Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	king_n	law_n	royal_a	3,569	5	7.7346	4	true

Text snippets containing the quad

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

over that be accepted used and executed within the Land of Ireland in all points at all times requisite according to the tenor and affect of the same And that by authority aforesaid they and every of them be authorized approved and confirmed in the said Land of Ireland That before the time of the supposed Treasons King Charles by his Letters Patents under the great Seal of Ireland bearing date the last day of August in the 4th year of his Raign at Dublin in Ireland did create Brian Magwire Father of the said Connor Magwire Baron of Iniskellin in the County of Farmanagh in the said Realm and granted to him and the Hei●●males of his body the title honor and dignity of the said Barony and to have a place and voice among the Peers and Nobles of Ireland in the Parliaments of that Realm By virtue whereof the said Brian was seised in his demesn as of Fee tayl of the said Barony and dyed seised thereof at Dublin 1 Feb. 12 Caroli before the supposed Treasons after whose death the said Barony discended to him as Heir in tail That by virtue of these Letters Patents before the said supposed Treasons committed he was one of the Barons Lords and Peers of Parliament in the Realm of Ireland and at the Parliament begun and held there the 16th day of March 16 Car. at Dublin and continued untill the 17th of August then next following and then adjourned till the 9th of November next ensuing and thence proroged to the 24 of February next following and from thence continued till the 24 of Iune Car. he was present as one of the Peers of the Realm of Ireland And further saith that on the 23 of October 17 Car. he was taken and arrested by certain Persons to him unknown at Dublin in Ireland and there committed to safe Custody for the Treasons pretended to be committed by him till afterwards he was on the 12 of Iune 18 Car. by certain Persons to him unknown brought in safe Custody against his Will to Westminster within the Realm of England and then and there committed to the Tower of London where he is yet detained And therefore prayeth that he may be tryed and judged by his Peers of the Realm of Ireland for the supposed Treasons in the Indictment To this plea of his Mr. Aske the Kings Attorney in this Court hath demurred in Law and the Prisoner hath joyned in demurrer And whether this Plea of the Prisoner as to his tryall by his Peers of the Realm of Ireland be good in Law is the sole question to be now argued This Case is of very great concernment and yet of greater expectation It concerns the whole Peerage of Ireland in some respects on the one hand and on the other the Iustice both of the King Parliament and Kingdome of England in bringing a desperate Rebell and Arch-Traytor to condigne punishment for the most horrid bloody Treason against the Kings Royal Crown and authority the Protestant Religion and the whole English Nation inhabiting Ireland devoted to destruction by this Traytor and his Confederates that ever was plotted or executed under the Sun The eyes of all our 3 Kingdomes highly concerned in and deeply suffering by this Treason but more especially the eyes and hearts of our adjoyning vigilant Parliame●t which hath specially recommended it to this Court and assigned my self among others Counsel in this Case are intentively fixed upon the final result and issue of it I wish my vacancy to study and abilitie to argue this publique Cause had been such as might have satisfied expectation and discharged the trust reposed in me but other publique services having much interrupted me therein I shall begin to argue it for the present with the best skill I may and so leave it to those learned Gentlemen of the Law if there shall be need of any further Arguments who are provided to argue after me to supply what is defective in this my proemiall Argument All matters of fact and form arising in this Plea have been already admitted true and sufficiently pleaded in Law by mutual consent and nothing but the meer matter in Law rests now to be debated which I conceive to be but one short single point For though the Prisoner pleads that there was a Parliament of which he was a Peer and Member continuing in Ireland by prorogation at the time of his apprehension and sending over into England Yet this Privilege of Parliament comes no wayes in question as to the point of his triall now only in issue as hath been falsly suggested to the Lords house and intimated in an Ordinance of theirs since revoked but relates only to his first apprehension which is not here in controversie ' Besides he pleads not that this Parliament is yet continuing and actually sitting in Ireland of which he ought to have * the privilege but that it was continued till the 24 of Iune 17 Car. which is 3 years since and so intended to be long since ended Nor pleads he that he ought to be or to have been tryed for this Treason in the Parliament of Ireland nor that his privilege of Parliament ought to extend to secure him from any apprehension or Indictment for high Treasou when the Treason is visible and reall as his is and not imaginary only in which Case of Treason no privilege of Parliament is to be admitted as hath been resolved 8 H. 6. rot Parl. n. 57. 31 H. 6. rot Parl. n. 25 26 27. Cooks 4. Instit. fo. 25. So as the matter of his privilege of Parliament is quite out of dores and the sole point in issue is but this Whether a Peer of Ireland committing high Treason in Ireland for which he is there apprehended and afterwards by order of Parliament here brought thence into England against his Will may be endicted and tryed for that Treason in this Court of Kings Bench by a Jury of Middlesex only not by his Peers of Ireland by virtue of the Statute of 35 Hen. 8. chap. 2. And under favour I conceive in some clearness affinmatively that he ma● and shall be tryed here by an Ordinary Iury of Middlesex and outed of his Peerage by virtue of this Act The Question arising meerly upon the Act it self which is very short I shall first recite it and then draw my Arguments out of the very intention words and bowells of it FOrasmuch as some doubts and questions have been moved that certain kinds of Treasons done perpetrated or committed out of the Kings Majesties Realm of England and other his graces Dominions cannot ne may by the Common Laws of this Realm be enquired of heard and determined within this his said Realm of England for a plain remedy order and declaration therein to be had and made Be it enacted by Authority of this present Parliament that all manner of offences being already made or declared or hereafter to be made or declared by any the Laws and

Statutes of this Realm to be Treasons misprisions of Treasons or concealments of Treasons and done perpetrated or committed by any person or persons out of this Realm of England shall be from henceforth inquired of heard and determined before the Kings Iustices of his Bench for Pleas to be holden before himself by good and lawfull men of the same Shire where the said Bench shall sit and be kept or else before such Commissioners and in such Shire of the Realm as shall be assigned by the Kings Majesties Commission and by good and lawfull men of the same Shire in such manner and form to all intents and purposes as if such Treasons or Concealments of Treasons had been done perpetrated and committed within the same Shire where they shall be so inquired of heard and determined as is aforesaid Provided alwayes that if any the Peers of this Realm shall happen to be endicted of any such Treasons or other offences aforesaid by authority of this Act that then after such Indictment they shall have their Tryall by their Peers in such like manner as hath been heretofore accustomed From this Act I shall deduce several Arguments and conclusions to prove that the Prisoner at the Bar though a Peer of Ireland shall be tryed by an ordinary Iury of Middlesex here not by his Peers in or of Ireland for the Treasons committed in Ireland whereof he stands here indicted For my more methodical proceeding I shall divide the single point in controversie into these 3 subordinate Questions 1. Whether this S●atute extends to Treasons committed in Ireland by Irish Commoners 2ly Whether it reacheth to Treasons in Ireland perpetrated by Irish Peers as well as by Irish Commons 3ly Admit it extends to Irish Peers as well as Commoners whether it doth not then inevitably out them of their Tryalls by Irish Peers and Subject both of them alike to a Tryal at this Bar by a Middlesex Iury For the first Whether this Act extends to Treasons committed in Ireland by Irish-Commoners There is but little doubt of it For first it is as clear as the Sun at Noon-day that this Act extends to all Treasons done or perpetracted in Ireland by Irish-Commoners for the main scope and intent of this Law being to make all manner of offences then made or declared or hereafter to be made or declared to be Treasons misprisions of Treasons or concealments of Treasons by any Laws or Statutes of this Realm done perpetracted or committed by any person or persons out of England inquirable or tryable within this Realm without any scruple or difficulty either in this Court or before such Commissioners in such Shire of this Realm as the King by his Commission shall assign the very sum and substance of this Act as the express letter thereof resolves the Realm of Ireland being out of this Realm of England and no part thereof and Treasons therein committed by Commoner being Treasons done and perpetrated out of this Realm of England as is clear by 20 H. 6. f. 8. a. b. ●9 H. 6. 53. b. 32 H. 6. 25. b. 2 R. 3. f. 12. 1 H. 7. f. 3. Plowden 368. b. Dyer f. 360. b. Cook 7. Report f. 22 23. Calvins case ●H 5. c. 8. 4 H. 5. c. 8. 4 H. 5. c. 6 Cooks 3 instit. p. 1● 18. These treasons must certainly and most necessarily be both within the intent and words of this Law and so consequently tryable in this Court by an ordinary Jury of Middlesex without any scruple or difficulty The rather because Ireland though out of this Realm of England is vet part of the Kings dominions and a subordinate Kingdom united and annexed to the Crown of England governed by the Laws of England and bound by Acts of Parliament made in England in many Cases as is resolved and undeniably evidenced by Pat. 6. Iohan. in 6. n. 17. Rot. Pat. 8 Johan m. 1. Claus. 12. H. 3. m. 8 Pat. 30 H. 3. m. 3. 14 H. 3. The Statute of Ireland Pat. 5 E. 3. pars 1. m. 25. 11 E. 3. c. 2 3 4 5. 27 E. 3. c. 3 18. 13 E. 1. Stat. de M●rcat 1 H. 5. c. 8. 4 H. 5. c. 6. 1 H. 6. c. 3. 3 H. 7. c. 8. 1 H. 8. c. 5. ●32 H. 8. c. 4. 35 H. 8. c. 2. 32 H. 6. Statutes of Ireland c. 1. 8 E. 4. in Ireland c. 1. 10 H. 7. in Ireland c. 4 5. 22. 7 H. 8. in Ireland c. 1. 28 H. 8. in Ireland c. 2 3 5 6 7 8 13 15. 18 19. 33 H. 8. in Ireland c. 1. 1 H. 7. f. 3. Kelway f. 202. b. Cooks 7 Rep. of 22 23. Calvins case 1 In●tit f. 141. b. 4 Instit. f. 349 350 c. 3 Instit. p. 18 Mr. Saint Johns Argument at Law at Straffords attainder p. 53. to 64. And therefore Treasons there committed are more apt and proper to be tryed here within the letter and intention of this Law then Treasons done in France Spain or any parts else out of the Kings dominions where our Laws and Acts of Parliament are not obligatory 2. This Statute as I conceive was principally made to punish Treasons misprisions of Treasons and concealments of Treasons in Ireland where they were more frequently done and perpetrated than in any or all parts of the world out of this Realm of England as our Histories and the * Irish-Statutes record And the ●orid general Treason Insurrection and Rebellion in Ireland much like this for which the Prisonner is indicted mentioned in the Statute of Ireland 28 H. 8. c. 1. but 7 years before this Act with other frequent Treasons and Rebellions there were no doubt the chiefest ground of making this new Law And that which puts it out of all dispute is the Statute of 28 H. 8. made in the Parliament at Dublin in Ireland c. 7. which reciting the Statute of 26 H. 8. c. 13. made in England concerning Treasons and enacting as this of 35 H. 8. That if any of the Kings Subjects Denizens or others do commit or practise out of the limits of this Realm of England in any outward parts any such offences which by this Act are made or heretofore have been made Treason that then such Treason whatsoever it be that shall so happen to be done or commitshall be inquired and present●d by the oaths of 12 good lawfull men upon good and probable evidence and witness in such Shire and County of this Realm before such persons ●● it shall please the Kings Highness to appoint by commission under his great Seal in like manner and form as Treasons committed within this Realm have been used to be inquired of and presented that then upon every indictment and presentment founden and made of any such Treasons and certified into the KINGS BENCH like process and other circumstance shall be there had and sued against such offendors as if the same Treasons so presented had been lawfully found to be done and committed

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

meaning And so much in answer to this grand objection wherein I have been over tedious but shall recompence it with brevity in the remainder The second Objection a meer branch of the former is this That if Irish Peers should be tryable by an ordinary Jury within this Law for Treasons done in Ireland this might prejudice the whole Nobility of Ireland who by colour of this Act might be sent for out of Ireland and tryed here for Treasons Misprisions and concealments of Treasons there committed and so quite deprived of their birth-right of tryal by their Peers which would be of dangerous consequence I answer 1. That I have manifested that this tryal by Peers was never deemed claimed nor enjoyed in Ireland as a privilege by Irish Peers nor ever used or practised in that land before this Act but once claimed since and that in Ireland Therefore it cannot be intended that this Statute or the makers of it ever imagined to save this manner of Tryal by Peers only to Irish Peers which they never enjoyed nor so much as once claimed or possessed before the making of it Neither can it be any injury or injustice to deprive them of that now they never heretofore claimed used enjoyed as their privilege and birth-right being not indubitably setled on them by any Law that I have seen but only in some special Cases of Treason since 35 H. 8. wherof this is none by the late Acts of 2 El. z. c. 1. 6. when as this privilege is taken from them not by a bare strained exposition or implication but by this express Act of Parliament made long since for the Common good and safety of England and Ireland not yet repealed 2ly This Objection with as great or greater strength colour might be made for all the Commons of Ireland far more numerous and considerable than their Peers they being deprived by it of tryals by Irish Juries in their native Country than for Irish Peers alone which Tryal here against Irish Commons was never of late excepted against this Law having been so often adjudged to reach to them Therefore there is no colour to exempt Irish Peers out of it 3ly This pretended prejudice to Irish Peers in point of Tryal by their Peers is soly in cases of High Treasons or Misprision and concealments of it and no other the Statute extending to no crimes but these alone Therefore the mischief is not great in general and no Irish Peers I presume but such who have trayterous or disloyal hearts will deem it a disparagement or injustice to them to be secluded of a Tryal by their Peers only in these Cases of High Treason And if others who are professed Rebels and Traytors murmur at it as none else will we need not much regard it nor prefer their pretended privilege before our own Kings Kingdomes Religions yea Irelands safety and wellfare in bringing them to a speedy tryal and condign punishments for their Treasons here in England by vertue of this Law 3ly Even by the very Common law before this Act Treasons committed in Ireland by Peers or Commons were tryable before the Marshall of England in England it self as is evident by the Parliament Roll of 2 H. 6. ● 9. * Where Iohn Lord Talbot being the Kings Lieutenant in Ireland accused James Bottiler Earl of Ormond of certain Treasons there particularly recited by him committed in Ireland before John Duke of Bedford Constable of England in his Marshals Court Which accusations the King by the advice of his Parliament did discharge and abolish to appease the differences between them Upon which else he might have been proceeded against though an Irish Peer without any tryal by his Peers See Cooks 4 Instit p. 123 124. Therefore a fortiori this special Act of Parliament may subject Irish Peers to a tryal by a substantial English Jury in England for Treasons done in Ireland since tryable for them here before its making even in the Marshals Court 5ly This Statute doth not simply take away the tryal of all Treasons committed in Ireland from thence only it makes them all tryable here when the King State and Parliament shall see just cause or occasion for tryal of them here as now they do in these times of general rebellion there when the Rebels are so predominant and the times such that no safe fair or indifferent tryal of this Traytor can be there had or expected And seeing the Law and common reason will inform every man that the King and State will never be at the cost and trouble to send for Traytors and Witnesses out of Ireland to try them here but upon a most just occasion and urgent necessity to prevent either a faiter or delay of Justice in case of horrid Treasons and Rebellions And no Irish Peer who hath any loyalty in his heart or reason in his head will deem it a dishonor or prejudice to the whole Irish Peerage in general or the trayterous Peers sent hither to be tryed in particular to be outed of a tryal by Irish Peers in such Cases of necessity and expediency only it being better and safer for this Realm and Ireland too that these native Irish Peers who have been proved to break out into actual Rebellion in all ages as this Prisoners Ancestors have done as much or more than any his * Grandfather being the first man that broke forth in Tyrones Rebellion should be subject to tryals for the same by ordinary English Juries here and outed of their Peerage then that such Arch-Traytors and Rebels as the Prisoner and his Confederates are guilty of the effusion of many thousands of Protestants and English mens bloods should escape uncondemned or be executed by Martial law And our Law in this Case which concerns the safety of 2 Kingdoms at once will rather suffer a particular mischief especially to rebellious Peers than a general inconvenience to both Realms and all loyal Subjects in both 6ly Though the tryal of all English and Irish Peers by a legal indictment presentment and Jury of their Peers alone and not by Martial-law or Commissioners themselves alone be an essential fundamental Right and Privilege for the securitie of their lives and estates which our Parliaments in all ages have been very curious to preserve and not to alter yet the Tryal of Peers by Peers alone not by a Jury of other Freemen for the most part if rightly considered is rather a meer punctilio of honor than matter of real privilege or benefit to Peers and by intendment of Law and common experienc a fair and legal tryal by the oaths of 12 honest substantial indifferent English Gentlemen or Freeholders to whom the Prisoner may take all * sorts of lawfull challenges by Law which shall be allowed if there be any just cause of suspition of partiality injustice consanguinity c. besides his peremptory challenge of 35 Jurors without cause which challenges * Cook affirms shall not

be admitted or granted in case of tryal by Peers it being the usual antient a tryal in all Cases between the King and ordinary Subjects between man and man Peers and Commoners both in all civil and criminal causes whatsoever it is and will be every way as just as beneficial to a Peer in point of Law as a Tryal by twelve Peers upon their Honours only b without oath And the exchange only of the form of Tryal by twelve indifferent English Gentlemen of quallity upon their oaths for twelve Irish Peers of English blood nominated and appointed only by the King or his c Lord Deputy of Ireland upon their Honours without oath in this case of necessity can be no injustice injury or prejudice to the Irish Peers in general nor yet to the Prisoner in particular The rather if we consider First That every Indictment by which an English or Irish Peer is or can be tryed must first be proved before a grand Jury of Commons as this very Statute prescribes and found by them upon Oath not by a Jurie of Peers which is a kind of preparatory trial of a Peer by Jury without which there can be no proper tryal by Peers as is resolved Cooks 3 Institutes p. 28 30 31 32. 1 H 4. 1. 2ly That in Cases of Appeal brought by a common person ●or murder rape robberie or the like and likewise in case of a Premunire against an English Peer where his life is not brought into question he shall not be tried by his Peers but by an ordinary Jury as other men Trial of Peers by Peers being onlie in cases of Indictments for Treasons or Felonies at the Kings sute and no other as is clear by the Statute of Magna Charta c. 29. Neither will we pass upon him or condemn him without the lawfull judgement of his Peers c. the words onlie of the King not of the Commons In this our Books are express in point all cited in Sir Edw. Cooks 2 Institutes on this verie Chapter of Magna Charta cap. 29. in his pleas of the Crown or 3 Instit. c. 2. p. 30 31. 20 Ed. 4. 6. b. Now this case in question concerning not onlie the King but the whole Kingdome of England and Ireland and those manie thousands of Common persons whose innocent blood hath been shed in Ireland by him and his Confederate Rebels crying out for vengeance and Justice against him without delay he may thereupon be justly tried by an ordinary Jurie of Commons as well as in Case of an Appeal of murder brought by a common person 3ly Peers of Parliament even of this Realm not by inherent Nobility and Birth right but only in right of their Baronies which they hold in auter Droit as Arch-Bishops Bishops Abbots Priors and the like shall not be tried by their Peers for treasons or felonies at the Kings sute but onlie by an ordinary Jurie as Archbishop Scroope of York Cramner Arch-bishop of Canterbury * Adam de Orlton or Tarlton Bishop of Hereford Mark Bishop of Carlile Fisher Bishop of Rochester and others were tried 3 Ed. 3. f. 6. Kelwaies Reports f. 184. Stamfords Pleas of the Crown f. 135. Cromptons Jurisdiction of Courts f. 12. 19. Hall● Chron 6 H. 4. f. 25. Coo. 3 Instit. f. 36. Now if these verie English Peers to whom Magna Charta was immediatelie granted by name of Arch-Bishops Bishops Abbots being the first persons mentioned in the Prologue and ch. 1. 29 of this Charter shall be outed of their peerage in these Cases of Indictment at the Kings sute though within the very letter of Magna Charta because they are no Peers of England by blood or birth-right but in right of their Churches then a fortiori Irish Peers shall be deprived of their Peerage by this special Act who are not within the letter or intent of Magna Charta never made for them but for English Noble blood And if it be neither injustice nor injurie nor inconvenience to deprive these Ecclesiastical English Peers of a trial by Peers in cases of Treason or felony at the Kings sute though within the letter of Magna Charta and to try them by an indifferent Jurie of Freeholders It cannot be reputed any injustice injury rejudice or inconvenience at all now to out this Irish Peer of his Peerage here where he is no native Peer for such an horrid Treason as this 4ly Irish Peers are no Peers at all in England upon which account and reason if they commit Treason herein they shall be tried by an ordinarie Jury Therefore to try them onlie by Freeholders no● by Peers in England can be no injurie nor dishonour to their Peerage unless it were in Ireland where they are Peers and yet have been seldome or never hitherto tried there by their Peers as I have proved 5ly The verie Statutes of Ireland it self made by the Peers and Commons thereof to prevent manie mischiefs by Theeves Murderers and Rebells in that Realm do deprive both the Lords Commons there of any legal trial at all both for their lives and estates too witness the Statutes of 28 H. 6. c. 1. 3 5 E. 4. c. 2. expose them to the judgement slaughter plunder of particular men in some cases authorizing all manner of men that find any theeves robbing breaking up houses by day or night or going or comming to rob or steal having no faithfull man of good name and fame in their company in English apparel to take and kill those * Theeves and cut off their heads without endictment or Jury and seise their Goods without any impeachment of the King his Heirs Officers or any other for which they are to receive a sum of mony from every Plow-land and person of estate within the Barony where they shall slay and behead such Theeves And 25 H. 6. c. 4 5. If any English men shall have any hair or beard upon his upper lip like the Irish it shall be lawfull for every man to take their Goods as Irish Enemies and to ransome them as Enemies And if any Irish Enemy received to the Kings allegiance shall afterwards rob spoyl and destroy the Kings Liege people it shall be lawfull for every Liege-man that may meet with him afterwards to do with him and his Goods and Chattels as to Enemies who were never Liege and to ransome them at their free will without any impeachment of the Law And Ch. 6. If any men except Knights Prelates shall wear gilded Bridle Pestrels or other harneys that it shall be lawfull to every man that will to take the said man his horse and harnesse and to possess the same as his own Goods without endictment or legal tryal All which would be monstrous in England Therfore it is much more legal and just and no injurie at all to try the Prisoner an Arch-Rebel in England in this time of war and combustion in Ireland for his Treasons there

Law established in Ireland Whereupon they have revensed their Order which seemed to give some colour for this Objection Pat. 48H 3. pars 1. m. 8. I find this memorable Record Rex c. omnibus salutem Cum secundum consuetudinem hactenus in Hibernia obtentam Utlagati in Regno nostro Angliae pro Utlagatis in Hibernia haberi non consueverunt Gregorius le Somner ratione Utlagariae in ipsum promulgatae in Regno nostro Angliae●uper captus fuit in Hibernia in Angliam reductus imprisonatus Nolumus quod fidelibus nostris Hiberniae aliquod praejudicium ex hoc in posterum gravetur In cujus c. Teste Rege apud Turrim London 26 die Junii● If Englishmen outlawed in England could not by the Law and Custome of Ireland be taken upon a C●pias Utlagatum in Ireland or reputed as out-lawed persons there as this Patent resolves much less can they there be tried for any Treasons acted in England by colour of this Law nor can our English Peers be there tried for Treasons here by an Irish Jury A seventh Objection which I have heard made by some is as vain and absurd as the former That if Irish Peers be within this Act for Treasons done in Ireland then by the same reason Peers in Scotland might be sent for and brought into England and there tryed by an ordinary Jury by vertue of this Law for Treasons done in Scotland which would be a great prejudice to the Peers of Scotland and the privileges of that Kingdome I answer 1. That this Act extends not to any Treasons of Scots Lords or Commons committed or acted in Scotland and tryable there though it reacheth to Irish Lords and Ireland 1. Because this Act was made long before the union betwixt England and Scotland by 1 Iac. c. 2 3. Iac. c. 3 4 Iac. c. 1. 16 Caroli whiles that Scotland was under the absolute and immediate power of its own Kings and not of the Kings of England and so it cannot extend to them 2ly Scotland although the * Kings of it have often done homage to the Kings of England in antient times as their Soveraign Lords was still an absolute independant Kingdom in this respect of being subject only to governed by its own Parliaments and Laws But not subordinate to nor governed by the Laws or Parliaments of England which never bound them heretofore nor now as they did and do Ireland their Laws and Statutes and ours still continuing different Therefore this Act neither did nor could bind the Scots Peers or Commons in point of Tryal here for Treasons committed in Scotland as it binds the Irish still subject to our Laws and Parliaments for Treasons done in Ireland 3ly The very Acts of Pacification between both Kingdoms the solemn League and Covenant passed this Parl. here in Scotland too which do specially reserve the Tryals of all Traytors and Delinquents of either Kingdom to the Tryal and Judicatory only of their own Parliaments and Realms have for ever provided against this vain pretence and secured not only all Scotish Peers but Commoners too against any Tryals here by vertue of this Act for Treasons done in Ireland Therefore I shall give it no further Answer The last Objection I can think of is this That in every Case of Treason or Felony new made by Statute the Lords of Parliament in England shall have their Tryal by their Peers saved not withstanding the Statute provides not for it by express words so that provisoes of Tryal by their Peers inserted into them in such Cases are but idle and ex abundanti because it is provided for both by the Common law and by Magna Charta it self c. 29. and so was it adjudged in the case of the Lord Hungerford heretofore and in the Earl of Castlehavens Case of late for Buggery upon the Statute of 25 H. 8. c. 6. Stamfords Pleas of the Crown f. 152 153 Cromptons Iurisdiction of Courts f. ●9 Therefore the Tryof Irish Peers by their Peers shall be likewise saved to them within this Act though it be not expressed as well as the Tryal by Peers is to English Peeers by expresse Provisoe I answer First that this rule holds generallie true in all Cases of new Treasons and Felonies where the offences only are made capital or punishable according to the antient usual and ordinarie proceedings of Law and the manner of the Tryal of them left at large and not preciselie limited how and by whom they shall be tryed As they are in the objected Cases upon the Statutes of 25 H. 8. c. 6. 5 Eliz. cap. 17. concerning Buggery where the words are That this Vice shall be adjudged Felony and that such order and form of Process shall thereupon be used against the Offenders as in Cases of Felony at the Common law and that the Offenders being thereof convicted by verdict confession or Outlawry shall suffer pain of death c. which words without the least contradiction stand as well with Tryal of Peers who are guilty of it by their Peers alone as of Commons by a Jury they being both according to the order of our Common law and a verdict by Peers is as properlie stiled a verdict in Law as a verdict by Jurie witnesse 1 H. 4. 1. and Cooks 3 Institut ch. 2. p. 30. But in the Statute of 35 H. 8. there is no creation or introduction at all of any New Treasons but only an introduction of a new form and way of Tryal for Treasons formerly made and declared such then done or hereafter to be committed out of this Realm and that new form of Tryal precisely limited in all particulars and especially enacted to be by an ordinary Iury except onlie in Case of our English Peers Therfore this Statute comes not at all within the Objection because it particularlie defines the place where the Judges before whom the Juries by whom with the whole form and manner how such forein Treasons shall be tryed with all other circumstances of the Tryal and expresly prescribes That all but English Peers indicted for forein Treasons shall be tryed by good and lawfull men of the Shire where the Kings Bench or Commissioners sit Therefore to alter this form of Tryal precisely prescribed by this Statute by introducing a new Tryal by Irish Peers is to run quite cross against and elude repeal this Sta●ute as I have argued and proved at large I have now quite done with my Argument of this new untroden Case and I hope therein sufficiently manifested that this Plea of the Prisoner is invalid and such as ought to be over-ruled in point of Law And therefore as he hath been sent for over from Ireland by the wisdome and Justice of our Parliament and by the Lords Justices and Councel there transmitted hither to receive a just and speedy Tryal at this Bar for his bloody Treasons which there in respect of the

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