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Petty Treason.
' this be Petty Treason, because it is not altogether Crimen parts
gradus.
' But saith he, in criminalibus sufficit generalis malieia intentionis
cum
' facto paris gradus. Regula 15 pag. 65, 66. |
Chap. 142. |
§. 4.
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The Child maliciously killeth his Father or Mother,
this is Petty Treason
(although the Father or Mother at the same time gave neither meat, drink
nor wages to such Child:) But it is Treason in the Child, in respect
of the
duty of nature violated. Vide Ba. 53. |
21 E. 3. 17.
Co. 7. 13. b.
Br. Treas.
6. |
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A Bastard killeth his Mother, this seemeth Petty
Treason, for the Mother
is certainly known. |
Cromp. 21. |
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' By the Law of God, he that only smiteth, or curseth
his Father, or his
' Mother, shall die the death. Ex. 21. 15 & 17. |
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The Son or Daughter-in-Law, killeth his Father or
Mother-in-Law, with
whom they dwell and do service, and have meat and drink, it is Petty
Treason, although such Child take no wages; but the Indictment shall be
by the name of Servant. |
Dallsons
Rep.
2 M. 1. |
§. 5.
Clerk. |
A Clerk, or any other Ecclesiastical person, maliciously
kills his Ordinary,
or Superior, to whom he oweth obedience, this is Petty Treason. 19
H.
6. 47. |
25 E. 3. c. 2.
2 Br. P.
Treas. 7. |
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Note, that unto the Bishop of every Diocess, the
Clerks within their
Diocess do owe faith and obedience, which is called Canonical obedience.
Finch 137. |
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Note further, that whatsoever Act will prove Murther
between strangers,
the same will make Petty Treason from the Servant to his Master, from the
Wife to the Husband, from the Child to the Father or Mother, and from the
Clerk to his Prelate or Ordinary. Mutatis mutandis. |
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' Otherwise it is between these persons, where it
is not wilful Murther:
' as if the Servant should kill his Master upon a suddain falling out,
without
' any malice precedent or by misadventure, or se defendendo, these
are not
' Petty Treason, neither shall the Indictment be Proditorie, &c.
And so of
' the Wife or Child. |
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| Break Prison. |
Breaking of Prison, whereby Prisoners that were
therein for Treason do
escape, this is also Petty Treason, 1 H. 6. 5. Br. 11. |
Stamf. 11. |
| Pyrat. |
A Norman being Captain of an English Ship,
wherein also were certain
English-men, and they robbed upon the Sea; this was adjudged Felony
in
the Norman, and Treason in the English-men, and they were
drawn and
hanged, 40 Ass. p. 25. Br. Coron. 119 & Treason 16. |
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But at this day all Felonies, Robberies, Murthers
and Pyracies, done upon
the High Sea, are to be tryed before the Lord Admiral in the Court of
the Admiralty, and according to the Civil Law. Or they may be attainted
before Commissioners, by force of the Stat. of 28 H. 8. 15. and
then they
shall forfeit their Lands, and their Blood shall be corrupted, Co. L.
39. |
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| [Indictor.] |
Also it hath been adjudged Petty Treason in some
Books, and Felony in
some other, for for an Indictor (in case of Treason or Felony) to discover
the
Kings Council and their Fellows (sc. to discover to others, what
person
they have indicted; or if they have indicted any, then to shew to others
what they have done therein, by whose means, &c.) But now that
offence is taken only to be finable to the King. |
Stamf. 1.
36.
Fit. Cor.
207, 272,
Br. Cor.
113. |
§. 6.
Punishment. |
The punishment of Petty Treason is this; The Man
so offending shall
be drawn and hanged; the Woman shall be burned alive, in case as well for
Petty Treason, as of High Treason, 1 R. 3. 4. But in cases
of Felonies, the
Judgment both of Man and Woman is to be hanged. |
1 R. 3. 4.
Br. Trea. 2. |
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Also no person or persons (be they Law or within
Holy Orders, &c.)
which shall be attainted, or found guilty or any manner of Petty Treason, |
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