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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	house_n	king_n	lord_n	2,914	5	3.9837	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96507	Truths triumph, or Treachery anatomized, being an impartiall discovery of the false, and treacherous information of M. Masterson, pretended minister of Christ at Shoreditch, against L.C.J. Lilburne, and I. Wildman, at the Lords Barre, January 18. 1647. concerning a meeting of severall honest men, in East Smithfield, Ian. 17. &c. In relation to which information, the said L.C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. With a true narrative of all the passages and discourses that passed at the said meeting, / as it was delivered at the Bar of the House of Commons, by J. Wildman, Ian. 19. 1647. Iohn VVildman.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2173; Thomason E520_33; ESTC R206186	24,304	20

in them and the removall of such a particular grievance is not worth blood or the hazzarding of a warre by continuing our divisions Unto this J added present necessitie did now call upon every man to stirre up all his strength in endeavouring such an union of the people in the principles of common right and freedom I told them that they felt by sad experience that trading was decayed and the price of food so excessive that it would even rend any pittifull heart to heare and see the cryes and teares of the poore who professe they are almost readie to famish and while our divisions continue and there be no settlement of the principles of freedome and iustice trading will but more decay every day Rumours and feares of Warre and the Army comming now into the City makes M●rchants unwilling to trust their goods in the City and exchange beyond sea falles and there will be no importing of goods and then there will be no exporting and so the staple commodities of the Kingdome which maintaines the constant trade will not tend to the advantage of the labourers and then most of the poore in the Kingdom which live by spinning carding c. will be ready to perish by famine Upon this occasion I told them what I heard at my Inn at the Sarrazens head in Friday street viz. that some Clothiers of Wiltshire came in who professed that trading was so dead that some of them who set at work formerly a 100. did not now set at work above a dozen or the like and that the poor did gather together in troops of 10. 20. 30. in the Roades and seized upon Corne as it was carrying to market and devided it among themselves before the owners faces telling them they could not starve and hereupon J inserted that in probabilitie a suddain confusion would follow if a speedie settlement were not procured But J further told them that J conceived no other probable way of preventing a new warre with the Scots and other forraigners but by uniting the people in the principles of common right and freedome wherein all are equally concerned and J said I believed it was intended that the large Petition should be sent into all parts of the Kingdome that if it be possible all might joyn in those desires And if God should be so propitious to this Nation then the Scots would dispaire of any Partizens or assistants amongst us and so would be more catious in adventuring to ingage in warre against us Now having thus convinced them of the necessity and their duty to put forth their utmost vigor in endeavouring the settlement of their freedomes I also attempted to demonstrate to them that there was no legall iustifiable way wherein they could seek for their freedomes or redresse of their common grievances but by petitioning this honourable House I told them there was no other visible Authority to whom they could seek or which is intrusted by the people with power to redresse their grievances or to make or repeale Lawes for the vindication clearing and securing their native rights and liberties and therefore their interest was involved and bound up in the interest of this house and though some Members of this House did not as we feared so intend pnblique good as we could wish yet if this visible authority was not supported and preserved from contempt a generall confusion would follow and the nation be laid wast desolate and by these or words to this effect the scruples were cleared After this there was occasion offered accidentally to discourse of the Lords Legislative or lawgiving power both of the rights and of the mischieses which have ensued upon their exercise of it and there I spake my opinion I told them I conceived they had no legall right to such a co-ordinate power in making Lawes with this Honourable House and I induced for a proof the Declaration of this House wherein you have given us a transcription of the Kings Oath out of the Records and averre that the King is sworn to passe and confirme by his authority such lawes as the people shall chuse * See their Rem of May 26. 1642. book decl pag. 712. 713. It was but a formality that lawes have bin carried to the King for his assent for it was wont usually to be done the last day of the Parl. and so his passing the Bills or lawes dissolved the Parl. and therfore observe when the King passed any Bill since this Parl. there is a proviso in the Act that the passing that Bill shall not dissolve the present session of Parl. See a little book of the manner of holding parl pag. 54 55. See the Arm. decl of Iune 14. 1647 book decl pag. 43. or as in the old translation the folkes or Commons shall chuse whereby the Lords are totally excluded from any interest in or right to the Legislative power seeing they neither professe themselves to be Commoners personally or to represent the Commons And thence J inferred that it was further evident from that Oath that the King himself had no right to the Law-making power for this Honourable House hath asserted and proved that he hath no legall power to dissent from the laws that you make then its irrational to imagine that there need be any assent or that it should be of any validity and hence J concluded that there was no colour of the Lords right to that power They are created Lords solely by the Kings will and sit by vertue of his pattent and the King himself being not intrusted with any share in that supream lawgiving power his pattents cannot invest the Lords with that power or trust And I yet further added that the law giving power is arbitrary in its own nature and to estate an arbitrary power in any whatsoever during life is inconsistent with freedome and with a iust government of a people by written lawes and renders any * State wheresoever it is no other then a Tyranny and the people no better then Vassalls but much more is it incompatible with a shadow of freedome to have such an arbitrary power discend in any Line from Generation to Generation forever Yea I told them that I conceived this was contrary to the common light of nature the very end of Government and the expresse words of the Scripture It s said Rom. 13. 4. That the Magistrate is the Minister of God for good now that implyes that persons which are intrusted with such power ought to be so qualified and accomplished that they may be sutable to exercise and improve their power for good otherwise the very end of Government is subverted Now how is it possible that there should be any assurance that a father furnished and compleated with all excellencys shall have an heire indowed with the least abilitie or capacitie of governing what 's more common then that the wisest Salomon may have an unworthy Rehoboam for his successour no man can promise that

the Lords Sons shall have either so much wisedom or honesty as to be fi● Subjects of any power much lesse of that supream trust of the Lawgiving power And as to the evills that have ensued upon the Lords exercise of that Law giving power I spake my opinion as freely I told them that in reason their claim to that power was the occasion of all the innocent blood that hath been split in England Jf the Ordinance in Feb. 1642. for setling the Militia of the kingdome had been put in execution when it was first sent up to the Lords for their concurrence the King could never have raised an Army but their assuming to themselves a power co-ordinate with this Honourable House and then refusing when this Honourable House sent againe and againe and againe to passe that Ordinance thes etheir delayes and preventions of setling the Militia gave both time and opportunity to the King to raise an Army and then this Honourable House was compelled for the peoples defence to raise an Armie also and ingage in war I might have added that the Lords did never then consent to that Ordinance untill See 1 part book Decl. pag. 364 548. Mr. Hollis demanded in a manner the names of those Lords at the barre which would not concurre and desired that those Lords which would joyne with the Commons to save the Kingdome would take some course to discover themselves and also shewed them a Petition to the Commons desiring that such Lords would sit and vote with them as one intire c Body But this I did adde that we had most sad experience now of late of the dangerous consequence of their claime to that Power they exposed the Kingdome againe to Bloud and Confusion by delaying so long to passe those gallant Votes of this Honourable house against the King by that meanes the people which are discontented at those Votes have time to ruminate and chew upon their discontents and the fire of their displeasure hath time to kindle and no man knowes into what flames it may breake forth and therefore I conceive there is no possible meanes to preserve the Nation from ruine unlesse there be speedy acting and proceedings according to the good beginnings of this Honourable House Some other discourse happened accidentally about the reasons of that suddaine Change which appeared in Lieut. Generall Cromwell and Commissary Generall Ireton that they now declare against any addresses to be made to the King or received from him whereas they have pleaded That they were engaged to preserve the Kings person and establish him in his just Power Hereupon a story was related by a Gentleman at the Meeting to which I was an auditor he said he had credible information that a gallant honest Gentleman of the House of Commons whose father was a Knight had certaine intelligence That the King had promised Lieutenant Generall Cromwell to give a blue Ribband and a George and make him Earle of Essex And that Commissary Ireton should be either Field-Marshall or some such great Officer in Ireland and that his owne Son should be Bod-chamber man to the Prince And hereupon his Spirit was so moved that hee resolved he would rather become another Felton to Cromwell then suffer his Country to be betrayed and all honest men destroyed And that he had prepared himselfe with Pistoll and Dagger for that purpose onely hee revealed his mind to another Member of the Commons House which disswaded him from attempting the execution of his purpose and that Lieutenant Generall Cromwell had intelligence of this and presently a Fast or day of Humiliation was called and so the great change ensued After this I spake my thoughts to this effect That I knew not what influence any such Circumstances might have upon the spirit of Lieutenant Generall Cromwell but I rather conceived that the change was upon this occasion viz. That the Presbyterian Scots considering that Lieutenant Generall Cromwell was no friend to them and that the King was possessed with deadly hatred against them and having intelligence that the King relyed upon the Lieutenant Generall to make his termes for him with this Honourable house and well weighing the danger to which they were exposed by two such potent Enemies or rather one such impla●able opposer backed with a potent Army were inforced in respect to their owne preservation to attempt the breaking of that designe and prevent the Kings comming in upon the Armies or Lieutenant Generall his interest thereupon though they were no reall Friends to the Kings negative voyce or to his pretended right to the Militia and would not allow the King in their owne Kingdome a negative voyce to their Lawes in the least Punctilio nor the least shadow of Power in disposing of their Militia yet a necessity was upon them to out-bid Lieutenant Gen. Cromwell and to offer both a Negative voyce and a Militia to the King in this Kingdome That so the King might be induced to cast himselfe upon them and presume to come in upon their interest hereupon the King as hee said at Ouburne accepted his best bargaine and tooke their proffer who bad most for him and then the tenders of the Lieutenant Generall being rejected hee was necessitated to ingage with this Honourable house in those Votes that there should neither any addresses be made further to him nor any received from him And when I consider how zealously Commissary Generall Ireton hath formerly endeavoured the renewing addresses unto the King and that there should be another manner of addresse made to him then was by the Proposions sent to Newcastle and when hee was reflected upon by some of the Generall Councell at Putney as having occasioned the sence of the Army to be misrepresented to this Honourable house viz. That it desired a new addresse to be made to the King hee professed that if he did not thinke it to be the sence of the Army hee would loath and abhorre the Army and detest to continue with them for a day When I consider these things and mind that the same Gentleman should be the first or second man in this Honourable house which should move that no more addresses should be made to or received from the King I cannot imagine that this so great a turne should be upon any other then a private interest After this one at the meeting moved a Question viz. Whether it be not needfull to frame something speedily to present to the Parliament to incourage them to proceed according to those good Votes against the King late passed the rather because the large Petition will be a long time before it be presented Unto this I answered That I conceived the large Petition contained those Principles upon which this Honourable house must proceed in case those late Votes be prosecuted and doubtlesse that Petition is knowne to be abroad by every active Member of this Honourable house and in case the people shall freely joyne in that Petition it will more

made of the 1. of H. 4. c. 10. whereby that uncertain proviso was repealed and it was inacted that in times to come nothing should be esteemed treason but what was litterally contained in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S● 1. this was confirmed that nothing should be adiudged high Treason pettie Treason 〈◊〉 Misprision of Treason but what was declared and expressed in the 25. of Ed. 3. c. 2. This wo● expressed saith Cook 3. part instit p. 24. excludedeth all implications or inferences whatsoever See Cooks 3. part instit p. 9. Now nihill relictum est arbitrio iudicis neque parliamenti there is no constructive nor i●terpretative treason by arguments a minori ad maius or a simili either from the like fact 〈◊〉 from the lesser to the greater Neither is there any intentionall treason saving against th● Kings life If persons should conspire to levie Warre it were no treason for by the Statu● there must be levying warre in facto actually before it be treason Now in my humble opinion the King by consequence or influence cannot iustly decla● the act of any man to be treason according to this statute unlesse it be contained in the expresse letter thereof and I humbly offer these reasons 1. This Statute is a declarative Law and should it be taken by equity or construction th● implyes a contradiction 2. This is a penall law and such can admit of no construction or i●ferences Penalties are to perswade to the keeping of known lawes not of Lawes coniectura● ambiguous and to be taken by consequence which perhaps the most learned Lawyers may n● imagine to be intended by them and much lesse the people Doubtlesse they are to concer● that in case they obey the statutes according to the Letter they are not lyable to any penal● And J find that the Parliameut in the 13. of Eliz. did exactly observe this law that nothing should by vertue of the statute be interpretative treason They might have very plausibly have impeached those of treason which brought the Popes Buls from Rome to stir up the people to mutiny and rebellion and to take away the Queens life but this fact was not contained in the preceeding statute and therefore the persons not iustly guiltie of treason seeing they transgtessed no declarative law yet that Parliament declared it to be treason for the time to come during the Queens life for any person to bring such Bulls from Rome to stirre up the people to mutiny Thus every Parliament may declare what crimes they please to bee treason but by common reason or light of nature those statutes must referre only to future obedience a reall crime committed before the making of a statute cannot be a breach of that statute because it was not extant in rerum natura Now let honest hearts which J understand be too many that are troubled at my restraint upon pretence of treasonable practises set them J say be satisfied from their own reason Let them iudge whether a loving peaceable discourse with honest men at a meeting to which J was invited wherein the sole purpose and intent of our hearts was to unite all wel minded people in matters of common concernment that the distractions of the nation might be healed and those clouds of blood diverted which are now impending Jn which discourse it was laid down as the principle maxime that the authoritie of the Commons in Parliament must be preserved and freed from contempt Whether this discourse J say can be either by the letter of the law treasonable or by construction if that should be admitted and malice it self made Judge Quest But some may yet inquire whether J cannot imagine for what crime the Parliament should suspect me Answer I must professe J reckon their restraining my person inter arcanu imperij amongst the mysteries of state and its opus Herculium a work for Hercules in my opinion to find the suspected Crime yet I have ercted in my self a new Jnquisitiou office for that purpose and J shall give you a copy of some of the examinations taken Interro 1 Were not you suspected for promoting the large petition Answer This was not objected against me by the informer neither could it be said that I had either subscribed or procured any to subscribe it but suppose I had gained 10000. subsribers to that Petition doublesse Petioners cannot be found in the Parliaments catalogue of sinners sure I am I have seene their names in red Characters for Saints in their Kalender in the yeare 1642. when the Lords would not concurre in the Ordinance for setling the Militia the Petitioners of Surrey and Hartford shire which in effect desired leave to protest against those Lords which would not agree to the votes of the Commons those Petioners J say were accounted amongst not the lowest order of Englands worthyes and many thousands of poore about London which petitioned against the Malignant faction and desired that those Peeres which concurred with the Commons in their happy votes mght be desired to sit and vote with the Commons as one intire body though the language of the petition was threatning saying they should be inforced to lay hold on the next remedie which was at hand to remove the disturbers of their peace c. these Petitioners were accounted gallant English Champions and their petitions sent by the Commons to the Lords at a conference and such Constables were checked as attempted to disturb the people which met in great multitudes to subscribe petitions against things established by law and a Justice of the peace committed to the See 1. part book decl ●p●ge 547 548. Tower for executing a warrant from the Lords for seting watches under p●etence of avoiding Tumults to hinder the peoples resorting in great mnltitudes to the House to preferre petitions t See first book decl pag. 532. yea the Lords and Commons both in their Remon of May 26. 1642. acknowledged it to be their duty to receive petitions these are the words we acknowledge that we have received petitions for the removall of things established by law and we must say and all that know what belong to the course and practise of Parliaments wil say that we OVGHT to do so u See first parr book dec p. 720. and upon the late London petition in Novem. last the Commons declared that it was the people● right to petition and their right to iudge of Petitions whence it is clearly to be inferred that it is the peoples right to petition for whatsoever seemes good to them though it be really evill otherwise it were not the Parliaments right to judge of their petitions certainly it is not the Parliaments right to walke contrary to common equity or to reject the good desires of the people promoted questionles the Armys eye could not with patience reade in the petition● of the bil of scandalous sinners An order to suppresse a petition was the

offenders are binding and consequently the Liberty estate and life of every man is subject to there absolute wills● nay should it be granted that the Parliament may proceed against and imprison try judge or censure supposed offenders contrary to the kowne laws and the ordinary proceedings therein all the people are the worst of vassalls in the time of Parliament being in effect without a Law whereby to put a difference between good and evill between just and unjust and yet being in danger of the losse of estates Liberties lives for doing what they conceive most purely just in case others shall judge it unjust It s the Law which is the safegard the custody of all private interests the estates Liberties and lives of all are in the keeping of the Law And therefore the Parliament in their Rem of May 26. 1642. 1 book of decl p. 693. justly testifies an indignation in their spirits against that scandall which Reader observe that cases of necessity in time of warre are always to be excepted necessity dissolves all Lawes and such cases proceeding must be arbitrary the King cast upon them viz. that they disposed of all the subjects lives and fortunes by their owne votes contrary to the knowne law of the land upon these grounds I hope I may say without offence that the warrant was illegall and the illegality was not in a punctilio but in the principle clause for there is no particular crime expressed in it● and Sr. Edw. Cooke in the second part of institute saith its the speciall thing required by act of Parliament to make a Mittimus legall that the cause be expressed with such convenient certainty as it may appeare judicially that the offence requires such a judgement as in case a person be committed for high treason it s not sufficent that it be expressed in the Mittimus for high treason but it must be more particularly for high treason against the person of the King or for counterfeiting the broad seale or the mony of the King c and in case it be for petty treason it ought to be declared in the Mittimus as for the death of A. B. his Master and so for fellony for the death that C. B. or for stealing a horse c. and it s to be observed that an indictmeut ought to rehearse the effect of the Mittimus which directly proveth that the cause in such a generall certainty ought to be shewed read Cooks exposition of Magna Charta 29 for further satisfaction and that of Festus in Act. 25. 26 27. is worth observation that he sought for some certaine thing against Paul to insert into his Mittimus whereby he should be sent to Cesar for saith he it seemes to me unreasonable to send a prisoner and not withal to signifie the crimes layd against him And I cannot but imagine that the Parliament proceeded upon this ground in refusing to imprison such as have been accused in generall of high treason doubtlesse with Festus they judged it unreasonable to ● disseize any man man of his Liberty without such a particular crime probably at least objected against him as evidently requires such a judgement Thus when the Kings Attourny Generall exhibited Articles of high Treason against Mr. Hollis Mr. Pim Mr. Hampden Mr. Stroud and Sir Arthur Has●eridgo they Petitioned the l See 1. par book Decl. pag 52. 65 67. King twice to discover what proofe of those Articles were against them before any proceedings were to be against them and in a third Petition m See 1 part book Decl. pag 77. they have these words Whereas by the expresse Lawes and Statutes of this Realme that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 of Edw. the 3. If any whatsoever make suggestion to the King of any Crime committed by another the same Person ought to bee sent with the suggestion before the Chancellor or Keeper of the Great Seale Treasurer and the Grand Councell there to find surety to pursue his suggestion which if hee cannot prove he is to bee Imprisoned untill hee hath satified the Party accused of his damages and slander and made fine and Ransome to the King And least it should be said That this concernes onely Suggestors made against any to the King himselfe It s said in the Statute of the 25 of Edw. 3. Chap. 4. That no man shall bee taken by Petition or suggestion made to the King or his Councell c. And I am sure the word Councell includes the Parliament And least it should be said that there ought to be Particular matter and probable proofes offered before the Imprisonment of the Members of Parliament But it s a Priviledge peculiar to them the Parliament hath declared as much in the case of other Persons viz. When the King about Ianuary 1642. in answer to the City Petition desired that Alderman Penington Alderman Foulk Colonel Ven and Colonel Manwaring might bee Committed to safe custody as guilty of high Treason that they might bee proceeded against by the course of the n See 1. p. book Decl. pag. ●40 841. Law Mr. Pim declared to the City by the Command of both Houses and as their Sence that It s against the rules of Iustice that any man should bee Imprisoned upon a generall charge when no Particulars are o See 1 par book Decl. pag 845. proved against them And besides the Priviledge of Parliament men objected extends not to Treason Felony or breach of the Peace but in such cases any Member of Parliament may be Arrested by any minister of Iustice to the intent hee may be brought to Parliament Corpus cum causa and also detayned in safe custody till such time See 1. part book Decl. pag. 723 724 and therefore the Case is generally inclusive and to that purpose most excellent are the Parliaments words in their Declaration of May 19. 1642. 1. p. book Decl. pag. 201. Wee conceive it a heynous Crime against the Law of nature against the rules of Iustice that innocent men should bee charged with so high an offence as Treason in the face of the highest Iudicatory of the Kindome without witnesse without evidence without all possibility of reparation in a Legall course ☞ Reader take notice that the single Informer against me produced neyther Witnesse nor evidence of what hee said and I am left without all possibility of reparations in a legall way because the Parliament hath taken the first cognizance of my supposed crime and in stead of a Iustice of Peace committed me to Prison And doubtlesse upon the same ground the Parliament refused to suspend from the House ●d much more to imprison the 11 Members accused by the Army though 5. Articles p See the book of the Arm. decl pag 47 48. 49. were ●en in against them v●z 1. That they had endeavoured to overthrow the rights of the Subiect in ●rary wayes

and to delay and obstruct iustice 2. That they had deluded surprized and abused 〈◊〉 House to provoke the Army to distempers and re●and the reliefe of Jreland 3. That they endea●red the pulling the Armie in pieces to the danger of the Kingdoms peace 4. That they had en●voured to raise forces to list and procure to be listed Officers and Souldiers without the authority 〈◊〉 Parliament to imbroyle the kingdom in blood for their own desperate designes 5. That they had ●vited and ab●tted tumul●ous Reformado Officers to assemble at Westminster to offer violence to 〈◊〉 enforce the Parliament The House voted and declared about the 25. of June after the ex●biting this charge that by the Lawes of the Land no iudgement could be given to suspend those 〈◊〉 Members from sitting in the House before particulars were produced and proofs made q See the Manifesto of the Armie from Vxbridge Iune 27. upon these Votes book decl pag. 70. I have thus inlarged my discourse of this particular to satisfie all men that my desire of a 〈◊〉 warrant or commitment was grounded upon the Parliaments own Declarations as well a●●aw and that malice it self might not dare to adjudge me for that humble and peaceable desire 〈◊〉 contemner of the authority of Parliament for the preservation of which I shall run ●ch manifold hazzards Neither was there any necessity to speak thus much in relation to what Mr. Masterson informed against me For he accused me of no crime unlesse it be a crime to relate to honest ●n what I heard of the tumu●uo●snesse of the poor in Wiltshire or to tell them what I ●ard some Lords were willing to condiscend to in relation to their priviledges and their ●gislative power though this latter was fal●e and not spoken by me Now if any shall inquire how an order passed the House to commit me for treasonable and ●ious practises against the State J must returne an Jgnoramus it s transcendently above the ●sphere of my understanding But least the grisly aspect of such horrid words seeming to relate to some monstrous crimes ●ould ●ffright or amaze my friends I shall give them a briefe account of treason which yet is ●laid to my charge what it is in law and J shall not trifle about the derivation of the ●ord as from Trahir treacherously to betray c. All offences which are treason are comprehended literally and expresly in the Stat of 25. 〈◊〉 Edw. 3. c. 2. And this Statute hath been confirmed and more honour given to it by Par●ments then to any other except Magna Charta as the Stat. of the 1. Hen. 4. c. 10. Re●ing that whereas at a Parliament holden 21. R. 2. divers pains of Treason were ordained 〈◊〉 Statute in so much as there was no man did know how to behave himself to doe speak ●say for doubt of such paines It s enacted by the King the Lords and Commons that in no ●me to come any treason be adjudged of otherwise then it was ordained by the Stat of 25. ●d 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. M● Ch. 1. Sess 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into six Classes the first concerneth death which is either a compassing or imagining the death of the King Queen or Prince and declaring the same by some Covert deed or a killing and murthering some Officer of ●stice in their places doing their offices as the Chancellor Treasurer Justices of the one ●ench and of the other Justices in O●re c The 2. kind of Treason is the violation of or carnall knowing of the Queen the Kings eldest daughter or the Princes wife The 3 is levy●g warre against the King The 4. is adhering to the Kings enemies within the Realm or without and declaring the same by Court Act. The 5. is counterfeiting the great Seale the ●ivie Seale the Kings coyne The 6. is bringing into the Realm counterfeit money to the likenesse of the Kings coyne Now unlesse an offence be within one of these Classes or heads its 〈◊〉 high treason See Cooks 3. part inst pag. 3. 4. But let the Reader observe that the King in this statute is taken in hispolitick capacity as he is a man there is no treason can be committed against him but only as he is a person trusted with such high authority and so th● levying warre against the Lawes and authority of the King is a levying warre against th● King r See the Parl. Rem of May 26 book decl pag. 727. though it be not against his person yea though those who levie the war have th● personall command of the King for it This Stat. provided sufficiently that the people should have a cleare rule whereby to measure their actions in case of treason so as to be secure from the Judges malice or injustice th● words are positive and exclusive as to them that they shall not judge any thing treason which 〈◊〉 not specified in this Act the word specified is to be observed which is as much as to say particularized or set down particularly But the saluo that the Judges in case of any Act not particularize● and supposed to be treason should defer iudgement and transferre the case to the King and Parliamen● who might declare it treason This made the rule of the peoples actions as to Parliaments to be wholly uncertain this saluo was like a drawn sword hanging over every mans head by the slender thre● of a consequence or illation And by this divers were condemned by the King and Parliament a● Traytors which could not have been condemned by the Statute one was transferred from th● Kings Bench to the Parliament in the 8. of Rich. the 2. and his fact was adiudged treaso● and in the 11. of the same King Rich. 2. the Duke of Jreland and Nevill Arch Bishop of Yor● were impeached of treason by Glocester Arundell and Warwick and though their facts wer● not treason by the Statute yet by vertue of the saluo they were convicted of treason and i● the 21. of Rich. 2. the King and Parliament reversed that sentence and by the same salu● those three Noble men their accusers were adiudged Traytors and in the 10. of Hen. 4. h● successor that revocation of the sentence against the Duke of Jreland and Nevell which wa● in the 21. of Rich. 2. was againe repealed and the sentence against them in the 11. of R. 〈◊〉 was established thus by this uncertain proviso treason was tossed to and fro and no ma● knew when he was safe because the rule of their actions were uncertaine according to the o● maxime misera servitas ubi ius est vagum et ●ncertam But in the Parliament of the 1. H. a petition was preferred to have Treason limited with● in some statute because they knew not what to speak nor what to do least it be adiudged treason and hereupon was that statute