inflicting punishment upon any man as it is punâ—ishâ—ent but the bâ—ames of Iustice shouâ—d be totally â—clipsed if Courts of Iustice should be permitted to be priuate in their proceedings 3. An usâ—full medium unto Iâ—stice and regular proceedings is reâ—â—cted when proceedings against â—â—all or supposed offenders are not publike any learned man saith Sir Edward Coâ—ke in 3 parts â—nstitutes p. 29 that is present may inform the court for the bâ—nefit of the prisoner of any thing that may make there proceedings 〈◊〉 and is iâ— nâ—t necessary then that all men should have free accesse to Courts of Iustice that there may be the most perfect means to dispose it impâ—rtially answerable to this reasâ—n is the custom of England all 〈◊〉 of Iustice ever have been â—eld opâ—nly and publikely as appeares by all Courts in Westminster aâ—d all Assises anâ— sessions wherein all offâ—nders have open â—ryall It s 〈◊〉 to nâ— fâ—ld the miscâ—iâ—â—s that might ensue in case anâ—Court of â—ustice shouâ—d be permiâ—ted to procâ—ed against any offâ—nder privaâ—â—ly with their dâ—oâ—es shut no man should know but the Courâ— themselves whâ—ther either Law or will were pâ—t in executiâ—n whâ—the◠〈◊〉 â—ccused were guâ—lty or innocâ—nâ— the Oâ—ficers oâ— a 〈◊〉 might exercise what 〈…〉 they might extract 〈◊〉 of Câ—â—mes fâ—om them by terrours and toâ—â—ures 〈…〉 them for triuiall â—ffences nâ—â—an could tâ—y whetneâ—câ—nsâ—res wâ—re pâ—opâ—rtionable to their criâ—es Bâ—t though Sir I. Maynard deservs in my opinion reâ—pect â—nd assistance for vindicating this Liberty of England that all Courts of justice should be open yet I believe it will be found upon due examination that he was in a mistake iâ— he suppoâ—ed the Lordâ—â—o be a Court oâ— Justâ—ce in any reâ—pect as to Commâ—ners and it may be the Lords depâ—â—â—ment shall eviâ—â—â— this they wâ—uâ—d nâ—t assume to them elâ—câ— the forme or appearâ—nce of a Court of justice by sâ—â—â—ing openly but to proceed to the Narraâ—ive Sir Iohn Maynard standing as a prisoner at the Baâ— the Speaker reâ—â—manded hâ—m to knâ—el and hear his Charge But Sir Iohn understanding thaâ— kneeling at tâ—eiâ— Bar either according to reâ—â—on or the custome wâ—uld â—ave been a 〈◊〉 that he stood as an â—fâ—â—nder beâ—ore hiâ— Judges upon his tryalâ— he reâ—uâ—ed to kneele and with all humilâ—ty answered thuâ— I am prostrate at your Lordships feet in respect of â—our persons but if I should kneele to heâ— an impeachineâ—t from thâ—â— Hâ—use I should acknowledge my â—â—â—fa Dâ—liâ—quent under your â—urisdâ—â—tâ—on and through me the liberties of all the Commons of â—ngland wouâ—â— be wenâ—ded and destroyed By the Law of the Laâ—â— every free man ought to be tryed by his equals and not otâ—erwise and this your Lordâ—â—â—pâ— Predâ—cessory coâ—fessed in the case of Sir Simoâ—â—e Beâ—eâ—ford 〈…〉 King Ed. 3. Hâ—re â—â—â—nno â—uâ— obâ—erve how the Commonâ— of England 〈◊〉 iâ—gâ—ged to Sir Iohn Maynard for vâ—ndicating this â—heir fundamentalâ—â—â—berty tâ—at the Lords have no jurisdiction over Câ—mmoners had nâ—t tâ—e Lords râ—câ—ived a repuâ—e in this assault upon England◠〈◊〉 â—hey had taken all our libertiâ—s câ—ptive and the name of 〈…〉 England might have been uâ—â—erly aboâ—ishâ—d 〈◊〉 the 〈…〉 shew my wishes of prâ—â—perity to â—â—r â—oâ—n Maynard iâ— tâ—â—s gâ—llâ—nt 〈◊〉 and tâ—ough I care not trust so great a cause upâ—n â—e pâ—tronâ—ge 〈◊〉 rude a pâ—n yet I hope the world wiâ—l â—ee by mâ— weak Esâ—ay to prove the Lords have no jurâ—â—dâ—ctâ—â—n over Câ—mmonâ—râ— â—nd that a â—ull stream of reason and justice tuns on Sir Iohn Maynard siâ—e Now for the câ—â—arer uâ—â—â—rstanding themaâ—ter in question I shall preâ—â—â—e two or tâ—râ—e thâ—â—gs First it is an 〈…〉 Maxime that the estaâ—es liberties and fiâ—es of the peopâ—e oâ—Englanâ— ouâ—â—t not to be dispoâ—ed oâ—â—â—en rary to the estaâ—lâ—shed Laws of the Lâ—nd this you shall find averreâ— by the Act made this preâ—enâ— Parâ—â—â—o aboâ—ishâ—ng the Star-chamber is that they had nâ—t 〈◊〉 themselvs to the poinâ—s limited by the statâ— of â— 1. H. 8. from wâ—â—nce they had their power but punâ—shed where no law did warrant And that was the reason that was rendered for the abolishing the CouncelTable viz. That they had determined of the Estates and liberties of the people contrary to the Law Now the estates of the people are disposed of contrary to law two wayes 1. Either when they are disposed of or judged by persons not authorized thereunto by Law Or 2. when they are disposed of by an illegall judgment passed by legall Judges So then all persons judging the Commons of England must have a juriâ—diction over them by vertue oâ— some Law and whoâ—oever submiâ—s to the cenâ—ures oâ— or tryâ—ls by any other becomes guiâ—ty of the higâ—est treacherâ— against Englands freedome All legall â—uriâ—dictions over the people are either primitive or derivative and delegateâ— poweâ— by Commâ—ssâ—on from the prâ—mitive Beware hereof confounding jurâ—sdiction with the â—eâ—islative power Jurisdiction be it either derived from jus dâ—ctio or as Sir Edw. Coâ—â—e will have it from juris 〈◊〉 â— c. the power of the law yet it s properly a declaring of the law or a putting laws established in execution doth not include the making of Laws Now the primitive jurisdiction is undoubtedly in the people all just power either legislâ—tive or jurisdictive to make or execute laws was scunded upon a compact with them all men being by nâ—â—ure equal each to other and the supream derivative jurisdiction resides in one or more persons which most immediatly represent the people and are entrusted with their power Now if any persons should be permited to assume to themselvs a jurisdâ—câ—ion notwithstanding all the various jurisdictions of Courts would be conâ—ounded and no security would remain to the life or â—ibâ—rty of any man This prâ—mâ—sed I aâ—er that the Lords have no just Commission to exerciâ—â— any jurisdâ—ction â—ver Commoners in â—ny case whatsoever there is none to passâ— such a Commission but eitâ—er the people immediatly and I suppose none will plead that the Lâ—rds were ever elected by the peopâ—e and a compact passed that they should exercise such or such juriâ—dâ—ction over them Or 2. such a Commission must pâ—sâ—e from the Deputies of the People in Parâ— and then it must appeare by â—â—me Act of Parâ— fâ—r which â—here is no coâ—ourabâ—e plea as I shal presently cleer as for the King its indisputâ—ble thaâ— it transcends his power to give them a Commission â—o exeâ—ciâ—e the least juriâ—dâ—ction The estaâ—es liberties and lives of the people must be disposed of by Law which iâ— by Courts estabâ—ished by Law and according to the Law and it s confessed on all hands that the Kâ—ng cannot make Lawes and therefore cannot impower any with a jurisdiction over the peoâ—â—◠〈…〉 To proceed then to proofs thâ—t such a jurisdiction was never given to tâ—e Lords by Parl. That of Mâ—g Charta may suffice for all c. 29 it s said No Freeman shall be taken or impriâ—oned 〈◊〉
conclusion that the House of Lords are â—o Court of Justice as to the Commons of England that is no place where justice in any case whatsoever is to be Ministred to them and whoever adheres â—ot to this Gentleman in defending the Lâ—berty of England and epposâ—â—g the â—ords in this attempt to beâ—eave us of our Biâ—â—hright shall never deserve in my thoughts to have his name written in an English Chronicle but to returne to my intended Narrative Notwithstanding Sir Iohn Maynards deniall of the Lords Jurisdiction over him they would proceed and the Speaker commanded the Clarke to read the Charge and Sir Iohn to kneele and the Clark began 〈…〉 aloâ—d Articles of Impenâ—hment against Sir I. Maynard c. but Sir Iohn interrupted him saying I except against the first word Articles there is said he but two waies for the triall of a â—â—ceman for his life in England the one by Bill of Attainder the other by Indictment at the Common-Law Articles are nothing in Law and so I am content to hear the Charge so the word Articles may be expunged and the word nothing inserted that it may be â—ead thus Nothing of Impeachment against Sir Iohn Maynard c. then the Speaker asked him whether he had seen the Articles and he told them he had seene a copy of them a moneth since and that he observed that the eight Articles were the same mutatis mutaâ—tis as the French proverb saith Sel a tout thâ—noâ— one â—â—ddle for all horses And he said further he was perswaded that those that drew them knew there was never a crue word in them onely a â—â—eer piece of reason of State yet said he all my ambition is to be tried by God and my Countrey by a Jury of my equalls at the Kings Bench-Baâ— in Picâ—a Caria obseâ—ve Readeâ— how faithfully Sir John adheres to the publike Interest in every particular and note how his enemies seeme to abhominate the Rules of distributâ—â—e Justice they will not afford so much Justice as a legaâ—l accusation but such Judges such an accusation this that Sir John here claimed is a piece of Justice so obvious to every vâ—lgâ—â— eye that I need not say more then was said at the Barre by him who knowes not that the Statute of 25. Ed. â— 4â— Ed. â— saith â—o man shall be takâ—n c. but by presentment or indictment c. but I must tell Sir John that in my humble opinion he was mistaken in châ—â— that according to the Law a Freeman should be tried bâ— Bill of Aâ—t under that is no â—â—â—ll but rather a sentence and it is no Act of Jurisdiction but an Act of the Legislative â—ower and in my humble opinion no sentence can be pasted against an Offender but by some rule or Law of which the Offender either actually had or might have had knowledge the Law saith invinâ—ible ignorance of the Laâ— excuseâ— a toto from the whole offence but surely then no judgement can be passed justly upon any man by a Law that was not in being when his supposed offence waâ— committed in that case though the fact were in it selfe evill yeâ— it were not judicially â—vill if no Law in â—â—e Nation werâ— extant against it and so â—y consequence a Law to punish a person in that case were a Law to destroy an innocent man And whosoever shall duly weigh the Law-giving power shall â—nd that the essâ—ntiall property of that power is to respect things de â—â—tâ—ro nâ—n de prâ—terito actions that are to come not past but more of this upon another occasion which I now for brevâ—ty sake omit But the Lords still importuned Sir J. Maâ—nard to kneele and â—â—an his Charge and thereupon he removed from the Barre into the middle of the room and kneeled down and prayed God to blesse the Lords and keep them from incroaching upon 〈◊〉 Liberties of the Commons of England c. after that he told them the people observed their Lordships were indulgent to their owne Members and therefore â—e prayed them there might be no partiality precipitation nor anticipation of justice Hereupon they commanded him to with-draw and he was fined 500. l. upon a pretence of a contempt of their House observe Reader how the Lords proceed to devoure the Commons at their pleasures here is a Commoner fined 500. l. for contempt I wonder what Law defines this contempt or who knowes of a Law against it if there be no Law describing this pretended crime and the penalty then there could be no transgression not any punishment and being there is no Law defining such pretended crime if the Lords may say they are contemned when they will and punish as they will they may say to stand one leg before another or to looke in their faces is contempt and then fine a man to the value of his whole estate and thâ—n why should English-men arrogate any longer the name of Freedome to themselves let them give their 〈…〉 to the Lords to be bâ—â—â—ed that they may be knowne to be the Lords 〈…〉 After this they called in Sir John againe and offered to condition with him but he told their Lordshâ—ps he would not so forget his duty as to make bargains with their Honors neither would he prejudice the free people of England in their Lawes and Liberties for all the treasure of the Kingdome but he would willingly sacrifice himself for the preservation of the Law But yet againe the Clerk began to read the Impeachment and Sir John told them he observed the Lawes â—â—n every day broken and trampled to dirt and he thought it could portend nothing but slavery and he made his obeysance and withdrew to the doore to go out and protested against all their proceedings as illegall and arbitrary thus being remanded to the Tower he drew his Protest against their jurisdiction over him in writing and sent it to the Speaker in a Letter the copies here follow To the right Honourable my singular good Lord Edward Earle of Manchester Speaker of the House of Peers These My Lord YOur Lordship may please to remember I was before you at your Barre upon the â— Febr. last where I demeaned my selfe with all duty and respect to your honourable House and did zealously and cordially expresse my selfe for the just interest of your House but being perplexed at the illegality of your proceedings with me I was thereby forced and compelled to protest by word of mouth against both the matter and manner of your proceeding but in regard your Lordships were pleased to order me a new to appear at your Bar upon Saturday next being the 19. of Febr. 1647. I am necessitated with all humility and respect unto the just Honour of your House inclosed to send â—ou my Plea and Protest under my Hand and Seale which I humbly intreat your Honour to communicate unto the House of Peers this being my ultimate resolution with which I humbly subscribe my selfe
My Lord Your Honors devoted servant John Maynard From the Tower of London 14. Febr. 1647. The humble Plea and Protest of Sir John Maynard c. sent unto the House of Lords Feb. 14. 1647. My Lords I Am now aspersed with Treason but I should really contract the guilt of Treason against my Countries Liberty and â—ender my Name infamous amongst the Commons of England to posterity if I should regard your articles of impeachment aâ— an accusation to which I am bound to answer If I were justly to bee suspected for Treason there could be no Legall just proceedings to bring me to my answer but by â—ndictment of good and Lawfull men where such supposed treasonable deeds were a dâ—ne And although I were Legally indâ—cted the Case comes not under your Lordships Cogâ—â—â—ance but seeing I am a Commoner of England by the establâ—â—â—â—d Lawes of the Land my tâ—â—all ought to be by a Iudge or Iustice and a â—ury of Commoâ—erâ— and no b otherwise and as the 〈◊〉 of those Lawes was that all Trials might be equall and unpartâ—â—â— so they are foâ—nded upon these impregnable grounds of Reason and Equity 〈◊〉 the Iury are to be of the Neighbourhood where any crime is 〈◊〉 and some ought to be of the same Hundred for the 〈…〉 that such may have either some cognizance of the fact 〈…〉 some Circâ—mstances thereof or of the party accused whâ—â—â— condition and manner of conversation is much to be regarded for the discovering his intention in any fact supposed to be 〈◊〉 or â—â—lony c. and the Rule of the Law is c Aâ—â—us non 〈…〉 rea 2. The 〈◊〉 that passes upon any Commoner one day may themselves bee in a condition to bee tried by him another day as one of their Iury and hereby they are bound to indifferency and impartiality considering it may bee their owne case 3. The party accused may challeng or except against the Iurors other against the d Array if the Sheriffe or Bayliffe impanelling the Iury bee not wholly desingaged and indifferent as to the Cause and the party prosecuting or against the Polls and in case of Treason hee may challenge 35 peremptorily upon his dislike without rendring the least cause and as many more as hee can render any reason for his just challenge as in case he can challenge any for a Baron or Lord of Parliament or for defect in estate or other abilities or for disaffection or partiality or for any infamous Crime and hereby the Judges of the fact for the party accused may certainly be indifferent equall and impartiall 4. The matter of fact is onely intrusted to the Jury and the matter of Law to the Judge for the preverting all errors confederacies or partiality 5. The Iudge is sworne to doe justice to all according to Law without respect of persons and the Iury are sworne to find according to then evidence Now from every of these the injustice illegality of your Lordships claime to be both Iury and Iudges in the Tryall of me or any Commoner is clearly demonstrable Your Lordships cannot be of the Neighbourhood where the crimes of all Commoners are committed and cannot be presumed to have any cognizance of the Facts or parties offending neither do you allow your selves to be tried by Commoners so as to be bound to indifferencie and impartiality from the knowledge that the Commoners whom you would try might possibly be of a Jury for your triall in a short time neither can my selfe or any other Commoner whom you would try challenge in the Case of Treason thirty five of your House for your whole House amounts very seldome to that number neither will you allow me to challenge any one of your Lordships though I should alledge disaffection partiality or that he is an ingaged party or prosecutor secretly or openly Neither at present is there any Lord high Steward or Lord high Constable amongst 〈…〉 to be Judge in matter of Law while others should be Judges in matter of Fact neither are your Lordships sworne to â—udge according to Law or in matter of Fact according to Evidence Having therefore such infallible euidence both from the Statute and Common-Law that I ought to be brought to answer to any supposed crime onely by indictment or presentment of my equals good and lawfull men of the neighbourhood where the fact is done and that my triall ought to be by my equalls and a Iudge of the Law in open Court and that the cogniâ—ance of any crime whereof I am suspected peâ—taines not to your Lordships I am resolved never to betray my owne and all the Commoners Liberties nor to consâ—â—t to the subverting the fundamentall Lawes of the Kingdome by submitting to a tâ—â—all by your House or to answer to your Articles of Iâ—pâ—aâ—hment but I doâ— hereby protest against the forme of â—â—ur accusation as illegall and your Lordships lâ—â—sdiction over my selfe or any Commoner of England in criminall cases as bâ—ing destructive to our fundamentall rights and Lâ—bertiâ—s and I doâ— hereby claim the benefit of Magna Charta the Petition of Right and all other established Lawes of the Land which this honourable House the House of Commons and the Army under his Excellency Sir Thomas Pairsax's command in all your and their Declarations Remonstrances Protestations Oaths and Covenants have promised vowed and declared you will maintaine and presâ—â—â— John Maynard Notwithstanding this Protest the Lords issued â—orth an Order to the Lievtenant of the Tower to bring Sir Iohn to their Barre upon â—â—br â—9 and upon the receipt of a â—â—pâ—e thereof from the Lievtenant Sir 〈◊〉 sent this â—nsâ—ing Salvo to his Liberty in pâ—rsuance of his Prâ—test against the Lords Jurisdiction over him To his honoured friend Câ—l Tiâ—hburne Lievtenant of the Tower Sir I Received a Paper from you seeming to authorize you to carry 〈…〉 the Lâ—rds House to answer to a Charge And 〈…〉 to inform you hereby that my pâ—râ—on ought not 〈…〉 or dâ—sâ—â—â—bed at the pleasure of any man 〈…〉 obedience to the commands of any which are 〈…〉 therâ—fore in â—ase you intend to distâ—rb me on 〈…〉 to see a â—â—â—all Warrant from some person or 〈…〉 over me â—n case of a 〈◊〉 or 〈…〉 And I mâ—st 〈…〉 you that the Lords have no legall power to summon me to answer to any crime whereof I am â—ccused or suspected and therefore you must expect to answer 〈◊〉 whatsoever injury you offer to my person And know hereby that I shall not voluntaâ—ily go from hence to Westminster by vertue of the Paper received but shall only quietly suffer you to carry me whither you piease if you shall send force which I cannot resist Your Friend and Servant John Maynard From my chamber in the Tower of London Feb. 1â— 1647. But the Lords persisted in their Order to the Lievtenant although this was sent to them and debated in their House and upon Febr. 19. Sir Iohn was brought to their Barre and the Speaker pressed
him urgently to kneel but be sâ—ewing them as much civill respect as could be desiâ—â—d refused resolvedly to kneel then the dooâ—â— beâ—ng shut the Speaker asked him whether he had brought his Answer he answered he was accused of treason and could obtaine no Counsell and therefore desired time that Counsell might be assigned him hereupon he was commanded to withdraw but before withdrawing he â—old the Speaker he hoped he should not be taken prâ—coâ—sesse for â—ather then so he would pâ—t in his Answer presently After withdrawing he was presently called in â—nd fourteen daiâ—â— time appointed and M. Heâ—â—e M. Haâ—es M. Walker and M. King appointed for his Counsell Now I cannot 〈◊〉 observe one desperate mischief by this pretended Court keeping their 〈…〉 they have caused an infamous report to be â—â—â—â—ted abrâ—â—d that Sir 〈◊〉 Maynard had now dâ—serted his Protest against their 〈…〉 may be they will the nâ—xt time report thâ—t he hath confessed hâ—mself guilty of Treason â—t's time to seâ—k for sâ—â—ndalls â—o sâ—pport their 〈◊〉 intâ—rest But I hope no 〈◊〉 man but understands the reason of Sâ—r Iohns taking time and Counsell â—o answer every one by Law must plead to those before whom he 〈◊〉 accused or els he is to be taken pro 〈◊〉 and jâ—dged accordingly but every one accused may plead to the Jurisdiction of the Coâ—rt or to the matter of fact and a Plea against the Jurisdiction of the 〈◊〉 put in formally prevents the former mischief and therefore Sir Jâ—â—n must put in a sonmall answer though it be nothing bâ—t the substance of his Prâ—test and I belâ—â—ve the Lords shall know that the Gentleman scornes to be a Poâ—â—tion and betray his Countâ—â—ys Freedomâ— into their hands Now Oye Commons of England behold the foot of your â—iberties in the grave this Gentleman endeavours to redeem them if you assist him not I beseech you consider 1 How you may be tried for your lives in the Lords chambers with doores shut if they please that there may be no witnesse of their arbitrarinesse and injustice 2 You shall have the Lords depraved Wills not the Lawes the rule whereby to measure your wayes and punishments 3 You shall be accused without the least legality at their pleasure yea you shall be judged for a new-found crime and destroyed in your estates without bounds or limits yea those nerves and ligaments of the Kingdome the Lawes shall be cut in sunder and what then shall â—ny man call his owne Now were it not that I abhorre animosities and emulations I would compare Sir Iohn with L. G. Cromwell the causer of his iâ—peachment I onely wish that any admirer of that Gentleman would discover wherein he ever maintained so faithfully so many Liberties of England as he hath caused to be trampled in the mire in this Case of Sir Iohn Maynards only to fulfill his malicious will upon him yea wherein hath he defended so many Liberties notwithstanding his large ingagements at Newmarket as the Reader may see defended and vindicated by Sir Iohn Maynard and yet Sir Iohn Maynard must be reputed a Traytor to his Couâ—trey and he the grand Saviour I only desire that all the Commons and all those well-meaning Souldiers that were made L. G. Cromwells instruments to mannage his designe in accusing this Gentleman I say I only wish that they would judge by the fruits and adhere to or forsake every man according as they shall finde him faithfull or trecherous to the Kingdomes good and welfare FINIS a 〈◊〉 Polâ—â— l. 3. c. 10. p. 10â— 2â—â— b See 〈◊〉 Hist. 6. p. â—2â— c See Hist. â—â—bl l. â— Sect. 20. p. 61 62 63. d zer dâ— Lacedem Repub. p. 690. e 〈…〉 pro Rabino f See Meâ—rour of Justice â— 21 p. â— g See Parliament Dec. of Sep 2. â—â— 42. 1 part boâ—k Dec. p. 712. 713. 3. Liberty inâ—rieged 4. Liberty inâ—rierged 5. Liberty infrienged * This was declared in the Paâ—lâ—amentâ— first RemoÌ„straâ—ce of the state of the Kingdom to be the grand designe of 〈…〉 to absolve the Government â—toâ—â— all restraiâ—tâ—â—â—awâ—s and persons and estates * So Cookes Expâ— of Magna Charta 2. part Iust. p. 55. * 〈…〉 2. 〈…〉 55 〈…〉 * 〈…〉 2. 〈…〉 p. 〈…〉 * See Corke 1. part instit. Li. 3. ca. 7. sect. 438. fo. 260. * Seâ— the Reâ— of Sep. 2. 1 642. 1 paâ—t Tooke Dâ—â—la p. 693. 6. 〈◊〉 inâ—ringed 〈…〉 Liberty of England in frâ—nged viz the Lords claiming a jurisdiction over Commeâ—ers and vâ—ndicated by Sir Joh. Maynard See the 〈◊〉 maâ—e 17. Caâ—oli printed togethe◠〈…〉 2. Premise To yeâ—d mâ—â—y in laâ— time whicâ— cord matte be fou See Cooâ— part p. 1 â— Liberty of England â—â—fringed 〈◊〉 tâ— accuse a Freeman bâ— way of Articles and tâ—e Lâ—b. maintained by Siâ—â— M. 9 Liberty a England infringed by ning men without an offence an by no rule â— theâ—â— owner â—ooks Expos. 2◠〈◊〉 of a Charâ—◠〈◊〉 45. 4◠〈◊〉 Sâ—atâ—◠〈…〉 â— 37. Ed 3. â— 3. 3. 〈…〉 Juryâ—â— be 〈◊〉 to Magna artâ— â—â—ber â—egalis hoâ—◠〈…〉 He 〈…〉 to the 〈◊〉 where 〈…〉 He 〈…〉 He 〈…〉
proceeded to cut in sunder the pâ—â—me roots of â—reedome Secondly Sir Iohn Maynard obeying M. Speakers illegall Warrant and attâ—nding the Housâ— M. Miles Corbet made his report concerning him from the Committee and produced some papers pretending they were written by Sir John and thereupon M. Corbet examined Sir Jâ—hn upon interrogatories as whether those papers were written or subscribed by him and this interrogatory they doubled and redoubled Observe reader how they wander in the devious crooked waâ—es of injustice when they have forsâ—â—en the paths of righteousnesse see the deformity and obliquity of their actions when they refuse to measure them by the rules of the Lawes established Was it possible 5. years since to have possessed any ingenious man that this Parliament would have deviated so far from the rules of law and justice yea the common light of nature as to examine any man upon interrogatories against himself in a criminall case would any have believed that this Parliament should have degenerated so far as to indeavour to compell a man to destroy himself Is it not a â—â—ddle surpassing all that this monstroâ—s age hath produced that this Parliament that hath deemed the Starre-Chamber and the Councell Tableâ— names worthy to be a curse and a by-word â—o posterity because of their cruelty in censuring men for refusing to answer interrogatories that this Parl. I say sâ—ould urgently presse Sir Io. Maynard to answer interrogatories against himself in this criminall case Is it crediâ—le that this Parl. who complained in their first Remonstrance of the state of the Kingdome 1. part Book Dec. p. 8. 〈…〉 upon the people or that thâ—s 〈…〉 â—ct of 〈…〉 is â—â—â—redible I say that they 〈…〉 â—ands have destroâ—ed who câ—n 〈…〉 rather â—mpute these proceedings to the 〈…〉 â—ohn it seems resented 〈…〉 to answer M. Corbeâ—â— redoubled Queâ—es aveâ—ring 〈…〉 had better taught him then to â—â—st 〈…〉 own destruction I with Sir Iohn had kept his ground 〈…〉 defiaâ—ce to the inâ—adeâ—s of Englands Liberties in this particular with as muc◠〈…〉 hath since manifested in some other particulars of 〈◊〉 importance but by 〈◊〉 estooped beneath hâ—mseâ—fe Fâ—rbâ— their importunity â—ee ansâ—â—red their interrogatories negetively That neâ—â—â—er â—â—e papers prâ—â—â—câ—d nor thâ—â—â—me subâ—… Sir Iohn Maynard humbly moved for a Copy of the Charge brought into the Hâ—use against â—iâ— bâ— Mr. Corbet and time and Libâ—rty to examâ—â—â— his own wâ—tâ—â—ssâ—s by whom â—e â—ffered to pâ—â—vâ— the falsity of the most mâ—â—â—riaâ—l things objâ—cted against him But such was the rigour of the prosecuteâ—s and Juâ—â—e for they went one and the same that Magna Charta Pâ—â—iâ—â—n of Right the Stattute oâ— 37. â—dw 3. 18. and the Statute 38. Edw 3. and the 42. Edw 3 3. not one â—oâ—all of these could either by their glittering beaâ—es of Justice aâ—luâ—â— them or by an awfuâ—l Majesty constraine them to preserve inviolate this Naâ—ive Liberâ—y though the recited staâ—ute say expresly that no man shalâ— be taken c. nor disfrienged of his Free-hâ—uld but by the lawfull Judgement of his Peers or by the Law of the Land that is by being brought to answer by due procesâ—e of Commâ—n Law now who is ignorant that it 's contrary to all the pâ—â—â—â—edings at Common Law to have a Charge in an English Court aâ—d yet to be denied a Copy whereupon to returne answer or to be denied Councell in th◠〈◊〉 of Law was it ever known that the mâ—st infamâ—â—s seâ—â—n was denyed Couâ—cell at the Kings Beâ—ch Barre if â—â— pleaded the insuffiâ—cencâ—y of the indictment in Law and 〈…〉 more uâ— aâ—swerable reason that Sir Iohn should have had a Copy of the House of Commons Charge being it is an English Court and Câ—uâ—cell also assigned him upon his Pica that the Charge against him was not legâ—ll Notwithstanding all these irâ—eguler arbitrary proceedings the House being reduced to about â—â— pasâ—â—d Judgement upon Sir Iohn Maynord tâ—â—t he should be expelled the House Observe how the foundation of Englands Freedom is subverted this Gentleman a Commoâ—er of England is disâ—eized of his câ—oâ—sest Franchises or Liberties the place of highest trust contrary to the established Lawes This Censure is passed upon him witâ—oâ—â— one witnesse being heard in opâ—n Court either prâ— or coâ— aâ—d the Gentleman that made the report from the Committee onely named one witnesse which he said he could produce as to any particular objected against him Now by the Statute of 5. Edw 6. C. 11. It is provided that no man should thenceforth be indicted for any Treâ—soâ— that then was or from that time should bâ— from Iune then next ensuing perpetrated committed or done unlesse the offender be thereof accused by two lawfull accusers except the party shall without violence conlesse the same yet here you see a Judgement in Parliament passed against Sâ—r Iohn for the pretâ—nded câ—ymâ—s which they stile Tâ—â—ason although there was a pretence but of one accâ—â—er or witnesse to any 〈…〉 2. This Judgement is passed against this Gentleman before his Pica to the legaliâ—y of the Charge was freely aâ—gued by Councell and jâ—stly determiâ—ed whereas commâ—n reason dictates that the matter of â—â—ct comeâ— not in question untill the Charge or accasation be it as it â—ught â—o be by perscentment or indictment unâ—il I see the legality of that be determined Now if the Câ—mmoneâ—s of England may be disleized of their châ—isest Freedoms and priviledges contrary to the known Law yet to the universall Commands of nature what Basis or foundation of Freedom remaines firme what security to the life of any Commoner of England more then the good will of the prevailing party But a further progresse was made towards subversion of our Liberties A further Judgement was passed against Sir Iohn Maynard viz. That he 〈…〉 to the Tower to remaine a prisener there during the pleasuâ—e of the Hâ—nâ—â— There was no cause specified of this censure either in the Clarkes Book or in the Warrant or Mittimus directed to the Lieutenant of the Tower By vertue of an Order of the House of Commons these are to require you to receive from the Serjant at Armes or his Deputy the Body of Sir John Maynard Knight of the Bath into the Tower of London and him there to detaine in safe Custody as your Prisoner untill the pleasure of the House be signified to you to the contrary And for so doing this shall be your Warrant To the Lieutenant of the Tower in London Dated Sept. 1647. William Lenthall Speaker Here is the impoysoned arrow shot through the principall Vitall of Englands Liberty here is equity Law and Justice deâ—hroned and absolute will or blind lust challenging the proper imperiall seat of England This Commitment drawes the black line over the name of English Fredom yea the line of confusion upon the Kâ—ngdom If the Supreame Authority shall thus actually aâ—ow that they are to Governe â—â—ose and disâ—olve all Laws of Government * to
â—â—sseised of his Free hold 〈◊〉 Liâ—erâ—ies or Customes or 〈…〉 or exiâ—ed or any wayes destroyed nor we will not passeâ— on him nor câ—ndemn him but by the lawâ—ull juâ—gment of hi◠〈…〉 the law of tâ—e Land Bâ— the judâ—ment of â—is peers is hâ—re meaâ—â—â—â—e verdict of 12. of his Equals and observe the latitude oâ— this â— exâ—ends to aâ—l cases whatsoever not only to crâ—minall caâ—es but â—o aâ—â— caâ—eâ— oâ— conâ—roverâ—e about meâ—m â—â— tuuâ— all is coâ—tâ—â—nâ—d uâ—der be â—â— words Free-Folds Lâ—berties â—r Free-cuâ—tomes whatever any man pâ—ssesse its to be comprehended under the nâ—â—â—â—n â—f Free â—oâ—d or a Liberty or Free-hold and yet iâ— this shouâ—d seem deâ—câ—tive â—â—e nâ—xt wordâ— would supply if we will not passe upon any man neque bimuâ— nâ—que mâ—ttemâ—â— c. â—aith the Latine that is neiâ—her the King nor any justice or Câ—uâ—â— shall try any â—ree men but by his Equals â—o that by law the Lords are totally excluded â—rom intermedling with the tryalâ— of any Commoner in any case wâ—atâ—oever And to his agrees the Statuâ—e of 25. Ed. 3. c. 4 42. Ed. â— c 3. and there are 〈…〉 Sâ—aâ—utes in force â—ew in print enacted since Magra Charta which ordains the tryall of all Commoners to bee by theâ—â— Equals on 〈◊〉 and tâ—e same Charter and many of those Statutes particularly are confirmed by the Peâ—â—tion of Right 3 Car. and by the Acts in dâ— this â—reâ—ent Parlâ—ament for the aâ—olâ—shâ—ng the Star chamber and 〈◊〉 â—aâ—le nâ— the â—anâ—n Lawes so that whilest those Laws re in force the Lord House is incapable to be made Iudges of any Commâ—â—er But it seâ—mâ—s this liberty of the Commons of England was sometimes invaded â—y the Lords and Sir E. Cook 2. part of Inst. â— p. 50 â—aiâ—h that iâ— wâ—s enacted at the 〈◊〉 of the Lords that hereaâ—ter no Peeres should be droven to give judgment on any otherâ— then on their Peers according to the Law and he cites Rot. Parl. 4. E. 3 â—â— 6. 10 maâ—ntaine his asserâ—ion and it s recorded in 4. E. 3. Rot. 2 in Sir Sâ—mon de Bereâ—â—ords case who was adjudged as an accessary to Roger Morâ—imer in the murder of King Ed. 2 in these words THE PRECEDENT ANd it is assâ—nted anâ— aâ—râ—ed by our Lord the King and all the Graâ—â—ees in 〈◊〉 Paâ—â—â—ment that albeit the â—aid Pâ—â—râ— as â—udges of Parliamenâ— took upâ—n 〈◊〉 in the presence of â—ur Lord the King â—â— make and given 〈…〉 by the aâ—â—enâ— of the King upon â—â—me of â—â—em which were not their pâ—â—rs and by â—eason of the murther o◠〈…〉 â—ord aâ—d â—â—struction oâ— him which was so â—eere of 〈◊〉 râ—yall and â—on of a Kinâ— that therefore the 〈◊〉 Peeres which 〈…〉 be not bound orcharged to give judgemâ—nâ— upon oâ—â—ers 〈◊〉 their Peers nor shall do it but let the Peers of the Land 〈◊〉 power but of that for ever they be discharged and 〈…〉 judgment â—ow given be not drawne 〈…〉 for the time to câ—me by which â—e said 〈◊〉 â—ay â—e charge 〈…〉 to judge others then their Peeres agaâ—nst 〈…〉 of the Land â—f any suchcase happen Now 〈◊〉 hence â—â— may â—e collected that it was against the law of the land for the Lords to juâ—ge a Commâ—ner in any case whatsoever and 〈◊〉 they were again bâ—â—rd by their own 〈◊〉 neâ—er to judg any 〈…〉 for Sir 〈…〉 a that was â—nâ—â—ted But 〈◊〉 the law were 〈…〉 as to the Lâ—â—ds 〈…〉 can 〈◊〉 any jurisâ—â—â—◠〈…〉 not receive it as a trust 〈…〉 which 〈…〉 a juriâ—d 〈…〉 them â—nd aâ— yet â—â— never 〈…〉 law that gaâ—e th◠〈…〉 to theâ—r practiâ—e But 〈…〉 at the Lordsâ—re the supream Câ—urâ— of â—ustice in caâ—es 〈…〉 juâ—gmenâ— or caâ—es of 〈◊〉 and 〈…〉 by Act of Parâ— by 〈…〉 thâ—â— the Author of 〈…〉 upon 〈…〉 Sir 〈…〉 Lords I 〈…〉 c. and it may 〈…〉 thâ—t the lawes whereupon 〈…〉 of their 〈◊〉 ever him in criminall causes â—ever made such a distinction between causes criminall and civil â—nd that in case 〈◊〉 Lâ—wes were invalid to exclude them from exercising any 〈…〉 of â—rrour and which conceâ—â—es the â—reeâ—olds and liberties â—â— Commoners then they are also invalide to restrain their exercising jurisdiction oâ—er him in cases criminall But because the statâ— of Ed. 3. câ—5 conceived to be â—hâ— bâ—sis of the Lords jurisdiction in cases of erronious judgements â—delâ—yes c. I shall unâ—â—ld the meaning of that statute That statâ— ordaâ—ned that a 〈◊〉 2 Earâ—â—sâ—â— Bâ—rons should bee châ—sâ—n to receive Commissions from 〈◊〉 King to â—e are the Petiâ—â—ons of those where caâ—â—â—s wâ—râ— dâ—â—larâ—d in any 〈◊〉 â—o that no judgement could â—e obtained and to inâ—uire 〈◊〉 jusâ—â—ces of any court the reasons of such deâ—aiâ—s and by the advice oâ— tâ—e â—ustices of â—oth Benâ—â—es t◠〈…〉 and give judgement and remand the cause â—o the â—ustices to execuâ—e the â—aiâ— judgement 〈◊〉 if the case be 〈◊〉 it is to be transfâ—rred to Parliament That those 〈◊〉 were thus chosen by Parliament to prevent deâ—ayes of judgement should 〈◊〉 onely 〈◊〉 one Parliament until 〈◊〉 therâ—fore P. A. B B of 〈◊〉 the Earle of 〈◊〉 â—◠〈◊〉 the Lord 〈…〉 were then 〈◊〉 ordâ—â—ned to contâ—â—ue â—ntiâ—l the nâ—â—r Parliament Hereby it appeares this statute gives the house of Lords no power to 〈…〉 in cases upon â—â—its of 〈◊〉 â—â—ither dâ—â—h it appeare that this staâ—uâ—◠〈◊〉 been observed 〈…〉 Parliaments have ever 〈◊〉 â—â—at time chosen 2 〈◊〉 2 Baâ—ors â—â— hear petitions in cases of 〈…〉 judgement â—ut the law hath provided that all the Iustices Baâ—â—â—ns of the 〈…〉 being of the â—rdâ—r of the â—uoiâ—â— or else the Lor◠〈…〉 and Lord 〈…〉 either by a speciall wrâ—◠〈…〉 determine 〈…〉 to be passed this is the 〈…〉 8. 31 Elâ—â— 1 A 〈…〉 would 〈◊〉 â—ow that 〈◊〉 of the Lords jurisdiction 〈…〉 upon this statute 1. 〈…〉 judgment 〈…〉 Lords â—â—use are so much as 〈…〉 statute 2. Tâ—e 〈…〉 ordâ—â—ned to be câ—oâ—en to heâ—re Petitioners in cases o◠〈…〉 judgment were to be câ—osen by the Parliament 3. 〈…〉 if the case wherein judgment was 〈◊〉 were 〈…〉 Lords should 〈◊〉 it unto the next Parliament And as for the statute of 2â— of Eâ—iz c. 8. which thâ—y say confirmed â—â—e stat of â—4 Ea. â—5 the very first clause says thus forasmuch as erroneous Judgâ—mâ—nts given in the Court called the Kings â—ench are onely to be reâ—â—rmed by that high Câ—uâ—t of Paâ—iâ—menâ— c. And then it makes that provisâ—ion which I mentioned beâ—â—re by a wriâ— of errour from the Chancery and yet it leaves â—haâ— planâ—â—â—e at libeâ—â—y to â—ueâ—n the high Court of Parliament to reverâ—e the 〈◊〉 Iudgement and so â—e stat of 31 â— d. c. 1. alâ—o concâ—udâ—s and Sir Ed. 〈◊〉 in the same place 4 part Iâ—st p 20 21 where he aâ—â—owes the 〈◊〉 â—o have â—urisdâ—ction over â—ommoners in cases of erâ—oneous Iudgâ—mâ—nâ—s and saith thus a party grieved upon a Petition to the King may
have a writ of errouâ— directed to the chiefe Iustices of the Kings-bâ—nch for removing the errour iâ—to the present Parliament and he prâ—duceth 〈◊〉 president in these words The Bishop of Nâ—rwich â—â—â—weth that an errâ—neous judgement was given against him â—o the common placâ— fâ—r the Arcâ—dâ—coâ—ry of Norwich belonging to his presentation anâ— prayed that â—hose errours might be heard and redresâ—ed â—n answer was maâ—e that by he law errours in the common place are â—o be corrâ—câ—ed in â—â—e Kings bench and of the Kings bench in the Parliament and â—o otherwise now I desire any Lawyer to informe me wheâ—â—er accâ—rdâ—ng to the custom of England the houâ—e oâ— Lords be caâ—â—ed the Parâ— of Eâ—gl or what is done by them can be â—aâ—d to be â—one by Parâ—â—am â—ut you may observe how learned Sir Edward Cooâ—e contraâ—â—â—tâ— himâ—elfe when once he forsakes the rule of the Law and now I suppose I may coâ—clude there is no wriâ—ten Law authâ—rizing the Lords to take câ—gnizance of any case of Commoners whatsoever and if Sâ—r Eâ— â—ooke say true 1. part lust see 19â— p. 125 that in case a â—â—ry commeth out of a wrâ—ng place or reâ—urned by a wrong offâ—cer and give a verdict Iudgement â—ught not to be given upon â—uch a verdict then much better I might conclude â—hat all the judgment of the Lords passed upon Commoners are â—uâ—l in themselves Objection But it will be yet objected that by Custome the Lords have a juriâ—diction over Commoners and that both in cases of erroâ—â—ous judgements and also in criminal cases Answ. 1. There is no legall custome for their exercâ—se of that juriâ—dictâ—on there are two things essential to a valid custome 1. 〈◊〉 2 Time yet that time must be such whereof there is no râ—â—mâ—â—y of man â—as Câ—ok saith 1. part dâ—â—stit p. 144. and the usage must be peaceable end without interruption but both these are wanting for iâ—s within the memory of man that the Houses were divided and â—heâ— the Lords had no such juriâ—diction The Lords being a House by themselves was but since King Richard the first but more prâ—oâ— of this in some other treaâ—ise and iâ—s evident by the Precedent of Sir 〈◊〉 de Berâ—sfords Case That the Lords have beene interrupted in their pracâ—â—â—e of judging Commoners Answ. 2. Suppose there were custome yet there is not the same reason that 〈◊〉 should invesâ— any with a power of judâ—cature as that it should be a Title to any liberty pertaining to a Town or an inheritance c. if long usurpations of power should make the exercise thereof legalâ—â— the very â—oundaâ—iâ—n of just Government were subveâ—â—ed Answ. 3. But â—urâ—her no custome that is against an act of Parliament is valid in Law and it s proved that the Lords exercise of jurisdiction over Commoners is against many Acts of Parliament there may be fifty found conâ—â—â—ming each other Answ. 4. Customes are only valid when reaâ—onable Coâ—k 1. part â—nstit p. 62 that any customes how long soever it â—ath continued if it be against reasoâ— it s of no â—orcâ— in saw and pag 56. â—e saith nothing that is contrary to reason is consonant to law that oâ—Vlpiaâ—â— l. 29. 〈◊〉 unquestionabâ—â— quod ab 〈…〉 est c. Course of time amends not that which was corrupt in â—â—s originall Now that the Lords jurisdiction oâ—er Commoners â—s diâ—conâ—â—nant to equity and reason I suppoâ—e Sir Iohn Maynards Protest that followes will evince to minde â—ree from prejudice yet this I â—hall here add That the â—aw of nature abhors the I 〈◊〉 claime to a juriâ—dâ—ction over all the people of the Land as unreasonable 1. â—â—s repugnant to the law of nature that the judgment of the law and of the guilt and innocency of persons should be commâ—tted to any number of men withouâ— a diâ—cretion o◠〈◊〉 or any judgment passed upon them whether they bâ— capaâ—â—e or 〈◊〉 of the place of judgment and this is the case oâ— the 〈…〉 most of them at least â—it in that House becauâ—e 〈◊〉 were 〈◊〉 â—f Patents whâ—câ—â—ad Pâ—ttents for Bâ—â—onies Eaâ—ldomâ— c. from the 〈◊〉 and no prâ—â—â—tion ever made of their sutablenesse or unsutâ—blenâ—sse and the laws of the land seeme also to 〈◊〉 this Sir Edward 〈◊〉 1 part Iâ—st â— pag. â— saith If an Office either of the grant of the King or Subject which concerns the administâ—â—tion proceeding or execution o◠〈◊〉 and bâ— granâ—ed unto a man that is unexpâ—â—â— and haâ—h 〈◊〉 of science to execuâ—e the same the grant is mâ—erly void in law Is it not indeed irrationall that any person should be constiâ—utâ—d a Juâ—ge over the people blind sole before 〈◊〉 possâ—â—le to know whether theâ—e will be honesty 〈◊〉 wisdome in him 〈◊〉 for judgment â— Iâ—s repugnant to the law of nature that any number of men and theiâ— Poâ—â—erities should be constant Judges of the guilt or innocency of whâ—m they please or of aâ—l the people â—n a 〈◊〉 if this werâ— grâ—nted can it be avoyded but they muâ—t be frequently â—uâ—geâ— and Parties and this is directly included in the Lords claime to a juriâ—dictiâ—â— over Commoners and expetience gives cleere testâ—mony to this in Sir â—ohn Maâ—â—ardâ— present case for the major part atâ—east of the present Houâ—e of Lords subscriâ—ed an Engagement at 〈◊〉 heath to joyne with the Army against the City in that unhappy diffâ—â—â—nce and yet they would be the Judges of Sir â—ohn who they â—ay iâ— guilty of treason ringaging against them and the Army at that time 3. I câ—uâ—d say the written Lawes of God abâ—â—rs the manner of the Lords claime to a â—uriâ—dâ—ction over Commonâ—â—â— they will not submit the 〈◊〉 to be â—â—â—yed â—y Commoners and â—o do not to others aâ— they would theâ—â—hould do to them Therefore I may conclude that the common law of â—â—gland the â—nwritten and written law of God declares this custome â—â—ll in Law Answ. But â—â—rchâ—r Custome in this case consâ—sts onely of many Acts of Judicature which the Lords have exercised over Commoâ—ers and à facto ad jus non valet argumentum because they have usurpod a power therefore they may continue their usurpation is on good Argument Yet it may be further said that all their judgements passed upon Commoâ—ors before this present Parliament were â—ulled by the Acts of Parliment made in 17. Car. for the abolishing the Staâ—â—e-Chamber and Counsell Table wherein Magna Charta and the Stat. of 42. Ed. 3. and the Petition of Right 3. Câ—r and other Statutes were confirmed which declare all judgements that are passed coâ—taâ—y to the Teâ—â—re of Magna Charta to be holden for â—ought and by consequence the â—ords are deâ—oyd of all presâ—deâ—ts also for exercising a â—urisdâ—ction over Commoâ—ers unlesse they produce those made siâ—ce the War wherein the voice of the Law could not be heard for the noise of the Drum and souâ—d of the Tâ—â—mpet Now from all these consideratâ—ons I shall presume to collect this
have received thereâ—â— And least any shouâ—d view his Case with an eâ—â— whose pure Christal line humour is viâ—â—atâ—â— with prejudâ—â—â— i. â—â—me give you a Character of the Gentleman 1. Sir Iohn was bred a Courtier and had â—â— least the favourable aspect to say no more of King Iames and the present King Charles yet his privâ—te ingagements to the Court and his interest there was to more to hâ—m when the interest of his Countrey stood in compâ—tition with the Courts then the 〈◊〉 wyths 10 Sampson he appeared with undaunted courage with the first that arose to vindicate the Parliaments and the peoples cause be lent â—10 pound upon the first Propositions 2. As he began with the first so he persevered without wâ—vering when the Parliament was in its most despicable condition and their Army at the lowest ebbe when the Army was new moulded and Sir Thomas Fairfax elected Generalâ— his endeavours to promote that designe were eminent he lent 1000. l. and procured 3000. l. more by his influence upon his friends towards that 8000. l. which necessity then required â— For his demeaâ— our in Parliament there is a cloud of witnesses that according to the Dictates of his consâ—â—ence his endeavours for common justice were eminent but above all he was exemplary in opposing the Members mutuall gifts each to other out of the publike treasury be often inculcated that it was illegall that Fâ—ofees in trust for the people as theâ— were should dispose of the publike Treasury amongst themselves and that it was contrary to their Declarations and destrâ—ctive to the Souldiery and the desolâ—te Widdowes and Orphans and that it rendered them infamous a reproach and scorne amongst all the people and to the adjacent Countreyes if I did not much affect modeâ—â—y in parties which are Competitors I would in large this Character But that which kind led the indignation of L. G. Cromwell and Commissary Gen. Iretâ—n against Sir Iohn was his declaiming against the partiality ambition covetousnesse and injustice of the Grandeâ—â— of the Army he testified his dislike of that notable peece of injustice that L. G. Cromwells son Ireton being the puny Colonell in the Army should upon the day of Naseby Battell be advanced above all the Colonells to be Commissary Generall and he imputed it to this injustice that Commissary Generall Iretons Regiment first turned their backs in that Battell and likewise he testified with some bitternesse his abhorrency of the unworthinesse of some generaâ—l Officers in the Army which lurked in a Wind mill aâ— Nafeby Battell viz. L. G. Haâ—â—mond Scoâ—t-Master Gen. Waâ—sen Muster M. Generall Stanes and he was a constant sharp Antagonist to the Independent party wherein he only followed the Dictates of his consâ—â—ence This without conâ—toversie was the reason that Sir John was one of the 11. Members impeached by the Army for L. G. Cromwell confessed at Colebrook that they had nothing against him this will be proved by witnesses but whosoever shall observe the Armies impeachment of the 11. Members will discerne that there is nothing against Sir Iohn in any of the Articles unlesse it be where they mingle his name with others to câ—lour over their conspiracie against him but Sir Iohn being an active man in the opposite party there was a necessity to remove such an obstructer of their Empire And for the Articles of Treason now against him for levying war I only desire to acquaint the Reader that Sir John offered to produce two Members of Parliament and other Witnesses to prove that he was at his house in Suâ—rey five miles from London when the London-ingagement voted by the Parliament to be treason was prosecuted and likewise when the â—â—â—ult happened which offered force and violence to the Parliament neither had he set in Parliament during the absence of those Members which fled to the Army had he not â—een commanded to attend the House and by Ordinance of Parliament appointed to be of the Committee of Safety Now to the stating of his Case First about theâ—â— of Septemb. last a Warrant issued forth by Order of the House under the Speakers hand to bring the body of Sir John Maynard to answer to such things as should be objected against him In the first sâ—ep of their proâ—eedings to qâ—estion and prosecute Sir Iohn they deviated totally from the paths of Law and Justice and it 's no wonder all the progresse towards his 〈◊〉 is so irregular the foundation of their proceedings against him is hid upon will pleasure or a supposition of an absolute unlimited dominion if the Law should be acknowledged to be the measure of their proceedings it 's beyond dispute that the body of no Englishman can be legally arrested 〈◊〉 by vertue of any Warrant wherein some cause is not expressed â—â—d that with 〈◊〉 certainty and particularity that it may appeare judicially that the arrest is â—â—â—st these are the expresse words of Maâ—â—â— Chartâ— That no man shall be tâ—kâ—n that iâ— arrested or attached or restrained of his libertâ— unlâ—sse it be bâ— iâ—â—â—ctment or presentment c. and therefore Sir Edward Câ—â—â— fâ—ith 2. Part. Instit. â—â—l 391. that a Warrant to restraine any person of his liberty to answer to such things as shâ—ll be objected against him is utterly illegall and that very legall Warrant must have a lawfull cause of the persons restraâ—nt conâ—â—â—ned in it and if the Law had not thus provided we weâ—â— absolute vassâ—lâ—s to the wilis of Magistrates they might at their pleasure iâ—uâ— forth a Warrant to command the person of any man 30. or 40. 〈◊〉 distanâ— from â—hem to be brought before them to answer such things as shall be objected against him and when he appeares there may be nothing materiall against him or no crime pâ—rtaining to the cognizance of that person or Court that issued out the Wâ—â—rant and yet again the same person through private malice might be 〈◊〉 by the like Warrant and again also 〈◊〉 his estate be confâ—â—med or his â—â—adâ— destroyed by such molestations and expences incident 〈◊〉 and upon the like Warrant every Justice of the Peace might vexe and mâ—iest whom they please therefore the Law permits â—or the hâ—â—hest 〈◊〉 in England to command 〈…〉 despicable Englishman to attend him or be arrested or brought before him without a legall cause and his office or authority specified in the Warrant or Processe and upon this accompt the Parliament declared July 26. 1642. that it 's against the Lawes and Liberties of England that any of the Subjects should be commanded by the King to attend him at his pleasure first Booke Tarl Decl. p. 4â—â— Now who can distinguish between an absolute command to attend a Court or Magistrate and a Warrant to appear before them without a lawfull cause specified But though the axe is laid to the root of Englands Liberties by this first Warrant to appeare before them yet I wish this first stroake had been conâ—oundâ—d with the last bâ—t they