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<DATE>2014-06-10</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140416.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B25629">
<STC T="W">L323</STC>
<STC T="G">599.i.24[17]</STC>
<STC T="C">R16729</STC>
<BIBNO T="umi">99882993</BIBNO>
<VID>204069</VID>
</IDG><!-- alt.stc G599.i.24[17] --><!-- alt.stc Cr16729 -->
<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1">
<PB N="1" REF="1" MS="y">
<HEAD>A Land-Mark for all true <HI>Engli&s;h Loyal Subjects,</HI> Or an <HI>Engli&s;h mans Guide</HI> to divert him in the&s;e dark times out of Trea&s;onable Ways.</HEAD>
<P>IN regard by the Devili&s;h Craft of the Je&s;uitical Party they have and can at their plea&s;ure, with well-hired and in&s;tructed Evidence make what they plea&s;e Trea&s;on, or at lea&s;t by their Glo&s;&s;es put up|on Facts, ca&s;t &s;uch a Mi&s;t before Mens Eyes and under&s;tand|ings, that it &s;hall &s;eem to be &s;o, when it's nothing le&s;s. Therefore it's more then high time to undeceive all true and loyal Prote&s;tants by giving them a true Epitomy of Trea&s;on, which they may with cheap|ne&s;s purcha&s;e, without trouble carry about them, readily under&s;tand, and ea&s;ily remember; &s;o as it may be u&s;eful to them upon all occa&s;ions relating to that Subject: and to that end, was this following Epitomy or Ab&s;tract made and taken out of Authentique Authors, and of the Laws now in force, which declare what High-Trea&s;on is.</P>
<P>In that excellent Book, Stiled <HI>The Pleas of the Crown,</HI> Licen&s;ed in <HI>November</HI> 1677. by the late Lord-Chief-Ju&s;tice, Sir <HI>Richard Rainsford,</HI> but written by that Steady, Judicious and Learned Lord-Chief-Ju&s;tice, Sir <HI>Matthew Hale,</HI> under the Title of High-Trea&s;on; He &s;aith it's di&s;tingui&s;hed into four kinds as,</P>
<LIST>
<ITEM>1. That which concerns the King, his Wife, or Children.</ITEM>
<ITEM>2. That which concerns his Office in the Admini&s;tration of Ju&s;tice.</ITEM>
<ITEM>3. That which concerns his Seal. and,</ITEM>
<ITEM>4. That which concerns his Coyn.</ITEM>
</LIST>
<P>Of which the fir&s;t is that only concerned to be &s;poken to. in Reference to the Subject matter hereby intended to be Treated on, and as to that, the mo&s;t pertinent Matters that Author further mentions, in Relation, or applicable hereunto are,</P>
<P>That the Compa&s;&s;ing and imagining the Death of the King, Queen, or Prince, and declaring the &s;ame by &s;ome open Deed, is High-Trea&s;on.</P>
<P>Declaring by an open Act, a De&s;ign to Depo&s;e or impri&s;on the King is an Overt Act, to manife&s;t the compa&s;&s;ing of his Death; grounded up|on the Opinion of that famous Author, &s;ometime Lord-Chief-Ju&s;tice <HI>Coke</HI> in his <HI>3d In&s;titutes,</HI> p. 6. 12. and 38.</P>
<P>The Queen mu&s;t be the Kings Wife, not Queen <HI>Dowager,</HI> (and the Fact not by way of Legal Charge again&s;t her) the Prince mu&s;t be he that is actually &s;o, and not the Collateral Heir, as was adjudged in the Ca&s;es of <HI>Roger Mortimer,</HI> 11. <HI>Rich.</HI> 2. and the Duke of <HI>York</HI> 39. <HI>H.</HI> 6.</P>
<P>An Overt Act mu&s;t be alledged in every Indictment for Trea&s;on, and proved as in the &s;ame In&s;titutes and the &s;ame 12 page.</P>
<P>Compa&s;&s;ing by bare words was not an Overt Act, but &s;et down in writing was heretofore, as appears by the Statutes 1 <HI>Eliz.</HI> cap. 6. and 13. <HI>Eliz.</HI> cap. 1. but how far it is now will more fully appear to the ju|dicious Reader by the following Ab&s;tract of the Statute of the 13 of his now Maje&s;ty, <HI>c.</HI> 1. Con&s;piring the Death of the King and providing Weapons to effect it, or &s;ending Letters to &s;econd it; A&s;&s;embling Peo|ple to take the King into their power, writing Letters to a Forraign King to invade, are Overt Acts, but to con&s;pire to levy War is no Overt Act, unle&s;s levied as in the &s;ame In&s;titutes <HI>pag.</HI> 14. Nor is it Trea&s;on unle&s;s a War <HI>de facto,</HI> as in the following Ab&s;tract of the &s;ame Stature of the 13th of his now Maje&s;ty <HI>cap.</HI> 1. fully appears.</P>
<P>And tho&s;e the &s;aid Author of the &s;aid Book called <HI>The Pleas of the Crown,</HI> &s;aith in Fol. 16. It mu&s;t be made appear by manife&s;t proof, and not by Conjectures, and &s;aith, that the&s;e were Trea&s;ons by 25. <HI>Ed.</HI> 3. and that all other Acts of Parliament that declared any Fact to the Trea|&s;on, between that and 1. <HI>Ma.</HI> were abbrogated and reduced to the Stan|dard of the &s;aid 25. <HI>Ed.</HI> 3.</P>
<P>But &s;ince that, as the &s;ame Author &s;aith, divers other Acts of Parlia|ment have been made, by which &s;everal other Facts are made High-Trea&s;on, as the refu&s;ing the Oath of Supremacy upon a &s;econd Tender, This is Trea&s;on, but without Corruption of Bloud &s;o made by 5 <HI>El. ca.</HI> 1.</P>
<P>The extolling the Power of the Bi&s;hop of <HI>Rome</HI> a Premunire; But bringing in Bulls, or putting them in Execution, or reconciling them|&s;elves or others to the See of <HI>Rome</HI> (that is for a Prote&s;tant to turn Papi&s;t) is made Trea&s;on by the &s;aid 5 <HI>El. ca.</HI> 1.</P>
<PB N="2" REF="2">
<P>The bringing in <HI>Agnus Dei</HI>'s is a Premunire; But the ab&s;olving the Kings Subjects from Obedience to him, or reconciling them to the O|bedience of <HI>Rome</HI> is made Trea&s;on by 27 <HI>Eli&s;. cap.</HI> 1.</P>
<P>The coming of a Popi&s;h Prie&s;t into <HI>England,</HI> and not &s;ubmitting him|&s;elf in two days, is al&s;o; made Trea&s;on, by 27 <HI>Eliz. ca.</HI> 2.</P>
<P>The remaining of any <HI>Engli&s;h</HI> Man, in any Popi&s;h Seminary, above &s;ix Months, after Proclamation for his Return, &s;hall not &s;ubmit him&s;elf to the Bi&s;hop, and take the Oath of Supremacy, and &s;hall after, and otherwi&s;e return, is al&s;o made Trea&s;on, by the la&s;t mentioned Act.</P>
<P>But by the &s;ad Statute, made in the 13 year of his now Maje&s;ties Reign, <HI>ca.</HI> 1. It is Enacted, That if any one after the 24 of <HI>June</HI> 1661, and during his Maje&s;ties Life, &s;hall within the Realm or without</P>
<P><HI>Compa&s;s, Imagine, Invent, Devi&s;e, or Intend,</HI> Death, or De&s;truction, or Bodily harm, tending to it. Maim or Wounding, Impri&s;onment, or Re&s;traint of his Per&s;on.</P>
<P>Or, to Deprive, or Depo&s;e him from the,</P>
<P><HI>Style, Honour, or Kingly Name,</HI> Of the Imperial Crown of this Realm, <HI>&amp;c.</HI></P>
<P>Or, to levy War again&s;t him,</P>
<P><HI>Within, or Without</HI> The Realm.</P>
<P>Or, to move or &s;tir any</P>
<P><HI>Forreigner, or Stranger,</HI> With Force to invade this Realm, <HI>&amp;c.</HI></P>
<P>And &s;uch Compa&s;&s;ings, <HI>&amp;c.</HI> or any of them &s;hall expre&s;s, utter or declare, by any,</P>
<P><HI>Printing, Writing, Preaching, Malicious, and advi&s;ed Speaking</HI> Being Legally convicted thereof, upon the Oaths of two Lawful and Credible Wit|ne&s;&s;es, or otherwi&s;e attainted by due cour&s;e of Law, &s;hall &s;uffer as Traytors.</P>
<P>But if any one &s;hall within that time, maliciou&s;ly and advi&s;edly,</P>
<P><HI>Publi&s;h, or Affirm</HI> The King to be <HI>An Heretick, or a Papi&s;t, or, that he Endeavors to introduce Popery.</HI></P>
<P>Or, &s;hall Maliciou&s;ly, and advi&s;edly by,</P>
<P><HI>Writing, Printing, Preaching, or other &s;peaking,</HI> utter or declare <HI>Words, Sentences, or other things,</HI> to incite, or &s;tir up the people,</P>
<P>To hatred or di&s;like of</P>
<P><HI>His Maje&s;ties per&s;on or the e&s;tabli&s;hed Government</HI> and being thereof Lawfully Convicted,</P>
<P>Shall be uncapable of bearing Office in Church or State, and lyable to &s;uch fur|ther puni&s;hment, as by the Common or Statute Laws, may be inflicted in &s;uch Ca&s;es.</P>
<P>None to be pre&s;ented for any the &s;aid offences, (not Trea&s;on) unle&s;s by his Maje&s;ties order, under his &s;ign Manual, or order of the Council Table, directed to the Attorny General.</P>
<P>None by Vertue of that Act, to incur any the &s;aid Penalties, unle&s;s pro&s;ecuted within 6 Months after the offence, and Indicted within 3 Months after the pro&s;ecu|tion.</P>
<P>None &s;hall be indicted, <HI>&amp;c.</HI> for any the Trea&s;ons or Offences above&s;aid, unle&s;s accu&s;ed by the Depo&s;itions of two lawful and <HI>credible</HI> Witne&s;&s;es upon Oath, Face to Face, unle&s;s the Offender &s;hall willingly enfe&s;s the Offence.</P>
<P>The&s;e la&s;t 3 Paragraphs, are ab&s;tracted out of &s;everal Provi&s;oes, contained in that Act, but as to the &s;econd of them Opinions are various, That is to &s;ay, Whether the times extends to Offences made Trea&s;on as well as others? which cannot &s;a|tisfactorily be determined, but mu&s;t be left to every judicious Reader to give it his own Con&s;truction for the Compo&s;er hereof intended not hereby any other than In|formation of Fact, where there is not a printed Authentick Authority to warrant, and therein, if his Endeavors may be truly Serviceable and Acceptable, its a Re|ward to him.</P>
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<P><HI>London,</HI> Printed for <HI>Francis Smith</HI> at the <HI>Elephant</HI> and <HI>Ca&s;tle</HI> in <HI>Cornhill.</HI> 1681.</P>
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