Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	king_n	writ_n	2,416	5	9.3359	5	true

Text snippets containing the quad

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

adjudged and declared in Parliament And all other Treasons that are not here declared ought to be Felonies at the least because Felonies were made Treasons before the Stattute and because the words of the Statute are that it ought to be Treason or Felony but if it be but once declared in Parliament unless there be a Proviso that the Judges shall not proceed upon the like Cases they may afterwards proceed by force of this Statute There are Treasons at the Common Law notwithstanding the Stat. of 1 Mar. for that did take away those Treasons and Declarations of Treasons that were made in Parliaments from the time of our Statute to 1 Mar. but doth not take away the declarative Power in our Statute mentioned nor the Common Law but they do remain still as before FINIS CASES OF TREASON CHAP. I. WHERE a man doth compass or imagine the Death of the King the King's Wife the King 's eldest Son and Heir apparent if it appear by any overt act it is Treason Where a man doth violate the King's Wife the King 's eldest Daughtter unmarried the Wife of the King 's eldest Son and Heir apparent it is Treason Where a man doth levie War against the King in the Realm it is Treason Where a man is adherent to the King's Enemies giving them aid and comfort it is Treason Where a man counterfeiteth the King's Great Seal Privy Signet Sign Manual it is Treason likewise his Money Where a man bringeth into this Realm false money counterfeited to the likeness of English with intent to merchandise or make payment thereof and knowing it to be false money it is Treason Where a man counterfeiteth any Coyn current in payment within this Realm it is Treason Where a man doth bring in any money being current within the Realm the same being false and counterfeit with intent to utter it and knowing the same to be false it is Treason Where a man doth clip waste round or file any of the King's money or any Foreign Coyn current by Proclamation for gain-sake it is Treason Where a man doth any way impair diminish falsifie skale or lighten money current by Proclamation it is Treason Where a man killeth the Chancellor the Treasurer the King's Justices in Eire the King's Justices of Assises the Justices of Oyer and Terminer being in their several Places and doing their Offices it is Treason Where a man procureth or consenteth to Treason it is Treason Where a man doth persuade or withdraw any of the Kings Subjects from his obedience or from the Religion by his Majesty established with intent to withdraw any from the Kings obedience it is Treason Where a man is absolved reconciled or withdrawn from his obedience to the King or promiseth obedience to any Foreign Power it is Treason Where any Jesuit or any other Priest ordained since the first year of the Reign of Qu. Elizabeth shall come into or remain in any part of this Realm it is Treason Where any Person being brought up in a Colledge of Jusuits or Seminaries shall not return within six months after Proclamation made and within two dayes after his return submit himself to take the Oath of Supremacy if otherwise he do return and not within six months after Proclamation made it is Treason Where a man committed for Treason doth voluntarily break Prison it is Treason Where a Jaylor doth voluntarily permit a man committed for Treason to escape it is Treason Where a man relieveth or comforteth a Traitor and knoweth of the Offence it is Treason Where a man doth affirm or maintain any Authority of Jurisdiction Spiritual or doth put in ure or execute any thing for the advancement of setting forth thereof the third time it is Treason VVhere a man refuseth to take the Oath of Supremacy being tendred by the Bishop of the Diocese if he be any Ecclesiastical Person or by Commission out of the Chancery if he be a temporal Person such Offence the second time is Treason CHAP. II. The Punishment Tryal and Proceeding in Cases of Treason IN Treason the Corporal Punishment is by drawing on an hurdle from the place of the Prison to the place of Execution by hanging and being cut down alive bowelling and quartering and in VVomen burning In Treason there ensueth a corruption of blood in the Line ascending and descending In Treason Lands and Goods are forfeited and Inheritance as well intailed as Fee-simple and the profits of Estates for Life In Treason the Escheats go to the King and not to the Lord of the Fee In Treason the Land forfeited shall be in the Kings actual possession without Office In Treason there be no Accessaries but all are Principals In Treason no Sanctuary nor benefit of Clergy or peremptory Challenge is allowed In Treason if the Party stand mute yet nevertheless Judgment and Attainder shall proceed all one as upon Verdict In Treason no Counsel is to be allowed nor Bail permitted to the Party In Treason no Witnesses shall be received upon Oath for the Parties Justification In Treason if the Fact be committed beyond the Seas yet it may be tryed in any County where the King will award his Commission In Treason if the Party be non sanae memoriae yet if he had formerly confessed it before the Kings Council and that it be certified that he was of good Memory at the time of his Examination and Confession the Court may proceed to do Judgment without calling or arraigning the Party In Treason the death of the Party before Conviction dischargeth all Proceedings and Forfeitures In Treason if the Parties be once acquitted he should not be brought in question again for the same Fact In Treason no new Case not expressed in the Statute of 25 E. 3. or made Treason by any special Statute since ought to be judged Treason without consulting with the Parliament In Treason there can be no Prosecution but at the King's suit and the Kings Pardon dischargeth In Treason the King cannot grant over to any Subject Power and Authority to pardon it In Treason a Trial of a Peer of the Kingdom is to be by special Commission before the Lord high Steward and those that pass upon him to be none but Peers The Proceeding is with great Solemnity the Lord Steward sitting under a cloth of Estate with a white rod of Justice in his hand and the Peers may conferr together but are not any ways shut up and are demanded by the Lord Steward their Voices one by one and the plurality of Voices carries it In Treason it hath been an ancient Use and Favour from the Kings of this Realm to pardon the Execution of hanging drawing and quartering and to make Warrant for their beheading The Proceeding in case of Treason with a common Subject is in the Kings Bench or by Commission of Oyer and Terminer CHAP. III. Cases of Misprision of Treason WHere a man concealeth high Treason only without any consorting or abetting it is misprision of Treason

Entry or Recovery in a Writ of Escheat or Death of the Party attainted In Felony there can be no proceeding with the Accessary before there be a proceeding with the Principal If he dye or plead his Pardon or have his Clergy before Attainder the Accessary can never be dealt with In Felony if the Party stand mute and will not put himself upon Tryal or challenge peremptorily above that the Law allows he shall have Judgment 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 Clergy or Sanctuary was allowed but now by Stat. it is taken away in most cases In Felony Bail may be admitted where the Fact is not notorious and the Person not of ill name In Felony no Councel is to be allowed to the Party no more than in Treason In Felony if the fact be committed beyond the Seas or upon the Seas super altum mare there is no Tryal at all in one case nor by course of Jury in the other but by the Jurisdiction of the Admiralty In Felony no witness shall be received upon Oath for the Parties Justification no more than in Treason In felony if the Party be non sanae memoriae although it be after the fact he 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 be once acquit or in peril of Judgment of Life lawfully he shall never be brought in question again for the same fact In felony the prosecution may be either at the King's Suit or by way of Appeal the Defendent shall have his course and produce Witnesses upon Oath as in Civil Causes In Felony the King may grant hault Justice to a Subject with the Regality of Power to pardon it In Felony the Tryal of Peers is all one as in case of Treason In Felony the Proceedings are in the King's Bench or before Commissioners of Oyer and Terminer or of Goal-delivery and in some case before Justices of the Peace CHAP. IX Cases of Felony de se with the Punishment Tryal and Proceedings IN the Civil Law and other Laws they make a difference of Cases of Felony de se for where a man is called in question upon any capital Crime and killeth himself to prevent the Law there they give the Judgment in all points of forfeiture as if they had been attainted in their Life-time And on the other side where a man killeth himself upon impatience of Sickness or the like they do not punish it at all but the Law of England taketh it all in one degree and punisheth onely with loss of Goods to be forfeited to the King who generally grants them to his Almoner where they be not sormerly granted unto special Liberties CHAP. X. Cases of Premunire WHere a man purchaseth or accepteth any provision that is collation of any Spiritual Benefice or Living from the See of Rome it is Premunire Where a man shall purchase any Process to draw any People of the Kings Allegiance out of the Realm in plea whereof the cognizance pertains to the Kings Court and cometh not in Person to answer his contempt in that behalf before the King and his Council or in his Chancery it is Premunire Where a man doth sue in any Court which is not the King's Court to defeat or impeach any Judgment given in the Kings Court and doth not appear to answer his Contempt it is Premunire Where a man doth purchase or pursue in the Court of Rome or elsewhere any Process Sentence of Excommunication Bull or Instrument or any other thing which toucheth the King in his Regality or his Realm in prejudice it is Premunire Where a man doth affirm or maintain any Foreign kind of Jurisdiction Spiritual or doth put in ure or execution any thing for the advancement or setting forth thereof such Offence the second time committed is Premunire Where a man refuseth to take the Oath of Supremacy being tendred by the Bishop of the Diocese if it be an Ecclesiastical Person or by a Commission out of the Chancery if he be a Temporal Person it is premunire Where a Dean 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 relief to any Jesuit 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 Tryal and Proceeding in Cases of Premunire THe Punishment is by Imprisonment during Life forfeiture of Goods forfeiture of Lands in fee simple forfeiture of the profits of Lands Intailed or for Life The Trial and Proceeding is as in cases of Misprision of Treason and the Tryal is by Peers where a Peer of the Realm is the Offender Striking any man in the face of the King's Courts is forfeiture of Lands perpetual Imprisonment and loss 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 he may have priviledge of Sanctuary and confesseth the Felony before the Coroner he shall abjure the Liberty of the Real and chuse his Sanctuary and if he commit any new offence or leave his Sanctuary he shall lose the Priviledge thereof and suffer as if he had not taken Sanctuary Where a man not coming to the Church and being a Popish Recusant doth perswade any the Kings Subjects to impugn his Majesties Authority in Causes Ecclesiastical or shal perswade any Subject to come to any unlawful Conventicles and shall not after conform himself within a time and make his submission he shall abjure the Realm and forfeit his Goods and Lands during Life and if he depart not within the time prefixed or return he shall be 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 repair to his dwelling or place where he was born and there confine himself within the compass of five miles he shall abjure the Realm and if he return he shall be in case of a Felon Where a man kills the King 's Deer in Chases or Forests and can find no Sureties after a years Imprisonment he shall abjure the Realm Where a man is a Trespasser in Parks or in Ponds of fish and after three years Imprisonment cannot find Sureties he shall abjure the Realm Where a man is a Ravisher of any Child whose Marriage belongs to any Person and marrieth the said Child after years

of consent and is not able to satisfie for the Marriage he shall abjure the Realm CHAP. XIII Cases of Heresie and the Trial and Proceedings therein THE Declaration of Heresie and likewise the Proceedings and Judgment upon Hereticks is by the Common Laws of this Realm referred to the Jurisdiction Ecclefiastical and the Secular Arm is reached to them by the Common Laws and not by any Statute for execution of them by the Kings Writ de Haeretico comburendo CHAP. XIV The Kings Prerogative in Parliament THE King hath an absolute negative Voice to all Bills that pass the Parliament so as without his Royal Assent they have a meer 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 adjourn them at his Pleasure The King may add Voices in the Parliament at his Pleasure for he may give Priviledge to Borough Towns as many as he will and may likewise call and create Barons at his pleasure No man can sit in Parliament except he take the Oath of Allegiance CHAP. XV. The Kings Prerogative in matters of War or Peace THE King hath power to declare and proclaim War and to make and conclude Peace and Truce at his pleasure The King hath power to make Leagues and Confederacies with Foreign States more straight and less 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 Wars and to muster train and levy men and to transport them by Sea or Land at his pleasure The King hath power in time of War to execute Marshal Law and to appoint all Officers of War at his pleasure The King hath power to grant his Letters of Mart and Reprisal for remedy to his Subjects upon foreign wrongs at his pleasure The King hath power to declare Laws by his Letters Patents for the government of any place conquered by Arms at his pleasure The King may give Knight-hood and thereby mable any Subject to perform Knights Service at his pleasure CHAP. XVI The Kings Prerogative in matters of Moneys THE King may alter his Standard in baseness or fineness of his Coyn at his pleasure The King may alter his stamp in form at his pleasure The King may alter the valuations of his Coyn and raise and fall Moneys at his pleasure The King by his Proclamation may make Moneys of his own current or not current at his pleasure The King may take or refuse the Subjects Bullion and Coyn more or less money The King by his Proclamation may make Fereign money current or not current CHAP. XVII The Kings Prerogative in matters of Trade and Traffick THE King may constrain the Person of any of his Subjects not to go out of the Realm at all The King may restrain any of his Subjects to go out of the Realm into any special Part foreign The King may forbid the exportation of any Commodities out of the Realm The King may forbid the importation of any Commodities into the Realm The King may set a reasonable Impost upon any Foreign Wares that come into the Realm and so of Native Wares that go out of the Realm CHAP. XVIII The Kings Prerogative in the Persons of his Subjects THE King may create any Corporation or Body Politick and enable them to purchase and grant and to sue and be sued and that with such restrictions and modifications as he pleases The King may denizen and enable any Foreigner for him and his Descendents after the Charter though he 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 Blood for the time to come though he cannot restore his Blood for the time past The King may enable any dead Person in Law as men professed to take and purchase to the King's Benefit CHAP. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables TO the first Of the Original of the Authority of Constables it may be said Caput inter nublia condit for the Authority was granted upon the Ancient Laws and Customes of this Kingdom practised long before the Conquest and intended and instituted for the conservation of the Peace and repressing 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 Judicial power to hear and determine any cause but onely a Ministerial power as in the answer of the seventh Article more at large is set down As for the Office of the High Constable the original of that is yet more obscure for though the High Constables Authority hath the more ample Circuit he being over the hundred and the pety Constable over the Village yet I do not find that the pety Constable is subordinate to the High Constable or to be ordered or commanded by him and therefore I doubt the High Constable was not ab origine but that when the business of the Countrey increased the Authority of the Justices of Peace was inlarged by divers Statutes then for conveniency 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 Kingdom is by the appointment of the Justices of Peace whereas the election of the pety Constable is by the People But there be two things unto which the Office of Constable hath special reference and which of necessity or at least a kind of congruity must precede the Jurisdiction of that Office either the things themselves or somewhat that hath a similitude or analogy towards them 1. The one is the division of the Territory or gross of the Shires into Hundreds Villages and Towns for the High Constable is Officer over the Hundred and the pety Constable is over the Town or Village 2. The other is the Court Leet unto which the Constable is a proper Attendant and Minister for there the Constables are chosen by the Jury there they are sworn and there that part of their Office which concerneth Information is principally to be performed for the Jury is to present Offences and the Offenders are chiefly to take light from the Constables of all matters of Disturbance and Nusance of the People which they in respect of their Office are presumed to have best and most particular knowledge of CHAP XX. Three ends of the Institution of the Court Leet 1. THe first end of the Institution of the Court Leet is To take the Oath of Allegiance of all Males above the Age of twelve years 2. The second To enquire of all offences against the peace and for those that are against the Crown and Peace both