Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	henry_n	king_n	law_n	2,736	5	4.6988	4	false

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

Rebels power Tumults in that Realm he could not conveniently undergo So I humbly pray on the behalf of the King Kingdome Parliament and our whole English Nation to all which he hath been such a capital Traytor and Enemy that this Plea of his may presently be over-ruled and himself brought to his speedy Tryal Iudgement and execution for his unparallel'd Treasons and the blood of those many thousands of innocent English Protestants shed in Ireland upon this occasion which cries for Justice and Execution against him without further delay The rather because nulli differemus Justiciam is one clause of that very Act of Magna Charta ca. 29. which he hath pleaded in bar of his Tryal of which I pray both he and the whole Kingdom may now enjoy the benefit by his undelayed Tryal and execution too in Case he shall be found guilty of the Treasons for which he stands indicted of which there is little doubt since so fully confessed by himself in a writing under his own hand and we are ready to make them good against him as we have already done against his Confederate Mac-Mahon by the Testimony of a clowd of honorable pregnant witnesses in case he shall deny it After two Arguments at the Bar on both sides of this Case Justice Bacon argued it himself and delivered his opinion and judgement against the Prisoners plea that though he be a Baron of Ireland yet he was triable for his Treason by a Middlesex Jury in the Kings Bench and outed of his Peerage by 35 H. 8. c. 2. Which Iudgement was approved by this Order of both Houses of Parliament Die Lunae 10 Febr. 1644. Ordered by the Lords and Commons in Parliament assembled That the said Houses do approve of the judgment given by Master Justice Bacon in over-ruling the Plea of the Lord Magwire and of the manner of the Tryal by the Indictment of High Treason in the Kings Bench And the Judge is hereby required to proceed speedily thereupon according to Law and Iustice John Brown Cler. Parl. Henry Elsing Cler. Parl. D. C. Upon which on Monday Febr. 10. 1644. he was brought from the Tower of London to the Kings Bench Bar there arraigned where putting himself upon his trial he challenged 23 of the Jury which appeared peremptorily Whereupon a Distring as was awarded to the Sheriff of Middlesex to retorn Quadrag●nta Tales the next day of whom he challenged 12 more peremptorily And being tryed by twelve of the residue retorned against whom he had no legal exception nor challenge he was upon his own Confessions and pregnant evidence of 15 Witnesses Persons of Quality found guilty of the Treasons for which he was indicted and thereupon Febr. 11. was adjudged tobe drawn to Tyburn and there hanged by the Neck and cut down alive and then his Bowels to be taken out and there burnt before his Face his Head to be cut off and his body to be divided into four Quarters and then to be disposed as the Parliament shall appoint Which was accordingly executed the 20th of Febr. Even so let all such perfidious bloody Traytors perish TO fill up the vacant pages of this Sheet I shall annex this one Record and also one Irish Act being both very pertinent to my Argument Pat. 1 E. 1. m. 20. Hibernia Venerabili in Christo Patri eadem gratia Midden Episcopo Dilectis fidelibus suis Mauricio filio Mauricii Justiciario suo Hibern et Magistro Johanni de Saumford Escaetori suo Hibern salutem Cum de●uncto jam celebris memoriae Domino H. Rege pa●re nostro cujus animae propicietur altissimus ad nos Regni Angliae gubernacu● et terrae Hibern Dominium per●ineant ob quod Praelati Comites Pro●eres as Communit●s Regni nostri nobis tanquam Domino suo ligio et Regi fidelitat●s Juramentum omnia alia quae nobis rations Coronae dignitatis Regiae ab ipsis fieri praestari nobis in absentia nostra poterunt plenariè sine omissione aliqua prompto liben●i animo praestiter int Ac Archiepiscopi Episcopi Abbates Priores Comites Barones Milites libere tenentes ac tota Communi as terrae nostrae Hiberniae nobis tanquam * Regi Domino suo ligio consimile sacramentum fidelitatis praest are teneantur Dedimus vobis potestatem recipiendi nomine nostro fidelitatem ipsorum Ita tamen quod si vos omnes interesse nequiveritis tune duo vel unus ●estrum qui praesens fuerunt nichilominus plenariam habeat potestatem rec●p●endi nomine nostr● fidelitatem ipsorum in forma praedict● Et ideo vobis mandamus quod fidelitatem praedictam nomine nostro recipiatis prout melius videbitis expedire In cuju● c. Dat. per manum W. de Merton C●nc apud Westm. VII die Decembris 33 H. 8. c. 1. made in Ireland An Act that the King and his Successors to be Kings of IRELAND FOrasmuch as the King our most gracious dread soveraign Lord his Graces mostnoble progenitors Kings of England have been Lords of this Land of Ireland having all manner kingly jurisdiction power preeminences and authority royal belonging or appertaining to the royal Estate and Majesty of a King by the name of Lord of Ireland where the Kings Majestie and his noble Progenitors justly and rightfully were and of right ought to be Kings of Ireland and so to be reputed taken named and called and for lack of naming the Kings Majesty and his noble Progenitors Kings of Ireland according to their said true and just Title Stile and Name therein hath been great occasion that the Irishmen and Inhabit ants within this Realm of Ireland have not been so obedient to the Kings Highness and his most noble Progenitors and to their Laws as they of right and according to their allegiance and bounden duties ought to have been Wherefore at the humble pursute petition and request of the Lords spiritual and temporal and other the Kings loving faithfull and obedient Subjects of this Land of Ireland and by their full assents Be it enacted ordained and esta blished by this present Parliament● That the Kings Highnesse his Heirs and Successors Kings of England be alwaies Kings of this Land of Ireland and that his Majesty his heirs and Successors have the name stile title and honor of King of this Land of Ireland with all manner of honors preheminences prerogatives dignities and other things whatsoever they be to the Estate and Majesty of a KING appertaining or belonging and that his Majesty his Heirs and Successors be from henceforth named called accepted reputed and taken to be Kings of the Land of Ireland to have hold and enjoy the said stile title majesty and honors of the King of Ireland with all manner preheminence prerogative dignities and all other the premises unto the Kings Highnesse his Heirs and Successors for ever as united and knit to the Imperial Crown of

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

Peers Therfore such a Trial shall not nor can be had or admitted now 3ly Because neither the Kings Bench nor the Commissioners before whom the Statute limits these forein Treasons to be tryed nor yet the High Steward of England if any such should be created have any power or jurisdiction to summon a Jury of Peers out of Ireland to appear before them here in England upon such a Tryal as this neither are the Peers of Ireland bound by any Law to appear or attend as Peers on any such service or tryal here being Peers bound to service as Peers which their Patents express only in Ireland and no Peers here Therefore a Tryal by his Irish Peers here in England is an impossibility as well as illegality 4ly Admit a Jury of Peers might be summoned and sent from thence yet it would be a great delay of Justice it requiring a long time to procure a full appearance of Peers thence yea a betraying of Ireland to the Rebels at this instant to send for so many Protestant indifferent Peers now from thence as might serve to try him here Moreover it would be an infinite expence charge trouble besides the danger by Sea to summon a Jury of Peers from thence and if they failed to appear in England upon summons as is probable they would and lawfully might they being not bound to it by any Law and so no fine certain to be set upon them for not appearing nor legal means of coercion to compell them to come over upon such a Tryal there should be a fayler of Justice for want of such a Peerage And therefore no such Tryal may or can be expected which would delude and nul this Law 5ly This Statute directs the Tryal of forein Treasons in express terms to be before the Judges in the Kings Bench or the Commissioners appointed by the King in any County of this Realm Now no Tryal by English or Irish Peers was ever heatd of either in the Kings Bench or before such Commissioners But it alwaies hath been and ought to be either in the house of Peers in Parliament or before the Lord High Steward of England as all former Presidents accord and 15 E. 3. c. 2. 1 H. 4. 1. 10 E. 4. 6. b. 13 H 8. 12. Brook Treason 29 33. Cooks 3 Institutes c. 1. 2. p. 28 29 30. 4 E. 3. rot Parl. n. 1. 50 E. 3. rot Parl. n. 21 to 31. 34. 7 R. 2. n. 15. to 24. 10 R. 2. n. 6. to 18. 11 n. 2. n. 6 7. 14 R. 2. n. 14. 21 R. 2. n. 12 to 17. Placita Coronae coram dom Rege in Parl. n. 1. to 20. 1 H. 4. Plac. Coronae in Parl. n. 1. to 11. Walsingham Hist. Ang. p. 402. 2 H. 4. n. 30. 31. 5 H. 4. rot Parl. n. 12. resolve Therefore no Tryal can be in this case by Peers either in this Court or before Commissioners by vertue of this Act or any other Law 6ly This Statute is introductive of a new way of trying forein Treasons done out of this Realm by a Jury within England which by the rules of the Common law could neither inquire nor take notice of any Treasons or matters committed perpetrated or acted beyond the Seas as is evident by the Prologue of this Act the Statutes of 26 H. 8. c. 13. 5 E. 6. c. 11. M. 2 3 E. 1. Coram Rege Rot. 56. Hereford M. 2 E. 2. Fitzh. Obligation 15. Utlagary 18. Tr. 8 E. 2. Fitzh. Testament 6. 6 E. 3. f. 17. 18. 27 Ass 43. 41 E. 3. 19. 48 E. 3. 2 3. 20 H. 6. 28 44. 15 E. 4. 14 15. 20 E. 4. Perkins sect. 121. 494. 737. Cook 4 Instit. c. 17. 1 Instit. ● 74. Stamford l. 2. c. 14. Cook 2 Rep. 49 a. Long Pecocks case 5 Rep. f. 107. a. 3 Instit. f. 48 49. Whereupon it altering the Common law in this particular it outs all former doubts most punctually prescribes all the particulars and appurtenances belonging to the Tryal of them from which there neither may nor can be any variation by Law First it appoints the place where they shall be tryed 1. In general within this Realm of England 2ly In particular either in the Kings Bench wherever it sits on in such County as the King by his Commissions shall assign 2ly The Judges before whom the Tryal shall be are thus particularly described The Justices of the Kings Bench o● such Commissioners as the King shall appoint under the great Seal 3ly The Jury-men by whom they shall be t●yed are thus defined in Terminis in the Act By good and lawfull men not Peers or Commons of Ireland of the same Shire where the said Bench of the King shall sit if the Tryal shall be in the Kings Bench And if before Commissioners assigned by the King in any shire of the Realm then by the good and lawfull men of the same shire where the Commissioners sit which is doubled ●ike Pharohs dreams to make it more certain and likewise precisely enacted by the Statutes of 26 H. 8. c. 13. 5 6 E. 6. c. 11. in pursuance of this Act 4ly The manner how the Tryal shall be is thus punctually specified In such manner and form to all intents and purposes as if such Treasons c. had been done perpetrated and committed within the same * shire where they shall be so inquired heard and determined as is aforesaid which last words with the very like in the Sratutes of 26 H. 8. c. 13. 5 E. 6. c. 11. extending to our case put an end to the point in Question For if the Lord Magwire now at the Bar had committed the Treasons for which he is now endicted in Westminster there is no doubt nor scruple of it but he should have been tryed by a Jury of Middlesex notwithstanding his Peerage in Ireland and he could neither have pleaded nor demanded his Peerage as is resolved expresliè in Calvins case C. 7 Rep. f. 15 16. and in the Lord Sanchiars Case Cooks 9 Rep. f. 117. who was tryed condemned by an ordinary Jury for suborning Carliel to murther Turner with a pi●toll in England though a Peer of Scotland because he was here no Peer and the forecited Books are express that the same Law holds in case of a Peer of Ireland Since then this Law expreslie enacts That the Tryal of all forein Treasons shall be by good and lawfull men of the same Shire where the Kings Bench shall sit in such manner and form To all intents and purposes as if the same Treasons had been committ●● here in Middlesex where the Kings Bench sits There neither may nor can be any other form of tryal for the Prisoner nor in any other place nor before any other Judges nor by any other Jury but such as this Statute hath punc●…e defi●ed and than is by a Jurie of Middlesex To all intents and purposes as if the Treasons for which

in his 3. Institutes p. 52. 124. printed by the House of Commons special order and King Alfred long before him who hanged up no fewer than 44 of his Justices in one year AS MVRDERERS for condemning and executing some of his Subjects WITHOUT A SWORN JURY of 12. men and others of them for offences not Capital by the known Laws or without pregnant evidence as Andrew Horn records in his Myrrour de● Justices ch. 5. p. 296 297 298 who thence infers Abusion est de la Commen ley que JUSTICES lour MINISTRES que occient la gent per FAUX JUDGMENT NE SONT DESTRUITS AL FOER DE AUTRES HOMICIDES que fit le Roy Alfred que FIST PENDRE 44 JVSTICES EN UN AN TANT COME HOMICIDES pur lour FAUX JUDGEMENTS which others guilty of the like crimes especially since these antient Straffords Canterbu●ies with the Ship-mony-Judges late Presidents Impeachments Sentences to the prejudice of the Subjects lives estates may do well to ruminate upon 2ly In assigning this Arch-Traytor such learned Counsel as be desired to advise and plead for him in this Case of High Treason in all matters of Law arising therein which the Parliament likewise allowed to Strafford and Canterbury though impeached of high Treason and therfore cannot in * point of Justice be denied to any other person or persons in like Cases if desired 3ly In admitting him free liberty to put in a plea in writing to the manner of his Tryal and to the Iurisdiction of the Kings Bench it self though the c highest Court of Justice in all England but the Parliament and having lawfull conusans of all sorts of Treasons whatsoever and not peremptorily over-ruling rejecting it forthwith and giving judgement against him pro confesso or as * standing mute for not submitting to its Jurisdiction and a Tryal by an ordinary Middlesex Jury being a matter of Law and right but permitting yea ordering his Plea upon a Demurrer thereunto to be publickly argued pro contra at the Bar by Counsel and then solemnly argued at the Bench by the Judge before it was over-ruled being a Case of general concernment to satisfie him and all the world of the legality and Justice of his Tryal And then permitting him according to Law to plead not guilty and put himself upon his Tryal by the Country not sentencing him to death for Treason without any Tryal or good evidence produced to convict him 4ly In allowing him a free honorable Tryal upon an Indictment first found upon Oath by the grand Jury then suffering him to take not only his particular chalenges by the poll to every of the Jurors retorned upon a voyre dire not formerly heard of yet allowed him as reasonable to take away all coulor of partiality or non indifferency in the Jurors Whereupon every Jury man was examined before he was sworn of the Jury Whether he had contributed or advanced any monies upon the Propositions for Ireland or was to have any share in the Rebels Lands in Ireland by Act of Parliament or otherwise But likewise in permitting him to take his peremptory challenge to 35 of the 2 Juries retorned without any particular cause alleged which Liberty d our Laws allowing men in favorem vitae and because there may be private causes of iust exceptions to them known to the Prisoner not fit to be revealed or for which he wants present proof and that in Cases of High-Treason as well as of Felony the Court though● just and equal to allow the same to him though a notorious Irish Rebel Wherefore it ought much more to be allowed to all English Freemen lesse peccant and not so notoriously guilty as this transcendent Traytor the debarring the party indicted of his lawfull challenges being to debar him of a principal matter concerning his Tryal yea a means to take away his life without just cause or guilt much more then a Tryal by such Iurors Committees Commissioners or other Judges nominated by persons interessed or parties without the denomination or direction of sworn Officers of Justice alone against the course of the Common law as the Statute of 11 H. 4. c. 9. and Cooks 3 Instit. p. 32 33. resolve In this Argument the Readers especially Irish Students of the Law may take notice First of some observable passages and * Records touching the setling of the Laws and Great Charter of England in Ireland the endenization of Irish-Natives to make them capable of the Laws and Liberties of the English there the Statutes Peers of Ireland and the Tryal of Peers there for Treasons not obvious in other Law Books to which I at first imended to have added an Appendix of the most remarkable passages in our Histories and chiefest Records in the Tower relating to the Sover aign Jurisdiction of the Kings and Parliaments of England over Ireland and to the Parliaments Officers Government and affairs thereof not hitherto published and unknown to most of very necessary and excellent use Which being over-large for an Appendix I must reserve for a particular Treatise by themselves or joyned with some other Records and Histories relating unto Scotland most worthy of publick view if God send health and opportunity to communicate them to posterity Only I shall here insert one pertinent Record to manifest that the trying of Irish Malefactors in England the binding them to appear the recording their defaults and giving judgement against them for not appearing here for Murders Robberies and Felonies committed or acted by them in Ireland is no Novelty having omitted it in my Argument it being in use in the ninth year of King John as this Patent manifests e Rex M. filio Henrici Iusticiario Hiberniae salutem Mandamus vobis quod deduci faeiatis secundum judicium Comitis Dublin Galfredum de Marisco alios qui rectati sunt de incendio roberia morte homnum aliis rectis quo● pertienent ad Coronam nostram unde eis dies datus est coram nobis in Anglia a die sancti Michaelis ad 15 dies ad quem non venerunt nec pro se responsales miserunt et absentiam suam die illo Attornatis eis in defaltam Et ipsos 〈…〉 secundum judicium ●●●dict Comiti●de vita et membris et obsidibus et vadiis et plegiis Teste me●pso apud Theoukesbury 12 die Novembris 2ly The Readers may herein discern the Treacheries Conspiracies Insurrections Rebellions of the Native Irish in all Ages since their submission to King Henry the 2d Anno 1171. and their swearing of fealty to him and his Heirs for ever as to their lawfull Kings and Lords recorded at large in our k Historians towards our Kings and English Nation and their frequent endeavours utterly to cast off their Dominion and extirpate them out of Ireland which is notably expressed in many of our Records as Claus. 5 E. 3. part 2. m. 12. dorso Pa● 5 E.

Tryal but such only who are excepted out of it by special Proviso Now Irish Peers are none of those Persons excepted as I shall prove anon That these words any person or persons extend to Peers as well as Commoners where there is no exception of Peers is undeniable First because a Peer is a Person though of a higher rank or degree than an ordinary Commoner or Freeman and one kind of person in Law therefore within these words any person or persons 2ly Because general Laws made for the common good safety of the Realm and punishment of the grand crime of High Treason are like to Go himself * No respectors of persons but bind and punish all alike Therefore any person or persons in such a publick Law as this made for the common good safety and punishment of the greatest Treasons Evils must necessarily include all persons subjects whatsoever and except none especially the greatest whole examples and offences are commonly most dangerous and pernicious Thirdly in all publick Acts whatsoever These words any person or persons extend to Peers as well as Commoners and I know no one President to the contrary To instance in some few Acts instead of many In the Statutes of 26 H. 8. c. 13. 5 6 E. 6. c. 11. concerning Treasons any person or persons or any of the Kings Subjects Denizen or others that shall commit or practise Treason out of the limits of this Realm in any outward parts extend to Peers as well as Commons Therefore in this Act of the same nature So in the Statutes of 1 Ed. 6. c. 1. 2 3 E. 6. c. 1. 5 6 E. 6. c. 1. 1 Eliz. c. 2. If any person or persons shall deprave or revile the most blessed Sacraments or the book of the Common prayer c. In the Statute of 1 Eliz. cap. 1. and also of 5 Eliz. cap. 1. If any person or persons c. shall extoll c. the power of the Bishop of Rome or of his See 13 Eliz. c. 1. If any person or persons shall bring in or put in ure any Bull from the Bishop of Rome Agnus Dei Pictures Crosses c. In the Statute of 23 Eliz. c. 2. If any person or persons shall with a malicious intent speak any false or seditious news of the Queen c. In 27 Eliz. c. 2. If any person or persons shall barbour or contribute any mony to the maintenance of any Jesuites Priests c. In all these Acts to pretermit * many others the words any person or persons extend to Peers as well as Commons as is resolved in the bodies and Provisoes of all these Acts Yea in the Statute of 25 E. 3. c. 2. of Treasons though a most penal Law the words are only If a man do compass or imagine the deach of the King If a man do levy war against the King in his Realm c. If a man counterfeit the Kings Broad or Privy-seal or his mony c. Yet it hath been resolved without dispute in all times and so agreed by Sir Edward Cook Institutes 3. p. 4 5. That this word a man extends to both sexes alike including women as well as men Peers as well as Commoners Lords as well as Pesants yea all ranks callings conditions of men who are Subjects and that this word man in the singular number only extends to many men to any number of men committing any of these Treasons joyntly as well as to a single man or Traytor because it is a general Law made for the safety of the Kings person and the Realm Much more then must any person or persons in this Statute being both in the singular and plural number and in common acceptation a far more universal general and comprehensive expression than this of a man in 25 E. 3. c. 2. extend equally to all sorts sects and degrees of men as well as it and so to Peers as much as it and to Peers as well as to Commons as it doth in the Statutes of 25 H. 8. c. 22. 26 H. 8. c. 13. 27 H. 8. c. 2. 33 H. 8. c. 12. 20. 5 E. 6. c. 11. 1 Mar. c. 6. 1. 2 Phil. Mar. c. 9 to 11. 5 Eliz. c. 1. 13 Eliz. c. 2. 18 Eliz. c. 1. 23 Eliz. c. 1. 27 Eliz. c. 2. 3 Jac. c. 4 concerning Treasons 2ly My second Argument to prove Irish Peers within this Statute is because Irish-Commons are within its Verge even for Treasons committed in Ireland as hath been adjudged in the forecited cases of Orourk Sir John Parrot and Mac-Mahone For Laws and Law givers being no respectors of persons where the offences be the same and there being no one clause word or syllable in this Statute extending to Irish-Commoners Treasons but which doth may and ought by the self same Justice reason equity to extend to the Treasons of Irish-Peers this Statute making no distinction between the one and other and the Commons of Ireland having as absolute a right and Inheritance in their native Privilege of being tryed by their Peers in Ireland which yet is taken away by this Act in case of Treason as the Peers in Ireland have in their Peerage to be tryed there by their Irish-Peers We must not yea we cannot in point of Justice distinguish between the one and other where the Law it self makes no distinction Therefore since the Irish Commoner is undoubtedly within the words and scope of this Act to be tryed at this Bar by a Middlesex-Jury the Irish-Peer unless we will judge with respect of persons and coyn a distinction not warranted by this Act must be also tryed in the self-same manner The Law is the same the crime is the same both in Magwires and in Mac-Mahones cases therefore the Tryal and Judgement too must in law reason be the same in both 3ly It will be granted me without dispute That if an Irish-Peer commit Treason in any forein parts out of England and Ireland as in Spain France Flanders Italy or Germany he shall be tryed in this Court by an ordinary Jury if Free-holders and not by his Peers in Ireland by vertue of this Act. Nay if he commit Treason in Ireland and flye into England he may and shall be tryed for that very Treason by an ordinary Jury at this Bar * because by flying his Country and a legal tryal there he hath outed himself of the benefit of his Peers Therefore it extends to Irish-Peers even for Treasons done in Ireland else they could not be tryable here in any of these Cases which are granted on all hands to be Law 4ly It is evident by the Proviso in this Act that English Peers committing any manner of Treasons out of this Realm are tryable for it in England by vertue of this Law as well as English Commons though they were not so by the Common-law Therefore Irish Peers committing Treason shall be within it likewise so tryable here as well as

English possessions and thereupon with Banners displayed and great forces traytorously invaded the Kings dominions there besieged the City and Castle of Dublin murdered the Kings good Subjects who withstood them and resisted the Kings forces sent from hence c. for which they were all by this Act attainted of High Treafon The like general Rebellions have there broke forth sundry times both before and since that Act but none so generally dangerously bloodily as this for which the Prisoner at the Bar stands endicted The Treasons therefore in Ireland being commonly so frequent so general wherein most of the native Irish-Peers and some of the English extraction too were usually chief Actors there was very great reason policie and justice too why such a Law as this should be made to reach to Ireland and why in such cases as these Rebellions there being so universal and most of the Irish Nobility Conspiratours and parties in them that these Peers and the chiefest Conspiratours when surprized should be presently sent over from thence into England and tryed there for their Treasons 1. To secure their persons from escapes and rescues which might be there more easily procured especially when and where the Irish Rebells are Masters of the Field as the Statute of 17 H. 7. in Ireland c. 14. resolves 2ly To avoid a * fayler of Justice there when by reason of the many Irish Peers there out in actual Rebellion or by means of alliance of most other Peers to them or of the flight of other thence or the employment of them in service or places of trust or by reason of the interposition of the Rebels forces between them and the place of their Tryal chere a competent number of indifferent Irish Peers for a speedy Tryal cannot be assembled with safety or conveniency in Ireland to try a Rebellious Traytor by his Peers there which obvious defects are all supplyed by this Act 3ly To prevent all partiality and injustice in such Cases which might happen in Tryals by Peers in Ireland either by consanguinity or alliance of the Peer to be tryed to the Irish Peers who are to try him or by confederacy of the Tryers in the same Treason with the party tryed or through fear of mischief or revenge upon the Tryers Jury Witnesses Judges by the tryed Rebels Friends Kindred and Confederates in case he should be condemned by them and executed none being so vindictive and bloody in this kind as the Irish Upon all which weighty reasons there was special cause why both in justice policy and prudence all Irish Peers who by publick Rebellion commit High Treason in Ireland should be sent over and tryed here by ordinarie Juries to prevent the forenamed mischiefs and fayler of Justice and bring them to condign punishment Now in this case here in judgement at the Bar all these recited reasons hold For first most of the Irish Peers were in actual Rebellion when the Prisoner was sent over most of the English and Protestant Irish Peets there eimurthered or forced to flye thence or so dispersed and imployed that they could not assemble a competent number of indifferent Peers to any place with conveniency to try him in Ireland 2ly The enemies and Irish Rebels were then Masters of the field in most places the Prisoner in danger to be rescued by force from them or by treachery likely for to escape out of their hands and the times so troublesome as would admit no leasure for such a Tryal 3ly Most of the Irish were-allyed to Magwire or ingaged with him in the self-same Treason and Rebellion and so neither in Law Justice or Prudence fit or indifferent persons to pass upon his Tryal in this Case of most publick concernment 4ly The Judges Witnesses and Peers that should try him there would have been in extreme perill of their lives and of exemplary publick revenges from their Confederate-Rebels who threatned revenge as appears by Mac-Mahons Speech Magwires Confederate to the Justices upon his ●irst examination I am now said he in your hands and you may do with me what you please But I am sure within few daies I shall be revenged and by like words of revenge used by Owen Oneile in Flanders so soon as he heard Magwire was apprehended 5ly If he should now be sent back from hence into Ireland to be tryed the Rebels and his party are there so predominant that scarce any Witnesses nor Peers nor Judges either would or durst there to appear openlie against him or else such means would be made to delay or delude his Tryal and Execution that by some device or other there would questionless be a fayler of Justice against him Therefore for all these weighty reasons he may and ought by all rules of Policy Equity and Justice to be arraigned and tryed only at this Bar by vertue of this Act which so clearly extends unto him That so the blood of * above one hundred and fifty thousand innocent Protestants shed in Ireland in less than four months space by means of this Rebellion which cryes loud to Heaven and Earth for revenge against this great Contriver and Arch-promo of it may not go un-revenged in a way of publick Justice to our eternal infamie I have quite done with the second and main Question and proved an Irish Peer to be within the Statute as well as an Irish Commoner I shall now proceed to the last point arising from the manner of this Plea that he may be tryed by his Peers not expressing where or how and intimating that he would be so tryed here in England It is briefly this Admitting an Irish Peer to be tryable in England for a Treason committed by him in Ireland whether this doth not inevitably out him of his Tryal by Irish Peers and subj●ct him him to a Tryal at this Bar by an ordinary Jury as well as an Irish Commoner And I conceive without any scruple affirmatively that it doth for these undenyable Reasons 1. Because Irish Peers are Peers only in Ireland not in England and cease to be such in judgement of Law so soon as ever they arive in England both personally in themselves and relatively to others being here in judgement but mere Esquires not Lords and are to be sued as such not as Lords or Peers even as Peers of Scoland France or Spain are as is resolved and adjudged 11 E. 3. Fitzh. Brief 473. 8 R. 2. Process Fitzh. 224. 20 E. 4. 6. Brook Nosme de dignity 49 M. 19 20 Eliz. Dyer 360. b. Cooks 7 Rep. f. 15 16. Calvins case Co. 9 Rep. f. 117. the Lord Sanchers Case in point and Cooks 3 Instit. p. 30. The Prisoner then being no Peer in England it is impossible that he should be tryed in England by his Peers 2ly Because no such way of Tryal was ever yet heard of in any age of any Irish or other forein Peer tryed here in England either by English Peers or by his Irish or forein