The law's Subversion OR, Sir John Maynard's Case truly stated. BEING A perfect Relation of the man 〈…〉 s imprisonment upon pleasure, for the space of 〈◊〉 months by the House of Commons, and of the Impeachment of high Treason exhibited against him before the Lords, together with all the passages between him and the Lords, in Messages to them, and Speeches at their bar, as they were taken from his own mouth.  
Wherein also is contained a clear discovery of the dangerous and destructive infringement of our native Liberties, and of the arbitrary Government now introduced by an aspiring Faction overawing the Parliament.  
Also that groundless false report concerning Sir John Maynard's submitting to the Lord's Jurisdiction refuted, to the shame of the Reporters.  
By J. Howldin, Gent.  
Printed for Ja. Hornish. 1648.   

Sir John Maynard's Case truly stated.  
MUch admired Aristotle (Tutor to the greatest Emperor Alexander the great) was of opinion, that the laws, 
a 〈◊〉. Pol●●. l. 3. c. 10. p. 10●. 2●●.  not Kings, Princes, or Magistrates, be they one or more or never so good▪ ought to be sole ●ords or Rulurs of the commonwealth, and that Princes and governors ought to govern by the laws, and can●ot co●mand what the laws do not command, and ●n his judgement those who command that the Law should rule, command th●t God should rule but he that commands a man to be a Prince, i. e. to be an absolute Ruler, commands that ●●th a man and beast should be Prince●▪ for 〈…〉 and the lust of the mind are br●tish affect●ons 〈…〉 b●th Mag●strates and the very best of me●, out the Law●● a constant a●d quiet mind, and reason, ●o●d of all 〈…〉 and desire: answerable to this opinion have 〈…〉 proceeded in their first Constitution of their Governm●●●●▪ Pelitius saith, that kingdoms 
b See 〈◊〉. Hist. 6. p. ●2●.  were first erected and 〈◊〉 on the worthiest men by the free voluntary joint ●●●sent of the people, and founded a●d co●fi●med be customs and laws of each Country, a●d th●●efo●e they o●l●ged their King to conform their Government unto the Law●s established; so Dioderus Si●ulus testifies of the Egyptians, that their Kings 
c See Hist. ●●bl. l. ●. Sect. 20. p. 61, 62, 63.  were bound to conform the Regiment of their kingdoms and their lives and families to the laws establ●shed, and were obnoxious to censures in case of defaults, and Zeneph●● testifies the same of the Lacedemontans, and 
d zer. d● Lacedem. Repub. p. 690.  Licurgu● being little less than an Oracle in his time, took an Oath every month to govern the kingdom according to the laws ●nacted, and M. T. Cicero informs us of the famous Roman State, that the people gave laws to all their Magistrates, by which they should order their Government, thus much may be deduced from these words, Imperium in Magistratibus, Authoritatem in S●●at●, 
e 〈…〉. pro Rabino.  potestatent in plebe, Majestatem in populo, command was in the Magistrates, Authority in the Senate, power in the men●all people, and majesty in the people in general, so Livy hath these words frequently, 〈◊〉 decre●●●, populus jussit, the Senate hath decreed the people commanded, and whoever hath leisure to read Purc●● pilgrimage and voyages, Peter Martyrs Jud. Hist. Boemus de m●ribus Gentium, Strabo, and such other Histories, shall find that the Athenians, Persians, Corinthians, Medes, and Germans, Swe●es, D●nes, &c. prescribed to all their governors, laws and Rules whereb● to govern and reserved to themselves sovereign power to prescribe farther laws and limits to their Kings and M●gistrates, and to call them to a public account for their off●●ces and misgovernment, and thus A●drew horn 
f See Me●rour of Justice, ●. 21 p. ●.  an ancient Lawyer informs us, that when the forty Saxon Princes, which for some time r●led this Nation, chose to themselves a King, they made him swear at his ●n●●garation, that he should govern the people by rules of Law without regard to the person of any, and that he should be obedient to suffer right as well as any of the people, and at the Coronation of Kings unto this day there is an Oath appointed wherein they s●eare 
g See Parliament Dec. of Sep 2. ●● 42. 1 part bo●k Dec. p. 712. 713.  to keep the laws and customs then established, and to grant and defend all such rightful laws as the Commons of the realm shall choose.  
And without controversy this concurrent practice of the Nations in obliging all Magistrates to govern by laws only, was founded upon impreg●●ble reason and equity.  
Every Nation is but a rude ind●gested, Chaos a deformed lump until laws or rules of Government be established, laws are the vi● plistica or formatrix that forms the principal vitals, the heart, the bra●ne, the liver of the commonwealth, as it is such the Law●s of every people puts the difference (as to them) between things judicial●, just and unju●●, good and evil, the laws are the only measure and boundary of every man's right, interest and property, without such rules of Government every man's right to any thing is equal, and every man's t●tle to Magistracy or rule r●ns parallel with other, therefore when the laws of a people are destroyed, and Magistrates exercise dominion over them, as being loose and absolved from all laws or Rules of Government, and obnoxious to no censures, than all things return to confusion, and every man's depraved will become● a law to himself, and as many as he can subdue by his sword, then just, envy, malice, covetousness and ambition supply the place of Law, and most men must be subject to their Dictates and decisions, th●● faction, and private interest, exalt and abase, destroy and save alive at their pleasures, than distractions, commotions and bloody massacres overspead the face of a people, and no security remains to the estates, liberties or lives of the people, more than to the wild beasts of the forest.  
Now what pu●blind eye cannot discern England's fa●e in this glass, are not our laws subverted and turned into arbitrary Decrees and resolutions, every day rising and every day withering like M●shromes, and are we not governed by those who conceive themselves absolved from all laws or Rules of Government, ●●a are we not governed Jure vago & inc●●●●, by a leaden 〈◊〉 Rule, to which we cannot square our obedience, but in●st writ until the Grandees that guide the Legislative power, measure our actions for us, or apply the Rule, m●● we not complain with the Frenchmen in Lewis the eleventh▪ tim●s that will is law, and law is will, what is now more common than a transgression without a Law, an accusation without an Accuser, and imprisonment without a cause rendered, a sentence without a legal Judge, and ● condemnation without a legal hearing or trial; who can promise himse●fe the least safety either in his life o●● liberty, unles●e h●s mind and conscience be ta●quam 〈…〉? as a pure table wherein the prevailing faction may freely engrave the determinations of their wills. I shall not for present endanger the Readers ey●s with an uncessant e●●iux of brinish tea●●s by relating many of the do●efull tragedies really acted upon our Libert●s; I shall ooe●● give you an impartial narrative of Sir John Maynard's Ca●e, and of the wounds which our liberties have received there●●.  
And lest any shou●d view his Case with an e●● whose pure crystal line humour is vi●●at●● with prejud●●●, i. ●●me give you a Character of the Gentleman.  
1. Sir John was bred a Courtier, and had ●● least the favourable aspect, to say no more, of King James and the present King Charles▪ yet his priv●te engagements to the Court and his interest there, was to more to h●m when the interest of his country stood in comp●tition with the Courts, than the 〈◊〉 wyths 10 Samson▪ he appeared with undaunted courage with the first that arose to vindicate the Parliaments and the people's cause, be lent ●10. pound upon the first Propositions.  
2. As he began with the first, so he persevered without w●vering when the Parliament was in its most despicable condition, and their Army at the lowest ebb, when the Army was new moulded, and Sir Thomas Fairfax elected General● his endeavours to promote that design 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.  
●. For his demea● our in Parliament, there is a cloud of witnesses, that according to the Dictates of his cons●●ence, his endeavours for common justice were eminent, but above all he was exemplary in opposing the Members mutual gifts each to other out of the public treasury, be often inculcated that it was illegal that F●ofees in trust for the people as the● were, should dispose of the public Treasury amongst themselves, and that it was contrary to their Declarations, and destr●ctive to the soldiery and the desol●te widows and Orphans, and that it rendered them infamous, a reproach and scorn amongst all the people and to the adjacent countries▪ if I did not much affect mode●●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. Iret●n against Sir John, was his declaiming against the partiality, ambition, covetousness and injustice of the Grande●● of the Army, he testified his dislike of that notable piece of injustice that L. G. Cromwell's son Ireton being the puny colonel in the Army should upon the day of Naseby battle be advanced above all the colonels to be Commissary general, and he imputed it to this injustice that Commissary general ireton's Regiment, first turned their backs in that battle, and likewise he testified with some bitterness his abhorrency of the unworthiness of some genera●l Officers in the Army which lurked in a Wind mill a● Nafeby battle, viz. L. G. Ha●●mond, Sco●t-Master Gen. Wa●sen, Muster M. general Stanes, and he was a constant sharp Antagonist to the Independent party, wherein he only followed the Dictates of his cons●●ence. This without con●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 army's impeachment of the 11. Members will discern that there is nothing against Sir John in any of the Articles, unless it be where they mingle his name with others, to c●lour over their conspiracy against him; but Sir John 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 Su●rey five miles from London, when the London-ingagement, voted by the Parliament to be treason, was prosecuted, and likewise when the ●●●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 ●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 the●● 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 s●ep of their pro●eedings, to q●estion and prosecute Sir John, they deviated totally from the paths of Law and Justice; and it's no wonder all the progress 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 virtue of any Warrant, wherein some cause is not expressed, ●●d that with 〈◊〉 certainty and particularity, that it may appear judicially that the arrest is ●●●st: these are the express words of Ma●●● Chart●, That no man shall be t●k●n, that i● arrested▪ or attached, or restrained of his libert●, unl●sse it be b● i●●●ctment or presentment, &c. and therefore Sir Edward C●●●▪ f●ith, 2. Part. Instit. ●●l. 391. that a Warrant to restrain any person of his liberty, to answer to such things as sh●ll be objected against him, is utterly illegal▪ and that very legal Warrant must have a lawful cause of the persons restra●nt con●●●ned in it; and if the Law had not thus provided, we we●● absolute vass●l●s to the wilis of Magistrates, they might at their pleasure i●u● forth a Warrant to command the person of any man, 30. or 40. 〈◊〉 distan● from ●hem to be brought before them, to answer such things as shall be objected against him, and when he appears there may be nothing material against him, or no crime p●rtaining to the cognizance of that person or Court that issued out the W●●rant, and yet again the same person through private malice might be 〈◊〉 by the like Warrant, and again also 〈◊〉 his estate be conf●●med, or his ●●ad● destroyed by such molestations and expenses incident 〈◊〉, and upon the like Warrant every Justice of the Peace might vex and m●iest whom they please: therefore the Law permits ●or the h●●hest 〈◊〉 in England to command 〈…〉 despicable Englishman to attend him, or be arrested or brought before him without a legal cause, and his office or authority specified in the Warrant or process, and upon this account the Parliament declared, July 26. 1642. that it's against the laws and Liberties of England, that any of the Subjects should be commanded by the King to attend him at his pleasure, first book Tarl. Decl. p. 4●●. Now who can distinguish between an absolute command to attend a Court, or Magistrate, and a Warrant to appear before them, without a lawful cause specified? But though the axe is laid to the root of England's Liberties, by this first Warrant to appear before them, yet I wish this first stroke had been con●ound●d with the last, b●t they proceeded to cut in sunder the p●●me roots of ●reedome.  
Secondly, Sir John Maynard obeying M. Speakers illegal Warrant, and att●nding the Hous●, 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 J●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 wa●es of injustice, when they have fors●●en the paths of righteousness; see the deformity and obliquity of their actions, when they refuse to measure them by the rules of the laws 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 criminal case? would any have believed that this Parliament should have degenerated so far, as to endeavour to compel a man to destroy himself? Is it not a ●●ddle surpassing all, that this monstro●s age hath produced, that this Parliament, that hath deemed the star-chamber and the council Table● names worthy to be a curse and a byword ●o posterity, because of their cruelty in censuring men for refusing to answer interrogatories, that this Parl. I say, s●ould urgently press Sir Io. Maynard to answer interrogatories against himself in this criminal case? Is it credi●le that this Parl. who complained in their first Remonstrance of the state of the kingdom (1. part Book Dec. p. 8.) 〈…〉 upon the people? or that th●s 〈…〉 ●ct of 〈…〉▪ is ●●●redible▪ I say, that they 〈…〉 ●ands have destro●ed, who c●n 〈…〉 rather ●mpute these proceedings to the 〈…〉 ●ohn it seems, resented 〈…〉 to answer M. Corbe●● redoubled Que●es, ave●ring 〈…〉 had better taught him then to ●●st 〈…〉 own destruction. I with Sir John had kept his ground, 〈…〉 defia●ce to the in●ade●s of England's Liberties in this particular, with as muc● 〈…〉 hath since manifested in some other particulars of 〈◊〉 importance: but by 〈◊〉 estooped beneath h●mse●fe; F●rb● their importunity ●ee ans●●red their interrogatories negetively, That ne●●●er ●●e papers pr●●●c●d, nor th●●●me sub●…  
Sir John Maynard humbly moved for a Copy of the Charge brought 
3. Liberty in●rieged.  into the H●use against ●i● b● Mr. Corbet, and time and Lib●rty to exam●●● his own w●t●●ss●s by whom ●e ●ffered to p●●v● the falsity of the most m●●●ria●l things obj●cted against him.  
But such was the rigour of the prosecute●s and Ju●●e (for they went one and the same) that Magna Charta, P●●i●●n of Right, the Stattute o● 37. ●dw: 3. 18. and the Statute 38. Edw: 3. and the 42. Edw: 3 3. not one, ●o●all of these, could either by their glittering bea●es of Justice a●lu●● them, or by an awfu●l Majesty constrain them, to preserve inviolate this Na●ive Liber●y, though the recited sta●ute say expressly, that no man shal● be taken &c. nor disfrienged of his Free-h●uld; but by the lawful Judgement of his Peers, or by the Law of the Land: that is, by being brought to answer by due proces●e of Comm●n Law: now who is ignorant that it's contrary to all the p●●●●edings at Common Law, to have a Charge in an English Court, a●d yet to be denied a Copy, whereupon to return answer, or to be denied council in th● 〈◊〉 of Law? was it ever known, that the m●st infam●●s se●●n was denied council at the King's Be●ch bar, if ●● pleaded the insuffi●cenc●y of the indictment in Law? and 〈…〉 more u● a●swerable reason that Sir John should have had a Copy of the House of Commons Charge, being it is an English Court, and C●u●cell also assigned him upon his Pica, that the Charge against him was not leg●ll.  
Notwithstanding all these ir●eguler arbitrary proceedings, the House 
4. Liberty in●rierged.  being reduced to about ●●. pas●●d Judgement upon Sir John Maynord, t●●t he should be expelled the House.  
Observe how the foundation of England's Freedom is subverted, this Gentleman, a Commo●er of England, is dis●eized of his c●o●sest Franchises, or Liberties, the place of highest trust, contrary to the established laws. This Censure is passed upon him wit●o●● one witness being heard in op●n Court, either pr● or co●, a●d the Gentleman that made the report from the Committee only named one witness (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 Tre●so● that then was, or from that time should b●, from June then next ensuing, perpetrated, committed, or done, unless the offender be thereof accused by two lawful accusers, except the party shall without violence conlesse the same, yet here you see a Judgement in Parliament passed against S●r John for the pret●nded c●ym●s which they style T●●ason, although there was a pretence but of one acc●●er, or witness to any 〈…〉  
2. This Judgement is passed against this Gentleman, before his Pica to the legali●y of the Charge was freely a●gued by council, and j●stly determi●ed; whereas comm●n reason dictates that the matter of ●●ct come● not in question until the Charge or accasation, be it as it ●ught ●o be, by perscentment or indictment, un●il I see the legality of that be determined. Now if the C●mmone●s of England may be disleized of their ch●isest Freedoms and privileges, contrary to the known Law, yet to the universal Commands of nature; what Basis or foundation of Freedom remains firm? what security to the life of any Commoner of England, more than the good will of the prevailing party.  
But a further progress was made towards subversion, of our Liberties. 
5. Liberty infrienged  A further Judgement was passed against Sir John Maynard. viz. That he 〈…〉 to the Tower, to remain a prisener there, during the pleasu●e of the H●n●●.  
There was no cause specified of this censure, either in the clerks Book, or in the Warrant, or Mittimus directed to the Lieutenant of the Tower.  
By virtue of an Order of the House of Commons, these are to require you to receive from the sergeant at arms, or his Deputy, the Body of Sir John Maynard, Knight of the Bath, into the Tower of London, and him there to detain in safe Custody: as your Prisoner, until 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 empoisoned arrow shot through the principal vital of England's Liberty, here is equity, Law, and Justice de●hroned, and absolute will, or blind lust challenging the proper imperial seat of England. This Commitment draws the black line over the name of English freedom, yea the line of confusion upon the K●ngdom. If the supreme Authority shall thus actually a●ow, that they are to govern, ●●ose and dis●olve all Laws of Government▪ 
* This was declared in the Pa●l●ament● first Remōstra●ce of the state of the Kingdom, to be the grand design of 〈…〉 to absolve the Government ●to●● all restrai●t●●●aw●s, and persons, and estates  to di●pose of the persons of the people at their pleasure; then all mutual relations and dependency of a kingdom, and all the terms of distinction between Rulers and ruled, may be 〈…〉 the foundations of property are overturned, and no man 〈…〉 thing his own: but himself, and what ever he enjoys is at the pleasure of others. This man's of imprisoning this gentleman is a two edged sword, whereby our Liberties are mortally wounded.  
1. Here is an imprisonment without a cause expressed, and what's such a Commitment less th●n a virtual public Declaration, that you shall be destroyed in your Liberties, reputes, estates, and your lives ind●ngered because we will. Though their should be a just legal cause of imprisoning any man; yet if it be not expressed in the Order or Warrant: our Liberty is no less sub●erted, then if their were no c●l●ur, o● pretence of a crime in the least punctilio; the rule of the Law is, inter ●on apparentia ●t non existentia eadem est ratio, there ●s no difference between things that are not, and things that appear not; It's invincib●y avident, that our persons are absolute vassals to the wills of Governors, if a warrant for the imprisoning any man without a cause specified therein should be allowed as just or legal.  
Sir Edward Cook in the 2, part 〈…〉, fo. 591. averrs, that its the special thing required to make a mi●ti●●s legal, that the cause be expressed with such convenient certainty, and may appear judicially, that the offence requires such a judgement as imprisonment; Therefore the crime of a supposed off●nder imprisoned, must be in some sort particularise in the Mittimus, according to that of Festus, Act. 25. 26. 27. H●●ought for some certain crime to insert into Paul's Mittimus, whereby he should be sent to Cesar; For saith he, it seems unreasonable to send a prisoner and not witha●l to signify the crimes laid against him. And this is the true intent of Magna Carta, c. 29. wherein it saith, that no man shall be taken, or imprisoned without persentment, or Indictment &c. I could multiply reasons in this particular. As 1. from the indictment of an offendo● which ought to rehearse the effect of the Mittimus, and therein the particular crime, must be expressed. A second taken from the forms of the Habeas corpus, which ought not to be denied to any offendor out of the Kings-Bench, or out of the Chancery, the words are these.  
Precimus vobis quod Corpus A. B. &c. vna cum causa dect●ntionis su●, & habeatis coram nobis & c. ad subijciendum et reci●ien●m ea quae curia nostra &c.  
This Writ is to be directed to the gaoler, or sheriff detaining the prisoner, wherein he is commanded to bring the body of A. B. with the cause of his detention to receive, and suffer what the Court shall Order according to the Law. Now the gaoler is to return his Warrant to the Court, by virtue whereof he keeps any men prisoner, and if there be not a legal cause and authority expressed, its false imprisonment, and the gaoler may be indicted 
* So cooks Exp●. of Magna Charta. 2. part Iust. p. 55.  for it, upon the 〈◊〉. of Magna Charta, or an action of false imprisonment lies against him: and let it be observed that a general criminal head, as treason, felony, &c. is no legal cause to be incerced into the Mittimus, it's no sufficient return by the gaoler of the cause of his detaining a prisoner; for the Court can pass no Judgement upon an offendor, neither can any indictment be grounded upon such a Mittimus, wherein the crime is expressed only i● such a generality.  
The second wound which out Liberties have received by this gentleman's imprisonm●nt, is by this Order to detain him during pleasure, O this! this. I say strikes the fatal stroke to freedom and Justice: this overturns, overturns, overturns the foundations of the Kingdom; this one Act, if approved or drawn into presiden, hath a seminal vertu● whereby it contai●ed in it; self all the distinct species of injustice whereof the s●● was ever ye● spectators.  
1. T●is imprisoning without c●use specified, during pleasure, if ●t shall be av●w●d by Parliam●nt, doth ipso fa●t● enervate yea evacuate, & null a●l established Laws of the La●d; it renders all Rol●s and Records, no better than wa●te papers to l●ght Tobacco; to what purpose serves Magna Ch●rta, the Pet●tion of Right and other wholesome Laws, which say no man shall be imprisoned passed upon &c. or any way●s destroyed; but by the judgement of his equals or by due process ●t law.  
Again, i● we shall be destroyed of our liberies at the ple●sures & during the pleasures of corrup● men, and if any Englishman may be detained a prisoner, during the pleasures of others, of what use are those laws that provide a Habeas Corpus, should be granted out of the King's Bench, or Chancery; whereby the gaolers commanded, that the person of any complaining of injust imprisonment, be brought before the Judges, with the cause of his restraint, that as Sir Edw. Cook saith, if he be imprisoned 
* 〈…〉 2. 〈…〉 55 〈…〉  contrary to the Law of the Land, they may by virtue of Magna Charta deliver him, and if it be doubtful and under consideration, he may be bailed.  
This was also resolved by all the judges of England, that upon complaint of any prisoner they ought to send the King's writs ●or his body, and 
* 〈…〉 2. 〈…〉 p. 〈…〉  to be cert●fied of the particular c●use, and that in case they shall find no legal cause of his imprisonment, they ought and are bound by oath to deliver him; but of what use are these laws, and D●clarations of Law, if persons may be detained in prison, be it justly or u●justly, during the pleasures of any number of men whatsoever? I must prof●sse, I know no other use of the laws then to sh●w the boldness and presumption of injustice, that dare tram●le upon the laws and L●berties of the people, when they are most solemnly and eviden●ly declared.  
2. This Commitmen● during pleasure, establisheth the wills or lusts of men: as the rule whereby to punish transgressors: suppose they be real offenders that are imprisoned, yet if they must be disseized of their Liberties, Trade●, and other employments, during the pleasures of men, than their punishment is measured by the rule of their p●easure: and if men shall be censured in case of supposed or real offences according to the pleasures of others, than those men's wills or pleasures, must necessarily also be the rule wher●by the ●ffences must be measured, as to the degrees, ye●, whereby all the actions of men shall be tried, whether they be just, or u●just, good, or evil, and in case 500 shall assume and arrogate to thems●lve●, the abs●lu●e Dominion ever us, that it may be England shall have 500 di●●●nct lusts, unto which they must conform their actions.  
3. This Commitment during pleasure, supposeth the perso●s exercising that authority, to be unaccountable and ob●●●ious to ●o censures, for any possible ab●se of their power; If their pl●a●u●e be the supreme rule, whereby they shall judge of the people's actions, and ce●su●e them to the loss of their Liberties and dearest enjoyments, than there is no rule whereby to measure the recti●●de or obliquity, ●ustice, or injustice of their Government, and by cons●q●ence they are under an imp●ssibility to render an account of their ways: this the Parliament ab●●orred in the King, as appears by their last Declaration, showing the reason of their Votes, not to make nor receive any addresses to, or from the King, p. 12. they say the King hath laid a fit foundation for all Tyranny, by that most destructive maxim, viz. that he o●es an acc●mpt of his 〈◊〉, to none but to God alone; but whether this principle be esteemed by the present Grande●s that over-awe the Parliament, too sweet a morsel for any palate, except their own: I will not determine.  
4. This impriso●ing during pleasure expeseth the Liberties. Estates, (if not the lives) and all the people to perpetual uncertain●y; who can perfect●, soresee what construction the ruling Gen●lemen shall please to put upon the most innoc●nt actions, and inten●i●ns of any which are not blessed with the●r graci●us aspect? ●ow plausibly and with what facility may they at least question their actions▪ and upon what fair pretences may they commit them to p●●s●●ns? and if this shall remain during their pleasures, they solely depend upon the uncertain, inconstent wills of a ●ew G●andees; for the enjoyment of their Liberties, Trades, and 〈◊〉: o● howev●r upon the least pretence of a transgression, any man sha●l be imprisoned during pleasure▪ by the heads of the present faction or by their i●fl●●●ce upon the Parliament, and th●n his Liberty is lost for ever, and it may be his Family there by utterly ruined, being under an impossibility of regai●ing his freedom, unles●e he can please and satisfi●, either by c●eeping and cringing, or otherwise, the ambitious rumours or corrupt wills of those sta●ists. I might here also oportu●ely discover the abhorancy of perpetual imprisenment, or during the pleasure of any man manifested in the Statute and Common Law, and likewise what exquisite care the Law hath taken for the Liberties of men's persons, by the Law of the Land, be●ore the ●●●que●t: as app●ares by the laws of Ethel●ed, a man was ba●leable for any offerce▪ until he was co●victed, and Sir ●●ward C●●ke saith, that by t●e Common Law, a man accused or indicted of Treason, or of any F●lony whatsoever, was bailable upon 〈◊〉 surety; for the goal was only his pledge that could ●i●d none, and though some sta●u●es have since ab●●dged that liberty; yet the writs deodio & atia, still in force to helps such to bail, as are accused of Fe●●ny, and the care taken, that every man may have an Habeas Corpus, by imposing an Oath upon the Judges, and providing remedies, in case any should refuse to obey the writ of Habeas Corpus, those things I say manifest the tenderness of the Law, to every man's liberty, and it's a obhorency of long tedious or perpatuall imprisonment at pleasure, and the Law never intended, neither doth allow imprisonment to be a punishment; but only a safe Custody 
* See Cork 1. part. instit. Li. 3. ca. 7. sect. 438. fo. 260.  until the ordirary appointed times of trial.  
But I find it objected by some, that the Parliament is above laws, and statutes, yea, Magna Charta itself, and cannot be confined within their bounds▪ in their imprisoning supposed offenders and there●ore may imprison anyn an during pleasure: this I confeste is the opinion of the faithful & valiant sufferour Mr. Prin in his sovereign power of Parliaments. 4. part p. 27.  
Answ. I concelve this to be a gross mistake, confounding the legislative power with the power judicial, and executive of the laws: its unquestio●able, that the law-giving power of the Parliament is suptean●e to all the Statutes enacted by ●ormer Parliament●, ●h●y may at pleasure alter and rep●ale them, either totally or in part●●ct this law-giving power is not absolutely supreme to Magna Charta, who'ly at their pleasure; this great Charter hath 〈◊〉 consideration, either as it is in part a Statut● Law, and so it is subject to the pleasure of the Parliament, to be altered, repealed, or confi●med, or as it is a Declar●●ion of ●●e common Law, or of comm●n reason and equity, and thus t●s not pr●st●●●e at the sect of the Parliaments will. In the trust comm●t●ed by the people to the Parliament, to be legis●a●or; it is ●aturally▪ and necessarily employed and supposed; that common reason ●nd equity should be a law to their; a●d thence it is received as ●n und●●b●e maxim that comm●● 〈◊〉 may annull an Act o● P●rli●ment; but whilst Sta●u●e ●●ws, are not ●epealed by v●r●ue of the legislitive power, I supp●●● they are as obligatory t● the Parliament; either joy●●ly, or i●parately considered as to the meanest C●●m●n●r in England.  
And for their judicial power in declari●g the Law in particular cases before them, I conceive they are not, even in that, purely unlimited, or absolut●: they a●e li●i●t●d, as to the Laws wherein that Judicia●l power is to b● ex●●c●sed; the pe●all laws being in their own nature declara●ive, 〈◊〉 not the object of that powe●; ●uch laws ought to be taken in the letter o●ely, not by consequence or const●uction, otherwise they should ●●pl●y a contradiction to themselves; for b●ing who●ly declarative as they are p●nall, they should yet not be declarative, and its ●n undoubted maxim, that D●us non potest c●ntradictoria▪ God himself cannot do things contradict●●y, and I hope Parliaments are more mode●t then to challenge a power supreme to his.  
2. The Parliament is limited in their judicial power, in declaring the Law where Laws may be taken by way of consequence, eq●ity or construction: therein common reason is also a Law to these Judges of the Law.  
And for the Parliaments power in executing the Law, which is their power of imprisoning and censuring offenders; either they are to●ally subjected to the Law, and ob●●eged to proceed according to Law, or else they cannot judge men as transgressors. It's only than that men can be Ju●ged transgress●r●, when by a measuring their actions by the Laws, they are found to have walked contrary to, or swerved from the Law; But let it be observ●d, if the Parliament cla●ms a power to imprison, as being ●●●r●sted to be Executors of the Law, than it implies a contradiction, to say that power of theirs is above the Law, or that they are not obliged to proceed in every pun●ilio, according to the declared Law; for if there be the least abberration from the Law in their censuring or imprisoning any man, they do not put the the Law in Execution, but execute their lawless wills.  
B●t I would inquire whether the Parliaments imprisoning ●y m●●, be an act of their Jurisdiction ●ver hi●? If so, the●●● the name of that power be weighed 〈◊〉, a Declaration of the Law; N●w ●● implies another contradiction, to say that the Parliament have ex●●cised 〈◊〉 ●●●●sdiction ●ver 〈…〉 imprisoning him above, ●nd 〈◊〉 unto Law▪ ●●ither can i● be he●e said that the particular order ●● Parliament for imprisoning a●y man is a Law, and so is 〈…〉, ● declaring the ●aw for it is u●terly 〈◊〉 with ●●e nature ●● the Legisl●tive power to be Judge of what hath been do●●, and should it be admit●●●, that actions pa●● might be Judged otherwise, then by the rules of distributive Justice est●blished in a society of people o● Kingdom, the very foundations of the society or Kingdom were over turned; for the compact or Agreement of the people to in habit together upon such and such terms, and to be obliged to deal each with other according to such Rules; this compact I say were ●ull, and the people were no more ● body politic, but a confused ga●hering together of people, every one without obligation to other; and therefore the Parliament reputed it a most unworthy scandal, when the King accused them, that they disposed of the subjects lives, and fortunes by 〈◊〉 own Votes, ●●ntrary to the known Laws of the Land. 
* Se● the Re●. of Sep. 2. 1 642. 1 pa●t took D●●la p. 693.  Upon these grounds I shall presume to conclude, that a name is wanting to that Aut●●●ity of Parliament, whereby they imprison, o● censure any man, contrary to the Laws in f●rce when his ●ffence is 〈◊〉.  
And ●ow having helped you to the fi●st s●●a●e in the Tra●gedy, ● could 〈◊〉 to withdraw, and secretly ●ff●r ●●era●e to the memory of England's freedom. However court us R●ader) let thy thoughts 〈◊〉, and imagine si●. Ioh● Ma●●●●d lying ●●●mant in the ●ower 2● weeks, 〈◊〉 wi●h th●chaines of ●●●●enant general ●●omwels ●lea●u●e, but behold t●y ●a●ive Liberties 〈◊〉 with him, and I b●seech the vi●w 〈…〉 s●me 〈◊〉; ●lse th●● 〈◊〉 speedily 〈…〉.  
〈…〉 c●s●, should be made a 〈…〉 may b● 〈…〉 of the ruling faction, 〈…〉 not what to answer the Objections of you know not wh●●.  
2. You may be 〈…〉 of y●ur own sword, i. ●. to 〈…〉 ●●rpasely to in 〈◊〉 you to 〈…〉 y●u ●ay be ●●● by 〈…〉 a 〈…〉 to a● Oa●● Fx● 〈◊〉.  
3. By th●● 〈…〉 you may be cha●●ed 〈…〉 a pretended 〈…〉 be st●pp●d ● as 〈◊〉 o ave liberty to 〈…〉 he best▪ that P●●a sh●ll mee● wi●●deafe ea●e 〈…〉 your Judges, and throu●● 〈…〉 lawyer's brains, shall be ex●racted to compose 〈◊〉, a●d 〈◊〉 with the name of a Charge; yet you shall not be admitted to have Coun●el to open, and plead the 〈◊〉 and insufficiency of ●●e Charge; bu● judgement shall be pas●ed against you, without ●●gning, ●●b●ting▪ or kea●ing the Plea.  
4. By this precedent you may be sentenced to the loss of your best F●anchises and Freehold●; your places of trust, upon a● affidavit that a single witness can be produced to accuse you o● a pretended crime● the very light of nature, which averts one man● dental to be of as much validity, as one 〈◊〉 accusation. That light I say, shall be extinguished at the pleasure of the ruling faction, to make you an ●ffender, and bring you under their lash: and thus your lives shall be exposed to hazard, at the pleasure of every malicious informer, though suborned thereunto by others.  
5. By this precedent, your Liberty and Lives may be re●● from you at the pleasure of every person in power, a paper wherein no c●ime, ●er suspicion of a crime shall be specified: shall be a Warrant sufficien● for your imprisonment; it shall be sufficient to say its 〈◊〉 will, that the body of such a one be detained in prison, and you shall scarce dare to ask for what offence.  
6. By this p●ecedent, your imprisonment be it never so unjust, so 〈…〉 may be everlasting; you may be a prisoner to the pleasure, or during the pleasure of those in power▪ you may be aspersed or scandalised, and colourably Committed into prison, and that must be your perpetnall Mansion; there your Names and Reputations must perish, and ●o door of possibility shall be open to come to a legal trial for your first Vi●dication▪ or d●liverance; and this shall be the reason viz. Ten are committed during pleasure: thus by the ma●●c● of the ruling faction, you may in a m●ment be despoiled of a●● your comfort● by being a Prisoner without hope unless you can please your enemies.  
O that every Englishman would hea●ken to the groves of our dying Liberties! If the prevailing-Faction be suffered to make much further progress in these paths of injustice and arbitrariness, there will be no ●●treat: they post on in their j●urney towards an obsclu●e d●minion, 〈◊〉 ●acilis cescensus averni, sed 〈◊〉 re●● ce●e●gradum hic laber hoc opus ●st; who shall bring them back or obstruct their way, if we sit still until their journey be ●ea● finished? O that the daily subversion of our laws might be discerned before all those hands of union and s●●i●●y be dissolved! Those measures and ●●●nctions of right and prop●rty be con●e●nded, and this quondum beautiful Nation, become a rude deformed 〈◊〉! Bel●●ve it Reader, if Sir John Maynard peresh, or suffer in this illegal 〈◊〉 man●er (suppose him the greatest ●ff●nder) no man shortly shall have better evidence for his Life, La●ds, or Liberties, than the fav●urable aspect of the present aspi●●g Faction.  
But if the impoding danger to your Liberties a●d your in●ended V●●●age be not sufficient 〈…〉. I shall give you a further acc●mp●, how near the 〈◊〉 is complea●ng, wherein the wills of 〈◊〉 mighty sword men, sha●l ●it as our supreme Lords, makin● the 〈◊〉 of whom they please their 〈…〉.  
L. G. 〈◊〉 a●d ●is adherents, seemed 〈…〉 for twenty W●●ks, with 〈◊〉 destruction of Sir John Mayra●d in his 〈…〉, and 〈◊〉, but then their ●●di nation boiled 〈…〉 strength against him, and his life must become a 〈◊〉 to their pl●a●u●es; therefore a cabinet counse●l must be called, to adv●se the most expedient way to execute those 〈◊〉, but it be●●g the result of the consultation, that no 〈…〉, they resolved to preceded with ●●m ●s they ●ad be●●●▪ according ●● their w●ls a●d pleasures: and therefore an accusation must be framed against him, whereof the Law is ignnoant, they call it Articles of Impeachment of high treason agai●st Sir John Maynard and to convince the world that the strongest bands of Law, cannot stand the edge of our champions swords, they appointed judges of Sir John Maynard, as il●egall as the accusation, they transmitted his case to the Lord's bar.  
Hereupon the Lords directed a paper to the lieutenant of the Tower, commanding him to b●ing in Sir John Maynard on Feb. 5. last past, the copy whereof here followeth.  
Febr. 3. 1647.  
IT is this day ordered by the Lords in Parliament Assembled, that the lieutenant of the Tower of London, do bring Sr. John Maynard Knight of the Bath up to the bar of this house, on Saturday the 5. of Feb. to receive a Charge of high Treason, exhibited against him by the house of Commons. And for so doing this shall be a sufficient Warrant.  
To the Gentleman usher of this house, or his Deputy &c. Ioh. Brown. Cleric. Parl.  
But it seems this Gentleman was t●●ght by his sufferings to understand his ●wn a●d his Count●ies freed●me 〈…〉, ●hen ●t the fi●st encounter with his e●●mies: he was satisfied t●at the Lords ●ad no 〈…〉 over the Commone●s of E●gla●●, and therefore reputed himself ●bliged to give them a modest humble caution, not to subvert the fundamental laws of the Kingdom, by ●s●●mi●g a power of judicature over him being a Commo●●●, and for this purpose, upon ●●b. the 4th▪ ●e d●●patched 〈◊〉 ensui●● Letters.  
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, &c. U●on which account, I have made bold to write these e●c●os●d lines, humbly desiring that they may be communicated to your House.  
Sir, I am your lordship's most humble servant, JOHN MAYNARD. From the Tower of London, this 4. Feb. 1647.  
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 app●ar ●ef●●e your Lordships, for no less (as I conceive) than my l●fe, upon an impeachment of High Treason, I am (being a 〈◊〉) necessi●ated to challenge the benefit of Mag●a c●a●t●, a●d the 〈◊〉 of Right, which is, to be tried by a 〈◊〉 of my 〈…〉 of my own condition, by an Indictm●nt, before the judges in the ●rd●nary Courts of justice in Westminster Hall, who by the Law of this kingdom, are appointed to be the Administrators thereof▪ a●d by the express laws of the kingdom, I am not to be proceeded against (for any crime whatsoever, that ca● be laid 〈◊〉 my charge) any other way then by the declared and expressed rules of the known and est●blished laws of the land, as is 〈◊〉 ●●●ly evident by the express words of the Petition of Right (which being an Englishman) I chal●enge as my birthright and In●eritance, and I rather presume to make this address unto this 〈…〉 H●●se, because I f●●de upon ●●cord, that in the case of Sir Sim●n de Be●isf●rd, this Honourable House have engaged never ●o judge a ●ommoner aga●n; because it's against the Law of the Land, ●e not being their 〈…〉.  
This I ●umb●y ●eave to the consideration of this Honourable House, and take leave to rest.  
Your lordship's most humble Servant. JOHN MAYNARD. Toke● February 4. 1647.  
But those Lords whereof the House is now 〈◊〉, not 〈…〉 deny ●●edience to the commands of the sword men and their c●mplices: pe●sisted in their Order to the ●●cutenant of the Tower, and Sir ●ohn Maynard was on Feb 15 brought to their ●atte, but a command was given, that the* door of their H●●se should be shut, and that no man should be 〈◊〉 access to hear: 
6. 〈◊〉 in●ringed.  and though Sir John Maynard's Lady, children, and friends, pressed hard at the door, yet Mr. F●●e Gent●eman 〈◊〉 of the black rod, repelled them by violence; hereupon Sir John Maynard●u●bly moved, that according to the practice of a ● Cou●ts of Justice, the doors might be open, and all might have free access to hear the proceedings.  
But the speaker delivered the sense of the House, that ●● company m●st come in, before sir John Maynard● charge was read.  
Thereupon Sir John Maynard with reverence and respe●t▪ bes●ught their Lordships, that in respect to their own Honour, the 〈◊〉 of the House, and that which was of more value then both, 〈◊〉▪ the preservation of the Law, their Lordships would permit all whatsoever to hear: It's a cause (said he) of ●igh 〈◊〉 ●t, for it involves the Liberty of all the freeborn people of England.  
And I believe your lordships cannot be ignorant what books, 〈◊〉 speeches are daily uttered against you, as invaders of the peoples 〈◊〉 rights and freedoms: you are traduced to be a 〈◊〉▪ a council-table, ●● worse: even a spanish inquisition, and that all things are carried by faction: al● the Orders and commo● rules of Just●ce bei●g daily broken: ●ea it's said you exercised a higher● t● 〈◊〉 and more arbit●●ry power at present, than was practis●d by any others in the worst of 〈◊〉; but (saith he) I have 〈…〉 several occ●sion● to vindicate the Hon●●ur of this house; 〈…〉 lordship's will pr●f●●●t yourselves a court of 〈…〉; yet keep your doors shut whereas I hav● q●●shed such reports) your Lordships will ●●ake them truth and ●●●dent to a● the people.  
But as the Lords had no ●u●idiction over him, so they wou●d 〈…〉 it to all men they would excercise no jurisdiction: t●●y would not declare the Law concerning him, but their wil●: & so they kept doors shut, it may be they esteem themselves supreme to the stat▪ of Ma●●bridge 52 H. 3. ●●: 1. which expressly saith, it's provided that all persons of all degrees should receive Justice in the King's Courts. i. ●. the c●uses of all persons shall be heard ordered, and determined openly in the King's Court before the Judges, ●here no man ought to be excluded or denied free access, & the reason of this is imp●e, able.  
First, all proceedings are only particular declarations of the Law, it's intended that the Law should be understood by every man and therefore it was ordained that Magna Chatta should be publicly read 4. times or twice at the least in every cathed●●ll &c. And of old the Kings writ issued out at the end of every Parliament to the Sh●e●ffe of every county commanding him to proclaim and publish all the Acts made by the 〈◊〉. in all places throughout his bailiwick: and to this purpose records are kept of the proceedings of the Courts of justice, that they might be visible to all men; for Laws not promulgated or declared are no laws. Therefore the denial of free access of people to any Court of Justice subverts the very being of the laws as much as is possible to such a Court.  
2. The just and prime rational ●nd of proceedings against offenders is subverted, when their proceedings are not as public & open as possib●●; he punishment which the law ordain to be executed upon offenders is not the end of the penal laws, but for the people's profit ● that they by the cogniz●●ce of the matter and manner of their offences might more clearly distinguish between good and ev●l●, and know how to order their ways without occasion of off●●ce to t●e sta●e; a●● als●, that the j●st 〈…〉 their transgressi●ns may 〈…〉 inclinatio●s of ot●●ers to the 〈…〉 that of Sene●a Ad vindictu●● 〈…〉 and that 〈…〉 ren●●●●i en●m 〈…〉. W●●ug●t not to co●● to t●e 〈…〉 as to matter ●f d●●●g●t, but 〈…〉 man pu●●sh 〈◊〉 beca●se the Law is tran●g●●●●●d, 〈…〉 not be transgressed, & d●●b●les it is ●epugnan● to the na●●●e of man to b● satisfied in inflicting punishment upon any man as it is pun●ish●ent; but the b●ames of justice shou●d be totally ●clipsed, if Courts of justice should be permitted to be private in their proceedings.  
3. An us●full medium unto I●stice and regular proceedings is re●●cted when proceedings against ●●all or supposed offenders are not public▪ any learned man saith Sir Edward Co●ke in 3 parts ●nstitutes p. 29 that is present may inform the court for the b●nefit of the prisoner of any thing that may make there proceedings 〈◊〉, and is i● n●t necessary then that all men should have free access to Courts of justice that there may be the most perfect means to dispose it imp●rtially? answerable to this reas●n is the custom of England: all 〈◊〉 of justice ever have been ●eld op●nly and publicly, as appears by all Courts in Westminster, a●d all assizes an● sessions wherein all offenders have open ●ryall.  
It's 〈◊〉 to n● f●ld the misc●i●●s that might ensue in case an●Court of ●ustice shou●d be permi●ted, to proc●ed against any off●nder priva●●ly with their d●o●es shut: no man should know but the Cour● themselves, wh●ther either Law, or will were p●t in executi●n; wh●the● 〈◊〉 ●ccused, were gu●lty or innoc●n●: the officers o● a 〈◊〉 might exercise what 〈…〉, they might extract 〈◊〉 of C●●mes f●om them by terrors and to●●ures, 〈…〉 them for trivial ●ffences: n●●an could t●y whetne●c●ns●res w●re p●op●rtionable to their cri●es.  
B●t though Sir I. Maynard deservs in my opinion re●pect ●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, i● he suppo●ed the Lord●●o be a Court o● Just●ce in any re●pect as to commoners: and it may be▪ the Lords dep●●●ment shall evi●●● this; they w●u●d n●t assume to them el●c● the form or appear●nce of a Court of justice by s●●●ing openly; but to proceed to the Narra●ive.  
Sir John Maynard standing as a prisoner at the Ba●, the Speaker re●●manded h●m to kn●el and hear his Charge. But Sir John understanding tha● kneeling at t●ei● Bar, either according to re●●on▪ or the custom▪ w●uld ●ave been a 〈◊〉, that he stood as an ●f●●nder be●ore hi● Judges upon his tryal●, he re●u●ed to kneel and with all humil●ty answered thu●. I am prostrate at your lordship's feet in respect 
〈…〉 Liberty of England in fr●nged viz the Lords claiming a jurisdiction over commoners, and v●ndicated by Sir Joh. Maynard.  of ●our persons, but if I should kneel to he● an impeachine●t from th●● H●use. I should acknowledge my ●●●fa D●li●quent under your ●urisd●●t●on and through me, the liberties of all the Commons of ●ngland wou●● be wen●ded and destroyed: By the Law of the La●●▪ every free man ought to be tried by his equals▪ and not ot●erwise; and this your Lord●●●p● Pred●cessory co●fessed in the case of Sir Simo●●e Be●e●ford; 〈…〉 King Ed. 3.  
H●re ●●●nno ●u● ob●erve how the Common● of England 〈◊〉 i●g●ged to Sir John Maynard, for v●ndicating this ●heir fundamental●●●berty, t●at the Lords have no jurisdiction over commoners: had n●t t●e Lords r●c●ived a repu●e in this assault upon England● 〈◊〉 ●hey had taken all our liberti●s c●ptive▪ and the name of 〈…〉 England might have been u●●erly abo●ish●d; 〈◊〉 the 〈…〉 show my wishes of pr●●perity to ●●r ●o●n Maynard i● t●●s g●ll●nt 〈◊〉, and t●ough I care not trust so great a cause, up●n ●e p●tron●ge 〈◊〉 rude a p●n▪ yet I hope the world wi●l ●ee by m● weak Es●ay, to prove the Lords have no jur●●d●ct●●n over C●mmon●r●▪ ●nd that a ●ull stream of reason and justice tuns on Sir John Maynard si●e.  
Now for the c●●arer u●●●rstanding thema●ter in question▪ I shall pre●●●e two or t●r●e th●●gs.  
First it is an 〈…〉 maxim, that the esta●es, liberties▪ and fi●es of the peop●e o●Englan●▪ ou●●t not to be dispo●ed o●●●en rary 
See the 〈◊〉 ma●e 17. Ca●oli printed togethe● 〈…〉  to the esta●l●shed Laws of the L●nd; this you shall find averre● by the Act made this pre●en● Par●●●o abo●ish●ng the Star-chamber, is▪ that they had n●t 〈◊〉 themselves to the poin●s limited by the stat● of ●. 1. H. 8. from w●●nce they had their power, but pun●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 ways, 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 illegal judgement, passed by legal Judges.  
So than all persons judging the Commons of England must have a juri●diction over them by virtue o● some Law; and who●oever submi●s to the cen●ures o●, or try●ls by any other, becomes gui●ty of the hig●est treacher● against England's freedom.  
All legal ●uri●dictions over the people are either primitive or derivative and delegate● powe● by Comm●ss●on from the pr●mitive: Beware hereof confounding jur●sdiction with the ●e●islative power: Jurisdiction 
2. Premise.  be it either derived from jus & d●ctio, or as Sir Edw. Co●●e will have it from juris 〈◊〉 ●. 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 legisl●tive or jurisdictive, to make or execute laws was scunded upon a compact with them, all men being by n●●ure equal each to other, and the supreme derivative jurisdiction resides in one or more persons, which most immediately represent the people and are entrusted with their power. Now if any persons should be permitted to assume to themselves a jurisd●c●ion, notwithstanding all the various jurisdictions of Courts would be con●ounded, and no security would remain to the life or ●ib●rty of any man.  
This pr●m●sed▪ I a●er▪ that the Lords have no just Commission to exerci●● any jurisd●ction ●ver Commoners in ●ny case whatsoever; there is none to pass● such a Commission, but eit●er the people immediately, and I suppose none will plead, that the L●rds were ever elected by the peop●e, and a compact passed, that they should exercise such or such juri●d●ction over them; Or, 2. such a Commission must p●s●e from the Deputies of the People in Par●▪ and then it must appear by ●●me Act of Par● for which ●here is no co●ourab●e plea, as I shall presently clear: as for the King▪ its indisput●ble tha● it transcends his power to give them a Commission ●o exe●ci●e the least juri●d●ction: The esta●es, liberties, and lives of the people must be disposed of by Law▪ which i●, by Courts estab●ished by Law, and according to the Law; and it's confessed on all hands, that the K●ng cannot make laws, and therefore cannot empower any with a jurisdiction over the peo●●● 〈…〉  
To proceed then to proofs, th●t such a jurisdiction was never given to t●e Lords by Parl. That of M●g. Charta may suffice for all, c. 29 it's said. No Freeman shall be taken or impri●oned 〈◊〉 ●●sseised of his Free hold 〈◊〉 Li●er●ies or customs, or 〈…〉 or exi●ed▪ or any ways destroyed▪ nor we will not passe● on him nor c●ndemn him but by the lawful ju●gment of hi● 〈…〉 the law of t●e Land.  
B● the jud●ment of ●is peers is h●re mea●●●●e verdict of 12. of his Equals, and observe the latitude o● this, ● ex●ends to a●l cases whatsoever; not only to cr●minall ca●es, but ●o a●● ca●e● o● con●rover●e▪ about me●m ●● tuu●▪ all is co●t●●n●d u●der be ●● words Free-Folds, L●berties, ●r Free-cu●tomes: whatever any man p●ssesse its to be comprehended under the n●●●●n ●f Free ●o●d. or a Liberty or freehold. and yet i● this shou●d seem de●c●tive, ●●e n●xt word● would supply, if we will not pass upon any man neque bimu● n●que m●ttem●● &c. ●aith the Latin▪ that is, nei●her the King nor any justice, or C●u●●▪ shall try any ●ree men but by his Equals: ●o that by law, the Lords are totally excluded ●rom intermeddling with the tryal● of any Commoner in any case w●at●oever.  
And to his agrees the Statu●e of 25. Ed. 3. c. 4 42. Ed. ●. c 3. and there are 〈…〉 S●a●utes in force, ●ew in print▪ enacted since Magra Charta which ordains the trial of all Commoners to be by the●● Equals on 〈◊〉 and t●e same Charter, and many of those Statutes particularly are confirmed by the Pe●●tion of Right 3▪ Car. and by the Acts in d● this ●re●ent Parl●ament for the a●ol●sh●ng the Stat chamber, and 〈◊〉 ●a●le, n● the ●an●n laws; so that whilst those Laws are in force the Lord House is incapable to be made judges of any Comm●●er.  
But it se●m●s this liberty of the Commons of England was sometimes invaded ●y the Lords and Sir E. Cook 2. part of Inst. ●. p. 50, ●ai●h, that i● w●s enacted at the 〈◊〉 of the Lords▪ that herea●ter no peers should be droven to give judgement on any other● then on their Peers according to the Law and he citys Rot. Parl. 4. E. 3, ●●. 6. 10 ma●ntaine his asser●ion, and it's recorded in 4. E. 3. Rot. 2 in Sir S●mon de Bere●●ords case, who was adjudged as an accessary to Roger Mor●imer, in the murder of King Ed. 2 in these words.   

THE PRECEDENT.  
ANd it is ass●nted an● a●r●ed by our Lord the King, and all the Gra●●ees in 〈◊〉 Pa●●●ment▪ that albeit the ●aid P●●r● as ●udges of Parliamen● took up●n 〈◊〉 in the presence of ●ur Lord the King, ●● make and given 〈…〉 by the a●●en● of the King▪ upon ●●me of ●●em which were not their p●●rs, and by ●eason of the murder o● 〈…〉 ●ord a●d ●●struction o● him, which was so ●eere of 〈◊〉 r●yall▪ and ●on of a Kin●▪ that therefore the 〈◊〉 peers which 〈…〉 be not bound, orcharged to give judgem●n● upon o●●ers, 〈◊〉 their Peers, nor shall do it but let the Peers of the Land 〈◊〉 power but of that for ever they be discharged and 〈…〉 judgement ●ow given be not drawn 〈…〉 for the time to c●me▪ by which ●e said 〈◊〉 ●ay ●e charge 〈…〉 to judge, others then their peers, aga●nst 〈…〉 of the Land▪ ●f any suchcase happen.  
Now 〈◊〉 hence ●● may ●e collected, that it was against the law of the land for the Lords to ju●ge a Comm●ner in any case whatsoever, and 〈◊〉 they were again b●●rd by their own 〈◊〉 ne●er to judge any 〈…〉 for Sir▪ 〈…〉 a that was ●n●●ted.  
But 〈◊〉 the law were 〈…〉 as to the L●●ds 〈…〉 can 〈◊〉 any juris●●●● 〈…〉 not receive it as a trust 〈…〉 which 〈…〉 a juri●d 〈…〉 them, ●nd a● yet ●● never 〈…〉 law that ga●e th● 〈…〉 to the●r practi●e.  
But 〈…〉 at the Lords●re the supreme C●ur● of ●ustice in ca●es 〈…〉 ju●gmen● or ca●es of 〈◊〉 and 〈…〉 by Act of Par● by 〈…〉 th●● the Author of 〈…〉 upon 〈…〉 Sir 〈…〉 Lords I 〈…〉 &c. and it may 〈…〉 th●t the laws whereupon 〈…〉 of their 〈◊〉 ever him in criminal causes, never made such a distinction between causes criminal and civil; ●nd that in case 〈◊〉 L●wes were invalid to exclude them from exercising any 〈…〉 of ●rrour, and which conce●●es the ●ree●olds and liberties ●● Commoners than they are also invalide to restrain their exercising jurisdiction o●er him in cases criminal. But because the stat● of Ed. 3. c●5 conceived to be ●h● b●sis of the Lord's jurisdiction in cases of erroneous judgements, ●del●yes, &c. I shall un●●ld the meaning of that statute.  
That stat● orda●ned that a 〈◊〉 2 Ear●●s●● B●rons▪ should be ch●s●n to receive Commissions from 〈◊〉 King to ●e are the Peti●●ons of those where ca●●●s w●r● d●●lar●d in any 〈◊〉, ●o that no judgement could ●e obtained and to in●uire 〈◊〉 jus●●ces of any court the reasons of such de●ai●s and by the advice o● t●e ●ustices of ●oth Ben●●es t● 〈…〉 and give judgement, and remand the cause ●o the ●ustices, to execu●e the ●ai● judgement 〈◊〉, & if the case be 〈◊〉 it is to be transf●rred to Parliament,  
That those 〈◊〉 were thus chosen by Parliament to prevent de●ayes of judgement should 〈◊〉 only 〈◊〉 one Parliament until 〈◊〉 & ther●fore P. A. B B of 〈◊〉 the Earl of 〈◊〉 ●● 〈◊〉 & the Lord 〈…〉 were than 〈◊〉 & ord●●ned to cont●●ue ●nti●l the n●●r Parliament  
Hereby it appears this statute gives the house of Lords no power to 〈…〉 in cases upon ●●its of 〈◊〉 ●●ither d●●h it appear that this sta●u●● 〈◊〉 been observed▪ 〈…〉 Parliaments have ever 〈◊〉 ●●at time chosen 2 〈◊〉 2 Ba●ors ●● hear petitions in cases of 〈…〉 judgement▪ ●ut the law hath provided that all the justices, Ba●●●ns of the 〈…〉 being of the ●rd●r of the ●uoi●●▪ or else the Lor● 〈…〉 and Lord 〈…〉 either by a special wr●● 〈…〉 determine 〈…〉 to be passed, this is the 〈…〉 8. 31 El●●. 1▪  
A 〈…〉 would 〈◊〉, ●ow that 〈◊〉 of the Lord's jurisdiction 〈…〉 upon this statute.  
1. 〈…〉 judgement▪ 〈…〉 Lords ●●use, are so much as 〈…〉 statute.  
2. T●e 〈…〉 ord●●ned to be c●o●en▪ to he●re Petitioners in cases o● 〈…〉 judgement, were to be c●osen by the Parliament.  
3. 〈…〉 if the case wherein judgement was 〈◊〉 were 〈…〉 Lords should 〈◊〉 it unto the next Parliament.  
And as for the statute of 2● of E●iz: c 8. which th●y say, confirmed ●●e stat. of ●4. Ea. ●5. the very first clause says thus▪ forasmuch, as erroneous Judg●m●nts given in the Court called the Kings. ●ench are only to be re●●rmed by that high C●u●t of Pa●i●men●. &c. And then it makes that provis●ion which I mentioned be●●re, by a wri● of error from the Chancery and yet it leaves ●ha● plan●●●e at libe●●y to ●ue●n the high Court of Parliament to rever●e the 〈◊〉 judgement, and so ●e stat of 31 ●. d. c. 1. al●o conc●ud●s, and Sir Ed. 〈◊〉▪ in the same place 4 part I●st p: 20 21▪ where he a●●owes the 〈◊〉 ●o have ●urisd●ction over commoners in cases of er●oneous Iudg●m●n●s, and saith thus, a party grieved upon a Petition to the King may have a writ of errou● directed to the chief justices of the Kings-b●nch for removing the error i●to the present Parliament and he pr●duceth 〈◊〉 precedent in these words: The Bishop of N●rwich, ●●●weth that an err●neous judgement was given against him ●o the common plac● for the Arc●d●co●ry of Norwich, belonging to his presentation▪ an● prayed that ●hose errors might be heard▪ and redres●ed: ●n answer was ma●e that by he law errors in the common place are ●o be corr●c●ed in ●●e Kings. bench▪ and of the King's bench in the Parliament▪ and ●o otherwise: now I desire any Lawyer to inform me, whe●●er acc●rd●ng to the custom of England the hou●e o● Lords be ca●●ed the Par● of E●gl. or what is done by them, can be ●a●d to be ●one by Par●●am▪ ●ut you may observe how learned Sir Edward Coo●e, contra●●●t● himself, when once he forsakes the rule of the Law; and now I suppose I may co●clude there is no wri●ten Law auth●rizing the Lords to take c●gnizance of any case of Commoners whatsoever and if S●r E●: ●ooke, say true 1. part lust. see. 19●. p. 125 that in case a ●●ry cometh out of a wr●ng place or re●urned by a wrong off●cer, and give a verdict, judgement ●ught not to be given upon ●uch a verdict, then much better I might conclude, ●hat all the judgement of the Lords passed upon Commoners are ●u●l in themselves.  

Objection.  
But it will be yet objected that by custom, the Lords have a juri●diction over Commoners, and that both in cases of erro●●ous judgements, and also in criminal cases.   

Answ. 1.  
There is no legal custom for their exerc●se of that juri●dict●on, 
To ye●d m●●y in la● time whic● cord mat be fou.  there are two things essential to a valid custom▪ 1. 〈◊〉 2▪ Time▪ yet that time must be such whereof there is no r●●m●●y of man, ●as C●ok saith▪ 1. part d●●stit. p. 144. and the usage must be peaceable end without interruption, but both these are wanting▪ for i●s within the memory of man▪ that the Houses were divided and ●he● the Lords had no such juri●diction. The Lords being a House by themselves, was but since King Richard the first (but more pr●o● of this in some other trea●ise) and i●s evident by the Precedent of Sir 〈◊〉 de Ber●sfords Case, That the Lords have been interrupted in their prac●●●e of judging Commoners.   

Answ. 2.  
Suppose there were custom, yet there is not the same reason, that 〈◊〉 should inves● any with a power of jud●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 legal●● the very ●ounda●i●n of just Government were subve●●ed.   

Answ. 3.  
But ●ur●her, no custom that is against an act of Parliament is valid in Law▪ and it's proved, that the Lord's exercise of jurisdiction over Commoners, is against many Acts of Parliament▪ there may be fifty found con●●●ming each other.   

Answ. 4.  
Customs are only valid, when rea●onable▪ Co●k 1. part ●nstit. p. 62▪ 
See Coo● part p. 1  that any customs how long soever it hath continued, if it be against reaso●, it's of no ●orc● in saw▪ and pag 56. ●e saith▪ nothing that is contrary to reason is consonant to law, that o●Vlpia●● l. 29. 〈◊〉 unquestionab●●, quod ab 〈…〉 est, &c. Course of time amends not that which was corrupt in ●●s original. Now that the Lord's jurisdiction o●er Commoners, ●s di●con●●nant to equity and reason, I suppo●e Sir John Maynard's Protest that follows, will evince to mind ●ree from prejudice, yet this I ●hall here add.  
That the ●aw of nature abhors the I 〈◊〉 claim to a juri●d●ction over all the people of the Land as unreasonable.  
1. ●●s repugnant to the law of nature, that the judgement of the law and of the guilt and innocency of persons should be comm●tted to any number of men, withou● a di●cretion o● 〈◊〉▪ or any judgement passed upon them whether they b● capa●●e or 〈◊〉 of the place of judgement and this is the case o● the 〈…〉 most of them at least ●it in that House▪ becau●e 〈◊〉 were 〈◊〉 ●f Patents▪ wh●c●●ad P●ttents for B●●onies▪ Ea●ldom●, &c. from the 〈◊〉 and no pr●●●tion ever made of their suitableness or unsut●blen●sse, and the laws of the land seem also to 〈◊〉 this, Sir Edward 〈◊〉 1 part. I●st ● pag. ● saith.  
If an Office either of the grant of the King or Subject which concerns the administ●●tion proceeding, or execution o● 〈◊〉, and b● gran●ed unto a man that is unexp●●●, and ha●h 〈◊〉 of science to execu●e the same, the grant is m●erly void in law.  
Is it not indeed irrational, that any person should be consti●ut●d a Ju●ge over the people blind sole▪ before 〈◊〉 poss●●le to know whether the●e will be honesty 〈◊〉 wisdom in him 〈◊〉 for judgement.  
●. I●s repugnant to the law of nature that any number of men and thei● Po●●erities should be constant Judges of the guilt or innocency of wh●m they please, or of a●l the people ●n a 〈◊〉: if this wer● gr●nted can it be avoided, but they mu●t be frequently ●u●ge● and Parties and this is directly included in the Lords claim to a juri●dicti●● over Commoners▪ and expetience gives clear test●mony to this, in Sir ●ohn Ma●●ard● present case; for the major part at●east of the present Hou●e of Lords subscri●ed an Engagement at 〈◊〉 heath, to join with the Army against the City in that unhappy diff●●●nce, and yet they would be the Judges of Sir ●ohn, who they ●ay i● guilty of treason, ringaging against them and the Army at that time.  
3. I c●u●d say the written laws of God ab●●rs the manner of the Lords claim to a ●uri●d●ction over Common●●●, they will not submit the 〈◊〉 to be ●●●yed ●y Commoners, and ●o do not to others, a● they would the●●hould do to them.  
Therefore I may conclude that the common law of ●●gland, the ●nwritten and written law of God, declares this custom ●●ll in Law.   

Answ. But ●●rch●r, custom in this case cons●sts only of many Acts of Judicature, which the Lords have exercised over commoners, and àfacto 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 commoners before this present Parliament were ●ulled by the Acts of parliament made in 17. Car. for the abolishing the Sta●●e-Chamber, and counsel Table, wherein Magna Charta and the Stat. of 42. Ed. 3. and the Petition of Right, 3. C●r. and other Statutes were confirmed, which declare, all judgements that are passed co●ta●y to the Te●●re of Magna Charta to be holden for ●ought, and by consequence the ●ords are de●oyd of all pres●de●ts also for exercising a ●urisd●ction over commoners, unless they produce those made si●ce the War, wherein the voice of the Law could not be heard for the noise of the Drum and sou●d of the T●●mpet.  
Now from all these considerat●ons I shall presume to collect this conclusion, that the House of Lords are ●o Court of Justice, as to the Commons of England, that is no place where justice in any case whatsoever is to be ministered to them, and whoever adheres ●ot to this Gentleman in defending the L●berty of England, and eppos●●g the ●ords in this attempt to be●eave us of our Bi●●hright, shall never deserve in my thoughts to have his name written in an English Chronicle: but to return to my intended Narrative.  
Notwithstanding Sir John Maynard's denial of the Lord's Jurisdiction over him, they would proceed, and the Speaker commanded 
● Liberty of England ●●fringed▪ 〈◊〉 t● accuse a Freeman b● way of Articles, and t●e L●b. maintained by Si●●. M.  the clerk to read the Charge and Sir John to kneel, and the clerk began 〈…〉 alo●d. Articles of Impen●hment against Sir I. Maynard, &c. but Sir John interrupted him saying. I except against the first word Articles, there is said he but two ways for the trial of a ●●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 ●ead thus, Nothing of Impeachment against Sir John Maynard, &c. than the Speaker asked him whether he had seen the Articles, and he told them he had seen a copy of them a month since, and that he observed that the eight Articles were the same, mutatis muta●tis, as the French proverb saith, Sel a tout th●no●, one ●●ddle for all horses. And he said further, he was persuaded that those that drew them knew there was never a crew word in them, only a ●●eer piece of reason of State, yet said he, all my ambition is to be tried by God, and my country, by a Jury of my equals at the Kings Bench-Ba●, in Pic●a Caria: obse●ve Reade● how faithfully Sir John adheres to the public Interest in every particular, and note how his enemies seem to abominate the Rules of distribut●●e Justice, they will not afford so much Justice as a lega●l accusation, but such Judges such an accusation: this that Sir John here claimed is a piece of Justice so obvious to every v●lg●● eye, that I need not say more than was said at the bar by him: who knows not that the Statute of 25. Ed. ●. & 4●. Ed. ●. saith, ●o man shall be tak●n, &c. but by presentment or indictment. &c. but I must tell Sir John that in my humble opinion he was mistaken in ch●●, that according to the Law a Freeman should be tried b● Bill of A●t under, that is no ●●●ll but rather a sentence, and it is no Act of Jurisdiction, but an Act of the Legislative, ●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, invin●ible ignorance of the La● excuse● a toto from the whole offence; but surely than no judgement can be passed justly upon any man by a Law that was not in being when his supposed offence wa● committed, in that case though the fact were in itself evil, ye● it were not judicially civiil, if no Law in ●●e Nation wer● extant against it, and so ●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 ●nd, that the ess●ntiall property of that power is to respect things de ●●t●ro n●n de pr●terito, actions that are to come, not past; but more of this upon another occasion which I now for brev●ty sake omit.  
But the Lords still importuned Sir J. Ma●nard to kneel and ●●an his Charge, and thereupon he removed from the bar into the middle of the room, and kneeled down and prayed God to bless the Lords and keep them from encroaching upon 〈◊〉 Liberties of the Commons of England▪ &c. after that he told them, the people observed their Lordships were indulgent to their own Members, and therefore ●e prayed them there might be no partiality, precipitation, nor anticipation of justice.  
Hereupon they commanded him to withdraw, and he was fined 
9 Liberty a England infringed by ning men without an offence, an by no rule, ● the●● owner  500 l. upon a pretence of a contempt of their House, observe Reader, how the Lords proceed to devour the Commons at their pleasures, here is a Commoner fined 500 l. for contempt. I wonder what Law defines this contempt, or who knows of a Law against it; if there be no Law describing this pretended crime and the penalty, than 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 look in their faces is contempt, and then fine a man to the value of his whole estate, and th●n why should Englishmen arrogate any longer the name of freedom to themselves, let them give their 〈…〉 to the Lords to be b●●●ed, that they may be known to be the Lords 〈…〉.  
After this they called in Sir John again, and offered to condition with him, but he told their Lordsh●ps, he would not so forget his duty, as to make bargains with their honours, neither would he prejudice the free people of England in their laws and Liberties, for all the treasure of the kingdom, but he would willingly sacrifice himself for the preservation of the Law. But yet again the Clerk began to read the Impeachment, and Sir John told them, he observed the law's ●●n every day broken, and trampled to dirt, and he thought it could portend nothing but slavery, and he made his obeisance, and withdrew to the door to go out, and protested against all their proceedings as illegal 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 Earl of Manchester, Speaker of the House of Peers: These.  
My Lord,  
YOur Lordship may please to remember I was before you at your bar, upon the ●. Febr. last, where I demeaned myself with all duty and respect to your honourable House, and did zealously and cordially express myself 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 
●ooks Expos. 2●. 〈◊〉. of a Char●●  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 
〈◊〉 45. 4●. 〈◊〉 S●at●● 〈…〉. ●. 37. Ed 3. ●. 3. 3. 〈…〉 Jury●● be 〈◊〉 to Magna art●, ●●ber ●egalis ho●●, 〈…〉.  your House, enclosed to send ●ou my Plea and Protest under my Hand and seal, which I humbly entreat your Honour to communicate unto the House of Peers, this being my ultimate resolution, with which I humbly subscribe myself,  
My Lord, Your honour's 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 country's Liberty, and ●ender my Name infamous amongst the Commons of England to posterity, if I should regard your articles of impeachment, a● an accusation to which I am bound to answer. If I were justly to be suspected for Treason, there could be no legal just proceedings to bring me to my answer, but by ●ndictment of good and lawful men, where such supposed treasonable deeds were (a) d●ne; And although I were Legally ind●cted, the Case comes not under your lordship's Cog●●●ance; but seeing I am a Commoner of England, by the establ●●●●d laws of the Land, my t●●all ought to be by a judge or justice, and a ●ury of Commo●er●, and no (b) otherwise; and as the 
He 〈…〉 to the 〈◊〉 where 〈…〉. He 〈…〉. He 〈…〉▪  〈◊〉 of those laws was, that all Trials might be equal and unpart●●●; so they are fo●nded upon these impregnable grounds of Reason and Equity.  
〈◊〉, the jury are to be of the Neighbourhood where any crime is 〈◊〉, and some aught to be of the same Hundred; for the 〈…〉, that such may have either some cognizance of the fact, 〈…〉 some Circ●mstances thereof, or of the party accused, wh●●● condition and manner of conversation is much to be regarded, for the discovering his intention in any fact supposed to be 〈◊〉 or ●●lony, &c. and the Rule of the Law is (c) A●●us non 〈…〉 rea.  
2. The 〈◊〉 that passes upon any Commoner one day, may themselves be in a condition to be tried by him another day, as one of their jury: and hereby they are bound to indifferency and impartiality, considering it may be their own case.  
3. The party accused may challenge or except against the jurors; other against the (d) Array, if the sheriff or bailiff impanelling the jury, be not wholly desingaged and indifferent, as to the Cause: and the party prosecuting, or against the Polls; and in case of Treason he may challenge 35 peremptorily upon his dislike, without rendering the least cause, and as many more as he 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, equal and impartial.  
4. The matter of fact is only entrusted to the Jury, and the matter of Law to the Judge, for the preverting all errors, confederacies, or partiality.  
5. The judge is sworn to do justice to all according to Law, without respect of persons, and the jury are sworn to find according to then evidence.  
Now from every of these, the injustice & illegality of your lordship's claim, to be both jury and judges in the trial 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 yourselves to be tried by Commoners, so as to be bound to indifferency and impartiality, from the knowledge that the Commoners whom you would try, might possibly be of a Jury for your trial in a short time; neither can myself, 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 seldom to that number; neither will you allow me to challenge any one of your Lordships, though I should allege disaffection, partiality, or that he is an engaged 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 sworn to ●udge 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 lawful men of the neighbourhood where the fact is done, and that my trial ought to be by my equals, and a judge of the Law in open Court; and that the cogni●ance of any crime whereof I am suspected, pe●taines not to your Lordships: I am resolved never to betray my own, and all the Commoners Liberties, nor to cons●●t to the subverting the fundamental laws of the kingdom, by submitting to a t●●all by your House, or to answer to your Articles of I●p●a●hment; but I do● hereby protest against the form of ●●ur accusation as illegal▪ and your lordship's l●●sdiction over myself, or any Commoner of England in criminal cases, as b●ing destructive to our fundamental rights and L●berti●s: and I do● hereby claim the benefit of Magna Charta▪ the Petition of Right, and all other established laws 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 maintain and pres●●●.  
John Maynard.  
Notwithstanding this Protest, the Lords issued ●orth an Order to the lieutenant of the Tower, to bring Sir John to their bar upon ●●br. ●9. and upon the receipt of a ●●p●e thereof from the lieutenant▪ Sir 〈◊〉 sent this ●ns●ing Salvo to his Liberty, in p●rsuance of his Pr●test against the Lord's Jurisdiction over him.  
To his honoured friend C●l. Ti●hburne lieutenant of the Tower.  
Sir.  
I Received a Paper from you, seeming to authorise you to carry 〈…〉 the L●rds House, to answer to a Charge: And 〈…〉 to inform▪ you hereby, that my p●r●on ought not 〈…〉 or d●s●●●bed, at the pleasure of any man. 〈…〉 obedience to the commands of any, which are 〈…〉 ther●fore in ●ase you intend to dist●rb me on 〈…〉 to see a ●●●all Warrant from some person or 〈…〉 over me ●n case of a 〈◊〉 or 〈…〉 And I m●st 〈…〉 you, that the Lords have no legal power to summon me to answer to any crime whereof I am ●ccused or suspected; and therefore you must expect to answer 〈◊〉 whatsoever injury you offer to my person: And know hereby, that I shall not volunta●ily go from hence to Westminster by virtue 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. 1●. 1647.  
But the Lord's persisted in their Order to the lieutenant, although this was sent to them, and debated in their House, and upon Febr. 19 Sir John was brought to their bar, and the Speaker pressed him urgently to kneel; but be s●ewing them as much civil respect as could be desi●●d, refused resolvedly to kneel; then the doo●● be●ng shut, the Speaker asked him whether he had brought his Answer; he answered, he was accused of treason, and could obtain no counsel, and therefore desired time, that counsel might be assigned him: hereupon he was commanded to withdraw; but before withdrawing, he ●old the Speaker▪ he hoped he should not be taken pr●co●sesse, for ●ather then so, he would p●t in his Answer presently.  
After withdrawing he was presently called in, ●nd fourteen dai●● time appointed, and M. He●●e, M. Ha●es, M. Walker and M. King, appointed for his counsel.  
Now I cannot 〈◊〉 observe one desperate mischief▪ by this pretended Court keeping their 〈…〉 they have caused an infamous report to be ●●●●ted abr●●d, that Sir 〈◊〉 Maynard had now d●serted his Protest against their 〈…〉 may be they will the n●xt time report th●t he hath confessed h●mself guilty of Treason: ●t's time to se●k for s●●ndalls ●o s●pport their 〈◊〉 int●rest.  
But I hope no 〈◊〉 man but understands the reason of S●r John's taking time and counsel ●o answer: every one by Law must plead to those before whom he 〈◊〉 accused, or else he is to be taken pro 〈◊〉, and j●dged accordingly: but every one accused may plead to the Jurisdiction of the Co●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 J●●n must put in a sonmall answer, though it be nothing b●t the substance of his Pr●test; and I bel●●ve the Lords shall know, that the Gentleman scorns to be a Po●●tion, and betray his Count●●ys Freedom● into their hands.  
Now Oye Commons of England, behold the foot of your ●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 Lord's chambers, with doors shut, if they please, that there may be no witness of their arbitrariness and injustice.  
2 You shall have the Lord's depraved Wills, not the laws, the rule whereby to measure your ways, 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 kingdom, the laws, shall be cut in sunder, and what then shall ●ny man call his own?  
Now were it not that I abhor animosities▪ and emulations, I would compare Sir John with L. G. Cromwell the causer of his i●peachment; I only 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 John Maynard's, only to fulfil his malicious will upon him: yea wherein hath he defended so many Liberties, (notwithstanding his large engagements at Newmarket) as the Reader may see defended and vindicated by Sir John Maynard? and yet Sir John Maynard must be reputed a traitor to his Cou●trey, and he the grand Saviour. I only desire that all the Commons, and all those well-meaning soldiers that were made L. G. Cromwell's instruments to manage his design 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 find him faithful or treacherous to the kingdom's good and welfare.  
FINIS.