Where a servant hath goods of his master's delivered unto him, and goeth away with them, it is felony.

Where a man conjures, or invocates wicked spirits, it is felony.

Where a man doth use or practise any manner of witchcraft, whereby any person shall be killed, wasted, or lamed in his body, it is felony.

Where a man practiseth any witchcraft, to discover treasure hid, or to discover stolen goods, or to provoke unlawful love, or to impair or hurt any man's cattle or goods, the second time having been once before convicted of like offence, it is felony.

Where a man useth the craft of multiplication of gold or silver, it is felony.

Where a man committeth rape, it is felony.

Where a man taketh away a woman against her will, not claiming her as his ward or bondwoman, it is felony.

Where any person marrieth again, her or his former husband or wife being alive, it is felony.

Where a man committeth buggery with man or beast, it is felony.

Where any persons, above the number of twelve, shall assemble themselves with intent to put down inclosures, or bring down prices of victuals, etc. and do not depart after proclamation, it is felony.

Where a man shall use any words to encourage or draw any people together, ut supra, and they do assemble accordingly, and do not depart after proclamation, it is felony.

Where a man being the King's sworn servant, conspireth to murder any lord of the realm or any of the privy council, it is felony.

Where a soldier hath taken any parcel of the king's wages, and departeth without licence, it is felony. Where a man receiveth a seminary priest, knowing him to be such a priest, it is felony.

Where a recusant, which is a seducer, and persuader, and inciter of the King's subjects against the King's authority in ecclesiastical causes, or a persuader of

conventicles, &c. shall refuse to abjure the realm, it is felony.

Where vagabonds be found in the realm, calling themselves Egyptians, it is felony.

Where a purveyor taketh without warrant, or otherwise doth offend against certain special laws, it is felony.

Where a man hunteth in any forest, park, or warren, by night or by day, with vizards or other disguisements, and is examined thereof and concealeth his fact, it is felony.

Where a man stealeth certain kinds of hawks, it is felony.

Where a man committeth forgery the second time, having been once before convicted, it is felony.

Where a man transporteth rams or other sheep out of the King's dominions, the second time, it is felony. Where a man being imprisoned for felony, breaks prison, it is felony.

Where a man procureth or consenteth to a felony to be committed, it is felony, as to make him accessary before the fact.

Where a man receiveth or relieveth a felon, knowing thereof, it is felony, as to make him accessary after the fact.

Where a woman, by the constraint of her husband, in his presence, joineth with him in committing of felony, it is not felony, neither as principal, nor as

accessary.

The punishment, trial, and proceeding in cases of felony.

In felony, the corporal punishment is by hanging, and it is doubtful whether the King may turn it into. beheading in the case of a Peer or other person of dignity, because in treason the striking off the head is part of the judgment, and so the King pardoneth the rest: but in felony it is no part of the judgment, and the King cannot alter the execution of law; yet precedents have been both ways.

In felony, there followeth corruption of blood, except it be in cases made felony by special statutes, with a proviso that there shall be no corruption of blood.

In felony, lands in fee simple and goods are forfeited, but not lands intailed, and the profits of estates for life are likewise forfeited: And by some customs lands in fee simple are not forfeited;

The father to the bough, son to the plough; as in Gavelkind in Kent, and other places.

In felony, the escheats go to the lord of the fee, and not to the King, except he be lord: But the profits of estates for lives, or in tail during the life of tenant in tail, go to the King; and the King hath likewise, in fee simple lands holden of common lords, annum, diem, et vastum.

In felony, the lands are not in the King before office, nor in the lord before entry or recovery in writ of escheat, or death of the party attainted.

In felony, there can be no proceeding with the accessary before there be a proceeding with the principal; which principal if he die, or plead his pardon, or have his clergy before attainder, the accessaries can never be dealt with.

In felony, if the party stand mute, and will not put himself upon his trial, or challenge peremptorily above the number that the law allows, he shall have judgment not of hanging, but of penance of pressing to death; but then he saves his lands, and forfeits only his goods.

In felony, at the common law, the benefit of clergy or sanctuary was allowed; but now by statutes it is taken away in most cases.

In felony, bail may be admitted where the fact is not notorious, and the person not of evil fame.

In felony, no counsel is to be allowed to the party, no more than in treason.

In felony, no witness shall be received upon oath for the party's justification, no more than in treason. In felony, if the fact be committed beyond the seas, or upon the seas, super altum mare, there is no trial

at all in the one case, nor by course of jury in the other case, but by the jurisdiction of the Admiralty.

In felony, if the party be non sanæ memoriæ, although it be after the fact, he cannot be tried nor adjudged, except it be in course of outlawry, and that is also erroneous.

In felony, the death of the party before conviction dischargeth all proceedings and forfeitures.

In felony, if the party be once acquitted, or in peril of judgment of life lawfully, he shall never be brought in question again for the same fact.

In felony, the prosecution may be either at the King's suit, by way of indictment, or at the party's suit, by way of appeal; and if it be by way of appeal, the defendant shall have his counsel, and produce witnesses upon oath, as in civil causes.

In felony, the King may grant hault justice to a subject, with the regality of power to pardon it.

In felony, the trial of Peers is all one as in case of treason.

In felony, the proceedings are in the King's bench, or before Commissioners of Oyer and Terminer, or of gaol delivery, and in some cases before justices of peace.

Cases of Felonia de se, with the punishment, trial, and proceeding therein.

In the civil law, and other laws, they make a difference of cases of felonia de se: for where a man is called in question upon any capital crime, and killeth himself to prevent the law, they give the same judgment in all points of forfeiture, as if they had been attainted in their life-time: And on the other side, where a man killeth himself upon impatience of sickness or the like, they do not punish it at all: but the law of England taketh it all in one degree, and punisheth it only with loss of goods to be forfeited to the King, who generally granteth them to his Almoner, where they be not formerly granted unto special liberties.

OFFENCES OF PRÆMUNIRE.

Cases of Præmunire.

WHERE a man purchaseth or accepteth any provision, that is, collation of any spiritual benefice or living, from the see of Rome, it is case of præmunire.

Where a man shall purchase any process to draw any people of the King's allegiance out of the realm, in plea, whereof the cognisance pertains to the King's court, and cometh not in person to answer his contempt in that behalf before the King and his council, or in his chancery, it is case of præmunire.

Where a man doth sue in any court which is not the King's court, to defeat or impeach any judgment given in the King's court, and doth not appear to answer his contempt, it is case of præmunire.

Where a man doth purchase or pursue in the court of Rome, or elsewhere, any process, sentence of excommunication, bull, instrument, or other thing which touches the King in his regality, or his realm in prejudice, it is case of præmunire.

Where a man doth affirm or maintain any foreign authority of jurisdiction spiritual, or doth put in use or execute any thing for the advancement or setting forth thereof; such offence, the second time committed, is case of præmunire.

Where a man refuseth to take the oath of supremacy, being tendered by the bishop of the diocese, if he be an ecclesiastical person; or by commission out of the chancery, if he be a temporal person, it is case of præmunire.

Where the dean and chapter of any church, upon the Congé d'elire of an archbishop or bishop, doth refuse to elect any such archbishop or bishop as is nominated unto them in the King's letters missive, it is case of præmunire.

Where a man doth contribute or give relief unto any Jesuit or seminary priests, or to any college of Jesuits