Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	knight_n	sir_n	viscount_n	16,070	5	12.0091	5	false

Text snippets containing the quad

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

THE LEARNED READINGS OF Sir Robert Holbourne Knight Attorney General to King Charles I. UPON The STATUTE of 25 Edw. 3. Cap. 2. Being the Statute of TREASONS To which is added Cases of Prerogative Treason Misprision of Treason Felony c. Written by the Right Honourable FRANCIS BACON Lord Verulam Viscount St. Alban And now Reprinted for the Publick Benefit Indici conjurationis praemia constituta Salust in Conjur Catil LONDON Printed for Sam. Heyrick at Grayes-Inn-Gate in Holborn and Matthew Gilliflower in Westminster-Hall 1681. ERRATA PAge 5. Line 4. for Dejective read Directive pag. 20. lin ult for kill read kills pag. 21. lin 12. for Case r. Care pag. 23. l. 14. for mysteries are read mistress is ibid. l. 15. for there read she p. 35. l. 19. for without read within p. 36 l. 7. for Regne read Rigne p. 37. l. 10. for Aid r. Ayel ibid. l. 18. for Heires Facus r. Haeres Factus p. 49. l. 15. for I. S. r. I. D. p. 55. l. 6. for word r. Ward ibid. l. 14. l. 15. l. 17. for Costigase read Cesty que use THE LEARNED Readings OF Robert Holbourne Esq Lecture I. BEfore the Statute Trespasses were made Felonies Felonies were made Treasons and we could not judge which were Felonies and which were Treasons but it did rest in the breast of the Judges that were in those days For the preventing of which mischief this Statute which I now Read upon was made which hath two Parts The parts of the Statute are first Declarative A Declarative part and that doth declare what shall hereafter be judged Treason And Treason also is commonly divided into two parts that is First High Treason High Treason that is against the Person of the King and that will fall out for this days Work Secondly Petty Treason Petty Treason which is in the latter part of the Statute as will appear hereafter The second part of this Statute is the Dejective part And secondly Dejective High Treason and directs the Judges how far to proceed upon a Fact that is not within the Statute High Treason is against the person of the King or against his Government viz. as against his Judges Seals and Coyns These are the Divisions that I shall make of this Law The definition of Treason It is Lesa Majest The definition of Treason which comprehends the Person of the King and his Officers of Justice For the Person of the King and the Treasons that are committed more immediately against his Person and they are Acts and Persons Persons they are of two sorts Persons against whom and the Persons by whom these Treasons are committed The Acts and they are divers As first Compassing th● Death of the King And fo● explanation of this word Compassing it is an old word signifying not a bringing t● pass only but a going about as you shall find it in Britto● and the Mir. of Just but it is since called in Latine Machinatio and a going about 1 Mar. Bro. tit Treas 24. or compassing is Treason though no effect do follow as a compassing to kill the King though he be not kild so a compassing without any other Act is Treason But there may be an Act done that doth effect the death of the King and yet no Treason if there be no compassing as in the Case of Sir Walter Terril who shooting at a Deer his Arrow glanced against a Tree and struck King William Rufus upon the breast that he died Hollingshead and this was not Treason because there was no compassing And so it is in the Case of a Physitian as if the King takes Physick and dyes of the Physick working yet if it be not notoriously gross and it doth not appear that he did any way compass the Death of the King this is not treason within this Law for in the Case of a common person if a Physitian give one Physick whereof he dyes this is not Felony in him although the Physitian had no License to practice Physick for it is his fault that he will take Physick of him and volenti non fit injuria If the Prince in person assaults a man and drives him so hard against the Wall that if he do not defend himself he will kill him and he cannot do it without danger to the Prince in that Case he ought not to defend himselfe but ought rather to dye than hazard the person of the Prince because he is Caput salus Reipub. and yet Nature doth teach a man to defend himselfe against all danger And thus much for Acts without compassing And yet some of these Acts that are without compassing are left to the Jury to judge of and some others are left to the Judges to judge of as by presumption of Law as in Murder the●● ought to be malice fore●thought and yet if an Officer in executing of his Office b● slain this is Murder by th● Law and yet in this Cas● there do not appear any malice fore-thought and so in this Case the Law makes an Evidence for the Jury and so in deeds of the like Cases The second Act is Violating and this word is derived of vi perdendo but yet it may be done without any force at all The third Act is Levying War against the King And what shall be said of Levying War that may be divers ways As if the Inhabitants of a Town will gather themselves together to pull down the Fences of a Common See Saint John's argument in Sherly of Shefield's Case in which they have no Interest or Common nor ever had this is Treason within this Law but if they had an Interest or Common there then it is no Treason but if they shall do it by Force of Arms in a War-like manner Qu. but in the first Case it is a Levying of War against this Government Another Levying of War may be against the King Nota. as if it be to the displacing of his Officers as in the Earl of Essex his Case in his coming to the City of London for to remove Officers that were about the Queen this was Treason and so it is also to the same purpose in 1 Mar. Dyer 24. and so it appears 1 Mar. Dyer 24. A man may Levy War against the King although he hath no intent to meddle with the person of the King or any way to hurt him and so you shall find also in Bro. Tit. Treason 14. Brok tit Treason 14. And if any Levy War without the King this is a Levying of War within the Law 8 Hen. 8. 8 H. 8. If two conspire to Levy War and one alone doth it this is Treason in both The fourth part is to Adhere to the King's Enemies Nota. ●nd first who shall be said ●o be Enemies within this Law ●econdly who shall be said Adhering to them that are E●emies within this Law This word Enemy cannot extend ●o Subjects for they are Rebels