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death_n bring_v great_a life_n 6,180 5 4.2335 3 false
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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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estate or condition he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law And in the five and twentieth yeare of Edward the third it was enacted That no man should be before-judged of life or Limbe against the forme of the great Charter and the law of the Land c. And by the great Charter and other the Lawes and Statutes of this Realme No man ought to be adjudged to death but by the lawes established in this Realme viz. either by the customes of the same Realme or by acts of Parliament And the Stattut of the 42. Ed 3. Chap 3 saith thus It s assented ●nd accorded for the good governance of the Commons that no man be put to answer without presentment before justices or matter of Record or by due processe or writt originall according to the old law of the Land And the Statut of 25 Ed saith That no man shall be taken by Petition or suggestion made to the King or his Councell unlesse it be by indictment or presentment of his good and Lawfull people of the same neighbour hood where such deeds be done in due manner or by processe made by writt originall at the Common Law see the Statute of 37 of Ed 3. c. And the Stattute of the 1 and 2 of Philip and Mary Chap. 10. expresl● saith That all treasons shall be tryed according to the course of the Common Law And ●y ●he Statute of the first of Ed 6. C. 12. and 5 and 6 of Ed 6. C. 11. It is enacted that no man shall be accused and adjudged for treason without the testimony of two sufficient witnesses according to the forme of the Law All which Lawes and customes are claimed and challenged as the Englishmans inheritance by the Parliament held in the 3-yeare of our present King in the Petition of Right See F●… P●…s collections printed cum privilegio 1640. pag 1431 1432 1433 1434. Now let us examine whether our Grandees have made good their late resolutions of ●●● fifteen The Law saith no man shall be taken by Petition or suggestion made to the King or his Councell and the Parliament calls ●hemselves the Kings grand Councell And yet L Col. Lilburne and Mr. Wildman upon the single information of Mr. Mastersons have since been committed one to the Tower the other to the Fleet and no legall crime laid to their charge nor no witnesses appearing or being examined whereby the least coulourable crime could be made out against them 2. The Law saith no man shall be adjudged or condemned or otherwise destroyed but by judgement of his Peers or the Law of the Land nor no man shall be put to death without being brought to answer by due processe of Law and further No man ought to be adjudged to death but by the lawes established in this Realme viz. either by the customes of the said Realme or by act of Parliament c. But contrary to these Lawes they haue imprisoned Sr. Iohn Maynard a Member of the House of Commons and detained him in Prison twenty weeks without shewing any cause more then their will and pleasure and also contrary to Law and equity have transferred him up to the Lords to be tryed for his life giving and acknowledging the Lords a ju●risdiction over the Lives and estates of Commoners notwithstanding that by the Great Charter it is provided that no Commoner shall be adjudged for life or limbe any otherwise then by the judgement of his Peers or equals viz. men of his owne condi●ion Now that you may clearely understand the state of Sr. Iohn Maynards case in relation to his commitment and contest with the Lords I will in every particular give you an account according to that certaine information which I have received together with my own knowledge being an observer of most passages therein But first-be pleased to take notice That Sr. Iohn Maynard was one of the eleven Members which was accused by the Army and the very gentleman against whom L. G. Crumwell confessed at Colbrook that they had nothing but only desired that he might be put in among the rest because he was a busie man against him and his friends and of this both my selfe and many more are witnesses 2ly Take notice that though the greatest number of the eleven impeached members had liberty to travell yet he was commanded to be taken into custody during pleasure and it pleased them to keep him prisoner twenty weeks without shewing any cause but after that they had brought their designes about and got the strength of the City into their hands then they cast about how to make him an example of their fury Iustice I cannot call it to affright the Citizens and finding that by no legall course this could be effected they combined together to frame Articles of impeachment against him and transferred him to the House of Lords to try him by Ordinance hoping that Sr. Iohn would have submitted to the Lords jurisdiction over him a Commoner and yeelded to their judgement which if they could have effected doubtlesse such is the malice of his implacable enemy L. G. Crumwell should have been death that so he might have been made a President for such proceedings by Ordinance against the Lives of men and then by the very same rule L. Col. Lilburne Mr. John Wildman or any other whatsoever that shall appeare an enemy to their tiranny or injustice might in the same manner have been accused by the Commons and adjudged by the Lords who are parties in tyranny and injustice and by this meanes no man be left free but all men be made vassals to the corrupt wills of knaves and Persidious Parasites 2ly But to come close to the matter There hath been and at this time is three parties in the House of Commons first a Royall party 2. A Reall party 3. An hypocriticall party or if you please thus a Party for the King a party for the Scotch Presbytery and a party for party Royall partly reall Independency For the Royall or Kingly party they have been crushed by the power and prevalency of the two other parties and those that have remained have been forced to shrowd themselves under the maske of Presbyteratus though Royall not reall ones For the second though it is to be feared there were too few Reall Presbyters namely men meerely godly and conscientious and that sought the good of their Country yet by the assistance of those seeming Friends the Royall Presbyters they were enabled to hold the third party to hard meat and maugre all the secret machinations of their opposers did with a high hand keep up their owne interest which the Royall Independent party grieving at and repining at subtilly closing with those reall Independent Members and secretly infusing Principles of dislike unto the deportment of that party into them they never left insinuating till they