only differing, but in a manner oppofite to it; by using a fuperftitious and corrupt Form of divine Service; I mean fuch as fay or hear Mafs.

12. Thefe Offences recited are against the Service and Worship of God: there remain two, which likewife pertain to the Difhonour of God; the one is the Abufe of his Name by Perjury; the other is the adhering to God's declared Enemies, evil and out-caft Spirits, by Conjuration and Witchcraft.

13. For Perjury; it is hard to fay whether it be more odious to God, or Perjury. pernicious to Man; for an Oath, faith the Apostle, is the End of Controverfies if therefore that Boundary of Suits be taken away, or misplaced, where fhall be the End? Therefore wilful and corrupt Perjury is to be enquired of, in any of the King's Courts, even the Court-Barons, and the like; and that as well of the Actors, as of the Procurers and Suborn

ers.

14. For Witchcraft; by the former Law it was not Death, except it Conjuration were actual and grofs Invocation of evil Spirits, or making Covenant with and Witchthem; or taking away Life by Witchcraft: but now by an Act Jacob. craft. Charms and Sorceries, in certain Cafes of procuring unlawful Love, or bodily Hurt, are made Felony, the fecond Offence; the firft being Imprifonment and Pillory.

State.

15. (2.) All the late Statutes which inflict capital Punishment upon Extol- Offences lers of the Pope's Supremacy, Denyers of the King's Supremacy, Jefuits against the and Seminaries, and other Offenders of that Nature, have for their principal Scope, not the Punishment of the Error of Confcience; but the repreffing of the Darger of the State. This is the true Spirit of the Laws, and therefore fuch Offences are to be placed under the Offences that concern the King and his State.

16. These Offences, therefore, refpect either the Safety of the King's Per- Against fon, or the Safety of his State and Kingdom; which tho they cannot be the King's Perfon. discovered in Deed, yet they may be diftinguished in Speech. First then, if any have confpired against the Life of the King, or the Queen's Majefty, or of the Prince their eldest Son; the very Compaffing, and Imagination thereof, is High-Treafon; if it can be proved by any Fact that is overt for in the Cafe of fo fudden, dark, pernícious, and peremptory Attempts, it were too late for the Law to take a Blow before it gives and this High-Treafon, of all others, is most heinous; of which Juries are to enquire.

17. There is another capital Offence, that hath an Affinity with this, Privy-Counwhereof Juries within the Verge are moft properly to enquire. The King's fellors. Privy Council are as the principal Watch over the Safety of the King; fo that their Safety is a Portion of his: If, therefore, any of the King's Servants within his Chequer-Roll (for to them only the Law extends) have confpired the Death of any of the King's Privy-Council, this is Felony. 18. The King's Perfon and Authority is reprefented in three things; The King's viz. in his Seals, in his Monies, and in his principal Magiftrates: if, therefore, Person reprehave counterfeited, clipped or scaled his Monies, or other Monies cur- fented three

any

rent,

Ways.

Treafons of three kinds.

Invafion and
Rebellion.

Hearts.

rent, this is High-Treafon. So likewife to kill certain great Officers, or Judges, executing their Office.

19. The Treafons which concern the Safety of the King's State, are of three kinds; anfwering to three Dangers, which may happen to a State. Thefe Dangers are foreign Invafions, open Rebellion, or Sedition; and privy Practice, to alienate and eftrange the Hearts of the Subject; and to prepare them either to adhere to Enemies, or to burst out into Tumults and Commotions of themselves.

20. Therefore, if any Perfon have follicited or procured an Invasion from Foreigners; or if any have combined to raise and stir the People to Rebellion within the Realm; thefe are High-Treafon, tending to the Overthrow of the State; and to be enquired of.

Alienation of 21. The third Particular, or Privy Practice, hath diverse Branches, but one principal Root, which is the vaft and over-fpreading Ambition and Ufurpation of the See of Rome; for the Pope of Rome is, according to his laft Challenge and Pretences, become a Competitor with the King, for the Hearts and Alienations of the People; and would make them as Fewel ready to take fire upon any of his Commands. This is that Yoke which England happily caft off, even at fuch time when the Popish Religion was nevertheless continued; and which diverse States, that were the Pope's Vaffals, begin to shake off.

Cafes of
Treafon.

Military
Men.

Prophecies.

22. If, therefore, any Perfon have maintained and extolled the ufurped Authority of the Bishop of Rome, within the King's Dominions, by writing, preaching, or Deed advifedly, or directly and malicioufly: or if any Perfon have withdrawn and reconciled any of the King's Subjects; or if any Subject hath refused, the fecond time, to take the Oath of Supremacy lawfully tendered; or if any Jefuit or Seminary come and abide in England; thefe are, by feveral Statutes, made Cafes of Treafon : the Law accounting these things as Preparatives, and the fecret Motions of Seditions and Revolts. And thefe are to be enquired of, both as to the Receivers, Maintainers, Concealers, &c. as well as the Principal. In fome Cafes it is Mifprifion of Treafon; and in fome others, Felony; as namely, that of relieving Jefuits and Priefts. The bringing in and difperfing of Agnus Dei, Croffes, Pictures, or fuch Trash, is likewife Præmunire: and fo is the Denial to take the Oath of Supremacy the first time.

23. And because in the Difpofition of a State to Troubles and Perturbations, military Men are the most dangerous; therefore, if any of the King's Subjects go over to ferve in foreign Parts, and do not first endure the Touch, that is, take the Oath; or if they have bore Office in any Army, and do not enter into Bond, with Sureties, as is prefcribed; this is made Felony and of fuch the Juries are to enquire.

24. Laftly, Because the Vulgar are fometimes led with vain and fond Prophecies; if any fuch fhall be published, to the end to move Stirs, or Tumults, this is not Felony; but punifhed by a Year's Imprifonment and Lofs of Goods and of this alfo the Juries are to enquire.

25. The

25. The Efcape of any Prifoner committed for Treafon, is Treafon; whereof the Juries are likewife to enquire.

26. (3.) The third part of the Divifion relates to thofe Offences which Capital Offences relating to concern the King's People, and are capital; which neverthelefs the Law terms the People. Offences against the Crown, in respect of the Protection that the King affords his People; and the Interest he has in them and their Welfare for touch them, and you touch the King. Thefe Offences are of three Natures; the first concerns the Prefervation of their Lives; the fecond the Honour and Honesty of their Perfons and Families; and the third their Subftance.

27. First for Life. In general, Life is grown fo cheap in thefe Times, Murder. as to be fet at the Price of Words; and every petty Scorn and Disgrace can have no other Reparation: nay, fo many Mens Lives are taken away with Impunity, that the very Life of the Law is almoft taken away with the Execution; and therefore, tho Life cannot be restored to thofe Men that are flain; yet the Law may be restored to Life, by proceeding with due Severity against the Offenders: and especially the Plot of Ground, which is the King's Carpet, ought not to be ftained with Blood, crying in the Ears of God and the King. It is true nevertheless, that the Law does make diverfe juft Differences of Life taken away; but yet no fuch Differences as the wanton Humours and Braveries of Men have, under a reverend Name of Honour and Reputation, invented *.

28. The highest Degree is, where fuch an one is killed, to whom the Petty-TreaOffender bore Faith and Obedience; as the Servant to the Mafter, thefon. Wife to the Hufband, the Clerk to the Prelate, and the Child to the Father and Mother and this the Law terms Petty-Treafon.

29. The fecond is where a Man is flain upon fore-thought Malice, which the Law terms Murther; and it is an Affront horrible and odious, and cannot be blanched.

30. The third is, where a Man is killed upon a fudden Heat or Affray, Man-flaugh. whereunto the Law gives fome little Favour; because a Man in Fury is not ter himself. Ira furor brevis; Wrath is a fhort Madness. And the Wisdom of the Law has made a Difference of the Stab given, where the Party stabb'd is out of Defence, and had not given the firft Blow, from other Manflaughters.

31. The fourth Degree is that of killing a Man in the Party's own Defence, or by Mifadventure; which tho they be not Felonies, yet the Law does not fuffer them to go unpunished; because it kindles Sparks of a bloody Mind in the one, and Defence in the other.

32. And the fifth is, where the Law admits Fortification; not by Plea,. (for a Man that sheds Blood, may not juftify the Fact with pleading not guilty) and the Cafe is found by Verdict, being difclofed upon the Evidence; as where a Man in the King's Highway and Peace, is affailed to be murdered or robbed; or when a Man defending his Houfe, which is his Castle, against unlawful Violence; or when a Sheriff or Minifter of Jul

tice,

* See the Author's Speech against Duelling, Vol. I. pag. 393.

&c.

tice, is refifted in the Execution of his Office; or when the Patient dies in the Chirurgeon's Hands, upon cutting, or otherwife: for thefe Cafes the Law privileges; because of the Neceffity, and because of the Innocency of the Intention. And thus much for the Death of Man; of which Cafes the Juries are to enquire, together with the Acceffaries before and after the Fact.

Rapes, double 33. For the fecond kind, which concerns the Honefty and Chastity of Marriages, Perfons and Families; the Juries are to enquire of the Ravishment of Women; of the taking of Women out of the Poffeffion of their Parents, or Guardians, against their Will; or marrying or abusing them, or double marrying, where there was not first seven Years Abfence, and no notice that the Party fo abfent was alive; and other Felonies against the Honesty

Robberies.

Offences a

gainst the People that are not capital.

Force.

Exactions.

of Life.

34. For the third kind, which concerns Mens Substance; the Juries fhall enquire of Burglaries, Robberies, cutting of Purses, and taking of any thing from the Perfon; and generally of all other Stealths, as well fuch as are plain, as thofe that are difguifed. But firft they are to ufe Diligence in presenting, especially thofe Purloinings and Imbezzelments, which are of Plate, Veffels, or whatfoever elfe, within the King's House. The King's Houfe is an open Place; it ought to be kept fafe by Law, and not by Lock: and therefore requires the more Severity.

35. Now for coloured or difguifed Robberies; to name two or three of them; the Purveyor that takes without Warrant is no better than a Thief; and it is Felony. The Servant that has the keeping of the King's Goods, and goes away with them, tho he came to the Poffeffion of them lawfully, it is Felony. Of thefe the Juries are to enquire, Principal and Acceffaries. The voluntary efcape of a Felon is alfo Felony.

36. (4.) For the laft Part, which is of Offences concerning the People, there are many they are of three Natures.

(1.) The first is Matter of Force and Outrage.

(2.) The fecond, Matter of Fraud and Deceit.

(3.) The third, Breach and Non-obfervance of certain wholfome and politic Laws for Government.

37. For the first; the Juries fhall enquire of Riots and unlawful Affemblies; of forcible Entries and Detainers with Force; and properly of all Affaults of ftriking, drawing Weapons, or other Violence, within the King's Houfe, and the Precincts thereof; for the King's Houfe, (from whence Examples of Peace should flow into the fartheft part of the Kingdom, as the Ointment of Aaron's Head to the Skirts of his Garment,) ought to be facred, and inviolate from Force and Brawls; as well in refpect of Reverence to the Place, as in refpect of Danger and Trouble; and of fetting an Example to the whole Kingdom: and therefore in that Place, all fhould be full of Peace, Order, Regard, Forbearance, and Silence.

38. Befides open Force, there is a kind of Force coming with an open and armed Hand, but difguifed; tho no lefs hateful and hurtful; and that is, Abuse and Oppreffion by Authority.

39. And

39. And therefore the Juries are to enquire of all Extortions in Officers and Minifters; as Sheriffs, Bailiffs of Hundreds, Efcheators, Coroners, Conftables, Ordinaries, and others, who by Colour of Office do pol the People.

40. For Frauds and Deceits; thofe chiefly commended to the Care of Frauds. Juries, are the Frauds and Deceits in what is the chief Means of all just Contracts and Permutation; viz. Weights and Measures; wherein, tho God has pronounced that falfe Weight is an Abomination, yet the Abuse is fo common and general, that if a Man were to build a Church, he need but take the falfe Weights, that may be every where found near at hand; the Weights, or Piles, of Brass to make the Bells, and the Weights of Lead to make the Battlements: and herein Juries are to make special Enquiry, whether the Clerk of the Market within the Verge, to whom it properly appertains, have done his Duty.

41. For Nufances and Grievances; Juries are to prefent the Decays Nufances and of Highways and Bridges; for where the Majefty of the King's Houfe Grievances. draws Recourfe and Accefs, it is both difgraceful to the King, and bur-. thenfome to the People, if the Ways near about be not fair and good : wherein it is strange to fee the chargeable Pavement and Caufways in the Entrance of Towns abroad, beyond the Seas; whereas London, the second City, at least, of Europe, in Glory, in Greatnefs, and in Wealth, cannot be difcerned by the Goodness of the Ways, tho a little perhaps by the Broadness of them, from a Village.

42. For the last Part, three Laws are to be regarded by the Juries.

(1.) The one concerning the King's Pleasure.

(2.) The fecond, concerning the People's Food.

(3.) And the third, concerning Wares and Manufactures.

Breach of
Statutes.

43. The Juries fhall therefore enquire of the unlawful taking of Patrid- Killing the

ges and Pheasants, or Fowls; the Detraction of the Eggs of the faid Wild King's Game. Fowl; the killing of Hares or Deer; and the stealing of Venifon or Hares :

for that which is for Exercife and Sport, and Courtefy, fhould not be

turned to Gluttony, and Sale-Victuals.

44. The Juries fhall alfo enquire whether Bakers and Brewers keep their Food. Affize; and whether as well they as Butchers, Innholders, and Victuallers, do fell that which is wholfome, and at reasonable Prices; and whether they do link and combine to raise Prices.

45. Laftly, the Juries are to enquire whether the good Statute be ob- Manufacferved, whereby a Man may have what he thinks he hath, and not be fures. abused in what he buys; that is, the Statute requiring that none use any manual Occupation, but fuch as have been feven Years Apprentice to it: which Law being generally tranfgreffed, makes the People buy, in Effect, Chaff for Corn; for that which is ill-wrought will wear ill.