or make payment in deceit of our said Lord the King and of his People 7. And if a Man Slay the Chancellor Treasurer or the Kings Justice of the one Bench or the other Justices in Eyre or Justices of Assize and all other Justices Assigned to Hear and Determine being in their Places doing their Offices 8. And it is to be understood that in the Cases above rehearsed that ought to be judged Treason which extends to our Lord the King and of his Royal Majesty 9. And of such Treason the Forfeiture of the Escheats pertaineth to our Lord as well of the Lands and Tenement holden of other as of himself 10. And moreover there is another manner of Treason that is to say when a Servant slayeth his Master or a Wife her Husband or when a Man Secular or Religious slayeth his Prelate to whom he oweth Faith and Obedience 11. And of such Treason the Escheats cught to pertain to every Lord of his own Fee 12. And because that many other like Cases of Treason may happen in time to come which a man cannot think nor declare at this present time it is Accorded That if any other Case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason till the Cause be shewed and declared before the King and his Parliament whether it ought to be judged Treason or other Felony 13. And if percase any Man of this Realm Ride Armed covertly or secret with Men of Arms against any other to Slay him or Rob him or Take him or Retain him till he hath made Fine or Ransome for to have his deliverance it is not the mind of the King nor his Council that in such Case it shall be judged Treason but shall be judged Felony or Trespass according to the Laws of the Land of old time used and according as the Case requireth 14. And if in such Case or other like before this time any Justices have judged Treason and for this cause the Lands and Tenements have come into the Kings hands as forfeit the chief Lords of the Fee shall have the Escheats of the Tenements holden of them whether that the same Tenements be in the Kings hands or in others by Gift or in other manner 15. Saving always to our Lord the King the Year and the Waste and the sorfeitures of Chattels which pertain to him in the Cases above named 16. And that the Writs of Scire Facias be granted in such Case against the Land-Tenants without other Original and without allowing any Protection in the said Suit 17. And that of the Lands which be in the Kings hands Writs be granted to the Sheriffs of the Counties where the Lands be to deliver them out of the Kings hands without delay The Comment TReason is derived from Trabir which signifies Treacherously to betray when it concerns the Government and the Publick 't is called High Treason but against particular Persons as a Wife killing her Husband a Servant his Master c. it is Petty Treason High Treason in the Civil Law is called Crimen Laesae Majestatis a Crime wronging Majesty but in our Common-Law-Latine Alta proditio and in an Indictment for this offence the word Proditorie must be in Before the making this Act so many things were charged as High Treason That no Man knew how to behave himself Now by this Statute the particulars of that Grand Crime are reckoned up and all others excluded till declared by Parliament And the settling of this Affair was esteemed of such Importance to the Publick-Weal That the Parliament wherein this Act passed was called long after Benedictum Parliamentum the Blessed Parliament The substance of this Statute is branched out by my Lord Cook 3d. part of Instit. Fol. 3. into six Heads viz. The first concerning Death by compassing or imagining the death of the King Queen or Prince and declaring the same by some Overt Deed. By killing and murdering of the Chancellor Treasurer Justices of either Bench Justices in Eyre Justices of Assize Justices of Oier and Terminer In their Places doing their Offices The second is to Violate that is to Carnally know the Queen the Kings Eldest Daughter unmarried the Princes Wife The third is Levying War against the King The fourth is Adhering to the Kings Enemies within the Realm or without and declaring the same by some overt Act. The fifth is Counterfeiting of the Great the Privy Seal or the Kings Coin The sixth and last by bringing into this Realm Counterfeit Mony to the likeness of the Kings Coin Now as to the particular Exposition of the several parts of this Statute 1. When a man doth compass c. in the Original it is Quant Home which extends to both Sexes but one that is Non compos mentis or an Infant within the Age of discretion is not included but all Allens within the Realm of England being thereby under the Kings Protection and owing a Local Allegiance if they commit Treason may be punisht by this Act but otherwise it is of an Enemy 2. To compass and Imagine Is to contrive design or intend the death of the King but this must be declared by some Overt Act. But declaring by an open Act a design to Depose or Imprison the King is an Over Act to manifest the compassing his death For they that will depose their King will not stick to Murder him rather than fail of their end and as King Charles the First excellently observed and lamentably experienced There are commonly but few steps between the Prisons and the Graves of Princes 3. By the word King is intended 1. A King before his Coronation as soon as ever the Crown descends upon him for the Coronation is but a Ceremony 2. A King de Facto and not de Jure is a King within this Act and a Treason against him is punishable thô the Right Heir get the Crown 3. A Titular King as the Husband of the Queen is not a King within this Act but the Queen is for the word King here includes both Sexes 4. What is to be understood by the Kings Eldest Son and Heir within this Act I answer 1. A second Son after the death of the first Born is within the Act for he is then Eldest Secondly The Eldest Son of a Queen Regnant is as well within the Statute as of a King Thirdly The Collateral Heir Apparent or Presumptive is not within this Statute Roger Mortimer Earl of March was in Anno Dom. 1487. 11 Rich. 2. Proclaimed Heir Apparent Anno 39. Hen. 6. Richard Duke of York was likewise Proclaimed Heir Apparent and so was John de la Poolen Earl of Lincoln by Rich. 3. And Henry Marquess of Exeter by King Henry the 8. But none of these or the like are within the Purview of this Statute saith my Lord Coke 3 Instit fol. 9. 5. Note Whereas in the Printed Statute-Books it is there
mean-time her reasonable Estovers of the Common 5. And for her Dower shall be Assigned unto her the third part of all the Lands of her Husband which were his during Coverture except She were endowed of less at the Church door 6. No Widow shall be distrained to Marry her self Nevertheless She shall find surety that She shall not Marry without our License and Assent if She hold of Us nor without the Assent of the Lord if She hold of another CHAP. VIII How Sureties shall be charged to the King WE or our Bailiffs shall not seize any Land or Rent for any Debt as long as the present Goods and Chattels of the Debtor do suffice to pay the Debt and the Debtor himself be ready to satisfie therefore 2. Neither shall the Pledges of the Debtor be distrained as long as the principal Debtor is sufficient for the payment of the Debt 3. And if the principal Debtor fail in the payment of the Debt having nothing wherewith to Pay or will not pay where he is able the pledges shall answer for the Debt 4. And if they will they shall have the Lands and Rents of the Debtor untill they be satisfied of that which they before payed for him except that the Debtor can shew himself to be acquitted against the said Sureties CHAP. IX The Liberties of London and other Cities and Towns Confirmed THe City of London shall have all the old Liberties and Customs which it hath been used to have Moreover we Will and Grant that all other Cities and Borroughs Towns and the Barons of the five Ports and all other Ports shall have all their Liberties and free Customs CHAP. X. None shall distrain for more Service than is due NO man shall be distrained to do more Service for a Knights Fee nor for any Freeholder than therefore is due CHAP. XI Common-Pleas shall not follow the Kings Court. COmmon-Pleas shall not follow our Court but shall be holden in some place certain CHAP. XII Where and before whom Assizes shall be taken Adjournment for Difficulty ASsizes of Novel Dissâ—isin and of Mortdancester shall not be taken but in the Shires and after this manner If we be out of this Realm our Chief Justicers shall send our Justicers through every County once in the Year Which with the Knights of the Shire shall take the said Assizes in those Counties 2. And those things that at the coming of our foresaid Justicers being sent to take those Assizes in the Counties cannot be determined shall be ended by them in some other place in their Circuit 3. And those things which for difficulty of some Articles cannot be determined by them shall be referred to our Justicers of the Bench and there shall be ended CHAP. XIII Assizes of Darrein Presentment ASsizes of Darrein Presentment shall be always taken before our Justicers of the Bench and there shall be determined CHAP. XIV How men of all sorts shall be amerced and by whom A Free-man shall not be amerced for a small fault but after the manner of the fault And for a great fault after the greatness thereof saving to him his contenement 2. And a Merchant likewise saving to him his Merchandize 3. And any others Villain than ours shall be likewise amerced saving his Wainage if he fall into our mercy 4. And none of the said amerciaments shall be Assessed but by the Oath of honest and lawful men of the Vicinage 5. Earls and Barons shall not be amerced but by their Peers and after the manner of their offence 6. No man of the Church shall be 〈…〉 after the quantity of his Spiritual Benefice but after his Lay-tenement and after the quantity of his offence CHAP. XV. Making of Bridges and Banks NO Town nor Freeman shall be distrained to make Bridges nor Banks but such as of old time and of right have been accustomed to make them in the time of King Henry our Grandfather CHAP. XVI Defending of Banks NO Banks shall be defended from henceforth but such as were in defence in the time of King Henry our Grandfather by the same places and the same bounds as they were wont to be in his time CHAP. XVII Holding Pleas of the Crown NO Sheriff Constable Escheator Coroner nor any other our Bayliffs shall hold Pleas of our Crown CHAP. XVIII The Kings Debtor dying the King shall be first paid IF any that holdeth of Us Lay-fee do dye and our Sheriff or Bayliff do shew our Letters Patents of our Summons for Debt which the Dead man did owe to us It shall be lawful to our Sheriff or Bayliff to Attach and Inroll all the Goods and Chattels of the Dead being found in the said Fee to the value of the same Debt by the sight and testimony of lawful men So that nothing thereof be taken away until we be clearly paid off the Debt 2. And the residue shall remain to the Executors to perform the Testament of the Dead 3. And if nothing be owing to Us all the Chattels shall goe to the use of the Dead saying to his Wise and Children the Reasonable parts CHAP. XIX Purveyance for a Castle NO Constable nor his Bayliff shall take Corn or other Chattels of any man if the man be not of the Town where the Castle is but he shall forthwith pay for the same unless that the Will of the Seller was to respite the payment 2. And if he be of the same Town the price shall be paid unto him within forty days CHAP. XX. Doing of Castle Ward NO Constable shall distrain any Knight for to give money for keeping of his Castle if he himself will do it in his proper person or cause it to be done by another sufficient man if he may not do it himself for a reasonable cause 2. And if we do lead or send him in an Arms he shall be free from Castle-ward for the time that he shall be with Us in Fee in our Host for the which he hath done Service in our Wars CHAP. XXI Taking of Horses Carts and Woods NO Sheriff nor Bayliff of ours nor any other shall take the Horses or Carts of any man to make Carriage except he pay the old price limited that is to say for Carriage with two Horse 10 d. a day for three Horse 14 d. a day 2. No demesne Cart of any spiritual Person or Knight or any Lord shall be taken by our Bayliffs 3. Nor we nor our Bailiffs nor any other shall take any mans Wood for our Castles or other our Necessaries to be done but by the License of him whose the Wood is CHAP. XXII How long Felons Lands shall be holden by the King WE will not hold the Lands of them that be be Convict of Felony but one Year and one day and then those Lands shall be delivered to the Lords of the Fee CHAP. XXIII In what place Wears shall be put down ALL Wears from henceforth shall be utterly put down by Thames and Medway and through all
shall be tryed for any Offence against this Act by his Peers but if Convicted shall be disabled to sit in Parliament during Life And thus much for what is Treason at this day By the Statute of 1 and 2 Phil. and Mar. cap 10. All Trials for Treason shall be only according to the Course of the Common Law And though the greater part of that Statute being Temporary be expired yet this Clause is still in Force The Judgment in all Cases of High Treason except for Counterfeiting Coin for a man is That he shall be drawn on an Hurdle or Sledge to the place of Execution and there be Hanged by the Neck to be cut down being yet alive his Privy Members cut off his Bowels ript up taken out and burnt before his face his Headsevered from his Body his Body divided into four Quarters which are to be disposed of as the King shall order But for Counterfeiting Coin only Drawn and Hanged And in both Cases for a Woman for Modesty sake it is only that she shall be Burnt The reasons or signification of this horrid Judgment on a man for Treason are thus by some rendred and Interpreted 1. He is drawn on a Sledg or Hurdle on the ground in the Dirt to shew that his Pride is brought down for Treason commonly springs from Ambition 2. On this Hurdle he is drawn backward to shew that his Actings have been contrary to Order unnatural and Preposterous 3. He is Hanged between Heaven and Earth as unworthy of either 4. He is cut down yet alive and his Privities cut off to shew that he was unfit to Propagate any Posterity 5. His Head is severed from his Body because his mischevious Brain contrived the Treason 6. His Body is divided to shew that all his Machinations and Devices are torn to pieces and brought to nought and into four parts that they may be scattered towards the four Quarters of the World Heading being part of the judgment in Treason the King commonly to persons of Quality Pardons all the rest of the Sentence and so they are only Beheaded But if a person be Attainted of Murder or any other Felony if he be Beheaded 't is no Execution of the Judgment because there the Judgment always is that he be Hanged till he be dead which cannot be altered So that had Count Conning smark lately been Convicted and Condemned for the Murder of Esquire Thynn all his Guinies or his Friends could not have preserved him from the Gallows unless they could have got an intire Pardon Any person being Indicted for Treason may Challenge that is except against or refuse Five and Thirty Jurors peremptorily that is for his pleasure or for reasons best known to himself and without assigning any Cause to the Court But if he Challenge more that is above three full Juries he Forseits his Goods and Judgment of Peinfort dure that is of being pressed to Death shall pass upon him as one that refuseth the Trial of the Law In Cases of Murder and Felony a man cannot Challenge peremptorily above the number of Twenty But with Cause he may except against more And this is by the Stat. of 22. H. 8. cap. 14. And certainly since the Law of England which is a Law of Mercy does in Favour of Life not only order a man to be Tryed by a Jury of his Country and Equals but also allows him to refuse and have Liberty of excepting against so many of those as shall be Impanelled for that purpose It cannot be supposed that the same Law ever intended that the Prisoner should be denyed a Copy of the Pannel of his Jury that so by the Information of his Friends or otherwise he may know their Qualities Circumstances and Inchnations for how else shall he know whom to Challenge peremptorily and whom to Challenge with Cause to allow a man such Liberty of Challenge and give him no opportunity of such Inquiry is but to mock the Prisoner to whom possibly the whole Jury by face and name may be utter Strangers and sure the wisdom of our Laws never thought every Prisoner so skilled in Metoposcopy that meerly by looking on a parcel of men he could tell which of them were indifferent and which biassed against him Another Statute of King Edward the third Anno 2. Edw. 3. cap. 2. In what Cases only Pardon of Felony shall be granted c. ITem Whereas Offendors have been greatly encouraged because the Charters of Pardon have been so easily granted in times past of Man-slaughters Roberies Felonies and other Trespasses against the Peace 2 It is ordained and Enacted that such Charters shall not be granted but only where the King may do it by his Oath that is to say where a man slayeth another in his own Defence or by Misfortune 3 And also they have been encouraged because that the Justices of the Goal-Delivery and of Oyer and Terminer have been procured by great men against the Form of the Statute made in the 27th year of the Reign of King Edward Grandfather to our Lord the King that now is wherein is Contained that Justices Assigned to take Assizes if they be Lay-Men shall make deliverance and if the one be a Clerk and the other a Lay-man that the Lay-Judge with another of the Countrey associate to him shall deliver the Goals 4 Wherefore it is Enacted that Justices shall not be made against the Form of the said Statute 5 And that the Assizes Attaints and Certifications be taken before the Justices commonly Assigned which should be good men and Lawful having knowledg of the Law and none other after the Form if another Statute made in the time of the said King Edward the first 6 And that the Oyers and Terminers shall not be granted but before the Justices of the one Bench or the other or the Justices Errants and that great hurt or horrible Trespasses and of the Kings special Grace after the Form of the Sâ—atute thereof ordained in time of the said Grandfather and none otherwise The Comment Touching this Statute and several others to the same purpose as 14. Edw. 3. cap. 14. and 10. Edw. 3. cap. 2. and 13. R. 2. cap. 1. and 16. R. cap. 6. c. We shall only give you the words of Cook in the third part of his Instit fo 236. What things the King may pardon and in what manner and what he cannot pardon falleth now to be treated of IN case of death of man Robberies and Felonies against the Peace divers Acts of Parliament have Restrained the power of granting Charters of pardons first that no such Charters shall be granted but in case where the King may do it by his Oath Secondly That no man shall obtain Charters out of Parliament Stat. 4. Edw 3. cap 13. And accordingly in a Parliament Roll it is said for the Peace of the Land it would much help if good Justices were appointed in every County if such as be let to mainprize do put
be Indicted for Burglary 7. There is no power given to break Doors for Levying the Penalties therefore let the Constables and Officers be wary what they do in that Case 8. Constables would do well to know and assert the Dignity of their Office they are not to run up and down like Lacquies after the Capricio's of every Justice and spend the Lords day Prophanely in hunting after Meetings if the Justices are upon sufficient Oath Inform'd of a Meeting and will make out a Warrant specifying where it is you 'l goe but to ramble about with them from this place to that you are not obliged no more are you to seize or Imprison persons on the verbal Command of any Justice unless in visible Breach of the Peace but you must have a Warrant specifying the persons Name and Offence before you can lay hold of him or else you may repent it when sued another day for false Imprisonment 9. Since by the Statute of the 29 of Car. 2d. Cap. 7. It is Enacted in these words Provided also that no Person or Persons upon the Lords day shall serve or Execute or cause to be served or Executed any Writ Process Warrant Order Judgment or Decree except in cases of Treason Felony or Breach of the Peace but that the service of every such Writ Process Warrant c. shall be void to all Intents and Purposes whatsoever and the Person or Persons so Serving or Executing the same shall be as liable to the suit of the party grieved and answer Damages to him for doing thereof as if he or they had done the same without any Writ Process Warrant Order Judgment or Decree at all It will concern all Constables and Officers to consider with what safety they can execute any such Warrants at all on the Lords day on peaceable Meetings it being evident that every man they disturb by Colour of such Warrant on that day has by this Statute a good Action against them And so much for Laws against Dissenters In the next place according to our Promise we shall here add an Abstract of the Laws against Popery and Papists and perhaps as 't is said where there are most Laws there are most Offences so here we may say though there be such abundance of Acts of such severe and various Penalties yet there are scarce any sort of Criminals more rarely brought to Conviction or Punishment THE second Refusal of the Oath of Supremacy punisht as High Treason 5 Eliz. 1. To maintain or Extol Authority of the Sea of Rome the second time High Treason 5 Eliz. 1. To obtain or put in Use any Bull from Rome High Treason 13 Eliz. 2. To perswade or Reconcile OR TO BE RECONCILED to the Roman Religion High Treason 23 Eliz. 1. 3 Jac. 4. For Jesuite or Priest made by Authority from the Pope to come into or remain in the Kings Dominions High Treason 27 Eliz. 2. So for remaining in a Seminary six Months after Proclamation and afterward Returning High Treason 27 Eliz. 2. For Concealing of a Bull or other Instrument from Rome or reconciliation offer'd Punisht as Misprision of Treason 13 Eliz. 2. To maintain or conceal those who perswade or are Reconciled to the Roman Religion Misprision of Treason 23 Eliz. 1. To Receive Relieve Comfort Jesuit or Priest knowing him to be such Punisht as Felony 27 Eliz. 2. To go and serve a Foreign Prince having not before taken the Oath of Allegiance and entred Bond not to be Reconciled to the Roman Religion Felony 3 Jac. 4. The first Refusal of the Oath of Supremacy is Punisht as in Case of a Premunire which imports a forfeiture of all Lands and Goods Imprisonment for Life and a Deprivement of the Benefit of Law 5 Eliz. 1. To set forth or defend Power Spiritual in the Sea of Rome Premunire 5 Eliz. 1. To Bring or Receive any Agnus Dei Crosses Pictures or such like from Rome Premunire 13 Eliz. 2. 23 Eliz. 1. To aid any Person who hath put in Use any Bull from the Sea of Rome Premunire 13 Eliz. 2. 23 Eliz. 1. To send or give Relief to any continuing in Colledges or Seminaries beyond Sea Premunire 27 Eliz. 2. Refusal of the Oath of Allegiance upon the second Tender Premunire 3 Jac. 4. 7 Jac. 6. For not Discovering of Priests made beyond the Seas Imprisonment 27 Eliz. 2. Upon Indictment of Recusancy by Proclamation Imprisonment 29 Eliz. 6. Those that are not able or fail to pay their Forfeitures are to be Imprisoned until Payment or Conformity 23 Eliz. 1. Women Covert Imprisoned for Refusal of the Oath of Allegiance 3 Jac. 4. For non-Payment of twelve pence for every Sunday Imprisonment 3 Jac. 4. Women Covert Convicted for Recusancy Imprisoned till her Husband pay ten Pounds a Month or a third part of his Lands 7 Jac. 6. Standing Excommunicated for Recusancy House may be broken up for his Apprehension 7 Jac. 6. Those who shall forbear to come to Church by the space of twelve Months bound to good Behaviour with Surety in the Kings-Bench 23 Eliz. 1. Every Recusant is Confin'd to five Miles Compass for Life 23 Eliz. 2. To ten Miles distant from London 3 Jac. 5. Not to come into the House where the King or his Heir Apparent is 3 Jac. 5. For absence from Church-Service every Sunday twelve pence forfeited 1 Eliz. 2. And for every Holiday twelve pence forfeited 3 Jac. 4. For absence from Common prayer every Month twenty Pounds forfeited 23 Eliz. 1. 3 Jac. 4. For default of payment of twenty Pounds a Month all Goods two parts of Land and Leases forfeited 29 Eliz. 6. 3 Jac. 4. At the Kings Election to take or refuse twenty Pounds a Month or to take two parts of the Recusants Estate 3 Jac. 4. All Copy-hold Lands of Recusants forfeited 25 Eliz. 2. The Forfeitures of the Ancestor charged upon his Heir being a Recusant 1 Jac. 4. A Recusant forfeits for not Receiving the Sacrament according to the Service Book the first year twenty Pounds the second year forty Pounds the third year and every year after sixty Pounds 3 Jac. 4. To the Presenter out of the Recusants Goods forty Shillings forfeited 3 Jac. 4. For every Recusant sojourner and Servant ten Pounds for every Month forfeited 3 Jac. 4. Two parts of Dower or Joynture of a Married Woman forfeited 3 Jac. 5. Coming to Court an hundred Pounds forfeited 3 Jac. 5. For not Baptizing of Children according to the Service-Book publickly within a Month after their Birth an hundred Pound forfeited 3 Jac. 5. For Marrying otherwise than by a Minister an hundred Pounds forfeited 3 Jac. 5. For Burying out of the Church or Church-yard an hundred Pounds forfeited 3 Jac. 5. For sending Children beyond Seas without License an hundred Pounds forfeited 1 Jac. 4. For maintaining a School-master not going to Church or allowed to teach for every Month ten Pounds forfeited 23 Eliz. 1. 29 Eliz. 6. And forty Shillings per