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CASES OF TREASON. .

WRITTEN BY

SIR FRANCIS BACON, KNIGHT,

HIS MAJESTY'S SOLLICITOR-GENERAL. /

Printed at London, by the Assigns of John Moore, and are sold by Matthew Wał.

banck, and William Coke, Anno. 1641. Quarto, containing thirty-eight Pages,

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CHẬP.

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HERE a man doth compass or imagine the death of the king, the.

king's wife, the king's eldest son, and heir apparent, if it appear by any overt-act, it is treason.

Where a man doth violate the king's wife, the king's eldest daughter, unmarried, the wife of the king's eldest son, and heir apparent, it is treason.

Where a man doth levy war against the king in the realm, it is treason.

Where a man is adherent to the king's enemics, giving them aid and comfort, it is treasun.

Where a man counterfeiteth the king's great scal, privy signet, sign manual, it is treason ; likewise his money.

Where a man bringeth into this realm false money, counterfeited to the likeness of English, with intent to merchandise or make payment thereof, and knowing it to be false money, it is treason.

Where a man counterfeiteth any coin current in payment within this realm, it is treason).

Where a man doth bring in any money, being current within the realm, the same being false and counterfeit, with intent to utter it, and knowing the same to be false, it is treason.

Where a man doth clip, waste, round, or file any of the king's money, or any foreign coin, current by proclamation, for gain's sake, it is treason.

Where a man doth any way impair, diminish, falsify, scale, or lighten mopey current by proclamation, it is treason.

Where a man killeth the chancellor, the treasurer, the king's justices in Eyre, the king's justices of assizes, the justiços ef Oyer and Terminer, being in their several places, and doing their offices, it is treason.

Where a man procureth or consenteth to treason, it is treason.

Where a man doth persuade or withdraw any of the king's subjects from his obedience, or from the religion of his majesty established, with intent to withdraw any from the king's obedience, it is treason.

Where å man is absolved, reconciled, or withdrawn from his obe dience to the king, or promiseth obedience to any foreign power, it is treason.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 path 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. IT.

The Punishment, Trial, and Proceedings in Căses of Treason,

1 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 profils 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 prineipals, In treason, no sanctuary, nor benefit of clergy, or peremptory challenge, 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 commission, 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 quartering; 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 consorting 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.
In misprision of high treason, bail is not admitted.

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 pul 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 withdrawcth 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, censpireth to murder any lord of the rcalm, 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.

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