Lords That nothing might be left here for an exception that is that in treasons felonies and other capitall offences concerning life the Irish lawes are not the same as here Therefore it is enacted in a Parliament held in England in the 14. yeere of Edward the second it is not in print neither but is in the Parliament booke That the Lawes concerning life and member shall be the same in Ireland as in England And that no exception might yet remaine in a Parliament held in England the fifth yeere of Edward the third It is enacted quod una eadem Lex fiat tam Hibernicis quam Anglicis This act is enrolled in the Patent rolls of the fifth yeere of Ed. the 3. part 1. membr 25. The Irish therefore receiving their Lawes from hence they send their Students at Law to the Innes of Courts in England where they receive their degree and of them and of the common Lawyers of this kingdome are the Judges made The petitions have been many from Ireland to send from hence some Judges more learned in the Lawes then those they had there It hath been frequent in cases of difficulty there to send some times to the Parliament here sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships onely one because it is in a case of treason upon an Irish statute and therefore full to this point By a Statute there made in the fifth yeere of Edward the fourth there is provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24. Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a grand Jury presented to have committed Treason They desired the benefit of this statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5. yeere of Ed. the fourth in Ireland being obscure the Judges there not being satisfied what to doe sent the case over to the Queene desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withall The Judges here delivered opinion upon an Irish Statute in case of Treason If it be objected That in this case the Judges here did not judge upon the party their opinions were only ad informandam conscientiam of the Judges in Ireland that the judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is That no absurdity no failer of justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The common Law the rule of judging upon an Irish Statute the Pleas of the Crowne for things of life and death are the same here and there This is all that hath yet beene offered For the second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of ages proves the contrary Writs of errour in Pleas of the Crowne as well as in civill causes have in all Kings reignes been brought here even in the inferiour Courts of Westminster Hall upon judgements given in the courts of Ireland The practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I beleeve bee produced to your Lordships that ever the case was remanded back againe into Ireland because the question rose upon an Irish Statute or custome Object But it will bee said That writs of errour are onely upon a failer of justice in Ireland and that suits cannot originally bee commenced here for things done in Ireland because the Kings writ runs not in Ireland Answ This might be a good plea in the Kings Bench and inferiour Courts at Westminster Hall the question is whether it bee so in Parliament The Kings writ runs not within the County Palatine of Chester and Durham nor within the five Ports neither did it in Wales before the union in Henry the eighth's time after the Lawes of England were brought into Wales in King Edward the first 's time suits were not originally commenced in Westminster Hall for things done in them yet this never excluded the Parliament suits for life lands and goods within those jurisdictions are determinable in Parliament as well as in any other parts of the Realme Ireland as appeares by the statute of the thirtieth yeere of Henry the third before mentioned is united to the Crowne of England By the Statute of the eight and twenty yeere of Henry the sixth in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crowne of England is of it selfe and by it self fully wholly and entirely endowed with all power and authority sufficient to yeeld to the subjects of the same full and plenary remedy in all debates and suits whatsoever By the Statute of the 33. yeere of Henry the eighth the first Chapter when the Kings of England first assumed the title of King of Ireland it is there enacted That Ireland still is to bee held as a Crowne annexed and united to the Crowne of England So that by the same reason from this that the Kings writ runs not in Ireland it might aswell be held that the Parliament cannot originally hold plea of things done within the County Palatine of Chester and Durham nor within the five Ports and Wales Ireland is part of the Realme of England as appeares by those statutes as well as any of them This is made good by constant practice In all the Parment rolls from the first to the last there are receivers and tryers of petitions appointed for Ireland For the Irish to come so farre with their petitions for justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed receivers and tryers of them is a thing not to be presumed An appeale in Ireland brought by William Lord Vescye against Iohn Fitz Thomas for treasonable words there spoken before any Judgement given in the case there was removed into the Parliament in England and there the defendant acquitted as appeares in the Parliament pleas of the two and twentieth yeere of Edward the first The suits for lands offices and goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the verdict returned into Parliament as in the case of one Balliben in the Parliament of the five and thirtieth yeere of Edward the first If doubt arose upon a matter tryable by Record a writ went to the Officers in whose custody the Record remained to certifie the Record as was in the case of Robert Bagot the
M R. S T. JOHN ' S Argument My Lords THE Knights Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the attainting of Thomas Earle of Strafford of High-Treason The Bill hath beene transmitted from them to your Lordships It concernes not him alone but your Lordships and the Commons too though in different Respects It is to make him as miserable a man as man or Law can make him Not losse of life alone but with that of honour name posterity and estate Of all that 's deare to all To use his owne expression an eradication of him both root and branch as an Achan a troubler of the State as an execrable as an accursed thing This Bill as it concernes his Lordship the highest that can be in the penall part so doth it on the other side as highly concerne your Lordships and the Commons in that which ought to be the tendrest the Judicatory within that that judge not them who judge him And in that which is most sacred amongst men the publick Justice of the Kingdome The Kingdome is to be accounted unto for the losse of the meanest member much more for one so neare the head The Commons are concerned in their Account for what is done your Lordships in that which is to be done The businesse therefore of the present Conference is to acquaint your Lordships with those things that satisfied the Commons in passing of this Bill such of them as have come within my capacity and that I can remember I am commanded from the Commons at this time to present unto your Lordships My Lords in Judgements of greatest moment there are but two wayes for satisfying those that are to give them Either the Lex lata the Law already established Or else the use of the same power for making new Lawes whereby the old at first received life In the first consideration of the setled Lawes In the degrees of punishment the positive Law received by generall consent and for the common good is sufficient to satisfie the conscience of the Judge in giving judgement according to them In severall Countreys there is not the same measure of punishment for one and the same offence Wilfull murder in Ireland is Treason and so is the wilfull burning of a house or stack of Corne. In the Isle of Man it 's felony to steale a Hen but not to steale a Horse and yet the Judge in Ireland hath as just a ground to give judgement of high Treason in those Cases there as here to give judgement only of felony and in the Isle of Man of felony for the Hen as here of petty Larceny My Lords in the other consideration of using the Supreame power the same Law gives power to the Parliament to make new Lawes that enables the inferiour Court to judge according to the old The rule that guides the conscience of the Inferiour Court is from without the prescripts of the Parliament and of the Common Law in the other the rule is from within That salus populi be concerned That there be no wilfull oppression of any the fellow members that no more blood be taken than what is necessary for the Cure the Laws and Customes of the Realme as well enable the exercise of this as of the ordinary and judiciall power My Lords what hath beene said is because that this proceeding of the Commons by way of Bill implyes the use of the meere Legislative power in respect new Lawes are for the most part past by Bill This my Lords though just and Legall and therefore not wholly excluded yet it was not the only ground that put the Commons upon the Bill they did not intend to make a new Treason and to condemne my Lord of Strafford for it they had in it other Considerations likewise which were to this effect 1 First the Commons knew that in all former ages if doubts of Law arose upon cases of great and generall Concernment the Parliament was usually consulted withall for resolution which is the reason that many Acts of Parliament are only declarative of the Old Law not introductive of a new as the great Charter of our Liberties the Statute of the five and twentieth yeere of Edward the third of Treasons the Statute of the Prerogative and of late the petition of Right If the Law were doubtfull in this Case they conceived the Parliament where the old may bee altered and new Lawes made the fittest Judge to cleare this doubt 2 Secondly my Lords they proceeded this way to out those scruples and delayes which through dis-use of proceedings of this nature might have risen in the manner and way of proceeding since the Statute of the first of Henry the fourth the seventeenth chapter and more fully in the Roll number 144. The proceedings in Parliament have usually beene upon an Inditement first found though in Cases of Treason particularly mentioned in the Statute of the five and twentieth yeare of Edward the third which had not beene done in this Case Doubts likewise might rise for Treasons not particularly mentioned in the Statute of 25. Edw. 3. whether the declaratory power of Parliament be taken away and if not taken away in what manner they were to be made and by whom They finde not any Attainders of Treason in Parliament for neere this 200 yeeres but by this way of Bill And againe they knew that whatsoever could be done any other way it might be done by this 3 Thirdly in respect of the proofes and depositions that have beene made against him for first although they knew not but that the whole Evidence which hath beene given at the Barre in every part of it is sufficiently comprehended within the Charge yet if therein they should be mistaken if it should prove otherwise use may justly be made of such Evidence in this way of Bill wherein so as Evidence be given in it 's no way requisite that there should have beene any Articles or Charge at all And so in the Case of double Testimony upon the Statute of the first of Edward the sixt whether one direct witnesse with others to Circumstances had beene single or double Testimony and although single Testimony might be sufficient to satisfie private Consciences yet how farre it would have been satisfactory in a judiciall way where forms of Law are more to be stood upon was not so cleare whereas in this way of Bill private satisfaction to each mans Conscience is sufficient although no evidence had been given in at al. My Lords the proceeding by way of Bill it was not to decline your Lordships Justice in the judiciall way In these Exegencies of the State and Kingdome it was to husband time by silencing those doubts they conceived it the speediest and the surest way My Lords These are in effect the things the Commons took into their Consideration in respect of the manner and way of proceeding against the Earle In the next place I am to declare unto your
a levying of War against the King 1 Because the King doth protect and maintaine the Laws in every part of them and the great Officers to whose care he hath in his own steed delegated the Execution of them 2 Because they are the Kings Lawes He is the Fountaine from whence in their severall Channels they are derived to the Subject all our inditements run thus Trespasses laied to be done Contra pacem Domini Regis the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crowne and Dignity My Lords this construction is made good by diverse Authorities of great weight ever since the statute of 25. E. 3. downwards In R. the 2 ds time Sir Thomas Talbot conspired the death of the Dukes of Glocester and Lancaster some other of the Peeres for the effecting of it he had caused diverse people in the County of Chester to be armed in warre-like manner in Assemblies In the Parliament held the seventeenth yeere of Richard the second number the 20. Sir Thomas Talbot accused of high Treason for this It s there declared that insomuch as one of them was Lord high Steward of England and the other high Constable of England that this was done in destruction of the estates of the Realme and of the Lawes of the Kingdome and therefore adjudged Treason and the judgement sent downe into the Kings Bench as appeares in Easter-Tearme in the seventh yeer of Richard the second in the Kings Bench Rott 16. These two Lords had appeared in the eleventh yeere of Richard the second in mainetenance of the Act of Parliament made the yeere before one of them was of the Commissioners appointed by Parliament and one of the Appellours of those that would have overthrowne it The Duke of Lancaster likewise was one of the Lords that was to have beene indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of the lawes This there declared to be a Treson that concerned the Person of the King and the Common-wealth In that great insurrection of the Villains and meaner people in Richard the seconds time they tooke an oath Quod Regi Comunibus fidelitatem servarent to be true to the King and Commons that they would take nothing but what they paid for punished all theft with death here 's no intendment against the person of the King The intent was to abolish the Law of villainage and servitude to burne all the Records to kill the Judges this in the Parliament of the fifth yeere of Richard the second number the one and thirtieth and two and thirtieth the first part is declared to be Treason against the King and against the Law In the eleventh yeere of Richard the second in Parliament the raising of forces against the Commissioners appointed by act of Parliament the yeere before adjudged Treason by all the Judges The Statute of 1. Mar. cap. 12. enacts that if twelve or more shall indeavour by force to alter any of the Lawes or Statutes of the Kingdome hee shall from such a time there limited be adjudged onely as a fellon This act was to continue but to the next Parliament it is expired it shewes by the words onely that the offence was higher before the making of it My Lords In Queene Elizabeths time Grant and divers Prentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloake upon a Pole instead of a banner their intent was to deliver divers Prentices out of prison that had beene committed upon a sentence in Star Chamber for ryots To kill the Lord Major of London and for setting prizes on victuals In Trinity Tearme 37. Eliz. divers of the Judges consulted withall and resolved that this was a levying of warre against the Queene being intended against the government and officers of the Queene and thereupon Grant and others executed as Traitors Afterwards in that Queenes time divers of the County of Oxford consulted together to goe from house to house in that County and thence to London other parts to excite them to take Armes for the throwing in of all inclosures throughout England nothing was done nor no Assembly The Statute of 13. Eliz. cap. 1. during the Queenes life made it Treason to intend or advise to levy war against the Queene In Easter Tearme 39. Eliz. All the Iudges of England met about the case it was resolved by them that this was a warre intended against the Queen they agreed that if it had beene of one Towneship or more upon private interest and claime of right of Common it had not bin Treason But this was to throw in all inclosures thorough the Kingdome wherto these parties could pretend no claime that it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases Upon this Resolution Bradshaw and Burton were executed at Aynestowe hill in Oxford-shire the place where they intended their first meeting So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Governement or any of the great Officers intrusted with the execution of them this is a warre against the King My Lords it will be further considerable what shall be accounted a leavying of warre in respect of the Actions things done There 's a designe to alter some part of the Lawes and present Governement for the effecting thereof people be provided of Armes gathered together into troopes but afterwards match not with Banners displayed nor doe Bellum percutere Whether the arming themselves and gathering together upon this Designe whether this be a warre or such prosecution of the Designe with force as makes it Treason within the Statute First If this be not a Warre in respect that it necessarily occasions hostile preparations on the otherside 2. From the words of the Statute shall levy warre be thereof probably attainted of open Deed by people of their Condition although the bare conspiring be not an open Deed yet whether the arming and drawing men together be not an open Declaration of Warre In Sir Thomas Talbots case before cited in the seventeenth yeere of Richard the second The Acts of force are expressed in the Parliament Roll That he caused divers of the people of the County of Chester to be armed in a war like manner in assemblies heere is no marching no banners displayed In the eighth yeer of Henry the 8th William Bell and Thomas Lacy in Com' Kanc. conspired with Thomas Cheney called the Hermite of the Queene of Fairies to overthrow the Lawes and customes of the Realme and for the effecting of it they with two hundred more met together and concluded upon a course of raising greater forces in the county of Kent and the adjacent Shires this adjudged Treason these were open Actes My Lords for the application of both these to the Case in question
First in respect of the end of it here was a warre against the King It was to subvert the Lawes This being the designe for the effecting of it he assumed to his own person an arbitrary power over the lives liberties and estates of his Majesties Subjects and determined Causes upon paper petitions at his own will and pleasure obedience must be forced by the Army this declared by the Warrant 2 My Lords if it be said That the Warrant expresseth not any intent of subverting the Lawes It expresseth fully one of the principall meanes whereby this was to be done that is obedience to his arbitrary orders upon paper petitions this was done in reference to the maine designe In the Cases of the Towne of Cambridge and Sr. William Cogan that have formerly been cited to your Lordships upon other occasions the things in themselves were not Treason they were not a levying of Warre In that of Cambridge the Town met together and in a forcible manner broke up the University treasury and tooke out of it the Records and Evidence of the liberties of the Vniversity over the Town In the other they of Bridgewater marched to the Hospitall and compelled the Master of the Hospitall to deliver unto them certaine Evidences that concerned the Towne and forced him to enter into a bond of two hundred pound These if done upon these private ends alone had not been Treason as appeares by the very words of the Statute of 25. Edw. 3. before mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the villaines as appeares in the Parliament Roll of the first yeare of Richard the second number the one and thirtieth and two and thirtieth where the Towns of Cambridge and Bridgewater are expresly excepted out of the generall pardon made to the Villaines This being done in Reference to that designe of the villaines of altering the Lawes this was that which made it Treason If the designe went no further then the enforcing obedience to these paper orders made by himselfe It was sufficient it was to subvert one fundamentall part of the Lawes nay in effect the whole Law what use of Law if he might order and determine of mens estates at his own pleasure This was against the Law notoriously declared in Ireland In the close roll in the Tower in the five and twentieth yeere of Ed. 1. a Writ went to the Justices in Ireland that Kingdome at that time was governed by Justices declaring that upon petitions they were not to determine any titles betweene party and party upon any pretence of profit whatsoever to the King 6 In the eight and twentieth yeare of Henry the sixt the second Chapter Suites in equity not before the Deputy but in Chancery Suits at Common Law not before him but in Cases of life in the Kings Bench for title of land or goods in the proper Courts of the Common pleas or Kings Bench. This declared in the Instructions for Ireland in the latter end of King James his time and by the Proclamation in his Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said he should not thus proceed in subversion of it he saith he will and will enforce obedience by the Army This is as much in respect of the end as to endeavour the overthrow of the Statutes of Laborers of victuals or of Merton for Inclosures Here is a warre against the King in respect of the end 2. In respect of the Actions whether there be either a levying of war or an open deed or both My Lords there was an Army in Ireland at that time of two thousand horse and foot by this Warrant there is a full designation of this whole Army and an Assignement of it over unto Savill for this purpose The Warrant gives him power from time to time to take as many souldiers horse and foot with an Officer throughout the whole Army as himselfe shall please heere is the terrour and awe of the whole Army to enforce obedience My Lords if the Earle had armed two thousand men horse and foot and formed them into companies to this end your Lordships would have conceived that this had been a war It 's as much as in the case of Sir Thomas Talbot who armed them in assemblies This is the same with a breach of trust added to it That Army was first raised and afterwards committed to his trust for defence of the people is now destined by him to their destruction This assignation of the Army by his Warrant under his hand seale is an open Act. 2. My Lords heer 's not onely an open act done but a levying of war souldiers both horse and foot with an Officer in warlike manner sessed upon the subject which killed their Cattell consumed and wasted their goods Ob. O but five or sixe were the most imployed at any time a mighty warre of six men scarce a Ryot Ans Your Lordships observe a great difference where six single men goe upon a designe alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the command if upon a poore man fewer more upon a rich if the six had not beene able the whole Army must make it good the reason that the Sheriffe alone or but with one Bayliffe to doe execution is because he hath command of the Law the Kings Writ and the posse Comitatus in case of Resistance heer 's the warrant of the Generall of an Army heer 's the possâ— exercitus the power of the Army under this awe of the whole Army six may force more then sixty without it and although never above six in one place yet in the severall parts of the Kingdome at the same time might be above sixty for sessing of souldiers was frequent it was the ordinary course for execution of his orders The Lord Lievtenant of a County in England hath a designe to alter the Lawes and government nay admit the design goes not so high he onely declares thus much that he will order the freeholds and the estates of the Inhabitants of the County at his owne will and pleasure and doth accordingly proceed upon paper petitions foreseeing there will be disobedience he grants out warrants under his hand and seale to the deputy Lievtenants and Captaines of the traine bands that upon refusall they shall take such number of the traine bands thorow the County with Officers as they shall think good and lay them upon the lands and houses of the refusers Souldiers in a warlike manner are frequently sessed upon them accordingly Your Lordships doe conceive that this is a levying of Warre within the Statute The Case in question goes further in these two respects 1 That it is more against the declared Law in Ireland not only against the Common Law but likewise against the Statute of the eight and
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
being asked by those he spake to how he durst maintaine so bloody an assertion he answered that the matter was not so haynous as was supposed for the King who is the lesser is concluded by the Pope who is the greater and as a Malefactor being condemned before a Temporall Judge may bee delivered over to bee Executed so the King standing convicted by the Popes sentence of excommunication may justly be slaughtered without fault for the killing of the King is the execution of the Popes supreame sentence as the other is the execution of the Law for this judgement of High Treason was given against him and execution done My Lords here is no cleere intent appearing that Owen desired the thing should bee done only Arguments that it might be done This is a compassing there is a cleere Endeavour to corrupt the judgement to take off the bonds of conscience the greatest security of the Kings life God forbid saith one of better judgement than he That I should stretch out my hand against the Lords annointed no saith he the Lord doth not forbid it you may for these reasons lawfully kill the King Hee that denies the Title to the Crown and plots the meanes of setting it upon another head may doe this without any direct or immediate desiring the death of him that then weares it yet this is Treason as was adjudged in 10. Henry 7. in the case of Burton and in the Duke of Norfolks case 13. Elizabeth This is a compassing of his death for there can no more be two Kings in one Kingdome than two Suns in the Firmament he that conceives a title counts it worth ventring for though it cost him his life he that is in possession thinks it as well worth the keeping Iohn Sparhauke in King Henry the fourths time meeting two men upon the way amongst other talk said that the King was not rightfull King but the Earle of March and that the Pope would grant indulgencies to all that would assist the Earles title and that within halfe a yeree there would be no Liveries nor Conizances of the King that the King had not kept promise with the people but had layd taxes upon them In Easter Terme in the third yeere of Henry the fourth in the Kings Bench Rot. 12. this adjudged Treason This denying the title with motives though but implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing the Kings death is declared in the reasons of the judgement That the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against the King that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgement and others which I shall cite to your Lordships It appeares that it is a compassing the Kings death by words to indeavour to draw the peoples hearts from the King to set discord betweene the King and them whereby the people should leave the King should rise up against him to the death and destruction of the King The cases that I shall cite prove not onely that this is Treason but what is sufficient evidence to make this good Upon a Commission held the 18. yeere of Edw. 4. in Kent before the Marquesse of Dorset and others an Inditement was preferred against John Awater of High-Treason in the forme before mentioned for words which are entred in the enditement sub hac forma That he had beene servant to the Earle of Warwicke that though he were dead the Earle of Oxford was alive and should have the government of part of the Countrey That Edward whom you call King of England was a false man and had by art and subtlety slaine the Earle of Warwicke and the Duke of Clarence his brother without any cause who before had beene both of them attainted of High-Treason My Lords this Inditement was returned into the Kings Bench in Trinity Tearme in the eighteenth yeere of Edward the fourth and in Easter Tearme in the two and twentieth yeere of Edward the fourth he was outlawed by the stay of the outlawry so long it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Hober was indited of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had beene in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wels were dead the Archbishop of Canterbury being Cardinall of England would immediately lose his head This inditement was returned into the Kings Bench in Trinity Tearme in the eighteenth yeere of Edward the fourth Afterwards there came a Privy Seale to the Judges to respit the proceedings which as it should seeme was to the intent the Judges might advise of the Case for afterwards he is outlawed of high-Treason upon this inditement These words were thought sufficient evidence to prove these severall Inditements That they were spoken to withdraw the peoples affection from the King to excite them against him to cause risings against him by the people in mortem destructionem of the King Your Lordships are pleased to consider that in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the people to excite them against the King My Lords here are words Counsels more than words and actions too not onely to dis-affect the people to the King but the King likewise towards the people not once but often not in private but in places most publique not by a private person but by a Counsellor of State a Lord Lieutenant a Lord President a Lord Deputy of Ireland 1 To his Majesty That the Parliament had denied to supply him a slander upon all the Commons of England in their affections to the King and Kingdome in refusing to yeeld timely supply for the necessities of King and Kingdome 2 From thence That the King was loose and absolved from rules of government and was to doe every thing that power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in diminution 3 Thence You have an Army in Ireland you may imploy to reduce this Kingdome To counsell a King not to love his people is very unnaturall it goes higher to hate them to malice them in his heart the highest expressions of malice to destroy them by warre These coales they were cast upon his Majesty they were blowne they could not kindle in that brest Thence my Lords having done the utmost to the King hee goes to the people At York the Country being meâ— together for Justice at the open Assizes upon the Bench he tels them speaking of the
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
Parliament binds untill it be repealed It hath been therefore said that this Statute is repealed by the Statutes of the eighth yeere of Edward the fourth the first Chapter and of the tenth yeere of Henry the seventh the two and twentieth Chapter because by these two Satutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the first of Henry the fourth the 10. Chapter saith that in no time to come Treason shall be adjuged otherwise then it was ordained by the Statute of the 25. yeere of Edward the third That the Treason mentioned in the 18 yeere of Henry the sixth in the Irish Satute is not contained in the Statute of the 25 yeere of Edward the 3. and therefore being contrary to the statute of the first of Henry the fourth it must needs be void My Lords the difference of the times wherein the statute of the first yeere of Henry the fourth and that of the 18 yeere of Henry the sixth were made cleare the Point as is humbly conceived that of Henry the sixth was made fourty yeeres after the other The statute of the eighth yeere of Edward the fourth and the tenth of Henry the seventh bringing in the English statutes in order and series of time as they were made one after another as afterwards is proved they did it cannot be that the statute of the first yeere of Henry the fourth made fourty yeere before should repeale or make void the statute of the 18. Henry 6. made so long after The rule of Law is that Leges posteriores priores abrogant that latter lawes repeale former But by this construction a former Law should repeale and make void a Non ens a statute then was not If this were Law then all the statutes that made any new Treason after the first yeere of Henry the fourth were void in the very fabricke and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever hath no power to make any thing Treason not declared to be so in the statute of the five and twentieth yeere of Edward the third This your Lordships easily see would make much for my Lord of Straffords advantage but why the Law should be so your Lordships as yet have onely heard an affirmation of it no reason But some touch was given that this statute of the tenth yeer of H. the seventh in words makes all the Irish statutes void which are contrary to the English The Answer to this is a deniall that there are any such words in the statute This statute declares that the English statutes shall be effectuall and confirmed in Ireland and that all statutes before time made to the contrary shall be revoked this repeales onely the Irish statutes of the tenth yeere of Henry the fourth and the nine and twentieth yeere of Honry the sixth which say that the English statutes shall not be in force in Ireland unlesse particularly received in Parliament It makes all the Irish statutes void which say that the English statutes shall not be in force there It is usuall when a Statute saith that such a thing shall be done or not done to adde further that all statutes to the contrary shall be voide No likeli-hood that this statute intended to take away any statute of Treason When but in the Chapter next before this Murder there is made Treason as if done upon the Kings Person That this statute of the eighteenth yeer of Henry the sixth remains on foot and not repealed either by the Statute of the eighth yeere of Edward the fourth or this of the tenth yeere of Henry the seventh appeares expressely by two severall Acts of Parliament made at the same Parliament of the tenth yeere of Henry the seventh By an Act of Parliament in H. the sixth's time in Ireland it was made Treason for any man to procure a privie Seale or any other Command whatsoever for apprehending any person in Ireland for Treason done without that Kingdome and to put any such Command in execution Divers had been attainted of Treason for executing such Commands Heere is a Treason so made by Act of Parliament in Henry the sixth's time In the third Chapter of this Parliament of the tenth of Henry the seventh an Act is passed for no other end then to repeale this statute of Henry the sixth of Treason If this statute of Henry the sixth of Treason had been formerly repealed by the statute of 8. Edward 4. or then by the two and twentieth Chapter of this Parliament of 10. Henry 7. by bringing in the English statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeale it it being likewise so unreasonable an Act as it was In the eighth Chapter of this Parliament of the tenth of Henry the seventh It is enacted That the statutes of Kilkenny and all other statutes made in Ireland two onely excepted whereof this of the eighteenth of Henry the sixth is none for the Common-weale shall be enquired off and executed My Lord of Strafford saith that the bringing in of the English statutes hath repealed this statute of the eighteenth yeere of Henry the sixth the Act of Parliament made the same time saith no it saith that all the Irish statutes excepting two whereof this is none shall still be in force Object Oh! But how ever it was in 10. H. 7. yet it appeares by Judgement in Parliament afterwards That this statute of the eighteenth yeere of Henry the sixth is repealed and that is by the Parliament of the eleventh yeere of Queene Elizabeth the seventh Chapter That by this Parliament it is enacted that if any man without license from the Lord Deputie lay any Souldiers upon the Kings Subjects if he be a Peere of the Realme he shall forfeit one hundred pounds if under the degree of a Peere 100 markes This statute as is alleadged declares the penalty of laying Souldiers upon the Subjects to bee onely a hundred pounds and therefore it s not Treason Answer My Lords if the offence for which this penalty of one hundred pounds is laid upon the offender be for laying Souldiers or leading them to doe any acts oftensive or invasive upon the Kings people The Argument hath some force but that the offence is not for laying Souldiers upon the true Subjects that this is not the offence intended in the statute will appeare to your Lordships Ex absurdo from the words of it The words are That if any man shall assemble the people of the County together to conclude of peace or warre or shall carry those people to doe any Acts offensive or invasive then he shall forfeit one hundred pounds If concluding of warre and carrying the people to Acts invasive be against the Kings Subjects this is high Treason within the words of the statute of the five and twentieth yeere of Edward the third For if any
same Parliament of the five and thirtieth yeere of Edward the first where the writs went to the Treasurer and Barons of the Exchequer Sometimes they gave judgement here in Parliament and commanded the Judges there in Ireland to doe execution as in the great case of Partition betweene the copartners of the Earle Marshall in the Parliament of the 33. yeere of Edward the first where the writ was awarded to the Treasurer of Ireland My Lords The Lawes of Ireland were introduced by the Parliaments of England as appeares by three Acts of Parliament before cited It is of higher jurisdiction dare Leges then to judge by them The Parliaments of England doe binde in Ireland if Ireland be particularly mentioned as is resolved in the Book case of the first yeere of Henry the seventh Cokes seventh Report Calvins case and by the Judges in Trinity Terme in the three and thirtieth yeere of Queene Elizabeth The Statute of the eighth yeere of Edward the fourth the first Chapter in Ireland recites that it was doubted amongst the judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the third his time downward to the eighth yeere of Queene Elizabeth by which statute it is made felony to carry sheepe from Ireland beyond seas in almost all these Kings reignes there be statutes made concerning Ireland The exercising of the Legislative power there over their lives and estates is higher then of the Judiciall in question Vntill the nine and twentieth yeere of Edward the third erroneous judgements given in Ireland were determinable no where but in England no not in the Parliaments of Ireland as it appeares in the close rolls in the Tower In the nine and twentieth yeere of Ed. the third mem 12. Power to examine and reverse erroneous judgements in the Parliaments of Ireland is granted from hence Writs of errour lie in the Parliament here upon erroneous judgements after that time given in the Parliaments of Ireland as appeares in the Parliament rolls of the eighth yeere of Henry the sixth membra 70. in the case of the Prior of Lenthan It is true the case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appeares by the close rolls in the Tower in the 42. yeere of Edward the 3. membra 20. dorso where the Parliament in Ireland for the preservation of the Countrey from the Irish who had almost destroyed it made an Act that all the land-owners that were English should reside upon their lands or else they were to be forfeited this was here confirmed In the Parliament of the 4. yeere of H. the 5. chap. 6. Acts of Parliament in Ireland are confirmed and some privileges of the Peeres in the Parliaments there are regulated Power to repeale Irish Statutes power to confirme them cannot be by the Parliament here if it hath not cognizance of their Parliaments unlesse it besaid That the Parliament may doe it knowes not what Garnesey and Jersey are under the Kings subjection but are not parcels of the Crown of England but of the dutchy of Normandy they are not governed by the lawes of England as Ireland is and yet Parliaments in England have usually held plea of and determined all causes concerning land or goods In the Parliament of 33. E. 1. there be placita de Insula Iernesey and so in the Parliament 14. E. 2. and so for Normandy and Gascoyne and alwayes as long as any part of France was in subjection to the Crown of England there were at the beginning of Parliaments receivers and tryers of petitions for those parts appointed I beleeve your Lordships will have no cases shewed of any plea to the jurisdiction of the Parliaments of England in any thing done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the case of 19. El. in my Lord Dyer 306. and Judge Comptons book of the jurisdiction of Courts fol. 23. The opinion of both these books is that an Irish Peere is not triable here It 's true a Scotish or French Nobleman is triable here as a common person the Law takes no notice of their Nobility because those Countryes are not governed by the Lawes of England but Ireland being governed by the same Lawes the Peeres there are triable according to the Law of England onely per pares By the same reason the Earle of Strafford not being a peere of Ireland is not triable by the Peeres of Ireland so that if he be not triable here he is triable no where My Lords In case there be a Treason and a Traitor within the statute and that he be not triable here for it in the ordinary way of judicatory if that jurisdiction failes this by way of Bill doth not Attainders of Treason in Parliament are as legall as usuall by Act of Parliament as by Judgement I have now done with the statutes of 25. E. 3 and 18. H. 6. My Lord of Strafford hath offended against both the Kingdomes and is guilty of high Treason by the Lawes of both 5 My Lords In the fifth place I am come to the Treasons at the common Law the endevouring to subvert the fundamentall Lawes and government of the Kingdome and to introduce an arbitrary and tyrannycall government In this I shall not at all labour to prove that the endevouring by words counsells and actions to subvert the Lawes is treason at the common Law if there be any common-Law-treasons at all left nothing treason if this not to make a Kingdome no Kingdome take the politie and government away England's but a peece of earth wherein so many men have their commorancy and abode without rancks or distinction of men without property in any thing further then possession no Law to punish the murdering or robbing one another That of 33 H. 8. of introducing the Imperiall Law sticks not with your Lordships It was in case of an appeal to Rome These appeals in cases of marriages and other causes counted Ecclesiasticall had been frequent had in most Kings reignes been tollerated some in times of popery put a conscience upon them the statutes had limitted the penally to a Premunire only Neither was that a totall subversion only an appeal from the Ecclesiasticall Court here in a single cause to the Court at Rome and if treason or not that case proves not a treason may be punished as a felony a felony as a trespasse if his Majesty so please the greater includes the lesser In the case of Premunire in the Irish reports that which is there declared to be treason proceeded upon onely as a Premunire The thing most considerable in this is whether the treasons at common Law be taken
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