nisi modum excedant quia emendationis non injurioe gratia videntur adhiberi puniuntur cum quis per iram ab extraneo pulsatus est 2. Persona nam magis delinquit qui patrem vel matrem vel dominum interficit 3. Locus qui facit ut idem sit furtum vel sacrilegium secundum hoc minor poena vel major 4. Tempus hoc discernit proedonem a fure a Burglatore furemque diurnum a nocturno 5. Quantitas hoec discernit furene ab Ambiguo plus enim peccat qui gregem surripuerit quam qui ovem 6. Eventus ut si ex voluntate conscientia certa fecerit quis aliquid sicut homicidium an ex eventu Et secundum hoc aut erit felonia aut infortunium Gothofredus on the Digest hath these words In factis dictis scriptis Consiliis Causa Persona Locus Tempus Qualitas Quantitas Eventus consideranda sunt Quintil. 6. Inst Atrocitas crescit ex his quid factum sit a quo in quem quo animo quo loco quo tempore quo modo 6. Of the Persons to be coesidered in Criminal Judgments The Persons that constitute Judgment criminal are § Parties Assistants and Judge 1. Of the Parties in Judgment Of these in their order The Parties are Accuser and Accused called sometime Appellor and Appellee sometime Indictor and Indictee Britton telleth us Cap. 22. that it is not for every Person to accuse or appeal for a Man outlawed neither he that hath forjured the Realm nor a Man attainted nor an Approver that hath failed in his probation nor an Infant within the age of 14 yeares nor a mad Man nor an Ideot nor a mute nor one that is deaf nor a leper nor a Man within Holy Orders are not receivable in Appeals c. The Mirror saith that Women Infants Ideots Lepers c. 1. sect 3. or Professours in Order of Religion or Clerks or Persons attainted of felony or non compes mentis cannot be Approvours Now an Approvour is he who hath committed some felony which he confesseth and appealeth or approveth that is to say accuseth others which were coadjutours or helpers with him in doing the same or other felonies which thing he will approve and this proof is to be either by Battaile or by the Countrey at his election that appealed This Accusation is often done before the Coroner who either is assigned to the felon by the Court to take and record that which he saith or is called by the felon himself and required for the good of the Prince and Common-wealth to record that which he shall say If upon his appeal all those Partners be convicted the King ex merito Justitioe is to pardon him But it is in the discretion of the Court either to suffer him to be an Approver 21. H. 6.29 b. 34. b. or after his approvement to respite Judgment and execution until he hath convicted all his Partners Note If a Man that is of good fame be appealed by an approver by which he is apprehended and kept in prison yet het may have a writ to be directed to the Sheriff commanding him to suffer the Party appealed to be Bayled by good sureties But if a Man appealed by an Approver be kept in prison and afterwards the Approver dieth there he may sue a Writ directed to the Sheriff to suffer him to be Bayled upon good surety if he be not a notorious felon although he be not of good fame Fitzh N.B. 250. d. Note further that before Indictment no person can approve because if his approvement be false 43. Ass Pl. 39.15 E. 3. Cor. 113.11 H. 7.5 no Judgment whatsoever he confessed can be given against him unless he be indicted and no Judgment can be given against him if his Appeal be false but of the offence contained in the Indictment and so are the Books to be understood Thus much of the Party accusing As for the party accused or appealed he is alwayes arraigned either as principal or accessary Of these distinctly and apart 1. Of Principals It is a sure rule that in alta proditione Co. 3. Inst 138. nullus potest esse accessorius sed Principalis solummodo As if many men conspire to Levy War Co. 3. Inst f. 9. and some of them do Levy the same according to the conspiracy this is High treason in all for in Treason all be principalls If a man committeth Treason 19. H. 6.47 3. H. 7.10 Co. 3. Inst f. 138. and thereby becometh a Traitor if any other man knowing him to be a Traitor doth receive comfort and aid him he is guilty of Treason as principal for that there be no accessaries in High Treason Note Co. Litt. 57. b. Co. 3. Inst 20 21.57 Inst 20 21. Co. 3. Just 138. Co. lib. 4. Vaâ—xes Case Plowd Com. 47â— Saunders's Case Co. lib. 9. Gores case that in the lowest offences there are no accessaries but all are principals as in Riots Routs c. There is another rule Nullus dicitur felo principalis nisi actor aut qui proesens aut auxilians actorem ad feloniam faciendam But this rule hath his exceptions for in ease of poysoning if one layeth poyson for one or infuseth it into a broth or the like albeit he be not present when the same is taken and either the party intended or another is poysoned yet he is a principal and in that case both the principal and procurer or accessory may be absent So there is a felony wherein all be principals Co. 2. Iust 138. Co. 3. Inst f. 61. as well before as after though they be absent at the doing of the felony but this is specially provided by the Statute of 3. H. 7. c. 2. of Taking Women against their wills Note If any be present abetting and aiding any to do an Act Co. 3. Inst f. 59. 3 4. P. M. Justice Dalisons Reports though the offence be personal and to be done by one only as to commit a Rape not only he that doth the Act is a Principal but also they that be present abetting and aiding the misdoer are principalls also 2. Of Accessary In case of felony as there be principals so there be Accessories and accessories be of two sorts by the Common Law and by the Statute Law Accessory by the Common Law is also of two sorts § 1. Accessory before the offence or fact and it is he that commandeth or procureth an other to commit felony and is not there present himself when the other doth it but if he be present then he is also a principal As where I. S. doth hold I. X. and commands I. D. to kill him whereupon I. D. doth give him a wound to his heart whereof he instantly dies It is held that both be principals because both are parties to the wound 13. H. 7.10 a. So a Woman servant conspired to rob her Mistress and
parts of the Exchequer which were before of antient building and weak The punishment of this crime in the Civil Law is this Peculatus poena aquae ignis interdictionem in quam hodie successit deportatio continet Porro qui in eum statum deducitur sicut omnia pristina jura ita bona amittit 4. Bribery Bribery sayes Coke is a great Misprision Crimen Repetundarum when any man in Judicial place takes any Fee or Pension Robe or Livery Gift Reward or Brocage of any person that hath to do before him any way for doing his Office or by colour of his Office but of the King only unless it be of meat and drink and that of small value upon divers and grevious punishments Having given you a description of Bribery I propose these Queries with Resolutions upon them and then shew what the Civil Law saith touching Bribery and Reward Whether Bribery can be committed Quaest although there be no suit depending in foro contentioso Bribery may be committed not only when a Suit dependeth in foro contentioso Resp but also when any in Judicial place doth any thing virtute or colore Officii though there be no Suit at all For example Co. 3. Inst f. 148. if the Lord Treasurer for any gift or brocage shall make any Customer Controller or any Officer or Minister of the King this is Bribery for he ought to take nothing in that Case Laws made contra Ambitus by the Statutes of 12. R. 2. c 2.5 E. 6.5.6 Co. Litt. f. 234. a. Co. 3. Inst f. 154. Hobarts Reports Roy v. Bishop of Norwich f. 75. but that he make all such Officers and Ministers of the best and most lawfull Men and sufficient for their estimation and knowledg These Laws aforementioned made contra crimen Ambitus are worthy to be known by all but more worthy to be put in execution for they prevent Bribery and extortion They that buy will sell Whether this offence of Bribery can be perpetrated Qu. 2. by one that hath a Judicial place in the Ecclesiastical Court The Statute of 5 E. 6. c. 16. Resp doth extend as well to Ecclesiastical Office as temporal which concern the Administration and execution of Justice Co 3. Inst 148. Cro. 2. part Trevons Case f. 269. and therefore any Chief Judicial Officer Ecclesiastical taking any thing virtute or colore Officii for any Office Ministerial or Judicial is guilty of Bribery Touching Gifts and Bribery take notice what the Civil Law sayes Non in totum Xeniis abstinere debebit Proconsul sed modum adjicere 1. De Xeniis ut neque morose in tetum abstineat neque avare modum Xeniorum excedat quam rem Divus Severus Imperator Antonius elegantissime epistola sunt moderati D. 4.16.6.3 cujus epistolae verba haec sunt Quantum ad Xenia pertinet Audi quid sentimus Vetus proverbium est neque omnia neque quovis tempore neque ab omnibus Nam valde inhumanum est a nemine accipere sed passim vilissimum est omnia avarissimum Imo non est inhumanum Nam munera excoecant oculos sapientum ac pervertunt verba Justorum verum hic agitur saies Gothofre dus de muneribus quae dantur Proconsuli ut hospiti non ut Judici Et hic aperte Xenia ut appellat quoque hic Jurisconsultus Xeniola distinguntur a dono munere seu munerum qualitate Aliud ii est munus aliud Xenion Xeniolon Lege Julia repetundarum tenetur 2. De Repetundis D. 48.11.3 D. 48.11.9 qui cum aliquam potestatem haberet pecuniam ob judicandum decernendumque acceperit Qui munus publice mandatum accepta pecunia rumperunt crimine repetundarum postulantur 5. Extortion Extortion is a Misprision by wresting or unlawfully taking by any Officer by Colour of his Office any money or valuable thing of or from any Man either that is not due or more then is or before it be due Quod non est debitum Co. Litt. 368. b. vel quod est ultra debitum vel ante tempus quod est debitum Of this crime it is said that in no other than Robbery and another saith that it is more odious than Robbery Co. Lit. 368. b. for Robbery is apparent and hath a face of a crime but extortion puts on the vizor of vertue for expedition of Justice and the like and it is ever accompany'd with that grevious sin of perjury we call it in Latin Crimen expilationis seu concussionis But the Quaere may be whether Extortion and Exaction are all one It is answered They are not for there is this difference taken between Exaction and Extortion Extortion is where an Officer demandeth and wresteth a greater summe or reward than his just Fee And Exaction is where an Officer or other Man demandeth and wresteth a Fee or reward where no Fee or reward is due at all 6. Striking in the Kings Courts where he resides personally or by Representation If any Man in Westminster Hall Co. 3. Inst f. 140. or in any other Place sitting the Courts of Chancery the Kings Bench the Common Bench the Exchequer or before Justices of Assize or Justices of Oyer Terminer shall draw a weapon upon a Judge or Justice though he strike not this is a great Misprision for the which he shall loss his right hand 12. E. 3.13 and forfeit his Lands and goods and his Body to perpetual imprisonment The reason is because it tendeth ad impedimentum Legis terre So it is if in Westminster Hall or any other Place sitting the said Courts there or before Justices of Assize or Oyer and Terminer and within the view of the same a Man doth strike a Jury 3. Eliz. Dyer 188. or any other with weapon hand shoulder elbow or foot he shall have the like punishment but in that case if he make an assault and strike not the offender shall not have the like punishment One Peter Cary was indicted for drawing his sword in Aula Westm sedentibus Curiis Cro. 1. part Cary's Case 405. and in disturbing the Sheriff in making an Arrest upon one T. by force of a Bill of Middlesex and being arraigned and found guilty had Judgment of perpetual Imprisonment and to pay one hundred pounds to the Queen And note that upon the evidence it appeared to be upon the stairs ascending the Court of Wards and so out of the view of the Courts But Popham said although it were out of the view of the Courts yet if the Indictment had been as it ought to have been viz coram Domina Regina the Judgment should have been that his right hand should have been cut off and that he should forfeit all his Lands and Chattels and have perpetual Imprisonment Sr William Waller was indicted for that he in the Palace of Westminster neer the Great Hall Cro. 3. part Sr.
us that he could never read it restrained by the Common Law to any certain number but left to the discretion of the Judges In the Civil Law thus Decem homines populum tres Collegium Bartolus duo Congregationem quindecim turbam constituunt in Jure Civili sed Jure in Communi Angliae tres turbam faciunt 9. Affraies Single Combats and Challenges c. Single Combats 1. Single combat or Duels between any of the Kings Subjects of their own heads and for private malice or displeasure is prohibited by the Laws of this Realm for in setled State governed by Law no Man for any injury whatsoever ought to use private revenge because it belongeth to the King who is the Supream Magistrate and Gods Lieutenant on Earth And the Law herein is grounded upon the Law of God Deut. 32.35 〈◊〉 12.19 It is also against the Law of naâ—â—â—â— and Nations for a Man to be Judge in 〈◊〉 own proper Cause especially in Duels where fury wrath malice and revenge are the rulâ— of the Judgment Hinc est sayes one quâ—d Legum reperta est sa ra reverentia ut nihil manu nihil proprio ageretur impulsu Quid enim a bellica confusione pax tranquilla distat si per vim litigia terminantur But it may be objected Object that it is lawful vim vi repellere therefore private revenge is lawful The reason of the consequence is because by revenge force by force is repelled It is answered Resp That the antecedent is not simply and universally true Vim vi repellere licet cum moderamine inculpatae tutelae in casu ultimae indeclinabilis necessitatis non semper quocumque modo Note that Duels are lawful if they are warranted by publick Authority such as heretofore our Tryals by batail ad probandam veritatem litis and such was the Duell betwixt David Goliah which was strucken by publick warrant and authority Vid. more of this in Grotius lib. 2. c. 1. nu 15. cap. 23. nu 10. Note further that albeit upon the Single Combat that proceeds not from publick authority no death ensue nor blood drawn Affray yet the very Combat for revenge is an Affray and a great breach of the Kings Peace an Affright and terrour to the Kings Subjects and is to be punished by fine and Imprisonment and to find sureties for their behaviour When any Affray is made by Single Combat any stander by that is no Officer Co. 3. Inst f. 178. may endeavour to part them and prevent further danger and the Law doth encourage them thereunto for if they receive any harme by the Affrayours they shall have their remedy by Law against them and if the Affrayours receive any hurt by the endeavouring only to part them the standers by may justify the same and the Affrayours have no remedy by Law 8. E. 2. Cor. 295.22 Ass Pl. 56. But if either of the Parties be slain or wounded or so striken as he falls down for dead in that case the standers by ought to apprehend the Party so slaving c. or to endeavour the same by the Hue and Cry or else for his escape they shall be fined and Imprisoned But if the Sheriff Justice of Peace Constable or other Conservatour of the Peace do not part the Affrayours for the preservation of the Kings Peace and apprehend them being within his view or do not his uttermost to part and apprehend them they may be imprisoned for their neglect thereof for they may command others to assist them and therefore the rule holdeth in them qui non prohibet 3. H. 7.10.6 Bedingseilds case cum prohibere possit in culpa est And if any be commanded to assist them therein and refuse or neglect the same it is a contempt in them to be punished by fine and Imprisonment The words Affray and Assault be indifferently used of most Men and that also in some of our Book Cases but yet according to Lambards opinion there wanteth not a just difference between them For Affray is derived of the French Effrayer which signifieth to terrify or bring fear which the Law understandeth to be a common wrong and therefore is it enquirable in the Turn of the Sheriff or in a Leete 4. H. 6.10 and 8. E. 4.5 otherwise it is of an Assault as it seemeth by those very Books yet may an Affray be without word or blow given as if a Man shall shew himself furnished with armes or weapon which is not usually worn and born it will strike a fear into others that be not armed as he is But an Assault as it is fetched from another fountain namely from the Latine Assultus which denoteth a leaping or flying upon a Man so can it not be performed without the offer of some hurtful blow or at the least of some fearful speech And therefore to strike at a Man although he were neither hurt or hit with the blow was adjudged an Assault 22. Ass Pl. 60. For this Assault doth always necessarily imply a hitting and therefore in Trespass of Assault and Battery a Man may be found guilty of the Assault and yet be excused of the Battery 40. E. 3.40 45. E. 3.24 3. Challenges Co. 3. Inst f. 158. v. Hobarts Reports Barrow v. Llewillen f. 62. Hickes case 215. If any Subject by word Message or Writing challenge another to fight with him this is an offence before any combat be performed and punishable by Law and it is contra Pacem Coronam Dignitatem Regis For prohibetur cum aliquid prohibentur etiam media ad illud tendentia The means of such evills as well as the end are to be prevented 10. Libells A Libel signifieth a criminous report of any Man cast abroad be he Magistrate or a private Person or otherwise unlawfully published in writing and therefore for distinction sake it is called an Infamous Libel or Pasquil It matters not whether the Libel be true or false or whether the Party be of good fame or ill fame for it inciteth all the same Family Kindred or Society to revenge and so tendeth by consequence to the effusion of blood and to the breach of the publick Peace and therefore such Libelling be it true or false is punishable by our Law It was resolved in the Star-Chamber 44. Eliz. Hallywoods Case that if any find a Libel and would preserve himself out of danger if it be a private Man the finder may either burn it or presently deliver it to some Magistrate but if it concern a Magistrate or Publick Person he ought to give it to the Magistrate One Jeffes was indicted for that he exhibited an infamous Libel Cro. 3. part Jeffes case f. 175. directed unto the King against Sr Ed. Coke late Chief-Justice of the Kings Bench and against the said Court for a Judgment given in the said Court in the Case of Magdalen Colledge affirming the said Judgment to be Treason and
which he was committed to the Goal and R. an Attorney advised the Friends of the Felon to perswade the Witnesses not to Appear to give Evidence against him which was done accordingly And it was Resolved that neither the Friends nor the Attorney were Accessories to the Felony but it was a great Contempt and Misprision for which they might be fined and imprisoned Hitherto of the Parties in Judgements Criminal The Assistants in Judgements Criminal are of two sorts 2 Of the Assistants the one appertaining to the King as the Kings Serjeants his Attorney and Solicitor General and the Clerk of the Crown the other to the party Arraigned assigned to him upon his prayer by the Court The Duty of the Kings Councel learned in the Laws is to manage the Evidence against the prisoner at his Tryal and the Function of the Clerk of the Crown is to frame read and record all Indictments against Traytors Felons and other Offenders Arraigned in the Kings Bench upon any publique Crime Note by the Statute of 2 H 4. this Clerk of the Crown 2 H 4 c 10 if fourscore or a hundred men be Indicted of Felony or Trespass of one Felony or one Trespass and they plead to an Issue as not Guilty the said Clerk ought not to take for the Venire Facias nor for the Entring of the Plea but two shillings only and not two shillings for every one which Act is made in affirmance of the Common Law So if one man be Indicted of two several Felonies or Trespasses and is acquitted 26 Ass pl 24 he shall pay but for one Deliverance As to the Councel belonging to the Party Arraigned the Law of England is thus where any person is Indicted of Treason or Felony and pleadeth to the Treason or Felony Not Guilty which goeth to the Fact best known to the party it is holden that the party in that Case shall not have an Advocate assigned to defend his Cause or alledge any matter for him but if the party Arraigned hath any matter of Law to plead he shall have Councel assigned by the Court to plead the same as to plead a general Pardon or a particular Pardon or to plead in Arrest of Judgement if the Verdict be found against him that the Tryal came not out of the right place Co. lib. 6 f 14 Arundels case as it fell out in Arundels Case convicted by a Jury of wilful Murder or any other matter of Law Sir Humphrey Stafford had an Advocate assigned him concerning the priviledge of Sanctuary 1. H. 7 â— 22 b. from whence he was drawn by force but for the matter of High Treason he pleaded his own Cause But though the party Arraigned upon an Indictment of Treason or Felony and pleading to the Treason or Felony Not Guilty which goeth to the Fact cannot have Councel to give in Evidence or alledg any matter for him yet in Appeals which are the Suites of the Subject Councel is allowed and the Reason why Councel is not prohibited in an Appeal as it is in an Indictment may be this There is no Appeal brought Doctor Stud. lib. 2. c. 48. but that of common presumption the Appellant hath malice against the Apellee and therefore if the Judges should in those Cases shew themselves to Instruct the Appellees the Appellants would grutch and think them partial and therefore as well of the Indempnity of the Court as of the Appellee in that Case that he be not guilty the Law suffereth the Appellee to have Councel but when a man is Indicted at the Kings Suit the King intendeth nothing but Justice with Favour and that is to the rest and quietness of his faithful Subjects and to pull away Misdoers among them charitably and therefore the King will be contented that his Justices shall help forth the Offenders according to the Truth as far as Reason and Justice may suffer Note Co 3. Inst 29. that in Scotland in all Criminal Cases yea in cases of High Treason Pars rea may have Councel learned Thus much of the Assistants There is in Criminal or Publique Judgement a two-fold Judg â— Of the Judge one of matter of Fact and that is the Iury whose Office is to find out the truth of the Fact Co Lit. 226. a. lib. 4. Heydons case â—2 a. lib. 9. Dowmans case f 13 a. the other of Law-matters and that is the Kings Justice whose Office is to find out the truth of the Law Ad questionem facti nen respondent Iudices ita ad quoestionem Iuris non respondent Iuratores Of these particularly 1. Of the Iury. Iurors ought to be persons competent and that they be such it is required that every Juror that is returned for the Tryal of the life of man Co Lit 1â—5 b 272 a 78 b. ought to have three qualities 1. He ought to be Dwelling most near to the place where the question is moved for Lex intendit vicinum vicini facta scire Stat. 2. H 5 c. 3 Stat. 2. 2. He that passeth in an Enquest of Life and death ought to have Lands and Tenements to the value of 40 Shillings 3. He ought to be least suspicious that is to be indifferent as he stands unsworn and then he is accounted Liber legalis homo otherwise he may be challenged and not sufferred to be sworn The Determination of the matter of fact by Jurors Co Lit. 226. a. Co. lib. 9. f. 13. a. Dowmans Case is termed in our Law a Verdict in Latin Veredictum quasi dictum veri satis And of Verdicts some are general some special or at large It is called a Special Verdict or at Large because the Jurours find the special matter at large Co. Lit. f. 226. b. leave the Judgment of Law thereupon to the Court Of which kind of Verdict it is said Omnis conclusio boni veri Judicii sequitur ex bonis veris praemissis dictis Juratorum Touching special Verdicts in Crown matters Vide Cro. 3. part Hallowayes case Cookes case f. 537. 2. Of the Judge in matters of Law The Judges that are to decide and discusse matters in Law are bound to observe these particulars § 1. They ought to judge secundum allegata probata Quotiescunque sententiam fert Judex secundum allegata probata ferre debet 2. They ought to see that the Indictment Co. 3. Inst f. 1â—7 Tryal and other proceeding be good and sufficient in Law otherwise they will by their erronious Judgment attaint the Prisoner unjustly 3. The Court ought to be instead of Countel for the Prisoner to see that nothing be urged against him contrary to Law and right Co. 3. Inst f. 29. nay any Learned Man that is present may informe the Court for the benefit of the Prisoner of any thing that may make the proceedings erronious 4. The Jadges ought not to deliver their opinions before hand of any Criminal cause
therefore when she taketh another Husband cessante causa ceffat effectus and her Appeal is gone as la Widdowes Quarentine is determined when she is once remarried 3. 1. Robbery Of wrong done to the Appellants themselves as Robbery Rape and Maihem If in an Appeal of Robbery Co. 3. Inst f. 227. the Plaintiff omit any of the goods stoln they are forfeit to the King for the favour which the Law persumeth the Plaintiff beareth to the Felon and for that he cannot have restitution for more then is in his Appeal If the Jury find in an Appeal of Robbery for goods 2. E. 3. Cor. 367 368. that the Defendant found them in the High-way in this case the Plaintiff for his false Appeal seeking the blood of the Innocent shall forfeit his goods to the King If any Virgin 2. Rape Widdow or single Woman be ravished she her self may sue an Appeal of Rape prosecute the Felon to death and the Kings Pardon cannot aid him But if a Feme Covert be ravished she cannot have an Appeal without her Husband as appears 8. H. 4.21 If a Feme Covert be ravished and consent to the Ravisher the Husband alone may have the Appeal 11. H. 4.13 and this by the Stat. of 6. R. 2. c. 6. And the Husband that this Statute speaketh of which may sue the Appeal must be a lawful Husband in Right and possession for He unques accouple en loyal Matrimony is a good Plea against him An Appeal of Maihem was brought by one Milles. 3. Maihem and the Maihem was assigned in his shoulder and the Defendant demanded the view and it was said that he should not have it because it was done de son tort demesue 21. H. 7.23 b. also it was said that Surgeons may heal and cure him and although he shall be tryed by Inspection of the Court or by Chirurgeons it was held be it one way or other it is peremptory for him c. It was held by all the Justices of the Kings Bench 21. H. 7.40 a. that in an Appeal of Maihem if the Defendant pray that the Maihem may be examined if the Justices or Surveyors which they require be in doubt whether it be a Maihem or not the Judges may refuse the examination and compel the Party to put it upon the Country Thus much of wrong done to the Appellants themselves I shall conclude this Learning touching Appeals with these Queries Qu. 1. Whether all Appeals ought to be sued in proper Person Resp It is answered that all Appeals are to be sued in proper Person and not by Attorney 21. E. 4.72 73. as Appeal of Maihem must be in proper Person A Woman which was Grossement euseint The Womans Lawer lib. 5. sect 2. sued this Appeal and the Defendant was attainted the Womans Appearance was recorded for the whole Terme and yet by the better opinion she might not pray Execution by her Councel but ought to come in proper person therefore one of the Judges did ride to Islington to her to see if she were alive and desired Execution which she required and the Defendant had Judgment Qu. 2. Whether an Appeal may be commenced more then one way Resp It is answered that Appeals are commenced two wayes either by Writ or by Bill 1. By Writ when a Writ is purchased out of the Chancery by one Man against another commanding him that he shall appeal a third Man of some felony or other offence by him committed and to find Pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded 2. By Bill when a Man of himself giveth his Accusation of another Man in Writing to the Sheriff or Coroner and taketh upon himself the burthen of appealing him that is named in the said Writing And note that there is a diversity worthy of observation betwixt an Appeal by Bill and by Writ for in the Appeal by Original Writ both principals and accessories Co. 2. Inst f. 183. are generally charged alike without any distinction who be principals and who be accessories but otherwise in the Appeal by Bill Thus much of the Accusation by way of Appeal I proceed now to speak of the other kind of Accusation viz. by Indictment Indictment cometh of the French word Enditer Indictment Co. Litt. f. 126. b. and signifieth in Law an Accusation found by an Enquest of 12 Men or more upon their Oaths and the Accusation in Latin is called Indictamentum And as the Appeal is ever the Suite of the Party so the Indictment is alwayes the Suite of the King and as it were his Declaration For the clearer understanding of Indictments take these following Rules That there be words so appropriated to offences criminal Reg. 1. that they cannot be Legally by any other words or Periphrasis The word Rapuit Rape in an Indictment of Rape must be used for carnaliter cognovit eam or the like will not serve Co. Lit. 124. a. Co. 2. Inst 180. Cro. 2. part Fitzwilliams Case An Indictment Murder Quod felonice ex malitia sua praecogitata occidit such a one without saying Murdravit is no Indictment for Murther although these words Tantamount Cro. 3. part Fitzwilliams Case Co. l. 4. Brookes Case 39. b. 8. E. 6. Dyer 69. a. 304. b. No Indictment can be of High treason High treason without this word proditorie Co. 3. Inst f. 15 4. In an Indictment of Maihem Maihemavit cannot be expressed by any word Maybem as mutilavit truncavit or the like Co. Litt. 126. b. The word Felonice Felony must be used in all Indictments of Felony and cannot be expressed by any other word Co. Litt. 391. a. False Latine shall not quash an Indictment if the word be sensible Reg. 2. Co. leb 5. Lowes Case It is moved in Arrest of Judgment that an Indictment was not good being fecerunt Cro. 〈◊〉 part Cholme leges Case whereas it was found only Billa vera against one sed non allocatur Because it was exhibited against two and it is but false Latine Misrecital of a Statute Reg. 3. being fatal in Indictments the sure way is to draw the Indictment with conclusion contra formam Statati and with no Recital of the Act. Co. l. 4. 48. a. Every Indictment ought to have the Addition of the Party indicted Reg. 4. and his place of Abode Cro. 2. part Reads Case and Johnsons Case 610. In all Cases of death the word percussit Reg. 5. ought to be used except in case of poysoning Co. lib. 5. Longs Case Where a Man indicted is not convicted Reg. 6. or acquitted he may be arraigned upon a new Indictment Cro. 3. part Withipools Case Where the substance of the Indictment Reg. 7. Co. Litt. f. 282. a. lib. 9. Mackaleyes Case no matter for circumstances As if A. be indicted of murder
Appeal and upon an Indictment for in the case of an Appeal of death or other felony Co. Litt. 390. b 13. a b. Process being awarded against the Defendant and hanging the Process the Defenfendant conveyeth away the Land and after is outlawed the conveyance is good and shall defeat the Lord of his Escheat But if a Man indicted of felony and hanging the Process against him he conveyeth away the Land and and after is outlawed the conveyance shall not in that case prevent the Lord of his Escheat For in the case of the Appeal the Writ containeth no time when the felony was committed and therefore the Escheat can relate but to the outlawry pronounced but the Indictment contriveth the time when the felony was committed and therefore the Escheat upon the outlawry shall relate to that time But note that in case of an Indictment there is also a difference observed for as hath been said it shall refer to the time alledged in the Indictment for avoiding of Estates Charges and Incumbrances made by the Felon Co. Litt. 390. b. Plowd Com. f. 488. b. after the perpetration but for the mean profits of the Land it shall relate only to the Judgment as well in the case of outlawry as in other Cases There is a Question raised in the Case betwixt Grosse and Gayer viz. Whether an Attainder to a praemunire Cro. 3. part f. 172 173. shall have relation to the offence for the forfeiture of his Lands or only to the time of the Judgment pronounced But the Judges did give no Resolution of it being a point of difficulty Note Perkins sect 29. All the Attainders as to Goods and Chattels shall have relation but unto the Judgment given so that a gift c. made of such Goods by a Felon before the Judgment is good Touching Alienations by a Criminal the Civil Law says thus Post contractum capitale Crimen donationes factae non valent ex constitutione Divorum Severi Antonini D. 39.5.15 Si quis mortis causa donaverit D. 39.6.7 poena fuerit capitis affectus removetur donatio ut imperfecta quamvis caeterae donationes fine suspitione poenae factae valeant Having shew'd the Law touching Alienations I shall present to the Reader 's view the things imply'd at this day both in the Judgment of Treason and Felony 1. In the Judgment of High Treason In the Judgment relating to Crimen laesae Majestatis is imply'd at this day First Co. 3. Inst 211. Co. 3. Inst 19. 26. H. 8. c. 13.33 H. 8. c. 20.5 6. E. 6. c. 11. the forfeiture of all the Traitors Mannors Lands Tenements and Hereditaments in Fee simple or in Fee Tayle of whomsoever they be holden Also of Rent-Charges Rents seck Commons Corodys and other Hereditaments which are not holden for in case of High treason the Tenure is not material Also of Uses 33. H. 8. c. 20.5 E. 6. c. 11. Co. lib. 7. Inglefields Case Conditions unless inseparably knit to the Person of Rights of Entry of Lands in the Right of the Wife during the Coverture of the profits of Land which the delinquent hath for life during his life of trusts in Chattels Reals but not of Freehold Cro. 2. part f. 512. Pl. 23. vid. Andersons Reports Inglefeilds Case Co. lib. 12. f. 6. Dyer 288. b 289. a. Note that Rights of Actions where the Entry is taken away are not forfeitable Secondly his Wife to lose her Dower Thirdly he shall lose his Children for they become base and ignoble Fourthly he shall lose his Posterity for his Blood is stained and corrupted and they cannot inherit to him or any other Ancestor Fifthly all his Goods and Chahttels are forfeited c. and reason is says Coke his Body Lands Coods Posterity c. should be torn pulled asunder and destroy'd that intended to tear and destroy the Majesty of Government 2 In Judgement of Felony A felon impliedly is punished in these particulars 1. Co. Litt. f. 41. a. 392. a b. Co. 3. Iust 47. He doth lose his Children that they shall become base and ignoble 2. He shall lose his Posterity for his blood is stained and corrupted that they cannot inherit unto him or any other Ancestor 3. He shall forfeit all his Lands and Tenements which he hath in Fee and which he hath in taile during his life 4. All his Goods and Chattels Note that before the Stat. 1. E. 6 c. 2 5. E. 6. c. 11. the Wife of a Person attainted of Misprision of treason Murder or Felony losed her Dower but since she is dowable by these Statutes Hitherto of the Judgment or Sentence it self In doing of Execution 3. Execution of the Judgment pronounced both in Treason and Felony two things are worthy of the Reader 's notice Co. 3 Inst f. 52.211.212 1. That it be done by the right Officer as the Sheriff or Marshal for if any other execute offendours it is felony Execution must be made by the Sheriff or Marshal according to the Judgment for it is a maxime in the Law of England Non alio modo puniatur quis quam secundum quod se habeat Condemnatio Punishment may be avoided or escaped 4. Of the means by which the Judgment or Execution may be avoided in part or in all in part or totally either 1. By the means of Justice as By Writ of Error or Falsifying the Attainder 2. By the means of Mercy as By the Kings Pardon or By Restitution of these in their order 2. Of Writs of Error If the Judgment be erronious both the Judgment and Execution thereupon and all the former proceedings shall be reversed by Writ of Error but if the the former proceeding and the Execution be erronious the Execution only shall be reversed 2. Of Falsifying Attainder To falsify in Legal understanding is to prove false that is to avoid Co. 3. Inst f. 210. or to defeat the Attainder in Latin Falsare seu falsificare falsum facere Wheresoever the Judgment is void or coram non Judice Co. 3. Inst f. 231. the party is not driven to his Writ of error but may falfify the â—ttainder by Plea shewing the special matter which proveth it void or coram non Judice In which case the Party forfeiteth neither Lands nor Goods If a Man committeth Treason or felony and is thereof attainted in due form of Law and after this Treason or Felony is pardoned by a general Pardon hereby the foundation is self viz. Treason or Felony being by Authority of Parliament is discharged pardoned Dyer 20. Eliz 135. Co. Lib. 6. f. 13 14 in Arundels Case the Attainder being builded thereupon cann't stand but may be satisfy'd and avoided by Plea for he hath no other Remedy by Writ of error or otherwise If A be indicted before the Coroner for the death of another and that A fled for the same hereby are all the Goods and
for those against whom the Recovery and Execution is had to have Contribution 4. That there shall be no penalty where any of the offenders be apprehended 5. The Suit shall be commenced within one year next after such perpetration or Robbery or else the Person or Persons robbed shall not take any benefit by vertue of any of the said former Laws or Statutes 6. That the Party robbed must give notice and intelligence of the Robbery committed unto some of the Inhabitants of some Town Village or Hamlet near unto the place where any such Robbery shall be committed 7. That the Party robbed shall not have any Action upon any of the Statutes aforesaid except he shall first within twenty days next after such Action to be brought be examined upon his Corporal Oath before some Justice of Peace of the County where the robbery was committed whether he doth know the Parties that committed the Robbery or any of them and then shall become bound to prosecute the offenders Having given a summary of these Statutes upon Hue and Cry I shall present to the Reader several Resolutions given at the Courts of Westminster upon the Statute of Winchester and the Stat. of 27. Eliz. The former you must kow gives penalty and Remedy the latter shews how the Examination shall be and in what time before the Action brought 1. Resolves on the Stat. of Winton A Robbery for which the hundred must answer by force of the Statute of Winton Co. Lib. 7. Sendills Case f. 6. is to be done openly so as the Country may take notice thereof themselves but a robbery done secretly in the House the Country cannot take notice thereof for every one may keep his house as strong as he will at his peril for it was adjudged in Ashpoles Case that the Party robbed needed not to give notice thereof to the Country for it may be the Party robbed was bound or Maimed c. so as he could not make Hue and Cry to give notice A Robbery was done in January presently after the Sun-setting during day light Ibidem and it was adjudged that the hundred shall answer for the same for it was convenient time for Men to travel or to be about their Business A Robbery was done in the Morning Co. Lib. 7. Milbornes Case ante lucem the hundred shall not be charged It was held by Anderson and all the Justices that whereas the Stat. of Winchester speakes of Robberies done in the day Cro. 1. part Ridgeley v. Hundred of Warrington 70. before night yet if a Robbery be committed in the Morning before day or in the Evening after the day in any time of the night in which Men use commonly to travel that the hundred is answerable for it but if it be at twelve or one of the Clock in the night at which time every one is intended to be in bed the hundred is not answerable for the Robbery The Jury found Cro. 2. part May v. Inhabitants of Hundred de Morley 106. that the Robbery was done post lucem ejusdem diei ante Solis ortum Anglice After day-break and before Sun-rising and upon this the Court advised and Judgement was given for the Plaintiff and a President shewn Pasch 28. of Eliz. Rot. 130. where the Robbery was done post occasum Solis per diurnum lumen Anglice day light and there adjudged for the Plaintiff If an house be robbed in the day and the Felons escape Cro. 1. part Anoâ—ymus 753. Hue and Cry being made whether the hundred shall answer for that Robbery by the Stat. of Winton Gawdy and Popham conceived that the hundred shall not be charged For the Stat. of Winton extends only to Robberies done to the Person And was principally made for safeguard of travellors But every one ought to keep his own house at his peril for it is his Castle and no other ought to meddle there therefore it is not reason that any should be charged if he be robbed there Robbery done on a Sunday shall be chargeable to the Country Cro. 2. part Wait v. Hundred of Stoke f. 496. 2. Resolves on the Stat. of 27. Eliz. By the Stat. of 27. Eliz. c. 13. none shall have Action upon the said Statute Co. Lib. 7. f. 6. Sendils Case except the Parties robbed so soon as he may give notice of the same to any of the Inhabitants of any Village Town or Hamlet next to the place where the Robbery was done and if they in pursuit apprehend any of the offenders that will excuse the Town Action upon the Statute of Winton Cro. 1. part Greens case f. 142. for that one Brook his Servant was robbed and alledges that the Plaintiff himself came before a Justice of Place and was sworn according to the Stat. of 27. Eliz. And after Verdict it was alledged in Arrest of Judgement that the Servant was to be sworn and not the Master and so was the opinion of the Court For the Servant might know the Persons when the Servant was robbed and the Master was not in company and the Intent of the Stat. is that he that had notice shall be sworn and thereupon Judgment was staid Action upon the Stat. of Winton Cro. 3. part Reymond v. Hundred de Oking 37 38. whereas one Palmer the Plaintiffs Servant was robbed within the hundred of 68 pounds by Persons unknown and had made Hue and Cry according to the Stat. and one of the Thieves were taken and the said Palmer had made oath before such a Justice of Peace of the said County next adjoyning to the said hundred within 20 daies before this Action brought that he did not know any of the Parties who robbed him that the said hundred had not made him any recompense And upon Not-guilty pleaded and tryed at the Bar this Terme and found for the Plaintiff it was moved in Arrest of Judgment that this Action lyes not because the Plaintiff himself was not sworn that he knew not any of the Parties who did the Robbery for it is not sufficient that the Servant who was robbed was sworn for by the Statute of 27. Eliz. the Party who brings the Action ought to make that Oath and it was argued that the Servant who was robbed ought to have brought the Action and then his Oath would have been sufficient But when the Master brings the Action he himself ought to be sworn that he knew not any of the Robbers otherwise he might not bring it and therefore the Action lyes not But it was resolved by the Court that the Action well lyes for the Master and that the Servants Oath was sufficient for it is properly in his notice that he was robbed and did not know any of the Robbers and the Master knows it not that he was robbed or who were the Persons but by the report of his Servant and it would be inconvenient if the Master should not bring the Action but the Servant might release or compound or discontinue
the Suit and so the Master should have the loss by his falshood therefore the Master shall bring the Action and have his Servant who was robbed be his witness whereupon it was adjudged for the Plaintiff Action upon the Stat. of Hue and Cry supposing that he was robbed in such a High way in divisis Hundredorum Cro. 2. part Foster v. Inhitantes Hundredorum de Spehar f. 675. and that he gave notice thereof to the Inhabitants of the Hundred near to the Place where he was robbed After Verdict for the Plaintiff it was moved in Arrest of Judgment that this declaration is not good because he doth not shew that the High way is within any Hundred And in truth it out to be given to the Inhabitants of both Hundreds and so be divers Presidents that notice was given in the other Hundred to the Inhabitants of that hundred Sed non allocatur wherefore it was adjudged for the Plaintiff Hue and Cry made in the next Vill adjoyning though it were in another County Cro. 3. part Tutter v. Inhabitants of Daccorar is good enough for a Stranger cannot know the division of Countys Vide Cro. 3. part Merrik v. Hundred de Rapesgate 379. Action upon the Stat. Co. 2. part Andrews v. Hundred of Lewknour 187. of Winton of Hue and Cry and shews in his Count the said Statute and that such a day he was robbed of so much within that Hundred and that he made Hue and Cry and shews according to the Statute of 27. Eliz. And that within 40 days before the Action brought he was sworn before such a Justice of Peace that he was robbed of so much and did not know any of the Felons that as yet the Defendants had not taken any of the Felons nor satify'd him contra formam Stat. praedict unde Actio accrevit After Verdict for the Plaintiff it was moved that this Declaration was not good because the Action is founded upon two Statutes and both mentioned in the Declaration yet he concludes contra formam Statuti praedicti which is not good and the Court thereupon doubted and appointed Presidents to be searched and after divers Presidents of this Court and the Common Bench shewn unto them wherein some were Contra formam Stat. praedicti and some Statutorum praedictorum And the Court held that the best forme was Statuti praedicti For the Action was grounded only upon the Statute of Winton which gives penalty and remedy the other shews only how the Examination shall be and in what time before the Action brought otherwise he shall not have the Action and Statuti praedicti refers only to the Stat. of Winton which gives the Action therefore the best form to declare is Contra formam Statuti praedicti Thus much of the Satutes touching Hue and Câ—y FINIS THE TABLE A. Accessories IN what offences Accessories may be and in what not 123 The several sorts of Accessories 124 Accessories by the Common Law what 124 125 Accessories by Statute Law what 125 126 Where the Common Law or Statute Law makes a Felony Accessories are still included 126 Rules touching Accessories Id. Where an Accessory cannot be guilty of Petit-Treason when the principal of Felony Id. Where the Accessory shall not be tried if the Principal hath his Clergy or be pardoned 126 127 Writing of Letters in favour of a Felon will not make the Party an Accessory 129 Instructing a Felon to read will not make an Accessory 129 Perswading Witnesses not to appear will not make an Accessory 129 Quaeries touching Accessories 128 129. c. Affrays The derivation of the Word Affray and the diversity betwixt it and an Assault 106 The punishment of an affray 103 What persons are bound to part Affraies 103 The punishment of those that refuse to part Affraies 103 104 Affraies inquirable in Leetes 106 Appeals The Description and Derivation of an Appeal 136 Who may and who may not Appeal accuse c. 121 Where the Wife shall have an Appeal of the death of the Husband and where not 137 138 Where the Wife shall have an Appeal and yet not be endow'd and e converso Ibid. The true reason why the Wife hath an Appeal de Morte Viri 138 139 She ought to be Sole and unmarried that brings an Appeal 138 The taking of a second Husband after Judgment and before Execution hinders the Execution of the Judgment 138 An Appeal ought to be sued in proper Person 140 141 Appeals how many ways commenced 141 A Diversity betwixt an Appeal by Bill and by Writ Ib. Approver Who may and who may not be an Approver 123 His Description Ib. Where none can be an Approver upon an Appeal 122 Where a Man appealed by an Approver and thereupon kept in prison may be Bailed by good Sureties given 122 Assemblies Assemblies unlawful how dangerous in former times 110 Arraignment Arraignment of a Prisoner what 149 The manner of Arraigning of a delinquent 149 Attainder Where a Man attainted shall be liable to Arrests and Executions for debt 151 152 A Diversity betwixt an Attainder and an Entry into Religion 152 A diversity betwixt purchasing of Lands before and after an Attainder Ib. A Person attainted after a Pardon may have an Action of Battery c. done before the Pardon granted Ib. The several sorts of Attainders 153 A difference betwixt a Person attainted and convicted Ib. Where upon an Attainder of Felony in an Appeal the Defendant shall forfeit no Lands but those he had at the time of Outlawry pronounced secus in an Indictment Ib. Attainders as to Chattels shall relate but unto the Judgment pronounced 154 Battery What it is 50 Who may chastise and correct in a moderate manner Ib. Where a Man may return blows in his own defence or in the defence of another 51 Where a Man may not return or give any blows in his own defence Id. Bribery Bribery what 94 It may be committed though no Suit depending in foro contentioso 94 95 It may be committed by one that is a Judicial Officer in the Ecclesiastical Court 95 Difference betwixt it and Extortion 97 Burglary The Etymology and definition of it 64 65 What shall be said an entry into breaking of an House to make it Burglary Ib. Where it shall be Burglary though but one doth enter Ib. Where a Man may commit Burglary though he breaketh not the House 65 66 What shall be said a Mansion House the breaking whereof makes it Burglary 66 67 A Chamber of Innes of Court or Chancery is a Mansion House 67 To break an House to the intent to beat another not Burglary 68 House breaking 68 69 70 Burning of Houses It s Description 72 What shall be said Burning of Houses to make make it Felony 73 Where the Burning of an House without an intent to do it shall be Felony and wheren ot Ib. The Burning of a Man 's own Houses is no Felony 73 74 Causes Criminal Why Causes Criminal are called
2 Petit Treason What it is 3 How many ways it happens 3 4 What may be said Petit Treason in a Servant 4 Execution of a Servants Act hath a retrospection to the Original cause Ib. What may be said Petit Treason in a Wife 5 Parricide whether Petit Treason or not 6 7 Poyson How many ways a Man may be poysoned 35 36 Piracy The Etymology of the word Pirat 70 71 Piracy where antiently Treason where not Ibid. It alters not property unless it be in Market overt Ib. Where there shall be no corruption of blood in case of piracy 71 72 Where a Pardon of all felonies shall not extend to Piracy Ib. Punishment It s definition 113 The true end thereof 114 It s several sorts in our Law in the Jewish and Romane Laws 114 115 116 117 Circumstances observable relating to punishments 120 Principals In Treason all are principals 123 Rules touching principals Ib. Where a Man may be principal though he be not present at the Act. Ib. Where a Man may be principal as well before as after though he be absent at the doing of the fact 124 Where the being present and abetting an offence makes all principals though the offence be personal Ibid. Where the Attainder of an Accessary depends upon the Attainder of the principal 128 Pain Fort Dure In what cases a Man that stands mute shall have Judgement of Pain Fort and Dure and in what not 150 Where the Judgement of Pain Fort and Dure shall be no Plea to a former felony 146 Pardon The Description and Etymology of it 158 159 How many sorts of Pardons there be Ib. Where a Writ of Allowance is necessary to a Pardon and where not Ib. 160 Rape c. 83 84 Riots The Description of a Riots and its derivation 101 Stat. touching Riots Ibid. What number of Persons may commit a Riot a Rout ad unlawful Assembly 103 Robbery It s definition 60 The Difference betwixt a Robber and a Cut-purse 63 What shall be a taking in case of Robbery and what shall be said a taking from his Person 63 64 65 The Thieves reception only may make a Robbery 64 Routs The description of a Rout. 98 The difference between a Levying of War and committing a great Rout c. 100 101 Rumours The punishment before the Conquest and what since of those that are authors of false Rumours 110 They were heretofore very dangerous to our Kingdom Ib. Se Defendendo What Homicide se defendendo is 44 Where a Man ought to give back to prevent Homicide where not 45 46 Sacrilege 68 69 70 Striking in the Kings Court. A diversity betwixt a stroke in or before the Courts of Justice and the Kings Courts where His Royal Person resideth 99 Where to strike in Westminst Hall or the Kings Palace is a great Misprision the punishment of it 97 98 Theft The Etymology of the word Furtum 55 Its Definition Ib. Forbidden by the Law of Nature Ib. The several sorts of Theft Ib. Treason It s derivation and how divided 3 Violation of Royal Majesty a most abominable thing 75 76 To compasse or imagine the death of the King High Treason 76 What are sufficient overt Acts to prove the imagination of the Kings death Ib. 77 In every rebellion by Interpretation of Law there is a machination against the Life of the King 77 A diversity betwixt Treason and Felony 78 Where words or Writing are sufficient overt Acts of Compassing the Kings death Ibid. Where words may make a Heretique but not a Traytor 80 No words are Treason unless made so by some particular Statute Ib. No Treason at this day but what is made by the Stat. of 25 E. 3. Where to set a figure to know how long the King shall live or Reign is no Treason Ib. Where to practise to depose the King to imprison him or to take him into their power shall be Treason 76 77 The compassing or imagining the death of the Queen or Prince is High Treason 81 Where slaying the Chancellor c. shall be High Treason Ib. Carnal knowledge of the Kings Consort the Kings Eldest Sons Wife or of the Kings Eldest Daughter Treason Ib. What shall be said Levying of Wartomake it Treason 82 83 To go in Warlike manner with a multitude to assault a Privy Councellor at his House is Treason Ibid. The breaking of a Prison wherein Traitors be in Durance and causing them to escape is High Treason though the Parties did not know there were any Traitors there Ib. There must be Levying of War de facto to make it Treason Ib. What shall be said an adhering to the Kings Enemies to make a Treas within the Stat. of 25. E. 3. 83 84 Where a conspiracy with a Foreign Prince shall be Treason and where not 84 85 The aiding and succouring a Rebel beyond Seas is no Treason Ibid. Who shall be said Enemies and who Traitors Ibid. To counterfeit the Great-Seal or Mony is Treason Ib. Forging the Kings Coyn without uttering it is High Treason 85 86 Bringing into the Realm counterfeit Coyn High Treason 87 By the Antient Law a Mad-Man might be guilty of High Treason 88 Where a Non compos mentis cannot be guilty of High Treason at this day Ib. What Aliens may commit Treason Ib. Where the killing of an Embassador was adjudged High Treason 89 An Embassador shall loose the Priviledges of an Embassador for committing High Treason Ib. A Foreign Prince by residing here may commit Treason 90 91 The Judgement in Treason for Counterfeiting Mony 86 Verdict The signification and derivation of the word 133 Several kinds of Verdicts Ibid.