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Petty Treason.
In case of Præmunire, the Offender (being
attainted upon the Statute of
16 Rich. 2.) shall forfeit all his Lands which he hath in Fee for
ever, and all
his Goods and Chattels tot he King; but his Lands, whereof he hath an
Estate tail, he shall forfeit only during his life; and shall be imprisoned
during his life. But some do hold, That if the Offender be attainted
upon
the Stat. of 27 Ed. 3. cap. 1. there the Offender shall forfeit
nothing, if he
appeareth at the day of the Præmunire returned.
See the Stat. & B. Præm.
6. & Cromp. Autor ders cost 97. Yet others do hold,
That as upon the
Statute of 16 R. 2. cap. 5. the Offenders shall forfeit their
Lands and Goods
if they be attainted (Br. Præm. 6 & 20.) so upon the Stat.
of 27 E. 3. if
the Offender do appear and plead, and be found guilty, he shall have the
Judgment of Præmunire, sc. to be put out of the Kings Protection,
and
shall forfeit his Lands, Goods and Chattels to the King, and his Body shall
be imprisoned during his life, (or until he hath made fine and ransom at
the Kings will.) See the Stat. and Co. 11. 34. and the
old Natur Bre. fol.
159. Col. L. 130, & 391. |
Chap. 142.
P. Præm.
15. 6. 19.
Co. 7. prai.
& 11. 63.
Co. 8. 130. |
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Now for the Offenders in High Treason, Misprison
of Treason, and
Præmunire, although the Justices of peace (by their Commission,
nor by
Sta.) cannot meddle with them in the very point of their Offences, saving
in some particulars, and that by way of inquiry only, which you may see
hic. antea, tit. Felony. Yet for that all Treasons, and
such other Offences are
against the Peace of the King, and of the Realm, therefore upon complaint
made to the Justice of peace, or other knowledge had by him of
any such Offenders, it shall be his part to cause such Offenders to be
apprehended,
and to joyn with some other Justice of peace in taking their
Examination, and the information upon Oath of such as bring them, or of
others that can prove any thing material against them, and to put the same
in Writing (under the hands of the Informers) and then to commit the
Offenders to the Gaol; and also to bind over by Recognizance all such as
do declare any thing material, to appear and give evidence against such
Offenders, before the Lords of the Kings Majesties Privy-Council, or in
the Kings Bench, or at the Assizes and Gaol-delivery, or elsewhere, when
they shall be called upon reasonable warning, and after to certifie their
doings therein to some of the Lords of His Majesties said Council. |
9 H. 3. 1.
Br. Trea. 5.
Fitz. Just.
de peace 7. |
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Note that all Treasons, Misprison of Treason, and
concealment of Treason,
done or committed out of the Realm, shall be inquired of, and tried
within the Realm, sc. in the Kings Bench, or else before special
Commissioners.
See Stat. 35 H. 8. cap. 2. & 5 E. 6. cap.
11. P. Treas. 18. & Dyer
287, 298. 132, 360. Co. 7. 23. & 11, 63.
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26 H. 8. c.
13. |
§. 1.
Defined. |
Petty Treason. CHAP. CXLII.
V. 91.
PEtty Treason is, when wilful Murther is committed
(in the Estate
Oeconomical) upon any subject, by one that is in subjection, and
oweth faith duty and private obedience to the party murthered, as in these
cases following. |
25 E. 3. 6.
2.
P. Treas. 1. |
§. 2.
By a Servant. |
If a Servant maliciously killeth his or her Master
or Mistress, this was
Petty Treason by the Common Law, Stamf. 10. 1. br. 8. 12.
& Co. 11. 34.
& 25 E. 3. cap. 2. |
Ibid. & 10.
11. ass. 30. |
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A Servant of the age of thirteen years killed her
Mistress, it was adjudged
in her Petty Treason, Br. Treas. 12. |
Ibid. Fitz.
Co. 118. |
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