coke george leak case hill James one of the clerk in chancery glue together  two piece of parchment on the uppermost of which he write a patent to which he  obtain the great seal the label go through both the skin he then take off the  write patent and on the blank skin he write another patent and publish it as a  good patent whether this be treason or only a great misprision if this have be  a   the great seal within stat h c the party may have be indict general of  high treason for   the great seal see hawk ch sect c in this very term one  George leak a clerk in chancery have upon a ordinary piece of parchment by  great deceit fix with a kind of glue another parchment so thin as art can make  it so that it do appear but one piece of parchment and upon the thin piece  which be as it be the superficies of the other he writ by good warrant a  licence which be bring to the Lord chancellor and seal with the great seal and  after the say George take the thin piece upon which the write be from the  other parchment to which the great seal be affix and then all be blank with  the great seal annex and after the say George writ upon the blank grant of the  king of certain land and what offence this be be this term debate among the  justice and it be a great question among they whether this be high treason or  no and it seem to I that this can be adjudge high treason until it be so  declare by parliament for true it be that the statute of Edward declare that  if a man do   the great seal or privy seal that this be high coke report er p  treason and true it be that the judge in time pass videlicet h have adjudge  that the take of the wax which be print with the great seal from one patent  and fix it to another write make in the name of the king be a   of the great  seal for this that he abuse the ancient seal in remove it from the patent and  fix it on another without warrant and so Stamford lib fol prove that it be  adjudge in his time and yet ass plan that it be petit treason after the  statute and h title treason brook by the justice that this be not treason and  I have see a record of h the where the party be indict general for   the great  seal and the jury find he not guilty of   the great seal as it be suppose by  the indictment and find over the especial matter that he take the great seal  from one patent and fix it to another and put this in execution and judgement  be give against the party but without question against the law forasmuch as  they find he not guilty of   for this be a full verdict and all the rest be  surplusage but this case in question much differ from it for in coke this case  George leak have not any meddle with the great seal but this remain now annex  as it do before and for this reason it seem to I if the seal be fix to a blank  patent and one write a grant in it contrary to his direction and trust or if  one have letter patent with good warrant make and then raze in a place  material and put in other word to the great prejudice of the king in none of  these case can it be adjudge a   of the great seal for the statute Edward do  not speak of   write but only of the great seal and the delinquent in this  case do not meddle with the seal but only with the write and I show a notable  precedent in Claus Edward memb in back where the case be that king r by his  charter grant diverse land and liberty abbey de Bruera in which the abbot raze  out this word Fittetrida and instead of it writ estleigh and upon show it  obtain a confirmation of it from king Edward and a allowance of it in banc  king and for this offence the say abbot be call before the king and his  Council videlicet in the starchamber where the abbot charge one Robert Rigg  his commonk with the rasure and the abbot be convict which can not be but in  court and it be part of the sentence that the say charter confirmation and  allowance of it shall be bring in by the abbot to he cancel out of which  record I do observe five thing the antiquity of the starchamber and this then  be a court in which the abbot be convict and sentence give that the say rasure  be not any   of the great seal for if the offence have be high treason it  shall not have be determine before the Council of the king in the starchamber  that spiritual person be then punishable for offence before temporal judge  that if there be rasure of a deed between subject and subject in a place  material all the deed become nought and the party may plead to it non be  factum a so if the atentee raze his letter patent in any place material all  the patent become of no force by the law as appear by the say sentence and all  the patent and all the dependence upon it videlicet the confirmation and  allowance of it shall be all cancel and deface that although that it be common  say that a abbot can do nothing in prejudice of his house yet in this case he  may do it for the king ought not to be in worse case than a subject and if the  abbot have raze a charter make to he by a subject in such a manner as he have  raze the charter of the king the deed of the subject have become of no force  and so in case of the king and then I conclude that if the raze of a word in  the patent of the king be not treason the raze of two or three or all the word  of the patent and write a new grant be not treason and I recite another  precedent in year r in parliament where the case be that the ambassador of the  duke and state of Genoa be here under the safeconduct of the king for the  business of the king and the realm be murder by certain subject of the king  and this matter be debate in parliament and there resolve declare and decree  that this be treason note it well this case be not refer to the judge but  declare in and by parliament for it be provide by the say Act a Vid note c  Whelpdales case   b note b Piggots case   a coke report er p of e that for  this that many other case of like treason may happen in time to come which man  can think nor declare at present that if another case suppose treason and  which be not specify in the Act shall come before any of the justice the say  justice shall stay without go to judgement of treason until the case be coke  show before the king in parliament who ought to adjudge it treason or other  felony in which branch two thing be to be observe that although a case happen  like to the case of treason mention in the say Act that the judge ought not as  they do in other case by equal and like reason adjudge it to be treason for  that branch restrain they but this ought to be declare in parliament for the  word of the Act be forasmuch as many other case of treason like c the second  thing be that when a particular case as the say case of a amhassador of a king  be adjudge high treason etlegalos of contradus a king of Illyria be and it  appear Reg cap Hamon king Amonitarum legatos davidis conlumeliis c super quo  acerrimum helium to move c by which it appear the consequence of a abuse of a  amhassador c quod ankle in an unjust manner be just pretty causan note that  bequest he vice to busy oneself a quo to make fast et to honor be as that  pron  interrog  turn to bear about and afterward George leak upon examination  before the chief justice of England make a clear confession of all the manner  and circumstance of the fact and upon examination the case as it be deliver to  the justice to consider of it and to give their opinion be such George leak  join two blank parchment fit for letter patent so close together with mouth  glue as they be take for one and do put one label through they both then upon  the uppermost he writ a true patent and get the great seal put to the label so  the label and seal be annex to both the parchment the one write and the other  blank then be cut off the glue skirt round about and take off the uppermost  thin parchment which be write and be a perfect patent from the label which  with the great seal do still hang to the blank parchment and then he writ  another patent within 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   of the great  seal or else the special fact must be express and the justice be divide in  opinion in the first point of the case and myself and diverse other hold that  this act be neither high treason nor petit treason because it be not within  either of the branch of the say statute of Edward but it be a very great  misprision and the party delinquent life at this day a but the chief justice  and diverse other be against we and by reason of the diversity of opinion  respectuatur vide Fleta lib cap item sin falsehood to say cum quis illicit who  non to be acee data authority de seal king ropto well inventoetbrevia  cartasice consignaveri as to the second point it be resolve that if the  special matter have amount to   the great seal in law within the say statute  then he may have be general indict of high treason for   the great seal as if  a man in a affray kill a constable that come to keep the Kinors peace without  any express malice prepense this be murder in law and the delinquent may be  general indict of murder by malice prepense