John Maynard

the eldest son of Alex. Mayn. of Tavistock in Devons. Esq. was born there, became a Communer of Exeter Coll. in the beginning of the year 1618, aged 16 years or thereabouts, took the degree of Bach. of Arts, but before he determined, or completed that degree by Determination in Schoolstreet, he went to the Middle Temple studied the Municipal Law, was called to the Bar, and, being a favourite of Will. Noy Attorney General, was much resorted to for his Counsel. In the year 1640 he was chosen a Burgess for Totness in his County, to serve in that Parliament that began at Westm. 13. Apr. and again for the same place, to serve in that Parl, that began there 3. Nov. following: In which last, he being noted for his activity, and readiness in pleading, he was appointed on of the Committee to draw up Evidence against the most noble Thomas Earl of Strafford, whom afterwards he baited to some purpose in the name of the Commons of England. Afterwards he managed the Evidence against Dr. Laud Archb. of Cant, took the Covenant, was one of the Lay-men nominated in the Ordinance of the Lords and Commons to sit with the Ass. of Divines, got then much by his practice and became a considerable gainer in a Circuit that was appointed by order of Parliament, an. 1647. In 1653 (1. Oliv. Protect.) he was by Writ dated 4. Feb, called to the degree of Serjeant at Law, having before taken the Engagement, and on the first of May following he was by Patent made the Protectors Serjeant, and pleaded in his and the then Causes behalf against several Royallists that were tried in the pretended High Court of Justice, wherein several generous Cavaliers and noble Hearts received the dismal Sentence of death. Afterwards he continued in great repute under that Usurper, was setled in his place of the Protectors Serjeant by Let. Pat. under the Great Seal of England, continued so in Richards Raigne and obtained wealth as he pleased. After his Maj. Restauration, in 1660, he wheeled about, struck in with his party, took those Oaths that he had done before to K. Ch. 1, and by Writ dated in the beginning of June, he was called again to the degree of Serjeant, was made the Kings Serjeant by the corrupt dealing of a great man of the Law, on the 9. of Nov, and Knighted on the 16 of the same mouth, an. 1660; at which time he was appointed one of the Judges, but by several excuses he got clear off from that employment. In the beginning of 1661 he was elected Burgess of Beralston in Devonshire to sit in that Parliament that began at Westm. 8. of May in the same year, wherein for some time he shewed himself a Loyal person: But when he saw to what end the several affairs and interests of men tended to, the increase of Pensioners therein, and Popery in the Nation, he stood up for the good of this Country, and thereupon was esteemed by some a Patriot. After that Parliament was dissolv’d, he was elected a Burgess in his own Country to serve in the next three Parliaments that were called by K. Ch. 2, and in that which began on the 17. of Oct. 1679, (which, because of several Prorogations, did not sit till 21. of Oct. 1680) he was one of the Committee appointed to mannage the Evidence against William Viscount Stafford, impeached of High Treason relating to the Popish Plot, but he being then an aged man, he was not so eager in that employment, as he was before against Strafford. When K. Jam 2. came to the Crown, he was chosen Burgess for Beralston again, to sit in that Parliament that begun at Westm. 19. May 1685, and when the Prince of Aurange became King by the name of Will. 3, he, with Anth. Kecke of the Inner Temple Esq, and Will. Rawlinson Sergeant at Law, were on the 2. of Mar. or thereabouts, an. 1688 constituted Lords Commissioners of the Great Seal of England. In the year following he was chosen Burges for Plymouth to sit in that Parl. that began at Westm. 20. Mar, 1689, but being then grown very infirm by his great age, he gave up his place of Commissioner soon after: whereupon their Majesties did in the beginning of June 1690 constitute Sir Joh. Trevor Knight Speaker of the House of Commons, the said W. Rawlinson then a Knight and Sir Geo. Hutchins, Commissioners of the said Great Seal, and on the third of the said month, being all three sworn, their Majesties were pleased to deliver to them the Seal, with their Commissions. This Sir Joh. Maynard was a person, who, by his great reading and knowledge in the more profound and perplexed parts of the Law, did long since procure the known repute of being one of the chief Dictators of the Long Robe, and by his great practice for many years together did purchase to himself no small Estate. And however obnoxious he hath rendred himself on other accounts, yet I judg my self, out of the sense of public gratitude, obliged to speak here thus much in his just vindication, viz. that he did alwaies vigorously espouse the Interest and Cause of his Mother the University of Oxon (contrary to what others of his Profession, on whom she hath laid equal engagements, have too commonly done) by alwaies refusing to be entertained by any against her: And when ever persons delegated by her authority for the management of her public litigious conce [•] ns have applyed themselves to him for his advice and assistance, he did most readily yeild both, by acting his best on her behalf. This Sir Jo. Maynard hath these things following extant under his name.

Several discourses in the management of the evidence against Thom. Earl of Strafford.

Sev. disc. in the man. of the Ev. against Will. Archb. of Cant.—These Discourses you may see at large in the Collections ((*))((*)) See also in An impartial Collection of the great affairs of S [•] ate, &c. published by Jio. Nalson LL. D. Joh. Rushworth.

Speech to both Houses of Parliament 24. of Mar. 1640 in reply upon the Earl of Straffords Answer to his Articles at the Barr. Lond. 1641. qu. See in the Trial of the said Count upon an impeachment of High Treason, published by Jo. Rushworth Esq, wherein are many Arguings of this our author Maynard: of whom and his actions relating thereunto, are these verses ((a))((a)) In The Ghost of the la [•] e House of Commons, to the new one appointed to meet at; published about the 19. of March 1680. extant.

The Robe was summon’d, Maynard in the head,

In legal murder none so deeply read:

I brought him to the Bar, where once he stood,

Stain’d with the (yet un-expiated) blood

Of the brave Strafford, when three kingdoms rung

With his accumulative active tongue, &c.

Other verses of him are also in mother poem entit. A dialogue between the Ghosts of the two last Parliaments, at their late interview; published in the beginning of Apr. 1681, which for brevity sake I shall now omit.

Speech at the Committee at Guildhall in Lond. 6. Jan. 1641. concerning the breaches and priviledges of Parliament. Lond. 1642 in 1. sh in qu.

Londons Liberty: or, a learned argument of Law and Reason before the L. Mayor and Court of Aldermen at the Guildhall, an. 1650. Lond. 1682 fol. See more in more in Sir Matth. Hale, p. 426.

Reports and Cases argued and adjudged in the time of K. Ed. 2; and also divers memoranda of the Exchecquer in the time of K. Ed. 1. Lond. 1079. in fol. published according to the antient MSS. then remaining in the hands of him the said Sir Jo. Maynard.

Speech and Arguings in the Trial of Will. Visc. Stafford, &c.—See the said Trial printed at Lond. in fol. 1680/1. wherein are also several of his Discourses. At length after this Sir Joh. Maynard had lived to a great age and had acted Proteus like in all changes to gain riches and popularity, he gave up the ghost in his house at Gonnersbury in the Parish of Elyng in the County of Middl. on the ninth day of Octob. in sixteen hundred and ninety;1690. whereupon his body, attended by certain Officers of Arms and a large train of Coaches, was in few days after buried in the Church at Elyng. In his time lived also another Sir Joh. Maynard, Knight of the Bath and second brother to the Lord Maynard, chose Burgess for Lestithel or Lestuthiel in Cornwall to sit in that unhappy Parl. that began at Westm. 3. Nov. 1640, wherein expressing a pique to the Army by endeavouring to have them disbanded, an. 1647, he was by them impeached of High Treason, turn’d out of the H. of Commons and committed Prisoner to the Tower of London. He was a zealous Covenantier, a sharp ((b))((b)) See more in a book entit. The Lawes subversion: or, Sir Jo. Maynards case truly stated, &c. Lond. 1648. qu. written by Joh. Howldin Gent. Antagonist to the Independent Faction and hath some little things extant going under his name: Among which is A Speech in the H. of Commons, wherein is stated the case of Lieu. Coll. Joh. Lilbourne, &c. Lond. 1648. qu. These things I thought fit to let the Reader know, because both these Maynards have been taken for each other in History. Whether this last be the same Sir Jo. Maynard who was of Graveney in Surrey, and died in the beginning of the year 1664, or thereabouts, I know not as yet. Quaere. Another Joh. Maynard I have mention’d under the year 1669 p. 335, but he was a Divine: And another I find, who was a Devonian born, bred in Exeter Coll, and afterwards was made Rector of Goodleigh in his own Country, but this person, who died at Goodleigh in 1627, hath not published any thing.