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war_n death_n king_n treason_n 2,761 5 9.5559 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A29654 The reading of M. Robert Brook ... upon the stat. of Magna Charta, chap. 16 Brooke, Robert, Sir, d. 1558. 1641 (1641) Wing B4896; ESTC R19696 12,727 28

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THE READING OF M. ROBERT BROOK SERIEANT of the Law and RECORDER of LONDON Upon the Stat. of MAGNA CHARTA CHAP. 16. LONDON Printed by M. FLESHER and R. YOUNG and are sold by Laurence Chapman and William Coke Anno 1641. The Contents Chap. I. OF high Treason pag. 1 Chap. II. of petie Treason pag. 3 Chap. III. of Murder Manslaughter and what not pag. 4 Chap. IIII. What acts and misdemeanours may bee called Robbery and what not and what Felony and what Burglary pag. 9 Chap. V. Accessaries and good Indictments c. pag. 14 Chap. VI Arraignment of Felons and what pleas they shall have and what not and where they shall bee put to penance and where not and where a man shall bee arraigned twice for one Felony and where ones life shall be put twice in jeopardy for one felony pag. 19. The Reading of Mr. ROBERT BROOKE Serjeant of the Law and Recorder of London upon the Stat. of Magna Charta the seventeenth Chapter CHAP. I. of high Treason INprimis If any man imagine the death of the King or of the Prince or Princesse or of any that is Heire apparent to the Crowne it is high Treason If any keep warre against the King in his Realme it is high Treason by the Stat. of 25. E. 3. If any bee ayders or assistants to the Kings enemies either within the Realme or elsewhere it is high Treason If any affirme by writing or other act that the King is not supreme Head of the Church of England or if any imagine to deprive the King of his estate Royall or of the titles of his Realme it is high Treason If any to whom the Crowne is committed by Act of Parliament usurpe it or demeane it in other manner then is expressed in the Act or will keepe the King from it it is high Treason by Stat. If any man kill the Chancellor or Treasurer or any of the Justices of one Bench or other Justices of Oyer Justices of Assize or of Oyer and Terminer sitting in their Offices it is high Treason If any counterfeit the Kings Seale manuall Privy Seale or his Signet it is high Treason If any countefeit the Kings coyne of this Realm or of any other coyne currant in England or clip wash file round or diminish the said coyne it is high Treason If any man bring false money or counterfeit into England having knowledge of that money to bee counterfeit it is high Treason If any man kill the Kings Messenger in his message it is high Treason If any man kill one that rideth with men to aide the King it is high Treason CHAP. II Of petie Treason IF the Wife kill the Husband or the Husband the Wife or the Servant his Master or Mistris this is petie Treason A woman of the age of thirteene yeeres killeth her Mistris this is petie Treason but shee shall not bee hanged and drawne but burnt The Servant procureth another to kill his Master which killeth him it is not petie Treason in the Servant for the principall is no Traytor and the accessary is no ways cast and so they be both Felons A man beateth his servant which departeth from him and after the end of his terme hee killeth him that was his Master in revenging his old quarrell this is petie Treason for the murder cometh of the malice that began in his service A man marryeth his cousin and she killeth him this is not petie Treason for they were never lawfully marryed A man retaineth J. at S. to bee his Steward of his Courts and hee killeth his Master this is not Treason for hee is no servant that oweth to his Master obedience as is contained in the Statute of 25. E. 3. If an infant of the age of ten yeares marry a wife of the age of nine yeeres and shee killeth her husband this is petie Treason for at that age shee shall bee endowed A man retaining a woman for 40. s. a yeere to bee his Concubine and shee kill him this is no Treason for the retaining was not lawfull and therefore shee was not his servant The Husband and the Wife bee divorced causâ frigiditatis and after shee killeth her Husband this is petie Treason for that is but a divorce from table and bed and matrimony doth continue and therefore shee ought to bee faithfull and obedient The Husband and the Wife bee divorced causâ consanguinitatis and after shee killeth her Husband this is no Treason for the marriage was against the Law A man marryeth with a Turke or a Jew and shee kils him this is no Treason for the marriage was unlawfull A Villein killeth his Master this is no Treason The Tenant doth homage unto his Lord and after killeth him this is no Treason A man hireth an infant of the age of 10. yeeres and hee killeth his Master this is not Treason for the retaining was voyd CHAP. III. Of Murder Manslaughter and what not WHat shall bee said Murder and what Manslaughter and where a man may justifie the killing of a man A man is indicted of felony and a Cap ' is awarded to take him and hee resisteth if the Officer kill him hee may justifie it if he could not otherwise take him The Gaoler cometh into the prison and findeth his prisoners at large and breaking their fetters if hee kill them hee may justifie that act if hee could not otherwise take them A prisoner in ward for felony breaketh the prison and escapes and I. S. cometh to him and cannot take him but by killing of him and so doth kill him this is justifiable Two women fight and I. S. cometh to part them and one of them striketh I. S. and killeth him without malice this is manslaughter and felony and shee shall die for it for shee seeth I. S. But quere if shee had stroke him behinde his back if it had been felony or not A thiefe cometh to the house of I. S. and setteth fire on it and I. S. shooteth at him and killeth him this is neither felony murder nor manslaughter The Master and the Servant riding by the way a thiefe assaulteth the Master and striketh the Master to death the servant hastily to rescue his Master killeth the thiefe this is neither murder nor manslaughter A thiefe assaulteth I. S. to rob him and I. S. killeth him this is neither murder nor manslaughter A man goeth in an high way within a Parke and the Keeper hath malice towards him and cryeth to yeeld and hee will not but standeth at defence and the Keeper killeth him this is felony of his death An Infant within the age of discretion that is nine yeeres killeth his companion and after excuseth himselfe this is felony of death for by the excusing of himselfe it doth appeare that hee hath discretion to know good from evill A man non sanae memoriae killeth a man this is no