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A29944 A compendious collection of the laws of England, touching matters criminal faithfully collected and methodically digested, not only for the use of sheriffs, justices of the peace, coroners, clerks of the peace, and others within that verge, but of all the people in general, by J.B. Esq.; Laws, etc. England and Wales.; Brydall, John, b. 1635? 1676 (1676) Wing B5257; ESTC R36068 85,587 180

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belli causa and contra jus Gentium yet the killing of him is no Treason within the Stat. of 25. E. 3. until itl be so declared by Parliament as it was in the Case of Kerby and Algere who were attainted for the killing of John Imperial Ambassadour from the State of Genoa but that Declaration was taken away by the Statute of 1. Mar. Whether an Ambassadour which raiseth Rebellion ahainst the Prince to whom he is sent may enjoy the priviledge of an Ambassadour and be not subject to punishment as an Enemy Such an Ambassadour hath by the Law of Nations and by the Civil Law of the Romans forfeited all the Priviledges of an Ambassadour and is subject to punishment If a Foreign Ambassadour fayes Coke committeth here in our Realm any crime which is contra jus Gentium as Treason Felony Adultery or any other crime which is against the Law of Nations he looseth the Priviledg and Dignity of an Ambassadour as unworthy of so high a Place and may be punished here as any other private Alien and not to be remanded to his Soveraign but of courtesy But if any thing be malum prohibitum by any Act of Parliament Private Law or Custom of the Realm which is not malum in se jure Gentium nor contra jus Gentium an Embassadour residing here shall not be bound by any of them but otherwise it is of the Subjects of either Kingdom c. And the reason why private Aliens are bound by our Acts of Parliament Private Laws and Customs is given by the learned Grotius viz. Quia ad gubernationem Populi moraliter necessarium est ut qui ei vel ad tempus se admiscent quod fit intrando territorium ij conformes reddant ejus Populi institutis Whether a Foreign Prince by his dwelling and residing here can commit Treason When a Foreign Prince comes with leave into England he subjects himself under the Protection of the King of England and as by well doing he enjoyes the benefit of the Laws so by ill doing he is subject to the Equity thereof according to that saying of the Lawers He deserveth not the benefit of the Law which offendeth against the Law Otherwise better were the condition of a Foreign Prince offending in another Princes Kingdom than his that reigneth well He is thought also to be a Subject though not originary yet temporary because two absolute Princes in respect of Royal Authority cannot be in one Kingdom at once and therefore it is a received opinion of the learned in the Laws A King without his own Dominions except it be in an Expedition of War is but a private Man and consequently can neither confer nor exercise Royalties Moreover it is said that such a Prince by his offence looseth merum Imperium his meer and absolute Soveraignty and that such are subject by their dwelling only and place of abode might commit Treason and that a Prince hath power or Jurisdict over another Prince that is his equal as often as any hath subjected himself under the Judgment of his Equal either by express words or Covert Contract or by offending within the Jurisdiction of his Equal Vide Cambdens Eliz. in 29. year of her Reign touching the Queen of Scots 2. Misprision of Treason Touching Misprision 4 things are to be principally observed The Etymology of the word its Description its Division and the Punishment therefore 1. The Etymology or Origination of the word Misprision cometh of the French word Mespris which properly signifieth neglect or contempt for mes in Composition in the French signifieth mal as mis doth in the English Tongue as mischance for an ill chance and so Misprise is ill apprehended or known 2. It s Description In legal understanding Misprision of treason is either when one knoweth that another hath committed treason and will not discover him to the King or to the Councel or to any Magistrate but doth conceal the same it is when one hath committed some hainous offence under the degree of treason 3. It s Division Mi●prision of treason is twofold Passive called 〈◊〉 omission●is as in concealment o● not discovery of treason And therefore by the Statute of 5. E 6. concealment or keeping secret of any High treason i● declared only Misprision of Treason As for example It is Misprision of High treason in concealing of a Bull from the Pope of Rome So the receiving of one that hath counterfeited the Kings Coyn and comforting of him knowing him to have counterfeited the King Coyn is but a Misprision But by the Common Law concealment of High treason was Treason as appeareth in the Case of the Lord Scrope anno 3. H 5 and by Bracton lib. 3. f. 118. b 119. a. And with our Common Law the words of Isocrates to Nic●oles are agreable viz. Eadem poena digni sunt supprimentes hujusmodi faci●us qua facinorosi 2. Active called Crimen commissionis as in committing some heinous offence under the degree of Treason as when one fixes an old Seale of a Patent to a new Patent of Non-Residence this is holden to be a Misprision of Treason only for it is an abuse of the great Seale and not counterfeiting of it So if a man know Money to be counterfeit and bring the same out of Ireland hither into England and utter it in payment this is but a Misprision and no Treason So the compassings or imaginations against the King by word without an overt Act is a High Misprision 4. The punishment of this offence In all Cases of Misprision of Treason the party offendour shall forfeit his Goods and Dutie for ever and the profits of his Lands for terme of his life and to be imprisoned during life From which punishment if any will save himself that knoweth of any High treason he ought with as much speed as conveniently he may to reveal the sa●e to the King or some of his Privy Councel or any other Magistrate Note that in every Treason or felony is included Misprision and where any hath committed Treason or felony the King may cause the same to be indicted and arraigned but of Misprision only if he will 3. Robbing the Kings Treasure The Robbing the King of his Treasure or Money is accounted Dumnum i● aestimabile for the Kings Treasure is the sinew of War and the honour and safety of the King in time of Peace The Civil Law doth accord with our Law in this point Peouniae nervus Reipublicae seu be●●i●ur it●a Imperium sine vectigalibus nullo modo esse potest Cicero Militares expans●e Hostium ●icursions multa regent diligentia non possunt ●itra pecuniam haec agi N. 8. 2. 10. 2. Fourscore and one persons whereof the Abbot of Westminster and 48 of his Monks were part brake into the Receipt and feloniously robbed the King of a hundred thousand pounds