By ftraying.

Wreck.

Forfeitures.

By ExecutorShip.

Proving the Will.

By Letter of
Adminiftra-

$1017.

ing is call'd Waving, and the Property is in the King; except the Lord of the Manor have a Right to it by Custom or Charter. But if the Felon be indicted, adjudged, found guilty, or out-law'd, at the Sait of the Owner of thefe Goods, he fhall have Reftitution of the Goods as before.

10. By ftraying, Property in live Cattel is thus got. When they come into other Mens Grounds, ftraying from the Owners, the Party, or Lord, into whofe Grounds or Manors they come, caufes them to be feized, and a Wythe put about their Necks, and to be cried in three Markets adjoining, fhewing the Marks of the Cattle: Which done, if the true Owner claim them not within a Year and a Day, then the Property of them is in the Lord of the Manor, whereto they ftray'd; if he have all Strays by Cuftom and Charter; elfe to the King.

11. By Shipwreck, Property of Goods is thus got. When a laden Ship is caft away upon the Coafts, fo that no living Creature that was in it when it began to fink, escaped to Land with Life; then all thofe Goods are faid to be wreck'd, and they belong to the Crown, if they be found`; except the Lord of the Soil adjoining can entitle himself to them by Cuftom, or by the King's Charter.

12. By Forfeitures, Goods and Chattels are thus got. If the Owner be out-law'd; if he be indicted of Felony, or Treafon; or either confefs it, or be found guilty of it, or refufe to be tried by Peers or Jury; or be attainted by Judgment, or fly for Felony; altho he be not guilty, or fuffer the Exigent to go forth against him; altho he be not out-law'd, or that he go over the Seas without Licence, all the Goods he had at the Judgment, he forfeits to the Crown; except fome Lord by Charter can claim them. For in thofe Cafes Prefcript will not ferve, except it be fo ancient, that it has had Allowance before the Juftices in Eyre, in their Circuits, or in the King's Bench, in ancient time.

13. By Executor fhip, Goods are got, when a Man poffeffed of Goods makes his last Will and Teftament in Writing, or by Word; and makes one or more Executors thereof: Thefe Executors have by the Will and Death of the Parties, all the Property of their Goods, Chattels, Leafes for Years, Wardships and Extents; and all Right concerning those things.

14. Thefe Executors may meddle with the Goods, and difpofe them before they prove the Will; but they cannot bring an Action for any Debt or Duty, before they have proved the Will.

15. The proving of the Will is thus. They are to exhibit the Will into the Bishop's Court, and there they are to bring the Witneffes to be fworn, and the Bishop's Officers are to keep the Will original, and certify the Copy thereof, in Parchment, under the Bishop's Seal of the Office: which Parchment fo fealed, is called the Will proved.

16. By Letters of Adminiftration, Property in Goods is thus got. When a Man poffeffed of Goods dies without any Will, fuch Goods as the Executors fhould have had, if he had made a Will, were by ancient Law to

come

come to the Bishop of the Diocefe, to difpofe for the Good of his Soul that died; he first paying his Funeral and Debts, and giving the rest ad pios ufus.

17. This is is now altered by Statute Laws, fo as that the Bishops are to grant Letters of Administration of the Goods at this Day to the Wife, if the require it, or Children, or next of kin : If they refuse it, as they often do, because the Debts are greater than the Estate will bear; then fome Creditor, or some other will take it, as the Bishop's Officers fhall think

meet.

18. It comes often in Queftion what Bifhop has the Right of proving The Granting Wills, and granting Administration of Goods: in which Controverfy the of AdminiRule is, that if the Party deceased had at the time of his Death Bona no- firation. tabilia, in diverfe Diocefes, of fome reasonable Value; then the Archbishop of the Province where he died, is to have the Probat of his Will, and to grant the Administration of his Goods, as the Cafe falls out; otherwise the Bishop of the Diocese where he died is to do it.

19. If there be but one Executor made, yet he may refufe the Executorfhip coming before the Bishop; provided he has not intermeddled with any of the Goods before, or with receiving Debts, or paying Legacies.

20. And if there be more Executors than one, fo many as please may How Execurefufe; and if any one take it upon him, the reft that did once refufe, tors are to may, when they will, take it upon them; and no Executor fhall be far proceed. ther charged with the Debts or Legacies, than the Value of the Goods come to his Hands; provided he forefee that he pay Debts upon Record, first Debts to the King, then upon Judgments, Statutes, Recognizances; then Debts by Bond and Bill fealed, Rent unpayed, Servants Wages, Payment to head Workmen; and laftly, Shop-Books, and Contracts by Word. For if an Executor or Adminiftrator pay the Debts to others before the King, or Debts due by Bond before thofe due by Record, or Debts by Shop-Books, and Contracts before thofe by Bond, Arrearages of Rent, and Servants or Workmen's Wages, he fhall pay the fame over again to those others in the faid Degrees. Yet the Law gives them choice, that where diverse have Debts due in equal Degree of Record or Speciality, he may pay which of them he will, before any Suit brought against him; but if Suit be brought, he must first pay them that get Judgment against him.

21. Any one Executor may convey the Goods, or release Debts without his Companion; and any one by himfelf may do as much as all together; but one Man's releafing of Debts, or felling of Goods, fhall not charge the other to pay fo much of the Goods, if there be not enough to pay Debts; but it fhall charge the Party himself that did fo releafe or convey.

22. But it is not fo with Adininiftrators: for they have but one Autho- How Admirity given them by the Bishop over the Goods; which Authority being niftrators. given to many, is to be executed by all of them join'd together. And if

an

Ordinary, what.

Property by
Legacy.

an Executor die, making an Executor, the fecond Executor is Executor to the firft Teftator.

23. But if an Administrator die inteftate, then his Adminiftrator fhall not be Executor or Adminiftrator to the firft; but in that Cafe the Bifhop, whom we call the Ordinary, is to commit the Administration of the firft Teftator's Goods to his Wife, or next of kin, as if he had died inteftate; always provided, that what the Executor did in his Life-time, is to be allowed for Good. And fo if an Administrator die, and make his Executor, the Executor of the Administrator fhall not be Executor to the first Inteftate; but the Ordinary must now commit the Administration of the Goods of the first Inteftate again.

24. If the Executor or Adminiftrator pay Debts, or Funerals, or Legacies of his own Money; he may retain fo much of the Goods in kind, of the Teftator or Inteftate, and fhall have Property of it in kind.

25. Property by Legacy, is where a Man makes a Will and Executors, and gives Legacies; he or they to whom the Legacies are given, must have the Affent of the Executors, or one of them, to have his Legacy; and the Property of that Legacy, or other Goods bequeathed to him, is faid to be in him; but he may not enter, nor take his Legacy without the Affent of the Executors, or one of them; because the Executors are charged to pay Debts before Legacies. And if one of them affent to pay Legacies, he fhall pay the Value thereof out of his own Purse; if there be not otherwise fufficient to pay Debts.

26. But this is to be understood by Debts of Record to the King, or by Bill and Bond fealed, as Arrearages of Rent, or Servants or Workmens Wages, and not Debts of Shop-Books, or Bills unfealed, or Contract by Word; for Legacies are to be paid before them.

27. And if the Executors doubt that they fhall not have enough to pay every Legacy, they may pay which they please first; but they may not fell any special Legacy, as they please, to pay Debts, or a Leafe of Goods to pay a Money Legacy: But they may fell any Legacy they will to pay Debts, if they have not enough befides.

28. If a Man make a Will, and leave no Executors, or if the Executors refuse, the Ordinary is to commit Administration, cum Teftamento annexo, and take Bonds of the Administrator to perform the Will; and he is to do it in fuch a fort, as the Executor fhould have done, if he had been named.

SECT.

SECT. VI.

CASES of TREASON; with the TRIAL, PE-
NALTIES, and PROCEEDINGS therein.

I.

W

HERE a Man compaffes or imagines the Death of the King, the Cafes of Trea-
King's Wife, the King's eldest Son, and Heir apparent; if it on.
appear by an Overt-act, it is Treason.

2. Where a Man violates the King's Wife, the King's eldest Daughter unmarried, the Wife of the King's eldeft Son, and Heir apparent, it is Treafon.

3. Where a Man levies War against the King in the Realm, it is Treafon.

4. Where a Man is adherent to the King's Enemies, giving them Aid and Comfort, it is Treafon.

5. Where a Man counterfeits the King's Great Seal, Privy Signet, or Sign Manual, it is Treason.

6. Where a Man brings into this Realm falfe Money, counterfeited to the Likeness of English, with an Intent to merchandize, or make Payment thereof, and knowing it to be falfe Money, it is Treason.

7. Where a Man counterfeits any Coin, current in Payment within this Realm, it is Treason.

8. Where a Man brings in any Money, being current, within the Realm, the fame being falfe and counterfeit, with an Intent to utter it, and knowing the fame to be falfe, it is Treason.

9. Where a Man clips, waftes, rounds, or files, any of the King's Money, or any foreign Coin, current by Proclamation, for Gain's-fake, it is Treafon.

10. Where a Man any way impairs, diminishes, falfifies, fcales, or lightens Money current by Proclamation, it is Treason.

11. Where a Man kills the Chancellor, the Treasurer, the King's Juftices in Eyre, the King's Juftices of Affizes, the Juftices of Oyer and Terminer, being in their several Places, and doing their Offices, it is Treason. 12. Where a Man procures, or confents to Treafon, it is Treafon.

13. Where a Man perfuades or withdraws any of the King's Subjects from their Obedience, or from the Religion established by his Majefty, with an Intent to draw any from the King's Obedience, it is Treason.

14. Where a Man is abfolved, reconciled, or withdrawn from his Obedience to the King, or promifes Obedience to any foreign Power, it is Treafon.

VOL. II.

M m

15. Where

The Punishments and Proceedings in Treafon.

15. Where any Jefuit, or any other Prieft, ordain'd fince the first Year of the Reign of Queen Elizabeth, fhall come into, or remain in any part of the Realm, it is Treafon.

16. When any Perfon being brought up in a College of Jefuits, or Seminary, shall not return within fix Months after Proclamation made, and within two Days after his Return, fubmit himself to take the Oath of Supremacy; if otherwise he do return, and within fix Months after Proclamation made, it is Treafon.

17. Where a Man committed for Treafon, voluntarily breaks Prifon, it is Treafon.

18. Where a Jailor voluntarily permits a Man committed for Treafon to escape, it is Treason.

19. Where a Man relieves, or comforts a Traitor, and knows of the Offence, it is Treason.

20. Where a Man affirms, or maintains any Authority of Jurifdiction. fpiritual, or puts in Ufe, or executes any thing for the Advancement or fetting forth thereof, the third time, it is Treafon.

21. Where a Man refufes to take the Oath of Supremacy, being tendered by the Bishop of the Diocese, if he be any ecclefiaftical Perfon; or by Commiffion out of the Chancery, if he be a temporal Perfon; fuch Offence, the fecond time, is Treafon.

22. In Treafon, the corporal Punishment is by drawing on a Hurdle, from the Place of Prifon, to the Place of Execution, by hanging, and being cut down alive, bowelling and quartering; and in Women, burning.

23. In Treafon, kere enfues a Corruption of Blood in the Line afcending and defcending.

24. In Treafon, Lands and Goods are forfeited, and Inheritances, as well entailed, as Fee-fimple, and the Profits of Eftates for Life.

25. In Treason, the Efcheats go to the King, and not to the Lord of the Fee.

26. In Treafon,, the Land forfeited fhall be in the King's actual Poffeffion, without Office..

27. In Treafon, there are no Acceffaries, but all are Principals.

28. In Treafon, no Sanctuary, nor Benefit of Clergy, or peremptory Challenge is allowed.

29. In Treafon, if the Party ftand mute, yet Judgment and Attainder fhall proceed all one as upon Verdict..

30. In Treafon, no Counfel is to be allowed; nor Bail permitted to the Party.

31. In Treafon, no Witness shall be received upon Oath, for the Parties Juftification.

it

32. In Treafon, if the Fact be committed beyond the Seas, yet may be tried in any County where the King will award his Commiffion.

33. In Treafon, if the Party be non fane memoria, yet if he had formerly confeffed it before the King's Council, and that it be certified he was

of