Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	lord_n	people_n	word_n	2,775	5	4.0281	3	true

Text snippets containing the quad

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

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

you to the best of my remembrance the summe of what passed between the Lords and Sir Iohn Maynard though not so fully as he delivered it yet I dare affirme it to be all the most materiall passages thereof Give me leave to add somewhat by way of justification of Sir Iohn Maynard in this his protesting against the Lords as incompetent Judges and appealing to the common law of the Kingdome First I will plead Reason Secondly Law First Reason Should Sir Iohn Maynard have submitted to the Lords jurisdiction over him he could not have possibly avoided destruction and that for this cause The parties prosecuting Sir Iohn are a few Grandees of the Army and their adherents viz. Those Commons and Lords that joyned with the Army against the other party remaining behind in the House now if two men equally interested have a difference with a third and get him into their power can you imagine that one of these two prevailers can be a competent Judge of the conquered party the other a competent accuser certainly if the accuser be an enemie and the Iudge an enemie too the party to be accused and adiudged cannot in the eye of reason look for other then absolu●e destruction Now this is clearly Sir Iohn Maynards case and the case of all the Lords and Aldermen that were accused and imprisoned for the matter of the charge against them is for doing such and such acts against the Parliament and Army * There can be no treason committed against the Army And if you aske what they meant by Parliament I must needs say the Lords and Commons and who brought a force upon the Lords and Commons why the Lords and Commons and so one party of the Lords and Commons accuse another and because the Law which should be the Vmpire in this businesse cannot do that which they would have it therefore they will devide their forces and one half shall be the accusers and the other half the Iudges and thus what the Law cannot make a crime they will and by this time J know all rationall men will say Sir John had reason to doe what he did in relation to protest against the Lords as incompetent Iudges Secondly Sir Iohn Maynard had not only Reason but Law on his side His plea and protest is grounded upon the established Law of the Kingdome for by law there is but two wayes whereby a mans life can be taken from him viz. either by the customes of the Realm or the Law of the land that is either by Bill of Attainder or Bill of Judictment * But Ordinances of King Lords King and Commons or Lords and Commons are no law of the land See their own Law published in the 2. part of Sir Ed. Cooks inst fol. 47. 48. and 3. part inst fol. 22. and 4. part inst fol. 23. 25. 48. 292. By Law the Lords have no jurisdiction over him as a Commoner he not being their Peer or Equall besides the manner of their proceedings is altogether illegall Articles are nothing in law neither can any man be tryed legally by Articles Nay further suppose it were granted that Sir John were guiltie of the highest Treason that can be imagined yet if there be no established Law whereby his life may be legally taken away he ought not to be destroyed or adiudged by any other way neither by Martiall Law nor Ordinance For where there is no Law there saith the Apostle can be no transgression Nay further their dealing with Sir John plainly demonstrates that it is only a design upon his life seeing there is no colourable ground why they if they intended only the satisfying of Iustice should not have proceeded at first in the ordinary legall way by Bill of Indictment seeing if he be culpable of such crimes as they pretended the common law will take his life with lesse trouble and and more satisfaction to all parties then this underhand dealing whereby they endeavour to iuggle him out of his life Nay further yet their proceedings with Sir Iohn Maynard is altogether illegall in respect that they adiudge that Treason which is not enacted to be Treason by the Statute of the first of Hen. chap 10. Wherein that uncertaine proviso viz. That the Judges in case of any act not particularised and supposed to be Treason should deferre iudgement and transferre the case to the King and Parliament who might declare it Treason c. And enacted that in times to come nothing should be esteemed Treason but what was litterally contained in the Statute of o● 25 Ed. 3. and 2. And in the ● of M. S●… 1. This was againe confirmed that nothing should be adiudged High Treason Petty Treason or Misprision of Treason but what was declared and expressed in the 25. of Edward 3. Chapter 2. c. So that if the pretended Treasons laid unto the charge of Sir Iohn Maynard and the rest of those Gentlemen now imprisoned be not Treason according to the litterall sense of that Statute his or their lives cannot ought not to be taken from them by any way or meanes whatsoever and if they adiudge him or them for any such pretended Treason by any wayes or meanes contrary to the known Lawes and prescript rules thereof it is wilfull murther in the persons adiudging or executing such sentence or punishment And now O yee free people of England J beseech you lay to heart your condition when tyranny rides tryumphant and Iustice goes a begging what can you thinke will be your portion When they domineered over Liev. Col. John Lilburne they then had a seeming pretence for what they did they could cry out he was a factious fellow a Sectarie c. But now you see they cease not to prosecute others which are none of their despised Sectaries Mr. Wildman was never accused with faction nor Sectarisme nor Sir J●hn Maynard neither but yet for all that be he Sectary or no Sectary if he stand in their light and oppose their promotion their ambition leads them to endeavour his destruction And deare Country-men consider by the same rules that the Lords may iudge Sir John Maynard they may iudge another and so 10000. And if any man oppose the Lords usurpations the Commons perfidiousnesse or the Armies Tyranny The Armie or Commons may accuse and the Lords sentence and what the Law will not condemne they will and then farewell all your Lawes and liberties which you have so gallantly comested for And O you Soldiers which say you drew your swords for our defence but now keepe them to make us vassals you that engaged not to disband or divide nor suffer your selves to be disbanded or divided till our and your owne freedomes were secured and yet now contrary to your engagement and declarations strengthen the hands of Tyrants to destroy us and your selves too Oh timely return to your former Principles Cry out for Law and Liberty cry out out for justice till you make the Tyrants tremble