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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