any other priuat person who intrudeth himselfe without warrant to be a censor of manners rather séeketh the discredite of the partie then the reformation of his faults for this secreat searching into sifting of other mens conditions dyuing into their offences divulging them to their discredites doth conuince the offendor to be a man of lewde disposition to haue made shipwracke of his conscience doth brand him during his life with the name of an infamous Libeller or slaunderous backbiter And therefore by Gods owne commandement it is specially giuen in charge to euery of his people Non maledices principi populi tui Non fasias calumniam proximo tuo Psal 100. And king Dauid saith Detrahentem secreto proximo suo hunc persequebar And God doth threaten that he himselfe will take reuenge of the slaunderer Psal 49. saying Sedens aduersus fratrem tuum loquebaris aduersus filium matris tuae ponebas scandalum haec fecisti tacui exictimasti inique quod ero tui similis sed arguam te et statuam contra faciem tuam And as infamous libelling secret defaming be oft times the causes of grudges séeking of reuenge and thereby of quarrels in like sort words of slaunder or spéeches of disgrace openly published to the face of an other or behind his backe be also firebrands of variance dissention fighting and the shedding of bloud and so be speciall meanes of the breach of the peace Action vpon the case for slaunder is contra pacem As it may partly appeare by the words of the kings writ alwayes inserted in an action vpon the case brought by one person against an other for speaking of slaunderous words in which writ it is supposed that the words were spoken Ad graue damnum ipsius querentis contra pacem nostram And the same is further proued by the words of the statute of An̄ 2. St. 2. R. 2. 5. R. 2. whereby it is ordeined That because publishing of false newes tales and lyes of Prelates Dukes Earles Barons Slaundering of Noble men or great Officers other noble and great men of the Realme or of the Chauncellor Treasorer Clerke of the priuie Seale Steward of the Kings house Iustice of the one Bench or of the other or of other great Officers of the Realme debate discord or matter of discord or slaunder may rise betwéene the Lords commons whereof great perill may come to the Realme and spéedy subuersion destruction of the same therefore it was enacted by the said statute That if any do commit the before specified offence he shall be taken imprisoned according to the statute of Westm̄ 1. St. 3. E. 1. 34. vntill he hath brought forth him which did speake the same St. 12. R. 2. 41. And further by an other statute made An̄ 2. R. 2. it was moreouer enacted That when the said offendor is taken imprisoned and can not find him that spake the words then he shall be punished by the aduise of the Councell And to the intent that such euill disposed persons which by their lewde spéeches slaunderous words or reports do indeuor to breake or disquiet the peace of the Realme Sta. 1. 2. P. M. 3. might the sooner be inquired of found out punished By a stat made An̄ 1. 2. P. M. it was further established That the Iustices of peace in euery shire citie towne corporat within the limits of their seuerall commissions shall haue full power to examin heare determine the causes abouesaid in the said 2. acts of 3. E. 1. 2. R. 2. specified to put the said 2. stat euery branch in them conteyned in due execution that condigne punishment be not deferred from such offendors And besides the before mentioned penalties assigned to be inflicted vpon transgressors by the foresaid stat euery noble man or great officer of the realme against whom any scandalous words 11. El. Dy. 285. Co. li. 4. 12. false newes or lies be spoken may prosecute against the offendor an action De scandalis magnatū recouer damages against him And in like sort may euery inferior person for any such like words of infamie spoken against him pursue an action vpon his case against the offēdor recouer his damages And further if one person shall exhibit a bill in the Starre chamber against an other amongst other things charge him with murder piracy robbery or other felony or to be a procurer thereof or accessory thereunto or with any other offence which is not examinable in the said court the defendāt in the said bil may prosecute against the complainant therein an action vpon the case recouer his damages for this bil was exhibited of malice by the complainant to remaine of record in the said court to the infamie slander of the defendant not to punish him for the said offences suggested in the sāe bil by a course of justice séeing the court of Starre chamber hath no authoritie to inquire of or punish the same offences But if the complainant doth suggest in his said bill of complaint any matter against the defendant which is examinable in the said court then no action vpon the case is maintenable against him by the defendant therefore though the matter surmised be méerely false for it is done in a course of justice Et sub iudice lis est whether the matters suggested be true or false vntil they be proued And in former ages spéeches tēding to the reproch of others were so odious that K. Edgar ordeined that his tongue should be cut out which did speake any infamous or slaunderous words of an other Edg. Lex 4. But though it be true as is aforesaid that infamous libels secret defamations or publick slanders or reproches be oft times more offensiue to the party taxed therby then open menaces and threates of violence are Yet séeing for the most part menaces springing out of distemperat cholericke humors do more hastilie break forth into further fury extremities tending to the breach of the peace then libelling secret defamation doe which must haue a breathing time to be inquired of bolted forth and then to be punished Therefore I will omit to write any further of libelling or defamation goe forward with menaces c. tota sequela sua 2 Menaces assaults batteries be things of seuerall natures yet for the most part they tend to one effect viz. to hurt him against whom they are bent menacing is a threatening of some hurt to be done or procured by the speaker or some other by his meanes to the person of the hearer or his wife seruant tenant or other The differēce of menace assault and battery whereby he receiueth losse or hurt Assault is an attempt to execute the thing menaced by force violence Battery is the performing of the thing before threatened viz. the beating
for without the glasse it is not a perfect house The same Law is of Wainscot whether it bée affixed to the house by the lessor or by the lessée or whether it bée fastened by great nayles or small nayles or by screwes or yrons put through the postes or wals or by any other meanes yet if it bée taken away it is Wast and the Tenant of the house shall bée punished for it by action of Wast for it is made parcell of the house as séeling and plastering of a house is For the sayd Furnace Bench Table Doore Glasse 20. H. 7. 13. 21. H. 7. 26. and Wainscot are made parcell of the inheritance of the house as the Wals Beames and Transomes bee and they shall discend to the heire of the house and not accrue to the executors Neither shall they bée forfeited by Vtlarie nor attached in an Assise as Chattels may But if in any of the cases aforesaid the Tenant doe repaire the house or thing wasted 20. E 3. Wast 32. 22. H. 6. 58. 28. H. 6. 2. 38. Ass p. 1 42. Ed. 3. 22. and make it so long so broad so high and in such and so good sort as it was when his estate did begin before any action of Wast shall bée brought against him therefore then no action of Wast is maintenable against him for that cause Notwithstanding if any house wall couered or c. were ruinous at the time of the beginning of the Tenants estate 22 H. 6. 18 21. Ed. 4. 39. and after the Tenant doe pull it downe and build it againe though it bée not so large as it was before yet is it no Wast neither is the Tenant punishable therefore by an action of Wast for that he had not béen punishable therefore if hée had suffered it wholly to decay and not haue builded againe any part thereof If Wast bée committed in seuerall principall parts of a house 4. Ed. 3. 32. 8. Ed 2. Wast 112. 12 Ed. 3. Wast 108. 127. he in the reuersion or remainder thereof may by an action of Wast recouer the whole house for this dispersed Wast As in like case if Timber Trées of Oake Ash or Elme bée felled in seuerall parts of a Wood or Close hée in the reuersion or remainder may by an action of Wast recouer against the Tenant the whole Wood or Close for this dispersed Wast To procéede according to the wordes of the Writ with Wast in Woods Wast in woods If the Lessée for yeares Lessée for life Tenant in Dower Plo. Com. 470. 3. E. 6. Dyer 65. 7. H. 6. 40 21. H. 6. 46 14. H. 4. 12. or c. doe sell or fell Oakes Ashes or Elmes béeing of twenty yeares growth and aboue the value of thrée shillings foure pence this is Wast and punishable by an Action of Wast For those Trées of that age will endure long bée méete for Building and bée parcell of the inheritance of him in the reuersion or remainder 27. H. 6. Wast 8. 29. H. 8. Dyer 36. Co. li. 4. 64 and notwithstanding the said lease or any other particular estate for life assured the same trees be the leassors and not the leassees though the leassor cannot fell them or graunt or sell them to any other without consent of the tenant for that the said tenant hath the loppe and maste of them and shade for his cattell And likewise if the boughes or braunches of any of the same trées beeing of the said age of twentie yeares bée cut downe by the tenant the same is also wast for they in like sort may serue for building But if a house with certaine ground be assured to a tenant for terme of yeares life or c. whereupon Oake 7. H. 6. 40. 41. Ed. 3. Wast 82. Ash or Elme aboue twentie yeares of age be growing if the same house doe fall in decay during the said terme the said tenant of his owne authoritie without the assignement of the Leassor may fell sufficient of the said Oake Ashe or Elme to repaire the same house for the Law hath ordained that one commoditie or parcell of the farme demised shall help to maintaine the other And so the tenant if hee will may fell timber to repaire the house though the same were in decay at the time of his entrie Notwithstanding 12. H. 8. 1. 7. H. 6. 40. 29. H. 8. Dyer 36. 49. E. 3. 1. 42. Ed. 3. 22. 11. H. 4. 31. 9. H. 4. Wast 59. 9. H. 6. 66. if hee bée so disposed hee may permit the same house which he so found in decay to bee vtterly ruinated and fall downe for hée need not keepe the house in other repaire than he receiued it But if the tenant doe giue or sell any timber or fell more for any of the vses aforesaid than is necessarie and sufficient or doe fell any timber to build a newe house where there was none vpon the ground before then he may bee punished therefore by an Action of wast And the same Law is of a Copieholder who can fell no timber but to repaire his houses which hee holdeth by copie of Court Roll. The felling of Maples Sallowes Willowes Hornebeams Crabtrees 46. E. 3. 17. Hasils Thornes or such like is no wast for that they will not continue long nor serue for building And therefore they are accounted seasonable wood and are lawfully to bée felled by the termor and to bée spent vpon the same ground for house-bot 12. H. 8. 1. plough-bot hedge-bot fold-bote or fire-bote which the Law doth allowe to the termor for yeares or life And the tenant may fell Oakes Ashes or Elmes for any of the purposes aforesaid 21. H. 6. 46. if there be no vnderwood growing vpon the same ground to be imployed to those vses By the custome of some countrie where wood is plentifull Oakes Ashes and Elmes vnder twentie yeares groweth be called vnderwood 11. H. 6. 1. Lib. Intr. 617. or seasonable wood and may be felled by the termor for any of the vses aforesaid and so may wrangles aboue twentie years growth which are neuer like to prooue timber or méete for building but in some other countries where wood is scant it is otherwise Felling of seasonable wood 40. E. 3. 25. Fitz. N.B. 59. which is vsed to bée cut euery seauen tenne fiftéene or twenty yeares is no wast Neither is it wast for the tenant to fell and take dotards or to take windfalles wherein there is no timber for they bee the tenants to vse and spend as is aforesaid 7. H 6. 40. Co li. 4. 64. Fit N.B. 59 29. Ed. 3. 33. But windfalles wherein there is any timber bée the Leassors And so is the timber of a house which doth decay and fall downe during the terme the Leassors vnlesse the tenant will reedifie the same house and imploy the said timber in the building thereof againe Though the felling of Willowes or other such like
by the bringers hereof the bodies of the said C. D. E. F. conuicted of the said forcible holding by my record commanding you and euery of you in his Ma. name that you receiue them safely keepe them in your said Goale vntill they shall haue made their fine and ransome to the King and be deliuered thence by the order of the law Hereof faile you not vpon the perill that will fall thereof Dated at Salden the 30. day of I. in the third yere of the raigne of our soueraign Lord K. Iames c. 16 And though the words of the before rehearsed stat of 8. H. 6. be Vpō cōplaint made to the I. of P. or one of thē c. yet those words do not alwais bind a I. of P. to expect the cōplaint of the party grieued or to omit to do his duty in inquiring of repressing punishing of force because the party grieued by the forcible entry or detaining of possessiō is ignorāt in séeking lawfull redres for his receiued iniury or doth intēd to take his remedy by other means but a I. of P. hauing notice of such forcible entry A Iustice may inquire of forcible entries without complaint or detaining of possession by force though it be by others and not by the party grieued may and of duty ought to goe to the place where the same force is committed to make inquisition thereof 7. E. 4. 18. and if the force be found to make restitution to the party expelled or put out by force And so by his meanes the offendor shall be punished according to his desert the partie wronged shal be restored the king shall be intituled to a fine all which without the said Iustices diligence would be omitted An action of forcible entry 17 If a man that is seised of lands or tenements of an estate in fée simple Fitz. Na. B. 248. fée taile for terme of his owne life or for the terme of anothers life be disseised or expelled thereof by force he may haue an action of Trespas of forcible entry vpon the foresaid statute of 8. H. 6. against him or them that did so disseise or expell him thereof and so he may if he be put out 6. H. 7. 12. or disseised of his lands or tenements peaceably and after the disseisor or he that doth expell him 14. H. 6. 1. doth hold them with force And in like sort he may haue the same action 3. E. 4. 19. 10. E. 4. 11. if any doth enter into his said lands or tenements with force after doth defend and hold them by force then he which is so put out and holden out with force may haue this action though the words of the statute be in the disiunctiue viz. disseised with force or disseised quietly after holden out with force for that the intent of the statute was to punish all such forces whether it were vpon the entry disseisin made or vpon the holding and detaining of the land with force in all which cases he who is so disseised or put out may haue an action of forcible entry vpon the said statute of 8. H. 6. and shall recouer his damages and costs to the treble of that which shal be found by the Enquest that he is endammaged 19. H. 6. 6. 22. H. 6. 57. 9. H. 6. 19. hath spent in his suit The writ of forcible entry must be Vi armis as wel for the occupation as for the first entry And it is to be noted that the writ declaration in an action of forcible entry must be that the def entred vi armis and not illicite or by any other such words for if the writ be otherwise it shall abate seeing a writ of forcible entry is alwaies vi armis 37. H. 6. 23. 38. H. 6. 1. and proces of Outlawry lieth in it and the declaration must expresse the certainty of the lands whereupon the defendant did make his forcible entry and which they be and not suggest that he did enter vpon certaine lands in D. And in this action of Forcible entry 35. H. 6. 6. 49. Ed. 3. 2. Co. lib. 3. 12. and in all actions Quare vi et armis a Capias doth lie and where a Capias doth lie in the proces there after iudgement a Capias ad satisfaciendum doth lie and there the king shall haue a Capias pro fine Who may brīg an actiō of forcible entry 18 None can pursue or maintaine this action of Forcible entry Fit Na. B. 248. but he who hath fréehold at the least in the lands or tenemēts so entred vpon for tenant for terme of yéeres or a copyholder cannot maintaine this action for that the words of the said stat of 8. H. 6. be If any person be put out Sta. 8. H. 6. 9 or disseised of any lāds c. and the words of the writ grounded vpon the said statute be Expulit et disseisiuit and tenant for terme of yéeres or a copyholder cānot be disseised séeing disseisin is alwaies of a fréehold which neither of them haue in that land But if tenant for terme of yéeres or a copiholder be put out by force or put out peaceably after holden out with force of land which either of them doth hold by the said estate then vpon cōplaint made by the party grieued to a I. of peace after inquisition thereof by a Iury the same force found the said Iust may reseise the said lands cause restitution thereof to be made to the party so put out for in this case the same cōplaint may be made to the said I. of P. aswell by him in the reuersiō as by the tenāt for terme of yeres or copiholder séeing he in the reuersiō who is disseised of his fréehold by this forcible entry is may as well be termed the party grieued as the tenant for terme of yéeres or the copyholder for their said particular estates And when the Iustice of peace hath made restitution the particular tenant for terme of yeares or copyholder and also he or they in reuersion shall hold and enioy their said seuerall estates in the same lands 4. 5. P. M. Di. f. 142. in such sort as they did before the said Forcible entry made But if tenant for terme of yeares be expelled out of that land which he so holdeth for the terme of yeeres he in the reuersion cannot bring an action of Forcible entry vpon the statute of 8. H. 6. for the same although it be a disseisin to him for that the expulsion is not done immediatly to him Fit Na Br. 248. 9. H. 6. 19. 19 If a man do enter by force into lands or tenements He that hath title entreth by force wherunto he hath right or title to enter doth put out him who hath the freehold of the same lāds in this case he who is so
put out by force cannot maintaine an action of trespas of forcible entry against him who hath title to enter for that his entry was no disseisin to the other who was not lawfully seised thereof but he may invite him for this forcible entry this indictment being found he shal be restored to his possession againe by a Iust of peace by vertue of the said statute of 8. H. 6. And after that 22. H. 6. 18. he that did first enter forcibly by lawful title may again enter peaceably or bring an assise of Nouel disseisin at his pleasure Fit Na. B. 249. 22. H. 6. 37. 20 If a man do enter into lands or tenements disseise one with force He that hath possessiō sueth a writ of forcible entry and after the disseisée doth réenter againe yet the same disseisee may pursue an actiō of Trespas of forcible entry against the disseisor recouer his treble damages though he be seised of the land at the time of the writ brought And therefore it is not a sufficient plea in a writ of forcible entry for the def to plead that the plaintife was seised of the same land the day of the said writ brought 20. H. 6. 12. 22. H. 6. 23. 21 A man may haue a writ of Forcible entry of a rent as well as of land Forcible entry of a rent or common for one may distraine with force for rent and that doth counteruaile an entry with force And one may haue a writ of Entry of a rent which doth suppose that the def did enter into the rent And in an Assise of rent the disseisin may be found to be done by force 39. Ass p. 4. If there be thrée iointenants of land out of the which there is a rent going vpon a distresse taken one of thē maketh rescous by force he only shal be imprisoned yet the others be disseisors And the like law is of a commō of pasture for a commoner may be force be expelled or kept out of his common And a man may kéepe his beasts in another mans ground by force 27. Ass p. 30 claiming common where he hath no common and that is disseisin by force And in either of the cases aforesaid a Iust of peace vpō complaint to him made may remoue the force but not award restitution because they are to be taken vsed in another mans land 2. H. 7. 16. 17. Ass p. 14 22 If diuers do enter with force to the vse of another Forcible entry to the vse of another who himself doth not enter but after doth agrée to this entry to his vse this agréement doth make him a disseisor or a trespassor but he shall not thereby be punished for the force for there can be no forcible entry without an actuall entry Forcible detaining by words only And yet there may be a forcible detaining of possession by words only without act as if he that hath wrongfully but peaceably entred into another mans house expelled and put out the owner thereof shall say to the same owner if he do come thither againe to enter he will kill him this is a forcible detaining of possession 23 If there be two iointenants or tenants in common of certaine lands one of them doth expell put forth the other out of possession of the said lands by force Iointenants or tenants in common expelling each other by force he that is so expelled 8. Ed. 4. 9. 19. 10. H. 7. 27. Fit Na. Br. 249. 21. E. 4. 10. 18. H. 6. 5. may haue an action of Trespas of forcible entry against his companion that did so expell him vpon the said statute of 8. H. 6. for the words of the writ may be verified Expulit Disseisiuit and therupon he shall haue a writ of Restitution to restore him to his former estate But if one iointenant or tenant in common of lands doe expell the other by force out of the same lands he that is so expelled cannot maintaine a writ of Entry vpon the statute of 5. R. 2. against his companion that so put him foorth and suppose that he did enter into the same lands vbi ingressus non datur per legē for that his entry and possession in that land is lawful through the whole land in respect of his owne moitie or estate and further séeing by that action the plaintife is to recouer but only dammages as in an action of Trespas and not to be restored to his possession which action of Trespasse one iointenant or tenant in common cannot maintaine against another for any Trespas done in the land so holden by them Who may bring a writ of Entry vpon the statute of 5. R. 2. 24 None can maintaine a writ of Entry vpon the said statute of 5. R. 2. 8. E. 4. 9. 19. vbi ingressus non datur per legem but onely tenant in fée simple tenant in fée taile or tenant for terme of life at the least for tenant for terme of yeares a copyholder or a tenant at will cannot pursue and maintaine it seeing they haue but the manurance and occupation of the land 4. H. 7. 1. Neither can the King bring the said Action nor an Assise Eiectione firmae nor action vpon the statute of 8. H. 6. Nor any other action which doth proue him out of possession of the land Turning a watercourse by force 25 If a man do enter into another mans ground Plow Com̄ 467. and turne away by force an ancient watercourse which he hath running to his myll the party grieued may haue a speciall Assise of Nusance vpon the statute of 4. H. 4. against the offendor recouer his double damages yet he was not put out nor disseised of his freehold but a Nusance was done to the dammage thereof The plea of not guilty in forcible entry 26 In a writ of Forcible entry the defendant may plead not guilty Lib. int̄ fol. 330. Fit N. B. 249. 14 H. 6. 16. 22. H. 6. 57. 22. H. 6. 17. 9. H. 6. 19. 21. H. 6. 39. that shal be a good plea. But if the defendant doe plead some matter in barre yet he must in the end of the barre trauerse and deny the entry with force which is alledged against him as to say without that he did enter with force c. And the plaintife must answer to that speciall matter alledged in the barre without answering to the Trauerse of the force and vpon that speciall matter the issue must be ioyned and not vpon the force And if that speciall matter alledged in the barre be found by verdict with the defendant he shal be excused and the force shall not be inquired of But if it be found with the plaintife and against the defendant then the defendant shal be attainted of force and render treble dammages and treble costes without inquirie of the force
false déede or writing as aforesaid after the said first day of Iune Stat. 5. El. 14 11 This Act or any thing therein contained Persons not chargeable by this statute shall not extend to charge any Ordinarie or any their Commissaries Officials Registers or any other their Officers or Ministers with any the offences aforesaid for putting their seale of office to any will to be exhibited vnto them not knowing the same to be false or forged or for writing of the said will or probate of the same Neither shall this Act or any thing therein contained extend or be hurtfull to any Proctor Aduocate or Register of any Ecclesiasticall Court within this realm for the writing setting forth or pleading of any Proxie made according to the Ecclesiasticall lawes or customes heretofore allowed and vsed by the Ecclesiasticall Courts of this Realme for the apparance of any person or persons beeing cited to appeare in any of the said Courts Ecclesiasticall Officiall Nor to any Archdeacon or Officall for putting their authentique seale to the said proxies or proxie Nor yet to any Iudge Ecclesiasticall for admitting of the same but they and euerie of them may hereafter doe in all poynts concerning the same as they and euerie of them might lawfully haue done before the making of this Act. Neither shall this Act extend to any Attourney Attourney Lawyer or Counsellor Counsellor that shall for his client plead shew forth or giue in euidence any false and forged déed charter will court roll or other writing for true being not partie nor priuie to the forging of the same for the pleading shewing forth or giuing in euidence of the same Neither shall this Act extend to any person or persons Exemplification that shall plead or shew forth any deed or writing exemplified vnder the great Seale of England or vnder the great seale of any other authentique Court of this Realme A Iudge A Iustice Nor shall extend to any Iudge or Iustice or other person that shall cause any seale of any Court to bee set to any such déed charter or writing inrolled not knowing the same to bee false and forged Any thing in this Act to the contrarie notwithstanding Forging of a customarie booke 12 If one or more tenants of a Mannor 15. Eliz. Dy. 322. wherein there bee seuerall Copiholders doe make a customarie booke or roll of the same Mannor in parchment or paper and doe insert therein diuers customes whereof some be false and doe set his or their owne seales thereunto and the seales of some other Copiholders of the same Mannour and the same customarie booke or roll is intituled and pretended to be collected renewed set forth and allowed by the Lord and all the Freeholders and Copiholders of the said Mannour where in truth it is set forth and made without the priuitie or consent of the Lord of the same Mannour or of the residue of the Copiholders thereof This is a forgerie and false making of a writing sealed to the intent to benefit themselues and to disinherit the Lord of the Mannor and therefore punishable by the open and shamefull punishment contained in the foresayd Statute of 5. Elizab. The proces to leuie costs and damages of a forger 13 Whereas the sayd Statute of 5. Elizabeth hath ordayned 15. Eliz. Dyer 323. That if any person shall bée conuicted of forging of a false deed vpon a bill or information to bee exhibited into the Court of the Starre chamber according to the order and vse of the Court hee shall pay vnto the partie grieued his double costs and dammages to bee assessed in the same Court Therefore when any man is attainted of Forgerie in the Starre chamber for the recouerie of the double costs and dammages taxed by the Court a writ in English shall bee made and directed to the Sherife of the Countie where the offendor doth dwell reciting the Statute and the conuiction commaunding the Sherife to leuie the said costs and dammages of the goods cattels and profits of the lands and tenements of the offendor and to bring the money into the Starre chamber Which writ shall bee sealed with the great Seale and vnder the Teste of the King And there by the order of the Court the money shall be deliuered to the partie grieued The kings pardon of forgerie 14 If a man be attainted of Forgerie in the Starre Chamber 15. Eliz. Dyer 323. Co. li. 5. 50. or in an action of Forger of false déeds founded vpon the said statute of 5. Eliz. the king may pardon his corporall punishment of setting vpon the pillorie flitting his nostrels and perpetuall imprisonment viz. so much of the penaltie of the sayd statute as is to be inflicted for a terrour or example to his people for that hée onely hath interest therein as hée hath in the issues and profits of the said offendors lands And as he may pardon the second offence of him who béeing once conuicted of forgerie doth eftsoones commit the same againe and thereby doth become a felon And as the plaintifes release discharge or discontinuance by the words of the said statute shall discharge the defendants iudgement or execution touching such costs and dammages as the plaintife should haue had against the defendant So may the kings pardon discharge the same defendant of any penaltie or forfeiture that the same statute doth giue vnto him which be the corporall punishments and the issues and profits of the defendants lands 23. El. Dy. 302. 15 Whereas the said Statute of 5. Elizab. hath ordained Forging of Testament That if any shall forge the will of any person in writing to the intent c. That then hée shall be punished as is aforesaid Yet if one do forge the Testament of another person whereby any lease for yeares shall bée conueyed hée is within the danger and penaltie of the said statute though no mention bee made in the statute of a Testament and he shall be charged onely in respect that hée hath forged a writing sealed But of a will concerning fréehold or inheritance there is speciall mention made in the same statute 12. Eliz. Dyer 288. 16 If a Clerke doe write the will of another man which is deadly sicke and after the Testator is become speechlesse Inserting more in a will than is directed and past memorie doth insert some article or clause in the same will which the Testator did not direct him to doe yet this is no forgerie punishable by the sayd statute of 5. El. nor within the meaning of the makers of the same For the principall déed or writing which was the wil of the Testator was not forged neither was any false déed charter writing or will though the article or clause inserted therein hauing no sufficient warrant was false and therefore not the Testators wil nor part thereof nor to be proued therewith 17 And though the said statute of 5.
or meanes of any others or by his owne act consent or agréement shall wilfully and corruptly commit any manner of wilfull Periury Periury committed by witnesses for Bankrupts by his deposition to be taken before the said Commissioners or the greater part of them as is aforesaid Then the party or parties so offending and all and euery person and persons that shall vnlawfully and corruptly procure any such vnlawfull wilfull and corrupt Periurie shall or may therefore be indited in any of the Kings Courts of Record and after his or their conuiction thereof shall incurre such forfeiture and receiue and haue such paines and punishment as are limitted by the statute made concerning Periury St. an̄ 5. El. 9. Anno 5. Eliz. 9. Co. li. 5. f. 99 28 A man cannot be indited for Periurie vpon the foresaid statute of 5. Periury committed vpon an indictment of Riot El. for giuing false euidence on his oath to the Enquest at a Sessions vpon an Indictment of Riot For the statute was ordained against procurers of Periurie in a matter depending in suit and variance by any Writ Action Bill Complaint or Information and so procurement of Periurie vpon an indictment is out of this braunch of the said statute And the second braunch of the same statute touching committing of Periury shal haue the same construction which the first hath though it be not there in words and shall haue reference to the first And it shal be expounded as if the words of the statute had béene If any person shall wilfully and corruptly commit any wilfull Periurie in any cause depending in suit by any Writ Bill Action c. And the same law is if a man commit wilfull Periury Periury vpon an indictment of Felony vpon euidence giuen to the great Enquest vpon an indictment of Felony he is not to be punished by force of the foresaid statute of Anno 5. Eliz. Periury in prouing a suggestion for a prohibition 29 If wilfull Periurie be committed in the Kings bench 7. 8. Eliz. Dyer 243. by any witnesse produced to proue a Suggestion for a Prohibition there graunted against an Ecclesiasticall Iudge according to the statute of 2. 3. E. 6. St. 2. E. 6. 13 whereby the party is staied of this consultation this shall not be examined and punished in the Starre chamber for the statute of 3. H. 7. St. 3. H. 7. 1 which maketh mention of such things as the Court of Starre chamber is to hold plea of prouideth no more punishment by speciall words for Periurie then it doth for Murder or Rape There is a prouiso in the foresaid statute of Anno 5. El. That the Lord Chancelor and others of the Qu. Counsell shall and may procéed in the punishment of all offences in such wise as they might haue done and vsed to do before the making of the said Act to all purposes so that they set vpon the offendors no lesse punishment then is contained in the said Act. 30 A Bill of Periurie may be sued in the Chancery for a periurie committed in the same Court A suit vpon periury in the Chancery contrary to the foresaid statute of Anno 5. 12. El. Dy. 288. El. and if the defendant do plead vnto it not guilty he shall be sworne to his plea and also shall answer to Interrogatories as it is vsually done in the Starre chamber for the L. Chauncellor had absolute power before the said statute of Ann̄ 5. El. to punish Periury And therefore by a prouiso in the said statute his power therein is not restrained by the same statute And if the Court of Chauncery will examine Periury committed there it must be done by a bill in Latin and pleaded in Latin and the issue shal be ioyned there and tried in the K. Bench as it is vsed in the like cases Where periury shal be punished in the tēporall court where in the spirituall 31 There is no remedy or punishment for Periurie in a spirituall Court against indictors that do endite a man of felony which be periured 22. H. 8. Kel 39. or against a Iury which doth giue a false verdict betwéene party and party And if a suit be commenced in the spirituall court against an offendor in Periurie in either of those cases he may haue a prohibition for this periury doth rise vpon a cause that is temporall viz. the Treason or Felony Debt Trespas or plea of land and for this periury the offendors shall be punished by attaint by the common law or otherwise And so it is if a man be defamed by a false indictment there is no remedy in the spirituall Court for his defamation for that it groweth vpon a matter which is temporall But where the Periury doth rise vpon a matter which is spirituall as vpon a Testament Matrimony or Legacie or such like then the spirituall Iudge hath authority to punish it and in that case a Prohibition will not lie And as there is no punishment in the Ecclesiastical Court for Periury that doth rise vpon a cause that is temporall So the Law hath prouided Co. lib. 4. 20 that defamation Defamation which is another euill fruit of a malicious and corrupt heart and of a leud and venomous tongue shall not be punished in the Ecclesiasticall Court vnlesse it concerne matter that is méerely spirituall and determinable in the Ecclesiasticall Court as to call a man Hereticke Schismaticke Adulterer Fornicator c. and vnlesse it doth concerne matter that is méerely spirituall onely For if such a defamation doe concerne any thing that is determinable at the common Law the Ecclesiasticall Iudge shal not hold plea thereof And yet if such a defamation be méerely spirituall and onely spirituall notwithstanding he that doth sue in the Ecclesiasticall Court for being defamed cannot sue there for recompence or dammages but only for the punishment of the offence ⧠Maintenance Champertie Embracerie and Buying of Titles MAintenance is where a man giueth to another that is demaundant What maintenance is the enormities thereof or tenant plaintife or defendant in any suit or to any other in his behalfe or to his vse any summe of money or other reward for to maintaine his plea or suit Or otherwise vseth persuasion or maketh labour for him or vseth other meanes to countenance aid or assist him when he himselfe hath nothing therewith to doe Which is an offence that the wisdome of the Realme from age to age hath condemned and hath indeuored to inflict diuers punishments vpon the transgressors therein as it may appeare by the statutes of West 1. West 2. 28. Ed. 1. 33. Ed. 1. 8. H. 6. 19. H. 7. 32. H. 8. 18. El. The law doth so greatly desire the continuance of peace betwéene one member of the Commonweale and another so much condemneth variance suits without cause that many times and in many causes the plaintife is amerced
vpon the one shal be also an acquitall vpon the other By the letter of the said statute of Westm 2. this word Malice doth only referre it selfe to Abettors and Procurors but yet it is commonly taken to extend as well to the appellant as to them The Statute extendeth to all felonies 3 The said stat of West 2. saith when any is appealed of felony St. 13. E. 1. 12 this word felony is not only intended of such offences which were felonies at the time of making the said statute but also of all other offences which haue béen made felony by stat sithence the said statute And therfore in an appeale of rape which was made felony by the same stat of West 2. the plaintife was nonsute when the Enquest was to be taken and the def was arraigned at the kings suit Fi. Cor. 275 381. and found not guilty and the Iury was charged to inquire of the abettors The defendant acquited by battell 4 The words of the said statute of West 2. be When any doth acquit himselfe in due manner which may be intended as wel that the defendant shal recouer dammages where he doth acquite himselfe by battell St. 13. E. 1. 12 as where he doth acquite himselfe by the country But that acquital by battell is to be construed in this manner where the appellant when he is in the field will acknowledge his appeale to be false for that is a kind of vanquishment Fit Cor. 98. for it must not bée intended where the appellant is slain in the field séeing when the person of the appellant is dead the dammages be also gone for euer without any recouery to be had of them 5 It is to be noted that there is an acquitall in law as well 〈◊〉 an acquitall in déed for if two be appealed one as principall and the other as accessory and the principall is acquite by this acquitall the accessory shall recouer his damages against the appellant if the Enquest which tried the principall Where the accessory in appeale shall recouer damages were also charged vpon the accessory 2. 3. P. M. Dy. 120. 35. H. 6. 2. though they gaue no verdict of the accessory for in this case the accessory shall haue a writ of Conspiracy by the common Law because by a meane he put his life in ieopardy But it is otherwise if the principall be acquit and the accessory did not appeare but depended in proces for in that case he ought expressely to be acquit by verdict 41. As p. 24 or otherwise he shal not recouer dammages by force of this statute neither shal he haue a writ of Conspiracy by the common law St. 13. E. 1. 12 6 These words of the foresaid stat of West 2. be of great moment viz. whē any which is appealed of Felony doth acquite himselfe in due maner for if the def doth barre the plaintife of his appeale Where the def is said to acquite himselfe in due maner and where not he cannot recouer damages thereby against the plaintife except the barre be such as doth acquite the def of the Felony And therefore if the def doth plead that the appellant is a bastard or hath an elder brother or was neuer accoupled in lawfull mariage or such like pleas in barre and by these pleas doth barre the plaintife yet he shall not recouer damages against him for the def may be indicted againe of the same Felony and attainted 27. Ass p. 25 Fi. Cor. 77. notwithstanding by either of these pleas he is discharged of the appeale as well against the king as against the appellant for those pleas which do not trythe def innocency in the Felony do neuer giue him dammages any more then if he had pleaded in abatement of the writ of Appeale such a plea as had abated it For notwithstanding such a plea doth discharge him of the appeale as well against the K. as against the party yet it doth not discharge him of the felony Fit Cor. 12. And the like law is if in an appeale the def do barre the appellant by a demurrer in law yet he shal not recouer damages against him for the def innocency in the felony doth not by that meanes come to triall And so it is if in an appeale of the death of a man the def do plead to issue is foūd by verdict to kill the man in his owne defence 22. As p. 77. or by misaduenture in these cases he shall recouer no dammages against the appellant for this is no acquitall of the Felony because the def is inforced to purchase his pardon to purge him of the Felony and besides it doth appeare that this appeale was not commenced vpon malice Fi. Cor. 386. In like sort if the def in an appeale vpon his arraignmēt will demand his Clergy the Court wil take an Enquest of office to inquire whether he be guilty or not and the enquest doth find him not guilty yet by this acquitall he shall not recouer damages for in that he demaunded his clergy before triall he did rather in a sort confesse the Felony by implication then otherwise But if he had refused his clergy and put himselfe vpon the enquest who had acquited him then he had bin acquite in due manner according to the foresaid statute should haue recouered his damages And so it is if the def in an appeal hath the release of the appellant or the K. pardon will waiue them plead not guilty put himselfe vpon the countrey and is acquit he shall recouer damages yet he hath done a thing of record viz. by purchasing the K. pardon wherin by implication he doth confesse the Felony But if it were a pardon by act of Parliament 11. H. 4. 40 he could not weiue it If the def be acquit erroniously without due proces he shal not recouer his damages against the plaintife for that the words of the foresaid statute of West 2. be Se acquietauerit in curia Regis modo debito As 9. H. 52 where the def doth appeare by the Exigent vpon whom the Shirife hath returned Cepi corpus defendentis where he should haue returned Exegi feci and the defendant doth appeare vpon the Euidence and without taking aduantage thereof pleadeth not guilty to the appeale and it is so found for him yet some do affirme that he shall not recouer his dammages because he is acquit erroniously without due proces But others vpon greater reason do hold that the Error in the proces is not materiall Fi. Cor. 444. so long as there is no Error in the writ of appeale declaration or pleading for the def is arraigned vpon the originall Writ and not vpon the meane proces Acquite at the K. suit is only vpō an appeal 7 The foresaid statute of West 2. hath ordained St. 13. E. 1. 12 That when any which is appealed of felony
32 Pledges in Appeale of Rape 33 Within what time an Appeale shal be commenced 34 From what time the yeare shall haue relation 35 The yeare shall haue relation from the offence done 36 Within what time an appeale of Rape shal be commenced 37 In what County Appeale shal be brought 38 In what county an Appeale of Rape shal be brought 39 In what county an Appeale of Robbery shal be brought 40 Threatening in one county to bring money into another 41 Goods robbed carried into diuers Counties 42 Before whom an Appeale shal be brought 43 Remouing an Appeale out of the County 44 An Appeale before the Iustices of Gaole deliuery 45 An Appeale before the Iustices of the Kings Bench. 46 An Appeale against one bayled No Appeale against him that is let by mainprise 47 Appeale before Iustices of Peace 48 Appeale before the Constable and Marshall No Appeale in Parliament 49 Diuers Appeales for one felony 50 One onely Appeale for one Felony 51 Where diuers Appellees for one Felony 52 Two Appeals founded vpon one Felony 53 Robbery of seuerall parcels of goods 54 Where one shall answere to diuers Appeales or Indictments 55 Answere to diuers Indictments as well as to Appeales 56 He that hath his clergy shal answere to an Appeale of former offences 57 A Clarke shall answere to a former Appeale or Indictment of former offences 58 Proces in Appeale before the Coroner 59 Proces vpon an Appeale or Indictment 60 Proces against indictors in another County 61 Proces against Appellees and Indictees in forraine Counties 62 Proces vpon an Appeale remoued into the Kings Bench. 63 The party appealed must be supposed to be of a forraine countie 64 An appellee dwelling in no place certaine 65 Proces into a County Palantine 66 Proces against Principall and Accessarie 67 The Statute of West 1. extendeth onely to Appeales commenced by Bill 68 In Appeale one appeareth and others make default 69 Proces to remoue an Appeale 70 A Certiorari into the countie 71 Proces against the plaintife after an appeale remoued 72 Proces against the defendant after an appeale remoued 73 Proces against one that by the Shirifes returne escaped 74 Proces with a prouiso for the appellee 75 Proces to remoue prisoners or records 76 How the appellee shall bee led to the barre 77 Count in an Appeale An Appeale of Murther The yeare day houre time of the king and the towne materiall 78 The place where the fact was done 79 Count in an Appeale of death against three as principals The fact must be declared 80 Count in an Appeale of Robbery 81 Where in an appeale of Rape the Statute must be rehearsed in the Count and where not 82 Defence in an Appeale 83 Pleas to the Writ in Appeale 84 The forme of the Writ in an Appeale of Rape This word Rapuit materiall 85 Not two Appeales for one offence 86 Pleading of one in an Appeale brought against two 87 The plaintife in an Appeale misnamed 88 Two or three pleas to the Writ 89 Barres in Appeale Barre in Appeale of death brought by the wife 90 Barre in Appeale of death brought by the heire 91 Barre in Appeale of Rape or Robberie 92 Generall pleas in barre in Appeale 93 Barre for that the plaintife brought another Appeale 94 Barre by the plaintifes release 95 Pleading not guilty after other pleas 96 Where the king may prosecute an Appeale begun 97 No Appeale of Treason Indictments Fol. 169. 1 Commissions to Sherifes to take Indictments 2 When the Sherife shall hold his Turne An Indictment found in an vnlawfull time 3 Sherifes shall enquire by xij men at the least 4 Indictment before the Sherife shall bee by Roll indented 5 Of what sufficiencie Iurors returned in the Sherifes Turne shall be 6 Indictments taken in the Shirifes Turne shal be deliuered to the Iustices of Peace 7 Iurors in Indictments shal be returned without the denomination of any 8 Pannels for Indictments may be reformed by the Iustices 9 An Enquest to inquire of the concealement of other Enquests 10 In what case indictment and triall shall bee where the King will 11 Indictments and Trials of Treason committed out of the Realme 12 Indictment in the county of Lancaster of a forrainer 13 Indictment of a Lancashire man in a forraine County 14 Indictment for the striking or poisoning of a man in one coūtie who dieth in another Indictment of an accessary to an offence committed in another County 15 Indictments lacking these words Insidiatores viarum depopulatores agrorum 16 Words not necessary in Indictments 17 No more shall be in an Indictment then is true Felonicè or Piraticè in an Indictment 18 Where a verdict in an action of Trespas shall be an Indictment of Felony 19 The Sherifes returne is no Indictment 20 The yeare day and place necessary in an Indictment 21 An Indictment must be certaine in the matter 22 An Indictment must be certaine in the persons receiued 23 An Indictment vncertaine at what Court 24 Indictment for making of money 25 Indictment of a common theefe Indictment of the Ordinarie 26 The foresaid A. in an Indictment where none is before named 27 Indictment for the killing of a man vnknowne Indictment for the stealing of the goods of a man vnknowne 28 Indictment for the stealing of the goods of a Church or Chappell 29 An Indictment depending vpon an argument or implication 30 In an Indictment furatus est without felonicè or in Rape carnaliter cognouit without rapuit 31 An Indictment before Iustices of Peace 32 An Indictment before the Maior of London vpon sight of the body 33 Indictment of the receit of a Felon as accessarie 34 Indictment of the receit of the goods stolne and of the Felon 35 Indictments void for one purpose will serue for another 36 A prisoner discharged and after retained in prison 37 The difference between an Appeale and Indictment 38 Pleading another time acquit of the same Felony 39 Indictment of the death of a man knowne by two surnames 40 Indicted of the same mans death 41 Indicted in two counties of one offence 42 Arraigned vpon an insufficient Indictment or Appeale 43 Acquit vpon an erronious Appeale 44 Acquit vpon an Appeale brought by one that hath no right 45 Arraigned vpon an Indictment before the parties Appeale be determined 46 Acquit by battaile in an Appeale 47 A Murtherer indicted and arraigned at the Kings suit Another time acquit no plea in an Appeale but in an Indictment 48 No Indictment of Robberie vntill the Appeale bee tried 49 Pleading another time conuict of the same Felony 50 Another time attainted of the same Felony 51 The Kings Pardon obiected against the plea of another time attainted 52 Who is said attainted and who conuict of Felony Mainprise and Baile Fol. 180. 1 In what cases a prisoner is mainpernable in what not 2 The principall in Appeale of death not mainpernable 3 Where the principall let to mainprise 4 Pleading
by the heire it is a good plea to plead 20. H. 6. 47. Kel fol. 120 Fi. Cor. 384 27. Ass p. 25 that he which is dead hath a wife liuing to whom the appeale is giuen or that the plaintife who supposeth himselfe to be heire is not next heire to him that was slaine but that he hath an elder brother or that he is a bastard or to plead that the plaintife in this appeale of death hath surceased his time for that the appeale was not brought within the yeare and day after the death of him who is supposed to be killed or to say 8. H. 4. 18 that he of whose death this appeal is brought is liuing at such a place or to bring the party supposed to bee slaine into the court that he may be séene and knowne to be liuing Fi. Cor. 17 11. H. 4. 14 91 In an appeale of Robbery it is a good plea to plead that the plaintife is his villaine And in appeale of Rape brought by the husband and wife Robbery Rape it is a good plea to plead neuer accoupled in lawfull marriage or to plead villenage in the plaintife In an appeale of Robberie it is no good plea for the defendant to plead in barre Co. lib. 4. 43 2. R. 3. 14 that the appellant brought an action of Trespas against him for the same goods caried away and recouered for the appeale of Robbery is of a higher nature and concerneth the life of a man 92 There be some other pleas in barre in an appeale which bee generall Generall pleas in barre in appeale and will serue for all manner of appeales of Felony Fi. Cor. 32 2 as to plead that the plaintife is attainted of Treason or Felony Or that he is a Monke a Priest not of perfect memorie dumbe deafe a lazar a naturall foole or that he is maymed by another and not by the defendant But if the plaintifes attainder bée but by Outlawrie which is erronious then his attainder is no barre but for the time Fit Vtlarie 47. viz. vntill he hath reuersed the Vtlary S. Approuers 10. 14. 93 It is a good plea in barre in an appeale The plaintife brought another appeale to say that the plaintife at another time brought an appeale of the same felony against the defendant 9. H. 4. 2. 47. Ed. 3. 16. in the which he was Nonsute or made a Retraxit Or that the plaintife did at another time pursue an appeale of the same felony against another who was attainted or acquit at his sute If a man be indicted of Manslaughter and vpon his arraignment he confesseth the felony and prayeth and hath his Clergy If after an appeale of murther be brought against the said offendor Co. li. 4. 40. 45. of the murther of the same man it is a good plea for him to plead that he was at another time conuict of the same felony And the same law is if one bring an appeale of Murther against another and the defendant pleadeth not guilty and is found guilty of manslaughter and hath his Clergy if after he be indicted arraigned of the same offence and he doth plead the former conuiction it is a good plea in barre S. Indictments 47. Fit Cor. 98. 94 It is a good plea in barre in an appeale for the defendant to plead The plaintifs release in barre that the plaintife made vnto him a Release of the same offence for it will not serue to plead a Release made to any other sauing to himselfe though the other to whom the Release is made be named with him in the appeale And in like sort though the plaintife made a Retraxit against one of them this shall not barre him against them both but the appeale shall stand good against the other 95 And when the defendant hath pleaded any of the foresaid pleas Pleading not guilty after other pleas yet in fauor of life the law doth permit him to plead ouer to the felony viz. not guilty and his plea by that means shall not be adiudged double 22. E. 4. 39. vnlesse it be in the case of a release for there he shall not be allowed to plead ouer to the felony because it is contrary to his foresaid plea Neither shall he plead ouer to the felony when the defendant in an appeale of Robbery doth plead Villenage in the plaintife for if hee should plead ouer to the felony the plaintife by that meanes should bée infranchised 28. E. 3. 91. 18. E. 3. 32 But if the Villenage be found against the defendant hee shall haue this plea of not guiltie as well as hee shall haue when he pleadeth any of the foresaid barres without concluding ouer to the felony yet notwithstanding if the barre be fouÌ„d against him he may plead ouer to the felony viz. not guilty sauing in pleading of a release for by that plea he confesseth the felony by implication Where the K. may prosecute an appeale begun by another 96 If the appellant do surcease to prosecute his appeale against the defendant the king may pursue it for the appellant may by seuerall meanes leaue off and omit to prosecute his appeale as by Nonsute Release Retraxit 3. H. 6. Fi. Cor. 3 or a woman by taking a husband during the sute of Appeale and because in all those cases the sute doth cease by the act of the party plaintife therfore in which of them soeuer it doth cease after declaration in the appeale the defeÌ„dant shall not go at liberty but shal be arraigned at the kings sute vpon the same declaration for that it doth appeare by the declaration there is a felony committed and the yeare day and place where and when the said felony was committed and the same is not yet tried and the law will not allow such great offences whereof she taketh notice to be concealed and remaine vnpunished And the same law is if the appellants appeale doe cease by the act of God 21. E. 3. 18. as if the appellant doe die Or if it cease by the act of the Law as if the appellant be hanged Or if the appellant do take the priuiledge of his Clergy Fi. Cor. 369 in which cases the defendant likewise shal be arraigned at the K. sute But in euery arraignment which is to be at the K. sute vpon an appeale begun by an appellant the declaration in the same appeale must be once good and true for if it were neuer good and abated for that cause Fit cor 1â—1 the appellée shall not be arraigned at the kings sute notwithstanding the abatement be after declaration And therefore if the appeale be abated by misnaming of the defendant 4. H. 6. 16 he shall not be arraigned at the kings sute Or if it be abated by misnaming of the plaintife or of the towne or for want of a materiall word And so it is if the defendant in an appeale doe
plead that the plaintife is outlawed 17. Ass p. 26 11. Ass p. 27 18. E. 3. 35 Fi. Cor. 3 or is attainted of Treason or Felony or otherwise is disabled to maintaine an appeale as if a woman doe bring an appeale of the death of her husband and the defendant doth plead that she and her said husband were neuer accoupled in lawfull marriage or that she hath married another husband Or that the appeale was not cōmenced within the yeare day after the offence committed Or that the appellant hath an elder brother liuing to whom the appeale is giuen Fit cor 384 387. not to the plaintife And all those matters which shal be a barre to the plaintife to bring the appeale shall also be a barre to the K. to take any aduātage against the appellée vpō the same appeal for in all these cases it may appeare that the appeale was cōmenced without cause grounded vpon false insufficient matter And the king shall be in no better condition than the appellant for the defendant is arraigned vpon the declaration of the appellant and yet it is otherwise where the Appeale was at the first grounded vpon sufficient and true matter But in all the cases aforesaid though the king can take no aduantage of the Appeale against the defendant yet he may compel him to answer to an indictment of the same felonie for that by these pleas the defendant is not discharged of the felonie though he be discharged of the Appeale S. Approuers 15. 17. 18. 19. No appeale of Treason 97 If an act which was murder felony or other offence by the cōmon law be after made treason by stat then one doth offend in the same no Appeal wil lye against him therefore for that no Appeale will lye of High or Petit Treason And therefore whereas wilfull poysoning was wilfull murder by the common law and after by the stat of 22. H. 8. 9. the same was made high treason and ordained that the offendor therein should be boyled to death which stat was sithence repealed by the stat of 1. Ed. 6. 12. 1. M. yet during the said stat of 22. H. 8. in force the sonne and heire of a man poysoned brought an appeale against a woman for poysoning her husband and because the offence was then high Treason M. 33. H. 8. Dyer 50. and no appeale will lye of Treason the appeale was adiudged not maintanable And yet by the ancient lawes of this realme as Bracton affirmeth the accusor might haue pursued an appeale of high Treason against the defendant or party accused Bracton de coron̄ c. 3 and the defendant might haue thereunto pleaded not guilty and waged battell with the accusor But that Law is sithence altered ⧠Indictments What an Indictment is 1 AN Indictment of Treason Felony Trespas or other offence is an inquisition taken and made by twelue men at the least thereunto sworne whereby they doe find and present that such a person of such a name and sirname dwelling in such a place of such a County and of such a degrée hath committed such a Treason Murther Rape Burglarie Robberie Felony Trespas or other offence at such a place vpon such a day and in such a manner against the Kings peace his Crowne and Dignitie and contrary to the Lawes of this realme and so it is an accusation by the Iury of the offendor and an information of the Court from whence they receiue their charge of his offence and of all such necessary circumstances thereof and in such certaintie that thereupon the same Court may procéed to the triall or arraignement of the party accused if he be present or otherwise may award Proces against him to appeare and to make answere thereunto if he be absent And because this Indictment and accusation doth sometime concerne the life or member of man sometime his liberty sometime his fame and credite sometime his Lands and Tenements and some other time his Goods Cattels Therefore the Law hath a speciall regard that the procéedings therein may be effected with all sinceritie and vpright dealing and doth carry a vigilant and watchfull eye not onely vpon the Iurors which are returned and sworne in those Enquests that they may be men of integritie sufficiencie and indifferencie but also vpon Shirifes and Baylifes of Liberties who haue authoritie to returne the same Iurors for she hath prouided by seuerall Statutes That they shall take no Indictments by Commissions procured at their owne sute but in their Turnes That they shall hold their Turnes St. 28. E. 3. 9 St. 31. E. 3. 14 St. 13. E. 1. 13 St. 1. E. 3. 16 and take Indictments but in conuenient and vsuall times That they shall take Indictments by twelue men at the least and then by Roll indented That they shal take their Indictments by men of good name credit and sufficient of estate St. 1. R. 3. 4 St. 1. E. 4 3. That they shall bring their Indictments and Presentments found and made in their Turnes to the Iustices of Peace of the same Countie that they may award Proces against those that be indicted and set fines vpon them That Iurors impanelled to make inquiries St. 11. H. 4. 9 shall be lawfully returned by shirifes or baylifes of Franchises without the denomination of any other person That Panels returned by the Shirife to make inquiries St. 3. H. 8. 12 St. 3. H. 7. 1 may be reformed by the Iustices and that one Enquest may be impanelled and charged to inquire of concealements of offences made by another Enquest So that the Law hath prouided that Indictments may be found by men of worth and vpon iust causes And as touching Commissions because in times past Shirifes of diuers Counties by vertue of Commissions generall Writs graunted vnto them at their owne sute for their priuat gaine did take diuers Enquests to indict people at their owne pleasures Commissions to shirifes to take indictments and then tooke fines and ransomes of them to their owne vses and after set at liberty the parties and neuer brought the same persons so indicted before the Kings Iustices to be deliuered there according to the forme of Law It was therefore by a Statute made Anno 28. Ed. 3. St. 28. E. 3. 9 ordained That all such Commissions Writs should be from thenceforth repealed and that none such should be at any time after graunted By force of which Statute the Shirife is restrained to make any inquirie by Writ or Commission The shirife may inquire of Felonies But yet by vertue of his office he may at this day make inquirie in his Turne of Felonies obseruing such orders as by the statutes hereafter limitted be expressed St. 9. H. 3. 36 2 Whereas by the statute of Magna Charta it was ordayned That no Shirife or his Baylife shall hold his Turne by Hundreds but twice in the yeare in
47 Arresting vpon doubt of Manslaughter 48 A Iustice of peace his Warrant to arrest a felon 49 Arresting of an offendor and committing him to the Constable 50 Imprisonment vntill he had made an Obligation 51 The seruant not chargeable for the masters offence by imprisonment 52 No imprisonment by force of a Iusticies 53 Imprisonment by force of a warrant vpon a Supplicauit 54 Arresting him that would breake the peace 55 Imprisoning of a seruant that doth assault his master 56 In what cases imprisonment is lawfull and in what not 57 Imprisonment for offences done to the Iustices of the realme 58 What is maiheming 59 How many sorts there bee of maiheming 60 Examination of a maihem by the Iustices or Surgeons 61 Where diuers appeales of maihem for one offence 62 Principall and Accessarie in maihem The iudgement in an appeale of maihem 63 Mainprise in an appeale of maihem 64 Why maihem is supposed to be done feloniously 65 Barres in an appeale of maihem 66 Execution in an appeale of maihem 67 An action of Trespas maintenable after an appeale of maihem 68 The peace preserued and affraies restrained by Iustices of Peace The commission of the peace 69 The cōmission doth chiefely respect the peace Why they be called Iustices of the peace Binding suspected persons to their good behauior 70 A Iustice of Peace may take surety of the peace What the surety of the Peace is Certificat of a Recognisance The surety of good abearing 71 For whom and against whō the surety of Peace is to be graunted 72 Vpon what causes the surety of peace is to be graunted 73 Surety of peace enioined by word or writing 74 The seruing of Proces for the peace A warrant of the peace Who may serue it without writing and who without shewing it and who not Refusing to obey the warrant 75 To which Iustice of Peace the party arrested is to be brought 76 A warrant to find sureties to keepe the peace The party must offer his sureties 77 Surety of Peace doth dye with the king The Iustices authority dyeth with the king 78 The sureties of the Peace must be named 79 Hee that is bound to the Peace must appeare at a day prefixed 80 A Supersedeas for the peace 81 Taking a Recognisance for the keeping of the peace Taking a Recognisance for the good abearing 82 A Release of the suretie of Peace The parties release of the peace The Iustices Release of the Peace 83 Causes of the breach of the Peace or good abearing 84 The Sherife Constable and seuerall other officers be conseruators of the Peace 85 Euery able person when need requireth must be a conseruator of the Peace 86 Menaces Assaults Batteries c. in some cases are punishable in the Starre-chamber Riots Routs vnlawfull and Rebellious Assemblies Fol. 24. 1 The enormity of Riots Statutes ordained to preuent forces or Riots 2 The Court of Star-chamber authority to punish Riots c. 3 What is a Riot 4 What is an vnlawfull assembly 5 What is a Rout. Rout by wearing of armour 6 Lawfull assemblies of three persons or more An assembly lawfully begun doth end riotously 7 Disturbing of Riotors 8 The Iustices and Shirifes c. shall arrest Riotors Recording of a Riot 9 Inquiry of a Riot by the Iustices c. A Precept to the Shirife to returne a Iury to inquire of a Riot The forme of an inquisition of a Riot 10 Certifying of a Riot Trauerse of a Certificat 11 Proces against offendors 12 The forfeiture of Iustices which doe not inquire of Riots 13 A Commission to inquire of the Iustices c. default 14 Vpon the Commission the Coroner shall returne the Iurie What issues shal be returned vpon the Iurors 15 Where the Sherife shall returne the Iury and not the Coroner 16 A Writ directed to inquire of Riots 17 Riots shal be inquired of at the Kings costs 18 The punishment of Riotors 19 Each man shall helpe to represse Riots 20 Baylifes of Franchises Riots in Cities and Townes corporat 21 A Iury to inquire of Riots 22 Maintenance wherby a riot is not found 23 What one Iustice of Peace may do alone in a Riot 24 The Iustices must haue notice of a Riot 25 The parties agreement no discharge of the inquisition of a Riot 26 What power of the Countie the Iustices shall vse to represse Riots 27 The Iustices record of a Riot where no trauerse thereunto 28 The credit of the Iustices Record Certificat of a Riot 29 The proces against Riotors 30 The penalty for not executing of this statute 31 A trauerse to an indictment of Riot 32 Twelue or aboue assembled to change lawes 33 Practising to destroy Parks Ponds Conduits Common or Way Destroying of Deere Conies Douehouses Fish Pulling downe houses burning stackes of corne c. 34 Raising of vnlawfull assemblies by acts or words 35 Relieuing them which bee assembled 36 Vnlawfull assemblies aboue two and vnder twelue The remedy of the party grieued 37 Raising of power to suppresse vnlawfull assemblies 38 A copiholder being required refuseth to serue the king 39 A farmer required refuseth to serue 40 Disclosing a commotion wherein one is moued 41 An able person required refuseth to serue 42 Attendance vpon a Lieutenant 43 The forme of the Proclamation 44 Hinderance of the Proclamation 45 Other mens rights saued 46 Procuring others to offend 47 Vnlawfull assemblies by xl or aboue 48 A Lieutenant shall not appoint a deputie 49 Aiding of the offendor before the offence 50 The attainder of those offences no corruption of blood Force and Forcible Entries Fol. 34. 1 Vnlawfull force is an enemie to peace There shall be no forcible entry into lands 2 The penalty of forcible entry into lands or benefices 3 Holding possession by force Feoffement of lands for maintenance An Assise or action of Trespas against a disseisor by force The authority of officers in Cities and Towns enfranchised touching force 4 A speciall Assise against a disseisor with force 5 Seuerall remedies for seuerall offences by force 6 A Precept to the Sherife to impanell a Iury. The Shirifes forfeiture for not due executing of a Precept The proces against offendors in force 7 The forme of a Precept to the shirife to impanell a Iury. 8 The forme of an inquisition of forcible entry 9 A warrant to the Shirife to make restitution 10 Restitution awarded out of the Kings bench 11 No restitution but where forces is found by inquisition 12 Where no restitution against three yeares possession Where restitution notwithstanding three yeares possession 13 A Supersedeas to stay restitution 14 Where force found and yet no restitution 15 A Mittimus to send to the Gaole such as doe hold land by force 16 A Iustice may enquire of Forcible Entries without complaint 17 In an action of forcible entry the writ must be Vi armis 18 Who may bring an action of Forcible entry 19 He that hath title entereth by force 20 Hee that
hath possession sueth a Writ of Forcible Entry 21 Forcible entry of a Rent or Common 22 Forcible entry to the vse of another Forcible detaining by words onely 23 Iointenants or Tenants in common expelling each other by force 24 Who may bring a Writ of Entry vpon the Statute of 5. Richard 2. 25 Turning a water-course by force 26 The plea of not guiltie in Forcible entry The finding of the speciall matter doth charge or discharge the defendant of force Presentment of Forcible entry 27 One action for entring and detaining with force 28 A writ vpon the Statute of North-hampton 29 What shal be said to be force Force by number of seruants Force by number of weapons 30 Who may make a Forcible entry 31 What force is lawfull to the persons of men 32 Where the house of a man may be broken by force where not 33 A particular person may defend himselfe and his by force 34 The Writ of Vi laica remouenda 35 Where force shal be remoued for the K. Incumbent where not Forgerie Fol. 43. 1 Forgerie Periurie and Maintenance doe tend to the breach of the Peace 2 The enormitie of Forgerie A repeale of former Statutes of Forgerie 3 Forging of deeds whereby anothers landes shall bee troubled 4 Forging a deed whereby a lease or annuity may be claimed 5 Seuerall remedies against a forger 6 A forger not twice punished for one offence 7 The plaintifes release of forgerie shall only discharge his own remedy 8 The punishment for the second offence of forgery 9 The Iustices of Assise shall heare and determine forgery 10 Forging of deedes before the statute of 5. El. Pleading of a forged deed made before the said statute 11 Persons not chargeable of forgerie by the said stat of 5. El. 12 Forging of a customarie booke 13 The proces to leuie costes and damages of a forger 14 The kings pardon of forgerie 15 Forging of a Testament 16 Inserting more in a wil then is directed 17 Pleas in barre of forgerie 18 Where one shall haue an action of Forgery though he hath but a right to the land 19 Where no title to land lease c. no action of forgery 20 Forging of a deed touching iointenants lands 21 One sealeth a deed by anothers commaundement 22 One forgeth a deed and another doth publish it 23 Forgery by antedating of a deed 24 Getting of other mens goods by forged letters or tokens 25 Suspected persons of that kind of forgerie called before the Iustices 26 Forging of a Testimoniall Periurie Subornation Fol. 48. 1 Truth is to be tried by the oathes of men The credit of an oath 2 What sorts of persons are to be deposed and what not 3 All the parties to the execution of iustice sworne Causes of suspition in Sherifes in impanelling of Iurors 4 Euery Iuror ought to be an honest and lawfull man Challenges of Iurors suspected 5 A witnesse cannot be a Iuror 6 Periury suspected by deliuery of his verdict before hand 7 Periury suspected by lying at the charge of one of the parties 8 Periury suspected by beeing an arbitrator in the cause in question 9 Periury suspected by combination 10 Periury suspected if one of the parties and a Iuror bee in suit of law 11 Periury suspected for that the Iuror passed against him before 12 Periurie suspected in respect of subiection or gouernement 13 Periurie suspected in respect of alliance kinred or profit One godfather to the others child 14 Periury suspected in respect of ignorance of the cause Want of Hundredors Want of the View 15 Periurie suspected in respect of the pouertie of the Iurors 16 The iudgement in an Attaint at the common law against a Iury proued periured 17 The iudgement in an Attaint in London An Attaint where the thing in question amounteth to 40. poūds and where not 18 The meaning to commit Periurie punished Decies tantum Embraceors 19 The punishment of Periurie committed by an Enquest in Wales 20 Periury committed by witnesses A witnesse vpon proces serued shall appeare 21 The penalty for procuring of vnlawfull Periury 22 The penalty for committing of wilfull Periury 23 In what Courts Periurie shal be punished 24 Proclamation of the statute of Periury 25 Periury punished in the spirituall Court 26 Periurie punished in the Starre-chamber 27 Periurie punished in Bankrupts Periury committed by witnesses for Bankrupts 28 Periury committed vpon an indictment of Riot Periury vpon an indictment of Felony 29 Periury in prouing a Suggestion for a prohibition 30 A suit vpon Periury in the Chauncerie 31 Where Periury shall be punished in the temporall court and where in the spirituall Maintenance Champertie Embracerie and buying of Titles Fol. 56. 1 What Maintenance is and the enormitie thereof 2 Maintenance by men of authority 3 Maintenance by combination Maintenance by Noblemens officers 4 Maintenance by champerty Who be champertors Pleaders may giue counsell for their fees The punishmēt of champertors 5 What is Champerty and what not 6 Maintenance by Embracery Maintenance by Iurors The penalty of maintenance in Iurors and Embraceors 7 Maintenance punished by the writ of Decies tantum 8 Maintenance by Ambidexter 9 Maintenance of suits in law and the penalties thereof 10 Maintenance by buying of pretenced Titles 11 What is selling of a pretenced Title What is a pretenced Title 12 Maintenance by giuing of liueries and retaining of seruants or officers 13 The publishing inquiring of and punishment of Maintenance 14 Why the pursuing of maintenance is left out of the statute of 18. Eliz. 15 Assurances to haue maintenance void Lands gotten by force assured to haue maintenance 16 What maintenance is punishable and what iustifiable 17 It is no maintenance in a Iuror for giuing of his verdict Maintenance in a Iuror by suing for iudgement 18 What is Maintenance in a Iuror and what not 19 Maintenance by speaking of words Maintenance by comming to the barre with one of the parties 20 Maintenance by giuing of money to labour a Iury. 21 What is maintenance in witnesses and what not 22 Maintenance by procuring of an Indictment 23 What is maintenance in a Mainpernor 24 Maintenance in respect of his interest in the land Maintenance in respect of his possibility to haue the land Maintenance in respect of his warranty 25 Maintenance in respect of his rent A Lord may maintaine his tenant 26 Maintenance in respect of his debt 27 Maintenance in respect of his title to goods Maintenance by detaining of a writing deliuered in trust 28 Maintenance in respect of his ioint estate with others Maintenance by all the inhabitants of a parish 29 Maintenance of the poore in their suits Clerkes Counsellours and Atturneyes assigned to aid the poore 30 Maintenance in respect of kinred or alliance Vnlawfull maintenance is continuall during that suit Maintenance in respect of Gossiprie 31 Maintenance in respect the party could not speake English 32 Maintenance in a professor of the Law 33 Maintenance by an Atturney 34