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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	parliament_n	1,836	5	6.6012	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66022	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.	1648 (1648)	Wing W2169A; ESTC R204812	33,799	42

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

●●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

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