Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

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

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

there is an express proviso for him being the Companion for he is a Companion to the Queen A second Difference between our Case and the Case of the Mistress is that she is his Mistress but gratia and under the power of her Husband but in our Case the King marital hath a Superiority over his Wife as he is her Husband and so our Case is a farre stronger Case If a Child kills his Father or Mother this is Petty Treason and so it was also at the Common Law before the making of this Statute 21 E. 3.17 Bro. tit Sanctuar 2. Bro. tit Treas 6. 21 E. 3.17 Bro. Tit. Sanct. 2. and Bro. Tit. Treas 6. because there is a higher majority of Reason than that of a Servant which is the Reason of the Submission and Duty that is to the Father and Mother from the Child and where there is a majority of Reason or a parity of Reason for the one Case as there is for the other there is always the same Law But you will Object 1 2 Ph. Mar. c. 9. there is a Statute made 1 2 Phil. Mar. cap. 9. that if any shall imagine the death of the King that it shall be Treason and therefore he was not provided for before this Statute and therefore this Statute was made if it were Treason before this Statute then this Statute was made in vain and to no purpose That that Statute doth provide as well for the preservation of the Queen Answ as for the King and makes it Treason for any to compass the death of the Queen and therefore ●t cannot be concluded from ●hence that it was not Treason to compass her death before that Statute The second Reason is because that Statute doth provide for other matters as it doth there appear The next Point is the declaring of this his imagination to I. D. which is an Overt Act 1 Mar. Bro. tit treas 24. The second point for an overt Act is the declaring of his Mindand Intentions to others by such words as imply an Act to follow or by bidding a man to do what he hath intended or to do any thing that may tend to his purpose or by writing to declare his mind but if a man have a thought of Killing the King this is onely Primus motus and although he afterwards tells another that he had such a thought this is no Overt Act but i● he doth cherish this thought then it becomes his own and then he tells it to another that he hath such an intention this is an Overt Act for the words he doth speak are words executory and imply that he will do such an Act Or if A. conspire with B. to kill the King this is an Overt Act but to imagine with himself is not because it cannot come to be known words of encouragement to others is an Overt Act also For conspiring to levy War is the next and this is Treason within this Law although it be not within the words of the Statute but yet it is within the meaning and reason of the Statute for how is it possible for any to Levy War but he must conspire the death of the King Nota. or his deposing at least and the conspiring to do either of these is Treason within this Law as aforesaid and that within this word Compassing which as I said before ●s of a very large extent but I must confess the Intention is not so bad as an actual Levying of War and yet it is as bad in him that doth intend it And this Levying o● War doth mediately look a● the person of the King though not immediately and so in that respect it is Treason and so it is of deposing and so is the Statute of 1 E. 6. cap. 12. and so you shall find it in Doctor Storie 's case 13 Eliz Dyer 298. b. 1 E. 6.12 Dyer Story 's Case 13 Eliz. Dyer 298. who did conspire with a Foreign Prince to invade this Land and shewed him a means how to conquer this Kingdom and yet there was no Act done by that Prince against the Queen yet this is adjudged Treason and the reason there yielded was because this Invasion could not possibly be without great hazard and peril to the person of the Queen which is a very full Case in proving of this point 19 H. 6.47 But a conspiring to Coyn Money is not Treason within this Law because it is not against the person of the King but yet if two shall conspire to coyn Money and one doth it alone without the other yet this is Treason in both The third point is that I. S. after he became mad kills the Queen this is Treason within this Law first because a man may counterfeit himself to be mad and he may do it so cunningly as it cannot be discerned whether he be mad or no. The second Reason is in respect of the great esteem that the Law gives to the person of the King for he is the Fountain of Justice and for the proof of this point that it may be understood we ought to see what the Common Law was before the making of this Statute as to this Point and then we ought to enquire and see how the Law is altered since the making of the Statute and by this means we shall find out the Law and the reason thereof it is true that the Law without special words will not bind an Insant or a Mad-man as to the punishment of their Bodies but yet it will extend to their Lands and Estates but this our Law is no new Law but only a Declarative Law and in that Case general words will bind an Infant or a Mad-man without any special words That it was Treason at the Common Law is apparent in Britton and the Mirrour of Justice and this Statute doth not declare who shall be Traytors but what shall be Treason and therefore by this Act it is Treason in a Mad-man or whomsoever shall commit it for a Mad-man is not excepted out of this Law and to make this appear more fully you may be pleased to read the Case of Beverly See Beverleys Case Com. 124. in Com. 124. That a man that is non composmentis may commit High Treason although he cannot commit Petty Treason nor Felony Daltons Just 206. and so it is also in Dalton's Justice of Peace 206. that if a man that is non compos mentis shall kill the King this is High Treason Nay Beverley's Case goes farther and sayes That if he shall offer only to kill the King this is High Treason Nota. because the King is Caput salus Reipub. à Capite bona valetudo transit in omnes and for this Cause his person is so Sacred that none must offer the least violence to him but he is Reus criminis laesae Majestatis pereat unus ne pereant omnes The second Conclusion is That I. S. is

not a Traytor within this Law for imagining the death of the Grandchild yet he is within the Care and Protection of the Law for he is not within the Words of the Law but without the Intention and Reason of the Law for the words are That if any man shall compass the death of the Kings Eldest Son that is Treason but in the French Language in which this Law was first written it is Le Regne fils heir and yet if the Eldest Son dyes the second Son is within the Law because he is then the Eldest Son and so it is of the third Son for then he is also Heir Apparent and he is within the intention and meaning of this Law And so to this purpose is the Princes Case in Report 8. where it is Princes Case 8. Report that the Second Son shall be Duke of Cornwal after the death of the Eldest and yet it is only limited to the Eldest Son A collateral Heir is also within this Statute because as he conceiveth this Statute intends to provide that the next Heir to the Crown shall be secured from danger And the Case that may be likened to this is that where a Writ of Aid may be brought by the next Heir for the Writ saith Cujus haeres ipse est F. N. B. 221 F. N. B. 221. so that it appears that it lies only for the Heir Lineal or Collateral Male or Female The Eldest Daughter is also within our Law Heires Facus is also a grand Heir within this Law but this imagining or compassing the Death of the Grandchild or of any other Heir is not Treason unless there be a sufficient Declaration of it to another for no man can judge of the thoughts for the imagination only can be no Overt Act and this Declaration of his imagination or compassing to I. D. is not a sufficient Overt Act to make him a Traytor within this Law for he told him that he had only such an imagination which is but Primus motus for he doth not say that he will do it in the Future Tense for that may be Treason for that it doth imply an Act to be done afterward but the other is onely against that is past Then for violating the Wife after she is divorc'd this is not Treason within this Law And yet the divorce is but a mensa thoro but it is such a divorce as deprives her of his Company and so she is not his Companion within this Law but yet she is his Wife and a Wife divorc't a mensa thoro shall have her divorce because that divorce doth not dissolve the Marriage but she remains his Wife still but yet if she hath any Children during that divorce they are all Bastards because she is not to keep her Husband Company A Queen Dowager is not within this Law because she is not Companion to the King that then is and is not provided for by this Law for the words of the Statute are If any shall violate the Kings Companion Lecture II. THE Second Lecture The Second Lecture according to my first Division is concerning the Government and that is First in the Seal which is Clavis Regni The Second in his Money and Coyn. The Third in his Offices For the First which are the Seals and they are first The Great Seal Secondly the Privie Seal And Thirdly the Seal of the Exchequer And of all these Seals the Common Law takes special notice as that the King may grant to one Power to make one Attorney under the Privie Seale and so is 37 H. 3.27 b. Co. 2.17 Lams Case 37 H. 3.27 Co. 2.17 Lams Case and so of the other Seals but our Law takes notice of the great Seal only as for point of Treason for the words are exclusive to all other Seals for that being the greatest excludes all other inferior Seals that are the least Now what shall be said of counterfeiting of this Great Seal and that must be by making another Seal like to this and for to Seal Patents with it for to make a Seal like the Great Seal to put this to a piece of Wax onely is no counterfeiting of the Great Seal but there ought to be a Writing annexed unto it and then it is a Counterfeiting within this Law Nota. but if the Lord Keeper doth Seal a Patent without special Authority from the King yet this is no Counterfeiting within this Law or if any one do find this Great Seal or other wayes obtain it and Seals Patents therewith this is not Counterfeiting neither within this Law for if the Seal be truly and in due manner put to a Patent and afterwards the Patentee doth raze or add to the Patent in any place this is no Counterfeiting as it is in Lakes Case Lakes Case 4 Jac. 4 Jac. and yet the razing of a Deed is the forging of a Deed. Secondly concerning counterfeiting the Kings Coyn and this ought to be intended only of the Kings own Money for that only is meant by this Law and not any Foreign Money but Foreign Money is provided for by another Law The coyning of Copper if it be made Currant is also within this Law for it is only in the power of the King to imbase Coyn as it is apparent in the Case of Money in Davices Reports Case of Money in Davices Reports for the King is Master of the Coyn but in the Mirrour of Justice it is said the King cannot alter his coyn for those things are not in this Law because they are not Currant within this Realm Foreign Money is not within this law because at the time when this Law was made all Foreign Money that was brought into this Realm was but Bullion because it was a great deal worser than that of this Nation and Foreigners afterwards did make their Coyn finer and than it was made Currant here by a Statute and so within this Law If any that have Authority and Power to Mint or Coyn and he coyn pieces that are less in weight than they ought to have been by the Authority by him given this is a counterfeiting because he hath not pursued his Authority and so is as if he had no Authority to make it of that weight which he hath made it And so is the 3 H. 7. c. 10. to counterfeit Foreign Money 3 H. 7. c. 10 and to bring it over is not a counterfeiting within this Law but if one counterfeit the Coyn of this Kingdom beyond the Sea and brings it over and Merchandizes with it 6 H. 7.13 and thereby deceive our Merchants this is a counterfeiting as in the Book aforesaid And if one counterfeit the Coyn of this Kingdom although he doth not put it to others yet this is a counterfeiting within this Law 6 H. 7.13 1 H. 31. Bro. Tit. Treas 27. Stamf. Pleas 3. D. 1 R. 3.1 Bro. Tit. Treas 27. Stam. pl. 3. D. What shall