The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne.
         Prynne, William, 1600-1669.
      
       
         This text is an enriched version of the TCP digital transcription A91287 of text R203350 in the  English Short Title Catalog (Thomason E945_5). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A91287
         Wing P4090
         Thomason E945_5
         ESTC R203350
         99863324
         99863324
         115516
         
           
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         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A91287)
         Transcribed from: (Early English Books Online ; image set 115516)
         Images scanned from microfilm: (Thomason Tracts ; 141:E945[5])
      
       
         
           
             The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne.
             Prynne, William, 1600-1669.
          
           [20], 72 p.
           
             printed by J. Leach for the author,
             London :
             1658.
          
           
             Running title reads: The case of the Lord Magwire, Hil. 20 Car. Banc. Regis, &c.
             Annotation on Thomason copy: "May 14th"; "May. 14".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Enniskillen, Connor Maguire, -- Baron of, 1616-1645 -- Early works to 1800.
           Jurisdiction -- England -- Early works to 1800.
           Jurisdiction -- Ireland -- Early works to 1800.
           Treason -- England -- Early works to 1800.
           Trials (Treason) -- England -- Early works to 1800.
        
      
    
       A91287  R203350  (Thomason E945_5).  civilwar no The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawful Prynne, William 1658    37513 198 0 0 0 0 0 53 D  The  rate of 53 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 
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        Sampled and proofread
      
        2007-04 John Latta
        Text and markup reviewed and edited
      
        2008-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
       
         
           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
           
             In●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
             de●
             Justices
             ;
          
           ch.
           5.
           p.
           296
           ,
           297
           ,
           298
           :
           who
           thence
           infers
           ;
           
             Abusion
             est
             (
             de
             la
             Commen
             ley
             )
             que
             JUSTICES
             &
             lour
             MINISTRES
             que
             occient
             la
             gent
             per
             FAUX
             JUDGMENT
             ,
             NE
             SONT
             DESTRUITS
             AL
             FOER
             DE
             AUTRES
             HOMICIDES
             ,
             que
             fit
             le
             Roy
             Alfred
             ,
             que
             FIST
             PENDRE
             ▪
             44
             JVSTICES
             EN
             UN
             AN
             ,
             TANT
             COME
             HOMICIDES
             pur
             lour
             
             FAUX
             JUDGEMENTS
             ,
          
           which
           others
           guilty
           of
           the
           like
           crimes
           (
           especially
           since
           these
           antient
           &
           
             Straffords
             ,
             Canterbu●ies
             ,
          
           with
           the
           
             Ship-mony-Judges
             ,
          
           late
           
             Presidents
             ,
             Impeachments
             ,
             Sentences
             ,
          
           to
           the
           prejudice
           of
           the
           Subjects
           lives
           ,
           estates
           ,
           )
           may
           do
           well
           to
           ruminate
           upon
           .
        
         
           2ly
           .
           In
           assigning
           this
           
             Arch-Traytor
          
           such
           learned
           Counsel
           as
           be
           desired
           ,
           to
           advise
           and
           plead
           for
           him
           in
           this
           Case
           of
           High
           Treason
           in
           all
           matters
           of
           Law
           arising
           therein
           ;
           which
           the
           
             Parliament
          
           likewise
           allowed
           to
           
             Strafford
          
           and
           
             Canterbury
             ,
          
           though
           impeached
           of
           high
           Treason
           :
           and
           therfore
           cannot
           in
           
             *
          
           point
           of
           Justice
           be
           denied
           to
           any
           other
           person
           or
           persons
           in
           like
           Cases
           ,
           if
           desired
           .
        
         
           3ly
           .
           In
           admitting
           him
           free
           liberty
           to
           put
           in
           a
           plea
           in
           writing
           to
           the
           manner
           of
           his
           Tryal
           ,
           and
           to
           the
           
             Iurisdiction
          
           of
           the
           
             Kings
             Bench
          
           it self
           (
           though
           
             the
          
           
             c
          
           
             highest
             Court
             of
             Justice
          
           in
           all
           
             England
          
           but
           the
           
             Parliament
             ,
          
           and
           having
           lawfull
           conusans
           of
           all
           sorts
           of
           Treasons
           whatsoever
           )
           and
           not
           peremptorily
           over-ruling
           ,
           rejecting
           it
           forthwith
           ,
           and
           giving
           judgement
           against
           him
           
             pro
             confesso
             ,
          
           or
           as
           
             *
          
           
             standing
             mute
             ,
          
           for
           not
           submitting
           to
           its
           Jurisdiction
           ,
           and
           a
           Tryal
           by
           an
           ordinary
           
             Middlesex
             Jury
             ,
          
           being
           a
           matter
           of
           Law
           and
           right
           ;
           but
           permitting
           ,
           yea
           ordering
           his
           
             Plea
          
           upon
           a
           
             Demurrer
          
           thereunto
           ,
           to
           be
           publickly
           argued
           
             pro
             &
             contra
          
           at
           the
           Bar
           by
           
             Counsel
             ,
          
           and
           then
           solemnly
           argued
           at
           the
           Bench
           by
           the
           
             Judge
             ,
          
           before
           it
           was
           over-ruled
           (
           being
           a
           Case
           of
           general
           concernment
           )
           to
           satisfie
           him
           and
           all
           the
           world
           of
           the
           legality
           and
           Justice
           of
           his
           Tryal
           .
           And
           then
           permitting
           him
           according
           to
           Law
           ,
           to
           plead
           
             not
             guilty
             ,
          
           and
           put
           himself
           upon
           his
           Tryal
           by
           the
           Country
           ;
           not
           sentencing
           him
           to
           death
           for
           Treason
           without
           any
           Tryal
           or
           good
           evidence
           produced
           to
           convict
           him
           .
        
         
           4ly
           .
           In
           allowing
           him
           a
           free
           honorable
           Tryal
           upon
           an
           Indictment
           ,
           first
           found
           upon
           Oath
           by
           the
           
             grand
             Jury
             ,
          
           &
           then
           suffering
           him
           to
           take
           not
           only
           his
           particular
           chalenges
           by
           the
           poll
           to
           every
           of
           the
           Jurors
           retorned
           ,
           
           upon
           a
           
             voyre
             dire
          
           (
           not
           formerly
           heard
           of
           ,
           yet
           allowed
           him
           ,
           as
           reasonable
           ,
           to
           take
           away
           all
           coulor
           of
           
             partiality
          
           or
           
             non
             indifferency
             in
             the
             Jurors
             )
             Whereupon
          
           every
           
             Jury
             man
          
           was
           examined
           before
           he
           was
           sworn
           of
           the
           Jury
           :
           
             Whether
             he
             had
             contributed
             or
             advanced
             any
             monies
             upon
             the
             Propositions
             for
          
           Ireland
           ,
           or
           
             was
             to
             have
             any
             share
             in
             the
             Rebels
             Lands
          
           in
           Ireland
           ,
           
             by
             Act
             of
             Parliament
             ,
             or
             otherwise
             ?
          
           But
           likewise
           in
           permitting
           him
           to
           take
           his
           
             peremptory
             challenge
          
           to
           35
           
             of
             the
             2
             Juries
             retorned
             ,
          
           without
           any
           particular
           cause
           alleged
           ;
           which
           Liberty
           
             d
          
           
             our
             Laws
          
           allowing
           men
           
             in
             favorem
             vitae
             ,
          
           and
           because
           there
           
             may
             be
             private
             causes
             of
             iust
             exceptions
             to
             them
             known
             to
             the
             Prisoner
             ,
             not
             fit
             to
             be
             revealed
             ,
             or
             for
             which
             he
             wants
             present
             proof
             ,
          
           and
           that
           in
           Cases
           of
           High-Treason
           as
           well
           as
           of
           
             Felony
             ,
          
           the
           
             Court
          
           though●
           just
           and
           equal
           to
           allow
           the
           same
           to
           him
           ,
           though
           a
           
             notorious
             Irish
             Rebel
             .
          
           Wherefore
           it
           ought
           much
           more
           to
           be
           allowed
           to
           all
           
             English
             Freemen
          
           lesse
           peccant
           ,
           and
           not
           so
           notoriously
           guilty
           as
           this
           
             transcendent
             Traytor
             ;
             the
             debarring
             the
             party
             indicted
             of
             his
             lawfull
             challenges
             ,
             being
             to
             debar
             him
             of
          
           a
           principal
           
             matter
             concerning
             his
             Tryal
             ,
          
           yea
           a
           means
           to
           take
           away
           his
           life
           
             without
             just
             cause
             or
             guilt
             ;
          
           much
           more
           then
           a
           
             Tryal
          
           by
           such
           
             Iurors
             ,
             Committees
             ,
             Commissioners
          
           or
           other
           
             Judges
          
           nominated
           by
           persons
           interessed
           ,
           or
           parties
           ,
           without
           the
           
             denomination
          
           or
           
             direction
             of
             sworn
             Officers
             of
             Justice
             alone
             ,
             against
             the
             course
             of
             the
             Common
             law
             ,
          
           as
           the
           Statute
           of
           11
           
             H.
          
           4.
           
             c.
          
           9.
           and
           
             Cooks
             3
             Instit.
             p.
          
           32
           ,
           33.
           resolve
           .
        
         
           In
           this
           Argument
           the
           
             Readers
          
           (
           especially
           
             Irish
             Students
             of
             the
             Law
          
           may
           take
           notice
           ;
           First
           ,
           of
           some
           observable
           
             passages
          
           and
           
             *
          
           
             Records
          
           touching
           the
           setling
           of
           the
           
             Laws
          
           and
           
             Great
             Charter
          
           of
           
             England
          
           in
           
             Ireland
             ,
          
           the
           endenization
           of
           Irish-Natives
           to
           make
           them
           capable
           of
           the
           Laws
           and
           Liberties
           of
           the
           English
           there
           ;
           the
           
             Statutes
             ,
          
           Peers
           of
           
             Ireland
             ,
          
           and
           the
           
             Tryal
          
           of
           Peers
           there
           for
           Treasons
           ,
           not
           obvious
           in
           other
           
             Law
             Books
             ;
          
           to
           which
           I
           at
           first
           imended
           to
           have
           added
           an
           
             Appendix
          
           
           of
           the
           most
           remarkable
           passages
           in
           our
           
             Histories
             ,
          
           and
           chiefest
           
             Records
          
           in
           the
           
             Tower
          
           relating
           to
           the
           
             Sover
             aign
             Jurisdiction
          
           of
           the
           
             Kings
             and
             Parliaments
             of
             England
          
           over
           
             Ireland
             ,
          
           and
           to
           the
           
             Parliaments
             ,
             Officers
             ,
             Government
             ,
             and
             affairs
             thereof
             ,
          
           not
           hitherto
           published
           ,
           and
           unknown
           to
           most
           ,
           of
           very
           necessary
           and
           excellent
           use
           .
           Which
           being
           over-large
           for
           an
           
             Appendix
             ,
          
           I
           must
           reserve
           for
           a
           
             particular
             Treatise
          
           by
           themselves
           ;
           or
           joyned
           with
           some
           other
           
             Records
          
           and
           
             Histories
          
           relating
           unto
           
             Scotland
             ,
          
           most
           worthy
           of
           
             publick
             view
             ,
          
           if
           God
           send
           health
           and
           opportunity
           to
           communicate
           them
           to
           posterity
           .
           Only
           I
           shall
           here
           insert
           one
           pertinent
           
             Record
          
           to
           manifest
           ,
           that
           the
           trying
           of
           
             Irish
             Malefactors
          
           in
           
             England
             ,
          
           the
           binding
           them
           to
           appear
           ,
           the
           recording
           their
           defaults
           ,
           and
           giving
           judgement
           against
           them
           for
           not
           appearing
           here
           for
           Murders
           ,
           Robberies
           ,
           and
           Felonies
           committed
           or
           acted
           by
           them
           in
           
             Ireland
             ,
          
           is
           no
           Novelty
           (
           having
           omitted
           it
           in
           my
           Argument
           )
           it
           being
           in
           use
           in
           the
           ninth
           year
           of
           
             King
             John
             ,
          
           as
           this
           
             Patent
          
           manifests
           .
        
         
           
             e
          
           
             Rex
          
           M.
           filio
           Henrici
           ,
           
             Iusticiario
          
           Hiberniae
           
             salutem
             .
             Mandamus
             vobis
             quod
             deduci
             faeiatis
             secundum
             judicium
             Comitis
          
           Dublin
           ,
           Galfredum
           de
           Marisco
           
             &
             alios
             qui
             rectati
             sunt
             de
             incendio
             &
             roberia
             &
             morte
             homnum
             ,
             &
             aliis
             rectis
             quo●
             pertienent
             ad
             Coronam
             nostram
             
               unde
               eis
               dies
               datus
               est
               coram
               nobis
               in
               Anglia
               a
               die
               sancti
               Michaelis
               ad
               15
               dies
               ,
               ad
               quem
               non
               venerunt
               nec
               pro
               se
               responsales
               miserunt
               ,
               et
               absentiam
               suam
               die
               illo
               Attornatis
               eis
               in
               defaltam
            
             Et
             ipsos
             〈…〉
             secundum
             judicium
             ●●●dict
             ,
          
           Comiti●de
           
             vita
             et
             membris
             ,
             et
             obsidibus
             ,
             et
             vadiis
             ,
             et
             plegiis
             .
             
               Teste
               me●pso
               apud
            
          
           Theoukesbury
           ,
           12
           
             die
          
           Novembris
           .
        
         
           2ly
           .
           The
           Readers
           may
           herein
           discern
           the
           Treacheries
           ,
           
             Conspiracies
             ,
             Insurrections
             ,
          
           Rebellions
           of
           the
           
             Native
             Irish
          
           in
           all
           Ages
           
             since
             their
             submission
             to
             King
             Henry
             the
          
           2d
           .
           Anno
           1171.
           and
           their
           
             swearing
             of
             fealty
             to
             him
             and
             his
             Heirs
             ,
             for
             ever
             as
             to
             their
             lawfull
             
             Kings
             and
             Lords
             ,
          
           recorded
           at
           large
           in
           our
           
             k
          
           
             Historians
             ,
          
           towards
           our
           
             Kings
          
           and
           English
           Nation
           ,
           and
           their
           frequent
           endeavours
           utterly
           to
           cast
           off
           their
           Dominion
           ,
           and
           extirpate
           them
           out
           of
           
             Ireland
             ,
          
           which
           is
           notably
           expressed
           in
           many
           of
           our
           Records
           ,
           as
           Claus.
           5
           E.
           3.
           part
           2.
           m.
           12.
           dorso
           .
           Pa●
           .
           5
           E.
           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
             ami●itiis
             firmiter
             junctis
             ,
             &
             beneficiis
             multimodè
             collatis
             ,
             modis
             omnibus
             invigelaveris
             ,
             tunc
             primo
             timendum
             est
             tibi
             :
             quia
             tunc
             prae●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
             ,
             indi●●olubiliter
             faederantur
             .
             Ad
             ultimum
             vero
             ad
             majorem
             amicitiae
             confirmationem
             ,
             et
             quasi
             negotii
             consummationem
             sanguirē
             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
             h●c
             invaluit
             et
             quasi
             radices
             pouit
             ,
             adeo
             in
             naturam
             converti
             praevalet
             pravae
             consuetudinis
             longus
             abusus
             ,
             adeo
             a
             convictu
             mores
             formantur
             ,
             et
             qui
             tangit
             picem
             coni●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
          
           ar●
           ,
           
             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
          
           
             Sy●vester●●a●●us
          
           
             ,
          
           who
           ●●●●●ing
           the
           
             Constitutions
          
           made
           at
           the
           
             Council
             of
             Cassils
          
           in
           
             Ireland
          
           under
           this
           King
           
             Henry
          
           for
           the
           Government
           of
           the
           Church
           ,
           and
           ●eformation
           of
           the
           manners
           of
           the
           Irish
           ,
           there
           recorded
           at
           large
           ,
           concludes
           thus
           .
           
             Itaque
             ●m●●●
             divina
             ad
             instar
             sacrosanctae
             Eccles●e
             
               Iuxta
               quod
               Anglicana
               observat
               Ecclesia
               in
               omnibus
               partibus
               Hyberniae
            
             amo●o
             tra●●●●tur
             .
             Dignum
             etenim
             &
             sust
             issi●●m
             est
             ,
             ut
             sicut
             Dom●nium
             et
             Reg●m
             ex
             Anglia
             ,
             sortita
             est
             divinitus
             Hybernia
             ,
             sic
             etiam
             EXINDE
             vivendi
             formam
             reci●i●●nt
             m●li●●em
             .
             Ipsi
             namque
             Regi
             magnifico
             
               tam
               Ecclesia
               quam
               Regnum
               Hyberniae
            
             debent
             ,
             quicquia
             de
             b●n●
             pac●s
             ,
             ●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
             ●imore
             maximo
             perterriti
             ,
             ●●m●gium
             illi
             &
             fidelitatem
             fecerunt
             :
             Fecit
             quoque
             R●●ibidem
             
               construere
               Leges
               et
               Consuetudines
               Anglicanas
               ,
               ponens
               Vicecomites
               et
               alios
               Ministros
               qui
               populum
               Regni
               illius
               juxta
               Leges
               Anglicanas
               judicarent
               ,
            
          
           (
           ●o
           ●●●
           ;
           
             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
               ,
            
          
           ●●
           the
           
             Grand
             ●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.
           ●
           .
           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
           
             ſ
          
           
             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
           arbi●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
             going●
             ,
             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
               ●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
             over
             that
             ,
             be
             accepted
             ,
             used
             and
             executed
             within
             the
             Land
             of
          
           Ireland
           
             in
             all
             points
             ,
             at
             all
             times
             requisite
             ,
             according
             to
             the
             tenor
             and
             affect
             of
             the
             same
             .
             And
             that
             by
             authority
             aforesaid
             they
             and
             every
             of
             them
             be
             authorized
             ,
             approved
             ,
             and
             confirmed
             in
             the
             said
             Land
             of
          
           Ireland
           :
           That
           before
           the
           time
           of
           the
           supposed
           Treasons
           ,
           
             King
             Charles
          
           by
           his
           Letters
           Patents
           under
           the
           great
           Seal
           of
           
             Ireland
             ,
          
           bearing
           date
           the
           last
           day
           of
           
             August
             ,
             in
             the
             4th
             .
             year
             of
             his
             Raign
          
           at
           
             Dublin
          
           in
           
             Ireland
             ,
          
           did
           create
           
             Brian
             Magwire
             ,
          
           Father
           of
           the
           said
           
             Connor
             Magwire
             ,
          
           Baron
           of
           
             Iniskellin
          
           in
           the
           County
           of
           
             Farmanagh
          
           in
           the
           said
           
             Realm
             ;
          
           and
           granted
           
             to
             him
             and
             the
             Hei●●males
             of
             his
             body
             ,
          
           the
           
             title
             ,
             honor
             and
             dignity
             of
             the
             said
             Barony
             ,
             and
             to
             have
             a
             place
             and
             voice
             among
             the
             Peers
             and
             Nobles
             of
          
           Ireland
           
             in
             the
             Parliaments
             of
             that
             Realm
             ;
          
           By
           virtue
           whereof
           the
           said
           
             Brian
          
           was
           seised
           in
           his
           demesn
           as
           of
           
             Fee
             tayl
          
           of
           the
           said
           
             Barony
             ,
          
           and
           dyed
           seised
           thereof
           at
           
             Dublin
          
           1
           
             Feb.
          
           12
           
             Caroli
             .
          
           before
           the
           supposed
           Treasons
           :
           after
           whose
           death
           ,
           the
           said
           
             Barony
          
           discended
           to
           him
           as
           Heir
           in
           tail
           :
           That
           by
           virtue
           of
           these
           Letters
           Patents
           ,
           before
           the
           said
           supposed
           
             Treasons
             committed
             ,
          
           he
           was
           one
           of
           the
           
             Barons
             ,
             Lords
             ,
          
           and
           
             Peers
             of
             Parliament
             in
             the
             Realm
             of
             Ireland
             ;
          
           and
           at
           the
           
             Parliament
             begun
             and
             held
             there
          
           the
           
             16th
             .
             day
             of
          
           March
           .
           16
           
             Car.
             at
             Dublin
             ,
          
           and
           continued
           untill
           the
           17th
           .
           of
           
             August
          
           then
           next
           following
           ,
           and
           then
           adjourned
           till
           the
           9th
           .
           
             of
             November
          
           next
           ensuing
           ,
           and
           
           thence
           proroged
           to
           the
           24
           
             of
             February
             next
             following
             ,
             and
             from
             thence
             continued
          
           till
           the
           24
           
             of
             Iune
          
           Car.
           
             he
             was
             present
             as
             one
             of
             the
             Peers
             of
             the
             Realm
             of
             Ireland
             .
          
           And
           further
           saith
           ,
           that
           on
           the
           23
           
             of
             October
          
           17
           Car.
           he
           was
           taken
           and
           arrested
           by
           certain
           Persons
           to
           him
           unknown
           at
           
             Dublin
          
           in
           
             Ireland
             ,
          
           and
           there
           committed
           to
           safe
           Custody
           for
           the
           
             Treasons
             pretended
             to
             be
             committed
          
           by
           him
           ,
           till
           afterwards
           he
           was
           on
           
             the
             12
             of
             Iune
             18
             Car.
          
           by
           certain
           Persons
           to
           him
           unknown
           ,
           brought
           in
           safe
           Custody
           ,
           against
           his
           Will
           ,
           to
           
             Westminster
             within
             the
             Realm
             of
             England
             ,
          
           and
           then
           and
           there
           committed
           to
           the
           
             Tower
             of
             London
             ,
          
           where
           he
           is
           yet
           detained
           .
           And
           therefore
           prayeth
           ,
           that
           he
           
             may
             be
             tryed
             and
             judged
             by
             his
             Peers
             of
             the
             Realm
             of
             Ireland
             for
             the
             supposed
             Treasons
             in
             the
             Indictment
             .
          
           To
           this
           plea
           of
           his
           ,
           Mr.
           
             Aske
          
           the
           Kings
           Attorney
           in
           this
           Court
           hath
           
             demurred
             in
             Law
             ,
          
           and
           the
           Prisoner
           hath
           joyned
           in
           
             demurrer
             :
          
           And
           whether
           
             this
             Plea
          
           of
           the
           Prisoner
           as
           
             to
             his
             tryall
             by
             his
             Peers
             of
             the
             Realm
             of
             Ireland
             ,
             be
             good
             in
             Law
             ?
          
           is
           the
           sole
           question
           to
           be
           now
           argued
           .
        
         
           This
           Case
           is
           of
           very
           great
           concernment
           ,
           and
           yet
           of
           greater
           expectation
           :
           It
           concerns
           the
           whole
           
             Peerage
             of
             Ireland
          
           in
           some
           respects
           ,
           on
           the
           one
           hand
           ;
           and
           on
           the
           other
           ,
           the
           
             Iustice
          
           both
           of
           the
           
             King
             ,
             Parliament
          
           and
           
             Kingdome
          
           of
           
             England
             ,
          
           in
           bringing
           a
           desperate
           
             Rebell
          
           and
           
             Arch-Traytor
          
           to
           
             condigne
             punishment
             ,
          
           for
           the
           most
           horrid
           ,
           bloody
           
             Treason
          
           against
           the
           
             Kings
             Royal
             Crown
          
           and
           
             authority
             ,
          
           the
           Protestant
           
             Religion
             ,
          
           and
           the
           whole
           
             English
             Nation
             inhabiting
             Ireland
          
           (
           devoted
           to
           destruction
           by
           this
           Traytor
           and
           his
           Confederates
           )
           that
           ever
           was
           plotted
           or
           executed
           under
           the
           Sun
           .
           The
           eyes
           of
           all
           our
           3
           
             Kingdomes
          
           highly
           concerned
           in
           and
           deeply
           suffering
           by
           this
           
             Treason
          
           )
           but
           more
           especially
           the
           eyes
           and
           hearts
           of
           our
           adjoyning
           vigilant
           
             Parliame●t
          
           (
           which
           hath
           specially
           recommended
           it
           to
           this
           Court
           and
           assigned
           my self
           among
           others
           ,
           Counsel
           in
           this
           Case
           )
           are
           intentively
           fixed
           upon
           the
           final
           result
           and
           issue
           of
           it
           .
           I
           wish
           my
           vacancy
           to
           study
           and
           abilitie
           to
           argue
           this
           
             publique
             Cause
             ,
          
           had
           been
           such
           as
           might
           have
           satisfied
           expectation
           ,
           and
           discharged
           
           the
           trust
           reposed
           in
           me
           ;
           but
           other
           
             publique
             services
          
           having
           much
           interrupted
           me
           therein
           ,
           I
           shall
           begin
           to
           argue
           it
           for
           the
           present
           with
           the
           best
           skill
           I
           may
           ,
           and
           so
           leave
           it
           to
           those
           learned
           Gentlemen
           of
           the
           Law
           (
           if
           there
           shall
           be
           need
           of
           any
           further
           Arguments
           )
           who
           are
           provided
           to
           argue
           after
           me
           ,
           to
           supply
           what
           is
           defective
           in
           this
           my
           proemiall
           Argument
           .
        
         
           All
           matters
           of
           fact
           and
           
             form
          
           arising
           in
           this
           
             Plea
             ,
          
           have
           
           been
           already
           admitted
           true
           ,
           and
           sufficiently
           pleaded
           in
           Law
           by
           mutual
           consent
           ,
           and
           nothing
           but
           the
           meer
           matter
           in
           Law
           rests
           now
           to
           be
           debated
           ,
           which
           I
           conceive
           to
           be
           but
           one
           short
           single
           point
           .
        
         
           For
           though
           the
           Prisoner
           pleads
           ,
           
             that
             there
             was
             a
             Parliament
             ,
             of
             which
             he
             was
             a
             Peer
             and
             Member
             ,
             continuing
             in
             Ireland
             by
             prorogation
             at
             the
             time
             of
             his
             apprehension
             and
             sending
             over
             into
             England
             ;
          
           Yet
           this
           
             Privilege
             of
             Parliament
             ,
          
           comes
           no
           wayes
           in
           question
           as
           to
           the
           point
           of
           his
           triall
           ,
           now
           only
           in
           issue
           (
           as
           hath
           been
           falsly
           suggested
           to
           the
           
             Lords
             house
          
           and
           intimated
           in
           an
           
             Ordinance
          
           of
           theirs
           since
           revoked
           ,
           )
           but
           relates
           only
           to
           his
           first
           apprehension
           ,
           which
           is
           not
           here
           in
           controversie
           '
           Besides
           ,
           he
           pleads
           not
           ,
           that
           
             this
             Parliament
             is
             yet
             continuing
             and
             actually
             sitting
             in
             Ireland
             ,
             of
             which
             he
             ought
             to
             have
          
           
             *
          
           
             the
             privilege
             ;
          
           but
           that
           it
           was
           continued
           till
           the
           24
           of
           
             Iune
          
           17
           
             Car.
          
           which
           is
           3
           years
           since
           ,
           and
           so
           intended
           to
           be
           long
           since
           ended
           :
           Nor
           pleads
           he
           ,
           that
           he
           ought
           to
           be
           ,
           or
           to
           have
           been
           tryed
           for
           this
           Treason
           in
           
             the
             Parliament
             of
             Ireland
             ,
          
           nor
           that
           his
           
             privilege
             of
             Parliament
             ought
             to
             extend
             to
             secure
             him
             from
             any
             apprehension
             or
          
           Indictment
           
             for
             high
             Treasou
             ,
          
           (
           when
           the
           Treason
           is
           visible
           and
           reall
           ,
           as
           his
           is
           ,
           and
           not
           imaginary
           only
           ,
           in
           which
           Case
           
             of
             Treason
             no
             privilege
             of
             Parliament
             is
             to
             be
             admitted
             ,
             as
             hath
             been
             resolved
          
           8
           
             H.
          
           6.
           
             rot
             .
             Parl.
             n.
          
           57.
           31
           
             H.
          
           6.
           
             rot
             .
             Parl.
             n.
          
           25
           ,
           26
           ,
           27.
           
           
             Cooks
          
           4.
           
             Instit.
             fo.
          
           25.
           
           So
           as
           the
           matter
           of
           his
           
             privilege
             of
             Parliament
             ,
          
           is
           quite
           out
           of
           dores
           ,
           and
           the
           sole
           point
           in
           issue
           is
           but
           this
           .
        
         
           Whether
           
             a
             Peer
             of
             Ireland
             committing
             high
             Treason
             in
          
           
           
             Ireland
             ,
             for
             which
             he
             is
             there
             apprehended
             ,
             and
             afterwards
             by
             order
             of
             Parliament
             here
             ,
             brought
             thence
             into
             England
             against
             
             his
             Will
             ,
             may
             be
             endicted
             and
             tryed
             for
             that
             Treason
             in
             this
             Court
             of
             Kings
             Bench
             ,
             by
             a
             Jury
             of
             Middlesex
             only
             ;
             not
             by
             his
             Peers
             of
             Ireland
             ;
             by
             virtue
             of
             the
             Statute
             of
          
           35
           Hen.
           8.
           chap.
           2.
           ?
        
         
           And
           under
           favour
           ,
           I
           conceive
           in
           some
           clearness
           affinmatively
           ,
           that
           
             he
             ma●
             and
             shall
             be
             tryed
             here
             by
             an
             Ordinary
             Iury
             of
          
           Middlesex
           ,
           
             and
             outed
             of
             his
             Peerage
             ,
             by
             virtue
             of
             this
             Act
             .
          
        
         
           The
           Question
           arising
           meerly
           upon
           the
           
             Act
          
           it self
           ,
           which
           is
           very
           short
           ,
           I
           shall
           first
           recite
           it
           ,
           and
           then
           draw
           my
           Arguments
           ,
           out
           of
           the
           very
           intention
           ,
           words
           and
           bowells
           of
           it
           .
        
         
           
             
               
                 
                   FOrasmuch
                   as
                   some
                   doubts
                   ,
                   and
                   questions
                   have
                   been
                   
                   moved
                   ,
                   that
                   certain
                   kinds
                   of
                   Treasons
                   done
                   ,
                   perpetrated
                   or
                   committed
                   out
                   of
                   the
                   Kings
                   Majesties
                   Realm
                   of
                   
                     England
                  
                   and
                   other
                   his
                   graces
                   Dominions
                   ,
                   cannot
                   ,
                   ne
                   may
                   by
                   the
                   Common
                   Laws
                   of
                   this
                   Realm
                   be
                   enquired
                   of
                   ,
                   heard
                   and
                   determined
                   within
                   this
                   his
                   said
                   Realm
                   of
                   
                     England
                     ;
                  
                   for
                   a
                   plain
                   remedy
                   ,
                   order
                   ,
                   and
                   declaration
                   therein
                   to
                   be
                   had
                   and
                   made
                   ;
                   Be
                   it
                   enacted
                   by
                   Authority
                   of
                   this
                   present
                   Parliament
                   ,
                   that
                   all
                   manner
                   of
                   offences
                   being
                   already
                   made
                   or
                   declared
                   ,
                   or
                   hereafter
                   to
                   be
                   made
                   or
                   declared
                   by
                   any
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Realm
                   ,
                   to
                   be
                   Treasons
                   ,
                   misprisions
                   of
                   Treasons
                   ,
                   or
                   concealments
                   of
                   Treasons
                   ,
                   and
                   done
                   ,
                   perpetrated
                   or
                   committed
                   by
                   any
                   person
                   ,
                   or
                   persons
                   out
                   of
                   this
                   Realm
                   of
                   
                     England
                     ;
                  
                   shall
                   be
                   from
                   henceforth
                   ,
                   inquired
                   of
                   ,
                   heard
                   and
                   determined
                   before
                   the
                   Kings
                   Iustices
                   of
                   his
                   Bench
                   ,
                   for
                   Pleas
                   to
                   be
                   holden
                   before
                   himself
                   ;
                   by
                   good
                   and
                   lawfull
                   men
                   of
                   the
                   same
                   Shire
                   where
                   the
                   said
                   Bench
                   shall
                   sit
                   and
                   be
                   kept
                   :
                   or
                   else
                   before
                   such
                   Commissioners
                   ,
                   and
                   in
                   such
                   Shire
                   of
                   the
                   Realm
                   ,
                   as
                   shall
                   be
                   assigned
                   by
                   the
                   Kings
                   Majesties
                   Commission
                   ,
                   and
                   by
                   good
                   and
                   lawfull
                   men
                   of
                   the
                   same
                   Shire
                   ,
                   in
                   such
                   manner
                   and
                   form
                   ,
                   to
                   all
                   intents
                   and
                   purposes
                   ,
                   as
                   if
                   such
                   Treasons
                   ,
                   or
                   Concealments
                   of
                   Treasons
                   ,
                   had
                   been
                   done
                   ,
                   
                   perpetrated
                   and
                   committed
                   within
                   the
                   same
                   Shire
                   where
                   they
                   shall
                   be
                   so
                   inquired
                   of
                   ,
                   heard
                   and
                   determined
                   as
                   is
                   aforesaid
                   .
                
                 
                   Provided
                   alwayes
                   ,
                   that
                   if
                   any
                   the
                   Peers
                   of
                   this
                   Realm
                   shall
                   happen
                   to
                   be
                   endicted
                   of
                   any
                   such
                   Treasons
                   or
                   other
                   offences
                   aforesaid
                   ,
                   by
                   authority
                   of
                   this
                   Act
                   ,
                   that
                   then
                   after
                   such
                   Indictment
                   they
                   shall
                   have
                   their
                   Tryall
                   by
                   their
                   Peers
                   ,
                   in
                   such
                   like
                   manner
                   as
                   hath
                   been
                   heretofore
                   accustomed
                   .
                
              
            
          
        
         
           From
           this
           Act
           I
           shall
           deduce
           several
           Arguments
           and
           conclusions
           to
           prove
           ,
           that
           the
           Prisoner
           at
           the
           Bar
           ,
           though
           a
           
             Peer
             of
             Ireland
             ,
          
           shall
           be
           tryed
           
             by
             an
             ordinary
             Iury
             of
             Middlesex
             ,
             here
             ,
          
           not
           by
           
             his
             Peers
             in
             ,
             or
             of
             Ireland
             ,
          
           for
           the
           Treasons
           committed
           in
           
             Ireland
             ,
          
           whereof
           he
           stands
           here
           indicted
           .
        
         
           For
           my
           more
           methodical
           proceeding
           ,
           I
           shall
           divide
           the
           single
           point
           in
           controversie
           into
           these
           3
           subordinate
           Questions
           .
        
         
           1.
           
           
             Whether
             this
             S●atute
             extends
             to
             Treasons
             committed
             in
          
           Ireland
           ,
           
             by
             Irish
             Commoners
             ?
          
        
         
           2ly
           .
           
             Whether
             it
             reacheth
             to
             Treasons
             in
          
           Ireland
           
             perpetrated
             by
             Irish
             Peers
             ,
             as
             well
             as
             by
             Irish
             Commons
             ?
          
        
         
           3ly
           .
           
             Admit
             it
             extends
             to
             Irish
             Peers
             as
             well
             as
             Commoners
             ,
             whether
             it
             doth
             not
             then
             inevitably
             out
             them
             of
             their
             Tryalls
             by
             Irish
             Peers
             ,
             and
             Subject
             both
             of
             them
             alike
             to
             a
             Tryal
             at
             this
             Bar
             ,
             by
             a
          
           Middlesex
           
             Iury
             ?
          
        
         
           For
           the
           first
           ,
           
             Whether
             this
             Act
             extends
             to
             Treasons
             committed
          
           
           
             in
             Ireland
             by
             Irish-Commoners
             ?
          
           There
           is
           but
           little
           doubt
           of
           it
           .
           For
           first
           ,
           it
           is
           as
           clear
           as
           the
           Sun
           at
           Noon-day
           ,
           that
           this
           Act
           extends
           to
           
             all
             Treasons
             done
             or
             perpetracted
             in
          
           Ireland
           
             by
          
           Irish-Commoners
           
             ;
          
           for
           the
           main
           scope
           and
           intent
           of
           this
           Law
           being
           ,
           
             to
             make
             all
             manner
             of
             offences
             then
             made
             or
             declared
             ,
             or
             hereafter
             to
             be
             made
             or
             declared
             to
             be
             Treasons
             ,
             misprisions
             of
             Treasons
             ,
             or
             concealments
             of
             Treasons
             ,
             by
             any
             Laws
             or
             Statutes
             of
             this
             Realm
             ,
             done
             perpetracted
             or
             committed
             by
             any
             person
             or
             persons
             out
             of
          
           England
           ,
           
             inquirable
             or
             tryable
             within
             this
             Realm
             ,
             without
             
             any
             scruple
             or
             difficulty
             ,
             either
             in
             this
             Court
             ,
             or
             before
             such
             Commissioners
             in
             such
             Shire
             of
             this
             Realm
             ,
             as
             the
             King
             by
             his
             Commission
             shall
             assign
          
           (
           the
           very
           sum
           and
           substance
           of
           this
           Act
           ,
           as
           the
           express
           letter
           thereof
           resolves
           ,
           )
           the
           Realm
           of
           
             Ireland
             ,
          
           being
           out
           of
           
             this
             Realm
             of
          
           England
           ,
           and
           no
           part
           thereof
           ,
           and
           Treasons
           therein
           committed
           by
           Commoner
           ,
           being
           
             Treasons
             done
             and
             perpetrated
             out
             of
             this
             Realm
             of
          
           England
           ;
           (
           as
           is
           clear
           by
           20
           
             H.
          
           6.
           f.
           8.
           a.
           b.
           ●9
           
             H.
          
           6.
           53.
           b.
           32
           
             H.
          
           6.
           25.
           b.
           2
           
             R.
          
           3.
           f.
           12.
           1
           
             H.
          
           7.
           f.
           3.
           
           Plowden
           ,
           368.
           b.
           Dyer
           ,
           f.
           360.
           b.
           Cook
           7.
           
           Report
           .
           f.
           22
           ,
           23.
           
           Calvins
           case
           ,
           ●H
           .
           
           5.
           c.
           8.
           4
           
             H.
          
           5.
           c.
           8.
           4
           
             H.
          
           5.
           c.
           6
           ,
           Cooks
           3
           instit.
           p.
           1●
           .
           18.
           )
           These
           treasons
           must
           certainly
           and
           most
           necessarily
           be
           both
           within
           the
           intent
           and
           words
           of
           this
           Law
           ;
           and
           so
           consequently
           tryable
           in
           this
           Court
           by
           an
           ordinary
           Jury
           of
           
             Middlesex
             ,
          
           without
           any
           scruple
           or
           difficulty
           .
           The
           rather
           because
           
             Ireland
             ,
          
           though
           out
           of
           this
           Realm
           of
           
             England
             ,
          
           is
           vet
           part
           of
           the
           
             Kings
             dominions
             ,
          
           and
           a
           subordinate
           Kingdom
           ,
           united
           and
           annexed
           to
           the
           Crown
           of
           
             England
             ,
          
           governed
           by
           the
           Laws
           of
           
             England
             ,
          
           and
           bound
           by
           Acts
           
             of
             Parliament
          
           made
           in
           
             England
          
           in
           many
           Cases
           ,
           as
           is
           resolved
           and
           undeniably
           evidenced
           by
           
             Pat.
          
           6.
           
           
             Iohan.
             in
             .
          
           6.
           
             n.
          
           17.
           
           
             Rot.
             Pat.
          
           8
           
             Johan
             .
             m.
          
           1.
           
             Claus.
          
           12.
           
             H.
          
           3.
           
             m.
          
           8
           ,
           
             Pat.
          
           30
           
             H.
          
           3.
           
             m.
          
           3.
           14
           
             H.
          
           3.
           
           The
           Statute
           of
           
             Ireland
             .
             Pat.
          
           5
           
             E.
          
           3.
           
             pars
          
           1.
           
             m.
          
           25.
           11
           
             E.
          
           3.
           
             c.
          
           2
           ,
           3
           ,
           4
           ,
           5.
           27
           
             E.
          
           3.
           
             c.
          
           3
           ,
           18.
           13
           
             E.
          
           1.
           
             Stat.
             de
             M●rcat
             .
          
           1
           
             H.
          
           5.
           
             c.
          
           8.
           4
           
             H.
          
           5.
           
             c.
          
           6.
           1
           
             H.
          
           6.
           
             c.
          
           3.
           3
           
             H.
          
           7.
           
             c.
          
           8.
           1
           
             H.
          
           8.
           
             c.
          
           5.
           ●32
           
             H.
          
           8.
           
             c.
          
           4.
           35
           
             H.
          
           8.
           
             c.
          
           2.
           32
           
             H.
          
           6.
           
           
             Statutes
             of
             Ireland
             ,
             c.
          
           1.
           8
           
             E.
          
           4.
           
             in
             Ireland
             ,
             c.
          
           1.
           10
           
             H.
          
           7.
           
             in
             Ireland
             ,
             c.
          
           4
           ,
           5.
           22.
           7
           
             H.
          
           8.
           
             in
             Ireland
             ,
             c.
          
           1.
           28
           
             H.
          
           8.
           
             in
             Ireland
             ,
             c.
          
           2
           ,
           3
           ,
           5
           ,
           6
           ,
           7
           ,
           8
           ,
           13
           ,
           15.
           18
           ,
           19.
           33
           
             H.
          
           8.
           
             in
             Ireland
             ,
             c.
          
           1.
           1
           
             H.
          
           7.
           
             f.
          
           3.
           
           
             Kelway
             ,
             f.
          
           202.
           
             b.
             Cooks
          
           7
           
             Rep.
             of
          
           22
           ,
           23.
           
           
             Calvins
             case
             .
          
           1
           
             In●tit
             .
             f.
          
           141.
           
             b.
          
           4
           
             Instit.
             f.
          
           349
           ,
           350
           ,
           &c.
           3
           
             Instit.
             p.
          
           18
           ,
           Mr.
           
           
             Saint
             Johns
             Argument
             at
             Law
             at
             Straffords
             attainder
             ,
             p.
          
           53.
           to
           64.
           
           And
           therefore
           Treasons
           there
           committed
           are
           more
           apt
           and
           proper
           to
           be
           tryed
           here
           within
           the
           letter
           and
           intention
           of
           this
           Law
           ,
           then
           
             Treasons
          
           done
           in
           
             France
             ,
             Spain
             ,
          
           or
           any
           parts
           else
           out
           of
           the
           Kings
           dominions
           ,
           where
           our
           Laws
           and
           Acts
           of
           Parliament
           are
           not
           
             obligatory
             .
          
        
         
         
           2.
           
           This
           Statute
           (
           as
           I
           conceive
           )
           was
           principally
           made
           to
           punish
           Treasons
           ,
           misprisions
           of
           Treasons
           ,
           and
           concealments
           of
           Treasons
           in
           
             Ireland
             ,
          
           where
           they
           were
           more
           frequently
           done
           and
           perpetrated
           ,
           than
           in
           any
           or
           all
           parts
           of
           the
           world
           out
           of
           this
           Realm
           of
           
             England
             ,
          
           as
           our
           Histories
           and
           the
           
             *
          
           
             Irish-Statutes
          
           record
           :
           And
           the
           ●orid
           general
           Treason
           ,
           Insurrection
           and
           Rebellion
           in
           
             Ireland
          
           (
           much
           like
           this
           for
           which
           the
           Prisonner
           is
           indicted
           )
           mentioned
           in
           the
           Statute
           of
           
             Ireland
             ,
          
           28
           
             H.
          
           8.
           
             c.
          
           1.
           but
           7
           years
           before
           this
           Act
           ,
           with
           other
           frequent
           
             Treasons
          
           and
           
             Rebellions
          
           there
           ,
           were
           no
           doubt
           the
           chiefest
           ground
           of
           making
           this
           new
           Law
           .
           And
           that
           which
           puts
           it
           out
           of
           all
           dispute
           is
           the
           Statute
           of
           28
           
             H.
          
           8.
           made
           in
           the
           Parliament
           at
           
             Dublin
          
           in
           
             Ireland
             ,
          
           c.
           7.
           which
           reciting
           the
           Statute
           of
           26
           
             H.
          
           8.
           
             c.
          
           13.
           made
           in
           
             England
          
           concerning
           
             Treasons
             ,
          
           and
           enacting
           ,
           (
           as
           this
           of
           35
           
             H.
          
           8.
           )
           
             That
             if
             any
             of
             the
             Kings
             Subjects
             ,
             Denizens
             ,
             or
             others
             do
             commit
             or
             practise
             
               out
               of
               the
               limits
               of
               this
               Realm
            
             (
             of
             
               England
            
             )
             in
             any
             outward
             parts
             ,
             any
             such
             offences
             which
             by
             this
             Act
             are
             made
             ,
             or
             heretofore
             have
             been
             made
             
               Treason
               ,
            
             that
             then
             such
             
               Treason
               ,
            
             whatsoever
             it
             be
             ,
             that
             shall
             so
             happen
             to
             be
             done
             or
             commitshall
             be
             inquired
             and
             present●d
             by
             the
             oaths
             of
             12
             good
             &
             lawfull
             men
             ,
             upon
             good
             and
             probable
             evidence
             and
             witness
             ,
             in
             such
             Shire
             and
             County
             of
             this
             Realm
             ,
             before
             such
             persons
             ●●
             it
             shall
             please
             the
             Kings
             Highness
             to
             appoint
             by
             commission
             under
             his
             great
             Seal
             ,
             in
             like
             manner
             and
             form
             as
             
               Treasons
            
             committed
             within
             this
             Realm
             have
             been
             used
             to
             be
             inquired
             of
             and
             presented
             ,
             &
             that
             then
             upon
             every
             indictment
             and
             presentment
             founden
             and
             made
             of
             any
             such
             Treasons
             ,
             and
             certified
             into
             the
             KINGS
             BENCH
             ,
             like
             process
             and
             other
             circumstance
             shall
             be
             there
             had
             and
             sued
             against
             such
             offendors
             ,
             as
             if
             the
             same
             Treasons
             so
             presented
             had
             been
             lawfully
             found
             to
             be
             done
             and
             committed
             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
               con●ained
               ,
               be
               established
               ,
               confirmed
               ,
               acce●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
             Treason●
             ,
             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
             Mac●
             Mahones
          
           case
           this
           last
           
             Michaelmas
          
           Term
           
           (
           the
           P●l●o●e●●
           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
           sub●tane
           extrajudicial
           opinion
           of
           
             Dyer
             ,
             M.
             19
             ,
             &
             20
             Ell●
             .
             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
           s●●●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
           Glo●●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.
           ●
           &
           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
             determ●●e●
             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
           Tryal
           ,
           but
           such
           only
           who
           are
           excepted
           out
           of
           it
           by
           
             special
             Proviso
             .
          
           Now
           Irish
           Peers
           are
           none
           of
           those
           Persons
           excepted
           ,
           as
           I
           shall
           prove
           anon
           .
        
         
           That
           these
           words
           
             any
             person
             or
             persons
             ,
          
           extend
           to
           Peers
           as
           well
           as
           Commoners
           ,
           where
           there
           is
           no
           exception
           of
           Peers
           ,
           is
           undeniable
           .
        
         
           First
           because
           a
           Peer
           is
           a
           
             Person
             ,
          
           though
           of
           a
           higher
           rank
           or
           degree
           than
           an
           ordinary
           Commoner
           or
           Freeman
           ;
           and
           one
           kind
           of
           
             person
          
           in
           Law
           ;
           therefore
           within
           these
           words
           
             any
             person
             or
             persons
             .
          
        
         
           2ly
           .
           Because
           general
           Laws
           made
           for
           the
           common
           good
           safety
           of
           the
           Realm
           ,
           and
           punishment
           of
           the
           grand
           crime
           of
           High
           
             Treason
             ,
          
           are
           like
           to
           Go
           himself
           ,
           
             *
          
           
             No
             respectors
             of
             persons
             ,
          
           but
           bind
           and
           punish
           all
           alike
           .
           Therefore
           
             any
             person
             or
             persons
          
           in
           such
           a
           publick
           Law
           as
           this
           ,
           made
           for
           the
           common
           good
           ,
           safety
           ,
           and
           punishment
           of
           the
           greatest
           Treasons
           ,
           Evils
           ,
           must
           necessarily
           include
           all
           persons
           ,
           subjects
           whatsoever
           ,
           and
           except
           none
           ,
           especially
           the
           greatest
           ,
           whole
           examples
           and
           offences
           are
           commonly
           most
           dangerous
           and
           pernicious
           .
        
         
           Thirdly
           in
           all
           publick
           Acts
           whatsoever
           ;
           These
           words
           
             any
             person
             or
             persons
             ,
          
           extend
           to
           Peers
           as
           well
           as
           Commoners
           ,
           and
           I
           know
           no
           one
           President
           to
           the
           contrary
           .
           To
           instance
           in
           some
           few
           Acts
           instead
           of
           many
           ;
           In
           the
           Statutes
           of
           26
           H.
           8.
           c.
           13.
           
           &
           5
           ,
           &
           6
           E.
           6.
           c.
           11.
           concerning
           Treasons
           ,
           
             any
             person
             or
             persons
             ;
          
           or
           any
           of
           the
           
             Kings
             Subjects
             ,
             Denizen
             ,
             or
             others
             ,
             that
             shall
             commit
             or
             practise
          
           Treason
           
             out
             of
             the
             limits
             of
             this
             Realm
             ,
             in
             any
             outward
             parts
             ;
             extend
             to
             Peers
             as
             well
             as
             Commons
             .
          
           Therefore
           in
           this
           Act
           of
           
           the
           same
           nature
           .
           So
           in
           the
           Statutes
           of
           1
           Ed.
           6.
           c.
           1.
           2
           
           &
           3
           E.
           6.
           c.
           1.
           5
           
           &
           6
           E.
           6.
           c.
           1.
           
           &
           1
           Eliz.
           c.
           2.
           
           If
           
             any
             person
             or
             persons
             shall
             deprave
             or
             revile
             the
             most
             blessed
             Sacraments
             ,
             or
             the
             book
             of
             the
             Common
             prayer
             ,
             &c.
             
          
           In
           the
           Statute
           of
           1
           Eliz.
           cap.
           1.
           and
           also
           of
           5
           Eliz.
           cap.
           1.
           
           
             If
             any
             person
             or
             persons
             ,
          
           &c.
           
             shall
             extoll
             ,
          
           &c.
           
             the
             power
             of
             the
             Bishop
             of
          
           Rome
           ,
           
             or
             of
             his
             See
             ,
          
           13
           Eliz.
           c.
           1.
           
           
             If
             any
             person
             or
             persons
             shall
             bring
             in
             ,
             or
             put
             in
             ure
             any
             Bull
             from
             the
             Bishop
             of
          
           Rome
           ,
           Agnus
           Dei
           ,
           
             Pictures
             ,
             Crosses
             ,
          
           &c.
           In
           the
           Statute
           of
           23
           
             Eliz.
             c.
             2.
             
             If
             any
             person
             or
             persons
             shall
             with
             a
             malicious
             intent
             speak
             any
             false
             or
             seditious
             news
             of
             the
             Queen
             ,
          
           &c.
           In
           27
           
             Eliz.
          
           c.
           2.
           
           
             If
             any
             person
             or
             persons
             shall
             barbour
             or
             contribute
             any
             mony
             to
             the
             maintenance
             of
             any
             Jesuites
             ,
             Priests
             &c.
             
          
           In
           all
           these
           Acts
           (
           to
           pretermit
           
             *
          
           
             many
             others
          
           )
           the
           words
           
             any
             person
             or
             persons
             ,
          
           extend
           to
           
             Peers
          
           as
           well
           as
           Commons
           ,
           as
           is
           resolved
           in
           the
           bodies
           and
           Provisoes
           of
           all
           these
           Acts
           :
           Yea
           ,
           in
           the
           Statute
           of
           25
           
             E.
             3.
             c.
          
           2.
           of
           
             Treasons
          
           (
           though
           a
           most
           penal
           Law
           )
           the
           words
           are
           only
           ;
           If
           
             a
             man
             do
             compass
             or
             imagine
             the
             deach
             of
             the
             King
             ;
             If
             a
             man
             do
             levy
             war
             against
             the
             King
             in
             his
          
           Realm
           ,
           &c.
           
           
             If
             a
             man
             counterfeit
             the
             Kings
             Broad
             or
             Privy-seal
             ,
             or
             his
             mony
             ,
          
           &c.
           
           Yet
           it
           hath
           been
           resolved
           without
           dispute
           in
           all
           times
           ,
           and
           so
           agreed
           by
           Sir
           
             Edward
             Cook
             ,
             Institutes
          
           3.
           p.
           4
           ,
           5.
           
           That
           this
           word
           a
           
             man
             ,
          
           extends
           to
           
             both
             sexes
             alike
             ,
             including
             women
             as
             well
             as
             men
             ,
             Peers
             as
             well
             as
             Commoners
             ,
             Lords
             ,
             as
             well
             as
          
           Pesants
           .
           yea
           all
           ranks
           ,
           callings
           ,
           conditions
           of
           men
           who
           are
           Subjects
           :
           and
           that
           this
           word
           
             man
          
           in
           the
           singular
           number
           only
           ,
           extends
           to
           
             many
             men
          
           to
           any
           number
           of
           men
           committing
           any
           of
           these
           Treasons
           joyntly
           ,
           as
           well
           as
           to
           a
           single
           man
           or
           Traytor
           ,
           because
           it
           is
           a
           general
           Law
           ,
           made
           for
           the
           safety
           of
           the
           Kings
           person
           ,
           and
           the
           Realm
           .
           Much
           more
           then
           must
           any
           person
           or
           persons
           ,
           in
           this
           Statute
           ,
           being
           both
           in
           the
           singular
           and
           plural
           number
           ,
           and
           in
           common
           acceptation
           a
           far
           more
           universal
           ,
           general
           ,
           and
           comprehensive
           expression
           than
           this
           of
           
             a
             man
             ,
          
           in
           25
           E.
           3.
           c.
           2.
           extend
           equally
           to
           all
           sorts
           ,
           sects
           ,
           and
           degrees
           of
           men
           ,
           as
           well
           as
           it
           ,
           and
           so
           to
           Peers
           as
           much
           as
           
           it
           ,
           and
           to
           Peers
           as
           well
           as
           to
           Commons
           ,
           as
           it
           doth
           in
           the
           Statutes
           of
           25
           H.
           8.
           c.
           22.
           26
           H.
           8.
           c.
           13.
           27
           H.
           8.
           c.
           2.
           33
           H.
           8.
           c.
           12.
           
           &
           20.
           5
           E.
           6.
           c.
           11.
           1
           Mar.
           c.
           6.
           1.
           
           &
           2
           Phil.
           &
           Mar.
           c.
           9
           ,
           to
           ,
           11.
           5
           Eliz.
           c.
           1.
           13
           Eliz.
           c.
           2.
           18
           Eliz.
           c.
           1.
           23
           Eliz.
           c.
           1.
           27
           Eliz.
           c.
           2.
           3
           Jac.
           c.
           4
           ,
           concerning
           Treasons
           .
        
         
           2ly
           .
           My
           second
           Argument
           to
           prove
           
             Irish
          
           Peers
           within
           this
           Statute
           ,
           is
           ,
           because
           
             Irish-Commons
          
           are
           within
           its
           Verge
           even
           for
           Treasons
           committed
           in
           
             Ireland
             ,
          
           as
           hath
           been
           adjudged
           in
           the
           forecited
           cases
           of
           
             Orourk
             ,
             Sir
             John
             Parrot
             ,
             and
             Mac-Mahone
             :
          
           For
           Laws
           and
           Law
           givers
           
             being
             no
             respectors
             of
             persons
             ,
          
           where
           the
           offences
           be
           the
           same
           ,
           and
           there
           being
           no
           one
           clause
           ,
           word
           ,
           or
           syllable
           in
           this
           Statute
           extending
           to
           
             Irish-Commoners
          
           Treasons
           ,
           but
           which
           doth
           ,
           may
           and
           ought
           by
           the
           self
           same
           Justice
           ,
           reason
           ,
           equity
           to
           extend
           to
           the
           Treasons
           of
           
             Irish-Peers
          
           ,
           (
           this
           Statute
           making
           no
           distinction
           between
           the
           one
           and
           other
           ,
           and
           the
           Commons
           of
           
             Ireland
          
           having
           as
           absolute
           a
           right
           and
           Inheritance
           in
           their
           native
           Privilege
           of
           being
           tryed
           by
           their
           Peers
           in
           
             Ireland
             ,
          
           (
           which
           yet
           is
           taken
           away
           by
           this
           Act
           in
           case
           of
           Treason
           )
           as
           the
           Peers
           in
           
             Ireland
          
           have
           in
           their
           Peerage
           to
           be
           tryed
           there
           by
           their
           
             Irish-Peers
          
           :
           )
           We
           must
           not
           ,
           yea
           we
           cannot
           in
           point
           of
           Justice
           distinguish
           between
           the
           one
           and
           other
           ,
           where
           the
           Law
           it self
           makes
           no
           distinction
           :
           Therefore
           since
           the
           
             Irish
          
           Commoner
           is
           undoubtedly
           within
           the
           words
           and
           scope
           of
           this
           Act
           to
           be
           tryed
           at
           this
           Bar
           by
           a
           
             Middlesex-Jury
          
           ,
           the
           
             Irish-Peer
          
           (
           unless
           we
           will
           judge
           with
           respect
           of
           persons
           ,
           and
           coyn
           a
           distinction
           not
           warranted
           by
           this
           Act
           )
           must
           be
           also
           tryed
           in
           the
           self-same
           manner
           .
           The
           Law
           is
           the
           same
           ,
           the
           crime
           is
           the
           same
           ,
           both
           in
           
             Magwires
          
           and
           in
           
             Mac-Mahones
          
           cases
           ,
           therefore
           the
           Tryal
           and
           Judgement
           too
           must
           in
           law
           ,
           reason
           be
           the
           same
           in
           both
           .
        
         
           3ly
           .
           It
           will
           be
           granted
           me
           without
           dispute
           ,
           That
           if
           an
           
             Irish-Peer
          
           commit
           Treason
           in
           any
           forein
           parts
           out
           of
           
             England
          
           and
           
             Ireland
             ,
          
           as
           in
           
             Spain
             ,
             France
             ,
             Flanders
             ,
             Italy
             ,
          
           or
           
             Germany
             ,
          
           he
           shall
           be
           tryed
           in
           this
           Court
           by
           an
           ordinary
           
           Jury
           if
           Free-holders
           ,
           and
           not
           by
           his
           Peers
           in
           
             Ireland
             ,
          
           by
           vertue
           of
           this
           Act.
           Nay
           ,
           if
           he
           commit
           Treason
           in
           
             Ireland
             ,
          
           and
           flye
           into
           
             England
             ;
          
           he
           may
           and
           shall
           be
           tryed
           for
           that
           very
           Treason
           by
           an
           ordinary
           Jury
           at
           this
           Bar
           ,
           
             *
          
           because
           by
           flying
           his
           Country
           ,
           and
           a
           legal
           tryal
           there
           ,
           he
           hath
           outed
           himself
           of
           the
           benefit
           of
           his
           Peers
           .
           Therefore
           it
           extends
           to
           
             Irish-Peers
             ,
          
           even
           for
           Treasons
           done
           in
           
             Ireland
             ,
          
           else
           they
           could
           not
           be
           tryable
           here
           in
           any
           of
           these
           Cases
           ,
           which
           are
           granted
           on
           all
           hands
           to
           be
           Law
           .
        
         
           4ly
           .
           It
           is
           evident
           by
           the
           
             Proviso
          
           in
           this
           Act
           ,
           that
           
             English
             Peers
          
           committing
           any
           manner
           of
           
             Treasons
             out
             of
             this
             Realm
             ,
             are
             tryable
             for
             it
             in
             England
          
           by
           vertue
           of
           this
           Law
           ,
           as
           well
           as
           
             English
             Commons
             ,
          
           though
           they
           were
           not
           so
           by
           the
           Common-law
           .
           Therefore
           
             Irish
             Peers
          
           committing
           Treason
           ,
           shall
           be
           within
           it
           likewise
           ,
           &
           so
           tryable
           here
           as
           well
           as
           
             Irish
          
           Commons
           ,
           else
           they
           should
           be
           in
           far
           better
           condition
           than
           
             English
          
           or
           
             Scotish
             Peers
             ,
          
           and
           quite
           exempted
           out
           of
           this
           Act.
           Now
           the
           same
           words
           that
           bring
           
             English-Peers
          
           within
           this
           Law
           ,
           must
           of
           necessity
           hook
           in
           
             Irish-Peers
          
           too
           ,
           there
           being
           no
           clause
           which
           exempts
           or
           includes
           the
           one
           more
           than
           the
           other
           .
        
         
           5ly
           .
           The
           very
           letter
           ,
           intent
           ,
           and
           scope
           of
           this
           Act
           (
           as
           appears
           by
           the
           body
           of
           it
           ,
           and
           likewise
           by
           the
           Statutes
           of
           26
           H.
           8.
           c.
           13.
           
           &
           5
           ,
           &
           6
           E.
           6.
           c.
           11.
           to
           the
           same
           effect
           )
           was
           ,
           
             to
             make
             all
             Treasons
             done
             or
             commiteed
             out
             of
          
           England
           
             by
             any
             person
             or
             persons
             whatsoever
             ,
             tryable
             in
          
           England
           ,
           
             either
             before
             the
             Justices
             in
             this
             Court
             ,
             or
          
           
             *
          
           
             before
             special
             Commissioners
             in
             some
             other
             Counties
             ;
          
           but
           to
           be
           still
           tryable
           
             within
             this
             Realm
             ,
          
           as
           the
           words
           (
           
             All
             manner
             of
             Treasons
             hereafter
             to
             be
             done
             ,
             perpetrated
             ,
             or
             committed
             by
             any
             person
             or
             persons
             out
             of
             the
             Realm
             of
          
           England
           ,
           shall
           be
           
             from
             henceforth
             
               enquired
               of
               ,
               head
               ,
               and
               determined
               before
               the
               Kings
               Justices
               of
               his
               Bench
               &c.
            
          
           )
           clearly
           resolve
           in
           direct
           terms
           :
           Therefore
           to
           make
           the
           Treasons
           of
           
             Irish-Peers
          
           committed
           in
           
             Ireland
          
           or
           elsewhere
           tryable
           here
           in
           
             England
             ,
          
           as
           well
           as
           the
           Treasons
           of
           
             English-Peers
             ,
          
           or
           
             Irish-Commoners
             .
          
           And
           to
           send
           them
           back
           into
           
             Ireland
          
           to
           be
           
           there
           tryed
           by
           their
           Peers
           ,
           when
           once
           they
           are
           here
           in
           Prison
           ,
           and
           indicted
           in
           this
           Court
           ,
           by
           exempting
           them
           out
           of
           this
           Act
           ,
           contrary
           to
           the
           very
           letter
           and
           intent
           of
           the
           Law
           ,
           is
           to
           run
           point-blank
           against
           the
           very
           words
           and
           meaning
           of
           this
           Law
           and
           the
           Law-makers
           :
           Therefore
           he
           must
           by
           this
           Act
           be
           tryed
           at
           this
           Bar
           ,
           and
           that
           by
           an
           ordinary
           Jury
           only
           ,
           as
           I
           shall
           prove
           anon
           .
        
         
           6ly
           .
           The
           very
           scope
           and
           sole
           purport
           of
           this
           Act
           is
           not
           to
           make
           new
           Treasons
           or
           Traytors
           ,
           which
           were
           none
           before
           ,
           but
           to
           bring
           real
           Traytors
           only
           for
           Treasons
           formerly
           made
           ,
           or
           hereafter
           to
           be
           made
           and
           declared
           Treasons
           by
           the
           Laws
           and
           Statutes
           of
           this
           Realm
           ,
           to
           exemplary
           punishment
           in
           this
           Kingdome
           ,
           for
           the
           peace
           and
           preservation
           of
           the
           King
           ,
           Realm
           ,
           and
           the
           better
           execution
           of
           Justice
           (
           the
           very
           life
           of
           Laws
           )
           upon
           Delinquents
           only
           of
           the
           highest
           rank
           ,
           for
           the
           most
           transcendent
           crimes
           of
           High
           
             Treasons
             ,
          
           of
           misprision
           ,
           or
           concealments
           of
           Treasons
           ,
           not
           for
           Felonies
           ,
           or
           petit
           Treasons
           :
           Which
           consideration
           must
           necessarily
           induce
           us
           ,
           for
           the
           common
           good
           ,
           to
           give
           it
           the
           largest
           ,
           fullest
           ,
           and
           most
           equitable
           constraction
           that
           may
           be
           .
           Thus
           the
           Judges
           in
           former
           times
           have
           always
           interpreted
           it
           ,
           as
           appears
           by
           
             Dyer
             ,
             f.
             132
             ,
             298.
             
             Cookes
             7.
             
             Rep.
          
           Calvins
           
             Case
             ,
             f.
             23.
             a.
          
           his
           first
           Institut
           .
           on
           
             Littleton
             ,
             f.
             26.
             his
          
           3
           Instit.
           
             p.
          
           24.
           and
           in
           
             Orourkes
          
           case
           ;
           wherein
           the
           Judges
           resolved
           .
           1.
           
           That
           the
           Statute
           of
           1
           
             Mar.
          
           Sess.
           1.
           repealing
           all
           former
           Treasons
           ,
           but
           those
           within
           25
           E.
           3.
           and
           of
           1
           &
           2
           Phil.
           and
           Mar.
           c.
           10.
           enacting
           ,
           
             That
             all
             Tryals
             hereafter
             to
             be
             had
             for
             any
             Treason
             ,
             shall
             be
             had
             and
             used
             only
             according
             to
             the
             due
             course
             of
             the
             Common-law
             of
             this
             Realm
             ,
             and
             not
             otherwise
             :
             exend
             not
             to
             the
             taking
             way
             of
             forem
             Treasons
             or
             their
             tryals
             by
             this
             Law
             ;
          
           And
           in
           
             Orourks
          
           case
           ,
           they
           extended
           it
           by
           equity
           ,
           beyond
           ,
           and
           in
           some
           sort
           against
           the
           letter
           of
           the
           Law
           it self
           ;
           
             for
             he
             standing
             mute
             ,
             and
             refusing
             his
             Tryal
             ,
             was
             thereupon
             condemned
             and
             executed
             for
             a
             Treason
             committed
             by
             him
             in
          
           Ireland
           ,
           though
           the
           words
           of
           the
           Statute
           are
           ,
           
             The
             Treason
             shall
             be
             enquired
             of
             ,
             heard
             and
             determined
             before
             the
             Justices
             of
             the
             
             Kings
             Bench
             by
             good
             and
             lawfull
             men
             of
             the
             same
             Shire
             ,
             where
             the
             said
             Bench
             shall
             sit
             ;
          
           and
           the
           Act
           speaks
           nothing
           at
           all
           of
           standing
           mute
           .
           But
           this
           being
           a
           publique
           Law
           for
           the
           Common
           good
           ,
           to
           bring
           Traytors
           only
           to
           their
           Tryal
           and
           just
           punishment
           ,
           his
           refusal
           to
           put
           himself
           upon
           his
           Tryal
           ,
           was
           adjudged
           to
           be
           a
           determination
           and
           conviction
           of
           his
           Treasons
           within
           the
           Act
           ,
           else
           any
           Traytor
           by
           standing
           mute
           might
           evade
           and
           frustrate
           this
           good
           Law
           .
           If
           then
           this
           Statute
           may
           thus
           be
           construed
           by
           equity
           and
           dilated
           beyond
           the
           words
           to
           one
           who
           stands
           mute
           ,
           for
           a
           Treason
           done
           in
           
             Ireland
             :
          
           much
           more
           may
           it
           be
           extended
           to
           a
           treason
           by
           an
           
             Irish-Peer
          
           ,
           who
           is
           fully
           within
           the
           words
           and
           intent
           of
           it
           ,
           as
           I
           have
           already
           manifested
           :
           And
           it
           would
           be
           a
           most
           pernicious
           gloss
           which
           should
           either
           elude
           or
           nullifie
           this
           beneficial
           publique
           Law
           .
        
         
           7ly
           .
           It
           is
           clearly
           resolved
           in
           and
           by
           our
           Parliaments
           ,
           13
           E.
           1.
           Proem.
           13
           E.
           1.
           of
           Statute
           Merchants
           ,
           21
           
             E.
          
           3.
           rot
           .
           parl.
           n.
           67.
           in
           the
           Statute
           of
           5
           H.
           5.
           ch.
           6.
           &
           in
           divers
           of
           our
           
             *
          
           Law-books
           ,
           
             That
             Acts
             of
             Parliaments
             made
             in
          
           England
           ,
           
             wherein
          
           Ireland
           
             is
             either
             specially
             named
             or
             generally
             and
             necessarily
             included
             ,
             do
             bind
             those
             in
          
           Ireland
           
             both
             Commoners
             or
             Peers
             alike
             .
          
           This
           therefore
           being
           such
           a
           Law
           ,
           extending
           and
           binding
           those
           in
           
             Ireland
          
           as
           hath
           been
           resolved
           in
           the
           forecited
           Cases
           ,
           it
           must
           certainly
           bind
           both
           the
           Peers
           and
           Commons
           of
           
             Ireland
          
           to
           a
           Tryal
           at
           this
           Bar
           for
           Treasons
           done
           in
           
             Ireland
             ,
          
           when
           the
           King
           and
           Kingdom
           deem
           it
           necessary
           or
           expedient
           to
           try
           them
           here
           in
           
             England
             .
          
        
         
           8ly
           .
           The
           Proviso
           in
           this
           Act
           for
           tryal
           of
           Treasons
           done
           out
           of
           this
           Realm
           ,
           by
           
             Peers
          
           within
           the
           same
           ,
           extends
           only
           in
           positive
           terms
           to
           
             Peers
             of
             this
             Realm
             of
          
           England
           ,
           because
           they
           only
           are
           Peers
           within
           
             England
             ,
          
           and
           so
           only
           tryable
           by
           their
           Peers
           ,
           for
           forein
           Treasons
           within
           the
           same
           ,
           not
           to
           Peers
           of
           
             Ireland
          
           who
           are
           no
           Peers
           at
           all
           ,
           nor
           tryable
           by
           their
           Peers
           within
           this
           Realm
           of
           
             England
             ,
          
           Therefore
           this
           Proviso
           extending
           only
           to
           Peers
           of
           this
           Realm
           ,
           excludes
           all
           other
           forein
           Peers
           whether
           
             Irish
          
           or
           
             Scots
             ,
          
           from
           any
           tryal
           by
           their
           Peer●
           
           in
           
             England
          
           for
           Treasons
           acted
           out
           of
           it
           .
        
         
           9ly
           .
           There
           is
           very
           great
           reason
           why
           Natural
           
             Irish
          
           Peers
           and
           Barons
           should
           be
           within
           the
           compass
           of
           this
           Law
           as
           well
           as
           Commoners
           ,
           and
           
             rather
             they
             than
             any
             other
             forein
          
           Peers
           ,
           because
           as
           our
           
             *
          
           Historians
           ,
           the
           
             Irish
             Annals
             ,
          
           Statutes
           and
           our
           Records
           do
           testifie
           ,
           ever
           since
           their
           conquest
           by
           K.
           
             Henry
          
           the
           2d
           .
           and
           submission
           to
           the
           Kings
           of
           
             England
             ,
          
           they
           have
           
             frequently
             (
             almost
             every
             year
             )
             in
             most
             Kings
             Reigns
             broken
             footh
             into
             private
             ,
             petit
             ,
             or
             general
             Rebellions
             and
             Insurrections
             against
             the
          
           English
           (
           as
           I
           could
           instance
           in
           sundry
           particulars
           )
           in
           which
           Rebellions
           I
           commonly
           find
           a
           
             Magwire
             ,
          
           a
           
             Mao-Mahon
             ,
          
           and
           
             Oneal
             ,
          
           in
           the
           
             van
             ,
          
           as
           
             Ring-leaders
             of
             all
             the
             rest
             ,
          
           as
           they
           were
           in
           this
           last
           Rebellion
           ,
           wherein
           most
           of
           the
           native
           
             Irish
          
           Peers
           and
           greatest
           
             septs
          
           have
           been
           deeply
           engaged
           as
           principal
           Conspiratours
           .
           Among
           other
           Rebellions
           I
           find
           in
           Story
           ,
           and
           (
           which
           is
           more
           authentick
           )
           in
           the
           
           express
           Statute
           made
           in
           the
           Parliament
           at
           
             Dublin
          
           in
           
             Ireland
             ,
             anno
             28
             H.
             8.
             c.
          
           1.
           (
           but
           7
           years
           before
           this
           Law
           ;
           )
           That
           
             Gerald
             Fitz
             Gerald
             Earl
             of
          
           Kyldare
           ,
           
             the
             Earl
             of
          
           Desmond
           ,
           with
           divers
           other
           of
           
             the
             Irish
             Peers
             and
             Gentry
             conspiring
             together
             ,
             to
             extirpate
             the
          
           English
           ,
           
             and
             deprive
             the
             King
             of
             his
             Soveraignty
             in
          
           Ireland
           ,
           
             did
             send
             to
             the
          
           French
           King
           ,
           the
           Emperour
           and
           Bishop
           of
           Rome
           ,
           
             for
             ayd
             and
             assistance
             for
             taking
             the
             same
             Land
             out
             of
             the
             Kings
             and
          
           English
           
             possessions
             ;
             and
             thereupon
             with
             Banners
             displayed
             and
             great
             forces
             traytorously
             invaded
             the
             Kings
             dominions
             there
             ,
             besieged
             the
             City
             and
             Castle
             of
          
           Dublin
           ,
           
             murdered
             the
             Kings
             good
             Subjects
             ,
             who
             withstood
             them
             ,
             and
             resisted
             the
             Kings
             forces
             sent
             from
             hence
             ,
             &c.
             for
             which
             they
             were
             all
             by
             this
             Act
          
           attainted
           of
           High
           Treafon
           .
           The
           like
           general
           Rebellions
           have
           there
           broke
           forth
           sundry
           times
           both
           before
           and
           since
           that
           Act
           ;
           but
           none
           so
           generally
           ,
           dangerously
           ,
           bloodily
           ,
           as
           this
           for
           which
           the
           Prisoner
           at
           the
           Bar
           stands
           endicted
           .
           The
           Treasons
           therefore
           in
           
             Ireland
          
           being
           commonly
           so
           frequent
           ,
           so
           general
           ,
           (
           wherein
           most
           of
           the
           native
           
             Irish-Peers
          
           ,
           and
           some
           of
           the
           
             English
          
           extraction
           too
           )
           were
           usually
           chief
           Actors
           ;
           there
           was
           very
           great
           reason
           ,
           
           policie
           and
           justice
           too
           ,
           why
           such
           a
           Law
           as
           this
           should
           be
           made
           ,
           to
           reach
           to
           
             Ireland
             ,
          
           and
           why
           in
           such
           cases
           as
           these
           ,
           (
           Rebellions
           there
           being
           so
           universal
           ,
           and
           most
           of
           the
           
             Irish
          
           Nobility
           ,
           Conspiratours
           ,
           and
           parties
           in
           them
           )
           that
           these
           Peers
           and
           the
           chiefest
           Conspiratours
           when
           surprized
           ,
           should
           be
           presently
           sent
           over
           from
           thence
           into
           
             England
          
           and
           tryed
           there
           for
           their
           
             Treasons
             .
          
        
         
           1.
           
           To
           secure
           their
           persons
           from
           escapes
           and
           rescues
           ,
           which
           might
           be
           there
           more
           easily
           procured
           ,
           especially
           when
           and
           where
           the
           
             Irish
          
           Rebells
           are
           Masters
           of
           the
           Field
           ,
           as
           the
           Statute
           of
           17
           H.
           7.
           in
           
             Ireland
             .
          
           c.
           14.
           resolves
           .
        
         
           2ly
           .
           To
           avoid
           a
           
             *
          
           fayler
           of
           Justice
           there
           ,
           when
           by
           reason
           of
           the
           many
           
             Irish
          
           Peers
           there
           out
           in
           actual
           Rebellion
           ,
           or
           by
           means
           of
           alliance
           of
           most
           other
           Peers
           to
           them
           ,
           or
           of
           the
           flight
           of
           other
           thence
           ,
           or
           the
           employment
           of
           them
           in
           service
           ,
           or
           places
           of
           trust
           ,
           or
           by
           reason
           of
           the
           interposition
           of
           the
           Rebels
           forces
           between
           them
           and
           the
           place
           of
           their
           Tryal
           chere
           ,
           a
           competent
           number
           of
           indifferent
           
             Irish
          
           Peers
           for
           a
           speedy
           Tryal
           cannot
           be
           assembled
           with
           safety
           or
           conveniency
           in
           
             Ireland
          
           to
           try
           a
           Rebellious
           Traytor
           by
           his
           Peers
           there
           ;
           which
           obvious
           defects
           are
           all
           supplyed
           by
           this
           Act
           .
        
         
           3ly
           .
           To
           prevent
           all
           partiality
           and
           injustice
           in
           such
           Cases
           ,
           which
           might
           happen
           in
           Tryals
           by
           Peers
           in
           
             Ireland
          
           either
           by
           consanguinity
           or
           alliance
           of
           the
           Peer
           to
           be
           tryed
           ,
           to
           the
           
             Irish
          
           Peers
           who
           are
           to
           try
           him
           ,
           or
           by
           confederacy
           of
           the
           Tryers
           in
           the
           same
           Treason
           with
           the
           party
           tryed
           ;
           or
           through
           fear
           of
           mischief
           or
           revenge
           upon
           the
           Tryers
           ,
           Jury
           ,
           Witnesses
           ,
           Judges
           ,
           by
           the
           tryed
           Rebels
           Friends
           ,
           Kindred
           and
           Confederates
           ,
           in
           case
           he
           should
           be
           condemned
           by
           them
           and
           executed
           (
           none
           being
           so
           vindictive
           and
           bloody
           in
           this
           kind
           as
           the
           
             Irish
          
           )
           Upon
           all
           which
           weighty
           reasons
           ,
           there
           was
           special
           cause
           ,
           why
           both
           in
           justice
           ,
           policy
           ,
           and
           prudence
           ,
           all
           
             Irish
          
           Peers
           ,
           who
           by
           publick
           Rebellion
           commit
           High
           Treason
           in
           
             Ireland
             ,
          
           should
           be
           sent
           over
           and
           tryed
           here
           by
           ordinarie
           Juries
           ,
           to
           prevent
           the
           forenamed
           mischiefs
           and
           fayler
           of
           Justice
           ,
           and
           bring
           them
           to
           condign
           punishment
           .
           Now
           
           in
           this
           case
           here
           in
           judgement
           at
           the
           Bar
           ,
           all
           these
           recited
           reasons
           hold
           .
           For
           first
           ,
           most
           of
           the
           
             Irish
          
           Peers
           were
           in
           actual
           Rebellion
           when
           the
           Prisoner
           was
           sent
           over
           :
           most
           of
           the
           
             English
          
           and
           Protestant
           
             Irish
          
           Peets
           there
           ,
           eimurthered
           or
           forced
           to
           flye
           thence
           ,
           or
           so
           dispersed
           and
           imployed
           ,
           that
           they
           could
           not
           assemble
           a
           competent
           number
           of
           indifferent
           Peers
           to
           any
           place
           with
           conveniency
           to
           try
           him
           in
           
             Ireland
             .
          
           2ly
           .
           The
           enemies
           and
           
             Irish
          
           Rebels
           were
           then
           Masters
           of
           the
           field
           in
           most
           places
           ,
           the
           Prisoner
           in
           danger
           to
           be
           rescued
           by
           force
           from
           them
           ,
           or
           by
           treachery
           likely
           for
           to
           escape
           out
           of
           their
           hands
           ;
           and
           the
           times
           so
           troublesome
           ,
           as
           would
           admit
           no
           leasure
           for
           such
           a
           Tryal
           .
           3ly
           .
           Most
           of
           the
           
             Irish
          
           were-allyed
           to
           
             Magwire
             ,
          
           or
           ingaged
           with
           him
           in
           the
           self-same
           Treason
           and
           Rebellion
           ;
           and
           so
           neither
           in
           Law
           ,
           Justice
           ,
           or
           Prudence
           fit
           or
           indifferent
           persons
           to
           pass
           upon
           his
           Tryal
           in
           this
           Case
           of
           most
           publick
           concernment
           .
           4ly
           .
           The
           Judges
           ,
           Witnesses
           and
           Peers
           that
           should
           try
           him
           there
           ,
           would
           have
           been
           in
           extreme
           perill
           of
           their
           lives
           ,
           and
           of
           exemplary
           publick
           revenges
           from
           their
           Confederate-Rebels
           ,
           who
           threatned
           revenge
           ,
           as
           appears
           by
           
             Mac-Mahons
          
           Speech
           (
           
             Magwires
          
           Confederate
           )
           to
           the
           Justices
           upon
           his
           ●irst
           examination
           :
           
             I
             am
             now
          
           (
           said
           he
           )
           
             in
             your
             hands
             ,
             and
             you
             may
             do
             with
             me
             what
             you
             please
             :
             
               But
               I
               am
               sure
               within
               few
               daies
               I
               shall
               be
               revenged
               :
            
          
           and
           by
           like
           words
           of
           revenge
           used
           by
           
             Owen
             Oneile
          
           in
           
             Flanders
          
           so
           soon
           as
           he
           heard
           
             Magwire
          
           was
           apprehended
           .
           5ly
           .
           If
           he
           should
           now
           be
           sent
           back
           from
           hence
           into
           
             Ireland
          
           to
           be
           tryed
           ,
           the
           Rebels
           and
           his
           party
           are
           there
           so
           predominant
           ,
           that
           scarce
           any
           Witnesses
           ,
           nor
           Peers
           ,
           nor
           Judges
           either
           would
           or
           durst
           there
           to
           appear
           openlie
           against
           him
           ;
           or
           else
           such
           means
           would
           be
           made
           to
           delay
           or
           delude
           his
           Tryal
           and
           Execution
           ,
           that
           by
           some
           device
           or
           other
           ,
           there
           would
           questionless
           be
           a
           fayler
           of
           Justice
           against
           him
           .
           Therefore
           for
           all
           these
           weighty
           reasons
           ,
           he
           may
           and
           ought
           by
           all
           rules
           of
           Policy
           ,
           Equity
           ,
           and
           Justice
           to
           be
           arraigned
           and
           tryed
           only
           at
           this
           Bar
           by
           vertue
           of
           this
           Act
           ,
           which
           so
           clearly
           extends
           unto
           him
           ;
           
             That
             so
             the
             blood
             
             of
          
           
             *
          
           
             above
             one
             hundred
             and
             fifty
             thousand
             innocent
             Protestants
             shed
             in
          
           Ireland
           
             in
             less
             than
             four
             months
             space
          
           by
           means
           of
           
             this
             Rebellion
             ,
          
           which
           cryes
           loud
           to
           Heaven
           and
           Earth
           for
           revenge
           against
           this
           great
           Contriver
           and
           Arch-promo
           of
           it
           ,
           may
           not
           go
           un-revenged
           in
           a
           way
           of
           publick
           Justice
           to
           our
           eternal
           infamie
           .
           I
           have
           quite
           done
           with
           the
           second
           and
           main
           Question
           ,
           and
           proved
           an
           
             Irish
          
           Peer
           to
           be
           within
           the
           Statute
           ,
           as
           well
           as
           an
           
             Irish
          
           Commoner
           .
        
         
           I
           shall
           now
           proceed
           to
           the
           last
           point
           ,
           arising
           from
           the
           
           manner
           of
           this
           Plea
           ,
           that
           he
           may
           be
           tryed
           by
           his
           Peers
           ,
           not
           expressing
           ,
           where
           or
           how
           ,
           and
           intimating
           that
           he
           would
           be
           so
           tryed
           here
           in
           
             England
             .
          
           It
           is
           briefly
           this
           .
           
             Admitting
             an
          
           Irish
           
             Peer
             to
             be
             tryable
             in
          
           England
           
             for
             a
             Treason
             committed
             by
             him
             in
          
           Ireland
           ,
           
             whether
             this
             doth
             not
             inevitably
             out
             him
             of
             his
             Tryal
             by
          
           Irish
           
             Peers
             ,
             and
             subj●ct
             him
             him
             to
             a
             Tryal
             at
             this
             Bar
             by
             an
             ordinary
             Jury
             ,
             as
             well
             as
             an
          
           Irish
           
             Commoner
             ?
             And
             I
             conceive
             without
             any
             scruple
             ,
             affirmatively
             ;
             that
             it
             doth
             ,
             for
             these
             undenyable
             Reasons
             .
          
        
         
           1.
           
           Because
           
             Irish
          
           Peers
           ,
           are
           Peers
           only
           in
           
             Ireland
             ,
          
           not
           in
           
             England
             ,
          
           and
           cease
           to
           be
           such
           in
           judgement
           of
           Law
           so
           soon
           as
           ever
           they
           arive
           in
           
             England
             ,
          
           both
           personally
           in
           themselves
           and
           relatively
           to
           others
           ,
           being
           here
           in
           judgement
           but
           mere
           
             Esquires
             ,
          
           not
           
             Lords
             ,
          
           and
           are
           to
           be
           sued
           as
           such
           ,
           not
           as
           
             Lords
          
           or
           
             Peers
             ,
          
           even
           as
           Peers
           of
           
             Scoland
             ,
             France
             ,
          
           or
           
             Spain
          
           are
           ,
           as
           is
           resolved
           and
           adjudged
           11
           
             E.
             3.
             Fitzh.
             Brief
             473.
             8
             R.
             2.
             
             Process
             ,
             Fitzh.
             224.
             20
             E.
             4.
             6.
             
             Brook
             ,
             Nosme
             de
             dignity
             ,
             49
             M.
             19
             &
             20
             Eliz.
             Dyer
             360.
             b.
             Cooks
             7
             Rep.
             f.
             15
             ,
             16.
             
             Calvins
             case
             ,
             Co.
             9
             Rep.
             f.
          
           117.
           the
           
             Lord
             Sanchers
             Case
          
           in
           point
           ,
           and
           
             Cooks
             3
             Instit.
             p.
          
           30.
           
           The
           Prisoner
           then
           being
           no
           Peer
           in
           
             England
             ,
          
           it
           is
           impossible
           that
           he
           should
           be
           tryed
           in
           
             England
          
           by
           his
           Peers
           .
        
         
           2ly
           .
           Because
           no
           such
           way
           of
           Tryal
           was
           ever
           yet
           heard
           of
           in
           any
           age
           ,
           of
           any
           
             Irish
          
           or
           other
           forein
           Peer
           ,
           tryed
           here
           in
           
             England
             ,
          
           either
           by
           
             English
          
           Peers
           ,
           or
           by
           his
           
             Irish
          
           or
           forein
           Peers
           ;
           Therfore
           such
           a
           Trial
           shall
           not
           nor
           can
           be
           had
           or
           admitted
           now
           ,
        
         
         
           3ly
           .
           Because
           neither
           the
           Kings
           Bench
           ,
           nor
           the
           Commissioners
           before
           whom
           the
           Statute
           limits
           these
           forein
           Treasons
           to
           be
           tryed
           ,
           nor
           yet
           the
           High
           Steward
           of
           
             England
             ,
          
           (
           if
           any
           such
           should
           be
           created
           )
           have
           any
           power
           or
           jurisdiction
           to
           summon
           a
           Jury
           of
           Peers
           out
           of
           
             Ireland
          
           to
           appear
           before
           them
           here
           in
           
             England
          
           upon
           such
           a
           Tryal
           as
           this
           ;
           neither
           are
           the
           Peers
           of
           
             Ireland
          
           bound
           by
           any
           Law
           to
           appear
           or
           attend
           as
           Peers
           on
           any
           such
           service
           or
           tryal
           here
           ,
           being
           Peers
           ,
           &
           bound
           to
           service
           as
           Peers
           (
           which
           their
           Patents
           express
           )
           only
           in
           
             Ireland
             ,
          
           and
           no
           Peers
           here
           .
           Therefore
           a
           Tryal
           by
           his
           
             Irish
          
           Peers
           here
           in
           
             England
          
           is
           an
           impossibility
           ,
           as
           well
           as
           illegality
           .
        
         
           4ly
           .
           Admit
           a
           Jury
           of
           Peers
           might
           be
           summoned
           and
           sent
           from
           thence
           ,
           yet
           it
           would
           be
           a
           great
           delay
           of
           Justice
           ,
           it
           requiring
           a
           long
           time
           to
           procure
           a
           full
           appearance
           of
           Peers
           thence
           :
           yea
           ,
           a
           betraying
           of
           
             Ireland
          
           to
           the
           Rebels
           at
           this
           instant
           ,
           to
           send
           for
           so
           many
           Protestant
           indifferent
           Peers
           now
           from
           thence
           as
           might
           serve
           to
           try
           him
           here
           .
           Moreover
           ,
           it
           would
           be
           an
           infinite
           expence
           ,
           charge
           ,
           trouble
           ,
           besides
           the
           danger
           by
           Sea
           ,
           to
           summon
           a
           Jury
           of
           Peers
           from
           thence
           ;
           and
           if
           they
           failed
           to
           appear
           in
           
             England
          
           upon
           summons
           ,
           as
           is
           probable
           they
           would
           ,
           and
           lawfully
           might
           they
           being
           not
           bound
           to
           it
           by
           any
           Law
           and
           so
           no
           fine
           certain
           to
           be
           set
           upon
           them
           for
           not
           appearing
           ,
           nor
           legal
           means
           of
           coercion
           to
           compell
           them
           to
           come
           over
           upon
           such
           a
           Tryal
           ,
           there
           should
           be
           a
           fayler
           of
           Justice
           for
           want
           of
           such
           a
           Peerage
           ;
           And
           therefore
           no
           such
           Tryal
           may
           or
           can
           be
           expected
           ,
           which
           would
           delude
           and
           nul
           this
           Law
           .
        
         
           5ly
           .
           This
           Statute
           directs
           the
           Tryal
           of
           forein
           Treasons
           in
           express
           terms
           ,
           to
           
             be
             before
             the
             Judges
             in
             the
             Kings
             Bench
             ,
             or
             the
             Commissioners
             appointed
             by
             the
             King
             in
             any
             County
             of
             this
             Realm
             .
          
           Now
           no
           Tryal
           by
           
             English
          
           or
           
             Irish
          
           Peers
           was
           ever
           heatd
           of
           either
           in
           the
           
             Kings
             Bench
             ,
          
           or
           before
           such
           
             Commissioners
             ,
          
           But
           it
           alwaies
           hath
           been
           ,
           and
           ought
           to
           be
           either
           in
           the
           house
           of
           
             Peers
             in
             Parliament
             ;
          
           or
           
             before
             the
             Lord
             High
             Steward
             of
          
           England
           ,
           as
           all
           former
           Presidents
           accord
           ,
           
             and
             15
             ,
             E.
             3.
             c.
             2.
             1
             H.
             4.
             1.
             10
             E.
          
           4.
           6.
           
           b.
           13
           
             H
             ▪
             8.
             12.
             
             Brook
             Treason
             ,
             29
             ,
             33.
             
             Cooks
             3
             Institutes
             ,
             c.
             1.
             
             &
             .
             2.
             p.
             28
             ,
             29
             ,
             30.
             4
             E.
             3.
             rot
             .
             Parl.
             n.
             1.
             50
             E.
             3.
             rot
             .
             Parl.
             n.
             21
             to
             31.
             34.
             7
             R.
             2.
             n.
             15.
             to
             24.
             10
             R.
             2.
             n.
             6.
             to
             18.
             11
             ,
             n.
             2.
             n.
             6
             ,
             7.
             14
             R.
             2.
             n.
             14.
             21
             R.
             2.
             n.
             12
             to
             17.
             
             &
             Placita
             Coronae
             coram
             dom
             .
             Rege
             in
             Parl.
             n.
             1.
             to
             20.
             1
             H.
             4.
             Plac.
             Coronae
             in
             Parl.
             n.
             1.
             to
             11.
             
             Walsingham
             Hist.
             Ang.
             p.
             402.
             2
             H.
             4.
             n.
             30.
             31.
             5
             H.
             4.
             rot
             .
             Parl.
             n.
          
           12.
           resolve
           .
           Therefore
           no
           Tryal
           can
           be
           in
           this
           case
           by
           Peers
           either
           in
           this
           Court
           ,
           or
           before
           Commissioners
           ,
           by
           vertue
           of
           this
           Act
           or
           any
           other
           Law
           .
        
         
           6ly
           .
           This
           Statute
           is
           introductive
           of
           a
           new
           way
           of
           trying
           
             forein
             Treasons
             ,
          
           done
           out
           of
           this
           Realm
           by
           a
           Jury
           within
           
             England
             ,
          
           which
           by
           the
           rules
           of
           the
           Common
           law
           could
           neither
           inquire
           nor
           take
           notice
           of
           any
           Treasons
           or
           matters
           committed
           ,
           perpetrated
           ,
           or
           acted
           beyond
           the
           Seas
           ,
           as
           is
           evident
           by
           the
           Prologue
           of
           this
           Act
           ,
           the
           Statutes
           of
           26
           H.
           8.
           c.
           13.
           5
           E.
           6.
           c.
           11.
           
           M.
           2
           &
           3
           E.
           1.
           
           Coram
           Rege
           Rot.
           56.
           
           Hereford
           .
           M.
           2
           E.
           2.
           Fitzh.
           Obligation
           15.
           
           &
           Utlagary
           18.
           
           Tr.
           8
           E.
           2.
           Fitzh.
           Testament
           6.
           6
           E.
           3.
           f.
           17.
           18.
           27
           
           Ass
           .
           43.
           41
           E.
           3.
           19.
           48
           E.
           3.
           2
           ,
           3.
           20
           H.
           6.
           28
           ,
           44.
           15
           E.
           4.
           14
           ,
           15.
           20
           E.
           4.
           
           Perkins
           ,
           sect.
           121.
           494.
           737.
           
           Cook
           4
           Instit.
           c.
           17.
           1
           Instit.
           ●
           .
           74.
           
           Stamford
           l.
           2.
           c.
           14.
           
           Cook
           2
           Rep.
           49
           
             a.
          
           Long
           &
           Pecocks
           case
           ,
           5
           Rep.
           f.
           107.
           
             a.
          
           3
           Instit.
           f.
           48
           ,
           49.
           
           Whereupon
           it
           altering
           the
           Common
           law
           in
           this
           particular
           ,
           it
           
             outs
             all
             former
             doubts
             ,
          
           &
           most
           punctually
           prescribes
           all
           the
           particulars
           and
           appurtenances
           belonging
           to
           the
           Tryal
           of
           them
           ,
           from
           which
           there
           neither
           may
           nor
           can
           be
           any
           variation
           by
           Law
           .
        
         
           First
           ,
           it
           appoints
           the
           place
           where
           they
           shall
           be
           tryed
           .
        
         
           1.
           
           
             In
             general
             ,
             within
             this
             Realm
             of
             England
             .
          
        
         
           2ly
           .
           
             In
             particular
             ,
             either
             in
             the
             Kings
             Bench
             wherever
             it
             sits
             ,
             on
             in
             such
             County
             as
             the
             King
             by
             his
             Commissions
             shall
             assign
             .
          
           2ly
           .
           The
           Judges
           before
           whom
           the
           Tryal
           shall
           be
           are
           thus
           particularly
           described
           ,
           
             The
             Justices
             of
             the
             Kings
             Bench
             ,
             o●
             such
             Commissioners
             as
             the
             King
             shall
             appoint
             under
             the
             great
             Seal
             .
          
        
         
           3ly
           .
           The
           Jury-men
           by
           whom
           they
           shall
           be
           t●yed
           are
           thus
           defined
           in
           
             Terminis
          
           in
           the
           Act
           ,
           
             By
             good
             and
             lawfull
             men
          
           (
           not
           Peers
           or
           Commons
           of
           Ireland
           )
           
             of
             the
             same
             
             Shire
             
               where
               the
               said
               Bench
               of
               the
               King
               shall
               sit
               ,
               if
               the
               Tryal
               shall
               be
               in
               the
               Kings
               Bench
               ;
            
          
           And
           
             if
             before
             Commissioners
             assigned
             by
             the
             King
             in
             any
             shire
             of
             the
             Realm
             ,
             then
             by
             the
             good
             and
             lawfull
             men
             of
             the
             
               same
               shire
            
             where
             the
             Commissioners
             sit
             ,
             which
             is
             doubled
          
           (
           ●ike
           
             Pharohs
          
           dreams
           )
           to
           make
           it
           more
           certain
           :
           and
           likewise
           precisely
           enacted
           by
           the
           Statutes
           of
           26
           
             H.
          
           8.
           
             c.
          
           13.
           
           &
           5
           ,
           &
           6
           E.
           6.
           c.
           11.
           in
           pursuance
           of
           this
           Act
           .
        
         
           4ly
           .
           The
           manner
           how
           the
           Tryal
           ,
           shall
           be
           is
           thus
           punctually
           specified
           .
           
             In
             such
             manner
             and
             form
             to
             all
             intents
             and
             purposes
             
               as
               if
               such
               Treasons
               ,
               &c.
               had
               been
               done
               ,
               perpetrated
               and
               committed
               within
               the
               same
            
          
           
             *
          
           
             shire
             where
             they
             shall
             be
             so
             inquired
             ,
             heard
             and
             determined
             ,
             as
             is
             aforesaid
             ;
          
           which
           last
           words
           (
           with
           the
           very
           like
           in
           the
           Sratutes
           of
           26
           
             H.
          
           8.
           c.
           13.
           
           &
           5
           
             E.
             6.
             c.
          
           11.
           extending
           to
           our
           case
           )
           put
           an
           end
           to
           the
           point
           in
           Question
           ;
           For
           if
           the
           Lord
           
             Magwire
          
           now
           at
           the
           Bar
           had
           committed
           the
           Treasons
           for
           which
           he
           is
           now
           endicted
           in
           
             Westminster
             ,
          
           there
           is
           no
           doubt
           nor
           scruple
           of
           it
           ,
           but
           he
           should
           have
           been
           tryed
           by
           a
           Jury
           of
           
             Middlesex
          
           notwithstanding
           his
           Peerage
           in
           
             Ireland
             ;
          
           and
           he
           could
           neither
           have
           pleaded
           nor
           demanded
           his
           Peerage
           ,
           as
           is
           resolved
           expresliè
           in
           
             Calvins
          
           case
           ,
           
             C.
          
           7
           Rep.
           
             f.
          
           15
           ,
           16.
           and
           in
           the
           Lord
           
             Sanchiars
          
           Case
           .
           
             Cooks
          
           9
           Rep.
           
             f.
          
           117.
           who
           was
           tryed
           condemned
           by
           an
           ordinary
           Jury
           ,
           for
           suborning
           
             Carliel
             to
             murther
             Turner
             with
             a
             pi●toll
             in
          
           England
           ,
           though
           a
           Peer
           of
           
             Scotland
             ,
          
           because
           he
           was
           here
           no
           Peer
           ;
           
             and
             the
             forecited
             Books
             are
             express
             ,
             that
             the
             same
             Law
             holds
             in
             case
             of
             a
             Peer
             of
          
           Ireland
           .
           Since
           then
           this
           Law
           expreslie
           enacts
           ,
           
             That
             the
             Tryal
             of
             all
             forein
             Treasons
             shall
             be
             by
             good
             and
             lawfull
             men
             of
             the
             same
             Shire
             where
             the
             Kings
             Bench
             shall
             sit
             in
             such
             manner
             and
             form
             ,
             
               To
               all
               intents
               and
               purposes
               ,
               as
               if
               the
               same
               Treasons
            
             had
             been
             committ●●
             here
             in
          
           Middlesex
           
             where
             the
             Kings
             Bench
             sits
             .
          
           There
           neither
           may
           nor
           can
           be
           any
           other
           form
           of
           tryal
           for
           the
           Prisoner
           ,
           nor
           in
           any
           other
           place
           ,
           nor
           before
           any
           other
           Judges
           ,
           nor
           by
           any
           other
           Jury
           ,
           but
           such
           as
           this
           Statute
           hath
           punc●…e
           defi●ed
           ;
           and
           than
           is
           by
           a
           Jurie
           of
           
             Middlesex
             ,
             
               To
               all
               intents
               and
               purposes
               as
               if
               the
               Treasons
            
             
             for
             which
             the
             Prisoner
             stands
             indicted
          
           had
           been
           plotted
           and
           executed
           in
           
             Middlesex
             .
          
           Therefore
           to
           admit
           him
           to
           a
           Tryal
           by
           
             Irish
             Peers
             ,
          
           and
           not
           by
           good
           and
           lawfull
           men
           of
           
             Middlesex
             ;
          
           or
           to
           send
           the
           Prisoner
           back
           to
           
             Ireland
          
           there
           to
           be
           tryed
           by
           his
           Peers
           ,
           is
           to
           run
           quite
           counter
           and
           pointblanck
           against
           this
           unanswerable
           clause
           of
           the
           Statute
           ,
           
             That
             he
             shall
             be
             tryed
             by
             good
             and
             lawfull
             men
             of
             the
             same
             Shire
             where
             the
             Kings
             Bench
             sits
             ,
             to
             all
             intents
             and
             purposes
             as
             if
             the
             Treasons
             had
             been
             there
             committed
             .
          
           And
           had
           they
           been
           there
           committed
           actuallie
           ,
           as
           they
           are
           legallie
           by
           the
           express
           purview
           of
           this
           Law
           ,
           it
           could
           never
           so
           much
           as
           be
           scrupled
           and
           made
           a
           
             quere
             ;
          
           whether
           he
           should
           be
           tryed
           by
           his
           
             Irish
          
           Peers
           here
           ?
           or
           sent
           over
           to
           be
           tryed
           in
           
             Ireland
          
           for
           Treasons
           acted
           there
           ,
           after
           an
           Endictment
           for
           them
           here
           found
           against
           him
           ?
           In
           one
           word
           ,
           Statutes
           which
           prescribe
           new
           forms
           of
           Trial
           in
           such
           a
           particular
           way
           as
           this
           Act
           doth
           ,
           are
           like
           
             Letters
          
           of
           
             Attorny
             ,
          
           or
           Licenses
           of
           
             Alienation
             ,
             
               *
            
             they
             must
             be
             most
             strictly
             pursued
             ,
             and
             not
             varied
             from
             in
             the
             least
             punctilio
             ;
          
           as
           was
           resolved
           by
           all
           the
           Judges
           of
           
             England
             ,
             Hill.
          
           21
           
             Jac.
          
           in
           the
           case
           of
           
             Penal
             laws
             ,
             Co.
          
           7
           Rep.
           
             f.
          
           36
           ,
           37.
           
           Therefore
           no
           other
           form
           of
           Trial
           ought
           to
           be
           admitted
           in
           this
           Case
           than
           what
           the
           Statute
           prescribes
           ,
           and
           that
           is
           onlie
           by
           
             good
             and
             lawfull
             men
             of
             Middlesex
             ,
          
           not
           by
           
             Irish
          
           Peers
           .
        
         
           7ly
           .
           The
           Proviso
           in
           this
           Act
           puts
           a
           period
           to
           this
           Case
           .
        
         
           
             Provided
             always
             ,
             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
             Endictment
             ,
             they
             shall
             have
             their
             Tryal
             by
             their
             Peers
             ,
             in
             such
             like
             manner
             as
             hath
             been
             heretofore
             accustomed
             .
          
        
         
           From
           whence
           I
           shall
           observe
           these
           five
           particulars
           .
        
         
           First
           ,
           that
           Treasons
           committed
           by
           
             English
          
           Peers
           in
           forein
           parts
           ,
           are
           tryable
           here
           in
           
             England
             ,
          
           within
           the
           verie
           bodie
           and
           purview
           of
           this
           Law
           .
           Therefore
           by
           the
           self-same
           reason
           ,
           law
           ,
           and
           justice
           ,
           Treasons
           committed
           out
           of
           this
           Realm
           in
           
             Ireland
          
           even
           by
           
             Irish
          
           Peers
           ,
           are
           triable
           in
           
             England
          
           by
           this
           Act
           ,
           else
           
             Irish
          
           Peers
           should
           be
           quite
           
           out
           of
           this
           Act
           ,
           and
           in
           better
           condition
           than
           
             English
          
           or
           any
           
             Irish
          
           Commoners
           ,
           who
           are
           clearly
           adjudged
           within
           it
           .
        
         
           2ly
           .
           That
           Tryal
           by
           
             Peers
             ,
          
           is
           saved
           by
           this
           Proviso
           onlie
           
             to
             the
             Peers
             of
             this
             Realm
             ,
          
           which
           both
           in
           the
           Prologue
           and
           body
           of
           this
           Act
           is
           expresly
           stiled
           
             this
             Realm
             of
             England
             .
          
           But
           the
           Peers
           of
           
             Ireland
          
           are
           no
           
             *
          
           Peers
           at
           all
           of
           this
           Realm
           of
           
             England
             ,
          
           as
           is
           resolved
           in
           11
           
             Ed.
          
           3.
           
           
             Brief
          
           473.
           20
           
             E.
          
           4.
           4.
           
             Co.
          
           7
           
             Rep.
             f.
          
           15
           ,
           16.
           
           
             &
             9
             Rep.
          
           Lord
           
             Sanchars
          
           case
           ,
           
             f.
          
           117.
           
           
             Co.
          
           3
           
             Instit.
             p.
          
           30.
           and
           
             Dyer
             f.
             360.
             b.
          
           Therefore
           no
           waies
           within
           the
           compass
           ,
           words
           ,
           or
           reason
           of
           this
           Proviso
           ,
           but
           clearly
           secluded
           out
           of
           it
           ,
           and
           so
           not
           tryable
           by
           their
           Peers
           .
           And
           this
           Statute
           prescribing
           a
           new
           way
           of
           trial
           for
           forein
           Treasons
           ,
           not
           triable
           here
           by
           Peers
           before
           ,
           had
           excluded
           all
           
             English
          
           Peers
           from
           trial
           by
           their
           Peers
           ,
           by
           the
           bodie
           of
           the
           Law
           ,
           as
           some
           conceive
           ,
           had
           it
           not
           been
           saved
           to
           them
           by
           this
           special
           Proviso
           :
           Therefore
           certainlie
           
             Irish
          
           Peers
           who
           are
           not
           provided
           for
           at
           all
           ,
           and
           no
           Peers
           in
           
             England
             ,
          
           must
           necessarilie
           be
           excluded
           from
           their
           Peerage
           by
           it
           upon
           their
           trial
           here
           .
        
         
           3ly
           .
           The
           reason
           why
           this
           Law
           doth
           save
           the
           tryal
           by
           Peers
           to
           Peers
           of
           this
           Realm
           onlie
           and
           to
           no
           others
           (
           which
           as
           some
           conceived
           was
           not
           saved
           to
           them
           in
           cases
           of
           forein
           
             Treasons
          
           by
           the
           Statute
           of
           26
           
             H.
          
           8.
           
             c.
          
           13.
           as
           appears
           by
           the
           Lord
           
             Grayes
          
           case
           hereafter
           cited
           makes
           an
           end
           of
           the
           Case
           in
           Question
           ,
           because
           Peers
           of
           the
           Realm
           of
           
             England
          
           are
           Peers
           in
           everie
           shire
           and
           Countie
           of
           
             England
             .
          
           Therefore
           by
           the
           great
           Charter
           of
           
             England
             ,
          
           and
           all
           other
           Acts
           confirming
           it
           ,
           and
           the
           Common
           law
           it self
           ,
           they
           ought
           to
           be
           tried
           onlie
           by
           their
           Peers
           within
           all
           Counties
           and
           places
           of
           the
           Realm
           of
           
             England
             :
          
           But-Irish
           
             ,
             Scotish
             ,
          
           and
           forein
           Peers
           are
           no
           Peers
           in
           any
           Countie
           of
           
             England
             ,
          
           as
           the
           forecited
           Books
           ●esolve
           .
           Now
           this
           Statute
           enacting
           ,
           all
           forein
           Treasons
           to
           be
           triable
           not
           in
           
             Ireland
          
           or
           any
           other
           his
           Majesties
           Dominions
           ,
           but
           in
           
             England
          
           only
           ;
           it
           was
           necessarie
           and
           convenient
           by
           this
           special
           Proviso
           to
           save
           the
           Trial
           by
           Peers
           to
           all
           
             English
          
           Peers
           to
           be
           tryed
           for
           forein
           treasons
           only
           in
           
             England
             ,
          
           according
           to
           
             *
          
           
             Magna
             
             Charta
          
           and
           the
           
             Common
             law
             ,
          
           being
           their
           birthright
           ,
           because
           they
           are
           actual
           Peers
           in
           all
           places
           of
           
             England
             ,
          
           and
           may
           have
           
             English
          
           Peers
           enough
           at
           hand
           to
           trie
           them
           without
           delay
           upon
           all
           occasions
           .
           But
           
             Irish
          
           and
           other
           Peers
           being
           no
           Peers
           at
           all
           in
           
             England
             ,
          
           and
           it
           being
           a
           thing
           improper
           to
           trie
           them
           by
           
             English
          
           Peers
           being
           no
           real
           Peers
           to
           them
           ,
           and
           a
           thing
           impossible
           to
           try
           them
           here
           by
           
             Irish
          
           or
           any
           other
           forein
           Peers
           ,
           for
           the
           reasons
           formerlie
           alleged
           ,
           and
           this
           Statute
           confining
           the
           trials
           within
           it
           only
           to
           
             England
             ;
          
           it
           had
           been
           a
           direct
           contradiction
           and
           absurditie
           to
           provide
           ,
           that
           these
           forein
           Peers
           should
           be
           tried
           here
           by
           their
           forein
           Peers
           for
           Treasons
           ,
           and
           not
           by
           an
           ordinarie
           Jury
           ,
           because
           they
           are
           neither
           Peers
           themselves
           in
           
             England
             ,
          
           nor
           others
           who
           should
           come
           hither
           from
           
             Ireland
          
           or
           other
           forein
           parts
           ,
           who
           lose
           their
           forein
           Peerage
           ,
           as
           soon
           as
           they
           set
           foot
           on
           
             English
          
           ground
           ,
           with
           relation
           unto
           
             England
             ,
          
           where
           their
           Peerage
           presentlie
           ceaseth
           .
        
         
           4ly
           ,
           
             The
             Statute
             is
             ,
             That
             the
             trial
             for
             such
             Treasons
             ,
             &c.
             shall
             be
             in
             such
             manner
             and
             form
             to
             all
             in●ents
             and
             purposes
             as
             if
             they
             had
             been
             committed
             in
          
           England
           .
           Now
           if
           
             English
          
           Peers
           commit
           Treason
           in
           
             England
             ,
          
           they
           shall
           by
           the
           Statute
           of
           
             Magua
             Charta
             ,
             cap.
          
           29
           ,
           (
           yea
           by
           King
           
             Johns
          
           Charter
           ,
           and
           by
           the
           Common
           law
           long
           before
           ,
           as
           Sir
           
             Edmund
             Cook
          
           proves
           in
           his
           Commentary
           upon
           it
           ;
           and
           I
           have
           at
           large
           demonstrated
           in
           my
           
             *
          
           
             Plea
             for
             the
             Lords
             and
             House
             of
             Peers
          
           )
           be
           tried
           onlie
           by
           their
           Peers
           ,
           and
           not
           by
           any
           ordinarie
           Jurie
           ,
           by
           
             English
          
           but
           not
           
             Irish
          
           Peers
           ,
           as
           I
           have
           formerlie
           proved
           .
           Therefore
           the
           ground
           of
           saving
           trial
           by
           Peers
           ,
           to
           Peers
           of
           
             England
          
           by
           this
           Act
           is
           ,
           an
           unanswerable
           argument
           to
           denie
           such
           a
           trial
           here
           to
           any
           Peers
           of
           
             Ireland
          
           by
           
             Irish
          
           or
           
             English
          
           Peers
           .
        
         
           5ly
           .
           The
           last
           words
           of
           this
           Proviso
           determine
           the
           case
           in
           question
           without
           more
           dispute
           ;
           
             Provided
             alwaies
             ,
             that
             if
             any
             Peers
             of
             this
             Realm
             happen
             to
             be
             indicted
             of
             any
             such
             Treasons
             aforesaid
             by
             authority
             of
             this
             Act
             they
             shall
             have
             such
             trial
             by
             their
             Peers
             ,
             in
             such
             like
             manner
             as
             hath
             
               bean
               heretofore
               accustomed
               .
            
          
           It
           being
           alwaies
           the
           
           Custome
           of
           England
           
             *
          
           
             since
             Magna
             Charta
             ,
             and
             long
             before
             ,
             in
             cases
             of
             Treason
             at
             the
             Kings
             sute
             ,
          
           to
           trie
           
             all
             English
             Peers
             in
             England
             only
             by
             their
             Peers
             ,
          
           and
           such
           a
           privilege
           as
           
             *
          
           Sir
           
             Edward
             Cook
          
           holds
           ,
           
             they
             cannot
             waive
             if
             they
             would
             ,
             as
             it
             was
             adjudged
             in
             the
             Lord
          
           Dacres
           
             case
             ,
             Pas.
             28
             H.
             8.
             and
             since
             in
             the
             Earl
             of
          
           Castlehavens
           
             ease
             7
             Car.
             
          
           But
           on
           the
           other
           side
           it
           is
           most
           certain
           ,
           that
           it
           hath
           never
           
             been
             accustomed
             heretofore
             ,
          
           that
           
             Irish
          
           or
           anie
           other
           
             forein
             Peers
          
           should
           be
           tried
           for
           anie
           Treasons
           here
           committed
           by
           
             English
             ,
             Irish
             ,
          
           or
           anie
           other
           forein
           Countrie
           Peers
           within
           the
           Realm
           of
           
             England
             ,
          
           Nay
           ,
           no
           one
           President
           of
           this
           kind
           was
           ever
           heard
           of
           :
           and
           it
           is
           an
           impossible
           thing
           in
           point
           of
           Law
           ,
           as
           I
           have
           proved
           ;
           therefore
           no
           such
           trial
           by
           anie
           Peers
           can
           be
           once
           thought
           of
           or
           imagined
           for
           the
           Prisoner
           or
           anie
           other
           Peer
           of
           
             Ireland
             ,
          
           within
           the
           purview
           or
           proviso
           of
           this
           Act
           .
        
         
           5ly
           .
           I
           shall
           adde
           further
           
             ex
             abundanti
             ,
          
           to
           put
           this
           case
           out
           of
           all
           question
           that
           I
           have
           made
           some
           cursorie
           search
           into
           most
           of
           the
           
             Irish
             Annals
             ,
             Histories
             ,
             Antiquities
             ,
             Statutes
             ,
          
           upon
           this
           occasion
           and
           I
           should
           have
           made
           a
           further
           inquisition
           had
           I
           enjoyed
           anie
           vacant
           hours
           to
           do
           it
           )
           yet
           I
           cannot
           find
           so
           much
           as
           one
           President
           of
           anie
           
             Irish
             Peer
          
           tried
           in
           
             Ireland
          
           for
           Treason
           ,
           or
           anie
           other
           offence
           ,
           by
           his
           Peers
           ,
           before
           this
           Statute
           of
           35
           
             H.
          
           8.
           and
           I
           believe
           the
           Prisoners
           Councel
           cannot
           (
           as
           indeed
           they
           neither
           did
           nor
           could
           )
           produce
           one
           example
           of
           such
           a
           trial
           there
           ,
           by
           Peers
           ,
           before
           this
           Law
           ,
           nor
           anie
           Act
           of
           Parliament
           in
           that
           Realm
           before
           this
           Statute
           
             concerning
             Treason
             ,
          
           which
           provides
           ,
           
             that
             Irish
             Peers
             ,
             shall
             be
             tried
             by
             their
             Peers
             ,
          
           there
           being
           no
           such
           clause
           or
           least
           hint
           thereof
           to
           be
           found
           in
           the
           Statutes
           of
           18
           H.
           6.
           c.
           2
           ,
           3.
           
           ●●
           H.
           7.
           c.
           13.
           13
           H.
           8.
           c.
           1.
           28
           H.
           8.
           c.
           1
           ,
           2
           ,
           7.
           which
           make
           sundrie
           offences
           
             Treasons
             ,
          
           and
           extend
           to
           and
           mention
           
             Irish
             
               Lords
               and
               Rebels
            
          
           by
           name
           ,
           as
           well
           as
           Commons
           :
           all
           and
           everie
           of
           these
           Acts
           leaving
           both
           the
           
             Irish
             Peers
          
           and
           
             Commoners
          
           to
           the
           self-same
           rrial
           by
           a
           Jury
           .
           And
           since
           this
           Act
           I
           presume
           they
           cannot
           produce
           above
           one
           president
           (
           and
           that
           a
           verie
           late
           one
           in
           case
           of
           Treason
           )
           where
           an
           
           
             Irish
          
           Peer
           was
           tried
           by
           his
           Peers
           ,
           and
           it
           was
           the
           case
           of
           the
           L.
           
             Slane
             ,
          
           much
           about
           20
           years
           since
           there
           tried
           and
           acquitted
           by
           his
           Peers
           in
           
             Ireland
             ,
          
           as
           I
           am
           informed
           ;
           before
           which
           time
           ,
           
             it
             was
             then
             confessed
             by
             the
             Judges
             there
             they
             never
             heard
             or
             read
             of
             any
             one
             such
             tryal
             used
             in
          
           Ireland
           ;
           and
           since
           it
           we
           have
           heard
           of
           no
           other
           trial
           there
           by
           Peers
           ,
           to
           second
           it
           ,
           but
           onlie
           of
           one
           Noble
           Lord
           (
           the
           Lord
           of
           
             Valentiae
             ,
          
           Vicount
           
             Norris
          
           )
           there
           extrajudiciallie
           condemned
           by
           meet
           
             Martial-law
          
           in
           a
           Council
           of
           War
           ,
           even
           in
           times
           of
           peace
           ,
           by
           the
           Earl
           of
           
             Strafford
             An.
             dom
             .
          
           1635.
           but
           not
           executed
           ,
           nor
           tried
           by
           his
           Peers
           in
           a
           legal
           way
           :
           all
           their
           Peers
           formerlie
           being
           there
           either
           attainted
           
             by
             Act
             of
             Parliament
             ,
          
           as
           is
           evident
           by
           the
           
             Irish
          
           Statutes
           of
           28
           
             H.
             8.
             c.
             1.
             3
             
             &
             4
             Ph.
             &
             Ma.
             c.
             2.
             11
             El.
             c.
             1.
             13
             Eliz.
             c.
             6
             ,
             7.
             27
             Eliz.
             c.
             1.
             28
             Eliz.
             c.
             8
             ,
             9.
             11
             
             Jac.
             c.
             4.
             2
             H.
             6.
             rot
             .
             Parl.
             n.
          
           8.
           or
           executed
           by
           
             Martial-law
             ,
          
           as
           soon
           as
           apprehended
           in
           the
           Wars
           ,
           or
           else
           slain
           in
           actual
           Rebellion
           ,
           or
           pardoned
           upon
           their
           submissions
           ,
           without
           anie
           trial
           for
           their
           Treasons
           by
           their
           Peers
           .
        
         
           For
           Attainders
           of
           
             Irish
          
           Peers
           ,
           and
           other
           Traitors
           and
           Rebels
           by
           Act
           of
           Parliament
           in
           
             Ireland
             ;
          
           I
           find
           the
           Earl
           of
           
             Kildare
          
           with
           others
           
             attainted
             for
             a
             Treason
             and
             Rebellion
          
           (
           much
           like
           this
           for
           which
           the
           Prisoner
           stands
           here
           indicted
           )
           in
           a
           Parliament
           held
           at
           
             Dublin
          
           in
           
             Ireland
             ,
             28
             H.
             8.
             c.
          
           1.
           
           Since
           this
           
             in
             11
             Eliz.
             c.
             1.
             
             Shan
             O
             Neale
             ,
          
           a
           bloodie
           desperate
           Rebel
           ,
           was
           attainted
           by
           Parliament
           after
           his
           death
           (
           being
           hewn
           in
           pieces
           by
           the
           
             Scots
          
           )
           and
           the
           name
           of
           
             Oneyle
          
           extinguished
           ,
           it
           being
           made
           High
           Treason
           for
           anie
           to
           assume
           that
           name
           ;
           And
           I
           find
           a
           
             Mac-Mahon
          
           and
           
             Magwire
          
           forfeiting
           Lands
           among
           other
           Rebels
           in
           that
           Act
           ,
           which
           largelie
           sets
           forth
           the
           Queens
           Title
           to
           
             Ireland
             ,
             27
             Eliz.
             ca.
             1.
             
             James
             Eustace
             ,
             Viscount
             of
             Baltinglas
             ,
          
           was
           attainted
           of
           
             High
             Treason
          
           for
           a
           publique
           Rebellion
           against
           the
           Queen
           .
           28
           
             Eliz.
             cap.
          
           9.
           
           I
           find
           
             John
             Brown
          
           and
           near
           one
           
             hundred
          
           more
           
             Irish-men
          
           by
           name
           attainted
           of
           
             High
             Treason
          
           by
           this
           Act
           for
           an
           
             open
             Rebellion
             .
          
           In
           11
           &
           12
           
             Iac.
             C.
          
           4.
           
           I
           find
           
             Hugh
             Earl
             of
             Tyrone
             ,
             Jury
             Earl
             of
             Tirconell
             ,
             Caconaugh
             Magwire
             ,
             Mac-Mahon
             ,
          
           
           and
           above
           20
           more
           
             chief
             Irish
             Gentlemen
             ,
          
           attainted
           of
           
             High
             Treason
          
           by
           this
           Act
           ,
           for
           their
           open
           
             Rebellions
             .
          
           But
           for
           a
           trial
           of
           any
           
             Irish
             Peer
          
           for
           anie
           Treason
           in
           
             Ireland
          
           by
           his
           Peers
           ,
           I
           can
           meet
           with
           no
           president
           as
           yet
           ,
           but
           that
           of
           the
           Lord
           
             Slane
          
           onlie
           ,
           and
           shall
           be
           glad
           to
           be
           informed
           of
           any
           other
           ,
           to
           parallel
           it
           .
        
         
           Indeed
           in
           the
           printed
           Statute
           of
           2
           
             Eliz.
          
           c.
           1.
           made
           in
           
             Ireland
             ,
             for
             restoring
             to
             the
             Crown
             the
             antient
             Jurisdiction
             over
             the
             State
             Ecclesiastical
             and
             Spiritual
             ,
             and
             abolishing
             all
             forein
             power
             repugnant
             to
             the
             same
             ;
          
           and
           in
           the
           Statute
           of
           2
           
             Elizabethae
          
           in
           
             Ireland
             cap.
          
           6.
           intituled
           ;
           
             An.
             
             Act
          
           whereby
           
             certain
             offences
             are
             made
             High
             Treason
             .
          
           I
           meet
           with
           these
           two
           clauses
           concerning
           the
           trial
           of
           
             Irish
             Peers
          
           for
           Treasons
           onlie
           within
           these
           Acts.
           
           
             And
             if
             it
             shall
             happen
             that
             anie
             Peer
             of
             this
             Realm
             shall
             fortune
             to
             be
             endicted
             of
             and
             for
             anie
             offence
             that
             is
             made
             
               Premunire
            
             or
             Treason
             by
             this
             Act
             ,
             that
             then
             the
             same
             Peer
             or
             Peers
             so
             being
             indicted
             ,
             shall
             be
             put
             to
             answer
             for
             everie
             such
             Indictment
             before
             such
             Peers
             of
             this
             Realm
             of
             
               English
            
             blood
             (
             
               not
               Irish
               mark
               it
            
             )
             as
             by
             the
             Lord
             Deputie
             ,
             Governor
             or
             Governors
             of
             this
             Realm
             shall
             be
             by
             Commission
             appointed
             under
             the
             Broad
             Seal
             ,
             and
             to
             have
             his
             and
             their
             trial
             by
             his
             and
             their
             Peers
             ;
             and
             to
             receive
             and
             have
             such
             like
             judgement
             upon
             the
             same
             trial
             of
             his
             or
             their
             Peers
             ,
             or
             making
             open
             confession
             of
             the
             same
             offence
             or
             offences
             ,
             as
             in
             other
             Cases
             of
             Treason
             and
             
               Premunire
            
             hath
             been
             used
             ,
             or
             is
             used
             in
             other
             Cases
             of
             High
             Treason
             and
             misprision
             of
             Treason
             ;
             Which
             
               later
               clauses
               ,
            
             As
             in
             other
             cases
             of
             
               Premunire
            
             and
             High
             Treason
             hath
             been
             used
             ;
             And
             as
             is
             used
             in
             other
             cases
             of
             High
             Treason
             ,
             or
             misprision
             of
             Treason
             ,
             
               relate
               only
               unto
               thosè
               words
               ;
            
             to
             receive
             and
             have
             like
             judgement
             upon
             trial
             ;
             and
             so
             onlie
             to
             the
             judgement
             and
             sentence
             given
             in
             these
             new
             Treasons
             and
             offences
             enacted
             by
             these
             Acts
             :
             not
             to
             the
             manner
             of
             trial
             by
             Peers
             ,
          
           which
           is
           meerlie
           a
           new
           kind
           of
           trial
           never
           mentioned
           in
           any
           other
           
             Irish
          
           Acts
           before
           these
           ,
           and
           restrained
           onlie
           to
           the
           new
           Treasons
           and
           
             Premunires
          
           
           specified
           in
           these
           Acts
           ,
           in
           imitation
           of
           the
           
             *
          
           
             English
          
           Statutes
           made
           in
           the
           self-same
           Cases
           ;
           which
           provide
           ,
           
             a
             Tryal
             by
             Peers
             for
             our
             English
             Peers
             ;
          
           which
           was
           never
           heard
           of
           in
           any
           Acts
           of
           Parliament
           in
           
             Ireland
          
           till
           these
           ,
           and
           never
           practised
           that
           I
           read
           of
           in
           that
           Realm
           ,
           either
           before
           or
           since
           .
           To
           clear
           this
           up
           more
           fully
           ,
           the
           Statute
           of
           11
           E.
           3.
           c.
           4.
           makes
           mention
           
             of
             Prelates
             ,
             Earls
             ,
             and
             Barons
             in
             Ireland
             ,
          
           as
           well
           as
           in
           
             England
             :
          
           And
           the
           Statute
           of
           4
           H.
           5.
           c.
           6.
           prohibits
           ,
           
             that
             any
             one
             of
             the
             Irish
             Nation
             should
             be
             chosen
             to
             be
             an
             Arch-Bishop
             ,
             Abbot
             ,
             or
             Prior
             within
          
           Ireland
           ,
           
             because
             many
             of
             them
             (
             against
             a
             former
             Act
             there
             made
             )
             had
             been
             made
             Arch-bishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             wherby
             they
             became
             Peers
             of
             the
             Parliament
             in
             the
             same
             Land
             ,
             and
             brought
             with
             them
          
           Irish
           
             Servants
             to
             the
             Parliaments
             and
             Counsels
             there
             holden
             ,
             whereby
             the
             privities
             of
             the
          
           Englishmen
           
             within
             the
             same
             Land
             have
             been
             and
             be
             daily
             discoverd
             within
             it
             to
             the
          
           Irish
           
             people
             Rebels
             to
             the
             King
             ,
             to
             the
             great
             perill
             and
             mischief
             of
             the
             Kings
             lawfull
             liege
             people
             in
             the
             same
             Land
             .
          
           And
           the
           Statute
           of
           10
           H.
           7.
           in
           Ireland
           c.
           16.
           enacts
           ,
           
             That
             the
             Spiritual
             and
             temporal
             Lords
             of
             the
             Land
             of
          
           Ireland
           ,
           
             shall
             appear
             in
             every
             Parliament
             holden
             in
             that
             Land
             
               in
               their
               Parliament
               Robes
               ,
            
             in
             like
             manner
             and
             form
             as
             the
             Lords
             of
             the
             Realm
             of
          
           England
           
             appear
             in
             the
             Parliaments
             holden
             within
             the
             said
             Realm
             ,
          
           under
           pain
           of
           forfeiting
           100
           
             s.
             to
             the
             King
             :
             which
             use
             of
             Robes
             they
             had
             there
             for
             penury
             omitted
             by
             the
             space
             of
             20
             or
             24
             years
             .
          
           But
           there
           is
           no
           mention
           of
           any
           
             Tryal
          
           by
           their
           
             Peers
          
           in
           these
           or
           any
           other
           
             English
          
           or
           
             Irish
             Statutes
             ;
          
           but
           those
           forecited
           of
           2
           Eliz.
           c.
           1.
           
           &
           6.
           
           Yea
           the
           Statute
           of
           25
           
             H.
          
           6.
           in
           
             Ireland
          
           c.
           28
           enacts
           ,
           
             For
             that
             there
             is
             a
             Law
             established
             ,
             that
             
               every
               Lord
            
             that
             is
             called
             
               a
               Lord
               of
               the
               Parliament
            
             in
             all
             pleas
             personal
             as
             well
             as
             real
             ,
          
           in
           which
           amerciaments
           
             do
             lye
             ,
             shall
             be
             amerced
             100
             s.
             to
             the
             great
             impoverishment
             of
             the
             said
             Lords
             ,
             for
             as
             much
             as
             their
             livings
             are
             diminished
             and
             wasted
             by
             war
             ;
             That
             
               no
               Lord
               of
               Parliament
            
             shall
             be
             amerced
             from
             thence
             forward
             in
             the
             said
             pleas
             
               otherwise
               than
               other
               persons
               ,
            
             notwithstanding
             any
             Law
             made
             before
             to
             the
             contrary
             .
          
           The
           amerciaments
           therefore
           
           of
           
             Irish
          
           Lords
           and
           Commons
           being
           alike
           by
           this
           Law
           ,
           it
           is
           very
           probable
           their
           
             tryals
          
           by
           Jurie
           were
           both
           alike
           ,
           and
           that
           they
           were
           not
           tryed
           by
           their
           Peers
           .
        
         
           Now
           the
           Prisoners
           councel
           have
           pleaded
           in
           his
           plea
           ,
           that
           
             Magna
             Charta
          
           gives
           the
           tryal
           by
           Peers
           in
           
             Ireland
             ;
          
           and
           no
           other
           Law
           but
           it
           :
           and
           that
           it
           was
           not
           accepted
           ,
           received
           ,
           confirmed
           ,
           and
           used
           as
           a
           Law
           in
           
             Ireland
          
           till
           the
           Statute
           of
           10
           
             H.
          
           7.
           and
           the
           words
           thereof
           (
           if
           it
           be
           confirmed
           by
           that
           Act
           )
           are
           most
           clear
           in
           it
           ,
           
             That
             all
             Statutes
             
               late
               made
               ,
               &c.
               from
               henceforth
            
             be
             deemed
             ,
             accepted
             ,
             usea
             ,
             and
             executed
             within
             this
             Realm
             of
          
           Ireland
           
             in
             all
             points
             ;
          
           And
           if
           it
           were
           made
           a
           Law
           there
           by
           the
           Statute
           8
           E.
           4.
           c.
           1.
           (
           which
           I
           rather
           believe
           )
           the
           words
           of
           that
           Act
           are
           ,
           
             That
             
               from
               henceforth
            
          
           all
           
             other
             Statutes
             and
             Acts
             made
             by
             authority
             of
             Parliament
             in
          
           England
           ,
           
             be
             ratified
             ,
             confirmed
             ,
             and
             adjudged
             by
             authority
             of
             this
             Parliament
             in
             their
             force
             and
             strength
             ,
             
               from
               the
               sixth
               day
               of
            
          
           March
           .
           So
           as
           
             Magna
             Charta
          
           was
           not
           a
           general
           Law
           in
           force
           ,
           use
           ,
           acceptance
           ,
           or
           execution
           in
           
             Ireland
             ,
          
           at
           least
           amongst
           the
           
             Irish
             ,
          
           till
           8
           E.
           4.
           or
           10
           H.
           7.
           as
           is
           evident
           by
           these
           Acts
           .
           Because
           I
           would
           leave
           nothing
           concealed
           or
           unanswered
           that
           might
           make
           for
           the
           prisoners
           advantage
           ,
           I
           must
           acknowledge
           ,
           that
           King
           
             Henry
          
           the
           3d.
           in
           the
           first
           year
           of
           his
           Reign
           sent
           a
           Roll
           of
           the
           liberties
           which
           his
           Father
           King
           
             Iohn
          
           and
           he
           had
           granted
           to
           this
           Realm
           of
           
             England
          
           unto
           
             Ireland
             ,
          
           out
           of
           his
           special
           grace
           ,
           by
           unanimous
           consent
           of
           all
           his
           Lieges
           ,
           and
           confirmed
           the
           same
           to
           all
           his
           Spiritual
           and
           Temporal
           Lords
           and
           faithfull
           Subjects
           there
           (
           for
           their
           fidelity
           to
           him
           and
           his
           Father
           )
           to
           them
           and
           their
           Heirs
           for
           ever
           ,
           as
           a
           signal
           bedge
           of
           his
           favour
           ,
           by
           this
           patent
           .
           
             *
          
           
             Rex
             ,
             Archiepiscopis
             ,
             Episcopis
             ,
             Abbatibus
             ,
             Comitibus
             ,
             Baronibus
             ,
             Militibus
             ,
             et
             libere
             tenentibus
             et
             
               omnibus
               fidelibus
               suis
               per
               Hiberniam
               constitutis
               ,
            
             Salutem
             .
          
           Fidelitatem
           
             vestram
             in
             Domino
             commendantes
             ,
             quam
             Domino
             patri
             nostro
             semper
             exhibuistis
             ,
             et
             Nobis
             estis
             diebus
             nostris
             exhibiti
             ;
             volumus
             ,
             quod
             in
             signum
             fidelitatis
             vestrae
             tàm
             prae●lare
             ,
             ●am
             insigniter
             
               Libertatibus
               Regno
               nostro
               Angliae
               a
               patre
               nostro
               et
               nobis
               concessis
               ,
            
             
             de
             gratia
             nostra
             et
             dono
             in
             Regno
             nostro
             Hiberniae
             gaudiatis
             vos
             et
             vestri
             imperpetuum
             :
             
               Qu●●
               distincte
               in
               Rotulum
               redactas
               ,
            
             decommune
             consilio
             omnium
             fidelium
             nostrorum
             
               vobis
               mittimus
               ,
               signatas
               sigillo
               Domini
            
          
           Gu●●onis
           
             Apostolicae
             sedis
             Legati
             ,
             et
             fidelifsimi
             nostri
          
           Willielmi
           Marescalli
           
             *
          
           
             Rectoris
             nostri
             et
             Regni
             nostri
             ,
             
               quia
               sigillum
               nondum
               babuimus
               ;
               easdem
               processu
               temporis
            
             majorum
             constlio
             proprio
             sigillo
             firmandas
             .
             
               Teste
               apud
            
          
           Gloverniam
           ,
           3
           
             die
             Februari
             :
          
           he
           being
           
             *
          
           c.
           owned
           but
           on
           the
           28
           of
           
             October
          
           before
           at
           Gloucester
           ,
           where
           this
           Patent
           bears
           date
           .
        
         
           After
           which
           King
           
             Henry
          
           having
           ratified
           the
           
             Great
             Charter
          
           of
           Liberties
           in
           
             England
             ,
          
           in
           the
           9th
           year
           of
           his
           reign
           (
           printed
           in
           all
           our
           Statutes
           Books
           ,
           and
           in
           
             Cooks
          
           2
           Institutes
           )
           in
           the
           12
           year
           he
           commanded
           it
           to
           be
           published
           openly
           in
           
             Ireland
          
           by
           his
           Writ
           ,
           
             *
          
           
             Rex
             dilecto
             et
             fideli
             suo
             R.
             
               Burgo
               .
            
             Iustic.
             suo
             
               Hiberniae
               ,
            
             salutem
             .
             Mandamus
             
               vobis
            
             firmiter
             praecipientes
             ,
             quatenus
             certo
             die
             &
             loco
             faciatis
             venire
             coram
             vobis
             
               Archiepiscopos
               ,
               Episcopos
               ,
               Abbates
               ,
               Priores
               ,
               Comites
               &
               Barones
               ,
               Milites
               ,
               et
               libere
               tenentes
               ,
               &
               Ballivos
               singulorum
               Comitatuum
               ▪
            
             et
             coram
             eis
             publice
             legifaciati
             .
             
               Cartam
               Dom.
               Regis
               Johannis
            
             patris
             nostri
             cui
             sigillum
             suum
             appen●um
             est
             ,
             quani
             fieri
             fecit
             jurari
             a
             Magnatibus
             
               Hiberniae
               ,
            
             de
             legibus
             &
             consuetudinibus
             
               Angliae
            
             observandis
             in
             
               Hibernia
               .
            
             Et
             praecipiatis
             eis
             ex
             parte
             nostra
             ,
             quod
             leges
             illas
             et
             consuetudines
             in
             Carta
             praedicta
             contentas
             de
             caetero
             firmiter
             teneant
             &
             observent
             .
             Hoc
             idem
             per
             singulos
             Comiratus
             
               Hiberniae
            
             clamari
             faciatis
             et
             teneri
             
               Prohibentes
            
             firmiter
             ex
             parte
             nostra
             ,
             et
             super
             forisfacturam
             nostram
             ,
             ne
             quis
             contra
             hoc
             mandatum
             nostrum
             venire
             praesumat
             ,
             eo
             excepto
             quod
             non
             de
             morte
             nec
             de
             catallis
             
               Hibernensium
            
             occasione
             nichil
             stauatur
             ex
             parte
             nostra
             citra
             quindecem
             
               dies
               a
               die
            
             St.
             Michaelis
             
               anno
               r.
               n.
            
             12.
             
          
           
             super
             quo
             respectum
             de
             dedimus
             Magnatibus
             nostris
          
           Hiberniae
           ,
           
             usque
             ad
             terminum
             praedictnm
             :
             Teste
             m●ipso
             apud
          
           Westm.
           8
           
             die
             Maii
             anno
          
           12.
           
        
         
           In
           Cooks
           3
           Instit.
           f.
           141.
           b.
           4
           Instit.
           p.
           3●9
           .
           b.
           
           &
           in
           18
           H.
           3.
           Rot
           ,
           pat
           .
           m.
           17.
           n.
           21.
           
           There
           is
           mantion
           made
           of
           
             Consuetudines
             &
             Leges
             Reg●i
             nostri
          
           Angliae
           ,
           
             quas
             bonae
             memoriae
             Dominus
          
           Johannis
           Rex
           
             pater
             noster
             
               de
               communi
               omnium
               de
               Hibernia
               consensu
               teneri
               statuit
               in
               terra
               illa
               .
            
          
           Teste
           Rege
           apud
           Winch.
           28
           die
           Octob.
           
        
         
           In
           the
           30th
           .
           year
           of
           
             Henry
          
           the
           third
           ,
           all
           Laws
           and
           Customs
           of
           
             England
          
           were
           established
           in
           
             Ireland
          
           by
           this
           
             *
          
           Patent
           .
           
             Quia
             pro
             communi
             utilitate
             terrae
          
           Hiberniae
           ,
           &
           
             pro
             unitats
             terrarum
             Rex
             vul
             ,
             
               et
               de
               Communi
               Consilio
               Regnt
            
             provisum
             
               est
               ,
               quod
               omnes
               Leges
               et
               consuetudines
               quae
               in
               regno
               Angliae
               tenentur
               in
               Hibernia
               teneantur
               ,
               et
               eadem
               terra
               eisdem
               legibus
               subjaceat
               ,
               et
               per
               easdem
               regatur
               ,
            
             sicut
          
           Johan
           ▪
           Rex
           
             cum
             ultimo
             esset
             in
          
           Hibernia
           
             statuit
             et
             strmiter
             mandavit
             :
             
               Ideo
               volumus
               ,
               quod
               omnia
               Brevia
               de
               communi
               sure
               quae
               currunt
               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
          
           B●roniis
           :
           
             Et
             ideo
             vobis
             mandamus
             et
             firmiter
             praecipimus
             ,
             quod
             haec
             it
             a
             fieri
             et
             firmiter
             teneri
          
           
             *
          
           
             per
             ●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
           insinua●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
           si●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
             V●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
             ,
             ●●●c
             non
             
             permittas
             ipsos
          
           Mamorth
           
             &
          
           Rodericum
           
             repelli●●●
             quin
             possint
             ▪
             terras
             vendicare
             in
             quibus
             jus
             habent
             ,
             
               stcut
               quilibet
               Anglicus
               .
            
             Quia
             si
             ipsi
             &
             Antecessores
             sui
             sic
             se
             habu●runt
             cum
          
           Anglicis
           ,
           
             quamvis
          
           Hibernienses
           ,
           
             injustum
             est
             ,
             licet
          
           Hibernienses
           
             sint
             ,
             quod
             exceptione
             qua
             repelluntur
          
           Ibernenses
           
             a
             vendicatione
             terrarum
             &
             aliis
             repellantur
             .
          
           T●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
        
         
           Pat.
           12.
           E.
           1.
           m.
           11.
           
           
             Pro
             diversis
             in
          
           Hibernia
           ,
           
             quod
             uti
             possint
             Legibus
          
           Angliae
           
             in
          
           Hibernia
           .
           
             Rex
             omnibus
             ballivis
             &
             fidelibus
             suis
          
           Hiberniae
           
             ad
             quos
             ,
          
           &c.
           
             salutem
             .
             Vol●ntes
          
           Giraldo
           
             fil
             .
          
           Johannis
           Hibernico
           ,
           
             gratiam
             facere
             specialem
             ,
             concedimus
             pro
             nobis
             &
             Haeredibus
             no●tris
             ,
             quod
             idem
          
           Geraldus
           
             &
             liberi
             sui
             quos
             legitime
             procreaverit
             ,
             hanc
             habeant
             libertatem
             ,
             quod
             ipsi
             de
             caete●o
             in
          
           Hibernia
           
             utantur
             legibus
             Anglicanis
             ,
             
               &
               firmiter
               inhibemus
               ,
               ne
               quis
               ●os
               contra
               hanc
               concessionem
               nostram
               vexet
               in
               aliquo
               ,
               vel
               perturbet
               .
               In
               cujus
            
          
           &c.
           
             T.
             Rege
             apud
          
           Carnarvan
           ,
           30
           
             die
          
           Maij
           ,
           
             Consimiles
             literae
             habet
          
           Margeria
           de
           Lessan
           ,
           Henricus
           de
           Lessan
           ,
           Petrus
           de
           Lessan
           ,
           Andreas
           de
           Lessan
           ,
           Bene
           dictus
           
             fil
             .
          
           Johannis
           ,
           Ardmagh
           ,
           Willielmus
           Heuke
           ,
           Hibernici
           .
           In
           cujus
           ,
           
             &c.
          
           Teste
           ut
           supra
           .
        
         
           Pat.
           18.
           E.
           1.
           m.
           24.
           
           
             Rex
             omnibus
             Ballivis
             &
             fidelibus
             suis
             in
          
           Hibernia
           ,
           
             ad
             quos
             ,
          
           &c.
           
             salutem
             .
             Volentes
          
           Isamaiae
           
             filiae
          
           Oragilig
           ▪
           
             &
          
           Matildae
           
             fil
             .
          
           Oragilig
           ,
           Hibernicis
           ,
           
             graciam
             facere
             specialem
             ,
             
               concedimus
               pro
               nobis
               &
               haereaibus
               nostris
               ,
               quod
               eadem
            
          
           Isamaia
           
             &
          
           Matilda
           
             ad
             totam
             vitam
             suam
             hanc
             habeant
             libertatem
             ,
             videlicit
             ,
             quod
             ipsae
             de
             caetero
             in
          
           Hibernia
           
           
             utantur
             legibus
             Anglicanis
             :
             
               &
               fi●miter
               inhibemus
               ,
               ne
               quis
               eas
               contra
               ●anc
               concessionem
               nostram
               vexet
               in
               aliquo
               vel
               perturbet
               :
               In
               cujus
               ,
            
          
           &c.
           
             T.
             Rege
             apud
          
           Westm.
           12
           
             die
          
           Junii
           ,
           
             per
             ipsum
             Regem
             .
          
        
         
           Pat.
           19.
           E.
           1.
           m.
           20.
           
           
             Rex
             omnibus
             ad
             quos
             ,
          
           &c.
           
             salutem
             .
             Sciatis
             quod
             de
             
               gratia
               nostra
               speciali
               ,
            
             concessimus
          
           Willielmo
           
             filio
          
           Carmok
           .
           
             Clerico
             ▪
             quod
             ipse
             &
             omnes
             posteri
             sui
             imperpetuum
             
               Lege
            
             &
             
               consuetudine
               Anglicana
               utantur
               in
               terra
               nostra
               Hiberniae
               ,
            
             i●a
             quod
             ipsi
             per
             alias
             leges
             &
             consuetudines
             ,
             p●r
             nos
             &
             ministros
             nostros
             quoscunque
             de
             caetero
             non
             deducantur
             contra
             voluntatem
             suam
             ,
             sed
             quod
             ipsi
             ,
             in
             vita
             sua
             &
             morte
             de
             caetero
             
               libertate
               gaudeant
               Anglicana
               ,
            
             In
             cujus
             ,
          
           &c.
           
           
             Teste
             Rege
             apud
          
           Ashermg
           .
           22
           
             die
          
           Jan.
           
        
         
           The
           like
           Patent
           is
           granted
           
             Mauricio
             de
             Bre.
             Hibernico
             ,
          
           Pat.
           24.
           E.
           1.
           m.
           3.
           
           These
           Records
           ,
           with
           
             Claus.
          
           2.
           
             E.
          
           3.
           
             m.
          
           17.
           
           
             Rex
             dilecto
             &
             fideli
             suo
          
           Johanni
           Darcy
           ,
           
             de
          
           Nevien
           ,
           
             Justiciario
             suo
          
           Hiberniae
           ,
           
             salutem
             .
             Exparte
             quorundam
             hominnm
             de
          
           Hibernia
           
             extitit
             supplicatum
             
               Ut
               per
               statutum
               inde
               faciendum
               concedere
               velimus
               ,
               quod
               omnes
               Hibernici
               qui
               voluerint
               legibus
               utantur
               Anglicanis
               ,
               it
               a
               quod
               necesse
               non
               habeant
               super
               has
               chartas
               aliquas
               a
               nobis
               impetrare
               .
            
             Nos
             igitur
             certior
             ari
             volentes
             ,
             si
             sine
             alieno
             prae●●d●cio
             praemissis
             annuer
             ●valeamus
             ,
             vobis
             mandamus
             ▪
             quod
             
               voluntatem
               magnatum
               terrae
               illius
               in
               proximo
               Parliamento
               ibidem
               tenendo
               ;
            
             super
             hoc
             cum
             ailigentia
             pers●rutari
             faciatis
             ,
             &
             de
             eo
             quod
             inveneritis
             ,
             una
             cum
             vestro
             consilio
             &
             ad
             visam●nto
             nos
             distincte
             &
             aperte
             cum
             celeritate
             qua
             potestis
             ,
             certificetis
             ,
             hoc
             breve
             nostrum
             nobis
             remittentes
             :
          
           which
           compared
           with
           
             Claus.
          
           5.
           E.
           3.
           part
           1.
           m.
           25.
           
           
             Pro
             hominibust●rrae
          
           Hiberniae
           
             de
             Lege
          
           ANGLIAE
           UTENDA
           
             in
             custodiis
             recuper
             andis
             ,
          
           &c.
           are
           an
           unanswerable
           evidence
           beyond
           contradiction
           ,
           That
           the
           great
           Charter
           ,
           Liberties
           ,
           Customs
           and
           Laws
           of
           
             England
             ,
          
           granted
           to
           those
           of
           
             Ireland
          
           by
           King
           
             John
             ,
             Henry
          
           the
           third
           ,
           
             Edward
          
           the
           first
           and
           third
           ,
           extended
           only
           to
           the
           English
           Subjects
           inhabiting
           
             Ireland
             ,
          
           and
           to
           such
           Irish
           who
           lived
           in
           English
           Counties
           in
           due
           subjection
           to
           the
           Kings
           of
           
             England
             ,
          
           or
           were
           by
           special
           Charters
           of
           indenization
           enabled
           to
           enjoy
           the
           benefit
           of
           them
           ;
           who
           were
           
           but
           few
           in
           consideration
           of
           the
           rest
           of
           the
           Irish
           Nobility
           ,
           Gentry
           and
           Commons
           ,
           retaining
           their
           ancient
           
             Brehon
             Laws
             ,
          
           and
           would
           not
           submit
           to
           the
           Laws
           of
           
             England
             ,
          
           nor
           Government
           of
           our
           Kings
           ,
           against
           whom
           they
           frequently
           rebelled
           ,
           being
           reputed
           rather
           
             Enemies
          
           than
           
             Rebels
             ,
          
           and
           usually
           so
           stiled
           in
           the
           Statutes
           of
           
             Ireland
             ,
          
           till
           the
           Statute
           of
           33
           
             H.
          
           8.
           
             c.
          
           9.
           as
           appears
           by
           the
           Statutes
           of
           18
           
             H.
          
           6.
           
             c.
          
           3.
           25
           
             H.
          
           6.
           
             c.
          
           4
           ,
           5.
           28
           
             H.
          
           6.
           
             c.
          
           1.
           3
           
             E.
          
           4.
           
             c.
          
           2.
           5
           
             E.
          
           4.
           
             c.
          
           6.
           18
           
             E.
          
           4.
           
             c.
          
           2.
           10
           
             H.
          
           7.
           
             c.
          
           9
           ,
           10
           ,
           17
           ,
           19.
           28
           
             H.
          
           8.
           
             c.
          
           11.
           &
           by
           Sir
           
             John
             Davis
          
           Irish
           Reports
           in
           the
           Case
           of
           
             Tanistry
             ,
          
           fol.
           39.
           the
           common
           Laws
           and
           Statutes
           of
           
             England
          
           being
           not
           universally
           received
           or
           established
           throughout
           the
           whole
           Realm
           of
           
             Ireland
             ,
          
           till
           after
           the
           Statutes
           of
           3
           and
           4
           
             Phil.
          
           and
           
             Mar.
             c.
          
           3.
           11
           
             Eliz.
             c.
          
           9.
           and
           King
           
             James
          
           his
           Proclamation
           in
           the
           third
           yeer
           of
           his
           reign
           :
           or
           at
           leastwise
           till
           the
           Statutes
           of
           8
           
             E.
          
           4.
           
             c.
          
           1.
           or
           10
           
             H.
          
           7.
           
             c.
          
           22.
           which
           established
           all
           the
           Statutes
           made
           in
           
             England
          
           concerning
           or
           belonging
           to
           the
           good
           of
           the
           same
           ,
           only
           as
           to
           the
           Englishry
           ,
           or
           English
           Pale
           and
           Counties
           ,
           not
           to
           the
           Irishery
           ,
           as
           the
           Statutes
           of
           17
           
             H.
          
           7.
           
             c.
          
           8
           ,
           9
           ,
           10
           ,
           11
           ,
           13
           ,
           17
           ,
           19.
           35
           
             H.
          
           6.
           
             c.
          
           3.
           5
           
             Ed.
          
           4.
           
             c.
          
           3
           ,
           4
           ,
           5.
           13
           
             H.
          
           8.
           
             c.
          
           3.
           28
           
             H.
          
           8.
           
             c.
          
           15.
           made
           in
           
             Ireland
             ,
          
           with
           other
           Acts
           resolve
           ,
           which
           the
           Lord
           
             Magwire
          
           confesseth
           in
           his
           Plea
           ,
           and
           his
           Council
           cannot
           deny
           .
           Now
           the
           Lord
           
             Magwire
          
           being
           none
           of
           the
           English
           Pale
           ,
           or
           Irish
           Sept
           ,
           Liege
           Subjects
           to
           our
           Kings
           ,
           but
           of
           the
           Irishry
           ,
           and
           professed
           Enemies
           to
           our
           Kings
           ,
           as
           the
           Irish
           Annals
           and
           Statutes
           inform
           us
           ;
           the
           Statute
           of
           
             Magna
             Charta
             ,
          
           and
           the
           Laws
           ,
           Liberties
           and
           Customs
           of
           
             England
             ,
          
           granted
           to
           the
           English
           and
           loyal
           Irish
           Subjects
           in
           
             Ireland
             ▪
          
           and
           so
           this
           trial
           by
           Peers
           ,
           could
           not
           extend
           to
           his
           ancestors
           till
           after
           the
           Statutes
           of
           8
           
             E.
          
           4.
           or
           10
           
             H.
          
           7.
           &
           of
           35
           
             H.
          
           8.
           
             c.
          
           1.
           yea
           after
           the
           Statutes
           of
           3
           and
           4
           
             Ph.
          
           and
           
             Ma.
             c.
          
           3.
           and
           11
           
             Eliz.
             c.
          
           9.
           for
           reducing
           the
           Irishry
           into
           Counties
           ,
           and
           under
           the
           Laws
           and
           Statutes
           of
           
             England
          
           to
           which
           they
           were
           not
           formerly
           subject
           .
           And
           from
           these
           Patents
           of
           King
           
             John
          
           and
           
             Henry
          
           the
           third
           forecited
           ,
           and
           the
           Statutes
           of
           8
           
             E
          
           4.
           and
           10
           
             H.
          
           7.
           till
           35
           
             H.
          
           8.
           
             chap.
          
           1.
           
           
           No
           one
           president
           of
           any
           one
           Irish
           Peers
           trial
           by
           his
           Peers
           in
           
             Ireland
          
           in
           any
           case
           whatsoever
           ,
           can
           be
           produced
           .
           Therefore
           certainly
           there
           was
           no
           such
           trial
           known
           or
           in
           use
           in
           
             Ireland
             ,
          
           before
           35
           
             H.
          
           8.
           nor
           any
           president
           of
           it
           since
           till
           one
           of
           late
           ;
           and
           
             una
             Hirundo
             non
             facit
             Ver.
             
          
        
         
           If
           then
           the
           Peers
           of
           
             Ireland
          
           before
           the
           making
           of
           this
           Act
           of
           35
           
             H.
          
           8.
           were
           never
           actually
           tried
           by
           their
           Peers
           for
           any
           treason
           done
           in
           
             Ireland
             ,
          
           for
           ought
           can
           be
           proved
           ,
           and
           there
           be
           no
           express
           Act
           for
           any
           trial
           by
           Peers
           there
           ,
           for
           any
           Treason
           ,
           but
           only
           the
           Act
           of
           2
           
             Eliz.
             c.
          
           1.
           and
           6.
           and
           that
           only
           for
           special
           Treasons
           within
           those
           Laws
           ,
           which
           are
           none
           of
           those
           for
           which
           the
           Prisoner
           stands
           here
           indicted
           ;
           I
           may
           safely
           conclude
           ,
           That
           this
           Law
           of
           35
           
             H.
          
           8.
           never
           intended
           to
           preserve
           to
           Irish
           Peers
           a
           trial
           by
           their
           Peers
           in
           
             Ireland
             ,
          
           which
           kinde
           of
           trial
           was
           never
           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
           que●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
             o●
             persons
             ●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
           ●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.
          
           35●
           .
        
         
           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
           ●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.
             ●
             .
             69.
             
             Cooks
             4
             Instit.
             p.
          
           356.
           
           Mr.
           
             St.
             Johns
          
           Argument
           at
           Law
           at
           
             Straffords
          
           Attainder
           ,
           
             p.
             58
             ,
             61.
             
             K●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
          
           Abri●gement
           ,
           title
           
             Ireland
             ,
             11
             E.
             3.
             chap.
          
           2.
           and
           10
           
             E.
             3.
             chap.
             8.
             4
             E.
             4.
             chap.
             1.
             3
             H.
             7.
             chap.
             8.
             14
             H.
             4.
             
             Rastal
          
           Parceners
           2.
           27
           
             E.
          
           3.
           of
           the
           Staple
           ,
           
             chap.
             1.
             18
             14
             Eliz.
             chap.
             5.
             1
             H.
             7.
             ass
             .
             3.
             3
             H.
             7.
             fol.
             10.
             2
             R.
          
           3.
           f.
           12.
           and
           
             Cooks
             7
             Report
             .
             Calvins
          
           Case
           ,
           
             f.
             17
             ,
             22
             ,
             23.
             4
             Instit.
          
           p.
           35.
           it
           being
           so
           resolved
           as
           to
           this
           purpose
           by
           all
           the
           Judges
           of
           
             England
          
           in
           
             Orourks
          
           and
           Sir
           
             John
             Parrets
          
           Cases
           ,
           cited
           in
           
             Calvins
          
           Case
           ,
           and
           adjudged
           in
           
             Mac-mahons
          
           Case
           tried
           at
           this
           Bar
           the
           last
           Term
           ,
           that
           this
           Act
           of
           35
           
             H.
          
           8.
           
           ●
           .
           2.
           bindes
           those
           of
           
             Ireland
          
           for
           Treasons
           there
           committed
           ,
           &
           
           makes
           them
           subject
           to
           a
           trial
           here
           ,
           whether
           Peers
           or
           Commoners
           ,
           as
           I
           have
           already
           proved
           .
        
         
           5ly
           .
           It
           is
           unquestionable
           ,
           That
           every
           Commoner
           of
           
             Ireland
             ,
          
           hath
           as
           large
           ,
           as
           full
           an
           interest
           in
           
             Magna
             Charta
             ,
          
           the
           Laws
           and
           Priviledges
           of
           
             England
          
           and
           
             Ireland
             ,
          
           and
           as
           much
           right
           to
           be
           tried
           in
           
             Ireland
          
           for
           Treason
           there
           committed
           by
           an
           Irish
           Jury
           ,
           as
           any
           Peer
           in
           
             Ireland
          
           hath
           in
           or
           by
           them
           to
           be
           tried
           there
           by
           his
           Peers
           ,
           these
           Laws
           being
           no
           respecters
           of
           persons
           ,
           and
           every
           mans
           birth
           right
           alike
           ,
           of
           Commons
           as
           much
           as
           of
           Peers
           ,
           as
           the
           Laws
           and
           great
           Charter
           of
           
             England
          
           are
           ;
           
             Magna
             Charta
             ,
          
           being
           as
           largly
           made
           and
           as
           amply
           granted
           to
           the
           meanest
           Freeman
           as
           to
           the
           greatest
           Peers
           of
           
             England
          
           and
           
             Ireland
             ,
          
           as
           the
           Prologue
           and
           9
           ,
           14
           ,
           15
           19
           ,
           21
           ,
           22
           ,
           26
           ,
           27
           ,
           29
           ▪
           Chapters
           thereof
           resolve
           .
        
         
           Since
           then
           this
           Act
           of
           35
           
             H.
             8.
             chap.
          
           2.
           doth
           without
           all
           controversie
           (
           as
           hath
           been
           resolved
           in
           the
           forecited
           Case
           )
           deprive
           the
           Commoners
           of
           
             Ireland
          
           of
           a
           Trial
           in
           
             Ireland
          
           by
           Irish
           Commoners
           ,
           and
           subjects
           them
           to
           a
           trial
           by
           an
           English
           Jury
           here
           for
           Treasons
           there
           committed
           ;
           for
           which
           by
           the
           common
           Law
           ,
           the
           Customes
           of
           
             Ireland
          
           and
           
             Magna
             Charta
             ,
          
           before
           the
           Statute
           of
           26
           
             H.
          
           8.
           and
           this
           Act
           of
           35
           
             H.
          
           8.
           they
           could
           be
           no where
           tried
           but
           only
           in
           
             Ireland
             ,
          
           not
           in
           
             England
             ,
          
           as
           is
           collected
           from
           the
           Case
           of
           Sir
           
             Elias
             Ashburnam
             ,
          
           Tr.
           18
           
             E.
             3.
             coram
             Rege
             ,
          
           Rot.
           14.
           cited
           by
           Sir
           
             Edward
             Cook
          
           in
           his
           4
           
             Instit.
          
           p.
           356.
           (
           the
           principal
           case
           that
           can
           be
           objected
           against
           me
           ,
           which
           makes
           nothing
           to
           the
           purpose
           ,
           being
           long
           before
           these
           Statutes
           were
           made
           :
           )
           Therefore
           by
           the
           self
           same
           reason
           it
           shall
           take
           away
           the
           trial
           of
           Irish
           Peers
           in
           
             Ireland
          
           and
           
             England
          
           by
           Irish
           or
           English
           Peers
           ,
           for
           Treasons
           perpetrated
           by
           them
           in
           
             Ireland
             ,
          
           and
           subject
           them
           to
           a
           trial
           by
           an
           ordinary
           English
           Jury
           at
           this
           Bar
           ,
           or
           before
           Commissioners
           in
           any
           County
           of
           
             England
             ,
          
           as
           I
           have
           already
           proved
           ;
           which
           Jury
           here
           are
           in
           truth
           Peers
           to
           all
           Irish
           Peers
           ,
           being
           here
           no
           Peers
           at
           all
           ,
           but
           onely
           Commoners
           .
        
         
           If
           it
           be
           objected
           ,
           That
           this
           Law
           of
           35
           
             H.
             8.
             chap.
          
           2.
           
           
           cannot
           abrogate
           
             Magna
             Charta
             ;
          
           all
           
             Acts
          
           and
           
             Iudgements
             against
          
           Magna
           Charta
           
             being
             declared
             voyd
             :
          
           by
           25
           E.
           1.
           ch.
           1.
           2
           ,
           4.
           28
           E.
           1.
           ch.
           1.
           
           &
           42
           E.
           3.
           ch.
           1.
           
           Therefore
           it
           shall
           not
           take
           away
           the
           tryal
           by
           Peerage
           from
           
             Irish
             Peers
             .
          
        
         
           I
           answer
           1.
           
           That
           you
           may
           by
           like
           reason
           object
           ,
           that
           
           it
           cannot
           take
           away
           a
           Tryal
           in
           
             Ireland
          
           by
           an
           
             Irish
          
           Jury
           from
           
             Irish
          
           Commoners
           ,
           seeing
           it
           cannot
           repeal
           
             Magna
             Charta
          
           and
           the
           Common-law
           ;
           But
           this
           objection
           is
           yielded
           ,
           and
           adjudged
           idle
           in
           case
           of
           an
           
             Irish
          
           Commoner
           ;
           therefore
           it
           is
           ,
           and
           must
           be
           so
           in
           case
           of
           an
           
             Irish
          
           Peer
           .
        
         
           2ly
           .
           The
           objected
           Statutes
           do
           make
           void
           and
           null
           all
           Acts
           and
           Statutes
           made
           against
           
             Magna
             Charta
          
           before
           the
           Parliaments
           wherein
           they
           were
           made
           ;
           but
           they
           extend
           not
           at
           all
           to
           future
           real
           Parliaments
           and
           their
           Acts
           ,
           subsequent
           Parliaments
           having
           alwaies
           had
           power
           to
           control
           ,
           alter
           ,
           abrogate
           precedent
           Acts
           ;
           yea
           the
           very
           Common-law
           and
           
             Great
             Charter
          
           it self
           ,
           when
           inconvenient
           or
           defective
           ,
           as
           all
           our
           Books
           accord
           :
           Therefore
           Sir
           
             Edward
             Cook
          
           in
           his
           4
           
             Institutes
             p.
          
           42.
           resolves
           and
           proves
           at
           large
           ,
           by
           11
           R.
           2.
           c.
           3.
           5
           ro●
           .
           Parl.
           n.
           22.
           48
           ,
           49.
           1
           H.
           4.
           c.
           3.
           2
           H.
           4.
           c.
           22.
           21
           R.
           2.
           c.
           ●6
           .
           1
           H.
           4.
           n.
           48.
           70.
           144.
           21
           R.
           2.
           n.
           20
           ,
           21.
           36
           ,
           37
           ,
           85
           ,
           86
           ,
           89
           ,
           90.
           that
           Acts
           (
           yea
           and
           Oaths
           )
           
             against
             the
             lawfull
             power
             of
             subsequent
             Parliaments
             ,
             that
             they
             shall
             not
             repeal
             such
             and
             such
             Laws
             (
             though
             mischievous
             or
             unjust
             )
             bind
             not
             at
             all
             ,
             and
             are
             merely
             idle
             ;
          
           For
           
             ●odem
             modo
             quo
             quid
             constituitur
             ,
             dissolvitur
             ;
          
           those
           who
           have
           power
           to
           make
           any
           Laws
           ,
           having
           as
           great
           ,
           as
           full
           a
           power
           to
           controll
           ,
           alter
           ,
           or
           repeal
           them
           when
           they
           see
           cause
           and
           necessity
           for
           it
           as
           you
           may
           read
           in
           
             Rastals
          
           and
           
             Poultons
             Abridgements
          
           of
           
             Statutes
             ,
          
           and
           the
           Statutes
           at
           large
           ,
           repealing
           former
           Acts
           :
           and
           how
           often
           
             Magna
             Charta
          
           hath
           been
           altered
           ,
           supplied
           ,
           or
           
             *
          
           repealed
           in
           some
           particulars
           ,
           in
           and
           by
           our
           Parliaments
           since
           its
           making
           ,
           by
           subsequent
           Acts
           both
           by
           prescribing
           creating
           new
           
             imprisonments
             ,
             forfeitures
             ,
             corporal
             punishments
             ,
             fines
             ,
             executions
             treasons
             ,
             capital
             offences
             &
             customs
             ,
             imposts
             ,
          
           not
           then
           known
           ,
           or
           different
           waies
           or
           places
           of
           
             tryal
          
           not
           then
           in
           use
           ,
           in
           Cases
           
           of
           forein
           Treasons
           and
           the
           like
           ,
           by
           a
           Jury
           in
           
             England
          
           not
           then
           usual
           ,
           but
           since
           confirmed
           by
           the
           Statutes
           of
           26
           H.
           8.
           c.
           13.
           28
           H.
           8.
           c.
           25.
           33
           H.
           8.
           c.
           27.
           35
           H.
           8.
           c.
           2.
           5
           
           &
           6
           E.
           6.
           c.
           11.
           contrary
           to
           ,
           or
           
             *
          
           different
           from
           
             Magna
             Charta
             ,
          
           and
           the
           Common
           law
           ,
           2
           E.
           6.
           c.
           24.
           is
           so
           well
           known
           to
           all
           Lawyers
           that
           I
           will
           not
           spend
           breath
           to
           prove
           it
           .
        
         
           3ly
           .
           I
           answer
           ,
           that
           this
           Act
           of
           35
           
             H.
          
           8.
           doth
           both
           alter
           and
           in
           some
           sort
           repeal
           
             Magna
             Charta
             ,
          
           and
           the
           Common-law
           ,
           as
           to
           the
           point
           and
           place
           of
           trying
           
             forein
             Treasons
          
           in
           
             England
          
           it self
           ,
           as
           to
           English
           ,
           Peers
           and
           Commoners
           ,
           to
           whom
           alone
           the
           great
           Charter
           was
           first
           granted
           ,
           they
           being
           not
           tryable
           in
           
             England
          
           by
           
             Iury
          
           or
           
             Peers
             ,
          
           for
           any
           forein
           treasons
           by
           the
           Common-law
           ,
           or
           great
           Charter
           .
           Therefore
           a
           
             Fortiori
          
           it
           must
           both
           alter
           and
           repeal
           the
           Common-law
           and
           great
           Charter
           as
           to
           
             Irish
          
           Subjects
           ,
           for
           whom
           the
           great
           
             Charter
          
           was
           never
           originally
           made
           ,
           not
           yet
           directly
           confirmed
           to
           them
           by
           10
           
             H.
          
           7.
           but
           only
           implicitly
           and
           doubtfully
           at
           most
           ,
           as
           I
           have
           proved
           .
        
         
           4ly
           .
           I
           answer
           ,
           that
           this
           Act
           of
           35
           H.
           8.
           doth
           no
           waies
           abrogate
           or
           alter
           
             Magna
             Charta
          
           in
           truth
           or
           reality
           ,
           but
           rather
           ratifie
           &
           confirm
           it
           ,
           in
           the
           form
           and
           manner
           of
           this
           Tryal
           ,
           though
           not
           in
           the
           place
           .
           For
           
             Magwire
          
           being
           only
           a
           Peer
           in
           
             Ireland
             ,
          
           but
           not
           in
           
             England
             ;
          
           Every
           Free-man
           of
           
             England
          
           that
           shall
           be
           impanneled
           to
           try
           him
           ,
           is
           in
           truth
           &
           law
           his
           Peer
           here
           :
           And
           this
           Act
           ,
           enacting
           that
           he
           shall
           be
           tryed
           ,
           not
           by
           Marshal-law
           ,
           or
           the
           Judges
           themselves
           ,
           
             but
             by
             good
             and
             lawfull
             men
             of
             the
             Shyre
             ,
             where
             the
             Kings
             Bench
             shall
             sit
             ,
          
           who
           are
           his
           equals
           and
           Peers
           in
           
             England
             ,
          
           and
           saving
           the
           
             Tryal
             by
             Peers
          
           to
           every
           
             Peer
             of
             this
             Realm
          
           after
           his
           indictment
           found
           by
           Jury
           :
           This
           way
           and
           form
           of
           tryal
           by
           Jury
           in
           
             England
          
           being
           then
           and
           now
           the
           Law
           of
           the
           Land
           ,
           is
           no
           contradiction
           or
           repeal
           at
           all
           ,
           but
           a
           direct
           pursute
           and
           confirmation
           thereof
           ,
           according
           to
           its
           letter
           &
           meaning
           .
           And
           so
           much
           in
           answer
           to
           this
           grand
           objection
           ,
           wherein
           I
           have
           been
           over
           tedious
           ,
           but
           shall
           recompence
           it
           with
           brevity
           in
           the
           remainder
           .
        
         
           The
           second
           Objection
           (
           a
           meer
           branch
           of
           the
           former
           )
           
           is
           this
           .
        
         
         
           That
           if
           
             Irish
             Peers
          
           should
           be
           tryable
           by
           an
           ordinary
           Jury
           
           within
           this
           Law
           for
           Treasons
           done
           in
           
             Ireland
             ,
          
           this
           might
           prejudice
           the
           whole
           Nobility
           of
           
             Ireland
             ,
          
           who
           by
           colour
           of
           this
           Act
           ,
           might
           be
           sent
           for
           out
           of
           
             Ireland
          
           and
           tryed
           here
           for
           Treasons
           ,
           Misprisions
           ,
           and
           concealments
           of
           Treasons
           there
           committed
           ,
           and
           so
           quite
           deprived
           of
           their
           birth-right
           of
           tryal
           by
           their
           
             Peers
             ,
          
           which
           would
           be
           of
           dangerous
           consequence
           .
        
         
           I
           answer
           1.
           
           That
           I
           have
           manifested
           ,
           that
           this
           tryal
           
           by
           
             Peers
          
           was
           never
           deemed
           ,
           claimed
           ,
           nor
           enjoyed
           in
           
             Ireland
             ,
          
           as
           a
           privilege
           by
           
             Irish
             Peers
             ,
          
           nor
           ever
           used
           or
           practised
           in
           that
           land
           before
           this
           Act
           ,
           &
           but
           once
           claimed
           since
           ,
           and
           that
           in
           
             Ireland
             .
          
           Therefore
           it
           cannot
           be
           intended
           that
           this
           Statute
           or
           the
           makers
           of
           it
           ever
           imagined
           to
           save
           this
           manner
           of
           Tryal
           by
           
             Peers
          
           only
           to
           
             Irish
             Peers
             ,
          
           which
           they
           never
           enjoyed
           ,
           nor
           so
           much
           as
           once
           claimed
           or
           possessed
           before
           the
           making
           of
           it
           .
           Neither
           can
           it
           be
           any
           injury
           or
           injustice
           to
           deprive
           them
           of
           that
           now
           they
           never
           heretofore
           claimed
           ,
           used
           ,
           enjoyed
           ,
           as
           their
           privilege
           ,
           and
           birth-right
           ,
           being
           not
           indubitably
           setled
           on
           them
           by
           any
           Law
           that
           I
           have
           seen
           ;
           but
           only
           in
           some
           special
           Cases
           of
           Treason
           since
           35
           
             H.
          
           8.
           wherof
           this
           is
           none
           by
           the
           late
           Acts
           of
           2
           
             El.
             z.
             c.
          
           1.
           
           &
           6.
           when
           as
           this
           privilege
           is
           taken
           from
           them
           ,
           not
           by
           a
           bare
           strained
           exposition
           ,
           or
           implication
           ,
           but
           by
           this
           express
           Act
           of
           Parliament
           made
           long
           since
           for
           the
           Common
           good
           and
           safety
           of
           
             England
          
           and
           
             Ireland
             ,
          
           not
           yet
           repealed
           .
        
         
           2ly
           .
           This
           Objection
           with
           as
           great
           or
           greater
           strength
           colour
           ,
           might
           be
           made
           for
           all
           the
           Commons
           of
           
             Ireland
          
           (
           far
           more
           numerous
           and
           considerable
           than
           their
           
             Peers
          
           )
           they
           being
           deprived
           by
           it
           of
           tryals
           by
           
             Irish
          
           Juries
           in
           their
           native
           Country
           ,
           than
           for
           
             Irish
             Peers
          
           alone
           ;
           which
           Tryal
           here
           against
           
             Irish
          
           Commons
           was
           never
           of
           late
           excepted
           against
           ,
           this
           Law
           having
           been
           so
           often
           adjudged
           to
           reach
           to
           them
           ;
           Therefore
           there
           is
           no
           colour
           ,
           to
           exempt
           
             Irish
             Peers
          
           out
           of
           it
           .
        
         
           3ly
           .
           This
           pretended
           prejudice
           to
           
             Irish
             Peers
          
           in
           point
           of
           Tryal
           by
           their
           
             Peers
             ,
          
           is
           soly
           in
           cases
           of
           
             High
             Treasons
             ,
          
           
           or
           
             Misprision
          
           and
           
             concealments
             of
             it
             ,
          
           and
           no
           other
           ,
           the
           Statute
           extending
           to
           no
           crimes
           ,
           but
           these
           alone
           .
           Therefore
           the
           mischief
           is
           not
           great
           in
           general
           ;
           and
           no
           
             Irish
             Peers
          
           (
           I
           presume
           )
           but
           such
           who
           have
           trayterous
           or
           disloyal
           hearts
           ,
           will
           deem
           it
           a
           disparagement
           or
           injustice
           to
           them
           ,
           to
           be
           secluded
           of
           a
           Tryal
           by
           their
           Peers
           only
           in
           these
           Cases
           of
           High
           Treason
           :
           And
           if
           others
           who
           are
           professed
           Rebels
           and
           Traytors
           murmur
           at
           it
           (
           as
           none
           else
           will
           )
           we
           need
           not
           much
           regard
           it
           ,
           nor
           prefer
           their
           pretended
           privilege
           ,
           before
           our
           own
           Kings
           ,
           Kingdomes
           ,
           Religions
           ,
           yea
           
             Irelands
          
           safety
           and
           wellfare
           ,
           in
           bringing
           them
           to
           a
           speedy
           tryal
           and
           condign
           punishments
           for
           their
           Treasons
           here
           in
           
             England
          
           by
           vertue
           of
           this
           Law
           .
        
         
           3ly
           .
           Even
           by
           the
           very
           Common
           law
           before
           this
           Act
           ,
           Treasons
           committed
           in
           
             Ireland
          
           by
           Peers
           or
           Commons
           ,
           were
           tryable
           before
           the
           Marshall
           of
           
             England
             ,
          
           in
           
             England
          
           it self
           ,
           as
           is
           evident
           by
           the
           Parliament
           Roll
           of
           2
           H.
           6.
           
           ●
           .
           9.
           
           
             *
          
           Where
           
             Iohn
             Lord
             Talbot
             ,
          
           being
           the
           Kings
           Lieutenant
           in
           
             Ireland
             ,
          
           accused
           
             James
             Bottiler
          
           Earl
           of
           
             Ormond
             ,
          
           of
           certain
           Treasons
           (
           there
           particularly
           recited
           )
           by
           him
           committed
           in
           
             Ireland
             ,
          
           before
           
             John
          
           Duke
           of
           
             Bedford
          
           Constable
           of
           
             England
             ,
          
           in
           his
           Marshals
           Court
           ;
           Which
           accusations
           the
           King
           ,
           by
           the
           advice
           of
           his
           Parliament
           ,
           did
           discharge
           and
           abolish
           ,
           to
           appease
           the
           differences
           between
           them
           :
           Upon
           which
           else
           he
           might
           have
           been
           proceeded
           against
           ,
           though
           an
           Irish
           Peer
           ,
           without
           any
           tryal
           by
           his
           Peers
           (
           See
           
             Cooks
          
           4
           Instit
           ,
           p.
           123
           ,
           124.
           )
           Therefore
           
             a
             fortiori
          
           this
           special
           Act
           of
           Parliament
           may
           subject
           
             Irish
             Peers
          
           to
           a
           tryal
           by
           a
           substantial
           
             English
          
           Jury
           in
           
             England
          
           for
           Treasons
           done
           in
           
             Ireland
             ,
          
           since
           tryable
           for
           them
           here
           before
           its
           making
           even
           in
           the
           Marshals
           Court
           .
        
         
           5ly
           .
           This
           Statute
           doth
           not
           simply
           take
           away
           the
           tryal
           of
           all
           Treasons
           committed
           in
           
             Ireland
             ,
          
           from
           thence
           ;
           only
           it
           makes
           them
           all
           tryable
           here
           ,
           when
           the
           King
           ▪
           State
           and
           Parliament
           shall
           see
           just
           cause
           or
           occasion
           for
           tryal
           of
           them
           here
           ,
           as
           now
           they
           do
           in
           these
           times
           of
           general
           rebellion
           there
           ,
           when
           the
           Rebels
           are
           so
           predominant
           ,
           and
           the
           times
           such
           ,
           that
           no
           safe
           ,
           fair
           ,
           or
           indifferent
           tryal
           of
           this
           Traytor
           can
           be
           there
           had
           or
           expected
           .
           And
           seeing
           
           the
           Law
           and
           common
           reason
           will
           inform
           every
           man
           ,
           that
           the
           King
           and
           State
           will
           never
           be
           at
           the
           cost
           and
           trouble
           to
           send
           for
           Traytors
           and
           Witnesses
           out
           of
           
             Ireland
          
           to
           try
           them
           here
           ,
           but
           upon
           a
           most
           just
           occasion
           and
           urgent
           necessity
           ,
           to
           prevent
           either
           a
           faiter
           or
           delay
           of
           Justice
           in
           case
           of
           horrid
           Treasons
           and
           Rebellions
           ;
           And
           no
           Irish
           Peer
           who
           hath
           any
           loyalty
           in
           his
           heart
           ,
           or
           reason
           in
           his
           head
           ,
           will
           deem
           it
           a
           dishonor
           ,
           or
           prejudice
           to
           the
           whole
           Irish
           Peerage
           in
           general
           ,
           or
           the
           trayterous
           Peers
           sent
           hither
           to
           be
           tryed
           in
           particular
           ,
           to
           be
           outed
           of
           a
           tryal
           by
           Irish
           Peers
           in
           such
           Cases
           of
           necessity
           ,
           and
           expediency
           only
           ;
           it
           being
           better
           and
           safer
           for
           this
           Realm
           and
           
             Ireland
          
           too
           ,
           that
           these
           
             native
             Irish
             Peers
             ,
             who
             have
             been
             proved
             to
             break
             out
             into
             actual
             Rebellion
             in
             all
          
           ages
           (
           as
           this
           Prisoners
           Ancestors
           have
           done
           as
           much
           or
           more
           than
           any
           ,
           his
           
             *
          
           
             Grandfather
          
           being
           the
           first
           man
           that
           broke
           forth
           in
           
             Tyrones
             Rebellion
          
           )
           should
           be
           subject
           to
           tryals
           for
           the
           same
           by
           ordinary
           English
           Juries
           here
           ,
           and
           outed
           of
           their
           Peerage
           ,
           then
           that
           such
           Arch-Traytors
           and
           Rebels
           as
           the
           Prisoner
           and
           his
           Confederates
           are
           ,
           (
           guilty
           of
           the
           effusion
           of
           many
           thousands
           of
           Protestants
           and
           
             English
          
           mens
           bloods
           )
           should
           escape
           uncondemned
           ,
           or
           be
           executed
           by
           Martial
           law
           .
           And
           our
           Law
           in
           this
           Case
           ,
           which
           concerns
           the
           safety
           of
           2
           Kingdoms
           at
           once
           ,
           
             will
             rather
             suffer
             a
             particular
             mischief
             ,
          
           especially
           to
           rebellious
           Peers
           ,
           
             than
             a
             general
             inconvenience
             to
             both
          
           Realms
           ,
           and
           all
           loyal
           Subjects
           in
           both
           .
        
         
           6ly
           .
           Though
           the
           tryal
           of
           all
           English
           and
           Irish
           Peers
           by
           a
           legal
           indictment
           ,
           presentment
           ,
           and
           Jury
           of
           their
           Peers
           alone
           ,
           and
           not
           by
           Martial-law
           or
           Commissioners
           themselves
           alone
           ,
           be
           an
           essential
           fundamental
           Right
           and
           Privilege
           for
           the
           securitie
           of
           their
           lives
           and
           estates
           ,
           which
           our
           Parliaments
           in
           all
           ages
           have
           been
           very
           curious
           to
           preserve
           ,
           and
           not
           to
           alter
           ;
           yet
           the
           Tryal
           of
           Peers
           by
           Peers
           alone
           (
           not
           by
           a
           Jury
           of
           other
           Freemen
           )
           for
           the
           most
           part
           (
           if
           rightly
           considered
           )
           is
           rather
           a
           meer
           punctilio
           of
           honor
           ,
           than
           matter
           of
           real
           privilege
           or
           benefit
           to
           Peers
           ;
           and
           by
           intendment
           of
           Law
           and
           common
           experienc
           ,
           a
           fair
           and
           legal
           tryal
           by
           the
           oaths
           of
           12
           honest
           ,
           substantial
           ,
           indifferent
           English
           Gentlemen
           or
           Freeholders
           ,
           
           to
           whom
           the
           Prisoner
           may
           take
           all
           
             *
          
           sorts
           of
           lawfull
           challenges
           by
           Law
           ,
           which
           shall
           be
           allowed
           ,
           if
           there
           be
           any
           just
           cause
           of
           suspition
           of
           partiality
           ,
           injustice
           ,
           consanguinity
           ,
           &c.
           besides
           his
           peremptory
           challenge
           of
           35
           
             Jurors
          
           without
           cause
           (
           which
           challenges
           
             *
          
           
             Cook
          
           affirms
           ,
           shall
           not
           be
           admitted
           or
           granted
           in
           case
           of
           tryal
           by
           Peers
           )
           it
           being
           the
           usual
           antient
           
             a
          
           tryal
           in
           all
           Cases
           between
           the
           King
           and
           ordinary
           Subjects
           ,
           between
           man
           and
           man
           ,
           Peers
           and
           Commoners
           ,
           both
           in
           all
           civil
           and
           criminal
           causes
           whatsoever
           ,
           it
           is
           and
           will
           be
           every
           way
           as
           just
           ,
           as
           beneficial
           to
           a
           Peer
           in
           point
           of
           Law
           as
           a
           Tryal
           by
           twelve
           Peers
           ,
           
             upon
             their
             Honours
             only
             ,
          
           
             b
          
           
             without
             oath
             .
          
           And
           the
           exchange
           only
           of
           the
           form
           of
           Tryal
           ,
           by
           twelve
           indifferent
           
             English
          
           Gentlemen
           of
           quallity
           ,
           upon
           their
           oaths
           ,
           for
           twelve
           Irish
           Peers
           of
           English
           blood
           ,
           nominated
           and
           appointed
           only
           by
           the
           King
           ,
           or
           his
           
             c
          
           Lord
           Deputy
           of
           
             Ireland
             ,
          
           upon
           their
           Honours
           without
           oath
           ,
           in
           this
           case
           of
           necessity
           ,
           can
           be
           no
           injustice
           ,
           injury
           ,
           or
           prejudice
           to
           the
           Irish
           Peers
           in
           general
           ,
           nor
           yet
           to
           the
           Prisoner
           in
           particular
           :
           The
           rather
           ,
           if
           we
           consider
           ,
        
         
           First
           ,
           That
           every
           Indictment
           by
           which
           an
           English
           or
           Irish
           Peer
           is
           or
           can
           be
           tryed
           ,
           must
           first
           be
           proved
           before
           a
           grand
           Jury
           of
           Commons
           (
           as
           this
           very
           Statute
           prescribes
           )
           and
           found
           by
           them
           upon
           
             Oath
             ,
          
           not
           by
           a
           Jurie
           of
           Peers
           :
           which
           is
           a
           kind
           of
           preparatory
           trial
           of
           a
           Peer
           by
           Jury
           ,
           without
           which
           there
           can
           be
           no
           proper
           tryal
           by
           Peers
           ,
           as
           is
           resolved
           
             Cooks
          
           3
           Institutes
           ,
           p.
           28
           ,
           30
           ,
           31
           ,
           32.
           
           &
           1
           H
           4.
           1.
           
        
         
           2ly
           .
           That
           in
           Cases
           of
           
             Appeal
          
           brought
           by
           a
           common
           person
           ●or
           murder
           ,
           rape
           ,
           robberie
           ,
           or
           the
           like
           ,
           and
           likewise
           in
           case
           of
           a
           
             Premunire
          
           against
           an
           English
           Peer
           ,
           where
           his
           life
           is
           not
           brought
           into
           question
           ;
           he
           shall
           not
           be
           tried
           by
           his
           Peers
           ,
           but
           by
           an
           ordinary
           Jury
           as
           other
           men
           ;
           Trial
           of
           Peers
           by
           Peers
           being
           onlie
           in
           cases
           of
           Indictments
           for
           Treasons
           or
           Felonies
           at
           the
           Kings
           sute
           ,
           and
           no
           other
           ,
           as
           is
           clear
           by
           the
           Statute
           of
           
             Magna
             Charta
             ,
             c.
             29.
             
             Neither
             will
          
           we
           
             pass
             upon
             him
             ,
             or
             condemn
             him
             ,
             without
             the
             lawfull
             judgement
             of
             his
             Peers
             ,
             &c.
          
           the
           words
           onlie
           
           of
           the
           King
           not
           of
           the
           Commons
           ;
           In
           this
           our
           Books
           are
           express
           in
           point
           ,
           all
           cited
           in
           Sir
           
             Edw.
             
             Cooks
          
           2
           Institutes
           on
           this
           verie
           Chapter
           of
           
             Magna
             Charta
             cap.
          
           29.
           in
           his
           pleas
           of
           the
           Crown
           ,
           or
           3
           Instit.
           c.
           2.
           p.
           30
           ,
           31.
           
           &
           20
           Ed.
           4.
           6.
           
             b.
          
           Now
           this
           case
           in
           question
           concerning
           not
           onlie
           the
           King
           ,
           but
           the
           whole
           Kingdome
           of
           
             England
          
           and
           
             Ireland
             ,
          
           and
           those
           manie
           thousands
           of
           Common
           persons
           whose
           innocent
           blood
           hath
           been
           ,
           shed
           in
           
             Ireland
          
           by
           him
           and
           his
           Confederate
           Rebels
           crying
           out
           for
           vengeance
           and
           Justice
           against
           him
           without
           delay
           ;
           he
           may
           thereupon
           be
           justly
           tried
           by
           an
           ordinary
           Jurie
           of
           Commons
           ,
           as
           well
           as
           in
           Case
           of
           an
           Appeal
           of
           murder
           brought
           by
           a
           common
           person
           .
        
         
           3ly
           .
           Peers
           of
           Parliament
           ,
           even
           of
           this
           Realm
           ,
           not
           by
           inherent
           Nobility
           and
           Birth
           right
           ,
           but
           only
           in
           right
           of
           their
           Baronies
           ,
           which
           they
           hold
           in
           
             auter
             Droit
             ,
          
           as
           
             Arch-Bishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
          
           and
           the
           like
           ,
           shall
           not
           be
           tried
           by
           their
           Peers
           for
           treasons
           or
           felonies
           at
           the
           Kings
           sute
           ,
           but
           onlie
           by
           an
           ordinary
           Jurie
           ,
           as
           
             Archbishop
             Scroope
             of
             York
             ,
             Cramner
             Arch-bishop
             of
             Canterbury
             ,
          
           
             *
          
           
             Adam
             de
             Orlton
             or
             Tarlton
             Bishop
             of
             Hereford
             ,
             Mark
             Bishop
             of
             Carlile
             ,
             Fisher
             Bishop
             of
             Rochester
             ,
          
           and
           others
           were
           tried
           3
           
             Ed.
             3.
             f.
             6.
             
             Kelwaies
          
           Reports
           ,
           
             f.
             184.
             
             Stamfords
             Pleas
             of
             the
             Crown
             ,
             f.
             135.
             
             Cromptons
             Jurisdiction
             of
             Courts
             ,
             f.
             12.
             19.
             
             Hall●
             Chron
             ,
             6
             H.
             4.
             f.
             25.
             
             Coo.
             3
             Instit.
             f.
          
           36.
           
           Now
           if
           these
           verie
           English
           Peers
           to
           whom
           
             Magna
             Charta
          
           was
           immediatelie
           granted
           by
           name
           of
           
             Arch-Bishops
             ,
             Bishops
             ,
             Abbots
             ,
          
           (
           being
           the
           first
           persons
           mentioned
           in
           the
           Prologue
           and
           ch.
           1.
           &
           29
           of
           this
           Charter
           ,
           )
           shall
           be
           outed
           of
           their
           peerage
           ,
           in
           these
           Cases
           of
           Indictment
           at
           the
           Kings
           sute
           ,
           though
           within
           the
           very
           letter
           of
           
             Magna
             Charta
             ,
          
           because
           they
           are
           no
           Peers
           of
           
             England
          
           by
           blood
           or
           birth-right
           ,
           but
           in
           right
           of
           their
           Churches
           ,
           then
           a
           
             fortiori
          
           Irish
           Peers
           shall
           be
           deprived
           of
           their
           Peerage
           by
           this
           special
           Act
           ,
           who
           are
           not
           within
           the
           letter
           or
           intent
           of
           
             Magna
             Charta
             ,
          
           never
           made
           for
           them
           ,
           but
           for
           English
           
           Noble
           blood
           .
           And
           if
           it
           be
           neither
           injustice
           ,
           nor
           injurie
           ,
           nor
           inconvenience
           ,
           to
           deprive
           these
           Ecclesiastical
           English
           Peers
           of
           a
           trial
           by
           Peers
           in
           cases
           of
           Treason
           or
           felony
           at
           the
           Kings
           sute
           though
           within
           the
           letter
           of
           
             Magna
             Charta
             ,
          
           and
           to
           try
           them
           by
           an
           indifferent
           Jurie
           of
           Freeholders
           ;
           It
           cannot
           be
           reputed
           any
           injustice
           ,
           injury
           ,
           rejudice
           ,
           or
           inconvenience
           at
           all
           now
           to
           out
           this
           Irish
           Peer
           of
           his
           Peerage
           here
           ,
           where
           he
           is
           no
           native
           Peer
           ,
           for
           such
           an
           horrid
           Treason
           as
           this
           .
        
         
           4ly
           .
           Irish
           Peers
           are
           no
           Peers
           at
           all
           in
           
             England
             ,
          
           upon
           which
           account
           and
           reason
           if
           they
           commit
           Treason
           herein
           they
           shall
           be
           tried
           by
           an
           ordinarie
           Jury
           ;
           Therefore
           to
           try
           them
           onlie
           by
           Freeholders
           ,
           no●
           by
           Peers
           in
           
             England
             ,
          
           can
           be
           no
           injurie
           nor
           dishonour
           to
           their
           Peerage
           ,
           unless
           it
           were
           in
           
             Ireland
          
           where
           they
           are
           Peers
           ;
           and
           yet
           have
           been
           seldome
           or
           never
           hitherto
           tried
           there
           by
           their
           Peers
           ,
           as
           I
           have
           proved
           .
        
         
           5ly
           .
           The
           verie
           Statutes
           of
           
             Ireland
          
           it self
           made
           by
           the
           Peers
           and
           Commons
           thereof
           to
           prevent
           manie
           mischiefs
           by
           Theeves
           ,
           Murderers
           ,
           and
           Rebells
           in
           that
           Realm
           ,
           do
           deprive
           both
           the
           Lords
           &
           Commons
           there
           of
           any
           legal
           trial
           at
           all
           both
           for
           their
           lives
           and
           estates
           too
           ,
           witness
           the
           Statutes
           of
           28
           H.
           6.
           c.
           1.
           3
           
           &
           5
           E.
           4.
           c.
           2.
           &
           expose
           them
           to
           the
           judgement
           ,
           slaughter
           ,
           plunder
           of
           particular
           men
           in
           some
           cases
           ,
           authorizing
           
             all
             manner
             of
             men
             that
             find
             any
             theeves
             robbing
             ,
             breaking
             up
             houses
             ,
             by
             day
             or
             night
             ,
             or
             going
             or
             comming
             to
             rob
             or
             steal
             ,
             having
             no
             faithfull
             man
             of
             good
             name
             and
             fame
             in
             their
             company
             ,
             in
             English
             apparel
             ,
             to
             take
             and
             kill
             those
          
           
             *
          
           
             Theeves
             ,
             and
             cut
             off
             their
             heads
             ,
             (
             without
             endictment
             or
             Jury
             )
             and
             seise
             their
             Goods
             ,
             without
             any
             impeachment
             of
             the
             King
             ,
             his
             Heirs
             ,
             Officers
             ,
             or
             any
             other
             ,
             for
             which
             they
             are
             to
             receive
             a
             sum
             of
             mony
             from
             every
             Plow-land
             ,
             and
             person
             of
             estate
             within
             the
             Barony
             where
             they
             shall
             slay
             and
             behead
             such
             Theeves
             .
          
           And
           25
           H.
           6.
           c.
           4
           &
           5.
           
           
             If
             any
             English
             men
             shall
             have
             any
             hair
             or
             beard
             upon
             his
             upper
             lip
             like
             the
             Irish
             ,
             it
             shall
             be
             lawfull
             for
             every
             man
             to
             take
             their
             Goods
             ,
             as
             Irish
             Enemies
             ,
             and
             to
             ransome
             them
             as
             Enemies
             ;
             And
             if
             any
             
             Irish
             Enemy
             received
             to
             the
             Kings
             allegiance
             shall
             afterwards
             rob
             ,
             spoyl
             ,
             and
             destroy
             the
             Kings
             Liege
             people
             ,
             it
             shall
             be
             lawfull
             for
             every
             Liege-man
             that
             may
             meet
             with
             him
             afterwards
             ,
             to
             do
             with
             him
             ,
             and
             his
             Goods
             and
             Chattels
             as
             to
             Enemies
             who
             were
             never
             Liege
             ,
             and
             to
             ransome
             them
             at
             their
             free
             will
             ,
             without
             any
             impeachment
             of
             the
             Law
             .
          
           And
           Ch.
           6.
           
           
             If
             any
             men
             ,
             except
             Knights
             &
             Prelates
             shall
             wear
             gilded
             Bridle
             ,
             Pestrels
             ,
             or
             other
             harneys
             ,
             that
             it
             shall
             be
             lawfull
             to
             every
             man
             that
             will
             ,
             to
             take
             the
             said
             man
             his
             horse
             and
             harnesse
             ,
             and
             to
             possess
             the
             same
             as
             his
             own
             Goods
             ,
             without
             endictment
             or
             legal
             tryal
             .
          
           All
           which
           would
           be
           monstrous
           in
           
             England
             .
          
           Therfore
           it
           is
           much
           more
           legal
           and
           just
           ,
           and
           no
           injurie
           at
           all
           to
           try
           the
           Prisoner
           ,
           an
           Arch-Rebel
           in
           
             England
             ,
          
           in
           this
           time
           of
           war
           and
           combustion
           in
           
             Ireland
             ,
          
           for
           his
           Treasons
           there
           perpetrated
           ,
           by
           an
           indifferent
           ,
           honest
           ,
           lawfull
           English
           Jury
           ,
           upon
           an
           endictment
           found
           by
           the
           grand
           Inquest
           ,
           than
           thus
           to
           kill
           ,
           behead
           such
           Malefactors
           in
           
             Ireland
             ,
          
           and
           seise
           both
           them
           and
           their
           Goods
           as
           Enemies
           ,
           and
           ransome
           them
           at
           pleasure
           without
           Tryal
           ,
           Jury
           ,
           or
           Endictment
           ,
           and
           not
           only
           to
           indemnifie
           but
           reward
           those
           that
           do
           it
           ,
           by
           Laws
           there
           made
           by
           the
           English
           ,
           and
           Irish
           themselves
           :
           which
           will
           answer
           all
           Objections
           ,
           and
           wipe
           off
           the
           least
           shadow
           of
           Injustice
           in
           this
           Case
           ,
           and
           tryal
           .
        
         
           The
           third
           Objection
           is
           this
           ,
           That
           if
           Irish
           Peers
           had
           been
           within
           this
           Law
           ,
           there
           being
           so
           many
           rebellions
           
           in
           
             Ireland
          
           since
           its
           enacting
           ,
           we
           should
           have
           had
           some
           Presidents
           of
           Irish
           Peers
           here
           tried
           by
           Jurie
           ,
           ere
           this
           ;
           But
           there
           is
           no
           such
           President
           extant
           ;
           therefore
           certainlie
           Irish
           Peers
           for
           Treasons
           perpetrated
           in
           
             Ireland
          
           are
           out
           of
           this
           Act
           .
        
         
           To
           this
           I
           answer
           ,
           1.
           
           That
           no
           Irish
           Peers
           have
           been
           tried
           by
           their
           Peers
           in
           
             Ireland
          
           for
           treasons
           since
           this
           Act
           ;
           
             ergo
          
           they
           are
           within
           i●
           .
        
         
           2.
           
           That
           this
           Argument
           is
           merely
           fallacious
           and
           non
           concludant
           :
           for
           the
           reason
           why
           no
           Irish
           Peers
           have
           been
           tried
           here
           since
           this
           Law
           by
           vertue
           of
           it
           ,
           is
           not
           because
           they
           were
           not
           deemed
           within
           it
           ,
           but
           for
           other
           reasons
           .
        
         
         
           1.
           
           Because
           most
           of
           the
           Irish
           Peers
           ▪
           who
           have
           been
           in
           actual
           rebellion
           since
           this
           Law
           ,
           were
           
             *
          
           
             either
             actually
             slain
             in
             the
             wars
             ,
             or
             fled
             the
             Kingdom
             ,
             or
             else
             were
             received
             into
             grace
             ,
             and
             pardoned
             before
             tryal
             upon
             their
             submissions
             ;
          
           or
           else
           attainted
           and
           
             executed
             by
             Act
             of
             Parliament
             ,
          
           or
           
             by
             Martial-law
             in
             Ireland
             .
          
           And
           by
           these
           means
           onlie
           avoided
           their
           Trials
           here
           .
        
         
           2ly
           .
           Because
           some
           
             Irish
             Rebels
             ,
          
           as
           great
           as
           
             Magwire
             ,
          
           or
           anie
           of
           their
           Peers
           in
           power
           and
           estate
           ,
           have
           been
           heretofore
           tried
           and
           executed
           for
           Treason
           in
           
             England
          
           by
           vertue
           of
           this
           Law
           ;
           though
           brought
           over
           hither
           from
           
             Ireland
          
           against
           their
           wills
           ;
           as
           
             Orourke
          
           and
           Sir
           
             John
             Parrot
          
           of
           old
           ,
           and
           
             Mac-Mahon
          
           the
           last
           Term
           ▪
           and
           the
           Tryals
           of
           these
           three
           here
           are
           direct
           Presidents
           in
           point
           ,
           and
           good
           warrant
           by
           this
           very
           Act
           for
           the
           Tryal
           also
           of
           this
           Irish
           Peer
           ,
           as
           I
           have
           proved
           .
        
         
           3ly
           .
           This
           Statute
           is
           not
           very
           antient
           ,
           yet
           still
           in
           as
           full
           force
           as
           ever
           ,
           and
           if
           this
           be
           the
           first
           President
           of
           an
           Irish
           Peer
           that
           came
           judicially
           in
           question
           here
           in
           
             England
             ,
          
           to
           be
           tryed
           upon
           it
           since
           its
           making
           ,
           it
           is
           no
           Argument
           he
           is
           out
           of
           this
           Law
           ,
           but
           rather
           an
           Inducement
           to
           make
           him
           a
           leading
           President
           to
           those
           rebellious
           Peers
           of
           that
           Nation
           ,
           who
           have
           been
           the
           
             Ring-leaders
          
           of
           the
           ordinary
           Commons
           there
           in
           this
           grand
           Rebellion
           ,
           there
           being
           no
           President
           ,
           Judgement
           ,
           nor
           foild
           season
           against
           it
           ;
           Yea
           ●ome
           Judgements
           in
           case
           of
           Irish
           Commons
           ,
           and
           many
           unanswerable
           reasons
           for
           it
           .
        
         
           The
           fourth
           Objection
           is
           ,
           the
           opinion
           of
           the
           Book
           in
           
           
             Dyer
             ,
             f.
          
           360.
           
           ●●
           .
           forecited
           ,
           recited
           in
           
             Cromptons
             Jurisdiction
             of
             Courts
             ,
          
           f.
           23.
           a.
           and
           Mr.
           
             St.
             Johns
             Argument
             at
             Law
             at
          
           Straffords
           
             Attainder
             ,
          
           p.
           63.
           
           
             That
             an
             Irish
             Peer
             cannot
             be
             tryed
             here
             in
          
           England
           
             for
             Treason
             done
             in
          
           Ireland
           ,
           
             neither
             by
             his
             Peers
             ,
             nor
             by
             a
             Jury
             ,
          
           because
           he
           is
           no
           Subject
           of
           
             England
             .
          
        
         
           To
           this
           I
           have
           
             *
          
           already
           given
           an
           Answer
           ,
           and
           shall
           
           here
           only
           adde
           .
           1.
           
           That
           the
           only
           reason
           given
           in
           
           the
           Book
           hath
           been
           since
           several
           times
           adjudged
           to
           be
           no
           reason
           at
           all
           nor
           Law
           ,
           by
           all
           the
           Judges
           of
           
             England
             ,
          
           a
           Subject
           of
           
             Ireland
          
           being
           a
           
             *
          
           Subject
           to
           the
           King
           of
           
             England
          
           in
           all
           places
           ,
           as
           is
           adjudged
           in
           
             Calvins
          
           Case
           ,
           and
           that
           
             Wrey
          
           disclaimed
           any
           such
           opinion
           delivered
           by
           him
           as
           is
           there
           reported
           .
           Therefore
           the
           reason
           of
           this
           opinion
           being
           adjudged
           erroneous
           and
           no
           Law
           ,
           the
           opinion
           it self
           grounded
           on
           it
           ,
           must
           needs
           be
           so
           too
           .
           The
           rather
           ,
           because
           the
           opinion
           there
           cited
           was
           upon
           a
           Case
           casually
           put
           and
           moved
           out
           of
           Court
           by
           way
           of
           discourse
           ,
           without
           study
           or
           argument
           ,
           and
           suddenly
           delivered
           only
           by
           
             Dyer
          
           and
           
             Gerrard
          
           (
           since
           
             Wrey
          
           disclaimed
           it
           )
           but
           not
           given
           upon
           any
           cause
           actually
           depending
           or
           debated
           and
           argued
           in
           Court
           .
           2ly
           .
           That
           it
           is
           a
           full
           authority
           for
           me
           ,
           both
           because
           it
           determines
           ,
           there
           can
           be
           no
           Tryal
           of
           an
           Irish
           Peer
           by
           his
           Peers
           in
           
             England
          
           but
           only
           by
           a
           Jury
           ;
           and
           that
           in
           
             Ireland
          
           it self
           ,
           
             Peers
             are
             not
             used
             to
             be
             tryed
             by
             Peers
             ,
             but
             attainted
             by
             Act
             of
             Parliament
             ;
          
           Therefore
           an
           authority
           point-blank
           against
           the
           Prisoners
           plea
           .
        
         
           The
           5th
           Objection
           is
           
             Orourks
          
           Case
           ;
           which
           in
           Judge
           
           
             Andersons
          
           own
           Book
           of
           Reports
           ,
           is
           put
           thus
           ,
           
             Whether
          
           Orourk
           
             an
             Irish
             Subject
             (
             and
             no
             Peer
             nor
             Baron
             of
          
           Ireland
           )
           
             might
             be
             tryed
             by
             this
             Act
             here
             in
          
           England
           ,
           
             for
             Treasons
             committed
             in
          
           Ireland
           ?
           which
           words
           (
           
             nient
             esteant
             ,
             un
             Peer
             ou
             Baron
             de
          
           Ireland
           )
           in
           the
           putting
           of
           the
           Case
           seems
           to
           intimate
           ,
           that
           in
           that
           Case
           the
           opinion
           of
           the
           Judges
           was
           ,
           
             that
             an
             Irish
             Peer
             was
             not
             within
             this
             Act
             .
          
        
         
           To
           which
           I
           shall
           return
           this
           brief
           Answer
           ,
           That
           
           this
           clause
           ,
           
             not
             being
             a
             Peer
             or
             Baron
             in
             Ireland
             ,
          
           in
           the
           putting
           of
           that
           Case
           ,
           was
           only
           a
           description
           of
           the
           quality
           of
           his
           person
           ,
           he
           being
           no
           
             Peer
             or
             Baron
             of
             that
             Realm
             ,
          
           not
           any
           point
           in
           or
           part
           of
           the
           Case
           ,
           there
           being
           not
           one
           syllable
           in
           the
           whole
           debate
           or
           Argument
           of
           it
           ,
           by
           way
           of
           admission
           or
           otherwise
           ,
           that
           an
           Irish
           Peer
           was
           not
           within
           this
           Act
           ;
           And
           in
           this
           very
           Case
           the
           
           Judges
           resolved
           
             the
             Book
             in
          
           Dyer
           
             to
             be
             no
             Law
             ,
          
           and
           
             Wrey
          
           disclaimed
           any
           such
           opinion
           of
           his
           therein
           reported
           ,
           as
           Sir
           
             Edward
             Cooks
          
           Institutes
           on
           
             Littleton
             ,
             fol.
          
           261.
           
             b.
          
           records
           .
        
         
           The
           6th
           .
           Objection
           is
           this
           ,
           (
           intimated
           in
           an
           Order
           
           of
           the
           
             Lords
             House
          
           )
           That
           this
           may
           much
           concern
           the
           Peers
           of
           
             England
             ;
          
           For
           this
           Law
           for
           trying
           forein
           
             Treasons
          
           is
           enacted
           in
           
             Ireland
             ;
          
           and
           so
           by
           colour
           of
           it
           
             English
             Peers
             may
             be
             sent
             over
             into
          
           Ireland
           
             to
             be
             tryed
             there
             by
             a
             Jury
             of
             Irish
             Commoners
             ,
             for
             Treasons
             done
             in
          
           England
           ,
           
             as
             well
             as
             Irish
             Peers
             sent
             thence
             to
             be
             tryed
             by
             ordinarie
             Juries
             here
             in
             England
             for
             Treasons
             committed
             in
          
           Ireland
           .
        
         
           I
           answer
           ,
           1.
           
           That
           there
           is
           no
           such
           Law
           extant
           in
           
           
             Ireland
             ,
          
           that
           I
           can
           fi●d
           ,
           among
           all
           their
           printed
           Statutes
           ,
           so
           as
           this
           is
           a
           vain
           surmise
           .
        
         
           But
           2ly
           .
           if
           there
           were
           any
           such
           Law
           there
           ,
           yet
           
             England
          
           being
           the
           supreme
           Realm
           to
           
             Ireland
             ,
          
           may
           make
           Laws
           in
           the
           Parliament
           here
           to
           bind
           the
           
             Irish
             Peers
          
           and
           
             Commons
             ,
          
           but
           the
           Parliament
           in
           
             Ireland
          
           being
           a
           
             *
          
           subordinate
           Realm
           to
           
             England
             ,
          
           never
           yet
           did
           nor
           can
           make
           any
           Laws
           at
           all
           to
           bind
           any
           
             English
             Peers
          
           or
           Commons
           for
           things
           done
           in
           
             England
             ,
          
           (
           untill
           the
           Rebels
           there
           shall
           be
           able
           to
           conquer
           
             England
             ,
          
           which
           I
           hope
           they
           never
           shall
           )
           as
           we
           have
           conquer'd
           them
           .
           Therefore
           we
           need
           not
           fear
           any
           such
           obliging
           Laws
           of
           theirs
           ,
           or
           the
           tryal
           of
           English
           Peers
           in
           
             Ireland
             .
          
           So
           as
           this
           vain
           fancy
           is
           quite
           out
           of
           Dores
           ,
           and
           the
           Lords
           themselves
           upon
           conference
           with
           the
           Commons
           ,
           have
           been
           fully
           satisfied
           that
           this
           Case
           no
           waies
           concerneth
           the
           
             Peers
             of
             England
             ,
          
           whose
           
             Tryal
             by
             their
             Peers
          
           is
           by
           direct
           proviso
           saved
           to
           them
           in
           this
           Act
           ,
           and
           therefore
           cannot
           come
           in
           question
           ,
           or
           be
           taken
           from
           them
           by
           pretence
           of
           any
           such
           Law
           established
           in
           
             Ireland
             ;
          
           Whereupon
           they
           have
           
             revensed
             their
             Order
             ,
          
           which
           seemed
           to
           give
           some
           colour
           for
           this
           Objection
           .
        
         
         
           Pat.
           48H
           .
           3.
           pars
           .
           1.
           m.
           8.
           
           I
           find
           this
           memorable
           Record
           .
           
             Rex
             ,
             &c.
             omnibus
             salutem
             .
             Cum
             secundum
             consuetudinem
             hactenus
             in
             
               Hibernia
            
             obtentam
             ,
             Utlagati
             in
             Regno
             nostro
             
               Angliae
            
             pro
             Utlagatis
             in
             
               Hibernia
            
             haberi
             non
             consueverunt
             ,
             &
             
               Gregorius
               le
               Somner
               ,
            
             ratione
             Utlagariae
             in
             ipsum
             promulgatae
             in
             Regno
             nostro
             
               Angliae●uper
            
             captus
             fuit
             in
             
               Hibernia
            
             &
             in
             
               Angliam
            
             reductus
             &
             imprisonatus
             ;
             Nolumus
             quod
             fidelibus
             nostris
             
               Hiberniae
            
             aliquod
             praejudicium
             ex
             hoc
             in
             posterum
             gravetur
             .
             In
             cujus
             ,
             &c.
             Teste
             
               Rege
            
             apud
             
               Turrim
            
             London
             .
          
           26
           die
           
             Junii●
             .
          
           If
           Englishmen
           outlawed
           in
           
             England
          
           could
           not
           by
           the
           Law
           and
           Custome
           of
           
             Ireland
             ,
          
           be
           taken
           upon
           a
           
             C●pias
             Utlagatum
          
           in
           
             Ireland
             ,
          
           or
           reputed
           as
           out-lawed
           persons
           there
           ,
           as
           this
           Patent
           resolves
           ,
           much
           less
           can
           they
           there
           be
           tried
           for
           any
           Treasons
           acted
           in
           
             England
          
           by
           colour
           of
           this
           Law
           ,
           nor
           can
           our
           English
           Peers
           be
           there
           tried
           for
           Treasons
           here
           by
           an
           Irish
           Jury
           .
        
         
           A
           seventh
           Objection
           ,
           which
           I
           have
           heard
           made
           
           by
           some
           ,
           is
           as
           vain
           and
           absurd
           as
           the
           former
           ,
           That
           if
           Irish
           Peers
           be
           within
           this
           Act
           for
           Treasons
           done
           in
           
             Ireland
             ,
          
           then
           by
           the
           same
           reason
           Peers
           in
           
             Scotland
          
           might
           be
           sent
           for
           and
           brought
           into
           
             England
             ,
          
           and
           there
           tryed
           by
           an
           ordinary
           Jury
           by
           vertue
           of
           this
           Law
           ,
           for
           Treasons
           done
           in
           
             Scotland
             ;
          
           which
           would
           be
           a
           great
           prejudice
           to
           the
           Peers
           of
           
             Scotland
             ,
          
           and
           the
           privileges
           of
           that
           Kingdome
           .
        
         
           I
           answer
           ,
           1.
           
           That
           this
           Act
           extends
           not
           to
           any
           
           Treasons
           of
           
             Scots
             Lords
             or
          
           Commons
           committed
           or
           acted
           in
           
             Scotland
             ,
          
           and
           tryable
           there
           ,
           though
           it
           reacheth
           to
           
             Irish
             Lords
          
           and
           
             Ireland
             .
          
        
         
           1.
           
           Because
           this
           Act
           was
           made
           long
           before
           the
           
             union
          
           betwixt
           
             England
          
           and
           
             Scotland
             ,
          
           by
           1
           
             Iac.
          
           c.
           2
           ,
           3.
           
             Iac.
          
           c.
           3
           ,
           4
           
             Iac.
          
           c.
           1.
           
           &
           16
           
             Caroli
             :
          
           whiles
           that
           
             Scotland
          
           was
           under
           the
           absolute
           and
           immediate
           power
           of
           its
           
           own
           Kings
           ,
           and
           not
           of
           the
           Kings
           of
           
             England
             ,
          
           and
           so
           it
           cannot
           extend
           to
           them
           .
        
         
           2ly
           .
           
             Scotland
             ,
          
           although
           the
           
             *
          
           Kings
           of
           it
           have
           often
           
             done
             homage
             to
             the
             Kings
             of
          
           England
           ,
           in
           antient
           times
           ,
           as
           their
           Soveraign
           Lords
           )
           was
           still
           an
           absolute
           independant
           Kingdom
           in
           this
           respect
           of
           being
           subject
           only
           to
           &
           governed
           by
           its
           own
           
             Parliaments
             ,
          
           and
           Laws
           .
           But
           not
           subordinate
           to
           nor
           governed
           by
           the
           Laws
           or
           Parliaments
           of
           
             England
             ,
          
           which
           never
           bound
           them
           heretofore
           ,
           nor
           now
           ,
           as
           they
           did
           and
           do
           
             Ireland
             ;
          
           their
           
             Laws
          
           and
           
             Statutes
          
           and
           
             ours
             still
             continuing
             different
             .
          
           Therefore
           this
           Act
           neither
           did
           nor
           could
           bind
           the
           
             Scots
          
           Peers
           or
           Commons
           in
           point
           of
           Tryal
           here
           for
           Treasons
           committed
           in
           
             Scotland
             ,
          
           as
           it
           binds
           the
           Irish
           (
           still
           subject
           to
           our
           Laws
           and
           Parliaments
           )
           for
           Treasons
           done
           in
           
             Ireland
             .
          
        
         
           3ly
           .
           The
           very
           
             Acts
          
           of
           
             Pacification
          
           between
           both
           Kingdoms
           
           &
           the
           solemn
           League
           and
           Covenant
           passed
           this
           Parl.
           here
           &
           in
           
             Scotland
          
           too
           ,
           which
           do
           specially
           reserve
           the
           
             Tryals
             of
             all
             Traytors
             and
             Delinquents
             of
             either
             Kingdom
             ,
             to
             the
             Tryal
             and
             Judicatory
             only
             of
             their
             own
             Parliaments
             and
             Realms
          
           )
           have
           for
           ever
           provided
           against
           this
           vain
           pretence
           ,
           and
           secured
           not
           only
           all
           
             Scotish
          
           Peers
           but
           Commoners
           too
           against
           any
           Tryals
           here
           by
           vertue
           of
           this
           Act
           for
           Treasons
           done
           in
           
             Ireland
             ;
          
           Therefore
           I
           shall
           give
           it
           no
           further
           Answer
           .
        
         
           The
           last
           Objection
           I
           can
           think
           of
           is
           this
           ,
           That
           in
           
           every
           Case
           of
           Treason
           or
           Felony
           new
           made
           by
           Statute
           ,
           the
           Lords
           of
           Parliament
           in
           
             England
          
           shall
           have
           their
           Tryal
           by
           their
           
             Peers
          
           saved
           ,
           not
           withstanding
           the
           Statute
           provides
           not
           for
           it
           by
           express
           words
           ;
           so
           that
           provisoes
           
             of
             Tryal
             by
             their
             Peers
          
           inserted
           into
           them
           in
           such
           Cases
           ,
           are
           but
           idle
           ,
           and
           
             ex
             abundanti
             ,
          
           because
           it
           is
           provided
           for
           both
           by
           the
           Common
           law
           and
           by
           
             Magna
             Charta
          
           it self
           ,
           
             c.
          
           29.
           and
           so
           was
           it
           adjudged
           in
           the
           case
           of
           the
           Lord
           
             Hungerford
          
           heretofore
           ,
           
           and
           in
           the
           
             Earl
             of
             Castlehavens
             Case
          
           of
           late
           for
           
             Buggery
             ,
          
           upon
           the
           Statute
           of
           25
           
             H.
             8.
             c.
             6.
             
             Stamfords
             Pleas
             of
             the
             Crown
             f.
          
           152
           ,
           153
           &
           
             Cromptons
             Iurisdiction
             of
             Courts
             f.
          
           ●9
           .
           Therefore
           the
           Tryof
           Irish
           Peers
           by
           their
           Peers
           shall
           be
           likewise
           saved
           to
           them
           within
           this
           Act
           ,
           though
           it
           be
           not
           expressed
           ,
           as
           well
           as
           the
           Tryal
           by
           Peers
           is
           to
           English
           Peeers
           by
           expresse
           Provisoe
           .
        
         
           I
           answer
           ,
           First
           ,
           that
           this
           rule
           holds
           generallie
           
           true
           in
           all
           Cases
           of
           new
           Treasons
           and
           Felonies
           where
           the
           offences
           only
           are
           made
           capital
           ,
           or
           punishable
           according
           to
           the
           antient
           ,
           usual
           ,
           and
           ordinarie
           proceedings
           of
           Law
           ,
           and
           the
           manner
           of
           the
           Tryal
           of
           them
           left
           at
           large
           and
           not
           preciselie
           limited
           how
           and
           by
           whom
           they
           shall
           be
           tryed
           ;
           As
           they
           are
           in
           the
           objected
           Cases
           upon
           the
           Statutes
           of
           25
           H.
           8.
           c.
           6.
           
           &
           5
           Eliz.
           cap.
           17.
           concerning
           
             Buggery
             :
          
           where
           the
           words
           are
           ,
           
             That
             this
             Vice
             shall
             be
             adjudged
             Felony
             ,
             and
             that
             such
             order
             and
             form
             of
             Process
             shall
             thereupon
             be
             used
             against
             the
             Offenders
             ,
             as
             in
             Cases
             of
             Felony
             at
             the
             Common
             law
             ,
             and
             that
             the
             Offenders
             being
             thereof
             convicted
             by
             verdict
             ,
             confession
             ,
             or
             Outlawry
             ,
             shall
             suffer
             pain
             of
             death
             ,
             &c.
          
           which
           words
           without
           the
           least
           contradiction
           ,
           stand
           as
           well
           with
           Tryal
           of
           Peers
           who
           are
           guilty
           of
           it
           by
           their
           Peers
           alone
           ,
           as
           of
           Commons
           by
           a
           Jury
           ,
           they
           being
           both
           according
           to
           the
           
             order
             of
             our
             Common
             law
             ,
          
           and
           a
           
             verdict
             by
             Peers
             is
             as
          
           properlie
           stiled
           a
           
             verdict
          
           in
           Law
           ,
           as
           a
           verdict
           by
           Jurie
           ,
           witnesse
           1
           H.
           4.
           1.
           and
           
             Cooks
          
           3
           Institut
           .
           ch.
           2.
           p.
           30.
           
           But
           in
           the
           Statute
           of
           35
           H.
           8.
           there
           is
           no
           creation
           or
           introduction
           at
           all
           of
           any
           
             New
             Treasons
             ,
          
           but
           only
           an
           introduction
           of
           a
           
             new
             form
             and
             way
             of
             Tryal
          
           for
           Treasons
           formerly
           made
           and
           declared
           such
           ,
           then
           done
           ,
           or
           hereafter
           to
           be
           committed
           out
           of
           this
           Realm
           ,
           and
           that
           new
           form
           of
           Tryal
           precisely
           limited
           in
           all
           
           particulars
           ,
           and
           especially
           enacted
           to
           be
           by
           an
           
             ordinary
             Iury
             ,
          
           except
           onlie
           in
           Case
           of
           our
           
             English
             Peers
             ;
          
           Therfore
           this
           Statute
           comes
           not
           at
           all
           within
           the
           Objection
           ,
           because
           it
           particularlie
           defines
           the
           place
           where
           ,
           the
           Judges
           before
           whom
           ,
           the
           Juries
           by
           whom
           ,
           with
           the
           whole
           form
           and
           manner
           how
           ,
           such
           forein
           Treasons
           shall
           be
           tryed
           ,
           with
           all
           other
           circumstances
           of
           the
           Tryal
           ,
           and
           expresly
           prescribes
           ;
           
             That
             all
          
           but
           English
           Peers
           indicted
           for
           
             forein
             Treasons
             ,
             shall
             be
             tryed
             by
             good
             and
             lawfull
             men
             of
             the
             Shire
             where
             the
             Kings
             Bench
             or
             Commissioners
             sit
             .
          
           Therefore
           to
           alter
           this
           form
           of
           Tryal
           precisely
           prescribed
           by
           this
           Statute
           ,
           by
           introducing
           a
           new
           Tryal
           by
           
             Irish
             Peers
             ,
          
           is
           to
           run
           quite
           cross
           against
           ,
           and
           elude
           ,
           repeal
           this
           Sta●ute
           ,
           as
           I
           have
           argued
           and
           proved
           at
           large
           .
        
         
           I
           have
           now
           quite
           done
           with
           my
           Argument
           of
           this
           new
           untroden
           Case
           ,
           and
           I
           hope
           therein
           sufficiently
           manifested
           ,
           that
           this
           Plea
           of
           the
           Prisoner
           is
           invalid
           ,
           and
           such
           as
           ought
           to
           be
           over-ruled
           in
           point
           of
           Law
           :
           And
           therefore
           as
           he
           hath
           been
           sent
           for
           over
           from
           
             Ireland
          
           by
           the
           wisdome
           and
           Justice
           of
           our
           Parliament
           ,
           and
           by
           the
           Lords
           ,
           Justices
           ,
           and
           Councel
           there
           transmitted
           hither
           to
           receive
           a
           just
           ,
           and
           speedy
           Tryal
           at
           this
           Bar
           for
           his
           bloody
           Treasons
           ,
           which
           there
           (
           in
           respect
           of
           the
           Rebels
           power
           ,
           Tumults
           in
           that
           Realm
           )
           he
           could
           not
           conveniently
           undergo
           :
           So
           I
           humbly
           pray
           on
           the
           behalf
           of
           the
           
             King
             ,
             Kingdome
             ,
             Parliament
             ,
          
           and
           our
           whole
           
             English
             Nation
             ,
          
           to
           all
           which
           he
           hath
           been
           such
           a
           capital
           
             Traytor
          
           and
           
             Enemy
             ,
             that
             this
             Plea
             of
             his
             may
             presently
             be
             over-ruled
             ,
             and
             himself
             brought
             to
             his
             speedy
             Tryal
             ,
             Iudgement
             and
             execution
             for
             his
             unparallel'd
             Treasons
             ,
             and
             the
             blood
             of
             those
             many
             thousands
             of
             innocent
          
           English
           Protestants
           
             shed
             in
          
           Ireland
           
             upon
             this
             occasion
             ,
          
           which
           cries
           for
           Justice
           and
           Execution
           against
           him
           without
           
           further
           delay
           .
           The
           rather
           ,
           because
           
             nulli
             differemus
             Justiciam
             ,
          
           is
           one
           clause
           of
           that
           very
           Act
           of
           
             Magna
             Charta
             ,
             ca.
          
           29.
           which
           he
           hath
           pleaded
           in
           bar
           of
           his
           Tryal
           ,
           of
           which
           I
           pray
           both
           he
           and
           the
           whole
           Kingdom
           may
           now
           enjoy
           the
           benefit
           ,
           by
           his
           undelayed
           Tryal
           and
           execution
           too
           ,
           in
           Case
           he
           shall
           be
           found
           guilty
           of
           the
           Treasons
           for
           which
           he
           stands
           indicted
           ;
           of
           which
           there
           is
           little
           doubt
           ,
           since
           so
           fully
           confessed
           by
           himself
           in
           a
           writing
           under
           his
           own
           hand
           ,
           and
           we
           are
           ready
           to
           make
           them
           good
           against
           him
           ,
           as
           we
           have
           already
           done
           against
           his
           Confederate
           
             Mac-Mahon
             ,
          
           by
           the
           Testimony
           of
           a
           clowd
           of
           honorable
           pregnant
           witnesses
           ,
           in
           case
           he
           shall
           deny
           it
           .
        
         
           After
           two
           Arguments
           at
           the
           Bar
           on
           both
           sides
           of
           this
           Case
           ,
           
             Justice
             Bacon
          
           argued
           it
           himself
           ,
           and
           delivered
           his
           opinion
           and
           judgement
           against
           the
           Prisoners
           plea
           :
           that
           
             though
             he
             be
             a
             Baron
             of
          
           Ireland
           ,
           
             yet
             he
             was
             triable
             for
             his
             Treason
             by
             a
          
           Middlesex
           Jury
           
             in
             the
             Kings
             Bench
             ,
             and
             outed
             of
             his
             Peerage
             ,
          
           by
           35
           
             H.
          
           8.
           
             c.
          
           2.
           
           Which
           Iudgement
           was
           approved
           by
           this
           
             Order
          
           of
           both
           Houses
           of
           Parliament
           .
        
         
           
             
               
                 
                   
                     
                       Die
                       Lunae
                       10
                       Febr.
                       1644.
                       
                    
                  
                
                 
                   Ordered
                   by
                   the
                   
                     Lords
                  
                   and
                   
                     Commons
                  
                   in
                   Parliament
                   assembled
                   ,
                   That
                   the
                   said
                   
                     Houses
                  
                   do
                   approve
                   of
                   the
                   judgment
                   given
                   by
                   Master
                   Justice
                   
                     Bacon
                     ,
                  
                   in
                   over-ruling
                   the
                   Plea
                   of
                   the
                   
                     Lord
                     Magwire
                     ,
                  
                   and
                   of
                   the
                   manner
                   of
                   the
                   Tryal
                   by
                   the
                   Indictment
                   of
                   
                     High
                     Treason
                  
                   in
                   the
                   
                     Kings
                     Bench
                     :
                  
                   And
                   the
                   Judge
                   is
                   hereby
                   required
                   to
                   proceed
                   speedily
                   thereupon
                   according
                   to
                   Law
                   and
                   Iustice
                   .
                
                 
                   
                     
                       John
                       Brown
                    
                     Cler.
                     Parl.
                     
                  
                   
                     
                       Henry
                       Elsing
                    
                     Cler.
                     Parl.
                     D.
                     C.
                     
                  
                
              
            
          
        
         
           Upon
           which
           on
           Monday
           
             Febr.
          
           10.
           1644.
           he
           was
           brought
           from
           the
           
             Tower
             of
             London
          
           to
           the
           
             Kings
             Bench
             
             Bar
             ,
          
           &
           there
           arraigned
           ;
           where
           putting
           himself
           upon
           his
           trial
           he
           challenged
           23
           of
           the
           Jury
           which
           appeared
           
             peremptorily
             ;
          
           Whereupon
           a
           
             Distring
             as
          
           was
           awarded
           to
           the
           Sheriff
           of
           
             Middlesex
          
           to
           retorn
           
             Quadrag●nta
             Tales
          
           the
           next
           day
           ;
           of
           whom
           he
           challenged
           12
           more
           peremptorily
           :
           And
           being
           tryed
           by
           twelve
           of
           the
           residue
           retorned
           (
           against
           whom
           he
           had
           no
           legal
           exception
           nor
           challenge
           )
           he
           was
           upon
           his
           own
           
             Confessions
          
           and
           pregnant
           evidence
           of
           15
           Witnesses
           (
           Persons
           of
           Quality
           )
           
             found
             guilty
          
           of
           the
           
             Treasons
             ,
          
           for
           which
           he
           was
           indicted
           ;
           and
           thereupon
           
             Febr.
          
           11.
           was
           adjudged
           
             tobe
             drawn
             to
          
           Tyburn
           ,
           
             and
             there
             hanged
             by
             the
             Neck
             ,
             and
             cut
             down
             alive
             ,
             and
             then
             his
             Bowels
             to
             be
             taken
             out
             ,
             and
             there
             burnt
             before
             his
             Face
             ,
             his
             Head
             to
             be
             cut
             off
             ,
             and
             his
             body
             to
             be
             divided
             into
             four
             Quarters
             ,
             and
             then
             to
             be
             disposed
             as
             the
             Parliament
             shall
             appoint
             :
          
           Which
           was
           accordingly
           executed
           the
           20th
           .
           of
           
             Febr.
             
          
           Even
           so
           let
           all
           such
           perfidious
           bloody
           Traytors
           perish
           .
        
      
       
         
           TO
           fill
           up
           the
           vacant
           pages
           of
           this
           Sheet
           ,
           I
           shall
           annex
           this
           one
           Record
           ,
           and
           also
           one
           Irish
           Act
           ,
           being
           both
           very
           pertinent
           to
           my
           Argument
           .
        
         
           
             
               Pat.
            
             1
             E.
             1.
             m.
             20.
             
             
               Hibernia
               .
            
          
           
             Venerabili
             in
             Christo
             Patri
             eadem
             gratia
             
               Midden
            
             Episcopo
             ,
             &
             Dilectis
             &
             fidelibus
             suis
             
               Mauricio
            
             filio
             ▪
             
               Mauricii
               ,
            
             Justiciario
             suo
             Hibern
             ▪
             et
             Magistro
             
               Johanni
            
             de
             
               Saumford
            
             Escaetori
             suo
             Hibern
             .
             salutem
             .
             Cum
             de●uncto
             jam
             celebris
             memoriae
             Domino
             
               H.
            
             Rege
             pa●re
             nostro
             (
             cujus
             animae
             propicietur
             altissimus
             )
             ad
             nos
             Regni
             
               Angliae
            
             gubernacu●
             ▪
             et
             terrae
             Hibern
             .
             Dominium
             per●ineant
             ,
             ob
             quod
             
               Praelati
               ▪
               Comites
               ,
            
             &
             
               Pro●eres
               ,
            
             as
             
               Communit●s
               Regni
               nostri
            
             nobis
             tanquam
             
             
               Domino
               suo
               ligio
               et
               Regi
               fidelitat●s
               Juramentum
               &
               omnia
               alia
               quae
               nobis
               rations
               Coronae
               &
               dignitatis
               Regiae
               ab
               ipsis
            
             fieri
             &
             praestari
             nobis
             ,
             in
             absentia
             nostra
             ,
             poterunt
             plenariè
             &
             sine
             omissione
             aliqua
             prompto
             &
             liben●i
             animo
             praestiter
             int
             :
             Ac
             
               Archiepiscopi
               Episcopi
               ,
               Abbates
               ,
               Priores
               ,
               Comites
               ,
               Barones
               ,
               Milites
               ,
               libere
               tenentes
               ,
               ac
               tota
               Communi
               as
               terrae
               nostrae
               Hiberniae
               nobis
               tanquam
            
             
               *
            
             
               Regi
               &
               Domino
               suo
               ligio
               consimile
               sacramentum
               fidelitatis
               praest
               are
               teneantur
               .
            
             Dedimus
             vobis
             
               potestatem
               recipiendi
               nomine
               nostro
               fidelitatem
               ipsorum
               .
            
             Ita
             tamen
             quod
             si
             vos
             omnes
             interesse
             nequiveritis
             ,
             tune
             duo
             vel
             unus
             ●estrum
             qui
             praesens
             fuerunt
             nichilominus
             
               plenariam
               habeat
               potestatem
               rec●p●endi
               nomine
               nostr●
               fidelitatem
               ipsorum
               in
               forma
               praedict●
               .
            
             Et
             ideo
             vobis
             mandamus
             quod
             
               fidelitatem
               praedictam
            
             nomine
             nostro
             
               recipiatis
               ,
               prout
               melius
               videbitis
               expedire
               .
            
             In
             cuju●
             ,
             &c.
             Dat.
             per
             manum
             
               W.
               de
               Merton
               C●nc
               .
            
             apud
             
               Westm.
            
             VII
             die
             
               Decembris
               .
            
          
        
         
           
             33
             
               H.
            
             8.
             c.
             1.
             made
             in
             
               Ireland
               .
            
             
          
           
             An
             Act
             that
             the
             King
             and
             his
             Successors
             ,
             to
             be
             Kings
             of
             
               IRELAND
               .
            
          
           
             
               FOrasmuch
               as
               the
               King
               our
               most
               gracious
               dread
               soveraign
               Lord
               ,
               &
               his
               Graces
               mostnoble
               progenitors
               Kings
               of
            
             England
             ,
             
               have
               been
               Lords
               of
               this
               Land
               of
            
             Ireland
             ,
             
               having
               all
               manner
               kingly
               jurisdiction
               ,
               power
               ,
               preeminences
               and
               authority
               royal
               belonging
               or
               appertaining
               to
               the
               royal
               Estate
               and
               Majesty
               of
               a
               King
               ,
               by
               the
               name
               of
            
             Lord
             of
             Ireland
             ,
             
               where
               the
               Kings
               Majestie
               ,
               and
               his
               noble
               Progenitors
               ,
            
             justly
             and
             rightfully
             were
             ,
             and
             of
             right
             ought
             to
             be
             Kings
             of
             
               Ireland
               ,
            
             and
             so
             to
             be
             reputed
             ,
             taken
             ,
             named
             and
             called
             ,
             
               and
               for
               lack
               of
               naming
               the
               Kings
               Majesty
               and
               his
               noble
               Progenitors
            
             Kings
             of
             Ireland
             according
             to
             their
             said
             true
             and
             just
             Title
             ,
             Stile
             
               and
            
             Name
             ,
             therein
             
               hath
               been
               great
               occasion
               that
               the
               Irishmen
               and
               Inhabit
               ants
               
               within
               this
               Realm
               of
            
             Ireland
             have
             not
             been
             so
             obedient
             to
             the
             Kings
             Highness
             and
             his
             most
             noble
             Progenitors
             ,
             and
             to
             their
             Laws
             ,
             as
             they
             of
             right
             and
             according
             to
             their
             allegiance
             and
             bounden
             duties
             ought
             to
             have
             been
             .
             
               Wherefore
               at
               the
               humble
               pursute
               ,
               petition
               ,
               and
               request
               of
               the
               Lords
               spiritual
               and
               temporal
               ,
               and
               other
               the
               Kings
               loving
               ,
               faithfull
               and
               obedient
               Subjects
               of
               this
               Land
               of
            
             Ireland
             ,
             
               and
               by
               their
               full
               assents
               ,
               Be
               it
               enacted
               ,
               ordained
               ,
               and
               esta
               blished
               by
               this
               present
               Parliament●
            
             That
             the
             Kings
             Highnesse
             ,
             his
             Heirs
             and
             Successors
             Kings
             of
             
               England
               ,
            
             be
             alwaies
             Kings
             of
             this
             Land
             of
             
               Ireland
               ,
            
             and
             that
             his
             Majesty
             his
             heirs
             and
             Successors
             ,
             have
             the
             name
             ,
             stile
             ,
             title
             and
             honor
             of
             King
             of
             this
             Land
             of
             
               Ireland
               ,
            
             with
             all
             manner
             of
             honors
             ,
             preheminences
             ,
             prerogatives
             ,
             dignities
             ,
             and
             other
             things
             whatsoever
             they
             be
             ,
             to
             the
             Estate
             ,
             and
             Majesty
             of
             a
             
               KING
            
             appertaining
             or
             belonging
             :
             and
             that
             his
             Majesty
             ,
             his
             Heirs
             and
             Successors
             be
             from
             henceforth
             named
             ,
             called
             ,
             accepted
             ,
             reputed
             and
             taken
             to
             be
             Kings
             of
             the
             Land
             of
             
               Ireland
               :
            
             to
             have
             ,
             hold
             and
             enjoy
             the
             said
             stile
             ,
             title
             ,
             majesty
             and
             honors
             of
             the
             King
             of
             Ireland
             ,
             with
             all
             manner
             preheminence
             ,
             prerogative
             ,
             dignities
             ,
             and
             all
             other
             the
             premises
             ,
             unto
             the
             Kings
             Highnesse
             ,
             his
             Heirs
             and
             Successors
             for
             ever
             ,
             as
             united
             and
             knit
             to
             the
             Imperial
             Crown
             of
             
               England
               .
               And
               be
               it
               further
               enacted
               by
               authority
               aforesaid
               ,
               That
               on
               this
               side
               the
               first
               day
               of
            
             Iuly
             
               next
               comming
               ,
               proclamation
               shall
               be
               made
               in
               all
               Shires
               within
               this
               Land
               of
            
             Ireland
             ,
             
               of
               the
               tenour
               and
               sentences
               of
               this
               Act.
               And
               if
               any
               person
               and
               persons
               ,
               of
               what
               estate
               ,
               dignitie
               or
               condition
               soever
               they
               or
               he
               be
               ,
               subject
               or
               resiant
               within
               this
               Land
               of
            
             Ireland
             ,
             
               after
               the
               said
               first
               day
               of
            
             Iuly
             
               by
               writing
               or
               imprinting
               ,
               or
               by
            
             any
             exteriour
             Act
             or
             Deed
             ,
             maliciously
             procure
             or
             do
             ,
             or
             cause
             to
             be
             procured
             or
             done
             ,
             any
             thing
             or
             things
             to
             the
             peril
             of
             the
             
               Kings
               Majesties
               most
               royal
               person
               ,
            
             or
             maliciously
             give
             occasion
             by
             writing
             ,
             deed
             ,
             print
             ,
             or
             act
             ,
             whereby
             the
             
             
               Kings
               Majesty
            
             his
             Heirs
             or
             Successors
             ,
             or
             any
             of
             them
             might
             be
             disturbed
             or
             interrupted
             of
             the
             Crown
             of
             this
             Realm
             of
             Ireland
             ,
             or
             of
             the
             name
             ,
             stile
             ,
             or
             title
             thereof
             ,
             or
             by
             writing
             ,
             deed
             ,
             print
             or
             act
             ,
             procure
             or
             do
             ,
             or
             cause
             to
             be
             procured
             or
             done
             any
             thing
             or
             things
             to
             the
             prejudice
             ,
             slander
             ,
             disturbance
             ,
             or
             derogation
             of
             the
             Kings
             Majesty
             ,
             his
             Heirs
             or
             Successors
             ,
             in
             ▪
             of
             ,
             or
             for
             the
             Crown
             of
             this
             Realm
             of
             Ireland
             ,
             or
             in
             ,
             of
             ,
             or
             for
             the
             name
             ,
             title
             ,
             or
             stile
             thereof
             ,
             whereby
             his
             Majesty
             ,
             his
             Heirs
             or
             Successors
             ,
             or
             any
             of
             them
             might
             be
             disturbed
             or
             interrupted
             in
             body
             ,
             name
             ,
             stile
             ,
             or
             title
             of
             Inheritance
             ,
             of
             ,
             in
             ,
             or
             to
             the
             Crown
             of
             this
             Land
             of
             
               Ireland
               ,
            
             or
             of
             the
             name
             ,
             stile
             ,
             title
             ,
             or
             dignity
             of
             the
             same
             ;
             
               that
               then
               every
               such
               person
               and
               persons
               ,
               of
               what
               estate
               ,
               degree
               or
               condition
               they
               be
               ,
               subject
               or
               restants
               within
               the
               said
               Land
               of
            
             Ireland
             ,
             
               and
               their
               Aydors
               ,
               Counsellors
               ,
               Maintainers
               ,
               and
               Abbetters
               therein
               ,
               and
               every
               of
               them
               ,
            
             for
             every
             such
             offence
             ,
             shall
             be
             adjudged
             High
             Traytors
             ,
             and
             every
             such
             offence
             shall
             be
             adjudged
             and
             deemed
             High
             Treason
             ,
             and
             the
             Offendors
             ,
             their
             Aydors
             ,
             Counsellors
             ,
             Maintainors
             and
             Abbettors
             therein
             ,
             land
             every
             of
             them
             being
             lawfully
             convicted
             of
             any
             such
             offence
             by
             presentment
             ,
             verdict
             ,
             confession
             ,
             or
             proofs
             ,
             according
             to
             the
             customs
             and
             Laws
             of
             this
             said
             Land
             of
             Ireland
             ,
             shall
             suffer
             pains
             of
             death
             ,
             as
             in
             cases
             of
             High
             Treason
             ,
             and
             also
             shall
             lose
             and
             forfeit
             unto
             the
             Kings
             Highness
             ,
             and
             to
             his
             Heirs
             
               Kings
               of
               this
               Realm
               of
               Ireland
               ,
            
             all
             ●such
             his
             Mannors
             ,
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             Reversions
             ,
             Annuities
             ,
             and
             Hereditaments
             which
             they
             had
             in
             possession
             as
             owner
             ,
             and
             were
             sole
             seised
             of
             in
             their
             own
             right
             ,
             of
             ,
             by
             ,
             or
             in
             any
             title
             or
             means
             ,
             or
             in
             any
             other
             person
             or
             petsons
             had
             to
             their
             use
             of
             any
             estate
             of
             inheritance
             at
             the
             day
             of
             any
             such
             Treason
             and
             offences
             by
             them
             committed
             and
             done
             ▪
             
               And
               that
               also
               every
               such
               Offendor
               shall
               lose
               and
               forfeit
               to
               the
               Kings
               Highness
               and
               to
               his
               said
               Heirs
               ▪
               as
               well
               all
               such
               estates
               of
               freehold
               ,
               and
               interest
               for
               years
               ,
               of
               
               lands
               and
               rents
               ,
               as
               all
               the
               Goods
               ▪
               Cattels
               and
               Debts
               ,
               which
               they
               or
               any
               of
               them
               had
               at
               the
               time
               of
               their
               conviction
               or
               attaindour
               ,
               of
               or
               for
               any
               such
               offence
               :
               saving
               alway
               to
               every
               person
               and
               persons
               ,
               and
               bodies
               Politique
               ,
               their
               Heirs
               ,
               Successors
               ,
               and
               Assigns
               ,
               and
               to
               every
               of
               them
               ,
               other
               than
               such
               persons
               as
               shall
               be
               so
               convicted
               or
               attainted
               ,
               their
               Heirs
               and
               Successors
               ,
               and
               all
               other
               claiming
               to
               their
               use
               ,
               all
               such
               right
               ,
               title
               ,
               use
               ,
               interest
               ,
               possession
               ,
               condition
               ,
               rents
               ,
               fees
               ,
               offices
               ,
               annuities
               ,
               commons
               and
               profits
               ,
               which
               they
               or
               any
               of
               them
               shall
               happen
               to
               have
               ,
               in
               ,
               to
               ,
               or
               upon
               any
               such
               Mannors
               ,
               Lands
               ▪
               Tenements
               ,
               Rents
               ,
               Reversions
               ,
               Services
               ,
               Annuities
               and
               Hereditaments
               ,
               which
               so
               shall
               happen
               to
               be
               lost
               and
               forfeited
               by
               reason
               and
               occasion
               of
               any
               of
               the
               Treasons
               or
               Offences
               above
               rehearsed
               any
               time
               before
               the
               said
               Treasons
               or
               Offences
               committed
               or
               done
               .
            
          
        
         
           FINIS
           .
        
      
    
     
       
         
           Errata
           .
        
         
           PAge
           20.
           l.
           4.
           r.
           
             either
             .
          
           p.
           33.
           l.
           15.
           r.
           
             it
             ,
             or
             rather
             that
             of
          
           Pat.
           6.
           
           Johan
           .
           Reg.
           m.
           6.
           l.
           33.
           r.
           
             statuatur
             .
          
           l.
           35.
           dele
           
             de
          
           p.
           39
           l.
           33.
           
           &
           38.
           c.
           1.
           r.
           2.
           p.
           58.
           l.
           23
           should
           come
           in
           l.
           25.
           before
           
             authorizing
             .
          
           p.
           59.
           l.
           8.
           r.
           
             Peytr●ls
             .
          
           p.
           64.
           l.
           25
           ,
           Ireland
           r.
           
             Scotland
             .
          
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A91287e-410
           
             a
             An
             Exact
             Collection
             ,
             p.
             8.
             
          
           
             b
             See
             Straffords
             Impeachment
             &
             Tryal
             .
          
           
             *
             2
             Stamf.
             l.
             2.
             c.
             63.
             1.
             H.
             7.
             f.
             23.
             
          
           
             c
             Cooks
             4
             Instit.
             c.
             6.
             
          
           
             *
             Stamf.
             l.
             2.
             c.
             60.
             
          
           
             d
             Cooks
             3
             Th●●●
             .
             p.
             27.
             
             Stamf.
             Pleas
             of
             the
             Crown
             l.
             3.
             c.
             7.
             32
             H.
             6.
             f.
             26.
             14
             H.
             7.
             f.
             19.
             
             Brook
             chal
             86
             ,
             211
             ,
             217.
             
          
           
             *
             Page
             32
             to
             9.
             42
             to
             49
             ,
             38
             ,
             59
             ,
             63
             ,
             68
             ,
             59.
             
          
           
             e
             ror.
             .
             Pat.
             An.
             9.
             
             Iohan.
             Reg.
             m.
             4.
             n.
             46.
             
          
           
             k
             Hoveden
             ,
             Annal.
             pars
             post
             .
             p.
             527
             ,
             528
             ,
             529.
             
             Giraldus
             Cambrensis
             ,
             Hybernia
             Expugnata
             ,
             l.
             1.
             
             &
             2.
             chron.
             Johan
             .
             Bromton
             ,
             col
             .
             1069
             ,
             1070
             ,
             1071.
             
             Mat.
             Westm.
             &
             Mat.
             Paris
             ,
             An.
             1171
             ,
             1172.
             &
             others
             
          
           
             l
             Typographia
             Hybernia
             ,
             c.
             20
             ,
             22
             ,
             24.
             
          
           
             m
             Hybernia
             Expugnata
             ,
             l.
             2.
             c.
             25.
             
             P.
             808.
             
          
           
             n
             Hybernia
             Expug
             .
             c.
             97.
             
          
           
             o
             Hist.
             Ang.
             Edit.
             Lond.
             1640.
             
             P.
             126.
             
          
           
             p
             Hybern
             .
             Expug
             .
             l.
             1.
             c.
             34.
             
          
           
             q
             Mat.
             Paris
             H●st.
             A●gl
             .
             p.
             230.
             
             H●n
             .
             de
             K●yghton
             de
             Event
             .
             Angl.
             l.
             2.
             c.
             15.
             col
             .
             2420.
             
          
           
             r
             Sir
             Iohn
             Davis
             his
             Irish
             Reports
             ,
             p.
             37
             ,
             38.
             
          
           
             ſ
             Stamfords
             plees
             of
             the
             Corone
             ,
             l.
             3.
             c.
             1.
             to
             8.
             
             Cooks
             2
             Instit.
             p.
             48.
             to
             53.
             3
             Instit.
             c.
             1
             ,
             2.
             
             Brook
             ,
             Fitzh.
             Statham
             ,
             Ash
             ▪
             ●ir
             .
             Coron
             .
             Trial
             ,
             Treason
             .
          
           
             t
             See
             Sir
             Walter
             Rawlegh
             his
             Preface
             to
             the
             History
             of
             the
             World
             ,
             D.
             Beards
             Theatre
             of
             Gods
             Iudgements
             on
             the
             6th
             .
             Commandement
             .
          
           
             u
             See
             Lyra
             ,
             Tostatus
             ,
             Lavater
             ,
             Polanus
             ,
             Maldonat
             ,
             Cornelius
             a
             Lapide
             Junius
             ,
             and
             otherson
             these
             Texts
             .
          
           
             x
             A
             Declaration
             of
             the
             Armies
             engagements
             ,
             &c.
             p.
             36
             ,
             37.
             112
             ,
             114.
             
          
           
             *
             See
             here
             p.
             19.
             
             Crooks
             1.
             Rep.
             m.
             14
             Car.
             p.
             511
             ,
             512.
             
          
           
             *
             Claus
             39
             E.
             3.
             m.
             12.
             
             De
             erroribus
             corrigendis
             in
             Parliamentis
             tenendis
             in
             Hibernia
             .
          
           
             *
             See
             Pat.
             8.
             
             Johan
             .
             Regis
             ,
             m.
             1
             ,
             2.
             Pat.
             9.
             
             Iohan.
             Reg.
             m.
             4.
             n.
             26.
             
          
           
             Nota.
             
          
           
             *
             See
             2
             E.
             3.
             c.
             8.
             18
             E.
             3.
             Stat.
             3.
             20
             E.
             3.
             c
             1.
             2
             Claus.
             5.
             E.
             3.
             part
             1.
             m.
             27.
             1
             R.
             2.
             n.
             96.
             2
             R.
             2.
             n.
             51.
             
             Claus.
             20
             E.
             3.
             part
             1.
             dors
             .
             13.
             
          
           
             *
             A
             new
             Discovery
             of
             the
             Prelates
             tyranny
             ,
             p.
             5●
             37.
             122
             ,
             147.
             
          
        
         
           Notes for div A91287e-4370
           
             The
             Case
             and
             Plea
             of
             the
             Lord
             Magwire
             .
          
           
             What
             not
             in
             question
             .
          
           
             *
             See
             3
             E.
             4.
             c.
             1.
             in
             Ireland
             .
          
           
             The
             Question
             
          
           
             The
             Act
             of
             35
             H.
             8.
             c.
             2.
             
          
           
             Question
             1.
             
          
           
             *
             See
             the
             statutes
             of
             Ireland
             ,
             3
             E.
             2.
             c.
             4.
             18
             H.
             6.
             c.
             2
             ,
             3.
             25
             H.
             6.
             c.
             4
             ,
             5.
             28
             H.
             6.
             c.
             1.
             1
             E.
             4.
             c.
             2.
             5
             E.
             4.
             c.
             6.
             18
             E.
             4.
             c.
             2.
             10
             H.
             7.
             c.
             6
             ,
             8
             ,
             9
             ,
             10
             ,
             13
             ,
             17
             ,
             19.
             28
             H.
             8.
             c.
             1
             ,
             3
             ,
             9
             ,
             11.
             3
             Phil.
             &
             Mar.
             c.
             11.
             1
             Eliz.
             c.
             6
             ,
             17.
             27
             Eliz.
             c.
             1.
             28
             Eliz.
             c.
             8
             ,
             9.
             11
             
             Jac.
             c.
             4.
             and
             the
             Annals
             of
             Ireland
             .
          
           
             *
             See
             Mr.
             St.
             
             Iohns
             argument
             against
             Strafford
             ,
             p.
             52
             ,
             53.
             
          
           
             Quest
             .
             2d
             .
          
           
             *
             See
             Cooks
             3
             Instit.
             p.
             34.
             
          
           
             *
             Acts
             10.
             3
             ,
             4.
             Rom.
             2.
             11.
             
             Eph.
             6.
             9.
             
             Col.
             3.
             25.
             1
             Pet.
             1.
             17.
             
          
           
             *
             See
             25
             H.
             8.
             c.
             3
             ,
             10
             ,
             13
             ,
             26
             H.
             8.
             c.
             2.
             32
             H.
             8.
             c.
             4
             ,
             7
             ,
             9
             13.
             5
             Eliz.
             cap.
             9.
             14
             ,
             15
             ,
             21
             ,
             22
             ,
             23.
             8
             Eliz.
             c.
             2
             ,
             3
             ,
             4.
             13
             Eliz.
             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
             ●
             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.
             
             ●
             .
          
           
             *
             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
             ●
             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
             M●r●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.
             
             Ro●
             .
             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
             .
          
        
         
           Notes for div A91287e-24010
           
             *
             Not
             ●
             .
          
           
             The
             Star
             .
             of
             Ireland
             ,
             prin-Dublin
             1621.
             p.
             183.