Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16313	A iustice of peace for Ireland consisting of two bookes: the first declaring th'exercise of that office by one or more iustices of peace out of sessions. The second setting forth the forme of proceeding in sessions, and the matters to be enquired of, and handled therein. Composed by Sir Richard Bolton Knight, Chief Baron of his Majesties Court of Exchequer in Ireland. Whereunto are added many presidents of indictments of treasons, felonies, misprisions, præmunires, and finable offences of force, fraud, omission, and other misdemeanors of severall sorts, more then ever heretofore have beene published in print.	Bolton, Richard, Sir, 1570?-1648.	1638 (1638)	STC 3223; ESTC S107128	601,677	634

Twelve yeeres shall by warrant from such Iustice of Peace or head officer be set in the stocks for three whole houres but if the offendor be under the age of Twelve yeares and shal not forthwith pay the said summe of 12. d. then he or she by the warrant of such Iustice of P. or head officer shall be whipped by the Constable or parents or master in his presence And be it further enacted that if any such offendor shall commence any suite in Law against any officer or other for such distraining sale of goods whipping or setting in the stocks the defendant or defendants may pleade the generall issue and give the speciall matter in evidence to the Iury at the triall and if it be found against the plaintiffe or that the plaintiffe be non-suite the defendant or defendants shall be allowed good costs to be taxed by the Court provided neverthelesse that every offence against this law shall be complained of and proved as abovesaid within twenty dayes after the offence committed And it is also enacted that the said Act shall be read in every parish Church by the minister thereof vpon Sunday after the Evening Prayer twice in the yeare Treason CHAP. 65. BEfore the making of the statute of 25. Ed. 3. ca. 2. de prodicionibus there was great ambiguity and diuersity of opinions what offence should be adjudged Treason for clearing whereof the said statute was made whereby it is declared that these offences following should be adjudged Treason viz. 1. To compasse or Imagine the death or destruction of the King the Queene or the Prince 2. To deflowre the Queene or the eldest daughter of the King not marryed or the wife of the eldest sonne and heire of the King 3. To levie warre against the King in his Realme or to be adherent to the Kings enemies in his Realme giving them ayd or comfort in his Realme or elsewhere 4. To counterfeite the Kings great seale or privy seale or his money 5. To bring false money into this kingdome like to the Kings money knowing the same to be false to merchandise or make payment in deceit of the King and his people 6. To kill the Cancellor Treasurer or Iustices of the King of the one Bench or the other Iustices in Eire and of the Assises and all other Iustices of Oyer and Terminer being in their places doing their offices 2. All these offences are by the said statute declared to be Treasons which extend to the King and his Royall Majestie for which the King shall have the Escheate aswell of the lands holden of others as of himselfe 3. Also there be other offences by the said statute declared to be petty Treasons which doe not extend to the Kings Majestie as where the wife doth murder her husband the servant his master or the Clerke his Ordinary in which cases the chiefe Lords had the Escheates but now by a statute made in this kingdome of Ireland in 10. H. 7. ca. 21. aswell these offences of pettie Treason as also those which at the common Law were murder of malice prepensed are made high Treason both in the Actors and procurers and by a statute made in 28. H. 8. ca. 7. in Ireland all escheats for any manner of Treason are given to the King 4. By another statute made in 3. H. 5. ca. 6. It is declared that washing fyling or clipping of money shall be high Treason 5. By another statute made in 4. H. 7. ca. 16. the coyning of forraigne coyne which is permitted to passe in this Realme is Treason 6. By another statute made in Ireland in anno 13. H. 8. ca. 1. willfull burning of houses or Rickes of Corne in the field or in the Townes is made Treason 7. By another statute made in Ireland in 11. Eliz. ca. 1. for the attainder of Shane ô Neale the assuming of the name or dignity of O Neale or taking any thing by colour of that name is made Treason 8. By a statute enacted in anno 10. H. 6. ca. 3. in Ireland for Cessing of horsemen or footmen upon the Kings subjects without their good wils the offendor shall be adjudged as a traitour 9. By another statute made in Ireland in anno 18. H. 6. ca. 2. It is enacted that putting into Comricke and the granting of such Comricke or safeguard shall be Treason aswell in the giver as in the taker 10. By another statute made in Ireland in anno 10. H. 7. ca. 13. It is enacted that to cause assembly or insurrection conspiracies or in any wise to procure or stirre Irishry or Englishry to make warre against the Kings authority that is to say his Lievetenant or Deputy or Iustices or else in any manner to procure or stirre the Irishry to make warre upon the Englishry shall be high Treason 11. By another statute in Ireland made in 28. H. 8. ca. 7. It was enacted amongst other things that if any person shal malitiously wish will or desire by words or writing or by craft imagine invēt practise or attempt any bodily harme to be done to the King the Queene or their heires apparant or to deprive them or any of them of the dignity title or name of their Royall estates or publish or pronounce by expresse writing or words that the Kings Majestie is an Hereticke Schismaticke Tyrant Infidell or Usurper of the Crowne or shall rebelliously detaine or withhould from the King his heires or successors any of his or their ships ordinances artillery and other munition of warre and shall not deliver up the same within six dayes after they shall be required by Proclamation under the great seale the offendors Ayders Counsellers Consenters and Abettors shall be adjudged Traitours of high Treason 12. Having now briefely declared the statutes which are of force in this kingdome of Ireland concerning Treasons I will returne backe to the exposition of the said statute of 25. Ed. 3. de prodicionibus 13. That statute of 25. Ed. 3. doth not make any offence to be Treason which was not Treason by the common Law before neither doth it alter any offence of Treason at the common Law into a lesser offence but onely declareth the common Law in some particular cases and therefore it will be necessary to set forth what offences have beene adjudged to be Treason at the common Law both before and sithence the making of that statute 14. Treasons at the common Law I finde thus defined by Glanvill li. 14. ca. 1. cum quis itaque de morte Regis vel seditione Regni vel exercitus infamatur c. And afterward in the same chapter are these words viz. ipsum accusatum machinatum fuisse vel aliquid fecisse in mortem Regis vel seditionem Regni vel exercitus vel consensisse vel consilium dedisse vel authoritatem prestitisse c. 15. Also I finde in Bracton li. 2. Titulo de crimine lesae majestatis Treason to be thus defined videlicet Si quis ausu

temerario machinatus sit in mortem Regis aut aliquid egerit vel agi procuraverit ad seditionem Dom. Regis vel exercitus sui vel procurantibus auxilium consilium prestiterit aut consensum licet id quod in voluntate habuit non produxerit ad effectum Tenetur tamen crimine laesae majestatis 16. Also Britton fo 16. saith that it is high Treason to compasse the death of the King or to disinherit him of his Realme or to falsifie his seale or to counterfeite or clip his money And in this Bracton in the said title de crimine laesae majestatis agreeth with Britton and these writers were all before the statute de 25. Ed. 3. de prodicionibus 17. If this compassing of the death of the King c. may appeare either by words writing or by any other meanes it sufficeth to make it Treason as appeares by the booke in 29. H. 6. fo 47. Stamford fo 2. 18. The words of the statute of 25. Ed. 3. de prodicionibus maketh not any mention of the consenters and ayders to the counterfeiting of the great seale or privy seale or of the Kings money yet this is high Treason by Stamford fo 3. 19. H. 6. fo 47. and the booke in 3. H. 7. fo 9. is not to the contrary if it be well observed for there the Indictment wanteth the word proditoriè and this is by the rule of the common Law 19. Also the taking of waxe imprinted with the great seale and fixing of that to a counterfeite or forged writing made in the name of the King is high Treason and yet it is not within the words of the statute de prodicionibus and so it is adjudged in 2. H. 4. fo 32. Stamford fo 3. saith it hath beene so adjudged in his time and with him agreeth Britton fo 10. so as this appeareth to be Treason at the common Law 20. Likewise if a man counterfeite the Kings money although he doe not utter it yet that is high treason by Stamford fo 3. 6. H. 7. fo 13. 1. R. 3. fo 1. but if false money be made within this kingdome and another knowing it to be false utter it in payment this is not Treason by Stamford fo 3. but it is misprision 21. If many conspire to commit Treason as in levying of warre and any one of them doth it this is treason in all by the common law Dyer fo 98. pl. 56. 22. If the servant kill the master by the procurement of the wife this before the statute of 10. H. 7. whereby all killing of malice prepensed is made high treason was pettit Treason in both but now in Ireland by the said statute it is high treason in both and so it is if the husband had beene killed by a stranger by the procurement of the wife 16. El. Dyer fo 332. pl. 25. 23. To conspire with the Prince or governor of another Realme to invade any of the Kings dominions is treason although there be no such Invasion offered or openly attempted 13. El. Dyer fo 298. pl. 29. 24. To compasse or imagine the death of the King although he were an usurper is Treason 9. Ed. 4. fo 12. 25. One outlawed for felony was in prison where traitours were he broke the prison whereby the traitours escaped this was adjudged Treason 1. H. 6. fo 6. 26. These words to compasse or Imagine the death or destruction of the King are words of large extent for he that by words or otherwise deviseth or adviseth any meanes how the King may come to his death that is Treason although it take no effect also to intend to deprive the King by that intention the death of the King is intended so the same is Treason by the declaration of the said statute and also the detaining of a Castle or Fortresse or such like is levying of warre against the King Br. Treason 24. 27. To runne into Rebellion and stand upon their keeping and to rob and spoile the Kings subjects hath alwayes beene adjudged to be high Treason in Ireland and to be a levying of warre against the King 28. Also to kill the Kings messenger or any that is comming to ayd the King against his enemies is Treason 29. To set at large unlawfully any that is committed for Treason is Treason by the common Law Dalton fo 225. 30. It is to be observed that in high Treason there be no accessaries as in felony but aswell all procurers or abettors before the Treason committed as releivers of the traitours after the Treason committed knowing the same are principall traitours and not accessaries Trespasse CHAP. 66. 10. Caroli c. 23. in hibernia 1. BY a statute made in Ireland in 10. Caroli ca. 23. all and every lewd person which shall unlawfully cut or take away any corne growing or rob any Orchards or Gardens or breake or cut any hedge pale rayle or fence or digge pull up or take away any fruit trees in any Orchard or garden or elsewhere to the intent to take or carry the same away or shall barke any trees that are growing or shall cut or spoile any woods or underwoods pailes or trees standing not being felony and their procurers or receivers knowing the same being thereof convict by confession of the party or by the testimony of one sufficient witnesse upon oath before any one Iustice of peace where the offence shall be committed or the offendor apprehended shall for the first fault give the party wronged such recompence and within such time as by any one Iustice of peace of the County where such offence was done shall be appointed and if such offendor shall be thought in the discretion of the said Iustice not able or doe not make satisfaction accordingly then the said Iustice shall commit the said offendor to some Constable or other inferiour officer where the offence shall be committed or the offendour apprehended to be whipped 2. Also for the second fault and every other offence whereof such offendour shall be after convicted in forme aforesaid such offendour shall be whipped as aforesaid ibid. 3. If any Constable or inferior officer doe refuse or doe not at the commandement of a Iustice of peace by himselfe or by some one by him to be appointed execute upon the offendor the punishment aforesaid the said Iustice of peace may commit the said Constable c. to the common gaole there to remaine without baile untill the said offendor be by the said Constable or by some other by his procurement whipped as aforesaid 4. But no Iustice of peace shall execute this statute for any of the offences aforesaid done unto himselfe unlesse he be assotiated or assisted with one or moe other Iustices of peace whom the offence doth not concerne Tyles CHAP. 67. 1. BY a statute made in anno 17. Ed. 4. it is enacted that all and every person or persons that shall use the occupation of making of any Roofe tyle Crest tyle

doe resume Clergy if so be that the Endictment doe not expressely mention the offence in the very words of the statute it selfe the offendour may escape by his Clergy for if the Endictment be that he robbed one in the high way and tooke ten shillings from his person without shewing that he made assault upon him or used violence unto him or if it be of Burglary and doe lacke the word Burglaritèr then as Master Stamford warily noteth the offence is not against the statute and consequently the benefit of Clergy is not taken away from the offendor Stamford 130. Collect. Dyer 183. 124. 63. The same Master Stamford about the same place of his book moveth a doubt in this matter of Clergy A scruple concerning Clergy when sundry of these statutes which take away Clergy in case where the offendor is convicted by the verdict of twelve men doe speake nothing at all of his attainder by utlary or by Parliament nor of his standing wilfully mute nor of his challenging above twenty peremptorily nor of his refusall to answere directly to the offence It is to be considered saith he whether in these cases also the Clergy shall he denyed unto him But since Master Stamfords time these doubts are cleared by the statutes of 11. Iacobi in Ireland cap. 3. where the Clergy is taken away in all these cases except utlagary upon an appeale conviction by battaile in appeale and attainder by Parliament which three cases are omitted in the said statute of 11. Iacobi I will now make an end of Tryall and in the next place proceed to Iudgement Of Iudgement and the severall sorts thereof CHAP. 16. 1. I Have formerly divided the offences which are to be enquired of in the generall Sessions of the peace into five heads or parts that is to say Treasons Felonies Misprisions Praemunires and finable offences And now I shall proceed to declare the severall Iudgements that are to be given upon each of those offences in order as they are beforementioned 2. There were at the common Law two kinds of Treason that is 10. H. 7. cap. ●1 in Ireland high Treason and pety Treason but those offences which at the common Law were pety Treason that is to say a servant of malice prepensed to kill his or her Master or Mistresse a Clerke of malice prepensed to kill his Ordinary and a wife of malice prepensed to kill her husband are now in Ireland by the statute of 10. H. 7. cap. 21. made high Treason as if the same had beene done to the Kings person 3. There be also two sorts of high Treason namely Treasons by the common Law and Treasons by severall statute Lawes 4. The Iudgement in high Treason Iudgement in Treason by the common Law is that the offender shall be taken from the barre and returned to the prison where he was before his irons there to be taken off and from thence to be drawne upon a hurdle to the place of execution and there to be hanged untill he be halfe dead then to be cut downe alive his intrails to be taken out of his body and his privy members to be cut of and burnt in the fire before his face his head to be cut from his body and his body to be devided into foure quarters to be disposed of at the Kings pleasure And this is to be understood in all such cases of high Treason as concerne the death or destruction of the King the Queene or the Prince or the disherison of the King of any of his kingdomes or government or the levying of warre or the deflouring of the Queene or the eldest daughter of the King or the wife of the Prince or the killing of the great officers of the King as the Chancellor Stamf. fol. 182. 32. 1. H. 7. fol. 24. 1. H. 6. fol. 5. Treasurer or Lord privy seale or of any Iudge being in the execution of his office or the Kings messenger or such like which trench to the overthrow or diminishing of the Kings power or governement but in such cases wherein the Treason doth but only exalt it selfe upon some speciall prerogative of the King to the deceit of the people as coyning of false and counterfeit money or such like there the Iudgement against the offendour is to be taken from the barre and returned to the prison from whence he came his irons there to be taken off and from thence to be drawne upon a hurdle to the place of execution and thereto be hanged untill he be dead but if the offendor be a woman the Iudgement against her in all cases of Treason is to be burned Stamf. fol. 182. ●2 1. H. 6. fol. 5. 6. Eliz. Dyer fol. 230. the new booke of Entries fol. 360. 5. Where offences which at the common Law were not Treason are by any statute Law enacted to be high Treason without any more saying in such cases the Iudgement against the offendors shall be to be drawne and hanged but where the stat saith that the offence shall be Treason as if it had beene done against the Kings person or if the words be that the offendors shall suffer such punishment as in cases of high Treason then the offendors shall have Iudgement to be hanged drawne and quarterd 6. Upon these differences it will follow that for breaking of prison by the stat de frangentibus prisonam made in Anno 1. Edw. 2. for counterfeiting the Coine of an other Realme which is currant in this Realme which is made Treason by the statute of 4. H. 7. cap. 18. for washing clipping or filing of money which is made Treason by the stat of 3. H. 5. cap. 6. for Comricke with by the stat of 18. H. 6. cap. 2. in Ireland and for Sessing of horse or foot upon the Kings subjects which by the said stat of 18. H. 6. are made Treason the Iudgement against the offendors in all those cases is only to be drawne and hanged 7. But for Treason in stirring up the Irish or English to make warre against the King or his Deputy or stirring up the Irish to make warre upon the English which by the stat of 10. H. 7. ca. 13. in Ireland is made Treason or for wilfull burning of houses or ricks of Corne which by the stat of 13. H. 8. cap. 1. in Ireland is made Treason and for wilfull murder which by the stat of 10. H. 7. cap. 21. in Ireland is likewise made Treason the Iudgement against such offendors is to be hanged drawne and quartered as in cases of high Treason against the Kings person 8. There be likewise two sorts of Felonies that is to say Felonies for which the offendor shall suffer death and felonies for which the offender shall not suffer death 9. For the felonies of death the Iudgement is alike in all cases Iudgement in Felony and aswell for women as men viz. to returne from the barre to the prison from whence

kingdome out of another kingdome knowing the same to be false and counterfeit   9. Killing the Chancellour Treasurer or any Iustice of the one Bench or the other or any Iustice in Eyre or of Assise or any other Iustice of Oyer and Terminer being in his place and doing his office     10. Going into rebellion or standing upon their keeping and being so upon their keeping robbing burning or spoiling any of the Kings subjects 11. Wilfull burning of houses or Rickes of Corne in the fields or villages 12. Taking the name of O Neale or any thing by colour of that name or dignitie 13. Murder of malice prepensed 14. Putting or receiving into Comricke The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 15. Sessing of horsemen or footmen by Lords or others upon the Kings subjects without authoritie 16. Causing of assemblies insurrections or conspiracies or in any wise procuring or stirring the Irish or English to make warre against the Kings Lievetenant Deputy or Iustice or in any manner procuring or stirring up the Irish to make warre upon the English 17. Extolling of forraigne power or Iurisdiction in this kingdome after two convictions   18. Procuring or consenting to the committing of any high Treason or relieving of any Traitor after the Treason committed knowing the same 19. Rescuing of Traitours which are arrested for suspition of Treason   The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 20. Voluntarie escapes of Traitours which are committed for suspition of Treason 21. Breach of prison by any that is committed or arrested for Treason 22. Breach of prison by any others whereby any that is committed for Treason doth escape this is Treason aswell in the prisoner that escapeth as in him that brake the prison Secondly of Felonies which bee of two sorts that is 1. Felonies of death 2. Felonies not of death   First Felonies of death viz. 1. Manslaughter 2. Rape 3. Taking away any woman that hath any goods or lands or that is heire apparant to her father by force with an intent to marry her 4. Cutting out the tongue or putting out the Eyes of any malitiously The Iudgement for all these Felonies of death is to bee hanged 5. Burglarie which is the breaking of any dwelling house Church or gates of a Citty by night with intent to steale kill or to commit any other felony in the house Church or Citty 6. The breaking of any dwelling house in the day time and stealing any thing out of it that exceedeth the value of 12.d     7. The robbing of a stall in a Faire or Market and stealing any thing out of it that exceeds the value of 12.d 8. Robbery which is the taking of any thing feloniously in or neare the high way from the person of any whereby hee is put in feare 9. Cutpursses which feloniously take any thing above the value of 12.d privily from the person of any 10. Stealing of any goods or Cattell in the fields or elsewhere above the value of 12.d 11. Rescuing of felons which are arrested for suspition of felony The Iudgement for all these Felonies of death is to bee hanged 12. Breaking of prison by such as are committed for felony 13. Voluntary escapes suffred by Gaolers Constables and such other persons as suffer any that is in their custody for suspition of felony to escape   14. Forging of false deeds by any after he hath been once convicted of forgerie 15. Taking distresses for debt breach of promise covenant or such like where no distresse lyeth by the law 16. Taking of meat drinke against the will of the owner 17. Taking of Cuddyes and Coyney 18. The servant running away with his masters goods which were delivered unto him 19. Conjuration or Invocation of evill spirits to any intent whatsoever     20. Witchcraft and sorcerie whereby any is killed or wherby any shall be hurt in body or goods the second time 21. Marrying of a second wife or husband the former being alive 22. Buggarie with man or beast 23. Purveyors that take up mens goods without warrant or contrary to the statutes concerning Purveyors 24. Acknowledging a Iudgement Recognisance statute Fine Recovery or baile in the name of another without his privitie The Iudgement for all these Felonies of death is to bee hanged 25. Stealing or taking up any reclaimed Hawke concealing it and not bringing it to the Sheriffe to be proclaimed 26. Multiplying of gold or silver   27. Hunting by night in any Parke or Warren with vizards or painted faces and not confessing the same upon examination before a Iustice of peace 28. Souldiers departing from their Captaine without licence after they have received pay 29. Masons assembling to breake the effect of the statutes of Labourers 30. Bringing into this kingdome any summons processe or excommunication against any person for executing the statute of provisions 31. Gaolers causing their prisoners by duresse to become approvers   that is to appeale others falsely   The Iudgement for all these Felonies of death is to bee hanged 32. The procuring of felonies or relieving of felons by receiving the stolne goods or otherwise knowing of the felony Secondly Felonies not of death viz.   1. Manslaughter in ones own defence 1 The punishment of these two felonies of Manslaughter in ones owne defence and manslaughter by misfortune is only the forfeiture of goods and chattels and the offendour is to sue forth his pardon of course 2. Manslaughter by misfortune 2. 3. Pettie Larceny under the value of 12.d in a man and under 10 s in a woman 3. The punishment of pettie Larceny is forfeiture of goods and chattels and whipping or imprisonment at the discretion of the Iudge if it be under 12.d for women if it exceed 12.d and be under 10 s to be burnt in the hand whipped and imprisoned at the discretion of the Iustices so as it exceed not a yeare Thirdly of Misprisions which are of three sorts that is 1. Of Treason 2. Of Felony 3. Other Misprisions     First of Treason viz. 1. The punishment of these Misprisions of Treason is forfeiture of goods chattels and the profits of lands during the life of the offendor and perpetuall imprisonment 1. Concealement of Treason after knowledge of the