Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	king_n	lord_n	special_a	2,576	5	8.3281	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44117	The learned readings of Sir Robert Holbourne, Knight upon the statute of 25 Edw. 3. cap. 2, being the statute of treasons : to which is added cases of [brace] prerogative, treason, misprision of treason, felony, &c. / written by the Right Honourable Francis Bacon ... ; and now reprinted for publick benefit.	Holborne, Robert, Sir, d. 1647.; Bacon, Francis, 1561-1626. Cases of treason.	1681 (1681)	Wing H2373; ESTC R34943	30,681	150

adjudged and declared in Parliament And all other Treasons that are not here declared ought to be Felonies at the least because Felonies were made Treasons before the Stattute and because the words of the Statute are that it ought to be Treason or Felony but if it be but once declared in Parliament unless there be a Proviso that the Judges shall not proceed upon the like Cases they may afterwards proceed by force of this Statute There are Treasons at the Common Law notwithstanding the Stat. of 1 Mar. for that did take away those Treasons and Declarations of Treasons that were made in Parliaments from the time of our Statute to 1 Mar. but doth not take away the declarative Power in our Statute mentioned nor the Common Law but they do remain still as before FINIS CASES OF TREASON CHAP. I. WHERE a man doth compass or imagine the Death of the King the King's Wife the King 's eldest Son and Heir apparent if it appear by any overt act it is Treason Where a man doth violate the King's Wife the King 's eldest Daughtter unmarried the Wife of the King 's eldest Son and Heir apparent it is Treason Where a man doth levie War against the King in the Realm it is Treason Where a man is adherent to the King's Enemies giving them aid and comfort it is Treason Where a man counterfeiteth the King's Great Seal Privy Signet Sign Manual it is Treason likewise his Money Where a man bringeth into this Realm false money counterfeited to the likeness of English with intent to merchandise or make payment thereof and knowing it to be false money it is Treason Where a man counterfeiteth any Coyn current in payment within this Realm it is Treason Where a man doth bring in any money being current within the Realm the same being false and counterfeit with intent to utter it and knowing the same to be false it is Treason Where a man doth clip waste round or file any of the King's money or any Foreign Coyn current by Proclamation for gain-sake it is Treason Where a man doth any way impair diminish falsifie skale or lighten money current by Proclamation it is Treason Where a man killeth the Chancellor the Treasurer the King's Justices in Eire the King's Justices of Assises the Justices of Oyer and Terminer being in their several Places and doing their Offices it is Treason Where a man procureth or consenteth to Treason it is Treason Where a man doth persuade or withdraw any of the Kings Subjects from his obedience or from the Religion by his Majesty established with intent to withdraw any from the Kings obedience it is Treason Where a man is absolved reconciled or withdrawn from his obedience to the King or promiseth obedience to any Foreign Power it is Treason Where any Jesuit or any other Priest ordained since the first year of the Reign of Qu. Elizabeth shall come into or remain in any part of this Realm it is Treason Where any Person being brought up in a Colledge of Jusuits or Seminaries shall not return within six months after Proclamation made and within two dayes after his return submit himself to take the Oath of Supremacy if otherwise he do return and not within six months after Proclamation made it is Treason Where a man committed for Treason doth voluntarily break Prison it is Treason Where a Jaylor doth voluntarily permit a man committed for Treason to escape it is Treason Where a man relieveth or comforteth a Traitor and knoweth of the Offence it is Treason Where a man doth affirm or maintain any Authority of Jurisdiction Spiritual or doth put in ure or execute any thing for the advancement of setting forth thereof the third time it is Treason VVhere a man refuseth to take the Oath of Supremacy being tendred by the Bishop of the Diocese if he be any Ecclesiastical Person or by Commission out of the Chancery if he be a temporal Person such Offence the second time is Treason CHAP. II. The Punishment Tryal and Proceeding in Cases of Treason IN Treason the Corporal Punishment is by drawing on an hurdle from the place of the Prison to the place of Execution by hanging and being cut down alive bowelling and quartering and in VVomen burning In Treason there ensueth a corruption of blood in the Line ascending and descending In Treason Lands and Goods are forfeited and Inheritance as well intailed as Fee-simple and the profits of Estates for Life In Treason the Escheats go to the King and not to the Lord of the Fee In Treason the Land forfeited shall be in the Kings actual possession without Office In Treason there be no Accessaries but all are Principals In Treason no Sanctuary nor benefit of Clergy or peremptory Challenge is allowed In Treason if the Party stand mute yet nevertheless Judgment and Attainder shall proceed all one as upon Verdict In Treason no Counsel is to be allowed nor Bail permitted to the Party In Treason no Witnesses shall be received upon Oath for the Parties Justification In Treason if the Fact be committed beyond the Seas yet it may be tryed in any County where the King will award his Commission In Treason if the Party be non sanae memoriae yet if he had formerly confessed it before the Kings Council and that it be certified that he was of good Memory at the time of his Examination and Confession the Court may proceed to do Judgment without calling or arraigning the Party In Treason the death of the Party before Conviction dischargeth all Proceedings and Forfeitures In Treason if the Parties be once acquitted he should not be brought in question again for the same Fact In Treason no new Case not expressed in the Statute of 25 E. 3. or made Treason by any special Statute since ought to be judged Treason without consulting with the Parliament In Treason there can be no Prosecution but at the King's suit and the Kings Pardon dischargeth In Treason the King cannot grant over to any Subject Power and Authority to pardon it In Treason a Trial of a Peer of the Kingdom is to be by special Commission before the Lord high Steward and those that pass upon him to be none but Peers The Proceeding is with great Solemnity the Lord Steward sitting under a cloth of Estate with a white rod of Justice in his hand and the Peers may conferr together but are not any ways shut up and are demanded by the Lord Steward their Voices one by one and the plurality of Voices carries it In Treason it hath been an ancient Use and Favour from the Kings of this Realm to pardon the Execution of hanging drawing and quartering and to make Warrant for their beheading The Proceeding in case of Treason with a common Subject is in the Kings Bench or by Commission of Oyer and Terminer CHAP. III. Cases of Misprision of Treason WHere a man concealeth high Treason only without any consorting or abetting it is misprision of Treason

of consent and is not able to satisfie for the Marriage he shall abjure the Realm CHAP. XIII Cases of Heresie and the Trial and Proceedings therein THE Declaration of Heresie and likewise the Proceedings and Judgment upon Hereticks is by the Common Laws of this Realm referred to the Jurisdiction Ecclefiastical and the Secular Arm is reached to them by the Common Laws and not by any Statute for execution of them by the Kings Writ de Haeretico comburendo CHAP. XIV The Kings Prerogative in Parliament THE King hath an absolute negative Voice to all Bills that pass the Parliament so as without his Royal Assent they have a meer nullity and not so much as Authoritas praescripta or Senatus consulta had notwithstanding the Intercession of Tribunes The King may summon Parliaments dissolve them prorogue them and adjourn them at his Pleasure The King may add Voices in the Parliament at his Pleasure for he may give Priviledge to Borough Towns as many as he will and may likewise call and create Barons at his pleasure No man can sit in Parliament except he take the Oath of Allegiance CHAP. XV. The Kings Prerogative in matters of War or Peace THE King hath power to declare and proclaim War and to make and conclude Peace and Truce at his pleasure The King hath power to make Leagues and Confederacies with Foreign States more straight and less straight and to revoke and disannull them at his pleasure The King hath power to command the Bodies of his Subjects for the service of his Wars and to muster train and levy men and to transport them by Sea or Land at his pleasure The King hath power in time of War to execute Marshal Law and to appoint all Officers of War at his pleasure The King hath power to grant his Letters of Mart and Reprisal for remedy to his Subjects upon foreign wrongs at his pleasure The King hath power to declare Laws by his Letters Patents for the government of any place conquered by Arms at his pleasure The King may give Knight-hood and thereby mable any Subject to perform Knights Service at his pleasure CHAP. XVI The Kings Prerogative in matters of Moneys THE King may alter his Standard in baseness or fineness of his Coyn at his pleasure The King may alter his stamp in form at his pleasure The King may alter the valuations of his Coyn and raise and fall Moneys at his pleasure The King by his Proclamation may make Moneys of his own current or not current at his pleasure The King may take or refuse the Subjects Bullion and Coyn more or less money The King by his Proclamation may make Fereign money current or not current CHAP. XVII The Kings Prerogative in matters of Trade and Traffick THE King may constrain the Person of any of his Subjects not to go out of the Realm at all The King may restrain any of his Subjects to go out of the Realm into any special Part foreign The King may forbid the exportation of any Commodities out of the Realm The King may forbid the importation of any Commodities into the Realm The King may set a reasonable Impost upon any Foreign Wares that come into the Realm and so of Native Wares that go out of the Realm CHAP. XVIII The Kings Prerogative in the Persons of his Subjects THE King may create any Corporation or Body Politick and enable them to purchase and grant and to sue and be sued and that with such restrictions and modifications as he pleases The King may denizen and enable any Foreigner for him and his Descendents after the Charter though he cannot naturalize nor enable him to make pedegree from Ancestors Paramount The King may enable any attainted Person by his Charter of Pardon to purchase and to purge his Blood for the time to come though he cannot restore his Blood for the time past The King may enable any dead Person in Law as men professed to take and purchase to the King's Benefit CHAP. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables TO the first Of the Original of the Authority of Constables it may be said Caput inter nublia condit for the Authority was granted upon the Ancient Laws and Customes of this Kingdom practised long before the Conquest and intended and instituted for the conservation of the Peace and repressing all manner of disturbance and hurt of the People and that as well by way of prevention as punishment but yet so as they have no Judicial power to hear and determine any cause but onely a Ministerial power as in the answer of the seventh Article more at large is set down As for the Office of the High Constable the original of that is yet more obscure for though the High Constables Authority hath the more ample Circuit he being over the hundred and the pety Constable over the Village yet I do not find that the pety Constable is subordinate to the High Constable or to be ordered or commanded by him and therefore I doubt the High Constable was not ab origine but that when the business of the Countrey increased the Authority of the Justices of Peace was inlarged by divers Statutes then for conveniency sake the Office of High Constables grew in use for the receiving of the Commands and Precepts from the Justices of Peace and distributing them to the petie Constables and in token of this the Election of High Constables in most parts of the Kingdom is by the appointment of the Justices of Peace whereas the election of the pety Constable is by the People But there be two things unto which the Office of Constable hath special reference and which of necessity or at least a kind of congruity must precede the Jurisdiction of that Office either the things themselves or somewhat that hath a similitude or analogy towards them 1. The one is the division of the Territory or gross of the Shires into Hundreds Villages and Towns for the High Constable is Officer over the Hundred and the pety Constable is over the Town or Village 2. The other is the Court Leet unto which the Constable is a proper Attendant and Minister for there the Constables are chosen by the Jury there they are sworn and there that part of their Office which concerneth Information is principally to be performed for the Jury is to present Offences and the Offenders are chiefly to take light from the Constables of all matters of Disturbance and Nusance of the People which they in respect of their Office are presumed to have best and most particular knowledge of CHAP XX. Three ends of the Institution of the Court Leet 1. THe first end of the Institution of the Court Leet is To take the Oath of Allegiance of all Males above the Age of twelve years 2. The second To enquire of all offences against the peace and for those that are against the Crown and Peace both

your self to your best knowledge that the Statutes of Winchester for Watch Huy and Cry and the Statutes made for the punishment of sturdy Beggars Vagabonds Rogues and other idle Persons coming within your Office be truly executed and the Offenders punished And you shall endeavour upon complaint made to apprehend Barreters and riotous Persons making Affrays and likewise to apprehend Felons and if any of of them make resistance with force and multitude of mis-doers you shall make Out-cry and pursue them till they be taken and shall look unto such Persons as use unlawful Games and you shall have regard unto the maintenance of Artillery And you shall well and duely execute all Process and Precepts sent unto you from the Justices of Peace of the County and you shall make good and faithful presentments of all Blood-sheds Out-cries Affrays and Rescues made within your Office and you shall well and duely according to your Power and knowledge do that which belongeth to your Office of Constable to do for this year to come So help c. 10. To the tenth The Authority is the same in substance differing onely in extent The pety Constable serving onely for for one Town Parish or Borough the Head Constable serving for the whole Hundred Neither is the petty Constable subordinate to the Head Constable for any commandment that proceeds from his own Authority but it is used that the Precepts of the Justices be delivered unto the High Constables who being few in number may better attend the Justices and then the Head Constables by vertue thereof make their Precepts over to the petty Constables 11. To the eleventh In case of necessity he may appoint a Deputy or in default thereof the Steward of the Court Leet may which Deputy ought to be sworn Now to conclude the Office of Constables consists wholly in these three things viz. Their Office concerning 1. The conservation of the Peace 2. The serving the Precepts and Warrants of the Justices 3. Their attendance for the execution of Statutes CHAP. XXI Of the Jurisdiction of Justices Itinerantes in the Principality of Wales THese Justices have power to hear and determine all criminal Causes which are called in the Laws of England The Pleas of the Crown and herein they have the same Jurisdiction that the Justices have in his Majesties Bench commonly called the Kings Bench. They have Jurisdiction to hear and determine all civil Causes which are called in the Laws of England Common Pleas and do take knowledgement of all Fines levied of Lands or Hereditaments without suing out any Dedimus potestatem and herein they have the same Jurisdiction that the Justices of the Common Pleas do execute at Westminster Also they may hear and determine all Assises upon Disseisins of Lands or Hereditaments wherein they equal the Jurisdiction of the Justices of the Assize Justices of Oyer and Terminer may hear and determine all notable Violences and Outrages perpetrated or done within their several Precincts of the Principality of Wales In the Kings Gift are 1. The Prothonotory his Office is to draw all Pleadings and to enter and engross all Records and Judgments in civil Causes 2. The Clerk of the Crown his Office is to draw and engross all Proceedings Arraignments and Judgments in criminal causes In the disposing of the Judge 1. The Marshal whose Office is to attend the Persons of the Judges at their coming sitting and going from the Sessions or Court 2. The Crier He is tanquam publicus Praeco to call forth such Persons whose appearances are necessary and to impose silence to the People There is a Commission under the great Seal of England to certain Gentlemen giving them power to preserve the Peace and to resist and punish all turbulent Persons whose misdemeanours may tend to the disquiet of the People and these be called the Justices of the Peace and every of them may well and truly be called and termed Eirenarcha The chief of them is called Cusos Rotulorum in whose custody all the Records of their Proceedings are resident Others there are of that number called Justices of Peace and Quorum because in their Commission they have power to sit and determine Causes concerning breach of Peace and misbehaviour the words of their Commission are conceived thus Quorum such and such unum vel duos c. esse volumus and without some one or more of them of the Quorum no Sessions can be holden And for the avoiding of a superfluous number of such Justices for through the Ambition of many it is counted a credit to be burthened with that Authority the Statute of 38 Hen. 8. hath expresly prohibited that there shall be but eight Justices of Peace in every County These Justices being appointed by the Lord Keeper do hold their Sessions quarterly In every Shire where the Commission of the Peace is established there is a Clerk of the Peace for the Entring and Engrossing of all Proceedings before the said Justices And this Officer is appointed by the Custos Rotulorum Every Shire hath its Sheriff which word being of the Saxon English is as much to say as Shire Reeve or Minister of the County His Function or Office is twofold 1. Ministerial 2. Judicial As touching his Ministerial Office he is the Minister and Executioner of all the Process and Precepts of the Courts of Law and thereof ought to make Return and certificate 34 H. 8. c. 16. As touching his Judicial Office he hath Authority to hold two several Courts of distinct natures The one called the Tourne because he keepeth his turn and circuit about the Shire and holdeth the same Court in several places wherein he doth enquire of all Offences perpetrated against the Common Law and not forbidden by any Statute or Act of Parliament and the Jurisdiction of this Court is derived from Justice distributive and is for criminal offences and is held twice every year The other is called the County Court wherein he doth determine all petty and small Causes civil under forty shillings arising within the said County and thereof it is called the County Court The jurisdiction of this Court is derived from Justice Commutative and is held every Month The Office of the Sheriff is annual and in the Kings gift whereof he is to have a Patent Every Shire hath an Officer called an Escheator which is an Office to attend the Kings Revenue and to seize into his Majesties hands all Lands either escheated Goods or Lands forfeited and therefore is called Escheator And he is to inquire by good Inquest of the death of the King's Tenants and to whom their Lands are descended and to seize their Bodies and Lands for Ward if they be within age and is accountable for the same and this Officer is named by the Lord Treasurer of England There are in every Shire two other Officers called Crowners or Coroners they are to enquire by Inquest in what manner and by whom every Person dyeth of a violent death and to enter the same of Record which is matter criminal and a Plea of the Crown and therefore they are called Coroners or Crowner as one hath written because their enquiry ought to be publick in corona populi 34 H. 8.20 These Officers are chosen by the Free-holders of the Shire by vertue of a Writ out of the Chancery De Coronatore elegendo And of them I need not to speak more because these Officers are in use elsewhere Forasmuch as every Shire is divided into Hundreds it is also by the said Statute of 34 H. 8. cap. 26. ordered that two sufficient Gentlemen or Yeomen shall be appointed Constables of every Hundred Also there is in every Shire one Goal or Prison appointed for the restraint of Liberty of such Persons as for their offences are thereunto committed until they shall be delivered by course of Law In every Hundred of every Shire the Sheriff thereof shall nominate sufficient Persons to be Bailiffs of that Hundred and Under-ministers of the Sheriff and they are to attend upon the Justices in every of their Courts and Sessions THE CONTENTS Of the Readings c. LEcture I. Pag. 3. The Definition of Treason 5. The first Case 20. Lecture II. 41. The Second Case 49. Lecture III. 62. The Contents of the Cases of Treason c. CHAP. I. CAses of Treason Pag. 73. Chap. II. The Punishment Tryal and Proceeding in Cases of Treason 78. Chap. III. Cases of Misprision of Treason 83. Chap. IV. The Punishment Tryal and proceeding in Cases of Misprision of Treason ibid. Chap. V. Cases of pety Treason 84. Chap. VI. The Punishment Tryal and proceedings in cases of Pety Treason 85. Chap. VII Cases of Felony 86. Chap. VIII The Punishment Tryal and proceedings in cases of Felony 93. Chap. IX Cases of Felony de se with the Punishment Tryal and Proceedings 98. Chap. X. Cases of Premunire 99. Chap. XI The Punishment Tryal and proceeding in Cases of Premunire 102. Chap. XII Cases of Abjuration and Exile and the Proceedings therein 103. Chap. XIII Cases of Heresie and the Tryal and Proceedings therein 106. Chap. XIV The King's Prerogative in Parliament 107. Chap. XV. The Kings Prerogative in matters of War or Peace 108. Chap. XVI The Kings Prerogative in matters of Moneys 110. Chap. XVII The Kings Prerogative in matters of Trade and Traffick 111. Chap. XVIII The Kings Prerogative in the Persons of his Subjects 112. Chap. XIX An Answer to the Question proposed by Sir Alexander Hay Knight touching the Office of Constables 114. Chap. XX. Three ends of the Institution of the Court Leet 118. Chap. XXI The Jurisdiction of Justices Itinerantes in the Principality of Wales Pag. 132. FINIS