Appeal and upon an Indictment for in the case of an Appeal of death or other felony Co. Litt. 390. b 13. a b. Process being awarded against the Defendant and hanging the Process the Defenfendant conveyeth away the Land and after is outlawed the conveyance is good and shall defeat the Lord of his Escheat But if a Man indicted of felony and hanging the Process against him he conveyeth away the Land and and after is outlawed the conveyance shall not in that case prevent the Lord of his Escheat For in the case of the Appeal the Writ containeth no time when the felony was committed and therefore the Escheat can relate but to the outlawry pronounced but the Indictment contriveth the time when the felony was committed and therefore the Escheat upon the outlawry shall relate to that time But note that in case of an Indictment there is also a difference observed for as hath been said it shall refer to the time alledged in the Indictment for avoiding of Estates Charges and Incumbrances made by the Felon Co. Litt. 390. b. Plowd Com. f. 488. b. after the perpetration but for the mean profits of the Land it shall relate only to the Judgment as well in the case of outlawry as in other Cases There is a Question raised in the Case betwixt Grosse and Gayer viz. Whether an Attainder to a praemunire Cro. 3. part f. 172 173. shall have relation to the offence for the forfeiture of his Lands or only to the time of the Judgment pronounced But the Judges did give no Resolution of it being a point of difficulty Note Perkins sect 29. All the Attainders as to Goods and Chattels shall have relation but unto the Judgment given so that a gift c. made of such Goods by a Felon before the Judgment is good Touching Alienations by a Criminal the Civil Law says thus Post contractum capitale Crimen donationes factae non valent ex constitutione Divorum Severi Antonini D. 39.5.15 Si quis mortis causa donaverit D. 39.6.7 poena fuerit capitis affectus removetur donatio ut imperfecta quamvis caeterae donationes fine suspitione poenae factae valeant Having shew'd the Law touching Alienations I shall present to the Reader 's view the things imply'd at this day both in the Judgment of Treason and Felony 1. In the Judgment of High Treason In the Judgment relating to Crimen laesae Majestatis is imply'd at this day First Co. 3. Inst 211. Co. 3. Inst 19. 26. H. 8. c. 13.33 H. 8. c. 20.5 6. E. 6. c. 11. the forfeiture of all the Traitors Mannors Lands Tenements and Hereditaments in Fee simple or in Fee Tayle of whomsoever they be holden Also of Rent-Charges Rents seck Commons Corodys and other Hereditaments which are not holden for in case of High treason the Tenure is not material Also of Uses 33. H. 8. c. 20.5 E. 6. c. 11. Co. lib. 7. Inglefields Case Conditions unless inseparably knit to the Person of Rights of Entry of Lands in the Right of the Wife during the Coverture of the profits of Land which the delinquent hath for life during his life of trusts in Chattels Reals but not of Freehold Cro. 2. part f. 512. Pl. 23. vid. Andersons Reports Inglefeilds Case Co. lib. 12. f. 6. Dyer 288. b 289. a. Note that Rights of Actions where the Entry is taken away are not forfeitable Secondly his Wife to lose her Dower Thirdly he shall lose his Children for they become base and ignoble Fourthly he shall lose his Posterity for his Blood is stained and corrupted and they cannot inherit to him or any other Ancestor Fifthly all his Goods and Chahttels are forfeited c. and reason is says Coke his Body Lands Coods Posterity c. should be torn pulled asunder and destroy'd that intended to tear and destroy the Majesty of Government 2 In Judgement of Felony A felon impliedly is punished in these particulars 1. Co. Litt. f. 41. a. 392. a b. Co. 3. Iust 47. He doth lose his Children that they shall become base and ignoble 2. He shall lose his Posterity for his blood is stained and corrupted that they cannot inherit unto him or any other Ancestor 3. He shall forfeit all his Lands and Tenements which he hath in Fee and which he hath in taile during his life 4. All his Goods and Chattels Note that before the Stat. 1. E. 6 c. 2 5. E. 6. c. 11. the Wife of a Person attainted of Misprision of treason Murder or Felony losed her Dower but since she is dowable by these Statutes Hitherto of the Judgment or Sentence it self In doing of Execution 3. Execution of the Judgment pronounced both in Treason and Felony two things are worthy of the Reader 's notice Co. 3 Inst f. 52.211.212 1. That it be done by the right Officer as the Sheriff or Marshal for if any other execute offendours it is felony Execution must be made by the Sheriff or Marshal according to the Judgment for it is a maxime in the Law of England Non alio modo puniatur quis quam secundum quod se habeat Condemnatio Punishment may be avoided or escaped 4. Of the means by which the Judgment or Execution may be avoided in part or in all in part or totally either 1. By the means of Justice as By Writ of Error or Falsifying the Attainder 2. By the means of Mercy as By the Kings Pardon or By Restitution of these in their order 2. Of Writs of Error If the Judgment be erronious both the Judgment and Execution thereupon and all the former proceedings shall be reversed by Writ of Error but if the the former proceeding and the Execution be erronious the Execution only shall be reversed 2. Of Falsifying Attainder To falsify in Legal understanding is to prove false that is to avoid Co. 3. Inst f. 210. or to defeat the Attainder in Latin Falsare seu falsificare falsum facere Wheresoever the Judgment is void or coram non Judice Co. 3. Inst f. 231. the party is not driven to his Writ of error but may falfify the â—ttainder by Plea shewing the special matter which proveth it void or coram non Judice In which case the Party forfeiteth neither Lands nor Goods If a Man committeth Treason or felony and is thereof attainted in due form of Law and after this Treason or Felony is pardoned by a general Pardon hereby the foundation is self viz. Treason or Felony being by Authority of Parliament is discharged pardoned Dyer 20. Eliz 135. Co. Lib. 6. f. 13 14 in Arundels Case the Attainder being builded thereupon cann't stand but may be satisfy'd and avoided by Plea for he hath no other Remedy by Writ of error or otherwise If A be indicted before the Coroner for the death of another and that A fled for the same hereby are all the Goods and
AN ABRIDGMENT OF THE LAWES OF ENGLAND Touching Treasons Rebellious Murthers Conspiracies Burning of Houses Poysonings and other Capital Offences With such Readings thereon as shew the several wayes whereby Offenders in such cases may become Guilty By John Bridall Esq LONDON Printed for John Bellinger in Cliffords-Inne-Lane and Tho. Dring at the Harrow at Chacery-Lane-End in Fleet-street 1679. The general Titles contained in the TABLE ACcessories Affrayes Appeals Approver Assemblies Arraignment Attainder Battery Bribery Burning of Houses Causes Criminal Challenges of Jurors Chance-Medley Clergy Conspiracies Vide Treason Conviction Councel Duels Errors Execution Extortion Felo de se Felony Gifts Homicide Indictment Judgment Criminal Jurors King Larceny Ligeance Lex Talionis Libels Lawes Life Mispristons Murther Malice Mayhem Offences Petit Treason Poyson Piracy Punishment Principals Pain Fort Dure Pardon Rape Riots Robbery Roues Rumours Rebellion Vide Treason Se Defendendo Striking in the Kings Court. Theft Treason Verdict Advertisement THE Campagne of the French King in the Year 1677. In which is described Exactly the Three Sieges and taking in of Valenciennes by Assault and of the Town and Citadel of Cambray and of St. Omers With an Account of the Battel of Cassel Printed for T. Dring in Fleet-street JVs CRIMINIS OR THE Law of ENGLAND TOUCHING Matters Criminal JVS CRIMINIS or the Obligation of Crime is whereby a Subject for a Delict or Offence against the Imperial Crown of England is obnoxious and liable to punishment And a delict or offence is whereby the King and Common-wealth which make but one are injured Of Offences commonly termed Pleas of the Crown some are perpetrated mediatly against the Crown though not principally yet consequentially And some immediatly are said to be committed against the King Himself who is Head of the Common-wealth and in whom all general Injuries reside and to whom the Reformation of all Publique wrongs doth inseperably appertain The former kind may be divided into 3 Classes viz. 1. Into those that have Relation to life it self such as Homicide 2 Into those that respect the Body and Members as Battery Mayhem and Rape 3. Into those that belong to Dominion or property such as Theft and burning of Houses The latter kind do comprehend High-Treason Misprision of Treason Robbing the King's Treasure Bribery Extortion striking in any of the King's Courts where He resides Personally or by Representation and all manner of Breaches of the Publique Peace such as Conjurations Routs Ryots Affrayes Duels Lybels and false Rumours Of these several kinds in their Order 1. Of those Crimes that are committed mediatly contra Coronam dignitatem Regis and do relate to Life it self as Homicides In Homicide are worthy of Observation the Etymologie of it and its general Division Est homicidium Lib. 3. c. 4. nu 3. de corona sayes Bracton hominis Occisio ab homine facta si enim a Bove Cane vel alia re non dicetur proprie Homicidium Est dictum Homicidium ab komine Caedo quasi hominis Caedim And with Bracton doth Concurre in this matter another antient Author viz. Mr. Horne whose very words are these Homicide est Occision de Home per Home fait Mirror c. 1. Sect. 9. car si soit per beste ou mischeance nest Homicide Thus much of the Definition and Origination of the word Homicide As for the right division of Homicide take this as followeth Of Homicides some be done 1. Proposito voluntarily and of malice fore-thought as petty-Treason and Murther 2. Impetu voluntarily and not of malice fore-thought Of these some be Felony as Man-slaughter and some be no Felony Of which some be in respect of giving back inevitably in defence of himself upon an assault of Revenge Co. 3. Jnsti f. 54. and some without any giving back as upon the Assault of a Thief or Robber upon a man in house or abroad Some upon the Assault of one that is under Custody as the Sherif or Gaoler assaulted by his prisoner some in respect that he is an Officer or Minister of Justice without any assault in Execution of his Office or Lawful warrant 3. Casu such as be no Felony neither forethought nor voluntary as Man-slaughters by misadventure Having shewed the Reader Sr. Edward Cook 's division of Homicide I begin with the first Branch viz. Homicide voluntary and of malice fore-thought and this conteines petit Treason and Murder Treason being derived from Trabir which is treacherously to betray Trahue betrayed 1 Petit Treason and Trahison per Contractionem Treason is the betraying it self it is divided into two parts into High Treason and petit Treason It is called High or Grand Treason in respect of the Royal Majesty against whom it is perpetrated Co. 3. Inst f. 4. 20. and Commparatively it is stiled petty Treason in respect it is committed against Subjects and inferior persons so that this petit Treason is when wilful Murder in the Estate Oeconomical is committed upon any Subject by one that is in subjection oweth Faith Duty and Obedience to the party Murdered as in these three Cases following which are only mentioned by the Statute of 25. E. 3. C. 2. de prodicionibus and likewise by Britton Cap. 8. 22. 1. When a servant slayeth his Master This was petit Treason by the Common Law for it appeareth by the Book 12. 12 Ass pl. 30. Ass that a woman servant killed her Mrs wherefore she had Judgment given to be burned which is the Judgment at this day of a woman for petit Treason And herewith agreeth 21 E. 3.17 Upon the Act aforesaid if the servant kill the wife of his Master 19 H. 6.47 Flowdens Com. 86. b. Crompt 20. it is petit Treason for he is servant both to the Husband and wife A servant upon malice pretended shooteth at a stranger and misseth him and killeth his Master being by this is petit Treason in the servant though he intended no hurt to his said Master yet because he intended Murther thereby A Servant commands one to beat his Master Crompt 20. and he killeth him this is petit Treason in the servant if he be present If a servant has an intent to kill his Master Co. lib. 1. Shellies case 99b 10. H. 6.47 Plowdens Com. 260. Co. 3. Inst f. 20. and before the Execution of his purpose departeth out of his Masters service and being out of his service put his Intent in Execution and kills him who was his Master this is petit Treason for the Execution of the Act hath a Retrospection to the Original Cause which was malice conceived when he was a servant A maid-servant conspires to kill her Mistress Moores Reports nu 227. f 91. it is petit Treason in her and Murder in the Actor 2. When a Wife slayeth her Husband The wife maliciously killeth her Husband this is petit Treason in her But if the Husband maliciously killeth his Wife this is
nisi modum excedant quia emendationis non injurioe gratia videntur adhiberi puniuntur cum quis per iram ab extraneo pulsatus est 2. Persona nam magis delinquit qui patrem vel matrem vel dominum interficit 3. Locus qui facit ut idem sit furtum vel sacrilegium secundum hoc minor poena vel major 4. Tempus hoc discernit proedonem a fure a Burglatore furemque diurnum a nocturno 5. Quantitas hoec discernit furene ab Ambiguo plus enim peccat qui gregem surripuerit quam qui ovem 6. Eventus ut si ex voluntate conscientia certa fecerit quis aliquid sicut homicidium an ex eventu Et secundum hoc aut erit felonia aut infortunium Gothofredus on the Digest hath these words In factis dictis scriptis Consiliis Causa Persona Locus Tempus Qualitas Quantitas Eventus consideranda sunt Quintil. 6. Inst Atrocitas crescit ex his quid factum sit a quo in quem quo animo quo loco quo tempore quo modo 6. Of the Persons to be coesidered in Criminal Judgments The Persons that constitute Judgment criminal are § Parties Assistants and Judge 1. Of the Parties in Judgment Of these in their order The Parties are Accuser and Accused called sometime Appellor and Appellee sometime Indictor and Indictee Britton telleth us Cap. 22. that it is not for every Person to accuse or appeal for a Man outlawed neither he that hath forjured the Realm nor a Man attainted nor an Approver that hath failed in his probation nor an Infant within the age of 14 yeares nor a mad Man nor an Ideot nor a mute nor one that is deaf nor a leper nor a Man within Holy Orders are not receivable in Appeals c. The Mirror saith that Women Infants Ideots Lepers c. 1. sect 3. or Professours in Order of Religion or Clerks or Persons attainted of felony or non compes mentis cannot be Approvours Now an Approvour is he who hath committed some felony which he confesseth and appealeth or approveth that is to say accuseth others which were coadjutours or helpers with him in doing the same or other felonies which thing he will approve and this proof is to be either by Battaile or by the Countrey at his election that appealed This Accusation is often done before the Coroner who either is assigned to the felon by the Court to take and record that which he saith or is called by the felon himself and required for the good of the Prince and Common-wealth to record that which he shall say If upon his appeal all those Partners be convicted the King ex merito Justitioe is to pardon him But it is in the discretion of the Court either to suffer him to be an Approver 21. H. 6.29 b. 34. b. or after his approvement to respite Judgment and execution until he hath convicted all his Partners Note If a Man that is of good fame be appealed by an approver by which he is apprehended and kept in prison yet het may have a writ to be directed to the Sheriff commanding him to suffer the Party appealed to be Bayled by good sureties But if a Man appealed by an Approver be kept in prison and afterwards the Approver dieth there he may sue a Writ directed to the Sheriff to suffer him to be Bayled upon good surety if he be not a notorious felon although he be not of good fame Fitzh N.B. 250. d. Note further that before Indictment no person can approve because if his approvement be false 43. Ass Pl. 39.15 E. 3. Cor. 113.11 H. 7.5 no Judgment whatsoever he confessed can be given against him unless he be indicted and no Judgment can be given against him if his Appeal be false but of the offence contained in the Indictment and so are the Books to be understood Thus much of the Party accusing As for the party accused or appealed he is alwayes arraigned either as principal or accessary Of these distinctly and apart 1. Of Principals It is a sure rule that in alta proditione Co. 3. Inst 138. nullus potest esse accessorius sed Principalis solummodo As if many men conspire to Levy War Co. 3. Inst f. 9. and some of them do Levy the same according to the conspiracy this is High treason in all for in Treason all be principalls If a man committeth Treason 19. H. 6.47 3. H. 7.10 Co. 3. Inst f. 138. and thereby becometh a Traitor if any other man knowing him to be a Traitor doth receive comfort and aid him he is guilty of Treason as principal for that there be no accessaries in High Treason Note Co. Litt. 57. b. Co. 3. Inst 20 21.57 Inst 20 21. Co. 3. Just 138. Co. lib. 4. Vaâ—xes Case Plowd Com. 47â— Saunders's Case Co. lib. 9. Gores case that in the lowest offences there are no accessaries but all are principals as in Riots Routs c. There is another rule Nullus dicitur felo principalis nisi actor aut qui proesens aut auxilians actorem ad feloniam faciendam But this rule hath his exceptions for in ease of poysoning if one layeth poyson for one or infuseth it into a broth or the like albeit he be not present when the same is taken and either the party intended or another is poysoned yet he is a principal and in that case both the principal and procurer or accessory may be absent So there is a felony wherein all be principals Co. 2. Iust 138. Co. 3. Inst f. 61. as well before as after though they be absent at the doing of the felony but this is specially provided by the Statute of 3. H. 7. c. 2. of Taking Women against their wills Note If any be present abetting and aiding any to do an Act Co. 3. Inst f. 59. 3 4. P. M. Justice Dalisons Reports though the offence be personal and to be done by one only as to commit a Rape not only he that doth the Act is a Principal but also they that be present abetting and aiding the misdoer are principalls also 2. Of Accessary In case of felony as there be principals so there be Accessories and accessories be of two sorts by the Common Law and by the Statute Law Accessory by the Common Law is also of two sorts § 1. Accessory before the offence or fact and it is he that commandeth or procureth an other to commit felony and is not there present himself when the other doth it but if he be present then he is also a principal As where I. S. doth hold I. X. and commands I. D. to kill him whereupon I. D. doth give him a wound to his heart whereof he instantly dies It is held that both be principals because both are parties to the wound 13. H. 7.10 a. So a Woman servant conspired to rob her Mistress and
therefore when she taketh another Husband cessante causa ceffat effectus and her Appeal is gone as la Widdowes Quarentine is determined when she is once remarried 3. 1. Robbery Of wrong done to the Appellants themselves as Robbery Rape and Maihem If in an Appeal of Robbery Co. 3. Inst f. 227. the Plaintiff omit any of the goods stoln they are forfeit to the King for the favour which the Law persumeth the Plaintiff beareth to the Felon and for that he cannot have restitution for more then is in his Appeal If the Jury find in an Appeal of Robbery for goods 2. E. 3. Cor. 367 368. that the Defendant found them in the High-way in this case the Plaintiff for his false Appeal seeking the blood of the Innocent shall forfeit his goods to the King If any Virgin 2. Rape Widdow or single Woman be ravished she her self may sue an Appeal of Rape prosecute the Felon to death and the Kings Pardon cannot aid him But if a Feme Covert be ravished she cannot have an Appeal without her Husband as appears 8. H. 4.21 If a Feme Covert be ravished and consent to the Ravisher the Husband alone may have the Appeal 11. H. 4.13 and this by the Stat. of 6. R. 2. c. 6. And the Husband that this Statute speaketh of which may sue the Appeal must be a lawful Husband in Right and possession for He unques accouple en loyal Matrimony is a good Plea against him An Appeal of Maihem was brought by one Milles. 3. Maihem and the Maihem was assigned in his shoulder and the Defendant demanded the view and it was said that he should not have it because it was done de son tort demesue 21. H. 7.23 b. also it was said that Surgeons may heal and cure him and although he shall be tryed by Inspection of the Court or by Chirurgeons it was held be it one way or other it is peremptory for him c. It was held by all the Justices of the Kings Bench 21. H. 7.40 a. that in an Appeal of Maihem if the Defendant pray that the Maihem may be examined if the Justices or Surveyors which they require be in doubt whether it be a Maihem or not the Judges may refuse the examination and compel the Party to put it upon the Country Thus much of wrong done to the Appellants themselves I shall conclude this Learning touching Appeals with these Queries Qu. 1. Whether all Appeals ought to be sued in proper Person Resp It is answered that all Appeals are to be sued in proper Person and not by Attorney 21. E. 4.72 73. as Appeal of Maihem must be in proper Person A Woman which was Grossement euseint The Womans Lawer lib. 5. sect 2. sued this Appeal and the Defendant was attainted the Womans Appearance was recorded for the whole Terme and yet by the better opinion she might not pray Execution by her Councel but ought to come in proper person therefore one of the Judges did ride to Islington to her to see if she were alive and desired Execution which she required and the Defendant had Judgment Qu. 2. Whether an Appeal may be commenced more then one way Resp It is answered that Appeals are commenced two wayes either by Writ or by Bill 1. By Writ when a Writ is purchased out of the Chancery by one Man against another commanding him that he shall appeal a third Man of some felony or other offence by him committed and to find Pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded 2. By Bill when a Man of himself giveth his Accusation of another Man in Writing to the Sheriff or Coroner and taketh upon himself the burthen of appealing him that is named in the said Writing And note that there is a diversity worthy of observation betwixt an Appeal by Bill and by Writ for in the Appeal by Original Writ both principals and accessories Co. 2. Inst f. 183. are generally charged alike without any distinction who be principals and who be accessories but otherwise in the Appeal by Bill Thus much of the Accusation by way of Appeal I proceed now to speak of the other kind of Accusation viz. by Indictment Indictment cometh of the French word Enditer Indictment Co. Litt. f. 126. b. and signifieth in Law an Accusation found by an Enquest of 12 Men or more upon their Oaths and the Accusation in Latin is called Indictamentum And as the Appeal is ever the Suite of the Party so the Indictment is alwayes the Suite of the King and as it were his Declaration For the clearer understanding of Indictments take these following Rules That there be words so appropriated to offences criminal Reg. 1. that they cannot be Legally by any other words or Periphrasis The word Rapuit Rape in an Indictment of Rape must be used for carnaliter cognovit eam or the like will not serve Co. Lit. 124. a. Co. 2. Inst 180. Cro. 2. part Fitzwilliams Case An Indictment Murder Quod felonice ex malitia sua praecogitata occidit such a one without saying Murdravit is no Indictment for Murther although these words Tantamount Cro. 3. part Fitzwilliams Case Co. l. 4. Brookes Case 39. b. 8. E. 6. Dyer 69. a. 304. b. No Indictment can be of High treason High treason without this word proditorie Co. 3. Inst f. 15 4. In an Indictment of Maihem Maihemavit cannot be expressed by any word Maybem as mutilavit truncavit or the like Co. Litt. 126. b. The word Felonice Felony must be used in all Indictments of Felony and cannot be expressed by any other word Co. Litt. 391. a. False Latine shall not quash an Indictment if the word be sensible Reg. 2. Co. leb 5. Lowes Case It is moved in Arrest of Judgment that an Indictment was not good being fecerunt Cro. 〈◊〉 part Cholme leges Case whereas it was found only Billa vera against one sed non allocatur Because it was exhibited against two and it is but false Latine Misrecital of a Statute Reg. 3. being fatal in Indictments the sure way is to draw the Indictment with conclusion contra formam Statati and with no Recital of the Act. Co. l. 4. 48. a. Every Indictment ought to have the Addition of the Party indicted Reg. 4. and his place of Abode Cro. 2. part Reads Case and Johnsons Case 610. In all Cases of death the word percussit Reg. 5. ought to be used except in case of poysoning Co. lib. 5. Longs Case Where a Man indicted is not convicted Reg. 6. or acquitted he may be arraigned upon a new Indictment Cro. 3. part Withipools Case Where the substance of the Indictment Reg. 7. Co. Litt. f. 282. a. lib. 9. Mackaleyes Case no matter for circumstances As if A. be indicted of murder
the Suit and so the Master should have the loss by his falshood therefore the Master shall bring the Action and have his Servant who was robbed be his witness whereupon it was adjudged for the Plaintiff Action upon the Stat. of Hue and Cry supposing that he was robbed in such a High way in divisis Hundredorum Cro. 2. part Foster v. Inhitantes Hundredorum de Spehar f. 675. and that he gave notice thereof to the Inhabitants of the Hundred near to the Place where he was robbed After Verdict for the Plaintiff it was moved in Arrest of Judgment that this declaration is not good because he doth not shew that the High way is within any Hundred And in truth it out to be given to the Inhabitants of both Hundreds and so be divers Presidents that notice was given in the other Hundred to the Inhabitants of that hundred Sed non allocatur wherefore it was adjudged for the Plaintiff Hue and Cry made in the next Vill adjoyning though it were in another County Cro. 3. part Tutter v. Inhabitants of Daccorar is good enough for a Stranger cannot know the division of Countys Vide Cro. 3. part Merrik v. Hundred de Rapesgate 379. Action upon the Stat. Co. 2. part Andrews v. Hundred of Lewknour 187. of Winton of Hue and Cry and shews in his Count the said Statute and that such a day he was robbed of so much within that Hundred and that he made Hue and Cry and shews according to the Statute of 27. Eliz. And that within 40 days before the Action brought he was sworn before such a Justice of Peace that he was robbed of so much and did not know any of the Felons that as yet the Defendants had not taken any of the Felons nor satify'd him contra formam Stat. praedict unde Actio accrevit After Verdict for the Plaintiff it was moved that this Declaration was not good because the Action is founded upon two Statutes and both mentioned in the Declaration yet he concludes contra formam Statuti praedicti which is not good and the Court thereupon doubted and appointed Presidents to be searched and after divers Presidents of this Court and the Common Bench shewn unto them wherein some were Contra formam Stat. praedicti and some Statutorum praedictorum And the Court held that the best forme was Statuti praedicti For the Action was grounded only upon the Statute of Winton which gives penalty and remedy the other shews only how the Examination shall be and in what time before the Action brought otherwise he shall not have the Action and Statuti praedicti refers only to the Stat. of Winton which gives the Action therefore the best form to declare is Contra formam Statuti praedicti Thus much of the Satutes touching Hue and Câ—y FINIS THE TABLE A. Accessories IN what offences Accessories may be and in what not 123 The several sorts of Accessories 124 Accessories by the Common Law what 124 125 Accessories by Statute Law what 125 126 Where the Common Law or Statute Law makes a Felony Accessories are still included 126 Rules touching Accessories Id. Where an Accessory cannot be guilty of Petit-Treason when the principal of Felony Id. Where the Accessory shall not be tried if the Principal hath his Clergy or be pardoned 126 127 Writing of Letters in favour of a Felon will not make the Party an Accessory 129 Instructing a Felon to read will not make an Accessory 129 Perswading Witnesses not to appear will not make an Accessory 129 Quaeries touching Accessories 128 129. c. Affrays The derivation of the Word Affray and the diversity betwixt it and an Assault 106 The punishment of an affray 103 What persons are bound to part Affraies 103 The punishment of those that refuse to part Affraies 103 104 Affraies inquirable in Leetes 106 Appeals The Description and Derivation of an Appeal 136 Who may and who may not Appeal accuse c. 121 Where the Wife shall have an Appeal of the death of the Husband and where not 137 138 Where the Wife shall have an Appeal and yet not be endow'd and e converso Ibid. The true reason why the Wife hath an Appeal de Morte Viri 138 139 She ought to be Sole and unmarried that brings an Appeal 138 The taking of a second Husband after Judgment and before Execution hinders the Execution of the Judgment 138 An Appeal ought to be sued in proper Person 140 141 Appeals how many ways commenced 141 A Diversity betwixt an Appeal by Bill and by Writ Ib. Approver Who may and who may not be an Approver 123 His Description Ib. Where none can be an Approver upon an Appeal 122 Where a Man appealed by an Approver and thereupon kept in prison may be Bailed by good Sureties given 122 Assemblies Assemblies unlawful how dangerous in former times 110 Arraignment Arraignment of a Prisoner what 149 The manner of Arraigning of a delinquent 149 Attainder Where a Man attainted shall be liable to Arrests and Executions for debt 151 152 A Diversity betwixt an Attainder and an Entry into Religion 152 A diversity betwixt purchasing of Lands before and after an Attainder Ib. A Person attainted after a Pardon may have an Action of Battery c. done before the Pardon granted Ib. The several sorts of Attainders 153 A difference betwixt a Person attainted and convicted Ib. Where upon an Attainder of Felony in an Appeal the Defendant shall forfeit no Lands but those he had at the time of Outlawry pronounced secus in an Indictment Ib. Attainders as to Chattels shall relate but unto the Judgment pronounced 154 Battery What it is 50 Who may chastise and correct in a moderate manner Ib. Where a Man may return blows in his own defence or in the defence of another 51 Where a Man may not return or give any blows in his own defence Id. Bribery Bribery what 94 It may be committed though no Suit depending in foro contentioso 94 95 It may be committed by one that is a Judicial Officer in the Ecclesiastical Court 95 Difference betwixt it and Extortion 97 Burglary The Etymology and definition of it 64 65 What shall be said an entry into breaking of an House to make it Burglary Ib. Where it shall be Burglary though but one doth enter Ib. Where a Man may commit Burglary though he breaketh not the House 65 66 What shall be said a Mansion House the breaking whereof makes it Burglary 66 67 A Chamber of Innes of Court or Chancery is a Mansion House 67 To break an House to the intent to beat another not Burglary 68 House breaking 68 69 70 Burning of Houses It s Description 72 What shall be said Burning of Houses to make make it Felony 73 Where the Burning of an House without an intent to do it shall be Felony and wheren ot Ib. The Burning of a Man 's own Houses is no Felony 73 74 Causes Criminal Why Causes Criminal are called
Pleas of the Crown 135 136 How they are brought to a Judicial hearing 136 Challenges to fight 107 Challenges of Jurors What number the Party may challenge what not 156 Chance-medley What it is 47 One Trained Souldier hurting another by mischance 47 Where the killing of another by misfortune shall be murder and where not 48 Where 't is Homicide in a Physician and where Covert Felony 49 Clergy In what particulars the benefit of Clergy is taken away at this day 127 A Rule touching this Clergy 128 Conviction When a Man is said to be convicted 151 Councel What advantages a Prisoner may take in case of Treason or Felony to have Council assign'd him 131 Council allow'd in Appeals but not in Indictments the reason of the diversity 131 132 A Prisoner may have Council in matters of fact 130 131 Duels They are against the Law of God Nature and the Laws of the Realm 102 The punishment of Duellists though no blood be shed 103 What Duells lawful 102 103. Error 157 Execution Where it ought to be done by a right Officer 156 Where it ought to be according to the Judgment Id. The means by which Execution may be avoided 157 Extortion What it is 96 More odious then Robbery 97 Felo de se The Description of a Felo de se 8 The reason why he forfeits Goods Ib. Where a Man shall be said Felo de se and where not 9 How Felo de se shall be enquired of where the Body cannot be found 10 His Goods not forfeited till found of Record 9 10 Where a Joyntenant becoming Felo de se shall forfeit but part where the whole 10 A Debt owing to Felo de se upon a bare Contract is not forfeitable to the King 11 Felony A Pardon of all Felonies is no Pardon of Treason at this day 135 The extent of the word Felony Ib. To break a Prison where by the Felons may escape is Felony 83 The begging of the Estate of a Delinquent before conviction and Attainder is illegal 151 Where none may seise the Goods of any Person before conviction Ib. No Goods of an Offender ought to be fearched or Inventoried before Indictment nor removed before conviction Ib. Falsifying Attainders 157 Gifts 95 96 Homicide The Etymology of the word Homicide 2 It s right division Ib. How many sorts of Homicides there be 3 What Homicides are Felony and what not Ib. The Description of Homicide 2 Homicide voluntary what it contains 3 Jus criminis what 1 Indictment The signification and derivation of the word Indictment 141 142 The difference betwixt an Appeal Indictment 142 In Indictments words are so appropriated to offences that they cannot be expressed by any other words Ibid. Rules touching Indictments 142 143 Judge No man to be Judge in his owne Cause 50 Judges in criminal Causes ought to deliver their opinion before hand 134 The duty of Judges 133 134 Who Judges of Fact and who of Law 132 133 Judgement criminal The Persons consider'd in it Assistants in it who 130 Their duty Ib. In Judgement of High-Treason or Felony what is implyed 155 156 Jurors The properties of Jurous 132 133 King His Treasure the sinews of War 96 Head and health of the Common-Wealth 1 75 87 Making War solely appertains to him 82 Larceny Larceny what 55 It s twofold 55 56 What shall be said a felonious taking what not 56 57 Whether an Infant unper the age of discretion can commit Larceny 57 58 Where there must be a felonious taking as well as a felonious carrying to make a Larceny 56 Where and where not a Feme Covert may be guilty of a Larceny 58 59 Where the Wife cannot steal the Goods of her Husband Ib. It may be committed of a thing that is delivered by Replevin 59 What shall be said a felonious carrying away to make it a Larceny 59 60 Larceny cannot be committed of Personal Goods that savor of the Realty Ibid. Where 't is Larceny to steal the sheets from the Dead 61 Where a Man may steal his own Goods Ib. Ligeance It cannot be shaken off 85 Lex Talionis 53 Libels Libel what it signifies 107 Libelling be it true or false is punishable by our Law Ib. How a Man must demean himself that finds a Libel 106 A French Libel punishable 107 A Libel punishable by Indictment Ib. Laws The Greek Law touching a Childs stealing of Goods 58 What the Civil is touching these following particulars § Self-Defence 9 A Mans Intention 9 44 Poysoning 13 Malice 14 A Woman pregnant 15 Physicians and Surgeons 49 A Mans Limbs 52 Life 8 Theft 55 An Infants stealing 58 Death 61 A Man stealing his own Goods 61 62 Robbery 64 Sacrilege 66 67 Pyrats 71 Burning of Houses 74 75 Treason 78 Calculation 80 81 Authority of making War 82 Ligeance 85 Fausonnery 86 Mad-Men 88 The Custom of places 90 Treasure 93 Robbing of Treasure 94 Gifts and Bribery 95 96 Rape 54 Riots c. 103 Force 102 Libels 107 Punishments 114 117 Personal offences 118 119 Doubtfull Interpretations 119 Circumstances 120 Principal and Accessory 128 Alienations 154 Life No Man has power over his own Life nor members 8 52 Misprisions The Derivation of the word and its Derivation 91 It is twofold 91 92 The punishment of Misprision of Treason 93 Every Treason and felony includes in it a Misprision 193 Where words without overt Act are as punishable as Misprision of Treason 92 Murder It s Derivation 8 How divided Ib. Murder how heretofore how at this day defined 11 Where a mistake in the principal shall make the Accessary guilty of murder and where not 12 What Persons are capable of being murdered 11 Poysoning the worst of Murders 13 Whether an Infant within the age of 9 years can be guilty of Murder 13 14 Where there ought to be a continued malice to make it murder and where not 14 15 Where 't is no Murder to kill an Infant en ventre de sa mere 15 Murder in a Mother to conceal the death of her Bastard-Child 16 Stabbing another where wilful murder Ib. What murders tryable before the Constable and Marshal 32 33 What Officers it is murder to kill 36 Malice Where to kill another without provocation is malice implied 33 34 How many kinds there be of malice impli'd Ib. Mayhem The signification and derivation of the word Mayhem 51 In what cases a Mayhem may be done and what not 51 Judges may use the help of Surgeons in point of a Mayhem 51 52 Mayhem how termed by the Canonists 51 Where a Man was indicted for mayming himself Ib. The antient punishment for him that maymed another 52 Maliciously to cut the nose is felony at this day 51 The degree of this offence called mayhem 53 Offences An offence or delict what 1 How many ways offences are committed Ib. What offences despoil Men of their property 54 Offences that injure Mans Body or members 50 Offences relating to life
2 Petit Treason What it is 3 How many ways it happens 3 4 What may be said Petit Treason in a Servant 4 Execution of a Servants Act hath a retrospection to the Original cause Ib. What may be said Petit Treason in a Wife 5 Parricide whether Petit Treason or not 6 7 Poyson How many ways a Man may be poysoned 35 36 Piracy The Etymology of the word Pirat 70 71 Piracy where antiently Treason where not Ibid. It alters not property unless it be in Market overt Ib. Where there shall be no corruption of blood in case of piracy 71 72 Where a Pardon of all felonies shall not extend to Piracy Ib. Punishment It s definition 113 The true end thereof 114 It s several sorts in our Law in the Jewish and Romane Laws 114 115 116 117 Circumstances observable relating to punishments 120 Principals In Treason all are principals 123 Rules touching principals Ib. Where a Man may be principal though he be not present at the Act. Ib. Where a Man may be principal as well before as after though he be absent at the doing of the fact 124 Where the being present and abetting an offence makes all principals though the offence be personal Ibid. Where the Attainder of an Accessary depends upon the Attainder of the principal 128 Pain Fort Dure In what cases a Man that stands mute shall have Judgement of Pain Fort and Dure and in what not 150 Where the Judgement of Pain Fort and Dure shall be no Plea to a former felony 146 Pardon The Description and Etymology of it 158 159 How many sorts of Pardons there be Ib. Where a Writ of Allowance is necessary to a Pardon and where not Ib. 160 Rape c. 83 84 Riots The Description of a Riots and its derivation 101 Stat. touching Riots Ibid. What number of Persons may commit a Riot a Rout ad unlawful Assembly 103 Robbery It s definition 60 The Difference betwixt a Robber and a Cut-purse 63 What shall be a taking in case of Robbery and what shall be said a taking from his Person 63 64 65 The Thieves reception only may make a Robbery 64 Routs The description of a Rout. 98 The difference between a Levying of War and committing a great Rout c. 100 101 Rumours The punishment before the Conquest and what since of those that are authors of false Rumours 110 They were heretofore very dangerous to our Kingdom Ib. Se Defendendo What Homicide se defendendo is 44 Where a Man ought to give back to prevent Homicide where not 45 46 Sacrilege 68 69 70 Striking in the Kings Court. A diversity betwixt a stroke in or before the Courts of Justice and the Kings Courts where His Royal Person resideth 99 Where to strike in Westminst Hall or the Kings Palace is a great Misprision the punishment of it 97 98 Theft The Etymology of the word Furtum 55 Its Definition Ib. Forbidden by the Law of Nature Ib. The several sorts of Theft Ib. Treason It s derivation and how divided 3 Violation of Royal Majesty a most abominable thing 75 76 To compasse or imagine the death of the King High Treason 76 What are sufficient overt Acts to prove the imagination of the Kings death Ib. 77 In every rebellion by Interpretation of Law there is a machination against the Life of the King 77 A diversity betwixt Treason and Felony 78 Where words or Writing are sufficient overt Acts of Compassing the Kings death Ibid. Where words may make a Heretique but not a Traytor 80 No words are Treason unless made so by some particular Statute Ib. No Treason at this day but what is made by the Stat. of 25 E. 3. Where to set a figure to know how long the King shall live or Reign is no Treason Ib. Where to practise to depose the King to imprison him or to take him into their power shall be Treason 76 77 The compassing or imagining the death of the Queen or Prince is High Treason 81 Where slaying the Chancellor c. shall be High Treason Ib. Carnal knowledge of the Kings Consort the Kings Eldest Sons Wife or of the Kings Eldest Daughter Treason Ib. What shall be said Levying of Wartomake it Treason 82 83 To go in Warlike manner with a multitude to assault a Privy Councellor at his House is Treason Ibid. The breaking of a Prison wherein Traitors be in Durance and causing them to escape is High Treason though the Parties did not know there were any Traitors there Ib. There must be Levying of War de facto to make it Treason Ib. What shall be said an adhering to the Kings Enemies to make a Treas within the Stat. of 25. E. 3. 83 84 Where a conspiracy with a Foreign Prince shall be Treason and where not 84 85 The aiding and succouring a Rebel beyond Seas is no Treason Ibid. Who shall be said Enemies and who Traitors Ibid. To counterfeit the Great-Seal or Mony is Treason Ib. Forging the Kings Coyn without uttering it is High Treason 85 86 Bringing into the Realm counterfeit Coyn High Treason 87 By the Antient Law a Mad-Man might be guilty of High Treason 88 Where a Non compos mentis cannot be guilty of High Treason at this day Ib. What Aliens may commit Treason Ib. Where the killing of an Embassador was adjudged High Treason 89 An Embassador shall loose the Priviledges of an Embassador for committing High Treason Ib. A Foreign Prince by residing here may commit Treason 90 91 The Judgement in Treason for Counterfeiting Mony 86 Verdict The signification and derivation of the word 133 Several kinds of Verdicts Ibid.