CASES OF TREASON Written BY SIR FRANCIS BACON KNIGHT HIS MAIESTIES Solicitor Generall LONDON Printed by the Assignes of JOHN MORE and are sold by Matthew Walbancke and William Coke Anno 1641. The Contents Chap. I. CAses of Treason pag. 1. Chap. II. The punishment triall and proceeding in cases of Treason pag. 4. Chap. III. Cases of Misprision of Treason pag. 6. Chap. IIII. The punishment tryall and proceeding in cases of Misprision of Treason Ibid. Chap. V. Cases of petie Treason pag. 7. Chap. VI The punishment tryall and proceedings in cases of petie Treason Ibid. Chap. VII Cases of Felonie pag. 8. Chap. VIII The punishment tryall and proceedings in cases of Felonie pag. 11. Chap. IX Cases of Felony de se with the punishment triall and proceedings pag. 14. Chap. X. Cases of Premunire Ibid. Chap. XI The punishment triall and proceeding in cases of Premunire pag. 16. Chap. XII Cases of Abjuration and Exile and the proceedings therein Ibid. Chap. XIII Cases of Heresie and the triall and proceedings therein pag. 18. Chap. XIIII The Kings Prerogative in Parliament Ibid. Chap. XV The Kings Prerogative in matters of Warre or Peace pag. 19. Chap. XVI The Kings Prerogative in matters of moneys pag. 20. Chap. XVII The Kings Prerogative in matters of Trade and Traffick Ibid. Chap. XVIII The Kings Prerogative in the persons of his Subjects pag. 21. Chap. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables pag. 22. Chap. XX Three ends of the Institution of the Court Leete pag. 24. Chap. XXI The jurisdiction of Iustices itinerantes in the Principality of Wales pag. 31. CASES OF TREASON CHAP. I. WHere a man doth compasse or imagine the death of the King the Kings Wife the Kings eldest Sonne and Heire apparent if it appeare by any overt act it is Treason Where a man doth violate the Kings Wife the Kings eldest daughter unmarried the Wife of the Kings eldest Sonne and Heire apparent it is Treason Where a man doth levie warre against the King in the Realme it is Treason Where a man is adherent to the Kings enemies giving them aid and comfort it is Treason Where a man counterfeiteth the Kings great Seale privie Signet Signe manuall it is Treason likewise his money Where a man bringeth into this Realme false money counterfeited to the likenesse of English with intent to merchandize or make paiment thereof and knowing it to be false money it is Treason Where a man counterfeiteth any coyne currant in payment within this Realme it is Treason Where a man doth bring in any money being currant within the Realme 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 clipp waste round or file any of the Kings money or any forraigne coyne currant by Proclamation for gaines sake it is Treason Where a man doth any way impaire diminish falsifie skale or lighten money currant by Proclamation it is Treason Where a man killeth the Chancellor the Treasurer the Kings Justices in Eire the Kings Justices of Assises the Justices of Oyer and Terminer being in their severall places and doing their Offices it is Treason Where a man procureth or consenteth to Treason it is Treason Where a man doth perswade or withdraw any of the Kings Subjects from his obedience or from the Religion by his Majestie established with intent to withdraw any from the Kings obedience it is Treason Where a man is absolved reconciled or withdrawne from his obedience to the King or promiseth obedience to any forraigne Power it is Treason Where any Jesuite or any other Priest ordained since the first yeere of the reigne of Queene Elizabeth shall come into or remaine in any part of this Realme it is Treason Where any person being brought up in a Colledge of Jesuites or Seminaries shall not returne within six moneths after Proclamation made and within two dayes after his returne submit himselfe to take the oath of Supremacy if otherwise hee doe returne and not within sixe moneths after Proclamation made it is Treason Where a man committed for Treason doth voluntarily breake 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 affirme or maintaine any Authority of Jurisdiction spirituall or doth put in â—â—e or execute any thing for the advancement or setting forth thereof the third time it is Treason Where a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse if hee bee any Ecclesiasticall person or by Commission out of the Chancery if hee bee a temporall person such Offence the second time is Treason CHAP. II. The punishment triall and proceeding in cases of Treason IN Treason the corporall punishment is by drawing on a hurdle from the place of the prison to the place of execution by hanging and being cut downe alive bowelling and quartering and in women burning In Treason there ensueth a corruption of bloud in the line ascending and descending In Treason lands and goods are forfeited and inheritances aswell intailed as fee simple and the profits of estates for life In Treason the Escheats goe to the King and not to the Lord of the Fee In Treason the land forfeited shall bee in the Kings actuall possession without Office In Treason there be no accessaries but all are principalls In Treason no Sanctuarie nor benefit of Clergie or peremptory challenge is allowed In Treason if the party stand mute yet neverthelesse judgement and attainder shall proceed all one as upon verdict In Treason no Councell is to bee allowed nor baile permitted to the partie In Treason no witnesses shall bee received upon oath for the parties justification In Treason if the fact bee committed beyond the seas yet it may bee tryed in any County where the King will award his Commission In Treason if the party bee non sanae memoriae yet if hee had formerly confessed it before the Kings Councell and that it bee certified that hee was of good memory at the time of his examination and confession the Court may proceede to judgement 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 bee once acquitted hee should not bee brought in question againe for the same fact In Treason no new case not expressed in the Statute of 25. E. 3. or made Treason by any speciall Statute since ought to bee judged Treason without consulting with the Parliament In Treason there can be no prosecution but at the Kings 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 triall of a Peere of the Kingdome is to bee by speciall Commission before
cannot In felony there followeth corruption of bloud except it bee in cases made felony by speciall Statutes with a proviso that there shall be no corruption of bloud 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 customes lands in fee simple are not so forfeited The Father to the bough The Sonne to the Plough as in Gavel-kinde in Kent and other places In felony the Escheats goe to the Lord of the Fee and not to the King except hee be Lord But profits for the estates for lives or in taile during the life of tenant in taile goe 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 entrie or recovery in a writ of Escheate or death of the party attainted In felony there can bee no proceeding with the accessary before there bee a proceeding with the principall If hee die or plead his pardon or have his Clergie before attainder the accessary can never be dealt with In felony if the party stand mute and will not put himself upon tryall or challenge peremptorily above that the law allowes hee shall have judgement not of hanging but of penance of pressing to death but there he saves his lands and forfeits only his goods In felony at the common law the benefit of Clergie or Sanctuary was allowed but now by Stat. it is taken away in most cases In felony baile may be admitted where the fact is not notorious and the person not of ill name In felony no Councell is to bee allowed to the party no more then in treason In felony if the fact bee committed beyond the Seas or upon the Seas super altum mare there is no tryall at all in one case nor by course of Jury in the other but by the Jurisdiction of the Admiralty In felony no witnesse shall bee received upon oath for the parties Justification no more then in treason In felony if the party bee non sonae memoria although it bee after the fact hee cannot be tryed nor adjudged except it be in course of Outlawry and that is also erroneous In felony the death of the party before conviction dischargeth all proceedings and forfeitures In felony if the party bee once acquit or in perill of Judgement of life lawfully hee shall never be brought in question againe for the same fact In felony the prosecution may bee either at the Kings suit or by way of appeale the defendant shall have his course and produce witnesses upon oath as in civill causes In felony the King may grant hault justice to a subject with the Regality of power to pardon it In felony the tryall of Peeres is all one as in case of treason In felony the proceedings are in the Kings Bench or before Commissioners of Oyer and Terminer or of Gaol delivery and in some case before Justices of the Peace CHAP. IX Cases of Felony de se with the punishment triall and proceedings IN the civill law and other lawes they make a difference of cases of felony de se for where a man is called in question upon any capitall crime and killeth himselfe to prevent the law there they give the judgement in all points of forfeiture as if they had beene attainted in their life time And on the other side where a man killeth himselfe upon impatience of sicknesse or the like they doe not punish it at all but the law of England taketh it all in one degree and punisheth onely with losse of goods to bee forfeited to the King who generally grants them to his Almoner where they bee not formerly granted unto speciall liberties CHAP. X. Cases of Premunire WHere a man purchaseth or accepteth any provision that is collation of any spirituall benefice or living from the Sea of Rome it is Premunire Where a man shall purchase any proces to draw any people of the Kings allegeance out of the Realme in plea whereof the cognizance pertaines to the Kings Court and commeth not in person to answer his contempt in that behalfe before the King and his Councell or in his Chancery it is Premunire VVhere a man doth sue in any Court which is not the Kings Court to defeate or impeach any judgement given in the Kings Court and doth not appeare to answer his contempt it is Premunire VVhere a man doth purchase or pursue in the Court of Rome or elsewhere any processe sentence of excommunication bull or instrument or other thing which toucheth the King in his Regality or his Realme in prejudice it is Premunire VVhere a man doth affirme or maintaine any forraigne kinde of Jurisdiction spirituall or doth put in ure or execution any thing for the advancement or setting forth thereof such offence the second time committed is Premunire VVhere a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse if it bee an Ecclesiasticall person or by a Commission out of the Chancery if it bee a temporall person it is Premunire VVhere a Deane and Chapter of any Church upon the Conge de Lier of an Archbishop or Bishop doth refuse to elect any such Archbishop or Bishop as is nominated unto them in the Kings Letters missive it is Premunire Where a man doth contribute or give reliefe to any Jesuite or Seminary Priests or to any person brought up therein and called home and not returning it is case of Premunire Where a man is a Broker of an usurious contract above ten in the hundred it is Premunire CHAP. XI The punishment triall and proceeding in cases of Premunire THe punishment is by imprisonment during life forfeiture of goods forfeiture of lands in fee simple and forfeiture of the profits of lands intailed or for life The triall and proceeding is as in cases of misprision of Treason and the tryall is by Peers where a Peer of the Realme is the offender Striking any man in the face of the Kings Courts is forfeiture of lands perpetuall imprisonment and losse of that hand CHAP. XII Cases of Abjuration and Exile and the proceedings therein WHere a man committeth any felony for the which at this day hee may have priviledge of Sanctuary and confesseth the felony before the Coroner he shall abjure the liberty of the Realme and chuse his Sanctuary and if hee commit any new offence or leave his Sanctuary hee shall lose the priviledge thereof and suffer as if hee had not taken Sanctuary Where a man not coming to the Church and being a Popish Recusant doth perswade any the Kings subjects to impugne his Majesties Authority in causes Ecclesiasticall or shall perswade any subject to come to any unlawfull conventicles and shall not after conforme himselfe within a time and make his submission hee shall abjure the Realme and forfeit his goods and lands during life and if hee depart
not within the time prefixed or returne hee shall bee in the degree of a Felon Where a man being a Popish Recusant and not having lands to the value of 20. Marks per annum nor goods to the value of 40. l. shall not repaire to his dwelling or place where hee was borne and there confine himselfe within the compasse of five miles hee shall abjure the Realme and if he returne he shall be in case of a Felon Where a man kils the Kings Deere in Chases or Forrests and can finde no sureties after a yeeres imprisonment he shall abjure the Realme Where a man is a trespasser in Parkes or in Ponds of fish and after three yeeres imprisonment cannot finde sureties hee shall abjure the Realme Where a man is a Ravisher of any childe whose marriage belongs to any person and marrieth the said childe after yeeres of consent and is not able to satisfie for the marriage hee shall abjure the Realme CHAP. XIII Cases of Heresie and the triall and proceedings therein THe declaration of Heresie and likewise the proceedings and judgement upon Hereticks is by the common lawes of this Realme referred to the Jurisdiction ecclesiasticall and the secular arme is reached to them by the common Lawes and not by any Statute for the execution of them by the Kings writ de Haeretico comburendo CHAP. XIIII The Kings Prerogative in Parliament THe King hath an absolute negative voyce to all Bils that passe the Parliament so as without his royall assent they have a meere nullity and not so much as Authoritas praescripta or Senatus consulta had notwithstanding the intercession of Tribunes The King may summon Parliaments dissolve them prorogue them and adjourne them at his pleasure The King may add voyces in the Parliament at his pleasure for hee may give priviledge to Borough Townes as many as hee will and may likewise call and create Barons at his pleasure No man can sit in Parliament except hee take the oath of Allegeance CHAP. XV The Kings Prerogative in matters of Warre or Peace THe King hath power to declare and proclaime warre and to make and conclude peace and truce at his pleasure The King hath power to make leagues and confederacies with forraigne States more straight and lesse straight and to revoke and disannull them at his pleasure The King hath power to command the bodies of his Subjects for the service of his warres and to muster traine and levie men and to transport them by sea or land at his pleasure The King hath power in time of warre to execute Marshall Law and to appoint all Officers of warre at his pleasure The King hath power to grant his Letters of Mart and reprisall for remedy to his Subjects upon forraigne wrongs at his pleasure The King hath power to declare Lawes by his Letters Patents for the government of any place conquered by his Armes at his pleasure The King may give Knight-hood and thereby enable any subject to performe Knights service at his pleasure CHAP. XVI The Kings Prerogative in matters of moneys THe King may alter his standard in basenesse or finenesse of his coyne at his pleasure The King may alter his stampe in forme at his pleasure The King may alter the valuations of his coyne and raise and fall moneys at his pleasure The King by his Proclamation may make moneyes of his owne currant or not currant at his pleasure The King may take or refuse the Subjects bullion and coyne more or lesse money The King by his Proclamation may make forreigne money currant or not currant CHAP. XVII The Kings Prerogative in matters of Trade and Traffick THE King may constraine the person of any of his subjects not to goe out of the Realme at all The King may restrain any of his subjects to goe out of the Realme into any speciall part forreigne The King may forbid the exportation of any commodities out of the Realme The King may forbid the importation of any commodities into the Realme The King may set a reasonable Impost upon any forreigne wares that come into the Realme and so of native wares that goe out of the Realme CHAP. XVIII The Kings Prerogative in the persons of his Subjects THe King may create any Corporation or Bodie politick and enable them to purchase and grant and to sue and bee sued and that with such restrictions and modifications as he pleases The King may denizen and enable any forreigner for him and his descendents after the Charter though hee cannot naturalize nor enable him to make pedegree from Ancestors Paramount The King may enable any attainted person by his Charter of pardon to purchase and to purge his bloud for the time to come though hee cannot restore his bloud for the time past The King may enable any dead person in law as men professed to take and purchase to the Kings benefit CHAP. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables 1. TO the first Of the originall of the Authority of Constables it may bee said Caput inter nubila condit for the Authoritie was granted upon the ancient Lawes and Customes of this Kingdome practised long before the Conquest and intended and instituted for the conservation of the peace and repressing of all manner of disturbance and hurt of the people and that as well by way of prevention as punishment but yet so as they have no judiciall power to heare and determine any cause but onely a ministeriall power as in the answer of the seventh Article more at large is set downe As for the Office of the High Constable the originall of that is yet more obscure for though the High Constables Authority hath the more ample circuit hee being over the Hundred and the petie Constable over the Village yet I doe not finde that the petie Constable is subordinate to the High Constable or to bee ordered or commanded by him and therefore I doubt the High Constable was not ab origine but that when the businesse of the Country increased the authority of the Justices of peace was enlarged by divers Statutes then for conveniencie sake the Office of High Constables grew in use for the receiving of the commands and precepts from the Justices of peace and distributing them to the petie Constables and in token of this the election of High Constables in most parts of the Kingdome is by the appointment of the Justices of peace whereas the election of the petie Constable is by the people But there bee two things unto which the Office of Constable hath speciall reference and which of necessity or at leaâ—â— a kind of congruity must precede the Jurisdiction of that Office either the things themselves or somewhat that hath a similitude or analogie towards them 1. The one is the division of the Territory or grosse of the Shires into Hundreds Villages and Townes for the High Constable is Officer over the Hundred and the