21. H. 7. 39. As In what cases any pâ—rson may deâ—end himselfe and his by force if theeues or robbers do come to a mans house to rob or murther him he may defend his house by force and if he or his seruants do kill any of them they shall receiue no hurt thereby And if a man being in his house doe heare that another will come to his house to beat him he may lawfully assemble his neighbors and friends to assist and aid him in the defence of his person for his house is his castle and place of protection defence where he must dwell But if a man be threatened â—hat if he come to such a Market or Fayre or to such a place that then he shall be beaten in this case he may not assemble his neighbours and friends to go thither in safegard of his person for there is no necessitie that he should go thither seeing it would rather be a meane to seeke a quarrell then to eschew it but in that case he may take his remedy by surety of peace 16. Ed. 4. 17. 9. E. 4. 28. 19. H. 6. 31. 6. H. 7. 1. And if there be an atteÌ„pt made to maihem wound or beat a man his wife father mother or any of his children within age or to disseise him of his land or to dispossesse him of his goods or to disturbe him of his high way or to turne an ancient watercourse from his mill he may lawfully vse force to resist it 34 As the law hath prouided by the before rehearsed statute of 15. R. 2. St. 15. R. 2. 2. that wheÌ„ any forcible entry shal be made into any benefices or offices of the church a Iustice of peace shall take the power of the county and commit the offendors to the gaole So hath it further deuised that if there be debate betwéene two persons for one church and one of them doth enter into the church with a great power of lay men and holdeth out the other by force and armes then he which is holden out The writ of Vi laica remouenda to remoue force shall haue a writ of Vi laica remouenda directed to the Shirife commaunding him that he shal remoue the power which is within the church and the shirife shal be further commaunded that if he doe find any that doe resist he shall take with him the power of the county and attach the bodies of all the resisters and commit them to prison so that he may haue their bodies before the King at a certaine day to answer for their contempt Fitz. Na. B. 55. But by this writ the Shirife ought not to remoue the Incumbent who is in possession of the church be he in possession by right or wrong but only to remoue the force and to suffer the Incumbent to inioy his possession for if he do remoue the Incumbent the same Incumbent shall haue a writ to the Shirife to restore him to it againe Where force shal be remoued for the K. incumbent where not 35 If the King do bring a Quare impedit against the disturber and the Incumbent and the Kings title is found for him Br. force 20 whereupon his clarke is instituted by writ and after the first Incumbent doth enter by force great number of people and doth take the profits the Kings Incumbent shall not haue the Kings writ to the Shirife to remoue the force for that when the iudgemeÌ„t giuen by the court is executed the court hath no more power to deale in that cause But if the defendant had disturbed the Bishop to admit the Kings Incumbent then he should haue had such a writ ⧠Forgerie 1 HAuing vndertaken to write of the great and generall maladies of the Realme and the chiefe impediments of the iustice and peace of the kingdome I shall not farre digresse from my theame by treating of Forgerie Periury Maintenance Deceit Extortion and Oppression wherein though a man be not assaulted by the rapier and dagger pike-staffe or bilbow-blade as he is in a fray forcible entrie or riot yet a forged déed that conueyeth his land from him a false othe which depriueth him of his lease or vnlawfull mantenance that wresteth his credit or goods from him do longer disturbe the peace of his mind stick in his stomacke and infixeth a déeper and more durable impression of sorrow into his heart than a boxe on the eare a dust in the necke or a blow with a cudgell giuen on the sodaine will doe For the griefe of these later stripes is short and doe weare out of mans mind by little and little as his choller ceaseth and his hot bloud cooleth but the discontent and the wants which he receiueth of the former blowes doe continue with him and yéeld him most dislike when he is most patient and best aduised And therefore the wisedome of this Realme hath from age to age taken great care by lawes and statutes to represse them and to inflict vpon the offendors in euerie of them penalties correspondent to their deserts Our lawes doe chastise those that breake the peace by frayes assaults batteries riots or routs with imprisonment of their bodies vntill their hot blouds be cooled and their distemperat humors be qualified but they doe impose sharper and more durable punishments vpon such as doe forge déeds commit or procure periurie Forgerie periurie maintenance do ten 5 to the breach of the peace or bee maintainers of other mens suits or quarels accounting these last offences to tend more and for a longer time to the breach or blemish of the peace or hinderance of the iustice of the Realme than the former doe As hee that committeth forgerie in some cases shall bée set vpon the pillorie loose his eares haue his nostrels slit and pay to the partie grieued his double costs and dammages And in some other cases shall be hanged as a felon He that committeth periurie shall in some cases be one yeare imprisoned be set vpon the pillorie and neuer after be allowed as a witnesse And hee that maintaineth other mens suites shall in some cases be thrée yeres imprisoned and further punished at the kings pleasure And in some other cases sustaine other disgraces And therefore the preamble of the statute of anno 1. St. 1. H. 5. 3. H. 5. doth truely informe vs that forged déeds do trouble and change the lands of good people intending to be in peace And the statute of anno 32. St. 32. H. 8. 9 H. 8. doth teach vs that the suborning of witnesse for to maintain any matter or cause is to the disturbaÌ„ce or hinderance of iustice The enormity of Forgerie 2 The forging of false sealed Déeds Euidences or Writings or of Court Rols or of the will of any person or of any Obligation Bill obligatorie Release or other discharge or the pronouncing publishing or giuing in euidence of the same wherby any person shal be molested troubled charged
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 s̄ at the least or else copyhold lands to the yearely value of xxvj s̄ viij d. at the least aboue all charges By the Statute of An̄ 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 cléere yearely value of xl s̄ By the Statute of An̄ 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 An̄ 11. H. 7. An̄ 23. H. 8. An̄ 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 betwéen 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 Veredictū 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 fréedom 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. Assi◠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 trées 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 shée trusted in place of justice and from whom shée accompted to receiue truth 17 But sithence by the Statute of An̄ 11. H. 7. and An̄ 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 kéeping the Hustings to such vses as other issues and penalties béen 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 betwéene 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 fréehold 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
writeth That he which is appelled of the déed doth come and defend all manner of felony and that the peace of the king is not broken whatsoeuer is against the K. peace and the death whatsoeuer is obiected against him and that he doth put himselfe vpon the countrey of good and euill that he is not guilty thereof if he do chuse the country Or that he is ready to defend himselfe by his body against the appellant as the kings court shall consider for if he will simply say that he will defend himselfe as the kings court shall consider vnlesse he will say more he shal not be defended for the kings court must not instruct him in what manner he ought to defend himselfe and if he doe say that he is ready to defend himselfe either by his body or by the countrey as the kings court shall consider he séemeth thereby to take from himselfe election And the kings court ought not to compell him to the one more then to the other nor to inforce him how he shall defend himselfe séeing he hath frée choice and therefore he must hold him to one of them But if he make his election to be tried by the countrey it shall not be in his choice what countrey he will take Fi. Cor. 121 83 A writ of Appeale shall abate for false Latine or for lacke of forme Pleas to the writ in appeal as in a writ of Appeale this word Habeas did want and therfore the appeale abated without amendment In an appeale brought against a principall and accessorie of the death of A. B. of C. in the County of D. the accessory pleaded 18. El. Dyer 348. that there was no such A. B. at the time of the writ brought neither was there euer any such as the writ supposeth and demaunded iudgement of the writ and this was adiudged a good plea in abatement of the writ if there were no such A. B. in the said County of D. though there was one at that time of the name of A. B. in another County Or if the said A. B. dyed before this appeale commenced 84 In an appeale of Rape the writ shall be The forme of the writ of appeale of Rape ad respondendum appellanti secundum formam statuti quare vxorem suam rapuit and not vnde eum appellat secundum formam statuti because the statute doth not giue the appeale for the appeale was at the common Law but hée ought to answere according to the Statute to this intent that he shall not wage battaile for the Statute sayth St. 6. R. 2. 6 Ad duellum vadiandum minimè recipiatur And though in his writ of appeale of Rape he doth not vse these words felonicè Rapuit yet is the writ good notwithstanding that for in this word Rapuit felony is implied If in an appeale of Rape the writ hath not this word Rapuit 3. Eli. Dyer 202. it shal abate Rapuit materiall although it hath words amounting to the same effect as carnaliter cognouit such like S. Felony by Statute 4. 7. H. 7. 6 Co. li. 4. 47. 85 One shall not haue diuers writs of Appeale Not two appeales for one offēce against one person depending at one time against another of one felony But yet before the writ be abated it is requisite that the court be satisfied that both those writs were pursued by the plaintife which must be proued by some act that the plaintife hath done as if he hath appeared to them both and counted vpon them for notwithstanding that one of them hath bin deliuered of record to the shirife to serue yet séeing that may bée done by a stranger as well as by the plaintife it shall be no conclusion to the plaintife to say that the said writ so deliuered of record was not his sute And the like law is 4. H. 6. 15. if an appeale by bill be commenced in the county before the shirife and the Coroners and is remoued out of the county into a court of record and there depending the plaintife doth purchase another appeale by writ this appeale by writ shal abate But it is otherwise if the appeal by writ be purchased before the appeale by bill remoued out of the county 10. H. 4. 4. for there the Court ought to send for the appeale in the county without abating the appeale which is cōmenced by writ and this is more worthy and of an higher nature then is the appeale by bill commenced in the county which is but as a plaint vntill after it be remoued for it is a common course in the K. Bench when an appeale is depending there by Writ to send for the appeale cōmenced by bill in the county and yet if the appellant be nonsute in his appeale depending in the county his Writ shall abate 86 In an appeale brought against two Pleading of one in appeale against two one of them may plead 21. E. 4. 71. 7. H. 4. 27. that his companion that was named with him in the Writ died at such a place before the Writ purchased Or that there was none such in Rerum natura as the other which was named with him in the Writ the day of the Writ purchased for if he that doth appeare should not plead these pleas there is none to plead them and in the foresaid cases and in all other cases of appeales against seuerall persons if the appeale doth abate against one of them 9. H. 4. 2. it doth abate against them all 87 In an appeale if the def do plead that the plaintife is misnamed The plaintife misnamed 9. H. 5 1 if the plaintife will confesse it the couin shal be examined viz. whether he doth it by couin betwéene him and the plaintife or not But if it be proued true that the plaintife is misnamed the appeale shall abate 88 In an appeale the defendant may haue two or thrée pleas to the writ Two or thrée pleas to the writ as the tenant shal haue in an assise But he must take care that one of them be not contrary to the other 89 To make a barre in appeale Barres in appeale is to run ouer the foresaid title to whom appeales be giuen and according thereunto to frame his plea in barre for if an appeale be commenced by one that hath no title to maintaine it that is good matter to plead in barre against the appellant As if a woman doe bring an appeale of the death of her husband it is a good plea to plead 28. E. 3. 9. 27. Ass p. 3 50. Ed. 3. 15◠that after the death of her husband she hath married another husband Appeale of death brought by the wife Or that shee was neuer accoupled in lawfull marriage to him of whose death shee doth bring the appeale 90 If an appeale of death be brought by the heire Barres in appeale of death
nothing for that they be discharged of their charge and seruices which they did hold by which was as much as they receiued of the tenant perauaile And if they held of the King by lesse rent than their tenant perauaile held of them they shall haue the surplusage of that which was holden of them of the king by the way of petition Fitz. Assise 124. Fitz. Petition 19. And if the king doe not kéepe the land so escheated vnto him in his hands but will assure it to another hée must reuiue the tenure in the Mesne Lord to hold of them of whom it was holden before the attainder It appeareth by the statute of Praerogatiua Regis cap. 12. That the Kings and whole Court of Parliaments meaning was at that time when it was published and established by Parliament which were the Prerogatiues royall annexed to the Crowne of England by the common law That of such lands as did escheat to the King the seruice of the Lord of the fée should be reserued for the words of the Statute bee these viz. St. 17. Ed. 2. 12. The King shall haue escheat of the lands of Normans to whose sée soeuer they belong Sauing the seruice appertayning to the chiefe Lordes of the same Fée And King Henrie the third gaue the Escheates of Normans landes to bee holden of the chiefe Lordes of the Fee by Seruices and Customs due and accustomed thereunto Some of which Normans dwelling in Normandie at that time had lands in England and were subiects to the King of England and did forsake their obedience to the King of England and became subiects to the K. of Fraunce the King of Englands enemie and therby did forfeit those lands which they had in England by the common law and they did escheat to the king 48 In Petit Treason Who shal haue the forf in petit treason and felony and Felony the king shal not haue the escheat of the offendors land vnlesse it be holden immediatly of him but the king shal haue the profits of the said offendors land by the space of a yeare and a day and the land shall be wasted and destroyed in the houses woods and gardeins and in all things belonging to the same and then it shall bee deliuered to the chiefe Lord of the fée of whom the same land is immediatly holden And yet in some cases the King shall haue the forfeiture of the land of him which doth commit Petit Treason or Felonie though the land be holden of others and not of him St. 17. E. 2. 14. as it appeareth by the Statute of Praerogatiua Regis which hath ordained That the king shall haue the escheates of lands of Archbishops and Bishops fréeholders when such tenants be attainted of Felony committed in time of vacation whilest their temporalties were in the Kings hands to bestow in what sort it shall please him Sauing to such Prelats the seruice that to them is due and accustomed And therefore sauing in the cases aforesaid the mesne Lords of whom the lands be immediatly holden shall haue their escheats of their fréeholders lands that haue committed Petit Treason or Felonie which land after the King hath hath had the yere day and wast thereof they must haue deliuered vnto them out of the kings hands by suing out of a writ S. Br. 39. 49 If any stranger The Lords remedy for lands escheated vnto him or other sauing the King doth intrude into that land whereof the felon attainted was seised at the time of the felony committed the immediat Lord of the fée of whom the same land is holden may enter vpon him and put him out or else he may haue his writ of Escheat against him In the which writ he must rehearse the iudgement giuen against the person attainted viz. if he were attainted by outlawrie to alledge Eo quod praedictus A. feloniam fecit pro qua vtlagatus fuit and if he were attainted by abiuration to say Pro qua regnum nostrum abiurauit and if he were attainted by confession or verdict to say Pro qua suspensus fuit and if hee doe alledge one of those iudgements Fitz. Escheat 14. Fitz. Escheat 8. Fitz. Escheat 6. in the stead of another his writ shall abate And yet he néed not rehearse the manner of the felonie in his writ nor in his count but generally that he committed felonie And though there be error in the iudgement yet the Lord shall haue a writ of Escheat and the tenant shall not falsifie the iudgement by the errour 46. E. 3. 4. 50 Island escheat to the auncestor The heirs remedie for land escheated to his auncestor because his tenant was attainted of felonie and the auncestor dyeth before he doth bring his writ of Escheat or doth enter In this case the heire may haue a writ of Escheat and suppose that the partie attainted did hold of his auncestor Fitz. Escheat 17. 51 If a lease of land be made for the terme of life reseruing to the lessor a rent and the lessor payeth his seruices to the chiefe Lord and then the lessor is attainted of felonie Where the Lord shall haue his writ of Escheat and where he may enter and after the tenant for terme of life dyeth In this case the Lord paramount may haue a writ of escheat of the land for the rent which was reserued vpon the lease doth come in stead of the land and so in the consturction of law he died seised of the land But if no rent had béen reserued the Lord might haue entred into the land as escheated vnto him 6. H. 7. 9. but could not haue recouered it by a writ of Escheat no more than if his tenant being disseised had bin attainted of felony in which case his only remedy is to enter The forme of a 〈◊〉 of Escheat 52 This is the forme of the writ of Escheat Rex vicecomiti B. salutem Praecipe A. quod iuste sine dilatione reddat B. decem acras terrae cum pertinentijs in N. quas C de eò tenuit quae ad ipsum B. reuerti debent tanquam Escaeta sua eò quod praedict ' C. feloniam fecit pro qua suspensus fuit vt dicitur Vel pro qua vtlagatus fuit vt dicitur vel pro qua regnum abiurauit vt dicitur Et nisi c. And though the indictment was executed in other maner than is rehearsed in the writ yet the writ shall not abate Register fo 165. as if he were Decapitatus non suspensus for the execution of the iudgement is not material so that he had such a iudgement for the action is true though the writ be not true The K. remedie for land escheated to him 53 In all cases of felony if the king ought to haue the escheat he must haue an office found for him before he can enter for vntill the office found the king hath but a
lands hath béen made or after the same lands be holden with force he is either himselfe to reseise the same lands and put the partie in possession againe who was so forciblie expelled or kept out of possession or else he is to make his Precept to the Shirife of the same Countie to make restitution to the same partie The forme of which warrant or precept is this viz. Georgius Throckmorton Miles Buck. A warrant to the Shirife to make restitution vnus Iusticiariorum dnÌ„i Regis ad pacem in dicto Comitatu conseruandam assignatorum VicecomÌ„ eiusdem Comitatur salutem Cum per quandam Inquisitionem patriae coram me captum apud East-Claydon in Comitatu pÌ„dicto 2. die Dec. Anno regni dnÌ„i nostri Iacobi quarto suê‘ sacrÌ„m A. B. C. D. E. F. c. ac per formam statuti in hmÌ„odi casu ê“uisi compertuÌ„ fuerit qd ' L. M. de Horwood magna in ComÌ„pÌ„dict ' husb alij malefactores pacis dicti dnÌ„i Regis perturbatores 26. die No. anÌ„ dicti dnÌ„i Regis nunc quarto in quoddam messuagiuÌ„ c. N. T. in East-Claydon pÌ„dicta vi armis ingressi fuerunt ac ipsum N. T. inde expulerunt pÌ„dictuÌ„ mesuagiuÌ„ c. a pÌ„dicto 26. die c. vsque ad dictuÌ„ secunduÌ„ diem Decemb. manu forti cum potentia tenuerunt ê“ut per InquisitioneÌ„pÌ„dictam plenius liquet de recordo Ideo ex parte dicti dnÌ„i Regis tibi mando precipio quod ad hoc debitur requisitus vna cum posse Comitatur tui si necesse fuerit accedas ad mesuagiuÌ„ caetera praemissa ac eadeÌ„ cum ê‘tinentijs reseisiri facias pÌ„fatuÌ„ N. T. ad in plenam possessioneÌ„ suam inde ê“ut ipse ante ingressuÌ„pÌ„dictuÌ„ fuerat restituas mitti facias iuxta formaÌ„ dicti statuti de Ingressibus manu forti factis aediti ê“uisi Et hoc nullatenus omittas sub ê‘iculo incumbentur Teste me pÌ„fato G. Throckmorton Datum apud Fulbrooke c. tertio die Decembris c. 7. Ed. 4. 18. 4. H. 7. 18. 15. H. 7. 5. 10 If a man be indited before the Iustices of peace in the County Restitution awarded out of the K. bench for that he did with force expell and put another out of his possession of certaine lands within the same County and after this indictment is remoued into the kings bench by a Certiorari the Iustices of the same court may award a writ of Restitution to the shirife of the same County to restore possession to the party so expelled though the words of the statute of 8. H. 6. doe giue that authority only to the Iustices of peace of the County where the forcible entry is made and if he be indited before Iustices to heare determine and after the record is remoued into the K. Bench the Iustices of the same court may award restitution for that they who haue supreme authority and do represent the K. person now haue before them the record whereby the party was indited 11 By the words of the foresaid statute of 8. H. 6. it doth appeare No restitutioÌ„ but where the force is found by inguisition that one Iustice of peace alone may remoue the force 21. H. 6. 5. and also enquire thereof so may diuers Iustices But by the aforesaid statute no restitution can be made to the party put out of possession if the said expelling or putting out of possession be not found by inquisition nor but in case where the words of the Indictment vpon the statute of 8. 14. H. 6. 16. H. 6. be adhuc extratenet 12 In the foresaid statute of 8. H. 6. there is a prouiso That they which kéepe their possessions by force in any lands and tenements whereof they or their auncestors or they whose estate they haue in such lands or tenements haue continued their possession by the space of three yeares or more be not endammaged by the force of the said statute And by one other statute made Anno 31. St. 31. El. 11. Eliz. for the explanation and declaration of the meaning and intent of the said prouiso and of the law therein it was ordained declared and enacted That no restitution vpon any indictment of Forcible entry Where no restitutioÌ„ against thrée yeares possession or holding with force shal be made to any person or persons if the person or persons so indited hath had the occupation or hath béene in quiet possession by the space of thrée whole yeares together next before the day of such indictment so found his her or their estate or estates therein not ended nor determined which the party indited shall and may alledge for stay of restitution and restitution to stay vntill that be tried if the other will deny or trauerse the same And if the same allegation be tried against the same person or persons so indited then the same person or persons so indited to pay such costs damages to the other party as shal be assessed by the Iudges or Iustices before whom the same shal be tried the same costs and dammages to be recouered and leuied as is vsuall for costs and dammages contained in iudgements vpon other actions If a man hath béene in quiet and peaceable possession of lands thrée yéeres or more by a good title 4. 5. P. M Dy. 141. and then is expelled and disseised of them and the party offending is therefore indited vpon the statute of 8. H. 6. and the disseisée who was expelled is restored to his possession by a writ of Restitution and is in possession accordingly in this case he cannot iustifie the detainer of the possession of those lands by force of the foresaid prouiso contained in the statute of 8. H. 6. because his possession was interrupted discontinued for that possession must be thrée whole yéeres together without interruption before the said party may by the said prouiso kéepe his possession by force And likewise if he that is a iust and lawfull possessor of lands by the space of twenty yéeres together 3. 4. P. M. Dy. 141. be once clearely wholly remoued from the possession of the same land he cannot come againe with force and a multitude of people to put himselfe in possession therof and detaine the same with force by vertue of the prouiso in the said statute of 8. H. 6. because his possession was interrupted Neither in this case if he be indited of a Forcible entry according to the statute of 8. H. 6. shall he be relieued touching his restitution by the foresaid statute of 31. El. for that he had not the occupation nor had béene in quiet possession by the space of thrée whole yeares together of the same lands next before the day of such indictmeÌ„t found But if a man be seised of a lawfull possession by the space of thrée yéeres of any
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 déeds 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 hée 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 séeing 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 déede concerning the same land Forging of a déed touching ioyntenants land if one of those Ioyntenants or tenants in common doe bring an Action of forger of false déedes 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 séeing 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
The penaltie for committing of wilfull periurie vnlawfull procurement sinister perswasion or meanes of any others or by their owne Act Consent or Agreement shall wilfully and corruptly commit any manner of wilfull periurie by his or their deposition in any of the Courts before mentioned or béeing examined ad perpetuam rei memoriam Then euerie person or persons offending shall for his or their said offence loose and forfeit twentie pounds to the King and the partie grieued hindered or molested by reason of any of the offences before mentioned that will sue for the same by A. B. P. or I. in any of the Kings courts of Record wherein no W. E. P. or I. shall be allowed and shall haue sixe months imprisonment without Baile or Maineprise And the oath of such person or persons so offending from thenceforth shall not bee receiued in any court of Record within England or Wales or the Marches of the same vntill such time as the iudgement giuen against the said person or persons shall be reuersed by Attaint or otherwise And vpon euery such reuersall the parties grieued to recouer his or their dammages against such person and persons as did procure the said iudgement so reuersed to be giuen against thē by action to be sued vpon his case And if the said offendor haue not any goods or cattels to the value of xx l. then he shall be set on the Pillorie in some market place within the shire citie or borough where the said offence shall be committed by the Sherife or his ministers if it be without any citie or towne corporat and if it be within any citie or towne corporat then by the head officer or officers of the same citie or c. or by his or their ministers there shall haue both his eares nailed and from thenceforth be discredited disabled for euer to be sworne in any of the courts of Record aforesaid vntill the iudgement shall be reuersed and thereupon shall recouer his dammages in manner and forme before mentioned In what courts Periurie shall be punished 23 As well the Iudge and Iudges of euery such of the said courts where any such suit is or shall be Sta. 5. El. 9. and whereupon any such periurie is or shal happen to be committed as also the Iustices of Assise and gaole deliuery in their seuerall circuits and the Iustices of the peace in euery countie within this realm or in Wales at their Quarter Sessions both within liberties and without shall haue authoritie by vertue hereof to enquire of all and euery the defaults and offences committed contrarie to this act by inquisition presentment bill or information before them exhibited or otherwise lawfully to heare and determine the same and thereupon to giue iudgement award processe and execution of the same according to the course of the lawes of this Realme Proclamatiō of this Statute 24 The Iustices of Assise of euery circuit within this Realme shal in euery countie within their circuits two times in the yeare St. 5. El. 9. viz. in the time of their sittings make open Proclamation of this Statute or of the effect thereof to the intent that no person shal be ignorant of the penalties herein contained Periurie punished in the spirituall court 25 Prouided that this Act or any thing therein contained St. 5. El. 9. shall not extend to any spirituall or Ecclesiasticall court within this Realme of England or Wales or the Marches of the same but all and euery such offendor and offendors as shall offend in forme aforesaid shall and may be punished by such vsuall and ordinarie lawes as heretofore hath bin and yet be vsed in the said Ecclesiasticall court any thing in this Act c. notwithstanding Periury punishable in the Starchāber 26 Prouided that this Act shall not extend to restraine the power or authoritie giuen by Act of Parliament made An̄ 11. H. 7. Sta. 5. El. 9. St. 11. H. 7. 25. to the Lord Chauncelor and others of the Kings Councel to examine and punish riots routs hainous Periuries and other offences which haue vsed to heare and determine such matters in the Starre-chamber at Westminster nor to restraine the power of the Lord President and Councell in the Marches of Wales or in the North nor of any other Iudge hauing absolute authoritie to punish Periurie before the making of this Statute But But they and euery of them shall procéede in the punishment of all offences heretofore punishable in such wise as they might haue done and vsed to do before the making of this Act to all purposes so that they set not vpon the offendors lesse punishment then is contained in this Act. 27 Because by the said statute of 5. Eliz. 9. there is no Ordinance made for the punishment of those Bankrupts who being sworne and examined vpon Interrogatories by Commissioners thereunto authorized shall commit Periurie Nor for the punishment of those witnesses who either by the procurement of others or by their owne consent shall commit Periurie being examined by the said Commissioners touching Bankrupts goods or debts Therefore by a statute made Anno 1. St. 1. Iac. 15. Iac. it was ordained That it shall be lawfull for the Commissioners authorized vnder the great Seale of England or the greatest part of them to take order with Bankrupts bodies lands tenemēts and hereditaments money goods cattels wares and debts to examine the said offendor or offendors vpon such interrogatories touching the lands tenements goods cattels and debts bils bonds bookes of accompt and such other things as may tend to disclose his her or their estate or the secret graunts cōueyances and eloigning of his her or their landes tenements goods money and debts as they shall thinke méet And if therein the offendor or offendors shall refuse to be examined or to answer fully to euery interrogatorie to him to be ministred by the said Commissioners or the greater part of them it shall be lawfull for the said Commissioners or the greater part of them to commit the said offendor or offendors to some strait or close imprisonment there to remaine vntill he she or they shall better conforme him or her selfe And if vpon his her or their examination it shal appeare that he she or they haue committed any wilfull or corrupt Periurie tending to the hurt or dammage of the creditors of the said Bankrupt Periury punished in Bankrupts to the value of tenne pounds of lawfull money of England or aboue the party so offending shall or may thereof be indited in any of the Kings Courts of Record and being lawfully conuicted therof shall stand vpon the Pillory in some publike place by the space of ij houres and haue one of his eares nailed to the Pillory and cut off And by the same statute of Anno 1. Iac. it is further established That if any person or persons other then the Bankrupt either by subornation vnlawfull procuremēt sinister persuasion
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 agrée 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 maintenāce chāpertie buying of titles or other embracery to pursue vpō 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 thē not be restrained by any of the ordinances or articles before rehearsed for that the said offēces were by the makers of the said stat adiudged to be greater impedimēts 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 takē 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. holdē 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 maintenāce 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 offēce 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 iudgemēt shall ensue thereupon As euerie champertie is an vnlawful maintenāce 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 chāpertie 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 betwéene 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 giuē 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 thēselues 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
to haue execution of a fine if the shirife returne the tenant of the land summoned by two summoners whereas he was not summoned by which returne the demaundant shall recouer and haue execution of the land if the tenant do not appeare and the tenant shall loose the land in this case the tenant may haue a writ of Deceit against the shirife and the demaundant that did recouer and him that is then tenant of the land and shal be restored to his former possession And the like law is 17. Ed. 3. 12. if a man sue a Scire facias vpon a Recognizance against another for a debt before recouered Deceit to auoid a recouery of debt if the shirife returne the defendant summoned whereas he was not summoned by reason wherof the defendant hath execution awarded against him of the debt then the defendant may haue a writ of Deceit against him that had the execution and the shirife and the shirife shall be punished for his false returne and the party who did recouer shall make restitution of that which he recouered and if the defendant die his executors may haue a writ of Deceit Where executors shall haue a writ of Deceit and be restored if the deceit be proued and that the Testator was not garnished whereupon the garnishers shal be examined And so it is if a man recouer in a writ of Annuity Annuity and after doth sue a Scire facias and recouereth by default of garnishment Fitz. Deceit 42. the defendant may haue a writ of Deceit For by the statute of Anno 2. Ed. 3. St. 2. E. 3. 17. 17. a writ of Deceit holdeth place and is maintenable as well in case of garnishment which toucheth plea of land where such garnishment is giuen as in case of Summons in a plea of land for in all the cases aforesaid a Deceit was wrought by the shirife to the Court and the party grieued by his false returne and the Law hath ordained That euery of those deceits shal be reformed by the writ of Deceit And a recouerie and iudgement had made and giuen to the intent to defraud and frustrate the true meaning of a statute shal be void as amongst others it appeareth by the statute of Anno 43. A iudgement to defraud the meaning of a statute Eliz. whereby it was ordained St. 43. Eli. 9. That all iudgements which shal be had for the intent to haue enioy any lease of a benefite with cure or any bonds contracts promises couenants made for any person to enioy the same contrary to the statute of An. 13. El. 20. An. 14. El. 11. or any of them shal be void in such sort as bands couenāts are appointed to be void which are made void for that purpose for that the suits whereupon the same iudgements be giued were commenced prosecuted vpon collusion fraud to defeat and make frustrate the true intent and meaning of the said statutes or of one of them Deceit vhon recouery in a Quare impedit 8 If any person do recouer against another in a Quare impedit by default of the defendant whereas he was not summoned 27. H. 6. 5. Fitz. Deceit 57. 19. Eliz. Dyer 353. then the same defendant may haue a writ of Deceit and the Summoners and the pledges vpon the attachment and the mainpernors vpon the distresse shall be examined and if the deceit be found the first iudgement shal be reuersed and there shal be a writ awarded to the Bishop to remoue the Clerke that was in the Church And so it is Deceit vpon a recouery in wast if any person do bring an action of Wast against another 29. Ed. 3. 42. 48. Ed. 3. 20. Fitz. Deceit 30. the plaintife doe recouer against the defendant by default whereupon a writ is awarded to the shirife to inquire of the wast whereas the defendant was not summoned the defendant may haue a writ of Deceit against him that recouered in the same action of Wast and he shall suppose that hee was not summoned attached nor distrained and proces shal be awarded against the summoners the pledges and the mainpernors who shal be seuerally examined and if they all did not their duty according to the Law the plaintife in the writ of Deceit shal recouer and be restored to that which before he lost in the action of Wast Deceit vpon a recouery by a Praecipe in capite 9 And the like law is 17. Ed. 3. 31. 36. if any person doe recouer land against another by a Praecipe in capite where the same land is not holden of the King in chiefe but of a meane lord by other seruices and where the demaundant had no licence of the chiefe lord to sue at the common place then the chiefe lord may haue a writ of Deceit against him that recouered the same land wherein he shall recouer his dammages the demandant shal be imprisoned for the deceit and also the lord shal retaine his seigniory in the same land But the recouery shal remain in force and he that did recouer shall also hold of the K. in chiefe by the way of estoppell And this writ of Deceit is maintenable in this case by force of the stat of Magna Charta 9. H. 3. 24. whereby it is ordained That the writ which is called Praecipe in capite shal be granted to no man wherby any fréeman may loose his Court. 10 Couin is accounted so professed an enemy to iustice Where a good title shal be impaired by a couenous recouery therefore is so hated by the law that she adiudgeth that bad and vnlawful which is mixed with couin though before of it selfe it were good lawful as if the issue in taile who hath good cause to bring a Formedon in discender vpon a discontinuance made of certaine lands by one of his auncestors 44. Ass p. 28 41. Ass p. 28 be of couin that a stranger shall disseise the tenant of the land against which stranger he doth bring his action doth recouer this land and hath execution in this case he shall not be remitted to his former estate though his title be good but shall be adiudged in possession by disseisin 44. Ed. 3. 46. 15. E. 4. 4. 7. H. 7. 11 Co. lib. 5. 31 in respect of the couin And so it is if a woman that hath good cause to be indowed of her late husbands lands will be of couin that a stranger shall disseise the tenant of the land wherof she is indowable against which stranger she will bring a writ of Dower and recouer hath execution she shal be adiudged in possession against the disseisée but as a disseisor in respect of her couin though she had good title to be indowed And so couin mingling together vertue vice persuadeth the law to reiect condemne a lawfull title which is vnlawfully atchieued 11
suffer to bée drowned continually a Meddow or other ground demised for it is not lawfull for a particular Tenant to conuert ground to any other vse then hee receiued it as to turne Meddow into arable arable into Wood 29. H. 8. Dyer 37. Wood into Pasture or Meddow arable or Wood into Pooles or Ponds for thereby he doth wrong to the inheritance for his owne profit And likewise it is wast if the Tenant doe suffer the Bankes of the Sea or of a Riuer to be vsually ouerflowne and to decay whereby a Meddow a Pasture 20. H. 6. 1. or other ground which he holdeth for life or yeares that before was fruitfull shall become rushie sedgie or otherwise barren But if he suffer ground set with Saffron to decay or Land Meddow 10. H. 7. 2 Fit N.B. 59 2. H. 6. 10. or Pasture to grow full of Bushes or Thornes or to lye fresh and not manured it is no Wast but euill husbandrie If the owner of a Poole or Pond stored with fish doe assure the same for yeares life or c. and the tenant letteth foorth the water or otherwise fisheth the same and taketh foorth the fish or part thereof and yet leaueth it as sufficiently stored at the end of his terme 7. H. 3. Wast 141. 5. R. 2. Wast 97. Ed. 1. Wast 128. as at the beginning thereof he found it this is no Wast But if hée doe let foorth the water of the said poole or c. and suffer the same to lye continually dry or doe destroy by other meanes the fish therein and doe not repaire it and leaue it as well and sufficiently stored with fish as he receiued it by the view and iudgement of the countrey then it is wast and hée may bée punished therefore by an action of Wast And the same Law is if one doe assure to another for terme of yeares or life a Parke stored with Déere and the tenant destroyeth all the Déere and doth not store the same againe with as many before the end of his terme this is Wast If the tenant for terme of life yeares or c. of a seuerall Pasture or Close inclosed with a Wall Pale or Quick-set hedge 12. H. 8. 1. doe suffer the same to decay it is wast for by the decay of the Wall Pale or Quick-set hedge he hath made it no pasture but layed it in common As concerning wast in houses it is wast Wast in houses and an oppression of him or them in reuersion or remainder if the tenant for terme of yeares life or c. doe willingly pull downe 34. E 3. Wast 145. 3. H. 6. 53. 4. Ed. 3. Wast 22. 21. H. 6. 46. 38. E. 3. 7. 40. E. 3. Wast 90. or negligently suffer to decay a dwelling house or any Hall Parlour Chamber Buttery Kitchin Brew-house Bake-house Day-house Doue-house Barne Stable Oxe-house Kill-house Myll Cottage or any other House Cullice Leantor Edifice or Building being of the value of thrée shillings foure pence which being couered and in good repaire was standing and béeing vpon the ground when the same tenant did or lawfully might haue entred vpon the lands demised in respect of his Lease 17. E. 3. 7. 42. Ed. 3. 22. 17. Ed. 2. Wast 118. or other estate to him assured thereof And also it is wast if any of the particular tenants aforesaid doe during his estate build any new House Floore or Partition vpon any land demised or conueyed vnto him and after hée or his assignées doe pull downe the same againe or suffer the same to fall into ruine and decay for that the House Floore or Partition being builded was once parcell of the inheritance of the Lessor and therefore béeing againe pulled downe or decayed it is to his disheritance But if the Lessor doe build a house vpon the ground so demised or assured 49. Ed. 3. 1. during the estate of the particular Tenant therein and the Tenant doe pull it downe or suffer it to decay it is no Wast for it was not parcell of the thing demised neyther was there any couenant in Law that it should bée repaired And it is Wast if any of the Houses Edifices or Buildings aforesaid bée willingly or negligently burned 19. Ed. 3. Wast 30. 20. Ed. 3. Wast 32. pulled or throwne downe by the Tenant thereof or by any of his Family or Neighbours or by any other person whatsoeuer so that it bée not by the kings enemies Thunder Lightening extreame Wind or Tempest in which cases it is no Wast punishable by the Law 44. E. 3. 34. 43. Ed. 3. 6. 28. H. 8. Dyer 33. 33. H. 6. 1 séeing they were burned or throwne downe by the power and hand of God But it is otherwise if it bée burned or ouerthrowne by Rebels or others against whom the Tenant may haue his remedie and recompence by the Law For in that case it is punishable by action of Wast if it bée not repayred againe within conuenient time If a Tenant for life 44. E. 3. 44. 10. H. 7. 5. 29. H. 8. Dyer 36. 21. H. 6. 2 Fit N.B. 59. 40. Ass p. 22 yeares or c. doe suffer a Pale or a wall of Stone Bricke Timber or Mudde which is couered with Slate Tyle Timber or Thatch to decay or lye vncouered it is Wast But if any House Pale or Wall were ruinous or vncouered at the time when the estate of the sayd Tenant begun and after did decay and fall downe then the tenant is not chargeable therefore in an Action of Wast for hée is bound to kéepe them in none other repaire then he found them If the tenant for yeares or life or c. doe take away a partition or a loft in a house 10. H. 7. 5. 42. E. 3 6. whereby hée doth make two chambers or other two roomes or more but one it is wast for the tenant must maintaine the house and leaue it in such sort as it was demised vnto him and not transpose or alter any part thereof otherwise then hée receiued it And in like sort it is Wast if the said tenant doe take away a Furnace a Bench a Table fixed in the ground a Doore 21. H. 6. 26. or a Window from a house which were there at the time when his estate began for they bée made parcell of the inheritance of the house and were demised with it and cannot bée seuered from it but by him who hath the inheritance thereof And yet if the same were set there by the termor then hée may take them away againe at any time during his terme 20. H. 7. 13. but not after his terme expired And it is Wast if the Tenant doe take away the glasse of the windowes of a house Co. li. 4. 63. for whether the lessor or the lessée did set vp the same glasse and whether it bée set vp with nayles lyme or otherwise the â—ermor ought not to take it away
the Kings Bench for that he did beate a woman great with childe with two children AnÌ„ 3. Ass pl. 2. M. 1. E. 3. 24 so that one of the children died presently and the other was borne baptised and had a name of Baptisme giuen and within two daies after that childe also died by the hurt it receiued by the foresaid beating this was adiudged no felonie for the reasons aforesaide But if a woman being deliuered of a childe doth presently kill it before it be baptized Fit cor 418 M. 2. El. Di. 186. this is felony in her though the childe had no name of Baptisme because the childe was in rerum natura before it was killed and it is knowen by whom and what meanes that childe came to his death 40 If a man doe beate or otherwise hurt another whereby hée dieth In homicide the pâ—rty must die within a yeare and a day it is requisite to make it Homicide Fit cor 303 that the partie doe die within a yeere and a day next after the batterie or hurt done Or else the Lawe will not adiudge it homicide or that the partie stricken did die of that beating or hurt And the same Lawe is if poison be giuen by one man to an other whereby hée dieth the Lawe will not construe it to be murder vnlesse the partie doe die within a yeere and a day next after the poison receiued 41 As a man may commit felonie in killing of an other Homicide by felo de se so he may commit felonie in killing of himselfe and then the Law doth aptly call him felo de se for though Homicide is most fitly and commonly termed where one man doth kill an other yet the same phrase may in good congruitie of speach be well applied to one that killeth himselfe for there is an Agent and a Patient a killer and one slaine and both in one and the selfe same person And though there may be many causes why a man may kill himselfe as there be many and seuerall humours opinions distractions and fantasies in men yet most coÌ„monly he becommeth felo de se Bracton de coro ca. 31. feloniously killeth himselfe who being guilty of any grieuous crime is apprehended for the same or vehemently suspected or accused thereof or being wearie of his life for extreamitie of paine or pouertie as being not able to kill his enemie or to be reuenged of him according to his desire doth therefore kill himselfe c. which felon of himselfe shall forfeit to the King his goodes chattells reall and personall Plow com 260. 261. Fitz. Cor. 362. 301. 426. and debts but not his lands for the Lawe doth so greatly fauour inheritance that it shall not escheate without attainder indéede Neither shall his wife forfeit her dower nor his blood shall be corrupt And the reason why the King shall haue the goodes chattels and debts of felo de se forfeited vnto him The cause of the forfeiture of felo de se is for that the King hath lost a subiect and the same subiect hath broken the Kings peace in killing of himselfe and giuen an euill example to his people and hath fled from and escaped the triall of the Lawe and he himselfe was the cause why he could not be tried by the Lawe Co. l. 5. 110. But the goodes of felo de se be not forfeited vntill his death be presented and found of Record And therefore those goods cannot be claimed by prescription And if felo de se be cast into the Sea or a great Riuer or so secretly buried that the Coroner cannot haue the sight of his body and by thgt meanes can not enquire thereof Then all such Iustices of Peace and Oier and Determiner which haue authoritie to enquire of felonies shall enquire thereof An Enfant or Lunatike killeth himselfe 42 If an Enfant furious or frantike man doe drowne Bracton de coron ca 31 21. H. 7. 31 Fitz. cor 244. Co. li. 1. 99. Plow com 260. or otherwise kill himselfe hée shall not forfeit his goodes c. because he wanteth reason and iudgement And if a man that is lunatike doe strike himselfe with his knife or other weapon and after doth recouer and notwithstanding dieth of the same stroke that himselfe did giue within one yéere and a day after the stroke giuen yet he shall not be adiudged felo de se nor forfeit his goods or any thing therefore for the Lawe doth respect what he was at the beginning when hee gaue himselfe the stroke which was the cause of his death and not what he was when he died For if a man that is frantike from day to day doe kill himselfe he shall not forfeit his goods But the Lawe is otherwise if a man doe kill himselfe who is frantike but at certaine times Fitz. coron 324. viz. per lucida interualla Killing of him selfe in the stead of an other 43 If a man doe strike an other to the ground and then draweth his knife to kill him and the defendant lying vpon the ground draweth his knife to defend himselfe H. 44. Ed. 3 44. and the assailant is so hastie to kill the defendant that hee falleth vpon the defendants knife and so is slaine In this case the assailant is felo de se for he had an intention to kill though not himselfe yet the defendant And so as the death intended by him was by his hast transferred from the defendant to himselfe so is the name of a murderer transfered to felo de se 44 If a lease of lands be made to the husband Plow com 258. and the wife for the terme of certaine yeares and the husband goeth into the water and drowneth himselfe in this case Forfeiture of lease made to felo de se and his wife after the death of the husband shal be found by the Coroner vpon the sight of the dead body and the title of this land shal be likewise found by an inquisition taken before commissioners authorised thereunto the foresaid lease and whole terme of yeeres shal be forfeited to the King and the wife shall haue no part thereof for this forfeiture shall haue relation to the husbands going into the water whereupon the drowning did ensue at the which goeing into the water hée had the whole interest of the lease in him so to dispose that hée might haue aliened the whole interest thereof from his wife and this going into the water wherupon this drowning and death did ensue was a forfeiture or alienation in law of the terme and was as much in construction of the law as if hée had then aliened the whole terme to the King And the finding of the death of this man before the Coroner vpon the sight of the bodie and the finding of the title of this lease before Commissioners bée equiuolent to a iudgement that might haue béene giuen against him in his
the rauishment of women Rauishment of a woman therefore by the stat of West 2. St. 13. E. 1. 33 it was enacted That if any man from henceforth rauish any woman maried maid or other woman where she doth not consent neither before nor after he shall haue iudgement of life of member and likewise where a man rauisheth a woman married lady damsell or other with force although she consent afterward he shal haue such iudgement as before is said if he be attainted at the K. suit for the K. shall haue the suit Abusing a woman vnder x. yeres of age 3 By a stat made An. 18. El. it was ordained St. 18. El. 6 That if any person shall vnlawfully carnally know abuse any woman child vnder the age of x. yeares euery such vnlawfull carnall knowledge shal be felony the offendor thereof being duly conuicted shall suffer as a felon without allowance of clergy The forf for consenting to a rape 4 By a statute made An. 6. R. 2. 6. it was ordained St. 6. R. 2. 6. That wheresoeuer and whensoeuer ladies daughters and other women be rauished and after such rape do consent to such rauishers that as wel the rauishers as they that be rauished euery of them be froÌ„ henceforth disabled by the same déed vnabled to haue or challenge heritage dower or ioint feoffemeÌ„t after the death of their husbands and auncestors and that incontinently in this case the next of the blood of those rauishers or of them that be rauished to whom such heritage dower or ioint feoffemeÌ„t ought to reuert remaine or fall after the death of the rauisher or of her that is so rauished shall haue title incontinently that is to say after the rape to enter vpon the rauisher or her that is rauished and their assignes and land tenants in the same heritage dower or ioynt feoffement and the same to hold in a state of heritage and that the husbands of such women if they haue husbands or if they haue no husbands in life that then the fathers or other next of their bloud haue from henceforth the suit to pursue and may sue against the same offendors and rauishors in this behalfe And to haue them thereof conuict of life and of member although the same women after such rape do consent to the said rauishers And further it is accorded that the def in this case shall not be receiued to wage battell but that the truth of the matter be thereof tried by inquisition of the countrey sauing alwayes to our soueraign lord the K. and to other lords of the said realme al their escheats of the said rauishers if peraduenture they be thereof conuict A woman rauished conâ—eiued with child By the opinion of Britton Britton if a woman at the time of the supposed rape doe conceiue with child by the rauisher this is no rape because a woman cannot conceiue with child if she doe not consent It is a good plea in an appeale of Rape to say that before the rauishment supposed Bracton he kept and vsed the plaintife as a Concubine Or to plead A Concubine that though he lay with her yet he did not carnally know her for that is the force of the declaration in an appeale of Rape T. 9. E. 4. 26 If a man shal be charged with a Rape by the way of indictmeÌ„t or otherwise he ought to be charged expressely by this word Rapuit and not by any other words This word Rapuit necessary in an indictment notwithstanding they doe amount to as much as this word Rapuit doth as carnaliter cognouit or such like S. Appeales 81. 85. St. 3. H. 7. 2 5 By a statute made Anno 3. H. 7. it is ordained Taking a woman against her will That if any person or persons shall take any maid widdow or wife which hath any lands or goods or is heire apparant to her auncestor against her will vnlawfully such taking procuring and abbetting to the same and also receiuing wittingly the same woman so taken against her will and knowing the same shal be felony and such misdoers takers and procurers to the same and receiuers knowing the offence in forme aforesaid shal be reputed and iudged as principal felons But this act doth not extend to any person taking any woman onely clayming her as his ward or bondwoman St. 39. El. 9. And by a statute made An. 39. El. it was enacted That all and euery such person persons as shall be conuicted or attainted for any offence made felony by the said act of 3. H. 7. or which shal be indicted or arraigned of or for any such offence and stand mute or make no direct answer or challenge peremptorily aboue the number of twenty shal in euery such case loose his and their benefit of clergy No Clergy allowed and shall suffer paines of death without clergy any former law c. notwithstanding Prouided alwaies That this act shall not extend to take away the benefit of Clergy but onely from such person and persons as hereafter shal be principals or procurers or accessaries before such offence committed St. 8. El. 3. 6 By a statute made AnnÌ„ 8. El. it was enacted Transporting of shéepe That no person or persons shall bring deliuer send receiue or take or procure to bee brought deliuered sent or receiued into any shippe or bottome any Rammes Shéepe or Lambes or any other kind of Sheepe being aliue to be conueyed out of any of the Quéenes dominions vpon paine that euery such person his aidors abbettors procurors and comforters shall for his first offence forfeit all his goods for euer to the Quéene and Informer that will sue for them in any Court of Record wherein no W. E. P. c. And further euery such offendor shall suffer imprisonment one whole yeare without baile or mainprise and at the yeares end shall in some market Towne in the fulnesse of the Market on the Market day haue his left hand cut off and that to be nailed vpon the openest place of such Market The second offence felony And euery person eftsoones offending against this statute shal be iudged a felon and shal suffer death as in cases of felony But this act shall not extend to any corruption of blood or be preiudiciall to any women claiming dower by or from any such offendor And the Iustices of Oyer Determiner Iust of Gaole deliuery and I. of P. in euery Countie and Shire within this Realme of England and Wales and other the Qu. Dominions shall haue full power and authoritie by vertue of this Act to enquire of euery offendor and offendors contrary to the forme and effect of this act and to heare and determine euery offence and offences committed done contrary to the forme and effect of the same according to the course of the laws of this Realme 7 For as much as
said master or mistresse go away with the said caskets iewels mony or cattels or any part thereof to the intent to steale the same defraud his or their said master or mistresse thereof contrary to the trust confidence in him or thē put by his or their master or mistresse or els being in the seruice of his said master or mistresse without assent or commaundement of his master or mistresse hee imbesill the same caskets iewels money goods or cattels or any part thereof or otherwise conuert the same to his owne vse with like purpose to steale it if the said caskets iewels money goods or cattels that any such seruant shall go away with or which he shall imbesill with purpose to steale it as is aforesaid be of the value of forty shillings or aboue then the same false fraudulent and vntrue act shal be from henceforth déemed and adiudged felony and he or they so offending shal be punished as other felons be punished for felonies cōmitted by the course of the common law Prouided alwaies that this act or any thing therein contained shall not in any wise extend or be preiudiciall to any apprētice or apprētices nor to any person being within the age of xviij yéeres going away with his or their masters goods or iewels or otherwise conuerting the same to his or their owne vses during the time of their apprentiship or being within the said age of xviij yeares but that euery apprentice or apprentices such person or persons being within the said age doing or offending contrarie to this act shal be and stand in like case as they and euery of them were before the making of this act If a man do deliuer an obligation to his seruant to receiue xx M. 25. H. 8. Dyer 5. l. and the seruant doth receiue the money of the obligor Receiuing money vpon an obligation and thē goeth away with the same or doth conuert it to his owne vse this is not felony within the compasse of the foresaid stat of 21. H. 8. for the master did not deliuer any goods to his seruant in this case but an obligation which is not valuable but a thing in action and moreouer the money was not deliuered to the seruant by the hands of his master but by the obligor But if one of a mans seruants doth deliuer to another of his seruants goods of the masters being aboue the value of 40. s̄ and he doth go away with it or conuert it to his owne vse this is felony If a man do deliuer to his apprentice wares or marchandises M. 25. H. 8. Dyer 5. to sell at a faire Receiuing money for wares or a market and he selleth them and receiueth the mony and then goeth away with the mony or conuerteth it to his own vse this is not felony by the stat of 21. H. 8. for he had not the mony by the deliuery of his master neyther went he away with the thing that was deliuered vnto him Seruants imbesilling their masters goods after his death 13 By the stat of An̄ 31. H. 6. it was ordained St. 31. H. 6. 1 That executors shall haue a writ out of the Chancery by the aduice of the Chauncelor two chiefe Iustices and the chiefe Baron of the Exchequer with two proclamations returnable in the K. Bench against such houshold seruants of the Testator as haue spoiled or eloigned the goods of their master after the death of the Testator And if the writ be returned serued the defendants make default they shall be attainted of felony and if they appeare they shal be cōmitted to prison there to remaine at the discretion of the Iustices vntill the defendants do answer vnto the said executors in such actions which the said executors will declare against them or any of them by bill or writ for the riot taking and spoiling aforesaid and that the same actions be determined so that such actions be pursued with effect and not slackly to retaine the same persons in prison And if the same persons be enlarged out of prison by the said Iustices then they shal find sufficient sureties to the executors by recognizance to kéepe such daies as they shal haue assigned by the Court. And if the kéeper of the prison whereunto they shal be committed doe let them go at large without order of the Iustices then the said kéeper shall forfeit xl l. to the executors No protection shall lye in any action vpon this statute 14 By the stat of An̄ 14. E. 3. it was accorded Enforcing a prisoner to become an approuer That shirifes shall haue the kéeping of gaoles St. 14. E. 3. 10 as they had wont to haue and put in such kéepers for whom they will answer And if any kéeper of prison or vnder kéeper shall by too great dures of imprisonment and paine cause any prisoner which he hath in his custody to become an approuer against his will and is thereof attainted he shall be adiudged a felon 15 By the stat of an̄ 5. El. it was enacted Egyptians that euery person persons which shal be séene or found within this realme of England or Wales St. 5. El. 20. in any cōpany of vagabonds commonly called or calling themselues Egyptians or counterfeiting transforming or disguising thēselues by their apparell speech or other behauiour like vnto such vagabonds commonly called or calling themselues Egyptians so shall or doe remaine continue in the same by the space of one moneth then the same person or persons shall be déemed iudged a felon and felons and shall suffer paines of death losse of lands goods as in cases of felony by the order of the common lawes of this realme Triall and shall vpon triall of them or any of them be tried in the countrey and by the inhabitants of the county or place where he or they shall be apprehended or taken and not per medietatem linguae No Clergy and shall loose the priuiledge and benefit of Sanctuary and Clergy Prouided Xiiij. yeares That this act shall not in any wise extend to any child or children being within the age of 14. yeares St. 8. H. 6. 12. 16 By the stat made An. 8. H. 6. it was ordained That if any Record Imbesilling of Records or parcell of the same Writ Returne Pannell Proces Warrant of Atturney in the Courts of Chauncery Exchequer the one Bench or the other or the Treasury be willingly stolne taken away withdrawne or auoided by any Clerke or other person by cause wherof any iudgement be reuersed such stealer taker away withdrawer or auoider their procurors counsellors abbettors being thereof indicted and by proces thereupon made therof duly conuict by their owne confession or by enquest to be taken of lawfull men wherof the one halfe shal be of the men of any court of the same courts and the other halfe of other shal be iudged for
partie most interessed or grieued by the same murder or felonie is to prosecute sute against the saide offendor by Appeale and thereby to séeke reuenge against him for the wrong done to himselfe or his auncestor or else the offendor is to be indited at the Kings sute whose peace hée hath broken and whose lawe he hath offended and who hath a speciall interest in all manner of treasons and felonies to punish them to wéede them out of his kingdomes and dominions and to defend his subiects from them And therefore I am to expresse in this Chapter and the next what an Appeale of felonie is and what an Indictment is by whom for whom and against whom and in what cases they are to be begunne prosecuted and maintained what defences or pleas are to be made or pleaded by the supposed offendors vnto them and what counterpleas may be obiected against the same plees Appeale of death An Appeale is a plaint of one person made against another with an intent to attaint him of felonie by a course of Lawe prouided therefore which appeale may be brought against a woman couert without her husband against an infant and all others that can commit felonie and a woman may haue an appeale for the death of her husband Appeale by a woman of the death of her husband because the husband and wife be one flesh but of the death of none other by force of the Statute of Magna Charta which hath ordained That none shall be taken St. 9. H. 3.34 or imprisoned by the appeale of any woman for the death of any other than of her husband And therefore if a woman doe bring an appeale of the death of her father and the Defendant would admit it yet the Court will abate it 10. Ed. 4.7 Plow Com. fol. 85. because it is contrary to the said Statute Appellāt conueieth his title by a woman 2 As a woman shall haue no Appeale of the death of any other but of her husband No more shall any cosin of him that was slaine who maketh his conueiance in kinred by a woman haue any appeale of the death of him that is killed notwithstanding he be issue male and not female Appellant conueyeth his title by a woman and notwithstanding that the woman by whom he maketh his conueiance died in the life time of him 20. H. 6.46 Fi. Cor. 385 17. Ed. 4.1 of whose death the appeale is commenced As if a man haue issue one onely daughter who marrieth a husband hath issue a sonne and dieth and after the father of that woman is slaine In this case the sonne of the woman shall not haue an appeale of the death of his saide grandfather though hee be his next heire at the common lawe and inheritable to his land because his mother was foreclosed of it by the foresaid statute of Magna Charta and so likewise he which hath none other title thereunto but that which he deriueth from his saide mother Fi. Cor. 384 17. Ed. 4.1 But if he that was slaine haue none heire on the fathers side then the vncle or next of kinne on the mothers side shall haue the appeale yea though he doe conuey his title thereunto by a woman 3 By the auntient lawe of this Realme a woman could not haue an appeale of the death of her husband vnlesse her said husband were slaine betwéene her armes within the yéere and day before Neither could shée or any other haue an appeale vnlesse she or he were present at the death of the partie slaine and sée it But that Lawe was altered by the Statute of Gloucester St. 6. Ed. 1.9 whereby it was ordained That no Appeale shall be abated so soone as they haue béene heeretofore But if the appellant in an appeale doe declare the déede the yeare the day the houre The declaration in appeale of murder the time of the King and the Towne where the déede was done and with what weapon hée was slaine the appeale shall stand in effect And the appeale shall not be abated for default of fresh sute where a man doth sue within the yeare and the day after the déede done 50. Ed. 3.15 28. Ed. 3.91 27. Ass p. 3. 4 If a woman will haue an appeale of the death of her husband The woman must be the deads lawfull wife it is requisite that shée be not onely his wife indéede viz. de facto but also lawfully and in right viz. de iure for neuer accoupled in lawfull marriage is a good plea to barre her of her appeale And it shall be tried by the Bishop whether she be his lawfull wife or not 20. H. 6.46 12. El. Dyer 296. 5 It is requisite that a woman who will maintaine an appeale of the death of her husband shall liue sole and vnmarried The woman must liue vnmarried for by her second marriage her appeale is extinct though her second husband doe die within a yeare and day after the death of her first husband And if a woman doe bring an appeale of the death of her husband and hanging the Writ shée doth marry another husband her appeale shall abate for euer 11. H. 4.46 6 If a woman doe bring an appeale of the death of her husband A woman marrieth betweene iudgemēt executiō and doe pursue the Defendant vntill Iudgement And then after iudgement and before execution shée marrieth an other husband In this case shée shall not obtaine execution viz. the Defendant shall not be hanged at her sute for shée hath willingly lost the name of her first husband before shée hath obtained the effect of her sute and the reuenge which shée brought her appeale for Where appeale lieth but no dower 7 There be some Cases where a woman shall haue an appeale of the death of her husband though she be not endowable of the possession of the same husband As where her husband is attainted of treason 27. As p. 41 35. H. 6.58 and after one doth kill him his wife shall haue an appeale and yet she shall haue no dower And in like sort if a woman doe elope from her husband and after one doth kill him she may maintaine an appeale against the offendour but no writ of dower against his heire And many other Cases there be where a man was so seised of his lands that his wife is not thereof endowable by the Lawe And yet if hee be slaine she may maintaine an appeale against the manqueller Where the wife may haue appeale none other shall 8 Where a woman may haue an appeale of the death of her husband 20. H. 6.47 Kel fol. 120 none other shall haue it during her life nor after her death though the wife doe die within the yeare and day after the death of her husband and before the appeale commenced for that the appeale was once out of the blood it shall not be restored to his
doth not lye in those cases the court shall stay the awaâ—ding of the Exigent against the others vntill the court be aduised whether the Appeal wil lye or not 9. H. 4. 2. for if the Appeale do abate it doth abate against them all as well principals as accessories 69 The proces to remoue an Appeale out of the countie Proces to remoue an Appeale or from the Iustices of gaole deliuerie is a Certiorari awarded out of the Chauncery or the K. Bench 10. H. 4. 4. and it may be sued as well by the def as the plaintife which Certiorari must agrée with the Appeale or the Indictment that is to be remoued for if the Appeale or Indictment be of two horses 3. Ass p. 3. and the Certiorari is but of one this is no good writ 4. H. 6. 15. Register Ind. fo 76. 70 If an Appeale be attached within the countie Certiorari into the Countie before the Sherife the Coroners the Certiorari must be directed to them both viz. as wel to the sherif as to the coroners for a Certiorari directed to the sherife onely is void 71 After an Appeale is remoued Proces against the pâ—â— after an Appeal remoued the parties be without day before the sherife the coroners And therefore if the plaintif do not procéed with his Appeale in the K. Bench yet he shal not be nonsuit therby vntil a Scire facê° be awarded against him and that he be thereupon returned warned and doth make default for if a Nihil be returned vpon him an Alias shal be awarded against him before he shal be nonsuit vpon which writ if at another time a Nihil be returned 48. E. 3. 32. another Scire facê° shal be awarded returnable at a certaine day and in the meane time the appellée shal be let to mainprise 72 After an Appeale is remoued if the plaintif pursue his Appeale Proces against the def after an Appeale remoued he néed not sue a ScirÌ„ facê° against the def if he do make default but a Capias Exigent And if the defendant doth appeare and plead and after at another day maketh default either because he is escaped out of prison or being let to mainprise doth not appeare yet the Enquest shall not bee taken in his default nor in any case of Felonie But Proces shall bée awarded against him ad audiendum Iudicium in such maner that if he come not at the beginning by the Exigent 16. Ass p. 13 then Exegi de nouo shal be awarded 26 Ass p. 51 Fitz. Exigent 1â— by the which the Sherife shal be commanded to take him if c. to heare his iudgement And if not c. that he be outlawed But if he do not come at the first by Capias then a Capias de nouo shall be awarded and after the Exigent or another Capias according to the nature of the offence whereupon the appeale is grounded Proces against one that by the Sherifes returne is escaped 73 A woman brought an Appeale against another of the death of her husband 30. Ass p. 23 vpon proces awarded against the appellée the Sherife returned Cepi corpus and at the day had not the bodie whereupon he was amerced and also was commanded to bring the body and so twice or thrice and did nothing wherupon the plaintife praied an Exigent affirming that the prisoner escaped as the Sherife was carrying him to the gaole But the Iustices would not award the Exigent against one which appeared to them to bee in prison And therefore they sent to the Sherife to haue the body if he returned this escape then the plaintife should haue his request and not otherwise Proces with a prouiso for the appellée 74 In an Appeale if the parties be at issue 15. H. 7. 9. and the plaintife will not sue forth proces against the Enquest in that case the defendant may sue forth proces with a prouiso as well as he may in other actions which writ when it is returned serued the plaintife may pray a Tales notwithstanding that the Venire fac ' was pursued by the defendant and shall haue it by common course whether the defendant do agrée thereunto or not Proces to remoue prisoners or records 75 By the Statute of Anno 1. 2. P. M. it is ordained St. 1. 2. P M. 13. That no writs of Habeas coâ—pus or Certiorari shal be granted to remoue any prisoner out of any gaole or to remoue any Recognisance except the same writs be signed with the proper hands of the chiefe Iust or in his absence of one of the Iust of the court out of the which the same writs shal be awarded or made vpon pain that he which writeth any such writs not being signed as aforesaid shall forfeit to the K. for euery such writ v. l. How the appellee shall be led to the bar 76 He that is appealed or indicted of felonie and imprisoned for the same Bracton de Corona cap. 18. Britton when he commeth before the Iustices to the place of iudgement to answer for the same felonie shall come bare headed loose at libertie without any yrons or bonds sauing with shackles about his legs for feare of escaping so that no paine shall take away or weaken his reason to defend himselfe nor constraine him to make any other aunswer but such as best standeth with his owne frée will Count in Appeale 77 When the Appellée is at the barre to answer to the Appellant the Appellant must count or declare against the Appellée the which count doth varie according to the varietie of Appeales for some be of death some of rape some of robberie and some other of other felonies The forme of Appeale of Murder is in this manner An Appeale of Murder A. hic instanter appellat B. de morte C. fratris sui de eo quod cum praedictus C. fuit in pace Dei Domini Regis apud D. tali die hora anno ibi venit B. vt felo domini regis in assultu praemeditato vi armis c. in ipsum C. felonicè adtunc ibidem insultum fecit cum quodam gladio precij xij d' quem ipse in manu sua dextra adtunc ibidem tenuit praedictum C. super caput suum percussit et vnam plagam mortalem in longitudine duorum pollicium in anteriore parte capitis sui vsque ad cerebrum eidem C. adtunc ibidem felonicè dedit de qua quidem plaga praedictus C. per tres dies proxime sequentes languebat tunc ibidem obijt vel immediate ibidem obijt Et sic ibidem B. vt felo domini Regis praedictum C. felonice interfecit murdrauerit contra pacem dicti domini Regis coronam dignitatem suas quod hoc fecit nequiter vt felo contra
not any release of the appellants made vnto him or any such other matter in discharge of the appeale for he shall come time enough to shew that when the appellant doth appeare vpon the Scire facias And the appellée may haue a Scire facias against the appellant though in the Charter there be not this clause viz. ita quod stet rectus in curia Fi. Char. 17 19 An appeale was brought against a principall and accessorie Non-sute doth not aide an appellee that is outlawed the principall was pursued to an Outlawrie whereupon an Exigent was awarded against the Accessorie returnable at a certaine day at which day the Plaintife was Non-suit in his Appeale and then the Principall came with a Charter of Pardon and prayed allowance thereof for that the plaintife was Non-suite which would not bée graunted by the Court for that the non-suit did not ayde him seeing the appeale was determined before against him by the Outlawrie 20 A man beeing arraigned of felonie pleaded not guiltie 8. Ed. 4. 29 and beeing demanded how he would be tried he shewed forth the Kings protection The Kings protection and said that the same was a sufficient discharge for him and would make none other answere whereupon the Iustices agreed that he should be put to his penance viz. to his paine for t dure And yet at another time Fi. Cor. 239 one béeing found guiltie of felonie shewed the Kings Charter which did not containe any pardon but onely that the King had retained him to goe with him into Gascoigne that was allowed and the Iustices did surcease to procéed any further against him Pardon of a felonie before it was committed 21 A. was indicted for that he did the 13. day of February Plo. com 401. anÌ„ 13. ReginÌ„ Eliz strike B. whereof the said B. died the 18. day of Iune then next following A. vpon his arraignmeÌ„t pleaded the generall pardon by Parliament by which all felonies offences misdemeanours c. in the act not excepted which might bée pardoned before and vntill the 14. day of February were pardoned released and discharged against the Quéene and auerred that neither hee nor the said offence were excepted in the said pardon and praied to be discharged And he was discharged by the said pardon for that the wound giuen by the prisoner was the cause of the felonie the giuing of which wound was an offence misdemeanour against the Crowne the which was pardoned by the Act of Parliament and by that meanes all acts ensuing vpon the same offence were pardoned ⧠Standing mute or answering indirectly AT some time he that is arraigned of felonie is so farre both from making confession of the felonie whereof he is indited and also of pleading not guiltie thereunto that hee will make no answer at all but stand mute of malice and euill will or otherwise plead such matter which is no answer to the felonie whereof hée is arraigned or such a peruerse plea which is no direct answer to the offence whereof he is indited Stand mute or not answering directly Or if he doe answer to the offence yet he will so conclude his plea that the same plea can haue no triall Fi. Cor. 233 283 359 4. Ed. 4. 11 Kel fol. 70. In all which cases he shall be put to his penance for contemning the law and refusing of the ordinarie triall deuised by the law that is to say he shall be put to paine grieuous and durable otherwise tearmed to paine fort dure and as it is commonly tearmed he shal be pressed to death Which paine is called grieuous for that it is so heauie and weightie that hée is not able to endure it and it is called durable because the offendor shall neuer haue ease or reliefe of it but shall die in it 2 The paine grieuous and durable was not at the common law but Felons refusing lawfull triall ordained by the Statute of Westminst 1. made anÌ„ 3. Ed. 1. St. 3. E. 1. 12 whereby it was enacted That notorious felons openly knowne of euill name who will not put themselues vpon enquests of felonies which men doe prosecute before the Iustices at the Kings suit shal be put in hard and strong prison as they which refuse to be tried by the law of the Realme But this is not to be intended of prisoners which be taken for light suspition By which Statute it doth appeare that none shal be adiudged to this paine if there be not euident or very probable matter to conuince him of the offence whereof he is arraigned or otherwise that he is a notable théefe or openly known to be of an euil name which the Iudge ought strictly to examine before hee procéed to iudgement against him â—â—nnance onâ—â— vpon an indictment and not vpon an appeale 3 The iudgement of pennance is only to be giuen when a prisoner is arraigned at the Kings suit and not where he is arraigned at the parties suit 21. Ed. 3. 18 for the words of the Statute be and will not put themselues vpon enquests of felonies which men do prosecute before the Iustices at the Kings suit and therefore in an appeale prosecuted at the suit of the party the iudgemeÌ„t of pennance viz. of paine grieuous durable shall not be giuen but another iudgement that is to say that the offendor shal be hanged And an offendor shal haue this iudgement of pennance at the K. suit 40. Ass p. 40 although that suit be begun before his due time viz. within the yeare after the offence committed where the king ought to haue taried vntill the yeres end for the interest of the party who was to pursue his appeale within the yeare Pennance for piracie 4 If a man be indicted and arraigned before Commissioners to heare and determine for Piracie and Robbery committed vpon the sea 7. El. Dyer 242. and he wil stand mute and not answere directly he shall haue iudgement of pennance viz. of painefort dure and that is by force of the statute of Anno 28. H. 8. St. 28. H. 8. 15. which hath ordained That all Treasons Felonies Robberies Murthers and confederacies committed vpon the Sea or in any other Hauen Riuer Créeke or place where the admirall hath or pretendeth to haue iurisdiction shal be inquired heard cried determined and iudged in such shires places in the realme as shal be limitted in the kings Commission or Commissions to be directed for the same in like forme as if any such offences had béene committed vpon the land And such Commissions shal be had vnder the great Seale directed to the Admirall or his Lieutenant and Deputy and to thrée or foure such other as shal be appointed by the Lord Chancelor as often as néed shal require to heare and determine such offences after the common course of the laws of this land vsed for Treasons Felonies Robberies Murthers and
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 thē shall not answere vntill his companion doth appeare for the inconueniency which may ensue viz. that the one may be foūd 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 séeing 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 spéech 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 néeds 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 hée was acquited And neither in this writ nor in other writs of Conspiracie mentioned in the Register all the indictment néed 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 agrée 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 hée 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 betwéene 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 bée 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 frée 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 bée seised into the Kings hand and their houses wasted and their wiues and children thrust out of doores and their trées 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 béene 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 agréed 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 indictmēt 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 Appellées and Indictées 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 ⧠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 kéeper 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
Lord shall haue a Writ of Escheat and where he may enter 52 The forme of a Writ of Escheat 53 The kings remedy for lands escheated vnto him An office for those lands which doe escheat for Felony 54 The wiues forfeiture of title of Dower 55 What the appellee that wageth battell shall forfeit 56 A Rent-charge pro consilio not forfeited 57 The forfeitures of an outlaw Corruption of Blood Fol. 239. 1 Corruption of Blood salued by Parliament only 2 Where corruption of blood shall preiudice tenant by the courtesie 3 The eldest sonne attainted during his fathers life 4 Where attainder but no corruption of blood Restitution of stolne goods Fol. 240. 1 Restitution of goods vpon Fresh suit 2 What conuiction shal be sufficient to giue the owner restitution of his goods 3 Where the owner shall haue restitution 4 Before whom and by whom inquirie of Fresh suit is to bee made 5 Restitution vpon attainder by indictment Damages in Appeale Fol. 242. 1 The punishment of the appellant and the abettors when the appellee is acquit No Essoine for the appellant in an appeale of death 2 The appeale must bee commenced vpon malice 3 The statute of 13. Ed. 1. extendeth to all Felons 4 The defendant in an appeale acquited by battell 5 Where the accessarie in an Appeale shall recouer dammages 6 Where the defendant is said to acquit himselfe in due manner and where not 7 Acquitall at the Kings suit is only in appeale 8 What Iustices may inflict the penaltie vpon the Appellant 9 The dammages for seuerall persons assessed seuerally 10 Where the appellant shall pay a fine to the king 11 In what cases inquiry shall be made for the abettors 12 What pleas the abettors may plead 13 Proces against the abettors Nonsute in the proces against the abettors 14 A writ against the abettors by the appellee 15 Procurers of indictments for suits in spirituall courts A Writ of Conspiracie Fol. 245. 1 In what case a Writ of Conspiracie doth lye 2 Conspiracie maintenable vpon an acquitall in an indictment or appeale 3 The indictment must be false which giueth the Writ of Conspiracie 4 Conspiracie doubtfull whether true or false 5 The conspirators do become indictors A Iustice of Peace A giuer of Euidence 6 Who be conspirators 7 A Conspiracie must bee by more then one Where only one shal be charged in Conspiracie 8 No Writ of Conspiracie against the Husband and the Wife 9 The forme of the Writ of Conspiracie 10 The writ of Conspiracy for the accessarie 11 Barres in a writ of Conspiracie 12 Iudgement in Conspiracie A villanous iudgement 13 Inquiry of Conspiracie by Iustices 14 Inquiry of Conspirators at the kings or parties suit 15 Procurers of an indictment or an appeale in a forraine county 16 An offence supposed to bee done in a place where there is none such The Coroner and his authoritie and dutie in Felonies c. Fol. 249. 1 The office and duty of a Coroner 2 The Writ de Coronatore Eligendo 3 Who shall be Coroners and by whom they shal be chosen 4 Whether Coroners ought to be knights 5 Causes to remoue a Coroner 6 Where a Coroner shall haue fee and where not 7 What things Coroners shall inquire of 8 A Coroner shall execute his Office in his owne person A Câ—â—oner shall see the dead body A body buried taken vp againe 9 A Coroner must presently doe his office 10 A Coroner shall onely enquire of the death of a man A man slaine in an arme of the Sea A Coroner concealing or not apprehending a Felon 11 The force of a Coroners Record Which Coroners Record shall be preferred Abiuring before the Coroner Confession of breaking of Prison before the Coroner 12 Who ought to appeare vpon the Coroners Inquisition 13 The Coronour with the Sherife may take Appeales 14 Stopping vp of a place of daunger by the Coroners commaundement 15 Where the presence of all the Coroners is requisite and where but some one of them 16 The Coroner must record the euidence and bind the party to giue it 17 Inquiry of a man slaine within the Kings House and Verge 18 One man Coroner of the Kinges House and the Countie Who shall be Judge in Treason and Felony Fol. 253. 1 The King ought not to bee iudge in Treason or Felony What men of condition Iudges ought to be 2 None shall make Iudges but the King 3 Iudges vpon the arraignement of the Peeres of the Realme 4 Iudges of offences that are done in the Kings Pallace 5 Iudges of Conspiracies made to destroy the King or any Lord c. 6 Iudges within the Verge 7 Iudges of Treason committed out of the Realme 8 Iustices of Gaole deliuerie Iudges in Felony 9 Iudges of Nisi prius Iudges in Felony c. 10 Speciall commissioners Iudges at the arraignement of a Murderer 11 Iudges of piracie or offences done vpon the sea 12 Iustices of Peace Iudges in Felony 13 The Lord of a Mannour Iudge in Felony Infangtheefe Outfangtheefe 14 A Felon first executed and then iudged FINIS