said probably Attainted the same is a great error For the words of the Record are Et de ceo PROVABLEMENT soit Attaint And shall be thereof PROVABLY Attaint And I cannot but admire that such a Gross mistake should be suffered since my Lord Coke has so expresly observed the difference in these words following 3 Instit fol. 12. In this Branch says he four things are to be observed 1. This word Provablement Provably that is upon direct and manifest proof not upon Conjectural presumptions or Inferences or strains of Wit but upon good and sufficient proof And herein the Adverb Provablement provably hath a great force and signifieth a direct and plain proof which word the King the Lords and Commons in Parliament did use for that the offence was hainous and was so heavily and severely punished as none other the like and therefore the offender must Provably be Attainted which words are as forcible as upon direct and manifest proof Note the word is not Probably for then Commune Argumentum might have served but the word is Provably be Attainted Secondly This word Attaint necessarily implyeth that he be proceeded with and Attainted according to the due Course and proceedings of Law and not by Absolute power or by other means as in former times had been used And therefore if a Man doth adhere to the Enemies of the King or be slain in open War against the King or otherwise die before the Attainder of Treason he forfeiteth nothing because as this Act saith he is not Attainted wherein this Act hath altered that which before this Act in Case of Treason was taken for Law And the Statute of 34 E. 3. Cap. 12. saves nothing to the King but that which was in Esse and pertaining to the King at the making of that Act. And this appeareth by a Judgment in Parliament in Ann. 29. H. 6. Cap. 1. That Jack Cade being slain in open Rebellion could no way be punished or forfeit any thing and therefore was Attainted by that Act of High Treason Thirdly Of open Deed per Apertum Factum these words strengthen the former Exposition of Provablement an Overt Act must be alledged in every Indictment upon this Act and proved Compassing by bare words is not an Overt Act as appears by many Temporary Statutes against it But there must be some open Act which must be manifestly proved As if divers do Conspire the Death of the King and the manner how and thereupon provide Weapons Powder Poison Harness send Letters or the like for the Execution of the Conspiracy If a Man be Arraigned upon an Indictment of High Treason and stand Mute that is refuse to Plead he is not to be Pressed to death but shall have the same Judgment and incurr such forfeiture as if he had been Convicted by Verdict or had confessed it For this standeth well with this word Provablement for fatetur facinus qui judicium fugit But otherwise it is in case of Petit Treason Murder or other Felony If a Subject Conspire with a Forreign Prince to Invade the Realm by open Hostility and prepare for the same by some Overt Act this is a sufficient Overt Act for the death of the King Fourthly The Composition and Connexion of the words are to be observed viz. Thereof be Attainted by open Deed This as was resolved by the Justices in Easter Term 35 of Eliz. relateth to the several and distinct Treasons before expressed and specially to the Compassing and Imagination of the death of the King c. for that is a secret in the Heart and therefore one of them cannot be an Overt Act for another as for example A Conspiracy is had to Levy War this as hath been said and so resolved is no Treason by this Act until it be levied therefore it is no Overt Act or manifest proof of the Compassing the Death of the King within this Act for the Words are de ceo c. thereof that is of the Compassing of the death Divers latter Acts of Parliament have Ordained That compassing by bare Words or Sayings should be Treason but are all either Repealed or Expired except only that of the 12 Car. 2. herein after recited which is only to be in force during the Life of his present Majesty whom God preserve And it was wont to be said bare Words may make an Heretick but not a Traitor without an Overt Act. And the Wisdom of the Makers of this Law would not make Words only to be Treason seeing such variance commonly amongst the Witnesses is about the same as few of them agree together But if words be set down in Writing by the Delinquent himself That is a sufficient Overt Act within this Statute In the Preamble of the Statute of 1 Mar. concerning the Repeal of certain Treasons declared after this Statute of the 25. of Edw. 3. and before that time and bringing back all things to the measures of this Statute It is agreed by the whole Parliament That Laws justly made for the preservation of the Common-wealth without extream punishment are more often obeyed and kept than Laws and Statutes made with great and extream punishments And in special such Laws and Statutes so made whereby not only the ignorant and rude unlearned People but also learned and expert People minding honesty are oftentimes trapped and snared yea many times for Words only without other Fact or Deed done or perpetrated Therefore this Act of 25 Edw. 3. doth provide that there must be an Overt Act. But words without any Overt Act are to be punisht in another degree as an high Misprision By People of their condition That is per Pares by their Equals 7. As to Treason by Levying War against the King we must note that thô Conspiring or Compassing to Levy War without a War de Facto be no Treason yet if many Conspire a War and only some few Actually Levy it all are guilty of the Treason Raising a Force to burn or throw down a particular Inclosure is only a Riot but if it had been to have gone from Town to Town to throw down all Inclosures or to change Religion or the like it were Levying of War because the intended mischief is Publick Holding a Fort or Castle against the Kings Forces is Levying of War 8. As touching the Interpretative Treasons by Killing the Chancellor Treasurer Justice of one or the other Bench Justice in Eyre or of Assize or Oier and Terminer Note 1. This extends but only to the Persons here named not to the Lord Steward Constable or Marshal or Lords of Parliament Secondly It extends to those only during their Office Thirdly It extends only to Killing not Wounding without Death But by the Stat. 3 H. 7. C. 14. Compassing to Kill the King or any of his Council is made Felony 9. Counterfeiting the Great or Privy Seal is Treason but it must be an Actual Counterfeiting thereof Compassing to do it is no Treason Affixing the Great Seal by
Speech and all other Privledges whatsoever as they had before the making of this Act any thing in this Act to the contrary thereof in any wise notwithstanding 7. Provided always and be it ordained and enacted That no Peer of this Realm shall be Tryed for any Offences against this Act but by his Peers 2. And further that every Peer who shall be Convicted of any Offence against this Act after such Conviction be disabled during his Life to sit in Parliament unless His Majesty shall graciously be pleased to pardon him 3 And if His Majesty shall grant his Pardon to any Peer of this Realm or Commoner Convicted of any Offence against this Act after such Pardon Granted the Peer or Commoner so pardoned shall be Restored to all Intents and purposes as if he had never been Convicted any thing in this Law to the contrary in any wise uotwithstanding Notes THough the wisdom of our Legislators is not generally for bringing words within the compass of Treason yet upon emergent occasions it has been done but then with a Temporary Limitation as by the Statute 13. Eliz. here referred unto during the Life of that Queen In imitation whereof this present Act is made to remain in force during only the Life of our present Soveraign King Charles the Second And the reasons for making this Temporary Law are assigned in the preamble This Statute makes three sorts of Offences Some High Treason some that disable and in capacitate from holding any place or Office and some that are punishable by Premunire As to the first 't is hereby declared to be High Treason during the Life of his present Majesty 1. Within or without the Realm to compass or in tend the Death Destruction Maim Wounding Imprisonment or Restraint of the King 2. Or to deprive or depose him or Levy War against him within the Realm or without to stir up Forreigners to invade the Realm If such Compassings or Intentions be expressed uttered or declared by any Printing Writing Preaching or malitious and advised speaking Being legally Convicted thereof upon the Oaths of two lawful and CREDIBLE Witnesses By which words the Statute seems to injoin and require some more than Ordinary Scrutiny into the Credit of the Witnesses for otherwise Legal had been enough and so is every man not Convict of Perjury but Witnesses in this Case must not be only Legal but Credible not infamous scandalous or suspected As to the second Maliciously and advisedly to publish or affirm during his present Majesties Life that the King is an Heretick or a Papist or that he endeavours to introduce Popery Or maliciously and advisedly by Writing Printing Preaching or speaking to utter express or declare any Words Sentences or thing to stir up the people to hatred or dislike of the Person of His Majesty or the establisht Government Whoever is legally Convicted of any of these Crimes shall be disabled to hold any place Office or promotion Ecclesiastical Civil or Military And besides be liable to such punishments as by the Common Laws or Statutes may be inflicted As to the third to declare publish or affirm first that the Old long Parliament of 40 is not dissolved or ought to be in being Secondly That there lies any obligation on ones-self or any other person from any Oath Covenant or Engagement to endeavour a change of Government either in Church or State Thirdly that either or both Houses of Parliament have a Legislative power without the King or any other words to the same effect The person so offending shall incur the penalty of a Premunire which by the Statute of 16 Rich. 2 Cap. 5. here referr'd unto is this viz. To be put out of the Kings Protection their Lands and Tenements goods and Chattels Forfeited to the King and their bodies to be seized c. But in this Act of the 13 Caroli there are these Proviso's 1. As for the two last Sorts of Offences that are not Treason none shall be prosecuted but by order of the King under his Sign Manual or of the privy Council 2. As for the crimes made Treasons none shall be Indicted or Convicted unless they be ACCVSED by two Lawfull and Credible Witnesses touching the Addition of the word Credible to Lawfull which is here again repeated we have spoken before But must here further observe 1. That by these express words this Statute provides that no man shall be Indicted that is have a Bill found against him upon this Statute for Treason unless he be Accused that is unless the matter be sworn against him before the Grand Jury by two not only Lawful but CREDIBLE Witnesses for the words are not only he shall not be Convicted which is the work of the Petty Jury or Jury of Life and Death as 't is commonly called But he shall not be Indicted which is the business of the Grand Jury And therefore Grand-Juries besides their general and ordinary Right and power by Law have when any person is Indicted upon this Statute a special right and direction from the Act it self to Examine and be well satisfied in the Credibility of the Witnesses which if duly considered would perhaps much mitigate the Clamours lately raised against some Juries for their Returning some Bills before them Ignoramus though the matters therein were roundly sworn unto by Legal but probably in their esteem and Judgment as they were upon their Oaths not sufficiently Credible Witnesses especially when their Stories were no less Incredible than their persons Secondly Note that as a person cannot be Convicted or Indicted so neither can he be so much as Committed for any Offence made Treason by this Act by or upon the Oaths of any single Witness though there should be never so much presumption that more may come in against him before he be brought to Trial for the words are Vnless he be thereof accused by the Testimony and deposition of Two Lawful and Credible Witnesses which Witnesses at his Arraignment shall be brought before him face to face c. So that 't is evidently intended the original accusation before the Justice or Magistrate that shall Commit the person must be by two such Witnesses and that the same two Witnesses and not others leaving them that first charged him out though yet others no doubt may be added to them must give Evidence to the Grand Jury and at â—is Trial. 3. There is in this Act a third proviso that no person shall incur any the Penalties in this Act mentioned unless 1. He be Prosecuted that is charged before a Magistrate or Committed within six Months after the Offence Committed Secondly and unless he be Indicted thereupon within three Months after such Prosecution So that if in either of these Respects the time be elapsed the Grand Jury ought not to find the Bill 4. Provided this Act shall not infringe the Priviledges or Freedom of Debates in either of the Houses of Parliament or any Committee of them 5. That a Peer
when they had them best 2. And if any Statutes have been made by Us and our Ancestors or any Customs brought in contrary to them or any manner of Article contained in this present Charter We Will and grant that such manner of Statutes and Customs shall be void and frustrate for evermore CHAP. V. Pardon granted to certain Offenders MOreover we have pardoned Humphrey Bohun Earl of Hereford and Essex Constable of England Roger Earl of Norfolk and Suffolk Marshal of England and other Earls Barons Knights Esquires and namely John de Ferrariis with all other being of their Fellowship Consederacy and Bond and also of other that hold 20 l. Land in our Realm whether they hold of us in Chief or of others that were appointed at a day certain to pass over with us into Flanders the Rancour and Evil will born against us and all other Offences if any they have committed against us unto the making of this present Charter CHAP. VI. The Curse of the Church shall be Pronounced against the Breakers of this Charter ANd for the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall read this present Charter in Cathedral Churches twice in the Year and upon the Reading thereof in every of their Parish-Churches shall openly Denounce accursed all those that willingly do procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witness of which thing we have set our Seal to this present Charter together with the Seals of the Archbishops Bishops which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all Causes and Articles and shall extend their faithful Aid to the keeping thereof c. The Comment THe word Tallage is derived from the French word Tailler to share or cut out a part and is Metaphorically used for any Charge when the King or any other does cut out or take away any part or share out of a Mans Estate and being a general word it includes all Subsidies Taxes Tenths Aids Impositions or other Charges whatsoever The word Maletot signifies an Evil that is an unjust Toll Custom Imposition or Sum of Money The occasion of making this Statute was this King Edward being injured by the French King resolves to make War against him and in order thereunto requires of Humphrey le Bohun Earl of Hereford and Essex and Constable of England and of Roger Bigot Earl of Norfolk and Suffolk and Marshal of England and of all the Earls Barons Knights Esquires and Freeholders of 20 l. Land whether they held of him in Capite to contribute towards such his expedition that is to go in Person or find sufficient Men in their places in his Army which the Constable and Marshal and many of the Knights and Esquires and especially this John Ferrers taking part with them and all the Freemen stoutly denyed unless it were so ordained and determined by common consent in Parliament according to Law And it seems the contest grew so hot that Baker's Chronicle Folio 99. relates a strange Dialogue that pass'd between them viz. That when the Earl Marshal told the King That if his Majesty pleased to go in Person he would then go with him and march before him in the Van-Guard as by right of Inheritance he ought to do but otherwise he would not stir the King told him plainly he should go with any other though he went not in Person I am not so bound saith the Earl neither will I take that Journey without you The King swore By God Sir Earl you shall either go or Hang And I swear by the same Oath said the Earl I will neither go nor Hang. And so the King was forc'd to dispatch his expedition without them And yet saith my Lord Coke altho the King had conceived a deep displeasure against the Constable Marshal and others of the Nobility Gentry and Commons of the Realm for denying that which he so much desired yet for that they stood in defence of their Laws Liberties and free Customes the said King Edward the First who as Sir William Herle Chief Justice of the Common-Pleas who lived in his time and served him said in the time of King Edward the 3d. was the wisest King that ever was did after his return from beyond the Seas not only consent to this Statute whereby all such Tallages and Impositions are forbidden for the future but also passes a Pardon to the said Nobles c. of all Rancour Ill-will and Transgressions If any they have committed which last words were added lest by acceptance of a Pardon of Transgression they should implicitely confess that they had Transgressed so careful were the Lords and Commons in former times to preserve the Ancient Laws Liberties and free Customs of their Country But note these words Si quas fecerint If any they have committed are left out in all the Printed Books of Statutes but they are in this Statute recited by Coke in his second Book of Institutes Fo. 535. and specially noted which he would never have done if it had not been so in the Rolls And since 't is probable them may be many more like Omissions Mistakes or Falsifications crept into the Prints and for that the Râ—â—â—â—d not the printed Satute-Book varying from the Records is the Law It were to be wished that all the Rolls of Acts of Parliament were carefully by some Persons of Learning and Integrity view'd and Compared with the Prints and notice taken of all such Varâ—â—tions and of Errors committed in the Translations and of any Statutes of a publick Import if in force that were never printed and the same to be made publick Anno 25 Edw. 3. CAP. II. A Declaration what Offences shall be adjudged Treason WHereas diverse opinions have been before this time in what Case Treason shall be said and in what not 2. The King at the Request of the Lords and of the Commons hath made a declaration in the manner as hereafter followeth that is to say When a Man doth Compass or Imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir 3. Or if a man do violate the Kings Companion or the Kings Eldest Daughter unmarried or the Wife of the Kings Eldest Son and Heir 4. Or if a Man do Levy War against our Lord the King in his Realm or be Adherent to the Kings Enemies in his Realm giving them Aid and Comfort in the Realm or elsewhere and thereof be provably Attainted of open Deed by the People of their Condition 5. And if a Man Counterfeit the Kings Great or Privy-Seal or his Money 6. And if a Man bring false Money into this Realm Counterfeit to the Money of England as the Money called Lushburgh or other like to the said Money of England knowing the Money to be false to Merchandise
or make payment in deceit of our said Lord the King and of his People 7. And if a Man Slay the Chancellor Treasurer or the Kings Justice of the one Bench or the other Justices in Eyre or Justices of Assize and all other Justices Assigned to Hear and Determine being in their Places doing their Offices 8. And it is to be understood that in the Cases above rehearsed that ought to be judged Treason which extends to our Lord the King and of his Royal Majesty 9. And of such Treason the Forfeiture of the Escheats pertaineth to our Lord as well of the Lands and Tenement holden of other as of himself 10. And moreover there is another manner of Treason that is to say when a Servant slayeth his Master or a Wife her Husband or when a Man Secular or Religious slayeth his Prelate to whom he oweth Faith and Obedience 11. And of such Treason the Escheats cught to pertain to every Lord of his own Fee 12. And because that many other like Cases of Treason may happen in time to come which a man cannot think nor declare at this present time it is Accorded That if any other Case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason till the Cause be shewed and declared before the King and his Parliament whether it ought to be judged Treason or other Felony 13. And if percase any Man of this Realm Ride Armed covertly or secret with Men of Arms against any other to Slay him or Rob him or Take him or Retain him till he hath made Fine or Ransome for to have his deliverance it is not the mind of the King nor his Council that in such Case it shall be judged Treason but shall be judged Felony or Trespass according to the Laws of the Land of old time used and according as the Case requireth 14. And if in such Case or other like before this time any Justices have judged Treason and for this cause the Lands and Tenements have come into the Kings hands as forfeit the chief Lords of the Fee shall have the Escheats of the Tenements holden of them whether that the same Tenements be in the Kings hands or in others by Gift or in other manner 15. Saving always to our Lord the King the Year and the Waste and the sorfeitures of Chattels which pertain to him in the Cases above named 16. And that the Writs of Scire Facias be granted in such Case against the Land-Tenants without other Original and without allowing any Protection in the said Suit 17. And that of the Lands which be in the Kings hands Writs be granted to the Sheriffs of the Counties where the Lands be to deliver them out of the Kings hands without delay The Comment TReason is derived from Trabir which signifies Treacherously to betray when it concerns the Government and the Publick 't is called High Treason but against particular Persons as a Wife killing her Husband a Servant his Master c. it is Petty Treason High Treason in the Civil Law is called Crimen Laesae Majestatis a Crime wronging Majesty but in our Common-Law-Latine Alta proditio and in an Indictment for this offence the word Proditorie must be in Before the making this Act so many things were charged as High Treason That no Man knew how to behave himself Now by this Statute the particulars of that Grand Crime are reckoned up and all others excluded till declared by Parliament And the settling of this Affair was esteemed of such Importance to the Publick-Weal That the Parliament wherein this Act passed was called long after Benedictum Parliamentum the Blessed Parliament The substance of this Statute is branched out by my Lord Cook 3d. part of Instit. Fol. 3. into six Heads viz. The first concerning Death by compassing or imagining the death of the King Queen or Prince and declaring the same by some Overt Deed. By killing and murdering of the Chancellor Treasurer Justices of either Bench Justices in Eyre Justices of Assize Justices of Oier and Terminer In their Places doing their Offices The second is to Violate that is to Carnally know the Queen the Kings Eldest Daughter unmarried the Princes Wife The third is Levying War against the King The fourth is Adhering to the Kings Enemies within the Realm or without and declaring the same by some overt Act. The fifth is Counterfeiting of the Great the Privy Seal or the Kings Coin The sixth and last by bringing into this Realm Counterfeit Mony to the likeness of the Kings Coin Now as to the particular Exposition of the several parts of this Statute 1. When a man doth compass c. in the Original it is Quant Home which extends to both Sexes but one that is Non compos mentis or an Infant within the Age of discretion is not included but all Allens within the Realm of England being thereby under the Kings Protection and owing a Local Allegiance if they commit Treason may be punisht by this Act but otherwise it is of an Enemy 2. To compass and Imagine Is to contrive design or intend the death of the King but this must be declared by some Overt Act. But declaring by an open Act a design to Depose or Imprison the King is an Over Act to manifest the compassing his death For they that will depose their King will not stick to Murder him rather than fail of their end and as King Charles the First excellently observed and lamentably experienced There are commonly but few steps between the Prisons and the Graves of Princes 3. By the word King is intended 1. A King before his Coronation as soon as ever the Crown descends upon him for the Coronation is but a Ceremony 2. A King de Facto and not de Jure is a King within this Act and a Treason against him is punishable thô the Right Heir get the Crown 3. A Titular King as the Husband of the Queen is not a King within this Act but the Queen is for the word King here includes both Sexes 4. What is to be understood by the Kings Eldest Son and Heir within this Act I answer 1. A second Son after the death of the first Born is within the Act for he is then Eldest Secondly The Eldest Son of a Queen Regnant is as well within the Statute as of a King Thirdly The Collateral Heir Apparent or Presumptive is not within this Statute Roger Mortimer Earl of March was in Anno Dom. 1487. 11 Rich. 2. Proclaimed Heir Apparent Anno 39. Hen. 6. Richard Duke of York was likewise Proclaimed Heir Apparent and so was John de la Poolen Earl of Lincoln by Rich. 3. And Henry Marquess of Exeter by King Henry the 8. But none of these or the like are within the Purview of this Statute saith my Lord Coke 3 Instit fol. 9. 5. Note Whereas in the Printed Statute-Books it is there
the Chancellor without Warrant is no Treason Fixing a new Great Seal to another Patent is a great Misprision but no Treason being not a Counterfeiting within this Act But Aiders and Consenters are within this Act. The Counterfeiting of the Privy Signet or Sign Manual is no Treason within this Act but made by the Statute 1. Mar. c. 6. 10. Treason concerning Coin is either Counterfeiting the Kings Coin and this was Treason at Common Law and Judgment only as of Pettit Treason but Clipping c being made Treason by subsequent Statutes the Judgment is to be Drawn Hang'd and Quarter'd Money here extends only to the Proper Money of this Realm But now by the 1. M. c. 6. Forging or Counterfeiting Money made current by Proclamation is High Treason and by 14. Eliz. c. 3. Forging of Forreign Coin not current here is Misprision of Treason in the Forgers their Aiders and Abettors And not that the bare Forging of the Kings Coin without Uttering is Treason The second Offence concerning Money here declared to be Treason is If any person bring into this Realm Counterfeit Money Where note 1. It must be Counterfeit 2. Counterfeited to the similitude of English Money 3. It must be brought from a Forreign Realm and therefore not from Ireland 4. It must be brought knowingly 5. Brought and not barely uttered here But by the Statute De Moneta if false or clipt money be found in a persons hands and he be suspitious he may be Arrested till he can clear himself 6. He must merchandize therewith that is make payment thereof 11. As this Statute leaves all other doubtful matters to be declared Treason in Parliameâ—t but not to be punish'd as such till so declared So in succeeding Kings Reigns abundance of other matters were declared Treason which being found very grievous and dangerous by the Statute of 1 Mar. Cap. 1. it is Enacted That thenceforth no Act Deed or Offence being by Act of Parliament or Statute made Treason Petty Treason or Misprision of Treason by Words Writing Ciphering Deeds or otherwise however shall be taken had Deemed or Adjudged to be High-Treason Petty Treason or Misprision of Treason but only such as be declared and expressed to be Treason Petty Treason or Misprision of Treason by this Statute of the 25. Edw. 3. 12. The Offences made High Treason by Statutes since this first of Mary are as follow Refusing the Oath of Supremacy upon second Tender is Treason by 5. Eliz. Cap. 1. but no Corruption of Blood so likewise is Extolling the Power of the Bishop of Rome a Premunire and the bringing in of Bulls or putting them in Execution or Reconciling to the Church of Rome is Treason by the same Statute Bringing in Dei's is a Premunire 23. Eliz. C. 1. Also absolving Subjects from their Obedience or Reconciling them to the Obedience of Rome is Treason 27. Eliz. Cap. 2. So is it likewise for a Priest coming into England not submiting in two days The like for English men in Forreign Seminaries But Besides these Old Treasons since the happy Retâ—uration of His Majesty The zealous regards his Subjects in Parliament had for the safety of his Sacred Person and Government thought sit to prefer and make the Statute following Anno Regni Car. 2. Regis decimo tertio CAP. I. An Act for Safety and Preservation of His Majesties Person and Government against Treasonable and Soditious Practises and Attempts THe Lords and Commons Assembled in Parliament deeply Weighing and Considering the Miseries and Calamities of well high twenty years before your Majesties Happy Return and withâ—l Reflecting on the Causes and Occasions of so great and diplorable Confusions do in all humility and thankfulness acknowledge your Majesties incomparable Grace and Goodness to your People in your Free and General Pardon Indempnity and Oblivion by which roar Majesty hath been pleased to deliver your Subjects not only from the Punishment but also from the Reproach of their former Miâ—carringes which unexempted Piety and Clemency of your Majestie hath Enflamed the Hearts of us your Subjects with an ardent desire to express all possible Zeal and Duty in the Care and Preservation of your Majesties Person in whose Honour and Happiness consists the good and welfare of your people and in preventing as much as may be all Treasonable and Sedititious Practises and Attempts for the time to come 2 And because the Growth and Increase of the late Troubles and Disorders did in a very great measure proceed from a multitude of Seditious Sermons Pamphlets and Speeches daily Preached Printed and Published with a Transcendent boldness defaming the Person and Government of your Majesty and your Royal Father wherein men were too much Encouraged and above all from a wilful mistake of the Supream and Lawful Authority whilst men were forward to cry up and maintain those Orders and Ordinances Oaths and Covenants to be Acts Legal and Warrantable which in themselves had not the least Colour of Law or Justice to support them from which kind of Distempers as the present Age is not wholly freed so Posterity may be apt to Relapse into them if a timely Remedy be not provided 3 We therefore the Lords and Commons in Parliament Assembled having duly considered the Premisses and Remembring that in the thirteenth year of the Reign of Queen Elizabeth of ever blessed Memory a right good and profitable Law was made for Preservation of Her Majesties Person do most humbly beseech your most Excellent Majesty that it may be Enacted 4 And be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by Authority of the same That if any Person or Persons whatsoever after the four and twentieth day of June in the year of our Lord one thousand six hundred sixty and one during the Natural Life of our most Gracious Soveraign Lord the King whom God Almighty Preserve and Bless with a Long and Prosperous Reign shall within the Realm or without Compass Imagine Invent Devise or intend Death or Destruction or any Bodily Harm tending to the Death or Destruction Maim or Wounding Imprisonment or Restraint of the Person of the same our Soveraign Lord the King 5 Or to deprive or depose him from the Style Honour or Kingly Name of the Imperial Crown of this Realm or of any other His Majesties Dominions or Countries 6 To Levy War against His Majesty within this Realm or without 7 Or to move or stir any Forraigner and Strangers with force to Invade this Realm or any other His Majesties Dominions or Countries being under His Majesties Obeysance 8. And such Compassings Imaginations Inventions Devices or Intentions or any of them shall express utter or declare by any Printing Writing Preaching or malicious and advised Speaking being Lawfully Convicted thereof upon the Oaths of two Lawful and Credible Witnesses upon Tryal or otherwise Convicted or Attainted by due Course of Law then every