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. This text is an enriched version of the TCP digital transcription A89000 of text R205000 in the English Short Title Catalog (Thomason E458_2). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 28 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A89000 Wing M1459 Thomason E458_2 ESTC R205000 99864447 99864447 116676 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A89000) Transcribed from: (Early English Books Online ; image set 116676) Images scanned from microfilm: (Thomason Tracts ; 73:E458[2]) 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. 16 p. Printed for I. Harris, London : Aug. 11. 1648. Reproduction of the original in the British Library. eng Lilburne, John, 1614?-1657 -- Early works to 1800. England and Wales. -- Parliament -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A89000 R205000 (Thomason E458_2). civilwar no 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 h Maynard, John, Sir 1648 4775 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-05 Pip Willcox Sampled and proofread 2007-05 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion 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 Master Maynard , and thereupon you gave him his liberty to follow his affairs , though you did not absolutely determine the busines ; but such is his misfortune . that he is since committed by a warrant of this House , upon the single information of one Master Masterson a Minister , who was not sworn : And truly Master Speaker , I conceive it one of his greatest sinnes and errors that he hath committed , viz. his idolizing this House , for he beleeves that you are the Supream Authority , and the chiefe Judicatory , in representing the People , from whom All POVVER is derived , according to that Maxim * Quicquid efficit tale , est magis tale : But I have shewed him the contrary , as you may find it in the first of Henry the fourth , Membrana 14. numero 79. There the Commons made their Protestation that they had no jurisdiction but in making of Lawes , and Money matters , as granting of Subsidies , &c. And truly I conceive it not honourable , nor just , that We , that are Legislators , should be Administrators or Executioners of justice ; but to leave these petty things to the Constables , Justices and Judges , whom we may call to question , and punnish if there be occasion . Master Speaker , I dare not speake against your Warrant , for what is past ; but I pray observe , It is a Prison Dore with two Locks and Bolts upon it , so that it is impossible the Prisoner should ever get out , but dye in Prison . Lieut. Col. Lilburne is committed in order to his tryall at Law , and yet is debarred all Law ; for upon his pleading , when he had brought his Habeas Corpus , the Judges confessed the Warrant to be illegall , and yet they durst not release him : Secondly , The cause is generall , which is nothing in Law , viz. For treasonable and seditious practises , &c. But Sir Ed. Cooke tels us the particular Treason is to be expressed , and that which is worst of all , the word of God doth not warrant it : For Festus the Pagan and corrupt Judge , who expected a bribe from poore Paul , would not send him to Cesar without specifying the cause in his Mittimus . It is not in the power of Parliaments to make a Law against the Law of God , Nature , or Necessary Reason : and it was the chiefe cause why Empson and Dudley , those Favourites and Privy Councellors to Henry 7. were beheaded , as it appeares in the Indictment , which you may read in the 4. part Institutes , chap. Court of Wards , for the subverting the fundamentall Lawes of the Land : They had an Act of Parliament for their Indempnity , as the 11. of Hen. 7. wherein the Judges were authorized to proceed by information , whereas by Law it should have been by Indictment , and they were to judge by discretion , which was contary to Law , for it ought to have been by Juries of 12. men . I brseech you for the time to come that we commit none but our own Members , and that we avoid these old Counsell Table warrants , which runne in generals , during pleasure , which was the cause of that excellent Law , got with so much difficulty , called the Petition of Right , and that for Abolishing the Starchamber , and regulating the Counsell Table , is not inferior to it . I pray let us remember and apply it to our selves : How dangerous and fatal it hath ever been for Kings to extend and stretch their Prerogatives above and beyond Law : for the same Fate befell the Counsell-Table , Starchamber , and High Commission . And I pray let us keep our selves within our Sphere , and not make our Priviledges , Entia , transcendentia , * which are not to be found in any predicament of Law . As touching generals , I pray remember what you your selves declared in answer to the King , in the case of the Lord Kimbolton and the five Members accused , and Alderman Pennington , Alderman Foulk , Col. Ven , and Col. Manwaring , viz. That it is against the Rules of justice that any man should be imprisoned upon a generall charge , when no particulars are proved against them , 1 part book Decl. pag. 840 , 841. But leaving that , I shall acquaint you what this brave invincible spirit hath suffered and done for you : he was persecuted by the Bishops , had five hundred stripes with knotted cords , from the Fleet to westminster , there he was Pilloried , and gagged , lay long in a nasty close Prison in Irons , without Pen , Inke , or Paper , or any company : Alas ! I cannot remember halfe his sufferings : this in his youth , when he was but about twenty yeares of Age , from which murdering imprisonment this Parliament set him free , with Dr. Bastwick , &c. Shortly after he was questioned for his life at the Lords Barre , for asserting the priviledges of Parliaments , and was accused by a single witnesse of Treason , but he was cleared by other witnesses , and discharged by the Lords : when the Parliament was to be forced , he fought with the Cavaliers , and brought many friends to assist in the Court of Requests , he was one of the first that took up Armes , and behaved himselfe bravely at Keinton , where he kept the Field all night : Afterwards he fought stoutly at Brainford , was taken prisoner , and used cruelly , and got a pestilentiall Feaver in the Castle of Oxford : he was arraigned for his life before Sir Robert Heath , and Sir Thomas Gardiner , where he asserted the Parliaments cause , having the Observator without book , and spake more for us , then many of us are able to speake for our selves : he relieved with money , and held up the spirits of his fellow prisoners ; he resisted strong temptations from severall great Lords , who offered him great preferment ; he was an emminent actor in that famous Battle at Maston Moore , and took in Tickhil Castle with only foure Troops of Dragoones , and for his paines had like to have been hang'd ; you must pardon me for injuring him , for I am not able to remember halfe his services to the publique . For all his sufferings and actings for you , I beseech you first take off the marke of your own displeasure , which wounds him to the heart . Secondly , that you would discharge him from the Lords imprisonment . And lastly , that you would pay him his Arreares , and passe the order into an Ordinance for the 2000. l. out of the estates of those which gave that barbarous , cruell , bloody , tyrannicall judgement against him in the Starchamber , they are your own expressions in your Vote of May 4. 1648. Master Speaker , I have forgot one materiall thing , which is this ; you have allowed Lieutenant Colonel Lilburne forty shillings a weeke , but he hath not received a Pennie , neither is he in any hope of it , for he cannot flatter , or comply , besides this supposed gift of yours hath almost starved him , his friends in the Country thinking he had received it having thereupon withdrawn their benevolence , and he and his Family therby exposed to want and misery . After Sir Iohn Maynard , Commissary Copley &c. had several times moved the House to take the busines into consideration , the House was pleased to referre it till Tuesday following , being August 1. 1648. on which day the Petition hereunto annexed , was by severall eminent Citizens , presented to the Honourable House of Commons , after a motion made in the House by the Lord Car , who exceeding nobly of his own accord , appeared in his behalfe , being a meer stranger to him , and having no other inducement thereunto , then his love to justice , and an heroick sympathy with him in his unparralleld sufferings . TO The honourable the Commons of England IN PARLIAMENT Assembled . The humble petition of divers wel-affected Citizens , and others , in the behalfe of Lieutenant Colonel Iohn Lilburne , prisoner in the Tower of LONDON . Sheweth , THat the general good of the whole Nation is so much concerned in the honour and good repute of Parliaments , that although in our understandings we have received no satisfaction , for the long destructive imprisonment of Lievtenant God , Lilburn ; yet we chose rather to be silent , in the same , expecting from time to time his enlargement by this Honourable House , then by our Petitions to intercede , in his behalfe . But observing not only his own endeavours , and dayly solicitations to be fruitlesse but that whilest he sought his Freedome from the imprisonment of the Lords , he became A prisoner unto you ; and perceiving many of his greater Friends , in whom he much trusted ( as changed with time ) turned their backs upon him , and that many of the common enemies made advantage by the hard usage of so eminent a friend , to alienate the hearts of the People from you , and which , as we feare , hath had no small influence in those unhappy Risings and Revolts that have been seen of late against you . We hereupon judged our selves bound in duty and conscience both to you and him , at this time to break our silence , and to testify before this honourable House , that we verily believe there is no declination in him from those just Principles that induced him , to oppose the tyrannous proceedings of the Starchamber , and for which he under-went so cruell a Whipping , Gagging , and imprisonment , as this honourable House voted to be illegall , against the liberty of the Subject , and also barbarous , bloody , wicked , cruell , and tyrannicall , and that he ought to have good Reparations therefore . Neither do we believe there is any alteration in him , from that judgement and affection that in defence of the just , Authority of this honourable House , induced him so freely to venture his life , and spend his blood at Westminster , when first this House was in most danger ; or after that at Keinton Battle , and Brainford , whence he was led Captive in a most barbarous manner to Oxford , where he was so many wayes in danger of his life , that had not this honourable House at that time , manifested a most tender regard unto him , he had certainly perished . We also professe our selves fully perswaded , that as he afterward most thankefully , valiantly , and successfully again adventured his life , for the just liberties of the Common-wealth , so if occasion should minister opportunity , he would evidence himselfe still to be the same he then was . And concerning his demeanour before the Lords , and for which they sentenced him 4000l . seven yeares imprisonment , and incapable of bearing any Office in the Common wealth during his life : when you shall please to consider that he really lookt upon himselfe as injured in all their proceedings with him ; and not only so , but that if he should in the least circumstance , or civil complement , have owned their authority over him , being a Commoner , that therein he should have betrayed those common known liberties of the Nation , for which he had so freely spent his blood , and so many wayes adventured his life , inasmuch as in him was subjugated all the men and women in England to the illegall summons , attachments , sentence , fines , and imprisonments of the Lords : and when you shall be pleased to mind the late strong allegations of Sir Iohn Maynard , Sir Iohn Gayer , Alderman Adams , Alderman Langham , and Alderman Bunce ; whereby it clearely appeareth , that the Law of the Land appoints another way for the Tryals of Commoners , ( and upon all which allegations they are all enlarged ) we trust his demeanour before the Lords will evidently appeare to be no wayes criminall . And concerning the cause of his commitment by you , when you shall consider how probable it was , that the party informing was transported in his apprehension of things never intended , the whole company present , except the Informer , all wel-affected persons , being ready to depose upon Oath , that there was not the least evil mentioned , as by a Petition long since presented to this House , is manifest — when you shall consider how hard and uncertain a condition it is for him , and in him , for all the People of this Nation to be made lyable ( by any Authority whatsoever ) to be attached and imprisonned upon generall accusations , which in Law are no crimes , as Judge Bacon and Judg Rols in the open Court lately declared in his case , the particular offence being of right to be incerted in every Warrant of Commitment , by whomsoever — when you shall please to consider that all commitments of right ought to referre to a speedy tryall at Law , and not during pleasure , as your commitment to him hath proved , which is another hard condition we are all made subject to in his case . When with serious deliberation you shall weigh these things , and what it is for a man born of a generous parentage that hath done and suffered so much for the liberties of his Country , and for defence of this Parliament , to be made a prisoner for no lesse then 7. yeares by the Lords , who have no jurisdiction over him : and appealing to the House of Commons , ( who ought to be the refuge of Commoners ) not only not to be relieved , but by them , upon mis information , and that by one single person , to be as it were rivited in prison , to continue above two of those 7. yeares , as he hath done , forcibly with-held from a legall Tryall , though continually cryed out for by him : to have his dearly purchased Arreares , and Voted Reparations , to a great value held from him , whilst in seeking the same he hath spent nigh halfe the value , to the great indebting of himselfe , as he confidently averreth : and all this time to have no allowance to maintain himselfe , his wife and children , but that they must either starve , or depend upon the uncertain ( and to a free and ingenious mind , the unwelcome ) charity of compassionate People , and that also to be taken from him , by your voted allowance of thirty shillings per weeke , whereof no one pennie hath been paid , as he is ready to testify , and was enforced to make known , or had perished , so much his friends depended thereupon , ( as well they might ) being by some mens art , confidently published in severall of the weekly Pamphlets . When you shall seriously lay these things to heart , and judge impartially thereof , as if his case were one of yours , we cannot but confidently hope his instant enlargement , with full possession of all that hath of a long time been due unto him , and that he shall receive such further respect as may encourage him , and all others in the wayes of publique vertue , fidelity , and resolution . All which we most earnestly entreat : again professing from our very hearts , we see no cause in him , but that the affection of this Honourable House may justly be the same towards him , as it was when they voted him worthy of reparations for his cruel suffering by Starchamber , or delivered him from his many dangers at Oxford — And which being added unto those , would bind both him and us , and all well affected People in constant affection and service to this honourable House . But if this ( for reasons we cannot discern ) shall not be granted , we yet humbly entreat that you would he pleased forthwith to order him a speedy and legall tryall by twelve sworn men , according to the known Law of the Land ; a justice not to be denyed to Traytors , Vagabonds , or your worst of enemies . But if this also shall be denyed , by a Parliament of England , ( as our hearts will not give us leave to imagine ) we shall not then well know what to do , unlesse it be to bewaile his sad condition , and ours in him . This Petition being read in the House , having nigh ten thousand hands to it , the House of Commons in answer , made these following Orders . Die Martis , 1. August , 1648. ORdered by the Commons Assembled in Parliament , that the Order of Restraint of Lieutenant Colonell John Lilburn , be taken off , and discharged . Ordered that a Message be sent to the Lords , expresly to recommend Lievtenant Colonel Lilburne , and to desire them to take off their hands of restraint from him , and that the Lord Car carry up the Message : Mr. Copley , Sir Iohn Maynard , Mr. Holland , Col. Ludlow , the Lord Car , Sir Peter Wentworth , and Col. Boswel , Ordered that it he referred to this Committee to consider how Lieutenant Colonel Lilburne may have satisfaction and allowance for his sufferings , as was formerly Voted . Ordered that it be recommitted to the Committee of Accounts to state the Accounts of Lieutenant Colonel Iohn Lilburne . Ordered that a Conference be desired by the Lord Car , where Sir Iohn Maynard , and Master Copley are to manadge the Conference with the Lords , for the enlargement of Lieutenant Colonel Iohn Lilburne . Hen. Elsing . Cler. Parl. D. Com. The House of Commons having ( to the great contentment of the petitioners , and all other wel-affected persons , ) passed the foregoing Orders , the next day the Lord Car , ( to whom , together with Sir John Maynard , Mr. Copley ; &c. Mr. Lilburn is deeply engaged for their faithfull and constant endeavours for his liberty ) carryed up the desire of the House of Commons to the House of Lords ; whereupon they immediatly made this ensuing Order . Die Mercurii , 2. Aug. 1648. ORdered by the Lords in Parliament assembled , that Lieutenant Colonel John Lilburne now a prisoner in the Tower of London , hath all the restraint of this House hereby taken off from him , and that the Fine & sentence imposed upon him by their Lordships is likewise taken off him , any former proceedings of this House in any wise notwithstanding . John Brown , Cler. Parl.