Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	daughter_n	king_n	wife_n	4,569	5	6.4342	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29944	A compendious collection of the laws of England, touching matters criminal faithfully collected and methodically digested, not only for the use of sheriffs, justices of the peace, coroners, clerks of the peace, and others within that verge, but of all the people in general, by J.B. Esq.; Laws, etc.	England and Wales.; Brydall, John, b. 1635?	1676 (1676)	Wing B5257; ESTC R36068	85,587	180

this offence called Mayhem 53 Offences An offence or delict what 1 How many ways offences are committed Ib. What offences despoil Men of their property 54 Offences that injure Mans Body or members 50 Offences relating to life 2 Petit Treason What it is 3 How many ways it happens 3 4 What may be said Petit Treason in a Servant 4 Execution of a Servants Act hath a retrospection to the Original cause Ib. What may be said Petit Treason in a Wife 5 Parricide whether Petit Treason or not 6 7 Poyson How many ways a Man may be poysoned 35 36 Piracy The Etymology of the word Pirat 70 71 Piracy where antiently Treason where not Ibid. It alters not property unless it be in Market overt Ib. Where there shall be no corruption of blood in case of Piracy 71 72 Where a Pardon of all felonies shall not extend to Piracy Ib. Punishment It s definition 113 The true end thereof 114 It s several sorts in our Law in the Jewish and Romane Laws 114 115 116 117 Circumstances observable relating to punishments 120 Principals In Treason all are principals 123 Rules touching principals Ib. Where a Man may be principal though he be not present at the Act. Ib. Where a Man may be principal as well before as after though he be absent at the doing of the fact 124 Where the being present and abetting an offence makes all principals though the offence be personal Ibid. Where the Attainder of an Accessary depends upon the Attainder of the principal 128 Pain Fort Dure In what cases a Man that stands mute shall have Judgement of Pain Fort and Dure and in what not 150 Where the Judgement of Pain Fort and Dure shall be no Plea to a former felony 146 Pardon The Description and Etymology of it 158 15● How many sorts of Pardons there be Ib. Where a Writ of Allowance is necessary to a Pardon and where not Ib. 160 Rape c. 83,84 Riots The Description of a Riots and its derivation 101 Stat. touching Riots Ibid. What number of Persons may commit a Riot a Rout ad unlawful Assembly 103 Robbery It s definition 60 The Difference betwixt a Robber and a Cut-purse 63 What shall be a taking in case of Robbery and what shall be said a taking from his Person 63 64 65 The Thieves reception only may make a Robbery 64 Routs The description of a Rout. 98 The difference between a Levying of War and committing a great Rout c. 100 101 Rumours The punishment before the Conquest and what since of those that are authors of false Rumours 110 They were heretofore very dangerous to our Kingdom Ib. Se Defendendo What Homicide se defendendo is 44 Where a Man ought to give back to prevent Homicide where not 45 46 Sacrilege 68 69 70 Striking in the Kings Court. A diversity betwixt a stroke in or before the Courts of Justice and the Kings Courts where His Royal Person resideth 99 Where to strike in Westminst Hall or the Kings Palace is a great Misprision the punishment of it 97 98 Theft The Etymology of the word Furtum 55 Its Definition Ib. Forbidden by the Law of Nature Ib. The several sorts of Theft Ib. Treason It s derivation and how divided 3 Violation of Royal Majesty a most abominable thing 75 76 To compasse or imagine the death of the King High Treason 76 What are sufficient overt Acts to prove the imagination of the Kings death Ib. 77 In every rebellion by Interpretation of Law there is a machination against the Life of the King 77 A diversity betwixt Treason and Felony 78 Where words or Writing are sufficient overt Acts of Compassing the Kings death Ibid. Where words may make a Heretique but not a Traytor 80 No words are Treason unless made so by some particular Statute Ib. No Treason at this day but what is made by the Stat. of 25 E. 3. Where to set a figure to know how long the King shall live or Reign is no Treason Ib. Where to practise to depose the King to imprison him or to take him into their power shall be Treason 76 77 The compassing or imagining the death of the Queen or Prince is High Treason 81 Where slaying the Chancellor c. shall be High Treason Ib. Carnal knowledge of the Kings Consort the Kings Eldest Sons Wife or of the Kings Eldest Daughter Treason Ib. What shall be said Levying of War to make it Treason 82 83 To go in Warlike manner with a multitude to assault a Privy Councellor at his House is Treason Ibid. The breaking of a Prison wherein Traitors be in Durance and causing them to escape is High Treason though the Parties did not know there were any Traitors there Ib. There must be Levying of War de facto to make it Treason Ib. What shall be said an adhering to the Kings Enemies to make a Treas within the Stat. of 25. E. 3. 83 84 Where a conspiracy with a Foreign Prince shall be Treason and where not 84 85 The aiding and succouring a Rebel beyond Seas is no Treason Ibid. Who shall be said Enemies and who Traitors Ibid. To counterfeit the Great-Seal or Mony is Treason Ib. Forging the Kings Coyn without uttering it is High Treason 85 86 Bringing into the Realm counterfeit Coyn High Treason 87 By the Antient Law a Mad-Man might be guilty of High Treason 88 Where a Non compos mentis cannot be guilty of High Treason at this day Ib. What Aliens may commit Treason Ib. Where the killing of an Embassador was adjudged High Treason 89 An Embassador shall loose the Priviledges of an Embassador for committing High Treason Ib. A Foreign Prince by residing here may commit Treason 90 91 The Judgement in Treason for Counterfeiting Mony 86 Verdict The signification and derivation of the word 133 Several kinds of Verdicts Ibid. Lib. 3. c. 4. nu 3. de corena Mirror c. 1. Sect. 9. Co. 3. Jnst f. 54. 1 Petit Treason Co. 3. Inst f. 4. 20. 12 Ass pl. 30. 19 H. 6. 47. Plowdens Com. 86. b. Crompt 20. Crompt 20. Co. lib. 1. Shellies case 99 b. 10. H. 6. 47. Plowdens Com. 260. Co. 3. Inst f. 20. Moores Reports nu 227. f 91. Cromp. 20. Plowd Com. f 474. Co 3 Just f 20 The Womans Lawyer lib. 3. sect 44. Crompt ' 21. Dalisons Rep. 1. Mar. 1. Murder Co Litt 287 bpunc Stamfords Plees of Crown Lib 1punc Quaere 1 Resp D 47 253N Qu 2 44 E 3 44 3 E 3 Cor 286 Co 3 Inst f. 54 Qu 3 Resp Plowd fol 360 b. Co Lit f 114 ab l 5 f 109. Qu 4. Hill 37 Eliz in the Kings-Bench by the whole Court in the Case of one Laughton of Cheshire Qu 5 Resp 8 E 4 4 7 E 4 7 a Plowd Com 259 b Qu 6 Resp Dyer 262 a Lib 3 c 15 nu 1 de Corona Britton c 6 Lib 1 c 30 14 E 3 c 4 Qu 1 Sol Co

Wife for that she intended Murther thereby so if the Wife poysoneth an Apple or other thing and delivereth it to B. knowing of the poyson to give to C. and B. giveth it to the Husband without the assent of the Wife who eateth thereof in the Wives absence and he dyeth thereof this is petit Treason in the Wife But if the Wife poysoneth a thing to the intent to poyson her Husband therewith the Husband eateth of it and becometh very sick but recovereth after a stranger eateth thereof and dyeth thereof this is onely murther in the Wife If the Wife and Servant conspire the Husbands death he is killed by the Servant in the absence of the Wife this is petit Treason in them both and the Wife shall be burnt But if it had been a stranger it had been murder in him onely and petit Treason in the Wife Baron and Feme out of affection were resolved to go out of the World together The Wife buyes poyson both take it the Husband dyed It is a quaere in the Book whether this were murther in the Wife A Woman compasseth with her Avowterer the death of her Husband they assailed him Riding on the Highway beating wounding leaving him for dead and then they fled The Husband got up levied Hue and cry came before the Justices they sent after the Offenders which were gotten arraigned and the matter found by the Verdict the Adulterer was hanged the Woman burned to death the Husband living This Judgement was given when voluntas reputabatur pro facto Sic Metellus Celer Sergium damnavit non facturm sed animus in questionem deductus est Plusque voluisse peccare nocuit quam non peccasse profuit But at this day in case of Felony Non debet obesse Conatus ubi injuria nullum habet effectum 3. When a Secular or Religious man slayeth his Prelate Ordinary or Superiour to whom he oweth Faith and Obedience Note that unto the Bishop of every Diocess the Clerks within their Diocess do owe Faith and Obedience which is called Canonical Obedience Note likewise that whatsoever Act will prove murder between strangers the same will make petit Treason from the Servant to his Master from the Wife to the Husband from the Clerk to his Prelate or Ordinary Mutatis Mutandis But whether from a Child to the Father or Mother c. may be a Quaere for some hold that it is petit Treason and others that it is not If the Child maliciously killeth the Father or Mother this sayes one is petit Treason although the Father or Mother at the same time gave neither meat drink or Apparel nor wages to such Child in respect of the duty of nature violated vide 21. E. 3. 17 Book Treason 6. A Bastard killeth his Mother this seemeth petit Treason for the Mother is certainly known The Son or Daughter in Law killeth the Father or Mother in Law with whom they dwell and do service and have meat and drink it is petit Treason although such Child take no wages but the Indictment shall be by the name of Servant But my L. Coke says thus If the Child commit Parricide in killing his Father and Mother of which Solon interrogatus cur nullus parricidio supplicium indixisset Se id neminem facturum putasse respondit The Law-makers never imagined any child would do this case is out of the Stat. of 25. E. 3 c. 2. unless the child served the Father or Mother for wages or meat drink or apparel for that it is none of those three kinds specified in the Law aforesaid And yet sayes he the offence is far more heinous and impious in a child than in a servant for peccata contra naturam sunt gravissima but the Judges are restrained by the said Act to interpret it a simili or a Minore ad Majus The hainousness of this Parricide appears by that punishment which is ordained in the civil Law for those that are guilty of the Crime Paena parricidij more Majorum haec instituta est ut parricida virgis sanguineis verberatus deinde culleo insuatut cum Cane gallo gallinaceo vipera simia deinde in mare profundum Culleus jactetur D. 48. 9 9. Thus much of petit Treason Murder cometh of the Saxon word Mordrue or Mordren and Mordridus is the Murderer even untill this day amongst them in Saxony from whence we have most of our words or it may be derived of Mort and Dire as Mors Dira a Cruel or Horrible death This Murther in our Law is Two-fold either of himself or of another 1. Of Murdering a mans self called Felo de se Felo de se sayes Coke is a man or woman which being Compos mentis of sound memory and of the Age of Discretion killeth himself which being lawfully found by the Oath of Twelve men all the Goods and Chattels of the party so offending are forfeited And the Reason why Felo de se doth forfeit all his Goods and Chattels is because it is an offence against the King who by that perpetration is deprived of a Subject And indeed no man by the Law of nature hath such power over his own life as to take it away or to oblige it by any Contract or Bargain vide Grot. Lib. 2. c. 21. nu 11. Lib. 3. c. 11. nu 18. Having shewed the Description of Felo de se and the Reason of forfeiting his Chattels I propose these Queries with their Resolutions Whether a person that is non compos mentis giving himself a mortal wound and after recovering his memory before death ensues be Felo de se If one during the time that he is non compos mentis giveth himself a mortal wound whereof he when he hath recovered his memory dyeth he is not Felo de se And the Reason is because the stroke which was the cause of his death was given when he was not Compos mentis Et actus non facit Reum nisi meus sit rea And this is agreeable to the civil Law Maleficia voluntas propositum distinguit voluntas propositum maleficium delinquentis distinguit Delictam cessat ubi delinquendi animus non est Whether a man can be said to be Felo de se upon an involuntary Act A man may be so Resp As if A. give B. such a stroke as he felleth him to the ground B. draweth his knife and holds it up for his own defence A. in hast meaning to fall upon B. to kill him falleth upon the knife of B. whereby he is wounded to death he is Felo de se For B. did nothing but that which was lawful in his own defence Et vim vi defendere sayes the civil Law omnes leges omnisque jure permittunt D. 9. 2 45 4. Whether the goods of Felo de se be forfeited before it be found of Record that he is Felo de se

he beak Tallons and train And the virgin had in recompense all his Land and money by the Kings Warrant This was in the King Athestans dayes But in Bractons time it seemeth that these kind of Ravishers were otherwise punished they lost their eyes and privy members Co. Litt. 123. b. 29. H. 6. Tit. Coron 17 Bracton lib. 3. f. 147. The Civil Law Punitur Lege Julia de vi publica qui puerum vel foeminam vel quemquam per vim stupraverit Hitheto of the offences that touch the body and members viz. Battery Mayhem and Rape 3. Of those Offences that dispoil men of their property Those Crimes or pleas of the Crown that deprive others of their property are two § Furtum or Theft and Burning of Houses 1. Of Theft In Theft are to be considered 3. things the Etymology of the word Furtum the definition and its several kinds Furtum a furvo id est nigro dictum Labeo ait quod clam obscuro fiat plerumque nocte vel a frraude ut Sabinus ait vel a ferendo auferendo vel a Groeco sermone qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellant fures Imo Groeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est a ferendo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixerunt Bracton thus defines it Furtum est secundum Leges contrectatio rei alienoe fraudulenta cum animo furandi invito illo Domino cujus res illa fuerit Lib 3. f. 150. The Civilians thus Furtum est contrectatio fraudulosa lucri faciendi gratia vel ipsius rei vel etiam usus ejus possessionisve quod lege naturali prohitum est admittere That Theft is forbidden by the Law of nature is manifest by these Authors 1. Cicero In vita sibi quemque petere quod pertineat ad usum non iniquum est alteri surripere jus non est Theft generally taken doth comprehend Larceny Robbery Burglary and Pyracy of these in order 1. Of Larceny Larceny by the Common Law is the felonious and fraudulent taking and carrying away by any man or woman of the meer personal goods of another neither from the person not by night in the house of the owner This Larceny is twofold the one so called Simply and the other Petit or Little Larceny The first is where the thing stollen exceeds the value of 12. pence and that is felony The other which is called little or petit Larceny is where the thing stollen doth not exceed the value of 12. pence and that is not felony From the Description and Division of Larceny I proceed to propose these following Queries with Resolutions on them Whether Larceny can be committed where there is a Bailement or Delivery by the owner of the thing Larceny is perpetrated by an actual taking for an Indictment Quod felonice abduxit is not good because it wanteth coepit By taking and not Bailement or delivery for that is a Receipt and not a taking and therewith agreeth Glanvil Furtum non est ubi initinm habet detentionis per dominum rei But this Rule of Glanvil has its exceptions as appears by these Cases in our Law If a Carryer hath a bale or pack of Merchandise delivered unto him to carry it to an appointed place and after he take the whole pack animo furandi this is Larceny for the delivery had taken his effect and the privity of the Bailement is determined so if he open the pack and take any thing out animo furandi 't is Larceny If a Taverner set a piece of plate before a man to drink in it and he carry it away this is Larceny for it is no Bailement but a special use to a special purpose To conclude our Law does make a distinction between a Possession and a Charge for when I deliver goods to a man he hath the possession of the goods and may have an Action of Trespass or an Appeal if they be taken or stoln out of his possession But my Butler or Cook that in my house hath charge of my vessel or plate hath no possession of them nor shall have an Action of Trespass or an Appeal as the Baily shall and therefore if they steal the plate or vessel it is Larceny And so it is of a shepheard for things be in onere non in possessione Promi Coci Pastoris c. Whether of goods found and converted animo furandi Larceny can be committed If one loose his goods and another find them though he convert them animo furandi to his own use yet it is not Larceny for the first taking is lawful So if one find Treasure Trove Waif or Stray and convert them cum affectu furandi it is no Larceny both in respect of the finding and also for that Dominus rerum non apparet And non esse non apparere tantundem valent quoad eum cui non apparet Whether an Infant that is under the age of discretion can commit Larceny An Infant until he be of the age of 14 which in Law is accounted the age of disscretion cannot commit Larceny or other felony for the principal end of punishment is that others by his example may fear to offend But such punishment can be no example to Infants that are not of the age of discretion But it appears by Lambard f. 2. nu 7. that the Law was heretofore thus Infans decem annorum furti reus censeatnr But having given you a determination according to our Law I will mention the Law of the Romans and Greeks 1. The Civil Law Quaesitum est an Impubes rem alienam amovendo furtum faciat Et placuit quia furtum ex affectu furandi consistit ita demum obligari eo crimine impuberem si proximus pubertati sit ob id intelligat se delinquere Impuberem furtum facere posse nisi jam dolis capax sit Julianus lib. 22. Digest scripsit for Aetatis habetur ratio in delictis 2. The Law of the Greeks Aelian lib. 5. cap 16. Varr. Hist hath this story When a certain Boy who had stoln away a golden plate that fell from Diana's Crown was brought in Judgment before the Areopagitae Those Judges caused Cocke-Hall Bones Rattles and the golden plate to be laid before the Child in whom perceiving an inclination again to the golden plate rather then to the Rattles and other things more suitable to his childhood without pitty to his Infancy they condemned him to death as a Sacrileger thinking it fit to crop that sin and wickedness which they discerned to be in him being yet but in the blade and herbe Whether a Feme Covert can be guilty of Larceny If a man and his wife commit Larceny joyntly the feme can neither be principal nor accessary but it shall be wholly adjudged the husbands fact because the Law intends her to have no

murder by Appeal or otherwise shall be out of the County where it is perpetrated And for this cause it was doubted at the Common Law where a stroak were given in one County and death ensued in another how it should be tryed And to avoid this doubt the Stat. of 2. E. 6. was made But it alwaies was clear that a fact in one County ought not to be tryed in another Note the Stat. of 26. H. 8. c. 6. allows that Indictments may be in County's next adjoyning but there is not any mention of Appeals and for this reason Certioraries have been granted to remove Indictments out of the Grand Sessions in Wales 2. Of wrong to the Husband and is by the Wife only of the death of her Husband to be prosecuted Touching this kind of Appeal I propose these Q●eries with Resolutions on them Qu. 1. Whether a Wife de facto shall have an Appeal Resp Some do hold and so do I that a Wife de facto shall have an Appeal of the death of her Husband but only she that is Wife de ●ure in f●vorem vitae and that there ne unques ●ccouple en loyal Matrimony shall be taken de jure strictly Qu. 2. Whether the Wife can have an Appeal although she cannot have a Writ of Dower Resp The Wife shall have an Appeal where she cannot have a Writ of Dower as if she Elope c. she is barred of her Dower but not of her Appeal and the reason is for that the Stat. barreth her of her Dower but not of her Appeal So if the Husband be attainted of Treason or Petit treason his Wife shall not be endowed and yet if any do kill him the Wife shall have an Appeal for notwithstanding the Attainder he remained her Husband Qu. 3. Whether she ought to be sole and unmarried that brings an Appeal of her Husbands Death Resp It is requisite that she be sole and unmarried that makes this Appeal for if she marry again her Appeal is gone though the new married Husband be dead within the year and day after his death that was slain Qu. 4. Whether the taking of a second Husband after Judgment and before Execution can binder the Execution of the Judgment Resp Not only a Widdow which hath an Appeal hanging abateth her Appeal and loseth it force by new Marriage but also if after Judgment and before Execution she take an Husband she loseth the Execution of the Judgment Qu. 5 What is the true reason why a Woman hath an Appeal de morte Viri Resp The reason wherefore this Action is given to a Widdow is not as Glanvil makes it Quia una cara est vir uxor for then the Baron might have an Appeal de morte uxoris which is never granted but her heir shall have it But the true reason why a Woman hath the Appeal de morte Viri is because by his death she is thought less able to live and maintain her self that therefore when she taketh another Husband cessante causa cessat effectus and her Appeal is gone as la Widdowes Quarentine is determined when she is once remarried 3. Of wrong done to the Appellants themselves as Robbery Rape and Maihem If in an Appeal of Robbery the Plaintiff omit any of the goods stoln they are forfeit to the King for the favour which the Law persumeth the Plaintiff beareth to the Felon and for that he cannot have restitution for more then is in his Appeal If the Jury find in an Appeal of Robbery for goods that the Defendant found them in the High-way in this case the Plaintiff for his false Appeal ●eking the blood of the Innocent shall forfeit his goods to the King If any Virgin Widdow or single Woman be ravished she her self may sue an Appeal of Rape prosecute the Felon to death and the Kings Pardon cannot aid him But if a Feme Covert be ravished she cannot have an Appeal without her Husband as appears 8. H. 4. 21. If a Feme Covert be ravished and consent to the Ravisher the Husband alone may have the Appeal and this by the Stat. of 6. R. 2. c. 6. And the Husband that this Statute speaketh of which may sue the Appeal must be a lawful Husband in Right and possession for ne unques accouple en loyal matrimony is a good Plea against him An Appeal of Maihem was brought by one Milles and the Maihem was assigned in his shoulder and the Defendant demanded the view and it was said that he should not have it because it was done de son tort demesue also it was said that Surgeons may heal and cure him and although he shall be tryed by Inspection of the Court or by Chirurgeons it was held be it one way or other it is peremptory for him c. It was held by all the Justices of the Kings Bench that in an Appeal of Maihem if the Defendant pray that the Maihem may be examined if the Justices or Surveyors which they require be in doubt whether it be a Maihem or not the Judges may refuse the examination and compel the Party to put it upon the Country Thus much of wrong done to the Appellants themselves I shall conclude this Learning touching Appeals with these Queries Qu. 1. Whether all Appeals ought to be sued in proper Person Resp It is answered that all Appeals are to be sued in proper Person and not by Attorney as Appeal of Maihem must be in proper Person A Woman which was Crossement enseint sued this Appeal and the Defendant was attainted the Womans Appearance was recorded for the whole Terme and yet by the better opinion she might not pray Execution by her Councel but ought to come in proper person therefore one of the Judges did ride to Islington to her to see if she were alive and desired Execution which she required and the Defendant had Judgment Qu. 2. Whether an Appeal may be commenced more then one way Resp It is answered that Appeals are commenced two wayes either by Writ or by Bill 1. By Writ when a Writ is purchased out of the Chancery by one Man against another commanding him that he shall appeal a third Man of some felony or other offence by him committed and to find Pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded 2. By Bill when a Man of himself giveth his Accusation of another Man in Writing to the Sheriff or Coroner and taketh upon himself the burthen of appealing him that is named in the said Writing And note that there is a diversity worthy of observation betwixt an Appeal by Bill and by Writ for in the Appeal by Original Writ both principals and accessories are generally charged alike without any distinction who be principals and who be accessories but otherwise in the Appeal by Bill Thus much

that the Servants Oath was sufficient for it is properly in his notice that he was robbed and did not know any of the Robbers and the Master knows it not that he was robbed or who were the Persons but by the report of his Servant and it would be inconvenient if the Master should not bring the Action but the Servant might release or compound or discontinue the Suit and so the Master should have the loss by his falshood therefore the Master shall bring the Action and have his Servant who was robbed be his witness whereupon it was adjudged for the Plaintiff Action upon the Stat. of Hue and Cry supposing that he was robbed in such a High way in divisis Hundredorum and that he gave notice thereof to the Inhabitants of the Hundred near to the Place where he was robbed After Verdict for the Plaintiff it was moved in Arrest of Judgment that this declaration is not good because he doth not shew that the High way is within any Hundred And in truth it out to be given to the Inhabitants of both Hundreds and so be divers Presidents that notice was given in the other Hundred to the Inhabitants of that hundred Sed non allocatur wherefore it was adjudged for the Plaintiff Hue and Cry made in the next Vill adjoyning though it were in another County is good enough for a Stranger cannot know the division of Countys Vide Cro. 3. part Merrik v. Hundred de Rapesgate 379. Action upon the Stat. of Winton of Hue and Cry and shews in his Count the said Statute and that such a day he was robbed of so much within that Hundred and that he made Hue and Cry and shews according to the Statute of 27. Eliz. And that within 40 days before the Action brought he was sworn before such a Justice of Peace that he was robbed of so much and did not know any of the Felons that as yet the Defendants had not taken any of the Felons nor satify'd him contra formam Stat. praedict unde Actio accrevit After Verdict for the Plaintiff it was moved that this Declaration was not good because the Action is founded upon two Statutes and both mentioned in the Declaration yet he concludes contra formam Statuti praedicti which is not good and the Court thereupon doubted and appointed Presidents to be searched and after divers Presidents of this Court and the Common Bench shewn unto them wherein some were Contra formam Stat. praedicti and some Statutorum praedictorum And the Court held that the best forme was Statuti praedicti For the Action was grounded only upon the Statute of Winton which gives penalty and remedy the other shews only how the Examination shall be and in what time before the Action brought otherwise he shall not have the Action and Statuti praedicti refers only to the Stat. of Winton which gives the Action therefore the best form to declare is Contra formam Statuti praedicti Thus much of the Satutes touching Hue and Cry FINIS THE TABLE A. Accessories IN what offences Accessories may be and in what not 123 The several sorts of Accessories 124 Accessories by the Common Law what 124 125 Accessories by Statute Law what 125 126 Where the Common Law or Statute Law makes a Felony Accessories are still included 126 Rules touching Accessories Id. Where an Accessory cannot be guilty of Petit-Treason when the principal of Felony Id. Where the Accessory shall not be tried if the Principal hath his Clergy or be pardoned 126 127 Writing of Letters in favour of a Felon will not make the Party an Accessory 129 Instructing a Felon to read will not make an Accessory 129 Perswading Witnesses not to appear will not make an Accessory 129 Quaeries touching Accessories 128 129 c. Affrays The derivation of the Word Affray and the diversity betwixt it and an Assault 106 The punishment of an affray 103 What persons are bound to part Affraies 103 The punishment of those that refuse to part Affraies 103 104 Affraies inquirable in Leetes 106 Appeals The Description and Derivation of an Appeal 136 Who may and who may not Appeal accuse c. 121 Where the Wife shall have an Appeal of the death of the Husband and where not 137 138 Where the Wife shall have an Appeal and yet not be endow'd and e converso Ibid. The true reason why the Wife hath an Appeal de Morte Viri 138 139 She ought to be Sole and unmarried that brings an Appeal 138 The taking of a second Husband after Judgment and before Execution hinders the Execution of the Judgment 138 An Appeal ought to be sued in proper Person 140 141 Appeals how many ways commenced 141 A Diversity betwixt an Appeal by Bill and by Writ Ib. Approver Who may and who may not be an Approver 123 His Description Ib. Where none can be an Approver upon an Appeal 122 Where a Man appealed by an Approver and thereupon kept in prison may be Bailed by good Sureties given 122 Assemblies Assemblies unlawful how dangerous in former times 110 Arraignment Arraignment of a Prisoner what 149 The manner of Arraigning of a delinquent 149 Attainder Where a Man attainted shall be liable to Arrests and Executions for debt 151 152 A Diversity betwixt an Attainder and an Entry into Religion 152 A diversity betwixt purchasing of Lands before and after an Attainder Ib. A Person attainted after a Pardon may have an Action of Battery c. done before the Pardon granted Ib. The several sorts of Attainders 153 A difference betwixt a Person attainted and convicted Ib. Where upon an Attainder of Felony in an Appeal the Defendant shall forfeit no Lands but those he had at the time of Outlawry pronounced secus in an Indictment Ib. Attainders as to Chattels shall relate but unto the Judgment pronounced 154 Battery What it is 50 Who may chastise and correct in a moderate manner Ib. Where a Man may return blows in his own defence or in the defence of another 51 Where a Man may not return or give any blows in his own defence Id. Bribery Bribery what 94 It may be committed though no Suit depending in foro contentioso 94 95 It may be committed by one that is a Judicial Officer in the Ecclesiastical Court 95 Difference betwixt it and Extortion 97 Burglary The Etymology and definition of it 64 65 What shall be said an entry into breaking of an House to make it Burglary Ib. Where it shall be Burglary though but one doth enter Ib. Where a Man may commit Burglary though he breaketh not the House 65 66 What shall be said a Mansion House the breaking whereof makes it Burglary 66 67 A Chamber of Innes of Court or Chancery is a Mansion House 67 To break an House to the intent to beat another not Burglary 68 House breaking 68 69 70 Burning of Houses It s Description 72 What shall be said Burning of Houses to make