Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	lord_n	parliament_n	7,771	5	7.1941	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 London Printed for I. Harris Aug. 11. 1648. A Speech spoken by Sir Iohn Maynard Kt. of the Bath in the honourable House of Commons July 27. 1648. c. Mr. Speaker WEE are called hither as Trustees and Representatives of the PEOPLE and it is our duty to represent to you the grievances of any which are injured or oppressed and to be as carefull of them as of our selves being the essentiall part of our priviledges The Law of the Land is every Englishmans birth-right and you are the Conservators of the Law in which is wrapped up our Lives Liberties and Estates Mr. Speaker without any further preamble or introduction I shall acquaint you briefly with the sufferings of Lieut. Col. John Lilburne who hath been imprisoned two yeares illegally by the Lords who by Law have no jurisdiction over Commoners in criminall cases against their wills About foure yeares since there was a great falling out betwixt Col. King and Lieut. Col. Lilburne his Officer both faithfull men to your service and of high Spirits fierce and resolute The difference grew to such a hight that Lieut. Col. Lilburne complained to his Commander in chiefe the Earle of Manchester that Col. King had betrayed Crowland c. and humbly besought his Lordship to call a Councell of Warre and he would make good his accusation The Earle of Manchester hoping to compose the difference put it off and Lieut. Col. Lilburne persisted but seeing justice delayed he came to London and divulged abroad that Col. King was a Traytor to his trust whereupon Col. King sued him at the Common Law in an action of 2000. l. and Lieut. Col. Lilburne applyed himselfe to the House of Commons and prayed that the whole busines might be heard and tryed at a Councell of Warre by that Ordinance which was established in the Earle of Essex Articles they being both souldiers and having subjected themselves to the Law-martiall for Lieut. Col. Lilburne knew by the letter of the Common Law he was gone it being Treason by the Common Law to hold a Fort or Castle against the King It seemes this busines depended before Judge Reeves who was a faithfull worthy Judge and never descerted the Parliament but adheared when we were in the lowest condition But Lieut. Col. Lilburne being young and hot writ a Letter to Judge Reeves wherein he expressed himselfe in acrimonius language which had better been forborn but in a satyricall way he shewed how he was hardly dealt withall by himselfe and the Earle of Manchester and spake truth in sharpe language viz. That the Judges took many extraordinary Fees which they could not justify by Law and that their proceedings in their Courts were so irregular that no man knew where to find them and that the Earle of Manchester had delayed him justice c. Whereupon he was convented before the Lords the Earle of Manchester being Speaker of the House of Peeres pro tempore his Lordship asked Lieut. Col. Lilburne whether he did not deliveto Judge Reeves such a scandalous Paper Lieut. Col. Lilburne answered that his Lordship was Judge and Party in his own cause that he was in England and not in Spain and the Quere put unto him was like the oath ex officio which proceedings they themselves had condemned as tyrannicall and unjust a little before in his own case and by Law no man ought to be asked such an ensnaring question whereby he might condemne himselfe and that if he had offended the Law was open and therefore he appealed to the House of Commons as his competent Judges being his Peeres and Equals and then delivered his Protest against their jurisdiction VVhereupon he was commanded to withdraw and committed to Prison for so doing Not long after he was sent for a second time before the Lords and commanded to kneel which he absolutely refused as a subjection to their jurisdiction so they remanded him to Prison to be kept close not suffering wife child or any other friend to come to him for the space of three weekes nor suffering him to enjoy the benefit of Pen Ink or Paper After three weeks imprisonment he was again forced before the Lords into whose House he went with his Hat on his head and being there refused to heare his Charge read which was rashly done but you know Master Speaker what Solomon saith Oppression will make a wise man mad but after Lieut. Col. Lilburne had made this one fault for I conceive he had committed none before but that the injustice rested upon the Lords he was fined foure thousand pounds for his contempt and seven yeares imprisonment Vpon the whole matter I beseech you judge in point of Law and Equity whether this was not like a Councel Table or Starchamber sentence And I pray observe likewise the Warrant which the Judges confessed was illegall when Lieu. Col. Lilburne pleaded upon his Habeas Corpus I shall acquaint you with some Presidents that you have relieved Commoners committed by the Lords and fined in this Parliament in the like case Col. King having a difference with the Lord Willoughby of Parham the Lords took upon them to heare the cause against Col. Kings will fined him five hundred pounds and committed him to the Fleet Col. King appealed to the House of Commons and shewed that the Lords had no jurisdiction over him and so was released by the House of Commons and the Fine discharged Captain Mazy under the command of Col. Manwaring being on the Guards who had opened the Commissioners of Scotlands Packets being for the same committed to the Fleet the House of Commons released him and enclined to have rewarded him the case was the same with this And the like proceedings of Master William Larner Bookseller his Brother and Maid But that which is most observable is that Master Richard Overton who affronted the Lords more then Lieut. Col Lilburne and protested to the Lords faces against them at his first comming before them and afterwards appealed to the House of Commons and all the Commons of England and particularly to the Generall and whole Army notwithstanding the Lords approved of his Protestation by their releasing him out of prison without any stooping to them yet Lieut. Col. Lilburne hath lain two yeares and above in prison and all his estate kept from him to the hazard of sterving him his wife and children Master Speaker you have heard the report at large made by

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