To the Right Honourable my singular good Lord, EDVVARD Earle of Manchester, Speaker of the House of Peeres. These—

YOur Lordship may please to remember I was before you at your Barre, upon the 5. Febr. last, Where I de­meaned my selfe with all duty and respect to your Honourable house, and did zealously and Cordially ex­presse my selfe for the just interest of your House, but being perplexed at the illegality of your proceedings with me, I was thereby forced and compelled to Protest by word of mouth against both the matter and manner of your Procceding, but in regard your Lordships were pleased to Order me a-new to appeare at Your barre, upon Sa­turday next being the 19 of Febr. 1647. I am necessitated with all humility and respect unto the just Honour of your House, inclosedly to send You my Plea and Protest under my Hand and Seale which I humbly intreat your Honour to Communicate unto the House of Peeres, this being my Ʋltimate resolution, with which I humbly subscribe my selfe,

The humble [...] and Protest of Sir John Maynard, &c. Sent unto the House of Lords, Febr. 14. 1647.

I Am now aspersed with Treason, but I should really contract the guilt of Treason against my Countries Liberty, and render my Name infamous amongst the Commons of England to Posterity, if I should regard your Articles of Impeachment, as an accusation to which I am bound to answer. If I were justly to bee suspected for Treason, there could be no Le­gall just proceedings to bring me to my answer, but by Indictment of good and lawfull men, where such supposed treasonable deeds were See Cookes expos. of the 29. cap. of Magna Char. 2. part Instit. fol. 45. 46. See the Stat. of 25 Ed. 3 37 Ed. 3. 42 Ed. 3. 3. done; And although I were Le­gally indicted, the Case comes not under your Lordships Cognizance; but seeing I am a Commoner of England, by the established Lawes of the Land, my triall ought to bee by a Iudge or Iustice, and a Iury of Commoners, and no See Mag Charta. otherwise; and as the intent of those Lawes was, that all Trials might be e­quall and impartiall, so they are founded upon these impregnable grounds of Reason and Equity.

First, the Iury are to be of the Neighbourhood where any crime is committed, and some ought to bee of the same Hundred; for the Law presumes, that such may have either some cognizance of the fact, or of some Circumstances thereof, or of the Party accused whose condition and manner of conversation is much to bee regarded, for the discovering his intention in any fact supposed to be Treason or Felony, &c. and the Rule of the Law is, See 1. part of Cookes Instit. L. 2. ca. 12. Sect. 234. See 3 part Instit fol 32, 33. Actus non facit reum nisi mens sit rea. That a Iury man be according to Magna Char. Liber & Lega­les homo. a good and lawfull man, he must have three propertie. 1. He must be dwel­ling most neere to the place where the fact is done. 2. He must be suffici­ent for understanding and competency of e­state. 3 Hee must be indifferent and free from suspition of par­tiality.

2. The Iury that passes upon any Commoner one day, may themselves bee in a condition to be tried by him another day, as one of their Iury: and hereby they are bound to indifferency and impartiality, confi­dering it may bee their owne case.

3. The Party accused may challenge or except against the Iurors; either against the See 1. par. Cookes Iust. L. 2. c. 12. sect. 234 Array, if the Sheriffe or Bayliffe impanelling the Iury, bee not wholly disingaged and indifferent, as to the Cause: and the Party prosecuting, or against the Polls; and in case of reason hee may challenge 35 peremptorily upon his dislike, without rendring the least cause, and as many more as hee can render any reason for his just challenge, as in case hee can challenge any for a Baron or Lord of Parliament, or for defect in estate or other abilities, or for disaffection or partiality, or for any infamous Crime, and hereby the Iudges of the fact for the Party accused, may certainly bee indifferent, equall and impartiall.

4 The matter of Fact is onely intrusted to the Iury, and the matter of Law to the Iudge, for the pre­venting all Errors, confederacies, or impartiality

5. The Iudge is sworne to doe justice to all according to Law, without respect of Persons, and the Iu­ry are sworne to find according to their Evidence.

Now from every of these, the injustice and illegality of your Lordships claime, to be both Iury and Iud­ges in the Tryall of mee, or any Commoner, is clearly demonstrable.

Your Lordships cannot be of the Neighbourhood where the Crimes of all Commoners are committed, and cannot bee presu­med to have any cognizance of the Facts, or Parties offending; neither doe you allow your selves to bee Tried by Commoners; so as to be bound to indifferencie and impartiality, from the Knowledge that the Commoners whom you would Try, might possi­bly be of a Iury for your Trial in a short time; neither can my selfe or any other Commoner whom you would try, challenge in the case of Treason thirty five of your house, for your whole house amounts very seldome to that number, neither will you allow me to challenge any one of your Lord ships, though I should alledge disaffection, partiality, or that he is an ingaged party, or prosecutor, secretly or openly; neither at present is there any Lord high Steward, or Lord high Constable, amongst your Lordships to be Iudge in matter of Law, while others should be Iudges in matter of fact: neither are your Lordships sworne to Iudge according to Law, or in matter of fact according to Evidence.

Having therefore such infallible evidence, both from the Statute, and Common Law, that I ought to be brought to answer, to any supposed crime, only by indictment or presentment of my equals; good and Lawfull men of the neighbourhood where the fact is done, and that my triall ought to be by my equalls, and a Iudge of the Law in open Court; and that the cog­niz [...]nce of any crime whereof I am suspected pertaines not to your Lordships; I am resolved never to betray my owne, and all the Commoners Liberties, nor to consent to the subverting the Fundamentall Lawes of the Kingdome, by submitting to a triall by your House, or to answer to your Articles of Impeachment; but I doe hereby protest against the forme of your accusation as illegall, and your Lordships Iurisdiction over my selfe, or any Commonner of England, in criminall cases as being destructive to our fundamentall rights and Liberties: and I doe hereby claime the benefit of Magna Charta, the Pe­tition of Right, and all other established Lawes of the Land, which this Honourable house, the house of Commons and the Army under his Excellencio Sr. Thomas Fairfaxes command, in all your and their Declarations, remonstrances, protestations, oathes, and Covenants, have promised, vowed, and declared, you will maintaine and preserve,