as sir edw. cooke saith , if he be imprisoned * contrary to the law of the land , they may by vertue of magna charta deliver him , and if it be doubtfull and under consideration , he may be bayled . this was also resolved by all the iudges of england , that upon complaint of any prisoner they ought to send the kings writs ●or his body , and * to be cert●fied of the particular c●use , and that in case they shall find no legall cause of his imprisonment , they ought and are bound by oath to deliver him ; but of what use are these lawes , and d●clarations of law , if persons may be detained in prison , be it justly or u●justly , during the pleasures of any number of men whatsoever ? i must prof●sse , i know no other use of the lawes then to sh●w the bouldnesse and presumption of injustice , that dare tram●le upon the lawes and l●berties of the people , when they are most solemnly and eviden●ly declared . 2. this commitmen● during pleasure , establisheth the wills or lusts of men : as the rule whereby to punish transgressours : suppose they be reall ●ffendors that are imprisoned , yet if they must be disseized of their liberties , trade● , and other imployments , during the pleasures of men , then their punishment is measured by the rule of their p●easure : and if men shall be censured in case of supposed or reall offences according to the pleasures of others , then those mens wills or pleasures , must necessarily also be the rule wher●by the ●ffences must be measured , as to the degrees , ye● , whereby all the actions of men shall be tryed , whether they be just , or u●just , good , or evill , and in case 500. shall assume and arrogate to thems●lve● , the abs●lu●e dominion ever us , that it may be england shall have 500. di●●●nct lusts , unto which they must conforme their actions . 3. this commitment during pleasure , supposeth the perso●s exercising that authority , to be unaccountable and ob●●●ious to ●o censures , for any possible ab●se of their power ; if their pl●a●u●e be the supreame rule , whereby they shall judge of the peoples actions , and ce●su●e them to the losse of their liberties and dearest injoyments , then there is no rule whereby to measure the recti●●de or obliquity , ●ustice , or injustice of their government , and by cons●q●ence they are under an imp●ssibility to render an accompt of their wayes : this the parliament ab●●orred in the king , as appeares by their last declaration , shewing the reason of their votes , not to make nor receive any addresses to , or from the king , p. 12. they say the king hath layd a fit foundation for all tyranny , by that most distructive maxime , viz. that he o●es an acc●mpt of his 〈◊〉 , to none but to god alone ; but whether this principle be esteemed by the present grande●s that over-awe the parliament , too sweet a morsell for any pallate , except their own : i will not determine . 4. this impriso●ing during pleasure expeseth the liberties . estates , ( if not the lives ) and all the people to perpetuall uncertain●y ; who can perfect● , soresee what construction the ruling gen●lemen shal please to put upon the most innoc●nt actions , and inten●i●ns of any which are not blessed with the●r graci●us aspect ? ●ow plausibly and with what facility may they at least question their actions ▪ and upon what faire pretences may they commit them to p●●s●●ns ? and if this shall remaine during their pleasures , they solely depend upon the uncertain , inconstent wills of a ●ew g●andees ; for the enjoyment of their liberties , trades , and 〈◊〉 : o● howev●r upon the least pretence of a transgression , any man sha●l be imprisoned during pleasure ▪ by the heads of the present faction or by their i●fl●●●ce upon the parliament , and th●n his liberty is lost for ever , and it may be his family there by utterly ruined , being under an impossibility of regai●ing his freedom , unles●e he can please and satisfi● , either by c●eeping and cringing , or otherwise , the ambitious ●umours or corrupt wills of those sta●ists . i might here also oportu●ely discover the abhorancy of perpetuall imprisenment , or during the pleasure of any man manifested in the statute and common law , and likewise what exquisite care the law hath taken for the liberties of mens persons , by the law of the land , be●ore the ●●●que●t : as app●ares by the lawes of ethel●ed , a man was ba●leable for any offerce ▪ untill he was co●victed , and sir ●●ward c●●ke saith , that by t●e common law , a man accused or indicted of treason , or of any f●lony whatsoever , was bayleable upon 〈◊〉 surety ; for the goale was only his pledge that could ●i●d none , and though some sta●u●es have since ab●●dged that liberty ; yet the writs deodio & atia , still in force to helps such to bayle , as are accused of fe●●ny , and the care taken , that every man may have an habeas corpus , by imposing an oath upon the judges , and providing remedies , in case any should refuse to obey the writ of habeas corpus , those things i say manifest the tendernesse of the law , to every mans liberty , and it 's a obhorency of long tedious or perpatuall imprisonment at pleasure , and the law never intended , neither doth allow imprisonment to be a punishment ; but only a safe custody * untill the ordirary appointed times of tryall . but i find it objected by some , that the parliament is above lawes , and statutes , yea , magna charta it selfe , and cannot be confined within their bounds ▪ in their imprisoning supposed off●●ders and there●ore may imprison anyn an during pleasure : this i confeste is the opinion of the faithful & valiant sufferour mr. prin in his soveraign power of parliaments . 4. part p. 27. answ. i concelve this to be a grosse mistake , confounding the legislative power with the power judiciall , and executive of the lawes : its unquestio●able , that the law-giving power of the parliament is suptean●e to all the statutes enacted by ●ormer parliament● , ●h●y may at pleasure alter and rep●ale them , either totally or in part●●ct this law-giving power is not absolutely supreame to magna charta , who'ly at their pleasure ; this great charter hath 〈◊〉 consideration , either as it is in part a statut● law , and so it is subject to the pleasure of the parliament , to be altered , repealed , or confi●med , or as it is a declar●●ion of ●●e common law , or of comm●n reason and equity , and thus t●s not pr●st●●●e at the secte of the parliaments will . in the trust comm●t●ed by the people to the parliament , to be legis●a●or ; it is ●aturally ▪ and necessarily implyed and supposed ; that common reason ●nd equity should be a law to their ; a●d thence it is received as ●n und●●b●e maxim that comm●● 〈◊〉 may annull an act o● p●rli●ment ; but whilst sta●u●e ●●ws , are not ●epealed by v●r●ue of the legislitive power , i supp●●● they are as obligatory t● the parliament ; either joy●●ly , or i●parately considered as to the meanest c●●m●n●r in england . and for their judiciall power in declari●g the law in particular cases before them , i conceive they are not , even in that , purely unlimitted , or absolut● : they a●e li●i●t●d , as to the laws wherein that judicia●l power is to b● ex●●c●sed ; the pe●all laws being in their own nature declara●ive , 〈◊〉 not the object of that powe● ; ●uch laws ought to be taken in the letter o●ely , not by consequence or const●uction , otherwise they should ●●pl●y a contradiction to themselves ; for b●ing who●ly declarative as they are p●nall , they should yet not be declarative , and its ●n undoubted maxime , that d●us non potest c●ntradictoria ▪ god himself cannot do things contradict●●y , and i hope parliaments are more mode●t then to challenge a power supreame to his . 2. the parliament is limited in their judiciall power , in declaring the law where laws may be taken by way of consequence , eq●ity or construction : therein common reason is also a law to these judges of the law . and for the parliaments power in executing the law , which is their power of imprisoning and censuring ●ffendors ; either they are to●ally subjected to the law , and ob●●eged to proceed according to law , or else they cannot judge men as transgressors . it s only then that men can be ju●ged transgress●r● , when by a measuring their actions by the laws , they are found to have walked contrary to , or swerved from the law ; but let it be observ●d , if the parliament cla●ms a power to imprison , as being ●●●r●sted to be executors of the law , then it implyes a contradiction , to say that power of theirs is above the law , or that they are not oblieged to proceed in every pun●ilio , according to the declared law ; for if there be the least abberration from the law in their censuring or imprisoning any man , they do not put the the law in execution , but execute their lawlesse wills . b●t i would inquire whether the parliaments imprisoning ●y m●● , be an act of their jurisdiction ●ver hi● ? if so , the●●● the name of that power be weighed 〈◊〉 , a declaration of the law ; n●w ●● implies another contradiction , to say that the parliament have ex●●cised 〈◊〉 ●●●●sdiction ●ver 〈…〉 imprisoning him above , ●nd 〈◊〉 unto law ▪ ●●ither can i● be he●e said that the particular order ●● parliament for imprisoning a●y man is a law , and so is 〈…〉 , ● declaring the ●aw for it is u●terly 〈◊〉 with ●●e nature ●● the legisl●tive power to be judge of what hath been do●● , and should it be admit●●● , that actions pa●● might be judged otherwise , then by the rules of distributive justice est●blished in a society of people o● kingdom , the very foundations of the society or kingdom were over turned ; for the compact or agreement of the people to in habit together upon such and such tearmes , and to be oblieged to deale each with other according to such rules ; this compact i say were ●ull , and the people were no more ● body politick , but a confused ga●hering together of people , every one without obligation to other ; and therefore the parliament reputed it a most unworthy scandall , when the king accused them , that they disposed of the subjects lives , and fortunes by 〈◊〉 own votes , ●●ntrary to the known laws of the land . * upon these grounds i shall presume to conclude , that a name is wanting to that aut●●●ity of parliament , whereby they imprison , o● censure any man , contrary to the laws in f●rce when his ●ffence is 〈◊〉 . and ●ow having helped you to the fi●st s●●a●e in the tra●gedy , ● could 〈◊〉 to withdraw , and secretly ●ff●r ●●era●e to the memory of englands freedome . however courte us r●ader ) let thy thoughts 〈◊〉 , and imagine si● . ioh● ma●●●●d lying ●●●mant in the ●ower 2● weeks , 〈◊〉 wi●h th●chaines of ●●●●enant generall ●●omwels ●lea●u●e , but behold t●y ●a●ive liberties 〈◊〉 with him , and i b●seech the vi●w 〈…〉 s●me 〈◊〉 ; ●lse th●● 〈◊〉 speedily 〈…〉 . 〈…〉 c●s● , should be made a 〈…〉 may b● 〈…〉 of the ruling faction , 〈…〉 not what to answer the objections of you know not wh●● . 2. you may be 〈…〉 of y●ur own sword , i. ● . to 〈…〉 ●●rpasely to in 〈◊〉 you to 〈…〉 y●u ●ay be ●●● by 〈…〉 a 〈…〉 to a● oa●● fx● 〈◊〉 . 3. by th●● 〈…〉 you may be cha●●ed 〈…〉 a pretended 〈…〉 be st●pp●d ● as 〈◊〉 o ave liberty to 〈…〉 he best ▪ that p●●a sh●ll mee● wi●●deafe ea●e 〈…〉 your judges , and throu●● 〈…〉 lawyers brains , shall be ex●racted to compose 〈◊〉 , a●d 〈◊〉 with the name of a charge ; yet you shall not be admitted to have coun●el to open , and plead the 〈◊〉 and insufficiency of ●●e charge ; bu● judgment shall be pas●ed against you , without ●●gning , ●●b●ting ▪ or kea●ing the plea . 4. by this precedent you may be sentenced to the losse of your best f●anchises and freehold● ; your places of trust , upon a● affidavit that a single witnesse can be produced to accuse you o● a pretended crime● the very light of nature , which averts one man● dentall to be of as much validity , as one 〈◊〉 accusation . that light i say , shall be extinguished at the pleasure of the ruling faction , to make you an ●ffender , and bring you under their lash : and thus your lives shall be exposed to hazzard , at the pleasure of every malitious informer , though suborned thereunto by others . 5. by this precedent , your liberty and lives may be re●● from you at the pleasure of every person in power , a paper wherein no c●ime , ●er suspition of a crime shall be specified : shall be a warrant sufficien● for your imprisonment ; it shall be sufficient to say its 〈◊〉 will , that the body of such a one be detained in prison , and you shall scarce dare to aske for what offence . 6. by this p●ecedent , your imprisonment be it never so unjust , so 〈…〉 may be everlasting ; you may be a prisoner to the pleasure , or during the pleasure of those in power ▪ you may be aspersed or scandalized , and colourably committed into prison , and that must be your perpetnall mansion ; there your names and reputations must perish , and ●o doore of possibility shall be open to come to a legall tryall for your first vi●dication ▪ or d●liverance ; and this shall be the reason viz. ten are committed during pleasure : thus by the ma●●c● of the ruling faction , you may in a m●ment be dispoyled of a●● your comfort● by being a prisoner without hope unlesse you can please your enemies . o that every englishman would hea●ken to the groues of our dying liberties ! if the prevailing-faction be suffered to make much further p●ogresse in these paths of injustice and a●bittarinesse , there will be no ●●treat : they post on in their j●urney towards an obsclu●e d●minion , 〈◊〉 ●acilis cescensus averni , sed 〈◊〉 re●● ce●e●gradum hic laber hoc opus ●st ; who shall bring them back or obstruct their way , if we sit still untill their journey be ●ea● finished ? o that the daily subversion of our lawes might be discerned before all those hands of union and s●●i●●y be dissolved ! those measures and ●●●nctions of right and prop●rty be con●e●nded , and this quondum beautifull nation , become a rude deformed 〈◊〉 ! bel●●ve it reader , if sir iohn maynard peresh , or suffer in this illegall 〈◊〉 man●er ( suppose him the greatest ●ff●nder ) no man shortly shall have better evidence for his life , la●ds , or liberties , then the fav●urable aspect of the present aspi●●g faction . but if the impoding danger to your liberties a●d your in●ended v●●●age be not sufficient 〈…〉 . i shall give you a further acc●mp● , how near the 〈◊〉 is complea●ng , wherein the wils of 〈◊〉 mighty sword men , sha●l ●it as our supreame lords , makin● the 〈◊〉 of whom they please their 〈…〉 . l. g. 〈◊〉 a●d ●is adherents , seemed 〈…〉 for twenty w●●ks , with 〈◊〉 destruction of sir iohn mayra●d in his 〈…〉 , and 〈◊〉 , but then their ●●di nation boyled 〈…〉 strength against him , and his life must become a 〈◊〉 to their pl●a●u●es ; therefore a cabinet counse●l must be called , to adv●se the most expedient way to execute those 〈◊〉 , but it be●●g the result of the consultation , that no 〈…〉 , they resolved to preceed with ●●m ●s they ●ad be●●● ▪ according ●● their w●ls a●d pleasures : and therefore an accusation must be framed against him , whereof the law is ignnoant , they call it articles of impeachment of high treason agai●st sir iohn maynard and to convince the world that the strongest bands of law , cannot stand the edge of our champions swords , they appointed iudges of sir iohn maynard , as il●egall as the accusation , they transmitted his case to the lords barre . hereupon the lords directed a paper to the lieuetenant of the tower , commanding him to b●ing in sir iohn maynard on feb. 5. last past , the coppy whereof here followeth . febr. 3. 1647. it is this day ordered by the lords in parliament assembled , that the lieuetenant of the tower of london , do bring sr. iohn maynard knight of the bath up to the barre of this house , on satturday the 5. of feb. to receive a charge of high treason , exhibited against him by the house of commons . and for so doing this shall be a sufficient warrant . to the gentleman vsher of this house , or his deputy &c. ioh. brown . cleric . parl. but it seems this gentleman was t●●ght by his sufferings to understand his ●wn a●d his count●ies freed●me 〈…〉 , ●hen ●t the fi●st encounter with his e●●mies : he was satisfied t●at the lords ●ad no 〈…〉 over the commone●s of e●gla●● , and therefore reputed himself ●bliged to give them a modest humble caution , not to subvert the fundamentall lawes of the kingdom , by ●s●●mi●g a power of judicature over him being a commo●●● , and for this purpose , upon ●●b . the 4th ▪ ●e d●●patched 〈◊〉 ensui●● letters . to the right honourable my singular good lord , edward earl of manchester , speaker of the house of peeres . my lord , i received an order in the name of this honourable house , whereby i am appointed to appear before you , to receive a charge of articles of high treason , and other crimes , &c. u●on which accompt , i have made bold to write these e●c●os●d lines , humbly desiring that they may be communicated to your house . sir , i am your lordships most humble servant , john maynard . from the tower of london , this 4. feb. 1647. my lords , i am for monarchy , and upon all occasions i have pleaded for the preservation of the interest of this honourable house : but my lords , i being now summoned to app●ar ●ef●●e your lordships , for no lesse ( as i conceive ) then my l●fe , upon an impeachment of high treason , i am ( being a 〈◊〉 ) necessi●ated to challenge the benefit of mag●a c●a●t● , a●d the 〈◊〉 of right , which is , to be tried by a 〈◊〉 of my 〈…〉 of my own condition , by an indictm●nt , before the iudges in the ●rd●nary courts of iustice in westminster hall , who by the law of this kingdome , are appointed to be the administrators thereof ▪ a●d by the expresse lawes of the kingdome , i am not to be proceeded against ( for any crime whatsoever , that ca● be laid 〈◊〉 my charge ) any other way then by the declared and expressed rules of the known and est●blished lawes of the land , as is 〈◊〉 ●●●ly evident by the expresse words of the petition of right ( which being an englishman ) i chal●enge as my birth-right and in●eritance , and i rather presume to make this addresse unto this 〈…〉 h●●se , because i f●●de upon ●●cord , that in the case of sir sim●n de be●isf●rd , this honourable house have engaged never ●o judge a ●ommoner aga●n ; because it s against the law of the land , ●e not being their 〈…〉 . this i ●umb●y ●eave to the consideration of this honourable house , and take leave to rest . your lordships most humble servant . john maynard . toke● february 4. 1647. but those lords whereof the house is now 〈◊〉 , not 〈…〉 deny ●●edience to the commands of the sword men and their c●mplices : pe●sisted in their order to the ●●cutenant of the tower , and sir ●ohn maynard was on feb 15 brought to their ●atte , but a command was given , that the * door of their h●●se should be shut , and that no man should be 〈◊〉 accesse to hear : and though sir iohn maynards lady , children , and friends , pressed hard at the door , yet mr. f●●e gent●eman 〈◊〉 of the black rod , repelled them by violence ; hereupon sir iohn maynard●u●bly moved , that according to the practice of a ● cou●ts of justice , the d●●rs might be open , and all might have free accesse to hear the proceedings . but the speaker delivered the sense of the house , that ●● company m●st come in , before sir iohn maynard● charge was read . thereupon sir iohn maynard with reverence and respe●t ▪ bes●ught their lordships , that in respect to their own honour , the 〈◊〉 of the house , and that which was of more value then both , 〈◊〉 ▪ the preservation of the law , their lordships would permit all whatsoever to hear : it s a cause ( said he ) of ●igh 〈◊〉 ●t , for it involves the liberty of all the free-born people of england . and i beleeve your lorships cannot be ignorant what bookes , 〈◊〉 speeches are dayly uttered against you , as invaders of the peoples 〈◊〉 rights and freedomes : you are traduced to be a 〈◊〉 ▪ a councel-table , ●● worse : even a spanish inquisition , and that all things are carried by faction : al● the orders and commo● rules of just●ce bei●g dayly broken : ●ea it s said you exercised a higher● t● 〈◊〉 and more arbit●●ry power at present , then was practis●d by any others in the worst of 〈◊〉 ; but ( saith hee ) i have 〈…〉 severall occ●sion● to vindicate the hon●●ur of this house ; 〈…〉 lordships will pr●f●●●t your selves a court of 〈…〉 ; yet keep your doores shut whereas i hav● q●●shed such reports ) your lordships will ●●ake them truth and ●●●dent to a● the people . but as the lords had no ●u●idiction over him , so they wou●d 〈…〉 it to all men they would excercise no iurisdiction : t●●y would not declare the law concerning him , but their wil● : & so they kept dores shut , it may be they esteem themselves supreame to the stat ▪ of ma●●bridge 52 h. 3. ●● : 1. which expresly saith , it s provided that all persons of all degrees should receive justice in the kings courts . i. ● . the c●uses of all persons shall be heard ordered , and determined openly in the kings court before the judges , ●here no man ought to be excluded or denyed free accesse , & the reason of this is imp●e , nable . first , all proceedings are only particular declarations of the law , it s intended that the law should be understood by every man and therefore it was ordained that magna chatta should be publikely read 4. times or twice at the least in every cathed●●ll &c. and of ould the kings writ issued out at the end of every parliament to the sh●e●ffe of every countie commanding him to proclaim and publish all the acts made by the 〈◊〉 . in all places throughout his bayliwick : and to this purpose records are kept of the proceedings of the courts of iustice , that they might be visible to al men ; for laws not promulgated or declared are no lawes . therefore the deniall of free accesse of people to any court of justice subverts the very being of the lawes as much as is possible to such a court . 2. the just and prime rationall ●nd of proceedings against offenders is subverted , when theire proceedings are not as publike & open as possib●● ; he punishment which the law ordain to be executed upon offenders is not the end of the penall lawes , but for the peoples profit ● that they by the cogniz●●ce of the matter and manner of their offences might more clearly distinguish between good and ev●l● , and know how to order their wayes without occasion of off●●ce to t●e sta●e ; a●● als● , that the j●st 〈…〉 their transgressi●ns may 〈…〉 inclinatio●s of ot●●ers to the 〈…〉 that of sene●a ad vindictu●● 〈…〉 and that 〈…〉 ren●●●●i en●m 〈…〉 . w●●ug●t not to co●● to t●e 〈…〉 as to matter ●f d●●●g●t , but 〈…〉 man pu●●sh 〈◊〉 beca●se the law is tran●g●●●●●d , 〈…〉 not be transgressed , & d●●b●les it is ●epugnan● to the na●●●e of man to b● satisfied in inflicting punishment upon any man as it is pun●ish●ent ; but the b●ames of iustice shou●d be totally ●clipsed , if courts of iustice should be permitted to be priuate in their proceedings . 3. an us●full medium unto i●stice and regular proceedings is re●●cted when proceedings against ●●all or supposed offenders are not publike ▪ any learned man saith sir edward co●ke in 3 parts ●nstitutes p. 29 that is present may inform the court for the b●nefit of the prisoner of any thing that may make there proceedings 〈◊〉 , and is i● n●t necessary then that all men should have free accesse to courts of iustice that there may be the most perfect means to dispose it imp●rtially ? answerable to this reas●n is the custom of england : all 〈◊〉 of iustice ever have been ●eld op●nly and publikely , as appeares by all courts in westminster , a●d all assises an● sessions wherein all off●nders have open ●ryall . it s 〈◊〉 to n● f●ld the misc●i●●s that might ensue in case an●court of ●ustice shou●d be permi●ted , to proc●ed against any off●nder priva●●ly with their d●o●es shut : no man should know but the cour● themselves , wh●ther either law , or will were p●t in executi●n ; wh●the● 〈◊〉 ●ccused , were gu●lty or innoc●n● : the o●ficers o● a 〈◊〉 might exercise what 〈…〉 , they might extract 〈◊〉 of c●●mes f●om them by terrours and to●●ures , 〈…〉 them for triuiall ●ffences : n●●an could t●y whetne●c●ns●res w●re p●op●rtionable to their cri●es . b●t though sir i. maynard deservs in my opinion re●pect ●nd assistance , for vindicating this liberty of england ▪ that all courts of justice should be open ; yet i believe it will be found upon due examination that he was in a mistake , i● he suppo●ed the lord●●o be a court o● just●ce in any re●pect as to comm●ners : and it may be ▪ the lords dep●●●ment shall evi●●● this ; they w●u●d n●t assume to them el●c● the forme or appear●nce of a court of justice by s●●●ing openly ; but to proceed to the narra●ive . sir iohn maynard standing as a prisoner at the ba● , the speaker re●●manded h●m to kn●el and hear his charge . but sir iohn understanding tha● kneeling at t●ei● bar , either according to re●●on ▪ or the custome ▪ w●uld ●ave been a 〈◊〉 , that he stood as an ●f●●nder be●ore hi● judges upon his tryal● , he re●u●ed to kneele and with all humil●ty answered thu● . i am prostrate at your lordships feet in respect of ●our persons , but if i should kneele to he● an impeachine●t from th●● h●use . i should acknowledge my ●●●fa d●li●quent under your ●urisd●●t●on and through me , the liberties of all the commons of ●ngland wou●● be wen●ded and destroyed : by the law of the la●● ▪ every free man ought to be tryed by his equals ▪ and not ot●erwise ; and this your lord●●●p● pred●cessory co●fessed in the case of sir simo●●e be●e●ford ; 〈…〉 king ed. 3. h●re ●●●nno ●u● ob●erve how the common● of england 〈◊〉 i●g●ged to sir iohn maynard , for v●ndicating this ●heir fundamental●●●berty , t●at the lords have no jurisdiction over c●mmoners : had n●t t●e lords r●c●ived a repu●e in this assault upon england● 〈◊〉 ●hey had taken all our liberti●s c●ptive ▪ and the name of 〈…〉 england might have been u●●erly abo●ish●d ; 〈◊〉 the 〈…〉 shew my wishes of pr●●perity to ●●r ●o●n maynard i● t●●s g●ll●nt 〈◊〉 , and t●ough i care not trust so great a cause , up●n ●e p●tron●ge 〈◊〉 rude a p●n ▪ yet i hope the world wi●l ●ee by m● weak es●ay , to prove the lords have no jur●●d●ct●●n over c●mmon●r● ▪ ●nd that a ●ull stream of reason and justice tuns on sir iohn maynard si●e . now for the c●●arer u●●●rstanding thema●ter in question ▪ i shall pre●●●e two or t●r●e th●●gs . first it is an 〈…〉 maxime , that the esta●es , liberties ▪ and fi●es of the peop●e o●englan● ▪ ou●●t not to be dispo●ed o●●●en rary to the esta●l●shed laws of the l●nd ; this you shall find averre● by the act made this pre●en● par●●●o abo●ish●ng the star-chamber , is ▪ that they had n●t 〈◊〉 themselvs to the poin●s limited by the stat● of ● . 1. h. 8. from w●●nce they had their power , but pun●shed where no law did warrant : and that was the reason that was rendered for the abolishing the counceltable ▪ viz. that they had determined of the estates and liberties of the people contrary to the law . now the estates of the people are disposed of contrary to law two wayes , 1. either , when they are disposed of , or judged by persons not authorized thereunto by law ; or , 2. when they are disposed of by an illegall judgment , passed by legall judges . so then all persons judging the commons of england must have a juri●diction over them by vertue o● some law ; and who●oever submi●s to the cen●ures o● , or try●ls by any other , becomes gui●ty of the hig●est treacher● against englands freedome . all legall ●uri●dictions over the people are either primitive or derivative and delegate● powe● by comm●ss●on from the pr●mitive : beware hereof confounding jur●sdiction with the ●e●islative power : jurisdiction be it either derived from jus & d●ctio , or as sir edw. co●●e will have it from juris 〈◊〉 ● . c. the power of the law , yet it s properly a declaring of the law ▪ or a putting laws established in execution , & doth not include the making of laws . now the primitive jurisdiction is undoubtedly in the people , all just power either legisl●tive or jurisdictive , to make or execute laws was scunded upon a compact with them , all men being by n●●ure equal each to other , and the supream derivative jurisdiction resides in one or more persons , which most immediatly represent the people and are entrusted with their power . now if any persons should be permited to assume to themselvs a jurisd●c●ion , notwithstanding all the various jurisdictions of courts would be con●ounded , and no security would remain to the life or ●ib●rty of any man . this pr●m●sed ▪ i a●er ▪ that the lords have no just commission to exerci●● any jurisd●ction ●ver commoners in ●ny case whatsoever ; there is none to pass● such a commission , but eit●er the people immediatly , and i suppose none will plead , that the l●rds were ever elected by the peop●e , and a compact passed , that they should exercise such or such juri●d●ction over them ; or , 2. such a commission must p●s●e from the deputies of the people in par● ▪ and then it must appeare by ●●me act of par● f●r which ●here is no co●ourab●e plea , as i shal presently cleer : as for the king ▪ its indisput●ble tha● it transcends his power to give them a commission ●o exe●ci●e the least juri●d●ction : the esta●es , liberties , and lives of the people must be disposed of by law ▪ which i● , by courts estab●ished by law , and according to the law ; and it s confessed on all hands , that the k●ng cannot make lawes , and therefore cannot impower any with a jurisdiction over the peo●●● 〈…〉 to proceed then to proofs , th●t such a jurisdiction was never given to t●e lords by parl. that of m●g . charta may suffice for all , c. 29 it s said . no freeman shall be taken or impri●oned 〈◊〉 ●●sseised of his free hold 〈◊〉 li●er●ies or customes , or 〈…〉 or exi●ed ▪ or any wayes destroyed ▪ nor we will not passe● on him nor c●ndemn him but by the law●ull ju●gment of hi● 〈…〉 the law of t●e land . b● the jud●ment of ●is peers is h●re mea●●●●e verdict of 12. of his equals , and observe the latitude o● this , ● ex●ends to a●l cases whatsoever ; not only to cr●minall ca●es , but ●o a●● ca●e● o● con●rover●e ▪ about me●m ●● tuu● ▪ all is co●t●●n●d u●der be ●● words free-folds , l●berties , ●r free-cu●tomes : whatever any man p●ssesse its to be comprehended under the n●●●●n ●f free ●o●d . or a liberty or free-hold . and yet i● this shou●d seem de●c●tive , ●●e n●xt word● would supply , if we will not passe upon any man neque bimu● n●que m●ttem●● &c. ●aith the latine ▪ that is , nei●her the king nor any justice , or c●u●● ▪ shall try any ●ree men but by his equals : ●o that by law , the lords are totally excluded ●rom intermedling with the tryal● of any commoner in any case w●at●oever . and to his agrees the statu●e of 25. ed. 3. c. 4 42. ed. ● . c 3. and there are 〈…〉 s●a●utes in force , ●ew in print ▪ enacted since magra charta which ordains the tryall of all commoners to bee by the●● equals on 〈◊〉 and t●e same charter , and many of those statutes particularly are confirmed by the pe●●tion of right 3 ▪ car. and by the acts in d● this ●re●ent parl●ament for the a●ol●sh●ng the star chamber , and 〈◊〉 ●a●le , n● the ●an●n lawes ; so that whilest those laws re in force the lord house is incapable to be made iudges of any comm●●er . but it se●m●s this liberty of the commons of england was sometimes invaded ●y the lords and sir e. cook 2. part of inst. ● . p. 50 , ●ai●h , that i● w●s enacted at the 〈◊〉 of the lords ▪ that herea●ter no peeres should be droven to give judgment on any other● then on their peers according to the law and he cites rot. parl. 4. e. 3 , ●● . 6. 10 ma●ntaine his asser●ion , and it s recorded in 4. e. 3. rot. 2 in sir s●mon de bere●●ords case , who was adjudged as an accessary to roger mor●imer , in the murder of king ed. 2 in these words . the precedent . and it is ass●nted an● a●r●ed by our lord the king , and all the gra●●ees in 〈◊〉 pa●●●ment ▪ that albeit the ●aid p●●r● as ●udges of parliamen● took up●n 〈◊〉 in the presence of ●ur lord the king , ●● make and given 〈…〉 by the a●●en● of the king ▪ upon ●●me of ●●em which were not their p●●rs , and by ●eason of the murther o● 〈…〉 ●ord a●d ●●struction o● him , which was so ●eere of 〈◊〉 r●yall ▪ and ●on of a kin● ▪ that therefore the 〈◊〉 peeres which 〈…〉 be not bound , orcharged to give judgem●n● upon o●●ers , 〈◊〉 their peers , nor shall do it but let the peers of the land 〈◊〉 power but of that for ever they be discharged and 〈…〉 judgment ●ow given be not drawne 〈…〉 for the time to c●me ▪ by which ●e said 〈◊〉 ●ay ●e charge 〈…〉 to judge , others then their peeres , aga●nst 〈…〉 of the land ▪ ●f any suchcase happen . now 〈◊〉 hence ●● may ●e collected , that it was against the law of the land for the lords to ju●ge a comm●ner in any case whatsoever , and 〈◊〉 they were again b●●rd by their own 〈◊〉 ne●er to judg any 〈…〉 for sir ▪ 〈…〉 a that was ●n●●ted . but 〈◊〉 the law were 〈…〉 as to the l●●ds 〈…〉 can 〈◊〉 any juris●●●● 〈…〉 not receive it as a trust 〈…〉 which 〈…〉 a juri●d 〈…〉 them , ●nd a● yet ●● never 〈…〉 law that ga●e th● 〈…〉 to the●r practi●e . but 〈…〉 at the lords●re the supream c●ur● of ●ustice in ca●es 〈…〉 ju●gmen● or ca●es of 〈◊〉 and 〈…〉 by act of par● by 〈…〉 th●● the author of 〈…〉 upon 〈…〉 sir 〈…〉 lords i 〈…〉 &c. and it may 〈…〉 th●t the lawes whereupon 〈…〉 of their 〈◊〉 ever him in criminall causes , ●ever made such a distinction between causes criminall and civil ; ●nd that in case 〈◊〉 l●wes were invalid to exclude them from exercising any 〈…〉 of ●rrour , and which conce●●es the ●ree●olds and liberties ●● commoners then they are also invalide to restrain their exercising jurisdiction o●er him in cases criminall . but because the stat● of ed. 3. c●5 conceived to be ●h● b●sis of the lords jurisdiction in cases of erronious judgements , ●del●yes , &c. i shall un●●ld the meaning of that statute . that stat● orda●ned that a 〈◊〉 2 ear●●s●● b●rons ▪ should bee ch●s●n to receive commissions from 〈◊〉 king to ●e are the peti●●ons of those where ca●●●s w●r● d●●lar●d in any 〈◊〉 , ●o that no judgement could ●e obtained and to in●uire 〈◊〉 jus●●ces of any court the reasons of such de●ai●s and by the advice o● t●e ●ustices of ●oth ben●●es t● 〈…〉 and give judgement , and remand the cause ●o the ●ustices , to execu●e the ●ai● judgement 〈◊〉 , & if the case be 〈◊〉 it is to be transf●rred to parliament , that those 〈◊〉 were thus chosen by parliament to prevent de●ayes of judgement should 〈◊〉 onely 〈◊〉 one parliament until 〈◊〉 & ther●fore p. a. b b of 〈◊〉 the earle of 〈◊〉 ●● 〈◊〉 & the lord 〈…〉 were then 〈◊〉 & ord●●ned to cont●●ue ●nti●l the n●●r parliament hereby it appeares this statute gives the house of lords no power to 〈…〉 in cases upon ●●its of 〈◊〉 ●●ither d●●h it appeare that this sta●u●● 〈◊〉 been observed ▪ 〈…〉 parliaments have ever 〈◊〉 ●●at time chosen 2 〈◊〉 2 ba●ors ●● hear petitions in cases of 〈…〉 judgement ▪ ●ut the law hath provided that all the iustices , ba●●●ns of the 〈…〉 being of the ●rd●r of the ●uoi●● ▪ or else the lor● 〈…〉 and lord 〈…〉 either by a speciall wr●● 〈…〉 determine 〈…〉 to be passed , this is the 〈…〉 8. 31 el●● . 1 ▪ a 〈…〉 would 〈◊〉 , ●ow that 〈◊〉 of the lords jurisdiction 〈…〉 upon this statute . 1. 〈…〉 judgment ▪ 〈…〉 lords ●●use , are so much as 〈…〉 statute . 2. t●e 〈…〉 ord●●ned to be c●o●en ▪ to he●re petitioners in cases o● 〈…〉 judgment , were to be c●osen by the parliament . 3. 〈…〉 if the case wherein judgment was 〈◊〉 were 〈…〉 lords should 〈◊〉 it unto the next parliament . and as for the statute of 2● of e●iz : c. 8. which th●y say , confirmed ●●e stat . of ●4 . ea. ●5 . the very first clause says thus ▪ forasmuch , as erroneous judg●m●nts given in the court called the kings . ●ench are onely to be re●●rmed by that high c●u●t of pa●i●men● . &c. and then it makes that provis●ion which i mentioned be●●re , by a wri● of errour from the chancery and yet it leaves ●ha● plan●●●e at libe●●y to ●ue●n the high court of parliament to rever●e the 〈◊〉 iudgement , and so ●e stat of 31 ● . d. c. 1. al●o conc●ud●s , and sir ed. 〈◊〉 ▪ in the same place 4 part i●st p : 20 21 ▪ where he a●●owes the 〈◊〉 ●o have ●urisd●ction over ●ommoners in cases of er●oneous iudg●m●n●s , and saith thus , a party grieved upon a petition to the king may have a writ of errou● directed to the chiefe iustices of the kings-b●nch for removing the errour i●to the present parliament and he pr●duceth 〈◊〉 president in these words : the bishop of n●rwich , ●●●weth that an err●neous judgement was given against him ●o the common plac● f●r the arc●d●co●ry of norwich , belonging to his presentation ▪ an● prayed that ●hose errours might be heard ▪ and redres●ed : ●n answer was ma●e that by he law errours in the common place are ●o be corr●c●ed in ●●e kings . bench ▪ and of the kings bench in the parliament ▪ and ●o otherwise : now i desire any lawyer to informe me , whe●●er acc●rd●ng to the custom of england the hou●e o● lords be ca●●ed the par● of e●gl . or what is done by them , can be ●a●d to be ●one by par●●am ▪ ●ut you may observe how learned sir edward coo●e , contra●●●t● him●elfe , when once he forsakes the rule of the law ; and now i suppose i may co●clude there is no wri●ten law auth●rizing the lords to take c●gnizance of any case of commoners whatsoever and if s●r e● : ●ooke , say true 1. part lust . see . 19● . p. 125 that in case a ●●ry commeth out of a wr●ng place or re●urned by a wrong off●cer , and give a verdict , iudgement ●ught not to be given upon ●uch a verdict , then much better i might conclude , ●hat all the judgment of the lords passed upon commoners are ●u●l in themselves . objection . but it will be yet objected that by custome , the lords have a juri●diction over commoners , and that both in cases of erro●●ous judgements , and also in criminal cases . answ. 1. there is no legall custome for their exerc●se of that juri●dict●on , there are two things essential to a valid custome ▪ 1. 〈◊〉 2 ▪ time ▪ yet that time must be such whereof there is no r●●m●●y of man , ●as c●ok saith ▪ 1. part d●●stit . p. 144. and the usage must be peaceable end without interruption , but both these are wanting ▪ for i●s within the memory of man ▪ that the houses were divided and ●he● the lords had no such juri●diction . the lords being a house by themselves , was but since king richard the first ( but more pr●o● of this in some other trea●ise ) and i●s evident by the precedent of sir 〈◊〉 de ber●sfords case , that the lords have beene interrupted in their prac●●●e of judging commoners . answ. 2. suppose there were custome , yet there is not the same reason , that 〈◊〉 should inves● any with a power of jud●cature as that it should be a title to any liberty pertaining to a town or an inheritance ▪ &c. if long usurpations of power should make the exercise thereof legal●● the very ●ounda●i●n of just government were subve●●ed . answ. 3. but ●ur●her , no custome that is against an act of parliament is valid in law ▪ and it s proved , that the lords exercise of jurisdiction over commoners , is against many acts of parliament ▪ there may be fifty found con●●●ming each other . answ. 4. customes are only valid , when rea●onable ▪ co●k 1. part ●nstit . p. 62 ▪ that any customes how long soever it ●ath continued , if it be against reaso● , it s of no ●orc● in saw ▪ and pag 56. ●e saith ▪ nothing that is contrary to reason is consonant to law , that o●vlpia●● l. 29. 〈◊〉 unquestionab●● , quod ab 〈…〉 est , &c. course of time amends not that which was corrupt in ●●s originall . now that the lords jurisdiction o●er commoners , ●s di●con●●nant to equity and reason , i suppo●e sir iohn maynards protest that followes , will evince to minde ●ree from prejudice , yet this i ●hall here add . that the ●aw of nature abhors the i 〈◊〉 claime to a juri●d●ction over all the people of the land as unreasonable . 1. ●●s repugnant to the law of nature , that the judgment of the law and of the guilt and innocency of persons should be comm●tted to any number of men , withou● a di●cretion o● 〈◊〉 ▪ or any judgment passed upon them whether they b● capa●●e or 〈◊〉 of the place of judgment and this is the case o● the 〈…〉 most of them at least ●it in that house ▪ becau●e 〈◊〉 were 〈◊〉 ●f patents ▪ wh●c●●ad p●ttents for b●●onies ▪ ea●ldom● , &c. from the 〈◊〉 and no pr●●●tion ever made of their sutablenesse or unsut●blen●sse , and the laws of the land seeme also to 〈◊〉 this , sir edward 〈◊〉 1 part . i●st ● pag. ● saith . if an office either of the grant of the king or subject which concerns the administ●●tion proceeding , or execution o● 〈◊〉 , and b● gran●ed unto a man that is unexp●●● , and ha●h 〈◊〉 of science to execu●e the same , the grant is m●erly void in law . is it not indeed irrationall , that any person should be consti●ut●d a ju●ge over the people blind sole ▪ before 〈◊〉 poss●●le to know whether the●e will be honesty 〈◊〉 wisdome in him 〈◊〉 for judgment . ● . i●s repugnant to the law of nature that any number of men and thei● po●●erities should be constant judges of the guilt or innocency of wh●m they please , or of a●l the people ●n a 〈◊〉 : if this wer● gr●nted can it be avoyded , but they mu●t be frequently ●u●ge● and parties and this is directly included in the lords claime to a juri●dicti●● over commoners ▪ and expetience gives cleere test●mony to this , in sir ●ohn ma●●ard● present case ; for the major part at●east of the present hou●e of lords subscri●ed an engagement at 〈◊〉 heath , to joyne with the army against the city in that unhappy diff●●●nce , and yet they would be the judges of sir ●ohn , who they ●ay i● guilty of treason , ringaging against them and the army at that time . 3. i c●u●d say the written lawes of god ab●●rs the manner of the lords claime to a ●uri●d●ction over common●●● , they will not submit the 〈◊〉 to be ●●●yed ●y commoners , and ●o do not to others , a● they would the●●hould do to them . therefore i may conclude that the common law of ●●gland , the ●nwritten and written law of god , declares this custome ●●ll in law . answ. but ●●rch●r , custome in this case cons●sts onely of many acts of judicature , which the lords have exercised over commo●ers , and àfacto ad jus non valet argumentum , because they have usurpod a power , therefore they may continue their usurpation , is on good argument : yet it may be further said , that all their judgements passed upon commo●ors before this present parliament were ●ulled by the acts of parliment made in 17. car. for the abolishing the sta●●e-chamber , and counsell table , wherein magna charta and the stat. of 42. ed. 3. and the petition of right , 3. c●r . and other statutes were confirmed , which declare , all judgements that are passed co●ta●y to the te●●re of magna charta to be holden for ●ought , and by consequence the ●ords are de●oyd of all pres●de●ts also for exercising a ●urisd●ction over commo●ers , unlesse they produce those made si●ce the war , wherein the voice of the law could not be heard for the noise of the drum and sou●d of the t●●mpet . now from all these considerat●ons i shall presume to collect this conclusion , that the house of lords are ●o court of justice , as to the commons of england , that is no place where justice in any case whatsoever is to be ministred to them , and whoever adheres ●ot to this gentleman in defending the l●berty of england , and eppos●●g the ●ords in this attempt to be●eave us of our bi●●hright , shall never deserve in my thoughts to have his name written in an english chronicle : but to returne to my intended narrative . notwithstanding sir iohn maynards deniall of the lords jurisdiction over him , they would proceed , and the speaker commanded the clarke to read the charge and sir iohn to kneele , and the clark began 〈…〉 alo●d . articles of impen●hment against sir i. maynard , &c. but sir iohn interrupted him saying . i except against the first word articles , there is said he but two waies for the triall of a ●●ceman for his life in england , the one by bill of attainder , the other by indictment at the common-law , articles are nothing in law , and so i am content to hear the charge , so the word articles may be expunged , and the word nothing inserted , that it may be ●ead thus , nothing of impeachment against sir iohn maynard , &c. then the speaker asked him whether he had seen the articles , and he told them he had seene a copy of them a moneth since , and that he observed that the eight articles were the same , mutatis muta●tis , as the french proverb saith , sel a tout th●no● , one ●●ddle for all horses . and he said further , he was perswaded that those that drew them knew there was never a crue word in them , onely a ●●eer piece of reason of state , yet said he , all my ambition is to be tried by god , and my countrey , by a jury of my equalls at the kings bench-ba● , in pic●a caria : obse●ve reade● how faithfully sir john adheres to the publike interest in every particular , and note how his enemies seeme to abhominate the rules of distribut●●e justice , they will not afford so much justice as a lega●l accusation , but such judges such an accusation : this that sir john here claimed is a piece of justice so obvious to every v●lg●● eye , that i need not say more then was said at the barre by him : who knowes not that the statute of 25. ed. ● . & 4● . ed. ● . saith , ●o man shall be tak●n , &c. but by presentment or indictment . &c. but i must tell sir john that in my humble opinion he was mistaken in ch●● , that according to the law a freeman should be tried b● bill of a●t under , that is no ●●●ll but rather a sentence , and it is no act of jurisdiction , but an act of the legislative , ●ower , and in my humble opinion no sentence can be pasted against an offender , but by some rule or law of which the offender either actually had or might have had knowledge : the law saith , invin●ible ignorance of the la● excuse● a toto from the whole offence ; but surely then no judgement can be passed justly upon any man by a law that was not in being when his supposed offence wa● committed , in that case though the fact were in it selfe evill , ye● it were not judicially ●vill , if no law in ●●e nation wer● extant against it , and so ●y consequence a law to punish a person in that case were a law to destroy an innocent man . and whosoever shall duly weigh the law-giving power shall ●nd , that the ess●ntiall property of that power is to respect things de ●●t●ro n●n de pr●terito , actions that are to come , not past ; but more of this upon another occasion which i now for brev●ty sake omit . but the lords still importuned sir j. ma●nard to kneele and ●●an his charge , and thereupon he removed from the barre into the middle of the room , and kneeled down and prayed god to blesse the lords and keep them from incroaching upon 〈◊〉 liberties of the commons of england ▪ &c. after that he told them , the people observed their lordships were indulgent to their owne members , and therefore ●e prayed them there might be no partiality , precipitation , nor anticipation of justice . hereupon they commanded him to with-draw , and he was fined 500. l. upon a pretence of a contempt of their house , observe reader , how the lords proceed to devoure the commons at their pleasures , here is a commoner fined 500. l. for contempt . i wonder what law defines this contempt , or who knowes of a law against it ; if there be no law describing this pretended crime and the penalty , then there could be no transgression not any punishment , and being there is no law defining such pretended crime , if the lords may say they are contemned when they will , and punish as they will , they may say to stand one leg before another , or to looke in their faces is contempt , and then fine a man to the value of his whole estate , and th●n why should english-men arrogate any longer the name of freedome to themselves , let them give their 〈…〉 to the lords to be b●●●ed , that they may be knowne to be the lords 〈…〉 . after this they called in sir john againe , and offered to condition with him , but he told their lordsh●ps , he would not so forget his duty , as to make bargains with their honors , neither would he prejudice the free people of england in their lawes and liberties , for all the treasure of the kingdome , but he would willingly sacrifice himself for the preservation of the law . but yet againe the clerk began to read the impeachment , and sir john told them , he observed the lawes ●●n every day broken , and trampled to dirt , and he thought it could portend nothing but slavery , and he made his obeysance , and withdrew to the doore to go out , and protested against all their proceedings as illegall and arbitrary : thus being remanded to the tower , he drew his protest against their jurisdiction over him in writing , and sent it to the speaker in a letter , the copies here follow . to the right honourable my singular good lord , edward earle of manchester , speaker of the house of peers : these . my lord , your lordship may please to remember i was before you at your barre , upon the ● . febr. last , where i demeaned my selfe with all duty and respect to your honourable house , and did zealously and cordially expresse my selfe for the just interest of your house ; but being perplexed at the illegality of your proceedings with me , i was thereby forced and compelled to protest by word of mouth against both the matter and manner of your proceeding : but in regard your lordships were pleased to order me a new to appear at your bar , upon saturday next being the 19. of febr. 1647. i am necessitated with all humility and respect unto the just honour of your house , inclosed to send ●ou my plea and protest under my hand and seale , which i humbly intreat your honour to communicate unto the house of peers , this being my ultimate resolution , with which i humbly subscribe my selfe , my lord , your honors devoted servant , john maynard . from the tower of london , 14. febr. 1647. the humble plea and protest of sir john maynard , &c. sent unto the house of lords , feb. 14. 1647. my lords , i am now aspersed with treason , but i should really contract the guilt of treason against my countries liberty , and ●ender my name infamous amongst the commons of england to posterity , if i should regard your articles of impeachment , a● an accusation to which i am bound to answer . if i were justly to bee suspected for treason , there could be no legall just proceedings to bring me to my answer , but by ●ndictment of good and lawfull men , where such supposed treasonable deeds were ( a ) d●ne ; and although i were legally ind●cted , the case comes not under your lordships cog●●●ance ; but seeing i am a commoner of england , by the establ●●●●d lawes of the land , my t●●all ought to be by a iudge or iustice , and a ●ury of commo●er● , and no ( b ) otherwise ; and as the 〈◊〉 of those lawes was , that all trials might be equall and unpart●●● ; so they are fo●nded upon these impregnable grounds of reason and equity . 〈◊〉 , the iury are to be of the neighbourhood where any crime is 〈◊〉 , and some ought to be of the same hundred ; for the 〈…〉 , that such may have either some cognizance of the fact , 〈…〉 some circ●mstances thereof , or of the party accused , wh●●● condition and manner of conversation is much to be regarded , for the discovering his intention in any fact supposed to be 〈◊〉 or ●●lony , &c. and the rule of the law is ( c ) a●●us non 〈…〉 rea . 2. the 〈◊〉 that passes upon any commoner one day , may themselves bee in a condition to bee tried by him another day , as one of their iury : and hereby they are bound to indifferency and impartiality , considering it may bee their owne case . 3. the party accused may challeng or except against the iurors ; other against the ( d ) array , if the sheriffe or bayliffe impanelling the iury , bee not wholly desingaged and indifferent , as to the cause : and the party prosecuting , or against the polls ; and in case of treason hee may challenge 35 peremptorily upon his dislike , without rendring the least cause , and as many more as hee can render any reason for his just challenge , as in case he can challenge any for a baron or lord of parliament , or for defect in estate or other abilities , or for disaffection or partiality , or for any infamous crime , and hereby the judges of the fact for the party accused , may certainly be indifferent , equall and impartiall . 4. the matter of fact is onely intrusted to the jury , and the matter of law to the judge , for the preverting all errors , confederacies , or partiality . 5. the iudge is sworne to doe justice to all according to law , without respect of persons , and the iury are sworne to find according to then evidence . now from every of these , the injustice & illegality of your lordships claime , to be both iury and iudges in the tryall of me , or any commoner , is clearly demonstrable . your lordships cannot be of the neighbourhood where the crimes of all commoners are committed , and cannot be presumed to have any cognizance of the facts , or parties offending ; neither do you allow your selves to be tried by commoners , so as to be bound to indifferencie and impartiality , from the knowledge that the commoners whom you would try , might possibly be of a jury for your triall in a short time ; neither can my selfe , or any other commoner whom you would try , challenge in the case of treason thirty five of your house , for your whole house amounts very seldome to that number ; neither will you allow me to challenge any one of your lordships , though i should alledge disaffection , partiality , or that he is an ingaged party , or prosecutor , secretly or openly : neither at present is there any lord high steward , or lord high constable amongst 〈…〉 , to be judge in matter of law , while others should be judges in matter of fact : neither are your lordships sworne to ●udge according to law , or in matter of fact according to evidence . having therefore such infallible euidence both from the statute and common-law , that i ought to be brought to answer to any supposed crime ▪ onely by indictment or presentment of my equals , good and lawfull men of the neighbourhood where the fact is done , and that my triall ought to be by my equalls , and a iudge of the law in open court ; and that the cogni●ance of any crime whereof i am suspected , pe●taines not to your lordships : i am resolved never to betray my owne , and all the commoners liberties , nor to cons●●t to the subverting the fundamentall lawes of the kingdome , by submitting to a t●●all by your house , or to answer to your articles of i●p●a●hment ; but i do● hereby protest against the forme of ●●ur accusation as illegall ▪ and your lordships l●●sdiction over my selfe , or any commoner of england in criminall cases , as b●ing destructive to our fundamentall rights and l●berti●s : and i do● hereby claim the benefit of magna charta ▪ the petition of right , and all other established lawes of the land , which this honourable house , the house of commons and the army under his excellency sir thomas pairsax's command , in all your and their declarations , remonstrances , protestations , oaths and covenants have promised , vowed , and declared , you will maintaine and pres●●● . john maynard . notwithstanding this protest , the lords issued ●orth an order to the lievtenant of the tower , to bring sir iohn to their barre upon ●●br . ●9 . and upon the receipt of a ●●p●e thereof from the lievtenant ▪ sir 〈◊〉 sent this ●ns●ing salvo to his liberty , in p●rsuance of his pr●test against the lords jurisdiction over him . to his honoured friend c●l . ti●hburne lievtenant of the tower . sir . i received a paper from you , seeming to authorize you to carry 〈…〉 the l●rds house , to answer to a charge : and 〈…〉 to inform ▪ you hereby , that my p●r●on ought not 〈…〉 or d●s●●●bed , at the pleasure of any man . 〈…〉 obedience to the commands of any , which are 〈…〉 ther●fore in ●ase you intend to dist●rb me on 〈…〉 to see a ●●●all warrant from some person or 〈…〉 over me ●n case of a 〈◊〉 or 〈…〉 and i m●st 〈…〉 you , that the lords have no legall power to summon me to answer to any crime whereof i am ●ccused or suspected ; and therefore you must expect to answer 〈◊〉 whatsoever injury you offer to my person : and know hereby , that i shall not volunta●ily go from hence to westminster by vertue of the paper received , but shall only quietly suffer you to carry me whither you piease , if you shall send force which i cannot resist . your friend and servant . john maynard . from my chamber in the tower of london , feb. 1● . 1647. but the lords persisted in their order to the lievtenant , although this was sent to them , and debated in their house , and upon febr. 19. sir iohn was brought to their barre , and the speaker pressed him urgently to kneel ; but be s●ewing them as much civill respect as could be desi●●d , refused resolvedly to kneel ; then the doo●● be●ng shut , the speaker asked him whether he had brought his answer ; he answered , he was accused of treason , and could obtaine no counsell , and therefore desired time , that counsell might be assigned him : hereupon he was commanded to withdraw ; but before withdrawing , he ●old the speaker ▪ he hoped he should not be taken pr●co●sesse , for ●ather then so , he would p●t in his answer presently . after withdrawing he was presently called in , ●nd fourteen dai●● time appointed , and m. he●●e , m. ha●es , m. walker and m. king , appointed for his counsell . now i cannot 〈◊〉 observe one desperate mischief ▪ by this pretended court keeping their 〈…〉 they have caused an infamous report to be ●●●●ted abr●●d , that sir 〈◊〉 maynard had now d●serted his protest against their 〈…〉 may be they will the n●xt time report th●t he hath confessed h●mself guilty of treason : ●t's time to se●k for s●●ndalls ●o s●pport their 〈◊〉 int●rest . but i hope no 〈◊〉 man but understands the reason of s●r iohns taking time and counsell ●o answer : every one by law must plead to those before whom he 〈◊〉 accused , or els he is to be taken pro 〈◊〉 , and j●dged accordingly : but every one accused may plead to the jurisdiction of the co●rt , or to the matter of fact , and a plea against the jurisdiction of the 〈◊〉 put in formally ▪ prevents the former mischief ; and therefore sir j●●n must put in a sonmall answer , though it be nothing b●t the substance of his pr●test ; and i bel●●ve the lords shall know , that the gentleman scornes to be a po●●tion , and betray his count●●ys freedom● into their hands . now oye commons of england , behold the foot of your ●iberties in the grave ; this gentleman endeavours to redeem them , if you assist him not , i beseech you consider , 1 how you may be tried for your lives in the lords chambers , with doores shut , if they please , that there may be no witnesse of their arbitrarinesse and injustice . 2 you shall have the lords depraved wills , not the lawes , the rule whereby to measure your wayes , and punishments . 3 you shall be accused , without the least legality , at their pleasure , yea you shall be judged for a new-found crime , and destroyed in your estates without bounds or limits ; yea those nerves and ligaments of the kingdome , the lawes , shall be cut in sunder , and what then shall ●ny man call his owne ? now were it not that i abhorre animosities ▪ and emulations , i would compare sir iohn with l. g. cromwell the causer of his i●peachment ; i onely wish , that any admirer of that gentleman , would discover wherein he ever maintained so faithfully so many liberties of england , as he hath caused to be trampled in the mire in this case of sir iohn maynards , only to fulfill his malicious will upon him : yea wherein hath he defended so many liberties , ( notwithstanding his large ingagements at newmarket ) as the reader may see defended and vindicated by sir iohn maynard ? and yet sir iohn maynard must be reputed a traytor to his cou●trey , and he the grand saviour . i only desire that all the commons , and all those well-meaning souldiers that were made l. g. cromwells instruments to mannage his designe in accusing this gentleman ; i say i only wish , that they would judge by the fruits , and adhere to , or forsake every man , according as they shall finde him faithfull or trecherous to the kingdomes good and welfare . finis . notes, typically marginal, from the original text notes for div a66022e-150 a 〈◊〉 . pol●● . l. 3. c. 10. p. 10● . 2●● . b see 〈◊〉 . hist. 6. p. ●2● . c see hist. ●●bl . l. ● . sect. 20. p. 61 , 62 , 63. d zer . d● lacedem . repub. p. 690. e 〈…〉 . pro rabino . f see me●rour of justice , ● . 21 p. ● . g see parliament dec. of sep 2. ●● 42. 1 part bo●k dec. p. 712. 713. 3. liberty in●rieged . 4. liberty in●rierged . 5. liberty infrienged * this was declared in the pa●l●ament● first remōstra●ce of the state of the kingdom , to be the grand designe of 〈…〉 to absolve the government ●to●● all restrai●t●●●aw●s , and persons , and estates * so cookes exp● . of magna charta . 2. part iust. p. 55. * 〈…〉 2. 〈…〉 55 〈…〉 * 〈…〉 2. 〈…〉 p. 〈…〉 * see corke 1. part . instit. li. 3. ca. 7. sect. 438. fo. 260. * se● the re● . of sep. 2. 1 642. 1 pa●t tooke d●●la p. 693. 6. 〈◊〉 in●ringed . 〈…〉 liberty of england in fr●nged viz the lords claiming a jurisdiction over comme●ers , and v●ndicated by sir joh. maynard . see the 〈◊〉 ma●e 17. ca●oli printed togethe● 〈…〉 2. premise . notes for div a66022e-5020 to ye●d m●●y in la● time whic● cord matte be fou . see coo● part p. 1 ● liberty of england ●●fringed ▪ 〈◊〉 t● accuse a freeman b● way of articles , and t●e l●b. maintained by si●● . m. 9 liberty a england infringed by ning men without an offence , an by no rule , ● the●● owner ●ooks expos. 2● . 〈◊〉 . of a char●● 〈◊〉 45. 4● . 〈◊〉 s●at●● 〈…〉 . ● . 37. ed 3. ● . 3. 3. 〈…〉 jury●● be 〈◊〉 to magna art● , ●●ber ●egalis ho●● , 〈…〉 . he 〈…〉 to the 〈◊〉 where 〈…〉 . he 〈…〉 . he 〈…〉 ▪ 