A Report of Some Proceedings On the Commission of Oyer And Terminer And Goal Del

Cover A Report of Some Proceedings On the Commission of Oyer And Terminer And Goal Del
A Report of Some Proceedings On the Commission of Oyer And Terminer And Goal Del
Michael Foster
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I. . S E C T. I . Th E true Criterion therefore in all thefe Cafes is, ^0 Anbno did the Parties Affemble. For if the Aflcmbly be OF HIGH TREASON. 209 be upon Account of Tome private Quarrel, or to take Re- CHAP. Venge of particular Perfons, the Statute of Treafons hath II. Aheady determined that Point in Favour of the Subjed:. " l^y faith the Statute, any Man ride armed openly [So the S' Word Dcfcouvert ought to have been rendered] or fe- " cretly with Men of Arms againfl: any Other to Slay or ...to " Rob him, or to take and keep him 'till he make Fine " for his Deliverance, it is not the Mind of the King nor " his Council that in fuch Cafe it fhall be judged Treafon ; " but it fhall be judged Felony or Trefpafs according to " the Laws of the Land of old Times ufecl and according as *' the Cafe requireth. " Then immediately followeth ano- ther Claufe which reacheth to the End of the Statute ; and provideth that, if in fuch Cafe or other like the Offence had thentofore been adjudged Treafon, whereby the Lands of the Offenders had come to the Crown as Forfeit ; the Lords of the Fee fliould notwithftanding have the Efcheat of fuch Lands, faving to the Crown the Year, Day, and Waft.

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