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 tà m praeâ—lare â—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 Quâ—â— distincte in Rotulum redactas decommune consilio omnium fidelium nostrorum vobis mittimus signatas sigillo Domini Guâ—â—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 appenâ—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 mâ—ipso apud Westm. 8 die Maii anno 12. In Cooks 3 Instit. f. 141. b. 4 Instit. p. 3â—9 b. in 18 H. 3. Rot pat m. 17. n. 21. There is mantion made of Consuetudines Leges Regâ—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
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 Quadragâ—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 deâ—uncto jam celebris memoriae Domino H. Rege paâ—re nostro cujus animae propicietur altissimus ad nos Regni Angliae gubernacuâ— et terrae Hibern Dominium perâ—ineant ob quod Praelati Comites Proâ—eres as Communitâ—s Regni nostri nobis tanquam Domino suo ligio et Regi fidelitatâ—s Juramentum omnia alia quae nobis rations Coronae dignitatis Regiae ab ipsis fieri praestari nobis in absentia nostra poterunt plenariè sine omissione aliqua prompto libenâ—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 â—estrum qui praesens fuerunt nichilominus plenariam habeat potestatem recâ—pâ—endi nomine nostrâ— fidelitatem ipsorum in forma praedictâ— Et ideo vobis mandamus quod fidelitatem praedictam nomine nostro recipiatis prout melius videbitis expedire In cujuâ— c. Dat. per manum W. de Merton Câ—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 Parliamentâ— 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
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 Heiâ—â—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 Parliameâ—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 maâ— 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
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. â— 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
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 Angliaeâ—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 Juniiâ— If Englishmen outlawed in England could not by the Law and Custome of Ireland be taken upon a Câ—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. â—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 Staâ—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
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 perpetrated 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 a principal Contriver of the last Irish Rebellion 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 there upon tried condemned executed as a Trayur Wherein are comprised many other particulars and notable Records relating to the Laws Peers Statutes affairs of Ireland not obvious in our Lawbooks and worthy publike knowledge By William Prynne Esq a Bencher of Lincolnes Inne Numb. 35. 31 33. Ye shall take no satisfaction for the life of a Murderer which is guilty of death but he shall be surely put to death So ye shall not pollute the land wherein you are for bloud de fileth the land and the land cannot be cleansed of the bloud that is shed therein but by the bloud of him that shed it LONDON Printed by J. Leach for the Author 1658. TO THE Ingenuous Readers ESPECIALLY Professors Students of the Laws of England and Ireland HAving lately published a much enlarged Edition of my Plea for the Lords and House of Peers wherein the undoubted antient Birthright of all English Lords and Barons to sit vote and judge in all Parliaments of England and their tryal by their Peers is irrefragably vindicated by Histories and Records in all ages and larger Discoveries made of the Proceedings and Judicature in our Parliaments in Cases as well of Commoners as Peers than in all former Treatises whatsoever I apprehended it neither unseasonable nor unprofitable to publish this Argument at Law concerning the Trial of Irish Peers for forein Treasons acted by them made by me near 14 years past in the Kings bench Court at Westminster in the Case of Connor Magwire an Irish Baron there indicted for High Treason in having a principal hand in the late bloudy Rebellion in Ireland against whom I was by special Order assigned Counsel among others by the Parliament then sitting upon whose Plea and a Demurrer there unto I first argued this new point in Law never formerly disputed adjudged in open Court Whether an Irish Peer for Commoner committing Treason in Ireland sent over from thence into England against his will might be lawfully tryed for it in the Kings Bench at Westminster by a Middlesex Jury and outed of his tryal by Irish Peers of his condition by the Statute of 35 H. 8. c. 2 After two solemn Arguments at the Bar by my self and Serjeant Rolls against and Mr. Hales and Mr. Twisden for the Prisoner and Mr. Justice Bacons Argument on the Bench his Plea was over-ruled adjudged against him it being resolved he might and ought to be tried only by a Jury of Middlesex not by his Peers of Ireland Whereupon he pleading Not guilty to his Indictment was tried by a Substantial Jury to whom he took both his peremptory and legal challenges which the Court allowed him of right and after a very fair and full trial was found guilty by the Iury upon most pregnant evidence and then condemned executed as a Traytor at Tyburn as he well demerited The Reasons inducing me to publish this Argument were 1. The near affinity and cognation it hath with my Plea for the Lords 2ly The Novelty Rarity of the Subject and points debated in it not formerly discussed at large in our Law-books 3ly The generality and publike concernment thereof extending to all Irish Subjects whether Peers or Commons and so worthy their knowledge perusal and of all publike Officers in Ireland especially Lawyers 4ly The prevention of Misreports of this case and Argument in this age wherein many Arguments at Law and Reports of Cases have been lately published by Inâ—udicious hands mistaking mangling or misreciting the Reasons Records Lawbooks cited both at Barr and Bench and sometimes the Cases Iudgements themselves to the prejudice seduction of young Students of the Law and scandal of the Law it self 5ly The importunitie of some Friends who formerly desired Copies thereof from me when I had no leisure to furnish them therewith 6ly The Vindication declaration both of the Parliaments and Kings Bench honorable resplendent equal untainted Justice against this Arch-Irish-Traytor and Rebel and that in these particulars 1. In trying this notorious Offendor guiltie of the horridest universallest Treason and Rebellion that ever brake forth in Ireland and that in a time of open War both in Ireland and England only by a Legal Indictment and indifferent sworn Jury of honest and lawful Freeholders according to the known Laws and Statutes of the Realm not in a Court Marshal or any other New-minted Judicature by an arbitrarie summarie illegal or martial proceeding without any lawful presentment indictment or Trial by a sworn impartial able Iury resolved to be diametrically contrary to the fundamental Laws Customs Great Charters Statutes of the Realm and inherent Liberty of the Subject especially in time of Peace when all other Courts of Justice are open and of very dangerous consequence and thereupon specially prohibited enacted against as you may read at leisure in the Statute of 5 R. 2. Parl. 1. ch. 5. Rot. Parl. n. 57. 2 R. 2. rot Parl. n. 57. 1 H. 4. rot Parl. n. 44. 2 H. 4. rot Parl. n. 89. The Votes of the House of Commons and Lords against it May 7. 1628. the Petition of Right 3 Caroli Mr. Cambdens Annals of Qu. Elizabeth p. 242 243. Cooks 3 Instit. p. 52. 124. and accordingly declared by the Commons House in their a Remonstrance of the State of the Kingdom 15 Decemb. 1641. and by the whole Parliament and most now in power in the case of the Lord Mount-Norris whose trial and capital condemnation in a Court Marshal in Ireland by Martial Law in time of peace without a lawful Indictment and Trial by his Peers in a summarie way by the Earl of Straffords power then Lord Deputy of Ireland was one of the principal b Charges evidences against him to make good his general impeachment of High Treason for which he was condemned and beheaded on Tower hill for a Traytor by judgement and Act of Parliament Namely That he had TRAYTEROUSLY endevoured TO SUBVERT THE FUNDAMENTAL LAWS AND GOVERNMENT OF THE REALM and instead thereof TO INTRODUCE AN ARBITRARY TYRANNICAL GOVERNMENT AGAINST LAW though this Lord was not executed or put to death by that Sentence against him Which if executed had been WILFULL MURDER both in his JUDGES EXECUTIONERS as Sir Edward Cook resolves
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 deâ— 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 Canterbuâ—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 thoughâ— 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 quoâ— 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 â—â—â—dict Comitiâ—de vita et membris et obsidibus et vadiis et plegiis Teste meâ—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 Paâ— 5 E.
3. pars 1. m. 25. Cl. 35 E. 3. m. 36. Claus. 36. E. 3. m. 42. dors Claus. 42 E. 3. m. 6. dors 13 Whence Giraldus Cambrensis who went along into Ireland with King Henry the 2d and with his son john when made King thereof by his Father who made the first and fullest description of it and its Conquest and of the manners qualities of the Irish of any of our Historians gives this Character of them and their deportment towards the English in that age l Praeomnt alia gente Proditionibus semper insistunt fidem datam nemini servant fidei et Sacramenti Religionem quam sibi semper servari summopere volunt aliis praestitam quotidie violarenec verecundantur nec verentur unde et cum cautelas omnes observaveris adhibueris cum securitati indemnitati tuaetam Sacramentis et obsidibus quam amiâ—itiis firmiter junctis beneficiis multimodè collatis modis omnibus invigelaveris tunc primo timendum est tibi quia tunc praeâ—ipuè ipsorum vigilat malitia cum ex securitatis abundantia te tibi praesenserint non invigilare Tum demum ad arcem nequitiae tum ad assueta fallaciae telae confugiunt ut sumpta securitatis occasione laedere valeant vel improvisum He subjoins Inter alia multa artis iniquae figmenta hoc unum habent tanquam praecipuum argumentum and ô that too many English as well as Irish were not guilty of this transcendent Treachery and Hypocrisie Sub religionis et pacis obtentu ad sacrum aliquem locum conveniunt cum eo quem oppetere cupiunt primo compaternatis foedera jungunt Deinde ter circa Ecclesiam se invicem portant postmodum ecclesiam intrantes coram altari reliquiis Sanctorum sacramentis multifarie praestitis demum missae celebratione et orationibus Sanctorum sacerdotum canquam dispensatione quadam indiâ—â—olubiliter faederantur Ad ultimum vero ad majorem amicitiae confirmationem et quasi negotii consummationem sanguireÌ„ sponte ad hoc fusum uterque alterius bibit Hoc autem de ritu Gentilium adhuc habent qui sanguinem in firmandis faederibus uti solent O quoties in ipso desponsationis hujus articulo A VIRIS SANGUINUM ET DOLOSIS tam dolose inique funditur sanguis ut alteruter penitus maneat exanguis O quoties eadem hor a et in continenti vel sequitur vel praevenit vel etiam inaudito more sanguinolentum divortium ipsum interumpit desponsationem Adeo proditionis pestis hâ—c invaluit et quasi radices pouit adeo in naturam converti praevalet pravae consuetudinis longus abusus adeo a convictu mores formantur et qui tangit picem coniâ—quinabitur ab ea adeo mali vis magna est quod etiam advenae eodem vitio inquinati sunt He adds in another place m Ad resistendum Anglis et antiquae libertatis sub capitum discrimine iura tuendum unanimi voto conspirant Et ut hunc plenius affectum deducere possint ad effectum vinctis undique faederibus de novo fiunt ex hinc amici qui antea fuerunt inimici All which we find verified of them in this last rebellion and massacre of the English for which this prisoner was indicted and executed So as we may well conclude of the Irish in his ensuing words n Nationis subdolae longè fortius timenda est arâ— quam Mars pax quam fax mel quam fel ma litia quam militia proditio quam expeditio amicitia praefucata quam inimicitia despicata 3ly The Readers may here in part discern by whom and in what manner the Laws of England were first established in Ireland and how farr and to what persons there to which I shall add this passage of o Mat. Paris An. 1172. touching K. Henry the 2. his setling our Lawsthere Rex Pater antequam ab Hybernia rediret apud Lissemor Concilium congregavit Ubi Leges Angliae ab omnibus sunt gratanter acceptae et juratoria cautione praestita confirmatae With that of p Syâ—vesterâ—â—aâ—â—us who â—â—â—â—â—ing the Constitutions made at the Council of Cassils in Ireland under this King Henry for the Government of the Church and â—eformation of the manners of the Irish there recorded at large concludes thus Itaque â—mâ—â—â— divina ad instar sacrosanctae Ecclesâ—e Iuxta quod Anglicana observat Ecclesia in omnibus partibus Hyberniae amoâ—o traâ—â—â—â—tur Dignum etenim sust issiâ—â—m est ut sicut Domâ—nium et Regâ—m ex Anglia sortita est divinitus Hybernia sic etiam EXINDE vivendi formam reciâ—iâ—â—nt mâ—liâ—â—em Ipsi namque Regi magnifico tam Ecclesia quam Regnum Hyberniae debent quicquia de bâ—nâ— pacâ—s â—i incremento Religionis hactenus est assecuta After which the Irish rebelling and casting off the English Laws q King John Anno Dom. 1211. arriving at Dublin with a great Army Occurrerunt ei ibidem plusquam viginti Reguli illius Regionis qui omnes â—imore maximo perterriti â—â—mâ—gium illi fidelitatem fecerunt Fecit quoque Râ—â—ibidem construere Leges et Consuetudines Anglicanas ponens Vicecomites et alios Ministros qui populum Regni illius juxta Leges Anglicanas judicarent â—o â—â—â— r in the English Pale and territories reduced into Counties and under the Kings dominion as Matthew Paris and others story Fourthly the Readers and our whole Nation may hereby and herein discover for their present and future information the provident care and prudence of our English Parliaments in all former ages to secure the lives and inheritances of all English Freemen and Irish Subjects against all arbitrary tyrannical Power and proceedings whatsoever even in cases of pretended or real Treasons and the highest capital offences by providing and enacting from time to time that not only all English Freemen but all other Irish or outlandish persons accused of any High Treasons misprisions or concealments of Treasons committed by them either within or without the Realm of Engl. should be impeached of and arraigned for the same only upon a legal Presentment or Indictment first found against them by a Iury of good and lawful men upon their oathes and after that tried for the same by another legal Iury of 12. honest and substantial indifferent Freeholders upon their Oathes or by the lawful judgement of their Peers if English Peers and not for judged of life or limb nor outlawed exiled put to death passed upon or any way destroyed but only by the lawfull judgement of their Péers according to the due course of the Common Law and not otherwise â—â— the Grand â—harter of King Iohn the statute of Magna Charta ch. 29. in 9 H. 3. 25 E. 1. c. 1. 28 E. 1. c. 1. 5 E. 3. c. 9. 20 E. 3. c. 2. 25 E. 3. c. 2. of Treasons 28 E. 3. c. 3. 42 E. 3. c. 3. 2R 2.
rot Parl. n. 57. 1 H. 4. rot Parl. n. 44. 2 H. 4. n. 60 89. 2 H. 5. c. 6. 20 H. 6. c. 9. 22 H. 8. c. â— 23 H. 8. c. 13. 26 H. 8. c. 13. 28H 8. c. 7 10 18. 31 H. 8. c. 8. 14. 32 H. 8. c. 4 35. 33 H. 8. c. 12. 20 21 23. 35 H. 8. c. 2 3. 1 E. 6. c. 12. 5. E. 6. c. 11. 1 Mar. c. 6. 1 2 Phil. Mar c. 10 11. 1 Eliz. c. 1. 6. 5 El. c. 1. 13 El. c. 1. 14 El. c. 1. 18 El. c. 1. 23 El. c. 1. 27 El. c. 2. 3 Jac. c. 2. the Pitition of right 3. Caroli with sundry other Statutes enact and Å¿ all our Law books resolve so that no mans life whatsoever can legally be hazarded or taken away for any real or pretended Treason or capital crime without a double Jury the verdicts of 24 sworn good honest men at the least or more or by a Grand Iury and 12 or more Peers of the Realm if an English Peer and in case of Forrai ners by a Jury of 6. English and 6. of their own Countrey-men if so many may be found fit to be retorned of a Jury to avoid partiality which seconded must be with the Judgement of one or more sworn Judges setting on the Tribunal of Justice Which treble Bulwork and grand fundament I security of all English Freemens and others lives Inheritances Families Estates against all unlawfull Conspiracies Practises Combinations subordinations of Witnesses machiavilian Policies and arbiâ—rary tyrannical Powers proceedings whatsoever especially in perilous treacherous times if once undermined subverted or interrupted by arbitrary Courts-Martial Committees or any other new erected Tribunals by what names or specious pretences whatsoever of publick safety danger or necessity what sad effects it would soon produce to the endangering yea losse of the Lives Inheritances Fortunes of the most innocent best-deserving Persons and real Patriots of their Countries Laws and Liberties through the power policy confederacy covetousnesse ambition reveng malice emulation suspition tyranny injustice partiality self-interests of suborned perjured Witnesses or despitefull powerfull Prosecutors Accusers and of unrighteous packed partial prae-ingaged Judges admitting no legal Pleas against their exorbitant Jurisdictions no legal challenges to their petsons nor appeals from their unjust sentences though capital without any clear testimony to prove them guilty and worthy of death by our known Laws all Lovers of their own Families Friends Neighbours Liberties Lives Estates or the publick safety may eafily resolve not only from sundry experiments and t Histories in former and late ages over-tedious to recite but by the memorable Presidents of innocent Nahoth recorded for this purpose in sacred Writ 1 King 21. and of the Pro Zechariah 2 Chron. 24. 20 21. 22. compared with that of Psal. 94. 20 21. shall the Throne of inquity have fellowship with thee which frameth mischief by a Law They gather themselves together against the Soul or Life of the Righteous and condemn the innocent Blood with Ezech. 22. 6 9 12 27. I say 59. 6 7. Behold the Princes of Israel every one were in thee to their power to shed blood In thee have they taken Gifts to shed blood Her Princes in the midest thereof are like Wolves ravening the prey To shed Blood and to destroy Souls that is the u lives of innocent men under a pretence of Law Justice for pretended crimes Treasons to get dishonest gain their wayes are wayes of iniquity the Att of VIOLENCE is in their hands their feet run to evil and they make hast to shed innocent blood their thoughts are thonghts of iniquity wasting and destruction are in their paths there is no Judgement or Justice in their goingâ— they have made them crooked paths Parallel'd with Jer. 22. 17. But thine eyes and thine heart are not but for thy covetousness and for to shed innocent blood and for oppression and violence to do it Such Monsters of Injustice rapine oppression violence against all Laws of God and Man do Kings Princes and great men degerate into even among Gods own people when they break down the Pales and Fences of publique Laws and Justice made for their Subjects preservation and let loose the reines to arbitrary goverment and lawless proceedings to shed their blood or confiscate their Estates supplant and ruine their posterity in a seeming way of Justice The consideration of which sacred Texts and Presidents should both caution and engage all future English Parliaments the whole Nation and every individual member thereof for ever to abandon and abominate such irregular Judicatures and extravagant proceedings and not to give the least countenance or incouragement thereunto especially after this memorable President of the Lord Magwire and our many years late contest in Parliament and bloody encounters in the field to maintain the fundamental Laws Privileges and good Customes of this Kingdome whereof the Tryal of men by a lawfull Indictment Jury and verdict of their Peers is the principal whereby not only the Supream authority but the peoples security of lives Lands Livings and Privileges both in general and particular are preserved and maintained and by abolishing or alteration of the which it is impossible but that present confusion will fall upon the whole state and frame of this Kingdome as King James himself and the whole Parliament long since resolved in the Act of 1 Iacob ch. 2. and without the full possession of which fundamental Rights Laws and liberties we can have little hopes as to humane Considerations to enjoy anie comfort of life or so much as life it self but at the pleasures of some men ruling méerite by will and power as the General Officers and Army themselves have long since published and declared to the Parliament and world in express words in their x Declaration and Representation humbly tendred to the Parliament concerning THE JUST FUNDAMENTAL RIGHTS LIBERTIES OF THEMSELVES THE KINGDOME Iune 14. 1657. which they may do well to remember and pursue In prosecution whereof in the Heads of Proposals agreed upon by his Excellency and the Councel of the Army to be tentred to the Commissioners of Parliament residing with the Army containing the particulars of THEIR DESIRES in pursuance of their former Declarations and Papers August 1. 1647. Proposal 10. they desired That the Rights of the Commons of England might be cleared as to A DUE EXEMPTION from any Iudgment Tryal or other Proceedings against them by the House of Peers without the concurring Judgement of the House of Commons As also FROM ANY OTHER JUDGEMENT SENTENCE OR PROCEEDING AGAINST THEM OTHER THAN BY THEIR EQUALS OR ACCORDING TO THE LAW OF THE LAND Which how inconsistent it is with all Military and summary proceedings in all new Courts Committees or Commissions since erected I refer to their own Consciences and Iudgements to resolve 5ly The Readers may hereby discern that Errors themselves in the Courts
of Ireland with other grievances could not antiently be redressed in the Parliaments thereof but * only in England till 29 E. 3. as is evident by this memorable hitherto unprinted Record made for relief in such Cases * Rex Justiciario Cancellario suis Hiberniae salutem Ex parte nonnullorum fidelium nostrorum Communitatis terrae nostrae Hiberniae Nobis est graviter conquaerendo monstratum ut cum ipsi dampna gravamina quamplurima à magno tempore sustinuerint ex hoc quod ipsi terras tenementa sua in manum nostram per Ministros nostros terrae praedictae cum nomine districtionis cum ex causa transgressionis sive alienationis sine licentia nostra factae voluntariè absque causa rationabili capta extra manus nostras licet ritè processu debito inde penes vos alios de Consilio nostro in partibus illis juxta legem consuetudinem terrae praedictae prosecuti fuissent * recuperare non possunt Et etiam ex hoc quod ERRORES qui in Recordis Processibus placitorum coram Justiciariis nostris aliis Curiis Placiis in eadem terra quae Recordum habent habitis in redditionibus judiciorum placitorum eorundem intervenisse praetendantur in Parliamentis in eadem terra corrigi neqeunt nec alias justicia inde fieri sine remedio in Anglia querendo propter quod quidam propter labores expensas circa praemissa oppositas ad maximam miseriam inopiam deducuntur quidam omnino exhaeredati existunt unde iidem fideles nostri Nobis cum instancia supplicarunt ut super praemissis remedium congruum apponi faciamus Et quia videtur Nobis Consilio nostro durum esse et grave quod conquaerentes super assecutione Justiciae de iniutiis sibi illatis in partibus praedictis taliter absque remedio fatigerentur per quod pro quictae et indempnitate populi nostri in terra praedicta sub nostro regimine existentis cui in exhibitione Iusticiae sumus debitores ordinavimus quod de omnibus terris tenementis in terra pradicta per Justiciarios Escaetores seu quoscunque alios Ministros nostros sub Sigillo nostro in manum nostram â—aptis illis qui pro eisdem terris tenementis extra manum nostram debito justo processu coram vobis prosequi voluerint super hoc plena Justicia secundum legem et consuetudinem terrae nostrae Angliae of dictae terrae nostrae Hiberniae fiat quibuscunque mandatis nostris * sub magno vel privato sigillo nostro Angliae vobis aut aliis Ministris in terra praedicta ante haec tempora directis non obstantibus Et quod ad prosecutionem omnium singulorum qui conqueri voluerint errores in recordis vel processibus coram aliquibus Justiciariis seu aliis Ministris praedictis intervenisse Rotuli eorundem Recordorum Processuum in Parliamentis nostris in eadem terra tenendis per Justiciarios seu Ministros coram quibus Recorda Processus illa fuerint deferantur et ibidem eadem Recorda et Processus diligenter recitentur et examinentur et errores si quos in eisdem inveniri contigerit debite corrigantur Et ideo Vobis mandamus quod Ordinationem praedictam in terra nostra praedicta teneri partibus conquaerentibus plenam celeram Justiciam fieri faciatis in forma predicta quibuscunque mandatis vobis aut aliis in terra praedicta ante haec temporae in contrarium directis nonobstantibus Ita quod aliquis materiam non habeat Nobis pro defectis Justiciae super casibus praedictis de caetero conquaerendi Teste Rege apud Westm. 30 die Augusti Per ipsum Regem et Consilium If then the King and his Counsel in England might thus by this their Ordinance made in England without a Parliament redress these grievances and faylers of Justice in cases only of private concernment in Ireland it self formerly examinable and remediable only in England for the ease and benefit of the loyal Subjects not of Irish Enemies and Rebels there much more may the King and Parliament of England for the preservation of the Kings Crown interest and of the lives inheritances of all his loyal Subjects there and securing the peace of Ireland enact and ordain that all Irish Rebels Traytors committing High Treason and taking up Arms against the King and destroying his Liege people there especially in times of universal Rebellions and Insurrections shall be sent over thence and tryed for the same in England by a sworn Jury of lawfull indifferent Englishmen in the Kings Bench be they Commons or Peers of Ireland without any injury or injustice Thus submitting this Argument to the candid censure and friendly embracement of every judicious Reader and craving a share in his Prayers for Gods gracious blessing both on me and it I leave it to the Readers immediate perusal without further Prologue From my Study in Lincolns-Inne June 19. 1658. on which day of the Month 1637. I was taken * Pro confesso by the Star-Chamber Lords upon a pretended contempt in REFUSING TO ANSWER when as themselves refused to give me leave to plead or answer and rejected the Answers tendred in Court under my own and my Councels hand to the Information there exhibited against all Rules of Law Iustice and of that very Court William Pryn. THE ARGVMENT OF WILLIAM PRYNNE of Lincolns-Inne Esq Hill 20 Car. Banc. Regis IN THE Case of the Lord Cannor Magwire Baron of Ineskellin in Ireland the chief contriver of the late Irish Rebellion and Massacre of the Protestant English against whom he was assigned Councell by both houses of Parliament COnnor Magwire by the name of Connor Magwire of London Esquire was in Michaelmas Tearm last Indicted in this Court for several high Treasons committed by himself together with Hugh Mac-Mahon and divers other Conspiratours and false Traytors against our Lord the King within the Realm of Ireland in partibus transmarinis on the 23 day of October 17 Caroli Upon his Arraignment at this Bar after not guilty pleaded being demanded how he would be tryed he put in this special Plea as to the particular manner of his Tryall only under his Councels hand That by the Statute of Mag. Charta it is enacted That no freeman ought to be imprisoned c. Nor will we passe upon him but by the lawful Iudgement of his Peers or by the Law of the Land That after this in a Parliament held at Droghedah in the Kingdome of Ireland in the 10th year of King Henry 7th it was enacted That all Statutes late made within the Realm of England concerning or belonging to the Common an a Publique weal of the same from thenceforth should be deemed good and effectual in Law 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 Sâ—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. â—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 â—H 5. c. 8. 4 H. 5. c. 8. 4 H. 5. c. 6 Cooks 3 instit. p. 1â— 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 Mâ—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. â—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 Inâ—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 â—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 presentâ—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 â—â— 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
within the limits of this Realm c. Addes this memorable clause thereto Considering then this Statute made in the Realm of England is most beneficial and expedient to have due execution within the Kings Land and Dominion of IRELAND especially in respect of the high rebellion here lately committed that the odible infamy against the King and Queen in the same Act expressed and other offences abuses and abominations there mentioned principally have been promulged pronounced done and attempted within this said Land Be it therefore established ordained and enacted by authority of this present Parliament that the aforesaid Statute and Ordinance and every thing and things therein conâ—ained be established confirmed acceâ—ted deemed iudged and taken for a good and right Law within the Kings Land and Dominion of IRELAND and to be as good effectual and of the same strength and quality effect force and vertue to all intents and purposes within the said Land as the same is or ought to be in the Realm of ENGLAND and that the said Statute and Act made in ENGLAND and every thing therein contained shall have relation and take effect within this Land of IRELAND against all offendors contrary to the form thereof c. Now that Act of 26 H. 8. c. 13. with this of 35 H. 8. c. 2. being principally made and intended for the Treasons done and committed in Ireland as this Irish-Parliament resolves in terminis and being most beneficial and expedient for that Realm it wou'd be very illegal yea irrational absurd impolitick and improvident to exclude Ireland out of this Law where Treasons were most frequent most dangerous to out Kings and Realm and to extend it only to other places out of the Realm where Treasons were seldome done or perpetrated and nothing so perilous to the King and Realm of England as Treasonâ— Rebellions in Ireland have usually been in former and later ages 3ly It hath been adjudged by all the Judges of England both in * Orourks case 33 Eliz. and in Sir John Parrets case 24 El. cited in Calvins case Cooks 7 Report f. 23 a. in his 1 Institutes on Littleton f. 26. b. 3 Institut p. 11 24. and so was it agreed without any argument in Hugh Macâ— Mahones case this last Michaelmas Term the Pâ—lâ—oâ—eâ—â— Confederate in this horrid Treason that Treason committed in Ireland it self by an Irish Commoner is tryable in this Court by this very Statute contrary to the subâ—tane extrajudicial opinion of Dyer M. 19 20 Ellâ— fol. 360. resolved since to be no Law Seing then it hath been thus frequently resolved heretofore and in case of the Treasons now in question this very last Term without any scruple That an Irish-Commoner committing Treason in Ireland and brought over from thence hither against his will is tryable in this Court by a Middlesex Jury there is no doubt at all of the first question but that this Statute extends to Treasons committed in Ireland by Irish Commoners and the doubt if there be any will rest meerly in the second point which I am already arrived at Namely Whether this Act extends to Treasons perpetrated in Ireland by Irish-Peers as well as by Irish Commoners And under correction I conceive with much clearness that it doth for the sâ—â—â—suing reasons 1. From the generallity and universality of the Act it self wherein I shall observe a four-fold universality which supplies me with four undenyable arguments to prove Irish Peers within this Law as well as Irish Commoners The first is a universality of the Kinds of offences specified in the Act in these general Terms All manner of offences being already mad or declared or here after to be made or declared by any the Laws or Statutes of this Realm to be Treasons misprisiion of Treasons or concealment of Treasons done or perpetrated out of this Realm of England shall be enquired of by the Kings Iustices of his Bench c. Now these general words All manner of offences c. must necessarily extend to all manner of Treasons perpetrated or committed out of this Realm by Peers as well ar Commoners To the Treasons of the Lord Magwire as well as to the Treasons of Mac Mahone Esq they being the selfsame Treasons in substance and a manner of Treasons specially made and declared by the Laws of this Realm since there are no restrictive words to confine these general clauses of Treasons only to Commoners and no expresse exception for the offences or Treasons of Irish Peers to be found within the Statute else there would be a repugnance and contradiction between the text and the Gloâ—â—e and this general should be turned into a specifical in respect of the Traitors offending Therefore this general clause extending to all Treasons whatsoever done or perpetrated out of the Realm must necessarily extend to the Treasons of all Irish Peers as well as Commons and so both of them by the words and intention of this Law shall be triable in this Court The second is a universality of time All manner of offences already made or declared or hereafter to be made or declared Treason c. done perpetrated or committed or hereafter to be done perpetrated or committed shall be enquired of by the Kings Iustices of the Bench c. which extends to all former Treasons done out of the Realm at any time before the making and to all future Treasons since the passing of this Act Now this universality of time extends as well to the Treasons of Irish Peers as Commoners to the Treasons of Baron Magwire as well as of Mr. Mac-Mahone both being alike Treasons committed after this Act The 3d. is a * universality of place All manner of Treasons done perpetrated or committed out of this Realm of England that is in any place whatsoever out of the Realm of England be it in Ireland Scotland France Spain Germane Italie Barbary Turkie the East or West Indies as was resolved in Dr. Stories case Hil. 13 Eliz. Dier 298 b. â— 3. Phil. Mar. Dier 131 132. Now this extends generally to all forein Treasons committed by Peers as well as Commons and so to the Treason of the Prisoner at the Bar it being done in Ireland out of this Realm of England and so fully within the Act The 4th which is fatal and unanswerable is a universality of Persons coupled together with all the 3 former generalities in these expresse words All manner of offences made Treason c. done perpetrated or committed By any Person or Persons out of this Realm of England shall be from henceforth inquired of heard and determâ—â—eâ— before the Kings Iustices of his Bench c. Now any Person or Persons being a universal expression equivalent to all manner of Persons whatsoever Collectively or to all and euery Person whatsoever distributively extends to Irish Peers as well as Commoners yea to all Subjects of all Ranks whatsoever within the compasse of this Law in regard of the manner of
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. â— 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 oâ— such Commissioners as the King shall appoint under the great Seal 3ly The Jury-men by whom they shall be tâ—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 â—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 piâ—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 committâ—â— 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 puncâ—…e defiâ—ed and than is by a Jurie of Middlesex To all intents and purposes as if the Treasons for which
in Anglia similiter currant in Hibernia sub vovo sigillo nostro c. Teste meipso apud Woodstock 19 die Septemb. The Patent of King Iohn which this Patent mentions is that of Rot. Pat. 6 Johan Regis m. 6. n. 17. never yet printed Rex c. Justiciariis Baronibus Militibus et omnibus fidelibus suis c. sciatis quod dedimus potestatem Justiciariis nostris Hibernioe quod brevia sua currant per terram nostram et potestatem Hiberniae scilicet Breve de Recto de feodo aimidiae Militis et infra et erit terminus de morte aut post transfretationem Henrici patris nostri de Hibernia in Angliam Et Breve de Nova disseisina et erit terminus post primam Coronationem nostram apud Cant. Et Breve de Fugitivis et Nativis et ejus erit terminus post captionem Dublin Et Breve de divisis faciendis inter duas villas exceptis Bâ—roniis Et ideo vobis mandamus et firmiter praecipimus quod haec it a fieri et firmiter teneri * per â—otam potest atem nostram Hiberniae faciatis Teste meipso apud Westm. 2 Novemb. In the 41 year of his Reign Claus. 41 H. 3. m. 11. dors I find this memorable writ touching the confirmation and Customes of England setled in Ireland by assent of the Prelates and great men thereof Rex Thesaurario et Baronibus de Scaccario Dublin salutem Quia de assensu et vosuntate Praesatorum Magnatum terrae Hiberniae dudum fuit provisum et concessum quod eisdem legibus uterentur in terra illa quibus homines regni nostri utuntur in regno illo et quod eadem Brevia quoad terras tenementa recuperanda currerent in terra illa quae currunt in regno praedicto sicut nostis Et dicta provisio concessio omnibus retroactis temporibus fuerit obtenta approbata miramur quamplurimum quod sicut ex insinuaâ—ione venerabilis patris Thomae Lismor Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetud inem optentam formam Brevium in regno nostro ufitatam Breve subscriptum contra praefatum Episcopum in hac verba E. illustris Regis Angliae primogenitus Vic. Waterford salutem Precipe Thomae Lismor Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmordeglan Kilmordri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismor Episcopum cui Griffinus quondam Lismor Episcopus illa demisit qui in illa se intrusit post mortem Roberti quondam Lismor Episcopi qui inde injuste sine judicio dissesuit Robertum quondam Waterford Episcopum praedecessorem Episcopi post ultimum reditum c. Quia vero dictum Breve tam dissonum est et contra leges consuetudines in Regno nostro optentas formas brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrusionis in terram aliquem post mortem alicujus competat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusor qui jure haereditario vel ratione Ecclesiae suae succedit praedecessori sui in hiis de quibus idem praedecessor fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod siâ—dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praefati filii nostri Teste apud Wynd 27 die Januar. Eodem modo scribitur Alano la Suche Justic. Hiberniae Waleranno de Wellesly sociis suis Justiciariis itinererantibus ut supra In the 5th year of King Edward 3. rot Pat. 5 E. 3. parte 1. memb. 25 It was enacted in a Parliament that year in England amongst other things Quod una eadem Lex fiat tam Hibernicis quam Anglicis excepta servitute Vâ—cagiorum penes Dominos suos c. by a Parliament then holden in Ireland Yet notwithstanding all these Patents Charters Acts the benefit of the great Charter and of the Liberties Laws and Customs of England extended not to all Ireland and the Irish therein dwelling but only to such parts of Ireland as were reduced and divided into Counties and possessed by the English Colonies and to the English men inhabiting in Ireland and such Irish within the English Pale as lived in due subjection and obedience to the Kings of England or were specially endenized by their Parents to them not to the Irish Countries and Colonies which were not reduced into Counties and under the obedience of the Kings of England amounting to more than two third parts of Ireland in extent of Ground who had no benefit of the Laws or Liberties of England but by special Grants and Charters of indenization from the Kings of England which some Septs of the Irish and others purchased from our Kings as Sir John Davis proves at large in his Irish Reports in the Case of Tanistry fol. 37 38 39. and the Records there cited To which I shall add these following Records not mentioned by him fully evidencing this Truth Claus. 37. H. 3. m. 15. Dors. Rex Justic. Hiberniae salutem Monstravit nobis Mamorth Offerthierim Rothericus frater ejus quod Antecessores sui ipse licet Hibernienses fuissent semper tamen firmiter fuerunt ad fidem servitium nostrum praedecessorum nostrorum Regum Angliae ad Conquestum una cum Anglicis faciendum super Hibernienses Et ideo vobis mandamns quod si it a est â—â—â—c non permittas ipsos Mamorth Rodericum repelliâ—â—â— quin possint terras vendicare in quibus jus habent stcut quilibet Anglicus Quia si ipsi Antecessores sui sic se habuâ—runt cum Anglicis quamvis Hibernienses injustum est licet Hibernienses sint quod exceptione qua repelluntur Ibernenses a vendicatione terrarum aliis repellantur Tâ—ste c. By this Record it is apparant that all Irishmen but those whose Ancestors joyned with our Kings in the conquest of Ireland and were loyal Subjects to our Kings had no benefit of the Kings Writs and Laws to claim or recover Lands in Ireland in 37 H. 3. Hereupon divers native Irish men purchased several Patents from our Kings granted out of special grace to enable themselves and their Posterity to enjoy the benefit of the English Laws in Ireland for which I shall cire these few ensuing Presidents instead of many of like nature Pat 17. Johan Reg. memb. 15. together with
before had used or practised in that Realme and therefore the Prisoner shall be tried by an ordinary Jury at this Bar not by his Irish Peers because if he were in Ireland for ought appears yet to me he should not be tried by his Peers there and in both these points the Book in Dyer the only Authority which seems to be strongest against is for me the words whereof are these in English The grand Chancellor of Ireland moved this question to the Queens councel If an Earl or Lord of Ireland who commits Treason in Ireland by rebellion shall be arraigned and put to his trial in England for this offence by the Statutes of 26 H. 8. c. 13. 32 H. 8. c. 4. 35 H. 8. 2 or 3 E. 6. And it was held by Wrey Dyer and Gerrard Attorney General That he could not Mark now their reasons for he cannot have his trial here by his Peers which is a full resolution in point of my third Question agreeing with what I have endeavoured with Arguments to prove and is an unquestionable Truth which I submit to Then it follows Nor can he be tried here by any Jury of twelve mark the reason Not because he is a Peer of Ireland and therefore ought to be tried by his Peers and not by a Jury for that had been full against me and it is now the only knot in queâ—tion but because he is not a subject of England but of Ireland and therefore he shall be tried there which reason extending as well to an Irish Commoner as Peer hath been since adjudged directly false absurd and against the Law both in Orourks Case and in Sir John Parrets Case and since in Mac-mahons Case and Sir Ed. Cook informs us in his Institutes on Lit. f. 261 that Wray himself in Orourks Case where this Opinion of his was vouched did openly disclaim that ever he delivered any such opinion as this but ever held the contrary to it and so it is a misreport in this particular After which the Book concludes thus And it is said that the usage to wit in Ireland to attaint a Peer Is by Parliament and not by Peers which comes full in terminis to what I have last insisted on and I am certain cannot be disproved Wherefore this authority in Dyer as to all that is truth and Law in it is wholly for me in the reason of the Law and against me only in what hath been since adjudged to be no Law I shall close up all with a stronger Case and authoritie than this in question which will over-rule this case and that was in * Trinity Term An. 33 H. 8. in the Kings Bench Edward Lord Gray immediatly before having been Lord Deputie in Ireland was endicted arraigned and attainted of High Treason by an ordinary Jurie in the Kings Bench in England for letting divers Rebels out of the Castle of Dublin and discharging Irish hostages and pledges that had been given for the securing the peace of Ireland and for not punishing one who said the King was an Heretick whilest he was Lord Deputy in Ireland For these Treasons all acted and committed in Ireland through an English Peer he was tried by an ordinary Jury in England by the Statute of 26 H. 8. c. 13. ratified in Ireland by 28 H. 8. c. 7. forecited which secluded him from his tryal by Peers being not saved by these Acts. Therefore a Fortiori shall these Statutes and this of 35 H 8. c. 2. 5 E. 6. cap. 1. made since his judgement exclude this Irish Lord being no English Peer from any tryal by his Peers Finally the Prologue of this Statute coupled with the body thereof puts a period to this question beyond all doubt or dispute For as much as some doubts and questions have been moved that certain kinds of Treasons c. committed out of the Kings Majesties Realm of England cannot nor may by the Common laws of this Realm be inquired 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 c. that all manner of Treasons c. committed by any person oâ— persons â—out of this Realm of England shall be from henceforth inquired of heard and determined by the Kings Iustices of his Bench c. by good and lawfull men of the same Shire where the said Bench shall sit and be kept in like manner and form to all intents and purposes as if such Treasons had been done within the same Shire where they shall be so inquired of heard and determined The sole scope end purpose then of the King and Parliament in this Act being to take away all doubts and questions formerly moved in point of Law touching the tryal of treasons done out of the Realm before the Kings Justices of his Bench and Commissioners in England by a Iury and to make and enact a plain remedy and declaration therein for the future in manner aforesaid I humbly apprehend there can be no doubt nor question now moved whether this Prisoner ought to be tryed by his Peers in Ireland or England for this his most horrid Treason committed out of the Realm of England since this Statute so clearly declares and resolves the contrary in most plaine and positive words The rather because the Kings Patent creating him Baron of Ineskellin under the great Seal of Ireland maketh him only a Peer in Ireland and gives him only a Place and Voyce among the Peers and Nobles of Ireland in the Parliaments of Ireland not in England as he sets forth in his own * Plea in precise terms as the Patent made by King Edward the 4th to Robert Bold created him Baron of Rathtauth in Ireland and constituted him Unum Dominum Baronem omnium singulorum Parliamentorum magnorum Conciliorum nostrorum in terra nostra Hiberniae tenendorum habendum tenendum una cum stilo titulo nomine honore loco et sessione inde sibi et haeredibus suis masculis imperpetuum And as King Henry 8. made Thomas Viscount Rochford by the self-same Patent both Earl of Wiltshire infra regnum nostrum Angliae and Earl of Ormond in terra et dominio nostro Hiberniae only with several clauses of investitures several Habendums and several Creation-monies for each Title and Kingdom And as the Patents of all other Irish Earls Viscounts Lords and Barons in Ireland create and make them Peers only in Ireland not in England as * learned Mr. Selden informs us and their very Patents resolve in terminis And therefore quite exclude the Prisoner and all other Peers of Ireland from any tryal by their Peers in England either by the Proviso or body of this Statute or their Patents which are point-blanck against it And now I hope I have fully made good the point in question with all the several branches of it That this Act extends to Treason committed in
Ireland Yea to Irish Peers as well as to Irish Commoners and that there can be no tryal at all upon it here of an Irish Peer by Irish Peers nor in any place else within England and that only as the Prisoners case is by a Middlesex Jury And so I have finished my assertive part The first and grand objection is that which I meet with in the beginning of this Prisoners plea The Statute of Magna Charta c. 29. That no Freeman shall be taken or imprisoned or disseised of his Freehold c. nor will we pass upon â—or condemn him but by the lawfull judgment of his Peers or by the law of the land which Law and Statute is among others established for a Law in the Kingdom of Ireland there to be put in ure at all times when need is by the Statute made in the Parliament held at Droghedah in Ireland in the 10th year of King H. 7. c. 22. and by vertue of these two Laws he ought to be tryed by his Peers in or of Ireland in this sute against him by and for the King To which I shall give these satisfactory Answers 1. That the Statute of Magna Charta in its original creation and confirmation was made granted to the Archbishops Bishops Abbots Priors Earls Barons Towns and to all the Free-men of this our Realm of England and to them only to be kept in our Kingdom of England for ever whence it is intituled The great Charter of the Liberties of England as the prologue of it resolves The first Chapter thereof is peculiar to the Church of England viz. That the Church of England shall be free and enjoy all her rights and liberties inviolable We have also granted to our Freemen of our Realm of England these liberties under-written to have and to hold to them and their Heirs of us and our heirs for ever So cap. 12. The City of London shall have all her old Liberties and Customs and all other Cities Boroughs Towns and the Barons of the Cinqueports and all other ports shall have all their Liberties and their Customes Cap. 35. One measure of wine c. shall be throughout our Realm Ch. 32. All Merchants if they were not openly prohibited before shall have safe and sure conduct to depart out of England to come into England and to tarry in England as well by Land as by water c. In Cap. 23. All Weeres shall be utterly put down between Thames and Medway and throughout all England and the conclusion C. 37. concerns the Realm of England and Englishmen only Neither doth the * Charter of King John nor that of the 11 of H 3. nor 18 H. 3. m. 17. nu 21. nor of 30 H. 3. nor yet of 13 E. 1. cited in Co. 4 Institutes p. 349 and 350. and in his Institut on Littleton f. 141. establish Mag. Char. at least in relation to all the Native Irish but English alone it being made particularly for the Realm of England and English men and therefore the Prisoner pleads it was setled there only as a Law to be received and put in use in respect of the Irish then living only in the English pale and the Kings loyal Subjects not of any Irish enemies in hostility by the Statute of 10 H. 7. c. 22. but not before and so is Sir Ed. Cooks opinion in express terms in his 4 Institut pag. 35â— By which it is most clear That from King Henry the seconds dayes who first subdued Ireland An. 1171. there were no trials in Ireland of any English or Irish Peers Subjects to our Kings for Treason by their Irish Peers by vertue of Magna Charta till after the Statute of 10 H. 7. which was made but forty six yeers before the Statute of 35 H. 8. between which and this later Law we read not of one trial of any Irish Peer for treason there by his Peers nor yet since that I can find but only one of late by 2 El. c. 1 6. till this very day By which it is most apparent that this tryal by Peers in Ireland a privilege now inficted on was never actually claimed or enjoyed by any Peer of Ireland especially by those in antient emnity and rebellion against our Kings stiled * enemies in the Irish Statutes and English Records before the Statute of 35 H. 8. and so it can be no prejudice nor injustice at all nor breach of Magna Charta to out the Prisoner of it 2ly It may be questioned upon very good Reasons whether the Statute of 10 H. 7. ch. 22. doth consirm this Statute of Magna Charta in Ireland or not at least as to Irish Peers especially those of the old Irish Bloud to whom it relates not as I have proved in the point of trial by Peers and that upon these Grounds First because the words of that Statute are not That all Laws made in England shall be confirmed received and executed in Ireland in all points but That all Statutes late made within the Realm of England concerning or belonging to the Commonweal not Peers of the same shall henceforth be deemed good and effectual in Law and received executed in this Realm of Ireland Now Magna Charta being no Law then late made within this Realm but made at least 271 years before it can hardly without much straining of the words beyond their proper meaning be brought within the compass of this Act though Sir Ed. Cook in his fourth Institutes pag. 351. informs us That Hil. 10 Jac. it was resolved by the two chief Justices and chief Baron that this word LATE in this Act hath the sence of BEFORE and shall not be taken in its proper sence or meaning so that the Act by this construction against the sence of the words extends to Magna Charta and to all the Acts of Parliament made in England not only late but even long before yea many hundred yeers before this Act which for my part under the favour of those Reverend Judges who thus interpret it I hold still disputeable yea erronious and no Law at all especially for these two Reasons 1. Because if any Law introduced and confirmed Magna Charta and the other Laws of England in Ireland it is the Statute of 8 E. 4. c. 1. which confirms the Statute made in England in the Parliament of 6 R. 2. ch. 6. concerning Rapes of which there was some doubt made whether it extended to Ireland and then concludes thus In avoyding of all inconvenience that might happen because of the ambiguity of the said Statute Be it enacted confirmed and ratified by authority of the said Parliament that the said Statute be adjudged and approved in force and strength and may be of force in this Land from the 6th day of March last past and that from henceforth the said Act and all other Statutes and Acts made by Authority of Parliament within the Realm of England be ratified confirmed and adjudged by
Authority of this Parliament in their force and strength from the said 6th day of March So that this Law if any at all confirmed Magna Charta and all the Statutes made by Authority of Parliament in England to be in force and use in Ireland yet only as to the English Irish Subjects under the Kings obedience and none else as I have proved and this Statute of 10 H. 7. which confirms only the Statutes lately made must and doth in truth and reason relate only to the Laws made in England since that Statute of 8 E. 4. c. 1. not formerly there confirmed by that Act so that the Prisoners Plea That Magna Charta was confirmed by 10 H. 7. is but a meer mistake and a void Plea neither are the Judges here bound to take notice of this Irish Act of 8 E. 4. c. 1. unless pleaded by the Prisoner being no Law of this Kingdom and not binding here 2. Because the forementioned Charters of * 6 Joh. 12. and 30 H. 3. c. confirming the use of the Laws of the Realm of England in Ireland did not extend to settle Magna Charta there at least wise not as to the benefit of the natural Irish but to the English and the Irish within the English Pale alone as is agreed by Sir Ed. Cook and in a manner resolved by this Act of 10 H. 7. as the words thereof From henceforth be deemed good and effectual in the Law and over that be used accepted and executed within the Land of Ireland in all points at all times requisite import And if those Charters extended not to Magna Charta which are fuller then this Act I doubt this Law will hardly do it 3ly Admit the Law of 10 H. 7. extends to Magna Charta in some particulars thereof formerly used in Ireland yet it reacheth not to the trying of Irish Peers by their Peers now in question for these ensuing Reasons 1. Because trial of Irish Peers by their Peers in Ireland was never used nor heard of nor is there any one instance to be found before or since Magna Charta till 10 H. 7. which there setled that great Charter for a Law nor from 10 H. 7. till 35 H. 8. nor since that but of late in one case only about twenty yeers since till this instant Now what Littleton notes of the Statute of Merton * Sect. 108. That no action can be brought upon that Statute for a disparagement for that since the making of it it was never seen nor heard that any such Action was brought upon it against the Guardian and if any Action might have been brought upon this matter it will be intended that sometime it would have been put in ure The like shall I say concerning Magna Charta and the trial of Irish Peers by their Peers in Ireland That if the trying of Irish Peers by their Peers had been the common Law of Ireland or if Magna Charta and 10 H. 7. had established it there for a Law it would some time or other have been there put in â—re and some Peers there would have claimed and enjoyed this their priviledge in point of Trial but since it was never yet in use there for ought I finde nor any one can prove before 35 H. 8. I cannot deem it the common Law nor Priviledge of the Peers of Ireland but the peculiar Priviledge of our English Peers both by the common Statute-Law and great-Charter of England and no trial of right incident to Irish Peers as it is to English Therefore this kinde of Trial neither is confirmed to nor intended to be conferred on Irish Peers by Magna Charta which is but a confirmation only of our * common Laws of England and no introduction of any new Law here and so should introduce no new Law there but confirm the common Laws and Customes there formerly used and so the Tryal by Peers is not there setled in respect of the Irish Peers by the Statute of 10 H. 7. Now that which principally confirms me in this opinion is the two special Acts of Parliament made in Ireland in 2 Eliz. c. 1. 6. * already cited which create a special form of tryal of Irish Peers not by their Peers there of Irish blood but by their Peers of that Realm of the English blood alone only in the new Treasons and Premunires specified in and created by those two Acts but in no other Treasons Which clauses had been merely nugatory and superfluous had the Tryal of Irish Peers in Ireland by Irish Peers been the birth-right and known priprivilege of Irish Peers either by the Common law there used or by the Custome of Ireland or by Magna Charta with this Act of 10 H. 7. confirming it It therefore never being the intent of this Act nor of Magna Charta to grant any new privilege or form of Tryal to Irish Peers which they never formerly enjoyed neither the one nor other will sufficiently support the Prisosoners plea nor indulge him any tryal here or there by his Peers of Ireland at least of Irish blood for so horrid a Treason as this Which I hope is a satisfactory answer to this objection since Custome is the best Expositer of all antient Laws as Sir Edw. Cook declares in his Commentary on Littleton sect. 108. f. 81. b. 4ly Admit the Objection true That Magna Charta extends to Ireland by vertue of this Act of 10 H. 7. so far as to give Irish Peers in Ireland though not of the English Pale a trial by their Peers which they had not before its confirmation there yet then I answer That this Statute of 35 H. 8. ch. 2 upon which the Prisoner is arraigned by making all Treasons done and perpetrated in Ireland triable in England when there is just occasion as now there is in this time of a universal horrid Rebellion and in sundry other forementioned respects repeals this Clause of Magna Charta and deprives the Prisoner of the benefit of his Peerage if at all conferred on him by it and the Act of 10 H. 7. Since it is most certain that Statutes made in the Parliaments of England being the supreme Kingdom and Court to which Ireland its Courts are subordinate and whose erronious judgements in their High Courts and Parliaments there were only reversible here in England in the Kings Bench and Parliament of England as is evident by Claus. 7. H. 3. par 2. m. 10. and Claus. 29. E. 3. m. 12. 8 H. 6. rot Parl. â— 69. Cooks 4 Instit. p. 356. Mr. St. Johns Argument at Law at Straffords Attainder p. 58 61. Kâ—ilway f. 202. b. Br. Error 127. Fitz. Nat. Bre. f. 24. Co. 7 Rep. f. 18. a Calvins Case do oblige those of Ireland not only before but ever since 10 H. 7. when Ireland is either particularly named or generally included as is agreed by Rastals Abriâ—gement title Ireland 11 E. 3. chap. 2. and 10 E.
c. 8. 13 14 Eliz. c. 3. 1 2 Phil. Mar. c. 3. 1 Eliz. c. 6. * See Cooks 3 Instit. p. 31. * See 26 H â— c. 13. 1 E. 6. c. 11. * 1 H 7. 3. Co. 7. Rep. Calvins case f. 16 17 23. Cooks Instit. 1. p. 35 Mr. St. Johns Argument at Law at Straffords Attainder p. 61 62. * Mat. Parls An. 1230. Mr. Cambdens Ireland p. 114. to 140. The Annals of Ireland in Mr. Camb. Britan. p. 154 156 157 158 159 160 162 163 164 165 166 167 168 869 170 to 201. See 1 E. 3. rot parl. n. 4 5 6. 6 E. 3. n. 11. 6 E. 3. Parl. 2. n. 3. 7 R. 2. n. 4. 13 R. 2. n. 2. See p. â— * Upon which ground writs of Error lie in the Kings Bench in England to reverse erroneous judgments in the Courts and Parliaments of Ireland Cooks 4 Inst. p. 352. Mr. St. Johns Arment at Law against Strafford p. 58 61. * Dr. Jones others printed Relations concerning the Irish Rebellion Quest 3d. * See Dyer f. 31. 232 298 360. Cooks â— Rep. f. 23. 11 Rep. f. 65. * 21 H. 7. 7 Br Alienation 9. 30 E. 3. 17 Br. Alienation 23 30. * Seldens tit. of Hon. p. 837 840 841. * Cap. 29. See Cooks 2 inst. p. 48 49. * Page 202 to 307. * See my plea for the Lords and House of Peers p. 202 203 to 309. where this is largely proved p. 424. * 3 Instit. f. 30. * 1 El. c. 1. 6 * Par. 1 H. 3. m. 3. * King Hen. being then a Minor and under his Regiment * Mat. Paris Hist. Angl. p. 278. * Claus. 12 H. 3. pars 1. m. 8. * Rot. Pat. 30 H. 3. m. 3. Sir Iohn Davis Irish Rep. p. 37. Cooks 4 Instit. p. 350. 1 Instit. f. 141. b. Mr. St. Iohns Argument at Straffords Attainder p. 55. * Nota. * Mr. St. Iohns argument at Straffords Attainder p. 37 53. Here p. 2. * Rot. pat 8 E. 4. in Cancel Hiberniae Mr. Seldens titles of Honor Booke 2. c. 6. 〈…〉 841. Pat. 21 H. 8. pars 2. 8 Decemb. * Titles of Honor Book 2. c. 6 7. Object 1. Answ * Here p. 32 33 34. * Here p. 3 * Here p. 32 33 34. * See Cook ibid. * Co. 2 Instit. Proem. * Page 30. Object Answ * See Horns Mâ—râ—our of Justices p. 314 315. * See an exact Abrigement of the Records p. 372 379 380. Object 2. Argument 2. Answer * See an exact Abridgement p. 567 568. Cooks 4 Instit. p. 123 124. * Cambdens Ireland p. 111 120 121 199. * See Stamf. l. 3. c. 7. 7 H. 7. 12. Brook Challenge 217. Fitzh. Stathams and Brooks Abridgements and Ashes Table title Challenge * Cooks 3 Institutes p. 27. a See Fitzh. Brook Ash Title Jurors Tryal Enquest b 1 H. 4. 2. 27 H. 8. 22. 13 H. 8. 11 12. Brook Treason 29 33. 10 E. 4 6. Cooks 3 Inst. p. 28 29. 2 Inst. p. 49. c 2 Eliz. c. 1. 6. * Godwins Catalogue of Bishops p. 605 606 232 233. * Though Peers Object 3. * See the Annals of Ireland and Mr. Camb. in Ireland p. 121 to 200. Object 4. * Here p. 40 41. Answer * See here p. 32 to 42. Object 5. Answ Object 6. Answer * See Crokes Rep. p. 264 511 512. Object 7. Answer * See Hov. p. 545 546 550. Walsingham Hist. Angl. p. 48 to 56. Mat. Paris Hist. Ang. p. 417 433 666 667 29 E. 1. Roâ— Claus. dors 10. Claus. 33 E. 1. dors 13. scedula claus. 34 E. 1. dots 10. claus. 10 E. 3. dors 9. 1 Jac. c. 2. 3 lac c. 3. 4 lac 1. Object 8. Answ * Not â— The Star of Ireland prin-Dublin 1621. p. 183.