







 
   
     
       
         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 
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A66022
         Wing W2169A
         ESTC R204812
         99834954
         99834954
         39605
         
           
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         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. 
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        2007-02 pfs
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           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
             〈…〉
             ▪
             
          
        
      
      
  

