perchance it will be scarcely possible in many points to pass them for the present by assent of parliament. But because we that serve your Majesty in the service of our skill and profession, cannot judge what your Majesty, upon reason of state, will leave and take; therefore it is fit for us to give, as near as we can, a general information: wherein I, for my part, think good to hold myself to one of the parallels, I mean that of the English laws. For although I have read, and read with delight, the Scottish statutes, and some other collection of their laws; with delight, I say, partly to see their brevity and propriety of speech, and partly to see them come so near to our laws; yet I am unwilling to put my sickle in another's harvest, but to leave it to the lawyers of the Scottish nation; the rather, because I imagine with myself that if a Scottish lawyer should undertake, by reading of the English statutes, or other our books of law, to set down positively in articles what the law of England were, he might oftentimes err: and the like errors, I make account, I might incur in theirs. And therefore, as I take it, the right way is, that the lawyers of either nation do set down in brief articles what the law is of their nation, and then after, a book of two columns, either having the two laws placed respectively, to be offered to your Majesty, that your Majesty may by a ready view see the diversities, and so judge of the reduction, or leave it as it is. Jus publicum I will divide, as I hold it fittest for the present purpose, into four parts. The first concerning criminal causes, which with us are truly accounted publici juris, because both the prejudice and the prosecution principally pertain to the crown and public estate. The second, concerning the causes of the church. The third, concerning magistrates, offices, and courts: wherein falleth the consideration of your Majesty's regal prerogative, whereof the rest are but streams. And the fourth, concerning certain special politic laws, usages, and constitutions, that do import the public peace, strength, and wealth of the kingdom. In which part I do comprehend not only constant ordinances of law, but likewise forms of administration of law, such as are the commissions of the peace, the visitations of the provinces by the judges of the circuits, and the like. For these in my opinion, for the purpose now in hand, deserve a special observation, because they being matters of that temporary nature, as they may be altered, as I suppose, in either kingdom, without parliament, as to your Majesty's wisdom may seem best; it may be, the most profitable and ready part of this labour will consist in the introducing of some uniformity in them. To begin therefore with capital crimes, and first that of treason. Where a man doth compass or imagine the death of the king's eldest son and heir, if it appear by any overt act, it is treason. Where a man doth violate the king's wife, it is treason. Where a man doth violate the king's eldest daughter unmarried, it is treason. Where a man doth violate the wife of the king's eldest son and heir, it is treason. Where a man doth levy war against the king and his 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, it is treason. Where a man counterfeiteth the king's privy seal, it is treason. Where a man counterfeiteth the king's privy signet, it is treason. Where a man doth counterfeit the king's sign manual, it is treason. Where a man counterfeits the king's money, it is treason. Where a nian bringeth into the realm false money, counterfeited to the likeness of the coin of England, with intent to merchandise or make payment therewith, and knowing it to be false, it is treason. Where a man counterfeiteth any foreign coin current in payment within this realm, it is treason. Where a man doth bring in foreign 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, wash, round, or file any of the king's money, or any foreign coin current by proclamation, for gain's sake, it is treason. Where a man doth any ways impair, diminish, falsify, scale, or lighten the king's money, or any foreign moneys current by proclamation, it is treason. Where a man killeth the chancellor, being in his place and doing his office, it is treason. Where a man killeth the treasurer, being in his place and doing his office, it is treason. Where a man killeth the king's justice in eyre, being in his place and doing his office, it is treason. Where a man killeth the king's justice of assise, being in his place and doing his office, it is treason. Where a man killeth the king's justice of oyer and terminer, being in his place and doing his office, it is treason. Where a man doth persuade or withdraw any of the king's subjects from his obedience, or from the religion by his Majesty established, with intent to withdraw him from the king's obedience, it is treason. Where a man is absolved, reconciled, or withdrawn from his obedience to the king, or promiseth his obedience to any foreign power, it is treason. Where any Jesuit, or other priest ordained since the first year of the reign of queen Elizabeth, shall come into, or remain in any part of this realm, it is treason. Where any person being brought up in a college of Jesuits, or seminary, shall not return within six months after proclamation made, and within two days after his return submit himself to take the oath of supremacy, if otherwise he do return, or be within the realm, it is treason. Where a man doth affirm or maintain any authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof, such offence, the third time committed, is treason. In treason, no new case not expressed in the statute of 25 Ed. III. nor 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 king's 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; and the proceeding is with great solemnity, the lord steward sitting under a cloth of estate Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocess, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person; such offence, the second time, is treason. Where a man committed for treason doth volun- with a white rod of justice in his hand and the tarily break prison, it is treason. Where a jailor doth voluntarily permit a man committed for treason to escape, it is treason. Where a man procureth or consenteth to a treason, it is treason. peers may confer 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 carrieth it. In treason, it hath been an ancient use and favour from the kings of this realm to pardon Where a man relieveth or comforteth a traitor, the execution of hanging, drawing, and quartering; knowing it, it is treason. and to make warrant for their beheading. The proceeding in case of treason with a common The punishment, trial, and proceedings in cases of subject is in the king's bench, or by commission of treason. In treason, the corporal punishment is by drawing on a hurdle from the place of the prison to the place of execution, and by hanging and being cut down alive, bowelling, and quartering: and in women by burning. oyer and terminer. MISPRISION OF TREASON. Cases of misprision of treason. Where a man concealeth high treason only, with In treason, there ensueth a corruption of blood in out any comforting or abetting, it is misprision of the line ascending and descending. In treason, lands and goods are forfeited, and inheritances, as well entailed 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 lands forfeited shall be in the king's actual possession without office. In treason, there be no accessaries, but all are principals. In treason, no benefit of clergy, or sanctuary, or peremptory challenge. In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict. In treason, bail is not permitted. In treason, no counsel is to be allowed to the party. In treason, no witness shall be received upon oath for the party's justification. In treason, if the fact be committed beyond the seas, yet it may be tried in any county where the king will award his commission. In treason, if the party be non sanæ memoriæ, yet if he had formerly confessed it before the king's 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 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 party be once acquitted, he shall not be brought in question again for the same fact. treason. Where a man counterfeiteth any foreign coin of gold or silver not current in the realm, it is misprision of treason. The punishment, trial, and proceeding in cases of misprision of treason. The punishment of misprision of treason is by perpetual imprisonment, loss of the issues of their lands during life, and loss of goods and chattels. The proceeding and trial is, as in cases of treason. In misprision of treason bail is not admitted. PETIT TREASON. Cases of petit treason. Where the servant killeth the master, it is petit treason. Where the wife killeth her husband, it is petit treason. Where a spiritual man killeth his prelate, to whom he is subordinate, and oweth faith and obedience, it is petit treason. Where the son killeth the father or mother, it hath been questioned whether it be petit treason, and the late experience and opinion seemeth to weigh to the contrary, though against law and reason in my judgment. The punishment, trial, and proceeding in cases of petit treason. In petit treason, the corporal punishment is by drawing on a hurdle, and hanging, and in a woman burning. In petit treason, the forfeiture is the same with | do assemble accordingly, and do not depart after the case of felony. proclamation, it is felony. In petit treason, all accessaries are but in case of felony. FELONY. Cases of felony. Where a man committeth murder, that is, homicide of prepensed malice, it is felony. Where a man committeth manslaughter, that is, homicide of a sudden heat, and not of malice prepensed, it is felony. Where a man committeth burglary, that is, breaking of a house with an intent to commit felony, it is felony. Where a man being the king's sworn servant, conspireth to murder any lord of the realm or any of the privy council, it is felony. Where a soldier hath taken any parcel of the king's wages, and departed without licence, it is felony. Where a man receiveth a seminary priest, knowing him to be such a priest, it is felony. Where a recusant, which is a seducer, and persuader, and inciter of the king's subjects against the king's authority in ecclesiastical causes, or a persuader of conventicles, &c. shall refuse to abjure the realm, it is felony. Where vagabonds be found in the realm, calling Where a man rideth armed, with a felonious in- themselves Egyptians, it is felony. tent, it is felony. Where a purveyor taketh without warrant, or Where a man doth maliciously and feloniously otherwise doth offend against certain special laws, burn a house, it is felony. Where a man doth maliciously and feloniously burn corn upon the ground, or in stacks, it is felony. Where a man doth maliciously cut out another's tongue, or put out his eyes, it is felony. Where a man robbeth or stealeth, that is, taketh away another man's goods, above the value of twelve-pence, out of his possession, with an intent to conceal it, it is felony. Where a man embezzleth or withdraweth any of the king's records at Westminster, whereby any judgment is reversed, it is felony. Where a man that hath custody of the king's armour, munition, or other habiliments of war, doth maliciously convey away the same, to the value of twenty shillings, it is felony. it is felony. Where a man hunteth in any forest, park, or warren, by night or by day, with vizards or other disguisements, and is examined thereof and concealeth his fact, it is felony. Where a man stealeth certain kinds of hawks, it is felony. Where a man committeth forgery the second time, having been once before convicted, it is felony. Where a man transporteth rams or other sheep out of the king's dominions, the second time, it is felony. Where a man being imprisoned for felony, breaks prison, it is felony. Where a man procureth or consenteth to a felony to be committed, it is felony, as to make him ac Where a servant hath goods of his master's de-cessary before the fact. livered unto him and goeth away with them, it is felony. Where a man receiveth or relieveth a felon, knowing thereof, it is felony, as to make him accessary Where a man conjures, or invocates wicked spirits, after the fact. it is felony. Where a man doth use or practise any manner of witchcraft, whereby any person shall be killed, wasted, or lamed in his body, it is felony. Where a man practiseth any witchcraft, to discover treasure hid, or to discover stolen goods, or to provoke unlawful love, or to impair or hurt any man's cattle or goods, the second time, having been once before convicted of like offence, it is felony. Where a man useth the craft of multiplication of gold or silver, it is felony. Where a man committeth rape, it is felony. Where a man taketh away a woman against her will, not claiming her as his ward or bondwoman, it is felony. Where any person marrieth again, her or his former husband or wife being alive, it is felony. Where a man committeth buggery with a man or beast, it is felony. Where any persons, above the number of twelve, shall assemble themselves with intent to put down enclosures, or bring down prices of victuals, &c. and do not depart after proclamation, it is felony. Where a man shall use any words to encourage Where a woman, by the constraint of her husband, in his presence joineth with him in committing of felony, it is not felony, neither as principal, nor as accessary. The punishment, trial, and proceeding in cases of felony. In felony, the corporal punishment is by hanging, and it is doubtful whether the king may turn it into beheading in the case of a peer or other person of dignity, because in treason the striking off the head is part of the judgment, and so the king pardoneth the rest: but in felony it is no part of the judgment, and the king cannot alter the execution of law; yet precedents have been both ways. In felony, there followeth corruption of blood, except it be in cases made felony by special statutes, with a proviso that there shall be no corruption of blood. In felony, lands in fee-simple and goods are forfeited, but not lands entailed, and the profits of estates for life are likewise forfeited: And by some customs lands in fee-simple are not forfeited; "The father to the bough, son to the plough ;" or draw any people together, ut supra, and they as in gavelkind in Kent, and other places. In felony, the escheats go to the lord of the fee, | and not to the king, except he be lord: but the profits of estate for lives, or in tail during the life of tenant in tail, go to the king; and the king hath likewise, in fee-simple lands holden of common lords, annum, diem, et vastum. In felony, the lands are not in the king before office, nor in the lord before entry or recovery in writ of escheat, or death of the party attainted. In felony, there can be no proceeding with the accessary before there be a proceeding with the principal; which principal if he die, or plead his pardon, or have his clergy before the attainder, the accessaries can never be dealt with. In felony, if the party stand mute, and will not put himself upon his trial, or challenge peremptorily above the number that the law allows, he shall have judgment not of hanging, but of penance of pressing to death; but then he saves his lands, and forfeits only his goods. In felony, at the common law, the benefit of clergy or sanctuary was allowed; but now by statutes it is taken away in most cases. had been attainted in their life-time: And on the other side, where a man killeth himself upon impatience of sickness or the like, they do not punish it at all: but the law of England taketh it all in one degree, and punisheth it only with loss of goods to be forfeited to the king, who generally granteth them to his almoner, where they be not formerly granted unto special liberties. OFFENCES OF PRÆMUNIRE. Where a man purchaseth or accepteth any provision, that is, collation of any spiritual benefice or living, from the see of Rome, it is case of præmunire. Where a man shall purchase any process to draw any people of the king's allegiance out of the realm, in plea, whereof the cognisance pertains to the king's court, and cometh not in person to answer his contempt in that behalf before the king and his council, or in his chancery, it is case of præmunire. Where a man doth sue in any court which is not the king's court, to defeat or impeach any judgment In felony, bail may be admitted where the fact is given in the king's court, and doth not appear to not notorious, and the person not of evil fame. In felony, no counsel is to be allowed to the party, no more than in treason. 66 In felony, no witness shall be received upon oath for the party's justification, no more than in treason. In felony, if the fact be committed beyond the seas, or upon the seas, super altum mare," there is no trial at all in the one case, nor by course of jury in the other case, but by jurisdiction of the admiralty. In felony, if the party be "non sanæ memoriæ," although it be after the fact, he cannot be tried or adjudged, except it be in course of outlawry, and that is also erroneous. In felony, the death of the party before conviction dischargeth all proceedings and forfeitures. In felony, if the party be once acquitted, or in peril of judgment of life lawfully, he shall never be brought in question again for the same fact. In felony, the prosecution may be either at the king's suit, by way of indictment, or at the party's suit, by way of appeal; and if it be by way of appeal, the defendant shall have his counsel, and produce witnesses upon oath, as in civil causes. In felony, the king may grant "hault justice" to a subject, with the regality of power to pardon it. In felony, the trial of peers is all one as in case of treason. answer his contempt, it is case of præmunire. Where a man doth purchase or pursue in the court of Rome, or elsewhere, any process, sentence of excommunication, bull, instrument, or other thing which touches the king in his regality, or his realm in prejudice, it is a case of præmunire. Where a man doth affirm or maintain any foreign authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof; such offence, the second time committed, is case of præmunire. Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocess, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person, it is case of præmunire. Where the dean and chapter of any church upon the Congé d'elire of an archbishop or bishop, doth refuse to elect any such archbishop or bishop as is nominated unto them in the king's letters missive, it is case of præmunire. Where a man doth contribute or give relief unto any Jesuit or seminary priests, or to any college of Jesuits or seminary priests, or to any person brought up therein, and called home, and not returning, it is case of præmunire. Where a man is broker of an usurious contract above ten in the hundred, it is case of præmunire. In felony, the proceedings are in the king's bench, The punishment, trial, and proceedings in case of or before commissioners of oyer and terminer, or of gaol delivery, and in some cases before justices of peace. præmunire. The punishment is by imprisonment during life, forfeiture of goods, forfeiture of lands in fee-simple, Cases of felonia de se, with the punishment, trial, and forfeiture of the profits of lands entailed, or for and proceeding therein. In the civil law, and other laws, they make a difference of cases of felonia de se: for where a man is called in question upon any capital crime, and killeth himself to prevent the law, they give the same judgment in all points of forfeiture, as if they life. The trial and proceeding is as in cases of misprision of treason; and the trial is by peers, where a peer of the realm is the offender. Where a man committeth any felony, for the which at this day he may have privilege of sanctuary, and taketh sanctuary, and confesseth the felony before the coroner, he shall abjure the liberty of the realm, and choose his sanctuary; and if he commit any new offence, or leave his sanctuary, he shall lose the privilege thereof, and suffer as if he had not taken sanctuary. Where a man not coming to the church, and, being a popish recusant, doth persuade any of the king's subjects to impugn his Majesty's authority in causes ecclesiastical, or shall persuade any subject from coming to church, or receiving the communion, or persuade any subject to come to any unlawful conventicles, or shall be present at any such unlawful conventicles, and shall not after conform himself within a time, and make his submission, he shall abjure the realm, and forfeit his goods and lands during life; and if he depart not within the time prefixed, or return, he shall be in the degree of a felon. Where a man being a popish recusant, and not having lands to the value of twenty marks per annum, nor goods to the value of 401. shall not repair to his dwelling or place where he was born, and there confine himself within the compass of five miles, he shall abjure the realm; and if he return, he shall be in the degree of a felon. Where a man kills the king's deer in chases or forests, and can find no sureties after a year's imprisonment, he shall abjure the realm. Where a man is a trespasser in parks, or in ponds of fish, and after three years' imprisonment cannot find sureties, he shall abjure the realm. Where a man is a ravisher of any child within age, whose marriage belongs to any person, and marrieth the said child after years of consent, and is not able to satisfy for the marriage, he shall abjure the realm. OFFENCE OF HERESY. Cases of heresy, and the trial and proceeding therein. The declaration of heresy, and likewise the proceeding and judgment upon heretics, is by the common laws of this realm referred to the jurisdiction ecclesiastical, and the secular arm is reached unto them by the common laws, and not by any statute for the execution of them by the king's writ "de hæretico comburendo." CASES OF THE KING'S PREROGATIVE. The king's prerogative in parliament. 1. The king hath an absolute negative voice to all bills that pass the parliament, so as without his royal assent they have a mere nullity, and not so much as authoritas præscripta, or senatus consulta had, notwithstanding the intercession of tribunes. 2. The king may summon parliaments, dissolve them, adjourn and prorogue them at his pleasure. 3. The king may add voices in parliament at his pleasure, for he may give privileges to borough towns, and call and create barons at his pleasure. 4. No man can sit in parliament unless he take the oath of allegiance. The king's prerogative in matters of war and peace. 1. The king hath power to declare and proclaim war, and make and conclude peace. 2. The king hath power to make leagues and confederacies with foreign estates, more or less strait, and to revoke and disannul them at his pleasure. 3. 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. 4. The king hath power in time of war to execute martial law, and to appoint all officers of war at his pleasure. 5. The king hath power to grant his letters of mart and reprisal for remedy to his subjects upon foreign wrongs. 6. The king may give knighthood, and thereby enable any subject to perform knight's service. The king's prerogative in matter of money. 1. The king may alter his standard in baseness or fineness. 2. The king may alter his stamp in the form of it. 3. The king may at his pleasure alter the valuations, and raise and fall moneys. 4. The king may by proclamation make moneys of his own current or not. 5. The king may take or refuse the subjects' bullion, or coin for more or less money. 6. The king by proclamation may make foreign money current, or not. The king's prerogative in matters of trade and traffick. 1. The king may constrain the person of any of his subjects not to go out of the realm. 2. The king may restrain any of his subjects to go out of the realm into any special part foreign. 3. The king may forbid the exportation of any commodities out of the realm. 4. The king may forbid the importation of any commodities into the realm. 5. 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. The king's prerogative in the persons of his subjects. 1. The king may create any corporation or body politic, and enable them to purchase, to grant, to sue, and be sued; and with such restrictions and limitations as he pleases. 2. The king may denizen and enable any foreigner for him and his descendants after the charter; though he cannot naturalize, nor enable him to make pedigree from ancestors paramount. 3. The king may enable any attainted person, by |