Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	appear_v	king_n	time_n	1,388	5	3.3713	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29944	A compendious collection of the laws of England, touching matters criminal faithfully collected and methodically digested, not only for the use of sheriffs, justices of the peace, coroners, clerks of the peace, and others within that verge, but of all the people in general, by J.B. Esq.; Laws, etc.	England and Wales.; Brydall, John, b. 1635?	1676 (1676)	Wing B5257; ESTC R36068	85,587	180

without for Reward c. is an Adhering to the Kings Enemy and consequently Treason declared by the Act of 25. E. 3. Whether the Aiding or succouring of a Rebel beyond Sea be Treason A is out of the Realm at the time of a rebellion within England and one of the Rebels doth fly out of the Ream whom A knowing his treason doth aid or succour this is no Treason in A by the Stat. of 25. E. 3. because the Traitor is no enemy Vtrum Exteri qui cum Subditis contra Principem militant Rebelles sint habendi An Enemy coming in open hostility into England and taken shall be either executed by Marshal Law or ransomed for he cannot be indicted of Treason for that he was never within the Protection or Ligeance of the King and the Indictment of Treason saith Contra Ligeantiam suam debitam But if a Subject joyn with a Foreign Enemy and come into England with him he shall not be taken prisoner here and ransomed or proceeded with as an Enemy shall but he shall be taken as a Traitor to the King Whether an English Man born consulting with a Foreign Prince to invade his Country may be charged with High treason A Consultation was had concerning John Story Doctor of Law the Duke of Alva's Searcher whether he being an English Man born who in Brabant had consulted with a Foreign Prince about invading his Countrey and had shewed the means of Invasion might have been charged with High treason The skilfullest Lawyer affirmed that he might Whereupon he was arraigned and being to be charged with Treason for that amongst other things he had shewed to the Duke of Alva's Secretary the means to invade England raise Ireland into rebellion and excite the Scots to break into England all at once He refused to submit himself to Tryal and to the Laws of England and affirmed that the Judges had no power over him for that he was not a Subject sworn to the Queen of England but to the King of Spain But he was condemned according to the ordinary forme of Nihil dicit and suffered the death of a Traitor for that no Man can shake off his Countrey wherein he is born nor abjure his native saile or his Prince at his pleasure Nemo Putriam in qua natus est exuere nec Ligeantiae debitum ejurare possit With this Law doth concurre the Civil Law Origine propria neminem posse voluntate sua eximere manifestum est 5. Touching Fausonnery If a Man counterfeit the Kings Great or Privy Scale or his Money it is High treason All antient Authors agree that this was High treason by the Common Law as Bracton Britton Fleta and the Mirrour The Forging of the Kings Coyn is High treason without utterance of it for by the Act of 25. E. 3. the Counterfeiting is made High treason One Morgan and two others were indicted for Counterfeiting twenty Shilling Pieces of the Kings Coyn and Morgan for uttering those Pieces to the Kings Subjects knowing them to be counterfeit and being thereupon arraigned he pleaded Not guilty And evidence being pregnant against Morgan he was found guilty and the others were acquitted And Judgment given that he should be drawn and hang'd but not to be quartered according to the opinion of Stamford f. 182. Note that by the Stat. of 5. Eliz. to clip wash round or file for wicked lucre and gain is declared High treason So by the Statute of 18. Eliz. 't is enacted that diminishing scaling or lighting of the Kings Coyn within this Realm is High treason Touching Money the Civil Law speaks thus Qui falsam monetam percusserint si id totum formare noluerunt suffragio justae poenitentiae absolvuntur D. 48. 10. 19. De falsa Meneta Quicunque Nummos aureos partim raserit partim tinxerit vel finxerit si quidem liberi sunt ad bestias dari si servi summe supplicio affici debent D. 48. 10. 8. 6 and last Bringing into the Realm Counterfeit Coyn. If a Man bring false Money into this Realm counterfeit to the Money of England knowing the Money to be false to Merchandise or make payment in deceit of our Soveraign Lord the King and of his People it is High treason But note that the uttering of false Money in England though the Person know it to be false and counterfeit to the Likeness of the Coyn of England is no Treason within the Statute of 25. E. 3. unless he brought it from a Foreign Nation for the words of the Statute are Si Home apport faux Money en cest Realm Having related the several parts or kinds of Treason within the Stature of 25. E. 3. I shall add these few Queries touching High treason and so conclude Whether a mad Man may be guilty of High treason The antient Law was that if a mad Man had killed or offered to kill the King it was holden for Treason and so it appears by King Alfreds Law before the Conquest and in Beverleys Case for the King is Caput Salus Reipublicae a Capite bona valetudo transit in omnes and for this cause Kings Persons are so Sacred that none may offer them violence without being guilty of High treason Et pereat unus ne pereant omnes But now by the Statute of 25. E. 3. and by force of the words Fait compasser ou imaginer la mort he that is Non compos mentis and totally deprived of all compassings and imaginations cannot commit High treason by compassing or imagining the death of the King for furiosus solo furore punitur and furor in the Civil Law is continuata mentis alionatio qua quis omni intellectu caret If a Man commit Treason and confesseth the same or be thereof otherwise convict if afterwards he become de non sanae memoriae he shall not be called to answer or if after Judgment he become de non sanae memoriae he shall not be executed for it cannot be example to others The Civil Law Culpam non admittit qui suae mentis non est Si per furorem aliquis parentem occiderit impunitus erit Divi Fratres rescripserunt super eo qui per furorem matrem necaverat Nam sufficere furore ipso eum puniri Whether an Alien residing here can commit High treason All Aliens that are within the Realm of England and whose Soveraign are in amity with the King of England are within the protection of the King and do owe a Local or Topical obedience to the King are within the Act of 25. E. 3. and if they commit Treason against the King they shall be punished as Traitours and the Indictment shall say contra Legeantiae debitum Whether the killing of a Foreign Ambassadour residing here be High treason Albeit the malicious killing of an Ambassabour be justi

ils happen a variance per que illuy ferist en le gule puis en le Teste issint en divers Lieux del corps tanque qu'il fuit mort donques il trahist le corps en le corne les Justices pur sonrendr ' pur ceo que il narroit le matter playnem ent respite le Judgment plusours Justic disont que il fuit deigne mort c. And the Reason is quia malitia supplet etatem with this our Rule do concur the Roman Laws Impunitas delicti propter etatem non datur si modo in ea quis sit in quam crimen quod intenditur cadere potest i. e. si modo sit proximus pubertati ea sentiat in quibus deliquit Malitia minor is etatem justam esse representat ac supplet vel sic Malitioe non succurritur Whether Malice prepensed must be continuing till the mort al wound given Albeit there had been malice between two and after they are pacified and made friends and after this upon a new occasion fall out and the one killeth the other this is Homicide but no murder because the former malice continued not So if A. command B. to kill C. and before the Act be done A. repenteth and countermandeth his Commandment and charge B. not to do it if B. after killeth him A. is not accessory to it for the malicious mind of the Accessory ought to continue to do ill untill the Act done Whether Murder can be committed of a child in utero matris If a Woman be quick with Child and by a Potion or otherwise killeth it in her womb or if a man beat her whereby the Child dyeth in her Body and she is delivered of a dead Child this is a great misprision and no murder But if the Child be born alive and dyeth of the Potion Battery or other cause this is murder for in Law it is accounted a reasonable Creature in rerum natura when it is born alive The Law holden in Bracton's time was si aliquis qui mulierem pregnantem percusserit vel ei venenum dederit per quod fecerit abortivus si puerperium jam formatum fuerit maxime si fuerit animatum facit homicidium And let us now see what the civil Law saith de partu abacto si mulierem visceribus suis vim intulisse quo partum abigeret constiterit eam in exilium preses Provinciae exiget Cicero in oratione pro Cluentio Avito scripsit Milesiam quandam mulierem cum esset in Asia guod ab hberedibus secundis accepta pecunia partum sibi medicamentis ipsa abegisset rei Capitalis essedamnatam Whether it be murder in a Mother to conceal the death of her Bastard Child It is Enacted That if any Woman be delivered of any Issue Male or Female which being born alive should by the Lawes be a Bastard and she endeavour privately either by drowning or secret burying thereof as that it may not come to light whether it were born alive or not but be concealed In every such case the said Mother so offending shall suffer death as in case of murder except such Mother can make proof by one witness at least that the Child whose death was by her so intended to be concealed was born dead Whether he that stabbeth another to death shall suffer as in case of wilful murder It is Enacted That every person which shall stab or thrust any person that hath not then any Weapon drawn or hath not then first stricken the party which shall be so stabbed or thrust so as the person stabbed or thrust shall thereof dye within the space of six months although it cannot be proved that the same was done of malice forethought yet the party so offending and being thereof convicted by the Verdict of Twelve men Consession or otherwise according to the Laws of this Realm shall be excluded from the benefit of his Clergie and suffer death as in case of wilful murder Whether a Murder committed out of the Realm can be tryed by the Common Law If two of the Kings Subjects go over into a Forreign Countrey and fight there and the one kill the other this Murder being done out of the Realm cannot be for want of Tryal heard and determined by the common Law of England but it may be heard and determined before the Constable and Marshal whose Sentence is upon the testimony of witnesses and combat and accordingly where a Subject of the King was slain in Scotland by others of the Kings Subjects the Wife of the party slain had her appeal therefore before the Constable and Marshal and so it was resolved in the 35th year of Queen Elizabeth in the case of Sir Francis Drake who strook off the head of Dowtie in partibus transmarinis that his Brother and Heir might have an appeal So if a man be mortally wounded in France and dyeth thereof in England it is said that an Appeal doth lye upon the statutes of 12 R. 2. c. 2. and 1 H. 4. c. 14. for it is not punishable by the common Law because the stroak was given there where no Visne can come and therefore the same shall be heard and determined before the Constable and Marshal Thus much of Murder proceeding from Malice prepensed and expressed as for Malice implyed it hapneth in three cases 1 In respect of the manner of the deed as if one killeth another without any provocation of the part of him that is slain the Law implyeth malice if one make a wry or distorted mouth or the like countenance upon another and the other immediatly pursues and kills him it is murder for it shall be presumed to bemalice precedent and that such a slight provocation is not a sufficient ground or pretence for a Quarrel One Halloway was Indicted and Arraigned at Newgate for Murthering one Payne the Indictment was that he Ex malitia proecogitata tyed the said Payne at the Horses tayle and strook him two stroaks with a cudgel being tyed to the said Horse whereupon the Horse ran away with him and drew him upon the ground three Furlongs and thereby brake his shoulder whereof he instantly dyed and murdered him Upon this Indictment he being arraigned pleaded nor guilty and thereupon a special Verdict found that the Earl of Denbigh was possessed of a Park called Austerly Park and that the said Halloway was Wood-ward of his Woods in the said Park and that the said Payne with others unknown entred the said Park to cut Wood there and that the said Payne climbed up a Tree and with an hatcket cut down some boughs thereof and that the said Halloway came riding into the Park and seeing the said Payne on the Tree commanded him to descend and he descending from thence the said Halloway stroke him two blows upon the back with

Appeal brought but that of common presumption the Appellant hath malice against the Apellee and therefore if the Judges should in those Cases shew themselves to Instruct the Appellees the Appellants would grutch and think them partial and therefore as well of the Indempnity of the Court as of the Appellee in that Case that he be not guilty the Law suffereth the Appellee to have Councel but when a man is Indicted at the Kings Suit the King intendeth nothing but Justice with Favour and that is to the rest and quietness of his faithful Subjects and to pull away Misdoers among them charitably and therefore the King will be contented that his Justices shall help forth the Offenders according to the Truth as far as Reason and Justice may suffer Note that in S●otland in all Criminal Cases yea in cases of High Treason Pars rea may have Councel learned Thus much of the Assistants There is in Criminal or Publique Judgement a two-fold Judg one of matter of Fact and that is the Iury whose Office is to find out the truth of the Fact the other of Law-matters and that is the Kings Justice whose Office is to find out the truth of the Law Ad questionem facti nen respondent Iudices ita ad qnoestionem Iuris non respondent Iuratores Of these particularly 1. Of the Iury. Iurors ought to be persons competent and that they be such it is required that every Juror that is returned for the Tryal of the life of man ought to have three qualities 1. He ought to be Dwelling most near to the place where the question is moved for Lex intendit vicinum vicini facta seire 2. He that passeth in an Enquest of Life and death ought to have Lands and Tenements to the value of 40 Shillings 3. He ought to be least suspicious that is to be indifferent as he stands unsworn and then he is accounted Liber legalis homo otherwise he may be challenged and not sufferred to be sworn The Determination of the matter of fact by Jurors is termed in our Law a Verdict in Latin Veredictum quasi dictum veri satis And of Verdicts some are general some special or at large It is called a Special Verdict or at Large because the Jurours find the special matter atlarge leave the Judgment of Law thereupon to the Court Of which kind of Verdict it is said Omnis conclusio boni veri Judicii sequitur ex bonis veris praemissis dictis Juratorum Touching special Verdicts in Crown matters Vide Cro. 3. part Hallowayes case Cookes case f. 537. 2. Of the Judge in matters of Law The Judges that are to decide and discusse matters in Law are bound to observe these particulars § 1. They ought to judge secundum allegata probata Quotieseunque sententiam fert Judex secundum allegata probata ferre debet 2. They ought to see that the Indictment Tryal and other proceeding be good and sufficient in Law otherwise they will by their erronious Judgment attaint the Prisoner unjustly 3. The Court ought to be instead of Councel for the Prisoner to see that nothing be urged against him contrary to Law and right nay any Learned Man that is present may informe the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious 4. The Judges ought not to deliver their opinions before hand of any Criminal cause that may come before them judicially to the end that the Tryal may be more indifferent seeing the safety of the Prisoner consisteth in the indifferency of the Court And how can they be indifferent who have delivered their opinions before hand without hearing of the party when a smal addition or substraction may alter the Case 5. Judges ought in giving Sentence especially in ambiguous Cases to avoid precipitation because ad poenitentiam properat cito qui judicat Festinatio Justitiae noverca Touching Temerity or Hastiness take these foreign Authors Temeritas est damnare quod nescias sayes Seneca Temeritate omnis actio vacare debet Cicero I. Offic. Nibil temeritate turpius Id. de Natura Nihil a gravitate Sapientis temeritate disiunctius 4. Academ Deliberabo Lex vult nibil temere fieri sayes Seneca lib. 2. Controv. 11. Hitherto of the Persons that are conversant in Judgment touching publick Crimes or offences 7. Of the Matters of Judgments Criminal and how they are brought to a judicial Decision The things or matters of publick or criminal Judgments are Causes proceeding from High treason Felony or other Misdemeanours Touching High treason and Felony two things are to be observed 1. In antient time every Treason was comprehended under the name of Felony but not e contra and therefore in our antient Books by the Pardon of all felonies High treason or Counterfeiting the Great Seal and of the Kings Coyn c. was pardoned But the Law now is and of long time hath been otherwise holden And therefore by the Law at this day under the word Felony in all commissions c. are included Petit treason Murder Homicide Burning of Houses Burglary Robbery Rape c. Chance-medley Se defendendo and Petit Larceny but not High treason for it is not comprehended under the word Felony and therefore ought to be especially named in the Kings Pardon or Charter 2. That criminal or publick Causes are called Pleas of the Crown but they are not so called as some have said because the King Jure Coronae shall have the Suite and Common Pleas because they be held by Common Persons for a Plea of the Crown may be holden betwixt Common Persons as an Appeal of Murder Robbery Rape Mayhem c. and the King may be party to a Common Plea as a Q●are impedit and the like But now how these criminal matters are brought to a judicial hearing is the question It is answered that they are brought by way of Accusation and Exception Accusation doth proceed either by way of Appeal or by way of Indictment and first of Appeals Appeal Appellum cometh of the French word Appeller that signifieth to accuse or to appeal or appeach An Appeal is therefore an Accusation of one upon another with a purpose to attaint him of Felony by words ordained for it Now Appeals are of three sorts 1. Of wrong to his Successor whose heir he is and that is only of Death which is of two sorts of Murder of Manslaughter but of Chaucemedley no Appeal doth lye As touching Appeal of Murder this Quaere is put Qu. Whether Tryal of Murder by Appeal ought to be brought in the County where the fact was committed Resp It is adjudged that in an Appeal of Murder the writ shall abate if it be not brought in the County where the fact was committed for it is against a fundamental Rule of Law that a Tryal of