OBSERVATIONS ON A LIBEL. 463 



by the conspiracy of Sommervile, Parry, Savage, 

 the six, and others ; nay, they have defended it &quot; in 

 &quot; thesi,&quot; to be a lawful act. 



Page 43, he saith, That his lordship, whom he 

 calleth the arch-politic, hath fraudulently provided, 

 that when any priest is arraigned, the indictment is 

 enforced with many odious matters : wherein he 

 sheweth great ignorance, if it be not malice ; for 

 the law permitteth not the ancient forms of indict 

 ments to be altered ; like as, in an action of trespass, 

 although a man take away another s goods in the 

 peaceablest manner in the world, yet the writ hath 

 t( quare vi et armis ;&quot; and if a man enter upon 

 another s ground and do no more, the plaintiff 

 mentioneth &quot; quod herbam suam, ibidem crescentem, 

 &quot; cum equis, bobus, porcis, et bidentibus, depastus 

 &quot; sit, conculcavit et consumpsit.&quot; Neither is this any 

 absurdity, for in the practice of all law the formu 

 laries have been few and certain ; and not varied 

 according to every particular case. And in indict 

 ments also of treason, it is not so far fetched as in 

 that of trespass ; for the law ever presumeth in 

 treason an intention of subverting the state, and im 

 peaching the majesty royal. 



Page 45, and in other places, speaking of the 

 persecuting of the catholics, he still mentioneth 

 bowellings and consuming men s entrails by fire ; as 

 if this were a torture newly devised : wherein he 

 doth cautelously and maliciously suppress, that the 

 law and -custom of this land from all antiquity hath 

 ordained that punishment in case of treason, and 



