wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being Warre betweene those of the Shire grounds mentioned in this statute and the Irish the concluding of Warre and Acts offensive and invasive there mentioned can be intended against no others but the Irish enemies Againe the words of the statute are no captaine shall assemble the people of the Shire grounds to conclude of peace or warre Is it to bee presumed that those of the Shire grounds will conclude of Warre against themselves nor saith the statute shall carry those of the Shire grounds to doe any Acts invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly the words are As captaine none shall assume the name or authority of a captaine or as a captaine shall gather the people together or as a captaine lead them The offence is not in the matter but in the manner If the acts offensive were against the Kings good Subjects those that went under command were punishable as well as the Commanders but in respect the Souldiers knew the service to bee good in it selfe being against the enemies and that it was not for them to dispute the authority of their commanders the penalty of a 100. pounds is laid onely upon him that as Captaine shall assume this power without warrant The people commanded are not within the Statute My Lords the logicke whereupon this argument hath been framed stands thus Because the statute of the eleventh yeere of Queene Elizabeth inflicts a penalty of a 100. pound and no more upon any man that as a captaine without warrant and upon his owne head shall conclude of or make Warre against the Kings enemies therefore the statute of the 18. yeere of Henry the sixth is repealed which makes it Treason to lay souldiers upon or to levie war against the Kings good people But my Lords observation hath been made upon other words of this statute that is that without licence of the Deputy these things cannot be done This shewes that the Deputy is within none of the statutes My Lords this Argument stands upon the same reason with the former because hee hath the ordering of the Army of Ireland for the defence of the people and may give warrant to the Officers of the Army upon eminent occasions of invasion to resist or prosecute the enimy because of the danger that else might ensue forthwith by staying for a warrant from his Majesty out of England Therefore it is no Treason in the Deputy to imploy the Army in Ireland whensoever hee pleaseth for the subversion of the Kings good people and of the Lawes My Lords the statute of the tenth yeere of Henry the seventh the 17. Chapter touched upon for this purpose cleares the businesse in both points for there it is declared that none ought to make warre upon the Irish rebels and enimies without warrant from the Lieutenant the forfeiture a 100 pounds as here the statute is the same with this and might as well have beene cited for repealing the statute of the eighteenth yeere of Henry the 6. as this of the 11. yeere of Queene Elizabeth but if this had been insisted upon it would have expounded the other two cleare against him Object My Lords it hath been further said although the statute be in force and there be a Treason within it yet the Parliament hath no jurisdiction the Treasons are committed in Ireland therefore not triable here Answ My Lords Sir Iohn Perrot his predecessors in the 24. yeere of Queene Elizabeth was tried in the Kings bench for Treason done in Ireland when he was Deputy Orucke in the 33. yeere of Queene Elizabeth judged heere for Treason done Ireland Object But it will be said these trials were after the statute of the 34. yeere of Henry the eight which enacts that treasons beyond sea may be tried in England Answ My Lords his predecessor my Lord Gray was tried and adjudged here in the Kings bench that was in Trinity terme in the 33. yeere of Henry the eighth this was before the making of that statute Object To this againe will be said that it was for Treason by the Lawes and statutes of England but this is not for any thing that 's Treason by the Law of England but by an Irish statute So that the question is onely whether your Lordships in Parliament here have cognisance of an offence made treason by an Irish statute in the ordinary way of judicature without bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration 1. Whether the rule for expounding the Irish Statutes and customes bee one and the same in England as in Ireland 2. That being admitted whether the Parliaments in England have cognizance or jurisdiction of things there done in respect of the place because the Kings writ runnes not there For the first if in respect of the place the Parliament here hath cognizance there And secondly if the rules for expounding the Irish statutes and Customes bee the same here as there this exception as I humbly conceive must fall away In England there is the common law the statutes the acts of Parliament and customes peculiar to certaine places differing from the common Law if any question arise concerning either a custome or an act of Parliament the common Law of England the first the primitive and the generall Law that 's the rule and expositour of of them and of their severall extents it is so here it is so in Ireland the common Law of England is the common Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry the third by act of Parliament held in England as appeares by the pattent Rolls of the 30 yeere of King Henry the third the first membranâ The words are Quia pro communi utilitate terrae Hiberaniae unitate terrarum Regis Rex vult de commune consilio Regis provisum est quòd omnes leges consuetudines quae in regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem regatur sicut Dominus Johannes Rex cum ultimò esset in Hibernia statuit fieri mandavit Quia c. Kex vult quod omnia brevia de communi Jure quae currunt in Angliae similitèr currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquillitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur In cujus c. Teste Rege apud Woodstock decimo nono die Septembris Here 's an union of both Kingdomes and that by act of Parliament and the same Lawes to be used heere as there in omnibus My
twentieth yeare of Henry the sixt against the Acts of the Commissioners against Proclamations in pursuance of the Law against that himselfe took notice of Narrow hearted Commissioners 2 In this that here was an Army the Souldiers Souldiers by profession Acts of hostility from them of greater Terror than from free-holders of the same County My Lords I have now done with the first of levying warre 2 The second is the machination the advising of a warre The case in this rests upon the warrant to Savill and the advice in the 23 Article The Warrant shewes a resolution of employing the old Army of Ireland to the oppression of his Majesties Subjects and the Lawes In the 23 Article having told his Majesty that hee was loosed and absolved from rules of Government and might doe every thing which power might admit he proceeded further in speech to his Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdome My Lords both being put together there 's a machination a practise an advise to levie warre and by force to oppresse and destroy his Majesties Subjects Obj. It hath beene said the Statute of 25. Edw. 3. is a penall Law and cannot bee taken by equity and construction there must be an actuall warre the Statute makes it Treason to counterfeit the Kings Coyne the conspiring the raising of furnaces is no Treason unlesse he doth nummum percutere actually coyne Answ My Lords this is onely said not proved the Law is otherwise â— 9. of Henry the sixt fol. 47. there adjudged that the conspiring and ayding to counterfeit coyne was Treason and Justice Stamford fol. 3. 44. is of opinion That this or conspiring to counterfeit the great Seale is Treason The Statute is If any shall counterfeit the great Seale conspiring to doe it by the book is Treason if a man take the broad Seale from one Pattent and put it to another here is no counterfeiting it 's tuntamount and therefore Treason as is adjudged in 2. Henry 4. fo 25. and by the opinion of Stamford If machination or plotting a warre be not within that clause of the Statute of levying warre yet it 's within the first of compassing the death of the King as that which necessarily tends to the destruction both of the King and of the people upon whose safety and protection hee is to engage himselfe That this is Treason hath beene adjugded both after the Statutes of the first of Henry the fourth chapter the tenth and the first of Queene Mary the first chapter so much insisted upon on the other side In the third yeare of King Henry the fourth one Balshall comming from London found one Bernard at plough in the parish of Ofley in the Connty of Hertford Bernard asked Balshall what news hee told him the newes was That King Richard the second was alive in Scotland which was false for hee was then dead and that by Midsomer next he would come into England Bernard asked him what was best to be done Balshall answered get men and goe to King Richard In Michaelmas Terme in the third yeare of Henry the fourth in the Kings Bench rot 4. this advise of warre adjudged Treason In Queene Maries time Sir Nicholas Thrâ—gmorton conspired with Sir Thomas Wyat to levie warre within this Realme for alteration in Religion he joyned not with him in the execution This Conspiracy alone declared to bee Treason by the Judges This was after the Statute of the first of Queene Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter-Terme after and is reported by Justice Dyer fo 98. It 's true Sir Thomas Wyat afterwards did levie warre Sir Nicholas Throgmorton hee onely conspired this adjudged Treason Storie in Queene Elizabeths time practised with Forreiners to levy warre within the Kingdome nothing done in pursuance of the practise The intent without any adhering to Enemies of the Queene or other cause adjudged to bee Treason and hee executed thereupon It 's truemy Lords that yeare 13. Elizabeth by Act of Parliament it 's made Treason to intend the levying of warre this case was adjudged before the Parliament The case was adjudged in Hillary Terme the Parliament began not untill the April following This my Lords is a case adjudged in point That the practising to levy warre though nothing be done in execution of it is Treason Obj. It may be objected that in these Cases the conspiring being against the whole Kingdome included the Queene and was a compassing her destruction as well as of the Kingdomes here the advice was to the King Ans 1. The answer is first that the warrant was unknowne to his Majesty that was a machination of warre against the people and Laws wherein his Majesties person was engaged for protection 2. That the advice was to his Majesty aggravates the offence it was an Attempt not only upon the Kingdome but upon the Sacred person and his office too himselfe was hostes patriae hee would have made the Father of it so too nothing more unnaturall more dangerous To offer the King poyson to drink telling him that it is a Cordiall is a compassing of his death The poyson was repelled there was an antidote within the malice of the giver beyond expression The perswading of Forreiners to invade the kingdome holds no proportion with this Machination of warre against the Lawes or kingdome is against the King they cannot be severed My Lords if no actuall warre within the Statute if the counselling The third generall Head of a war if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into their consideration what the addition of his other words Counsells and Actions do operate in the case and have conceived That with this addition all being put together that he is brought within the Statute of 25. Edward 3. The words of the Statute are if any man shall compasse or imagine the death of the King the words are not if my man shall plot or consult the death of the King no my Lords they go further than to such things as are intended immediately directly and determinatively against the life and person of the King they are of a larger extent to compasse is to doe by circuit to consult or practice another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is roome left for constructions for necessary Inferences and Consequences What hath beene the judgement and practice of former times concerning these words of compassing the Kings death will appeare to your Lordships by some cases of attainders upon these words One Owen in King Iames his time in the 13. yeere of his raigne at Sandwich in Kent spake these words That King Iames being excommunicated by the Pope may bee killed by any man which killing is no murther
Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings little finger should be heavier than the loines of the Law They shall find my Lords who speakes this to the people a Privie Counsellour this must be either to traduce his Majesty to the people as spoken from him or from himselfe who was Lord Lieutenant of the County and President intrusted with the forces and Justice of those parts that he would imploy both this way add my Lords to his words there the exercising of an arbitrary and vast Jurisdiction before he had so much as Instructions or colour of warrant Thence we carry him into Ireland there he represented by his place the sacred person of his Majesty 1 There at Dublyn the principall City of that Kingdome whither the Subjects of that Countrey came for Justice in an Assembly of Peeres and others of greatest ranke upon occasion of a speech of the Recorder of that City touching their Franchises and Legall Rights he tels them that Ireland was a conquered Nation and that the King might doe with them what he pleased 2 Not long after in the Parliament 10. Car. in the Chaire of State in full Parliament againe That they were a conquered Nation and that they were to expect Lawes as from a Conquerour before The King might doe with them what he would now They were to expect it that he would put this power of a Conquerour in execution The Circumstances are very considerable in full Parliament from himselfe in Cathedra to the representative body of the whole Kingdome The occasion adds much when they desire the benefit of the Lawes and that their Causes and Suites might be determined according to Law and not by himselfe at his will and pleasure upon paper Petitions 3 Upon like occasion of pressing the Lawes and Statutes That hee would make an Act of Counsell board in that Kingdome as binding as an Act of Parliament 4. He made his words good by his actions assumed and exercised a boundlesse and lawlesse Jurisdiction over the lives persons and estates of his Majesties Subjects procured judgement of death against a Peere of that Realme commanded another to be hanged this was accordingly executed both in times of high Peace without any processe or colour of Law 5. By force for a long time he seised the yarne and flax of the Subjects to the starving and undoing of many thousands besides the Tobacco businesse and many Monopolies and unlawfull Taxes forced a new Oath not to dispute his Majesties royall commands determined mens estates at his owne will and pleasure upon paper Petitions to himselfe forced Obedience to these not onely by Fines and Imprisonment but likewise by the Army sessed Souldiers upon the refusers in a hostile manner 6. Was an Incendiary of the warre betweene the two Kingdomes of England and Scotland My Lords we shall leave it to your Lordships Judgements whether these words Counsells and Actions would not have beene a sufficient Evidence to have proved an Inditement drawne up against him as those before mentioned and many others are That they were spoken and done to the intent to withdraw the Kings heart from the people and the affections of the people from the King that they might leave the King and afterwards rise up against him to the destruction of the King if so here is a compassing of the Kings death within the words of the Statute of the five and twentieth yeare of Edward the third and that warranted by many former judgements My Lords I have now done with the three Treasons within the The fourth generall Head Statute of the five and twentieth of Edward the third I proceed to the fourth upon the Statute of the eighteenth yeare of Henry the sixt Chapter the third in Ireland I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead hoblers kerves or hooded men nor any other people nor horses to lie on horseback or on foot upon the Kings Subjects without their good wills and consent but upon their owne costs and without hurt doing to the Commons and if any so doe he shall be judged as Traitor 1. The Argument that hath been made concerning the Person That it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in regne parem from the greatnesse of his office to argue himselfe into the same impossibility with his sacred Majesty of being uncapable of High-Treason it 's an Offence no reason The words in the Statute No Lord nor any other of what condition soever he be includes every Subject In Trinity Terme in the three and thirtieth yeare of Henry the eighth in the Kings Bench Leonard Lord Gray having immediately before been Lord Deputy of Ireland is attainted of High-Treason and judgement given against him for letting divers Rebels out of the Castle of Dublin and discharging Irish hostages and pledges that had been given for securing the Peace for not punishing one that said the King was an Heretique I have read the whole Record ther 's not one thing laid to his charge but was done by him as Lord Leivetenant Hee had the same Plea with my Lord of Strafford That these things were no adhering to the Kings Enemies but were done for reasons of State That he was not within those words of the Statute of the five and twentieth yeare of Edward the third himselfe being Lord Lievtenant there they cost his life Obj. 2. It hath been said That the Souldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kerves and hoodedmen these rascall people Answ My Lords they were the names given to the Souldiary of those times Hoblers horsemen the other the foot but the words of the Statute goe further Nor any other people neither horse nor foot his Lordship sessed upon them both horse and foot Object 3. The Statute extends only to them that leade or bring Savill led them my Lord onely gave the warrant Answ To that I shall say onely thus plus peccat author quam actor by the rule of Law agentes consentientes pari plectuntur panâ if consent much more a command to doe it makes the commander a Traitor If there bee any Treason within this Statute my Lord of Strafford is guilty It hath been therefore said That this Statute like Goliah's sword hath been wrapt up in a cloth and laid behind the doore that it hath never been put in execution Answ My Lords if the Clerk of the Crown in Ireland had certified your Lordships that upon search of the Judgements of Attainders in Ireland he could not finde that any man had been attainted upon this Statute your Lordships had had some ground to believe it yet it is onely my Lord of Straffords affirmation Besides your Lordships know that an act of
Subject shall assemble the people and conclude a warre and accordingly shall lead them to invade the Subject this is a levying of warre within the word of that statute and then the statutes of the five and twentieth yeere of Edward the third the first of Henry the fourth and the first of Queene Mary which the Earle of Strafford in his Answer desires to be tryed by are as well repealed in this point as the statute of the eighteenth yeere of Henry the sixth he might then without feare of Treason have done what he pleased with the Irish Army for all the statutes of levying war by this statute of the eleventh yeer of Queene Elizabeth were taken out of his way In Ireland a Subject gathers forces concludes a warre against the Kings people actually invades them bloodshed burning of houses Depredations ensue two of those that is murder and burning of houses are Treason and there the other felony by this construction the punishment of Treason and felony is turned onely into a fine of one hundred pounds from losse of life lands and all his goods onely to losse of part of his goods 3 The third absurdity a warre is concluded three severall Inrodes are made upon the Subject in the first a hundred pound dammage in the second five thousand pounds dammage in the third ten thousands pound dammage is done to the Subjects the penalty for the last inrode is no more than for the first onely one hundred pounds This statute by this construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part to the informer here 's no dammage to the Subject that is robbed and destroyed My Lords the Statute will free it selfe and the makers of it from these absurdities The meaning of this statute is That if any Captaine shall of his own head conclude of peace or war against the Kings Enimies or Rebels or shall upon his owne head invade them without warrant from the King or the Lord Deputie of Ireland that then he shall forfeit an hundred pounds The offence is not for laying of Souldiers upon the Kings people but making of warre against the Irish Rebells without warrant the offence â—s not in the matter but in the manner for doing a thing lawfull but without mission 1 This will appeare by the generall scope of the statute all the parts being put together 2 By particular clauses in the Statute 3 By the Condition of that Kingdome at the time of the making of that statute For the first The preamble recites that in time of Declination of Justice under pretext of defending the Countrey and themselves divers great men arrogated to themselves Regall authority under the names of Captaines that they acquired to themselves that government which belonged to the Crown for preventing this Its enacted that no man dwelling within the Shire grounds shall thenceforth assume or take upon himselfe the authority of name of a captaine within those Shire grounds without Letters Pattents from the Crowne nor shall under colour of his captaine-ship make any demand of the people of any exaction nor as a captaine assemble the people of the shire grounds nor as a captaine shall lead those people to doe any acts offensive or invasive without warrant under the great Seale of England or of the Lord Deputy upon penalty that if he do any thing contrary to that act then the Offender shall forfeit an hundred pounds My Lords the Rebels had been out the courts of justice scarce sate for defence of the countrey diverse usurped the place of Captaines concluded of warre against the Rebels and invaded them without warrant invading the Rebels without authority is the crime 2. This appeares further by the particular clauses in the statute None shall exercise any captaine-ship within the shire grounds nor assemble the men of the shire grounds to conclude of warre or lead them to any invasion That that had anciently beene so continued to this time that is the Irish and the English pale they within the shire grounds were within the English pale and ad fidem legem Angliae the Irish that were without the pale were enimies alwayes either in open act of hostility or upon leagues and hostages given for securing the peace And therefore as here in England we had our marches upon the frontiers in Scotland and Wales so were their Marches betweene the English and Irish pale where the inhabitants held their Lands by this tenure to defend the Countrey against the Irish as appeares in the close Rols of the Tower in the twentieth yeere of Edward the third membranâ 15. on the backside and in an Irish Parliament held the 42. yeere of Edward the 3. It s declared that the English pale was almost destroyed by the Irish enimies and that there was no way to prevent the danger but onely that the owners reside upon their Lands for defence and that absence should bee a forfeiture This act of Parliament in a great counsell here was affirmed as appeares in the close Roll the 22. yeere of Edward the third membra 20. dorse Afterwards as appeares in the Statute of the 28. yeere of Henry the 6. in Ireland this hostility continued betweene the English marches and the Irish enemies who by reason there was no difference betweene the English marches and them in their apparell did daily not being knowne to the English destroy the English within the pale Therefore it s enacted that every Englishman shall shave the haire of his upper lip for distinction sake This hostility continued till the 10. yeere of Henry the 7. as appeares by the Statute of the tenth of Henry the 7. the 17. Chapter and so successively downeward till the making of this very statute of the 11. yeere of Queene Elizabeth as appeares fully in the ninth chapter Nay immediately before and at the time of the making of this statute there was not onely enmity betweene those of the Shire grounds that is the English and Irish pale but open Warre and Acts of hostility as appeares by History of no lesse authority then that statute it selfe For in the first Chapter of this statute is the Attainder of Shane O Neale who had made open Warre was slaine in open Warre It 's there declared that he had gotten by force all the North of Ireland for an hundred and twenty miles in length and above a 100. in breadth that hee had mastered divers places within the English pale When the flame of this warre by his death immediately before this statute was spent yet the fire-brands were not all quenched for the rebellion was continued by Iohn Fitz Gerard called the white Knight and Thomas Queverford This appeares by the Statute of the 13. yeere of Queene Elizabeth in Ireland but two yeeres after this of the eleventh yeere of Queene Elizabeth where they are attainted of high treason for levying Warre this eleaventh yeere
If every felony be losse of life lands and goods what is misuser of the Legislative power by addition of Ignominie in the death and disposall of the lands to the Crowne the publick patrimony of the Kingdome But it was hoped that your Lordships had no more skill in the Art of killing of men than your worthy Ancesters My Lords this appeale from your selves to your Ancesters we admit of although we doe not admit of that from your Lordships to the Peeres of Ireland He hath appealed unto them your Lordships will bee pleased to hear what judgement they have already given in the case that is the severall attenders of treason in Parliament after the Statute of 25. E. 3. for treasons not mentioned without nor within that Statute and those upon the first offenders warning given By the Statute of 25. E. 3. its treason to levie war against the King Gomines and Weston afterwards in Parliament in 1. R. 2. Num. 38 39. adjudged traytors for surrendring two severall Castles in France only out of feare without any compliance with the Enimy this not within the Statute of 25. E. 3. My Lords in 3. R. 2. Iohn Imperiall that came into England upon letters of safe conduct as an Agent for the state of Genoa sitting in the Evening before his door in Breadstreet as the words of the Records are paulo ante ignit egium Iohn Kirby and another Citizen comming that way casually Kirby trode upon his Toe it being twilight this grew to a quarrell and the Ambassador was slaine Kirby was indicted of high treason the indictment findes all this and that it was only done se defendendo and without malice The Iudges it being out of the statute of 25. E. 3. could not proceede the Parliament declared it treason and judgement afterwards of high treason ther 's nothing can bring this within the statute of 25. E. 3. but it concerns the honour of the Nation that the publick faith should be strictly kept It might endanger the traffick of the kingdome they made not a Law first they made the first man an example This is in the Parliament Roll 3. R. 2. num 18. and Hilary Terme 3. R. 2. Rot. 31. in the Kings Bench where judgement is given against him In 11. R. 2. Tresiltan and some others attainted of treason for delivering opinions in the subversion of the Law and some others for plotting the like My Lords the case hath upon another occasion been opened to your Lordship only this is observable That in the Parliament of the 1. yeere of Henry the third where all treasons are againe reduced to the Statute of 25. Edward 3. these Attainders were by a particular Act confirmed and made good that the memory thereof might be transmitted to succeeding ages They stand good to this day the offences there as here were the endeavouring the subversion of the lawes My Lords after â— Henry the fourth Sir John Mortimer being committed to the Tower upon suspition of treason brake prison and made an escape This no way within any Statute or any former Judgement at common Law for this that is for breaking the prison onely and no other cause in the Parliament held the second yeere of Henry the sixth he was attainted of high treason by Bill My Lords poysoning is onely murder yet one Richard Coke having put poyson into a pot of potage in the kitchin of the Bishop of Rochester whereof two persons dyed hee 's attainted of Treason and it was enacted that he should be boyled to death by the statute of 22. H. 8. cap. 9. By the statute of 25. H. 8. Elizabeth Barton the holy maid of Kent for pretending revelations from God that God was highly displeased with the King for being divorced from the Lady Katherina and that in case he persisted in the separation and should marry another that he would not continue King above one month after because this tended to the depriving of the lawfull succession to the Crown she is attainted of Treason In the Parliament 2. and 3. H. 6. cap. 16. the Lord Admirall of England was attainted of Treason for procuring the Kings Letters to both Houses of Parliament to be good to the said Earle in such matters as he should declare unto them for saying that he would make the Parliament the blackest Parliament that ever was in England endevouring to marry the Lady Elizabeth the Kings sister taking a bribe of Sherrington accused of Treason and thereupon consulting with Counsell for him and some other crimes none of them Treason so cleerely within the statute of 25. E. 3. or any other statute as is the case in question My Lords All these Attainders for ought I know are in force at this day the statutes of the 1. H. 4. and the 1. Queene Mary although they were willing to make the statute of the 25. yeere of E. 3. the Rule of the inferiour Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative power had been exercised There 's nothing in them whence it can bee gathered but that they intended to leave it as free for the future My Lords in all these Attainders there were crimes and offences against the Law they thought it not unjust circumstances considered to heighten and adde to the degrees of punishment and that upon the first offender My Lords We receive as just the other Lawes and statutes made by these our Ancesters They are the rules we go by in other cases why should wee differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill but it is now left to the Judgement and Justice of your Lordships FINIS