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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A51706 Concerning penal laws a discourse, or charge at sessions in the burrough of Bridgewater, 12 July, 1680 / by Sir John Mallet, Kt. ... Mallet, John, Sir, 1622 or 3-1686. 1680 (1680) Wing M338; ESTC R4353 14,666 22

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and have them face to face Except in Cases of dangerous Conspiracies where it may be necessary to keep the Witnesses very secret till the matter be throughly examin'd and the danger prevented But regularly when the Party comes or is brought to Tryal the Witnesses if living ought to be present unless disabled by sickness or being beyond the Seas and in that case the cause of the Witnesses absence ought to be sufficiently proved by Oath and there must be other very clear plain and full Evidence against him or the Tryal to be put off till some other time The doing otherwise would perhaps be mistaken to be in imitation of some Ecclesiastical or Martial Foreign Laws whereof I forbear to say any thing but that I do not know by any positive Law of England the Party when he comes to his Tryal should be denyed to know the Witnesses against him and to have them face to face Now Gentlemen to what concerns your Town and Corporation to which I bear a most true and unfeigned respect and to you all What I am about to say is not out of any design to Ingratiate my self amongst you but because I think what I speak is very true I think you are as happy as any People or Corporation that I know of in the good choice of your Maiors and Aldermen who dwell among you and are your Magistrates in their respective Years and times of Government by their behaving themselves so worthily in their Magistracy that they preserve the good Reputation of your Town and the respect due unto themselves The Articles I shall now mention and recommend to the care and Enquiry of you Gentlemen of this Grand Jury are such matters as are ordinarily to be enquired at any of his Majesties Sessions of the Peace from the highest to the lowest Offences though some of the matters you are to Enquire of are of so high Nature that they are not to be tryed here but at the Assizes and other Courts Yet if you know of any such Offences you must acquaint us therewith and we will take care to transmit the Examinations and Offenders if any be here taken unto those places and Courts where they may have their Tryals and Punishment But for things within the power of this Court to hear and determine if you Indict the Persons and that they may be brought before us we will proceed against them according to the Law in such cases In the first place our Law intends the preservation of the Life and Person of the King Here I must tell you very truly That our King Charles the Second whose Life I pray God long preserve is the life and well-being of this Nation in respect of the Protestant Religion and our safety And I speak sincerely and without any base fawning flattery that I believe by what I have understood by some Honourable and knowing men for I do not frequent the Court yet am not altogether without having had some Opportunities to make my own Observations there that the King of His own self is of an extraordinary good and Gracious Nature a lover of the Protestant Religion and the welfare and happiness of his People And that in His own most Noble Disposition and ingenious readiness of Wit his Affability and natural Goodness he doth far excell all that are about him And I believe he doth therein excell all other Princes And that whatsoever he doth of His own self intend or purpose is meant by Him to be for the good and happiness of his Subjects And he doth infinitely deserve their Love and Duty mixt inseparably with the greatest Humility and most faithful Loyalty that good Subjects can express to a most Gracious King What Treasons are the Statute 25 Ed. 3. doth declare That To compass or Imagine the Death of the King To Levy War against him To Counterfeit his Great Seal or Privy Seal And to Counterfeit his Money To Kill the Lord Chancellor Judges or Justices of Oyer and Terminer being in their places doing their Office Are by that Statute declared to be Treason and to be punisht with Death and Forfeitures as therein mentioned And by a late Statute made in the Thirteenth Year of his Majesties Reign that now is It is Treason during this Kings Life to compass imagine or intend his Death or Destruction Wounding or Imprisonment or to deprive or depose him of his Kingly Name and Crown There are also Treasons by other Statutes 27 Eliz. If any Born within the Kings Dominions be a Jesuit ordained a Priest by the pretended Jurisdiction of Rome and come and remain in any of his Majesties Dominions it is Treason By 23 Eliz. and 3 Jac. It is Treason for any to bring Absolutions or to exercise power to absolve or to withdraw any of the Kings Subjects from their Allegiance and Obedience c. to reconcile them to the See of Rome The knowing of Treason and concealing it is call'd Misprision of Treason and to be punisht with Fine and Imprisonment Concerning Praemunire which I think proper in the next place to acquaint you with You are to know it is no new but a very ancient and necessary care and watchfulness provided by our Laws against the dangerous and encroaching Jurisdiction of the Popes and See of Rome which have always had designs against England our Laws and theirs being Incompatible For from the time of King Edward the third and the Reigns of the succeeding Kings there have been Laws made That if any of the Kings Subjects obtain provision or promotion to Benefices from the See of Rome or if any Appeal from the Kings Courts of Justice to the Court of Rome they shall be Imprisoned during life and forfeit their Lands and Goods and be out of the Kings Protection This is commonly call'd a Praemunire from the Words in the Laws and in the Process concerning it Of later times other Offences have been also very justly put under the same punishment Most of those Offences so to be punisht being concerning the introducing of the Popes pretended Jurisdiction and denying Allegiance to the King The particulars of those Offences being many and long as also other Offences that are Treason by Statutes you may best read the Statutes themselves for the more full knowledge of them and for bringing the Offenders to punishment The like Advice I give you of Looking upon the Statutes when there is any occasion to make Presentment against any Statute as well to avoyd Mistakes as also to save me the Labour and you the Time of mentioning all Offences against our Statutes and Acts of Parliament Concerning Felonies There are Felonies by the Common Law and also by Statutes but I shall not be able at this time to name them all to you and distinguish them severally But tell you that the Punishment and Sentence which the Law pronounceth on Felony is Death Yet in many Cases there is an ordinary Mercy allow'd which is call'd Benefit of Clergy But