Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	plaintiff_n	verdict_n	2,804	5	11.1682	5	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A10218	De pace Regis et regni viz. A treatise declaring vvhich be the great and generall offences of the realme, and the chiefe impediments of the peace of the King and kingdome, as menaces, assaults, batteries, treasons, homicides, and felonies ... and by whome, and what meanes the sayd offences, and the offendors therein are to bee restrained, repressed, or punished. ... Collected out of the reports of the common lawes of this realme, and of the statutes in force, and out of the painfull workes of the reuerend iudges Sir Anthonie Fitzharbert, Sir Robert Brooke, Sir William Stanford, Sir Iames Dyer, Sir Edward Coke, Knights, and other learned writers of our lawes, by Ferdinando Pulton of Lincolnes Inne, Esquier.	Pulton, Ferdinando, 1536-1618.; Fitzherbert, Anthony, Sir, 1470-1538.; England and Wales. Public General Acts. Selections.	1609 (1609)	STC 20495; ESTC S116053	719,079	571

shall haue like Proces vpon the same as in cases of trespas at the common law Or may at his pleasure take his suite against any such offendors in any the premisses by Bill in the Kinges Bench or in the Exchequer In which sutes no Essoine Iniunction or Protection shall be allowed for the party Defendant Not twice impeached for one offence 6 If the Defendant shall be conuict for any of the offences aforesaid St. 5. Eli. 14. according to the order and forme aboue limited and shall haue receiued thereupon punishment corporall according to this Act then he shall not eftsoones be impeached for the same offence The plaintifs release shal only discharge his owne remedy 7 Although the partie or parties plaintife in any such Action St. 5. Eli. 14. or Bill to be sued as is aforesaid shall after verdict past against the Defendant or Defendants happen to release or discharge the iudgement or execution vpon the same or otherwise suffer the same to be discontinued yet neuerthelesse the same release discharge or discontinuance shall extend onely to discharge such costs and dammages as the same plaintife should haue had against the defendant And the Iudges before whom the said action or suite shall be taken shall and may prrcÃ©ede to iudgement of and vpon the residue of the said penalties and forfeitures and commaund execution vpon the same the saide release discontinuance or other discharge had made done or suffered by the partie plaintife in any wise notwithstanding 8 If any person or persons being hereafter conuicted St. 5. Eli. 14. or condemned of any of the offences aforesaid by any of the wayes or meanes aboue limited shall after any such his or their conuiction or condemnation eftsoones commit or perpetrate any of the said offences in forme aforesaide The punishment for the second offence Then euery such second offence or offences shall be adiudged felony and the parties being conuicted or attainted according to the lawes of this Realme shall suffer paines of death losse and forfeiture of their goods cattels lands and Tenements as in cases of felony by the common lawes of this Realme ought to be lost or forfeited The right of others saued without hauing any aduantage or benefit of Clergie or Sanctuarie Sauing to euery person and persons body politique and corporate their heires and successors other than the said offendors and such as claime to their vses all such rights titles interests possessions liberties of distresses leases rents reuersions offices and other profits and aduantages which they or any of them shall haue at the time of such conuiction or attainder of in or to any the lands tenements or hereditaments of any such person so as is aforesaid conuicted or attainted or at any time before in as large ample maner to all intents and purposes as if this Act had neuer bin made Prouided alwayes that any such conuiction or attainder of felony as is aforesaid No forfeiture of Dower or corruption of blood or any forfeiture by reason of the same shall not in any wise extend to take away the dower of the wife of any such person attainted nor to the corruption of blood or disherison of any the heire or heires of any such person or persons so attainted This Act or any thing therein contained or any other statute law or custome notwithstanding 9 All and euery Iustices of Oire and Determiner St. 5. Eli. 14 and Iustices of Assise Iustices of Oire and Determiner and Iustices of Assise in their circuits and euery of them shall haue full power and authoritie in euery of their open and generall Sessions to inquire heare and determine of all and euery of the offences aforesaid committed or done within the limits of their Commission and to make Processe for the execution of the same as they may do against any person beeing indicted before them of Trespasse or lawfully conuicted thereof Stat. 5. El. 14 10 If any person or persons whatsoeuer hath of his or their owne head Forging of deeds before the statute or by false conspiracie or fraud with any other wittingly subtilly and falsly forged or made or shall before the first day of Iune next comming forge and make any false dÃ©ed charter or writing sealed or the will of any person in writing or any court roll to the intent that the estate of Freehold or inheritance or the right title or interest of inheritance or freehold of any persons of in or to any Mannors lands tenements or hereditaments being freehold or copihold Or that by any such forged dÃ©ed charter court roll or writing before the said first day of Iune shall or may be molested troubled or defeated of any of the said estates of any lands tenements or hereditaments being frÃ©ehold or Copihold Or if any person or persons haue heretofore published or shewed foorth in euidence or before the said first day of Iune shall publish or shew in euidence for the proofe of any title any false and forged dÃ©ed charter writing will or Court Roll as true knowing the same to be false and forged as aforesaid to the intent aboue remembred and shall be thereof attainted or conuicted according to the order of the law either in an Action of forger of false faits or in an Action vpon the case at the sute of the party grieued his heirs executors or assignes Then the party so conuicted shall yielde and pay dammages and costs of sute to the plaintife as shall be assessed according to the law of the Realme in any such like Action or sute and shall suffer imprisonment and pay fine and ransome at the pleasure of the QuÃ©ene her heires or Successors Pleading a forged deed made before the statute And if any person or persons shall after the said first day of Iune next comming pleade publish or shew foorth in euidence or otherwise for the proofe of any title any false and forged dÃ©ed charter writing will or Court Roll heretofore falsly made and forged or to be falsly made and forged before the said first day of Iune as true knowing the same to be false and forged to the intent to haue or claime thereby any estate of inheritance frÃ©ehold or lease of yeares in or to any mannors lands tenements or hereditaments or any annuitie rent or profit foorth of any mannors lands tenements or hereditaments Or to the intent to alter defeate molest trouble charge or recouer the estate of inheritance frÃ©ehold or lease for years of any person in any mannors lands tenements rents or hereditaments Then euery person and persons that so shall offend and shall be thereof conuicted in forme first aboue remembred shall pay vnto the partie grieued double costs and dammages and shall haue imprisonment losse of Eares slitting and searing of Nose and forfeiture of lands in the same maner and forme as aboue is limited for any person that shall offend by forging or publishing of any

of the stat of 18. El. 14 Maintenance Champertie buying of titles Embracery haue bin accounted so offensiue professed enemies to the iustice peace of the realm that though by the stat of an 18. El. it is ordained Stat. 18. El. 5 That euery informer vpon any other penall stat shal exhibit his suit in proper person pursue the same onely by himselfe or by his Atturney in court and that none shal be admitted to pursue against any person vpon any penall stat but by way of information or originall writ and not otherwise nor shall haue any deputy at all And that vpon euerie such information which shal be exhibited a speciall note shall be made of the very day moneth yere of the exhibiting therof into any office or to any officer which lawfully may receiue the same without any maner of antedate to be made thereof And that vpon euery such proces shal be indorced aswel the parties name that pursueth the same proces as also the stat vpon which the information in that behalfe made is grounded and that no Informer or plaintife shall compound or agrÃ©e with any person that shall offend or shal be surmised to offend against any penal statute for such offence but after answer made in court vnto the information or suit in that behalfe exhibited or prosecuted nor after answer but by the order or consent of the court in which the same information or suit shal be depending Yet in the said stat of 18. El. there is a prouiso That it shal be lawfull for any person or persons grieued by means of any maintenaÌ„ce chaÌ„pertie buying of titles or other embracery to pursue vpoÌ„ any stat prouided against maintenance champerty buying of titles or embracery as he or they might haue done before the making of the said act Which prouiso was made to the end that all persons grieued by reasons of any maintenance champertie buying of titles or embracery should be left at libertie to pursue chasten the offendors therin by all such means as former laws haue authorised theÌ„ not be restrained by any of the ordinances or articles before rehearsed for that the said offeÌ„ces were by the makers of the said stat adiudged to be greater impedimeÌ„ts obstacles to the execution of iustice than other penal stat were 15 As the policie of the realme hath deuised the foresaid popular actions and suits to enable euery person that will Assurances to haue mainte void in diuers cases to pursue prosecute maintainors champertors buyers of pretenced rights c. to the intent the sooner to root out extirpat those offendors who indeuor to wrest the execution of lawes out of their due course to subuert iustice thereby to hinder the peace of the realme so hath it in some cases gone further ordained that some assurances made for maintenance shal be presently void as it appeareth by the stat of an 8. St. 8. H. 6. 9 H. 6. wherby it was enacted Lands gotten by force assured to haue maintenance That if any person after his entry into lands or tenements holden with force do make a feoffement or other discontinuance to any Lord or other person to haue maintenance or to toll defraud the possessor of his recouerie in any wise If alter in an Assise or other action thereof to be takeÌ„ or pursued before the Iust of Assise or other the kings Iustices whatsoeuer they be by due inquiry therof to be taken the same feoffements and discontinuances may be duly proued to be made for maintenance as is aforesaid that then such feoffements or other discontinuances so as before made shall be void St. 4. H. 4. 8. holdeÌ„ for none And by the stat made an 4. H. 4. it was established That if any man great or small of what estate or condition they be Lands forcibly gotten by maintenance make any forcible entry in his own right or to his own vse or in anothers right to his vse by the way of maintenaÌ„ce therof is attained at the suit of the party grieued he shal be one yere imprisoned pay to the partie grieued his double dammages And also he shall answer to the partie grieued damages for his goods cattels if vpon the said forcible disseisin he tooke away any 16 As by the before mentioned stat maintenance champerty What maintenance is punishable and what iustifiable embracerie buying of titles be in generall termes deciphered together with their seuerall penalties so haue the learned Iudges Sages of the law expounded the particular branches of euery of those stat as they grew in question were prosecuted in suit before them also resolued what maintenance is punishable and what iustifiable who may pursue an action writ bill or information c. of maintenance champerty c. against whom the same is to be brought for what offeÌ„ce or cause the same is maintenable what pleas are to be pleaded to the writ or in bar of the said actions writs informations c. what iudgemeÌ„t shall ensue thereupon As euerie champertie is an vnlawful maintenaÌ„ce prohibited by the foresaid stat of West 1. West 2. 9. H. 6. 64. St. 28. E. 1. 11. and punishable according to the before rehearsed stat of An. 28. E. 1. and euerie chaÌ„pertie is a maintenance the partie grieued may haue aswel a writ of Maintenance as of Champertie for by that meanes the champertor hauing bargained to haue part of the land or thing in question doth ofttimes moue further the suit suborneth witnesses corrupteth the Iurie and so subuerteth iustice but there must be a suit depending before it can be adiudged maintenance in any sort for if one man wil giue money to another to beginne and prosecute a suit against a third person 3. H. 6. 55. 8. H. 5. 8. 10. Ed. 4. 19. 30. Ed. 3. 3. this is no maintenance for that this mony was giuen when there was no suit depending and if there be a writ brought and neuer returned it is no maintenance No maintenance in a Iuror for giuing his verdict 17 If there be a suit depending betwÃ©ene two and they do ioyne an issue 18. E. 4. 2. 28. H. 6. 6. which is tried by xij men found for the plaintife in this case the defendant cannot haue an action of maintenance against the said Iurors or any of them for this verdit giueÌ„ for that they gaue their verdit according to their euidence and their knowledge of the truth of the matter and besides they did not thrust theÌ„selues into that cause but were compelled to appeare by an ordinarie course of law being impanelled returned by the Sherife or some other lawfull officer Maintenance by a Iuror suing for iudgement but if after the verdit giuen any of the Iurie wil solicit or labor to the Iudge or Iudges of the court where the said suit

is depending to giue iudgement for the plaintife then the def may haue an action of Maintenance against him for that the same iudgemeÌ„t is a thing wholly belonging to the office of a Iudge and not of a Iuror therfore he doth therin intermeddle with another mans office and another mans cause more than he hath to do or may iustifie and so hath committed vnlawfull maintenance Maintenance in a Iuror 18 If a Iurie be charged to inquire of a matter in issue 17. E. 4. 5. 18. Ed. 4. 4. one Iuror may persuade his coÌ„panions or any of them to passe for the plaintife or def as he conceiueth the truth of the cause to be or as their euidence doth induce them this is no maintenance but if one of the Iurors will giue or promise money to another of his fellowes to giue his verdit for the pl. or def this is vnlawfull maintenance though he doth wage him to giue his verdit according to truth and right of the cause in issue Maintenance by speaking of words 19 If a man of great authoritie in a country will in the presence of a Iurie 22. H. 6. 5. 13. H. 4. 19. and the standers by at the tryall of an issue say openly that he will spend mony in the cause in question in the behalfe of the pl. or the def or that hee will giue money to labour the Iury or wil speake other great or high words in fauor of one of the parties this is vnlawful maintenaÌ„ce in him though he do spend no mony in that cause nor doth labor the Iury therin for it may be that wheÌ„ the Iury do by his words know his meaning they dare not in respect of his authoritie or greatnesse in that couÌ„tie giue their verdit otherwise thaÌ„ he would haue them None shall sit with the Iust of Assise on the bench And for the preuention of that kind of maintenance by a stat made An. 20. R. 2. it was ordained That no Lord or other of the country great or small St. 20. R. 2. 13. shall sit vpon the bench with the Iust of Assise in their Sessions in any of the Shires of England vpon paine of a great forfeiture to the King neither the Iustices shall suffer the contrarie to bÃ©e done Maintenance in comming to the barre with one of the parties And in like sort if a man of great authoritie in the Countie where an Issue is to be tried hauing nothing to doe in that cause doth come to the barre with the plaintife or defendant 22. H. 6. 6. that is one of the parties to an Issue that is then to bÃ©e tryed and standeth by him this is an vnlawfull maintenance in him though hÃ©e neither doth nor yet speaketh any thing in the matter for his presence and companie with the one partie doth shew to the Iurie his particular affection to the same partie and doth ofttimes induce them to fauour as much as labour and persuasion by words could doe And though the Iurie doe not respect him but giue their verdict for the other partie to that suit according to their euidence and the truth of the cause in question yet he hath done what in him lyeth to the contrarie 21. H. 6. 15. 22. H. 6. 5. 28. H. 6. 7. Dyer fo 95. 20 And so it is if two be in suit and do ioyne in issue Maintenance by giuing of money to labour a Iurie and the Master of one of the parties to that issue or any other will deliuer money of his owne to a stranger to labour the Iurie impanelled to try that issue to giue their verdit for his said seruant or friend this is maintenance vnlawfull in the Master or other though the partie to whom the money was giuen did neuer deliuer it to the Iurie nor did not labour vnto them in such sort as hÃ©e was directed or though the Iurie did giue their verdict against his said seruant for when the Master had deliuered the money to the stranger and told him to what purpose he should vse it he had done as much as he could do in that suit to hinder the course of iustice though his direction tooke no successe according to his desire And also it is vnlawfull maintenance if one giue money to a man that is impanelled of a Iurie to giue his verdict on the one side though that partie impanelled doth not appeare or do appeare and is drawne out by challenge or otherwise 22. H. 6. 6. And it is maintenance vnlawfull if one do threaten to kill or beat a Iuror if he do not giue his verdict for the one part to that issue which hee doth name though the same Iuror do otherwise 28. H. 6. 6. 21 If a Iurie do come to a mans house What is maintenance in a witnesse and what not and desire him to informe them of the truth of a matter whereof they do doubt and he doth informe them therof this is iustifiable But if one do come to a Iurie or of himselfe do labour to informe them of the truth of a cause in question this is maintenance vnlawfull and therefore punishable And so it is if the Court be informed by the plaintife or defendant when an issue is to be tryed that there is a man at the bar or in that place who doth know the truth of the matter in issue and doth desire that the same man may be examined by the Court to testifie the truth of that cause in question to the Iurie and the Court doth cause him to be called to testifie his knowledge therein and he at the commaundement of the Court deliuereth that which he doth know in that matter this is maintenance iustifiable But if the same partie will come to the barre of his owne head and testifie for the plaintife or the defendant this is vnlawfull maintenance and hÃ©e may be punished therefore 22. H. 6. 6. 22 If one man do labour to indict another by force whereof he is indicted Maintenance by procuring of an indictment in this case hee that is indicted may haue a writ of Maintenance against the procurer of that indictment and yet this is no quarrell but it is a taking of a part St. 1. E. 3. 14. and so prohibited by the stat of anno 1. E. 3. and it is in the nature of an action betwÃ©ene the King and the partie indicted and the foresaid statute is generall that it shall not be lawfull to any person great or smal to maintain quarels or to take parts to the let or disturbance of the Common law What is maintenance in a mainpernor 23 If a man be arrested indicted or sued 34. H. 6. 25. 14. H. 6. 6. 18. E. 4. 12. so that he is compelled to become bound with mainpernors for his apparance the mainpernor may come into the Court and sÃ©e the apparance of the same partie recorded and iustifie the

Charter of pardon which is allowed he may haue an action of Trespas against the offendor for the assault batterie made before the Outlawrie for the said outlawrie shall not extinguish his action nor cause that offence which before was punishable to be vnpunished And if the partie beaten should not haue his Action the iniurie done vnto him should be vnpunished for the King shall haue no remedy to recouer damages for this batterie done to the person of him that was outlawed 29. Ass p. 47 63. as he might haue had if any debt had bÃ©en owing or any goods had bÃ©en taken from the outlaw before his outlawrie And the Law doth expect that for the peace broken and the wrong done to the partie grieued the same partie shall vpon his action of Trespas brought be recompenced by the recouerie of his dammages and the king satisfied for his peace broken by a fine 11. H. 4. 65. 9. H. 6. 60. 27. Ass p. 57 33 In an action of Trespas of assault and batterie A man first indicted of batterie and after sued for the same trespas the defendant pleaded not guiltie the plaintife replied that the defendant was before that time indicted before the Iustices of Peace of the same Countie of the said assault and batterie and thereupon proces was awarded against him for the kings fine who then appeared and pleaded that the hurt which the plaintife receiued was by his owne assault and thereupon they were at issue and before the verdict the defendant appeared and confessed the Trespas and submitted himselfe to the Kings fauour and made his fine and demaunded iudgement if he should be allowed to plead not guiltie contrarie to his owne confession and this was adiudged a good Replication and an Estoppell of the said plea in barre And then the defendant pleaded that the hurt which the plaintife receiued was by his owne assault vpon which plea the plaintife demurred sÃ©eing the defendant before had pleaded that plea against the King And then he also waiued that plea and confessed the trespas whereupon a writ was awarded to inquire of dammages And so for this assault and batterie the king was first intituled to a fine by the Indictment and after the partie grieued recouered dammages by an action of Trespas 34 Imprisonment is where a man is arrested by force against his will and is restrained of his libertie What imprysonment is and put in a common Gaole or other gaole Lib. Intrac fol. 319. in a cage or in the stockes or otherwise kept in the high streete or open field if he be in restraint and cannot go at libertie when he will but is bound to become obedient to the will of the Law and is in the custodie of the Law And in all the cases aforesaid the partie so restrained is said to be a prisoner so long as he hath not his liberty frÃ©ely to go at all times when he will without baile mainprise or other restraint And therefore if one person do arrest imprison or otherwise restraine an other person of that libertie without sufficient and lawfull cause the partie grieued may haue an action of False imprisonment or an action of Trespas against him that doth so arrest An action of False imprysonment or imprison him and recouer damages against him And the King shall also haue a fine of him for that his law is contemned and his peace is broken in that one of his subiects presumeth to imprison an other without sufficient warrant of him or his law seeing imprisonment of an other by only act will or commaundement without offence of the Law is one of the kings most royall prerogatiues and only annexed to the maiestie dignitie and imperiall Crowne of this Realme For by the Statute of Magna charta it was specially ordeined Stat. 9. H. 3. 29. That no man shall be taken or imprisoned or disseised of his frÃ©ehold or liberties or frÃ©e customes or be outlawed or exiled or any other wayes destroyed neither shall any passe or fit in iudgement vpon him but by lawfull iudgement of his PÃ©eres or by the Law of the land And by the statute of AnÌ„ 28. Ed. 3. it was enacted Stat. 28. Ed. 3. 3. That no man shall be put out of his land or tenement nor imprysoned nor disherited nor put to death without being brought in aunswere by due proces of the Law And therefore whereas the Maior and Burgesses of a towne corporate being before authorized by the Kings letters patents to make ordinances for the good gouernment of the same Towne did condiscend amongst themselues Co. Lib. 5. 64. to leuie a summe of money for the charges of a lawfull and necessarie act to be done in the same Towne and did further agrÃ©e that if any of them did refuse to pay his part of that contribution money so assessed to be paied that then he should be committed to pryson vntill he had paid it and after one of the Burgesses of the Towne which before had agrÃ©ed to the same assessement ordinance Voluntarie consent no cause of imprysonment refused to pay the money which he was by the residue assigned and assessed to pay whereupon the Maior of the same Towne committed him to pryson against whom the same Burgesse brought his action of False imprisonment and recouered dammages against the same Maior for though the same Burgesse all others of the same Corporation might haue submitted himselfe to haue paid a summe of money to haue bÃ©en leuied by distresse or action of debt if he or they had not performed the same order paid his part of that contribution yet the libertie or impriâ—onment of his bodie resteth in the censure iudgement of the Law and not in his owne disposition As if B. do promise C. or be bound by Obligation vnto him that if he do not paie vnto the same C. xx li. within sixe monethes that then C. shall take and impryson him vntill he hath paid it notwithstanding B. do not pay to C. the same xx l. at the time assessed C. may not imprison B. for it though it was his owne promise agrÃ©ement or bond for that B. is not iudged by his pÃ©eres or condemned by the law of the land according to the foresaid statute of Magna Charta Neither is he brought to answere by due Proces of the law according to the purport of the before specified statute of An 28. E. 3. 35 But in many cases one person may arrest ImprisonmeÌ„t by the commaundment of the King his Iustices c. imprison and restrayne an other of his libertie and no action of false imprisonment action of Trespas or other remedie will be had against him As first it is a lawfull imprisonment which is done by the absolute commaundement of the King the chiefe Soueraigne head of the common weale by his owne mouth or by the priuie Councell which speake and direct by his Authoritie or by

by the bringers hereof the bodies of the said C. D. E. F. conuicted of the said forcible holding by my record commanding you and euery of you in his Ma. name that you receiue them safely keepe them in your said Goale vntill they shall haue made their fine and ransome to the King and be deliuered thence by the order of the law Hereof faile you not vpon the perill that will fall thereof Dated at Salden the 30. day of I. in the third yere of the raigne of our soueraign Lord K. Iames c. 16 And though the words of the before rehearsed stat of 8. H. 6. be VpoÌ„ coÌ„plaint made to the I. of P. or one of theÌ„ c. yet those words do not alwais bind a I. of P. to expect the coÌ„plaint of the party grieued or to omit to do his duty in inquiring of repressing punishing of force because the party grieued by the forcible entry or detaining of possessioÌ„ is ignoraÌ„t in sÃ©eking lawfull redres for his receiued iniury or doth inteÌ„d to take his remedy by other means but a I. of P. hauing notice of such forcible entry A Iustice may inquire of forcible entries without complaint or detaining of possession by force though it be by others and not by the party grieued may and of duty ought to goe to the place where the same force is committed to make inquisition thereof 7. E. 4. 18. and if the force be found to make restitution to the party expelled or put out by force And so by his meanes the offendor shall be punished according to his desert the partie wronged shal be restored the king shall be intituled to a fine all which without the said Iustices diligence would be omitted An action of forcible entry 17 If a man that is seised of lands or tenements of an estate in fÃ©e simple Fitz. Na. B. 248. fÃ©e taile for terme of his owne life or for the terme of anothers life be disseised or expelled thereof by force he may haue an action of Trespas of forcible entry vpon the foresaid statute of 8. H. 6. against him or them that did so disseise or expell him thereof and so he may if he be put out 6. H. 7. 12. or disseised of his lands or tenements peaceably and after the disseisor or he that doth expell him 14. H. 6. 1. doth hold them with force And in like sort he may haue the same action 3. E. 4. 19. 10. E. 4. 11. if any doth enter into his said lands or tenements with force after doth defend and hold them by force then he which is so put out and holden out with force may haue this action though the words of the statute be in the disiunctiue viz. disseised with force or disseised quietly after holden out with force for that the intent of the statute was to punish all such forces whether it were vpon the entry disseisin made or vpon the holding and detaining of the land with force in all which cases he who is so disseised or put out may haue an action of forcible entry vpon the said statute of 8. H. 6. and shall recouer his damages and costs to the treble of that which shal be found by the Enquest that he is endammaged 19. H. 6. 6. 22. H. 6. 57. 9. H. 6. 19. hath spent in his suit The writ of forcible entry must be Vi armis as wel for the occupation as for the first entry And it is to be noted that the writ declaration in an action of forcible entry must be that the def entred vi armis and not illicite or by any other such words for if the writ be otherwise it shall abate seeing a writ of forcible entry is alwaies vi armis 37. H. 6. 23. 38. H. 6. 1. and proces of Outlawry lieth in it and the declaration must expresse the certainty of the lands whereupon the defendant did make his forcible entry and which they be and not suggest that he did enter vpon certaine lands in D. And in this action of Forcible entry 35. H. 6. 6. 49. Ed. 3. 2. Co. lib. 3. 12. and in all actions Quare vi et armis a Capias doth lie and where a Capias doth lie in the proces there after iudgement a Capias ad satisfaciendum doth lie and there the king shall haue a Capias pro fine Who may briÌ„g an actioÌ„ of forcible entry 18 None can pursue or maintaine this action of Forcible entry Fit Na. B. 248. but he who hath frÃ©ehold at the least in the lands or tenemeÌ„ts so entred vpon for tenant for terme of yÃ©eres or a copyholder cannot maintaine this action for that the words of the said stat of 8. H. 6. be If any person be put out Sta. 8. H. 6. 9 or disseised of any laÌ„ds c. and the words of the writ grounded vpon the said statute be Expulit et disseisiuit and tenant for terme of yÃ©eres or a copyholder caÌ„not be disseised sÃ©eing disseisin is alwaies of a frÃ©ehold which neither of them haue in that land But if tenant for terme of yÃ©eres or a copiholder be put out by force or put out peaceably after holden out with force of land which either of them doth hold by the said estate then vpon coÌ„plaint made by the party grieued to a I. of peace after inquisition thereof by a Iury the same force found the said Iust may reseise the said lands cause restitution thereof to be made to the party so put out for in this case the same coÌ„plaint may be made to the said I. of P. aswell by him in the reuersioÌ„ as by the tenaÌ„t for terme of yeres or copiholder sÃ©eing he in the reuersioÌ„ who is disseised of his frÃ©ehold by this forcible entry is may as well be termed the party grieued as the tenant for terme of yÃ©eres or the copyholder for their said particular estates And when the Iustice of peace hath made restitution the particular tenant for terme of yeares or copyholder and also he or they in reuersion shall hold and enioy their said seuerall estates in the same lands 4. 5. P. M. Di. f. 142. in such sort as they did before the said Forcible entry made But if tenant for terme of yeares be expelled out of that land which he so holdeth for the terme of yeeres he in the reuersion cannot bring an action of Forcible entry vpon the statute of 8. H. 6. for the same although it be a disseisin to him for that the expulsion is not done immediatly to him Fit Na Br. 248. 9. H. 6. 19. 19 If a man do enter by force into lands or tenements He that hath title entreth by force wherunto he hath right or title to enter doth put out him who hath the freehold of the same laÌ„ds in this case he who is so

Eliz. doth repeale as well the before mentioned statute of 1. H. 5. and all other statutes before that time made and prouided for forging of false deeds Lib. in t fol. 359. and hath ordained a new action of forger of false deeds to be founded vpon that Statute and other new remedies yet seeing both those statutes were made and prouided to one end viz. to auoid and punish the enormities of forgerie of false deeds to the disherison or hurt of others though vpon seuerall penalties Notwithstanding in some cases the like reason and so the same law is to be retained in the said statute of 5. Elizab. which was before in the first mentioned statute of 1. H. 5. As in action of Forger of false deeds 9. H. 6. 26. 20. H. 6. 11. 19. H. 6. 29. 21. H. 7. 15. 37. H. 6. 37. brought vpon the said statute of 1. H. 5. Pleas in bar of forgerie it is a good plea in barre for the defendant to plead not guiltie or that he did not forge that deed or to plead that he gaue to the plaintife a gallon of wine in satisfaction of the said offence which he did accept And so it is a good plea in barre in an action of forger of false deeds brought vpon the statute of 5. Elizab. and the same plea being confessed by the plaintife or found by verdict shall not onely barre the plaintife of the recouerie of his double costs and dammages but shall also discharge the defendant of all corporall punishments to be inflicted and of the forfeiture of the issues and profits of his land to the king For this is not a release or discharge after verdict but a discharge before verdict whereby the whole Action and sute is discharged and so not within the compasse of the said statute of 5. Eliz. 14. touching the plaintifes release or discharge after verdict Where one shall haue an Action of forgery though he hath but a right to the land 18 There be some cases where a man shall haue an Action of forger of false dÃ©eds though he hath neither possession reuersion or remainder but onely a title to the land As if a man die seised of certaine land and a stranger doth abate and enter vpon the same land before the entrie of the heire and holdeth out the heire and after the same abator doth forge some charter deed or other writing sealed of the same land to the intent to disturbe trouble or defeate the estate of the heire in the same in this case the heire may haue an Action of forger of false deeds against the same stranger though he hath then no possession reuersion or remainder in the same land And so it is 4. H. 6. 25. 22. H. 6. 15. 15. Ed. 4. 24. if one man doe disseise another man of land and after doth forge false deedes c. of the same land to the intent aforesaid the dissesee may maintaine an Action of forger of false deeds against the disseisor vpon the Statute of 5. Elizab. as he might haue done before vpon the Statute of 1. H. 5. for that his right and title to the same land is molested troubled defeated recouered or charged by the same forged deed And the same law is if a man doe bring a reall Action against an other of certaine land 9. Ed. 4. 37. and before iudgement one claiming a lease for the terme of yeares of the same land praieth to be receiued to saue his terme according to the Statute of Gloucester and doth shew his said lease which lease is forged Stat. 6. Ed. 1 11. In this case the Demandant in the saide Action may haue a writ of forger of false deedes against him that claimeth the said terme though he hath as yet nothing in possession reuersion or remainder in the same land but onelie a right for this lease is forged to â—he intent to defeate him of his right viz. of his present possession 19 If a man hath neither possession reuersion remainder or title of in or to land Where no Title no Action of forgerie and yet will bring against another an Action of forger of false deedes of the same land it is a good plea in barre for the defendant to pleade 21. H. 6. 51. 8. H. 6. 34. that hÃ©e himselfe is seised of the same land without that the plaintife hath any thing therein for if the plaintife hath nothing in the freehold or inheritance of the land nor any estate for yeares copihold or annuity in the same then he cannot be the party grieued in that Action neither his right title or interest of in or to the same can be molested troubled or defeated recouered or charged And the same law is if a man hath in land no mediate or immediate estate expectant vpon any lease or leases for life liues or yeares nor profit right of entry but onely a possibilitie 33. H. 6. 22. As if A. doe giue land to B. and the heires of his body lawfully begotten the remainder thereof to C. and his heires for euer If E. doe forge a deede containing that A. gaue same land to the said B. and the heires of his body lawfully begotten the remainder thereof to him the said E. and his heires for euer In this case C. cannot pursue an Action of forger of false deedes against E. during the liues of B. or of any of the heires of his body lawfully begotten for the said forgery sÃ©eing that during the said time his right title or interest into that land is not molested troubled defeated recouered No Action in respect of a possibilitie or charged for that he hath therein during that time but onely a possibilitie which possibilitie it may be shall neuer come into Esse And further C. cannot for the said forgery recouer double costs and dammages according to the said Statute of 5. Eli. for that he is not as yet a partie grieued nor damnified nor hath sustained any dammages neither peraduenture euer shall if B. and his heires doe continue from one generation to another and not die without issue of their bodies c. And of a bare possibilitie no value can be made neither single or double dammages assessed 18. H. 6. 5. 9. H. 6. 26. Kel fol. 114 20 If there be two Ioyntenants or tenants in common of land and a stranger doth forge a dÃ©ede concerning the same land Forging of a dÃ©ed touching ioyntenants land if one of those Ioyntenants or tenants in common doe bring an Action of forger of false dÃ©edes against the offender and the Defendant doe pleade that another hath an estate in Ioyntenancie or in common with the plaintife who is in full life this writ shall abate for sÃ©eing this Action is but in the nature of an Action of Trespas wherein the plaintifes are onely to recouer dammages Ioyntenants and tenants in common must ioyne in the same Action for though their right in

thing and things in all points as other Iustices of Assise in their circuits or Iustices of peace in the Counties by vertue of this Act be limited and appointed to do and execute for the punishment and correction of like offendors as beforesaid is limited Sauing to the partie grieued by such deceit such remedie by way of action The remedie of the partie grieued or otherwise of for the same money goods cattels iewels or other things so obtained as he might haue had if this Act had neuer bin made Any thing in this Act c. notwithstanding 26 Forgerie of writings hath bÃ©ene alwayes so hatefull in this realme that our law-makers haue pursued the practisers therof with sharpe and bitter punishment though in some cases the same was not put in vse to molest or euict any man of his land lease annuitie debt account action suit or other demaund nor to get into his hands any others goods cattels or iewels but only to escape the ordinance and censure of the law As by a statute made anno 5. Eliz. it is established St. 5. El. 7. That no person retained in husbandry or in certain inferior arts or faculties in the said statute mentioned shal depart out of one citie towne or parish into another nor out of the Lathe Rape Wapentake or Hundred nor out of the County or Shire where he last serued to serue in another Citie Towne Forging of a testimoniall c. vnlesse he haue a Testimoniall of the said Citie or town corporat from whence he departed or of the Constable or other officer c. And if any such person shall be taken with any counterfeit or forged testimoniall then he shal be whipped as a vagabond â§ Periurie Subornation of witnesses Truth tried by the othes of men 1 THe Law of the Realme desirous to trie out truth in all causes called in question before her to the end she might procÃ©ed in iudgement and execute iustice accordingly hath in all ages prooued it to bee the best meanes to search out this truth by the othes of honest lawful and indifferent persons intending that the man who doth professe God to bee his Creator RedÃ©emer and Sanctifier and hopeth to be saued by his blood when hee doth come in the presence of that God and his people and doth aduisely sweare that he will declare the trueth according to his knowledge in that matter in question as God shall help him which is to say as he will expect the blessing of God in this life and eternall saluation in the life to come is void of all partialitie and priuat affection in all respects to be credited and will tell the whole truth and nothing but the truth And therefore an othe is aptly termed Sacramentum a holy band or sacred tie or godly vow The credit of an othe some do call it firmameÌ„tum veritatis the foundation ground of truth and some other vinculum pacis a meane of the knot or lincke of peace And if it be taken and found by a whole Iurie consisting vpon twelue persons or aboue it is called veredictum viz. a presentment of truth And others doe hold it a ceremonie instituted by God wherein himselfe is a partie and therefore he will see it verified or sharply punished WÃ©e know that the proofe of most of our acts dÃ©eds and writings doe depend vpon the othes of others and whatsoeuer men do for their owne particular account most certaine is altogether in most cases vncertaine vnlesse it may be iustified by the othes of others As if one doe commit murder rape burglarie robberie or other offence whatsoeuer and it be denied and cannot be prooued by the othe of some other the offendor shall escape vnpunished for it And likewise if a man do buy land of another if the feoffor doe make him a dÃ©ed of feoffement thereof do seale and deliuer it and giue him possession and after will denie it vnlesse it can be prooued by the othe of some other the feoffÃ©e shall loose his land and money And so it is of leases annuities releases acquitances obligations bargaines contracts couenants promises offences entries disseisins and other matters in fait if they be denied trauersed and called in question the proof and validitie of them doth depend wholly vpon the othes and testimonie of others And there is no case so plaine which commeth in question betweene partie and partie but one of the parties to the sute may pleade such a plea as shall come to be tried by the othes of others 2 Therefore as the Lawe doth reuerently respect the othes of men What sorts of persons are to be deposed taketh her intelligence of matters in fait from them doth cleaue leane vnto them and giueth such credite and approbation vnto them that shÃ©e doth found and build her iudgements in most cases of greatest importance vpon them So shÃ©e retaineth a vigilant and carefull eye that those othes be taken by men of sinceritie of life and maturitie of iudgement persons not stained with Periurie or other grÃ©euous or foule offences men indifferently affected and such as will in swearing respect the trueth of their knowledge and not the face of the person for if shÃ©e espie any of those defects in him she doth either wholly reiect his othe or else shÃ©e giueth little or no credite vnto it and further inflicteth condigne punishment vpon him according to his desert Mag. Char. 9. H. 3. 29. 3 And because the King himselfe at his Coronation is sworne that iustice shall be solde deferred or denied to no man nor that any man shall be condemned but by lawfull triall and euery of his Iudges be sworne that hÃ©e shall doe equall Lawe and execution of iustice to all the Kings Subiects Sta. 18. Ed. 3 rich and poore without hauing regard to any person All the parties to the execution of iustice sworne Therefore the law hath deuised that those Iudges before whome any cause is called in question and is brought to an issue shall be informed of the trueth of that issue by the othes and verdict of twelue Iurors who are impannelled returned and sworne to trie that issue to the end the same Iudges may ground their iudgement thereupon and so doe equall iustice to the parties according to their oathes and also that the saide Iurors shall be ascertained of the veritie of the fact by the Othes of witnesses or other euidences that they may giue their verdict thereupon according to their Othes And sÃ©eing those Iurors being the greatest number of persons that be vsually sworne for the furtherance and execution of iustice be returned by the Shiriffe of the Countie where the cause dependeth in question his vndershirife or the Bailife of some Libertie or for some default in them by the Coroners Therefore the Lawe hath further ordained that the saide Shiriffe Vndershiriffe or c. shall be indifferent persons of themselues and also deale vprightly

Iurors to enquire of riots rout or vnlawfull assembly shall be committed which shall be returned by the Sherife to enquire thereof shall haue lands and tenements within the same shire to the yearely value of xx s. of Charter land or freehold or twentie sixe shillings eight pence of copiehold or of both aboue all charges But in that case by the Statute of Anno 2. H 5. St. 2. H. 5. 8. if they be returned by the Coroners then euery of them shall haue lands and tenements or rents to the yearely value of tenne pounds at the least By the Statute of Anno 1. St. 1. R. 3. 4. R. 3. it was enacted That no officer shall returne in any panell to be taken or put in Iurors in the sherifs Turne or vpon any inquisition or inquirie before the Sherife in his Turne other than such which bee of good name and fame and which haue lands or tenements of freehold within the same countie to the yearly value of xx sÌ„ at the least or else copyhold lands to the yearely value of xxvj sÌ„ viij d. at the least aboue all charges By the Statute of AnÌ„ 8. H. 6. Sta. 8. H. 6. 9 it was prouided That euery person which shall be returned to inquire of any forcible entrie into lands Iurors to inquire of forcible entrie or detayning of lands by force shall be a sufficient indifferent person and shall haue lands and tenements to the clÃ©ere yearely value of xl sÌ„ By the Statute of AnÌ„ 1. H. 8. it was established Sta. 1. H. 8. 8. That euery Iuror which is returned before any escheator Iurors returned before Escheators or commissioner to inquire of lands or tenements or some other to his vse shall haue lands or tenements of the yearely value of xl s. aboue all charges in the same shire where the inquirie shall be made St. 11. H. 7. 21. 23. H. 8. 3. 37. H. 8. 5. And by the stat made AnÌ„ 11. H. 7. AnÌ„ 23. H. 8. AnÌ„ 37. H. 8. The Iurors returned vpon an attaint in London or els where shal be of more or greater ability in lands tenements goods or cattels then is before specified 16 The law hauing first vsed al good deuises to cause shirifes vndershirifes Bailifes of liberties coroners al others authorized to return impannel Iuries to be indifferent to returne the said Iuries Iurors without al partiality that they shal be no furtherers maintainors nor assistors to periury subornation or embracery also hauing prouided that all those Iurors which be so returned vpon Enquests to try issues betwÃ©en party party may again one by one be sifted tried examined whether they standing vnsworne be indifferent or not She doth then expect to receiue from those Iurors VeredictuÌ„ a true tale that is to say a true verdit or presentment of such things as be giuen them in charge according to their euidence But if the same Iurors will decline from truth and make a false presentment contrarie to their euidence then is it not to be termed Veredictum but Periurium and it will be returned to them as Maledictum for by the common Law they being attainted by the verdict of xxiiij other Iurors shall receiue a cursed and villanous iudgement therefore viz. the said Iurors shall loose the frÃ©edom of the Law their wiues children shall be thrust out of their houses Fit Ass 396. 46. Ed. 3. 23. 42. Ed. 3. 26 6. Assiâ— p. 7. 30. Ass p. 24 40. Ass p. 20. 41. Ass p. 18. Li. Int. fo 92 The iudgement in an at the common law of a Iury proued periured their houses shall be pulled downe to the ground their orchards gardens shall be supplanted their trÃ©es shall be digged vp by the roots their meadowes shall be eyred vp All the goods cattels which they had at the time of the Attaint brought or at any time after shal be forfeited to the King The King shall haue all the profits of their lands during their liues And they shall be committed to perpetuall prison Which iudgement was deuised many yeres put in execution to the intent it might be knowen how much the common Law did detest and punish wilfull Periurie and falshood in those who shÃ©e trusted in place of justice and from whom shÃ©e accompted to receiue truth 17 But sithence by the Statute of AnÌ„ 11. H. 7. and AnÌ„ 23. H. 8. the said iudgement against a petit Iurie attainted is in some cases altered and qualified Sta. 11. H. 7. 21. for by the Statute of 11. H. 7. it is ordained That the party grieued by any false verdict giuen in any of the Courts of the Citie of London shall and may sue Attaint by Bill in the Hustings of London The iudgement in Attaint in London holden for common Pleas before the Maior Aldermen of the same Citie And if the graund Iurie sworne in the same Attaint find that the petit Iurie haue giuen an vntrue verdict then the iudgement shal be against the defendant as is vsed in attaint sued by writ at the common Law And the iudgement shall be against the petit Iurie that euery of them shall loose xx li. or more by the discretion of the Maior and Aldermen of the said Citie kÃ©eping the Hustings to such vses as other issues and penalties bÃ©en forfeited in any action or plaint commenced before the Mayor and Aldermen of the said citie and his bodie to bee imprisoned there to remaine without baile or mainprise vj. moneths or lesse by the discretion of the Mayor and Aldermen and to be disabled for euer to be sworn in any Iurie before any temporall Iudge But the iudgement in such Attaint shall not extend to any lands or tenements St. 23. H. 8. 3 An. 13. El. 25. ne to other punishment of the petit Iurie And by the before mentioned Statute of Anno 23. H. 8. it was enacted That vpon euery vntrue verdit giuen betwÃ©ene partie and partie in any suit plaint or demaund before any Iustices or Iudges of Record where the thing in demaund and verdict thereupon giuen extendeth to the value of fourtie pounds An attaint where the thing eetendeth to xl l. and concerneth not the ieopardie of mans life the partie grieued by the same verdict shall haue a writ of Attaint against euery person so giuing an vntrue verdict and euery of them and against the partie which shall haue iudgement vpon the same verdict And euery one that shall passe in the same Attaint shall haue lands and tenements to the value of twentie markes by yeare of frÃ©ehold out of auncient demesne And if the graund Iurie find that the petit Iurie gaue an vntrue verdict then euery of the said petit Iurie shall forfeit twentie pounds whereof one halfe shall be to the King and the other halfe to him that sueth to be leuied by Capias ad satisfaciendum fieri facias

dispose or otherwise imploy or suffer or cause to be paid disposed or imploied to any of the foresaid vses or to any of the like vses aboue the terme of 20. yeares next after the first making and beginning of any such vses shal be vtterly voide But for the preuenting of collusion and fraud which might bee deuised for the further establishing or corroboration of such vses by the said Statute of an 23. H. 8. Collaterall conueyaunces to defraud the assurance to Churches it was moreouer prouided That if any person or persons in defraud of the said Statute doth bind or ordaine any of their heirs or successors or any other persons that they shall suffer such vses intents or purposes to continue contrarie to the said statute vpon paine of losse of any other lands or of any other thing or doe deuise by any colour craft or meanes any thing to make such vses declared contrarie to the meaning of the said Act to continue for any longer time then is aboue limitted for the same Then euerie such penaltie craft colour and euery other thing that is made or deuised in defraud of the said act shal be voide for the said Statute shal be interpreted as beneficiallie as may be to the destruction or vtter auoyding of the vses aboue remembred and of all other like other then such as are before expressed Co. lib. 1. 26 Notwithstanding the foresaid Statute of AnÌ„ 23. H. 8. To what vses lands may be giuen it is lawfull for any person at this day to giue his lands tenements or hereditaments to any person or persons to his or their heirs for to find a preacher for the maintenaÌ„ce of a Schoole for the reliefe of maihemed souldiers for the sustentation of poore people for the reparation of churches highwayes bridges cawseis for the discharge of the poore inhabitants of a towne of coÌ„mon charges for to make a stock for poore labourers in husbandrie poore apprentices for the mariage of poore maids or for such other charitable vses for the said stat was made onely to restraine the assuring of lands to superstitious vses and not to charitable vses And in this case it shal be expedient that the feoffor which doth assure his land to any of the vses aforesaid doe reserue to himselfe some annuall rent or take some money of the feoffÃ©es at the first for then the feoffement or assurance shal be good to the feoffÃ©es and their heires though the vse be vnlawfull And it appeareth by the stat made an 43. Stat. 43. El. 4. El. that they be accounted good and charitable vses no superstitious vses to giue lands tenements rents annuities profits hereditaments goods chattels money and stocks of money for the reliefe of aged impotent and poore people or for the maintenance of sicke and maihemed souldiers mariners schooles of learning frÃ©e schooles schollers in Vniuersities or for repaire of bridges ports hauens cawseys churches sea-baÌ„ks high waies or for education or preferment of orphans or for or toward reliefe stocke or maintenance for houses of correction or for mariage of poore maids or for supportation helpe ayd of yong trades-men handicrafts-men and persons decaied or for reliefe or redemption of prisoners or captiues or for aid or ease of any poore inhabitants concerning paiment of fifteens setting out of souldiers and other taxes For the said Stat. of 43. El. doth giue authoritie to the L. Chauncelor the L. KÃ©eper c. to the Chauncelor of the Duchie to award commissions from time to time into all or any parts of this Realme to certaine persons to enquire of al singular such gifts assignments appointments and of the abuses breaches of the truce negligences misimployments not imploying concealing defrauding misconuerting or misgouernment of any lands tenements rents c. goods chattels money c. heretofore giuen or assigned or which hereafter shal be giuen limited or assigned to or for any the charitable or godly vses before rehearsed And after such enquiry hearing and examining thereof to set downe such orders iudgements and decrÃ©es as the same lands tenements rents goods money c. may be duly and faithfully imployed to and for such of the charitable vses and intents aforesaid respectiuely for which they were giuen or appointed by the donors and founders thereof 26 Because when tenants for terme of life tenants in dower or by the curtesie of England or tenants after possibilitie of issue extinct were impleaded they would often be of couin with the demandants that the tenemeÌ„ts demanded should be recouered against them they would not pray in ayde nor vouch to warrantie them in the reuersioÌ„ but plead in chiefe such a plea wherby they knew the tenements should be lost for the preuention and eschewing of which couin St. 13. R. 2. 16. by a stat made an 13. R. 2. it was ordained That if any such tenant be impleaded and he in the reuersion come into the Court and prayeth to be receiued to defend his right at the day that the tenant doth plead to the action or before he shal be receiued to plead in chiefe to the action without taking delay by voucher ayd-prayer nonage or other delay whatsoeuer Couin by a particular tenant to defraud him in the reuersion so that after such receipt he shal haue no delay by protection essoine of the Kings seruice or common Essoine but the sute shal be hastened as much as it may be by the lawe And dayes of grace shal be giuen by discretion of the Iudges betwixt the demaundant and him which is receiued and not the common daies giuen in pleas of land except the demaundant will thereunto assent to the intent the demaundant shal not be too much delaied which must plead with two aduersaries And he in the Reuersion which praieth to be receiued shall finde sureties for the issues of the Land aswel where the receite is counter-pleaded as where it is grauted Stat. West 2. 13. Ed. 1. 3 And by the Statute of Westminster 2 it was established That if by default or yeelding of such tenant in dower or c. iudgement shal be giuen then the heyres or they which haue the reuersion shal recouer after the death of such tenants by a writ of Entrie ad communem legem The wiues receit vpon the husbands default And by the same Statute of Westminster 2. it is also ordained That if in an Action brought against the husband and the wife of lands which bee the right of the wife the husband will absent himselfe and will not defend his wiues right or will against his wiues consent yeeld the land If the wife wil come before iudgement and be ready to answere to the demaundant and to defend her right she shal be thereunto admitted And for the further auoiding of Couin in Recoueries suffred by particular tenants by the Statute of Anno 14. Eliz. it was enacted Stat. 14. El. 8.

of his saide houses or buildings to fall downe or runne in decay and after doe make any dÃ©ede of gift alienation or other conueyance of his moueable goodes or cattells in his life time to the intent after his death to defeate his successors of such iust Actions and Remedies as otherwise they might haue had for the same against their executours or the administratours of their goods Then the Successours of him which shall make such dÃ©ede c. shall and may commence sute and haue such remedy in any Court Ecclesiasticall within this Realme competent for the matter against him or them to whom such dÃ©ed of gift or alienation shall be so made for the amending and reparation of such Dilapidations or iust recompence for the same as hath hapned by his fact or default in such sort as he might should or ought lawfully to haue if he or they to whom such dÃ©ed of gift were made were executor of him that made such dÃ©ede c. or administrator of his goods c. 36 For the auoiding and preuenting of couin or collusion in suing of Actions popular which haue bin ordained from time to time to restraine and punish seuerall sorts of offenders and to the intent that the penalties of those Statutes might indÃ©ede be imposed vpon the transgressors thereof and the same offences might not be shadowed and the meaning of the makers of those Statutes might not be deluded by the couenous deceitfull and fraudulent sutes of the same offenders friendes whose practises haue bÃ©ene to couer and not to punish the same offences by a Statute made Anno 11. H. 7. St. 11. H. 7. 20. it was established That if an Action popular be sued against any man by cellusion An Action popular sued by Collusion and the plaintife in the same doe recouer against the defendant or be barred any other person may after sue against the same defendant another Action popular with good faith and shall in the same recouer and haue execution if the Recouerie or barre in the first Action be found to be by couin And the defendant beign attainted of Couin shall haue two yeares imprisonment by processe of Capias and Vtlarie to be sued within the yeare after iudgement giuen or at any time after vntill the defendant be had and imprisoned and that aswell at the Kings suite as at euery other persons that will sue in that behalfe And no release of any common person made to any partie before or after an Action popular or indictment hanging shall be auaileable to let or surcease the said Action indictment processe or execution Prouided alwaies No couin shal be auerred where there hath bÃ©ene triall by verdict that no plaintife or plaintifes be in any wise receiued to auerre any couin in any action popular where the point of the same Action or else collusion haue bÃ©ene once tried or lawfully found with or against the plaintife by triall of twelue men and not otherwise St. 13. Eli. 7. 37 By the Statute made Anno 13. Elizab. intituled An Act touching orders for Bankerupts Fraudulent possessing of Bonkerupts lands goods or debts amongst other things it is enacted That if at anie time before or after that any such person viz. a Bankerupt departeth the Realme or shall kÃ©epe his house or otherwise absent himselfe or take Sanctuarie or suffer himselfe to be arrested outlawed or yÃ©elde his body to prison any person doe fraudulently by couin claime demaund recouer possesse or detaine any debts dueties goods cattels lands or tenements by writing trust or otherwise which were or shall be due or appertaine to any such offendor other than such as hÃ©e can and doth prooue to be due by right and conscience for money paid wares deliuered or other iust consideration to the iust valew thereof before the Commissioners thereunto authorized or the more part of them and the same to procÃ©ed bona fide without fraud or couin Then euery such person so craftily demaunding claiming hauing or possessing any such debt shall forfeit double as much as he shall so claime demaund detaine or possesse which said forfeiture shall be recouered leuied and imployed for the payment of the Creditors debts 38 Forasmuch as it was oftentimes put in vre to the defrauding of Creditors that such persons as were to haue the administration of the goods of others dying intestate committed vnto them if they require it would not accept the same but suffer or procure the administration to be graunted to some stranger of meane estate and not of kinne to the intestate from whom themselues or others by their meanes did take dÃ©edes of gift and authorities by letter of Atturney whereby they obtained the estate of the intestate into their handes and yet stood not subiect to pay any debts owing by the said intestate and so the creditor for lacke of knowledge of the place of habitation of the Administrator could not arrest him nor sue him and if they fortuned to finde him out yet for lacke of abilitie in him to satisfie of his owne goods the valew of that hÃ©e had conueied away of the intestates goods or released of his debts by way of wasting the creditors could not haue or recouer their iust and due debts For reformation whereof by a Statute made Anno 43. Fraudulent administratioÌ„ of intestates goods Elizab. it was ordained St. 43. El. 8. That euery person and persons that hÃ©ereafter shall obtaine receiue or haue any goods or debts of any person dying intestate or a release or other discharge of any debt or duety that belonged to the intestate vpon any fraud as is aforefaid or without such valuable consideration as shall amount to the valew of the same goods and debts or nÃ©ere thereabouts except it be in or towards satisfaction of some iust and principall debt of the valew of the same goods or debts to him owing by the intestate at the time of his decease shall be charged and chargeable as Executor of his owne wrong and so farre onely as all such goods and debts comming to his hands or whereof he is released or discharged by such Administrator will satisfie Allowance of iust debts and other lawfull payments deducting neuerthelesse to and for himselfe allowance of all iust due and principall debt vpon good consideration without fraud owing to him by the intestate at the time of his decease and of all other payments made by him which lawfull Executors or Administrators may and ought to haue and pay by the Lawes and Statutes of this Realme 39 By a Statute not imprinted made Anno 27. H. 8. it was enacted St. 27. H. 8. That all craftie and fraudulent Recoueries feoffements estates giftes grants and leases and euery of them made by any of the chiefe gouernours of such religious houses Fraudulent conueiances of Abbey laÌ„ds as were giuen to the King by that Statute viz. of such as had not in lands aboue two hundred pounds by the

their owne vse and in the said Lands and Tenements did commit wast and destruction to the disheritance of them in the reuersion For the restraint and punishment of which said offence being both an oppression and also a fraud and deceit St. 11. H. 6. 5 Fit N.B. 59 by a Statute made Anno 11. H. 6. it was ordayned That they in the reuersion in such case may haue and maintaine a writ of Wast against the said Tenants for terme of life anothers life A termor alieneth his estate occupieth the land coÌ„mitteth wast or for yeares and so recouer against them the place wasted and their treble dammages for the wast so by them done as they ought to haue done for the wast done by them before the said Graunt and Lease of their estate Prouided That this Ordinance shall not hold place but where the first Tenants before the Graunt and Lease of their estates in the manner and forme abouesaid were punishable of wast and also where after the said Graunt and Lease the said first Tenants of the said Landes and Tenements do take the profits at the time of the wast done to their owne proper vse And though the wordes of the said Statute doe giue an action of Wast in the case aforesaid but onely to him in the reuersion Co. li. 5. 77. yet he in the remainder also being in the like mischiefe shall or may take the benefit thereof and maintaine an action of Wast in this case against his particular Tenant for life or yeares if eyther of them doe commit wast to his disheritance And whatsoeuer the intent of the Grauntor is in the case aforesaid yet if the GrauntÃ©e doe assigne his Lease take the profits thereof and commit Wast he is punishable according to the sayd Statute for his intent shall not be issuable nam exitus acta probat viz. the taking of the profites doe sufficiently expresse his intent and euery assignÃ©e of the first Tenant mediat or immediat is within the compasse of this Statute for the Statute was made to suppresse Fraud Wast and Oppression And so was the Statute of Westminster the second bÃ©eing made and prouided to restraine Wast and Oppression committed by one Tenant in common to the preiudice and disheritance of another by which it was ordayned St. 13. E. 1. 22 That whereas two or more doe hold Wood Wast coÌ„mitted by a tenant in common Turbarie Fishing or such like things in common wherein none knoweth his owne seuerall and one of them doth commit Wast against the will of the other an action of Wast may lye and when it is come vnto iudgement the defendant shall chuse eyther to take his part in a place certaine by the assignement of the Shirife and by the view and oath of his neighbours sworne and tryed for the same intent or els he shall grant to take nothing from thenceforth in the same Wood 3. E. 1. Wast 25. 50. Ed. 3. 3. Turbarie and such other but as his parteners will take And if he doe chuse to take his part in a place certaine the place wasted shall be assigned for his part according as it was before he committed the Wast And because the before rehearsed statute of Marlebridge doth expresse in generall termes in what thinges Wast may be committed as in Houses Woods and Men and the words of the writ of Wast in the Register be Quare fecit vastum venditionem seu destructionem de terris domibus Boscis Gardinis and the foresaid Statutes of Anno 6. Edw. 1. 13. Edw. 1. and 11. H. 6. doe declare who are forbidden to doe that Wast and sÃ©eing Wast in Lands Houses Woods or c. is a great wrong and oppression to him or them in reuersion or remainder of the same therefore I will somewhat particularly explaine which the Law doth construe and expound to be Wasts prohibited and punishable by the foresaid Statutes or either of them to the intent that both he that hath the inheritance and also the particular Tenant may know what is due to either of them in respect of their seuerall estates and what to take and what to leaue And to begin with the words of the Writ touching Wast in Land Wast in land If one person doe demise or conuey to another for the terme of yeares life or c. Land 22. H. 6. 18 2. H. 7. 14 17. E. 3. 7. 9. Ed. 4. 35. Co. li. 5. 11. Fit Nat. Br. 149. Lib. in t 6â—6 where there is included in the bowels of the earth Tynne Yron Lead Coale Stone Grauell Morter Sand Chalke or Marle if the Myne or Pit thereof be not open when the LessÃ©es estate or terme doth begin the said Tenant may not open the ground make a new Myne and take the same Coale Stone Grauell or c. for if he doe it is Wast of the land and he in the reuersion or remainder may punish him therefore by an action of Wast For whereas there was assured to the Tenant but Vesturam terrae and the annuall profit of the Land hÃ©e hath digged and carried away the Land it selfe and impaired the inheritance thereof for euer But if there bÃ©e a Myne or Pit open in any part of the ground so demised or assured at the time of the Lease or assurance thereof or at the time when the estate of the Tenant did begin then the Tenant may digge there and take and carry away so much of the Coale Stone Grauell as shall be necessarily vsed or imployed for or towards the repaire or maintenance of the House Land or other commodities therewith demised and it is no Wast But if he do giue sell 41. E. 3. Wast 82. or otherwise dispose the same to any other person place or vse sauing as is aforesaid then for so much as he shall so mis-imploy it is Wast If one person doe lease or assure his Land to another and all the Mynes or Pits therein for yeares life Co. li. 5. 11. or c. the LessÃ©e may open and digge the ground for Coale Morter Stone c. and take and carry away the same though there was not any Myne open at the time of the Lease or estate made For by the assurance it doth appeare that the Lessor was contented that wast should be made in any part of the ground leased by myning or digging and in this case the LessÃ©e may sell or otherwise dispose the same Coale Stone Marle or c. at his pleasure 17. Ed. 3. 7 for it is as much as if the Lease or assurance had bÃ©ene made to the Tenant without impeachment of any manner of Wast to be committed by Mynes Pits or diggings If the Tenant for yeares life or c. doe eyre plough vp and conuert into Tillage or Wood ground an auncient and vsuall mâ—wen Meddow it is Wast and so it is 15. H. 3. Wast 131. 46. Ed. 3. Wast 91. if he doe drowne or

triall by battel in that case so doth it ratifie and confirme the euent and successe thereof to be iustifiable And the law depending vpon the iudgement of God who giueth victory according to the truth hath assigned either of theÌ„ to doe execution of iustice vpon the other as it hath assigned the Sherife to do execution of iustice vpon him that after verdict confession or outlawrie is condemned to die Homicide vpon necessitie 11 Homicide vpon necessitie as before is said is when one man killeth an other with griefe of mind and sorrow of heart and beeing enforced vnto it therby to deliuer him selfe or that which is his or some other persons that he is bound to defend from further petill which otherwise cannot be auoyded and this homicide is by law iustifiable As if one or diuers persons come to a mans house to burne his house Homicide in dâ—fence of his house from burning but he or they doe not burne it 26. As p. 23 if the owner of the house or any of his seruants doe shoote forth of the house Co. l. 5. 91. and kill the offendors or any of them this is homicide by necessitie in defence of his house and not felony Lex Alâ—re di And in like sort if one or more come to a mans house to rob him Homicide in defence of a man â—rom robbery and the owner or any of his seruants or company being with him in the house doe kill the offendors or any of them this is homicide by necessitie in defence of his goods and thereby iustifiable for a seruant may iustifie the killing of an other in defence of his masters person 21. H. 7. 39. or house if the offence can not be otherwise auoided And he may iustifie the killing of him who robbed and killed his Master 26. Ass p. 23 so that he doe it presently And if one doe attempt to robbe an other being out of his house and pursueth him to that end 26. As p. 32. the true man may kill the offendor and shall be discharged thereof without any forfeiture or suing of the Kings pardon And so shall he in the other former cases where anie doe attempt to burne or robbe a mans house for a mans house is his Castle out of which the Lawe will not compell him to flie 21. H. 7. 39. 12 Forasmuch as it was in question and doubt if any euill disposed person or persons doe attempt feloniously to robbe or murder any person or persons in or nigh any common high way cart way horse way or foote way or in their mansion messuages or dwelling places Or that feloniously do attempt to breake any dwelling house in the night time should happen being in their such felonious intent to be slaine by him or them whom the said euill doers should so attempt to robbe or murder or by any person or persons being in the dwelling house which the same euill doers shall attempt burglarily to breake by night if the saide person so happening in such cases to slay any person so attempting to commit such murder or burglarie should for the death of such euill disposed person forfeit and loose his goods and cattells for the same as any other person should doe that by chaunce medley should happen to kill any other person in his or their defence for the declaration of which ambiguitie and doubt by a Statute made Anno 24. St. 24. H. 8. 5 H. 8. it was enacted That if any person or persons shall be indicted or appealed for the death of any such euill disposed person or persons attempting to murder robbe No forfeiture for homicide vpon necessitie or burglarily to breake mansion houses as is aforesaide that the person or persons so indicted or appealed thereof and of the same by verdict so found and tried shall not forfeit or loose any lands tenements goods or cattells for the death of any such euill disposed person in such manner slaine but shall be thereof and for the same fully acquited and discharged in like maner as the same person or persons should be if he or they were lawfully acquited of the death of the said euill disposed person or persons 13 But if one man doe come in the day time to an other mans house Killing another in his owne defence in his owne house and doth make an assault vpon him in his owne house Fi. Cor. 305 and doth fight with him if the owner of the house doe slay the assailant in his owne defence the owner of the house shall forfeit his goods and be driuen to sue for the Kings pardon except that it be prooued and found that the assailant came also to robbe the other in his house 14 Homicide in a mans owne defence ought to be so great Necessitie ineuitable is requisite in homicide in his owne defence and vpon such necessitie that it must be estÃ©emed to be ineuitable or otherwise it will not excuse for hÃ©ere the killer of the man hath not to doe with a felon as in some of the former cases but with a lawfull and true man And it is not materiall whether the person that did kill or the person which was slaine did beginne the fray but the whole matter will consist vpon the ineuitable necessity without the which the killing is by no meanes excusable The definition of homicide in his owne defence And therefore the true definition of Homicide in his owne defence is when the assailant doth make a fray Fi. Cor. 284 286. 287. 297. or offer force to the defendant and doth strike him the defendant doth flÃ©e so far as he can for sauing of his life so that he is come to a straite beyond the which he cannot flie and the Assailant doth continue his assault whereupon the defendant doth strike the assailant and doth kill him this is homicide in his owne defence For if the defendant could haue auoyded the assailant and did not but when the assailant did strike him 43. Ass p. 31 he did strike him againe and killed him this is felonie in the defendant And though the defendant doth giue to the assailant diuers wounds yet that is not materiall if he flie to a straite before he doth giue him the mortall wound for the Law doth allowe that iustifiable which a man doth in defence of his owne person And yet in the case aforesaid if the defendant vpon malice prepenced doth strike another and theÌ„ flie to a wall or straite and the other doth pursue and strike him Fi. Cor. 387 and the defendant who fled doth kill the pursuer this is murder and not homicide in his owne defence for the malice prepenced was the ground and beginner of this homicide and not necessitie ineuitable Where in homicide in his owne defence goods shall be forfeit and where not 15 One man did strike another to the ground 44. Ass p. 17 and then

to the next Sessions for the Peace and Gaole deliuerie next ensuing after the sayd yeare And if any such person retained depart within the yeare Departing without liceÌ„ce without the licence of him that so retained him then to be indicted tried and iudged as a felon and not to haue the benefit of his Clergie 33 By a Statute made Anno 31. Elizab. St. 31. El. 4. it was established Imbeciling the K. Armor c. That if any person or persons hauing at any time hereafter the charge or custodie of any Armour Ordnance Munition Shot Powder or Habiliments of Warre of the QuÃ©enes her heires or successors or of a Victuals prouided for the victualing of any Souldiers Gunners Mariners or Pioners shall for any lucre or gaine or wittingly aduisedly and of purpose to hinder or impeach her Maiesties seruice imbecile purloyne or conuey away any the same Armour Ordnance Munition Shot or Powder Habiliments of Warre or Victuals to the value of twentie shillings at one or seuerall times then euerie such offence shall bÃ©e adiudged Felonie and the offendor and offendors therein to be tried procÃ©eded on and suffer as in case of Felonie The suit within a yere after the offence But none shall bÃ©e impeached for any offence against this Statute vnlesse the same impeachment bÃ©e prosecuted or begun within a yeare next after the offence done And this Act nor any attainder or attainders of any person or persons for any offence made felonie by this Act shall in any wise extend or bÃ©e interpreted to make the offendor or offendors to forfeit any lands tenements or hereditaments any longer than during his or their life or liues or to make any corruption of blood to any the heire or heires of any such offendor or offendors No corruptioÌ„ of blood or forf of dower or to make the wife of any such offendor to loose or forfeit her dower or title of dower of or in any lands tenements or hereditaments or her action or interest to the same Proofe in discharge of the offendor any thing in this Act c. notwithstanding And such person or persons as shall be impeached for any offence made felonie by this Statute shall by vertue of this Act bee receiued and admitted to make any lawfull proofe that hÃ©e can by lawfull witnesse or otherwise for his discharge and defence in that behalfe any law c. notwithstanding Cutting downe of Powdike 34 By a Statute made Anno 22. H. 8. and reuiued Anno 2. 3. St. 22. H. 8. Ph. Mar. it was ordained That euerie peruerse and malitious cutting downe and breaking vp of any part or parts of the dike called new Powdike in Marshland in the Countie of Norffolke and the broken dike otherwise called Oldfield dike by Marshland in the isle of Ely in the Countie of Cambridge or of any other banke bÃ©eing parcell of the Rinde and vttermost part of the causey of Marshland aforesaid made for the defence and saluation of the sayd countrey of Marshland at euerie time and times from henceforth committed and done otherwise than in working of the sayd bankes or dykes for the fortifying repayring and amending of the same shall bee taken reputed and adiudged Felonie And the offendors and doers of the same and euerie of them shall bÃ©e adiudged and reputed felons And the Iustices of Peace of the sayd Counties of Norffolke and Cambridge within the sayd isle at euerie of their Sessions within the same isle and Counties to be kept shall haue power to cause inquirie to bÃ©e made of euerie such offence so at any time in forme aforesayd hereafter to bÃ©e done and committed and to award like Proces against euerie of the sayd offendors with like iudgement and execution of the same if they or any of them bÃ©e found guiltie by verdict or otherwise as the sayd Iustices haue vsed to do vpon other felonies being felonie by the common law Taking the othe for the Kings title 35 By a Statute made Anno 3. Iac. 4. it was enacted St. 3. Iac. 4. That euerie subiect of this Realme that after the tenth day of Iune next comming shall goe or passe out of this Realme to serue any forreine Prince State or Potentate or shall after the sayd tenth day of Iune passe ouer the Seas and there shall voluntarily serue any such forreine Prince State or Potentate not hauing before his or their going or passing taken the othe viz. That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme c. before the officer thereunto appointed shall be a felon And if any Gentleman or person of high degrÃ©e or any person or persons which hath borne or shall beare any office or place of Captaine Lieutenant or any other place charge or office in Campe Armie or Companie of Souldiers or Conductor of Souldiers shall after go or passe voluntarily out of this Realme to serue any such forrein Prince State or Potentat before that he and they shal become bound with two such suerties as shall be allowed of by the officers by this Act limited to take the said bond vnto the K. his heires or successors in the summe of xx.l. of currant English money at the least bound not to be reconciled nor to make conspiracie with condition to the effect following he shall be a felon viz. That if the within bounden c. shal not at any time theÌ„ after be recoÌ„ciled to the pope or sea of Rome nor shal enter into or consent vnto any practise plot or conspiracie whatsoeuer against the Kings Maiestie his heires and successors or any of his or their estate and estates realms and dominions but shall within coÌ„uenient time after knowledge therof had reueale disclose to the K. Maiestie his heires and successors or some of the Lords of his or their priuie Counsell all such practises plots and conspiracies then the said Obligation to be void St. 43. El. 13 36 By the stat made Anno 43. El. it was ordained Forcible carrying any person out of Cumberland c. That whosoeuer shall at any time hereafter without lawfull authoritie take away any of the K. subiects against his or their will or wils and carrie them out of the counties of Cumberland Northumberland Westmerland and the Bishopricke of Durham or to any other place within any of the said Counties or detaine force or imprison him or them as prisoners or against his or their wills to ransome them or to make a prey or spoyle of his or their person or goods vpon deadly fewd or otherwise Or whosoeuer shal be priuie consenting aiding or assisting to any such taking detaining or carrying away of any such person or persons as aforesaid Or whosoeuer shall take receiue or carrie to the vse of himselfe or wittingly to the vse of any other any money corne cattell or other consideration commonly called Blacke mayle for the protecting or defending of him or

before iudgement so that it did not appeare by the iudgement of Lawe that he was principall both the accessorie before and the accessorie after the manslaughter were discharged And so it is if the principall vpon his arraignement doth confesse the felonie S. Br. 51. and before iudgement hath his pardon or cleargie allowed the accessorie shal be discharged 31 There be two maner of attainders Two attainders wherof the one is vpoÌ„ apparance that is to say by confession verdict or battell the other is by default vpon proces of outlarie And in both cases the principall ought to be attainted before the accessorie as it doth appeare by these words of the Statute of West 1. viz. St. Ed. 1. 14. No person shal be outlawed vpon appeale of commaundement force The principall shal be attainted before the accessorie aide or receit vntill he that is appealed of the fact be attainted and one lawe shal be kept thorow the whole realme But he that will appeale shall not let to attach his appeale at the next County aswel against the accessorie as against the principall and yet the Exigent shall stay vntill the principall be attainted by outlawrie or otherwise And to the like effect be these words of the statute of Officium Coronatoris St. 3. Ed. 1. If any be appealed of an act done as principal they that be appealed as accessorie shall be attached and surely kept vntill the principall be attached 32 The foresaide Statute of Westm 1. is to be intended of appeales commenced by Bill Appeales coÌ„menced by writ or Bill but not of appeales commenced by Writ for of appeales commenced by writ there doth not appeare any to be accessorie 43. Ed. 3.18 vntill the count be made which is not made vntill there be an apparance of the accessorie And therefore in that case where the appeale is commenced by writ if the plaintife will pray an Exigent against them all 7. H. 4.27 he is thereby concluded to count against any of them as accessories for if he should so doe he ought not to haue had the Exigent against them vntill the principall had bÃ©ene outlawed and therefore therein he is concluded Principall shal be attainted before the Exigent against the accessorie 33 Where the wordes of the foresaide Statute of Westminster be That he which is appealed of the fact shall be attainted before the accessorie be outlawed If at the time that the accessorie is come to the Exigent the principall doth appeare and so the processe is determined against him 7. H. 4. 36. Notwithstanding because he is not as yet attainted the Exigent shall not be awarded against the accessorie vntill the principall be attainted And this is to be intended where the accessorie doth not appÃ©ere but maketh default S. Triall by the Country 8. 34 If Processe be awarded against the principall and accessorie and the principall maketh default and the accessorie doth appeare The principall maketh default and the accessorie appÃ©ereth in this case the accessorie shall answer But if he pleade to an issue 9. H. 4. 2. 7. H. 4. 36. Fitz. Cor. 12. processe shall not be awarded against the Enquest vntill the principall doe appÃ©ere or be attainted by proces viz. be outlawed And yet this processe against the Enquest shal not cease vnlesse the accessorie will for if the accessorie will request to haue processe against the Enquest before the principall be attainted he shall haue it 8. H. 5. 6. for that it is preiudiciall to none but to the accessorie himselfe and whether he be attainted or acquited it is good And he shall not be arraigned againe for the taking of the Enquest is not erronious 35 If processe be awarded against the principall and the accessorie Fitz. Cor. 12. and the principall maketh default and the accessorie doth appeare if the accessorie will wage battell The accessorie wageth battell with the appellant before the principall doth appÃ©ere he may for he may waiue the benefit which the Lawe doth giue him if he will 36 If the principall doe make default 9. H. 4. 2. and the accessorie doe appeare and pleade then if the plea which the accessorie pleadeth be a plea in abatement of the whole writ Accessorie pleadeth in abatement of the writ the principall shall take aduantage thereof notwithstanding his absence So that the Exigent which is to be awarded against the principall shall be stayed vntill it be knowen whether the whole writ shall abate or not 37 If both the principal and the accessorie do appeare Both the principal and accessory doe appÃ©ere then the principall shall answer first and the accessorie after for the principall may pleade such a plea that the accessorie shall not be put to answer vntill the principalls plea be tried And that is in case where the principall doth not pleade directly to the felony but some other plea as if hÃ©e do pleade that he himselfe was at an other time attainted of the same felony 9. H. 7. 19. c. And the appellant doth take issue thereupon viz. not comprised c. Where the principalls plea shal be tried before the accessories answer The principall pleadeth in abatement of the writ In this case the accessorie shall not be put to answer vntill this issue be tried 38 And so it is if both the principall and accessorie doe appeare and the principall doth pleade a plea in abatement of the whole writ of Appeale then the accessorie shall not be put to answer vntill this plea be tried Fit Cor. 10 39 If the principall and accessorie doe both appÃ©ere and the principall doth pleade to the felonie viz. not guiltie The principal pleadeth not guiltie then the accessorie shall presently after that plea pleaded pleade also And if they be at issue one Venire facias shall be awarded for them both But if at the day of the Venire facias returned or at the time of the apparance of the Enquest the principall being in the meane time let to mainprise doth make default and not appÃ©ere the Enquest shall not be taken against the accessorie 2. 3. P. M. Di. 120 40 If there be diuers principalls and one accessorie or more Seueral principalls and one accessorie and processe is awarded against all the principals and the accessorie and some or one of the principalls doe appÃ©ere and some not and also the accessorie doth appÃ©ere in this Case processe shall not be awarded against the Enquest for the triall of the accessorie vntill all the principalls doe appeare or be attainted by outlawrie viz. if he be indicted or appealed as accessorie to them all But it is otherwise if he be indicted or appealed onely as accessorie to some of those principalls 40. As p. 25 7. H. 4. 36 Plo. com 99 for there it is sufficient to haue that principall or those principalls onely to appeare or to be

attainted by Outlawrie to whom he is appealed or indicted as accessorie without hauing regard to the residue 41 To haue Processe awarded against the Enquest for the triall of the accessorie it is requisite that the attainder of the principall be in the same sute The attainder must be in the same sute in the which he and the accessorie be sued for if he be attainted in another sute that shall not enforce the accessorie to procÃ©ede with his Enquest vntill the principall which is sued with him doth appÃ©ere or be attainted by processe of outlawrie c. As in appeale of homicide against the principall and accessorie 7. H. 4. 36 and the principall before that time is attainted of the death of the same man vpon an indictment at the Kings sute And the accessory shall pleade for his owne discharge the acquitall of the principall in an other sute so that it be an acquitall for that offence for the which he is charged as accessorie 7. H. 4. 27 42 If the principall be attainted of the death of a man and then dieth The principall attainted and dieth and the Iustices before whom the accessorie is sued haue the record of the same attainder before them then they may procÃ©ede against the accessorie otherwise not for it doth by the Record appÃ©ere vnto them that hÃ©e which was appealed of the fact is by Lawe attainted of felonie according to the foresaid Statute of Westminster 1. though he was not executed therefore The principall standeth mute 43 And though the Lawe be Fit Cor. 58 that an Enquest shall not procÃ©ede against the accessorie to trie him vntill the principall doe appeare or be attainted by outlawrie yet if the principall doe appeare and will say nothing but stand mute the accessorie shall be arraigned Sed quaere for the principall is not attainted of felonie Error in the Attainder of the principall 44 If the Attainder of the principall be erronious 2. R. 3. 22. yet the accessorie shall be arraigned for the accessory shall take no aduantage of any errour committed in the attainder of the principall An absured accessorie returneth 45 If one do abiure as accessory and after doth returne againe Fi. Cor. 124 the principall not being attainted the accessorie shall be hanged for that he hath confessed the felonie before the Coroner and did returne without the Kings pardon or licence The accessory tried vpon his owne request 46 If the accessory of his owne desire wil wage battel before the principal be attainted and be subdued therein Fit Cor. 12 or will desire to haue an Enquest to try him before the principall be attainted and be found guiltie therefore In both these Cases he shall be hanged though by the Lawe he was not compellable to either of the said trialles vntill the principall had bÃ©ene attainted for hÃ©e hath aduentured his life in hope to gaine his libertie 47 If the principall be found not guilty The principall found not guiltie by verdict Bracton the accessorie shall be discharged thereby for where there is no dÃ©eâ—e there can no force ayde or commaundement hurt in that the intended iniury tooke no effect So that the acquitall of the principall is in Lawe the acquitall of the accessorie The principall dieth in prison before attainder 48 If the principall can not be tried as if he die in prison before he be attainted of the felonie the accessorie shall be thereby discharged for there can none be found accessorie to a felonie Co. l. 4. 43 where there is none attainted to commit the same felonie But otherwise it is if the principall be attainted of the felonie and dieth there the accessorie shall be arraigned and hanged if he be found guiltie The principall attainted of an other felonie 49 If the principall be attainted of another felonie and hanged Fi. Cor. 378. before he is attainted of this felonie whereof he and the accessorie be indicted the accessorie to this felonie shall be discharged thereby And the same Lawe is if hee be attainted of the first felonie though he be not hanged because in that case after attainder he shall not answer to other felonies but onely to robberie and treason The principall slew the paâ—tie in his owne defence 50 If it be found by verdict that the principall slew him Fi. Cor. 116 of whose death he is arraigned in his owne defence the accessory shal be therby discharged And yet the principall shall be enforced to purchase his pardon But this pardon prooueth not that he is guilty in other maner than in his owne defence Notwithstanding in an other pardon it is otherwise for if a principall pleade his pardon to a felony generally without any special matter found which should cause the pardon 2. Ed. 3. 27 Fi. Cor. 260 3. Ass p. 14 42. Ass p. 16 and is by that discharged yet that will not discharge the Accessorie but he shall be hanged if he be found guiltie of the felonie for by that pardon the felony is confessed of the which felonie he praieth to be discharged by the Kings fauour and not by the benefit of lawe as he doth in the other case 3. H. 7. 12 10. H. 4. 5 13. Ed. 4. 3 Bro. Cor. 184 51 And in the like case and vpon the same reason The principall hath his clergie if the principall and accessorie be arraigned of felonie and both be found guilty and the principall doth pray and hath the benefit of his clergie yet the accessorie shal be hanged for by the praying of his clergie the felonie is confessed and the principall in this case is not saued by his innocencie but by a priuiledge in Lawe which the accessorie being no clarke cannot take the benefit of But it is otherwise if there be principall and accessorie and the principall is pardoned or hath his Clergie before iudgement Co. l. 4. 43 the accessorie shall not be arraigned for where there is no fact there is no force and where there is no principall The principall is pardoned or hath his clergie before iudgemeÌ„t there can be no accessorie and no man can be accompted principall before it be so prooued and adiudged by the Lawe and that must be by a iudgement vpon a verdict confession or outlawrie and it is not sufficient that indÃ©ed there be a principall vntil that appÃ©ereth by a iudgemeÌ„t in Law And the acceptance of pardon or the praying of his clergy is an argumeÌ„t but no iudgement in law that he is guiltie But if the principal after attainder be pardoned or hath his clergie alowed the accessory shal be arraigned and hanged if he be found guiltie for it doth appeare iudicially that he was principall 41. As p. 24 52 The acquitall of the principall is the acquitall of the accessorie as is asaide if it be not in an appeale where the accessorie is to recouer

whereof he pleadeth that he was attainted but of that felony wherof he is attainted he shall not answer any more after that he hath the K. pardon thereof 52 A man attainted of felony is he Who is sayd attainted and who conuict of felonie which vpon his arraignement submitting himselfe to be tried by the country is found guilty of felony by the verdict of xij men or doth confesse the felony in court of Record before the Iudge vpon his arraignment or is indicted of felony and for default of apparance is outlawed and in any of the said thrÃ©e cases hath his iudgement of death A man conuict of felonie is he who being indicted of felonie vpon his arraignement doth submit himselfe to be tried by the country and is found guiltie of felonie by the verdict of twelue men and then before iudgement praieth his clergie and hath his clergie and is burned in the hand This difference there is betwÃ©ene a man attainted of felonie and a man coÌ„uicted of felony as touching their arraignments againe for other offences for a man attainted of felonie shall not be arraigned againe of any other offences whatsoeuer whether clergy were allowable in them or not vnlesse it be in some speciall cases before declared because there can no more be recouered of him than is recouered neither can he forfeit more than he hath forfeited But because of a clerke conuict there may be more recouered than is recouered he may forf more than he hath forfeted therfore by the stat of An. 8. El. 18. El. it was ordaind St. 8. El. 4. St. 18. El. 6. S. Appeales 56. 57. That euery person which shal vpon his arraignment for any felony be alowed his clergie shal answer to all former felonies as though no such admission of clergie had bÃ©ene If a man that is indicted of piracie doth stand mute or wil not answer directly or c. whereupon iudgement of paine for t dure is giuen against him but hÃ©e is not put to execution and after by a generall pardon by act of parliament 14. El. Dyer 308. all contempts pains and executions be pardoned but all piracies bee except in this case the same party may be indicted and arraigned againe for another robberie vpon the sea or piracie committed vpon the sea at the same time that hÃ©e did the first â§ Mainprise and Bayle 1 WHen the defendant in case of felony is taken and arrested he will ofttimes desire to be let to baile or mainprise and therefore it is to be considered in what cases the prisoner by the law is mainpernable and in what not In what case a prisoner is mainpernable in what not There be two sorts of offendors in felony viz. the Principall and the Accessory The Accessorie is repleuisable by the common law vntil the Principall be attainted but not after as it appeareth by Bracton Britton and diuers iudgements But sithence that time the law hath bin put in vre to the contrary 40. E. 3. 42 43. Ed. 3. 17. 27 Ass p. 10 2. 3. P. M. Dy. 120 St. 3. E. 1. 15 viz. That after plea pleaded notwithstanding the principal be attainted yet the accessorie shal be let to mainprise The accessory let to mainprise and though it be in appeale of death And the reason is because the stat of W. 1. affirmeth expresly That they which be indicted of receit of thÃ©eues or felons or of commandement or force or aid of the felony committed shal be let out by sufficient suertie which stat is expounded so fauorably towards the accessory that those be vsed to be let to baile which be indicted of abetment consent or procuremeÌ„t And yet such accessories be not expresly contained in the said stat Register fo 270. And so the accessorie as well in case of the death of a man as in other felony is to bee let to mainprise 25. E. 3. 44. 44. E. 3. 38. 21. E. 4. 71. 21. Ed. 4. 25. 2 The principall in case of the death of a man is not to be let to mainprise The principal in death either by the common law nor by the stat but in some speciall cases for if an appeal of death be commenced which is not grounded vpon an indictment but is suggested to be begun vpoÌ„ malice and that some others were indicted of the same persons death yet because the appeale was of the death of a man and the malice suggested was not confessed of the K. or appellants part the Iust wold not let the appellÃ©e to mainprise 48. E. 3. 22. And so it sÃ©emeth that notwithstanding it bÃ©e an appeale of death yet if there be no indictment to affirme the same appeal The principal in appeale of death let to mainprise the Iust vpon the consideration aforesaid 2. 3. P. M. Dy. 120 or such like may let the defendant to mainprise though he be appealed as principall 3 An Appeale of death was remooued out of the countie into the K. Bench by a Certiorari 48. Ed. 3. 22. a Scire fac ' was sued against the plaintife in the appeal which was returned Nihil and so it was returned vpon the Sicut alias And thereupon the Iust considering that it was a mischiefe to the plaintife to loose his suit and to yÃ©eld damages whereas he was neuer warned and peraduenture hath somewhat in another countie and on the other side it was inconuenient for the appellÃ©e to remaine continually in prison The principall in appeale of death let to mainprise therefore they awarded another Scire fac ' against the appellant returnable at a certaine day before which day they would bee aduised what was by law to be done and in the meane time they did let the appellÃ©e to mainprise Excommunication in the plaintife 4 If in an Appeale the def do plead Excommunication in the plaintife the appellee shal be let to mainprise from day to day vntil the plaintife be absolued 3. As p. 12. 13. E. 4. 8. though it be in an Appeale of death or otherwise the appellÃ©e should remain in prison vntill the pl. were assoiled which peraduenture will neuer be And in respect of this mischiefe it was ordained by the stat of 3. H. 7. St 3. H. 7. 1. That he which is within the yeare acquited of murder at the K. suit shal be sent to prison againe or otherwise let to baile vntill the end of the yere within which time the partie is to haue an Appeale if he will 5 Because Sherifs and others did take kÃ©epe in prison some persons accused of felony and presently did let out to baile such as were not repleuisable and kept in prison such as were mainpernable to the intent to get of the one and to grieue the other And forasmuch as it was not before determined which persons were mainpernable Not bailable by the common law and which were not

euidence against him they vsed to bring forth the prisoner and to arraigne him of the principall fact and if hÃ©e pleaded or saide that hÃ©e was not guiltie thereunto then an Enquest of Clerkes was charged And if by the saide Enquest of Clerkes he was found not guilty of the same offence then he was set at libertie and if hÃ©e were found guiltie he was disgraded There be two sorts of Clerkes whereof the one is a Clerke conuict and the other is a Clerke attainted A Clerke conuict A Clerke conuict is hÃ©e who praieth his Clergie before Iudgement be giuen against him of death and hath his Clergie allowed vnto him such a Clerke before the Statute of 18. Elizab. might haue made his purgation sauing in certaine especiall cases As a common thiefe could not make his purgation Fi. Cor. 247 notwithstanding that hÃ©e were but a Clerke conuict for it is better for the common wealth to haue such an incorrigible person continually to remaine in prison than to goe at libertie to doe more hurt Fi. Cor. 417 And likewise a Monke that was a Clerke conuict should haue bÃ©ene deliuered to his Abbot to haue remained in the Abbey continually without making his purgation Fi. Cor. 109 147. And also in an appeale if the Defendant had bÃ©ene conuict by verdict and had enioyed his Clergie as a Clerke conuict he should not haue made his purgation for if hÃ©e had made his purgation then the Plaintife in the appeale should haue recouered his goodes without cause for that by the purgation it doth appeare that hÃ©e was not guiltie of the felonie A Clerke attainted Clerke attainted is he who praieth his Clergie after Iudgement of felonie giuen of him Such a Clerke could not haue made his purgation for that when he was condemned of felony by iudgement hÃ©e could not contrarie to that Iudgement be purged thereof that iudgement remaining in force and therefore there was none other remedy for him but to purchase the Kings pardon or else hÃ©e must haue remained in prison during his life And whether this Iudgement of death did follow either vpon Confession before the Coroner Clergie after Confession vpon abiuration or before the Iustices vpon his arraignement or vpon triall by verdict of twelue men if this iudgement were once giuen hÃ©e should not after make his purgation And though after his confession of the felony and before Iudgement giuen against him thereupon he doth pray his Clergie he shall haue it and might haue made his purgation for that the confession being before a secular Iudge who is not his Iudge is voide And for that cause the statute of Articuli Cleri cap. 16. doth ground St. 9. E. 2. 16 That an approuer Approuer shall haue the benefit of his Clergie and yet he hath confessed his offence before a secular Iudge And it is not to be interpreted that the benefit of this Statute is to be extended onely to saue the approuers life and not to set him at libertie by making his purgation for then hÃ©e should haue but part of the benefit of Clergie and not the whole which is contrary to the saide Statute of Articuli Cleri If an approuer had waiued his appeale holden him to his Clergie he should haue made his purgation Fi. Cor. 128 because the Temporall court doth dismisse him as a man in whom it hath no iurisdiction which waiuer of the appeale did not waiue the confession that hÃ©e had made before 27. H. 6. 7 13. E. 4. 3 Fi. Cor. 56 247 And though an approuer in some Cases should not haue made his purgation yet that was in such cases onely where he did not pray his Clergie vntill Iudgement was giuen against him of felonie If one that shall abiure the Realme for felony had come againe into the Realme without the Kings licence whereupon he was taken and brought to the Barre and that it was demaunded of him whie hÃ©e should not be put to death and he had demaunded his Clergie and that was allowed yet he should not haue bÃ©ene deliuered to the Ordinarie but sent to prison againe Fi. Cor. 155 vntill hÃ©e had obtained the Kings pardon For Clergie would haue serued him for the felonie but not to excuse the contempt which he made by comming againe into the Realme without the Kings licence But it had bÃ©ene otherwise if he had prayed his Clergie at the time when he fled to the Church By the entrie into the Roule of the Court which made mention of the prisoners deliuerie to the Ordinarie In whom rested the making of purgation it appeareth that the making or not making of purgation did rest much in the Temporall Court and not in the Ordinarie for if he were not to make his purgation then the entrie was Quod talis commissus est Ordinaria absque purgatione facienda and if hÃ©e were to make his purgation then the wordes Absque purgatione facienda were omitted and in all cases where the Temporall court had determined that purgation did not lie as in the case of Clerke attaint or such like if the Ordinarie had admitted the prisoner to haue made purgation and thereby set him at libertie Escape for suffering purgation he should haue bin charged with an escape for the authority whereby he was committed to prison was temporall and he receiued him from the temporall court or otherwise the Ordinary could not haue retained him in prison And therefore the temporall court had somewhat to doe with setting him at libertie out of prison If one had bÃ©ene conuicted of diuerse felonies and had bÃ©ene admitted to his Clergie in that case hÃ©e ought to haue made purgation for them all But the force of the foresaide Lawes Fi. Cor. 232 touching committing of clerkes to the Ordinary and making of purgation is alterd by the before mentioned statute of Anno 18. Eliz. St. 18. El. 6 whereby it was enacted That euerie person and persons which shall be admitted and allowed to haue the benefit or priuiledge of his or their Clergie shall not thereupon be deliuered to the Ordinarie as hath bÃ©ene accustomed but after such Clergie allowed and burning in the hand St. 4. H. 7. 13 according to the statute in that behalfe prouided shall forthwith be enlarged deliuered out of prison by the Iustices before whom such Clergie shall be graunted that cause notwithstanding Clergie allowed without deliuery to the Ordinarie Prouided neuerthelesse that the Iustices before whom any such allowance of Clergie shal be had shall and may for the further correction of such persons to whom Clergie shall be allowed detaine and kÃ©epe them in prison for such conuenient time as the same Iustices in their discretions shall thinke conuenient so as the same doe not excÃ©ede one yeeres imprisonment Any lawe or vsage heretofore had to the contrary in any wise notwithstanding â§ The Kings Pardon THe Kings Pardon is a barre to an Indictment

Confederacies of the same committed vpon the land within this Realme And if any person happen to be indicted for any such offence done vpon the Seas or in any other place aboue limitted then such order proces iudgement and execution shall be vsed and made to and against euery such person so indicted as against Traytors Felons and Murderers for Treason Felony Robbery Murther or other such offences done vpon the land and such as shal be conuict of any such offeÌ„ce by verdict confession or proces shall suffer such paines of death losse of lands goods and cattels as if they had bin attainted and conuicted of any of the said offences done vpon the land No pennance for high Treason 5 The foresaid statute of West 1. maketh mention only of felons and felonies and therefore in high Treason whether it be by indictment 15. E. 4. 33 M. 3. 4. El. Dy. 205 300 or by any other meanes whatsoeuer the offendor shal not haue the said iudgement of pennance viz. of paine grieuous and durable but shall haue another iudgement that is to say as of a Traitor conuict No pennance for a man before attainted 6 If a man that is attainted of Felony be brought to the barre 8. H. 4. 2 26. As p. 19 and asked what cause he can shew why he should not be put to death and he will stand mute in this case he shal be hanged and not put to his penance for hee cannot put himselfe vpon an Enquest of felonie because he was attainted thereof before and so he is out of the case of the stat 7 If a man vpon his arraignement doth confesse the felony Standing mute after confession and before iudgement at another day he will stand mute by fraud and so it is found in this case he shal be hanged 14. E. 4. 7. and not put to his penance for his iudgement shall be giuen vpon his confession And so it is Demurring in law if he do demur in law vpon any point which is adiudged against him he shal be hanged for in both those cases he is out of the puruiew of the foresaid stat of West 1. And in like sort he shal be hanged and not put to his penance if he be indicted and arraigned for a murder or manslaughter committed within the Kings Palace or where hÃ©e doth abide according to the stat of Anno 33. H. 8. St. 33. H. 8. 12. if he do stand mute or will answer indirectly 8 In all cases where a man vpon his arraignement doth stand mute Inquirie of him that standeth mute before he shal be hanged put to his penance or otherwise suffer death it shal be inquired if he do stand mute by fraud or by the act of God for if it bee by the act of God 43. Ass p. 30 the Court ex officio ought to inquire if he be the same person and of all other pleas that he might haue pleaded if hÃ©e had not bÃ©ene mute to haue staid execution M. 8. H. 4. 1. And this inquirie is but of office and shall be made by the Marshals seruants and others But if it be in case where an issue is ioyned by the consent of the parties and after when the Enquest doth come the prisoner doth stand mute there the Court shall charge the Enquest which appeareth therewith without putting any of the Marshals seruants vnto them and so change that which was a Iurie by the consent of the parties to an Enquest of office And their charge shall be to enquire of the time when he did speake and if he be mute of malice or in delay of his execution or by the act of God But this charge or inquirie ought not to be made or giuen where the prisoner did speak to the Court when he was at the bar and after the same day because he would not ioyne issue or challenge peremptorily aboue the number appointed to him by the law be adiudged to his penance for then it doth appear to the court that he doth it of malice 10. E. 4. 19 And the same law is if a prisoner after his confession or attainder hath continually remained in prison and is brought before the same Iustices before whom hÃ©e did confesse his felonie or was attainted to answer why execution should not be done of him and he will stand mute in this case there nÃ©edeth no inquirie to be made if he be the same person or not for that doth appeare to the Iustices by his continuall remaining in prison But it is otherwise if he goe at libertie after his attainder by abiuration outlawrie and such like 4. E. 4. 11. 14. Ed. 4. 7. 8. H. 4. 2. 9 The iudgement in the sayd penance The Iudgâ—ment in penance viz. in the said paine heauie and grieuous is That the prisoner shall be sent to the prison from whence hÃ©e came and put into a meane house stopped from light there shal be laid vpon the bare ground without any litter straw or other couering and without any garment about him sauing something to couer his priuie members and that he shall lie vpon his backe and his head shal be couered and his fÃ©et bare and that one of his armes shall be drawne with a cord to one side of the house and the other arme to the other side and that his legges shall be vsed in the same manner and that vpon his bodie shal be laid so much yron and stone as he can beare and more and that the first day after he shall haue thrÃ©e morcels of barlie bread without any drinke and the second day he shall drinke so much as he can thrÃ©e times of the water which is next the prison doore sauing running water The forfeiture without any bread and this shal be his diet vntil he die Fitz. Escheat 10. And he against whom this iudgement of penance shal be giuen shall forfeit to the king his goods but he shall forfeit no land Iudgement and Execution in Treasons Felonies c. HAuing written of Treasons Felonies shewed who be principals and who be accessories therein how the offendors therein are to be pursued by Appeales or inditements what pleas they may plead how they are to be tried that the truth of each persons innocency or guiltinesse may appeare I am now to treat of the iudgement execution which by the lawes statutes of this Realme must follow therupon As first Iudgement where the prisoner is acquit if he that is arraigned of treason or felonie be acquit thereof there is none other iudgement but that the Court doth discharge him paying his fÃ©es 2 The iudgement of a man attainted of high Treason is Iudgement in high treason of a man that he shall bÃ©e led backe againe to the place from whence he came and from thence be drawn vpon a hurdle to the place of execution and there be hanged by the necke

and then be cut downe aliue and his intrals and priuie members be cut from his bodie and be burned in his sight and his head to be cut off and his body to bÃ©e diuided into foure parts 6. El. Dyer 230. and then to be disposed at the Kings pleasure Sauing that the iudgement of a man which is attainted for clipping the Kings money contrarie to the Statute of anÌ„ 25. Ed. 3. 2. shal be onely that he shalbÃ©e drawne and hanged though it was high treason by the common law so is expounded confirmed by that Statute But if any man shal be attainted of treson for coÌ„mitting any of the offences made high treason by either of the Stat. of anÌ„ 1. M. 6. 1. 2. P. M. 11. 5. El. 11. 18. El. 1. 5. El. 1. 13. El. 2. 23 El. 1. 27. El. 2. 3. Iac. 4. he shal be adiudged a traitour S. Treasons and shall haue iudgement and suffer as in cases of high treason viz. he shal be drawne hanged and quartered as is before mentioned And though there be no mention made thereof in the iudgement yet he that is attainted of treason or felonie by verdict confession outlawrie or abiuration shall also forfeit his lands and goods his wife shall loose her dower and his blood shal be corrupted sauing in certaine cases 3 The iudgement of a woman which shal be attainred of high Treason or petite treason The iudgement of a woman traitour is 1. R. 3. 4 That she shall be ledde backe againe to the place from whence shÃ©e came and from thence be drawne vpon a hurdle to the place of execution and there be burned to death 8. El. Dy. 254. But if one man doe murder an other and the wife of him that was murdered be accessorie to her husbandes death the murderer and the wife both shall be hanged and she shall not be burned because she was but accessory 4 The iudgement of a man attainted of petit treason Iudgement of a man in petit treason is That hÃ©e shall be ledde backe againe to the place from whence hee came and from thence drawne vpon an hurdle to the place of execution and there to be hanged by the necke vntill he be dead Iudgement in felonie 5 The iudgement of a man attainted of murder burglarie robberie or other felonie is That he shall be ledde backe againe to the place from whence he came and from thence carried to the place of execution and there be hanged by the necke vntill he be dead And the like iudgement is giuen against a woman being attainted of anie of the same offences 6 The iudgement in misprision Misprision of treason is That the offendor shall forfeit to the King his goodes and his lands during his life and shall be perpetually imprisoned during his life Attainder of treason by the common lawe 7 In the foresaide iudgement giuen in high treason by the order of the common Lawe there can be no errour assigned St. 33. H. 8. 20. but it is as strong as if it had bÃ©ene doone by Act of Parliament For the Statute made Anno 33. H. 8. hath ordained That if any person or persons shall be attainted of high treason by the course of the common Lawes or Statutes of this Realme that in euery such case such attainder by the common Lawe shall be of as good strength value force and effect as if it had beene done by authoritie of Parliament Iudgement of pennance 8 The iudgement of him who being indited of felonie will stand mute of malice or not answer directly or will refuse lawfull triall P. 4. E. 4. 11. being called Pennaunce or paine for t dure is That the prisoner shall be sent to the place from whence he came c. S. Standing mute c. 9. Iudgements in felony by Iustices of Nisi prius 9 As touching those who shall giue iudgement against the offendors aforesaide it is ordained by the Statute of Anno 14. H. 6. St. 14. H. 6. 1 That the Iustices before whome Inquisitions Enquests and Iuries shall be taken by the Kings Writte called Nisi prius according to the forme of the Statute thereof made haue power of all the cases of felonie and of treason to giue their iudgements as well where a man is acquitte of felonie or of treason as where he is thereof attainted at the day and place where the saide Inquisitions Enquests and Iuries shall be taken and then from thenceforth to awarde Execution to be made by force of the saide Iudgements 10 Because it oft times falleth out that an offendor is found guiltie of treason or felonie before some Iustices of Gaole Deliuerie for the which Iudgement of death should or might ensue and yet that person is reposed to prison without iudgement at that time giuen against him and then before the next Gaole deliuerie the same Iustices of Gaole deliuerie doe die or be remooued and others be assigned Iustices of Gaole deliuerie in their places by the Kings Commission which as many did conceiue it could not giue iudgement of that prisoner so repried by the former Iustices by warrant of the foresaide Statute of 14. H. 6. 1. or for some other cause For the remedy whereof by a Statute made Anno 1. Edw. 6. St. 1. E. 6. 7. it is enacted Iudgement by new Iustices That in all Cases where any person shall be found guiltie of any Treason Murder Manslaughter Rape or other felonie whatsoeuer for the which iudgement of death should or may ensue and shall be repried to prison without iudgement at that time giuen against him Those persons that at any time shall by the Kings Letters patents be assigned Iustices to deliuer the Gaole where anie such person found guiltie shall remaine shall haue full power to giue Iudgement of death against such person so found guiltie and repried as the same Iustices before whome such person was found guiltie might haue done if their Commission of Gaole Deliuerie had remained in full force 11 The Iudgement in petit Larceny Iudgement in petit larcenie is that the offendor shall be ledde backe againe to the Gaole Stockes or place from whence hee came and there to remaine a wÃ©eke a moneth or c. and then in such a Citie Borough Market towne Village where the fact was done or other place assigned by the Iustices to be tied to a carte stripped from the girdle vpward and whipped vntill his bodie doe blÃ©ede once twice or thrice c. according to the Iustices discretion 12 If a woman be indicted and arraigned of felonie Stay of a womans execution being with childe it is no plea for her to say that shÃ©e is with childe but she must pleade to the felonie Not guiltie and if she be found guiltie then shee may alleadge that shÃ©e is with childe and then the Marshall or Sherife shall be commanded to returne an

the prisoner did flye for the Felony in this case the same prisoner shall forfeit those goods which hee had the day of the verdict giuen and not any goods which he had before And so it is if one be conuict by verdict 7. H. 4. 41. the goods shall be forfeited which the offendor had the day of the verdict giuen and not those which he had before And he that is outlawed of Treason or Felony shall forfeit those goods which he hath at the time of the Exigent awarded and not those which he had before and hath aliened But if a man doe commit a Treason or Felony and is arrested thereof and as he is in carrying to a Iustice of Peace to be examined or to the Gaole by the Constables or others doe breake away or in making of rescous or resistance is slaine by those which do so carry him because he will not yÃ©eld and be iustified by the law Fi. Cor. 290 in this case those goods shal be forfeited which he had at the time of the felony committed And so it is if one commit a Felony and when the Shirife Coroner Constable or others do attempt to apprehend him he is slain because he doth resist and will not yeeld to be arrested the goods shal be forfeited which he hath at the time of the felony committed 44 It appeareth by the statute of 3. Ed. 1. St. 3. E. 1. intituled Officium Coronatoris Who shal seise and keepe Felons goods and when That if any person be found guilty before the Coroner of the death of another presently the Coroner shall goe to his house and inquire what cattell hee hath and what corne he hath in his graunge and what on the ground and if he be a FrÃ©eman what land he hath and how much it is worth by the yeare and when they haue so inquired of all things they shall cause the land the corne and cattell to bÃ©e priced as if they should be forthwith sold and immediatly they shall be deliuered to the whole Towne to answere for the same before the Iustices And in like sort when it is found before the Coroner that one did flye for a Felony 22. Ass p. 96 the Shirife shall presently seize his lands into the Kings hands by word without Enquest and also shall seize all his goods into the Kings hands and shall appraise them by an Enquest as well of Villaines as of Freemen and the prices shalbÃ©e inrolled in the Coroners Roll and deliuered to the Towne to answere to the King for the same for by that which is found before the Coroner the goods bÃ©e forfeited without further inquiry 43. E. 3. 24 And so may another Officer of the Kings seize the goods of a Felon before attainder and if the Felon doth find surety the Officer must leaue them in his custody But whether hÃ©e doth find surety or not the Officer ought not to carry them away but must leaue them in the custodie of the Felons neighbours For if one bÃ©e indicted of Felony his goods shall not be remoued forth of his house vntill he be attainted 7. H. 4. â—1 but shal be kept by his neighbours all the time of his imprisonment and the Felon shal be maintained with them And according thereunto there is a writ in the Register Registrum viz. Quod tenementa bona taliter capta videantur imbreuiantur saluo custodiantur per balliuum ipsius capti qui securitatem Regiinueniet ei respondendi si c. saluis inde ipfi capto familiae suae necessarijs quamdiu fuerit in prisona By which writ it doth appeare and also by the assertions of Bracton and Britton that one which is indicted or imprisoned for Felony shall not bÃ©e put out of the possession of his goods vntill he be conuict of Felony but he must haue reasonable maintenance of his goods for him and his family vntill he bÃ©e conuict and then that which doth remaine shal be the kings And yet the felon must not disorderly sell or wast his goods and so this difference is to be obserued in seising of a Felons goods viz. where the goods be forfeited before the felony tried and where they be not forfeited vntill the felony tried For if they be forfeited before the felony tried they shal be presently seised vpon the forfeiture of them though there be no conuiction of felony as in the foresaid cases where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flie for a felony But if they be not forfeited vntill the felony tried then they shall not be seised vntill the Felon be conuicted The goods of a prisoner shal not be seised vntill he be attainted 45 And because that diuers persons were often arrested and imprisoned for suspition of Felony sometime of malice and sometime of light suspition and were kept in prison without baile or mainprise and for that sometime shirifes escheators baylifes of Liberties and others did seise and take away the goods of some persons arrested or imprisoned for Felony before the same person was conuict or attainted of the same Felony contrary to the common law Therefore partly to confirme the common law and partly to giue to the party grieued a more ample recompence for his wrong receiued then the coÌ„mon law before did viz. to giue him the double value of his goods so takeÌ„ or seised where the common law gaue him the single value and partly to giue him a speedy remedy to recouer the same there was a stat made AnnÌ„ 1. R. 3. St. 1. R. 3. 3 by the which it is ordained That no Shirife Vndershirife Escheator Baylife of Franchise or other person shall take or seise the goods of any person arrested or imprisoned before the same person or persons so arrested or imprisoned be conuict or attainted of such felony according to the law of England or otherwise that the same goods be in some manner lawfully forfeited vpon paine to loose the double value of the goods so taken to him or them which be endamaged therby by action of Debt in this behalfe to be pursued by like proces iudgement execution as is commonly vsed in other actions of Debt pursued at the common law wherin no wager of law essoine or protection shall be allowed This stat of 1. R. 3. exteÌ„deth only to those that be arrested or imprisoned for notwithstanding this statute the shirife may seise the goods of them which be at liberty and indicted of felony at the second Capias by force of the stat of 25. E. 3. St. 2â— E. 3. 14 as it appeareth Appeales 59. 46 The custody of the goods of those which be conuict of Felony Who shal haue the custody of felons goods forfeited or which be Fugitiues after they be forfeited doth belong to the Towne where the same goods be or where the

that all men may kill him without punishment and specially if he defend himselfe or flie away in such sort that he may be hardly apprehended But if he doe not flie or defend himselfe then he that killeth a man so taken shal answere for him as for any other man for that life and death be in the kings hands vnlesse there be a custome to the contrary as in the Counties of Hereford and Glocester And he shal forfeit the benefit of Law for he which being outlawed will be so bold as to returne without the kings licence shall die without law or further examination in iudgement And he cannot appeale others for he hath lost the benefit of law and carieth with him his iudgement vpon his head he can haue no defence so long as the Outlary standeth in force It is vpright iustice that he shal perish without law and iudgement who refuseth to liue according to the law And he shall forfeit his right and possession of all things that he hath gotten or may get And all bonds obligations homages fealties oathes and other contracts made with him be dissolued which can neuer be reuiued but vpon a new contract though he be restored And he shal forfeit all his tenements and hereditaments from him and his heires and euery action that was due to him before his Outlary though he be after restored by the kings pardon And Outlary of felony and euery other iudgement of felony doth dissolue all the gifts sales of land that he made sithence the time of the felony committed The outlawes goods shal be the kings for he cannot be outlawed in any other place but in the kings Court as in the Country Court or in the Hustings of London â§ Corruption of Blood 1 BY attainder of Treason or Felony commeth corruption of Blood that is to say that the offendors children cannot be heires to him that is attainted nor to any other auncestor Corruption of blood salued by Parliament only And if the offendor were a Nobleman or a Gentleman before by this attainder he is become ignoble and not onely he himselfe but also all his children hauing respect to the Nobilitie which they had by their birth And this corruption of Blood is so grieuous that it cannot bee salued otherwise then by authoritie of Parliament But if the King will pardon the offendor it will cleanse the corruption of blood of those children which be borne after the pardon and they which be borne after the pardon may inherite the land which their auncestor purchased at the time of the pardon or after but so cannot they which were borne before the pardon And also he that is attainted of Treason or Felony shall not bee heire to his father but his disabilitie shall hinder others to be heire so that during his life the land shall rather escheat to the lord of the fÃ©e 27. Ed. 3. 77. Fi. Petit. 20 then discend to another But if he that is attainted doe die without issue of his body during the life of his auncestor then his younger brother sister or cousin shall inherite for if the eldest sonne be hanged Fi. DisceÌ„t 6. 26. As p. 2. or doth abiure the Realme for Felony during the fathers life it is no impediment but that the youngest sonne may inherite 29. As p. 11 13. H. 4. 8. Fit Discent 17. And if he which is attainted of Treason or Felony in the life time of his auncestor doe purchase the Kings pardon before the death of his auncestor yet he shall not be heire to his said auncestor but the land shall rather escheat to the lord of the fÃ©e But if the eldest sonne be a Clerke conuict in the life of his father and after his father dieth in this case he shall inherite his fathers land because he was not attainted of Felony for by the common Law hÃ©e should haue inherited after hÃ©e had made his purgation And now by the Statute of Anno 18. Eliz. hÃ©e shall bee forthwith enlarged after burning in the hand Fi. Cor. 382 St. 18. Eli. 6. and deliuered out of prison and not committed to the Ordinary to make his purgation and so he is in case as if he had made his purgation Where corruption of blood shall preiudice tenant by the courtesie 2 If a man that hath land in the right of his wife haue issue 13. H. 7. 17 and doth commit Felony for the which he is attainted and the king doth pardon him in this case if his wife doe die before him he shall not be tenant by the courtesie for the corruption of blood of that issue But it is otherwise if he hath issue after the pardon for then he shall be tenant by the courtesie although the issue which he had before the pardon be not inheritable The eldest sonne attainted of felony during his fathers life 3 If a man seised of lands hath issue two sonnes 32. H. 8. Dyer 48. and the eldest is attainted of Felony in the life of his father and is executed for the felony or otherwise dieth during the life of his father and after the father dieth seised of the land the land shal discend to the youngest sonne as heire to his father if the eldest sonne hath no issue then liuing But if the eldest sonne that was attainted hath any issue in life which should haue inherited but for the attainder the land shall escheat to the lord and not discend to the younger brother for that the blood of the eldest brother is corrupted Where an attainder but nâ— corruption of blood 4 S. Forfeiture 27 That the attainder of Treason or Felony in certaine cases shal not extend to make any corruption of blood the disinheritance of any heire forfeiture of any dower nor to preiudice the right or title of any person other then of the offendor or offendors during his or their naturall liues only â§ Restitution of stolne goods 1 HAuing written of Robberies and other Felonies and declared how Felons are to be prosecuted by Arrest Appeale Indictment Arraignment Tryall and Iudgement and what they shall forfeit I meane now to shew how true men whose goods were robbed stoln or feloniously taken from them by such Felons shall be restored to their goods againe As it is necessary for the Commonwealth that Felons should be punished least the impunity of some should incourage them and also allure others to commit the like offences so is it fit that they chiefely whose goods were taken from them and therby haue tasted the smart and receiued the losse by the Felons and are more likely to know who they be and where they be then others are should doe their vttermost endeauor to procure those Felons to be apprehended brought to their answers and to haue them punished according to their demerits that is to say he that was robbed What is fresh suit or whose goods were stolne from him ought presently after the

And Stewards and Bailifes of great Lords who by their seigniory office or power doe vndertake to maintaine or vphold other quarrels or suites then such which concerne their Lords or themselues A conspiracie must be by more then one 7 The foresaid statute doth define conspirators to be those St. 33. E. 1. which bind themselues by oath c. By which words it doth appeare that a conspiracy cannot be committed by one person alone but by two at the least and therefore this Writ of Conspiracy will not be maintained against one alone though it were begun against diuers for as soone as it shal appear 28. Ass p. 12 22. Ass p. 77 11. H. 4. 162 that all but one be discharged therof by their discharge that one shal also be discharged But this discharge ought to be such a one as may be a discharge to all intents as acquitall of all by verdict sauing one is an acquitall of that one also And so it is if al but one be discharged by matter in Law as if they plead that they were indictors or such like matter in Law which will discharge them for in those cases they be acquit of the conspiracie to all intents But if in a writ of Conspiracie sued against two 14. H. 6. 25. one of them is attainted and the other doth barre the plaintife by a demurrer in law yet that shall not discharge the other which is attainted Where one only charged in Conspiracy if the barre both not containe matter to proue that he did not conspire or could not conspire And so it is if in a writ of Conspiracy brought against two the one doth appeare plead and his plea is found against him in this case iudgement may be giuen against him 24. E. 3. 34. though the other be not attainted and yet in that case some doe affirme 27. E. 3. 80. that in a writ of Conspiracy against two one of theÌ„ shall not answere vntill his companion doth appeare for the inconueniency which may ensue viz. that the one may be fouÌ„d guilty and the other after may be acquit of the same conspiracy But if he that did first appear wil plead without his companion though the law doth not inforce him thereunto and that the verdict do passe against him and he found guilty of the conspiracy iudgement shal be giuen against him as is aforesaid though after his companion be acquited of the same conspiracy Nam volenti non fit iniuria 8 As a writ of Conspiracy will not lie against one person only no more wil it be maintained against two who do represent but one person No writ of Conspiracy against the husband and wife as the husband and wife 40. Ed. 3. 19. 38. E. 3. 3. for a writ of Conspiracy is not to be brought against them sÃ©eing the husband and wife by common intendment ought to haue but one will which will of the wiues is or should be subiect to the will of the husband So that when they conferre and speake together all shall be intended the spÃ©ech and act of the husband and nothing of the wife But it is otherwise if she do any act alone without her husband as if she doe commit Treason or Felony c. But a writ of Conspiracy will lye against the husband Fi. N.B. 116. L. his wife and a third person 9 The common forme of the writ of Conspiracy in the Register is this The forme of the writ of Conspiracie viz. Register fo 134. Rex vice comiti N. Salutem c. Si A. fecerit c. tunc pone c. B. C. quod sintcoram nobis c. ostensuri quare conspiratione inter eos apud M. praehabita praefatum A. de quodam equo furtiue apud R. capto abducto indictari ipsum ea occasione capi in prisona nostra N. quousque in curia nostra coram dilectis fidelibus nostris I. S. iusticiarijs nostris ad Gaolam nostram N. deliberandam assignatis secundum legem consuetudinem regni nostri acquietauts fuisset detineri falso malitiose procurauerunt ad graue damnum ipsius A. contra formam ordinationis in huiusmodi casu prouisae Et habeas ibi nomina plegiorum hoc breue Teste c. Which foresaid writ is founded vpon a verdict but if it be a writ of Conspiracy founded vpon the plaintifes Nonsute in an appeale then the words of the writ be these viz. Quousque idem A. per considerationem curiae nostrae inde quietus recessit Though in the Writ of Conspiracie it is not alledged 35. H. 6. 46 that the place where the Conspiracie was deuised was within the Countie and within the iurisdiction of those Iustices before whom the plaintife was acquit yet the writ is good notwithstanding the omission of that allegation for it shal be intended to be made within the same county vntil the contrarie shal be shewed But it must nÃ©eds be expressed in the writ before which Iust the acquitall of the pl. was 3. H. 6. 52. but not the manner of the acquitall nor how hÃ©e was acquited And neither in this writ nor in other writs of Conspiracie mentioned in the Register all the indictment nÃ©ed not to be rehearsed 19. H. 6. 34. 47. Ed. 3. 16. but briefly the substance thereof and it is sufficiently in forme if the writ of Conspiracie doe agrÃ©e with the indictment which it ought to do 10 In the Register there is a writ of Conspiracie for the Accessorie A writ of conspiracy for the accessorie in felonie when hÃ©e is acquit by verdict and another writ for him vpon the acquital of the Principall if his life were put in ieopardie by the same Enquest that acquited the principall but yet these two writs doe differ in forme for the first is Quousque coram praefatis Iusticiarijs nostris inde secundum legem consuetudinem nostram acquietatus fuit And the other is Quousque principal ' secundum legem c. acquietatus fuisset idem accessorius quietus recessit And it is sufficient 33. H. 6. 1. if in the writ brought by the accessorie hee make mention of his owne imprisonment and not of the principals And this forme of quietus recessit is vsed also when a writ of Conspiracie is brought vpon an acquitall in an Appeale at the Kings suit after the parties nonsuit 22. H. 6. 49. In a writ of Conspiracie the plaintife may suppose that the conspiracie was made in two Townes Conspiracy in two townes because in one day the Conspirators may meete in seuerall Townes Barres in conspiracie 11 In a writ of Conspiracie it is a good plea for the defendants to plead in barre of the Action a concord betwÃ©ene the plaintife and them And so it is to plead any matter which will proue the acquitall of the plaintife erronious 21. H.

6. 28 for then was not the plaintife lawfully acquit according to the Statute of Westminst 2. Iudgement in conspiracie 12 When any is conuict in a writ of Conspiracie at the suit of the partie the iudgement is none other but that the plaintife shall recouer his damages 43. E. 3. 33. and that the defendants shall bÃ©e taken But if one be indicted and conuicted of conspiracie at the Kings suit the iudgement is more grieuous for then the iudgement is That they shall loose their frÃ©e law to the intent 27. As p. 59 46. As p. 11. 24. E. 3. 34. that they shall not after that time be put in Iuries or Assises nor otherwise produced as witnesses to testifie truth and if they haue to do in the Kings Court they shall make their Attourney to sue for them and that they shall not approach within twelue miles of the Kings Court and that their lands goods and cattels shall bÃ©e seised into the Kings hand and their houses wasted and their wiues and children thrust out of doores and their trÃ©es pulled vp by the rootes and their bodies taken and imprisoned And this is tearmed a villainous iudgement because it bringeth villanie and shame to him that receiueth it 13 And because that wicked offence of conspiracie should bee inquired of and punished as well by indictment as by writ there was a Statute made Anno 28. Ed. 1. called Articuli super chartas whereby it was ordayned St. 28. E. 1. That in right of Conspirators false informers and imbracers of Enquests Assises and Iuries the King hath prouided remedie by a Writ out of the Chauncery And from henceforth the King will that his Iustices of the one Bench the other and the Iust assigned to take Assises Inquirie of Conspiracies by Iustices when they come into the countrey to do their office shall make enquiry thereof at any mans plaint without writ Register fo 118. and shall without delay do right to the plaintifes And the Iustices may be commaunded by a writ directed vnto them out of the Chancery to execute the same statute although the statute of it selfe is a sufficient warrant and authoritie for them so to doe which remedie mentioned in the foresaid statute was intended to be ordained by another statute called the statute of Conspirators St. 20. E. 1. made Anno 20. Edw. 1. at Berwike vpon Tweed which doth prouide a writ of Conspiracie against conspirators maintainers of false quarels and champertors and expresseth the forme of that writ St. 28. Ed. 1 14 But because the foresayd Statute of Articuli super chartas did prouide onely a remedie at the plaint of the partie and did not giue the Iustices in the sayd Statute mentioned power to enquire of heare and determine conspiracies at the suit of the King neither did it giue authoritie to the said Iustices to adiourne the suit if for shortnesse of time it could not be determined in the countrey St. 4. E. 3. 11. Therefore by a statute made Anno 4. Edw. 3. Inquirie of conspirators at K. or parties suit the same enormities were redressed by these words viz. Where in times past diuers people of the Realme as well great as other haue made alliances confederacies and conspiracies to maintaine parties pleas and quarels whereby diuers haue bÃ©ene wrongfully disherited and some ransomed and destroyed and some for feare beeing maymed and beaten durst not sue for their right nor complaine nor the Iurors of Enquests giue their verdicts to the great hurt of the people and slaunder of the Law and common right Therefore it is agrÃ©ed that the Iustices of the one Bench and of the other and the Iustices assigned to take Assises whensoeuer they come to hold their Sessions to take Enquests vpon Nisi prius shall enquire heare and determine as well at the Kings suit as at the suit of the partie of such maintainers bearers and conspirators and also of champertors and of all other things contained in the sayd Article as well as Iustices in Eire should doe if they were in the same Countie And that which cannot be determined before the Iustices of the one Bench or of the other vpon the Nisi prius for shortnesse of time shall be adiourned into the places whereof they be Iustices and there shall be determined according to right and reason 15 Notwithstanding the foresaid Statutes there were such deuises and practises to execute malice and reuenge and desire to put others in perill of their liues lands and goods that some would frame indictments or appeales against others of the K. good and obedient subiects of Treason Felony or trespas in seuerall forrein counties liberties and franchises where the said persons did neuer dwel nor conuerse and there they were pursued to the Exigent and sometime outlawed before that they could know of it For the remedie whereof there was a stat St. 8. H. 6. 10 made Anno 8. H. 6. wherein amongst other things it was enacted That if any person shall be indicted or appealed of felony Procurers of an indictment or appeale in a forrein county treason or trespas in a forein county he shal in an action vpon the case recouer treble damages against euery procurer of such indictment or appeale after hee is duly acquited by verdict And the like proces shal be in the same as in an action of Trespas vi armis S. Appeales 61. An offence supposed to be in a place where there is none such 16 Because diuers people vpon malice enuie and desire of reuenge did ofttime cause the K. liege people to be appealed or indicted in diuers counties of Treasons or Felonies supposing by the said appeals or indictments that the said Treasons or Felonies were committed in one certaine place whereas there is no such place within the said county where the said indictmeÌ„t is found nor any such place in the county as is declared by the said Appeale Therefore by the stat made anno 7. H. 5. anno 9. H. 5. anno 18. H. 6. it was ordained St. 9. H. 5. 1. St. 18. H. 6. 12. That the said Appeals and indictments and the proces thereupon shal be void and adiudged of no force And that the said AppellÃ©es and IndictÃ©es may haue their writs of Conspiracie against their indictors procurors and conspirators and recouer their damages And that the indictors procurors and conspirators shal be punished by imprisonment fine and ransome for the K. aduantage by the Iustices discretion â§ The Coroner and his Authoritie and dutie in Felonies c. 1 A Coroner is an antient officer of trust in this realm The Coroners Office ordained to be a principall preseruer and kÃ©eper of the peace to make record of the pleas of the Crown and of his owne view and of abiurations and of outlawries and of Appeales and accusations of felons made before him and of nonsuits of plaintifes in Appeales and of all

Striking in Westminster Hall 27 And the same Law is Fitz. Cor. 280. M. 2. 3. P. M. Dy. 188. if one strike another in Westminster Hall during the time that the Kings Courts be sitting there and be indicted thereof this is misprision of Treason and an indignitie offered to the Magistrates and place of iustice Therefore in this case the offender shall haue iudgement to haue his right hand cut off to loose his lands and goods and to be perpetually imprisoned Reâ—scuing a prisoner arrested by a Iudge 28 If one of the Kings Iustices assigned M. 22. Ed. 3. 13. doe arrest any person which hath made a fray before him and a stranger will rescue the prisoner whereby he doth escape this is misprision of Treason and in this case as well the prisoner as he that made the rescous shall forfeit to the King his landes and goods and be imprisoned during their liues Because the attachment of such a Iustice is the Kings owne attachment in the construction of Lawe 29 Because striking in the Kings pallace or where he shall remaine in person is a kinde of disgrace offered vnto or contempt had of the maiestie of the king who is the head of the common wealth and the chiefe preseruer of peace therein and therefore it is to be accounted a great Misprision and worthy of seuere punishment wherefore for the preuention thereof Shedding of blood within the kings palace by a Statute made Anno 33. St. 33. H. 8. 12. H. 8. 12. it was established That if any person or persons shall malitiously strike any other person whereby blood shall be shedde in any of the Kings houses or Palaces or any other house wherein the king his heires or successors shall bee at that time abiding in his royall person viz. within any edifices courts places gardens orchards or houses within the Porters ward of any of the houses aboue rehearsed or within any Gardens priuie walkes orchards tilt-yards wood-yards tennice-plaies cocke-fights bowling alleyes nÃ©ere adioyning to the said houses and bÃ©eing part of the same or within two hundred foot of the Standard of any outward gate or gates of any of the said houses commonly vsed for passage from any of the houses c. and shal be thereof indicted arraigned and attainted according to the forme of the said Statute he so offending shall haue his right hand cut off bee imprisoned during his life and make fine to the King at his pleasure But this Act and the paines and forfeitures before rehearsed shall not extend to any Noble man nor other person that shall strike his seruant within the said Palaces or Houses or the limits of the same with his hand or fist or any small staffe or sticke for correction for any offence committed Nor to any of the Kings officers that in execution of his office shall strike any person with his hand fist or small staffe sticke or tipstaffe Nor to any other person that in doing seruice at any triumph or any other time of seruice by the Kings or any of his Councel or other his head officers commandement shal for the execution of his said seruice strike any person with his hand fist smal staffe or stick or any tipstaffe within the same palace house c. although by reason of the same stroke or strokes there happen to bÃ©e any blood-shed of such person as shal be so stricken except the person so stricken die of the same stroke within one yeare next after And so it is to be noted by the foresaid Statute of 33. H. 8. and the foure cases next precedent that striking in the Kings Palace or House where himselfe doth make his abode is not so penall as striking or drawing a weapon to strike is where he is but represented by others in time and place of Iustice for the law doth inflict a more seuere punishment vpon him who striketh or draweth his weapon to strike in place time of execution of Iustice than it doth to him who offereth the like violence in the house and at the time where the kings owne person is remaining In which case the offendor receiueth no punishment at all for striking or drawing of his weapons to strike vnlesse blood be shed thereby Which lawes doe procÃ©ed of the great care and reuerend respect that is had of Iustice and of peace ensuing thereof 30 For as much as some doubts and questions were mooued that certaine kinds of Treasons Misprisions and concealements of Treasons committed out of this Realme could not by the common lawes of this Realme be enquired of heard and determined within this Realme of England for a plaine declaration whereof St. 35. H. 8. 2 26. H. 8. 13. 5. Ed. 6. 11. by a Statute made Anno 35. H. 8. it was enacted That all manner of offences bÃ©eing alreadie made or declared or hereafter to bee made or declared to be Treasons Misprisions of Treasons or concealements of Treasons and done perpetrated or committed by any person or persons out of this Realme of England shal be enquired of heard and determined before the Kings Iustices of his Bench for pleas to be holden before himselfe Trial of treasons committed out of the Realme by good and lawfull men of the same shire where the said Bench shall sit and bÃ©e kept or else before such Commissioners and in such shire of the Realme as shall be assigned by the Kings Commission and by good and lawfull men of the same Shire in like manner and forme to all intents as if such treasons c. had bÃ©ene committed in the same shire where they shall be so inquired of heard and determined as is aforesaid And if any PÃ©ere of this Realme shall be indicted of any such Treasons c. then he shall haue his triall by his PÃ©eres c. Which foresaid Statute of Anno 35. H. 8. remaineth in force notwithstanding the Statute of Anno 1. 2. P. M. 10. By which it is ordered h. 13. El. Dyer 298. That all Trials had awarded or made for any Treason shall bee had and vsed onely according to the course of the common lawes of this Realme and not otherwise Outlawrie of offendors in Treason beeing beyond Sea 31 By a branch of a Statute made Anno 26. H. 8. it was ordained That all Proces of Outlawrie to be made within this Realme against any offendors in Treason being resiant or inhabiting out of this Realme or beyond the Sea at the time of the Outlawrie pronounced shal be as good and effectuall in the law to all intents as if any such offendors had bÃ©ene resiant within this Realme at the time of such Proces awarded Outlawrie pronounced And after by a Statute made Anno 5. E. 6. it was conditioned and prouided St. 5. E. 6. 11. That if the partie so outlawed shall within one yeare after the said Outlawrie pronounced or iudgement giuen thereupon yÃ©eld himselfe to the chiefe Iustice

of England for the time beeing and offer to trauerse the said indictment or Appel whereupon the said Outlawrie shal be pronounced then he shal be receiued to the said trauerse being thereupon found not guiltie by verdict of xij men he shal be cleerely discharged of the said Outlawrie and of all penalties and forfeitures by reason of the same as though no such Outlawrie had bin made And it is to be noted h. 12. El. Dyer 287. that the foresaid two Statutes doe extend to offendors in any manner of Treasons by the Common law or Statute and not to those onely which were declared to be Treasons by the Statute of 25. Edw. 3. 32 For the spÃ©edie triall and punishment of such persons as shall commit any manner of Treasons within the Principalitie of Wales and the Marches of the same or elsewhere within the Kings dominions where his originall Writs in the Chauncerie of England commonly runne not by a Statute made Anno 32. H. 8. it was enacted That all such Treasons and Misprisions of Treasons as is aforesaid Triall of treasons committed in wales shall be presented St. 32. H. 8. 4. and tried by the oathes of twelue men inhabiting within any such Shires and before such commissioners as the King from time to time in such cases shall assigne and appoint by his Commission or Commissions of Oyer Determiner in like manner forme as if such Treasons or misprisions of treasons had bin done and committed within such of the said Shires into the which the said Commissions of Oyer and Determiner shall bÃ©e directed as is aforesaid And all Presentments Trials Processes Iudgements Executions and forfeitures hereafter to be had made or done by vertue of such Commissions shal be good and effectuall in the law to all purposes Any graunt custome or vsage to the coÌ„trarie notwithstanding c. After that by the Statute made anÌ„ 1. 2. P. M. it was enacted That all trials hereafter to be had St. 1. 2. P. M. 10. awarded or made for any Treason shal be had and vsed onely according to the due Order and Course of the common law of this Realme not otherwise Quaere whether this Statute of 1. 2. P. M. doth repell or take away the force of the before rehearsed Statute of 32. H. 8. St. 33. H. 8. 20. 33 By a statute made anÌ„ 33. H. 8. it was established The force of attainder of treason by the common law That if any person or persons shal be attainted of high Treason by the course of the common laws or statutes of this Realme in euery such case euery such attainder by the coÌ„mon law shal be of as good streÌ„gth value force effect as if it had bin done by authoritie of Parliament And the king his heires and successors shall haue as much aduantage by such attainder as well of vses rights entries conditions and possessions reuersions remainders and all other things as if it had bÃ©ene done and declared by authoritie of Parliament and shal be deemed and adiudged in actuall and reall possession of the lands tenements hereditaments vses goods chattels and all other things of the offendors so attainted which his Highnesse ought lawfully to haue and which they so bÃ©eing attainted ought or might lawfully loose and forfeit if the attainder had bÃ©ene done by the authoritie of Parliament without any office or inquisition to be found of the same Any Law Statute c. notwithstanding Sauing to all and euery perfect and persons and bodies politique and their heires assignes and successors and euery of them other than such person and persons which shall be attainted of high Treason and their heires and assignes and euery of them and all and euery other person and persons claiming by them or any of them or to the vses of any of them after the said Treasons committed all such right title vse possession entrie reuersions remainders interests conditions fees offices rents annuities commons leases and all other commodities profits and hereditaments whatsoeuer they or any of them should might or ought to haue had if this Act had neuer bin made 34 Because through corruption or negligent kÃ©eping the Records of attainders of Treasons happen to be many times impaired blemished or otherwise to be defectiue St. 29. El. 2. therefore by a Statute made anÌ„ 29. El. it was ordained That no Record of attainder that now is of any person or persons No record of attainder shall be reuersed when the offendor is executed of or for any high Treason where the partie so attainted is or hath bÃ©ene executed for the same Treason shall by the heire or heires of any such person or by any other whatsoeuer clayming in by from or vnder any such heire or heirs be in any wise hereafter reuersed vndone auoyded or impeached by any plea or for any error whatsoeuer But this Act shall not extend to any Record of attainder of or for any treason vpon which any writ of Error is now depending or which Record is already reuersed repealed or vndone by or for any error matter plea or cause whatsoeuer but the same shall be and remaine as vnto and against that partie at whose suit the same writ of Error is depending or at whose pursuit the same Record hath bin reuersed repealed or vndone his their heires and assignes onely as if this Act had neuer beene had or made Any thing in this Act c. M. 33. H. 8. Dyer 50. 35 If an offence be murder or other felonie by the common lawe Felony made treason by Statute and after the same offence shal be made treason by a Statute Then it is not punishable as murder and felonie but as Treason And no appeale will lie thereof and the Kings pardon of all Treasons will discharge the offendor therein An English traitor subiect to another prince 36 If an English man borne beeing indicted of high Treason P. 13. El. Dyer 300. will vpon his arraignment plead that he will not answer to the said indictment for that he is a subiect and seruant to a forraine Prince and not subiect to the King of England in this case the Court will record a Nihil dicit and he shall haue such iudgement as is vsed in cases of Attainder of Treason An alien borne committeth treason 37 If an alien borne doe commit high Treason in England in the time of peace betwÃ©en England and that Nation where the same alien was borne P. 3. 4. P. M. Dyer 140. H. 33. H. 6. 1 he shal be indicted and arraigned of high treason and shall haue iudgement according to his desert But if it were in the time of warre betwÃ©ene England and that nation where the said alien was borne then the alien shall be ransomed and not arraigned Ioyning the kings armes with his owne 38 An Earle of this Realme was attainted of high treason

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