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* The Statutes relating exclusively to the consequence of the nice distinctions between coin are in the succeeding class: the titles of treason and other offences of an inferior nathose whereby treasons were created in re- ture, I entirely subscribe. spect of the Roman Catholic religion have • The present method of trial in high been referred to under Class I. I have thought treason sometimes gives an unfair advantage it desirable to include a reference to statutes to the real and most dangerous criminal. respecting treason repealed by the general Before the Act of King William, the advanoperation of 1 Mary, st. 1.c.1.; and also to tage was on the side of the prosecution ; and some of the temporary statutes of Mary and so tyrannically executed, in general, as to Elizabeth, on account of their importance in have given occasion to the contrary extreme an historical point of view. It has not ap- in the new law. This evil is most likely to peared requisite to attempt any digest, by occur in the case of those popular commotions way of notes, of the decisions that have taken out of which the constructive treason of levyplace with respect to high treason; as, where ing war is drawn. If those who direct a proany occasion occurs for the practical applica- secutiou for treason in such cases think proper tion of this branch of the laws, there is al- to risk the benefit of public justice by so ways abundant opportunity for preparation, doing, let them take the consequences; but and the law upon the subject is fully collected I would have them allowed a choice, and the in several books of established reputation. use of their discretion. Therefore, if the fear But, upon the doctrine of constructive trea- of change should operate to prevent any leson, I would strongly recommend the perusal gislative alteration of the law of treason, of the very learned and judicious observations there seems an easy course to begin with the of Mr. Luders, in the first volume of his Law following measure, which would make the Tracts; a work which, for extent of informa- least change possible, viz. :-Let no defendant tion, accuracy of judgment, and interesting indicted for felony or misdemeanour be aldiscussion, is entitled to a very high rank in lowed to object that his case amounts to a the estimation of all who may be disposed to higher crime. Some state prosecutions for direct their attention to the study of juris- treason have been justified by the argument, prudence as a rational science. To the fol. that they could not be instituted for less. This lowing observations, arising from the impu- alteration would allow a discretion to those nity which may frequently take place in whom it concerus,'-Tracts, vol. 2. p. 134.
[ Noi I. ] 25 Edward III. stat. 5. c. 2.-A Declaration
which Offences shall be adjudged Treason. · ITEM, whereas divers opinions have been before this time in what case
No. J. Treason shall be said, and in what not ;' the King, at the request of the 23 Edw. III. « Lords and of the Commons, hath made a Declaration in the manner as stat. 5. Č. 2. • hereafter followeth ; that is to say, When a man doth compass or ima
gine the death of our Lord the King, or of our Lady his Queen, or of « their eldest son and heir; if man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir ; or if u man do levy war against our Lord the King in his
Realm, or be adherent to the King's enemies in his Realm, giving to them ‘aid and comfort, in the Realm, or elsewhere, and thereof be provably attainted of open Deed by the people of their condition. And if a man counterfeit the King's Great or Privy Seal, or his money; and if a man bring 'false money into this Realm, counterfeit to the money of England,
as the money called Lushburgh, or other like to the said money of England, knowing the money to be false, to merchandize or make payment, ' in deceit of our said Lord the King and of his people; and if a man slea
the Chancellor, Treasurer, or the King's Justices of the one Bench, or the other, Justices in Eyre, or Justices of Assize, and all other justices assigned to hear and determine, being in their places, doing their offices. . And it is to be understood, that in the cases above rehearsed, that ought to be judged Treason which extends to our Lord the King, and his Royal have the ForMajesty : And of such Treason the forfeiture of the escheats pertaineth feiture of all to our Sovereign Lord, as well of the lands and tenements holden of Offender's other, as of himself
. And moreover there is another manner of Treason, Lands in High that is to say, when a servant slayeth his master, or a wife her husband, Treason. or when a man secular or religious slayeth his prelate, to whom he oweth Petit Treason. « faith and obedience; and of such treason the escheats ought to pertain to
every lord of his own fee. And because that many other like cases of Treason New Quesmay happen in time to come, which a man cannot think nor declare at this tions of Treapresent time; it is accorded, That if any other case, supposed Treason, son shall first which is not above specified, doth happen before any Justices, the Justices be decided in shall tarry without any going to judgment of the Treason till the Cause be Parliament. shewed and declared before the King and his Parliament, whether it ought to be judged Treason or other Felony. And if percase any man of this Realm, ride armed covertly or secretly, with men of arms against any other, to slay him, or rob him, or take him, or retain him till he hath • made fine or ransom for to have his deliverance, it is not the mind of 'the King nor his Council, that in such case it shall be judged Treason, but shall be judged Felony or Trespass, according to the Laws of the land of old time used, and according as the case requireth. And if in such case, or other like, before this time any Justices have judged Treason, and for this cause the lands and tenements have come into 'the King's hands as forfeit, the chief lords of the fee shall have the
escheats of the tenement holden of them, whether that the same tene‘ments be in the King's hands, or in others, by gift or in other man
ner; saving always to our Lord the King the year, and the waste, ' and the forfeitures of chattels, which pertain to him in the cases above named; and that the writs of Scire facias be granted in such case against the land-tenants without other original, and without allowing the protection of our Lord the King, in the said Suit; and that of the lands • which be in the King's hands, writs be granted to the Sheriff of the • counties where the lands be, to deliver them out of the King's hands
without delay.' [ No. II. ] 34 Edward III. c. 12.-There shall be no For
feiture of Lands for Treason of dead Persons not attainted.
No. II. ITEM, Whereas the Commons have complained them of escheators, 34 Edw. III.
which by colour of their office have seised divers lands and tenements as forfeit to the King for Treason surmised in dead persons, which were never attainted of Treason in their lives, the King thereof hath good regard; but because he and his progenitors have been seised of the forfeitures of warrs of all times, the King will not exclude himself of such right, whereof he found his Crown seised, and will continue his right of such forfeitures fallen in his time, and in the time of his father, in the manner as hath been used.' Nevertheless, of his special grace he will ' and granteth, That of such forfeitures fallen in the time of his grandfather, • and all his progenitors before, as soon as an inquest shall be thereof returned in the Chancery by the escheators, or other which have power to inquire, that the tenant shall not be put out of his possession, but shall * be warned by Scire facias, to be at a certain day to answer to his Scire ' facias, if he will. And if any such forfeiture be now, or shall be seised of the same time, that the King's hand shall be out thereof; so always,
that in all other cases of forfeiture for Treason of dead persons not atForfeiture of
' tainted or judged in their lives, their heirs, nor their land-tenants shall dead Persons by present
not be impeached nor challenged, nor of any other forfeiture, except the ment in Eyre,
forfeitures in old time judged after the death of the persons by presentor in the 'ment in Eyre, or in the King's Bench, as of Felons of themselves and King's Bench. 'other.'
[ No. III. ] 5 Richard II. stat. I. c. 7.--Manumissions,
Releases, and other Bands made in the last Tumult by
a Riot, Rout, or Rumour. No. III. ] TEM est ordenez et assentuz qe toutes maneres de manumissions obli
gations relesse et dautres liens faitz par compulsion duretee et manace en 5 Richard II. temps de cestes derrain rumour et ryot encontre les loys de la terre et stat. 1. c. 7. bone foy soient de tout cassez irritez et tenuz pur voides et ceux qi ont
fait faire ou detiegnent encores tielles manumissions obligations relesses liens et autres faitz issint par duresce faitz soient envoies devant le Roi et son conseil pur ent respondre illoeqes de lour fait et oultre soient compellez de faire deliverance et restitution de les faitz avantditz as ceux qi les firent encontre lour bon grec avec les copies dicelles si nulles par cas ent averont faitz par devant pur autre foitz usur ou renoveller leffect dicel sils poiassent. Et semblablement est accordez qu toutz entrees faitz es terres ou tenementz et auxint toutes feoffementz faitz en temps du dit rumour par compulsion et menace ou autrement a force des gentz encontre la loy soient voides et tenuz pur nulles. Et le Roi defende estroitement a toutes maneres des gentz sur peine de quanqe ils purront forfaire devers luy en corps et en biens qe nully desore face ne recomence par voie quelconqe celles riot et rumour nautres semblables. Et si nully le face et ce provez duement soit fait de luy come de traitre au Roi et a son dit Roialme.
[ No. IV.] 21 Richard II. c. 3.- It shall be adjudged
High Treason for any Person to compass the Death of the King, to depose him, to make War against him within
the Realm. ITEM ordeine est et establiz qe chescun qe compasse et purpose le mort
du Roy ou de luy deposier ou desuis rendre son homage liege ou celluy qi leve le poeple et chivache encontre le Roy a faire de guerre deinz son Roialme et de ceo soit duement atteint et adjuggez en parlement soit adjuggez come traitour de haute traison encontre la corone et forface de luy et ses heirs queconqes touz sez terres tenementz possessions et libertees et
No. IV. 21 Rich. II.
touz autres enheritementz queux il ad ou ascun autre ad a son oeps ou No. IV. avoit le jour de traison perpetrez sibien en fee taille come en fee symple a Roy et ses heirs sibien tenuz dautres come de luy mesmes pur toutz jours
21 Rich. II. et auxi celle possession qe ascun autre ad a son oeps. Et qe cest estatut se
c. 3. extende et tiegne lieu sibien as ceux qe sont adjuggez ou atteintz pur ascun des quatre pointz des ditz traisons en cest parlement come de touz ceux qi serront adjuggez ou atteintz en parlement en temps advenir des ascuns des quatre pointz de traisons susditz. Et nest pas lentention du Roy ne de les Seignurs ne assent des Communes avantditz qe
si ascun tiele forface en manere susdite soit enfoeffez en ascuny terre tenement ou possession a autry oeps qe ceo soit compris en celle forfaiture.
[ No. V. ] 1 Henry IV. c. 3.-A Repeal of the whole Par
liament holden Anno 21 Richard II. and of the Authority
given thereby. ITEM come le Lunedy proschein apres le fest del exaltation de le seinte
No. V. croice lan du regne le dit nadgairs Roi Richard vingt primer un parlement 1 Henry IV. feut somonez et tenuz a Westmoet dilloesqes adjournez a Salopbirs a quelle ville certaine poair feut commys par auctorite du parlement as certains persones de proceder sur certains articles et matiers comprisez en rolle du parlement ent fait come par mesme le rolle y purra apparoir en quel parlement et auxint par lauctorite suisdite diverses estatutz juggementz ordinances et establissementz feurent faitz ordinez et renduz erronousement et tres dolourousement en graunde desheritison et final destruction et anientisment des plusours honurable Seignurs et autres lieges du Roialme et de lour heirs as touz jours Nostre Seignur le Roi considerant les tresgraundes meschiefs avantdites de ladvys et assent des toutq les Seignurs espirituelx et temporels et de tout la comminaltee de Roialme ad ajuggez le dit parlement tenuz le dit an vingt primer et lauctoritee ent done come desuis est dit ove toutes les circumstances et dependences dicell destre de null force ou value et qe mesme le parlement ove lauctorite susdite et touz les circumstances et dependences dicell soient de tout reversez revokez irritez cassez repellez pur touz jourz.
[ No. VI. ] 3 Henry VII. c. 14.-Conspiring to destroy
the King, or any Lord Counsellor, or great Officer, shall be Felony ITEM, Forasmuch as by quarrels made to such as have been in great No. VI.
authority, office, and of council with Kings of this Realm, hath ensued 3 Hen. VII. • the destruction of the King's, and the undoing of this Realm; so as it ' hath appeared evidently, when compassing of the death of such as were of the King's true Subjects was had, the destruction of the Prince was imagined thereby, and for the most part it hath grown and been occa• sioned by envy and malice of the King's own household servants, as now
of late such a thing was likely to have ensued; and forasmuch as by the • Law of this land, if actual deeds be not had, there is no remedy for such ' false compassings, imaginations, and confederacies had against any Lord, or any of the King's Council, or any of the King's great Officers in the household, as Steward, Treasurer, and Comptroller, and so great incon• veniences might ensue if such ungodly demeaning should not be straitly punished before that actual deed were done:' Therefore it is ordained by the King, the Lords Spiritual and Temporal, and the Commons, of the said Parliament assembled, and by Authority of the same, That from henceforward the Steward, Treasurer, and Comptroller of the King's house for the time being, or one of them, have full authority and power to enquire by twelve sad and discreet persons, of the Cheque Roll of the King's honourable household, if any servant admitted to be his servant in
No. VI. 3 Hen. VII.
his house sworn, and his name put into the Cheque Roll of his household,
, or Steward, Treasurer, or Comptroller of the King's
in his wars,
[ No. VII.] 11 Henry VII. c. 18.-The Forfeiture of him
which goeth not in Person with the King in his Wars,
when he is in Person. No. VII.
WHEREAS every Subject, by the duty of his allegiance, is bounden to
serve and assist his Prince and Sovereign Lord, at all Seasons when 11 Hen. VII. ' need shall require, and most specially such persons as have by him pro
' motion or advancement, as grants and gifts of offices, fees, and annuities,
mies, for the subduing and repressing of them and their malicious purHe thatwill not 'pose; Wherefore be it enacted and established by the King our Sovego in person
reign Lord, by the advice of his Lords Spiritual and Temporal, and the with the King Commons, in this present Parliament assembled, and by Authority of the
same, That if any person or persons, being within this Realm of England where he is in or Wales, having such offices, fees, or annuities, by any of his rehearsed Person shall gifts and grants, do not give their attendance upon him, when he shall lose his Office, fortune to go in wars in his Person, in their said persons, as their duty &c. granted bindeth them; that then they, and every of them making thereof default by the King. (the King's special Licence not had, or else he have such unfeigned sick
ness, letting, or disease, that he may not in his person come to do his
any wise notwithstanding. Provided, That this Act extend not to any Certain per
Spiritual person, Master of the Rolls, ne to any other officer and clerks sons where of the Chancery, Justices of either Bench, Barons of the King's Excheunto this Sta- quer, and other officers and clerks of the said places, the King's Attornies tute doth not and Solicitor, and the Serjeants at Law. Provided alway, That this Act extend.
shall not extend to any person having any such offices of the King's
[No, VIII. ] 19 Henry VII. c. 1.-For Attendance upon
the King in his Wars. What he shall forfeit who doth