The Subjection of All Traitors, Title page – To the reader

The Subjection of All Traitors · Title page – To the reader

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 aaAn Exact Collection, p. 8.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 bbSee Straffords Impeachment & Tryal.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 MƲRDERERS, 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 JƲSTICES 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 **2 Stamf. l. 2. c. 63. 1. H. 7. f. 23.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 ccCooks 4 Inſtit. c. 6.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 **Stamf. l. 2. c. 60.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 LibertyddCooks 3 Th…. p. 27. Stamf. Pleas of the Crown l. 3. c. 7. 32 H. 6. f. 26. 14 H. 7. f. 19. Brook chal86, 211, 217. 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 **Page 32 to 9. 42 to 49, 38, 59, 63, 68, 59.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.

eeRor. Pat. An. 9. Iohan. Reg. m. 4. n. 46.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 kkHoveden, 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. & othersHiſtorians, 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; llTypographia Hybernia, c. 20, 22, 24.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 ƲIRIS 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, mmHybernia Expugnata, l. 2. c. 25. P. 808.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. nnHybernia Expug. c. 97.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 ooHiſt. Ang. Edit. Lond. 1640. P. 126.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 ppHybern. Expug. l. 1. c. 34.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, qqMat. Paris H…ſt. A…gl. p. 230. H…n. de K…yghton de Event. Angl. l. 2. c. 15. col. 2420.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 fec runt: Fecit quoque R… ibidem conſtruere Leges et Conſuetudines Anglicanas, ponens Vicecomites et alios Miniſtros qui populum Regni illius juxta Leges Anglicanas judicarent, (…o …; rrSir Iohn Davis his Iriſh Reports, p. 37, 38.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 ſſStamfords 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.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 ttSee Sir Walter Rawlegh his Preface to the Hiſtory of the World, D. Beards Theatre of Gods Iudgements on the 6th. Commandement.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 Propher 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 uuSee Lyra, Toſtatus, Lavater, Polanus, Maldonat, Cornelius a Lapide Junius, and otherson theſe Texts.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 xxA Declaration of the Armies engagements, &c. p. 36, 37. 112, 114.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 **See here p. 19. Crooks 1. Rep. m. 14 Car. p. 511, 512.only in England, till 29 E. 3. as is evident by this memorable hitherto unprinted Record made for relief in ſuch Caſes.

**Clauſ 39 E. 3. m. 12. De erroribus corrigendis in Parliamentis tenendis in Hibernia.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 **See Pat. 8. Johan. Regis, m. 1, 2. Pat. 9. Iohan. Reg. m. 4. n. 26.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 terraNota. 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 **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.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 **A new Diſcovery of the Prelates tyranny, p. 5… 37. 122, 147.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.