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A87147 The royall quarrell, or Englands lawes and liberties vindicated, and mantained, against the tyrannicall usurpations of the Lords. By that faithfull patriot of his country Sr. John Maynard, a late member of the House of Commons, but now prerogative prisoner in the Tower of London. Being a legall justification of him, and all those other Lords and aldermen, unjustly imprisoned under pretence of treason, and other misdemeanours; the proceedings against them being illegall, and absolutely destructive to Magna Charta, and the petition of right. Also his protest against the Lords jurisdiction over him, and his appeale unto the Common Law, for tryall, proved both reasonable, and legall. / By Sirrahnio, an utter enemy to tyrannie and injustice. Harris, John, fl. 1647. 1648 (1648) Wing H861; Thomason E426_11; ESTC R204576 14,368 16

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for any crime whatsoever that can be laid unto my charge any other way then by the declared and expressed rules of the known and established Laws of the land as is undeniably evident by the expresse words of the Petition of Right which being an English man I Challenge as my Birth Right and inheritance and I rather presume to make this addresse unto this Honourable House because I find upon Record that in the case of Sir Simon De Berisford this Honourable House have engaged never to iudge a Commoner againe because it s against the Law of the Land he not being their Peer or Equall This I humbly leave to the consideration of this Honourable House and take leave to rest Tower February 4. 1647. Your Lordships most humble Servant Iohn Maynard Notwithstanding which letter it appeares the Lords thought Sir John Maynard had but jested when indeed he was in good earnest and being called into the House desired that forasmuch as the Lords assumed to themselves the title of the supream judicature and so ought to be an example unto all other Courts and forasmuch as all other Courts did sit open for all to heare and see that therefore the doores might be opened there being a Lady and Gentlewomen his wife and children and many other worthy Gentlemen at the doore which desired to hear what he had done or for what he was in such a manner accused and proceeded against or words to that purpose To whom answer was returned that it had not been the custome of that House to open the doores since this Parliament to whom Sir John replyed That he was sorry their Lordships had forgot their own honour so much and not observed the custome of their predecessors * See Sir Edw. Cooks 2. part inst which is published for good Law to the whole kingdome by the speciall authority of the present House of Commons Who in his exposition of the first cha of the Statute of Marlebridge fol. 103 ●04 expresly saith That all causes ought to be heard ordered and determined before the Iudges of the Kings Courts openly in the Kings Courts whether all persons may resort And in no Chambers or other private places for the Iudges are not Iudges of Chambers but of Courts and therefore in open Court c. informer Parliaments And he further said my Lords here are many antient and honourable families whom both for former relation and their own vertues I highly honour and it s my grief of heart to heare what the people report concerning you they say my Lords that you act like a Councell Table or High Commission therefore I beseech your Lordships as you tender your own honour let the doores be open●ed and doe not give me cause to wish for the Councell Table againe rather then to see you make good the sayings of the people by such proceedings against me After some other words they commanded him to kneele and heare his charge which he refused and told them that would argue delinquency neither could he receive any charge from them for severall reasons which was contained in a paper which he desired might be read but they refused and commanded him to withdraw which being done after some debate they fined him 500 l. for refusing to kneele at their barre and immediately they called him in and told him that they had fined him and that he must kneele down and heare his charge to which he answered That he did so highly honour their Lordships that he would fall prostrate on his face and let them tread on him Then they told him he must kneele he answered them that he had a very prostrate soule and he would kneele to pray for them that their honours might be preserved and that iustice might run from them as a streame c. which having said he againe rose and came toward the doore offering to take leave of their Lordships but they told him he must heare his charge and commanded it to be read which was done accordingly but when the Cleark began to read Articles Sir John enterrupted him and said my Lords the very first word destroyes all that you have to doe there is the very heigth of illegallity in that word Articles for my Lords there is but two legall wayes to try a man for his life viz. either by Bill of Attainder or Indictment but because the summe of what he spake in relation to that point is contained in his Protest which he left in the House I shall omit that and give you the copie of it verbatum The Plea and Protest of Sir John Maynard Knight of the Bath and a late Member of the Honourable House of Commons delivered by him at the Lords Barre February 5. 1647. THe life of a freeborne man of this Kingdome is not to be tryed but by Bill of Attainder and not to be condemned but either by Act of Parliament upon the said Bill or by the way of an Indictment at the Common law Articles are no Bill for Attainder for a Bill of Attainder must passe both Houses and cannot become an Act of Parliament without the Kings assent By an Ordinance of the 15. of Ianuary last both Houses have resolved and declared to the Kingdome that they will make no further addresses or applycation to the King And therefore sit hence there can be no proceeding by Bill of Attainder to bring on an Act of Parliament I doe pray the benefit of the law of the land the enioyment whereof is declared by the said resolution of the 15. of Ianuary to all the people of this Kingdome Febru 5. 1647 Iohn Maynard After they had locked him into their House and forced him though at their doore to stand till they had read his charge though by him many times interrupted and asking whether they were reading a charge against the Earle of Pembroke which he said was an honest Gentleman and as innocent as he was he was perswaded and answer being returned by the Lievtenant of the Tower that it was a charge against Sir Iohn Maynard he publiquely speake unto them That he neither heard nor took notice of what they did nor said and for his part he protested against all their proceedings as altogether against Magna Charta and the Petition of Right and that he wish't now for the Councell Table againe rather then such proceedings So having made an end of reading his Charge they dismissed him and sent him to the Tower as their prisoner and ordered him fourteen dayes hence to be brought before them againe but to what end no body knowes for let them bee assured they shall never be able with their twenty thousand men to keep up their pretended jurisdiction over Commoners and thereby destroy all our antient lawes and liberties for certainly if we would not be subiect to the unlimited power of the King who was their Creator we will never submit unto six or seaven Lords who are but his Creatures And now having given