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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
let them know that you scorn to serve their lawlesse ambition and that it was for the secuting you liberties lawes which you ven●ered your lives for could we but see you acting for our deliverance we should with joy labour to maintaine you but it is a double misery to be enforced to toyle and take paines to keepe an Army to destroy us Act then at English-men and doe not suffer your selves to be guld into a slavery And lastly O ye Lords and other the Grandees of the Commons and Army that like Iohn drive on furiously to meet your ruine remember the actings of your predecessors the Prelats Councell table High Commission and Star-Chamber are they not all buried in the Tophet of shame and confusion and if you walk in their wayes shall you not receive their reward yes surely the wicked shall perish in their owne imagination and their names shall be forgotten forever And now O Cromwell if thou hast either honesty or integrity left observe how the Lord traceth thee in thy secret walkings and while their is hope re●●● and do thy first workes seek not not to build thy honour up in blood for it will choak thy of-spring and make thy name most odious the dayly imprecations of the innocent injured friends of those which thou destroyest wil be a terour and affright thy soule O labour therefore to be good as great and lay aside ambition for Cui usui immensae divitiae malè parta malè dilabuntur to what use serves excessive wealth or riches since what is ill got is often as ill spent What will it profit thee to gaine the whole world and loose thy owne soule Postscript LOving friends whether Reall Presbyterians or reall Independents or others all you that are unbiased and act not meerly for your owne ends you that desire the peace of England and would not by your Neutrallity become accessary to your own and Englands destruction now if ever now if ever appeare for the vindication of your freedomes oh consult your own safety stand not on slender Punctillo's but unite speedily in principles of common concernment what will it advantage you to see those that are of a contrary party made presidents for your ruine if the law be not a protection to your supposed enemy it cannot be a protection to you for by the same rule that one is imprisoned contrary to law another and another may and if one may be imprisoned contrary to law only because an Army or a few envious ambitious persons will have it so by the same rule if they please they may accuse all the rich men in the Kingdome and make every man that hath money a Traytor and set up Judges sutable to their owne wils which shall not dare to disobey them and then we shall be sure to have a rich Army and a bloody Parliament but a beggerly destroyed Nation Gentlemen consult with reason and be not swaid with interest any longer Sir John Ma●nards case is yours yea and every individuall English man in this Nation and if he suffer by this contest and fall into the hands of his and your enemies rest assured he leades but the way to which you must follow for the same principle that leades them to endeavour his ruine will direct them to your also if ever you shall appeare an enemy to their tyranny Therefore I beseech you lay aside all disputes and joyn as one man in vindicating his and your owne liberties let us as one man in vindicating his and our own liberties let us as one man goe up to the House of Commons and demand Sir Iohn Maynard and the rest of our imprisoned friends to be delivered up unto a legall tryall according to the law suffer not your lawes to become uselesse and your selves to be made the worst of slaves viz. To be subject to ruine at the pleasure of a few Tyrants And it is worthy your observation that there are at this time above threescore in the House of Commons and many in the house of Lords which are guilty of the very same crimes which they accuse the Lord Willowby Sir Iohn Maynard and the late Lord Mayor and Aldermen withall nay further they have since voted and acknowledged that to be a Parliament which sate during the Speakers absence and if a parliament their actions and commands were as legall as theirs now and whosoever acted or did any thing by vertue thereof ought what ever happen to be secure it being their own principle That he who guids himselfe by the determination of Parliament ought not to be condemned but to rest secure c. And if those which obeyed the command of Parliament then be now lyable to question by the same rule they that shall obey now if another party prevaile are or may be lyable also and then who can with safety obey the commands of Parliament if this proceeding be once drawn into president And therefore as you are Englishmen act wisely and speedily for the preservation of the due power of Parliaments and let not one faction thus domineer to the ruin of your selves and Countrey J beseech you Gentlemen act vigorously and couragiously for the securing of Englands freedomes or else resolve to live Slaves and dye Beggers FINIS