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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

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