cannot In felony there followeth corruption of bloud except it bee in cases made felony by speciall Statutes with a proviso that there shall be no corruption of bloud In felony lands in fee simple and goods and chattels are forfeited and the profits of estates for life are likewise forfeited but not lands intailed And by some customes lands in fee simple are not so forfeited The Father to the bough The Sonne to the Plough as in Gavel-kinde in Kent and other places In felony the Escheats goe to the Lord of the Fee and not to the King except hee be Lord But profits for the estates for lives or in taile during the life of tenant in taile goe to the King And the King hath likewise annum diem vastum In felony lands are not in the King before Office nor in the Lord before entrie or recovery in a writ of Escheate or death of the party attainted In felony there can bee no proceeding with the accessary before there bee a proceeding with the principall If hee die or plead his pardon or have his Clergie before attainder the accessary can never be dealt with In felony if the party stand mute and will not put himself upon tryall or challenge peremptorily above that the law allowes hee shall have judgement not of hanging but of penance of pressing to death but there he saves his lands and forfeits only his goods In felony at the common law the benefit of Clergie or Sanctuary was allowed but now by Stat. it is taken away in most cases In felony baile may be admitted where the fact is not notorious and the person not of ill name In felony no Councell is to bee allowed to the party no more then in treason In felony if the fact bee committed beyond the Seas or upon the Seas super altum mare there is no tryall at all in one case nor by course of Jury in the other but by the Jurisdiction of the Admiralty In felony no witnesse shall bee received upon oath for the parties Justification no more then in treason In felony if the party bee non sonae memoria although it bee after the fact hee cannot be tryed nor adjudged except it be in course of Outlawry and that is also erroneous In felony the death of the party before conviction dischargeth all proceedings and forfeitures In felony if the party bee once acquit or in perill of Judgement of life lawfully hee shall never be brought in question againe for the same fact In felony the prosecution may bee either at the Kings suit or by way of appeale the defendant shall have his course and produce witnesses upon oath as in civill causes In felony the King may grant hault justice to a subject with the Regality of power to pardon it In felony the tryall of Peeres is all one as in case of treason In felony the proceedings are in the Kings Bench or before Commissioners of Oyer and Terminer or of Gaol delivery and in some case before Justices of the Peace CHAP. IX Cases of Felony de se with the punishment triall and proceedings IN the civill law and other lawes they make a difference of cases of felony de se for where a man is called in question upon any capitall crime and killeth himselfe to prevent the law there they give the judgement in all points of forfeiture as if they had beene attainted in their life time And on the other side where a man killeth himselfe upon impatience of sicknesse or the like they doe not punish it at all but the law of England taketh it all in one degree and punisheth onely with losse of goods to bee forfeited to the King who generally grants them to his Almoner where they bee not formerly granted unto speciall liberties CHAP. X. Cases of Premunire WHere a man purchaseth or accepteth any provision that is collation of any spirituall benefice or living from the Sea of Rome it is Premunire Where a man shall purchase any proces to draw any people of the Kings allegeance out of the Realme in plea whereof the cognizance pertaines to the Kings Court and commeth not in person to answer his contempt in that behalfe before the King and his Councell or in his Chancery it is Premunire VVhere a man doth sue in any Court which is not the Kings Court to defeate or impeach any judgement given in the Kings Court and doth not appeare to answer his contempt it is Premunire VVhere a man doth purchase or pursue in the Court of Rome or elsewhere any processe sentence of excommunication bull or instrument or other thing which toucheth the King in his Regality or his Realme in prejudice it is Premunire VVhere a man doth affirme or maintaine any forraigne kinde of Jurisdiction spirituall or doth put in ure or execution any thing for the advancement or setting forth thereof such offence the second time committed is Premunire VVhere a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse if it bee an Ecclesiasticall person or by a Commission out of the Chancery if it bee a temporall person it is Premunire VVhere a Deane and Chapter of any Church upon the Conge de Lier of an Archbishop or Bishop doth refuse to elect any such Archbishop or Bishop as is nominated unto them in the Kings Letters missive it is Premunire Where a man doth contribute or give reliefe to any Jesuite or Seminary Priests or to any person brought up therein and called home and not returning it is case of Premunire Where a man is a Broker of an usurious contract above ten in the hundred it is Premunire CHAP. XI The punishment triall and proceeding in cases of Premunire THe punishment is by imprisonment during life forfeiture of goods forfeiture of lands in fee simple and forfeiture of the profits of lands intailed or for life The triall and proceeding is as in cases of misprision of Treason and the tryall is by Peers where a Peer of the Realme is the offender Striking any man in the face of the Kings Courts is forfeiture of lands perpetuall imprisonment and losse of that hand CHAP. XII Cases of Abjuration and Exile and the proceedings therein WHere a man committeth any felony for the which at this day hee may have priviledge of Sanctuary and confesseth the felony before the Coroner he shall abjure the liberty of the Realme and chuse his Sanctuary and if hee commit any new offence or leave his Sanctuary hee shall lose the priviledge thereof and suffer as if hee had not taken Sanctuary Where a man not coming to the Church and being a Popish Recusant doth perswade any the Kings subjects to impugne his Majesties Authority in causes Ecclesiasticall or shall perswade any subject to come to any unlawfull conventicles and shall not after conforme himselfe within a time and make his submission hee shall abjure the Realme and forfeit his goods and lands during life and if hee depart
CASES OF TREASON Written BY SIR FRANCIS BACON KNIGHT HIS MAIESTIES Solicitor Generall LONDON Printed by the Assignes of JOHN MORE and are sold by Matthew Walbancke and William Coke Anno 1641. The Contents Chap. I. CAses of Treason pag. 1. Chap. II. The punishment triall and proceeding in cases of Treason pag. 4. Chap. III. Cases of Misprision of Treason pag. 6. Chap. IIII. The punishment tryall and proceeding in cases of Misprision of Treason Ibid. Chap. V. Cases of petie Treason pag. 7. Chap. VI The punishment tryall and proceedings in cases of petie Treason Ibid. Chap. VII Cases of Felonie pag. 8. Chap. VIII The punishment tryall and proceedings in cases of Felonie pag. 11. Chap. IX Cases of Felony de se with the punishment triall and proceedings pag. 14. Chap. X. Cases of Premunire Ibid. Chap. XI The punishment triall and proceeding in cases of Premunire pag. 16. Chap. XII Cases of Abjuration and Exile and the proceedings therein Ibid. Chap. XIII Cases of Heresie and the triall and proceedings therein pag. 18. Chap. XIIII The Kings Prerogative in Parliament Ibid. Chap. XV The Kings Prerogative in matters of Warre or Peace pag. 19. Chap. XVI The Kings Prerogative in matters of moneys pag. 20. Chap. XVII The Kings Prerogative in matters of Trade and Traffick Ibid. Chap. XVIII The Kings Prerogative in the persons of his Subjects pag. 21. Chap. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables pag. 22. Chap. XX Three ends of the Institution of the Court Leete pag. 24. Chap. XXI The jurisdiction of Iustices itinerantes in the Principality of Wales pag. 31. CASES OF TREASON CHAP. I. WHere a man doth compasse or imagine the death of the King the Kings Wife the Kings eldest Sonne and Heire apparent if it appeare by any overt act it is Treason Where a man doth violate the Kings Wife the Kings eldest daughter unmarried the Wife of the Kings eldest Sonne and Heire apparent it is Treason Where a man doth levie warre against the King in the Realme it is Treason Where a man is adherent to the Kings enemies giving them aid and comfort it is Treason Where a man counterfeiteth the Kings great Seale privie Signet Signe manuall it is Treason likewise his money Where a man bringeth into this Realme false money counterfeited to the likenesse of English with intent to merchandize or make paiment thereof and knowing it to be false money it is Treason Where a man counterfeiteth any coyne currant in payment within this Realme it is Treason Where a man doth bring in any money being currant within the Realme the same being false and counterfeit with intent to utter it and knowing the same to be false it is Treason Where a man doth clipp waste round or file any of the Kings money or any forraigne coyne currant by Proclamation for gaines sake it is Treason Where a man doth any way impaire diminish falsifie skale or lighten money currant by Proclamation it is Treason Where a man killeth the Chancellor the Treasurer the Kings Justices in Eire the Kings Justices of Assises the Justices of Oyer and Terminer being in their severall places and doing their Offices it is Treason Where a man procureth or consenteth to Treason it is Treason Where a man doth perswade or withdraw any of the Kings Subjects from his obedience or from the Religion by his Majestie established with intent to withdraw any from the Kings obedience it is Treason Where a man is absolved reconciled or withdrawne from his obedience to the King or promiseth obedience to any forraigne Power it is Treason Where any Jesuite or any other Priest ordained since the first yeere of the reigne of Queene Elizabeth shall come into or remaine in any part of this Realme it is Treason Where any person being brought up in a Colledge of Jesuites or Seminaries shall not returne within six moneths after Proclamation made and within two dayes after his returne submit himselfe to take the oath of Supremacy if otherwise hee doe returne and not within sixe moneths after Proclamation made it is Treason Where a man committed for Treason doth voluntarily breake Prison it is Treason Where a Jaylor doth voluntarily permit a man committed for Treason to escape it is Treason Where a man relieveth or comforteth a Traitor and knoweth of the Offence it is Treason Where a man doth affirme or maintaine any Authority of Jurisdiction spirituall or doth put in â—â—e or execute any thing for the advancement or setting forth thereof the third time it is Treason Where a man refuseth to take the oath of Supremacy being tendred by the Bishop of the Diocesse if hee bee any Ecclesiasticall person or by Commission out of the Chancery if hee bee a temporall person such Offence the second time is Treason CHAP. II. The punishment triall and proceeding in cases of Treason IN Treason the corporall punishment is by drawing on a hurdle from the place of the prison to the place of execution by hanging and being cut downe alive bowelling and quartering and in women burning In Treason there ensueth a corruption of bloud in the line ascending and descending In Treason lands and goods are forfeited and inheritances aswell intailed as fee simple and the profits of estates for life In Treason the Escheats goe to the King and not to the Lord of the Fee In Treason the land forfeited shall bee in the Kings actuall possession without Office In Treason there be no accessaries but all are principalls In Treason no Sanctuarie nor benefit of Clergie or peremptory challenge is allowed In Treason if the party stand mute yet neverthelesse judgement and attainder shall proceed all one as upon verdict In Treason no Councell is to bee allowed nor baile permitted to the partie In Treason no witnesses shall bee received upon oath for the parties justification In Treason if the fact bee committed beyond the seas yet it may bee tryed in any County where the King will award his Commission In Treason if the party bee non sanae memoriae yet if hee had formerly confessed it before the Kings Councell and that it bee certified that hee was of good memory at the time of his examination and confession the Court may proceede to judgement without calling or arraigning the party In Treason the death of the party before conviction dischargeth all proceedings and forfeitures In Treason if the parties bee once acquitted hee should not bee brought in question againe for the same fact In Treason no new case not expressed in the Statute of 25. E. 3. or made Treason by any speciall Statute since ought to bee judged Treason without consulting with the Parliament In Treason there can be no prosecution but at the Kings suit and the Kings pardon dischargeth In Treason the King cannot grant over to any subject power and authority to pardon it In Treason a triall of a Peere of the Kingdome is to bee by speciall Commission before
the Lord high Steward and those that passe 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 Peeres may conferre together but are not any wayes 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 Realme 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 onely without any consorting or abetting it is misprision of Treason Where a man counterfeiteth any forreigne coyne of gold or silver not currant in the Realme it is misprision of Treason Where a man fixes an old Seale to a new Patent it is misprision of Treason CHAP. IIII. The punishment tryall and proceeding in cases of misprision of Treason THe punishment of Misprision of Treason is by perpetuall imprisonment losse of the issues and profits of their lands during life and losse of goods and chattels The proceeding and triall is as in cases of high Treason In misprision of Treason baile is not admitted CHAP. V. Cases of petie Treason WHere a Servant killeth his Master the Wife the Husband the spirituall man his Prelate to whom hee is subordinate and oweth faith and obedience it is petie Treason Where a Sonne 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 though against law and reason in my judgement Where a Servant killeth his or her Master or Mistresse after they are out of service it is petie Treason CHAP. VI The punishment tryall and proceedings in cases of petie Treason IN petie Treason the corporall 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 Felonie CHAP. VII Cases of Felonie 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 heate and not of malice prepensed it is felony Where a man rideth armed with a felonious intent it is felony Where a man doth maliciously and feloniously burne any mans house it is felony Where a man doth maliciously c. burne corne upon the ground or in stack it is felony Where a man doth maliciously cut out another mans tongue or put out his eyes it is felony Where a man robbeth or stealeth viz. taketh away another mans goods above the value of 12. d. out of his possession with intent to conceale it it is felony Where a man imbezileth and withdraweth any of the Kings Records at Westminster whereby a judgement is reversed it is felony Where a man having the custody of the Kings Armour Munition or other Abiliments of Warre doth maliciously convey away the same it is felony if it be to the value of 20. shillings Where a Servant hath goods of his Masters delivered unto him and goeth away with them it is felony Where a man conjures or invokes wicked Spirits it is felony Where a man doth use or practise witchcraft whereby any person shall bee killed wasted or lamed it is felony Where a man practiseth any witchcraft to discover treasure hid or to disover stolne goods or to provoke unlawfull love or to impaire or hurt any mans cattell or goods the second time having been once before convicted of like offence it is felony Where a man useth the craft of multiplication of gold or silver it is felony Where a man receiveth a Seminary Priest knowing him to bee such a Priest it is felony Where a man taketh away a woman against her will not clayming her as his ward or bondwoman it is felony Where a man or woman marrieth againe his or her former husband or wife being alive it is felony Where a man committeth buggery with man or beast it is felony Where any persons above the number of twelve shall assemble themselves with intent to put downe 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 doe assemble accordingly and doe not depart after proclamation it is felony Where a man being the Kings sworne servant conspireth to murder any Lord of the Realme or any privie Councellor it is felony Where a Souldier hath taken any parcell of the Kings wages and departeth without licence it is felony Where a Recusant which is a seducer and perswader and enciter of the Kings subjects against the Kings Authority in Ecclesiasticall causes or a perswader of Conventicles or shall refuse to abjure the Realme it is felony Where vagabonds bee found in the Realme calling themselves Egyptians it is felony Where a Purveyor doth take without warrant or otherwise doth offend against certaine speciall Lawes it is felony Where a man hunts in any Forrest Parke or Warren by night or by day with vizzard or other disguisements and is examined thereof and concealeth his fact it is felony Where one stealeth certaine kinde of Hawkes it is felony Where a man committeth forgery the second time having been once before convicted it is felony Where a man transporteth Rammes or other sheepe out of the Kings Dominions the second time it is felony Where a man being imprisoned for felony breaks prison it is felony Where a man procureth or consenteth to felony to bee 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 Where 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 principall nor as accessary Homicide or the killing of a man is to bee considered in foure kindes Chance-medley Se defendendâ— Manslaughter Wilfull Murder CHAP. VIII The punishment tryall and proceedings in cases of Felonie IN felony the corporall punishment is hanging and it is doubtfull whether the King may turn it into beheading in the case of a Peer or other person of dignity because in treason the striking off the head is part of the Judgement and so the King pardoneth the rest but in felony it is no part of the judgement and the King cannot alter the execution of law yet presidents have beene both wayes If it bee upon indictment the King may but upon an appeale hee