| Chap. 142. |
Misprison.
Goods, but shall lose his right hand, be imprisoned during his life,
and shall
pay fine and ransom at the Kings pleasure: And so now such an
offence
done in the Kings Palace, shall not have so grievous a punishment, as if
it
be done in West. Hall. See Stamf. 38. d. |
335 |
| Ibid. |
But in the former cases, the Offender shall have
Judgment as in Misprison
of Treason, and besides shall have his right hand cut off. Br.
Peins 16.
Fitz. Forf. 21. Dyer 188. |
|
Ibid. |
If one of the Kings Justices do arrest one, who
made an affray before
him sitting in place of Justice, and a stranger shall rescue the prisoner,
whereby he escapeth; this is misprison of Treason in them both, for that
the arrest by the Justice was (in Law) the arrest of the King himself. |
|
Stamf. 37.
c.
Crom. 41. |
Note, that every Treason or Felony, do include Misprison,
so that
where any person hath committed Treason or Felony, the King may cause
the Offender to be Indicted and Arraigned but of Misprison. |
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' Misprison is properly, when one knoweth that another
hath committed
' or is about for to commit any Treason or Felony, but was not, or is
not consenting thereto, and will not discover the Offender to the King
or
his Council, or to some Magistrate, but conceals the Offence, Stamf.
37.
Stat. 5 E. 6. c. 11. |
|
| Stamf. 37. |
' Compounding of Felonies, is also Misprison of
Felony at the least,
' if it be not Felony. |
|
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For Misprison of Treason, the Offender shall forfeit
to the King his
Goods and Chattels for ever, and the profits of his Lands during his
life,
and also shall be imprisoned during his life, Br. Trea. 19 &
Stamf. 38. |
|
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For Misprison of Felony, the Offender shall be only
fined (and ransomed)
by the Justices, before whom he shall be attainted, and shall be
committed to prison until he hath paid his Fine. See Br. Treas.
25 &
Finch. lib. 2. |
The forfeiture. |
| 3 H. 7. f. 10. |
For High Treason, the Offender being a Man, shall
be drawn upon a
Hurdle unto the place of Execution, and there shall be hanged by the Neck,
cut down Alive, and his Intrails and Privy-members shall be cut from his
Body, and be burnt within his View; and then his Head shall be cut off,
and his Body quartered, and then to be disposed of at the Kings will. |
Judgments. |
Vide Co.
l. 13. 3.
& 37. |
Also he shall forfeit all his Lands and Goods to
the King: yea, at this
day (by the Stat. made 26 H. 8. cap. 13. & 5 Ed. 6.
cap. 11.) his Lands
entailed shall be forfeited, and his Wife shall lose her dower (saving
in
certain cases) Vide Stamf. 182 & 187. Co. 1. 103.
3. 10 & 7. 33. 34. &
Dyer 289. & 332. Plo. 237. b. 249. b. 554.
b. & 559. Est enim tam grave
crimen istud quod vix permittitur hæredibus quod vivant: Et
si aliquando
forte ad successionem admittuntur tales, hoc magis erit de gratia
quam de jure,
Br. lib. 3. fol. 118. |
|
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But the Judgment and Sentence of Condemnation upon
a Woman in
case of Treason is, That she shall be drawn upon a Hurdle unto the place
of
Execution and there burned. Stamf. 182. c. |
|
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13 Ca. 2.
c. 24. |
" If any shall bring his action against any for
making any kind of purveyance
" contrary to 12 Ca. 2. c. 24. And any other after
notice, that
" the Action is grounded on that Statute, shall procure that Action to
be
" delayed or stayed before Judgment by colour of any order, power warrant
" or authority, save only of the Court where that Action is depending,
" or after Judgment shall cause or procure execution to be delayed or
" stayed by any order, warrant, power or authority; save only by Writ
" of Error or Attaint, or Order of that Court where such Writ of Error
or
" Attaint is depending, The person offending shall incur a Præmunire. |
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