feloniously that liveth within the Realm or under the protection of the King whether it be openly or privately and whether the party slain be English or alien Lam. 237. Cro. 21. a nu 1. Dal. 241 239. The killing shall have relation to the death and not to the stroke Cook 4. 42. Cro. 2â— a. nu â— Malice is Expressed Cro. 21. a. Dal. 24â— or Implied Lam. 239. Malice is Expressed or Implied Malice expressed is when it is known that there is malice between them Cro. 21. a. and is apparent and where there is a precedent falling out or lying in wait or time and place appointed Dal. 241. Lam. 238. Malice implied is when one is killed suddenly without defence Dal. 241 Cro. 21. a nu 2 As where one killeth another without provocation Lam. 239. Dal. 241. One busied as reading going over a stile c. killed Cro. 27. a. nu 20. Dal. 241. One stabbed not having weapon drawn 1 Jac. c. 8. To kill an officer known in executing process Dal. ibâ—d To kill an unknown officer if he shew his warrant and if an officer hath the Kings writ or lawful warrant though it be erroneâ—us and slain in executing it it is murder â—am 240. Dal. 241. To kill any magistrate or minister of Juâ—â—ice in executing his office or in keeping the â—eace Dal. 242. Cro. 25. b. nu 51. A rioter killeth an officer or an assistant â—oming to suppress a riot it is murder in â—ll the rioters Cro. 23. b. nu 28. Lam. 241. Dal. 242. A Constable parting an affray or any of â—is company coming to aid him although â— was suddenly and in the night Cro. 25. a. â—u 51. Dal. 241. A thief killing a true man in resisting it is â—urder of malice prepensed Lam. 241. Dal. â—41 Cro 22. a. nu 13. 1 A man carried his sick father into the â—rost whereby he died Lam. 240. Dal. 242. 2 An harlot hid her child and covered it with leaves and a Kite struck it and killed â—t Dal. 242. Lam. 240. 3 The owner knoweth his beast to be acâ—ustomed to hurt and doth not tie him up â—nd after the beast killeth a man Lam. 239. Dal. 242. In these three cases voluntas reputabitur profacto for it sheweth that they had a will to hurt and the will doth amount to mulice Dal. ib. and so to murder One having malice against another assaulteth that other and after flyeth to the wall and then killeth that other it is murder for he slew him in the said malice wherein he did assault him Lam. 239. One condemned to die is killed by a private person without warrant or by the Officer contrary to the judgement it is murder Lam. 240. Prisoner killed by his Goaler by over-hard keeping it is murder Lam. 240. One commandeth his servant to beat a man who beateth him so that he dieth thereof it is murder in the commander Dal. 245. murder in both if it be in the commanders presence Lam. 241. Many come to doe an unlawful act and one in doint thereof killeth a man it is murder in all although they did but look on Dal. 245 253. Cro. 22. a. nu 10. 24. b. nu 43. Lam. 241. Stam. 40. If they be not present yet if they be in the same house or upon the same ground it is murder in all Dal. 245. Cro. 25. â— nu 5. Lam. 241. All present and aiding abetting or comforting another to do murder are principals Dal. 245. Lam. 243. Cro. 22. a. nu 15. Two appoint the field and meet and bring company with them and one of them is slain it is murder in all that came with the murderer Dal. 245. Murder is intended to one and he killeth another it is murder Lam. 243. Dal. 244. A. woundeth B. in fight and after they meet suddenly and fight if B. kill A. it is murder for it is intended malice upon the former hurt but if A. kill B. it is but manslaughter for the hurt did appease his former malice Lam. 251 238. Dal 243. Two in suit meet and quarrel and the defendant killeth the plaintiff quaere if it be murder Dal. 244. Two fight upon malice and one of them killeth one that came to part them it is murâ—er in both Dal. 244. Lam. 242. The owner rebuked one stealing his pears â—ho killed the owner it was adjudged murâ—er Dâ—l 245. Lam. 241. Cro. 24. a. nu 34. Porsoning of another wilfully whereby he â—eth is and was murder by the common â—â—w Dal. 244. The party poisoned must die within a year â—nd a day after the receiving of the poison â—al 246. After the beating or hurting another to â—ake murder or other homicide the year â—nd the day is reckoned from the stroke giâ—en Dal. 246. Cro. 23. b. nu 54. An appeal hath relation to the death ibid. A â—oman delivered of a bastard endeavouâ—ing privately either by drowning or by seâ—ret burying to conceal the death thereof as â—hat it may not come to light whether it â—ere born alive or dead but be concealed â—hall suffer death as in case of murder except â—e make proof by one witness that the child â—as born dead 21 Jac. c. 27. Justices of Peace may take Endictmentâ— of â—urder as of murder Lam. 493. A man hath a horâ—e that will strike such as come near him his master knowing it rideth among people the horse killeth a man it is felony in the master Dal. 242. Lam. 239. Cro. 24. b. nu 45. Indictment of murder must expresly have murdravit for ex malitia praecogitata voluntate felonicè interfecit is not sufficient Cro. 101. a. nu 4. Musters Convicted before the Justices of Peace â—â— offence against the Statute of musters shalâ— be imprisoned 10 daies without bail unless â—e pay the forfeiture being 40 s. which is see absence without reasonable excuse or not shewing his best furniture being commanded 4 5 P. M. c. 3. Lam. 349 482. The party that sueth upon the Statute of musters is to recover the forfeiture belonging unto him by action or bill of debt ibid. Lâ—â— 583. Name THE names and surnames of the party indicted must be certainly expressed and if the indictment be of an accessary in felony the name of the principal must be set down also Lam. 488. Vide Additions Nets vide Hunting Partridges and Phesants News Contriver speaker or teller of false or counterfeit news whereof discord c. may arise betwixt the King and his Nobles or any other false news lies or other false things of Prelates Dukes Earls Barons c. whereof discord and slander may arise within the realm shall be imprisoned till he finde out the author and if he cannot find him shall be punished by the advice of the Councel â—st 1. 3 Ed. 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. â— 1 2 P. M. c. 3. Dal. 326. Next Justice Where the Statute of 13 H. 4. c. 7. willeth â—e Just of Peace most nigh in every Counâ—â—
robbery be done therein he must be answerable for it and the Lord of a Park must set it two hundred foot on each side from the way or a sufficient wall dike hedge or pale that the offenders cannot pass Dal. 133. Homicide Homicide is the killing of a man by a man Dal. 234. It is no difference whether the slain be aliâ—n denison or English man if he lives under â—he Kings protection Lam. 237. Crom. 21. a. nu â— Dal. 239. To kill one attainted of treason or of felony â—r outlawed for felony or attainted in Preâ—unire is felony Dal. 239. Cro. 24. a. nu 39. â—tamford 13. quaere Homicide is either killing himselfe felo de â—e or another Felo de se forfeiteth to the King his goods â—nd chattels real and personal and his debts â—ue by speciality Dalt 240. but no lands nor â—loud corrupted ibid. His goods are not forfeited till his death â—bid Infant or non compos-mentis do not forfeit â—ut a lunatick killing himselfe out of his â—unacy doth forfeit his goods Dal. 240. Homicide of another is Voluntary Involuntary Voluntary is Murder vide Murder Manslaughter Manslaughter is when two fight together â—pon the sudden without malice precedent â—nd one of them doth kill the other Cro. 26 â— Lam. 248. Dal. 247. Manslaughter is By chance medly Se defendendo person house and goods Manslaughter by chance-medly is felony but may have his clergy Dal. 247. One fighting breaks his weapon a stander by lends him another whereby the other is killed it is manslaughter in the lender Dal. ibid. Cro. 26. b. nu 12. Lam. 252. Two fighting on the sudden part and meet again one killeth the other it is a continued fray Dal. ibid. Lam. 250. Crom. 23. b. nu 31. 24. a. nu 36. 26 a. nu 9. The servant fighting in his masters defence though there were malice in the master not told to the servant Lam. 248. so a stranger suddenly taking part Lam. 248. it is chance-medly Two that were in malice are reconciled fall out upon a new occasion and one is killed it is manslaughter only Lam. 250. Dal. 248. Se defendendo when one killeth another in the necessary defence of himselfe or his thereby to save himselfe or his possessions or goods or some other persons which he is bound to defend from peril and it is either against a felon as murderer or thief or a loial subject Lam. 252. Dal. 253. Against a loial subject if he be assailed by another man he must flie so much as he may till he be letted by some wall ditch hedge prease of people or other impediment that his necessity of defence may seem inevitable and he shall be committed till the time of his triall lose his goods and seek his pardon Lam. 253. Dal. 254. It is not material though he strike again if before he give any deadly wound he flie to the streight A man flieth to a wall and holding out his weapon the other runneth upon it and is slain it is se defendendo and forfeiteth his goods Dal. 274. Cro. 28. a nu 7. But if he had fallen on the ground drawn his knife and the other fall on it and killeth himselfe he forfeiteth no goods for he could not flie and the slain is in a sort felo de se ibid. P. R. 122. b. â—tam 1â— a. Neither is it material though there were former malice unless he lie in wait for the oâ—her or agree for the place of fight or strike â—he first stroke Lamb. 253. Dal. 254. Or assaulted in his own house upon a sudâ—en quarrel and thereby killeth him La. 254. â—ut he forfeiteth his goods and must have his â—ardon of course except the assailant came with a felonious intent to kill or rob him Dal. 254. Cro. 28. a nu 6. Lam. 254. A man falleth to the ground there his flyâ—ng to a streight is not necessary Dal. 255. An officer or minister of justice in execuâ—ing his office being assaulted is not bound to â—â—ie Dal. 255. Coke 9 98. A servant killing him who robbed or killed his master so it be done presently or in defence of his masters person or goods if it cannot otherwise be avoided Dal. ibid. Cro. 28. nu 4. Forester Parker or Warrener or any in their company killing an offender in a Forest Park or Warren after hue and cry to keep the P. if they yield not themselves but flie or defend themselves by violence is no felony Dal. 255. Quaere if there be no malice in the keeper Cro. 30. b. In defence of my house goods it is justifiable by me my servants or company to kill one who attempteth feloniously to murder or rob me in my dwelling-house or in or near a high-way horse-way or foot-way or burglarily to break my house in the night Dal. 254. Crom. 27. b. nu 1. Vide Lam. 240. of one entring by force in the day and killing in the dark To shoot at him that cometh to burn my house is justifiable in me or my servants Dal. ibid. Cro. ibid. In defence of the possession of my goods I may justifie to beat him that wrongfully taketh them but not kill him except he be a thief Dal. 255. Vide Assault To kill a true man in defence of house land or goods is manslaughter Dal. ibid. Cro. 27. b. nu 4. Involuntary homicide is by Mis-adventure necessity By misadventure is when a man doing a lawful act without any evil intent killeth a man this is not felony of death but he shall have his pardon of course for life and lands but forfeiteth his goods Dalt 249. Lamb. 254. A schoolmaster father mother or master correcting moderately his scholar child or servant Shooting at pricks buts or lawful mark A workman casting tyle timber or stone from a house or any thing from a cart and giving warning or doing other lawful thing and giving warning Running at Tilt or fighting at Barriers by the Kings command The killing of a man in doing of an unlawful act without evil intent is felony as shooting arrows casting stones into high-waies or other place whither men usually resort Dal. 250. Fighting at Barriers or running at Tilt without the Kings command Quaere if playing at hand-sword bucklers foot-ball wrestling and such like whereby a man is slain or receiveth hurt dieth within the year and day be felony of death or may have their pardon of course quaere similiter of â—asting a stone at bird or beast A man may be slain by the fall of a house or tree c. and killed by a bull bear horse dogge c. or by some fall which he taketh Dal. 251. if it be through the wilful default of â—nother it is felony The thing which causeth the death is a Deoâ—and and so forfeiteth to the King Crom. 31. â— Dal. 251. The forfeiture hath relation from the â—roke given Deodands are not forfeited till the matter â— found on record Dal. 251. The Jury which findeth
56. explaineth the particulars of that stat of 3 Iac. c. 12. Weights and Measures Faults of the officers of Cities and Boroughs in not viewing and examining weights and measures twice a year to be heard and determined by examination and enquiry of two Justices of Peace one being of the Quorum and by them to be fined and amerced and so of faults of buyers and sellers by other weights and measures then they ought to doe 11 H. 7. c. 4. 12 H. 7. c. 5. Lam. 356. Dal. 146. Two Justices of the Peace one of the Quorum may break and burn such measureâ— as they finde defective and fine the offenderâ— by their discretion and make process against them as in trespass 12 H. 7. c. 5. Lam. 356. Dal. 146. 11 H. 7. c. 4. Mayors of Towns taking above a penny for sealing a bushel or other measure or foâ— weights above a penny for an hundred anâ— half-peny for half an hundred a farthing for a less weight lose 40 s. 11 H. 7. c. 4. Lam. 437 Dal. 155. 7 H. 7. c. 3. Buying and selling by unlawful weights or measures or in any City or market with any Weights or measures that are not lawfully marked or signed he loseth for the firsâ— offence 6 shillings 8 pence for the second offence 13 shillings 4 pence and for the third 20 shillings and Pillory 11 H. 7. cap. 4. Lam. 460. To buy corn by heaped measure except on shipboard or to use double measure the one to buy the other to sell with the first offence is 6 shillings 8 pence the second 13 shillings 4 pence the third 20 shillings and Pillory 11 H. 7. c. 4. Lam. 460. 15 R. 2. c. 4. Stat. de Pistoribus c. 8. Those of the Town where the Kings Standard is appointed to remain not having common weights and measures signed or not selling by the same to all that have required the same are to be fined and amerced 11 H. 7. c. 4. Lam. 460. Dal. 155. Vide plus Vessels Witchcraft Invocation Conjuration consultation covenant entertainment imploiment feeding or rewarding any evil spirit taking up of dead bodies or any part thereof to be employed in Witchcraft or Charms or using any manner of Witchcraft whereby any person shall be killed or any part of them wasted or lamed and also the accessaries is felony without Clergy 1 Iac. c. 12. Lam. 415. Dal. 280. By Witchcraft or Charms to finde out hidden treasures to tell where lost goods shall be found to provoke unlawful love to destroy or hurt any mans body or to attempt any of them the first offence is one years imprisonment without bail and to stand in the Pillory six hours every quarter of the same year and confess his offence the second is felony without Clergy 1 Iac. c. 12. Lam. 415. Trial of Noblemen upon the Statute of 2 Iac. c. 12. of Witchcraft is to be by his Peers Lam. 415. Attainder upon the statute 1 Iac. cap. 12. oâ— Witchcraft neither loss of Dower nor corruption of Blood 1 Iac. c. 12. Lam. ibid. Wines Wines brought in strange bottomes from France into any part of England except the I le of Man and Wales forfeit the Wines 27 El. c. 12. Lam. 457. Any licenced to retail wine selling above the prices limited by Proclamation lose 3 s 4 d. for every Gallon 27 El. c. 11. Lam. 458. El. cap. 5. Any under a Barons son or under 100 marks a year or 1000 marks in goods keeping to spend in his house any vessels of Gascoign wine French or Rochel wine above teâ— gallons loseth 10 pounds 7 E. 6. cap. 5. Lam 458. Woad brought from France into any part oâ— England except the I le of Man and Wales in strange bottome forfeiteth the Woad 27 El c. 11. Lam. 457 458. Wood. Upon complaint of the Lord and disagreement of the Lord and his Commoners thâ— fourth part of the Lords wood may be seforth by two Justices appointed by the greatest part of the Justices at their Sessions anâ— not being of kindred or alliance or feâ— to the Lord 35 H. 8. c. 17. 13 El. c. 25. Lam 359. Just in Q. Sessions may call before them the owner of tâ—â—â—od and 12 of the Commoners to set out the fourth part Lam. 609. Ingrosser or regrater of Bark forfeiteth the Bark 1 Iac. 22. Lam. 452. Any selling of Oaks meet to be barked before April or after Iune except for necessary building as repairing of houses ships mils lose the Oak or double value 1 Iac. c. 22. Purveyours taking Timber for the repair of the Kings ships or houses the owner may retain all the Barks lop and top and the Purveyour taking them loseth for every tree 40 shillings to the party grieved 1 Iac. 22. Lam. 438. Wooll and Wooll-seller Buyer of Wooll of any other then the owner of the sheep or tithe lose the value 14 R. 2. c. 4. Lam. 452. Woollen-yarn Buyer of Woollen-yarn and not making it into cloth loseth the value thereof 8 H. 6. 5. Lam. 452. Any sorter carder kember spinster or weaver receiving wooll and yarn of any clotheir or maker of stuff and embezelling selling or detaining the same and the Receiver or buyer knowing thereof upon conviction by confession or oath of one witness before two Justices of Peace is to make such recompence to the party as the Just shall appoint and the offender being unable and refusing to do it is to be whipt or stocked 7 Iac. 7. cap. 7. Women arraigned for felony may only for one time have the benefit of 〈◊〉 â—elly Lam. 563. Just of Peace cannot award a Venire facias tot matronas to know whether a Woman felon be with child Lam. 551. Taking away a woman against her will that hath land c. or is heir apparent not claiming her as ward and after marry or deflour her is felony without Clergy So of the procurers abetters and receivers knowing thereof 3 H. 7. c. 2. Lam. 421. A woman being delivered of a Bastard-child and born alive that endevoureth privately by drowning secret burning or other way by her self or procuring of others to conceal the death thereof as that it may not come to light whether it were born alive or dead shall suffer as in murder except she can prove by one witness that the child was born dead 21 Iac. 27. Women convicted of felonious taking above 12 d. and under 10 s. being not burglary or Robbery in or near any high way nor taking of money goods or chattels from the person of any privily or as accessary to any such offence wherein a man may have his Clergy shall for the first offence be burned in the hand and further imprisoned whipped and stocked or sent to the house of Correction not above a year as the Justices before whom the conviction is shall think meet 21 Iac. 6. Dal. 272 273 Wife and her husband are bound to appear at the Sessions and in the mean time to keep the peace The