adjudged and declared in Parliament And all other Treasons that are not here declared ought to be Felonies at the least because Felonies were made Treasons before the Stattute and because the words of the Statute are that it ought to be Treason or Felony but if it be but once declared in Parliament unless there be a Proviso that the Judges shall not proceed upon the like Cases they may afterwards proceed by force of this Statute There are Treasons at the Common Law notwithstanding the Stat. of 1 Mar. for that did take away those Treasons and Declarations of Treasons that were made in Parliaments from the time of our Statute to 1 Mar. but doth not take away the declarative Power in our Statute mentioned nor the Common Law but they do remain still as before FINIS CASES OF TREASON CHAP. I. WHERE a man doth compass or imagine the Death of the King the King's Wife the King 's eldest Son and Heir apparent if it appear by any overt act it is Treason Where a man doth violate the King's Wife the King 's eldest Daughtter unmarried the Wife of the King 's eldest Son and Heir apparent it is Treason Where a man doth levie War against the King in the Realm it is Treason Where a man is adherent to the King's Enemies giving them aid and comfort it is Treason Where a man counterfeiteth the King's Great Seal Privy Signet Sign Manual it is Treason likewise his Money Where a man bringeth into this Realm false money counterfeited to the likeness of English with intent to merchandise or make payment thereof and knowing it to be false money it is Treason Where a man counterfeiteth any Coyn current in payment within this Realm it is Treason Where a man doth bring in any money being current within the Realm the same being false and counterfeit with intent to utter it and knowing the same to be false it is Treason Where a man doth clip waste round or file any of the King's money or any Foreign Coyn current by Proclamation for gain-sake it is Treason Where a man doth any way impair diminish falsifie skale or lighten money current by Proclamation it is Treason Where a man killeth the Chancellor the Treasurer the King's Justices in Eire the King's Justices of Assises the Justices of Oyer and Terminer being in their several Places and doing their Offices it is Treason Where a man procureth or consenteth to Treason it is Treason Where a man doth persuade or withdraw any of the Kings Subjects from his obedience or from the Religion by his Majesty established with intent to withdraw any from the Kings obedience it is Treason Where a man is absolved reconciled or withdrawn from his obedience to the King or promiseth obedience to any Foreign Power it is Treason Where any Jesuit or any other Priest ordained since the first year of the Reign of Qu. Elizabeth shall come into or remain in any part of this Realm it is Treason Where any Person being brought up in a Colledge of Jusuits or Seminaries shall not return within six months after Proclamation made and within two dayes after his return submit himself to take the Oath of Supremacy if otherwise he do return and not within six months after Proclamation made it is Treason Where a man committed for Treason doth voluntarily break Prison it is Treason Where a Jaylor doth voluntarily permit a man committed for Treason to escape it is Treason Where a man relieveth or comforteth a Traitor and knoweth of the Offence it is Treason Where a man doth affirm or maintain any Authority of Jurisdiction Spiritual or doth put in ure or execute any thing for the advancement of setting forth thereof the third time it is Treason VVhere a man refuseth to take the Oath of Supremacy being tendred by the Bishop of the Diocese if he be any Ecclesiastical Person or by Commission out of the Chancery if he be a temporal Person such Offence the second time is Treason CHAP. II. The Punishment Tryal and Proceeding in Cases of Treason IN Treason the Corporal Punishment is by drawing on an hurdle from the place of the Prison to the place of Execution by hanging and being cut down alive bowelling and quartering and in VVomen burning In Treason there ensueth a corruption of blood in the Line ascending and descending In Treason Lands and Goods are forfeited and Inheritance as well intailed as Fee-simple and the profits of Estates for Life In Treason the Escheats go to the King and not to the Lord of the Fee In Treason the Land forfeited shall be in the Kings actual possession without Office In Treason there be no Accessaries but all are Principals In Treason no Sanctuary nor benefit of Clergy or peremptory Challenge is allowed In Treason if the Party stand mute yet nevertheless Judgment and Attainder shall proceed all one as upon Verdict In Treason no Counsel is to be allowed nor Bail permitted to the Party In Treason no Witnesses shall be received upon Oath for the Parties Justification In Treason if the Fact be committed beyond the Seas yet it may be tryed in any County where the King will award his Commission In Treason if the Party be non sanae memoriae yet if he had formerly confessed it before the Kings Council and that it be certified that he was of good Memory at the time of his Examination and Confession the Court may proceed to do Judgment without calling or arraigning the Party In Treason the death of the Party before Conviction dischargeth all Proceedings and Forfeitures In Treason if the Parties be once acquitted he should not be brought in question again for the same Fact In Treason no new Case not expressed in the Statute of 25 E. 3. or made Treason by any special Statute since ought to be judged Treason without consulting with the Parliament In Treason there can be no Prosecution but at the King's suit and the Kings Pardon dischargeth In Treason the King cannot grant over to any Subject Power and Authority to pardon it In Treason a Trial of a Peer of the Kingdom is to be by special Commission before the Lord high Steward and those that pass upon him to be none but Peers The Proceeding is with great Solemnity the Lord Steward sitting under a cloth of Estate with a white rod of Justice in his hand and the Peers may conferr together but are not any ways shut up and are demanded by the Lord Steward their Voices one by one and the plurality of Voices carries it In Treason it hath been an ancient Use and Favour from the Kings of this Realm to pardon the Execution of hanging drawing and quartering and to make Warrant for their beheading The Proceeding in case of Treason with a common Subject is in the Kings Bench or by Commission of Oyer and Terminer CHAP. III. Cases of Misprision of Treason WHere a man concealeth high Treason only without any consorting or abetting it is misprision of Treason
to enquire of onely and certifie to the Justices of Goal Delivery but those that are against the peace simply they are to enquire and punish 3. The third is To enquire of punish and remove all publick Nusances and grievances concerning Infection of Air corruption of Victuals ease of chaffer and contract of all other things that may hurt or grieve the people in general in their health quiet and welfare And to these three ends as matters of policy subordinate the Court Leet hath power to call upon the pledges that are to be taken for the good behaviour of the Residents that are not Tenants and to enquire of all Defaults of Officers as Constables Ale-tasters c. and for choice of Constables as aforesaid The Jurisdiction of these Leets is ever remaining in the King and in that case exercised by the Sheriff in his turn which is the grand Leet granted over to Subjects but yet it is still the Kings Court. 2. To the second as was said The Election of the pety Constable is at the Court Leet by the Inquest that makes the Presentments the Election of the Head Constables is by the Justices of the Peace at their Quarter Sessions 3. To the third The Office is annual except they be removed 4. To the fourth They be men as it is now used of inferiour yea of base condition which is a meer abuse or degenerating from the first Institution for the pety Constables in Towns ought to be of the better sort of Resiants in the said Town save that they ought not to be Aged or sickly but men of able Bodies in respect of keeping Watch and toil of their place neither ought they to be in any mans Livery And the High Constables ought to be of the ablest sort of Freeholders and of the substantiallest sort of Yeomen next to the degree of Gentlemen but they ought to be such as are not incumbred with any other Office as Mayor Under-sheriff Bailiff c. 5. To the fifth They have no allowance but are bound by Duty to perform their Offices gratis which may the rather be endured because it is but Annual and they are not tyed to keep or maintain any Servants or under-ministers for that every one of the King's People are bound to assist them 6. To the sixth Upon complaint made of his refusal to any one Justice of Peace the said Justice may bind him over to the Sessions where if he cannot excuse himself by some just allegation he may be fined and imprisoned for his Contempt 7. To the seventh The Authority of Constables as it is substantive and of it self or substituted and astricted to the Warrants and Commands of the Justices of Peace so again it is Original or Additional for either it was given them by the Common Law or else annexed by divers Statutes And as for subordinate Power wherein the Constable is onely to execute the Commandments of the Justices of Peace and likewise the additional power which is given by divers Statutes it is hard to comprehend them in any brevity For that they do correspond to the Office and Authority of the Justices of Peace which is very large and are created by the branches of several Statutes which are things of divers and dispersed natures But for the original and substantive Power of a Constable it may be reduced to three heads 1. For matter of Peace only 2. For matter of Peace and the Crown 3. For matter of Nusance Disturbance and Disorder although they be not accompanied with violence and breach of Peace For pacifying of Quarrels begun the Constables may upon hot words given or likelihood of breach of peace to ensue command them in the Kings name to keep the Peace and to depart and forbear and so he may where an Affray is made part the same and keep the Parties asunder and arrest and commit the Breakers of the Peace if they will not obey and call Power to assist him for the same purpose For punishment of breach of Peace past the Law is very sparing in giving any Authority to Constables because he hath no power judicial and the Use of his Office is rather for preventing or staying of Mischief than for punishing of Offences for in that part he is rather to execute the Warrants of the Justices or when suddden matter ariseth upon his view or notorious circumstances to apprehend Offenders and carry them before the Justice of Peace and generally to imprison in like cases of necessity where the case will not endure the present carrying before the Justices And thus much for the matters of Peace For matters of the Crown the Office of the Constable consisteth chiefly in four parts 1. The first is Arrest 2. The second is Search 3. The third is Hue and Cry 4. And the 4th is Seisure of goods All which the Constable may perform of his own Authority without any Warrant of the Justices of Peace 1. For first If any man will lay Murder or Felony to another's charge or do suspect him of Murder or Felony he may declare it to the Constable and the Constable ought upon such Declaration or Complaint carry him before a Justice and if by common voice or Fame any man be suspected the Constable of Duty ought to arrest him and bring him before a Justice though there be no other accusation 2. If any house be suspected for the receiving or harbouring of any Felon the Constable upon complaint or common fame may search 3. If any fly upon the Felony the Constable ought to raise Hue and Cry and search for his goods and keep them safe without impairing and to inventary them in the presence of honest neighbours 4. For matters of common Nusance and grievance they are of a very variable nature according to the several comforts which mans Life and Society requireth and the contraries which infest the same In all which be it matter of corrupting Air Water or Victuals or stopping straitning or indangering passage or general deceits in Weights Measures Sizes or counterfeiting Wares and things vendible the Office of the Constable is to give as much as in him lies Information of them and of the offenders in Leets that they may be presented But because Leets are kept but twice in the year and many of these things require present or speedy remedy the Constable in things of notorious and vulgar nature ought to forbid and repress them in the mean time 8. To the eighth They are for their Contempt to be fined and imprisoned by the Justices in their Sessions 9. To the ninth The Oath they take is in this manner YOV shall swear that you shall well and truly serve the King and the Lord of this Law-day and you shall cause the Peace of our Lord the King to be well and duely kept to your power And you shall arrest all those that you see committing Riots Debates and Affrayes in breach of Peace And you shall well and duely endeavour
we say to the bringing in of Money what not the bringing in of Foreign Money ought to be intended of Money that is counterfeited in another Realm and like unto ours for the words are so Money and not of Foreigners Money If two conspire to Coyn and Counterfeit and one of them doth it 19 H. 6.43 Stam. pl. 3. it is Treason in both 19 H. 6.43 Stamf. Pleas 3. a. but an intention to counterfeit is not Treason within this Law The Barons of the Exchequer are within this Law and it is agreed in Tanfields Case who was one of the Barons of the Exchequer that he was within the words of the Statute and the words of Oyer and Terminer are within this Law but all other Judges are not as the Ecclesiastical Judges are not within this Law for they hold with the Court of Rome and did derive their Authority from him in ancient Time Neither is a Constable within this Law The second Case I. S. Slits the Great Seal The second Case and closeth it to a Commission and coyns Money in the form of Shillings invertendo the Arms kills the Lord Keeper of the Great Seal in Chancery and brings in false Money like English to Merchandize knowing it to be false but doth not offer it and I. S. knowing this doth succour him The Conclusion is that I. D. is a Traytor in omnibus and I. D. also within this Law the first Act is slitting of the Seal and putting of it to the Commission and that is Treason first because that is slit whereby it is become now no Seal at all it cannot be said that this half is the Broad Seal or that the other half is the Broad Seal for they both together make but one Broad Seal and when he hath closed them together again and joyned them to a Commission he hath made the Seal a new for it was no Seal when it was slit but now it is The second Reason is in respect of the mischief that doth come by this translating of an old Seal to a new Commission for both the King and his Subjects are as much abused as if it had been counterfeited and the Reason of Laws and not Authority ought to be our Rule to go by for judicandum est legibus 40 Ass 33. Bro. Tit. Treas 17. Brit. cap. 4. fol. 10. non exemplis and so he conceiveth the Case in Bro. Tit. Treas â— to be no grand Law This was Treason also at Common Law as you shall find it exprest in Britton cap. 4. fol. 10. and in the Mirror of Justice cap. 1. sect 6. and since the Statute in the same Kings time that this Statute was made in and they who knew best the Reasons and Grounds of this Statute and the meaning thereof and were at the making thereof by all likelihood did adjudge it Treason to take an old Seal from an old Patent and to put it to a new one as in 40 Ass pl. 33. and 2 H. 4.33 and Stamford saith 40 Ass pl. 33. 2 H. 4.33 that it was so adjudged in his time In all Treasons that do concern the person of the King the judgement ought to be That he shall be hanged drawn and quartered but for other Treasons that do not immediately concern the person of the King the judgment ought to be That he shall be drawn and hanged only and not that he shall be quartered 1 H. 6.5 19 H. 6.47 6 H. 7.13 As it is in 1 H. 6.5 19 H. 6.47 The second Act is The Counterfeiting of the Kings Money and the inverting of the Arms of the King whereby the Kings Liege people and others may be deceived for that is a sufficient Alteration to make it Treason although it be such a one as cannot be discerned without special notice taken of it And this doth appear by the judgment given in the Star-Chamber for the counterfeiting of Farthings And it is Treason for any man to bear the Kings Arms as it appears in the Earl of Surreys Case The third Act is The killing of the Officers of the King as of the Lord Keeper and that is Treason within this Law for the Lord Keeper is now Chancellor although at that time when this Statute was made the Lord Chancellors Office and the Lord Keepers Office were two several and distinct Offices yet they are made now both one Office 5 Eliz. c. 18 15 E. 3. c. 2 and that is by the Statute of 5 Eliz. cap. 18. and this Statute of 15 E. 3. cap. 2. may and doth extend to that Statute of 5 Eliz. which comes after as is very fully exprest to the purpose though not to this Case in Co. 4. fol. 4. Vernon's Case the Statute of Marleborough which was made 52 H. 3. gave the word of the Tenant that held by Knight-service notwithstanding he had made a Feoffment by collusion from which time and for 200 years and more till the Statute of the 4. of H. 7. cap. 17. which gave the Ward of the Heir of Costigase the Heir of Costigase was not in Ward and yet it is held in the 27 of H. 8.9 that if Costigase after the Statute of 4 H. 7. makes a Feoffment in Fee by collusion to defraud the Lord of his Ward that this is taken within the Equity of the Statute of Marleborough and so of divers other Cases that you may see there cited in Vernon's Case above mentioned The Fourth Act is The bringing in of false Money like unto our English Money for to Merchandize withal and this is Treason for here is not only an intent but there is also an Act joyned with this intent for he brings over this Money which is the Act with an intent to Merchandize The second Conclusion is that I. D. is a Traytor within this Law and his Treason doth go or extend to all the other four Treasons that were committed by I. S. for this succouring of him after the Fact committed makes him a Traytor within this Law And at the Common Law before the making of this Statute if a man had succoured one that had committed Treason knowing him to have committed it he had been a Traytor And so if one doth now succour a Felon it is Felony in the Succourer And why should it not be so in our Case For the Reason of Law in our Case is far stronger that the Succourer of a Traytor should be a Traytor than the succouror of a Felon should be a Felon because the Offence is greater and therefore it is an aggravation of his punishment to make him that no man shall receive or succour him for we see the Law inflicts a greater punishment upon a Traytor than upon a Felon and that is to deterr men from such Acts as those are And so it appears that there is Reason why he should be a Traytor although he be not within the words of the Statute And therefore it is in the Reason of the
Where a man counterfeiteth any Foreign Coyn of Gold or Silver not current in this Realm it is misprision of Treason Where a man fixes an old Seal to a new Patent it is misprision of Treason CHAP. IIII. The Punishment Tryal and Proceeding in cases of misprision of Treason THE Punishment of Misprision of Treason is by perpetual Imprisonment loss of the Issues and Profits of their Lands during Life and loss of goods and Chattels The Proceeding and Trial is as in cases of High Treason In misprision of Treason Bail is not admitted CHAP. V. Cases of Petty Treason WHere a Servant killeth his Master the Wife the Husband the Spritual man his Prelate to whom he is subordinate and oweth Faith and Obedience it is pettie Treason Where a Son killeth the Father or Mother it hath been questioned whether it be petie Treason and the late experience and opinion seemeth to sway to the contrary tho against Law and Reason in my judgment Where a Servant killeth his or her Master or Mistress after they are out of Service it is petie Treason CHAP. VI. The Punishment Tryal and Proceedings in cases of Petie Treason IN Petie Treason the Corporal Punishment is by drawing on an hurdle and hanging and in a Woman burning In petie Treason the Forfeiture is the same with the Case of Felony In petie Treason all Accessaries are but in case of Felony CHAP. VII Cases of Felony WHere a man committeth Murder or Homicide of Malice prepensed it is Felony Where a man committeth Murder that is breaking of an House with an intent to commit Felony it is Felony Where a man committeth manslaughter that is Homicide of sudden heat and not of Malice prepensed it is Felony Where a man rideth armed with a felonious intent it is Felony VVhere a man doth maliciously and feloniously burn any man's house it is Felony VVhere a man doth maliciously c. burn corn upon the ground or in stack it is Felony VVhere a man doth maliciously cut out another man's Tongue or put out his Eyes it is Felony VVhere a man robbeth or stealeth viz. taketh away another man's Goods above the value of 12 d. out of his possession with intent to conceal it it is Felony VVhere a man imbezelleth and withdraweth any of the King's Records at Westminster whereby a Judgment is reversed it is Felony VVhere a man having the custody of the King's Armour Munition or other Abiliments of VVar doth maliciously convey away the same it is Felony if it be to the value of twenty shillings VVhere a Servant hath Goods of his Masters delivered unto him and goeth away with them it is Felony VVhere a man conjures or invokes wicked Spirits it is Felony VVhere a man doth use or practise VVitchcraft whereby any Person shall be killed wasted or lamed it is Felony VVhere a man practiseth any VVitchcraft to discover Treasure hid or to discover stollen goods or to provoke unlawful Love or to impair or hurt any mans Cattel or Goods the second time having been once before convicted of like offence it is Felony VVhere a man useth the craft of multiplication of Gold or Silver it is Felony VVhere a man receiveth a Seminary Priest knowing him to be such a Priest it is Felony VVhere a man taketh away a VVoman against her VVill not claiming her as his VVard or Bond-woman it is Felony VVhere a man or woman marrieth again his or her former Husband or VVife being alive it is Felony VVhere a man committeth Buggery with man or Beast it is Felony VVhere any Persons above the number of twelve shall assemble themselves with intent to put down Inclosures or bring down prices of Victuals c. and do not depart after Proclamation it is Felony Where a man shall use any words to encourage or draw any People together ut supra and they do assemble accordingly and do not depart after Proclamation it is Felony Where a man being the King 's sworn Servant conspireth to murder any Lord of the Realm or any Privy Councellor it is Felony VVhere a Souldier hath taken any parcel of the King's wages and departeth without Licence it is Felony Where a Recusant which is a Seducer and Perswader and Enticer of the King's Subjects against the King's authority in Ecclesiastical Causes or a perswader of Conventicles or shall refuse to abjure the Realm it is Felony Where Vagabonds be found in the Realm calling themselves Egyptians it is Felony Where a Purveyor doth take without Warrant or otherwise doth offend against certain special Laws it is Felony Where a man hunts in any Forest Park or Warren by night or by day with Vizard or other disguisements and is examined thereof and concealeth his Fact it is Felony Where one stealeth certain kind of Hawks it is Felony Where a man committeth Forgery the second time having been once before convicted it is Felony Where a man transporteth Rams or other sheep out of the Kings Dominions the 2d time it is Felony VVhere a man being imprisoned for felony breaks Prison it is Felony VVhere a man procureth or consenteth to Felony to be done it is Felony as to make him accessary before the Fact Where a man receiveth or relieveth a Felon it is Felony as to make him accessary after the Fact VVhere a Woman by the constraint of her Husband in his presence joyneth with him in committing of Felony it is not Felony in her neither as Principal nor as Accessary Homicide or the killing of a man is to be considered in four kinds Chance-medley Se defendendo Man-slaughter Wilful Murder CHAP. VIII The Punishment Tryal and Proceedings in Cases of Felony IN Felony the corporal Punishment is hanging and it is doubtful whether the King may turn it into beheading in case of a Peer or other Person of Dignity because in Treason the striking off the Head is part of the Judgment and so the King pardoneth the rest but in Felony it is no part of the Judgment and the King cannot alter the execution of Law yet Presidents have been both wayes If it be upon Indictment the King may but upon an Appeal he cannot In Felony there followeth corruption of Blood except it be in cases made Felony by special Statutes with a Proviso that there shall be no corruption of blood In Felony Lands in Fee simple and goods and Chattels are forfeited and the profits of Estates for Life are likewise forfeited but not Lands intailed and by some Customs Lands in see simple are not so forfeited The Father to the Bough The Son to the Plough as in Gavel-kind in Kent and other places In Felony the Escheats go to the Lord of the Fee and not to the King except he be Lord But profits for the Estates for Lives or in Tail during the Life of Tenant in Tail go to the King And the King hath likewise annum diem vastum In Felony Lands are not in the King before Office nor in the Lord before
Entry or Recovery in a Writ of Escheat or Death of the Party attainted In Felony there can be no proceeding with the Accessary before there be a proceeding with the Principal If he dye or plead his Pardon or have his Clergy before Attainder the Accessary can never be dealt with In Felony if the Party stand mute and will not put himself upon Tryal or challenge peremptorily above that the Law allows he shall have Judgment not of hanging but of penance of pressing to death but there he saves his Lands and forfeits only his Goods In Felony at the Common Law the benefit of Clergy or Sanctuary was allowed but now by Stat. it is taken away in most cases In Felony Bail may be admitted where the Fact is not notorious and the Person not of ill name In Felony no Councel is to be allowed to the Party no more than in Treason In Felony if the fact be committed beyond the Seas or upon the Seas super altum mare there is no Tryal at all in one case nor by course of Jury in the other but by the Jurisdiction of the Admiralty In Felony no witness shall be received upon Oath for the Parties Justification no more than in Treason In felony if the Party be non sanae memoriae although it be after the fact he cannot be tryed nor adjudged except it be in course of Outlawry and that is also erroneous In felony the Death of the Party before Conviction dischargeth all Proceedings and Forfeitures In felony if the Party be once acquit or in peril of Judgment of Life lawfully he shall never be brought in question again for the same fact In felony the prosecution may be either at the King's Suit or by way of Appeal the Defendent shall have his course and produce Witnesses upon Oath as in Civil Causes In Felony the King may grant hault Justice to a Subject with the Regality of Power to pardon it In Felony the Tryal of Peers is all one as in case of Treason In Felony the Proceedings are in the King's Bench or before Commissioners of Oyer and Terminer or of Goal-delivery and in some case before Justices of the Peace CHAP. IX Cases of Felony de se with the Punishment Tryal and Proceedings IN the Civil Law and other Laws they make a difference of Cases of Felony de se for where a man is called in question upon any capital Crime and killeth himself to prevent the Law there they give the Judgment in all points of forfeiture as if they had been attainted in their Life-time And on the other side where a man killeth himself upon impatience of Sickness or the like they do not punish it at all but the Law of England taketh it all in one degree and punisheth onely with loss of Goods to be forfeited to the King who generally grants them to his Almoner where they be not sormerly granted unto special Liberties CHAP. X. Cases of Premunire WHere a man purchaseth or accepteth any provision that is collation of any Spiritual Benefice or Living from the See of Rome it is Premunire Where a man shall purchase any Process to draw any People of the Kings Allegiance out of the Realm in plea whereof the cognizance pertains to the Kings Court and cometh not in Person to answer his contempt in that behalf before the King and his Council or in his Chancery it is Premunire Where a man doth sue in any Court which is not the King's Court to defeat or impeach any Judgment given in the Kings Court and doth not appear to answer his Contempt it is Premunire Where a man doth purchase or pursue in the Court of Rome or elsewhere any Process Sentence of Excommunication Bull or Instrument or any other thing which toucheth the King in his Regality or his Realm in prejudice it is Premunire Where a man doth affirm or maintain any Foreign kind of Jurisdiction Spiritual or doth put in ure or execution any thing for the advancement or setting forth thereof such Offence the second time committed is Premunire Where a man refuseth to take the Oath of Supremacy being tendred by the Bishop of the Diocese if it be an Ecclesiastical Person or by a Commission out of the Chancery if he be a Temporal Person it is premunire Where a Dean and Chapter of any Church upon the Conge de Lier of an Archbishop or Bishop doth refuse to elect any such Archbishop or Bishop as is nominated unto them in the Kings Letters missive it is Premunire Where a man doth contribute or give relief to any Jesuit or Seminary Priests or to any Person brought up therein and called home and not returning it is case of Premunire Where a man is a Broker of an usurious contract above ten in the hundred it is Premunire CHAP. XI The Punishment Tryal and Proceeding in Cases of Premunire THe Punishment is by Imprisonment during Life forfeiture of Goods forfeiture of Lands in fee simple forfeiture of the profits of Lands Intailed or for Life The Trial and Proceeding is as in cases of Misprision of Treason and the Tryal is by Peers where a Peer of the Realm is the Offender Striking any man in the face of the King's Courts is forfeiture of Lands perpetual Imprisonment and loss of that hand CHAP. XII Cases of Abjuration and Exile and the Proceedings therein WHere a man committeth any Felony for the which at this day he may have priviledge of Sanctuary and confesseth the Felony before the Coroner he shall abjure the Liberty of the Real and chuse his Sanctuary and if he commit any new offence or leave his Sanctuary he shall lose the Priviledge thereof and suffer as if he had not taken Sanctuary Where a man not coming to the Church and being a Popish Recusant doth perswade any the Kings Subjects to impugn his Majesties Authority in Causes Ecclesiastical or shal perswade any Subject to come to any unlawful Conventicles and shall not after conform himself within a time and make his submission he shall abjure the Realm and forfeit his Goods and Lands during Life and if he depart not within the time prefixed or return he shall be in the degree of a Felon Where a man being a Popish Recusant and not having Lands to the value of 20 Marks per annum nor goods to the value of 40 l. shall not repair to his dwelling or place where he was born and there confine himself within the compass of five miles he shall abjure the Realm and if he return he shall be in case of a Felon Where a man kills the King 's Deer in Chases or Forests and can find no Sureties after a years Imprisonment he shall abjure the Realm Where a man is a Trespasser in Parks or in Ponds of fish and after three years Imprisonment cannot find Sureties he shall abjure the Realm Where a man is a Ravisher of any Child whose Marriage belongs to any Person and marrieth the said Child after years
of consent and is not able to satisfie for the Marriage he shall abjure the Realm CHAP. XIII Cases of Heresie and the Trial and Proceedings therein THE Declaration of Heresie and likewise the Proceedings and Judgment upon Hereticks is by the Common Laws of this Realm referred to the Jurisdiction Ecclefiastical and the Secular Arm is reached to them by the Common Laws and not by any Statute for execution of them by the Kings Writ de Haeretico comburendo CHAP. XIV The Kings Prerogative in Parliament THE King hath an absolute negative Voice to all Bills that pass the Parliament so as without his Royal Assent they have a meer nullity and not so much as Authoritas praescripta or Senatus consulta had notwithstanding the Intercession of Tribunes The King may summon Parliaments dissolve them prorogue them and adjourn them at his Pleasure The King may add Voices in the Parliament at his Pleasure for he may give Priviledge to Borough Towns as many as he will and may likewise call and create Barons at his pleasure No man can sit in Parliament except he take the Oath of Allegiance CHAP. XV. The Kings Prerogative in matters of War or Peace THE King hath power to declare and proclaim War and to make and conclude Peace and Truce at his pleasure The King hath power to make Leagues and Confederacies with Foreign States more straight and less straight and to revoke and disannull them at his pleasure The King hath power to command the Bodies of his Subjects for the service of his Wars and to muster train and levy men and to transport them by Sea or Land at his pleasure The King hath power in time of War to execute Marshal Law and to appoint all Officers of War at his pleasure The King hath power to grant his Letters of Mart and Reprisal for remedy to his Subjects upon foreign wrongs at his pleasure The King hath power to declare Laws by his Letters Patents for the government of any place conquered by Arms at his pleasure The King may give Knight-hood and thereby mable any Subject to perform Knights Service at his pleasure CHAP. XVI The Kings Prerogative in matters of Moneys THE King may alter his Standard in baseness or fineness of his Coyn at his pleasure The King may alter his stamp in form at his pleasure The King may alter the valuations of his Coyn and raise and fall Moneys at his pleasure The King by his Proclamation may make Moneys of his own current or not current at his pleasure The King may take or refuse the Subjects Bullion and Coyn more or less money The King by his Proclamation may make Fereign money current or not current CHAP. XVII The Kings Prerogative in matters of Trade and Traffick THE King may constrain the Person of any of his Subjects not to go out of the Realm at all The King may restrain any of his Subjects to go out of the Realm into any special Part foreign The King may forbid the exportation of any Commodities out of the Realm The King may forbid the importation of any Commodities into the Realm The King may set a reasonable Impost upon any Foreign Wares that come into the Realm and so of Native Wares that go out of the Realm CHAP. XVIII The Kings Prerogative in the Persons of his Subjects THE King may create any Corporation or Body Politick and enable them to purchase and grant and to sue and be sued and that with such restrictions and modifications as he pleases The King may denizen and enable any Foreigner for him and his Descendents after the Charter though he cannot naturalize nor enable him to make pedegree from Ancestors Paramount The King may enable any attainted Person by his Charter of Pardon to purchase and to purge his Blood for the time to come though he cannot restore his Blood for the time past The King may enable any dead Person in Law as men professed to take and purchase to the King's Benefit CHAP. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables TO the first Of the Original of the Authority of Constables it may be said Caput inter nublia condit for the Authority was granted upon the Ancient Laws and Customes of this Kingdom practised long before the Conquest and intended and instituted for the conservation of the Peace and repressing all manner of disturbance and hurt of the People and that as well by way of prevention as punishment but yet so as they have no Judicial power to hear and determine any cause but onely a Ministerial power as in the answer of the seventh Article more at large is set down As for the Office of the High Constable the original of that is yet more obscure for though the High Constables Authority hath the more ample Circuit he being over the hundred and the pety Constable over the Village yet I do not find that the pety Constable is subordinate to the High Constable or to be ordered or commanded by him and therefore I doubt the High Constable was not ab origine but that when the business of the Countrey increased the Authority of the Justices of Peace was inlarged by divers Statutes then for conveniency sake the Office of High Constables grew in use for the receiving of the Commands and Precepts from the Justices of Peace and distributing them to the petie Constables and in token of this the Election of High Constables in most parts of the Kingdom is by the appointment of the Justices of Peace whereas the election of the pety Constable is by the People But there be two things unto which the Office of Constable hath special reference and which of necessity or at least a kind of congruity must precede the Jurisdiction of that Office either the things themselves or somewhat that hath a similitude or analogy towards them 1. The one is the division of the Territory or gross of the Shires into Hundreds Villages and Towns for the High Constable is Officer over the Hundred and the pety Constable is over the Town or Village 2. The other is the Court Leet unto which the Constable is a proper Attendant and Minister for there the Constables are chosen by the Jury there they are sworn and there that part of their Office which concerneth Information is principally to be performed for the Jury is to present Offences and the Offenders are chiefly to take light from the Constables of all matters of Disturbance and Nusance of the People which they in respect of their Office are presumed to have best and most particular knowledge of CHAP XX. Three ends of the Institution of the Court Leet 1. THe first end of the Institution of the Court Leet is To take the Oath of Allegiance of all Males above the Age of twelve years 2. The second To enquire of all offences against the peace and for those that are against the Crown and Peace both