beth, shall come into, or remain in any part of he was of good memory at the time of his exathis realm, it is treason. mination and confession, the court may proceed to judgment without calling or arraigning the party. Where any person being brought up in a college of Jesuits, or seminary, shall not return within six months after proclamation made, and within two days after his return submit himself to take the oath of supremacy, if otherwise he do return, or be within the realm, it is treason. Where a man doth affirm or maintain any authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof, such offence, the third time committed, is treason. Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocese, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person; such offence the second time is treason. Where a man committed for treason doth voluntarily break prison, it is treason. Where a jailor doth voluntarily permit a man committed for treason to escape, it is treason. Where a man procureth or consenteth to a treason, it is treason. In treason, the death of the party before conviction dischargeth all proceeding and forfeitures. In treason, if the party be once acquitted, he shall not be brought in question again for the same fact. In treason, no new case, not expressed in the statute of 25 Ed. III., nor made treason by any special statute since, ought to be judged treason, without consulting with the parliament. In treason, there can be no prosecution but at the king's suit, and the king's pardon dischargeth. In treason, the king cannot grant over to any subject power and authority to pardon it. In treason, a trial of a peer of the kingdom is to be by special commission before the lord high steward, and those that pass upon him to be none but peers: and the proceeding is with great solemnity, the lord steward sitting under a cloth of estate with a white rod of justice in his hand : and the peers may confer together, but are not any Where a man relieveth or comforteth a traitor, ways shut up: and are demanded by the lord knowing it, it is treason. steward their voices one by one, and the plurality of voices carrieth it. In treason, it hath been an The punishment, trial, and proceedings, in cases of ancient use and favour from the kings of this treason. In treason, the corporal punishment is by drawing on a hurdle from the place of the prison to the place of execution, and by hanging and being cut down alive, bowelling, and quartering: and in women by burning. In treason there ensueth a corruption of blood in the line ascending and descending. In treason, lands and goods are forfeited, and inheritances, as well entailed as fee simple, and the profits of estates for life. In treason, the escheats go to the king, and not to the lord of the fee. In treason, the lands forfeited shall be in the king's actual possession without office. In treason there be no accessaries, but all are principals. In treason, no benefit of clergy, or sanctuary, or peremptory challenge. In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict. In treason, bail is not permitted. realm to pardon the execution of hanging, drawing, and quartering; and to make warrant for their beheading. The proceeding in case of treason with a common subject is in the king's bench, or by commission of Oyer and Terminer. MISPRISION OF TREASON. Cases of misprision of treason. Where a man concealeth high treason only, without any comforting or abetting, it is n ispri sion of treason. Where a man counterfeiteth any foreign coin of gold or silver not current in the realm, it is misprision of treason. The punishment, trial, and proceeding, in cases of misprision of treason. The punishment of misprision of treason is by perpetual imprisonment, loss of the issues of their lands during life, and loss of goods and chattels. The proceeding and trial is, as in cases of In treason, no counsel is to be allowed to the treason. party. In treason, no witness shall be received upon oath for the party's justification. In treason, if the fact be committed beyond the seas, yet it may be tried in any country where the king will award his commission. In treason, if the party be "non sanæ memoriæ," yet if he had formerly confessed it before the king's counsel, and that it be certified that In misprision of treason, bail is not admitted. PETIT TREASON. Cases of petit treason. Where the servant killeth the master, it is petit treason. Where the wife killeth her husband, it is petit treason. Where a spiritual man killeth his prelate, to whom he is subordinate, and oweth faith and obedience, it is petit treason. Where the son killeth the father or mother, it hath been questioned whether it be petit treason, and the late experience and opinion seemeth to weigh to the contrary, though against law and reason, in my judgment. been once before convicted of the like offence, it is felony. Where a man useth the craft of multiplication of gold or silver, it is felony. Where a man committeth rape, it is felony. Where a man taketh away a woman against her will, not claiming her as his ward or bondwoman, it is felony. Where any person marrieth again, her or his The punishment, trial, and proceeding in cases of former husband or wife being alive, it is felony. petit treason. In petit treason, the corporal punishment is by drawing on a hurdle, and hanging, and in a woman, burning. In petit treason, the forfeiture is the same with the case of felony. In petit treason, all accessaries are but in case of felony. FELONY. Cases of felony. Where a man committeth murder, that is, homicide of prepensed malice, it is felony. Where a man committeth manslaughter, that is, homicide of sudden heat, and not of malice prepensed, it is felony. Where a man committeth burglary, that is, breaking of a house with an intent to commit felony, it is felony. Where a man rideth armed, with a felonious intent, it is felony. Where a man committeth buggery with man or beast, it is felony. Where any persons above the number of twelve, shall assemble themselves with intent to put down enclosures, or bring down the prices of victuals, &c., and do not depart after proclamation, it is felony. Where man shall use any words to encourage or draw any people together, "ut supra," and they do assemble accordingly, and do not depart after proclamation, it is felony. Where a man being the king's sworn servant, conspireth to murder any lord of the realm or any of the privy council, it is felony. Where a soldier hath taken any parcel of the king's wages, and departeth without license, it is felony. Where a man receiveth a seminary priest, knowing him to be such a priest, it is felony. Where a recusant, which is a seducer, and persuader, and inciter of the king's subjects against Where a man doth maliciously and feloniously the king's authority in ecclesiastical causes, or a burn a house, it is felony. Where a man doth maliciously and feloniously burn corn upon the ground or in stacks, it is felony. Where a man doth maliciously cut out another's tongue, or put out his eyes, it is felony. Where a man robbeth or stealeth, that is, taketh away another man's goods, above the value of twelve pence, out of his possession, with an intent to conceal it, it is felony. Where a man embezzleth or withdraweth any of the king's records at Westminster, whereby any judgment is reversed, it is felony. Where a man that hath custody of the king's armour, munition, or other habiliments of war, doth maliciously convey away the same, to the value of twenty shillings, it is felony. Where a servant hath goods of his master's delivered unto him, and goeth away with them, it is felony. persuader of conventicles, &c., shall refuse to abjure the realm, it is felony. Where vagabonds be found in the realm, calling themselves Egyptians, it is felony. Where a purveyor taketh without warrant, or otherwise doth offend against certain special laws, it is felony. Where a man hunteth in any forest, park, or warren by night or by day, with vizards or other disguisements, and is examined thereof and concealeth his fact, it is felony. Where a man stealeth certain kinds of hawks, it is felony. Where a man committeth forgery the second time, having been once before convicted, it is felony. Where a man transporteth rams or sheep out of the king's dominions, the second time, it is felony. Where a man being imprisoned for felony, Where a man conjures, or invocates wicked breaks prison, it is felony. spirits, it is felony. Where a man doth use or practise any manner of witchcraft, whereby any person shall be killed, wasted, or lamed in his body, it is felony. Where a man practiseth any witchcraft, to discover treasure hid, or to discover stolen goods, or to provoke unlawful love, or to impair or hurt any man's cattle or goods, the second time, having Where a man procureth or consenteth to a felony to be committed, it is felony, as to make him accessary before the fact. Where a man receiveth or relieveth a felon, knowing thereof, it is felony, as to make him accessary after the fact. Where a woman, by the constraint of her husband, in his presence, joineth with him in com mitting of felony, it is not felony, neither as principal nor as accessary. In felony, if the party be "non sanæ memoriæ," although it be after the fact, he cannot be tried nor adjudged, except it be in course of outlawry, The punishment, trial, and proceeding in cases of and that is also erroneous. In felony, there followeth corruption of blood, except it be in cases made felony by special statutes, with a proviso that there shall be no corruption of blood. In felony, lands in fee simple and goods are forfeited, but not lands entailed, and the profits of estates for life are likewise forfeited: And by some customs lands in fee simple are not forfeited; The father to the bough, son to the plough; as in Gavelkind in Kent, and other places. In felony, the escheats go to the lord of the fee, and not to the king, except he be lord: But the profits of estates for lives, or in tail during the life of tenant in tail, go to the king: and the king hath likewise, in fee simple lands holden of common lords, "annum, diem, et vastum." In felony, the lands are not in the king before office, nor in the lord before entry or recovery in writ of escheat, or death of the party attainted. In felony, there can be no proceeding with the accessary before there be a proceeding with the principal; which principal if he die, or plead his pardon, or have his clergy before attainder, the accessaries can never be dealt with. In felony, if the party stand mute, and will not put himself upon his trial, or challenge peremptorily above the number that the law allows, he shall have judgment not of hanging, but of penance of pressing to death; but then he saves his lands, and forfeits only his goods. In felony, at the common law, the benefit of clergy or sanctuary was allowed; but now by statutes it is taken away in most cases. In felony, bail may be admitted where the fact is not notorious, and the person not of evil fame. In felony, no counsel is to be allowed to the party, no more than in treason. In felony, no witness shall be received upon oath for the party's justification, no more than in treason. In felony, if the fact be committed beyond the seas, or upon the seas, "super altum mare," there is no trial at all in the one case, nor by course of jury in the other case, but by the jurisdiction of the admiralty. In felony, the death of the party before conviction dischargeth all proceeding and forfeitures. In felony, if the party be once acquitted, or in peril of judgment of life lawfully, he shall never be brought in question again for the same fact. In felony, the prosecution may be either at the king's suit by way of indictment, or the party's suit by way of appeal; and if it be by way of appeal, the defendant shall have his counsel, and produce witnesses upon oath, as in civil causes. In felony, the king may grant hault justice to a subject, with the regality of power to pardon it. In felony, the trial of peers is all one as in case of treason. In felony, the proceedings are in the king's bench, or before commissioners of Oyer and Terminer, or of gaol delivery, and in some cases before justices of peace. Cases of Felonia de se, with the punishment, trial, and proceeding therein. In the civil law, and other laws, they make a difference of cases of" felonia de se :" for where a man is called in question upon any capital crime, and killeth himself to prevent the law, they give the same judgment in all points of forfeiture, as if they had been attainted in their lifetime: And on the other side, where a man killeth himself upon impatience of sickness or the like, they do not punish it at all: but the law of England taketh it all in one degree, and punisheth it only with loss of goods to be forfeited to the king, who generally granteth them to his almoner, where they be not formerly granted unto special liberties. OFFENCES OF PRÆMUNIRE. Cases of Præmunire. Where a man purchaseth or accepteth any provision, that is, collation of any spiritual benefice or living, from the see of Rome, it is case of præmunire. Where a man will purchase any process to draw any people of the king's allegiance out of the realm, in plea, whereof the cognisance pertains to the king's court, and cometh not in person to answer his contempt in that behalf before the king and his council, or in his chancery, it is case of præmunire. Where a man doth sue in any court which is not the king's court, to defeat or impeach any judgment given in the king's court, and doth not appear to answer his contempt, it is case of præmunire. Where a man doth purchase or pursue in the court of Rome, or elsewhere, any process, sen tence of excommunication, bull, instrument, or other thing which touches the king in his regality, or his realm in prejudice, it is case of præmunire. Where a man doth affirm or maintain any foreign authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof; such offence, the second time committed, is case of præmunire. Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocese, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person, it is case of præmunire. Where the dean and chapter of any church, upon the "Congé d'elire” of an archbishop, or bishop, doth refuse to elect any such archbishop or bishop as is nominated unto them in the king's letter missive, it is case of præmunire. Where a man doth contribute or give relief unto any Jesuit or seminary priest, or to any college of Jesuits or seminary priests, or to any person brought up therein, and called home, and not returning, it is case of præmunire. Where a man is broker of a usurious contract 165 Where a man being a popish recusant, and not having lands to the value of twenty marks per annum, nor goods to the value of 40., shall not repair to his dwelling or place where he was born, and there confine himself within the compass of five miles, he shall abjure the realm; and if he return, he shall be in the degree of a felon. Where a man kills the king's deer in chases or forests, and can find no sureties after a year's imprisonment, he shall abjure the realm. Where a man is a trespasser in parks, or in ponds of fish, and after three years' imprisonment cannot find sureties, he shall abjure the realm. Where a man is a ravisher of any child within age, whose marriage belongs to any person, and marrieth the said child after years of consent, and is not able to satisfy for the marriage, he shall abjure the realm. OFFENCE OF HERESY. Cases of heresy, and the trial and proceedings therein. The declaration of heresy, and likewise the above ten in the hundred, it is case of præmunire. proceeding and judgment upon heretics, is by the The punishment, trial, and proceedings in cases of præmunire. The punishment is by imprisonment during life, forfeiture of goods, forfeiture of lands in fee simple, and forfeiture of the profits of lands entailed, or for life. The trial and proceeding is as in cases of misprision of treason; and the trial is by peers, where a peer of the realm is the offender. OFFENCES OF ABJURATION AND EXILE. common laws of this realm referred to the juris- CASES OF THE KING'S PREROGATIVE. The king's prerogative in parliament. 1. The king hath an absolute negative voice to all bills that pass the parliament, so as without his royal assent they have a mere nullity, and not so much as" authoritas præscripta," as "senatus Cases of abjuration and exile, and the proceedings consulta" had, notwithstanding the intercession therein. Where a man committeth any felony, for the which at this day he may have privilege of sanctuary, and taketh sanctuary, and confesseth the felony before the coroner, he shall abjure the liberty of the realm, and choose his sanctuary; and if he commit any new offence, or leave his sanctuary, he shall lose the privilege thereof, and suffer as if he had not taken sanctuary. Where a man not coming to the church, and, being a popish recusant, doth persuade any of the king's subjects to impugn his majesty's authority in causes ecclesiastical, or shall persuade any subject from coming to church, or receiving the communion, or persuade any subject to come to any unlawful conventicles, or shall be present at any such unlawful conventicles, and shall not after conform himself within a time, and make his submission, he shall abjure the realm, and forfeit his goods and lands during life; and if he depart not within the time prefixed, or return, he shall be in the degree of a felon. of tribunes. 2. The king may summon parliaments, dissolve them, adjourn and prorogue them at his pleasure. 3. The king may add voices in parliament at his pleasure, for he may give privileges to borough towns, and call and create barons at his pleasure. 4. No man can sit in parliament unless he take the oath of allegiance. The king's prerogative in war and peace. 1. The king hath power to declare and proclaim war, and make and conclude peace. 2. The king hath power to make leagues and confederacies with foreign estates, more or less strait, and to revoke and disannul them at his pleasure. 3. The king hath power to command the bodies of his subjects for service of his wars, and to muster, train, and levy men, and to transport them by sea or land, at his pleasure. 4. The king hath power in time of war to exe cute martial law, and to appoint all officers of any foreign wares that come into the realm, and war at his pleasure. so of native wares that go out of the realm. 5. The king hath power to grant his letters of mart and reprisal for remedy to his subjects upon foreign wrongs. 6. The king may give knighthood, and thereby enable any subject to perform knight's service. The king's prerogative in the persons of his subjects. 1. The king may create any corporation or body politic, and enable them to purchase, to grant, to sue, and be sued ; and with such restrictions and limitations as he pleases. 2. The king may denizen and enable any foreigner for him and his descendants after the charter; though he cannot naturalize, nor enable him to make pedigree from ancestors paramount. 3. The king may enable any attainted person, by his charter of pardon, and purge the blood for time to come, though he cannot restore the blood for the time past. the law, as men professed in religion, to take and 4. The king may enable any dead persons in purchase to the king's benefit. A twofold power of the law. 1. A direction: in this respect the king is underneath the law; because his acts are guided thereby. 2. Correction: In this respect the king is above the law; for it may not correct him for any offence. A twofold power in the king. 1. His absolute power, whereby he may levy 4. The king may forbid the importation of any forces against any nation. commodities into this realm. 2. His limited power, which is declared and 5. The king may set a reasonable impost upon expressed in the laws what he may do. |