If the subversion of the fundamentals of Faith be Heresie , why not as well the subversion of the fundamental Laws , 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 , aswell as the King the Lawes : and if Lawes did not subsidiate Princes , Kingdoms would totter as foundationlesse : nay they are indeed , the very subsistence of Kings .

Let it be supposed , though not granted , that no one particular 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 cleerly 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 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 be not certainties , are next them ; and if the deputed Judge or Governour hath power in the businesse of the Subject , to make the sway arbitrary , where Law is positive , I know not but hee may doe the same in the businesse of the soveraigne ; so it may come to pull the Soveraignty from the Prince , and place it on his substitute , and whether this be Treason or no , I leave to your Lordships consideration .

'T is true , de non apparentibus , & non existentibus , eadem est Ratio , But my Lords , to make this Treason , is not unapparent : a partiall eye will not find it , but he that lookes , Intuitu serio , 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 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 a new .

Nor can your Sentence be before promulgation , since even your renowned Progenitors have already declared it Treason ; though not by a particular Statute in termes : 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 beg as hard as his Lordship , that you have regard to your selves , for if upon him ( by whose authority , Peeres shall be sentenc'd to be shot , Noble cutb'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 srontlesse 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 be too weake a fuell for a warning Beacon : A living Author 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 kind of legall Tyranny , from a brest that is a Libertine . And therefore your Lordships , I perswade my selfe , will thinke it mightily fit , to cast this Ionas over board , who has 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 attemps 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 , I hope it may be 500 yeares ere any of so bold a brow , shall desperatly againe adventure to awaken 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 deep 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 Justice . The learned Orator has antiently told us , that Non potest cuiquam male de Repub . merenti , justa esse causa . And though it be severe , it cannot be unrighteous , for Hoe spectant Leges , Hoe volunt ; in columem esse Civium Conjunctionem , quam qui dirimunt , eos morte , exilio , vinculis , damno , coercent .

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

Thus men of honest wisedome , will be cautious of keeping in the plaine rode of the Law , and never hazard ( by crossing through untroden Thickets ) either Honour , Issue , or fortune , to a losse . What his Maiestie 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 , now his marryage within a moneth after her decease did ere make him account her so .

And now ( my Lords ) wee shall humbly expect your Honorable Judgements , beseeching you will be 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 ,