Selected quad for the lemma: england_n
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A29654
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The reading of M. Robert Brook ... upon the stat. of Magna Charta, chap. 16
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Brooke, Robert, Sir, d. 1558.
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1641
(1641)
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Wing B4896; ESTC R19696
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12,727
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28
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THE READING OF M. ROBERT BROOK SERIEANT of the Law and RECORDER of LONDON Upon the Stat. of MAGNA CHARTA CHAP. 16. LONDON Printed by M. FLESHER and R. YOUNG and are sold by Laurence Chapman and William Coke Anno 1641. The Contents Chap. I. OF high Treason pag. 1 Chap. II. of petie Treason pag. 3 Chap. III. of Murder Manslaughter and what not pag. 4 Chap. IIII. What acts and misdemeanours may bee called Robbery and what not and what Felony and what Burglary pag. 9 Chap. V. Accessaries and good Indictments c. pag. 14 Chap. VI Arraignment of Felons and what pleas they shall have and what not and where they shall bee put to penance and where not and where a man shall bee arraigned twice for one Felony and where ones life shall be put twice in jeopardy for one felony pag. 19. The Reading of Mr. ROBERT BROOKE Serjeant of the Law and Recorder of London upon the Stat. of Magna Charta the seventeenth Chapter CHAP. I. of high Treason INprimis If any man imagine the death of the King or of the Prince or Princesse or of any that is Heire apparent to the Crowne it is high Treason If any keep warre against the King in his Realme it is high Treason by the Stat. of 25. E. 3. If any bee ayders or assistants to the Kings enemies either within the Realme or elsewhere it is high Treason If any affirme by writing or other act that the King is not supreme Head of the Church of England or if any imagine to deprive the King of his estate Royall or of the titles of his Realme it is high Treason If any to whom the Crowne is committed by Act of Parliament usurpe it or demeane it in other manner then is expressed in the Act or will keepe the King from it it is high Treason by Stat. If any man kill the Chancellor or Treasurer or any of the Justices of one Bench or other Justices of Oyer Justices of Assize or of Oyer and Terminer sitting in their Offices it is high Treason If any counterfeit the Kings Seale manuall Privy Seale or his Signet it is high Treason If any countefeit the Kings coyne of this Realm or of any other coyne currant in England or clip wash file round or diminish the said coyne it is high Treason If any man bring false money or counterfeit into England having knowledge of that money to bee counterfeit it is high Treason If any man kill the Kings Messenger in his message it is high Treason If any man kill one that rideth with men to aide the King it is high Treason CHAP. II Of petie Treason IF the Wife kill the Husband or the Husband the Wife or the Servant his Master or Mistris this is petie Treason A woman of the age of thirteene yeeres killeth her Mistris this is petie Treason but shee shall not bee hanged and drawne but burnt The Servant procureth another to kill his Master which killeth him it is not petie Treason in the Servant for the principall is no Traytor and the accessary is no ways cast and so they be both Felons A man beateth his servant which departeth from him and after the end of his terme hee killeth him that was his Master in revenging his old quarrell this is petie Treason for the murder cometh of the malice that began in his service A man marryeth his cousin and she killeth him this is not petie Treason for they were never lawfully marryed A man retaineth J. at S. to bee his Steward of his Courts and hee killeth his Master this is not Treason for hee is no servant that oweth to his Master obedience as is contained in the Statute of 25. E. 3. If an infant of the age of ten yeares marry a wife of the age of nine yeeres and shee killeth her husband this is petie Treason for at that age shee shall bee endowed A man retaining a woman for 40. s. a yeere to bee his Concubine and shee kill him this is no Treason for the retaining was not lawfull and therefore shee was not his servant The Husband and the Wife bee divorced causâ frigiditatis and after shee killeth her Husband this is petie Treason for that is but a divorce from table and bed and matrimony doth continue and therefore shee ought to bee faithfull and obedient The Husband and the Wife bee divorced causâ consanguinitatis and after shee killeth her Husband this is no Treason for the marriage was against the Law A man marryeth with a Turke or a Jew and shee kils him this is no Treason for the marriage was unlawfull A Villein killeth his Master this is no Treason The Tenant doth homage unto his Lord and after killeth him this is no Treason A man hireth an infant of the age of 10. yeeres and hee killeth his Master this is not Treason for the retaining was voyd CHAP. III. Of Murder Manslaughter and what not WHat shall bee said Murder and what Manslaughter and where a man may justifie the killing of a man A man is indicted of felony and a Cap ' is awarded to take him and hee resisteth if the Officer kill him hee may justifie it if he could not otherwise take him The Gaoler cometh into the prison and findeth his prisoners at large and breaking their fetters if hee kill them hee may justifie that act if hee could not otherwise take them A prisoner in ward for felony breaketh the prison and escapes and I. S. cometh to him and cannot take him but by killing of him and so doth kill him this is justifiable Two women fight and I. S. cometh to part them and one of them striketh I. S. and killeth him without malice this is manslaughter and felony and shee shall die for it for shee seeth I. S. But quere if shee had stroke him behinde his back if it had been felony or not A thiefe cometh to the house of I. S. and setteth fire on it and I. S. shooteth at him and killeth him this is neither felony murder nor manslaughter The Master and the Servant riding by the way a thiefe assaulteth the Master and striketh the Master to death the servant hastily to rescue his Master killeth the thiefe this is neither murder nor manslaughter A thiefe assaulteth I. S. to rob him and I. S. killeth him this is neither murder nor manslaughter A man goeth in an high way within a Parke and the Keeper hath malice towards him and cryeth to yeeld and hee will not but standeth at defence and the Keeper killeth him this is felony of his death An Infant within the age of discretion that is nine yeeres killeth his companion and after excuseth himselfe this is felony of death for by the excusing of himselfe it doth appeare that hee hath discretion to know good from evill A man non sanae memoriae killeth a man this is no
felony neither shall he die for it for others of discretion cannot take example at him A man killeth one that is outlawed of felony this is not felony of death A man that is deafe dumbe and blinde killeth a man this is neither felony manslaughter nor murder causa qua supra A man beateth a woman that is with childe and shee laboureth and the childe is dead borne this is neither murder nor manslaughter A man cutteth a tree and the branches of the tree fall upon I. S. and kill him unknowne to him that cutteth the tree this is not felony for it is not done with a felonious intent A man shooteth at the pricks and killeth a man this is not felony for the marks bee certaine every man ought to keep himselfe off but otherwise it is where the pricks bee not certaine for then hee that shooteth must take heede where hee shootes Two men fight and one of them killeth I. S. being behinde him as hee striketh at his adversary this is not felony because he doth not see him but otherwise it had been if he had seen him A man hath judgement to bee hanged and the Sheriffe doth behead him this is murder A man striketh another downe to the ground and holding his dagger in his hand the other for haste to arise to strike him againe runneth upon his dagger and is killed this is neither murder nor manslaughter in him that held the dagger A man striketh another which dyeth without a yeer and a day it is neither murder nor manslaughter for if hee dyed out of the yeere it shall bee intended hee dyed of the visitation of God and not of the stroke A man impaleth his ground and putteth in his Deere and hath a Keeper to keep them and I. S. commeth through the Parke and hunteth and the Keeper cryeth unto him to yeeld him to the Keeper and hee will not and the Keeper killeth him this is murder per Statutum de malefactoribus in Parcis and it is not materiall be it by day or by night for it is no Park if the Lord have not the Kings Leters Patents A man perceiveth his Father to be sick and under pretence of amity hee carryeth him from Towne to seek Physick and killeth him by importunate carriage this is murder A Physician or Surgeon taketh a man in cure which doth kill him by the insufficient medicine this is not murder nor manslaughter A man that is neither Physician nor Surgeon taketh upon him to know Physick and Surgery and taketh upon him the cure of men and one dyeth for the insufficiency of medicine this is murder A man abjur'd going to his Port or Sanctuary meeteth a man in the high way and killeth him this is murder but hee shall not bee arraigned for it for hee had judgement of death before and hee shall not have another judgement of death before that he have avoyded the first judgement The Prince striketh a man of malice which dyeth of the stroke and the King dyeth this is not felony for by the death of the King the Prince is King and cannot be a felon A Turke or a Jew cometh into England without the Kings licence and I. S. killeth him this is not felony for hee is neither or the faith of Christ nor under the Kings protection I. S. Deane of Pauls and fourteene of the Chapiter steale sheep this is not felony in the Body politick but in their materiall bodies A man cometh to a Park and findeth the Keeper and bindeth him to a tree and gaggs him this is murder if he dye CHAP. IIII. What acts and misdemeanors may be called Robbery and what not and what Felony and what Burglary A Man assaulteth another to rob him and taketh from him but one penny this is robbery and felony for the feare hee putteth the other in A man assaulteth another to rob him and snatcheth at his purse and taketh hold of his girdle and the true man escapeth away with his purse and the thiefe hath but the girdle this is felony A thiefe goeth by the high way and findeth I. S. sleeping and the thiefe taketh out of I. S. his purse 12. d. and leaves him sleeping this is not felony for I. S. was never put in feare of his life A man meeteth his Villein in the night and taketh from him his horse this is no felony for hee may take any thing away from him by way of seisure Lord and Tenant The Lord cometh to the house of the Tenant in the night and taketh from him his bacon or his beefe for rent or service in arrere this was not felony for it was not with a felonious intent A Writ is directed to the Sheriffe to attach I. S. in a personall action and comming in the night findeth I. S. leading his horse in his hand and tacheth I. S. by his horse this is not felony for hee hath colour to take his horse by precept A Tailor receiveth of I. S. cloth to make for him a coat and the Tailor putteth in other lining then I. S. his lining I. S. taketh the coat and lining from the Tailor this is not felony for the lining and the thred bee of the same nature as the principall is which is the coat A man claymeth as heire lowmes after the death of his Father more stuffe then hee ought to have and cometh in the night and taketh them from the Executors by force this is not felony for hee maketh title unto the goods A man meeteth another in the night with a grey-hound in his slip and assaulteth him to rob him of his dog this is felony although the taking of the dog without feare is not felony yet because the party was put in feare of his life it is felony A man cometh into a wood and cutteth and taketh away trees to the value of 20. s. it is not felony for they bee parcell of the Franktenement but otherwise it is if a man steale away trees that bee felled If a man ravish a woman it is felony A man cometh into an house to rob a man and sudden feare taketh him and he departeth without doing any harme this is felony A man cometh to the house of I. S. to arrest one S. for felony and I. S. doth resist him this is felony in I. S. A man is robbed and pursueth the felon and arresteth him and taketh his goods and suffereth the felon to goe this is felony in him that was robbed A man entreth into an house to rob and no body lyeth in the house and hee retireth againe and taketh nothing yet this is burglary and felony A man taketh a flight of Doves in the field this is no felony A man stealeth fish out of my severall ponds to the value of 13. d. this is felony for the Stat. of 22. H. 8. which is revived maketh mention where a