The works of Francis Bacon, lord chancellor of England.

162 OF THE UNION OF LAWS.
beth, shall come into, or remain in any part of he was of good memory at the time of his exathis realm, it is treason. mination and confession, the court may proceed
Where any person being brought up in a col- to judgment without calling or arraigning the
lege of Jesuits, or seminary, shall not return party.
within six months after proclamation made, and In treason, the death of the party before convicwithin two days after his return submit himself tion dischargeth all proceeding and forfeitures.
to take the oath of supremacy, if otherwise he do In treason, if the party be once acquitted, he
return, or be within the realm, it is treason. shall not be brought in question again for the
Where a man doth affirm or maintain any au- same fact.
thority of jurisdiction spiritual, or doth put in use In treason, no new case, not expressed in the
or execute any thing for the advancement or set- statute of 25 Ed. III., nor made treason by any
ting forth thereof, such offence, the third time special statute since, ought to be judged treason,
committed, is treason. without consulting with the parliament.
Where a man refuseth to take the oath of su- In treason, there can be no prosecution but at
premnacy, being tendered by the bishop of the the king's suit, and theking's pardon dischargeth.
diocese, if he be an ecclesiastical person; or by In treason, the king cannot grant over to any
commission out of the chancery, if he be a tempo- subject power and authority to pardon it.
ral person; such offence the second time is treason. In treason, a trial of a peer of the kingdom is
Where a man committed for treason doth vo- to be by special commission before the lord high
luntarily break prison, it is treason. steward, and those that pass upon him to be none
Where a jailor doth voluntarily permit a man but peers: and the proceeding is with great socommitted for treason to escape, it is treason. lemnity, the lord steward sitting under a cloth of
Where a man procureth or consenteth to a trea- estate with a white rod of justice in his hand:
son, it is treason. and the peers may confer together, but are not any
Where a man relieveth or comforteth a traitor, ways shut up: and are demanded by the lord
knotwing it, it is treason. steward their voices one by one, and the plurality
of voices carrieth it. In treason, it hath been an'he punishmnent, trial, and proceediings, in cases of ancient use and favour from the kings of this
treason. realm to pardon the execution of hanging, drawIn treason, the corporal punishment is by ing, and quartering; and to make warrant for
drawing on a hurdle from the place of the prison to their beheading.
the place of execution, and by hanging and being The proceeding in case of treason with a comcut down alive, bowelling, and quartering: and mon subject is in the king's bench, or by conlin women by burning. mission of Oyer and Terminer.
In treason there ensueth a corruption of blood
in the line ascending and descending. MISPRISION OF TREASON.
In treason, lands and goods are forfeited, and
inheritances, as well entailed as fee simple, and CWases of misprision of treasono.
the p- )fits of estates for life. Where a man concealeth high treason only,
Ir. treason, the escheats go to the king, and without any comforting or abetting, it is rrisprinot to the lord of the fee. sion of treason.
In treason, the lands forfeited shall be in the Where a man counterfeiteth any foreign coin of
king's actual possession without office. gold or silver not current in the realm, it is misIn treason there be no accessaries, but all are prision of treason.
principals.
In treason, no benefit of clergy, or sanctuary, Tle pjunishnent, trial, and proceeding, ils cases of
or peremptory challenge. misprision of treason.
In treason, if the party stand mute, yet never- The punishment of misprision of treason is by
theless judgment and attainder shall proceed all perpetual imprisonment, loss of the issues of their
one as upon verdict. lands during life, and loss of goods and chattels.
In treason, bail is not permitted. The proceeding and trial is, as in cases of
In treason, no counsel is to be allowed to the treason.
party. In misprision of treason, bail is not admitted.
In treason, no witness shall be received upon
oath for the party's justification. PETIT TREASON.
In treason, if the fact be committed beyond the
seas, yet it may be tried in any country where the
king will award his commission. Where the servant killeth the mraster, it is petit
In treason, if the party be " non sanme memo- treason.
riae," yet if he had formerly confessed it before Where the wife killeth her husband, it is petit
the king's counsel, and that it be certified that treason.