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A89000 A speech spoken in the Honourable House of Commons. By Sir Iohn Maynard knight of the Bath, one of the 11. impeached members, wherein he hath stated the case of Lieutenant Colonel Iohn Lilburne, and done him more reall service, in procuring his liberty, then all his seeming friends in the kingdome. Whereunto is annexed the copie of a petition presented August 1. 1648. to the honourable House of Commons, subscribed by neare ten thousand persons, in the behalfe of L.C. John Lilburn, with the answer, orders, and proceedings of the Lords and Commons thereupon. Maynard, John, Sir, 1602-1690. 1648 (1648) Wing M1459; Thomason E458_2; ESTC R205000 8,281 15

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Master Maynard and thereupon you gave him his liberty to follow his affairs though you did not absolutely determine the busines but such is his misfortune that he is since committed by a warrant of this House upon the single information of one Master Masterson a Minister who was not sworn And truly Master Speaker I conceive it one of his greatest sinnes and errors that he hath committed viz. his idolizing this House for he beleeves that you are the Supream Authority and the chiefe Judicatory in representing the People from whom All POVVER is derived according to that Maxim Quicquid efficit tale est magis tale But I have shewed him the contrary as you may find it in the first of Henry the fourth Membrana 14. numero 79. There the Commons made their Protestation that they had no jurisdiction but in making of Lawes and Money matters as granting of Subsidies c. And truly I conceive it not honourable nor just that We that are Legislators should be Administrators or Executioners of justice but to leave these petty things to the Constables Justices and Judges whom we may call to question and punnish if there be occasion Master Speaker I dare not speake against your Warrant for what is past but I pray observe It is a Prison Dore with two Locks and Bolts upon it so that it is impossible the Prisoner should ever get out but dye in Prison Lieut. Col. Lilburne is committed in order to his tryall at Law and yet is debarred all Law for upon his pleading when he had brought his Habeas Corpus the Judges confessed the Warrant to be illegall and yet they durst not release him Secondly The cause is generall which is nothing in Law viz. For treasonable and seditious practises c. But Sir Ed. Cooke tels us the particular Treason is to be expressed and that which is worst of all the word of God doth not warrant it For Festus the Pagan and corrupt Judge who expected a bribe from poore Paul would not send him to Cesar without specifying the cause in his Mittimus It is not in the power of Parliaments to make a Law against the Law of God Nature or Necessary Reason and it was the chiefe cause why Empson and Dudley those Favourites and Privy Councellors to Henry 7. were beheaded as it appeares in the Indictment which you may read in the 4. part Institutes chap. Court of Wards for the subverting the fundamentall Lawes of the Land They had an Act of Parliament for their Indempnity as the 11. of Hen. 7. wherein the Judges were authorized to proceed by information whereas by Law it should have been by Indictment and they were to judge by discretion which was contary to Law for it ought to have been by Juries of 12. men I brseech you for the time to come that we commit none but our own Members and that we avoid these old Counsell Table warrants which runne in generals during pleasure which was the cause of that excellent Law got with so much difficulty called the Petition of Right and that for Abolishing the Starchamber and regulating the Counsell Table is not inferior to it I pray let us remember and apply it to our selves How dangerous and fatal it hath ever been for Kings to extend and stretch their Prerogatives above and beyond Law for the same Fate befell the Counsell-Table Starchamber and High Commission And I pray let us keep our selves within our Sphere and not make our Priviledges Entia transcendentia which are not to be found in any predicament of Law As touching generals I pray remember what you your selves declared in answer to the King in the case of the Lord Kimbolton and the five Members accused and Alderman Pennington Alderman Foulk Col. Ven and Col. Manwaring viz. That it is against the Rules of justice that any man should be imprisoned upon a generall charge when no particulars are proved against them 1 part book Decl. pag. 840 841. But leaving that I shall acquaint you what this brave invincible spirit hath suffered and done for you he was persecuted by the Bishops had five hundred stripes with knotted cords from the Fleet to westminster there he was Pilloried and gagged lay long in a nasty close Prison in Irons without Pen Inke or Paper or any company Alas I cannot remember halfe his sufferings this in his youth when he was but about twenty yeares of Age from which murdering imprisonment this Parliament set him free with Dr. Bastwick c. Shortly after he was questioned for his life at the Lords Barre for asserting the priviledges of Parliaments and was accused by a single witnesse of Treason but he was cleared by other witnesses and discharged by the Lords when the Parliament was to be forced he fought with the Cavaliers and brought many friends to assist in the Court of Requests he was one of the first that took up Armes and behaved himselfe bravely at Keinton where he kept the Field all night Afterwards he fought stoutly at Brainford was taken prisoner and used cruelly and got a pestilentiall Feaver in the Castle of Oxford he was arraigned for his life before Sir Robert Heath and Sir Thomas Gardiner where he asserted the Parliaments cause having the Observator without book and spake more for us then many of us are able to speake for our selves he relieved with money and held up the spirits of his fellow prisoners he resisted strong temptations from severall great Lords who offered him great preferment he was an emminent actor in that famous Battle at Maston Moore and took in Tickhil Castle with only foure Troops of Dragoones and for his paines had like to have been hang'd you must pardon me for injuring him for I am not able to remember halfe his services to the publique For all his sufferings and actings for you I beseech you first take off the marke of your own displeasure which wounds him to the heart Secondly that you would discharge him from the Lords imprisonment And lastly that you would pay him his Arreares and passe the order into an Ordinance for the 2000. l. out of the estates of those which gave that barbarous cruell bloody tyrannicall judgement against him in the Starchamber they are your own expressions in your Vote of May 4. 1648. Master Speaker I have forgot one materiall thing which is this you have allowed Lieutenant Colonel Lilburne forty shillings a weeke but he hath not received a Pennie neither is he in any hope of it for he cannot flatter or comply besides this supposed gift of yours hath almost starved him his friends in the Country thinking he had received it having thereupon withdrawn their benevolence and he and his Family therby exposed to want and misery After Sir Iohn Maynard Commissary Copley c. had several times moved the House to take the busines into consideration the House was pleased to referre it till Tuesday following being August 1. 1648. on which day the Petition