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In 1641 there was published a small volume in 21 chapters, with the title Cases of Treason, written by Sir Francis Bacon, H.M.'s Solicitor-General. The same matter, with very slight variation and with differing titles, is to be found in Harl. MSS. No. 6797, Sloane MSS. No. 4263, and Lansd. MSS. No. 612, all of them assigning 1608 as the date of the composition.

The first part of the collection is in substance the same as the Preparation for the Union of Laws, omitting the preface; the main difference being the compression here and there of several clauses in the Preparation into one :-for instance, comprising in the first paragraph the death of the king, the king's wife, and the king's eldest son; or, as another copy has it more concisely, the king, his wife, or eldest son. If the collection had been in existence (whether Bacon's or another's) before it was used for the special purpose of the Union, the separation of such a paragraph into its elements would be natural for the purpose of collation with Scotch law.

The five paragraphs forming the first fragment in this appendix immediately follow the Cases of Heresy. They may well (if genuine) have been intended for insertion in the third part of the Preparation.

Some copies incorporate with this text what others make part of a synopsis - comprehending what has already been printed at p. 754., and other matter quite beside any of the subjects of this collection. As I think this must be the true origin of the paragraphs in question, I have printed them in this form.

The Answers to the Questions of Sir A. Hay, follow: and then the other matter lastly here printed.

On this last portion Archbishop Sancroft notes, “ Written, some say, by Sir John Doderidge.” On referring to Doderidge's History of the Principality of Wales (which, though the earliest printed edition in the Brit. Mus. is of 1631, appears to have been written when Lord Buckhurst was Treasurer, and Lord Zouch President of the Welsh Council, and was therefore probably accessible to Bacon and others in 1608), I find that the greater part of the matter is to be found there with such differences as to make it specially applicable to Wales. Bacon, or whoever the compiler may be, must have thought it a handy summary, and so have adopted and adapted it. I think it probable the greater part of the collection might in like manner be traced to other hands, Lambard, &c., if it were worth while to make the search.


The king's prerogative in parliament. 1. The king hath an absolute negative voice to all bills that pass the parliament, so as without his royal assent they have a mere nullity, and not so much as authoritas prescripta, as senatus consulta had notwithstanding the intercession of tribunes.

2. The king may summon parliaments, dissolve them, adjourn and prorogue them at his pleasure.

3. The king may add voices in parliament at his pleasure, for he may give privileges to borough towns, and call and create barons at his pleasure.

4. No man can sit in parliament unless he take the oath of allegiance. The king's prerogative in war and peace.

. 1. The king hath power to declare and proclaim war, and make and conclude peace.

2. The king hath power to make leagues and confederacies with foreign estates, more or less strait, and to revoke and disannul them at his pleasure.

3. The king hath power to command the bodies of his subjects for service of his wars, and to muster, train, and levy men, and to transport them by sea or land at his pleasure.

4. The king hath power in time of war to execute martial law, and to appoint all officers of war at his pleasure.

5. The king hath power to grant his letters of mart and reprisal for remedy to his subjects upon foreign wrongs.

6. The king may give knighthood, and thereby enable any subject to perform knight's service.

The king's prerogative in matter of money. 1. The king may alter his standard in baseness or fineness. 2. The king may alter his stamp in the form of it.

3, The king may at his pleasure alter the valuations, and raise and fall moneys.

4. The king may by proclamation make money of his own current or not.

5. The king may take or refuse the subjects' bullion or coin for more or less money.

6. The king by proclamation may make foreign money current, or not.

The king's prerogative in matters of trade and traffic. 1. The king may constrain the person of any of his subjects not to go out of the realm.

2. The king may restrain any of his subjects to go out of the realm in any special part foreign.

3. The king may forbid the exportation of any commodities out of the realm.

4. The king may forbid the importation of any cominodities into the realm.

5. The king may set a reasonable impost upon any foreign wares that come into the realm, and so of native wares that go out of the realm.

The king's prerogative in the persons of his subjects. 1. The king may create any corporation or body politic, and enable them to purchase, to grant, to sue, and be sued; and with such restrictions and limitations as he pleases.

2. The king may denizen and enable any foreigner for him and his descendants after the charter; though he cannot naturalize, nor enable him to make pedigree from ancestors paramount.

3. The king may enable any attainted person by his charter of pardon, and purge the blood for time to come, though he cannot restore the blood for the time past.

4. The king may enable any dead persons in the law, as men professed in religion, to take and purchase to the king's benefit.

power of

A twofold (1. Direction

In this respect the king is underneath the

law, because his acts are guided thereby. the law 2. Correction { In this respect the king is above the law, for

it may not correct him for any offence. A twofold

1. His absolute power, whereby he may levy forces against

power in
the king

2. His limited power, which is declared and expressed in the

laws, what he may do.

any nation.

Of the jurisdiction of Justices itinerant in the principality of

Wales. 1. They have power to hear and determine all criminal causes, which are called, in the laws of England, pleas of the crown; and herein they have the same jurisdiction that the justices have in the court of the king's bench.

2. They have power to hear and determine all civil causes, which in the laws of England are called common pleas, and to take knowledge of all fines levied of lands or hereditaments, without suing any dedimus potestatem ; and herein they have the same jurisdiction that the justices of the common pleas do execute at Westminster.

3. They have power also to hear and determine all assizes upon disseisin of lands or hereditaments, wherein they equal the jurisdiction of the justices of assize.

4. Justices of oyer and terminer therein may hear all notable violences and outrages perpetrated within their several precincts in the said principality of Wales.

The prothonotary's office is to draw all pleadings, and to enter and ingross all records and judgments in civil causes.

The clerk of the crown his office is to draw and ingross all proceedings, arraignments, and judgments in criminal causes.

The marshal's office is to attend the persons of the judges at their coming, sitting, and going from their sessions or court.

The crier is tanquam publicus præco, to call for such persons whose appearances are necessary, and to impose silence to the people.

These offices are in the king's gilt.

These offices are in the juges' disposition.

The office of justice of peace. There is a commission under the great seal of England to certain gentlemen, giving them power to preserve the peace, and to resist and punish all turbulent persons, whose misdemeanors may tend to the disquiet of the people; and these be called justices of the peace, and every of them may well and truly be called Eirenarcha.

The chief of them is called Custos rotulorum, in whose custody all the records of their proceedings are resident.

Others there are of that number called justices of peace and quorum, because in their commission they have power to sit and determine causes concerning breach of peace and misbehaviour; the words of their commission are conceived thus, Quorum, such and such, unum vel duos, ete. esse volumus ; and without some one or more of the quorum, no sessions can be holden ; and for the avoiding of a superfluous number of such justices, (for through the ambition of many it is counted a Justices of credit to be burthened with that authority,) the statute of 38 pointed by H. VIII. hath expressly prohibited that there shall be but keeper. eight justices of the peace in every county. These justices hold their sessions quarterly.

In every shire where the commission of the peace is established, there is a clerk of the peace for the entering and ingrossing of all proceedings before the said justices. And this officer is appointed by the custos rotulorum.

The office of sheriffs.
Every shire hath a sheriff, which word, being of the Saxon
English, is as much as to say shire-reeve, or minister of the
county: his function or office is two-fold, namely,

1. Ministerial.
2. Judicial.

1. He is the minister and executioner of all the process and precepts of the courts of law, and therefore ought to make return and certificate.

2. The sheriff hath authority to hold two several courts of distinct natures: 1. The turn, because he keepeth his turn and circuit about the shire, and holdeth the same court in several places, wherein he doth inquire of all offences perpetrated against the common law, and not forbidden by any statute or act of

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