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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44117	The learned readings of Sir Robert Holbourne, Knight upon the statute of 25 Edw. 3. cap. 2, being the statute of treasons : to which is added cases of [brace] prerogative, treason, misprision of treason, felony, &c. / written by the Right Honourable Francis Bacon ... ; and now reprinted for publick benefit.	Holborne, Robert, Sir, d. 1647.; Bacon, Francis, 1561-1626. Cases of treason.	1681 (1681)	Wing H2373; ESTC R34943	30,681	150

your self to your best knowledge that the Statutes of Winchester for Watch Huy and Cry and the Statutes made for the punishment of sturdy Beggars Vagabonds Rogues and other idle Persons coming within your Office be truly executed and the Offenders punished And you shall endeavour upon complaint made to apprehend Barreters and riotous Persons making Affrays and likewise to apprehend Felons and if any of of them make resistance with force and multitude of mis-doers you shall make Out-cry and pursue them till they be taken and shall look unto such Persons as use unlawful Games and you shall have regard unto the maintenance of Artillery And you shall well and duely execute all Process and Precepts sent unto you from the Justices of Peace of the County and you shall make good and faithful presentments of all Blood-sheds Out-cries Affrays and Rescues made within your Office and you shall well and duely according to your Power and knowledge do that which belongeth to your Office of Constable to do for this year to come So help c. 10. To the tenth The Authority is the same in substance differing onely in extent The pety Constable serving onely for for one Town Parish or Borough the Head Constable serving for the whole Hundred Neither is the petty Constable subordinate to the Head Constable for any commandment that proceeds from his own Authority but it is used that the Precepts of the Justices be delivered unto the High Constables who being few in number may better attend the Justices and then the Head Constables by vertue thereof make their Precepts over to the petty Constables 11. To the eleventh In case of necessity he may appoint a Deputy or in default thereof the Steward of the Court Leet may which Deputy ought to be sworn Now to conclude the Office of Constables consists wholly in these three things viz. Their Office concerning 1. The conservation of the Peace 2. The serving the Precepts and Warrants of the Justices 3. Their attendance for the execution of Statutes CHAP. XXI Of the Jurisdiction of Justices Itinerantes in the Principality of Wales THese Justices have power to hear and determine all criminal Causes which are called in the Laws of England The Pleas of the Crown and herein they have the same Jurisdiction that the Justices have in his Majesties Bench commonly called the Kings Bench. They have Jurisdiction to hear and determine all civil Causes which are called in the Laws of England Common Pleas and do take knowledgement of all Fines levied of Lands or Hereditaments without suing out any Dedimus potestatem and herein they have the same Jurisdiction that the Justices of the Common Pleas do execute at Westminster Also they may hear and determine all Assises upon Disseisins of Lands or Hereditaments wherein they equal the Jurisdiction of the Justices of the Assize Justices of Oyer and Terminer may hear and determine all notable Violences and Outrages perpetrated or done within their several Precincts of the Principality of Wales In the Kings Gift are 1. The Prothonotory his Office is to draw all Pleadings and to enter and engross all Records and Judgments in civil Causes 2. The Clerk of the Crown his Office is to draw and engross all Proceedings Arraignments and Judgments in criminal causes In the disposing of the Judge 1. The Marshal whose Office is to attend the Persons of the Judges at their coming sitting and going from the Sessions or Court 2. The Crier He is tanquam publicus Praeco to call forth such Persons whose appearances are necessary and to impose silence to the People There is a Commission under the great Seal of England to certain Gentlemen giving them power to preserve the Peace and to resist and punish all turbulent Persons whose misdemeanours may tend to the disquiet of the People and these be called the Justices of the Peace and every of them may well and truly be called and termed Eirenarcha The chief of them is called Cusos Rotulorum in whose custody all the Records of their Proceedings are resident Others there are of that number called Justices of Peace and Quorum because in their Commission they have power to sit and determine Causes concerning breach of Peace and misbehaviour the words of their Commission are conceived thus Quorum such and such unum vel duos c. esse volumus and without some one or more of them of the Quorum no Sessions can be holden And for the avoiding of a superfluous number of such Justices for through the Ambition of many it is counted a credit to be burthened with that Authority the Statute of 38 Hen. 8. hath expresly prohibited that there shall be but eight Justices of Peace in every County These Justices being appointed by the Lord Keeper do hold their Sessions quarterly In every Shire where the Commission of the Peace is established there is a Clerk of the Peace for the Entring and Engrossing of all Proceedings before the said Justices And this Officer is appointed by the Custos Rotulorum Every Shire hath its Sheriff which word being of the Saxon English is as much to say as Shire Reeve or Minister of the County His Function or Office is twofold 1. Ministerial 2. Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make Return and certificate 34 H. 8. c. 16. As touching his Judicial Office he hath Authority to hold two several Courts of distinct natures The one called the Tourne because he keepeth his turn and circuit about the Shire and holdeth the same Court in several places wherein he doth enquire of all Offences perpetrated against the Common Law and not forbidden by any Statute or Act of Parliament and the Jurisdiction of this Court is derived from Justice distributive and is for criminal offences and is held twice every year The other is called the County Court wherein he doth determine all petty and small Causes civil under forty shillings arising within the said County and thereof it is called the County Court The jurisdiction of this Court is derived from Justice Commutative and is held every Month The Office of the Sheriff is annual and in the Kings gift whereof he is to have a Patent Every Shire hath an Officer called an Escheator which is an Office to attend the Kings Revenue and to seize into his Majesties hands all Lands either escheated Goods or Lands forfeited and therefore is called Escheator And he is to inquire by good Inquest of the death of the King's Tenants and to whom their Lands are descended and to seize their Bodies and Lands for Ward if they be within age and is accountable for the same and this Officer is named by the Lord Treasurer of England There are in every Shire two other Officers called Crowners or Coroners they are to enquire by Inquest in what manner and by whom every Person dyeth of a violent death and to enter the same of Record which is matter criminal and a Plea of the Crown and therefore they are called Coroners or Crowner as one hath written because their enquiry ought to be publick in corona populi 34 H. 8.20 These Officers are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore elegendo And of them I need not to speak more because these Officers are in use elsewhere Forasmuch as every Shire is divided into Hundreds it is also by the said Statute of 34 H. 8. cap. 26. ordered that two sufficient Gentlemen or Yeomen shall be appointed Constables of every Hundred Also there is in every Shire one Goal or Prison appointed for the restraint of Liberty of such Persons as for their offences are thereunto committed until they shall be delivered by course of Law In every Hundred of every Shire the Sheriff thereof shall nominate sufficient Persons to be Bailiffs of that Hundred and Under-ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions THE CONTENTS Of the Readings c. LEcture I. Pag. 3. The Definition of Treason 5. The first Case 20. Lecture II. 41. The Second Case 49. Lecture III. 62. The Contents of the Cases of Treason c. CHAP. I. CAses of Treason Pag. 73. Chap. II. The Punishment Tryal and Proceeding in Cases of Treason 78. Chap. III. Cases of Misprision of Treason 83. Chap. IV. The Punishment Tryal and proceeding in Cases of Misprision of Treason ibid. Chap. V. Cases of pety Treason 84. Chap. VI. The Punishment Tryal and proceedings in cases of Pety Treason 85. Chap. VII Cases of Felony 86. Chap. VIII The Punishment Tryal and proceedings in cases of Felony 93. Chap. IX Cases of Felony de se with the Punishment Tryal and Proceedings 98. Chap. X. Cases of Premunire 99. Chap. XI The Punishment Tryal and proceeding in Cases of Premunire 102. Chap. XII Cases of Abjuration and Exile and the Proceedings therein 103. Chap. XIII Cases of Heresie and the Tryal and Proceedings therein 106. Chap. XIV The King's Prerogative in Parliament 107. Chap. XV. The Kings Prerogative in matters of War or Peace 108. Chap. XVI The Kings Prerogative in matters of Moneys 110. Chap. XVII The Kings Prerogative in matters of Trade and Traffick 111. Chap. XVIII The Kings Prerogative in the Persons of his Subjects 112. Chap. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables 114. Chap. XX. Three ends of the Institution of the Court Leet 118. Chap. XXI The Jurisdiction of Justices Itinerantes in the Principality of Wales Pag. 132. FINIS

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