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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

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Where a man counterfeiteth any Foreign Coyn of Gold or Silver not current in this Realm it is misprision of Treason Where a man fixes an old Seal to a new Patent it is misprision of Treason CHAP. IIII. The Punishment Tryal and Proceeding in cases of misprision of Treason THE Punishment of Misprision of Treason is by perpetual Imprisonment loss of the Issues and Profits of their Lands during Life and loss of goods and Chattels The Proceeding and Trial is as in cases of High Treason In misprision of Treason Bail is not admitted CHAP. V. Cases of Petty Treason WHere a Servant killeth his Master the Wife the Husband the Spritual man his Prelate to whom he is subordinate and oweth Faith and Obedience it is pettie Treason Where a Son killeth the Father or Mother it hath been questioned whether it be petie Treason and the late experience and opinion seemeth to sway to the contrary tho against Law and Reason in my judgment Where a Servant killeth his or her Master or Mistress after they are out of Service it is petie Treason CHAP. VI. The Punishment Tryal and Proceedings in cases of Petie Treason IN Petie Treason the Corporal Punishment is by drawing on an hurdle and hanging and in a Woman burning In petie Treason the Forfeiture is the same with the Case of Felony In petie Treason all Accessaries are but in case of Felony CHAP. VII Cases of Felony WHere a man committeth Murder or Homicide of Malice prepensed it is Felony Where a man committeth Murder that is breaking of an House with an intent to commit Felony it is Felony Where a man committeth manslaughter that is Homicide of sudden heat and not of Malice prepensed it is Felony Where a man rideth armed with a felonious intent it is Felony VVhere a man doth maliciously and feloniously burn any man's house it is Felony VVhere a man doth maliciously c. burn corn upon the ground or in stack it is Felony VVhere a man doth maliciously cut out another man's Tongue or put out his Eyes it is Felony VVhere a man robbeth or stealeth viz. taketh away another man's Goods above the value of 12 d. out of his possession with intent to conceal it it is Felony VVhere a man imbezelleth and withdraweth any of the King's Records at Westminster whereby a Judgment is reversed it is Felony VVhere a man having the custody of the King's Armour Munition or other Abiliments of VVar doth maliciously convey away the same it is Felony if it be to the value of twenty shillings VVhere a Servant hath Goods of his Masters delivered unto him and goeth away with them it is Felony VVhere a man conjures or invokes wicked Spirits it is Felony VVhere a man doth use or practise VVitchcraft whereby any Person shall be killed wasted or lamed it is Felony VVhere a man practiseth any VVitchcraft to discover Treasure hid or to discover stollen goods or to provoke unlawful Love or to impair or hurt any mans Cattel or Goods the second time having been once before convicted of like offence it is Felony VVhere a man useth the craft of multiplication of Gold or Silver it is Felony VVhere a man receiveth a Seminary Priest knowing him to be such a Priest it is Felony VVhere a man taketh away a VVoman against her VVill not claiming her as his VVard or Bond-woman it is Felony VVhere a man or woman marrieth again his or her former Husband or VVife being alive it is Felony VVhere a man committeth Buggery with man or Beast it is Felony VVhere any Persons above the number of twelve shall assemble themselves with intent to put down Inclosures or bring down prices of Victuals c. and do not depart after Proclamation it is Felony Where a man shall use any words to encourage or draw any People together ut supra and they do assemble accordingly and do not depart after Proclamation it is Felony Where a man being the King 's sworn Servant conspireth to murder any Lord of the Realm or any Privy Councellor it is Felony VVhere a Souldier hath taken any parcel of the King's wages and departeth without Licence it is Felony Where a Recusant which is a Seducer and Perswader and Enticer of the King's Subjects against the King's authority in Ecclesiastical Causes or a perswader of Conventicles or shall refuse to abjure the Realm it is Felony Where Vagabonds be found in the Realm calling themselves Egyptians it is Felony Where a Purveyor doth take without Warrant or otherwise doth offend against certain special Laws it is Felony Where a man hunts in any Forest Park or Warren by night or by day with Vizard or other disguisements and is examined thereof and concealeth his Fact it is Felony Where one stealeth certain kind of Hawks it is Felony Where a man committeth Forgery the second time having been once before convicted it is Felony Where a man transporteth Rams or other sheep out of the Kings Dominions the 2d time it is Felony VVhere a man being imprisoned for felony breaks Prison it is Felony VVhere a man procureth or consenteth to Felony to be done it is Felony as to make him accessary before the Fact Where a man receiveth or relieveth a Felon it is Felony as to make him accessary after the Fact VVhere a Woman by the constraint of her Husband in his presence joyneth with him in committing of Felony it is not Felony in her neither as Principal nor as Accessary Homicide or the killing of a man is to be considered in four kinds Chance-medley Se defendendo Man-slaughter Wilful Murder CHAP. VIII The Punishment Tryal and Proceedings in Cases of Felony IN Felony the corporal Punishment is hanging and it is doubtful whether the King may turn it into beheading in case of a Peer or other Person of Dignity because in Treason the striking off the Head is part of the Judgment and so the King pardoneth the rest but in Felony it is no part of the Judgment and the King cannot alter the execution of Law yet Presidents have been both wayes If it be upon Indictment the King may but upon an Appeal he cannot In Felony there followeth corruption of Blood except it be in cases made Felony by special Statutes with a Proviso that there shall be no corruption of blood In Felony Lands in Fee simple and goods and Chattels are forfeited and the profits of Estates for Life are likewise forfeited but not Lands intailed and by some Customs Lands in see simple are not so forfeited The Father to the Bough The Son to the Plough as in Gavel-kind in Kent and other places In Felony the Escheats go to the Lord of the Fee and not to the King except he be Lord But profits for the Estates for Lives or in Tail during the Life of Tenant in Tail go to the King And the King hath likewise annum diem vastum In Felony Lands are not in the King before Office nor in the Lord before
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