By W. W. Ravenhill, Esq. 



259 



21. Ask the prosecutor, whether he came voluntarily to prosecute against us, 

 and if he did not, but was forced, then desire the jury to judge whether they 

 that are come hither from London purposely, have not an intention to take away 

 our lives. 



22„ Tf they indict us as traitors by any act of the long parliament, it will be 

 for treason against the king, or against the commonwealth, and keepers of the 

 liberty ; we have done nothing against either of them, and let them prove it. 



23. If they ground the indictment on any act or ordinance since the long 

 parliament was dissolved, which was April 20th, 1653, deny it to be an act ; for 

 the two last parliaments made no acts at all concerning treason, and there can be 

 no treason by an ordinance.* Therefore leave it upon the conscience of the jury 

 whether there be any laws to guide them in their verdict, besides common law 

 and acts of parliament. 



24. Tell the jury, that if the king had formerly with his council made a pro- 

 clamation, order, or ordinance, declaring something to be treason, which neither 

 the common law nor any act of parliament had so declared, that no jury hereupon 

 durst have found any man guilty. 



25. Alledge the case of Chief Just. Tressilian sir Robert Belknappy, and other 

 judges in 11. Richard 2, who gave their opinions, that other facts were treason 

 than what had been declared by authority of parliament, and did it to please the 

 then present governor, were attainted of treason for their opinions and by the 

 parliament following 11. Rich, were made examples for their treason. And in 

 the 21 Rich. II. the judges giving the like opinion, had no other excuse to avoid 

 the attainder of treason in parliament 1 Hen. IV., than that they durst say no 

 otherwise for fear of death ; but it was hereupon enacted, that no justice or other 

 person whatever shall from thenceforth be admitted to say, that they durst not 

 for fear of death speak the truth; so that no force nor fear can exouse any person, 

 if he shall now declare any fact to be treason, which cannot be warranted by 

 authority of parliament. Therefore leave it upon the conscience of the jury, 

 whether they do believe we are indicted for any breach of any common law, or 

 act of parliament ; and if for neither, whether they can in conscience take our 

 blood upon their heads. f 



264 If the judge pretend, that we alledge not matter of law sufficient for 

 assignment of council then urge, that the ordinance, whereupon the indictment 

 is grounded, is not pursued ; that at the time of the indictment there were not 

 two lawful accusers or witnesses to the grand jury, which ought to be by the 



* This is so; it must be by a statute duly passed. 



+ The Government by framing the Iudictment on the Statute of Edward III. avoided the objections 

 raised by pleas 22—25 inclusive. This case of Tressilian and his fellows is given in How. St. Trials, 

 vol. i., p. 90. The story of his being recognized, though in disguise, whilst looking out of a window 

 at Westminster, prior to his capture, reminds us of that of Jefferys, who certainly was not an 

 innocent victim of circumstances, whatever Tressilian may have been. Certainly the latter would 

 have agreed with the author of " Jacobite Principles vindicated," when he said " Would you have 

 trials secured? It is the interest of all parties care should be taken about them, or all parties will 

 suffer in their turn."— 10 Somers Tracts, 526. 



t No doubt there were plenty of witnesses to satisfy the Statute of Edward VI., which requires 

 two, see plea 29; the other matter mentioned in this plea was of no moment in flu 1 .case of the* 

 principal prisoners at any rate. 



VOL. XIII. NO. XXXIX. 



u 



