IF the subvertion of the fundamentalls of Faith be Heresie, why not as well the sub­version of the fundamentall Lawes, Trea­son? Shall it be Treason to destroy the Kings Minister? and shall that be none that destroyes his protector? For the Law protects the King, as well as the King the Lawes: and if Lawes did not subsiduate Princes, Kingdoms would totter as foundationlesse: nay they are indeed, the very subsistance of Kings.

Let it be supposed, though not granted, that no one perticular make it Treason, may not many and successive Acts amount it to that height? One graine of poyson is not mortall, but many together are. Exportati­on of Sheepe for once is but a Trespasse, but acted a second time is Felony by Statute. Re­fusall of the Oath of Supremacy is at first not capitall; but refus'd againe, by statute is made Treason. And to my weake understan­ding, my Lords, this clearely shewes the mind of the Law: one ill act of waving the Law, may be but out of rashnesse, out of Ignorance; but a perpetuated practice, shewes a prepen­sed [Page 2]malice, and murther thus acted by the 10. H. 7. in Ireland, is Treason.

Be it there be no statute or Common-Law in expresse to make it so, yet necessary infe­rences, if they bee not certainetyes, are next them; and if the deputed Iudge or Gover­nour hath power in the businesse of the Sub­ject, to make the sway arbitrary, where Law is possitive, I know not but hee may doe the same in the businesse of the Soveraigne; so it may come to pull the Soveraignety from the Prince, and place it on his substitute, and whether this be Treason or no, I leave to your Lordships consideration.

'Tis true, de non apparentibus, & non existen­tibus, eadem est Ratio, But my Lords, to make this Treason, is not unapparant: a partiall eye will not finde it, but he that lookes, Intuitu ferio, may see even the Triple Gerion of Trea­son in it, for it cannot be but there is Laesa Respub. Lex Maiestas, the Common-wealth is oppressed, the Lawes are supprest, the Prince is scandal'd in act, and subjected by conse­quence to his Denious determinations: and therefore I shall without admiration tell you where this fire hath layen those hundred of yeares he speaketh of, even (my Lords) in the honester behaviour of other Ministers of [Page 3]State, who have not beene injurious against the Lawes, and there still had it beene buried, if his owne nefarious actions had not un-em­bred it, and fuel'd it anew.

Nor can your Sentence be before promul­gation, since even your renowned Progeni­tors have already declared it Treason; though not by a perticular Statute in tearmes: yet by a demonstrative practice, which if his Lord­ship would not have beene willingly blind, had beene Buoy enough to keepe him from that Anchor of us all, which now must either hurt it selfe, or else split him, the Parliament whose Courses left upon Record cannot be taken for under water workes, so that a very easie honesty and common morallity (with­out Revelation) might have serv'd as the red Crosse and the Bill, to have warn'd him from this plague of Legicide.

I shall begge as hard as his Lordship, that you have regard to your selves, for if upon him (by whose authority, Peeres shall bee sentenc'd to be shot, Nobles, curb'd & coop'd up, Lawes subverted, Freehold disposed of out of the Courts, Grants under the Royall Seale extrajudicially disanul'd, and what may be profit of, Monopoliz'd) you set not some everlasting Character, to deter the like front­lesse [Page 4]attempts; I know not but the next com­mer, may subjugate your dearest freedomes, and as remedilesse you may then complaine, as those who now doe suffer, and have not yet found a redresse.

My Lords under favour, your providence may be short, if it reach but to burning of Bookes: a fire of dead leaves will bee too weake a fuell for a warning Beacon: A living Authour made exemplary will afford a Taller flame, and if there were no other Law, that of Retaliation could not but be just; an Ar­bitrary sentence, were but plowing with his owne Heyfer; Who striving to seclude the Lawes, would inferre a kinde of legall Tyran­ny, from a breast that is a Libertine. And therefore your Lordships I perswade my selfe, will thinke it mightily fit, to cast this Ionas overboard, who hath occasioned all these stormes, indangered all the sacred ship of Go­vernment, and by flying the plaine speaking Law, has dar'd by his Imperious Vote, to out­goe even all the bold attempts of Ancestry.

It is some comfort to us, that in 240. years, we have had no use of these venerable (though by him reviled for musty) Records. The Common-wealth has had the fewer enemies. And if they worke now but a merited opera­tion, [Page 5]I hope it may be 500. yeares ere any of so bold a brow, shall desperatly againe adven­ture to awake them.

And if his Lordship be not made a president for punishment: I know not but hee may prove a President for example, to animate others of a Vafrous and presuming braine, to take up the same way from a pleasurable bo­some, to doome both Nobles, and the Com­mons, into a State of deepe calamity. And so your Lordships lenity to him, may by indulgence wound a future multitude. His many crimes which you have heard fully pro­ved, will immortallize your Peerage for a no­ble Iustice. The learned Orator has antiently told us, that Non potest cuiquam male de Rupub. merenti, iusta esse causa. And though it be se­vere, it cannot be unrighteous, for Hoc spe­ctant Leges, Hoc volunt; incolumem esse Civium Coniunctionem, quam qui dirimunt, eos morte, exilio, vinculis, damno, coercent.

Thus every man will know what channell to steere in, what rocks to avoyd, what he is not to doe, what he is not to say for feare of mee­ting such paines.

Thus men of honest wisdome, will be cau­tious of keeping in the plaine rode of the Law, and never hazard (by crossing through [Page 6]untroden Thickets) either Honour, Issue, or fortune, to a losse. What his Majestie may graciously intend to the pledge of his Sainct, will rest in his most Royall heart: Though I hope the want of a Midwife did not make her one,, nor his marriage within a moneth after her decease did ere make him account her so.

And now (my Lords) wee shall humbly expect your Honorable Iudgements, besee­ching you will bee nobly pleased to defend those Lawes which have ever defended you, to have respect to your owne future liberty, and the safety of these flourishing Kingdomes: Then what ever your sentence be,