stant ordinances of law, but likewise forms of administration of law, such as are the commissions of the peace, the visitations of the provinces by the judges of the circuits, and the like. For these in my opinion, for the purpose now in hand, deserve a special observation, because they being matters of that tempoin rary nature, as they may be altered, as I suppose, either kingdom, without parliament, as to your majesty's wisdom may seem best; it may be the most profitable and ready part of this labour will consist in the introducing of some uniformity in them. To begin therefore with capital crimes, and first? that of treason. CASES OF TREASON. WHERE a man doth compass or imagine the death of the king, if it appear by any overt act, it is treason. Where a man doth compass or imagine the death of the king's wife, if it appear by an overt act, it is treason. Where a man doth compass or imagine the death of the king's eldest son and heir, if it appear by any overt act, it is treason. Where a man doth violate the king's wife, it is treason. Where a man doth violate the king's eldest daughter unmarried, it is treason. Where a man doth violate the wife of the king's eldest son and heir, it is treason. Where a man doth levy war against the king and his realm, it is treason. Where a man is adherent to the king's enemies, giving them aid and comfort, it is treason. Where a man counterfeiteth the king's great seal, it is treason. Where a man counterfeiteth the king's privy seal, it is treason. Where a man counterfeiteth the king's privy signet, it is treason. Where a man doth counterfeit the king's sign manual, it is treason.. Where a man counterfeits the king's money, it is treason. Where a man bringeth into the realm false money, counterfeited to the likeness of the coin of England, with intent to merchandise or make payment therewith, and knowing it to be false, it is treason. Where a man counterfeiteth any foreign coin current in payment within this realm, it is treason. Where a man doth bring in foreign 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, wash, 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 ways impair, diminish, falsify, scale, or lighten the king's money, or any foreign moneys current by proclamation, it is treason. Where a man killeth the chancellor, being in his place and doing his office, it is treason. Where a man killeth the treasurer, being in his place and doing his office, it is treason. Where a man killeth the king's justice in eyre, being in his place and doing his office, it is treason. Where a man killeth the king's justice of assize, being in his place and doing his office, it is treason. Where a man killeth the king's justice of Oyer and Terminer, being in his place and doing his office, it is treason. Where a man doth persuade or withdraw any of the king's subjects from his obedience, or from the religion by his majesty established, with intent to withdraw him from the king's obedience, it is treason. Where a man is absolved, reconciled, or withdrawn from his obedience to the king, or promiseth his obedience to any foreign power, it is treason. Where any Jesuit, or other priest ordained since the first year of the reign of queen Elizabeth, 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 seminary, 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, or be within the realm, it is treason. Where a man doth affirm or maintain any authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof, such offence, the third time committed, is treason. Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocese, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person; such offence the second time is treason. Where a man committed for treason doth voluntarily break prison, it is treason. Where a jailor doth voluntarily permit a man committed for treason to escape, it is treason. Where a man procureth or consenteth to a treason, it is treason. Where a man relieveth or comforteth a traitor, knowing it, it is treason. 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, and by hanging and being cut down alive, bowelling, and quartering: and in women by 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 lands forfeited shall be in the king's actual possession without office. In treason there be no accessaries, but all are principals. In treason, no benefit of clergy, or sanctuary, or peremptory challenge. In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict. In treason, bail is not permitted. In treason, no counsel is to be allowed to the party. In treason, no witness shall be received upon oath for the party's justification. In treason, if the fact be committed beyond the seas, yet it may be tried in any county where the king will award his commission. In treason, if the party be non sana 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 shall not be brought in question again for the same fact. In treason, no new case not expressed in the statute of 25 Ed. III. nor 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; and the proceeding is with great solemnity, the lord steward sitting under a cloth of estate 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 carrieth 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 treåson with a common subject is in the king's bench, or by commission of Oyer and Terminer. MISPRISION OF TREASON. WHERE a man concealeth high treason only, without any comforting 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. The punishment, trial, and proceeding in cases of misprision of treason. The punishment of misprision of treason is by perpetual imprisonment, loss of the issues of their lands during life, and loss of goods and chattels. The proceeding and trial is, as in cases of treason. In misprision of treason bail is not admitted. PETIT TREASON. Cases of petit treason. WHERE the servant killeth the master, it is petit treason. Where the wife killeth her husband, it is petit treason. Where a spiritual man killeth his prelate, to whom he is subordinate, and oweth faith and obedience, it is petit treason. Where the son killeth the father or mother, it hath been questioned whether it be petit treason, and the late experience and opinion seemeth to weigh to the contrary, though against law and reason in my judgment. |