In treason, no witnesses shall be received upon oath for the party's justification.

In treason, if the fact be committed beyond the seas, yet it may be tried in any county where the king will award his commission.

In treason, if the party be non sane memoriæ, yet if he had formerly confessed it before the king's council, and that it be certified that he was of good memory at the time of his examination and confession, the court may proceed to judgment, without calling or arraigning the party.

In treason, the death of the party before conviction dischargeth all proceedings and forfeitures.

In treason, if the party be once acquitted, he should not be brought in question again for the same fact.

In treason, no new case not expressed in the statute of 25 Edward III, or made treason by any special statute since, ought to be judged treason, without consulting with the parliament.

In treason, there can be no prosecution but at the king's suit, and the king's pardon dischargeth.

In treason, the king cannot grant over to any subject power and authority to pardon it.

In treason, a trial of a peer of the kingdom is to be, by special commission, before the lord high steward, and those that pass upon him to be none but peers: the proceeding is with great solemnity, the lord steward sitting under a cloth of state, with a white rod of justice in his hand, and the peers may confer together, but are not any ways shut up; and are demanded, by the lord steward, their voices one by one, and the plurality of voices carries it.

In treason, it hath been an ancient use and favour, from the kings of this realm, to pardon the execution of hanging, drawing, and quartering; and to make warrant for their beheading,

The proceeding, in case of treason, with a common subject, is in the king's bench, or by commission of Oyer and Terminer.

CHAP. III.

Cases of Misprision of Treason.

WHERE a man concealeth high treason only, without any consorting or abetting, it is misprision of treason.

Where a man counterfeiteth any foreign coin of gold or silver, not current in the realm, it is misprision of treason.

Where a man fixes an old seal to a new patent it is misprision of treason.

CHAP. IV.

The Punishment, Trial, and Proceedings in Cases of Misprision of

Treason.

THE punishment of misprision of treason is by perpetual imprisonment, loss of the issues and profits of their lands, during life, and loss of goods and chattels.

The proceeding and trial is, as in cases of high treason.
In misprision of high treason, bail is not admitted.

CHAP. V.

Cases of Petty Treason.

WHERE a servant killeth his master; the wife the husband; the spiritual man his prelate, to whom he is subordinate, and oweth faith and obedience; it is petty treason.

Where a son killeth the father or mother, it hath been questioned, Whether it be petty treason, and the late experience and opinion seemeth to sway to the contrary, though against law and reason in my judgment.

Where a servant killeth his, or her master or mistress, after they are out of service, it is petty treason.

CHAP. VI.

The Punishment, Trial, and Proceedings in Cases of Petty Treason.

IN petty treason, the corporal punishment is by drawing on an hurdle, and hanging, and in a woman, burning.

In petty treason, the forfeiture is the same with the case of felony. In petty treason, all accessaries are but in the case of felony.

CHAP. VII.

Cases of Felony.

WHERE a man committeth murder, or homicide of malice prepensed, it is felony.

Where a man committeth murder, that is breaking of an house, with an intent to commit felony, it is felony.

Where a man committeth man-slaughter, that is homicide of sudden heat, and not of malice prepensed, it is felony.

Where a man rideth armed with a felonious intent, it is felony.

Where a man doth maliciously and feloniously burn any man's house, it is felony.

Where a man doth maliciously, &c. burn corn upon the ground, or in stack, it is felony.

Where a man doth maliciously cut out another man's tongue, or put out his eyes, it is felony.

Where a man robbeth or stealeth, viz. taketh away another man's goods, above the value of twelve pence, out of his possession, with intent to conceal it, it is felony.

Where a man embezzleth and withdraweth any of the king's records at Westminster, whereby a judgment is reversed, it is felony.

it

Where a man, having the custody of the king's armour, ammunition, or other habiliments of war, doth maliciously convey away the same, is felony, if it be to the value of twenty shillings.

Where a servant hath goods of his master's delivered unto him, and goeth away with them, it is felony.

Where a man conjures, or invokes wicked spirits, it is felony.

Where a man doth use or practise witchcraft, whereby any person shall be killed, wasted, or lamed, it is felony.

Where a man practiseth any witchcraft, to discover treasure hid, or to discover stolen goods, or to provoke unlawful love, or to impair or hurt any man's cattle or goods the second time, having been once before convicted of like offence, it is felony.

Where a man useth the craft of multiplication of gold or silver, it is felony.

Where a man receiveth a seminary priest, knowing him to be such a priest, it is felony.

Where a man taketh away a woman against her will, not claiming her as his ward or bond-woman, it is felony.

Where a man or woman marrieth again, his or her former husband or wife being alive, it is felony.

Where a man committeth buggery, with man or beast, it is felony. Where any persons, above the number of twelve, shall assemble themselves with intent to put down inclosures, or bring down prices of victuals, &c. and do not depart after proclamation, it is felony.

Where a man shall use any words to encourage or draw any people together, ut supra, and they do assemble accordingly, and do not depart after proclamation, it is felony.

Where a man, being the king's sworn servant, conspireth to murder any lord of the realm, or any privy-counsellor, it is felony.

Where a soldier hath taken any parcel of the king's wages, and departeth without license, it is felony.

Where a recusant, which is a seducer, and persuader, and inciter of the king's subjects against the king's authority in ecclesiastical causes, or a persuader of conventicles, or shall refuse to abjure the realm, it is felony.

Where vagabonds be found in the realm, calling themselves Egyptians, it is felony.

Where a purveyor doth take without warrant, or otherwise doth offend against certain special laws, it is felony.

Where a man hunts in any forest, park, or warren, by night or by day, with vizard, or other disguisements, and is examined thereof, and concealeth his fact, it is felony.

Where one stealeth certain kind of hawks, it is felony.

Where a man committeth forgery the second time, having been once before convicted, it is felony.

Where a man transporteth rams, or other sheep, out of the king's dominions the second time, it is felony.

Where a man, being imprisoned for felony, breaks prison, it is felony. Where a man procureth, or consenteth to felony to be done, it is felony, as to make him accessary before the fact.

Where a man receiveth or relieveth a felon, it is felony, as to make him accessary after the fact.

Where a woman, by the constraint of her husband, in his presence, joineth with him in committing of felony, it is not felony in her, neither as principal, nor as accessary.

Homicide, or the killing of a man, is to be considered in four kinds, chance-medley, se defendendo, man-slaughter, and wilful murder.

CHAP. VIII.

The Punishment, Trial, and Proceedings in Cases of Felony.

IN felony, the corporal punishment is hanging, and it is doubtful, whether the king may turn it into beheading in the case of a peer, or other person of dignity, because, in treason, the striking off the head is part of the judgment, and so the king pardoneth the rest; but in felony, it is no part of the judgment, 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 intailed: And by some customs, lands in fee-simple are not so forfeited:

The father to the bough,
The son to the plough.

as in gavelkind, in Kent, and other places.

In felony, the escheats go to the lord of the fee, and not to the king, except he be lord: But profits for the estates for lives, or in tail, during the life of tenant in tail, go to the king; and the king hath likewise annum, & diem, & vastum.

In felony, lands are not in the king before office, nor in the lord before entry or recovery, in a writ of escheat, or death of the party

attainted.

In felony, there can be no proceeding with the accessary, before there be a proceeding with the principal: If he die, or plead his pardon, or have his clergy, before attainder, the accessary can never be dealt with.

In felony, if the party stand mute, and will not put himself upon trial, or challenge peremptorily, above that the law allows, he shall have judgment, 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 statute, 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 counsel 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 or jury in the other, but by the jurisdiction of the admiralty.

In felony, no witness shall be received upon oath for the party's justification, no more than in treason.

In felony, if the party be non sana memoria, although it be after the fact, he cannot be tried nor adjudged, except it be in course of outlawry, and that is also erroneous.

In felony, the death of the party, before conviction, dischargeth all proceedings and forfeitures..

In felony, if the party be once acquitted, or in peril of judgment 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 hault justice to a subject, with the regality of power to pardon it.

In felony, the trial of peers is all one as in case of treason.

In felony, the proceedings are in the King's Bench, or before commissioners of Oyer and Terminer, or of jail delivery, and in some cases before justices of the

peace.

CHAP. IX.

Cases of Felony de se, with the Punishment, Trial, and Proceedings,

IN the civil law, and other laws, they make a difference of cases of felony de se; for where a man is called in question upon any capital crime, and killeth himself to prevent the law, there they give the judg ment 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