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england_n	henry_n	king_n	queen_n	22,548	5	7.7438	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91287	The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne.	Prynne, William, 1600-1669.	1658 (1658)	Wing P4090; Thomason E945_5; ESTC R203350	65,819	94

of Ireland with other grievances could not antiently be redressed in the Parliaments thereof but * only in England till 29 E. 3. as is evident by this memorable hitherto unprinted Record made for relief in such Cases * Rex Justiciario Cancellario suis Hiberniae salutem Ex parte nonnullorum fidelium nostrorum Communitatis terrae nostrae Hiberniae Nobis est graviter conquaerendo monstratum ut cum ipsi dampna gravamina quamplurima à magno tempore sustinuerint ex hoc quod ipsi terras tenementa sua in manum nostram per Ministros nostros terrae praedictae cum nomine districtionis cum ex causa transgressionis sive alienationis sine licentia nostra factae voluntariè absque causa rationabili capta extra manus nostras licet ritè processu debito inde penes vos alios de Consilio nostro in partibus illis juxta legem consuetudinem terrae praedictae prosecuti fuissent * recuperare non possunt Et etiam ex hoc quod ERRORES qui in Recordis Processibus placitorum coram Justiciariis nostris aliis Curiis Placiis in eadem terra quae Recordum habent habitis in redditionibus judiciorum placitorum eorundem intervenisse praetendantur in Parliamentis in eadem terra corrigi neqeunt nec alias justicia inde fieri sine remedio in Anglia querendo propter quod quidam propter labores expensas circa praemissa oppositas ad maximam miseriam inopiam deducuntur quidam omnino exhaeredati existunt unde iidem fideles nostri Nobis cum instancia supplicarunt ut super praemissis remedium congruum apponi faciamus Et quia videtur Nobis Consilio nostro durum esse et grave quod conquaerentes super assecutione Justiciae de iniutiis sibi illatis in partibus praedictis taliter absque remedio fatigerentur per quod pro quictae et indempnitate populi nostri in terra praedicta sub nostro regimine existentis cui in exhibitione Iusticiae sumus debitores ordinavimus quod de omnibus terris tenementis in terra pradicta per Justiciarios Escaetores seu quoscunque alios Ministros nostros sub Sigillo nostro in manum nostram ●aptis illis qui pro eisdem terris tenementis extra manum nostram debito justo processu coram vobis prosequi voluerint super hoc plena Justicia secundum legem et consuetudinem terrae nostrae Angliae of dictae terrae nostrae Hiberniae fiat quibuscunque mandatis nostris * sub magno vel privato sigillo nostro Angliae vobis aut aliis Ministris in terra praedicta ante haec tempora directis non obstantibus Et quod ad prosecutionem omnium singulorum qui conqueri voluerint errores in recordis vel processibus coram aliquibus Justiciariis seu aliis Ministris praedictis intervenisse Rotuli eorundem Recordorum Processuum in Parliamentis nostris in eadem terra tenendis per Justiciarios seu Ministros coram quibus Recorda Processus illa fuerint deferantur et ibidem eadem Recorda et Processus diligenter recitentur et examinentur et errores si quos in eisdem inveniri contigerit debite corrigantur Et ideo Vobis mandamus quod Ordinationem praedictam in terra nostra praedicta teneri partibus conquaerentibus plenam celeram Justiciam fieri faciatis in forma predicta quibuscunque mandatis vobis aut aliis in terra praedicta ante haec temporae in contrarium directis nonobstantibus Ita quod aliquis materiam non habeat Nobis pro defectis Justiciae super casibus praedictis de caetero conquaerendi Teste Rege apud Westm. 30 die Augusti Per ipsum Regem et Consilium If then the King and his Counsel in England might thus by this their Ordinance made in England without a Parliament redress these grievances and faylers of Justice in cases only of private concernment in Ireland it self formerly examinable and remediable only in England for the ease and benefit of the loyal Subjects not of Irish Enemies and Rebels there much more may the King and Parliament of England for the preservation of the Kings Crown interest and of the lives inheritances of all his loyal Subjects there and securing the peace of Ireland enact and ordain that all Irish Rebels Traytors committing High Treason and taking up Arms against the King and destroying his Liege people there especially in times of universal Rebellions and Insurrections shall be sent over thence and tryed for the same in England by a sworn Jury of lawfull indifferent Englishmen in the Kings Bench be they Commons or Peers of Ireland without any injury or injustice Thus submitting this Argument to the candid censure and friendly embracement of every judicious Reader and craving a share in his Prayers for Gods gracious blessing both on me and it I leave it to the Readers immediate perusal without further Prologue From my Study in Lincolns-Inne June 19. 1658. on which day of the Month 1637. I was taken * Pro confesso by the Star-Chamber Lords upon a pretended contempt in REFUSING TO ANSWER when as themselves refused to give me leave to plead or answer and rejected the Answers tendred in Court under my own and my Councels hand to the Information there exhibited against all Rules of Law Iustice and of that very Court William Pryn. THE ARGVMENT OF WILLIAM PRYNNE of Lincolns-Inne Esq Hill 20 Car. Banc. Regis IN THE Case of the Lord Cannor Magwire Baron of Ineskellin in Ireland the chief contriver of the late Irish Rebellion and Massacre of the Protestant English against whom he was assigned Councell by both houses of Parliament COnnor Magwire by the name of Connor Magwire of London Esquire was in Michaelmas Tearm last Indicted in this Court for several high Treasons committed by himself together with Hugh Mac-Mahon and divers other Conspiratours and false Traytors against our Lord the King within the Realm of Ireland in partibus transmarinis on the 23 day of October 17 Caroli Upon his Arraignment at this Bar after not guilty pleaded being demanded how he would be tryed he put in this special Plea as to the particular manner of his Tryall only under his Councels hand That by the Statute of Mag. Charta it is enacted That no freeman ought to be imprisoned c. Nor will we passe upon him but by the lawful Iudgement of his Peers or by the Law of the Land That after this in a Parliament held at Droghedah in the Kingdome of Ireland in the 10th year of King Henry 7th it was enacted That all Statutes late made within the Realm of England concerning or belonging to the Common an a Publique weal of the same from thenceforth should be deemed good and effectual in Law and

within the limits of this Realm c. Addes this memorable clause thereto Considering then this Statute made in the Realm of England is most beneficial and expedient to have due execution within the Kings Land and Dominion of IRELAND especially in respect of the high rebellion here lately committed that the odible infamy against the King and Queen in the same Act expressed and other offences abuses and abominations there mentioned principally have been promulged pronounced done and attempted within this said Land Be it therefore established ordained and enacted by authority of this present Parliament that the aforesaid Statute and Ordinance and every thing and things therein con●ained be established confirmed acce●ted deemed iudged and taken for a good and right Law within the Kings Land and Dominion of IRELAND and to be as good effectual and of the same strength and quality effect force and vertue to all intents and purposes within the said Land as the same is or ought to be in the Realm of ENGLAND and that the said Statute and Act made in ENGLAND and every thing therein contained shall have relation and take effect within this Land of IRELAND against all offendors contrary to the form thereof c. Now that Act of 26 H. 8. c. 13. with this of 35 H. 8. c. 2. being principally made and intended for the Treasons done and committed in Ireland as this Irish-Parliament resolves in terminis and being most beneficial and expedient for that Realm it wou'd be very illegal yea irrational absurd impolitick and improvident to exclude Ireland out of this Law where Treasons were most frequent most dangerous to out Kings and Realm and to extend it only to other places out of the Realm where Treasons were seldome done or perpetrated and nothing so perilous to the King and Realm of England as Treason● Rebellions in Ireland have usually been in former and later ages 3ly It hath been adjudged by all the Judges of England both in * Orourks case 33 Eliz. and in Sir John Parrets case 24 El. cited in Calvins case Cooks 7 Report f. 23 a. in his 1 Institutes on Littleton f. 26. b. 3 Institut p. 11 24. and so was it agreed without any argument in Hugh Mac● Mahones case this last Michaelmas Term the P●l●o●e●● Confederate in this horrid Treason that Treason committed in Ireland it self by an Irish Commoner is tryable in this Court by this very Statute contrary to the sub●tane extrajudicial opinion of Dyer M. 19 20 Ell● fol. 360. resolved since to be no Law Seing then it hath been thus frequently resolved heretofore and in case of the Treasons now in question this very last Term without any scruple That an Irish-Commoner committing Treason in Ireland and brought over from thence hither against his will is tryable in this Court by a Middlesex Jury there is no doubt at all of the first question but that this Statute extends to Treasons committed in Ireland by Irish Commoners and the doubt if there be any will rest meerly in the second point which I am already arrived at Namely Whether this Act extends to Treasons perpetrated in Ireland by Irish-Peers as well as by Irish Commoners And under correction I conceive with much clearness that it doth for the s●●●suing reasons 1. From the generallity and universality of the Act it self wherein I shall observe a four-fold universality which supplies me with four undenyable arguments to prove Irish Peers within this Law as well as Irish Commoners The first is a universality of the Kinds of offences specified in the Act in these general Terms All manner of offences being already mad or declared or here after to be made or declared by any the Laws or Statutes of this Realm to be Treasons misprisiion of Treasons or concealment of Treasons done or perpetrated out of this Realm of England shall be enquired of by the Kings Iustices of his Bench c. Now these general words All manner of offences c. must necessarily extend to all manner of Treasons perpetrated or committed out of this Realm by Peers as well ar Commoners To the Treasons of the Lord Magwire as well as to the Treasons of Mac Mahone Esq they being the selfsame Treasons in substance and a manner of Treasons specially made and declared by the Laws of this Realm since there are no restrictive words to confine these general clauses of Treasons only to Commoners and no expresse exception for the offences or Treasons of Irish Peers to be found within the Statute else there would be a repugnance and contradiction between the text and the Glo●●e and this general should be turned into a specifical in respect of the Traitors offending Therefore this general clause extending to all Treasons whatsoever done or perpetrated out of the Realm must necessarily extend to the Treasons of all Irish Peers as well as Commons and so both of them by the words and intention of this Law shall be triable in this Court The second is a universality of time All manner of offences already made or declared or hereafter to be made or declared Treason c. done perpetrated or committed or hereafter to be done perpetrated or committed shall be enquired of by the Kings Iustices of the Bench c. which extends to all former Treasons done out of the Realm at any time before the making and to all future Treasons since the passing of this Act Now this universality of time extends as well to the Treasons of Irish Peers as Commoners to the Treasons of Baron Magwire as well as of Mr. Mac-Mahone both being alike Treasons committed after this Act The 3d. is a * universality of place All manner of Treasons done perpetrated or committed out of this Realm of England that is in any place whatsoever out of the Realm of England be it in Ireland Scotland France Spain Germane Italie Barbary Turkie the East or West Indies as was resolved in Dr. Stories case Hil. 13 Eliz. Dier 298 b. ● 3. Phil. Mar. Dier 131 132. Now this extends generally to all forein Treasons committed by Peers as well as Commons and so to the Treason of the Prisoner at the Bar it being done in Ireland out of this Realm of England and so fully within the Act The 4th which is fatal and unanswerable is a universality of Persons coupled together with all the 3 former generalities in these expresse words All manner of offences made Treason c. done perpetrated or committed By any Person or Persons out of this Realm of England shall be from henceforth inquired of heard and determ●●e● before the Kings Iustices of his Bench c. Now any Person or Persons being a universal expression equivalent to all manner of Persons whatsoever Collectively or to all and euery Person whatsoever distributively extends to Irish Peers as well as Commoners yea to all Subjects of all Ranks whatsoever within the compasse of this Law in regard of the manner of

Irish Commons else they should be in far better condition than English or Scotish Peers and quite exempted out of this Act. Now the same words that bring English-Peers within this Law must of necessity hook in Irish-Peers too there being no clause which exempts or includes the one more than the other 5ly The very letter intent and scope of this Act as appears by the body of it and likewise by the Statutes of 26 H. 8. c. 13. 5 6 E. 6. c. 11. to the same effect was to make all Treasons done or commiteed out of England by any person or persons whatsoever tryable in England either before the Justices in this Court or * before special Commissioners in some other Counties but to be still tryable within this Realm as the words All manner of Treasons hereafter to be done perpetrated or committed by any person or persons out of the Realm of England shall be from henceforth enquired of head and determined before the Kings Justices of his Bench c. clearly resolve in direct terms Therefore to make the Treasons of Irish-Peers committed in Ireland or elsewhere tryable here in England as well as the Treasons of English-Peers or Irish-Commoners And to send them back into Ireland to be there tryed by their Peers when once they are here in Prison and indicted in this Court by exempting them out of this Act contrary to the very letter and intent of the Law is to run point-blank against the very words and meaning of this Law and the Law-makers Therefore he must by this Act be tryed at this Bar and that by an ordinary Jury only as I shall prove anon 6ly The very scope and sole purport of this Act is not to make new Treasons or Traytors which were none before but to bring real Traytors only for Treasons formerly made or hereafter to be made and declared Treasons by the Laws and Statutes of this Realm to exemplary punishment in this Kingdome for the peace and preservation of the King Realm and the better execution of Justice the very life of Laws upon Delinquents only of the highest rank for the most transcendent crimes of High Treasons of misprision or concealments of Treasons not for Felonies or petit Treasons Which consideration must necessarily induce us for the common good to give it the largest fullest and most equitable constraction that may be Thus the Judges in former times have always interpreted it as appears by Dyer f. 132 298. Cookes 7. Rep. Calvins Case f. 23. a. his first Institut on Littleton f. 26. his 3 Instit. p. 24. and in Orourkes case wherein the Judges resolved 1. That the Statute of 1 Mar. Sess. 1. repealing all former Treasons but those within 25 E. 3. and of 1 2 Phil. and Mar. c. 10. enacting That all Tryals hereafter to be had for any Treason shall be had and used only according to the due course of the Common-law of this Realm and not otherwise exend not to the taking way of forem Treasons or their tryals by this Law And in Orourks case they extended it by equity beyond and in some sort against the letter of the Law it self for he standing mute and refusing his Tryal was thereupon condemned and executed for a Treason committed by him in Ireland though the words of the Statute are The Treason shall be enquired of heard and determined before the Justices of the Kings Bench by good and lawfull men of the same Shire where the said Bench shall sit and the Act speaks nothing at all of standing mute But this being a publique Law for the Common good to bring Traytors only to their Tryal and just punishment his refusal to put himself upon his Tryal was adjudged to be a determination and conviction of his Treasons within the Act else any Traytor by standing mute might evade and frustrate this good Law If then this Statute may thus be construed by equity and dilated beyond the words to one who stands mute for a Treason done in Ireland much more may it be extended to a treason by an Irish-Peer who is fully within the words and intent of it as I have already manifested And it would be a most pernicious gloss which should either elude or nullifie this beneficial publique Law 7ly It is clearly resolved in and by our Parliaments 13 E. 1. Proem. 13 E. 1. of Statute Merchants 21 E. 3. rot parl. n. 67. in the Statute of 5 H. 5. ch. 6. in divers of our * Law-books That Acts of Parliaments made in England wherein Ireland is either specially named or generally and necessarily included do bind those in Ireland both Commoners or Peers alike This therefore being such a Law extending and binding those in Ireland as hath been resolved in the forecited Cases it must certainly bind both the Peers and Commons of Ireland to a Tryal at this Bar for Treasons done in Ireland when the King and Kingdom deem it necessary or expedient to try them here in England 8ly The Proviso in this Act for tryal of Treasons done out of this Realm by Peers within the same extends only in positive terms to Peers of this Realm of England because they only are Peers within England and so only tryable by their Peers for forein Treasons within the same not to Peers of Ireland who are no Peers at all nor tryable by their Peers within this Realm of England Therefore this Proviso extending only to Peers of this Realm excludes all other forein Peers whether Irish or Scots from any tryal by their Peer● in England for Treasons acted out of it 9ly There is very great reason why Natural Irish Peers and Barons should be within the compass of this Law as well as Commoners and rather they than any other forein Peers because as our * Historians the Irish Annals Statutes and our Records do testifie ever since their conquest by K. Henry the 2d and submission to the Kings of England they have frequently almost every year in most Kings Reigns broken footh into private petit or general Rebellions and Insurrections against the English as I could instance in sundry particulars in which Rebellions I commonly find a Magwire a Mao-Mahon and Oneal in the van as Ring-leaders of all the rest as they were in this last Rebellion wherein most of the native Irish Peers and greatest septs have been deeply engaged as principal Conspiratours Among other Rebellions I find in Story and which is more authentick in the express Statute made in the Parliament at Dublin in Ireland anno 28 H. 8. c. 1. but 7 years before this Law That Gerald Fitz Gerald Earl of Kyldare the Earl of Desmond with divers other of the Irish Peers and Gentry conspiring together to extirpate the English and deprive the King of his Soveraignty in Ireland did send to the French King the Emperour and Bishop of Rome for ayd and assistance for taking the same Land out of the Kings and

Parliament in the same Land and brought with them Irish Servants to the Parliaments and Counsels there holden whereby the privities of the Englishmen within the same Land have been and be daily discoverd within it to the Irish people Rebels to the King to the great perill and mischief of the Kings lawfull liege people in the same Land And the Statute of 10 H. 7. in Ireland c. 16. enacts That the Spiritual and temporal Lords of the Land of Ireland shall appear in every Parliament holden in that Land in their Parliament Robes in like manner and form as the Lords of the Realm of England appear in the Parliaments holden within the said Realm under pain of forfeiting 100 s. to the King which use of Robes they had there for penury omitted by the space of 20 or 24 years But there is no mention of any Tryal by their Peers in these or any other English or Irish Statutes but those forecited of 2 Eliz. c. 1. 6. Yea the Statute of 25 H. 6. in Ireland c. 28 enacts For that there is a Law established that every Lord that is called a Lord of the Parliament in all pleas personal as well as real in which amerciaments do lye shall be amerced 100 s. to the great impoverishment of the said Lords for as much as their livings are diminished and wasted by war That no Lord of Parliament shall be amerced from thence forward in the said pleas otherwise than other persons notwithstanding any Law made before to the contrary The amerciaments therefore of Irish Lords and Commons being alike by this Law it is very probable their tryals by Jurie were both alike and that they were not tryed by their Peers Now the Prisoners councel have pleaded in his plea that Magna Charta gives the tryal by Peers in Ireland and no other Law but it and that it was not accepted received confirmed and used as a Law in Ireland till the Statute of 10 H. 7. and the words thereof if it be confirmed by that Act are most clear in it That all Statutes late made c. from henceforth be deemed accepted usea and executed within this Realm of Ireland in all points And if it were made a Law there by the Statute 8 E. 4. c. 1. which I rather believe the words of that Act are That from henceforth all other Statutes and Acts made by authority of Parliament in England be ratified confirmed and adjudged by authority of this Parliament in their force and strength from the sixth day of March So as Magna Charta was not a general Law in force use acceptance or execution in Ireland at least amongst the Irish till 8 E. 4. or 10 H. 7. as is evident by these Acts Because I would leave nothing concealed or unanswered that might make for the prisoners advantage I must acknowledge that King Henry the 3d. in the first year of his Reign sent a Roll of the liberties which his Father King Iohn and he had granted to this Realm of England unto Ireland out of his special grace by unanimous consent of all his Lieges and confirmed the same to all his Spiritual and Temporal Lords and faithfull Subjects there for their fidelity to him and his Father to them and their Heirs for ever as a signal bedge of his favour by this patent * Rex Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Militibus et libere tenentibus et omnibus fidelibus suis per Hiberniam constitutis Salutem Fidelitatem vestram in Domino commendantes quam Domino patri nostro semper exhibuistis et Nobis estis diebus nostris exhibiti volumus quod in signum fidelitatis vestrae tàm prae●lare ●am insigniter Libertatibus Regno nostro Angliae a patre nostro et nobis concessis de gratia nostra et dono in Regno nostro Hiberniae gaudiatis vos et vestri imperpetuum Qu●● distincte in Rotulum redactas decommune consilio omnium fidelium nostrorum vobis mittimus signatas sigillo Domini Gu●●onis Apostolicae sedis Legati et fidelifsimi nostri Willielmi Marescalli * Rectoris nostri et Regni nostri quia sigillum nondum babuimus easdem processu temporis majorum constlio proprio sigillo firmandas Teste apud Gloverniam 3 die Februari he being * c. owned but on the 28 of October before at Gloucester where this Patent bears date After which King Henry having ratified the Great Charter of Liberties in England in the 9th year of his reign printed in all our Statutes Books and in Cooks 2 Institutes in the 12 year he commanded it to be published openly in Ireland by his Writ * Rex dilecto et fideli suo R. Burgo Iustic. suo Hiberniae salutem Mandamus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Comites Barones Milites et libere tenentes Ballivos singulorum Comitatuum et coram eis publice legifaciati Cartam Dom. Regis Johannis patris nostri cui sigillum suum appen●um est quani fieri fecit jurari a Magnatibus Hiberniae de legibus consuetudinibus Angliae observandis in Hibernia Et praecipiatis eis ex parte nostra quod leges illas et consuetudines in Carta praedicta contentas de caetero firmiter teneant observent Hoc idem per singulos Comiratus Hiberniae clamari faciatis et teneri Prohibentes firmiter ex parte nostra et super forisfacturam nostram ne quis contra hoc mandatum nostrum venire praesumat eo excepto quod non de morte nec de catallis Hibernensium occasione nichil stauatur ex parte nostra citra quindecem dies a die St. Michaelis anno r. n. 12. super quo respectum de dedimus Magnatibus nostris Hiberniae usque ad terminum praedictnm Teste m●ipso apud Westm. 8 die Maii anno 12. In Cooks 3 Instit. f. 141. b. 4 Instit. p. 3●9 b. in 18 H. 3. Rot pat m. 17. n. 21. There is mantion made of Consuetudines Leges Reg●i nostri Angliae quas bonae memoriae Dominus Johannis Rex pater noster de communi omnium de Hibernia consensu teneri statuit in terra illa Teste Rege apud Winch. 28 die Octob. In the 30th year of Henry the third all Laws and Customs of England were established in Ireland by this * Patent Quia pro communi utilitate terrae Hiberniae pro unitats terrarum Rex vul et de Communi Consilio Regnt provisum est quod omnes Leges et consuetudines quae in regno Angliae tenentur in Hibernia teneantur et eadem terra eisdem legibus subjaceat et per easdem regatur sicut Johan Rex cum ultimo esset in Hibernia statuit et strmiter mandavit Ideo volumus quod omnia Brevia de communi sure quae currunt

Pat. 12. E. 1. m. 11. Pro diversis in Hibernia quod uti possint Legibus Angliae in Hibernia Rex omnibus ballivis fidelibus suis Hiberniae ad quos c. salutem Vol●ntes Giraldo fil Johannis Hibernico gratiam facere specialem concedimus pro nobis Haeredibus no●tris quod idem Geraldus liberi sui quos legitime procreaverit hanc habeant libertatem quod ipsi de caete●o in Hibernia utantur legibus Anglicanis firmiter inhibemus ne quis ●os contra hanc concessionem nostram vexet in aliquo vel perturbet In cujus c. T. Rege apud Carnarvan 30 die Maij Consimiles literae habet Margeria de Lessan Henricus de Lessan Petrus de Lessan Andreas de Lessan Bene dictus fil Johannis Ardmagh Willielmus Heuke Hibernici In cujus c. Teste ut supra Pat. 18. E. 1. m. 24. Rex omnibus Ballivis fidelibus suis in Hibernia ad quos c. salutem Volentes Isamaiae filiae Oragilig Matildae fil Oragilig Hibernicis graciam facere specialem concedimus pro nobis haereaibus nostris quod eadem Isamaia Matilda ad totam vitam suam hanc habeant libertatem videlicit quod ipsae de caetero in Hibernia utantur legibus Anglicanis fi●miter inhibemus ne quis eas contra ●anc concessionem nostram vexet in aliquo vel perturbet In cujus c. T. Rege apud Westm. 12 die Junii per ipsum Regem Pat. 19. E. 1. m. 20. Rex omnibus ad quos c. salutem Sciatis quod de gratia nostra speciali concessimus Willielmo filio Carmok Clerico quod ipse omnes posteri sui imperpetuum Lege consuetudine Anglicana utantur in terra nostra Hiberniae i●a quod ipsi per alias leges consuetudines p●r nos ministros nostros quoscunque de caetero non deducantur contra voluntatem suam sed quod ipsi in vita sua morte de caetero libertate gaudeant Anglicana In cujus c. Teste Rege apud Ashermg 22 die Jan. The like Patent is granted Mauricio de Bre. Hibernico Pat. 24. E. 1. m. 3. These Records with Claus. 2. E. 3. m. 17. Rex dilecto fideli suo Johanni Darcy de Nevien Justiciario suo Hiberniae salutem Exparte quorundam hominnm de Hibernia extitit supplicatum Ut per statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus utantur Anglicanis it a quod necesse non habeant super has chartas aliquas a nobis impetrare Nos igitur certior ari volentes si sine alieno prae●●d●cio praemissis annuer ●valeamus vobis mandamus quod voluntatem magnatum terrae illius in proximo Parliamento ibidem tenendo super hoc cum ailigentia pers●rutari faciatis de eo quod inveneritis una cum vestro consilio ad visam●nto nos distincte aperte cum celeritate qua potestis certificetis hoc breve nostrum nobis remittentes which compared with Claus. 5. E. 3. part 1. m. 25. Pro hominibust●rrae Hiberniae de Lege ANGLIAE UTENDA in custodiis recuper andis c. are an unanswerable evidence beyond contradiction That the great Charter Liberties Customs and Laws of England granted to those of Ireland by King John Henry the third Edward the first and third extended only to the English Subjects inhabiting Ireland and to such Irish who lived in English Counties in due subjection to the Kings of England or were by special Charters of indenization enabled to enjoy the benefit of them who were but few in consideration of the rest of the Irish Nobility Gentry and Commons retaining their ancient Brehon Laws and would not submit to the Laws of England nor Government of our Kings against whom they frequently rebelled being reputed rather Enemies than Rebels and usually so stiled in the Statutes of Ireland till the Statute of 33 H. 8. c. 9. as appears by the Statutes of 18 H. 6. c. 3. 25 H. 6. c. 4 5. 28 H. 6. c. 1. 3 E. 4. c. 2. 5 E. 4. c. 6. 18 E. 4. c. 2. 10 H. 7. c. 9 10 17 19. 28 H. 8. c. 11. by Sir John Davis Irish Reports in the Case of Tanistry fol. 39. the common Laws and Statutes of England being not universally received or established throughout the whole Realm of Ireland till after the Statutes of 3 and 4 Phil. and Mar. c. 3. 11 Eliz. c. 9. and King James his Proclamation in the third yeer of his reign or at leastwise till the Statutes of 8 E. 4. c. 1. or 10 H. 7. c. 22. which established all the Statutes made in England concerning or belonging to the good of the same only as to the Englishry or English Pale and Counties not to the Irishery as the Statutes of 17 H. 7. c. 8 9 10 11 13 17 19. 35 H. 6. c. 3. 5 Ed. 4. c. 3 4 5. 13 H. 8. c. 3. 28 H. 8. c. 15. made in Ireland with other Acts resolve which the Lord Magwire confesseth in his Plea and his Council cannot deny Now the Lord Magwire being none of the English Pale or Irish Sept Liege Subjects to our Kings but of the Irishry and professed Enemies to our Kings as the Irish Annals and Statutes inform us the Statute of Magna Charta and the Laws Liberties and Customs of England granted to the English and loyal Irish Subjects in Ireland and so this trial by Peers could not extend to his ancestors till after the Statutes of 8 E. 4. or 10 H. 7. of 35 H. 8. c. 1. yea after the Statutes of 3 and 4 Ph. and Ma. c. 3. and 11 Eliz. c. 9. for reducing the Irishry into Counties and under the Laws and Statutes of England to which they were not formerly subject And from these Patents of King John and Henry the third forecited and the Statutes of 8 E 4. and 10 H. 7. till 35 H. 8. chap. 1. No one president of any one Irish Peers trial by his Peers in Ireland in any case whatsoever can be produced Therefore certainly there was no such trial known or in use in Ireland before 35 H. 8. nor any president of it since till one of late and una Hirundo non facit Ver. If then the Peers of Ireland before the making of this Act of 35 H. 8. were never actually tried by their Peers for any treason done in Ireland for ought can be proved and there be no express Act for any trial by Peers there for any Treason but only the Act of 2 Eliz. c. 1. and 6. and that only for special Treasons within those Laws which are none of those for which the Prisoner stands here indicted I may safely conclude That this Law of 35 H. 8. never intended to preserve to Irish Peers a trial by their Peers in Ireland which kinde of trial was never