Where a man is absolved, reconciled, or withdrawn from his obedience to the king, or promiseth obedience to any foreign power, it is treason. Where any jesuit, or any other priest ordained since the first year of the reign of Queen Elisabeth, shall come into or remain in any part of this realm, it is treason. Where any person, being brought up in a college of jesuits, or seminaries, shall not return within six months after proclamation made, and, within two days after his return, submit himself to take the oath of supremacy, if otherwise he do return, and not within six months after proclamation made, it is treason. Where a man, committed for treason, doth voluntarily break prison, it is treason. Where a jailer doth voluntarily permit a man committed for treason to escape, it is treason. Where a man relieveth or comforteth a traitor, and knoweth of the offence, it is treason. Where a man doth affirm or maintain any authority of jurisdiction spiritual, or doth put in ure or execute any thing for the advancement or setting forth thereof, the third time, it is treason. Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocese, if he be any ecclesiastical person; or by commission out of the chancery, if he be a temporal person: such offence the second time is treason. CHAP. II. The Punishment, Trial, and Proceedings in Cases of Treason. IN treason, the corporal punishment is by drawing on a hurdle from the place of the prison to the place of execution, by hanging and being cut down alive, bowelling and quartering, and in women, burning. In treason, there ensueth a corruption of blood in the line ascending and descending. In treason, lands and goods are forfeited, and inheritances, as well intailed as fee simple, and the profits of estates for life. In treason, the escheats go to the king, and not to the lord of the fee. In treason, the land forfeited shall be in the king's actual possession, without office... In treason, there be no accessaries, but all are principals." In treason, no sanctuary, nor benefit of clergy, or peremptory chal lenge, is allowed." In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict. In treason, no council is to be allowed, nor bail permitted to the party. In treason, no witnesses shall be received upon oath for the party's justification. In treason, if the fact be committed beyond the scas, yet it may be tried in any county where the king will award his commission. In treason, if the party be non sanæ memoriæ, yet if he had formerly confessed it before the king's council, and that it be certified that he was of good memory at the time of his examination and confession, the court may proceed to judgment, without calling or arraigning the party. In treason, the death of the party before conviction dischargeth all proceedings and forfeitures. In treason, if the party be once acquitted, he should not be brought in question again for the same fact. In treason, no new case not expressed in the statute of 25 Edward III, or made treason by any special statute since, ought to be judged treason, without consulting with the parliament. In treason, there can be no prosecution but at the king's suit, and the king's pardon dischargeth. In treason, the king cannot grant over to any subject power and authority to pardon it. In treason, a trial of a peer of the kingdom is to be, by special com mission, before the lord high steward, and those that pass upon him to be none but peers: the proceeding is with great solemnity, the lord steward sitting under a cloth of state, with a white rod of justice in his hand, and the peers may confer together, but are not any ways shut up; and are demanded, by the lord steward, their voices one by one, and the plurality of voices carries it. In treason, it hath been an ancient use and favour, from the kings of this realm, to pardon the execution of hanging, drawing, and quarter. ing; and to make warrant for their beheading. The proceeding, in case of treason, with a common subject, is in the king's bench, or by commission of Oyer and Terminer. CHAP. III. ·Cases of Misprision of Treason. WHERE a man concealeth high treason only, without any consort ing or abetting, it is misprision of treason. Where a man counterfeiteth any foreign coin of gold or silver, not current in the realm, it is misprision of treason. Where a man fixes an old seal to a new patent it is misprision of treason. CHAP. IV. The Punishment, Trial, and Proceedings in Cases of Misprision of Treason. THE punishment of misprision of treason is by perpetual imprisonment, loss of the issues and profits of their lands, during life, and loss of goods and chattels, The proceeding and trial is, as in cases of high treason. CHAP. V. Cases of Petty Treason. WHERE a servant killeth his master; the wife the husband; the spiritual man his prelate, to whom he is subordinate, and oweth faith and obedience; it is petty treason. Where a son killeth the father or mother, it hath been questioned, Whether it be petty treason, and the late experience and opinion seemeth to sway to the contrary, though against law and reason in my judgment. Where a servant killeth his, or her master or mistress, after they are out of service, it is petty treason. CHAP. VI. The Punishment, Trial, and Proceedings in Cases of Petty Treason. IN petty treason, the corporal punishment is by drawing on an hurdle, and hanging, and in a woman, burning. In petty treason, the forfeiture is the same with the case of felony. In petty treason, all accessaries are but in the case of felony. CHAP. VII. Cases of Felony. WHERE a man committeth murder, or homicide of malice prepensed, it is felony. Where a man committeth murder, that is breaking of an house, with an intent to commit felony, it is felony. Where a man committeth man-slaughter, that is homicide of sudden heat, and not of malice prepensed, it is felony. Where a man rideth armed with a felonious intent, it is felony. Where a man doth maliciously and feloniously burn any man's house, it is felony Where a man doth maliciously, &c. burn corn'upon the ground, or in stack, it is felony. Where a man doth maliciously cut out another man's tongue, or put out his eyes, it is felony. Where a man robbeth or stealeth, viz. taketh away another man's goods, above the value of twelve pence, out of his possession, with intent to conceal it, it is felony.. Where a man embezzleth and withdraweth any of the king's records at Westminster, whereby a judgment is reversed, it is felony. Where a man, having the custody of the king's armour, ammunition, or other habiliments of war, doth maliciously convey away the same, it is felony, if it be to the value of twenty shillings. Where a servant hath goods of his master's delivered unto him, and goeth away with them,, it is felony., Where a man conjures, or invokes wicked spirits, it is felony. Where a man doth use or practise witchcraft, whereby any person shall be killed, wasted, or lamed, it is felony. Where a man practiseth any witchcraft, to discover treasure hid, or to discover stolen goods, or to provoke unlawful love, or to impair or hurt any man's cattle or goods the second time, having been once before convicted of like offence, it is felony... Where a man useth the craft of multiplication of gold or silver, it is felony. Where a man receiveth a seminary priest, knowing him to be such a priest, it is felony. Where a man taketh away a woman against her will, not claiming her as his ward or bond-woman, it is felony. Where a man or woman marrieth again, his or her former husband or wife being alive, it is felony." Where a man committeth buggery, with man or beast, it is felony. Where any persons, above the number of twelve, shall assemble themselves with intent to put down inclosures, or bring down prices of victuals, &c. and do not depart after proclamation, it is felony. Where a man shall use any words to encourage or draw any people together, ut supra, and they do assemble accordingly, and do not depart after proclamation, it is felony. Where a man, being the king's sworn servant, conspireth to murder any lord of the realm, or any privy-counsellor, it is felony. Where a soldier hath taken any parcel of the king's wages, and departeth without license, it is felony. Where a recusant, which is a seducer, and persuader, and inciter of the king's subjects against the king's authority in ecclesiastical causes, or a persuader of conventicles, or shall refuse to abjure the realm, it is felony. Where vagabonds be found in the realm, calling themselves Egyptians, it is felony. Where a purveyor doth take without warrant, or otherwise doth offend against certain special laws, it is felony. Where a man hunts in any forest, park, or warren, by night or by day, with vizard, or other disguisements, and is examined thereof, and concealeth his fact, it is felony. Where one stealeth certain kind of hawks, it is felony. Where a man committeth forgery the second time, having been once before convicted, it is felony. Where a man transporteth rams, or other sheep, out of the king's dominions the second time, it is felony. Where a man, being imprisoned for felony, breaks prison, it is felony. Where a man procureth, or consenteth to felony to be done, it is felony, as to make him accessary before the fact. Where a man receiveth or relieveth a felon, it is felony, as to makè him accessary after the fact. Where a woman, by the constraint of her husband, in his presence, join th with him in committing of felony, it is not felony in her, neither as principal, nor as accessary. Homicide, or the killing of a man, is to be considered in four kinds, chance-medley, se defendendo, man-slaughter, and wilful murder. CHAP. VIII. The Punishment, Trial, and Proceedings in Cases of Felony. IN felony, the corporal punishment is hanging, and it is doubtful, whether the king may turn it into beheading in the case of a peer, or other person of dignity, because, in treason, the striking off the head is. part of the judgment, and so the king pardoneth the rest; but in felony, it is no part of the judgment, and the king cannot alter the execution of law; yet precedents have been both ways: If it be upon indictment, the king may, but upon an appeal he cannot. In felony there followeth corruption of blood, except it be in cases made felony by special statutes, with a proviso, that there shall be no corruption of blood. In felony, lands in fee-simple, and goods and chattels are forfeited, and the profits of estates for life are likewise forfeited, but not lands intailed: And by some customs, lands in fee-simple are not so forfeited: The father to the bough, as in gavelkind, in Kent, and other places. In felony, the escheats go to the lord of the fee, and not to the king, except he be lord: But profits for the estates for lives, or in tail, during the life of tenant in tail, go to the king; and the king hath likewise annum, & diem, & vastum. |