CASES OF TREASON.  
Written BY SIR FRANCIS BACON, KNIGHT, HIS majesty's Solicitor general.  
LONDON, Printed by the assigns of JOHN MORE, and are sold by Matthew Walbancke, and William Coke. Anno 1641.   

The Contents.  

Chap. I. CAses of Treason. pag. 1.  
Chap. II. The punishment, trial, and proceeding in cases of Treason. pag. 4.  
Chap. III. Cases of Misprision of Treason. pag. 6.  
Chap. iv. The punishment, trial, and proceeding in cases of Misprision of Treason. Ibid.  
Chap. V. Cases of petty Treason. pag. 7.  
Chap. VI. The punishment, trial, and proceedings in cases of petty Treason. Ibid.  
Chap. VII. Cases of felony. pag. 8.  
Chap. VIII. The punishment, trial, and proceedings in cases of felony. pag. 11.  
Chap. ix.. Cases of Felony de se, with the punishment, trial, and proceedings. pag. 14.  
Chap. X. Cases of praemunire. Ibid.  
Chap. XI. The punishment, trial, and proceeding in cases of praemunire. pag. 16.  
Chap. XII. Cases of Abjuration and Exile, and the proceedings therein. Ibid.  
Chap. XIII. Cases of heresy, and the trial and proceedings therein. pag. 18.  
Chap. XIIII. The King's Prerogative in Parliament. Ibid.  
Chap. XV. The King's Prerogative in matters of war or Peace. pag. 19  
Chap. XVI. The King's Prerogative in matters of moneys. pag. 20.  
Chap. XVII. The King's Prerogative in matters of Trade and traffic. Ibid.  
Chap. XVIII. The King's Prerogative in the persons of his Subjects. pag. 21.  
Chap. XIX. An Answer to the Question proposed by Sir Alexander Hay Knight, touching the Office of Constables. pag. 22.  
Chap. XX. Three ends of the Institution of the Court Leete. pag. 24.  
Chap. XXI. The jurisdiction of justices itinerantes in the Principality of Wales. pag. 31.    

CASES OF TREASON.  

CHAP. I.  
WHere a man doth compass or imagine the death of the King, the King's Wife, the Kings 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 Kings eldest daughter, unmarried, the Wife of the Kings 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 enemies, giving them aid and comfort, it is Treason.  
Where a man counterfeiteth the King's great seal, 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 currant in payment within this realm, it is Treason.  
Where a man doth bring in any money being currant 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, currant by Proclamation, for gains sake, it is Treason.  
Where a man doth any way impair, diminish, falsify, scale or lighten money currant by Proclamation, it is Treason.  
Where a man killeth the Chancellor, the Treasurer, the King's Justices in Eire, the King's Justices of assizes, the Justices of 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 by his majesty established, with intent to withdraw any from the King's obedience, it is Treason.  
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 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 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 jailor 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 proceeding 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 entailed 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 challenge is allowed.  
In Treason, if the party stand mute, yet nevertheless judgement 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 seas, yet it may be tried in any County where the King will award his Commission.  
In Treason, if the party be non sanae memoriae, 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 judgement without calling or arraigning the party.  
In Treason, the death of the party before conviction dischargeth all proceedings and forfeitures.  
In Treason, if the parties 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. E. 3. or made Treason by any special Statute since, aught 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 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 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 currant 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 proceeding 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 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 judgement.  
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 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 manslaughter, 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 12. d. out of his possession, with intent to conceal it, it is felony.  
Where a man imbezileth and withdraweth any of the King's Records at Westminster, whereby a judgement is reversed, it is felony.  
Where a man having the custody of the King's Armour, Munition, or other Abiliments of war, doth maliciously convey away the same, it is felony, if it be to the value of 20. shillings.  
Where a Servant hath goods of his Masters, 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 disover 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 bondwoman, 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 enclosures, 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 Kings sworn servant, conspireth to murder any Lord of the realm, or any privy councillor, it is felony.  
Where a soldier hath taken any parcel of the King's wages, and departeth without licence, it is felony.  
Where a Recusant, which is a seducer, and persuader, and enciter 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 make him accessary after the fact.  
Where a woman, by the constraint of her husband, in his presence, joineth 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 defendo.  
Manslaughter.  
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 Judgement, and so the King pardoneth the rest: but in felony, it is no part of the judgement, 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 entailed: And by some customs lands in fee simple are not so forfeited; 
The Father to the bough,  
The son to the Plough,  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.  
In felony, lands are not in the King before Office, nor in the Lord before entry or recovery in a writ of escheat, or death of the party attainted.  
In felony, there can be no proceeding with the accessary before there be a proceeding with the principal: If he die, or plead his pardon, or have his clergy before attainder; the accessary can never be dealt with.  
In felony, if the party stand mute, and will not put himself upon trial, or challenge peremptorily above that the law allows, he shall have judgement not of hanging, but of penance of pressing to death; but there he saves his lands and forfeits only his goods.  
In felony, at the common law, the benefit of clergy or Sanctuary was allowed; but now by Stat. it is taken away in most cases.  
In felony, bail may be admitted where the fact is not notorious, and the person not of ill name.  
In felony, no council is to be allowed to the party, no more than in treason.  
In felony, if the fact be committed beyond the Seas, or upon the Seas, super altum mare, there is no trial at all in one case, nor by course of Jury in the other, but by the Jurisdiction of the Admiralty.  
In felony, no witness shall be received upon oath for the party's Justification, no more than in treason.  
In felony, if the party be non sonae memoria, although it be after the fact, he cannot be tried nor adjudged, except it be in course of Outlawry, and that is also erroneous.  
In felony, the death of the party before conviction dischargeth all proceedings and forfeitures.  
In felony, if the party be once acquit, or in peril of Judgement of life lawfully he shall never be brought in question again for the same fact.  
In felony, the prosecution may be either at the King's suit, or by way of appeal; the defendant shall have his course, and produce witnesses upon oath, as in civil causes.  
In felony, the King may grant halt justice to a subject, with the Regality of power to pardon it.  
In felony, the trial of peers is all one as in case of treason.  
In felony, the proceedings are in the King's Bench, or before Commissioners of Oyer and Terminer, or of Gaol delivery, and in some case before Justices of the Peace.   

CHAP. ix.. Cases of Felony de se, with the punishment, trial, and proceedings.  
IN the civil law, and other laws, they make a difference of cases of felony de se; for where a man is called in question upon any capital crime, and killeth himself to prevent the law, there they give the judgement in all points of forfeiture, as if they had been attainted in their life time: And on the other side, where a man killeth himself upon impatience of sickness, or the like, they do not punish it at all: but the law of England taketh it all in one degree, and punisheth only with loss of goods to be forfeited to the King, who generally grants them to his Almoner, where they be not formerly granted unto special liberties.   

CHAP. X. Cases of praemunire.  
WHere a man purchaseth or accepteth any provision, that is, collation of any spiritual benefice or living from the Sea of Rome, it is praemunire.  
Where a man shall purchase any process to draw any people of the King's allegiance out of the realm, in plea whereof the cognizance pertains to the King's Court, and cometh not in person to answer his contempt in that behalf before the King and his council, or in his Chancery, it is praemunire.  
Where a man doth sue in any Court which is not the King's Court, to defeat or impeach any judgement given in the King's Court, and doth not appear to answer his contempt, it is praemunire.  
Where a man doth purchase or pursue in the Court of Rome, or elsewhere, any process, sentence of excommunication, bull, or instrument, or other thing which toucheth the King in his Regality, or his realm in prejudice, it is praemunire.  
Where a man doth affirm or maintain any foreign kind of Jurisdiction spiritual, or doth put in ure or execution any thing for the advancement or setting forth thereof; such offence the second time committed is praemunire.  
Where a man refuseth to take the oath of Supremacy being tendered by the Bishop of the diocese, if it be an ecclesiastical person; or by a Commission out of the Chancery, if it be a temporal person, it is praemunire.  
Where a Dean and Chapter of any Church upon the congee de liar of an Archbishop or Bishop doth refuse to elect any such Archbishop or Bishop as is nominated unto them in the King's Letters missive, it is praemunire.  
Where a man doth contribute or give relief to any Jesuit or Seminary Priests, or to any person brought up therein, and called home, and not returning, it is case of praemunire.  
Where a man is a Broker of an usurious contract above ten in the hundred, it is praemunire.   

CHAP. XI. The punishment, trial, and proceeding in cases of praemunire.  
THe punishment is by imprisonment during life, forfeiture of goods, forfeiture of lands in fee simple, and forfeiture of the profits of lands entailed, or for life.  
The trial and proceeding is as in cases of misprision of Treason, and the trial is by Peers where a Peer of the realm is the offender.  
Striking any man in the face of the King's Courts, is forfeiture of lands, perpetual imprisonment, and loss of that hand.   

CHAP. XII. Cases of Abjuration and Exile, and the proceedings therein.  
WHere a man committeth any felony, for the which at this day he may have privilege of Sanctuary, and confesseth the felony before the Coroner, he shall abjure the liberty of the realm, and choose his Sanctuary; and if he commit any new offence, or leave his Sanctuary, he shall lose the privilege thereof, and suffer as if he had not taken Sanctuary.  
Where a man not coming to the Church, and being a Popish Recusant, doth persuade any the King's subjects to impugn his majesty's Authority in causes ecclesiastical, or shall persuade any subject to come to any unlawful conventicles, and shall not after conform himself within a time, and make his submission, he shall abjure the realm, and forfeit his goods and lands during life; and if he depart not within the time prefixed, or return, he shall be in the degree of a Felon.  
Where a man being a Popish Recusant, and not having lands to the value of 20. Marks per annum, nor goods to the value of 40. l. shall not repair to his dwelling, or place where he was borne, and there confine himself within the compass of five miles, he shall abjure the realm; and if he return, he shall be in case of a Felon.  
Where a man kills the King's deer in Chases or forests, and can find no sureties after a years imprisonment, he shall abjure the realm.  
Where a man is a trespasser in Parkes, or in Ponds of fish, and after three years' imprisonment cannot find sureties, he shall abjure the realm.  
Where a man is a Ravisher of any child whose marriage belongs to any person, and marrieth the said child after years of consent, and is not able to satisfy for the marriage, he shall abjure the realm.   

CHAP. XIII. Cases of heresy, and the trial and proceedings therein.  
THe declaration of heresy, and likewise the proceedings and judgement upon heretics is by the common laws of this realm referred to the Jurisdiction ecclesiastical, and the secular arm is reached to them by the common laws, and not by any Statute for the execution of them by the King's writ de Haeretico comburendo.   

CHAP. XIIII. The King's Prerogative in Parliament.  
THe King hath an absolute negative voice to all bills that pass the Parliament, so as without his royal assent they have a mere nullity, and not so much as Authoritas praescripta, or Senatus consulta had, notwithstanding the intercession of Tribunes.  
The King may summon Parliaments, dissolve them, prorogue them, and adjourn them at his pleasure.  
The King may add voices in the Parliament at his pleasure, for he may give privilege to Borough towns as many as he will, and may likewise call and create Barons at his pleasure.  
No man can sit in Parliament except he take the oath of allegiance.   

CHAP. XV. The King's Prerogative in matters of war or Peace.  
THe King hath power to declare and proclaim war, and to make and conclude peace and truce at his pleasure.  
The King hath power to make leagues and confederacies with foreign States, more straight and less straight, and to revoke and disannul them at his pleasure.  
The King hath power to command the bodies of his Subjects for the service of his wars, and to muster, train, and levy men, and to transport them by sea or land at his pleasure.  
The King hath power in time of war to execute martial Law, and to appoint all Officers of war at his pleasure.  
The King hath power to grant his Letters of Mart and reprisal for remedy to his Subjects upon foreign wrongs, at his pleasure.  
The King hath power to declare laws by his Letters Patents for the government of any place conquered by his arms, at his pleasure.  
The King may give knighthood, and thereby enable any subject to perform Knights service, at his pleasure.   

CHAP. XVI. The King's Prerogative in matters of moneys.  
THe King may alter his standard in baseness or fineness of his coin at his pleasure.  
The King may alter his stamp in form at his pleasure.  
The King may alter the valuations of his coin, and raise and fall moneys at his pleasure.  
The King by his Proclamation may make moneys of his own currant, or not currant, at his pleasure.  
The King may take or refuse the Subjects bullion and coin, more or less money.  
The King by his Proclamation may make foreign money currant, or not currant.   

CHAP. XVII. The King's Prerogative in matters of Trade and traffic.  
THE King may constrain the person of any of his subjects not to go out of the realm at all.  
The King may restrain any of his subjects to go out of the realm into any special part foreign.  
The King may forbid the exportation of any commodities out of the realm.  
The King may forbid the importation of any commodities into the realm.  
The King may set a reasonable Impost upon any foreign wares that come into the realm, and so of native wares that go out of the realm.   

CHAP. XVIII. The King's Prerogative in the persons of his Subjects.  
THe King may create any Corporation or body politic, and enable them to purchase, and grant, and to sue, and be sued, and that with such restrictions and modifications as he pleases.  
The King may denizen and enable any foreigner for him and his descendents after the Charter, though he cannot naturalize nor enable him to make pedigree from Ancestors Paramount.  
The King may enable any attainted person (by his Charter of pardon) to purchase, and to purge his blood for the time to come, though he cannot restore his blood for the time past.  
The King may enable any dead person in law, as men professed, to take and purchase to the King's benefit.   

CHAP. XIX. An Answer to the Question proposed by Sir Alexander Hay Knight, touching the Office of Constables.  
1. TO the first, Of the original of the Authority of Constables, it may be said, Caput inter nubila condit, for the authority was granted upon the ancient laws and customs of this kingdom practised long before the Conquest, and intended and instituted for the conservation of the peace, and repressing of all manner of disturbance and hurt of the people, and that as well by way of prevention as punishment; but yet so, as they have no judicial power, to hear and determine any cause, but only a ministerial power, as in the answer of the seventh Article more at large is set down.  
As for the Office of the High Constable, the original of that is yet more obscure; for though the High constable's Authority hath the more ample circuit, he being over the Hundred, and the petty Constable over the Village; yet I do not find that the petty Constable is subordinate to the High Constable, or to be ordered or commanded by him: and therefore, I doubt, the High Constable was not ab origine, but that when the business of the Country increased, the authority of the Justices of peace was enlarged by divers Statutes, then, for conveniency sake the Office of High Constables grew in use for the receiving of the commands and precepts from the Justices of peace, and distributing them to the petty Constables; and in token of this, the election of High Constables in most parts of the kingdom is by the appointment of the Justices of peace, whereas the election of the petty Constable is by the people.  
But there be two things unto which the Office of Constable hath special reference, and which of necessity, or at least a kind of congruity, must precede the Jurisdiction of that Office, either the things themselves, or somewhat that hath a similitude or analogy towards them.  
1. The one is the division of the Territory, or gross of the Shires into Hundreds, Villages, and towns; for the High Constable is Officer over the Hundred, and the petty Constable is over the town or Village.  
2. The other is the Court Leete, unto which the Constable is a proper attendant and minister, for there the Constables are chosen by the Jury, there they are sworn, and there that part of their Office which concerneth information is principally to be performed; for the Jury is to present offences, and the offenders are chiefly to take light from the Constables of all matters of disturbance and nuisance of the people, which they (in respect of their Office) are presumed to have best and most particular knowledge of.   

CHAP. XX. Three ends of the Institution of the Court Leete.  
1. THe first end of the institution of the Court Leet is, To take the oath of allegiance of all males above the age of twelve years.  
2. The second, To inquire of all offences against the peace; and for those that are against the crown and Peace both, to inquire of only, and certify to the Justices of gaol delivery; but those that are against the peace simply, they are to inquire and punish.  
3. The third is, To inquire of, punish, and remove all public nuisances and grievances concerning infection of air, corruption of victuals, ease of chaffer, and contract of all other things that may hurt or grieve the people in general, in their health, quiet, and welfare.  
And to these three ends, as matters of policy subordinate, the Court Leet hath power to call upon the pledges that are to be taken for the good behaviour of the resiants that are not tenants, and to inquire of all defaults of Officers, as Constables, Ale-tasters, &c. and for choice of Constables, as aforesaid.  
The jurisdiction of these Leets is ever remaining in the King, and in that case exercised by the sheriff in his turn, which is the grand Leete, granted over to subjects; but yet it is still the King's Court.  
2. To the second, as was said, The election of the petty Constable is at the Court Leet by the Inquest that makes the presentments; the election of the head Constables is by the Justices of the peace at their quarter Sessions.  
3. To the third, The Office is annual, except they be removed.  
4. To the fourth, They be men (as it is now used) of inferior, yea, of base condition, which is a mere abuse or degenerating from the first institution; for the petty Constables in towns ought to be of the better sort of resiants in the said town, save that they ought not to be aged, or sickly, but men of able bodies in respect of the keeping watch and toil of their place, neither ought they to be in any man's livery: And the high Constables ought to be of the ablest sort of freeholders, and of the substantialest sort of Yeomen, next to the degree of Gentlemen; but they ought to be such as are not encumbered with any other Office, as Maior, undersheriff, bailiff, &c.  
5. To the fifth, They have no allowance, but are bound by duty to perform their Offices gratis, which may the rather be endured, because it is but annual, and they are not tied to keep or maintain any servants or underministers, for that every one of the King's people are bound to assist them.  
6. To the sixth, Upon complaint made (of his refusal) to any one Justice of peace, the said Justice may bind him over to the Sessions, where (if he cannot excuse himself by some just allegation) he may be fined and imprisoned for his contempt.  
7. To the seventh, The authority of Constables, as it is substantive, and of itself, or substituted, and astricted to the warrants and commands of the Justices of peace; so again it is original, or additional; for either it was given them by the common Law, or else annexed by divers statutes. And as for subordinate power, wherein the Constable is only to execute the commandments of the Justices of peace, and likewise the additional power which is given by divers Statutes, it is hard to comprehend them in any brevity; For that they do correspond to the Office and Authority of the Justices of peace, which is very large, and are created by the branches of several Statutes, which are things of divers and dispersed natures: But for the original and substantive power of a Constable, it may be reduced to three heads: 

1. For matter of peace only.  
2. For matter of peace and the crown.  
3. For matter of nuisance, disturbance, and disorder, although they be not accompanied with violence and breach of peace.    
For pacifying of quarrels begun, the Constables may upon hot words given, or likelihood of breach of peace to ensue, command them in the King's name to keep the peace, and depart, and forbear: And so he may where an affray is made, part the same, and keep the parties asunder, and arrest and commit the breakers of the peace, if they will not obey, and call power to assist him for the same purpose.  
For punishment of breach of peace past, the law is very sparing in giving any authority to Constables, because he hath no power judicial, and the use of his Office is rather for preventing or staying of mischief, then for punishing of offences; for in that part he is rather to execute the Warrants of the Justices, or when sudden matter ariseth upon his view, or notorious circumstances, to apprehend offenders, and carry them before the Justice of peace, and generally to imprison in like cases of necessity, where the case will not endure the present carrying before the Justices. And thus much for the matters of peace.  
For matters of the crown, the Office of the Constable consisteth chiefly in four parts: 

1. The first is Arrest.  
2. The second is Search.  
3. The third is hue and Cry.  
4. And the fourth is Seizure of Goods.    
All which the Constable may perform of his own authority, without any warrant of the Justices of peace.  
1. For first, If any man will lay murder or felony to another's charge, or do suspect him of murder or felony, he may declare it to the Constable, and the Constable ought upon such declaration or complaint, carry him before a Justice, and if by common voice or fame any man be suspected, the Constable of duty ought to arrest him, and bring him before a Justice, though there be no other accusation.  
2. If any house be suspected for the receiving or harbouring of any felon, the Constable, upon complaint or common fame, may search.  
3. If any fly upon the felony, the Constable ought to raise hue and cry, and search his goods, and keep them safe without impairing, and to inventory them in the presence of honest neighbours.  
4. For matters of common nuzance and grievance, they are of a very variable nature, according to the several comforts which man's life and society requireth, and the contraries which infest the same.  
In all which, be it matter of corrupting air, water, or victuals, or stopping, straightning, or endangering passage, or general deceits in weights, measures, sizes, or counterfeiting wares, and things vendible; the Office of the Constable is to give (as much as in him lies) information of them, and of the offenders in Leets, that they may be presented, But because Leets are kept but twice in the year, and many of these things require present or speedy remedy, the Constable in things of notorious and vulgar nature, aught to forbid and repress them in the mean time.  
8. To the eighth, They are for their contempt to be fined and imprisoned by the Justices in their Sessions.  
9 To the ninth: The Oath they take is in this manner.  
You shall swear, that you shall well and truly serve the King, and the Lord of this Law-day; and you shall cause the peace of our Lord the King to be well and duly kept, to your power: And you shall arrest all those that you see committing riots, debates, and affrays in breach of peace: And you shall well and duly endeavour yourself to your best knowledge, that the Statutes of Winchester for Watch, hue and Cry, and the Statutes made for the punishment of sturdy beggars, vagabonds, rogues, and other idle persons coming within your Office be truly executed, and the offenders punished: And you shall endeavour, upon complaint made, to apprehend barrators and riotous persons making affrays, and likewise to apprehend Felons; and if any of them make resistance with force and multitude of misdoers, you shall make outcry, and pursue them till they be taken; and shall look unto such persons as use unlawful games; and you shall have regard unto the maintenance of artillery; and you shall well and duly execute all process and precepts sent unto you from the Justices of peace of the County; and you shall make good and faithful presentments of all bloodsheds, out-cries, affrays, and rescues made within your Office; and you shall well and duly, according to your power and knowledge, do that which belongeth to your Office of Constable, to do for this year to come. So help &c.  
10. To the tenth, The authority is the same in substance, differing only in extent; The petty Constable serving only for one town, Parish, or Borough, the head Constable serving for the whole Hundred; Neither is the petty Constable subordinate to the head Constable for any commandment that proceeds from his own authority; but it is used, that the precepts of the Justices be delivered unto the high Constables, who being few in number, may better attend the Justices, and then the head Constables, by virtue thereof, make their precepts over to the petty Constables.  
11. To the eleventh, In case of necessity he may appoint a deputy, or in default thereof, the Steward of the Court Leet may; which deputy ought to be sworn.  
Now to conclude, the Office of Constables consists wholly in these three things; viz.  
Their Office concerning 

1. The conservation of the peace.  
2. The serving the Precepts and Warrants of the Justices.  
3. Their attendance for the execution of Statutes.     

CHAP. XXI. Of the jurisdiction of justice's itinerantoes in the Principality of Wales.  
THese Justices have power to hear and determine all criminal causes, which are called in the laws of England, the Pleas of the crown; and herein they have the same jurisdiction that the Justices have in his majesty's Bench, 
King's Bench.  commonly called the Kings Bench.  
They have jurisdiction to hear and determine all civil causes which are called in the laws of England, 
Common Pleas.  Common Pleas; and do take knowledgement of all fines levied of lands or hereditaments, without suing out any Dedimus potestatem; and herein they have the same jurisdiction that the Justices of the common Pleas do execute at Westminster.  
Also they may hear and determine all assizes upon disseisines of lands or hereditaments, wherein they equal the jurisdiction of the Justices of assize. 
Just. of assize.   
Justices of Oyer & Terminer may hear and determine all notable violences and outrages perpetrated or done within their several precincts of the principality of Wales.  
The Prothonotary his Office is to draw all pleadings, and to enter and engross all Records and Judgements in civil causes. 
In the King's gift.   
The Clerk of the crown his Office is to draw and engross all proceedings, arraignements, and judgements in criminal causes.  
The marshal, whose Office is to attend the persons of the Judges at their coming, sitting, and going from the Sessions or Court. 
In the disposing of the Judge.   
The Crier, he is tanquam publicus Praeco, to call forth such persons whose appearances are necessary, and to impose silence to the people.  
There is a Commission under the great seal of England to certain Gentlemen, giving them power to preserve the peace, and to resist and punish all turbulent persons whose misdemeanours may tend to the disquiet of the people; and these be called the Justices of peace, and every of them may well and truly be called and termed Eirenarcha.  
The chief of them is called Custos Rotulorum, in whose custody all the Records of their proceedings are resident.  
Others there are of that number called Justices of Peace and Quorum, because in their Commission they have power to sit and determine causes concerning breach of peace, and misbehaviour; the words of their Commission are conceived thus, Quorum such and such, unum vel duos &c. esse volumus; and without some one or more of them of the Quorum, no Sessions can be holden: And for the avoiding of a superfluous number of such Justices (for through the ambition of many, 
These Justices appointed by L. Keeper.  it is counted a credit to be burdened with that authority) the Statute of 38. H. 8. hath expressly prohibited that there shall be but eight Justices of Peace in every County. These Justices do hold their Sessions quarterly.  
In every Shire where the Commission of the peace is established, there is a Clerk of the peace for the entering and engrossing of all proceedings before the said Justices. And this Officer is appointed by the Custos Rotulorum.  
Every Shire hath its sheriff, which word being of the Saxon English, is as much to say as Shire Reeve, or Minister of the County: His Function of Office is twofold: 

1. Ministerial.  
2. Judicial.    
As touching his ministerial Office, he is the minister and executioner of all the process and precepts of the Courts of Law, 
34. H. 8. cap. 16.  and thereof ought to make return and certificate.  
As touching his judicial Office, he hath authority to hold two several Courts of distinct natures: The one called the turn, because he keepeth his turn and circuit about the Shire, and holdeth the same Court in several places, wherein he doth inquire of all offences perpetrated against the common Law, and not forbidden by any Statute or Act of Parliament, and the jurisdiction of this Court is derived from Justice distributive, and is for criminal offences, and it held twice every year.  
The other is called the County Court, wherein he doth determine all petty and small causes civil under 40.5. arising within the said County, and thereof it is called the County Court.  
The jurisdiction of this Court is derived from Justice Commutative, and is held every month: The Office of the sheriff is annual, and in the King's gift, whereof he is to have a Patent.  
Every Shire hath an Officer called an Escheator, which is an Office to attend the King's Revenue, and to seize into his majesty's hands all lands, either escheated goods, or lands forfeited, and therefore is called Escheator; And he is to inquire by good inquest of the death of the King's Tenants, and to whom their lands are descended, and to seize their bodies and lands for Ward, if they be within age, and is accountable for the same; and this Officer is named by the Lord Treasurer of England.  

34. H. 8.20.  There are in every Shire two other Officers called Crowners or Coroners: they are to inquire by inquest in what manner, and by whom every person dyeth of a violent death, and to enter the same of Record; which is matter criminal, and a plea of the crown, and therefore they are called Corones, or crowner's, as one hath written, because their enquiry ought to be public in Corona populi.  
These Officers are chosen by the freeholders of the Shire, by virtue of a writ out of the Chancery, De Coronatore elegendo: and of them I need not to speak more, because these Officers are in use elsewhere.  
Forasmuch as every Shire is divided into Hundreds, it is also by the said Statute of 34. H. 8. cap. 26. ordered that two sufficient Gentlemen or Yeomen shall be appointed Constables of every Hundred. 
Constables of the Hundred.   
Also there is in every Shire one gaol or Prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed, 
Gaolers Office.  until they shall be delivered by course of law.  
In every Hundred of every Shire the sheriff thereof shall nominate sufficient persons to be bailiffs of that Hundred, and Underministers of the sheriff; and they are to attend upon the Justices in every of their Courts and Sessions.   
FINIS.