Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	lord_n	sir_n	20,088	5	6.7459	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88996	England's champion or, The iust mans fortitude, manifested in that gallant resolution of Sir John Maynard knight of that noble order of the Bath and a (late member of the Honourable house of Commons) &c. Being the copie of his letter and protest, sent unto the Lords Febr. 14. 1647. Directed as followeth. To the Right Honourable my singular good Lord, Edvvard Earle of Manchester, speaker of the House of Peeres. These --	Maynard, John, Sir, 1602-1690.	1648 (1648)	Wing M1455; Thomason 669.f.11[125]; ESTC R210785	3,017	1

ENGLAND's Champion or The iust mans Fortitude manifested In that gallant resolution of Sir John Maynard Knight of that noble Order of the Bath and a late Member of the Honourable house of Commons c. Being the Copie of his Letter and Protest sent unto the Lords Febr. 14. 1647. Directed as followeth To the Right Honourable my singular good Lord EDVVARD Earle of Manchester Speaker of the House of Peeres These My Lord YOur Lordship may please to remember I was before you at your Barre upon the 5. 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 Procceding but in regard your Lordships were pleased to Order me a-new to appeare at Your barre upon Saturday next being the 19 of Febr. 1647. I am necessitated with all humility and respect unto the just Honour of your House inclosedly to send You my Plea and Protest under my Hand and Seale which I humbly intreat your Honour to Communicate unto the House of Peeres this being my Vltimate resolution with which I humbly subscribe my selfe My Lord your Honours devoted Servant IOHN MAYNARD From the Tower of London this 1● Febr. 1647. The humble 〈◊〉 and Protest of Sir John Maynard c. Sent unto the House of Lords Febr. 14. 1647. My Lords I Am now aspersed with Treason but I should really contract the guilt of Treason against my Countries Liberty and render my Name infamous amongst the Commons of England to Posterity if I should regard your Articles of Impeachment as 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 Indictment of good and lawfull men where such supposed treasonable deeds were a See Cookes expos of the 29. cap. of Magna Char. 2. part Instit fol. 45. 46. See the Stat. of 25 Ed. 3 37 Ed. 3. 42 Ed. 3. 3. done And although I were Legally indicted the Case comes not under your Lordships Cognizance but seeing I am a Commoner of England by the established Lawes of the Land my triall ought to bee by a Iudge or Iustice and a Iury of Commoners and no b See Mag Charta otherwise and as the intent of those Lawes was that all Trials might be equall and impartiall so they are founded upon these impregnable grounds of Reason and Equity First the Iury are to be of the Neighbourhood where any crime is committed and some ought to bee of the same Hundred for the Law presumes that such may have either some cognizance of the fact or of some Circumstances thereof or of the Party accused whose condition and manner of conversation is much to bee regarded for the discovering his intention in any fact supposed to be Treason or Felony c. and the Rule of the Law is c See 1. part of Cookes Instit L. 2. ca. 12. Sect. 234. See 3 part Instit fol 32 33. Actus non facit reum nisi mens sit rea That a Iury man be according to Magna Char. Liber Legales homo a good and lawfull man he must have three propertie 1. He must be dwelling most neere to the place where the fact is done 2. He must be sufficient for understanding and competency of estate 3 Hee must be indifferent and free from suspition of partiality 2. The Iury that passes upon any Commoner one day may themselves bee in a condition to be tried by him another day as one of their Iury and hereby they are bound to indifferency and impartiality confidering it may bee their owne case 3. The Party accused may challenge or except against the Iurors either against the d See 1. par Cookes Iust L. 2. c. 12. sect 234 Array if the Sheriffe or Bayliffe impanelling the Iury bee not wholly disingaged and indifferent as to the Cause and the Party prosecuting or against the Polls and in case of reason 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 hee 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 Iudges of the fact for the Party accused may certainly bee indifferent equall and impartiall 4 The matter of Fact is onely intrusted to the Iury and the matter of Law to the Iudge for the preventing all Errors confederacies or impartiality 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 their Evidence Now from every of these the injustice and illegality of your Lordships claime to be both Iury and Iudges in the Tryall of mee or any Commoner is clearly demonstrable Your Lordships cannot be of the Neighbourhood where the Crimes of all Commoners are committed and cannot bee presumed to have any cognizance of the Facts or Parties offending neither doe you allow your selves to bee 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 Iury for your Trial 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 Lord ships 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 your Lordships to be Iudge in matter of Law while others should be Iudges in matter of fact neither are your Lordships sworne to Iudge according to Law or in matter of fact according to Evidence Having therefore such infallible evidence both from the Statute and Common Law that I ought to be brought to answer to any supposed crime only 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 cogniz●nce of any crime whereof I am suspected pertaines not to your Lordships I am resolved never to betray my owne and all the Commoners Liberties nor to consent to the subverting the Fundamentall Lawes of the Kingdome by submitting to a triall by your House or to answer to your Articles of Impeachment but I doe hereby protest against the forme of your accusation as illegall and your Lordships Iurisdiction over my selfe or any Commonner of England in criminall cases as being destructive to our fundamentall rights and Liberties and I doe hereby claime 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 Excellencio Sr. Thomas Fairfaxes command in all your and their Declarations remonstrances protestations oathes and Covenants have promised vowed and declared you will maintaine and preserve Iohn Maynard Published by a lover of peace and Iustice and the Liberties of the Commoners of England which now the House of Lords doth indeavour to destroy in the case of Noble Sr. Iohn Maynard who without all shaddow of Law or justice they intend upon Saterday next being the 19. Feb. 1647. to try and condemned in whom we are all tried and condemned and therefore let us as one man goe up with a Petition to the House of Commons on Friday next to demand our Liberties in St. Iohn and to desire the House if they ever intend to have us to stand by them more or obey them that they doe preserve our lost Liberties and not betray them to the Lords