cap I of high treason by the statute of e de treason be declare in certain  particular case what offence shall be take to be treason with this restriction  that if any other case suppose to be treason shall happen before any justice  the justice shall tarry without go to judgement of the treason till the case  be show before the king and his parliament whether it ought to be adjudge  treason or other felony therefore we will lie our foundation upon and begin  with that act of parliament the letter whereof in to appropriate idiomate  ensue also whereas diverse opinion have be before this time in what case  treason shall be say and in what not the king at the request of the lord and  of the commons have make a declaration in the manner as hereafter follow that  be to say when a man do compass or imagine the death of our lord the king of  my lady his queen or of their old son and heir or if a man do violate the king  companion or the king old daughter unmarried or the wife of the king old son  and heir or if a man do levy war against our lord the king in his realm or be  adherent to the king enemy in his realm give to they aid and comfort in the  realm or elsewhere and thereof be provable attaint of open deed by people of  their condition and if a man counterfeit the king 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 call Lusheburgh or other like to the say money of  England know the money to be false to merchandise or make payment in deceit of  our say lord the king and of his people and if a man slay the chancellor  treasurer or the king justice of the one bench or the other justice in eire or  justice of assize and all other justice assign to hear and determine be in  their place do their office and it be to be understand that in the case above  rehearse it ought to be judge treason which extend to our lord the king and  his royal majesty and of such treason the forfeiture of the escheat pertain to  our lord the king as well of the land and tenement hold of other as of himself  and albeit nothing can concern the king his crown and dignity more then sin  to hurt grandeur high treason yet at the request of his lord and commons the  bless king by authority of parliament make the declaration as be above say and  therefore and for other excellent law make at this parliament this be call  blessed one parliament as it well deserve for except it be great Charta no  other act of parliament have have more honour give unto it by the king lord  spiritual and temporal and the commons of the realm for the time be in full  parliament then this act concern treason have have for by the statute of h cap  recite that where at a parliament hold r diverse pain of treason be ordain by  statute in as much as there be no man do know how to behave himself to do  speak or say for doubt of such pain it be enact by the king the lord and  commons that in no time to come any treason be judge otherwise then it be  ordain by this statute of e the like honour be give to it by the statute of e  cap and by the statute of ma cap sess different time but all agree in the  magnify and extol of this bless act of e of this act of mariae we shall speak  more hereafter but to proceed to give a light touch how other act of  parliament have be call the parliament hold at Oxford a h be call immensely  parliament e the parliament of whitebands a white precious stone fibular or  metellarum e parliament good r parliament quoth fecit miracle that wrought  wonder r magnum parliament h parliament indoctu lack learning parliament h  parliament fustiu the parliament of bat the session of parliament in a h call  the black parliament the act of e be call parliament pium the pious parliament  and the say act of mar parliament favorable the merciful parliament the  parliament of queen Elizabeth style pia justice et foreseeing the parliament  hold year  of king James call foelix parliament the happy parliament and the  parliament hold in the three year of our sovereign lord king Charles  blessed one parliament the bless parliament the several reason of these former  appellation appear of record and in history and the latter be yet fresh in  memory at the make of the statute of e the high court of justice be furnish  with excellent man videlicet sir William Shardshillknight short write in book  share lord chief justice of the king bench and his companion justice of that  court sir John Stonor knight common write in book stone lord chief justice of  the court of common plead and his companion justice of that court and  Gervasius de Wilford lord chief baron of the exchequer man famous in their  profession and excellent in the knowledge of the law at the make of the  statute of h be sir Walter Clopton knight lord chief justice of the king bench  and his companion justice of that court and sir William Thirning knight lord  chief justice of the court of common plead and his companion justice of that  court and sir John Caffie knight lord chief baron of the exchequer man equal  to any of their predecessor in the knowledge of the law at the make of the  statute of e be sir Richard Lister knight lord chief justice of the king bench  and his companion justice of that court and sir Edward Montague knight lord  chief justice of the court of common plead and his companion justice of that  court and sir Roger Cholmeley knight lord chief baron of the exchequer man of  that excellency as they be worthy of the name of the worthy of the law at the  make of the statute of mar be sir Thomas Bromley knight lord chief justice of  the king bench and his companion justice of that court and sir Richard Morgan  knight lord chief justice of the court of common plead and his companion  justice of that court and sir d brook knight lord chief baron of the exchequer  man renown for their great knowledge and judgement in their profession all  these we have nam in the honour of they and of their family and posterity for  that they in their several time be great furtherer of these excellent law  concern treason in memory of an age to be legitimate and all this be do in  several age that the fair lily and rise of the crown may flourish and not be  stain by severe and sanguinary statute but let we come to the act it self and  for the better understanding thereof and of the book case and other record  ground upon the same let we divide this act concern high treason into several  class or head and then prosecute the same in order so as treason be member  division and these several class or head be membram to divide and if the  offence be not within one of these class or head it be no treason treason be  derive from trahir which be treacherous to betray Trahue betray and treason  per contractionen treason be the betray it self to uncover unwarlike mind nil  strongly daring treason Inter law gray foe can a betrayal hlaford swice  to count inter crime jure human affairs  not to be atoned for treason be  divide into two part videlicet high treason nourishing treason and into petit  treason treason little the Latin word use in law be treason a to put forth and  thereof come proditionie which of necessity must be use in every indictment of  treason and can be express by any other word peripharsis or circumlocution and  fait declarisement this law be for the most part declaratory of the ancient  law and therefore this word declarisement be use Butyetthestudious reader  shall observe that in diverse clause it add to the former law where unto this  word declarisement will sufficient extend when a man this extend to both sex  a human being include both man and woman this Act be general and therefore  extend to person which claim a privilege to be exempt from secular  jurisdiction for example Adam de Orleton bishop of Hereford be indict of high  treason for aid the Mortimer c with man and armour against king e c whereupon  he be arraign and allege see without ofsensa God Sanctxae Ecelesiae without  licential domini top high priest non posse nec to withhold to answer in here  part and thereupon the archbishop of Canterbury York and Dublin and their  suffragan come to the bar claim his privilege and take he away and he be so  far from punishment as he be after translate to Worcester and after to  Winchester but this statute to clear all doubt extend to all person as well  ecclesiastical as temporal and so have it ever since be put in execution as  hereafter in diverse case it appear see hereafter cap murder larceny a man  that be non compos chin as shall be say more full hereafter in the next  section or a infant within the age of discretion be not un home within this  statute for the principal end of punishment be that other by his example may  fear to offend de penalty and few metus and all pervenia but such punishment  can be no example to madman or infant that be not of the age of discretion and  God forbid that in case so penal the law shall not be certain and if it be  certain in case of murder and felony a strong it ought to be certain in case  of treason if a man commit treason or felony and confess the same or be  thereof otherwise convict if afterward he become de non sane memory who suffer  exile chin he shall not be call to answer or if after judgement he become de  non sane memory he shall not be execute for it can be a example to other and  all alien that be within the realm of England and who soon reign be in amity  with the king of England be within the protection of the king and do owe a  local obedience to the king be home within this Act and if they commit high  treason against the king they shall be punish as traitor but otherwise it be  of a enemy whereof you may read at large lib calvin's case fol c c do compass  let we see first what the compass or imagine the beath of a subject be before  and at the time of the make of this statute a when will to count over pro  facto and b Bracton say that to look on will non exitus nothing interest utrum  quis to strike down or cause death to hold forth so as when the law be so hold  he must cause death to hold forth that be declare the same by some open deed  tend to the execution of his intent or which may be cause of death as justice  c spigurnel report a case adjudge that a man wife go away her Avowterer and  they d compass the death of the husband as he be ride towards the session of  oier and terminer and gaol delivery they assault he and stroke he with weapon  that he fall down as dead whereupon they flee the husband recover and make hue  and cry and come to the session and show all this matter to the justice and  upon the warrant of the justice they be take indict and arraign and all this  special matter be find by verdict anditwasadjudged that the man shall be hang  and the woman burn and sir William Beresford chief justice of the common plea  say that before he and his companion justice of dier and terminer and gaol  delivery a youth be arraign for that he will have steal the good of his master  and come to his master bed where he lie asleep and with a knife attempt with  all his force to have cut his throat and think that he have indeed cut it he  flee whereupon the master cry out and his neighbour apprehend the youth and  all this matter be find by special verdict in the end he be adjudge to be hang  c because will to count over pro facto so as it be not a bear compass or plot  of the death of a man either by word or write but such a overt deed as be  aforesaid to manifest the same so as if a man have compass the death of  another and have utter the same by word or write yet he shall not have die for  it for there want a overt deed tend to the execution of his compass eBut if a  man have imagine to murder or rob another and to that intent have become  insidiator a way and assault he though he kill he not nor take any thing from  he yet be it felony for there be a overt deed but in those day in the case of  the king if a man have compass or imagine the death of the king who be the  head of the common wealth and have declare his compass or imagination by word  or write this have be high treason and a sufficient overture by the ancient  law and herewith agree all ourancient book Glanville say come quis de death  king c to bring into ill repute c Bracton in the title de sin to hurt grandeur  Ipseaccusatuspraeloquutus to be death king and Britton fol grand treason be a  compasser our mort and foe b Cyface lenensor son appeal c and ill oya mesme  cei John pur parlour tiel mort you tiel treason c and Fleta say in his title  de crimine to hurt grandeur si quis death king daring rash a contrivance to be  c however much will non to lead through and execution and the Mirrorsaith  crime de majestic be un peche horrible fait all roy c p ceux Q occirent Le roy  you compassant a fair and it will delight you in respect of reverend antiquity  to hear a precedent of a appeal which then and after be in use of high treason  en pleine pliam c en temps roy Edmond en cestes parolx Rocelyn icy dit vers  Waligrot illonq Q a tiel jour tiel whether   deal reign de tiel roy en tiel  lieu vie celui Waligrot a cei Rocelyn et ill trova destre en company et en aid  ensemblement sheep Atheling Thurkild Ballard et autres de fair prisoner you en  attach pur occire nre signior Le roy Edmond you en auter manner p coupe  feloniousment et a Ceo fair fuer entreinres a Ceo counsel celer et a Ceo  felony issint fornir solong lour poier by all which it be manifest that  compass machinate counsel c to kill the king though it have no other  declaration thereof but by word be high treasonby the commonlaw  Andseehereafter verb per overt fait et de Ceo provablement c do compass or  imagine so as there must be a comapassing or imagination for a Act do per  misfortune without compass intent or imagination be not within this Act as it  appear by the express word thereof et right of way for cattle non compose  party in law suit nisi man fit rea maxim and if it be not within the word of  this Act then by force of a clause hereafter videlicet et pur Ceo and plusor  auters c it can be adjudge treason until it be declare treason by parliament  which be the remedic in that case which the maker of the law provide in that  case this compass intent or imagination though secret be to be try by the peer  and to be discover by circumstance precedent concomitant and subsequent with  all endeavour evermore for the safety of the king this be the case of sir  Walter Tirrel a French knight who the first day of August Ann Williel Ann dom  be a hunt with the king in the new forest be command by the king to shoot at a  heart to go out ergo fenugreek  volatile et to stand before tree in sidelong  to bend back to make per medium tripe king to wound who subito corpse  to fall together it appear also by the Custumer of Normandy treat of treason  and the exposition of the same that this act be not treason to calculate or  seek to know by set of a figure or witchcraft how long the king shall reign or  live be no treason for it be no compass or imagination of the death of the  king within this statute of e and this appear by the judgement of the  parliament in Elizabeth whereby this offence be make felony during the life of  queen Elizabeth which before be punishable by fine and imprisonment the  ancient law be that if a mad man have kill or offer to kill the king it be  hold for treason and so it appear by king alfred's law before the Conquest and  in lib in Beverlyes case but now by this statute and by force of these word  fait compasser you imaginer la mort he that be non compos chin and total  deprive of all compassings and imagination can commit high treason by compass  or imagine the death of the king for full of madness solon ferore punish  but  it must be a absolute madness and a total deprivation of memory and this  appear by the statute of h for thereby it be provide that if a man be compos  chin commit high treason and after accusation c fall to madness that he may be  try in his absence c and suffer death as if he be of perfect memory for by  this statute of e a mad man can not commit high treason it be further provide  by the say Act of h that if a man attaint of treason become mad that  notwithstanding he shall be execute which cruel and inhumane law live not long  but be repeal for in that point also it be against the commonlaw because by  intendment of law the execution of the offender be for example ut penalty and  few metus and all to come up as before be say but so it be not when a mad man  be execute but shall be a miserable spectacle both against law and of extreme  inhumanity and cruelty and can be no example to other death a he that declare  by overt act to depose the king be a sufficient overt act to prove that be  compass and imagine the death of the king and so it be to b imprison the king  or to take the king into his power and manifest the same by some overt act  this be also a sufficient overt act for the intent aforesaid but peruse advice  the statute of Eliz cap Elizabeth cap of our lord the king there word extend  to all his successor as it have be always take the king be to be understand of  a king regnant and not of one that have but the name of a king or a nominative  king as it be resolve in the case of king Philip who marry queen marry and be  but a nominative king for queen marry have the office and dignity of a king so  as she want within this Act of e and he that have the name and not the office  and dignity of the king be not within it and therefore a Act be make that to  compass or imagine the death of king Philip c during his marriage with the  queen be treason a queen regnant be within these word nre signior Le roy for  she have the office of a king this Act be to be understand of a king in  possession of the crown and kingdom for if there be a king regnant in  possession although he be king de facto et non de jure yet be he signior Le  roy within the purview of this statute and the other that have right and be  out of possession be not within this Act nay if treason be commit against a  king de facto et non de jure and after the king de jure come to the crown he  shall punish the treason do to the king de facto and a pardon grant by a king  de jure that be not also de facto be void if the crown descend to the rightful  heir he be king before coronation for by the law of England there be no  interregnum and coronation be but a ornament or solemnity of honour and so it  be resolve by all the judge hill James in the case of Watson and clarke  seminary priest for by the law there be always a king in who name the law be  to be maintain and execute otherwise justice shall fail diverse king before  the Conquest voluntary renounce their kingly office and so do king h in the  year of his reign and Henry his son be create and crown it appear by Britton  that to compass the death of the father of the king be treason and so be the  law hold long after that for after king e have dismiss himself of his kingly  office and duty and his son by the name of e be crown and king regnant those  curse caitiff Thomas Gourny and William Ocle and other be attaint of high  treason for murder the king father who have be king by the name of e and have  judgement to be draw hang and quarter the like judgement be give against sir  John Matrevers knight and other as be guilty of the death of the king uncle  Edmond earl of ken which at that time be so near of the blood royal be by some  hold also treason but now this Act of e have restrain high treason in case of  death all nre signior Le roy sa compaigne et all eigne Fitzherbert et heir Le  roy Nicholas de Segrave be charge in open parliament in present time domini  Reg comrade baron et another de council king tunc there existent that the king  in the war of Scotland be among his enemy Nicholas Segrave his liege man and  hold of the king by homage and fealty serve he for his aid in that war do  malicious move contention and discord without cause with John de Crombewell  charge he with many enormous crime and offer to prove it upon his body to who  the say John answer that he will answer he in the king court as the court  shall consider c and thereupon give he his faith after Nich withdraw himself  from the king host and from the king aid leave the king among his enemy in  danger victim of oneself and adjourn the say John to defend himself in the  court of the king of France and prefix he a certain day et such quantum in  eastern to be subjicie et puls forth dominium king et royal power  in all submissiveness domini king France and hoc faciendum iter suum  you might have taken usque Dovoriam and transfrerandum c all which the say  Nich confess et willing domini king de alto et basto ind see puls forth et  super hoc dns king volens to have avisamentum comrade baron great man et  another de council his injunxi the same in homage faithfulness allegiance who  ei to hold quoth Self with reliance on God to meet and consider wicker basket  penalty pro tali facto such  understand  to be to dash upon who all condition  super hoc diligence tractaru avisamento to look at closely comprehension  omnibus in prediction facto contenus c dicuut quoth hujusmodi factum  to deserve loss  vitae a limb c so as this offence be then solemn in  parliament adjudge high treason but this be take away by this Act of e be not  under any of the class or head specify in this act so piracy by any of the  king subject upon another be take to be treason before this Act for so be the  book to be intend because a pirate be hostis human noble birth but by this Act  it be not now to be judge treason see hereafter in the chapter of piracy one  do marry a queen regnant if the husband compass the death of the queen and  declare the same by over act he be guilty of treason and punishable by this  act for to this and many other purpose she be a distinct person by the  commonlaw and so if a queen wife of a king regnant compass the death of the  king and declare the same by overt act she be guilty of treason and punishable  by this act so as that we may speak it once for all by these and many other  that may be cite some whereof shall hereafter be touch the preamble of this  act appear to be true that diverse opinion have be before the make of this act  what offence shall be adjudge high treason and what not this statute have  restrain the compass c of death to the king queen prince it come to pass after  the make of this act that in r two citizen of London John kerby mercer and  John cold grocer conceive malice against John imperial Janevois of S marry in  Genoa that come as ambassador from the state of Genoa to the king under the  king letter of safe conduct for alliance to be have between the king and the  duke and commonalty of Genoa aforesaid for that the say John imperial have  obtain a monopoly to furnish this land keep his staple at Southampton of all  such ware as come from the Levant so plentiful as be to be have in all the  west part of Christendom the say John imperial be kill by they as more at  large appear by the record and albeit the say John imperial be a ambassador  under the king safe conduct and the kill of he be just pretty cause yet the  kill of he be no treason because it be not under any of the say class or head  until it be at that time declare by parliament in these word Quel case examine  dispute inter less signior commons puis I all roy en pleine parliament estoit  illonques devant ne signior Le roy declare determinus assentus and tiel fait  coupe be treason crime de royal majesty blemye en quel case ill ne doir  allower a nulluy privilege deal clergy and accord the say kerby and cold be  attaint of high treason in the king bench hill r where above but this  declaration be take away by the statute of mariae as hereafter shall be say  and yet of this declaration we shall make much use hereafter in the year of e  which be about year before the make of this act one John at hill have murder a  de Walton the king ambassador message domini king miss and mandatum king  to follow to the grave this be adjudge high treason for which he be draw hang  and behead c for true it be quoth bequest he vice to busy oneself a quo  to make fast to honor be as that pron. interrog. turn to bear about legatos of  contra law a king of Illyria be but by this Act of e it be restrain to the  death de ne signior Le roy and therefore viceroy be not within this statute of  my lady his queen this word compaigne which be all one with consort or wife be  use that compass c must be during the marriage with the king for after the  king death she be not sa compaigne and therefore it extend not to a queen  dowager and for this cause this word compaigne be use in this Act their old  son and heir the old son and heir of a queen regnant be within this law before  this statute some do hold that to compass the death of any of the king child  be treason but by this Act it be restrain to the prince the king son be heir  apparent to the crown for the time be and he needs not be the first beget son  for the second after the decease of the first beget without issue be  Fitzherbert eigne within this statute such de the other if the heir apparent  to the crown be a collateral heir apparent he be not within this statute until  it be declare by parliament as it be in the duke of York case Roger Mottimer  earl of march be in year  domini r proclaim heir apparent year  h Richard duke  of York be likewise proclaim heir apparent and so be John de la pool earl of  Lincoln by r and Henry marquise of Exeter by king Henry the eight but none of  these or of the like be within the Purvieu of this statute and now that we  have handle compassings and imagination let we proceed to the residue which  concern act and deed heir be here take for heir apparent for he can be heir in  the life of the father if a man do violate the king companion the mirror say  crime de majesty vers Le roy p ceux Avowterors Q spergissent la feme Le roy  whereby it appear that this be high treason by the commonlaw of be here take  for carnally  understand  and it be no treason unless it be do during the  marriage with the king and extend not to a queen dowager as have be say and if  the wife of the king do yield and consent to he that commit this treason it be  treason in her the wife of the king old son and heir this also extend to the  wife of the prince during the coverture between they and not to a dowager and  if the wife yield and consent to he that commit this treason it be treason in  her heir here be take ut above for heir apparent or the king old daughter  unmarried that be old daughter not marry at the time of the violation albeit  there have be a elder daughter then she who be dead without issue the mirror  Avowterors Q spergissent la file Le roy eignes legittime avaunt Ceo Q el soit  marry and the reason that the old only be here mention be for that for default  of issue male she only be inheritable to the crown or if a man do levy war  against our lord the king a this be high treason by the commonlaw for no  subject can levy war within the realm without authority from the king for to  he it only belong see f n b a Le roy de droit saver defender son realm vers  enemy c b a compass or conspiracy to levy war be no treason for there must be  a levy of war in facto but if many conspire to levy war and some of they do  levy the same accord to the conspiracy this be high treason in all for in  treason all be principal and war be levy if any levy war to expulse stranger  to deliver man out of prison to remove counsellor or against any statute or to  any other end pretend reformation of their own head without warrant this be  levy of war against the king because they take upon they royal authority which  be against the king there be a diversity between levy of war and commit of a  great riot a rout or a unlawful assembly c for example as if three or four or  more do rise to burn or put down a enclosure in dale which the lord of the  manor of dale have make there in that particular place this or the like be a  riot a rout or a unlawful assembly and no treason but if they have rise of  purpose to alter religion establish within the realm or law or to go from town  to town general and to cast down enclosure this be a levy of war though there  be no great number of the conspirator within the Purvien of this statute  because the pretence be public and general and not private in particular and  so it be resolve in the case of Richard Bradshaw miller Robert Burton major  and other of Oxfordshire who case be that they conspire and agree to assemble  themselves with so many as they can procure at enslowe mill in the say county  and there to rise and from thence to go from gentleman house to gentleman  house and to cast down enclosure as well for enlargement of high way as of  Errable land and they agree to get armour and artillery at the lord norrys his  house and to wear they in go from gentleman house to gentleman house for the  purpose aforesaid and to that purpose they persuade diverse other and all this  be confess by the offender and it be resolve that this be a compass and  intention to levy war against the queen because the pretence be public within  the statute of Elizabeth can the letter whereof herein short follow and the  offender be attaint and execute at enslowe mill and this diversity be prove by  a latter branch of this Act et si per case ascun home de cest realm chimancha  arm discovert secretment sheep gentle arm contre ascun autre pur ill tuer you  disrober you pur ill prender you retainer tanq ill face fine you ransom pur sa  deliverance nest lentention Le roy de son counsel Q en tiel case soit adjudge  treason mes soit adjudge felony you trespass solonq Le lie deal te  auncienement use whereby it appear that bear of arm in warlike manner for a  private revenge or end be no levy of war against the king within this statute  so that every gather of force be not high treason and so it be resolve in  parliament in h rot parliament nu the earl of Northumberland case by the say  statute of Elizabeth cap it be enact declare andestablished that during the  natural life of queen Elizabeth if any within the realm or without shall  compass imagine invent devise or intend to levy war against her majesty within  this realm or without and the same declare by write or word c that it shall be  high treason so during the life of the queen a conspiracy to levy war be high  treason though no war be levy and upon that law Bradshaw Burton and other be  attaint of high treason for conspiracy only to levy war but it be resolve by  all the justice that it be no treason within the statute of e as have be say  the word in this law be levy guerre a actual rebellion or insurrection be a  levy of war within this Act and by the name of levy war be to be express in  the indictment if any with strength and weapon invasive and defensive do hold  and defend a castle or fort against the king and his power this be levy of war  against the king within this statute of e or be adherent to the king enemy in  his realm give to they aid and comfort in the realm or elsewhere it be resolve  by all the judge of England in the reign of king h that a insurrection against  the statute of labourer for the enhance of salary and wage be a levy of war  against the king because it be general against the king law and the offender  take upon they the reformation thereof which subject by gather of power ought  not to do it be special find that diverse of the king subject do minister and  yield victual to sir John Oldcastle knight and other be in open war against  the king and that they be in company with they in open war but all this be  find to be pro fear death quoth recefierunt how quickly procuerunt and it be  adjudge to be no treason because it be for fear of death et  right of way for cattle non compose party in law suit nisi man fit rea and  therefore this in they be no lie of war against the king within this Act  adherent a this be here explain videlicet in give aid and comfort to the king  enemy within the realm or without delivery or surrender of the king castle or  fort by the king captain thereof to the king enemy within the realm or without  for reward c be a adhere to the Kingsenemy and consequent treason declare by  this Act a be out of the realm at the time of a rebellion within England and  one of the rebel fly out of the realm who a know his treason do aid or succour  this be no treason in a by this branch of e because the traitor be no enemy as  hereafter shall be say and this statute be take strict enemy enemy  in legal  understanding be hostis for c the subject of the king though they be in open  war or rebellion against the king yet be they be not the king enemy but  traitor for enemy be those that be out of the allegiance of the king if a  subject jouyne with a foreign enemy and come into England with he he shall not  be take prisoner here and ransom or proceed with as a enemy shall but he shall  be take as a traitor to the king d a enemy come in open hostility into England  and take shall be either execute by Marshall-Law or ransom for he can be  indict of treason for that he never be within the protection or allegiance of  the king and the indictment of treason say contra allegiance to sew  debt is owed e David prince of Wales levy war against E.1.This be treason for  that he be within the homage and allegiance of the king and have judgement  give against he as a traitor and not as a enemy and albeit in many precedent  of indictment subject that be rebel and traitor c be call traitor unfriendly  yet within this statute they be not unfriendly f in the duke of Northfolks  case the question be a league be between the queen of England and the king of  scot whether the lord herise and other scot in area free from obstacles battle  burn and waste diverse town in England without the assent of the king be enemy  in law within this statute and resolve that they be g see more hereafter in  this three part of the institute cap of piracy c upon the statute of h cap or  elsewhere that be to say out of the realm of England but then it may be demand  how shall at this time this foreign treason be try and some h of our book do  answer that the offender shall be indict and try in this realm where his land  lie and so it be adjudge in h but now by the statute of h cap which yet remain  in force all offence make or declare or hereafter make or declare treason  misprision of treason and concealment of treason commit out of the realm of  England shall be inquire of hear and determine either in the king bench or  before commissioner in such shire as shall be assign by the king if it be  before commissioner it have be common use that the king do write his name in  the upper part of the Comminssion but in the case of Patrick oh cologne a  Irishman the queen do put her signature to the warrant to the lord keeper and  not to the commission and it be hold by the justice that the one way and the  other be a sufficient assignment by the king within the statute of h I it be  resolve by all the judge of England that for a treason do in Ireland the  offender may be try by the statute of h in England because the word of the  statute be all treason commit out of the realm of England and Ireland be out  of the realm of England and so it be resolve in sir John parrot case and our  word here per ailors elsewhere be as much as out of the realm of England see  pasch h in person king rot Salop treason in Wales k all treason do upon the  sea shall be inquire hear and determine in such shire and place of the realm  as shall be limit by the king Commission in like from and condition as if the  same have be do upon the land c after the common course of the law of this  land and by the preamble it appear that it can not be try by the commonlaw but  by the civil law before the lord admiral see hereafter in the exposition of  the statute of h cap infra cap and thereof be provable attain of open deed by  people of their condition in this branch thing be to be observe g first this  word provablement probable that be upon direct and manifest proof not upon  conjectural or presumption or inference or strain of wit but upon good and  sufficient proof and herein the adverb provablement probable have a great  force and signify a direct and plain proof which word the king the lord and  Commons in parliament do use for that the offence be so heinous and be so  heavy and severe punish as none other the like and therefore the offender must  probable be attaint which word be as forcible as upon direct and manifest  proof note the word be not probable for then common argumentum may have serve  but the word be provable be attaint this word attaint necessary imply that he  be proceed with and attaint accord to the due course and proceed of law and  not by absolute power or by other mean as in former time have be use h and  therefore if a man do adhere to the enemy of the king or be slay in open war  against the king or otherwise die before the attainder oftreason he forfeit  nothing because as this Act say he be not attaint wherein this Act have alter  that which before this Act in case of treason be take for law and the statute  of e cap save nothing to the king but that which be in be and pertain to the  king of the make of that Act and this appear by a judgement in parliament in  year  h cap that jack cade be slay in open rebellion can no way be punish or  forfeit any thing and therefore be attaint by that act of high treason of open  deed per area free from obstacles factum this do also strengthen the former  exposition of the word provablement that it must be provable by a open act  which must be manifest prove as if diverse do conspire the death of the king  and the manner how and thereupon provide weapon powder poison assay harness  send letter c or the like for execution of the conspiracy also preparation by  some overt act to depose the king or take the king by force and strong hand  and to imprison he until he have yield to certain demand this be a sufficient  overt to prove the compass and imagination of the death of the king for this  upon the matter be to make the king a subject and so despoil he of his kingly  office of royal government and so it be resolve by all the judge of England  hill James king in the case of the lord Cobham lord grey and Watson and clarke  seminary priest and so have it be resolve by the justice hill Elizabeth in the  case of the earl of e and of S who intend to go to the court where the queen  be and to have take her into their power and to have remove diverse of her  counsel and for that end do assemble a multitude of people this be raise to  end aforesaid be a sufficient overt act for compass the death of the queen and  so by woeful experience in former time it have fall out in the case of king e  r h and e that be take imprison by their subject and this be make more plain  by the legal from of a indictment of treason for first it be allege accord to  this act quoth proditorAe compassavit to give an image of to be death  destruction domini king Self dom king intersicere c in the second part of the  indictment be allege the overt act et and that nephandam proditoriam  comapassationem imagination propositum suum perficiend perimplend and then  certain to set down the overt fact for preparation to take and imprison the  king or any other sufficient overt act which of necessity must be set down in  the indictment hereby it appear how insufficeint many indictment be of high  treason wherein it be general allege that per area free from obstacles factum  compassavit to give an image of to be death dom king c for example termo mic  year  e Edward duke of Somerset be indict before commissioner of oyer and  terminer in London quoth ipse god be in charge   eye n'est non to have say  instigatione diabo licam to lead aside at Holborn in parish consecrated  andreae infra community London videlicet die April year  royal power domini  king Edward Sextius quint to visit a day turn before postea falsely maliciose  proditory per aperium factum to go around compassavit imaginavit come to visit  other mask prediction owner king de position his royal to lay deprivare c  which indictment and all other of like from be against law as have be say and  of the matter of this indictment that noble duke be by his peer find not  guilty but then it may be demand for what offence he have judgement of death  and what law make it a offence the offence appear in his indictment for the  former part thereof contain high treason whereof he be acquit the latter part  contain one only offence of felony whereof he be find guilty in these word et  beyond a swearer pillage looks like quoth praesatus Edward dux Somerset de  be in charge   eye n'est non to have say instigatione devilish to lead aside  maii a royal power speech dom king eduvardi Sextius quint say in addition to  ac to visit other a day turn before postea at Holborn in pillage paroch  consecrated andreae in community London at to visit other loca infra community  London pillage felon ut selo speech dom king per area free from obstacles word  fanctam to take care of to move to goad on complurim to put under Self domini  king and insurgend area free from obstacles rebellion insurrectionem infra hoc  kingdom England movend contra Self owner king and tunc ibidem felon and  to take in hand imprisonandum be in charge   nobles  Johan comrade Warwick de  private citizen council domini king and tunc existen contra peace speech  domini king crown rank to sew contra form to cause to stand in hujusmodi  grammatical case high provision the statute whereupon this indictment be  intend to be ground be the branch of the statute of e by which it be provide  that if any person or person by ring of any bel c or by malicious speak or  utter of any word or make any Dutery c or by any other deed or act shall raise  or cause to be raise or assemble any person to the number of or above to the  intent that the same person shall do commit and put in use any of the act or  thing above mention whereof to take and imprison any of the king most  honourable privy counsel be one and the person to the number of or above so  raise and assemble after request and commandment in such sort as in that Act  be prescribe shall make their above and continue together as be aforesaid in  the Act or unlawful perpetrate do commit or put in use any of the act or thing  abovesaid that then all and singular person by who speak deed act or any other  the mean above specify any person to the number of or above shall be raise or  assemble for the do commit or put in use any of the act or thing above mention  shall be adjudge for his so speak or do a felon and suffer execution of death  as in case of felony and shall lose his benefit of sanctuary and clergy hereby  it do manifest appear that the truth concern this nobleman attainder and  execution in diverse thing be contrary to the vulgar opinion and some of our  chronicle and in some point contrary to law first that for the felony make by  the say branch of the say Act he can not have have his clergy for clergy in  that case be express oust by the say Act that he be not indict for go about c  the death of the earl of Warwick then of the king privy counsel but only for  his take or imprisonment and therefore can not be indict upon the statute of h  as some have imagine that the indictment be altogether insufficient for it  pursue not the word or matter of the say branch of the say Act as by compare  of they it manifest appear which we be desirous that truth may appear in all  thing we have think good upon this occasion to add for advancement of truth  that be but attain of felony he can not by law be behead as elsewhere we have  show and this Act that create the felony say that such a felon shall suffer  execution of death as in case of felony last this whole Act be just hold to be  a doubtful and dangerous statute and therefore be deserve repeal and after the  fall of this duke see the preamble of the statute of subsidy of e and now to  return to case of high treason if a man be arraign upon a indictment of high  treason and stand mute he shall have suchjudgement and incur such forfeiture  as if he have be convict by verdict or if he have confess it for this stand  well wit hthis word provablement for to confess deed who judgment flee but  otherwise it be in case of petit treason murder or other felony if a subject  conspire with a foreign prince beyond the sea to invade the realm by open  hostility and prepare for the same by some overt act this be a sufficient  overt act for the death of the king for by this Act of parliament in that case  there must be a overt act who covering for head or health king persidiose sive  solus sive slave or murderer mercede contraction itipatus to lie in ambush  vita chance he omnibus apart from the State so as thereby a overt act be  require the composition and connexion of the word be to be observe videlicet  thereof be attain by overt deed this relate to the several and distinct  treason before express and special to the compass and imagination of the death  of the king c for that it be secret in the heart and therefore one of they can  be a overt act for another as for example a conspiracy be have to levy war  this as have be say and so resolve be no treason by this Act until it be levy  therefore it be no overt act or manifest proof of the compass of the death of  the king within this Act for the word be de Ceo c that be of the compass of  the death for this be to confound the several class or membram to divide such  de the other c diverse latter act of parliament have ordain that compass by  bear word or say shall be high treason but all they be either repeal or expire  and it be common say that bear word may make a heretic but not a traitor  without a overt act and the wisdom of the maker of this law will not make word  only to be treason see such variety among the witness be about the same as few  of they agree together but if the same be set down in write by the delinquent  himself this be a sufficient overt act within this statute cardinal pool  albeit he be a subject to h and of the king blood be descend from George duke  of Clarence brother to king e yet he in his book of the supremacy of the pope  write about h incite Charles the emperor then prepare against the Turk to bend  his force against his natural sovereign lord and country the write of which  book be a sufficient overt act within this statute and to move the emperor the  rather in that book he make h almost as ill as the Turk in these word in  England to strew nune be hoc semen ut vix a Turcico to know apart queat he  authority One to feed in the preamble of the statute of mar concern the repeal  of certain treason c it be agree by the whole parliament that law just make  for the preservation of the common wealth without extreme punishment be more  often obey and keep then law and statute make with great and extreme  punishment and in special such law and statute so make whereby not only the  ignorant and rude unlearned people but also learned and expert people mind  honesty be oftentimes trap and snare yea many time for word only notam without  other fact or deed do or perpetrate therefore this Act of e do provide that  there must be a overt deed but word without a overt deed d be to be punish in  another degree as a high misprision by people of their condition that be per  pares or their equal whereof we have speak before in the exposition of the e  chapter of magnacarta verb per judgment Parium of oneself and more shall be  and say hereafter this branch p gentle de jour condition extend only to a  conviction by verdict whereof the statute particular speak but yet where the  party indict confess the offence or stand mute he shall have judgement as in  case of high treason for this branch be affirmative be take comulative and not  privative and therefore see upon confession or stand mute the judgement in  case of high treason be give at the commonlaw this Act be as it have be say  affirmative take not away the same and to say once for all the clause  hereafter of restraint of like case c extend only to offence and not to trial  judgement or execution and if a man counterfeit the king great seal all our  ancient author agree that this be high treason by the commonlaw and for this  offence his judgement be to be draw hang and quarter at the commonlaw as in  other case of high treason the counterfeit of the king money except see the  second part of the institute wonder cap in ancient time every treason be  comprehend under the name of felony but not e contra and therefore a pardon of  all felony be sometime allow in case of high treason but the law be and of  long time have be otherwise hold and if the indictment be felon and not  proditory for the king may lessen the offence if it please he then the pardon  of felony be good at this day for no indictment can be of high treason without  this word proditory and in qualiber prodition to infold felon because in  quolibt shorten de to drive out super whithersoever you please indict de  prodition bawler compose such I b a exigent on thy head of treason and felony  a compass intent or go about to counterfeit the great seal be no treason but  there must be a actual counterfeit also it must be to the likeness of the king  great seal the word be counterface Le grand seal Le roy now it be to be see  what shall be say a forge or counterfeit of the great seal if the lord  chancellor or lord keeper put the great seal to a charter c without warrant  this be no treason because the great seal be not counterfeit but it seem by  Briton foe b that it be treason at the commonlaw and of that opinion be Fleta  foe a but it be not treason now without question by the negative clause of  this Act if a man take wax lawful imprint with the great scale from the patent  and fix it to a write purport a grant from the king there have be diverse  opinion in this case what the offence be which we will rehearse in e which be  about year after the make of this Act it be not hold high treason but a great  misprision for that it be no counterfeit of a new but a abuse of the true  great seal in e the abbot of Bruer cause rob Rigge his Commsiogne to raze a  charter of r and put out the manner of Fisfetruda and in place thereof put in  Efleghe and this offence be hear and sentence before the king and his counsel  in the star Chamber as a great offence and misprision for if it have be high  treason it shall have have another trial and yet this be a great abuse of the  great seal h the take of great seal from one patent and fix it to a Commission  to gather money c be adjudge to be such a offence as the offender have  judgement to be draw and hang the record of which case we have peruse and the  effect thereof be this the party be indict general for counterfeit of the  great seal whereunto he plead not guilty and the jury find he not guilty of  the counterfeit of the great seal as be suppose by the indictment and find  further special that he take the great seal from one patent and put it to the  commission and that the party put the same in execution and there judgement be  give that he shall be draw and hang which whatsoever the offence be ought not  to have be give upon this verdict the jury find he not guilty of the offence  allege in the indictment and beside the judgement be such as be give in case  of petit treason and not of high treason hereby it appear how dangerous it be  for any to report a case by the ear special concern treason unless he have  advice read the record for as I take it the misreport of this case have hatch  error and he mistake the judgement if it have be high treason for then it  shall have be draw hang and quarter h Br title treason a chaplain have fix  such a great seal to a patent of dispensation with non-residence and this be  hold a misprision and not high treason for it be a abuse of the great seal and  no counterfeit of it Stanford say that it be adjudge in his time accord to the  book of h et such ex wandering sequito error g leak a clark of the chancery  join two clean parchment fit for letter patent so close together with mouth  glue as they be take for one the uppermost be very thin and do put one label  through then both then upon the uttermost he writ a true patent and get the  great seal put to the label so the label and the seal be annex to both the  parchment the own write and the other blank he cut off the glue skirt round  about and take off the uppermost thin parchment which be write and be a true  and perfect patent from the label which with the great seal do still hang to  the parchment then he write another patent on the blank parchment and do  publish it as a good patent hereupon two question be move whether this offence  be high treason or no if it be high treason then whether he may be indict  general for the counterfeit of the great seal or else the special fact must be  express and upon conference have between the judge upon great advisement and  consideration it be in the end concern the first point resolve by the justice  save a very few upon the authority aforesaid and for that it be no counterfeit  of the great seal within this statute that this offence be neither high  treason nor petit treason because it be not within either of the branch of  this statute but it be a very great misprision and the party delinquent life  at this day as to the point it be resolve that if the special matter have  amount to counterfeit of the great seal in law within this act then he may  have be general indict of high treason for counterfeit the great seal as if a  man in a affray kill a constable that come to keep the king peace without any  express malice prepense this be murder in law and yet the delinquent may be  general indict of murder by malice prepense and a Fleta who write before this  act tell we that sin falsehood to say come quis illicit who non to be and hoc  data authority de seal king to seize and carry off well invention  short catalog cartasque consignaveri but whatsoever offence it be before the  make of this statute it be after this statute no high treason because it be no  counterfeiture of the great seal but a misusor thereof who b intimacy to be  pro falsatione seal dom king quad to give up bishop Sarum who the dawn  to strive for ut clergyman suum sub penalty in form how it was becoming  because to see council quoth in tali grammatical case non  to send to be  purification c hereby it shall appear that in those day a man may have have  his clergy for this offence and therefore as some hold it be not then hold to  be high treason herein also be the preamble of this act concern diverse  opinion in case of treason verify this statute name the great seal and privy  seal the forge and the counterfeit of the privy signet or of the sign manual  be not within this statute but by the c statute of mar it be make high treason  in both case Alteit that in this act there be no mention make of d aider and  consentors to this counterfeit yet they be within the purvien of this statute  for there be no accessary in high treason or his money e this be treason by  the commonlaw as it appear by all the say ancient author where above word si  home counterface Le grand seal and therefore the opinion in h be hold for no  law that it be but felony before this act f the forge of the king coin be high  treason without utterance of it for by this act the counterfeit be make high  treason see the second part of the institute wonder cap g see Thom Walsingham  Hypodigme Neustrie a dom Judei protonsura money in great multitudine ubique  per England to hang up c h si ipse who compose money authority king c that  compose minus in ponder well allaiata videlicet Alcumino well elsewhere  falsely metal contra in ranks c this be there hold to be high treason and by  that book take for a counterfeiter of the king money within the Purvien of  this statute a and herewith agree Britton who say of sauceres Q ount our money  counterfeit you rain de allay mouse in our money Q nuster ne serroit solonq Le  from usage de our realm b ordain to be Q nul roy de cest realm ne puit changer  sa money ne impairer ne amender ne auter money fair Q de over argent sans  to make faint de couts less county it be ordain that no king of this realm may  not change his money nor impair nor amend the same nor other money make then  of gold or silver without assent of parliament c clip wash and fill of the  money of this realm be no counterfeit of it within this Act and therefore be a  like case it be declare by parliament in year  h cap to be high treason but  that Act be repeal by mariae the statute of Elizabeth cap have d declare that  clip wash round or fill for wicked lucre and gain c to be high treason and by  the statute of e Elizabeth it be declare that if any person for wicked lucre  or gain sake shall by any be way or mean whatsoever impair diminish falsify  scale or lighten the king money c it be high treason for be a like case it be  to be declare by parliament forge f or counterfeit of foreign money which be  not currant within the realm be misprision of treason and the offender shall  forfeit as for concealment of high treason his money g this extend only so the  king money coin within this realm and therefore after this statute if a man  have counterfeit the money of another kingdom though it be currant within this  realm it be no treason until it be so declare by parliament h in a mariae and  in a Ph m and the say act of Elizabeth Elizabeth do extend to foreign coin  currant within this realm and it be hold that at the make of this statute of  Edward there be no money currant within this realm but the king own coin I see  the statute call to cause to stand de money magnum to cause to stand de money  little and it be to be know that if any do counterfeit the king coin contrary  to this statute of Edward k he shall have the punishment of his body but as in  case of petit treason that be to be draw and hang till he be dead but the  forfeiture of his land be as in other case of high treason for this statute be  but a declaration of the commonlaw and the reason of his corporal punishment  be for that in this case he be only draw and hang at the commonlaw but a woman  in that case be to be burn l the abbot of Missenden in the county of  Buckingham for counterfeit and resection of the king money be adjudge to be  draw and hang and not quarter the want of observation of the say distinction  have make some to err in their judgement notam this Act of e make no  expression of the judgement therefore such judgement as be at the commonlaw  either in case of high treason or petit treason must be give but if one be  attaint for diminish of the king money upon any of the statute make in queen  mary time or in the time of queen Elizabeth because it be high treason new  make the offender shall have judgement as in case of high treason which  judgement you may see in the first part of the institute sect m and when a  woman commit high treason and be quick with child she can upon her arraignment  plead it but she must either plead not guilty or confess it and if upon her  plea she be find guilty or confess it the can allege it in arrest of judgement  but judgement shall be give against her and if it be find by a inquest of  matron that she be quick with child for priviment enfent will not serve it  shall arrest and respite execution till she be deliver but she shall have the  benefit of that but once though she be again quick with child so as this  respite of execution for this cause be not to be grant only in case of felony  whereof justice Stanford speak but in case of high treason and petit treason  also if a man bring false money into this realm counterfeit to the money of  England know the money to be false etcetera by this branch six thing be to be  observe first that the bring in of counterfeit money and not the counterfeit  be express in this word apport second that it must be bring from a foreign  nation and not from Ireland or other place belong to or be a member of the  crown of England and so it have be resolve so wary be judge to expound this  statute concern treason and that in most benign sense for albeit Ireland be a  distinct kingdom and out of the realm of England to some purpose as to  protection and fine levy c as have be say yet to some intent it be account as  a member of or belong to the crown of this realm and therefore a Writ of error  be maintainable here in the king beach of a judgement give in the king bench  in Ireland so as the judge do construe this statute not to extend to false  money bring out of Ireland three it must be to the similitude of the money of  England fourthly that the bringer of it into this realm must know it to be  counterfeit five utter of false money in England though he know it to be false  and counterfeit to the likeness of the coin of England be no treason within  this statute unless he bring it from a foreign nation for the word be si home  apport faux money en cest realm but if money false or clip be find in the hand  of any that be suspicious he may be imprison until he have find his warrant  per to cause to stand de money full vet mag cart foe part last he must  merchandise therewith or make payment thereof express in these word pur  merchandise on payment fair in deceit our signior Le roy son people see more  de money king and of the derivation thereof in the second part of the  institute in Arctic super papyrus  cap if a man slay the chancellor treasurer  or the king justice of one bench or the other justice in eire or justice in  assize and all other justice assign to hear and determine be in their place do  their office in this case albeit one intend to kill any of these here nam in  their place and do their office and thereupon strike or wound any of they this  be no treason for our statute say si home thy chancellor c if a man kill the  chancellor c for if it be treason death must ensue and the reason wherefore it  be treason in these case be because fit judicial in their place that be in the  king court and do their office in administration of justice they represent the  king person who by his oath be bind that the same be do and this Act extend  only to the person here particular nam and to no other and therefore extend  not to the court of the lord steward or of the constable and martial nor to  the court of the admiralty or any other nor to any ecclesiastical court nay it  extend not to the high court of parliament if any member of the lord house or  house of Commons be slay in his place and do his office because it be casus  to let go and not mention in this Act but in all those case it be wilful  murder for the law imply malice and it be understand that in the case above  rehearse it ought to be judge treason which extend to the lord our king and  his royal majesty and such treason be the forfeiture of the escheat pertain to  our lord the king as well as the land and tenement hold of other as of himself  this be a affirmance of the commonlaw and the reason there of be for that the  offence be commit against the sovereign lord the king who be the light and the  life of the common wealth and therefore the law do give to the king in  satisfaction of his offence all the land c which the offender have and that no  subject shall be partaker of any part of the forfeiture for this offence and  where the word be land and tenement hold c yet the forfeiture extend to rend  charge rend seck Commons corrodies and other hereditament which be not hold  for in case of high treason the tenure be not material this clause have  limitation first this Act extend not b to land in tail save only for the life  of tenant in tail but the forfeiture of escheat be to be understand of such  land and tenement as he may lawful forfeit and these general word take not  away the statute of gift conditional c but latter statute give the forfeiture  of estate in tail nor do this Act extend to use but latter statute do name use  d for to right of action where the entry be take away and so be the law clear  hold at this day nor to any condition but by a e latter statute condition  unless they be inseparable knit to the person be give to the king nor to right  of entry where any be in the land f by title before the treason commit but  such a right of entry be since give by latter statute for to land or tenement  or right g in auter droit as in the right of the church nor to land in the  right of a wife but only during the coverture and it extend to land which the  offender have h for life for the forfeiture of the profit during his life it  extend not to a foundership of a house of religion in free almoign for that be  annex to the blood of the founder here good and chattel be not nam but the  forfeiture of they be employ in the judgement I notam lector the say act of h  h h and e do yet remain in force notwithstanding the say statute of mar as it  have be often adjudge and resolve and namely mich James in the exchequer  Chamber in a writ of error upon a judgement give in the exchequer between  Ratcliff and the lord Sheffield by all the judge of England and be agreeable  to common experience see more of high treason in the next chapter follow cap  word et pur Ceo and plusor auters case c