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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
A94815 Treasons by the laws of England 1661 (1661) Wing T2084; Thomason 669.f.26[60] 3,297 1

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TREASONS BY THE LAWS of ENGLAND WHereas many Persons of late have Transgressed against the Laws of the Land by open violence and committed Treason and Murther under the notion of Liberty of Conscience and pretence of reforming Religion and to the end that Offenders in the like and other cases may not plead ignorance of the said Laws established and confirmed by many Acts of Parliament it hath been thought necessary to publish a brief Collection of what is Treason by Law that so all being informed thereof no Person may unadvisedly fall into danger By the Statute of 25. of EdWard the 3. Cap. 2. First Cooke lib. 9. fol. 28. Dyer fol. 98. 1. Edw. 3. fol. 24. Brooks Treasons 1 2. C. To Compass or Imagine the death of our Soveraign Lord the King Queen or Prince or of any that is Heire Apparent to the Crown it is High Treason Note That by the Common Law before and at the time of making this Statute If a man had only imagined to Murder or Rob another and to that end had assaulted him though he killed him not nor took any thing from him yet was it Felony and to suffer death as in these two Cases following A mans Wife went away with her Avowterer and they compassed the death of her Husband and as he was riding towards the Sessions of Oyer and Terminer and Goal delivery Cookes Pleas Crown fol. 5. they assaulted him and strooke him with weapons that he fell down as dead whereupon they fled the Husband recovered and made Hue and Cry and came to the Sessions and shewed all this matter to the Justices and upon the Warrant of the Justices they were taken indicted and arraigned and all this special matter was found by Verdict and it was adjudged that the man should be hanged and the woman burnt In another Case a Youth was arraigned for that he would have stolen the goods of his Master and came to his Masters Bed where he lay a sleep and with a knife attempted with all his force to have cut his Throat and thinking that he had indeed cut it he fled and all this matter being found by special Verdict he was adjudged to be hanged Quia voluntas reputabitur pro facto the will being taken for the deed Cooks Pleas of the Crown fol. 5. If then to imagine only the death of a Subject be Felony with much Equity then have our Laws made it Treason to compass or imagine the death of the King who is the life and light of the Commonwealth c. without whom all things run into confusion as hath been too too wofully experienced of late Secondly To Levy War against the King c. in the Realm and proved by some overt act as to incite by Letters against the King or to provide weapons and the like it is High Treason For no Subject ought to levy War within the Realm without authority from the King for to him it only belongeth Stat. 25. Ed. 3. Bract. Lib. 3. fol. 118. Britt fol. 16. Fleta Lib. 1. cap. 21. F. N. B. 113. a. Inst 3. fol. 12. So that if many conspire to levy War and some of them do levy the same or appear in Arms according to the conspiracy this is High Treason in all for in Treason all be Principals and the War is said to be levyed by such a conspiracy Cooks Pleas 9. pag. If any with strength and weapons invasive or defensive do hold and defend any Castle Fort or the like against the King and his Power this is levying of War against the King and so is High Treason 3. Inst pag. 9. 10. If any levy War to expulse strangers or to deliver men out of Prison it is High Treason Inst 3. fol. 9. To Usurp the Royal Power is High Treason To raise force to remove Counsellors from the King is High Treason To alter the Established Laws by force in any part is High Treason To indeavour by force to any pretended Reformation is a levying of War against the King because they take upon them Royal Authority which is against the King and so is High Treason 3. Inst pag. 9. If two three or more do rise purposely to alter Religion established within this Realm or any Law or to go from Town to Town generally and to cast down Inclosures this is a levying of War within the Statute though there be no great number of the Conspirators because the pretence is publick and general and so it was adjudged by all the Judges of England Cooks Pleas fol. 9. 10. It was resolved also by all the Judges in the Raign of King Henry the Eighth that an Insurrection against the Statute of Labourers for the inhancing of Salaries and Wages was a levying of War against the King because it was generally against the Kings Laws and the Offenders took upon them the Reformation thereof which Subjects by gathering of Power ought not to do Vide Cooks Pleas. Title High Treason 3. Inst 10. pag. Thirdly Brooks Treasons 1. 13. Fitz. Tryal 54. ● 3. ca. 2. To be adherent to the Kings Enemies is High Treason As to be Aider Comforter or Assistant either within the Realm or elsewhere The Delivery or Surrender of the Kings Castles Forts or the like to the Kings Enemies either within the Realm or without is an adhering to the Kings Enemies and so it is High Treason Rot. Parl. 7. R. 2. num 15 17. 24. 7. H. 4. 47. Where a man procureth or consenteth to Treason 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 Traytor knowing of the offence it is Treason 3. Inst 129. pag. And knowing of Treason hereby without aiding or concealing the Traytor is Misprision of Treason and to suffer Imprisonment during life Fourthly To Violate the Kings Wife the Kings Eldest Daughter unmarried the Wife of the Kings Eldest Son and Heire Apparent it is High Treason Fifthly The Counterfeiting of the Kings Coine without utterance thereof it is High Treason Stamf. 3. c. If any bring false Money into the Realm or Counterfeit to the likeness of English Money with intent to utter it knowing it to be counterfeit it is High Treason 3. Inst 17. 1. 2. P. M. 11. To Clip Wash Round File the Money of England it is High Treason 5. Eliz. cap. 11. Or to impaire diminish falsifie scale or lighten the Kings Money by any wayes or means whatsoever it is High Treason 18. Eliz. 1. Sixthly To Counterfeit the Kings Great Seal Privy Signet Signe Manual it is High Treason 1. M. 6. Seventhly To kill the Chancellor Treasurer Iustices of the one Bench and the other Iustices of Eyre Iustices of Assize Iustices of Oyer and Terminer c. in their places performing their Offices it is High Treason and the reason is because sitting judicially in their places that is in the Kings Courts and doing their Office in administration of Justice they represent the Kings Person who by his Oath is bound that the same be done Lastly Maintaining or Extolling the Authority of the Bishop or Sea of Rome in the Kings Dominions the second offence it is Treason in obtaining of Bulls or Instruments from It c. is Treason 13. Eliz. 2. 5. Cooks Pleas 2. 5. Eliz. 1. Perswading or reconciling or for being reconciled to the Roman Religion it is High Treason 13. Eliz. 1. 3. Jac. 4. Where any Jesuite or any other Priest Ordained since the first year of the Reign of Queen Eliz. shall come into or remain in any part of this Realm it is High Treason 17. Eliz. 2. Where any person brought up in a Colledge of Jesuites or Seminaries and shall not return within six moneths after Proclamation made or within two dayes after his return submit himself to take the Oath of Supremacy it is High Treason 27. Eliz. 2. Note That every man as soon as he is born oweth Legiance to the King in whose Realm he is born and are obliged and bound as virtually by implication of the Law as if they had expresly sworn The Law presuming every one to be sworn 2. That the administring of the Oath of Allegiance at Court Leets to all persons of 12. years of age is to mind them of and oblige them to their duty 3. He that taketh an Oath to the present King is obliged by that Oath to his Successours because by the Laws of the Land the King never dies 4. That the King is absolute King before Coronation for by the Laws of England there is no Inter-Regnum and Coronation is but a Solemnity of Honour and so it was adjudged by all the Judges of the Land Hill 1. Jacob. in the Case of Watson and Clarke Seminary Priests for by the Laws there is alwayes a King in whose name the Laws are to be maintained and executed otherwise Justice would fall 9. Ed. 4. 1. b. 5. That all persons as well Ecclesiastical as Civil As well of one Sex as the other are lyable to the penalty of the Statute 6. All men within the Realm of England and whose Soveraigns are in amity with the King of England are within the Protection of the King and if they commit High Treason against the King they shall be punished as Traytors LONDON Printed by Roger Norton for Robert Pawley at the Rain-Bow in Fleetstreet 1660.