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The accused were to be tried under a three-hundred-year-old Act. The Treason Act of 1351 had come into being during the reign of Edward III, its purpose to define and limit the number of offences classed as treason. It sill exists today. The
It is difficult to picture the rich, hard-nosed advisors of James I being overly concerned about the rights of vagabonds and felons. But this was a period that was especially suspicious of arbitrary acts by the Crown against individuals. There was no law enabling the crown to exile anyone, including the baser convict, into forced labour. According to legal scholars, the Magna Carta itself protected even them. The Privy Councillors therefore dressed up what was to befall the convicts and presented the decree authorising their transportation as an act of royal mercy. The convicts were to be reprieved from death in exchange for accepting transportation. (71-71)
Twenty-eight men were on trial. If found guilty, they faced death by the grisly form of torture known as hanging, drawing and quartering. The most important of these were twenty-four who had sat as judges at the king's trial. Most of them had played other key roles in bringing the king to trial.
