all trial f upon these word many thing have be observe by other first that the  letter of this Act extend only to trial of high treason or petit treason and  not to misprision second foreign treason be to be try by the statute g of h  cap and so it be resolve by all the justice of England in Orurks case and have  be so resolve before but for trial of treason to be have in Wales or where the  king Writ run not in such shire as the king shall assign by his Commission by  the statute of h can be abrogate by this Act because they be triable by the  law h it have be hold that upon the trial of misprision of treason there must  be two lawful witness as well upon the trial as upon the indictment as it be  resolve by the justice in the lord Lumleyes case hill Elizabeth report by the  lord dier under his own hand which we have see but leave out of the print  which for other purpose be cite hereafter three it have be hold that this Act  extend not to the indictment of any treason but to the trial by peer if the  offender be noble or by freeholder if the offender be under the degree of  nobility therefore upon the indictment which be in manner of a accusation by  the statute of e and e two lawful witness be requisite the word of the statute  of e in the last branch be that none shall be indict arraign condemn or  convict for any treason petit treason misprision of treason or for any word  before specify to be speak after the say first day of February for which the  same offender or speaker that in any wise suffer pain of death imprisonment  lose or forfeiture of his good chatels land or tenement he be accuse by two  sufficient and lawful witness or shall Willing without violence confess the  same notam that before specify do refer to the word mention before in the Act  it be manifest by the connexion of the word videlicet for any word before  specify to be speak c the treason in e be mention before the first word be for  any treason petit treason misprision of treason c and by e can it be provide  by the last clause save one that none shall be indict arraign condemn convict  or attaint for any of the treason or offencess aforesaid or for other treason  that now be or hereafter shall be which shall hereafter be perpetrate commit  or do unless the same offender be thereof accuse by two lawful accuser c  unless the say party arraign shall Willing without violence confess the same  here two thing be to be observe the particular pen of both these act videlicet  indict arraign convict c and the word of of Ph mar extend to trial only not to  the indictment two lawful accuser in the Act of e be take for two lawful  witness for by two lawful accuser and accuse by two lawful witness as it be  say e be all one which word accuser be use because two witness ought direct to  accuse that be charge the prisoner for other accuser have we none in the  commonlaw and therefore lawful accuser must be such accuser as law allow and  so be it resolve in the lord Lumleys case by the justice for if accuser shall  not be so take then there must be two accuser by e and two witness by e and  the strange conceit in mar that one may be a accuser by hearsay be utter deny  by the justice in the lord Lumleys case and this word award in the statute of  Ph mar extend to the trial upon the arraignment and not to the indictment for  that be not say to be award and it be resolve by all the justice in a Rolstons  case upon the rebellion in the north that these word shall Willing without  violence confess the same be to be understand where the party accuse upon his  examination before his arraignment Willing confess the same without violence  that be Willing without any torture and be not mean of a confession before the  judge for he be never present at any torture neither upon his arraignment be  ever any torture offer and here come another b statute make in mar to be  consider by which it be provide that treason for the counterfeit and unpairing  of the coin currant in this realm c the offender therein c shall be indict  arraign try convict or attaint by such like evidence and in such manner and  from as have be use and accustom within this realm at any time before the  first year of king e c wherein the special pen of this Act be to be observe  which in case of treason concern the counterfeit or impair of coin c have by  particular word restore the evidence requisite by the commonlaw before the  statute of e as well upon the indictment as the trial but the Act of Ph mar  cap extend to trial only in other case of high treason and therefore that Act  extend not to the indictment of other high treason also it be most necessary  as many do hold that there shall be two lawful accuser that be two lawful  witness at the time of the indictment for that it be common find in the  absence of the party accuse and it may be when the party suspect be beyond sea  or in remote part and may be obtain thereupon and therefore see the indictment  be the foundation of all it be most necessary to have substantial proof in a  cause so criminal where test to arise be luce clear last if the indictment be  part of the trial then ought he that be noble and a lord of parliament be  indict of high treason c by his peer for the trial of he without question must  be by his peer but the indictment of peer of the realm be always by freeholder  and not by their peer as hereafter shall appear we have be the long herein in  respect of some variety of opinion for want of due and entire consideration  have of all and every part of that which have be say upon serious study touch  this point without respect of a common wander opinion and it seem that by the  ancient commonlaw one accuser or witness be not sufficient to convict any  person of high treason a for in that case where be but one accuser it shall be  try before the constable and martial by combat as by many record appear b but  the constable and martial have no jurisdiction to hold plea of any thing which  may be determine or discuss by the commonlaw and that two witness be require  appear by our c book and I remember no authority in our book to the contrary  and the commonlaw herein be ground upon the law of God express both in the old  and new testament d in over two or three neutr. to pass away who  to put out of the way nemo to strike down to make one contra see to say  testimonium and this seem to be the more clear in the trial by the peer or  noble of the realm because they come not de to some place  vicineto whereby  they may take notice of the fact in respect of vicinity as other juror may do  have now rehearse what other have say and hold we upon due consideration have  of the whole matter will set down our own opinion and reason in these four  point follow first that the statute of e e cap be a general law and extend to  all high treason as well by the commonlaw declare by the statute of e as to  any other statute make or to be make the negative word of which statute be no  person shall be f indict arraign convict condemn or attaint for any treason  that now be or hereafter shall be c which word without all question be general  and so to be take the word of that statute be further unless the same offender  be accuse by two lawful accuser these two lawful accuser be injudgment of law  take for two lawful witness and that for two cause first they must be lawful  that be allow by the law of the realm and by the law upon the arraignment of  the prisoner upon the indictment of treason no other accuser can be hear but  witness only second the word of the statute be which say accuser at the time  of the arraignment of the party accuse if they be then live shall be bring in  person before the party so accuse and avow and maintain that which they have  to say to prove he guilty of the treason unless the party arraign shall  Willing without violence confess the same as by that Act it appear now to avow  and maintain that which they have to say to prove he guilty of the treason be  the proper office and duty of witness and so it be say in the statute of g e c  in the last clause by two lawful witness see the statute of Elizabeth c where  it be say accuse by good and sufficient testmony to the same intent the  statute of Ph mariae can for the word accuse I Puniantor accuser penes owner  king quad amodA king the dawn de easy non to give as a loan et ankle penalty  fiat the dawn wicker basket to withhold fieri strike against who injust trusty  domini king exhaeredari desturi to make c that this Act of e extend as well to  petit treason as high treason for the word be any treason and so do the  statute of e can that the statute of Ph mar cap do not abrogate the say Act of  e or of e for that Act of Ph mar extend only to trial by the verdict of twelve  man de vicineto of the place where the offence be allege and k the indictment  be no part of the trial but a information or declaration for the king and the  evidence of witness to the jury be no part of the trial for by law the trial  in that case be not by witness but by the for dict of twelve man and so a  manifest diversity between the evidence to a jury and a trial by jury and the  word award in that statute do prove that that Act extend only to the venire  facias for trial for neither the indictment nor the evidence can be say to be  award veritas who minim defender to press against who non disapprove of  approve et such freely mind of me to set free a the trial against a Aliennee  that live here under the protection of the king and amity be between both king  for high treason shall by force of this Act of Ph mar be try accord to the due  course of the commonlaw and therefore in that case he shall not be try per  medieratem linguae as he shall be in case of petit treason murder and felony  if he pray it b that a trial in a foreign county upon examination before three  of the Council c by the statute of h can be abrogate by this Act of Ph mar be  a trial contrary to the due course of the commonlaw which be to have it try by  juror of the proper county c but the indictment be find in the proper county  it may be by special commission hear and determine before commissioner in any  foreign county but the trial must be by juror of the proper county and this be  warrant by the course of the commonlaw and albeit when the term begin all  Conmisssions of oier and terminer in the county where the king bench sit be  suspend during the term yet if a indictment be find before such commissioner  before the term there may be a special commission make to commissioner in the  same county sit the king bench in that county to hear and determine the same  during the term for the king bench have no power to proceed thereupon till the  indictment be before they and it be the better if the special commission bear  testae after the beginning of the term note a diversity between general  commissioner of oier and Teminer and such a special commission and the court  of king bench may be adjourn and in the mean time the commissioner may sit  there d and where it be provide by the statute of h cap that peremptory  challenge shall not from thenceforth be admit or allow in case of high treason  or misprision of treason e this branch be abrogate by the say Act of mar for  the end of challenge be to have a indifferent trial and which be require by  law and to bar the party indict of his lawful challenge be to bar he of a  principal matter concern his trial and all act of parliament concern incident  to trial contrary to the course of the commonlaw be abrogate by the say word  and that all trial hereafter c but all this be to be understand of person  under the degree of nobility for in case of a trial of a noble man lord of  parliament he can challenge at all any of his peer f Henry Garnet superior of  the jesuits in England uponhisarraignment for the powder treason do challenge  Burrrell a citizen of London peremptory and it be allow unto he by the  resolution of all the judge g so as in case of high treason or misprision of  high treason a man maychallenge peremptory which be under three jury but more  he can last all statute make before the say Act of Ph mar for trial of high  treason petit treason or misprision of treason contrary to the due course of  the commonlaw be abogated by the say Act of Ph mar and trial by the due course  of the commonlaw with challenge incident in those case be restore h if a man  be indict of high treason he may at this day plead a foreign plea as he may do  by the commonlaw and shall be try in the foreign county but otherwise it be in  case of petit treason murder or felony for there it shall be try in the county  where the indictment be take and forasmuch as the proceed against a noble Peer  of the realm be a lord of parliament in some point agree and in other point  differ from the proceed against a subject under the degree of nobility it  shall be necessary to show wherein they agree and wherein they differ the  noble Peer of the realm must be indict before commissioner of oier and Teminer  or in the king bench if the treason misprision of treason felony or misprision  thereof be commit in that county where the king bench sit as it be resolve in  the case of though d of n in a Elizabeth and this be common to both degree to  be indict by juror of that county where the offence be commit when he be  indict then the king by his Commission under the great seal constitute some  Peer of the realm to be here vice steward of England for his style in the  Commission be seneschallus England who be judge in this case of the treason or  felony or of the misprision of the same commit by any Peer of the realm this  commission recite the indictment general as it be find and power give to the  lord steward to receive the indictment c and to proceed secundum law  experience England and a commandment be give thereby to the peer of the realm  to be attendant and obedient to he and a commandment to the lieutenant of the  tower to bring the prisoner before he a certiorari be award out of the  chancery to remove the indictment it self before the steward of England  indialte which may either bear date the same day of the steward Commission or  any day after the steward direct his precept under his seal to the  commissioner c to certify the indictment such a day and place another Writ go  out of the chancery direct to the lieutenant of the tower to bring the body of  the prisoner before the steward at such day and place as he shall appoint the  lord steward make a precept under his seal to the lieutenant of the tower c  and therein express a day and place when he shall bring the prisoner before he  the steward make another precept under his seal to a sergeant at arm to summon  tot tale lord magnate proceres hujusregni England prediction r comrade e pares  per quos rei veritas well to know to be able quad Self of to be evident  in person prediction Seneschallo at Westminster tali die hour and faciend she  who ex part domini king to bore to make c wherein four thing be to be observe  first that all these precept most common bear date all in one day second that  no number of peer be nam in the precept and yet there must be twelve or above  three that the precept be award for the return of the peer before any  arraignment or plea plead by the prisoner fourthly that in this case the lord  be not de Vicineto andtherefore the sit and trial may be in any county of  England and herein be great difference between the case of a Peer of the realm  and of one under the degree of nobility at the day the steward with six  sergeant at arm before he take his place under a Cloth of state and then the  clerk of the crown deliver unto he his Commission who redelivers the same unto  he and the clerk of the crown cause a sergeant at arm to make three oyes and  commandment give in the name of the lord high steward of England to keep  silence and then be the Commission read and then the usher deliver to the  steward a white rod who redelivers the same to he again who hold it before the  steward then another oyes be make a commandment give in the name of the high  steward of England to all justice and commissioner to certify all indictment  and record c which be deliver into court the clerk of the crown read the  return another oyes be make that the lieutenant of the tower c return his Writ  and precept and to bring the prisoner to the bar which be do the clerk read  the return another oyes be make that the sergeant at arm return his precept  with name of the baron and peer by he summon and the return of that be also  read another oyes be make that all earl baron and peer which by the  commandment of the high steward be summon answer to their name and then they  take their place and sit down and their name be record and the entry of the  record be that they appear and faciendum she who ex part domini king the dawn  injunge and when they be all in their place and the prisoner at the bar the  high steward declare to the prisoner the cause of their assembly and persuade  he to answer without fear that he shall be hear with patience and that justice  shall be do then the clerk of the crown read the indictment and proceed to the  arraignment of the prisoner and if he plead not guilty the entry be et de hoc  de good evil to put down see super pares swine c then the high steward give a  charge to the peer exhort they to try the prisoner indifferent accord to their  evidence the peer be not swear but be charge super faithfulness ligeantiis  lord king debt is owed for so the record speak then the king learned Council  give evidence and produce their proof for the king against the prisoner but  the prisoner when he plead not guilty whereby he deny the fact he needs have  no advice of Council to that plea but if he have any matter of law to plead as  Humphrey Stafford in h have videlicet the privilege of sanctuary he shall have  Council assign to he to plead the same or any other matter in law as to plead  the general pardon or a particular pardon or the like and after the plea of  not guilty the prisoner can have no Council learned assign to he to answer the  king Council learned nor to defend he and the reason thereof be not because it  concern matter of fact for ex facto law oricur but the true reason of the law  in this case be first that the testimony and the proof of the offence ought to  be so clear and manifest as there can be no defence of it second the court  ought to be in dread of council for the prisoner to see that nothing be urge  against he contrary to law and right nay any learned man that be present may  inform the court for the benefit of the prisoner of any thing that may make  the proceed erroneous and herein there be no diversity between the Peer and  another subject and to the end that the trial may be the more indifferent see  that the safety of the prisoner consist in the indifferency of the court the  judge ought not to deliver their opinion before hand of any criminal case that  may come before they judicial and we read that in the case of Humphrey  Stafford that arch traitor Hussey chief justice beseech king Henry the seven  that he will not desire to know their opinion before hand for Humphrey  Stafford for they think it shall come before they in the king bench judicial  and then they will do that which of right they ought and the king accept of it  and therefore the judge ought not to deliver their opinion beforehand upon a  case put and proof urge of one side in absence of the party accuse especial in  case of high nature and which deserve so fatal and extreme punishment for how  can they be indifferent who have deliver their opinion before hand without  hear of the party when a small addition or substraction may alter the case and  how do it stand with their oath who be swear that they shall well and lawful  serve our lord the king and his people in the office of a justice and they  shall do equal law and execution of right to all his subject c see more of  this matter in the section here follow there be always either all or some of  the judge ever attendant upon the high steward and sit at the foot of the peer  or about a table in the amid or in some other convenient place after all the  evidence give for the king and the prisoner answer and proof at large and with  patience hear then be the prisoner withdraw from the bar to some private place  under the custody of the lieutenant c and after that he be withdraw the lord  that be tryer of the prisoner go to some place to consider of their evidence  and if upon debate thereof they shall doubt of any matter and thereupon send  to the high steward to have conference with the judge or with the high steward  they ought to have no conference either with the judge or the high steward but  open in court and in the pre sense and hear of the prisoner as it be resolve  by all the justice of England in the reign of king h in the case of the lord  Dacres of the north and this be a just resolution for when the lord shall put  a case and ask advice thereupon the prisoner ought by law to be present to see  that the case or question be right put and therefore that nothing be do in his  absence until they be agree on their verdict hereupon it follow that if the  peer of the realm who be intend to be indifferent can have no conference with  the judge or with the high steward in open court in theabsence of the prisoner  a strong the king learned counsel shall not in the absence of the party accuse  upon any case put or matter show by they private participate the opinion of  the judge and upon so just a resolution the case succeed well for the peer  find the lord Dacres not guilty a noble man can waive his trial by his peer  and put himself upon the trial of the country that be of twelve freeholder for  the statute of magnacarta be that he must be try per pares and so it be  resolve in the lord Dacres case Ubi above the peer ought to continue together  as jury in case of other subject ought to do until they be agree of their  verdict when they be agree they all come again into the court and take their  place and then the lord high steward public in open court beginning with the  puisne lord who in the case of the lord Dacre be the lord mordant say unto he  by lord mordant be William lord Dacre guilty of the treason whereof he have be  indict or arraign or of any of they and the lord stand up say not guilty and  so upward of all the other lord seriatim who all give the same verdict in  which case the entry be super quo wonder come e the other anredicti pares  instanter super faithfulness ligeantiis speech lord king dibitis per  a saying beforehand Senescallum ab below pare usq and supremum apart publice  to weigh to say quad wonder dominus Dacre non be culp c the peer give their  verdict in the absence of the prisoner and then be the prisoner bring to the  bar again and then do the lord steward acquaint the prisoner with the verdict  of his peer and give judgement accord either of condemnation or acquittal but  it be not so in the case of another subject for there the verdict be give in  his presence every lord of parliament and that have voice in parliament and  call thereunto by the king Writ shall not be try by his peer but only such as  sit there ration nobility class as duke marquis count viscount or baron and  not such as be lord of parliament ration baroniarum quas tenent in jure church  by reason of their barony which they hold in the right of the church as arch  bishop and bishop and in time pass some abbot and prior but they shall be try  by the country that be by freeholder for that they be not of the degree of  nobility a no noble man shall be try by his peer but only at the suit of the  king upon a indictment of high treason or misprision of the same petit treason  murder or other felony or misprision of the same but in case of a praemunire  or the like though it be at the suit of the king he shall not be try by his  peer but by freeholder and so in a appeal at the suit of the party for petit  treason murder robbery or other felony he shall be try by freeholder see more  hereof in the second part of the institute magnacarta cap b and albeit a man  be noble and yet no lord of the parliament of this realm as if he be a  nobleman of Scotland or of Ireland of France c he shall be try by knight  esquire or other of the Commons and so it be of the son of a duke marquise  earl c he be noble and call lord and yet because he be no lord of parliament  he shall be try as one under the degree of a Peer and lord of parliament no  Peer of the realm or any other subject shall be convict by verdict but the say  offence must be find by above four twenty videlicet by twelve or above at his  indictment or by twelve peer or above if he be noble and by twelve and not  above if he be under the degree of nobility a Peer of the realm be indict of  treason or felony or of misprision as be aforesaid and due transmit to the  lord may be arraign thereof in the upper house of parliament as frequent in  parliament roll it do appear but then there must be appoint a steward of  England who shall put he to answer and if he plead not guilty he shall be try  per pares swine and then the lord spiritual must withdraw and make their proxy  but no appeal of treason can be in parliament a but be oust by the statute of  h cap b and as the beginning videlicet the find of the indictment by  freeholder be equal to they both so the most extreme and heavy judgement if  they be find guilty be equal to both c which you may read in the first part of  the institute sect c and though the Commission of the lord steward be only in  these latter time here vice yet may the same be adjourn as other commission  here vice may and so it be hold in the lord Dacres case and so it be do by the  steward of England in the case of r earl of S and of f his wife who adjourn  his Commission until the next day if execution be not do accord to the  judgement then the high steward in the case of a Peer of the realm or the  court of commissioner in case of another subject may by their precept under  their seal command execution to be do accord to the judgement but in case of  high treason if all the rest of the judgement save the behead which be part of  the judgement be pardon this ought to be under the great seal of England and  when the service be perform then be a oyes make for the dissolve of the  Commission and then be the white rod which have be bear and hold before the  steward by he take in both his hand and break over his head last the  indictment together with the record of the arraignment trial and judgement  shall be deliver into the king bench there to be keep and enrol hitherto we  have speak when a noble man do appear and plead not guilty and put himself  upon his peer now let we see what shall be have against he when he be indict  and appear not and can be take and general he shall be outlaw per judgment  a crowner but how do that stand with great Charta nec super the dawn to go nec  super the dawn mitremus nisi per of judgment Parium of oneself that be to be  intend when he appear and plead not guilty and put himself upon his peer but  when he absent himself and will not yield himself to the due trial of his peer  then he shall be outlained per judgment a crowner or else be shall take  advantage of his own contumacy and fly from judgement d for process to be  award upon the indictment or appeal of treason felony or trespass either  against a nobleman or any other see the statute of h and h and if the process  order prescribedly those statute be not pursue the outlawry may be reverse by  writ of error which writ ought to be grant to he ex deservedly  the whole of the laws as it be adjudge in Ninian Menvils case and those  statute do extend as well to the king bench as to other court have by  commission power to hear and determine the same and very few outlawry of  treason or felony be of force and validity in law for that these act be not  pursue and these act be well expound by our book and therefore they shall not  needs to be recite at large this be necessary to be add that the opinion of  Stanf pl cor l upon the statute of h c be where the attainder be not erroneous  but lawful by the course of the law and so it be resolve Tr Elizabeth and  thereupon e the statute of Elizabeth can be make that no attainder that then  be for any high treason shall be reverse for error where the party be execute  but that Act extend only to attainder before that Act and where the party  attaint suffer pain of death as have be say but admit the wooer be award  accord to these statute the truth be that the party indict of high treason be  he noble or other at the time of the outlawry pronounce be out of the realm c  whether may he avoid the same by writ of error the answer be that he may have  avoid the same by writ of error at the commonlaw but now in case of high  treason he be bar of his writ of error by the statute of h and e which statute  be expound to extend general to all treason but those statute extend not to  any other offence then high treason only and therefore all other offence  remain as they do at the commonlaw for that point now for that all indictment  for any offence whatsoever as well of nobleman as of any under the degree of  nobility ought by the commonlaw of the realm to be by person due return and by  lawful liege people indifferent as they stand unswear and without any  denomination of any a good and profitable law be make in that behalf at the  parliament hold in h in these word item because that now of late a inquest be  take at Westminster of person nam to the b justice without due return of the  sheriff of which person some be coutlawed before the say justice of record and  some flee to sanctuary for treason and some for felony there to have refuge by  who as well many offender be indict as other lawful liege people of our lord  the king not guilty by conspiracy abetment and false imagination of other  person for their special advantage and singular lucre against the course of  the commonlaw use and accustom before this time our say lord the king for the  great ease and quietness of his people will and grant that the same indictment  so make with all the dependence thereof be d revoke annul void and hold for  none for ever and that from henceforth no indictment be make by any such  person but by inquest of the king lawful e liege people in the manner as be  use in the time of his noble progenitor return by the sheriff or bailiff of  franchise without any f denomination to the sheriff or bailiff of franchise  before make by any person of the name which by he shall be impanel except it  be by the officer of the say sheriff or bailiff of franchise swear and know to  make the same g and other officer to who it pertain to make the same accord to  the law of England and if any indictment be madehereafter in any point to the  contrary that the same indictment be also void revoke and for ever hold for  none the body of this Act consist upon two distinct Purviens or branch the one  to remedy a mischief pass the other to provide for the time to come the first  branch consist of a preamble and a purvien and the preamble contain these  eight part first it show diverse inquest have be take at Westminster by person  nam to the justice second without duereturn of the sheriff three of which some  be outline before the say justice of record fourthly some flee to sanctuary  for treason and some for felony five by who many offender be indict six some  not guilty seven by conspiracy c eighthly that all this be against the course  of the commonlaw by the body of the Act it be enact that the same indictment  with all the dependence thereof be revoke and make void then follow the second  branch or purvien for the time to come and this purvien consist of diverse  part first in describe by what person indictment ought to be find and therein  private that be not by any such person have reference to the preamble which  person we have before particular distinguish positive that all indictment must  be find by person of these quality they must be the king lawful liege people  return by the sheriff or bailiff of franchise and other officer to who it  pertain without any denomination to the sheriff bailiff or other officer and  this purvien be in affirmance and declaratory of the commonlaw the second part  of the purvien be introductory of a new law videlicet that if any indictment  be make hereafter in any point to the contrary that the same indictment be  void revoke and hold for none wherein these two thing be to be observe that  this be a general law and extend to all indictment for any crime default of  offence whatsoever for the word be if any indictment general without name of  any court or before who if the indictment be find by any person that be outlaw  or not the king lawful liege people or not lawful return or denominate by any  videlicet by all be any of these that then the indictment be void for the word  be if any indictment be make hereafter in any point to the contrary c upon  this statute in the case of Robert scarlet before the justice of assize at  bury in the county of Suffolk in summer vacation James r these point be  resolve and adjudge first where at the section of the peace hold at Woodbridge  in the say county of Suffolk Robert scarlet by confederacy between he and the  clerk that be to read the panel of the grand jury return by the Shirif whereof  he be none albeit he labour the sheriff to have return he that the clerk shall  read he as one of the panel which be do accord and he swear it be resolve and  adjudge that this case be within this statute for that he be not return by the  sheriff second that where the rest of the great inquest give faith to he  indict seventeen honest and good man upon diverse penal statute which be do by  the say Robert scarlet malicious it be resolve and adjudge that albeit he  alone be swear without the return of the sheriff and all the rest due return  yet that this case be within this statute and all the indictment find by he  and the rest be void by this statute for hereby it appear what mischief such a  one may do three that Robert scarlet upon this case have offend against the  say Act and may be indict thereupon and accord he be upon sufficient proof of  the fact as be aforesaid indict upon the say Act and plead not guilty and be  find guilty fourthly that this Act extend not only to indictment of treason  and felony but of all other offence and default whatsoever accord to the  generality of the word five consideration be have of the Act of h cap  andresolved clear that this statute have not alter the Act of h in any thing  concern the offence of scarlet as upon that which shall be say of the Act of h  shall appear and upon hear of Council learned what they can say in arrest of  judgement at last judgement be give that he shall be fine and imprison and  order by the court that no process shall go out upon the say indictment find  by the say great inquest whereof scarlet be one but not withstand this good  law through the subtlety true demeanour of sheriff and their minister great  extortion and oppression be and have be commit and do to many of the king  subject by mean of return at section hold within county and shire for the body  of the shire the name of such person as for the singular advantage c of the  say sheriff and their minister will be wilful forswear and perjure by the  sinister labour of the say sheriff and their minister by reason whereof many  substantial person the king true subject have be wrongful indict of murder  felony and misdemeanour and sometime by labour of the say sheriff and their  minister diverse great felony and murder have be conceal c for remedy of which  mischief it be enact by the say statute of h cap that the justice of gaol  delivery or justice of peace whereof one to be of the quorum in their open  session may reform the panel return by the sheriff to inquire for the king by  put to and take out the name of the person so impanel by the discretion of the  say justice c and that the sheriff shall return the panells so reform this Act  extend only to justice of gaol delivery and of the peace the body of the Act  for offence be general and evident vide h cap notam lector that the aforesaid  parliament of h begin in Quindena hilarii year  h and the same term videlicet  hill h foe it be accord to the say Act of h resolve by gascoigne chief justice  and all the rest of the justice that a indictment of felony find by a inquest  before h whereof one be outlaw of felony and another be acquit by the general  pardon so as they be not Probus et of man to inquire as the law will and after  the party have plead not guilty to the felony it be award that all the  indictment by they find be annul and make void herewith agree Stanford in his  plea of the crown foe vide f title indictment Coron and brook title indictment  note the Act say that they be outlaw before themselves so as the court may  take knowledge thereof of themselves or of any other as friend curiae but the  safe way for the party indict be to plead upon his arraignment the special  matter give unto he by the statute of h for the overthrow of the indictment  with such averment as by law be require agreeable to the opinion of the lord  brook Ubi above and to plead over to the felony and to require council learned  for the plead thereof which ought to be grant and also to require a copy of so  much of the indictment as shall be necessary for the frame of his plea which  also ought to be grant and these law make for indifferency of indicters ought  to be construe favourable for that the indictment be common find in the  absence of the party and yet it be the foundation of all the rest of the  proceed to draw to a end concern trial it be regular true that by the  commonlaw the trial shall be in the county where the indictment be take and by  the aforesaid Act of h treason and misprision of treason commit or do out of  the realm c shall be inquire of hear and determine before the justice of the  king bench c now the case fall out upon this statute to be thus one be indict  before the justice of the king bench at the term hold at Hertford by a jury of  the county Hertford for diverse high treason commit out of this realm and  after the term be adjourn to Westminster in the county of Mid the question be  by which of the county the party indict shall be try and it be resolve that he  shall be try by man of that county where the indictment be take but otherwise  it be upon the statute of Elizabeth can the case be that horn bishop of winch  tender to Edmond bonner late bishop of London in the county of Surrey within  his diocese the oath of supremacy accord to the Act of Elizabeth which bonner  refuse and this be certify by the bishop of winch into the king bench then sit  at Westminster in the county of Mid now by the statute of Elizabeth he that  refuse the oath be to be indict of a praemunire by a jury of Mid as a jury of  that county may do for any offence do in that county and extend only to the  indictment where the word of the Act of h be shall be inquire of hear and  determine the question upon the statute of Elizabeth be if bonner shall appear  and plead not guilty by what county he shall be try whether by a jury of Mid  where the indictment be or by a jury of Surrey where the offence be commit and  resolve that he shall be try by a jury of Surrey for the statute of Elizabeth  extend to the indictment only and leave the trial to the commonlaw which  appoint trial to be where the offence be commit and so a manifest diversity  between the two case for regular by the commonlaw in all plea of the crown  debet quis law sabjacere where to fail it be now necessary to be know how  prisoner to speak once for all commit for treason or any other offence ought  to be demean in prison Bracton say Solent preside in of to with prison  to hold together damare ut in vincalis to hold together say hujusmodi  prohibition are a lege because carce and to hold together non and to punish  to have to withhold and in another place he say come autem in such a manner   capacity in person justice be to lead forth to lead forth non debet to tie  shades of dead  however much sometimes gestan shackles   proptere vasionis  pericu'um et hoc therefore ne to see compulsion and largely purification  to take a if felon come in judgement to answer c they shall be out of iron and  all manner of bind so that their pain shall not take away any manner of reason  nor they constrain to answer but at their free will b and in another place he  say and of prisoner we will that none shall be put in iron but those which  shall be take for felony or trespass in park or vivaries or which be find in  arerages upon account and we defend that otherwise they shall not be punish  nor torment c all autem attachiabiles although vicocomiti in prison to watch c  our yet and puniend say and custioniend c d it be a abuse that prisoner be  charge with iron or put to any pain before they be attaint e quidam facerdos  arraniatus de felon to put down see super native land c to stand and barram in  ferris say per teaching justice liberator a ferris and there be no difference  in law as to a priest and a lie man as to iron f presentat quoth where quidam  Roberrus Bayhons de Tanesby capacity to be c in prison castle Lincoln  holding back pro in debt is owed set up mercatorii incustodia though butler  constabularii castle de Lincoln there pillage though Le Botelet posuitipsum  robertum in depths gaol inter brothel keeper in vili prison contra form  Statut.&c to the same place profoundo to hold off until what time idem  robertus fecit that which divides come eastern de S quos ei to loosen per  extorsionem so as hereby it appear that where the law require that a  prisonershould be keep in salv to shut up custodian yet that that must be  without pain or torment to the prisoner hereupon two question do arise when  and by who and rack or break in the tower be bring in to the first John  holland earl of Huntingdon be by king h create duke of Exeter and year  h the  king grant to he the office of the constableship of the tower he and William  de la pool duke of Suffolk and other intend to have bring in the civil law for  a beginning whereof the duke of Exeter be constable of the tower first bring  into the tower the rack or break allow in many case by the civil law and  thereupon the rack be call the duke of exeters daughter because he first bring  it thither to the second upon this occasion sir John fortescue chief justice  of England write his book in commendation of the law of England and therein  prefer the same for the government of this country before the civil law and  particular that all torture and torment of party accuse be direct against the  commonlawes of England and show the inconvenience thereof by fearful example  to who I refer you be worthy your read so as there be no law to warrant  torture in this land nor can they be justify by any prescription be so late  bring in and the poet in describe the iniquity of Radamanthus that cruel judge  of hell say Castigatque to hear trick to drive up to confess first he punish  before he hear and when he have hear his denial he compel the party accuse by  torture to confess it but far otherwise do almighty God proceed after  party in law suit to make a scandal of be peremptory or urgent call  interrogate judge to conclude this point it be against magnacarta cap nullus  libre a human being c to some place  modus to tear down nec super come to go  nec super the dawn to cause to go nisi per of judgment Parium of oneself or  per law terrae and accord all the say ancient author be against any pain or  torment to be put or inflict upon the prisoner before attainder nor after  attainder but accord to the judgement and there be no one opinion in our book  or judicial record that we have see and remember for the maintenance of  torture or torment c and now to conclude this chapter of treason it appear in  the holy scripture that traitor never prosper what good soever they pretend  but be most severe and exemplary punish as a corah Dathan and abiram by  miracle to break to pieces be land sub pedibas the dawn to uncover os suum de  to swallow whole that c b athalia the daughter of amri to put out of the way  be sword c bagathan and thara against assuerus Apponsus be uterq corum in  forkshaped yoke d Absalon against David to hang up in tree Joab to fasten tres  a Spanish lance in cord he e Achitophel with Absalon against David a hanging  to go among he hang himself f Abiathar the traitorous high priest against  Solomon Abiathar priesthood dixit king c et indeed  man death es say today te  non to put out of the way c to cast out ergo Solomon Abiathar ut non be  sacerdos g Shimei against David sword to put out of the way h Zimri against  ela who burn himself I Theudas who to strike down be circiter who  to give as a loan ei to rub gently are to drive back and nothing and Judas  Galilaeus ipse to pass away all however many to agree ei to rub gently are  last k Judas Iscariot secundum nomen he man murder the traitor of traitor et  hic indeed  to have and hold agrum de mercede unfairness of oneself to hang up  To rattle medius to spread by pouring are all viscera he peruse over all our  book record and history and you shall find a principle in law a rule in reason  and a trial in experience that treason do ever produce fatal final destruction  to the offender and never attain to the desire end two incident inseparable  thereunto and therefore let all man abandon it as the most poisonous bait of  the devil of hell and follow the precept in holy scripture fear God honour the  king and have no company with the seditious see more of treason in the next  chapter of misprision c and in principal and accessary in the title of  judgement and execution and in the chapter of monomachia single combat c the  residus of this Act of e