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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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The royall Quarrell OR Englands Lawes and Liberties vindicated and maintained 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 SIR RAHNIO an utter enemy to tyrannie and injustice London Printed for Ja. Hornish February 9. 1647. THE ROYALL QUARREL Or Englands Laws and Liberties defended and maintained against the usurpations of the Lords By that worthy Patriot of his Country Sr. Iohn Maynard a late Member of the House of Commons c. Gentle Reader QVimulta inquirit est industrius sed qui nihil curat torpidu● est et qui nihil perc●pit stupidus c. He that searcheth out many things is industrious but he that cares for nothing is slow and dull and he that perceives nothing stupid or sencelesse And truly now in these our dayes Ignorance is made the mother of dev●tion he esteemed the wisest man that knows the least England is Antipodized and every vertue hath met a contrary in stead of real righteousnesse formall professions avarice and oppression in stead of charity and compassion grace is become a banquerout and up start greatnesse playes the T●rant plain-dealing is dead and flattery hath the chiefe preferment knaves are respected and honest men persecuted truth and loyalty is esteemed Treason Law is become lust and to be honest and open hearted is the only crime Oh stupied generation who hath bewitched you Are Englishmen become like Esops Frogs Are you weary of enjoying the benefit of Law that you are so forward to lend your aid to destroy it Have you so freely drawn your swords against the Tirany of one and will you subject your selves nay lend your lands to set up a hundred Ti●ants will you stand still and see your friends and fellow sufferers that joyned with you in your late cries for justice and freedome and with all their might laboured to preserve you from being inslaved they that with the hazard of their lives and losse of their bloods always both in publique and private opposed all arbitrary power whatsoever whether in the King Parliament or Army will you I say stand still and see them made presidents of your own ruine can you be so sottish to fancy security to your selves if you let them suffer If the law be not binding in one particular it cannot in another and if it protect not one it cannot protect another Have you not seen injustice trample upon your lawes and Tiranny envassalize the persons of your friends Hath not will prevailed against reason and the lust of a prevailing faction been made your law and are not ●ll these actings become so many presidents whereby you and all the free borne people of England shall be made slaves unto futurity May not another party whether forraigne or domestique prevailing by power or policy justifie their imprisoning mens persons during pleasure and without laying any particular crime according to Law to their charge by the proceedings of Parliament against L. C. Lilburne and Mr. Iohn Wildeman May they not if they be stronger then we give us Laws and force us to submit unto the dictates of their own wils and tell us if we complaine our owne Army did as much which were our servants Surely friends did you but really consider the evill consequence of these actings you would stand amazed and wonder at your stupidity Have you not had examples enough within this seven yeares Have not you been vexed and perplexed with the Arbitrary proceedings of Commitiees whereby your very Property and liberty was destroyed what part of your estates could you or can you call your own what Law can take place against their wills for your protection and notwithstanding all their Declarations and solemne imprecations whereby they call the great God of Heaven and Earth to beare record that they had no other marke before their eyes then the preservation of the established Law of the Land and the peace and prosperity of this Nation yet as if they thought England had no Remembrancer nor Israel no God they have falsified all engagements and to keepe up their rotten Interest have levelled our Lawes and are become Antimagistratticall Antijusticiaries and absolute Tirants ruling by power and policy not by reason or honesty Sed vindex erit Deus populi sui The just God will be the avenger of his People and it is not twenty thousand armed men that can secure a Tyrant Conqueror muchlesse tyranicall Statist's being but so many trustees for the peoples good not ruine Magistratus velle non debet nisi quod publieè expediat The Magistrate ought not to will or command any thing but what is expedient for the publique good so saith the scripture The Magistrate is the minister of God to thee for Good c. and not for evill for preservation not for destruction and when any person or persons in power act not according to that rule the very end of their power is subverted and they degenerate from the very essence of Magistracy and become Tyrants But not to draw out time any longer in discovery of generalls I come now to the present particular grievance which though two or three particular persons suffer under yet every individuall Englishmans interest is involved and bound up in their sufferings But first give me leave to enforme you and I desire that you will alwayes heare in mind that the Parliament have constantly pretended to endeavour the preservation of the established Laws of the Land contained in Magna Charta and the Petition of Right especially those that concerne the peoples freedomes and amongst their resolutions of Ian. 15. 1647 they have declared their resolutions to preserve unto the people of England their established Lawes although they make no more addresses to the King But how they have proceeded in performing those declared resolutions made so lately be your own judges In the 29th Chap of Magna Charta it is enacted That no feeeman shall be taken ●● imprisoned or be deseized of his freehold or liberties or free Customes or be out lawed or any otherwise destroyed nor will we not passe upon him nor condemne him but by Lawfull iudgement of his Peeres or by the Law of the Land we will sell to no man we will deny to no man we will not deny or deferre to any man either justice or right c. And in the eight and twenty yeare of the Raigne of King Edward the third it was declared and enacted by authority of Parliament That no man of what 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