The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Case of Treason.

In this very Term, one George Leake, a Chancery Clark, had upon an ordinary piece of Parchment, by great deceit fixed with a kind of Glew, another Parchment so thin, that it appear but one piece. And upon the thin piece he writ by good Warrant a Li ense, which brought to the Chancellor, was sealed with the Great Seal. Af∣ter the George took the thin piece upon which the writing was, from the other to which the Seal was fixed, and then all was blank, with the Great Seal annext; upon which blank, the said George writ a Grant of the King of certain Lands; and what Offence this was, was the Question. And after a long debate upon the 25 Ed. 3. 2 H. 4. 25. Stamford l. 1. fol. 3. 40 Ass. pla. 33. 37 H.

8. Title Treason, 2 H. 4. Claus. 42 Ed. 3. memb. 8. in dorso, where the Case was, That King Richard the First by his Charter, granted divers Lands and Liberties, Abbati de Bruera, in which the Abbot rased out this word Fittetrida, and instead of it writ est leigh, and upon shewing it, obtained a confirmation of it from King Ed. 3. And an allowance of it in Banco R. And for this Offence, the Abbot was called before the King and Council in the Star-Chamber, where the Abbot being Convict, it was part of the Sentence, That the Charter, confirmation, and allowance of it, should be brought in to be cancelled; where note,

1. The Antiquity of the Star-Chamber being then a Court.

2. That the rasure was not any Counterfeit of the Great Seal; for if the Offence had been High Treason, it should not have been determined before the King and Council.

3. That Spiritual Persons were then punishable before Temporal Judges.

4. That if there be a rasure of a Deed between Sub∣ject and Subject in a place material, all the Deed be∣comes naught; so if a Patentee rase his Heirs Patents in a place material.

Thence concluded, That if the rasing of a word in the Kings Patent be not Treason, then the rasing of two or three, or all the words of the Patent, and writing a new Grant is not Treason.

By the Statute of the 25 Ed. 3. it is provided, That because many other Cases of like Treason might happen in time to come, which men cannot think or declare at present. That if another Case suffered Treason, and not specified in the Act, shall come before any of the Justices, they shall stay without going to Judgment of Treason, untill the Case be shewen before the King in Parliament.

1. That though a Case happen like to the Cases of Treason mentioned in the said Act; yet that the Judges ought not to judge it Treason, but it ought to be declared in Parliament.

2. That when a particular Case was adjudged High Treason, (as the Case of murdring an Embassador of a King) Et Legatos violare contra jus Gentium est.

Afterwards George Leake, upon Examination before the chief Justice of England, made a clear Confession of of all the manner and circumstances of the Fact as afore∣said; whereupon Two Questions were moved,

1. Whether this Offence were High Treason or no: And in this the Justices were divided; my self and divers others holding, That this Act was not Treason; but the chief Justice and divers others were against us.

2. If it be High Treason, then whether he may be indicted generally for the Counterfeiting of the Great Seal, or else the special Fact must be expressed.

By reason of diversity of Opinions, R••spectuatur, vid. Fleta lib. 1. cap. 22. Item crimen falsi dicitur, cum quis illicitus cui non fuerit ad haec data authoritas de sigillo Regis rapto vel invento et brevia Carteria: vide le Attainder de Elizabeth Barton, Edw. Bocking. by Parliament, &c. 25. H. 8. c. 12.