felony neither shall he die for it for others of discretion cannot take example at him A man killeth one that is outlawed of felony this is not felony of death A man that is deafe dumbe and blinde killeth a man this is neither felony manslaughter nor murder causa qua supra A man beateth a woman that is with childe and shee laboureth and the childe is dead borne this is neither murder nor manslaughter A man cutteth a tree and the branches of the tree fall upon I. S. and kill him unknowne to him that cutteth the tree this is not felony for it is not done with a felonious intent A man shooteth at the pricks and killeth a man this is not felony for the marks bee certaine every man ought to keep himselfe off but otherwise it is where the pricks bee not certaine for then hee that shooteth must take heede where hee shootes Two men fight and one of them killeth I. S. being behinde him as hee striketh at his adversary this is not felony because he doth not see him but otherwise it had been if he had seen him A man hath judgement to bee hanged and the Sheriffe doth behead him this is murder A man striketh another downe to the ground and holding his dagger in his hand the other for haste to arise to strike him againe runneth upon his dagger and is killed this is neither murder nor manslaughter in him that held the dagger A man striketh another which dyeth without a yeer and a day it is neither murder nor manslaughter for if hee dyed out of the yeere it shall bee intended hee dyed of the visitation of God and not of the stroke A man impaleth his ground and putteth in his Deere and hath a Keeper to keep them and I. S. commeth through the Parke and hunteth and the Keeper cryeth unto him to yeeld him to the Keeper and hee will not and the Keeper killeth him this is murder per Statutum de malefactoribus in Parcis and it is not materiall be it by day or by night for it is no Park if the Lord have not the Kings Leters Patents A man perceiveth his Father to be sick and under pretence of amity hee carryeth him from Towne to seek Physick and killeth him by importunate carriage this is murder A Physician or Surgeon taketh a man in cure which doth kill him by the insufficient medicine this is not murder nor manslaughter A man that is neither Physician nor Surgeon taketh upon him to know Physick and Surgery and taketh upon him the cure of men and one dyeth for the insufficiency of medicine this is murder A man abjur'd going to his Port or Sanctuary meeteth a man in the high way and killeth him this is murder but hee shall not bee arraigned for it for hee had judgement of death before and hee shall not have another judgement of death before that he have avoyded the first judgement The Prince striketh a man of malice which dyeth of the stroke and the King dyeth this is not felony for by the death of the King the Prince is King and cannot be a felon A Turke or a Jew cometh into England without the Kings licence and I. S. killeth him this is not felony for hee is neither or the faith of Christ nor under the Kings protection I. S. Deane of Pauls and fourteene of the Chapiter steale sheep this is not felony in the Body politick but in their materiall bodies A man cometh to a Park and findeth the Keeper and bindeth him to a tree and gaggs him this is murder if he dye CHAP. IIII. What acts and misdemeanors may be called Robbery and what not and what Felony and what Burglary A Man assaulteth another to rob him and taketh from him but one penny this is robbery and felony for the feare hee putteth the other in A man assaulteth another to rob him and snatcheth at his purse and taketh hold of his girdle and the true man escapeth away with his purse and the thiefe hath but the girdle this is felony A thiefe goeth by the high way and findeth I. S. sleeping and the thiefe taketh out of I. S. his purse 12. d. and leaves him sleeping this is not felony for I. S. was never put in feare of his life A man meeteth his Villein in the night and taketh from him his horse this is no felony for hee may take any thing away from him by way of seisure Lord and Tenant The Lord cometh to the house of the Tenant in the night and taketh from him his bacon or his beefe for rent or service in arrere this was not felony for it was not with a felonious intent A Writ is directed to the Sheriffe to attach I. S. in a personall action and comming in the night findeth I. S. leading his horse in his hand and tacheth I. S. by his horse this is not felony for hee hath colour to take his horse by precept A Tailor receiveth of I. S. cloth to make for him a coat and the Tailor putteth in other lining then I. S. his lining I. S. taketh the coat and lining from the Tailor this is not felony for the lining and the thred bee of the same nature as the principall is which is the coat A man claymeth as heire lowmes after the death of his Father more stuffe then hee ought to have and cometh in the night and taketh them from the Executors by force this is not felony for hee maketh title unto the goods A man meeteth another in the night with a grey-hound in his slip and assaulteth him to rob him of his dog this is felony although the taking of the dog without feare is not felony yet because the party was put in feare of his life it is felony A man cometh into a wood and cutteth and taketh away trees to the value of 20. s. it is not felony for they bee parcell of the Franktenement but otherwise it is if a man steale away trees that bee felled If a man ravish a woman it is felony A man cometh into an house to rob a man and sudden feare taketh him and he departeth without doing any harme this is felony A man cometh to the house of I. S. to arrest one S. for felony and I. S. doth resist him this is felony in I. S. A man is robbed and pursueth the felon and arresteth him and taketh his goods and suffereth the felon to goe this is felony in him that was robbed A man entreth into an house to rob and no body lyeth in the house and hee retireth againe and taketh nothing yet this is burglary and felony A man taketh a flight of Doves in the field this is no felony A man stealeth fish out of my severall ponds to the value of 13. d. this is felony for the Stat. of 22. H. 8. which is revived maketh mention where a
man hunteth with a visard or disguised A man entreth into the Church in the night to rob it and findeth nothing this is burglary A man that is Lord claymeth the best beast that his Tenant hath for herriot custome and the Lord taketh his herriot in the night this is no felony for the property of the beast is in the Lord by the death of his Tenant A thiefe stealeth my horse and I pursue him and for feare he delivereth me my horse and I take him I am neither felon nor accessary for it is at mine election to make the taking of my horse felony or trespasse but otherwise it is if I arrest him by an Officer A man stealeth goods that bee wrecked up in the sea it is not felony for the propertie of the goods is in no man A man lyeth in an Inne and in the night taketh his sheets and coverlets and hideth them and goeth for his horse and before hee can escape away hee is taken this is felony by Statute A man commandeth his Wife to steale money from I. S. shee doth it is not felony in the Wife for by the compulsion of her husband shee is obedient A woman that is heire apparant unto her Father is taken away against her will by I. S. and after is by him marryed by cohercion this is felony by Statute A man stealeth I. S. and putteth out one of his eyes this is not felony for the Statute speaketh of putting out both the eyes and a penall Statute shall bee taken strictly for hee hath put out but one eye A man stealeth a box of evidence this is not felony for the box is of the same nature as the Charters are and the Charters concerne the Franktenement A man delivereth his beasts for another to sell for him which flyeth with them this is not felony because hee came lawfully by them A man delivereth his plate to his Butler to keepe and hee flyeth with it this is felony for so long as the plate remaineth within his house it is in his possession The Wife taketh the goods of her Husband and carryeth them away secretly this is not felony Quaere the Receiver A man stealeth young Doves out of their nests this is felony Hawkes taken out of their nests is felony but if they be taken with nets when they are branchers it is not felony for they bee out of every mans possession A man stealeth fish out of my trunk in the day this is felony A man stealeth Faulcons eggs out of the nests this is felony by Statute If a man burn another mans house it is felony A woman that is marryed and I. S. bee confederated to rob the Husband and the Wife stealeth the goods and delivereth them to I. S. this is felony in I. S. but not in the Wife A man stealeth my Popingay or Linet or other such bird of pleasure it is not felony The same law for stealing of Hounds but if a man steale a Mastiffe it is felony for Hounds be but things of pleasure and not of profit but the Mastiffe is contrary A man entreth into my house in the day to rob and taketh nothing it is felony A Gaoler compelleth a prisoner to approve or appeale others that are not guilty it is felony in the Gaoler by Statute If a man steale at twenty times twenty pence it is felony yet if hee had stollen twenty pence at one time it had been but pety larceny A man stealeth a seat out of the Church this is not felony for it is parcell of the Franktenement A man maketh a grant of the next voydance of a Benefice and I. S. stealeth it this is felony for the Charter is of the nature of a Charter royall A man stealeth milstones off a mill it is no felony A man is outlawed in the common law by the name of I. S. for debt and one raseth the record and putteth in T. D. this is felony by Statute A man baileth goods to I. S. to keepe and after the bailor stealeth the goods from the bailee it is not felony for the property is in himselfe but it is adjudged contrary A man stealeth glasse out of windowes which be made fast with sprignailes it is felony But contrary if they be fastned with great nailes for then they be parcell of the Franktenement Felons doe breake my doores towers or ports to the intent to rob kill or feare any man this is felony though they take nothing CHAP. V. Accessaries and good Indictments What persons may bee called accessaries to the felons and what not and where the accessaries shall bee put to answer and where not and which shall bee said good indictments of felony and which not NOte That there bee two kindes or manners of Accessaries one before the felony and another after the felony Accessary before the felony is hee that moveth the felon to doe the felony Accessary after is hee that receiveth or doth aide or help the felon in any manner after the felony done to his knowledge Principall and Accessary the principall not being arraigned the accessary shall not bee put to answer The principall is taken and put in prison and dyeth in prison the accessary shall not bee put to answer for by the death of the principall the accessary is discharged Two men are indicted for killing of a man the one as accessary the other as principall and it is found the principall killed him se defendendo the accessary shall not bee put to answer for when the principall is acquit of the felony the accessary shall not be in worse case A man committeth felony and I. S. saith for his deliverance according to the Law hee is not accessary to his felony I. S. is accessary to a felony and W. S. knowing of it receiveth or comforteth I. S. hee is accessary and it is felony in him for hee that is accessary is a felon and the first accessary is a felon and therefore hee is accessary to the felony A man procureth I. S. that he should procure I. K. to kill W. D. the first procurer is accessary A man stealeth goods and I. S. is indicted quòd ipse felonicè recepit knowing that the goods were stollen I. S. is attainted and there is another accessary to I. S. he shall never be put to answer for hee is accessary to the goods and not to the man If an infant or a man that is mad receive goods that be stollen it is not felony nor accessary If the principall pleade the Kings pardon the accessary shall not bee put to answer If a woman covert baron receive a felon or goods at his hands knowing that they bee stollen shee is accessary If the principall plead not guilty and bee found guilty and pray his clergy and hath it the accessary shall not bee put to answer
beene good plea for judgement of death is a discharge of all felons done before A man committeth murder and the King pardons him the murder and the next day hee beateth and maymeth I. S. and hee is arraigned of the murder pleadeth the Kings pardon by the beating of I. S. the pardon is become not good 2. H. 7. for by the Stat. of 10. E. 3. hee shall finde surety of his good behaviour for 3. moneths after the pardon A man stealeth goods in the County of A. and bringeth them in the County of N. and after is indicted and arraigned in the County of A. and hee saith hee carryed the goods into the County of N. and there hee was indicted and acquitted for the same goods and prayes allowance and to the felony not guilty this is good plea for though hee commit felony in two Counties his life shall not be in jeopardy twice for one felony A man arraigned of felony pleades not guilty unto the issue and when the Jury appeares hee pleades the Kings pardon and shewes it that is no plea except the pardon beare date after the issue joyned A man arraigned of felony pleades the Kings generall pardon by Act of Parliament although hee hath pleaded not guilty before that pardon shall bee allowed for every man is bound to take notice of that pardon A man is indicted by the name of I. S. of B. and upon the arraignment he saith his name is I. Roe of B. and not I. S. and prayes allowance and pleades over to the felony not guilty this is no plea for he ought to give it in evidence if he be mis-named for if he be the same person he shall answer to the felony but otherwise it is in appeale A man arraigned of felony saith that another time I. S. appealed him of the same felony unto that which hee pleaded not guilty by battell and hath vanquished the appeale and went quit this is no good plea for his life shall not bee put in jeopardy twice for one felony A man is arraigned of felony upon an indictment and saith that another time he was outlawed upon the same felony and reversed the outlawry by errour this is no good plea for though hee reversed the outlawry yet if the indictment bee good he shall answer unto the felony but otherwise it is upon outlawry of debt or trespasse for the plaintiffe shall have a new Originall A man is arraigned at the Kings suit for killing I. S. which saith that at another time hee was arraigned for the killing of the said I. S. in an appeale at the suit of K. daughter and heire of the same I. S. this is no plea but hee shall be at another time arraigned for by the Stat. of Magna Charta cap. 3. 4. no man shall bee appealed of the death of a man at the suit of a woman except it bee of the death of her husband A man is arraigned upon an indictment for killing I. S. which saith at another time hee was arraigned at the suit of I. S. son and heire of the same I. S. this is no good plea if the wife of I. S. was alive at the time of the appeale brought but he shall be another time arraigned A man is arraigned of the death of I. S. which saith at another time he was arraigned of the same felony and acquit at the suit of R. S. son and heire of the said I. S. this is no plea if the party that maketh the same be not the eldest son of I. S. at the time of the appeal or if he have an elder son alive Two men commit a felony and one of them is arraigned and acquit and after the acquittall hee receiveth his companion which is attainted after of the same felony this receiver which was acquit before shall now bee arraigned as accessary to the same felony of which he was acquit before as principall and if he plead this matter it shall bee no sufficient plea for him for that hee was accessary after the acquittall A man arraigned of felony pleadeth not guilty and the Jury is deferred for default of Jurors and a talis is awarded and at the day given by the talis he pleads the Kings pardon bearing date after the day of default this is no good plea Note that when a man pleadeth a barre in matter in fact he may pray allowance and plead over to the felony but when hee pleadeth a matter of record in barre hee shall not plead over to the felony as a formall acquittall the Kings pardon and such like FINIS 25. E. 3. 23. E. 3. 35. H. 8. cap. 1. 12. E. 3. 19. H. 6. 40. R. 2. 25. E. 3. 30. E. 3. sol 25. E. 3. 3. H. 7. 28. E. 3. 2. H. 4. 22. E. 3. 22. E. 3. 22. E. 3. 22. E. 3. Manslaug 〈…〉 25. E. 3. fol 〈…〉 25. E. 3. fol 〈…〉 25. E. 3. fol 〈…〉 vâ—l 22. 12. E. 3. fol. 30. 21. H. 7. 2. E. 3. fol. 3. 2. E. 3. fol. 3. 23. E. 3. fol. 2. 6. E. 4. fol. 8. 6. E. 4. 3. H. 5. 30. E. 3. fol. 3 〈…〉 23. 2. E. 3. 3. E. 3. 3. E. 3. 10. H. 4. â—1 E. 3. Nul Ley per Stat. de 4. E 12. 〈…〉 8. 32. E. 3. fol. 32. 1. H. 7. â—7 E. 3. 31. E. 3. 22. H. 8. Auterment 〈…〉 per 5. El. ca. 22. E. 3. S. H. 7. fol. 1. 22. E. 3. fol. fol. 32. 5. H. 4. 27. E. 3. fol. 16. 5. H. 7. 10. E. 4. 15. E. 4. 13. E. 4. 21. H. 7. 13. E. 4. 16. E. 4. 18. E. 4. 18. E. 4. 3. 4. H. 〈…〉 1. E. 4. 3. H 13. E. 4. 12. H. 8. 12. H. 8. 14. E. 3. 9. H. 7. 14. H. 8. 9. H. 6. 7. H. 7. 27. H. 7. Accessary before Accessary after 7. H. 4. 7. H. 7. 3. 〈…〉 fol. 1. 11. 〈…〉 9. E. 4. 7. H. 4. fol. 34. 25. E. 3. fol 5. 27. E. 3. 7. H. 4. 15. 22. E. 3 4 6. 13. E. 4. fol. 7. Fol. 35. 9. E. 4. fol. 4. 1. E. 6. 9. E. 4. 21. H. 6. 9. E. 4. 22. E. 4. 10. H. 6. 22. E. 3. 31. E. 3. 10. E. 3. 3. H. 4. 2. E. 6. 2. R. 3. 2. E. 3. 44. E. 3. fol. 15. 13. 14. H. 4. Fol. 36. 1. E. 4. E. 4. fol. 〈…〉 16. E. 3. fol. 7. H. 6. 8. 〈…〉 4. sol 4. 21. E. 4. 2. H. 7. 10. E. 3. 4. H. 7. fol. 37. 11. H. 4. 1. H. 5. 7. H. 7. fol. 5. Magna Charta cap. 3. 4. 21. H. 6. 21. H. 8. fol. 38. 17. E. 3. 10.