THE LEARNED READINS OF Sir Robert Holborn, Knight, Attorney General to King Charles I.  
UPON The STATUTE of 25 Edw. 3. Cap. 2.  
Being the Statute of TREASONS.  
To which is added, Cases of 

Prerogative.  
Treason.  
Misprision of Treason.  
Felony, etc.    
Written by the Right Honourable FRANCIS BACON, Lord Verulam, Viscount St. Alban.  
And now Reprinted for the Public Benefit.  
Indici conjurationis praemia constituta.  Sallust. in Conjur. Catil. 
LONDON, Printed for Sam. Heyrick, at Grayes-Inn-Gate in Holborn, and Matthew Gillyflower, in Westminster-Hall, 1681.   

ERRATA.  
PAge 5. Line 4. for Dejective, read Directive. pag. 20. lin. ult. for kill, read kills. pag. 21. lin. 12. for Case, r. Care. pag. 23. l. 14. for mysteries are, read mistress is. ibid. l. 15. for there read she. p. 35. l. 19 for without, read within. p. 36, l. 7. for Regne, read Rigne. p. 37. l. 10. for Aid, r. Ayel. ibid. l. 18. for Heirs Facus, r. Haeres Factus. p. 49. l. 15. for I S. r. I. D. p. 55. l. 6. for word, r. Ward. ibid. l. 14. l. 15. l. 17. for Costigase, read Cesty que use.   

THE LEARNED Readins OF Robert Holborn, Esq;  

Lecture I.  
BEfore the Statute, Trespasses were made Felonies, & Felonies were made Treasons; and we could not judge which were Felonies, and which were Treasons, but it did rest in the breast of the Judges that were in those days. For the preventing of which mischief, this Statute, which I now Read upon, was made, which hath two Parts: 
The parts of the Statute are first Declarative.  A Declarative part; and that doth declare what shall hereafter be judged Treason: And Treason also is commonly divided into two parts; that is,  
First, 
High Treason.  High Treason, that is, against the Person of the King; and that will fall out for this days Work. Secondly, 
Petty Treason.  Petty Treason, which is in the latter part of the Statute, as will appear hereafter.  
The second part of this Statute is the Dejective part, 
And secondly Dejective High Treason.  and directs the Judges how far to proceed upon a Fact that is not within the Statute.  
High Treason is against the person of the King, or against his Government, viz. as against his Judges, Seals, and Coins. These are the Divisions that I shall make of this Law.  

The definition of Treason.  
It is Lesa Majest. 
The definition of Treason.  which comprehends the Person of the King, and his Officers of Justice. For the Person of the King and the Treasons that are committed more immediately against his Person and they are Acts and Persons.  
Persons, they are of two sorts; Persons against whom and the Persons by whom these Treasons are committed The Acts, and they are divers.  
As first, Compassing th● Death of the King: And fo● explanation of this word Compassing, it is an old word signifying not a bringing t● pass only, but a going about as you shall find it in Britto● and the Mir. of Just. but it is since called in Latin Machinatio, and a going about, 
1 Mar. Bro. tit. Treas. 24.  or compassing is Treason, though no effect do follow; as a compass to kill the King, though he be not killed; so a compassing without any other Act is Treason: But there may be an Act done that doth effect the death of the King, and yet no Treason, if there be no compassing: as in the Case of Sir Walter Terril, who shooting at a Deer, his Arrow glanced against a Tree, and struck King William Rufus upon the breast that he died: 
Holinshed.  and this was not Treason, because there was no compassing. And so it is in the Case of a Physician, as if the King takes Physic and dies of the Physic working, yet if it be not notoriously gross, and it doth not appear that he did any way compass the Death of the King, this is not treason within this Law; for in the Case of a common person, if a Physician give one Physic, whereof he dies, this is not Felony in him, although the Physician had no Licence to practise Physic; for it is his fault that he will take Physic of him; and volenti non fit injuria. If the Prince in person assaults a man, and drives him so hard against the Wall, that if he do not defend himself he will kill him, and he cannot do it without danger to the Prince; in that Case he ought not to defend himself, but ought rather to die than hazard the person of the Prince, because he is Caput & salus Reipub. and yet Nature doth teach a man to defend himself against all danger. And thus much for Acts without compassing. And yet some of these Acts that are without compassing are left to the Jury to judge of, and some others are left to the Judges to judge of, as by presumption of Law; as in Murder, the●● ought to be malice forethought, and yet if an Officer in executing of his Office b● slain, this is Murder by th● Law, and yet in this Cas● there do not appear any malice forethought, and so in this Case the Law makes an Evidence for the Jury, and so in deeds of the like Cases.  
The second Act is Violating; and this word is derived of vi perdendo, but yet it may be done without any force at all.  
The third Act is Levying War against the King: And what shall be said of Levying War? that may be divers ways; As if the Inhabitants of a Town will gather themselves together to pull down the Fences of a Common, 
See Saint John's argument in Shirley of Shefield's Case.  in which they have no Interest or Common, nor ever had, this is Treason within this Law; but if they had an Interest or Common there, than it is no Treason: but if they shall do it by Force of Arms in a Warlike manner, Qu. but in the first Case it is a Levying of War against this Government.  
Another Levying of War may be against the King, 
Nota.  as if it be to the displacing of his Officers, as in the Earl of Essex his Case, in his coming to the City of London for to remove Officers that were about the Queen, this was Treason: and so it is also to the same purpose in 1 Mar. Dyer 24. and so it appears, 
1 Mar. Dyer 24.  A man may Levy War against the King, although he hath no intent to meddle with the person of the King, or any way to hurt him; and so you shall find also in Bro. Tit. Treason 14. 
Broke tit. Treason 14.  And if any Levy War without the King, this is a Levying of War within the Law, 
8 Hen. 8.  8 H. 8. If two conspire to Levy War, and one alone doth it, this is Treason in both.  
The fourth part is to Adhere to the King's Enemies; 
Nota.  ●nd first, who shall be said ●o be Enemies within this Law. ●econdly, who shall be said Adhering to them that are Enemy's within this Law. This word Enemy cannot extend ●o Subjects, for they are Rebels and no Enemies, and so it is expressed in the Irish Statutes: 
See Irish Statutes.  and this Statute cannot be taken according ●o Equity, for it is a Penal Law, and of the greatest penalty that is; and therefore ●he aiding of Rebels cannot be meant any way the aiding of ●he King's Enemies within this Law. Aiding the Enemies within or without is an aiding of those that come into the Land, or of those that are without. A Subject is of two sorts, 
Subjects two sorts.  ratione originis, and a Subject ratione loci.  
A Subject ratione originis, 
1. Ratione originis.  cannot be an Enemy, although he doth Levy War (in respect of his Obedience) but a Rebel he shall be.  
A Subject ratione loci, 
2. Ratione loci.  during his residence here, he can be no Enemy neither, but if he goeth over Sea, and then Levy War against this Kingdom, or any other of his Majesty's Kingdoms, he is then an Enemy within this Law, and no Rebel. 
Dominium duplex.   
There is also Dominium rectum, & Dominium utile, for ●f a man be born within the Dominium rectum, as that of Scotland in ancient time, and ●here he Levy War, he is an Enemy and no Rebel: but if ●e be born within the Domi●ium utile, and Levy War, ●e is a Rebel, and not an Enemy.  
Aiding, is by sending them Aid, as of Victuals, or of Weapons, and the like, by giving of them Counsel, or ●y any other way, whereby ●hey may receive strength or comfort from him.  
Now for the persons by whom this Levying of War may be, and as to that all Levies are within this Law as well Women as Men, for Women are comprehended under this word Man.  
Secondly, Persons of all Nations, that are within this Land, are within this Law▪ for as they shall have protection by the Laws of the Land, so they ought at their peril to take notice of the Law, so soon as they come into the Land; for they ought to have notice given them, and cannot allege ignorance if it be not given them, especially in such Laws as this, that are so beneficial both the King and Kingdom.  
Thirdly, Persons of all Degrees, as a Queen that is married to the King attempting ●he death of the King, is within this Law. A Foreign Ambassador is also within ●his Law; but if a Foreign King should come into this Land, by Licence, and here compass the death of the King, ●he question will be how he ●hall be tried? for, he is a King here, and therefore ●ught to be tried per Pares, which he cannot be, for o●her Honours are not allowed here.  
Fourthly, all Ages are with●n this Law, as in Folks which have knowledge, or men of non sanae memoriae, and a mad man is also within this Law, as to that part of the Statute which concerns more immediately the Person of the King; for if any of them afore mentioned in this division shall compass his death it is Treason within the firs● Clause, but not in the Clause of Levying War, as I shal● show you afterwards: but a man that is surdus, caecus & mutus, is not within this Law for it is impossible for him to have understanding.  
Now for the persons against whom; a King befor● his Coronation is within thi● Law, 
Northumberland 's Case.  as it is in the Duke o● Northumberland's Case, for h● is presently a King, as soon as the other King deceaseth, and there is no Interregnum; for the King, quatenus a King, never dieth, but he is said to Demise, when he departs this Life; and the King is Crowned because he is a King, and not a King because he is Crowned; a King de facto, and not the jure, is a King within this Law; 
See 4 E. 4.1. 9 E. 4.12.  as it is in 4 E. 4.1. and 9 E. 4.12. A King conjugal or marital, that takes to Wife the Queen of England, is within this Law; a Queen that is married, although the marriage be void, yet that Queen is within this Law; so is a Queen married by Proxy; a Queen within Age is also within this Law.   

The first Case.  
I. S. after the Divorce of the Wife of the Grandchild, 
First Case.  and Heir apparent to the Queen, doth violate her, and imagine the Death of the husband, and declares this to I. D. and after kills the husband of the Queen, and conspired to Levy War against the Queen, and delivers to I. D. money to buy Arms, and after becomes mad, and Aids the Enemies of the Queen within the Realm, and then kills the Queen.  
The Conclusion is, First, I. S. is a Traitor within this Law, for killing the Husband of the Queen, and for conspiring to Levy War, and for killing of the Queen, and in every one of these.  
The second Conclusion is, that I. S. is not a Traitor within this Law, for imagining the death of the Grandchild; and yet he is within the Case of the Law, not for violating of his Wife, nor for aiding of the Enemies.  
I. S. is a Traitor within this Law, for killing the husband of the Queen, but not within these words, That whosoever shall conspire or compass the death of the King; for as to that Clause he is not King, for the Queen is Regent, and not he, and so not within that Clause, nor the meaning of it, but he is within this word Companion; for he is as good a Companion to the Queen, as the Queen is to the King; and so within the same Reason of Law: For the husband of the Queen, in such a Case, is in a better condition and plight than a Queen to a King, and so upon a stronger Reason; but this you must take as a Rule that I have said before, viz. that this Statute is not to be taken by Equity; and this you shall find as another Rule, as well for the expounding this Statute as any other: 
Bro. Treas. for. 12.12. ass. pl. 30.  that those Cases that stand upon the same Reason shall be within the same Law, although not taken by Equity; for where there is the same identity, parity or majority of Reason in any Cases, there ought to be the same Law; as it is in the Statute of Gloucester concerning Waste, and in this our Statute, the mysteries are not named; yet there is within this Law, for if the Servant kills the Wife of his Master, knowing her to be his Master's Wife, this is adjudged Petty Treason by the Judgement of all the Judges of both Benches, 
Com. 87.6. Fitz. Com. 7.118. Brook tit. treas. 8.  19 H. 6.47. Com. 87.6. Fitz. Com. 7.118. Bro. Tit. Treason 8. For as well the Mistress as the Master hath affiance in him, and he ought to give Reverence to his Mistress as well as his Master, and yet the Master is only named in this Statute; but in our Case, the express words are, That if any man shall Compass the death of the King's Companion, it shall be Treason; and so there is an express proviso for him, being the Companion; for he is a Companion to the Queen. A second Difference between our Case, and the Case of the Mistress, is, that she is his Mistress, but gratia, and under the power of her Husband; but in our Case the King marital hath a Superiority over his Wife, as he is her Husband; and so our Case is a fare stronger Case.  
If a Child kills his Father, or Mother, this is Petty Treason; and so it was also at the Common Law, before the making of this Statute, 
21 E. 3.17 Bro. tit. Sanctuar. 2. Bro. tit. Treas. 6.  21 E. 3.17. Bro. Tit. Sanct. 2. and Bro. Tit. Treas. 6. because there is a higher majority of Reason than that of a Servant, which is the Reason of the Submission and Duty that is to the Father and Mother from the Child, and where there is a majority of Reason, or a parity of Reason for the one Case as there is for the other, there is always the same Law.  
But you will Object, 
1 & 2 Ph. & Mar. c. 9  there is a Statute made 1 & 2 Phil. & Mar. cap. 9 that if any shall imagine the death of the King, that it shall be Treason; and therefore he was not provided for before this Statute, and therefore this Statute was made: if it were Treason before this Statute, than this Statute was made in vain and to no purpose.  
That that Statute doth provide as well for the preservation of the Queen, 
Answ.  as for the King, and makes it Treason for any to compass the death of the Queen, and therefore ●t cannot be concluded from ●hence, that it was not Treason to compass her death before that Statute. The second Reason is, because that Statute doth provide for other matters, as it doth there appear.  
The next Point is the declaring of this his imagination to I. D. which is an Overt Act; 
1 Mar. Bro. tit. treas. 24. The second point  for an overt Act is the declaring of his Mindand Intentions to others, by such words as imply an Act to follow, or by bidding a man to do what he hath intended, or to do any thing that may tend to his purpose, or by writing to declare his mind: but if a man have a thought of Killing the King, this is only Primus motus; and although he afterwards tells another that he had such a thought this is no Overt Act; but i● he doth cherish this thought than it becomes his own, and then he tells it to another, that he hath such an intention this is an Overt Act; for the words he doth speak, are words executory, and imply that he will do such an Act▪ Or if A. conspire with B. to kill the King, this is an Overt Act; but to imagine with himself is not, because it cannot come to be known: words of encouragement to others is an Overt Act also.  
For conspiring to levy War, is the next, and this is Treason within this Law, although it be not within the words of the Statute; but yet it is within the meaning and reason of the Statute: for how is it possible for any to Levy War, but he must conspire the death of the King, 
Nota.  or his deposing at least? and the conspiring to do either of these, is Treason within this Law, as aforesaid; and that within this word Compassing; which, as I said before, ●s of a very large extent, but I must confess the Intention is not so bad as an actual Levying of War, and yet it is as bad in him that doth intent it. And this Levying o● War doth mediately look a● the person of the King▪ though not immediately; and so in that respect it is Treason, and so it is of deposing; and so is the Statute of 1 E. 6. cap. 12. and so you shall find it in Doctor story's case, 13 Eliz: Dyer 298. b. 
1 E. 6.12. Dyer. Story 's Case. 13 Eliz. Dyer 298.  who did conspire with a Foreign Prince to invade this Land, and shown him a means how to conquer this Kingdom, and yet there was no Act done by that Prince against the Queen, yet this is adjudged Treason; and the reason there yielded, was, because this Invasion could not possibly be without great hazard and peril to the person of the Queen, which is a very full Case in proving of this point. 
19 H. 6.47.  But a conspiring to Coin Money, is not Treason within this Law, because it is not against the person of the King; but yet if two shall conspire to coin Money, and one doth it alone without the other, yet this is Treason in both.  
The third point is, that I. S. after he became mad, kills the Queen, this is Treason within this Law; first, because a man may counterfeit himself to be mad, and he may do it so cunningly as it cannot be discerned whether he be mad or no.  
The second Reason, is, in respect of the great esteem that the Law gives to the person of the King; for he is the Fountain of Justice: and for the proof of this point, that it may be understood, we ought to see what the Common Law was, before the making of this Statute, as to this Point; and then we ought to inquire and see how the Law is altered since the making of the Statute; and by this means, we shall find out the Law and the reason thereof; it is true, that the Law, without special words, will not bind an Insant or a Madman, as to the punishment of their Bodies, but yet it will extend to their Lands and Estates; but this our Law is no new Law, but only a Declarative Law, and in that Case general words will bind an Infant or a Madman without any special words. That it was Treason at the Common Law is apparent in Britton, and the Mirror of Justice; and this Statute doth not declare who shall be Traitors, but what shall be Treason, and therefore by this Act it is Treason in a Madman, or whomsoever shall commit it; for a Madman is not excepted out of this Law: and to make this appear more fully, you may be pleased to read the Case of Beverly, 
See Beverleys' Case. Com. 124.  in Com. 124. That a man that is non composmentis may commit High Treason, although he cannot commit Petty Treason, nor Felony: 
Daltons' Just. 206.  and so it is also in Dalton's Justice of Peace 206. that if a man that is non compos mentis, shall kill the King, this is High Treason. Nay, Beverley's Case goes farther, and says, That if he shall offer only to kill the King, this is High Treason, 
Nota.  because the King is Caput & salus Reipub. & à Capite bona valetudo transit in omnes: and for this Cause his person is so Sacred, that none must offer the least violence to him; but he is Reus criminis laesae Majestatis, & pereat unus, ne pereant omnes.  
The second Conclusion, is, That I. S. is not a Traitor within this Law, for imagining the death of the Grandchild; yet he is within the Care and Protection of the Law; for he is not within the Words of the Law, but without the Intention and Reason of the Law: for the words are, That if any man shall compass the death of the King's Eldest Son, that is Treason; but in the French Language, in which this Law was first written, it is Le Regne fils & heir, and yet if the Eldest Son dies, the second Son is within the Law, because he is then the Eldest Son; and so it is of the third Son, for than he is also Heir Apparent, and he is within the intention and meaning of this Law. And so to this purpose is the Prince's Case in Report 8. where it is, 
Prince's Case 8. Report.  that the Second Son shall be Duke of Cornwall after the death of the Eldest, and yet it is only limited to the Eldest Son. A collateral Heir is also within this Statute, because, as he conceiveth, this Statute intends to provide that the next Heir to the Crown shall be secured from danger. And the Case that may be likened to this, is that, where a Writ of Aid may be brought by the next Heir; for the Writ saith, Cujus haeres ipse est, 
F. N. B. 221  F. N. B. 221. so that it appears, that it lies only for the Heir Lineal or Collateral, Male or Female.  
The Eldest Daughter is also within our Law, Heirs Facus is also a grand Heir within this Law; but this imagining or compassing the Death of the Grandchild, or of any other Heir, is not Treason, unless there be a sufficient Declaration of it to another: for no man can judge of the thoughts; for the imagination only can be no Overt Act: and this Declaration of his imagination or compassing to I. D. is not a sufficient Overt Act to make him a Traitor within this Law: for he told him that he had only such an imagination, which is but Primus motus; for he doth not say that he will do it in the Future Tense, for that may be Treason, for that it doth imply an Act to be done afterward; but the other is only against that is past. Then for violating the Wife after she is divorced, this is not Treason within this Law. And yet the divorce is but a mensa & thoro, but it is such a divorce as deprives her of his Company, and so she is not his Companion within this Law: but yet she is his Wife, and a Wife divorced a mensa & thoro shall have her divorce; because that divorce doth not dissolve the Marriage, but she remains his Wife still; but yet if she hath any Children during that divorce, they are all Bastards, because she is not to keep her Husband Company. A Queen Dowager is not within this Law, because she is not Companion to the King; that then is, and is not provided for by this Law: for the words of the Statute are, If any shall violate the King's Companion.    

Lecture II.  
THE Second Lecture, 
The Second Lecture.  according to my first Division is concerning the Government; and that is, First, in the Seal, which is Clavis Regni. The Second in his Money and Coyn. The Third, in his Offices. For the First, which are the Seals; and they are, first, The Great Seal. Secondly, the Privy Seal. And, Thirdly, the Seal of the Exchequer. And of all these Seals the Common Law takes special notice, as that the King may grant to one Power to make one Attorney under the Privy Seal; and so is 37 H. 3.27. b. Co. 2.17. Lams' Case; 
37 H. 3.27. Co. 2.17. Lams' Case.  and so of the other Seals: but our Law takes notice of the great Seal only as for point of Treason; for the words are exclusive to all other Seals; for that being the greatest, excludes all other inferior Seals that are the least. Now what shall be said of counterfeiting of this Great Seal? and that must be by making another Seal like to this, and for to Seal Patents with it: for, to make a Seal like the Great Seal, to put this to a piece of Wax only, is no counterfeiting of the Great Seal; but there ought to be a Writing annexed unto it, and then it is a Counterfeiting within this Law: 
Nota.  but if the Lord Keeper doth Seal a Patent without special Authority from the King, yet this is no Counterfeiting within this Law; or if any one do find this Great Seal, or other ways obtain it, and Seals Patents therewith, this is not Counterfeiting neither, within this Law: for, if the Seal be truly and in due manner put to a Patent, and afterwards the Patentee doth raze or add to the Patent in any place, this is no Counterfeiting, as it is in Lakes Case, 
Lakes Case 4 Jac.  4 Jac. and yet the razing of a Deed is the forging of a Deed.  
Secondly, concerning counterfeiting the King's Coin; and this aught to be intended only of the Kings own Money, for that only is meant by this Law, and not any Foreign Money; but Foreign Money is provided for by another Law. The coining of Copper, if it be made Currant, is also within this Law: for it is only in the power of the King to embase Coin, as it is apparent in the Case of Money in Davices Reports; 
Case of Money in Davices Reports.  for the King is Master of the Coin: but in the Mirror of Justice, it is said the King cannot alter his coin; for those things are not in this Law, because they are not Currant within this Realm. Foreign Money is not within this law, because at the time when this Law was made, all Foreign Money that was brought into this Realm, was but Bullion; because it was a great deal worse than that of this Nation: and Foreigners afterwards did make their Coin finer, and than it was made Currant here by a Statute, and so within this Law.  
If any that have Authority and Power to Mint or Coin, and he coin pieces that are less in weight than they ought to have been, by the Authority by him given, this is a counterfeiting, because he hath not pursued his Authority, and so is as if he had no Authority to make it of that weight, which he hath made it. And so is the 3 H. 7. c. 10. to counterfeit Foreign Money, 
3 H. 7. c. 10  and to bring it over, is not a counterfeiting within this Law: but if one sergeant the Coin of this Kingdom beyond the Sea, and brings it over and Merchandizes with it, 
6 H. 7.13.  and thereby deceive our Merchants, this is a counterfeiting, as in the Book aforesaid. And if one sergeant the Coin of this Kingdom, although he doth not put it to others, yet this is a counterfeiting within this Law. 6 H. 7.13. 1 H. 31. Bro. Tit. Treas. 27. Stamf. Pleas 3. D. 
1 R. 3.1. Bro. Tit. Treas. 27. Stam. pl. 3. D.   
What shall we say to the bringing in of Money, what not? the bringing in of Foreign Money, aught to be intended of Money that is counterfeited in another Realm, and like unto ours; for the words are so, Money, and not of Foreigners Money. If two conspire to Coin and Counterfeit, and one of them doth it, 
19 H. 6.43. Stam. pl. 3.  it is Treason in both, 19 H. 6.43. Stamf. Pleas 3. a. but an intention to counterfeit, is not Treason within this Law.  
The Barons of the Exchequer are within this Law, and it is agreed in Tanfields' Case (who was one of the Barons of the Exchequer) that he was within the words of the Statute; and the words of Oyer and Terminer are within this Law, but all other Judges are not; as the Ecclesiastical Judges are not within this Law; for they hold with the Court of Rome, and did derive their Authority from him in ancient Time. Neither is a Constable within this Law.  

The second Case.  
I. S. Slits the Great Seal, 
The second Case.  and closeth it to a Commission, and coins Money in the form of Shillings, invertendo the Arms, kills the Lord Keeper of the Great Seal in Chancery, and brings in false Money like English, to Merchandise, knowing it to be false, but doth not offer it, and I. S. knowing this doth secure him.  
The Conclusion is, that I. D. is a Traitor in omnibus, and I. D. also within this Law; the first Act is slitting of the Seal, and putting of it to the Commission, and that is Treason; first, because that is slit, whereby it is become now no Seal at all; it cannot be said that this half is the Broad Seal, or that the other half is the Broad Seal; for they both together make but one Broad Seal; and when he hath closed them together again, and joined them to a Commission, he hath made the Seal a new, for it was no Seal when it was slit, but now it is.  
The second Reason is, in respect of the mischief that doth come by this translating of an old Seal to a new Commission; for both the King and his Subjects are as much abused, as if it had been counterfeited: and the Reason of Laws and not Authority ought to be our Rule to go by; for judicandum est legibus, 
40 Ass. 33. & Bro. Tit. Treas. 17. Brit. cap. 4. fol. 10.  non exemplis, and so he conceiveth the Case in Bro. Tit. Treas. ●. to be no grand Law. This was Treason also at Common Law, as you shall find it expressed in Britton, cap. 4. fol. 10. and in the Mirror of Justice cap. 1. sect. 6. and since the Statute in the same King's time that this Statute was made in, and they who knew best the Reasons and Grounds of this Statute, and the meaning thereof, and were at the making thereof, by all likelihood, did adjudge it Treason, to take an old Seal from an old Patent, and to put it to a new one, as in 40 Ass. pl. 33. and 2 H. 4.33. and Stamford saith, 
40 Ass. pl. 33. & 2 H. 4.33.  that it was so adjudged in his time.  
In all Treasons that do concern the person of the King, the judgement ought to be, That he shall be hanged, drawn, and quartered; but for other Treasons that do not immediately concern the person of the King, the judgement ought to be, That he shall be drawn and hanged only; and not that he shall be quartered. 
1 H. 6.5. 19 H. 6.47. 6 H. 7.13.  As it is in 1 H. 6.5. 19 H. 6.47.  
The second Act is, The Counterfeiting of the King's Money, and the inverting of the Arms of the King, whereby the King's Liege people and others may be deceived: for that is a sufficient Alteration to make it Treason, although it be such a one as cannot be discerned without special notice taken of it. And this doth appear by the judgement given in the Star-Chamber, for the counterfeiting of Farthings. And it is Treason for any man to bear the King's Arms, as it appears in the Earl of Surrey's Case.  
The third Act is, The kill of the Officers of the King, as of the Lord Keeper, and that is Treason within this Law; for the Lord Keeper is now Chancellor, although at that time when this Statute was made, the Lord Chancellor's Office, and the Lord Keeper's Office were two several and distinct Offices, yet they are made now both one Office; 
5 Eliz. c. 18 15 E. 3. c. 2  and that is by the Statute of 5 Eliz. cap. 18. and this Statute of 15 E. 3. cap. 2. may and doth extend to that Statute of 5 Eliz. which comes after, as is very fully expressed to the purpose, though not to this Case, in Co. 4. fol. 4. Vernon's Case, the Statute of Marleborough, which was made 52 H. 3. gave the word of the Tenant that held by Knight-service, notwithstanding he had made a Feoffment by collusion: from which time, and for 200 years and more, till the Statute of the 4. of H. 7. cap. 17. which gave the Ward of the Heir of Costigase, the Heir of Costigase was not in Ward, and yet it is held in the 27 of H. 8.9. that if Costigase, after the Statute of 4 H. 7. makes a Feoffment in Fee by collusion, to defraud the Lord of his Ward, that this is taken within the Equity of the Statute of Marleborough, and so of divers other Cases that you may see there cited in Vernon's Case above mentioned.  
The Fourth Act is, The bringing in of false Money, like unto our English Money, for to Merchandise withal; and this is Treason: for here is not only an intent, but there is also an Act joined with this intent; for he brings over this Money, which is the Act, with an intent to Merchandise. The second Conclusion is, that I. D. is a Traitor within this Law, and his Treason doth go or extend to all the other four Treasons that were committed by I. S. for this succouring of him after the Fact committed, makes him a Traitor within this Law. And at the Common Law, before the making of this Statute, if a man had succoured one that had committed Treason, knowing him to have committed it, he had been a Traitor. And so if one doth now secure a Felon, it is Felony in the Succourer. And why should it not be so in our Case? For the Reason of Law in our Case is far stronger, that the Succourer of a Traitor, should be a Traitor; than the succouror of a Felon should be a Felon, because the Offence is greater; and therefore it is an aggravation of his punishment, to make him that no man shall receive or secure him: for we see the Law inflicts a greater punishment upon a Traitor than upon a Felon; and that is to deter men from such Acts as those are. And so it appears that there is Reason why he should be a Traitor, although he be not within the words of the Statute. And therefore it is in the Reason of the Statute. Another Reason is, because the Statute doth not say who shall be Traitors, but what shall be Treason, and this word Treason shall be taken with all its Concomitants and Accidents, as it was at Common Law; and than that was a concomitant to Treason that the Succourer should be a Traitor.  
But it is so in 3 H. 7. fol. 10. 
Object.  that the Succourer in Treason is no Traitor.  
The Reason of that Case is, 
Answ.  because the Judgement was, that he knowing eam proditionem praedictam perpetrdffe felonice hospitalis fuit: and this was not grand, because he was in that Case indicted as an Accessary, and was not indicted as a Traitor; for there can be no Accessaries in Treasons, as there is in Felonies. See Fitz. Tit. Cor. 55. 
Fitz. Tit. Coron. 55. Bro. Tit. Coron. 135.  Bro. Tit. Coron. 135. and for express Authority it is in 1 H. 6.5. for if this Statute had made Felony Treason, and one doth commit that Treason, and A. succours him, knowing of it, it had been absurd for to have said, that the Succourer should have been only a Felon: but our Case is stronger; for this Law doth not make any one a Traitor, but only declares what shall be adjudged Treason; but if this Statute had expressed, that all Abettors should have been Traitors, than the Receivers or Succourers should not have been Traitors within this Law; for then the intent of the Makers would plainly appear, that it was not intended that the Receivers or Succourers after the Fact should have been within this Law, but only the Abettors before and at the Fact.    

Lecture III.  
THis Lecture is of Petty Treason, and Petty Treasons doth very little differ from Felonies; for by the pardon of all Felonies, all Petty Treasons are pardoned, 
Stamf. fol. 2. b.  Stam. fol. 2. b. but it hath some correspondency with other Treasons; and that is in respect of the Duty and Obedience that is due to each other; as it is from the Subjects to the King, so from the Servant to the Master. All Servants, although they receive no Wages, but only Meat and Drink, are within this Law. A Servant that is not compellable to serve by this Statute, yet if he doth serve, he is within this Law. And so is a Bailiff of a Manor; for if he kill the Lord of the Manor, it is Petty Treason within this Law. A Steward of a Court Leet or Court Baron is not within this Law. A Wife divorced for Adultery, is within this Law; although a Queen divorced for Adultery be not within this Law, as ye have heard before.  
Ordinaries are of two sorts, Ordinarius loci, Ordinarius Diocese. 
Ordinarius leci, Ordinarius Diocese.  and the Superior Ordinaries they are all within this Law, Ordinarius loci, as that of the Dean of Westminster. Ordinarius Diocese. is the Bishop of the Diocese, and the Superior Ordinary is the Archbishop; they are all within this Law, in respect of Obedience that is due to them. A Child killing his Father or his Mother, he is within this Law, as you heard before, although he he be not named in it: yet there is a majority of Treason in it more than that of a Servant, and therefore is within that intent and reason of the Law. And so it is in Dalton; If one command another to kill his Master, who doth it, yet it is not Treason within this Law, unless he be there present when the Fact is done, 
40 Ass. 25.  40 Ass. 25. If a Wife command a Servant to kill her Husband, and he doth it; it is Treason in both within this Law: and so it appears that Abettors and Partners are within the first Part of this Statute concerning Petty Treasons, although they are not named. If a Servant goes from his Master, and then kills him, this is Petty Treason within this Law; for it shall be intended that he had such an intention to kill him before he departed out of his Service, 
Bro. Tit. Treas. 15. 33 Ass. 7.  33 Ass. 7. And so is a Quarrel in Westminster-Hall, the Courts sitting, and then go out of the Hall into the Palace-yard, and then one strikes the other, this is punishable with the same punishment, as if he had struck him in the Hall; for the punishment shall be to the loss of his hand, and the forfeiture of his goods, and perpetual imprisonment, as it is in Darcies' Case, 
1 & 2 Eliz. Dyer. 188.  in the 1 & 2 of Eliz. Dyer 188. But some of these Offences were Treason at the Common Law, as the Son killing of the Father, 21 E. 3.17. 
21 E. 3.17.  and of a Maidservant killing her Mistress, 21 Ass. 30. 
21 Ass. 30.  If a Servant kill his Mistress, this is Petty Treason within this Law, and yet she is not named, but is to be intended upon the same reason with his Master, and the Obedience is due to the one as well as the other, 
19 H. 6.37.  19 H. 6.37  
Treason ought to be fully proved, as it appears by the words of the Statute, and that is to be by two Witnesses, for the proving of every Treason. And the Statute of 1 E. 
1 E. 6.  6. is not repealed, as to this Point, by the Statute of Phil. and Mar. but only the Trials in the Counties, and not concerning Witnesses, as by that Statute more at large appears. And in the 14 of Eliz. in the Lord Lumley's Case, 
14 Eliz. Lumley's Case.  it was agreed; that the Statute 1 E 6. was not reversed by the old Statute. The Trial of Lords of Parliament ought to be per Pares; but in some Cases he shall not have his Trial per Pares, 
13 H. 8.11, 12. Bro. Tit. Treas. 29, 33.  as in an Appeal, but in an Indictment he shall, and the Indictment shall be received into Parliament, because an Indictment is the King's Suit; and the Statute of Magna Charta is nec fuper eum ibimus, nec super eum mittimus, and this is to be intended in the King's suit, 
10 E. 4. b.  10 E. 4. b.  
But a Lord may refuse his Trial per Pares, if he will, as it was adjudged 1 Phil. & Mar. Bro. in the L. Gray's Case; 
1 Phil. & Mar. Bro. Lord Gray's Case 13 Jac.  but in the Lord of Castlehaven's Case it was held the contrary, If a man be killed in Rebellion, he shall forfeit his Lands, and is a Traitor: but there ought to be an Inquisition taken of him, and that shall be a sufficient Trial. As the Case in 13 Jac. Br. If a man do cast himself into the Water, and never is found after; yet if it be presented by the Justice of Peace, this is sufficient to make him forfeit his Goods.  
As for those Treasons which are not here declared, the Judge's Authority takes Indictments of them, but they ought not to be proceeded against to Judgement; for nothing is to be done in point of Judgement in such a Case, till it be adjudged and declared in Parliament. And all other Treasons that are not here declared, aught to be Felonies at the least, because Felonies were made Treasons before the Stattute; and because the words of the Statute are, that it ought to be Treason or Felony: but if it be but once declared in Parliament, unless there be a Proviso that the Judges shall not proceed upon the like Cases, they may afterwards proceed by force of this Statute.  
There are Treasons at the Common Law, notwithstanding the Stat. of 1 Mar. for that did take away those Treasons, and Declarations of Treasons that were made in Parliaments from the time of our Statute, to 1 Mar. but doth not take away the declarative Power in our Statute mentioned, nor the Common Law, but they do remain still as before.  
FINIS.    

CASES OF TREASON.  

CHAP. I.  
WHERE 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 Daughtter, 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 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 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-sake, it is Treason.  
Where a man doth any way impair, diminish, falsify, scale, or lighten money, current 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 Qu. 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 Jusuits, 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 of 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 an 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 Inheritance, 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 Counsel is to be allowed, nor Bail permitted to the Party.  
In Treason no Witnesses shall be received upon Oath for the Parties 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 do Judgement without calling or arraigning the Party.  
In Treason, the death of the Party before Conviction, dischargeth all Proceed 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 current in this Realm, it is misprision of Treason.  
Where a man fixes an old Seal to a new Patent, it is misprision of Treason.   

CHAP. FOUR 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 Spritual 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 Proceed 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, etc. 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 imbezelleth 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 twenty 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 discover stolen goods, or to provoke unlawful Love, or to impair or hurt any man's  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, etc. and do not departed 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 departed 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 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 Enticer 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 2d 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 kill of a man, is to be considered in four kinds.  

Chance-medley.  
Se defendendo.  
Manslaughter.  
Wilful Murder.    

CHAP. VIII. The Punishment, Trial, and Proceed in Cases of Felony.  
IN Felony, the corporal Punishment is hanging, and it is doubtful whether the King may turn it into beheading, in 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 see simple are not so forfeited; 
The Father to the Bough,  
The Son to the Plough,  as in Gavel-kind 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 Parties Justification, no more than in Treason.  
In felony, if the Party be non sanae memoriae, 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 Proceed 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 Proceed are in the King's Bench, or before Commissioners of Oyer and Terminer, or of Goal-delivery, and, in some case, before Justices of the Peace.   

CHAP. IX. Cases of Felony, de se, with the Punishment, Trial, and Proceed.  
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 sormerly 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 See 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 any 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 he 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, & 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 Proceed 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 Real, 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 born, 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 Dear 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 Parks, 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 Proceed therein.  
THE Declaration of Heresy, and likewise the Proceed and Judgement upon Heretics, is, by the Common Laws of this Realm, referred to the Jurisdiction Ecclefiastical, and the Secular Arm is reached to them by the Common Laws, and not by any Statute for execution of them by the King's Writ de Haeretico comburendo.   

CHAP. XIV. 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 strait and less strait, 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 Marshal 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 Arms, at his pleasure.  
The King may give Knighthood, and thereby mable 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 current, or not current, 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 Fereign money current, or not current.   

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 Descendants after the Charter, though he cannot naturalise 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.  
TO the first; Of the Original of the Authority of Constables, it may be said, Caput inter nublia conduit, 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 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 Leet, 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 chief 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 Leet.  
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 Goal 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 Residents that are not Tenants, and to inquire of all Defaults of Officers, as Constables, Ale-tasters, etc. 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 Leet 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 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 substantiallest sort of Yeomen, next to the degree of Gentlemen; but they ought to be such as are not encumbered with any other Office, as Mayor, Under-sheriff, Bailiff, etc.  
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 under-ministers, 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 to departed, 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, than for punishing of Offences; for in that part he is rather to execute the Warrants of the Justices, or when suddden 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 chief in four parts.  

1. The first is Arrest.  
2. The second is Search.  
3. The third is Hue and Cry.  
4. And the 4th 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, aught 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 for his goods, and keep them safe without impairing, and to inventary them in the presence of honest neighbours.  
4. For matters of common Nuisance 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, straightening, 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 Barreters and riotous Persons, making Affrays, and likewise to apprehend Felons; and if any of 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 etc. 
10. To the tenth, The Authority is the same in substance, differing only in extent; The petty Constable serving only for 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 Itinerantes 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, commonly called the King's Bench.  
They have Jurisdiction to hear and determine all civil Causes, which are called in the Laws of England, 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 Disseisins of Lands or Hereditaments, wherein they equal the Jurisdiction of the Justices of the Assize.  
Justices of Oyer and Terminer may hear and determine all notable Violences and Outrages perpetrated or done within their several Precincts of the Principality of Wales.  

In the King's Gift are,  
1. The Prothonotory, his Office is to draw all Plead, and to enter and engross all Records and Judgements in civil Causes.  
2. The Clerk of the Crown, his Office is to draw and engross all Proceed, Arraignments, and Judgements in criminal causes.   

In the disposing of the Judge.  
1. The Marshal, whose Office is to attend the Persons of the Judges at their coming, sitting, and going from the Sessions or Court.  
2. 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 the Peace, and every of them may well and truly be called and termed Eirenarcha.  
The chief of them is called Cusos Rotulorum, in whose custody all the Records of their Proceed 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, etc. 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, it is counted a credit to be burdened with that Authority) the Statute of 38 Hen. 8. hath expressly prohibited, that there shall be but eight Justices of Peace in every County. These Justices, being appointed by the Lord Keeper, 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 Proceed 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 or 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, and thereof aught to make Return and certificate. 34 H. 8. c. 16.  
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 is held twice every year.  
The other is called the County Court, wherein he doth determine all petty and small Causes civil, under forty shillings, 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.  
There are in every Shire two other Officers, called Crowner's, 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 Coroners, or Crowner as one hath written, because their enquiry ought to be public, in corona populi. 34 H. 8.20.  
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.  
Also there is in every Shire one Goal, or Prison, appointed for the restraint of Liberty of such Persons as for their offences are thereunto committed, 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 Under-ministers of the Sheriff; and they are to attend upon the Justices in every of their Courts and Sessions.    

THE CONTENTS.  

Of the Readins, etc.  

LEcture I. Pag. 3.  
The Definition of Treason, 5.  
The first Case, 20.  
Lecture II. 41.  
The Second Case, 49.  
Lecture III. 62.    

The Contents of the Cases of Treason, etc.  

CHAP. I. CAses of Treason, Pag. 73.  
Chap. II. The Punishment, Trial, and Proceeding in Cases of Treason, 78.  
Chap. III. Cases of Misprision of Treason, 83.  
Chap. IU. The Punishment, Trial, and proceeding in Cases of Misprision of Treason, ibid.  
Chap. V Cases of petty Treason, 84.  
Chap. VI The Punishment, Trial, and proceed in cases of Petty Treason, 85.  
Chap. VII. Cases of Felony, 86.  
Chap. VIII. The Punishment, Trial, and proceed in cases of Felony, 93.  
Chap. IX. Cases of Felony de se, with the Punishment, Trial and Proceed, 98.  
Chap. X. Cases of Praemunire. 99  
Chap. XI. The Punishment, Trial, and proceeding in Cases of Praemunire, 102.  
Chap. XII. Cases of Abjuration and Exile, and the Proceed therein. 103.  
Chap. XIII. Cases of Heresy, and the Trial and Proceed therein. 106.  
Chap. XIV. The King's Prerogative in Parliament, 107.  
Chap. XV. The King's Prerogative in matters of War or Peace. 108.  
Chap. XVI. The King's Prerogative in matters of Moneys, 110.  
Chap. XVII. The King's Prerogative in matters of Trade and Traffic. 111.  
Chap. XVIII. The King's Prerogative in the Persons of his Subjects, 112.  
Chap. XIX. An Answer to the Question proposed by Sir Alexander Hay, Knight, touching the Office of Constables, 114.  
Chap. XX. Three ends of the Institution of the Court Leet, 118.  
Chap. XXI. The Jurisdiction of Justice's Itinerantes in the Principality of Wales, Pag. 132.    
FINIS.