leases for the terme of his owne or another persons life of lands T. for life And because tenant in taile is in diuers respects but tenant for the terme of his owne life T. in tayle of his lands intailed therefore if he commit Petit Treason or Felonie he shall forfeit his said intailed lands but for terme of his owne life And he that hath land in another right shal forfeit for high Treason petit Treason Murder or other felony no longer or greater estate than he hath in the same lands as a man seised in the right of his wife of laÌ„ds T. in the right of his wife or church or in the right of his church Fitz. Forf 13. shal forfeit no further estate in the same lands but during his owne estate therein as it doth appeare not onely by the rules of the common lawes but the same is also confirmed by the Statute of 5. Ed. 6. 11. hereafter rehearsed The forf of lands in tayle 26 By the common law Tenant in tayle beeing attainted of high Treason should haue forfeited the lands whereof hée was so seised of an estate in tayle but onely for the terme of his owne life and the same after his death should haue discended to his heire But now by the Statute made Anno 26. H. 8. and Anno 5. Ed. 6. St. 26. H. 8. 16. St. 5. E. 6. 11 it is ordained That euerie offendor and offendors being hereafter lawfully conuict of any manner of high Treason by presentment confession verdict or Proces of Outlawrie according to the due course and custome of the lawes of this Realme shall loose and forfeit to the King his heires and successors all such lands tenements and hereditaments which any such offendor or offendors shal haue of any estate of inheritance in his own right in vse or possession by any right title or meanes within this realme of England or elsewhere within any the Kings dominions at the time of any such Treasons committed or at any time after 16. El. Dyer 332. As if the King giue land to the husband and wife and the heires males of their two bodies lawfully begotten the remainder thereof to the heires males of the body of the husband lawfully begotten reseruing the reuersion to himselfe and the husband and wife haue issue a sonne and the husband committeth high Treason is attainted thereof and executed and this attainder is confirmed by Act of Parliament and all the offendors lands bée giuen to the King Sauing to all Straungers their right other than to the Donor in Tayle and his heirs In this case after the death of the wife the King shall haue the land for that by reason of the fathers attainder of Treason the estate Taile was forfeyted and extinguished by force of the sayd Statutes of Anno 26. H. 8. and Anno 5. Edw. 6. and the bloud corrupt An estate taile forfeited and extinguished and the heirs disabled for that in his lineall conueyance of his discent to the land hée must deriue himselfe heire as well to his father as to his mother Br. Done 61 Co. li. 1. 103 And in like sort if a man seised of lands in fée simple maketh a feoffement thereof to certaine persons to the vse of his wife for the terme of her life the remainder thereof to the vse of the heires of his owne bodie lawfully begotten after the feoffor hath issue a sonne and is attainted of high Treason and executed In this case his sonne shall not inherit this land as heire to his father whose bloud was corrupt by his attainder but the land shall be forfeited to the King by the foresayd Statute of 26. H. 8. And as tenant in taile by committing of high Treason shall by force of the foresayd Statutes of 26. H. 8. 5. Ed. 6. forfeit those lands wherof he hath the possession reuersion or remainder in tayle so shall hée likewise forfeit to the King by committing of high Treason those lands whereunto hée hath but a right in taile Pl. Com. 547. As if the King giue lands to a man Forf of a right in tayle and to the heires males of his bodie lawfully begotten reseruing the reuersion to himselfe and the tenant in tayle hath issue a sonne and dyeth and the sonne doth enter and make a feoffement in fée to a stranger of the same land and then hath issue a sonne and committeth high Treason and is attainted thereof this land shall bée forfeited to the King for by this feoffement made by tenant in tayle to a straunger there passed none other estate from the same tenant in tayle but only an estate for the terme of his owne life and so the tayle and the right of the tayle remained in the tenant in tayle and by his attainder the estate in tayle is extinguished in the Kings reuersion in fée simple And the King shall bee sayd rather to haue this land reuerted vnto him as if all the issue of tenant in tayle were dead than by forfeiture for the words of the Statute of 26. H. 8. be All persons attainted of Treason shall loose and forfeit to the King his heires and successors all lands and tenements which such offendor shall haue of any estate of inheritance at the time of the Treason committed or at any time after Sauing to all others and their heires other than the offendors in Treason their heires and successors all their rights and possessions c. which they had at the day of the Treason committed or after And by these generall words That they shall loose and forfeit all lands and tenements which they haue of any estate of inheritance and by excluding the heire in the Sauing lands tayled shall bée forfeited and the lands in this case cannot be aptly termed to be forfeited to the King and his heires where hée had the fée simple before but are rather to be sayd reuerted to the King the tenant in tayle dying without any issue which by his attainder of Treason and the corruption of his blood Co. li. 7. 33. could inherit this land And if the King by his letters Patents vnder the great Seale doe create an Earle Forf of name or title of dignitie intailed and giue him the title and honour of an Earledome to him and the heires males of his body begotten and the grantée hath issue two sonnes by seuerall women and then dyeth and his eldest sonne doth enioy the same Earledome and after committeth Treason by leuying of warre in the Realme against the King and is attainted thereof and then dyeth without issue of his bodie begotten by this attainder the same shal be forf to the K. and not discend to the brother of the half blood nor to his heirs for this Earldom and name of dignity may be intailed according to the stat of W. 2. St. 13. E. 1. 1 De donis conditionalibê° for that it concerneth land must
counterfeit money any such false and counterfeit coine of money being currant within this realme as is aforesaid knowing the same coine or mony to be false counterfeit to the intent to vtter or make paiment with the same within this realme or any the dominions of the same by marchandizing or otherwise then all euery such person or persons so offending as is aforesaid their counsellors procurers aiders and abettors in that behalfe shal be déemed and adiudged to be offendors in high Treason and shall suffer after lawfull conuiction or attainder thereof such paines of death losse and forf of lands goods and cattels as other offendors shall do in cases of high Treason And all euery person and persons By what euidence an offendor shal be indicted or attainted that shal be accused or impeached of any of the offences contained and prouided for in this stat or of any other offence or offences cōcerning the impairing coūterfeiting or forging of any coin currant within this realme shal and may be indicted conuicted or attainted by such like euidence in such manner and forme as hath béene vsed within this realme at any time before Anno 1. Ed. 6. Any Statute custome law c. notwithstanding 12 Because diuers false and euill disposed persons for wicked lucre gains sake did diminish impaire and falsifie the money and coynes currant within this Realme Clipping washing roūding or filing of money by clipping washing rounding and filing therof to the dishonor of the Quéene and losse of the subiects of this Realme for the remedy wherof by a stat made An. 5. El. it was enacted That clipping washing rounding St. 5. El. 11. or filing for wicked lucre or gaines sake of any the proper monies or coynes of this realme or the dominions therof or of the monies or coines of any other realme allowed and suffered to be currant within this realme or the dominions thereof at this present or that hereafter at any time shal be the lawful monies or coines of this realme or the dominions thereof or of any other realme and by proclamation allowed and suffered to bee currant here by the Qu. her heires or successors shal be taken and adiudged by vertue of this act to be treason and the offendors therein their counsellors consenters and aiders shal be taken déemed and adiudged as offendors in Treason and being thereof lawfully conuicted or attainted according to the due order of the law shall suffer death and lose forf all his and their goods and cattels and also shall lose and forf all his and their lands and tenements during his and their naturall life or liues onely To whom the forfeiture shall accrue And euery person which hath any lawfull grant to haue and enioy the forf of lands goods or cattels of offendors and men attainted of high treason within any Manor Lordship Towne Parish Hundred or other precinct within this realme of England or Wales shall may at all times hereafter haue like libertie to take seise enioy all such forf of lands tenements goods and cattels as shall come or grow within their liberties by force of the attainder of any person or persons for vpon any offence and offences made treason by this act as they or any of them should ought or might by vertue of any good and lawfull grant to them or any of them heretofore had or made Prouided alwayes No corruptiō of blood or forf of dower and be it enacted That this act nor any attainder or attainders of any person or persons for any offence or offences made treason by this act shall extend or be expounded to make any corruption of blood to any the heire or heirs of any such offendor or offendors or to make the wife of any such offendor to lose or forf her dower of or in any lands tenements or hereditaments or her title action or interest in the same Any thing in this act contained or attainder c. notwithstanding Tryall of a Peere If any of the Lords of the Parliament or Péere of the realme shal be indicted of any offence made treason by this act then they shall haue their triall by their Péeres as heretofore hath béene vsed in cases of High Treason By a stat made An. 3. H. 5. it was ordained That clipping St. 3. H. 5. 6 washing or filing of the money of the land shold be adiudged treason but that stat was repealed by the before rehearsed stat of An. 1. M. as is aforesaid 13 For that diuers euill disposed persons knowing that the said act of an 5. El. 11. being penall ought to be expounded strictly according to the words therof the like offences not by any equitie to receiue the like punishment did sithence the making of the said stat practise for gaines sake other vndue means to falsifie impaire diminish and lighten as wel the proper mony of this realm as also of other realms Diminishing scaling or lightning of money allowed to be currant within this realm and the dominions thereof by the Qu. proclamation to the great losse and deceit of the Q. and her subiects for the redresse whereof by a Statute made Anno 18. St. 18. El. 1. Eliz. it was established That if any person or persons shall for wicked lucre or gaines sake by any act waies or means whatsoeuer impaire diminish falsifie scale or lighten the proper monies or coynes of this Realme or any the Dominions thereof or the monies or coines of any other Realmes allowed and suffered to bée currant at the time of the offence committed within this Realme of England or any the Dominions of the same by the proclamation of the Qu. her heires or successors it shall be taken déemed and adiudged to be Treason and the offendors therein their counsellors consentors and aydors shall bee likewise déemed and adiudged as offendors in treason and being thereof lawfully conuict or attainted according to the due course of the laws of this realm shall suffer death lose and forf all their goods and cattels to the Quéene her heires and successors and shall lose and forfeit to the Quéene her heires and successors all their lands tenements and hereditaments during his or their naturall life or liues onely Prouided alwayes that this Act No corruptiō of blood nor forf of dower nor any attainder or attainders for any offence or offences made treason by this Act shall in any wise extend or be iudged or expounded to make any corruption of blood to any the heire or heires of such offendor or offendors or to make the wise of any such offendor to lose or forfeit the dower of or in any lands tenements or hereditaments or her title action or interest to the same Any thing in this Act contained or any attainder hereafter to be had c. notwithstanding If any Lord of the Parliament or Péere of this Realme Tryall of a Peere shal
be indicted of any offence made treason by this Act then euery of them shall haue his tryall by his Péers as hath béen heretofore vsed in cases of High Treason 14 For preseruation of the Quéenes Highnesse her heirs and successors and the dignitie of the imperiall Crowne of this realme and for auoiding of such hurts perils dishonors and inconueniences as haue before time fallen as well to the Qu. noble progenitors Kings of this realme as for the whole estate thereof by meanes of iurisdiction and power of the Sea of Rome vniustly claimed and vsurped within this realme and the dominions thereof and also of the daungers by the fautors of the said vsurped power growne to licentious boldnesse St. 5. El. 1. and maruellous outrage by a stat made An. 5. El. it was ordained That if any person or persons dwelling inhabitāt or resiant within this realme or within any other the Qu. dominions seigniories or countries or in the Marches of the same or elsewhere within or vnder her obedience power Maintaining the authoritie of the Bishop of Rome of what estate dignitie preheminence order degrée or condition soeuer hée or they be shall by writing ciphering printing preaching or teaching déed or acts aduisedly and wittingly hold or stand with to extoll set forth maintaine or defend the iurisdiction or power of the Bishop of Rome or of his Sea heretofore claimed vsed or vsurped within this realm or in any dominion or countrey being of within or vnder the Quéenes power or obedience Or by any spéech open déed or act aduisedly and wittingly attribute any such manner of iurisdiction authority or preheminence to the said Sea of Rome or to any Bishop of the same Sea for the time being within this Realme or in any the Q. dominions or countries then euerie such person or persons so doing or offending their abettors procurers counsellors and also their aidors assistants and maintainors vpon purpose and to the intent to set forth further and extoll the said vsurped power authoritie or iurisdsction of any of the sayd Bishop or Bishops of Rome and euerie of them béeing thereof lawfully indicted or presented within one yeare next after such offences by him or them committed and béeing lawfully conuicted or attainted at any time after according to the lawes of this Realme for euerie such default and offence shall incurre the daunger penalties paynes The penaltie for the first offence and forfeitures ordayned and prouided by the Statute of Prouision and Praemunire St. 16. R. 2. 5 made Anno 16. R. 2. And for stronger defence and maintenance of the said Act it was further established by authoritie of the said Parliament That if any such offendor or offendors The second offence Treason as is aforesaid by writing cypering printing preaching or teaching déed or act aduisedly and wittingly doe hold or stand with to extoll set forth maintaine or defend the authority iurisdiction or power of the Bishop of Rome or of his Sea heretofore claimed vsed or vsurped within this Realme or in any Dominion or Countrey being of within or vnder the Quéenes power or obedience Or by any spéech open déed or act aduisedly and wittingly attribute any such manner of iurisdiction authoritie or preheminence to the sayd Sea of Rome or to any Bishop of the same Sea for the time being within this Realme or in any the Quéenes Dominions or Countries or bée to any such offendor or offendors abetting procuring or counselling or ayding assisting or comforting vpon purpose and to the intent to set forth further and extoll the sayd vsurped power authoritie or iurisdiction after such conuiction and attainder as is aforesayd doe eftsoones commit or doe the sayd offences or any of them in maner and forme aforesaid and bée thereof duely conuicted and attainted as is aforesayd then euery such offendor and offendors for the same second offence and offences shall forfeit lose and suffer such like and the same paines forfeitures iudgement and execution as is vsed in case of High Treason Prouided alwayes that this act nor any thing therein contained nor any attainder to bee had by force of this Act No corruptiō of blood nor forf of dower shall not extend to make any corruption of bloud the disheriting of any heire forfeiture of dower nor to the preiudice of the right or title of any person or persons other than the right title of the offendor or offendors during his her or their naturall liues onely And it shall and may be lawfull to euerie person and persons to whom the right or interest of any lands tenements or hereditaments after the death of such offendor or offendors should or might haue appertained if no such attainder had béene to enter into the same without any Ouster le mayne to be sued in such sort as hee or they might haue done if this act had neuer béene made Giuing of almes to an offendor Prouided that charitable giuing of reasonable almes to any of the offendor or offendors aboue specified without fraud or couin shall not be taken and interpreted to be any such abetment procuring counselling aiding assisting or comforting as thereby the giuer of such almes shall incurre any paine penaltie or forfeiture appointed in this Act. Prouided also that if any Péere of this realme shal offend contrarie to this Act or any branch or article thereof in all such cases they shal be tried by their Péers in such maner and forme as in other cases of treason they haue vsed to be tried by none other meanes No person or persons shall be indicted for assisting aiding maintaining comforting or abetting of any person or persons for any the said offences in extolling setting forth or defending of the vsurped power and authoritie of the Bishop of Rome vnlesse he or they be lawfully accused by such good and sufficient testimony and proofe as by the Iury by whom he shal be indicted shal be thought good lawfull and sufficient to prooue him or them guiltie of the said offences 15 To the intent that all vsurped forein power authoritie spiritual and tēporal may for euer be cléerly extinguished neuer to be vsed or obeied within this realm or any other the Q. dominions by a stat made an 1. El. 1. St. 1. El. 1. it was ordained That no forein prince person prelat state or potentat spiritual or temporall shall at any time after the last day of this Session of Parliament vse enioy or exercise any manner of power iurisdiction superioritie authoritie preheminence or priuiledge Spirituall or Ecclesiasticall within this Realme or any other the Quéenes Dominions or Countries that now be or hereafter shall be Abolishing of forreine authoritie But from henceforth the same shall bée cléerely abolished out of this Realme and all other the Quéenes Dominions for euer any statute ordinance custome c. notwithstanding And for the better obseruation and maintenance of the said statute it
or if any person or persons to whom the sayd othe by any Commission or Commissions shall be limited or appointed to be tendered refuse to take or pronounce the said othe in manner and forme aforesaid that then the partie so refusing and being thereof lawfully indicted or presented within one yeare next after such refusall and conuicted or attainted at any time after according to the lawes of this Realme shall suffer and incurre the daungers penalties paines and forfeitures ordained and appointed by the Statute of Prouision and Praemunire made An. 16. R. 2. St. 16. R. 2. 5. And also if any of the persons aboue named and appointed by this Act to take the othe aforesaide doe after the space of thrée moneths next after the first tender thereof The second refusall of the Othe high Treason the second time refuse to take and pronounce or doe not take and pronounce the same in forme aforesaide to be tendered That then euerie such offendor and offendors for the same second offence and offences shall forfeit loose and suffer such like and the same paines forfeiture iudgement and execution as is vsed in cases of high treason No corruption of blood or forfeiture of dower But no attainder by force of this Act shall extend to make any corruption of blood the dis-heriting of any heire forfeiture of dower nor to the preiudice of the right or title of any person other than of the offendor during his her or their naturall liues onely c. But forasmuch as the Quéene is otherwise sufficiently assured of the faith and loyaltie of the Temporall Lordes of her high Court of Parliament Therefore this Act shall not extend to compell any temporall Lord of or aboue the degrée of a Baron of this Realme Temporall Lords discharged of the Othe to take or pronounce the Othe aforesaide nor to incurre anie penaltie limited by this Acte for not taking or refusing the same Prouided alwayes that no person shall be compelled by vertue of this Acte to take the Othe aboue mentioned at or vpon the second time of offering the same according to the forme appointed by this Statute except the same person hath béene is or shall bée an Ecclesiasticall person that had hath Who only shal take the Othe vpon the second tender or shall haue in the time of one of the Raignes of the Quéenes father brother or sister or in the time of the Quéenes Maiestie her heires or successors charge care or office in the Church Or such person or persons as had hath or heereafter shall haue any office or ministerie in any Ecclesiasticall Court of this Realme vnder any Archbishop or Bishop in any the times or raignes aforesaide Or such person or persons as shall wilfully refuse to obserued the orders and rites for diuine seruice that bee authorized to be vsed and obserued in the Church of England after that he or they shal be publikely by the Ordinary or some of his Officers for Ecclesiasticall causes admonished to kéepe and obserue the same Or such as shall openly and aduisedly depraue by wordes writings or any other open fact any of the rites and ceremonies at anie time vsed and authorized to be vsed in the Church of England Or that shall say or heare priuate Masse prohibited by the Lawes of the Realme And all such persons shall be compellable to take the Othe vpon the second tender or offer of the same and incurre the penalties for not taking the saide Othe and none other 16 Because diuers seditious and euill disposed people haue lately procured and obtained to themselues from the Bishoppe of Rome and his Sée diuers Bulles and Writings the effect whereof hath béene and is to absolue and reconcile all those that will be contented to forsake their due obedience to the Quéene and to yéelde and submit themselues to the vnlawfull and vsurped authoritie of the saide Bishoppe and his Sée and by colour of the saide Bulles and Writings haue by their lewd practises and perswasions so farre wrought that sundry simple and ignorant persons haue béene contented to be reconciled to the saide vsurped authoritie and and to take Absolution at the handes of the aforesaide subtile practisers whereby there hath growen disobedience in many to absent themselues from diuine seruice and thought themselues discharged from all allegeance to her Maiestie whereby vnnaturall Rebellion hath ensued For redresse whereof and to preuent great inconueniences that might ensue by a Statute made Anno 13. Elizab. 2. it was enacted St. 13. El. 2. That if any person or persons shall vse or put in vre in any place within this Realme Giuing or taking absolution by any bulles from Rome or any the Quéenes dominions any bull writing or instrument written or printed of absolution or reconciliation obtained from the Bishop of Rome or any his successors or from any other person or persons authorized or claiming authoritie by or from the said Bishoppe his predecessors or successors or Sée of Rome Or if any person or persons shall take vpon him or them by colour of any such bull writing instrument or authoritie to absolue or reconcile any person or persons or to graunt or promise to any person or persons within the Realme or any other the Queenes Dominions any such absolution or reconciliation by any speach preaching teaching writing or any other open déede Or if any person or persons within this Realme Obtaining of bulles from Rome or any the Quéenes Dominions shall willingly receiue and take any such absolution or reconciliation Or else if any person or persons haue obtained or gotten since the last day of the Parliament holden Anno 1. Elizab. or shall obtaine or get from the said Bishop of Rome or any his successors or Sée of Rome any manner of bull writing or instrument written or printed containing any thing matter or cause whatsoeuer or shall publish or by any waies or meanes put in vre any such bull writing or instrument Then all and euery such Act and Acts offence and offences shall be déemed and adiudged to be high treason and the offendor and offendors therein their procurers abettors and councellors to the fact and committing of the saide offence or offences shall be déemed and adiudged high traitors to the King and the Realme and being thereof lawfully indicted and attainted according to the course of the Lawes of this Realme shall suffer death and forfeit all their lands hereditaments c. and cattells as in cases of high treason by the Lawes of this Realme ought to be lost and forfeited c. All and euery ayders The forfeiâ—â—res of Ayâ—â—rs Mainâ—â—inors c. after the offence comforters or maintainers of any of the saide offendor or offendors after the committing of any of the saide actes or offences to the intent to set foorth vpholde or allow the dooing drexecution of the saide vsurped power iurisdiction or authoritie concerning the premisses or any part thereof
slaine by await assault or malice prepensed the charter shal be disalowed and further therein shal be done as the Law requireth which saide stat was after confirmed by the statute of Anno 16. R. 2. St. 16. R. 2. 6 1. Ed. 3. 24 And therefore whereas if a man before this Statute had counterfeited the Kings great or priuy Seale and the King had pardoned him all felonies homicides robberies and other trespasses by the common Lawe his pardon should haue béene allowed and he discharged which sithence would not be allowed vnlesse the treason were specified in the charter of pardon 6 For that many common and notorious Théeues indited of seuerall felonies murders and rapes in diuers countries and vpon the same as well before the Kings Iustices as before the King himselfe being arraigned of the same felonies for the sauing of their liues did in times past become approuers to the intent that in the meane time by Brocage and great gifts bestowed vpon certaine persons they might purchase and obtaine their charters of pardon and then after their deliuerance became more notorious Théeues than they were before for the redresse whereof and to the intent to punish him with discredit and forfeture who pursueth such a charter there was a statute made Anno 5. H. 4. St. 5. H. 4. 2 which doth ordaine Sute for an Approuers pardon That if any man or woman doe desire or pursue or cause to be requested or pursued for any charter of pardon for any felon arraigned of felonie murder or rape which for the safegard of his life doth become an approuer then the name of him or her which pursueth such charter shal be put in the same charter making mention that the same charter is graunted at his request and instance And if he to whom the charter is granted after his deliueraunce becommeth a felon the same person who pursued for his charter shall forfeit a hundred pounds to be leuied to the Kings vse Pardon of the felonie but not of the attainder 7 If a man be attainted of felonie 9. Ed. 4. 28. 11. H. 4. 15 46. Fi. Cor. 124 S. Abiuration 15 and the King doth pardon him all feloniâ—s this is not sufficieÌ„t neither wil it auaile him because in the charter there is no pardon of the attainder As one abiured the Realme for the death of a man and returned againe without the Kings licence and beeing brought to the barre he pleaded the kings pardon and because it made no mention of his aâ—iucaâ—ion which was his attainder it was disalowed If the King do by Act of parliament grant a generall pardon of all felonies except burglarie Co. l. 6. 13 and an offendor is attainted of burglary he shal haue no benefit of this pardon for the offence of burglarie doth remaine notwithstanding the attainder thereof 〈…〉 8 If a man commit felonie and is attainted thereof 8. H. 4. 22. Co. li. 6. 13 if the King do pardon him the attainder and the execution this will not auaile him because the felonie doth yet remaine vnpardoned 22. Ed. 4. 7 28 29 H. 8. Dyer f. 34 9 If the king doe pardon two thrée A ioynt pardoÌ„ to two or thrée or moe men all felonies by them or any of them committed this will not auaile them because felonie is alwaies seuerall though the sequell of the Charter be seuerall yet it shall not make that which in the beginning of the Charter was ioynt to bee seuerall But it is otherwise if the beginning of the Charter had beene seuerall the sequell ioynt 3. H. 7. 15 10 If the King graunt to a man Grant to be quit of escapes of felons that he shal be quit of the escape of prisoners out of his prison beeing there for felonie or Treason yet this will not discharge him of voluntarie escape but onely of negligent escape for voluntarie escape is felonie and the King cannot licence a man to commit felonie but he ought to restraine him of the doing thereof 11. H. 4. 41. 11 Euery prisoner shall take aduantage of a generall pardon graunted by Act of Parliament A generall pardon by Parliament without pleading of it And the court shall giue him the aduantage thereof though he doth waiue and refuse the benefit of the same Act but that is to be intended where the act is general without any exception For if there be any persons excepted in the same pardon graÌ„ted by Act of Parliament 8. E. 4. 7 Pl. com 401 then he ought to plead that he is not any of those which is excepted and that he was not adherent to E. and so must plead to euery point and thing excepted in the said Act of Parliament to the intent to prooue himselfe enabled to enioy the benefit of the said pardon vnlesse in the said Act of Parliament there be mention made that euery person may take aduantage of it without pleading of it And if he that doth plead that pardon be of the same name that any of those is which is excepted in the pardon hee then must in pleading declare the same and shew that he is another man and not he which is excepted in the pardon or otherwise he shall come too late to plead it after And if he plead it before the Iustices in the countrey where the Kings atturney is not present the Iustices shall cause proclamation to be made that if any will speake for the King let him come forth c. 12 The partie whom it doth concerne ought not onely to plead the Kings pardon granted vnto him by his Charter without Parliament but hee must also shew it vnder Seale The Kings pardon must be sheÌ„wed vnder seale for that the custodie thereof belongeth onely to him and to none other And therefore though he will say that he was at another time arraigned of the same felonie at the Kings suit in such a countie where he pleaded the said Charter H. 11. H. 4. 41. and that was allowed which allowance is of Record yet that is no good plea without shewing the Charter But the court of fauour will respite the partie that pleadeth it to bring in the Charter at the day assigned 13 When a man doth plead the Kings pardon of any homicide robberie A writ of allowance of the Kings pardon felonie or other trespasse he ought also to bring with him a writ of allowance testifying that he hath found suretie according to the Statute of anÌ„ 10. Ed. 3. St. 10. E. 3. 3 which hath established That if the King doe grant to any person any Charter of pardon of any homicide robberie or felonie then he to whom the same is granted shall come within thrée moneths next after the making of the same before the Sherife and Coroners of the Countie where the felonie was done and shall find sixe good and sufficient mainpernors for whom the said sherife and
Coroners will answer He that hath a pardon shal find sureties for his good abearing that he from thenceforth shall beare himselfe well and lawfully And the maineprises shal be sealed and returned into the chancerie within thrée moneths after the end of the said thrée moneths And if hée which hath such Charter will ayd himselfe thereby and hath not found such mainprises or after such mainprise found doth beare himselfe otherwise against the peace than he ought his charter shal be accounted void of no force The good behauiour broken after a pardon 14 A prisoner that was indited outlawed of felonie 3. H. 7. 7. pleadeth the Kings pardon of the same felonie and outlawrie but shewed no writ of allowance testifying that he had found suretie in the Chauncerie according to the foresaid Statute of 10. Ed. 3. neither did he make mention in his plea that he had fouÌ„d suretie according to that Statute nor yet did he vouch the Record thereof in the Chauncerie therefore the Iustices had no cause to allow of his Charter of pardon And the same offendor after his pardon graunted was indited before the Iustices of peace of the countie where he dwelt that he did beat and wouÌ„d A.B. against the Kings peace and thereof was conuict before the same Iustices of peace by his owne confession which Record of his conuiction was sent into the Kings Bench by the said Iustices of peace and for that he had borne himselfe otherwise than he ought toward the peace his charter of pardon was adnulled he had iudgement of death and was hanged A pardon must agree with the inditement 15 A Charter of pardon ought to agrée with the Indictment in the name surname and addition of the partie to whom the same Charter is graunted to the intent that he may be knowne to be the same person which is indited or otherwise it is not allowable sauing in some speciall cases As 11. H. 4. 3â— in appeale of death where the plaintife was non-suit after declaration and the defendant was arraigned at the Kings suit vpon the declaration whereunto he pleaded the Kings pardon which did not agrée with the appeale in the name of him that was slaine Where a charter may vary from the indictment nor in the day but agréed with the inditement in the death of the selfe same man to the which inditement this pardon had before time bin pleaded and allowed And for that it may well be intended of the same death séeing one man cannot haue two deaths it was allowed notwithstanding the variance Two men were outlawed in appeale of murder 28. 29. H. 8. Dy. 34. and they purchased their pardon and had a Scire facias against the Plaintife in the appeale and also a Scire facias against the Lords mediate or immediate and the pardon did not agrée with the inditement in the additions but the parties tooke an auerment that they were the same parties which were indited and an exception was taken to the pardon for the words of the pardon were Pardonauimus c. W.B. L.B. omnes omnimodas vtlagarias versus praefatos W.B. L. B. seu versus eorum alterum promulgatas which words in the premisses of the pardon be ioynt where they should haue been Pardonauimus c. W.B. L.B. eorum alteri because that euery felonie is seuerall and for these seuerall felonies they should haue had seuerall pardons And yet the pardon was allowed If a man be indited of felonie by the name of A.B. yeoman and after the King doth pardon him by the name of A. B. gentleman esquire 20. H. 7. Kel fol. 58. knight or c. all manner of felonies he may plead this pardon and auerre that A. B. yeoman and A. B. gentleman or c. be one person and this pardon will discharge him for it may be he was a yeoman at the time of the inditement and after made gentleman by the King or by some office 4. E. 4. 10 16 When after non-suit in appeale the Kings pardon is allowed it is vsed to enter the pardon and alowance vpon the bill of appeale The pardon and alowance entred vpon the appeale and thâ—refore if there be any inditement of the same felonie against the defendant it shalbée good for him to cause these words to be entred and indorced vpoÌ„ the indictmeÌ„t viz. Cesset processus faciendus super indictamentum eo quod defendens acquietatus recessit ab Appello 4. Ed. 4. 10 17 All this matter of pardons is in effect to be referred to indictments because the Kings pardon is no plea to the parties appeale A pardon no plea to an appeale for the felon shalbée put to death notwithstanding that But it is a good plea against the King when the appeale is determined And if it be determined by act in law and not by the act of the partie the pardon shall not be allowed without warning of the partie as in appeal the plaintife doth pursue it vntill he hath outlawed the defendant in this case by the Outlawry the appeale is determined and yet if the king doe pardon the defendant the pardon shall not bée allowed vntill hée hath sued a Scire facias against the party at whose suit he was outlawed And if at the day of the Scire facias returned the partie doe appeare the Appellant may pray execution of him notwithstanding the pardon but if the Appellant be returned warned and doth make default the Charter shal be allowed without further suit Co. l. 50. 100 3. El. Dyer 201 261 The Kings pardon of burning in the hand In an appeale of murder the defendant pleaded not guiltie vpon his arraignment and by the enquest was found guiltie of manslaughter and then prayed and had his Clergie Whereupon by force of the Statute of anÌ„ 4. H. 7. 13. St. 4. H. 7. 13 he being a conuict person ought to bée marked by the Gaoler openly in the Court which marking or burning in the hand the king did and may pardon though it be in an appeale for burning in the hand is no part of the iudgement but onely a meane to notifie to the Iudge vpon an offendors second conuiction that he once before had his Clergie vpon a former conuiction And for that it was ordained by the Statute of anÌ„ 18. El. 6. St. 18. El. 6 That after Clergie allowed and burning in the hand the prisoner shall be forthwith enlarged and deliuered out of prison which act doth extend as well to the case of the Appeale as to the case of an Indictment Therefore the King hauing pardon the burning in the hand the partie was also discharged of his imprisonment 2. R. 3. 8 18 A Scire facias vpon a Charter of pardon may be graunted against an appellant Vpon a pardon a Scire facias against an appellant though the appellée which doth pray it sheweth
and suffer such pains of death losses of lands goods and cattels as if they had béen conuicted of any treasons felonies robberies or other the said offences done vpon the land without benefit of Clergie or Sanctuarie Prouided alwayes that this Act shall not extend or be preiudiciall to any person or persons for taking of any victuals Taking things vpon necessitie gables ropes anchors or sayles which any such person or persons compelled by necessitie taketh of or in any ship which may conueniently spare the same so the same person or persons pay out of hand for the same victuall gables ropes anchors or sayles mony or mony worth to the value of the thing so taken or doe deliuer for the same a sufficient bill obligatorie to bée payd in forme following viz. if the taking of the same things bée on this side the straits of Marrok then to bée payd within foure monethes and it beyond the said Straits then to be paid within twelue monethes next ensuing the making of the sayd bill And that the makers of the sayd bils well and truely pay the same debt at the day to be limited within the said bills Prouidâ—d alwayes Commissions directed into the fine ports that whensoeuer any such Commission for the punishment of the offences aforesayd or of any of them shal be directed or sent to any place within the iurisdiction of the fiue Ports that then euery such Commission shall bee directed vnto the Lord Warden of the sayd Ports for the time being or to his deputie and vnto thrée or foure such other persons as the Lord Chauncellor for the time béeing shall appoint And that when any Commission shall be directed vnto the fiue Ports for the inquisition and tryall of any of the offences expressed in this Act that euerie such inquisition and tryall to be had by vertue of such Commission shall be made and had by the inhabitants in the said fiue ports or the members therof Any thing in this Act to the contrarie notwithstanding So much of this stat as concerneth the triall of treasons is altered by the stat of Anno 1. 2. P. M. 10. and the same made triable onely by the course of the common law St. 18. E. 3. 2 12 The Iustices of peace of euery county by vertue of the K. commission to them directed and by force of the stat of Anno 18. Ed. 3. be Iudges in felonie Iust of peace Iudges in felonie and haue authoritie to heare and determine felonies the words of which stat be these viz. Two or thrée of the most worthy men of counties shal be assigned kéepers of the peace by the K. commission and at what time need shall bée the same with otherwise and learned in the law shall be appointed by the K. commission to heare and determine felonies and trespasses done against the peace in the same county and to execute punishment reasonably according to law reason and the maner of the fact And the words of the kings commission which doth authorize Iustices of peace to be Iudges of Felonie and to heare and determin felonies amongst others be these viz. Iacobus Dei gratia Angliae The words of the commission of the peace Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilectis A. B. C. D. E. H. c. Salutem Sciatis quod assignauimus vos quoslibet duos vel plures vestrum Quorum aliquem vestrum A. B. C. D. vnum esse volumus Iustitiarios nostros ad pacem nostram in comitatu nostro Buckingham conseruandam ad inquirendum per sacramentum proborum legalium hominum de comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis felonijs transgressionibus c. ac de omnibus singulis alijs malefactis offensis de quibus Iustitiarij nostri pacis legitimè inquirere possunt aut debent per quoscunque aut qualitercunque in Comitatu praedicto factis siue perpetratis Vel quae in posterum ibidem fieri vel attemptari contigerit c. Et ad omnia singula Felonias c. indictamenta praedicta ceteraque omnia singula praemissa secundum leges statuta Regni nostri Angliae prout in huiusmodi casu fieri consueuit debuit audiendum terminandum And though it doth plainely appeare by the words of the foresayd Commission that the King doth giue authoritie to Iustices of Peace to inquire of heare and determine all manner of Felonies viz. as well of such as bée made Felonies by Statute as of such offences as were Felonies by the Common law yet because there hath béene a scruple and question moued by some that the foresaid Statute of Anno 18. Edw. 3. did meane and was to bee expounded to giue authoritie to Iustices of Peace to inquire of heare and determine those felonies onely which were at the time of the making of that Statute felonies viz. That were felonies by the Common law and not to giue them authoritie to inquire of heare and determine those offences as felonies which were made felonies by seuerall Statutes ordained sithence that time and that the Kings Commission authorised by that Statute did giue them no further authoritie than that Statute meant Therefore not to adde to the law but to satisfie euerie reader and to make that thing more plaine and perspicuous to all men which to some did séeme doubtfull the makers of the stat of anno 8. El. 3. touching the transporting of shéepe and of the stat of anno 25. H. 8. 6. ordained against buggery and of the stat of anno 18. H. 6. 19. established to punish Souldiers that depart from their Captains without licence and of the stat of an 39. El. 4. an 1. Iac. 7. touching dangerous and incorrigible rogues and of the stat prouided an 39. El. 17. against wandering souldiers and mariners and of the stat of an 22. H. 8. 11. established against the cutting downe of powdike and of the stat of an 43. El. 13. enacted against the carrying away of any persons against their wils out of Cumberland Northumberland Westmerland or the Bishopricke of Durham did by speciall words ordaine that the I. of the peace of the counties wherein any of the foresaid seuerall offences were committed should haue authoritie at their generall Quarter Sessions to inquire of heare and determine the said offences And the like authoritie was giuen by the said seuerall stat to the Iust of Assise and Iust of Gaole deliuerie to inquire of heare and determine the said offences in the counties where the same were committed within their seuerall commissions And by the stat of an 1. E. 4. it waâ— ordained That the I. of peace of euery county St. 1. E. 4. 2 shal haue authoritie and power to arraigne and deliuer all person and persons indicted or presented befor the Sherifes Vndersherifes their Clerks Bailifs or Ministers
praedicti Qui quidem A. B. C. D. E. F. adtūc ibid p̄sentes in cur̄ petierūt se ad finē cū dict' dn̄o Rege occasione p̄d admitti Et inde pon̄ se seperatur in miserecordia dn̄i Regis Et assessatur finis eiusd A.B. per Iusticiar̄ p̄d ad 5. li. Et assessatur finis eiusdem C.D. ad 3. li. c. bone legalis monetur Angliae ad opus vsum dicti dn̄i Regis 32 Thogh the laws statutes before rehearsed or mētioned did take sufficiēt order for the inquiring of repressing punishing of such as did cōmit riots routs or vnlawfull assemblies by iij. iiij.v or some small number of persons and then were apprehended or dispersed by the Iustices of Peace the sherife or vndersherife with the help of the countrie when néed required Yet there was no sufficient law deuised to suppresse and punish such as did assemble in great numbers routs and tumults and would in contempt of the law and in rebellious manner put in practise vnlawfull forcible and violent acts and being by authoritie of the same law in calme manner required to the contrary would yet stand at the staues end with the peace of the realme and the iustice of the law and as it were in despite of all gouernment and gouernors procéed in their furie Therfore to continue peace and tranquilitie in the common weale and by a more sharpe corrasiue to bridle or punish so great maladies St. 1. M. 12. by a statute made Anno 1. M. it was enacted Twelue or aboue assembled to change lawes That if any persons to the number of xij or aboue being assembled together shall intend goe about practise or put in vre by force of armes vnlawfully and of their owne authoritie to alter or change any lawes made or established for religion by authoritie of Parliament which stand in force or any other laws or statutes of this realm or any of them the same number being commanded or required by the sherife of the shire or by any Iu. of peace of the same shire or by the mayor sherife I. of peace or by the baylifs of any citie borough or towne corporat where such assemblies shal be vnlawfully had and made by proclamation in the Queens name to retire and repaire to their owne houses and habitations or places frō whence they came and they or any of them notwithstanding such Proclamation shall remaine and make their abode and continue together by the space of one whole houre after such commandement or request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in vre any thing aboue specified Then as well euery such abode or continuing together as euery such act or offence that after such commandement or request by Proclamation had or made shal be attempted to be done practised or put in vre by any of the persons being of the number aforesaid shal be iudged felonie in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any act And the offendors therein shal be adiudged felons and shall suffer only execution of death as in case of felony St. 1. M. 12. 33 If any persons to the said number of twelue or aboue shall intend Practising to destroy parks ponds conduits goe about practise and put in vre in manner and forme aforesaid to ouerthrowe cut breake cast downe or digge vp the pales hedges ditches or other inclosure of any Parkes or Parke or other grounds or ground inclosed or the bankes of any fish-pond or poole or any conduits for water conduit heads or conduit pipes hauing course of water to the intent that the same or any of them from thenceforth should remaine open not inclosed or voyd Common or way or vnlawfully to haue common or way in the same Parkes or Parke or other groundes or ground inclosed or in any of them or to destroy in manner and forme aforesaid the Deere in any Parks or Parke or any warrens or warren of Conies Destruction of déere conies doue-houses fish Pulling downe houses burning stacks of corne abating of rents or any Doue-houses or any fish in any fish-pond or poole or to pull or cut downe any houses barnes milles or bayes or to burne any stackes of corne or graine or to abate or diminish the rents or yearely value of any mannors lands or tenements or the price of any victuall corne or graine or any other thing vsuall for the sustenance of men being required or commanded by any I. of peace or by the Sherife of the countie or by the mayor bailife or bailifs or other head officers of any citie or towne corporat where such assemblie shall be had by proclamation to bee made in the Quéenes name to retire returne in peaceable maner to their places and houses from whence they came and they or any of them notwithstanding such proclamation shall remaine or make their abode or continue together by the space of one whole houre after such cōmandement or request made by proclamation or after that shall in forcible maner do or put in vre any of those things last before mentioned Then aswell euery such abode or continuing together as euery such act that after such commandement or request by proclamation or request had or made shall be done practised or put in vre by any of the persons being aboue the number of twelue shal be adiudged felonie and the offendors therein shall be adiudged felons and shall suffer only the execution of death as in case of felonie Raising of vnlawfull assemblies by some acts or words 34 If any person or persons vnlawfully and without authority 1. M. 12. by ringing of any bell or bels sounding of any trumpet drumme horne or other instrument whatsoeuer or by fiering of any beacon or by malitious speaking or vttering of any words or making of any outcrie or by setting vp or casting of any bils or bil or writing whatsoeuer or by any other déed or act shall raise or cause to be raised or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the things aboue mentioned that the persons to the number of twelue or aboue so raised and assembled after request or commandemēt had or giuen in forme aforesaid shall make their abode or continue together as is aforesaid or vnlawfully and in forcible manner perpetrate doe commit or put in vre any the acts or things abouesaid Then all and singular persons by whose speaking deed act or any other the meanes aboue specified any persons to the number of twelue or aboue shall be raised or assembled for the doing committing or putting in vre of any the acts or things aboue mentioned shal be adiudged for his so speaking or doing a felon shall suffer executiō of death as in
adiudged Felonie or Trespasse according to the law of the land in auncient time vsed and according as the case doth require And if in such case or any like the Iustices haue adiudged it Treason before this time and there by the offendors lands and tenements haue come into the kings hands as forfeit the chiefe Lords of the fée shal haue their Escheats of those tenements which be holden of them whether the same tenements be in the hands of the King or of any other by gift or in other manner sauing to our Lord the King the yeare and wast and the forfeiture of the chattels which doe belong vnto him in the cases aforesaid And in such cases writs of Scire facias shal be awarded against the tenants of the land without any other originall and without allowing the kings protection in the same suit And touching those lands which be in the kings hands there shal be writs granted to the Sherifes of the Counties where the lands be to deliuer them out of the kings hands without delay 2 By which statute it doth appeare that there be two sorts of Treason by the auncient common lawes of this Realme viz. High Treason and Petit Treason High treason High Treason when any of the grieuous offences aforesaid be done or attempted to the vniuersall and generall Maiestie of gouernment that is to say to the bodie of the whole Commonwealth or to the King the head ruler and directer thereof Petit treason in his person wife issues or authoritie Petit Treason is when the bloudie and grieuous offence of wilfull murder is done and committed by an inferiour person and one in subiection to another that hath a dominion or a kind of Maiestie in gouernmēt ouer the same partie And though sithence the before mentioned Statute of 25. Ed. 3. diuers other offences haue béene made Treason by the Statutes of 21. R. 2. 3. H. 5. 4. H. 5. 8. H. 6. 14. H. 6. 20. H. 6. 4. H. 7. 22. H. 8. 26. H. 8. 27. H. 8. 28. H. 8. 31. H. 8. 32. H. 8. 33. H. 8. 35. H. 8. 1. Ed. 6. yet euerie of the succéeding ages were soone wearie of the sayd new Treasons and thought that the grieuous paines and most hainous punishments of them were too heauy and vnsupportable for the Subiects of this Realme to endure As the Lords and Commons in the Parliament holden Anno 4. St. 4. H. 4. 10 H. 4. 10. did complaine that diuers paines were ordained to be Treason by the statute of 21. R. 2. insomuch that no man did know how he ought to behaue himselfe to doe to speake or say for doubt of such paines and thereupon it was enacted That in no time to come any treason shall bée adiudged otherwise than was ordained by the Statute of 25. Ed. 3. And long time after the makers of the statute of Anno 1. Mar. considering and rehearsing that the state of euerie King Ruler and Gouernour of any Realme Dominion or Comminaltie consisteth more assured by the loue and fauour of the subiects towards their Gouernour than in the dread and feare of lawes made with rigorous paynes and extreame punishment and that lawes iustly made for the preseruation of the Commonwealth without extreame punishment or great penaltie are more often obeyed and kept than lawes and statutes made with great and extreame punishments and in speciall such lawes and statutes so made whereby not only the ignorant vnlearned and rude people but also learned and expert persons minding honestie are often trapped and snared yea many times for words only without any other fact or déed done or perpetrated and therefore to the intent that the seueritie of such like extreame dangerous and perillous laws might be abolished A repeale of former treasons and adnulled St. 1. M. by the said statute of Anno 1. M. Parl. 1. it was ordained That from thenceforth none act déed or offence being by act of Parliament or stat made Treason Petit Treason or Misprisiō of Treasō by words writing ciphering déeds or otherwise whatsoeuer shal be taken had déemed or adiudged to bee High treason Petit treason or Misprisiō of treason but only such as be declared expressed to be high Treason Petit treason or Misprision of Treason in or by the stat of 25. E. 3. concerning Treason or the declarations of Treasons and none other Nor that any paines of death penalty or forfeiture in any wise ensue or be to any offendor or offendors for the doing or committing of any Treason Petit Treason or Misprision of Treason other than such as bée in the said stat of 25. E. 3. ordained and prouided By force of which stat made Anno 1. M. the subiects of this Realme were eased and vnburdened of al acts déeds and offences made or declared to be treason by the space of two hundred and more years before Or as it may more aptly be said of all offences made Treason by any stat or act of parliament whatsoeuer But sithence the stat of repeale made Anno 1. M. there haue béen diuers other offences made or declared to be treason by the stat of An. 1. M. 6. 1. 2. P. M. 11. 5. El. 11. 18. Offences made treason by Statutes El. 1. 5. El. 1. 13. El. 2. 23. El. 1. 27. El. 2. 3. Iac. 4. whereof the first foure were but as an addition augmentation enlargement or exposition of the before specified Treasons ordained by the common law or declared by the foresaid stat of 25. E. 3. All which said last mentioned Treasons I will set downe and expresse verbatim after I haue somewhat more particularly expressed how the Sages and Iudges of this Realme haue construed and expounded seueral branches of the said statute of explanation made Anno 25. Ed. 3. 3 The foresaid statute of 25. Ed. 3. doth confirme it to be high treason for any person to compasse or imagine the death of our Soueraigne Lord the K. the Quéen c. by which words it doth approue what a great regard and reuerend respect the common law hath alwayes had to the person of the K. which it hath endeuored religiously carefully to preserue as a thing consecrated by almightie God and by him ordained to be the head health wealth of the kingdome and therefore it hath ingrafted a déepe and setled feare in the hearts of all sorts of subiects to offer violence or force vnto it vnder the paine of high treason Leges Aluredi cap. 4. Co. li. 4. 124 in somuch as if he that is non compos mentis do kil or attempt to kill the K. it shal be adiudged in him high treason though if he do cōmit petit treason homicide or larceny it shall not be imputed vnto him as felonie for that hee knew not what he did neither had he malice prepenced nor a felonious intent And this law doth not only restrain al persons from laying
St. 16. R. 2. 5 shall incurre the paines and penalties containeâ—â—n the Statute of Premunire made Anno 16. Ri. 2. 17 Because diuerse persons euill affected had practised contrarie to the meaning of the foresaide Statute of 13. Elizab. 2. by other meanes than by Bulles or Instruments written or printed to withdrawe seuerall of the Quéenes subiects from their naturall obedience to her Maiestie to obey the vsurped authoritie of the Bishop of Rome and in respect of the same to perswade great numbers to withdrawe their due obedience to her Maiesties Lawes established for the due seruice of God Perswading to the Romish religion For reformation whereof St. â— 3. Eli. 1 and to declare the true meaning of the same Lawe by a Statute made Anno 23. Elizab. 1. it was declared and enacted That all persons whatsoeuer which haue or shall haue or shall pretend to haue power or shall by any wayes or meanes put in practise to absolue perswade or withdrawe any of the Quéenes subiects or any within her Realmes or Dominions from their naturall obedience to her Maiestie or to withrawe them for that intent from the Religion now by her Highnesse authoritie established within her Highnesse Dominions to the Romish Religion or mooue them or any of them to promise any obedience to anie pretended authoritie of the Sea of Rome or of anie other Prince State or Potentate to be had or vsed within her Dominions or shall doe anie ouert Act to that intent or purpose and euerie of them shall be to all intents adiudged to be traitours and being thereof lawfully conuicted shall haue iudgement suffer and forfeit as in case of high Treason And if any person shall by any meanes be willingly absolued or withdrawen as aforesaide or willingly be reconciled Being perswaded to the Romish Religion or shall promise anie obedience to any such pretended authoritie Prince State or Potentate as is aforesaide Then euerie such person and persons their Procurers and councellors thereunto being thereof lawfully conuicted shall be taken tried and iudged and shall suffer and forfeit as in cases of high Treason And for the further confirmation and explanation of the saide Statute of Anno 23. Elizab. 1. and for a more augmentation thereof in some sort there was an other Statute made Anno 3. St. 3. Iac. 4 Iacob 4. whereby it was enacted That if any person or persons shall either vpon the Seas or beyond the Seas or in any other place within the Dominions of the King his heires or successours put in practise to absolue perswade or withdrawe any of the Subiects of the King his heires Practising to absolue or reconcile to the Romish Religion or successours of this Realme of England from their naturall obedience to his Maiestie his heires or successours Or to reconcile them to the Pope or Sea of Rome or to mooue them or any of them to promise obedience to anie pretended Authoritie of the Sea of Rome or to any other Prince State or Potentate Then euery such person and persons their Procurors Aidors Councellors and Maintainors knowing the same shall be to all intents adiudged Traitours and being conuicted shall haue iudgement suffer and forfeit as in case of high Treason And if any such person as is aforesaide either vpon the Seas or beyond the Seas or in anie other place within the Dominions of the King his heires or successours shall be willingly absolued or withdrawen as aforesaide or willingly reconciled or shall promise obedience to anie such pretended authoritie Prince Absolued or reconciled State or Potentate as is aforesaide Euery such person and persons their Procurers Councellours Aidors and Maintainours knowing the same shall be to all intents adiudged Traitours and being conuict shall haue iudgement suffer and forfeit as in case of high Treason But this Clause touching Reconciliation shall not extend to anie person which shall bée reconciled to the Pope or Sea of Rome that shall returne into this Realme and within sixe daies after his returne A reconciled person submitteth before the Bishoppe of the Diocesse or two Iustices of the Peace of the Countie where hée shall arriue shall submit himselfe to the King and his lawes and take the othe of Supremacie ordained Anno 1. Eliz. 1. and the othe set downe in this Act. 18 Whereas diuerse persons called or professed Iesuites Seminarie priests and other priests made beyond the Sea according to the order of the Romish Church haue come and béene sent into this Realme of purpose not onely to withdraw the Quéenes subiects from their due obedienes to her Maiestie but also to mooue sedition rebellion and open hostilitie within her Highnesse Dominions For reformation whereof by a Statute made Anno 27. Elizab. it was enacted That it shall not be lawfull to Iesuites and Priests shall not come into this Realme or for any Iesuite Seminarie Priest or other such Priest Deacon or other Religious or Ecclesiasticall person whatsoeuer St. 27. 2 E. 2 being borne within this Realme or any of the Dominions thereof and héeretofore since 24. Iun. Anno 1. reginae Eliza. made ordained or professed or héereafter to be made ordained or professed by any authoritie or iurisdiction deriued challenged or pretended from the Sea of Rome by or of what name title or degrée soeuer the same shall be called or knowen to come into be or remaine in any part of this Realme or any Dominions thereof other than in such cases and vpon such speciall occasions onely and for such time onely as is expressed in this Act viz. if he be so weake and infirme of body that hée cannot passe out of this Realme And if hée doe then euery such offence shall be adiudged high Treason And euery person so offending shall for his offence be adiudged a Traitor and shall suffer loose and forfeit as in case of high Treason 19 By a Statute made Anno 27. Elizab. it was established That if any the Quéenes subiects not being a Iesuite Seminarie Priest St. 27. El. 2. or other Priest Deacon or Religious or Ecclesiasticall person as is before mentined now being or which héereafter shall be of or brought vp in any Colledge of Iesuites Seminarie persons shall retire into England or Seminaries already erected or ordained or héereafter to be erected or ordained in any parts beyond the Seas or out of this realme in any forraine parts shall not within sixe moneths next after Proclamation in that behalfe to be made within the citie of London vnder the great Seale of England returne into this Realme and thereupon within two dayes next after such returne before the Bishop of the Diocesse or two Iustices of peace of the County where hée shall arriue submit himselfe to her Maiestie and her Lawes and take the Othe set foorth Anno 1. Elizab. 1. Then euery such person which shall otherwise returne come into or be in this Realme or any other the Dominions thereof for
such offence of returning or being in this realme or c. without submission as is aforesaid shall be adiudged a Traitor and suffer and loose and forfeit as in case of high Treason 20 Hauing treated of Treasons generally and first shewed which be high Treasons and which petit Treasons by the common lawe and which be made treasons by Statutes It resteth that I declare what is Misprision of treason how many sortes thereof there be and what is the penaltie or punishment of the offendors therein What misprision of treason is Misprision of treason or felony is most properly when any person doth vnderstand or know that another person hath committed treason or felony and he will not disclose it to the King or his Councell or to some Magistrate that it may be repressed and punished but doth conceale it Bracton writeth Bracton de Corona cap. 3 That if any man doth know another to be guilty of a treason or to be vehemently suspected thereof he ought presently and without any delay come to the King if he can or send to him if he be not able to come or to some other néere about the King and to declare euery thing in order he ought not tarrie in one place two daies or two nights before he doth sée the Kings person neither must he attend any other busines be it of neuer so great importance for hée is scarcely allowed to looke backe because if he doe delay and conceale the matter for a time he shall be accounted a manifest deceiuer of the King and as consenting and agreeing to the offence whether the partie which is accused be his familiar friend or a stranger and if he would after accuse the offendor he shall not be heard vnlesse he can prooue that he was hindered vpon good cause And to the intent it might be certainely knowen what misprision of treason is the Statutes of 5. 6. Ed. 6. St. 5. E. 6. 11 1. 2. P. M. 10. and 1. 2. Ph. M. haue defined it in this manner viz. concealement or kéeping secret of any high treason shal be déemed and taken only misprision of treason the offendors therein to forfeit and suffer as in cases of misprision of treason as héeretofore hath béene vsed The forfeture in misprision And in all cases of misprision of treason the offendor shall forfeit to the King his goodes and his lands during this life 2. R. 3. 10. and he shall be imprisoned during his life And euery treason or felony doth include Misprision so that where any person hath committed treason or felony the King if hée will may cause the offendor to be indicted and arraigned but of misprision But some other offences partly by the common Lawe and partly by Statute be misprision of treason besides concealement or kéeping secret of treason which be héereafter expressed 21 By reason that diuers euill disposed persons as well without this Realme as within were boldened to counterfait and forge such kinde of golde and siluer and vtter the same in the Realme as is not the proper coine of this Realme nor currant in paiment in this Realme because before there was no condigne punishment prouided for such offences For the redresse whereof St. 14. El. 3 by a Statute made Anno 14. Elizab. 3. it was enacted That if any person or persons shall héereafter falsely forge Counterfaiting of money not currant or counterfait any such coine of golde or siluer as is not the proper coine of this Realme nor permitted to be currant within this Realme Then euery such offence shall be déemed and adiudged Misprision of high Treason And the offendors therein their procurors aiders and abettors being conuicted according to the Lawes of this Realme of such offences shall be imprisoned and forfeit such Landes goodes and Chattells as in cases of Misprision of treason for concealement of treason S. Br. 6. St. 23. Eli. 1 22 By the Statute made Anno 23. Elizab. 1. Aiding of perswaders to Romish religion it is enacted and declared That all and euerie person and persons that shall wittingly bée Aidors or Maintainors of such persons as shall offend in perswading or reconciling to the Romish Religion or in being reconciled thereunto or in any of the same offences knowing the same or which shall conceale any of the saide offences and shall not within twentie daies at the furthest after such persons knowledge of such offence disclose the same to some Iustice of Peace or other higher officer shall be taken tried and iudged and shall suffer and forfeit as offendors in misprision of Treason S. Br. 17. Concealing of reconciliation offered 23 By the Statute made Anno 13. Elizab. 2. it was ordained St. 13. Eli. 2. That if any person or persons to whom anie absolution reconciliation bull writing or instrument obtained from the Bishop of Rome or any of his successors or from any other claiming authoritie from or by them shall be offered mooued or perswaded to be vsed put in vre or executed shall conceale the same offer motion or perswasion and not disclose and signifie the same by writing or otherwise within sixe wéekes then next following to some of the Quéenes priuie Councell or to the president or vicepresident established in the North or the Marches of Wales for the time being Then the same person or persons so concealing shall incurre the penaltie and forfeit of misprision of high Treason But no person or persons shall be troubled in or for misprision of high Treason for any offence made Treason by this Act other than such as by this Act before are declared to be in case of misprision of high Treason S. Br. 16. Recording an indictment not found 24 If a Iustice of Peace doe inroll a bill of indictment not found by the Countrey amongst other indictments which be found 2. R. 3. 10. This is a great misprision and fineable and he shall loose his office Drawing a sword to strike a Iustice 25 If one draw his sword to strike a Iustice assigned Mi. 22. Ed. 3 13. sitting in place of Iudgement this is misprision of Treason and the offender being indicted and found guiltie thereof shall haue iudgement to forfeit his landes and chattels to haue his right hand cut off to be perpetually imprisoned for that the Iustice assigned by the Kings Commission to execute iustice sitteth in the place and stead of the King and so the offender opposeth himselfe against the King and the office of iustice Striking a Iuror in a Iustices presence 26 If in the presence of a Iustice assigned M. 19. Ed. 3. Fitz. Iudgement 174. one doe strike a Iurour that is returned vpon an Enquest this is misprision of Treason and the offender being indicted thereof shall haue iudgement to loose his lands and goodes to the King to haue his right hand stricken off and to be committed to perpetuall prison
of England for the time beeing and offer to trauerse the said indictment or Appel whereupon the said Outlawrie shal be pronounced then he shal be receiued to the said trauerse being thereupon found not guiltie by verdict of xij men he shal be cleerely discharged of the said Outlawrie and of all penalties and forfeitures by reason of the same as though no such Outlawrie had bin made And it is to be noted h. 12. El. Dyer 287. that the foresaid two Statutes doe extend to offendors in any manner of Treasons by the Common law or Statute and not to those onely which were declared to be Treasons by the Statute of 25. Edw. 3. 32 For the spéedie triall and punishment of such persons as shall commit any manner of Treasons within the Principalitie of Wales and the Marches of the same or elsewhere within the Kings dominions where his originall Writs in the Chauncerie of England commonly runne not by a Statute made Anno 32. H. 8. it was enacted That all such Treasons and Misprisions of Treasons as is aforesaid Triall of treasons committed in wales shall be presented St. 32. H. 8. 4. and tried by the oathes of twelue men inhabiting within any such Shires and before such commissioners as the King from time to time in such cases shall assigne and appoint by his Commission or Commissions of Oyer Determiner in like manner forme as if such Treasons or misprisions of treasons had bin done and committed within such of the said Shires into the which the said Commissions of Oyer and Determiner shall bée directed as is aforesaid And all Presentments Trials Processes Iudgements Executions and forfeitures hereafter to be had made or done by vertue of such Commissions shal be good and effectuall in the law to all purposes Any graunt custome or vsage to the cōtrarie notwithstanding c. After that by the Statute made an̄ 1. 2. P. M. it was enacted That all trials hereafter to be had St. 1. 2. P. M. 10. awarded or made for any Treason shal be had and vsed onely according to the due Order and Course of the common law of this Realme not otherwise Quaere whether this Statute of 1. 2. P. M. doth repell or take away the force of the before rehearsed Statute of 32. H. 8. St. 33. H. 8. 20. 33 By a statute made an̄ 33. H. 8. it was established The force of attainder of treason by the common law That if any person or persons shal be attainted of high Treason by the course of the common laws or statutes of this Realme in euery such case euery such attainder by the cōmon law shal be of as good strēgth value force effect as if it had bin done by authoritie of Parliament And the king his heires and successors shall haue as much aduantage by such attainder as well of vses rights entries conditions and possessions reuersions remainders and all other things as if it had béene done and declared by authoritie of Parliament and shal be deemed and adiudged in actuall and reall possession of the lands tenements hereditaments vses goods chattels and all other things of the offendors so attainted which his Highnesse ought lawfully to haue and which they so béeing attainted ought or might lawfully loose and forfeit if the attainder had béene done by the authoritie of Parliament without any office or inquisition to be found of the same Any Law Statute c. notwithstanding Sauing to all and euery perfect and persons and bodies politique and their heires assignes and successors and euery of them other than such person and persons which shall be attainted of high Treason and their heires and assignes and euery of them and all and euery other person and persons claiming by them or any of them or to the vses of any of them after the said Treasons committed all such right title vse possession entrie reuersions remainders interests conditions fees offices rents annuities commons leases and all other commodities profits and hereditaments whatsoeuer they or any of them should might or ought to haue had if this Act had neuer bin made 34 Because through corruption or negligent kéeping the Records of attainders of Treasons happen to be many times impaired blemished or otherwise to be defectiue St. 29. El. 2. therefore by a Statute made an̄ 29. El. it was ordained That no Record of attainder that now is of any person or persons No record of attainder shall be reuersed when the offendor is executed of or for any high Treason where the partie so attainted is or hath béene executed for the same Treason shall by the heire or heires of any such person or by any other whatsoeuer clayming in by from or vnder any such heire or heirs be in any wise hereafter reuersed vndone auoyded or impeached by any plea or for any error whatsoeuer But this Act shall not extend to any Record of attainder of or for any treason vpon which any writ of Error is now depending or which Record is already reuersed repealed or vndone by or for any error matter plea or cause whatsoeuer but the same shall be and remaine as vnto and against that partie at whose suit the same writ of Error is depending or at whose pursuit the same Record hath bin reuersed repealed or vndone his their heires and assignes onely as if this Act had neuer beene had or made Any thing in this Act c. M. 33. H. 8. Dyer 50. 35 If an offence be murder or other felonie by the common lawe Felony made treason by Statute and after the same offence shal be made treason by a Statute Then it is not punishable as murder and felonie but as Treason And no appeale will lie thereof and the Kings pardon of all Treasons will discharge the offendor therein An English traitor subiect to another prince 36 If an English man borne beeing indicted of high Treason P. 13. El. Dyer 300. will vpon his arraignment plead that he will not answer to the said indictment for that he is a subiect and seruant to a forraine Prince and not subiect to the King of England in this case the Court will record a Nihil dicit and he shall haue such iudgement as is vsed in cases of Attainder of Treason An alien borne committeth treason 37 If an alien borne doe commit high Treason in England in the time of peace betwéen England and that Nation where the same alien was borne P. 3. 4. P. M. Dyer 140. H. 33. H. 6. 1 he shal be indicted and arraigned of high treason and shall haue iudgement according to his desert But if it were in the time of warre betwéene England and that nation where the said alien was borne then the alien shall be ransomed and not arraigned Ioyning the kings armes with his owne 38 An Earle of this Realme was attainted of high treason
his life and safetie is oppressed therewith and dieth Or where two men doe run at Tilt Iust or fight at Barriers together by the Kings commandement and one of them doth kill another in these cases the like the offēces shal be adiudged as homicide by misaduēture P. 11. H. 7 33. But if a mā being in doing of an vnlawful act as casting of stones into a high way where men doe vsually passe or shooting of arrowes into a Market or other place whither men doe vsually resort or fighting at Barriers or running at Tilt or Iustes with others without the kings commandement P. 11. H. 7. 23 whereby a man is slaine in these last specified cases it is felonie at the least viz. manslaughter if it be not murder for the offendor beeing doing of an vnlawfull act by his owne will the law will construe his meaning and will therein by the successe of the act As if two men be fighting together and a third man commeth to part them he is slaine Fitz. Cor. 262. 22. Ass p. 71 by one of those two without any malice prepenced or euill intent in him that slue him this is murder in him that killed him and not Homicide by misaduenture because they both that fought together were doing of an vnlawfull act And if they both that did fight together 2. 3. P. M. Dyer 128. came thither with malice prepenced one intending to kill the other then is it murder in them both The like order in misaduenture as in his owne defence 20 The same order shal be obserued in the pleading verdict forfeiture and pardon of one which killeth another by misaduenture as shal be of him who slayeth another in his owne defence St. 6. Ed. 1. 9 And the before rehearsed Statute of Gloucester shall extend as well to the one as to the other Homicide by murder or manslaughter 21 Homicide by murder is when one man vpon malice prepenced doth kil another feloniously And because it should be certainly knowne to all persons which offences should be adiudged murder by a Statute made at Marlbridge Anno 52. H. 3. it was ordained St. 52. H. 3. 26. That murder from henceforth shall not be iudged before the Kings Iustices What is murder where it is foūd misfortune onely but murder shal be intended vpon them which bee feloniously slaine viz. with a premeditate and malitious mind Pl. com 261 And some doe define murder to be a secret killing of one man by another none being present nor none knowing thereof But if one man kill another vpon malice prepenced the law doth not respect whether he doe kill him secretly or openly or whether he that was slaine be an English man or other countrie man so that he liued vnder the Kings protection Neither doth the law regard who gaue the first blow for though he that was slaine did strike the first blowe yet if he were slaine vpon malice prepenced it shal be adiudged murder in him that killed him What is manslaughter And manslaughter otherwise called Chance medley is when two doe fight together vpon the suddaine Pl. com 261 without any malice precedent and one of them doth kill the other in which case the offendor shall haue his Clergie The name of murder 22 The name of murder is an old and auncient terme and it is the rather continued to make a difference betwéen Homicide committed by Chance medley and Homicide committed by malice prepenced And therefore if a man be indicted of murder Murder more grieuous than felonie a pardon of al felonies wil not excuse discharge him as it appeareth by the Statute of an̄ 13. R. 2. which hath ordained St. 13. R. 2. 1 Stat. 2. S. Pardon 5 That no charter of pardon shal be allowed before any Iustice for murder for the death of a man slaine by a wait assault or malice prepenced Treason or Rape of a woman vnlesse the same murder c. be specified in the same Charter For murder is a more grieuous and hatefull offence in the hearts and eares of men than other felonies be And yet if a Commission be granted to certaine persons to enquire of all felonies they may thereby take indictments of murder Kel fol. 91. though a pardon of all felonies will not auaile him who hath committed murder but that is in respect of the Statute aforesaid St. 1. E. 6. 12 23 By a Statute made Anno 1. Ed. 6. it was ordained Wilfull poysoning That all wilful killing by poysoning of any person or persons that at any time hereafter shall be committed or done shall be adiudged and taken wilfull murder of malice prepenced and that the offendors therein their aydors abettors procurers and councellours shall suffer death and forfeit in euery behalfe as in other cases of wilfull murder of malice prepenced 24 To the end that stabbing and killing men on the sodaine done by many inhumane and wicked persons in the time of their rage drunkennes hidden displeasure or other passion of minde may be from henceforth restrained thorough feare of due punishment to be inflicted on such cruell and bloodie malefactors who heretofore haue béene thereunto imboldened by presuming on the benefite of Clergie St. 1. Iac. 8. Therefore by a Statute made Anno 1. Iac. it was enacted That if any person or persons shall stabbe Stabbing to death wilfull murder or thrust anie person or persons that hath not then a weapon drawen or hath not then first stricken the partie which shall so stabbe or thrust so as the person or persons so stabbed or thrust shall die within the space of sixe moneths then next following although it cannot be prooued that the same was done of malice forethought yet the party so offending and being therof conuicted by verdict of xii men confession or otherwise according to the lawes of this realme shall be excluded from the benefite of his or their Cleargie and suffer death as in case of wilfull murder Prouided alwaies that this Act shall not extend to any person or persons which shall kil any person or persons se defendendo or by misfortune or in any other manner than as is aforesaide nor shall extend to any person or persons that in kéeping and preseruing the peace shall chaunce to commit manslaughter so as the said manslaughter be not committed wittingly willingly and of purpose vnder colour or pretence of kéeping of the peace nor shall extend to any person or persons which in chastising his childe or seruant shall besides his or their intents or purpose chance to commit manslaughter Co. l. 4. 40. 25 If vpon a fray made the Constable with others to assist him Constable or other is slaine in parting of a fray do come to part the fray and to preserue the peace and in doing of his office the Constable or any of his assistants shal be slaine this is wilfull
who was accessarie before the birth of the childe and the murder done was adiudged to continue accessarie after the murder done and to suffer death without the benefit of his Clergie Fitz. Cor. 383 30 If a man intending the death of another Meaning without act is not homicide doth beate him so gréeuously that he doth leaue him by all the beholders iudgement thought to be dead and then doth flie away and after the other doth reuiue and liue this is not felony in him that did that violence though it doth plainely appeare that hée had a meaning to kill him for it is not felony except the partie stricken be indéede killed and die within a yéere and a day after the stripes giuen But on the other side if one man doe strike another with intent onely to beate him yet if hée die of this battery within a yeare and a day after it is felonie in him that did strike him For though as Bracton affirmeth Act without meaning is homicide the old Lawe of this Realme did hold Quod in maleficijs spectatur voluntas non exitus nihil interest vtrùm quis occidat an causam mortis praebeat But now we say Lex antiqua mutatur and doe affirme Quod exitus in maleficijs spectatur non voluntas duntaxat Co. l. 4. 40. 31 A man brought drinke to another that was mingled with poison Homicide by giuing poisoned drinke to another and aduised him to drinke it telling him that it would be a meane to procure him to get a childe of his wife by reason of which perswasion he to whom that poisoned drinke was brought did receiue it after drunke it in the absence of him who brought it vnto him and shortly after died In this case hee that brought the drinke was adiudged a principall murderer though he was not present at the time of the receipt of the drinke or otherwise he shoulde haue beene guiltie of that horrible offence and yet haue escaped vnpunished for there was none in this case to whom hee could be accessarie And so note this for a speciall case where a felonie is committed and neither principall nor accessarie be present at it Many doe attempt an vnlawfull acte and one of them committeth homicide 32 If seuerall persons assemble together to doe a disseisin Fitz. Cor. 350. 11. H. 4. 13. to breake a house or commit any vnlawfull act and of them killeth a man he and all the other shal be adiudged principall fellons because they all came to doe an euill acte though not that act As if they all had come to haue killed or robbed one man and after they killed or robbed an other Homicide by carying abroad 33 A man was indicted that he did feloniously carry his owne father being sicke against his will in a frostie and colde time from one towne to an other whereof he died and this was adiudged felony in him 2. Ed. 3. 18 for in this case the sonne had a meaning that his fathers life should be shortened and he brought to his death A man dieth in the hands of a Phisition or Surgion 34 If a phisition ar surgion hath a man in his cure Fit cor 163 who dieth being in his cure or at any time after this is not felony in the same phisition or surgion bicause he did not any thing to his patient with a felonious intent but against his will And moreouer it is not to be discerned whether the man came to his death by any willfull default in the said Phisition or Surgion or by his former infirmitie or other cause Homicide vpon the euill wordes of an other 35 Anno. 3. Ed. 3. Itin. North Fit cor 331 it was presented that through the euill wordes of a woman two men did fall out and fought and one of them killed an other and this was adiudged felony in the woman But it must be intended that the woman by her words did perswade councell or aduise them or one of them to fight with the other and so was accessarie before the felonie committed Homicide by a franticke man 36 A man that is franticke though he kill an other man M. 21. H. 7. 13. Fitz. forf 33 Fi. Dower 183. Fitz. N. b. 202. d Fitz. cor 193 351. Co. l. 4. 42 26. Ass p. 27 Plow com 19. Co. l. 4. 125 cannot commit murder for he hath not a felonious intent nor doth carrie within him malice prepenced to any neyther doth know what he doth And therefore he is not to be arraigned for the killing of a man in his Lunacie though after hee doth recouer his memorie neither shall he be inforced to sue for his pardon And the same law is of a man that is deafe and dumbe who can not commit murder for he hath not a felonious intent neither doth he know what hee doth And therefore if he kill a man he shall not be arraigned thereof nor driuen to sue for his pardon But if a man that is drunke doe in his drunkennes kill an other man it is felony and he shal be hanged therefore for it is voluntarie ignorance in him to be drunke Homicide by an Infant 37 An Infant of the age of twelue yeares 3. H. 7. 2. 12. 12. Aff. p. 30 or aboue may commit murder and so may an Infant of the age of eight or nine yeares if it may appeare by hiding of the person slaine or by any other act that the aboundance of his malice doth excéede the tendernes of his yéeres But if an enfant of tender and yonger yéeres doe kill a man this is no felonie because he wanteth discretion and vnderstanding Pl. com 19. and the Lawe will impute it to the ignorance which commeth to him by nature Fit cor 311. 38 If a man hath a beast that is accustomed to doe hurt Homicide by a beast and the owner knowing thereof doth not tie him or otherwise kéepe him fast shut vp but suffer him to goe at libertie and after that beast killeth a man this is felony in the owner for by his sufferance of the beast to goe at libertie the owner doth seeme to haue a will to kill or that hée vsed this beast as an instrument wherewith to kill And this was a Lawe ordained by Alured Alured king of the West Saxons Fit cor 263 22. Ass p. 94 39 To make it Homicide it is requisite that the partie killed be in Esse In homicide the party killed must be in Esse viz. in rerum natura for if a man kill an infant in his mothers wombe this is no felonie neither shall he forfeit any thing for it and that for two causes the one because the thing had no name of Baptisme the other for that it is hard to iudge if the infant died of that batterie or not or vpon some other cause Wherefore a man being indicted in
the rauishment of women Rauishment of a woman therefore by the stat of West 2. St. 13. E. 1. 33 it was enacted That if any man from henceforth rauish any woman maried maid or other woman where she doth not consent neither before nor after he shall haue iudgement of life of member and likewise where a man rauisheth a woman married lady damsell or other with force although she consent afterward he shal haue such iudgement as before is said if he be attainted at the K. suit for the K. shall haue the suit Abusing a woman vnder x. yeres of age 3 By a stat made An. 18. El. it was ordained St. 18. El. 6 That if any person shall vnlawfully carnally know abuse any woman child vnder the age of x. yeares euery such vnlawfull carnall knowledge shal be felony the offendor thereof being duly conuicted shall suffer as a felon without allowance of clergy The forf for consenting to a rape 4 By a statute made An. 6. R. 2. 6. it was ordained St. 6. R. 2. 6. That wheresoeuer and whensoeuer ladies daughters and other women be rauished and after such rape do consent to such rauishers that as wel the rauishers as they that be rauished euery of them be froÌ„ henceforth disabled by the same déed vnabled to haue or challenge heritage dower or ioint feoffemeÌ„t after the death of their husbands and auncestors and that incontinently in this case the next of the blood of those rauishers or of them that be rauished to whom such heritage dower or ioint feoffemeÌ„t ought to reuert remaine or fall after the death of the rauisher or of her that is so rauished shall haue title incontinently that is to say after the rape to enter vpon the rauisher or her that is rauished and their assignes and land tenants in the same heritage dower or ioynt feoffement and the same to hold in a state of heritage and that the husbands of such women if they haue husbands or if they haue no husbands in life that then the fathers or other next of their bloud haue from henceforth the suit to pursue and may sue against the same offendors and rauishors in this behalfe And to haue them thereof conuict of life and of member although the same women after such rape do consent to the said rauishers And further it is accorded that the def in this case shall not be receiued to wage battell but that the truth of the matter be thereof tried by inquisition of the countrey sauing alwayes to our soueraign lord the K. and to other lords of the said realme al their escheats of the said rauishers if peraduenture they be thereof conuict A woman rauished conâ—eiued with child By the opinion of Britton Britton if a woman at the time of the supposed rape doe conceiue with child by the rauisher this is no rape because a woman cannot conceiue with child if she doe not consent It is a good plea in an appeale of Rape to say that before the rauishment supposed Bracton he kept and vsed the plaintife as a Concubine Or to plead A Concubine that though he lay with her yet he did not carnally know her for that is the force of the declaration in an appeale of Rape T. 9. E. 4. 26 If a man shal be charged with a Rape by the way of indictmeÌ„t or otherwise he ought to be charged expressely by this word Rapuit and not by any other words This word Rapuit necessary in an indictment notwithstanding they doe amount to as much as this word Rapuit doth as carnaliter cognouit or such like S. Appeales 81. 85. St. 3. H. 7. 2 5 By a statute made Anno 3. H. 7. it is ordained Taking a woman against her will That if any person or persons shall take any maid widdow or wife which hath any lands or goods or is heire apparant to her auncestor against her will vnlawfully such taking procuring and abbetting to the same and also receiuing wittingly the same woman so taken against her will and knowing the same shal be felony and such misdoers takers and procurers to the same and receiuers knowing the offence in forme aforesaid shal be reputed and iudged as principal felons But this act doth not extend to any person taking any woman onely clayming her as his ward or bondwoman St. 39. El. 9. And by a statute made An. 39. El. it was enacted That all and euery such person persons as shall be conuicted or attainted for any offence made felony by the said act of 3. H. 7. or which shal be indicted or arraigned of or for any such offence and stand mute or make no direct answer or challenge peremptorily aboue the number of twenty shal in euery such case loose his and their benefit of clergy No Clergy allowed and shall suffer paines of death without clergy any former law c. notwithstanding Prouided alwaies That this act shall not extend to take away the benefit of Clergy but onely from such person and persons as hereafter shal be principals or procurers or accessaries before such offence committed St. 8. El. 3. 6 By a statute made AnnÌ„ 8. El. it was enacted Transporting of shéepe That no person or persons shall bring deliuer send receiue or take or procure to bee brought deliuered sent or receiued into any shippe or bottome any Rammes Shéepe or Lambes or any other kind of Sheepe being aliue to be conueyed out of any of the Quéenes dominions vpon paine that euery such person his aidors abbettors procurors and comforters shall for his first offence forfeit all his goods for euer to the Quéene and Informer that will sue for them in any Court of Record wherein no W. E. P. c. And further euery such offendor shall suffer imprisonment one whole yeare without baile or mainprise and at the yeares end shall in some market Towne in the fulnesse of the Market on the Market day haue his left hand cut off and that to be nailed vpon the openest place of such Market The second offence felony And euery person eftsoones offending against this statute shal be iudged a felon and shal suffer death as in cases of felony But this act shall not extend to any corruption of blood or be preiudiciall to any women claiming dower by or from any such offendor And the Iustices of Oyer Determiner Iust of Gaole deliuery and I. of P. in euery Countie and Shire within this Realme of England and Wales and other the Qu. Dominions shall haue full power and authoritie by vertue of this Act to enquire of euery offendor and offendors contrary to the forme and effect of this act and to heare and determine euery offence and offences committed done contrary to the forme and effect of the same according to the course of the laws of this Realme 7 For as much as
diuers euill disposed persons being married did run out of one countrey into another or into places where they were not knowne and there became to be maried hauing another husband or wife liuing to the great dishonor of God vtter vndoing of diuers honest mens children and others therfore by a stat made anÌ„ 1. Felony in marying vntill the former husband or wife be dead Iac. it was enacted St. 1. Iac. 11 That if any person or persons within his Ma. dominioÌ„s of England Wales being maried or which hereafter shall marry do marry any person or persons the former husband or wife being aliue that then euery such offence shal be felony and the party parties so offending shall receiue such the like procéeding triall and execution in such county where such person or persons shal be apprehended as if the offence had bin committed in such county where such person or persons shal be takeÌ„ or apprehended Prouided alwaies that this act shall not extend to any person or persons whose husband or wife shal be continually remaining beyond the seas by the space of 7. yéeres together or whose husband or wife shall absent him or her selfe the one from the other by the space of 7. yeares together in any parts within his Ma. Dominions the one of theÌ„ not knowing the other to be liuing within that time Prouided also that this act shall not extend to any person or persons that are or shal be at the time of such mariage diuorced by any sentence had or hereafter to be had in the Ecclesiasticall Court or to any person or persons where the former mariage hath bin or hereafter shal be by sentence in the Ecclesiasticall court declared to be void and of no effect Nor to any person or persons for or by reason of any former mariage had or made or hereafter to be had or made within age of consent No corruptioÌ„ of blood or disheritance Prouided also that no attainder for this offence made felony by this act shall make or worke any corruption of blood losse of dower or disinherison of heire or heires Infected with the plague 8 By the stat made anÌ„ 1. Iac. it was ordained St. 1. Iac. 31 That if any person or persons infected with the plague shal be by the Maior Bailifes Constables or other head officers of any City Borough Town corporat priuiledged place or Market Towne or by any I. of Peace Constable Headborough or other officer of the county if any such infection be out of any City Borough Towne corporate priuiledged place or market towne commaunded or appointed to kéepe his or their house for auoiding of further infection shall notwithstanding contrary to such commandement wilfully contemptuously goe abroad shall conuerse in company hauing any infectious sore vpon him vncured then such person persons shal be taken adiudged a felon and suffer death as in case of Felony But if such person shall not haue such sore found about him theÌ„ for his said offence to be punished as a vagabond should or ought to be by the stat made 39. El. 4. for the punishment of vagabonds and further to be bound to his or their good behauior for one yéere but no attainder of felony by vertue of this act shal extend to any attainder or corruption of blood No corruptioÌ„ of blood or forfeiture or forf of any goods chattels lands tenements or hereditaments St. 35. El. 1 St. 2. Iac. 25 9 By the stat made AnÌ„ 35. El. it was ordained That if any such offendor Abiuration by a Recusant which by the tenor effect of the said act intituled an act to retaine the Quéens subiects in due obedience is to be abiured shal refuse to make such abiuration as by the said stat is appointed Or after such abiuration shall not goe to such hauen and within such time as is appointed and from thence depart forth of the realme according to the said statute Or after his departure shall returne and come againe into any of the Q. Realmes or Dominions without her speciall licence in that behalfe first had and obtained Then in euery such case the person so offending shall be adiudged a felon suffer as in case of felony without benefit of clergy Prouided that the wife of such offendor by force of this act shal not loose her dower nor that any corruption of blood shal grow or be by reason of any offence mentioned in this act But the heire of such offendor by force of this act shall and may after the death of euery such offendor haue and enioy the lands tenements and hereditaments of such offendor as if this act had not bin made Prouided that no Popish Recusant or feme couert shall be bound to abiure by vertue of this act St. 35. El. 2. 10 By a stat made an 35. El. it was enacted That any such offendor Abiuration of a Recusant which by the tenor intent of the act made to restrain Popiâ—h Recusants to some certaine place or abode is to be abiured shal refuse to make such abiuration or after such abiuration made shal not go to such hauen and wiâ—hâ—n such time as is appointed and from thence depart out of the realme according to this act Or after such his departure shall returne or come againe into any of her maiesties realmes or dominions without her maiesties speciall licence in that behalfe first had and obtained then in euery such case the person so offâ—nding shall be adiudged a felon and shall suffer and loose as in case of felony without benefit of Clergy St. 25. H. 8 6 St. 5. Eli. 17. 11 By a stat ordained anÌ„ 25. H. 8. and made perpetuall an 5. El. it was enacted That the detestable abominable vice of Buggery Buggery committed with mankind or beast shal be adiudged felony and such order forme of proceâ— therein shal be vsed against the offendors as in cases of felony at the common law And the offendors being thereof conuict by verdict confession or â—â—iclary shal suffer such pains of death losses penaltâ—es of goods catteâ—s debts lands tenemeÌ„ts and hereditaments as felons be accustomed to do according to the order of the common law of this Realme And no person offending in such offence No clergy shall be admitted to his Clergy And I. of Peace shall haue authority within the limits of their iurisdiction and commission to heare and determine the same as they haue in cases of other felonies St. 21. H. 8. 7 St. 5. El. 10. 12 By a statute prouided An. 21. H. 8. and made perpetuall AnÌ„ 5. Seruants imbesiling their masters goods El. it was established That all and singular seruants to whom any caskets iewels money goods or cattels by his or their master or mistresse shall be deliuered to kéepe if any such seruant or seruants withdraw him or them from their
Sorcery whereby any person shall be killed destroyed wasted consumed pyned or lamed in his or her body Lex Athelstani 6. or any part thereof then euery such offendor or offendors their aydors abbettors and counsellors being of any the said offences duely and lawfully conuicted and attainted shall suffer paines of death as a felon or felons and shall loose the priuiledge and benefite of Clergie and Sanctuarie If any person or persons shall take vpon him or them by witchcraft Finding of treasure inchantment charme or sorcerie to tell or declare in what place any treasure of gold or siluer should or might be found or had in the earth or other secret places Or where goods or things lost or stollen should be found or become Declaring where goods lost should be found Prouoking to loue Destroying of any person or cattell Or to the intent to prouoke any person to vnlawfull loue Or whereby any cattell or goods of any person shal be destroyed wasted or impaired or to hurt or destroy any person in his or her bodie although the same be not effected and done Then all and euery such person and persons so offending and beeing thereof lawfully conuicted shall for the said offence suffer imprisonment by the space of one whole yeare without baile or mainprise and once in euery quarter of the said yeare shall in some market towne vpon the market day or at such time as any Faire shal be kept there stand openly vpon the Pillorie by the space of sixe houres and there shall openly confesse his or her error or offence If any person or persons being once conuicted of the same offences as is aforesaid doe eftsoones perpetrate and commit the like offence then euery such offendor being of any the said offences the second time lawfully and duly conuicted and attainted as is aforesaid shall suffer paines of death as a felon or felons and shall loose the benefite and priuiledge of Clergie and Sanctuarie sauing to the wife of such person as shall offend in any thing contrarie to this Act her title of Dower and also to the heire and successor of euery such person his and their title of inheritance succession and other rights as though no such attainder of the auncestor or predecessor had béene made Prouided alwayes That if the offendor in any the cases aforesaid shall happen to bee a Péere of the Realme then his triall therein to bee had by his Péeres as it is vsed in cases of Felony or Treason and not otherwise Hunting with Visors 30 By a Statute made Anno 1. H. 7. St. 1. H. 7. 7 it was ordained That at euery such time as any information shall be made of any vnlawfull hunting by night or with painted faces in Forrest Parke or Warren to any of the Kings Councell or to any Iustice of Peace of the Countie where such hunting shall be of any person suspected thereof It shall bee lawfull to any of the same Councell or Iustice of Peace to whom such information shall bee made to make a Warrant to the Shirife or to any Constable Baylife or other Officer of the same County to arrest and take the same person to haue him before the maker of the same Warrant or any other of the Kings councell or Iustice of Peace of the same Countie And the Counsellor or Iustice before whom such person shall bee brought shall haue power to examine him of the said hunting and of the doers thereof and if he conceale the offence or any offendor it is felony and if he confesse the truth and all that he shall be examined of and knoweth in that behalfe then the offence of hunting by him done shall be against the King but trespas fineable to be assessed at the next generall Sessions by the Iustices there And if any Rescous Rescous or disobedience be made to any person hauing authority to doe execution or iustice by any such warrant by any person which should be arrested so that execution of the same warrant be not had then the same rescous and disobedience shal be felony and the same felony shall be enquired of and determined as other felonies béene Twelue or aboue assembled together to change any law 31 By a Statute made Anno 1. Ma. 1. Eliz. it was ordained St. 1. M. 12 St. 1. El. 16 That if any persons to the number of twelue or aboue being assembled together shall intend goe about practise or put in vre with force of armes vnlawfully and of their owne authority to alter or change any lawes made or established for Religion by authoritie of Parliament which stand in force or any other Lawes or Statutes of this Realme or any of them the same number being commaunded or required by the Shirife of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Shirife Iustices of Peace or Baylifes of any Citie Borough or Towne Corporate where any such assemblies shall be vnlawfully had or made by proclamation in the Quéenes name to retire and repaire to their owne houses and habitations or places from whence they came And they or any of them notwithstanding such proclamation shall remaine and make their abode or continue together by the space of one whole houre after such commaundement or request made by proclamation or after that shall willingly in forcible and riotous manner attempt to doe or put in vre any things aboue specified then as well euery such abode or continuing together as euerie such act or offence that after such commaundement or request by proclamation had or made shall bée attempted to bée done practised or put in vre by any persons being of the number aforesaid shall be adiudged Felonie in all and singular those persons that so shall make their abode and continue together or shall attempt or commit any such act And the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felony If any persons to the sayd number of twelue or aboue shall intend Practising to destroy parks ponds conduits goe about practise or put in vre in manner and forme aforesayd to ouerthrow cut breake cast downe or digge vp the pales hedges ditches or other inclosure of any Parkes or Parke or other ground inclosed or the bankes of any Fish Pond or Poole or any Conduits for water Conduit heads or Conduit pipes hauing course for water to the intent that the same or any of them from henceforth should remaine open not inclosed or voyd Or vnlawfully to haue common or way in the sayd Parkes or Parke or other grounds or ground inclosed or in any of them or to destroy in manner and forme aforesayd the Déere in any Parkes or Parke or any Warreins or Warrein of Conies or any Doue-houses or any Fish in any Fish ponds or Poole or to pull or cut downe any Houses Barnes Mills or Bayes or to burne any stackes of corne or
graine or to abate or diminish the Rents or yearely value of any Mannors Lands or Tenements or the price of any victuals corne or graine or any other thing vsuall for the sustenance of men and béeing required and commaunded by any Iustice of Peace or by the Sherife of the Countie or by the Maior Bailife or Bailifs or other head Officers of any Citie or Towne Corporat where such assembly shall bee had by Proclamation to bée made in the Quéenes name to retire or returne in peaceable manner to their places and houses from whence they came and they or any of them notwithstanding such Proclamation shall remaine or make their abode or continue together by the space of one whole houre after such commaundement or request made by Proclamation or after shall in that forcible manner doe or put in vre any of these things last before mentioned then as well euerie such abode or continuing together as euerie such act that after such commaundement or request by Proclamation had or made shall bée done practised or put in vre by any persons béeing aboue the number of twelue shall bee adiudged Felonie and the offendors therein shall be adiudged Felons and shall suffer onely execution of death as in case of Felonie If any person or persons vnlawfully and without authoritie Raising of vnlawful assemblies by some act or words by ringing of any Bell or Bells sounding of any Trumpet Drumme Horne or other instrument whatsoeuer or by firing of any Beacon or by malitious speaking or vttering of any words or making of any outcrye or by setting vp or casting of any bills or bill or writing whatsoeuer or by any other déed or act shall raise or cause to bée raysed or assembled any persons to the number of twelue or aboue to the intent that the same persons should doe or put in vre any of the acts or things abouesaid and that the persons to the number of twelue or aboue so raysed and assembled after request or commaundement had or giuen in forme aforesayd shall make their abode or continue together as is aforesayd or vnlawfully and in forcible manner perpetrate doe commit or put in vre any of the acts or things abouesayd then all and singular persons by whose speaking déed act or any other the meanes aboue specified any persons to the number of twelue shall bée raysed or assembled for the doing committing or putting in vre any of the acts or things aboue mentioned shall bée adiudged for his so speaking or doing a Felon and shall suffer execution of death as in case of Felonie Reléeuing them which be assembled If any wife or seruant of any of the same persons or any other person whatsoeuer shall willingly and without compulsion bring send deliuer or conuey any Money Harneyes Artillerie Weapons Meat Bread Drinke or other Victuall to any person or persons so being assembled as is aforesayd during such time as hée or they shall bee so assembled together in forcible manner as is aforesaid then euerie wise seruant or other person so bringing or conueying c. any of the foresayd things to the same persons so béeing assembled together in forcible manner or to any of them and not departing to their houses or dwelling places vpon request or commaundement made vnto them as is aforesaid shal be adiudged a felon and shall suffer execution of death as in case of felonie Vnlawful assembly by xl and more If any persons to the number of fortie or more shall assemble together in forcible manner vnlawfully and of their owne authoritie to the intent to execute doe or put in vre any of the things aboue specified or to do other felonious or rebellious act or acts and so shall continue together by the space of thrée houres after Proclamation shall bée made at or nigh the place where they shall bée so assembled or in some Market Towne thereunto next adioyning and after notice thereof to them giuen then euerie person so willingly assembled in forcible maner and so continuing together by the space of thrée houres after such Proclamation made and notice thereof giuen shal be adiudged a felon S. Riots c. 32. c. 32 By the Statute made Anno 39. Eliz. it was enacted St. 39. El. 17 That all idle and wandring Souldiers or Mariners Wandring souldiers and mariners or idle persons which now are or hereafter shall bée wandring as Souldiers or Mariners shall settle themselues in some seruice labour or other lawfull course of life without wandring or otherwise repaire to the places where they were borne or to their dwelling places if they haue any and there remaine betaking themselues to some lawfull trade or course of life vpon payne that all persons offending contrarie to this Act to bée reputed as Felons and to suffer as in case of Felonie without any benefit of Cleargie to bee allowed And euerie idle and wandring Souldier or Mariner which comming from his Captaine from the Seas or from beyond the Seas shall not haue a Testimoniall vnder the hand of some one Iustice of Peace of or néere the place where hee landed setting downe therein the place and time where and when hée landed and the place of his dwelling or birth vnto which he is to passe as aforesaid and a conuenient time therein limited for his passage or hauing such testimoniall shall wilfully excéed the time therein limited aboue fouretéene dayes And also as well euerie such idle and wandring Souldier or Mariner as euerie other idle person wandring as a Souldier or Mariner which shall at any time hereafter forge or counterfeit any such Testimoniall Forging a Testimoniall or haue with him or them any such Testimoniall forged or counterfeited as aforesayd knowing the same to bée counterfeited or forged in all these cases euerie such act or acts to bée Felonie and the offendors to suffer as aforesayd without any benefit of Clergie It shall and may bée lawfull for the Iustices of Assises Iustices of Gaole deliuerie and Iustices of Peace of euerie Countie and for all Iustices of Peace in Townes Corporat hauing authoritie to heare and determine Felonies to heare and determine all such offences in their generall Sessions and to execute the offendors which shall bée conuicted before them as in cases of Felonie is accustomed Except some honest person Retaining an offendor into seruice valued at the last Subsidie next before that time to tenne pounds in goods or fortie shillings in lands or else some honest Freeholder as by the sayd Iustices shall bee allowed will bee contented before such Iustices as such person shall bee arraigned of Felonie to take him or them into his seruice for one whole yeare then next following and before the sayd Iustices will bee bound in Recognisaunce of tenne pounds to bee leuied of his lands goods tenements and cattels to the vse of the King if hée kéepe not the sayd person or persons for one whole yeare and bring him
neither principall nor accessorie Fitz. Cor. 395. 14. H. 7. 31. for it is no felonie in him but finable as a Trespasse And some do hold that he shal be but amerced in that case and if he be within age hee shall haue no punishment 25. Ed. 4. 44 13. H. 7. 10. 7 If one man doe hold another in his armes or doe bind him Holding a maÌ„ vntill he be slaine vntill a thirdman hath killed him hée that did hold the partie slaine in his armes is principall But that holding in his armes must bee proued to bee done of a wicked and felonious intent Bracton for sometimes a man holdeth his friend in his armes of a louing mind to kéepe him from taking or doing of hurt and vpon no malicious or euill intent One thing commanded another effected 8 If one commaund another to lay hold vpon a third man and the party commaunded goeth and robbeth him if the commaunder be absent when this Robberie is done this is not Felony in him for the party to whom the commaundement was giuen excéedeth his commaundement and also the commaundement might haue béene performed without the Robberie But otherwise it is if the commaundement were to beat him Fitz. Cor. 314. and the party commaunded did kill him in the commaunders absence in this case he is accessory to the felony for it is hard to beat a man so that he shall be sure that he shall not die of that beating Councelling to rob one and another is killed 9 If A. doe commaund B. to robbe C. and hee attempteth to robbe him and D. doth defend C. and fighteth with B. that assayleth him Plo. Com. 475. and B. doth kill D. in this case A. shall bee accessorie to this murther for that B. attempting to robbe C. doth pursue the commaundement of A. and so being in the pursuit of that commaundement and resisted another thing doth chaunce viz. the death of D. therefore A. shall bee partaker of that fact and of the punisâ—ment thereof for that his commaundement was the cause thereof Commanding to beat one and hée is killed And the same Law is Fitz. Cor. 314. 350. Pl. Com. 474. if A. doe commaund to beat C. and he doth beat him so that hee dyeth thereof A. shall bee accessorie to this murther For his commaundement was the foundation of this murther and the murther is the sequele of the commaundement and if A. be present at this beating Commaundement of burning one house and another is burned then he shall be adiudged principall And so it is if A. doe commaund B. feloniously to burne the house of C. in the night and he doth it and the same fire doth also burne the house of D. neighbour to C. in this case A. shall be accessorie as well to the burning of the house of D. as of C. for séeing the burning of the house of D. doth ensue vpon the burning of the house of C. and the first house was burned by the commaundement of A. whereunto A. was accessorie he must also be accessorie to the burning of the second house viz. of the house of D. for he that commaundeth an euill and vnlawfull act to be done shall be adiudged accessorie to all that shall ensue vpon the same euill act but not to any other distinct thing Counsell of one act and another is done But it is otherwise Pl. Com. 475. where A. doth commaund B. to burne the house of C. whom hee knoweth and hee doth burne the house of D. or doth commaund him to steale a Horse and he stealeth an Oxe or doth commaund him to steale a white Horse and hée stealeth a blacke Horse or doth commaund him to robbe another by the high way of his money and he doth rob him in his house of his plate this doth differ from the commaundement of A. and therefore these acts cannot bée drawne within the compasse of his commaundements and so hée shall bée adiudged no Accessorie to any of the foresaid offences for these bee other acts and other felonies and not any of those which A. did commaund or counsell to bée done The felonie commanded committed in another maner And yet if B. shall commit the same felonie which A. doth commaund or counsell to bée done though he doth it at another day at another time with another instrument or in another sort than A. doth commaund or counsell him to doe it A. shall bee accessorie thereunto As if A. doe counsell B. to kill C. by poysoning of him and hee doth kill him with his dagger or doth counsell him to kill C. by the high way and he killeth him in his house or doth counsell him to kill him vpon one day and he killeth him vpon another day in all these cases and the like A. shall bée accessorie to the murder for the murder is the substance and principall matter that doth ensue vpon the commandement or counsell of A. which the law doth wholly respect and not the circumstances being onely the maner and forme of the facts Pl. Com. 476. 10 If A. do commaund or counsel B. to kill C. and before he hath killed him A. doth repent him and commeth vnto B. and telleth him The felonie commaunded countermaunded that hee is sorie for his wicked counsell and persuadeth and chargeth B. that he shall not kill C. and yet after that B. doth kill C. in this case A. shall not be adiudged accessorie to the death of C. but it is the onely murder and act of B. because A. did countermaund his first counsell And the law doth adiudge no man accessorie to a Felonie before the Felonie committed but him onely whose mind and meaning is that the Felonie should bée committed at that time that it is done Pl. Com. 475. 11 If A. doe procure and counsell B. to poyson C. and to that end doth buy some venim or poyson and deliuereth it to B. who tempereth it in an apple Counselling to poison one and another is poisoned or other thing and deliuereth it to C. with intent to poison him and C. not knowing the poyson in the apple nor the intention of the said B. doth giue the sayd apple to E. to eat who eateth it and is poysoned therby and dyeth of the same poyson within few dayes after In this case notwithstanding this bée wilful murder in B. that deliuered the poysoned apple to C. though it poysoned not him who hée meant to haue poysoned but E. a straunger to whom hee pretended no hurt yet A. who procured and counselled B. to giue this poyson to C. is not accessorie to the murder of E. for that he neuer persuaded nor gaue his counsell that E. should be poisoned which assent of his the law will neuer straine further than he gaue it 12 As commaundement and ayde is in Murder and Homicide Commanding or aiding to Rape or Robberie so is it in euerie other
plead that the plaintife is outlawed 17. Ass p. 26 11. Ass p. 27 18. E. 3. 35 Fi. Cor. 3 or is attainted of Treason or Felony or otherwise is disabled to maintaine an appeale as if a woman doe bring an appeale of the death of her husband and the defendant doth plead that she and her said husband were neuer accoupled in lawfull marriage or that she hath married another husband Or that the appeale was not cōmenced within the yeare day after the offence committed Or that the appellant hath an elder brother liuing to whom the appeale is giuen Fit cor 384 387. not to the plaintife And all those matters which shal be a barre to the plaintife to bring the appeale shall also be a barre to the K. to take any aduātage against the appellée vpō the same appeal for in all these cases it may appeare that the appeale was cōmenced without cause grounded vpon false insufficient matter And the king shall be in no better condition than the appellant for the defendant is arraigned vpon the declaration of the appellant and yet it is otherwise where the Appeale was at the first grounded vpon sufficient and true matter But in all the cases aforesaid though the king can take no aduantage of the Appeale against the defendant yet he may compel him to answer to an indictment of the same felonie for that by these pleas the defendant is not discharged of the felonie though he be discharged of the Appeale S. Approuers 15. 17. 18. 19. No appeale of Treason 97 If an act which was murder felony or other offence by the cōmon law be after made treason by stat then one doth offend in the same no Appeal wil lye against him therefore for that no Appeale will lye of High or Petit Treason And therefore whereas wilfull poysoning was wilfull murder by the common law and after by the stat of 22. H. 8. 9. the same was made high treason and ordained that the offendor therein should be boyled to death which stat was sithence repealed by the stat of 1. Ed. 6. 12. 1. M. yet during the said stat of 22. H. 8. in force the sonne and heire of a man poysoned brought an appeale against a woman for poysoning her husband and because the offence was then high Treason M. 33. H. 8. Dyer 50. and no appeale will lye of Treason the appeale was adiudged not maintanable And yet by the ancient lawes of this realme as Bracton affirmeth the accusor might haue pursued an appeale of high Treason against the defendant or party accused Bracton de coron̄ c. 3 and the defendant might haue thereunto pleaded not guilty and waged battell with the accusor But that Law is sithence altered ⧠Indictments What an Indictment is 1 AN Indictment of Treason Felony Trespas or other offence is an inquisition taken and made by twelue men at the least thereunto sworne whereby they doe find and present that such a person of such a name and sirname dwelling in such a place of such a County and of such a degrée hath committed such a Treason Murther Rape Burglarie Robberie Felony Trespas or other offence at such a place vpon such a day and in such a manner against the Kings peace his Crowne and Dignitie and contrary to the Lawes of this realme and so it is an accusation by the Iury of the offendor and an information of the Court from whence they receiue their charge of his offence and of all such necessary circumstances thereof and in such certaintie that thereupon the same Court may procéed to the triall or arraignement of the party accused if he be present or otherwise may award Proces against him to appeare and to make answere thereunto if he be absent And because this Indictment and accusation doth sometime concerne the life or member of man sometime his liberty sometime his fame and credite sometime his Lands and Tenements and some other time his Goods Cattels Therefore the Law hath a speciall regard that the procéedings therein may be effected with all sinceritie and vpright dealing and doth carry a vigilant and watchfull eye not onely vpon the Iurors which are returned and sworne in those Enquests that they may be men of integritie sufficiencie and indifferencie but also vpon Shirifes and Baylifes of Liberties who haue authoritie to returne the same Iurors for she hath prouided by seuerall Statutes That they shall take no Indictments by Commissions procured at their owne sute but in their Turnes That they shall hold their Turnes St. 28. E. 3. 9 St. 31. E. 3. 14 St. 13. E. 1. 13 St. 1. E. 3. 16 and take Indictments but in conuenient and vsuall times That they shall take Indictments by twelue men at the least and then by Roll indented That they shal take their Indictments by men of good name credit and sufficient of estate St. 1. R. 3. 4 St. 1. E. 4 3. That they shall bring their Indictments and Presentments found and made in their Turnes to the Iustices of Peace of the same Countie that they may award Proces against those that be indicted and set fines vpon them That Iurors impanelled to make inquiries St. 11. H. 4. 9 shall be lawfully returned by shirifes or baylifes of Franchises without the denomination of any other person That Panels returned by the Shirife to make inquiries St. 3. H. 8. 12 St. 3. H. 7. 1 may be reformed by the Iustices and that one Enquest may be impanelled and charged to inquire of concealements of offences made by another Enquest So that the Law hath prouided that Indictments may be found by men of worth and vpon iust causes And as touching Commissions because in times past Shirifes of diuers Counties by vertue of Commissions generall Writs graunted vnto them at their owne sute for their priuat gaine did take diuers Enquests to indict people at their owne pleasures Commissions to shirifes to take indictments and then tooke fines and ransomes of them to their owne vses and after set at liberty the parties and neuer brought the same persons so indicted before the Kings Iustices to be deliuered there according to the forme of Law It was therefore by a Statute made Anno 28. Ed. 3. St. 28. E. 3. 9 ordained That all such Commissions Writs should be from thenceforth repealed and that none such should be at any time after graunted By force of which Statute the Shirife is restrained to make any inquirie by Writ or Commission The shirife may inquire of Felonies But yet by vertue of his office he may at this day make inquirie in his Turne of Felonies obseruing such orders as by the statutes hereafter limitted be expressed St. 9. H. 3. 36 2 Whereas by the statute of Magna Charta it was ordayned That no Shirife or his Baylife shall hold his Turne by Hundreds but twice in the yeare in
offēce made felony by the foresaid act of ann̄ 3. H. 7. or which shal be indicted arraigned of or for any such offence stand mute or make no direct answere or challenge peremptorily aboue the number of xx shal in euery such case loose his and their benefit of Clergy Prouided alwaies that this act shal not extend to take away the benefit of Clergy but onely from such person and persons as hereafter shall be principals or procurers or accessaries before such offence cōmitted S. Felonies by Stat. 5. 17 By the statute of An. 1. Iac. St. 1. Iac. 12 it is enacted Coniuration Witchcraft That if any person or persons shal vse practise or exercise any inuocation or coniuration of any euil wicked spirit or shall consult couenant with entertaine imploy féede or reward any euill wicked spirit to or for any intent or purpose or take vp any dead man woman or child out of his her or their graue or any other place where the dead body resteth or the skin bone or any other part of any dead person to be imploied or vsed in any maner of Witchcraft Sorcerie Charme or Inchantment or shall vse practise or exercise any Witchcraft Inchantment Charme or Sorcerie whereby any person shall be killed destroyed wasted consumed pined or lamed in his or her body or any part thereof then euery such offendor or offendors their aidors abettors and councellors being of any the said offences duly and lawfully conuicted and attainted shall suffer pains of death as a felon or felons and shall loose the priuiledge and benefit of Clergy Sanctuary and if any person or persons shall take vpon him or thē by Witchcraft Inchantmēt Charme or Sorcery to tell or declare in what place any treasure of gold or siluer should or might be found or had in the earth Telling where things lost may be found or other secret places or where goods lost or stolne should be found or become or to the intent to prouoke any person to vnlawfull loue Prouoking to loue or whereby any goods or cattels of any person shal be destroyed wasted or impaired or to hurt or destroy any person in his or her body although the same be not effected and done and béeing once conuicted of the same offences Destroying of men or cattell as is aforesaid do eftsoones perpetrate and commit the like offence then euery such offendor being of any the said offences the second time lawfully and duly conuicted and attainted shall suffer pains of death as a felon and shall loose the benefit and priuiledge of clergy and sanctuarie S. Felonies by Stat. 29. 18 By the statute of Anno 1. Iac. St. 1. Iac. 8 S. Murther 24. it is enacted That if any person or persons shall stabbe or thrust Stabbing or thrusting any person or persons that hath not then any weapon drawne or that hath not then first stricken the party which shall so stabbe or thrust so as the person or persons so stabbed or thrust shall therof die within the space of sixe moneths then next following although it cannot be proued that the same was done of mallice forethought yet the party so offending and béeing thereof conuict by verdict of twelue men confession or otherwise according to the Lawes of this Realme shal be excluded from the benefit of his or their Clergy and shall suffer death as in case of wilfull murther S. Homicide 24. A Recusant not abiuring or returning 19 If any such offendor which by the tenor and effect of the act made Ann̄ 35. Eliz. St. 35. El. 1. intituled an act to retaine the Quéenes Subiects in due obedience is to be abiured the Realme shall refuse to make such abiuration as by that statute is appointed Or after such abiuration shall not goe to such Hauen and within such time as is appointed and from thence depart the Realme according to the said statute Or after his departure shall returne againe into any of the kings Realmes or Dominions without his speciall licence in that behalfe first had and obtained then in euery such case the person so offending shal be adiudged a felon and suffer as in case of felony without benefit of clergy S. Felonies by Stat. 9. Abiuration of a Popish Recusant 20 If any such offendor which by the tenor and intent of the act made Ann̄ 35. Eliz. St. 35. El. 2. intituled an act for the restraining of Popish Recusants to some place of abode is to be abiured the Realme shall refuse to make such abiuration Or after such abiuration made shall not goe to such hauen and within such time as is appointed and from thence depart out of this Realme according to the said act Or after such departure shall returne and come againe into any of the kings Dominions without his speciall licence in that behalfe first obtained and had then in euery such case the person so offending shall be adiudged a felon and loose as in case of felony without benefit of Clergy S. Felonies by Stat. 11. A Souldier departing frō his captaine 21 By the statute of Ann̄ 18. H. 6. St. 18. H. 6. 10. it is enacted That if any souldier man of Armes or Archer which hath taken parcell of his wages of his Captaine and is entred of record the kings souldier except notorious sicknes or impediment by Gods visitation doth let which he shall imediately certifie his captaine and repaie his money or els being in the enemies countrie in garrison or els where in the kings seruice where he is appointed to serue doth depart without licence of the kings lieutenant deputie high admirall viceadmirall captaine or in their absence of their deputies he shal be taken iudged and executed as a felon And by the Stat. of Anno 2. 3. Ed. 6. St. 2. 3. Ed. 6. 2. he shal not haue aduantage of his Clergie or sanctuarie S. Felon by Stat. 21. St. 39. El. 17 22 By the Stat. of An. 39. El. it is ordained That if any idle and wandring Souldier or Mariner Wandering souldiers and mariners doe not settle himselfe to labour seruice or other lawfull course of life without wandring or otherwise repaire to the place where he was born or to his dwelling place and there remain betaking himselfe to some lawfull trade or course of life Or comming from his Captaine shall not haue a testimonial of a Iustice of peace c. or shal counterfeit or forge such testimoniall or haue with him any such testimoniall forged knowing the same to be forged being retained into seruice or shall depart within the yeare without the licence of him that retained him into seruice Then he shal be iudged as a felon without the benefit of clergie S. Fel. by Stat. 3. 23 By the Stat. of An. 43. El. St. 43. Eli. 13 it is established Taking away any person against his will in Cumberland c. That whosoeuer shal
without lawfull authoritie take any of the kings subiects against his or their wills and carry him or them out of the counties of Cumberland Northumberland Westmerland or the Bishoprick of Durham or to any other place within any of the said counties or detayne force or imprison him or them as prisoners or against his or their wills to raunsome them or to make a pray or spoile of his or their person or goods vpon deadly feude or otherwise shal be taken to be felons and suffer death without benefit of Clergy Sanctuary or Abiuration c. S. Felonies by stat 36. St. 1. E. 6. 12. 24 By the stat of Anno 1. Ed. 6. it is ordained That no person or persons that heretofore hath bin or that at any time hereafter shal be in due form of the law attainted or cōuicted of murther Murther of malice prepēced Burglary or of poisoning Poysoning of malice prepenced or of breaking of any house by day or by night any person being then in the same house where the said breaking hath bin or shal be committed heretofore hath bin or hereafter shal be therby put in feare or dread or of or for robbing of any persō or persons in the high way Robbery in the high way or néere to the high way or for felonious stealing of Horses Stealing of horses Sacriledge Geldings or Mares or of felonious taking of any goods out of any parish church or chappel or being indicted or appealed of any of the same offences thereupon found guilty by verdict of xij men or shall confesse the same vpō his or their arraignment or will not answere directly according to the laws of this realme or shal stand wilfully or of malice mute shal not be admitted to haue or enioy the priuiledge or benefit of his Clergy or Sanctuary but shal be put from the same Clergy allowed in all other felonies And that in all other cases of Felony other then such as are before mentioned all and singular person and persons which shal be arraigned or found guilty vpon his or their arraignment or shal confesse the same or stand mute in forme aforesaid or will not answer directly in forme aforesaid shall haue enioy the priuiledge and benefit of his or their Clergy and Sanctuary in like maner and forme as he or they should or might haue done before the 24. of Aprill Anno 1. H. 8. 25 Because it was doubtfull by the words mentioned in the foresaid act of 1. Ed. 6. 12. whether that any person being in due forme of Law found guilty or otherwise attainted or cōuicted for felonious stealing of one Horse Gelding or Mare ought to be admitted to haue and enioy the priuiledge and benefit of his Clergy or Sanctuary Therefore by a stat made Anno 2. 3. Ed. 6. St. 2. 3. Ed. 6. 33. it is declared and enacted That all and singular person and persons feloniously taking or stealing any Horse Stealing one Horse Gelding or Mare shall not be admitted to haue or enioy the priuiledge or benefit of his or their Clergy or Sanctuary but shal be put from the same in like manner and forme as though he or they had bin indicted or appealed for felonious stealing of two Horses two Geldings or two Mares of any others and thereupon found guilty by verdict of twelue men or confessed the same vpō their arraignment or stand wilfully or of malice mute But he that is accessary to the stealing of Horses or Mares Accessaries to stealing of Horses shal haue the benefit of his Clergy for that the foresaid statutes shal be taken strictly P. 1. M. Dy. 99. which maketh mention expressely but of the principall 26 By a statute made Anno 5. 6. Ed. 6. St. 5. 6. Ed. 6. 10. St. 25. H. 38. St. 23. H. 8.1 it was rehearsed and ordained That where in the parliament holden at Westminster 15. die Ianuarij An̄ 25. H. 8. it is recited That at the parliament holden at West an̄ 23. H. 8. amongst other things it was ordained That no person or persons which after that time should happen to be found guilty after the lawes of this land of any manner of petit Treason or for any wilfull murther of malice prepenced or for robbing of any Churches Chappels or other holy places or for robbing of any person or persons in their dwelling houses or dwelling places the owner or dweller in the same house his wife childrē or seruants then being within and put in feare and dread by the same Or for robbing of any person or persons in or néere about the high way or for wilfull burning of any dwelling houses or barnes wherein any graine or corne should happen to be nor any person or persons being found guilty of any abetment or procurement helping maintaining or concealing of or to any such petite Treason Murthers or Felonies should not from thenceforth be admitted to the benefit of his or their Clergy but should be vtterly excluded thereof and suffer death in such manner and forme as they should haue done for any the causes or offences abouesaid if they were not Clerkes Which act extended but only where such offendor was conuicted in such County or place where such offence was so cōmitted and done and not where he or they did such offence in one County and were taken with the manoure in another County Wherefore it was considered That for as much as diuers and many Felons and Robbers that commit and do diuers many great heinous robberies burglaries in one shire conuey the spoile and robbery into any other shire and there be takē indicted and arraigned of felonie for the felonious stealing of the same goods in the same other Shire than where the same Robberies or Burglaries where done and committed and not of the same Robberie nor Burglarie for that it was not done nor committed in the same Shire where they bée so indicted and arraigned and that by reason thereof such felons robbers and burglarers had and enioyed the priuiledge and aduantage of their Clergie For redresse whereof it was enacted in the same Parliament holden in the sayd fiue and twentieth yeare of the said late King That if any person or persons after that time after such robberies or burglarie by him or them done in one Countie should be indicted of Felonie for stealing of any goods or cattels in any other Countie within this Realme and thereupon arraigned and found guiltie or stand mute of malice or challenge peremptorily aboue the number of twentie persons or would not vpon his or their arraignment directly answer to the same felonie that then the same person and persons so arraigned and found guiltie or standing mute of malice or challenging peremptorily aboue the number of twentie persons or that would not directly answer to the law should loose and bée put from the benefit of his or their Clergie in like manner and
forme as they should haue béene if they had béene indicted arraigned and found guiltie in the same Countie where such robberie or burglarie as is aforesayd was done or committed if it should appeare to the Iustices before whom any such felons or robbers should be arraigned by euidence giuen before them or by examination that the same felons or burglarers should haue béene put from their Clergie in case they had béene indicted arraigned and found guiltie in the same countie where the same robberies or burglaries were committed or done as in the same statute made in the safd fiue and twentieth yere among other things more plainely appeareth And where in the Parliament holden at Westminster St. 1. E. 6. 12 the fourth day of Nouember in the first yeare of the raigne of our Soueraigne Lord the King that now is it is ordayned and enacted amongst other things That no person or persons that before that time had béene or at any time hereafter should bée in due forme of law attainted or conuicted of murder of malice prepensed or of poysoning of malice prepensed or of breaking of any house by day or by night any person beeing then in the same house when the same breaking had bin or after that time should bée committed béeing put in feare or dread or of or for robbing of any person or persons in the high way or néere the high way or for felonious stealing of Horses Geldings or Mares or of felonious taking of any goods out of any Parish Church or other Church or Chappell or béeing indicted or appealed of any of the same offences and thereupon found guiltie by verdict of twelue men or should confesse the same vpon his or their arraignement or would not answer directly according to the lawes of this Realme or should stand wilfully or of malice mute should not bée admitted to haue or enioy the priuiledge or benefit of his or their Clergie or Sanctuarie but should bée put from the same And that in all other cases of Felonie other than such as be before mentioned all and singular person and persons which after the first day of March then next following should bée arraigned or found guiltie vpon his or their arraignement or should confesse the same or stand mute in forme aforesayd or would not answer directly in forme abouesayd should haue and enioy the priuiledge and benefit of his or their Clergie and the libertie and priuiledge of Sanctuarie in like manner and forme as hée or they might or should haue done before the foure and twentieth day of Aprill in the first yeare of the raigne of the sayd late King Henrie the eight as in the sayd Act made in the sayd first yeare among other things more plainely appeareth By reason of which article and clause contained in the sayd Act made in the sayd first yeare the sayd Statute made in the sayd fiue and twentieth yeare of the sayd late King which did put such felons and burglarers from their Clergie that doe such offence in one Countie and after are taken with the goods stollen in another Countie and there indicted arraigned and found guiltie was made void By reason whereof diuers and many persons that sithence the sayd first yeare haue committed such Robberies and Burglaries in one Countie and after haue béene taken with the manner in another Countie and there indicted arraigned and found guiltie haue had and enioyed their Clergie which they could not haue had in case the sayd Act made in the sayd fiue and twentieth yeare had stood in force to the great boldening and comfort of such offendors Stealing of goods in one County and carrying them into another Be it enacted St. 5. 6. E. 6. 10. That the sayd Act made in the sayd fiue and twentieth yeare touching the putting of such offendors from their Clergie and euerie article clause and sentence contained in the same touching Clergie shall from henceforth touching such offences to be committed and done stand remaine and be in full strength and vertue in such manner and forme as it did before the making of the sayd Act made in the said first yeare of the raigne of our said Soueraigne Lord that now is any clause article or sentence comprised in the said Act made in the said first yeare to the contrarie thereof notwithstanding This Statute of 5. 6. Ed. 6. doth not reuiue the whole before rehearsed Statute of 25. H. 8. béeing before repealed by the last braunch of the before specified Statute of 1. Ed. 6. 12. but reuiueth onely so much thereof as concerneth the stealing of goods in one Countie and after carying them into another Countie as it appeareth by the words of the same Statute And neither the sayd Statute of 25. H. 8. nor this Statute of 5. 6. Ed. 6. doe extend to Appeales but onely to Indictments so that in an Appeale brought in the Countie whither the goods robbed or spoyled were carryed if the defendant be conuict thereof the defendant may haue his Clergie at this day 27 By a Statute made Anno 5. 6. E. 6. St. 5. 6. E. 6. 9. it was rehearsed and established That whereas at the Parliament holden at Westminster by prorogation anno 23. H. 8. St. 23. H. 8. 1 it was then and there among other things ordained That no person or persons which after that time should happen to be found guiltie after the lawes of this Realme for any manner petit Treason or for any wilfull murder of malice prepensed or for robbing of any Churches Chappels or other holy places or for robbing any person or persons in their dwelling houses or dwelling places the owner or dweller in the same house his wife his children or seruants then being within and put in feare or dread by the same or for robbing of any person or persons in or néere about the highwayes or for wilfull burning of any dwelling houses or barnes wherein any graine or corne shall happen to be nor any person or persons being found guiltie of any abetment procurement maintaining or concealing of any or to any such Petit treasons murders or felonies should from thenceforth be admitted to the benefit of his or their Clergie but vtterly to be excluded therof suffer death in such maner and forme as they should haue done for any the causes or offences abouesaid if they were not Clerkes such as be within the holy orders that is to say of the orders of Subdeacon or aboue all only excepted as by the same act among other things more plainely appeareth the which act was made to endure vntill the last day of the next parliament and after that at the Session of the parliament holden at Westminster by prorogation in the 32. St. 32. H. 8. 3 yeare of the raigne of the said late king the same act with other acts was made to continue for euer Sithence the making of which statute it hath béen doubted that if such robberies and
felonies haue bin committed and done in dwelling houses and dwelling places the owner or dweller in the same house his wife his children or seruants being then put in feare or dread by the same shal not lose the benefit of their clergy if the offendors be therein found guilty by the laws of this Realme vnlesse the same robbery or felony be committed done in the very chamber house or place where the owner or dweller in the same house his wife children or seruants shall happen to be or lie at the time of such robbery and felony cōmitted done and put in feare and dread although the owner or dweller in such house houses his wife his children or seruants at the time of such robbery felony committed and done were or lay in other places within the precinct of the same dwelling houses nigh vnto the house or place where such robbery felony shall happen to be done Or if it happen that the owner or dweller within the same house where such robbery felony shal happen to be done his wife children or seruants to be asléepe at the time of such robbery felony committed done although the same robbery were done in the chamber or place where the owner or dweller in the same house his wife children or seruants then lay the offendors being found guilty thereof according to the lawes of the land should not loose the benefit and aduantage of his clergy And where also it hath bin in question and doubted that if such robberies felonies happen to be committed and done in any booth or boothes tent or tents in any faire or market the owner of the same his wife children or seruants happen to be within the same at the time of the committing of such felonies and put in feare and dread the offendors therein being found guilty after the lawes of this realme should not loose the benefit of their Clergy For the true declaration explanation of the same doubts or questions before recited St. 5. 6. E. 6. 9. be it enacted Robbing of houses That if it happen any person or persons to be found guilty according to the laws of this realme for robbing of any person or persons in any part or parcell of their dwelling houses or dwelling places the owner or dweller in the same house or his wife his children or seruants being then within the same house or place where it shal happen the same robbery and felony to be committed done or in any other place within the precinct of the same house or dwelling place that such offēdors in no wise shal be admitted to their clergy whether the owner or dweller in the same house his wife or children thē and there being shal be waking or sleeping And that no person nor persons which shall happen to be found guilty after the lawes of this realme of for robbing any person or persons in any booth or tent in any faire Robbing of booths or tents or market the owner his wife his children or seruants or seruant then being within the same booth or tent shall not from henceforth be admitted to the benefit of his or their clergy but vtterly be excluded thereof and suffer death in such manner forme as is before mentioned in the said act made in the said 32. yeare of the raigne of the same late king for robberies and felonies committed and done in dwelling houses and dwelling places the owner or dweller in the same his wife children or seruants then being within the same and put in feare and dread without hauing any respect or consideration whether the owner or dweller in such boothes and tents his wife children or seruants being in the same boothes or tents at the time of such robberies and felonies committed shal be sléeping or waking This statute mentioneth onely where one is found guiltie after the lawes of this Realme and therefore it is to be considered if the offendor doe confesse the felonie or stand mute or challenge peremptorily aboue twentie persons or will not answer directly to the felony whether he shall haue his clergy or not because he is out of the words of this statute Also this statute doth not take away the benefit of Clergie from the offendor but where the owner his wife children or seruants were within the house at the time of the offence committed for if none of them but a stranger did lye within the house by the licence of the owner at the time of the offence committed then is the offendor out of the danger of this Statute And so he that is attainted by outlawrie or by battell Attainder by outlawrie or by battell is out of the cases of all the foresaid statutes which doe take away Clergy One was indicted for that he did feloniously take xl s. in mony nūbred 5. El. Dyer 224 from the person of I.S. and he had his Clergy in this case for that it was not robberie because it was not found by the indictment that the person of I.S. was put in feare by assault and violence 28 Because diuers lewd persons vnderstanding that the penaltie of robbing of houses in the day time no person being in the house at the time of the robberie is not so penall as to doe a robberie in any house any person béeing therein at the time of the robberie which hath and doth imbolden seueral lewd persons to watch their opportunitie and time to commit and doe many haynous robberies in breaking and entring diuers honest persons houses and specially of the poorer sort of people who by reason of their pouertie are not able to kéepe any seruant or otherwise to leaue any body to look to their house when they go abroad to heare diuine seruice or to follow their worke to get their liuing For the preuention whereof by a statute made Anno 39. Elizab. S. 39. El. 25 it was enacted That if any person or persons shall bée found guilty and conuicted by verdict confession or otherwise according to the lawes of this Realme for the felonious taking away in the day time Robbing a house in the day time of any money goods or cattell being of the value of fiue shillings or vpward in any dwelling house or houses or any part thereof or any outhouse or outhouses belonging and vsed to and with any dwelling house or houses although no person shall bée in the sayd house or outhouses at the time of such felonie committed then such person and persons shall not be admitted to the benefit of his or their clergy but shall bée vtterly excluded thereof Commandement or counsell of felonies 29 By the statute made Anno 4. 5. P. M. St. 4 5. P. M. 4. it was enacted That al and euery person and persons that shall malitiously commaund hyre or counsell any person or persons to commit or doe any Petit Treason wilfull murder or to do any robbery
Confederacies of the same committed vpon the land within this Realme And if any person happen to be indicted for any such offence done vpon the Seas or in any other place aboue limitted then such order proces iudgement and execution shall be vsed and made to and against euery such person so indicted as against Traytors Felons and Murderers for Treason Felony Robbery Murther or other such offences done vpon the land and such as shal be conuict of any such offeÌ„ce by verdict confession or proces shall suffer such paines of death losse of lands goods and cattels as if they had bin attainted and conuicted of any of the said offences done vpon the land No pennance for high Treason 5 The foresaid statute of West 1. maketh mention only of felons and felonies and therefore in high Treason whether it be by indictment 15. E. 4. 33 M. 3. 4. El. Dy. 205 300 or by any other meanes whatsoeuer the offendor shal not haue the said iudgement of pennance viz. of paine grieuous and durable but shall haue another iudgement that is to say as of a Traitor conuict No pennance for a man before attainted 6 If a man that is attainted of Felony be brought to the barre 8. H. 4. 2 26. As p. 19 and asked what cause he can shew why he should not be put to death and he will stand mute in this case he shal be hanged and not put to his penance for hee cannot put himselfe vpon an Enquest of felonie because he was attainted thereof before and so he is out of the case of the stat 7 If a man vpon his arraignement doth confesse the felony Standing mute after confession and before iudgement at another day he will stand mute by fraud and so it is found in this case he shal be hanged 14. E. 4. 7. and not put to his penance for his iudgement shall be giuen vpon his confession And so it is Demurring in law if he do demur in law vpon any point which is adiudged against him he shal be hanged for in both those cases he is out of the puruiew of the foresaid stat of West 1. And in like sort he shal be hanged and not put to his penance if he be indicted and arraigned for a murder or manslaughter committed within the Kings Palace or where hée doth abide according to the stat of Anno 33. H. 8. St. 33. H. 8. 12. if he do stand mute or will answer indirectly 8 In all cases where a man vpon his arraignement doth stand mute Inquirie of him that standeth mute before he shal be hanged put to his penance or otherwise suffer death it shal be inquired if he do stand mute by fraud or by the act of God for if it bee by the act of God 43. Ass p. 30 the Court ex officio ought to inquire if he be the same person and of all other pleas that he might haue pleaded if hée had not béene mute to haue staid execution M. 8. H. 4. 1. And this inquirie is but of office and shall be made by the Marshals seruants and others But if it be in case where an issue is ioyned by the consent of the parties and after when the Enquest doth come the prisoner doth stand mute there the Court shall charge the Enquest which appeareth therewith without putting any of the Marshals seruants vnto them and so change that which was a Iurie by the consent of the parties to an Enquest of office And their charge shall be to enquire of the time when he did speake and if he be mute of malice or in delay of his execution or by the act of God But this charge or inquirie ought not to be made or giuen where the prisoner did speak to the Court when he was at the bar and after the same day because he would not ioyne issue or challenge peremptorily aboue the number appointed to him by the law be adiudged to his penance for then it doth appear to the court that he doth it of malice 10. E. 4. 19 And the same law is if a prisoner after his confession or attainder hath continually remained in prison and is brought before the same Iustices before whom hée did confesse his felonie or was attainted to answer why execution should not be done of him and he will stand mute in this case there néedeth no inquirie to be made if he be the same person or not for that doth appeare to the Iustices by his continuall remaining in prison But it is otherwise if he goe at libertie after his attainder by abiuration outlawrie and such like 4. E. 4. 11. 14. Ed. 4. 7. 8. H. 4. 2. 9 The iudgement in the sayd penance The Iudgâ—ment in penance viz. in the said paine heauie and grieuous is That the prisoner shall be sent to the prison from whence hée came and put into a meane house stopped from light there shal be laid vpon the bare ground without any litter straw or other couering and without any garment about him sauing something to couer his priuie members and that he shall lie vpon his backe and his head shal be couered and his féet bare and that one of his armes shall be drawne with a cord to one side of the house and the other arme to the other side and that his legges shall be vsed in the same manner and that vpon his bodie shal be laid so much yron and stone as he can beare and more and that the first day after he shall haue thrée morcels of barlie bread without any drinke and the second day he shall drinke so much as he can thrée times of the water which is next the prison doore sauing running water The forfeiture without any bread and this shal be his diet vntil he die Fitz. Escheat 10. And he against whom this iudgement of penance shal be giuen shall forfeit to the king his goods but he shall forfeit no land Iudgement and Execution in Treasons Felonies c. HAuing written of Treasons Felonies shewed who be principals and who be accessories therein how the offendors therein are to be pursued by Appeales or inditements what pleas they may plead how they are to be tried that the truth of each persons innocency or guiltinesse may appeare I am now to treat of the iudgement execution which by the lawes statutes of this Realme must follow therupon As first Iudgement where the prisoner is acquit if he that is arraigned of treason or felonie be acquit thereof there is none other iudgement but that the Court doth discharge him paying his fées 2 The iudgement of a man attainted of high Treason is Iudgement in high treason of a man that he shall bée led backe againe to the place from whence he came and from thence be drawn vpon a hurdle to the place of execution and there be hanged by the necke
and then be cut downe aliue and his intrals and priuie members be cut from his bodie and be burned in his sight and his head to be cut off and his body to bée diuided into foure parts 6. El. Dyer 230. and then to be disposed at the Kings pleasure Sauing that the iudgement of a man which is attainted for clipping the Kings money contrarie to the Statute of an̄ 25. Ed. 3. 2. shal be onely that he shalbée drawne and hanged though it was high treason by the common law so is expounded confirmed by that Statute But if any man shal be attainted of treson for cōmitting any of the offences made high treason by either of the Stat. of an̄ 1. M. 6. 1. 2. P. M. 11. 5. El. 11. 18. El. 1. 5. El. 1. 13. El. 2. 23 El. 1. 27. El. 2. 3. Iac. 4. he shal be adiudged a traitour S. Treasons and shall haue iudgement and suffer as in cases of high treason viz. he shal be drawne hanged and quartered as is before mentioned And though there be no mention made thereof in the iudgement yet he that is attainted of treason or felonie by verdict confession outlawrie or abiuration shall also forfeit his lands and goods his wife shall loose her dower and his blood shal be corrupted sauing in certaine cases 3 The iudgement of a woman which shal be attainred of high Treason or petite treason The iudgement of a woman traitour is 1. R. 3. 4 That she shall be ledde backe againe to the place from whence shée came and from thence be drawne vpon a hurdle to the place of execution and there be burned to death 8. El. Dy. 254. But if one man doe murder an other and the wife of him that was murdered be accessorie to her husbandes death the murderer and the wife both shall be hanged and she shall not be burned because she was but accessory 4 The iudgement of a man attainted of petit treason Iudgement of a man in petit treason is That hée shall be ledde backe againe to the place from whence hee came and from thence drawne vpon an hurdle to the place of execution and there to be hanged by the necke vntill he be dead Iudgement in felonie 5 The iudgement of a man attainted of murder burglarie robberie or other felonie is That he shall be ledde backe againe to the place from whence he came and from thence carried to the place of execution and there be hanged by the necke vntill he be dead And the like iudgement is giuen against a woman being attainted of anie of the same offences 6 The iudgement in misprision Misprision of treason is That the offendor shall forfeit to the King his goodes and his lands during his life and shall be perpetually imprisoned during his life Attainder of treason by the common lawe 7 In the foresaide iudgement giuen in high treason by the order of the common Lawe there can be no errour assigned St. 33. H. 8. 20. but it is as strong as if it had béene doone by Act of Parliament For the Statute made Anno 33. H. 8. hath ordained That if any person or persons shall be attainted of high treason by the course of the common Lawes or Statutes of this Realme that in euery such case such attainder by the common Lawe shall be of as good strength value force and effect as if it had beene done by authoritie of Parliament Iudgement of pennance 8 The iudgement of him who being indited of felonie will stand mute of malice or not answer directly or will refuse lawfull triall P. 4. E. 4. 11. being called Pennaunce or paine for t dure is That the prisoner shall be sent to the place from whence he came c. S. Standing mute c. 9. Iudgements in felony by Iustices of Nisi prius 9 As touching those who shall giue iudgement against the offendors aforesaide it is ordained by the Statute of Anno 14. H. 6. St. 14. H. 6. 1 That the Iustices before whome Inquisitions Enquests and Iuries shall be taken by the Kings Writte called Nisi prius according to the forme of the Statute thereof made haue power of all the cases of felonie and of treason to giue their iudgements as well where a man is acquitte of felonie or of treason as where he is thereof attainted at the day and place where the saide Inquisitions Enquests and Iuries shall be taken and then from thenceforth to awarde Execution to be made by force of the saide Iudgements 10 Because it oft times falleth out that an offendor is found guiltie of treason or felonie before some Iustices of Gaole Deliuerie for the which Iudgement of death should or might ensue and yet that person is reposed to prison without iudgement at that time giuen against him and then before the next Gaole deliuerie the same Iustices of Gaole deliuerie doe die or be remooued and others be assigned Iustices of Gaole deliuerie in their places by the Kings Commission which as many did conceiue it could not giue iudgement of that prisoner so repried by the former Iustices by warrant of the foresaide Statute of 14. H. 6. 1. or for some other cause For the remedy whereof by a Statute made Anno 1. Edw. 6. St. 1. E. 6. 7. it is enacted Iudgement by new Iustices That in all Cases where any person shall be found guiltie of any Treason Murder Manslaughter Rape or other felonie whatsoeuer for the which iudgement of death should or may ensue and shall be repried to prison without iudgement at that time giuen against him Those persons that at any time shall by the Kings Letters patents be assigned Iustices to deliuer the Gaole where anie such person found guiltie shall remaine shall haue full power to giue Iudgement of death against such person so found guiltie and repried as the same Iustices before whome such person was found guiltie might haue done if their Commission of Gaole Deliuerie had remained in full force 11 The Iudgement in petit Larceny Iudgement in petit larcenie is that the offendor shall be ledde backe againe to the Gaole Stockes or place from whence hee came and there to remaine a wéeke a moneth or c. and then in such a Citie Borough Market towne Village where the fact was done or other place assigned by the Iustices to be tied to a carte stripped from the girdle vpward and whipped vntill his bodie doe bléede once twice or thrice c. according to the Iustices discretion 12 If a woman be indicted and arraigned of felonie Stay of a womans execution being with childe it is no plea for her to say that shée is with childe but she must pleade to the felonie Not guiltie and if she be found guiltie then shee may alleadge that shée is with childe and then the Marshall or Sherife shall be commanded to returne an
against the possessor of them to bring them into the same Court. And so the King shall haue the benefite of an action of trespasse Forfeiture of a trespasse which the partie attainted might haue had against the other for those goodes wrongfully taken or holden away But if he that was attainted were beaten or mayhemed by another the King shall not haue an action of trespasse of battery 29. As p. 63 30. Ed. 3. 4 appeale of mayheme or other remedy against that partie which did the foresaid iniurie to the person attainted for that the money to be recouered by the action of trespasse is reduced to no certaintie And if money be owing to a man by obligation or simple contract Forfeiture of a debt and after he to whome the money is payable is attainted of treason or felonie Fi. Cor. 343. that obligation and duetie shall be forfeited to the King And if one man or more be bound by obligation to two men or more for the paiment of a summe of money or any other dutie Ioynt debt forfeited and one of the Obligées is outlawed or attainted of treason or felonie the King shall haue the whole Obligation and the money or dutie arising or payable thereby 19. H. 6. 47. 28. H. 8. Dy. 30. and the King or he to whom the King will giue the same debt shall haue an action in his owne name to recouer it which action shall bée maintainable though there be variance betweene the action and the specialtie 50. As p. 5 28. Ed. 3. 92 And in like sort if a man be Receiuer to another of his money An account forfeited and hee to whom he is receiuer be attainted of Treason or Felonie after office found thereof the King may haue a Scire facias against the Receiuer to receiue this money and by that meanes the King shall haue the benefit of the action of account which the partie attainted might haue had Forfeitiâ—g of an interest And in some cases an offendor in treason or felonie shall forfeit an interest in lands whereof he himselfe neuer had or could haue possession but an authoritie to dispose As if hée that hath the reuersion of lands in fée simple whereof another hath the possession for the terme of yeares 14. El. Dy. 309 doth graunt and assure this land to others to the vse of himselfe for terme of his life and after his decease to the vse of the Executors and Assignes of the grauntor for the terme of twentie yeares next after the death of the grauntor the remainder ouer in taile and after the grantor is attainted of treason by Act of Parliament and all his lands tenements goods and cattels which he had to his owne proper vse were forfeited to the King and vested in his actuall possession without office and the grauntor died intestate without assignement of this lease In this case the King shall haue this terme of twentie yeares as forfeit to him for it was an interest in the grauntor and did and might well remaine in him in expectancie notwithstanding his estate for the terme of his life and if the grauntors executors should haue had this lease they must not haue enioyed it to their owne vse but as assets in their hands And though the King shall haue such goods The King shall not pay the attainted persons debts debts money due vpon accounts and interest in lands as were due to the partie attainted of treason Fi. Cor. 317 334. or felonie yet he shall not pay such debts as the said person attainted did owe. 11 As in the cases aforesaid and some others a person attainted may forfeit goods debts and rights whereof he hath no possession but onely an action or title so in some other cases hee may forfeit goods whereof he hath no propertie but onely a possession As if a man deliuer money out of a bagge Forfeiting of goods wherein the offendor hath no propertie or corne out of a sacke to another to kéepe and to restore againe when the owner will require it if the partie to whom the money or corne was deliuered be attainted of Treason or felonie the money or corne shal be forfeited to the King and the partie who deliuered the same hath no remedie to recouer it for the first owner who deliuered it cannot prooue that it was his money when it was out of a bagge or that it was his corne when it was out of a sacke for that one sort of money cannot be knowne from another nor one sort of corne from another Fi. Cor. 317 3â—3 But if the money were deliuered in a bagge or the corne in a sacke then the owner that deliuered it may come vnto the Iustices before whom the offendor is attainted and shewe the deliuerie of it and signifie that it was to be restored vpon his request whereof the Iustices shal enquire by an Enquest of office and if his suggestion be found to bée true hee shall haue his money or corne againe But if the money or other thing deliuered by the owner be conuerted to another commoditie then the law is otherwise as if a man deliuer money to another to buy wooll or some such other commoditie and to worke it lay it vp or to kéepe it in his house Fitz. Cor. 334. and the partie to whom the money is deliuered doth buy wooll or c. and bringeth it to his owne house and then is attainted of Treason or Felonie the King shall haue the wooll or c. as forfeit and the partie who deliuered the mony is without remedie to recouer his money or the wooll or c. for though hée might haue had an action of Account against the partie to whom hee deliuered his money if he had liued and remained vnattainted yet hée shall haue no action or remedie against the King Forf for default of pursuit 12 If a man doe steale goods at diuers times from seuerall men and he is attainted at the suit of one of them for the goods stolne from him 44. E. 3. 44. but is not attainted at the suit of the others by this attainder the felon shall forfeit to the King not onely his owne goods but also the goods stolne from those other at whose suit hée was not attainted though hee had no propertie but only a possession in those goods for a felon hath no propertie in goods stolne A felon hath no property in goods stolne but it doth alwayes remaine in the right owner which propertie in this case for default of pursuing the felon is forfeited to the King Forf of other mens goods his owne 13 In like sort if a man doe steale goods from another Fi. Cor. 318 and before his attainder hée doth kill himselfe hée shall forfeit to the King not onely his owne goods but also the goods which hée did steale from that other though hée had no propertie but
condemned and which be fugitiue wheresoeuer they bée found And if they haue any freehold it shall bée forthwith seised into the Kings hands and the King shall haue the profits thereof by the space of a yeare and a day and the land shall bée wasted and destroyed in the houses woods and gardens and in all things belonging to the same except men of certaine places priuiledged And after the King hath had the yeare day and wast the land shall bée restored to the chiefe Lord of the same fee vnlesse that before he redéeme the same yeare day and wast of the King by the paiment of a fine But there is a custome in the Countie of Glocester that after a yeare and a day the lands and tenements of Felons in that Shire shall reuert and be restored to the next heire to whom they ought to haue discended if the felonie had not béene committed And in Kent in Gauelkind the father to the bough the sonne to the plough there all the heires males shall diuide their inheritance and likewise women but women shall not make partition with men 33 By force of which stat of Praerogatiua Regis The yere day and wast of lands of what title shal be forfeited euer sithence that time the King hath had all the thrée things aforesaid viz. the yeare the day and the wast of the lands of him which was attainted of felonie as one of the prerogatiues annexed to the Crowne in all cases where the felon had such an estate in his land Bracton de Corona cap. 13. that he might forfeit the same after his death and that hee himselfe might lawfully haue made wast in the same without being impeached therefore And therefore if the felon be but tenant for the terme of life or for the terme of yeares of lands the king shall not haue the yeare day and wast of them after the felons death for then he might wast another mans inheritance But if a man that is seised of lands in the right of his wife do commit felonie and is attainted thereof the king shall haue the profits of the land during the husbands life if the wife doe liue so long Fitz. Cor. 327. And some doe affirme that the king shall haue the yeare day and wast of the said wiues lands after the felons death because the felon during his life might haue committed wast therein and for that the felon had such an estate in his wiues lands that by the common law he might in his life haue made alienation of them and driuen his wife to her Cuiin vita to haue recouered them But that séemeth to be helped if any such law were before by the Statute of Anno 32. H. 8. where it is ordained That no fine feoffement or other act made suffered St. 32. H. 8. 28 or done by the husband onely of any lands tenements or other hereditaments being the inheritance or fréehold of his wife during the couerture betwéene them shall in any wise be or make any discontinuance thereof or be preiudiciall or hurtfull to the said wife or her heires or to such as shall haue title interest or right to the same by the death of such wife But the same wife or her heires and such other to whom such right shall appertaine after her decease shall and may then lawfully enter into such lands c. according to their rights and titles therein notwithstanding such fine feoffement or other act fines leuied by the husband and wife whereunto the said wife is partie and priuie only except By which Statute the wife after the death of her husband may enter into her owne land notwithstanding any attainder forfeiture or other act done by her husband No yere day and wast of lands holden by ioynt purchase 34 A man seised of land in fée simple holden of a common person did infeoffe thereof the husband and wife and their heires the husband committed felonie and was attainted thereof the King seised the land into his hands for his yere day and wast and after the Kings said terme expired 4. E. 3. 47. the Lord of the fée of whom the same land was holden did sue in the Chauncerie to haue the same land restored to him to whom by warrant the Escheator did deliuer the same lend vpon whose possession the wife of the felon attainted did enter and the said Lord of the fée reentred vpon her whereupon the sayd woman brought an Assise against the sayd Lord and recouered the land Because the fée simple of the same land being in the wife by reason of the ioynt purchase with her husband the K. ought not to haue had the yeare and day after the felons death nor the Lord of the fée the land after by Escheat 35 If tenant in tayle Tenant in tayle generall or speciall or tenant in franke mariage of land do commit petit Treason or Felonie and is attainted thereof and executed the King after his death shall neither haue the yeare day or wast in the felons land nor the Lord of the fée shall haue the land by Escheat but after the felons death the same land shall discend reuert or remaine secundum formam doni to the next heire in tayle of the felon or to him in the reuersion or remainder thereof for in this case the felon was in effect but tenant for the terme of his owne life and thereby could not forfeit a greater estate in his land than that which he had And in in like sort if he that hath land by fresh disseisin or is tenant in fee farme of land A disseiser Tenant in fée farme A mortgagée vpon condition to pay the vttermost yearely value thereof or hath land in Mortgage to be redeemed by the Mortgager vpon condition of payment of money or other condition doth commit petit treason or felonie and is attainted thereof the King shall not haue the yeare day and wast for that would tend to the preiudice of others not partie to the offence who haue or may haue a better right and title to the same lands than the felon attainted Fi. Cor. 310 36 If a man that is owner of land in antient demesne Tenant in antient demesne which hee may sell without consent of the Lord doe commit petit Treason or Felonie and is attainted thereof the King shall haue the yeare day and wast notwithstanding that he hath vsed to surrender the land into the Lords hands by a rod in the Court vpon euerie alienation thereof But if he be owner of the land in auntient demesne of a base tenure it is otherwise Fitz. Cor. 290. 37 A man that tooke a Church for felonie escaped and the towne pursued The yere day wast without attainder and killed him because he would not yéeld himselfe and this matter was presented before the Iustices in Eyre and they adiudged that his goods and the profits of his lands
And Stewards and Bailifes of great Lords who by their seigniory office or power doe vndertake to maintaine or vphold other quarrels or suites then such which concerne their Lords or themselues A conspiracie must be by more then one 7 The foresaid statute doth define conspirators to be those St. 33. E. 1. which bind themselues by oath c. By which words it doth appeare that a conspiracy cannot be committed by one person alone but by two at the least and therefore this Writ of Conspiracy will not be maintained against one alone though it were begun against diuers for as soone as it shal appear 28. Ass p. 12 22. Ass p. 77 11. H. 4. 162 that all but one be discharged therof by their discharge that one shal also be discharged But this discharge ought to be such a one as may be a discharge to all intents as acquitall of all by verdict sauing one is an acquitall of that one also And so it is if al but one be discharged by matter in Law as if they plead that they were indictors or such like matter in Law which will discharge them for in those cases they be acquit of the conspiracie to all intents But if in a writ of Conspiracie sued against two 14. H. 6. 25. one of them is attainted and the other doth barre the plaintife by a demurrer in law yet that shall not discharge the other which is attainted Where one only charged in Conspiracy if the barre both not containe matter to proue that he did not conspire or could not conspire And so it is if in a writ of Conspiracy brought against two the one doth appeare plead and his plea is found against him in this case iudgement may be giuen against him 24. E. 3. 34. though the other be not attainted and yet in that case some doe affirme 27. E. 3. 80. that in a writ of Conspiracy against two one of thē shall not answere vntill his companion doth appeare for the inconueniency which may ensue viz. that the one may be foūd guilty and the other after may be acquit of the same conspiracy But if he that did first appear wil plead without his companion though the law doth not inforce him thereunto and that the verdict do passe against him and he found guilty of the conspiracy iudgement shal be giuen against him as is aforesaid though after his companion be acquited of the same conspiracy Nam volenti non fit iniuria 8 As a writ of Conspiracy will not lie against one person only no more wil it be maintained against two who do represent but one person No writ of Conspiracy against the husband and wife as the husband and wife 40. Ed. 3. 19. 38. E. 3. 3. for a writ of Conspiracy is not to be brought against them séeing the husband and wife by common intendment ought to haue but one will which will of the wiues is or should be subiect to the will of the husband So that when they conferre and speake together all shall be intended the spéech and act of the husband and nothing of the wife But it is otherwise if she do any act alone without her husband as if she doe commit Treason or Felony c. But a writ of Conspiracy will lye against the husband Fi. N.B. 116. L. his wife and a third person 9 The common forme of the writ of Conspiracy in the Register is this The forme of the writ of Conspiracie viz. Register fo 134. Rex vice comiti N. Salutem c. Si A. fecerit c. tunc pone c. B. C. quod sintcoram nobis c. ostensuri quare conspiratione inter eos apud M. praehabita praefatum A. de quodam equo furtiue apud R. capto abducto indictari ipsum ea occasione capi in prisona nostra N. quousque in curia nostra coram dilectis fidelibus nostris I. S. iusticiarijs nostris ad Gaolam nostram N. deliberandam assignatis secundum legem consuetudinem regni nostri acquietauts fuisset detineri falso malitiose procurauerunt ad graue damnum ipsius A. contra formam ordinationis in huiusmodi casu prouisae Et habeas ibi nomina plegiorum hoc breue Teste c. Which foresaid writ is founded vpon a verdict but if it be a writ of Conspiracy founded vpon the plaintifes Nonsute in an appeale then the words of the writ be these viz. Quousque idem A. per considerationem curiae nostrae inde quietus recessit Though in the Writ of Conspiracie it is not alledged 35. H. 6. 46 that the place where the Conspiracie was deuised was within the Countie and within the iurisdiction of those Iustices before whom the plaintife was acquit yet the writ is good notwithstanding the omission of that allegation for it shal be intended to be made within the same county vntil the contrarie shal be shewed But it must néeds be expressed in the writ before which Iust the acquitall of the pl. was 3. H. 6. 52. but not the manner of the acquitall nor how hée was acquited And neither in this writ nor in other writs of Conspiracie mentioned in the Register all the indictment néed not to be rehearsed 19. H. 6. 34. 47. Ed. 3. 16. but briefly the substance thereof and it is sufficiently in forme if the writ of Conspiracie doe agrée with the indictment which it ought to do 10 In the Register there is a writ of Conspiracie for the Accessorie A writ of conspiracy for the accessorie in felonie when hée is acquit by verdict and another writ for him vpon the acquital of the Principall if his life were put in ieopardie by the same Enquest that acquited the principall but yet these two writs doe differ in forme for the first is Quousque coram praefatis Iusticiarijs nostris inde secundum legem consuetudinem nostram acquietatus fuit And the other is Quousque principal ' secundum legem c. acquietatus fuisset idem accessorius quietus recessit And it is sufficient 33. H. 6. 1. if in the writ brought by the accessorie hee make mention of his owne imprisonment and not of the principals And this forme of quietus recessit is vsed also when a writ of Conspiracie is brought vpon an acquitall in an Appeale at the Kings suit after the parties nonsuit 22. H. 6. 49. In a writ of Conspiracie the plaintife may suppose that the conspiracie was made in two Townes Conspiracy in two townes because in one day the Conspirators may meete in seuerall Townes Barres in conspiracie 11 In a writ of Conspiracie it is a good plea for the defendants to plead in barre of the Action a concord betwéene the plaintife and them And so it is to plead any matter which will proue the acquitall of the plaintife erronious 21. H.
man be slaine within the K. house verge That all Inquisitions vpon the view of persons slaine within any of the Kings Palaces or houses or any other house at such time as he shall bee abiding in his royall person viz. within Edifices Courts places gardens orchards or houses within the Porters ward of any of the house or houses aboue rehearsed or within any gardens priuie walkes orchards tylt-yards wood-yards tenice playes cocke fights bowling allyes neere adioyning to any of the houses aboue rehearsed and being part of the same or within two hundred foot of the standard of any outward gate or gates of any of the houses aboue rehearsed commonly vsed for passage out or from any of the house or houses aboue specified shal be taken by the Coroner of the houshold of the King or his heires without adioyning of any other Coroner of any Shire by the othes of twelue or more of the Yeomen officers of the Kings c. houshold returned by the two Clerkes Comptrollers the Clerkes of the Checke Clerks Marshall or one of them for the time being of the foresayd houshold to whom the sayd Coroner shall direct his Precept which Coroner c. shall be assigned by the L. Steward for the time being And the said Coroner shall from time to time for euer without delay certifie vnder his Scale and the Seals of such persons as shal be so sworne before him all such Inquisitions Indictments and Offices vpon the view of all dead bodies which shall bee slaine within any of the K. Palaces or houses or other house aforesaid before the sayd L. Steward and in his absence before the Treasurer Comptroller and Steward of the Marshalsey or before two of them whereof the said Steward of the Marshalsey to be one And such Inquisitions and Offices so certified shal be taken as good to all intents as any Inquisition taken vpon the view of the bodie of any person being dead by any Coroner of any countie of this Realme hath béene or shal be adiudged St. 28. E. 1. 3 18 Whereas the foresaid stat of 28. E. 1. hath ordained One man Coroner of the K. house and of the county That if the death of a man doth chance in any county where the K. house is and within the Verge the Coroner of the same countie shal be commanded with the Coroner of the K. house to execute his office and to inroll it But if a murder or manslaughter be found within the countie of M. within the Verge by an Inquisition taken before one which is then both one of the Coroners of the county of M. and also Coroner of the K. house Co. li. 4. 46. and then there one is indicted of the same murder or manslaughter this is a good indictment for the intent and meaning of the said stat of 28. Ed. 1. is performed though not by two persons yet by one man hauing two offices and also the mischiefe recited in the said Act is auoyded for though the Court doth remoue yet the Coroner of the county may procéed ⧠Who shall be Iudge of Treason and Felonie 1HAuing written at large of Treasons and Felonies and shewed what sorts and how many of either of them there be and which of those were deliuered vs by the common law and which ordained by statute And declared who be principals and who be accessories in the said crimes how the offendors therein vpon a pricke and guilt of conscience doe ofttimes breake prison and indeuor to escape and how by Huy and cry and other means they be apprehended and brought to be tryed by the iustice of the law how they be accused by Appeals or Indictments in what sort they shal be restained and kept sub custodia legis in prison or by mainprise or bail vntil they haue answered their said offences And also hauing expressed what pleas the partie accused hath to plead for himselfe or other helps to defend himselfe by whom and what means those pleas shal be examined and what fauours bee affoorded him in the tryall therof and what iudgement execution forfeitures the law doth inflict vpon those that in contempt of her do commit the said capitall and most grieuous offence And further hauing dilated how a true man being vpon malice and falsly charged with felony by an Appeale or Indictment shall in some satisfaction of his discredit and losses recouer damages against the appellant his abettors or the conspirators And hauing laid open the authority duty of the Coroner who is a most antient officer of trust in this Realm a speciall preseruer of the peace of the King and the kingdome I am now lastly to write who shall bee Iudge in the foresaid Treasons and Felonies and shal inflict punishment vpon euerie transgressor of the said lawes according to his desert Wherein is to be considered that the dead letter of the common or statute law cannot be that Iudge to inquire of felons examine them commit them to prison indict them arraigne them allow them their lawfull triall examine their causes and yéeld them iustice according to their seueral demerits by acquital or condemnation but it must be Lex loquēs viz. That Iudge must be a man of learning and vprightnesse which by his mouth will speake and attribute to euery person that which the wisdome and integritie of his heart doth conceiue to be iust lawfull and due vnto them And though that Iudge ought so to be countenanced and protected by the regall authoritie that he shall not néed to feare the face of any man for doing of iustice and shall be enabled to crush and suppresse all offences within his iurisdiction yet the king himselfe cannot be that Iudge The K. cannot be Iudge in Treason or Felonie nor sit in iudgement in causes of treason or felonie because he is one of the parties to the iudgement for al treasons felonies be done be supposed to be done contrary to the peace crowne dignitie of the K. And further the escheates and other forf of lands leafes goods and cattels which do come by the attainder of any person of treason or felonie do for the most part by the law accrue to the king And so if the King might be Iudge hee should bee Iudge in his owne cause which Ius gentium doth not permit But the King by his Commission may commit that authoritie to others who may iudge betwéene him and the supposed offendor What sort of men ought to be Iudges And the King ought to make choyce of such a man to be Iudge as is wise and doth feare God who hath truth in his mouth and no couetousnesse in his heart who will neither decline from the troden path of iustice to the right hand nor to the left for the hope of prosperity or feare of aduersitie nor will draw the Kings sword to reuenge his owne wrongs who will denie iustice to none neither himselfe will expect or
in houses Wast in gardens Wast in men 10 Oppressions redressed by an Audita querela 11 Oppression by forestallers Ingrossers and Regrators Who is a Forestaller Who is an Ingrosser Who is a Regrator The punishment of Forestallers c. In what cases ingrossing and regrating be tollerable Changing of seed Buying and selling of cattell aliue The authoritie of I. of peace in these cases Trasporting allowed by Iustices When corne may bee transported Buying and selling of fish neere the Sea Drouers licenced to buy and sell cattell 12 Oppression by badgers laders c. Obseruations necessarie in all licences 13 Oppression of Printers and Stationers Oppression by Printers and Stationers 14 Oppression by transporting of gold and siluer 15 Oppression by transporting of copper c. 16 Oppression by Pewterers 17 Oppression of inhabitants of Market Townes 18 Oppression by taking of seuerall farmes Taking of farmes in the Isle of Wight 19 Oppression by keeping of many sheepe 20 Oppression by spiritual persons in taking of farmes Oppression by them in buying and selling Oppression by them in farming of Parsonages Oppression by them in keeping of Tan-houses or Brew-houses 21 Oppression by taking of excessiue toll 22 Oppression ought not to be done to aliens and strangers 23 Oppression by making of yron workes 24 Oppression by Brewers 25 Oppression by bringing into the Realme woollen cards 26 Oppression by erecting of Weares Oppression by destroying of spawne or fry of fish Oppression by fishing with vnlawfull nets 27 Oppression by buying and selling of fuell 28 Oppression by transporting of victuall 29 Oppression by vsurie 30 Oppression by cutting out the head of a conduit Oppression by burning of a cart laden Oppression by cutting out the tongue of a beast Oppression by cutting off the eares of a man Oppression by barking of trees 31 Oppression by hawking or hunting in corne growing 32 Oppression by taking of other mens fish 33 Oppression by decaying of townes and houses of husbandry 34 Oppression by decaying of tillage 35 Oppressions and all the former offences punishable in the Starre chamber Treasons Fol. 109. 1 What is Treason 2 A repeale of former Treasons Offences made Treason by Stat. 3 Compassing or imagining the death of the King c. A conspiracie by diuers executed by some of them 4 Leuying of warre or adhering to the Kinges enemies 5 Counterfeiting the K. Seale Conspyrators and ayders in Treason 6 Counterfeiting the Kings money Coyners of money by warrant doe abuse it 7 Petit Treason A seruant killeth his master or mistresse The wife conspireth to kill her husband 8 The sonne killeth father or mother 9 Treason in breaking of prison An indictor discouereth counsel 10 Treason by statute Treason by forging the coine of other realmes Treason by forging the Kings signe manuell 11 Bringing into the realm money counterfeit 12 Treason by clipping washing or filing of money 13 Treason by diminishing scaling or lightning of money 14 Treason by the maintaining the authoritie of the Bishop of Rome 15 The othe touching the Q. supreame gouernment Praemunire for the first refusall of the othe Treason for the second refusall of the othe 16 Treason for giuing or taking absolution from Rome Treason to obtaine Bulls from Rome 17 Treason to persuade to the Romish religion Treason to be persuaded to the Romish religion Practising to absolue or reconcile 18 Treason for Iesuites or Priests to come into the Realme 19 Treason in Seminary priests not returning 20 What Misprision of Treason is The forfeiture in Misprision 21 Misprision to counterfeit money not currant 22 Misprision to ayd persuaders to the Romish religion 23 Misprision to conceale reconciliation offered 24 Misprision to inroll an indictment not found 25 Misprision in drawing of a sword to strike a Iudge sitting in his place 26 Misprision in striking of a Iuror in a Iudges presence 27 Misprision by striking a man in Westminster Hall the Court sitting 28 Misprision by rescuing of a prisoner arrested by a Iudge 29 Shedding of bloud within the K. house 30 Triall of Treasons committed out of the Realme 31 Outlawrie of offendors in Treason being out of the realme 32 Triall of Treasons committed in Wales 33 The force of attainder of Treason by the common law 34 No record of Attainder shal be reuersed where the offendor is executed 35 Felonie made Treason by statute 36 An English traitor subiect to a forreine prince 37 An Alien borne committeth Treason 38 A subiect ioyneth the Kinges Armes to his owne Homicide Fol. 120. 1 Homicide by Iustice By necessitie By chaunce or misfortune By will 2 Homicide by Iustice The order of law not obserued in the execution of iustice 3 None may kill a man that is outlawed or attainted in Praemunire 4 Killing of a felon that wil not be arrested Euerie person may arrest a felon Killing of such as be vnlawfully assembled 5 Killing of him that is in carying to the gaole 6 Killing of a prisoner attempting to escape 7 Killing him that attempteth robberie or burglarie 8 Killing of an offendor in a Parke c. 9 Vnitie of possession in a chase or mannor 10 One killing of another in combat 11 Homicide vpon necessity in defence of his house from burning Homicide in defending himself from robberie 12 No forfeiture for Homicide vpon necessitie 13 Killing of another in his owne defence in his owne house 14 Necessitie ineuitable requisit in homicide in his own defence The definition of Homicide in his owne defence 15 Where in Homicide in his owne defence his goods shall bee forfeited and where not 16 Killing a man in his own defence found by verdict 17 The prisoner indicted for killing in his owne defence must plead not guiltie 18 How he shall be discharged that killeth a man in his owne defence 19 What is Homicide by misaduenture 20 The like order in misaduenture as in his owne defence 21 What is Homicide by murder What is Homicide by manslaughter 22 The name of murder Murder more grieuous than felonie 23 Wilfull poysoning is murder 24 Stabbing to death is murder 25 Murder by killing of a Constable comming to part a fray Murder by killing of a Sherife or his Officers in seruing of Proces Murder by killing of a watchman 26 Murder and Manslaughter committed in the death of one man 27 A man bearing malice to one killeth another 28 A man giueth poyson to one another taketh it and dyeth 29 Two agreeing to commit a Murder one of them doth it 30 Meaning to kil without the act is not Homicide Act in killing without meaning is Homicide 31 Homicide by giuing poisoned drinke to another 32 Many do attempt to doe an vnlawfull act and one of them doth kill a man 33 Homicide by carrying a sicke man into the ayre or cold 34 A man dyeth vnder the Physitians or Chirurgians care 35 Homicide vpon the euill words of another 36 Homicide by a Franticke man Homicide by a man that is deaf and dumbe Homicide
raigne that now is which is not or hath not bin the castle or dwelling house of any nobleman or gentleman nor the chiefe mansion house of any manor is and shal be adiudged a house of husbandry for euer and all acres spoken of in this statute shal be adiudged acres according to the Statute or Ordinance de terris mensurandis Which is an acre of land And euery person persons bodies politique and corporat which shall offend in not building erecting repairing continuing or maintaining of houses of husbandry according to the purport true meaning of the said statute The forf for not building a house of husbandry shall for euery house that shal not be erected builded repaired continued or maintained in necessary reparations tenantable according to the intent of the same act by the space of one yéere forf x. l. and so yéerely x. l. vntill the same shal be sufficiētly erected continued repaired c. and for euery acre of land meddow or pasture which shal not be laid vnto or let with such houses of husbandry when the same shal be demised shal forf for euery yéere that he or they shal so offend the summe of x. s̄ as long as often as such acre shall not in those respects be ordered vsed according to the intent of this act of which forf the K. shal haue one part the poore of the parish where the offence was committed the second part and he that will sue in any of the K. courts of record at Westminster the third and if none will sue thē the K. shal haue also that third part But no offendor shall be impeached or sued by vertue of this act Within what time the suit shal be presēted except the suit be brought and commenced by the party for the king himselfe within 2. yeares of the same offence done but where the suit shal be prosecuted for the K. only c. then within 3. yeeres after the offence done Oppression by decay of Tillage 34 By the stat of an 39. El. 2. it was ordained St. 39. El. 2 That all lands and grounds which now are vsed in tillage or for tillage hauing bin tillable lands fields or grounds such as next before the first day of this parliament haue béene by the space of 12. yeres together at the least vsed in tillage or for tillage according to the nature of the soile course of husbandry vsed in that part of the countrey shall not be cōuerted to any shéepe pasture or to the grazing or fatting of cattel by the occupiers or possessors thereof but shall according to the nature of that soile course of husbandry vsed in the part of the country continue to be vsed in tillage and for tillage for corne graine not for wood And if any person body politique or corporat shal offend against the premisses thē the offēdor shal forf for euery acre not restored or not cōtinued as is aforesaid x. s̄ for euery yere that he or they so offēd to be diuided into 3. parts then to be distributed as is aforesaid so that the suit be cōmenced or prosecuted wtin the time or times before mentioned I haue for some special causes herein set down but only the offēces penalties mentioned in the two last specified stat of an 39. El. 1. 2. Wherefore the two last stat bee not set down at large omitting purposely the exceptions reseruations prouisoes and some other matters in the same 35 As Menaces Assaults Batteries Imprisonments Maihems Riots Routs vnlawful assemblies Forgeries Periuries Maintenances Deceits Extortions Oppressions all other the crimes before mentioned haue from one age to another bin noted accused as maladies in the common wealth and adiudged condemned as professed enemies to the peace of the realme and by seuerall lawes statutes diuers penalties haue bin imposed vpō the transgressors thereof in a measure certaine within some limits So the prouidence of our forefathers sounding déeper into the corruptiō of mans nature foreséeing that sometime his cholerike passions turbulent spirit sometime the gall and bitternes of his heart sometime his couetous insatiable affections eftsoons his secret desires deuices of reuenge doe carry him headlong into exorbitant vnusuall designments practises be they neuer so contrary to the Lawes of God of Nature Reason in seueral degrées further thē our said lawmakers did then either fore-thinke feare or by particular words restraine knowing also that the subtiltie of the Serpent and of men of the serpents nature doth excéed the other beasts of the field haue therefore erected established the most honorable Court of Starre-chamber All the former offences punishable in the Star-chāber to the intent that the wisedome of that Court authorized partly by the K. prerogatiue partly by seuerall lawes statutes of the realme might search forth the serpents subtilty and vtterly crush dash the same and séeing the dead letter of each law doth ordaine in most cases but one kind of punishment for one sort of offence the circumspection of the makers of that law were they neuer so wise or experiēced could not foresée all the circumstances which in time might ensue in the maner of transgressing of that law Therfore the lords others of that high Court being now the speaking law representing the persons of the dead lawmakers carefull expositors of their meanings by their graue foresights déep considerations do looke into those offēces which be cōmitted contrary to the same lawes do search into euery quarter corner circumstance therof do pierce through the very bowels intrailes of them and the transgressors thereof as what persons of what estate St. 13. H. 4. 7 St. 2. H. 5. 8 degrée ability function or calling cōmitted the offēce to whom in what manner in what place at what time before whom with what number for what cause the same was done then do inflict punishmēt vpon the transgressors thereof first according to the lawes statutes therfore prouided then do qualifie or aggrauate the same according to the circumstances As it is a Riot punishable by the stat of An. 13. H. 4. Ann. 2. H. 5. if thrée persons or more do assemble together and beat or mayme a man pull downe his house pale or ditch wrongfully c. so if a great number of meane persons of small ability or credit shall assault a péere of the realme or a Knight or Esquire that is Custōs Rotulorum of the shire or a Iustice of peace and Quorum in his country shall strip and whip him shall pull downe his house to the ground shall set him in the stockes or on the pillory shall beat his wife and children kill his cattell and spoyle his corne before his face and shall vse other acts and wordes of infamie and disgrace vnto him and only for
that he did cause some lawfull punishment to be inflicted vpon certaine of them for their crimes notwithstanding all these or such like misdemeanors be neither Treason nor Felony by the Law but a Riot and yet in respect of the basenesse of the parties which committed this wrong of the cause for the which they put it in practise of the worthinesse of the person and of his place vpon whom it was executed of the barbarous course taken in the performance therof of the perillous exāple giuen to other malefactors these riotors deserue to bée censured with a much sharper punishment then the former For as there be no bounds obserued by leud and wicked persons of their outrages so be there no certaine means or limits assigned of their punishments but the said most honourable Court of estate may draw forth his Maiesties sword of iustice and first punish the said offences according to the particuler lawes and statutes prouided therfore and then euery person transgressing by himselfe according to the circumstance of his demerits as partly may appeare by the statute of anno 3. H. 7. St. 3. H. 7. 1. which expresseth some parts of the authority giuen to the Lords of the said Court and more by a branch of the statute of Magna Charta whereby it is enacted St. 9. H. 3. 14 That euery fréeman shall be amerced viz. punished for reasonable cause according to the quantity of his offence And further by the statute of Anno 33. H. 8. St. 33. H. 8. 1 which giueth the lords of the said Court of Starre-chamber authority to punish those who by counterfeit letters or tokens shall get other mens goods into their hands by imprisonment setting vpon the pillory or other corporall paine whatsoeuer except death ⧠Treasons 1 CRimen lesae Maiestatis What is Treason in our English tongue called Treason is a great offence done to the Maiesty of gouernement and the peace of the land which the wisdome of this Realme hath from age to age so much hated and abhorred that they haue persecuted those that were guiltie therin with most violent and vntimely death and with extreame and seuere tortures they haue ordained that an offendor therein shall be hanged and cut downe aliue that his bowels shall bée cut off and burned in his sight that his head shall bée seuered from his bodie that his quarters shall bée diuided asunder and disposed at the Kings pleasure and made food for the birds of the aire or the beasts of the field and that his wife and children shall be thrust out of his house and liuings that his séed and blood shall be corrupted that his lands and goods shall be confiscated and as by the statute of 29. H. 6. 1. it is ordained of the Traitor Iohn Cade he shall be called a false Traytor for euer And as our respectiue and considerat forefathers haue deuised to yéeld vnto those grieuous offendors Legem talionis and to teare their bodies lands and goods who doe practise to rent and pull asunder this Maiestie of gouernement by destroying the head or such as are like to be the principall succéeding members thereof or by diuiding the bodie into parts or by weakning the force and strength thereof or by subuerting the chiefe Magistrats of iustice or by counterfeiting staining or blemishing of the peculiar and royall Ensignes Cognisances and Sinewes thereof so haue they béene carefull and prouident that there should be no greater number of those dreadfull sharpe and bitter lawes than vrgent necessitie for the preseruation of that Maiestie of gouernment required And because it was in former times greatly doubted and ofttimes called in question amongst the Sages of the Realme and learned in the lawes which offences were by the common law high Treason and which not and which were petit Treason and which not and seuerall men were of seuerall opinions therein and to the intent that al future ages might know and be more vigilant to eschew the penalties thereof King Edward the third at his Parliament begun at Westminster the thirtéenth day of Ianuarie St. 25. E. 3. 2 in the 25. yere of his raign at the request of his Lords and petition of his Commons made a declaration thereof in manner as hereafter followeth viz. It is high Treason where a man doth compasse High treason or imagin the death of our Soueraigne Lord the King or of our Ladie the Quéene his wife or of their eldest sonne and heire or if a man doth deflower the Kings wife or the Kings eldest daughter being vnmaried or the kings eldest sonne and heires wife or if a man doe leuie warre against our Lord the king in his Realme or be adherent to the kings enemies in his Realme giuing to them aid and comfort in his Realme or else where and thereof be probably attainted of open deed by people of their owne condition And if a man do counterfeit the Kings great Seale or his priuie Seale or his money which offences Bracton doth terme Crimen falsi And if a man bring false money into this Realme counterfeit to the money of England knowing the money to be false Bracton de Corona cap. 3. to marchandise or make paiment in deceit of our Lord the King and his people And if a man kill the Chauncellor Treasurer or the Kings Iustice of the one Bench or the other Iustices of Eire and of Assises and all other Iustices assigned to heare and determine beeing in their places doing their Offices And it is to bée vnderstood that in the cases aforesaid it ought to bee adiudged Treason which extendeth to our Lord the King and his royall Maiestie And of such Treason the forfeiture of the escheat doth appertaine to our Lord the King as well of the lands and tenements holden of others as of himselfe And moreouer there is another manner of Treason Petit treason that is to say When a seruant killeth his Master or a wife her husband or when a secular or religious man killeth his Prelat to whom he oweth faith and obedience And such manner of Treason giueth the escheats to euery Lord of his owne fée And because many other cases of like Treason may happen in time to come which a man cannot thinke of nor declare at this present It is accorded that if any other case supposed to be treason that is not before specified doth happen of new before Iustices the Iustices shall stay without proceeding to iudgement of Treason vntill the case be declared and shewed before the King and his Parliament whether it ought to be adiudged Treason or other Felonie And in case any man of this Realme doe ride armed openly or secretly with people armed against another for to kill or rob him or to take and detaine him vntill he hath made fine and ransome to be deliuered it is not the King or his Counsels wil that in such case it shall be adiudged Treason but it shall be