case case OF kennet lord Duffus in the house OF lord when the legislature put  term upon a offender no inferior court can hold any other term to be a  equivalent by the stat Geo c it be enact that whereas George earl of marischal  Kennet Lord Duffus and several other to the number of do on or before the that  of November in a traitorous manner levy war c and be flee to avoid prosecution  c if they render not themselves to one of his majesty justice of the peace on  or before the last day of June every of they not render himself as aforesaid  shall from the say that day of November stand and be adjudge attaint of high  treason c comens Lord Duffus on the that of may write to sir Cyril Wyche  desire to throw himself at his majesty foot and to make a visit to he sir  Cyril for that purpose and do so at hamburg where sir Cyril be then resident  as a public minister for the king on the d of June he set out for England by  ship from and come to hamburg where on the that day of June he be seize and  take into custody about oh clock in the evening and be afterward send into  England and commit to the tower but pardon by king George upon this case Lord  Duffus petition the king who refer it to the house of lord that his peerage  may be allow and it be insist by his counsel at the bar of the house of lord  that Kennet Lord Duffus his father be not attaint by this Act of parliament  since he be mind to render himself and come into England for that purpose be  prevent by the king minister abroad who seize and detain he at hamburg whence  he be ready to set sail for England in order to render himself there to a  justice of the peace accord to the direction of the Act of parliament that he  have a intention to render himself accord to the Act appear by his application  to the king minister for that purpose on the that of may and accord he set out  on the d of June in order to come to England and have comens er p arrive as  far as hamburg on his journey when he be seize by the king minister there  which be the same as if he have be take into custody by the king himself  whereby his render be prevent and make impossible by the act of the crown of  which no advantage ought to be take and by law it be urge it be a sufficient  performance of a condition if it be perform in substance although every  circumstance be not pursue and in this case although he can not render himself  to a justice of the peace yet he have render himself to one of the king  minister and be afterward comens send over and may have be try which be all  the design and end of the Act of parliament and consequent the substance of  the condition require by the Act of parliament have be comply with it be  sufficient to prevent the attainder from take effect suppose he have render  himself to one late put out of the commission of the peace of which he have  receive no notice will not the act have be sufficient comply with and many  other case may be put where it will be extreme bare that the party shall not  be excuse since it will be equivalent to a literal performance of the  condition second it be say that in all case where the condition become  impossible to be perform by the act of God or of the law or by the act of the  king or of the person on who behalf the condition be make the condition be  dispense with and need not be perform and therefore in this case when the Lord  Duffus be take into custody by the king minister which be the act of the king  it be impossible for he to come into England and render himself to a justice  of the peace and it be object that his intention to render himself be not very  evident since his application by letter to sir Cyril Wyche at hamburg be the  that of may but he take not ship till the d of June and be no further than  hamburg on the that of June whence it be from the evening of that day  impossible to come into England time enough to render himself to a justice of  the peace on the last of June which be the next day a witness be produce who  say it be possible to come from hamburg to England in the time since it be but  league and with a good wind a person may sail league in a hour but take it for  grant that the Lord Duffus mean to render himself and may come from hamburg to  England time enough yet there be a positive Act of parliament which make every  person attaint that do not render himself to a justice of the peace by such a  day it must be strict comply with and the nonperformance can not be dispense  with by any inferior judge or court or by any authority but that which comens  make the Act of parliament and this matter of law be refer to the opinion of  the judge present who be the chief justice Eyre and myself and we be of  opinion that this be not a compliance with the ac of parliament nor can any  inferior court if the Lord Duffus have be arraign before they construe it so  to be for all he can say for himself have be that he have surrender himself  accord to the Act which fact if it have come to be try must have be determine  by a jury who upon this evidence can not just say that be do render himself to  a justice of the peace as the Act direct or if they have find the matter  special the court can not adjudge it to be a render accord to the intent of  the Act for the legislature may put upon a offender what term it please nor  can a inferior court hold any other term to be equivalent to they that must be  the act of the legislature itself and I mention the case m h which be this sir  Thomas brook come to the parliament h one John savage fall upon Richard  chedder his servant who be attend he and have grievous wound he he flee upon  which de advisamento nobles ad requisitionem partnership ordinatus to be mark  in speech parliament that proclamation shall be make at the place where the  fact be do and if John savage do not render himself to the justice of the king  bench within a quarter of a year after he shall be convict of the offence and  pay double damage to the party proclamation be make in easter term h and he  not render himself within the time a capias be award against savage returnable  m h and he not appear chedder sue for the double damage and savage in bar say  that he have render himself to the king at pomfret within the time in the  presence of comens er p the bishop of Ely then Lord chancellor and the king  commit he to the custody of the duke of Lancaster Lord steward whereby be can  not render himself comens to the justice of the king bench but the court say  that the order of parliament can not be vary by any inferior court therefore  his surrender of himself to the king since he do not render himself to the  justice as the proclamation require be of no avail Talbot Lord chancellor and  Lord Hardwicke approve the opinion and the lord reject the petition