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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	according_a	law_n	parliament_n	2,488	5	6.5410	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A10218	De pace Regis et regni viz. A treatise declaring vvhich be the great and generall offences of the realme, and the chiefe impediments of the peace of the King and kingdome, as menaces, assaults, batteries, treasons, homicides, and felonies ... and by whome, and what meanes the sayd offences, and the offendors therein are to bee restrained, repressed, or punished. ... Collected out of the reports of the common lawes of this realme, and of the statutes in force, and out of the painfull workes of the reuerend iudges Sir Anthonie Fitzharbert, Sir Robert Brooke, Sir William Stanford, Sir Iames Dyer, Sir Edward Coke, Knights, and other learned writers of our lawes, by Ferdinando Pulton of Lincolnes Inne, Esquier.	Pulton, Ferdinando, 1536-1618.; Fitzherbert, Anthony, Sir, 1470-1538.; England and Wales. Public General Acts. Selections.	1609 (1609)	STC 20495; ESTC S116053	719,079	571

purpose in whatsoeuer other Shire or place within the Kings Dominions or without such offences of Treasons misprisions of Treasons or Murthers so examined were done or committed and that in such cases no challenge for the Shire or Hundred shall bee allowed After which Statute there was a Statute made Anno 1. 2. Ph. Ma. whereby it was ordained St. 1. 2. P. M. 10. That trials to be hereafter had awarded Triall of Treason or made for any Treason shal be had and vsed only according to the due order and course of the common lawes of this Realme and not otherwise 12. El. Dyer fol. 286 The foresaid stat of 33. H. 8. is repealed by the said stat of 1. 2. Ph. M. touching the indictment and triall of Traitors B for they are to be indicted and tried in the county where the offence was committed or by fréeholders of that county according to the course of the common law notwithstanding that they haue confessed their offences before iij. of the K. Councell But for the triall of Murther the said stat of 33. H. 8. doth continue in force 11 For as much as some doubts and questions were moued whether certaine kinds of Treasons misprisions and concealements of Treasons committed out of the Realme of England and other the Kings dominions can or may by the common lawes of this Realme be inquired of heard and determined within the Realme of England Therefore for a plaine order remedy Indictments and trials of Treasons cōmitted out of this Realme and declaration therein to be had St. 35. H. 8. 2 by a statute made Ann̄ 35. H. 8. it was enacted That all manner of offences being already made or declared or hereafter to be made or declared by any of the Lawes and Statutes of this realme to be Treasons misprisions of Treasons or concealements of Treasons and done perpetrated or committed or hereafter to be done perpetrated or committed by any person or persons out of this Realme of England shall be from henceforth inquired of heard and determined before the kings Iustices of his Bench for pleas to be holden before himselfe by good and lawfull men of the same shire where the said Bench shall sit and be kept Or els before such commissioners and in such shire of the realme as shal be assigned by the kings commission and by good and lawfull men of the same shire in like manner forme to all intents and purposes as if such treasons misprisions of treasons or concealements of treasons had bin done committed within the same shire where they shal be inquired of heard and determined as is aforesaid But if any péere of this Realme shall be indicted of any such Treasons or c. he shall haue his triall by his Péeres B If any subiect of this Realme being beyond the sea doth practise with the Prince or Gouernour of another countrey to inuade this Realme of England with a great power and in his practise doth declare by what meanes how and in what place the same may be done 13. El. Dyer 298. and though there be no such inuasion yet this practise is high Treason Treason practised beyond the sea for an inuasion with power may tend to the destruction or great perill of the person of the King And this offence shall bée tryed according to the foresaid Statute of 35. H. 8. which Statute doth remaine in force and is not repealed by the before rehearsed Statute of 1. 2. Ph. Ma. 10. Indictment in the County of Lancaster of a forraine 12 For the conseruation tranquillity and peace of the Kings liege people as well within the County Palantine of Lancaster as of other his liege people out of the said County within the Realme of England by a statute made Anno 33. H. 6. it was established St. 33. H. 6. 2 That euery Indictment to be taken before any of the Kings Iustices in the County Palantine of Lancaster or before any Shirife in his Turne in the said County whereby any person or persons be supposed by the same Indictment to be or to haue béene inhabiting or conuersant out of the said Countie and within any other Countie within England shall be taken by verdict of twelue men whereof euery of them or some other to their vse shall haue Lands and Tenements to the yearely value of an hundred shillings and no proces shall be made out of such Indictment before it be duly examined before the Iustices within the sayd County whether the said Indictors and euery of them at the time of such Indictment taken had lands and tenemēts within the said County of Lancaster to the yearely value of an hundred shillings aboue all charges And if it be found that euery of the said indictors at the time of the said Indictment taken had not lands c. to the said yearely value of 100. shillings then the Indictment as to such persons so indicted supposed by the said Indictment to be inhabiting or conuersant out of the said County of Lancaster shal be void Indictment in a forraine County of a Lancashire man 13 And by the same statute of Ann̄ 33. H. 6. it was likewise enacted St. 33. H. 6. 2 That euery Indictment from henceforth to be taken within any County of the said Realme and out of the said County of Lancaster before any Iustice or the shirife in his Turne whereby any person or persons supposed by the same indictment to be or to haue bin conuersant or inhabiting within the said county of Lancaster and without such county where such indictment shall happen to be taken shal be taken by verdict of twelue men whereof euery of thē or some other person or persons to their owne vses shall haue lands and tenements to the value of 100. shillings And that no proces be made out of any such indictments before it be duly examined and inquired before the K. Iustices hauing power to award any proces vpon such indictments whether the said indictors and euery of them at the time of such indictments taken or any other person or persons to their vse had any Lands or Tenements to the yearely value of an hundred shillings within the same Countie aboue all charges where such Indictments happen to be taken And if it be found before the King or any of his Iustices that the said Indictors or any of them had not at the time of such Indictment taken nor that none other to their vse had Lands and Tenements to the yearely value of an hundred shillings that then the said Indictment as to any such person or persons supposed by the said Indictment to be or to haue bin inhabitants or conuersant within the said County of Lancaster shal be void and of none effect 14 Though by the rules of the common Law euery offendor shall be tried in that County wherein he is indicted and he shall be both

the prisoner did flye for the Felony in this case the same prisoner shall forfeit those goods which hee had the day of the verdict giuen and not any goods which he had before And so it is if one be conuict by verdict 7. H. 4. 41. the goods shall be forfeited which the offendor had the day of the verdict giuen and not those which he had before And he that is outlawed of Treason or Felony shall forfeit those goods which he hath at the time of the Exigent awarded and not those which he had before and hath aliened But if a man doe commit a Treason or Felony and is arrested thereof and as he is in carrying to a Iustice of Peace to be examined or to the Gaole by the Constables or others doe breake away or in making of rescous or resistance is slaine by those which do so carry him because he will not yéeld and be iustified by the law Fi. Cor. 290 in this case those goods shal be forfeited which he had at the time of the felony committed And so it is if one commit a Felony and when the Shirife Coroner Constable or others do attempt to apprehend him he is slain because he doth resist and will not yeeld to be arrested the goods shal be forfeited which he hath at the time of the felony committed 44 It appeareth by the statute of 3. Ed. 1. St. 3. E. 1. intituled Officium Coronatoris Who shal seise and keepe Felons goods and when That if any person be found guilty before the Coroner of the death of another presently the Coroner shall goe to his house and inquire what cattell hee hath and what corne he hath in his graunge and what on the ground and if he be a Fréeman what land he hath and how much it is worth by the yeare and when they haue so inquired of all things they shall cause the land the corne and cattell to bée priced as if they should be forthwith sold and immediatly they shall be deliuered to the whole Towne to answere for the same before the Iustices And in like sort when it is found before the Coroner that one did flye for a Felony 22. Ass p. 96 the Shirife shall presently seize his lands into the Kings hands by word without Enquest and also shall seize all his goods into the Kings hands and shall appraise them by an Enquest as well of Villaines as of Freemen and the prices shalbée inrolled in the Coroners Roll and deliuered to the Towne to answere to the King for the same for by that which is found before the Coroner the goods bée forfeited without further inquiry 43. E. 3. 24 And so may another Officer of the Kings seize the goods of a Felon before attainder and if the Felon doth find surety the Officer must leaue them in his custody But whether hée doth find surety or not the Officer ought not to carry them away but must leaue them in the custodie of the Felons neighbours For if one bée indicted of Felony his goods shall not be remoued forth of his house vntill he be attainted 7. H. 4. ●1 but shal be kept by his neighbours all the time of his imprisonment and the Felon shal be maintained with them And according thereunto there is a writ in the Register Registrum viz. Quod tenementa bona taliter capta videantur imbreuiantur saluo custodiantur per balliuum ipsius capti qui securitatem Regiinueniet ei respondendi si c. saluis inde ipfi capto familiae suae necessarijs quamdiu fuerit in prisona By which writ it doth appeare and also by the assertions of Bracton and Britton that one which is indicted or imprisoned for Felony shall not bée put out of the possession of his goods vntill he be conuict of Felony but he must haue reasonable maintenance of his goods for him and his family vntill he bée conuict and then that which doth remaine shal be the kings And yet the felon must not disorderly sell or wast his goods and so this difference is to be obserued in seising of a Felons goods viz. where the goods be forfeited before the felony tried and where they be not forfeited vntill the felony tried For if they be forfeited before the felony tried they shal be presently seised vpon the forfeiture of them though there be no conuiction of felony as in the foresaid cases where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flie for a felony But if they be not forfeited vntill the felony tried then they shall not be seised vntill the Felon be conuicted The goods of a prisoner shal not be seised vntill he be attainted 45 And because that diuers persons were often arrested and imprisoned for suspition of Felony sometime of malice and sometime of light suspition and were kept in prison without baile or mainprise and for that sometime shirifes escheators baylifes of Liberties and others did seise and take away the goods of some persons arrested or imprisoned for Felony before the same person was conuict or attainted of the same Felony contrary to the common law Therefore partly to confirme the common law and partly to giue to the party grieued a more ample recompence for his wrong receiued then the cōmon law before did viz. to giue him the double value of his goods so takē or seised where the common law gaue him the single value and partly to giue him a speedy remedy to recouer the same there was a stat made Ann̄ 1. R. 3. St. 1. R. 3. 3 by the which it is ordained That no Shirife Vndershirife Escheator Baylife of Franchise or other person shall take or seise the goods of any person arrested or imprisoned before the same person or persons so arrested or imprisoned be conuict or attainted of such felony according to the law of England or otherwise that the same goods be in some manner lawfully forfeited vpon paine to loose the double value of the goods so taken to him or them which be endamaged therby by action of Debt in this behalfe to be pursued by like proces iudgement execution as is commonly vsed in other actions of Debt pursued at the common law wherin no wager of law essoine or protection shall be allowed This stat of 1. R. 3. extēdeth only to those that be arrested or imprisoned for notwithstanding this statute the shirife may seise the goods of them which be at liberty and indicted of felony at the second Capias by force of the stat of 25. E. 3. St. 2● E. 3. 14 as it appeareth Appeales 59. 46 The custody of the goods of those which be conuict of Felony Who shal haue the custody of felons goods forfeited or which be Fugitiues after they be forfeited doth belong to the Towne where the same goods be or where the

of England for the time beeing and offer to trauerse the said indictment or Appel whereupon the said Outlawrie shal be pronounced then he shal be receiued to the said trauerse being thereupon found not guiltie by verdict of xij men he shal be cleerely discharged of the said Outlawrie and of all penalties and forfeitures by reason of the same as though no such Outlawrie had bin made And it is to be noted h. 12. El. Dyer 287. that the foresaid two Statutes doe extend to offendors in any manner of Treasons by the Common law or Statute and not to those onely which were declared to be Treasons by the Statute of 25. Edw. 3. 32 For the spéedie triall and punishment of such persons as shall commit any manner of Treasons within the Principalitie of Wales and the Marches of the same or elsewhere within the Kings dominions where his originall Writs in the Chauncerie of England commonly runne not by a Statute made Anno 32. H. 8. it was enacted That all such Treasons and Misprisions of Treasons as is aforesaid Triall of treasons committed in wales shall be presented St. 32. H. 8. 4. and tried by the oathes of twelue men inhabiting within any such Shires and before such commissioners as the King from time to time in such cases shall assigne and appoint by his Commission or Commissions of Oyer Determiner in like manner forme as if such Treasons or misprisions of treasons had bin done and committed within such of the said Shires into the which the said Commissions of Oyer and Determiner shall bée directed as is aforesaid And all Presentments Trials Processes Iudgements Executions and forfeitures hereafter to be had made or done by vertue of such Commissions shal be good and effectuall in the law to all purposes Any graunt custome or vsage to the cōtrarie notwithstanding c. After that by the Statute made an̄ 1. 2. P. M. it was enacted That all trials hereafter to be had St. 1. 2. P. M. 10. awarded or made for any Treason shal be had and vsed onely according to the due Order and Course of the common law of this Realme not otherwise Quaere whether this Statute of 1. 2. P. M. doth repell or take away the force of the before rehearsed Statute of 32. H. 8. St. 33. H. 8. 20. 33 By a statute made an̄ 33. H. 8. it was established The force of attainder of treason by the common law That if any person or persons shal be attainted of high Treason by the course of the common laws or statutes of this Realme in euery such case euery such attainder by the cōmon law shal be of as good strēgth value force effect as if it had bin done by authoritie of Parliament And the king his heires and successors shall haue as much aduantage by such attainder as well of vses rights entries conditions and possessions reuersions remainders and all other things as if it had béene done and declared by authoritie of Parliament and shal be deemed and adiudged in actuall and reall possession of the lands tenements hereditaments vses goods chattels and all other things of the offendors so attainted which his Highnesse ought lawfully to haue and which they so béeing attainted ought or might lawfully loose and forfeit if the attainder had béene done by the authoritie of Parliament without any office or inquisition to be found of the same Any Law Statute c. notwithstanding Sauing to all and euery perfect and persons and bodies politique and their heires assignes and successors and euery of them other than such person and persons which shall be attainted of high Treason and their heires and assignes and euery of them and all and euery other person and persons claiming by them or any of them or to the vses of any of them after the said Treasons committed all such right title vse possession entrie reuersions remainders interests conditions fees offices rents annuities commons leases and all other commodities profits and hereditaments whatsoeuer they or any of them should might or ought to haue had if this Act had neuer bin made 34 Because through corruption or negligent kéeping the Records of attainders of Treasons happen to be many times impaired blemished or otherwise to be defectiue St. 29. El. 2. therefore by a Statute made an̄ 29. El. it was ordained That no Record of attainder that now is of any person or persons No record of attainder shall be reuersed when the offendor is executed of or for any high Treason where the partie so attainted is or hath béene executed for the same Treason shall by the heire or heires of any such person or by any other whatsoeuer clayming in by from or vnder any such heire or heirs be in any wise hereafter reuersed vndone auoyded or impeached by any plea or for any error whatsoeuer But this Act shall not extend to any Record of attainder of or for any treason vpon which any writ of Error is now depending or which Record is already reuersed repealed or vndone by or for any error matter plea or cause whatsoeuer but the same shall be and remaine as vnto and against that partie at whose suit the same writ of Error is depending or at whose pursuit the same Record hath bin reuersed repealed or vndone his their heires and assignes onely as if this Act had neuer beene had or made Any thing in this Act c. M. 33. H. 8. Dyer 50. 35 If an offence be murder or other felonie by the common lawe Felony made treason by Statute and after the same offence shal be made treason by a Statute Then it is not punishable as murder and felonie but as Treason And no appeale will lie thereof and the Kings pardon of all Treasons will discharge the offendor therein An English traitor subiect to another prince 36 If an English man borne beeing indicted of high Treason P. 13. El. Dyer 300. will vpon his arraignment plead that he will not answer to the said indictment for that he is a subiect and seruant to a forraine Prince and not subiect to the King of England in this case the Court will record a Nihil dicit and he shall haue such iudgement as is vsed in cases of Attainder of Treason An alien borne committeth treason 37 If an alien borne doe commit high Treason in England in the time of peace betwéen England and that Nation where the same alien was borne P. 3. 4. P. M. Dyer 140. H. 33. H. 6. 1 he shal be indicted and arraigned of high treason and shall haue iudgement according to his desert But if it were in the time of warre betwéene England and that nation where the said alien was borne then the alien shall be ransomed and not arraigned Ioyning the kings armes with his owne 38 An Earle of this Realme was attainted of high treason

said appeale is entred ought to be prisoner in the same Gaole and if not the same appeale is void S. Approuers 19. St. 28. E. 1. 9. H. 4. 2. Yet an approuer may appeale others that are not in prison but at large which is by force of the statute of 28. Ed. 1. de Appellatis And when an appeale is commenced before Iustices of Gaole deliuerie against diuers whereof there is but one in prison before them this appeale ought to be remooued into the Kings bench by a Certiorari and from thence proces shall be awarded against them which be at large Anno 1. M. Dyer 99. And Iustices of Assise may hold plea of appeales of robberie An appeale before Iu. of Assise by the commission of Gaole deliuerie An appeale before the I. of the Kings Bench. 45 As well as Iustices of Gaole deliuerie and the Sherife and Coroners haue authoritie to receiue an appeale by Bill 17. Ed. 3. 13 in like sort Iustices of the kings bench haue power to accept an appeale by Bill for they be the soueraigne coroners of the Realme Appeale against one Bayled 46 If one be in prison for felonie in the Kings bench 21. H. 7. 33. 32. H. 6. 4. or before the Iustices of Gaole deliuerie and after let to baile yet an appeale by bill may be commēced against him for he is a prisoner notwithstanding that bailement for they which tooke him in batle be his guardians and shall be charged if he escape some doe affirme that they may imprison him and some do hold that they shall be hanged for him And vpon his bailement he shall find sureties to answer to all persons No appeale against him that is let by mainprise But an appeale is not to be pursued against him 9. Ed. 4. 2. 39. H. 6. 27. who is let at libertie by mainprise for that he is not in ward No appeale before Iustices of peace 47 Some doe affirme that an appeale may be commenced before Iustices of peace for they haue authoritie by their commission 44. E. 3 44. and by the Statute of 18. Ed. 3. 2. to heare and determine felonies But others doe hold that they must onely procéed vpon indictment found by a Iurie before them and not vpon an appeale prosecuted at the suit of the partie grieued for the words of their commission be Ad inquirendum per Sacramentum proborum legalium hominum de comitatu praedicto per quos rei veritas melius sciri poterit de omnibus omnimodis felonijs c. Et ad omnia singula felonias c. indictamēta praedicta caeteraque omnia singula premissa secundum leges statuta regni nostri Angliae prout in huiusmodi casu fieri consueuit aut debuit audiendum terminandum By which words it is to be inferred that they shall enquire and punish at the Kings suit vpon indictment and not at the parties suit by appeale such felonies as shall bee committed within their Iurisdiction 48 If one of the Kings subiects doe kill another of his subiects in a forrain Realm the wife or next heire of him that was slain as the case requireth An appeale before the Constable and Marshall may haue an appeale of the same death in England before the Constable Marshall of England St. 1. H. 4. 14 by force of the Statute of 1. H. 4. which doth ordaine That all appeales of things committed within the Realme shall be tried and determined by the lawes of the Realme and of things committed out of the realme before the Constable and Marshall of England for the time being And no appeales fromhenceforth shal be made or pursued in Parliament No appeale in Parliamēt Bracton Britton 49 It doth appeare by Bracton and Britton Where there shal be diuers appeales for one felonie and where not that one might haue had in former ages one appeale against the principall and another against the Accessories but since that law is changed viz. The appellant shall haue but one appeale Co. li. 4. 47. in the which he must comprehend as well the principals as the accessories vnlesse it be in speciall cases and that is confirmed by the Stat. of West 1. St. 3. E. 1. 14 which doth ordaine That no person shall be outlawed vpon appeale of commandement force aide or receit vntill the principall be attainted But the appellant shall not let to attach his appeale at the next countie as well against the accessorie as against the principall But the Exigent against the accessorie shall staie vntill the principall be attainted by outlawrie or otherwise 9. H. 4. 1. 50 In an appeale against two if one doe appeare One only appeale for one felonie and the other make default yet the plaintife shall count against them both and the same law which compelleth the appellant to count at one time against them both doth enforce him to sue his appeale against them both for if an appellant doe bring an appeale against one person Co. l. 4. 47 and the appellée is attainted and hanged at his suit and after he will bring an other appeale against one or two others for the same offence he shall take no benefit by his suit for he should haue ioyned thē all in his first appeale 47. E. 3. 16. And the same law is if the first appellée had béene acquited or that the appellant had bin Non suit after apparance 51 It séemeth that in some cases at this day one may haue diuers appeals for one felonie Where diuers appeales for one felonie as if one in one countie doe procure another to robbe a man in another countie In this case the partie robbed shall haue one appeale against the principall in one countie and another against the accessorie in another countie or otherwise he should be without his remedie against the accessorie by Appeale St. 2. 3. E. 6. 24. But by the Statute of Anno 2. 3. E. 6. if one in one countie doe procure another to kill a man in another countie hee to whom the appeale of murder is giuen shall commence his appeale in the countie where the partie shall die S. Br. 37. 26. Ass p. 52 Co. li. 4. 48. 52 And so it is Two appeals founded vpon one felonie if the Appellant doe commence his appeale against the principall within a yeare and a day after the felonie committed and after the said appeale commenced another will receiue the same felon In this case the appellant may pursue another appeale against the said accessorie for these two be seuerall felonies which began at seuerall times S. Br. 35. Robbery of seuerall parcels of goods 53 If a man be robbed of two seuerall parcels of goods at one time he cannot haue two seuerall appeales for them and put parcel of the goods robbed in one appeale and parcel in

an appeale or an indictment then the matter commeth to be tried betwéene the King and him or the appellant and him whether he be guiltie Triall of the plea Not guiltie or not If it be in an appeale it may be tried by Verdict or by Battell as the appellée will sauing in certaine Cases But vpon an Indictment there is no triall by battell nor otherwise sauing onely by verdict In an Indictment of treason or felonie against one of the Péeres of the Realme the triall is by his Péeres which manner of triall in an appeale is not allowable The arraignment of a Peere of the Realme 2 When a Péere of the Realme 1. H. 4. 1. 13. H. 8. 13. 10 Ed. 4. 6. and Lord of the parliament is to be arraigned vpon any treason or felonie whereof he is indicted and whereunto he hath pleaded Not guiltie the King by his Letters patents shall assigne some great and sage Lord of the parliament to be high Steward of England for the day of his arraignement who before the same day shall make a precept to his Serieant at Armes that is appointed to serue him during the time of his Commission to warne to appeare before him eightéene or twentie Lords of the parliament vpon the same day And then at the day appointed when the high Steward shall be set vnder the cloth of Estate vpon the arraignement of the prisoner and hath caused his Commission to be read the same Serieant shall returne his precept and thereupon the Lords shall be called and when they haue appeared and be set in their places the Constable of the Tower shall be called to bring his prisoner into the Court who then shall bring the prisoner to the Barre And then the high Steward shall declare vnto the prisoner the cause why the King hath assembled thither those Lords and him and perswade him to answer without feare And then hée shall cause the Clerke of the Crowne to reade his Indictment vnto him and to aske him if hée be guiltie or not whereunto when hée hath aunswered Not guiltie the Clerke of the Crowne shall aske him how he will be tried and then he will say by God by his Péeres And then the K. Serieants and Atturney will giue Euidence against him whereunto when the prisoner hath made answer the Constable shall be commaunded to retire the prisoner from the Barre to some other place while the Lords doe secretly conferre together in the Court and then the Lords shall rise out of their places and consult among themselues and what they affirme shall be done vpon their honours without any othe to be ministred vnto them And when they all or the greatest part of them be agréed they shall returne to their places and sit downe And then the high Steward shall aske of the yongest Lord by himselfe if he that is arraigned be guilty or not of the offence whereof he is arraigned and then of the yongest next him and so of the residue one by one vntill he hath asked them all and euery Lord shall answer by himselfe And then the high Steward shall send for the prisoner againe who shall be led to the Barre to whom the high Steward shal reherse the verdict of the Péeres and giue iudgement accordingly But if an Earle the sonne and heire apparant of a Duke or a Lord the sonne and heire apparant of a Marques or Earle 38. H. 8. Br. Treason 2 be indicted of high treason he shall be tried by Knights and Gentlemen and not by Péeres for he is not an Earle by Creation but by Natiuitie But if he be of dignity by creation and a Lord of the Parliament hee shall be tried by his Peeres 3 The foresaid manner of Triall séemeth to be appointed by the Statute of Magna Charta St. 9. H. 3. 29. which hath ordained That no frée man shall be taken or imprisoned or disseised of his fréehold liberties or frée customes nor shall be outlawed banished or by any meanes brought to destruction Neither wée will passe or sit in iudgement vpon him but by the lawfull iudgement of his Péeres or by the lawe of the Realme We will not sell deny or deferre iustice or right to any It appeareth by this statute of Magna Charta By whom Péeres appealed shal be tried that a Péere of the Realme shall be tried by his Péeres onely in case where he is indicted at the Kings suite of treason or felony for the words of the statute be we will not passe or sit in iudgement vpon him but by his Péeres 10. Ed. 4. 6 But if an appeale of murder or other felony be sued by any common person against a Péere of the Realme he shall be tried by common persons and not by his Péeres And because there was no mention made in the said statute of Magna Charta how women Ladies of great estate because of their husbands Péeres of the Realme married or sole viz. Duchesses Countesses or Baronesses should be put to answer nor before what Iudges they should be iudged vpon indictments of treasons or felonies by them committed and for that the saide statute of Magna Charta doth onely make mention of a man Therefore by a statute made Anno 20. H. 6. 9. St. 20. H. 6. 9 it was enacted By whom ladies shal be tried That such Ladies of great estate viz. Duchesses Countesses and Baronesses which shall be indicted of any treason or felony by them committed whether they be married or sole shall be brought to their answer and put to answer and iudged before such Iudges and Péeres of the realme as Péeres of the realme should be if they were indicted or impeached of such treasons or felonies committed 4 None of the foresaid statutes haue béene put in practise to extend to Bishops Bishops though they enioy the name of Lords of the parliament for they haue that name of Bishops in respect of their office or function and not in respect of their nobilitie neither haue they places in parliament in respect of their nobilitie but in regard of their possessions being ancient Baronies annexed to their dignities If a Péere of the Realme be indicted of treason or felonie he may be thereupon arraigned in parliament Arraignment in parliament if it shall please the King 10. E. 4. 6 and then the Lords spirituall shall make one Procurator for them for that by the Cannon lawe they cannot condemne any man to death A Bishop was arraigned in the Kings Bench and not by any Lords of parliament for that hée came to the parliament by summons and departed without licence 3. E. 3. 19 and because this was an offence as well to the King as to the Péeres and the King may comemnce a suite where he please for a trespas done to him therefore this was accepted a lawfull indictment though the complaint was made in an inferiour Court for an offence done in an higher

Trial of treason committed in Ireland 5 If an Earle 19. 20. El. Dy. fo 360 or a Lord of Ireland doth commit treason in Ireland by open rebellion he cannot be arraigned and put to his triall therefore in England for he can neither be tried by his Péeres nor by any Iurie of twelue men in England because he is not a subiect of England but of Ireland and therefore his triall shall be in Ireland And the custome there is to attaint a Péere by parliament and not by his Péeres Misprision 6 This order of triall by the Péeres is likewise to be obserued where one of the Péeres of this realme is indicted but of misprision of treason or felonie in which triall the same forme shall be kept as it shall be where any Péere is indicted of treason or felonie and arraigned thereupon And the number of Péeres which shall be to trie a Péere indicted of treason The number of Péeres at the Triall felonie or misprision shall be twelue at the least and more if it shall please the King Triall by Peeres in all cases of treason and felony 7 In euery case where any offence or fact is of new made treason by any Statute the Lords of the Parliament and Péeres of the Realme offending therein shall haue their triall by their Péeres though the Statute doth not prouide for it by speciall words as other inferiour persons offending in the like crimes shal haue their triall by the verdict of twelue men their péeres viz. their equals so that the words which be commonly put into new Statutes that Péeres of the Realme offending therein shal be tried by their Péeres bée not of necessity inserted But because the course of the common law is in some sort altered by the statute of an̄ 33. H. 8. 23. St. 33. H. 8 23. authorizing the King to graunt a commission vnto such persons and into such shires as he will for the triall of any murder committed in any other countie or place of the Realme whatsoeuer And also by the Statute of 35. H. 8. 2. St. 35. H. 8. 2 giuing the King like power to direct a commission into any countie of this Realme and to any persons that he will for the triall of treasons and misprisions of treasons committed out of the Realme yet for that the triall in both those cases might be made by such persons as the common law hath appointed viz. of péeres by their péeres it is so prouided and ordained by the special words of both those statutes ❧ Triall by the Countrie TRiall by the Countrie Triall by the Country is a triall by twelue common persons of that vicenage or neighborhoode where the treason or felony was committed which kinde of triall séemeth also to be warranted and approued though not at the first begunne by the before rehearsed Statute of Magna Charta St. 9. H. 3. 29 which saith Neither shall any passe or sit in iudgement vpon him but by the lawfull iudgement of his Péeres or by the Law of the realme And thereupon it is accordingly vsed that Knights Esquiers and Gentlemen of great estate being indited of treason or felony be tried by their péeres viz. by their equalls in degrée being also Knights Esquiers Gentlemen or Merchants of good estate 1. M. Dy. 99 and inferiour persons be likewise tried by their péeres or equalls viz. by men of their owne degrée or most commonly by men of better or greater estate or degrée 2 If he that is charged to be an offendour in petit treason murder or felonie doe pleade to an Indictment found against him matter triable by an other Countie than the Countie which did indict him although by the common lawe he ought to haue béene tried in that forraine countie yet now by the Statute of Anno 22. H. 8. St. 22. H. 8. 14. 32. H. 8. 3 he shall be tried by the countie which did indict him the words of which Statute be these viz. For more spéedie trialles of murders and felonies Be it enacted c. That all manner of forraine pleas Triall of forraine pleas triable by the Countrie hereafter to be pleaded by any person or persons arraigned vpon any Indictment for any petit treason murder or felonie shal be forthwith tried before the same Iustices before whom such persons shall be arraigned and by the same Iurors of the same countie that shall trie the petit treason murder or felonie whereof he shall so be arraigned without any further respite or delay in whatsoeuer countie or counties place or places of this Realme the matter of the same pleas be supposed or alleadged This statute maketh no mētion of high treason therfore forrain pleas in high treason remaine to be tried in those forren counties as they were at the cōmon lawe And so be they in an appeale Appeale for this statute extendeth to Indictments onely But if A. doe strike B. vpon the Sea and there giue him a mortall wound whereof B. dieth in the Countie of L. in this case A. Coke 2.93 shall be discharged of the death of B. for they of the Countie of L. cannot inquire of the death without inquirie of the wound A man stricken vpon the Sea dieth vpon the Land and of the wound they cannot inquire because it was giuen vpon the Sea and not in any Countie or place in this Realme And they of the Admiralles Iurisdiction can not inquire as of a felonie of the wound without inquiring of the death and of the death they can not inquire because it was within the body of a Countie where by the statute of 13. R. 2. 15. R. 2. St. 13. R. 2. 5 St. 15. R. 2. 3. they are forbidden to meddle 3 The processe which shal be awarded against the Iury The Processe against the Iurie to trie an issue in an appeale is commonly a Venire facias Habeas corpora and Distringas as it is vsed in other actions sauing in the Kings Bench 27. H. 6. 10 for by the custome of that Court the first processe against the Iurie is an Habeas corpora and after a Distresse without suing a Venire facias And some say that in the K. Bench they vse to haue no Habeas corpora at the first day but a Venire facias and then a Distresse leauing out the Habeas corpora The processe which is to be awarded against the Iury Processe in an Appeale not in an In is for the most part intended in an appeale for in an Indictment though they may graunt processe against the Iury yet it is not vsed by the Iustices of Gaole deliuerie Fit Enquest 55 because they doe take the pannell which is returned by the Shirife without making any precept vnto him for that they giue a generall commandement to the Shirife before their comming to cause the Countrie to appeare before them But so do not Iustices of Oyer

take reward of any who will fréely licence all persons to prosecute their right giue full eare to the widowes complaint further the cause of the orphan and fatherlesse and suffer none that hée can helpe to receiue wrong who will not feare the countenance of the mightie nor disdaine the basenesse of the poore whom neither hatred fauor or priuat affection will moue but without respect of persons will yéeld to each wight that which his cause requireth who will remember and neuer forget that God hath endowed him with knowledge and vnderstanding Ecclesiast 17 that he hath made a couenant with him to shew him what true iustice and iudgement is that all his actions bée continually in Gods sight and that euerie moment from heauen the King of Kings doth behold them And finally who duely respecting both the commissions which he hath receiued from God and his prince will so indifferently temper iustice with mercie towards the poore prisoner standing trembling before him at the barre as he will hope for mercie when himselfe shall make his last and great account before the God of iustice and mercie 2 Whereas diuers antient Prerogatiues and Authorities of iustice appertaining to the Crown of this Realm were seuered and taken from the same by sundrie gifts of the Kings Progenitors Kings of this Realme to the great diminution of the royall estate of the same and to the hindrance and delay of iustice St. 27. H. 8. 25. for the reformation whereof by a Statute made Anno 27. H. 8. it was enected That no person or persons of what estate condition None shall make Iustices but the King or degree soeuer they bée shall haue any power or authoritie to make any Iustices of Eyre Iustices of Assise Iustices of Peace or Iustices of Gaole deliuerie but that all such Officers and Ministers shall bée made by Letters Patents vnder the Kings great Seale in the name and by authoritie of the King and his heires Kings of this Realme in all Shires Counties Counties Palantine and other places of this Realme Wales and the Marches of the same or in any other his Dominions at their pleasure and wills in such maner and forme as Iustices in Eyre c. bée commonly made in euerie Shire of this Realme Any graunts vsages Acts of Parliament or other thing notwithstanding The Iudge vpon the arraignment of a Péer●e of the Realme 3 When a Péere of the Realme and Lord of the Parliament 1. H. 4. 1● 13. H. 8. 13. 10. Ed. 4. 6. is to be arraigned vpon any Treason or Felonie whereof he is indicted and whereunto he hath pleaded not guiltie the King by his letters patents shall assigne some noble and sage Lord of the Parliament to bee high Steward of England for the day of his arraignement who before the same day shall make a Precept to his Serieant at Armes that is appointed to serue him during the time of his Commission to warne to appeare before him xviij or xx Lords of the Parliament vpon the same day c. S. Triall 2. 4 Where Treasons Misprisions of Treasons Murders Manslaughters and other malicious strikings by reason whereof blood hath béen shed against the K. peace were often committed within the limits of the Kings palace or house or other houses where his Maiestie was abiding in his royall person which offences when they be done be best knowne by his Highnesse Officers of his houshold and by his seruants of his Checke roll And if his Maiesty shall happen to remoue from such his palace or house or other house where such offences were done before the tryall and determination thereof then such offences might not lawfully be tryed heard and determined by and before the sayd Officers but bée remitted to bée tryed and determined by the order of the Common law by reason whereof the punishment of the sayd offendors in such cases hath beene long time delayed and sometime their offences forgotten and not remembred and so they escaped vnpunished For the redresse whereof by a Statute made Anno 33. H. 8. it was enacted St. 33. H. 8. 12. That all Treasons Misprisions of Treasons Murders Manslaughters Bloudsheds and other malitious strikings by reason whereof bloud shall be shed against the Kings peace which shall bée done within any the Palaces or houses of the King or his heires or within any other house or houses at such time as his Maiestie shall bée then abiding in his royall person shall bee inquired of tryed heard and determined within any of the Kings houses or other house where his Maiestie shall bée abiding Iudge of treasons and felonies committed in the K. house before the Lord Steward of the Kings houshold and in his absence before the Treasorer and Comptroller of the K. houshold and Steward of the Marshalsey for the time beeing or two of them whereof the Steward of the Marshalsey to bee one by vertue of their offices without any Commission or other authoritie to them giuen And whether the King shall bée remooued from the house where such offences shall bée done or not before they be inquired of heard and determined yet such offences shall be inquired of tryed heard and determined before the Kings Officers of his houshold before named or two of them by the Inquisition and verdict of his houshold seruants in his Checke roll at such Palace or house where his Maiestie shall bée at any time abiding in manner and forme as is hereafter expressed The two Clerkes Comptrollers Clerkes of the Checke and Clerkes Marshals for the time being of the K. houshold or one of them vpon a Precept to them or any of them made by the Lord Steward or in his absence by the said Treasorer and Comptroller of the Kings houshold and the said Steward of the Marshalsey or by two of them whereof the sayd Steward of the Marshalsey to be one shall haue power to summon warne and returne the names of twentie foure persons being yeomen officers of the Kings sayd houshold in the sayd Checke roll to inquire of such Treasons Misprisions of Treasons Murders Manslaughters and other malitious strikings by reason whereof bloud shall bée shed against the Kings peace before the sayd Lord Steward and in his absence before the sayd Treasorer Comptroller and Steward of the Marshalsey or before two of them at the least whereof the Steward to bée one And it shall bee lawfull to the sayde Lord Steward and in his absence to the sayd Treasorer Comptroller and Steward of the Marshalsey aforesayd or two of them whereof the sayd Steward to bée one before whom such Returnes shall bée so made as is aforesayd to cause such number of the sayd foure and twentie persons so returned aboue the number of twelue persons as to him or them shall séeme expedient to inquire of such Treasons Misprisions of Treasons Murders Manslaughters or other malitious strikings by reason whereof bloud shal bée shed against the Kings peace