cap two of petit treason and moreover there be another manner of treason that  be to say when a servant slay his master or a wife her husband or when a man  secular or religious slay his prelate to who he owe faith and obedience and of  such treason the escheat ought to pertain to every lord of his own fee c it be  call high or grand treason in respect of the royal majesty against who it be  commit and comparative it be call petit treason whereof now this statute speak  in respect it be commit against subject and inferior person whereof this Act  do enumerate three kind when a servant slay his master this be petit treason  by the commonlaw for so it appear by the a book of ass that a woman servant  kill her mistress wherefore she have judgement to be burn which be the  judgement at this day of a woman for petit treason and herewith agree e where  the reader must know that in stead of mere in that case you must read master b  and upon this Act if the servant kill the wife of his master it be petit  treason for he be servant both to the husband and wife c if the child commit  parricide in kill of his father or mother which the lawmaker never imagine any  child will do this case be out of this statute unless the child serve the  father or mother for wage or meat drink or apparel for that it be none of  these three kind specify in this law and yet the offence be far more heinous  and impious in a child then in a servant for Pecata contra nature are heavy  but the judge be restrain by this Act to interpret this Act a like or a  those inferior in rank and majus as hereafter shall be say and some say that  parricide be petit treason by the commonlaw d a servant of malice intend to  kill his master and lie in wait to do it while he be his servant but do it not  till a year after he be out of service and it be adjudge petit treason within  this Act or a wife her husband c this be petit treason by the commonlaw as it  appear in our book if the wife procure one to murder her husband and he do it  accord in this case the wife be absent be but accessary and shall be hang and  not burn because the accessary can be guilty of petit treason where the  principal be not guilty but of murder and the accessary must follow the nature  of the principal but if he that do the murder have be a servant of the husband  it have be treason in they both and the wife shall have be burn and so it be  in the case before of a servant and in the case hereafter of a clerk if the  wife and a stranger kill the husband it be petit treason in the wife and  murder in the stranger and so it be in the case of the servant next before and  of the clerk next after before this statute it be petit treason si quis  falsaverit sigillum domini Himself de pron. interrog. household to be Britton  agree herewith but these be take away by this Act and all other save these  that be here express or when a man secular or religious slay his prelate to  who he owe faith and obedience this clause be understand only of a  ecclesiastical person be he secular or regular if he kill his prelate or  superior to who he owe faith and obedience it be petit treason and so it be at  the commonlaw and petit treason both presuppose a trust and obedience in the  offender either civil as in the wife and servant or ecclesiastical as in the  ecclesiastical person Aidors abettor procurer of any of these petit treason be  within this law if the servant kill his mistress videlicet his master wife  this be treason as have be say not by equity for that be deny as well in petit  treason as high treason but it be within the letter of this statute for she be  a master in high treason there be no accessary but all be principal and there  before whatsoever act or consent will make a man accessary to a felony before  the act do the same will make he a principal in case of high treason but in  case of petit treason there may be accessary either before or after the act do  as in case of murder or homicide here it appear that act of parliament may  bind man of the church secular or regular no benefit of clergy allow unto they  in case of treason but hereof you shall read at large in the exposition of the  chapter of articuli allotment of land and of such treason the escheat ought to  pertain to every lord of his own fee c see hereof hereafter in the chapter of  forfeiture b if a man seize in fee of a fair market common rend charge rend  seck warren corrody or any other inheritance that be not hold and be attaint  of felony the king shall have the profit of they during his life but after his  decease see the blood be corrupt they can descend to the heir nor can they  escheat because they be not hold they perish and be extinct by Act in law for  in escheat for petit treason or felony a tenure be requisite as well in the  case of the king as of the subject a approver in case of felony refuse the  combat with the appellee shall have like judgement that be for petit treason  probator recusa war adjudica act of hanging oneself sleigh in odium falsehood  accusation but yet it be not petit treason because it be none of the three  specify in this Act the case which share recite in ass that a Norman be leader  of a English ship who have English man with he and rob diverse upon the sea  and be take and find guilty and as to the Norman it be but felony because  Normandy be lose by king John and be out of the allegiance of e and as to the  English it be adjudge treason and the offender draw and hang which be the  judgement of petit treason but this case must be intend to fall out before  this statute of e for it be none of the petit treason mention in this Act and  because that many other like case of treason may happen in time to come which  a man can think nor declare at this present time it be accord that if any  other case suppose treason which be not above specify do happen before any  justice the justice shall tarry without go to judgement of the treason till  the cause be show and declare before the king and his parliament whether it  ought to be judge treason or other felony like case of treason in this case  the judge shall not judge a like or by equity argument or inference of any  treason high or petit for no like case shall be adjudge treason c and note  this branch extend as have be say to the offence videlicet treason and not to  trial judgement or execution any other case suppose treason no other case  though of as high or high nature c shall be adjudge treason high or petit as  before it appear in the case of parricide year  mariae where above treason  either high treason or petit treason so as this branch extend as have be say  to the offence of treason only which be not above specify this word specify be  to be special observe for it be as much to say as particularize or set down  particular so as nothing be leave to the construction of the judge if it be  not specify and particularize before by this Act a happy sanctuary or place of  refuge for judge to fly unto that no man blood and ruin of his family do lie  upon their conscience against law and if that the construction by argument a  like or a those inferior in rank and majus have be leave to judge the mischief  before this statute will have remain videlicet diversity of opinion what ought  to be adjudge treason whichthisstatute have take away by express word and the  statute of mar do repeat all treason c but only such as be declare and express  in this Act of e wherein this word express be to be observe in the parliament  hold year  h the earl of Northumberland come before the king and lord in  parliament and by his petition to the king acknowledge to have do against his  allegiance and namely for gather of power and give of livery whereof he pray  pardon and the rather that upon the king letter he yield himself and come to  the king unto York where he may have keep himself away the which petition the  king deliver to the justice by they to be consider whereupon the lord make  protestation that the order thereof belong to they as peer of the parliament  to who such judgement belong in weigh of this statute of e c and they judge  the same to be no treason nor felony but only trespass finable at the king  will and the opinion in ass be deny that if one of the indicters discover the  counsel of the king that it shall be treason because it be not specify before  in this Act and therefore neither high treason nor petit treason till the  cause be show and declare before the king and his parliament by this it be  apparent that any like or other case ought to be declare by the whole  parliament and not by the king and lord of the Upper house only or by the king  and the Commons or by the lord and Commons and so be it do by the whole court  of parliament in r where above Elizabeth Elizabeth where above and many other  act of parliament John duke of Gwyen and of Lancaster steward of England and  Thomas duke of Gloucester constable of England the king uncle complain to the  king that Thomas Talbot knight with other his adherent conspire the death of  the say duke in diverse part of Cheshire as the same be confess and well know  and pray that the parliament may judge of the fault which petition be just and  accord to this branch of the statute of e but the record say further whereupon  the king and lord in the parliament adjudge the same fact to be open and high  treason which judgement want the assent of the Commons be no declaration  within this Act of e because it be not by the king and his parliament accord  to this Act but by the king and lord only whether it ought to be judge treason  or other felony this declaration may be absolute or sub modus for a time by  this which have be say it manifest appear what damnable opinion those be  concern high treason of Tresilian chief justice of the king bench sir Robert  Belknap chief justice of the common bench sir John holt sir Roger Fulthorp and  sir William burghe knight fellow of the say sir Robert Belknap and of John  Lockton one of the king sergeant that be give to king r the at Nottingham in  the eleven year of his reign but more detestable be the opinion of the justice  in r and of Hanckford and Brinchley the king sergeant and the rather because  they take no example by the punishment of the former which affirm the say  opinion to be good and lawful save sir William Thirning chief justice of the  common bench give this answer that declaration of treason not declare belong  to the parliament but to please he say that if he have be a lord or a Peer of  parliament if it have be demand of he he will have make the like answer these  justice and sergeant be call in question in the parliament hold year  h for  their say opinion answer as diverse lord spiritual and temporal do that they  dare no otherwise do for fear of death it be thereupon enact that the lord  spiritual and temporal or justice be not from thenceforth receive to say that  they dare not fear of death to say the truth which opinion be so manifest  against our say Act of e afterward in the parliament hold h it be affirm by  authority of parliament that in the say parliament of r diverse statute  judgement ordinance and stablishments be make ordain and give erroneous and  doleful in great disherison and final destruction and undo of many honourable  lord and other liege people of this realm and of their heir forever and  therefore not only that parliament of r and the circumstance and dependence  thereupon be whole reverse revoke void undo repeal and annul for ever but also  the parliament hold in r by authority of which parliament Tresilian Belknap  and the rest of those false justice and sergeant aforesaid be attaint be  confirm for that it be as there the parliament affirm for the great honour and  common profit of the realm and if percase any man of this realm ride arm c for  exposition hereof see the chapter hereafter against ride or go arm for the  better instruction of the reader to discern what offence be high treason or  petit treason at this day it shall be necessary to add hereunto the statute of  mar whereby it be enact that no Act deed or offence be by Act of parliament or  statute make treason petittreason ormisprision of treason by word write cipher  deed or otherwise whatsoever shall be take have deem or adjudge to be high  treason petit treason or misprision of treason but only such as be declare and  express to be treason petit treason or misprision of treason in or by the Act  of parliament or statute make in the year of the reign of the most noble king  of famous memory king Edward the three touch or concern treason or the  declaration of treason and none other c any actor act of parliament statute or  statute have or make at any time heretofore or after the say year of king e or  any other declaration or matter to the contrary in any wise notwithstanding  before this Act so many treason have be make and declare by Act of parliament  since this Act of e some in particular and some in general and in such sort  pen as not only the ignorant and unlearned people but also learned and expert  man be many time trap and snare and sometime treason make or declare in one  king time be abrogate in another king time either by special or general word  so as the mischief before e of the uncertainty what be treason and what not  become to be so frequent and dangerous as the safe and sure remedy be by this  excellent Act of mar to abrogate and repeal all but only such as be specify  and express in this statute of e by which law the safety both of the king and  of the subject and the preservation of the common weal be wise and sufficient  provide for in such certainty as nothing be abandoned estarbitrio judge and  certain the two rule recite in the preamble of the say Act of mariae be assure  true the first that the state of a king stand and consist more assure by the  love and favour of the subject towards their sovereign then in the dread and  fear of law make with rigorous pain and extreme punishment for not obey their  sovereign and the other that law just make for the preservation of the common  weal without extreme punishment or penalty be more often and for the most part  better obey and keep then law and statute make with great and extreme  punishment mitias to command well to appear in which Act five notable thing be  to be observe first it extend without exception to all high treason make by  any Act of parliament since the say Act of e second to all declaration of high  treason by any Act of parliament since the say Act of e as of the say  declaration in r of kill a ambassador and the like three to all petit treason  make or declare by any Act of parliament since the say Act of e fourthly  albeit misprision of treason be not mention in the Act of e yet every  misprision of any treason make or declare since that Act by any Act of  parliament be abrogate five no offence to be treason petit treason or  misprision of treason but only such as he declare and express to be treason  petit treason or misprision of treason by the say Act of e here three thing be  to be observe first that this word express exclude all implication or  inference whatsoever second here misprision of treason be take for concealment  of high treason or petit treason and only of high treason or petit treason  specify and express in the Act of e three that no former judgement attainder  precedent resolution or opinion of judge or justice of high treason petit  treason or misprision of treason other then such as be specify and express in  the say Act of e be to be follow or draw to example for the word be direct and  plain that from henceforth no Act deed or offence c shall be take have deem or  adjudge to be treason petit treason or a misprision of treason but only such  as be declare and express in the say Act of e c any Act of parliament or  statute after e or any other declaration or matter to the contrary  notwithstanding so as there be no high treason petit treason or misprision of  any treason make or declare by any Act of parliament or otherwise since the  Act of e but only such as have be make since the say Act of mariae and of  those only such as be make b perpetual and not during the life of queen marry  or of queen Elizabeth whereof there be diverse which now be expire which you  may read be all in print but there want nothing to the perfection of the  statute of e but a limitation of some certain time wherein the offender shall  be accuse c post intervallum time accusator non to be to hear nisi  to cause to know to be able see faisse justice account to entangle or the  declaration of treason c d declaration make during the natural life of queen  Elizabeth cease by her death for declaration may have limitation as well as  statute introductory of new law there be another excellent branch of a statute  make c in Ph mar in these word and be it further enact by the authority  aforesaid that all trial hereafter to be have award or make for any treason  shall be have and use only accord to the due order and course of the commonlaw