ENGLAND's Champion; or, The just man's 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) etc. Being the Copy of his Letter and Protest, sent unto the Lords, Febr. 14. 1647. Directed as followeth. 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 5. 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 proceed with me, I was thereby forced and compelled to Protest by word of mouth against both the matter and manner of your proceeding, but in regard your Lordships were pleased to Order me anew to appear at Your bar, upon Saturday next being the 19 of Febr. 1647. I am necessitated with all humility and respect unto the just Honour of your House, inclosedly to send You 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, this 1● Febr. 1647. The humble 〈◊〉 and Protest of Sir John Maynard, etc. 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 Country's 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 be suspected for Treason, there could be no Legal just proceed to bring me to my answer, but by Indictment of good and lawful men, where such supposed treasonable deeds were a See Cook's 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 Lordship's Cognizance; but seeing I am a Commoner of England, by the established Laws of the Land, my trial ought to be by a judge or justice, and a jury of Commoners, and no b See Madge Charta. otherwise; and as the intent of those Laws was, that all Trials might be equal and impartial, so they are founded upon these impregnable grounds of Reason and Equity. First, the jury are to be of the Neighbourhood where any crime is committed, and some aught to be 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 be regarded, for the discovering his intention in any fact supposed to be Treason or Felony, etc. and the Rule of the Law is, c See 1. part of Cook's Instit. L. 2. ca 12. Sect. 234. See 3 part Instit fol 32, 33. Actus non facit reum nisi mens sit rea. That a jury man be according to Magna Char. Liber & Legales homo. a good and lawful man, he must have three property. 1. He must be dwelling most near to the place where the fact is done. 2. He must be sufficient for understanding and competency of estate. 3 He must be indifferent and free from suspicion of partiality. 2. The jury 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; either against the d See 1. par. Cook's Iust. L. 2. c. 12. sect. 234 Array, if the Sheriff or Bailiff impanelling the jury, be not wholly disengaged and indifferent, as to the Cause: and the Party prosecuting, or against the Polls; and in case of reason 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 preventing all Errors, confederacies, or impartiality 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 their Evidence. Now from every of these, the injustice and 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 Lord ships, 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 your Lordships to be judge in matter of Law, while others should be judges in matter of fact: neither are your Lordships sworn to judge 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 cognizance of any crime whereof I am suspected pertains not to your Lordships; I am resolved never to betray my own, and all the Commoners Liberties, nor to consent to the subverting the Fundamental Laws of the Kingdom, by submitting to a trial by your House, or to answer to your Articles of Impeachment; but I do hereby protest against the form of your accusation as illegal, and your Lordship's jurisdiction over myself, or any Commonner of England, in criminal cases as being destructive to our fundamental rights and Liberties: 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 Excellencio Sr. Thomas Fairfaxes command, in all your and their Declarations, remonstrances, protestations, oaths, and Covenants, have promised, vowed, and declared, you will maintain and preserve, john Maynard. Published by a lover of peace, and justice: and the Liberties of the Commoners of England, which now the House of Lords, doth endeavour to destroy, in the case of Noble Sr. john Maynard, who without all shadow of Law or justice, they intent upon Saturday 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 go up with a Petition to the House of Commons, on Friday next, to demand our Liberties in St. john, and to desire the House, if they ever intent to have us to stand by them more, or obey them, that they do preserve our lost Liberties, and not betray them to the Lords.