The royal Quarrel, OR England's Laws and Liberties vindicated, and maintained, against the tyrannical usurpations of the LORDS.  
BY That faithful 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 legal Justification of him, and all those other Lords and Aldermen, unjustly imprisoned under pretence of Treason, and other misdemeanours; the proceed against them being illegal, and absolutely destructive to Magna Charta, and the Petition of Right.  
ALSO His Protest against the Lord's jurisdiction over him, and his Appeal unto the Common Law, for trial, proved both reasonable, and legal.  
By SIR RAHNIO, an utter enemy to tyranny and injustice  
London, Printed for Ja. Hornish, February 9 1647.   

THE ROYAL QUARREL, Or England's Laws and Liberties defended and maintained against the usurpations of the Lords; By that worthy Patriot of his Country Sr. john Maynard (a late Member of the House of Commons,) etc.  
Gentle Reader.  
QVimulta inquirit, est industrius, sed qui nihil curate torpidu● est, et qui nihil perc●pit stupidus, etc. 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 senseless.  
And truly now, in these our day's Ignorance is made the mother of devotion, & he esteemed the wisest man that knows the least; England is Antipodized, and every virtue hath met a contrary, in stead of real righteousness, formal professions, avarice and oppression▪ in stead of charity and compassion grace is become a bankrupt, and up start greatness plays the Tyrant plaindealing is dead and flattery hath the chief 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 Esop's 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 Tyranny of one, and will you subject yourselves, nay lend your lands to set up a hundred Tyrants? will you stand still and see your friends and fellow sufferers that joined with you in your late cries for justice and freedom, and with all their might laboured to preserve you from being enslaved; they that with the hazard of their lives and loss of their bloods always both in public and private, opposed all arbitrary power whatsoever, whether in the King, Parliament, or Army? will you I say stand still and see them made precedents of your own ruin? can you be so sottish to fancy security to yourselves, 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 laws? and Tyranny 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 precedents whereby you▪ and all the free borne people of England shall be made slaves unto futurity?  
May not another party whether foreign or domestic, prevailing by power or policy, justify their imprisoning men's persons during pleasure, and without laying any particular crime according to Law to their charge▪ by the proceed of Parliament against L. C. Lilburne and Mr. john Wildeman?  
May they not if they be stronger than we, give us Laws, and force us to submit unto the dictates of their own wills, and tell us if we complain, our own Army did as much which were our servants.  
Surely friends did you but really consider the evil consequence of these actings, you would stand amazed, and wonder at your stupidity;  
Have you not had examples enough within this seven years? Have not you been vexed and perplexed with the Arbitrary proceed 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 solemn imprecations, whereby they call the great God of Heaven and Earth to bear record, that they had no other mark before their eyes, than 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 keep up their rotten Interest, have leveled our Laws, and are become Antimagistratticall, Antijusticiaries and absolute Tyrants, 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, muchless tyrannical Statist's, being but so many trusties for the people's good, not ruin.  
Magistratus velle non debet, nisi quod publieè expediat. The Magistrate ought not to will or command any thing but what is expedient for the public good, so saith the scripture, The Magistrate is the minister of God, to thee for Good; etc. and not for evil, 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 generals; I come now to the present particular grievance, which though two or three particular persons suffer under; yet every individual Englishmans interest is involved and bound up in their sufferings.  
But first give me leave to inform you, and I desire that you will always hear 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 concern the people's freedoms: and amongst their resolutions of jan. 15. 1647▪ they have declared their resolutions to preserve unto the people of England their established Laws, 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 Customs or be outlawed, or any otherwise destroyed: nor will we not pass upon him, nor condemn him but by Lawful judgement of his Peers, or by the Law of the Land; we will sell to no man, we will deny to no man▪ we will not deny or defer to any man either justice or right, etc.  
And in the eight and twenty year of the Reign 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 process of Law.  
And in the five and twentieth year of Edward the third, it was enacted, That no man should be before-judged of life or Limb, against the form of the great Charter and the law of the Land, etc. And by the great Charter and other the Laws and Statutes of this Realm, No man ought to be adjudged to death but by the laws established in this Realm, viz. either by the customs of the same Realm, 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 process, or writ original 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 Council; unless it be by indictment, or presentment of his good and Lawful people of the same neighbour hood where such deeds be done, in due manner, or by process made by writ original at the Common Law, see the Statute of 37 of Ed▪ 3. etc.  
And the Stattute of the 1 and 2 of Philip and Mary. Chap. 10. expresl● saith, That all treasons, shall be tried 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 form of the Law.  
All which Laws, and customs 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 Council, and the Parliament calls themselves, the King's grand Council; 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 legal crime laid to their charge, nor no witnesses appearing, or being examined, whereby the least colourable 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 process of Law; and further, No man ought to be adjudged to death, but by the laws established in this Realm, viz. either by the customs of the said Realm, or by act of Parliament, etc.  
But contrary to these Laws, they have imprisoned Sr. john Maynard, a Member of the House of Commons; and detained him in Prison twenty weeks without showing any cause, more than their will and pleasure; and also contrary to Law and equity, have transferred him up to the Lords to be tried 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 limb, any otherwise then by the judgement of his Peers or equals, viz. men of his own condi●ion.  
Now that you may clearly understand the state of Sr. john Maynards' case in relation to his commitment, and contest with the Lords I will in every particular give you an account, according to that certain 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. john 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 busy man against him and his friends, and of this both myself and many more are witnesses.  
2ly. Take notice that though the greatest number of the eleven impeached members had liberty to travel, yet he was commanded to be taken into custody during pleasure, and it pleased them to keep him prisoner twenty weeks without showing any cause: but after that they had brought their designs about, and got the strength of the City into their hands then they cast about how to make him an example of their fury (justice I cannot call it) to affright the Citizens; and finding that by no legal 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. john would have submitted to the Lords jurisdiction over him a Commoner, and yielded to their judgement; which if they could have effected, doubtless (such is the malice of his implacable enemy L. G. Crumwell) should have been death; that so he might have been made a Precedent for such proceed 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 appear an enemy to their tyranny 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 means no man be left free, but all men be made vassals to the corrupt wills of knaves and  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 Royal party. 2. A Real party. 3. An hypocritical party; or if you please thus, a Party for the King, a party for the Scotch Presbytery, and a party, for party Royal, partly real Independency. For the Royal 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 shroud themselves under the mask of Presbyteratus, though Royal, not real ones; For the second, though it is to be feared there were too few Real Presbyters; namely, men merely godly and conscientious, and that sought the good of their Country, yet by the assistance of those seeming Friends the Royal 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 own interest; which the Royal Independent party grieving at, and repining at, subtly closing with those real Independent Members, and secretly infusing Principles of dislike unto the deportment of that party into them, they never left insinuating, till they had engaged them to act a part from the House, as an honest Party, pretending to deliver an oppressed enslaved People; and to that purpose several Letters were sent as representations to the Army, of the honesty and integrity of themselves, and endeavours to lay scandals upon those which they designed if possible, to ruin; And to this end, they voted in the House the disbanding and dividing of the Army, and by private letters and insinuations, animated the Army to disobey those Commands, all or most of them sitting or acting with the House, until such time as they had made the difference betwixt the House and the Army so irreconcilable, that they knew there was no visible means to make up the breach betwixt them, and then many of them flew to the Army, with whom they engaged pretendedly to live and die in the Vindication of the just Rights and Freedoms of the free People of England; but they intended, as is now apparent, their own honour and promotion, the only end of their pretended endeavours and gilded Declarations, being nothing else, but to weaken the interest of that Party which they had designed to destruction.  
Having thus as they conceived made all sure, and that it was impossible for that party any longer to oppose them; They began to Charge those Persons which they called the Obstructions of justice, and Perverters of our Laws; and when it was expected that after all this Thunder there would have been a mighty storm, and that a Charge would have come against fourscore or a hundred; The mountain Groaned, and brought forth a thing like a Charge of eleven Members; but neither Earl of Manchester, Stamford, Lenthall, Barwis, Darley, Thorpe, nor none of those 30000. l. Gallant so much as mentioned; O incomparable Cromwell, impartial justice, What! Must parturiant montes; Must forty Thousand men be engaged to remove eleven Members? what, could Eleven members out-vote all the House beside; if there were more why not all charged? ●o by no means, they side with us, they are guilty persons and therefore must close with us to secure themselves: And so it appears they do; for now we plainly see the Real Presbyter, and Real Independent party, overawed by the Royal Presbyter▪ and Royal Independent; for the same party that before the Army joined seemingly with the honest Presbyterians for self-security, joyne● with the strongest side and leaves their late friends exposed to the implacable fury of their now insulting adversary.  
But to proceed, the Grandees of the Army having thus by Power and policy invested themselves with the ruling power both in Parliament and Kingdom, the Lords or at least the major part of them (having no other prop to support their rotten corrupt interest but the Sword, & an humble Declaration of a few fawning Spaniels who gape for honour;) they are now casting about how to confirm the People's belief that all their late clamour and disturbance was upon some good ground; and therefore some persons must be picked out for a solemn Sacrifice; and accordingly, they have picked out three men, viz. one Lord and one 
* Note, Sir John Maynard was not in or near London, when that tumult was made, or the Engagement entered into.  Commoner, and one Citizen; But by the way take notice as before, they have chosen such persons as shall be sure to do them but little hurt by telling tales; for Sir John Maynard hath not been in the House long, and by that means knows little of their juggling; but did he know as much as Mr. Waller▪ or M. Speaker he should have a reward or a Place to stop his mouth withal.  
But I say, having made all this stir there must be some body made an example (and saith Cromwell Sir john Maynard is my old enemy, opposed me and M. Soliter S●. john in the project of Draining the Fens, when I appeared against 50000. of my Countrymen, whom formerly I had stood for; and therefore now I have an opportunity to quit scores with him; besides, unless some be made examples, we shall not be feared, and therefore a way must be found out to take 
* If Cromwell can get Sir john Maynards' head for Treason, than Sir john's estate being forfeited: his Manor at Islum in Suffolk, lies very well for Cromwel's purpose, and he commanding in chief, how dare they deny it if he demand it  him oft.  
In order to which, because they knew they could not do it neither by Bill of Attainder nor Indictment; therefore it must be done by Articles, and an Ordinance, and the Lords must be made Judges, and Sir I. Maynard must be summoned to appear before the Lords on Saturday, Febr. 5, 1647. to receive a Charge of high Treason and other crimes and misdemeanours, etc. Which being contrary to the rules of Equity, Law, and conscience, Sir john could not submit unto▪ by reason that in so doing he had not only betrayed his own life, in owning his greatest adversaries to be judges, but also betrayed the native and ancient Liberties of every individual Englishman, whose interest in that particular is involved in his, and his sufferings for the Vindication thereof; Theirs, they all being bound to stand by, and vindicate him in the maintenance thereof.  
Therefore (It being Sir john's Principle, as not to betray his own or Country's Freedoms, so not to endeavour to diminish or lessen that respect which belonged to such persons of honour) to avoid the censure of incivility, and to the end that the Lords might if they pleased prevent the enforcing him to protest against their jurisdiction over him, he upon mature consideration on Febr. 4. being the day before he was to appear, sent these two following letters by a friend, directed as followeth.  
To the Right Honourable my singular good Lord, Edward Earl of Manchester; Speaker of the House of Peers.  
My Lord,  
I Received an Order in the name of this Honourable House, whereby I am appointed to appear before you, to receive a charge of Articles of High Treason and other Crimes, etc. Upon which account I have made bold to write these enclosed Lines, humbly desiring that they may be communicated to your House.  
From the Tower of London, this 4. February, 1647. Sir, I am your Lordship's most humble Servant, john Maynard.  
My Lords,  
I Am for Monarchy, and upon all occasions I have pleaded for the preservation of the interest of this Honourable House: But my Lords, I being now summoned to appear before your Lordships, for no less (as I conceive) than my life, upon an impeachment of High Treason, I am (being a Commoner) necessiated to challenge the benefit of Magna Charta, and the Petition of Right, which is to be tried By a jury of my Equales, or men of my own condition, by an Indictment, before the judges in the ordinary Courts of justice in Westminster Hall, who by the Law of this Kingdom, a●● appointed to be the Administrators thereof; and by the express laws of the Kingdom, I am not to be proceeded against (for any crime whatsoever, that can be laid unto my charge) any other way then by the declared and expressed rules of the known and established Laws of the land, as is undeniably evident by the express words of the Petition of Right, (which being an English man.) I Challenge as my Birth Right and inheritance, and I rather presume to make this address unto this Honourable House, because I find upon Record, that in the case▪ of Sir Simon De Berisford, this Honourable House have engaged never to judge a Commoner again; because it's against the Law of the Land, he not being their Peer or Equal.  
This I humbly leave to the consideration of this Honourable House, and take leave to rest.  
Tower February 4. 1647. Your Lordship's most humble Servant, john Maynard.  
Notwithstanding which letter it appears, the Lords thought Sir John Maynard had but jested, when indeed he was in good earnest; and being called into the House, desired, that forasmuch as the Lords assumed to themselves the title of the supreme judicature, and so ought to be an example unto all other Courts, and forasmuch as all other Courts did sit open for all to hear and see, that therefore the doors might be opened, there being a Lady, and Gentlewomen, his wife, and children, and many other worthy Gentlemen at the door▪ which desired to hear what he had done, or for what he was in such a manner accused and proceeded against, or words to that purpose; To whom answer was returned, that it had not been the custom of that House to open the doors since this Parliament, to whom Sir John replied. That he was sorry their Lordships had forgot their own honour so much, and not observed the custom of their predecessors 
* See Sir Edw. Cooks 2. part▪ inst. which is published for good Law to the whole kingdom, by the special authority of the present House of Commons. Who in his exposition of the first cha. of the Statute of Marlebridge, fol. 103, ●04▪ expressly saith. That all causes ought to be heard, ordered, and determined before the judges of the King's Courts, openly in the King's Courts, whether all persons may resort; And in no Chambers, or other private places, for the judges are not judges of Chambers, but of Courts, and therefore in open Court, etc.  informer Parliaments.  
And he further said, my Lords, here are many ancient and honourable families, whom both for former relation, and their own virtues I highly honour, and it's my grief of heart to hear what the people report concerning you, they say my Lords, that you act like a Council Table, or High Commission, therefore I beseech your Lordships, as you tender your own honour, let the doors be open●ed, and do not give me cause to wish for the Council Table again, rather than to see you make good the say of the people, by such proceed against me.  
After some other words, they commanded him to kneel and hear his charge, which he refused, and told them, that would argue delinquency, neither could he receive any charge from them, for several reasons, which was contained in a paper which he desired might be read, but they refused, and commanded him to withdraw, which being done, after some debate, they fined him 500 l. for refusing to kneel at their bar, and immediately they called him in, and told him that they had fined him, and that he must kneel down and hear his charge, to which he answered. That he did so highly honour their Lordships, that he would fall prostrate on his face, and let them tread on him. Then they told him he must kneel, he answered them that he had a very prostrate soul, and he would kneel to pray for them, that their honours might be preserved, and that justice might run from them as a stream, etc. which having said, he again risen and came toward the door, offering to take leave of their Lordships, but they told him he must hear his charge, and commanded it to be read, which was done accordingly, but when the Clerk began to read Articles, Sir John enterrupted him, and said, my Lords, the very first word destroys all that you have to do; there is the very height of illegallity in that word, Articles, for my Lords, there is but two legal ways to try a man for his life, viz. either by Bill of Attainder, or Indictment, but because the sum of what he spoke in relation to that point is contained in his Protest which he left in the House. I shall omit that, and give you the copy of it verbatum.  

The Plea and Protest of Sir John Maynard, Knight of the Bath; (and a late Member of the Honourable House of Commons,) delivered by him at the Lords Bar February 5. 1647.  
THe life of a freeborn man of this Kingdom is not to be tried but by Bill of Attainder, and not to be condemned, but either by Act of Parliament upon the said Bill, or by the way of an Indictment at the Common law. Articles are no Bill for Attainder, for a Bill of Attainder must pass both Houses, and cannot become an Act of Parliament without the King's assent. By an Ordinance of the 15. of january last, both Houses have resolved, and declared to the Kingdom, that they will make no further addresses or application to the King. And therefore, sit hence there can be no proceeding by Bill of Attainder, to bring on an Act of Parliament. I do pray the benefit of the law of the land; the enjoyment whereof is declared by the said resolution of the 15. of january to all the people of this Kingdom.  
Febru. 5. 1647, john Maynard.   
After they had locked him into their House, and forced him though (at their door) to stand till they had read his charge, though by him many times interrupted, and ask whether they were reading a charge against the Earl of Pembroke, which he said was an honest Gentleman, and as innocent as he was he was persuaded, and answer being returned by the Lieutenant of the Tower, that it was a charge against Sir john Maynard, he publicly speak unto them. That he neither heard nor took notice of what they did, nor said, and for his part he protested against all their proceed as altogether against Magna Charta, and the Petition of Right, and that he wished now for the Council Table again rather than such proceed:  
So having made an end of reading his Charge, they dismissed him, and sent him to the Tower as their prisoner, and ordered him fourteen days hence to be brought before them again, but to what end no body knows, for let them be assured, they shall never be able with their twenty thousand men to keep up their pretended jurisdiction over Commoners, and thereby destroy all our ancient laws and liberties: for certainly if we would not be subject to the unlimited power of the King, who was their Creator, we will never submit unto six or seven Lords who are but his Creatures.  
And now having given you to the best of my remembrance the sum of what passed between the Lords, and Sir john Maynard, though not so fully as he delivered it, yet I dare affirm it to be all the most material passages thereof. Give me leave to add somewhat by way of justification of Sir john Maynard, in this his protesting against the Lords, as incompetent Judges, and appealing to the common law of the Kingdom.  
First, I will plead Reason. Secondly Law.  
First, Reason. Should Sir john Maynard have submitted to the Lords jurisdiction over him, he could not have possibly avoided destruction, and that for this cause. The parties prosecuting Sir john, are a few Grandees of the Army and their adherents, viz. Those Commons and Lords that joined with the Army against the other party remaining behind in the House: now if two men equally interested, have a difference with a third, and get him into their power, can you imagine that one of these two prevailers can be a competent Judge of the conquered party, & the other a competent accuser; certainly if the accuser be an enemy, and the judge an enemy too; the party to be accused and adjudged cannot in the eye of reason look for other then absolute destruction: Now this is clearly Sir john Maynards' case, and the case of all the Lords and Aldermen that were accused and imprisoned: for the matter of the charge against them, is for doing such and such acts against the Parliament and Army 
* There can be no treason committed against the Army.  And if you ask what they meant by Parliament, I must needs say the Lords and Commons, and who brought a force upon the Lords and Commons? why the Lords and Commons; and so one party of the Lords and Commons accuse another; and because the Law which should be the Umpire in this business, cannot do that which they would have it, therefore they will divide their forces, and one half shall be the accusers, and the other half the judges, and thus what the Law cannot make a crime, they will, and by this time I know all rational men will say Sir John had reason to do what he did in relation to protest against the Lords as incompetent judges.  
Secondly, Sir john Maynard had not only Reason, but Law on his side.  
His plea and protest is grounded upon the established Law of the Kingdom, for by law there is but two ways whereby a man's life can be taken from him, viz. either by the customs of the Realm, or the Law of the land, that is, either by Bill of Attainder, or Bill of Judictment. 
* But Ordinances of King & Lords, King and Commons, or Lords and Commons, are no law of the land, See their own Law▪ published in the 2. part of Sir Ed. Cooks inst. fol. 47. 48. and 3. part inst. fol. 22. and 4. part inst. fol. 23. 25. 48. 292.   
By Law the Lords have no jurisdiction over him as a Commoner, he not being their Peer or Equal, besides the manner of their proceed, is altogether illegal. Articles are nothing in law, neither can any man be tried legally by Articles.  
Nay further, suppose it were granted that Sir John were guilty of the highest Treason that can be imagined, yet if there be no established Law whereby his life may be legally taken away, he ought not to be destroyed or adjudged, by any other way, neither by Martial Law, nor Ordinance. For where there is no Law, there (saith the Apostle) can be no transgression.  
Nay further, their dealing with Sir John, plainly demonstrates, that it is only a design upon his life, seeing there is no colourable ground why they (if they intended only the satisfying of justice) should not have proceeded at first in the ordinary legal way by Bill of Indictment, seeing if he be culpable of such crimes as they pretended, the common law will take his life with less trouble, and and more satisfaction to all parties, than this underhand dealing, whereby they endeavour to juggle him out of his life.  
Nay further yet, their proceed with Sir john Maynard is altogether illegal, in respect that they adjudge that Treason which is not enacted to be Treason by the Statute of the first of Hen. chap 10. Wherein that uncertain proviso, viz. That the Judges in case of any act not particularised and supposed to be Treason, should defer judgement, and transfer the case to the King and Parliament, who might declare it Treason, etc. And enacted that in times to come, nothing should be esteemed Treason, but what was literally contained in the Statute of o● 25 Ed. 3. and 2. And in the ●. of M. S●…. 1. This was again confirmed, that nothing should be adjudged High Treason, Petty Treason, or Misprision of Treason, but what was declared and expressed in the 25. of Edward 3. Chapter 2. etc.  
So that if the pretended Treasons laid unto the charge of Sir john Maynard, and the rest of those Gentlemen now imprisoned, be not Treason according to the literal sense of that Statute, his or their lives cannot, ought not to be taken from them, by any way or means whatsoever; and if they adjudge him or them, for any such pretended Treason, by any ways or means contrary to the known Laws and prescript rules thereof, it is wilful murder in the persons adjudging or executing such sentence or punishment.  
And now O ye free people of England, I beseech you lay to heart your condition; when tyranny rides triumphant, and justice goes a begging, what can you think will be your portion.  
When they domineered over Lieu. Col. John Lilburne, they then had a seeming pretence for what they did, they could cry out he was a factious fellow, a Sectary. etc.  
But now you see they cease not to prosecute others which are none of their despised Sectaries, Mr. Wildman was never accused with faction nor Sectarisme, nor Sir J●hn Maynard neither, but yet for all that, be he Sectary, or no Sectary if he stand in their light, and oppose their promotion, their ambition leads them to endeavour his destruction.  
And dear Countrymen consider, by the same rules that the Lords may judge Sir John Maynard, they may judge another, and so 10000 And if any man oppose the Lords usurpations, the Commons perfidiousness, or the Army's Tyranny, The Army or Commons may accuse, and the Lords sentence, and what the Law will not condemn, they will and then farewell all your Laws and liberties, which you have so gallantly comested for.  
And O you Soldiers which say you drew your swords for our defence, but now keep them to make us vassals, you that engaged not to disband or divide, nor suffer yourselves to be disbanded or divided, till our and your own freedoms were secured, and yet now contrary to your engagement and declarations, strengthen the hands of Tyrants to destroy us and yourselves too, Oh timely return to your former Principles! Cry out for Law and Liberty cry out out for justice till you make the Tyrants tremble, let them know that you scorn to serve their lawless ambition, and that it was for the secuting you liberties & laws which you veneered your lives for; could we but see you acting for our deliverance we should with joy labour to maintain you, but it is a double misery to be enforced, to toil and take pains, to keep an Army to destroy us: Act then at Englishmen; and do not suffer yourselves to be gulled into a slavery.  
And lastly O ye Lords and other the Grandees of the Commons and Army, that like john drive on furiously to meet your ruin, remember the actings of your predecessors, the Prelates, Council table, High Commission, and Star-Chamber, are they not all buried in the Tophet of shame and confusion, and if you walk in their ways, shall you not receive their reward? yes, surely the wicked shall perish in their own 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 works, seek not not to build thy honour up in blood, for it will choke thy offspring, and make thy name most odious: the daily imprecations of the innocent injured friends, of those which thou destroyest, will be a terour, and affright thy soul: 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 gain the whole world, and lose thy own soul?   

Postscript.  
LOving friends, whether Real Presbyterians, or real Independents, or others, all you that are unbiased, and act not merely for your own ends, you that desire the peace of England, and would not by your neutrality, become accessary to your own and England's destruction, now if ever, now if ever, appear for the vindication of your freedoms: 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 precedents for your ruin, 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 Kingdom, and make every man that hath money a Traitor; and set up Judges suitable to their own wills which shall not dare to disobey them, and then we shall be sure to have a rich Army, and a bloody Parliament, but a beggarly destroyed Nation: Gentlemen consult with reason, and be not swayed with interest any longer Sir John Ma●nards case is yours, yea and every individual 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 leads but the way to which you must follow, for the same principle that leads them to endeavour his ruin, will direct them to your also; if ever you shall appear an enemy to their tyranny.  
Therefore I beseech you lay aside all disputes, and join as one man in vindicating his and your own liberties, let us as one man in vindicating his and our own liberties, let us as one man go up to the House of Commons and demand Sir john Maynard and the rest of our imprisoned friends to be delivered up unto a legal trial, according to the law; suffer not your laws to become useless, and yourselves to be made the worst of slaves, viz. To be subject to ruin 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 john Maynard, and the late Lord Mayor and Aldermen withal; nay further, they have since voted and acknowledged that to be a Parliament which sat during the Speakers absence; and if a parliament, their actions and commands were as legal as theirs now, and whosoever acted, or did any thing by virtue thereof, ought, what ever happen to be secure, it being their own principle, That he who guides himself by the determination of Parliament, ought not to be condemned, but to rest secure etc.  
And if those which obeyed the command of Parliament then, be now liable to question, by the same rule, they that shall obey now, if another party prevail, are, or may be liable also; and than who can with safety obey the commands of Parliament, if this proceeding be once drawn into precedent.  
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 yourselves and Country: I beseech you Gentlemen, act vigorously and courageously, for the securing of England's freedoms, or else resolve to live Slaves, and die Beggars.  
FINIS.