thought her the more fecure by marriage. If it be urg'd that both the other Ladies protected by this Law are wives, which leffens the force of my laft argument; I defire it may be confider'd that all the care of those, is only upon account of their husbands, viz. the King, and Prince of WALES, in whom the publick is fo much concern'd; but not at all for them, before they become thofe Princes wives: Whereas one fo near the Crown as a King's eldest daughter, is in her own person of too great confequence, not to be guarded by this Law 'till fhe has a husband, who is then fuppos'd capable of defending her himself against all fuch violent attempts.

IT may be objected, that if a rape only was meant, there was no need of this Law against it; because that crime committed against the meaneft perfon was already punifhable with death: but in this cafe the death is made more fevere, and alfo the blood attainted.

10. As to the following Article, my Lord COKE has another odd opinion; That, altho it comes within this ftatute, to affift the King's enemies; it does not reach those who afsist rebels; because (he fays) rebels cannot pro

perly

perly be call'd enemies, but rather traitors. Accordingly he makes a great difference between the crimes of confpiring with a foreign Prince (which he accounts Treason) and of conspiring at home with other fubjects to levy war (which he fays is none, unless the war be actually made) which feems as if he allow'd a people, in some extraordinary cafes, to project a remedy among themfelves, but never to confide in, or join with, any stranger about it.

II. THE next Article is about counterfeiting the Great Seal, and Privy Seal; where both the Privy-Signet, and Sign Manual are left out, but added (I think unwisely) in a later ftatute.

12. CLIPPING, wafhing, and filing money for lucre fake, are alfo added fince to the Treasons in this Act about money. But, tho' both these additions only supply what appears to be rather forgotten than left out of this ftatute; yet I wonder at those Parliaments that thought fuch inconfiderable things worth their breaking a gap for an addition of Treafons, after their wife ancestors had by this Law made fuch a fence against them, by taking away all those at the common Law: 13. BUT

13. BUT the most confiderable part of all this ftatute is the word (provably) a most fignificant one; and yet in our printed Statute-books 'tis changed into the word (probably) one most dangerous, and unintelligible, and worthy of a publick amendment in Parliament: For tho' 'tis rectify'd in the margin of KEBLE's collection; fuch a wrong word foifted in, is a little fufpicious, and would hardly be continu'd fo long there by chance. Perhaps it has been thought there is more need of difcouraging all fuch attempts, than of setting bounds to the Judges, or Jury; but 'tis plain that King EDWARD the third was not of that mind.

14. THE next thing is the clause which makes it Treafon to kill the Chancellor, Treasurer, or any Justice in doing his office; by which their perfons are not otherwise protected than in the execution of their employments: And the reason why a King's perfon is made by this Law so very facred at all times, is because he is always executing his great office either by himself or his deputies; all acts of juftice running ftill in his name, who is ever fuppos'd to intend that right should be done even against himself or favourites; and therefore any failure of

it

it in those deputies is punishable, notwithstanding any direction they may have from him to excuse it.

IS. THERE are three other Treafons mentioned after this; of a wife's killing her husband; a fervant his mafter servant his master; or a clergy

man his prelate on which I will only obferve, that a worfe than all thefe is omitted; in imitation I fuppofe of old Rome; which made no Law against Parricides, because they thought human villainy incapable of arriving at fo great a height. But our ancestors might have confider'd, that two thousand years are a great while for mischief to grow in, especially in these hot Climates of Zeal and Enthusiasm.

16. Now comes the most important clause in this Act to be confider'd, which is in these words. "And because that many other "like cafes of Treafon may happen in time to come, which a man cannot think nor declare at this prefent time, it is accorded, "That if any other cafe, fuppofed Treafon, "which is not above fpecify'd, doth happen "before any Juftices; the Juftices fhall tarry "without any going to judgment of the "Treafon, 'till the cause be shew'd and de

VOL. II.

K

"clar'd

"clar'd before the King and his Parliament, " whether it ought to be judg'd Treafon or "Felony."

THERE has been fo great a difference in opinion about the true interpretation of this clause, that I hope it is a little excufable, if (in a matter allow'd by all to be obfcure enough) a man so ignorant of the Laws as I am, fhould happen to be as much in the wrong as many others.

BUT, to begin with the several interpretations of this claufe: Some will have it understood, that it gives a right to the judicial power of the House of Lords, to judge any other facts Treafon which they fhall think of fuch ill confequence to the publick, as to deserve that name, and the punishment belonging to it. For, they fay by the word (Parliament) in matters of judicatory, is always meant the Houfe of Lords only; because the other House has nothing to do with things of that nature, unless to accuse and bring offenders before the Lords to be tried. And as to the King's being mention'd in the claufe; they pretend that 'tis only according to the form in all courts of judicature, where the King is always fuppofed to be

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