MY Lords, there yet remaines another Treason, that I should be guiltie of; the indeaovuring to subvert the fundamen­tall Lawes of the Land, that they should now bee Treason, together, that is not Treason in any one part of Treason Intention of Treason, is Treason (not so in felonie) when it is proved, though by facts which in themselves are no treason. accumulative, that so when all will not doe, it is woven up with others, it should seeme very strange.

Vnder favour, my Lords, I doe not conceive that there is either Sta­ture-Law, nor Common-law, that doth declare the endeavouring to subvert the fundamentall Lawes to be high Treason One excepted which is a law against such as break the fun­damentall law of the king­dome besides 25: Ed. 3 which leaves it in the breast of a Parliament to judge such things treason which are so in their owne natures, though not expressed..

For neither statute-Law, nor Com­mon-Law written In things wherin men should be a law unto themselves; If they sin without the law, they perish without the law., that ever I could heare of, declareth it so.

And yet I have beene diligent to enquire Had you not bin worse then a heathen, you might have found at within you written in the cōmon law of nature., (as I beleeve you thinke it doth concerne me to doe.

It is hard to bee questio­ned for life and honour, up­on a Law that cannot be showne If it were so, it is but lex taeionis, and it is well that by altering the Scene, your judgement is so rightly informed, which never thought that burden hard you laid upon others..

There is a rule which I have learned from Sir Ed­ward Cooke, De non apparen. tibus & non existentibus ea­dem ratio, (Iesu) where hath this fire laine all this while, so many hundreds of yeares without any smoake to disco­ver it, till it thus burst forth to consume me, and my chil­dren And longer might have laine, had not such a fire-brand as you, given too just cause to teend it; Who as you have made women childlesse, so in justice will God make your mo­ther childlesse, and your children fa­therlesse.: extreame hard in my opinion, that punishment should preceede promulgati­on, of a Law punished by a Law subsequent to the Acts done? Paricide hath been thought too no­torious and unnaturall a crime to have a law made against it, and yet judged a crime when committed. Some offences are so heinous, that they condemne themselves, and need no law to judge them, much lesse to be proclaimed against them, whereof this is one, a worse then paricide.

Take it into your considerations, for certainly it is now better to bee under no law at all but the will of men, Hoc op [...], hic laborest. then to conforme our selves under the protection of a law as wee thinke, and then bee punished for a [Page 3]crime that doth preceede that law, what man can bee safe, if that bee once admit­ted Nay, rather what Common-wealth can bee safe if this bee not admitted, in such cases as either cannot be fore­seeme, or which Nature abhorrer to imagine..

My Lords, it is hard in another re­spect, that there should bee no token set upon this offence, by which wee should know it, no admonition by which we should be aware of it It is strange that hee that carries the face of a man should need an admonition, not to betray his countrey..

If a man passe downe the Thames in a Boat, and it be split upon an An­chor, and a boye, being set as a to­ken that there is an anchor there, that partie that owes the anchor, by the Ma­ritine Lawes, shall give satisfaction for the dammage done; but if it were marked out, I must come upon my owne perill One would thinke there need no Law to forbid a man to fire the house he dwels in, or to sinke the ship he failes in, and in cale hee attempt this, though no Maritine law forbid it, no doubt, it is just to throw him over-board to save the rest, and let him pe­rish alone..

Now where is the marke upon this cryme, where is the token that this is high Treason The Parliament is as well a court of equitie as of Law (as by a speciall clause of re­servation in the 25. Ed 3. in the very case of Treason does appeare) and so in equitie may supply the litterall defects of the Law (in case it were defective) as the Chancerie does the Kings bench; and if so, it must needs be just, That he that would not destroy three Kingdomes, for no other reason, but only because there is a Law that makes it Treason, should in equitie suffer as a traitour for taking the libertie to doe it, be­cause there is no law, or because he knowes of none against it..

If it bee under water, and not above water, no humane providence can a­vaile, nor prevent my destruction There is great hope so, be­cause a divine one hath de­creed it. Job 34.29.30..

Lay aside all humane Wisdome, and let [Page 4]us rest upon divine Revelation, if you will condemne before you forewarne of the danger He that kills a King, in hu­mane wis­dome with­out Revelati­on, may well think he shall dye for it, though no Law should threaten it, & much more if he destroy the Common-wealth which cannot perish, and the King be preserved..

Oh my Lords, may your Lordships bee pleased to give that regard unto the Peere-age of England, as never to suffer our selves to be put on those nice points, upon such constructive interpretations, and these are where Lawes are not cleere or knowne, if there must be a Tryall of wits, I doe most humbly beseech you, the subject and matter may be in somewhat else, then the lives and Ho­nours of Peeres Or the Be­ings and Wel-beings of whole king­domes..

My Lords, wee find that in the primitive times, in the progression of the plaine Doctrine of the Apostles; they brought the Bookes of cu­rious Arts, and burned them. And so likewise as I doe conceive, it will be wisedome and provi­dence in your Lordshippes, for your posterity, and the whole Kingdome, That means to tread in your steps. to cast from you into the fire these bloudy and most mysterious Vo­lumes of constructive and Arbitrary Treasons If there were no ex­presse Law to make it trea­son, yet it is equall that he that seekes to bring this Kingdome under an ar­bitrarie go­vernment, should receive an arbitrary punishment., and to betake your selves to the plaine Letter of the Law and Statute, that telleth us where the cryme is But yet so, as that there is left a place for you and your offence by a wise foresight in the reservation of 25: Ed. 3.; And by telling what is, and what is not, shewes how to avoid it He that having power in his hands so far endevours the ruining of the Cōmon-wealth, as he thinks may stand with his owne safety, it is just to judge him a Trai­tour to his countrey, though true to himselfe.. And let us not bee am­bitious, to bee more wise and learned in the kil­ling Arts, then our fore-fathers were It is but equall that he should have judgement without mercy, that shewed no mercy..

It is now full 200. and 40. yeares, since ever any man was touched for this alleaged cryme (to this beights) before my selfe, we have lived happily to our selves at home, and we have lived gloriously to the World abroad Never since your time of promotion, though it is hoped, when you are gone we shall do so againe..

Let us rest contented with that which our Fa­thers left us, and not awake those flee­cy Lyons to our owne destructions So let all the enemies of God and their country perish.; by raking up a few musty records that have layen so many ages by the walls, quite forgotten and negle­cted Ill maners being forth good lawes. Which it seemes were made in a good time, and kept to a good heare to rid us of so rotten a member that many ages cannot paralell..

May your Lordships be Nobly pleased, to adde this to those other misfortunes befallen mee for my sinnes, not for my Treasons; that a president should not bee derived from me of that disadvantage (as this will be in the consequent to the whole Kingdome) I be­seech you seriously to consider it, and let not my par­ticular case bee so looked on as you doe; though you wound me in my interest in the Common-wealth, and therefore those Gentlemen say, that they speake for the Common-wealth, yet in this particular I indeed speake for it, and the inconveniences and mischiefes that will heavily fall upon us It is pitty but you should die whilst you are in so good a mind, now you are againe turned Common-wealths-man, which you were once before, lest you alter as you have done.; for as it is in the 1. of Henry the fourth, no man will after know what to doe, or say, for feare And to that passe we were come againe of late by your meanes, till God set us free..

Doe not put (my Lords) so great dif­ficulties upon the Ministers of state, that men of wisedome, honour, and ver­tue Had you had the last, it would have preserved the two first, but your want of honesty hath made your wis­dome foolishnesse, and your honour ignominie., may not with cheerefulnesse and [Page 6]safety, be imploye a for the publike You meane against it., if [...] you weigh and measure them by graine [...] and scruples Your pressures have indeed beene heavier, then to deserve to bee weighed with so light weights., the publike affaires by [...] the Kingdome will bee laid waste, and [...] no man will meddle with them, tha [...] [...] hath honours, issues, or any fortunes to lose Before you wished you might not bee made a presi­dent, but wee cannot have a better, it will but produce this effect, that men of your mischievous minde will for your sake refuse preferment, and imployment [...].

My Lords, I have now troubled you, longe [...] then I should have done, were it not for the interest of those deare pledges, a Saint in heaven hat [...] left me; I should be loath my Lords, (there he stopped.)

What I forfeit for my selfe it is nothing, b [...] that my indiscretion should forfeit for my child [...] it even woundeth me deepe to the very soule.

You will pardon my infirmity, something [...] should have said, but I am not able, (and sighed▪ therefore let it passe.

And now my Lords, I have bin by the blessi [...] of Almighty God taught, that the afflictions [...] this life present, are not to bee compared to [...] eternall weight of glory that shall be revealed [...] us hereafter.

And so, my Lords, even so with tranquility o [...] mind, I doe submit my selfe freely and cleare [...] to your Lordships judgements; and whether tha [...] righteous judgement shalbe to life or death.

Te Deum Laudamus, te Dominum Confitemur.