had committed High Treason in Ireland, that he, by the Stat, of 33 Hen. VIII. c. 23. might be indicted, arraigned, and tried, for the same, in England, according to the purview of the Statute.” 7 Co. 448.
But this doctrine, notwithstanding the great authority with which it is here delivered, is obnoxious to a fundamental Right of the Subject, “Trial by a Jury of the VICINAGE," or of “Neighbours to the Fact,” which is due to every private person in the British Dominions, according to the ancient Laws and Customs of this realm; otherwise the government would cease to be limited, and thereby would cease to be lawful! So that, if Sir Edward Coke had been as much upon his guard, when he quoted this "Resolution of all the judges,” as he was when he made his remarks on that wicked Act of Parliament, in the reign of K. Hen. VII. by which also the fundamental
