Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	lord_n	treasurer_n	6,502	5	10.8931	5	true

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

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

and no Enemies and so it is exprest in the Irish Statutes See Irish Statutes and this Statute cannot be taken according ●o Equity for it is a Penal Law and of the greatest pe●alty that is and therefore ●he aiding of Rebels cannot be meant any way the aiding of ●he King's Enemies within this Law Aiding the Enemies within or without is an aiding of those that come into the Land or of those that are without A Subject is of two sorts Subjects two sorts ratione originis and a Subject ratione loci A Subject ratione originis 1. Ratione originis cannot be an Enemy although he doth Levy War in respect of his Obedience but a Rebel he shall be A Subject ratione loci 2. Ratione loci during his residence here he can be no Enemy neither but if he goeth over Sea and then Levy War against this Kingdom or any other of his Majesties Kingdoms he is then an Enemy within this Law and no Rebel Dominium duplex There is also Dominium rectum Dominium utile for ●f a man be born within the Dominium rectum as that of Scotland in ancient time and ●here he Levy War he is an Enemy and no Rebel but if ●e be born within the Domi●ium utile and Levy War ●e is a Rebel and not an Enemy Aiding is by sending them Aid as of Victuals or of Weapons and the like by giving of them Counsel or ●y any other way whereby ●hey may receive strength or comfort from him Now for the persons by whom this Levying of War may be and as to that all Levies are within this Law as well Women as Men for Women are comprehended under this word Man Secondly Persons of all Nations that are within this Land are within this Law for as they shall have protection by the Laws of the Land so they ought at their peril to take notice of the Law so soon as they come into the Land for they ought to have notice given them and cannot alledge ignorance if it be not given them especially in such Laws as this that are so beneficial both the King and Kingdom Thirdly Persons of all Degrees as a Queen that is married to the King attempting ●he death of the King is within this Law A Forreign Ambassador is also within ●his Law but if a Foreign King should come into this Land by License and here ●ompass the death of the King ●he question will be how he ●hall be tried for he is a King here and therefore ●ught to be tried per Pares which he cannot be for o●her Honours are not allowed here Fourthly all Ages are with●n this Law as in Folks which have knowledge or men of non sanae memoriae and a mad man is also within this Law as to that part of the Statute which concerns more immediately the Person of the King for if any of them afore mentioned in this division shall compass his death it is Treason within the firs● Clause but not in the Clause of Levying War as I shal● shew you afterwards but a man that is surdus caecus mutus is not within this Law for it is impossible for him to have understanding Now for the persons against whom a King befor● his Coronation is within thi● Law Northumberland 's Case as it is in the Duke o● Northumberland's Case for h● is presently a King as soon as the other King deceaseth and there is no Interregnum for the King quatenus a King never dieth but he is said to Demise when he departs this Life and the King is Crowned because he is a King and not a King because he is Crowned a King de facto and not de jure is a King within this Law See 4 E. 4.1 9 E. 4.12 as it is in 4 E. 4.1 and 9 E. 4.12 A King conjugal or marital that takes to Wife the Queen of England is within this Law a Queen that is married although the marriage be void yet that Queen is within this Law so is a Queen married by Proxy a Queen within Age is also within this Law The first Case I. S. after the Divorce of the Wife of the Grandchild First Case and Heir apparent to the Queen doth violate her and imagine the Death of the husband and declares this to I. D. and after kills the husband of the Queen and conspir'd to Levy War against the Queen and delivers to I. D. money to buy Arms and after becomes mad and Aids the Enemies of the Queen within the Realm and then kills the Queen The Conclusion is First I. S. is a Traytor within this Law for killing the Husband of the Queen and for conspiring to Levy War and for killing of the Queen and in every one of these The second Conclusion is that I. S. is not a Traytor within this Law for imagining the death of the Grandchild and yet he is within the Case of the Law not for violating of his Wife nor for aiding of the Enemies I. S. is a Traytor within this Law for killing the husband of the Queen but not within these words That whosoever shall conspire or compass the death of the King for as to that Clause he is not King for the Queen is Regent and not he and so not within that Clause nor the meaning of it but he is within this word Companion for he is as good a Companion to the Queen as the Queen is to the King and so within the same Reason of Law For the husband of the Queen in such a Case is in a better condition and plight than a Queen to a King and so upon a stronger Reason but this you must take as a Rule that I have said before viz. that this Statute is not to be taken by Equity and this you shall find as another Rule as well for the expounding this Statute as any other Bro. Treas for 12.12 ass pl. 30. that those Cases that stand upon the same Reason shall be within the same Law although not taken by Equity for where there is the same identity parity or majority of Reason in any Cases there ought to be the same Law as it is in the Statute of Gloucester concerning Waste and in this our Statute the mysteries are not named yet there is within this Law for if the Servant kills the Wife of his Master knowing her to be his Masters Wife this is adjudged Petty Treason by the Judgement of all the Judges of both Benches Com. 87.6 Fitz. Com. 7.118 Brook tit treas 8. 19 H. 6.47 Com. 87.6 Fitz. Com. 7.118 Bro. Tit. Treason 8. For as well the Mistress as the Master hath affiance in him and he ought to give Reverence to his Mistress as well as his Master and yet the Master is only named in this Statute but in our Case the express words are That if any man shall Compass the death of the Kings Companion it shall be Treason and so