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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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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
hereunto annexed was by severall eminent Citizens presented to the Honourable House of Commons after a motion made in the House by the Lord Car who exceeding nobly of his own accord appeared in his behalfe being a meer stranger to him and having no other inducement thereunto then his love to justice and an heroick sympathy with him in his unparralleld sufferings TO The honourable the Commons of England IN PARLIAMENT Assembled The humble petition of divers wel-affected Citizens and others in the behalfe of Lieutenant Colonel Iohn Lilburne prisoner in the Tower of LONDON Sheweth THat the general good of the whole Nation is so much concerned in the honour and good repute of Parliaments that although in our understandings we have received no satisfaction for the long destructive imprisonment of Lievtenant God Lilburn yet we chose rather to be silent in the same expecting from time to time his enlargement by this Honourable House then by our Petitions to intercede in his behalfe But observing not only his own endeavours and dayly solicitations to be fruitlesse but that whilest he sought his Freedome from the imprisonment of the Lords he became A prisoner unto you and perceiving many of his greater Friends in whom he much trusted as changed with time turned their backs upon him and that many of the common enemies made advantage by the hard usage of so eminent a friend to alienate the hearts of the People from you and which as we feare hath had no small influence in those unhappy Risings and Revolts that have been seen of late against you We hereupon judged our selves bound in duty and conscience both to you and him at this time to break our silence and to testify before this honourable House that we verily believe there is no declination in him from those just Principles that induced him to oppose the tyrannous proceedings of the Starchamber and for which he under-went so cruell a Whipping Gagging and imprisonment as this honourable House voted to be illegall against the liberty of the Subject and also barbarous bloody wicked cruell and tyrannicall and that he ought to have good Reparations therefore Neither do we believe there is any alteration in him from that judgement and affection that in defence of the just Authority of this honourable House induced him so freely to venture his life and spend his blood at Westminster when first this House was in most danger or after that at Keinton Battle and Brainford whence he was led Captive in a most barbarous manner to Oxford where he was so many wayes in danger of his life that had not this honourable House at that time manifested a most tender regard unto him he had certainly perished We also professe our selves fully perswaded that as he afterward most thankefully valiantly and successfully again adventured his life for the just liberties of the Common-wealth so if occasion should minister opportunity he would evidence himselfe still to be the same he then was And concerning his demeanour before the Lords and for which they sentenced him 4000l seven yeares imprisonment and incapable of bearing any Office in the Common wealth during his life when you shall please to consider that he really lookt upon himselfe as injured in all their proceedings with him and not only so but that if he should in the least circumstance or civil complement have owned their authority over him being a Commoner that therein he should have betrayed those common known liberties of the Nation for which he had so freely spent his blood and so many wayes adventured his life inasmuch as in him was subjugated all the men and women in England to the illegall summons attachments sentence fines and imprisonments of the Lords and when you shall be pleased to mind the late strong allegations of Sir Iohn Maynard Sir Iohn Gayer Alderman Adams Alderman Langham and Alderman Bunce whereby it clearely appeareth that the Law of the Land appoints another way for the Tryals of Commoners and upon all which allegations they are all enlarged we trust his demeanour before the Lords will evidently appeare to be no wayes criminall And concerning the cause of his commitment by you when you shall consider how probable it was that the party informing was transported in his apprehension of things never intended the whole company present except the Informer all wel-affected persons being ready to depose upon Oath that there was not the least evil mentioned as by a Petition long since presented to this House is manifest when you shall consider how hard and uncertain a condition it is for him and in him for all the People of this Nation to be made lyable by any Authority whatsoever to be attached and imprisonned upon generall accusations which in Law are no crimes as Judge Bacon and Judg Rols in the open Court lately declared in his case the particular offence being of right to be incerted in every Warrant of Commitment by whomsoever when you shall please to consider that all commitments of right ought to referre to a speedy tryall at Law and not during pleasure as your commitment to him hath proved which is another hard condition we are all made subject to in his case When with serious deliberation you shall weigh these things and what it is for a man born of a generous parentage that hath done and suffered so much for the liberties of his Country and for defence of this Parliament to be made a prisoner for no lesse then 7. yeares by the Lords who have no jurisdiction over him and appealing to the House of Commons who ought to be the refuge of Commoners not only not to be relieved but by them upon mis information and that by one single person to be as it were rivited in prison to continue above two of those 7. yeares as he hath done forcibly with-held from a legall Tryall though continually cryed out for by him to have his dearly purchased Arreares and Voted Reparations to a great value held from him whilst in seeking the same he hath spent nigh halfe the value to the great indebting of himselfe as he confidently averreth and all this time to have no allowance to maintain himselfe his wife and children but that they must either starve or depend upon the uncertain and to a free and ingenious mind the unwelcome charity of compassionate People and that also to be taken from him by your voted allowance of thirty shillings per weeke whereof no one pennie hath been paid as he is ready to testify and was enforced to make known or had perished so much his friends depended thereupon as well they might being by some mens art confidently published in severall of the weekly Pamphlets When you shall seriously lay these things to heart and judge impartially thereof as if his case were one of yours we cannot but confidently hope his instant enlargement with full possession of all that hath of a long time been due unto him and that he shall receive such further respect as may encourage him and all others in the wayes of publique vertue fidelity and resolution All which we most earnestly entreat again professing from our very hearts we see no cause in him but that the affection of this Honourable House may justly be the same towards him as it was when they voted him worthy of reparations for his cruel suffering by Starchamber or delivered him from his many dangers at Oxford And which being added unto those would bind both him and us and all well affected People in constant affection and service to this honourable House But if this for reasons we cannot discern shall not be granted we yet humbly entreat that you would he pleased forthwith to order him a speedy and legall tryall by twelve sworn men according to the known Law of the Land a justice not to be denyed to Traytors Vagabonds or your worst of enemies But if this also shall be denyed by a Parliament of England as our hearts will not give us leave to imagine we shall not then well know what to do unlesse it be to bewaile his sad condition and ours in him This Petition being read in the House having nigh ten thousand hands to it the House of Commons in answer made these following Orders Die Martis 1. August 1648. ORdered by the Commons Assembled in Parliament that the Order of Restraint of Lieutenant Colonell John Lilburn be taken off and discharged Ordered that a Message be sent to the Lords expresly to recommend Lievtenant Colonel Lilburne and to desire them to take off their hands of restraint from him and that the Lord Car carry up the Message Mr. Copley Sir Iohn Maynard Mr. Holland Col. Ludlow the Lord Car Sir Peter Wentworth and Col. Boswel Ordered that it he referred to this Committee to consider how Lieutenant Colonel Lilburne may have satisfaction and allowance for his sufferings as was formerly Voted Ordered that it be recommitted to the Committee of Accounts to state the Accounts of Lieutenant Colonel Iohn Lilburne Ordered that a Conference be desired by the Lord Car where Sir Iohn Maynard and Master Copley are to manadge the Conference with the Lords for the enlargement of Lieutenant Colonel Iohn Lilburne Hen. Elsing Cler. Parl. D. Com. The House of Commons having to the great contentment of the petitioners and all other wel-affected persons passed the foregoing Orders the next day the Lord Car to whom together with Sir John Maynard Mr. Copley c. Mr. Lilburn is deeply engaged for their faithfull and constant endeavours for his liberty carryed up the desire of the House of Commons to the House of Lords whereupon they immediatly made this ensuing Order Die Mercurii 2. Aug. 1648. ORdered by the Lords in Parliament assembled that Lieutenant Colonel John Lilburne now a prisoner in the Tower of London hath all the restraint of this House hereby taken off from him and that the Fine sentence imposed upon him by their Lordships is likewise taken off him any former proceedings of this House in any wise notwithstanding John Brown Cler. Parl.