Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	elder_a	king_n	son_n	7,329	5	5.5275	4	false

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

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

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