decorative border
VIRTVTE
DOCTRINA
PARIT
DE
PACE
REGIS
ET
REGNI
.
viz.
A
Treatise
declaring
which
be
the
great
and
generall
Offences
of
the
Realme
,
and
the
chiefe
impediments
of
the
peace
of
the
King
and
the
Kingdome
,
as
Menaces
,
Assaults
,
Batteries
,
Treasons
,
Homicides
,
and
Felonies
,
Ryots
,
Routs
,
Vnlawfull
assemblies
,
Forcible
entries
,
Forgeries
,
Periuries
,
Maintenance
,
Deceit
,
Extortion
,
Oppression
:
And
how
many
and
what
sorts
of
them
there
be
,
and
by
whome
,
and
what
means
the
sayd
Offences
,
and
the
Offendors
therein
are
to
bee
restrained
,
repressed
,
or
punished
.
Which
being
reformed
or
duly
checked
,
Florebit
pax
Regis
&
Regni
.
Collected
out
of
the
Reports
of
the
Common
Lawes
of
this
Realme
,
and
of
the
Statutes
in
force
,
and
out
of
the
painfull
workes
of
the
Reuerend
Iudges
Sir
Anthonie
Fitzharbert
,
Sir
Robert
Brooke
,
Sir
William
Stanford
,
Sir
Iames
Dyer
,
Sir
Edward
Coke
,
Knights
,
and
other
learned
Writers
of
our
Lawes
,
By
FERDINANDO
PVLRON
of
Lincolnes
Inne
,
Esquier
.
LONDON
,
Printed
for
the
Companie
of
Stationers
.
An.
Dom.
1609.
Cum
Priuilegio
.
The
Preface
to
the
Reader
.
SEeing
wee
all
haue
receiued
,
and
allow
it
for
truth
,
That
the
ignorance
of
the
Law
doth
excuse
none
of
offence
;
and
also
,
That
the
Law
doth
helpe
the
watchfull
,
and
not
the
slothfull
man
:
therefore
it
behoueth
each
person
,
first
to
seeke
the
knowledge
of
those
Lawes
vnder
which
he
doth
liue
,
and
whereby
he
is
to
receiue
benefit
,
or
to
sustaine
perill
,
and
next
,
with
al
industry
to
frame
his
obedience
vnto
them
,
or
humbly
to
submit
himselfe
to
the
censure
of
them
.
And
though
wee
find
by
experience
,
that
some
men
by
the
sluggishnesse
of
their
natures
,
others
by
the
carelesnesse
of
their
owne
welfares
,
and
a
third
sort
wholly
giuen
ouer
to
pleasures
and
vanities
,
do
little
respect
to
know
,
and
lesse
to
obey
our
criminall
&
capitall
Laws
,
being
things
of
great
moment
and
importance
,
and
therfore
doe
ofttimes
tast
the
smart
of
them
,
and
repent
their
follies
when
it
is
too
late
:
Notwithstanding
,
for
that
there
be
many
others
which
do
endeuour
to
read
them
,
and
imploy
their
industrie
to
conceiue
them
;
some
for
the
increase
of
their
knowledge
,
others
,
in
their
actions
to
be
directed
by
them
,
and
many
for
the
eschewing
of
the
penalties
of
them
,
&
yet
do
not
wholly
addict
themselues
to
the
studie
of
the
Law
:
therefore
,
as
neere
as
I
can
,
to
satisfie
the
desires
,
and
to
giue
contentment
to
al
the
persons
aforesaid
,
I
haue
done
my
endeuor
in
this
Treatise
,
to
lay
open
to
all
them
that
are
willing
to
read
,
and
thereby
to
know
,
which
be
the
offences
that
the
Law
doth
in
generall
tearmes
condemne
,
and
do
most
tend
to
the
breach
or
blemish
of
the
peace
of
the
Realme
,
and
to
the
dislike
of
all
the
good
members
thereof
,
and
what
punishments
she
hath
imposed
vpon
the
transgressors
therein
,
and
by
whom
,
&
in
what
maner
to
be
inflicted
.
If
one
man
do
pretend
title
vnto
,
&
sue
to
recouer
any
land
,
lease
,
or
goods
of
anothers
,
all
strangers
stand
indifferent
,
and
meddle
no
further
,
but
onely
wish
well
to
him
that
hath
the
best
title
,
&
desire
that
iustice
may
be
done
,
and
right
may
preuaile
:
but
if
a
Treason
,
Murder
,
Burglarie
,
Robberie
,
Theft
,
notorious
Riot
,
Forgerie
,
Periurie
,
Extortion
,
or
Oppression
be
committed
,
then
each
man
in
conceit
maketh
it
his
owne
case
,
&
doth
in
a
sort
take
it
to
bee
done
to
himselfe
;
and
all
persons
generally
do
find
fault
with
the
transgressors
therein
,
they
exclaime
of
them
,
condemne
them
,
&
in
their
hearts
cry
Crucifige
vpon
them
.
And
therefore
the
crimes
aforesaid
,
&
such
like
,
may
bee
tearmed
generall
offences
,
partly
,
for
that
they
do
redownd
to
the
generall
dislike
of
all
the
good
members
of
the
realm
;
and
partly
for
that
they
tend
to
the
breach
or
blemish
of
the
peace
,
being
a
thing
generally
imbraced
or
wished
for
,
&
which
the
king
&
all
his
good
subiects
are
bound
,
and
in
a
sort
haue
vndertaken
to
maintaine
:
and
therefore
as
the
king
hath
an
interest
in
them
,
or
iurisdiction
ouer
them
all
,
to
punish
the
offendors
in
them
,
as
transgressors
of
his
lawes
,
and
disquieters
of
his
peace
,
and
people
,
so
hath
euery
other
well
gouerned
member
of
the
Commonweale
,
a
care
and
regard
of
them
,
foreseeing
that
he
may
receiue
the
like
wrong
,
and
tast
the
same
abuse
,
by
the
said
,
or
other
such
malefactors
meanes
;
and
for
that
cause
doth
proclaime
open
warre
against
them
,
and
is
as
desirous
to
root
them
out
,
as
the
husbandman
his
thistles
out
of
his
good
corne
,
or
the
gardner
his
nettles
from
his
sweet
flowers
.
Wherefore
,
seeing
a
guiltie
person
in
any
of
the
crimes
aforesaid
,
is
persecuted
,
in
deed
,
or
consent
,
by
all
wishing
well
to
the
Weale-publique
,
or
their
owne
priuat
estates
:
it
is
requisit
that
good
men
which
eschew
to
offend
for
the
loue
of
vertue
;
and
euill
men
,
which
feare
to
offend
for
the
dread
of
punishment
,
should
both
know
those
lawes
which
they
are
to
make
vse
of
,
and
the
penalties
which
be
threatned
to
the
infringers
thereof
,
to
the
intent
that
the
good
man
hauing
a
will
to
stand
,
may
trust
to
his
feet
,
remaine
firme
,
and
continue
his
integritie
;
and
the
euill
minded
man
beginning
to
stagger
,
may
bend
his
endeuour
to
stay
,
and
slide
no
further
.
All
which
by
this
worke
(
good
Reader
)
I
labour
to
performe
,
to
the
intent
,
that
the
well
meaning
man
being
made
the
better
,
and
he
that
before
was
lewdly
disposed
,
the
lesse
hurtfull
,
may
both
at
the
last
meet
and
ioyne
in
seeking
and
furtherance
of
that
peace
which
will
be
comfortable
to
the
King
and
Realme
,
and
pleasing
both
to
God
and
man
.
The
question
may
be
asked
me
,
Wherefore
I
intitle
my
Booke
,
De
pace
Regis
&
Regni
,
and
yet
do
chiefly
make
mention
therein
,
of
those
crimes
which
doe
most
disturbe
the
peace
of
the
King
and
the
kingdome
,
and
so
make
the
Booke
and
the
title
as
it
were
oppositum
in
subiecto
?
Whereunto
I
answer
,
That
the
peace
whereof
I
do
write
,
is
not
obtained
by
the
said
offences
committed
,
but
by
the
lawes
that
do
punish
or
restraine
them
,
which
lawes
also
I
haue
set
downe
at
large
in
this
Treatise
,
being
the
principall
marke
that
I
desire
the
Reader
to
behold
:
As
,
many
Physitians
haue
written
large
volumes
of
seuerall
infirmities
in
mans
bodie
,
and
then
expressed
which
bee
the
Medicines
to
cure
them
;
not
to
the
intent
to
allure
the
Reader
to
seeke
the
disease
,
but
how
to
preuent
it
before
he
hath
it
;
or
how
to
be
rid
of
it
when
he
hath
taken
it
.
And
seuerall
Diuines
haue
composed
whole
Tomes
,
of
Pride
,
Malice
,
Couetousnesse
,
and
such
like
offences
,
not
to
the
intent
to
intice
the
fraile
man
to
fall
into
them
,
but
to
shew
the
enormities
of
them
,
how
grieuous
they
bee
in
Gods
sight
,
and
how
hee
hath
threatned
deepely
to
plague
the
offendors
therein
,
to
the
end
they
might
dehort
and
discourage
transgressors
from
them
,
and
might
allure
and
winne
them
to
humilitie
,
forgiuenesse
,
patience
,
charitie
,
repentance
,
and
other
vertues
.
And
so
I
name
my
Booke
of
the
quiet
euent
,
and
not
of
the
persecuting
cause
;
of
the
patient
cured
,
and
not
diseased
;
of
the
sinner
reclaimed
,
and
not
persisting
in
vice
;
of
that
peace
which
I
would
haue
,
and
wish
might
flourish
,
and
not
of
those
Lawes
that
by
awe
do
worke
it
.
For
these
Lawes
whereof
I
doe
write
,
and
some
others
,
How
the
Lawes
doe
preserue
the
peace
of
the
King
.
doe
preserue
the
peace
of
the
King
,
in
that
they
doe
assure
vs
who
is
our
King
,
doe
settle
and
continue
the
Crowne
on
his
head
,
do
put
the
Sword
and
Scepter
in
his
hand
,
doe
attribute
to
him
seuerall
Regall
Titles
,
Honours
,
and
Prerogatiues
,
doe
bind
his
Subiects
to
performe
all
loyaltie
,
duetie
,
and
obedience
vnto
him
,
and
lay
heauie
punishments
vpon
the
withstanders
or
deniers
thereof
.
These
Lawes
bee
as
his
Priuie
Counsellours
,
incessantly
respecting
the
preseruation
of
his
person
,
peace
,
Crowne
,
and
dignitie
:
These
be
as
his
Gentlemen
Pentioners
,
attending
daily
in
his
presence
,
to
do
him
all
princely
honor
and
seruice
:
These
bee
as
the
Yeomen
of
his
guard
,
waiting
day
and
night
to
protect
his
person
in
peace
,
from
all
forcible
assaults
,
and
other
perils
:
These
bee
as
his
great
and
goodly
Shippes
,
which
lye
houering
on
the
Seas
,
and
his
strong
castles
and
forts
of
defence
,
which
stand
firmly
vpon
the
land
,
wherewith
he
doth
preuent
forrein
hostilitie
,
represse
inward
tumults
,
and
so
keep
himself
and
his
people
in
peace
:
These
be
as
the
Iudges
,
Iustices
,
Sherifes
,
Constables
,
and
other
Officers
,
watching
euerie
houre
and
moment
in
all
the
Shires
,
places
,
corners
,
and
creekes
of
the
Realme
,
to
represse
outrages
,
and
to
maintain
his
peace
:
And
lastly
,
these
be
to
him
as
his
mynt
,
by
which
he
doth
coyn
gold
and
siluer
to
defend
himselfe
and
his
people
in
the
time
of
warre
,
and
to
support
his
honour
and
royall
estate
in
the
time
of
peace
.
How
the
Lawes
doe
preserue
euerie
person
in
peace
.
And
also
by
the
protection
of
these
Lawes
euerie
good
member
of
the
whole
kingdome
doth
receiue
the
like
benefit
of
peace
:
for
in
feare
of
them
each
person
doth
enioy
his
life
and
limmes
in
peace
,
and
is
defended
from
the
bloudie
minded
murderer
,
and
manqueller
,
and
the
rage
of
the
furious
quareller
and
fighter
:
And
in
feare
of
them
the
housekeeper
resteth
in
peace
,
with
his
wife
and
family
vnder
his
owne
roof
,
without
being
assaulted
by
burglers
:
And
in
feare
of
them
the
traueller
iournieth
in
peace
from
one
country
to
another
,
without
being
spoiled
by
robbers
:
And
in
feare
of
them
the
Grasiers
cattell
do
feed
quietly
in
his
pasture
,
without
being
stolne
by
theeues
.
The
terrour
of
the
Lawes
do
ofttimes
restraine
cholericke
or
contentious
spirits
from
Batteries
,
Riots
,
Routs
,
Forcible
entries
,
and
other
outrages
;
and
couetous
and
greedy
persons
,
from
practising
or
procuring
of
forgeries
;
and
godlesse
and
irreligious
people
,
from
persuading
or
committing
of
periuries
;
and
false
and
guilefull
persons
,
from
putting
in
vre
of
frauds
and
deceits
;
and
impudent
and
shamelesse
men
,
to
wrest
from
others
by
briberie
,
extortion
,
or
oppression
.
And
diuers
there
be
,
who
neither
by
the
lawes
of
God
,
of
nature
,
or
reason
,
will
be
bridled
and
reduced
to
vertue
,
yet
by
the
penalties
&
feare
of
some
of
our
capital
and
criminal
laws
,
do
yeeld
to
be
curbed
,
&
refrain
from
the
practise
of
their
vicious
liues
,
of
whom
the
saying
of
the
Poet
may
be
verified
,
Oderunt
peccare
mali
formidine
poenae
.
And
so
I
may
truly
verifie
,
that
the
Lawes
whereof
I
do
write
,
be
the
meanes
of
the
peace
of
the
K.
and
the
kingdom
:
And
so
long
as
the
offences
in
this
Treatise
specified
shall
be
reformed
,
or
duely
checked
by
these
Lawes
,
Florebit
pax
Regis
&
Regni
.
But
though
peace
be
mine
end
,
and
peace
the
marke
that
I
roue
at
,
yet
there
be
some
that
thinke
,
that
the
diuulging
of
our
criminall
and
capitall
Laws
,
in
our
mother
tongue
,
will
not
be
a
meane
of
that
peace
which
I
do
so
much
ayme
at
,
for
that
,
as
they
surmise
,
the
same
Lawes
may
then
be
misconstrued
by
euerie
ignorant
and
vnlearned
person
,
that
can
read
English
,
and
the
sence
and
meaning
thereof
may
be
mistaken
,
the
reader
himselfe
may
be
led
into
errour
,
and
others
may
be
misinformed
by
his
imbecilitie
of
iudgement
,
seeing
the
same
reader
is
able
only
to
looke
into
the
letter
of
the
law
,
and
not
to
discerne
of
the
intent
of
the
makers
,
or
of
the
true
sence
thereof
:
And
do
alledge
for
their
reason
,
the
same
that
was
obiected
at
the
making
of
the
Statute
of
Ann̄
34.
H.
8.
St.
34.
H.
8.
ordained
for
the
restraint
of
seuerall
persons
to
read
the
Scriptures
in
the
English
tongue
,
for
feare
of
raising
of
heresies
and
schismes
in
Gods
church
,
surmising
then
,
that
ignorance
was
the
mother
of
deuotion
,
as
these
men
now
would
make
her
of
obedience
:
But
if
the
same
parties
will
looke
backe
,
they
shall
find
the
said
Statute
repealed
,
St.
1.
E.
6.
12
and
by
the
learning
and
practise
of
the
former
,
&
our
present
age
,
the
reason
aforesaid
refelled
.
Men
may
not
surcease
to
read
the
Scriptures
,
because
the
diuell
misconstruing
the
Psalme
,
Psal.
90.
Math.
4.
would
haue
persuaded
thereby
Iesus
Christ
the
sonne
of
God
,
to
cast
himselfe
downe
headlong
from
the
pynacle
of
the
Temple
:
Nor
for
that
the
Saduces
being
deceiued
in
a
place
of
Deutronomie
,
Deut.
25.
Math
22.
would
haue
inferred
by
the
woman
which
maried
seuen
brethren
,
that
there
is
no
resurrection
of
the
dead
:
Nor
for
that
S.
Paul
in
his
Epistles
did
write
certaine
obscure
things
to
be
vnderstood
,
2.
Pet.
3.
which
vnlearned
and
vnconstant
men
depraued
as
they
did
other
Scriptures
,
to
their
owne
destruction
:
For
this
deprauing
,
misconstruing
,
or
wresting
of
the
lawes
of
God
,
or
man
,
out
of
their
true
meaning
,
&
proper
sence
,
doth
conuince
the
reader
of
ignorance
,
pride
,
selfe
loue
,
or
folly
,
and
doth
nothing
impeach
the
credit
of
the
same
laws
,
nor
the
necessitie
or
conueniencie
of
them
,
nor
the
considerat
iudgement
of
the
law-makers
.
We
perceiue
by
the
questions
,
demurrers
,
&
arguments
,
which
oft
do
arise
amongst
the
reuerent
Iudges
,
and
learned
men
in
the
lawes
of
our
Realme
,
touching
the
construction
and
true
meaning
of
diuers
of
our
Statutes
and
common
lawes
,
that
the
old
Prouerbe
is
true
,
Nemo
nascitur
artifex
,
viz.
No
man
is
borne
vnto
,
or
at
the
first
can
obtaine
the
perfect
vnderstanding
of
any
learning
,
science
,
or
art
whatsoeuer
,
but
euerie
person
beginneth
in
ignorance
,
&
then
increaseth
in
knowledge
by
little
&
little
,
according
to
his
capacitie
and
diligence
:
For
,
as
the
Pomander
doth
giue
a
pleasant
sauour
only
when
it
is
rubbed
,
and
the
flint
doth
yeeld
fire
onely
when
it
is
beaten
;
so
knowledge
in
all
lawes
and
other
learnings
,
is
obtained
onely
by
much
studie
,
due
consideration
,
&
deep
digestion
thereof
,
as
an
hole
is
made
in
the
hard
stone
,
by
the
often
dropping
of
the
soft
and
liquid
water
.
And
therfore
,
if
the
busie
searcher
of
other
mens
knowledge
,
and
carper
at
their
ignorance
,
will
with
the
eyes
of
his
mind
looke
into
the
old
and
new
Testament
,
and
euery
booke
,
place
,
and
particle
thereof
,
and
into
the
workes
of
euerie
Rabbie
,
Counsell
,
Father
,
Doctor
,
and
other
Expositor
of
the
same
,
thereby
to
learne
which
parts
of
the
said
Testament
be
written
Hystorically
,
which
prophetically
,
which
metaphorically
,
which
hyperbolically
,
and
which
literally
,
and
how
euery
of
them
are
to
be
construed
&
taken
:
and
into
al
the
books
of
controuersies
in
religion
,
which
haue
bin
written
in
all
former
ages
,
and
this
our
present
time
,
and
all
the
reasons
produced
for
the
maintenance
of
each
seuerall
persons
opinion
,
and
then
will
bend
his
care
vpon
the
church
of
God
,
and
learne
by
the
report
of
the
Ecclesiasticall
Hystoriographers
,
related
from
the
first
creation
of
man
vntill
this
day
,
when
,
where
,
by
whom
,
&
whose
meanes
she
hath
flourished
and
increased
,
and
again
,
when
,
where
,
&
by
what
meanes
she
hath
bin
obscured
and
blemished
:
And
also
will
haue
respect
to
the
Cosmographers
and
Chroniclers
of
the
seuerall
kingdomes
and
prouinces
of
the
world
,
who
did
describe
the
scituation
of
them
,
the
nature
and
disposition
of
the
people
of
each
countrey
,
their
forme
of
gouernment
,
their
seuerall
laws
and
customes
,
the
fertilitie
and
barrennesse
of
their
soyls
,
and
how
in
times
they
haue
flourished
and
decayed
:
And
further
,
will
reuolue
in
his
mind
the
hundreds
of
volumes
which
haue
bin
written
of
the
Common
and
Ciuile
Lawes
,
and
of
the
rites
of
other
kingdomes
,
nations
,
and
cities
:
And
also
will
take
notice
of
the
infinit
number
of
singular
men
,
which
in
seuerall
ages
haue
written
learnedly
and
profoundly
,
of
Grammer
,
Logicke
,
Rhetorick
,
Philosophy
,
Physick
,
Arithmetick
,
Geometry
,
Musicke
,
and
Astronomie
,
and
published
to
all
posteritie
the
seuerall
grounds
,
principles
,
and
maximes
of
euerie
of
them
:
And
moreouer
,
will
diligently
hearken
vnto
the
number
of
volumes
collected
in
seuerall
ages
,
of
the
procreation
,
nature
,
and
course
of
life
,
of
all
the
beasts
of
the
field
,
the
wormes
of
the
earth
,
the
fowles
of
the
ayre
,
and
the
fishes
of
the
sea
:
and
of
the
beginning
,
increase
,
&
vertue
of
all
trees
,
hearbs
,
roots
,
plants
,
&
things
vegetatiue
:
and
of
the
operation
of
all
stones
,
mynes
,
quarreyes
,
metals
,
and
other
things
which
grow
vpon
the
face
of
the
earth
,
or
lye
hidden
in
the
ground
:
And
further
,
will
take
a
view
in
his
memorie
of
the
millions
of
bookes
which
haue
been
written
in
the
Syriake
,
Chaldie
,
Hebrew
,
Greeke
,
and
Latin
tongues
,
for
the
increase
of
all
sorts
of
learning
and
knowledge
:
And
lastly
,
will
giue
his
heart
leaue
to
thinke
of
the
huge
multitude
of
Treatises
,
which
haue
beene
composed
in
verse
,
mytre
and
rime
,
in
a
sweet
and
harmonicall
tune
:
and
then
if
the
same
curious
carper
at
other
mens
ignorance
,
after
his
said
due
consideration
had
of
all
the
writings
and
writers
aforesaid
,
and
of
their
seuerall
deepe
wisedoms
,
knowledges
,
and
vnderstandings
in
the
arts
,
sciences
,
and
things
aforesaid
,
and
how
necessary
,
beneficiall
,
or
comfortable
they
be
to
man
,
will
returne
home
againe
,
and
looke
into
his
owne
breast
and
bosome
,
and
examine
himselfe
seriously
what
he
doth
lacke
of
all
the
artes
and
sciences
aforesaid
,
and
also
how
farre
from
perfection
he
is
in
his
owne
profession
,
I
doubt
not
but
whatsoeuer
before
he
thought
of
himselfe
,
he
wil
now
find
that
he
hath
but
a
small
drop
,
sparke
or
particle
of
learning
or
knowledge
,
in
respect
of
that
he
wanteth
,
and
which
hee
may
perceiue
to
haue
beene
in
some
others
,
and
that
hee
hath
no
cause
to
maligne
the
ignorance
of
others
,
but
rather
to
pitie
his
owne
,
and
to
say
with
the
old
Philosopher
,
Hoc
solum
scio
quod
nihil
scio
.
Cratippus
.
Many
wholly
deuoted
to
their
owne
opinions
,
do
desire
to
maintaine
Paradoxes
,
&
to
strain
all
their
wits
to
defend
them
,
though
their
assertions
seeme
neuer
so
improbable
,
and
their
arguments
neuer
so
weak
to
others
:
as
appeareth
by
Rodolphus
Agricola
,
who
did
write
a
book
De
vanitate
scientiarum
,
which
the
whole
wisdome
of
the
world
in
all
ages
hath
so
much
admired
and
honoured
:
and
by
Erasmus
Roterodamus
,
who
compiled
a
Treatise
Of
the
prayse
of
folly
,
attempting
therein
,
to
proue
by
a
farre
fetched
argument
,
that
the
folly
of
man
and
woman
together
,
is
the
onely
cause
of
the
propagation
and
continuance
of
mankind
vpon
the
face
of
the
earth
,
and
that
the
fault
and
folly
of
Adam
in
eating
of
the
forbidden
apple
,
contrarie
to
Gods
commaundement
,
being
the
breach
of
the
peace
betweene
God
and
man
,
was
the
cause
that
moued
Iesus
Christ
the
son
of
God
,
to
descend
from
the
bosome
of
his
father
,
to
take
flesh
of
the
blessed
virgin
Marie
,
to
suffer
his
passion
for
the
sinnes
of
man
,
and
so
to
renew
peace
betweene
God
and
man
.
And
therefore
we
must
not
insist
vpon
the
priuat
conceits
,
or
particular
phantasies
of
a
few
opinatiue
persons
,
but
shall
do
well
rather
to
obserue
what
care
our
fathers
from
one
age
to
another
,
did
take
,
and
what
ordinances
they
established
in
Parliament
,
that
seuerall
penall
,
criminall
,
and
capitall
lawes
and
statutes
should
be
read
or
proclaimed
in
Churches
,
St.
25.
E.
1.
3
St.
7.
R.
2.
6
St.
33.
H.
8.
9.
St.
5.
El.
1.
in
Faires
,
in
Markets
,
at
the
generall
Assises
,
and
Quarter
Sessions
of
euerie
countie
,
at
Leets
,
and
Lawdayes
,
and
in
the
Halls
of
euerie
Inne
of
Court
,
and
Chauncerie
,
and
how
the
same
is
continued
,
and
duely
put
in
practise
at
this
day
,
to
the
intent
that
the
same
lawes
,
and
the
penalties
thereof
,
should
be
heard
,
learned
,
knowne
,
and
vnderstood
by
all
sorts
of
persons
willing
to
perceiue
and
apprehend
the
same
.
But
if
there
be
any
,
who
persuading
themselues
that
they
doe
search
further
into
the
bowels
of
reason
or
experience
,
than
all
our
foresaid
law-makers
and
others
haue
done
,
and
will
by
disputes
encounter
the
publishing
or
reading
of
our
foresaid
lawes
in
the
English
tongue
,
I
must
and
will
patiently
content
my selfe
,
suffer
them
to
affirme
what
they
please
,
and
say
with
mine
old
Schoolemaster
Cato
,
Arbitrij
nostri
non
est
quid
quisque
loquatur
.
OF
MENACES
,
ASsaults
,
Batteries
,
Imprisonments
,
Maihems
.
1VNdertaking
to
write
of
the
peace
of
the
King
,
and
the
Kingdome
,
and
the
chiefe
impediments
thereof
,
and
to
declare
which
be
the
great
and
generall
offences
of
the
Realme
,
I
haue
thought
it
good
to
begin
with
the
verie
root
and
principall
cause
of
the
same
,
which
are
menaces
,
threatnings
,
and
other
bitter
wordes
,
beeing
as
streames
gushing
out
of
contentious
spirits
,
and
venimous
tongues
,
The
euill
fruits
of
menaces
.
their
naturall
fountaines
and
spring
heads
,
from
whence
doe
ensue
sometimes
assaults
,
batteries
,
riots
,
routs
,
vnlawfull
assemblies
,
forces
,
and
forcible
entries
;
some
other
times
forgeries
,
periuries
,
and
oppressions
;
and
ofttimes
maihems
,
manslaughters
,
and
murders
.
And
therefore
king
Dauid
,
hauing
felt
the
sting
of
the
bitter
curses
,
opprobrious
slaunders
,
and
sharpe
menaces
of
king
Saul
,
Shemei
,
Nabol
,
and
others
,
did
verie
aptly
and
effectually
decipher
euill
tongued
persons
by
these
words
:
Psal.
13.
Sepulchrum
patens
est
guttur
eorum
;
linguis
suis
dolose
agebant
,
venenum
aspidum
sub
labijs
eorum
:
Quorum
os
maledictione
&
amaritudine
plenum
est
:
Veloces
pedes
eorum
ad
effundendum
sanguinem
:
Contricio
&
infoelicitas
in
vijs
eorum
,
&
viam
pacis
non
cognouerunt
.
And
againe
,
speaking
in
their
persons
,
Psal.
11.
he
saith
,
Qui
dixerunt
,
linguam
nostram
magnificabimus
,
labia
nostra
a
nobis
sunt
,
quis
noster
dominus
est
?
And
for
that
case
the
same
king
,
well
obseruing
the
sea
of
mischiefes
,
miseries
,
and
calamities
,
which
daily
doe
flow
from
euill
tongues
,
made
his
humble
prayer
vnto
God
,
to
graunt
him
power
to
be
watchfull
of
his
owne
tongue
,
Psal.
140.
saying
,
Pone
custodiam
ori
meo
,
et
ostium
circumstantiae
labijs
meis
.
And
when
he
perceiued
that
God
had
heard
his
prayer
,
Psal.
38.
he
said
ioyfully
,
Dixi
,
custodiam
vias
meas
vt
non
delinquam
in
lingua
mea
,
viz.
I
haue
made
a
full
resolution
,
and
promise
to
my selfe
,
that
I
wil
so
vse
and
gouerne
my
spéech
,
that
I
will
neuer
offend
in
my
tongue
.
And
the
said
king
telleth
vs
plainely
,
that
there
is
no
other
meanes
to
haue
the
comfort
of
this
life
,
Psal.
33.
and
to
enioy
good
daies
in
this
world
,
but
to
restraine
the
tong
from
speaking
of
euill
,
the
lips
from
powring
out
mischiefe
,
and
to
séeke
peace
and
follow
it
.
Prou.
18.
And
his
sonne
,
king
Salomon
,
confirmed
the
same
,
saying
,
Vita
est
mors
in
manibus
linguae
.
And
though
slaunderous
speeches
,
and
menaces
,
be
but
words
,
and
may
be
taken
but
only
as
a
smoke
,
a
breath
,
or
blast
of
wind
and
so
to
vanish
and
be
dispersed
in
the
aire
like
dust
;
yet
experience
doth
teach
vs
,
that
by
the
imbecilitie
of
mans
iudgement
,
and
the
corruptionn
of
his
nature
,
they
be
vsed
as
firebrands
of
priuat
and
open
grudges
,
quarrels
,
conspiracies
,
&
most
other
tragicall
&
turbulent
stratagems
:
and
therby
a
verbis
ad
verbera
peruentum
est
.
And
we
seldome
heare
of
any
the
said
enormities
effected
,
but
they
tooke
their
beginnings
of
menaces
,
threats
,
slanders
,
or
other
euill
words
:
which
offences
growing
by
menaces
,
&
other
spéeches
tending
to
contention
,
and
the
breach
of
the
peace
,
the
whole
bodie
of
this
realm
hauing
déeply
tasted
the
smart
therof
,
&
desirous
to
preuent
the
like
,
by
a
stat.
made
ann
18.
Stat.
18.
E.
3.
E.
3.
did
ordain
,
that
the
K.
Iustices
,
amongst
other
articles
,
shal
be
sworn
,
in
case
any
of
what
estate
or
condition
they
be
come
before
them
in
their
Sessions
with
force
&
armes
,
or
otherwise
,
against
the
peace
,
Sta.
2.
E.
3.
3.
or
against
the
form
of
the
statute
therof
made
,
or
disturbe
execution
of
the
common
law
,
or
to
menace
the
people
that
they
may
not
pursue
the
law
,
they
shall
cause
their
bodies
to
be
arrested
&
put
in
prison
.
Menacers
shal
be
imprisoned
.
And
in
case
they
be
such
,
that
they
cannot
arrest
them
,
the
same
Iustices
shall
certifie
the
K.
of
their
names
,
&
of
their
offence
speedily
,
so
that
he
may
therof
prouide
conuenient
remedie
.
There
is
another
foule
puddle
that
ouzeth
from
the
same
corrupt
gogmire
,
&
distilleth
out
of
a
heart
likewise
infected
with
malice
&
enuie
,
but
is
deuised
and
practised
by
another
mean
than
the
former
,
which
is
by
libelling
,
secret
slandering
,
or
defaming
of
another
:
for
this
priuie
backebiter
doth
not
by
words
impeach
his
aduersarie
in
so
manifest
and
turbulent
maner
,
as
the
cholerick
menacer
in
his
furie
doth
,
but
seeming
to
sit
quietly
in
his
studie
,
he
doth
more
déeply
pinch
him
,
&
infixeth
a
more
durable
wound
into
his
fame
,
&
credit
,
than
the
other
boistrous
fellow
doth
into
his
bodie
,
who
in
a
moment
threatneth
to
do
more
,
than
peraduenture
he
after
is
willing
,
or
dareth
to
performe
in
an
age
.
The
menacer
layeth
open
his
name
,
&
his
grief
,
and
standeth
in
the
face
of
his
enemy
,
&
discouereth
the
corasiue
of
his
mind
,
&
doth
thereby
giue
a
forewarning
to
his
aduersarie
to
prouide
for
,
&
defend
himselfe
:
But
this
secret
canker
the
libeller
,
concealeth
his
name
,
hideth
himselfe
in
a
corner
,
&
priuily
stingeth
him
in
fame
,
reputation
,
&
credit
,
who
then
neither
knoweth
from
whom
,
or
vpon
what
cause
he
receiueth
his
blows
,
nor
yet
hath
means
therin
to
defend
himselfe
.
And
whether
this
libelling
,
Co.
li.
5.125
secret
slandering
or
defaming
,
The
enormities
of
priuie
defaming
and
libelling
.
be
against
a
publike
magistrat
,
or
a
priuat
person
,
yet
it
may
tend
to
the
breach
of
the
peace
,
to
the
raising
of
quarels
,
&
effusion
of
blood
,
&
so
may
be
a
speciall
impediment
of
that
peace
which
all
good
policie
endeuoreth
to
maintaine
.
For
if
it
be
against
a
publike
magistrat
,
it
is
a
great
scandall
&
offence
to
the
king
,
his
chief
magistrats
,
&
the
whole
gouernment
of
the
realm
,
to
assigne
such
an
officer
to
rule
and
gouerne
others
,
who
himselfe
is
void
of
gouernment
,
and
shall
deserue
to
be
impeached
with
such
crimes
as
he
shal
be
taxed
with
,
or
shal
be
imputed
vnto
him
by
such
an
infamous
libell
.
And
if
it
be
but
against
a
priuat
person
,
yet
seeing
that
a
libel
,
or
other
note
of
infamie
,
is
inuented
to
defame
him
,
to
tread
his
honor
&
estimation
in
the
dust
,
to
extirpate
and
root
out
his
reputation
&
credit
from
the
face
of
the
earth
,
to
make
him
a
scorne
to
his
enemies
,
&
to
be
derided
&
despised
by
his
neighbors
,
it
doth
greatly
kindle
the
wrath
of
him
,
&
of
such
as
be
of
his
kindred
,
alliance
,
&
true
friendship
,
&
vrge
them
to
reuenge
:
whereupon
do
ofttimes
ensue
grudges
,
quarels
,
fraies
,
combats
,
&
manslaughters
.
Sometimes
the
malicious
defamor
powreth
out
his
venim
in
writing
,
by
a
scandalous
booke
,
ballad
,
epigram
,
or
rime
,
either
in
mitre
or
prose
:
some
other
times
by
sons
,
scofs
,
iests
,
or
taunts
:
&
diuers
times
by
hanging
of
pictures
of
reproach
,
signs
of
shame
,
or
tokens
of
disgrace
,
néer
the
place
where
the
party
therby
traduced
doth
most
conuerse
:
as
the
picture
of
the
gallowes
,
pillorie
,
cucking
stoole
,
hornes
,
or
other
such
like
.
In
which
cases
the
law
hath
prouided
,
that
the
partie
delinquent
,
when
he
is
found
out
&
discouered
,
shal
be
sharply
punished
:
for
he
may
either
be
indicted
for
the
same
offence
by
the
ordinarie
course
of
the
common
Law
:
Or
else
a
Bill
may
be
exhibited
against
him
in
the
Starre
chamber
,
The
punishment
of
a
secret
Defamor
.
where
he
shal
be
punished
according
to
the
qualitie
of
his
demerits
,
by
fine
&
imprisonment
;
and
if
it
be
an
exorbitant
offence
,
then
by
Pillorie
,
losse
of
his
eares
,
whipping
,
or
&c.
or
the
party
gréeued
may
haue
an
Action
vpon
the
case
against
the
offendor
,
&
recouer
his
damages
.
Lib.
Intr.
fol.
13.
And
in
this
case
it
is
not
material
whether
the
Libel
be
true
or
false
,
or
the
party
scandalized
thereby
be
lyuing
or
dead
,
or
be
of
good
name
,
or
euill
:
for
though
the
libell
be
true
,
&
the
party
defamed
be
euill
,
yet
our
good
Lawes
be
deuised
to
punish
him
,
&
such
like
euill
men
by
a
due
course
of
justice
,
after
his
offence
is
presented
,
inquired
of
,
tried
,
&
proued
to
his
face
before
lawfull
magistrates
thereunto
assigned
,
and
he
is
not
to
be
carped
at
,
accused
,
&
condemned
in
a
corner
behind
his
backe
by
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
Ann
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
Westm
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
Ann
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
Ann
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
magnatum
,
&
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
offendor
&
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
defendant
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
same
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
tending
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
difference
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
of
him
that
was
first
menaced
,
&
then
assaulted
.
Menacing
beginneth
the
quarrell
,
assaulting
doth
increase
it
,
&
battery
accomplisheth
it
:
menacing
laieth
togither
fire
&
coales
in
the
house
of
peace
,
assault
bloweth
it
&
maketh
it
burn
.
And
battery
doth
endeuor
to
consume
the
whole
building
to
the
ground
.
And
therfore
because
some
sorts
of
menacing
,
assaulting
,
&
battery
be
professed
enemies
to
the
peace
wherof
I
do
write
,
I
will
endeuor
plainly
to
expres
which
be
those
menaces
,
&c.
that
the
law
doth
inhibit
,
&
in
what
sort
,
&
by
what
means
she
doth
restrain
,
&
punish
the
offendors
therein
.
3
The
law
hath
alwayes
had
that
speciall
regard
to
the
preseruation
of
the
peace
of
the
Realme
,
and
of
euerie
member
thereof
,
that
she
could
not
endure
,
neither
would
suffer
one
person
so
much
as
to
menace
or
threaten
another
of
life
,
or
member
,
or
of
any
thing
tending
to
the
breach
of
the
peace
:
And
therfore
she
hath
not
only
assigned
in
all
countries
&
places
of
this
realm
,
Sherifes
,
Iustices
of
peace
,
Constables
,
Thirdboroughs
,
and
diuers
other
officers
,
to
be
as
watchmen
,
continually
attending
,
&
bending
their
cares
&
industries
,
to
preserue
the
peace
,
and
to
defend
each
person
from
the
violent
sting
of
menace
,
assault
,
or
batterie
:
but
also
she
hath
giuen
and
prouided
for
him
who
is
only
menaced
,
40.
E.
3.
40.
an
action
of
Trespas
(
as
she
hath
done
for
him
who
is
assaulted
or
beaten
)
wherby
he
shall
recouer
his
damages
:
so
that
the
same
menacing
do
tend
to
the
hurt
of
him
who
was
menaced
,
his
seruant
,
tenant
,
or
any
other
person
,
by
whom
he
liueth
,
or
receiueth
benefit
.
And
therefore
the
plaintife
in
an
action
of
Trespas
of
menace
,
may
declare
,
That
he
is
an
Atturney
,
The
declaration
in
Trespasse
of
Menace
.
and
that
in
respect
of
the
defendants
menace
,
he
durst
not
attend
his
clients
suites
,
from
such
a
day
in
M.
vntill
such
a
day
in
O.
or
that
he
is
a
husbandman
,
and
could
not
attend
or
ouersée
his
husbandrie
:
or
that
he
is
a
bailife
,
or
collector
of
rents
,
and
could
not
in
respect
of
such
menace
,
37.
H.
6.
3.
by
the
space
of
many
monethes
,
attend
his
bailiwick
,
collection
of
rents
,
or
other
businesses
:
or
that
in
regard
of
such
menacing
,
30.
Ass.
p.
14.
he
was
not
able
,
nor
durst
trauell
abroad
,
to
apply
his
trade
,
or
get
his
liuing
,
without
such
force
and
defence
,
as
his
estate
was
not
able
to
maintaine
.
As
the
collector
of
a
fiftéene
brought
an
action
of
trespas
for
the
king
and
himselfe
,
27.
Ass.
p.
14.
against
one
,
and
declared
,
That
the
defendant
did
so
rebuke
him
,
Rebuke
in
Assault
.
that
he
durst
not
tarie
in
the
towne
to
gather
vp
the
fiftéene
,
for
feare
least
the
defendant
would
haue
beaten
him
.
And
though
the
defendant
did
not
beat
him
,
yet
this
rebuke
was
adiudged
an
assault
,
and
the
plaintife
recouered
an
C.
s.
in
damages
.
And
in
like
sort
one
brought
a
bill
of
trespas
in
the
Common
pleas
,
for
the
king
and
himselfe
,
30.
Ass.
p.
14.
and
declared
,
That
whereas
hee
was
comming
towards
the
Common
pleas
,
to
answer
in
a
plea
of
land
,
the
defendant
came
,
and
did
so
beat
,
assault
,
and
menace
him
,
that
hee
durst
not
bring
his
writings
,
or
come
thither
,
without
great
charges
,
in
contempt
of
the
king
,
contrarie
to
his
peace
,
&
to
the
damages
of
the
plaintife
&c.
Whereunto
the
defendant
pleaded
not
guiltie
.
And
the
defendant
was
compelled
to
find
pledges
of
his
good
behauior
,
&
for
the
peace
,
&
that
he
should
not
meddle
with
the
plaintife
,
by
himself
,
nor
by
any
others
,
Fitz.
Trespas
159.
openly
nor
secretly
.
In
an
action
of
Trespas
the
plaintif
declared
,
That
the
defendant
so
menaced
him
in
one
county
,
that
he
could
not
do
his
businesse
in
another
county
:
and
this
was
adiudged
a
good
declaration
,
and
it
was
ordered
,
37.
H.
6.
2.
that
the
issue
shold
be
tried
in
the
county
where
the
menace
was
,
for
there
was
al
the
trespas
committed
,
&
the
other
county
was
put
in
only
to
increase
the
damages
.
Li.
Intr.
592
22.
Ass.
p.
76.
20.
H.
7.
5.
4
And
in
like
sort
,
if
one
man
do
menace
or
threaten
the
seruant
of
another
,
Menacing
a
seruant
,
whereby
he
departeth
,
of
life
or
member
,
in
such
sort
as
the
same
seruant
doth
depart
from
his
master
,
wherby
the
master
doth
for
a
time
lose
the
seruice
of
his
said
seruant
:
in
this
case
the
master
shal
haue
an
action
of
trespas
,
&
declare
against
him
that
did
so
menace
his
seruant
,
That
he
made
assault
vpon
his
seruant
,
did
beat
him
,
wound
him
,
and
euil
intreat
him
,
&
so
often
menaced
to
kill
&
dismember
him
,
&
did
him
so
many
iniuries
&
wrongs
,
that
his
said
seruant
durst
not
for
such
menaces
,
&
for
feare
of
being
killed
or
maimed
,
attend
his
businesse
(
viz.
the
bailiwike
of
his
husbandry
,
his
seruice
in
husbandry
,
or
kéeping
of
his
horses
,
beasts
,
shéep
,
&c.
)
And
so
his
said
busines
&
seruice
lay
vndone
,
&
the
said
pl.
lost
the
seruice
of
his
said
seruant
,
from
the
20.
day
of
M.
vntil
the
20.
day
of
N.
them
next
following
,
to
his
great
damage
,
&
against
the
K.
peace
,
whereof
he
complaineth
,
that
he
is
endamaged
20.
l.
And
so
note
,
7.
E.
4.
24.
27.
Ass.
p.
11.
that
a
man
shall
not
haue
an
Action
of
Trespasse
for
menace
onely
,
vnlesse
he
hath
also
thereby
some
other
losse
or
hurt
:
for
the
menace
and
the
hurt
which
the
partie
doth
sustaine
thereby
,
doe
make
the
Trespasse
,
and
doe
giue
cause
of
the
action
of
Trespasse
.
But
it
is
otherwise
,
20.
H.
7.
5.
if
a
man
beat
the
wife
or
villaine
of
another
,
for
in
those
cases
,
the
partie
wronged
,
viz.
the
husband
,
or
Lord
,
shall
haue
an
action
of
Trespasse
,
though
hée
hath
receiued
no
losse
,
nor
hindrance
in
commoditie
:
For
hée
must
ioyne
in
suit
with
his
wife
,
to
recouer
recompence
for
the
batterie
and
wrong
done
vnto
her
by
the
trespassor
:
and
also
hee
may
punish
him
by
action
of
Trespasse
,
who
beateth
his
villaine
,
as
hée
may
doe
him
who
beateth
his
horse
,
cow
,
oxe
&c.
Menacing
a
tenant
,
whereby
he
departeth
.
5
And
the
same
law
is
,
if
one
man
doe
so
menace
of
life
and
member
,
Li.
Intr.
592
20.
H.
7.
5.
9.
H.
7.
7.
the
tenants
of
another
,
which
doe
hold
of
him
certaine
lands
and
tenements
at
will
,
paying
to
him
therefore
certaine
yearely
rent
and
seruices
;
in
respect
of
which
menace
,
the
same
tenants
doe
depart
from
their
said
tenements
,
and
leaue
the
said
rents
vnpaid
,
and
the
same
seruices
vndone
:
In
this
case
the
Lord
,
or
owner
of
the
same
tenements
,
may
haue
an
action
of
Trespas
against
such
menacer
,
in
the
Kings
Bench
,
or
Common
Pleas
,
and
declare
of
the
sayd
menacing
of
his
tenants
at
will
,
of
their
departure
from
his
tenancies
thereby
,
and
the
losse
and
preiudice
that
he
hath
sustained
by
his
rents
vnpaid
,
and
seruices
vndone
,
and
he
shal
recouer
damages
accordingly
.
And
in
this
case
it
is
a
good
plea
for
the
defendant
,
Menacing
a
Lords
freeholder
.
to
plead
,
That
those
tenants
of
the
plaintifes
,
which
departed
from
their
tenancies
,
were
the
fréeholders
,
and
the
fréehold
tenants
of
the
plaintifes
,
and
not
his
tenants
at
will
:
For
if
it
be
so
,
the
plaintife
shall
recouer
nothing
against
the
defendant
,
because
hee
hath
other
sufficient
remedie
to
recouer
the
seruices
of
his
fréeholders
,
or
the
land
in
stead
of
them
.
And
so
it
is
,
to
plead
,
that
the
tenants
which
departed
,
21.
H.
6.
31.
were
tenants
for
terme
of
yeares
.
6
In
the
cases
aforesaid
,
he
that
is
wronged
in
his
owne
person
,
his
seruants
,
or
tenants
,
by
the
menace
of
another
,
whereby
hée
sustaineth
losse
,
shall
haue
his
action
of
Trespasse
against
the
offendor
,
for
the
said
menace
,
and
the
hurt
which
he
receiueth
thereby
;
and
the
king
also
shall
haue
a
fine
of
the
offendor
,
for
that
the
menace
was
of
life
and
member
,
and
suggested
to
bee
done
vi
&
armis
,
and
so
tended
to
the
breach
of
the
peace
.
But
if
it
bée
such
a
menace
as
doth
not
tend
to
the
breach
of
the
peace
,
Menace
which
is
iustifyable
.
then
the
law
is
otherwise
:
for
then
the
partie
menaced
,
shall
neither
haue
an
action
of
Trespasse
,
or
other
remedie
against
the
menacer
,
neither
shall
the
king
haue
a
fine
of
him
.
As
,
if
a
man
dye
seised
of
certaine
lands
,
and
a
stranger
will
abate
,
22.
H.
6.
48
21.
H.
6.
26.
9.
H.
7.
7.
and
then
the
heire
of
him
who
dyed
seised
,
will
enter
vpon
the
stranger
,
and
menace
and
threaten
him
,
That
if
he
will
not
depart
from
the
possession
of
the
same
land
,
that
then
hée
shall
repent
it
,
as
the
law
will
allow
:
this
is
menace
iustifiable
,
for
that
he
hath
said
no
more
,
than
the
law
will
allow
him
to
performe
.
And
in
like
sort
,
if
A.
be
disseised
of
his
fréehold
,
eiected
out
of
his
terme
of
yeares
,
Li.
Intr.
555
dispossessed
of
his
goods
,
beaten
,
assaulted
,
or
euill
intreated
by
B.
if
in
this
case
A.
will
say
vnto
B.
That
he
will
not
endure
those
wrongs
,
nor
put
them
vp
at
his
hands
,
but
will
prosecute
suit
according
to
the
law
of
the
Realme
,
in
the
sharpest
maner
that
he
can
,
for
the
redresse
of
those
iniuries
,
and
for
the
due
punishment
of
B.
this
is
menace
iustifiable
,
and
nothing
tending
to
the
breach
of
the
peace
:
for
A.
hath
said
nothing
,
but
that
the
law
will
permit
him
to
doe
.
And
in
these
cases
the
menacer
doth
yeeld
to
make
the
law
iudge
of
his
wrongs
,
and
that
also
in
peaceable
manner
:
but
in
the
former
cases
,
the
menacer
doth
threaten
to
be
the
reuenger
of
his
owne
iniuries
,
and
so
to
be
his
owne
iudge
,
and
that
also
in
a
forcible
and
vnlawfull
sort
.
And
so
it
is
,
if
one
man
owe
money
to
another
,
and
at
the
time
assigned
doth
not
pay
,
if
the
creditor
do
say
to
the
debtor
,
that
he
will
sue
him
according
to
the
course
of
law
,
16.
E.
4.
7.
and
imprison
him
for
his
debt
,
this
is
menace
iustifiable
,
for
the
law
doth
allow
him
to
doe
it
.
7
As
menace
in
words
is
accounted
in
many
cases
to
be
a
meane
of
the
breach
of
the
peace
,
and
so
punishable
by
the
lawes
of
the
realme
:
so
menace
by
deeds
,
by
behauiour
,
gesture
,
wearing
of
armour
,
or
vnusuall
and
extraordinarie
number
of
seruants
or
attendants
,
is
accounted
to
be
in
affraie
and
feare
of
the
people
,
a
meane
of
the
breach
of
the
peace
,
and
so
punishable
:
for
the
law
doth
intend
,
that
he
which
in
a
peaceable
time
doth
ride
or
goe
armed
,
without
sufficient
warrant
or
authoritie
so
to
doe
,
doth
meane
to
breake
the
peace
,
and
to
doe
some
outrage
:
seeing
she
is
able
,
and
wil
be
alwaies
ready
to
defend
euery
member
of
the
common
weale
,
from
taking
or
receiuing
of
force
or
violence
from
others
,
if
himselfe
doe
not
giue
cause
to
the
contrarie
:
Whereupon
by
a
Statute
made
at
Northhampton
,
St.
2.
E.
3.
3.
anno
2.
Ed.
3.
it
was
enacted
:
That
no
man
great
nor
smal
of
what
condition
soeuer
he
be
(
except
the
kings
seruants
in
his
presence
,
&
his
ministers
in
executing
of
the
kings
precepts
,
or
of
their
office
,
and
such
as
be
in
their
companie
assisting
them
,
and
also
vpon
a
Crie
made
for
armes
to
keepe
the
peace
,
and
the
same
in
such
places
,
where
such
acts
happen
)
be
so
hardie
to
come
before
the
kings
Iustices
,
or
other
the
kings
ministers
in
doing
their
offices
,
with
force
and
armes
:
nor
bring
no
force
in
affraie
of
the
peace
,
nor
to
goe
nor
ride
armed
by
day
nor
by
night
in
faires
,
markets
,
Menace
by
going
or
riding
armed
.
nor
in
the
presence
of
the
Iustices
,
or
other
ministers
,
nor
in
no
part
elsewhere
,
vpon
paine
to
forfeit
their
armour
to
the
king
,
&
their
bodies
to
prison
,
at
the
kings
pleasure
.
And
that
the
kings
Iustices
in
their
presence
,
Sherifes
,
and
other
ministers
in
their
bailiwicks
,
Lords
of
franchises
,
&
their
bailifs
in
the
same
,
&
mayors
&
bailifs
of
cities
&
boroughs
within
the
same
cities
&
boroughs
,
&
borough-holders
,
&
wardens
of
the
peace
within
their
wards
,
shal
haue
power
to
execute
this
act
.
And
that
the
Iust
.
assigned
,
at
their
comming
down
into
the
countrey
shall
haue
power
to
inquire
,
how
such
officers
&
Lords
haue
executed
their
offices
in
this
case
,
&
to
punish
them
whom
they
find
haue
not
done
that
which
pertained
to
their
office
.
St.
7.
R.
2.
13
20.
R.
2.
1.
And
after
by
a
statute
made
anno
7.
R.
2.
it
was
ordained
,
That
no
Lord
,
Knight
,
nor
other
,
little
,
or
great
,
shall
go
nor
ride
by
night
or
by
day
armed
,
nor
beare
sallet
or
skull
of
yron
,
nor
other
armour
,
vpon
the
paine
of
forfeiture
thereof
to
the
king
(
except
the
kings
officers
and
ministers
in
doing
their
offices
:
)
And
by
the
same
statute
it
was
also
assented
,
that
none
should
ride
or
goe
with
Launcegaies
Launcegaies
.
(
beeing
an
armour
defensiue
then
vsed
)
in
affraie
of
the
people
,
but
that
the
same
Launcegaies
should
be
for
euer
put
out
.
8
And
shortly
after
,
the
same
Statute
of
2.
Ed.
3.
was
put
in
execution
:
Wearing
of
a
priuie
coate
.
for
a
knight
was
attached
and
arraigned
in
the
kings
Bench
,
for
that
hee
did
weare
armor
vnder
his
vpper
garment
in
the
kings
palace
,
24.
E.
3.
33.
and
in
Westminster
hall
:
who
pleaded
that
there
was
debate
betwéen
him
and
another
knight
,
who
did
that
weeke
strike
him
,
and
yet
did
menace
him
,
and
that
for
feare
of
further
perill
,
and
to
saue
his
life
hee
did
weare
the
same
armour
:
But
this
was
adiudged
no
plea
,
for
the
court
did
award
,
that
hee
should
forfeit
his
armour
,
and
be
committed
to
the
marshalsey
.
And
though
he
desired
to
be
let
to
mainprise
,
he
was
not
admitted
thereunto
vntill
the
kings
pleasure
was
knowne
.
And
the
other
knight
his
aduersarie
,
was
sent
for
into
the
kings
Bench
,
and
there
commanded
vpon
paine
of
all
that
he
could
forfeit
,
that
hee
should
not
meddle
,
nor
doe
any
thing
but
that
which
was
good
to
his
said
aduersarie
.
Labourers
shall
weare
no
weapons
.
9
And
because
seruants
in
husbandrie
,
labourers
,
artificers
,
and
other
persons
of
meane
degrée
,
should
take
no
incouragement
nor
occasion
to
breake
the
peace
,
nor
weare
any
weapons
therewith
to
menace
,
threaten
,
or
terrifie
others
:
Therefore
by
a
Statute
made
anno
12.
R.
2.
it
was
ordained
,
St.
12.
R.
2.
12.
That
no
seruant
in
husbandrie
,
or
labourer
,
nor
seruant
of
artificer
,
or
victualler
,
shall
beare
any
Buckler
,
Dagger
,
or
Sword
,
vpon
paine
of
forfeiting
of
the
same
(
except
it
be
for
the
defence
of
the
realme
in
the
time
of
warre
,
and
then
by
the
suruey
of
Arraiers
for
the
time
beeing
,
or
in
trauelling
with
their
masters
,
or
on
their
masters
businesse
.
)
And
Sherifes
,
Mayors
,
Baylifes
,
and
Constables
shall
haue
power
to
arrest
all
offendors
against
this
Statute
,
and
seize
the
said
Bucklers
,
Swords
,
and
Daggers
,
and
kéepe
them
vntill
the
Sessions
of
the
Iustices
of
peace
,
and
the
same
shall
present
before
the
same
Iustices
in
their
Sessions
,
together
with
the
names
of
them
that
did
beare
the
same
.
But
this
shall
not
be
preiudiciall
to
the
franchises
of
Lords
touching
forfeitures
due
to
them
.
By
the
foresaid
two
Statutes
of
2.
Ed.
3.
and
12.
R.
2.
it
doth
appeare
,
that
the
meaning
of
the
makers
of
those
lawes
was
,
not
onely
to
preserue
peace
,
&
to
eschew
quarrels
,
but
also
to
take
away
the
instruments
of
fighting
and
batterie
,
and
to
cut
off
all
meanes
that
may
tend
in
affraie
or
feare
of
the
people
.
Assurances
made
by
menace
.
10
As
menace
of
life
and
member
giueth
cause
of
an
action
of
trespasse
,
to
him
that
receiueth
losse
or
hurt
thereby
,
&
intituleth
the
king
to
a
fine
:
20.
Ass.
p.
14
28.
H.
6.
8.
in
like
sort
an
obligation
,
a
release
,
or
déed
of
annuitie
made
,
and
granted
by
menace
,
are
voidable
by
the
law
,
so
that
the
same
menace
be
of
life
,
member
,
or
libertie
:
viz.
of
some
hurt
to
be
done
to
his
body
by
death
,
maiheming
,
or
imprisonment
,
and
not
to
his
lands
or
goods
:
for
if
A.
will
menace
B.
that
if
he
will
not
make
him
an
obligation
of
xx
.
l
,
that
then
he
wil
disseise
him
of
such
land
,
7.
Ed.
4.
21.
4.
H.
4.
2.
39.
H.
6.
51.
or
dispossesse
or
take
from
him
such
goods
:
in
this
case
if
B.
doe
make
and
deliuer
the
said
obligation
of
xx
.
l
to
A.
in
an
action
of
debt
brought
by
A.
against
B
,
vpon
the
said
obligation
,
B.
shall
not
auoyd
this
obligation
,
in
respect
of
this
menace
,
because
this
menace
did
not
tend
to
the
hurt
of
the
person
of
B.
but
to
preiudice
him
in
his
lands
,
or
goods
:
for
the
redresse
and
recouerie
whereof
,
the
law
would
haue
giuen
B.
a
sufficient
remedie
,
if
A.
should
haue
done
him
the
wrong
which
he
menaced
.
And
he
that
will
take
an
aduantage
to
auoid
his
déed
by
menace
,
must
in
this
plea
expresse
,
Fitz.
Dures
13.
how
and
in
what
sort
the
other
partie
did
menace
him
:
viz.
that
he
drewe
his
sword
against
him
,
and
threatened
to
kill
him
,
if
he
would
not
seale
and
deliuer
such
an
obligation
,
release
,
annuitie
,
&c.
If
A.
doe
menace
B.
in
one
countie
,
that
he
will
kill
or
maihem
him
,
33.
H.
6.
24.
2.
H.
5.
10.
if
hee
doe
not
seale
him
an
obligation
of
xx
.
l
,
or
stand
to
the
arbitrement
of
C.
in
a
cause
depending
in
question
betweene
them
:
And
after
B.
beeing
at
libertie
in
another
countie
doth
seale
the
same
obligation
,
or
doth
stand
to
the
arbitrement
of
C.
this
obligation
or
arbitrement
is
void
,
for
it
shall
be
intended
to
bee
done
by
force
of
the
first
menace
.
And
if
A.
doe
menace
B.
that
he
wil
kil
him
,
imprison
,
maihem
,
or
beate
him
,
if
he
doe
not
make
an
obligation
of
xx
.
l
to
C.
39.
H.
6.
36.
Co.
li.
2.
9.
if
in
this
case
B.
do
become
bound
by
obligation
to
pay
vnto
C.xx
.
l.
in
an
action
of
debt
brought
vpon
this
obligation
by
C.
against
B.
the
same
B.
may
auoid
this
Obligation
which
he
made
by
this
menace
of
A.
though
the
menace
was
made
by
one
man
,
&
the
Obligation
was
made
to
an
other
;
for
that
the
menace
was
the
cause
of
the
making
of
this
Obligation
,
which
the
law
doth
respect
and
punish
,
and
not
only
the
partie
to
whom
the
Obligation
was
made
.
11
Assault
&
batterie
be
for
the
most
part
an
accomplishment
of
that
which
menace
did
threaten
,
&
a
performance
by
déedes
of
that
,
What
is
assault
and
batterie
.
which
the
other
forewarned
by
words
:
that
is
to
say
,
a
violent
&
forcible
abusing
,
or
attempting
to
abuse
by
blowes
and
stripes
the
person
of
an
other
,
contrary
to
the
peace
of
the
Realme
,
and
the
law
of
the
same
;
which
hath
ordeined
,
that
no
person
shall
be
Iudge
or
reuenger
of
his
own
wrong
,
but
leaue
that
to
the
censure
of
the
law
,
that
is
alwaies
readie
to
heare
&
redresse
euery
mans
iust
complaints
:
for
he
that
doth
attempt
to
assault
or
beat
an
other
,
to
satisfie
his
own
turbulent
spirit
,
or
to
reuenge
his
owne
priuat
iniurie
,
doth
as
much
as
in
him
lieth
to
wrest
the
sword
of
gouernment
out
of
the
K.
hands
,
to
take
from
the
law
her
equal
censure
in
justice
,
&
to
make
himself
both
Iudge
,
&
executioner
in
his
own
cause
;
&
because
this
disordered
person
contemning
the
justice
of
the
Law
,
hath
assaulted
or
beaten
an
other
without
warrant
of
law
,
&
broken
thereby
the
peace
of
the
realm
;
the
law
hath
deuised
a
quiet
&
peaceable
course
,
to
reduce
him
again
to
order
,
in
punishing
him
by
an
action
of
Trespas
of
assault
&
batterie
,
wherin
being
conuicted
,
he
shal
satisfie
the
party
grieued
his
damages
,
&
pay
to
the
K.
a
fine
,
&
his
body
shal
be
committed
to
prison
,
vntill
he
hath
satisfied
it
.
Though
the
party
menaced
shall
not
haue
his
remedy
by
action
of
Trespas
,
vnlesse
the
same
menace
was
of
life
&
member
,
and
also
that
the
party
menaced
receiued
some
losse
or
preiudice
therby
in
his
liuelyhood
,
or
estate
;
for
that
the
menace
,
&
the
hurt
which
the
party
doth
receiue
thereby
,
being
ioyned
together
do
make
the
trespas
,
&
giue
cause
of
the
action
of
Trespas
:
Yet
in
an
action
of
Trespas
of
Assault
&
battery
,
where
it
is
proued
&
found
,
that
the
offendor
did
make
an
assault
only
(
as
one
did
strike
at
an
other
with
a
hatchet
)
but
did
make
no
batterie
,
or
hurt
the
person
of
any
other
,
it
is
otherwise
:
for
séeing
assaulting
doth
tend
to
the
breach
of
the
peace
,
22.
Ass.
p.
60
42.
Ed.
3.
7.
40.
Ed.
3.
40.
6.
H.
7.
1.
&
he
that
maketh
an
assault
,
doth
his
indeuor
to
hurt
,
the
law
doth
giue
to
him
that
is
assaulted
an
action
of
Trespas
to
recouer
his
damages
,
&
to
the
K.
a
fine
:
for
by
the
assault
,
the
party
assaulted
is
put
in
feare
,
euill
handled
,
&
hindred
of
his
busines
.
And
if
he
be
diuers
times
assaulted
,
45.
E.
3.
24.
he
may
haue
one
action
of
Trespas
for
all
those
assaults
,
&
shall
recouer
damages
,
according
to
the
number
and
grieuousnes
of
them
.
And
for
an
assault
made
to
the
wife
,
22.
Ass.
p.
60
the
husband
&
the
wife
shal
haue
an
action
of
Trespas
against
him
that
made
the
assault
,
46.
Ed.
3.
6.
&
the
declaration
shal
be
ad
damnum
ipsorum
,
though
the
husband
only
shall
recouer
the
damages
.
12
But
as
he
that
is
assaulted
or
beaten
,
Iustifying
of
beating
in
his
owne
defence
.
shal
haue
his
remedie
by
action
of
Trespas
against
him
that
did
assault
or
beat
him
,
&
also
the
K.
shall
haue
a
fine
therefore
,
if
he
that
made
the
assault
or
battery
did
it
without
cause
,
&
offered
therein
iniurie
to
the
party
assaulted
;
16.
Ed.
4.
11.
19.
H.
6.
47.
6.
H.
7.
1.
34.
H.
6.
15.
43.
Ed.
3.
23.
because
the
kings
peace
is
broken
,
&
one
member
of
the
common
weale
hath
abused
&
done
wrong
to
an
other
:
So
on
the
other
side
,
if
he
that
was
so
assaulted
or
beaten
,
did
first
make
an
assault
vpon
him
that
after
did
beat
him
,
&
would
haue
beaten
,
wounded
,
or
&c.
and
in
his
said
assault
did
receiue
from
the
other
some
stripes
or
blowes
,
the
def.
may
iustifie
his
said
assault
&
batterie
,
as
a
thing
done
in
defence
of
his
owne
person
from
imminent
&
present
perill
,
&
wherin
the
Law
will
protect
&
defend
him
:
And
therfore
in
that
case
the
def.
doth
answer
the
pl
declaration
,
&
pledeth
in
bar
,
that
the
pl
did
assault
him
,
&
would
haue
beaten
him
,
&
he
defended
himself
,
&
the
hurt
which
the
pl
receiued
was
by
his
own
assault
.
And
the
pl
in
his
replication
doth
plead
,
that
the
defendant
did
with
force
&
armes
,
&
of
his
owne
wrong
,
make
assault
vpon
him
,
beate
him
,
&
euill
intreate
him
,
contrary
to
the
Kings
peace
,
without
any
such
cause
,
as
the
defendant
hath
alledged
;
And
so
the
issue
is
ioined
,
whether
the
assault
was
begun
and
made
by
the
plaintife
vpon
the
defendant
,
or
by
the
defendant
vpon
the
plaintife
:
for
if
the
assault
&
batterie
,
38.
Ed.
3.
6.
or
assault
only
was
first
made
and
begun
by
the
defendant
vpon
the
plaintife
;
Then
the
defendant
did
it
with
force
&
armes
,
and
against
the
kings
peace
,
&
is
to
answere
damages
to
the
plaintife
,
according
to
the
hurt
which
he
receiued
,
&
to
pay
a
fine
to
the
K.
for
vsing
force
&
violence
,
&
breaking
his
peace
:
for
at
all
times
in
an
action
of
Trespas
vi
&
armis
brought
against
any
person
,
19.
H.
6.
8.
if
the
defendant
be
conuict
,
he
shall
pay
a
fine
to
the
King
.
8.
Ed.
4.
15.
But
if
the
plaintife
made
the
first
assault
,
and
the
defendant
in
his
own
defence
(
&
rather
then
he
would
be
beaten
or
wounded
)
did
beate
,
strike
,
or
wound
the
plaintife
,
Then
the
plaintife
shall
recouer
no
dammages
against
the
defendant
,
but
shal
be
amerced
to
the
King
for
his
false
suit
:
Neither
shall
the
defendant
be
charged
to
pay
to
the
king
any
fine
.
And
if
one
man
wil
assault
,
&
offer
to
beate
two
,
thrée
,
12.
Ed.
4.
6.
or
more
persons
,
&
they
in
their
own
defence
doe
beate
or
wound
him
,
he
shall
haue
no
action
of
Trespas
or
other
remedie
against
them
,
&
one
of
them
may
defend
&
helpe
the
other
.
But
it
is
to
be
obserued
in
this
case
,
that
if
one
man
doe
assault
an
other
,
if
he
which
is
assaulted
may
escape
with
his
life
,
2
H.
4.
8.
33.
H.
6.
18.
or
without
being
wounded
or
maihemed
,
it
is
not
lawfull
for
him
to
beate
or
wound
the
other
who
made
the
assault
.
13
As
the
law
doth
accompt
it
no
breach
of
the
peace
for
one
man
to
beate
an
other
in
the
defence
of
his
own
person
from
killing
,
Iustifying
of
beating
in
defence
of
others
wounding
,
or
beating
,
but
a
thing
iustifiable
:
So
doth
she
impute
it
no
fault
punishable
for
the
husband
to
beate
him
,
that
doth
assault
,
&
would
beate
,
wound
,
19.
H.
6.
31.
66.
Lib.
intur
553.
or
euil
intreate
his
wife
,
being
both
one
flesh
:
or
for
the
wife
to
beate
him
,
that
doth
assault
,
and
would
beate
,
wound
,
or
euil
intreate
her
husband
:
Or
for
the
sonne
or
daughter
to
beate
him
that
doth
assault
,
&
would
beate
,
wound
or
euil
intreate
his
or
her
father
or
mother
:
Or
for
the
father
or
mother
to
beat
him
that
doth
assault
,
Lib.
intur
554
&
would
beate
,
wound
,
or
euil
intreat
his
or
her
sonne
or
daughter
,
being
then
within
age
,
&
not
able
to
defend
him
or
her selfe
:
Or
for
the
Lord
to
beate
him
that
doth
assault
,
&
would
beate
,
wound
or
euil
intreat
his
villaine
:
Or
for
the
seruant
to
beate
,
him
that
doth
assault
,
&
would
beate
,
wound
,
35.
H.
6.
51.
11.
H.
6.
19.
12.
Ed.
4.
6.
or
euill
intreate
his
master
or
mistris
;
or
to
take
any
weapons
wherewith
the
assailant
would
beate
,
wound
,
or
euil
intreat
his
master
,
&
to
kéepe
them
vntil
his
rage
be
swaged
;
for
the
seruant
is
bound
to
performe
vnto
his
master
&
mistris
protection
&
dutie
,
&
he
may
kill
a
man
in
defence
of
his
master
,
if
his
said
master
cannot
otherwise
escape
.
But
the
seruant
cannot
iustifie
the
beating
of
him
,
21.
H.
8.
39.
that
doth
assault
,
&
attempteth
to
beate
,
wound
,
or
euil
intreate
the
father
,
mother
,
brother
,
sister
,
son
,
9.
Ed.
4.
48.
or
daughter
of
his
master
or
mistris
for
he
oweth
no
obedience
or
duty
to
any
of
them
.
Neither
can
the
master
iustify
the
beating
of
him
,
that
doth
assault
,
&
would
beat
,
wound
,
or
euill
intreat
his
seruant
.
Fitz.
Iustification
3.
19.
H.
6.
30.
66.
But
though
the
master
cannot
assault
&
beat
an
other
that
doth
assault
,
&
would
beate
,
wound
,
or
otherwise
euill
intreat
his
seruant
;
Yet
he
may
with
a
sword
,
staffe
,
or
other
weapon
aide
&
defend
his
seruant
assaulted
,
from
being
beaten
,
&
that
in
respect
of
the
losse
of
his
seruice
.
And
also
after
his
seruant
is
beaten
,
22.
H.
6.
43.
21.
H.
6.
9.
Fitz.
Trespas
46.
20.
H.
7.
5.
Cook
.
lib.
5.
108.
he
may
haue
an
action
of
Trespas
against
him
that
did
beat
,
wound
or
euil
intreat
his
said
seruant
(
vnles
it
were
vpon
the
same
seruants
own
assault
)
&
recouer
so
much
in
damages
against
the
offendor
,
The
masters
remedy
for
the
bea●ing
of
his
seruant
.
as
he
receiued
preiudice
,
or
hinderance
by
the
losse
of
his
said
seruants
seruice
:
for
if
the
seruant
be
but
so
beaten
,
that
he
is
able
to
do
his
seruice
,
as
well
as
he
was
before
,
the
master
shall
recouer
no
damages
for
that
beating
.
And
as
the
master
may
haue
an
action
of
trespas
against
the
offendor
,
&
recouer
so
much
in
damages
as
he
doth
loose
by
the
want
of
his
said
seruants
seruice
:
so
likewise
the
same
seruant
may
haue
another
action
of
trespas
against
the
offendor
,
&
recouer
so
much
in
damages
,
as
he
shall
receiue
hurt
on
his
bodie
,
Fitz
Trespas
.
210.
21.
H.
6.
8.
3.
H.
6.
54.
34.
H.
6.
28.
43.
by
the
said
assault
&
beating
.
In
an
action
of
trespas
brought
by
the
master
for
beating
of
his
seruant
,
wherby
he
did
loose
his
seruice
,
it
is
a
good
plea
for
the
defendant
to
say
,
that
he
was
not
the
plaintifs
seruant
,
or
that
he
was
the
defendants
seruant
,
and
not
the
plaintifs
:
or
that
he
was
farmor
,
tenant
,
neighbor
,
or
soiourner
with
the
plaintife
,
and
not
his
seruant
:
or
that
the
partie
beaten
was
the
plaintifs
wife
.
And
in
the
said
action
of
trespas
of
assault
and
batterie
for
the
beating
of
his
seruant
,
22.
H.
6.
43.
he
néed
not
declare
of
the
retainer
of
the
same
seruant
,
for
if
he
did
but
serue
his
master
at
his
pleasure
,
yet
the
master
shall
haue
an
action
of
trespas
for
the
losse
of
his
seruice
.
14
As
the
law
doth
allow
a
man
to
beat
another
in
defence
of
his
person
,
Battery
in
defence
of
his
goods
.
from
extreame
peril
:
so
doth
she
tollerate
one
man
to
beat
another
for
the
preseruation
of
his
goods
from
rapine
and
spoile
:
for
as
it
standeth
not
with
the
peace
of
the
realme
,
that
one
man
without
some
lawful
cause
should
beat
another
:
so
it
standeth
not
with
the
iustice
of
the
realme
,
that
one
man
should
take
anothers
goods
iniuriously
from
him
.
And
he
that
will
attempt
by
force
and
violence
to
take
away
another
mans
goods
wrongfully
from
him
,
9.
E.
4.
28.
19.
H.
6.
31.
65.
Kel
.
p.
92.
may
iustly
by
force
&
strong
hand
be
resisted
:
And
if
in
that
case
he
that
shall
make
an
assault
to
take
those
goods
,
be
in
the
encounter
beaten
by
the
owner
of
the
same
goods
,
the
law
will
excuse
the
owner
therin
,
&
protect
him
to
defend
those
goods
,
wherof
he
hath
a
lawfull
propertie
.
And
the
same
law
is
,
if
a
man
hath
no
propertie
in
goods
,
but
onely
a
possession
by
the
bailement
of
another
,
to
bee
redeliuered
when
they
shall
be
required
:
if
in
this
case
a
stranger
will
assay
by
force
to
take
the
same
away
,
Lib.
Intr.
553.
he
that
hath
the
possession
of
the
same
goods
(
though
it
be
but
a
bloodhound
)
may
defend
the
same
by
force
:
And
if
the
said
stranger
shal
be
hurt
or
beaten
in
that
assault
,
he
shall
haue
no
remedy
by
action
of
trespas
,
or
otherwise
,
against
him
that
had
the
said
possession
,
for
he
may
iustifie
the
defence
of
the
goods
so
bailed
vnto
him
,
in
respect
that
he
hath
the
lawful
possession
of
them
,
and
standeth
chargeable
to
redeliuer
them
,
or
the
very
value
of
them
to
him
,
the
bailed
them
vnto
him
,
whensoeuer
he
shall
be
required
.
Battery
in
defence
of
his
land
,
lease
,
or
way
.
And
so
it
is
if
one
hath
a
mill
whereunto
a
riuer
or
spring
of
water
doth
run
,
3.
H.
4.
9.
and
hath
run
time
out
of
the
remembrance
of
man
,
and
another
would
stop
the
course
of
that
water
,
&
turne
it
another
way
,
&
the
owner
of
the
mill
doth
disturbe
him
therein
,
wherupon
that
other
doth
assault
and
attempt
to
beat
him
:
In
this
case
,
if
the
owner
of
the
mill
for
his
owne
safegard
,
and
for
the
defence
of
his
auncient
water
course
,
doth
beat
him
againe
,
it
is
iustifiable
:
for
this
beating
was
not
an
intended
breach
of
the
peace
,
but
to
defend
him
from
violence
offered
to
his
person
,
Lib.
Intr.
554.
11.
H.
6.
33.
10.
E.
4.
6.
and
iniurie
to
his
fréehold
or
terme
.
And
the
same
law
is
in
euery
case
of
batterie
of
another
,
who
doth
menace
or
assault
the
right
owner
,
and
attempt
to
beat
him
for
the
lawfull
defence
of
his
owne
fréehold
,
or
terme
,
or
from
his
lawfull
high
way
.
9.
E.
4.
3.
15
If
one
man
do
make
assault
vpon
another
attempting
to
beat
him
,
Battery
inresisting
a
Iustice
of
peace
.
&
so
to
breake
the
peace
,
if
a
Iu.
of
peace
do
command
him
that
maketh
the
assault
to
kéep
the
peace
,
&
to
surcease
his
assault
,
&
he
wil
not
do
it
,
or
wil
answer
that
he
will
not
:
the
Iust.
of
peace
may
lay
his
hands
vpon
the
offendor
,
&
arrest
him
to
find
sureties
of
his
good
behauiour
:
and
if
the
offendor
doe
make
rescue
,
and
resist
the
arrest
by
force
,
and
then
be
beaten
,
hee
shall
haue
no
remedie
against
the
same
Iustice
of
peace
,
who
hath
done
nothing
but
that
which
belonged
to
his
office
,
and
dutie
:
and
the
offendor
first
in
breaking
the
peace
,
and
after
in
resisting
the
Iustice
of
the
Law
,
being
beaten
by
the
Iustice
of
Peace
,
or
any
other
in
his
company
,
hath
worthily
tasted
the
due
reward
of
his
owne
disobedience
.
And
also
the
Iustice
of
peace
may
in
this
case
commit
the
offendor
to
prison
,
vntill
he
hath
found
sureties
to
kéep
the
peace
:
A
Iustice
of
peace
may
arrest
one
to
find
suretie
of
peace
,
21.
H.
7.
22.
9.
E.
4.
3.
and
though
he
doth
let
the
same
partie
after
to
goe
at
libertie
,
without
finding
suretie
of
peace
,
yet
he
shall
haue
no
action
or
other
remedy
to
punish
the
same
Iustice
,
because
he
is
Iustice
of
Record
.
A
schoolemaster
beateth
his
scholler
.
16
In
an
action
of
trespasse
of
assault
and
batterie
,
21.
E.
4.
6.
Li.
Intr.
555
it
is
a
good
plea
for
the
defendant
to
plead
,
that
he
is
a
schoolemaster
,
and
a
teacher
&
instructer
of
children
,
and
that
the
plaintife
put
himselfe
to
be
scholler
with
him
,
&
to
be
taught
&
instructed
in
his
booke
;
and
because
the
plaintife
was
carelesse
and
negligent
in
learning
of
that
whereof
he
was
instructed
,
or
did
beat
&
abuse
other
schollers
his
schoole-fellows
,
the
defandant
did
beat
him
with
a
rod
,
as
it
was
lawfull
for
him
to
doe
.
A
master
beateth
his
prentice
.
17
And
likewise
in
an
action
of
trespasse
of
assault
and
batterie
,
it
is
a
good
plea
for
the
defendant
to
plead
,
that
he
is
a
free
man
of
the
citie
of
London
,
21.
E.
4.
6.
&
53.
occupying
the
trade
of
a
draper
:
&
that
the
plaintife
beeing
aboue
the
age
of
xiiij
.
yeares
,
put
himselfe
apprentise
vnto
him
,
to
serue
him
in
that
trade
,
by
the
space
of
vij
.
yeares
:
And
because
the
plaintife
was
negligent
in
learning
his
trade
,
he
did
strip
him
,
and
beat
him
with
a
rod
,
as
it
was
lawful
for
him
to
do
:
and
if
he
did
not
sufficiently
beat
him
for
his
offence
at
one
time
,
hee
may
beat
him
againe
:
And
in
like
sort
,
if
a
villaine
wil
not
be
iustified
by
his
Lord
,
nor
obedient
vnto
him
,
it
is
lawfull
for
the
Lord
to
chastise
and
beat
him
,
or
to
imprison
him
,
or
to
inflict
any
reasonable
punishment
vpon
him
,
so
that
he
do
not
maihem
or
kill
him
:
for
in
the
foresaid
cases
,
the
schoolemaster
,
master
,
and
Lord
haue
a
ciuill
power
and
authoritie
ouer
the
scholler
,
seruant
,
and
villaine
.
Some
doe
hold
that
if
an
apprentice
or
seruant
be
aboue
the
age
of
xxj
.
years
,
and
then
do
his
seruice
negligently
,
that
his
master
ought
not
to
beat
him
therefore
,
but
to
haue
an
action
of
couenant
against
him
.
But
note
the
forme
of
the
Indenture
of
an
apprentice
touching
chastising
him
:
And
it
appeareth
by
the
Statute
of
33.
H.
8.
12.
that
the
master
may
strike
his
seruant
with
his
hand
,
fist
,
Stat.
33.
H.
8.
12.
small
staffe
,
or
sticke
for
correction
,
and
though
he
do
draw
blood
.
S.
Br.
28.
Beating
of
a
man
that
is
franticke
.
18
If
a
man
be
franticke
,
furious
,
or
mad
,
22.
Assise
p.
56.
22.
E.
4.
45.
and
attempteth
being
at
liberty
to
burne
an
house
,
or
to
doe
some
other
mischiefe
,
or
to
hurt
himselfe
,
or
others
:
it
is
lawfull
for
his
parents
,
kinsmen
,
and
other
friends
,
to
take
him
,
put
him
into
an
house
,
to
bind
him
,
and
to
beat
him
with
rods
,
&
to
doe
any
other
forcible
act
to
reclaime
him
,
or
to
kéep
him
in
a
house
or
place
alone
,
where
he
shal
do
no
hurt
:
And
he
shall
haue
not
action
of
trespasse
of
assault
and
batterie
,
action
of
false
imprisonment
,
nor
other
remedie
against
them
:
for
in
this
case
,
and
the
others
before
rehearsed
,
the
peace
of
the
realme
was
not
broken
,
but
a
lawfull
punishment
was
inflicted
vpon
those
who
had
deserued
it
,
to
the
end
they
should
be
reformed
,
and
hereafter
doe
their
duties
the
better
.
Beating
of
one
that
will
not
yéeld
to
arrest
.
19
If
one
man
do
enter
a
plaint
against
another
in
a
court
hauing
iurisdiction
to
hold
plea
of
that
suit
,
2.
E.
4.
6.
21.
H.
7.
39.
and
the
Sergeant
of
the
court
doth
arrest
the
defendant
,
and
the
defendant
will
draw
his
sword
to
defend
himselfe
,
and
after
doth
run
away
,
with
intent
to
escape
from
the
Sergeant
,
if
in
this
case
,
the
Sergeant
and
he
that
did
enter
the
plaint
,
do
pursue
him
,
beate
,
&
hurt
him
,
if
he
will
not
be
apprehended
and
yéeld
to
the
arrest
,
they
may
iustifie
the
same
in
an
action
of
Trespas
of
assault
and
batterie
;
for
they
haue
not
broken
the
peace
,
nor
offended
the
Law
,
in
séeking
to
iustifie
him
,
who
doth
attempt
to
flie
from
the
justice
and
indifferent
triall
of
the
law
.
But
if
the
partie
had
not
béen
arrested
,
the
Sergeant
,
nor
any
other
with
him
could
haue
iustified
the
beating
of
him
.
38.
H.
6.
25.
20
In
an
action
of
Trespas
of
assault
and
batterie
,
the
defendant
pleaded
,
Beating
of
a
seruant
departing
out
of
his
seruice
.
that
the
plaintife
was
his
seruant
retained
,
&
departed
out
of
his
seruice
,
and
that
he
laid
hold
vpon
him
,
and
led
him
home
to
his
house
to
doe
his
seruice
:
But
this
was
adiudged
no
plea
;
for
it
is
not
lawfull
for
the
Master
in
this
case
to
beate
,
or
forciblie
to
compell
his
seruant
against
his
will
to
returne
and
do
his
seruice
;
but
to
require
him
to
do
it
,
and
if
he
will
not
,
then
the
Master
may
haue
an
action
of
Couenant
against
his
seruant
,
and
recouer
so
much
in
dammages
,
as
he
hath
receiued
hinderance
by
the
losse
of
his
seruice
.
But
by
the
statute
made
Ann
5.
Sta.
5.
El.
4.
Eliz.
it
is
ordeined
,
That
if
any
seruant
retained
to
serue
in
husbandry
,
shall
depart
from
his
master
,
mistresse
,
or
dames
seruice
,
before
the
end
of
his
terme
,
vnlesse
it
be
for
some
reasonable
and
sufficient
cause
to
be
allowed
by
a
Iustice
of
peace
of
the
Countie
,
or
the
Maior
,
or
other
head
officer
of
the
Citie
,
borough
,
or
towne
corporat
,
wherein
the
said
Master
,
mistresse
,
or
dame
inhabiteth
:
Or
if
any
seruant
at
the
end
of
his
terme
depart
from
his
master
,
mistresse
,
or
dames
seruice
,
without
one
quarters
warning
giuen
before
the
end
of
his
terme
,
and
before
two
lawfull
witnesses
;
Then
vpon
complaint
made
by
the
said
Master
,
&c.
to
two
Iustices
of
peace
of
the
Countie
,
or
to
the
Maior
,
or
head
officer
of
the
citie
,
borough
,
&c.
they
or
any
of
them
shall
haue
power
to
heare
and
examine
the
matter
,
and
finding
the
said
seruant
,
or
the
partie
so
refusing
,
faultie
in
the
premisses
,
vpon
such
proofes
and
good
matter
,
as
to
their
discretions
shall
be
thought
sufficient
,
to
co●mit
him
toward
,
there
to
remaine
without
baile
or
mainprise
,
vntill
he
shall
be
bound
to
the
partie
to
whom
the
offence
shall
be
made
,
to
continue
with
him
for
the
wages
limitted
by
this
statute
,
and
then
to
be
discharged
vpon
his
deliuerie
,
without
paying
any
fée
to
the
Gaoler
where
he
shall
be
so
imprisoned
.
And
as
the
Master
cannot
by
beating
,
nor
by
force
compell
his
seruant
,
38.
H.
6.
25.
21.
Ass.
p.
85
to
serue
him
against
his
will
:
No
more
can
a
Lord
compell
his
ward
,
A
Gardian
may
not
beat
his
ward
.
by
beating
,
or
by
force
to
come
vnto
him
,
or
to
tarie
with
him
against
his
will
:
But
if
he
doe
depart
from
him
,
then
his
Lord
is
to
haue
his
action
against
him
.
22.
Ass.
pla.
59.
27.
Ass.
p.
4.
Fitz
Trespas
238.
21
H.
6.
39.
21
If
A.
commaund
,
procure
,
or
hyre
B.
to
smite
,
Commaundement
of
batterie
.
or
beate
C.
and
he
doth
assault
and
beate
C.
in
the
presence
of
A.
In
this
case
,
C.
may
haue
an
action
of
Trespas
of
assault
and
batterie
against
A.
and
recouer
dammages
against
him
,
or
against
A.
and
B.
together
;
for
here
the
peace
was
broken
,
and
wrong
done
to
C.
by
the
meanes
and
perswasion
of
A.
And
B.
had
not
striken
with
his
weapon
,
if
A.
had
not
first
striken
with
his
tongue
.
And
the
same
law
is
,
if
A.
go
to
fight
with
C.
and
desireth
B.
to
go
with
him
,
and
after
doth
méete
with
C.
and
doth
assault
and
beate
him
;
In
this
case
C.
may
haue
an
action
of
Trespas
against
A.
and
B.
together
,
or
against
B.
alone
,
though
B.
did
not
assault
C.
nor
giue
him
any
blowe
,
and
recouer
dammages
against
him
,
because
he
came
in
company
with
one
,
that
intended
to
breake
the
peace
,
and
to
doe
an
vnlawfull
act
.
Hurting
at
some
exercise
.
22
If
two
or
more
doe
agrée
together
to
runne
at
tilt
,
iuste
,
barriers
,
Fitz.
barre
244.
or
to
play
at
backsword
,
bucklers
,
footebal
,
or
such
like
,
&
one
of
them
doth
beat
,
bruise
,
or
wound
an
other
;
the
party
grieued
shal
not
haue
an
action
of
Trespas
of
assault
&
batterie
against
the
other
:
for
that
it
was
a
combate
by
consent
,
&
put
in
practise
to
try
their
strength
,
valour
,
or
agilitie
,
&
not
to
break
the
peace
.
But
if
the
same
day
or
some
other
after
that
the
pastime
is
at
an
end
,
&
they
departed
a
sunder
,
one
will
assault
or
beate
an
other
,
in
respect
of
some
wrong
conceiued
to
be
receiued
in
the
time
of
the
said
play
;
then
an
action
of
Trespas
of
assault
&
battery
may
be
pursued
by
him
that
is
so
beaten
against
the
trespassor
.
Whipping
of
a
Vagabond
.
23
In
an
action
of
Trespas
of
assault
&
battery
,
it
is
a
good
plea
for
the
defendant
,
to
plead
,
that
the
plaintif
was
by
the
stat.
made
An.
39.
St.
39.
El.
4.
El.
(
intituled
an
Act
for
punishment
of
Rogues
,
Vagabonds
,
&
sturdy
beggers
)
declared
to
be
a
Rogue
,
Vagabond
,
or
sturdy
begger
,
&
that
he
was
taken
begging
,
vagrant
,
&
misordering
himselfe
at
L.
in
the
County
of
N.
&
that
vpon
his
apprehension
,
by
the
appointment
of
A.
B.
one
of
the
Iustices
of
peace
of
the
said
County
of
N.
or
of
the
Constable
,
Headborough
,
or
Tithingman
of
the
same
parish
of
L.
he
was
by
this
defendant
stripped
naked
from
the
middle
vpward
,
and
openly
whipped
vntill
his
body
was
bloudy
.
And
the
same
law
is
if
any
Iustice
of
peace
,
Maior
,
Bailife
,
or
other
head
officer
shall
commit
any
offendor
which
shall
cut
or
vnlawfully
take
away
any
corne
or
graine
growing
,
or
robbe
any
orchards
or
gardens
,
or
breake
or
cut
any
hedge
,
pales
,
railes
,
or
fence
,
or
digge
,
pul
vp
,
or
take
vp
any
fruit
trées
,
or
trées
in
any
orchard
,
garden
,
or
elsewhere
,
to
the
intent
to
take
&
cary
the
same
away
;
Or
shall
cut
or
spoile
any
woods
,
or
vnderwoods
,
poles
,
or
trées
standing
,
not
being
felony
by
the
lawes
of
this
Realme
:
Or
shall
be
a
procuror
or
receiuor
knowing
the
same
(
contrary
to
the
statute
therefore
made
An.
43.
El.
intituled
,
Sta.
43.
El.
7.
an
act
to
auoid
and
preuent
diuers
misdemeanors
in
lewd
and
idle
persons
)
shal
be
committed
by
a
I.
of
Peace
,
or
by
a
head
officer
of
a
city
,
borough
&c.
to
some
Constable
or
other
inferiour
officer
of
the
city
,
borough
,
Towne
,
or
Hamlet
,
where
the
offence
shall
be
committed
,
or
the
partie
apprehended
,
to
be
whipped
.
If
in
this
case
the
said
Constable
,
or
other
inferior
officer
shall
whip
the
same
offendor
vntill
his
body
shal
be
bloudie
;
the
same
offendor
shall
neither
haue
an
action
of
Trespas
of
assault
&
battery
,
nor
other
remedy
against
the
said
Constable
or
officer
:
for
in
the
foresaid
cases
,
Punishments
by
the
order
of
law
.
&
in
all
other
cases
,
where
an
offendor
is
punished
for
petit
Larceny
by
whipping
,
&
for
other
offences
by
the
pillorie
,
the
stocks
,
the
tumbrell
,
or
otherwise
,
for
any
offence
committed
by
him
contrary
to
any
of
the
▪
lawes
or
statutes
of
the
Realme
,
there
is
no
peace
broken
,
nor
blame
to
be
imputed
to
him
or
them
which
do
execute
that
punishment
;
for
it
is
the
iustice
of
the
law
,
which
doth
inflict
those
punishments
vpon
offendors
for
transgressing
the
law
,
&
the
executioners
of
those
punishments
be
but
the
instruments
of
the
law
;
as
the
axe
is
in
the
Carpenters
hand
.
Battery
for
disobeying
of
a
writ
or
warrant
.
24
In
an
action
of
Trespas
of
assault
&
battery
,
21.
H.
7.
39.
Fitz.
Trespas
108.
it
is
a
good
plea
for
the
def.
to
plead
,
that
he
had
a
warrant
to
arrest
the
plaintife
,
and
that
by
force
of
that
warrant
he
did
arrest
him
,
&
then
the
plaintife
made
assault
vpon
him
,
&
therefore
the
hurt
which
he
receiued
,
was
by
his
own
assault
:
for
euery
subiect
is
bound
to
obey
the
K.
writs
,
&
all
mandates
,
precepts
,
&
warrants
awarded
by
his
Iustices
,
shirifes
and
officers
sufficiently
authorized
:
And
he
that
doth
resist
them
,
or
denyeth
to
obey
them
,
encountreth
the
iustice
of
the
law
;
and
therefore
the
beating
of
him
who
refuseth
to
submit
himselfe
to
the
obedience
of
the
Law
,
is
no
breach
of
the
peace
,
but
a
meane
to
performe
the
law
.
25
Though
the
Law
hath
a
regard
to
preserue
peace
betwéen
all
persons
,
and
in
all
places
,
and
caryeth
a
vigilant
eye
,
that
one
person
shall
not
menace
,
assault
,
beate
,
maihem
,
or
imprison
an
other
(
but
in
certaine
cases
,
and
for
some
speciall
causes
)
and
imposeth
an
heauie
burden
vpon
such
as
shall
breake
that
peace
by
any
of
the
meanes
aforesaid
:
Yet
she
hath
a
more
speciall
respect
to
some
ceraine
places
,
to
some
tymes
,
and
to
some
persons
;
and
caryeth
that
reuerend
and
due
care
and
consideration
of
them
;
that
she
inflicteth
a
more
sharpe
and
bitter
punishment
vpon
such
as
shall
violate
the
peace
in
them
,
or
to
the
offence
of
them
.
And
therefore
for
the
auoiding
of
the
disturbance
of
the
peace
in
the
Church
(
where
God
is
to
be
honoured
and
all
peace
to
be
preserued
)
and
to
continue
peace
to
preists
,
clerks
,
and
others
,
whilest
they
are
dooing
diuine
seruice
;
There
was
a
statute
made
Anno
50.
E.
3.
and
after
rehersed
and
continued
Anno
1.
Sta.
50.
E.
3.
1.
1.
R.
2.
15.
R.
2.
whereby
it
was
enacted
;
That
if
any
of
the
Kings
officers
,
or
other
person
,
doe
arrest
any
priest
,
clerke
,
or
other
,
Arresting
one
in
a
Church
dooing
diuine
seruice
.
which
is
doing
any
diuine
seruice
in
the
Church
,
Churchyard
,
or
other
place
dedicated
to
God
,
he
shall
be
imprisoned
,
and
punished
at
the
Kings
pleasure
,
and
further
shall
recompence
the
partie
arrested
.
But
no
people
of
the
Church
,
shall
kéepe
them
within
the
Church
,
or
Sanctuarie
by
fraud
or
●ellusion
.
26
And
because
it
is
most
necessarie
in
euery
Christian
common
weale
to
prouide
that
peace
and
tranquility
may
be
preserued
and
continued
among
the
people
,
and
specially
in
holy
Church
in
the
time
of
diuine
seruice
,
and
preaching
,
and
that
all
things
being
contrary
thereunto
,
or
that
are
or
may
be
in
disturbance
thereof
may
by
forsight
be
eschewed
and
auoyded
,
and
remedy
therefore
prouided
:
Sta.
1.
M.
3.
By
a
like
statute
made
Anno
1.
Reg.
M.
it
was
ordeined
,
That
if
any
person
of
his
owne
authoritie
,
Disturbance
of
a
preacher
in
his
sermon
.
shall
willingly
and
of
purpose
by
open
words
or
déeds
,
maliciously
or
contemtuously
disturbe
,
or
by
any
other
vnlawfull
wayes
disquiet
or
misuse
any
Preacher
allowed
to
preach
by
the
Quéene
,
or
by
any
Archbishop
or
Bishop
of
this
realme
,
or
by
any
other
lawfull
Ordinary
,
or
by
any
of
the
Vniuersities
of
Oxford
and
Cambridge
,
or
otherwise
lawfully
authorized
,
or
charged
by
reason
of
his
cure
,
benefice
,
or
spirituall
promotion
,
or
charge
,
in
his
open
sermon
,
preaching
,
or
collation
,
that
he
shall
preach
or
pronounce
in
any
Church
,
Chappell
,
or
Churchyard
,
or
in
any
other
place
vsed
or
appointed
:
then
euery
such
offendor
,
his
aydors
,
procurors
,
or
abbettors
,
immediatly
after
any
of
the
said
misdemeanors
committed
,
or
at
any
time
after
,
shal
be
arrested
by
any
Constable
or
Churchwarden
of
the
said
parish
,
towne
,
or
place
where
the
said
offence
shal
be
so
committed
,
or
by
any
other
officer
,
or
by
any
other
person
then
being
present
at
the
time
of
the
said
offence
,
and
carried
to
any
Iustice
of
peace
within
the
said
shire
,
or
within
any
City
,
borough
,
Libertie
or
towne
corporat
,
wherein
Iust.
of
P.
be
,
where
the
said
offence
shal
be
so
committed
:
And
the
said
Iustices
vpon
due
accusations
thereupon
made
by
the
apprehendor
,
or
other
person
,
of
the
offendor
,
forthwith
shal
commit
him
to
safe
kéeping
:
&
within
6.
days
immediatly
after
the
said
accusation
so
made
,
the
said
Iust.
with
one
other
Iust.
of
P.
within
the
shire
,
city
,
borough
,
liberty
,
or
town
corporat
shal
diligently
examin
the
offence
aforesaid
.
And
if
the
said
two
Iustices
shall
vpon
their
examination
find
the
person
so
accused
guiltie
of
any
of
the
said
offences
,
whereof
he
shall
be
accused
,
and
that
by
two
sufficient
witnesses
,
or
by
his
confession
;
then
they
shall
commit
him
to
the
Gaole
of
the
said
Shire
,
City
,
Borough
&c.
where
the
offence
was
committed
;
there
to
remaine
without
baile
or
mainprise
by
the
space
of
thrée
moneths
then
next
ensuing
,
and
further
to
the
next
quarter
sessions
&c.
at
which
sessions
the
said
person
vpon
his
reconciliation
&
repentance
before
the
said
Iustices
at
the
said
sessions
,
shall
be
deliuered
out
of
prison
vpon
sufficient
surety
of
his
good
abearing
,
and
behauiour
,
to
be
then
and
there
taken
by
the
said
Iustices
for
one
whole
yeare
then
next
ensuing
,
as
by
the
discretion
of
the
said
Iustices
then
and
there
being
,
or
of
the
more
part
of
them
shall
be
thought
conuenient
.
And
if
the
said
person
will
not
be
reconciled
,
and
repent
at
the
said
quarter
sessions
,
then
he
shall
be
further
committed
to
the
said
Gaole
by
the
said
Iustices
;
there
to
remaine
without
baile
or
mainprise
,
Rescuing
the
offendor
,
or
disturbing
the
arrest
.
vntill
he
shall
be
reconciled
and
be
penitent
&c.
And
if
any
person
or
persons
of
their
owne
authoritie
willingly
and
vnlawfullie
doe
rescue
any
offendor
so
apprehended
,
or
will
disturbe
the
said
offendor
to
be
apprehended
;
then
euery
of
the
said
Rescuers
or
disturbers
shall
suffer
like
imprisonment
as
is
aforesaid
,
and
further
shall
pay
for
euery
of
his
offences
v.
l.
to
the
Quéene
.
The
punishment
of
the
Town
where
the
offendor
dothe
scape
.
If
any
of
the
offendors
aforesaid
be
not
apprehended
in
time
conuenient
but
doe
escape
,
then
the
said
escape
shall
be
lawfully
presented
before
the
Iustices
of
peace
at
the
next
quarter
sessions
&c.
and
the
Inhabitants
of
the
parish
where
the
said
escape
was
suffred
,
shall
forfeite
to
the
Quéene
&c.
for
euery
such
offence
v.
l.
to
be
leuied
and
taken
as
other
like
amerciaments
and
fines
be
leuied
vpon
any
village
,
hundred
,
or
towne
,
for
the
escape
of
any
murderer
,
or
other
felon
,
for
not
making
pursuit
vpon
huy
and
cry
,
according
to
the
Statute
of
Winchester
,
and
the
statute
of
3.
Punishment
by
Ecclesiasticall
laws
.
H.
7.
1.
This
Act
shall
not
extend
to
take
away
the
authority
and
punishment
of
the
Ecclesiasticall
lawes
standing
in
force
,
for
the
punishment
of
any
of
the
offences
aforesaid
:
But
they
shall
be
vsed
in
euerie
thing
,
as
though
this
act
had
neuer
ben
made
.
Whatsoeuer
person
offending
in
the
premisses
,
shal
for
any
the
offences
afore
recited
,
receiue
punishment
of
the
Ordinary
,
hauing
Testimoniall
thereof
vnder
the
said
Ordinaries
seale
,
shall
not
for
the
said
offence
eftsoones
be
conuicted
before
the
Iustices
:
Eté
conuerso
.
27
To
the
intent
vtterly
to
take
away
all
quarreling
,
brawling
,
fraying
,
and
fighting
openly
in
Churches
and
Churchyards
,
by
a
statute
made
An.
5.
&
6.
E.
6.
it
was
ordained
;
Sta.
5.
&
6.
E.
6.
4
That
if
any
person
whatsoeuer
doe
by
words
only
quarrell
,
Chiding
in
a
Church
or
Churchyard
.
chide
,
or
brawle
in
any
Church
or
Churchyard
;
Then
it
shall
be
lawfull
to
the
Ordinary
of
the
place
,
where
the
offence
is
done
,
and
proued
by
two
lawfull
witnesses
,
to
suspend
him
being
a
Layman
ab
ingressu
Ecclesiae
,
and
being
a
clerke
from
the
Ministration
of
his
office
,
so
long
as
he
thinketh
méete
,
Smiting
in
a
Church
or
Churchyard
.
according
to
the
fault
.
And
if
any
person
or
persons
shall
smite
or
lay
any
violent
hands
vpon
any
other
,
either
in
any
Church
,
or
Churchyard
;
then
ipso
facto
euery
person
so
offending
shall
be
déemed
excommunicat
,
and
be
excluded
from
the
fellowship
and
company
of
Christs
congregation
.
And
if
any
person
shall
maliciously
strike
any
person
with
any
weapon
in
any
Church
or
Churchyard
,
Drawing
or
smiting
with
a
weapon
in
a
Church
.
or
shall
draw
any
weapon
in
any
Church
or
Churchyard
,
to
the
intent
to
strike
an
other
with
the
same
weapon
;
then
euery
person
so
offending
,
and
thereof
being
conuicted
by
verdict
of
xij
.
men
,
or
by
his
owne
confession
,
or
by
two
lawfull
witnesses
before
the
Iustices
of
assise
,
Iustices
of
oyer
and
determiner
,
or
Iustices
of
peace
in
their
sessions
,
shall
be
adiudged
by
the
same
Iustices
before
whom
such
person
shall
be
conuicted
,
to
haue
one
of
his
eares
cut
off
.
And
if
the
person
or
persons
so
offending
haue
none
eares
,
whereby
they
should
receiue
such
punishment
,
as
is
aforesaid
;
Then
he
or
they
to
be
marked
and
burned
in
the
chéeke
with
an
hot
yron
hauing
the
letter
F.
whereby
he
or
they
may
be
knowne
and
taken
for
fray
makers
,
and
fighters
;
and
besides
that
,
euery
such
person
to
be
and
stand
ipso
facto
excommunicated
as
is
aforesaid
.
28
As
the
law
hath
alwaies
had
a
principall
and
most
speciall
regard
,
that
there
should
be
no
breach
,
or
disturbance
of
the
peace
,
to
those
persons
,
places
,
and
tymes
,
which
be
dedicated
and
deuoted
to
the
seruice
of
God
,
to
the
Ministration
of
his
Sacraments
,
and
preaching
of
his
worde
:
So
hath
she
a
secondarie
respect
,
that
the
King
the
head
of
the
Realme
and
chiefe
fountaine
of
peace
,
may
haue
tranquillitie
and
peace
,
at
the
time
,
and
in
the
place
,
where
he
doth
rest
,
and
in
person
make
his
aboade
:
whereupon
by
a
Statute
made
Anno
33.
H.
8.
it
was
enacted
,
Drawing
of
bloud
within
the
Kings
pallace
.
That
if
any
person
shall
maliciously
strike
any
other
person
,
Stat.
33.
H.
8.
12.
whereby
bloud
shall
be
shed
in
any
of
the
Kings
houses
or
pallaces
,
or
in
any
other
house
,
where
the
Kings
Maiestie
his
heires
&c.
●●●t
be
at
that
tyme
abiding
in
his
royall
person
,
(
viz.
within
any
edifices
,
courts
,
places
,
gardens
,
orchards
,
or
houses
within
the
Porters
warde
of
any
the
houses
aboue
rehearsed
,
or
within
any
gardens
,
priuy
walkes
,
orchards
,
tilt-yards
,
woodyards
,
tennis
playes
,
cockfights
,
bowling
allies
,
neare
adioyning
to
any
of
the
houses
aforesaid
,
and
being
part
of
the
same
,
or
within
200.
foote
of
the
standard
of
any
outward
gate
,
or
gates
of
any
of
the
said
houses
,
commonly
vsed
for
passage
from
any
of
the
houses
&c.
and
shall
be
thereof
indicted
,
arraigned
,
and
attainted
according
to
the
Statute
in
that
case
prouided
,
he
shall
haue
his
right
hand
stricken
off
,
be
imprisoned
during
his
life
,
and
make
fine
to
the
King
at
his
pleasure
.
But
this
act
,
nor
the
paines
and
forfaitures
before
rehearsed
,
shall
not
extend
to
any
Noble
man
,
or
other
person
that
shall
strike
his
seruant
within
the
said
pallaces
or
houses
,
or
the
limits
of
the
same
,
with
his
hand
,
or
fist
,
or
any
small
staffe
,
or
sticke
for
correction
for
any
offence
committed
;
Nor
to
any
of
the
Kings
officers
,
that
in
executing
his
office
shall
strike
any
person
with
his
hand
or
fist
,
or
small
staffe
,
sticke
,
or
tipstaffe
;
Nor
to
any
other
person
,
that
in
doing
seruice
at
any
triumphe
,
or
any
other
time
of
seruice
,
by
the
King
,
or
any
of
his
Councell
,
or
other
his
head
officers
commaundement
,
shall
for
the
executing
of
his
said
seruice
,
strike
any
person
,
with
his
hand
,
fist
,
small
staffe
,
or
sticke
,
or
any
tipstaffe
within
the
same
pallace
,
house
&c.
although
by
reason
of
the
same
stroake
or
stroakes
there
happen
to
be
any
bloud
shead
of
such
person
as
shall
be
so
striken
,
except
the
person
so
stricken
dye
of
the
same
stroake
within
one
yeare
next
after
.
Long
time
before
the
making
of
this
statute
King
Alured
ordeined
a
law
,
Leges
Aluredi
cap.
7.
That
if
any
man
did
strike
or
draw
a
weapon
of
iron
to
strike
in
the
Kings
pallace
,
the
King
might
,
it
he
pleased
,
put
him
to
death
.
29
Because
they
which
vpon
the
Kings
commaundement
do
come
to
his
councell
,
or
vpon
his
summons
doe
resort
to
his
Parliament
,
doe
make
their
repaire
thitherto
further
the
wealth
and
peace
of
the
Realme
;
it
hath
béen
therfore
thought
reason
that
during
the
time
of
the
said
councel
&
Parliament
they
should
not
be
depriued
of
that
peace
which
they
endeaour
to
procure
to
others
and
themselues
.
Assault
vpon
one
which
commeth
to
the
Parliament
.
Wherefore
by
a
Statute
made
Anno
11.
H.
6.
Stat.
11.
H.
6.
11.
it
was
ordeined
:
That
if
any
assault
or
fray
be
made
vpon
any
Lord
Spirituall
,
or
Temporall
,
Knight
of
the
Shire
,
Citizen
,
or
Burgesse
,
which
commeth
to
the
Parliament
,
or
to
the
Kings
Councell
by
his
commaundement
,
and
there
being
and
attending
;
then
Proclamation
shall
be
made
in
the
most
open
place
of
the
Towne
where
the
fray
was
made
by
thrée
seuerall
dayes
,
that
the
partie
which
made
such
affraye
or
assault
shall
yéeld
himselfe
in
the
Kings
Bench
within
a
quarter
of
a
yeare
next
after
the
Proclamation
made
,
if
it
be
in
the
Terme
tyme
,
or
otherwise
at
the
first
day
of
the
Terme
following
the
said
quarter
.
And
if
he
doe
not
,
he
shall
be
attainted
of
the
deede
,
and
pay
to
the
party
grieued
his
double
dammages
,
to
be
taxed
by
the
discretion
of
the
Iustices
of
the
same
bench
,
or
by
the
inquest
if
it
be
needfull
,
and
shall
make
fine
and
ransom
at
the
Kings
pleasure
.
And
if
he
come
,
and
be
found
guiltie
by
inquest
,
by
examination
,
or
otherwise
,
of
such
affray
or
assault
,
then
he
shall
pay
to
the
partie
grieued
his
double
dammages
found
by
the
inquest
,
or
to
be
taxed
by
the
discretion
of
the
said
Iustices
,
and
make
fine
and
ransom
at
the
Kings
pleasure
.
Assaulting
the
seruant
of
a
Parliament
man
.
And
by
the
Statute
made
Anno
5.
H.
4.
it
was
enacted
,
St.
5.
H.
4.
6.
That
he
shall
haue
the
like
punishment
which
maketh
assault
or
fray
,
in
the
Parliament
tyme
,
vpon
any
meniall
seruant
of
any
Knight
of
the
Parliament
,
Citizen
,
Burgesse
&c.
which
doth
come
to
the
Parliament
with
his
master
.
The
libertie
of
the
Clergie
as
a
conuocation
.
And
by
the
Statute
of
Anno
8.
H.
6.
it
was
prouided
,
St.
8.
H.
6.
1.
That
al
the
Clergie
,
which
be
called
to
the
conuocation
by
the
Kings
writ
,
and
all
their
seruants
,
and
familiars
,
shall
fully
vse
,
and
enioy
such
libertie
,
or
defence
,
in
comming
,
tarying
,
and
returning
,
as
the
great
men
and
Commons
of
the
Realme
haue
,
or
are
wont
,
or
ought
to
enioy
,
which
are
called
to
the
Parliament
.
30
Séeing
the
wealth
and
peace
of
the
Realme
doth
chiefely
consist
in
the
due
execution
of
Iustice
,
which
cannot
be
ministred
without
méete
persons
,
and
places
ordeined
therefore
;
for
that
cause
the
Law
hath
specially
prouided
,
that
those
persons
and
places
which
be
designed
to
the
same
Administration
of
Iustice
,
shall
be
so
guarded
and
protected
from
force
and
violence
offered
vnto
them
,
or
in
them
,
that
shee
hath
inflicted
déeper
and
more
greiuous
punishments
to
those
who
shall
breake
or
disturbe
the
peace
,
in
the
presence
of
those
Magistrates
,
or
in
those
places
,
than
to
them
who
shall
breake
the
peace
in
the
Kings
own
pallace
,
where
he
is
in
person
abiding
,
or
in
the
Parliament
time
ordeined
for
the
making
of
Laws
.
Assaulting
a
Iudge
or
Iuror
.
And
therefore
it
hath
bene
adiudged
;
22.
Ed.
3.
13.
That
if
one
draw
his
sword
to
strike
a
Iustice
assigned
sitting
in
place
of
iudgement
,
and
be
thereof
found
guiltie
,
he
shall
forfeite
his
lands
and
chattels
,
and
haue
his
right
hand
cut
off
.
And
likewise
if
one
in
the
presence
of
the
Iustices
doe
strike
a
Iuror
,
he
shall
forfeite
his
lands
and
goods
,
haue
his
right
hand
striken
off
,
and
be
committed
to
perpetuall
prison
.
And
the
same
Law
is
,
if
one
of
the
Kings
Iustices
assigned
doth
arrest
any
person
,
which
hath
made
a
fray
before
him
,
and
a
straunger
will
rescue
that
prisoner
,
whereby
he
doth
escape
,
in
this
case
,
as
well
the
prisoner
,
as
he
that
made
the
rescous
shall
be
disherited
,
and
be
perpetually
imprisoned
,
for
that
the
attachment
of
such
a
Iustice
is
the
Kings
owne
attachment
in
the
construction
of
the
Law
.
Striking
in
time
or
place
of
Iustice
.
And
if
one
doe
strike
an
other
in
Westminster
Hall
,
Fitz
:
Cor.
280.
2.
&
3.
P.
&
.
M.
Dy.
188.
during
the
time
that
the
Kings
Courts
do
sit
,
hee
shall
forfeite
to
the
King
his
lands
and
goods
,
haue
his
right
hand
cut
off
,
and
bee
committed
to
perpetuall
prison
.
4.
H.
7.
2.
31
In
an
action
of
Trespas
of
assault
and
batterie
,
the
defendant
pleaded
,
Arresting
by
watchmen
.
that
there
were
diuers
felonies
committed
in
those
parts
where
he
dwelt
,
and
he
being
watching
in
his
house
,
came
into
the
high
Stréete
,
where
the
plaintife
was
at
eleuen
of
the
clocke
in
the
night
,
and
the
defendant
came
vnto
him
,
and
laid
his
hands
in
peaceable
maner
vpon
him
to
sée
his
face
,
and
when
he
perceiued
that
he
was
a
true
man
,
he
left
him
&
departed
,
which
was
the
same
assault
and
batterie
:
And
this
was
allowed
to
be
a
good
iustification
;
for
by
the
statute
of
Winchester
,
watchmen
may
arrest
Nightwalkers
,
and
also
may
appose
them
from
whence
they
come
,
and
what
they
be
;
but
they
must
be
such
watchmen
,
as
be
appointed
by
the
Towne
:
And
so
euery
man
may
arrest
Nightwalkers
,
for
it
is
for
the
good
of
the
Common
wealth
.
The
same
law
is
in
an
action
of
Trespas
brought
of
the
assault
and
batterie
of
his
seruant
,
4.
H.
7.
18.
5.
H.
7.
5.
2.
Ed.
4.
8.
whereby
he
did
loose
his
seruice
3.
daies
,
and
the
defendant
pleaded
,
that
A.
was
robbed
at
midnight
,
of
goods
to
the
value
of
xl
.
s.
whereupon
the
said
A.
came
to
the
Constable
,
and
prayed
him
to
search
for
suspicious
persons
,
and
to
apprehend
and
arrest
them
,
and
accordingly
he
did
search
,
and
found
the
same
seruant
walking
suspiciously
in
the
stréete
in
the
night
,
and
therefore
he
would
haue
arrested
him
,
but
the
said
seruant
fled
,
and
would
not
yéeld
to
the
arrest
,
and
the
defendant
by
the
Constables
commaundement
pursued
and
tooke
him
:
This
was
adiudged
a
good
plea
in
barre
;
for
when
a
felonie
is
committed
,
the
Constable
,
or
any
others
may
arrest
suspitious
persons
:
and
if
any
that
is
arrested
will
not
yéeld
,
but
assault
him
or
them
that
do
arrest
him
,
they
may
iustifie
the
beating
of
him
,
for
that
he
doth
resist
the
peace
,
and
iustice
of
the
Realme
,
when
he
doth
forciblie
striue
to
flie
,
and
not
to
be
iustified
by
it
.
30.
Ed.
3.
4.
29.
Ass.
p.
63.
28.
Ed.
3.
92.
6.
H.
4.
7.
32
If
a
man
be
assaulted
and
beaten
,
Trespas
for
batterie
before
outlawrie
.
and
then
be
outlawed
in
an
action
of
Trespas
,
and
after
doth
purchase
his
Charter
of
pardon
,
which
is
allowed
;
he
may
haue
an
action
of
Trespas
against
the
offendor
,
for
the
assault
&
batterie
made
before
the
Outlawrie
,
for
the
said
outlawrie
shall
not
extinguish
his
action
,
nor
cause
that
offence
,
which
before
was
punishable
to
be
vnpunished
:
And
if
the
partie
beaten
should
not
haue
his
Action
,
the
iniurie
done
vnto
him
should
be
vnpunished
:
for
the
King
shall
haue
no
remedy
to
recouer
damages
for
this
batterie
done
to
the
person
of
him
that
was
outlawed
,
29.
Ass.
p.
47
63.
as
he
might
haue
had
,
if
any
debt
had
béen
owing
,
or
any
goods
had
béen
taken
from
the
outlaw
before
his
outlawrie
:
And
the
Law
doth
expect
,
that
for
the
peace
broken
,
and
the
wrong
done
to
the
partie
grieued
,
the
same
partie
shall
vpon
his
action
of
Trespas
brought
,
be
recompenced
by
the
recouerie
of
his
dammages
,
and
the
king
satisfied
for
his
peace
broken
by
a
fine
.
11.
H.
4.
65.
9.
H.
6.
60.
27.
Ass.
p.
57
33
In
an
action
of
Trespas
of
assault
and
batterie
,
A
man
first
indicted
of
batterie
,
and
after
sued
for
the
same
trespas
.
the
defendant
pleaded
not
guiltie
,
the
plaintife
replied
,
that
the
defendant
was
before
that
time
indicted
before
the
Iustices
of
Peace
of
the
same
Countie
,
of
the
said
assault
and
batterie
,
and
thereupon
proces
was
awarded
against
him
for
the
kings
fine
,
who
then
appeared
,
and
pleaded
,
that
the
hurt
which
the
plaintife
receiued
was
by
his
owne
assault
,
and
thereupon
they
were
at
issue
,
and
before
the
verdict
,
the
defendant
appeared
,
and
confessed
the
Trespas
,
and
submitted
himselfe
to
the
Kings
fauour
,
and
made
his
fine
;
and
demaunded
iudgement
,
if
he
should
be
allowed
to
plead
not
guiltie
,
contrarie
to
his
owne
confession
:
and
this
was
adiudged
a
good
Replication
,
and
an
Estoppell
of
the
said
plea
in
barre
.
And
then
the
defendant
pleaded
,
that
the
hurt
which
the
plaintife
receiued
was
by
his
owne
assault
,
vpon
which
plea
the
plaintife
demurred
,
séeing
the
defendant
before
had
pleaded
that
plea
against
the
King
.
And
then
he
also
waiued
that
plea
,
and
confessed
the
trespas
:
whereupon
a
writ
was
awarded
to
inquire
of
dammages
.
And
so
for
this
assault
and
batterie
the
king
was
first
intituled
to
a
fine
by
the
Indictment
,
and
after
the
partie
grieued
recouered
dammages
,
by
an
action
of
Trespas
.
34
Imprisonment
is
where
a
man
is
arrested
by
force
,
&
against
his
will
,
and
is
restrained
of
his
libertie
,
What
imprysonment
is
.
and
put
in
a
common
Gaole
,
or
other
gaole
,
Lib.
Intrac
.
fol.
319.
in
a
cage
,
or
in
the
stockes
,
or
otherwise
kept
in
the
high
streete
,
or
open
field
,
if
he
be
in
restraint
,
and
cannot
go
at
libertie
when
he
will
,
but
is
bound
to
become
obedient
to
the
will
of
the
Law
,
and
is
in
the
custodie
of
the
Law
.
And
in
all
the
cases
aforesaid
,
the
partie
so
restrained
,
is
said
to
be
a
prisoner
,
so
long
as
he
hath
not
his
liberty
,
fréely
to
go
at
all
times
,
when
he
will
,
without
baile
,
mainprise
,
or
other
restraint
:
And
therefore
if
one
person
do
arrest
,
imprison
,
or
otherwise
restraine
an
other
person
of
that
libertie
,
without
sufficient
and
lawfull
cause
,
the
partie
grieued
may
haue
an
action
of
False
imprisonment
,
or
an
action
of
Trespas
against
him
that
doth
so
arrest
,
An
action
of
False
imprysonment
.
or
imprison
him
,
and
recouer
damages
against
him
.
And
the
King
shall
also
haue
a
fine
of
him
,
for
that
his
law
is
contemned
,
and
his
peace
is
broken
,
in
that
one
of
his
subiects
presumeth
to
imprison
an
other
without
sufficient
warrant
of
him
,
or
his
law
;
seeing
imprisonment
of
an
other
by
only
act
,
will
,
or
commaundement
(
without
offence
of
the
Law
)
is
one
of
the
kings
most
royall
prerogatiues
,
and
only
annexed
to
the
maiestie
,
dignitie
,
and
imperiall
Crowne
of
this
Realme
:
For
by
the
Statute
of
Magna
charta
it
was
specially
ordeined
,
Stat.
9.
H.
3.
29.
That
no
man
shall
be
taken
or
imprisoned
,
or
disseised
of
his
fréehold
,
or
liberties
,
or
frée
customes
,
or
be
outlawed
,
or
exiled
,
or
any
other
wayes
destroyed
,
neither
shall
any
passe
or
fit
in
iudgement
vpon
him
,
but
by
lawfull
iudgement
of
his
Péeres
,
or
by
the
Law
of
the
land
.
And
by
the
statute
of
Ann
28.
Ed.
3.
it
was
enacted
,
Stat.
28.
Ed.
3.
3.
That
no
man
shall
be
put
out
of
his
land
or
tenement
,
nor
imprysoned
,
nor
disherited
,
nor
put
to
death
,
without
being
brought
in
aunswere
by
due
proces
of
the
Law
.
And
therefore
whereas
the
Maior
and
Burgesses
of
a
towne
corporate
(
being
before
authorized
by
the
Kings
letters
patents
to
make
ordinances
for
the
good
gouernment
of
the
same
Towne
)
did
condiscend
amongst
themselues
,
Co.
Lib.
5.
64.
to
leuie
a
summe
of
money
for
the
charges
of
a
lawfull
and
necessarie
act
to
be
done
in
the
same
Towne
,
and
did
further
agrée
,
that
if
any
of
them
did
refuse
to
pay
his
part
of
that
contribution
money
so
assessed
,
to
be
paied
,
that
then
he
should
be
committed
to
pryson
vntill
he
had
paid
it
:
and
after
one
of
the
Burgesses
of
the
Towne
which
before
had
agréed
to
the
same
assessement
&
ordinance
,
Voluntarie
consent
,
no
cause
of
imprysonment
.
refused
to
pay
the
money
which
he
was
by
the
residue
assigned
and
assessed
to
pay
:
whereupon
the
Maior
of
the
same
Towne
committed
him
to
pryson
,
against
whom
the
same
Burgesse
brought
his
action
of
False
imprisonment
,
and
recouered
dammages
against
the
same
Maior
:
for
though
the
same
Burgesse
,
&
all
others
of
the
same
Corporation
might
haue
submitted
himselfe
to
haue
paid
a
summe
of
money
,
to
haue
béen
leuied
by
distresse
,
or
action
of
debt
,
if
he
or
they
had
not
performed
the
same
order
,
&
paid
his
part
of
that
contribution
:
yet
the
libertie
or
impri●onment
of
his
bodie
resteth
in
the
censure
&
iudgement
of
the
Law
,
and
not
in
his
owne
disposition
.
As
if
B.
do
promise
C.
or
be
bound
by
Obligation
vnto
him
,
that
if
he
do
not
paie
vnto
the
same
C.
xx
.
li.
within
sixe
monethes
,
that
then
C.
shall
take
and
impryson
him
,
vntill
he
hath
paid
it
:
notwithstanding
B.
do
not
pay
to
C.
the
same
xx
.
l.
at
the
time
assessed
,
C.
may
not
imprison
B.
for
it
,
though
it
was
his
owne
promise
,
agréement
,
or
bond
:
for
that
B.
is
not
iudged
by
his
péeres
or
condemned
by
the
law
of
the
land
according
to
the
foresaid
statute
of
Magna
Charta
.
Neither
is
he
brought
to
answere
by
due
Proces
of
the
law
according
to
the
purport
of
the
before
specified
statute
of
An
28.
E.
3.
35
But
in
many
cases
one
person
may
arrest
,
Imprisonment
by
the
commaundment
of
the
King
,
his
Iustices
,
&c.
imprison
and
restrayne
an
other
of
his
libertie
and
no
action
of
false
imprisonment
,
action
of
Trespas
,
or
other
remedie
will
be
had
against
him
.
As
first
it
is
a
lawfull
imprisonment
which
is
done
by
the
absolute
commaundement
of
the
King
,
the
chiefe
Soueraigne
head
of
the
common
weale
by
his
owne
mouth
,
or
by
the
priuie
Councell
,
(
which
speake
and
direct
by
his
Authoritie
)
or
by
the
absolute
commaundement
of
the
Kings
Iustices
:
Or
for
the
forrest
:
Or
for
the
detestable
offence
of
wilfull
murder
.
And
the
common
law
doth
prohibit
the
prisoner
to
be
mainpernable
in
all
the
foresaid
cases
,
Stat.
3.
E.
1.
15.
as
it
appeareth
by
the
statute
of
Westm
1.
36
He
is
lawfully
imprisoned
as
a
speciall
disturber
of
the
peace
,
Imprisonment
for
notorious
&
great
offences
.
who
is
committed
to
prison
,
for
any
great
and
notorious
offence
,
viz.
such
as
we
doe
call
Mala
per
se
,
which
be
hated
,
abhorred
,
and
persecuted
in
all
Kingdomes
,
Prouinces
,
Cities
,
and
well
gouerned
common
weales
:
As
Treasons
,
murders
,
rapes
,
burglaries
,
robberies
&c.
And
it
appeareth
by
the
statute
of
West
.
1.
that
he
is
lawfully
imprisoned
which
before
was
outlawed
:
And
he
which
is
an
approuer
:
Stat.
3.
E.
1.
15.
And
that
felon
which
is
taken
with
the
manner
:
And
he
which
hath
broken
the
Kings
prison
:
And
he
which
is
a
théefe
openly
defamed
,
and
knowen
:
And
he
which
is
appelled
by
an
approuor
:
And
he
which
is
taken
for
burning
of
a
house
feloniously
done
:
Or
for
false
money
:
Or
for
counterfeiting
the
Kings
seale
:
And
he
which
is
excommunicat
taken
at
the
Bishops
request
:
And
he
which
is
taken
for
a
manifest
offence
,
or
for
Treason
touching
the
King
:
in
which
said
cases
the
offendor
shall
be
committed
to
prison
and
not
be
let
to
baile
or
mainprise
.
St.
1.
Iac.
12.
And
if
any
person
shall
be
once
conuicted
that
he
did
take
vpon
him
by
witchcraft
,
inchantment
,
charme
,
Witchcraft
,
charme
,
sorcery
.
or
sorcerie
to
declare
in
what
place
any
treasure
of
gold
or
siluer
might
be
had
,
or
where
things
lost
,
or
stollen
,
should
be
found
,
or
to
the
intent
to
prouoke
any
person
to
vnlawfull
loue
,
or
whereby
any
cattell
or
goods
of
any
person
shall
be
distroyed
,
wasted
,
or
impaired
,
or
to
hurt
or
distroy
any
person
in
his
or
her
body
,
S.
Felony
by
Statute
.
although
the
same
be
not
effected
:
Then
he
shall
suffer
imprisonment
one
whole
yeare
without
baile
,
or
mainprise
,
and
shall
stand
vpon
the
Pillorie
&c.
for
he
that
declareth
the
things
aforesaid
,
by
any
of
the
meanes
aforesaid
,
receiueth
his
knowledge
therein
,
and
practiseth
to
effect
the
same
,
by
the
inspiracion
of
the
Deuill
,
the
professed
enemie
of
mans
peace
,
and
so
committeth
a
great
and
notorious
offence
,
and
worthily
deserueth
imprisonment
.
37
He
is
lawfully
imp●isoned
who
is
found
by
verdict
,
Imprisonment
for
offences
done
vi
&
armis
.
or
by
his
owne
confession
conuicted
for
any
offence
done
vi
et
armis
and
against
the
Kings
peace
:
for
the
law
hath
orda●●ed
that
all
things
shall
be
done
,
and
all
sutes
prosecuted
betwéene
one
memb●r
of
the
common
weale
and
an
other
with
all
tranquilitie
and
quietnes
,
and
he
that
doth
any
thing
in
perturbation
of
that
tranquilitie
,
breaketh
the
Kings
peace
,
and
so
shal
be
committed
to
prison
,
as
a
disturber
of
the
peace
,
vntill
he
hath
paied
vnto
the
King
a
fine
.
And
therefore
in
an
action
of
Trespas
or
false
imprisonment
,
if
the
plaintife
do
declare
against
the
defendant
,
that
he
did
such
an
offence
,
or
made
such
a
trespas
,
vi
&
armis
&
contra
pacem
,
the
defendant
doth
first
and
principally
séeke
to
auoyd
that
,
to
cleare
him selfe
of
force
,
and
the
breach
of
the
peace
,
and
doth
plead
thereunto
Quoad
venire
vi
&
armis
&
quicquid
est
contra
pacem
non
est
culpabilis
&c.
Accordingly
in
an
Assise
brought
against
foure
men
,
2.
Ass.
p.
8.
12.
Ass.
pla.
33.
it
was
found
by
verdict
that
one
of
them
came
with
force
and
armes
,
and
all
foure
were
committed
to
prison
because
in
Trespas
all
be
principals
,
and
none
be
accessories
;
and
yet
if
any
of
them
had
bin
within
age
,
then
he
should
not
haue
béen
imprisoned
.
14.
E.
3.
18.
16.
Ass.
p.
7.
But
if
a
woman
couert
be
found
a
disseisoresses
with
force
,
she
shall
be
committed
to
prison
,
22.
ass.
p.
87.
And
if
an
action
of
Trespas
of
battery
be
brought
against
the
husband
and
wife
,
and
it
be
found
by
verdict
that
the
wife
was
guiltie
of
the
battery
,
but
not
the
husband
,
the
wife
shall
be
imprisoned
,
and
not
the
husband
.
If
he
that
is
proued
to
be
a
disseisor
in
an
assise
be
found
to
haue
carried
away
any
goods
,
this
is
an
attainder
of
force
,
11.
H.
4.
17.
and
he
shal
be
imprisoned
without
furder
inquiry
of
the
force
,
for
so
it
is
ordayned
by
the
statute
of
Anno
4.
H.
4.
St.
4.
H.
4.
8.
17.
Ass
pla.
14.
If
a
man
do
giue
councell
to
others
to
do
a
disseisin
with
force
,
whereby
they
do
it
,
this
shall
be
adiudged
a
disseisin
in
him
,
and
he
shall
be
imprisoned
.
In
an
Assise
if
the
defendant
do
pleade
a
plea
wherein
an
Duster
is
not
denied
,
which
is
found
against
him
,
he
shall
be
imprisoned
,
28.
Ass.
p.
15
though
he
doth
not
confesse
the
Duster
:
And
he
that
confesseth
an
Duster
,
40.
Ass.
pla.
16.
19.
H.
6.
8.
if
the
Issue
be
found
against
him
shal
be
imprisoned
.
In
an
action
of
Trespas
brought
for
fishing
by
force
and
armes
in
his
seuerall
fishing
,
the
defendant
was
found
guiltie
,
and
was
committed
to
prison
.
In
an
assise
of
rent
charge
against
thrée
terre
tenants
,
it
was
found
that
the
rent
was
behinde
,
and
the
plaintife
distrayned
,
and
one
of
them
made
rescous
,
39.
Ass.
p.
4.
and
therefore
they
were
all
adiudged
disseisors
,
but
none
were
imprisoned
but
he
that
made
the
Rescous
.
9.
Ass.
p.
7.
And
in
euery
case
of
force
where
any
Trespas
is
found
vi
&
armis
,
false
imprisonment
,
or
assise
,
the
iudgement
shall
be
,
quod
defend'
capiatur
,
22.
Ass.
pla.
87.
for
he
shall
be
imprisoned
for
the
Kings
fine
,
and
when
he
doth
pay
the
Kings
fine
he
shall
be
deliuered
.
38
As
one
person
may
be
imprisoned
who
menaceth
,
assaulteth
,
or
beateth
the
person
of
an
other
,
or
with
force
and
armes
entereth
vpon
his
lands
or
tenements
or
violently
taketh
away
his
goods
or
chattels
;
so
by
the
statute
of
Anno
2.
Imprisonment
for
Riots
.
H.
5.
St.
2.
H.
5.
8.
where
thrée
persons
or
more
be
attainted
of
great
and
heinous
Riots
,
they
shall
haue
one
whole
yeares
imprisonment
at
the
least
,
without
being
deliuered
by
baile
or
mainprise
,
S.
Riots
11.
or
in
any
other
manner
during
the
said
yeare
:
And
if
the
Rioters
be
attainted
of
petit
Riots
,
they
shall
haue
imprisonment
as
the
King
and
his
Councell
shall
thinke
good
.
And
by
the
statute
made
Anno
1.
M.
it
was
enacted
,
St.
1.
M.
12.
S.
Riots
36.
that
if
any
persons
aboue
the
number
of
two
,
and
vnder
the
number
of
twelue
being
assembled
together
,
shall
intende
,
practise
,
or
put
in
vre
,
with
force
of
armes
vnlawfully
,
to
murder
any
of
the
kings
subiects
,
or
to
breake
downe
the
pales
,
hedges
,
ditches
,
walls
,
or
other
inclosure
of
any
parke
or
other
ground
inclosed
,
or
the
bancke
of
any
fish
pond
or
po●le
,
to
the
intent
the
same
should
remaine
open
,
or
to
doe
any
other
vnlawfull
act
,
prohibited
by
that
statute
,
and
being
required
by
a
Iustice
of
peace
,
or
shirife
of
the
said
County
,
or
by
the
Maior
or
chiefe
officer
of
the
city
or
towne
corporat
to
returne
to
their
inhabitations
,
do
not
,
but
attempt
to
put
in
vre
any
of
the
said
things
.
Then
euery
of
the
same
persons
shall
be
imprisoned
one
yeare
without
baile
or
mainprise
:
for
the
offendors
in
both
the
cases
aforesaid
,
putting
in
practise
their
outrages
with
a
multitude
of
persons
bee
great
disturbers
of
the
peace
,
and
Transgressours
of
the
law
.
21.
H.
6.
5.
39
In
an
action
of
False
imprisonment
,
Imprisoning
him
that
holdeth
land
with
force
.
the
defendant
pleaded
that
the
plaintif
held
the
manor
of
D.
by
force
and
B.C.
a
Iustice
of
peace
of
the
same
County
did
take
him
,
recorded
the
force
,
and
sent
him
to
the
defendant
being
Gaoler
of
the
same
County
to
be
imprisoned
,
and
this
was
allowed
a
good
iustification
,
though
he
was
committed
to
prison
but
by
one
Iustice
of
peace
.
And
in
like
sort
if
the
action
of
false
imprisonment
had
bin
brought
against
the
Iustice
of
peace
who
committed
the
offendor
to
warde
,
the
same
had
béen
a
good
plea
in
barre
for
him
,
St.
8.
H.
6.
9.
for
that
the
statute
of
Ann
8.
H.
6.
doth
warrant
him
so
to
do
,
&
giueth
that
authority
to
one
Iustice
alone
,
or
to
more
then
one
.
29.
Ed.
3.
9.
5.
H.
7.
4.
40
If
a
Huy
and
Cry
be
leuied
and
pursued
that
a
horse
of
such
a
colour
or
marke
,
so
many
beasts
of
such
a
sort
,
or
age
,
Imprisoning
of
one
pursued
by
Huy
&
crie
.
or
so
many
shéepe
of
such
a
brand
be
stolen
,
&
one
is
taken
leading
or
driuing
of
the
said
horses
,
beastes
,
or
shéepe
:
it
is
lawfull
for
any
man
to
apprehend
and
stay
him
,
and
to
commit
him
to
the
Constables
of
the
Towne
where
he
is
apprehended
,
and
by
them
to
be
put
into
the
stockes
,
or
safe
kept
,
vntill
he
be
deliuered
by
due
course
of
law
,
though
he
be
not
of
euill
fame
,
or
name
,
but
a
man
of
good
credite
:
for
séeing
the
law
by
the
Huy
and
Cry
hath
accused
him
,
by
a
course
of
law
,
he
must
be
againe
acquited
and
discharged
:
And
in
this
case
he
that
is
so
taken
though
he
be
after
acquit
of
the
felony
,
shall
not
haue
an
action
of
Trespas
,
false
imprisonment
,
or
other
remedy
against
him
,
that
did
apprehend
him
.
Fitz.
barre
202.
3.
H.
4.
9.
41
In
an
action
of
Trespas
of
assault
,
battery
and
imprisonment
,
Imprisoning
him
that
doth
breake
the
peace
.
the
defendant
pleaded
that
the
plaintife
menaced
to
kill
him
,
and
therefore
he
requested
the
Constables
to
arrest
the
plaintife
to
find
suerties
of
his
good
abearing
,
and
the
Constables
,
and
the
defendant
with
them
,
did
come
and
arrest
him
,
and
put
him
into
the
stockes
vntill
he
did
finde
suerties
:
and
this
was
allowed
to
be
a
good
iustification
.
5.
H.
7.
6.
And
in
like
sort
if
one
do
make
an
assault
vpon
a
Constable
,
the
same
Constable
may
arrest
and
imprison
him
,
vntill
he
hath
found
suerties
to
kéepe
the
peace
,
though
the
Constable
be
the
same
person
vpon
whom
the
said
assault
was
made
:
for
in
this
case
he
doth
nothing
but
preserue
the
peace
,
and
obserue
the
Law
,
which
is
to
be
done
aswell
in
his
own
case
,
13.
H.
7.
10.
as
any
others
:
And
moreouer
if
a
Constable
be
informed
,
that
a
lewd
man
is
in
a
suspected
house
,
with
a
woman
of
euill
name
,
for
incontinencie
,
he
may
take
so
many
of
his
neyghbors
with
him
as
he
will
,
Arresting
suspected
persons
.
and
arrest
the
said
man
and
woman
to
find
suerties
of
their
good
behauiour
.
And
they
,
nor
eyther
of
them
shall
haue
any
action
of
False
imprisonment
or
other
action
therefore
against
the
said
Constable
,
or
any
other
of
his
assistants
;
for
the
Constable
was
ordeyned
to
kéepe
the
peace
,
10.
Ed.
4.
17.
and
to
represse
felons
.
And
he
may
take
suertie
by
Obligation
,
if
he
find
any
commiting
of
a
fray
,
but
vpon
no
penaltie
.
And
if
the
partie
will
not
find
suerties
,
the
Constable
may
impryson
him
,
vntill
he
hath
found
suerties
.
9.
Ed.
4.
26.
42
In
an
action
of
Trespas
of
assault
,
battery
,
and
imprisonment
,
Imprisoning
him
that
doth
attempt
to
rob
.
the
defendant
pleaded
,
that
the
plaintife
lay
in
waite
in
a
high
way
leading
from
the
towne
of
A.
to
the
towne
of
B.
to
rob
such
persons
as
trauailed
in
that
way
,
and
assaulted
to
rob
one
L.
and
drew
his
sword
,
and
commaunded
the
same
L.
to
deliuer
his
purse
,
whereupon
L.
fled
and
leuied
Huy
and
Cry
,
and
this
defendant
being
trauailing
that
way
,
pursued
the
plaintife
,
and
tooke
him
,
and
committed
him
to
the
Constable
to
be
put
in
the
stockes
,
who
did
it
accordingly
:
and
this
was
adiudged
a
good
iustification
:
for
euery
man
may
arrest
and
imprison
him
that
doth
commit
a
felony
,
or
him
who
maketh
it
apparant
,
that
he
doth
intend
,
and
goe
about
to
commit
a
felony
:
for
that
he
doth
manifest
him selfe
to
be
a
principall
breaker
of
the
law
and
peace
of
the
realme
.
Assisting
to
arrest
by
warrant
.
43
In
an
action
of
false
imprisonment
against
two
,
19.
H.
6.
43.
56.
one
of
them
pleaded
that
he
had
a
precept
to
arrest
the
plaintife
which
he
did
accordingly
,
And
the
other
defendant
pleaded
that
he
came
in
company
with
the
other
to
ayde
and
assist
him
to
arrest
the
plaintife
.
And
this
was
allowed
a
good
Iustification
in
them
both
:
for
any
straunger
may
assist
a
Sherife
,
his
Baylifes
or
any
other
that
hath
authority
to
execute
the
Kings
writs
or
proces
,
and
he
that
wil
not
assist
him
being
required
shall
paie
a
fine
to
the
King
:
And
the
Sherife
may
take
as
many
persons
as
he
will
to
aide
him
to
execute
the
Kings
writs
,
3.
H.
7.
1.
17.
E.
4.
5.
for
it
is
in
furtheraunce
of
Iustice
and
no
breach
of
the
peace
.
Breaking
a
house
to
arrest
44
If
a
man
be
indicted
of
Trespas
,
27.
Ass.
pla.
35.
18.
E.
4.
4.
and
a
Capias
pro
fine
awarded
to
the
Sherife
to
take
the
body
of
the
same
person
,
The
Sherife
may
breake
open
his
house
,
or
close
to
arrest
and
imprison
him
,
&
it
is
a
lawfull
imprisonment
.
But
the
Sherife
may
not
breake
any
house
or
chest
to
make
execution
by
vertue
of
a
fieri
facias
to
him
directed
.
S.
Force
32.
The
Sherife
arre●eth
and
doth
not
retorne
his
writ
45
If
the
Sherife
haue
a
Capias
to
arrest
a
man
,
and
he
doth
arrest
him
,
and
after
doth
not
retorne
his
writ
,
the
partie
arrested
may
haue
an
action
of
false
imprisonment
against
the
Sherife
,
and
recouer
damages
for
his
wrongfull
arrest
or
Imprisonment
:
for
the
Capias
is
,
ita
quod
habeas
corpus
cius
&c.
and
so
if
he
haue
not
the
parties
body
in
the
Kings
Court
at
the
day
of
the
retorne
of
the
writ
,
it
shall
be
intended
that
he
did
not
arrest
him
by
force
of
that
writ
,
nor
according
to
the
purport
of
it
,
but
of
his
owne
wrong
.
But
if
the
Sherifes
Baylie
doe
arrest
the
man
,
11.
H.
4.
58.
21.
H.
7.
22.
and
the
Sherife
doth
not
retorne
the
writ
,
the
partie
arrested
shall
not
haue
an
action
of
false
imprisonment
against
the
Bailie
:
for
the
Sherifes
offence
shall
not
preiudice
the
Baylie
,
and
the
Baylie
can
not
compell
the
Sherife
to
returne
the
writ
:
for
a
Shirife
or
a
Bailie
errant
which
is
knowen
and
sworne
may
arrest
a
man
without
shewing
his
warrant
,
A
knowne
officer
may
arrest
without
shewing
his
warrant
.
for
euery
man
is
bound
to
take
knowledge
of
them
;
But
where
the
Sherife
doth
make
a
precept
to
an
other
to
arrest
,
he
must
shew
his
warrant
.
21.
H.
7.
22.
11.
H.
4.
36.
And
if
a
Capias
be
awarded
to
the
Sherife
without
an
originall
to
take
a
man
,
and
he
doth
take
him
,
yet
the
partie
grieued
shall
not
haue
his
action
of
false
imprisonment
against
the
Sherife
,
for
that
he
did
it
by
warrant
of
the
Kings
writ
,
Arresting
a
man
by
a
Capias
without
an
originall
.
for
it
is
a
good
plea
in
an
action
of
False
imprisonment
to
say
that
he
is
Shirife
of
the
Countie
of
M.
and
that
he
did
arrest
the
plaintife
by
force
of
a
Capias
directed
to
him
,
which
is
the
same
imprysonment
.
22.
E.
4.
47.
Arresting
vpon
suspicion
of
felony
.
46
In
an
action
of
False
imprisonment
,
7.
H.
4.
35.
27.
H.
8.
23.
it
is
no
plea
for
the
defendant
to
plead
,
that
it
was
told
him
,
that
the
plaintife
had
brought
cattell
to
the
towne
,
and
put
them
in
a
blind
corner
,
and
that
there
was
great
cause
of
suspicion
that
the
plaintife
had
stollen
them
,
whereupon
he
did
arrest
him
;
for
suspicion
only
without
a
felony
committed
,
is
no
cause
to
arrest
an
other
.
But
if
a
felonie
be
done
in
those
parts
,
and
one
doth
suspect
an
other
to
haue
committed
the
same
felony
,
then
he
may
arrest
him
:
for
a
Iustice
of
peace
can
not
arrest
an
other
of
suspition
of
felonie
,
14.
H.
8.
16.
vnlesse
he
himselfe
doth
suspect
him
to
haue
committed
felonie
,
And
somuch
an
other
may
doe
that
doth
suspect
one
to
haue
committed
felony
viz.
if
he
himselfe
doth
suspect
him
to
haue
committed
the
felony
.
The
common
voice
&
fame
of
the
countrey
,
cause
of
suspition
.
The
common
voyce
and
fame
of
the
Country
is
a
great
cause
of
suspition
of
felony
where
a
felonie
is
committed
.
2.
H.
7.
15.
5.
H.
7.
4.
11.
E.
4.
4.
And
therefore
in
an
action
of
false
Imprisonment
,
the
defendant
pleaded
that
there
was
a
felonie
committed
,
and
the
common
voyce
and
fame
of
the
Countrie
was
,
that
the
plaintife
was
a
man
of
euill
behauiour
,
and
had
done
the
same
felony
:
whereupon
he
that
was
robbed
,
came
to
the
Constable
and
requested
him
to
arrest
the
plaintife
,
and
the
Constable
came
to
the
defendant
and
desired
him
to
assist
him
to
arrest
the
plaintife
,
the
which
he
did
,
and
they
arrested
him
.
And
this
was
allowed
a
good
iustification
,
and
sufficient
cause
to
arrest
the
plaintife
,
séeing
there
was
a
Robbery
committed
,
and
the
common
voyce
and
fame
of
the
Countrie
accused
the
plaintife
thereof
.
5.
H.
7.
4.
And
in
like
sorte
in
an
action
of
false
imprisonment
the
defendant
pleaded
that
I.
S.
was
poysoned
,
and
that
the
common
voyce
and
fame
of
the
Countrie
was
that
the
plaintife
had
poysoned
him
,
whereupon
the
defendant
apprehended
the
plaintife
,
Suspected
of
poysoning
.
and
committed
him
to
prison
,
as
it
was
lawfull
for
him
to
doe
:
And
this
was
also
adiudged
a
good
Plea
in
barre
of
the
said
action
,
for
séeing
a
felony
was
committed
and
the
common
voyce
and
fame
of
the
Countrie
had
accused
the
plaintife
thereof
,
euery
person
who
him selfe
hath
suspition
that
the
plaintife
hath
committed
the
same
felony
may
arrest
him
thereof
.
And
so
it
is
if
in
an
action
of
false
imprisonment
,
the
defendant
doe
pleade
,
that
before
the
imprisonment
A.
B.
was
slaine
at
C.
and
the
plaintife
was
in
the
company
of
those
who
killed
him
at
the
time
of
the
felony
committed
,
7.
Ed.
4
10.
7.
Eliz.
Dy.
236.
Suspected
of
Manslaughter
.
and
the
common
voice
and
fame
of
the
Countrie
at
C.
was
that
the
plaintife
was
partie
to
the
felonie
,
whereupon
the
defendant
found
the
plaintife
at
C.
and
arrested
him
for
suspition
of
felonie
,
and
committed
him
to
the
Sherife
,
which
is
the
same
imprisonment
.
And
this
was
allowed
a
good
and
sufficient
Plea
and
not
double
,
though
the
defendant
did
alledge
the
common
voice
and
fame
of
the
country
,
and
the
being
in
company
with
those
that
killed
A.
B.
for
where
a
man
doth
iustifie
for
suspition
of
felonie
,
he
may
shew
as
many
causes
of
suspition
as
he
can
.
And
it
is
a
good
cause
of
suspition
to
say
,
Causes
of
suspition
.
that
huy
and
crie
was
leuied
after
a
felony
committed
,
and
that
the
plaintife
was
a
man
suspected
,
Or
to
say
that
the
plaintife
was
a
vagarant
,
exercising
no
trade
to
get
his
liuing
by
,
and
no
laborer
,
Or
to
pleade
that
parcell
of
the
goods
stollen
were
taken
in
the
possession
of
the
plaintife
.
38.
Ed.
3.
6.
10.
H.
7.
20.
47
In
an
action
of
false
imprisonment
,
Arresting
vpon
doubts
of
Manslaughter
.
the
defendant
pleaded
that
the
plaintife
had
so
beaten
and
wounded
an
other
man
,
that
he
was
in
great
perill
and
daunger
of
death
,
and
that
vpon
the
same
huy
and
cry
was
leuied
,
whereupon
the
defendant
being
Constable
did
arrest
and
imprison
the
plaintife
foure
dayes
,
vntill
it
might
be
knowen
whether
the
partie
wounded
were
like
to
liue
,
or
dye
,
and
when
he
perceiued
that
the
partie
beaten
was
like
to
liue
,
he
did
let
the
plaintife
go
at
libertie
:
and
this
was
adiudged
a
good
plea
in
barre
.
24.
Ed.
3.
9.
And
in
the
like
case
in
an
action
of
False
imprisonment
brought
against
one
,
the
defendant
pleaded
,
that
the
King
had
directed
a
Commission
to
certaine
persons
to
apprehend
those
that
were
notoriously
slaundered
for
felonies
,
or
great
trespasses
,
notwithstanding
they
were
not
indicted
thereof
,
and
that
the
plaintife
had
most
dangerously
wounded
I.S.
whereupon
the
Commissioners
directed
their
warrant
to
the
defendant
,
to
apprehend
the
plaintife
,
which
he
did
accordingly
:
And
this
was
allowed
a
good
iustification
,
and
the
plaintife
was
barred
of
his
action
;
for
in
both
these
cases
the
peace
was
broken
,
and
at
the
time
of
the
arrest
it
was
vncertaine
whether
the
offence
would
proue
felonie
or
not
.
A
Iustice
of
peace
warrant
to
arrest
a
felon
.
48
In
an
action
of
False
imprisonment
,
the
defendant
iustified
,
14.
H.
8.
16.
for
that
a
Iustice
of
peace
directed
a
warrant
vnto
him
to
arrest
the
plaintife
for
felony
,
which
he
did
.
And
it
was
holden
that
a
Iustice
of
peace
cannot
make
a
warrant
to
arrest
a
Felon
,
vnlesse
he
be
indicted
,
for
he
is
a
Iudge
of
record
,
and
he
must
haue
a
record
whereupon
hee
doth
award
his
proces
.
But
if
a
Bailife
serue
his
warrant
,
it
is
a
good
iustification
for
him
,
though
the
Iustice
of
peace
did
erre
in
the
awarding
of
the
proces
.
And
the
same
law
is
,
if
the
Shirife
doth
erre
in
any
warrant
that
he
doth
direct
to
the
Bailife
of
a
Libertie
.
Arresting
an
offendor
,
&
deliuering
him
to
the
Constable
.
If
a
man
do
arrest
an
other
,
10.
Ed.
4.
17.
who
he
knoweth
hath
committed
a
robberie
,
man
slaughter
,
or
other
felony
,
&
do
deliuer
him
to
the
Constable
to
carrie
to
the
gaole
,
and
the
Constable
will
set
him
at
libertie
,
or
doth
not
carrie
him
to
the
gaole
,
or
that
the
same
person
arrested
be
rescued
out
of
the
possession
or
custodie
of
him
that
did
arrest
him
;
yet
in
neither
of
the
foresaid
cases
,
he
that
was
arrested
shall
haue
an
action
of
False
imprisonment
against
him
that
did
arrest
him
,
for
that
there
was
no
default
in
him
,
that
the
offendor
was
not
imprisoned
according
to
his
desert
.
Imprisonment
vntill
he
hath
made
an
Obligation
.
50
An
action
of
False
imprisonment
was
brought
for
imprysoning
the
plaintife
,
vntill
he
had
made
an
Obligation
of
xl
.
2.
Ed.
4.
19.
pounds
to
the
defendant
and
others
vnknowen
by
duresse
,
and
this
was
adiudged
maintenable
,
for
if
the
plaintife
did
not
know
their
names
,
he
could
not
expresse
their
names
,
for
the
Obligation
is
not
the
effect
of
this
suit
,
but
the
imprisonment
,
and
he
shall
not
recouer
dammages
for
the
Obligation
,
but
for
the
imprisonment
,
for
that
he
is
not
yet
damnified
by
the
Obligation
;
because
when
that
is
sued
,
he
may
plead
,
that
it
was
made
by
duresse
of
imprysonment
,
and
so
auoid
it
.
But
if
the
action
of
False
imprisonment
be
brought
of
an
imprisonment
vntil
he
had
made
a
fine
,
he
shall
recouer
dammages
for
both
,
for
he
is
presently
grieued
by
the
fine
,
and
so
is
he
not
by
the
Obligation
.
51
If
a
master
do
imprison
a
man
in
a
house
,
22.
Ed.
4.
45.
and
deliuer
the
key
of
the
doore
of
that
house
to
his
seruant
,
The
seruant
not
chargeable
for
the
masters
offence
.
the
partie
imprysoned
cannot
haue
an
action
of
False
imprysonment
against
the
said
seruant
for
the
kéeping
of
the
key
.
But
if
the
seruant
that
hath
the
key
do
know
that
the
same
partie
were
wrongfully
imprysoned
,
then
he
ought
to
let
him
go
at
libertie
:
for
the
seruant
is
bound
to
obey
his
masters
commaundement
,
but
in
those
things
that
be
lawfull
onely
.
And
if
the
seruant
which
kept
the
key
did
not
know
that
the
same
partie
was
imprysoned
in
that
house
,
then
vpon
his
plea
of
not
guiltie
,
he
shall
be
excused
in
an
action
of
False
imprisonment
brought
against
him
by
the
partie
imprisoned
.
Imprisonment
by
force
of
a
Iustices
.
52
If
a
writ
of
Natiuo
habendo
,
or
a
Iusticies
be
directed
to
the
Shirif
,
2.
H.
4.
24.
he
cannot
iustify
the
impris
.
of
any
man
by
force
therof
,
for
they
be
but
commissions
to
hold
plea.
And
the
bodie
of
a
man
shall
not
be
arrested
or
taken
,
but
by
proces
awarded
out
of
a
court
of
record
,
and
by
those
Commissions
the
Shirises
court
is
not
made
a
court
of
record
.
9.
Ed.
4.
30.
53
In
an
action
of
False
imprisonment
,
A
warrant
vpon
a
Supplicauit
.
it
is
a
good
iustification
for
the
defendant
to
plead
,
that
a
Supplicauit
came
to
the
Shirife
to
apprehend
the
plaintife
,
who
made
his
warrant
to
the
defendant
to
take
him
,
which
he
did
accordingly
.
And
yet
the
Shirife
can
not
giue
his
authority
to
an
other
to
take
suerty
of
him
.
5.
H.
7.
6.
54
A
Iustice
of
peace
can
not
direct
a
warrant
to
apprehend
him
who
hath
broken
the
peace
,
for
he
is
to
be
punished
by
inditement
,
Arresting
him
who
would
break
the
peace
.
at
the
Kings
suit
,
or
by
action
of
Trespas
of
batterie
at
the
partie
grieued
his
suit
.
But
he
may
direct
his
warrant
to
apprehend
him
who
he
doth
doubt
meaneth
to
breake
the
peace
in
time
to
come
,
and
to
bring
him
before
himselfe
,
or
some
other
Iustice
,
or
else
to
commit
him
to
prison
;
for
one
Iustice
of
peace
alone
may
doe
his
endeuor
to
preserue
the
peace
before
it
be
broken
:
but
being
once
broken
it
must
be
punished
by
inditement
in
the
presence
of
diuers
Iustices
of
peace
,
or
by
action
at
the
common
Law
.
Sta.
5.
El.
4.
55
If
any
seruant
,
woorkeman
,
or
laborer
,
Imp.
of
a
seruant
for
assaulting
of
his
master
.
shall
wilfully
or
maliciously
make
any
assault
or
affray
vpon
his
master
,
mistresse
,
or
dame
,
or
vpon
any
other
that
shall
at
that
time
haue
the
charge
or
ouersight
of
him
,
or
of
the
worke
wherein
he
is
appoynted
,
or
hired
to
worke
and
beeing
thereof
conuicted
before
any
two
of
the
Iustices
of
peace
,
Maior
,
or
head
officer
of
a
towne
corporat
where
the
offence
is
committed
,
or
before
either
of
the
Lords
Presidents
of
the
North
,
or
Wales
,
by
the
confession
of
the
said
seruant
,
workman
,
or
laborer
,
or
by
the
witnesse
and
oath
of
two
honest
men
:
Then
euery
such
offendor
shall
suffer
imprisonment
by
the
space
of
one
whole
yeare
,
or
lesse
,
by
the
discretion
of
two
Iustices
of
peace
(
if
it
be
without
a
towne
corporat
)
&
if
it
be
within
a
towne
corporat
,
then
by
the
discretion
of
the
Maior
or
head
officer
of
the
same
towne
corporat
,
with
two
others
of
the
discréetest
persons
of
the
same
corporation
at
the
least
.
And
if
the
offence
shall
require
further
punishment
,
then
to
receiue
such
other
open
punishment
(
so
as
it
extende
neyther
to
life
or
limme
)
as
the
Iustices
of
peace
in
open
Sessions
,
or
as
the
more
part
of
them
,
or
the
said
maior
or
head
officers
,
or
vj.
or
iiij
.
at
the
least
of
the
discréete
persons
of
the
same
corporation
,
before
whom
the
offence
shall
be
examined
shall
thinke
conuenient
,
for
the
qualitie
of
the
said
offence
so
committed
.
56
By
which
foresaid
cases
,
and
many
more
,
Where
imprisonment
is
lawfull
,
and
where
not
.
it
appeareth
that
imprisonment
is
lawfull
,
and
sufficiently
authorized
by
the
Common
Lawes
and
Statutes
of
this
Realme
in
diuers
respectes
,
and
for
many
crimes
,
and
there
is
by
it
no
breach
of
the
peace
,
nor
offence
to
the
Law
,
when
it
is
inflicted
by
the
warrant
of
the
law
:
for
it
aduaunceth
as
much
the
justice
and
peace
of
the
Realme
to
haue
offendors
punished
,
as
to
haue
the
innocent
protected
.
But
the
imprisonment
which
tendeth
to
the
breach
of
the
peace
,
and
the
offence
of
the
law
is
,
when
one
person
or
more
vpon
his
or
their
owne
authoritie
,
eyther
in
reuenge
of
some
supposed
wrong
receiued
,
or
in
hope
of
a
priuat
gaine
expected
,
or
for
some
other
cause
,
will
of
his
or
their
owne
authority
imprison
or
arrest
an
other
;
for
the
redresse
whereof
the
party
grieued
shall
haue
an
action
of
false
imprisonment
,
or
an
action
of
trespas
,
&
recouer
his
damages
.
And
the
same
offendor
which
before
did
wrongfully
imprison
an
other
,
shall
then
vpon
his
conuiction
by
verdict
,
or
his
owne
confession
,
be
himselfe
lawfully
imprisoned
,
vntill
he
hath
paid
to
the
king
a
fine
.
Imprisonment
for
offences
done
to
the
iustice
of
the
Realme
.
57
As
in
the
cases
aforesaid
,
imprisonment
of
offendors
is
both
tollerable
&
requisit
,
when
it
is
inflicted
for
misdemeanors
done
to
the
peace
of
the
Realme
:
so
in
many
other
cases
it
is
as
necessary
when
it
is
imposed
for
offences
done
to
the
law
&
justice
of
the
Realme
,
being
the
foundation
&
principall
piller
of
the
same
peace
,
and
without
the
due
execution
whereof
there
can
not
be
a
general
and
perfect
peace
.
And
amongst
many
other
transgressors
who
doe
offend
contrarie
to
the
justice
of
the
Realme
,
and
yet
in
a
sort
doe
preserue
the
peace
,
the
law
doth
principally
note
foure
kinde
of
persons
worthy
for
their
offences
to
be
imprisoned
.
Whereof
the
first
be
they
who
doe
commit
some
acts
that
be
wrongfull
,
iniurious
,
and
prohibited
by
the
common
lawes
,
or
Statutes
of
the
Realme
:
The
second
be
they
who
doe
attempt
and
prosecute
vniust
and
wrongfull
actions
or
suits
,
to
molest
,
trouble
,
or
charge
others
:
The
third
be
they
who
being
impleaded
vpon
iust
and
good
causes
,
doe
plead
false
,
or
dilatorie
pleas
,
in
retardation
of
justice
and
hinderaunce
of
the
due
and
ordinarie
course
of
the
law
:
The
fourth
be
they
who
vpon
stubbornesse
,
contumacie
,
or
wilfulnesse
,
refuse
to
doe
that
wh●●●
they
know
the
law
doth
require
at
their
hands
,
and
may
enforce
them
vnto
:
of
euery
of
which
amongst
many
,
I
will
insert
some
fewe
cases
.
Imprisonment
for
committing
vnlawful
acts
As
to
the
first
by
the
Statute
of
Anno
5.
Sta.
5.
El.
14.
Eliz.
he
shall
be
imprisoned
,
and
set
vpon
the
pillorie
,
who
doth
falslie
forge
,
or
willingly
assent
,
or
cause
to
be
forged
,
or
made
,
any
false
déede
,
charter
or
writing
sealed
,
Forging
of
deéds
.
Court
Roll
,
or
the
will
of
any
person
in
writing
,
S.
Forgery
●
to
the
intent
that
the
estate
of
fréehold
or
inheritance
of
any
person
in
any
lands
should
be
recouered
or
charged
&c.
for
forging
of
déeds
is
an
iniurious
and
wrongfull
act
,
and
alwaies
hath
bin
hated
,
detested
,
and
persecuted
in
this
Realme
.
Sta.
13.
E.
1.
11.
By
the
Statute
of
Westm.
2.
If
the
master
do
assigne
auditors
to
any
Bailifes
,
Seruants
,
Chamberlaines
,
or
other
receiuors
which
are
bound
to
yéeld
accompt
,
Accomptants
found
in
arrerrages
.
and
it
chaunce
them
to
be
found
in
arrerages
(
all
things
being
to
them
allowed
)
they
shall
be
arrested
,
and
by
the
testimonie
of
those
auditors
committed
to
the
next
Gaole
which
the
King
hath
in
those
parts
,
and
shall
be
receiued
by
the
Sherife
,
or
his
Gaoler
,
and
prisoned
,
fettered
in
irons
,
liuing
of
their
owne
goods
,
vntill
they
haue
fully
satisfied
their
master
of
all
the
arrerages
;
for
detayning
of
the
arrerages
of
an
accompt
is
a
plaine
and
manifest
wrong
to
the
master
:
27.
H.
6.
8.
And
this
imprisonment
must
be
presently
after
the
accompt
taken
,
Disseison
contrarie
to
his
owne
lease
.
and
not
any
distance
of
tyme
after
.
And
he
that
doth
a
disseisin
,
or
maketh
an
entrie
contrarie
to
his
owne
déede
,
14.
Ass.
pla.
12.
Or
is
conuicted
for
the
imbeziling
of
an
Exigent
,
or
for
some
other
notorious
deceits
,
committeth
open
and
manifest
iniurie
,
and
therefore
shall
be
imprisoned
.
8.
Ass.
●
.
20.
28.
Ass.
pla.
28.
If
one
man
do
make
a
lease
of
a
Tenement
by
writing
to
an
other
for
terme
of
life
of
the
lessée
,
whereupon
the
lessée
doth
enter
and
enioyeth
it
,
and
after
the
lessor
doth
enter
and
disseise
the
lessée
for
life
,
and
then
the
lessée
do
bring
an
Assise
against
the
lessor
,
and
recouer
against
him
the
Tenement
leased
:
in
this
case
the
same
lessor
shall
be
imprisoned
,
for
that
he
made
an
entrie
contrarie
to
his
owne
deede
,
and
so
willingly
committed
an
open
and
manifest
wrong
.
18.
Ass.
p.
3.
The
same
law
is
,
if
a
man
do
make
a
disseisin
of
land
,
of
his
whole
title
wherein
he
hath
before
made
a
release
,
or
confirmation
to
the
tenant
of
the
same
land
,
in
this
case
he
shall
be
imprysoned
.
And
if
a
Gardian
do
take
a
feoffement
of
his
wardes
land
,
being
within
age
,
Fitz.
Assise
395.
he
shall
be
imprisoned
therefore
,
for
this
,
and
all
the
former
be
iniurious
acts
,
and
knowen
to
the
offendors
to
be
prohibited
by
the
law
.
As
touching
the
second
point
;
they
be
also
worthy
to
be
imprisoned
,
who
do
attempt
or
prosecute
vnlawfull
suits
,
to
the
trouble
&
vexation
of
others
:
As
if
one
do
bring
an
Appeal
against
an
other
,
50.
Ed.
3.
1.
Imp.
for
prosecuting
vnlawfull
suits
.
and
that
appeal
do
abate
by
the
plaintifes
nonsuit
,
or
by
any
other
default
of
his
,
he
shall
be
imprisoned
.
A
woman
brought
an
Appeal
of
the
death
of
her
husband
against
one
,
9.
H.
4.
2.
who
was
attainted
and
hanged
at
her
suit
;
and
after
shee
brought
an
appeal
against
an
other
man
of
her
said
husbands
death
,
who
pleaded
the
attainder
of
the
first
man
in
barre
,
whereupon
the
appeal
was
abated
,
and
the
woman
committed
to
pryson
for
her
wrongfull
vexation
and
suit
.
A
woman
brought
an
appeal
against
a
man
of
the
death
of
her
husband
,
8.
H.
4.
18.
and
her
said
husband
was
brought
into
the
court
,
and
shée
was
examined
if
that
were
her
husband
,
who
said
yea
,
but
shée
supposed
that
he
had
béen
dead
,
and
therefore
shée
was
imprisoned
for
her
false
appeal
.
If
one
do
bring
an
appeal
against
an
other
,
for
a
Murder
,
Burglarie
,
Robberie
,
or
other
felony
committed
in
W.
in
the
County
of
N.
and
there
is
no
such
W.
in
that
County
,
the
appeal
shall
abate
,
and
the
plaintife
shall
be
imprisoned
:
for
it
is
manifest
,
that
this
suit
was
commenced
vpon
malice
,
and
to
put
the
defendant
to
vexation
and
trouble
,
and
not
vpon
any
iust
cause
.
Thirdly
,
they
are
worthy
to
be
imprysoned
,
who
do
plead
false
,
Imp.
for
false
or
dilatory
pleas
.
or
dilatorie
pleas
,
in
hinderance
of
suits
,
and
retardation
of
justice
.
As
if
a
man
in
his
plea
do
denie
his
owne
deed
;
33.
H.
6.
54.
45.
Ed.
3.
11
6.
Ass.
p.
4.
24.
E.
3.
74.
Sta.
34.
Ed.
1
or
do
plead
a
false
déed
made
to
himselfe
,
which
is
found
against
him
by
verdict
;
or
do
plead
a
déed
that
is
rased
,
enterlined
,
or
otherwise
suspicious
that
is
adiudged
against
him
,
he
shall
be
imprisoned
.
By
the
statute
intituled
De
coniunctim
feoffatis
,
if
the
tenant
in
Assise
do
plead
iointenancie
of
the
land
in
demaund
with
his
wife
,
Imprisonment
for
false
pleading
of
iointenancie
.
or
a
stranger
,
and
sheweth
a
déed
to
testifie
the
same
,
to
the
intent
to
abate
the
plaintifes
writ
:
and
if
it
be
found
by
the
Assise
that
the
exception
was
maliciously
alleaged
to
delay
the
plaintifes
right
,
the
said
tenant
shall
be
one
yeare
imprysoned
,
though
the
assise
passe
for
him
against
the
plaintife
.
And
if
that
tenant
in
the
assise
be
an
Enfant
,
who
doth
plead
iointenancie
,
yet
if
that
plea
be
found
against
him
,
37.
Ass.
pl.
1.
he
shall
be
imprysoned
:
for
that
the
said
statute
is
generall
,
3.
H.
6.
51.
St.
13.
Ed.
1.
25.
and
doth
not
except
an
Enfant
.
By
the
statute
of
Westm
2.
if
he
that
is
named
a
disseisour
in
an
Assise
,
do
personally
alleage
any
false
exception
,
whereby
the
taking
of
the
assise
is
deferred
,
viz.
that
at
an
other
time
an
assise
of
the
said
tenements
passed
betwéene
the
said
parties
,
or
that
a
writ
of
higher
nature
is
depending
betwéene
them
of
the
said
tenements
,
Imp.
for
failing
of
a
record
pleaded
.
and
doth
vouch
any
rols
or
records
to
warrant
the
same
,
and
at
the
day
giuen
he
faileth
of
his
warrant
,
he
shall
be
adiudged
a
disseisour
,
without
recognizance
of
the
assise
,
and
shall
restore
double
dammages
of
that
which
shall
be
found
,
and
for
his
falshood
shall
be
one
yeare
imprysoned
.
And
fourthly
,
a
man
in
diuers
cases
shall
bee
imprysoned
for
his
stubbornesse
,
wilfulnesse
,
disobedience
,
and
contempt
to
subiugate
,
and
submit
himselfe
to
the
censure
and
iudgement
of
the
Law
,
and
to
performe
&
accomplish
that
which
the
law
doth
expect
at
the
hands
of
him
and
all
others
being
in
his
case
.
As
if
a
Quid
iuris
clamat
,
or
Per
quae
seruitia
,
be
brought
against
a
man
,
Imp.
for
not
atturning
.
who
doth
appeare
in
Court
,
and
will
not
atturne
to
the
plaintife
,
nor
plead
in
barre
,
he
shall
be
imprisoned
for
his
stubbornes
.
And
if
the
tenant
that
ought
to
do
homage
or
fealtie
to
his
Lord
,
Imprisonment
for
not
doing
his
true
seruice
.
do
appeare
in
Court
,
and
will
not
do
such
of
the
said
seruices
as
be
claimed
of
him
,
neither
plead
in
barre
thereof
,
Fitz.
Per
q
seruitia
23.
he
shall
be
imprisoned
vntill
he
will
do
his
foresaid
seruices
,
for
his
wilfull
contempt
of
the
law
,
and
disobedience
to
justice
.
And
if
a
writ
of
Estrepement
be
directed
to
the
Shirife
to
prohibit
him
to
commit
wast
in
lands
against
whom
a
reall
action
,
Co.
Lib.
5.
105.
or
action
of
Wast
is
depending
,
for
,
or
touching
the
same
lands
:
the
Shirife
by
force
of
the
same
writ
may
resist
him
who
would
do
wast
,
And
if
he
cannot
otherwise
redresse
the
offence
,
he
may
impryson
him
,
&
if
néed
be
,
he
may
take
the
power
of
the
Countie
to
assist
him
;
for
this
disobeying
of
the
Kings
writ
,
and
resistance
of
the
Shirife
,
is
a
wilfull
frowardnesse
and
contempt
of
the
law
in
the
offendor
,
and
therefore
he
deserueth
to
tast
the
smart
of
the
Law
by
imprisonment
for
his
contumacy
.
And
in
like
sort
by
the
statute
of
Ann
27.
Stat.
27.
H.
8.
20.
Stat.
32.
H.
8.
7.
H.
8.
&
Ann
32.
H.
8.
it
was
ordeined
,
That
if
any
person
after
sentence
difinitiue
giuen
against
him
,
by
the
Ordinarie
,
his
Commissarie
,
or
other
competent
minister
,
or
lawfull
Iudge
,
do
obstinatly
refuse
to
pay
his
Tythes
,
or
duties
,
or
such
summes
of
money
adiudged
,
wherein
he
is
condemned
for
the
same
:
Then
two
Iustices
of
the
peace
of
the
same
Shire
(
whereof
one
to
be
of
the
Quorum
)
shall
haue
authoritie
vpon
information
,
Imp.
for
obstinate
refusing
to
performe
the
Ordinaries
sentence
.
certificat
,
or
complaint
made
in
writing
by
the
ecclesiasticall
Iudge
that
gaue
the
same
sentence
,
to
cause
the
same
person
so
refusing
to
be
attached
,
and
committed
to
the
next
Gaole
,
and
there
to
remaine
without
bayle
or
mainprise
,
vntill
he
hath
found
sufficient
suerties
to
be
bound
by
Recognizance
,
or
otherwise
,
before
the
same
Iustices
,
to
the
vse
of
the
King
to
performe
the
said
sentence
.
In
the
same
maner
may
any
one
of
the
Kings
Councell
,
or
two
Iustices
of
peace
,
vpon
an
Information
or
request
made
to
them
by
the
Ordinary
,
St.
27.
H.
8.
20.
commit
any
offendor
to
ward
,
for
any
contempt
,
contumacie
,
disobedience
,
or
any
other
misdemeanour
of
his
in
any
suit
,
for
subtraction
of
Tythes
,
offerings
,
and
other
duties
of
the
Church
,
vntill
he
hath
found
suerties
&c.
vt
gladius
gladium
iuuet
.
What
is
Matheining
.
58
Maiheming
is
an
other
gréeuance
in
the
Realme
,
and
a
speciall
cause
to
disturbe
the
peace
:
And
that
is
when
one
member
of
the
Common
weale
shall
take
from
an
other
member
of
the
same
,
a
naturall
member
of
his
bodie
,
or
the
vse
and
benefit
thereof
,
and
thereby
disable
him
to
serue
the
common
weale
by
his
weapons
in
the
time
of
warre
,
or
by
his
labour
in
the
time
of
peace
,
and
also
diminisheth
the
strength
of
his
body
,
and
weaken
him
thereby
to
get
his
owne
lyuing
,
and
by
that
meanes
the
common
weale
is
in
a
sort
depriued
of
the
vse
of
one
of
her
members
.
How
many
sorts
there
be
of
maiheming
.
59
This
maiheming
is
a
dismembring
of
a
man
,
or
taking
away
some
member
,
or
part
of
his
body
,
or
the
vse
thereof
;
As
when
a
wound
,
blow
,
or
hurt
is
giuen
or
done
by
one
person
or
more
to
an
other
person
,
whereby
he
is
the
lesse
able
to
defend
himselfe
in
the
time
of
warre
,
or
to
get
his
lyuing
in
time
of
peace
:
And
therefore
,
if
a
man
do
put
out
the
eye
,
or
cut
off
the
hand
,
or
foote
,
or
any
ioynt
of
the
hand
,
or
foote
of
an
other
,
it
is
a
Maihem
,
though
it
be
done
by
chaunce
medley
.
Sta.
5.
H.
4.
5
(
But
if
one
man
of
malice
pretended
,
do
cut
out
the
tongue
,
or
put
out
the
eyes
of
any
of
the
Kings
subiects
,
it
is
Felonie
)
And
if
one
man
do
crush
the
mouth
,
or
head
of
an
other
,
or
break
out
his
fore-téeth
,
it
is
a
maihem
,
for
with
them
he
may
defend
him selfe
in
battaile
:
but
to
breake
his
hinder
téeth
,
or
to
cut
off
his
Nose
,
Fitz.
Corone
458.
or
Eares
,
whereby
he
loseth
his
hearing
,
is
no
maihem
,
but
a
deformitie
,
or
blemish
of
his
bodie
,
and
no
weakning
of
his
strength
.
It
is
a
Maihem
to
pull
any
boane
out
of
a
mans
head
,
or
to
cut
off
any
finger
of
a
mans
hand
,
28.
Ed.
3
94.
Lib.
in
t
.
fol.
45.
or
to
breake
any
of
them
so
,
that
they
become
shronke
vp
,
or
dried
vp
,
or
dead
,
or
crooked
.
Gelding
of
a
man
is
also
a
maihem
;
though
it
be
in
a
secret
place
,
yet
it
maketh
him
more
féeble
,
and
vnable
to
defend
himselfe
in
in
bataile
,
or
to
worke
for
his
liuing
.
If
by
any
wound
receiued
the
sinewes
,
or
vaines
of
a
man
be
shronke
vp
,
it
is
a
maihem
.
To
cut
off
the
chéeke
or
iawbone
of
any
person
,
Lib.
intur
fol.
45.
or
so
to
crush
,
or
breake
any
of
them
that
the
same
person
is
the
lesse
able
to
take
his
meate
or
drinke
is
a
maihem
.
If
one
person
or
more
doe
take
an
other
person
by
force
,
and
put
him
in
the
stocks
or
otherwise
bind
him
fast
,
and
after
poure
so
much
skalding
what
oyle
,
and
vinegar
,
or
hoat
melted
lead
,
or
other
skalding
licor
vpon
any
part
of
his
body
,
and
so
continue
it
vntill
it
doth
wast
,
and
consume
the
flesh
of
the
same
part
,
and
drie
vp
and
mortifie
the
veynes
and
sinewes
of
the
same
parte
,
it
is
a
maihem
.
If
A.
do
strike
at
B.
and
the
weapon
wherwith
he
striketh
,
breaking
,
or
falling
out
of
his
hand
by
the
force
of
the
blow
doth
put
out
the
eyes
of
D.
this
shal
be
adiudged
a
maihem
,
13.
H.
7.
14.
for
that
A.
had
an
intention
at
the
first
to
do
some
hurt
in
striking
at
B.
60
The
greatnesse
or
smalnes
of
the
wound
in
some
of
the
cases
aforesaid
doth
make
the
difference
,
whether
it
be
a
maihem
or
not
,
Examination
of
a
maihem
.
which
is
to
be
examined
by
the
Iustices
of
the
court
before
whom
the
appeal
of
maihem
is
depending
,
and
by
them
to
be
decided
,
if
they
be
requested
by
the
defendant
in
the
appeall
and
will
condiscend
to
do
it
.
And
they
may
award
the
Kings
writ
to
the
shirif
of
the
countie
where
the
fact
was
done
,
to
warn
two
expert
surgeons
of
that
Countie
,
28.
Ass.
p.
5.
28.
E.
3.
94.
citie
or
towne
,
to
appeare
in
the
same
court
at
a
day
prefixed
,
to
informe
the
court
what
they
thinke
of
the
wound
,
and
whether
they
conceiue
it
to
be
a
maihem
or
not
:
And
if
the
wound
be
fresh
,
and
new
,
and
thereby
hardly
to
be
discerned
,
41.
Ass.
pla.
27.
whether
it
will
proue
a
maihem
or
not
,
the
Iustices
néed
not
presently
to
examine
it
though
the
defendant
in
an
appeal
of
maihem
doth
desire
it
,
or
notwithstanding
he
doth
plead
that
it
is
no
maihem
.
And
if
in
an
appeall
of
maihem
the
defendant
doth
plead
not
guilty
,
22.
Ass.
pla.
82.
without
requesting
that
the
maihem
may
be
examined
by
the
court
,
by
this
the
defendant
hath
allowed
that
it
is
a
maihem
.
But
if
in
an
appeall
of
maihem
the
defendant
doth
pray
that
the
maihem
may
be
examined
,
21.
H.
7.
40.
if
the
Iustices
and
the
surgeons
,
(
that
they
will
call
vnto
them
)
be
in
doubt
whether
it
be
a
maihem
or
not
,
the
Iustices
may
refuse
the
examination
,
and
compell
the
defendant
to
put
him selfe
vpon
the
triall
of
the
countrie
:
And
yet
in
that
case
,
if
the
defendant
do
praie
that
the
maihem
may
be
examined
,
6.
H.
7.
1.
22.
Ass.
p.
99
by
the
court
,
if
the
Iustices
do
adiudge
it
a
maihem
,
it
is
paremptorie
to
the
defendant
,
for
he
shall
not
after
plead
not
guilty
,
or
any
other
plea
in
Barre
,
séeing
by
his
plea
he
hath
allowed
it
to
be
a
maihem
.
But
the
court
can
not
view
the
wound
,
and
examin
whether
it
be
a
maihem
or
not
,
28.
Ass.
p.
8.
vnlesse
the
defendant
in
the
appeal
will
request
it
and
referre
it
to
their
iudgement
.
If
in
an
appeall
of
maihem
the
defendant
doe
plead
not
guiltie
,
22.
Ass.
p.
82
without
requesting
that
the
maihem
,
may
be
adiudged
by
the
court
,
though
the
Iurie
who
are
to
try
the
issue
doe
desire
to
sée
the
plaintife
if
he
be
maihemed
or
not
,
the
plaintife
néed
not
to
shew
his
wound
,
for
by
pleading
not
guilty
the
defendant
hath
allowed
that
it
is
a
maihem
though
he
hath
estraunged
himselfe
from
the
committing
thereof
.
9.
H.
4.
2.
61
If
seuerall
men
do
at
one
time
assault
one
man
,
and
one
of
them
doth
maihem
him
in
one
part
of
his
body
,
Diuers
appels
of
maihem
for
one
offence
and
an
other
in
an
other
part
,
he
may
haue
seuerall
appeals
of
Maihem
against
them
:
for
that
they
be
seuerall
maihems
which
he
hath
receiued
:
And
yet
if
seuerall
men
do
murder
or
otherwise
kill
a
man
,
there
may
be
but
one
appeall
of
murder
maintained
against
them
all
,
for
that
a
man
can
haue
but
one
death
.
40.
Ass.
p.
1.
But
if
a
man
sue
an
appeall
of
maihem
against
seuerall
persons
,
whereof
against
some
as
principals
,
and
some
others
as
accessories
,
and
after
apparance
he
is
nonsuit
,
he
can
not
pursue
an
other
appeall
of
maihem
against
the
same
persons
,
and
charge
those
as
accessories
,
which
before
he
had
named
principals
,
nor
those
principals
who
before
were
suggested
to
be
accessories
.
Principal
and
accessorie
in
maihem
.
62
In
an
appeall
of
maihem
the
plaintife
may
choose
to
make
all
principals
,
or
els
to
make
him
principall
that
did
first
strike
him
,
40.
Ass.
p.
9.
41.
Ass.
pla.
16.
and
the
residue
accessorie
.
The
Law
was
holden
in
auncient
time
that
the
plaintife
in
an
appeall
of
maihem
,
must
haue
declared
against
all
the
defendants
as
principals
:
But
now
he
may
choose
and
make
some
principals
,
and
some
accessories
:
for
an
appeall
of
maihem
is
in
effect
but
an
action
of
Trespas
wherein
the
plaintife
shall
recouer
damages
,
Maihem
is
a
Trespas
.
The
iudgment
in
appeall
of
maihem
.
according
to
the
quality
&
quantitie
of
the
offence
,
and
the
defendant
shall
be
imprisoned
.
8.
H.
4.
2
1.
And
if
the
plaintife
do
bring
an
appeal
of
maihem
whereas
it
doth
appeare
to
the
court
that
by
the
blow
which
was
giuen
him
he
is
not
maihemed
,
he
shall
paie
a
fine
.
Mainprise
in
an
appeall
of
maihem
.
63
In
an
appeall
of
maihem
if
it
do
appeare
to
the
court
that
the
maihem
is
very
apparant
,
gréeuous
,
bloudy
,
and
extreame
,
6.
H.
7.
1.
as
if
a
mans
legs
or
armes
be
broken
,
or
that
the
partie
maihemed
is
in
great
perill
of
death
,
the
defendant
shall
not
be
let
to
mainprise
,
no
more
then
he
should
be
in
an
appeall
of
murder
,
or
burglarie
.
But
if
the
maihem
be
not
apparant
,
or
that
it
is
doubtfull
,
and
questionable
whether
it
be
a
maihem
or
not
,
then
the
defendant
in
an
appeall
of
maihem
may
be
let
to
mainprise
.
And
that
also
appeareth
by
the
statute
intituled
officium
Coronatoris
:
whereby
it
is
ordained
,
Stat.
3.
E.
1.
that
vpon
an
appeall
of
maihem
,
if
the
wounds
be
mortall
,
they
which
be
appealled
shal
forthwith
be
apprehended
,
and
kept
vntill
it
be
knowen
whether
he
that
is
hurt
shall
recouer
or
not
:
if
he
die
they
shall
be
retained
,
if
he
liue
,
they
shall
be
attached
by
foure
or
sixe
pledges
according
to
the
bignesse
of
the
wound
,
if
it
be
for
a
maihem
then
there
shall
be
no
lesse
then
foure
pledges
,
if
a
small
wound
two
will
serue
.
64
In
an
appeall
of
maihem
the
plaintife
doth
declare
that
the
defendant
did
maihem
him
felonice
vt
felo
domini
Regis
:
Why
maihem
is
supposed
to
be
done
felomously
.
40.
Ass.
pla.
40.
6.
H.
7.
1.
and
so
it
may
be
called
felony
as
petit
Larcenie
is
called
felony
,
or
it
may
be
termed
felony
,
for
that
the
blow
which
caused
the
maihem
may
be
a
meane
of
his
death
within
the
yeare
and
day
after
the
stroke
stricken
,
and
then
it
will
be
felony
,
or
for
that
he
which
did
giue
the
blow
had
then
a
murdring
mynd
and
so
a
felonious
intent
.
65
It
is
a
good
plea
in
barre
in
an
appeall
of
maihem
for
the
defendant
to
plead
,
Barres
in
appeall
of
maihem
.
that
the
plaintife
at
the
place
aforesaid
,
Li.
intur
f.
45.
and
at
the
day
and
yeare
aforesaid
,
did
make
assault
vpon
the
defendant
,
and
would
haue
beaten
and
killed
him
,
vnlesse
the
defendant
had
then
and
there
quickly
defended
himselfe
against
the
plaintife
,
and
so
the
hurt
and
dammage
(
if
any
were
)
that
then
and
there
did
come
to
the
plaintife
was
of
the
plaintifes
owne
assault
and
in
defence
of
the
defendant
.
Iustifiing
in
his
owne
defence
.
And
likewise
it
is
a
good
plea
in
barre
in
an
appeall
of
maihem
for
the
defendant
to
plead
the
plaintifs
release
made
vnto
him
after
the
supposed
offence
done
of
all
actions
personals
,
or
of
all
actions
,
The
plaintifes
release
.
or
of
all
appeales
,
or
of
all
demaunds
:
for
in
this
case
the
plaintife
is
but
to
recouer
dammages
.
7.
H.
4.
30.
66
If
an
appeal
of
maihem
be
brought
against
diuers
,
Execusion
in
appeal
of
maihem
.
&
one
of
them
doth
appeare
in
court
and
confesse
the
maihem
,
and
is
committed
to
the
Marshalsea
,
and
the
plaintife
hath
iudgement
against
him
,
he
can
not
sue
against
the
residue
,
vnlesse
he
will
suffer
him
that
hath
confessed
the
maihem
to
goe
at
liberty
:
for
if
he
hath
iudgement
,
and
the
body
of
him
who
confessed
the
maihem
to
remaine
in
prison
,
that
shall
be
an
execution
for
this
whole
maihem
.
67
The
Sages
and
Iudges
of
the
land
in
former
ages
did
hold
it
for
law
,
An
action
of
Trespas
after
an
appeal
of
maihem
.
that
if
one
doe
assault
,
Fitz.
Coron̄
110.
22.
Ass.
p.
82
beate
,
and
maihem
an
other
,
and
the
partie
maihemed
doth
bring
an
appeall
of
maihem
against
the
offendor
,
and
recouer
dammages
against
him
,
yet
after
he
may
haue
an
action
of
Trespas
of
assault
and
battery
against
the
same
offendor
,
and
recouer
dammages
for
his
beating
:
and
the
recouerie
of
dammages
in
the
appeal
of
maihem
shal
be
no
plea
in
barre
against
the
plaintife
,
for
the
appeal
doth
only
medle
with
the
maiheming
,
&
not
with
the
beating
.
But
if
the
plaintife
do
bring
an
appeal
of
maihem
in
the
Kings
bench
,
43.
Ass.
p.
39
and
after
apparance
be
nonsuit
in
the
same
,
and
then
doe
bring
an
action
of
Trespas
of
assault
and
batterie
for
the
same
fact
,
Then
the
defendant
may
plead
the
same
appeal
and
nonsuit
in
barre
against
the
plaintife
,
and
it
is
a
good
plea.
41.
Ass.
p.
16
Co.
Lib.
4.
43.
But
of
late
yeares
,
viz.
Ann
31.
Eliz.
it
was
adiudged
,
that
in
this
and
all
cases
,
when
the
plaintife
for
one
wrong
and
iniurie
is
but
to
recouer
dammages
,
he
shall
not
be
for
that
cause
satisfied
twice
for
one
offence
:
And
in
these
two
actions
of
appeal
of
maihem
and
trespas
,
the
plaintife
shall
onely
recouer
dammages
.
And
therefore
it
was
adiudged
a
good
plea
in
barre
in
an
appeal
of
maihem
to
plead
,
that
the
plaintife
had
before
brought
an
action
of
Trespas
against
the
defendant
of
assault
,
battery
,
&
wounding
,
and
had
recouered
dammages
therein
,
and
to
auerre
that
the
same
assault
,
batterie
,
and
wounding
,
and
this
maiheming
were
all
one
offence
.
68
As
the
law
hath
prouided
remedies
to
punish
those
who
by
menace
,
Restraint
of
affraies
by
Iustices
of
peace
.
assault
,
battery
,
imprisonment
,
or
maiheming
,
do
breake
the
peace
,
So
hath
it
alwaies
had
a
vigilant
eie
by
anticipation
to
preuent
many
others
that
would
breake
the
peace
by
any
of
the
meanes
aforesaid
,
and
therefore
hath
from
age
to
age
,
appointed
méet
magistrates
and
watchmen
,
to
whose
charge
specially
(
as
selected
Sentinels
)
she
did
commit
the
preseruation
of
the
peace
,
who
in
times
past
before
the
raigne
of
King
Edward
the
third
were
called
Conseruators
of
the
peace
,
Stat.
1.
E.
3.
26.
and
sithence
they
haue
béen
termed
Iustices
of
peace
,
because
they
be
Iudges
of
record
,
or
otherwise
they
be
named
Commissioners
of
the
peace
,
because
they
haue
and
deriue
their
authority
by
the
Kings
Commission
:
who
him selfe
being
the
chiefe
and
generall
Conseruator
and
Preseruer
of
the
peace
throughout
all
his
Dominions
,
doth
by
his
seuerall
Commissions
commit
some
particles
of
his
authoritie
,
touching
the
continuance
of
the
peace
,
and
maintenance
of
certaine
of
his
Lawes
,
to
some
chiefe
and
select
men
in
all
the
parts
of
the
Realme
,
whom
he
taketh
to
be
the
most
méete
men
for
the
same
,
in
respect
of
their
integritie
,
wisdome
,
learning
,
courage
,
and
liuelyhood
.
The
forme
of
so
much
of
which
Commission
as
toucheth
the
Peace
and
good
Abearing
is
this
.
Iacobus
&c.
praedilecto
&
fideli
Conciliario
nostro
Thomae
domino
Elsmere
domino
Cancellario
,
nec
non
praedilectis
,
A.B.C.D.E.F.G.
H.I.L.M.N.O.P.
&c.
The
Commission
of
the
Peace
.
Sciatis
quod
assignauimus
vos
coniunctim
&
diuisim
,
&
quemlibet
vestrum
Iusticiarios
nostros
ad
pacem
nostram
in
Comitatu
nostro
buck.
conseruand'
,
ac
ad
omnia
ordinationes
&
Statuta
pro
bono
pacis
nostrae
,
ac
pro
conseruatione
eiusdem
,
&
pro
quieto
regimine
,
&
gubernatione
populi
nostri
aedita
in
omnibus
&
singulis
suis
articulis
in
dicto
comitatu
nostro
(
tam
infra
libertates
quam
extra
)
iuxta
vim
,
formam
,
&
effectum
eorundem
custodiend'
,
&
custo
dire
faciendum
.
Et
ad
omnes
contra
formam
ordinationum
vel
Statutorum
illorum
aut
eorum
alicuius
in
comitatu
praedicto
delinquentes
,
castigandum
&
puniendum
,
prout
secundum
sormam
ordinationum
&
Statutorum
illorum
fuerit
faciendum
.
Et
ad
omnes
illos
qui
alicui
vel
aliquibus
de
populo
nostro
,
de
corporibus
suis
,
vel
de
incendio
domorum
suarum
minas
fecerint
,
ad
sufficientem
securitatem
,
de
pace
vel
bono
gestu
suo
,
erga
nos
&
populum
nostrum
,
inueniendam
,
coram
vobis
seu
aliquo
vestrum
venire
faciendum
:
Et
(
si
huiusmodi
securitatem
inuenire
recusauerint
)
tunc
eos
in
prisonis
nostris
(
quousque
huiusmodi
securitatem
inuenirent
)
saluo
custodire
faciendum
.
Et
ideo
vobis
&
cuilibet
vestrum
mandamus
,
quod
circa
custodiam
pacis
,
ordinationum
,
Statutorum
,
&
omnium
&
singulorum
caeterorum
praemissorum
diligenter
intendatis
;
Et
ad
certos
dies
,
&
loca
,
quae
vos
vel
aliqui
duo
,
vel
plures
vestrum
(
vt
praedict'
est
)
ad
hoc
prouideritis
,
super
praemissis
faciatis
inquisitiones
,
&
premissa
omnia
&
singula
audiatis
&
terminetis
,
ac
ea
faciatis
&
expleatis
in
forma
praedicta
,
factur̄
in
de
quod
ad
Iusticiam
pertinet
,
secundum
legem
&
consuetudinem
Regni
nostri
Angliae
,
saluis
nobis
amerciamentis
,
&
alijs
ad
nos
inde
spectantibus
.
69
And
though
there
be
many
other
offences
mentioned
in
the
said
commission
which
the
Iustices
of
peace
are
by
force
of
the
said
Commission
to
enquire
of
,
heare
,
and
determine
,
and
to
punish
the
offendors
therin
,
according
to
the
lawes
and
Statutes
of
the
Realme
:
Yet
as
it
appeareth
by
the
words
of
the
said
commission
,
the
same
hath
his
chiefe
care
and
respect
of
the
peace
,
&
to
the
preseruation
thereof
.
And
to
the
intent
that
the
said
Iustices
,
or
commissioners
should
the
better
remember
and
respect
their
charge
and
dutie
,
they
are
called
Iustices
or
commissioners
of
the
peace
,
and
not
commissioners
of
justice
,
of
conscience
,
or
equitie
&c.
And
so
their
names
,
together
with
their
offices
,
and
duties
be
in
a
sort
written
in
their
foreheads
.
And
the
restraining
or
punishment
of
all
the
other
offences
mencioned
in
the
said
commission
,
do
only
tend
to
the
maintenance
of
justice
,
the
roote
,
foundation
,
and
supporter
of
peace
.
And
whereas
the
King
by
the
words
of
the
said
Commission
doth
appoint
the
persons
therin
named
his
Iustices
to
preserue
his
peace
,
The
Commission
doth
chiefely
respect
the
peace
.
and
to
kéepe
and
cause
to
be
kept
all
ordinaunces
,
and
Statutes
made
for
the
conseruation
of
the
peace
,
and
the
quiet
gouernment
of
his
people
:
These
Statuts
amongst
many
others
chiefly
be
intended
,
Sta.
2.
E.
3.
6.
18.
E.
3.
2.
34.
Ed.
3.
1.
the
Statutes
of
Anno
2.
Ed.
3.
18.
Ed.
3.
&
34.
Ed.
3.
by
which
it
is
ordained
,
that
Iustices
of
peace
shall
haue
power
to
heare
and
determine
at
the
Kings
suit
all
manner
of
felonies
,
Why
they
be
called
Iustices
of
Peace
.
and
Trespasses
,
committed
against
the
peace
in
the
same
County
:
and
to
restraine
offendors
,
riottors
,
&
all
other
barretors
,
and
to
pursue
,
take
,
and
chasten
them
,
to
imprison
and
punish
them
according
to
their
Trespas
and
offence
,
and
to
informe
them
according
to
the
said
Iustices
discretion
:
And
to
inquire
of
all
those
that
haue
béen
pillers
and
robbers
beyond
the
Sea
and
become
againe
,
and
goe
wandring
,
and
will
not
labour
as
they
had
wont
to
doe
:
And
to
take
and
arrest
all
those
,
which
they
can
find
by
inditement
,
or
suspition
,
and
to
commit
them
to
prison
:
Binding
persons
suspected
to
their
good
behauiour
.
And
to
take
of
all
those
which
be
not
of
good
fame
in
the
place
where
they
remaine
sufficient
suertie
and
maineprise
of
their
good
abearing
or
behauiour
towards
the
King
and
his
people
,
and
the
other
duelie
to
punish
,
To
the
intent
that
the
people
be
not
by
such
Rioters
troubled
,
or
endammaged
,
nor
the
peace
broken
,
nor
any
passengers
by
the
way
disturbed
,
or
put
in
perill
.
But
the
fines
which
Iustices
shall
assesse
vpon
any
person
shall
be
reasonable
,
hauing
regard
the
quantitie
of
the
Trespas
,
and
the
cause
.
70
So
that
it
appeareth
both
by
the
words
of
the
said
Commission
of
peace
,
A
Iustice
taking
suertie
of
the
peace
.
and
also
by
the
foresaid
Statutes
,
That
a
Iustice
of
peace
by
vertue
of
his
office
hath
authoritie
to
preuent
the
breach
of
the
peace
,
both
by
taking
suertie
for
the
kéeping
of
it
,
and
for
the
good
behauiour
of
the
offendors
,
And
that
he
may
do
either
of
his
owne
motion
,
or
discretion
,
or
els
at
the
request
or
praier
of
an
other
.
And
by
his
owne
discretion
he
may
cause
a
common
Barretor
,
Rioter
,
or
one
that
maketh
an
affray
in
his
presence
,
or
other
person
to
him
suspected
to
be
inclyned
to
the
breach
of
the
peace
,
9.
E.
4.
3.
or
men
menacing
one
to
hurt
or
kill
an
other
,
or
contending
in
whote
words
,
to
finde
suertie
of
the
peace
.
And
he
may
perswade
one
man
to
require
the
suertie
of
peace
against
an
other
man
,
and
he
himselfe
after
may
graunt
it
:
for
it
is
no
more
then
he
might
haue
done
of
his
owne
authoritie
:
which
suertie
of
the
peace
,
What
the
suertie
of
the
peace
is
.
is
a
recognizance
taken
by
the
said
Iustice
of
peace
of
the
partie
and
his
suerties
to
the
King
,
for
the
kéeping
of
the
peace
.
And
as
a
Iustice
of
peace
may
take
this
suertie
of
peace
,
or
suertie
of
good
abearing
,
as
a
Iudge
by
vertue
of
his
office
;
So
may
he
doe
it
as
a
minister
by
force
of
a
Supplicauit
directed
vnto
him
out
of
the
Chauncerie
;
Taking
suerty
of
the
peace
by
a
Supplicauit
.
in
which
case
he
is
then
only
to
direct
his
precept
to
compell
the
partie
vpon
the
writ
to
finde
suertie
of
the
peace
.
Which
Supplicauit
out
of
the
Chauncerie
is
sometime
directed
to
one
Iustice
of
peace
alone
,
sometime
to
moe
,
and
sometime
to
the
Shirife
,
and
sometime
to
him
with
others
:
And
then
the
same
Iustice
or
Iustices
of
peace
,
or
Shirife
must
make
retorne
of
the
said
writ
of
Supplicauit
,
and
a
Certificat
of
his
doing
into
the
Court
from
whence
the
same
was
awarded
.
And
if
the
said
Iustice
of
peace
shall
take
the
said
Recognizance
for
the
kéeping
of
the
peace
by
vertue
of
his
office
,
Sta.
3.
H.
7.
1
then
by
force
of
the
Statute
of
Anno
3.
H.
7.
he
shall
certifie
,
sende
,
Certificat
of
a
Recognizance
or
bring
the
same
Recognizance
at
the
next
Sessions
of
the
peace
where
he
is
,
or
hath
bin
Iustice
,
that
the
party
so
bound
may
be
called
.
And
if
the
partie
make
default
,
the
same
then
there
to
be
recorded
:
And
the
same
Recognizance
with
the
record
of
that
default
shall
be
sent
and
certified
into
the
Chauncerie
,
the
Kings
Bench
,
or
into
the
Exchequer
.
Suertie
of
good
abearing
.
And
the
suertie
of
good
abearing
is
granted
by
authority
of
the
foresaid
commission
of
peace
,
&
by
the
warrant
of
the
before
rehearsed
statut
of
34.
E.
3.
aswell
as
the
suerty
of
peace
is
,
&
it
is
ordained
for
the
preseruation
of
the
peace
,
&
it
doth
differ
in
nothing
from
that
of
the
peace
,
but
that
there
is
more
difficultie
in
the
performance
of
it
,
and
the
party
bound
may
sooner
slide
into
the
peril
&
danger
of
it
.
The
suerty
of
good
abearing
is
most
commonly
granted
in
open
sessions
,
or
by
two
,
or
thrée
Iust.
of
P.
Or
vpon
a
Supplicauit
,
&
great
cause
shewed
,
&
proued
,
it
is
granted
in
the
Chancery
or
K.
Bench.
And
though
one
Iustice
of
peace
alone
may
grant
it
if
he
will
,
yet
it
is
sildom
done
so
,
9.
E.
4.
3.
Kel
.
fo.
41.
vnles
it
be
to
preuent
some
great
,
sodain
,
&
imminent
enormity
or
danger
.
The
suerty
of
peace
is
most
times
taken
at
the
request
of
one
for
the
preseruation
of
the
peace
chiefely
against
one
.
But
the
suerty
of
good
abearing
is
oftentimes
graunted
at
the
suit
of
diuers
,
and
those
must
be
men
of
credit
,
and
to
prouide
for
the
safetie
of
many
:
for
the
effect
and
purport
thereof
is
,
that
the
partie
bound
shall
demeane
himselfe
well
in
his
port
,
behauiour
,
and
company
,
and
doe
nothing
that
may
be
the
cause
of
the
breach
of
the
peace
,
or
in
putting
the
people
in
feare
or
trouble
:
And
it
is
chieflie
graunted
against
common
Barretors
,
common
rioters
,
common
quarrellers
,
common
peace
breakers
,
and
persons
greatly
defamed
for
resorting
to
houses
suspected
to
maintaine
incontinencie
or
adulterie
,
and
against
those
that
be
generally
feared
to
be
robbers
or
spoilers
of
the
Kings
people
,
or
which
doe
endamage
,
disturbe
,
trouble
,
Articles
exhibited
to
haue
good
abearing
granted
.
or
put
in
peril
passengers
by
the
way
:
Co.
li.
4.
14.
And
therefore
if
one
doe
exhibit
Articles
to
Iustices
of
peace
against
a
certaine
person
,
comprehending
diuers
great
abuses
,
and
misdemeanors
,
not
onely
touching
the
Petitioner
himselfe
,
but
many
others
,
to
the
intent
that
the
same
person
may
be
bound
to
his
good
behauiour
:
in
this
case
the
partie
so
accused
shall
not
for
any
matter
conteined
in
the
said
Articles
maintaine
an
action
vpon
the
case
;
for
the
party
or
parties
who
exhibited
the
said
Articles
haue
pursued
an
ordinarie
course
of
Iust.
&
nothing
was
attempted
but
the
reformation
of
the
mans
conditions
,
and
to
haue
the
peace
and
good
behauiour
continued
.
The
suertie
of
good
abearing
in
other
cases
then
for
the
peace
.
And
though
this
suerty
of
good
abearing
is
chiefely
prouided
for
the
continuance
of
the
peace
,
yet
by
force
of
seuerall
Statutes
it
is
also
grauntable
in
some
other
cases
.
St.
10.
E.
●
.
3
As
if
the
King
do
graunt
to
any
person
a
charter
of
pardon
of
any
felony
,
then
he
shall
come
within
thrée
Monthes
before
the
Shirife
and
Coronors
of
the
same
Countie
where
the
felony
was
done
,
&
finde
sixe
sufficient
Mainpernours
(
for
whom
the
said
Shirife
and
Coronors
will
answere
)
that
he
from
thenceforth
shall
beare
him selfe
well
and
lawfully
.
Sta.
1.
M.
3
And
if
any
man
disturbe
a
Preacher
in
his
Sermon
he
shall
be
bound
to
his
good
abearing
for
one
yeare
.
St.
3.
Iac.
19.
5.
El.
21.
And
he
shall
be
bound
to
his
good
abearing
for
seauen
yeares
who
doth
vnlawfully
hunt
and
steale
deare
,
or
conies
or
take
away
wrongfully
any
haukes
,
or
haukes
egges
,
or
shall
vnlawfullie
distroy
or
breake
the
head
or
damme
of
any
pond
,
poole
,
moate
,
stagne
or
stew
whereas
fish
are
put
,
or
shall
wrongfully
fish
in
any
of
them
,
to
the
intent
to
steale
or
take
away
any
of
them
,
against
the
will
of
the
owner
or
possessor
of
the
same
,
not
hauing
lawfull
authoritie
so
to
doe
.
And
he
shall
be
bound
with
two
sufficient
suerties
in
CC.
Sta.
23.
El.
1.
l.
to
the
good
behauiour
which
doth
absent
himselfe
from
the
Church
by
the
space
of
twelue
moneths
&c.
71
Because
it
appeareth
by
the
words
of
the
foresaid
commission
of
peace
,
that
the
said
Iustices
of
peace
shal
cause
al
those
to
finde
suerty
of
peace
which
doe
threaten
any
of
the
Kings
people
to
hurt
them
in
body
,
or
to
burne
their
houses
:
For
whom
&
against
whom
the
suertie
of
peace
is
to
be
graunted
.
Therefore
all
lay
persons
vnder
the
degrée
of
Lords
or
Péers
of
the
Realme
;
and
also
Ecclesiasticall
persons
,
if
they
be
not
attendant
vpon
diuine
seruice
may
be
arrested
to
finde
suerty
for
the
peace
.
And
if
the
husband
do
threaten
to
kill
his
wife
,
or
outragiously
to
beate
her
,
or
that
she
hath
any
notorious
cause
to
feare
that
he
will
doe
so
,
Fitz.
Nat.
Bre.
80.
239.
she
may
demaund
the
suertie
of
the
peace
against
him
,
and
she
shall
haue
it
graunted
.
And
in
like
sort
and
for
the
like
causes
may
the
husband
demaund
suertie
of
the
peace
against
his
wife
,
in
which
case
shée
her selfe
shall
not
be
bound
,
but
others
shal
be
bound
for
her
.
And
a
Iustice
of
peace
vpon
his
owne
discretion
may
in
either
of
the
foresaid
cases
grant
suertie
of
peace
.
And
one
Iustice
of
peace
may
vpon
his
owne
discretion
,
or
at
the
request
of
an
other
graunt
the
suertie
of
peace
,
against
an
other
of
his
felow
Iustices
of
peace
of
the
same
county
.
And
one
Iustice
of
peace
may
demaund
suertie
of
peace
of
an
other
of
his
fellow
Iustices
against
an
other
man
.
A
man
attainted
of
Treason
,
or
Felony
,
or
in
a
Praemunire
,
A
man
attainted
.
An
Heretike
.
A
Dumb
man
An
Enfant
.
A
Villeine
.
or
abiured
,
or
conuict
of
Heresie
,
a
dumbe
man
,
or
an
Enfant
within
the
age
of
xiiij
.
yeares
,
may
demaund
&
ought
vpon
cause
to
haue
suertie
of
peace
.
And
so
may
a
Villeine
haue
suertie
of
peace
against
his
Lord
,
least
that
his
Lord
should
maihem
him
,
&
the
Lord
may
haue
suertie
of
peace
against
his
villein
.
A
dumbe
man
,
or
an
Enfant
aboue
the
age
of
xiiij
.
yeare
may
also
be
inforced
to
find
suerties
for
the
kéeping
of
the
peace
:
but
then
themselues
are
not
to
be
bound
,
but
some
others
for
them
:
Or
else
they
must
be
committed
to
prison
vntill
they
can
find
suerties
.
A
Iustice
of
peace
cannot
graunt
suertie
of
peace
against
a
Baron
of
the
Realme
,
nor
any
other
aboue
the
degrée
of
a
Baron
:
A
Baron
.
But
the
party
who
would
haue
the
peace
against
him
,
must
bring
him
by
Subpoena
into
the
Chauncerie
,
Fitzh
.
Subpoena
20.
&
there
he
must
be
bound
to
the
peace
.
A
man
that
is
frantike
shall
not
haue
the
suertie
of
peace
of
his
owne
demaund
,
A
mad
man
.
because
he
hath
not
discretion
to
request
it
.
But
a
Iustice
of
peace
vpon
his
own
discretion
may
bind
an
other
to
kéepe
the
peace
against
him
,
if
he
sée
cause
thereof
.
Neither
shall
he
who
is
a
Alien
borne
,
&
no
Denizen
,
An
Alien
.
nor
in
friendship
with
the
King
&
the
Realme
haue
suertie
of
peace
graunted
him
.
17.
Ed.
4.
4.
72
If
a
man
do
threaten
an
other
to
imprison
him
,
the
partie
threatned
shall
not
haue
the
suertie
of
peace
against
him
that
did
so
menace
him
,
Vpon
what
cause
the
suertie
of
peace
is
to
be
graunted
.
for
that
after
he
is
imprisoned
,
he
may
haue
against
the
other
a
Homine
replegiando
,
or
an
action
of
false
imprisonment
,
and
recouer
damages
,
&
so
be
recompenced
for
his
imprisonment
.
But
if
one
man
do
threaten
an
other
to
beate
him
,
the
partie
threatned
may
haue
the
suertie
of
peace
against
him
:
for
that
beating
may
tend
to
the
maiheming
or
killing
of
him
,
which
the
suertie
of
peace
might
haue
preuented
.
If
a
man
do
feare
that
an
other
will
kill
him
,
maihem
him
,
hurt
him
in
bodie
,
or
burne
his
house
,
or
procure
,
or
cause
the
same
to
be
done
,
and
will
come
before
a
Iustice
of
peace
,
Fitz.
Na.
B.
79.
&
take
his
corporall
oath
to
that
effect
,
the
Iustice
of
peace
is
to
graunt
him
the
suertie
of
peace
against
the
man
complained
of
:
for
that
may
satisfie
the
conscience
of
the
said
Iustice
,
that
the
partie
doth
complaine
vpon
méere
feare
,
and
not
vpon
malice
or
vexation
.
And
though
the
partie
against
whom
the
peace
is
demaunded
may
séeme
to
the
Iustice
of
peace
to
be
a
simple
person
,
weake
,
féeble
,
impotent
,
or
far
vnable
to
incounter
by
force
and
strength
with
him
that
demaundeth
the
suertie
of
peace
,
yet
he
may
procure
,
or
cause
the
other
to
be
slaine
,
maihemed
,
beaten
,
or
his
house
to
be
burned
:
And
further
if
the
party
that
doth
complaine
and
desi●eth
the
suertie
of
peace
,
will
sweare
that
he
doth
feare
,
where
indéed
he
neither
doth
feare
,
nor
hath
cause
of
feare
,
yet
his
oath
doth
therein
discharge
the
conscience
and
oath
of
the
Iustice
of
peace
.
And
the
whole
fault
(
if
any
be
)
shall
be
iustly
imputed
to
the
complainor
.
73
And
whereas
the
words
of
the
kings
Commission
be
,
Suertie
of
peace
inioyned
by
word
or
writing
.
That
the
said
Iustices
of
peace
shal
cause
all
those
to
find
suertie
of
peace
,
which
do
threaten
any
of
the
kings
people
to
hurt
them
in
bodie
,
or
to
burne
their
houses
.
It
is
to
be
obserued
,
that
in
some
cases
a
Iustice
of
peace
may
by
his
owne
word
only
cause
suertie
of
peace
to
be
found
,
&
sometime
he
must
do
it
by
writing
:
As
if
one
man
do
in
the
presence
&
hearing
of
a
Iust.
of
peace
,
threaten
to
kill
,
maihem
,
wound
,
or
beate
an
other
,
or
to
burne
his
house
,
or
in
his
presence
do
offer
to
strike
,
or
beate
an
other
,
the
Iustice
of
peace
may
commaund
him
by
word
to
find
suertie
of
peace
:
Or
if
one
man
will
demaund
of
a
Iustice
of
peace
,
the
suertie
of
the
peace
against
an
other
man
,
who
is
then
in
the
presence
of
the
said
Iustice
of
peace
,
and
will
then
and
there
be
sworne
that
he
is
affraid
of
him
,
the
Iustice
of
peace
may
by
word
commaund
the
same
partie
to
find
suertie
of
peace
:
or
otherwise
he
may
commaund
the
Shirife
,
Bailife
,
or
some
knowen
officer
,
or
his
owne
seruant
being
then
present
,
to
arrest
the
same
partie
,
and
to
bring
him
before
him
to
find
suertie
of
peace
.
But
if
the
partie
against
whom
the
peace
is
demaunded
,
or
the
Shirife
,
or
Baylife
be
absent
,
and
not
at
that
time
in
the
presence
of
the
Iustice
of
peace
:
Then
the
same
Iustice
must
make
a
warrant
or
precept
in
writing
to
the
Constables
,
Boursholders
,
Tythingmen
,
&c.
or
to
any
other
man
(
though
he
be
no
Officer
)
to
arrest
the
same
partie
,
and
to
bring
him
before
him
,
or
some
of
his
fellow
Iustices
to
find
suertie
of
peace
.
In
which
Precept
must
be
conteined
the
cause
why
the
peace
was
graunted
,
and
at
whose
suit
,
to
the
intent
that
the
partie
to
be
bound
may
prouide
his
suerties
ready
,
and
take
them
with
him
to
the
Iustice
of
peace
.
Suertie
of
peace
commaunded
by
writing
.
And
the
warrant
ought
to
beare
date
of
the
place
where
it
was
made
,
14.
H.
8.
18.
to
the
intent
that
if
an
action
of
False
imprisonment
be
brought
against
him
that
made
the
same
arrest
by
force
of
that
warrant
,
the
defendant
in
his
plea
must
shew
the
place
where
it
was
made
.
If
suertie
of
peace
be
required
of
a
Iustice
of
peace
of
one
County
(
which
at
that
time
remayneth
out
of
the
Countie
where
he
is
Iustice
)
against
a
man
of
the
Countie
where
he
is
Iustice
,
the
same
Iustice
may
graunt
a
precept
to
be
serued
in
the
Countie
where
he
is
Iustice
:
A
Iustice
remayning
out
of
the
countie
.
But
when
the
partie
shall
be
warned
to
find
suerties
,
Plow
.
Com.
fol.
37.
13.
Ed.
4.
8.
the
officer
must
not
carrie
him
out
of
that
Countie
to
the
Iustice
that
made
the
precept
,
but
to
some
other
Iustice
of
that
Countie
:
for
a
Iustice
hath
no
authoritie
but
in
the
Countie
where
he
is
Iustice
.
The
seruing
of
proces
for
the
peace
.
74
If
a
Precept
be
made
by
a
Iustice
of
peace
(
either
as
he
is
a
Iudge
,
or
as
he
is
a
minister
)
to
two
men
to
arrest
a
man
to
find
suertie
of
the
peace
,
yet
one
of
them
alone
may
do
it
:
If
it
be
directed
to
the
Shirife
,
he
may
commaund
his
Vndershirife
,
Bailife
,
or
other
sworne
or
knowen
officer
to
serue
it
,
Who
may
serue
a
warrant
without
writing
,
who
not
.
without
any
precept
by
writing
:
But
if
he
will
commaund
an
other
man
that
is
no
knowen
officer
to
serue
it
,
he
must
deliuer
him
a
precept
in
writing
,
for
otherwise
he
doth
if
not
by
sufficient
warrant
,
&
so
a
writ
of
False
imprysonment
will
lie
against
him
for
the
arrest
.
And
if
a
Iust.
of
peace
do
direct
his
warrant
to
the
Shirifes
Bailife
,
his
owne
seruant
,
or
to
a
stranger
,
to
arrest
one
for
to
find
suertie
of
the
peace
,
the
partie
to
whom
that
warrant
is
made
must
serue
it
himselfe
,
for
he
can
commaund
none
other
to
do
it
,
either
by
precept
or
word
.
A
sworne
&
knowen
officer
,
be
he
Shirife
,
Vndershirife
,
or
Bailife
,
Who
may
serue
a
warrant
without
shewing
of
it
,
and
who
not
.
&c.
8.
E.
4.
14.
20.
H.
7.
13.
néed
not
to
shew
his
warrant
to
a
man
when
he
commeth
to
serue
it
vpon
him
,
for
his
knowen
office
doth
authorize
him
.
But
if
a
Iustice
of
peace
will
direct
his
warrant
to
his
seruant
,
or
to
an
other
stranger
to
serue
,
he
must
shew
his
warrant
to
the
partie
(
if
he
will
demaund
it
)
or
otherwise
the
partie
may
make
resistance
,
and
néed
not
to
obey
it
.
And
if
the
party
against
whom
the
suertie
of
the
peace
is
graunted
,
Refusing
to
obey
the
Iustices
warrant
.
will
vpon
the
seruing
of
the
Iustices
precept
,
refuse
to
come
to
be
bound
to
the
peace
,
the
partie
to
whom
the
warrant
is
directed
,
may
commit
him
to
the
gaole
of
the
same
Countie
,
there
to
remaine
vntill
he
will
find
suerties
.
A
warrant
for
the
peace
.
Buck.
The
forme
of
which
warrant
for
the
peace
is
this
,
viz.
Anthonius
Greenway
Miles
,
vnus
Iusticiariorum
domini
Regis
nunc
,
ad
pacem
in
Comitatu
praedicto
conseruandam
assignatus
,
vicecomiti
comitatus
praedicti
.
Nec
non
omnibus
&
singulis
Balliuis
,
Constabularijs
ceterisque
Dni
Regis
ministris
,
tam
infra
libertates
quam
extra
in
eodem
come
salutem
.
Quia
A.
B.
de
Bechampton
in
comitatu
praedicto
Taylor
venit
coram
me
,
&
sacramentum
praestitit
corporale
,
quod
ipse
sibi
metuit
damnum
vel
malum
de
vita
&
mutilatione
membrorum
per
R.C.
de
Stonistratford
in
comitatu
praedict'
Butcher
,
vel
per
alium
per
eius
procurationem
ficri
.
Ideo
vobis
&
cuilibet
vestrum
exparte
dicti
Domini
Regis
mando
quod
capiatis
,
seu
vnus
vestrum
capiat
p̄fatum
R.
C.
ita
quod
habeatis
,
seu
vnus
vestrum
habeat
corpus
eius
coram
me
,
vel
aliquo
sociorum
meorum
Iusticiaor̄
dicti
dni
Regis
ad
pacem
in
predict.
Comitur
conseruandam
assignatur
quam
cito
capi
possit
ad
inueniendam
sufficientem
securitatem
,
quod
ipse
aliquod
malum
vel
damnum
de
vita
seu
mutilitatione
membrorum
dicto
A.
B.
non
faciet
nec
fieri
procurabit
quouismodo
.
Et
si
hoc
facere
recusauerit
tunc
ipsum
R.
C.
Gaole
dicti
dni
Regis
in
comitatu
predict'
duci
faciatur
,
seu
vnus
vestrum
duci
faciat
,
ibidem
moraturum
,
quousque
hoc
gratis
facere
voluerit
.
Et
qualiter
hoc
praeceptum
fuerit
executum
scire
facias
dictis
Iusticiarijs
ad
proxima
generalem
Sessionem
pacis
in
com'
paedict'
tenendam
,
&
habeas
ibi
tunc
hoc
preceptum
.
Dat.
apud
Lecomstead
&c.
21.
H.
7.
21.
Co.
li.
5.
59.
75
If
a
Iustice
of
peace
doe
direct
his
warrant
to
a
Constable
or
other
officer
,
to
arrest
one
,
and
to
bring
him
before
the
same
Iustice
,
To
which
Iustice
of
peace
the
partie
arrested
is
to
be
brought
.
or
some
other
of
his
companions
to
find
suertie
of
the
peace
,
and
he
doth
arrest
him
accordingly
,
but
will
not
bring
him
before
such
a
Iustice
of
peace
as
the
partie
arrested
will
nominate
,
but
before
some
other
,
yet
notwithstanding
the
party
arrested
shall
not
haue
an
action
of
false
Imprisonment
,
or
an
action
of
the
case
,
nor
other
remedy
against
the
same
Constable
,
or
officer
:
for
it
is
in
the
discretion
of
the
same
Constable
,
or
officer
,
to
bring
the
party
arrested
before
which
Iustice
of
peace
of
that
County
that
he
will
,
so
that
he
dwell
within
a
conuenient
distance
,
and
not
too
farre
from
the
parties
owne
habitation
.
But
if
a
Supplicauit
of
the
peace
be
directed
to
the
Iustices
of
the
peace
,
the
Iustice
to
whom
the
writ
is
first
deliuered
shall
only
make
the
precept
to
apprehend
the
partie
to
find
suerty
of
the
peace
,
and
that
precept
shall
be
retornable
before
him
only
,
and
he
only
shall
take
the
suerties
,
and
only
make
the
retorne
without
the
others
.
Co.
lib.
5.
59
And
a
Iustice
of
peace
may
if
he
will
make
a
warrant
to
the
Constable
to
bring
the
partie
before
himselfe
.
5.
Ed.
4.
12.
76
If
a
Iustice
of
peace
doe
direct
his
warrant
to
the
Constable
,
A
warrant
to
find
suertie
to
keepe
the
peace
or
some
other
to
cause
A.B.
to
finde
suerties
to
kéepe
the
peace
,
The
same
Constable
or
&c.
must
first
require
the
same
A.B.
to
find
suerties
to
kéepe
the
peace
,
and
if
he
doe
refuse
it
,
then
he
may
arrest
the
same
A.
B.
for
if
A.
B.
will
finde
suerties
,
then
the
said
Constable
may
not
arrest
him
,
because
the
purport
of
the
precept
is
performed
(
which
is
if
he
refuse
so
to
doe
,
that
then
he
shall
conuey
him
to
the
Gaole
.
)
And
if
the
Constable
shall
arrest
A.
B.
after
that
he
hath
found
suerties
according
to
the
precept
,
the
same
A.
B.
may
haue
an
action
of
false
imprisonment
against
him
,
for
that
he
hath
arrested
and
imprisoned
him
without
warrant
,
or
cause
.
And
likewise
if
the
Constable
do
arrest
A.
B.
and
doe
not
carrie
him
before
some
Iustice
of
peace
,
5.
E.
4.
6.
to
find
suerties
to
kéepe
the
peace
or
if
he
resist
,
or
refuse
so
to
doe
,
then
if
he
doe
not
carrie
him
to
the
Gaole
,
A.B.
may
haue
an
Action
of
false
Imprisonment
against
the
Constable
:
The
partie
must
offer
his
suerties
.
And
when
the
partie
commeth
to
the
Iustice
of
peace
by
force
of
a
warrant
,
he
must
offer
suerties
to
the
Iust.
of
P.
or
else
he
may
commit
him
to
prison
:
14.
H.
7.
5.
for
the
Iust.
néedeth
not
to
demaund
suertie
of
him
.
Suerty
of
the
peace
dieth
with
the
king
77
The
suertie
of
peace
is
discharged
by
the
kings
death
,
1.
H.
7.
1.
for
the
band
is
to
obserue
the
peace
of
the
King
,
and
when
he
is
dead
it
is
not
his
peace
:
So
doth
the
death
of
the
recognisor
,
&
so
doth
also
the
death
of
him
at
whose
suit
it
was
taken
,
discharge
the
suertie
of
the
peace
if
in
those
cases
it
were
not
forfeited
before
.
The
Iustices
authoritie
dieth
with
the
King
.
And
in
like
sort
when
the
King
by
his
commission
doth
appoint
Iustices
of
peace
and
after
dieth
,
or
giueth
ouer
his
crowne
,
the
Authoritie
of
the
same
Iustices
doth
cease
:
for
he
maketh
them
Iusticiarios
suos
,
and
therefore
when
he
dieth
their
authority
endeth
.
The
suertie
for
the
peace
must
be
named
.
78
When
a
Iustice
of
peace
doth
take
suerties
for
the
peace
,
2.
H.
7.
4.
it
is
not
sufficient
to
say
,
that
I.
N.
hath
found
sufficient
suertie
for
the
peace
without
naming
the
names
of
the
suerties
:
but
he
must
name
their
names
and
surnames
.
He
that
is
vound
to
the
peace
must
appeare
&c.
79
If
a
man
doe
finde
suerties
to
kéepe
the
peace
,
39.
H.
6.
26.
and
hath
day
vntill
a
time
prefixed
,
he
must
appeare
the
same
day
(
although
he
who
demaunded
the
peace
doe
not
appeare
)
or
otherwise
,
he
shall
forfeit
his
band
.
But
it
is
otherwise
where
a
suit
is
betwéene
party
and
party
,
and
the
defendant
being
taken
by
a
Capias
is
bound
to
appeare
vpon
a
day
appoynted
.
80
When
the
suertie
of
peace
is
graunted
against
a
man
by
a
Iustice
of
peace
,
he
will
sometime
rather
desire
to
be
bound
to
the
peace
by
an
other
Iustice
,
then
by
him
that
graunted
the
same
,
and
made
the
warrant
:
And
therefore
he
may
offer
himselfe
to
become
bound
to
the
peace
to
some
other
Iustice
of
peace
of
that
County
if
he
will
,
A
Supersedeas
for
the
peace
.
&
then
procure
a
Supersedeas
from
that
other
Iustice
before
whom
he
is
bound
to
all
other
Iustices
of
that
Countie
to
be
discharged
of
any
other
arrest
to
be
made
of
him
,
for
the
law
doth
not
require
that
he
should
be
seuerall
times
bound
for
one
cause
.
And
this
Supersedeas
is
sufficient
although
it
neither
name
the
suertie
,
nor
contein
the
summes
wherin
they
are
bound
,
but
yet
it
is
a
better
forme
to
expresse
them
both
,
as
the
Chauncerie
and
Kings
Bench
doe
.
And
when
a
man
doth
heare
of
such
a
precept
awarded
or
granted
against
him
by
a
Iust.
of
peace
of
the
County
where
he
dwelleth
,
he
may
go
&
eyther
giue
suertie
of
the
peace
in
the
K.
Bench
or
els
in
the
Chancery
,
&
thereupon
may
procure
a
Supersedeas
from
the
court
where
he
is
bound
,
to
restrain
the
Iust.
of
peace
of
the
County
to
take
any
suertie
of
peace
of
him
.
And
then
the
Iustices
of
peace
of
that
County
must
forbeare
to
make
any
warrant
for
the
peace
against
the
partie
;
and
if
any
of
them
haue
awarded
it
,
A
precept
awarded
by
force
of
a
Supplicauit
.
he
must
make
a
Supersedias
to
discharge
it
.
But
a
Iust.
of
peace
of
the
county
by
a
Supersedeas
cannot
discharge
a
precept
that
is
awarded
by
his
felow
Iust.
by
force
of
a
Supplicauit
directed
to
him
out
of
the
Chancery
or
the
K.
Bench
to
take
the
suertie
of
peace
of
one
resident
in
that
County
.
If
any
officer
hauing
a
warrant
from
a
Iust.
of
P.
to
arrest
a
man
to
find
suerty
of
the
peace
shall
receiue
a
Supersedeas
out
of
the
Chancery
,
or
the
Kings
Bench
,
or
from
any
Iustice
of
the
Kings
Bench
or
from
any
Iustice
of
peace
of
that
County
where
he
is
commorant
,
to
discharge
the
same
suerty
of
peace
,
wil
neuertheles
vrge
that
partie
against
whom
the
same
warrant
is
granted
to
find
new
suertie
for
the
peace
,
he
may
refuse
to
giue
it
:
And
if
the
said
officer
will
therupon
vnder
the
color
of
his
warrant
commit
him
to
prison
,
the
party
imprisoned
may
haue
an
action
of
false
impris
.
against
him
:
for
the
the
said
warrrant
is
discharged
by
as
great
authoritie
,
or
greater
,
as
it
was
made
,
and
the
thing
for
the
which
it
was
made
is
effected
.
The
forme
of
which
Supersedeas
graunted
by
a
Iustice
of
the
peace
is
this
,
viz:
Thomas
Denton
Miles
,
Buck.
vnus
Iusticiariorum
dni
Regis
nunc
ad
pacem
in
Comitatu
predicto
conseruandum
assignatur
,
Vicecomiti
comitatus
praedicti
:
A
Supersedeas
for
the
peace
.
Nec
non
cibus
&
singulis
Balliuis
,
Constabularijs
,
ceterisque
dicti
dni
Regis
ministris
,
tam
infra
libertates
quam
extra
in
eodem
Con̄i
Salutem
.
Quia
A.
B.
de
Poundon
in
come
praedict'
Laborer
venit
coram
me
,
&
in
venit
sufficientem
securitatur
qd'ipse
comparebit
ad
proximam
generalem
Sessionem
pacis
in
come
praedicto
tenend'
.
Et
quod
ipse
interim
pacem
dicti
Dni
Reg.
erga
ipsum
dominum
Reg.
&
cunctum
populum
suum
,
&
precipuè
erga
C.
D.
de
Twyford
in
come
praedicto
Husbandman
conseruabit
ideo
ex
parte
dicti
dni
regis
vobis
&
cuilibet
vestrum
mando
,
quod
de
arrestando
,
imprisonando
,
seu
aliqualiter
molestando
praedictum
A.
B.
ex
causa
predicta
Supersedeatis
,
&
quilibet
vestrum
Supersedeat
omnio
.
Et
si
eum
ex
dict'
causa
,
&
non
alia
ceperitis
,
seu
imprisionaueritis
,
seu
aliquis
vestrum
ceperit
,
seu
imprisonauerit
,
tunc
à
prisona
illa
s●ne
dilatione
deliberari
faciatis
,
Supersedeas
in
the
Chancery
for
one
bound
in
the
common
pla●e
.
datum
apud
Hilsdon
&c.
22.
H.
6.
59.
But
if
a
man
be
arrested
in
the
common
place
for
the
suertie
of
peace
,
and
he
is
lett
to
baile
,
to
a
certaine
day
,
at
which
day
he
doth
bring
a
Supersedias
out
of
the
Chauncerie
,
that
he
hath
found
suerties
in
the
Chauncery
:
that
is
not
alloweable
,
because
he
was
by
baile
,
which
is
an
imprisonment
in
law
,
and
therefore
the
suertie
in
the
Chauncery
will
not
serue
.
And
it
may
be
that
the
suerties
in
the
Chancery
be
not
sufficient
,
and
that
the
King
and
the
Court
was
deceiued
therein
.
And
yet
the
common
place
hath
no
authority
to
take
suerty
of
peace
,
2.
H.
7.
1.
but
of
the
peace
broken
before
them
.
81
When
the
partie
against
whom
the
precept
is
awarded
to
find
suerties
for
the
kéeping
of
the
peace
,
A
Recognizance
for
the
keeping
of
the
peace
.
doth
come
before
the
Iustice
of
peace
to
be
bound
to
the
peace
,
then
it
resteth
in
the
discretion
of
the
same
Iustice
of
peace
(
if
he
deale
in
this
cause
as
a
Iustice
of
peace
by
force
of
the
generall
commission
of
peace
,
and
so
as
a
Iudge
)
to
assigne
what
number
of
suerties
he
will
accept
to
be
bound
with
the
party
,
in
what
summe
of
money
the
party
&
his
suerties
shall
be
bound
,
to
allow
,
or
disallow
of
the
sufficiencie
of
those
suerties
,
to
limit
the
time
how
long
the
party
shall
be
bound
,
and
to
determine
vpon
some
such
other
circumstances
touching
that
matter
.
But
if
the
same
Iust.
of
peace
be
commanded
as
a
minister
in
the
execution
of
the
writ
of
Supplicauit
,
to
take
the
peace
of
any
person
,
then
he
must
do
as
the
writ
doth
direct
him
,
which
sometime
is
to
take
sufficient
suertie
to
be
bound
in
a
summe
prescribed
,
and
some
other
time
not
,
&
then
it
resteth
in
his
owne
discretion
.
The
most
vsuall
maner
is
for
a
Iustice
of
peace
to
take
two
suerties
,
besides
the
partie
himselfe
,
to
be
bound
by
Recognizance
to
the
King
,
viz.
Domino
Regi
,
and
that
must
alwaies
be
for
the
kéeping
of
the
peace
.
The
forme
of
which
Recognizance
for
the
kéeping
of
the
peace
is
as
followeth
,
viz.
Memorandum
qd'
nono
die
Augusti
,
Anno
regni
dni
nostr'
Regis
Iacobi
dei
gratia
&c.
5.
A.B.
de
Padburie
in
Comitatu
predict'
Husbandman
,
Buck.
in
propria
persona
sua
venit
coram
me
Richardo
Ingols
by
Milite
,
vno
Iusticiariorum
dicti
dni
Regis
ad
pacem
in
dicto
Comitatur
conseruandam
assignatorum
,
&
assumpsit
proseipso
sub
poena
xx
.
li.
et
D.E.
&
H.I.
de
C.
in
Comitatur
praedictur
Husbandmen
,
adtunc
&
ibm'
in
ꝓprijs
personis
suis
similiter
venerunt
,
&
manuceperunt
pro
praedicto
A.
B.
viz
quilibet
eorum
seperatim
sub
poena
x.
li.
quod
idem
A.
B.
personaliter
comparebit
coram
Iusticiarijs
dicti
domini
Regis
ad
pacem
ad
ꝓximam
generalem
Sessionem
pacis
in
Compredicto
apud
Buck.
tenendam
,
ad
faciendum
&
recipiendum
quod
ei
per
Curiam
tunc
&
ibidem
iniungetur
.
Et
quod
ipse
interim
pacem
dicti
dni
Regis
custodiet
erga
ipsum
dominum
Regem
&
cunctum
populum
suum
,
&
praecipue
versus
L.M.
de
O.
de
comitatu
praedict.
Et
quod
damnum
vel
malum
aliquod
corporale
,
aut
grauamen
praefatur
L.M.
nec
alicui
de
populo
dicti
domini
Regis
quod
in
laesionem
aut
perturbationem
pacis
ipsius
Domini
Regis
seu
praefati
L.M.
cedere
valeat
,
quouismodo
non
faciet
,
nec
fieri
procurabit
.
Quam
quidem
summam
xx
.
l'
.
praedict'
A.B.
&
quilibet
manucaptorum
praedictorum
praedictas
seperales
summas
x.
l'
.
recognouerunt
se
debere
dicto
domino
Regi
,
de
terris
&
tenementis
bonis
,
&
catallis
suis
,
&
cuiuslibet
eorum
ad
opus
dicti
domini
Regis
fieri
&
leuari
ad
quorumcunque
manus
deuenerunt
,
si
contigerit
ipsum
A.B.
praemissa
vel
eorum
aliquid
in
aliquo
infringere
,
&
inde
legitimo
modo
conuinci
.
In
cuius
rei
testimonium
ego
predictus
Richardus
Ingolsby
sigillum
meum
apposui
.
Datur
apud
Lethenborow
die
&
Anno
supradict'
.
And
the
forme
of
the
Recognizance
for
the
good
abearing
is
this
,
viz.
A
Recognizance
for
the
good
abearing
.
Memorandum
&c.
&
quod
ipse
A.
B.
interim
se
bene
geret
erga
Dn̄m
Reg.
&
cunctum
populum
suum
,
&
praecipuè
erga
L.
M.
Et
quod
ipse
non
inferet
nec
inferri
ꝓcurabit
per
se
nec
per
alios
,
damnum
aliquod
seu
grauamen
prefato
L.M.
seu
alicui
de
populo
ipsius
dni
Regis
de
corporibus
suis
,
per
insidias
,
insultus
,
seu
aliquo
alio
modo
quod
in
laesionem
seu
perturbationem
pacis
dicti
dni
Regis
cedere
valeat
quouismodo
,
viz.
vterque
praedict'
D.
E.
et
H.
I.
sub
poena
50.
libr'
,
et
praedict'
A.
B.
sub
poena
100.
libr'
&c.
And
this
may
be
done
by
a
single
Recognizance
in
Latin
,
with
a
Condition
thereunto
added
in
English
for
the
kéeping
of
the
peace
,
or
the
good
Abearing
,
and
for
the
day
and
place
of
the
parties
apparance
at
the
Quarter
Sessions
.
82
A
Iustice
of
peace
who
vpon
his
owne
discretion
compelleth
one
to
find
suertie
of
the
peace
vntill
a
certaine
day
,
may
vpon
the
like
discretion
release
the
same
before
that
day
:
A
Releas
of
the
suertie
of
peace
.
But
if
a
Iustice
of
peace
do
graunt
the
peace
at
the
request
of
an
other
,
viz.
at
the
suit
of
A.
and
that
the
Recognizance
be
taken
to
kéepe
the
peace
against
A.
then
may
the
same
A.
only
releas
it
,
and
none
other
,
before
the
same
Iustice
of
peace
,
or
any
other
Iustice
,
that
will
certifie
the
same
releas
before
the
Iustices
of
peace
at
the
next
quarter
Sessions
;
for
that
certificat
being
of
record
will
discharge
it
,
which
a
releas
by
déed
can
not
do
,
the
suertie
of
peace
being
a
Recognizance
,
and
so
of
it selfe
a
record
.
And
though
the
Recognizance
be
versus
cunctum
populum
,
&
precipuè
versus
A.
yet
may
the
same
A.
releas
it
:
for
though
it
may
séeme
populer
,
and
that
others
should
haue
equall
interest
therein
with
A.
yet
as
it
appeareth
by
the
word
precipuè
,
it
was
specially
taken
for
his
safetie
.
But
though
in
some
case
a
Iustice
of
peace
may
releas
the
suertie
of
the
peace
,
&
in
some
other
case
the
partie
,
yet
the
King
can
in
neither
of
the
said
cases
releas
it
vntill
it
be
forfeited
,
for
the
mischiefe
that
may
come
to
A.
thereby
,
though
the
Recognizance
be
taken
domino
Regi
,
for
that
it
is
not
a
debt
vnto
him
vntill
it
be
forfeited
:
But
being
forfeited
,
then
the
King
,
and
none
other
may
releas
&
pardon
the
forfeiture
.
And
in
the
cases
aforesaid
,
though
the
Iust.
of
peace
,
or
the
party
may
releas
the
suertie
of
the
peace
,
Buck.
The
Iustices
release
of
the
peace
.
yet
the
Recognizance
before
taken
for
the
suertie
of
the
peace
must
not
be
cancelled
,
least
the
peace
was
broken
before
the
releas
made
,
&
so
the
Recognizance
was
forfeited
.
And
the
forme
of
the
Iustice
of
peace
releas
of
the
peace
is
this
:
Ego
prefatus
Paulus
Risley
armiger
,
vnus
Iusticiariorum
dni
Regis
nunc
ad
pacem
in
Compredictur
conseruandam
assignatur
,
qui
S.
T.
de
Preston
ad
securitatem
pacis
inueniendam
mea
discretione
compuli
eandem
securitatem
pacis
,
quantum
in
me
est
,
in
mea
discretione
10.
die
Maij
Ann
5.
Reg.
Iac.
&c.
remisi
&
relaxaui
.
Dat'
apud
Chetwood
&c.
And
the
forme
of
the
release
of
the
party
before
the
same
Iustice
that
tooke
the
Recognizance
of
the
peace
is
this
:
Memorandum
quod
10.
die
Iulij
Anno
5.
The
parties
release
of
the
peace
.
Regis
Iacobi
&c.
A.
B.
venit
coram
me
Francisco
Cheney
Milite
,
vno
Iusticiariorum
dom̄
Regis
nunc
ad
pacem
&c.
&
gratis
remisit
&
relaxauit
(
quantum
in
se
est
)
praedictam
securitatem
pacis
per
ipsum
versus
supranominatum
S.
T.
petitam
.
In
cuius
rei
testimonium
,
ego
prefatus
F.
C.
&c.
Datur
apud
Chessam
Bois
&c.
And
in
like
sort
the
Iustice
or
Iustices
of
peace
may
doe
,
which
tooke
suretie
for
the
good
abearing
,
if
they
sée
cause
.
83
The
peace
or
good
abearing
is
broken
,
Causes
of
the
breach
of
the
peace
,
or
good
abearing
.
&
the
Recognisance
taken
for
the
kéeping
of
the
same
,
is
forfeited
by
violent
,
extreame
,
malicious
,
and
vnlawfull
menacings
,
assaults
,
affrayes
,
batteries
,
strikings
,
or
imprisonments
:
as
if
a
man
bound
to
the
Peace
,
doe
wrongfully
and
malitiously
menace
,
assault
,
beat
,
or
imprison
another
:
or
doe
forcibly
thrust
him
into
a
riuer
,
well
,
or
pond
,
whereby
he
is
in
danger
of
drowning
:
or
doe
rauish
a
woman
against
her
will
:
or
doe
commit
manslaughter
,
burglarie
,
or
robberie
,
or
treason
against
the
person
of
the
King
.
Br.
peace
20
And
if
a
man
be
bound
to
the
peace
,
&
after
he
doth
procure
another
to
breake
the
peace
,
this
is
a
cause
of
forfeiture
of
his
recognizance
,
taken
for
the
surety
of
the
peace
,
for
that
the
peace
is
broken
by
his
meanes
.
18.
Ed.
4.
28.
And
if
one
be
bound
to
the
peace
,
&
after
doe
menace
I.
S.
to
his
face
,
&
in
his
presence
to
kill
or
beate
him
,
this
is
a
breach
of
the
peace
.
But
if
I.
S.
be
absent
when
he
is
menaced
,
then
is
it
no
breach
of
the
peace
,
vnles
the
same
partie
doe
,
according
to
his
menace
,
lie
in
waight
to
kill
or
beate
I.
S.
for
then
also
it
is
a
breach
of
the
peace
.
22.
Ed.
4.
35.
And
though
the
suertie
of
the
peace
be
not
broken
without
fighting
,
2.
H.
7.
2.
beating
,
imprisoning
,
or
extremity
of
menacing
,
yet
the
suertie
of
good
abearing
may
be
forfeited
by
the
extraordinary
number
of
people
,
10.
H.
7.
12.
that
the
partie
bound
hath
attending
vpon
him
,
or
by
his
wearing
of
harneis
,
or
other
weapons
more
then
before
he
hath
vsually
done
,
or
be
méete
for
his
degrée
or
estate
,
or
by
vsing
of
rigorous
or
terrible
words
,
or
threatenings
tending
or
inciting
to
the
breach
of
the
peace
,
or
indemeaning
himselfe
in
his
behauiour
,
company
or
gesture
,
or
doing
of
any
thing
which
shall
tend
to
the
breach
of
the
peace
,
or
to
put
the
people
in
dread
or
feare
.
84
As
the
wisdome
of
the
Realme
hath
ordained
Iustices
of
peace
to
be
preseruors
of
the
peace
,
and
men
wholy
or
specially
deuoted
&
assigned
to
that
office
.
So
hath
she
made
choice
of
other
magistrates
,
who
with
their
other
offices
haue
the
conseruation
of
the
peace
annexed
to
their
charges
,
&
as
a
thing
incident
or
inseperable
from
their
other
functions
,
and
goe
continually
lincked
arme
in
arme
with
them
:
As
euery
Shirife
in
his
County
,
euery
Coroner
,
The
Shirife
,
Constable
,
&c.
conseruators
of
the
peace
.
high
constable
of
any
lath-rape
,
wapentake
,
hundred
or
fraunchise
,
and
euery
petit
Constable
,
Borshoulder
,
Tithingman
,
Headborough
,
Boroughhead
,
Thirdborough
,
and
chiefe
pledge
in
euery
Towne
,
Village
,
&
hamlet
,
is
within
his
limits
and
the
precincts
of
his
authoritie
a
conseruator
of
the
peace
.
And
so
is
the
Steward
in
euery
Léete
,
and
view
of
franck
pledge
,
&
the
Steward
of
euery
Court
of
Pipowders
a
conseruator
of
the
peace
,
and
if
an
affray
be
made
in
their
presence
sitting
in
their
Court
,
each
of
them
may
commit
the
offendors
to
prison
.
And
they
all
are
in
dutie
first
to
bend
their
care
&
foresight
to
preuent
the
breach
of
the
peace
,
next
to
imploy
both
their
owne
valor
and
strength
,
&
to
commaund
the
helpe
&
force
of
others
to
pacifie
those
who
by
word
or
déed
are
in
breaking
of
the
peace
:
And
thirdly
to
punish
those
who
haue
broken
the
peace
,
according
to
the
law
.
St.
5.
F.
3.
14.
And
therefore
any
of
the
officers
aforesaid
may
take
,
and
arrest
suspected
persons
which
walke
in
the
night
,
and
sléepe
in
the
day
,
and
carrie
them
before
a
Iustice
of
peace
to
finde
suerties
of
their
good
behauiour
.
Sta.
13.
E.
1.
And
if
any
be
taken
by
watchmen
in
the
night
watch
that
is
suspected
of
euill
behauiour
,
they
may
take
him
and
imprison
him
,
vntill
he
be
deliuered
by
the
ordinarie
course
of
law
.
And
if
any
doe
goe
or
ride
armed
by
day
or
night
in
fayers
,
or
markets
,
or
other
places
(
sauing
the
Kings
seruants
in
his
presence
,
or
in
executing
of
his
precepts
,
or
such
as
doe
pursue
huy
and
cry
where
offences
be
done
)
any
of
the
same
officers
may
take
their
armor
from
them
to
the
Kings
vse
,
and
commit
them
to
the
gaole
.
And
if
any
assemblies
,
Rout
,
or
rumor
shall
be
begun
,
St.
17.
R
2.
8
the
Shirifes
and
other
the
Kings
officers
,
shall
take
the
power
of
the
County
and
disperse
them
,
and
shall
commit
the
offendors
to
prison
vntill
they
be
duely
punished
according
to
the
law
.
And
if
any
do
threaten
to
kill
maihem
,
or
beate
an
other
,
or
doe
attempt
or
goe
about
to
doe
it
;
then
any
of
the
said
officers
may
arrest
the
offendor
to
come
before
a
Iustice
of
peace
,
to
finde
suertie
for
the
kéeping
of
the
peace
,
or
els
the
same
officer
may
commit
him
to
prison
.
1.
H.
7.
7.
And
if
either
of
the
said
officers
shal
perceiue
any
other
in
his
presence
to
be
in
breaking
of
the
peace
,
eyther
dy
drawing
of
their
weapons
,
or
by
assaulting
or
striking
one
of
an
other
,
or
by
assaulting
himselfe
,
he
may
commaund
them
vpon
paine
of
imprisonment
to
surcease
,
5.
H.
7.
6.
or
else
he
may
with
his
weapon
part
&
kéepe
them
asunder
,
and
call
and
procure
others
likewise
so
to
doe
.
And
then
he
may
carrie
them
before
a
Iustice
of
peace
to
find
suertie
of
the
peace
,
which
if
they
refuse
to
doe
,
he
may
commit
them
to
prison
,
3.
H.
4.
9.
or
els
the
Constable
may
take
suerties
of
them
by
Obligation
to
kéepe
the
peace
.
And
if
any
of
the
offendors
doe
flée
into
a
house
,
13.
Ed.
4.
9.
the
said
officer
may
breake
open
the
dores
and
arrest
him
,
and
so
he
may
doe
if
the
offendor
doe
flée
into
another
Countie
,
for
that
the
arrest
is
for
the
benefite
of
the
commonweale
.
And
likewise
if
any
of
the
said
officers
shall
learne
that
certaine
persons
be
fighting
or
quarreling
in
a
house
,
in
such
sort
that
they
are
like
to
breake
the
peace
,
or
that
a
man
and
a
woman
be
in
a
house
together
committing
addultery
or
fornication
,
7.
E.
3.
10.
1.
H.
7.
6.
he
may
breake
open
the
dores
and
arrest
them
to
come
before
a
Iustice
of
peace
to
find
suertie
of
the
peace
,
or
otherwise
if
he
will
,
he
may
commit
any
of
the
said
offendors
to
prison
.
And
if
any
of
the
parties
to
an
affcay
haue
receiued
any
daungerous
wound
,
then
the
officer
must
arrest
the
offendor
,
and
carrie
him
to
a
Iustice
of
peace
,
22.
Ass.
p.
56
who
is
eyther
to
commit
him
to
prison
,
or
to
let
him
to
mainprise
vntill
the
next
Gaole
deliuery
,
that
it
be
knowen
whethir
the
partie
wounded
will
liue
or
die
thereof
:
or
els
the
officer
himselfe
may
commit
him
to
prison
vntill
the
same
be
knowen
:
38.
Ed.
3.
6.
for
if
the
partie
wounded
doe
die
,
the
offence
wil
be
felony
.
If
the
common
voice
and
fame
of
the
County
be
that
C.D.
hath
committed
a
felony
,
any
of
those
officers
that
doe
suspect
him
thereof
may
arrest
him
for
it
.
And
so
he
may
search
within
the
limits
of
his
authority
for
any
persons
suspected
of
felony
,
for
it
is
a
chiefe
parte
of
the
Constables
dutie
to
preserue
the
peace
and
represse
felons
.
And
if
any
of
the
officers
before
mentioned
do
arrest
an
offendor
,
or
any
person
suspected
for
any
of
the
causes
aforesaid
,
who
ought
to
be
carried
to
the
Gaole
,
or
before
a
Iustice
of
peace
,
the
same
officer
néede
not
carrie
him
presently
to
the
Gaole
,
22.
Ed.
4.
35.
or
before
the
Iustice
,
but
he
may
put
him
in
the
stocks
,
or
some
other
safe
custody
for
a
time
,
vntill
he
can
prouide
sufficient
company
to
assist
him
to
conduct
the
same
offendor
to
the
Gaole
or
to
the
Iustice
:
2.
Ed.
4.
9.
Or
if
the
partie
arrested
be
so
sicke
,
diseased
,
or
wounded
that
he
cannot
be
presently
carried
without
daunger
of
death
,
the
officer
may
stay
him
vntill
he
be
recouered
.
85
But
the
peace
of
the
Realme
hath
béen
so
precious
to
all
ages
;
Euery
able
person
is
a
Conseruator
of
the
peace
,
and
Treasons
,
Felonies
,
assaults
,
batteries
,
and
other
forcible
violences
and
offences
so
odious
,
that
the
Lawes
and
Statutes
of
the
Realme
,
and
the
wisedome
of
our
forefathers
haue
made
and
appointed
(
besides
the
Magistrates
and
officers
before
mencioned
)
all
sortes
of
able
persons
,
in
some
sort
,
and
to
some
purposes
,
preseruers
of
the
peace
;
intending
that
as
all
the
members
of
the
common
weale
,
doe
taste
swéet
comfort
,
and
pleasant
repose
by
the
benefit
of
peace
,
so
they
should
be
all
partakers
,
when
néede
requireth
of
the
paines
to
maintaine
and
continue
the
same
peace
,
and
to
punish
the
transgressors
thereof
.
Sta.
3.
E.
1.
9.
And
therefore
by
the
Statute
of
Westm
1.
it
is
ordained
,
That
all
men
generally
shall
be
ready
at
the
commaundement
and
summons
of
the
Shirifes
,
and
at
the
crie
of
the
country
,
to
pursue
and
arrest
felons
,
when
néede
shall
be
,
aswell
within
fraunchises
as
without
;
and
they
that
will
not
,
and
be
thereof
attainted
,
shall
make
a
grieuous
fine
to
the
King
.
Sta.
3.
Ed.
1.
By
the
statute
intituled
Officium
Coronatoris
it
is
enacted
,
That
vpon
all
Homicides
,
Burglaries
,
men
slaine
,
or
put
in
great
daunger
,
huy
and
crie
shall
be
leuied
,
and
euery
man
shall
follow
the
huy
and
crie
,
and
the
offendors
steppes
if
it
may
be
:
and
whosoeuer
doth
not
,
and
is
thereupon
conuicted
,
shall
be
attached
to
appeare
before
the
Iustices
of
Gaole
deliuerie
.
St.
5.
E.
3.
14.
By
the
Statute
of
Anno
5.
Ed.
3.
it
is
established
,
That
if
any
man
suspect
lewd
persons
(
then
termed
robertsmen
,
wasters
,
or
drawlatches
)
of
any
manslaughters
,
felonies
,
or
robberies
,
be
it
by
day
,
or
night
,
they
shall
incontinently
be
arrested
by
the
Constable
of
the
towne
,
and
if
it
be
within
franchise
deliuered
to
the
Bailifes
of
the
franchise
,
and
if
in
guildable
to
the
shirife
,
and
kept
vntill
the
comming
downe
of
the
Iustices
of
Gaole
deliuerie
,
who
shall
procéede
to
the
deliueraunce
of
them
.
St.
17.
R.
2.
8.
By
the
Statute
of
17.
R.
2.
it
is
defended
to
all
the
Kings
people
aswell
Lords
as
others
,
that
none
shall
make
assemblies
,
Riots
,
or
Rumors
against
the
peace
.
And
if
any
such
assemblie
be
begun
,
as
soone
as
the
Shirife
and
other
Ministers
may
haue
knowledge
thereof
,
they
with
the
strength
of
the
country
shal
disturbe
such
offendors
,
and
put
them
in
prison
vntill
the
law
be
executed
vpon
them
.
And
all
Lords
and
other
liege
people
of
the
Realme
shall
be
attending
with
all
their
strength
and
power
to
the
Shirifes
and
Ministers
aforesaid
.
St.
2.
H.
5.
8.
By
the
Statut
of
Ann
2.
H.
5.
it
is
prouided
,
That
the
Kings
people
being
able
to
trauaile
in
the
Countie
where
Riots
,
assemblies
,
or
routs
against
the
law
be
shal
be
assistant
to
the
Iustices
,
Commissioners
,
Shirife
,
or
vndershirif
of
the
same
Countie
,
when
they
shall
be
reasonably
warned
,
to
ride
with
the
said
Iustices
,
Shirife
&c.
in
aide
to
resist
such
Riots
,
Routs
,
and
Assemblies
,
vpon
paine
of
imprisonment
,
and
to
make
fine
and
ransom
to
the
King
.
St.
15.
R.
2.
2
By
the
Statute
of
15.
R.
2.
it
is
ordeined
,
That
if
the
Shirife
,
or
any
other
of
the
Countie
doe
not
attend
vpon
a
Iust.
of
peace
,
to
arrest
such
offendors
as
doe
make
forcible
entries
into
lands
or
tenements
,
he
or
they
so
offending
shall
be
imprisoned
,
and
pay
a
fine
to
the
King
.
Sta.
1.
M.
12.
By
the
Statute
of
Ann
1.
M.
it
is
established
,
That
if
any
person
being
aboue
the
age
of
xviij
.
yeares
,
and
vnder
the
age
of
lx.
being
able
to
serue
,
and
not
sick
,
lame
,
or
impotent
,
shall
be
required
by
any
Iustice
of
peace
,
or
any
Shirife
of
any
County
,
where
any
vnlawfull
assembly
of
xij
.
persons
or
aboue
shall
be
to
do
any
vnlawfull
act
prohibited
by
that
statute
;
or
by
any
Maior
,
Bailife
,
or
other
head
Officer
of
any
Citie
,
Borough
,
or
towne
corporat
;
or
by
any
other
by
the
commaundement
of
any
such
Iustice
,
Shirife
,
Maior
,
&c.
to
go
with
him
or
them
to
suppresse
the
persons
vnlawfully
assembled
:
Then
euery
person
,
which
so
being
able
and
required
,
doth
willingly
and
obstinatly
refuse
so
to
doe
,
shal
suffer
imprisonment
for
one
yeare
without
baile
or
mainprise
.
And
as
in
al
the
cases
aforesaid
euery
able
person
is
bound
vpon
request
to
assist
the
Iustices
,
shirifes
,
&
other
the
Kings
officers
,
to
pursue
,
apprehend
,
arrest
,
and
imprison
Manquellors
,
robbers
,
felons
,
or
other
disturbers
of
the
peace
,
and
so
to
do
his
whole
endeuor
to
be
a
conseruator
of
the
peace
of
the
Realme
:
Euerie
person
must
assist
to
execute
the
K.
Writ
.
In
like
sort
is
euery
able
person
bound
by
the
common
law
,
and
by
the
Stat.
of
Westm
1.
&
Westm
2.
to
be
attendant
vpon
the
Shirife
,
St.
3.
E.
1.
17.
S.
13.
E.
1.
39.
or
vndershirife
,
in
the
execution
of
the
kings
writs
,
and
by
that
meanes
to
be
a
supporter
of
the
justice
of
the
Realme
.
These
offences
punishable
in
the
Starre
Chamber
.
86
Menaces
,
assaults
,
batteries
,
imprisonments
,
and
maihems
committed
by
some
persons
,
to
some
persons
,
at
some
times
,
in
some
places
&
in
some
manner
,
forme
,
sort
,
and
with
some
circumstances
(
besides
the
penalties
aforesaid
inflicted
vpon
the
offendors
therein
)
are
also
punishable
in
the
Kings
high
Court
of
the
Starre
chamber
as
other
offences
hereafter
mentioned
be
,
as
it
doth
more
at
large
appeare
in
Oppressions
35.
¶
Of
Riots
,
Routs
,
vnlawful
and
rebellious
Assemblies
.
RIots
,
Routs
,
The
enormitie
of
Riots
.
vnlawfull
&
Rebellious
assemblies
haue
bin
so
many
times
pernitious
,
&
fatal
enemies
to
this
kingdom
,
the
peace
,
&
tranquillity
thereof
,
&
haue
so
often
shaken
the
foundation
,
and
put
in
hazard
the
very
forme
and
state
of
gouernment
of
the
same
,
that
our
lawmakers
haue
béen
enforced
to
deuise
from
age
to
age
one
law
vpon
an
other
,
&
one
stat.
after
another
for
the
repressing
&
punishing
of
them
,
&
haue
endeuoured
by
all
their
wits
to
snib
the
sprouts
,
&
quench
the
very
first
sparkes
of
them
:
as
euery
man
may
easily
perceiue
there
was
cause
thereof
,
who
will
looke
back
,
and
call
to
his
remembrance
,
what
that
small
Riot
begun
at
Dartmouth
in
Kent
in
the
raigne
of
King
Richard
the
second
betwéen
the
collector
of
a
subsidy
,
and
a
Tyler
and
his
wife
,
about
the
payment
of
one
poore
great
did
come
vnto
,
which
being
not
repressed
in
time
,
did
grow
to
so
great
a
rebellion
,
that
after
it
put
in
hazard
the
life
of
the
K.
the
burning
of
the
Citie
of
London
,
the
ouerthrow
of
the
whole
Nobility
,
gentlemen
,
and
all
the
learned
of
the
land
,
and
the
subuersion
of
this
goodly
Monarchy
and
forme
of
gouernment
:
Or
if
they
will
call
to
mind
the
small
Riot
,
or
quarrell
begun
in
the
raigne
of
King
Henry
the
sixt
between
a
Yeoman
of
the
gard
and
a
seruingman
of
Richard
Neuils
,
Earle
of
warwick
,
which
so
farre
increased
for
want
of
restraint
,
that
it
was
the
roote
of
many
wofull
tragedies
,
and
a
meane
to
bring
to
vntimely
death
,
first
Richard
Plantagenet
Duke
of
Yorke
proclaymed
successor
to
the
Crowne
,
and
the
chiefe
pillar
of
the
house
of
Yorke
,
and
after
him
King
Henry
the
sixt
,
and
Prince
Edward
his
sonne
,
the
heires
of
the
house
of
Lancaster
;
and
to
ruinate
with
the
one
,
or
the
other
of
them
,
most
of
the
Péeres
,
great
men
,
and
gentlemen
of
the
realme
,
besides
many
thowsands
of
the
common
people
.
West
.
1.
3
E.
1.
32.
Sta.
7.
Ed.
1.
St.
13.
E.
1.
6.
And
therefore
King
Edward
the
first
did
well
ordaine
,
That
no
Shirifes
shall
suffer
Barretors
or
maintainers
of
quarrels
in
their
Counties
:
And
that
to
all
parliaments
,
Treatises
,
and
other
assemblies
,
each
man
shall
come
peaceably
,
without
any
armor
:
and
that
euery
man
shall
haue
armor
in
his
house
according
to
his
ability
to
kéepe
the
peace
.
And
King
Edward
the
third
prouided
,
Statutes
ordained
to
preuent
forces
or
Riots
.
that
no
man
shall
come
before
the
Iustices
,
St.
2.
E.
3.
3.
St.
5.
E.
3.
14.
nor
goe
or
ride
armed
.
And
that
suspected
,
lewd
,
and
riotous
persons
,
shall
be
arrested
and
safely
kept
vntill
they
be
deliuered
by
the
Iustices
of
Gaole
deliuery
.
St.
34.
E.
1.
3.
Sta.
2.
R.
2.
6.
And
that
Iustices
of
peace
shall
restraine
offendors
,
riotors
,
and
all
other
Barretors
,
and
pursue
,
take
,
and
chasten
them
,
according
to
their
Trespas
and
offence
.
Sta.
5.
R.
2.
6.
St.
15.
R.
2.
2
St.
7.
R.
2.
13
King
Richard
the
second
did
prohibit
Riots
,
Routs
,
and
forcible
entries
into
lands
,
that
were
made
in
diuers
counties
and
partes
of
the
Realme
.
And
that
none
from
thenceforth
should
make
any
Riot
,
or
Rumor
.
And
that
no
man
shall
ride
armed
,
20.
Rich.
2.
1
nor
vse
Launcegaies
.
And
that
no
laborer
,
seruant
in
husbandry
,
or
Artificer
,
St.
12.
R.
2.
6
or
victualer
,
shall
weare
any
buckler
,
sword
,
or
dagger
.
And
that
all
the
Kings
officers
shall
suppresse
and
imprison
such
as
make
any
Riots
,
Routs
,
St.
17.
R.
2.
8.
or
vnlawful
assemblies
against
the
peace
.
King
Henry
the
fourth
enacted
,
That
the
Iustices
of
peace
,
&
the
Shirife
shall
arrest
those
which
commit
any
Riot
,
Rout
,
or
vnlawfull
assembly
;
shall
enquire
of
them
,
and
record
their
offences
.
St.
13.
H.
4.
7
King
Henry
the
fift
assigned
commissioners
to
enquire
of
the
same
Iustices
&
Shirifes
defaults
in
that
behalfe
,
St.
2.
H.
5.
8.
and
also
limited
what
punishment
offendors
attainted
of
Riot
should
sustaine
.
King
Henry
the
seauenth
ordained
,
Sta.
19.
H.
7.
that
such
persons
as
were
returned
to
enquire
of
Riots
should
haue
sufficient
fréehold
or
copihold
land
within
the
same
Shire
.
And
that
no
maintenance
should
hinder
their
Inquisition
.
And
in
the
Raigne
of
Quéene
Mary
,
Sta.
1.
M.
12.
there
was
a
necessary
Statute
established
to
restrain
and
punish
vnlawfull
and
rebellious
assemblies
raised
by
a
multitude
of
vnruly
persons
,
to
commit
certaine
violent
,
forcible
,
and
Riotous
acts
.
2
As
the
said
Lawes
&
Statutes
were
deuised
in
seueral
ages
by
the
wisedom
of
the
Realme
,
to
enquire
of
,
and
restraine
Riots
,
Routs
,
vnlawfull
,
and
rebellious
assemblies
,
and
to
checke
violences
,
and
forces
,
before
they
should
grow
to
a
head
:
So
haue
our
prouident
forefathers
erected
the
most
honorable
Court
of
Starre
chamber
,
The
Court
of
Starre
chambers
authoritie
to
punish
Riots
,
&c.
to
examine
and
punish
those
,
and
other
offences
,
when
they
breake
out
to
extremities
,
viz.
to
great
and
haynous
Riots
,
or
such
like
enormities
,
thereby
to
kéepe
euery
person
in
awe
,
and
so
the
whole
Realme
in
peace
.
As
appeareth
by
the
Statute
of
Anno
3.
H.
7.
whereby
it
is
inacted
,
That
the
Chauncellour
,
and
Treasorer
of
England
for
the
time
being
(
and
the
President
of
the
Kings
Councell
,
St.
3.
H.
7.
1.
Stat.
21.
H.
8.
22.
and
the
kéeper
of
the
Kings
priuy
seale
,
or
two
of
them
)
calling
to
them
a
Bishop
,
and
a
Temporall
Lord
of
the
Kings
most
honorable
priuy
Councell
,
&
the
two
chiefe
Iustices
of
the
K.
Bench
,
and
common
place
for
the
time
being
(
or
other
two
Iust.
in
their
absence
)
vpon
bill
,
or
information
put
to
the
said
Chauncellor
for
the
King
,
or
any
other
against
any
person
(
for
any
misbehauing
by
vnlawfull
maintenances
,
giuing
of
liueries
,
signes
and
tokens
,
retainers
by
Indentures
,
oathes
,
writings
or
otherwise
,
embracery
of
the
Kings
subiects
,
vntrue
demeanings
of
Shirifes
,
in
making
of
pannels
,
and
other
vntrue
returnes
,
by
taking
of
money
,
by
iniuries
,
by
great
Riots
and
vnlawfull
assemblies
)
haue
authority
to
cal
before
them
by
writ
,
or
by
priuy
seale
,
the
said
misdooers
and
they
,
and
other
,
by
their
discretion
by
whom
the
truth
may
be
knowne
,
to
examine
,
and
such
as
they
finde
therein
defectiue
,
to
punish
them
according
to
their
demerits
,
after
the
forme
and
effect
of
the
Statutes
thereof
made
,
in
like
manner
and
forme
,
as
they
should
or
ought
to
be
punished
,
if
they
were
thereof
conuict
after
the
due
order
of
the
law
.
And
though
the
Iustices
of
peace
doe
assesse
a
fine
in
the
Country
vpon
some
that
haue
committed
a
Riot
there
,
yet
the
Lords
in
the
Starre
chamber
,
may
assesse
vpon
the
said
offendrs
for
the
same
Riot
,
a
greater
penalty
,
if
they
sée
cause
;
for
in
this
case
the
offendors
be
not
twice
punished
for
one
offence
,
but
part
of
the
due
punishment
is
inflicted
at
one
time
,
and
part
at
another
:
And
the
Lords
doe
sufficiently
punish
an
offence
,
which
was
but
remisly
done
by
the
Iustices
.
3
A
Riot
is
where
thrée
persons
or
aboue
do
assemble
themselues
together
,
to
the
intent
to
beate
or
maihem
a
man
,
to
pul
downe
a
house
,
wall
,
pale
,
What
is
a
Riot
.
hedge
,
or
ditch
wrongfully
,
to
claime
or
take
common
or
way
in
a
ground
,
to
destroy
any
parke
,
warren
,
douehouse
,
pond
,
poole
,
barne
,
mill
,
or
stacke
of
corne
,
or
to
doe
any
other
vnlawfull
act
with
force
and
violence
,
and
against
the
peace
,
and
they
doe
it
.
If
a
man
goe
abroade
with
his
houshold
seruants
which
he
hath
commonly
of
his
owne
familie
(
though
they
be
more
then
his
abilitie
or
degrée
is
to
maintaine
)
and
doth
make
a
fray
by
the
way
,
this
is
no
Riot
,
vnlesse
the
Master
did
before
make
his
seruants
priuy
,
that
hée
meant
to
make
an
affray
:
for
it
is
no
riot
,
except
there
be
an
intent
before
to
doe
some
violence
and
hurt
.
If
thrée
,
foure
,
or
more
doe
enter
into
landes
with
force
,
vppon
the
possession
of
an
other
,
though
their
entrie
be
lawfull
,
yet
is
it
a
Riot
,
St.
5.
R.
2.
7.
for
the
Statute
of
Anno
5.
Richard
.
2.
doth
prohibite
entrie
into
Landes
and
Tenements
with
force
,
or
a
multitude
of
people
.
4
An
vnlawfull
assembly
is
,
where
thrée
persons
,
or
aboue
,
What
is
an
vnlawfull
assembly
.
doe
assemble
themselues
together
,
to
the
intent
to
doe
any
of
the
Actes
aforesaide
,
or
any
other
such
vnlawfull
act
,
with
force
and
violence
against
the
Peace
,
although
they
doe
it
not
indéede
,
but
after
their
assemblie
they
departe
by
their
owne
consent
,
vpon
some
feare
conceiued
,
or
other
cause
,
without
dooing
of
any
outrage
,
for
their
intent
of
assembling
was
vnlawfull
,
though
the
act
subsequent
did
not
ensue
according
to
the
same
.
5
A
Route
is
,
where
thrée
persons
or
aboue
doe
assemble
themselues
,
What
is
a
Rout.
for
the
reuenge
of
their
owne
common
quarrell
.
As
,
if
the
Inhabitants
of
a
Towne
doe
assemble
together
to
pull
downe
a
house
,
wall
,
pale
,
ditch
,
or
other
inclosure
,
of
a
parke
,
pasture
,
or
close
,
or
the
head
of
a
poole
,
where
they
wrongfully
pretend
to
haue
title
of
common
,
or
a
way
,
or
to
beate
,
or
maihem
one
man
,
or
more
,
that
haue
done
to
them
all
some
publike
offence
.
If
they
once
méete
,
17.
Ed.
4.
4
procéede
,
and
goe
forward
,
towardes
the
execution
of
any
of
the
Actes
aforesaide
,
and
doe
shew
by
Armour
,
Gesture
,
or
Spéech
,
that
they
meane
to
doe
any
violence
,
or
to
terrifie
or
feare
any
of
the
Kings
people
,
it
is
a
Rout
,
whether
they
put
their
intended
purpose
in
execution
,
or
not
:
But
if
a
Maior
and
Aldermen
,
or
Bayliffe
and
Burgesses
,
or
the
fellowes
of
any
societie
doe
assemble
in
their
common
quarrell
,
and
make
a
Riot
,
Rout
,
or
Vnlawfull
assembly
,
this
shall
be
punished
in
their
owne
priuate
naturall
persons
,
and
not
in
the
body
politike
,
for
it
was
their
priuate
persons
that
assembled
to
offend
the
Lawe
,
and
not
the
bodie
politike
.
If
a
man
goe
to
the
Sessions
,
Market
,
Faire
,
Rout
by
wearing
of
Armour
.
or
other
assemblie
of
company
,
with
his
seruants
in
Harnesse
,
though
he
hath
no
intent
to
fight
,
or
to
commit
any
Riot
,
yet
this
is
a
Rout
by
the
manner
of
his
comming
,
and
is
contrary
to
the
Statute
of
2.
St.
2.
Ed.
3.
3
Edw.
3.
which
hath
ordained
,
That
no
man
shall
bring
any
force
in
affray
of
the
peace
,
nor
shall
go
armed
in
faires
,
markets
,
or
elsewhere
,
vpon
paine
of
imprisonment
,
and
forfeiture
of
his
Armour
.
Lawfull
assemblies
of
thrée
persons
,
or
more
.
6
An
Assembly
of
thrée
persons
or
more
,
which
is
not
to
the
terrour
of
the
people
,
nor
to
doe
some
Act
with
force
and
violence
against
the
peace
,
is
not
vnlawfull
nor
prohibited
by
any
of
the
Statutes
before
mentioned
.
The
watch
in
London
vpon
Midsummer
night
is
lawfull
,
and
so
be
such
like
in
other
Cities
and
Townes
.
Assemblies
be
lawfull
that
be
vsed
vppon
Maie
day
,
to
fetch
in
Maie
boughs
,
or
floures
;
and
so
be
assemblies
at
Church-Ales
,
Whitson
,
or
Midsummer-Ales
.
Assemblies
at
the
fetching
home
,
setting
vp
,
or
dauncing
about
a
Maie-pole
,
and
assemblies
at
the
bayting
of
a
Bull
,
or
Beare
,
or
at
the
mowing
or
making
of
Dole
or
Reuell
meade
,
and
assemblies
of
Minstrells
and
their
fellowes
at
certaine
places
,
and
times
of
the
yéere
,
allowed
by
old
and
ancient
customes
are
also
lawfull
:
And
Assemblies
to
play
at
Cardes
,
Tables
,
Bowles
,
Clash
,
Bucklers
,
Wasters
,
halfe
Sword
,
Tennis
,
Quoits
,
Cailes
,
or
such
other
games
be
likewise
by
the
common
lawe
tollerable
(
though
some
of
the
same
games
be
prohibited
vpon
some
penalties
by
Statute
to
be
vsed
by
some
persons
)
and
assemblies
to
runne
at
Quintall
,
Sand
bagge
,
Base
,
Footeball
,
Stooleball
,
Handball
,
St.
33.
H.
8.
9
or
such
like
disports
be
also
lawfull
:
For
these
assemblies
be
not
made
with
the
intent
to
breake
or
disturbe
the
Peace
,
or
to
offer
violence
,
force
,
or
hurt
to
the
person
of
any
;
but
either
to
trie
Actiuity
,
or
to
increase
societie
,
amitie
,
and
neighbourly
friendship
.
And
if
in
any
of
the
said
assemblies
,
any
of
the
parties
the
same
,
shall
make
a
fray
with
a
stranger
,
that
is
no
Riot
,
neither
doth
it
make
the
residue
of
the
same
company
Riotors
,
who
came
thither
for
their
disports
,
and
not
to
any
euill
or
vnlawfull
intent
.
But
if
any
of
the
same
company
shall
fall
out
with
a
stranger
,
or
some
others
of
their
owne
associates
,
and
then
some
of
them
doe
take
one
parte
,
and
some
of
them
another
,
An
Assembly
lawfully
begunne
doth
end
riotously
,
whereby
a
Riot
is
committed
:
then
so
many
of
both
sides
as
shall
take
sides
,
and
be
parties
to
that
quarrell
,
shall
be
adiudged
Riotors
,
but
not
the
residue
;
for
the
Riot
did
not
take
his
beginning
at
the
first
méeting
,
when
they
did
all
assemble
for
any
of
the
sportes
before
mentioned
,
but
when
the
taking
of
parte
with
those
that
did
quarrell
beganne
.
And
therefore
they
onely
,
who
made
themselues
parties
to
that
quarrell
,
shall
be
punished
as
Riotors
,
and
none
other
.
And
so
it
is
,
if
a
Iurie
be
charged
to
trie
an
Issue
,
if
some
of
them
fall
out
,
and
fight
;
this
is
no
Riot
in
the
residue
assembling
to
a
lawfull
end
.
22.
H.
6.
37
3.
H.
7.
1.
&
10.
St.
17.
R.
2.
8.
St.
1.
M.
12.
8
St.
3.
H.
4.
17
Sta.
8.
H.
6.
9.
St.
3.
Ed.
1.
9.
And
it
is
lawfull
for
the
Sheriffe
,
Vndersheriffe
,
or
Bayliffe
to
take
the
power
of
the
Countie
,
what
number
they
shall
thinke
good
,
to
execute
the
Kings
processe
:
And
so
may
any
Iustice
or
Iustices
of
Peace
,
and
the
Sheriffe
,
and
the
Vndersheriffe
,
take
any
power
of
the
Countie
to
represse
Riots
,
Routes
,
vnlawfull
or
Rebellious
Assemblies
:
Or
to
remooue
such
persons
,
as
by
Inquisition
are
found
to
haue
made
forcible
Entries
into
other
mens
possessions
,
or
to
detaine
them
with
force
.
And
so
may
a
Iustice
of
Peace
,
Sheriffe
or
Constable
take
of
the
Countie
any
number
that
they
will
to
pursue
and
apprehend
Traytours
,
Murderers
,
Robbers
,
or
other
felons
,
or
such
as
doe
breake
,
or
goe
about
to
breake
,
or
disturbe
the
peace
:
For
though
in
the
cases
last
specified
there
be
three
or
aboue
assembled
together
,
yet
it
is
to
execute
the
iustice
of
the
Lawe
,
and
by
that
meanes
to
preserue
peace
.
And
it
is
a
lawfull
assembly
which
is
gathered
together
to
runne
at
Tilt
,
Iusts
,
or
Barriers
by
the
Kings
commaundement
:
for
the
cause
,
beginning
,
and
end
thereof
,
doe
tend
to
obedience
,
the
laudable
exercise
of
true
valour
,
and
manhood
,
and
to
the
encouragement
and
enabling
of
the
actors
therein
to
defend
the
Realme
,
and
the
peace
thereof
.
7
And
though
by
the
before
specified
Statute
of
Anno
34.
Edw.
3.
it
is
ordained
,
that
Iustices
of
Peace
shall
restraine
offendors
,
Riotors
,
and
all
other
Barrators
,
and
pursue
,
take
,
chasten
,
imprison
,
and
punish
them
according
to
their
trespasses
and
offences
,
to
the
intent
that
the
people
bee
not
by
such
Riotors
troubled
,
or
indammaged
,
nor
the
peace
broken
,
nor
any
passengers
by
the
way
disturbed
,
or
put
in
perill
:
Yet
by
force
of
that
Statute
the
Iustices
of
Peace
could
not
require
the
helpe
of
the
Sherife
,
nor
commaund
the
power
of
the
countie
to
helpe
to
assist
them
,
St.
17.
R.
2.
8.
to
represse
the
said
Riotors
.
Whereupon
by
the
before
mentioned
Statute
of
Anno
17.
R.
2.
it
is
defended
,
That
none
shall
make
assemblies
,
riot
,
or
rout
against
the
peace
in
any
wise
.
And
if
any
such
assembly
be
begun
,
as
soone
as
the
Sherifes
,
Disturbing
of
riotors
.
and
other
the
Kings
ministers
may
haue
knowledge
thereof
,
they
with
the
power
of
the
countie
,
where
such
case
shall
happen
,
shall
disturbe
such
malice
with
all
their
power
,
and
shall
apprehend
all
such
offendors
,
and
put
them
in
prison
,
vntill
due
execution
of
the
law
be
made
of
them
:
and
all
Lords
and
other
liege
people
of
the
Realme
shall
attend
with
their
whole
strength
and
power
,
the
Sherifes
and
ministers
aforesaid
.
8
But
because
the
said
Statute
of
17.
R.
2.
or
any
other
Statute
or
Law
before
that
time
made
,
doth
not
enable
the
Iustices
of
Peace
,
and
Sherife
to
record
that
,
which
they
shall
find
done
in
their
presence
against
the
law
,
nor
to
make
enquirie
thereof
,
nor
to
heare
and
determine
the
same
,
nor
to
make
certificat
thereof
to
the
King
and
his
counsell
,
if
the
truth
cannot
be
found
:
Nor
doth
assigne
what
Proces
shall
bee
awarded
against
the
offendors
,
nor
doth
inflict
any
penaltie
vpon
the
Iustices
which
shall
not
execute
the
law
:
Therefore
by
the
before
rehearsed
Statute
made
Anno
13.
St.
13.
H.
4.
7
H.
4.
it
was
established
,
that
if
any
riot
,
assemblie
,
or
rout
of
people
against
the
law
be
made
in
any
part
of
the
Realme
,
the
Iustices
of
peace
,
three
,
The
Iustices
and
sherifs
shall
arrest
Riotors
.
or
two
of
them
at
the
least
,
and
the
Sherife
or
Vndersherife
of
the
shire
,
where
such
riot
,
assembly
,
or
rout
shall
be
made
,
shall
come
with
the
power
of
the
countie
,
if
néed
bée
to
arrest
them
.
And
the
Iustices
,
Sherife
,
or
Vndersherife
,
shall
haue
power
to
record
that
which
they
shall
find
done
in
their
presence
against
the
law
:
And
the
same
trespassors
and
offendors
shall
bee
conuict
by
the
Record
of
the
same
Iustices
,
Sherife
,
or
Vndersherife
,
in
manner
and
forme
as
is
contained
in
the
Statute
of
forcible
entries
.
The
forme
of
Recording
of
which
riot
is
this
;
Buck.
Recording
of
a
riot
.
viz.
Memorandum
quod
primo
die
Martij
anno
regni
regis
Domini
nostri
Iacobi
dei
gratur
&c.
tertio
,
Nos
Franciscus
Goodwin
miles
,
&
Alexander
Hamden
miles
Iusticiarij
domini
Regis
nunc
ad
pacem
in
comitatu
praedicto
conseruandam
,
necnon
&c.
assignati
,
&
Richardus
Ingolsby
miles
adtunc
vicecomes
eiusdem
comitatus
,
ad
querimoniam
A.
B.
de
Wadsdon
in
come
praedicto
yeoman
in
proprijs
personis
nostris
accessimus
ad
domum
mansionalem
ipsius
A.B.
apud
Wadsdon
praedictur
;
&
ibidem
inuenimus
quosdam
C.
D.
E.F.G.
&
alios
malefactores
,
&
pacis
dicti
domini
Regis
perturbatores
ignotos
,
ad
numerum
octo
personarum
modo
guerrino
arraiatos
,
viz.
cum
gladijs
,
baculis
,
arcubus
,
&
sagittis
riotosè
,
&
illegitimè
aggregatos
,
&
eandem
domum
sic
custodientur
,
in
magnam
perturbationem
pacis
dicti
domini
Regis
&
populi
sui
terrorem
,
&
contra
formam
statuti
in
Parliamento
domini
Henrici
nuper
Regis
Angliae
quarti
,
Anno
Regni
sui
decimo
tertio
tento
,
editi
.
Et
ideo
nos
praefati
F.
G.
&
A.H.
corpora
predictorum
C.D.E.F.G.
ad
tunc
arrestauimus
,
ac
proxime
Gaole
dicti
domini
Regis
in
Com'
predicto
duci
fecimus
ꝑ
recordum
nostrum
de
transgressione
praedicta
conuictos
in
praesentia
nostra
,
ibidem
moraturos
,
quousque
finem
dicto
domino
Regi
ꝓ
transgressione
sua
praedicta
fecerunt
.
In
cuius
rei
testimonium
huic
recordo
nostro
sigilla
nostra
apposuimus
.
Datur
apud
Wadsdon
praedict'
die
&
Anno
praedictis
.
9
By
the
same
Statute
of
13.
H.
4.
it
is
further
ordained
,
St.
13.
H.
4.
7
That
if
it
happen
such
Trespassors
and
offendors
be
departed
before
the
comming
of
such
Iustices
,
Inquirie
of
a
Riot
by
the
Iustices
,
&c.
and
Shirife
,
or
vndershirife
,
the
same
Iustices
,
thrée
,
or
two
of
them
shall
diligently
inquire
within
a
moneth
after
such
Riot
,
assembly
,
or
Rout
of
people
so
made
,
and
the
same
shall
heare
and
determine
according
to
the
lawes
of
this
Realme
:
And
because
the
said
Iustices
of
peace
,
Shirife
&c.
are
by
this
braunch
of
the
Statute
,
to
make
inquiry
of
the
Riot
,
which
must
be
done
by
a
Iury
returned
by
the
Shirife
,
the
forme
of
the
said
Iustices
precept
to
the
Shirife
to
returne
the
said
Iury
is
this
,
Buck.
viz.
Henricus
Longuile
miles
,
&
Willihelmus
Anderous
miles
Iusticiarij
Domini
Regis
nunc
ad
pacem
in
Comitatu
praedicto
conseruandam
,
A
precept
to
the
Shirife
to
returne
a
Iurie
to
inquire
of
a
Riot
.
nec
non
ad
diuersas
felonias
,
transgressiones
,
et
alia
malefacta
in
eodem
Comitatu
audiendum
&
terminandum
assignati
,
vicecomiti
Comitur
praedicti
salutem
.
Ex
parte
dicti
Domini
Regis
tibi
praecipimus
firmitèr
iniungentes
,
quod
non
omittas
ꝓpter
aliquam
libertatem
in
Balliua
tua
,
quin
eam
ingrediaris
,
&
venire
facias
coram
nobis
apud
Cauluerton
in
Comitatu
praedicto
10.
die
huius
mensis
Ianuarij
24.
ꝓbos
&
legales
homines
Comitatur
praedicti
,
quorum
quilibet
habeat
terras
&
tenementa
infra
dictum
Comitatum
liberi
tenementi
per
chartam
ad
valorem
viginti
solidorum
,
aut
per
Copiam
Rotulorum
curie
ad
valorem
26.
s.
8.
d.
aut
de
vtroque
vltra
omnes
reprisas
;
ad
inquirendum
pro
dicto
dno
Rege
de
quodam
Riotto
apud
C.
in
comitatu
predicto
nuper
commisso
,
vt
dicitur
,
&
qd'suꝑ
quemlibet
Iuratorumpredictorum
tunc
returnes
in
exitibus
xx
.
s.
Et
hoc
nullatenus
omittas
sub
pena
xx.li.
quam
noueris
te
incursurum
,
si
in
executione
pmmissorum
tepidus
seu
remissus
fueris
.
Et
habeas
ibi
hoc
praeceptum
,
Testibus
nobis
prefatis
H.L.
&
W.
A.
quarto
die
Martij
,
Ann
regni
dni
nostr'
Regis
Iacobi
dei
gratia
&c.
tertio
.
And
when
the
Shirife
hath
returned
his
precept
at
a
day
and
place
,
then
two
Iustices
of
peace
at
the
least
(
without
the
Shirife
,
who
is
not
to
sit
vpon
the
Inquisition
)
are
to
make
enquiry
by
the
same
Iury
returned
,
the
forme
of
which
Inquisition
is
this
.
Buck.
Inquisitio
pro
Domino
Rege
capta
apud
Wynslowe
in
Comitatu
praedicto
,
primo
die
Octobris
Anno
Regni
dicti
domini
nostri
Regis
Iacobi
&c.
quinto
,
coram
Roberto
Dormer
milite
,
&
Anthonio
Tiringham
milite
,
adtunc
Iusticiarijs
dicti
Domini
Regis
ad
pacem
in
Comitatu
praedicto
conseruandam
,
necnon
ad
diuersas
felonias
&c.
assignatis
super
sacramentum
A.
B.
C.
D.
E.
F.
G.
&c.
The
forme
of
an
inquisition
of
a
Riot
.
Qui
dicunt
super
sacramentum
suum
quod
H.
I.
K.
L.
M.
N.
de
Addington
in
Comitatu
praedicto
husbandmen
&c.
simul
cum
alijs
malefactoribus
,
&
pacis
dicti
Domini
Regis
perturbatoribus
ignotis
,
ad
numerum
decem
personarum
vi
&
armis
,
modo
guerrino
arraiati
,
viz.
cum
gladijs
,
Bacculis
,
Arcubus
&
Sagittis
,
vicesimo
die
Septembris
,
Anno
quinto
supradicto
,
inter
horas
septimam
&
vndecimam
ante
meridiem
eiusdem
diei
,
domum
mansionalem
cuiusdam
S.
T.
de
Wynslowe
praedictur
freg●runt
&
intrauerunt
&
in
ipsum
S.
T.
adtunc
&
ibidem
insultum
fecerunt
,
&
ipsum
verberauerunt
,
vulnerauerunt
,
&
maletractauerunt
,
ita
qd'
de
vita
cius
desperabatur
,
in
magnam
perturbationem
pacis
dicti
domini
Regis
,
&
populi
sui
terrorem
,
ac
contra
formam
statuti
de
Riotis
,
Routis
,
&
illicitis
congregationibus
,
in
parliamento
domini
Henrici
nuper
Regis
Angliae
quarti
,
Anno
regni
sui
decimo
tertio
,
aediti
.
St.
13.
H.
4.
7
10
By
the
foresaid
Statute
of
13.
H.
4.
it
is
moreouer
established
,
that
if
the
truth
cannot
be
found
in
maner
aforesaid
,
then
within
a
Moneth
next
after
,
the
same
Iustices
,
thrée
,
or
two
of
them
,
and
the
said
Shirife
,
Certifying
a
Riot
.
or
Vndershirife
;
shall
certifie
before
the
King
and
his
Councell
,
of
the
whole
fact
,
and
the
circumstances
thereof
:
which
certificat
shall
be
of
the
same
force
,
that
a
presentment
by
twelue
men
is
:
Vpon
which
certificat
,
the
said
trespassors
and
offendors
shall
be
put
to
aunswere
,
and
they
which
shall
be
found
guilty
,
shall
be
punished
by
the
discretion
of
the
King
and
his
Councell
.
And
if
the
same
trespassors
and
offendors
do
trauerse
the
matter
so
certified
,
Trauerse
of
a
Certificat
.
the
same
certificat
and
trauerse
shall
be
sent
into
the
Kings
Bench
;
there
to
be
tried
and
determined
according
to
the
order
of
the
Law
.
St.
13.
H.
4.
7
11
The
same
Statute
of
13.
H.
4.
hath
also
prouided
,
that
if
the
said
trespassors
and
offendors
do
not
come
before
the
King
,
and
his
Councell
,
Proces
against
offendors
.
or
into
the
Kings
Bench
,
at
the
first
precept
;
then
an
other
precept
shall
be
deliuered
to
the
Shirife
of
the
Shire
to
take
the
said
trespassors
and
offendors
,
if
they
may
be
found
,
and
to
bring
them
at
a
certaine
day
before
the
King
and
his
Councell
,
or
into
the
Kings
Bench
:
And
if
they
cannot
be
found
,
the
Shirife
or
Vndershirife
shall
make
proclamation
in
his
full
Countie
next
insuing
the
said
second
precept
,
that
they
shall
appeare
before
the
King
and
his
Councell
,
or
in
the
Kings
Bench
;
(
or
in
the
Chauncerie
in
the
time
of
vacation
)
within
thrée
wéekes
then
next
following
.
And
if
the
offendors
do
not
appeare
,
as
is
aforesaid
,
and
the
proclamation
be
made
,
and
returned
,
they
shall
be
attainted
and
conuicted
of
the
Riot
,
Assemblie
,
and
Rout
aforesaid
.
St.
13.
H.
4.
7
12
By
the
said
Statute
of
13.
H.
4.
it
was
lastly
enacted
,
The
forfeiture
of
the
Iustices
,
which
do
not
inquire
of
Riots
.
that
the
Iustices
of
peace
,
which
dwell
néerest
in
euery
County
,
where
such
Riot
of
people
shall
be
,
together
with
the
Shirife
,
or
Vndershirife
of
the
same
Co●ntie
;
And
also
the
Iustices
of
assise
,
for
the
time
that
they
shall
be
in
their
Sessions
(
in
case
any
such
Riot
,
assemblie
,
or
Rout
be
made
in
their
presence
)
shall
doe
execution
of
this
Statute
,
euery
one
vpon
paine
of
C.
li.
to
be
paied
to
the
King
,
as
often
as
they
shall
be
found
in
default
of
execution
of
the
same
Statute
.
13
Because
it
was
not
prouided
by
the
foresaid
Statute
of
13.
H.
4.
A
commission
to
inquire
of
the
Iustices
,
&c.
default
.
that
the
partie
grieued
should
haue
any
other
remedie
,
if
default
should
be
in
the
said
Iustices
,
Shirife
,
or
Vndershirife
,
where
such
Riot
,
assemblie
,
or
rout
should
be
made
,
nor
at
whose
costes
the
same
riot
should
be
repressed
,
neither
was
it
limitted
what
punishment
the
parties
attainted
of
such
Riots
should
suffer
:
St.
2.
H.
5.
8.
Therefore
by
an
other
Statute
made
Anno
2.
H.
5.
it
was
established
,
That
if
default
be
found
in
the
said
two
Iustices
of
peace
,
or
Iustices
of
Assise
,
and
the
Shirife
,
or
Vndershirife
of
the
Countie
where
such
Riot
,
assemblie
,
or
rout
shall
be
made
,
touching
the
execution
that
they
ought
to
make
by
vertue
of
the
said
statute
of
13.
H.
4.
and
whereof
the
said
Statute
maketh
mention
:
Then
at
the
instance
of
the
partie
grieued
,
the
kings
commission
shall
be
awarded
vnder
the
great
Seale
,
to
inquire
aswell
of
the
truth
of
the
case
,
and
of
the
originall
matter
,
for
the
partie
complaynant
,
as
of
the
default
or
defaults
of
the
said
Iustices
,
Shirife
,
or
Vndershirife
in
this
behalfe
supposed
,
to
be
directed
to
sufficient
and
indifferent
persons
,
at
the
nomination
,
and
by
the
aduise
of
the
Chauncellor
of
England
.
And
the
said
Commissioners
incontinently
shall
send
into
the
Chauncery
the
Enquests
and
matters
before
them
in
this
behalfe
taken
and
found
.
Vpon
the
Commission
the
coronors
shal
returne
the
Iury
.
14
The
Coroners
of
the
same
Countie
for
the
time
being
,
St.
2.
H.
5.
8.
in
which
Countie
such
Riot
,
Assemblie
,
or
Rout
shall
be
made
,
shall
make
the
panell
vpon
the
said
commission
retornable
for
the
time
that
the
Shirife
so
supposed
in
default
shal
remain
in
his
office
:
which
Coroners
shal
return
no
persons
,
but
only
such
which
haue
lands
&c.
to
the
value
of
x.
l.
by
the
yere
at
the
least
.
And
also
the
same
coroners
shal
return
vpon
euery
of
the
said
persons
impannelled
at
the
first
day
when
issues
be
to
be
lost
xx
.
What
issues
shal
be
returned
vpon
the
Iurors
.
s.
at
the
least
;
at
the
second
day
xl
.
s.
at
the
least
;
&
at
the
third
day
C.
s.
at
the
least
;
at
euery
day
after
the
double
at
the
least
;
which
issues
so
returned
because
of
non-appearance
of
such
persons
impanneled
,
shall
be
forfait
to
the
King
and
leuiable
to
his
vse
.
And
if
default
be
found
in
the
said
coronors
touching
the
returne
of
such
persons
,
to
be
impanneled
,
or
touching
the
returne
of
such
issues
as
afore
is
said
,
euery
of
them
shall
pay
to
the
Kings
vse
forty
pounds
.
Where
the
shirife
shal
return
the
Iury
and
not
the
coronors
.
15
And
if
the
Shirife
so
reputed
in
default
be
discharged
of
his
office
,
St.
2.
H.
5.
8.
at
the
time
that
such
commission
shall
goe
out
of
the
Chauncerie
,
then
the
new
Shirife
of
the
same
County
,
his
successor
mediate
or
immediate
,
and
not
the
coronors
,
shall
make
the
pannell
vpon
this
commission
returnable
in
manner
and
forme
as
the
said
coronors
should
doe
in
time
when
the
Shirife
so
reputed
in
default
stood
in
his
office
.
And
the
same
Shirife
shall
incurre
like
paine
of
xl
.
li.
to
the
King
,
if
any
default
in
him
be
found
,
touching
the
returne
of
other
persons
by
him
impannelled
,
which
haue
not
lands
,
tenements
or
rents
to
the
value
of
x.
li.
by
the
yeare
,
or
of
returning
such
issues
as
the
said
coronors
be
aboue
charged
to
returne
,
as
the
said
coronors
be
to
lose
to
the
King
in
this
behalfe
.
A
writ
directed
to
enquire
of
a
Riot
.
16
The
Chauncellor
of
England
,
as
soone
as
he
may
haue
knowledge
,
St.
2.
H.
5.
8.
of
such
Riot
,
assemblie
,
or
Rout
,
shall
cause
to
be
sent
the
Kings
writ
to
the
Iustices
of
peace
,
and
to
the
Shirife
or
vndershirife
of
the
County
,
where
they
be
so
made
,
that
they
shall
put
the
foresaid
Statute
of
13.
H.
4.
in
execution
vpon
the
paine
contained
in
the
same
.
And
though
such
writ
come
not
to
the
said
Iustices
,
Shirife
,
or
vndershirife
,
they
shall
not
be
excused
of
the
paine
(
of
100.
pounds
)
aforesaid
,
if
they
make
not
execution
of
the
said
Statute
.
Riots
shal
be
inquired
of
at
the
Kings
costs
.
17
The
Iustices
and
other
officers
aforesaid
shall
doe
their
offices
at
the
Kings
costs
,
in
going
,
tarrying
,
St.
2.
H.
5.
8.
and
returning
in
dooing
their
said
offices
,
by
payment
thereof
to
be
made
by
the
Shirife
of
the
same
County
for
the
time
being
,
by
Indentures
betwéene
him
and
the
said
Iustices
,
and
other
officers
aforesaid
,
to
be
made
of
the
payment
aforesaid
,
whereof
the
said
Shirife
vpon
his
accompt
in
the
Exchequer
shall
haue
due
allowaunce
.
St.
2.
H.
5.
8.
18
Such
Riotors
attainted
of
great
and
haynous
Riots
,
The
punishment
of
Riotors
.
shall
haue
one
whole
yeares
imprisonment
at
the
least
without
being
let
out
of
prison
,
by
baile
,
mainprise
,
or
in
any
other
manner
during
the
yeare
aforesaid
:
and
the
Riotors
attainted
of
petit
Riots
shall
haue
imprisonment
as
the
King
and
his
Councell
shall
thinke
good
.
St.
2.
H.
5.
8.
19
The
Kings
liege
people
being
able
to
trauaile
in
the
Countie
where
such
Riots
,
assemblies
,
or
routs
shall
be
made
,
shal
be
assistant
to
the
Iustices
,
Each
man
shall
helpe
to
represse
Riots
.
commissioners
,
Shirife
or
vndershirife
of
the
same
County
,
when
they
shal
be
reasonably
required
,
to
ride
with
the
said
Iustices
,
Shirife
,
or
vndershirife
,
in
aide
to
resist
such
Riots
,
Routs
,
and
assemblies
,
vpon
paine
of
imprisonment
,
and
to
make
fine
and
ransom
to
the
King
.
St.
2.
H.
5.
8.
20
The
Bailifes
of
franchises
Bailifes
of
Franchises
.
shall
impannell
sufficient
people
as
before
,
vpon
paine
to
loose
xl
.
li.
to
the
King
,
in
case
that
such
sufficient
persons
may
be
found
within
the
said
franchises
.
Corporat
towns
hauing
Iustices
.
And
like
ordinances
and
paines
shall
hold
place
and
take
effect
in
Cities
,
Boroughs
,
&
other
places
,
and
townes
enfranchised
,
which
haue
Iustices
of
peace
within
them
.
21
Forasmuch
as
in
the
before
rehearsed
Statute
of
13.
H.
4.
it
is
not
expressed
of
what
sufficiency
the
Iurors
impannelled
by
the
Shirife
to
inquire
of
Riots
should
be
,
Nor
what
issues
they
should
lose
,
if
they
appeare
not
,
Nor
any
mention
is
made
of
any
punishment
the
maintenors
and
embraceors
of
the
Iurors
that
so
shall
be
impannelled
,
should
haue
for
their
misdemeanor
,
A
Iury
to
enquire
of
Riots
if
any
should
be
:
St.
19.
H.
7.
13.
Therefore
by
a
Statute
made
Ann̄
19.
H.
7.
it
was
enacted
,
that
if
any
Riot
,
Rout
,
or
vnlawfull
assemblie
be
committed
within
this
realme
,
the
Shirife
hauing
a
precept
directed
to
him
shall
returne
xxiiij
.
persons
dwelling
within
the
Shire
where
such
Riot
,
&c.
shall
be
so
committed
whereof
euery
of
them
shal
haue
lands
and
Tenements
within
the
same
shire
to
the
yearely
value
of
xx
.
s.
of
Charter
land
or
fréehold
,
or
xxvj
.
s.
viij
.
d.
of
copihold
,
or
of
both
,
aboue
all
charges
,
for
to
inquire
of
the
said
Riot
,
Rout
,
or
vnlawfull
assemblie
.
And
he
shall
returne
vpon
euery
person
so
by
him
impanelled
in
issues
at
the
first
day
xx
.
s.
at
the
second
xl
.
s.
(
if
that
they
appeare
not
and
be
sworne
to
enquire
of
the
premisses
at
the
first
day
.
)
And
if
default
be
found
in
the
Shirife
,
or
vndershirife
,
for
returning
of
other
persons
,
being
not
of
the
same
sufficiency
,
or
for
not
returning
issues
in
forme
aforesaid
,
then
the
said
Shirife
shall
forfeit
to
the
King
for
either
twenty
pounds
.
St.
19.
H.
7.
13.
22
If
the
said
Riot
,
Rout
,
or
vnlawful
assemblie
be
not
found
by
the
said
Iury
,
by
reason
of
any
maintenance
or
embracery
of
the
Iurors
,
Maintenance
where
by
a
Riot
is
not
found
.
then
the
same
Iustices
,
and
the
Shirife
,
or
vndershirife
(
beside
such
certificat
that
they
be
bound
to
make
according
to
the
foresaid
Statute
of
13.
H.
4.
)
shall
in
the
same
certificat
certifie
the
names
of
the
mainteinors
and
embraceors
in
that
behalfe
,
if
any
be
,
with
their
misdemeanors
that
they
know
,
vpon
paine
of
euery
one
of
the
said
Iustices
and
Shirife
or
vndershirife
to
forfait
xx
.
li.
if
they
haue
no
reasonable
excuse
for
not
certifying
of
the
same
:
which
certificat
so
made
shall
be
of
like
force
and
effect
in
the
law
,
as
if
the
matter
contained
in
the
same
were
duly
found
by
the
verdit
of
xij
.
men
.
And
euery
person
duly
proued
to
be
a
mainteinor
or
embraceor
of
the
same
,
shall
forfeite
to
the
King
xx
.
l.
and
shall
be
committed
toward
,
there
to
remaine
by
the
discretion
of
the
Iustices
.
What
one
Iustice
of
peace
may
doe
alone
in
a
Riot
.
23
One
Iustice
of
peace
alone
can
neither
make
inquiry
of
a
Riot
,
Rout
,
7.
Ed.
4.
18.
or
vnlawfull
assemblie
,
when
it
is
done
,
nor
assesse
any
fine
,
nor
award
any
proces
for
it
,
nor
otherwise
meddle
with
it
in
the
nature
of
a
Riot
,
or
Rout
,
but
only
as
a
trespas
against
the
peace
,
or
vpon
the
statute
of
Northampton
,
or
the
Statut
of
34.
Ed.
3.
or
vpon
the
Stat.
of
forcible
entries
;
for
the
wordes
of
the
foresaid
Statute
of
13.
H.
4.
be
:
That
if
such
trespassors
or
offendors
be
departed
before
the
comming
of
the
said
Iustices
,
Shirife
,
or
&c.
the
same
Iustices
,
thrée
or
two
of
them
shall
diligently
enquire
&c.
So
that
there
must
be
two
of
them
at
the
least
to
make
such
inquirie
.
14.
H.
7.
9.
But
if
one
Iustice
of
peace
doe
heare
of
any
Riot
,
Rout
,
or
vnlawfull
assembly
,
he
alone
with
his
seruants
may
goe
to
the
place
,
where
the
assemblie
is
reported
to
be
made
,
and
if
he
finde
any
riotously
gathered
together
,
he
may
arrest
them
to
finde
suerties
of
their
good
behauiour
according
to
the
Statute
of
34.
Ed.
3.
Kel
.
fo.
41.
&
he
may
take
their
weapons
from
them
,
and
retaine
them
vntill
their
hot
bloud
be
cooled
.
And
if
they
refuse
to
finde
suerties
of
their
good
behauiour
,
he
may
commit
them
to
prison
.
But
this
must
be
done
presently
vpon
the
act
doing
,
for
if
there
be
any
meane
time
,
he
hath
then
no
authority
to
commit
them
to
prison
.
And
if
he
come
to
the
place
,
whither
he
doth
vnderstand
,
that
some
persons
will
repaire
to
commit
some
Riot
,
Rout
,
or
violent
act
against
the
peace
,
and
the
same
persons
be
not
yet
come
thither
,
he
may
leaue
his
seruants
there
,
to
restraine
them
from
committing
their
intended
Riots
,
or
other
offences
,
or
else
to
arrest
them
to
finde
suerties
of
their
good
behauiour
,
if
they
doe
offer
to
commit
any
Riot
,
or
to
breake
the
peacce
.
And
so
may
he
also
doe
,
if
he
shall
be
sicke
and
heare
of
any
Riot
&c.
intended
to
be
done
;
he
may
send
his
seruants
to
represse
it
,
or
to
bring
the
offendors
before
him
,
or
some
other
Iustice
of
peace
,
to
finde
suerties
to
kéepe
the
peace
,
or
else
to
commit
them
to
the
Gaole
.
So
that
one
Iustice
of
peace
alone
may
by
the
warrant
of
the
said
Statute
of
34.
Ed.
3.
doe
much
in
preuention
of
a
Riot
&c.
before
it
be
done
,
&
for
the
stayi●●
of
it
,
whilest
it
is
in
dooing
,
but
nothing
to
punish
it
as
a
Riot
,
when
it
is
done
:
for
that
statute
of
34.
Ed.
3.
was
made
for
the
common
profit
of
the
Realm
,
spéedily
to
interrupt
,
and
preuent
present
mischiefes
,
&
to
disperse
malefactors
,
Barretors
,
and
other
Riotors
in
their
very
first
méeting
and
encounter
,
and
so
farre
as
may
be
to
parte
and
cut
off
the
quarrell
,
before
it
grow
to
any
head
or
extremity
,
which
peraduenture
would
not
be
easily
pacified
,
if
one
Iustice
should
doe
nothing
,
vntill
some
other
of
his
fellowes
came
to
assist
him
therein
.
And
a
Iustice
of
peace
may
by
word
only
,
without
warrant
in
writing
,
commaund
his
owne
seruants
,
or
any
of
them
,
to
apprehend
those
,
that
are
about
to
commit
a
Riot
in
his
presence
:
And
they
may
iustifie
the
taking
of
them
,
though
those
Riotors
be
gone
or
fled
away
out
of
the
presence
of
the
same
Iustice
,
before
his
said
seruants
can
lay
hold
on
them
.
24
Although
this
Statute
of
13.
H.
4.
doth
not
make
that
mention
which
the
Statute
of
8.
H.
6.
of
Forcible
entries
doth
,
touching
complaint
to
be
made
to
the
Iustices
of
peace
,
of
a
Riot
,
Rout
,
or
vnlawfull
assemblie
,
but
doth
hinde
the
next
Iustices
of
peace
to
doe
execution
of
this
Statute
,
euery
one
vpon
pain
of
C.li.
yet
the
Sages
of
the
Realme
,
and
the
wisedom
of
the
interpreters
of
the
law
,
The
Iustices
must
haue
notice
of
the
Riot
.
haue
thought
it
reason
,
4.
El.
Dy.
210.
that
notice
should
be
giuen
vnto
the
said
next
Iustices
thereof
,
before
they
should
incurre
the
said
penaltie
of
C.li.
vnles
it
be
some
great
,
notorious
,
and
very
perilous
Riot
,
which
by
common
intendment
,
euery
person
in
those
parts
may
take
knowledge
of
;
for
as
the
said
Statute
of
13.
H.
4.
doth
relate
to
the
Statute
of
8.
H.
6.
touching
the
conuiction
of
offendors
by
the
record
of
the
Iustices
:
So
it
is
like
,
that
the
meaning
of
the
makers
thereof
was
,
it
should
doe
,
in
giuing
notice
,
or
making
of
complaint
of
the
wrong
receiued
.
25
If
the
Iustices
doe
assemble
themselues
,
the
Shirife
,
The
parties
agréement
,
no
discharge
of
the
inquisition
.
and
the
Iurie
to
make
inquirie
of
a
Riot
within
a
moneth
,
according
to
the
Statute
,
and
after
at
the
parties
request
,
they
do
not
inquire
of
it
,
but
doe
dismisse
the
Iurie
,
for
that
the
parties
haue
agréed
betwéene
themselues
;
Yet
the
Iustices
shall
pay
a
fine
to
the
King
,
although
none
doe
giue
euidence
for
the
King
vpon
that
Riot
:
for
they
ought
to
take
and
charge
an
enquest
,
and
to
make
enquiry
of
that
Riot
,
whereof
they
were
enformed
,
or
of
all
Riots
,
séeing
,
it
may
be
,
that
the
Iurors
themselues
haue
knowledge
of
the
Riot
.
And
moreouer
they
must
make
proclamation
,
if
any
will
enforme
the
Kings
Iustices
of
any
Riots
,
Routs
&c.
And
the
said
Statute
of
13.
H.
4.
which
giueth
authoritie
to
the
Iustices
and
Shirife
&c.
to
inquire
of
the
Riot
,
and
to
heare
and
determine
it
,
according
to
the
law
,
was
ordained
to
punish
Riotors
for
breaking
of
the
Kings
peace
,
and
thereby
to
make
them
an
example
to
others
,
and
also
to
intitle
the
King
to
a
fine
.
And
therefore
the
law
will
not
permit
,
that
the
satisfaction
of
the
parties
grieued
should
depriue
the
King
of
his
fine
,
or
ease
the
offendors
of
their
due
and
deserued
punishment
,
and
also
yéeld
incouragement
to
others
,
vpon
hope
of
agréement
,
to
put
in
practise
the
like
Riots
or
other
outrages
.
St.
13.
H.
4.
7
26
And
whereas
the
said
Statute
of
13.
H.
4.
hath
ordained
,
that
if
any
Riot
or
&c.
against
the
law
shall
be
made
,
the
Iustices
of
peace
,
the
Shirife
or
vndershirife
shall
come
with
the
power
of
the
Countie
,
if
néede
be
,
to
arrest
them
:
That
power
of
the
County
is
expressed
before
by
the
Statute
of
17.
What
power
of
the
County
the
Iustices
shall
vse
to
represse
Riots
.
R.
2.
viz.
Al
Lords
and
other
liege
people
of
the
Realme
,
as
Knights
,
Esquires
,
gentlemen
,
yeomen
,
laborers
,
seruants
,
apprentises
,
villaines
,
and
all
others
of
the
age
of
15.
yeares
or
aboue
(
which
be
not
of
the
Clergie
,
decrepite
,
or
women
)
whereof
the
said
Iustices
and
Shirife
may
take
so
many
to
assist
them
as
they
shall
thinke
good
to
arrest
the
offendors
,
and
to
cary
them
to
the
Gaole
.
And
if
the
Iustices
of
peace
be
informed
of
a
Riot
committed
at
such
a
place
,
and
they
go
with
the
power
of
the
Countie
to
suppresse
it
,
and
finde
no
Riot
there
,
yet
they
are
not
to
be
blamed
or
fined
for
the
leuying
of
the
power
of
the
Countie
.
St.
13.
H.
4.
7
27
By
the
said
Statute
of
13.
H.
4.
the
Iustices
of
peace
,
The
Iustices
record
of
a
Riot
.
Shirife
or
vndershirife
,
haue
power
to
record
that
which
they
shall
finde
done
in
their
presence
against
the
law
,
and
the
trespassors
and
offendors
shall
be
conuict
by
the
Record
of
the
same
Iustices
;
which
recording
must
either
be
grounded
vpon
a
thing
done
in
their
owne
presence
,
or
else
by
inquirie
vpon
the
oath
of
other
men
:
And
therefore
if
two
Iustices
of
peace
assisted
with
the
Shirife
or
vnder
Shirife
,
doe
sée
a
Riot
,
they
may
commaund
the
Riotors
to
be
arrested
,
&
then
record
the
Riot
,
without
other
inquirie
.
But
it
is
otherwise
,
if
they
do
not
sée
it
,
for
then
they
must
first
inquire
of
it
by
a
Iury
,
and
after
the
same
being
found
by
inquisition
,
they
must
make
a
record
thereof
,
which
record
that
the
said
Iustices
doe
make
,
must
be
in
writing
,
and
is
to
remaine
with
one
of
them
.
And
they
and
none
other
of
the
Iustices
ought
to
commit
the
Riotors
to
prison
,
and
to
assesse
their
fines
,
and
to
cause
the
same
to
be
estreated
into
the
Exchequer
.
And
if
the
Iustices
do
record
a
Riot
of
their
owne
fight
,
the
parties
charged
therewith
shall
neuer
be
allowed
to
trauerse
it
,
No
trauerse
to
the
record
of
a
riot
made
of
the
Iustices
own
sight
.
though
indéed
there
was
neuer
any
such
Riot
:
for
their
sight
of
the
Riot
being
Iudges
of
record
,
maketh
that
record
in
the
iudgement
of
the
law
,
as
strong
and
effectuall
,
as
if
the
supposed
offendors
had
confessed
the
Riot
befere
them
;
and
(
touching
the
restrayning
of
trauerse
)
more
effectuall
,
then
if
the
Riot
had
béen
found
by
a
Iury
vpon
the
euidence
of
others
.
And
if
the
Iustices
of
peace
doe
sée
the
Riot
committed
,
they
may
record
the
riot
,
though
the
Riotors
doe
escape
for
that
the
fact
is
done
in
their
presence
,
which
is
the
ground
of
their
record
.
And
if
the
same
Riotors
doe
escape
from
the
Iustices
at
that
time
,
they
cannot
apprehend
them
at
an
other
time
;
for
the
apprehension
and
punishment
of
them
must
be
whilest
the
Riot
is
committing
,
or
presently
after
,
and
as
it
were
,
whilest
the
blood
is
hot
.
Neither
in
that
case
,
if
the
Riotors
doe
escape
,
the
Iustices
can
make
any
proces
vpon
their
record
;
neither
ought
it
to
be
kept
amongst
the
records
of
the
peace
,
but
must
be
sent
into
the
Kings
Bench
,
that
proces
may
there
be
made
vpon
it
:
And
in
that
case
,
36.
H.
6.
25.
the
offendors
are
not
to
be
admitted
to
their
trauerse
,
but
are
of
necessity
to
make
fine
for
it
.
If
two
Iustices
of
peace
or
more
,
and
the
Shirife
or
vnderrshirife
,
doe
méet
at
a
place
appointed
about
the
Kings
seruice
,
the
affaires
of
the
country
,
or
their
owne
priuate
busines
,
and
any
others
to
the
number
of
thrée
or
aboue
will
make
an
assault
in
Riotous
manner
vpon
them
,
or
any
of
them
,
or
vpon
any
other
in
their
presence
,
The
credit
of
the
Iustices
record
of
a
Riot
.
they
may
arrest
the
offendors
,
commit
them
to
prison
,
and
record
the
Riot
,
aswell
as
if
they
had
come
of
purpose
to
sée
and
arrest
Riotors
;
but
if
they
which
doe
begin
a
Riot
doe
flie
into
an
other
Countie
before
they
doe
commit
the
Riot
then
the
Iustices
must
not
meddle
with
them
.
And
this
recording
of
a
Riot
by
the
Iustices
of
peace
,
the
Shirife
,
or
vndershirife
is
of
that
credit
in
the
iudgement
of
the
Law
;
That
if
a
man
be
bound
by
Recognizance
to
kéepe
the
peace
,
and
after
such
a
record
of
being
partie
to
the
committing
of
a
Riot
is
entred
against
him
,
in
a
Scire
facias
awarded
against
him
,
vpon
his
Recognizance
,
he
shall
not
be
allowed
either
to
iustifie
the
fact
,
nor
plead
not
guiltie
thereunto
.
28
Whereas
the
said
Statute
of
13.
H.
4.
hath
ordeined
,
Stt.
3.
H.
4.
7
that
if
the
truth
cannot
be
found
,
then
within
a
Moneth
next
after
,
the
same
Iustices
,
thrée
,
or
two
of
them
shall
certifie
,
before
the
King
and
his
Councel
,
the
whole
fact
,
and
the
circumstances
thereof
,
which
words
(
viz.
the
same
)
haue
relation
to
the
Iustices
of
the
Shire
;
So
that
if
two
Iustices
of
the
Shire
,
and
the
Shirife
,
or
&c.
go
to
sée
the
Riot
,
any
other
two
Iustices
may
make
inquirie
of
it
,
and
then
they
together
,
or
the
first
two
,
or
the
last
two
may
make
certificat
thereof
,
Certificat
of
a
Riot
.
within
a
moneth
after
that
inquisition
taken
.
But
if
the
inquiry
be
made
within
a
moneth
after
the
Riot
,
or
&c.
committed
,
and
the
certificat
not
made
within
a
moneth
after
that
,
then
is
not
the
certificat
good
,
nor
according
to
the
said
Statute
;
And
yet
if
the
Iustices
do
make
an
inquirie
within
a
moneth
after
the
Riot
committed
,
and
then
do
giue
day
to
the
Iury
to
deliuer
their
verdict
after
the
moneth
expyred
,
that
is
a
good
inquisition
and
according
to
the
Statut
;
for
by
that
day
giuen
the
Iury
may
enquire
further
,
and
receiue
more
euidence
to
informe
them
of
the
truth
of
the
matter
.
If
an
enquest
doe
finde
that
a
Riot
was
committed
by
x.
persons
and
the
Iustices
doe
certifie
,
that
it
was
committed
by
xx
.
persons
,
then
the
certificat
,
and
not
the
inquisition
shall
be
taken
,
for
by
that
certificat
of
the
Iustices
it
appeareth
,
that
the
truth
was
not
found
by
the
inquisition
.
And
so
it
is
,
if
the
inquisition
be
of
x.
persons
,
and
the
certificat
be
of
x.
persons
in
harneis
.
And
likewise
if
the
indictment
be
of
a
riotous
assault
only
,
and
the
certificat
bee
of
a
riotous
assault
,
battery
,
&
maiheming
:
for
though
in
the
cases
aforesaid
the
enquest
haue
found
a
truth
,
yet
they
haue
not
found
the
whole
truth
,
neither
that
which
is
most
for
the
Kings
aduantage
,
nor
fully
performed
the
meaning
of
the
said
statute
:
but
if
the
indictment
and
the
Iustices
certificat
do
vary
in
the
day
of
the
committing
of
the
riot
,
then
the
indictment
shall
be
preferred
before
the
certificat
;
for
the
day
doth
alter
nothing
to
qualifie
or
aggrauat
the
offence
.
And
yet
séeing
the
said
certificat
is
but
only
in
the
nature
of
a
declaration
,
to
cause
the
parties
accused
to
mak●
answer
thereunto
,
the
same
certificat
ought
to
comprehend
the
certaine
yeare
,
and
day
,
though
not
the
addition
of
the
parties
,
being
not
within
the
words
of
the
statute
of
Additions
made
Ann
1.
H.
5.
5.
St.
13.
H.
4.
7.
29
And
though
the
said
Statute
of
13.
H.
4.
The
proces
against
riotors
.
doth
only
make
mention
of
a
Capias
,
yet
it
séemeth
by
the
words
of
the
same
,
that
first
there
ought
to
be
awarded
a
Venire
facias
against
the
offendors
,
and
if
they
do
not
appeare
,
then
a
Capias
:
for
the
words
of
the
Statute
be
,
if
they
do
not
come
before
the
King
and
his
councel
,
or
into
the
Kings
Bench
at
the
first
precept
,
then
another
precept
shal
be
deliuered
to
the
Sherife
to
take
the
said
offendors
&c.
And
this
proces
must
be
returned
before
the
Kings
councell
,
or
in
the
Kings
Bench
:
but
if
there
be
awarded
against
the
offendors
,
a
Subpena
,
or
a
priuie
seale
,
it
shall
be
void
.
St.
13.
H.
4.
7
30
Notwithstanding
the
said
Statute
of
13.
H.
4.
The
penaltie
of
C.
l.
for
not
executing
this
Statute
.
hath
inflicted
a
penalty
of
C.
l.
vpon
the
next
Iustices
of
the
county
where
such
riot
shal
be
committed
,
if
the
execution
of
that
Statute
be
not
done
:
yet
if
other
Iustices
of
the
same
county
do
performe
that
office
,
then
the
next
Iustices
shall
be
excused
,
and
the
same
penaltie
shall
be
saued
:
for
the
Statute
doth
wholy
or
chiefly
respect
,
that
the
offendors
shal
be
arrested
or
disturbed
,
their
offences
inquired
of
,
recorded
,
and
punished
,
and
by
that
meanes
the
peace
preserued
:
for
all
the
Iustices
of
peace
within
the
commission
,
how
farre
off
soeuer
they
dwel
(
so
that
they
dwel
within
the
said
countie
)
if
they
haue
notice
of
such
a
riot
,
rout
,
or
vnlawfull
assemblie
,
ought
to
enquire
of
it
,
to
record
it
,
and
to
suppresse
it
,
or
otherwise
they
may
be
fined
by
the
Lords
in
the
Star
chamber
,
though
the
penaltie
of
one
C.
l.
shal
be
inflicted
onely
vpon
the
two
next
Iustices
,
for
that
they
are
intended
most
likely
and
soonest
to
haue
knowledge
of
it
.
But
if
the
Sherife
or
Vndersherife
should
not
come
to
the
Iustices
,
béeing
sent
for
to
assist
the
same
Iustices
,
and
to
further
the
repressing
of
that
riot
,
and
the
performance
of
that
seruice
,
then
all
the
said
Iustices
dwelling
néere
or
remote
shal
be
excused
of
the
same
penaltie
of
C.
l.
or
any
other
,
for
the
said
statute
doth
giue
him
equal
authoritie
,
and
as
it
were
ioyne
him
in
commission
in
the
copulatiue
with
them
.
St.
13.
H
4.
7.
31
It
appeareth
by
the
said
stat.
of
13.
H.
4.
Trauerse
to
an
Inditement
of
Riot
.
that
if
the
offendors
&
trespassors
do
trauerse
the
matter
certified
by
the
Iustices
of
peace
,
to
the
King
&
his
councell
,
the
same
certificat
and
trauerse
shal
be
sent
into
the
K.
Bench
,
and
there
be
tried
&
determined
according
to
the
law
.
And
in
like
sort
,
if
the
trespassors
&
offendors
do
trauerse
the
matter
found
by
Inquisition
before
the
Iu.
of
peace
in
the
countie
,
the
same
Inquisition
shal
be
sent
to
the
Iustices
of
peace
at
the
next
Quarter
Sessions
of
the
same
countie
,
city
,
borough
,
or
towne
corporat
,
hauing
Iustices
of
Peace
within
themselues
,
&
there
the
trauerse
shal
be
tried
and
determined
according
to
the
Law
:
the
forme
of
which
trauerse
taken
in
a
towne
corporat
is
this
;
Aliàs
,
scilicet
ad
Sessionem
pacis
tentam
apud
Buckingham
in
comitatu
praedicto
die
Lune
proximo
post
festum
Sancte
Trinitatur
,
Anno
regni
dni
nostri
Regis
Iacobi
dei
gratur
Angliae
&c.
secundo
,
coram
Iohanne
Nichols
generoso
Balliuo
Burgi
&
parochiae
de
Buckingham
praedicta
,
&
Francisco
Fortescue
milite
,
Thoma
Denton
milite
,
Richardo
Ingolsbie
milite
,
Willihelmo
Androwes
milite
,
Roberto
Iohnson
milite
,
Paulo
Risley
armigero
,
A
trauerse
to
an
Inditement
of
riot
.
&
Simone
Lambard
generoso
,
&
alijs
socijs
suis
Iusticiarijs
dicti
domini
Regis
ad
pacem
in
dicto
Burgo
&
parochia
conseruandam
,
necnon
ad
diuersas
felonias
,
transgressiones
,
&
alia
malefacta
in
eisdem
Burgo
&
parochia
perpetrata
,
audienda
,
&
terminanda
,
assignatis
,
per
sacram̄
duodecem
Iuratorum
extitit
presentatum
,
Quod
A.B.C.D.E.F.
de
Galcot
,
cum
diuersis
alijs
malefactoribus
&
pacis
dicti
Domini
Regis
perturbatoribus
modo
guerrino
arraiati
,
vniti
,
&
assemblati
,
vicesimo
die
Maij
,
hora
quarta
post
meridiem
eiusdem
diei
,
Anno
eiusdem
domini
Regis
nunc
secundo
,
vi
&
armis
,
viz.
baculis
,
gladijs
,
pugionibus
,
falcastris
,
&
alijs
armis
tam
inuasiuis
,
quam
defensiuis
apud
Prebend-end
in
Buckingham
praedicta
clausum
cuiusdam
L.
M.
vocatum
Bone-hill
close
,
illicitè
,
riotosè
,
&
routosé
fregerunt
,
&
intrauerunt
,
&
decem
carractatas
seni
ad
valenc'
quatuor
librarum
de
bonis
&
catallis
dicti
L.
M.
adtunc
&
ibidem
iniuste
&
illicite
ceperunt
,
&
asportauerunt
,
contra
pacem
dicti
domini
Regis
,
&
contra
formam
statuti
inde
editi
&
prouisi
.
Per
quod
praeceptum
fuit
Iohanni
Crooke
subballiuo
,
quod
non
omitteret
propter
aliquam
libertatem
&c.
quin
venire
faceret
eosdem
A.B.C.D.E.F.
ad
respondendum
&c.
Posteaque
scilicet
die
Lune
proximo
post
festum
sancti
Michaelis
Archang
'
anno
regni
domini
Regis
nostri
Iacobi
secundo
coram
praefatis
Iusticiarijs
venerunt
predicti
A.B.C.D.E.F.
in
proprijs
personis
suis
,
&
habito
auditu
Indictamenti
predicti
,
seperatim
dicunt
,
quod
ipsi
non
sunt
inde
culpabiles
.
Et
de
hoc
ponunt
se
super
patriam
:
Et
H.
I.
qui
pro
domino
Rege
in
hac
parte
sequitur
similiter
.
Ideo
veniunt
inde
Iuratur
coram
Iusticiarijs
dicti
dni
Regis
ad
pacem
in
Burgo
&
parochia
pnd
conseruandam
assignatis
&c.
ad
Sessionem
pacis
apud
Buck.
pnd
die
Lune
proximo
post
Epiphaniam
dni
tunc
proximo
futuro
tenendam
.
Et
qui
&c.
Ad
recog.
&c.
Quia
tam
&c.
Idem
dies
datus
est
tam
praefato
H.
I.
qui
sequitur
ꝓ
Dno
Rege
,
quam
p̄fatur
A.B.C.D.E.F.
Ad
quas
quidem
Sessiones
pacis
tentas
apud
Buck.
pnd
in
come
pnd
dicto
die
Lune
proximo
post
festum
Epiphaniae
domini
,
Anno
regni
dicti
Regis
dni
nostri
Iacobi
tertio
,
coram
dicto
Balliuo
&
dictis
F.F.T.D.R.I.
&
socijs
suis
Iusticiarijs
dicti
Dni
Regis
ad
pacem
in
dict'
Burgo
&
parochia
conseruandam
,
necnon
ad
diuersas
felonias
,
transgressiones
,
&
alia
malefacta
in
eodem
Burgo
&
parochia
perpetrata
,
audienda
,
&
terminanda
assignatis
,
venerunt
tam
prefatus
H.I.
qui
pro
dno
Rege
in
hac
parte
sequitur
,
quam
p̄fatur
A.B.C.D.E.F.
in
proprijs
personis
suis
:
Et
Iuratores
ꝑ
subballiutim
Burgi
&
parochie
pnd
ad
hoc
impannellatur
&
exacti
;
viz.
E.F.
Mercer
.
O.P.
Draper
,
&c.
similiter
venerunt
,
qui
ad
veritatur
de
pmmissis
dicendam
triati
&
iurati
dicunt
super
sacrum
suum
:
quod
pnd
A.B.C.D.E.F.
culpabiles
sunt
,
&
eorum
quilibet
culpabilis
est
de
transgressione
,
contemptu
,
&
riotto
pnd
in
Indictamento
pnd
superius
specificatis
,
modo
&
forma
prout
superius
versus
eos
supponitur
.
Ideo
cōcessum
est
ꝑ
cur'
,
qd
pnd
A.B.C.D.E.F.
capiantur
ad
satisfaciendum
dicto
domino
Regi
de
finibus
suis
occasione
transgressionis
,
contemptus
,
&
riotti
praedicti
.
Qui
quidem
A.
B.
C.
D.
E.
F.
adtunc
&
ibid
presentes
in
cur'
petierunt
se
ad
finem
cum
dict'
dno
Rege
occasione
pnd
admitti
.
Et
inde
pon̄
se
seperatur
in
miserecordia
dni
Regis
.
Et
assessatur
finis
eiusd.
A.B.
per
Iusticiar'
pnd
ad
5.
li.
Et
assessatur
finis
eiusdem
C.D.
ad
3.
li.
&c.
bone
&
legalis
monetur
Angliae
ad
opus
&
vsum
dicti
dni
Regis
.
32
Thogh
the
laws
&
statutes
before
rehearsed
,
or
mentioned
did
take
sufficient
order
for
the
inquiring
of
,
repressing
,
&
punishing
of
such
as
did
commit
riots
,
routs
,
or
vnlawfull
assemblies
,
by
iij.
iiij.v
.
or
some
small
number
of
persons
,
and
then
were
apprehended
,
or
dispersed
by
the
Iustices
of
Peace
,
the
sherife
,
or
vndersherife
,
with
the
help
of
the
countrie
,
when
néed
required
:
Yet
there
was
no
sufficient
law
deuised
to
suppresse
,
and
punish
such
,
as
did
assemble
in
great
numbers
,
routs
,
and
tumults
,
and
would
in
contempt
of
the
law
,
and
in
rebellious
manner
,
put
in
practise
,
vnlawfull
,
forcible
,
and
violent
acts
,
and
being
by
authoritie
of
the
same
law
,
in
calme
manner
required
to
the
contrary
,
would
yet
stand
at
the
staues
end
with
the
peace
of
the
realme
,
and
the
iustice
of
the
law
,
and
as
it
were
in
despite
of
all
gouernment
and
gouernors
procéed
in
their
furie
:
Therfore
to
continue
peace
and
tranquilitie
in
the
common
weale
,
and
by
a
more
sharpe
corrasiue
to
bridle
or
punish
so
great
maladies
,
St.
1.
M.
12.
by
a
statute
made
Anno
1.
M.
it
was
enacted
,
Twelue
or
aboue
assembled
to
change
lawes
.
That
if
any
persons
to
the
number
of
xij
.
or
aboue
,
being
assembled
together
,
shall
intend
,
goe
about
,
practise
,
or
put
in
vre
by
force
of
armes
,
vnlawfully
,
and
of
their
owne
authoritie
,
to
alter
,
or
change
any
lawes
made
or
established
for
religion
by
authoritie
of
Parliament
,
which
stand
in
force
,
or
any
other
laws
or
statutes
of
this
realm
,
or
any
of
them
,
the
same
number
being
commanded
or
required
by
the
sherife
of
the
shire
,
or
by
any
Iu.
of
peace
of
the
same
shire
,
or
by
the
mayor
,
sherife
,
I.
of
peace
,
or
by
the
baylifs
of
any
citie
,
borough
,
or
towne
corporat
,
where
such
assemblies
shal
be
vnlawfully
had
and
made
,
by
proclamation
in
the
Queens
name
,
to
retire
,
and
repaire
to
their
owne
houses
and
habitations
,
or
places
from
whence
they
came
;
and
they
or
any
of
them
,
notwithstanding
such
Proclamation
,
shall
remaine
,
and
make
their
abode
and
continue
together
by
the
space
of
one
whole
houre
after
such
commandement
or
request
made
by
Proclamation
,
or
after
that
shall
willingly
in
forcible
and
riotous
manner
attempt
to
do
or
put
in
vre
any
thing
aboue
specified
:
Then
as
well
euery
such
abode
or
continuing
together
,
as
euery
such
act
or
offence
,
that
after
such
commandement
or
request
by
Proclamation
had
or
made
,
shal
be
attempted
to
be
done
,
practised
,
or
put
in
vre
by
any
of
the
persons
being
of
the
number
aforesaid
,
shal
be
iudged
felonie
in
all
and
singular
those
persons
,
that
so
shall
make
their
abode
or
continue
together
,
or
shall
attempt
or
commit
any
act
.
And
the
offendors
therein
shal
be
adiudged
felons
,
and
shall
suffer
only
execution
of
death
,
as
in
case
of
felony
.
St.
1.
M.
12.
33
If
any
persons
to
the
said
number
of
twelue
,
or
aboue
,
shall
intend
,
Practising
to
destroy
parks
,
ponds
,
conduits
.
goe
about
,
practise
,
and
put
in
vre
,
in
manner
and
forme
aforesaid
,
to
ouerthrowe
,
cut
,
breake
,
cast
downe
,
or
digge
vp
the
pales
,
hedges
,
ditches
,
or
other
inclosure
of
any
Parkes
or
Parke
,
or
other
grounds
or
ground
inclosed
,
or
the
bankes
of
any
fish-pond
or
poole
,
or
any
conduits
for
water
,
conduit
heads
,
or
conduit
pipes
,
hauing
course
of
water
,
to
the
intent
,
that
the
same
or
any
of
them
from
thenceforth
should
remaine
open
,
not
inclosed
,
or
voyd
,
Common
or
way
.
or
vnlawfully
to
haue
common
or
way
in
the
same
Parkes
or
Parke
,
or
other
groundes
or
ground
inclosed
,
or
in
any
of
them
,
or
to
destroy
in
manner
and
forme
aforesaid
the
Deere
in
any
Parks
or
Parke
,
or
any
warrens
or
warren
of
Conies
,
Destruction
of
déere
,
conies
,
doue-houses
,
fish
.
Pulling
downe
houses
,
burning
stacks
of
corne
,
abating
of
rents
.
or
any
Doue-houses
,
or
any
fish
in
any
fish-pond
or
poole
,
or
to
pull
or
cut
downe
any
houses
,
barnes
,
milles
,
or
bayes
,
or
to
burne
any
stackes
of
corne
or
graine
,
or
to
abate
or
diminish
the
rents
or
yearely
value
of
any
mannors
,
lands
,
or
tenements
,
or
the
price
of
any
victuall
,
corne
,
or
graine
,
or
any
other
thing
vsuall
for
the
sustenance
of
men
,
&
being
required
or
commanded
by
any
I.
of
peace
,
or
by
the
Sherife
of
the
countie
,
or
by
the
mayor
,
bailife
,
or
bailifs
,
or
other
head
officers
of
any
citie
or
towne
corporat
,
where
such
assemblie
shall
be
had
by
proclamation
to
bee
made
in
the
Quéenes
name
,
to
retire
,
&
returne
in
peaceable
maner
to
their
places
and
houses
from
whence
they
came
,
and
they
or
any
of
them
(
notwithstanding
such
proclamation
)
shall
remaine
or
make
their
abode
,
or
continue
together
by
the
space
of
one
whole
houre
after
such
commandement
or
request
made
by
proclamation
;
or
after
that
shall
in
forcible
maner
do
,
or
put
in
vre
any
of
those
things
last
before
mentioned
:
Then
aswell
euery
such
abode
,
or
continuing
together
,
as
euery
such
act
,
that
after
such
commandement
or
request
by
proclamation
,
or
request
had
or
made
,
shall
be
done
,
practised
,
or
put
in
vre
,
by
any
of
the
persons
being
aboue
the
number
of
twelue
,
shal
be
adiudged
felonie
,
and
the
offendors
therein
shall
be
adiudged
felons
,
and
shall
suffer
only
the
execution
of
death
,
as
in
case
of
felonie
.
Raising
of
vnlawfull
assemblies
by
some
acts
or
words
.
34
If
any
person
or
persons
vnlawfully
,
and
without
authority
,
1.
M.
12.
by
ringing
of
any
bell
,
or
bels
,
sounding
of
any
trumpet
,
drumme
,
horne
,
or
other
instrument
whatsoeuer
,
or
by
fiering
of
any
beacon
,
or
by
malitious
speaking
or
vttering
of
any
words
,
or
making
of
any
outcrie
,
or
by
setting
vp
,
or
casting
of
any
bils
or
bil
,
or
writing
whatsoeuer
,
or
by
any
other
déed
or
act
,
shall
raise
or
cause
to
be
raised
or
assembled
any
persons
to
the
number
of
twelue
or
aboue
,
to
the
intent
,
that
the
same
persons
should
doe
,
or
put
in
vre
,
any
of
the
things
aboue
mentioned
;
&
that
the
persons
to
the
number
of
twelue
or
aboue
so
raised
and
assembled
after
request
or
commandement
had
or
giuen
in
forme
aforesaid
,
shall
make
their
abode
,
or
continue
together
,
as
is
aforesaid
,
or
vnlawfully
and
in
forcible
manner
perpetrate
,
doe
,
commit
,
or
put
in
vre
any
the
acts
or
things
abouesaid
:
Then
all
and
singular
persons
,
by
whose
speaking
,
deed
,
act
,
or
any
other
the
meanes
aboue
specified
,
any
persons
to
the
number
of
twelue
or
aboue
shall
be
raised
or
assembled
,
for
the
doing
,
committing
,
or
putting
in
vre
of
any
the
acts
or
things
aboue
mentioned
,
shal
be
adiudged
for
his
so
speaking
or
doing
a
felon
,
&
shall
suffer
execution
of
death
,
as
in
case
of
felony
.
Relieuing
them
which
be
assembled
.
35
If
any
wife
,
or
seruant
of
any
of
the
same
persons
,
1.
M.
12.
or
any
other
person
whatsoeuer
,
shall
willingly
and
without
compulsion
,
bring
,
send
,
deliuer
,
or
conuey
,
any
money
,
harnesse
,
artillerie
,
weapon
,
meat
,
bread
,
drinke
,
or
other
victuall
to
any
person
or
persons
so
beeing
assembled
as
is
aforesaid
,
during
such
time
as
he
or
they
shall
so
be
assembled
,
or
be
together
,
as
is
aforesaid
:
then
euery
wife
,
seruant
,
or
other
person
,
so
bringing
or
conueying
&c.
any
of
the
foresaid
things
to
the
same
persons
so
beeing
assembled
together
in
forcible
manner
,
or
to
any
of
them
,
and
not
departing
to
their
houses
or
dwelling
places
,
vpon
request
or
commandement
made
vnto
them
as
is
aforesaid
,
shall
bee
adiudged
a
felon
,
&
shal
suffer
execution
of
death
,
as
in
case
of
felonie
.
Vnlawful
assemblies
aboue
two
and
vnder
twelue
.
36
If
any
persons
aboue
the
number
of
2.
and
vnder
the
number
of
12.
1.
M.
12.
beeing
assembled
together
,
shal
intend
,
goe
about
,
practise
,
or
put
in
vre
with
force
of
armes
vnlawfully
,
&
of
their
owne
authoritie
,
to
murder
,
kill
,
or
slay
any
of
the
kings
subiects
,
or
to
ouerthrowe
,
cut
,
breake
,
or
cast
downe
,
or
dig
vp
the
pales
,
hedges
,
ditches
,
wall
,
or
other
closure
of
any
parkes
or
parke
,
or
other
ground
inclosed
,
or
the
bankes
of
any
fish-pond
or
poole
,
to
the
intent
that
the
same
or
any
of
them
from
thenceforth
should
remaine
open
,
not
inclosed
,
or
void
,
or
to
haue
common
or
way
in
the
same
parks
or
parke
,
or
other
grounds
or
ground
inclosed
,
or
in
any
of
them
,
or
to
destroy
any
parkes
or
parke
,
or
fish-pond
,
or
poole
,
or
any
warrens
or
warren
of
conies
,
or
any
doue-houses
,
or
to
pul
,
or
cut
down
any
house
,
barne
,
or
mil
,
or
to
burne
any
stacke
of
corne
or
graine
,
or
to
alter
,
defaulke
,
or
abate
the
rents
,
or
yearely
value
of
any
mannors
,
lands
,
or
tenements
of
any
of
the
Kings
subiects
,
or
the
price
of
any
victual
,
corne
,
or
graine
,
or
any
other
thing
vsuall
for
the
sustenance
or
apparell
of
men
,
and
being
required
or
commanded
by
any
Iustice
of
peace
,
or
the
sherife
of
the
countie
,
or
by
any
mayor
,
bailife
,
or
bailifes
,
or
other
head
officer
of
any
citie
or
towne
corporat
,
where
such
assembly
shall
be
had
,
by
Proclamation
to
be
made
in
the
Kings
name
,
to
retire
or
returne
to
their
habitations
,
places
,
or
houses
:
and
they
so
required
by
such
proclamation
shall
not
so
do
,
but
after
that
shall
in
forcible
manner
in
forme
aforesaid
,
attempt
to
do
or
put
in
vre
any
of
the
things
last
aboue
mentioned
:
then
euery
of
the
same
persons
beeing
aboue
the
number
of
two
and
vnder
the
number
of
twelue
,
shall
suffer
imprisonment
of
his
or
their
bodies
by
the
space
of
one
whole
yeare
,
without
baile
or
mainprise
.
The
remedie
of
the
parties
grieued
.
And
also
if
any
person
or
persons
shall
be
damnified
or
hurt
by
the
doing
,
committing
,
or
putting
in
vre
of
any
vnlawfull
act
or
thing
aboue
mentioned
,
then
all
and
singular
persons
so
damnified
and
hurt
shall
recouer
and
haue
dammages
with
the
costs
of
their
suit
sustained
in
that
behalfe
trebled
against
the
offendors
therein
.
1.
M.
12.
37
If
any
persons
aboue
the
number
of
two
shal
vnlawfully
&
of
their
own
authoritie
assemble
together
,
to
the
intent
with
force
and
armes
to
do
,
practise
,
Raising
of
power
to
suppresse
vnlawful
assemblies
.
or
put
in
vre
any
of
the
things
aboue
mentioned
:
Then
it
shall
be
lawfull
to
euery
Iustice
of
peace
,
&
to
euery
Sherife
in
any
countie
,
beeing
within
the
K.
dominions
,
and
to
euery
mayor
,
bailife
,
and
other
head
officer
of
any
citie
,
or
towne
corporat
,
for
the
time
he
shall
be
in
office
,
or
any
other
person
or
persons
hauing
the
K.
commission
,
or
Letters
from
his
highnes
,
as
wel
to
raise
and
assemble
the
kings
louing
subiects
in
maner
of
warre
to
be
arraied
in
such
great
number
,
as
he
or
they
then
shall
thinke
meet
or
able
,
to
the
intent
by
violence
of
strength
to
suppresse
,
apprehend
,
and
take
the
said
persons
that
shall
bee
so
vnlawfully
assembled
.
And
if
the
said
persons
so
vnlawfully
assembled
,
after
such
cammandement
or
request
by
proclamation
made
,
shal
continue
together
and
not
endeauour
themselues
to
returne
towards
their
habitations
,
houses
,
or
places
from
whence
they
came
,
in
as
short
time
as
they
may
conueniently
:
Then
it
shall
be
lawful
to
euery
I.
of
peace
,
sherife
,
and
also
euery
mayor
,
bailife
,
and
other
head
officer
of
any
citie
or
town
corporat
,
&
to
euery
other
person
hauing
authoritie
as
is
aforesaid
,
after
such
commandement
or
request
by
proclamation
made
,
and
to
such
persons
as
shal
be
assembled
with
any
Iustice
of
peace
,
or
sherife
,
or
with
any
mayor
,
bailife
,
or
other
head
officer
of
any
citie
or
town
corporat
,
and
with
euery
other
person
hauing
authoritie
as
is
aforesaid
,
to
suppresse
,
apprehend
,
&
take
those
persons
so
vnlawfully
assembled
,
which
after
such
proclamation
made
,
shall
continue
together
,
and
not
endeauour
themselues
to
returne
towards
their
habitations
&c.
And
if
the
said
persons
so
vnlawfully
assembled
together
,
or
any
of
them
shall
fortune
to
be
killed
,
slaine
,
maihemed
,
or
hurt
,
in
,
or
about
the
suppressing
or
taking
of
them
,
then
euery
such
Iustice
,
Sherife
,
Maior
,
&c.
and
euery
other
person
hauing
authoritie
as
is
aforesaid
,
and
all
and
singular
persons
by
him
or
them
assembled
shal
be
frée
,
discharged
,
and
vnpunishable
:
as
well
against
the
king
,
as
against
all
and
euery
other
person
and
persons
,
of
,
for
,
or
concerning
the
killing
,
maiheming
,
or
hurting
of
any
person
or
persons
so
vnlawfully
assembled
,
that
shall
be
killed
,
slaine
,
maihemed
,
or
hurt
about
or
by
occasion
of
taking
or
suppressing
of
them
&c.
1.
M.
12.
38
All
and
euery
Copieholder
and
Customary
holder
,
being
a
yeoman
,
artificer
,
husbandman
,
A
copieholder
being
required
refuseth
to
serue
.
or
labourer
,
&
being
of
the
age
of
xviij
.
yeares
,
or
more
,
&
vnder
the
age
of
lx.
years
,
not
sicke
,
impotent
,
lame
,
maihemed
,
neither
hauing
any
other
iust
or
reasonable
excuse
or
cause
to
the
contrary
,
and
beeing
required
by
the
sherife
,
Iustice
,
or
Iustices
of
peace
,
or
other
hauing
authoritie
by
this
act
,
or
by
commission
,
or
letters
&c.
they
declaring
their
said
authoritie
,
or
being
required
by
the
immediat
Lord
or
Lords
of
whom
such
copie
or
customary
holds
then
shall
be
holden
,
to
serue
the
King
,
for
any
the
causes
aboue
rehearsed
,
and
refuse
so
to
doe
,
shall
(
only
during
the
life
of
such
person
or
persons
so
refusing
)
forfeit
to
his
Lord
or
Lords
,
of
whom
such
copie
or
customarie
holds
then
shal
be
immediatly
holden
,
&
should
be
holden
during
the
life
of
such
person
or
persons
so
refusing
,
in
case
he
had
not
refused
,
all
their
copie
&
customarie
holds
:
And
it
shal
be
lawful
to
euery
such
Lord
,
&c.
his
heirs
or
assignes
of
whom
such
copy
or
customary
holds
shal
be
immediatly
holden
,
&
should
haue
bin
holden
,
in
case
that
such
persons
or
persons
had
not
so
refused
,
to
enter
&
take
into
his
or
their
hands
or
possessions
all
such
copie
&
customarie
holds
so
holden
of
them
,
or
any
of
them
immediatly
,
&
to
retain
the
same
during
only
the
life
of
such
offendor
or
offendors
,
in
such
maner
as
he
or
they
should
haue
had
the
rents
or
seruices
of
such
copy
or
customary
hold
,
in
case
such
person
or
persons
so
refusing
,
had
not
refused
.
A
farmer
required
refuseth
to
serue
.
39
All
&
euery
farmer
being
a
yeoman
,
husbandman
,
artificer
,
or
labourer
,
1.
M.
12.
&
beeing
of
the
age
of
xviij
.
yeares
,
or
more
,
&
vnder
the
age
of
lx.
years
,
not
sick
,
impotent
,
lame
,
maihemed
,
nor
hauing
any
other
reasonable
excuse
or
cause
to
the
contrary
,
&
being
required
by
the
sherife
,
Iustice
,
or
Iustices
of
peace
,
or
other
hauing
authoritie
by
this
act
,
or
by
commission
,
or
letters
&c.
they
declaring
their
said
authoritie
;
or
being
required
by
their
said
Landlord
or
Landlords
for
the
time
being
,
to
whom
the
rents
of
such
farmes
shal
be
then
rising
,
growing
,
or
comming
,
to
serue
the
king
,
for
any
the
causes
aboue
rehearsed
,
and
refuse
so
to
doe
,
shall
(
during
only
the
life
of
such
farmer
or
farmers
so
refusing
)
forfeit
and
loose
to
such
Landlord
and
Landlords
as
should
haue
had
the
rents
of
such
farmer
during
the
life
&
liues
of
such
person
&
persons
so
refusing
,
all
their
said
farmes
.
And
it
shal
be
lawfull
to
euery
such
Landlord
&c.
their
heires
and
assignes
to
whom
the
rents
of
such
farmes
should
haue
bin
due
,
during
the
life
of
such
person
or
persons
so
refusing
(
in
case
he
or
they
had
not
refused
)
to
enter
&
take
into
his
or
their
hands
or
possession
al
such
farms
,
&
to
retain
the
same
only
during
the
life
of
euery
such
offendor
or
offendors
.
But
after
the
death
,
expiration
,
or
determination
of
the
interest
or
terme
of
yeares
of
euery
such
copyholder
,
customary
holder
,
or
farmer
,
as
so
shal
offend
,
&
forfeit
any
of
the
said
copi-holds
,
customary
holds
,
or
farmes
,
as
is
aforesaid
:
them
euery
such
person
as
should
,
or
ought
to
haue
had
the
copy
holds
,
customary
holds
,
or
farmes
,
after
,
or
by
the
death
,
expiration
,
or
determination
of
the
interest
,
or
terme
of
years
of
such
copie-holder
,
customarie
holder
,
or
farmer
(
in
case
such
copie-holder
,
customarie
holder
,
or
farmer
,
had
not
so
offended
ne
forfeited
)
shall
and
may
haue
the
same
copie-hold
,
customarie
holds
,
and
farmes
by
entrie
,
action
,
admission
,
or
otherwise
,
in
like
manner
,
forme
,
and
condition
,
and
by
such
meanes
,
as
they
and
euery
of
them
should
,
might
,
or
ought
to
haue
had
,
if
no
such
forfeiture
or
offence
had
bin
had
,
done
,
or
committed
.
40
If
any
person
shal
be
spoken
vnto
,
moued
,
1.
M.
12.
or
stirred
to
make
any
commotion
,
Disclosing
a
commotion
when
one
is
moued
.
insurrection
,
or
vnlawfull
assembly
for
any
of
the
intents
aboue
mentioned
,
and
doe
not
within
24.
houres
next
after
he
shal
be
spoken
vnto
,
moued
,
or
stirred
(
vnlesse
he
haue
good
and
reasonable
cause
of
excuse
)
declare
the
same
vnto
one
Iustice
of
the
peace
,
or
Sherife
of
the
said
countie
,
or
to
the
Mayor
,
Sherifes
,
Bailifes
,
or
other
head
officers
of
any
citie
or
town
corporat
,
where
such
commotion
&c.
shall
be
had
;
he
shall
suffer
imprisonment
by
the
space
of
thrée
moneths
,
without
baile
or
mainprise
,
vnlesse
he
shall
be
discharged
by
3.
Iustices
of
peace
(
whereof
one
to
bee
of
the
Quorum
)
of
the
same
shire
where
the
offence
shall
be
committed
.
1.
M
12.
41
If
any
person
béeing
aboue
the
age
of
eightéene
yeares
,
An
able
person
required
refuseth
to
serue
.
and
vnder
the
age
of
thréescore
,
beeing
able
to
serue
,
and
not
sicke
,
lame
,
or
impotent
,
shall
be
required
by
any
Iustice
of
peace
,
or
any
Sherife
of
any
Countie
,
where
any
such
assembly
shall
be
,
or
by
any
Mayor
,
Bailife
,
or
other
head
Officer
,
of
any
citie
,
borough
,
or
towne
corporat
,
or
by
any
other
by
the
commandement
of
any
such
Iustice
,
Sherife
,
Maior
,
&c.
to
goe
with
him
,
or
them
,
to
suppresse
the
persons
vnlawfully
assembled
in
manner
and
forme
aforesaid
:
then
euery
person
which
so
béeing
able
,
and
required
,
doth
willingly
and
obstinately
refuse
so
to
doe
,
shall
suffer
imprisonment
for
one
whole
yeare
,
without
baile
or
mainprise
.
1.
M.
12.
42
If
the
King
shall
by
his
Letters
patents
make
any
Lieutenant
in
any
Countie
or
Counties
of
this
Realme
,
Attendance
vpon
a
lieutenant
.
for
the
suppressing
of
any
commotion
,
rebellion
,
or
vnlawfull
assemblie
;
then
as
well
all
Iustices
of
peace
,
and
the
Sherife
and
Sherifes
of
the
same
,
as
all
Maiors
,
Baylifes
,
and
other
head
officers
,
and
all
inhabitants
and
subiects
of
any
Countie
,
Citie
,
Borough
,
or
towne
corporat
,
within
euery
such
Countie
,
shall
vpon
declaration
of
the
said
Letters
patents
and
request
made
,
bee
bound
to
giue
attendance
vpon
the
same
Lieutenant
,
to
suppresse
any
commotion
,
rebellion
,
or
vnlawfull
assemblie
,
vnlesse
hee
so
required
haue
any
reasonable
excuse
for
his
not
attendance
,
vpon
paine
of
imprisonment
for
one
whole
yeare
.
1.
M.
12.
43
The
order
and
forme
of
the
Proclamation
that
shall
be
made
by
the
authoritie
of
this
Act
,
shal
be
as
hereafter
followeth
,
The
forme
of
the
Proclamation
.
or
with
the
like
order
and
words
in
effect
,
viz.
The
Iustices
or
other
persons
authorized
by
this
Act
,
to
make
the
said
Proclamation
,
shall
make
or
cause
to
be
made
an
Oyes
,
and
after
that
shall
openly
pronounce
or
cause
to
be
pronounced
these
wordes
,
or
to
the
like
effect
:
The
King
our
Soueraigne
Lord
chargeth
and
commandeth
al
persons
being
assembled
,
immediately
to
disperse
themselues
,
and
peaceably
to
depart
to
their
habitations
,
or
their
lawfull
businesse
,
vpon
the
paine
contained
in
the
act
,
lately
made
against
vnlawfull
and
rebellious
assemblies
:
And
God
saue
the
King
.
1.
M.
12.
44
If
any
person
or
persons
doe
,
or
shal
molest
,
let
,
hinder
,
Hinderance
of
the
Proclamation
.
or
hurt
any
person
or
persons
,
that
shall
proclaime
,
or
go
to
proclaime
,
according
to
the
proclamation
and
order
aforesaid
,
whereby
such
proclamation
shal
not
be
made
;
then
euery
such
person
so
molesting
or
hurting
,
&c.
and
hauing
knowledge
of
his
message
,
shall
incurre
such
daunger
,
and
suffer
such
paines
and
forfeitures
,
the
persons
assembled
,
to
whom
the
proclamation
should
haue
beene
made
,
should
by
this
Act
incurre
,
for
not
obeying
the
Proclamation
(
if
it
had
béene
made
,
)
or
for
doing
after
the
Proclamation
of
any
the
things
before
expressed
.
And
also
all
such
persons
beeing
assembled
to
the
number
aforesaid
,
to
attempt
or
doe
any
the
things
aforesaid
,
to
whom
Proclamation
should
or
ought
to
haue
beene
made
,
if
the
same
had
not
beene
let
,
shall
likewise
in
case
they
doe
after
put
in
vre
,
and
doe
any
the
things
aforesaid
,
hauing
any
wayes
knowledge
of
the
let
so
made
,
or
by
any
meanes
procuring
the
same
let
,
incurre
like
danger
,
and
suffer
like
paines
and
forfeitures
aforesaid
,
in
euery
their
degrees
,
as
though
the
proclamation
had
beene
made
:
any
clause
,
article
,
&c.
in
this
Act
&c.
notwithstanding
.
Other
mens
right
saued
.
45
All
and
euery
the
heire
and
heires
of
all
and
euery
the
offendor
and
offendors
in
any
the
cases
aforesaid
,
and
all
and
euery
person
and
persons
,
1.
M.
12.
bodies
politicke
and
corporat
,
their
heires
,
successors
,
and
executors
,
and
euery
of
them
(
other
than
such
person
and
persons
onely
,
as
shall
be
attainted
,
conuicted
,
and
outlawed
of
any
the
foresaid
offences
of
felonie
)
shall
haue
,
hold
,
&
enioy
all
such
right
,
title
,
entrie
,
interest
,
leases
,
possessions
,
rents
,
conditions
,
profits
,
and
aduantages
,
as
they
,
or
any
of
them
shall
,
or
of
right
ought
to
haue
,
in
,
or
to
any
mannors
,
lands
,
rents
,
reuersions
,
seruices
,
or
hereditaments
whatsoeuer
,
or
in
,
or
to
any
part
thereof
,
in
as
large
manner
to
all
intents
,
as
if
such
attainder
had
neuer
beene
had
:
any
thing
in
this
act
&c.
notwithstanding
&c.
Sauing
to
euery
person
and
persons
,
bodies
politicke
and
corporate
,
and
their
successors
,
their
liberties
and
franchises
in
such
maner
,
as
if
this
act
had
neuer
beene
made
.
Procuring
others
to
offend
.
46
If
any
person
or
persons
doe
moue
,
stirre
,
1.
M.
12.
or
procure
any
person
or
persons
,
to
commit
any
of
the
offences
in
this
Act
specified
:
then
euery
such
person
and
persons
which
shall
procure
,
stirre
,
or
mooue
any
person
or
persons
so
to
offend
,
shall
suffer
such
punishment
by
imprisonment
,
without
baile
or
mainprise
,
as
is
before
expressed
in
this
Act
against
counsellors
of
such
offendors
.
Vnlawful
assemblies
by
xl
.
or
aboue
.
47
If
any
persons
to
the
number
of
fourtie
or
more
,
1.
M.
12.
shall
assemble
together
in
forcible
manner
vnlawfully
,
and
of
their
owne
authoritie
,
to
the
intent
to
execute
,
doe
,
or
put
in
vre
any
of
the
things
aboue
specified
,
or
to
doe
any
other
felonious
or
rebellious
act
or
acts
,
and
so
shall
continue
together
by
the
space
of
three
houres
after
proclamation
shall
bee
made
,
at
or
nigh
the
place
where
they
shall
be
so
assembled
,
or
in
some
market
towne
thereunto
next
adioyning
,
and
after
notice
to
them
giuen
thereof
:
Then
euery
person
so
willingly
assembled
in
forcible
manner
,
and
so
continuing
together
by
the
space
of
three
houres
after
such
proclamation
made
,
and
notice
thereof
giuen
,
shall
bée
adiudged
a
felon
.
A
lieutenant
shall
not
appoint
a
deputie
.
48
No
lieutenant
that
shall
bee
made
by
authoritie
or
colour
of
this
Act
,
1.
M.
12.
or
for
to
execute
this
Act
,
shall
constitute
vnder
him
,
or
in
his
place
,
any
deputy
,
nor
shall
call
or
appoint
to
appeare
before
him
,
by
the
onely
authoritie
of
lieutenancie
,
or
of
commission
of
lieutenancy
any
person
for
any
cause
or
matter
whatsoeuer
,
saue
onely
for
the
causes
and
matters
expressed
in
this
Acte
,
and
for
none
other
.
Aiding
of
the
offendors
after
the
offence
49
No
person
or
persons
shall
bee
put
to
any
losse
,
forfeiture
,
paine
,
1.
M.
12.
or
punishment
,
of
life
,
land
,
or
goods
,
as
accessorie
to
any
person
or
persons
,
that
shall
commit
any
of
the
offences
contained
in
this
act
,
for
receiuing
,
comforting
,
or
aiding
of
any
such
offendor
,
after
such
act
committed
or
done
.
1.
M.
12.
50
No
attainder
or
conuiction
of
any
person
or
persons
,
The
attainder
of
those
offences
no
corruption
of
blood
.
for
any
offence
or
offences
herein
contained
,
shall
be
any
corruption
of
blood
betwixt
the
offendor
and
any
of
his
auncestors
,
or
such
person
or
persons
as
should
haue
beene
heire
to
such
offendor
,
if
no
such
attainder
or
conuiction
had
béene
had
:
sauing
to
euery
person
and
persons
,
bodies
politicke
and
corporat
&c.
their
liberties
and
fran●●●ses
,
in
such
manner
as
if
this
Act
had
neuer
beene
made
.
❧
Of
Force
,
forcible
Entries
,
and
forcible
retayning
of
possessions
.
Vnlawfull
force
an
enemy
to
peace
.
1
FOrce
and
violence
executed
without
warrant
of
Law
,
be
so
méere
contrarie
to
the
peace
and
justice
of
the
Realme
,
as
disobedience
is
to
loyaltie
,
and
contempt
to
gouernment
:
for
whosoeuer
doth
make
a
Forcible
entrie
into
lands
in
the
possession
of
an
other
,
doth
secretly
reuolue
in
his
mind
,
and
distrust
to
himselfe
,
that
there
is
no
Law
in
the
Realme
to
redresse
his
wrong
,
or
no
ministers
to
execute
the
same
;
and
therefore
he
will
sit
in
iudgement
of
that
cause
himselfe
,
and
take
into
his
owne
hands
the
distribution
of
justice
,
and
assume
into
his
possession
by
the
strength
of
his
arme
,
what
the
phantasie
of
his
head
shall
resolue
to
be
his
due
;
whereas
the
Law
in
conuenient
time
would
truely
satisfie
him
,
whether
the
land
in
question
,
by
the
rules
of
justice
be
his
,
or
not
,
and
also
assigne
him
a
milde
and
calme
course
to
recouer
all
his
whole
dutie
,
with
valuable
damages
for
the
time
he
is
iniured
.
And
because
this
force
and
forcible
entrie
into
lands
,
is
so
opposite
and
méere
repugnant
to
the
peace
and
justice
of
the
Realme
,
and
tendeth
so
much
to
the
dishonour
of
the
King
,
and
his
Crowne
,
and
the
discredit
of
the
Law
,
that
any
person
by
byrth
and
oath
deuoted
to
the
obedience
of
the
King
,
and
his
Lawes
,
should
presume
of
his
owne
authoritie
,
by
force
,
and
strong
hand
to
resist
them
both
,
and
as
it
were
in
contempt
of
them
,
violently
to
intrude
himselfe
into
an
other
mans
possession
,
before
the
law
hath
decided
his
title
therein
:
Therefore
the
wisedome
of
the
Realme
,
hath
by
the
space
of
many
generations
first
prouided
to
restraine
those
forces
,
and
forcible
Entries
,
and
next
to
inflict
condigne
punishment
vpon
them
,
which
were
offendors
therein
:
Whereupon
by
a
Statute
made
Ann
5.
There
shal
be
no
forcible
entry
into
lands
.
R.
2.
the
King
defended
,
St.
5.
R.
2.
7.
that
none
from
thenceforth
should
make
any
Entrie
into
any
lands
and
tenements
,
but
in
case
where
entrie
is
giuen
by
the
Law
,
and
then
not
with
strong
hand
,
nor
with
multitude
of
people
,
but
only
in
a
peaceble
course
&
maner
.
And
if
any
from
henceforth
do
the
contrary
,
and
thereof
be
duely
conuict
,
he
shall
be
punished
by
imprysonment
of
his
bodie
,
and
thereof
ransomed
at
the
Kings
pleasure
.
2
But
for
that
the
said
Statute
of
5.
R.
2.
did
giue
no
spéedie
remedie
to
those
which
were
expelled
out
of
their
lands
or
tenements
,
nor
assigned
any
speciall
persons
to
suppresse
the
said
disorder
:
Therefore
by
an
other
Statute
made
Ann
15.
St.
15.
R.
2.
2
R.
2.
it
was
further
ordained
,
The
penaltie
of
forcible
entrie
into
lands
or
benefices
.
That
when
any
such
forcible
entrie
shall
be
made
into
lands
or
tenements
,
or
into
any
Benefices
or
offices
of
the
Church
,
and
the
complaint
thereof
come
to
the
Iustices
of
the
peace
,
or
any
of
them
,
that
the
same
Iustices
or
Iustice
take
sufficient
power
of
the
County
,
and
go
to
the
place
where
such
forcible
entrie
is
made
,
&
if
he
or
they
find
any
that
holdeth
such
place
forcible
after
such
entrie
made
,
they
shall
be
taken
,
and
put
into
the
Gaole
,
there
to
abide
conuict
by
the
record
of
the
same
Iustices
,
or
Iustice
,
vntill
they
haue
made
fine
and
ransom
to
the
King
.
And
all
they
of
the
Countie
,
aswell
the
Shirife
,
as
other
,
shall
be
attending
vpon
the
Iustices
to
go
and
assist
the
same
Iustices
,
to
arrest
such
offendors
,
vpon
paine
of
imprisonment
,
and
to
make
fine
to
the
King
.
3
And
forasmuch
as
the
said
Statute
of
15.
R.
2.
doth
not
extend
to
Entries
into
tenements
in
peaceable
manner
,
and
after
holden
with
force
,
nor
if
the
persons
which
enter
with
force
into
any
lands
or
tenements
be
wholy
remoued
and
departed
before
the
comming
of
the
said
Iustices
,
or
Iustice
;
Neither
is
there
any
paine
ordained
,
if
the
Shirife
do
not
obey
the
precepts
of
the
Iustices
in
this
behalfe
.
St.
8.
H.
6.
9.
Therefore
by
an
other
Statute
made
Ann
8.
H.
6.
it
was
ordained
,
that
the
said
former
Statutes
should
be
continued
and
executed
.
And
further
,
that
where
any
do
make
such
forcible
entrie
into
lands
,
tenements
,
or
other
possessions
,
or
hold
them
forcible
,
Holding
possession
by
force
.
after
complaint
thereof
made
within
the
said
Countie
where
such
entrie
is
made
,
to
the
Iustices
of
peace
,
or
to
one
of
them
by
the
partie
grieued
,
that
the
Iustices
or
Iustice
so
warned
,
within
a
conuenient
time
cause
the
said
Statute
to
be
executed
,
and
that
at
the
costes
of
the
partie
so
grieued
.
And
whether
such
persons
making
such
Entries
be
present
,
or
gone
before
the
comming
of
the
said
Iustices
or
Iustice
,
presently
the
same
Iustices
or
Iustice
in
some
good
Towne
next
vnto
the
tenements
so
entred
,
or
in
some
other
conuenient
place
,
according
to
their
discretion
,
shall
haue
authoritie
to
inquire
by
the
people
of
the
same
Countie
,
aswell
of
them
that
made
such
forcible
entries
into
lands
or
tenements
,
Feoffement
of
lands
for
maintenance
.
as
of
them
which
hold
the
same
with
force
.
And
if
it
be
found
before
any
of
them
,
that
any
doth
contrarie
to
this
Statute
,
then
the
said
Iustices
or
Iustice
shall
cause
the
lands
or
tenements
so
entred
or
holden
as
aforesaid
to
be
reseised
,
and
shal
put
the
partie
so
put
out
,
in
full
possession
of
the
same
lands
or
tenements
so
entred
or
holden
,
as
before
they
were
entred
or
holden
.
And
if
any
person
after
such
entrie
into
lands
or
tenements
holden
with
force
,
make
a
feoffement
or
other
discontinuance
〈◊〉
any
Lord
,
or
other
person
to
haue
maintenaunce
,
or
to
take
away
and
defraud
the
possessor
of
his
recouerie
in
any
wise
,
if
after
in
an
Assise
,
or
other
action
thereof
to
be
taken
or
pursued
before
Iustices
of
Assise
,
or
other
the
Kings
Iustices
whatsoeuer
they
be
,
by
due
inquirie
thereof
to
be
taken
,
the
same
feoffements
and
discontinuances
may
be
duely
proued
to
be
made
,
for
maintenance
,
as
is
aforesaid
,
then
such
feoffements
or
other
discontinuances
so
as
before
made
shall
be
void
.
And
if
any
person
be
put
out
or
disseised
of
any
lands
or
tenements
in
forcible
manner
,
or
put
out
peaceablie
,
&
after
holden
out
with
strong
hand
,
and
armes
,
against
the
Iustice
of
peace
;
or
after
such
entry
,
any
feoffement
or
discontinuance
in
any
wise
thereof
be
made
,
An
Assise
or
action
of
trespas
againste
disseisour
by
force
.
to
defraude
&
take
away
the
right
of
the
possessor
,
the
party
greiued
in
this
behalfe
,
shall
haue
an
Assise
of
Nouel
disseisin
,
or
a
writ
of
Trespas
against
such
disseisor
.
And
if
the
party
grieued
recouer
by
Assise
,
or
by
action
of
Trespas
and
it
be
found
by
verdict
,
or
in
any
other
manner
by
due
forme
of
the
Law
,
that
the
partie
defendant
entred
with
force
into
the
lands
&
tenements
,
or
them
after
his
entrie
did
hold
with
force
,
then
the
plaintife
shall
recouer
treble
dammages
against
the
defendant
,
and
moreouer
the
defendant
shall
make
fine
and
ransome
to
the
King
.
The
authority
of
officers
of
Cities
and
Townes
enfranchised
.
And
the
Maiors
,
Iustices
and
Iustice
of
peace
,
Shirifes
,
and
Bailifes
of
Cities
and
Boroughes
hauing
fraunchise
,
shall
haue
in
the
said
Cities
,
Townes
,
&
Boroughes
,
like
authoritie
to
auoid
such
Entries
,
and
in
other
articles
aforesaid
,
rising
within
the
same
,
as
Iustices
of
peace
and
Shirifes
in
Counties
and
Shires
haue
.
4
As
by
the
foresaid
Statute
of
8.
H.
6.
if
any
person
after
entrie
into
lands
or
tenements
holden
with
force
,
shal
make
any
feoffement
or
other
discontinuance
thereof
to
any
Lord
or
other
person
,
to
haue
maintenance
,
or
to
defraud
the
possessor
of
his
recouery
,
then
the
same
feoffements
&
discontinuances
shall
be
void
:
So
by
an
other
Statute
made
before
that
Anno
4.
H.
4.
St.
4.
H.
4.
8.
it
was
inacted
,
A
speciall
Assise
against
a
disseisor
with
force
.
That
if
any
man
in
his
owne
right
to
his
vse
,
or
in
an
other
mans
right
to
his
vse
,
doth
make
any
forcible
entrie
into
an
other
mans
lands
by
way
of
maintenaunce
,
or
doth
take
or
carry
away
any
goods
of
the
possessors
of
the
fréehold
after
any
such
forcible
entrie
;
then
if
the
partie
grieued
or
other
lawfull
man
will
affirme
,
that
the
entry
was
made
in
such
forcible
manner
,
the
Chancellor
of
England
may
graunt
to
the
partie
greiued
a
speciall
Assise
:
And
if
the
disseisor
be
attainted
of
such
forcible
disseisin
,
he
shall
be
one
yeare
imprisoned
,
and
pay
to
the
partie
grieued
his
double
dammages
,
and
also
dammages
for
his
goods
.
And
one
of
the
Iustices
of
the
one
Bench
,
or
of
the
other
,
or
the
chiefe
Baron
of
the
Exchequer
(
if
he
be
learned
in
the
law
)
shall
be
named
in
euery
such
speciall
Assise
.
And
no
Supersedeas
shal
be
granted
to
the
contrarie
of
such
Assise
.
5
Wherefore
,
if
a
man
be
disseised
by
force
of
any
lands
or
tenements
by
way
of
maintenance
,
or
that
his
goods
be
taken
or
carried
away
after
such
entrie
made
:
Or
that
he
be
put
out
,
or
disseised
of
his
lands
in
forcible
manner
:
Or
that
he
be
put
out
peaceablie
,
and
after
holden
out
with
force
against
a
Iustice
of
peace
:
Or
after
such
entrie
,
any
feoffement
or
discontinuance
be
made
to
defraud
and
take
away
the
right
of
the
possessor
;
then
the
partie
grieued
(
as
his
case
requireth
)
may
haue
a
speciall
Assise
against
the
disseisor
,
and
recouer
his
double
dammages
,
Seuerall
remedies
for
seuerall
offences
by
force
.
and
dammages
for
his
goods
,
and
the
disseisor
shall
be
one
yeare
imprisoned
,
according
to
the
foresaid
Statute
of
4.
H.
4.
St.
4.
H.
4.
8.
Or
else
he
may
haue
an
Assise
of
Nouel
disseisin
,
or
an
action
of
Trespas
against
the
disseisor
,
and
recouer
treble
dammages
;
and
moreouer
,
the
disseisor
shall
make
fine
and
ransom
to
the
King
,
according
to
the
before
rehearsed
Statute
of
8.
H.
6.
St.
8.
H.
6.
9.
Or
if
the
plaintife
will
omit
the
benefit
of
recouerie
of
his
dammages
,
he
may
only
craue
and
vse
the
assistance
of
a
Iustice
of
peace
,
to
sée
and
remoue
the
force
,
to
record
it
,
to
inquire
of
it
,
and
to
make
him
restitution
,
according
as
the
truth
of
his
case
shall
appeare
to
the
said
Iustice
vpon
his
owne
sight
,
or
be
found
by
inquisition
,
according
to
the
former
prouision
of
the
said
Statute
of
8.
H.
6.
Or
lastly
,
he
that
is
put
out
,
or
holden
out
of
his
lands
with
force
,
may
haue
a
writ
directed
out
of
the
Chauncerie
to
the
Shirife
only
,
or
to
the
Shirife
and
the
Iustices
of
peace
vpon
the
Statute
of
Northhampton
made
Ann
2.
Ed.
3.
St.
2.
E.
3.
3.
commaunding
that
proclamation
may
be
made
vpon
that
Statute
.
6
And
for
that
it
is
conuenient
,
that
he
who
is
with
force
expelled
out
of
his
lands
,
or
by
force
detained
from
the
same
,
should
not
be
long
kept
out
of
possession
thereof
,
but
that
there
should
be
a
spéedie
redresse
to
restore
him
to
his
owne
:
and
also
because
it
is
meant
,
that
the
inquisition
of
that
force
should
be
made
by
men
of
good
estate
,
and
so
the
more
like
to
be
indifferent
,
of
better
vnderstanding
,
and
to
declare
the
truth
in
those
cases
:
Therefore
by
the
foresaid
statute
of
Anno
8.
Sta.
8.
H.
6.
9.
H.
6.
it
was
moreouer
ordained
,
That
when
the
said
Iustices
or
Iustice
shall
make
such
inquiries
,
as
are
beforesaid
,
they
shall
cause
their
warrants
and
precepts
to
be
directed
to
the
Shirife
of
the
same
Countie
,
A
precept
to
the
Shirife
to
impannell
a
Iurie
.
commaunding
him
on
the
Kings
behalfe
to
cause
to
come
before
them
,
and
euery
of
them
,
sufficient
and
indifferent
persons
,
dwelling
next
about
the
lands
so
entred
vpon
as
before
;
to
enquire
of
such
entries
,
whereof
euery
man
that
shall
be
impannelled
,
and
may
inquire
in
this
behalfe
,
shall
haue
lands
or
tenements
to
the
value
of
xl
.
s.
by
the
yeare
at
the
least
aboue
reprises
,
and
that
the
Shirife
returne
issues
vpon
euery
of
them
at
the
day
of
the
first
precept
returnable
xx
.
s.
and
at
the
second
day
xl
.
s.
and
at
the
third
day
fiue
pounds
,
and
at
euery
day
after
,
the
double
.
And
if
any
Shirife
or
Baylife
within
a
fraunchise
,
hauing
the
returne
of
the
Kings
writs
be
slacke
,
and
make
not
execution
duly
of
the
said
precepts
to
him
directed
to
make
such
inquiries
,
he
shall
forfeit
to
the
King
xx.li.
for
euery
such
default
,
Shirifes
forfaiture
.
and
moreouer
shall
make
fine
and
ransom
to
the
King
.
And
aswell
the
Iustices
or
Iustice
aforesaid
,
as
the
Iustices
of
Assise
,
and
euery
of
them
,
at
their
comming
into
the
Country
to
take
Assises
,
haue
power
to
heare
and
determine
such
defaults
,
and
negligences
of
the
said
Shirifes
,
and
Bailifes
,
and
euery
of
them
,
aswell
by
bill
at
the
sute
of
the
party
greiued
for
himselfe
,
as
for
the
King
,
to
sue
by
Inditement
only
to
be
taken
for
the
King
.
And
if
the
Shirife
or
Bailife
be
duly
attainted
in
this
behalfe
by
Indictment
,
or
by
bill
,
he
which
sueth
for
himselfe
,
and
for
the
King
,
shall
haue
the
one
moitie
of
the
forfaiture
of
xx
.
li.
together
with
his
costs
and
expences
.
The
proces
.
And
the
same
proces
shall
be
made
against
such
persons
indited
,
or
sued
by
bill
in
this
behalfe
,
as
should
be
against
persons
indited
or
sued
by
writ
of
Trespas
with
force
and
armes
against
the
Kings
peace
.
7
The
forme
of
which
precept
by
a
Iustice
of
peace
,
Buck.
to
the
Shirife
to
returne
a
Iurie
,
to
enquire
of
Forcible
entries
is
this
.
Edwardus
Tirrell
miles
vnus
Iusticiariorum
dni
Regis
,
The
forme
of
a
Precept
to
the
Shirife
to
returne
a
Iurie
.
ad
pacem
in
Comitatu
Buck.
conseruandam
assignatorum
vicecomiti
eiusdem
Comitatus
salutem
:
Ex
parte
dicti
Domini
Regis
tibi
mando
,
quod
venire
facias
coramme
apud
Thornborough
in
Comitatu
praedicto
10.
die
Octobris
proximo
futuro
24.
probos
,
sufficientes
,
&
legales
homines
de
viceneto
de
Thornborough
praedicto
,
quorum
quilibet
habeat
40.
solidos
terrarum
&
tenementorum
,
vel
reddituum
pet
annum
ad
minus
vltra
reprisas
,
ad
inquirendum
super
sacramentum
suum
,
si
A.
B.
de
Adstock
in
dicto
Comitatu
Buck.
blacksmith
,
&
alij
malefactores
,
&
pacis
dicti
domini
Regis
perturbatores
,
in
vnum
mesuagium
&
20.
acras
terrae
&
alia
tenementa
de
C.
D.
husband
.
de
T.
praedict'
manu
forti
super
possessionem
dicti
C.
D.
ingressi
sunt
,
aut
eadem
cum
fortitudine
adhuc
tenent
&
occupant
.
Et
videas
quod
super
quilibet
Iuratorum
in
hoc
parte
impan
nellandorum
xx
.
s.
ad
primum
diem
returnes
;
&
hoc
nullatenus
omittas
sub
pena
xx.li.
quam
noueris
te
incursurum
,
si
in
executione
praemissorum
tepidus
aut
remissus
fueris
.
Et
habeas
ibi
hoc
praeceptum
.
Datur
apud
Thornton
xx
.
die
Septemb.
Anno
Regni
domini
nostri
Regis
Iacobi
&c.
tertio
.
8
The
forme
of
an
inquisition
or
verdit
of
the
Iury
which
are
returned
and
sworne
to
enquire
of
forcible
Entrie
into
lands
or
tenements
,
or
of
the
forcible
detayning
of
them
taken
by
a
Iustice
of
peace
is
this
.
Buck.
The
forme
of
an
Inquisition
of
forcible
entrie
.
viz.
Inquisitio
pro
domino
Rege
capta
apud
Buckingham
in
Com̄
praedicto
xx
.
die
N.
Anno
Regni
domini
nostri
Regis
Iacobi
&c.
quarto
,
super
sacramentum
A.
B.
C.
D.
E.
F.
G.
&c.
coram
Thoma
Temple
milite
vno
Iusticiar'
dicti
domini
Regis
ad
pacem
in
dicto
Comitatu
conseruandam
assignatorum
:
Qui
dicunt
,
quod
vbi
H.
I.
de
Tyngswicke
in
Comitur
praedict
husbandman
,
qui
legitime
&
pacifice
seisitus
fuit
in
dominico
suo
vt
defecdo
,
de
vno
mesuagio
cum
pertinentijs
in
Tyngswick
praedicto
,
&
possessionem
suam
sic
continuauit
,
quousque
L.
M.
de
Maydsmoorton
in
Comitatu
praedicto
laborer
,
&
alij
malefactores
,
&
pacis
dicti
domini
Regis
perturbatores
xxx
.
die
O.
iam
vltimo
elapso
,
vi
&
armis
,
viz.
cum
baculis
,
gladijs
,
arcubus
,
sagittis
,
fustibus
,
gunnis
,
&
balistis
in
mesuagium
praedictum
&c.
intrauerunt
,
&
ipsum
H.
I.
inde
expulerunt
,
&
idem
mesuagium
&c.
a
praedicto
xxx
.
die
O.
vsque
ad
diem
captionis
huius
inquisitionis
&c.
cum
huiusmodi
fortitudine
&
potentia
tenuer̄
,
&
occupauerunt
,
in
magnam
pacis
dicti
domini
Regis
perturbationem
,
&
contra
formam
statuti
in
tali
casu
editi
&
ꝓuisi
,
vbi
nullus
eorum
,
nec
aliquis
alius
cuius
statum
ipsi
aut
aliquis
eorum
habuerunt
,
aut
habuit
,
aliquid
in
eodem
mesuagio
&c.
aut
aliqua
inde
parcella
habuerunt
,
aut
habuit
infra
tres
annos
proximos
ante
ingressum
suum
praedictum
,
nequè
aliquo
tempore
praecedente
ad
notitiam
Iuratorum
predictorum
.
9
And
for
that
the
said
Statute
of
8.
H.
6.
hath
ordained
,
That
if
it
be
found
before
any
of
the
said
Iustices
of
peace
,
that
any
doth
contrarie
to
that
Statute
,
then
the
said
Iustices
or
Iustice
shall
cause
the
lands
or
tenements
so
entred
,
or
holden
with
force
to
be
reseised
,
and
shall
put
the
partie
so
put
out
in
full
possession
of
the
same
lands
,
so
entred
or
holden
as
before
they
were
entred
or
holden
:
Therefore
,
when
the
Iustice
of
peace
shall
by
the
said
Inquisition
be
informed
,
or
by
the
view
of
his
owne
eye
perceiue
,
that
any
such
forcible
entrie
into
any
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
dni
Regis
ad
pacem
in
dicto
Comitatu
conseruandam
assignatorum
,
Vicecom
eiusdem
Comitatur
,
salutem
.
Cum
per
quandam
Inquisitionem
patriae
coram
me
captum
apud
East-Claydon
in
Comitatu
predicto
2.
die
Dec.
Anno
regni
dni
nostri
Iacobi
quarto
,
super
sacr̄m
A.
B.
C.
D.
E.
F.
&c.
ac
per
formam
statuti
in
hm̄odi
casu
ꝓuisi
compertum
fuerit
,
qd'
L.
M.
de
Horwood
magna
in
Compredict'
husb
.
alij
malefactores
,
&
pacis
dicti
dni
Regis
perturbatores
,
26.
die
No.
ann
dicti
dni
Regis
nunc
quarto
,
in
quoddam
messuagium
&c.
N.
T.
in
East-Claydon
predicta
,
vi
&
armis
ingressi
fuerunt
,
ac
ipsum
N.
T.
inde
expulerunt
,
&
predictum
mesuagium
&c.
a
predicto
26.
die
&c.
vsque
ad
dictum
secundum
diem
Decemb.
manu
forti
&
cum
potentia
tenuerunt
,
ꝓut
per
Inquisitionēpredictam
plenius
liquet
de
recordo
:
Ideo
ex
parte
dicti
dni
Regis
tibi
mando
,
&
precipio
quod
ad
hoc
debitur
requisitus
,
vna
cum
posse
Comitatur
tui
,
si
necesse
fuerit
,
accedas
ad
mesuagium
&
caetera
praemissa
,
ac
eadem
cum
pertinentijs
reseisiri
facias
,
&
p̄fatum
N.
T.
ad
&
in
plenam
possessionem
suam
inde
,
ꝓut
ipse
ante
ingressūp̄dictū
fuerat
,
restituas
,
&
mitti
facias
,
iuxta
formam
dicti
statuti
,
de
Ingressibus
manu
forti
factis
aediti
&
ꝓuisi
.
Et
hoc
nullatenus
omittas
sub
periculo
incumbentur
.
Teste
me
prefato
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
restitution
,
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
restitution
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
indictment
found
.
But
if
a
man
be
seised
of
a
lawfull
possession
by
the
space
of
thrée
yéeres
of
any
land
without
interruption
,
22.
H.
6.
18.
Fitz.
Na.
B.
249.
he
may
kéepe
his
possession
by
force
against
all
others
.
And
he
is
neither
to
be
remoued
from
his
possession
by
a
Iust.
of
peace
,
though
it
be
found
by
inquisition
,
that
he
held
that
land
by
force
,
nor
yet
by
an
action
of
Forcible
entry
brought
against
him
vpon
the
said
statute
of
8.
H.
6.
Otherwise
it
is
of
a
disseisor
,
where
restitution
notwithstanding
three
yeares
possession
.
or
of
a
man
that
commeth
to
land
by
a
wrongful
and
vnlawfull
title
:
for
if
he
hath
detained
the
land
by
force
,
thrée
yeares
,
14.
H.
7.
28.
or
twenty
yeares
,
he
may
be
indited
by
vertue
of
the
statute
of
8.
H.
6.
before
a
Iustice
of
peace
,
of
forcible
detaining
of
the
same
land
,
and
that
being
found
,
the
said
Iustice
of
peace
is
to
reseise
the
land
,
and
to
award
restitution
to
the
party
disseised
or
expelled
thereof
.
And
also
the
same
disseisor
shall
make
fine
and
ransome
to
the
King
(
cui
nullum
tempus
occurrit
)
whose
peace
is
broken
by
this
long
and
vnlawfull
detaining
of
the
possession
of
another
mans
land
by
force
.
But
the
party
disseised
,
expelled
,
or
kept
out
of
possession
,
cannot
in
this
case
maintaine
an
action
of
Forcible
entry
vpon
the
said
statute
of
8.
H.
6.
against
the
said
disseisor
,
séeing
he
hath
omitted
his
time
,
&
suffered
the
disseisor
to
gaine
of
him
thrée
yeares
possession
,
&
therby
the
benefit
of
the
same
prouiso
contained
in
the
said
statute
of
8.
H.
6.
13
If
a
man
who
hath
made
an
Entry
vpon
the
possession
of
another
of
any
lands
or
tenements
by
force
,
or
doth
hold
lands
by
force
,
1.
R.
3.
4.
after
a
peaceably
entry
made
,
doe
doubt
,
that
he
shal
be
thereof
indited
before
a
Iustice
of
peace
vpon
the
statute
of
8.
H.
6.
and
that
restitution
will
be
thereupon
awarded
,
he
may
haue
a
Certiorari
out
of
the
Kings
Bench
ready
,
and
when
the
Bill
of
Indictment
is
found
,
he
may
presently
deliuer
it
to
the
court
,
and
that
shal
be
a
Supersedeas
to
stay
Restitution
,
A
Supersedeas
to
stay
restitution
.
for
that
by
this
Certiorari
the
indictment
shal
be
remoued
.
And
though
the
indictment
be
found
after
the
Teste
of
the
writ
of
Certiorari
,
it
is
not
materiall
,
for
they
be
both
the
Kings
Courts
.
And
when
an
indictment
vpon
the
said
statute
of
8.
H.
6.
2.
&
3.
P.
&
M.
Dy.
122.
is
remoued
into
the
kings
Bench
,
and
that
the
party
indited
doth
tender
to
trauerse
the
same
,
the
Iustices
of
the
same
Bench
may
graunt
or
stay
restitution
,
at
their
discretion
,
according
as
the
truth
of
the
Title
shall
appeare
to
them
.
But
if
a
speciall
sessions
be
procured
to
inquire
of
a
Forcible
entry
,
or
detaining
of
possession
,
according
to
the
said
statute
of
8.
H.
6.
and
the
Iustices
to
whom
complaint
is
made
,
do
repaire
to
the
place
supposed
to
be
entred
vpon
,
or
holden
with
force
,
2.
&
3.
P.
&
M.
Dy.
187.
and
doe
sée
the
same
according
to
the
said
statute
,
&
after
they
do
inquire
thereof
,
and
that
is
found
,
and
thereupon
they
graunt
restitution
;
no
other
Iustice
of
peace
can
graunt
a
Supersedeas
to
stay
the
same
restitution
:
for
by
the
said
statute
no
other
Iustice
hath
authority
to
graunt
restitution
,
but
he
or
they
to
whom
the
complaint
is
made
,
and
before
whom
the
force
is
found
,
&
the
writ
shal
be
graunted
vnder
the
Teste
of
one
of
them
onely
,
sauing
the
Iustices
of
the
K.
Bench
,
who
haue
supreme
authority
,
and
where
the
law
doth
intend
,
that
the
King
himselfe
doth
sit
.
14
Whereas
the
words
of
the
foresaid
statute
of
8.
H.
6.
be
:
Sta.
8.
H.
6.
9.
If
it
be
found
before
any
of
the
Iustices
or
Iustice
of
peace
,
that
any
doth
contrary
to
this
statute
(
viz.
enter
vpon
,
or
hold
lands
with
force
)
then
the
said
Iustices
or
Iustice
shall
cause
the
lands
or
tenements
so
entred
or
holden
to
be
reseised
,
and
shall
put
the
party
so
put
out
in
full
possession
of
the
same
landes
or
tenements
so
entred
or
holden
,
as
before
they
were
entred
or
holden
.
And
therefore
if
the
father
be
put
out
of
possession
of
lands
by
force
,
and
dieth
before
or
after
inquisition
thereof
,
his
heire
shall
not
haue
restitution
thereof
vpon
the
said
statute
of
8.
H.
6.
for
that
he
was
not
the
same
person
which
was
put
out
.
And
the
same
Law
is
,
if
after
the
death
of
the
father
,
Where
force
found
,
and
no
restitution
.
dying
seised
of
certaine
lands
,
a
stranger
doth
abate
,
and
holdeth
the
same
lands
by
force
against
his
heire
,
before
he
had
gotten
any
possession
indéed
,
and
that
force
is
found
before
a
Iustice
of
peace
by
an
inquisition
,
the
same
heire
shall
not
haue
restitution
by
the
words
of
the
said
statute
,
for
that
the
same
heire
had
but
a
possession
in
law
,
and
was
not
in
actuall
possession
of
that
land
,
neither
is
hée
that
party
who
was
put
out
.
And
so
it
is
,
if
tenant
for
terme
of
yéeres
of
certaine
lands
be
put
out
of
his
terme
by
force
,
and
die
,
though
after
his
death
the
force
he
f●und
by
inquisition
taken
by
a
Iustice
of
peace
,
his
executors
shall
not
be
restored
to
the
possession
of
that
land
by
the
same
Iustice
of
peace
,
causa
qua
supra
.
But
yet
in
the
cases
aforesaid
the
offendor
shall
be
punished
by
imprisonment
&
fine
to
the
K.
for
by
his
forcible
entry
he
hath
broken
the
peace
.
St.
15.
R.
2.
2.
15
Whereas
by
the
before
rehearsed
statute
of
15.
Rich.
2.
it
is
ordayned
,
That
when
any
forcible
entry
shal
be
made
into
lands
,
and
complaint
thereof
come
to
a
Iustice
of
peace
,
he
shall
go
to
the
place
where
the
entry
was
made
,
and
if
he
find
any
that
hold
any
such
place
forcibly
after
such
entry
made
,
they
shal
be
taken
and
put
into
the
Gaole
&c.
The
forme
of
which
Iustice
of
peace
Mittimus
,
whereby
he
shall
send
the
same
offendors
to
the
Gaole
,
is
this
,
viz.
Francis
Fortescue
knight
,
Buck.
A
Mittimus
to
send
to
the
gaole
such
as
do
hold
land
by
force
.
one
of
the
Iustices
of
peace
of
our
Soueraigne
Lord
the
King
,
within
the
county
of
Buckingham
,
to
the
keeper
of
his
Ma.
Gaole
in
Aylesbury
in
the
said
county
,
and
to
his
deputie
and
deputies
there
,
and
to
euery
of
them
greeting
:
Vpon
complaint
made
to
me
by
A.
B.
of
Whaddon
in
the
said
county
husbandman
,
that
C.
D.
E.
F.
of
S.
in
the
said
county
labourers
,
and
other
malefactors
and
disturbers
of
the
Kings
peace
had
forcibly
and
with
strong
hand
entred
into
his
house
&c.
in
Whaddon
aforesaid
,
and
him
expulsed
,
&
the
same
yet
held
with
force
,
I
went
this
present
day
to
the
said
house
,
and
there
found
the
said
C.
D.
E.
F.
holding
the
said
house
&c.
with
swords
and
bucklers
,
bils
and
staues
,
to
the
great
disturbance
of
his
Ma.
peace
,
and
against
the
forme
of
the
said
statute
in
that
behalfe
ordained
.
And
therefore
I
send
you
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
,
Vpon
complaint
made
to
the
I.
of
P.
or
one
of
them
&c.
yet
those
words
do
not
alwais
bind
a
I.
of
P.
to
expect
the
complaint
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
possession
,
is
ignorant
in
séeking
lawfull
redres
for
his
receiued
iniury
,
or
doth
intend
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
bring
an
action
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
tenements
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
lands
&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
,
cannot
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
complaint
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
complaint
may
be
made
to
the
said
I.
of
P.
aswell
by
him
in
the
reuersion
,
as
by
the
tenant
for
terme
of
yeres
,
or
copiholder
:
séeing
he
in
the
reuersion
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
lands
,
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
possession
sueth
a
writ
of
forcible
entry
.
and
after
the
disseisée
doth
réenter
againe
,
yet
the
same
disseisee
may
pursue
an
action
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
them
maketh
rescous
by
force
,
he
only
shal
be
imprisoned
,
&
yet
the
others
be
disseisors
.
And
the
like
law
is
of
a
common
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
vpon
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
legem
:
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
.
As
,
one
brought
an
action
of
Forcible
entry
vpon
the
statute
of
8.
H.
6.
and
supposed
that
the
defendant
with
force
and
armes
entred
into
a
messuage
&c.
15.
H.
7.
17.
Whereunto
the
defendant
pleaded
,
The
finding
of
the
speciall
matter
,
doth
charge
or
discharge
the
def.
of
force
.
That
a
stranger
was
seised
of
the
same
messuage
&c.
and
enfeoffed
him
thereof
,
by
means
wherof
he
entred
peaceably
,
without
that
,
that
he
entred
by
force
.
And
the
plaintife
made
a
title
,
and
trauersed
the
barre
,
and
the
issue
was
found
for
the
plaintife
:
1.
H.
7.
19.
and
thereupon
it
was
adiudged
,
that
the
force
should
not
be
inquired
of
:
For
séeing
the
title
is
found
against
the
defendant
,
he
shall
be
conuict
of
the
force
,
as
on
the
other
side
,
if
the
barre
had
béene
found
for
the
defendant
,
the
force
should
not
haue
béene
inquired
of
:
for
that
if
the
title
of
the
plaintife
be
not
good
,
although
the
defendant
doth
enter
with
force
,
the
plaintife
hath
no
cause
of
action
;
and
yet
in
that
case
,
he
that
entreth
with
force
,
shal
be
indited
thereof
,
and
shall
pay
a
fine
to
the
K.
therefore
.
And
if
the
defendant
doth
enter
peaceably
,
where
his
entry
is
not
lawfull
,
he
may
plead
,
that
he
did
not
enter
contra
formam
statuti
,
and
by
that
meanes
the
force
and
the
disseisin
shal
be
inquired
of
.
But
if
he
make
a
title
to
the
land
by
pleading
in
barre
,
as
is
aforesaid
,
then
it
shal
be
adiudged
his
owne
folly
.
As
,
in
a
writ
of
Forcible
entry
,
when
the
defendant
doth
plead
in
barre
,
yet
he
must
trauerse
the
force
:
So
in
a
presentment
of
Forcible
entry
Presentment
of
forcible
entry
.
before
the
Iustices
of
peace
,
7.
H.
6.
13.
it
was
found
and
presented
,
that
A.
was
seised
of
the
manor
of
B.
in
his
demesne
as
of
fée
,
vntill
C.
did
enter
vpon
the
said
manor
,
and
put
him
out
with
force
and
armes
against
the
kings
peace
.
And
this
presentment
being
remoued
into
the
kings
bench
,
and
proces
being
awarded
for
the
king
against
C.
he
appeared
and
pleaded
to
the
force
and
armes
,
&
all
that
is
against
the
peace
,
not
guiltie
.
But
the
court
enforced
him
to
plead
to
his
entry
,
and
then
he
iustified
his
entry
by
reason
of
a
remainder
intailed
to
his
father
of
the
same
land
,
and
that
his
father
entred
and
died
seised
thereof
,
&
that
he
as
heire
to
his
father
did
enter
.
And
so
it
is
,
if
a
man
be
indited
for
the
taking
away
of
certaine
goods
by
force
and
armes
,
he
shal
answer
to
the
taking
,
and
if
he
be
found
guilty
of
the
Trespas
,
there
shal
be
no
inquirie
made
of
the
force
and
armes
.
19.
H.
6.
32.
27
A
man
brought
an
action
of
Forcible
entry
against
diuers
others
vpon
the
statute
of
8.
H.
6.
and
counted
,
One
action
for
entring
&
detaining
with
force
.
that
they
did
with
force
&
armes
enter
vpon
his
land
,
and
put
him
out
,
and
so
declared
according
to
the
statute
,
whereupon
they
were
at
issue
.
And
it
was
found
by
verdict
,
that
some
of
the
defendants
entred
vpon
the
land
with
force
and
armes
,
and
did
not
hold
it
with
force
,
and
some
others
of
them
did
enter
peaceably
into
the
same
land
,
and
held
it
with
force
and
armes
:
and
so
the
Iurie
taxed
the
dammages
seuerally
vpon
both
those
points
:
vpon
which
verdict
it
was
adiudged
,
That
the
plaintife
should
recouer
treble
dammages
against
those
that
entred
forcibly
,
and
also
should
recouer
treble
dammages
against
those
that
entred
peaceably
,
and
held
with
force
,
and
the
costs
of
his
suite
:
and
further
,
that
the
said
plaintife
should
bée
amerced
,
for
that
he
supposed
that
all
did
enter
with
force
,
which
was
found
against
him
.
And
in
like
sort
,
if
two
be
indited
of
Forcible
entry
and
detayning
with
force
,
and
vpon
their
Trauerse
it
is
found
,
that
one
of
them
entred
with
force
,
and
the
other
detained
with
force
,
yet
restitution
shall
be
awarded
to
the
party
put
out
of
possession
.
Fit
.
Na.
B.
249.
28
And
further
if
a
man
do
enter
by
force
,
or
detaine
by
force
any
lands
or
tenements
,
the
partie
grieued
may
haue
a
writ
out
of
the
Chauncery
,
directed
to
the
Sherife
of
the
Countie
onely
,
or
to
the
Sherife
and
Iustices
of
peace
,
or
some
of
them
,
Sta.
2.
E.
3.
3.
vpon
the
statute
made
at
Northampton
anno
2.
Ed.
3.
The
form
of
which
writ
is
this
,
viz.
Iacobus
Dei
gratia
&c.
vicecomiti
Buck.
Salutem
;
A
writ
vpon
the
statute
of
Northampton
.
Quia
datum
est
nobis
intelligi
,
quod
quamplures
malefactores
,
&
pacis
nostrae
perturbatores
,
in
conuenticulis
congregati
,
armati
,
&
modo
guerrino
arraiati
apud
Westburie
accederunt
,
et
clausuras
,
et
domos
quorundam
legiorum
nostrorum
ibidem
per
vim
&
potentiam
armati
intrauerunt
,
&
res
,
redditus
,
&
prouentus
,
ac
alia
bona
sua
quaecunque
de
quibuscunque
possessoribus
suis
ibidem
prouenientia
capere
consenserunt
,
&
asportare
intendunt
,
&
ad
hoc
parant
in
nostri
contemptum
,
ac
quorundam
de
populo
nostro
ibidem
terrorem
&
commotionem
manifestam
,
ac
contra
formam
statuti
apud
Northampton
de
armis
contra
pacem
domini
Edwardi
nuper
Regis
Angliae
tertij
,
progenitoris
nostri
,
non
portandis
editi
,
&
contra
pacem
nostram
.
Nos
statutum
praedictum
inuiolabiliter
obseruari
,
&
idem
infringentes
iuxta
vim
&
effectum
eiusdem
statuti
castigari
facere
volentes
,
&
puniri
.
Tibi
praecipimus
quod
apud
villam
de
Westbury
,
et
alibi
in
comitatu
tuo
vbi
necesse
fuerit
publice
proclamari
,
&
ex
parte
nostra
firmiter
inhiberi
facias
,
ne
quis
cuiuscunque
status
seu
conditionis
fuerit
ibidem
armatus
contra
pacem
nostram
,
ac
contra
formam
statuti
praedicti
accedat
,
nec
armatam
potentiam
,
nec
quicquid
aliud
ibidem
,
seu
alibi
facere
,
per
quod
pax
nostra
,
seu
statutum
praedict'
laedi
,
vel
populus
noster
turbari
,
terreri
,
aut
indebité
grauari
poterit
quouismodo
sub
poena
amissionis
armorum
suorum
,
&
incarcerationis
corporum
suorum
ad
voluntatem
nostram
,
prout
in
statuto
praedicto
plenius
continetur
.
Et
omnes
illos
quos
post
&
contra
proclamationem
et
inhibitionem
predictam
inueneris
contraria
facientes
,
vel
per
inquisitionem
per
te
modo
&
forma
debita
capiendam
inueneris
fecisse
,
vnà
cum
armis
,
&
armaturis
suis
secum
inuentis
,
arrestari
,
&
capi
;
&
corpora
ipsorum
arrestatorum
in
prisona
nostra
,
quousque
aliud
a
nobis
pro
deliberatione
sua
habueritis
in
mandatis
,
saluò
custodiri
,
et
arma
&
armatur̄
praedicta
appreciari
,
&
nobis
inde
responderi
facias
.
Nos
verò
in
Cancellaria
nostra
sub
sigillo
tuo
,
de
nominibus
arrestatorum
praedictorum
,
&
de
armis
,
&
armaturis
suis
,
&
quae
&
cuiusmodi
fuerint
,
&
de
pretio
,
&
de
vero
valore
eorundem
,
ac
de
toto
facto
tuo
in
hac
parte
reddatis
distinctè
&
apertè
sine
dilatione
certiores
,
hoc
breue
nobis
remittentes
.
Teste
&c.
S.
Manasse
&c.
7.
When
the
Shirife
or
Iustice
or
Iustices
of
peace
to
whom
the
foresaid
writ
is
directed
,
hath
caused
thrée
proclamations
to
be
made
according
to
the
purport
of
the
said
writ
,
then
he
or
they
may
enter
and
make
search
in
the
house
,
houses
,
or
place
suspected
,
and
search
whether
there
bee
any
force
of
armour
or
weapons
worne
,
borne
,
or
vsed
against
the
said
proclamation
,
or
otherwise
he
is
warranted
by
the
said
writ
to
inquire
thereof
by
a
Iurie
.
And
if
any
such
armour
or
weapons
be
found
,
he
must
imprison
the
offendors
,
and
seise
and
praise
their
armour
and
weapons
so
found
with
them
to
the
Kings
vse
.
And
if
vpon
the
proclamation
they
doe
depart
in
peaceable
manner
,
then
he
hath
no
warrant
by
the
writ
to
commit
them
to
prison
.
But
by
this
writ
the
Shirife
or
Iustices
haue
onely
authority
to
remoue
the
force
,
but
not
to
put
the
party
expelled
in
possession
againe
.
What
shal
be
said
to
be
force
29
Because
I
haue
written
of
force
,
forcible
entry
,
and
forcible
detaining
of
possession
,
it
is
conuenient
that
I
should
somewhat
declare
,
what
the
law
doth
accompt
to
be
force
,
and
what
acts
,
and
in
what
manner
done
to
be
forcible
.
This
forcible
entry
or
forcible
detaining
of
possession
,
which
the
statutes
before
rehearsed
do
prohibite
,
must
be
done
with
some
weapons
either
offensiue
or
defensiue
,
as
with
swords
,
bucklers
,
pykes
,
iauelines
,
bills
,
clubs
,
pitchforkes
,
staues
,
halberts
,
bowes
&
arrowes
,
crossebowes
,
gunnes
,
harneys
,
casting
of
stones
or
blocks
,
pouring
of
hot
coales
,
scalding
water
,
or
lead
,
or
with
any
other
thing
wherewith
one
man
may
hurt
the
person
of
another
.
Force
by
number
of
seruants
.
And
further
,
if
a
man
doth
enter
vpon
the
possession
of
another
,
10.
H.
7.
11.
or
doth
kéepe
a
possession
taken
with
more
seruants
or
attendants
,
then
he
doth
commonly
maintaine
,
it
is
force
,
and
it
shal
be
adiudged
in
him
a
forcible
entry
,
or
a
forcible
detaining
of
possession
.
And
so
it
is
,
if
diuers
do
come
with
bowes
,
bills
,
gunnes
,
or
other
weapons
to
a
ground
,
or
to
a
house
,
and
enter
without
the
disturbance
of
any
,
this
is
an
entry
by
force
:
for
the
words
of
the
statute
of
5.
R.
2.
be
,
Sta.
5.
R.
2.
7
That
none
shall
enter
with
multitude
of
people
,
but
only
in
a
peaceable
manner
.
And
in
like
sort
,
if
a
man
doe
enter
peaceably
into
a
house
,
Force
by
number
of
weapons
and
after
doth
bring
into
the
same
more
weapons
then
he
and
his
ordinary
family
do
commonly
&
vsually
weare
(
besides
those
weapons
that
he
doth
find
in
the
house
,
whereof
hée
must
make
no
vse
to
defend
his
possession
)
it
is
a
forcible
detaining
of
possession
.
And
moreouer
,
if
complaint
be
made
to
a
Iustice
of
peace
,
that
one
hath
entred
forcibly
into
a
house
,
and
doth
detaine
the
same
with
force
,
and
the
said
Iustice
of
peace
doth
goe
thither
,
and
findeth
the
dores
shut
,
and
him
or
those
within
denying
him
to
enter
,
this
is
a
detayning
of
possession
with
force
,
though
there
be
no
weapon
shewed
or
vsed
,
and
though
there
be
but
one
person
within
the
house
,
for
in
this
case
the
offendor
doth
vse
the
dore
as
his
buckler
to
keepe
the
possession
.
If
the
Iustice
of
peace
doe
find
in
the
house
any
great
number
of
people
,
or
any
persons
in
harneis
,
or
hauing
harneis
lying
by
them
,
this
is
a
detainer
with
force
.
Wherefore
in
all
the
cases
aforesaid
the
Iustice
of
peace
may
take
the
power
of
the
County
,
breake
open
the
dores
,
&
commit
the
offendors
to
prison
.
11.
Ass.
p.
25
And
if
a
man
do
mowe
,
reape
,
sheare
,
or
sickle
corne
or
grasse
(
or
by
such
other
labor
which
cannot
be
done
without
the
hands
of
man
)
wherunto
he
hath
no
title
,
this
shal
be
adiudged
an
entry
&
disseisin
with
force
.
If
a
man
do
kéepe
his
beasts
by
force
in
another
mans
seueral
ground
,
27.
Ass.
p.
30
claiming
common
therein
,
whereas
he
hath
no
common
there
,
this
is
a
disseisin
of
the
land
by
force
.
30.
Ass.
p.
50
And
if
a
man
do
enter
into
the
possession
of
another
mans
land
,
and
after
doth
fell
or
lop
wood
there
,
this
is
a
disseisin
by
force
.
If
a
man
do
enter
into
another
mans
house
or
land
,
11.
H.
4.
16.
&
disseise
or
expel
him
thereof
,
&
after
doth
carry
away
certaine
goods
of
the
disseisées
,
this
is
a
disseisin
with
force
&
arms
,
and
the
disseisor
shal
be
imprisoned
for
it
.
16.
Assis
.
p.
7.
14.
Ass.
p.
18.
12.
H.
4.
22.
22.
Ass
p.
33.
30
A
woman
couert
may
commit
a
disseisin
with
force
,
Who
may
commit
a
forcible
entry
.
and
be
imprisoned
therfore
:
and
so
may
an
infant
of
the
age
of
18.
yéeres
or
aboue
commit
a
disseisin
by
force
,
&
be
imprisoned
.
But
if
he
be
of
tender
age
,
he
shal
not
be
adiudged
a
disseisor
with
force
,
nor
be
imprisoned
.
31
Though
force
being
opposed
against
the
law
,
What
force
is
lawfull
to
the
persons
of
men
.
is
a
professed
enemy
to
the
peace
of
the
Realme
,
yet
being
vsed
in
the
maintenance
of
the
law
,
it
is
a
principall
protector
of
the
same
peace
:
for
the
law
doth
put
the
sword
of
iustice
into
the
kings
hand
to
protect
himselfe
and
euery
of
his
subiects
from
the
violence
and
oppression
of
others
,
and
to
relieue
each
one
that
hath
iust
cause
of
complaint
,
and
thereby
to
yeeld
him
peace
.
Wherefore
force
is
to
be
resembled
to
fire
,
which
being
abused
,
may
consume
the
whole
house
,
and
being
wel
guided
is
a
meane
to
yeeld
sustenance
and
comfort
to
euery
person
therein
.
And
so
force
may
be
lawfully
vsed
by
all
the
kings
Officers
,
Ministers
,
and
Subiects
thereunto
deputed
(
with
the
helpe
of
all
others
to
assist
them
when
need
shall
require
)
to
execute
or
aduance
iustice
,
or
the
iudgements
of
the
Law
.
It
is
lawfull
force
,
wherby
all
offendors
in
Treason
,
Felony
,
&
other
great
crimes
,
be
apprehended
,
7.
E.
8.
16.
caried
to
prison
,
brought
to
their
answers
,
&
receiue
condigne
punishments
,
inflicted
vpon
them
for
their
offences
.
It
is
lawful
force
,
wherby
the
Shirife
,
his
Vndershirife
,
Baylifes
,
or
Deputies
doe
with
strength
apprehend
any
person
by
vertue
of
the
kings
writs
,
to
answere
or
satisfie
the
purport
of
the
same
writs
.
St.
8.
H.
6.
9.
It
is
lawfull
force
whereby
Iustices
of
peace
doe
remoue
those
vnlawfull
Entries
,
or
vnlawfull
detainings
of
possession
which
one
man
doth
make
into
another
mans
land
,
contrary
to
the
Laws
and
Statutes
abouesaid
,
and
whereby
they
doe
put
him
againe
in
possession
,
who
was
wrongfully
disseised
or
expelled
thereof
.
And
it
is
lawfull
force
which
Iustices
of
peace
,
Shirifes
,
Coroners
,
Constables
,
Tithingmen
,
Headboroughes
,
Boroughholders
,
&
al
other
charged
and
authorized
to
preserue
the
peace
(
together
with
their
assistants
,
deputies
,
or
assignées
)
shall
vse
in
apprehending
or
committing
to
prison
such
as
doe
attempt
to
disturbe
or
breake
the
peace
within
their
iurisdictions
,
or
being
commanded
,
wil
refuse
to
put
in
sufficient
sureties
for
the
keeping
of
the
same
peace
.
32
As
in
the
causes
aforesaid
force
may
be
lawfully
vsed
to
the
persons
of
men
,
so
in
some
other
cases
forces
may
be
vsed
,
&
forcible
entries
may
be
lawfully
made
into
the
lands
and
tenements
of
others
.
Where
the
house
of
a
man
may
be
broken
by
force
,
and
where
not
.
As
for
Treason
,
or
Felony
,
or
suspition
of
Felony
,
one
may
by
force
breake
open
a
house
,
if
the
dores
be
shut
,
to
apprehend
the
Felon
:
13.
E.
4.
9.
For
as
a
Felon
is
an
enemy
to
the
Common-wealth
,
so
is
it
for
the
benefit
of
the
Commonwealth
to
apprehend
him
:
And
the
King
as
head
of
the
Commonwealth
hath
interest
in
felony
to
punish
it
,
and
so
a
house
doth
not
defend
an
entry
to
pursue
and
arrest
one
that
hath
committed
felony
,
or
is
suspected
therof
.
As
if
one
hath
wounded
a
man
,
7.
E.
3.
16.
whereby
he
is
in
perill
of
death
,
and
the
offendor
doth
flie
into
a
house
,
the
Constable
or
those
that
do
pursue
him
,
may
breake
open
the
house
to
apprehend
him
,
if
the
dores
be
shut
.
And
in
like
sort
,
if
a
fray
be
made
,
or
a
quarrell
be
moued
in
a
house
,
whereof
the
dores
be
shut
,
whereby
the
peace
is
broken
,
or
like
to
be
broken
,
the
Shirife
,
a
Iustice
of
peace
,
or
a
Constable
may
by
force
breake
open
the
dore
of
the
house
to
appease
that
quarrell
,
or
to
take
surety
of
the
offendors
to
kéepe
the
peace
.
And
if
a
man
be
outlawed
of
Treason
or
Felony
,
or
in
a
personall
action
,
whereby
a
Capias
vtlagatum
is
directed
to
the
Shirife
to
apprehend
and
take
him
,
the
Shirife
may
breake
open
the
dores
of
the
house
,
if
they
be
shut
,
apprehend
the
same
Outlaw
,
and
commit
him
to
prison
.
And
if
it
be
found
by
an
inquisition
before
a
Iustice
of
peace
,
that
one
hath
entred
into
another
mans
house
by
force
,
or
doth
detaine
it
by
force
after
peaceable
entry
made
,
he
may
breake
open
the
house
by
force
to
reseise
the
same
land
,
and
to
put
the
party
so
put
out
in
possession
againe
;
and
so
may
the
Shirife
doe
,
hauing
the
Iustices
warrant
.
If
a
man
be
indited
of
Trespas
,
and
a
Capias
pro
fine
is
awarded
to
the
Shirife
to
take
him
,
27.
Ass.
p.
35
the
Shirife
may
breake
open
the
house
to
take
him
,
if
the
dores
be
shut
.
And
in
all
cases
where
the
king
is
party
,
the
Shirife
may
breake
the
house
of
the
party
offending
,
Co.
li.
5.
91.
13.
Ed.
4.
9.
or
the
house
where
he
is
,
to
apprehend
him
,
or
otherwise
to
execute
the
Kings
proces
,
if
the
dores
be
not
open
,
or
that
he
cannot
otherwise
enter
:
for
where
the
King
hath
interest
,
the
writ
or
action
is
in
the
nature
of
a
writ
of
Non
omittas
propter
aliquam
libertatem
.
But
this
is
to
be
obserued
,
that
alwaies
before
the
Shirife
or
other
Officer
doth
breake
open
the
house
or
dores
of
any
man
,
Fitz.
Execution
252.
he
must
signifie
the
cause
of
his
comming
,
and
desire
that
the
dore
may
be
opened
vnto
him
:
for
if
there
be
no
default
in
the
owner
,
the
law
doth
condemne
the
breaking
of
a
house
,
which
was
prouided
for
the
dwelling
and
safetie
of
men
.
And
therefore
in
any
of
the
cases
aforesaid
,
if
the
Shirife
doe
breake
open
the
house
,
where
some
of
the
dores
of
the
same
be
open
,
whereby
he
may
enter
,
or
that
he
may
open
the
dore
by
the
key
,
or
without
breaking
,
he
is
a
Trespassor
,
and
is
chargeable
therefore
to
the
owner
of
the
house
in
an
action
of
Trespas
.
Sta.
3.
E.
1.
17
13.
Ed.
1.
38.
If
one
man
doe
distraine
another
mans
cattell
,
and
after
doe
put
them
into
a
Castle
,
Fortresse
,
or
other
strong
hold
,
house
,
or
place
,
and
then
the
owner
of
the
cattell
doth
sue
a
Repleuin
directed
to
the
Shirife
,
to
make
deliuery
to
him
of
the
same
cattell
:
then
if
the
same
Castle
,
Fortresse
,
House
,
or
Hold
,
be
not
opened
to
the
Shirife
vpon
his
solemne
request
,
when
he
commeth
to
make
deliuerance
of
the
cattell
,
according
to
the
purport
of
his
writ
,
he
may
take
the
force
and
power
of
his
County
,
and
breake
downe
the
same
castle
,
fortresse
,
or
house
&c.
and
make
deliuerance
of
the
same
cattell
:
for
it
would
tend
to
the
dishonor
of
the
King
&
his
Crowne
,
that
the
Shirife
hauing
the
kings
writ
,
should
be
resisted
with
force
by
any
of
his
owne
subiects
to
execute
the
same
,
and
to
make
deliuerance
of
the
cattell
.
When
any
house
is
recouered
by
one
man
against
another
in
any
reall
action
,
Co.
lib.
5.
91
or
by
an
Erectione
firmae
,
the
Shirife
hauing
the
K.
writ
of
Habere
facias
seisinam
or
possessionem
,
may
breake
open
the
same
house
,
if
the
dores
be
shut
,
to
deliuer
seisin
or
possession
to
the
demaundant
or
plaintife
:
for
after
iudgement
the
house
in
right
&
by
the
censure
of
the
law
is
none
of
the
tenants
or
defendants
.
But
it
is
not
lawfull
for
the
Shirife
at
the
suit
of
any
common
person
to
breake
the
house
of
the
defendant
in
the
same
suit
,
to
execute
proces
(
though
he
doe
make
request
and
be
denied
it
)
for
thereupon
might
ensue
great
inconuenience
,
18.
E.
4.
4.
that
vpon
colour
of
any
fained
suit
,
a
man
should
haue
his
house
(
being
his
castle
of
defence
)
broken
by
day
or
by
night
,
by
any
Vndershirife
or
Baylife
,
being
many
times
of
small
abilitie
.
And
therfore
if
in
that
case
the
Shirife
breake
any
mans
house
to
make
execution
of
any
proces
at
the
suit
of
a
common
person
,
he
is
a
trespassor
to
the
owner
of
the
same
house
,
who
may
haue
an
action
of
Trespas
against
him
therefore
,
as
against
any
other
person
,
and
shall
recouer
his
dammages
.
But
notwithstanding
,
the
execution
,
which
the
said
Shirife
shall
then
and
there
make
,
is
good
.
And
yet
the
house
of
a
man
is
a
castle
,
and
place
of
priuiledge
,
but
for
himselfe
,
his
wife
,
Co.
li.
5.
93
seruants
,
and
ordinarie
resiants
,
and
for
his
owne
goods
:
for
it
will
not
protect
any
other
man
which
will
flie
into
his
house
,
or
the
goods
of
any
other
person
which
shal
be
brought
into
his
house
,
to
preuent
lawfull
execution
,
and
to
escape
the
ordinary
proces
of
the
law
.
And
therefore
in
any
of
those
cases
,
if
the
Shirife
hauing
proces
to
doe
execution
vpon
the
body
or
goods
of
a
man
,
do
make
request
to
haue
the
dore
opened
,
or
to
haue
the
body
of
the
party
flying
thither
,
or
the
goods
of
another
brought
thither
,
to
be
deliuered
vnto
him
,
and
it
be
denied
him
,
or
that
it
be
not
done
,
the
Shirife
may
breake
the
house
,
and
execute
the
proces
.
33
As
force
is
to
be
vsed
lawfully
,
where
it
is
for
the
benefit
of
the
king
,
or
to
auaile
the
Commonwealth
:
so
euery
man
being
of
himselfe
a
little
world
,
&
his
family
a
small
Commonwealth
,
&
he
the
head
thereof
,
may
in
diuers
cases
defend
the
same
Commonwealth
by
force
.
Cok.
lib.
5.
91.
26.
Ass.
p.
23
&
32.
Fitz.
Cor.
303.
305.
22.
Assise
p.
55.
St.
24.
H.
8.
5
21.
H.
7.
39.
As
,
In
what
cases
any
p●rson
may
de●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
,
●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
attempt
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
when
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
iudgement
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
disturbance
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
,
or
defeated
of
his
land
,
lease
,
annuitie
,
debt
,
accompt
,
action
,
suit
,
or
demaund
,
is
no
lesse
perillous
and
preiudiciall
to
the
party
thereby
wronged
(
if
it
be
not
discouered
,
preuented
,
or
auoided
)
then
the
wresting
and
euicting
from
him
of
the
same
land
,
lease
,
annuitie
,
debt
,
or
demaund
.
And
the
offendors
therein
do
as
iniuriously
,
and
with
as
small
colour
of
iustice
,
wrest
from
the
party
grieued
his
said
land
,
lease
,
annuitie
,
debt
,
&c.
as
the
robber
doth
take
a
purse
from
the
traueller
by
the
way
,
or
the
burglarer
his
intended
prey
from
the
houskéeper
in
the
night
.
And
if
those
reall
dueties
or
things
in
action
,
were
conuerted
into
things
personall
,
the
vndue
conueying
of
them
in
this
vnlawfull
manner
,
would
deserue
to
be
accounted
and
punished
amongst
other
felonies
;
as
in
some
sort
it
is
ordained
so
to
be
by
the
statute
of
anno
5.
Eliz.
St.
5.
El.
14.
And
because
diuers
persons
did
forge
false
déeds
and
miniments
,
and
did
cause
them
to
bée
openly
pronounced
,
published
,
and
read
,
to
trouble
,
change
,
or
vndoe
the
lands
of
other
persons
,
and
to
vndoe
and
troble
the
possessions
and
titles
of
the
kings
people
:
therefore
by
a
statute
made
anno
1.
H.
5.
it
was
ordained
,
St.
1.
H.
5.
3.
that
the
partie
grieued
thereby
,
shall
haue
his
suit
in
that
case
,
and
recouer
his
dammages
,
and
the
partie
conuict
shall
make
fine
and
ransome
at
the
kings
pleasure
.
But
forasmuch
as
the
wicked
and
daungerous
practise
of
making
,
forging
,
and
publishing
of
false
and
vntrue
déeds
and
writings
,
was
much
more
practised
and
put
in
vre
,
in
all
the
parts
of
this
Realme
,
than
in
times
past
it
had
béene
,
to
the
disherison
of
diuers
persons
,
and
the
great
subuersion
of
iustice
,
which
hath
growne
chiefely
by
that
the
paines
and
punishments
limited
for
such
great
offences
,
by
the
lawes
and
statutes
of
this
Realme
,
before
time
were
so
small
and
easie
,
that
such
euill
people
were
not
afraid
to
enterprise
the
practising
and
doing
of
such
offences
:
The
repeale
of
former
statutes
of
Forgerie
.
Therefore
by
a
statute
made
anno
5.
St.
5.
El.
14.
El.
it
was
enacted
,
That
all
other
statutes
before
that
time
made
and
prouided
for
forger
of
false
déeds
,
charters
,
miniments
,
or
writings
,
and
all
and
euerie
penaltie
appointed
for
the
same
,
should
from
the
first
day
of
Iune
then
next
following
,
be
void
.
Forging
of
a
déed
,
whereby
anothers
fréehold
shal
be
troubled
.
3
To
the
intent
that
condigne
,
or
some
sharper
punishment
might
bée
ordained
for
such
as
should
bée
offenders
in
that
crime
of
forgerie
,
than
in
time
past
had
béene
,
by
the
sayd
statute
of
anno
5.
Elizab.
it
was
established
,
St.
5.
El.
14
That
if
any
person
or
persons
after
the
first
day
of
Iune
then
next
following
,
vpon
his
or
their
owne
head
and
imagination
,
or
by
false
conspiracie
and
fraud
with
others
,
shall
wittingly
,
subtilly
,
and
falsly
,
forge
,
or
make
,
or
subtilly
cause
,
or
wittingly
assent
to
bée
forged
or
made
,
any
false
déed
,
charter
,
or
writing
sealed
,
court
roll
,
or
the
will
of
any
person
or
persons
in
writing
,
to
the
intent
that
the
estate
of
Fréehold
or
inheritance
of
any
person
or
persons
,
of
,
in
,
or
to
any
lands
,
tenements
,
or
hereditaments
,
fréehold
or
copihold
,
or
the
the
right
,
title
,
or
interest
of
any
person
or
persons
,
of
,
in
,
or
to
the
same
,
or
any
of
them
,
shall
or
may
bée
molested
,
troubled
,
defeated
,
recouered
,
or
charged
:
Or
shall
pronounce
,
Publishing
of
a
forged
déed
.
publish
,
or
shew
forth
in
euidence
,
any
such
false
and
forged
déed
,
charter
,
writing
,
court
roll
,
or
will
,
as
true
,
knowing
the
same
to
bée
false
and
forged
,
as
is
aforesaid
,
to
the
intent
aboue
remembred
,
and
shall
bée
thereof
conuicted
,
either
vpon
any
action
or
actions
of
Forger
of
false
deeds
,
to
bee
founded
vpon
this
statute
,
at
the
suit
of
the
partie
grieued
,
or
otherwise
according
to
the
order
and
course
of
the
lawes
of
this
Raalme
,
or
vpon
Bill
or
Information
to
be
exhibited
into
the
Court
of
Starre
chamber
,
according
to
the
order
and
vse
of
the
Court
,
he
shall
pay
vnto
the
partie
grieued
his
double
costs
and
dammages
,
to
bée
found
or
assessed
in
the
Court
where
such
conuiction
shall
bée
,
and
also
shall
be
set
vpon
the
Pillorie
in
some
open
market
towne
,
or
other
open
place
,
and
there
to
haue
both
his
eares
cut
off
,
and
also
his
nostrels
to
be
flit
,
and
cut
,
and
seared
,
so
as
they
may
remaine
for
a
perpetuall
note
or
marke
of
his
falshood
,
and
shall
forfeit
to
the
Queene
her
heires
and
successors
,
the
whole
issues
and
profits
of
his
lands
and
tenements
during
his
life
,
and
shall
suffer
and
haue
perpetuall
imprisonment
during
his
life
.
The
same
dammages
and
costs
to
bée
recouered
at
the
suit
of
the
partie
grieued
,
as
is
aforesaid
,
to
be
first
paid
,
and
bee
leuied
of
the
goods
and
cattels
of
the
offendors
,
and
of
the
issues
and
profits
of
the
said
landes
,
tenements
,
and
hereditaments
of
such
partie
conuicted
,
or
of
one
,
or
both
of
them
,
the
sayd
title
of
the
Queene
,
her
heires
and
successors
to
the
same
notwithstanding
.
Stat.
5.
El.
14
4
If
any
person
or
persons
after
the
said
first
day
of
Iune
next
,
Forging
a
déed
,
whereby
a
lease
or
annuitie
may
bée
claimed
.
vpon
his
or
their
owne
imagination
,
or
by
false
conspiracie
,
or
fraud
,
had
with
any
other
,
shall
wittingly
,
subtilly
,
and
falsly
,
forge
or
make
,
or
wittingly
,
subtilly
,
or
falsly
,
cause
or
assent
to
bee
made
and
forged
,
any
false
Charter
,
Deed
,
or
Writing
,
to
the
intent
that
any
person
or
persons
shall
or
may
haue
or
clayme
any
estate
or
interest
,
for
terme
of
yeares
,
of
,
in
,
or
to
any
Mannours
,
Lands
,
Tenements
,
or
Hereditaments
(
not
beeing
Copihold
)
or
any
Annuitie
in
Fee
simple
,
Fee
tayle
,
for
terme
of
life
,
liues
,
or
yeares
:
Or
shall
,
as
is
aforesayd
,
forge
,
make
,
or
cause
or
assent
to
bee
made
or
forged
any
Obligation
,
or
Bill
obligatorie
,
or
any
Acquitance
,
Release
,
or
other
discharge
of
any
Debt
,
Account
,
Action
,
Suit
,
Demaund
,
or
other
thing
personall
:
Or
shall
pronounce
,
publish
,
or
giue
in
euidence
,
such
false
or
forged
Charter-Déed
,
Writing
,
Obligation
,
or
Bill
obligatorie
,
or
any
Acquitance
,
Release
,
or
discharge
,
as
true
,
knowing
the
same
to
bee
false
and
forged
,
and
shall
bee
thereof
conuict
by
any
of
the
wayes
or
meanes
aforesayde
:
Then
hee
shall
pay
to
the
partie
grieued
his
double
costs
and
dammages
,
to
bee
found
and
assessed
in
such
Court
where
the
sayde
conuiction
shall
bée
had
,
and
also
shall
bee
set
vpon
the
Pillorie
in
some
open
Market
Towne
,
or
other
open
place
,
and
there
haue
one
of
his
eares
cut
off
,
and
also
shall
suffer
imprisonment
by
the
space
of
one
whole
yere
,
without
baile
or
mainprise
.
Stat.
5.
El.
14
5
The
partie
and
parties
grieued
by
reason
of
any
the
offences
aforesaid
,
Seuerall
remedies
for
the
partie
grieued
.
shall
and
may
at
his
and
their
pleasure
haue
and
sue
his
action
of
forger
of
false
déedes
,
vpon
this
Statute
against
any
of
the
offendors
in
the
same
,
by
originall
writ
out
of
the
Chauncerie
,
and
shall
haue
like
Proces
vpon
the
same
,
as
in
cases
of
trespas
at
the
common
law
;
Or
may
at
his
pleasure
take
his
suite
against
any
such
offendors
in
any
the
premisses
by
Bill
in
the
Kinges
Bench
,
or
in
the
Exchequer
:
In
which
sutes
no
Essoine
,
Iniunction
,
or
Protection
shall
be
allowed
for
the
party
Defendant
.
Not
twice
impeached
for
one
offence
.
6
If
the
Defendant
shall
be
conuict
for
any
of
the
offences
aforesaid
,
St.
5.
Eli.
14.
according
to
the
order
and
forme
aboue
limited
,
and
shall
haue
receiued
thereupon
punishment
corporall
according
to
this
Act
,
then
he
shall
not
eftsoones
be
impeached
for
the
same
offence
.
The
plaintifs
release
shal
only
discharge
his
owne
remedy
.
7
Although
the
partie
or
parties
plaintife
in
any
such
Action
,
St.
5.
Eli.
14.
or
Bill
to
be
sued
as
is
aforesaid
,
shall
after
verdict
past
against
the
Defendant
,
or
Defendants
,
happen
to
release
or
discharge
the
iudgement
or
execution
vpon
the
same
,
or
otherwise
suffer
the
same
to
be
discontinued
:
yet
neuerthelesse
the
same
release
,
discharge
,
or
discontinuance
,
shall
extend
onely
to
discharge
such
costs
and
dammages
as
the
same
plaintife
should
haue
had
against
the
defendant
;
And
the
Iudges
before
whom
the
said
action
or
suite
shall
be
taken
,
shall
and
may
prrcéede
to
iudgement
of
and
vpon
the
residue
of
the
said
penalties
,
and
forfeitures
,
and
commaund
execution
vpon
the
same
,
the
saide
release
,
discontinuance
,
or
other
discharge
had
,
made
,
done
,
or
suffered
by
the
partie
plaintife
in
any
wise
notwithstanding
.
8
If
any
person
or
persons
being
hereafter
conuicted
,
St.
5.
Eli.
14.
or
condemned
of
any
of
the
offences
aforesaid
,
by
any
of
the
wayes
or
meanes
aboue
limited
,
shall
after
any
such
his
or
their
conuiction
or
condemnation
eftsoones
commit
or
perpetrate
any
of
the
said
offences
in
forme
aforesaide
:
The
punishment
for
the
second
offence
.
Then
euery
such
second
offence
or
offences
shall
be
adiudged
felony
,
and
the
parties
being
conuicted
or
attainted
according
to
the
lawes
of
this
Realme
,
shall
suffer
paines
of
death
,
losse
and
forfeiture
of
their
goods
,
cattels
,
lands
,
and
Tenements
,
as
in
cases
of
felony
by
the
common
lawes
of
this
Realme
ought
to
be
lost
or
forfeited
,
The
right
of
others
saued
.
without
hauing
any
aduantage
or
benefit
of
Clergie
or
Sanctuarie
:
Sauing
to
euery
person
and
persons
,
body
politique
and
corporate
,
their
heires
and
successors
(
other
than
the
said
offendors
,
and
such
as
claime
to
their
vses
)
all
such
rights
,
titles
,
interests
,
possessions
,
liberties
of
distresses
,
leases
,
rents
,
reuersions
,
offices
,
and
other
profits
and
aduantages
,
which
they
or
any
of
them
shall
haue
at
the
time
of
such
conuiction
,
or
attainder
,
of
,
in
,
or
to
any
the
lands
,
tenements
,
or
hereditaments
of
any
such
person
,
so
as
is
aforesaid
conuicted
or
attainted
,
or
at
any
time
before
,
in
as
large
&
ample
maner
,
to
all
intents
and
purposes
,
as
if
this
Act
had
neuer
bin
made
.
Prouided
alwayes
,
that
any
such
conuiction
or
attainder
of
felony
as
is
aforesaid
,
No
forfeiture
of
Dower
or
corruption
of
blood
.
or
any
forfeiture
by
reason
of
the
same
,
shall
not
in
any
wise
extend
to
take
away
the
dower
of
the
wife
of
any
such
person
attainted
,
nor
to
the
corruption
of
blood
,
or
disherison
of
any
the
heire
or
heires
of
any
such
person
or
persons
so
attainted
:
This
Act
or
any
thing
therein
contained
,
or
any
other
statute
,
law
,
or
custome
notwithstanding
.
9
All
and
euery
Iustices
of
Oire
and
Determiner
,
St.
5.
Eli.
14
and
Iustices
of
Assise
Iustices
of
Oire
and
Determiner
and
Iustices
of
Assise
.
in
their
circuits
,
and
euery
of
them
shall
haue
full
power
and
authoritie
in
euery
of
their
open
and
generall
Sessions
,
to
inquire
,
heare
,
and
determine
of
all
and
euery
of
the
offences
aforesaid
,
committed
or
done
within
the
limits
of
their
Commission
,
and
to
make
Processe
for
the
execution
of
the
same
,
as
they
may
do
against
any
person
beeing
indicted
before
them
of
Trespasse
,
or
lawfully
conuicted
thereof
.
Stat.
5.
El.
14
10
If
any
person
or
persons
whatsoeuer
hath
of
his
or
their
owne
head
,
Forging
of
deeds
before
the
statute
.
or
by
false
conspiracie
or
fraud
with
any
other
,
wittingly
,
subtilly
,
and
falsly
,
forged
or
made
,
or
shall
before
the
first
day
of
Iune
next
comming
,
forge
and
make
any
false
déed
,
charter
,
or
writing
sealed
,
or
the
will
of
any
person
in
writing
,
or
any
court
roll
,
to
the
intent
that
the
estate
of
Freehold
or
inheritance
,
or
the
right
,
title
,
or
interest
of
inheritance
or
freehold
of
any
persons
,
of
,
in
,
or
to
any
Mannors
,
lands
,
tenements
,
or
hereditaments
,
being
freehold
or
copihold
:
Or
that
by
any
such
forged
déed
,
charter
,
court
roll
,
or
writing
,
before
the
said
first
day
of
Iune
,
shall
or
may
be
molested
,
troubled
,
or
defeated
of
any
of
the
said
estates
of
any
lands
,
tenements
,
or
hereditaments
being
fréehold
or
Copihold
:
Or
if
any
person
or
persons
haue
heretofore
published
or
shewed
foorth
in
euidence
,
or
before
the
said
first
day
of
Iune
shall
publish
or
shew
in
euidence
,
for
the
proofe
of
any
title
,
any
false
and
forged
déed
,
charter
,
writing
,
will
,
or
Court
Roll
,
as
true
,
knowing
the
same
to
be
false
and
forged
as
aforesaid
,
to
the
intent
aboue
remembred
,
and
shall
be
thereof
attainted
or
conuicted
according
to
the
order
of
the
law
,
either
in
an
Action
of
forger
of
false
faits
,
or
in
an
Action
vpon
the
case
,
at
the
sute
of
the
party
grieued
,
his
heirs
,
executors
or
assignes
:
Then
the
party
so
conuicted
shall
yielde
and
pay
dammages
,
and
costs
of
sute
to
the
plaintife
,
as
shall
be
assessed
according
to
the
law
of
the
Realme
,
in
any
such
like
Action
or
sute
,
and
shall
suffer
imprisonment
,
and
pay
fine
and
ransome
at
the
pleasure
of
the
Quéene
,
her
heires
,
or
Successors
.
Pleading
a
forged
deed
made
before
the
statute
.
And
if
any
person
or
persons
shall
after
the
said
first
day
of
Iune
next
comming
,
pleade
,
publish
,
or
shew
foorth
in
euidence
,
or
otherwise
for
the
proofe
of
any
title
,
any
false
and
forged
déed
,
charter
,
writing
,
will
,
or
Court
Roll
heretofore
falsly
made
and
forged
,
or
to
be
falsly
made
and
forged
before
the
said
first
day
of
Iune
as
true
,
knowing
the
same
to
be
false
and
forged
,
to
the
intent
to
haue
or
claime
thereby
any
estate
of
inheritance
,
fréehold
,
or
lease
of
yeares
,
in
,
or
to
any
mannors
,
lands
,
tenements
,
or
hereditaments
,
or
any
annuitie
,
rent
,
or
profit
foorth
of
any
mannors
,
lands
,
tenements
,
or
hereditaments
:
Or
to
the
intent
to
alter
,
defeate
,
molest
,
trouble
,
charge
,
or
recouer
the
estate
of
inheritance
,
fréehold
,
or
lease
for
years
of
any
person
,
in
any
mannors
,
lands
,
tenements
,
rents
,
or
hereditaments
:
Then
euery
person
and
persons
that
so
shall
offend
,
and
shall
be
thereof
conuicted
in
forme
first
aboue
remembred
,
shall
pay
vnto
the
partie
grieued
double
costs
and
dammages
,
and
shall
haue
imprisonment
,
losse
of
Eares
,
slitting
and
searing
of
Nose
,
and
forfeiture
of
lands
in
the
same
maner
and
forme
as
aboue
is
limited
for
any
person
that
shall
offend
by
forging
or
publishing
of
any
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.
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
●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
land
be
seuerall
,
yet
their
possession
touching
the
profit
thereof
is
ioynt
.
And
this
Action
is
founded
vpon
the
possession
.
And
whereas
both
the
Statute
of
1.
H.
5.
and
5.
Eliz.
doe
ordaine
that
the
partie
and
parties
grieued
,
shall
and
may
at
his
and
their
pleasure
,
haue
and
sue
this
Action
of
forger
of
false
déedes
,
in
this
case
both
the
Ioyntenants
and
tenants
in
common
be
the
parties
grieued
,
for
that
their
land
is
molested
,
troubled
,
recouered
or
charged
by
this
forged
déed
.
Fitzh
.
Forger
.
5.
But
if
there
be
two
Ioyntenants
or
tenants
in
common
of
certaine
land
,
and
one
of
them
doth
forge
a
false
Release
,
or
other
Déede
,
whereby
the
whole
land
is
intended
to
be
conueied
to
himselfe
,
in
this
case
the
other
Ioyntenant
or
,
&c.
may
haue
an
Action
of
forger
of
false
déeds
against
his
said
ioyntenant
or
,
&c.
for
that
forged
and
false
déede
was
made
,
to
the
intent
that
the
right
or
title
of
the
forgers
companion
in
estate
should
be
molested
,
troubled
,
defeated
,
or
recouered
.
And
in
this
case
he
is
the
partie
grieued
,
to
whose
onely
disherison
the
said
forgery
doth
trench
.
21.
H.
6.
4.
21
In
an
Action
of
forger
of
false
déedes
,
One
sealeth
a
déed
by
an
others
commandement
.
the
Defendant
pleaded
that
the
Plaintife
being
seised
of
certaine
land
,
did
couenant
with
a
stranger
to
enfeoffe
him
of
the
same
land
,
whereupon
the
same
stranger
came
to
the
defendant
being
a
Clerk
,
and
requested
him
to
make
a
déed
of
feoffment
of
the
same
land
,
which
he
did
:
and
after
by
the
plaintifes
commaundement
he
sealed
the
same
déede
,
and
after
did
reade
the
déede
at
the
time
of
the
liuerie
and
seisin
,
which
is
the
same
forgerie
,
and
proclamation
:
and
that
was
adiudged
a
good
Plea
:
for
when
the
defendant
sealed
the
feoffement
by
the
plaintifes
commaundement
,
and
in
his
presence
,
it
was
the
plaintifes
owne
act
and
déede
,
and
his
owne
sealing
,
and
not
the
defendants
:
for
the
plaintife
did
vse
the
defendants
hand
but
as
his
instrument
therein
:
as
men
vnlearned
doe
vse
an
other
mans
hand
to
helpe
or
direct
them
,
to
subscribe
their
names
to
a
Deede
.
9.
H.
6.
26.
7.
H.
6.
34.
22
If
the
father
do
forge
a
déede
,
and
after
dieth
,
One
forgeth
and
another
doth
publish
.
and
then
his
sonne
doth
find
the
same
déede
,
and
doth
pronounce
,
publish
,
or
shew
forth
in
euidence
the
same
déede
,
knowing
the
same
to
be
false
and
forged
,
to
the
intent
the
estate
of
fréehold
or
inheritance
of
any
person
of
,
in
,
or
to
any
lands
,
&c.
should
be
molested
,
troubled
,
defeated
,
or
recouered
:
this
is
forgerie
in
the
sonne
,
and
he
shall
be
punished
according
to
the
foresaid
Stat.
of
5.
El.
And
the
same
law
is
if
one
man
do
forge
a
déed
,
or
&c.
and
an
other
man
knowing
thereof
shall
publish
it
,
to
any
of
the
intents
aforesaid
:
this
is
forgerie
prohibited
by
the
same
statute
:
for
the
same
stat.
of
5.
Eliz.
is
in
the
disiunctiue
,
viz.
if
any
person
shall
forge
or
publish
.
Forgerie
by
antedating
of
a
deed
23
If
a
man
doe
make
a
feoffement
to
one
person
of
certaine
land
,
27.
H.
6.
3.
and
doth
deliuer
possession
therof
accordingly
,
and
after
he
doth
make
a
feoffement
to
another
person
of
the
same
land
,
bearing
date
before
the
first
feoffement
,
but
doth
not
deliuer
it
,
this
last
feoffement
is
not
the
feoffors
déed
:
But
yet
if
hée
do
publish
it
to
be
his
déed
,
the
first
feoffée
may
haue
an
action
of
forger
of
false
déeds
against
him
:
for
when
he
had
made
the
first
feoffement
of
the
land
,
hée
then
had
nothing
left
in
him
of
the
same
land
.
And
therefore
when
hée
made
the
second
antedated
déed
of
that
land
,
it
was
a
false
and
forged
déed
,
and
then
after
publishing
,
pronouncing
,
or
shewing
it
forth
to
be
his
déed
,
it
was
with
intent
to
molest
,
trouble
,
defeat
,
recouer
,
or
charge
the
land
of
the
first
and
lawfull
feoffée
,
and
so
he
is
punishable
according
to
the
foresaid
stat.
of
5.
El.
as
hée
was
before
by
the
stat.
of
1.
H.
5.
24
Though
the
foresaid
two
statutes
of
1.
H.
5.
and
5.
Eliz.
were
ordained
to
punish
those
who
should
forge
any
false
déed
,
or
&c.
to
the
intent
,
to
molest
,
trouble
,
charge
,
or
recouer
the
right
or
title
of
any
person
in
his
lands
,
tenements
,
or
hereditaments
,
or
to
the
intent
that
any
person
should
claime
any
lease
for
yeares
,
or
annuitie
,
or
should
forge
any
Obligation
,
Bill
obligatorie
,
Release
,
Acquitance
,
or
other
discharge
of
any
debt
,
account
,
action
suit
,
demaund
,
or
other
thing
personall
:
yet
was
there
no
prouision
in
either
of
them
to
punish
those
who
should
get
into
their
hands
any
money
,
goods
,
cattels
,
iewels
,
or
things
of
any
other
persons
,
by
colour
of
a
false
token
,
or
forged
or
counterfeit
letter
:
for
the
redresse
whereof
by
a
statute
made
anno
33.
H.
8.
St.
33.
H.
8.
1
it
was
enacted
,
That
if
any
person
or
persons
,
of
what
estate
or
degrée
soeuer
hee
or
they
be
,
Getting
of
other
mens
goods
by
counterfeit
tokens
or
letters
.
shall
falsely
and
deceitfully
obtaine
or
get
into
his
or
their
hands
or
possession
,
any
money
,
goods
,
cattels
,
iewels
,
or
other
things
,
of
any
other
person
or
persons
,
by
colour
or
means
of
any
false
token
,
or
counterfeit
letter
,
made
in
another
mans
name
,
that
then
euerie
such
person
&
persons
so
offending
,
&
being
thereof
lawfully
conuict
by
witnesses
taken
before
the
L.
Chauncelor
of
England
for
the
time
being
,
or
by
examination
of
witnesses
,
or
confession
taken
in
the
Star
chamber
before
the
K.
honorable
Counsel
,
or
before
the
Iust.
of
Assise
in
their
circuits
for
the
time
being
,
or
before
the
Iust.
of
peace
within
any
part
of
the
K.
dominions
,
in
their
generall
Sessions
,
or
by
action
in
any
of
the
K.
courts
of
record
,
shal
haue
&
suffer
such
correction
,
&
punishment
by
imprisonment
of
his
body
,
setting
vpon
the
pillorie
or
otherwise
,
by
any
corporal
pain
(
except
pain
of
death
)
as
shal
be
vnto
him
or
them
limited
,
adiudged
,
or
appointed
by
the
person
and
persons
before
whom
he
shal
be
so
conuicted
of
the
said
offences
,
or
any
of
them
.
Suspected
persons
called
before
the
Iustices
.
25
As
wel
the
Iust.
of
Assise
for
the
time
being
,
as
also
ij
.
St.
33.
H.
8.
1
Iust.
of
peace
in
euerie
countie
,
whereof
one
to
be
of
the
Quorum
,
shal
haue
power
&
authoritie
,
to
call
and
conuent
by
proces
,
&
otherwise
,
to
the
said
Assises
or
generall
sessions
any
person
or
persons
,
being
suspected
of
any
of
the
aforesaid
offences
,
&
to
commit
him
or
them
toward
,
or
to
let
him
or
them
to
baile
vntil
the
next
Assises
or
general
sessions
,
there
to
be
examined
,
and
further
to
be
ordered
by
their
discretions
,
as
is
abouesayd
:
Prouided
alwayes
,
that
the
Iustices
of
peace
within
euerie
Citie
,
Borough
,
Towne
,
and
Franchise
within
this
Realme
,
or
other
the
kings
dominions
,
shall
haue
like
iurisdiction
,
power
and
authoritie
,
at
their
generall
Sessions
,
and
otherwise
,
to
do
and
execute
all
and
euerie
thing
and
things
in
all
points
,
as
other
Iustices
of
Assise
in
their
circuits
,
or
Iustices
of
peace
in
the
Counties
,
by
vertue
of
this
Act
be
limited
and
appointed
to
do
and
execute
for
the
punishment
and
correction
of
like
offendors
,
as
beforesaid
is
limited
.
Sauing
to
the
partie
grieued
by
such
deceit
,
such
remedie
,
by
way
of
action
,
The
remedie
of
the
partie
grieued
.
or
otherwise
,
of
&
for
the
same
money
,
goods
,
cattels
,
iewels
,
or
other
things
so
obtained
,
as
he
might
haue
had
,
if
this
Act
had
neuer
bin
made
.
Any
thing
in
this
Act
&c.
notwithstanding
.
26
Forgerie
of
writings
hath
béene
alwayes
so
hatefull
in
this
realme
,
that
our
law-makers
haue
pursued
the
practisers
therof
with
sharpe
and
bitter
punishment
,
though
in
some
cases
the
same
was
not
put
in
vse
to
molest
or
euict
any
man
of
his
land
,
lease
,
annuitie
,
debt
,
account
,
action
,
suit
,
or
other
demaund
,
nor
to
get
into
his
hands
any
others
goods
,
cattels
,
or
iewels
,
but
only
to
escape
the
ordinance
and
censure
of
the
law
:
As
,
by
a
statute
made
anno
5.
Eliz.
it
is
established
,
St.
5.
El.
7.
That
no
person
retained
in
husbandry
,
or
in
certain
inferior
arts
or
faculties
(
in
the
said
statute
mentioned
)
shal
depart
out
of
one
citie
,
towne
,
or
parish
,
into
another
,
nor
out
of
the
Lathe
,
Rape
,
Wapentake
,
or
Hundred
,
nor
out
of
the
County
or
Shire
where
he
last
serued
,
to
serue
in
another
Citie
,
Towne
,
Forging
of
a
testimoniall
.
&c.
vnlesse
he
haue
a
Testimoniall
of
the
said
Citie
or
town
corporat
from
whence
he
departed
,
or
of
the
Constable
or
other
officer
,
&c.
And
if
any
such
person
shall
be
taken
with
any
counterfeit
or
forged
testimoniall
,
then
he
shal
be
whipped
as
a
vagabond
.
❧
Periurie
,
Subornation
of
witnesses
.
Truth
tried
by
the
othes
of
men
.
1
THe
Law
of
the
Realme
desirous
to
trie
out
truth
in
all
causes
called
in
question
before
her
,
to
the
end
she
might
procéed
in
iudgement
,
and
execute
iustice
accordingly
,
hath
in
all
ages
prooued
it
to
bee
the
best
meanes
to
search
out
this
truth
by
the
othes
of
honest
,
lawful
,
and
indifferent
persons
:
intending
that
the
man
who
doth
professe
God
to
bee
his
Creator
,
Redéemer
,
and
Sanctifier
,
and
hopeth
to
be
saued
by
his
blood
,
when
hee
doth
come
in
the
presence
of
that
God
,
and
his
people
,
and
doth
aduisely
sweare
,
that
he
will
declare
the
trueth
,
according
to
his
knowledge
,
in
that
matter
in
question
,
as
God
shall
help
him
:
(
which
is
to
say
,
as
he
will
expect
the
blessing
of
God
in
this
life
,
and
eternall
saluation
in
the
life
to
come
)
is
void
of
all
partialitie
and
priuat
affection
,
in
all
respects
to
be
credited
,
and
will
tell
the
whole
truth
,
and
nothing
but
the
truth
.
And
therefore
an
othe
is
aptly
termed
Sacramentum
,
a
holy
band
,
or
sacred
tie
,
or
godly
vow
:
The
credit
of
an
othe
.
some
do
call
it
firmamentum
veritatis
,
the
foundation
&
ground
of
truth
;
and
some
other
,
vinculum
pacis
,
a
meane
of
the
knot
or
lincke
of
peace
.
And
if
it
be
taken
and
found
by
a
whole
Iurie
,
consisting
vpon
twelue
persons
or
aboue
,
it
is
called
veredictum
,
viz.
a
presentment
of
truth
.
And
others
doe
hold
it
a
ceremonie
instituted
by
God
,
wherein
himselfe
is
a
partie
,
and
therefore
he
will
see
it
verified
,
or
sharply
punished
.
Wée
know
,
that
the
proofe
of
most
of
our
acts
,
déeds
,
and
writings
,
doe
depend
vpon
the
othes
of
others
,
and
whatsoeuer
men
do
for
their
owne
particular
account
most
certaine
,
is
altogether
in
most
cases
vncertaine
,
vnlesse
it
may
be
iustified
by
the
othes
of
others
.
As
if
one
doe
commit
murder
,
rape
,
burglarie
,
robberie
,
or
other
offence
whatsoeuer
,
and
it
be
denied
and
cannot
be
prooued
by
the
othe
of
some
other
,
the
offendor
shall
escape
vnpunished
for
it
.
And
likewise
if
a
man
do
buy
land
of
another
,
if
the
feoffor
doe
make
him
a
déed
of
feoffement
thereof
,
do
seale
and
deliuer
it
,
and
giue
him
possession
,
and
after
will
denie
it
,
vnlesse
it
can
be
prooued
by
the
othe
of
some
other
,
the
feoffée
shall
loose
his
land
and
money
.
And
so
it
is
of
leases
,
annuities
,
releases
,
acquitances
,
obligations
,
bargaines
,
contracts
,
couenants
,
promises
,
offences
,
entries
,
disseisins
,
and
other
matters
in
fait
,
if
they
be
denied
,
trauersed
,
and
called
in
question
,
the
proof
and
validitie
of
them
doth
depend
wholly
vpon
the
othes
and
testimonie
of
others
.
And
there
is
no
case
so
plaine
,
which
commeth
in
question
betweene
partie
and
partie
,
but
one
of
the
parties
to
the
sute
may
pleade
such
a
plea
as
shall
come
to
be
tried
by
the
othes
of
others
.
2
Therefore
as
the
Lawe
doth
reuerently
respect
the
othes
of
men
,
What
sorts
of
persons
are
to
be
deposed
.
taketh
her
intelligence
of
matters
in
fait
from
them
,
doth
cleaue
&
leane
vnto
them
,
and
giueth
such
credite
and
approbation
vnto
them
,
that
shée
doth
found
and
build
her
iudgements
in
most
cases
of
greatest
importance
vpon
them
:
So
shée
retaineth
a
vigilant
and
carefull
eye
,
that
those
othes
be
taken
by
men
of
sinceritie
of
life
,
and
maturitie
of
iudgement
,
persons
not
stained
with
Periurie
,
or
other
gréeuous
or
foule
offences
,
men
indifferently
affected
,
and
such
as
will
in
swearing
respect
the
trueth
of
their
knowledge
,
and
not
the
face
of
the
person
:
for
if
shée
espie
any
of
those
defects
in
him
,
she
doth
either
wholly
reiect
his
othe
,
or
else
shée
giueth
little
or
no
credite
vnto
it
,
and
further
inflicteth
condigne
punishment
vpon
him
,
according
to
his
desert
.
Mag.
Char.
9.
H.
3.
29.
3
And
because
the
King
himselfe
at
his
Coronation
is
sworne
,
that
iustice
shall
be
solde
,
deferred
,
or
denied
to
no
man
:
nor
that
any
man
shall
be
condemned
but
by
lawfull
triall
:
and
euery
of
his
Iudges
be
sworne
,
that
hée
shall
doe
equall
Lawe
and
execution
of
iustice
to
all
the
Kings
Subiects
,
Sta.
18.
Ed.
3
rich
and
poore
,
without
hauing
regard
to
any
person
:
All
the
parties
to
the
execution
of
iustice
sworne
.
Therefore
the
law
hath
deuised
that
those
Iudges
before
whome
any
cause
is
called
in
question
,
and
is
brought
to
an
issue
,
shall
be
informed
of
the
trueth
of
that
issue
,
by
the
othes
and
verdict
of
twelue
Iurors
,
who
are
impannelled
,
returned
,
and
sworne
to
trie
that
issue
,
to
the
end
the
same
Iudges
may
ground
their
iudgement
thereupon
,
and
so
doe
equall
iustice
to
the
parties
,
according
to
their
oathes
:
and
also
that
the
saide
Iurors
shall
be
ascertained
of
the
veritie
of
the
fact
,
by
the
Othes
of
witnesses
,
or
other
euidences
,
that
they
may
giue
their
verdict
thereupon
,
according
to
their
Othes
.
And
séeing
those
Iurors
being
the
greatest
number
of
persons
that
be
vsually
sworne
,
for
the
furtherance
and
execution
of
iustice
,
be
returned
by
the
Shiriffe
of
the
Countie
where
the
cause
dependeth
in
question
,
his
vndershirife
,
or
the
Bailife
of
some
Libertie
,
or
for
some
default
in
them
,
by
the
Coroners
:
Therefore
the
Lawe
hath
further
ordained
,
that
the
saide
Shiriffe
,
Vndershiriffe
,
or
&c.
shall
be
indifferent
persons
of
themselues
,
and
also
deale
vprightly
in
returning
of
those
Iurors
,
lest
by
their
partialitie
,
Truth
may
be
concealed
,
Periurie
committed
,
and
so
iustice
subuerted
.
Fitz.
Challenge
.
113.
7.
Ed.
4.
56.
33.
Ass.
p.
12
12.
Ass
pl.
1.
26.
Ass.
p.
56
12.
Ass.
p.
36.
44.
Ass.
p.
18
Plo.
Com.
fol.
425.
29.
Ass.
p.
2.
28.
Ass.
p.
22
7.
H.
4.
10.
Fitz.
Challeng
.
94.
99.
8.
H.
5.
5.
20.
H.
6.
39.
11.
H.
4.
26.
38.
H.
6.
6.
24.
Edw.
37.
And
for
that
cause
the
prouidence
of
the
Lawe
doth
not
allow
that
Shiriffe
,
Vndershiriffe
,
Bailiffe
of
Franchise
,
Coroner
,
Causes
of
suspition
in
Shiriffes
in
impannelling
of
Iuries
.
or
other
person
as
indifferent
,
or
méete
to
impannell
a
Iurie
,
who
is
a
partie
to
the
sute
or
matter
in
question
:
or
who
doth
maintaine
either
of
the
parties
plaintife
,
or
defendant
in
the
same
sute
:
or
is
of
councell
with
either
of
them
in
that
sute
then
in
issue
:
Nor
who
is
within
the
distresse
,
receiueth
the
yéerely
fée
,
or
weareth
the
liuerie
or
robe
of
any
of
the
parties
to
that
sute
:
Nor
who
is
of
kinred
by
nature
,
or
of
affinitie
by
marriage
,
to
any
of
the
parties
to
that
sute
:
Nor
who
doth
returne
that
Enquest
,
or
any
of
the
Iurors
therein
,
at
the
denomination
,
or
by
the
procurement
of
any
of
the
parties
to
the
same
sute
,
or
of
any
other
person
whatsoeuer
:
Nor
who
doth
impannell
that
Enquest
,
or
any
of
the
Iurors
therein
,
for
the
fauour
which
he
doth
beare
more
to
the
one
partie
than
to
the
other
:
Nor
who
was
an
Arbitrator
in
that
cause
in
question
,
and
to
be
in
triall
,
and
did
treate
and
conferre
of
the
same
:
Nor
who
is
then
in
sute
of
lawe
with
either
of
the
parties
to
this
question
or
triall
,
for
any
matter
of
trespasse
,
malice
,
or
euill
will
:
Nor
who
did
baptize
the
childe
of
any
of
the
parties
to
this
sute
and
triall
,
4.
Ed.
4.
11.
or
any
of
the
parties
to
the
same
sute
did
baptize
his
childe
.
All
which
the
Lawe
doth
suspect
as
causes
of
fauor
and
affection
in
the
Shiriffe
,
his
Vndershiriffe
,
&c.
and
to
be
moouers
,
fauourers
or
consentors
to
Periurie
,
and
therefore
vpon
challenge
of
the
Array
so
being
impannelled
,
and
the
same
prooued
,
the
whole
Array
shal
be
quashed
.
4
As
the
Lawe
hath
great
care
that
Shiriffes
,
Vndershiriffes
,
Bayliffes
of
Liberties
,
Coroners
,
and
all
others
hauing
authoritie
to
returne
enquests
should
therein
be
voide
of
all
partialitie
,
or
presumption
or
cause
thereof
,
to
the
intent
that
a
gappe
should
not
be
left
open
by
their
meanes
,
to
those
that
be
willing
to
enter
into
corruption
of
conscience
,
and
so
to
commit
Periurie
:
In
like
sort
hath
shée
vigilantly
foreséene
,
that
those
Iurors
which
be
returned
by
the
said
Shirifes
,
&c.
may
be
so
sifted
,
tried
,
and
examined
,
that
they
may
be
found
in
all
respects
Probi
&
legales
homines
,
Euery
Iuror
must
be
an
honest
and
lawfull
man
.
viz.
honest
,
vpright
,
33.
H.
6.
55.
26.
Ass.
p.
28
14
H.
4.
19.
9.
Ed.
4.
16.
11.
H.
4.
4.
and
lawfull
men
in
the
eie
and
iudgement
of
the
Lawe
,
and
that
none
of
them
be
an
Alien
,
a
villaine
,
or
outlawe
,
an
excommunicate
person
,
and
thereby
not
legalis
homo
,
nor
conuicted
in
a
Writ
of
Conspiracie
,
or
an
Attaint
,
and
by
that
meanes
not
probus
homo
,
and
so
to
be
challenged
in
euery
cause
,
and
by
euery
person
:
and
further
,
that
they
may
be
prooued
to
bee
men
of
indifferencie
,
and
voide
of
all
partialitie
,
and
such
as
will
wholy
respect
the
trueth
of
the
cause
in
question
,
and
in
their
verdict
nothing
regarde
any
that
is
partie
thereunto
.
And
therefore
if
there
be
any
lawfull
cause
to
feare
particular
fauour
and
affection
in
any
of
the
Iurors
,
and
that
hée
will
rather
incline
to
Periurie
,
than
giue
eare
to
the
trueth
of
the
cause
,
the
Lawe
doth
allow
to
the
partie
grieued
,
Challenges
of
Iurors
suspected
.
or
suspecting
the
same
,
seuerall
Challenges
to
the
same
Iuror
,
and
thereby
to
haue
him
drawne
and
remooued
out
of
that
Enquest
.
A
witnesse
.
5
As
if
a
man
be
a
witnes
in
a
cause
in
question
,
he
can
not
be
a
Iuror
in
the
same
cause
,
for
the
witnes
doth
testifie
vpon
his
certaine
knowledge
,
23.
Ass.
p.
11
12.
Ass.
p.
12
11.
Ass.
p.
19
and
the
Iurors
of
an
Enquest
must
giue
their
verdict
according
to
their
euidence
.
And
besides
,
he
that
produceth
a
witnesse
,
expecteth
at
his
hand
a
fauourable
deliuery
of
his
euidence
,
or
otherwise
he
would
not
produce
him
,
which
fauor
euery
Iuror
must
be
wholy
voide
of
,
if
he
will
auoide
Periurie
.
Periurie
suspected
by
deliuering
his
verdict
before
hand
.
6
If
a
Iuror
after
he
is
returned
,
and
before
he
is
sworne
,
20.
H.
6.
39.
8.
Ed.
3.
69.
will
say
that
he
will
passe
for
the
plaintife
,
or
defendant
,
and
doth
speake
it
for
the
fauour
which
he
beareth
to
the
one
partie
,
or
the
hatred
which
he
hath
to
the
other
,
(
and
not
in
respect
of
his
owne
knowledge
of
the
trueth
of
the
cause
)
the
Law
doth
feare
periurie
in
him
,
and
therefore
shée
will
remooue
him
out
of
that
enquest
,
if
he
be
challenged
therefore
.
Periury
suspected
by
lying
at
the
charge
of
one
of
the
parties
.
7
If
one
that
is
impannelled
of
a
Iurie
doth
goe
to
the
Assises
with
one
of
the
parties
to
the
issue
,
and
doth
eate
and
drinke
with
him
at
his
charges
,
8.
Ed.
3.
69
13.
H.
4.
13.
Fitz.
Challenge
.
177.
the
Law
doth
suspect
the
same
Iuror
of
partialitie
,
and
so
of
inclination
to
Periurie
,
in
recompence
of
that
kindnes
receiued
,
and
therefore
she
will
remooue
him
out
of
that
Enquest
if
he
be
challenged
therefore
.
20.
H.
6.
39.
9.
Ed.
4.
46.
7.
H.
7.
18.
8
If
two
men
be
in
question
for
any
cause
,
Periurie
suspectcted
by
an
Arbitrator
in
the
cause
in
question
.
and
then
do
refer
the
matter
in
debate
to
be
heard
&
ended
by
two
Arbitrators
,
whereof
the
one
doth
make
choice
of
one
Arbitrator
,
and
the
other
of
an
other
,
which
Arbitrators
doe
méete
together
,
and
confer
of
the
cause
,
but
do
not
agrée
,
whereupon
the
party
grieued
doth
prosecute
the
said
suit
to
an
issue
,
and
one
of
the
same
Arbitrators
is
returned
of
that
Enquest
,
the
law
doth
suspect
the
same
Iuror
of
partialitie
,
and
so
of
inclination
to
Periurie
,
and
therfore
she
will
remoue
him
out
of
that
Enquest
,
if
he
be
challenged
therefore
;
for
when
he
was
chosen
by
one
of
the
parties
alone
,
this
election
maketh
him
in
a
sort
of
councel
with
him
that
did
choose
him
,
and
so
fauorable
vnto
him
,
but
if
he
had
bin
chosen
by
the
consent
of
both
the
parties
together
,
3
H.
6.
25.
the
law
would
haue
made
other
construction
of
him
,
and
adiudged
him
indifferent
.
34.
Ass.
p.
6.
9
If
two
men
do
combine
themselues
by
Oath
,
bond
,
couenant
,
or
faithfull
&
aduised
promise
,
that
one
of
them
will
take
an
others
part
,
be
his
friend
,
and
assist
him
in
all
causes
whatsoeuer
:
And
after
there
is
a
sute
commenced
betwéene
one
of
those
parties
&
a
straunger
,
and
they
come
to
issue
,
&
the
other
partie
who
made
the
same
combination
is
returned
vpon
the
Enquest
to
trie
the
matter
in
issue
betwéene
his
companion
and
that
stranger
,
Periurie
suspected
by
combination
.
the
law
doth
suspect
him
of
fauor
and
periurie
,
&
so
will
reiect
him
,
if
he
be
challenged
therefore
,
for
she
doth
feare
that
his
old
friendship
&
former
league
with
the
party
to
that
issue
hath
suncke
déeply
into
his
brest
,
and
will
further
preuaile
with
him
,
then
the
truth
of
a
straungers
case
to
be
presently
examined
and
tried
will
doe
,
be
it
neuer
so
apparant
.
Fitz.
Chal.
106.
10
If
two
men
be
at
controuersie
,
and
in
sute
of
law
,
Periury
suspected
if
one
of
the
parties
&
a
Iuror
be
at
sute
in
law
.
and
depending
that
sute
;
there
is
an
other
controuersie
,
and
sute
in
law
commenced
betwéene
one
of
those
parties
&
a
stranger
,
8.
H.
5.
11.
and
they
discend
to
an
issue
,
and
the
other
party
to
the
first
sute
is
returned
one
of
that
Enquest
:
In
this
case
the
law
doth
suspect
him
of
malice
,
and
will
remoue
him
out
of
that
enquest
,
if
he
be
challenged
therefore
by
his
former
aduersarie
:
for
she
doth
feare
that
the
grudge
which
he
hath
conceiued
in
his
hart
against
his
aduersarie
vpon
the
first
sute
,
will
moue
him
to
reuenge
,
which
is
one
of
the
grounds
and
causes
of
periurie
.
8.
H.
4.
3.
27.
Ass.
p.
13
11
If
two
persons
or
more
doe
conspire
and
agrée
betwéen
themselues
to
indite
an
other
of
felonie
,
and
accordingly
they
doe
procure
him
to
be
indited
of
the
same
felony
,
of
which
felony
vpon
his
arraignement
he
is
acquit
;
if
the
partie
indited
doe
bring
a
writ
of
conspiracie
against
the
said
conspirators
,
and
they
doe
come
to
an
issue
to
be
tried
by
a
Iury
,
Periury
suspected
for
that
the
Iuror
passed
against
him
before
.
if
any
of
those
who
were
the
Inditors
of
the
same
person
be
returned
vpon
the
enquest
to
trie
the
conspiracie
,
the
law
will
suspect
him
of
partialitie
,
and
not
admit
him
to
be
sworn
to
try
the
conspiracie
,
for
feare
of
periurie
:
for
she
conceiueth
that
he
will
doe
his
indeuor
to
iustifie
and
maintaine
that
which
before
he
had
found
vpon
the
inditement
,
though
it
be
false
,
for
the
sauing
of
his
owne
credit
.
And
the
like
law
is
,
if
a
man
be
one
of
those
who
doe
indite
an
other
of
felonie
;
and
after
when
the
partie
indited
hath
pleaded
not
guilty
,
and
doth
submit
himselfe
to
be
tried
by
the
Country
,
7.
E.
4.
4.
12.
Ass.
p.
36
the
same
Inditor
is
returned
vpon
the
enquest
,
to
trie
innocencie
or
guilt
of
the
man
,
vpon
the
challenge
of
him
by
the
partie
indited
,
he
shall
be
remoued
:
for
the
law
will
suspect
him
of
periury
,
and
that
he
will
rather
respect
his
owne
credit
,
and
iustifie
his
former
oth
and
the
inditement
to
be
true
,
then
regard
his
euidence
the
life
of
the
man
arraigned
,
and
the
truth
of
the
case
in
triall
.
And
it
is
specially
prouided
by
the
Statute
of
Ann
25.
Ed.
3.
St.
25.
E.
3.
3
That
no
Inditor
shall
be
put
in
Enquests
vpon
the
deliueraunce
of
the
Inditées
,
if
hée
be
challenged
for
the
same
cause
by
him
which
is
indited
.
Periurie
suspected
in
respect
of
Subiection
or
gouernment
.
12
And
the
Lawe
doth
suspect
one
that
is
returned
of
a
Iurie
of
partialitie
and
fauour
,
who
is
within
the
distresse
of
either
of
the
parties
to
that
sute
,
Fitz.
Challenge
.
19.
27.
46.
61.
4.
H.
6.
25.
44.
Ed.
3.
5.
or
that
is
within
the
Iurisdiction
of
the
Court
Hundred
,
or
Court
Leete
of
the
plaintife
or
defendant
,
or
of
any
other
,
in
whose
right
,
to
whose
vse
,
or
,
by
whose
commaundement
either
of
them
do
claime
:
for
if
he
hath
any
land
in
his
owne
right
,
or
his
wiues
,
or
that
any
other
is
seised
to
the
vse
of
him
or
his
wife
of
any
land
whereof
he
taketh
the
profit
,
38.
Ed.
3.
25
which
is
holden
mediately
or
immediately
of
either
of
the
parties
to
that
sute
,
the
Lawe
dooth
suspect
him
of
Periurie
,
and
being
challenged
therefore
,
hee
shall
be
drawen
,
and
not
sworne
of
that
Enquest
.
22.
Ed.
4.
1.
And
so
it
is
if
any
of
the
persons
returned
to
be
of
a
Iurie
be
seruant
to
either
of
the
parties
to
that
Issue
,
the
Lawe
doth
suspect
him
of
Periurie
,
for
that
hée
is
at
the
commaundement
,
and
vnder
the
correction
of
his
Master
,
and
therefore
being
challenged
,
hée
shall
be
drawen
out
of
that
Iurie
.
And
the
like
Lawe
is
if
either
of
the
parties
to
the
sute
,
2.
H.
4.
13.
be
seruant
to
any
of
the
Iury
,
and
that
Iuror
be
challenged
therefore
,
hée
shall
not
be
sworne
for
feare
of
Periurie
,
which
hée
may
commit
for
his
seruants
benefit
.
Periurie
suspected
in
respect
of
kinred
,
aliance
,
or
profite
.
13
The
Lawe
doth
also
perceiue
,
8.
H.
6.
15.
7.
H.
6.
40.
that
Nature
and
priuate
profite
be
oft
times
speciall
motions
to
Partialitie
,
Fauour
,
and
Periurie
.
As
if
any
person
be
returned
of
a
Iury
,
who
is
néere
of
kinred
or
affinitie
to
either
of
the
parties
to
that
sute
,
or
to
his
wife
,
viz.
within
the
degrées
of
Marriage
,
and
specially
,
if
the
same
Iuror
may
by
any
presumption
,
or
likeliehoode
,
after
take
benefit
of
the
thing
in
question
:
Or
if
either
of
the
parties
to
that
Issue
,
may
be
heire
to
the
Iuror
,
or
the
Iuror
or
his
heire
be
heire
to
the
said
partie
:
then
the
Lawe
vpon
Challenge
doth
reiect
that
Iuror
for
feare
of
Periurie
.
But
if
the
kinred
or
aliance
betwéene
the
partie
to
that
sute
,
40.
Ass.
p.
20.
and
the
Iuror
be
farre
off
,
and
many
degrées
asunder
:
Or
that
one
be
a
kinsman
on
the
fathers
side
,
and
the
other
of
the
mothers
side
,
or
one
be
a
kinsman
to
the
other
of
the
halfe
blood
,
or
a
Bastard
,
or
otherwise
,
Fitz.
Challenge
.
102.
in
such
sort
that
the
land
of
the
one
can
not
by
the
course
of
inheritance
,
and
the
rules
of
the
Lawe
discend
to
the
other
:
Or
if
the
alliance
be
such
,
that
the
sonne
of
the
one
hath
married
the
daughter
of
the
other
,
and
not
betwéene
themselues
:
3.
Ed.
4.
12.
then
the
Lawe
doth
not
feare
Periurie
in
the
same
Iuror
,
but
hee
may
be
sworne
to
trie
that
Issue
.
And
if
there
be
a
sute
commenced
betwéene
a
Corporation
and
a
priuate
person
,
and
that
doth
come
to
be
tried
by
a
Iurie
,
if
any
of
the
same
Iurie
be
neare
of
kinred
,
or
alliance
to
any
person
of
that
Corporation
,
34.
Aff.
p.
6.
7.
Ed.
4.
4.
or
to
any
principall
Officer
of
that
Corporation
,
the
Lawe
doth
suspect
him
of
Periurie
therefore
,
and
if
hée
be
challenged
for
that
cause
,
hée
shall
be
drawen
out
of
that
Enquest
.
2.
H.
4.
15.
10.
H.
6.
24.
The
Lawe
doth
account
it
a
kinde
of
affinitie
,
One
godfather
to
the
others
child
.
if
one
of
the
parties
to
the
sute
haue
baptized
,
and
béene
godfather
to
a
childe
of
one
of
the
Iurors
,
and
that
the
Iuror
in
respect
thereof
doth
beare
an
extraordinarie
affection
,
and
is
to
make
a
recompence
to
the
same
partie
,
and
that
therefore
in
this
triall
hée
will
fauour
him
,
and
be
a
meane
of
Periurie
:
and
therefore
if
the
Iuror
be
challenged
for
that
cause
,
he
shall
be
drawen
:
And
some
doe
affirme
the
same
cause
of
challenge
and
feare
of
Periurie
to
be
,
7.
H.
6.
40.
19.
H.
6.
66.
if
a
Iuror
hath
béene
godfather
to
either
of
the
parties
to
that
triall
,
or
to
any
childe
of
his
.
14
The
Lawe
expecting
to
be
satisfied
per
Veredictum
Iuratorum
of
the
trueth
of
such
causes
as
doe
come
to
an
issue
,
dooth
carefully
foresée
,
that
those
Iurors
who
are
to
deliuer
the
trueth
by
their
verdict
,
Periurie
suspected
in
respect
of
ignorance
of
the
cause
.
should
either
before
the
time
of
the
triall
vpon
their
owne
priuate
knowledge
,
or
by
their
Euidence
at
the
time
of
the
triall
,
be
certainely
informed
of
that
trueth
of
the
thing
in
question
,
lest
by
ignorance
,
mistaking
falshoode
for
trueth
,
they
should
slide
into
Periurie
.
And
because
those
that
be
dwelling
,
or
haue
some
land
,
where
the
land
,
lease
,
or
thing
in
question
doth
lie
,
are
more
likely
to
haue
intelligence
of
the
trueth
of
the
cause
in
question
,
both
to
satisfie
themselues
,
and
informe
their
Companions
,
than
other
strangers
of
the
same
Countie
are
,
who
dwell
farre
off
,
the
Lawe
hath
ordained
by
the
Statute
of
Anno
27.
Elizab.
That
there
shall
be
sixe
sufficient
Hundredors
impannelled
vppon
euery
Issue
ioyned
,
which
is
to
be
tried
in
any
of
the
Courts
of
the
Kings
Bench
,
Stt.
27.
El.
6.
Common
Pleas
,
and
the
Exchequer
,
Want
of
Hundredors
.
or
before
the
Iustices
of
Assise
,
in
all
cases
where
euerie
Iuror
by
the
auncient
lawes
of
this
Realme
ought
to
haue
fortie
shillings
of
fréeholde
at
the
least
.
And
that
at
,
or
vppon
the
triall
of
any
personall
action
,
there
shall
two
sufficient
Hundredors
at
the
least
appeare
.
And
for
that
cause
,
if
in
those
cases
there
be
not
so
many
Hundredors
at
the
least
,
the
Lawe
doth
conceiue
,
they
be
ignorant
of
the
truth
of
the
Issue
in
triall
.
And
to
that
end
for
the
auoiding
of
Periurie
,
she
will
reiect
the
whole
Iurie
,
if
they
be
challenged
.
And
so
it
is
in
an
Assise
,
where
the
plaintife
is
to
be
put
in
possession
per
Visum
Iuratorum
(
if
he
recouer
)
or
in
any
action
where
the
Iurie
is
to
haue
the
view
of
the
land
in
question
;
8.
Ed.
3.
69.
Fitz.
Chall.
102.
169.
if
the
same
Iurors
,
Want
of
the
view
.
or
some
of
them
had
not
the
view
of
the
land
in
question
,
nor
did
know
it
before
,
the
Lawe
will
suspect
that
they
will
commit
Periurie
,
if
they
should
be
sworne
,
séeing
they
be
ignorant
of
the
land
,
and
know
it
not
in
specie
.
And
therefore
vpon
challenge
they
shall
be
remooued
.
1.
R.
3.
4.
15
Because
our
Law-makers
haue
in
seuerall
ages
found
by
experience
,
that
nothing
is
a
greater
motiue
,
enticement
,
Periurie
in
respect
of
pouertie
.
or
rather
inforcement
to
Periurie
than
néede
and
pouertie
:
Therefore
they
haue
endeuoured
by
many
Statutes
to
prouide
,
that
such
as
be
returned
of
Enquests
,
should
not
onely
be
men
of
good
behauiour
and
credite
,
but
also
of
conuenient
liueliehoode
,
estate
,
and
abilitie
to
liue
of
themselues
,
for
that
Necessitie
(
which
hath
no
lawe
nor
bridle
)
should
not
compell
them
to
sell
truth
for
rewardes
,
nor
to
plunge
themselues
into
Periurie
for
bribes
.
And
for
the
preuention
of
this
Periurie
in
poore
persons
,
and
such
as
bee
of
meane
and
weake
estate
,
Stt.
21.
Ed.
1
by
a
Statute
made
Anno
21.
Ed.
1.
it
was
ordained
,
That
no
Shiriffe
,
Vndershiriffe
,
or
Bayliffe
of
Libertie
,
shall
put
in
any
Recognisaunces
of
Assises
,
Iuries
,
Enquests
,
or
Attaints
,
Iurors
impanelled
that
shal
passe
out
of
their
owne
Counties
.
that
shall
passe
out
of
their
proper
County
,
any
person
of
their
Bayliwickes
(
except
he
hath
lands
and
tenements
to
the
yearely
value
of
a
hundred
shillings
at
the
least
)
or
that
shall
passe
within
the
Countie
(
except
hée
hath
lands
to
the
yearely
value
of
xl
.
s.
And
for
the
same
cause
,
&
vpon
the
same
reason
of
preuention
of
periurie
in
poore
and
néedy
persons
,
by
a
Statute
made
Anno
3.
H.
5.
it
was
established
,
St.
3.
H.
5.
3
That
no
persons
shall
be
admitted
to
passe
in
any
enquest
vpon
triall
of
the
death
of
a
man
,
or
in
any
enquest
betwéene
partie
and
partie
,
in
plea
reall
,
or
in
plea
personall
,
whereof
the
debt
or
dammages
declared
do
amount
to
xl
.
Markes
,
if
the
same
person
hath
not
lands
and
tenements
of
the
yerely
value
of
xl
.
s.
aboue
all
charges
,
so
that
he
be
challenged
for
that
cause
by
the
party
.
But
by
the
Statute
of
Ann
23.
H.
8.
St.
23.
H.
8.
13.
euery
person
being
the
Kings
naturall
subiect
borne
,
which
by
the
name
of
a
Citizen
,
a
fréeman
,
Iurors
to
try
felonies
in
corporat
townes
.
or
any
other
name
,
doth
inioy
the
liberties
of
any
Citie
,
borough
,
or
town
corporat
where
he
dwelleth
,
being
worth
in
goods
to
the
cléere
value
of
xl
.
li.
shall
be
admitted
in
triall
of
Murders
,
and
felonies
,
in
euery
Sessions
,
and
gaoles
of
deliuery
,
kept
in
,
and
for
the
libertie
of
such
Cities
,
Boroughes
,
or
Townes
corporat
,
albeit
he
hath
no
fréehold
.
But
this
Act
extendeth
not
to
any
Knight
,
or
Esquire
,
dwelling
,
abyding
,
or
resorting
in
,
or
to
any
such
citie
,
borough
,
&c.
And
by
the
Statute
of
Ann
27.
Eliz.
it
was
enacted
,
Sta.
27.
El.
6.
That
in
all
cases
where
any
Iuror
to
bee
returned
for
the
triall
of
any
issue
or
issues
,
ioyned
in
any
of
the
Courts
of
the
Kings
Bench
,
common
Pleas
,
&
the
Exchequer
,
or
before
Iustices
of
Assise
,
by
the
Lawes
of
the
Realme
now
in
force
,
ought
to
haue
estate
of
fréehold
in
lands
,
Where
Iurors
must
haue
4.
li.
land
.
tenements
,
or
hereditaments
,
of
the
cléere
yerely
value
of
xl
.
s.
in
euery
such
case
the
Iurors
that
shal
be
returned
,
shall
euery
of
them
haue
estate
of
fréehold
in
lands
,
&c.
to
the
cléere
yearely
value
of
foure
pounds
at
the
least
,
out
of
auncient
demesne
within
the
Countie
where
the
issue
is
to
be
tried
.
By
the
Statute
of
11.
H.
7.
it
is
prouided
,
St.
11.
H.
7.
21.
That
no
person
shal
be
impannelled
,
summoned
,
or
sworne
in
any
Iury
or
Enquest
in
Courts
within
the
citie
of
London
,
Iurors
in
London
.
except
he
be
of
lands
,
tenements
,
goods
,
or
cattels
to
the
value
of
xl
.
Markes
.
And
no
person
shall
be
impannelled
,
summoned
,
or
sworne
,
in
Iuries
or
Enquests
in
any
Court
within
the
said
Citie
,
for
lands
or
tenements
,
or
action
personall
wherein
the
debt
or
dammages
amounteth
to
the
summe
of
xl
.
markes
,
except
he
be
in
lands
,
tenements
,
goods
,
or
cattels
,
to
the
value
of
one
hundred
marks
.
St
19.
H.
7.
13.
By
the
Statute
of
Anno
19.
H.
7.
it
was
ordained
,
That
euery
of
the
xxiiij
.
persons
dwelling
within
the
shire
where
any
riot
,
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
.
s.
at
the
least
,
or
else
copyhold
lands
to
the
yearely
value
of
xxvj
.
s.
viij
.
d.
at
the
least
,
aboue
all
charges
.
By
the
Statute
of
Ann
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
.
s.
By
the
Statute
of
Ann
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
Ann
11.
H.
7.
Ann
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
Veredictum
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
Ann
11.
H.
7.
and
Ann
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
,
or
Elegit
,
or
by
Action
of
Debt
against
euery
person
of
the
petit
Iurie
so
forfeiting
,
and
against
his
Executors
and
Administrators
,
hauing
then
sufficient
goods
of
their
said
Testator
not
administred
.
And
euery
of
the
said
petit
Iurie
shall
seuerally
make
fine
by
the
discretion
of
the
Iustices
before
whom
the
said
false
Serement
shall
be
found
,
after
their
seuerall
offences
,
defaults
,
and
sufficiencie
of
them
.
And
those
of
the
petit
Iurie
so
attainted
shall
neuer
be
after
of
any
credit
,
nor
their
oath
accepted
in
any
court
.
And
if
a
false
verdict
be
giuen
in
any
action
,
suit
,
or
demaund
before
any
Iustice
,
or
Iudge
of
Record
,
Attaint
wher
the
thing
doth
not
extend
to
xl
.
l.
of
any
thing
personal
,
as
debt
,
trespas
,
and
other
like
,
which
shall
be
vnder
the
value
of
xl
.
pounds
,
then
the
partie
grieued
shall
haue
an
Attaint
.
And
if
the
petit
Iurie
be
attainted
,
then
euery
of
them
shall
forfeit
fiue
pounds
to
the
King
and
the
partie
after
the
forme
aforesaid
,
and
also
shall
make
fine
by
the
discretion
of
the
Iustices
.
And
euery
person
that
may
dispend
fiue
markes
by
the
yeare
of
fréehold
,
out
of
auncient
demesne
,
or
is
worth
an
hundred
markes
in
goods
,
is
able
to
passe
in
the
same
Attaint
.
18
The
Law
doth
so
hate
Periurie
,
and
so
much
endeauour
to
extirpate
the
very
roote
thereof
,
that
shée
doth
sometime
punish
it
in
the
onely
will
,
and
intention
of
a
man
,
though
that
will
neuer
come
to
effect
,
so
that
the
same
will
and
meaning
may
bée
laid
open
vnto
her
;
The
meaning
to
commit
periurie
punished
.
by
due
proofe
;
as
it
appeareth
by
a
braunch
of
the
before
specified
Statute
of
Anno
11.
Hen.
7.
St.
11.
H.
7.
21.
whereby
it
is
ordained
That
if
it
be
found
by
the
graund
Iurie
that
the
petit
Iurie
haue
giuen
a
true
verdict
,
in
any
of
the
courts
of
the
citie
of
London
,
in
a
suit
whereupon
an
Attaint
is
brought
,
then
the
graund
Iurie
shall
haue
authoritie
to
inquire
if
any
of
the
petit
Iurie
hath
receiued
any
summe
of
money
or
other
reward
,
or
promise
of
money
or
other
reward
,
of
the
named
defendants
,
or
tenants
in
the
same
Attaint
,
or
of
any
other
person
by
the
commandement
,
couin
,
or
assent
of
any
of
them
,
for
the
intent
of
their
verdict
giuing
,
whereupon
the
same
Attaint
is
grounded
:
And
after
any
such
corruption
by
the
said
graund
Iurie
found
,
Decies
tantum
.
then
the
Iuror
that
is
so
found
defectiue
in
taking
money
,
or
rewards
&c.
shall
pay
to
the
plaintife
named
in
the
said
Attaint
,
tenne
times
the
value
of
the
summe
,
or
other
reward
so
taken
,
or
promised
,
and
shall
suffer
imprisonment
without
Baile
or
Maineprise
sixe
moneths
,
or
lesse
,
by
the
discretion
of
Mayor
and
Aldermen
of
the
said
citie
,
and
shall
bee
disabled
for
euer
to
bée
sworne
in
any
Iurie
before
any
temporall
Iudge
.
And
such
defendant
and
tenant
in
the
same
Attaint
,
shall
pay
to
such
vse
as
other
penalties
bee
forfeited
within
the
same
citie
,
tenne
times
the
value
of
the
summe
of
money
,
or
other
reward
by
him
so
giuen
to
any
of
the
said
petit
Iurie
,
and
shal
be
imprisoned
without
Baile
or
Maineprise
during
sixe
moneths
,
or
lesse
,
by
the
discretion
of
the
said
Mayor
and
Aldermen
.
And
in
like
sort
,
St.
34.
E.
3.
8
38.
E.
3.
●2
.
and
for
the
same
cause
the
Statutes
of
Anno
34.
Edw.
3.
&
38.
Edw.
3.
were
prouided
,
whereby
it
was
enacted
,
That
if
any
Iuror
sworn
in
Assises
,
or
other
Enquests
to
be
taken
betwéene
the
King
and
the
partie
,
or
betwéene
partie
and
partie
,
doe
by
himselfe
or
any
other
take
any
thing
of
the
plaintife
,
or
defendant
,
to
giue
his
verdict
,
and
thereof
is
attainted
at
the
suit
of
the
partie
,
which
will
sue
for
himselfe
,
or
for
the
King
,
or
of
any
other
person
(
entring
his
plaint
by
Bill
immediately
before
the
Iustices
before
whom
the
Iurie
was
sworne
)
the
said
Iuror
shall
pay
tenne
times
so
much
as
he
hath
receiued
.
Decies
tantum
.
And
all
those
which
bee
Imbraceors
Imbraceors
.
to
lead
and
procure
such
Enquests
in
the
Countrie
,
to
make
a
gaine
and
profit
thereof
,
shall
be
punished
as
the
Iurors
.
And
if
the
Iuror
or
Imbraceor
so
attainted
haue
not
wherewith
to
make
recompence
in
forme
aforesaid
,
he
shal
be
one
yeare
imprisoned
;
which
imprisonment
shall
not
be
pardoned
for
any
fine
:
and
the
partie
grieued
may
haue
his
action
before
other
Iustices
if
hée
will
.
But
no
Iustice
or
other
officer
shall
inquire
of
office
vpon
any
of
the
points
of
this
Statute
,
but
onely
at
the
suit
of
the
partie
,
and
of
others
as
aforesaid
.
By
which
foresaid
Statutes
it
doth
appeare
,
that
the
Law
doth
punish
Periurie
,
not
onely
in
such
Iurors
as
doe
commit
it
,
but
also
in
those
persons
who
bée
the
Imbraceors
,
Perswaders
,
or
Procuters
of
it
:
and
not
onely
in
those
who
doe
commit
or
procure
it
,
but
likewise
in
those
who
giue
or
take
rewards
to
haue
it
done
,
though
it
bée
neuer
effected
:
for
shee
accounteth
,
that
when
a
man
hath
giuen
his
heart
leaue
for
a
reward
to
bée
sworne
,
it
is
the
reward
he
respecteth
in
his
oath
,
and
not
the
truth
of
the
cause
;
which
reward
will
lead
him
blindfold
into
the
dungeon
of
Periurie
,
and
therefore
hee
deserueth
to
be
punished
as
a
periured
person
.
S.
Maintenance
&c.
6.
19
Because
diuers
did
resort
to
Iurors
in
Wales
,
and
the
Marches
thereof
,
and
suborned
them
to
acquit
Murderers
,
Felons
,
and
Accessories
openly
knowns
:
St.
26.
H.
8.
4
therefore
by
a
Statute
made
Anno
26.
H.
8.
it
was
enacted
,
That
forthwith
vpon
the
charge
giuen
to
any
Enquest
,
to
bee
taken
and
sworne
before
any
Iustices
,
Steward
,
Lieutenant
,
or
other
officer
within
Wales
,
or
the
Marches
of
the
same
,
of
,
for
,
or
vpon
any
Trauerse
against
the
King
,
or
the
triall
of
any
Recognizance
broken
,
or
any
other
forfeiture
forfeited
to
the
King
,
or
of
,
for
,
and
vpon
the
triall
of
any
Murderer
,
felon
,
or
accessorie
of
felonie
or
murder
,
an
officer
shall
be
sworne
for
the
kéeping
of
the
same
Iurors
.
And
if
the
same
Iurors
doe
acquit
any
such
felon
,
murderer
,
or
accessorie
,
vpon
whose
triall
they
shall
be
charged
,
or
giue
any
vntrue
verdict
against
the
King
,
vpon
the
triall
of
any
Trauerse
,
Recognizance
,
or
other
forfeiture
,
The
punishment
of
periurie
committed
by
an
enquest
in
Wales
.
contrarie
to
the
good
and
pregnant
euidence
ministred
to
them
by
the
persons
sworne
before
the
said
Iustice
,
Steward
,
Lieutenant
,
or
other
officer
:
Or
that
the
said
Iurors
or
any
of
them
doe
eate
,
drinke
,
or
speake
to
,
or
with
any
person
,
or
persons
,
than
to
such
as
be
sworn
with
them
,
or
otherwise
misdemeane
themselues
after
they
be
sworne
,
and
before
they
haue
giuen
their
verdict
:
Then
the
Lord
President
or
other
of
the
Councell
of
the
Marches
for
the
time
béeing
,
vpon
notice
or
complaint
thereof
to
be
made
,
shall
not
onely
haue
authoritie
to
call
such
Iurors
before
them
,
but
also
the
same
Iusticiar
,
Steward
,
or
other
officers
,
afore
whome
any
such
acquitall
,
vntrue
verdit
,
or
misdemeanors
shall
happen
to
be
made
,
shall
haue
full
power
to
compell
such
Iurors
,
and
euery
of
them
,
vpon
paine
of
imprisonment
,
to
be
bound
by
Recognisance
in
a
certaine
summe
of
money
,
by
their
discretion
to
be
limited
,
that
the
same
Iurors
,
and
euery
of
them
shall
personally
appeare
at
a
certaine
day
by
the
same
Iusticiar
,
Steward
,
or
other
officer
to
be
limited
,
before
the
Lord
President
,
and
other
of
the
Councell
aforesaid
for
the
time
being
,
then
,
and
there
to
abide
,
and
stand
to
such
direction
and
order
,
as
the
same
councell
shall
make
,
ordaine
,
and
decree
,
of
,
in
,
and
vpon
the
same
.
And
the
same
councell
shall
thereupon
haue
authoritie
by
examination
,
or
otherwise
,
to
heare
and
determine
all
and
euery
such
cause
,
and
shall
haue
like
authoritie
to
commit
euery
of
the
same
Iurors
to
prison
,
or
other
punishment
,
as
shal
be
thought
meet
by
the
discretion
of
the
said
counsel
,
or
otherwise
assesse
,
or
taxe
euery
such
Iuror
to
his
fine
and
ransome
by
the
same
discretion
,
to
be
paied
and
leuied
of
their
lands
,
goods
,
and
cattels
,
to
the
vse
of
the
King
.
Periurie
committed
by
witnesses
.
20
Hauing
written
of
the
restraint
and
punishment
of
periurie
in
Iurors
consisting
of
twelue
persons
at
the
least
,
impannelled
or
sworn
to
deliuer
their
verdict
according
to
their
euidence
,
I
am
now
to
expresse
what
punishments
the
law
doth
inflictt
vpon
such
,
which
doe
come
one
by
one
,
as
deponents
,
or
witnesses
,
to
testifie
the
truth
,
and
to
informe
the
Iudge
,
or
the
Iurie
of
the
veritie
of
the
matter
in
issue
or
question
,
according
to
their
knowledge
,
whereof
euery
man
by
himselfe
may
be
called
singularis
testis
,
though
there
be
more
witnesses
sworne
in
that
cause
.
And
séeing
that
iustice
cannot
be
executed
without
the
knowledge
of
the
truth
of
the
cause
in
question
,
&
that
truth
is
in
most
cases
only
to
be
deliuered
by
the
othes
and
testimonies
of
such
parties
as
were
witnesses
,
priuie
,
or
best
acquainted
with
the
matter
in
variance
:
Therefore
first
it
is
to
be
obserued
,
that
the
wisdom
of
the
law
hath
thought
it
necessarie
,
to
prouide
that
such
witnesses
may
be
compelled
vnder
a
great
paine
to
appear
in
court
,
and
testifie
their
knowledge
concerning
such
matter
in
question
:
as
by
the
Statute
made
Anno
5.
A
witnes
vpon
proces
serued
shall
appeare
.
El.
it
was
ordained
,
St.
5.
El.
9.
St.
29.
El.
5.
That
if
any
person
vpon
whom
any
proces
out
of
any
of
the
courts
of
Record
within
this
Realme
,
or
Wales
,
shal
be
serued
,
to
testifie
or
depose
concerning
any
matter
depending
in
any
of
the
same
courts
,
and
hauing
tendered
to
him
according
to
his
countenance
,
or
calling
,
such
reasonable
sums
of
money
for
his
costs
and
charges
,
as
(
hauing
regard
to
the
distance
of
the
places
)
is
necessarie
to
be
allowed
in
the
behalfe
,
doe
not
appeare
according
to
the
tenor
of
the
said
Proces
,
hauing
not
a
lawfull
and
reasonable
let
to
the
contrarie
;
then
the
partie
making
default
shall
forfeit
for
euery
such
offence
x.
l
,
and
shall
yéeld
such
further
recompence
to
the
partie
grieued
,
as
by
the
discretion
of
the
Iudge
of
the
court
out
of
the
which
the
said
proces
shall
be
awarded
,
according
to
the
losse
and
hindrance
that
the
partie
which
procured
the
said
proces
shall
sustaine
,
by
reason
of
the
non
appearance
of
the
said
witnesse
:
the
said
seuerall
summes
to
be
recouered
by
the
partie
so
grieued
against
the
offendor
by
A.I.B.P.
&c.
in
any
of
the
K.
courts
of
Record
,
wherein
no
W.E.
or
P.
&c.
21
There
were
seuerall
statutes
made
during
the
raignes
of
king
H.
6.
K.
H.
7.
and
K.
H.
8.
against
Periurie
,
and
the
procurers
and
committers
of
periurie
:
and
lastly
one
was
ordained
Anno
32.
H.
8.
St.
32.
H.
8.
9
against
such
as
should
suborne
witnesses
,
to
the
hindrance
of
Iustice
,
and
the
procurement
of
periurie
:
Sithence
the
making
whereof
,
for
that
the
penaltie
therein
is
small
towards
the
offendors
in
that
behalfe
,
the
said
offence
of
subornation
,
and
sinister
procurement
of
false
witnesses
did
neuerthelesse
greatly
increase
,
and
by
reason
of
the
wilfull
Periurie
committed
by
the
same
suborned
witnesses
,
diuers
persons
did
sustaine
disherison
,
and
great
impouerishment
,
as
well
of
their
lands
and
tenements
,
as
of
their
goods
and
cattels
:
The
penaltie
for
procuring
of
wilfull
periury
in
witnesses
.
for
the
redresse
and
more
sharpe
punishment
whereof
,
St.
5.
El.
9.
29.
El.
5.
by
a
Statute
made
Anno
5.
El.
it
was
enacted
,
That
all
and
euery
person
and
persons
which
shall
vnlawfully
,
and
corruptly
procure
any
witnes
,
or
witnesses
,
by
Letters
,
Rewards
,
Promises
,
or
by
any
other
sinister
and
vnlawfull
labour
,
or
meanes
whatsoeuer
,
to
commit
any
wilfull
and
corrupt
Periurie
,
in
any
matter
or
cause
whatsoeuer
,
depending
in
suit
and
variance
by
any
Writ
,
Action
,
Bill
,
Complaint
,
or
Information
,
in
any
wise
concerning
any
lands
,
tenements
,
or
hereditaments
,
or
any
goods
,
cattels
,
debts
,
or
dammages
,
in
any
of
the
courts
of
the
Chauncerie
,
Starre
chamber
,
White
hall
,
or
in
any
other
of
the
Kings
Courts
of
Record
,
or
in
any
Léet
,
view
of
Franke
pledge
,
or
Law
day
,
Auncient
demesne
Court
,
Court
Hundred
,
Court
Baron
,
or
in
the
Court
or
Courts
of
the
Stannerie
in
the
countie
of
Deuon
,
and
Cornewall
:
Or
shall
likewise
vnlawfully
and
corruptly
procure
,
or
suborne
any
witnesse
,
or
witnesses
,
which
shall
bée
sworne
to
testifie
in
perpetuam
rei
memoriam
:
Then
euery
such
offendor
or
offendors
,
shall
for
his
,
hers
,
or
their
said
offence
,
béeing
thereof
lawfully
conuicted
or
attainted
,
forfeit
fourtie
pounds
to
the
King
and
the
partie
grieued
,
hindered
or
molested
by
reason
of
any
of
the
offences
aforesaid
,
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
bée
allowed
.
And
if
it
happen
any
such
offendor
or
offendors
béeing
so
conuicted
or
attainted
as
is
aforesaid
,
not
to
haue
any
goods
or
cattels
,
Lands
or
Tenements
to
the
value
of
fourtie
pounds
,
then
euery
such
person
or
persons
so
conuicted
or
attainted
of
any
of
the
offences
aforesaid
,
shall
suffer
imprisonment
one
halfe
yeare
,
without
Baile
or
Maineprise
,
and
stand
vpon
the
Pillorie
one
whole
houre
in
some
Market
Towne
,
neere
,
or
next
adioyning
to
the
place
where
the
offence
was
committed
,
in
open
market
there
.
And
no
person
béeing
so
conuicted
or
attainted
shall
bée
from
thenceforth
receiued
as
a
witnesse
to
bée
deposed
in
any
court
of
Record
within
any
of
the
Kings
dominions
of
England
,
Wales
,
or
the
Marches
of
the
same
,
vntill
the
Iudgement
,
giuen
against
him
,
or
them
,
shall
bée
reuersed
by
Attaint
,
or
otherwise
.
And
vpon
euery
such
reuersall
,
the
parties
grieued
shall
recouer
his
or
their
dammages
against
all
and
euery
such
person
and
persons
,
as
did
procure
the
said
iudgement
so
reuersed
to
bee
first
giuen
against
them
,
or
any
of
them
,
by
action
to
be
sued
vpon
his
or
their
case
,
according
to
the
course
of
the
common
Law
.
St.
5.
El.
9.
22
If
any
person
or
persons
,
either
by
the
subornation
,
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
them
,
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
.
Proclamation
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
Starchamber
.
26
Prouided
that
this
Act
shall
not
extend
to
restraine
the
power
or
authoritie
giuen
by
Act
of
Parliament
made
Ann
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
,
tenements
,
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
,
conueyances
,
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
procurement
,
sinister
persuasion
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.
ann
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
temporall
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
for
commencing
a
wrong
full
suit
:
for
the
law
doth
intend
those
suites
to
be
pursued
for
vexation
&
trouble
:
and
likewise
in
some
other
cases
the
def.
is
amerced
for
the
wrongfull
detaining
of
that
which
is
not
his
owne
,
and
for
inforcing
the
plaintife
by
suit
in
law
to
séeke
&
recouer
his
owne
.
But
as
in
all
cases
the
vnlawfull
maintainor
of
suits
is
in
fault
,
so
is
he
in
euery
such
case
punishable
.
For
though
the
case
of
the
plaintife
or
def.
which
he
vndertaketh
to
maintaine
,
be
iust
and
lawfull
in
him
,
who
prosecuteth
or
defendeth
the
suit
,
&
whose
the
cause
is
,
yet
in
the
maintainor
it
is
vnlawfull
,
for
it
is
not
his
owne
suit
,
neither
is
it
pursued
or
defended
for
the
recouery
or
protection
of
that
which
he
pretendeth
to
be
due
to
himself
;
and
so
in
a
sort
he
maketh
complaint
where
he
hath
no
wrong
,
or
maketh
defence
where
none
séeke
to
hurt
him
,
whereby
,
opposing
himselfe
against
others
who
do
not
contend
with
him
,
he
laboureth
to
disturbe
the
ordinary
course
of
iustice
,
and
therewith
to
blemish
the
peace
of
the
Realme
:
for
as
it
appeareth
partly
by
the
statute
of
Anno
1.
Ed.
3.
Sta.
1.
E.
3.
14
and
specially
by
the
preamble
of
the
statute
of
Anno
32.
H.
8.
St.
32.
H.
8.
9
Nothing
conserueth
the
people
in
more
peace
&
good
concord
,
then
the
due
administration
of
iustice
,
and
the
indifferent
triall
of
titles
and
issues
,
according
to
the
Lawes
of
this
Realme
,
which
being
hindered
&
letted
by
Maintenance
,
Embracery
,
Champertie
,
Subornation
of
witnesses
,
sinister
labour
,
and
buying
of
titles
,
there
will
of
necessitie
insue
thereof
great
periurie
,
vnquietnesse
,
oppressions
,
troubles
,
wrongs
,
and
disheritances
.
2
And
because
this
Maintenance
is
as
an
euill
Trée
hauing
growne
out
of
it
many
corrupt
branches
:
therefore
the
wisdome
of
the
Realme
hath
from
time
to
time
prouided
seuerall
statutes
(
as
it
were
sharpe
hatchets
)
to
loppe
or
shred
those
boughes
when
they
did
spring
and
shoot
out
.
As
King
Ed.
3.
Maintenance
by
men
of
authority
.
perceiuing
that
his
Counsellors
,
Magistrates
,
and
Officers
in
his
house
,
&
certaine
great
men
of
the
Realme
,
by
sending
of
Letters
,
Messengers
,
giuing
of
Liueries
,
&
by
other
means
,
did
sollicite
matters
,
and
maintaine
quarrels
,
and
tooke
parts
in
the
Countrey
,
St.
1.
E.
3.
14
20.
Ed.
3.
3.
by
a
statute
made
Anno
1.
of
his
raigne
,
and
another
Anno
20.
of
his
raigne
,
did
ordaine
,
That
common
right
should
be
done
to
all
persons
,
as
well
poore
as
rich
:
and
that
none
of
his
said
Officers
,
nor
any
Noblemen
,
nor
any
other
great
or
small
,
should
take
vpon
him
to
maintaine
quarrels
,
or
to
take
parts
,
to
the
let
or
disturbance
of
the
common
law
:
Nor
that
any
should
take
in
hand
,
or
meddle
with
quarrels
or
questions
,
but
their
owne
.
And
because
there
was
no
speciall
punishment
ordained
by
the
said
statute
of
Anno
1.
Ed.
3.
for
those
who
should
transgresse
that
Law
,
therfore
King
R.
2.
by
a
statute
made
in
the
first
yeare
of
his
raigne
established
,
St.
1.
R.
2.
4.
That
if
the
kings
Counsellors
or
great
Officers
should
take
vpon
them
to
sustaine
any
quarrell
by
Maintenance
in
the
Countrey
,
or
elsewhere
,
he
so
offending
should
indure
that
paine
which
should
be
inflicted
by
the
King
himselfe
,
by
the
aduice
of
the
Lords
of
his
Realme
:
and
other
inferior
officers
and
seruants
of
the
Kings
,
in
the
Exchequer
,
and
other
Courts
:
and
his
meniall
seruants
shall
loose
their
offices
and
seruices
,
and
be
imprisoned
,
&
be
ransomed
at
the
kings
pleasure
,
euery
of
them
according
to
his
degrée
,
estate
,
and
desert
:
and
all
other
persons
of
the
Realme
,
of
what
estate
soeuer
they
be
,
shal
be
imprisoned
and
ransomed
as
the
other
aforesaid
.
St.
33.
Ed.
1.
3
The
statute
intituled
Definitio
de
conspiratoribus
,
made
Anno
33.
E.
1.
Maintenance
by
combination
doth
decypher
another
sort
of
Maintainors
,
which
there
be
called
conspirators
in
this
sort
,
St.
1.
R.
2.
7.
viz.
Conspirators
be
they
that
bind
themselues
by
oath
,
couenant
,
or
other
alliance
,
that
euery
of
them
shall
helpe
and
sustaine
the
other
,
falsely
&
maliciously
to
indite
,
or
falsely
to
moue
or
maintaine
pleas
:
and
also
such
as
cause
children
within
age
to
appeale
men
of
felony
,
whereby
they
are
imprisoned
&
sore
grieued
:
and
such
as
retaine
men
in
the
country
with
liueries
,
or
fées
,
to
maintaine
their
malicious
enterprises
;
and
this
extendeth
aswell
to
the
takers
as
to
the
giuers
:
and
stewards
and
bailifes
of
great
lords
,
Maintenance
by
noblemens
officers
.
which
by
their
seigniorie
,
office
,
or
power
,
vndertake
to
vphold
or
maintaine
quarrels
,
pleas
,
or
debates
,
that
concerne
other
parties
then
such
as
touch
the
estate
of
their
lords
,
or
themselues
.
4
There
is
also
another
kind
of
Maintenance
,
which
is
called
Champerty
,
Maintenance
by
champerty
.
and
the
offendors
therin
be
called
Champertors
,
whom
the
foresaid
statute
of
Anno
33.
St.
33.
Ed.
1.
E.
1.
doth
define
in
this
maner
,
Who
be
champertors
.
viz.
Champertors
be
they
that
moue
pleas
and
suits
,
or
cause
to
be
moued
,
either
by
their
owne
procurement
,
or
by
others
,
&
sue
them
at
their
proper
costs
,
for
to
haue
part
of
the
land
in
variance
,
or
part
of
the
gaines
:
which
Champertors
were
accounted
great
maintainors
of
suits
,
and
professed
enemies
to
peace
:
whereupon
it
was
ordained
by
the
statute
of
West
.
1.
St.
3.
E.
1.
25.
That
no
Officer
of
the
Kings
by
themselues
,
nor
by
other
,
shall
maintaine
pleas
,
suits
,
or
matters
hanging
in
the
Kings
Court
,
for
Lands
,
Tenements
,
or
other
things
,
for
to
haue
part
or
profit
thereof
,
by
couenant
made
betwéene
them
,
and
he
that
doth
,
shall
be
punished
at
the
kings
pleasure
:
and
after
by
the
statute
of
Westm.
2.
St.
13.
E.
1.
48
the
same
was
expressed
more
at
large
,
by
the
which
it
was
enacted
,
That
the
Chauncellor
,
Treasurer
,
Iustices
,
nor
none
of
the
Kings
Councell
,
no
Clarke
of
the
Chauncerie
,
nor
of
the
Exchequer
,
nor
of
any
Iustice
,
or
other
Officer
,
nor
none
of
the
Kings
house
,
Clarke
,
nor
Lay
,
shall
receiue
any
Church
land
nor
tenement
by
gift
in
fée
,
nor
to
farme
,
nor
for
purchase
,
nor
otherwise
,
so
long
as
the
thing
is
in
plea
in
the
Kings
Court
,
or
before
any
of
his
Officers
,
nor
shall
take
reward
therefore
:
and
hee
that
doth
contrary
to
this
Act
,
eyther
himselfe
,
or
by
any
other
,
or
make
any
bargaine
,
shall
bee
punished
at
the
Kings
pleasure
,
as
well
he
that
doth
purchase
,
as
he
that
doth
giue
.
And
because
other
Officers
were
not
bound
by
the
foresaid
Statutes
as
well
as
the
Kings
,
and
to
the
intent
some
certaine
and
more
sharpe
penaltie
might
bee
imposed
vpon
the
transgressor
of
the
said
statutes
,
then
before
time
had
béene
prouided
,
Therefore
by
a
statute
made
Anno
28.
E.
1.
St.
28.
Ed.
1.
11.
intituled
Articuli
super
Chartas
,
it
was
ordained
,
That
no
Officer
,
nor
any
other
(
for
to
obtaine
part
of
the
thing
in
plea
)
shall
maintaine
any
matter
that
is
in
suit
:
Nor
none
vpon
such
couenant
shall
giue
vp
his
right
to
another
,
and
if
any
doe
and
bée
attainted
thereof
,
the
taker
shall
forfeit
to
the
King
so
much
of
his
lands
and
goods
,
as
doth
amount
to
the
value
of
the
part
that
he
hath
purchased
for
such
Maintenance
:
and
to
obtaine
that
,
any
person
that
will
,
shall
be
receiued
to
sue
for
the
king
,
before
those
Iustices
before
whom
the
suit
doth
depend
,
and
the
iudgement
shal
be
giuen
by
them
.
But
it
may
not
be
vnderstood
in
this
case
,
Pleaders
may
giue
counsell
for
their
fées
.
that
a
man
may
not
haue
counsell
of
pleaders
and
learned
men
for
his
fée
,
nor
of
his
next
friends
.
And
after
,
to
the
intent
to
impose
a
sharper
punishment
vpon
such
as
should
be
offendors
in
Maintenance
,
Champerty
,
or
the
like
,
by
a
statute
made
Ann̄
33.
E.
1.
it
was
enacted
,
St.
33.
Ed.
1.
That
if
any
person
do
take
vpon
him
for
Maintenance
,
Champerty
,
or
the
like
bargaine
,
any
manner
of
suit
or
plea
against
another
,
The
punishment
of
champertors
.
&
is
attainted
of
such
assumption
,
suit
,
or
bargaine
,
or
of
consent
thereunto
,
he
shal
be
thrée
yeares
imprisoned
,
and
further
punished
at
the
kings
pleasure
.
8
And
so
it
appeareth
by
the
foresaid
statutes
,
that
it
is
Champerty
,
Fit
.
Nat.
Br.
171.
7.
Ed.
3.
9.
Fit
.
champ
.
6.
where
a
man
by
couenant
or
agréement
made
by
writing
or
word
,
What
is
champerty
,
&
what
not
.
doth
bargaine
to
haue
parcell
of
the
land
,
debt
,
or
other
thing
which
is
in
suit
,
if
it
be
recouered
to
aid
and
maintain
the
party
to
that
suit
:
and
in
this
case
,
he
that
is
the
other
party
to
that
suit
,
&
oppressed
or
grieued
by
this
Maintenance
,
may
prosecute
a
writ
of
Champerty
against
the
same
offendor
,
9.
H.
6.
64.
or
a
writ
of
Maintenance
at
his
choice
,
for
euery
Champerty
is
Maintenance
,
but
euery
Maintenance
is
not
Champerty
.
And
in
this
case
of
Champerty
,
he
that
selleth
his
land
,
or
demiseth
his
land
for
life
or
yeares
,
or
any
part
thereof
,
during
the
time
that
the
same
land
is
in
suit
,
shall
be
punished
according
to
the
foresaid
statute
of
28.
Ed.
1.
as
well
as
he
that
purchaseth
the
same
land
.
Fit
.
champ
.
5.
30.
Ass.
p.
5.
8.
Ed.
4.
13.
And
the
writ
of
Champerty
may
be
brought
against
the
buyer
alone
,
or
against
the
seller
alone
.
And
it
is
all
one
penalty
where
he
selleth
his
land
for
mony
or
other
consideration
,
and
where
hée
fréely
doth
giue
his
land
:
for
if
it
be
giuen
during
the
time
that
the
land
is
in
suit
,
it
is
Champertie
:
for
the
Law
doth
prohibite
euery
man
to
obtaine
land
when
it
is
in
suit
.
But
if
a
man
purchase
land
after
iudgement
,
it
is
no
Champertie
,
for
then
there
is
no
suit
depending
touching
that
land
:
and
if
a
man
that
is
learned
in
the
Law
,
and
doth
giue
counsell
therein
,
13.
H.
4.
19.
doe
take
part
of
the
land
that
was
in
variance
of
his
client
for
his
fées
,
after
the
same
is
recorded
,
this
is
no
Champerty
:
So
that
the
bargaine
be
made
after
the
recouery
of
the
land
,
and
not
depending
the
suit
.
47.
E.
3.
9.
7.
E.
4.
15.
And
if
a
man
doe
bring
an
action
against
another
,
and
do
recouer
the
thing
in
question
against
the
defendant
,
yet
the
plaintife
may
haue
an
action
of
Maintenance
against
euery
person
that
shall
maintaine
the
defendant
in
that
suit
,
though
he
hath
lost
nothing
by
that
Maintenance
,
for
that
the
same
Statute
of
28.
Edw.
1.
is
a
prohibition
of
Champertie
.
And
if
a
man
doe
bargaine
for
land
before
any
suit
is
commenced
for
the
same
,
and
after
a
suit
is
prosecuted
against
the
tenant
of
the
land
for
the
same
,
Fit
.
champ
.
15.
if
the
same
tenant
doe
make
a
feoffement
or
other
assurance
to
the
purchasor
,
according
to
his
bargaine
of
the
same
land
,
during
the
time
of
the
same
suit
,
yet
this
is
no
Champertie
:
For
in
this
case
the
seller
did
not
assure
this
land
to
the
purchasor
,
vpon
couenant
to
haue
Maintenance
,
but
to
performe
his
former
bargaine
,
and
the
sale
was
before
the
suit
,
though
the
performance
thereof
was
after
.
And
if
a
man
doe
make
a
feoffement
of
land
to
others
to
his
owne
vse
,
8.
E.
4.
13
during
the
time
that
a
suit
is
depending
for
the
same
land
,
this
is
no
Champertie
:
for
the
feoffement
was
not
made
to
haue
Maintenance
in
that
suit
,
but
to
haue
the
possession
of
the
land
to
bée
transferred
to
others
,
and
yet
to
the
same
vse
it
was
before
.
And
a
man
may
giue
land
to
his
sonne
in
Franke-marriage
,
6
E.
3.
33.
or
for
the
terme
of
his
life
,
during
the
time
that
a
suit
is
depending
against
him
of
the
same
land
,
and
it
is
no
Champertie
:
for
that
the
words
of
the
statute
of
Anno
28.
Edw.
1.
be
,
But
it
is
not
intended
,
that
a
man
shall
not
haue
counsell
of
pleaders
,
and
of
learned
for
his
fée
,
nor
of
his
next
friends
:
and
the
father
is
bound
to
relieue
and
helpe
his
sonne
as
much
as
he
may
,
and
it
is
no
Maintenance
nor
Champertie
in
him
to
assure
the
land
to
his
sonne
,
nor
in
the
sonne
to
take
it
.
21.
Ed.
3.
52.
And
in
a
writ
of
Champertie
it
is
a
good
plea
for
the
defendant
to
plead
,
That
he
purchased
the
land
of
him
who
recouered
it
for
his
money
,
and
not
for
Champertie
to
maintaine
the
suit
.
And
if
a
man
doe
make
a
lease
for
the
terme
of
life
of
land
,
Fit
.
champ
.
14.
and
after
the
tenant
for
life
is
impleaded
for
the
same
land
,
and
depending
that
plea
,
the
tenant
for
life
doth
surrender
his
estate
for
life
to
him
in
Reuersion
,
this
is
no
Champertie
.
6
Maintenance
may
also
bée
committed
in
other
sorts
then
be
aforesaid
,
Maintenance
by
Embracery
viz.
by
Embraceors
,
St.
33.
Ed.
1.
and
by
Iuries
.
By
the
Statute
of
Anno
33.
Edw.
1.
an
Embraceor
is
described
to
be
one
that
commeth
to
the
barre
with
the
party
,
and
speaketh
in
the
matter
,
and
is
there
to
suruey
the
Iurie
:
And
he
is
accounted
an
Embraceor
,
Fit
.
Nat.
Br.
171.
who
will
threaten
the
Iurie
,
or
any
of
them
,
if
they
doe
not
giue
their
verdict
by
his
direction
:
and
he
also
,
who
is
a
procuror
of
a
Iurie
to
appeare
,
13.
H.
4.
19.
that
is
commonly
called
a
leader
of
Enquests
.
And
the
punishment
of
Maintenance
both
in
Embraceors
and
Iurors
,
is
assigned
by
the
Statutes
of
Anno
34.
Edw.
3.
&
Anno
38.
Edw.
3.
whereby
it
is
ordained
,
St.
34.
E.
3.
8.
38.
Ed.
3.
12.
That
if
any
Iuror
sworne
in
Assises
,
Maintenance
by
Iurors
.
or
other
Enquests
,
to
be
taken
betwéene
the
King
and
the
party
,
or
betwéene
party
and
party
,
doe
by
himselfe
,
or
any
other
,
take
any
thing
of
the
plaintife
,
or
defendant
,
to
giue
his
verdict
,
and
thereof
is
attainted
at
the
suit
of
the
party
,
which
will
sue
for
himselfe
,
or
for
the
king
(
or
of
any
other
person
entring
his
plaint
by
Bill
immediatly
before
the
Iustices
before
whom
the
Iurie
was
sworne
)
the
said
Iuror
shall
pay
tenne
times
so
much
as
he
hath
receiued
.
And
all
those
which
be
Embraceors
to
lead
and
procure
such
Enquests
in
the
Countrey
,
The
penalty
of
Maintenance
in
Iurors
and
Embraceors
.
to
make
againe
and
profit
thereof
,
shal
be
punished
as
the
Iurors
.
And
if
the
Iuror
or
Embraceor
so
attainted
haue
not
wherewith
to
make
recompence
in
forme
aforesaid
,
he
shall
be
one
yeare
imprisoned
,
which
imprisonment
shall
not
bee
pardoned
for
any
fine
:
and
the
party
grieued
may
haue
his
action
before
other
Iustices
,
if
he
will
.
But
no
Iustice
or
other
officer
shall
inquire
of
office
vpon
any
of
the
points
of
this
Statute
,
but
onely
at
the
Suite
of
the
partie
,
or
of
others
,
as
is
aforesaid
.
See
Periurie
18.
Maintenance
punished
by
a
Decies
tantum
.
7
Vpon
the
foresaid
Statutes
of
34.
Edw.
3.
&
38.
Edw.
3.
is
the
writ
of
Decies
tantum
grounded
.
By
the
which
writ
the
party
grieued
by
any
such
Maintenance
and
taking
of
money
by
a
Iuror
or
Embraceor
,
shall
recouer
against
the
offendor
tenne
times
so
much
as
he
hath
taken
,
whereof
the
King
shall
haue
the
onely
halfe
,
and
the
same
party
who
doth
recouer
,
the
other
halfe
.
40
E.
3.
33.
41.
Ed.
3.
9.
And
a
man
may
haue
one
writ
of
Decies
tantum
against
all
the
Iurors
of
an
Enquest
,
if
they
all
did
take
money
to
giue
their
verdict
,
or
against
so
many
of
them
as
did
take
money
.
Fitz.
Decies
tantum
1.
And
so
he
may
haue
one
writ
against
the
Embraceors
and
the
Iurors
,
and
recouer
against
euery
of
them
tenne
times
so
much
as
he
receiued
to
giue
his
verdict
,
or
to
embrace
:
as
if
one
of
them
tooke
tenne
shillings
,
another
twenty
shillings
,
a
third
5.
pounds
&c.
and
the
dammages
shall
be
taxed
against
euery
of
them
seuerally
.
And
therefore
when
one
action
is
brought
against
seuerall
Iurors
,
for
taking
of
money
to
giue
their
verdict
,
euery
of
them
must
plead
his
plea
seuerally
,
21.
H.
6.
20.
and
by
himselfe
.
If
a
Iuror
doe
take
money
to
giue
his
verdict
on
the
one
part
,
if
after
he
doth
giue
no
verdict
,
or
if
hee
with
his
companions
doe
giue
a
true
verdict
,
or
such
a
verdict
as
the
party
who
bringeth
the
writ
receiueth
no
hurt
thereby
,
or
if
the
plaintife
be
nonsute
,
37.
H.
6.
31.
yet
a
Decies
tantum
may
bée
brought
against
him
:
For
it
is
not
the
giuing
of
the
verdict
which
the
Law
doth
respect
,
and
punish
,
but
the
taking
of
the
money
to
giue
his
verdict
,
and
so
to
doe
an
vnlawfull
act
.
But
otherwise
it
is
of
an
Embraceor
,
for
if
he
take
money
to
embrace
,
and
yet
doth
not
embrace
,
no
action
will
lye
against
him
:
for
he
is
no
Embraceor
,
if
he
doe
not
embrace
.
In
a
writ
of
Decies
tantum
,
if
the
Iury
find
,
41.
E.
3.
9.
that
one
of
the
Iurie
in
the
former
Issue
did
take
land
for
fortie
pounds
lesse
then
it
was
worth
,
to
giue
his
verdict
,
the
same
Iuror
shall
forfeit
to
the
King
and
the
party
tenne
times
so
much
,
viz.
foure
hundred
pounds
.
And
so
shall
the
Embraceor
forfeit
tenne
times
so
much
,
if
he
hath
the
land
for
lesse
then
it
is
worth
,
after
the
Iurie
hath
giuen
their
verdict
by
his
meanes
or
persuasion
.
And
the
one
moytie
which
is
due
to
the
King
in
this
case
,
according
to
the
foresaid
Statute
of
Anno
38.
Edward
.
3.
41.
Ed.
3.15
.
Fitz.
Decies
tantum
12.
44.
Ed.
3.
36.
is
a
fine
to
the
King
for
his
offence
,
and
not
a
debt
to
the
King
,
and
therefore
the
partie
grieued
shall
be
first
satisfied
of
his
moytie
,
and
after
him
the
King
shall
bée
payed
in
the
receit
of
the
Exchquer
.
Men
that
be
learned
in
the
Law
,
may
for
their
fées
speake
to
the
Iury
,
6.
E.
4.
5.
and
enforce
their
clients
euidence
vnto
them
so
much
as
they
can
openly
,
vpon
the
triall
of
the
cause
:
But
they
may
not
otherwise
labour
to
the
Iury
to
giue
their
verdict
,
and
receiue
money
to
that
end
,
for
then
they
be
Embraceors
.
If
he
that
is
the
party
grieued
,
who
may
haue
against
any
Iuror
a
Decies
tantum
for
taking
of
money
,
doe
release
to
the
same
Iuror
all
actions
,
this
will
not
auaile
the
same
Iuror
,
for
by
the
said
statute
any
person
that
will
,
being
a
stranger
,
may
haue
a
Decies
tantum
against
the
same
Iuror
.
But
if
the
King
doe
release
before
any
suit
commenced
,
it
is
a
good
barre
against
all
persons
,
as
it
is
in
other
popular
actions
:
1.
H.
7.
3.
5.
E.
4.
2.
and
yet
if
the
party
hath
begun
his
suit
,
the
Kings
release
wil
not
discharge
it
,
but
for
his
owne
part
:
for
that
which
was
before
popular
,
is
now
become
his
priuat
action
:
and
a
condemnation
or
acquitall
at
his
suit
is
a
discharge
against
the
King
and
all
others
.
8
There
is
another
kind
of
Maintenance
by
Iurors
,
Maintenance
by
Ambidexter
.
that
the
Law
doth
prohibite
,
which
is
,
when
a
Iuror
doth
take
money
or
other
thing
of
the
one
part
and
the
other
,
who
is
commonly
called
Ambidexter
:
for
the
punishment
of
whom
,
Sta.
5.
E.
3.
10
by
a
statute
made
An.
5.
E.
3.
it
was
ordained
,
That
if
any
Iuror
in
Assises
,
Iuries
,
or
Enquests
,
take
of
the
one
part
,
and
of
the
other
,
and
be
thereof
duly
attainted
,
he
shall
not
after
be
put
in
any
Assises
,
Iuries
,
or
Enquests
,
but
shall
be
sent
to
prison
,
and
further
punished
at
the
Kings
pleasure
.
And
the
Iustices
before
whom
such
Assises
,
Iuries
,
&
Enquests
shall
passe
,
haue
power
to
inquire
and
determine
,
according
to
this
statute
.
As
this
gréedie
Ambidexter
doth
offend
two
Lawes
,
so
it
is
prouided
to
impose
two
seuerall
punishments
vpon
him
:
vpon
a
writ
of
Decies
tantum
brought
against
him
,
he
shall
be
compelled
to
pay
to
the
King
and
the
party
grieued
ten
times
so
much
as
he
hath
receiued
to
giue
his
verdict
,
according
to
the
statute
of
38.
E.
3.
And
shall
be
no
more
put
in
Enquests
,
but
sent
to
prison
,
and
punished
at
the
Kings
pleasure
,
according
to
the
foresaid
statute
of
Anno
5.
Ed.
3.
But
no
person
shall
be
punished
according
to
the
said
statute
of
Anno
5.
44.
E.
3.
39.
Fit
.
Dec.
tantum
12.
Ed.
3.
vpon
any
writ
of
Decies
tantum
brought
against
him
,
but
only
vpon
an
Indictment
at
the
Kings
suit
.
If
any
Iuror
doe
take
money
of
eyther
of
the
parties
to
a
suit
after
his
verdict
giuen
,
for
giuing
his
verdict
,
without
making
couenant
therefore
before
hand
,
39.
Ass.
p.
19
he
shall
not
be
punished
according
to
any
of
the
foresaid
statutes
of
Anno
5.
E.
3.
34.
Ed.
3.
or
38.
E.
3.
for
he
is
out
of
the
danger
of
the
writ
of
Decies
tantum
,
and
he
shall
not
be
imprisoned
by
force
of
the
statute
of
Anno
5
Ed.
3.
for
he
did
not
take
mony
contrary
to
the
meaning
of
that
statute
:
But
in
that
case
he
shall
pay
a
fine
to
the
king
.
9
As
it
is
Champertie
,
and
therewith
Maintenance
,
to
haue
part
of
the
land
or
thing
in
variance
:
so
it
is
Maintenance
to
take
part
in
any
quarrell
depending
in
suit
in
the
Kings
court
,
or
to
worke
any
fraud
whereby
iustice
may
be
hindered
;
Westm.
1.
3.
E.
1.
28.
as
it
appeareth
by
the
statute
of
West
.
1.
whereby
it
is
ordained
,
That
if
any
Clerke
of
the
kings
,
or
of
any
Iustice
,
The
penalty
for
maintaining
of
suits
.
do
receiue
the
presentment
of
any
Church
,
for
the
which
any
plea
or
debate
is
in
the
K.
Court
,
without
the
kings
speciall
licence
,
he
shal
loose
the
Church
and
his
seruice
.
And
if
any
Iustices
or
Shirifes
Clerke
,
take
part
in
any
quarrell
depending
in
the
Kings
Court
,
or
doe
worke
any
fraud
,
whereby
common
right
may
be
delayed
or
disturbed
,
he
shall
loose
his
seruice
,
and
be
further
punished
,
if
the
Trespas
doe
require
.
St.
32.
H.
8.
9
And
after
by
a
statute
made
Anno
32.
H.
8.
there
was
a
greater
penalty
imposed
vpon
those
who
shall
be
maintainors
of
suits
:
By
which
statute
it
was
ordained
,
That
no
person
or
persons
whatsoeuer
,
shall
vnlawfully
maintaine
,
or
cause
or
procure
any
vnlawfull
maintenance
in
any
action
,
suit
,
demaund
,
or
complaint
in
any
of
the
Kings
Courts
of
the
Chauncerie
,
Starre-chamber
,
White
hall
,
or
elsewhere
,
within
any
of
the
K.
dominions
of
England
,
or
Wales
,
or
the
marches
of
the
same
,
where
any
person
or
persons
haue
authoritie
,
by
vertue
of
the
K.
Commission
,
Patent
,
or
Writ
,
to
hold
plea
of
lands
,
or
to
heare
,
examine
,
or
determine
any
title
of
lands
,
or
any
matter
of
witnesse
,
concerning
the
title
,
right
,
or
interest
of
any
lands
,
tenements
,
or
hereditaments
:
Or
shall
vnlawfully
retaine
for
maintenance
of
any
suit
or
plea
,
Retaining
for
maintenance
,
or
imbracing
,
or
suborning
of
Iurors
.
any
person
or
persons
,
or
embrace
any
fréeholders
or
Iurors
,
or
suborne
any
witnesse
by
letters
,
rewards
,
promise
,
or
by
any
other
sinister
labour
or
meanes
,
for
to
maintaine
any
matter
or
cause
,
or
to
the
disturbance
or
hinderance
of
iustice
,
or
to
the
procurement
or
occasion
of
any
manner
of
Periurie
,
by
false
verdict
,
or
otherwise
,
in
any
of
the
Courts
aforesaid
,
vpon
paine
of
forfeiture
for
euery
such
offence
x.
pounds
to
the
king
and
Inf.
to
be
recouered
by
him
that
will
sue
for
the
same
in
any
of
the
kings
Courts
of
Record
,
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
wherein
no
W.E.P.
&c.
if
the
suit
be
commenced
in
any
of
the
kings
Courts
within
one
yeare
next
after
any
such
offence
committed
,
or
els
not
.
10
As
it
is
Maintenance
to
haue
by
agréement
part
of
the
land
in
variance
,
or
part
of
the
gaines
of
the
suit
in
question
,
so
is
it
Maintenance
to
buy
a
pretenced
right
or
title
of
another
,
of
,
or
to
lands
or
tenements
,
whereof
the
seller
hath
no
possession
,
for
this
oft
times
the
cause
of
Subornation
of
witnesses
,
procurement
of
Periurie
,
and
of
the
subuersion
of
iustice
:
For
the
redresse
whereof
,
by
the
last
specified
Statute
of
Anno
32.
H.
8.
St.
32.
H.
8.
9
it
was
first
enacted
,
That
all
Statutes
heretofore
made
concerning
Maintenance
,
Champertie
,
and
Embracerie
,
or
any
of
them
,
then
standing
in
force
,
should
be
put
in
due
execution
,
according
to
the
effects
of
the
same
.
And
also
by
the
same
statute
it
was
ouer
that
ordayned
,
Maintenance
by
buying
of
pretenced
titles
That
no
person
or
persons
,
of
what
estate
,
degrée
,
or
condition
soeuer
he
or
they
be
,
shall
bargaine
,
buy
,
or
sell
,
or
by
any
meanes
obtaine
,
get
,
or
haue
any
pretenced
rights
or
titles
,
or
take
promise
,
graunt
,
or
couenant
to
haue
any
right
or
title
of
any
person
or
persons
,
in
,
or
to
any
Manors
,
Lands
,
Tenements
,
or
other
Hereditaments
:
but
if
such
person
or
persons
which
shall
so
bargaine
,
giue
,
graunt
,
couenant
,
or
promise
the
same
,
their
auncestors
,
or
they
by
whom
he
or
they
claime
the
same
,
haue
béene
in
possession
of
the
same
,
or
of
the
reuersion
or
remainder
thereof
,
or
taken
the
rents
or
profites
thereof
,
by
the
space
of
one
whole
yeare
next
before
the
said
bargaine
,
couenant
,
graunt
,
or
promise
made
,
vpon
paine
that
he
that
shall
make
any
such
bargaine
,
sale
,
promise
,
couenant
,
or
graunt
,
shall
forfeit
the
whole
value
of
the
Lands
,
Tenements
,
or
Hereditaments
,
so
bargained
,
sold
,
promised
,
couenanted
,
or
graunted
,
contrary
to
the
forme
of
this
Act.
And
the
buyer
or
taker
thereof
knowing
the
same
,
shall
also
forfeit
the
said
value
of
the
said
Landes
,
Tenements
,
or
Hereditaments
,
so
by
him
bought
or
taken
,
as
is
aforesaid
:
the
one
halfe
of
the
said
forfeitures
to
be
to
the
king
,
and
the
other
halfe
to
the
party
that
will
sue
for
the
same
,
in
any
of
the
kings
Courts
of
Record
,
by
Action
of
Debt
,
Bill
,
P.
or
I.
&c.
wherein
no
W.
E.
P.
or
I.
&c.
if
the
suit
be
commenced
by
A.
B.
P.
or
I.
in
any
of
the
kings
Courts
,
within
one
yeare
next
after
any
such
offence
committed
,
or
els
not
.
Prouided
alwayes
,
The
possessor
purchaseth
a
pretenced
title
.
That
it
shall
be
lawfull
to
any
person
or
persons
,
being
in
lawfull
possession
,
by
taking
of
the
yearely
ferme
,
rents
,
or
profites
of
any
Manors
,
Lands
,
Tenements
,
or
Hereditaments
,
to
buy
,
obtaine
,
get
,
or
haue
by
any
reasonable
meanes
the
pretended
right
or
title
of
any
other
person
or
persons
to
be
made
to
,
of
,
or
in
any
such
lands
,
tenements
,
or
hereditaments
,
whereof
he
shal
be
so
in
lawfull
possession
:
Any
thing
in
this
Act
&c.
notwithstanding
.
22
&
23.
El.
Dyer
374.
6.
Ed.
6.
Dy.
74.
Plow
.
Com̄
87.
11
If
a
man
take
a
lease
or
promise
a
lease
for
the
terme
of
certain
yéeres
to
another
of
land
,
contrary
to
the
foresaid
statute
of
Ann̄
32.
H.
8.
What
is
selling
of
a
pretenced
title
.
viz.
of
those
lands
,
whereof
neither
he
himselfe
,
nor
any
of
his
auncestors
,
nor
any
by
whom
he
doth
clayme
the
same
land
,
haue
béene
in
possession
of
the
same
,
nor
of
the
reuersion
,
nor
remainder
thereof
,
nor
taken
the
rents
or
profits
thereof
by
the
space
of
one
whole
yeare
before
the
said
bargaine
,
graunt
,
and
demise
made
,
he
is
within
the
danger
of
the
foresaid
statute
of
Anno
32.
H.
8.
as
well
as
if
hée
had
made
an
estate
for
the
terme
of
life
,
in
taile
,
or
in
fée
simple
of
the
same
land
:
for
that
the
scope
and
effect
of
the
statute
is
vtterly
to
root
out
of
Maintenance
,
and
bargaines
and
promises
of
Titles
,
for
the
which
the
words
of
the
statute
be
,
That
no
person
shall
sell
or
buy
any
pretenced
rights
or
titles
.
And
a
lease
is
no
more
lawfull
for
one
yeare
,
then
for
an
hundred
yeares
:
and
some
man
will
be
as
ready
to
maintaine
to
haue
a
lease
for
yeares
,
as
to
haue
a
greater
estate
.
Wherefore
he
that
doth
make
a
lease
for
yeares
,
or
make
promise
of
a
lease
for
yeares
of
lands
,
whereof
he
hath
but
a
pretenced
right
or
title
,
shall
forfeit
to
the
King
and
him
that
will
sue
,
the
whole
value
of
the
inheritance
of
the
land
,
as
well
as
if
he
had
bargained
and
sold
the
fée
simple
thereof
.
But
it
is
specially
to
bée
respected
in
that
case
,
that
he
hath
but
a
pretenced
right
or
title
at
the
time
of
his
Lease
made
:
for
if
he
hath
a
good
title
in
the
same
land
at
the
time
of
the
said
Lease
,
then
is
he
not
within
the
danger
of
the
said
Statute
,
though
neither
hée
himselfe
,
nor
any
of
his
auncestors
,
nor
any
by
whom
he
doth
clayme
the
same
land
,
haue
béene
in
possession
thereof
,
nor
of
the
reuersion
or
remainder
thereof
,
nor
haue
taken
the
rents
or
profites
thereof
by
the
space
of
one
whole
yeare
before
the
said
Lease
made
:
For
if
a
man
doe
enter
into
lands
that
be
holden
of
him
,
for
an
alienation
in
Mortmaine
:
Or
if
hée
doe
recouer
lands
by
a
reall
action
,
hée
may
sell
the
same
land
,
or
make
a
Lease
of
the
same
land
within
a
yeare
after
the
Entry
or
Recouerie
,
though
neyther
hée
,
nor
his
auncestors
,
nor
they
by
whom
hee
claymeth
the
same
land
,
haue
béene
in
possession
thereof
,
nor
taken
the
Rents
or
Profites
thereof
,
by
the
space
of
one
whole
yeare
before
.
Br.
Maint
.
38
6.
E.
6.
And
so
it
is
,
if
a
man
doe
morgage
his
Land
for
diuers
yeares
,
vpon
condition
of
repayment
of
money
at
a
certaine
day
,
or
vpon
any
other
condition
.
If
after
hée
doe
redéeme
his
Land
,
hée
may
sell
it
,
or
Lease
it
within
one
yeare
after
,
though
he
hath
not
béene
in
possession
thereof
,
nor
taken
the
Rents
or
Profites
thereof
by
the
space
of
many
yeares
before
:
For
the
meaning
of
the
Statute
is
not
to
restraine
the
bargaining
,
buying
,
or
selling
of
good
and
cleare
Rights
,
but
of
pretended
Righs
and
Titles
.
And
this
pretenced
Right
or
Title
is
,
What
is
a
pretenced
title
.
when
one
man
is
in
possession
of
Lands
or
Tenements
,
and
another
man
who
is
out
of
possession
of
them
,
doth
clayme
them
,
or
doth
sue
for
them
:
for
hée
is
not
aptly
sayd
to
haue
title
to
land
,
who
is
in
possession
of
the
same
.
And
therefore
if
he
that
is
out
of
possession
of
land
,
doth
bargaine
,
sell
,
or
make
any
Agréement
,
Couenant
,
or
Promise
to
depart
from
the
same
land
,
or
to
make
any
assurance
thereof
,
after
hée
shall
recouer
the
said
Land
,
hee
is
within
the
danger
of
the
said
Statute
,
whether
he
hath
a
good
title
to
the
same
land
,
or
not
.
And
so
it
is
,
if
one
who
hath
a
pretenced
Right
or
Title
to
copyhold
Lands
,
doth
bargaine
and
sell
it
to
another
,
Co.
lib.
4.
26
he
is
within
the
compasse
and
danger
of
the
foresaid
statute
of
Anno
32.
H.
8.
For
the
words
of
the
statute
be
,
If
any
doe
bargaine
,
buy
,
or
sell
&c.
any
right
or
title
in
or
to
any
lands
or
ténements
:
So
that
those
words
(
any
right
or
title
)
doe
extend
to
all
manner
of
rights
or
titles
,
and
consequently
to
copyhold
lands
.
And
séeing
a
great
part
of
the
land
of
the
Realme
is
graunted
by
copie
;
Therefore
the
meaning
of
the
makers
of
the
said
Statute
of
Anno
32.
H.
8.
was
to
include
them
,
for
the
auoiding
of
Suits
,
Maintenance
,
and
Champertie
,
and
not
to
leaue
all
copyhold
estates
to
the
mischiefes
mentioned
in
the
preamble
of
the
sayd
Act.
Maintenance
by
giving
of
Liueries
and
retaining
.
12
Giuing
of
Liueries
,
Badges
,
Signes
,
and
Tokens
,
and
retayning
of
vnnecessarie
seruants
,
is
an
euill
budde
springing
out
of
the
foresayd
Branch
of
Maintenance
,
being
put
in
practise
by
men
of
great
countenance
,
authoritie
,
and
estate
,
and
it
hath
béene
from
age
to
age
accounted
a
meane
to
stirre
vp
quarrels
,
to
boulster
Suites
,
to
procure
Periurie
,
and
to
subuert
iustice
.
And
therefore
the
chiefe
Gouernours
of
this
Realme
haue
endeuoured
by
many
Acts
of
Parliament
to
represse
or
snibbe
it
:
as
by
the
Statute
of
Anno
1.
R.
2.
&
7.
Hen.
4.
it
was
ordained
,
St.
1.
R.
2.
7.
7.
H.
4.
14.
That
if
any
person
shall
giue
any
Chaperons
,
Hats
,
or
such
like
Liueries
to
any
man
for
maintenance
of
quarrels
,
or
other
confederacies
,
he
shall
forfeit
an
hundred
shillings
for
euery
such
Liuerie
:
and
he
which
receiueth
such
Liuerie
,
shall
forfeit
fortie
shillings
.
And
by
the
statute
of
8.
H.
6.
it
was
enacted
,
Sta.
8.
H.
6.
4
That
if
any
person
of
his
owne
authoritie
and
proper
costs
doe
buy
,
or
weare
for
his
clothing
any
Clothes
or
Hats
,
called
Liueries
,
of
the
sort
or
suit
of
any
Lord
,
Ladie
,
Knight
,
Esquire
,
or
other
person
,
to
haue
supportation
,
succour
,
or
maintenance
in
any
quarrell
,
or
in
any
other
matter
,
and
being
therof
lawfully
conuict
,
he
shall
forfeit
fortie
shillings
,
and
be
one
yeare
imprisoned
.
And
by
the
statute
of
Anno
1.
H.
4.
it
was
prouided
,
St.
1.
H.
4.
7.
That
if
any
which
is
a
Knight
or
Esquire
,
meniall
of
the
Kings
,
or
who
is
of
his
retinue
,
to
whom
his
Maiestie
shall
giue
his
honourable
Liuerie
,
doe
weare
his
said
Liuery
in
the
countrey
or
Countie
where
he
is
resiant
or
dwelling
,
or
in
any
other
place
of
the
Realme
out
of
the
Kings
presence
(
sauing
in
going
or
comming
from
the
Kings
house
)
and
is
thereof
duly
attainted
,
he
shall
loose
his
Liuerie
,
and
forfeit
his
fées
for
euer
.
And
by
the
statute
of
Anno
8.
Ed.
4.
it
was
established
,
Sta.
8.
E.
4.
2.
Sta.
1.
H.
4.
7.
That
no
person
by
himselfe
,
or
any
other
for
him
,
shall
giue
any
Liuerie
,
or
Badge
,
or
retaine
any
person
,
other
then
his
meniall
Seruant
,
Officer
,
or
learned
man
in
the
one
Law
or
in
the
other
,
by
any
writing
,
oath
,
or
promise
:
And
if
any
doe
the
contrary
,
hee
shall
forfeit
for
euery
such
Liuerie
or
Badge
giuen
an
hundred
shillings
.
And
he
which
doth
retaine
or
take
of
any
other
such
oath
,
writing
,
or
promise
,
or
is
retained
by
Indenture
,
shall
forfeit
an
hundred
shillings
for
euery
moneth
that
any
person
is
so
retayned
with
him
,
by
Oath
,
Writing
,
Indenture
,
or
Promise
.
And
euery
person
which
is
retained
by
Writing
,
Indenture
,
Oath
,
or
Promise
,
for
euery
moneth
that
he
is
so
retained
,
shall
forfeit
an
hundred
shillings
.
But
this
act
shal
not
extend
or
be
preiudiciall
to
any
Gift
,
Graunt
,
or
Confirmation
made
of
any
Fée
,
Annuity
,
Pention
,
Rent
,
Lands
,
or
Tenements
by
the
King
,
or
any
others
,
to
any
person
or
persons
,
for
their
counsell
giuen
,
or
to
be
giuen
,
or
for
their
lawfull
seruice
done
or
to
be
done
(
and
for
no
other
vnlawfull
cause
,
or
vnlawfull
intent
)
although
the
person
to
whom
such
gift
,
graunt
,
or
confirmation
is
made
,
be
not
learned
in
the
one
law
or
the
other
:
Neither
doth
it
extend
to
any
libertie
giuen
at
the
Kings
or
Quéenes
coronation
,
or
at
the
instalment
of
any
Archbishop
,
or
Bishop
,
or
erection
,
creation
,
or
mariage
of
any
Lord
or
Lady
of
estate
,
or
at
the
creation
of
any
Knights
of
the
Bathe
,
or
at
the
commencement
of
any
clerke
in
an
Vniuersitie
,
or
at
the
creation
of
Serieants
of
the
law
,
or
giuen
by
any
Fraternitie
,
Guild
,
or
Mysterie
corporat
,
or
by
the
Maior
,
Sherife
,
or
other
chiefe
Officer
of
any
Citie
,
Borough
,
Towne
,
or
Port
of
this
Realm
of
England
for
the
time
being
,
during
that
time
,
for
the
executing
of
their
office
or
occupation
:
Nor
to
any
Liueries
or
Badges
,
giuen
in
the
defence
of
the
King
and
his
Realme
:
Nor
to
the
Constable
or
Marshal
for
giuing
any
Badge
,
Liuerie
,
or
token
,
for
any
feats
of
armes
to
bee
done
within
this
Realme
:
Nor
of
any
Wardens
of
the
Marches
toward
Scotland
,
for
any
Badge
,
Liuerie
,
or
token
by
them
giuen
,
from
Trent
Northward
,
at
such
time
onely
as
shall
be
necessarie
to
leuie
people
for
the
defence
of
the
Marches
.
St.
7.
H.
4.
14
And
by
the
stat.
of
anno
7.
H.
4.
it
was
ordained
,
That
no
congregation
or
companie
shall
make
any
Liuerie
of
cloth
,
or
of
hats
,
at
their
owne
costs
,
vpon
paine
that
euerie
of
the
same
congregation
or
companie
,
shall
forfeit
fortie
shillings
(
except
Guilds
and
Fraternities
,
and
also
people
of
Artes
and
Sciences
within
Cities
and
Boroughes
,
which
be
ordained
to
a
good
intent
.
13
As
the
wisedome
of
the
Realme
hath
established
from
one
age
to
another
the
foresaid
lawes
and
statutes
,
Publishing
,
inquiring
of
,
and
punishing
of
maintenance
for
the
repressing
or
snibbing
of
Champertie
,
Embracerie
,
buying
of
titles
,
and
all
other
sorts
of
Maintenance
:
so
hath
she
prouided
trumpets
to
sound
out
and
publish
those
laws
into
the
ears
,
and
sinke
them
into
the
hearts
of
all
people
:
and
secondly
shee
hath
assigned
watchmen
and
sentinels
,
to
sée
who
infringed
those
lawes
:
and
lastly
she
hath
ordained
Censors
and
Iudges
to
punish
the
offendors
therein
;
as
it
appeareth
by
the
before
specified
statute
of
anno
32.
St.
32
H.
8.
9
H.
8.
wherby
it
is
enacted
,
That
the
Iustices
of
Assise
shall
in
euerie
Countie
within
their
circuits
,
two
times
in
the
yeare
,
viz.
in
the
time
of
their
sittings
for
taking
of
Assises
,
or
deliuerie
of
the
Gaoles
,
cause
open
proclamation
to
be
made
as
well
of
the
said
statute
,
and
euerie
thing
therin
contained
,
as
also
of
all
other
statutes
heretofore
made
against
vnlawfull
maintenance
,
champertie
,
embracerie
,
or
vnlawfull
retayners
,
to
the
intent
that
no
person
hearing
the
same
,
should
be
ignorant
,
or
misconisant
of
the
dammages
and
penalties
therein
contained
.
And
by
the
former
rehearsed
statute
of
anno
8.
St.
8.
Ed.
4.
2
E.
4.
it
is
ordained
,
That
euerie
person
which
will
sue
against
any
other
,
for
any
offence
committed
contrarie
to
that
statute
,
or
any
other
of
the
premisses
(
viz.
any
other
ordinance
or
statute
before
that
time
made
against
any
persons
for
giuing
or
receiuing
of
Liueries
or
Badges
)
before
the
Kings
Iustices
in
his
Bench
,
before
the
Iustices
of
the
Common
Pleas
,
Iustices
of
peace
in
their
Sessions
,
Iustices
of
Oier
and
Terminer
,
and
Gaole
deliuerie
,
Iustices
of
the
countie
Palantine
of
Lancaster
and
Chester
,
and
in
the
Court
of
Hexamshire
,
and
in
the
Court
of
the
Bishop
of
Durham
in
the
Countie
Palatine
of
Durham
,
shall
be
admitted
thereunto
by
the
discretion
of
the
said
Iudges
,
to
giue
information
for
the
king
of
any
of
the
premisses
committed
within
the
iurisdiction
of
the
same
Courts
.
And
euerie
Informer
shall
be
admitted
to
sue
for
the
King
and
himselfe
,
action
or
actions
vpon
the
same
,
by
information
in
any
of
the
said
Courts
,
against
as
many
such
offendors
in
one
Bill
of
Information
as
liketh
him
,
which
Information
shall
be
in
stead
of
a
Bill
,
or
originall
writ
,
wherein
such
Proces
shall
bee
awarded
,
as
in
an
originall
writ
of
Trespasse
(
but
that
in
the
Counties
Palantine
of
Lancaster
and
Chester
,
nor
in
Duresme
,
no
Exigent
shall
be
awarded
vpon
any
information
,
suit
,
or
proces
,
to
be
made
by
force
of
this
ordinance
.
)
And
if
any
be
,
or
any
Outlawrie
thereupon
pronounced
,
the
same
shal
be
void
without
any
writ
of
Error
.
And
if
any
of
the
offendors
be
present
in
any
of
the
said
courts
,
any
of
the
Iustices
may
commaund
him
to
be
brought
to
answer
to
such
bill
vpon
such
information
(
by
an
othe
first
to
be
taken
vpon
a
booke
by
such
informer
,
before
some
one
of
the
Iudges
,
that
his
complaint
is
true
)
without
any
other
or
further
proces
therein
.
And
euerie
of
the
same
Iudges
within
his
iurisdiction
may
by
his
discretion
examine
euerie
of
the
defendants
vpon
such
information
,
and
iudge
him
conuict
as
well
by
examination
,
as
by
triall
,
and
the
King
shal
haue
the
one
halfe
of
the
forfeiture
(
if
it
be
not
in
a
citie
or
towne
corporat
,
that
hath
the
same
by
the
grant
of
the
king
,
or
&c.
)
and
the
informer
the
other
halfe
,
which
also
shall
recouer
his
costs
by
the
Iudges
discretion
,
and
execution
thereof
,
as
in
recoueries
vpon
debt
or
trespas
,
wherin
no
Essoine
or
Protection
shall
lye
.
And
the
Maior
,
Sherife
,
Bailife
,
or
other
chiefe
officer
of
euerie
citie
,
borough
,
towne
,
or
port
within
this
realm
,
hauing
power
to
heare
and
determine
personall
pleas
in
the
court
holden
before
them
,
or
any
of
them
,
within
any
such
towne
,
haue
authoritie
to
receiue
information
of
any
person
which
offends
in
the
premisses
,
and
to
heare
&
determine
as
wel
by
examination
as
by
triall
,
all
things
done
concerning
the
same
,
by
,
or
to
the
inhabitants
within
the
iurisdiction
of
the
same
court
,
&
to
put
this
stat.
for
those
offences
prouided
,
in
execution
.
And
the
King
shal
haue
the
one
moitie
of
all
penalties
forfeited
by
the
said
stat.
and
the
Informer
&
chiefe
officers
of
such
citie
,
borough
,
&c.
shall
haue
the
other
moitie
,
equally
to
be
diuided
betwixt
them
.
And
the
said
chiefe
officers
part
shal
be
imployed
to
the
vse
the
said
citie
,
borough
,
towne
,
or
port
,
&c.
And
sithence
the
foresaid
lawes
&
statutes
,
by
one
other
stat.
ordayned
an
.
33.
Iust.
of
peace
may
inquire
of
and
punish
maintenance
.
H.
8.
and
confirmed
an
.
37.
H.
8.
it
was
enacted
,
St.
33.
H.
8.
10.
37.
H.
8.
7.
That
Iust.
of
peace
at
their
Quarter
Sessions
,
shal
haue
authoritie
to
inquire
as
wel
by
the
othes
of
xij
.
men
,
as
by
information
giuen
to
them
,
by
any
person
or
persons
,
of
defaults
,
contempts
,
&
offences
committed
against
the
lawes
&
statutes
made
and
prouided
concerning
,
or
in
any
wise
touching
retainers
,
giuing
of
liueries
,
signs
,
tokens
,
or
badges
,
maintenance
,
embracerie
,
&c.
and
euery
of
them
,
&
to
heare
&
determine
the
said
defaults
,
offences
,
&c.
And
vpon
any
information
touching
the
penalties
,
or
any
of
them
,
to
make
proces
by
Venire
fac
'
,
one
Capias
&
an
Exigent
vnder
their
seals
,
against
euery
such
person
&
persons
against
whom
such
information
or
presentment
shal
be
had
,
for
their
apparance
before
them
in
their
Sessions
,
to
answer
to
such
information
or
presentment
as
shall
be
there
made
.
And
if
the
person
or
persons
so
accused
by
information
or
presentment
shal
be
conuicted
vpon
such
information
or
&c.
by
confession
,
or
verdit
of
xx
.
men
,
then
the
said
Iust.
haue
power
to
giue
iudgement
,
against
euery
such
offendor
so
conuicted
,
of
imprisonment
,
forfeiture
of
money
,
or
both
of
them
,
as
are
limited
by
the
said
seuerall
statutes
for
such
offences
whereof
they
are
conuict
,
and
to
cause
execution
therof
to
be
made
accordingly
.
Why
the
pursuing
of
maintenance
is
left
out
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
maintenance
,
champertie
,
buying
of
titles
,
or
other
embracery
,
to
pursue
vpon
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
them
,
&
not
be
restrained
by
any
of
the
ordinances
or
articles
before
rehearsed
,
for
that
the
said
offences
were
by
the
makers
of
the
said
stat.
adiudged
to
be
greater
impediments
&
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
taken
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.
&
holden
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
maintenance
,
&
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
offence
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
iudgement
shall
ensue
thereupon
.
As
euerie
champertie
is
an
vnlawful
maintenance
,
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
champertie
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
giuen
,
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
themselues
into
that
cause
,
but
were
compelled
to
appeare
by
an
ordinarie
course
of
law
,
being
impanelled
&
returned
by
the
Sherife
,
or
some
other
lawfull
officer
:
Maintenance
by
a
Iuror
suing
for
iudgement
.
but
if
after
the
verdit
giuen
any
of
the
Iurie
wil
solicit
or
labor
to
the
Iudge
or
Iudges
of
the
court
where
the
said
suit
is
depending
,
to
giue
iudgement
for
the
plaintife
,
then
the
def.
may
haue
an
action
of
Maintenance
against
him
,
for
that
the
same
iudgement
is
a
thing
wholly
belonging
to
the
office
of
a
Iudge
,
and
not
of
a
Iuror
,
&
therfore
he
doth
therin
intermeddle
with
another
mans
office
and
another
mans
cause
,
more
than
he
hath
to
do
or
may
iustifie
,
and
so
hath
committed
vnlawfull
maintenance
.
Maintenance
in
a
Iuror
.
18
If
a
Iurie
be
charged
to
inquire
of
a
matter
in
issue
,
17.
E.
4.
5.
18.
Ed.
4.
4.
one
Iuror
may
persuade
his
companions
,
or
any
of
them
,
to
passe
for
the
plaintife
or
def.
as
he
conceiueth
the
truth
of
the
cause
to
be
,
or
as
their
euidence
doth
induce
them
,
&
this
is
no
maintenance
:
but
if
one
of
the
Iurors
will
giue
or
promise
money
to
another
of
his
fellowes
,
to
giue
his
verdit
for
the
pl.
or
def.
this
is
vnlawfull
maintenance
,
though
he
doth
wage
him
to
giue
his
verdit
according
to
truth
,
and
right
of
the
cause
in
issue
.
Maintenance
by
speaking
of
words
.
19
If
a
man
of
great
authoritie
in
a
country
will
in
the
presence
of
a
Iurie
,
22.
H.
6.
5.
13.
H.
4.
19.
and
the
standers
by
at
the
tryall
of
an
issue
say
openly
,
that
he
will
spend
mony
in
the
cause
in
question
,
in
the
behalfe
of
the
pl.
or
the
def.
or
that
hee
will
giue
money
to
labour
the
Iury
,
or
wil
speake
other
great
or
high
words
,
in
fauor
of
one
of
the
parties
,
this
is
vnlawful
maintenance
in
him
,
though
he
do
spend
no
mony
in
that
cause
,
nor
doth
labor
the
Iury
therin
:
for
it
may
be
,
that
when
the
Iury
do
by
his
words
know
his
meaning
,
they
dare
not
in
respect
of
his
authoritie
or
greatnesse
in
that
countie
,
giue
their
verdit
otherwise
than
he
would
haue
them
.
None
shall
sit
with
the
Iust.
of
Assise
on
the
bench
.
And
for
the
preuention
of
that
kind
of
maintenance
,
by
a
stat.
made
An.
20.
R.
2.
it
was
ordained
,
That
no
Lord
,
or
other
of
the
country
,
great
or
small
,
St.
20.
R.
2.
13.
shall
sit
vpon
the
bench
with
the
Iust.
of
Assise
in
their
Sessions
,
in
any
of
the
Shires
of
England
,
vpon
paine
of
a
great
forfeiture
to
the
King
:
neither
the
Iustices
shall
suffer
the
contrarie
to
bée
done
.
Maintenance
in
comming
to
the
barre
with
one
of
the
parties
.
And
in
like
sort
if
a
man
of
great
authoritie
in
the
Countie
where
an
Issue
is
to
be
tried
,
hauing
nothing
to
doe
in
that
cause
,
doth
come
to
the
barre
with
the
plaintife
,
or
defendant
,
22.
H.
6.
6.
that
is
one
of
the
parties
to
an
Issue
that
is
then
to
bée
tryed
,
and
standeth
by
him
,
this
is
an
vnlawfull
maintenance
in
him
,
though
hée
neither
doth
,
nor
yet
speaketh
any
thing
in
the
matter
:
for
his
presence
and
companie
with
the
one
partie
,
doth
shew
to
the
Iurie
his
particular
affection
to
the
same
partie
,
and
doth
ofttimes
induce
them
to
fauour
,
as
much
as
labour
and
persuasion
by
words
could
doe
.
And
though
the
Iurie
doe
not
respect
him
,
but
giue
their
verdict
for
the
other
partie
to
that
suit
,
according
to
their
euidence
and
the
truth
of
the
cause
in
question
,
yet
he
hath
done
what
in
him
lyeth
to
the
contrarie
.
21.
H.
6.
15.
22.
H.
6.
5.
28.
H.
6.
7.
Dyer
fo.
95.
20
And
so
it
is
if
two
be
in
suit
,
and
do
ioyne
in
issue
,
Maintenance
by
giuing
of
money
to
labour
a
Iurie
.
and
the
Master
of
one
of
the
parties
to
that
issue
,
or
any
other
will
deliuer
money
of
his
owne
to
a
stranger
,
to
labour
the
Iurie
impanelled
to
try
that
issue
,
to
giue
their
verdit
for
his
said
seruant
or
friend
:
this
is
maintenance
vnlawfull
in
the
Master
or
other
,
though
the
partie
to
whom
the
money
was
giuen
,
did
neuer
deliuer
it
to
the
Iurie
,
nor
did
not
labour
vnto
them
in
such
sort
as
hée
was
directed
,
or
though
the
Iurie
did
giue
their
verdict
against
his
said
seruant
:
for
when
the
Master
had
deliuered
the
money
to
the
stranger
,
and
told
him
to
what
purpose
he
should
vse
it
,
he
had
done
as
much
as
he
could
do
in
that
suit
,
to
hinder
the
course
of
iustice
,
though
his
direction
tooke
no
successe
according
to
his
desire
.
And
also
it
is
vnlawfull
maintenance
,
if
one
giue
money
to
a
man
that
is
impanelled
of
a
Iurie
to
giue
his
verdict
on
the
one
side
,
though
that
partie
impanelled
doth
not
appeare
,
or
do
appeare
,
and
is
drawne
out
by
challenge
or
otherwise
.
22.
H.
6.
6.
And
it
is
maintenance
vnlawfull
,
if
one
do
threaten
to
kill
or
beat
a
Iuror
,
if
he
do
not
giue
his
verdict
for
the
one
part
to
that
issue
,
which
hee
doth
name
,
though
the
same
Iuror
do
otherwise
.
28.
H.
6.
6.
21
If
a
Iurie
do
come
to
a
mans
house
,
What
is
maintenance
in
a
witnesse
,
and
what
not
.
and
desire
him
to
informe
them
of
the
truth
of
a
matter
whereof
they
do
doubt
,
and
he
doth
informe
them
therof
,
this
is
iustifiable
:
But
if
one
do
come
to
a
Iurie
,
or
of
himselfe
do
labour
to
informe
them
of
the
truth
of
a
cause
in
question
,
this
is
maintenance
vnlawfull
,
and
therefore
punishable
.
And
so
it
is
,
if
the
Court
be
informed
by
the
plaintife
or
defendant
when
an
issue
is
to
be
tryed
,
that
there
is
a
man
at
the
bar
,
or
in
that
place
,
who
doth
know
the
truth
of
the
matter
in
issue
,
and
doth
desire
that
the
same
man
may
be
examined
by
the
Court
to
testifie
the
truth
of
that
cause
in
question
to
the
Iurie
,
and
the
Court
,
doth
cause
him
to
be
called
to
testifie
his
knowledge
therein
,
and
he
at
the
commaundement
of
the
Court
deliuereth
that
which
he
doth
know
in
that
matter
,
this
is
maintenance
iustifiable
:
But
if
the
same
partie
will
come
to
the
barre
of
his
owne
head
,
and
testifie
for
the
plaintife
,
or
the
defendant
,
this
is
vnlawfull
maintenance
,
and
hée
may
be
punished
therefore
.
22.
H.
6.
6.
22
If
one
man
do
labour
to
indict
another
,
by
force
whereof
he
is
indicted
:
Maintenance
by
procuring
of
an
indictment
.
in
this
case
hee
that
is
indicted
may
haue
a
writ
of
Maintenance
against
the
procurer
of
that
indictment
,
and
yet
this
is
no
quarrell
,
but
it
is
a
taking
of
a
part
,
St.
1.
E.
3.
14.
and
so
prohibited
by
the
stat.
of
anno
1.
E.
3.
and
it
is
in
the
nature
of
an
action
betwéene
the
King
and
the
partie
indicted
:
and
the
foresaid
statute
is
generall
,
that
it
shall
not
be
lawfull
to
any
person
great
or
smal
,
to
maintain
quarels
,
or
to
take
parts
,
to
the
let
or
disturbance
of
the
Common
law
.
What
is
maintenance
in
a
mainpernor
.
23
If
a
man
be
arrested
,
indicted
,
or
sued
,
34.
H.
6.
25.
14.
H.
6.
6.
18.
E.
4.
12.
so
that
he
is
compelled
to
become
bound
with
mainpernors
for
his
apparance
,
the
mainpernor
may
come
into
the
Court
and
sée
the
apparance
of
the
same
partie
recorded
,
and
iustifie
the
same
in
a
writ
of
Maintenance
brought
against
him
:
but
he
cannot
retaine
or
intreat
a
man
learned
in
the
law
to
be
of
counsell
with
the
principall
partie
,
nor
meddle
further
in
that
cause
,
than
to
sée
the
mainprise
performed
,
and
himselfe
discharged
.
Maintenance
in
respect
of
his
interest
in
the
land
.
24
Euerie
person
that
hath
any
interest
in
land
,
may
meddle
and
maintain
him
who
is
impleaded
for
the
same
land
,
and
not
bee
punished
therefore
in
a
writ
of
Maintenance
:
As
if
tenant
for
terme
of
life
,
or
in
taile
of
land
,
bée
impleaded
for
the
same
land
,
or
any
part
thereof
,
Bro.
Maint
.
53.
he
in
the
reuersion
or
remainder
thereof
,
may
at
his
owne
charges
maintaine
him
in
that
suit
,
for
the
safegard
of
his
owne
estate
;
for
it
is
in
a
sort
his
owne
case
,
and
the
defence
of
it
is
to
his
owne
benefit
,
and
the
euiction
to
his
owne
disheritance
.
But
this
maintenance
must
be
after
tenant
for
terme
of
life
hath
atturned
vnto
him
in
the
reuersion
:
for
i●
he
maintaine
the
suit
before
,
it
is
punishable
in
him
.
9.
H.
6.
64.
And
so
it
is
,
if
a
man
being
seised
of
land
,
hath
issue
a
daughter
,
who
is
maried
to
another
,
if
the
father
in
law
be
impleaded
of
that
land
in
a
reall
action
,
the
sonne
in
law
may
maintaine
him
at
his
owne
charges
;
for
that
by
possibilitie
that
land
may
after
the
decease
of
his
father
in
law
descend
to
his
wife
,
and
so
come
to
him
in
her
right
.
But
if
the
daughter
dye
without
issue
of
her
bodie
begotten
by
the
said
husband
,
before
the
said
suit
commenced
,
14.
H.
7.
2.
6.
E.
4.
5.
19.
E.
4.
3.
then
the
sonne
in
law
cannot
maintaine
the
father
in
law
in
that
suit
:
Neither
can
hee
maintaine
him
during
the
life
of
his
wife
,
if
an
action
of
Debt
,
couenant
,
account
,
or
any
other
personall
action
be
brought
against
him
:
for
he
is
neither
to
take
benefit
or
losse
by
any
of
those
suits
.
6.
E.
4.
2.
39.
H.
6.
20.
And
if
a
man
seised
of
land
make
a
lease
for
certaine
yeares
of
the
same
,
and
after
a
suit
is
commenced
betwéene
the
said
lessée
for
yeares
,
and
a
stranger
,
touching
the
same
land
,
or
any
part
thereof
,
the
lessor
may
giue
euidence
for
the
lessée
,
vpon
the
triall
of
the
cause
in
question
,
or
otherwise
may
maintaine
him
in
that
suit
,
at
his
owne
charges
,
for
it
tendeth
to
his
owne
priuat
benefit
or
losse
.
And
in
some
case
a
man
may
maintaine
a
suit
lawfully
,
though
he
be
neither
heire
to
the
land
,
nor
in
possession
,
reuersion
,
Maintenance
in
respect
of
his
possibilitie
.
or
remainder
thereof
:
As
if
a
man
being
seised
of
land
,
9.
H.
6.
64.
doe
make
a
lease
thereof
to
another
,
for
the
terme
of
the
life
of
the
lessee
,
and
after
doth
grant
to
a
straunger
,
that
if
the
said
tenant
for
terme
of
life
doe
dye
during
the
same
lessors
life
,
that
then
the
same
stranger
shall
haue
and
enioy
the
same
land
for
the
terme
of
xx
.
yeares
after
the
death
of
the
same
tenant
for
life
;
if
in
this
case
the
tenant
for
life
be
impleaded
for
this
land
,
the
same
stranger
may
maintaine
him
for
the
sauing
of
his
owne
estate
for
yeares
,
and
yet
he
hath
no
certaintie
,
but
a
possibilitie
of
a
terme
for
yeares
,
which
peraduenture
will
neuer
chance
.
And
likewise
in
some
other
case
a
man
may
maintaine
a
suit
lawfully
,
though
he
be
neither
in
possession
,
reuersion
,
remainder
,
or
possibilitie
of
the
thing
in
question
:
Maintenance
in
respect
of
his
warranty
As
if
a
man
be
seised
of
a
rent
going
out
of
another
persons
land
,
11.
H.
6.
49.
to
him
and
to
his
heires
,
and
by
his
déed
doth
graunt
the
same
to
another
and
to
his
heirs
,
with
clause
of
warrantie
,
and
the
tenant
of
the
land
out
of
the
which
this
rent
is
issuing
,
doth
atturne
to
the
grauntée
of
this
rent
,
if
after
the
grauntée
be
impleaded
of
this
rent
,
vpon
tryall
of
the
issue
the
grantor
may
come
into
the
Court
,
and
shew
to
the
Iurors
such
euidence
as
he
hath
to
prooue
the
title
of
this
rent
;
and
it
is
lawfull
maintenance
,
and
not
punishable
in
him
,
though
he
was
neither
called
into
the
Court
by
voucher
to
warrantie
,
or
by
Warrantia
Chartae
.
And
so
might
he
haue
done
,
if
he
had
beene
called
to
warrantie
by
any
of
the
meanes
aforesaid
,
vpon
a
warrantie
made
of
land
or
rent
:
for
it
is
to
preserue
himselfe
out
of
daunger
,
and
from
recompencing
in
value
of
that
whereof
before
he
had
made
warrantie
.
25
As
it
is
in
lands
and
leases
,
so
is
it
in
rents
,
goods
,
and
debts
,
Maintenance
in
respect
of
his
rent
.
for
euerie
person
that
hath
interest
in
them
may
meddle
,
and
maintaine
and
defend
him
who
is
impleaded
or
prosecuted
by
suit
,
or
doth
implead
or
prosecute
by
suit
any
other
,
for
any
matter
or
cause
concerning
him
,
or
whereupon
hee
doth
depend
,
so
that
the
same
suit
doth
tend
to
impeach
,
preiudice
,
or
trouble
his
estate
therein
,
or
may
redound
to
his
benefit
or
profit
,
or
may
be
a
meane
thereof
:
9.
H.
6.
64.
As
if
a
man
haue
a
rent
charge
in
fée
out
of
certaine
lands
,
and
another
man
hath
in
custodie
a
boxe
of
writings
concerning
the
same
rent
,
and
after
hée
that
hath
the
rent
doth
graunt
it
to
a
stranger
and
his
heires
,
to
the
which
graunt
the
tenant
of
the
land
charged
doth
atturne
;
and
moreouer
,
the
grantor
of
that
rent
charge
,
doth
graunt
to
the
assignee
of
the
same
,
that
if
he
can
recouer
the
same
boxe
of
writings
,
that
then
the
same
assignee
shall
haue
them
:
If
after
this
graunt
the
grauntor
doth
pursue
a
writ
of
Detinue
against
him
that
hath
the
custodie
of
this
boxe
of
writings
,
he
to
whom
the
same
rent
charge
was
graunted
,
may
lawfully
maintaine
him
in
that
suit
,
for
that
by
promise
he
is
to
haue
the
same
boxe
of
writings
,
if
it
be
recouered
,
for
the
preseruation
of
his
estate
in
the
said
rent
charge
.
11.
H.
6.
47.
And
a
Lord
may
maintaine
his
tenant
if
he
be
impleaded
for
his
freehold
,
A
Lord
may
maintaine
his
tenant
.
in
respect
of
his
rent
and
seruices
that
he
is
to
receiue
and
haue
of
him
.
And
so
it
was
before
the
Statute
of
Vses
,
made
anno
27.
H.
8.
if
a
man
had
made
a
feoffement
of
land
to
others
,
to
his
owne
vse
,
the
feoffor
might
maintaine
the
freehold
tenant
which
held
of
his
feoffees
,
in
respect
of
the
vse
which
he
hath
in
the
rent
and
seruice
of
that
tenant
.
15.
H.
7.
2.
26
And
the
same
law
is
touching
debt
:
As
if
A.
do
owe
vnto
B.
xx
.
l.
and
C.
doe
owe
to
A.
xx
.
l.
due
by
Obligation
,
Maintenance
in
respect
of
debt
.
and
A.
will
deliuer
vnto
B.
the
same
Obligation
,
in
satisfaction
of
the
xx
.
l.
which
he
doth
owe
him
:
In
this
case
B.
may
sue
an
Action
of
Debt
vpon
this
Obligation
against
C.
in
the
name
of
A.
and
retaine
an
Attourney
and
learned
counsell
,
and
pursue
and
maintaine
the
suit
,
and
so
may
A.
for
either
of
them
hath
interest
in
this
debt
:
and
one
of
them
may
aid
,
assist
,
and
maintaine
the
other
,
to
recouer
his
debt
against
C.
in
respect
of
their
seuerall
interests
in
the
same
debt
.
But
if
in
this
case
A.
had
promised
to
B.
but
part
of
this
debt
,
to
haue
prosecuted
and
maintained
this
suit
,
then
it
had
beene
Champertie
,
and
vnlawfull
maintenance
in
B.
And
the
same
law
is
,
34.
H.
6.
30.
if
one
man
be
bound
by
Obligation
to
pay
another
man
xx
.
l.
to
the
vse
of
a
third
man
:
the
Obligée
,
and
hee
to
whose
vse
the
Obligation
was
made
,
may
both
meddle
in
the
suit
of
this
Obligation
.
27
And
so
it
is
in
goods
:
for
he
that
hath
any
propertie
,
title
,
Maintenance
in
respect
of
his
title
to
goods
.
or
lawfull
possession
in
goods
,
39.
H.
6.
20.
may
maintaine
a
suit
that
is
prosecuted
against
another
touching
the
same
goods
:
As
B.
brought
an
action
of
Debt
against
A.
in
London
,
and
the
Sherife
returned
that
A.
had
nothing
&c.
Wherupon
at
the
plaintifes
surmise
,
certain
goods
of
A.
were
attached
in
the
hands
of
I.
according
to
the
custome
of
the
said
Citie
,
and
a
Scire
facias
was
awarded
against
the
same
I.
to
answer
for
those
goods
,
in
which
A.
did
maintaine
the
same
I.
in
nominating
vnto
him
a
learned
man
in
the
law
,
to
whom
by
his
aduice
he
went
for
his
counsell
,
and
this
was
awarded
maintenance
iustifiable
,
for
that
the
propertie
of
the
goods
fo
attached
in
the
hands
of
I.
were
,
and
did
continue
in
the
said
A.
Maintenance
in
detaing
of
a
writing
deliuered
in
trust
.
So
it
is
if
one
man
doe
deliuer
a
déed
or
other
writing
to
another
to
be
kept
,
if
a
straunger
will
bring
an
action
of
Detinue
against
him
to
whom
the
same
was
deliuered
,
the
partie
who
deliuered
that
writing
,
may
lawfully
maintaine
him
in
that
suit
,
for
the
interest
hee
hath
in
the
same
writing
.
And
yet
the
recouerie
of
that
writing
would
not
haue
bound
him
that
did
deliuer
it
,
but
hée
might
haue
had
his
action
for
the
same
against
him
that
did
recouer
it
.
Maintenance
in
respect
of
his
ioynt
interest
with
others
.
28
As
euerie
person
may
lawfully
maintaine
any
suit
that
shall
be
prosecuted
,
which
concerneth
his
priuat
and
particular
land
,
lease
,
rent
,
debt
,
or
goods
,
so
may
he
maintaine
a
suit
touching
any
land
,
or
other
thing
,
which
hée
hath
ioyntly
or
in
common
with
others
:
18.
E.
4.
2.
As
the
Parson
of
a
Church
brought
an
action
of
Trespasse
against
one
of
his
Parishioners
,
for
digging
of
his
ground
,
and
spoyling
of
his
grasse
:
Whereunto
the
defendant
pleaded
,
That
the
place
where
the
Trespasse
was
supposed
to
be
done
,
is
a
Churchyard
,
consecrate
by
the
Bishop
,
and
that
he
,
and
all
those
who
are
inhabitants
in
the
same
Parish
,
haue
vsed
to
haue
their
Sacraments
and
buriall
for
their
dead
there
:
And
that
one
of
the
inhabitants
of
the
same
Parish
dyed
,
and
hee
with
others
brought
his
bodie
to
the
Church
,
and
after
made
a
graue
for
him
in
the
same
Churchyard
,
and
there
buried
him
,
which
is
the
same
digging
whereof
the
plaintife
hath
conceiued
his
action
:
Whereupon
they
were
at
issue
:
In
this
case
it
was
agreed
by
all
the
Iustices
,
that
euerie
inhabitant
of
the
same
Parish
may
lawfully
giue
euidence
,
and
otherwise
maintaine
this
issue
,
though
they
be
not
parties
thereunto
:
for
euerie
of
them
hath
the
like
interest
in
the
Churchyard
,
Maintenance
by
all
the
inhabitants
of
a
parish
.
as
the
partie
to
that
suit
.
And
the
same
reason
and
law
seemeth
to
be
,
if
there
be
a
suit
commenced
betweene
one
or
more
inhabitants
of
a
village
,
Hamlet
,
or
Parish
,
and
some
other
person
or
persons
,
for
a
common
or
way
,
or
for
the
digging
of
a
pit
of
stone
,
marle
,
grauell
,
morter
,
sand
&c.
vsed
,
or
claimed
to
belong
,
or
of
right
to
bee
due
to
the
inhabitants
of
the
same
Village
,
Hamlet
,
or
Parish
;
after
issue
ioyned
touching
the
right
or
title
of
the
same
common
,
way
,
or
pit
,
the
residue
of
the
inhabitants
of
the
said
Village
,
Hamlet
,
or
Parish
,
may
aide
,
and
assist
their
neighbour
or
neighbours
partie
to
that
issue
,
and
it
is
lawfull
maintenance
,
for
it
tendeth
to
the
benefit
or
preiudice
of
all
the
said
inhabitants
,
and
is
in
a
sort
their
owne
case
.
Maintenance
of
a
poore
man
in
his
suit
.
29
In
a
Writ
of
Maintenance
the
plaintife
supposed
that
the
defendant
did
maintaine
one
A.
in
an
action
which
the
plaintife
brought
against
the
sayd
A.
Whereunto
the
defendant
pleaded
,
That
the
same
A.
was
a
poore
man
,
32.
H.
6.
35.
21.
H.
6.
15.
and
had
nothing
to
defend
himselfe
in
the
suit
which
the
plaintif
had
commenced
against
him
,
and
that
the
defendant
of
his
almes
gaue
him
xx
.
s.
which
is
the
same
maintenance
.
This
was
allowed
a
lawfull
maintenance
,
and
iustifiable
for
any
man
to
doe
:
for
whereas
vnlawfull
maintenance
is
in
case
when
a
man
doth
maintaine
a
suit
,
to
haue
the
whole
or
parcell
of
the
land
,
9.
H.
6.
64.
or
thing
in
question
,
or
to
haue
some
other
consideration
to
further
or
vphold
that
suit
,
or
where
a
man
hauing
nothing
to
do
,
nor
colour
to
meddle
,
yet
wil
vndertake
for
euill
will
to
maintaine
that
cause
in
question
;
this
giuing
mony
to
a
poore
man
to
defend
his
right
,
is
not
to
either
of
the
intents
aforesaid
,
but
bestowed
vpon
a
charitable
disposition
,
to
search
out
truth
,
and
further
the
execution
of
iustice
:
which
appeareth
by
the
stat.
of
11.
H.
7.
wherin
the
king
and
the
whole
parliament
willing
indifferent
iustice
to
be
ministred
,
according
to
the
common
laws
,
as
wel
to
the
poore
as
to
the
rich
,
and
perceiuing
that
the
poore
were
not
of
abilitie
to
sue
according
to
the
law
of
the
realme
,
for
the
redresse
of
their
iniuries
and
wrongs
,
ordained
,
that
the
king
himselfe
,
the
L.
Chancellor
,
and
some
of
each
profession
towards
the
law
,
should
in
a
sort
aid
and
assist
them
:
the
words
of
which
stat.
be
these
,
St.
11.
H.
7.
12
viz
Euerie
poore
person
which
shall
haue
cause
of
action
against
any
other
,
shal
haue
by
the
discretion
of
the
Chancellor
,
Proces
,
counsellors
,
and
Atturneyes
assigned
to
aid
the
poore
.
writs
originall
,
&
writs
of
Subpena
,
according
to
the
nature
of
his
cause
,
nothing
paying
to
the
K.
for
the
seales
of
the
same
,
nor
to
any
person
for
the
writing
of
the
same
writs
.
And
the
said
Chancellor
shall
assigne
such
of
the
clerkes
,
which
shal
vse
the
making
and
writing
of
the
writs
,
to
write
the
same
readie
to
be
sealed
,
and
also
learned
Counsell
&
Atturneyes
for
the
same
,
without
taking
any
reward
therefore
.
And
after
the
said
writs
be
returned
,
if
it
bee
before
the
King
in
his
Bench
,
the
Iustices
there
shal
assigne
to
the
same
poore
person
counsel
learned
by
their
discretions
,
which
shall
giue
their
counsell
,
nothing
taking
for
the
same
.
And
likewise
the
Iustices
shall
appoint
Atturneyes
for
the
same
poore
person
,
&
all
other
officers
requisit
to
be
had
for
the
spéed
of
the
said
suits
,
which
shall
do
their
dueties
,
without
any
rewards
for
their
counsels
,
helpe
,
and
businesse
in
the
same
.
And
the
same
law
and
order
shal
be
obserued
in
all
such
suits
to
be
made
before
the
K.
Iustices
of
his
Common
pleas
,
&
Barons
of
his
Exchequer
,
and
all
other
Iust.
in
Courts
of
Record
,
where
any
such
suits
shal
be
.
30
As
Maintenance
in
the
cases
aforesaid
is
lawfull
and
iustifiable
,
Maintenance
in
respect
of
kindred
or
alliance
.
in
respect
of
the
parties
priuat
profit
or
interest
in
the
thing
in
question
,
or
when
it
is
done
without
malice
or
hope
of
profit
,
vpon
a
charitable
disposition
,
so
is
it
in
diuers
cases
allowable
,
in
regard
of
the
linke
or
bond
of
nature
,
whereby
one
person
is
by
loue
or
dutie
tied
to
another
;
34.
H.
6.
26.
6.
Ed.
3.
33.
as
the
father
may
maintaine
his
son
and
heire
,
and
giue
money
of
his
owne
in
defence
of
him
,
or
his
title
,
or
suit
,
for
he
is
bound
to
find
him
:
but
so
he
may
not
doe
for
another
kinsman
.
And
the
sonne
may
maintaine
the
father
and
mother
,
and
one
brother
another
,
and
one
néere
kinsman
another
,
21.
H.
6.
16.
14.
H.
7.
2.
20.
H.
6.
1.
19.
Ed.
4.
3.
21.
H.
6.
16.
and
one
ally
another
,
in
some
cases
,
and
in
some
sort
:
as
if
a
man
be
impleaded
,
another
that
is
his
brother
,
or
kinsman
,
or
of
his
alliance
,
may
go
to
the
bar
with
him
,
&
stand
by
him
,
&
comfort
him
:
or
he
may
ride
to
his
counsell
with
him
,
or
he
may
request
a
man
that
is
learned
in
the
law
,
to
bée
of
counsell
with
him
in
that
cause
:
9.
Ed.
4.
32.
but
he
must
not
retaine
that
learned
man
,
nor
giue
him
any
mony
of
his
own
to
be
of
counsel
,
neither
must
he
giue
or
promise
money
to
the
Iurors
,
or
any
of
them
,
to
giue
their
verdict
for
him
,
for
then
it
is
vnlawfull
maintenance
in
him
:
&
so
it
is
in
a
stranger
,
who
hath
nothing
to
do
in
that
cause
;
if
he
doe
goe
to
the
barre
with
him
that
is
impleaded
,
or
do
stand
by
him
of
purpose
,
for
to
countenance
the
cause
in
question
,
or
doe
request
a
learned
man
in
the
law
to
bée
of
counsell
with
him
,
or
doe
giue
money
to
any
of
the
Iurors
for
their
verdict
,
this
is
vnlawfull
Maintenance
in
him
.
And
in
the
cases
aforesayd
,
and
all
other
cases
of
Maintenance
,
Vnlawfull
maintenance
is
continuall
.
this
vnlawfull
Maintenance
is
a
continuall
Maintenance
during
that
suit
,
vnlesse
the
partie
grieued
doe
in
the
meane
time
release
the
same
.
But
if
the
same
Maintenance
bee
in
respect
of
alliance
,
and
that
hee
who
is
supposed
to
bee
the
maintainor
,
hath
maried
the
daughter
,
sister
,
néece
,
or
other
kinswoman
of
one
of
the
parties
to
the
first
suit
wherein
the
maintenance
was
supposed
be
,
he
must
pleade
,
6.
Ed.
4.
that
his
wife
was
liuing
at
the
time
of
the
maintenance
supposed
to
be
:
for
if
she
were
then
dead
,
the
alliance
betwéene
them
is
dissolued
,
and
then
he
had
no
cause
to
maintaine
that
suit
,
but
shal
be
punished
as
a
stranger
.
And
yet
in
that
case
,
14.
H.
7.
2.
if
the
same
woman
hath
any
issue
of
her
bodie
begotten
,
who
may
inherit
the
land
of
him
whose
suit
that
husband
of
the
deceased
woman
,
and
the
father
of
that
issue
did
maintaine
,
then
is
the
maintenance
lawfull
in
any
action
brought
against
the
same
partie
,
in
respect
of
the
kindred
,
and
also
of
the
benefit
that
may
come
to
his
owne
issue
.
And
in
a
writ
of
maintenance
it
is
a
good
plea
for
the
defendant
to
plead
,
Maintenance
in
respect
of
gossiprie
.
that
hee
was
gossip
to
him
whose
cause
he
was
supposed
to
maintaine
,
6.
Ed.
4.
5.
for
that
gossiprie
is
in
law
adiudged
a
kind
of
affinitie
.
Maintenance
in
respect
the
partie
could
not
speake
English
.
31
A.
brought
a
writ
of
Maintenance
against
B.
and
supposed
,
34.
H.
6.
26.
15.
H.
7.
2.
that
the
same
B.
did
maintaine
L.
in
an
action
which
he
brought
against
the
said
L.
on
the
part
of
the
said
L.
Whereunto
the
sayd
B.
pleaded
,
that
the
same
L.
was
a
Dutchman
,
borne
out
of
the
Kings
obedience
,
and
could
not
speake
the
English
or
Latine
tongue
,
and
therefore
being
acquainted
with
B.
the
defendant
,
who
could
speake
the
Dutch
tongue
,
he
desired
him
to
bring
him
to
some
man
learned
in
the
law
,
to
be
of
his
counsell
in
that
suit
,
and
to
informe
that
learned
man
of
the
truth
of
his
cause
in
question
:
whereupon
hee
brought
him
to
one
M.
a
man
learned
in
the
law
,
and
opened
the
truth
of
his
case
vnto
the
said
M.
as
he
receiued
it
from
the
said
L.
in
Dutch
,
which
is
the
same
maintenance
.
And
this
was
adiudged
a
good
plea
in
barre
,
and
a
lawfull
maintenance
:
for
it
is
a
déed
of
charitie
to
aid
and
helpe
him
who
could
not
helpe
himselfe
.
And
the
Dutchman
had
no
meanes
to
helpe
himselfe
,
being
a
straunger
borne
,
and
not
vnderstanding
the
English
nor
Latine
tongue
,
but
by
the
assistance
and
information
of
some
English
man
.
Maintenance
in
a
professor
of
the
Law
.
32
If
a
Serieant
at
law
,
an
Apprentice
,
or
other
Councellor
,
6.
Ed.
4.
5.
being
retained
for
his
fee
,
doe
giue
vnto
his
Client
the
best
counsell
that
he
can
for
the
recouerie
or
defence
of
the
suit
which
he
vndertaketh
,
according
to
the
ordinarie
course
of
the
law
:
or
doth
enforce
the
euidence
at
the
barre
so
much
as
he
can
,
at
the
tryall
of
his
clients
cause
,
this
is
lawfull
maintenance
,
and
iustifiable
:
But
if
he
doe
pay
or
promise
money
to
any
of
the
Iurie
,
to
giue
his
verdict
for
his
client
,
or
do
threaten
any
of
them
to
be
killed
,
beaten
,
22.
H.
6.
6.
or
otherwise
euill
intreated
,
if
they
do
giue
their
verdit
against
his
client
:
or
if
he
do
spend
,
11.
H.
6.
13.
or
do
offer
to
spend
his
own
mony
in
defence
of
his
clients
cause
,
this
is
vnlawful
mainnance
,
and
punishable
according
to
the
before
rehearsed
stat.
of
ann.
1.
R.
2.
for
those
things
he
doth
not
as
a
lawyer
,
or
according
to
the
course
of
the
law
,
nor
by
the
warrant
of
law
,
but
by
iniustice
,
and
vpon
his
owne
corruption
and
wrong
.
But
in
the
first
specified
case
,
if
a
man
that
is
not
learned
in
the
law
,
22.
H.
6.
5
hauing
himselfe
no
interest
in
the
cause
in
question
,
will
declare
to
the
Iurie
,
or
to
the
partie
,
or
to
his
counsell
,
the
cause
in
question
,
and
the
circumstances
thereof
,
as
a
man
learned
in
the
law
,
this
is
vnlawfull
Maintenance
in
him
,
though
hee
doe
it
as
well
as
a
man
learned
in
the
law
:
for
hee
doeth
it
vpon
Maintenance
,
where
the
learned
man
doeth
it
for
his
fee
.
And
so
it
is
,
if
a
man
that
hath
land
in
suit
or
question
,
will
bring
and
shew
his
euidences
and
writings
to
a
Nobleman
,
Fitz.
Maint
.
21.
Gentleman
,
or
other
man
of
countenance
,
that
is
not
learned
in
the
law
,
and
request
his
opinion
of
them
,
whether
they
will
serue
to
defend
his
title
in
the
cause
in
suit
,
and
the
partie
doth
affirme
them
to
be
good
and
sufficient
in
law
,
to
iustifie
and
maintaine
his
cause
,
this
is
vnlawfull
maintenance
in
that
person
who
giueth
this
counsell
,
for
by
this
meanes
the
partie
may
be
encouraged
to
prosecute
or
defend
a
suit
which
the
law
will
not
warrant
him
to
effect
.
Co.
li.
1.
177
And
if
L.
being
a
man
that
is
not
learned
in
the
law
,
will
publish
that
B.
hath
good
right
and
title
to
the
Mannor
of
D.
wheras
in
truth
B.
hath
no
good
right
&
title
thereunto
,
but
C.
hath
the
onely
right
&
title
to
the
same
:
in
this
case
because
L.
hath
taken
vpon
him
the
knowledge
of
the
law
,
and
intermedled
in
a
matter
wherin
he
hath
nothing
to
do
,
C.
may
haue
an
action
vpon
the
case
against
the
said
L.
for
slandering
of
his
title
,
and
shall
recouer
his
damages
against
him
,
and
his
ignorance
of
the
law
will
not
excuse
him
.
33
In
an
Action
of
Maintenance
the
plaintife
declared
,
Maintenance
by
an
Atturney
.
That
the
defendant
maintained
one
B.
in
the
court
of
L.
in
an
action
of
Couenant
,
36.
H.
6.
37.
which
the
plaintife
brought
against
the
said
B.
in
the
same
court
.
Whereunto
the
defendant
pleaded
,
That
he
was
retained
to
be
the
Atturney
of
the
same
B.
in
the
said
suit
which
the
plaintife
did
prosecute
against
him
,
by
force
wherof
he
came
to
a
man
learned
in
the
law
,
by
the
commandement
of
the
said
B.
his
client
,
and
desired
him
to
be
of
counsel
with
the
said
B.
and
gaue
him
his
fée
of
the
money
of
the
said
B.
the
which
is
the
same
maintenance
.
And
this
was
adiudged
maintenance
iustifiable
:
for
when
an
expert
and
learned
man
is
Atturney
for
another
,
he
is
to
do
all
lawfull
things
which
he
can
touching
that
suit
,
for
the
benefit
of
his
client
,
with
the
priuitie
or
direction
of
his
client
,
as
in
retaining
of
learned
counsell
,
suing
forth
of
originall
or
iudiciall
proces
,
procuring
a
Iurie
to
be
impanelled
,
Kel
.
fol.
50
:
13.
H.
4.
19.
and
returned
by
the
Sherife
,
by
obtaining
a
Supersedeas
for
his
client
,
when
cause
doth
require
it
,
and
he
may
giue
euidence
to
the
Iury
vpon
the
tryall
of
his
clients
cause
:
and
also
he
may
request
any
of
the
Iurors
impanelled
for
the
triall
of
the
said
cause
,
to
appeare
,
for
the
spéedy
end
of
the
said
suit
.
34.
H.
6.
26.
But
neither
the
same
Attourney
who
is
retained
for
that
only
cause
,
nor
a
generall
Attourney
that
is
constituted
by
any
person
in
al
his
causes
,
according
to
the
stat.
of
West
.
2.
St.
13.
E.
1.
10.
may
do
any
vnlawfull
thing
in
his
clients
behalfe
,
as
to
giue
or
promise
money
,
or
other
reward
,
of
his
owne
,
or
his
clients
,
to
a
Iuror
,
11.
H.
6.
10.
to
giue
his
verdict
for
his
client
,
or
to
threaten
him
if
hée
doe
otherwise
,
or
to
defend
or
offer
to
defend
his
clients
cause
at
his
owne
charges
:
or
to
procure
the
Sherife
to
returne
a
Iurie
at
his
denomination
for
the
tryal
of
his
clients
cause
:
for
in
all
these
cases
last
specified
,
the
maintenance
is
vnlawfull
and
punishable
;
for
he
cannot
do
them
as
an
Attourney
,
but
as
a
straunger
,
a
maintainor
,
and
of
his
owne
wrong
.
And
if
a
man
do
maintaine
a
suit
by
an
Atturney
,
22.
H.
6.
24.
an
action
of
Maintenance
doth
lye
against
the
Master
.
Maintenance
in
a
Sherife
or
his
bailifes
And
if
the
Sherife
of
any
Countie
,
his
Vndersherife
,
or
any
Bailife
,
do
any
of
the
things
aforesaid
,
13.
H.
4.
19.
in
any
suit
prosecuted
betwéene
partie
and
partie
,
other
than
impanell
a
Iury
,
and
summon
them
to
appeare
at
a
day
&
time
prefixed
by
the
kings
writ
,
it
is
vnlawfull
maintenance
in
him
.
22.
H.
6.
35.
34
In
an
action
of
Maintenance
the
defendant
pleaded
,
Maintenance
in
respect
of
neighborhood
.
That
he
whom
it
is
supposed
that
he
maintained
,
is
his
neighbour
,
and
that
hee
came
vnto
him
,
and
told
him
that
the
plaintife
had
procured
a
Capias
to
arrest
him
,
&
therefore
praied
the
defendant
to
giue
him
counsell
,
what
he
were
best
to
doe
,
and
hée
this
defendant
aduised
his
said
neighbour
,
to
goe
to
London
,
and
to
yéeld
his
bodie
to
the
Iustices
,
and
to
procure
a
Supersedeas
,
which
is
the
same
maintenance
whereupon
the
action
is
brought
.
And
this
was
adiudged
no
vnlawfull
maintenance
,
but
a
neighbourly
and
friendly
counsell
,
which
euerie
person
may
giue
to
another
.
For
if
a
husbandman
,
or
any
other
doe
come
to
his
neighbour
,
and
tell
him
that
a
stranger
doth
owe
him
money
,
or
doth
detaine
his
goods
from
him
,
and
request
his
counsell
,
that
neighbour
may
aduise
him
to
bring
an
action
of
Debt
or
Detinue
against
the
same
straunger
:
12.
Ed.
4.
14.
19.
Ed.
4.
3.
Or
if
one
neighbour
shall
tell
another
,
that
hée
hath
a
cause
to
put
in
suit
,
and
desire
that
hee
will
instruct
him
what
learned
man
in
the
law
he
doth
know
to
whom
he
may
repaire
for
counsell
,
his
neighbour
may
informe
him
of
such
one
as
hee
taketh
to
bee
learned
,
and
also
may
goe
with
him
to
that
learned
man
,
and
bee
present
when
he
doth
retaine
him
of
his
counsell
,
and
open
his
case
vnto
him
,
and
also
,
hee
being
a
meane
man
and
of
small
countenance
or
authoritie
in
the
countrey
,
may
goe
to
the
barre
,
and
stand
by
him
at
the
tryall
of
his
cause
in
question
:
but
if
that
neighbour
shall
giue
any
money
to
the
counsellor
,
to
be
retained
with
his
neighbour
,
or
shall
giue
any
money
or
other
reward
to
the
Sherife
,
or
Vndersherife
,
or
to
any
Bailife
,
to
arrest
the
other
partie
in
his
neighbours
behalfe
,
or
to
answer
his
suit
,
then
is
it
vnlawfull
maintenance
in
him
,
and
hee
is
by
action
of
Maintenance
to
bee
punished
therefore
.
Where
the
master
may
maintaine
his
seruant
.
35
In
an
action
of
Maintenance
brought
by
A.
against
B.
the
plaintife
declared
,
31.
H.
6.
8.
that
where
he
brought
another
action
before
against
C.
the
said
defendant
did
maintaine
the
same
C.
in
the
same
first
action
:
whereunto
B.
the
defendant
pleaded
,
That
the
same
C.
is
his
seruant
,
retained
in
his
seruice
for
one
whole
yeare
,
and
therefore
he
retained
one
M.
an
Apprentice
of
the
law
,
to
be
of
counsell
with
the
said
C.
his
seruant
,
and
paid
the
said
M.
his
fee
,
with
part
of
the
wages
due
to
the
said
C.
which
was
the
same
maintenance
:
and
this
was
adiudged
a
good
plea
in
barre
,
and
lawfull
maintenance
;
22.
H.
6.
35.
9.
H.
6.
64.
28.
H.
6.
12.
19.
Ed.
4.
3.
19.
H.
6.
30.
for
it
is
lawfull
for
the
Master
to
request
a
man
that
is
learned
in
the
law
to
be
of
counsel
with
his
seruant
in
his
suit
,
and
to
pay
the
same
counsellor
his
fée
,
with
part
of
the
wages
of
his
said
seruant
,
and
to
goe
with
his
seruant
to
the
barre
at
the
tryall
of
his
cause
in
question
,
which
the
law
doth
allow
him
to
doe
,
in
respect
the
sooner
to
deliuer
his
seruant
from
suit
and
trouble
,
that
hée
may
not
loose
the
benefit
of
his
seruice
,
for
the
longer
he
doth
lacke
his
mans
seruice
,
the
greater
is
the
Masters
losse
.
And
if
the
seruant
be
arrested
in
any
priuiledged
place
,
the
Master
may
maintaine
him
,
and
spend
his
owne
money
to
deliuer
him
,
in
respect
that
otherwise
he
should
loose
his
seruice
:
for
by
that
meanes
he
doth
maintaine
him
in
his
owne
behalfe
,
and
to
auoid
his
owne
hinderance
.
But
if
the
seruant
be
impleaded
in
a
reall
action
,
wherein
he
may
appeare
,
and
answer
by
Attourney
,
and
that
his
owne
presence
is
not
requisit
,
21.
H.
7.
40.
then
the
master
may
not
maintaine
him
therein
,
for
that
the
Master
shall
receiue
no
preiudice
if
the
land
in
question
shall
be
recouered
from
his
seruant
.
And
in
like
sort
the
seruant
may
maintaine
the
Master
,
How
the
seruant
may
maintaine
his
Master
.
in
any
suit
commenced
by
or
against
his
said
Master
in
all
lawfull
manner
:
As
,
he
may
trauaile
in
furtherance
of
his
Masters
suit
,
19.
H.
6.
31.
19.
Ed.
4.
3.
he
may
retaine
his
counsell
with
his
Masters
money
,
and
shew
his
counsell
,
or
the
Iurie
,
vpon
the
tryall
of
his
Masters
cause
in
question
,
his
Masters
euidence
:
for
he
is
bound
to
doe
his
Master
his
diligent
seruice
,
and
that
which
his
Master
commaundeth
him
to
do
touching
his
suit
,
is
his
Masters
seruice
.
But
that
seruant
which
may
iustifie
to
maintaine
his
Master
in
such
sort
as
is
aforesaid
,
must
be
a
seruant
who
is
retained
with
his
Master
for
a
yeare
,
39.
H.
6.
5.
or
some
long
time
,
and
to
do
all
such
seruices
as
he
shal
be
imployed
in
by
his
said
Master
:
for
if
he
be
a
seruant
onely
hired
for
a
day
,
two
,
or
thrée
,
or
to
ride
but
some
one
iourney
,
or
to
do
but
some
one
speciall
seruice
,
then
if
he
do
maintaine
his
Master
,
or
his
Master
maintaine
him
in
any
sort
,
as
aforesaid
,
it
is
vnlawfull
maintenance
in
him
.
But
if
in
either
of
the
cases
aforesaid
,
the
Master
for
his
seruant
,
or
the
seruant
for
his
Master
,
shall
giue
or
promise
money
,
or
other
reward
,
to
any
of
the
Iurie
,
to
giue
his
verdict
,
or
do
threaten
any
of
them
to
be
killed
,
beaten
,
maimed
,
dispossessed
of
their
farmes
,
12.
E.
4.
14.
19.
H.
6.
31.
or
do
giue
his
owne
money
to
the
Sherife
to
arrest
the
other
partie
to
that
suit
,
then
it
is
punishable
by
action
of
Maintenance
,
in
him
that
shal
so
offend
.
❧
Deceit
,
Couin
,
Collusion
,
Fraud
.
1
DEceit
,
Couin
,
Collusion
,
and
Fraud
,
bée
great
offences
to
the
Commonweale
,
and
speciall
impediments
of
the
iustice
and
peace
of
the
Realm
,
wherof
there
be
so
many
,
and
of
so
generall
sorts
and
kinds
,
as
there
be
wicked
deuises
in
the
hearts
of
men
,
and
lewd
persons
to
put
them
in
practise
.
And
it
were
a
worke
almost
as
infinite
,
to
diuulge
the
particulars
,
and
to
reduce
into
writing
all
the
Deceits
,
The
multitude
and
enormitie
of
Deceits
and
Frauds
.
Couins
,
Collusions
,
and
Frauds
,
which
in
time
haue
béene
inuented
and
effected
,
as
it
were
to
poise
the
weight
of
the
sands
of
the
sea
,
or
to
decipher
the
number
of
the
starres
of
the
element
:
for
by
how
many
meanes
a
man
may
trust
,
by
so
many
and
more
hee
may
bee
deceiued
.
And
therefore
I
will
vndertake
to
treat
of
no
more
than
our
common
and
statute
lawes
haue
detected
,
and
accused
to
bée
deceits
,
frauds
,
&c.
and
amongst
others
,
but
of
those
which
the
makers
,
expositors
,
and
Sages
of
our
lawes
haue
noted
to
be
chiefely
offensiue
,
and
most
opposite
to
the
due
execution
of
iustice
,
vpon
which
this
peace
,
whereof
I
doe
write
,
doth
chiefely
depend
.
For
the
wisedome
of
this
Realme
,
first
in
the
making
of
our
lawes
,
and
after
in
expounding
them
,
haue
bent
their
chiefe
care
to
crush
and
beat
downe
Deceit
and
Fraud
,
plainely
séeing
,
that
the
greatest
part
of
the
crimes
which
bée
committed
in
this
kingdome
,
from
the
highest
treason
to
the
smallest
trespasse
,
haue
some
intermixture
with
them
:
And
that
if
they
with
their
dependants
could
bée
fully
extirpat
,
both
iustice
and
peace
would
more
brightly
flourish
.
And
notwithstanding
they
doe
not
begin
their
quarrels
with
rapier
and
dagger
,
sword
and
buckler
,
as
some
other
of
the
offences
before
mentioned
do
,
yet
is
there
grafted
in
the
root
of
them
as
much
gawle
and
venim
,
and
more
durable
and
bitter
extremities
do
spring
from
them
,
than
●oe
ensue
by
the
Canon
shot
,
the
light
horsemans
staffe
,
or
the
footmans
bill
:
For
though
some
part
of
euerie
kings
raign
hath
had
a
calme
and
repose
from
war
and
hostilitie
,
yet
neuer
any
age
or
yeare
was
cléerely
fréed
of
falshoods
,
corruptions
,
deceits
,
and
frauds
.
2
The
wisedome
of
the
Realme
perceiuing
how
necessarie
a
thing
iustice
is
,
and
how
opposite
and
repugnant
vnto
it
deceits
and
frauds
bee
,
doth
therefore
specially
prouide
to
make
choyce
of
such
men
of
all
sorts
,
The
reward
for
paines
and
punishments
for
deceit
of
officers
towards
the
law
.
to
execute
the
same
iustice
,
as
she
is
persuaded
by
their
learning
and
experience
can
,
&
by
their
vertue
&
integritie
will
performe
to
euerie
person
his
due
,
and
tread
&
beat
downe
fraud
,
whose
pains
she
doth
requite
with
reuerend
respect
,
liberal
rewards
,
titles
of
credit
,
&
large
priuiledges
.
But
if
she
do
find
any
of
the
said
officers
whom
she
putteth
in
trust
,
to
deceiue
her
expectation
,
and
to
practise
falshood
or
guile
,
then
she
doth
as
sharply
punish
them
,
as
she
did
before
munificently
wage
them
:
As
appeareth
by
the
stat.
of
An.
8.
St.
8.
R.
2.
4.
R.
2.
wherby
it
was
ordained
,
A
Iudge
,
A
Clerke
.
That
if
any
Iudge
or
Clerke
do
make
any
false
entring
of
a
plea
,
rase
any
rol
,
or
change
any
verdict
,
whereby
any
person
receiueth
disheritance
,
&
he
be
thereof
conuict
before
the
K.
and
his
Counsell
,
he
shal
be
punished
by
fine
&
ransome
at
the
K.
pleasure
,
and
satisfie
the
partie
:
And
for
the
recouerie
of
the
inheritance
,
the
partie
shall
sue
by
writ
according
to
the
law
.
And
for
the
auoyding
of
corruption
which
may
happen
in
officers
in
those
courts
&
places
,
wherein
there
is
requisit
to
be
had
the
true
administration
of
iustice
;
&
to
the
intent
that
worthy
persons
should
bée
preferred
to
the
places
of
iustice
,
&
none
other
should
attaine
the
same
for
fée
or
reward
,
by
a
stat.
made
An.
5.
Stat.
5.
&
6.
E.
6.
16.
&
6.
E.
6.
it
was
enacted
,
No
office
of
iustice
shal
be
sold
or
bought
That
if
any
person
bargaine
or
sell
any
office
,
or
deputation
of
office
,
or
take
any
mony
,
fée
,
reward
,
or
other
profit
,
directly
or
indirectly
,
or
take
any
promise
,
agréement
,
couenant
,
bond
,
or
assurance
,
to
receiue
or
haue
any
mony
,
reward
,
&c.
for
any
office
,
or
the
deputation
of
any
office
,
or
any
part
of
any
of
them
,
or
to
the
intent
that
any
person
shold
enioy
any
office
,
or
the
deputation
of
any
of
them
,
or
any
part
or
parcel
of
any
of
them
,
which
office
,
or
any
part
of
it
doth
concerne
the
administration
or
execution
of
iustice
,
or
which
shall
concern
any
clerkeship
,
to
be
occupied
in
any
court
of
record
,
wherin
iustice
is
to
be
ministred
:
then
he
so
offending
,
shall
not
loose
onely
all
his
right
&
estate
,
which
hée
shall
then
haue
of
,
in
,
or
to
the
sayd
office
,
or
deputation
;
but
also
he
that
shal
giue
or
promise
any
money
,
fée
,
or
reward
,
for
any
such
office
,
or
deputation
,
shall
immediatly
vpon
the
said
gift
,
or
promise
,
be
adiudged
a
disabled
person
in
the
law
to
all
intents
,
to
haue
or
enioy
the
said
office
or
deputation
.
And
euerie
such
bargain
,
sale
,
bond
,
couenant
,
promise
,
and
assurance
,
shall
bée
void
,
to
and
against
him
by
whom
the
same
is
made
.
But
this
Act
shall
not
be
preiudiciall
to
the
chiefe
Iust.
of
the
K.
Bench
&
Common
pleas
,
or
to
the
Iust.
of
Assise
,
but
they
may
do
in
euerie
behalfe
concerning
any
office
to
be
granted
by
any
of
them
,
as
they
might
haue
done
before
the
making
of
the
same
Act.
And
because
the
prouidence
of
the
realm
did
conceiue
some
iealousie
&
suspition
in
those
learned
men
in
the
lawes
of
this
realm
,
who
by
their
owne
means
&
industrie
,
&
for
their
own
commoditie
and
ease
,
obtained
to
be
Iust.
of
Assise
in
the
counties
where
they
were
borne
,
or
did
dwell
,
and
did
feare
that
affection
&
fauor
towards
their
kinsmen
,
allies
,
neighbors
,
and
friends
,
might
sometime
allure
them
to
decline
from
the
beaten
path
of
iustice
,
therfore
by
one
stat.
made
An.
8.
St.
8
R.
2.
2.
St.
33.
H.
8.
14.
R.
2.
&
another
An.
33.
H.
8.
it
was
enacted
,
No
man
shal
be
iustice
of
Assise
in
his
owne
countie
.
That
no
Iustice
,
nor
other
man
learned
in
the
laws
of
this
realm
,
shal
exercise
the
office
of
Iust.
of
Assise
within
the
countie
where
he
was
borne
or
doth
inhabit
,
vpon
pain
to
forfeit
for
euery
offence
done
contrary
to
this
act
C.
l.
to
the
K.
&
him
that
will
sue
by
B.
P.
I.
or
action
of
debt
,
wherin
no
W.
E.
P.
But
this
stat.
doth
not
extend
to
any
Clerk
of
Assise
,
associat
to
any
Iust.
of
Assise
:
nor
to
the
Iustices
,
Iustices
Clerks
,
or
Clerk
of
Assise
withithin
the
Duchie
,
and
County
Palantine
of
Lancaster
:
nor
to
the
I.
of
the
one
Bench
or
the
other
,
for
taking
,
hearing
,
&
determining
of
Assises
in
the
said
courts
:
nor
to
any
Iust.
that
shal
take
any
Assise
vpon
adiournment
,
for
difficultie
of
the
same
:
nor
to
any
Maiors
,
Sherifes
,
Recorders
,
Stewards
,
Bailifs
,
Sutors
,
or
other
officers
in
any
citie
,
borough
,
or
towne
,
but
they
may
be
I.
of
Assise
,
of
Fresh
force
,
and
of
other
Assises
,
in
the
same
towne
&c.
where
he
or
they
do
dwell
,
or
were
borne
,
as
they
might
haue
bin
before
.
And
in
like
sort
by
the
stat.
of
W.
1.
A
Serieant
,
A
Pleader
.
it
was
established
,
That
if
any
Serieant
,
Pleader
,
St.
3.
Ed.
1.
2
or
other
,
do
any
deceit
in
the
K.
court
,
or
do
consent
therunto
,
to
beguile
the
court
,
or
the
partie
,
&
is
therof
attainted
,
he
shal
be
imprisoned
a
yeare
&
a
day
,
and
being
a
counsellor
,
he
shal
not
any
more
be
receiued
to
plead
in
the
K.
court
for
any
man
,
and
if
he
be
any
other
than
a
pleader
,
he
shal
be
imprisoned
as
aforesaid
.
And
if
the
trespas
require
a
greater
punishment
,
it
shal
be
at
the
K.
pleasure
.
And
by
the
stat.
of
An.
10.
A
Philozer
,
An
Exigenter
.
H.
6.
&
An.
18.
H.
6.
it
was
enacted
,
That
if
any
Philozer
,
Exigenter
,
St.
10.
H.
6.
4
18.
H.
6.
9.
or
any
other
officer
of
the
K.
Bench
,
or
Common
pleas
,
do
make
any
entry
in
any
suit
,
that
the
plaintife
in
the
same
suit
hath
offered
himselfe
in
his
owne
proper
person
,
except
the
pl.
in
the
same
suit
(
before
such
entrie
be
made
)
do
appeare
in
his
own
proper
person
before
some
of
the
Iust.
of
the
place
where
the
plea
is
depending
,
&
there
be
sworn
vpon
a
book
,
that
he
is
the
same
person
in
whose
name
the
said
suit
is
pursued
,
or
that
some
other
credible
person
of
the
K.
counsell
wil
take
such
oth
for
him
,
the
said
philozer
,
exigenter
,
&c.
shal
forf.
xl
.
s.
to
the
K.
euery
time
that
he
shal
be
attainted
by
the
examination
of
any
of
the
I.
of
the
same
place
where
any
such
entry
or
record
is
.
3
And
because
Atturneies
be
also
necessary
members
in
the
commonweale
,
&
special
means
to
solicit
&
further
the
execution
of
iustice
,
therfore
the
law
hath
had
a
careful
regard
that
they
should
be
men
of
integrity
,
vertuous
,
and
of
good
name
;
and
hath
prouided
seueral
stat.
to
punish
such
of
them
as
shall
commit
any
notorious
falshood
,
guile
,
fraud
,
slacknes
,
ignorance
,
omission
,
or
contempt
of
dutie
:
As
by
the
stat.
of
An.
4.
H.
4.
it
was
ordained
,
St.
4.
H.
4.
18
That
all
Atturnies
shal
be
examined
by
the
Iust.
&
by
their
discretions
their
names
shal
be
put
in
the
rol
,
&
they
that
be
good
,
vertuous
,
learned
,
&
of
good
name
,
shal
be
receiued
&
sworne
wel
&
truly
to
serue
in
their
offices
,
&
specially
,
that
they
make
no
suit
in
a
forein
county
.
And
if
any
such
Atturney
be
notoriously
found
in
any
default
of
record
,
or
otherwise
,
he
shal
forsweare
the
court
,
&
neuer
after
be
receiued
to
make
any
suit
in
the
K.
courts
.
And
this
ordinance
shal
be
performed
in
the
Exchequer
after
the
discretion
of
the
treasurer
&
the
barons
there
.
And
accordingly
by
one
other
stat.
made
an
.
3.
Ia.
it
was
enacted
,
St.
3.
Iac.
7.
That
none
shall
from
henceforth
be
admitted
Atturneies
in
any
of
the
K.
courts
of
record
at
West
.
but
such
as
haue
bin
brought
vp
in
the
same
courts
,
Who
shal
be
Atturneyes
.
or
otherwise
wel
practised
in
soliciting
of
causes
,
Soliciters
.
&
haue
bin
found
by
their
dealing
to
be
skilful
,
&
of
honest
disposition
:
and
none
to
be
suffered
to
solicit
any
cause
or
causes
in
any
of
the
courts
aforesayd
,
but
only
such
as
are
known
to
be
men
of
honest
disposition
.
And
no
Atturney
shal
admit
any
other
to
follow
any
suit
in
his
name
,
Following
a
suit
in
anothers
name
.
vpon
paine
that
both
the
Atturney
&
he
that
followeth
the
suit
in
his
name
,
shal
each
of
them
forf.
for
such
offence
xx
.
l.
to
the
K.
and
the
party
grieued
,
to
be
recouered
in
any
of
the
said
courts
of
record
,
by
A.
B.
P.
I.
wherin
no
W.
E.
P.
&c.
And
the
Atturney
in
such
case
shal
be
excluded
from
being
an
Atturney
for
euer
hereafter
.
By
the
stat.
of
an
.
18.
H.
6.
it
was
enacted
,
St.
18.
H.
6.
9
That
in
all
cases
wherin
proces
of
Capias
&
Exigent
lyeth
,
if
the
Atturney
haue
not
his
warrant
of
record
,
the
same
terme
that
the
Exigent
is
awarded
,
he
shal
lose
xl
.
s.
to
the
K.
if
he
be
attainted
therof
by
examination
of
the
Iust.
And
by
the
stat.
made
an
.
32.
H.
8.
St.
32.
H.
8.
30.
St.
18.
El.
13.
&
an
.
18.
El.
it
was
established
,
That
euery
such
person
which
shal
be
Atturney
for
any
other
person
or
persons
,
being
demandant
or
plaintife
,
tenant
or
defendant
,
in
any
action
or
suit
commenced
in
any
of
the
K.
courts
of
record
at
West
.
&
plead
to
an
issue
in
the
same
,
shal
deliuer
or
cause
to
be
deliuered
,
his
lawfull
warrant
of
Atturney
,
to
be
entred
of
record
for
euery
of
the
said
actions
or
suits
wherin
he
is
named
an
Atturney
,
to
the
officer
or
his
deputy
ordained
for
the
receit
or
entring
therof
,
in
the
same
terme
when
the
issue
is
entred
of
record
in
the
said
court
,
or
before
,
vpon
paine
of
forf.
of
x.
l.
for
euery
default
,
for
not
deliuery
of
the
said
warrant
:
the
one
moity
to
the
K.
his
heirs
&
successors
,
the
other
to
such
officer
,
to
whom
,
or
in
whose
office
the
same
warrant
shold
be
deliuered
,
entred
,
or
filed
,
to
be
rec
.
by
A.
of
det
.
B.
P.
or
I.
wherin
no
W.
E.
P.
&c.
&
also
he
shal
suffer
such
imprisonment
as
by
the
discretion
of
the
I.
of
the
Court
(
where
any
such
default
shall
be
made
)
shall
be
thought
good
.
Fit
.
N.
B.
9
6
If
a
man
make
an
Atturney
in
a
real
action
brought
against
him
,
Deceit
by
an
Atturney
.
&
after
by
couin
agréed
vpon
betwéene
the
demandant
and
the
said
Atturney
,
the
same
Atturney
maketh
default
,
whereby
the
tenant
doth
loose
his
land
:
then
the
same
tenant
who
lost
his
land
,
may
haue
a
writ
of
Deceit
against
the
Atturney
.
And
so
it
is
,
if
a
man
bring
an
action
of
Trespasse
against
two
others
,
Register
fo.
113.
Fit
.
N.
B.
96.
and
the
plaintife
and
an
Atturney
by
couin
agréed
vpon
betwéene
them
,
doe
cause
two
straungers
,
not
parties
to
the
writ
,
to
come
into
the
court
,
and
to
say
,
that
they
be
the
same
two
defendants
named
in
the
writ
,
and
that
they
do
constitute
the
same
man
to
be
their
Atturney
in
that
suit
:
wherupon
the
same
Atturney
,
as
Atturney
to
the
defendants
named
in
the
writ
,
do
plead
to
an
issue
,
and
after
suffer
the
enquest
to
passe
by
his
default
,
by
which
meanes
the
plaintife
doth
recouer
against
the
defendant
:
in
this
case
they
who
be
indéed
defendants
,
and
against
whom
the
same
action
of
Trespasse
was
brought
,
may
haue
a
writ
of
Deceit
against
the
same
Atturney
,
that
appeared
as
Atturney
for
them
,
and
shall
recouer
their
dammages
.
10.
Ed.
4.
9.
20.
Eliz.
Dyer
367.
If
an
Atturney
be
informed
by
his
client
,
to
plead
a
false
plea
,
which
he
cannot
in
conscience
plead
,
he
may
procure
this
Entrie
to
bée
made
,
Quod
non
fuit
veracitér
informatus
,
ideo
nihil
&c.
to
defend
him
in
a
writ
of
Deceit
brought
against
him
by
his
said
client
.
If
an
Atturney
do
sue
forth
a
Capias
where
there
was
no
originall
writ
before
,
20.
H.
6.
39.
he
shal
be
committed
to
prison
,
and
thrust
out
of
his
place
in
that
and
all
other
Courts
.
4
As
the
law
doth
punish
her
Officers
who
do
practise
or
commit
any
deceit
or
fraud
,
in
stead
of
truth
,
in
place
of
iustice
,
The
law
reiecteth
fraudulent
acts
.
so
doth
she
renounce
and
condemne
all
acts
of
greatest
importance
,
if
they
be
intermixt
with
guile
and
falshood
:
For
though
Iudiciall
acts
,
as
Fines
,
Recoueries
,
Warranties
,
deedes
inrolled
,
&c.
being
of
their
owne
natures
iust
and
lawfull
,
and
meanes
to
settle
titles
,
to
appease
controuersies
,
and
to
yeeld
each
person
his
due
,
bee
therefore
greatly
respected
and
fauoured
in
her
sight
;
yet
if
any
of
them
be
deuised
,
or
executed
by
couin
,
or
to
deceiue
,
then
she
doth
vtterly
reiect
them
,
and
adiudge
them
void
.
Co.
li.
3.
77.
As
a
man
was
Lord
of
the
Mannor
of
D.
wherein
there
was
a
tenant
which
had
some
parcels
of
freehold
land
in
fee
simple
:
the
Lord
demised
certaine
lands
,
parcell
of
the
demesnes
of
his
said
Mannor
to
the
said
freeholder
,
for
xxj
.
yeares
,
reseruing
certaine
rent
,
and
demised
some
other
lands
,
parcell
of
the
said
demesnes
,
to
the
same
fréeholder
at
will
,
reseruing
another
rent
,
and
graunted
by
copie
of
Court
roll
certaine
other
lands
,
parcell
of
the
same
Mannor
,
to
the
sayd
freeholder
,
for
the
terme
of
life
,
according
to
the
custome
of
the
sayd
Mannour
,
reseruing
a
third
rent
:
And
after
the
same
freeholder
demised
all
the
sayd
lands
,
which
hee
held
by
lease
,
for
yeares
,
at
will
,
and
by
copie
in
D.
to
a
straunger
for
the
terme
of
life
:
and
then
the
same
freeholder
leuied
a
fine
with
proclamations
,
of
so
many
messuages
,
so
many
acres
of
land
,
medow
,
pasture
,
&c.
as
he
had
by
lease
for
yeres
,
at
will
,
by
copie
of
Court
roll
,
&
of
his
owne
inheritance
in
D.
by
couin
&
fraud
,
to
barre
the
lord
of
his
inheritance
.
All
the
proclamations
were
made
,
and
the
fiue
yeres
were
past
,
the
same
fréeholder
continued
in
possession
of
the
land
which
was
graunted
to
him
by
lease
for
yeres
,
at
will
,
and
by
copie
,
and
paid
to
the
Lord
yerely
his
seuerall
rents
for
the
same
.
And
after
the
stranger
to
whom
the
fréeholder
made
the
lease
for
life
,
died
,
and
the
lease
which
the
Lord
made
to
the
fréeholder
for
xxj
.
yeares
expired
.
And
then
the
same
freeholder
claimed
the
inheritance
of
all
the
land
which
the
Lord
demised
vnto
him
for
yeares
,
at
will
,
&
by
copie
,
intending
to
barre
the
Lord
thereof
,
by
force
of
the
fine
with
proclamations
,
&
the
fiue
yeares
past
.
But
this
fine
was
adiudged
void
against
the
Lord
,
and
that
it
did
not
barre
him
to
clayme
and
enter
vpon
his
land
,
for
that
it
was
leuied
by
him
,
who
had
but
estate
in
those
lands
for
yéeres
,
at
will
,
or
by
copy
of
court
Roll
,
and
that
neither
had
nor
could
pretend
any
title
to
the
inheritance
of
the
land
,
but
only
by
fraud
practised
the
disheritance
of
the
leassor
.
And
whereas
the
meaning
of
the
makers
of
the
statute
of
Anno
4.
H.
7.
St.
4.
H.
7.
24
was
(
as
it
may
appeare
by
the
preamble
of
the
same
)
that
fines
ought
to
be
of
the
greatest
strength
to
auoid
strifes
and
debates
,
when
the
lessée
for
yeares
,
at
will
,
or
copyholder
shall
make
an
assurance
by
fraud
and
couin
,
A
fine
leuied
of
land
to
defraud
the
right
owner
therof
.
to
the
intent
a
fine
may
be
leuied
,
to
disherit
the
right
owner
of
his
land
,
this
is
not
a
meanes
to
auoid
or
appease
strife
,
but
to
begin
it
,
where
none
was
before
:
and
therefore
the
same
statute
did
not
intend
to
ratifie
such
an
estate
begun
by
deceit
.
And
further
,
the
meaning
of
the
makers
of
the
said
statute
was
not
,
That
he
who
could
not
leuie
a
fine
of
this
land
,
in
respect
of
the
debilitie
of
his
estate
therin
,
should
be
enabled
by
his
owne
practise
and
deceit
to
leuie
a
fine
therof
,
to
barre
him
who
had
a
lawfull
title
therein
,
and
a
right
to
leuie
a
fine
thereof
.
And
the
same
lessée
for
yeares
,
tenant
at
will
,
and
copyholder
contriued
his
fraud
in
so
secret
manner
,
that
by
his
couert
practise
he
depriued
his
lessor
of
the
remedy
which
the
said
statute
of
Anno
4.
H.
7.
did
giue
him
,
viz.
to
make
his
entry
,
or
to
pursue
his
action
within
fiue
yeares
,
which
he
could
not
do
,
being
ignorant
of
the
lease
for
life
which
his
tenant
had
made
of
this
land
to
a
stranger
:
and
also
conceiuing
that
the
lessée
hauing
land
of
his
owne
fée
simple
in
the
same
towne
,
he
leuied
a
fine
of
that
land
,
which
hee
might
lawfully
doe
.
And
the
deceit
and
fraud
in
this
case
is
the
more
odious
,
because
it
was
practised
by
the
lessée
against
his
lessor
,
and
by
the
copyholder
against
his
Lord
,
who
is
by
the
law
bound
to
do
fealty
to
the
lessor
and
Lord
,
which
is
a
bond
of
confidence
,
and
a
linke
of
trust
.
And
if
a
man
seised
of
land
in
fée
,
Fit
.
Fines
120.
do
make
a
lease
to
another
thereof
for
terme
of
life
,
and
the
lessée
for
life
doth
leuie
a
fine
therof
to
a
stranger
,
he
in
the
reuersion
may
enter
into
the
same
land
for
a
forfeiture
,
and
put
forth
the
conusée
in
the
fine
,
and
auoid
the
fine
,
for
it
was
leuied
by
deceit
,
to
defraud
him
of
his
reuersion
.
If
a
fine
be
leuied
of
lands
to
secret
vses
to
deceiue
the
purchasor
of
the
same
land
,
it
may
be
auerred
to
be
leuied
by
fraud
,
and
so
by
the
statute
of
27.
El.
4.
auoided
.
St.
27.
Eli.
4.
And
so
if
a
fine
be
leuied
vpon
an
vsurious
contract
,
and
that
be
auerred
,
the
same
fine
shal
be
void
by
the
stat.
of
13.
Eliz.
8.
St.
13.
Eli.
8
A
fine
leuied
of
ancient
demesne
lands
to
defraud
the
Lord
.
5
The
law
is
as
prouident
to
protect
mens
seigniories
,
rents
,
and
seruices
from
euiction
by
deceit
,
as
she
is
their
lands
and
tenements
:
&
knowing
that
a
fine
in
some
cases
leuied
by
couin
of
the
one
,
may
be
as
preiudiciall
to
his
inheritance
,
as
of
the
other
,
hath
therefore
ordained
seuerall
remedies
to
redresse
seuerall
wrongs
:
as
if
a
man
seised
of
lands
in
ancient
demesne
,
do
leuy
a
fine
thereof
at
the
common
law
to
another
,
this
is
a
deceit
to
the
lord
of
that
manor
of
whom
the
said
lands
be
holden
,
21.
Ed.
3.
20
Fit
.
Nat.
Br.
98.
&
therefore
he
may
haue
a
writ
of
Deceit
against
the
cognisor
and
the
tenant
of
the
lord
,
&
thereby
auoid
the
said
fine
,
and
then
he
that
leuied
the
said
fine
shall
be
restored
to
the
possession
,
and
the
title
which
he
had
before
in
the
same
land
,
and
also
the
same
land
shall
returne
and
become
auncient
demesne
as
it
was
before
,
for
that
the
said
fine
shal
be
vtterly
void
.
21.
Ed.
3.
56.
And
he
that
is
lord
of
a
manor
of
auncient
demesne
but
for
the
terme
of
his
life
only
,
may
maintaine
this
writ
of
Deceit
.
And
so
may
he
in
reuersion
,
if
tenant
for
the
terme
of
life
doe
not
bring
it
during
his
life
,
and
either
of
them
by
his
said
writ
may
auoid
the
same
fine
:
for
by
the
leuying
of
a
fine
at
the
common
law
of
lands
in
ancient
demesne
,
8.
E.
4.
6.
or
by
recouerie
of
them
at
the
common
law
,
the
same
lands
do
become
Franke
fée
,
and
pleadable
at
the
common
law
,
and
so
the
lord
should
be
deceiued
of
his
right
,
and
loose
his
seigniorie
in
them
.
And
the
writ
of
Deceit
will
auoid
the
said
fine
or
recouerie
,
because
the
fine
was
leuied
,
and
the
recouerie
was
suffered
coram
non
iudice
,
in
deceit
of
the
Lord
,
viz.
not
before
that
Iudge
,
nor
in
that
Court
where
they
ought
to
haue
béene
.
17.
Ed.
3.
31.
7.
H.
4.
44.
8.
H.
4.
23.
Fitz.
Na.
Br.
98.
But
if
a
man
seised
of
lands
,
whereof
parcell
be
auncient
demesne
,
and
parcell
Franke
fée
,
doe
leuie
a
fine
at
the
common
law
of
both
parcels
:
in
this
case
though
the
Lord
of
the
auncient
demesne
doe
by
his
writ
of
Deceit
auoid
the
fine
for
so
much
as
is
ancient
demesne
,
yet
the
residue
of
those
lands
which
be
Franke
fée
,
shall
continue
in
force
:
for
a
fine
leuied
of
them
was
no
wrong
or
deceit
to
any
.
6
And
the
same
law
is
where
land
is
recouered
by
deceit
:
A
writ
of
Deceit
to
auoid
a
recouery
.
as
if
one
man
do
bring
a
Praecipe
quod
reddat
against
another
,
and
demaund
certaine
land
,
by
force
whereof
the
tenant
ought
to
be
summoned
to
be
before
the
Iustices
at
a
certaine
day
,
and
the
shirife
doth
returne
the
tenant
of
the
land
,
against
whom
the
said
Praecipe
is
brought
,
Fit
.
Nat.
Br.
97.
summoned
,
whereas
in
truth
he
was
not
summoned
:
by
which
false
returne
and
deceit
of
the
shirife
,
the
demaundant
doth
vpon
the
Graund
Cape
recouer
seisin
of
the
land
by
default
of
the
tenant
:
in
this
case
the
tenant
to
whom
this
deceit
is
done
,
3.
E.
3.
28.
Fitz.
Deceit
49.
may
after
iudgement
giuen
for
the
demaundant
,
haue
a
writ
of
Deceit
against
him
that
did
recouer
,
and
against
the
shirife
for
his
false
return
.
And
by
this
writ
of
Deceit
the
tenant
shal
be
restored
to
his
land
againe
,
18.
E.
4.
11.
so
that
it
be
brought
during
the
life
of
the
summoners
,
viewers
,
and
pernors
,
or
any
of
them
:
for
if
it
bee
not
brought
vntill
all
the
summoners
,
viewers
,
and
pernors
be
dead
,
it
will
not
lye
,
for
after
the
death
of
them
the
tenant
shall
not
haue
a
writ
of
Deceit
;
for
proces
shal
be
awarded
against
the
summoners
,
viewers
,
and
pernors
to
appeare
in
Court
,
and
by
the
examination
of
them
it
is
to
be
tried
whether
the
tenant
was
summoned
,
or
not
:
50.
Ed.
3.
16.
8.
H.
6.
1.
Fitz.
Deceit
48.
Fitz.
Deceit
32.
33.
34.
46
for
the
summons
must
be
made
by
two
summoners
at
the
least
,
and
two
viewers
.
And
if
any
of
them
did
not
their
duty
,
then
the
writ
was
not
executed
as
it
ought
to
haue
béene
,
and
therefore
the
plaintife
in
the
writ
of
Deceit
ought
to
be
restored
.
But
the
K.
shall
haue
the
issues
of
the
land
in
the
meane
time
.
And
if
the
demaundant
,
who
did
recouer
by
the
shirifes
false
returne
,
do
make
a
feoffement
of
the
land
,
then
the
writ
of
Deceit
must
be
brought
against
the
demaundant
,
the
feoffée
,
and
the
shirife
:
and
if
the
demaundant
that
doth
recouer
,
8.
E.
3.
6.
10.
Ed.
3.
43.
&
the
shirife
also
,
be
both
dead
,
yet
the
writ
of
Deceit
may
be
brought
against
the
heire
of
the
demaundant
,
and
the
tenant
of
the
land
,
if
the
summoners
,
viewers
,
and
pernors
be
liuing
.
And
if
a
man
do
lose
his
land
by
default
in
a
Praecipe
quod
reddat
,
Fit
.
Nat.
Br.
98.
Fitz.
Deceit
43.
80.
whereby
he
was
not
summoned
,
and
then
dieth
,
his
heire
may
haue
a
writ
of
Deceit
as
well
as
his
auncestor
,
and
shall
haue
restitution
:
and
the
vouchée
The
vouchée
.
may
haue
a
writ
of
Deceit
,
where
he
doth
loose
by
default
,
if
he
were
not
summoned
.
7
And
so
it
is
,
if
a
man
sue
a
Scire
facias
against
another
,
Deceit
to
auoid
a
recouerie
vpon
a
Scire
facias
.
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
&
couenants
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
As
the
law
doth
both
condemne
&
reiect
fines
and
recoueries
,
Warranties
deuised
by
fraud
.
which
bée
practised
or
put
in
execution
by
fraud
or
deceit
,
so
doth
she
renounce
and
make
frustrate
all
sorts
of
warranties
that
be
deuised
or
contriued
vpon
collusion
or
couin
to
defeat
or
defraud
others
of
their
iust
&
lawfull
titles
:
for
though
warranties
be
much
fauored
in
the
law
,
for
that
they
be
meanes
to
establish
the
title
of
those
who
be
tenants
of
land
in
possession
,
but
yet
if
any
of
them
be
vndertaken
,
performed
,
or
mixed
with
fraud
,
then
it
doth
not
only
loose
his
fauor
,
but
also
his
force
in
law
.
Co.
lib.
5.
79
50.
Ed.
3.
12.
43.
E.
3.
7.
As
if
land
be
giuen
to
the
father
for
the
terme
of
his
life
,
the
remainder
to
his
sonne
&
heire
apparant
in
taile
,
and
the
father
by
couin
&
agréement
betwéene
him
and
another
(
to
barre
his
sonne
by
a
collaterall
warranty
of
his
remainder
)
will
make
a
lease
of
the
same
land
to
that
other
person
,
who
will
make
a
feoffement
in
fée
to
a
third
person
of
the
same
land
,
to
whom
the
father
will
release
with
warranty
:
and
then
the
father
dieth
,
&
the
warranty
doth
discend
vpon
his
sonne
being
of
full
age
:
yet
this
warranty
wil
not
barre
the
sonne
of
this
land
:
for
the
feoffement
of
the
lessée
for
yéeres
was
a
disseisin
,
and
the
father
was
partaker
of
the
offence
,
an
actor
,
&
agréeing
thereunto
:
and
though
the
release
with
warranty
was
made
after
the
disseisin
,
yet
séeing
the
disseisin
was
made
to
that
end
,
the
law
doth
adiudge
the
whole
fact
from
the
beginning
to
be
fraudulent
,
the
warranty
to
begin
by
disseisin
,
&
so
all
that
assurance
to
be
void
against
the
heire
in
taile
.
And
in
like
sort
,
other
warranties
that
do
commence
by
disseisin
,
be
contriued
to
deceiue
&
defeat
the
right
heirs
of
their
iust
and
lawfull
titles
.
20.
H.
6.
10.
Regist.
f.
113
44.
Ed.
3.
4.
12
If
one
do
bring
a
Praecipe
quod
reddat
against
two
other
men
,
Deceit
by
getting
of
a
Protection
.
and
they
do
purchase
a
protection
for
one
of
them
,
suggesting
that
he
is
to
go
beyond
the
sea
in
the
kings
seruice
,
whereas
he
doth
not
so
,
but
remaineth
still
in
England
,
and
so
hath
done
euer
sithence
his
protection
purchased
,
by
which
meanes
the
demaundant
is
delayed
of
his
suit
:
in
this
case
the
same
demaundant
may
haue
a
writ
of
Deceit
against
the
said
tenants
for
this
deceit
and
delay
,
and
shall
recouer
his
dammages
.
Deceit
by
purchasing
a
writ
to
charge
another
.
13
Whereas
according
to
the
course
of
the
Chauncery
,
Fit
.
Nat.
Br.
96.
the
king
is
to
haue
of
euery
person
,
who
doth
bring
against
another
an
action
of
Debt
of
the
summe
of
fortie
pounds
,
or
more
,
vj.
s.
viij
.
d.
for
a
fine
,
and
for
an
hundred
markes
,
vj.
s.
viij
.
d.
and
so
for
euery
hundred
markes
vj.
s.
viij
.
d.
and
for
euery
Praecipe
quod
reddat
brought
of
land
,
to
the
yearely
value
of
fiue
markes
,
vj.
s.
viij
.
d.
and
so
according
to
that
rate
(
vnlesse
it
be
a
writ
of
right
patent
.
)
If
any
other
person
doe
purchase
a
writ
in
the
Chauncerie
in
my
name
,
without
my
priuitie
,
whereby
I
shall
be
charged
to
pay
to
the
king
for
a
fine
any
of
the
summes
aforesaid
,
I
may
haue
an
action
of
Deceit
against
him
,
and
recouer
my
dammages
,
for
this
writ
was
obtained
to
put
me
to
charges
,
and
thereby
to
deceiue
me
of
so
much
.
Deceit
for
purchasing
a
writ
in
anothers
name
.
14
If
A.
being
patron
of
a
Benefice
,
Fitz.
Na.
Br.
96.
Regist.
f.
112.
7.
H.
6.
45.
when
the
Church
is
void
do
present
his
Clerke
to
the
Ordinary
,
and
B.
doth
disturbe
him
,
whereupon
C.
doth
purchase
a
Quare
impedit
against
B.
in
the
name
of
A.
returnable
in
the
common
pleas
,
A.
not
knowing
thereof
,
and
after
doth
cause
the
writ
to
be
abated
,
or
A.
to
be
nonsuit
in
that
writ
:
in
this
case
A.
may
haue
a
writ
of
Deceit
against
the
same
C.
and
recouer
his
dammages
.
Deceit
for
procuring
of
a
suit
.
And
if
B.
doe
procure
C.
to
sue
an
action
against
A.
whereby
A.
is
vexed
,
Fitz.
Na.
Br.
98.
A.
may
haue
a
writ
of
Deceit
against
B.
Deceit
by
acknowledging
of
a
statute
.
15
If
A.
and
B.
doe
come
before
the
Mayor
of
the
Staple
,
Fitz.
Na.
Br.
105
&
100.
Regist.
f.
115
or
before
any
other
Mayor
of
any
Citie
,
Borough
,
or
Towne
,
hauing
authority
to
take
acknowledgement
of
debts
,
and
there
A.
doth
acknowledge
a
statute
to
B.
of
an
hundred
pounds
,
or
&c.
in
the
name
of
C.
and
doth
report
himselfe
to
be
C.
where
he
is
not
so
,
whereupon
C.
is
troubled
,
and
this
statute
extended
against
him
,
then
the
same
C.
may
haue
a
writ
of
Deceit
against
the
said
A.
and
B.
and
shall
recouer
his
dammages
.
And
so
it
is
,
if
another
man
will
leuie
a
fine
of
my
land
in
my
name
,
Deceit
by
doing
of
a
iudiciall
act
in
anothers
name
.
or
confesse
an
action
brought
against
me
in
my
name
,
or
will
enter
into
a
voucher
in
my
name
,
19.
H.
6.
44.
Regist.
f.
113
and
confesse
the
demaundants
action
,
or
will
acknowledge
a
Recognizance
,
or
statute
Marchant
,
or
other
matter
of
Record
in
my
name
,
I
haue
no
other
remedie
but
by
an
action
of
Deceit
.
But
it
is
otherwise
,
if
he
seale
and
deliuer
an
obligation
in
my
name
:
for
I
may
plead
that
it
is
not
my
déed
,
which
I
cannot
doe
against
a
Record
.
Deceit
by
forging
of
a
resignation
.
16
If
a
Notarie
,
Fitz.
Na.
Br.
99.
Regist.
f.
114
and
other
persons
doe
by
agréement
counterfeit
the
seale
of
any
Parson
or
Vicar
,
and
forge
letters
of
resignation
of
his
Parsonage
or
Vicarage
,
in
the
name
of
the
same
Parson
or
Vicar
,
by
which
meanes
he
is
remoued
from
the
possession
of
the
same
Parsonage
or
Vicarage
,
he
may
haue
a
writ
of
Deceit
against
the
same
forgers
.
20.
H.
6.
36.
21.
H.
7.
41.
16.
Ed.
4.
9.
17
If
a
man
doe
bargaine
with
another
to
enfeoffe
him
of
certaine
lands
within
twenty
daies
,
Deceit
by
assuring
of
land
to
one
man
,
which
was
bargained
to
another
.
or
&c.
and
after
he
doth
enfeoffe
a
stranger
of
the
same
land
,
the
he
with
whom
the
bargaine
was
made
,
and
was
deceiued
therein
,
may
haue
a
writ
of
Deceit
against
him
that
so
bargained
and
defeated
him
thereof
.
And
so
it
is
,
if
a
man
doe
compound
with
another
to
purchase
a
mannor
,
or
certaine
land
for
him
,
and
hée
doth
buy
it
for
himselfe
,
the
partie
may
haue
an
action
of
Deceit
against
the
same
purchasor
.
And
in
all
cases
,
where
a
man
doth
promise
to
doe
a
thing
,
and
he
doth
it
falsely
,
a
writ
of
Deceit
is
maintainable
against
him
:
Deceit
by
charging
of
land
after
sale
.
as
if
a
man
doe
promise
to
assure
land
to
another
,
and
after
he
doth
graunt
a
Rent
charge
,
or
a
common
out
of
it
,
or
doth
make
a
Lease
for
life
or
yeares
of
it
,
and
then
doth
assure
it
to
the
bargainée
,
this
is
deceit
,
and
a
writ
of
Deceit
is
maintenable
against
him
for
it
,
for
though
he
hath
assured
the
land
,
he
hath
not
assured
it
clére
and
discharged
,
according
to
his
bargaine
,
but
hath
deceiued
the
purchasor
therein
.
11.
E.
4.
6.
18
If
a
man
doe
sell
a
piece
of
cloth
to
another
,
Deceit
vpon
a
warranty
.
and
warrant
it
to
be
fortie
elles
long
,
and
it
is
not
so
long
,
the
buyer
may
haue
a
writ
of
Deceit
against
the
seller
of
the
same
cloth
,
by
force
of
his
warranty
,
although
the
warranty
be
by
word
onely
,
6.
Ed.
6.
Dyer
76.
without
writing
,
so
that
it
be
at
the
time
of
the
bargaine
made
.
But
if
the
warranty
be
at
another
time
after
the
bargaine
made
,
then
the
buyer
must
haue
some
writing
to
testifie
this
warranty
,
or
otherwise
hée
shall
not
haue
a
writ
of
Deceit
against
the
seller
.
9.
Ed.
4.
13.
Fit
.
Nat.
Br.
98.
19
If
an
action
of
Debt
bee
brought
against
two
as
executors
,
Deceit
by
confession
of
an
action
brought
against
executors
.
whereas
one
of
them
was
neuer
executor
nor
administrator
,
and
if
he
which
is
executor
do
make
default
,
&
he
who
was
not
executor
doe
appeare
,
&
confesse
the
action
,
he
that
was
named
executor
may
haue
against
the
other
an
action
of
Deceit
:
for
he
hath
vndertaken
to
plead
a
plea
to
the
action
of
debt
,
which
he
could
not
doe
,
and
that
also
to
the
deceit
and
hurt
of
another
.
26.
H.
8.
7.
20
If
a
man
doe
marry
a
wife
possessed
of
goods
,
Couin
by
aliening
of
his
wiues
goods
.
those
be
the
husbands
,
to
giue
and
dispose
at
his
pleasure
during
the
mariage
betwéene
them
.
But
,
if
after
they
be
diuorced
,
the
wife
shall
haue
her
goods
againe
,
vnlesse
the
husband
hath
giuen
or
sold
them
before
the
Diuorce
,
for
in
that
case
the
wife
is
without
remedie
.
And
yet
if
the
husband
doe
alien
those
goods
by
couin
,
to
the
intent
to
defraud
and
defeat
his
wife
of
them
,
and
after
they
be
diuorced
,
then
shee
may
auerre
the
couin
,
and
recouer
the
goods
from
the
alienée
.
35.
H.
6.
5.
Co.
lib.
3.
78
83.
li.
5.
83.
21
Though
buying
of
goods
in
an
open
marketh
doth
worke
an
alteration
of
the
property
of
the
same
goods
,
Sale
of
goods
in
open
market
by
couin
.
and
doth
bind
the
Title
as
well
of
all
strangers
as
of
the
owner
(
if
the
goods
be
sold
in
such
a
shop
or
place
as
is
commonly
vsed
for
the
selling
of
goods
of
the
same
kind
or
nature
)
yet
if
one
man
do
steale
,
purloine
,
or
iniuriously
take
away
another
mans
goods
,
and
then
by
couin
betwéene
him
and
a
third
person
doth
sell
the
same
goods
in
an
open
&
vsual
place
of
sale
,
7.
H.
7.
12
in
an
open
market
or
faire
,
to
the
third
person
,
who
at
the
time
of
buying
of
the
same
goods
,
did
know
that
the
seller
came
not
lawfully
by
them
,
or
that
they
were
not
his
goods
,
this
is
a
void
sale
.
And
in
respect
of
this
Couin
,
the
first
and
right
owner
of
these
goods
may
lawfully
take
and
carrie
them
away
,
notwithstanding
the
said
sale
in
open
market
.
Fraudulent
assurances
to
defeat
the
discontinuée
in
tayle
.
22
If
the
father
being
tenant
in
tayle
of
certaine
lands
,
M.
34.
E.
1.
Fitz.
Garrantie
88
,
will
make
a
feoffement
thereof
to
another
with
warrantie
,
and
so
discontinue
the
estate
taile
,
hauing
assets
of
other
lands
in
fée
simple
,
to
leaue
to
discend
to
his
son
and
heire
,
and
then
within
few
dayes
before
his
death
will
alien
the
same
fée
simple
land
to
his
sonne
and
heire
,
and
to
his
heires
,
vpon
couin
,
and
to
the
intent
that
the
same
fee
simple
land
should
not
be
pleaded
to
come
by
discent
from
the
sayd
father
to
his
sonne
,
nor
adiudged
as
Assets
by
discent
in
his
hands
:
yet
this
couin
being
found
by
verdict
in
a
writ
of
Formedon
brought
against
him
by
the
heire
of
the
land
entailed
,
shall
giue
the
discontinuée
aduantage
to
plead
,
that
the
same
heire
had
assets
by
discent
in
fee
simple
left
him
by
his
said
father
:
for
that
the
law
doth
adiudge
this
alienation
made
by
the
father
to
the
sonne
a
little
before
his
death
,
by
couin
to
defraud
the
discontinuée
of
his
lawfull
plea
,
to
be
as
no
alienation
,
but
that
the
father
dyed
seised
of
the
same
fée
simple
land
,
and
that
it
came
to
his
sonne
and
heire
by
discent
.
23
Because
Lords
of
Mannors
,
lands
and
tenements
,
haue
as
great
right
to
enioy
the
wardship
of
the
bodies
and
lands
of
their
wards
,
Fraudulent
conueyance
to
defeat
a
Lord
of
his
wardship
.
as
they
haue
to
their
other
inheritances
,
lands
,
and
goods
,
and
it
is
as
great
an
iniury
to
deceiue
them
thereof
by
couin
and
collusion
,
as
to
defeat
and
defraud
them
of
their
other
lawfull
titles
:
therefore
by
a
statute
made
at
Marlebridge
anno
52.
H.
3.
it
was
enacted
,
That
if
any
man
do
enfeoffe
his
eldest
sonne
or
heire
,
St.
52.
H.
3.
6
being
within
age
of
his
inheritance
,
that
therby
the
Lord
might
loose
his
wardship
,
yet
notwithstanding
such
feoffement
,
the
chiefe
Lord
shall
haue
his
wardship
.
And
by
the
said
statute
it
was
further
ordained
,
That
if
any
persons
meaning
to
demise
their
lands
for
terme
of
certaine
yeares
(
that
they
might
thereby
defeat
the
Lords
of
the
fee
of
their
wardships
)
will
faine
false
feoffements
,
containing
,
that
they
are
satisfied
of
the
whole
seruice
due
vnto
them
,
vntill
a
certaine
terme
,
and
that
such
feoffées
are
bound
to
pay
at
the
said
term
a
great
summe
,
to
the
value
of
the
same
lands
,
or
much
aboue
,
so
that
after
the
said
terme
the
land
shall
reuert
to
them
or
their
heires
,
for
that
no
man
wil
desire
to
hold
the
same
of
so
great
a
price
,
yet
by
such
fraud
no
chiefe
Lord
shall
loose
his
wardship
.
And
if
the
chiefe
Lords
do
by
iudgement
of
the
Court
recouer
their
wardships
,
yet
the
feoffees
shall
haue
their
action
reserued
,
to
recouer
their
terme
or
fée
,
when
the
heires
shall
come
to
their
lawfull
age
.
And
for
the
further
preuention
of
couin
in
auoiding
of
wardships
,
by
one
other
stat.
made
anno
34.
H.
8.
it
was
ordained
,
St.
34.
H.
8.
5
That
if
any
person
or
persons
hauing
estate
of
inheritance
of
or
in
any
Mannors
,
lands
,
tenements
,
or
hereditaments
,
holden
of
the
king
by
Knights
seruice
,
in
chief
,
or
otherwise
of
the
king
by
Knights
seruice
,
or
of
any
other
person
or
persons
by
Knights
seruice
,
haue
giuen
at
any
time
since
the
20.
day
of
Iuly
anno
32.
H.
8.
&
anno
Dom.
1540
:
or
hereafter
shall
giue
,
will
,
deuise
,
or
assigne
by
will
or
other
act
executed
in
his
life
,
his
mannors
,
lands
,
tenements
,
or
hereditaments
,
or
any
of
them
by
fraud
or
couin
to
any
other
person
or
persons
,
for
terme
of
yeares
,
life
,
or
liues
,
with
one
remainder
ouer
in
fee
,
or
with
diuers
remainders
ouer
for
terme
of
yeares
,
life
or
liues
,
with
one
Remainder
ouer
in
fée
simple
to
any
person
or
persons
,
or
to
his
or
their
right
heires
:
Or
at
any
time
since
the
said
20.
day
of
Iuly
,
hath
conueyed
,
or
hereafter
shall
conuey
,
or
make
by
couin
(
contrarie
to
the
true
intent
of
the
Act
prouided
34.
H.
8.
for
the
making
of
Wils
)
any
estates
,
conditions
,
mesnalties
,
tenures
,
or
conueyances
,
to
the
intent
to
defraud
or
deceiue
the
King
of
his
Prerogatiue
,
primer
seisin
,
liuerie
,
reliefe
,
wardships
,
mariages
,
or
rights
;
or
any
other
Lords
of
their
wardships
,
reliefes
,
heriots
,
or
other
profits
which
should
or
ought
to
accrue
,
growe
or
come
vnto
them
,
or
any
of
them
,
by
or
after
the
death
of
his
or
their
tenant
,
by
force
and
according
to
the
Statutes
made
32.
H.
8.
1.
&
34.
H.
8.
5.
and
the
same
estates
,
and
other
conueyances
béeing
found
by
office
to
be
so
made
by
couin
,
fraud
,
or
deceit
,
contrary
to
the
true
intent
of
the
said
Acts
:
Then
the
king
shal
haue
as
wel
the
wardship
of
the
bodie
,
and
custodie
of
the
lands
&c.
as
liuery
,
primer
seision
,
reliefe
and
other
profits
,
which
should
or
ought
to
appertaine
to
him
,
according
to
the
true
meaning
of
the
said
acts
,
as
though
no
such
estates
or
conueyances
by
couin
had
neuer
béene
had
or
made
,
vntill
the
said
office
be
lawfully
vndone
by
trauerse
or
otherwise
.
And
the
other
Lord
and
Lords
of
whom
any
such
lands
&c.
shal
be
holden
by
Knights
seruice
,
as
is
aforesaid
,
shall
haue
their
remedy
in
such
cases
,
for
his
or
their
wardships
of
bodies
,
and
lands
,
by
writ
of
right
of
ward
,
and
shall
distraine
and
make
auowrie
or
cognisance
by
themselues
or
their
bailifes
for
their
reliefes
,
heriots
,
and
other
profits
,
which
should
haue
béene
to
them
due
,
by
or
after
the
death
of
their
tenant
,
as
if
no
such
estate
or
conueyance
had
béene
had
or
made
:
Sauing
the
right
and
title
of
the
donees
,
feoffées
,
leasées
,
and
deuisées
thereof
against
the
said
deuisor
and
his
heyres
,
after
the
interest
and
title
of
the
King
or
other
Lord
therein
ended
.
24
If
the
father
doe
make
a
feoffment
of
his
lands
holden
by
Knights
seruice
,
Fitz.
Collusion
29.
33.
H.
6.
14.
Co.
li.
1.
122.
to
his
eldest
sonne
,
He
that
is
not
partie
to
a
fraud
shall
sustaine
no
losse
.
then
by
the
foresaid
Statute
of
Marlebridge
the
Lord
of
whom
the
same
lands
be
holden
is
inpossibilitie
to
haue
the
wardship
of
the
said
sonne
,
if
the
father
die
,
his
said
sonne
being
within
age
.
But
if
the
same
sonne
doe
after
make
a
feoffment
of
the
same
land
to
an
other
bona
fide
,
and
after
the
father
doth
die
,
leauing
his
sonne
within
age
,
there
this
possibilitie
is
destroyed
:
for
that
the
stranger
who
had
no
notice
of
this
fraud
,
hath
purchased
the
land
bona
fide
,
and
therefore
shall
sustaine
no
preiudice
by
it
.
And
yet
in
that
case
,
if
the
sonne
had
made
the
Feoffment
after
the
fathers
death
,
Co.
li.
2.
94.
this
alienation
had
not
depriued
the
Lord
of
his
wardship
,
which
was
once
lawfully
deuolued
vnto
him
.
25
And
it
is
a
deceit
,
collusion
,
and
defrauding
of
the
lawe
and
a
great
disheritance
,
and
preiudice
to
the
Lords
of
the
Fee
of
whome
any
lands
bee
holden
,
to
giue
the
same
lands
in
Mortmaine
,
or
to
doe
any
Act
,
or
procure
any
thing
to
be
done
,
whereby
they
may
come
into
Mortmaine
,
contrarie
to
the
statutes
of
Magna
Charta
,
7.
Ed.
2.
13.
Ed.
1.
15.
R.
2.
and
23.
H.
8.
for
the
Lordes
doe
loose
the
wardships
,
mariages
,
reliefes
,
and
other
seruices
of
their
Tenants
by
that
meanes
.
And
therefore
by
the
Statute
of
West
.
2.
it
was
enacted
,
That
if
any
religious
or
Ecclesiasticall
person
doe
impleade
an
other
,
St.
13.
E.
1.
31.
by
a
Reall
action
of
land
,
and
the
Tenant
will
make
default
after
default
,
whereby
hee
ought
to
loose
the
land
.
Then
hee
which
doth
recouer
,
shall
not
haue
Execution
of
the
same
Land
recouered
,
vntill
he
hath
sued
forth
the
kings
writ
of
Quale
ius
directed
to
the
Escheator
of
the
same
countie
,
to
make
enquirie
by
a
Iurie
,
what
right
hee
that
recouered
the
land
hath
to
the
same
:
And
if
he
hath
right
,
Deceit
and
Collusion
to
bring
land
into
mortmaine
.
iudgement
shal
be
giuen
for
him
,
&
he
shall
haue
execution
of
the
same
land
:
And
if
it
be
found
that
he
hath
no
right
to
recouer
by
his
said
action
,
but
that
the
lands
were
lost
by
collusion
betwéen
him
,
and
the
tenant
of
the
land
,
then
the
land
shall
accrue
to
the
next
Lord
of
the
fee
,
if
hée
demaund
it
within
a
yéere
next
after
the
Enquest
taken
:
And
if
he
doth
not
demaund
it
within
a
yeare
,
it
shall
accrue
to
the
next
Lord
aboue
,
if
he
demaund
it
within
halfe
a
yeare
after
the
same
:
And
so
euery
Lord
after
the
next
Lord
immediat
shall
haue
halfe
a
yeare
to
demaund
it
successiuely
,
vntill
it
come
to
the
King
,
to
whom
through
the
default
of
other
Lords
the
land
shall
accrue
:
For
this
recouerie
of
land
by
default
,
by
a
compact
and
couin
before
agreed
vpon
,
betwéene
the
demaundant
being
a
religious
or
Ecclesiasticall
person
,
and
the
tenant
,
is
to
defraud
the
intent
and
meaning
of
the
Statutes
of
Magna
Charta
,
and
an
.
7.
Ed.
1.
whereby
it
was
ordained
,
St.
9.
H.
3.
37
St.
7.
Ed.
1.
That
if
any
religious
person
,
or
other
whatsoeuer
,
will
buy
or
sel
any
lands
or
tenements
,
or
wil
receiue
the
same
by
colour
of
any
gift
,
or
lease
,
or
by
reason
of
any
other
title
whatsoeuer
,
or
will
by
other
practise
or
deuise
procure
the
same
to
himselfe
,
whereby
such
lands
or
tenements
may
come
into
mortmayne
,
he
shall
forfeite
the
same
lands
.
And
by
the
equitie
of
the
foresaid
Statute
of
Westminster
2.
if
any
Ecclesiastical
person
doe
recouer
land
against
another
by
reddition
,
3.
Ed.
4.
14.
confession
,
or
action
tried
,
yet
the
collusion
shal
be
inquired
of
,
for
that
the
same
recouerie
may
be
by
collusion
before
had
betweene
the
demaundant
and
the
tenant
.
And
because
that
by
feoffments
,
fines
,
recoueries
,
and
other
assurances
made
of
trust
of
lands
to
the
vse
of
parish
Churches
,
Lands
assured
in
Mortmaine
to
churches
,
chappels
,
Guilds
,
&c.
Chappels
,
Guildes
,
Fraternities
&c.
there
groweth
to
the
King
,
and
other
Lords
,
and
subiects
of
the
Realme
,
the
like
losses
,
&
inconueniences
,
and
is
as
much
preiudiciall
to
them
,
as
doth
and
is
where
lands
be
aliened
in
mortmaine
:
Therefore
for
the
eschuing
and
auoydance
of
them
,
by
a
Statute
made
an
.
23.
H.
8.
it
was
enacted
,
St.
23.
H.
8.
10.
That
all
feoffments
,
fines
,
recoueries
,
wills
,
and
other
estates
deuised
,
or
in
any
wise
made
of
trust
,
of
any
mannors
lands
,
tenements
or
hereditaments
,
to
the
vse
of
any
parish
churches
,
chappels
,
churchwardens
,
Guildes
,
fraternities
,
or
brotherhoods
erected
or
made
of
deuotion
,
or
by
common
assent
of
the
people
,
without
any
corporation
:
Or
that
the
Feoffees
,
Conisees
,
Recouerées
,
or
other
persons
,
and
their
heires
thereof
seised
,
shall
take
,
leuie
,
or
perceiue
,
or
cause
to
be
taken
&c.
the
issues
and
profites
thereof
,
and
the
same
to
dispose
,
or
otherwise
imploy
,
or
suffer
or
cause
to
be
paid
,
disposed
,
or
imploied
to
any
of
the
foresaid
vses
,
or
to
any
of
the
like
vses
(
aboue
the
terme
of
20.
yeares
next
after
the
first
making
and
beginning
of
any
such
vses
)
shal
be
vtterly
voide
.
But
for
the
preuenting
of
collusion
and
fraud
which
might
bee
deuised
for
the
further
establishing
or
corroboration
of
such
vses
,
by
the
said
Statute
of
an
.
23.
H.
8.
Collaterall
conueyaunces
to
defraud
the
assurance
to
Churches
.
it
was
moreouer
prouided
,
That
if
any
person
or
persons
in
defraud
of
the
said
Statute
,
doth
bind
,
or
ordaine
any
of
their
heirs
or
successors
,
or
any
other
persons
,
that
they
shall
suffer
such
vses
,
intents
or
purposes
to
continue
,
contrarie
to
the
said
statute
,
vpon
paine
of
losse
of
any
other
lands
,
or
of
any
other
thing
:
or
doe
deuise
by
any
colour
,
craft
,
or
meanes
any
thing
to
make
such
vses
declared
contrarie
to
the
meaning
of
the
said
Act
to
continue
for
any
longer
time
then
is
aboue
limitted
for
the
same
:
Then
euerie
such
penaltie
,
craft
,
colour
,
and
euery
other
thing
that
is
made
or
deuised
in
defraud
of
the
said
act
,
shal
be
voide
:
for
the
said
Statute
shal
be
interpreted
as
beneficiallie
as
may
be
to
the
destruction
,
or
vtter
auoyding
of
the
vses
aboue
remembred
,
and
of
all
other
like
,
other
then
such
as
are
before
expressed
.
Co.
lib.
1.
26
Notwithstanding
the
foresaid
Statute
of
Ann
23.
H.
8.
To
what
vses
lands
may
be
giuen
.
it
is
lawfull
for
any
person
at
this
day
to
giue
his
lands
,
tenements
,
or
hereditaments
to
any
person
or
persons
,
&
to
his
or
their
heirs
,
for
to
find
a
preacher
,
for
the
maintenance
of
a
Schoole
,
for
the
reliefe
of
maihemed
souldiers
,
for
the
sustentation
of
poore
people
,
for
the
reparation
of
churches
,
highwayes
,
bridges
,
cawseis
,
for
the
discharge
of
the
poore
inhabitants
of
a
towne
of
common
charges
,
for
to
make
a
stock
for
poore
labourers
in
husbandrie
,
&
poore
apprentices
,
for
the
mariage
of
poore
maids
,
or
for
such
other
charitable
vses
:
for
the
said
stat.
was
made
onely
to
restraine
the
assuring
of
lands
to
superstitious
vses
,
and
not
to
charitable
vses
.
And
in
this
case
it
shal
be
expedient
that
the
feoffor
which
doth
assure
his
land
to
any
of
the
vses
aforesaid
,
doe
reserue
to
himselfe
some
annuall
rent
,
or
take
some
money
of
the
feoffées
at
the
first
,
for
then
the
feoffement
or
assurance
shal
be
good
to
the
feoffées
,
and
their
heires
,
though
the
vse
be
vnlawfull
.
And
it
appeareth
by
the
stat.
made
an
.
43.
Stat.
43.
El.
4.
El.
that
they
be
accounted
good
and
charitable
vses
,
&
no
superstitious
vses
,
to
giue
lands
,
tenements
,
rents
,
annuities
,
profits
,
hereditaments
,
goods
,
chattels
,
money
,
and
stocks
of
money
for
the
reliefe
of
aged
,
impotent
,
and
poore
people
:
or
for
the
maintenance
of
sicke
and
maihemed
souldiers
,
&
mariners
,
schooles
of
learning
,
frée
schooles
,
&
schollers
in
Vniuersities
:
or
for
repaire
of
bridges
,
ports
,
hauens
,
cawseys
,
churches
,
sea-banks
,
&
high
waies
:
or
for
education
or
preferment
of
orphans
:
or
for
,
or
toward
reliefe
,
stocke
,
or
maintenance
for
houses
of
correction
:
or
for
mariage
of
poore
maids
:
or
for
supportation
,
helpe
,
&
ayd
of
yong
trades-men
,
handicrafts-men
,
and
persons
decaied
:
or
for
reliefe
or
redemption
of
prisoners
or
captiues
:
or
for
aid
or
ease
of
any
poore
inhabitants
concerning
paiment
of
fifteens
,
setting
out
of
souldiers
,
and
other
taxes
.
For
the
said
Stat.
of
43.
El.
doth
giue
authoritie
to
the
L.
Chauncelor
,
the
L.
Kéeper
&c.
&
to
the
Chauncelor
of
the
Duchie
,
to
award
commissions
from
time
to
time
into
all
or
any
parts
of
this
Realme
to
certaine
persons
,
to
enquire
of
al
&
singular
such
gifts
,
assignments
,
&
appointments
,
and
of
the
abuses
,
breaches
of
the
truce
,
negligences
,
misimployments
,
not
imploying
,
concealing
,
defrauding
,
misconuerting
,
or
misgouernment
of
any
lands
,
tenements
,
rents
,
&c.
goods
,
chattels
,
money
&c.
heretofore
giuen
or
assigned
,
or
which
hereafter
shal
be
giuen
,
limited
,
or
assigned
to
or
for
any
the
charitable
or
godly
vses
before
rehearsed
:
And
after
such
enquiry
,
hearing
,
and
examining
thereof
,
to
set
downe
such
orders
,
iudgements
,
and
decrées
,
as
the
same
lands
,
tenements
,
rents
,
goods
,
money
&c.
may
be
duly
and
faithfully
imployed
to
and
for
such
of
the
charitable
vses
and
intents
aforesaid
respectiuely
,
for
which
they
were
giuen
or
appointed
by
the
donors
and
founders
thereof
.
26
Because
when
tenants
for
terme
of
life
,
tenants
in
dower
,
or
by
the
curtesie
of
England
,
or
tenants
after
possibilitie
of
issue
extinct
were
impleaded
,
they
would
often
be
of
couin
with
the
demandants
,
that
the
tenements
demanded
should
be
recouered
against
them
,
&
they
would
not
pray
in
ayde
,
nor
vouch
to
warrantie
them
in
the
reuersion
,
but
plead
in
chiefe
such
a
plea
wherby
they
knew
the
tenements
should
be
lost
:
for
the
preuention
and
eschewing
of
which
couin
,
St.
13.
R.
2.
16.
by
a
stat.
made
an
.
13.
R.
2.
it
was
ordained
,
That
if
any
such
tenant
be
impleaded
,
and
he
in
the
reuersion
come
into
the
Court
,
and
prayeth
to
be
receiued
to
defend
his
right
at
the
day
that
the
tenant
doth
plead
to
the
action
,
or
before
,
he
shal
be
receiued
to
plead
in
chiefe
to
the
action
,
without
taking
delay
by
voucher
,
ayd-prayer
,
nonage
,
or
other
delay
whatsoeuer
;
Couin
by
a
particular
tenant
to
defraud
him
in
the
reuersion
.
so
that
after
such
receipt
,
he
shal
haue
no
delay
by
protection
,
essoine
of
the
Kings
seruice
,
or
common
Essoine
,
but
the
sute
shal
be
hastened
as
much
as
it
may
be
by
the
lawe
:
And
dayes
of
grace
shal
be
giuen
by
discretion
of
the
Iudges
betwixt
the
demaundant
and
him
which
is
receiued
,
and
not
the
common
daies
giuen
in
pleas
of
land
(
except
the
demaundant
will
thereunto
assent
)
to
the
intent
the
demaundant
shal
not
be
too
much
delaied
which
must
plead
with
two
aduersaries
:
And
he
in
the
Reuersion
which
praieth
to
be
receiued
shall
finde
sureties
for
the
issues
of
the
Land
,
aswel
where
the
receite
is
counter-pleaded
,
as
where
it
is
grauted
.
Stat.
West
.
2.
13.
Ed.
1.
3
And
by
the
Statute
of
Westminster
2
it
was
established
:
That
if
by
default
,
or
yeelding
of
such
tenant
in
dower
,
or
&c.
iudgement
shal
be
giuen
,
then
the
heyres
,
or
they
which
haue
the
reuersion
shal
recouer
after
the
death
of
such
tenants
by
a
writ
of
Entrie
ad
communem
legem
.
The
wiues
receit
vpon
the
husbands
default
.
And
by
the
same
Statute
of
Westminster
2.
it
is
also
ordained
,
That
if
in
an
Action
,
brought
against
the
husband
and
the
wife
of
lands
which
bee
the
right
of
the
wife
,
the
husband
will
absent
himselfe
,
and
will
not
defend
his
wiues
right
,
or
will
against
his
wiues
consent
yeeld
the
land
:
If
the
wife
wil
come
before
iudgement
,
and
be
ready
to
answere
to
the
demaundant
and
to
defend
her
right
,
she
shal
be
thereunto
admitted
.
And
for
the
further
auoiding
of
Couin
in
Recoueries
suffred
by
particular
tenants
,
by
the
Statute
of
Anno
14.
Eliz.
it
was
enacted
,
Stat.
14.
El.
8.
That
all
recoueries
to
be
had
or
prosecuted
by
agreement
of
the
parties
,
Recoueries
against
particular
tenants
by
Couin
to
defraud
him
in
the
reuertion
.
or
by
Couin
,
against
any
tenants
by
the
Curtesie
of
England
,
Tenants
in
taile
after
possibilitie
of
issue
extinct
,
or
otherwise
onely
for
the
terme
of
life
,
or
liues
,
or
of
estates
determinable
vpon
life
,
or
liues
,
of
any
lands
,
Tenements
,
or
hereditaments
,
whereof
the
same
particular
Tenant
is
or
shal
be
seised
of
any
such
particular
estate
,
as
is
aforesaid
,
or
against
any
other
with
Voucher
ouer
of
any
such
particular
Tenant
,
or
of
any
hauing
or
that
had
right
or
title
to
any
such
particular
estate
,
or
tenancie
as
is
aforesaid
,
shal
as
against
such
person
or
persons
to
whom
any
reuersion
,
or
remainder
thereof
,
by
force
of
any
Conueyance
or
deuise
before
that
time
had
or
made
,
shall
,
ought
,
or
lawfully
may
appertaine
,
and
against
their
heyres
and
successors
be
vtterly
voide
.
Prouided
alwaies
that
this
Act
shall
not
extend
to
any
person
or
persons
that
shall
by
good
title
recouer
any
lands
,
tenements
,
or
hereditaments
,
without
fraud
or
Couin
,
by
reason
of
any
former
right
or
title
:
But
al
&
euery
such
recouerie
and
recoueries
vpon
former
rights
and
titles
shall
stand
and
be
in
like
force
,
as
they
were
before
the
making
of
this
Acte
.
And
in
all
and
euerie
recouerie
and
recoueries
to
be
had
or
prosecuted
of
any
lands
,
tenements
or
hereditaments
by
the
assent
and
agreement
of
any
person
,
or
persons
,
to
whom
any
reuersion
or
remainder
thereof
then
shall
or
ought
to
appertaine
(
so
that
the
same
assent
and
agréement
doe
appeare
of
record
in
any
of
the
Kings
Courts
)
shall
stand
in
like
strength
,
and
of
like
effect
against
such
person
and
persons
that
shal
so
assent
and
agree
,
their
heyres
,
&
successors
,
as
they
were
before
the
making
of
this
act
.
27
And
for
that
Couin
and
fraud
should
be
restrained
and
punished
when
it
shall
be
put
in
practise
,
or
intended
by
those
in
reuersion
to
defeate
their
Lessees
of
their
termes
for
yeares
,
as
it
was
by
the
aforesaid
Statutes
,
when
it
was
executed
by
particular
Tenants
,
to
the
preiudice
or
disheritance
of
them
in
the
Reuersion
:
Couin
by
him
in
the
reuersion
to
defeate
his
Lessee
for
yeeres
.
Therefore
by
a
Statute
made
Anno
21.
H.
8.
Stat.
21.
H.
8.
15
Stat.
6.
E.
1.
11.
it
was
enacted
,
That
if
any
persons
doe
make
leases
of
their
lands
,
tenements
,
or
other
hereditaments
by
Indentures
,
or
without
writing
to
other
persons
,
for
terme
of
yeares
,
if
after
the
same
Lessors
,
their
heires
or
assignes
do
cause
or
suffer
recoueries
to
be
had
against
them
in
the
Kings
,
or
any
other
Lordes
Court
,
vpon
fained
and
vntrue
title
,
by
craft
and
Couin
to
put
the
said
Termors
from
their
Termes
:
all
such
Termor
shall
and
may
falsifie
for
his
terme
only
such
recouerie
,
in
such
wise
and
forme
,
as
a
tenant
of
fréehold
shall
&
may
doe
by
the
course
of
the
common
law
,
where
such
tenant
was
neither
priuie
,
nor
party
to
such
recouerie
.
And
the
same
Termors
their
Executors
&
assignees
,
notwithstanding
such
recouerie
so
had
,
shall
enioy
,
retaine
,
and
hold
their
said
termes
,
according
to
their
said
leases
,
against
all
such
recouerors
,
their
heyres
,
and
assignees
.
And
the
said
recouerers
,
their
heyres
,
and
assignees
after
such
recouerie
so
had
,
shal
haue
like
remedy
against
the
said
termors
,
their
Executors
and
assignees
by
auowrie
,
or
action
of
debt
for
the
rents
and
seruices
reserued
vpon
the
same
leases
,
being
due
after
the
same
recoueries
,
&
also
like
actions
against
them
for
waste
done
after
the
same
recoueries
so
had
,
in
like
manner
and
forme
,
as
the
said
Lessors
should
or
might
haue
had
,
if
the
same
recoueries
had
neuer
beene
had
.
No
manner
of
Statute
of
the
Staple
,
Couin
to
auoide
a
Statute
or
recognisance
.
statute
marchant
,
nor
execution
by
Elegit
,
shal
be
auoided
by
meanes
of
any
such
feyned
recouerie
,
but
all
persons
hauing
any
lands
,
tenements
or
other
hereditaments
in
execution
,
or
being
intituled
to
haue
execution
of
any
lands
or
tenements
by
any
such
meanes
,
shal
haue
like
remedie
to
auoide
and
falsifie
the
same
recouerie
,
as
before
is
prouided
for
the
lessee
for
terme
of
yeares
.
28
There
haue
beene
many
lawes
and
Statutes
deuised
from
age
to
age
,
to
restraine
and
punish
seueral
sorts
of
deceits
,
Couins
,
collusions
and
frauds
,
but
most
to
encounter
and
checke
fraudulent
deeds
contriued
of
malice
or
guile
,
to
defeate
,
Stat.
50
Ed.
3.
6.
1.
R.
2.
9.
2.
R.
2.
3.
3.
H.
7.
4.
13.
El.
5.
27.
El.
4.
delay
or
hinder
others
of
their
lands
,
leases
,
goods
,
cattels
,
debts
,
&c.
as
it
appeareth
by
the
statute
made
A.
50.
Ed.
3.
1.
R.
2.
2.
R.
2.
3.
H.
7.
13.
El.
&
27.
El.
But
as
deceit
and
fraud
increased
in
this
realme
,
so
new
penalties
,
and
greater
punishments
were
inuented
from
time
to
time
to
inflict
vpon
the
transgressors
therin
.
And
because
fained
,
couenous
,
and
fraudulent
Feoffments
,
gifts
,
graunts
,
alienations
,
conueyances
,
bonds
,
sutes
,
iudgements
,
&
executions
of
lands
and
tenements
,
goods
and
cattels
being
deuised
of
Couin
&
guile
,
to
defraud
creditors
,
and
others
of
their
iust
and
lawful
actions
,
dets
&c.
be
not
only
to
the
let
of
the
due
course
and
execution
of
law
,
&
iustice
,
but
also
to
the
ouerthrow
of
all
true
and
plaine
dealing
,
bargaining
,
and
cheuisance
betweene
man
and
man
,
without
the
which
no
common
weale
,
or
ciuill
societie
can
bee
maintained
or
continued
:
Therefore
by
a
Statute
made
A.
13.
El.
it
was
enacted
;
Stat.
13.
El.
5
Stat
29.
El.
5.
That
all
and
euery
Feoffment
,
gift
,
graunt
,
bargaine
,
alienation
,
Fraudulent
deeds
to
auoide
other
mens
debts
and
duties
.
and
conueyaunce
of
lands
,
tenements
,
hereditaments
,
goods
&
cattels
,
or
of
any
of
them
;
or
of
any
lease
,
rent
,
common
or
other
profite
or
charge
out
of
the
same
lands
,
hereditaments
,
goods
,
&c.
or
any
of
them
by
writing
or
otherwise
;
And
all
and
euery
bond
,
sute
,
iudgement
,
and
execution
at
any
time
had
or
made
,
sithence
the
beginning
of
Queen
Elizabeths
raigne
,
or
at
any
time
hereafter
to
be
had
or
made
,
which
haue
beene
,
and
are
deuised
,
&
contriued
of
malice
,
fraud
,
couin
,
collusion
,
or
guile
,
to
the
intent
,
&c.
to
delay
,
hinder
,
or
defraud
creditors
,
&
others
of
their
iust
&
lawfull
actions
,
sutes
,
debts
,
accompts
,
damages
,
penalties
,
forfeitures
,
hariots
,
mortuaries
,
or
reliefes
,
shal
be
taken
&
deemed
onely
as
against
that
person
,
his
heires
,
executors
,
successors
,
or
assignes
whose
actions
,
sutes
,
debts
,
accounts
&c.
by
such
guileful
,
couenous
,
or
fraudulent
deeds
,
deuises
,
practises
as
is
aforesaid
,
are
,
shall
,
or
mought
be
in
any
wise
disturbed
,
hindered
,
delaied
,
or
defrauded
,
to
be
cléerly
void
&
of
none
effect
,
any
colour
,
fayned
consideration
,
expressing
of
vse
,
or
any
other
matter
to
the
contrary
notwithstanding
:
And
al
&
euery
the
parties
to
such
fained
,
or
fraudulent
feoffment
,
gift
,
graunt
,
alienation
,
bargaine
,
conueyance
,
bond
,
sute
,
iudgement
,
execution
,
Parties
to
fraudulent
deedes
.
&c.
or
being
priuie
and
knowing
of
the
same
,
or
any
of
them
,
which
shall
willingly
and
wittingly
,
put
in
vre
,
auowe
,
maintaine
,
iustifie
or
defend
the
same
or
any
of
them
,
as
true
,
simple
,
and
done
or
made
bona
fide
,
and
vpon
good
consideration
,
or
shall
alien
,
or
assigne
any
the
lands
,
tenements
,
goods
,
leases
,
&c.
to
them
conueied
,
or
any
part
thereof
,
shall
forfeit
to
the
Queene
&c.
and
the
partie
grieued
by
such
fraudulent
feoffement
,
gift
,
bond
,
suit
,
&c.
one
yeares
value
of
the
said
lands
&c.
leases
,
rents
,
or
other
profits
,
and
the
whole
value
of
the
said
goods
and
cattels
,
and
so
much
money
as
shall
be
contained
in
such
couenous
and
fained
bond
,
to
bée
recouered
by
A.
I.
B.
P.
&c.
wherein
no
W.
E.
P.
&c.
And
béeing
thereof
lawfully
conuicted
,
shall
suffer
imprisonment
one
halfe
yeare
,
Common
recoueries
.
without
Baile
or
Mainprise
.
But
common
Recoueries
had
against
Tenant
in
taile
,
or
other
tenant
of
the
fréehold
of
lands
,
the
Reuersion
or
Remainder
,
or
right
of
Reuersion
or
Remainder
whereof
then
shall
bée
in
any
other
person
,
shall
as
touching
such
person
,
and
his
heires
,
which
hath
the
Reuersion
or
Remainder
thereof
,
be
of
like
force
,
and
none
other
,
Voucher
in
Formedon
.
as
the
same
should
haue
béene
if
this
Act
had
not
béene
made
:
And
no
estate
or
conueyance
,
by
reason
whereof
any
person
shall
vse
any
voucher
in
any
writ
of
Formedon
,
shall
bée
made
void
by
this
Act
:
But
euery
such
voucher
in
any
writ
of
Formedon
,
shall
be
of
like
force
,
as
if
this
act
had
not
béene
made
.
Lands
or
goods
assured
bona
fide
,
and
vpon
good
consideration
.
Prouided
alwaies
that
this
Statute
shall
not
extend
to
any
estate
or
interest
in
lands
,
leases
,
goods
,
&c.
lawfully
assured
vpon
good
consideration
,
and
bona
fide
,
to
any
person
or
persons
,
bodies
politique
or
corporat
,
not
hauing
at
the
time
of
such
conueyance
&c.
any
knowledge
of
such
fraud
or
collusion
,
as
is
aforesaid
.
Fraudulent
déeds
to
auoid
forfeitures
.
29
If
a
man
to
preuent
a
forfeiture
for
a
felonie
,
or
vpon
an
outlarie
,
Co.
li.
3.
82.
will
make
a
gift
of
all
his
goods
,
and
after
is
attainted
of
felonie
,
or
outlawed
,
these
goods
shall
be
forfeited
,
notwithstanding
this
gift
:
for
this
word
forfeitures
specified
in
the
foresaid
Statute
of
Anno
13.
St.
13.
El.
5.
El.
shall
not
be
intended
onely
of
the
forfeiture
of
an
obligation
,
Recognisance
,
or
such
like
,
but
also
of
euery
thing
which
by
the
Law
may
be
forfeited
to
the
King
,
or
to
a
Subiect
.
And
the
same
Act
of
Anno
13.
El.
shall
not
extend
onely
to
creditors
,
but
also
to
all
others
,
who
haue
cause
of
Action
,
or
suit
,
or
to
haue
any
penaltie
or
forfeiture
.
And
if
a
man
do
bind
himselfe
and
his
heirs
to
pay
to
another
a
certaine
summe
of
money
at
a
day
assigned
,
and
before
the
day
doth
come
of
paiment
,
Co.
li.
5.
60.
the
obligor
dieth
,
leauing
to
his
sonne
and
heire
sufficient
land
to
pay
the
same
debt
,
&
the
heire
doth
enter
and
alien
the
same
land
before
the
obligée
doth
commence
his
suit
vpon
the
said
obligation
:
If
vpon
the
suit
of
the
same
obligation
the
heire
do
plead
nothing
but
discent
,
and
vpon
the
trial
of
that
issue
,
the
foresaid
alienation
be
found
by
the
Iurie
to
be
made
by
fraud
to
deceiue
the
said
creditor
of
his
debt
,
or
that
be
pleaded
,
the
said
alienation
shal
be
void
by
the
foresaid
statute
of
13.
El.
and
the
plaintife
shall
recouer
.
A
déed
of
gift
must
be
vpon
good
consideration
,
and
bona
fide
.
30
In
the
said
Statute
of
Anno
13.
El.
there
is
one
Prouiso
,
St.
13.
El.
5.
That
the
said
Act
shall
not
extend
to
any
estate
or
interest
in
lands
,
tenements
,
or
hereditaments
,
leases
,
rents
,
commons
,
profits
,
goods
,
or
cattels
,
which
is
,
or
hereafter
shall
be
lawfully
had
,
made
,
conueyed
,
or
assured
vpon
good
consideration
,
&
bona
fide
to
any
person
or
persons
,
or
bodies
politique
or
corporat
,
not
hauing
at
the
time
of
such
conueyance
or
assurance
to
them
made
any
manner
of
notice
or
knowledge
of
such
couin
,
fraud
,
or
collusion
.
By
which
Prouiso
it
appeareth
,
that
the
gift
which
is
within
the
compasse
of
the
same
Prouiso
,
must
be
both
vpon
good
consideration
,
and
also
bona
fide
.
And
therefore
,
whereas
A.
did
owe
to
B.
CC.
l.
and
to
L.
a
hundred
pounds
,
Co.
li.
3.
80.
payable
by
two
seuerall
obligations
,
L.
brought
an
Action
of
debt
against
A.
vpon
his
said
obligation
of
a
hundred
pound
;
during
which
sute
A.
being
possessed
of
goods
and
cattells
,
to
the
valew
of
two
hundred
pounds
,
in
secret
made
a
generall
déede
of
gift
by
writing
,
of
all
his
goodes
and
cattells
,
Realls
and
Personalls
whatsoeuer
to
B.
in
satisfaction
of
his
debt
,
and
notwithstanding
A.
continued
in
possession
of
the
same
goods
,
and
sold
some
of
them
,
and
did
share
and
brand
the
shéepe
with
his
owne
brand
:
and
after
L.
had
iudgement
to
recouer
against
A.
and
had
a
Fieri
facias
directed
to
the
Shiriffe
of
the
Countie
where
A.
dwelt
,
who
by
force
of
the
Writ
came
to
make
execution
of
the
same
goodes
;
but
B.
resisted
him
by
force
,
clayming
those
to
be
his
goodes
,
in
respect
of
his
said
déede
of
gift
,
and
reported
that
it
was
a
good
déed
of
gift
,
and
made
vpon
lawfull
consideration
:
But
in
the
Starrechamber
this
was
adiudged
a
fraudulent
déede
,
and
within
the
statute
of
13.
Infallible
markes
of
a
fraudulent
deede
of
gift
.
Eliz.
for
this
déed
of
gift
had
all
the
badges
and
markes
of
fraud
:
for
it
was
generall
,
and
without
any
exception
of
his
apparrell
,
bedding
,
or
any
other
necessary
thing
:
and
the
owner
continued
in
possession
of
all
the
goods
,
and
vsed
them
as
his
owne
:
and
the
déede
of
gift
was
made
in
secret
,
and
not
sealed
,
deliuered
,
nor
published
amongst
his
neighbours
:
And
it
was
made
whilest
the
sute
was
depending
betwéene
L.
and
A.
And
héere
was
a
trust
betwéene
the
Donor
of
these
goods
and
the
Donée
,
for
the
Donor
possessed
the
goodes
,
and
vsed
them
as
his
owne
;
and
fraude
is
alwayes
shaddowed
with
trust
,
and
trust
is
the
couer
of
fraud
:
and
the
writing
purported
,
that
the
déede
was
made
honestly
,
truely
,
and
Bona
fide
,
which
be
not
accustomed
words
in
a
déede
of
gift
;
and
vnusuall
termes
in
any
Instrument
doe
bréed
suspition
.
And
though
this
was
a
true
debt
due
to
B.
and
the
consideration
was
good
,
yet
this
was
not
within
the
before
specified
Prouiso
,
for
that
the
déede
of
gift
was
not
made
also
Bona
fide
;
for
no
déede
shall
be
adiudged
to
be
made
Bona
fide
according
to
the
said
Prouiso
,
which
is
accompanied
with
any
trust
:
and
the
words
of
the
Prouiso
be
in
the
copulatiue
,
vpon
good
consideration
and
Bona
fide
:
So
that
good
consideration
will
not
serue
,
vnles
the
gift
be
also
Bona
fide
,
viz.
to
the
intent
,
that
the
Donée
shall
haue
,
carry
away
,
and
enioy
to
his
owne
vse
the
possession
of
the
same
goodes
,
without
any
trust
expressed
,
or
implied
,
and
therefore
whosoeuer
will
make
a
déede
of
gift
of
goods
to
an
other
in
satisfaction
of
his
debt
,
or
for
any
other
reasonable
cause
,
How
a
déed
of
gift
may
be
made
without
fraude
.
and
will
eschew
therein
the
suspition
and
question
of
fraude
,
or
of
a
fraudulent
gift
,
it
is
expedient
for
him
to
make
the
same
déede
openly
,
and
before
his
neighbors
,
or
some
men
of
credite
in
those
partes
where
he
doth
liue
,
and
not
in
any
secret
place
,
or
before
witnesses
of
small
credite
,
or
vnknowne
in
that
Countrie
;
and
further
,
that
the
goods
which
shall
be
aliened
by
that
déede
of
gift
be
set
downe
in
particular
,
and
praised
to
the
vttermost
value
by
indifferent
persons
,
or
seene
that
they
be
of
the
same
valew
,
and
that
the
partie
to
whom
the
gift
is
made
doe
presently
take
them
into
his
owne
possession
,
and
carry
them
away
:
for
to
leaue
them
in
the
Donors
possession
is
an
vndoubted
argument
of
trust
:
which
trust
is
a
principall
vaile
of
fraude
and
deceit
:
for
though
betwéene
the
Donor
and
the
Donée
this
trust
hath
a
pleasing
&
goodly
shew
of
confidence
,
and
faithfull
,
and
true
dealing
:
yet
betwéene
the
same
Donor
and
his
Creditors
,
it
is
méere
fraude
and
deceit
:
for
the
Donor
maketh
his
déede
of
gift
of
trust
,
hoping
the
Donée
will
not
deceiue
him
,
who
by
the
selfe
same
déede
meaneth
to
deceiue
others
.
But
as
a
déede
of
gift
must
be
made
Bona
fide
,
viz.
without
any
trust
,
so
must
it
be
made
vpon
good
consideration
,
A
déed
of
gift
must
bee
made
vpon
valuable
consideration
.
viz.
vpon
valuable
consideration
:
For
if
a
man
being
in
debt
to
diuers
persons
,
will
make
a
déede
of
gift
of
his
goods
to
his
sonne
,
his
nephew
,
or
neare
kinsman
in
blood
,
and
deliuer
him
possession
thereof
,
and
the
Donée
doth
take
and
carrie
away
the
goods
,
and
imployeth
them
to
his
owne
vse
;
In
this
case
the
deede
is
made
bona
fide
,
for
that
the
Donée
hath
taken
and
carried
away
the
goods
,
and
it
is
made
vpon
good
consideration
,
viz.
consideration
of
Nature
,
and
blood
,
but
it
is
not
made
vpon
valuable
consideration
,
for
money
paid
,
or
wares
deliuered
,
according
to
the
intent
and
meaning
of
the
Prouiso
aforesayd
:
And
further
,
though
héere
is
no
trust
expressed
,
by
the
Donor
in
the
Donée
,
yet
the
Lawe
doth
intend
that
there
is
a
trust
implied
betwéene
the
Donor
and
his
sonne
,
nephew
,
or
neare
kinsman
,
to
whome
hée
hath
made
this
déede
of
gift
,
and
therefore
accompteth
it
voyde
against
Creditors
,
&c.
31
Forasmuch
as
diuers
persons
after
conueiances
obtained
,
and
purchases
made
of
lands
,
tenements
,
leases
,
estates
,
and
hereditaments
for
mony
,
or
other
good
considerations
,
may
receiue
great
preiudice
by
reason
of
fraudulent
and
couenous
conueiances
,
estates
,
gifts
,
graunts
,
charges
,
and
limitations
of
vses
before
made
,
of
,
in
,
or
out
of
lands
so
purchased
:
which
said●
gifts
,
graunts
,
&c.
are
or
shall
be
meant
by
the
parties
that
so
make
the
same
to
be
fraudulent
and
couenous
,
of
purpose
,
and
intent
,
to
deceiue
such
as
shall
purchase
the
same
:
or
else
,
by
the
secret
intent
of
the
parties
,
the
same
be
to
their
owne
proper
vse
,
and
at
their
frée
disposition
,
coloured
neuerthelesse
by
a
fained
countenance
and
shew
of
words
and
sentences
,
as
though
the
same
were
made
bona
fide
,
for
good
causes
,
and
vpon
iust
and
lawfull
considerations
:
For
the
remedie
of
which
inconueniences
,
and
for
the
auoiding
of
such
fraudulent
,
fained
,
and
couenous
conueiances
,
gifts
,
graunts
,
charges
,
vses
,
and
estates
,
and
for
the
maintenance
of
iust
and
vpright
dealing
in
purchasing
of
lands
,
Fraudulent
assurances
to
deceiue
purchasors
.
&c.
by
a
Statute
made
Anno
27.
Elizab.
it
was
ordained
,
St.
27.
El.
4.
St.
39.
El.
18
That
all
and
euery
conueiance
,
graunt
,
charge
,
lease
,
estate
,
incombrance
,
and
limitation
of
vse
,
or
vses
,
of
,
in
,
or
out
of
any
lands
,
tenements
,
or
other
hereditaments
whatsoeuer
,
had
,
or
made
at
any
time
héeretofore
sithence
the
beginning
of
the
Quéenes
raigne
that
now
is
,
or
héereafter
to
be
had
or
made
,
for
the
intent
,
and
of
purpose
to
defraud
and
deceiue
such
person
or
persons
,
bodies
politike
,
or
corporat
,
as
haue
purchased
,
or
shall
afterwards
purchase
in
fee
simple
,
fée
taile
,
for
life
,
liues
,
or
yeares
,
the
same
lands
,
tenements
,
and
hereditaments
,
or
any
part
or
parcell
thereof
,
so
formerly
conueyed
,
granted
,
leased
,
charged
,
incombred
,
or
limited
in
vse
;
or
to
defraud
and
deceiue
such
as
haue
,
or
shall
purchase
any
rent
,
profit
or
commoditie
,
in
,
or
out
of
the
same
,
or
any
part
thereof
,
shall
be
déemed
and
taken
only
as
against
that
person
and
persons
,
bodies
politike
,
and
corporat
,
his
and
their
heires
,
successors
,
executors
,
administrators
,
and
assignes
,
and
against
all
and
euery
other
person
and
persons
lawfully
hauing
and
claiming
,
by
,
from
,
or
vnder
them
,
or
any
of
them
,
which
haue
purchased
,
or
shal
hereafter
so
purchase
for
mony
,
or
other
good
consideration
,
the
same
lands
,
tenements
,
or
hereditaments
,
or
any
part
or
parcell
thereof
,
or
any
rent
,
profit
or
commoditie
,
in
,
or
out
of
the
same
,
to
be
vtterly
voide
,
frustrate
,
and
of
none
effect
:
Any
pretence
,
colour
,
fained
consideration
,
or
expressing
of
any
vse
or
vses
to
the
contrary
notwithstanding
.
Parties
to
fraudulent
conueiances
,
which
doe
auow
the
same
.
All
&
euery
the
parties
to
such
fained
,
couenous
,
&
fraudulent
gifts
,
grants
,
St.
27.
Eli.
4●
leases
,
charges
,
or
conueiances
before
expressed
,
or
being
priuie
,
&
knowing
of
the
same
,
or
any
of
them
,
which
shal
wittingly
put
in
vre
,
auow
,
maintain
,
iustifie
,
or
defend
the
same
,
or
any
of
them
,
as
true
,
simple
,
&
done
,
had
or
made
bona
fide
,
or
vpon
good
consideration
,
to
the
disturbance
,
or
hinderance
of
the
said
purchaser
or
purchasers
,
leasees
,
or
grauntées
,
or
of
or
to
the
disturbance
or
hinderance
of
their
heires
,
successors
,
executors
,
administrators
,
or
assignes
,
or
such
as
haue
,
or
lawfully
claime
any
thing
by
,
from
,
or
vnder
them
,
or
any
of
them
,
shall
incurre
the
penaltie
and
forfeiture
,
of
one
yeares
valew
of
the
said
lands
,
tenements
,
and
hereditaments
so
purchased
or
charged
:
The
one
moitie
whereof
to
be
to
the
Queene
,
her
heires
,
and
successors
,
and
the
other
moitie
to
the
partie
or
parties
grieued
,
by
such
fained
and
fraudulent
gift
,
graunt
,
lease
,
conueiance
,
incombrance
,
or
limitation
of
vse
,
to
be
recouered
in
any
of
the
Q.
Courts
of
Record
by
action
of
debt
.
B.
P.
or
I.
wherein
no
E.
P.
or
W.
&c.
And
also
being
thereof
lawfully
conuicted
,
shall
suffer
imprisonment
for
one
halfe
yeare
without
baile
or
mainprise
.
St.
27.
El.
4.
This
Act
,
or
any
thing
therein
contained
,
shall
not
extend
,
or
be
construed
to
impeach
,
defeate
,
make
voide
,
or
frustrate
any
conueiance
,
Conueiances
made
vpon
good
consideration
,
and
Bona
fide
.
assignement
of
lease
,
assurance
,
grant
,
charge
,
lease
,
estate
,
interest
or
limitation
of
vse
or
vses
,
of
,
in
,
to
,
or
out
of
any
lands
,
tenements
,
or
hereditaments
,
heretofore
at
any
time
had
or
made
,
or
hereafter
to
be
had
or
made
vpon
,
or
for
good
consideration
,
and
Bona
fide
,
to
any
person
or
persons
,
bodies
politike
or
corporate
:
any
thing
before
mentioned
to
the
contrary
héereof
notwithstanding
.
St.
27.
El.
4.
If
any
person
or
persons
haue
heretofore
sithence
the
beginning
of
the
Q.
raigne
that
now
is
,
made
,
or
hereafter
shall
make
any
conueiance
,
gift
,
grant
,
Conueiances
with
condition
of
reuocation
or
alteration
.
demise
,
charge
,
limitation
of
vse
or
vses
,
or
assurance
of
,
in
,
or
out
of
any
lands
,
tenements
,
or
hereditaments
,
with
any
clause
,
prouision
,
article
,
or
condition
of
reuocation
,
determination
,
or
alteration
,
at
his
or
their
will
or
pleasure
of
such
conueiance
,
assurance
,
grants
,
limitations
of
vses
or
estates
,
of
,
in
,
or
out
of
the
said
lands
,
tenements
,
or
hereditaments
,
or
of
,
in
,
or
out
of
any
part
of
parcell
of
them
,
contained
or
mentioned
in
any
writing
,
déede
,
or
indenture
of
such
assurance
,
conueiance
,
grant
,
or
gift
,
and
after
such
conueiance
,
grant
,
gift
,
demise
,
charge
,
limitation
of
vses
or
assurance
,
so
made
or
had
,
shal
or
doe
bargaine
,
sell
,
demise
,
grant
,
conuey
,
or
charge
the
same
lands
,
tenements
,
or
hereditaments
,
or
any
parcel
thereof
,
to
any
person
or
persons
,
bodies
politike
,
or
corporate
for
money
or
other
good
consideration
paid
or
giuen
,
the
said
first
conueiance
,
assurance
,
gift
,
grant
,
demise
,
charge
or
limitation
not
by
him
or
them
reuoked
,
made
voyde
,
or
altered
,
according
to
the
power
and
authoritie
reserued
,
or
expressed
vnto
him
or
them
,
in
and
by
the
said
secret
conueiance
,
assurance
,
gift
,
or
grant
:
Then
the
said
former
conueiance
,
assurance
,
gift
,
demise
,
and
grant
,
as
touching
the
said
lands
,
tenements
,
and
hereditaments
so
after
bargained
,
sold
,
conueied
,
demised
,
or
charged
,
against
the
said
bargainées
,
vendées
,
lessées
,
grauntées
and
euery
of
them
,
their
heirs
,
successors
,
executors
,
administrators
,
and
assignes
,
and
against
all
and
euery
person
and
persons
which
haue
,
shall
,
or
may
lawfully
claime
any
thing
,
by
,
from
,
vnder
them
or
any
of
them
,
shall
be
déemed
,
taken
,
and
adiudged
to
be
voide
,
frustrate
,
and
of
none
effect
by
vertue
and
force
of
this
present
Act.
St.
27.
El.
4.
Prouided
neuerthelesse
,
that
no
lawfull
morgage
,
made
or
to
be
made
Bona
fide
,
and
without
fraud
or
couin
vpon
good
consideration
,
Morgages
.
shall
be
impeached
or
impaired
by
force
of
this
Act
,
but
shall
stand
in
the
like
force
and
effect
,
as
the
same
should
haue
done
,
if
this
act
had
neuer
béene
had
or
made
:
Anie
thing
,
&c.
This
Act
,
nor
any
thing
therin
contained
,
St.
27.
Eli.
4.
shall
extend
or
be
construed
to
make
good
any
purchase
,
Assurances
of
lands
defeated
before
the
Statute
.
grant
,
lease
,
charge
,
or
profit
,
of
,
in
,
or
out
of
any
lands
,
tenements
,
or
hereditaments
,
héeretofore
made
void
,
defeated
,
or
vndone
,
by
reason
or
any
former
conueiance
,
graunt
,
or
assurance
,
so
as
the
partie
or
parties
,
or
their
heirs
or
assignes
,
which
haue
so
defeated
,
or
made
void
the
same
,
were
in
actuall
possession
,
the
first
day
of
this
present
Parliament
,
of
,
or
in
the
said
lands
,
The
authority
of
the
court
of
Starre-chamber
.
tenements
,
or
hereditaments
,
whereof
,
or
out
of
which
any
such
purchase
,
graunt
,
lease
,
charge
,
or
profite
was
made
.
Neither
this
Act
,
nor
any
thing
therein
contained
,
shall
extend
in
any
sort
,
to
restraine
or
impaire
the
iurisdiction
,
power
,
or
authoritie
of
the
Court
of
Starrechamber
.
A
purchasor
doth
know
before
of
a
fraudulent
déede
.
32
If
a
man
seised
of
land
in
fée
,
Co.
li.
5.
60.
do
make
a
fraudulent
conueiance
thereof
,
to
the
intent
to
deceiue
and
defraud
purchasors
,
contrary
to
the
said
Statute
of
Anno
27.
Eliz.
and
doth
continue
in
possession
of
it
,
and
taketh
the
profite
of
it
,
and
doth
after
enter
into
communication
with
a
stranger
for
the
sale
of
it
to
him
:
and
by
chaunce
the
same
stranger
hath
knowledge
of
the
same
fraudulent
assurance
,
and
notwithstanding
he
doth
bargaine
with
the
same
party
for
his
land
,
doth
conclude
with
him
,
and
taketh
his
assurance
from
him
:
in
this
case
,
the
same
purchaser
,
shal
auoide
this
former
fraudulent
conueiance
,
made
by
the
seller
of
this
land
,
though
hée
had
notice
thereof
before
:
for
the
said
Act
of
Anno
27.
Elizab.
by
expresse
words
doth
make
the
fraudulent
conueiance
voide
touching
the
purchasor
:
and
séeing
it
is
within
the
expresse
puruiew
of
the
same
Statute
,
it
is
to
be
so
taken
and
construed
in
repressing
of
fraud
,
and
it
is
not
the
purchasors
knowledge
thereof
,
that
doth
make
the
fraudulent
conueiance
good
which
the
said
statute
hath
made
voide
.
The
father
maketh
a
fraudulent
lease
,
and
the
sonne
selleth
the
land
.
33
If
the
father
doe
make
a
lease
for
yeares
of
his
land
by
couin
,
Co.
li.
6.
72.
to
defraud
others
to
whom
he
will
demise
,
or
sell
the
same
land
,
(
as
all
fraudulent
leases
shall
be
intended
to
be
made
to
that
end
)
and
before
he
doth
sell
or
demise
the
same
land
,
he
dieth
,
and
his
sonne
and
next
heire
knowing
,
or
not
knowing
of
the
said
lease
,
doth
sell
the
same
land
for
good
consideration
:
Then
the
purchasor
shall
auoide
this
lease
by
force
of
the
foresaide
Statute
of
Anno
27.
Elizab.
for
séeing
the
Lawe
doth
presume
that
euery
fraudulent
lease
is
made
generally
to
defeate
purchasors
,
lessées
,
&c.
within
this
generality
euerie
particular
purchasor
,
farmor
,
lessée
,
&c.
is
included
.
And
it
is
not
materiall
,
though
he
who
sold
the
land
,
did
not
make
the
former
fraudulent
lease
,
estate
,
or
incombrance
:
but
if
the
estate
be
fraudulent
,
the
purchasor
shall
auoide
it
,
whosoeuer
selleth
the
land
.
A
womans
iointure
made
by
fraud
.
34
And
the
same
Lawe
is
,
if
a
man
doe
conuey
land
to
the
vse
of
his
wife
,
Co.
li.
6.
73
for
her
iointure
,
by
deceit
and
couin
to
defraud
a
purchasor
to
whom
he
intendeth
to
sell
the
same
land
:
in
this
case
,
if
the
same
fraud
be
prooued
by
euidence
,
or
confessed
by
pleading
,
the
purchasor
shall
auoide
the
said
wiues
estate
.
Fraudulent
déeds
to
defeat
successors
of
disapidations
.
35
Because
diuers
Ecclesiasticall
persons
being
possessed
of
mansion
houses
,
and
other
buildings
belonging
to
their
Ecclesiasticall
Benefices
,
or
liuings
,
did
suffer
the
same
for
want
of
due
reparations
partly
to
decay
,
and
partly
to
fall
downe
,
conuerting
the
timber
,
lead
,
and
stone
to
their
owne
vses
,
and
also
made
déedes
of
gift
,
and
colourable
alienations
,
and
other
conueiances
of
like
effect
of
their
good
and
cattels
in
their
life
time
,
of
purpose
after
their
deaths
,
to
defraud
their
successours
of
such
iust
Actions
and
remedies
,
as
otherwise
they
might
and
should
haue
had
against
the
executours
,
or
administratours
of
their
goodes
,
by
the
Lawes
Ecclesiasticall
of
this
Realme
:
for
the
redresse
whereof
by
a
Statute
made
Anno
13.
Elizab.
it
was
enacted
,
St.
13.
El.
10
St.
1.
Iac.
25
That
if
any
Archbishop
,
Bishop
,
Deane
,
Archdeacon
,
Fraudulent
déedes
to
defeate
successors
of
dilapidations
.
Prouost
,
Treasurer
,
Chancellor
,
Chaunter
,
Prebendarie
,
or
any
other
hauing
any
dignitie
or
office
in
any
Cathedrall
,
or
Collegiat
Church
within
this
Realme
,
or
any
Parson
,
Vicar
,
or
other
Incumbent
,
of
any
Ecclesiasticall
liuing
,
whereunto
doe
belong
any
houses
or
buildings
,
which
by
lawe
or
custome
hée
is
bound
to
maintaine
in
reparation
,
doe
suffer
any
of
his
saide
houses
or
buildings
to
fall
downe
,
or
runne
in
decay
,
and
after
doe
make
any
déede
of
gift
,
alienation
,
or
other
conueyance
of
his
moueable
goodes
or
cattells
in
his
life
time
,
to
the
intent
after
his
death
to
defeate
his
successors
of
such
iust
Actions
and
Remedies
,
as
otherwise
they
might
haue
had
for
the
same
,
against
their
executours
,
or
the
administratours
of
their
goods
:
Then
the
Successours
of
him
which
shall
make
such
déede
,
&c.
shall
and
may
commence
sute
,
and
haue
such
remedy
in
any
Court
Ecclesiasticall
within
this
Realme
,
competent
for
the
matter
,
against
him
or
them
to
whom
such
déed
of
gift
,
or
alienation
shall
be
so
made
,
for
the
amending
and
reparation
of
such
Dilapidations
,
or
iust
recompence
for
the
same
,
as
hath
hapned
by
his
fact
or
default
,
in
such
sort
as
he
might
,
should
,
or
ought
lawfully
to
haue
,
if
he
or
they
to
whom
such
déed
of
gift
were
made
,
were
executor
of
him
that
made
such
déede
,
&c.
or
administrator
of
his
goods
,
&c.
36
For
the
auoiding
and
preuenting
of
couin
or
collusion
in
suing
of
Actions
popular
,
which
haue
bin
ordained
from
time
to
time
to
restraine
and
punish
seuerall
sorts
of
offenders
:
and
to
the
intent
that
the
penalties
of
those
Statutes
might
indéede
be
imposed
vpon
the
transgressors
thereof
,
and
the
same
offences
might
not
be
shadowed
,
and
the
meaning
of
the
makers
of
those
Statutes
might
not
be
deluded
by
the
couenous
,
deceitfull
,
and
fraudulent
sutes
of
the
same
offenders
friendes
,
whose
practises
haue
béene
to
couer
,
and
not
to
punish
the
same
offences
:
by
a
Statute
made
Anno
11.
H.
7.
St.
11.
H.
7.
20.
it
was
established
,
That
if
an
Action
popular
be
sued
against
any
man
by
cellusion
,
An
Action
popular
sued
by
Collusion
.
and
the
plaintife
in
the
same
doe
recouer
against
the
defendant
,
or
be
barred
;
any
other
person
may
after
sue
against
the
same
defendant
another
Action
popular
,
with
good
faith
,
and
shall
in
the
same
recouer
and
haue
execution
,
if
the
Recouerie
or
barre
in
the
first
Action
be
found
to
be
by
couin
.
And
the
defendant
beign
attainted
of
Couin
,
shall
haue
two
yeares
imprisonment
,
by
processe
of
Capias
and
Vtlarie
,
to
be
sued
within
the
yeare
after
iudgement
giuen
,
or
at
any
time
after
,
vntill
the
defendant
be
had
and
imprisoned
,
and
that
aswell
at
the
Kings
suite
,
as
at
euery
other
persons
,
that
will
sue
in
that
behalfe
.
And
no
release
of
any
common
person
,
made
to
any
partie
before
or
after
an
Action
popular
or
indictment
hanging
,
shall
be
auaileable
to
let
or
surcease
the
said
Action
,
indictment
,
processe
,
or
execution
.
Prouided
alwaies
,
No
couin
shal
be
auerred
where
there
hath
béene
triall
by
verdict
.
that
no
plaintife
or
plaintifes
be
in
any
wise
receiued
to
auerre
any
couin
in
any
action
popular
,
where
the
point
of
the
same
Action
,
or
else
collusion
haue
béene
once
tried
,
or
lawfully
found
,
with
,
or
against
the
plaintife
by
triall
of
twelue
men
,
and
not
otherwise
.
St.
13.
Eli.
7.
37
By
the
Statute
made
Anno
13.
Elizab.
intituled
,
An
Act
touching
orders
for
Bankerupts
,
Fraudulent
possessing
of
Bonkerupts
lands
,
goods
,
or
debts
.
amongst
other
things
it
is
enacted
,
That
if
at
anie
time
before
,
or
after
that
any
such
person
(
viz.
a
Bankerupt
)
departeth
the
Realme
,
or
shall
kéepe
his
house
,
or
otherwise
absent
himselfe
,
or
take
Sanctuarie
,
or
suffer
himselfe
to
be
arrested
,
outlawed
,
or
yéelde
his
body
to
prison
,
any
person
doe
fraudulently
by
couin
claime
,
demaund
,
recouer
,
possesse
,
or
detaine
any
debts
,
dueties
,
goods
,
cattels
,
lands
,
or
tenements
,
by
writing
,
trust
,
or
otherwise
,
which
were
or
shall
be
due
,
or
appertaine
to
any
such
offendor
,
other
than
such
as
hée
can
,
and
doth
prooue
to
be
due
by
right
and
conscience
,
for
money
paid
,
wares
deliuered
,
or
other
iust
consideration
,
to
the
iust
valew
thereof
before
the
Commissioners
thereunto
authorized
,
or
the
more
part
of
them
,
and
the
same
to
procéed
(
bona
fide
)
without
fraud
or
couin
:
Then
euery
such
person
so
craftily
demaunding
,
claiming
,
hauing
,
or
possessing
any
such
debt
,
shall
forfeit
double
as
much
as
he
shall
so
claime
,
demaund
,
detaine
,
or
possesse
,
which
said
forfeiture
shall
be
recouered
,
leuied
,
and
imployed
for
the
payment
of
the
Creditors
debts
.
38
Forasmuch
as
it
was
oftentimes
put
in
vre
to
the
defrauding
of
Creditors
,
that
such
persons
as
were
to
haue
the
administration
of
the
goods
of
others
dying
intestate
committed
vnto
them
,
if
they
require
it
,
would
not
accept
the
same
,
but
suffer
,
or
procure
the
administration
to
be
graunted
to
some
stranger
of
meane
estate
,
and
not
of
kinne
to
the
intestate
,
from
whom
themselues
,
or
others
by
their
meanes
did
take
déedes
of
gift
,
and
authorities
by
letter
of
Atturney
,
whereby
they
obtained
the
estate
of
the
intestate
into
their
handes
,
and
yet
stood
not
subiect
to
pay
any
debts
owing
by
the
said
intestate
,
and
so
the
creditor
for
lacke
of
knowledge
of
the
place
of
habitation
of
the
Administrator
could
not
arrest
him
,
nor
sue
him
:
and
if
they
fortuned
to
finde
him
out
,
yet
for
lacke
of
abilitie
in
him
to
satisfie
of
his
owne
goods
the
valew
of
that
hée
had
conueied
away
of
the
intestates
goods
,
or
released
of
his
debts
,
by
way
of
wasting
,
the
creditors
could
not
haue
or
recouer
their
iust
and
due
debts
:
For
reformation
whereof
by
a
Statute
made
Anno
43.
Fraudulent
administration
of
intestates
goods
.
Elizab.
it
was
ordained
,
St.
43.
El.
8.
That
euery
person
and
persons
that
héereafter
shall
obtaine
,
receiue
,
or
haue
any
goods
or
debts
of
any
person
dying
intestate
,
or
a
release
,
or
other
discharge
of
any
debt
or
duety
that
belonged
to
the
intestate
vpon
any
fraud
as
is
aforefaid
,
or
without
such
valuable
consideration
,
as
shall
amount
to
the
valew
of
the
same
goods
and
debts
,
or
néere
thereabouts
(
except
it
be
,
in
,
or
towards
satisfaction
of
some
iust
and
principall
debt
of
the
valew
of
the
same
goods
or
debts
to
him
owing
by
the
intestate
at
the
time
of
his
decease
)
shall
be
charged
and
chargeable
as
Executor
of
his
owne
wrong
,
and
so
farre
onely
as
all
such
goods
and
debts
comming
to
his
hands
,
or
whereof
he
is
released
or
discharged
by
such
Administrator
will
satisfie
,
Allowance
of
iust
debts
and
other
lawfull
payments
.
deducting
neuerthelesse
to
and
for
himselfe
allowance
of
all
iust
,
due
,
and
principall
debt
vpon
good
consideration
,
without
fraud
,
owing
to
him
by
the
intestate
at
the
time
of
his
decease
,
and
of
all
other
payments
made
by
him
,
which
lawfull
Executors
or
Administrators
,
may
,
and
ought
to
haue
and
pay
by
the
Lawes
and
Statutes
of
this
Realme
.
39
By
a
Statute
not
imprinted
,
made
Anno
27.
H.
8.
it
was
enacted
,
St.
27.
H.
8.
That
all
craftie
and
fraudulent
Recoueries
,
feoffements
,
estates
,
giftes
,
grants
,
and
leases
,
and
euery
of
them
made
by
any
of
the
chiefe
gouernours
of
such
religious
houses
,
Fraudulent
conueiances
of
Abbey
lands
as
were
giuen
to
the
King
by
that
Statute
(
viz.
of
such
as
had
not
in
lands
aboue
two
hundred
pounds
by
the
yeare
)
vnder
their
couent
seales
,
within
one
yeare
next
before
the
making
of
the
said
act
,
should
be
vtterly
void
.
St.
31.
H.
8.
13
And
by
a
like
statute
made
Anno
31.
H.
8.
it
was
ordayned
,
That
all
leases
of
lands
,
tenements
,
or
other
hereditaments
not
vsually
let
,
leases
of
lands
&c.
in
reuersion
,
leases
of
lands
&c.
not
reseruing
the
old
and
accustomed
rent
,
sales
of
wood
,
assurances
of
lands
of
the
kings
gift
,
or
auncient
foundation
,
without
the
kings
licence
made
by
any
abbots
,
or
gouernours
of
any
Monasteries
or
other
religious
houses
(
which
were
before
the
making
of
the
said
act
dissolued
)
within
one
yeare
before
the
comming
to
the
K.
hands
of
the
same
Monasteries
,
religious
houses
&c.
(
or
which
after
that
should
bee
dissolued
,
or
come
to
the
kings
hands
,
should
be
vtterly
void
:
for
the
same
leases
,
sales
of
wood
,
and
assurances
were
intended
to
be
made
by
fraud
to
deceiue
the
king
of
certaine
commodities
which
the
makers
of
that
statute
did
meane
and
intend
to
giue
him
.
40
Where
maidens
and
women
children
of
noblemen
,
gentlemen
,
and
others
,
as
well
such
as
were
heires
apparant
to
their
auncestors
,
as
others
,
hauing
left
vnto
them
by
their
father
,
or
other
auncestor
&
friends
,
lands
,
tenements
&
hereditaments
,
or
other
great
substance
in
goods
&
cattels
moueable
,
for
and
to
the
intent
to
aduaunce
them
in
marriage
somewhat
like
,
according
to
their
degrées
,
and
as
might
be
most
for
their
surety
&
comfort
,
as
wel
for
themselues
as
of
all
other
their
friends
&
kinsfolks
,
were
ofttimes
vnawares
to
their
said
friends
or
kinsfolkes
,
by
flattery
,
trifling
gifts
,
faire
promises
(
and
other
such
deceitfull
&
fraudulent
practises
)
of
many
vnthrifty
&
light
persons
,
&
therunto
by
the
intreaty
of
lewd
persons
&
others
that
for
rewards
bought
and
sold
the
said
children
,
secretly
allured
,
and
woon
to
contract
matrimonie
with
the
said
vnthrifty
&
light
persons
,
and
thereupon
either
with
sleight
or
force
oft
times
were
taken
&
conueyed
away
from
their
said
parents
,
friends
,
or
kinsfolkes
,
to
the
displeasure
of
God
,
disparagement
of
the
said
children
,
&
continuall
heauinesse
of
all
their
friends
.
For
the
redresse
and
preuention
wherof
,
by
a
statute
made
Anno
4.
St.
4.
&
5.
P.
&
M.
8.
&
5.
P.
&
M.
it
was
enacted
,
Deceitfull
conueying
a
maid
inheritable
vnder
xvj
.
yeares
of
age
.
That
it
shall
not
be
lawfull
to
any
person
or
persons
to
take
or
conuey
away
,
or
cause
to
be
taken
or
conueyed
away
any
maid
or
woman
child
vnmaried
,
being
within
the
age
of
xvj
.
yeares
,
out
of
,
or
from
the
possession
,
custodie
,
or
gouernance
,
and
against
the
will
of
the
father
of
such
maid
or
woman
child
,
or
of
such
person
or
persons
to
whom
the
father
of
such
maid
or
woman
child
,
by
his
last
Will
,
or
by
any
other
act
in
his
life
time
,
shall
assigne
,
bequeath
,
giue
,
or
graunt
the
order
,
kéeping
,
education
,
or
gouernance
of
such
maid
or
woman
child
:
except
such
taking
&
conueying
away
as
shal
be
had
,
made
,
or
done
by
or
for
such
person
or
persons
as
without
fraud
or
couin
then
shal
be
the
master
or
mistresse
,
or
the
gardian
in
socage
,
or
gardian
in
chiualry
of
or
to
such
maid
or
woman
child
.
St.
4.
&
5.
P.
&
M.
8.
If
any
person
or
persons
aboue
the
age
of
xiiij
.
yeares
shal
vnlawfully
take
or
conuey
,
The
forf.
for
taking
away
a
maid
vnder
16
yeares
of
age
.
or
cause
to
be
taken
or
conueied
any
maid
or
woman
child
vnmaried
,
being
within
the
age
of
xvj
.
yeares
,
out
of
,
or
from
the
possession
,
&
against
the
will
of
the
father
or
mother
of
such
child
,
or
out
of
,
or
from
the
possession
of
such
person
or
persons
as
then
shall
haue
by
any
lawfull
wayes
or
meanes
the
order
,
kéeping
,
or
education
,
or
gouernance
of
any
such
maid
or
woman
child
,
then
euery
such
person
&
persons
so
offending
being
thereof
lawfully
attainted
or
conuicted
by
the
due
course
of
the
law
of
this
realme
(
other
then
such
of
whom
such
person
taken
away
shall
hold
any
lands
or
tenements
by
knights
seruice
)
shal
be
2.
yéeres
imprisoned
of
his
or
their
bodies
without
baile
or
mainprise
,
or
els
shall
pay
such
fine
for
his
or
their
said
offence
to
the
Q.
and
party
grieued
,
as
shal
be
assessed
by
the
Q.
counsell
in
the
starre
chamber
at
Westminster
.
If
any
such
person
or
persons
shall
so
take
away
,
St.
4
&
5.
P.
&
M.
8.
or
cause
to
be
taken
away
as
is
aforesaid
,
Taking
away
&
deflouring
,
or
contracting
matrimony
with
a
woman
&c.
and
defloure
any
such
maid
or
woman
child
as
is
aforesaid
:
Or
shall
against
the
will
,
or
vnknowing
of
,
or
to
the
father
of
such
maid
or
woman
child
,
if
the
father
be
in
life
,
or
of
or
to
the
mother
of
such
maid
or
woman
child
(
hauing
the
custody
&
gouernance
of
such
child
,
if
the
father
be
dead
)
by
secret
letters
,
messages
,
or
otherwise
,
contract
matrimony
with
any
such
maiden
or
woman
child
(
except
such
contracts
of
matrimony
as
shal
be
made
by
the
consent
of
such
person
or
persons
as
by
the
title
of
wardship
shall
then
haue
or
be
intituled
to
haue
the
mariage
of
such
maid
or
woman
child
)
then
euery
such
person
or
persons
so
offending
,
being
thereof
lawfully
conuicted
,
as
is
aforesaid
,
shall
suffer
imprisonment
of
his
or
their
bodies
by
the
space
of
fiue
yeares
,
without
baile
or
maineprise
,
or
els
shall
pay
such
fine
for
his
or
their
offence
to
the
Quéene
and
party
grieued
,
as
shal
be
assessed
by
the
Quéenes
Counsell
in
the
Starre-Chamber
.
The
Quéenes
Counsell
of
the
Starre-chamber
by
bill
of
complaint
or
information
,
Who
may
hear
and
determine
these
offences
.
and
Iustices
of
Assise
by
inquisition
or
indictment
,
St.
4
&
5.
P.
&
M.
8.
haue
authority
to
heare
and
determine
the
said
offences
,
vpon
euery
which
indictments
and
inquisitions
such
processe
shall
be
awarded
,
as
vpon
an
indictment
of
Trespas
at
the
common
law
.
If
any
woman
child
,
or
maiden
,
being
aboue
the
age
of
xij
.
St.
4
&
5.
P.
&
M.
8.
yeres
and
vnder
xvj
.
A
woman
consenting
to
an
vnlawfull
contract
.
doe
at
any
time
consent
to
such
person
that
so
shall
make
any
contract
of
matrimonie
,
contrary
to
the
forme
and
effect
of
this
statute
:
then
the
next
of
her
kinne
,
to
whom
the
inheritance
should
returne
or
come
after
her
decease
,
shall
from
the
time
of
such
assent
,
haue
and
enioy
all
such
lands
,
tenements
,
and
hereditaments
,
as
she
had
in
possession
,
reuersion
,
or
remainder
,
at
the
time
of
such
assent
,
during
the
life
of
such
person
that
so
shall
contract
matrimony
:
and
after
the
decease
of
such
person
so
contracting
matrimony
,
them
the
said
lands
shall
discend
,
reuert
,
remaine
,
and
come
to
such
person
or
persons
,
as
they
should
haue
done
in
case
this
act
had
neuer
béen
made
,
other
then
to
him
onely
that
so
shall
contract
matrimony
.
But
this
act
shall
not
extend
to
take
away
or
diminish
any
liberty
,
custome
,
St.
4
&
5.
P.
&
M.
8.
or
authority
,
concerning
any
orphans
within
the
City
of
London
,
or
any
other
City
,
Borough
,
or
Towne
,
where
Orphans
Orphans
.
are
commonly
vsed
to
be
prouided
for
,
either
by
grant
,
or
by
custome
:
But
the
Lord
Maior
of
the
city
of
London
,
and
the
Aldermen
of
the
same
,
and
euery
other
head
Officer
of
any
other
Citie
&c.
where
such
Orphans
be
prouided
for
,
shall
and
may
haue
&
take
like
rule
,
order
,
kéeping
,
and
charge
of
such
Orphans
,
and
of
all
their
lands
,
tenements
,
goods
,
&
cattels
,
as
heretofore
they
vsed
,
or
lawfully
might
haue
had
&
vsed
,
if
this
act
had
not
bin
made
.
There
was
grandmother
a
widdow
,
mother
a
widdow
,
&
ij
.
daughters
,
Co
li.
3.
37.
the
grandmother
being
seised
of
certain
land
in
sée
holden
in
socage
,
did
by
her
last
wil
in
writing
bequeath
the
same
to
the
said
ij
.
daughters
,
&
to
the
heirs
of
their
ij
.
bodies
begotten
,
by
euen
portions
,
equally
to
be
diuided
,
the
remainder
to
the
mother
,
being
her
sole
daughter
and
heire
apparant
&
her
heires
:
and
after
the
mother
maried
a
second
husband
,
and
then
the
grandmother
dyed
,
after
whose
death
both
the
said
daughters
entred
into
the
said
lands
so
deuised
vnto
them
:
and
then
the
yonger
daughter
being
betwéene
the
age
of
xiiij
.
and
xvj
.
yeares
,
and
liuing
in
house
with
her
father
in
law
and
mother
,
of
her
owne
will
and
forwardnesse
,
and
with
the
consent
and
agréement
of
her
father
in
law
,
departed
foorth
of
his
house
in
a
morning
,
and
the
same
day
in
another
place
maried
a
husband
:
In
this
case
it
was
adiudged
,
that
the
said
yonger
daughter
had
forfeited
her
moitie
or
halfe
part
of
the
said
lands
so
deuised
vnto
her
,
The
daughters
forfeiture
for
mariage
without
her
mothers
consent
.
by
her
contracting
of
Matrimonie
,
and
that
her
said
mother
should
take
the
benefit
of
the
said
forfeiture
;
for
the
mother
had
the
custodie
and
gouernement
of
the
said
daughter
at
the
time
of
the
said
contract
,
by
the
special
words
and
prouision
of
the
said
statute
,
which
gouernment
was
annexed
to
the
person
of
the
mother
Iure
naturae
,
and
was
not
transferred
to
her
second
husband
by
her
mariage
,
as
her
lands
and
goods
were
,
and
so
her
husbands
consent
was
not
materiall
,
nor
that
consent
which
the
meaning
of
the
makers
of
that
statute
did
respect
and
prouide
for
.
And
though
the
daughter
was
forth
of
her
mothers
house
at
the
time
of
the
contract
of
mariage
,
yet
in
the
iudgement
of
law
the
mother
had
then
the
custodie
of
her
,
which
was
inseperable
from
her
person
.
And
seeing
the
foresaid
stat.
of
4.
St.
4.
&
5.
P.
&
M.
8.
&
5.
P.
&
M.
doth
giue
the
forf.
to
the
next
of
the
kin
to
whom
the
inheritance
should
discend
or
come
after
her
decease
,
during
the
life
of
such
person
that
so
shall
contract
matrimonie
,
therfore
the
partie
must
be
of
the
blood
,
&
next
of
the
blood
to
whom
the
inheritance
vpon
such
forf.
shal
discend
or
come
,
which
is
the
mother
,
&
not
the
eldest
sister
(
for
administration
may
be
granted
of
the
goods
of
the
son
,
or
of
the
daughter
,
dying
intestat
,
to
the
father
or
mother
,
as
to
the
next
of
the
blood
of
the
party
deceased
,
according
to
the
stat.
of
an
.
21.
H.
8.
5.
)
And
further
,
though
the
elder
sister
be
of
kin
to
the
yonger
,
yet
in
this
case
if
the
yonger
haue
any
issue
,
her
land
should
discend
to
her
issue
;
and
if
she
haue
no
issue
,
it
should
remaine
to
her
mother
:
for
that
the
elder
and
yonger
sisters
were
tenants
in
common
in
taile
,
though
they
neuer
made
partition
indeed
,
the
remainder
therof
to
their
mother
in
sée
,
by
force
of
the
said
deuise
of
their
grandmother
,
who
by
her
will
meant
and
ordained
,
that
the
land
should
bee
diuided
,
and
that
one
of
them
should
not
enioy
the
whole
as
suruiuor
to
the
other
.
41
Hauing
written
of
deceits
and
frauds
practised
or
performed
by
some
particular
persons
to
others
,
as
by
the
tenant
to
his
Lord
,
Seuerall
deceits
prohibited
by
seuerall
Statutes
the
debtor
to
the
creditor
,
the
seller
to
the
purchaser
,
the
lessor
to
the
lessée
,
&c.
I
am
now
to
expresse
and
discouer
some
other
guiles
,
frauds
,
and
falshoods
,
which
the
offendors
therin
do
endeuor
to
put
in
vse
or
practise
,
not
onely
against
any
one
,
two
,
or
more
speciall
persons
(
as
in
the
cases
aforesaid
)
but
against
euery
person
that
shall
put
them
in
trust
,
or
otherwise
shall
haue
occasion
to
vse
them
,
or
theirs
,
which
our
stat.
lawes
haue
accused
,
and
condemned
to
be
offences
,
and
haue
inflicted
vpon
the
transgressors
thereof
seuerall
punishments
.
As
,
by
the
stat.
of
Anno
9.
St.
9.
H.
5.
8.
H.
5.
falsifiers
and
counterfeiters
of
deceitfull
and
vntrue
weights
,
Counterfeiting
of
weights
deceitfull
.
being
attainted
thereof
,
shal
be
taken
by
Iust.
of
peace
,
Sherifes
,
Eschetors
,
&
other
commissioners
,
&
kept
in
prison
without
mainprise
,
vntil
they
haue
made
fine
and
ransome
according
to
the
Iust.
discretion
.
St.
23.
H.
8.
4
By
the
stat.
of
An.
23.
H.
8.
If
any
diminish
a
barrell
,
a
kilderkin
,
or
firkin
,
to
the
deceit
or
hurt
of
another
,
Deceit
by
diminishing
of
a
vessell
.
by
taking
out
the
head
or
any
staffe
,
he
shal
forf.
iij.
iiij
.
d.
and
be
punished
by
the
discretion
of
the
chiefe
officer
,
Deceitfull
things
vpon
fustian
.
before
whom
the
offence
shall
be
presented
,
and
the
vessell
shall
be
burned
.
By
the
stat.
of
An.
11.
H.
7.
Sat.
11.
H.
7.
27.
If
any
denizen
or
forreiner
shall
vse
yrons
or
other
deceitfull
thing
vpon
fustians
vnshorne
,
to
breake
off
the
nap
and
cotton
of
the
same
,
but
onely
the
broad
shéeres
,
he
shall
forfeit
for
euerie
offence
twentie
shillings
to
the
king
and
him
that
will
sue
.
By
the
statute
of
Anno
18.
Deceit
in
goldsmithes
work●
.
El.
If
any
Goldsmith
doe
make
any
Goldsmithes
worke
,
Sta.
18.
El.
14
or
plate
,
which
shall
be
touched
,
marked
,
or
allowed
for
good
by
the
Wardens
or
Masters
of
that
Mysterie
,
and
that
in
the
same
there
shall
be
found
any
falshood
or
deceit
,
then
the
sayd
Wardens
and
Corporation
shall
forfeit
the
value
of
the
thing
exchanged
or
sold
,
to
the
king
and
the
partie
grieued
.
By
the
Statute
of
Anno
1.
Deceitfull
vsing
of
linnen
cloth
.
Eliz.
If
any
do
cast
,
or
cause
to
be
cast
,
St.
1.
El.
12.
any
péece
of
linnen
cloth
ouer
a
péece
of
timber
,
and
doth
by
any
deuice
,
racke
,
draw
,
and
stretch
the
same
of
length
and
bredth
,
and
then
doth
beat
it
,
and
cast
deceitfull
liquors
mingled
with
chalke
or
other
things
,
vpon
it
:
or
doth
vse
any
other
deceitfull
thing
,
wherby
it
shal
be
the
worse
,
for
the
vse
thereof
,
then
he
shal
forf.
the
same
to
the
K.
and
him
that
will
sue
for
it
,
be
one
moneth
imprisoned
at
the
least
,
and
pay
such
fine
as
shall
be
assessed
by
the
Iustices
before
whom
he
is
condemned
.
By
the
Statute
of
Anno
19.
Deceits
in
weights
or
beames
for
pewter
or
brasse
.
H.
7.
St.
19.
H.
7.
6
4.
H.
8.
7.
If
any
person
vsing
buying
and
selling
of
Pewter
or
Brasse
,
doe
occupie
any
false
or
deceitfull
beames
or
weights
,
of
the
sayd
wares
,
hee
shall
forfeit
xx
.
s.
to
the
King
and
the
partie
that
will
sue
.
And
if
hée
be
not
able
to
pay
so
much
,
he
shall
be
put
in
the
stockes
vntill
the
next
Market
day
,
and
then
set
on
the
Pillorie
all
the
Market
time
.
By
the
Statute
of
Anno
23.
Deceit
in
winding
of
wooll
.
H.S.
No
person
shall
wind
,
or
cause
to
be
wound
,
St.
23.
H.
8.
17.
any
fléece
of
wooll
,
not
béeing
sufficiently
washed
,
nor
put
in
a
fléece
any
clay
,
lead
,
stones
,
sand
,
tailes
,
deceitfull
lockes
,
cot
,
calles
,
cumber
,
lambes
wooll
,
nor
any
other
thing
whereby
the
fléece
may
be
the
more
weightie
,
to
the
deceit
and
losse
of
the
buyer
,
vpon
paine
to
forfeit
for
euery
fléece
vj.
pence
,
to
the
king
and
finder
and
proouer
of
the
same
deceit
.
Deceit
in
packing
of
wooll
.
By
the
Statute
of
Anno
8.
H.
6.
St.
8.
H.
6.
22
If
any
wooll
packer
doe
make
any
other
but
good
and
due
packing
,
hée
that
féeleth
himselfe
grieued
thereby
,
shall
haue
his
action
of
Trespasse
and
deceit
at
the
Common
law
against
him
.
And
if
any
stranger
doe
force
,
clacke
,
or
beard
any
wooll
,
hee
shall
forfeit
the
same
,
or
the
value
thereof
,
and
bée
imprisoned
.
By
the
Statute
of
Anno
23.
Deceit
in
vsing
of
waxe
or
hony
.
Eliz.
St.
23.
El.
8.
Euery
person
which
in
the
making
and
melting
of
waxe
or
hony
,
shall
vse
any
deceit
by
mingling
the
same
with
rosin
,
t●llow
,
turpentine
,
or
any
other
deceitfull
thing
,
to
the
intent
to
sell
,
or
offer
the
same
to
bee
sold
,
shall
forfeit
the
same
mingled
waxe
or
hony
.
And
if
it
be
sold
before
the
corruption
shal
be
found
,
then
he
shal
forf.
ij
.
s.
for
euery
pound
to
the
K.
&
the
party
deceiued
,
Deceit
in
Vpholsters
.
if
he
will
sue
.
By
the
stat.
of
An.
11.
H.
7.
&
An.
5.
E.
6.
St.
11.
H.
7.
19.
5.
E.
6.
23.
If
any
person
shal
make
to
the
intent
to
sell
,
or
offer
to
sell
,
any
featherbed
,
boulster
,
or
pillow
,
except
the
same
be
stuffed
with
drie
pulled
feathers
,
or
cleane
downe
onely
,
without
mingling
of
scalded
feathers
,
fen-downe
,
thistle
down
,
sands
,
lime
,
grauel
,
haire
,
or
any
other
deceitfull
or
corrupt
stuffe
:
or
shal
make
to
the
intent
to
sell
,
or
offer
to
put
to
sale
,
any
quilt
,
mattrice
,
or
cushions
,
which
shall
bee
stuffed
with
any
other
thing
than
feathers
,
wooll
,
or
flockes
alone
,
hee
shall
forfeit
the
same
so
sold
,
or
offered
to
be
sold
,
to
the
K.
and
him
that
will
sue
.
By
the
stat.
of
Anno
1.
Bringing
in
deceitful
hops
Iac.
If
any
forreiner
,
denizen
,
or
Englishman
,
shall
bring
,
St.
1.
Iac.
1●
.
or
cause
to
be
brought
into
this
realm
,
out
of
any
forreine
dominion
beyond
the
sea
,
any
deceitful
hops
mixed
with
powder
,
dust
,
sand
,
or
other
soile
whatsoeuer
,
he
shal
forf.
the
same
hops
.
And
if
any
Brewer
of
ale
or
béere
,
which
shall
buy
the
same
brought
from
beyond
the
seas
,
or
growing
within
this
realme
,
shall
spend
the
same
about
the
brewing
of
ale
or
béer
to
be
sold
,
being
corrupt
or
mixt
with
powder
,
dust
,
or
any
soil
whatsouer
,
he
shal
forf.
the
same
,
or
the
value
therof
to
the
K.
and
him
that
will
seise
or
sue
for
the
same
.
For
the
auoiding
of
great
deceits
committed
in
selling
of
sundry
sorts
of
corrupt
and
mingled
spices
,
drugges
,
wares
,
St.
1.
Iac.
19.
and
other
marchandizes
garbleable
,
by
a
statute
made
Anno
1.
Deceit
in
spices
&
drugs
.
Iac.
it
was
ordained
,
That
all
spices
,
wares
,
drugges
,
and
other
marchandizes
garbleable
,
shall
for
the
fées
vsually
allowed
in
that
behalfe
,
be
sufficiently
garbled
and
diuided
,
and
after
sealed
by
the
garbler
,
his
deputy
or
seruant
,
before
the
same
be
sold
,
&
shall
not
after
be
mixed
with
any
garble
,
vpon
paine
of
the
forf.
of
the
same
,
or
the
value
thereof
,
Deceit
in
Woollen
cloth
to
the
King
and
him
that
will
sue
for
the
same
.
And
because
in
seuerall
ages
there
haue
bin
diuers
&
many
deceits
and
frauds
practised
&
put
in
vre
in
the
spinning
,
carding
,
&
dying
of
wooll
&
woollen
yarne
,
&
in
the
making
,
weauing
,
fulling
,
watering
,
tucking
,
milling
,
rowing
,
dying
,
thicking
,
folding
,
pressing
,
tacking
,
mingling
,
tentering
,
straining
,
stretching
,
measuring
,
searching
,
marking
,
&
sealing
of
woollen
cloth
,
&
in
the
length
,
bredth
,
&
weight
thereof
,
to
the
preiudice
&
hinderance
of
the
buiers
or
wearers
of
the
same
:
for
the
preuention
&
restraint
whereof
,
by
the
statutes
made
Ann̄
2.
E.
3.
14.
3.
R.
2.
2.
13.
R.
2.
11.
4.
H.
4.
6.
7.
H.
4.
10.
13.
H.
4.
4.
6.
H.
8.
9.
25.
H.
8.
18.
27.
H.
8.
12.
3.
Ed.
6.
2.
5.
Ed.
6.
6.
4.
&
5.
P.
&
M.
5.
8.
El.
12.
23.
El.
9.
27.
El.
18.
35.
El.
10.
39.
El.
20.
43.
El.
10.
3.
Iac.
16.
it
was
ordained
&
enacted
,
how
the
wooll
prouided
for
the
making
of
cloth
to
be
sold
,
shal
be
spun
,
carded
,
&
dyed
,
and
of
what
length
,
bredth
,
&
weight
seuerall
sorts
of
clothes
wrought
in
seuerall
counties
,
cities
,
townes
,
and
parts
of
the
realm
made
to
be
put
to
sale
,
shall
and
ought
to
be
,
and
how
&
in
what
maner
&
sort
the
same
seueral
clothes
shall
be
made
,
wouen
,
fulled
,
watered
,
tucked
,
milled
,
rowed
,
dyed
,
thicked
,
folded
,
pressed
,
tacked
,
mingled
,
tentered
,
strained
,
stretched
,
measured
,
searched
,
marked
,
&
sealed
,
&
seueral
penalties
be
inflicted
vpon
the
transgressors
therin
,
if
any
of
the
same
be
omitted
,
or
otherwise
vsed
then
they
ought
to
be
.
Euery
of
which
to
set
downe
particularly
,
or
so
much
thereof
as
at
this
present
are
reputed
in
force
,
would
require
a
large
discourse
or
whole
Treatise
by
it self
.
And
the
which
I
do
the
rather
refraine
to
set
downe
&
expresse
,
because
it
is
doubtfull
and
disputable
,
whether
any
branch
or
article
in
either
of
the
foresaid
statutes
or
any
other
statute
doe
repeale
,
diminish
,
or
alter
the
force
of
any
other
former
statute
or
braunch
of
statute
.
And
therefore
consider
of
thrée
seuerall
branches
of
repeale
in
the
before
mentioned
statutes
of
Anno
5.
Ed.
6.
6.
8.
El.
12.
&
43.
El.
10.
Et
quaere
.
42
As
the
gouernors
of
this
state
haue
bin
prouident
from
time
to
time
to
preuent
&
punish
deceits
and
frauds
,
when
they
were
practised
towards
mens
lands
,
leases
,
annuities
,
rents
,
debts
,
or
other
goods
,
cattels
,
or
rights
,
so
haue
they
taken
care
,
that
mans
health
shal
be
preserued
,
&
their
bodies
defended
from
féeding
vpon
deceitful
&
corrupt
victuall
,
&
haue
ordained
laws
to
punish
those
who
in
stéed
of
good
,
deceiued
men
with
bad
,
corrupt
,
&
vnwholsome
vïands
:
as
it
appeareth
by
the
stat.
made
An.
51.
H.
3.
&
An.
51.
E.
1.
wherby
it
is
ordained
,
That
a
butcher
the
selleth
swines
flesh
measled
,
St.
51.
H.
3.
3
St.
51.
Ed.
1.
or
flesh
dead
of
the
morion
,
Deceit
by
selling
of
vnholesome
victuals
.
after
that
he
shal
be
conuict
therof
,
for
the
first
time
shal
be
grieuously
amerced
,
the
second
time
he
shal
be
adiudged
to
the
pillory
,
the
third
time
he
shal
be
imprisoned
,
&
make
fine
,
&
the
fourth
time
he
shall
forsweare
the
towne
.
And
in
this
manner
shal
it
be
done
of
all
that
offend
in
like
case
,
as
of
cookes
that
séeth
flesh
or
fish
any
waies
that
is
not
holesome
for
mans
body
,
or
after
that
they
haue
kept
it
so
long
,
that
it
looseth
the
naturall
holesomenesse
,
then
séeth
it
againe
,
and
sell
it
.
And
in
like
sort
,
St.
39.
El.
10
by
one
other
statute
made
An.
39.
El.
it
was
enacted
,
That
if
any
alien
or
stranger
born
,
or
any
denizen
or
naturall
born
subiect
of
this
realme
shal
bring
into
any
hauen
,
port
,
créeke
,
or
town
of
this
realme
any
salt
fish
or
salt
herrings
which
shal
not
be
good
,
swéet
,
seasonable
,
&
méet
for
mans
meat
,
&
shal
offer
the
same
to
be
sold
,
and
shall
be
warned
by
any
officer
of
such
Port
&c.
where
the
same
shal
be
offered
to
be
sold
,
that
the
same
be
not
seasonable
,
nor
méet
for
mans
meat
:
Then
if
he
or
they
shall
after
that
offer
any
of
the
said
vnseasonable
fish
to
be
sold
to
any
person
within
this
Realme
:
or
being
an
alien
borne
,
and
no
denizen
,
shall
not
depart
with
the
same
from
the
said
Hauen
,
Port
,
or
Towne
so
soone
as
conueniencie
will
serue
:
Then
all
and
euery
person
,
owners
therof
,
shall
forfeit
to
the
Queen
all
the
said
vnseasonable
fish
,
vnméet
for
mans
meat
,
as
is
aforesaid
.
And
by
a
statute
made
Anno
4.
Ed.
3.
it
was
established
,
St.
4.
E.
3.
12
That
assay
shall
be
made
of
wines
twice
euery
yeare
,
once
at
Easter
,
and
another
time
at
Michaelmas
,
and
more
oft
if
néed
be
,
by
the
lords
of
the
Townes
,
and
their
Baylifes
,
and
also
by
the
Mayors
and
Baylifes
of
the
same
townes
:
and
all
wines
that
be
found
corrupt
shal
be
powred
out
,
and
the
vessels
broken
.
❧
Extortion
,
Exaction
.
1
EXtortion
is
a
wrong
done
by
an
Officer
,
What
is
Extortion
.
as
Ordinarie
,
Archdeacon
,
Officiall
,
Maior
,
Bailife
,
Shirife
,
Escheator
,
Coroner
,
Vndershirife
,
Auditor
,
Receiuer
,
Clerke
,
or
other
Officer
,
or
by
any
other
by
colour
of
an
office
,
in
taking
of
an
excessiue
reward
or
fée
,
and
more
then
the
law
doth
allow
him
,
for
execution
of
his
said
office
:
which
offence
in
some
degrées
is
worse
then
the
priuy
picking
of
a
mans
purse
in
secret
,
and
the
transgressor
in
a
sort
may
be
compared
to
the
Fréebooter
,
which
with
drawne
sword
and
with
menacing
words
assaulteth
the
trauailer
by
the
way
,
who
casteth
down
his
purse
to
him
for
feare
of
further
hurt
:
And
so
is
the
poore
sutor
many
times
inforced
to
doe
to
the
Officer
,
when
of
necessitie
he
must
vse
his
helpe
.
It
is
a
thing
most
odious
and
offensiue
to
the
iustice
and
peace
of
the
Realme
,
and
to
all
the
members
thereof
,
that
those
men
who
be
specially
made
choice
of
,
and
principally
selected
to
serue
their
prince
and
countrey
,
and
to
further
the
execution
of
iustice
in
their
offices
and
places
,
and
be
sufficiently
rewarded
with
conuenient
stipends
for
their
paines
therein
,
should
in
contempt
of
the
law
assesse
their
owne
fées
,
in
a
sort
put
their
hands
in
other
mens
purses
,
and
there
take
what
they
will
,
and
thereby
doe
wrong
,
vnder
the
colour
and
shadow
of
iustice
.
Exaction
is
a
wrong
done
by
an
officer
,
What
is
Exaction
.
or
by
one
pretending
to
haue
authoritie
,
in
demaunding
and
taking
reward
or
fée
for
that
matter
,
cause
,
or
thing
,
which
the
law
doth
allow
no
fée
at
all
.
And
as
our
common
&
statute
lawes
haue
declared
,
which
offences
or
acts
they
doe
condemne
and
adiudge
as
Extortions
and
Exactions
,
so
haue
they
prescribed
in
most
cases
seuerall
penalties
to
be
inflicted
vpon
the
seuerall
transgressors
therein
,
leauing
the
residue
to
be
punished
at
the
kings
pleasure
,
or
by
the
discretion
of
such
of
his
Iudges
,
Iustices
,
or
others
by
his
commission
authorized
,
before
whom
the
offendors
shall
be
thereof
conuicted
.
And
further
,
our
said
statute
lawes
haue
set
downe
for
the
most
part
,
what
fées
or
duties
the
sutor
ought
to
pay
to
the
officer
,
&
the
officer
is
to
demaund
of
him
;
to
the
intent
that
the
one
shall
not
be
ignorant
what
to
offer
,
nor
the
other
what
to
require
;
and
to
the
end
,
that
the
Law
hauing
written
it
in
a
sort
in
the
officers
forehead
what
his
duty
is
,
he
may
blush
when
he
looketh
in
the
sutors
face
,
and
demaundeth
more
.
2
I
will
begin
with
an
Exaction
,
that
no
former
generation
did
tast
of
,
heare
of
,
or
feare
,
but
it
hath
sprung
vp
of
later
yeares
,
&
bin
greatly
exclaimed
of
,
and
condemned
in
this
our
present
age
(
which
is
taking
of
money
,
or
some
other
reward
for
a
Report
or
Certificat
)
wherein
the
offendor
most
commonly
doth
a
double
iniury
,
and
to
two
seuerall
persons
,
viz.
first
to
him
whose
mony
,
fee
,
or
other
reward
he
taketh
for
the
fauourable
making
of
that
report
in
his
behalfe
,
whereas
the
law
doth
allow
him
none
for
reporting
,
but
otherwise
bountifully
rewardeth
him
for
that
and
all
such
other
paines
,
and
next
and
chiefely
to
him
,
in
preiudice
of
whom
,
or
whose
case
he
maketh
that
report
.
He
doth
not
now
indifferently
respect
the
cause
in
question
,
but
bendeth
his
eye
vpon
the
reward
which
he
hath
receiued
,
and
deuiseth
to
accomplish
the
request
of
the
one
,
and
yet
to
yéeld
to
the
other
not
the
effect
,
but
some
colour
of
iustice
.
The
King
at
his
coronation
doth
promise
to
all
his
subiects
,
Mag.
Chart.
St.
9.
H.
3.
29
Quod
nulli
vendemus
,
nulli
negabimus
,
aut
differemus
iusticiam
:
whereupon
the
whole
realme
did
take
it
vnkindly
at
their
hands
,
who
being
the
kings
Substitutes
in
place
of
iustice
,
and
receiuing
but
a
small
particle
of
his
authoritie
,
would
doe
then
all
the
said
offences
at
once
,
and
sell
,
denie
,
and
deferre
iustice
to
some
of
the
kings
subiects
,
&
certifie
that
for
good
which
was
bad
,
or
that
for
iustice
which
was
méere
iniurie
:
Or
if
they
did
make
report
and
certificat
of
that
which
was
iust
and
true
,
would
sell
it
,
and
take
money
or
other
reward
for
it
,
which
the
king
himselfe
vpon
his
oath
refuseth
to
doe
.
And
therefore
,
because
all
ex●●tions
,
extortions
,
and
corruptions
be
odious
as
well
in
this
,
as
in
all
other
well
gouerned
Commonweales
,
and
to
the
intent
to
preuent
the
like
enormities
in
this
and
other
ages
,
by
a
statute
made
Anno
1.
Iacob
.
it
was
enacted
,
St.
1.
Iac.
10
That
no
person
to
whom
any
order
or
cause
shal
be
committed
,
Exaction
by
taking
or
reward
for
a
report
.
or
referred
,
by
any
of
the
Kings
Iudges
,
or
Courts
at
Westminster
,
or
any
other
Court
,
directly
or
indirectly
,
or
by
any
act
,
shift
,
colour
,
or
deuice
,
haue
,
take
,
or
receiue
any
money
,
fée
,
reward
,
couenant
,
obligation
,
promise
,
agréement
,
or
any
other
thing
,
for
his
report
or
certificat
,
by
writing
,
or
otherwise
,
vpon
paine
of
forfeiture
of
one
hundred
pounds
for
euery
such
report
or
certificat
;
and
to
be
depriued
of
his
office
and
place
in
the
same
Court
:
The
one
moitie
to
be
to
the
king
,
his
heices
&c.
the
other
moitie
to
the
party
grieued
,
which
will
sue
for
the
same
at
any
time
during
the
said
suit
,
or
within
one
yeare
after
the
same
cause
discontinued
or
decréed
:
and
in
his
default
of
such
suit
,
to
him
or
them
that
will
sue
for
the
same
by
originall
writ
,
B.
P.
or
I.
in
the
Kings
Court
of
Starre-chamber
,
or
in
any
of
his
Courts
of
Record
at
Westminster
:
in
which
suit
by
B.
P.
or
I.
no
W.
E.
P.
S.
P.
or
any
other
delay
shall
be
admitted
.
The
Clerkes
duty
.
Prouided
neuerthelesse
,
That
it
shal
be
lawfull
for
the
Clerke
to
take
for
his
paines
for
writing
of
euery
such
report
or
certificat
twelue
pence
for
the
first
side
,
and
two
pence
for
euery
side
after
,
and
no
more
,
vpon
paine
to
forfeit
tenne
shillings
for
euery
penny
taken
,
ouer
and
aboue
the
said
summes
to
be
had
and
recouered
as
aforesaid
.
Extortion
in
the
shirife
,
coroner
,
&
other
officers
.
3
For
that
the
kings
of
this
Realme
haue
allowed
to
their
Officers
from
time
to
time
sufficient
Salaries
to
maintaine
them
,
according
to
their
estates
and
degrées
,
to
the
intent
that
they
should
not
otherwise
extort
any
thing
from
their
subiects
,
but
such
fées
&
duties
,
as
the
auncient
customes
,
laws
,
or
statutes
of
the
realme
did
allow
them
.
Therfore
by
the
statute
of
West
.
1.
it
was
ordained
,
That
if
any
shirife
,
coroner
,
St.
3.
E.
1.
26
or
other
officer
of
the
kings
do
take
any
thing
to
execute
his
office
,
but
only
that
which
the
king
alloweth
him
,
he
shal
render
double
to
the
party
,
and
shal
be
punished
at
the
kings
pleasure
.
St.
3.
E.
1.
29
4
To
preuent
extortion
in
certaine
Officers
of
the
Iudges
,
Extortion
in
a
Serieant
,
Crier
,
or
Marshall
,
of
a
Iudge
.
by
the
same
stat.
of
West
.
1.
it
was
enacted
,
That
if
the
Serient
,
Crier
,
or
Marshall
of
any
Iustice
,
do
wrongfully
take
mony
of
any
which
doth
recouer
land
,
obtaine
his
suit
,
leuie
a
fine
,
or
prosecute
any
suit
touching
any
plea
of
the
Crowne
,
he
shal
be
punished
at
the
kings
pleasure
,
and
yéeld
treble
damages
to
the
party
grieued
.
And
if
hée
be
a
Serieant
of
fée
,
his
Office
shal
be
seised
into
the
K.
hands
.
But
in
an
attaint
,
29.
Ass.
p.
13
if
the
plaintife
be
nonsuit
,
euery
of
the
petit
Iurie
shall
pay
xij
.
d.
to
the
Marshall
,
and
be
discharged
.
5
To
eschew
extortion
which
in
some
cases
before
had
béen
committed
by
some
Coroners
,
St.
1.
E.
1.
10.
St.
1.
H.
8.
7
first
by
the
stat.
of
anno
3.
E.
1.
Extortion
in
a
Coroner
.
and
after
that
by
the
stat.
of
anno
1.
H.
8.
it
was
established
,
That
a
Coroner
vpon
request
made
to
him
to
come
,
and
inquire
vpon
the
view
of
any
person
slaine
,
drowned
,
or
otherwise
dead
by
misaduenture
,
the
same
Coroner
shall
doe
his
office
diligently
,
vpon
the
view
of
the
bodie
of
euerie
such
person
or
persons
,
without
taking
any
thing
therefore
,
vpon
paine
to
euery
Coroner
that
will
not
endeuor
himselfe
to
doe
his
Office
,
as
is
aforesaid
:
or
that
hée
taketh
any
thing
for
dooing
of
his
Office
vpon
euerie
person
dead
by
misaduenture
,
for
euerie
time
fortie
shillings
.
27.
Ass.
p.
14
And
vpon
the
said
statute
of
Anno
3.
Ed.
1.
two
Coroners
were
indicted
of
Extortion
,
for
that
they
had
taken
of
some
of
the
K.
people
,
halfe
a
mark
at
seuerall
times
,
contrarie
to
the
foresaid
stat.
and
their
othes
,
and
therefore
they
paid
a
fine
to
the
King
.
6
Because
the
Sherife
of
euerie
Countie
is
a
great
and
necessarie
Officer
in
the
Commonweale
,
and
vsed
as
a
speciall
instrument
to
the
furtherance
of
iustice
,
in
all
suits
pursued
at
the
common
law
,
and
his
seruice
is
imployed
in
the
beginning
,
prosecuting
,
and
ending
of
the
most
of
them
:
therefore
as
the
law
hath
alwayes
had
a
speciall
regard
of
him
,
and
foreséene
that
he
shall
be
a
man
of
wisedome
,
of
worth
,
of
credit
,
countenance
,
and
ability
,
and
that
he
shall
be
allowed
a
conuenient
stipend
,
and
salary
for
his
pains
in
most
cases
:
so
doth
she
carrie
a
vigilant
and
watchfull
eye
vpon
him
,
and
his
inferiour
Officers
,
or
Substitutes
,
knowing
what
grieuous
oppressions
might
ensue
,
if
she
should
leaue
a
man
of
his
authoritie
,
and
necessarie
imployment
,
at
libertie
to
diue
at
his
pleasure
into
other
mens
purses
,
and
to
take
what
hee
would
;
and
therefore
she
hath
restrained
him
,
his
Vndersherife
,
Bailife
of
Franchise
,
and
other
Bailife
within
certaine
lists
,
and
assigned
them
what
they
shall
take
for
Arrests
,
Attachements
,
Mainprises
,
letting
to
Baile
,
and
seruing
of
Executions
,
which
if
any
of
them
do
excéed
,
he
shall
forfeit
the
penalties
hereafter
expressed
,
and
be
adiudged
an
extortioner
:
Extortion
in
Sherifes
,
Vndersherifs
Bailifes
.
As
appeareth
by
the
stat.
of
An.
23.
St.
23.
H.
6.
10.
H.
6.
whereby
it
was
ordained
,
That
no
Sherife
,
Vndersherife
,
Bailife
of
Franchise
,
nor
any
other
Bailif
,
by
occasion
,
or
vnder
colour
of
his
Office
,
shall
take
any
other
thing
,
by
themselues
,
or
by
any
other
person
to
their
vse
,
or
to
their
profit
,
of
any
person
by
any
of
them
arrested
,
or
attached
,
nor
of
any
other
for
them
,
for
the
omitting
of
any
arrest
or
attachement
to
bée
made
by
their
bodies
,
or
of
any
person
by
any
of
them
by
force
or
colour
of
their
office
arrested
or
attached
,
for
fine
,
fée
,
mainprise
,
letting
to
bayle
,
or
for
shewing
any
ease
or
fauour
to
any
such
person
so
arrested
,
The
fées
of
the
Sherife
for
arrests
,
&c.
for
their
reward
or
profit
,
but
such
as
followeth
,
viz.
The
Sherife
xx
.
d
,
the
Bailife
which
maketh
the
arrest
or
attachement
iiij
.
d.
the
Gaoler
(
if
the
prisoner
be
committed
to
his
ward
)
iiij
.
The
Sherifes
duetie
for
the
making
of
a
copie
of
a
Panel
d.
The
Sherife
,
Vndersherife
,
Sherifes
Clerke
,
Steward
,
or
Bailif
of
Franchise
,
seruant
to
the
Bailife
,
or
Coroner
,
shall
not
take
by
colour
of
his
office
,
by
himselfe
,
nor
by
any
other
person
to
his
vse
,
any
thing
of
any
person
,
for
making
of
any
returne
or
panell
,
and
for
the
copie
of
a
panell
iiij
.
d.
No
Sherife
,
nor
none
of
the
officers
aforesaid
,
shall
take
,
or
cause
to
be
taken
or
made
any
obligation
by
colour
of
their
office
,
but
onely
to
themselues
,
of
any
person
,
nor
by
any
person
which
shall
be
in
their
ward
by
course
of
the
law
,
but
in
the
name
of
their
office
,
and
vpon
condition
written
,
that
the
said
prisoners
shall
appeare
at
the
day
of
the
said
writs
,
bils
,
or
warrants
,
and
in
such
places
as
the
said
writs
,
bils
,
or
warrants
shall
require
.
And
if
any
of
the
said
Sherifes
,
or
other
officers
aforesaid
,
take
any
Obligation
in
any
other
forme
,
by
colour
of
their
offices
,
it
shall
be
void
.
And
he
shall
take
no
more
for
making
of
any
such
obligation
,
The
Sherifes
,
&c.
forfeiture
for
extortion
.
warrant
,
or
precept
by
him
to
be
made
,
but
iiij
.
d.
And
all
Sherifes
,
Vndersherifes
,
Clerks
,
Bailifes
,
Gaolers
,
Coroners
,
Stewards
,
Bailifes
of
Franchises
,
or
any
other
Officers
or
Ministers
,
which
doe
contrarie
to
the
foresaid
ordinances
,
in
any
point
of
the
same
,
shall
lose
to
the
partie
in
this
behalfe
endammaged
or
grieued
,
his
treble
dammages
,
and
shal
forfeit
xl
.
l.
at
euery
time
that
any
do
the
contrarie
in
any
point
of
the
same
,
whereof
the
king
shall
haue
the
one
halfe
,
to
be
imployed
onely
to
the
vse
of
his
house
,
&
the
party
that
will
sue
,
The
warden
of
the
Fleete
.
the
other
.
But
the
Warden
of
the
Fléet
,
and
of
the
K.
palace
at
West
.
shall
not
be
preiudiced
by
this
ordinance
,
in
his
dutie
of
his
office
.
Extortion
in
a
Sherife
for
sparing
of
a
Iuror
.
7
To
the
intent
that
the
Sherife
nor
any
of
his
officers
should
take
any
reward
,
for
the
sparing
to
returne
any
Iuror
,
and
by
that
meanes
commit
extortion
,
by
a
stat.
made
anno
27.
El.
it
was
prouided
,
That
if
any
Sherife
,
St.
27.
El.
6.
Vndersherife
,
Sherifes
deputie
,
Sherife
or
Vndersherifes
Clerke
,
or
any
Bailife
of
Franchise
,
shall
receiue
,
haue
,
or
take
,
by
himselfe
,
or
any
other
,
any
summe
of
money
,
reward
,
or
other
profit
,
directly
or
indirectly
,
or
do
take
any
promise
,
make
any
agréement
,
or
assent
to
haue
any
summe
of
money
,
reward
,
or
other
profit
,
directly
or
indirectly
,
of
any
person
or
persons
,
for
the
sparing
,
not
warning
,
or
not
returning
of
any
person
to
be
sworn
as
a
Iuror
,
for
the
tryal
of
any
issue
ioyned
in
any
of
the
courts
of
the
K.
Bench
,
Common
Pleas
,
and
Exchequer
,
or
before
any
Iustice
:
then
euery
Sherife
&c.
so
offending
,
shal
forfeit
for
euery
such
offence
v.
l.
to
the
K.
and
I.
to
be
recouered
in
any
Court
of
Record
by
A.
B.
P.
I.
&c.
wherein
no
W.E.P.
&c.
How
much
Sherifes
may
take
for
seruing
of
an
execution
.
8
And
for
that
our
later
age
thought
it
as
expedient
to
preuent
extortion
or
oppression
in
Sherifes
and
other
their
Officers
in
seruing
of
executions
,
as
the
former
age
did
in
making
of
arrests
or
attachements
,
&c.
and
to
the
intent
that
the
Sherife
and
his
Officers
might
know
what
to
demaund
and
take
for
the
seruing
of
an
execution
,
without
danger
of
extortion
,
and
that
the
sutor
might
be
ascertained
what
to
offer
and
pay
therefore
,
without
any
scruple
of
receiuing
iniurie
,
by
a
statute
made
An.
29.
Eliz
or
rather
An.
28.
St.
29.
El.
4.
St.
28.
El.
4.
Eliz.
it
was
enacted
,
That
it
shal
not
be
lawful
,
to
,
or
for
any
Sherif
,
Vnder-sherife
,
Bialife
of
Franchises
,
or
liberties
,
nor
for
any
of
their
,
or
either
of
their
officers
,
ministers
,
seruants
,
Balifes
or
Deputies
,
nor
for
any
of
them
,
by
reason
or
colour
of
their
or
either
of
their
offices
,
to
haue
,
receiue
,
or
take
of
any
person
or
persons
whatsoeuer
,
directly
or
indirectly
,
for
the
seruing
and
executing
of
any
extent
or
execution
vpon
the
body
,
lands
,
goods
or
chattels
of
any
person
or
persons
whatsoeuer
,
more
or
other
consideration
or
recompence
,
than
in
this
Act
is
and
shall
be
limited
,
which
shall
be
lawfull
to
bee
had
,
receiued
,
and
taken
,
viz.
twelue
pence
of
and
for
euery
20.
shillings
,
where
the
summe
excéedeth
not
an
hundred
pounds
,
and
sixe
pence
of
and
for
euery
20.
shillings
,
being
ouer
&
aboue
the
said
summe
of
an
hundred
pounds
,
that
he
or
they
shall
so
leuy
,
or
extend
and
deliuer
in
execution
,
or
take
the
body
in
execution
for
,
by
vertue
and
force
of
any
such
extent
or
execution
whatsoeuer
,
vpon
paine
&
penaltie
,
that
all
and
euery
Shirife
,
Vndershirife
,
Baylife
of
Franchises
&c.
which
at
any
time
shall
directly
or
indirectly
doe
the
contrary
,
shall
loose
to
the
party
grieued
his
treble
dammages
,
&
shall
forf.
xl
.
l.
of
lawful
English
money
for
euery
time
that
he
,
they
,
or
any
of
them
shall
do
the
contrary
,
to
the
Q.
&
I.
to
be
recouered
by
A.
S.
B.
or
I.
wherein
no
W.E.P.
Prouided
alwaies
,
Execution
within
cities
or
townes
corporat
.
that
this
act
shall
not
extend
to
any
fées
to
be
taken
or
had
for
any
execution
within
any
city
or
towne
corporat
.
St.
2.
H.
4.
8
9
By
the
stat.
of
An.
2.
H.
4.
it
was
established
,
Extortion
in
the
chirographer
of
the
common
place
That
the
Chirographer
of
the
common
place
,
nor
his
fermor
,
deputy
,
or
lieutenant
,
shall
not
take
any
more
then
iiij
.
s.
for
any
fine
leuied
in
the
same
court
.
And
if
the
fermor
,
deputy
,
or
lieutenant
do
take
any
more
,
he
shall
forf.
his
office
,
be
excluded
the
same
court
,
suffer
one
yéeres
imprisonment
,
&
pay
to
the
party
grieued
his
treble
damages
:
and
the
party
grieued
shall
haue
his
suit
before
the
same
Iustices
.
Sta.
33.
H.
8.
39.
10
By
the
stat.
of
Ann.
33.
H.
8.
it
was
enacted
,
Extortion
in
auditors
,
or
their
clerkes
.
That
if
any
auditor
of
the
Exchequer
,
Duchy
of
Lancaster
,
&
court
of
Wards
and
Liueries
,
or
any
of
his
clerkes
,
or
any
other
,
to
their
or
any
of
their
vse
,
shall
take
for
the
inrolment
of
any
letters
patents
,
decrées
of
the
same
courts
,
grants
,
or
indentures
of
leases
,
or
for
the
allowance
of
the
same
,
aboue
3.
s.
4.
d.
he
so
offending
shal
forf
.
6.
s.
8.
d
for
euery
peny
that
he
taketh
aboue
the
foresaid
summe
,
to
the
K.
&
I.
&c.
to
be
recouered
by
A.
I.
wherein
no
W.E.P.
&c.
And
if
any
person
doe
offer
to
any
such
auditor
any
such
letters
patents
,
decrées
,
or
leases
,
to
be
inrolled
,
hée
shall
inroll
the
same
,
or
as
much
thereof
as
shall
appertaine
to
his
office
.
St.
33.
H.
8.
39.
11
By
the
same
stat.
of
An.
33.
H.
8.
it
was
moreouer
ordained
,
Extortion
in
the
kings
receiuers
.
That
euery
receiuer
of
the
Exchequer
,
Duchy
of
Lancaster
,
&
court
of
Wards
&
Liueries
,
which
shall
pay
to
any
person
an
annuity
,
pention
,
or
other
rent
,
shall
(
if
the
same
person
will
vpon
the
receit
thereof
deliuer
vnto
him
a
sufficient
acquittance
,
sealed
&
signed
,
testifying
the
same
receit
)
receiue
the
same
,
without
taking
any
reward
therefore
,
vpon
paine
to
forf.
for
euery
penny
or
pennyworth
receiued
,
6.
s.
8.
d.
And
if
the
party
do
not
deliuer
such
a
sufficient
acquittance
,
but
that
the
receiuer
or
his
clerke
doth
make
the
same
,
he
shall
haue
therefore
4.
d.
and
if
he
take
aboue
4.
d.
he
shall
forf.
for
euery
penny
or
pennyworth
so
taken
,
6.
s.
8.
d.
And
if
any
Treasurer
,
Receiuer
,
or
Minister
accomptant
,
Extortion
in
them
who
doe
pay
fées
,
pentions
,
&c.
or
their
deputies
,
which
shall
pay
to
any
person
any
fée
,
annuity
,
pention
,
dutie
,
warrant
,
or
rent
,
do
retaine
,
receiue
,
or
take
of
the
party
to
whom
he
shal
pay
the
same
,
in
way
of
reward
,
or
otherwise
,
aboue
4.
d.
for
euery
l.
that
he
shal
pay
,
he
shal
forf.
6.
s.
8.
d.
for
euery
penny
or
pennyworth
that
he
shall
receiue
ouer
,
to
the
party
grieued
,
to
be
recouered
by
A.
B.
or
P.
wherein
no
W.
E.
or
P.
&c.
12
By
the
stat.
of
An.
26.
H.
8.
it
was
ordained
,
Extortion
in
officers
of
the
Exchequer
.
That
if
any
Officer
of
the
exchequer
do
take
of
any
archbishop
,
bishop
,
or
other
person
hauing
charge
with
the
collection
and
payment
of
the
Tenth
of
Spirituall
promotions
,
any
reward
for
making
his
account
or
Quietus
est
in
the
same
Exchequer
,
or
for
any
thing
concerning
the
Tenth
,
he
shall
forfeit
his
office
,
and
make
fine
at
the
kings
pleasure
.
Extortion
in
a
clerke
of
the
signet
o●
priuy
seale
.
13
By
the
statute
of
Anno
27.
H.
8.
it
was
established
,
St.
27.
H.
8
,
11
That
all
and
euery
Clerke
,
and
Clerkes
of
the
Signet
,
and
priuie
Seale
,
shall
haue
and
take
for
his
or
their
writing
of
a
warrant
vpon
a
Bill
for
Tales
of
reward
,
twelue
pence
:
for
the
writing
of
a
warrant
for
the
gift
of
euery
office
,
twenty
pence
:
for
the
writing
of
a
warrant
for
a
pention
,
annuitie
,
or
wages
,
twenty
pence
:
for
the
writing
of
a
warrant
for
a
speciall
Liuery
,
or
other
perpetuity
,
sixe
shillings
eight
pence
:
for
the
writing
of
a
warrant
vpon
euery
bill
for
a
Conge
deslier
,
royall
assent
,
restitution
of
Temporalties
,
Donatiues
,
Aduocations
,
Presentations
,
or
other
Ecclesiasticall
matter
,
thrée
shillings
foure
pence
:
for
the
writing
of
euery
warrant
vpon
a
Placard
,
Licence
,
Pardon
,
or
Shirifes
reward
,
two
shillings
:
for
the
writing
of
euery
warrant
vpon
a
denizen
,
thrée
shillings
foure
pence
:
for
the
writing
of
a
warrant
for
the
kéeping
of
an
ideot
,
twenty
pence
:
for
the
writing
of
a
warrant
for
the
kéeping
of
a
Ward
,
thrée
shillings
foure
pence
.
And
no
Clerke
or
Clerkes
of
the
Signet
or
priuy
Seale
aforesaid
,
shall
take
for
the
writing
of
any
manner
warrant
aboue
specified
,
more
large
and
ample
fées
then
is
before
prescribed
,
vpon
paine
of
ten
pounds
to
be
forfeited
to
the
K.
&
I.
to
be
recouered
by
B.A.P.I.
in
any
of
the
kings
Courts
,
wherein
no
E.
P.
W.
shal
be
admitted
.
Extortion
by
officers
of
the
faculties
.
14
To
the
intent
that
the
Clerke
of
the
Faculties
,
St.
25.
H.
8.
21.
and
his
inferior
officers
and
clerks
might
content
themselues
with
their
fées
&
duties
assigned
,
&
extort
no
more
,
by
the
statute
of
Anno
25.
H.
8.
it
was
enacted
,
That
such
as
shall
exact
or
receiue
of
any
sutor
more
for
a
dispensation
,
faculty
,
or
licence
,
then
is
contained
in
the
two
bookes
of
one
tenor
of
Taxes
,
shall
forfeit
tenne
times
so
much
as
he
shall
so
extortiously
receiue
&
exact
,
to
the
K.
his
heires
&
successors
,
&
the
party
that
will
sue
,
to
be
recouered
by
A.
B.
P.
wherein
no
E.
W.
P
,
shal
be
admitted
.
Extortion
vpon
prentices
&
fréemen
.
15
Because
no
Extortion
should
bee
committed
vpon
apprentices
when
they
begin
or
end
their
termes
,
by
the
stat.
of
Anno
22.
H.
8.
&
Anno
28.
St.
22.
H.
8.
8
St.
22.
H.
8.
5
H.
8.
it
was
established
,
That
no
Masters
,
Wardens
,
or
Fellowships
of
crafts
,
nor
any
of
them
,
shall
take
of
any
apprentice
,
or
other
person
,
for
the
entry
of
the
said
prentice
into
their
said
Fellowship
,
aboue
the
summe
of
ij
.
s.
vj.
d.
nor
for
his
entry
when
his
yeares
or
terme
is
expired
,
aboue
iij.
s.
iiij
.
d.
vpon
paine
to
forf.
for
euery
time
that
they
or
any
of
them
shall
offend
contrary
to
this
act
,
xl
.
l.
to
the
K.
and
the
I.
&c.
to
be
recouered
by
A.
I.
&c.
wherein
no
P.
E.
&c.
The
fées
of
the
officers
of
the
court
of
wards
.
16
Because
the
makers
of
our
lawes
were
willing
to
giue
forewarning
to
the
officers
of
the
Court
of
Wards
to
eschew
extortion
,
St.
32.
H.
8.
46.
therefore
by
the
stat.
of
An.
32.
H.
8.
it
was
enacted
,
That
the
master
&
officers
of
the
Court
of
wards
&
liueries
shal
take
for
the
fées
of
all
proces
at
the
suit
of
the
parties
,
vnder
the
priuy
seale
of
the
same
court
,
ij
.
s.
vj.
d.
&
for
the
fées
of
al
commissions
directed
out
at
the
suit
of
the
parties
ij
.
s.
vj.
d.
&
for
recording
of
all
apparances
iiij
.
d.
&
no
more
.
St.
26.
H.
8.
3
17
By
the
statute
of
Anno
26.
H.
8.
The
fées
for
obligations
for
first
fruits
.
it
was
prouided
to
auoide
Extortion
in
the
officers
of
the
first
fruits
,
That
no
person
shall
compell
an
other
to
pay
for
any
writing
obligatorie
to
be
made
for
the
paiment
of
the
first
fruits
of
Ecclesiasticall
liuings
to
the
King
,
aboue
eight
pence
,
nor
for
any
acquitance
for
the
receit
thereof
,
aboue
foure
pence
.
18
For
that
Eschetors
should
know
what
is
their
duetie
for
the
finding
of
offices
,
and
for
the
execution
of
Writs
,
Extortion
by
Esc●cators
.
to
the
intent
that
they
might
thereby
the
easlier
shunne
the
danger
of
Extortion
,
if
they
will
:
by
a
statute
made
Anno
33.
St.
33.
H.
8.
22.
H.
8.
it
was
enacted
,
That
if
any
Escheator
doth
take
aboue
the
summe
of
xv
.
shillings
for
the
finding
of
an
office
of
any
lands
,
tenements
,
or
hereditaments
,
not
excéeding
the
cléere
yearely
valew
of
fiue
pound
,
viz.
for
the
Escheators
fée
vj.
s
viij
.
d
:
for
the
writing
of
the
office
iij.
s
iiij
.
d
:
for
the
charges
of
the
Iurie
iij.
s
,
and
for
the
officers
that
shall
receiue
the
said
office
in
any
court
of
Record
ij
.
s
,
he
shall
forfeit
for
euery
time
so
offending
,
v.
l.
to
the
K.
and
I.
to
be
recouered
by
A.
I.
wherein
no
W.E.P.
&c.
And
by
the
statute
of
Anno
23.
St.
23.
H.
6.
17.
H.
6.
it
was
ordained
,
That
if
an
Escheator
do
take
priuily
,
or
openly
,
by
himselfe
,
or
any
other
,
aboue
the
summe
of
xl
.
s
,
for
the
execution
of
any
Writ
in
one
countie
,
he
shall
forfeit
for
euery
offence
forty
pounds
,
whereof
one
halfe
shall
be
to
the
King
,
and
the
other
to
him
that
will
sue
.
19
To
preuent
Exactions
by
the
officers
of
the
Admiralty
vpon
those
who
trauaile
into
other
Countries
,
St.
2.
Ed.
6.
6
for
the
getting
of
fish
,
Exactions
vpon
them
who
trauaile
for
fish
.
by
a
Statute
made
Anno
2.
Ed.
6.
it
was
ordained
,
That
if
the
Admirall
,
or
any
officer
,
or
minister
of
the
Admiraltie
shall
exact
,
receiue
,
or
take
by
himselfe
,
his
seruant
,
or
deputie
,
of
any
merchant
,
or
fisherman
,
any
summe
of
mony
,
doles
or
shares
of
fish
,
or
any
other
reward
,
or
benefite
,
for
any
licence
to
passe
this
Realme
into
Island
,
New-found-land
,
Ireland
,
or
other
places
commodious
for
the
getting
of
fish
,
or
for
any
other
respect
concerning
the
said
voiages
:
hée
shall
forfeit
for
the
first
offence
treble
the
summe
,
or
valew
of
the
reward
so
taken
,
to
the
King
and
him
that
will
sue
for
the
same
,
to
be
recouered
by
A.I.
&c.
wherein
no
W.E.P.
&c.
And
for
the
second
offence
,
shall
loose
his
office
,
and
make
fine
at
the
Kings
pleasure
.
20
To
the
intent
that
the
Marshall
of
the
Marshalsey
of
the
Court
of
the
Kings
house
may
take
such
fées
in
open
Court
as
were
wont
to
be
taken
in
the
time
of
King
Edward
the
third
,
and
none
other
,
The
fées
of
the
Marshall
of
the
K.
house
and
may
thereby
omit
to
commit
Extortion
:
St.
2.
H.
4.
23.
by
a
Statute
made
Anno
2.
H.
4.
it
was
declared
,
That
the
said
Marshall
may
take
the
fees
héereafter
following
,
viz.
of
euery
person
which
commeth
by
Capias
to
the
said
Court
iiij
.
d
,
and
if
he
be
let
to
mainprise
vntill
his
day
ij
.
d
more
.
And
of
euery
person
being
defendant
which
is
impleaded
of
Trespas
,
and
findeth
two
Mampernors
to
keepe
his
day
vntill
the
end
of
the
plea
ij
.
d.
And
of
euery
person
committed
to
prison
by
iudgement
of
the
steward
,
in
whatsoeuer
maner
the
same
be
,
iiij
.
d
,
and
of
euery
ptrson
deliuered
of
felony
iiij
.
d
,
and
of
euery
felon
let
to
mainprise
by
the
Court
,
iiij
.
d.
But
if
the
Marshall
,
or
any
of
his
officers
vnder
him
,
doe
take
any
other
fées
,
than
are
before
declared
,
the
said
Marshall
and
euery
of
his
officers
,
shall
lose
their
offices
,
A
Seruitor
of
bills
in
the
Marshals
Court.
and
also
pay
to
the
partie
gréeued
treble
dammages
,
for
the
which
the
said
party
shall
haue
his
sute
before
the
Steward
of
the
said
Court
for
the
time
being
.
A
seruitor
of
bills
,
which
beareth
a
staffe
of
the
Court
,
shall
take
for
euery
mile
from
the
said
Court
vntil
the
same
place
,
where
he
shall
do
his
seruice
,
j.
d
,
and
for
xij
.
miles
xij
.
d
,
&
to
serue
a
Venire
facias
,
or
a
Distringas
out
of
the
same
court
the
double
.
And
if
any
Seruitor
of
Bills
do
the
contrary
,
he
shall
be
imprisoned
,
and
make
fine
to
the
K.
after
the
discretion
of
the
Steward
of
the
same
court
,
and
also
be
foreiudged
and
banished
the
same
court
.
All
which
articles
the
steward
at
his
comming
into
the
country
hath
authoritie
to
proclaime
,
and
put
in
execution
.
21
And
for
that
the
kings
of
this
realme
haue
from
time
to
time
bestowed
vpon
such
as
they
assigned
to
be
muster
masters
,
or
captains
in
times
of
wars
liberall
and
bountifull
stipends
,
and
allowances
,
the
rather
,
to
the
intent
they
should
not
exact
,
or
make
a
pray
,
of
such
as
should
be
,
or
then
were
souldiers
:
Therfore
to
preuent
such
like
exaction
,
by
a
statute
made
Ann
4.
&
5.
St.
4.
&
5.
P.
&
M.
3.
P.
&
M.
it
was
ordained
,
Muster
masters
exacting
mony
to
spare
souldiers
.
That
if
any
person
which
shall
be
commanded
by
the
Q.
her
heirs
or
successors
,
by
commission
,
leters
,
or
otherwise
authorized
,
to
leuy
muster
,
or
to
make
men
to
serue
in
her
warres
,
or
otherwise
for
the
defence
of
this
Realme
,
do
by
any
meane
exact
,
leuie
,
receiue
,
or
take
,
or
cause
to
be
taken
any
mony
,
or
other
reward
,
or
thing
whatsoeuer
,
of
any
person
for
seruice
in
wars
,
or
that
shal
be
appointed
,
named
,
or
mustred
to
serue
in
any
such
seruice
,
or
for
the
sparing
,
or
discharging
of
such
person
from
the
said
seruice
,
then
he
shall
forfeit
ten
times
so
much
,
as
he
shall
receiue
,
exact
,
or
take
,
to
the
Q.
&
I.
to
be
recouered
by
A.I.
&c.
wherein
no
W.E.P.
If
any
captaine
,
petit
captaine
,
or
other
hauing
charge
of
men
,
shall
for
any
aduantage
or
gaine
by
him
to
be
receiued
,
discharge
,
or
licence
any
of
the
men
,
or
souldiers
appointed
to
serue
in
the
warres
vnder
his
rule
,
or
order
,
to
depart
from
the
said
seruice
:
or
shal
not
pay
vnto
his
souldiers
,
Exacting
by
captaines
of
their
souldiers
&
to
euery
of
them
their
full
&
whole
wages
,
conduct
,
and
coat
mony
,
within
x.
daies
next
after
he
shal
haue
receiued
the
same
:
then
the
party
offending
in
giuing
such
licence
,
or
discharge
,
shall
forfeit
for
euery
such
offence
x.
times
the
value
of
the
thing
so
receiued
,
to
the
Q.
&
I.
to
be
recouered
by
A.
I.
wherin
no
W.E.P.
&c.
And
also
he
shal
pay
vnto
euery
such
souldier
from
whom
he
shall
with-hold
any
such
wages
,
conduct
,
or
coat
money
,
treble
the
summe
so
with-holden
.
Extortion
by
taking
of
scauage
of
merchants
.
22
Because
Scauage
,
otherwise
called
Shewage
was
many
times
wrongfully
,
and
extortiously
taken
by
Magistrates
of
cities
and
corporat
townes
,
of
merchants
that
transported
or
brought
their
marchandizes
thither
:
therefore
by
a
statute
made
Anno
19.
H.
7.
it
was
prouided
,
That
if
any
maior
,
shirife
,
St.
19.
H.
7.
8
bailife
,
or
other
officer
,
in
any
city
,
borough
,
or
towne
within
this
realme
,
doe
distraine
,
take
,
or
leuie
any
custome
called
Scauage
or
Shewage
of
any
merchant
denizen
,
or
of
any
other
the
K.
subiects
denizens
,
for
any
merchandize
to
the
K.
before
truly
customed
,
that
is
brought
by
land
or
water
to
be
vttered
in
any
citie
,
borough
,
or
towne
in
this
land
:
or
if
any
maior
,
shirife
,
bailife
,
or
other
officer
in
any
city
,
borough
,
or
towne
for
non
paiment
of
the
said
scauage
,
let
or
disturbe
any
merchants
,
or
any
other
persons
denizens
,
to
sel
and
vtter
their
merchandize
by
them
brought
into
any
city
,
borough
,
or
towne
;
then
he
which
offendeth
shal
forfet
for
euery
offence
xx
.
l.
to
the
K.
&
the
party
grieued
,
or
any
other
that
wil
first
sue
by
A.
of
debt
in
any
shire
,
wherein
no
W.E.P.
shal
be
allowed
.
But
the
maior
,
shirifes
,
&
communalty
of
London
and
euery
of
them
shall
haue
such
summes
of
mony
for
scauage
of
euery
person
denizen
,
as
of
right
they
ought
to
haue
.
23
Euery
of
the
chiefe
Iustices
of
the
Kings
Bench
and
Common
Pleas
,
and
the
maior
of
the
Staple
at
Westminster
,
and
the
Recorder
of
the
Citie
of
London
,
before
whom
any
obligation
being
of
the
nature
and
force
of
a
statute
Staple
shall
be
recognized
,
St.
23.
H.
8.
6
according
to
the
statute
of
Ann
23.
H.
8.
The
Iustices
&
Clarks
fee
vpon
euery
Recognisance
shal
take
for
euery
such
Recognisance
iij.
s
iiij
.
d
,
&
the
clarke
that
shall
write
,
make
and
inroll
the
same
iij.
s
iiij
.
d
,
and
for
the
certificat
of
euery
one
such
obligation
xx
.
d.
And
if
any
of
the
said
Iustices
,
Maior
,
Recorder
,
or
Clarke
take
of
any
of
the
K.
subiects
aboue
the
summe
or
summes
to
them
limited
by
this
statute
,
then
the
same
offendor
shal
forfeit
for
euery
time
so
offending
,
xl
.
l.
to
the
K.
and
I.
to
be
recouered
by
A.
I.
wherein
no
W.E.P.
&c.
And
by
the
Stat.
of
Ann
27.
St.
27.
Eli.
4.
Eli.
it
was
further
ordained
,
That
no
Clarke
of
the
same
Recognisances
shall
or
may
take
,
for
,
or
in
respect
of
any
search
to
be
made
for
,
or
concerning
any
statute
Merchant
,
or
of
the
Staple
,
The
Clarkes
fée
for
search
.
brought
vnto
him
to
be
entred
,
aboue
ij
.
d
for
one
yéers
search
,
&
so
after
the
rate
of
ij
.
d
for
euery
yéere
,
&
not
aboue
,
vpon
paine
to
forfeit
&
lose
to
the
partie
or
parties
grieued
twentie
times
as
much
as
he
shal
take
,
contrary
to
the
true
meaning
of
this
Act
:
to
be
recouered
in
any
of
the
K.
courts
of
Record
,
by
action
of
debt
B.
P.
I.
wherein
no
W.E.P.
24
Because
it
is
well
perceiued
,
that
learned
and
expert
Atturnies
be
necessarie
members
in
our
State
,
and
great
meanes
to
further
iustice
,
and
to
bring
sutes
to
their
expected
ends
,
and
that
they
must
therefore
disburse
money
for
learned
councell
,
for
processe
,
for
pleading
,
for
copies
,
and
many
other
things
,
and
after
receiue
the
same
againe
,
with
their
owne
fées
,
and
salarie
for
their
paines
of
their
Clients
:
Therefore
the
Law
(
as
a
prouident
mistris
)
taking
care
that
Atturnies
and
Sollicitors
,
shal
not
in
any
secret
maner
commit
extortion
,
by
charging
their
Clients
with
excessiue
fées
,
&
vnnecessary
demaunds
,
St.
3.
Iac.
7.
by
a
statute
made
Ann
3.
Iac.
procured
it
to
be
established
,
Meanes
for
Atturnies
to
auoide
the
suspition
of
extortion
.
That
no
Atturney
,
Sollicitor
,
or
seruant
to
any
,
shal
be
allowed
from
his
Client
,
or
master
,
of
,
or
for
any
fée
giuen
to
any
Serieant
,
or
Councellor
at
law
,
or
of
or
for
any
sum
or
sums
of
mony
,
giuen
for
copies
to
any
clarke
or
clarkes
,
or
officers
in
any
court
of
Record
at
Westm.
vnles
he
haue
a
ticket
subscribed
with
the
hand
&
name
of
the
same
Serieant
,
or
Councellor
,
clarke
,
clarks
,
or
officers
aforesaid
,
testifying
how
much
he
hath
receiued
for
his
fée
,
or
giuen
or
paid
for
copies
,
&
at
what
time
,
&
how
often
.
And
all
Atturnies
and
Sollicitors
shall
giue
a
true
Bill
vnto
their
masters
,
or
clients
,
or
their
assignées
,
of
all
other
charges
,
concerning
the
suits
which
they
haue
for
them
,
subscribed
with
his
owne
hand
,
&
name
,
before
such
time
,
as
they
or
any
of
them
shall
charge
their
clients
with
any
the
same
fées
or
charges
:
An
Atturney
delaying
of
a
suite
,
or
demanding
more
than
is
due
.
And
if
the
atturney
or
sollicitor
doe
or
shall
willingly
delay
his
clients
suits
,
to
worke
his
owne
gaine
,
or
demand
by
his
bil
any
other
sums
of
mony
,
or
allowance
vpon
his
accompt
of
any
mony
which
he
hath
not
laid
out
or
disbursed
:
then
in
euery
such
case
the
partie
grieued
shall
haue
his
action
against
such
atturney
,
or
sollicitor
,
and
recouer
therein
costs
and
treble
dammages
:
And
the
said
atturney
&
sollicitor
shall
be
discharged
from
thenceforth
from
being
an
atturney
or
sollicitor
any
more
.
25
For
that
the
Stewards
of
Léets
and
court
Barons
,
did
of
late
yeares
get
into
their
owne
hands
,
and
in
their
owne
names
,
or
into
the
hands
of
some
of
their
friends
to
their
vse
,
the
profits
and
perquisites
of
the
said
Léets
,
and
court
Barons
,
whereby
many
sutors
to
the
same
Courts
were
iniustly
vexed
,
and
by
grieuous
fines
and
amerciaments
,
vnduely
punished
,
and
much
extortion
was
done
vnto
the
Tenants
and
Inhabitants
where
such
stewards
were
,
to
make
and
obtaine
an
vndue
&
extraordinary
gaine
to
themselues
:
for
the
restraining
whereof
,
A
preuention
of
extortion
in
Stewards
of
Courts
.
by
a
statute
made
Anno
1.
St.
1.
Iac.
5.
Iac.
it
was
established
,
That
no
Steward
,
deputie
Steward
,
or
vnder
Steward
of
any
court
Léete
,
or
court
Baron
,
shall
directly
,
or
indirectly
in
his
owne
name
,
or
in
the
name
of
any
other
,
take
,
receiue
,
or
make
benefite
to
his
owne
vse
,
in
money
,
goods
,
or
any
other
thing
,
to
the
valew
of
twelue
pence
,
or
more
,
by
vertue
or
colour
of
any
demise
or
graunt
,
héereafter
to
be
made
,
of
any
of
the
profites
,
or
perquisites
,
or
amerciaments
of
any
such
Courts
,
whereof
they
are
Steward
,
which
rightfully
shall
belong
to
the
Lords
of
the
same
:
vpon
paine
that
euery
Steward
offending
contrary
to
the
Tenour
of
this
Act
,
shall
for
euery
such
offence
forfeit
tenne
pounds
,
and
to
be
disabled
euer
after
to
be
Steward
of
such
Court
,
or
of
any
other
:
The
one
moitie
of
which
forfeiture
shall
be
to
the
K.
&c.
and
the
other
to
any
party
that
will
sue
,
to
be
recouered
in
any
of
the
Kings
Courts
of
Record
,
by
A.
B.
P.
I.
&c.
wherein
no
E.
P.
or
other
dilatorie
plea
shall
be
allowed
.
26
To
the
intent
that
Gaugeors
,
and
Searchers
of
barrells
of
fish
should
know
what
was
due
vnto
them
for
their
paines
,
and
take
no
more
,
nor
commit
extortion
,
Extortion
in
Gaugeors
,
Searchers
,
and
Packers
of
fish
.
by
a
statute
made
Anno
11.
H.
7.
it
was
enacted
,
St.
11.
H.
7.
23.
That
euery
Gaugeor
,
Packer
,
and
Searcher
shall
take
no
more
for
gauging
of
a
barrell
of
salmon
,
herring
,
fish
,
éeles
,
halfe
barrell
,
and
firkin
,
than
for
euery
péece
a
farthing
,
and
for
his
labour
for
searching
and
packing
,
if
néede
be
,
of
a
barrell
of
salmon
from
head
to
head
a
peny
,
and
for
boning
,
naping
,
and
packing
of
a
barrel
of
fish
,
if
néed
be
,
a
peny
,
and
for
searching
and
for
packing
of
a
barrell
of
herring
,
if
néed
be
,
two
pence
:
and
for
searching
and
packing
of
euerie
barrell
of
éeles
ij
.
d
:
and
so
in
halfe
barrels
,
and
firkins
of
herrings
,
and
éeles
,
they
shal
take
according
to
the
former
rate
.
And
if
any
Gaugeor
,
Searcher
,
or
Packer
do
the
contrary
,
he
shall
loose
his
office
,
and
also
be
imprisoned
forty
dayes
.
But
the
said
Searcher
,
or
Packer
shall
receiue
nothing
of
the
said
fées
by
colour
of
their
office
,
but
onely
for
such
Buts
,
Barrels
,
halfe
Barrels
,
and
Firkins
,
as
by
them
shall
be
sufficiently
searched
and
packed
,
and
were
not
sufficiently
packed
before
.
27
In
the
raignes
of
K.
Edward
the
third
,
and
K.
Henry
the
fift
,
the
Commons
seuerall
times
complained
in
parliament
of
diuers
extortions
committed
by
Ordinaries
,
and
their
officers
,
in
probat
of
Testaments
,
making
of
Inuentories
,
and
giuing
of
Acquitances
,
as
it
doth
appeare
by
the
statute
of
Anno
31.
Ed.
3.
and
Anno
3.
H.
5.
St.
31.
Ed.
3.
4.
St.
3.
H.
5.
8.
But
because
the
former
of
those
statutes
inflicted
no
condigne
punishment
vpon
the
offendors
therein
,
and
the
later
is
expired
;
A
preuention
of
extortion
in
Ordinaries
and
their
officers
.
and
also
,
for
that
the
same
extortions
enormity
did
encrease
:
Therfore
for
the
redresse
of
the
same
,
by
a
Statute
made
Anno
21.
H.
8.
St.
21.
H.
8.
5
it
was
established
,
That
nothing
shall
be
demaunded
,
receiued
,
or
taken
by
any
Bishop
,
Ordinarie
,
Archdeacon
,
Chancellor
,
Commissarie
,
Officiall
,
nor
any
other
person
or
persons
whatsoeuer
,
hauing
authoritie
to
take
,
or
receiue
probation
,
insinuation
,
or
approbation
of
Testament
,
or
Testaments
,
by
him
,
or
themselues
,
nor
by
his
,
or
their
Registers
,
Scribes
,
Praisors
,
Summoners
,
Apparitors
,
or
by
any
other
of
their
Ministers
,
for
the
probation
of
any
Testament
,
The
Ordinaries
duty
for
probat
of
Testaments
.
The
goods
not
amounting
to
C.
s.
or
for
writing
,
sealing
,
praising
,
registring
,
fines
,
making
of
inuentories
,
giuing
of
Acquitances
,
of
for
any
cause
concerning
the
same
,
where
the
goods
of
the
Testator
of
the
said
Testament
,
or
person
so
dying
doe
not
amount
cléerly
ouer
&
aboue
the
value
of
C.
s.
sterling
:
except
only
to
the
scribe
to
haue
for
the
writing
of
the
probat
of
the
Testament
of
him
deceased
,
vj.
d.
And
for
the
commission
of
administration
of
the
goods
of
any
man
deceasing
intestate
,
not
being
aboue
the
like
valew
of
C.
s
cleere
vj.
d.
And
when
the
goods
of
the
Testator
do
amount
ouer
and
aboue
the
cléere
valew
of
C.
s
,
The
goods
not
amounting
to
xl
.
l.
and
do
not
excéed
the
summe
of
forty
pounds
sterling
;
Then
no
Bishop
,
Ordinarie
,
nor
other
person
or
persons
whatsoeuer
,
hauing
authoritie
to
take
probation
of
any
Testament
,
by
himselfe
,
or
any
of
his
ministers
,
for
the
probation
,
insinuation
,
and
approbation
of
any
testament
or
testaments
,
or
for
the
registring
,
sealing
,
writing
,
praising
,
making
of
Inuentories
,
giuing
of
acquitances
,
fines
,
or
any
other
things
concerning
the
same
,
shall
take
,
or
cause
to
be
taken
of
any
person
or
persons
,
onely
thrée
shillings
six
pence
,
and
not
aboue
,
whereof
to
the
Ordinarie
for
him
and
his
ministers
,
two
shillings
six
pence
,
and
to
the
scribe
the
xij
.
d
residue
,
for
registring
of
the
same
.
The
goods
exceeding
xl
.
l.
And
where
the
goods
of
the
Testator
doe
amount
aboue
the
cléere
valew
of
fortie
pounds
sterling
:
then
the
Ordinarie
by
himselfe
,
nor
any
of
his
Ministers
for
the
probation
of
any
testament
,
or
for
the
registring
,
sealing
,
&c.
or
for
any
thing
concerning
the
same
probat
,
shall
take
of
any
person
but
onely
fiue
shillings
,
and
not
aboue
,
whereof
to
be
to
the
saide
Ordinarie
for
him
and
his
ministers
,
two
shillings
six
pence
,
and
not
aboue
,
and
two
shillings
six
pence
residue
to
be
to
the
scribe
for
the
registring
of
the
same
:
Or
else
the
scribe
to
be
at
his
libertie
to
refuse
the
two
shillings
six
pence
,
and
to
haue
for
the
writing
of
euery
tenne
lines
of
the
said
testament
a
penny
(
whereof
euery
line
to
containe
in
length
tenne
inches
.
)
And
euery
such
Bishop
,
Ordinarie
,
or
other
person
,
hauing
authority
to
take
the
probation
of
any
testament
,
their
Registers
,
Scribes
,
and
Ministers
,
shall
approoue
,
insinuate
,
seale
,
and
register
the
said
Testaments
,
and
deliuer
the
same
sealed
with
the
seale
of
their
office
,
to
the
executor
or
executors
named
in
such
testaments
for
the
summes
abouesaid
,
and
in
manner
and
forme
aboue
rehearsed
with
conuenient
speede
,
without
any
frustratorie
delay
.
If
any
person
die
intestate
,
An
administration
granted
.
or
the
executors
named
in
any
such
testament
,
refuse
to
prooue
the
said
testament
:
Then
the
Ordinarie
,
or
other
person
or
persons
,
hauing
authoritie
to
take
probat
of
testaments
,
shall
graunt
the
administration
of
the
goods
of
the
testator
,
or
person
deceased
,
to
the
widdow
of
the
same
person
,
or
to
the
next
of
his
kinne
,
or
both
,
as
by
the
discretion
of
the
same
Ordinarie
shall
be
thought
good
,
taking
surety
for
the
true
administration
of
the
same
goods
,
&
taking
nothing
for
the
said
administration
granted
,
vnles
the
goods
of
the
person
so
deceased
amount
aboue
the
value
or
summe
of
C.
s.
And
in
case
the
goods
of
the
person
so
deceased
amount
aboue
the
value
of
C.
s
,
and
not
aboue
xl
.
l.
then
hée
&
his
officers
shall
take
only
ij
.
s
vj.
d
,
&
not
aboue
.
And
in
case
any
person
or
persons
at
any
time
require
a
copie
or
copies
of
a
testament
prooued
,
or
inuentorie
made
;
The
fées
for
copies
.
then
the
said
ordinarie
,
&c.
or
his
ministers
shal
from
time
to
time
with
conuenient
spéed
,
without
frustratory
delay
,
deliuer
,
or
cause
to
be
deliuered
,
a
true
copie
,
or
copies
of
the
same
vnto
the
said
person
or
persons
demanding
the
same
,
taking
for
the
search
,
&
for
the
making
of
the
copie
of
either
of
the
said
testament
or
inuentorie
,
but
only
such
fée
,
as
is
before
rehearsed
for
the
registring
of
the
said
testament
;
or
else
the
scribe
or
register
to
be
at
his
libertie
to
demand
,
haue
,
&
take
for
euery
x.
lines
thereof
,
being
of
the
proportion
before
rehersed
,
j.
d.
But
where
any
persons
hauing
authority
to
take
probat
of
testaments
haue
vsed
to
take
lesse
sums
of
mony
than
abouesaid
,
for
the
probat
of
testaments
,
or
commission
of
administ●atiōs
,
or
other
cause
concerning
the
same
,
they
shal
take
such
sums
for
the
same
,
as
they
before
the
making
of
this
act
vsed
to
take
,
&
not
aboue
.
Euery
Bish.
ordinary
,
archdeacon
,
chancelor
,
commissary
,
official
,
&
other
person
&
persons
,
hauing
authoritie
to
take
probat
of
Testaments
,
their
Registers
,
Scribes
,
Praisors
,
Summoners
,
Apparitors
,
and
all
other
their
Ministers
whatsoeuer
they
be
,
The
forfeture
of
the
offendor
that
shall
doe
,
or
attempt
,
or
cause
to
be
done
,
or
attempted
against
this
Act
,
in
any
thing
,
shall
forfeit
for
euery
time
so
offending
,
to
the
partie
grieued
in
that
behalfe
,
so
much
money
as
he
shall
take
contrary
to
this
Act
,
and
ouer
that
shall
forfeit
to
the
King
and
the
party
grieued
ten
pounds
to
be
recouered
by
A.
I.
B.
&c.
wherein
no
W.E.P.
And
euery
of
the
same
Bishops
,
and
other
persons
,
which
shall
incurre
the
danger
of
such
penalty
,
shall
be
charged
onely
for
himselfe
,
and
none
of
them
shal
be
chargeable
to
the
penalty
for
others
offences
.
Extortion
is
an
Ordinary
for
the
Seale
of
a
Citation
.
28
Shortly
after
the
making
of
the
foresaide
Statute
of
Anno
21.
H.
8.
the
graund
Councell
of
the
Realme
being
as
carefull
that
Ordinaries
,
or
their
Officers
,
should
no
more
commit
extortion
in
sealing
of
Citations
,
than
they
might
in
proouing
of
Willes
,
granting
of
Administrations
,
or
such
like
,
did
therefore
by
a
statute
made
Anno
23.
H.
8.
ordaine
,
St.
23.
H.
8.
9
That
if
any
Archbishop
,
Bishop
,
Ordinarie
,
Officiall
,
Commissarie
,
or
other
person
hauing
spirituall
iurisdiction
,
or
any
substitute
,
or
minister
of
his
,
doe
aske
,
demand
,
take
,
or
receiue
,
more
than
three
pence
for
the
seale
of
a
Citation
,
hée
shall
pay
to
the
partie
,
of
whom
he
doth
demand
,
take
,
or
receiue
the
same
,
double
dammages
,
and
costs
,
and
shal
forfeit
for
euery
offence
tenne
pounds
to
the
king
,
and
I.
to
be
recouered
by
A.I.
wherein
no
W.E.P.
&c.
Mortuaries
.
29
Because
in
former
times
it
was
vncertaine
,
and
by
this
meanes
,
oft
times
great
question
did
grow
,
what
,
and
how
much
Parsons
,
Vicars
,
or
other
spirituall
men
,
or
their
farmors
ought
to
take
for
Mortuaries
,
or
Corse
Presents
,
after
the
death
of
their
Parishioners
:
Therefore
,
to
the
intent
that
the
same
should
be
limited
in
certaintie
,
and
not
be
excessiue
,
nor
any
Extortion
,
Exaction
,
or
other
wrong
committed
in
the
taking
,
St.
21.
H.
8.
6
or
receiuing
of
them
,
by
a
Statute
made
Anno
21.
H.
8.
it
was
established
,
That
no
Parson
,
Vicar
,
Curate
,
or
parish
Priest
,
nor
any
other
spirituall
person
,
nor
their
farmers
,
Baylifes
,
or
Lessées
,
shall
haue
,
take
,
receiue
,
or
demaund
of
any
person
or
persons
within
this
Realme
,
for
any
person
or
persons
dying
within
the
same
,
any
maner
of
Mortuarie
or
Corse
present
,
nor
any
money
,
or
other
thing
for
the
same
,
more
than
is
héereafter
expressed
:
Nor
shall
conuent
,
or
call
any
person
before
any
Iudge
spirituall
,
for
the
recouerie
of
any
such
Mortuaries
,
The
penaltie
for
extorting
for
a
Mortuarie
.
or
any
other
thing
for
the
same
,
more
than
is
héereafter
expressed
:
vpon
paine
to
forfeit
for
euerie
time
so
demaunding
,
receiuing
,
taking
,
conuenting
,
or
calling
any
such
person
or
persons
before
any
spirituall
Iudge
,
so
much
in
valew
,
as
they
shall
take
aboue
the
summe
limited
by
this
Act
,
and
ouer
that
,
fortie
shillings
to
the
partie
grieued
,
contrary
to
this
Act
:
for
the
which
the
partie
grieued
shal
haue
an
action
of
debt
by
W.
B.
P.
or
I.
in
any
of
the
K.
Courts
,
A
Legacie
giuen
to
a
spirituall
person
.
wherein
no
W.E.P.
&c.
But
it
is
lawfull
for
any
spiritual
person
to
take
any
summe
of
mony
,
or
other
thing
,
which
by
any
person
dying
shal
be
giuen
&
bequeathed
to
him
,
or
to
the
high
altar
of
the
Church
.
No
Mortuary
or
Corse
present
shall
be
giuen
or
demaunded
of
any
person
,
St.
21.
H.
8.
6
but
in
such
place
onely
where
Mortuaries
haue
béene
vsed
to
be
paied
and
giuen
:
Nor
any
person
shall
paie
Mortuaries
in
more
places
than
one
,
that
is
to
say
,
But
one
Mortuarie
for
any
person
.
in
the
place
of
his
most
dwelling
and
habitation
,
and
there
but
one
Mortuarie
.
St.
21.
H.
8.
6
No
Mortuarie
shal
be
taken
,
or
demaunded
of
any
person
whatsoeuer
he
be
,
which
at
the
time
of
his
death
hath
in
moueable
goods
vnder
the
value
of
ten
markes
.
No
parson
,
curat
,
or
other
spirituall
person
,
nor
any
of
their
farmors
,
The
parsons
dutie
for
all
Mortuaries
.
bailifes
or
lessées
,
shall
for
any
person
dying
,
or
dead
,
and
being
at
the
time
of
his
death
of
the
value
in
moueable
goods
of
ten
markes
or
more
,
aboue
his
debts
paied
,
and
vnder
the
summe
of
thirtie
pounds
,
take
for
a
mortuarie
aboue
thrée
shillings
foure
pence
in
the
whole
:
And
for
a
person
being
at
the
time
of
his
death
of
the
value
of
thirtie
pounds
aboue
his
debts
paied
in
moueable
goods
and
vnder
the
value
of
fortie
pounds
,
there
shall
no
more
be
taken
for
a
mortuarie
then
sixe
shillings
eight
pence
:
And
for
a
person
hauing
at
the
time
of
his
death
of
the
value
in
moueable
goods
of
fortie
pounds
or
aboue
,
to
any
summe
,
there
shall
no
more
be
taken
,
paied
,
or
demaunded
for
a
Mortuarie
,
then
ten
shillings
in
the
whole
.
St.
21.
H.
8.
6
No
Parson
,
Vicar
,
Curat
&c.
or
other
,
shall
take
,
demaund
,
or
aske
any
Mortuarie
,
or
other
thing
by
way
of
mortuarie
,
Who
shall
pay
no
Mortuaries
.
for
any
woman
being
couert
baron
,
nor
for
any
childe
,
nor
for
any
person
not
keeping
house
,
nor
for
any
waifaring
man
,
or
other
that
maketh
not
residence
in
the
place
where
they
shall
happen
to
die
:
But
the
mortuaries
of
such
wayfaring
persons
shal
be
answerable
(
in
places
where
mortuaries
haue
béene
accustomed
to
be
paied
,
and
in
maner
,
forme
,
and
rate
aboue
mentioned
and
none
otherwise
)
in
the
places
where
such
wayfaring
persons
,
at
the
time
of
their
death
had
their
most
habitation
,
house
,
and
dwelling
place
,
and
no
where
else
.
St.
21.
H.
8.
6
No
mortuaries
,
or
Corse
presents
,
nor
any
summe
of
money
for
them
,
shal
be
demaunded
,
or
had
in
the
parts
of
Wales
,
Mortuaries
in
Wales
,
Barwicke
,
and
the
Marches
.
nor
in
the
Marches
of
the
same
,
nor
in
the
towne
of
Barwicke
,
or
the
Marches
of
the
same
,
but
onely
in
such
places
where
Mortuaries
haue
béene
accustomed
to
be
paid
:
Neither
shal
any
Mort●aries
,
nor
Corse
presents
,
nor
any
thing
for
them
be
demaunded
,
or
had
in
those
places
,
but
only
after
the
order
,
and
manner
aboue
specified
,
and
none
otherwise
,
nor
for
any
other
person
then
is
aboue
limitted
.
But
it
is
lawfull
to
the
Bishop
of
Bangor
,
Landaffe
,
S.
Dauid
,
and
S.
Asse
,
and
likewise
to
the
Archdeacon
of
Chester
,
to
take
such
mortuaries
of
the
priests
within
their
Diocesses
,
&
iurisdictions
,
as
heretofore
haue
béene
accustomed
.
St.
21.
H.
8.
6
No
person
shal
be
compelled
in
such
places
(
where
mortuaries
haue
beene
accustomed
to
be
taken
of
lesse
value
then
is
aforesaid
)
to
pay
any
other
mortuaries
,
or
more
for
any
mortuarie
,
then
hath
béene
accustomed
:
Mortuaries
of
lesse
value
by
custome
.
Nor
any
mortuarie
shal
be
demaunded
taken
or
had
in
such
place
,
of
any
person
or
persons
exempt
by
this
Act
,
nor
contrarie
to
this
Act.
30
There
be
certaine
other
extortions
,
or
exactions
in
spirituall
,
Ecclesiasticall
,
or
Scholasticall
causes
,
which
antiquitie
did
not
know
,
or
dreame
of
,
and
therefore
neither
made
Statutes
,
or
ordained
any
temporall
lawes
against
them
;
but
the
same
,
hauing
great
societie
and
intermixture
with
Simonie
,
and
being
sprung
out
of
a
spurre
of
the
roote
of
Auarice
,
are
so
secretly
put
in
practise
,
that
humane
policie
only
,
will
be
hardly
able
to
know
them
,
and
lesse
to
represse
them
;
for
in
most
cases
the
offendors
therein
do
wittingly
enter
into
corrupt
,
and
wilfull
periurie
,
and
vpon
premeditate
consideration
doe
violate
their
oathes
solemnly
and
aduisedly
taken
,
when
they
doe
first
enter
into
their
owne
vocations
and
degrees
.
It
is
a
soule
and
odious
fact
,
and
hatefull
in
the
eies
,
eares
,
and
hearts
of
all
good
persons
,
that
a
man
to
whom
the
law
hath
giuen
no
profit
,
interest
,
or
right
,
in
the
tythes
,
glebe
,
or
other
fruits
of
a
Benefice
,
but
onely
a
bare
and
naked
authoritie
to
present
,
collate
,
or
admit
a
worthy
,
meet
,
and
fit
man
to
the
same
,
should
for
a
lease
,
annuitie
,
money
,
or
other
reward
,
present
,
collate
,
or
admit
a
man
,
be
he
worthy
or
vnworthy
,
to
the
same
:
Or
that
a
man
who
doth
:
or
ought
to
come
to
a
benefice
with
cure
of
soules
fréely
,
should
for
any
money
,
pension
,
or
other
consideration
,
corruptly
resigne
or
exchange
the
same
:
Or
that
a
man
in
whom
the
law
hath
reposed
a
speciall
trust
,
to
make
choice
of
ministers
,
and
preachers
,
according
to
their
vertue
,
learning
,
and
worth
,
should
admit
them
for
money
,
or
other
reward
:
Or
that
they
who
haue
but
onely
the
nomination
,
or
presentation
,
of
a
fellow
,
scholler
,
or
other
person
,
to
any
place
in
a
colledge
,
schoole
,
or
other
societie
,
should
take
money
or
other
reward
for
their
voices
or
assents
in
such
election
:
Or
that
he
who
hath
place
in
such
a
societie
should
take
reward
for
the
resigning
,
or
leauing
of
it
,
as
if
the
same
places
and
liuings
were
their
owne
lawfull
freehold
,
and
they
authorised
to
make
sale
thereof
:
The
which
grieuous
and
irreligious
enormities
,
the
high
court
of
Parliament
assembled
Anno
31.
St.
31.
El.
6.
El.
did
there
indeauour
and
shew
their
good
meaning
to
reforme
,
by
an
Act
wherein
it
was
agréed
,
That
if
any
person
or
persons
,
bodies
politique
or
corporat
,
shall
,
or
doe
,
for
any
summe
of
money
,
reward
,
Exaction
for
presenting
or
collating
to
a
Benefice
.
gift
,
or
profit
directly
,
or
indirectly
,
or
for
or
by
reason
of
any
promise
,
agréement
,
graunt
,
bond
,
couenant
,
or
other
assurance
,
directly
or
indirectly
,
present
,
or
collate
any
person
to
any
Benefice
with
cure
of
Soules
,
dignitie
,
prebend
,
or
liuing
Ecclesiasticall
:
Or
giue
or
bestowe
the
same
,
for
,
or
in
respect
of
any
such
corrupt
cause
or
consideration
:
Then
euery
such
presentation
,
collation
,
gift
,
and
bestowing
,
and
euery
admission
,
institution
,
inuesture
,
and
induction
thereupon
shall
be
vtterly
void
,
and
of
none
effect
in
law
.
And
it
shall
and
may
be
lawfull
,
to
,
and
for
the
Quéene
,
her
heires
and
successors
,
to
present
,
collate
vnto
,
or
giue
,
or
bestowe
euery
such
Benefice
,
dignitie
,
prebend
,
and
liuing
Ecclesiasticall
,
for
that
one
time
,
or
turne
onely
.
And
all
and
euery
person
or
persons
,
bodies
politique
and
corporat
,
that
from
henceforth
shall
giue
or
take
,
any
such
summe
of
money
,
reward
,
gift
,
or
benefit
,
directly
or
indirectly
:
Or
that
shall
take
or
make
any
such
promise
,
graunt
,
bond
,
couenant
,
or
other
assurance
,
shall
forfeit
the
double
value
of
one
yeares
profit
of
euery
such
benefice
,
dignitie
,
&c.
to
the
Queene
and
I.
to
be
recouered
by
A.
B.
I.
wherein
no
W.
E.
P.
And
the
person
so
corruptly
taking
,
The
penaltie
of
the
corrupt
taker
of
a
Benefice
.
procuring
,
seeking
,
or
accepting
any
such
Benefice
,
dignitie
,
prebend
,
or
liuing
,
shall
thereupon
,
and
from
thenceforth
bée
adiudged
a
disabled
person
in
law
,
to
haue
or
enioy
the
same
Benefice
,
&c.
Exaction
for
admiting
to
a
Benefice
.
31
And
by
the
same
Stat.
of
ann
31.
El.
it
was
further
established
,
Stat.
31.
El.
6
That
if
any
person
shall
for
any
summe
of
money
,
reward
,
gift
,
or
profit
whatsoeuer
,
directly
,
or
indirectly
,
(
other
then
for
vsuall
and
lawfull
fées
)
or
for
,
or
by
reason
of
any
promise
,
agréement
,
grant
,
couenant
,
bond
,
or
other
assurance
,
of
,
or
for
any
summe
of
money
,
reward
,
gift
,
or
profit
whatsoeuer
,
directly
or
indirectly
admit
,
institute
,
install
,
induct
,
inuest
,
or
place
any
person
,
in
,
or
to
any
benefice
with
cure
of
soules
,
dignitie
,
prebend
,
or
other
liuing
Ecclesiasticall
:
then
euery
such
person
so
offending
shall
forfeit
the
double
value
of
one
yeares
profit
of
euery
such
Benefice
&c.
to
the
Q.
and
I.
to
be
recouered
by
A.
B.
I.
wherein
no
W.
E.
P.
And
thereupon
immediately
from
and
after
the
inuesting
,
installation
,
or
Induction
thereof
had
,
the
same
Benefice
,
dignitie
&c.
shal
be
eftsoons
méerely
void
.
And
the
patron
,
or
person
to
whom
the
Aduowson
,
gift
,
presentation
,
or
collation
shall
by
law
appertaine
,
shall
and
may
by
vertue
of
this
Act
,
present
,
or
collate
vnto
,
giue
,
and
dispose
of
the
same
Benefice
,
dignitie
,
&c.
in
such
sort
to
all
intents
,
as
if
the
partie
so
admitted
,
installed
,
inuested
,
inducted
,
or
placed
,
had
béene
,
or
were
naturally
dead
.
But
no
title
to
conferre
,
or
present
by
lapse
,
shall
accrue
vpon
any
voydance
mentioned
in
this
act
,
Notice
of
Lapse
.
but
after
sixe
moneths
next
after
notice
giuen
of
such
voydance
by
the
Ordinarie
to
the
Patron
.
St.
31.
El.
6.
32
By
the
Statute
of
Ann̄
31.
El.
it
was
moreouer
ordained
,
Exaction
for
resigning
or
exchanging
of
a
Benefice
.
That
if
an
Incumbent
of
any
Benefice
with
cure
of
soules
doe
,
or
shall
corruptly
resigne
or
exchange
the
same
:
Or
corruptly
take
,
for
,
or
in
respect
of
the
resigning
,
or
exchanging
of
the
same
,
directly
or
indirectly
,
any
pension
,
summe
of
money
,
or
benefit
whatsoeuer
;
Then
aswell
the
giuer
,
as
the
taker
,
of
any
such
pension
,
summe
of
money
,
or
other
benefit
corruptly
,
shall
loose
double
the
value
of
the
summe
so
giuen
,
taken
,
or
had
,
to
the
Q.
and
I.
to
bee
recouered
by
A.
P.
I.
wherein
no
W.E.P.
But
this
Act
shall
not
take
away
,
Penalties
by
the
Ecclesiasticall
law
.
or
restraine
any
penaltie
prescribed
by
the
Ecclesiasticall
law
,
for
any
offence
in
this
Act
mentioned
,
but
the
same
shall
remaine
in
force
,
and
be
put
in
execution
,
as
before
&c.
Stat.
31.
El.
6
33
By
the
foresaid
Statute
of
Anno
31.
El.
it
was
also
enacted
,
Exaction
for
making
of
ministers
,
or
giuing
licence
to
preach
.
That
if
any
person
or
persons
whatsoeuer
,
shall
,
or
doe
receiue
or
take
any
money
,
fée
,
reward
,
or
other
profit
directly
,
or
indirectly
:
Or
shall
take
any
promise
,
couenant
,
bond
,
agréement
,
or
other
assurance
,
to
receiue
,
or
haue
any
money
,
fée
,
reward
,
or
any
other
profit
directly
,
or
indirectly
,
either
to
him
,
or
themselues
,
or
to
any
other
of
their
or
any
of
their
friends
(
all
ordinarie
and
lawful
fées
only
except
)
for
,
or
to
procure
the
ordaining
,
or
making
of
any
minister
,
or
giuing
any
Orders
,
or
licence
,
or
licences
to
preach
:
Then
euery
person
and
persons
so
offending
,
shall
for
euery
such
offence
forfeit
x.
l
,
&
the
partie
so
corruptly
made
minister
,
or
taking
Orders
x.
l
to
the
Q.
&
I.
to
be
recouered
by
A.
P.
I.
wherin
no
W.E.P.
And
if
at
any
time
within
vij
.
yeares
next
after
such
corrupt
entring
into
the
ministerie
,
or
receiuing
of
Orders
,
he
shall
accept
,
or
take
any
Benefice
,
liuing
,
or
promotion
Ecclesiasticall
,
then
immediately
from
,
and
after
the
induction
,
inuesting
,
or
installation
thereof
,
or
thereinto
had
,
the
same
Benefice
,
liuing
,
&c.
shal
be
eftsoones
méerely
void
.
And
the
patron
,
or
person
,
to
whom
the
aduowson
,
gift
,
presentation
,
or
collation
,
shall
by
law
appertaine
,
shall
,
and
may
(
by
vertue
of
this
Act
)
present
,
or
collate
vnto
,
giue
,
and
dispose
of
the
same
benefice
,
liuing
,
&c.
in
such
sort
to
all
intents
,
as
if
the
partie
so
inducted
,
inuested
,
or
installed
,
had
béene
,
or
were
naturally
dead
:
Any
law
,
ordinance
,
qualification
,
and
dispensation
to
the
contrary
notwithstanding
.
Stat.
31.
El.
6
34
By
the
same
sttatute
of
ann
31.
El.
for
the
causes
before
rehearsed
,
it
was
also
prouided
,
That
if
any
person
or
persons
,
bodies
politique
,
or
corporat
,
which
haue
election
,
presentation
,
or
nomination
of
any
fellow
,
scholler
,
or
any
other
person
,
Exaction
for
a
voice
in
electing
of
a
fellow
or
scholler
to
haue
roome
or
place
in
any
Churches
collegiat
,
Colledges
,
Schooles
,
Hospitals
,
Halles
,
or
Societies
,
shall
haue
,
receiue
,
or
take
,
any
money
,
fée
,
reward
,
or
any
other
profit
,
directly
or
indirectly
,
either
to
him
,
or
themselues
,
or
to
any
other
of
their
,
or
either
of
their
friends
,
for
his
or
their
voice
,
or
voices
,
assent
or
assents
,
or
consent
in
electing
,
choosing
,
presenting
,
or
nominating
of
any
officer
,
fellow
,
scholler
,
or
other
person
to
haue
any
roome
or
place
in
any
of
the
said
Churches
,
Colledges
,
Halles
,
Schooles
,
Hospitals
,
or
Societies
:
then
and
from
thenceforth
,
the
place
,
roome
,
or
office
,
which
such
person
so
offending
shal
then
haue
in
the
said
churches
,
colledges
,
&c.
shal
be
void
.
And
then
as
well
the
Quéene
,
her
heires
,
and
successors
,
&
euery
other
person
&
persons
,
or
their
heires
,
or
successors
,
to
whom
the
presentation
,
gift
,
donation
,
election
,
or
disposition
shall
of
right
belong
,
of
any
such
of
the
said
roomes
or
places
of
the
said
person
offending
,
as
is
aforesaid
,
shal
or
may
at
their
pleasure
,
elect
,
present
,
nominate
,
place
,
or
appoint
any
other
person
or
persons
,
in
the
roome
,
office
,
or
place
of
such
person
or
persons
so
offending
,
as
if
the
said
person
or
persons
were
naturally
dead
.
Exaction
by
taking
money
to
resigne
a
place
.
35
For
some
reason
before
alleadged
,
it
was
lastly
ordained
by
the
said
stat.
of
ann
31.
El.
That
if
any
fellow
,
officer
,
or
scholler
of
any
of
the
said
churches
,
St.
31.
El.
6.
colledges
,
schooles
,
halls
,
hospitals
,
or
societies
,
or
other
persons
hauing
roome
or
place
in
any
of
the
same
,
shal
at
any
time
hereafter
directly
or
indirely
take
,
or
receiue
,
or
by
any
way
,
deuise
,
or
means
,
contract
,
or
agrée
to
haue
,
or
receiue
any
money
,
reward
,
or
profit
whatsoeuer
,
for
the
leauing
or
resigning
vp
of
the
same
his
roome
,
or
place
,
for
any
other
to
be
placed
in
the
same
:
then
euery
person
so
taking
,
or
contracting
,
or
agréeing
to
take
,
or
haue
any
thing
for
the
same
,
shall
forfeit
double
the
summe
of
money
,
or
value
of
the
thing
so
receiued
and
taken
,
or
agréed
to
be
receiued
or
taken
.
And
euery
person
,
by
whom
,
or
for
whom
,
any
money
,
gift
,
or
reward
as
aforesaid
shal
be
giuen
,
or
agréed
to
be
paid
,
shal
be
vncapable
of
that
place
,
or
roome
,
for
that
time
,
or
turne
,
&
shall
not
be
,
nor
had
,
nor
taken
to
be
a
lawfull
fellow
,
scholler
,
or
officer
,
of
any
the
churches
,
colledges
,
halls
,
hospitals
,
schooles
,
or
societies
,
or
to
haue
such
room
〈◊〉
place
there
:
But
they
to
whom
it
shall
appertaine
at
any
time
thereafter
,
〈◊〉
and
may
elect
,
choose
,
present
,
and
nominate
any
other
person
fit
to
be
elected
,
presented
,
or
nominated
into
the
said
roome
,
or
fellowship
,
as
if
the
said
person
,
by
,
or
for
whom
any
such
money
,
gift
,
or
reward
shall
be
giuen
,
or
agréed
to
bée
paid
,
were
dead
,
or
had
resigned
,
and
left
the
same
.
And
to
the
intent
that
euery
person
that
is
or
may
be
subiect
to
the
said
penalties
,
may
take
notice
thereof
,
This
Stat.
shall
be
read
at
euery
election
.
by
the
said
statute
it
was
also
ordained
,
That
at
euery
election
of
fellowes
,
schollers
,
and
officers
,
this
Act
,
and
the
Statutes
of
the
same
places
,
concerning
such
election
,
shal
be
publikely
read
:
vpon
paine
that
euery
person
in
whom
the
default
shal
be
,
shal
forfeit
xl
.
l
to
him
that
will
sue
,
and
to
the
same
colledge
,
societie
,
&c.
Extortion
by
gathering
others
money
.
36
If
any
person
doe
leuie
and
receiue
money
of
certaine
other
persons
,
27.
Ass.
p.
15
which
they
ought
to
pay
in
discharge
of
a
fiftéene
,
due
by
a
towne
to
the
king
,
and
he
doth
not
pay
the
same
money
to
the
king
,
he
may
be
indited
of
extortion
,
and
the
matter
beeing
found
accordingly
,
the
offendor
shall
be
distrained
to
pay
the
same
money
to
the
people
of
the
said
towne
,
toward
their
discharge
of
the
said
fiftéene
.
48.
Ed.
3.
8.
37
If
a
man
be
amerced
in
a
Court
Baron
for
a
trespasse
done
to
the
Lord
of
the
Manor
,
and
the
amerciament
is
aff●ired
in
the
Lords
court
,
Extortion
for
amerciament
in
a
court
baron
.
this
is
extortion
in
the
Lord
:
But
if
the
Lord
doe
accept
the
amerciament
,
that
is
a
sufficient
satisfaction
for
the
trespasse
,
and
a
good
barre
in
an
action
of
trespasse
brought
by
the
Lord
against
the
offendor
.
38
But
though
extortion
and
exaction
be
prohibited
by
the
lawes
&
Stat.
before
specified
,
as
things
offensiue
to
the
lawes
and
iustice
of
the
Realm
;
No
extortion
to
take
lawful
fees
.
yet
the
same
law
doth
allow
to
each
officer
and
other
person
,
to
haue
a
reasonable
consideration
and
satisfaction
for
his
paines
,
according
to
his
countenance
,
degrée
,
and
calling
,
and
the
paines
and
seruice
which
he
shall
doe
and
imploy
in
the
furtherance
or
execution
of
iustice
:
34.
H.
6.
38.
8.
Ed.
4.
18.
as
the
L.
Chancellor
,
and
they
which
write
to
the
great
seale
are
not
to
make
writs
without
their
fées
:
and
if
a
prisoner
be
discharged
of
his
imprisomnent
by
the
court
,
paying
his
fées
,
the
Marshall
of
the
Kings
Bench
,
the
Sherife
of
the
countie
,
nor
any
Gaoler
or
keeper
of
prison
,
ought
to
detaine
him
in
prison
,
for
meat
,
drinke
,
or
other
thing
which
he
hath
bought
,
but
for
his
fées
onely
.
But
if
a
man
be
committed
to
prison
for
suspition
of
felonie
,
11.
H.
7.
16.
and
after
he
is
acquitted
thereof
,
and
discharged
by
the
court
paying
his
fées
;
the
Sherife
or
Gaoler
may
take
of
him
barre-fées
,
and
this
is
no
extortion
,
but
iustifiable
:
for
this
money
is
not
taken
contrarie
to
the
foresaid
stat.
of
ann
23.
H.
6.
which
prohibiteth
the
sherife
to
take
money
for
shewing
ease
or
fauour
to
any
person
arrested
.
Taking
of
barre-fees
no
extortion
.
For
this
barre-fée
is
money
which
the
court
from
one
age
to
another
,
hath
in
discretion
assigned
the
prisoner
so
discharged
to
pay
to
the
Sherife
,
or
Gaoler
for
his
great
paines
and
charge
,
for
the
safe
keeping
of
the
prisoners
,
for
attending
vpon
them
,
and
for
conueying
of
them
safely
to
the
barre
,
and
from
it
,
to
the
prison
.
If
a
man
bee
committed
to
prison
for
two
seuerall
felonies
,
26.
Ass.
p.
47.
and
after
he
is
discharged
by
the
court
paying
his
fées
,
he
shal
pay
but
one
fée
,
for
the
Gaolers
attendance
was
but
vpon
one
person
.
And
if
the
Sherife
or
Gaoler
take
from
a
prisoner
in
his
custodie
,
the
money
in
his
purse
,
or
any
garment
that
he
hath
,
this
is
no
extortion
,
but
a
trespasse
,
for
the
recouerie
whereof
the
prisoner
may
haue
an
Action
of
trespasse
against
the
same
Sherife
or
Gaoler
,
and
recouer
the
value
thereof
in
dammages
.
No
extortion
for
gloues
giuen
vpon
the
allowance
of
pardon
.
And
if
a
man
indited
and
arraigned
of
felonie
,
4.
Ed.
4.
10.
doth
plead
and
shew
forth
the
Kings
pardon
of
the
same
felonie
,
which
is
allowed
by
the
court
,
whereupon
hee
doth
pay
and
giue
his
fées
of
gloues
to
the
Iustices
,
and
other
officers
of
the
court
,
this
is
no
extortion
,
34.
H.
6.
38.
but
an
auncient
fée
,
and
lawfully
due
vnto
them
.
If
the
Iustices
in
an
especiall
Assise
doe
take
their
lawfull
fées
,
this
is
no
extortion
:
for
they
are
not
bound
to
sit
vnlesse
they
haue
them
.
34.
H.
6.
42.
39
If
a
man
that
is
attainted
of
trespasse
,
doe
come
into
the
court
,
Extortion
in
taking
fees
of
him
that
doth
appeare
gratis
where
he
was
attainted
,
and
prayeth
to
make
his
fine
to
the
King
,
and
offereth
pledges
for
his
fine
,
if
the
Warden
of
the
Fléet
,
or
other
Kéeper
of
a
prison
do
take
any
fées
of
him
,
it
is
extortion
,
seeing
hee
came
in
gratis
,
and
out
of
ward
,
and
yéelded
himselfe
to
the
court
.
But
if
there
be
proces
awarded
against
him
for
his
said
fine
,
and
he
be
taken
thereby
,
then
he
shall
pay
his
fées
to
the
warden
or
Kéeper
&c.
and
it
is
no
extortion
to
take
them
,
for
that
he
came
in
by
compulsion
,
and
not
willingly
.
St.
27.
H.
8.
26.
40
After
that
by
the
Stat.
of
ann
27.
H.
8.
it
was
enacted
,
That
the
Kings
countrie
or
dominion
of
Wales
,
should
be
incorporatd
;
vnited
,
and
annexed
to
and
with
the
Realme
of
England
,
and
that
all
persons
borne
and
to
be
borne
in
the
said
Principalitie
and
dominion
of
Wales
should
haue
,
enioy
,
and
inherit
all
and
singular
fréedomes
,
liberties
,
rights
,
priuiledges
,
and
laws
within
this
Realme
,
and
al
other
the
kings
dominions
,
as
other
the
Kings
subiects
borne
within
the
same
,
haue
,
enioy
,
and
inherit
.
And
that
the
lawes
,
ordinances
and
statutes
of
this
Realme
of
England
for
euer
,
and
none
other
,
shall
bée
vsed
and
executed
in
the
said
dominion
of
Wales
,
and
euery
part
thereof
,
in
like
manner
,
forme
,
and
order
,
as
they
be
in
this
Realme
.
And
that
the
said
dominion
of
Wales
was
by
the
said
Statute
of
27.
H.
8.
and
by
the
statute
of
ann
34.
H.
8.
diuided
into
xij
.
shires
,
and
a
President
and
Councel
established
there
and
in
the
Marches
of
the
same
,
with
all
officers
,
clerkes
,
and
incidents
to
the
same
.
And
that
there
should
be
Iustices
of
Assise
and
Gaole
deliuerie
there
,
which
should
kéepe
Sessions
in
euery
of
the
said
shires
twice
in
the
yeare
,
and
a
Marshall
,
and
a
Crier
in
euery
circuit
.
And
that
there
should
be
original
and
iudiciall
seales
,
for
the
sealing
of
Writs
and
Proces
in
the
said
shires
:
And
that
there
should
bee
foure
Prenotaries
in
Wales
,
and
also
certaine
Iustices
of
Peace
and
Quorum
,
and
a
Custos
Rotulorum
,
Bailifs
of
Hundreds
,
Sherifs
,
Escheators
,
Coronors
,
&
Constables
of
Hundreds
in
euery
of
the
said
xij
.
shires
.
Then
to
preuent
and
auoyd
extortion
of
the
foresaid
Officers
in
Wales
,
and
to
the
intent
that
the
said
Officers
might
know
what
money
to
demand
,
and
euery
sutor
what
to
paie
for
all
Proces
originall
and
iudiciall
,
declarations
,
pleadings
,
&c.
by
the
said
Stat.
of
ann
34.
H.
8.
it
was
particularly
expressed
how
much
should
bee
paied
for
the
writing
and
sealing
of
originall
and
iudiciall
Writs
and
proces
,
The
fées
expressed
to
preuent
extortion
in
Wales
.
and
what
Prenotaries
shal
take
for
their
fées
,
what
euery
Marshall
and
Crier
of
the
Iustices
shall
haue
,
and
what
fées
the
said
Sherifes
and
Coroners
shall
take
,
in
many
,
diuers
,
and
seuerall
cases
.
But
after
,
in
and
by
the
said
Stat.
of
ann
34.
H.
8.
it
was
further
ordained
,
That
in
all
and
euery
Writs
originall
or
iudiciall
,
or
other
Proces
,
pleas
,
or
writings
which
bée
not
expressed
in
the
said
ordinance
,
the
fées
thereof
,
as
well
for
the
seales
as
writing
,
shal
be
rated
by
the
said
President
,
Councell
,
and
Iustices
,
or
three
of
them
,
whereof
the
said
President
to
be
one
,
by
their
discretion
from
time
to
time
,
as
the
case
shall
require
.
And
they
shall
haue
full
power
from
time
to
time
,
to
assesse
and
appoint
what
fee
the
said
Sherifes
,
Escheators
,
and
Coroners
,
and
their
ministers
,
Prenotaries
and
their
clerkes
,
and
other
ministers
of
iustice
in
the
said
shire
,
shall
haue
of
the
Kings
subiects
for
any
maner
writs
,
plaints
,
pleas
,
proces
,
returnes
,
or
any
other
matter
or
thing
,
concerning
or
belonging
to
the
execution
of
their
offices
and
roomes
,
and
to
augment
or
diminish
any
fée
or
fées
aboue
declared
,
as
shal
be
thought
by
their
discretions
to
be
conuenient
and
méet
for
the
common
wealth
of
the
kings
subiects
of
those
partes
of
Wales
.
Oppression
.
1
OPpression
is
a
grieuance
done
by
one
man
or
more
to
the
hurt
or
preiudice
of
others
,
What
oppression
is
.
without
any
warrant
of
law
,
or
colour
of
iustice
:
or
it
is
a
burden
or
charge
which
one
man
doth
impose
on
another
,
more
than
the
law
doth
lay
vpon
him
,
and
is
for
the
most
part
wrought
by
the
superior
in
countenance
,
abilitie
,
or
office
,
to
the
inferior
in
the
same
:
for
the
oppressor
sicuti
Nimroth
robustus
venator
,
&
tanquam
Leo
subuersor
in
domo
sua
,
is
alwayes
offering
hard
measure
to
them
who
are
to
deale
with
him
,
vntill
they
be
able
and
willing
to
resist
him
.
The
fraudulent
deceiuor
yéeldeth
a
man
something
for
his
money
,
or
at
the
least
giueth
a
faire
colour
so
to
do
.
The
extortioner
is
most
times
an
officer
,
and
doth
take
paines
,
and
is
worthy
of
his
due
reward
,
&
so
is
tollerable
,
vntill
he
wresteth
more
than
his
desert
.
But
the
oppressor
grapleth
for
what
he
can
get
,
and
returneth
nothing
,
and
wresteth
to
reap
that
which
he
hath
not
sowen
,
and
to
gather
fruit
where
he
hath
not
grafted
:
the
marke
he
roueth
at
,
is
his
priuat
profit
,
&
respect●th
not
how
many
,
and
how
much
he
in
that
cause
hurteth
,
so
that
his
owne
purse
be
filled
,
or
his
will
be
accomplished
.
As
,
Oppression
by
disseisin
.
euerie
disseisor
who
doth
vnlawfully
expell
and
put
another
man
out
of
his
fréehold
,
may
aptly
be
termed
an
oppressor
,
for
hee
doth
not
put
in
practise
that
iniurie
couertly
and
secretly
,
by
fraud
and
collusion
vnder
hand
,
as
the
deceiuor
&
extortioner
do
,
but
by
plain
and
open
wrong
,
and
doth
stand
in
the
face
of
al
his
beholders
,
and
commonly
iustifieth
that
which
he
hath
done
.
And
therfore
as
the
said
disseisin
and
oppression
is
manifest
,
so
hath
the
stat.
of
West
.
2.
appointed
a
speedie
and
manifest
remedie
to
the
disseisée
to
redresse
and
reforme
the
same
,
which
is
by
an
Assise
of
Nouel
diss
.
to
the
end
,
that
as
he
was
newly
and
lately
disseised
so
he
might
be
quickly
and
spéedily
restored
.
And
because
the
law
doth
adiudge
a
man
oppressed
and
iniured
,
who
is
disseised
of
estouers
of
wood
,
Of
what
things
one
may
be
disseised
.
or
of
profit
to
be
taken
in
wood
,
nuts
,
acorns
,
and
of
other
fruit
to
be
gathered
:
or
of
a
corrody
of
deliuering
corne
,
and
other
victuals
and
necessaries
to
bee
receiued
yearely
in
a
place
certaine
:
or
of
toll
,
tonnage
,
passage
,
pontage
,
pawnage
,
or
such
like
things
to
be
taken
in
places
certain
:
or
of
the
kéeping
of
woods
,
forrests
,
parks
,
chases
,
warreines
,
gates
,
and
other
bailiwikes
and
offices
in
fée
:
or
of
common
of
pasture
,
turbaries
,
fishing
,
and
such
like
,
which
a
man
hath
belonging
to
his
fréehold
,
or
without
his
fréehold
by
speciall
déed
,
at
the
least
for
terme
of
life
:
or
when
one
man
doth
pasture
anothers
seuerall
:
or
when
tenant
for
yeares
,
or
garden
of
a
tenement
doth
alien
the
same
in
fée
,
whereby
the
fréehold
is
transferred
to
the
feoffée
:
St.
13.
E.
1.
25.
therefore
in
all
the
cases
aforesaid
,
that
said
stat.
of
West
.
2.
doth
giue
to
the
party
so
oppressed
and
disseised
,
his
remedie
to
recouer
the
same
by
the
said
Ass.
of
nouel
diss
.
in
which
the
writ
shal
be
De
libero
tenemento
.
If
tenant
by
Elegit
be
put
out
of
the
tenement
which
he
hath
in
execution
:
St.
13.
E.
1.
25.
St.
13.
E.
1.
or
tenant
by
Statute
marchant
be
put
out
of
the
land
which
he
hath
in
execution
:
or
tenant
by
Stat.
staple
be
put
out
of
the
land
which
he
hath
in
execution
:
or
tenant
by
Recognisance
in
the
nature
of
a
Statute
staple
,
his
executors
,
St.
27.
E.
3.
9
St.
23.
H.
8.
9.
administrators
,
or
assignes
,
or
any
of
them
be
disseised
,
or
put
out
of
the
land
which
he
or
they
haue
in
execution
,
he
or
they
so
disseised
,
or
put
out
,
may
haue
&
maintaine
an
Assise
,
for
it
is
to
him
or
them
a
disseisin
&
an
oppression
.
St.
32.
H
8.
7
If
any
person
who
hath
an
estate
of
inheritance
or
fréehold
,
in
any
parsonage
,
vicarage
,
portion
,
pention
,
tithes
,
oblations
,
or
other
Ecclesiasticall
profit
,
made
temporall
,
be
deforced
,
kept
,
or
put
from
the
same
,
this
is
a
disseisin
and
oppression
,
&
the
party
so
wronged
may
haue
an
Assise
to
recouer
the
same
.
And
if
any
Escheator
,
St.
3.
E.
1.
24
Sherife
,
or
other
of
the
K.
Bailifes
,
shall
by
colour
of
his
office
(
without
speciall
warrant
or
certaine
authoritie
which
belongeth
to
his
office
)
disseise
any
man
of
his
fréehold
,
or
of
any
thing
which
belongeth
to
his
fréehold
,
this
is
an
oppression
,
and
the
disseisée
may
at
his
choyce
either
haue
an
Assise
,
and
recouer
double
dammages
,
and
the
defendant
shal
be
amerced
,
or
else
the
K.
vpon
complaint
shall
redresse
the
matter
.
If
lands
be
graunted
by
the
Kings
Patent
,
without
any
title
sound
by
Enquest
,
St.
1.
H.
4.
8.
or
where
the
Kings
entrie
is
not
giuen
by
the
law
,
and
if
any
be
put
out
or
disseised
of
his
fréehold
thereby
,
this
is
an
oppression
:
And
the
partie
put
out
,
shal
haue
a
speciall
Assise
against
the
kings
Patentée
,
and
recouer
treble
dammages
.
Oppression
by
approuement
of
common
.
2
If
the
Lord
of
a
Mannor
(
wherein
he
hath
certaine
fréehold
tenants
,
and
certaine
neighbours
)
do
approue
some
part
of
the
wasts
,
woods
,
or
pastures
of
the
same
Mannor
,
not
leauing
to
his
said
tenants
and
neighbours
sufficient
common
of
pasture
vnto
their
tenements
,
or
not
sufficient
and
conuenient
ingresse
and
regresse
to
the
same
,
this
is
an
oppression
of
the
same
tenants
,
and
a
disseisin
of
their
common
.
And
the
sayd
tenants
and
neighbours
(
or
any
of
them
)
may
by
force
of
the
Statutes
of
Merton
,
and
West
.
2.
St.
20.
H.
3.
4
St.
13.
E.
1.
46.
bring
an
Assise
of
Common
of
pasture
against
the
Lord
who
doth
so
approue
and
oppresse
.
And
if
it
be
found
by
the
Iurie
,
that
their
ingresse
and
regresse
were
any
thing
hindered
by
the
deforceors
,
or
that
they
had
not
sufficient
pasture
,
then
they
shall
recouer
their
seisin
by
the
view
of
the
Iurors
:
so
that
by
their
discretion
and
othe
they
shall
haue
sufficient
pasture
,
ingresse
and
regresse
,
and
the
disseisors
shall
be
amerced
,
and
render
dammages
,
which
dammages
(
by
force
of
the
statute
of
Anno
3.
Ed.
6.
St.
3.
E.
6.
3.
)
shall
be
trebled
by
the
iudgement
of
the
Court
where
such
Assise
and
iudgement
shall
be
had
.
Oppression
by
surcharge
of
common
.
And
so
it
is
if
the
Lord
of
a
Manor
doth
surcharge
the
common
with
so
many
cattell
,
Fitz.
Admes
.
11.
Common
29.
as
that
his
fréeholders
or
neighbours
cannot
haue
sufficient
common
for
their
cattell
,
as
they
had
woont
to
haue
,
or
as
they
ought
to
haue
belonging
to
their
tenements
,
this
is
an
oppression
and
disseisin
of
their
common
,
and
any
of
them
may
bring
an
Assise
of
Common
of
pasture
against
the
said
Lord
,
and
recouer
his
common
,
and
his
dammages
.
Inclosure
of
common
by
cause
of
vicinage
,
is
no
oppression
.
But
if
there
be
two
Lords
of
two
seuerall
Mannors
,
which
haue
two
wasts
adioyning
parcell
of
their
mannors
,
Co.
li.
4.
38.
lying
together
without
inclosure
or
seperation
,
and
yet
the
bounds
of
each
mannor
is
well
knowne
by
certaine
méers
and
marks
,
in
which
wasts
the
tenants
of
the
one
mannor
and
of
the
other
haue
reciprocally
had
and
vsed
common
by
cause
of
vicinage
:
13.
H.
7.
14
:
M.
14
Eliz.
Dyer
316.
In
this
case
one
of
those
Lords
may
inclose
against
the
other
,
&
by
that
meanes
vtterly
take
away
his
common
by
cause
of
vicinage
from
him
,
though
it
hath
béene
otherwise
vsed
time
out
of
the
remembrance
of
man
.
And
this
common
per
cause
de
vicinage
,
is
rather
an
excuse
of
a
Trespasse
when
the
cattell
of
the
tenant
of
one
Mannor
do
stray
into
the
wasts
of
the
other
Mannor
,
than
any
certaine
inheritance
:
for
the
tenants
of
one
Mannor
may
not
put
their
cattell
into
the
wast
of
the
other
Mannor
,
but
they
may
come
thither
onely
by
escape
,
and
this
inclosure
is
onely
to
preuent
the
escape
of
the
cattell
,
which
is
a
lawfull
act
,
and
no
oppression
:
For
in
the
case
aforesaid
,
where
the
wasts
of
both
the
Mannors
be
adioyning
together
,
and
that
the
one
of
them
hath
common
with
the
other
by
cause
of
vicinage
,
Co.
li.
7.
5.
and
that
the
one
village
hath
an
hundred
acres
of
common
,
and
the
other
but
fiftie
acres
of
common
:
Commoners
shall
charge
common
according
to
the
quantity
thereof
.
in
this
case
the
inhabitants
of
the
village
which
hath
but
fiftie
acres
of
common
can
put
no
more
cattell
into
their
sayd
common
of
fiftie
acres
,
than
it
will
maintaine
,
without
hauing
respect
to
the
common
in
the
said
hundred
acres
,
for
if
they
do
,
it
is
an
oppression
and
wrong
,
nece
conuerso
:
for
the
originall
cause
of
this
common
by
cause
of
vicinage
,
was
not
for
profit
,
but
for
preuenting
of
suits
in
a
Champion
countrey
,
in
respect
of
reciprocall
escapes
from
one
towne
to
another
.
3
It
appeareth
by
the
preamble
of
the
statute
of
Marlebridge
,
that
they
who
tooke
distresses
of
their
tenants
,
or
neighbours
,
for
rents
supposed
to
bée
due
to
them
,
or
for
any
trespasses
done
to
them
,
and
after
did
driue
the
same
distresses
forth
of
the
countie
where
they
were
taken
,
to
be
impownded
in
another
countie
,
were
accounted
to
do
it
to
oppresse
them
whose
cattell
they
so
did
distrain
and
impownd
,
and
the
same
was
also
adiudged
an
act
done
against
the
peace
:
whereupon
,
for
the
eschewing
of
such
oppressions
,
by
the
same
statute
,
and
also
by
the
statute
of
West
.
1.
St.
25.
H.
3.
4
St.
3.
E.
1.
16.
it
was
ordained
,
Oppression
by
distresses
.
That
no
man
shall
cause
a
distresse
to
be
driuen
forth
of
the
Countie
wherein
it
was
taken
.
And
for
the
auoiding
of
the
like
oppressions
,
vexations
,
and
troubles
,
by
a
statute
made
Anno
1.
St.
1.
&
2.
P.
&
M.
12.
&
2.
P.
&
M.
it
was
enacted
,
That
whosoeuer
shall
driue
any
distresse
out
of
the
Hundred
,
Rape
,
Wapentake
,
or
Lath
where
it
was
taken
(
except
it
be
to
a
pownd
ouert
within
the
same
shire
,
being
not
aboue
thrée
miles
distant
from
the
place
where
it
is
taken
)
or
shall
impownd
in
seuerall
places
,
goods
distrained
for
any
cause
at
one
time
,
whereby
the
owner
shall
be
constrained
to
sue
seuerall
Repleuies
for
the
deliuerie
of
the
same
distresses
,
shall
forfeit
to
the
partie
grieued
for
euerie
such
offence
fiue
pounds
,
and
treble
dammages
.
And
whosoeuer
doth
take
for
kéeping
in
pownd
,
pondage
,
Pondage
money
.
or
the
impownding
of
a
whole
distresse
,
aboue
iiij
.
d.
or
doth
take
so
much
where
lesse
hath
vsually
béen
taken
,
shall
forfeit
to
the
partie
grieued
fiue
pounds
,
and
so
much
as
hée
taketh
ouer
the
said
iiij
.
pence
.
And
because
the
law
hath
deuised
,
that
one
neighbour
may
distraine
the
goods
of
another
for
his
debt
,
duetie
,
or
dammages
sustained
,
and
that
the
same
distresse
shall
be
reasonable
,
according
to
the
quantitie
of
the
sayd
supposed
debt
,
or
dammages
,
and
that
then
the
same
distresse
shall
bée
put
in
a
pownd
ouert
sub
custodia
legis
,
vntill
it
bée
decided
whether
the
same
was
taken
vpon
iust
cause
or
not
:
and
not
to
the
end
that
one
neighbour
should
by
distraining
vniustly
oppresse
another
,
or
demaund
of
him
that
which
is
not
due
,
or
put
him
to
further
charge
or
trouble
than
the
necessitie
of
that
cause
,
for
the
recouerie
of
his
owne
debt
or
damages
required
:
therefore
by
the
before
mentioned
statute
of
Marlebridge
,
it
was
further
established
,
That
if
one
neighbour
take
a
distresse
of
another
(
whereby
he
hath
receiued
lesse
)
without
award
of
the
Kings
Court
,
he
shall
make
fine
according
to
the
quantitie
of
the
trespas
:
and
neuerthelesse
sufficient
amends
shal
be
to
them
which
haue
receiued
losse
by
such
distresse
:
Distraining
out
of
his
fee
.
Or
if
one
do
distrain
another
to
come
to
his
Court
which
is
not
of
his
fée
,
or
vpon
whom
hee
hath
no
iurisdiction
by
reason
of
his
Hundred
or
Bailiwike
,
or
doe
take
a
distresse
without
his
fée
,
or
the
place
where
he
hath
iurisdiction
or
bailiwike
,
hee
shall
make
fine
according
to
the
quantitie
of
his
offence
.
Excessiue
distresse
.
Or
if
one
do
take
any
vnreasonable
&
excessiue
distresses
,
which
is
grieuous
,
and
more
than
the
quantitie
of
the
debt
or
damages
,
this
is
an
oppression
,
an
he
shall
be
amerced
:
41.
Ed.
3.
26
29.
Ed.
3.
23.
As
a
man
auowed
the
distraining
of
200.
shéepe
and
16.
beasts
for
ij
.
pence
rent
,
and
he
was
amerced
therefore
:
for
all
that
he
tooke
aboue
vj.
shéepe
,
were
adiudged
an
oppression
,
and
so
vnlawful
.
But
if
a
man
distraine
for
homage
,
28.
Ass.
p.
50
42.
Ed.
3.
26.
Co.
li.
4.
8.
Fitz.
Na.
Br.
178.
27.
Ass.
p.
51
28.
Ass.
p.
50
the
distresse
cannot
be
too
excessiue
,
how
many
beasts
soeuer
he
doth
take
,
for
that
homage
is
not
valuable
,
though
for
rent
,
fealtie
,
and
other
seruices
,
it
may
be
excessiue
.
And
in
like
sort
,
Oppression
by
often
distresse
.
if
the
Lord
of
a
Mannor
,
or
any
other
,
who
hath
rent
issuing
forth
of
certaine
land
,
do
distraine
the
tenant
of
the
same
land
diuers
times
for
rent
,
or
seruices
,
where
none
is
behind
vnpaid
,
this
is
an
oppression
of
the
same
tenant
who
is
distrained
:
for
in
this
case
the
partie
who
claimeth
this
rent
,
cannot
distraine
for
rent
,
séeing
none
was
due
to
him
,
but
his
distresse
is
onely
taken
to
vexe
the
tenant
of
the
land
,
and
so
to
oppresse
him
.
And
therefore
the
sayd
tenant
may
haue
an
Assise
of
Souent
foits
distresse
against
the
same
Lord
,
and
recouer
dammages
of
him
according
to
the
losse
he
hath
receiued
by
the
same
distresses
,
viz.
for
not
plowing
,
or
for
not
manuring
his
land
,
Lib.
in
t
.
82.
Co.
li.
4.
8.
or
for
taking
no
profit
thereby
.
But
it
is
otherwise
,
if
the
same
seuerall
distresses
were
taken
for
homage
.
Seueral
distresses
for
one
thing
.
And
so
it
is
,
if
a
man
do
distraine
for
rent
,
or
seruices
,
or
for
any
other
thing
,
Fit
.
Nat.
Br.
71.
and
depending
a
suit
betwéene
the
parties
for
the
same
rent
,
seruice
,
or
other
thing
,
he
who
did
distrain
doth
distrain
again
for
the
same
rent
,
seruice
,
or
thing
,
for
the
which
he
did
distrain
before
,
the
beasts
or
goods
of
him
whose
hée
did
first
distraine
,
this
is
an
oppression
of
him
whose
goods
be
twice
distrained
:
For
the
redresse
whereof
hée
may
haue
a
writ
of
Recaption
A
writ
of
Recaption
.
against
him
who
so
did
distraine
his
goods
twice
for
one
cause
,
whereby
hée
shall
recouer
dammages
for
his
second
distresse
:
And
also
hée
that
did
take
the
same
distresse
,
shall
make
fine
to
the
King
for
his
oppression
and
wrong
,
though
the
first
distresse
were
lawfully
taken
,
yea
and
though
the
rent
or
seruice
for
the
which
he
did
distraine
,
were
behind
,
vnpayed
,
or
vndone
,
séeing
by
the
first
distresse
(
the
cause
being
prooued
true
and
lawfull
,
hée
might
haue
had
returne
of
the
goods
or
cattell
which
hee
did
distraine
vntill
hée
had
béene
satisfied
of
the
rent
,
seruice
,
or
thing
,
for
the
which
hée
did
distraine
.
But
a
man
may
distraine
the
cattell
of
him
who
bée
eating
of
his
corne
or
grasse
,
Distresses
for
damages
for
t
.
or
doing
any
other
hurt
in
his
ground
,
47.
Ed.
3.
7
so
often
as
he
shall
find
them
doing
hurt
therein
,
and
it
is
no
oppression
or
wrong
so
to
do
:
for
he
doth
not
distraine
twice
for
one
cause
,
as
in
the
former
case
,
but
distraineth
seuerall
times
for
seuerall
new
offences
.
4
And
euerie
Trespasse
which
the
law
doth
interpret
to
bee
iniuriously
committed
vi
&
armis
,
may
also
fitly
be
termed
an
oppression
:
for
it
is
done
vpon
the
offendors
owne
wrong
,
without
warrant
of
law
:
St.
5.
R.
2.
●
As
if
one
person
doe
enter
vpon
anothers
land
,
&
expell
him
out
of
the
possession
therof
,
whereas
his
entry
is
not
giuen
by
the
law
,
or
doth
enter
with
strong
hand
,
or
multitude
of
people
,
Fitz.
Tresp
.
13.
45.
234
20.
H.
6.
22.
9.
Ed.
4.
28.
9.
H.
6.
64.
21.
H.
6.
5.
21.
Ed.
4.
18.
9.
Ed.
4.
29.
10.
Ed.
4.
4.
21.
Ed.
4.
4.
1.
H.
7.
10.
37.
H.
6.
36.
21.
H.
7.
1●
.
11.
H.
4.
64.
20.
H.
6.
14.
3.
H.
6.
12.
10.
H.
6.
16.
43.
Ed
3.
13.
4.
Ed.
3.
48
47.
Ed.
3.
22
43.
Ed.
3.
35
1.
H.
5.
1.
and
not
in
peaceable
manner
,
this
is
an
oppression
.
And
so
it
is
,
Oppression
by
Trespasses
.
if
one
person
doe
pull
downe
,
breake
,
or
impaire
anothers
house
,
or
any
part
thereof
:
Or
if
one
person
doe
fell
,
cut
downe
,
or
carrie
away
the
Timber
,
Trées
,
or
Wood
of
another
:
Or
if
one
person
doe
fell
,
cut
,
tread
downe
,
or
carrie
away
the
corne
or
grasse
of
another
:
Or
if
one
person
doe
with
his
cattell
depasture
,
feed
,
or
eat
the
corne
,
grasse
,
or
hay
of
another
:
Or
if
one
person
doe
take
and
carrie
away
the
money
,
plate
,
iewels
,
houshold-stuffe
,
cattell
,
corne
,
hay
,
or
any
kind
of
goods
of
anothers
:
Or
if
one
person
doe
plough
,
till
,
eyre
,
or
digge
the
ground
or
soyle
of
another
:
Or
if
one
person
doe
mayme
,
imprison
,
wound
,
or
beat
another
,
or
doth
mayme
,
wound
,
or
beat
the
seruant
of
another
,
whereby
he
looseth
his
seruice
:
Or
if
one
person
doe
hunt
,
chase
,
or
hawke
in
the
frée
Warren
of
another
,
or
doe
take
,
kill
,
or
destroy
his
game
there
:
Or
if
one
person
doe
fish
in
the
Pond
,
Poole
,
Mildam
,
Stew
,
or
other
seuerall
fishing
of
another
:
Or
if
one
person
doe
breake
the
doue-house
of
another
,
or
destroy
the
flight
of
the
doues
of
another
:
Or
if
one
person
doe
digge
the
Myne
of
Tinne
,
Lead
,
Stone
,
Coale
,
Grauell
,
Sand
,
Matle
,
Chalke
,
&c.
of
another
:
Or
if
one
person
doe
pull
vp
&
take
away
the
meerestones
which
by
consent
haue
béen
set
betwéen
his
own
ground
and
anothers
:
In
all
and
euerie
of
which
cases
,
the
partie
grieued
may
pursue
an
Action
of
Trespasse
against
the
offendor
,
and
declare
that
hée
committed
any
of
the
said
offences
,
vi
&
arm●s
,
wherein
(
if
the
defendant
be
attainted
)
hée
shall
pay
to
the
plaintife
his
dammages
sustained
,
and
to
the
King
a
fine
,
for
that
he
hath
done
an
oppression
to
one
of
his
subiects
,
and
made
an
offence
to
the
law
.
Fit
.
Nat.
Br.
183.
4.
Ass.
p.
3.
5
Euerie
Nusance
which
one
person
doth
to
the
land
of
another
,
Oppression
by
Nusances
.
wherein
the
owner
hath
an
estate
for
the
terme
of
life
,
in
tayle
,
or
in
fée
simple
,
may
also
bée
accounted
an
oppression
:
for
those
Nusances
be
put
in
practise
by
the
offendors
onely
will
,
and
by
his
owne
open
,
playne
,
and
manifest
wrong
,
to
the
disheritance
of
another
,
or
to
the
preiudice
of
his
Fréehold
,
without
any
warrant
of
law
,
18.
Ed.
3.
22.
21.
Ed.
3.
2
Co.
li.
5.
101.
Li.
Int.
406.
or
colour
of
iustice
:
As
if
one
person
doe
build
or
leuie
a
house
,
a
wall
,
a
shead
,
a
leantor
,
a
chimney
,
a
gutter
,
or
other
structarie
,
in
his
owne
ground
,
to
the
offence
of
anothers
fréehold
,
or
to
the
drowning
or
rotting
of
his
house
,
or
to
the
stopping
of
his
light
,
or
way
thereunto
,
this
is
an
oppression
.
46.
Ed.
3.
23.
7.
Ed.
3.
56.
And
if
one
person
doe
leuie
,
rayse
,
abate
,
or
pull
downe
a
Damme
,
Poole
,
Pond
,
or
Ditch
,
to
the
hurt
of
anothers
Fréehold
,
that
is
an
oppression
.
27.
Ed.
3.
88.
12.
H.
4.
3.
8.
Ed.
4.
5.
48.
Ed.
3.
27
8.
Eliz.
Dyer
2
50.
14.
Eliz.
Dyer
319.
And
if
one
person
doe
stoppe
,
straiten
,
or
turne
an
auncient
water-course
,
to
the
hurt
of
anothers
Freehold
,
or
in
such
sort
as
it
doth
drowne
the
ground
or
soyle
of
another
,
that
is
an
oppression
.
And
if
one
person
do
stoppe
,
streiten
,
or
greatly
impaire
anothers
highway
,
which
hée
hath
belonging
to
his
Fréehold
,
that
is
an
oppression
.
If
one
person
doe
conuey
water
to
his
house
or
ground
,
by
a
pipe
of
lead
,
timber
,
or
vault
of
stone
,
and
another
person
will
make
another
pype
out
of
that
pype
,
to
take
away
part
of
the
same
water
,
that
is
an
oppression
of
him
that
made
the
first
pype
.
And
if
one
doe
erect
a
lime-kill
néere
vnto
anothers
dwelling
house
,
4.
Ed.
3.
36
5.
Ed.
3.
43.
4.
Ass.
p.
3.
the
smoake
and
heat
whereof
,
when
it
is
set
on
fire
,
doth
annoy
the
inhabitant
of
the
said
house
and
his
familie
,
or
doth
scorch
or
dry
vp
the
fruit
trées
in
his
orchard
,
that
is
an
oppression
.
And
if
one
person
hath
the
fréehold
of
a
seueral
fishing
in
a
riuer
,
pond
,
poole
,
moat
,
mill
damme
,
or
other
water
,
Lib.
in
t
.
406.
and
another
person
wil
build
a
dye-house
adioyning
,
or
neere
vnto
it
,
and
then
will
powre
out
,
or
cause
to
run
from
thence
,
corrupt
ashes
,
dung
,
slime
,
filth
,
or
other
annoyances
,
into
the
said
seuerall
fishing
place
,
to
the
distruction
of
the
fish
there
,
whereby
the
owner
doth
loose
the
benefit
of
his
seuerall
fishing
,
that
is
an
oppression
of
him
.
And
if
one
person
will
erect
or
settle
vp
a
Faire
or
Market
,
Fit
.
Nat.
Br.
184.
Register
.
197.
199.
Li.
Int.
407.
to
the
preiudice
or
hinderance
of
anothers
Faire
or
Market
,
that
is
an
oppression
of
him
who
had
the
first
Faire
or
Market
.
And
if
one
person
do
lay
timber
,
faggots
,
stones
,
lime
,
sand
,
grauell
,
dung
,
or
any
other
thing
,
vpon
or
against
the
house
of
another
,
which
do
rot
,
putrifie
,
corrupt
,
or
impaire
the
walls
,
timber
,
or
other
part
of
the
same
house
,
or
any
corrupt
,
noisome
,
or
stinking
thing
,
the
sauor
or
smell
whereof
is
offensiue
to
the
inhabitant
of
the
same
house
and
his
familie
,
that
is
an
oppression
of
the
same
inhabitant
:
The
remedies
for
oppression
by
Nusances
.
In
which
foresaid
cases
the
parties
grieued
by
the
said
Nusances
,
and
oppressions
,
may
in
some
cases
haue
their
remedies
by
Assise
of
Nusance
brought
in
the
Common
Pleas
,
in
some
other
cases
,
by
writs
of
Nusance
called
Vicountiels
,
tryed
in
the
Countie
before
the
Sherife
,
in
some
other
cases
,
by
the
writ
of
Quod
permittat
,
in
some
other
cases
by
action
vpon
the
case
:
and
in
most
of
the
sayd
cases
,
the
sayd
parties
grieued
by
the
sayd
Nusances
,
may
take
away
,
pull
downe
,
Co.
li.
5.
101.
and
remooue
the
same
Nusances
,
as
their
seuerall
estates
will
enable
them
,
or
their
seuerall
cases
doe
require
.
Oppression
by
Rescous
.
6
Euerie
Rescous
that
is
vnlawfully
made
of
cattel
or
other
goods
distrained
,
is
an
oppression
;
for
the
offendor
doth
a
wrong
of
his
owne
authoritie
,
to
the
preiudice
of
another
,
in
contempt
of
the
iustice
of
the
Realme
,
without
any
warrant
or
colour
of
law
:
Séeing
when
the
partie
grieued
by
himselfe
,
44.
Ed.
3.
20
40.
Ed.
3.
32.
17.
Ed.
3.
43.
18.
Ed.
3.
30
2.
H.
4.
15.
or
some
other
,
doth
distraine
within
his
fée
,
for
his
rent
or
seruices
behind
,
for
dammages
which
hée
hath
sustained
,
for
amerciaments
,
a
rent
charge
,
or
for
some
other
cause
which
hée
taketh
to
bée
lawfull
,
the
cattell
or
other
goods
of
him
who
he
doth
conceiue
detaineth
his
due
rent
,
or
seruice
from
him
,
or
whose
cattell
haue
eaten
or
spoyled
his
corne
,
or
grasse
,
or
otherwise
haue
trespassed
in
his
ground
,
and
doth
in
quiet
and
peaceable
manner
driue
them
towards
the
pownd
,
there
to
remaine
as
a
pledge
sub
custodia
legis
,
vntill
the
law
hath
decided
whether
there
was
iust
cause
of
distresse
or
not
,
the
owner
of
the
same
cattell
,
or
some
other
in
his
behalfe
,
will
by
force
and
strong
hand
,
make
Rescous
of
this
cattell
,
and
take
them
from
him
who
distrayned
them
,
and
so
will
not
submit
himselfe
to
the
censure
of
the
law
,
nor
tarrie
vntill
it
be
discussed
by
the
ordinarie
course
of
iustice
,
whether
the
party
that
distrained
had
lawfull
cause
so
to
doe
or
not
,
but
will
be
his
owne
iudge
,
and
take
the
authoritie
of
reuenge
to
himselfe
:
which
is
an
oppression
of
him
whose
rent
or
seruices
were
due
,
and
vnpayd
,
or
whose
corne
or
grasse
was
eaten
,
&c.
and
who
was
also
forcibly
depriued
of
the
ordinarie
remedie
which
the
law
did
assigne
him
for
the
recouerie
of
his
owne
duetie
.
And
moreouer
it
is
a
contempt
of
the
law
which
the
same
offendor
doth
refuse
to
be
iudged
by
:
7.
H.
6.
1.
22.
H.
6.
54.
Fitz.
Na.
Br.
101.
and
therefore
in
this
case
the
partie
grieued
may
pursue
against
the
offendor
a
writ
of
Rescous
for
this
Rescous
made
,
and
oppression
done
vnto
him
,
and
thereby
recouer
his
dammages
:
and
also
the
King
shall
haue
a
fine
of
him
,
for
this
contempt
of
his
law
,
and
his
peace
broken
,
Li.
Int.
527.
and
the
offendor
shall
be
imprisoned
vntill
hée
hath
paid
the
same
.
7
Euery
Encrochment
which
one
person
doth
make
vpon
anothers
land
,
Oppression
by
incrochments
,
ground
couered
with
water
,
rent
,
or
seruice
,
is
also
an
Oppression
:
for
they
be
done
and
put
in
practise
by
the
offendors
own
open
,
plaine
,
&
manifest
wrong
,
without
any
warrant
or
colour
of
the
law
.
As
,
it
is
an
oppression
for
one
person
by
ploughing
,
earing
,
ditching
,
hedging
,
remoouing
of
Méerestones
or
land
markes
,
22.
Ass.
p.
93
to
get
away
the
ground
or
soyle
of
another
:
and
so
it
is
for
one
person
to
draw
away
or
alter
an
auncient
Riuer
,
Brooke
,
or
Streame
of
another
persons
out
of
the
old
and
wonted
course
:
and
so
it
is
,
if
there
be
lord
and
tenant
,
and
the
tenant
doth
hold
his
land
of
his
lord
by
fealty
&
fiue
shillings
of
yearely
rent
,
and
of
late
yeares
the
lord
hath
had
seisin
of
more
rent
of
the
tenant
by
the
tenants
owne
payment
without
cohertion
of
Distresse
,
if
in
this
case
the
lord
will
distraine
his
tenants
Cattell
for
that
surplusage
of
rent
,
that
is
an
oppression
,
and
for
the
redresse
thereof
the
same
tenant
may
pursue
against
his
lord
a
Writ
of
Ne
iniuste
vexes
,
grounded
vpon
a
braunch
of
the
statute
of
Magna
Charta
,
St.
9.
H.
3.
10
thereby
commaunding
the
Lord
,
that
he
shall
not
oppresse
nor
vniustly
vexe
his
tenant
for
more
rent
or
seruices
then
hée
ought
to
pay
or
doe
:
12.
E.
4.
7.
28.
Ass.
p.
33
5.
Ed.
4.
82.
Or
otherwise
the
tenant
may
auoid
this
surplusage
of
rent
in
an
Assise
,
Writ
of
Rescous
,
or
Cessauit
brought
against
him
by
his
lord
:
but
in
a
Repleuin
he
cannot
auoid
his
lord
of
this
rent
newly
incroched
,
séeing
the
same
lord
hath
had
seisin
thereof
:
and
so
it
is
,
if
the
lord
of
a
Manor
,
40.
Ed.
3.
44.
49.
Ed.
3.
22.
39.
E.
3.
6.
which
is
auncient
demesne
,
will
encroch
vpon
his
tenants
,
and
distraine
them
or
any
of
them
that
hold
their
lands
by
Charter
fréely
,
to
doe
other
seruices
or
customes
to
the
same
lord
then
they
ought
to
doe
,
or
that
their
auncestors
were
accustomed
to
do
,
this
is
an
oppression
of
the
same
tenants
:
and
for
the
redresse
thereof
,
all
the
tenants
of
the
said
auncient
demesne
Manor
may
haue
against
their
said
lord
the
kings
writ
of
Monstrauerunt
directed
to
the
said
lord
,
commaunding
him
thereby
,
that
hée
shall
not
require
nor
cause
to
bée
required
of
his
said
tenants
more
seruices
or
customes
then
they
ought
to
doe
,
Fitz.
Na.
Br.
14.
or
had
wont
to
doe
.
And
if
after
the
said
writ
directed
,
he
will
distraine
the
goods
of
them
or
any
of
them
againe
,
to
doe
more
seruices
then
they
ought
to
doe
:
Then
the
same
tenants
,
or
such
,
or
so
many
of
them
as
bee
so
distrained
may
procure
an
attachment
against
their
said
lord
,
Fitz.
Na.
Br.
15.
returnable
in
the
K.
Bench
or
common
place
,
for
this
oppression
and
contempt
,
wherin
euery
of
the
same
tenants
shall
recouer
his
dammages
seuerally
,
according
to
his
losse
.
8
Euery
excessiue
amerciament
which
one
person
doth
take
of
another
,
Oppression
by
excessiue
amerciament
.
is
also
to
be
accounted
an
oppression
of
the
party
so
amerced
:
for
by
the
Statutes
of
Magna
Charta
&
West
.
1.
St.
9.
H.
3.
14
3.
Ed.
1
,
6.
it
is
ordained
,
That
no
Citie
,
Borough
,
Towne
,
or
man
shall
be
amerced
but
for
a
reasonable
cause
,
and
according
to
the
quantitie
of
his
offence
:
and
euery
fréeman
shall
bée
amerced
sauing
his
fréehold
,
a
marchant
sauing
his
marchandize
,
and
euery
other
mans
villaine
(
besides
the
kings
)
sauing
his
villaine
tenure
:
and
the
same
amerciaments
shall
bee
assessed
by
the
oath
of
honest
and
lawfull
men
of
the
same
vicenage
.
So
that
if
one
person
doe
take
a
much
greater
amerciament
of
another
then
the
quantitie
of
his
offence
doth
require
in
a
Court
Baron
,
or
other
Court
which
is
not
of
record
,
or
doe
take
that
amerciament
of
his
owne
authoritie
,
without
being
before
assessed
by
others
vpon
their
oathes
,
and
so
maketh
himselfe
iudge
in
his
owne
cause
,
this
is
an
oppression
of
the
party
amerced
:
for
the
redresse
whereof
the
party
grieued
may
procure
to
be
directed
to
the
lord
of
the
said
Manor
,
or
to
his
Baylife
,
a
Writ
of
Moderata
misericordia
(
which
was
founded
vpon
the
said
stat.
of
Magna
Charta
)
commaunding
them
thereby
,
Fitz.
Na.
Br.
75.
that
they
shall
take
a
moderat
and
indifferent
amerciament
of
the
same
person
,
according
to
the
quantity
of
his
offence
.
And
if
the
lord
or
his
baylife
will
not
then
cease
to
distraine
for
the
said
excessiue
amerciament
,
the
partie
so
oppressed
may
haue
against
the
offendor
an
attachment
,
directed
to
the
Shirife
of
that
Countie
where
the
same
Distresse
is
taken
,
to
attach
him
to
appeare
in
the
kings
Court
,
and
to
answere
his
said
offence
.
Oppression
by
committing
of
wast
.
9
The
Wast
and
Estrepement
which
one
person
hauing
a
particular
estate
in
another
persons
land
,
doth
make
or
commit
to
the
disheritance
of
him
in
the
reuersion
or
remainder
of
the
same
land
,
without
his
consent
,
may
also
be
accounted
an
oppression
of
him
in
whom
the
said
inheritance
is
:
for
when
one
person
doth
lease
,
or
otherwise
conuey
his
land
to
another
,
for
the
terme
of
life
,
liues
,
or
yeares
,
he
doth
in
effect
but
lend
the
same
land
to
the
sayd
particular
tenant
for
the
terme
betwéene
them
agréed
vpon
,
expecting
to
haue
the
same
againe
at
the
end
of
the
terme
,
in
as
good
plight
,
and
in
such
sort
,
as
it
was
when
he
first
did
deliuer
and
lend
it
.
And
therefore
if
the
particular
tenant
,
during
the
continuance
of
his
estate
,
doe
commit
any
wast
in
the
same
land
,
he
cannot
deliuer
it
againe
at
the
end
of
his
terme
in
such
plight
and
sort
,
as
at
the
first
he
did
receiue
and
borrow
it
:
but
by
the
wast
the
perpetuall
profit
of
the
land
is
impaired
,
and
therefore
of
so
much
in
value
,
hée
in
the
reuersion
or
remainder
is
disherited
.
And
for
the
preuention
thereof
,
by
the
statute
of
Marlebridge
it
was
ordained
,
St.
52.
H.
3.
24.
That
Farmors
during
their
termes
shall
not
make
wast
,
sale
,
or
exile
of
houses
,
woods
,
or
men
,
nor
of
any
thing
belonging
to
the
Tenements
which
they
haue
in
farme
,
without
they
haue
speciall
graunt
in
writing
,
making
mention
of
a
couenant
,
that
they
may
doe
it
.
And
to
the
intent
that
condigne
punishment
might
bée
prouided
and
inflicted
vpon
such
as
should
be
transgressors
and
oppressors
in
these
cases
of
Wast
,
by
the
statute
of
Gloucester
it
was
enacted
,
St.
6.
Ed.
1.
5
That
a
man
shall
haue
an
action
of
Wast
in
the
Chauncerie
against
him
which
is
tenant
by
the
courtesie
of
England
,
The
tenants
forf.
which
committeth
wast
.
or
otherwise
tenant
for
terme
of
life
,
or
for
terme
of
yeares
,
or
against
a
woman
which
holdeth
in
Dower
:
and
he
which
shall
bée
attainted
of
Wast
,
shall
forfeit
the
thing
wasted
,
and
besides
shall
pay
treble
so
much
as
the
Wast
shall
be
taxed
:
and
after
by
the
statute
of
Westminster
the
second
,
the
same
was
in
a
sort
confirmed
,
St.
13.
E.
1.
14
and
the
said
action
of
Wast
was
againe
giuen
against
the
foresaid
tenants
by
the
courtesie
,
in
dower
,
for
terme
of
life
,
or
yeares
,
and
also
ordained
to
extend
against
Gardens
.
And
by
the
same
statute
,
the
proces
to
be
vsed
in
the
said
action
of
Wast
was
assigned
to
be
Summons
,
Attachment
,
and
Distresse
,
and
if
the
party
defendant
doe
not
appeare
at
the
distresse
,
then
a
writ
shall
be
awarded
to
the
Shirife
,
to
inquire
of
the
wast
by
the
oathes
of
twelue
men
.
And
because
diuers
persons
did
let
their
lands
to
others
,
sometime
for
terme
of
life
,
or
anothers
life
,
and
sometime
for
terme
of
yeares
,
and
after
the
said
tenants
did
graunt
their
estates
which
they
had
in
the
same
Lands
and
Tenements
to
others
,
to
the
intent
that
they
in
the
reuersion
,
viz.
their
lessors
,
their
heires
or
assignées
should
not
take
knowledge
of
their
names
,
and
yet
the
first
lessees
did
continually
occupie
the
said
Lands
,
and
tooke
the
profites
to
their
owne
vse
,
and
in
the
said
Lands
and
Tenements
did
commit
wast
and
destruction
to
the
disheritance
of
them
in
the
reuersion
.
For
the
restraint
and
punishment
of
which
said
offence
,
being
both
an
oppression
,
and
also
a
fraud
and
deceit
,
St.
11.
H.
6.
5
Fit
.
N.B.
59
by
a
Statute
made
Anno
11.
H.
6.
it
was
ordayned
,
That
they
in
the
reuersion
in
such
case
may
haue
and
maintaine
a
writ
of
Wast
against
the
said
Tenants
for
terme
of
life
,
anothers
life
,
A
termor
alieneth
his
estate
,
occupieth
the
land
,
&
committeth
wast
.
or
for
yeares
,
and
so
recouer
against
them
the
place
wasted
,
and
their
treble
dammages
,
for
the
wast
so
by
them
done
,
as
they
ought
to
haue
done
for
the
wast
done
by
them
,
before
the
said
Graunt
and
Lease
of
their
estate
.
Prouided
,
That
this
Ordinance
shall
not
hold
place
,
but
where
the
first
Tenants
,
before
the
Graunt
and
Lease
of
their
estates
in
the
manner
and
forme
abouesaid
,
were
punishable
of
wast
:
and
also
,
where
after
the
said
Graunt
and
Lease
the
said
first
Tenants
of
the
said
Landes
and
Tenements
do
take
the
profits
at
the
time
of
the
wast
done
to
their
owne
proper
vse
.
And
though
the
wordes
of
the
said
Statute
doe
giue
an
action
of
Wast
in
the
case
aforesaid
but
onely
to
him
in
the
reuersion
,
Co.
li.
5.
77.
yet
he
in
the
remainder
also
(
being
in
the
like
mischiefe
)
shall
or
may
take
the
benefit
thereof
,
and
maintaine
an
action
of
Wast
in
this
case
against
his
particular
Tenant
for
life
,
or
yeares
,
if
eyther
of
them
doe
commit
wast
to
his
disheritance
.
And
whatsoeuer
the
intent
of
the
Grauntor
is
,
in
the
case
aforesaid
,
yet
if
the
Grauntée
doe
assigne
his
Lease
,
take
the
profits
thereof
,
and
commit
Wast
,
he
is
punishable
according
to
the
sayd
Statute
,
for
his
intent
shall
not
be
issuable
,
nam
exitus
acta
probat
,
viz.
the
taking
of
the
profites
doe
sufficiently
expresse
his
intent
:
and
euery
assignée
of
the
first
Tenant
,
mediat
or
immediat
,
is
within
the
compasse
of
this
Statute
:
for
the
Statute
was
made
to
suppresse
Fraud
,
Wast
,
and
Oppression
.
And
so
was
the
Statute
of
Westminster
the
second
,
béeing
made
and
prouided
to
restraine
Wast
and
Oppression
committed
by
one
Tenant
in
common
to
the
preiudice
and
disheritance
of
another
:
by
which
it
was
ordayned
,
St.
13.
E.
1.
22
That
whereas
two
or
more
doe
hold
Wood
,
Wast
committed
by
a
tenant
in
common
.
Turbarie
,
Fishing
,
or
such
like
things
in
common
,
wherein
none
knoweth
his
owne
seuerall
,
and
one
of
them
doth
commit
Wast
against
the
will
of
the
other
,
an
action
of
Wast
may
lye
:
and
when
it
is
come
vnto
iudgement
,
the
defendant
shall
chuse
eyther
to
take
his
part
in
a
place
certaine
,
by
the
assignement
of
the
Shirife
,
and
by
the
view
and
oath
of
his
neighbours
sworne
and
tryed
for
the
same
intent
;
or
els
he
shall
grant
to
take
nothing
from
thenceforth
in
the
same
Wood
,
3.
E.
1.
Wast
25.
50.
Ed.
3.
3.
Turbarie
,
and
such
other
,
but
as
his
parteners
will
take
:
And
if
he
doe
chuse
to
take
his
part
in
a
place
certaine
,
the
place
wasted
shall
be
assigned
for
his
part
,
according
as
it
was
before
he
committed
the
Wast
.
And
because
the
before
rehearsed
statute
of
Marlebridge
doth
expresse
in
generall
termes
,
in
what
thinges
Wast
may
be
committed
,
as
in
Houses
,
Woods
,
and
Men
:
and
the
words
of
the
writ
of
Wast
in
the
Register
be
,
Quare
fecit
vastum
,
venditionem
,
seu
destructionem
de
terris
,
domibus
,
Boscis
,
&
Gardinis
:
and
the
foresaid
Statutes
of
Anno
6.
Edw.
1.
13.
Edw.
1.
and
11.
H.
6.
doe
declare
,
who
are
forbidden
to
doe
that
Wast
:
and
séeing
Wast
in
Lands
,
Houses
,
Woods
,
or
&c.
is
a
great
wrong
and
oppression
to
him
or
them
in
reuersion
or
remainder
of
the
same
,
therefore
I
will
somewhat
particularly
explaine
,
which
the
Law
doth
construe
and
expound
to
be
Wasts
,
prohibited
and
punishable
by
the
foresaid
Statutes
,
or
either
of
them
,
to
the
intent
,
that
both
he
that
hath
the
inheritance
,
and
also
the
particular
Tenant
,
may
know
what
is
due
to
either
of
them
,
in
respect
of
their
seuerall
estates
,
and
what
to
take
,
and
what
to
leaue
.
And
to
begin
with
the
words
of
the
Writ
touching
Wast
in
Land
:
Wast
in
land
.
If
one
person
doe
demise
or
conuey
to
another
for
the
terme
of
yeares
,
life
,
or
&c.
Land
,
22.
H.
6.
18
2.
H.
7.
14
17.
E.
3.
7.
9.
Ed.
4.
35.
Co.
li.
5.
11.
Fit
.
Nat.
Br.
149.
Lib.
in
t
.
6●6
where
there
is
included
in
the
bowels
of
the
earth
Tynne
,
Yron
,
Lead
,
Coale
,
Stone
,
Grauell
,
Morter
,
Sand
,
Chalke
,
or
Marle
,
if
the
Myne
or
Pit
thereof
be
not
open
,
when
the
Lessées
estate
or
terme
doth
begin
,
the
said
Tenant
may
not
open
the
ground
,
make
a
new
Myne
,
and
take
the
same
Coale
,
Stone
,
Grauell
,
or
&c.
for
if
he
doe
,
it
is
Wast
of
the
land
,
and
he
in
the
reuersion
or
remainder
may
punish
him
therefore
by
an
action
of
Wast
:
For
whereas
there
was
assured
to
the
Tenant
but
Vesturam
terrae
,
and
the
annuall
profit
of
the
Land
,
hée
hath
digged
and
carried
away
the
Land
it selfe
,
and
impaired
the
inheritance
thereof
for
euer
.
But
if
there
bée
a
Myne
or
Pit
open
in
any
part
of
the
ground
so
demised
or
assured
,
at
the
time
of
the
Lease
or
assurance
thereof
,
or
at
the
time
when
the
estate
of
the
Tenant
did
begin
,
then
the
Tenant
may
digge
there
,
and
take
and
carry
away
so
much
of
the
Coale
,
Stone
,
Grauell
,
as
shall
be
necessarily
vsed
or
imployed
for
or
towards
the
repaire
or
maintenance
of
the
House
,
Land
,
or
other
commodities
therewith
demised
,
and
it
is
no
Wast
.
But
if
he
do
giue
,
sell
,
41.
E.
3.
Wast
82.
or
otherwise
dispose
the
same
to
any
other
person
,
place
,
or
vse
(
sauing
as
is
aforesaid
)
then
for
so
much
as
he
shall
so
mis-imploy
,
it
is
Wast
.
If
one
person
doe
lease
or
assure
his
Land
to
another
,
and
all
the
Mynes
or
Pits
therein
,
for
yeares
,
life
,
Co.
li.
5.
11.
or
&c.
the
Lessée
may
open
and
digge
the
ground
for
Coale
,
Morter
,
Stone
,
&c.
and
take
and
carry
away
the
same
,
though
there
was
not
any
Myne
open
at
the
time
of
the
Lease
or
estate
made
:
For
by
the
assurance
it
doth
appeare
,
that
the
Lessor
was
contented
that
wast
should
be
made
in
any
part
of
the
ground
leased
,
by
myning
or
digging
:
and
in
this
case
the
Lessée
may
sell
or
otherwise
dispose
the
same
Coale
,
Stone
,
Marle
,
or
&c.
at
his
pleasure
,
17.
Ed.
3.
7
for
it
is
as
much
as
if
the
Lease
or
assurance
had
béene
made
to
the
Tenant
,
without
impeachment
of
any
manner
of
Wast
to
be
committed
by
Mynes
,
Pits
,
or
diggings
.
If
the
Tenant
for
yeares
,
life
,
or
&c.
doe
eyre
,
plough
vp
,
and
conuert
into
Tillage
or
Wood
ground
an
auncient
and
vsuall
m●wen
Meddow
,
it
is
Wast
:
and
so
it
is
,
15.
H.
3.
Wast
131.
46.
Ed.
3.
Wast
91.
if
he
doe
drowne
or
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
●ermor
ought
not
to
take
it
away
,
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
seasonable
wood
,
bée
of
it selfe
no
wast
,
40.
E.
3.
15.
12.
H.
8.
1.
10.
H.
7.
5.
yet
if
Willowes
or
any
of
the
trées
aforesaid
doe
growe
within
the
viewe
or
scite
of
a
Mannor
house
to
defend
the
house
from
tempests
and
stormes
,
or
néere
vnto
the
banke
of
a
Riuer
,
to
defend
the
Banke
,
then
the
felling
of
them
is
wast
:
and
the
tenant
of
the
land
is
punishable
for
the
same
by
an
action
of
Wast
.
If
a
tenant
for
yeares
,
life
,
20.
Ed.
3.
Wast.
32.
9.
H.
6.
66.
11.
H.
6.
1.
22.
H.
6.
12.
4.
H.
3.
Wast.
140.
or
&c.
doe
fell
Oakes
,
Ashes
,
or
Elmes
,
and
after
he
hath
felled
them
,
he
doth
suffer
cattell
to
come
into
the
same
ground
,
which
doe
croppe
and
spoyle
the
sprouts
or
newe
springs
growing
out
of
the
rootes
of
the
same
trees
,
then
this
is
a
newe
,
and
another
Wast
,
and
punishable
by
the
same
Action
of
Wast
that
the
Trees
bée
,
or
by
another
,
in
which
Action
hée
in
the
Reuersion
or
Remainder
shall
recouer
treble
dammages
:
first
for
the
Trees
felled
,
and
also
treble
dammages
for
the
springs
spoiled
,
though
hee
can
but
once
recouer
the
place
wasted
.
If
the
Termor
doe
fell
greene
wood
to
burne
,
20.
E.
3.
Wast.
32.
7.
H.
6.
40.
22.
H.
6.
24.
where
hee
hath
dead
wood
sufficient
,
it
is
Wast
.
But
the
felling
of
dead
wood
which
will
beare
no
leaues
in
Summer
is
no
Wast
;
neither
is
the
pulling
downe
of
a
hedge
Wast
,
or
of
a
Pale
or
Wall
that
is
vncouered
Wast
.
And
the
foresaid
Writ
of
Wast
proceedeth
further
to
punish
wast
in
Gardens
:
Wast
in
gardens
.
Therefore
if
the
Termor
doe
fell
and
destroy
Appletrees
or
Pearetrees
growing
,
dispersed
in
seuerall
places
of
the
ground
demised
vnto
him
,
it
is
no
Wast
;
for
hee
may
fell
them
,
and
take
them
to
burne
as
seasonable
wood
:
10.
H.
7.
5.
21.
H.
6.
46.
But
if
he
fell
a
whole
Garden
or
Orchard
of
Apple-trees
or
Pearetrees
,
or
any
great
number
therein
,
it
is
wast
;
for
the
wordes
of
the
Writ
of
Wast
doe
expresse
so
much
,
which
be
,
Non
liceat
alicui
vastum
,
vendicionem
,
seu
destructionem
facere
in
terris
,
domibus
,
Boscis
,
seu
Gardinis
.
And
if
any
Appletrees
,
or
Pearetrees
be
throwne
downe
by
the
winde
in
an
Orchard
or
Garden
,
44.
E.
3.
44.
and
they
doe
leane
vpon
some
of
their
boughes
,
and
the
spurres
or
rootes
of
them
continuing
fast
in
the
ground
,
doe
so
cherrish
the
trees
that
they
doe
beare
fruit
,
it
is
wast
to
fell
and
carrie
them
away
.
And
to
make
an
end
of
this
Braunch
with
the
wordes
of
the
foresaid
Statute
of
Marlebridge
,
touching
exile
of
men
:
If
the
tenant
for
yeares
,
life
,
or
&c.
of
a
Mannor
doe
so
vexe
the
villeins
regardant
of
the
same
Mannor
by
Distresses
,
Wast
in
men
.
Fines
,
Amerciaments
,
29.
H.
8.
Dyer
37.
Fit
.
N.B.
55
Fitz.
Wast.
2.
113.
118.
130.
131.
or
otherwise
,
that
the
same
villeins
doe
depart
from
their
Tenements
,
this
is
to
the
disheritance
of
him
in
the
Reuersion
or
Remainder
,
and
therefore
punishable
by
an
Action
of
Wast
.
But
if
the
Termor
of
a
Mannor
during
his
estate
doe
enfraunchise
a
villeine
regardant
to
a
Mannor
,
this
is
no
Wast
punishable
by
the
Lawe
;
2.
H
6.
11.
for
after
the
particular
estate
ended
,
he
in
the
Reuersion
or
Remainder
may
seize
the
same
villeine
againe
cum
tota
sequela
sua
.
If
the
tenant
for
yeares
,
life
,
or
&c.
of
a
Manor
or
other
land
,
wherein
there
bée
cottages
,
or
small
Tenements
,
doe
demise
the
same
Cottages
,
or
&c.
to
seuerall
Tenants
,
and
they
doe
die
of
the
Plague
,
and
the
same
Leassée
can
get
none
other
tenants
to
inhabit
the
same
Cottages
or
&c.
whereby
they
doe
decay
,
and
fall
downe
,
44.
E.
3.
21.
Fitz.
Wast.
104.
105.
the
Leassée
is
not
punishable
therefore
by
an
Action
of
Wast
;
for
that
the
wast
which
ensued
by
the
death
of
those
Cotiées
or
inferiour
tenants
came
by
the
visitation
and
hand
of
God
,
and
not
by
any
default
of
the
Termor
,
and
therefore
the
said
Termor
doing
his
endeauour
to
reforme
the
defect
,
and
to
prouide
other
tenants
,
and
béeing
not
able
to
performe
it
,
could
not
redresse
the
same
.
10
When
one
person
doth
bargain
,
couenant
,
or
conclude
with
another
for
any
paiment
,
matter
,
cause
,
or
thing
to
be
performed
,
&
is
once
fully
satisfied
therof
by
money
,
wares
,
or
other
means
,
according
to
the
true
intent
of
the
same
agréem̄t
:
if
the
same
partie
doe
after
sue
or
attempt
by
course
of
Law
to
obtaine
a
new
,
or
other
satisfaction
for
the
same
contract
;
this
a
plaine
and
manifest
wrong
and
oppression
,
for
the
said
partie
doth
in
a
sort
endeauour
to
bee
twice
satisfied
for
one
debt
or
dutie
.
And
likewise
,
it
is
an
oppression
and
wrong
,
if
one
person
doe
endeauour
to
lay
a
burden
or
charge
vpon
others
,
which
the
Lawe
of
the
Realme
will
not
impose
vpon
them
,
or
which
himselfe
alone
,
or
himselfe
with
others
ought
to
sustaine
:
or
when
one
person
shall
imprison
or
restraine
another
of
his
libertie
,
who
by
law
ought
to
bée
free
.
As
if
one
person
bée
bound
to
another
by
Statute
marchant
,
or
Statute
Staple
for
the
paiment
of
a
summe
of
money
,
whereof
there
is
a
defeasaunce
that
if
the
Conusor
doe
pay
to
the
Conusée
a
lesse
summe
of
money
at
a
day
prefixed
,
46.
Ed.
3.
4.
47.
Ed.
3.
26.
20.
E
3.
Fi.
N.B.
105
or
diuers
summes
at
seuerall
daies
,
or
doe
performe
certaine
couenants
or
agreements
in
the
said
defeasaunce
,
or
in
certaine
Indentures
made
betwéene
them
specified
,
and
the
conusor
doth
pay
the
said
summe
or
seuerall
summes
of
money
,
or
doth
performe
all
the
couenants
in
the
said
Indenture
specified
,
according
to
the
purport
of
the
said
defeasaunce
:
and
that
notwithstanding
the
Conusée
doth
sue
execution
of
the
said
Statute
against
the
Conusor
,
this
is
a
manifest
wrong
and
oppression
pretended
to
the
Conusor
:
Wherefore
the
Conusor
for
his
reliefe
may
haue
an
Audita
querela
directed
out
of
the
Chauncerie
to
the
Iustices
of
the
Kings
Bench
,
Oppressions
redressed
by
an
Audita
querela
.
or
Common
Place
,
comprehending
the
whole
matter
,
and
charging
them
to
call
before
them
the
parties
,
Plaintife
and
Defendant
,
and
to
doe
them
iustice
,
according
to
the
Law
and
Custome
of
the
Realme
,
which
is
either
to
graunt
a
Supersedeas
to
stay
the
Execution
,
or
to
set
the
bodie
of
the
Conusor
at
libertie
,
if
hée
be
taken
and
imprisoned
therefore
,
and
to
discharge
his
lands
and
goods
of
execution
,
if
the
suggestion
of
the
plaintife
in
the
said
writ
be
prooued
to
bée
true
.
And
if
the
Conusée
in
the
case
aforesaid
doe
take
away
the
defeasaunce
or
Indenture
from
the
Conusor
,
47.
Ed.
3.
26
Fi.
N.B.
103
and
after
extend
the
same
Statute
against
him
,
this
is
likewise
an
oppression
,
and
to
bée
redressed
by
an
Audita
querela
.
And
in
like
sort
if
the
Conusée
after
the
said
Statute
acknowledged
,
doe
make
a
Release
or
Acquitance
of
the
same
to
the
Conusor
,
and
then
doe
sue
execution
of
the
said
Statute
against
the
same
Conusor
,
47.
E.
3.
3.
45.
E.
3.
17.
3.
H.
4.
12.
31.
E.
3.
or
any
feoffée
of
any
part
of
his
land
,
this
is
a
great
iniurie
and
oppression
,
and
therefore
in
this
case
the
said
Conusor
or
his
feoffée
is
to
bée
relieued
by
an
Audita
querela
.
If
a
statute
be
made
&
acknowledged
by
one
person
to
another
,
and
then
committed
in
ouell
maine
to
a
straunger
to
bée
deliuered
to
the
Conusée
vpon
certaine
conditions
performed
,
12.
H.
4.
13.
43.
E.
3.
17.
and
after
the
same
stranger
doe
deliuer
the
said
Statute
to
the
Conusée
before
the
conditions
performed
,
whereupon
he
doth
sue
execution
thereof
against
the
Conusor
,
this
is
a
great
wrong
and
oppression
of
the
Conusor
,
and
therefore
hée
may
haue
an
Audita
querela
vpon
this
matter
in
fact
,
stay
the
the
exeeution
,
and
thereby
redresse
this
iniury
.
If
one
person
be
bound
to
another
by
Statute
or
Recognisance
for
the
paiment
of
a
summe
of
money
,
45.
E.
3.
17.
47.
E.
3.
3.
9.
H.
4.
5.
13.
H.
7.
22.
16.
El.
Dyer
332.
and
after
the
Conusor
doth
make
seuerall
feoffements
of
seuerall
parcels
of
his
land
to
diuers
persons
,
and
then
the
Statute
or
Recognisance
is
forfeited
,
and
the
Conusée
doth
sue
execution
thereof
against
one
of
those
feoffees
onely
,
this
is
a
wrong
and
oppression
of
him
,
for
that
al
the
land
of
the
conusor
which
he
had
at
the
time
of
the
said
stat.
or
recognisance
acknowledged
,
or
at
any
time
after
,
ought
to
be
charged
and
extended
for
the
paiment
of
this
debt
,
to
the
intent
the
money
might
be
the
sooner
paid
,
and
the
execution
more
spéedily
discharged
:
And
therefore
the
same
feoffée
,
whose
land
is
so
extended
may
haue
an
Audita
querela
,
or
a
Scire
facias
,
as
the
case
requireth
,
to
defeat
the
execution
against
him
,
Co.
li.
3.
14.
23.
Ed.
3.
Execution
127.
(
and
thereby
hee
shal
be
restored
to
all
the
meane
profits
)
and
to
compell
the
conusée
to
sue
execution
of
all
the
land
which
was
the
conusors
at
the
time
of
the
said
Statute
or
Recognisance
acknowledged
,
or
at
any
time
after
;
and
so
the
land
of
euery
terre-tenant
shall
bee
equally
charged
,
and
each
person
contributorie
to
the
same
extent
,
in
respect
of
his
land
.
If
the
conusor
after
a
Statute
or
Recognisance
acknowledged
doe
make
many
feoffements
of
seuerall
parcels
of
his
land
to
diuers
persons
,
and
then
all
,
or
any
of
those
feoffées
lands
bee
extended
by
force
of
the
same
Statute
&c.
the
partie
or
parties
grieued
by
the
same
extent
,
9.
H.
4.
5.
may
procure
an
Audita
querela
to
cause
the
lands
of
the
conusor
to
bée
likewise
extended
:
for
hée
or
they
be
wronged
and
oppressed
by
the
said
conusors
former
Act
and
meanes
.
But
on
the
other
side
,
if
the
land
remaining
in
the
hands
of
the
conusor
bée
extended
by
the
conusée
,
by
force
of
the
said
Statute
or
Recognisance
,
the
conusor
cannot
maintaine
an
Audita
querela
against
his
seoffées
,
or
any
of
them
,
23.
Ed.
3.
Fitz.
Execution
.
127.
45.
Ed.
3.
22.
to
cause
their
lands
to
be
extended
:
for
hée
is
not
vexed
or
oppressed
by
the
same
extent
by
any
of
their
meanes
,
nor
for
any
of
their
debts
,
but
for
his
owne
debt
,
though
in
the
case
before
rehearsed
they
bee
troubled
and
oppressed
for
his
debt
:
for
when
any
person
doth
become
bound
by
Statute
or
Recognisance
to
another
,
and
after
alieneth
his
land
,
or
any
part
thereof
to
a
stranger
,
the
body
of
the
conusor
remaineth
debtor
to
the
conusee
in
respect
of
his
acknowledgement
and
confession
of
the
same
,
made
of
record
before
a
competent
Iudge
or
officer
thereunto
lawfully
assigned
,
and
the
debt
is
his
,
and
the
burden
thereof
is
his
,
and
the
land
is
onely
chargeable
in
respect
that
it
was
in
his
hands
at
the
time
of
the
Statute
or
Recognisance
acknowledged
,
or
after
,
and
so
the
conusors
person
,
and
the
land
in
his
hands
is
onely
chargeable
in
that
case
.
As
in
like
case
,
if
a
man
doe
become
bound
by
Statute
or
Recognisance
to
another
,
and
after
the
conusée
doth
purchase
parcell
of
the
land
of
the
conusor
,
11.
H.
7.
4.
13.
H.
7.
22
:
45.
Ed.
3.
22
2.
El.
Dyer
193.
Plo.
Com.
72.
and
then
the
Statute
is
forfeited
,
the
conusée
may
extend
the
Statute
,
take
and
imprison
the
bodie
of
the
conusor
,
and
haue
the
residue
of
his
land
deliuered
to
him
in
execution
,
and
the
conusor
shall
haue
no
remedie
by
Audita
querela
against
the
conusée
,
for
that
the
conusor
is
not
wronged
or
oppressed
by
this
extent
,
seeing
hée
himselfe
is
the
onely
debtor
of
the
conusée
,
and
his
body
,
lands
,
and
goods
,
are
liable
to
the
payment
of
this
debt
,
and
not
the
lands
in
the
hands
of
the
conusee
.
And
so
it
is
if
a
man
bée
bound
by
Statute
or
Recognisance
to
another
,
and
after
the
conusée
doe
purchasse
parcell
of
the
land
of
the
conusor
,
and
a
stranger
purchaseth
another
parcell
of
land
of
him
,
and
then
the
Statute
is
forfeited
,
and
the
conusée
doth
sue
execution
of
the
land
of
that
stranger
the
other
purchaser
:
that
is
a
wrong
and
oppression
,
and
therefore
the
said
straunger
may
sue
an
Audita
querela
against
the
said
conusée
,
11.
H.
7.
4.
13.
H.
7.
22.
Fitz.
N.B.
105.
and
thereby
discharge
his
land
of
execution
:
for
that
the
said
conusée
hath
discharged
this
land
by
his
own
Act
,
viz.
by
purchasing
of
parcell
of
the
land
charged
:
for
by
the
Statute
or
Recognisance
acknowledged
,
the
whole
land
was
charged
,
and
by
purchasing
of
parcell
by
the
conusée
,
hée
hath
discharged
the
whole
,
sauing
that
which
remaineth
in
the
hands
of
the
Conusor
.
If
an
Infant
within
the
age
of
one
and
twentie
yeares
be
bound
by
Statute
or
Recognisance
,
and
the
Conusor
will
extend
the
same
,
the
Infant
may
pursue
an
Audita
querela
to
auoid
the
same
,
either
during
his
minoritie
,
if
by
inspection
the
Court
shall
adiudge
him
within
age
,
6.
Ed.
3.
39.
23.
Ed.
3.
Au.
qu.
26.
Fi.
N.B.
104
or
after
he
shall
accomplish
his
full
age
:
for
it
was
a
wrong
and
oppression
practised
by
the
Conusée
to
abuse
the
tender
age
of
the
Infant
,
and
to
vrge
a
Statute
of
him
before
the
Law
did
enable
him
to
acknowledge
it
.
And
the
like
Law
is
,
if
one
person
will
acknowledge
to
another
a
Statute
by
Dures
of
imprisonment
,
and
then
the
Conusée
doe
sue
execution
of
the
same
,
the
Conusor
may
prosecute
an
Audita
querela
and
auoyd
the
Statute
:
for
in
this
case
the
Conusée
hath
done
to
the
Conusor
a
double
wrong
and
oppression
:
viz.
first
,
to
imprison
him
,
and
thereby
to
exact
act
a
Statute
of
him
,
and
then
contrarie
to
the
warrant
of
Law
to
extend
the
same
against
him
.
And
as
in
the
cases
aforesaid
,
so
likewise
in
all
other
cases
where
any
person
hath
iust
and
lawfull
cause
to
seeke
and
haue
reliefe
by
an
Audita
querela
,
Fi.
N.B.
104
20.
Ed.
3.
Au.
qu.
27.
in
the
same
cases
either
he
is
,
or
is
offered
to
bée
oppressed
and
wronged
:
And
in
all
the
same
cases
the
oppressor
endeauoureth
to
make
the
Lawe
his
colour
and
instrument
to
abuse
him
.
11
Forestallers
,
Ingrossers
,
and
Regrators
deserue
to
bée
reckoned
amongest
the
number
of
Oppressors
of
the
common
good
,
and
publike
wealth
of
the
Realme
,
for
they
doe
endeauour
to
inrich
themselues
by
the
impouerishment
of
others
,
and
respect
not
how
many
doe
lose
,
so
they
may
gaine
.
They
haue
beene
exclaimed
vpon
,
and
condemned
in
Parliament
from
one
generation
to
another
,
as
appeareth
by
the
Statutes
of
Anno
51.
H.
3.
Anno
34.
Ed.
1.
Anno
25.
Ed.
3.
Anno
27.
Ed.
3.
Anno
28.
Ed.
3.
Anno
31.
Ed.
3.
Anno
42.
Ed.
3.
Anno
2.
R.
2.
Anno
6.
R.
2.
Anno
14.
R.
2.
Anno
25.
H.
8.
Anno
5.
Ed.
6.
&
Anno
5.
El.
but
amongst
the
others
specially
forestallers
,
St.
34.
Ed.
1.
for
by
the
foresaid
Statute
of
Anno
34.
Ed.
1.
it
was
ordained
,
That
no
forestaller
shall
be
suffered
to
dwell
in
any
towne
:
for
hée
is
a
manifest
oppressor
of
the
poore
,
and
a
decayer
of
the
rich
,
a
publike
enemy
of
the
countrey
,
a
Canker
,
a
Moth
,
and
a
gnawing
worme
that
daiely
wasteth
the
common
wealth
:
And
the
acte
and
name
of
a
Forestaller
was
so
odious
in
that
time
,
that
it
was
mooued
in
Parliament
to
haue
had
it
established
by
Law
,
That
a
Forestaller
should
bée
baited
out
of
the
town
where
he
dwelt
by
dogges
,
and
whipped
forth
with
whippes
.
But
because
in
time
it
grewe
in
question
who
was
to
be
accounted
a
Forestaller
,
Oppression
by
forestallers
ingrossers
,
regrators
.
who
an
Ingrosser
,
and
who
a
Regrator
,
and
what
punishment
former
lawes
had
inflicted
vpon
them
;
therefore
to
the
intent
that
they
and
their
offences
might
more
certainely
be
laid
open
to
the
knowledge
of
the
whole
Realme
,
and
condigne
punishment
prouided
for
them
,
St.
5
and
6.
Ed.
6.
14.
by
a
Statute
made
Anno
5.
&
6.
E.
6.
it
was
established
,
Who
is
a
forestaller
.
That
whatsoeuer
person
or
persons
shall
buy
or
cause
to
be
bought
any
marchandise
,
victuall
,
or
other
thing
comming
by
land
,
or
water
towards
any
faire
,
or
market
,
to
be
sold
in
the
same
,
or
comming
toward
any
city
,
port
,
hauen
,
créeke
,
or
rode
of
this
realm
,
or
Wales
,
from
any
part
beyond
the
sea
to
be
sold
:
or
make
any
bargain
,
contract
,
or
promise
for
the
hauing
or
buying
of
the
same
,
or
any
part
thereof
so
comming
as
aforesaid
,
before
the
same
marchandise
,
victuals
,
or
other
things
shall
be
in
the
market
,
faire
,
citie
,
port
,
Hauen
,
Créeke
,
or
Rode
,
readie
to
be
sold
:
Or
shall
make
any
motion
by
word
,
letter
,
message
,
or
otherwise
,
to
any
person
or
persons
for
the
inhaunsing
of
the
price
,
or
déere
selling
of
any
of
the
things
aboue
mentioned
:
Or
else
disswade
,
mooue
,
or
stirre
any
person
comming
to
the
Market
or
Faire
,
to
forbeare
to
bring
any
of
the
things
aboue
mentioned
to
any
Faire
or
market
,
citie
,
port
,
&c.
to
be
sold
as
aforesaid
,
shal
be
adiudged
a
forestaller
.
But
by
the
statute
of
ann
13.
El.
it
is
ordained
,
That
the
said
Statute
of
ann
5.
&
6.
Ed.
6.
St.
13.
El.
25.
shall
not
extend
to
any
wines
,
oyles
,
sugars
,
spices
,
currans
,
or
other
forraine
victuals
,
brought
from
beyond
the
sea
(
fish
and
salt
onely
except
.
)
Whatsoeuer
person
or
persons
shall
by
any
meanes
regrate
,
obtaine
,
St.
5.
and
6.
Ed.
6.
14.
or
get
into
his
or
their
hands
,
Who
is
a
regrator
.
or
possession
,
in
any
faire
or
market
,
any
corne
,
wine
,
fish
,
butter
,
chéese
,
candles
,
tallow
,
shéepe
,
lambes
,
calues
,
swine
,
pigges
,
géese
,
capons
,
hennes
,
chickins
,
pigeons
,
conies
,
or
other
dead
victuall
whatsoeuer
,
that
shal
be
brought
to
any
faire
or
market
within
this
realme
,
or
Wales
,
to
be
sold
,
and
doe
sell
the
same
againe
in
any
faire
or
market
holden
or
kept
in
the
same
place
,
or
in
any
other
faire
or
market
within
iiij
.
miles
thereof
,
shal
be
reputed
and
taken
for
a
regrator
,
or
regrators
.
Whatsoeuer
person
or
persons
that
shall
ingrosse
,
St.
5.
and
6.
Ed.
6.
14.
or
get
into
his
or
their
hands
by
buying
,
Who
is
an
ingrosser
.
contracting
,
or
promise
taking
,
(
other
than
by
demise
,
grant
,
or
lease
of
land
or
tythe
)
any
corne
growing
in
the
fields
,
or
any
other
corne
or
graine
,
butter
,
chéese
,
fish
,
or
other
dead
victuals
whatsoeuer
,
within
the
realm
of
England
,
to
the
intent
to
sell
the
same
againe
,
shal
be
reputed
and
taken
an
vnlawfull
engrosser
or
engrossers
.
If
any
person
or
persons
shall
offend
in
any
of
the
things
before
recited
,
St.
5.
and
6.
Ed.
6.
14.
and
being
thereof
duely
conuicted
or
attainted
by
the
lawes
of
this
realme
,
The
punishment
of
forestallers
,
regrators
,
and
ingrossers
.
or
after
the
forme
hereafter
mentioned
,
he
or
they
shall
for
his
or
their
first
offence
,
haue
or
suffer
imprisonment
by
the
space
of
two
moneths
without
baile
or
mainprise
,
and
shall
also
lose
and
forfeit
the
value
of
the
goods
,
cattels
,
and
victuall
,
so
by
him
or
them
bought
or
had
.
And
if
any
person
lawfully
conuicted
or
attainted
,
of
or
for
any
the
offences
abouesaid
,
be
thereof
eftsoones
lawfully
conuicted
or
attainted
,
then
euery
person
or
persons
so
offending
,
shall
haue
&
suffer
for
his
said
second
offence
,
imprisonment
by
the
space
of
one
halfe
yeare
,
without
baile
or
maineprise
,
and
shall
lose
the
double
value
of
all
the
goods
,
cattels
,
and
victuall
,
so
by
him
bought
or
had
as
is
aforesaid
.
And
if
any
person
being
lawfully
twice
conuicted
or
attainted
,
of
or
for
any
of
the
said
offences
,
shal
eftsoones
offend
the
third
time
,
and
be
thereof
lawfully
conuicted
or
attainted
,
then
euery
such
person
for
the
third
offence
,
shal
be
set
on
the
pillorie
in
the
city
,
towne
,
or
place
where
he
shall
then
dwell
,
and
inhabit
,
and
lose
and
forfeit
all
the
goods
and
cattel
,
that
he
or
they
haue
to
their
owne
vse
,
and
also
be
committed
to
prison
,
there
to
remaine
during
the
kings
pleasure
.
Prouided
alwaies
,
that
the
buying
of
any
such
barley
,
bigge
,
or
oates
,
St.
5.
and
6.
Ed.
6.
14.
as
any
person
or
persons
(
not
forestalling
)
shall
conuert
into
mault
,
Cases
wherein
regrating
or
ingrossing
be
tollerable
.
or
oatmeale
,
in
his
or
their
owne
house
or
houses
,
or
shall
so
be
conuerted
indeed
:
or
the
buying
of
any
such
thing
,
by
any
such
Fishmonger
,
Butcher
,
or
Poulter
,
as
concerne
his
or
their
owne
facultie
,
craft
,
or
mystery
(
otherwise
than
by
forestalling
)
which
shall
sell
the
same
againe
vpon
reasonable
prices
by
retaile
:
or
the
taking
of
any
cattell
,
corne
,
graine
,
butter
,
chéese
,
or
any
other
thing
aboue
mentioned
,
reserued
(
without
fraud
or
couin
)
vpon
any
lease
for
terme
of
life
or
liues
,
yeare
,
or
yeares
,
heretofore
made
,
or
hereafter
to
be
made
:
or
the
buying
of
any
wine
or
other
dead
victuall
aboue
mentioned
,
being
apt
and
méete
for
mans
sustenance
by
any
Inholder
or
other
victualler
,
to
sell
the
same
by
retaile
within
his
house
,
or
to
any
of
his
neighbours
for
their
sustenance
,
for
reasonable
prices
:
or
the
buying
of
anie
dried
or
salted
fish
,
herring
,
or
sprats
(
not
forestalled
)
and
solde
for
reasonable
prices
:
or
the
buying
of
any
corne
,
fish
,
butter
,
or
chéese
,
by
any
such
Badger
,
lader
,
kidder
,
or
carier
as
shall
be
assigned
,
and
allowed
to
that
office
,
or
doing
by
thrée
Iustices
of
Peace
of
the
Countie
where
the
said
badger
,
lader
,
kidder
,
or
carier
shall
dwell
,
which
shall
sell
and
deliuer
in
open
faire
or
market
,
or
to
any
other
victualler
,
or
to
any
other
person
or
persons
for
the
prouision
of
his
or
their
house
or
houses
,
all
such
corne
,
graine
,
butter
,
and
chéese
,
as
any
such
person
shall
buy
or
cause
to
be
bought
(
and
that
within
one
moneth
next
after
he
shall
so
buy
any
such
corne
,
graine
,
butter
or
chéese
)
so
that
the
same
shall
be
bought
without
forestalling
:
or
else
that
any
such
common
prouision
made
,
or
héereafter
to
be
made
without
fraud
or
couin
,
by
any
person
or
persons
,
of
any
of
the
things
abouesaid
,
for
any
citie
,
borough
or
towne
corporat
,
or
for
the
prouision
or
victualling
of
any
ship
,
castle
,
or
fort
within
the
kings
dominions
without
forestalling
,
which
shall
be
imployed
onely
to
that
vse
and
purpose
:
or
the
buying
and
prouision
of
any
of
the
victualls
aboue
mentioned
,
necessary
for
the
furniture
and
prouision
of
the
inhabitants
,
or
of
the
towne
of
Barwicke
,
Holy
Island
,
or
the
Marches
of
England
against
Scotland
,
which
without
fraud
or
couin
shall
be
transported
and
conueied
,
as
soone
as
winde
and
weather
may
serue
to
such
of
the
places
aforesaid
,
for
the
which
the
same
shall
be
so
prouided
,
shall
not
be
in
any
wise
deemed
,
adiudged
or
taken
any
offence
contrarie
to
this
Act.
If
any
person
or
persons
hauing
sufficient
corne
and
graine
for
the
prouision
of
his
or
their
owne
house
or
houses
,
St.
5.
&
6.
Ed.
6.
14.
and
sowing
of
their
grounds
for
one
yeare
,
doe
buy
any
corne
in
any
faire
or
market
,
Buying
of
corne
for
the
change
of
seede
.
for
the
change
of
his
or
their
séede
,
and
do
not
bring
to
the
same
faire
or
market
the
same
day
so
much
corne
as
he
shall
fortune
to
buy
for
his
seede
,
and
sell
the
same
if
he
can
,
as
the
price
of
corne
then
goeth
in
the
said
market
or
faire
:
then
euery
such
person
or
persons
so
buying
corne
for
séede
,
shall
forfeit
and
loose
the
double
valew
of
the
corne
so
bought
.
If
any
person
or
persons
shal
buy
any
manner
of
oxen
,
ronts
,
stieres
,
kine
,
heifers
,
St.
5.
&
6.
Ed.
6.
14.
calues
,
shéepe
,
lambs
,
goats
,
or
kids
liuing
,
Buying
and
selling
of
cattell
aliue
.
and
sell
the
same
againe
aliue
,
vnlesse
he
or
they
do
kéepe
and
féede
the
same
by
the
space
of
fiue
wéeks
,
in
his
or
their
owne
houses
,
ground
,
farme
ground
,
or
else
in
such
ground
or
grounds
where
he
or
they
haue
the
herbage
or
common
of
pasture
,
by
graunt
or
prescription
,
then
euery
person
and
persons
so
buying
and
selling
againe
shall
loose
the
double
valew
of
the
cattell
,
or
things
so
bought
and
sold
againe
.
The
moitie
of
all
which
forfeitures
afore
rehearsed
shall
be
to
the
King
,
and
the
other
moitie
to
him
or
them
that
will
sue
in
any
of
the
Kings
Courts
of
Record
by
B.P.A.
or
I.
&c.
in
the
which
no
W.E.P.
&c.
The
Iustices
of
peace
in
euery
County
within
this
Realme
or
Wales
,
at
their
quarter
Sessions
,
St.
5.
&
6.
Ed.
6.
14.
shall
haue
full
power
and
authoritie
by
vertue
of
this
Act
,
to
inquire
,
heare
,
and
determine
all
and
euery
the
defaults
and
offences
,
The
authoritie
of
Iustices
of
peace
.
committed
or
done
contrary
to
this
Act
within
the
County
where
any
such
Sessions
shall
be
kept
,
by
Inquisition
,
presentment
,
bill
,
or
information
before
them
exhibited
,
by
examination
of
two
lawfull
witnesses
,
or
by
any
of
the
same
waies
or
meanes
,
by
the
discretion
of
the
said
Iustices
,
and
to
make
processe
thereupon
,
as
though
they
were
indicted
before
them
by
Inquisition
,
or
by
verdict
of
twelue
men
,
or
more
,
and
vpon
the
conuiction
of
the
offendor
,
by
information
or
sute
of
any
other
than
the
King
,
to
make
extracts
of
the
one
moity
of
the
forfeitures
to
be
leuied
to
the
Kings
vse
,
as
they
vse
to
doe
of
other
fines
,
issues
,
and
amerciaments
growen
in
the
Sessions
of
peace
,
and
to
award
execution
of
the
other
moity
for
the
complainant
or
informer
against
the
offendor
by
Fieri
facias
,
or
Capias
,
as
the
Kings
Iustices
at
Westminster
may
doe
,
and
vse
to
doe
.
And
if
any
such
conuiction
or
attainder
,
shall
héereafter
happen
to
be
at
the
Kings
sute
onely
,
then
the
whole
forfeitures
to
be
extracted
,
and
leuied
to
the
Kings
vse
onely
.
Whatsoeuer
person
shall
at
anie
time
heereafter
be
punished
by
vertue
of
this
Act
,
But
once
punished
for
one
offence
.
for
any
thing
mentioned
in
this
Act
,
then
the
same
person
shall
not
otherwise
be
vexed
,
troubled
,
sued
,
or
put
to
any
paine
or
punishment
for
that
one
thing
,
wherefore
hée
or
they
shall
haue
béene
so
punished
.
Prouided
alwaies
,
St.
5.
&
6.
E.
6.
14.
that
it
shal
be
lawfull
to
euery
person
or
persons
which
shal
be
assigned
and
allowed
by
thrée
Iustices
of
the
peace
of
the
county
where
he
shall
dwell
,
Transporting
allowed
by
Iustices
of
peace
.
thereunto
,
to
buy
(
otherwise
than
by
forestalling
)
corne
,
graine
,
or
cattell
,
to
be
transported
or
carried
by
water
from
any
port
,
or
place
within
the
said
Realme
,
or
Wales
,
vnto
any
other
port
,
or
place
within
the
saide
Realme
,
or
Dominions
,
if
he
or
they
shall
without
fraud
or
couin
,
shippe
or
imbarke
the
same
within
fortie
dayes
next
after
he
or
they
shall
haue
bought
the
same
,
or
taken
couenant
,
or
promise
for
the
buying
thereof
,
and
with
such
expedition
and
diligence
as
winde
and
weather
shall
serue
to
carrie
and
transport
the
same
to
such
port
or
place
,
as
his
or
their
cockets
shall
declare
,
and
there
doe
dis-barke
,
vnlade
,
and
sell
the
same
,
and
doe
bring
a
true
certificat
thereof
,
from
one
Iustice
of
peace
of
the
County
,
or
maior
,
or
bailife
of
the
towne
corporat
where
the
same
shall
be
vnladen
,
and
also
of
the
Customer
of
the
port
where
such
vnlading
shal
be
,
of
the
place
,
and
day
,
where
the
saide
corne
or
cattell
shall
be
disbarked
,
vnladen
,
and
solde
to
be
directed
vnto
the
Customer
and
Comptroller
of
the
port
where
the
same
was
imbarked
.
At
all
times
when
wheate
shall
be
commonly
at
the
price
of
sixe
shillings
eight
pence
the
quarter
,
When
corne
may
be
ingrossed
.
or
vnder
,
St.
5.
&
6.
E.
6.
14.
mault
and
barley
at
thrée
shillings
foure
pence
the
quarter
,
or
vnder
,
otes
,
or
otes
maulted
,
at
the
price
of
two
shillings
the
quarter
,
pease
or
beanes
at
the
price
of
foure
shillings
the
quarter
,
or
vnder
,
and
rie
or
mescelin
at
the
price
of
fiue
shillings
the
quarter
,
or
vnder
,
(
all
which
quarters
shall
be
intended
to
be
of
London
measure
)
then
it
shall
be
lawfull
to
euery
person
and
persons
(
not
forestalling
)
to
buy
,
ingrosse
,
and
keepe
in
his
or
their
grainers
,
or
houses
such
corne
of
the
kindes
aforesaide
,
as
without
fraud
or
couin
shal
be
bought
,
at
,
or
vnder
the
prices
before
expressed
,
any
thing
in
this
Act
to
the
contrary
notwithstanding
.
Prouided
alwaies
,
that
this
Act
,
Within
what
time
the
sute
shal
be
commenced
.
or
any
thing
therein
contained
,
extend
not
to
charge
any
person
or
persons
for
any
the
offences
aboue
mentioned
,
vnlesse
he
or
they
be
sued
for
the
same
within
two
yeares
next
after
such
offence
done
or
committed
.
5.
&
6.
Ed.
6.
14.
Prouided
alwayes
,
that
it
shall
be
lawfull
to
euery
of
the
kings
subiects
,
now
dwelling
&
inhabiting
,
Buying
and
selling
of
fish
neere
the
sea
.
or
that
héereafter
shal
dwel
and
inhabite
within
one
mile
of
the
maine
Sea
to
buy
all
manner
of
fish
fresh
and
salted
(
not
forestalling
the
same
)
&
to
sel
the
same
againe
at
reasonable
prices
,
this
Act
,
or
any
thing
therein
contained
to
the
contrarie
in
any
wise
notwithstanding
.
Prouided
also
,
Drouers
licenced
may
buy
and
sell
cattle
.
that
it
shall
be
lawfull
to
all
and
euery
person
and
persons
knowne
to
be
a
common
Drouer
or
Drouers
being
licenced
,
or
authorized
,
and
allowed
in
writing
by
thrée
Iustices
of
peace
,
whereof
one
to
be
of
the
Quorum
of
the
Countie
or
Counties
where
the
same
Drouer
or
Drouers
shall
be
most
abiding
and
dwelling
,
to
buy
cattell
in
such
Shires
and
Counties
where
Drouers
haue
béene
wont
in
times
past
accustomably
to
buy
cattell
,
at
their
frée
liberties
and
pleasures
,
and
to
sell
the
same
as
is
aforesaid
at
reasonable
prices
,
in
common
faires
and
markets
distant
from
the
place
or
places
,
where
he
or
they
shall
buy
the
same
,
fortie
miles
at
the
least
,
so
that
the
same
cattell
be
not
bought
by
the
way
of
forestalling
.
Prouided
alwaies
,
that
such
licence
of
the
Iustices
of
the
Peace
shall
not
endure
aboue
one
yeare
,
The
continuance
of
a
licence
.
vnlesse
the
same
be
yearely
renewed
by
so
many
Iustices
as
is
aforesaid
.
St.
5.
El.
12.
12
Because
since
the
making
of
the
foresaid
Statute
of
Ann
5.
&
6.
Ed.
6.
diuers
persons
by
their
owne
sute
,
were
licenced
to
become
drouers
of
cattel
,
badgers
,
laders
,
kidders
,
cariers
,
buiers
,
or
transporters
of
corne
,
graine
,
butter
and
chéese
,
thereby
to
liue
easily
,
and
to
leaue
their
honest
labour
in
husbandry
,
or
manuall
occupations
,
and
also
to
inhaunce
the
prices
of
corne
,
graine
,
and
other
victualls
;
Oppression
by
badgers
,
kidders
,
laders
,
cariers
.
by
which
meanes
they
oppressed
the
common-wealth
,
only
to
procure
vnto
themselues
both
wealth
,
and
ease
:
for
the
redresse
whereof
by
a
Statute
made
Anno
5.
Eliz.
it
was
enacted
,
That
if
anie
licence
shall
be
made
to
any
badger
,
lader
,
kidder
,
or
carier
of
corne
,
drouer
of
cattell
,
buyer
or
transporter
of
corne
and
graine
,
butter
or
chéese
,
otherwise
than
in
the
generall
and
open
Quarter
Sessions
of
the
peace
holden
in
the
shire
where
the
partie
admitted
doth
,
Obseruations
necessarie
in
all
licences
and
by
the
space
of
thrée
yeares
before
the
Teste
of
his
Licence
hath
dwelled
:
Or
other
than
to
such
person
as
is
or
hath
béene
married
,
is
a
housholder
,
no
houshold
seruant
or
retainer
,
&
thirtie
yéeres
of
age
at
the
least
:
Or
to
haue
continuance
for
more
than
one
yéere
:
or
which
beareth
not
date
the
day
and
place
where
the
Sessions
be
holden
:
Or
is
not
signed
and
sealed
with
the
handes
and
seales
of
thrée
Iustices
of
peace
being
present
at
the
same
Sessions
at
the
least
,
whereof
one
to
be
of
the
Quorum
,
the
same
Licence
shall
be
voide
:
And
the
party
which
taketh
the
same
,
shall
forfeit
fiue
pounds
.
And
no
person
shall
vpon
the
paine
of
the
forfeiture
of
fiue
pounds
by
the
authoritie
of
such
Licence
buy
any
corne
out
of
open
faire
or
market
,
to
sell
the
same
againe
,
except
he
be
thereunto
specially
licenced
by
expresse
words
in
his
licence
.
The
moitie
of
which
forfeitures
shall
be
to
the
Q.
her
heires
and
successors
,
and
the
other
moitie
to
him
or
them
that
will
sue
for
the
same
in
any
of
the
Q.
Courts
of
Record
by
B.P.A.
or
I.
wherein
no
W.E.P.
&c.
But
this
Act
shall
not
extend
to
preiudice
the
liberties
of
any
citie
,
or
towne
corporat
,
but
euery
of
them
,
may
lawfully
assigne
and
licence
Purueiors
for
the
prouision
of
the
same
citie
,
or
towne
,
as
they
might
haue
done
before
.
Neither
shall
this
Act
be
preiudiciall
to
the
Inhabitants
within
the
Counties
of
Westmerland
,
Comberland
,
Lancaster
,
Chester
,
Yorke
,
or
any
of
them
,
but
they
may
doe
as
they
haue
vsed
to
doe
:
And
the
Iustices
of
peace
in
euery
Countie
within
this
Realme
,
or
Wales
,
shall
haue
authoritie
to
inquire
,
heare
,
and
determine
all
offences
committed
contrary
to
this
statute
by
inquisition
,
presentment
,
bill
,
or
information
before
them
exhibited
,
and
by
examination
of
two
lawfull
witnesses
,
and
to
make
processe
thereupon
as
though
they
were
indited
by
inquisition
or
verdict
&c.
Oppression
of
Printers
and
Stationers
.
13
Though
by
the
Statute
of
Anno
1.
R.
3.
St.
1.
Ri.
3.
9.
licence
was
giuen
to
aliens
and
strangers
to
bring
books
into
this
Realme
,
and
to
sell
and
retaile
them
at
their
liberties
,
for
that
there
were
then
few
Printers
,
or
skilfull
binders
of
bookes
within
this
Realme
:
But
séeing
since
there
haue
béene
and
are
many
expert
and
cunning
Printers
,
and
skilfull
binders
of
bookes
within
this
Realme
,
who
haue
wholly
addicted
themselues
to
the
saide
trades
,
and
made
it
their
whole
or
chiefe
liuing
:
and
therefore
to
bring
into
this
Realme
anie
printed
bookes
bound
;
or
for
any
stranger
to
bring
bookes
into
this
Realme
,
to
be
by
them
sold
by
retaile
were
a
great
oppression
and
preiudice
to
the
Stationers
,
and
also
the
same
bookes
would
be
so
much
the
dearer
,
and
so
hurtfull
to
others
,
who
should
buy
those
of
them
:
Therefore
by
a
Statute
made
Anno
25.
Oppression
by
Printers
or
Stationers
.
H.
8.
it
was
ordained
,
St.
25.
H.
8.
15.
That
if
any
person
resiant
or
inhabitant
within
this
realme
shal
buy
to
sell
againe
any
printed
bookes
brought
from
any
parts
out
of
the
Kings
obedience
,
ready
bound
in
boords
,
leather
,
or
parchment
,
hée
shall
forfeit
for
euery
booke
bound
out
of
the
Kings
obeisance
,
and
brought
into
this
Realme
,
and
bought
by
any
person
within
the
same
to
sell
againe
,
vj.
s
viij
.
d
to
the
King
,
and
the
party
that
wil
seise
,
or
sue
for
the
same
in
any
of
the
Kings
courts
of
Record
by
B.P.I.
&c.
wherein
no
W.E.P.
&c.
And
if
anie
person
inhabitant
or
resiant
within
this
realme
,
shall
buy
within
this
realme
of
any
stranger
borne
out
of
the
kings
obeisance
(
other
than
of
denizens
)
any
printed
bookes
brought
from
any
parts
beyond
the
sea
(
except
only
in
grosse
,
and
not
by
retaile
)
he
shal
forfeit
for
euery
booke
so
bought
by
retaile
vj.
s
viij
.
d
to
the
King
,
and
the
party
that
wil
seise
or
sue
for
the
same
in
any
of
the
kings
courts
of
Record
,
by
B.P.
or
I.
&c.
wherein
no
W.E.P.
&c.
The
said
forfeitures
to
be
alwaies
leuied
of
the
buyers
of
such
books
contrarie
to
this
statute
.
For
that
it
was
then
thought
expedient
,
that
Printers
and
sellers
of
printed
bookes
,
should
as
well
be
restrained
from
the
oppression
of
others
,
by
making
excessiue
prices
,
in
sale
or
binding
of
their
bookes
,
as
it
was
by
the
said
statute
prouided
that
they
should
not
be
oppressed
by
others
:
Therefore
by
the
before
rehearsed
statute
of
Anno
25.
H.
8.
it
was
further
established
,
St.
25.
H.
8.
15.
That
if
any
Printers
or
sellers
of
printed
bookes
,
inhabiting
within
this
Realme
,
do
at
any
time
in
such
wise
inhance
or
increase
the
prices
of
any
such
printed
books
,
in
sale
,
or
binding
,
at
too
high
and
vnreasonable
prices
,
in
such
wise
as
complaint
thereof
be
made
to
the
King
,
or
vnto
the
Lord
Chancellor
,
Lord
Treasurer
,
or
any
of
the
chiefe
Iustices
of
the
one
Bench
,
or
of
the
other
:
Then
the
same
Lords
,
or
two
of
any
of
them
,
shall
haue
authoritie
to
enquire
thereof
,
as
well
by
the
othes
of
twelue
honest
and
discréete
persons
,
as
otherwise
by
due
examinations
by
their
discretions
:
and
after
the
same
inhauncing
and
increasing
of
the
prices
of
the
said
bookes
and
binding
shal
be
so
found
by
the
said
twelue
men
,
or
otherwise
by
the
examination
of
the
saide
Lord
Chancellor
,
Lord
Treasurer
,
and
Iustices
or
two
of
them
:
Then
the
same
Lords
,
or
two
of
them
at
the
least
,
shall
haue
power
to
redresse
such
inhancing
of
the
prices
of
printed
bookes
from
time
to
time
by
their
discretions
,
and
to
limite
the
prices
as
well
of
the
bookes
,
as
for
the
binding
of
them
.
And
ouer
that
,
the
offender
or
offenders
being
conuict
by
examination
of
the
saide
Lordes
,
or
two
of
them
,
or
otherwise
shall
forfeit
for
euery
booke
by
them
solde
,
whereof
the
price
shall
be
enhaunced
for
the
booke
and
binding
thereof
thrée
shillings
foure
pence
to
the
King
and
party
grieued
,
that
will
complaine
vpon
the
same
in
manner
and
forme
aforesaid
.
St.
5.
Ri.
2.
2.
14
It
appeareth
by
the
preamble
of
the
statute
of
Ann
5.
R.
2.
that
the
carying
of
gold
or
siluer
in
money
,
vessell
,
plate
or
iewells
foorth
of
the
Realme
,
was
then
accounted
a
great
mischiefe
,
oppression
and
destruction
of
this
land
,
which
the
policie
of
this
State
hath
before
,
and
since
,
by
seueral
Statutes
endeuoured
to
restraine
:
As
appeareth
by
the
statutes
of
Ann
9.
Ed
3.
Anno
5.
Oppression
by
transporting
of
gold
and
siluer
.
R.
2.
Anno
2.
H.
4.
Anno
2.
H.
6.
Anno
17.
Ed.
4.
Anno
4.
H.
7.
and
Anno
19.
St.
9.
Ed.
3.
1
St.
5
R.
2.
2
H.
7.
Whereupon
by
the
saide
statute
of
Ann
9.
Ed.
3.
&
Anno
5.
R.
2.
it
was
established
,
That
whosoeuer
doth
send
,
or
carrie
out
of
the
Realme
of
England
,
any
gold
,
or
siluer
in
mony
,
bullion
,
plate
,
or
vessell
,
without
the
Kings
licence
,
St.
2.
H.
4
5.
(
sauing
for
his
reasonable
expences
Anno
2.
H.
4.
)
shall
forfeit
the
valew
of
the
summe
carried
foorth
:
And
he
which
is
vpon
his
passage
in
any
shippe
or
vessell
,
for
to
goe
out
of
any
port
,
hauen
,
or
créeke
,
shall
immediatly
confesse
and
declare
after
warning
vnto
him
giuen
by
the
Kings
searcher
what
gold
or
siluer
in
coine
or
masse
he
hath
with
him
for
his
expences
,
or
else
that
mony
so
concealed
shall
be
also
forfeited
to
the
King
:
But
by
the
statute
of
Anno
2.
St.
2.
H.
6.
6.
H.
6.
Raunsoms
for
fines
of
English
prisoners
taken
beyond
the
Sea
,
and
the
mony
that
souldiers
shall
carrie
with
them
for
their
reasonable
costs
be
excepted
,
so
that
the
same
be
not
done
without
the
Kings
licence
,
And
also
by
the
same
statute
is
excepted
mony
for
things
bought
in
Scotland
to
be
brought
to
the
parts
adioyning
.
And
by
the
saide
Statute
of
Anno
19.
H.
7.
it
was
ordained
,
That
no
person
shall
carry
or
conuey
,
nor
cause
to
be
carried
out
of
this
Realme
,
St.
19.
H.
7.
5
any
bullion
,
plate
,
or
coine
of
golde
or
siluer
into
Ireland
aboue
the
summe
of
vj.
s
viij
.
d
,
nor
conuey
any
such
bullion
into
any
ship
or
boate
,
vpon
paine
of
forfeiture
of
the
same
,
and
of
imprisonment
and
fine
at
the
Kings
pleasure
.
15
Because
there
is
no
mine
of
copper
mettall
within
this
realme
,
Oppression
by
transporting
copper
,
brasse
&c.
where
sufficient
copper
may
be
gotten
,
for
the
vse
of
the
King
and
his
people
:
and
for
that
seuerall
other
mettalls
be
mixed
therewith
,
of
which
diuers
vessells
and
instruments
be
made
:
And
therefore
the
transporting
thereof
beyond
the
sea
,
was
found
by
experience
to
be
a
great
hinderance
,
and
oppression
to
the
workers
thereof
,
and
also
to
all
those
that
should
haue
the
vse
and
occupation
of
the
same
;
which
were
in
effect
all
sorts
of
housekeepers
,
wherefore
for
the
restraint
of
the
transportation
of
the
same
,
first
one
statute
was
made
Anno
21.
St.
21.
H.
8.
10.
St.
33.
H.
8.
7
St.
2.
E.
6.
37
H.
8.
And
after
another
Anno
33.
H.
8.
And
lastly
,
a
third
Anno
2.
Ed.
6.
By
which
two
last
Statutes
it
was
enacted
,
That
no
persons
shall
carry
or
conuey
,
or
ship
,
to
the
intent
to
carry
or
conuey
,
any
brasse
,
copper
,
latten
,
bel
mettall
,
pan
mettall
,
or
shroffe
mettall
,
whether
it
be
cléere
or
mixed
(
tinne
and
lead
onely
excepted
)
into
any
part
beyond
the
sea
,
or
into
any
outward
dominion
,
vpon
paine
to
forfeit
the
double
value
thereof
,
and
x.
l.
for
euery
thousand
weight
of
the
same
mettall
so
carried
,
or
shipped
to
the
intent
to
be
caried
,
to
the
King
,
and
him
that
will
sue
for
the
same
in
any
of
the
Kings
courts
,
by
A.B.P.
or
I.
wherein
no
W.E.P.
&c.
16
For
that
a
great
number
of
persons
occupying
the
trade
&
faculty
of
pewterers
within
this
Realme
were
decayed
and
oppressed
in
estate
,
by
reason
that
much
ware
made
of
tinne
was
brought
out
of
other
countries
into
this
Realme
,
and
because
strangers
did
learne
the
occupation
of
Pewterers
in
this
Realme
,
Oppression
of
pewterers
.
and
then
did
depart
the
Realme
,
and
taught
it
to
the
people
of
forraine
Nations
:
and
for
that
sometime
Englishmen
borne
would
trauaile
into
other
countries
,
and
teach
the
same
to
forrainers
:
for
the
restraint
wherof
by
a
Statute
made
Anno
25.
H.
8.
it
was
ordained
,
St.
25.
H.
8.
9
St.
33.
H.
8.
4
That
no
person
inhabiting
within
this
Realme
,
shall
buy
,
or
take
by
exchange
for
other
wares
any
wares
made
out
of
this
Realme
of
tinne
,
or
mixt
with
tinne
,
as
platters
,
dishes
,
sawcers
,
pots
,
basons
,
ewers
,
flaggons
,
goblets
,
saltsellers
,
spoones
,
or
any
other
wares
made
of
tin
or
pewter
whatsoeuer
it
be
,
vpon
paine
of
forfeiture
of
the
same
wares
,
in
whose
hands
soeuer
it
may
be
found
,
or
taken
,
to
the
vse
of
the
King
,
and
the
finders
thereof
,
and
also
lawfull
currant
mony
of
this
Realme
,
to
the
valew
thereof
.
And
further
,
that
no
stranger
borne
out
of
this
Realme
shall
vse
the
said
craft
of
Pewterers
,
nor
worke
any
manner
of
vessell
,
or
other
ware
aforesaid
to
be
made
of
tinne
or
pewter
within
any
part
of
this
Realme
,
vpon
paine
of
forfeiture
of
tenne
pounds
to
the
vse
of
the
K.
and
I.
to
be
recouered
by
A.I.
wherein
no
W.E.P.
and
also
vpon
paine
of
forfeiture
of
the
same
pewter
or
tinne
so
wrought
,
in
whose
handes
soeuer
it
be
found
,
or
taken
:
A
pewterer
shall
not
goe
to
dwell
in
an
other
realme
.
and
no
persons
borne
within
this
Realme
,
occupying
the
said
craft
of
Pewterers
,
shall
resort
into
any
strange
countries
,
there
to
teach
or
exercise
the
said
craft
of
pewterers
,
vpon
paine
to
loose
the
priuiledge
and
benefit
of
an
English
man
.
17
Because
complaint
was
made
in
Parliament
,
that
Linnen
Drapers
,
Woollen
Drapers
,
Haberdashers
,
Grocers
,
and
Mercers
dwelling
in
the
Country
out
of
cities
,
boroughs
,
towne
corporat
,
and
market
townes
,
did
not
only
occupie
the
art
and
mysterie
of
the
said
Sciences
in
the
places
where
they
dwelt
,
but
also
came
vnto
the
said
cities
,
boroughes
,
townes
corporat
,
and
market
townes
,
and
there
sold
their
wares
,
and
tooke
away
the
reliefe
of
the
inhabitants
of
the
said
cities
,
market
townes
&c.
to
the
great
decay
,
oppression
and
vtter
vndoing
of
the
inhabitants
of
the
same
:
For
the
reformation
whereof
,
Oppression
of
inhabitants
of
market
townes
.
by
a
Statute
made
Anno
1.
&
2.
P.
&
M.
it
was
enacted
,
St.
1.
&
2.
P.
&
M.
7.
That
no
person
dwelling
in
the
Countrie
any
where
within
England
,
out
of
any
cities
,
boroughs
,
townes
corporat
,
or
market
townes
,
shall
sell
,
or
cause
to
be
sold
by
retaile
,
any
woollen
cloth
,
linnen
cloth
,
Haberdash
wares
,
Grocerie
wares
,
or
Mercerie
wares
,
at
,
or
within
any
of
the
said
cities
,
boroughs
,
townes
corporat
,
or
market
townes
,
or
within
the
suburbs
,
or
liberties
thereof
(
except
it
be
in
open
faires
)
vpon
paine
of
forfeiture
for
euery
time
so
offending
the
summe
of
vj.
s
viij
.
d
,
and
the
whole
wares
so
sold
,
profered
,
and
offered
to
be
sold
,
contrarie
to
the
intent
of
this
Act
,
whereof
one
moitie
shall
be
to
the
King
,
and
the
other
moitie
to
him
or
them
that
will
seise
or
sue
for
the
same
,
in
any
of
the
Kings
Courts
of
Record
by
A.B.
P.I.
or
otherwise
,
wherein
no
W.E.P.
&c.
But
this
shall
not
be
hurtfull
to
any
persons
that
bring
any
of
the
said
wares
,
to
any
of
the
said
cities
,
market
townes
,
&c.
to
be
sold
by
whole
sale
,
in
grosse
,
and
not
by
retaile
,
but
euery
of
them
may
lawfully
sell
the
same
by
whole
sale
,
in
grosse
,
and
not
by
retaile
,
as
they
might
haue
done
before
.
Neither
shall
this
Act
extend
to
any
persons
that
dwell
in
the
Country
out
of
any
of
the
said
cities
,
boroughs
,
&c.
but
euery
of
them
at
any
time
when
he
shal
be
frée
of
any
of
the
guildes
or
liberties
of
any
of
the
said
cities
,
market
townes
&c.
and
dwell
within
any
of
them
,
shall
or
may
sell
,
or
cause
to
be
solde
any
of
the
wares
aforesaid
by
retaile
:
Neither
shall
this
Act
be
preiudiciall
to
the
priuiledges
of
the
vniuersities
of
Oxford
&
Cambridge
,
or
either
of
them
.
And
it
shall
be
lawfull
to
all
persons
to
sell
,
or
cause
to
be
sold
by
retaile
,
or
otherwise
,
all
linnen
or
woollen
cloth
of
their
owne
making
,
Cloth
of
their
own
making
.
in
euery
Citie
,
Borough
,
Towne
corporat
,
and
Market
Towne
,
as
fréely
as
they
might
haue
done
before
.
St.
25.
H.
8.
13
18
It
appeareth
by
the
words
of
the
stat.
of
An.
25.
H.
8.
That
for
one
man
to
get
and
take
into
his
hands
diuers
farmes
,
which
were
ordained
&
prouided
habitations
and
liuings
for
diuers
men
:
Or
for
one
man
to
get
into
his
possession
many
pastures
or
walkes
for
shéepe
,
by
the
occupying
wherof
seueral
persons
before
had
liued
,
was
accounted
a
most
grieuous
&
heinous
oppression
,
&
to
tend
to
the
high
displeasure
of
almighty
God
,
to
the
decay
of
hospitalitie
,
to
the
diminishing
of
the
kings
people
,
to
the
let
of
cloth
making
,
whereby
many
poore
people
did
liue
,
and
to
turne
&
incline
to
the
vtter
desolation
&
destruction
of
this
realme
:
for
the
redresse
whereof
,
by
the
same
statute
it
was
ordained
,
That
no
person
or
persons
shal
receiue
or
take
in
farme
,
for
terme
of
yeres
,
life
,
or
at
will
,
by
indenture
,
copy
of
Court
Roll
,
or
otherwise
,
any
more
houses
or
tenements
of
husbandry
,
wherunto
any
lands
are
belonging
in
town
,
village
,
hamlet
,
or
tything
within
this
realme
,
aboue
the
number
of
two
such
holds
or
tenements
:
and
no
manner
of
person
shall
haue
or
occupie
any
such
holds
so
newly
taken
,
to
the
number
of
two
,
as
is
before
expressed
,
Oppression
by
taking
of
seuerall
farmes
.
except
he
or
they
be
dwelling
within
the
same
parishes
where
such
holds
be
,
vpon
paine
of
forf.
for
euery
wéeke
that
he
or
they
shall
haue
,
occupy
,
or
take
any
profits
of
such
holds
3.
s.
4.
d.
whereof
the
one
moity
shal
be
to
the
king
,
&
the
other
to
the
party
that
wil
sue
for
the
same
in
any
of
the
K.
Courts
by
A.B.P.I.
or
otherwise
within
one
yéere
next
after
such
offence
committed
.
St.
4.
H.
7.
16
And
by
the
stat.
of
An.
4.
H.
7.
it
was
established
,
That
if
any
person
doe
take
any
seuerall
farmes
more
then
one
,
of
any
manors
,
lands
,
tenements
,
parsonages
,
or
tythes
within
the
isle
of
Wight
,
Taking
of
farmes
in
the
isle
of
Wight
.
whereof
the
farme
of
them
altogether
shal
excéed
the
summe
of
x.
markes
,
the
lessée
shall
forf.
to
the
king
for
euery
such
taking
xl
.
l.
St.
25.
H.
8.
13
19
And
for
the
reasons
last
specified
,
the
said
stat.
of
an
.
25.
H.
8.
did
also
ordaine
,
That
no
person
shall
kéepe
,
occupy
,
Oppression
by
kéeping
of
many
shéepe
.
or
haue
in
his
possession
in
his
owne
proper
lands
,
nor
in
the
grounds
of
any
other
which
he
shall
haue
or
occupy
in
farme
,
nor
otherwise
haue
of
his
owne
proper
cattell
,
in
vse
,
possession
,
or
property
,
by
any
manner
of
meanes
or
couin
,
aboue
the
number
of
two
thousand
shéepe
at
one
time
,
within
any
parts
of
this
realme
,
of
all
sorts
&
kinds
(
alwais
accounting
6.
score
to
the
hundred
,
and
10.
such
hundreds
to
the
thousand
)
vpon
paine
to
forf.
for
euery
shéepe
that
any
person
shall
haue
or
keepe
,
aboue
the
number
limitted
by
this
act
,
3.
s.
4.
d.
to
the
king
and
such
as
will
sue
for
the
same
by
A.B.P.I.
in
any
court
of
Record
,
wherein
no
W.E.P.
&c.
So
that
the
suit
be
commenced
for
the
king
within
thrée
yéeres
,
&
for
a
subiect
within
one
yéere
next
after
the
offence
committed
.
But
lambes
Lambes
.
vnder
the
age
of
one
whole
yéere
,
and
as
much
as
shal
be
from
the
time
of
the
falling
of
them
vnto
the
feast
of
the
Natiuity
of
S.
Iohn
Baptist
shal
not
be
taken
for
shéepe
prohibited
by
this
statute
.
St.
25.
H.
8.
13
If
any
person
hauing
shéepe
of
his
owne
,
happen
to
be
made
executor
or
administrator
to
any
person
which
had
shéep
at
his
death
,
Shéepe
comming
by
executorship
or
mariage
.
or
happen
to
be
maried
to
any
person
which
shall
haue
shéepe
at
the
time
of
the
marriage
,
by
reason
whereof
the
said
person
shall
by
such
meanes
haue
aboue
the
number
of
200
,
then
he
shall
loose
no
penalty
for
hauing
aboue
the
number
of
2000.
shéepe
,
by
such
meanes
,
so
that
within
one
yeare
next
after
such
aduancement
,
he
do
put
to
sale
,
or
otherwise
dispose
so
many
of
the
said
shéepe
,
so
to
him
aduanced
,
or
els
of
his
owne
shéepe
that
he
had
before
,
so
that
aboue
one
yéere
he
shall
not
kéepe
,
haue
,
or
occupy
by
any
such
means
,
or
otherwise
by
any
fraud
,
any
more
number
of
them
,
then
is
before
limitted
,
vpon
paine
before
rehearsed
.
If
any
person
by
his
last
Will
giue
to
any
child
within
age
any
number
of
shéepe
,
Sheepe
giuen
by
will
to
a
child
within
age
.
&
appoint
them
by
his
last
will
to
be
kept
by
his
executors
,
St.
25.
H.
8.
13.
or
by
any
other
person
,
vntill
the
foresaid
child
shall
come
to
a
certaine
age
limitted
by
his
last
will
:
then
after
the
death
of
the
Testator
,
the
said
shéepe
so
being
in
possession
of
the
executors
,
or
of
any
other
person
to
the
vse
of
any
such
child
within
age
,
for
the
time
that
he
shall
be
limitted
to
haue
the
said
shéepe
,
by
the
will
of
the
Testator
,
shal
not
be
accounted
against
the
said
executors
,
nor
any
person
hauing
the
shéepe
for
the
intent
aforesaid
,
any
of
the
number
of
the
said
shéep
prohibited
by
this
act
.
Euery
person
being
the
kings
temporall
subiect
,
25.
H.
8.
13
or
borne
vnder
his
obeysance
,
Shéepe
kept
vpon
inheritance
or
fréehold
.
which
shall
haue
or
be
seised
of
inheritance
,
in
possession
,
or
in
vse
,
or
that
shall
haue
a
iointure
in
vse
,
or
in
possession
,
or
shal
be
tenant
in
dower
,
or
by
the
courtesie
of
,
or
in
any
manors
,
lands
,
tenements
,
pastures
,
féedings
,
or
liberty
of
foldage
,
within
any
part
of
this
realme
of
England
,
Wales
,
or
the
Marches
of
the
same
,
may
haue
,
kéepe
,
&
maintain
vpon
the
same
,
his
own
demesn
lands
,
&
all
other
his
pastures
,
féedings
,
&
fold
courses
,
which
he
so
hath
,
as
many
his
own
shéepe
&
lambs
,
in
number
to
his
own
proper
behoofe
,
as
he
lawfully
might
haue
had
&
kept
vpon
the
same
at
any
time
before
the
making
of
this
act
.
In
case
any
such
person
hauing
any
such
estate
in
vse
,
or
in
possession
,
of
,
25.
H.
8.
13
or
in
any
lands
,
He
that
kéepeth
his
number
vpon
his
inheritance
,
shall
not
keepe
vpon
a
farme
.
tenements
,
pastures
,
féedings
,
or
liberties
of
fold
courses
,
do
kéep
vpon
the
same
the
number
of
2000.
shéepe
,
or
aboue
,
then
he
shall
not
in
any
wise
kéepe
or
haue
any
shéepe
aboue
the
number
of
2000.
vpon
any
lands
,
pastures
,
or
féedings
,
which
he
shal
haue
in
farme
,
or
otherwise
,
vpon
pain
of
forf.
for
euery
shéepe
,
besides
the
said
number
of
2000.
3.
s.
4.
d.
In
case
the
said
demesne
lands
,
tenements
,
pastures
,
féedings
,
25.
H.
8.
13
&
liberties
of
fold
courses
of
any
person
before
rehersed
,
Shéepe
kept
vpon
demesns
and
farmes
.
suffice
not
for
the
féeding
,
pasturing
,
&
kéeping
of
2000.
shéepe
,
then
any
such
person
may
haue
or
féed
vpon
the
said
demesn
lands
,
&
vpon
his
farme
holds
(
which
he
lawfully
may
haue
,
to
the
said
number
of
2000.
shéepe
,
&
not
aboue
)
vpon
paine
of
forf.
for
euery
shéepe
aboue
that
number
3.
s.
4.
d.
It
shal
be
lawfull
to
euery
person
kéeping
a
houshold
,
25.
H.
8.
13
to
haue
from
time
to
time
such
conuenient
number
of
shéepe
,
Shéepe
kept
for
the
maintenance
of
a
mans
house
.
aboue
the
number
expressed
in
this
act
,
as
shal
be
necessary
for
the
only
expences
of
his
houshold
,
to
be
prouided
,
kept
,
and
fed
,
in
and
vpon
his
own
lands
,
or
other
lands
,
such
as
he
lawfully
can
prouide
for
,
in
farme
,
or
otherwise
,
so
that
he
at
no
time
shall
haue
for
the
expence
of
his
houshold
,
or
by
colour
of
the
same
,
aboue
the
number
to
him
limitted
by
this
act
,
any
number
of
shéepe
moe
then
shall
suffice
for
the
onely
expences
of
his
household
for
one
yeare
,
without
fraud
or
couin
.
And
it
is
lawfull
for
all
spirituall
persons
Spirituall
persons
.
to
kéepe
such
and
as
many
shéepe
vpon
their
owne
lands
,
and
after
such
manner
,
and
none
otherwise
,
as
they
might
haue
done
before
the
making
of
this
act
.
20
As
it
is
a
thing
farre
vnfit
,
and
not
consorting
with
their
function
,
that
spirituall
persons
,
who
ought
to
liue
of
the
altar
,
and
to
be
chiefely
imployed
&
deuoted
to
the
seruice
of
God
,
the
administration
of
his
sacraments
,
preaching
of
his
Word
,
&
instruction
of
his
people
,
should
busie
themselues
with
taking
of
farmes
,
buying
&
selling
for
gaine
in
faires
&
markets
,
occupying
of
Parsonages
or
Vicarages
by
farme
,
or
with
the
vsing
or
keeping
of
Tanne
houses
or
Brewhouses
:
So
it
is
an
oppression
and
meanes
of
impouerishment
of
other
temporall
persons
,
who
do
chiefely
or
partly
liue
by
the
same
trades
:
and
therfore
by
a
stat.
made
An.
21.
St.
21.
H.
8.
13
H.
8.
it
was
enacted
,
Oppression
by
spirituall
persons
in
taking
of
farmes
.
That
no
spirituall
person
shall
take
to
farme
to
himselfe
,
or
to
any
person
to
his
vse
,
of
the
lease
or
grant
of
the
K.
or
any
other
person
or
persons
,
by
letters
patents
,
indentures
,
writings
,
by
word
,
or
otherwise
by
any
manner
of
means
,
any
manors
,
lands
,
tenements
,
or
other
hereditaments
,
for
terme
of
life
,
yeares
,
or
at
will
,
vpon
paine
to
forf.
for
euery
moneth
that
he
or
they
to
his
vse
doe
occupy
such
farme
,
by
reason
of
such
graunt
or
lease
,
x.
l.
to
the
king
and
him
that
will
sue
,
to
be
recouered
in
any
of
the
kings
Courts
by
A.B.P.
I.
wherein
no
W.E.P.
Oppression
by
them
in
buying
and
selling
.
And
that
no
spirituall
person
,
of
what
estate
or
degree
soeuer
he
be
,
shall
by
himselfe
,
or
any
other
for
him
,
to
his
vse
,
bargaine
,
and
buy
to
sell
againe
for
gaine
,
in
any
markets
,
faires
,
or
other
places
,
any
manner
of
Cattell
,
Corne
,
Lead
,
Tin
,
Hides
,
Leather
,
Tallow
,
Fish
,
Wooll
,
Wood
,
or
any
manner
of
victuall
or
marchandize
,
of
what
kind
soeuer
they
be
,
vpon
paine
to
forfeit
treble
the
value
of
the
things
so
bought
to
sell
againe
to
the
king
and
him
that
will
sue
,
to
be
recouered
in
any
of
the
kings
Courts
by
A.B.P.I.
wherein
no
W.E.P.
But
a
spirituall
person
,
who
without
fraud
buyeth
any
horses
,
cattell
,
goods
,
&c.
with
only
intent
at
the
buying
thereof
to
imploy
the
same
to
the
necessary
apparrell
of
himselfe
,
his
seruants
,
or
houshold
,
or
for
the
only
occupying
or
manuring
of
his
glebe
or
demesne
lands
annexed
to
his
church
,
or
for
the
necessary
expences
of
his
household
,
and
after
the
buying
or
exercising
thereof
,
misliketh
the
same
,
that
they
should
not
be
good
,
profitable
,
and
conuenient
for
the
purposes
abouesaid
,
for
the
which
they
were
bought
,
then
he
may
lawfully
bargain
,
and
put
them
away
.
And
also
other
spirituall
persons
,
not
hauing
sufficient
glebe
or
demesne
lands
in
their
owne
hands
in
the
right
of
their
churches
,
houses
&c.
for
pasturing
of
cattell
,
or
increase
of
corne
for
the
only
expences
of
their
households
,
or
for
their
cariages
and
iourneyes
,
may
take
in
farme
other
lands
,
and
buy
and
sell
corne
and
cattell
for
the
only
manurance
,
tillage
,
and
pasturage
of
such
farmes
,
so
that
the
increase
thereof
be
alwaies
imployed
to
the
onely
expences
in
their
housholds
,
and
not
to
buy
and
sell
againe
for
any
other
commoditie
,
but
onely
the
ouerplus
of
such
corne
and
cattell
aboue
the
expences
of
their
housholds
,
if
any
such
shall
happen
to
be
bred
and
increased
therof
,
without
fraud
or
couin
.
St.
21.
H.
8.
13
And
for
the
causes
aforesaid
,
by
the
said
statute
of
An.
21.
H.
8.
it
was
moreouer
ordained
,
That
no
spirituall
person
,
beneficed
with
cure
,
Oppression
by
them
in
farming
of
parsonages
&c.
shall
haue
or
occupy
by
himself
,
or
any
other
to
his
vse
,
any
Parsonage
or
Vicarage
in
farme
,
of
the
lease
or
graunt
of
any
other
person
,
or
take
any
rent
or
profit
out
of
any
such
farme
,
vpon
pain
to
forf.
xl
.
s.
euery
wéeke
that
he
or
any
to
his
vse
shall
occupy
any
such
farme
,
&
also
shall
forf.
ten
times
the
value
of
such
profite
or
rent
which
he
shall
take
out
of
any
such
farme
,
to
the
K.
&
I.
to
be
recouered
by
A.I.
P.
&c.
wherein
no
W.E.P.
&c.
Oppression
by
kéeping
a
Tanne-house
,
or
Brewhouse
And
moreouer
,
no
spirituall
person
shall
haue
,
vse
,
or
kéepe
by
himselfe
,
or
any
other
to
his
vse
or
commodity
,
any
Tan-house
,
to
be
occupied
to
his
vse
or
commodity
,
or
any
Brewhouse
,
to
any
other
intent
,
then
only
to
be
spent
and
occupied
in
his
own
house
,
vpon
paine
to
forfeit
for
euery
month
so
vsing
or
occupying
any
of
the
said
misteries
,
x.
l.
to
the
K.
and
I.
to
be
recouered
by
A.P.I.
wherein
no
W.E.P.
&c.
Oppression
by
taking
of
excessiue
toll
.
21
Because
complaint
was
made
in
parliament
,
that
some
did
oppresse
the
people
,
by
taking
excessiue
&
outragious
toll
in
market
townes
,
therfore
by
the
stat.
of
West
.
1.
it
was
enacted
,
St.
3.
E.
1.
30.
That
if
any
do
take
outragious
toll
contrary
to
the
custome
of
the
realme
in
a
market
towne
,
which
is
the
K.
towne
,
and
let
to
fée
farme
,
the
K.
shal
seise
the
franchise
of
the
market
into
his
owne
hands
:
&
if
it
be
anothers
towne
,
&
that
be
done
by
the
lord
of
the
towne
,
the
K.
shal
do
in
like
sort
:
and
if
it
be
done
by
a
bailife
or
other
mean
officer
,
without
the
commandement
of
his
lord
,
he
shal
restore
to
the
plaintife
for
his
outragious
taking
so
much
as
he
hath
receiued
of
him
,
if
he
hath
caried
away
the
toll
,
&
shal
be
imprisoned
xl
.
daies
.
No
oppression
shal
be
done
to
strangers
.
22
The
gouernors
of
this
realme
hauing
from
time
to
time
a
special
regard
that
reciprocall
courtesie
&
fauor
might
be
performed
to
all
strangers
&
aliens
,
that
did
come
into
this
realme
to
marchandize
,
or
to
any
other
good
intent
,
and
that
Ius
gentium
might
be
yéelded
vnto
them
,
haue
made
many
good
laws
and
statutes
to
protect
&
defend
them
from
oppressions
&
wrongs
.
As
K.
Henry
the
third
ordained
by
the
stat.
of
Magna
Charta
,
St.
9.
H.
3.
30
That
all
marchants
(
if
they
were
not
lawfully
prohibited
before
)
shall
haue
their
safe
&
sure
conduct
to
depart
forth
of
the
realme
,
&
to
come
into
England
,
&
to
tarry
,
&
go
through
England
,
aswel
by
land
as
by
water
,
to
buy
or
sell
without
any
manner
of
euill
tols
,
according
to
the
ancient
&
lawful
custemes
(
sauing
in
time
of
warre
.
)
And
if
they
be
of
a
country
in
warre
with
vs
,
they
shal
be
attached
without
hurt
of
their
bodies
or
goods
,
vntill
it
be
knowne
to
vs
,
or
our
chiefe
iustice
,
how
the
marchants
of
our
land
be
vsed
in
that
country
wherwith
we
haue
war
:
and
if
our
marchants
be
wel
vsed
there
,
theirs
shal
be
so
likewise
with
vs
.
And
by
the
stat.
of
an
.
9.
E.
3.
St.
9.
E.
3.
1.
St.
25.
E.
3
,
2
it
was
enacted
,
That
all
marchant
strangers
&
denizens
,
&
all
other
the
will
buy
and
sel
corne
,
wines
,
auer
de
pois
,
flesh
,
fish
,
&
all
other
liuings
,
&
victual
,
wools
,
clothes
&
all
other
things
vendible
,
from
whence
soeuer
they
come
,
at
what
place
soeuer
it
be
,
city
,
borough
,
towne
,
port
of
the
sea
,
fayre
,
market
,
or
elsewhere
,
within
the
realme
,
within
franchise
,
or
without
,
may
fréely
sel
them
to
what
person
it
shal
please
them
,
aswel
forreins
as
denizens
,
in
grosse
,
at
retaile
,
or
by
parcels
,
at
their
wils
to
all
people
the
will
buy
the
same
(
except
to
the
enemies
of
the
K.
and
his
realme
)
notwithstanding
any
charter
,
vsage
,
or
custome
.
And
if
any
disturbance
be
done
to
any
marchant
stranger
,
or
denizen
,
or
to
any
other
,
for
the
sale
of
such
things
in
any
city
,
borough
,
towne
,
port
of
the
sea
,
or
other
place
which
hath
franchise
,
&
the
maiors
&
bailifes
,
or
other
,
which
haue
the
rule
of
such
franchise
,
being
required
by
such
marchants
,
or
other
,
thereof
to
prouide
remedy
,
&
do
not
,
&
thereof
be
attainted
,
the
franchise
shal
be
seised
into
the
K.
hands
:
and
neuertheles
,
they
which
haue
done
such
disturbance
,
shal
restore
to
the
said
marchant
his
double
damages
,
which
he
hath
therby
sustained
.
And
if
such
disturbance
or
interruption
be
done
in
such
places
or
townes
where
no
franchise
is
,
and
the
lord
,
if
he
be
present
,
or
his
baylife
,
constable
,
or
other
ruler
of
the
said
townes
and
places
(
in
the
absence
of
the
lord
)
being
therein
required
to
doe
right
,
and
do
not
,
&
thereof
be
attainted
,
they
shal
yéeld
to
the
plaintife
dammages
,
as
aforesaid
,
&
the
disturbers
in
the
one
case
,
&
in
the
other
,
as
well
within
the
Franchises
as
without
,
if
they
be
attainted
,
shall
haue
one
yéers
imprisonment
,
and
be
ransomed
at
the
kings
pleasure
:
No
alien
or
denizen
vpon
the
foresaid
paine
shal
be
troubled
,
but
he
may
fréely
buy
such
things
aforesaid
in
the
said
places
,
&
carry
them
where
it
pleaseth
him
,
to
his
owne
vse
,
or
to
the
profit
of
the
king
or
the
realme
,
sauing
that
such
Marchants
aliens
shall
carry
no
wine
out
of
the
same
realme
.
St.
6.
R.
2.
10
And
by
the
stat.
of
Ann.
6.
R.
2.
it
was
established
,
That
all
aliens
being
in
friendship
with
the
king
and
the
realme
,
&
comming
into
any
cities
or
townes
within
the
realme
,
with
fish
,
or
other
victuals
,
and
there
tarrying
,
&
returning
againe
to
their
owne
countries
,
shall
be
vnder
the
kings
protection
:
and
it
shall
be
lawfull
to
euery
of
them
to
cut
their
fish
&
victuals
in
pieces
,
&
by
retaile
or
in
grosse
to
sell
the
same
.
And
by
the
stat.
of
ann
14.
St.
14.
H.
6.
6
H.
6.
it
was
prouided
,
That
if
any
man
disturbe
any
alien
to
sell
his
fish
in
forme
aforesaid
,
he
shall
forf.
x.
l.
to
the
K.
&
him
that
will
sue
.
And
besides
,
the
stat.
of
an
.
31.
E.
3.
10.
an
.
7.
R.
2.
11.
an
.
11.
R.
2.
7.
&
an
.
16.
R.
2.
1.
were
made
&
prouided
to
giue
liberty
,
protection
,
&
safety
to
aliens
&
strangers
,
&
to
defend
them
from
wrongs
and
oppressions
.
St.
23.
El.
5.
23
It
appeareth
by
the
preamble
of
the
stat.
of
A.
23.
Oppression
by
making
of
yron
workes
.
Eliz.
that
by
the
erection
of
sundry
yron
mils
in
diuers
places
of
this
realme
,
not
far
distant
from
the
city
of
London
,
&
from
the
downes
&
sea
coasts
of
Sussex
,
the
necessary
prouision
of
wood
,
as
well
timber
fit
for
building
,
&
other
vses
,
as
also
all
other
fellable
woods
seruing
for
fuell
,
doth
daily
decay
,
&
become
scant
,
to
the
great
dammage
&
oppression
of
the
city
of
London
,
&
the
suburbes
of
the
same
,
&
of
al
other
persons
,
hauing
occasion
daily
to
resort
thither
from
all
the
parts
of
this
realm
:
for
the
remedy
whereof
,
by
the
same
statute
it
was
enacted
,
That
no
person
or
persons
shal
conuert
or
im●loy
,
or
cause
to
be
conuerted
or
imploied
to
coale
or
fuell
,
for
the
making
of
yron
or
yron
mettall
,
in
any
yron
mils
,
furnace
,
or
hammer
,
any
maner
of
wood
,
or
vnderwood
,
now
growing
,
or
which
hereafter
shall
grow
within
the
compasse
of
22.
miles
,
from
and
about
the
city
of
London
,
or
the
suburbes
of
the
same
,
or
within
22.
miles
of
the
riuer
of
Thames
,
from
Dorchester
in
the
county
of
Oxford
downward
the
same
riuer
of
Thames
,
or
within
foure
miles
of
the
foot
of
the
hils
called
the
Downes
,
betwixt
Arundell
and
Pemsey
in
the
county
of
Sussex
,
or
within
foure
miles
of
any
of
the
towns
of
Winthelsey
and
Rie
,
or
within
two
miles
of
the
towne
of
Pemsey
,
or
within
two
miles
of
the
towne
of
Hastings
in
the
said
County
,
vpon
paine
to
forfeit
for
euery
load
of
Wood
so
to
be
imploied
,
or
conuerted
into
coale
or
other
fuell
,
for
the
making
of
yron
or
yron
mettall
in
any
yron
mill
,
furnace
,
or
hammer
,
as
aforesaid
,
xl
.
s.
to
the
Qu.
and
I.
to
be
recouered
by
A.B.P.I.
wherein
no
W.E.P.I.
&c.
But
this
Act
shall
not
extend
to
any
Woods
growing
,
or
to
grow
in
any
such
parts
of
the
Wields
of
Surrey
,
Sussex
,
or
Kent
,
within
the
said
22.
miles
of
the
said
Citie
of
London
,
and
the
riuer
of
Thames
,
as
is
distant
aboue
18.
miles
from
the
Citie
of
London
,
and
8.
miles
from
the
sayd
riuer
of
Thames
.
St.
23.
El.
5
And
by
the
same
statute
it
was
moreouer
ordained
,
Oppression
by
new
yron
workes
That
no
new
yron
works
shal
be
erected
within
22.
miles
of
the
said
city
of
London
,
nor
within
14.
miles
of
the
foresaid
riuer
of
Thames
,
nor
within
4.
miles
of
the
Downs
aforesaid
,
or
of
the
said
towns
of
Pensey
,
Winchelsey
,
Hastings
,
or
Rie
,
vpon
paine
of
an
hundred
pounds
to
be
likewise
recouered
and
emploied
,
as
is
aforesaid
.
But
this
act
shal
not
extend
to
any
woods
or
vnderwoods
of
Christopher
Darrell
,
growing
or
which
shall
grow
in
the
parish
of
Newdigate
.
And
for
the
causes
and
reasons
aforesaid
,
by
one
other
stat.
made
An.
27.
St.
27.
El.
1
El.
it
was
further
enacted
,
That
no
person
or
persons
shall
make
,
erect
,
build
,
or
new
set
vp
,
at
,
or
in
any
place
within
the
counties
of
Sussex
,
Surry
,
or
Kent
,
or
any
of
them
,
any
manner
of
yron
mils
,
furnace
,
finary
,
or
bloomary
,
for
the
making
or
working
of
any
maner
of
yron
,
or
yron
mettall
,
other
then
either
vpon
such
old
&
former
baies
or
pennes
,
whereupon
hath
lately
bin
,
or
at
the
time
of
the
new
erection
,
shal
be
then
standing
some
yron
mils
,
surnace
,
or
hammer
,
or
els
in
and
vpon
such
lands
,
as
the
party
or
parties
so
erecting
any
such
intended
new
worke
,
shall
continually
furnish
the
same
with
sufficient
supply
of
his
or
their
owne
wood
,
standing
and
growing
vpon
his
or
their
owne
soile
or
land
,
being
to
him
or
them
in
fée
simple
,
fée
taile
,
or
for
terme
of
life
or
liues
,
without
impeachment
of
wast
at
the
least
,
and
not
otherwise
:
Nor
shal
conuert
or
imploy
,
or
cause
to
be
conuerted
to
coales
or
other
fuel
for
the
making
or
working
of
yron
or
yron
mettall
in
or
about
any
yron
mils
,
furnaces
,
hammers
,
finary
,
forge
,
or
blomarie
the
body
or
bodies
of
any
sound
timber
trée
or
trées
,
apt
for
the
making
of
good
&
sufficient
cleft
wares
,
or
sawing
timber
of
Oke
,
Ash
,
or
Elme
,
growing
of
the
breadth
or
bignesse
of
one
foot
square
at
the
stub
,
or
any
part
of
the
same
body
or
bodies
of
any
such
trée
or
trées
,
vpon
paine
of
forfeiture
for
euery
yron
mill
,
furnace
,
forge
,
finarie
,
or
bloomarie
made
,
erected
,
builded
,
or
set
vp
,
contrary
to
the
tenor
and
true
meaning
of
this
act
,
thrée
hundred
pounds
:
and
for
euery
body
of
such
timber
trée
so
imploied
or
conuerted
to
coale
or
fuell
,
for
the
making
or
working
of
yron
,
as
is
aforesaid
,
xl
.
s.
to
the
Q.
and
I.
to
be
recouered
by
A.B.P.
or
I.
wherein
no
W.E.P.
&c.
Prouided
alwaies
,
that
it
shall
and
may
be
lawfull
to
&
for
the
owners
of
such
trées
,
the
bodies
whereof
haue
béene
or
shal
be
from
time
to
time
conuerted
and
imployed
to
or
for
any
maner
of
timber
or
cleft
ware
within
the
wields
of
Sussex
,
Surrey
,
or
Kent
,
or
any
of
them
(
the
same
not
being
within
18.
miles
of
the
city
of
London
,
or
8.
myles
of
the
riuer
of
Thames
,
or
4.
myles
of
the
townes
of
Rye
&
Winchelsey
,
or
within
3.
myles
of
Hastings
,
or
within
4.
myles
of
the
foot
of
the
Hils
,
called
the
Downes
betwéene
Arundel
&
Pemsey
,
in
the
county
of
Sussex
aforesaid
,
or
any
of
them
)
to
imploy
the
tops
and
offals
of
all
such
trées
to
or
for
coales
,
or
other
fuell
,
seruing
to
or
for
yron
works
at
their
owne
wils
and
pleasures
:
This
statute
or
any
other
notwithstanding
.
Oppression
by
Brewers
.
24
If
any
Ale
or
Béere
brewer
do
sell
or
take
for
any
barrell
,
kilderkin
,
St.
23.
H.
8.
4
or
firkin
of
ale
or
béere
,
aboue
such
prices
as
shal
be
assessed
by
the
Iust.
of
peace
of
the
shire
,
or
by
the
mayor
,
shirife
,
or
head
officer
of
the
city
,
borough
,
or
towne
corporat
,
where
the
said
brewer
doth
dwell
,
this
is
an
oppression
of
al
those
that
do
buy
the
same
ale
&
béere
:
and
therefore
by
the
stat.
of
An.
23.
H.
8.
the
offendor
shall
forfeit
for
euery
barrell
so
sold
,
6.
s.
for
euery
kilderkin
3.
s.
4.
d.
for
euery
firkin
2.
s.
for
euery
lesse
vessell
xij
.
d.
and
for
a
greater
then
a
barrell
,
x.
s.
to
the
K.
and
I.
Oppression
of
Coopers
by
Brewers
.
And
if
any
Brewer
which
breweth
béere
or
ale
to
sell
,
St.
23.
H.
8.
4
shal
by
himselfe
,
or
any
other
to
his
vse
,
occupy
the
mysterie
of
Coopers
,
or
make
any
barrels
,
kilderkins
,
firkins
,
or
other
vessell
of
wood
,
wherein
to
put
his
béere
or
ale
,
this
is
an
oppression
of
Coopers
,
and
by
the
said
stat.
of
An.
23.
H.
8.
the
offendor
shal
forf.
for
euery
vessell
to
the
K.
and
I.
3.
s.
4.
d.
But
a
brewer
may
kéepe
a
Cooper
to
bind
,
hoope
,
pinne
,
and
amend
his
vessels
.
25
It
is
an
oppression
to
many
thousand
woollen
cardmakers
&
cardwierdrawers
of
this
realme
,
who
do
liue
by
the
same
trade
,
Oppression
by
bringing
in
of
woollen
cards
.
to
haue
cards
for
wooll
brought
out
of
forraine
regions
into
this
Realme
,
&
here
sold
to
the
hinderance
of
the
sale
of
their
like
wares
.
And
therefore
if
any
person
shall
bring
or
send
,
or
cause
to
be
brought
or
sent
any
such
cards
for
wooll
to
be
bartered
or
sold
in
England
or
Wales
,
St.
39.
El.
14
St.
1.
Iac.
25
by
the
stat.
of
An.
39.
El.
he
shall
forf.
them
or
the
very
value
of
them
to
the
K.
and
him
that
will
seise
or
sue
for
the
same
.
26
If
any
person
shall
erect
a
new
weare
along
the
sea
shore
,
Oppression
by
erecting
of
weares
.
or
in
any
hauen
,
harbour
,
or
créeke
,
or
within
5.
miles
of
the
mouth
of
any
hauen
or
créeke
,
or
shall
willingly
take
,
destroy
,
or
spoile
any
spawne
,
fry
,
or
brood
of
any
Sea
fish
,
in
any
weare
,
or
other
engine
or
deuice
whatsoeuer
,
Oppression
by
destroying
of
fish
.
this
is
an
oppression
to
all
those
that
liue
by
or
vse
fishing
in
those
parts
,
and
a
hinderance
to
the
commonwealth
.
St.
3.
Iac.
11
And
therefore
by
the
stat.
of
An.
3.
Iac.
the
offendor
shal
forfeit
for
euery
time
so
erecting
,
setting
vp
,
taking
,
or
destroying
of
fish
,
x.
l.
to
the
king
&
I.
And
if
any
person
shall
fish
with
any
drawnet
or
dagnet
vnder
three
ynches
meash
,
viz.
one
ynch
and
a
halfe
from
knot
to
knot
(
except
for
the
taking
of
Smoulds
in
Norfolke
only
)
or
with
any
net
with
cannas
,
Oppression
by
nets
.
or
other
engine
or
deuice
,
wherby
the
spawne
,
fry
,
or
brood
of
sea
fish
may
be
destroied
,
this
is
also
an
oppression
to
all
those
that
liue
by
,
or
vse
fishing
,
&
a
hinderance
to
the
commonwealth
:
and
therefore
the
offendor
shall
forf.
such
net
,
&
for
euery
time
so
doing
,
x.
s.
whereof
the
one
halfe
to
him
that
will
sue
,
and
the
other
halfe
to
the
poore
of
the
city
,
towne
,
parish
,
or
liberty
,
where
the
offence
shal
be
committed
.
27
For
that
buying
,
selling
,
and
regrating
of
wood
by
gréedy
and
couetous
persons
,
is
a
meane
to
make
the
same
déerer
,
and
is
a
great
oppression
&
hurt
to
the
commonwealth
,
St.
7.
E.
6.
7.
therefore
it
is
ordained
by
the
stat.
of
An.
7.
Ed.
6.
That
if
any
person
shall
buy
any
fuell
,
coales
,
or
wood
,
but
onely
such
as
will
burne
or
consume
the
same
,
Oppression
by
buying
&
selling
of
fuell
.
or
such
persons
as
shall
sell
the
same
again
by
retaile
to
such
as
shall
burne
or
consume
the
same
for
their
owne
occupying
,
without
fraud
or
couin
,
or
wharfingers
or
bargemen
,
he
shall
forf.
to
the
K.
&
I.
the
treble
v●lue
of
the
same
wood
,
coales
,
or
fuell
,
as
shal
be
otherwise
bought
for
lucre
&
gaine
.
St.
15.
H.
8.
2
28
If
any
person
shall
carrie
and
conuey
,
Oppression
by
transporting
of
victuals
.
or
cause
to
bee
carried
and
conueyed
,
any
victuals
necessarie
for
mens
sustenance
to
any
parts
beyond
the
Sea
(
vnlesse
it
be
by
licence
vnder
the
Kings
great
seale
)
sauing
for
the
victualling
of
Mariners
and
Marchants
of
Shippes
passing
the
Sea
,
and
sauing
barrelled
butter
,
and
meale
,
to
be
carried
to
the
parts
of
Ireland
,
as
hath
bin
accustomed
,
this
is
a
meane
to
enhaunce
the
prices
of
victuals
within
this
Realme
,
an
so
an
oppression
to
the
inhabitants
of
the
Realme
.
And
therefore
by
the
Statute
of
Anno
25.
H.
8.
the
partie
offending
shall
forfeit
the
value
of
the
thing
carried
to
the
K.
and
I.
St.
37.
H.
8.
9
St.
13.
El.
8
St.
39.
El.
18.
29
By
the
Statute
of
Anno
37.
H.
8.
Oppression
by
vsurie
.
and
confirmed
and
explaned
by
the
Statute
of
Anno
13.
El.
it
is
ordained
to
be
vnlawfull
vsurie
and
an
oppression
,
if
any
man
do
sell
any
marchandises
or
wares
to
another
,
and
buy
the
same
againe
within
thrée
months
for
a
lesse
price
,
knowing
them
to
be
the
same
that
he
sold
:
And
so
it
is
if
any
person
by
any
bargaine
,
loane
,
exchange
,
or
shift
of
any
wares
,
or
other
things
,
shall
take
in
gaines
for
the
forbearing
of
his
money
or
other
thing
one
whole
yeare
,
aboue
x.
l.
in
the
100.
l.
And
so
it
is
,
if
any
person
shall
take
aboue
x.
l.
for
the
forbearing
of
100.
l.
for
a
yeare
,
vpon
sale
or
morgage
of
lands
,
of
the
profites
of
the
same
lands
:
and
in
the
cases
aforesaid
the
offendor
shall
forfeit
for
euery
such
offence
the
treble
value
of
the
wares
,
marchandizes
,
and
other
things
so
bargained
,
sold
,
changed
,
&c.
and
the
treble
value
of
the
issues
and
profits
of
the
said
lands
so
taken
,
by
bargaine
,
sale
or
morgage
to
the
K.
and
I.
and
shall
suffer
imprisonment
,
&
make
fine
at
the
kings
pleasure
.
And
all
bands
,
contracts
,
and
assurances
collaterall
made
for
payment
of
any
principall
,
or
money
to
be
lent
,
or
couenant
to
bée
performed
,
for
any
vsurie
in
lending
or
doing
of
any
thing
,
vpon
,
or
by
which
loane
there
shal
be
reserued
or
taken
aboue
the
rate
of
x.
l.
for
the
100.
l.
for
one
yeare
,
shall
be
vtterly
void
:
and
he
that
doth
take
,
or
couenant
,
or
reserue
to
take
x.
l.
for
the
forbearance
of
100.
l.
for
one
yeare
,
and
so
after
that
rate
,
or
any
summe
vnder
x.
l.
shal
forf.
only
that
x.
l.
or
other
lesse
summe
which
he
doth
so
take
,
or
couenant
or
reserue
to
take
(
though
it
be
but
a
penny
,
or
lesse
then
a
penny
)
to
the
K.
and
I.
&c.
Fraudulent
shadowing
of
vsurious
bargaines
.
If
A.
doe
lend
to
B.
100.
Co.
li.
5.
70
:
l.
and
do
bargaine
&
agrée
with
him
,
that
if
I.
S.
do
liue
one
whole
yéere
next
comming
,
that
then
B.
shal
pay
him
xx
.
l.
for
the
loane
of
his
100.
l.
for
a
yéere
,
and
if
I.
S.
doe
die
within
the
yéere
,
that
then
B.
shall
pay
him
but
his
100.
l.
again
,
this
is
an
oppression
of
B.
and
an
vsurious
bargaine
,
and
A.
is
to
be
punished
according
to
the
foresaid
stat.
of
37.
H.
8.
For
as
he
made
&
reserued
the
interest
of
xx
.
l.
payable
,
if
I.
S.
should
liue
one
yéere
,
so
he
might
as
lawfully
haue
put
in
the
liues
of
xx
.
other
persons
,
and
so
deluded
the
true
meaning
of
the
makers
of
the
said
Statute
.
And
in
like
sort
,
if
A.
do
lend
to
B.
100.
l.
for
a
yéere
,
&
do
bargaine
with
B.
that
if
I.
S.
shall
liue
vntill
the
end
of
that
yéere
,
then
B.
shal
pay
him
xx
.
l.
for
the
interest
or
loane
of
his
100.
l.
for
that
yéere
,
and
if
the
same
I.
S.
doe
die
within
the
said
yéere
,
that
then
B.
shall
repay
to
A.
but
lxxx
.
l.
of
his
principall
money
,
this
is
an
vsurious
contract
,
and
an
oppression
,
&
to
be
punished
according
to
the
said
statute
:
for
in
both
the
foresaid
cases
there
was
but
a
shaddow
deuised
by
the
lender
,
to
protect
him
from
the
penalty
of
that
statute
,
which
at
the
time
of
his
loane
he
meant
to
offend
.
And
therefore
the
stat.
of
13.
Eliz.
8.
hath
wel
prouided
,
that
the
same
stat.
of
37.
H.
8.
shal
be
most
largely
&
strongly
construed
for
the
repressing
of
vsurie
,
and
against
all
persons
that
shal
offend
against
the
true
meaning
of
the
said
statute
,
by
any
way
or
deuice
,
directly
or
indirectly
.
Oppression
by
cutting
out
the
head
or
pipe
of
a
conduit
.
Oppression
by
burning
a
cart
laden
.
Oppression
by
cutting
off
eares
.
Oppression
by
barking
of
trées
.
30
It
is
an
oppression
,
and
manifest
and
palpable
iniury
,
if
any
person
do
wilfully
,
maliciously
,
and
vnlawfully
cut
or
cause
to
be
cut
out
the
head
or
pipe
of
any
conduit
of
any
other
persons
:
Or
burne
or
cause
to
be
burned
any
wain
or
cart
laden
with
coales
,
or
any
other
goods
,
or
any
heape
of
wood
of
any
other
persons
prepared
&
felled
for
making
of
coales
,
billet
,
or
Tallwood
:
Or
to
cut
or
cause
to
bee
cut
out
the
tongue
of
any
tame
beast
,
being
aliue
,
of
any
other
persons
:
Or
to
cut
,
or
cause
to
be
cut
off
,
the
eare
or
eares
of
any
of
the
kings
subiects
,
otherwise
then
by
authoritie
of
Law
,
chance-medley
,
sudden
affray
,
or
aduenture
:
Or
to
barke
any
Appletrées
,
Pearetrées
,
or
other
fruit
trées
of
any
other
persons
:
in
all
which
cases
,
by
force
of
the
statute
of
Ann.
37.
H.
8.
the
offendor
shall
forfeit
to
the
party
grieued
treble
dammages
,
St.
37.
H.
8.
6
to
be
recouered
by
action
of
Trespas
at
the
common
law
,
and
to
the
king
10.
l.
for
a
fine
.
31
It
is
an
oppression
,
and
a
resolued
intent
to
do
hurt
&
wrong
to
others
,
Oppression
by
hawking
or
hunting
in
corn
growing
.
if
any
person
shall
hawke
or
hunt
with
his
spaniels
in
any
ground
(
except
his
owne
)
where
corne
or
graine
shall
then
grow
,
at
such
time
as
any
eared
or
codded
corne
or
graine
shal
be
standing
and
growing
vpon
the
same
,
or
before
such
time
as
such
corne
or
graine
shal
be
shocked
,
cocked
,
hiled
,
or
copped
:
in
which
cases
the
stat.
made
an
.
23.
St.
23.
El.
10.
El.
hath
ordained
,
That
the
offendor
shall
forf.
for
euery
time
that
he
shall
so
hawke
or
hunt
,
without
consent
of
the
owner
of
the
corne
,
to
such
person
as
shal
be
owner
of
the
eared
or
codded
corne
,
xl
.
s.
32
If
any
person
shal
by
day
or
night
vnlawfully
,
without
authority
,
break
,
Oppression
by
taking
of
fish
.
cut
downe
,
cut
out
,
or
destroy
the
head
or
dam
of
any
pond
,
poole
,
moat
,
stagn
,
stewe
,
or
seuerall
pit
,
wherein
fish
shal
be
put
,
or
stored
by
the
owner
thereof
:
Or
shall
wrongfully
fish
in
any
of
the
said
seuerall
ponds
&c.
to
the
intent
to
destroy
,
kill
,
take
,
or
steale
away
any
of
the
same
fish
,
against
the
will
of
the
owner
or
possessor
thereof
,
not
hauing
lawfull
authority
so
to
do
,
this
is
an
oppression
to
the
said
owner
or
possessor
:
St.
5.
El.
21
and
therefore
by
the
stat.
of
an
5.
El.
it
is
enacted
,
That
the
offendor
being
lawfully
conuict
of
any
of
the
said
offences
,
at
the
suit
of
the
K.
or
the
party
grieued
,
shall
pay
to
the
party
grieued
his
treble
damages
,
suffer
imprisonment
3.
moneths
,
&
find
sufficient
surety
for
his
good
abearing
for
the
space
of
7.
yéeres
,
or
els
remain
in
prison
without
baile
or
main-prise
,
vntill
he
hath
found
such
surety
.
And
it
shal
be
lawfull
for
the
party
grieued
to
take
his
further
remedy
against
the
offendor
for
his
losse
&
damages
,
and
vpon
satisfaction
or
confession
of
the
dammages
,
to
release
the
offendor
of
the
suretiship
and
good
abearing
at
any
time
within
vij
.
yeares
.
33
I
will
draw
toward
an
end
of
this
title
of
Oppression
,
Oppression
by
decaying
o●
townes
&
houses
of
husbandry
.
with
one
of
the
greatest
and
most
durable
of
all
oppressions
,
viz.
with
oppression
by
pulling
downe
of
Towns
,
houses
of
Husbandry
,
and
decaying
of
Tillage
.
When
the
realme
ceased
to
be
oppressed
by
the
long
&
tedious
ciuile
warres
,
which
before
were
many
yéeres
continued
betwéene
the
ij
.
houses
of
Yorke
and
Lancaster
,
and
that
K.
Edward
the
fourth
had
ouerthrowne
Q.
Margaret
&
Prince
Edward
her
sonne
at
Tewksbury
field
,
&
setled
the
title
of
the
Crowne
,
&
planted
peace
in
the
Realme
,
then
some
men
of
stirring
spirits
diuerting
their
bloudy
humors
to
couetous
humors
,
pulled
downe
townes
,
&
laid
wast
houses
of
husbandry
,
thrusting
forth
of
dores
men
,
women
,
&
children
,
&
conuerting
the
same
to
their
owne
priuat
vses
:
which
offence
then
daily
increasing
(
though
it
were
but
in
Cunabilis
,
being
about
120.
yeres
sithence
)
was
so
bewailed
,
exclaimed
of
,
&
cried
out
vpon
in
open
parliament
,
that
the
same
may
in
a
sort
be
resembled
to
the
pitifull
lamentation
which
the
prophet
Ieremy
(
sitting
downe
wéeping
)
made
,
Threnae
Ierem.
after
the
temple
of
God
&
the
city
of
Hierusalem
were
destroyed
,
&
the
priests
,
Leuits
,
&
Elders
slaine
by
Nabuchadnezzar
K.
of
Babilon
:
Or
the
same
may
be
compared
to
those
wofull
miseries
&
calamities
which
the
prophet
Esay
foretold
should
after
fall
vpon
the
said
great
city
of
Babilon
:
Esay
13.
for
as
it
appeareth
by
the
stat.
of
an
.
4.
St.
4.
H.
7.
12
St.
7.
H.
8.
1.
H.
7.
12.
&
19.
&
7.
H.
8.
1.
it
was
then
holden
,
That
by
the
desolation
&
pulling
downe
of
houses
and
townes
,
and
laying
to
pasture
land
,
which
customably
hath
beene
manured
&
occupied
with
tillage
,
idlenesse
(
the
ground
and
beginning
of
all
mischiefes
)
doth
increase
:
men
,
women
,
and
children
,
that
were
dayly
occupied
,
and
liued
by
the
sowing
of
Corne
,
and
bréeding
of
Cattell
,
and
other
increase
,
were
diminished
:
husbandry
,
the
greatest
commodity
of
this
Realme
for
sustenance
,
was
decaied
,
Churches
were
destroyed
,
the
seruice
of
God
was
withdrawne
,
Christian
people
there
buried
are
not
praied
for
,
the
Patrons
and
Curats
were
wronged
,
Cities
and
market
towns
were
brought
to
great
ruine
and
decay
,
necessaries
for
mans
sustenance
were
made
scarce
and
deare
,
the
people
of
the
realme
were
sore
minished
,
the
power
&
defence
therof
was
féebled
&
decayed
,
to
the
high
displeasure
of
God
,
&
against
his
lawes
,
and
to
the
subuersion
of
the
Commonwealth
,
&
desolation
of
the
same
.
Which
grieuous
&
dolefull
mone
made
,
and
enormities
so
displaied
,
the
grand
counsell
of
this
realme
hauing
commiseration
vpon
,
did
indeuor
to
reforme
at
seuerall
parliaments
:
as
appeareth
by
the
stat.
of
An.
4.
H.
7.
12.
&
19.
Ann.
7.
H.
8.
1.
An.
27.
H.
8.
22.
An.
5.
E.
6.
6.
An.
2.
&
3.
P.
&
M.
8.
&
An.
5.
El.
2.
which
said
stat.
were
all
after
repealed
by
a
stat.
made
an
.
39.
St.
39.
El.
1
El.
And
then
by
the
same
stat.
it
was
enacted
,
That
euery
house
that
now
hath
(
viz.
24.
die
Octob.
an.
39
Reg.
El.
&
An.
Do.
1597.
Which
is
an
house
of
husbandry
.
)
or
heretofore
had
20.
acres
of
arable
land
,
meddow
,
and
pasture
,
or
more
therunto
belonging
,
and
so
occupied
or
letten
to
farme
by
the
space
of
3.
yéeres
together
,
at
any
time
sithence
the
beginning
of
the
Qu.
raigne
that
now
is
(
&
which
is
not
or
hath
not
bin
the
castle
or
dwelling
house
of
any
nobleman
or
gentleman
,
nor
the
chiefe
mansion
house
of
any
manor
)
is
and
shal
be
adiudged
a
house
of
husbandry
for
euer
:
and
all
acres
spoken
of
in
this
statute
,
shal
be
adiudged
acres
according
to
the
Statute
or
Ordinance
de
terris
mensurandis
.
Which
is
an
acre
of
land
.
And
euery
person
&
persons
,
bodies
politique
and
corporat
,
which
shall
offend
in
not
building
,
erecting
,
repairing
,
continuing
or
maintaining
of
houses
of
husbandry
,
according
to
the
purport
&
true
meaning
of
the
said
statute
,
The
forf.
for
not
building
a
house
of
husbandry
.
shall
,
for
euery
house
that
shal
not
be
erected
,
builded
,
repaired
,
continued
or
maintained
in
necessary
reparations
tenantable
,
according
to
the
intent
of
the
same
act
,
by
the
space
of
one
yéere
,
forf.
x.
l.
and
so
yéerely
x.
l.
vntill
the
same
shal
be
sufficiently
erected
,
continued
,
repaired
&c.
and
for
euery
acre
of
land
,
meddow
,
or
pasture
,
which
shal
not
be
laid
vnto
,
or
let
with
such
houses
of
husbandry
,
when
the
same
shal
be
demised
,
shal
forf.
for
euery
yéere
that
he
or
they
shal
so
offend
,
the
summe
of
x.
s.
as
long
&
as
often
as
such
acre
shall
not
in
those
respects
be
ordered
&
vsed
according
to
the
intent
of
this
act
:
of
which
forf.
the
K.
shal
haue
one
part
,
the
poore
of
the
parish
where
the
offence
was
committed
the
second
part
,
and
he
that
will
sue
in
any
of
the
K.
courts
of
record
at
Westminster
the
third
:
and
if
none
will
sue
,
them
the
K.
shal
haue
also
that
third
part
.
But
no
offendor
shall
be
impeached
or
sued
by
vertue
of
this
act
,
Within
what
time
the
suit
shal
be
presented
except
the
suit
be
brought
and
commenced
by
the
party
for
the
king
&
himselfe
,
within
2.
yeares
of
the
same
offence
done
:
but
where
the
suit
shal
be
prosecuted
for
the
K.
only
&c.
then
within
3.
yeeres
after
the
offence
done
.
Oppression
by
decay
of
Tillage
.
34
By
the
stat.
of
an
.
39.
El.
2.
it
was
ordained
,
St.
39.
El.
2
That
all
lands
and
grounds
which
now
are
vsed
in
tillage
,
or
for
tillage
,
hauing
bin
tillable
lands
,
fields
or
grounds
,
such
as
next
before
the
first
day
of
this
parliament
haue
béene
by
the
space
of
12.
yeres
together
at
the
least
vsed
in
tillage
,
or
for
tillage
,
according
to
the
nature
of
the
soile
,
&
course
of
husbandry
vsed
in
that
part
of
the
countrey
,
shall
not
be
conuerted
to
any
shéepe
pasture
,
or
to
the
grazing
or
fatting
of
cattel
by
the
occupiers
or
possessors
thereof
,
but
shall
according
to
the
nature
of
that
soile
,
&
course
of
husbandry
vsed
in
the
part
of
the
country
continue
to
be
vsed
in
tillage
,
and
for
tillage
for
corne
&
graine
,
&
not
for
wood
.
And
if
any
person
,
body
politique
or
corporat
shal
offend
against
the
premisses
,
them
the
offendor
shal
forf.
for
euery
acre
not
restored
or
not
continued
,
as
is
aforesaid
,
x.
s.
for
euery
yere
that
he
or
they
so
offend
,
to
be
diuided
into
3.
parts
,
&
then
to
be
distributed
as
is
aforesaid
,
so
that
the
suit
be
commenced
or
prosecuted
within
the
time
or
times
before
mentioned
.
I
haue
for
some
special
causes
herein
set
down
but
only
the
offences
&
penalties
mentioned
in
the
two
last
specified
stat.
of
an
.
39.
El.
1.
&
2.
Wherefore
the
two
last
stat.
bee
not
set
down
at
large
omitting
purposely
the
exceptions
,
reseruations
,
prouisoes
,
and
some
other
matters
in
the
same
.
35
As
Menaces
,
Assaults
,
Batteries
,
Imprisonments
,
Maihems
,
Riots
,
Routs
,
vnlawful
assemblies
,
Forgeries
,
Periuries
,
Maintenances
,
Deceits
,
Extortions
,
Oppressions
,
&
all
other
the
crimes
before
mentioned
,
haue
from
one
age
to
another
bin
noted
&
accused
as
maladies
in
the
common
wealth
,
and
adiudged
&
condemned
as
professed
enemies
to
the
peace
of
the
realme
,
and
by
seuerall
lawes
&
statutes
diuers
penalties
haue
bin
imposed
vpon
the
transgressors
thereof
,
in
a
measure
certaine
,
&
within
some
limits
:
So
the
prouidence
of
our
forefathers
sounding
déeper
into
the
corruption
of
mans
nature
,
&
foreséeing
that
sometime
his
cholerike
passions
,
&
turbulent
spirit
,
sometime
the
gall
and
bitternes
of
his
heart
,
sometime
his
couetous
&
insatiable
affections
,
&
eftsoons
his
secret
desires
&
deuices
of
reuenge
,
doe
carry
him
headlong
into
exorbitant
&
vnusuall
designments
&
practises
,
be
they
neuer
so
contrary
to
the
Lawes
of
God
,
of
Nature
,
&
Reason
,
&
in
seueral
degrées
further
than
our
said
lawmakers
did
then
either
fore-thinke
,
feare
,
or
by
particular
words
restraine
:
&
knowing
also
,
that
the
subtiltie
of
the
Serpent
(
and
of
men
of
the
serpents
nature
)
doth
excéed
the
other
beasts
of
the
field
:
haue
therefore
erected
&
established
the
most
honorable
Court
of
Starre-chamber
,
All
the
former
offences
punishable
in
the
Star-chamber
.
to
the
intent
that
the
wisedome
of
that
Court
,
authorized
partly
by
the
K.
prerogatiue
,
&
partly
by
seuerall
lawes
&
statutes
of
the
realme
,
might
search
forth
the
serpents
subtilty
,
and
vtterly
crush
&
dash
the
same
:
and
séeing
the
dead
letter
of
each
law
doth
ordaine
in
most
cases
but
one
kind
of
punishment
for
one
sort
of
offence
,
&
the
circumspection
of
the
makers
of
that
law
(
were
they
neuer
so
wise
or
experienced
)
could
not
foresée
all
the
circumstances
which
in
time
might
ensue
in
the
maner
of
transgressing
of
that
law
:
Therfore
the
lords
&
others
of
that
high
Court
,
being
now
the
speaking
law
,
&
representing
the
persons
of
the
dead
lawmakers
,
&
carefull
expositors
of
their
meanings
,
by
their
graue
foresights
&
déep
considerations
do
looke
into
those
offences
which
be
committed
contrary
to
the
same
lawes
,
do
search
into
euery
quarter
,
corner
,
&
circumstance
therof
,
&
do
pierce
through
the
very
bowels
&
intrailes
of
them
,
and
the
transgressors
thereof
:
as
what
persons
,
of
what
estate
,
St.
13.
H.
4.
7
St.
2.
H.
5.
8
degrée
,
ability
,
function
,
or
calling
committed
the
offence
,
to
whom
,
in
what
manner
,
in
what
place
,
at
what
time
,
before
whom
,
with
what
number
,
&
for
what
cause
the
same
was
done
,
&
then
do
inflict
punishment
vpon
the
transgressors
thereof
,
first
according
to
the
lawes
&
statutes
therfore
prouided
,
&
then
do
qualifie
or
aggrauate
the
same
,
according
to
the
circumstances
.
As
it
is
a
Riot
punishable
by
the
stat.
of
An.
13.
H.
4.
&
Ann.
2.
H.
5.
if
thrée
persons
,
or
more
,
do
assemble
together
,
and
beat
or
mayme
a
man
,
pull
downe
his
house
,
pale
,
or
ditch
wrongfully
&c.
so
if
a
great
number
of
meane
persons
,
of
small
ability
or
credit
,
shall
assault
a
péere
of
the
realme
,
or
a
Knight
,
or
Esquire
,
that
is
Custōs
Rotulorum
of
the
shire
,
or
a
Iustice
of
peace
and
Quorum
in
his
country
,
shall
strip
and
whip
him
,
shall
pull
downe
his
house
to
the
ground
,
shall
set
him
in
the
stockes
,
or
on
the
pillory
,
shall
beat
his
wife
and
children
,
kill
his
cattell
,
and
spoyle
his
corne
before
his
face
,
and
shall
vse
other
acts
and
wordes
of
infamie
and
disgrace
vnto
him
,
and
only
for
that
he
did
cause
some
lawfull
punishment
to
be
inflicted
vpon
certaine
of
them
for
their
crimes
:
notwithstanding
all
these
or
such
like
misdemeanors
,
be
neither
Treason
nor
Felony
by
the
Law
,
but
a
Riot
;
and
yet
in
respect
of
the
basenesse
of
the
parties
which
committed
this
wrong
,
of
the
cause
for
the
which
they
put
it
in
practise
,
of
the
worthinesse
of
the
person
,
and
of
his
place
,
vpon
whom
it
was
executed
,
of
the
barbarous
course
taken
in
the
performance
therof
,
of
the
perillous
example
giuen
to
other
malefactors
,
these
riotors
deserue
to
bée
censured
with
a
much
sharper
punishment
then
the
former
.
For
as
there
be
no
bounds
obserued
by
leud
and
wicked
persons
of
their
outrages
,
so
be
there
no
certaine
means
or
limits
assigned
of
their
punishments
;
but
the
said
most
honourable
Court
of
estate
may
draw
forth
his
Maiesties
sword
of
iustice
,
and
first
punish
the
said
offences
according
to
the
particuler
lawes
and
statutes
prouided
therfore
,
and
then
euery
person
transgressing
by
himselfe
,
according
to
the
circumstance
of
his
demerits
:
as
partly
may
appeare
by
the
statute
of
anno
3.
H.
7.
St.
3.
H.
7.
1.
which
expresseth
some
parts
of
the
authority
giuen
to
the
Lords
of
the
said
Court
,
and
more
by
a
branch
of
the
statute
of
Magna
Charta
,
whereby
it
is
enacted
,
St.
9.
H.
3.
14
That
euery
fréeman
shall
be
amerced
,
viz.
punished
for
reasonable
cause
,
&
according
to
the
quantity
of
his
offence
.
And
further
,
by
the
statute
of
Anno
33.
H.
8.
St.
33.
H.
8.
1
which
giueth
the
lords
of
the
said
Court
of
Starre-chamber
authority
to
punish
those
,
who
by
counterfeit
letters
or
tokens
shall
get
other
mens
goods
into
their
hands
,
by
imprisonment
,
setting
vpon
the
pillory
,
or
other
corporall
paine
whatsoeuer
(
except
death
.
)
❧
Treasons
.
1
CRimen
lesae
Maiestatis
,
What
is
Treason
.
in
our
English
tongue
called
Treason
,
is
a
great
offence
done
to
the
Maiesty
of
gouernement
and
the
peace
of
the
land
,
which
the
wisdome
of
this
Realme
hath
from
age
to
age
so
much
hated
and
abhorred
,
that
they
haue
persecuted
those
that
were
guiltie
therin
,
with
most
violent
and
vntimely
death
,
and
with
extreame
and
seuere
tortures
:
they
haue
ordained
,
that
an
offendor
therein
shall
be
hanged
,
and
cut
downe
aliue
,
that
his
bowels
shall
bée
cut
off
,
and
burned
in
his
sight
,
that
his
head
shall
bée
seuered
from
his
bodie
,
that
his
quarters
shall
bée
diuided
asunder
,
and
disposed
at
the
Kings
pleasure
,
and
made
food
for
the
birds
of
the
aire
,
or
the
beasts
of
the
field
,
and
that
his
wife
and
children
shall
be
thrust
out
of
his
house
and
liuings
,
that
his
séed
and
blood
shall
be
corrupted
,
that
his
lands
and
goods
shall
be
confiscated
,
and
(
as
by
the
statute
of
29.
H.
6.
1.
it
is
ordained
of
the
Traitor
Iohn
Cade
)
he
shall
be
called
a
false
Traytor
for
euer
.
And
as
our
respectiue
and
considerat
forefathers
haue
deuised
to
yéeld
vnto
those
grieuous
offendors
Legem
talionis
,
and
to
teare
their
bodies
,
lands
,
and
goods
,
who
doe
practise
to
rent
and
pull
asunder
this
Maiestie
of
gouernement
,
by
destroying
the
head
,
or
such
as
are
like
to
be
the
principall
succéeding
members
thereof
,
or
by
diuiding
the
bodie
into
parts
,
or
by
weakning
the
force
and
strength
thereof
,
or
by
subuerting
the
chiefe
Magistrats
of
iustice
,
or
by
counterfeiting
,
staining
,
or
blemishing
of
the
peculiar
and
royall
Ensignes
,
Cognisances
,
and
Sinewes
thereof
:
so
haue
they
béene
carefull
and
prouident
,
that
there
should
be
no
greater
number
of
those
dreadfull
,
sharpe
,
and
bitter
lawes
,
than
vrgent
necessitie
,
for
the
preseruation
of
that
Maiestie
of
gouernment
required
.
And
because
it
was
in
former
times
greatly
doubted
,
and
ofttimes
called
in
question
amongst
the
Sages
of
the
Realme
,
and
learned
in
the
lawes
,
which
offences
were
by
the
common
law
high
Treason
,
and
which
not
,
and
which
were
petit
Treason
,
and
which
not
,
and
seuerall
men
were
of
seuerall
opinions
therein
,
and
to
the
intent
that
al
future
ages
might
know
,
and
be
more
vigilant
to
eschew
the
penalties
thereof
,
King
Edward
the
third
at
his
Parliament
begun
at
Westminster
the
thirtéenth
day
of
Ianuarie
,
St.
25.
E.
3.
2
in
the
25.
yere
of
his
raign
,
at
the
request
of
his
Lords
,
and
petition
of
his
Commons
,
made
a
declaration
thereof
in
manner
as
hereafter
followeth
,
viz.
It
is
high
Treason
where
a
man
doth
compasse
,
High
treason
.
or
imagin
the
death
of
our
Soueraigne
Lord
the
King
,
or
of
our
Ladie
the
Quéene
his
wife
,
or
of
their
eldest
sonne
and
heire
,
or
if
a
man
doth
deflower
the
Kings
wife
,
or
the
Kings
eldest
daughter
,
being
vnmaried
,
or
the
kings
eldest
sonne
and
heires
wife
:
or
if
a
man
doe
leuie
warre
against
our
Lord
the
king
in
his
Realme
,
or
be
adherent
to
the
kings
enemies
in
his
Realme
,
giuing
to
them
aid
and
comfort
in
his
Realme
,
or
else
where
,
and
thereof
be
probably
attainted
of
open
deed
,
by
people
of
their
owne
condition
:
And
if
a
man
do
counterfeit
the
Kings
great
Seale
,
or
his
priuie
Seale
,
or
his
money
(
which
offences
Bracton
doth
terme
Crimen
falsi
)
And
if
a
man
bring
false
money
into
this
Realme
,
counterfeit
to
the
money
of
England
,
knowing
the
money
to
be
false
,
Bracton
de
Corona
,
cap.
3.
to
marchandise
,
or
make
paiment
,
in
deceit
of
our
Lord
the
King
,
and
his
people
:
And
if
a
man
kill
the
Chauncellor
,
Treasurer
,
or
the
Kings
Iustice
of
the
one
Bench
or
the
other
,
Iustices
of
Eire
,
and
of
Assises
,
and
all
other
Iustices
assigned
to
heare
and
determine
,
beeing
in
their
places
doing
their
Offices
.
And
it
is
to
bée
vnderstood
,
that
in
the
cases
aforesaid
it
ought
to
bee
adiudged
Treason
,
which
extendeth
to
our
Lord
the
King
and
his
royall
Maiestie
.
And
of
such
Treason
the
forfeiture
of
the
escheat
doth
appertaine
to
our
Lord
the
King
,
as
well
of
the
lands
and
tenements
holden
of
others
,
as
of
himselfe
.
And
moreouer
there
is
another
manner
of
Treason
,
Petit
treason
.
that
is
to
say
,
When
a
seruant
killeth
his
Master
,
or
a
wife
her
husband
:
or
when
a
secular
or
religious
man
killeth
his
Prelat
,
to
whom
he
oweth
faith
and
obedience
.
And
such
manner
of
Treason
giueth
the
escheats
to
euery
Lord
of
his
owne
fée
.
And
because
many
other
cases
of
like
Treason
may
happen
in
time
to
come
,
which
a
man
cannot
thinke
of
,
nor
declare
at
this
present
:
It
is
accorded
,
that
if
any
other
case
supposed
to
be
treason
,
that
is
not
before
specified
,
doth
happen
of
new
before
Iustices
,
the
Iustices
shall
stay
without
proceeding
to
iudgement
of
Treason
,
vntill
the
case
be
declared
and
shewed
before
the
King
and
his
Parliament
,
whether
it
ought
to
be
adiudged
Treason
,
or
other
Felonie
.
And
in
case
any
man
of
this
Realme
doe
ride
armed
,
openly
or
secretly
,
with
people
armed
,
against
another
,
for
to
kill
or
rob
him
,
or
to
take
and
detaine
him
vntill
he
hath
made
fine
and
ransome
to
be
deliuered
,
it
is
not
the
King
or
his
Counsels
wil
,
that
in
such
case
it
shall
be
adiudged
Treason
,
but
it
shall
be
adiudged
Felonie
or
Trespasse
,
according
to
the
law
of
the
land
in
auncient
time
vsed
,
and
according
as
the
case
doth
require
.
And
if
in
such
case
,
or
any
like
,
the
Iustices
haue
adiudged
it
Treason
before
this
time
,
and
there
by
the
offendors
lands
and
tenements
haue
come
into
the
kings
hands
as
forfeit
,
the
chiefe
Lords
of
the
fée
shal
haue
their
Escheats
of
those
tenements
which
be
holden
of
them
,
whether
the
same
tenements
be
in
the
hands
of
the
King
,
or
of
any
other
,
by
gift
,
or
in
other
manner
(
sauing
to
our
Lord
the
King
the
yeare
and
wast
,
and
the
forfeiture
of
the
chattels
which
doe
belong
vnto
him
in
the
cases
aforesaid
.
)
And
in
such
cases
writs
of
Scire
facias
shal
be
awarded
against
the
tenants
of
the
land
,
without
any
other
originall
,
and
without
allowing
the
kings
protection
in
the
same
suit
.
And
touching
those
lands
which
be
in
the
kings
hands
,
there
shal
be
writs
granted
to
the
Sherifes
of
the
Counties
where
the
lands
be
,
to
deliuer
them
out
of
the
kings
hands
without
delay
.
2
By
which
statute
it
doth
appeare
that
there
be
two
sorts
of
Treason
by
the
auncient
common
lawes
of
this
Realme
,
viz.
High
Treason
,
and
Petit
Treason
;
High
treason
.
High
Treason
when
any
of
the
grieuous
offences
aforesaid
be
done
,
or
attempted
to
the
vniuersall
and
generall
Maiestie
of
gouernment
,
that
is
to
say
,
to
the
bodie
of
the
whole
Commonwealth
,
or
to
the
King
,
the
head
,
ruler
,
and
directer
thereof
,
Petit
treason
.
in
his
person
,
wife
,
issues
,
or
authoritie
.
Petit
Treason
is
when
the
bloudie
and
grieuous
offence
of
wilfull
murder
is
done
and
committed
by
an
inferiour
person
,
and
one
in
subiection
to
another
,
that
hath
a
dominion
,
or
a
kind
of
Maiestie
in
gouernment
ouer
the
same
partie
.
And
though
sithence
the
before
mentioned
Statute
of
25.
Ed.
3.
diuers
other
offences
haue
béene
made
Treason
by
the
Statutes
of
21.
R.
2.
3.
H.
5.
4.
H.
5.
8.
H.
6.
14.
H.
6.
20.
H.
6.
4.
H.
7.
22.
H.
8.
26.
H.
8.
27.
H.
8.
28.
H.
8.
31.
H.
8.
32.
H.
8.
33.
H.
8.
35.
H.
8.
&
1.
Ed.
6.
yet
euerie
of
the
succéeding
ages
were
soone
wearie
of
the
sayd
new
Treasons
,
and
thought
that
the
grieuous
paines
and
most
hainous
punishments
of
them
were
too
heauy
and
vnsupportable
for
the
Subiects
of
this
Realme
to
endure
.
As
the
Lords
and
Commons
in
the
Parliament
holden
Anno
4.
St.
4.
H.
4.
10
H.
4.
10.
did
complaine
,
that
diuers
paines
were
ordained
to
be
Treason
by
the
statute
of
21.
R.
2.
insomuch
that
no
man
did
know
how
he
ought
to
behaue
himselfe
,
to
doe
,
to
speake
,
or
say
,
for
doubt
of
such
paines
:
and
thereupon
it
was
enacted
,
That
in
no
time
to
come
any
treason
shall
bée
adiudged
otherwise
,
than
was
ordained
by
the
Statute
of
25.
Ed.
3.
And
long
time
after
,
the
makers
of
the
statute
of
Anno
1.
Mar.
considering
and
rehearsing
,
that
the
state
of
euerie
King
,
Ruler
,
and
Gouernour
of
any
Realme
,
Dominion
,
or
Comminaltie
,
consisteth
more
assured
by
the
loue
and
fauour
of
the
subiects
towards
their
Gouernour
,
than
in
the
dread
and
feare
of
lawes
made
with
rigorous
paynes
,
and
extreame
punishment
:
and
that
lawes
iustly
made
for
the
preseruation
of
the
Commonwealth
,
without
extreame
punishment
or
great
penaltie
,
are
more
often
obeyed
and
kept
,
than
lawes
and
statutes
made
with
great
and
extreame
punishments
;
and
in
speciall
such
lawes
and
statutes
so
made
,
whereby
not
only
the
ignorant
,
vnlearned
,
and
rude
people
,
but
also
learned
and
expert
persons
minding
honestie
,
are
often
trapped
and
snared
,
yea
many
times
for
words
only
,
without
any
other
fact
or
déed
done
or
perpetrated
:
and
therefore
to
the
intent
that
the
seueritie
of
such
like
extreame
,
dangerous
,
and
perillous
laws
might
be
abolished
,
A
repeale
of
former
treasons
.
and
adnulled
,
St.
1.
M.
by
the
said
statute
of
Anno
1.
M.
Parl.
1.
it
was
ordained
,
That
from
thenceforth
none
act
,
déed
,
or
offence
,
being
by
act
of
Parliament
or
stat.
made
Treason
,
Petit
Treason
,
or
Misprision
of
Treason
,
by
words
,
writing
,
ciphering
déeds
,
or
otherwise
whatsoeuer
,
shal
be
taken
,
had
,
déemed
,
or
adiudged
to
bee
High
treason
,
Petit
treason
,
or
Misprision
of
treason
,
but
only
such
as
be
declared
&
expressed
to
be
high
Treason
,
Petit
treason
,
or
Misprision
of
Treason
,
in
or
by
the
stat.
of
25.
E.
3.
concerning
Treason
,
or
the
declarations
of
Treasons
,
and
none
other
:
Nor
that
any
paines
of
death
,
penalty
,
or
forfeiture
in
any
wise
ensue
,
or
be
to
any
offendor
or
offendors
,
for
the
doing
or
committing
of
any
Treason
,
Petit
Treason
,
or
Misprision
of
Treason
,
other
than
such
as
bée
in
the
said
stat.
of
25.
E.
3.
ordained
and
prouided
.
By
force
of
which
stat.
made
Anno
1.
M.
the
subiects
of
this
Realme
were
eased
and
vnburdened
of
al
acts
,
déeds
,
and
offences
,
made
or
declared
to
be
treason
,
by
the
space
of
two
hundred
and
more
years
before
:
Or
as
it
may
more
aptly
be
said
of
all
offences
made
Treason
by
any
stat.
or
act
of
parliament
whatsoeuer
.
But
sithence
the
stat.
of
repeale
made
Anno
1.
M.
there
haue
béen
diuers
other
offences
made
or
declared
to
be
treason
by
the
stat.
of
An.
1.
M.
6.
1.
&
2.
P.
&
M.
11.
5.
El.
11.
18.
Offences
made
treason
by
Statutes
.
El.
1.
5.
El.
1.
13.
El.
2.
23.
El.
1.
27.
El.
2.
&
3.
Iac.
4.
whereof
the
first
foure
were
but
as
an
addition
,
augmentation
,
enlargement
,
or
exposition
of
the
before
specified
Treasons
ordained
by
the
common
law
,
or
declared
by
the
foresaid
stat.
of
25.
E.
3.
All
which
said
last
mentioned
Treasons
I
will
set
downe
and
expresse
verbatim
,
after
I
haue
somewhat
more
particularly
expressed
how
the
Sages
and
Iudges
of
this
Realme
haue
construed
and
expounded
seueral
branches
of
the
said
statute
of
explanation
made
Anno
25.
Ed.
3.
3
The
foresaid
statute
of
25.
Ed.
3.
doth
confirme
it
to
be
high
treason
,
for
any
person
to
compasse
or
imagine
the
death
of
our
Soueraigne
Lord
the
K.
the
Quéen
,
&c.
by
which
words
it
doth
approue
what
a
great
regard
and
reuerend
respect
the
common
law
hath
alwayes
had
to
the
person
of
the
K.
which
it
hath
endeuored
religiously
&
carefully
to
preserue
,
as
a
thing
consecrated
by
almightie
God
,
and
by
him
ordained
,
to
be
the
head
,
health
,
&
wealth
of
the
kingdome
,
and
therefore
it
hath
ingrafted
a
déepe
and
setled
feare
in
the
hearts
of
all
sorts
of
subiects
,
to
offer
violence
or
force
vnto
it
,
vnder
the
paine
of
high
treason
;
Leges
Aluredi
cap.
4.
Co.
li.
4.
124
in
somuch
as
if
he
that
is
non
compos
mentis
do
kil
,
or
attempt
to
kill
the
K.
it
shal
be
adiudged
in
him
high
treason
,
though
if
he
do
commit
petit
treason
,
homicide
,
or
larceny
,
it
shall
not
be
imputed
vnto
him
as
felonie
,
for
that
hee
knew
not
what
he
did
,
neither
had
he
malice
prepenced
,
nor
a
felonious
intent
.
And
this
law
doth
not
only
restrain
al
persons
from
laying
violent
hands
vpon
the
person
of
the
K.
but
also
by
preuention
it
doth
inhibit
them
so
much
as
to
compasse
or
imagin
,
Compassing
or
imagining
the
death
of
the
K.
&c.
or
to
deuise
or
thinke
in
their
hearts
to
cut
off
by
violent
or
vntimely
death
,
the
life
of
the
K.
Qu.
&c.
for
the
only
compassing
or
imagination
,
Bracton
de
Corona
,
cap.
3.
without
bringing
it
to
effect
,
is
High
treason
,
because
that
compassing
and
imagination
doth
procéed
from
false
and
traiterous
hearts
,
and
out
of
cruell
,
bloudy
,
and
murdering
minds
.
19.
H.
6.
47.
13.
H.
8.
13.
Co.
li.
1.
28.
But
séeing
compassing
&
imagination
is
a
secret
thing
lying
hidden
in
the
breast
of
man
,
and
cannot
bee
knowne
but
by
an
open
fact
or
déed
,
it
is
requisit
to
haue
some
thing
or
means
to
notifie
the
same
to
others
,
before
it
can
be
discouered
and
punished
:
and
therfore
if
it
be
vttered
by
words
it
is
a
sufficient
signification
therof
.
Conspiracy
by
diuers
,
executed
by
some
of
them
.
If
two
,
thrée
,
or
more
,
P.
1.
M.
Dyer
98.
Co.
li.
1.
28.
doe
conspire
to
commit
High
treason
,
as
to
compasse
or
imagin
the
kings
death
,
or
to
leuie
warre
,
and
some
of
them
after
do
commit
and
execute
it
,
this
is
High
treason
in
them
all
by
the
common
law
.
Leuying
of
war
,
or
adhering
to
the
K.
enemies
.
4
And
because
by
the
said
statute
of
25.
E.
3.
it
is
declared
to
be
High
treason
,
to
leuie
warre
against
the
king
in
his
Realme
,
or
to
be
adherent
to
his
enemies
,
aiding
them
in
his
Realme
,
or
elsewhere
:
13.
Eliz.
Dyer
298.
therefore
if
a
subiect
borne
of
this
Realme
being
beyond
the
seas
,
doth
practise
with
a
prince
or
gouernor
of
another
countrey
to
inuade
this
Realme
with
great
power
,
and
doe
declare
,
where
,
how
,
and
by
what
meanes
the
inuasion
may
best
bee
made
,
it
is
High
treason
:
for
an
inuasian
with
great
power
cannot
be
,
but
of
likelyhood
it
will
tend
to
the
destruction
or
great
perill
of
the
K.
and
hurt
to
the
Realme
:
&
moreouer
the
said
offendor
hath
manifested
himselfe
to
be
adherent
to
the
K.
enemy
and
to
aid
him
with
his
counsell
,
though
not
in
the
Realme
,
yet
elsewhere
.
And
this
offence
shal
be
tryed
in
the
K.
Bence
,
The
tryall
of
his
offence
.
or
elsewhere
,
before
such
commissioners
,
and
in
such
countie
,
as
the
king
by
commission
shal
appoint
,
according
to
the
stat.
of
35.
H.
8.
2.
If
a
man
do
confederat
with
others
to
destroy
the
King
,
Co.
li.
1.
28
subuert
the
realme
,
and
to
aduance
a
rebell
to
be
king
,
and
doe
indeuor
by
such
friends
&
meanes
as
he
can
to
put
the
same
in
practise
,
this
is
high
treason
,
and
he
shall
suffer
death
,
and
forfeit
,
as
in
case
of
High
treason
.
And
if
a
man
accompanied
with
a
conuenient
number
of
persons
,
do
ride
towards
the
king
,
21.
Ed.
3.
23.
to
help
him
in
his
wars
,
&
another
doth
encounter
him
,
and
kill
him
,
this
is
high
treason
,
for
he
doth
leuie
warre
against
the
king
,
who
doch
incounter
in
fight
such
as
be
assisting
to
the
king
in
his
wars
,
and
he
is
adherent
,
and
giueth
comfort
to
the
K.
enemies
,
who
in
open
field
giueth
battell
to
the
K.
friends
,
for
taking
he
K.
part
.
Before
the
foresaid
stat.
of
25.
E.
3.
it
was
adiudged
Treason
to
kill
the
K.
messenger
,
22.
Ass.
p.
49
who
was
sent
to
execute
his
commandement
.
5
And
though
the
words
of
the
foresaid
stat.
of
25.
E.
3.
be
,
Counterfeiting
the
kings
Seale
.
That
it
is
High
Treason
for
a
man
to
counterfeit
the
K.
great
seale
,
or
his
priuie
seale
,
yet
the
law
doth
construe
it
a
counterfeiting
of
the
great
seal
,
2.
H.
4.
26.
40.
Ass.
p.
33
to
take
the
waxe
printed
with
the
great
seale
,
to
affixe
it
to
a
writing
made
in
the
K.
name
,
and
to
vse
it
as
the
kings
commission
,
to
gather
money
of
the
kings
people
,
though
this
is
not
making
or
counterfeiting
of
a
new
seale
,
but
the
abusing
of
an
old
seale
,
to
remoue
it
from
one
Patent
to
another
,
and
thereby
to
abuse
the
K.
prerogatiue
and
authoritie
,
and
to
exact
money
of
his
subiects
.
And
so
though
the
letter
of
the
law
be
not
infringed
,
A.
37.
H.
8.
Brooke
Treason
3
yet
the
meaning
of
the
law
,
which
is
the
essence
and
substance
of
the
law
,
is
broken
;
wherefore
the
offendor
shal
be
punished
in
this
case
as
a
traitor
:
And
yet
when
a
Chaplein
had
affixed
an
old
seale
of
the
kings
to
a
Patent
of
Non-residence
,
it
was
adiudged
but
Misprision
of
treason
,
and
not
High
treason
.
And
notwithstanding
that
in
the
foresaid
stat.
of
25.
Ed.
3.
Consenters
&
aiders
to
treason
.
there
is
no
mention
made
of
any
consenters
or
aiders
to
this
counterfeiting
,
yet
the
consenters
and
aiders
be
taken
to
be
within
the
puruiew
of
this
stat.
for
in
that
they
be
aiders
and
consenters
to
a
treason
,
19.
H.
6.
47.
they
be
offendors
,
and
in
treason
all
the
offendors
be
principals
,
and
none
accessarie
,
and
therefore
they
be
principall
traitors
in
this
fact
.
6.
H.
7.
13.
1.
R.
3.
1.
6
And
whereas
it
appeareth
by
the
foresaid
stat.
of
Anno
25.
E.
3.
Counterfeiting
,
but
not
vttering
of
false
money
.
that
if
a
man
do
counterfeit
or
forge
the
K.
money
,
it
shall
be
Treason
;
the
meaning
of
the
said
law
is
,
that
the
counterfeiting
or
forging
of
the
sayd
money
,
shall
bee
construed
and
expounded
Treason
,
although
the
offendor
doth
not
vtter
the
same
in
paiment
:
for
the
K.
by
his
prerogatiue
royall
,
hath
the
onely
authority
to
coyne
money
,
and
to
make
the
price
or
value
of
the
quantitie
thereof
,
and
to
set
a
seale
therupon
.
3.
H.
7.
10.
11.
Eliz.
Dyer
266.
But
if
false
mony
be
made
within
the
Realm
,
in
Ireland
,
or
any
the
Dominions
thereof
,
and
another
knowing
thereof
doth
vtter
it
in
paiment
,
he
committeth
not
high
treason
,
but
misprision
of
treason
.
And
the
receiuing
,
helping
,
and
comforting
of
him
which
hath
coyned
money
of
false
mettall
like
to
the
money
of
England
,
knowing
him
to
haue
coyned
it
,
is
but
misprision
of
treason
.
23.
Ass.
p.
2
A
woman
that
did
coine
money
before
the
foresaid
stat.
of
25.
E.
3.
was
adiudged
a
traitor
,
and
burned
for
the
same
,
which
doth
prooue
,
that
the
said
offence
,
amongst
the
others
before
rehearsed
,
was
high
treason
by
the
common
law
,
and
not
newly
ordained
by
that
stat.
He
who
coineth
money
by
warrant
doth
abuse
it
.
If
he
which
doth
coine
money
by
the
kings
warrant
in
the
tower
of
London
,
3.
H.
7.
10.
or
elsewhere
,
maketh
it
lesse
in
weight
by
much
than
the
old
and
antient
ordinance
,
or
coyneth
false
mettal
,
it
is
high
treason
in
him
:
But
yet
they
which
do
vtter
it
in
paiment
to
the
K.
subiects
within
the
Realme
be
not
traitors
,
for
it
is
in
them
onely
Misprision
of
Treason
.
7
And
whereas
the
words
of
the
foresaid
stat.
of
25.
E.
3.
be
,
Petit
treason
.
That
there
is
another
manner
of
Treason
,
when
a
seruant
killeth
his
Master
,
&c.
although
there
be
therein
no
mention
made
of
the
Mistresse
;
yet
if
a
man
or
woman
seruant
do
kill
his
or
her
Mistresse
or
Dame
,
A
seruant
killeth
his
Master
or
Mistresse
.
it
is
Petit
treason
,
19.
H.
6.
47.
12.
Ass.
p.
30
and
within
the
puruiew
and
meaning
of
the
said
stat.
though
it
be
not
within
the
letter
thereof
,
and
it
was
Petit
Treason
by
the
common
law
:
for
the
seruant
is
retained
to
serue
as
well
the
one
as
the
other
,
and
to
be
obedient
as
well
to
the
one
as
to
the
other
,
and
one
of
them
hath
affiance
in
the
seruant
as
wel
as
the
other
.
And
if
a
seruant
kill
his
Master
after
he
is
out
of
seruice
,
33.
Ass.
p.
7
Co.
li.
1.
99.
if
it
be
vpon
a
premeditat
malice
conceiued
against
him
during
the
time
that
he
was
in
seruice
,
it
is
petit
Treason
:
for
the
execution
of
the
fact
doth
respect
and
looke
backe
to
the
originall
cause
,
which
was
the
malice
the
seruant
conceiued
against
his
Master
when
he
was
his
seruant
.
If
a
seruant
do
procure
one
to
kill
his
Master
,
40.
Ass.
p.
25
who
doth
kill
him
in
the
seruants
presence
,
this
is
petit
Treason
in
the
seruant
:
but
if
he
do
kill
him
in
the
seruants
absence
,
then
is
it
not
petit
Treason
in
the
seruant
,
but
he
is
accessory
to
murder
.
2.
&
3.
P.
&
M.
Dy.
128
A
woman
seruant
conspired
with
a
stranger
to
rob
her
Mistresse
,
and
at
a
time
appointed
in
the
night
she
did
let
him
into
the
house
,
and
led
him
to
the
bed
with
a
candle
,
where
her
Mistresse
lay
sléeping
,
&
the
same
stranger
killed
her
Mistresse
in
her
bed
,
the
seruant
saying
or
doing
nothing
,
but
holding
the
candle
:
in
this
case
the
seruant
committed
petit
Treason
,
and
was
adiudged
a
principall
therein
,
though
the
partie
who
did
the
bloudy
fact
,
The
wife
conspireth
with
another
to
kill
her
husband
.
was
but
a
murderer
.
P.
16.
Eliz.
Dyer
332.
If
a
wife
and
a
seruant
do
conspire
to
kill
the
husband
,
and
appoint
a
time
and
place
for
it
,
and
the
seruant
killeth
the
husband
in
the
wiues
absence
,
this
is
petit
Treason
in
them
both
,
though
the
wife
bée
absent
:
and
yet
the
law
is
otherwise
if
he
be
not
a
seruant
,
but
a
stranger
:
for
if
a
woman
procure
a
stranger
to
kil
her
husband
,
which
he
doth
in
her
absence
,
she
shal
be
hanged
and
not
burned
,
for
that
the
principall
offendor
was
a
murderer
,
and
not
a
Traitor
,
as
the
seruant
was
in
the
former
case
.
4.
Ass.
p.
25.
And
so
abettors
and
procurers
,
Abettors
and
procurers
in
petit
Treason
be
within
this
part
of
the
stat.
touching
petit
Treason
,
although
they
are
not
expresly
named
within
the
letter
of
the
statute
.
The
son
killeth
father
or
mother
.
8
Some
do
affirme
it
to
be
petit
Treason
in
the
sonne
,
or
daughter
,
21.
Ed.
3.
17.
to
kill
the
father
or
mother
,
and
some
others
doe
not
thinke
it
to
bée
so
,
vnlesse
the
father
or
mother
doe
at
the
same
time
giue
meat
and
drinke
to
that
sonne
or
daughter
which
doth
kill
him
,
or
her
,
as
to
a
seruant
,
and
so
,
that
the
Treason
should
be
in
respect
of
the
duetie
of
seruice
broken
,
and
not
of
duetie
of
nature
violated
.
Breaking
of
prison
.
9
It
is
Petit
Treason
if
a
man
outlawed
of
felonie
,
1.
H.
6.
5.
and
imprisoned
in
the
K.
Bench
,
be
attainted
for
breaking
of
prison
,
and
letting
at
libertie
such
persons
as
were
there
imprisoned
for
Treason
,
and
the
offendor
shalb●
drawn
and
hanged
.
An
Indictor
doth
discouer
counsell
.
And
it
hath
béene
adiudged
petit
Treason
in
some
age
,
27.
Ass.
p.
6●
and
felony
in
another
age
,
S.
Felonie
&c.
15.
for
one
of
the
indictors
to
discouer
the
K.
counsell
and
his
fellowes
:
but
sithence
it
hath
béene
taken
onely
as
finable
to
the
King
.
Treasons
by
Statutes
.
10
Besides
the
before
mentioned
offences
which
be
explained
to
be
Treasons
by
the
common
lawes
of
this
realme
,
and
besides
all
the
offences
aforesaid
,
which
were
made
Treason
by
the
seuerall
stat.
before
rehearsed
,
and
after
repealed
by
the
foresaid
stat.
of
An.
1.
M.
there
haue
béen
sithence
that
time
seuerall
other
offences
made
high
Treason
by
seueral
stat.
which
I
wil
set
down
in
order
as
they
were
made
,
and
,
as
néere
as
I
can
gather
,
expresse
the
causes
why
they
were
made
.
For
as
much
as
by
the
lawes
of
this
Realme
small
and
no
due
and
condigne
punishment
was
before
prouided
for
such
euill
disposed
persons
,
as
shold
counterfeit
or
forge
such
kind
of
gold
or
siluer
of
other
realms
,
as
is
not
the
proper
coine
of
this
realm
,
and
yet
permitted
by
the
Quéens
consent
,
and
heretofore
suffered
by
her
progenitors
to
be
currant
in
paiment
within
this
realme
:
nor
for
such
persons
as
shold
counterfeit
the
Quéens
signe
manuall
,
St.
1.
M.
6.
her
priuie
signet
,
or
her
priuie
seale
,
therfore
by
a
stat.
made
An.
1.
M.
6.
it
was
enacted
,
Forging
the
coins
of
other
realms
currant
in
this
realme
That
if
any
person
or
persons
shall
hereafter
falsly
forge
or
counterfeit
any
such
kind
of
gold
or
siluer
,
as
is
not
the
proper
coine
of
this
realme
,
and
is
or
shal
be
currant
within
this
realme
by
the
consent
of
the
Q.
her
heires
or
successors
:
or
if
any
person
or
persons
at
any
time
hereafter
,
doe
falsly
forge
or
counterfeit
the
Qu.
signe
manuall
,
priuie
signet
,
or
priuie
seale
,
Forging
the
Kings
signet
Manuall
,
&c.
that
then
euery
such
offence
shal
be
déemed
&
adiudged
high
treason
,
&
the
offendors
therein
,
their
counsellors
,
procurers
,
aiders
,
and
abettors
,
being
conuict
according
to
the
lawes
of
this
realme
,
of
any
the
said
offences
,
shall
be
likewise
déemed
and
adiudged
Traitors
against
the
Qu.
her
heires
and
successors
,
and
the
realme
,
and
shall
suffer
and
haue
such
paines
of
death
,
forf.
of
lands
,
goods
,
and
cattels
,
and
lose
the
priuiledge
of
all
Sanctuarie
,
as
in
case
of
high
Treason
is
vsed
and
ordained
.
11
Where
sundrie
coynes
of
gold
and
siluer
of
other
realms
,
not
being
the
proper
coine
of
this
realme
of
England
,
and
by
the
sufferance
of
the
K.
and
Q.
be
currant
in
paiment
within
this
realm
,
many
euil
disposed
persons
for
their
owne
corrupt
lucre
,
did
bring
into
this
realme
from
the
parts
beyond
the
sea
,
great
quantitie
of
forged
and
counterfeit
money
,
like
to
the
said
coine
of
other
forreine
realmes
,
and
did
vtter
the
same
by
marchandises
,
and
otherwise
,
to
diuers
subiects
of
this
realme
,
to
their
great
damage
,
for
that
there
was
not
any
sufficient
law
then
prouided
,
for
the
condigne
punishment
of
the
offendors
in
that
behalfe
,
St.
1.
&
2.
P.
&
M.
11.
therfore
by
a
stat.
made
An.
1.
&
2.
P.
&
M.
it
was
established
,
That
if
any
person
or
persons
shal
bring
from
the
parts
beyond
the
sea
into
this
realme
,
or
into
any
of
the
dominions
of
the
same
,
Bringing
in
of
counterfeit
money
.
any
such
false
and
counterfeit
coine
of
money
being
currant
within
this
realme
,
as
is
aforesaid
,
knowing
the
same
coine
or
mony
to
be
false
&
counterfeit
,
to
the
intent
to
vtter
or
make
paiment
with
the
same
within
this
realme
,
or
any
the
dominions
of
the
same
,
by
marchandizing
,
or
otherwise
,
then
all
&
euery
such
person
or
persons
so
offending
,
as
is
aforesaid
,
their
counsellors
,
procurers
,
aiders
,
and
abettors
,
in
that
behalfe
,
shal
be
déemed
and
adiudged
to
be
offendors
in
high
Treason
,
and
shall
suffer
(
after
lawfull
conuiction
or
attainder
thereof
)
such
paines
of
death
,
losse
and
forf.
of
lands
,
goods
,
and
cattels
,
as
other
offendors
shall
do
in
cases
of
high
Treason
.
And
all
&
euery
person
and
persons
,
By
what
euidence
an
offendor
shal
be
indicted
or
attainted
.
that
shal
be
accused
or
impeached
of
any
of
the
offences
contained
and
prouided
for
in
this
stat.
or
of
any
other
offence
or
offences
,
concerning
the
impairing
,
counterfeiting
,
or
forging
of
any
coin
currant
within
this
realme
,
shal
and
may
be
indicted
,
conuicted
,
or
attainted
by
such
like
euidence
,
&
in
such
manner
and
forme
,
as
hath
béene
vsed
within
this
realme
at
any
time
before
Anno
1.
Ed.
6.
Any
Statute
,
custome
,
law
,
&c.
notwithstanding
.
12
Because
diuers
false
and
euill
disposed
persons
,
for
wicked
lucre
&
gains
sake
,
did
diminish
impaire
,
and
falsifie
the
money
and
coynes
currant
within
this
Realme
,
Clipping
,
washing
,
rounding
or
filing
of
money
.
by
clipping
,
washing
,
rounding
,
and
filing
therof
,
to
the
dishonor
of
the
Quéene
,
and
losse
of
the
subiects
of
this
Realme
:
for
the
remedy
wherof
by
a
stat.
made
An.
5.
El.
it
was
enacted
,
That
clipping
,
washing
,
rounding
,
St.
5.
El.
11.
or
filing
for
wicked
lucre
or
gaines
sake
,
of
any
the
proper
monies
or
coynes
of
this
realme
,
or
the
dominions
therof
,
or
of
the
monies
or
coines
of
any
other
realme
,
allowed
and
suffered
to
be
currant
within
this
realme
,
or
the
dominions
thereof
,
at
this
present
,
or
that
hereafter
at
any
time
shal
be
the
lawful
monies
or
coines
of
this
realme
,
or
the
dominions
thereof
,
or
of
any
other
realme
,
and
by
proclamation
allowed
and
suffered
to
bee
currant
here
,
by
the
Qu.
her
heires
or
successors
,
shal
be
taken
and
adiudged
by
vertue
of
this
act
to
be
treason
:
and
the
offendors
therein
,
their
counsellors
,
consenters
,
and
aiders
,
shal
be
taken
,
déemed
,
and
adiudged
as
offendors
in
Treason
:
and
being
thereof
lawfully
conuicted
or
attainted
,
according
to
the
due
order
of
the
law
,
shall
suffer
death
,
and
lose
&
forf.
all
his
and
their
goods
and
cattels
,
and
also
shall
lose
and
forf.
all
his
and
their
lands
and
tenements
,
during
his
and
their
naturall
life
or
liues
onely
.
To
whom
the
forfeiture
shall
accrue
.
And
euery
person
which
hath
any
lawfull
grant
to
haue
and
enioy
the
forf.
of
lands
,
goods
,
or
cattels
of
offendors
,
and
men
attainted
of
high
treason
,
within
any
Manor
,
Lordship
,
Towne
,
Parish
,
Hundred
,
or
other
precinct
within
this
realme
of
England
or
Wales
,
shall
&
may
at
all
times
hereafter
,
haue
like
libertie
,
to
take
,
seise
,
&
enioy
all
such
forf.
of
lands
,
tenements
,
goods
,
and
cattels
,
as
shall
come
or
grow
within
their
liberties
,
by
force
of
the
attainder
of
any
person
or
persons
,
for
&
vpon
any
offence
and
offences
made
treason
by
this
act
,
as
they
or
any
of
them
should
,
ought
,
or
might
by
vertue
of
any
good
and
lawfull
grant
to
them
or
any
of
them
heretofore
had
or
made
.
Prouided
alwayes
,
No
corruption
of
blood
,
or
forf.
of
dower
.
and
be
it
enacted
,
That
this
act
,
nor
any
attainder
or
attainders
of
any
person
or
persons
,
for
any
offence
or
offences
made
treason
by
this
act
,
shall
extend
or
be
expounded
,
to
make
any
corruption
of
blood
to
any
the
heire
or
heirs
of
any
such
offendor
or
offendors
,
or
to
make
the
wife
of
any
such
offendor
to
lose
or
forf.
her
dower
,
of
,
or
in
any
lands
,
tenements
,
or
hereditaments
,
or
her
title
,
action
,
or
interest
in
the
same
:
Any
thing
in
this
act
contained
,
or
attainder
&c.
notwithstanding
.
Tryall
of
a
Peere
.
If
any
of
the
Lords
of
the
Parliament
,
or
Péere
of
the
realme
,
shal
be
indicted
of
any
offence
made
treason
by
this
act
,
then
they
shall
haue
their
triall
by
their
Péeres
,
as
heretofore
hath
béene
vsed
in
cases
of
High
Treason
.
By
a
stat.
made
An.
3.
H.
5.
it
was
ordained
,
That
clipping
,
St.
3.
H.
5.
6
washing
or
filing
of
the
money
of
the
land
,
shold
be
adiudged
treason
,
but
that
stat.
was
repealed
by
the
before
rehearsed
stat.
of
An.
1.
M.
as
is
aforesaid
.
13
For
that
diuers
euill
disposed
persons
knowing
that
the
said
act
of
an
.
5.
El.
11.
being
penall
,
ought
to
be
expounded
strictly
according
to
the
words
therof
,
&
the
like
offences
not
by
any
equitie
to
receiue
the
like
punishment
,
did
sithence
the
making
of
the
said
stat.
practise
for
gaines
sake
,
other
vndue
means
,
to
falsifie
,
impaire
,
diminish
,
and
lighten
as
wel
the
proper
mony
of
this
realm
,
as
also
of
other
realms
,
Diminishing
,
scaling
,
or
lightning
of
money
.
allowed
to
be
currant
within
this
realm
and
the
dominions
thereof
by
the
Qu.
proclamation
,
to
the
great
losse
and
deceit
of
the
Q.
and
her
subiects
:
for
the
redresse
whereof
by
a
Statute
made
Anno
18.
St.
18.
El.
1.
Eliz.
it
was
established
,
That
if
any
person
or
persons
shall
for
wicked
lucre
or
gaines
sake
,
by
any
act
,
waies
,
or
means
whatsoeuer
,
impaire
,
diminish
,
falsifie
,
scale
,
or
lighten
the
proper
monies
or
coynes
of
this
Realme
,
or
any
the
Dominions
thereof
,
or
the
monies
or
coines
of
any
other
Realmes
,
allowed
and
suffered
to
bée
currant
,
at
the
time
of
the
offence
committed
,
within
this
Realme
of
England
,
or
any
the
Dominions
of
the
same
,
by
the
proclamation
of
the
Qu.
her
heires
or
successors
,
it
shall
be
taken
,
déemed
,
and
adiudged
to
be
Treason
:
and
the
offendors
therein
,
their
counsellors
,
consentors
,
and
aydors
,
shall
bee
likewise
déemed
and
adiudged
as
offendors
in
treason
,
and
being
thereof
lawfully
conuict
or
attainted
,
according
to
the
due
course
of
the
laws
of
this
realm
,
shall
suffer
death
,
&
lose
and
forf.
all
their
goods
and
cattels
,
to
the
Quéene
,
her
heires
and
successors
,
and
shall
lose
and
forfeit
to
the
Quéene
,
her
heires
and
successors
,
all
their
lands
,
tenements
,
and
hereditaments
,
during
his
or
their
naturall
life
or
liues
onely
.
Prouided
alwayes
,
that
this
Act
,
No
corruption
of
blood
,
nor
forf.
of
dower
.
nor
any
attainder
or
attainders
,
for
any
offence
or
offences
made
treason
by
this
Act
,
shall
in
any
wise
extend
,
or
be
iudged
,
or
expounded
,
to
make
any
corruption
of
blood
to
any
the
heire
or
heires
of
such
offendor
or
offendors
,
or
to
make
the
wise
of
any
such
offendor
to
lose
or
forfeit
the
dower
of
,
or
in
any
lands
,
tenements
,
or
hereditaments
,
or
her
title
,
action
,
or
interest
to
the
same
,
Any
thing
in
this
Act
contained
,
or
any
attainder
hereafter
to
be
had
&c.
notwithstanding
.
If
any
Lord
of
the
Parliament
,
or
Péere
of
this
Realme
,
Tryall
of
a
Peere
.
shal
be
indicted
of
any
offence
made
treason
by
this
Act
,
then
euery
of
them
shall
haue
his
tryall
by
his
Péers
,
as
hath
béen
heretofore
vsed
in
cases
of
High
Treason
.
14
For
preseruation
of
the
Quéenes
Highnesse
,
her
heirs
and
successors
,
and
the
dignitie
of
the
imperiall
Crowne
of
this
realme
,
and
for
auoiding
of
such
hurts
,
perils
,
dishonors
,
and
inconueniences
,
as
haue
before
time
fallen
as
well
to
the
Qu.
noble
progenitors
,
Kings
of
this
realme
,
as
for
the
whole
estate
thereof
,
by
meanes
of
iurisdiction
and
power
of
the
Sea
of
Rome
,
vniustly
claimed
and
vsurped
within
this
realme
,
and
the
dominions
thereof
,
and
also
of
the
daungers
by
the
fautors
of
the
said
vsurped
power
,
growne
to
licentious
boldnesse
,
St.
5.
El.
1.
and
maruellous
outrage
,
by
a
stat.
made
An.
5.
El.
it
was
ordained
,
That
if
any
person
or
persons
,
dwelling
,
inhabitant
,
or
resiant
within
this
realme
,
or
within
any
other
the
Qu.
dominions
,
seigniories
,
or
countries
,
or
in
the
Marches
of
the
same
,
or
elsewhere
,
within
or
vnder
her
obedience
&
power
,
Maintaining
the
authoritie
of
the
Bishop
of
Rome
.
of
what
estate
,
dignitie
,
preheminence
,
order
,
degrée
,
or
condition
soeuer
hée
or
they
be
,
shall
by
writing
,
ciphering
,
printing
,
preaching
,
or
teaching
,
déed
,
or
acts
,
aduisedly
and
wittingly
,
hold
,
or
stand
with
,
to
extoll
,
set
forth
,
maintaine
,
or
defend
the
iurisdiction
,
or
power
of
the
Bishop
of
Rome
,
or
of
his
Sea
,
heretofore
claimed
,
vsed
,
or
vsurped
within
this
realm
,
or
in
any
dominion
or
countrey
,
being
,
of
,
within
,
or
vnder
the
Quéenes
power
or
obedience
:
Or
by
any
spéech
,
open
déed
,
or
act
,
aduisedly
and
wittingly
,
attribute
any
such
manner
of
iurisdiction
,
authority
,
or
preheminence
,
to
the
said
Sea
of
Rome
,
or
to
any
Bishop
of
the
same
Sea
for
the
time
being
,
within
this
Realme
,
or
in
any
the
Q.
dominions
or
countries
,
then
euerie
such
person
or
persons
so
doing
or
offending
,
their
abettors
,
procurers
,
&
counsellors
,
and
also
their
aidors
,
assistants
,
and
maintainors
,
vpon
purpose
,
and
to
the
intent
to
set
forth
,
further
,
and
extoll
the
said
vsurped
power
,
authoritie
,
or
iurisdsction
of
any
of
the
sayd
Bishop
or
Bishops
of
Rome
,
and
euerie
of
them
,
béeing
thereof
lawfully
indicted
or
presented
,
within
one
yeare
next
after
such
offences
by
him
or
them
committed
,
and
béeing
lawfully
conuicted
,
or
attainted
at
any
time
after
,
according
to
the
lawes
of
this
Realme
,
for
euerie
such
default
and
offence
,
shall
incurre
the
daunger
,
penalties
,
paynes
,
The
penaltie
for
the
first
offence
.
and
forfeitures
ordayned
and
prouided
by
the
Statute
of
Prouision
and
Praemunire
,
St.
16.
R.
2.
5
made
Anno
16.
R.
2.
And
for
stronger
defence
and
maintenance
of
the
said
Act
,
it
was
further
established
by
authoritie
of
the
said
Parliament
,
That
if
any
such
offendor
or
offendors
,
The
second
offence
Treason
.
as
is
aforesaid
,
by
writing
,
cypering
,
printing
,
preaching
,
or
teaching
,
déed
,
or
act
,
aduisedly
,
and
wittingly
,
doe
hold
or
stand
with
,
to
extoll
,
set
forth
,
maintaine
,
or
defend
the
authority
,
iurisdiction
,
or
power
,
of
the
Bishop
of
Rome
,
or
of
his
Sea
heretofore
claimed
,
vsed
,
or
vsurped
within
this
Realme
,
or
in
any
Dominion
or
Countrey
being
of
,
within
,
or
vnder
the
Quéenes
power
or
obedience
:
Or
by
any
spéech
,
open
déed
,
or
act
,
aduisedly
and
wittingly
,
attribute
any
such
manner
of
iurisdiction
,
authoritie
,
or
preheminence
to
the
sayd
Sea
of
Rome
,
or
to
any
Bishop
of
the
same
Sea
for
the
time
being
,
within
this
Realme
;
or
in
any
the
Quéenes
Dominions
or
Countries
,
or
bée
to
any
such
offendor
or
offendors
abetting
,
procuring
,
or
counselling
,
or
ayding
,
assisting
or
comforting
,
vpon
purpose
,
and
to
the
intent
to
set
forth
,
further
,
and
extoll
the
sayd
vsurped
power
,
authoritie
,
or
iurisdiction
,
after
such
conuiction
and
attainder
,
as
is
aforesayd
,
doe
eftsoones
commit
or
doe
the
sayd
offences
,
or
any
of
them
,
in
maner
and
forme
aforesaid
,
and
bée
thereof
duely
conuicted
and
attainted
,
as
is
aforesayd
,
then
euery
such
offendor
and
offendors
,
for
the
same
second
offence
and
offences
,
shall
forfeit
,
lose
,
and
suffer
such
like
and
the
same
paines
,
forfeitures
,
iudgement
,
and
execution
,
as
is
vsed
in
case
of
High
Treason
.
Prouided
alwayes
,
that
this
act
nor
any
thing
therein
contained
,
nor
any
attainder
to
bee
had
by
force
of
this
Act
,
No
corruption
of
blood
,
nor
forf.
of
dower
.
shall
not
extend
to
make
any
corruption
of
bloud
,
the
disheriting
of
any
heire
,
forfeiture
of
dower
,
nor
to
the
preiudice
of
the
right
or
title
of
any
person
or
persons
,
other
than
the
right
&
title
of
the
offendor
or
offendors
,
during
his
,
her
,
or
their
naturall
liues
onely
.
And
it
shall
and
may
be
lawfull
,
to
euerie
person
and
persons
,
to
whom
the
right
or
interest
of
any
lands
,
tenements
,
or
hereditaments
,
after
the
death
of
such
offendor
or
offendors
,
should
or
might
haue
appertained
,
if
no
such
attainder
had
béene
,
to
enter
into
the
same
,
without
any
Ouster
le
mayne
to
be
sued
,
in
such
sort
as
hee
or
they
might
haue
done
if
this
act
had
neuer
béene
made
.
Giuing
of
almes
to
an
offendor
.
Prouided
,
that
charitable
giuing
of
reasonable
almes
to
any
of
the
offendor
or
offendors
aboue
specified
,
without
fraud
or
couin
,
shall
not
be
taken
and
interpreted
to
be
any
such
abetment
,
procuring
,
counselling
,
aiding
,
assisting
,
or
comforting
,
as
thereby
the
giuer
of
such
almes
shall
incurre
any
paine
,
penaltie
,
or
forfeiture
appointed
in
this
Act.
Prouided
also
,
that
if
any
Péere
of
this
realme
shal
offend
contrarie
to
this
Act
,
or
any
branch
or
article
thereof
,
in
all
such
cases
they
shal
be
tried
by
their
Péers
,
in
such
maner
and
forme
as
in
other
cases
of
treason
they
haue
vsed
to
be
tried
,
&
by
none
other
meanes
.
No
person
or
persons
shall
be
indicted
for
assisting
,
aiding
,
maintaining
,
comforting
,
or
abetting
of
any
person
or
persons
,
for
any
the
said
offences
,
in
extolling
,
setting
forth
,
or
defending
of
the
vsurped
power
and
authoritie
of
the
Bishop
of
Rome
,
vnlesse
he
or
they
be
lawfully
accused
by
such
good
and
sufficient
testimony
and
proofe
,
as
by
the
Iury
by
whom
he
shal
be
indicted
,
shal
be
thought
good
,
lawfull
,
and
sufficient
to
prooue
him
or
them
guiltie
of
the
said
offences
.
15
To
the
intent
that
all
vsurped
&
forein
power
&
authoritie
spiritual
and
temporal
,
may
for
euer
be
cléerly
extinguished
&
neuer
to
be
vsed
or
obeied
within
this
realm
,
or
any
other
the
Q.
dominions
,
by
a
stat.
made
an
.
1.
El.
1.
St.
1.
El.
1.
it
was
ordained
,
That
no
forein
prince
,
person
,
prelat
,
state
,
or
potentat
,
spiritual
or
temporall
,
shall
at
any
time
after
the
last
day
of
this
Session
of
Parliament
,
vse
,
enioy
,
or
exercise
any
manner
of
power
,
iurisdiction
,
superioritie
,
authoritie
,
preheminence
or
priuiledge
Spirituall
or
Ecclesiasticall
within
this
Realme
,
or
any
other
the
Quéenes
Dominions
or
Countries
that
now
be
,
or
hereafter
shall
be
:
Abolishing
of
forreine
authoritie
.
But
from
henceforth
the
same
shall
bée
cléerely
abolished
out
of
this
Realme
,
and
all
other
the
Quéenes
Dominions
for
euer
:
any
statute
,
ordinance
,
custome
,
&c.
notwithstanding
.
And
for
the
better
obseruation
and
maintenance
of
the
said
statute
,
it
was
then
further
enacted
,
Who
shal
take
the
othe
for
the
Quéenes
supreame
gogouernment
.
That
all
and
euery
Archbishop
,
Bishop
,
and
all
and
euerie
other
Ecclesiasticall
person
,
and
other
Ecclesiasticall
Officer
and
Minister
,
of
what
estate
,
dignitie
,
preheminence
,
or
degrée
soeuer
he
or
they
be
,
or
shall
be
,
and
all
and
euerie
temporall
Iudge
,
Iustice
,
Maior
,
and
other
lay
and
temporall
Officer
and
Minister
,
and
euery
other
person
hauing
the
Quéenes
fées
or
wages
within
this
Realme
,
or
any
of
her
Dominions
,
shall
make
,
take
,
and
receiue
a
corporall
othe
vpon
the
Euangelists
,
before
such
person
or
persons
as
shall
please
the
Quéene
,
her
heires
or
successors
to
assigne
and
name
,
to
accept
and
take
the
same
othe
.
And
euery
person
that
at
any
time
shal
be
preferred
,
promoted
,
or
collated
to
any
Archbishopricke
or
Bishopricke
,
or
to
any
other
Ecclesiasticall
benefice
,
promotion
,
dignitie
,
office
,
or
ministrie
,
or
that
shall
be
by
the
Quéene
,
her
heirs
or
successors
preferred
to
any
temporall
or
lay
office
,
ministrie
,
or
seruice
,
within
any
her
Dominions
,
before
he
shall
take
vpon
him
to
receiue
,
vse
,
exercise
,
supplie
,
or
occupie
any
such
Archbishopricke
,
Bishopricke
,
promotion
,
dignitie
,
office
,
&c.
shall
receiue
the
same
othe
before
such
persons
as
shal
haue
authoritie
to
admit
any
such
person
to
any
such
office
,
&c.
or
else
before
such
person
or
persons
as
by
the
Quéene
&c.
vnder
the
great
Seale
,
shall
be
assigned
to
minister
the
sayd
othe
.
And
euerie
person
temporall
suing
liuerie
,
or
Ouster
le
maine
out
of
the
hands
of
the
Quéene
,
her
heires
or
successors
,
before
his
liuerie
or
Ouster
le
maine
sued
forth
,
and
allowed
:
And
euerie
temporall
person
doing
any
homage
to
the
Quéene
,
her
heires
and
successors
:
or
that
shall
bee
receiued
into
seruice
with
her
,
&c.
shall
take
the
foresaid
corporall
othe
before
the
Lord
Chancellor
,
or
Kéeper
of
the
great
Seale
,
or
before
such
person
or
persons
,
as
by
the
Quéene
&c.
shal
be
appointed
to
receiue
the
same
.
And
euery
person
taking
orders
,
and
euery
other
person
which
shal
be
preferred
to
any
degrée
of
learning
,
in
any
Vniuersitie
within
this
Realme
,
or
dominions
,
before
he
shall
receiue
such
orders
,
or
be
preferred
to
such
degrée
of
learning
,
shall
take
the
foresayd
othe
before
his
Ordinary
,
Commissary
,
Chancellor
,
or
Vicechancellor
,
or
their
sufficient
deputie
in
the
said
Vniuersitie
.
And
by
another
stat.
made
an
.
5.
Eliz.
it
was
further
enacted
,
St.
5.
El.
1.
That
all
other
persons
which
haue
taken
or
shall
take
orders
,
commonly
called
Ordines
sacros
,
or
Ecclesiasticall
orders
,
or
haue
béen
or
shal
be
promoted
,
preferred
,
or
admitted
to
any
degrée
of
learning
in
any
Vniuersitie
within
this
Realme
,
or
dominions
to
the
same
belonging
:
And
all
Schoolmasters
,
and
publique
and
priuat
teachers
of
children
,
as
also
all
maner
of
person
and
persons
that
haue
taken
,
or
hereafter
shal
take
any
degrée
of
learning
,
in
,
or
at
the
common
laws
of
this
realm
,
as
well
vtter-barresters
,
benchers
,
readers
,
ancients
in
any
house
or
houses
of
court
,
and
al
principal
Treasurers
,
and
such
as
be
of
the
grand
companie
in
euery
Inne
of
Chancerie
,
&
all
Atturneies
,
Prothonotories
and
Philozers
,
towards
the
laws
of
this
realme
:
And
all
manner
of
Sherifes
,
Escheators
,
and
Feodaries
,
and
all
other
person
and
persons
,
which
haue
taken
,
or
shall
take
vpon
him
or
them
,
or
haue
béen
,
or
shall
be
admitteed
to
any
Ministrie
or
Office
,
in
,
at
,
or
belonging
to
the
common
law
,
or
any
other
law
or
lawes
,
of
,
to
,
or
for
the
execution
of
them
,
or
any
of
them
,
vsed
or
allowed
,
or
at
any
time
hereafter
to
be
vsed
or
allowed
within
this
Realme
,
or
any
the
Dominions
or
Countries
belonging
,
or
which
hereafter
shall
happen
to
belong
to
the
Crowne
,
or
dignitie
of
the
same
.
And
all
other
Officers
or
Ministers
of
or
towards
any
Court
whatsoeuer
,
and
euerie
of
them
,
shall
take
and
pronounce
a
corporall
othe
vpon
the
Euangelists
,
before
hée
or
they
shall
bée
admitted
,
allowed
,
or
suffered
to
take
vpon
him
or
them
,
to
vse
,
exercise
,
supply
,
or
occupie
any
such
vocation
,
office
,
degrée
,
ministrie
,
roome
,
or
seruice
,
as
is
aforesaid
,
and
that
in
the
open
Court
whereunto
hée
doth
or
shall
serue
and
belong
.
And
if
he
or
they
doe
not
,
or
shal
not
serue
or
belong
to
any
ordinarie
or
open
Court
,
then
hée
or
they
shall
take
and
pronounce
the
othe
aforesaid
,
in
an
open
place
before
a
conuenient
assembly
to
witnesse
the
same
,
and
before
such
person
or
persons
,
as
haue
,
or
shall
haue
authoritie
by
common
vse
,
or
otherwise
,
to
admit
or
call
any
such
person
or
persons
,
as
is
aforesaid
,
to
any
such
Vocation
,
Office
,
Ministrie
,
roome
,
or
seruice
,
or
else
before
such
person
or
persons
,
as
by
the
Queene
,
her
heires
or
successors
,
by
commission
vnder
the
great
Seale
of
England
,
shall
be
named
or
assigned
to
accept
and
take
the
same
,
according
to
the
tenor
,
effect
,
and
forme
hereafter
following
,
viz.
I
A.
B.
doe
vtterly
testifie
and
declare
in
my
conscience
,
The
Othe
.
that
the
Queenes
Highnesse
is
the
onely
supreame
gouernour
of
this
Realme
,
and
of
all
other
her
Highnesse
Dominions
and
Countries
,
as
well
in
all
Spirituall
or
Ecclesiasticall
things
,
or
causes
,
as
temporall
:
And
that
no
forreine
Prince
,
Person
,
Prelate
,
State
,
or
Potentate
,
hath
,
or
ought
to
haue
any
iurisdiction
,
power
,
superioritie
,
preheminence
,
or
authoritie
Ecclesiasticall
or
Spirituall
,
within
this
Realme
:
And
therefore
I
doe
vtterly
renounce
and
forsake
all
forreine
iurisdictions
,
powers
,
superiorities
,
and
authorities
,
and
doe
promise
,
that
from
henceforth
I
shall
beare
faith
and
true
allegiance
to
the
Queens
Highnesse
,
her
heirs
&
lawful
successours
,
and
to
my
power
shall
assist
and
defend
all
iurisdictions
,
priuiledges
,
preheminences
,
and
authorities
graunted
or
belonging
to
the
Quéenes
Highnesse
,
her
heires
and
successors
,
or
vnited
and
annexed
to
the
imperiall
Crowne
of
this
Realme
:
So
helpe
me
God
,
and
by
the
contents
of
this
booke
.
And
by
the
foresayd
Statute
of
Anno
5.
Elizab.
1.
it
was
further
enacted
,
That
euerie
Archbishop
and
Bishop
within
this
Realme
,
A
Bishop
may
tender
the
Othe
.
and
the
Dominions
of
the
same
,
shall
haue
authoritie
to
tender
or
minister
the
othe
aforesaid
,
to
euerie
or
any
Spirituall
or
Ecclesiasticall
person
,
within
their
proper
Diocesse
,
as
well
in
places
and
iurisdictions
exempt
,
as
not
exempt
.
And
that
the
Lord
Chauncelor
,
The
L.
Chancellor
may
grant
commissions
to
tender
the
Othe
.
or
Kéeper
of
the
great
Seale
of
England
for
the
time
béeing
,
shall
and
may
at
all
times
hereafter
,
by
vertue
of
this
Act
,
without
further
warrant
,
make
and
direct
Commission
and
Commissions
vnder
the
great
Seale
of
England
,
to
any
person
or
persons
,
giuing
them
thereby
authoritie
to
tender
and
minister
the
othe
aforesaid
,
to
such
person
or
persons
,
as
by
the
foresaid
Commission
or
Commissions
,
the
sayd
Commissioners
shall
bée
authorised
to
tender
the
sayd
othe
vnto
.
And
moreouer
it
was
enacted
,
That
if
any
person
or
persons
appointed
or
compellable
by
this
Act
,
The
penaltie
for
the
first
refusall
of
the
Othe
.
or
by
the
foresaid
Act
made
Anno
1.
El.
1.
to
take
the
sayd
othe
:
or
if
any
person
or
persons
,
to
whom
the
sayd
othe
by
any
Commission
or
Commissions
shall
be
limited
or
appointed
to
be
tendered
,
refuse
to
take
,
or
pronounce
the
said
othe
,
in
manner
and
forme
aforesaid
,
that
then
the
partie
so
refusing
,
and
being
thereof
lawfully
indicted
,
or
presented
,
within
one
yeare
next
after
such
refusall
,
and
conuicted
or
attainted
at
any
time
after
,
according
to
the
lawes
of
this
Realme
,
shall
suffer
and
incurre
the
daungers
,
penalties
,
paines
,
and
forfeitures
,
ordained
and
appointed
by
the
Statute
of
Prouision
and
Praemunire
,
made
An.
16.
R.
2.
St.
16.
R.
2.
5.
And
also
if
any
of
the
persons
aboue
named
,
and
appointed
by
this
Act
,
to
take
the
othe
aforesaide
doe
after
the
space
of
thrée
moneths
next
after
the
first
tender
thereof
,
The
second
refusall
of
the
Othe
high
Treason
.
the
second
time
refuse
to
take
,
and
pronounce
,
or
doe
not
take
and
pronounce
the
same
in
forme
aforesaide
to
be
tendered
:
That
then
euerie
such
offendor
and
offendors
for
the
same
second
offence
and
offences
shall
forfeit
,
loose
,
and
suffer
such
like
,
and
the
same
paines
,
forfeiture
,
iudgement
,
and
execution
as
is
vsed
in
cases
of
high
treason
:
No
corruption
of
blood
or
forfeiture
of
dower
.
But
no
attainder
by
force
of
this
Act
shall
extend
to
make
any
corruption
of
blood
,
the
dis-heriting
of
any
heire
,
forfeiture
of
dower
,
nor
to
the
preiudice
of
the
right
or
title
of
any
person
,
other
than
of
the
offendor
during
his
,
her
,
or
their
naturall
liues
onely
,
&c.
But
forasmuch
as
the
Quéene
is
otherwise
sufficiently
assured
of
the
faith
and
loyaltie
of
the
Temporall
Lordes
of
her
high
Court
of
Parliament
:
Therefore
this
Act
shall
not
extend
to
compell
any
temporall
Lord
,
of
,
or
aboue
the
degrée
of
a
Baron
of
this
Realme
,
Temporall
Lords
discharged
of
the
Othe
.
to
take
or
pronounce
the
Othe
aforesaide
,
nor
to
incurre
anie
penaltie
limited
by
this
Acte
,
for
not
taking
,
or
refusing
the
same
.
Prouided
alwayes
,
that
no
person
shall
be
compelled
by
vertue
of
this
Acte
to
take
the
Othe
aboue
mentioned
,
at
,
or
vpon
the
second
time
of
offering
the
same
,
according
to
the
forme
appointed
by
this
Statute
,
except
the
same
person
hath
béene
,
is
,
or
shall
bée
,
an
Ecclesiasticall
person
,
that
had
,
hath
,
Who
only
shal
take
the
Othe
vpon
the
second
tender
.
or
shall
haue
in
the
time
of
one
of
the
Raignes
of
the
Quéenes
father
,
brother
,
or
sister
,
or
in
the
time
of
the
Quéenes
Maiestie
,
her
heires
,
or
successors
charge
,
care
,
or
office
in
the
Church
:
Or
such
person
or
persons
as
had
,
hath
,
or
heereafter
shall
haue
any
office
or
ministerie
in
any
Ecclesiasticall
Court
of
this
Realme
,
vnder
any
Archbishop
,
or
Bishop
in
any
the
times
or
raignes
aforesaide
:
Or
such
person
or
persons
as
shall
wilfully
refuse
to
obserued
the
orders
and
rites
for
diuine
seruice
,
that
bee
authorized
to
be
vsed
and
obserued
in
the
Church
of
England
,
after
that
he
or
they
shal
be
publikely
by
the
Ordinary
or
some
of
his
Officers
for
Ecclesiasticall
causes
admonished
to
kéepe
and
obserue
the
same
:
Or
such
as
shall
openly
and
aduisedly
depraue
by
wordes
,
writings
,
or
any
other
open
fact
,
any
of
the
rites
and
ceremonies
at
anie
time
vsed
,
and
authorized
to
be
vsed
in
the
Church
of
England
:
Or
that
shall
say
or
heare
priuate
Masse
prohibited
by
the
Lawes
of
the
Realme
:
And
all
such
persons
shall
be
compellable
to
take
the
Othe
vpon
the
second
tender
or
offer
of
the
same
,
and
incurre
the
penalties
for
not
taking
the
saide
Othe
,
and
none
other
.
16
Because
diuers
seditious
and
euill
disposed
people
haue
lately
procured
and
obtained
to
themselues
from
the
Bishoppe
of
Rome
,
and
his
Sée
diuers
Bulles
and
Writings
,
the
effect
whereof
hath
béene
,
and
is
,
to
absolue
,
and
reconcile
all
those
that
will
be
contented
to
forsake
their
due
obedience
to
the
Quéene
,
and
to
yéelde
and
submit
themselues
to
the
vnlawfull
and
vsurped
authoritie
of
the
saide
Bishoppe
and
his
Sée
:
and
by
colour
of
the
saide
Bulles
and
Writings
,
haue
by
their
lewd
practises
,
and
perswasions
so
farre
wrought
,
that
sundry
simple
and
ignorant
persons
haue
béene
contented
to
be
reconciled
to
the
saide
vsurped
authoritie
,
and
and
to
take
Absolution
at
the
handes
of
the
aforesaide
subtile
practisers
,
whereby
there
hath
growen
disobedience
in
many
,
to
absent
themselues
from
diuine
seruice
,
and
thought
themselues
discharged
from
all
allegeance
to
her
Maiestie
,
whereby
vnnaturall
Rebellion
hath
ensued
.
For
redresse
whereof
,
and
to
preuent
great
inconueniences
that
might
ensue
,
by
a
Statute
made
Anno
13.
Elizab.
2.
it
was
enacted
,
St.
13.
El.
2.
That
if
any
person
or
persons
shall
vse
or
put
in
vre
in
any
place
within
this
Realme
,
Giuing
or
taking
absolution
by
any
bulles
from
Rome
.
or
any
the
Quéenes
dominions
,
any
bull
,
writing
,
or
instrument
written
,
or
printed
,
of
absolution
,
or
reconciliation
,
obtained
from
the
Bishop
of
Rome
,
or
any
his
successors
,
or
from
any
other
person
or
persons
authorized
,
or
claiming
authoritie
,
by
,
or
from
the
said
Bishoppe
his
predecessors
or
successors
,
or
Sée
of
Rome
:
Or
if
any
person
or
persons
shall
take
vpon
him
or
them
by
colour
of
any
such
bull
,
writing
instrument
,
or
authoritie
,
to
absolue
or
reconcile
any
person
or
persons
,
or
to
graunt
or
promise
to
any
person
or
persons
within
the
Realme
or
any
other
the
Queenes
Dominions
any
such
absolution
or
reconciliation
,
by
any
speach
,
preaching
,
teaching
,
writing
,
or
any
other
open
déede
:
Or
if
any
person
or
persons
within
this
Realme
,
Obtaining
of
bulles
from
Rome
.
or
any
the
Quéenes
Dominions
shall
willingly
receiue
and
take
any
such
absolution
or
reconciliation
:
Or
else
,
if
any
person
or
persons
haue
obtained
or
gotten
since
the
last
day
of
the
Parliament
holden
Anno
1.
Elizab.
or
shall
obtaine
,
or
get
from
the
said
Bishop
of
Rome
,
or
any
his
successors
,
or
Sée
of
Rome
,
any
manner
of
bull
,
writing
,
or
instrument
written
,
or
printed
,
containing
any
thing
,
matter
,
or
cause
whatsoeuer
:
or
shall
publish
,
or
by
any
waies
or
meanes
put
in
vre
any
such
bull
,
writing
,
or
instrument
:
Then
all
and
euery
such
Act
and
Acts
,
offence
and
offences
shall
be
déemed
and
adiudged
to
be
high
treason
,
and
the
offendor
and
offendors
therein
,
their
procurers
,
abettors
and
councellors
to
the
fact
,
and
committing
of
the
saide
offence
or
offences
shall
be
déemed
and
adiudged
high
traitors
,
to
the
King
,
and
the
Realme
,
and
being
thereof
lawfully
indicted
and
attainted
according
to
the
course
of
the
Lawes
of
this
Realme
,
shall
suffer
death
,
and
forfeit
all
their
lands
,
hereditaments
,
&c.
and
cattells
as
in
cases
of
high
treason
,
by
the
Lawes
of
this
Realme
ought
to
be
lost
and
forfeited
,
&c.
All
and
euery
ayders
,
The
forfei●●res
of
Ay●●rs
,
Main●●inors
,
&c.
after
the
offence
.
comforters
,
or
maintainers
of
any
of
the
saide
offendor
or
offendors
,
after
the
committing
of
any
of
the
saide
actes
,
or
offences
,
to
the
intent
to
set
foorth
,
vpholde
,
or
allow
the
dooing
drexecution
of
the
saide
vsurped
power
,
iurisdiction
,
or
authoritie
concerning
the
premisses
,
or
any
part
thereof
,
St.
16.
R.
2.
5
shall
incurre
the
paines
and
penalties
containe●●n
the
Statute
of
Premunire
made
Anno
16.
Ri.
2.
17
Because
diuerse
persons
euill
affected
had
practised
contrarie
to
the
meaning
of
the
foresaide
Statute
of
13.
Elizab.
2.
by
other
meanes
than
by
Bulles
,
or
Instruments
written
or
printed
,
to
withdrawe
seuerall
of
the
Quéenes
subiects
from
their
naturall
obedience
to
her
Maiestie
to
obey
the
vsurped
authoritie
of
the
Bishop
of
Rome
,
and
in
respect
of
the
same
to
perswade
great
numbers
to
withdrawe
their
due
obedience
to
her
Maiesties
Lawes
established
for
the
due
seruice
of
God
:
Perswading
to
the
Romish
religion
.
For
reformation
whereof
,
St.
●
3.
Eli.
1
and
to
declare
the
true
meaning
of
the
same
Lawe
by
a
Statute
made
Anno
23.
Elizab.
1.
it
was
declared
and
enacted
,
That
all
persons
whatsoeuer
,
which
haue
or
shall
haue
,
or
shall
pretend
to
haue
power
,
or
shall
by
any
wayes
or
meanes
put
in
practise
to
absolue
,
perswade
,
or
withdrawe
any
of
the
Quéenes
subiects
,
or
any
within
her
Realmes
or
Dominions
from
their
naturall
obedience
to
her
Maiestie
,
or
to
withrawe
them
for
that
intent
from
the
Religion
now
by
her
Highnesse
authoritie
established
within
her
Highnesse
Dominions
,
to
the
Romish
Religion
,
or
mooue
them
,
or
any
of
them
to
promise
any
obedience
to
anie
pretended
authoritie
of
the
Sea
of
Rome
,
or
of
anie
other
Prince
,
State
,
or
Potentate
to
be
had
or
vsed
within
her
Dominions
,
or
shall
doe
anie
ouert
Act
to
that
intent
or
purpose
,
and
euerie
of
them
shall
be
to
all
intents
adiudged
to
be
traitours
:
and
being
thereof
lawfully
conuicted
,
shall
haue
iudgement
,
suffer
,
and
forfeit
,
as
in
case
of
high
Treason
:
And
if
any
person
shall
by
any
meanes
be
willingly
absolued
,
or
withdrawen
as
aforesaide
,
or
willingly
be
reconciled
,
Being
perswaded
to
the
Romish
Religion
.
or
shall
promise
anie
obedience
to
any
such
pretended
authoritie
,
Prince
,
State
,
or
Potentate
,
as
is
aforesaide
:
Then
euerie
such
person
and
persons
their
Procurers
and
councellors
thereunto
,
being
thereof
lawfully
conuicted
shall
be
taken
,
tried
and
iudged
,
and
shall
suffer
and
forfeit
as
in
cases
of
high
Treason
.
And
for
the
further
confirmation
and
explanation
of
the
saide
Statute
of
Anno
23.
Elizab.
1.
and
for
a
more
augmentation
thereof
in
some
sort
,
there
was
an
other
Statute
made
Anno
3.
St.
3.
Iac.
4
Iacob
.
4.
whereby
it
was
enacted
,
That
if
any
person
or
persons
shall
either
vpon
the
Seas
,
or
beyond
the
Seas
,
or
in
any
other
place
within
the
Dominions
of
the
King
,
his
heires
,
or
successours
,
put
in
practise
to
absolue
,
perswade
,
or
withdrawe
any
of
the
Subiects
of
the
King
,
his
heires
,
Practising
to
absolue
or
reconcile
to
the
Romish
Religion
.
or
successours
of
this
Realme
of
England
,
from
their
naturall
obedience
to
his
Maiestie
,
his
heires
or
successours
:
Or
to
reconcile
them
to
the
Pope
or
Sea
of
Rome
;
or
to
mooue
them
or
any
of
them
to
promise
obedience
to
anie
pretended
Authoritie
of
the
Sea
of
Rome
,
or
to
any
other
Prince
,
State
,
or
Potentate
:
Then
euery
such
person
and
persons
their
Procurors
,
Aidors
,
Councellors
,
and
Maintainors
knowing
the
same
,
shall
be
to
all
intents
adiudged
Traitours
,
and
being
conuicted
shall
haue
iudgement
,
suffer
,
and
forfeit
as
in
case
of
high
Treason
.
And
if
any
such
person
as
is
aforesaide
,
either
vpon
the
Seas
or
beyond
the
Seas
,
or
in
anie
other
place
within
the
Dominions
of
the
King
,
his
heires
,
or
successours
shall
be
willingly
absolued
,
or
withdrawen
as
aforesaide
;
or
willingly
reconciled
,
or
shall
promise
obedience
to
anie
such
pretended
authoritie
,
Prince
,
Absolued
or
reconciled
.
State
,
or
Potentate
,
as
is
aforesaide
:
Euery
such
person
and
persons
,
their
Procurers
,
Councellours
,
Aidors
,
and
Maintainours
,
knowing
the
same
,
shall
be
to
all
intents
adiudged
Traitours
,
and
being
conuict
,
shall
haue
iudgement
,
suffer
,
and
forfeit
as
in
case
of
high
Treason
.
But
this
Clause
touching
Reconciliation
shall
not
extend
to
anie
person
which
shall
bée
reconciled
to
the
Pope
or
Sea
of
Rome
,
that
shall
returne
into
this
Realme
,
and
within
sixe
daies
after
his
returne
,
A
reconciled
person
submitteth
.
before
the
Bishoppe
of
the
Diocesse
,
or
two
Iustices
of
the
Peace
of
the
Countie
where
hée
shall
arriue
,
shall
submit
himselfe
to
the
King
and
his
lawes
,
and
take
the
othe
of
Supremacie
,
ordained
Anno
1.
Eliz.
1.
and
the
othe
set
downe
in
this
Act.
18
Whereas
diuerse
persons
,
called
or
professed
Iesuites
,
Seminarie
priests
,
and
other
priests
made
beyond
the
Sea
,
according
to
the
order
of
the
Romish
Church
,
haue
come
,
and
béene
sent
into
this
Realme
,
of
purpose
,
not
onely
to
withdraw
the
Quéenes
subiects
from
their
due
obedienes
to
her
Maiestie
,
but
also
to
mooue
sedition
,
rebellion
,
and
open
hostilitie
within
her
Highnesse
Dominions
:
For
reformation
whereof
,
by
a
Statute
made
Anno
27.
Elizab.
it
was
enacted
,
That
it
shall
not
be
lawfull
,
to
,
Iesuites
and
Priests
shall
not
come
into
this
Realme
.
or
for
any
Iesuite
,
Seminarie
Priest
,
or
other
such
Priest
,
Deacon
,
or
other
Religious
or
Ecclesiasticall
person
whatsoeuer
,
St.
27.
2
E.
2
being
borne
within
this
Realme
,
or
any
of
the
Dominions
thereof
,
and
héeretofore
(
since
24.
Iun.
Anno
1.
reginae
Eliza.
)
made
,
ordained
,
or
professed
,
or
héereafter
to
be
made
,
ordained
,
or
professed
by
any
authoritie
or
iurisdiction
deriued
,
challenged
,
or
pretended
from
the
Sea
of
Rome
,
by
,
or
of
what
name
,
title
,
or
degrée
soeuer
the
same
shall
be
called
or
knowen
,
to
come
into
,
be
,
or
remaine
in
any
part
of
this
Realme
,
or
any
Dominions
thereof
,
other
than
in
such
cases
,
and
vpon
such
speciall
occasions
onely
,
and
for
such
time
onely
,
as
is
expressed
in
this
Act
(
viz.
if
he
be
so
weake
and
infirme
of
body
,
that
hée
cannot
passe
out
of
this
Realme
:
)
And
if
hée
doe
,
then
euery
such
offence
shall
be
adiudged
high
Treason
:
And
euery
person
so
offending
shall
for
his
offence
be
adiudged
a
Traitor
,
and
shall
suffer
,
loose
,
and
forfeit
as
in
case
of
high
Treason
.
19
By
a
Statute
made
Anno
27.
Elizab.
it
was
established
,
That
if
any
the
Quéenes
subiects
(
not
being
a
Iesuite
,
Seminarie
Priest
,
St.
27.
El.
2.
or
other
Priest
,
Deacon
,
or
Religious
or
Ecclesiasticall
person
)
as
is
before
mentined
,
now
being
,
or
which
héereafter
shall
be
of
,
or
brought
vp
in
any
Colledge
of
Iesuites
,
Seminarie
persons
shall
retire
into
England
.
or
Seminaries
,
already
erected
or
ordained
,
or
héereafter
to
be
erected
or
ordained
in
any
parts
beyond
the
Seas
,
or
out
of
this
realme
,
in
any
forraine
parts
,
shall
not
within
sixe
moneths
next
after
Proclamation
in
that
behalfe
to
be
made
within
the
citie
of
London
,
vnder
the
great
Seale
of
England
returne
into
this
Realme
,
and
thereupon
within
two
dayes
next
after
such
returne
before
the
Bishop
of
the
Diocesse
,
or
two
Iustices
of
peace
of
the
County
where
hée
shall
arriue
,
submit
himselfe
to
her
Maiestie
and
her
Lawes
,
and
take
the
Othe
set
foorth
Anno
1.
Elizab.
1.
Then
euery
such
person
which
shall
otherwise
returne
,
come
into
,
or
be
in
this
Realme
,
or
any
other
the
Dominions
thereof
,
for
such
offence
of
returning
,
or
being
in
this
realme
,
or
&c.
without
submission
as
is
aforesaid
,
shall
be
adiudged
a
Traitor
,
and
suffer
,
and
loose
,
and
forfeit
as
in
case
of
high
Treason
.
20
Hauing
treated
of
Treasons
generally
,
and
first
shewed
which
be
high
Treasons
,
and
which
petit
Treasons
by
the
common
lawe
,
and
which
be
made
treasons
by
Statutes
:
It
resteth
that
I
declare
what
is
Misprision
of
treason
;
how
many
sortes
thereof
there
be
,
and
what
is
the
penaltie
,
or
punishment
of
the
offendors
therein
.
What
misprision
of
treason
is
.
Misprision
of
treason
,
or
felony
,
is
most
properly
when
any
person
doth
vnderstand
or
know
that
another
person
hath
committed
treason
or
felony
,
and
he
will
not
disclose
it
to
the
King
,
or
his
Councell
,
or
to
some
Magistrate
,
that
it
may
be
repressed
and
punished
,
but
doth
conceale
it
.
Bracton
writeth
,
Bracton
de
Corona
cap.
3
That
if
any
man
doth
know
another
to
be
guilty
of
a
treason
,
or
to
be
vehemently
suspected
thereof
,
he
ought
presently
,
and
without
any
delay
,
come
to
the
King
if
he
can
,
or
send
to
him
if
he
be
not
able
to
come
,
or
to
some
other
néere
about
the
King
,
and
to
declare
euery
thing
in
order
:
he
ought
not
tarrie
in
one
place
two
daies
or
two
nights
before
he
doth
sée
the
Kings
person
,
neither
must
he
attend
any
other
busines
,
be
it
of
neuer
so
great
importance
,
for
hée
is
scarcely
allowed
to
looke
backe
,
because
if
he
doe
delay
,
and
conceale
the
matter
for
a
time
,
he
shall
be
accounted
a
manifest
deceiuer
of
the
King
,
and
as
consenting
and
agreeing
to
the
offence
,
whether
the
partie
which
is
accused
be
his
familiar
friend
or
a
stranger
:
and
if
he
would
after
accuse
the
offendor
,
he
shall
not
be
heard
,
vnlesse
he
can
prooue
,
that
he
was
hindered
vpon
good
cause
.
And
to
the
intent
it
might
be
certainely
knowen
what
misprision
of
treason
is
,
the
Statutes
of
5.
&
6.
Ed.
6.
St.
5.
E.
6.
11
1.
&
2.
P.
&
M.
10.
and
1.
&
2.
Ph.
&
M.
haue
defined
it
in
this
manner
,
viz.
concealement
,
or
kéeping
secret
of
any
high
treason
shal
be
déemed
and
taken
only
misprision
of
treason
,
the
offendors
therein
to
forfeit
,
and
suffer
as
in
cases
of
misprision
of
treason
,
as
héeretofore
hath
béene
vsed
:
The
forfeture
in
misprision
And
in
all
cases
of
misprision
of
treason
,
the
offendor
shall
forfeit
to
the
King
his
goodes
,
and
his
lands
during
this
life
,
2.
R.
3.
10.
and
he
shall
be
imprisoned
during
his
life
.
And
euery
treason
or
felony
doth
include
Misprision
,
so
that
where
any
person
hath
committed
treason
or
felony
,
the
King
,
if
hée
will
,
may
cause
the
offendor
to
be
indicted
,
and
arraigned
,
but
of
misprision
.
But
some
other
offences
,
partly
by
the
common
Lawe
,
and
partly
by
Statute
be
misprision
of
treason
,
besides
concealement
or
kéeping
secret
of
treason
,
which
be
héereafter
expressed
.
21
By
reason
that
diuers
euill
disposed
persons
,
as
well
without
this
Realme
,
as
within
were
boldened
to
counterfait
and
forge
such
kinde
of
golde
and
siluer
,
and
vtter
the
same
in
the
Realme
,
as
is
not
the
proper
coine
of
this
Realme
,
nor
currant
in
paiment
in
this
Realme
,
because
before
there
was
no
condigne
punishment
prouided
for
such
offences
:
For
the
redresse
whereof
,
St.
14.
El.
3
by
a
Statute
made
Anno
14.
Elizab.
3.
it
was
enacted
,
That
if
any
person
or
persons
shall
héereafter
falsely
forge
,
Counterfaiting
of
money
not
currant
.
or
counterfait
any
such
coine
of
golde
or
siluer
,
as
is
not
the
proper
coine
of
this
Realme
,
nor
permitted
to
be
currant
within
this
Realme
:
Then
euery
such
offence
shall
be
déemed
and
adiudged
Misprision
of
high
Treason
:
And
the
offendors
therein
,
their
procurors
,
aiders
,
and
abettors
,
being
conuicted
according
to
the
Lawes
of
this
Realme
of
such
offences
,
shall
be
imprisoned
and
forfeit
such
Landes
,
goodes
,
and
Chattells
,
as
in
cases
of
Misprision
of
treason
,
for
concealement
of
treason
.
S.
Br.
6.
St.
23.
Eli.
1
22
By
the
Statute
made
Anno
23.
Elizab.
1.
Aiding
of
perswaders
to
Romish
religion
.
it
is
enacted
and
declared
,
That
all
and
euerie
person
and
persons
that
shall
wittingly
bée
Aidors
or
Maintainors
of
such
persons
as
shall
offend
in
perswading
or
reconciling
to
the
Romish
Religion
,
or
in
being
reconciled
thereunto
,
or
in
any
of
the
same
offences
,
knowing
the
same
,
or
which
shall
conceale
any
of
the
saide
offences
,
and
shall
not
within
twentie
daies
at
the
furthest
after
such
persons
knowledge
of
such
offence
disclose
the
same
to
some
Iustice
of
Peace
,
or
other
higher
officer
,
shall
be
taken
,
tried
,
and
iudged
,
and
shall
suffer
,
and
forfeit
as
offendors
in
misprision
of
Treason
.
S.
Br.
17.
Concealing
of
reconciliation
offered
.
23
By
the
Statute
made
Anno
13.
Elizab.
2.
it
was
ordained
,
St.
13.
Eli.
2.
That
if
any
person
or
persons
to
whom
anie
absolution
,
reconciliation
,
bull
,
writing
,
or
instrument
obtained
from
the
Bishop
of
Rome
,
or
any
of
his
successors
,
or
from
any
other
claiming
authoritie
,
from
,
or
by
them
,
shall
be
offered
,
mooued
,
or
perswaded
to
be
vsed
,
put
in
vre
,
or
executed
,
shall
conceale
the
same
offer
,
motion
,
or
perswasion
,
and
not
disclose
and
signifie
the
same
by
writing
,
or
otherwise
,
within
sixe
wéekes
then
next
following
,
to
some
of
the
Quéenes
priuie
Councell
,
or
to
the
president
or
vicepresident
established
in
the
North
,
or
the
Marches
of
Wales
for
the
time
being
:
Then
the
same
person
or
persons
so
concealing
,
shall
incurre
the
penaltie
and
forfeit
of
misprision
of
high
Treason
.
But
no
person
or
persons
shall
be
troubled
,
in
,
or
for
misprision
of
high
Treason
,
for
any
offence
made
Treason
by
this
Act
,
other
than
such
as
by
this
Act
before
are
declared
to
be
in
case
of
misprision
of
high
Treason
,
S.
Br.
16.
Recording
an
indictment
not
found
.
24
If
a
Iustice
of
Peace
doe
inroll
a
bill
of
indictment
not
found
by
the
Countrey
,
amongst
other
indictments
which
be
found
;
2.
R.
3.
10.
This
is
a
great
misprision
,
and
fineable
,
and
he
shall
loose
his
office
.
Drawing
a
sword
to
strike
a
Iustice
.
25
If
one
draw
his
sword
to
strike
a
Iustice
assigned
,
Mi.
22.
Ed.
3
13.
sitting
in
place
of
Iudgement
,
this
is
misprision
of
Treason
,
and
the
offender
being
indicted
,
and
found
guiltie
thereof
,
shall
haue
iudgement
to
forfeit
his
landes
and
chattels
,
&
to
haue
his
right
hand
cut
off
,
&
to
be
perpetually
imprisoned
:
for
that
the
Iustice
assigned
by
the
Kings
Commission
to
execute
iustice
,
sitteth
in
the
place
and
stead
of
the
King
,
and
so
the
offender
opposeth
himselfe
against
the
King
,
and
the
office
of
iustice
.
Striking
a
Iuror
in
a
Iustices
presence
.
26
If
in
the
presence
of
a
Iustice
assigned
,
M.
19.
Ed.
3.
Fitz.
Iudgement
.
174.
one
doe
strike
a
Iurour
that
is
returned
vpon
an
Enquest
:
this
is
misprision
of
Treason
,
and
the
offender
being
indicted
thereof
,
shall
haue
iudgement
to
loose
his
lands
and
goodes
to
the
King
,
to
haue
his
right
hand
stricken
off
,
and
to
be
committed
to
perpetuall
prison
.
Striking
in
Westminster
Hall
.
27
And
the
same
Law
is
,
Fitz.
Cor.
280.
M.
2.
&
3.
P.
&
M.
Dy.
188.
if
one
strike
another
in
Westminster
Hall
during
the
time
that
the
Kings
Courts
be
sitting
there
,
and
be
indicted
thereof
;
this
is
misprision
of
Treason
,
and
an
indignitie
offered
to
the
Magistrates
,
and
place
of
iustice
:
Therefore
in
this
case
the
offender
shall
haue
iudgement
to
haue
his
right
hand
cut
off
,
to
loose
his
lands
,
and
goods
,
and
to
be
perpetually
imprisoned
.
Re●scuing
a
prisoner
arrested
by
a
Iudge
.
28
If
one
of
the
Kings
Iustices
assigned
,
M.
22.
Ed.
3.
13.
doe
arrest
any
person
which
hath
made
a
fray
before
him
,
and
a
stranger
will
rescue
the
prisoner
,
whereby
he
doth
escape
,
this
is
misprision
of
Treason
,
and
in
this
case
,
as
well
the
prisoner
,
as
he
that
made
the
rescous
,
shall
forfeit
to
the
King
his
landes
and
goods
,
and
be
imprisoned
during
their
liues
:
Because
the
attachment
of
such
a
Iustice
,
is
the
Kings
owne
attachment
in
the
construction
of
Lawe
.
29
Because
striking
in
the
Kings
pallace
,
or
where
he
shall
remaine
in
person
,
is
a
kinde
of
disgrace
offered
vnto
,
or
contempt
had
of
the
maiestie
of
the
king
,
who
is
the
head
of
the
common
wealth
,
and
the
chiefe
preseruer
of
peace
therein
,
and
therefore
it
is
to
be
accounted
a
great
Misprision
,
and
worthy
of
seuere
punishment
:
wherefore
for
the
preuention
thereof
,
Shedding
of
blood
within
the
kings
palace
.
by
a
Statute
made
Anno
33.
St.
33.
H.
8.
12.
H.
8.
12.
it
was
established
,
That
if
any
person
or
persons
shall
malitiously
strike
any
other
person
,
whereby
blood
shall
be
shedde
in
any
of
the
Kings
houses
,
or
Palaces
,
or
any
other
house
wherein
the
king
,
his
heires
,
or
successors
,
shall
bee
at
that
time
abiding
in
his
royall
person
,
viz.
within
any
edifices
,
courts
,
places
,
gardens
,
orchards
,
or
houses
within
the
Porters
ward
of
any
of
the
houses
aboue
rehearsed
,
or
within
any
Gardens
,
priuie
walkes
,
orchards
,
tilt-yards
,
wood-yards
,
tennice-plaies
,
cocke-fights
,
bowling
alleyes
néere
adioyning
to
the
said
houses
,
and
béeing
part
of
the
same
,
or
within
two
hundred
foot
of
the
Standard
of
any
outward
gate
,
or
gates
of
any
of
the
said
houses
,
commonly
vsed
for
passage
from
any
of
the
houses
&c.
and
shal
be
thereof
indicted
,
arraigned
,
and
attainted
,
according
to
the
forme
of
the
said
Statute
,
he
so
offending
,
shall
haue
his
right
hand
cut
off
,
bee
imprisoned
during
his
life
,
and
make
fine
to
the
King
at
his
pleasure
.
But
this
Act
and
the
paines
and
forfeitures
before
rehearsed
shall
not
extend
to
any
Noble
man
,
nor
other
person
,
that
shall
strike
his
seruant
within
the
said
Palaces
,
or
Houses
,
or
the
limits
of
the
same
,
with
his
hand
or
fist
,
or
any
small
staffe
or
sticke
,
for
correction
for
any
offence
committed
:
Nor
to
any
of
the
Kings
officers
,
that
in
execution
of
his
office
,
shall
strike
any
person
with
his
hand
,
fist
,
or
small
staffe
,
sticke
,
or
tipstaffe
:
Nor
to
any
other
person
that
in
doing
seruice
at
any
triumph
,
or
any
other
time
of
seruice
by
the
Kings
,
or
any
of
his
Councel
,
or
other
his
head
officers
commandement
,
shal
for
the
execution
of
his
said
seruice
strike
any
person
with
his
hand
,
fist
,
smal
staffe
,
or
stick
,
or
any
tipstaffe
within
the
same
palace
,
house
,
&c.
although
by
reason
of
the
same
stroke
or
strokes
,
there
happen
to
bée
any
blood-shed
of
such
person
as
shal
be
so
stricken
,
except
the
person
so
stricken
die
of
the
same
stroke
within
one
yeare
next
after
.
And
so
it
is
to
be
noted
by
the
foresaid
Statute
of
33.
H.
8.
and
the
foure
cases
next
precedent
,
that
striking
in
the
Kings
Palace
,
or
House
where
himselfe
doth
make
his
abode
is
not
so
penall
,
as
striking
,
or
drawing
a
weapon
to
strike
is
,
where
he
is
but
represented
by
others
in
time
and
place
of
Iustice
;
for
the
law
doth
inflict
a
more
seuere
punishment
vpon
him
who
striketh
,
or
draweth
his
weapon
to
strike
,
in
place
&
time
of
execution
of
Iustice
,
than
it
doth
to
him
who
offereth
the
like
violence
in
the
house
,
and
at
the
time
where
the
kings
owne
person
is
remaining
:
In
which
case
the
offendor
receiueth
no
punishment
at
all
for
striking
,
or
drawing
of
his
weapons
to
strike
,
vnlesse
blood
be
shed
thereby
.
Which
lawes
doe
procéed
of
the
great
care
and
reuerend
respect
that
is
had
of
Iustice
,
and
of
peace
ensuing
thereof
.
30
For
as
much
as
some
doubts
and
questions
were
mooued
,
that
certaine
kinds
of
Treasons
,
Misprisions
,
and
concealements
of
Treasons
,
committed
out
of
this
Realme
,
could
not
by
the
common
lawes
of
this
Realme
be
enquired
of
,
heard
,
and
determined
within
this
Realme
of
England
:
for
a
plaine
declaration
whereof
,
St.
35.
H.
8.
2
26.
H.
8.
13.
5.
Ed.
6.
11.
by
a
Statute
made
Anno
35.
H.
8.
it
was
enacted
,
That
all
manner
of
offences
béeing
alreadie
made
or
declared
,
or
hereafter
to
bee
made
or
declared
to
be
Treasons
,
Misprisions
of
Treasons
,
or
concealements
of
Treasons
,
and
done
,
perpetrated
,
or
committed
by
any
person
or
persons
out
of
this
Realme
of
England
,
shal
be
enquired
of
,
heard
,
and
determined
before
the
Kings
Iustices
of
his
Bench
for
pleas
to
be
holden
before
himselfe
,
Trial
of
treasons
committed
out
of
the
Realme
.
by
good
and
lawfull
men
of
the
same
shire
,
where
the
said
Bench
shall
sit
,
and
bée
kept
:
or
else
before
such
Commissioners
,
and
in
such
shire
of
the
Realme
,
as
shall
be
assigned
by
the
Kings
Commission
,
and
by
good
and
lawfull
men
of
the
same
Shire
,
in
like
manner
and
forme
to
all
intents
,
as
if
such
treasons
&c.
had
béene
committed
in
the
same
shire
,
where
they
shall
be
so
inquired
of
,
heard
,
and
determined
as
is
aforesaid
.
And
if
any
Péere
of
this
Realme
shall
be
indicted
of
any
such
Treasons
&c.
then
he
shall
haue
his
triall
by
his
Péeres
,
&c.
Which
foresaid
Statute
of
Anno
35.
H.
8.
remaineth
in
force
notwithstanding
the
Statute
of
Anno
1.
&
2.
P.
&
M.
10.
By
which
it
is
ordered
,
h.
13.
El.
Dyer
.
298.
That
all
Trials
had
,
awarded
,
or
made
for
any
Treason
,
shall
bee
had
and
vsed
onely
according
to
the
course
of
the
common
lawes
of
this
Realme
,
and
not
otherwise
.
Outlawrie
of
offendors
in
Treason
beeing
beyond
Sea
.
31
By
a
branch
of
a
Statute
made
Anno
26.
H.
8.
it
was
ordained
,
That
all
Proces
of
Outlawrie
to
be
made
within
this
Realme
,
against
any
offendors
in
Treason
,
being
resiant
or
inhabiting
out
of
this
Realme
,
or
beyond
the
Sea
,
at
the
time
of
the
Outlawrie
pronounced
,
shal
be
as
good
and
effectuall
in
the
law
to
all
intents
,
as
if
any
such
offendors
had
béene
resiant
within
this
Realme
,
at
the
time
of
such
Proces
awarded
,
&
Outlawrie
pronounced
.
And
after
by
a
Statute
made
Anno
5.
E.
6.
it
was
conditioned
and
prouided
,
St.
5.
E.
6.
11.
That
if
the
partie
so
outlawed
shall
within
one
yeare
after
the
said
Outlawrie
pronounced
,
or
iudgement
giuen
thereupon
,
yéeld
himselfe
to
the
chiefe
Iustice
of
England
for
the
time
beeing
,
and
offer
to
trauerse
the
said
indictment
,
or
Appel
,
whereupon
the
said
Outlawrie
shal
be
pronounced
:
then
he
shal
be
receiued
to
the
said
trauerse
&
being
thereupon
found
not
guiltie
by
verdict
of
xij
.
men
,
he
shal
be
cleerely
discharged
of
the
said
Outlawrie
,
and
of
all
penalties
and
forfeitures
by
reason
of
the
same
;
as
though
no
such
Outlawrie
had
bin
made
.
And
it
is
to
be
noted
,
h.
12.
El.
Dyer
287.
that
the
foresaid
two
Statutes
doe
extend
to
offendors
in
any
manner
of
Treasons
by
the
Common
law
,
or
Statute
,
and
not
to
those
onely
which
were
declared
to
be
Treasons
by
the
Statute
of
25.
Edw.
3.
32
For
the
spéedie
triall
and
punishment
of
such
persons
,
as
shall
commit
any
manner
of
Treasons
within
the
Principalitie
of
Wales
,
and
the
Marches
of
the
same
,
or
elsewhere
within
the
Kings
dominions
,
where
his
originall
Writs
in
the
Chauncerie
of
England
commonly
runne
not
,
by
a
Statute
made
Anno
32.
H.
8.
it
was
enacted
,
That
all
such
Treasons
and
Misprisions
of
Treasons
as
is
aforesaid
,
Triall
of
treasons
committed
in
wales
.
shall
be
presented
,
St.
32.
H.
8.
4.
and
tried
by
the
oathes
of
twelue
men
,
inhabiting
within
any
such
Shires
,
and
before
such
commissioners
,
as
the
King
from
time
to
time
in
such
cases
shall
assigne
and
appoint
by
his
Commission
,
or
Commissions
of
Oyer
&
Determiner
,
in
like
manner
&
forme
,
as
if
such
Treasons
,
or
misprisions
of
treasons
had
bin
done
and
committed
within
such
of
the
said
Shires
,
into
the
which
the
said
Commissions
of
Oyer
and
Determiner
shall
bée
directed
,
as
is
aforesaid
:
And
all
Presentments
,
Trials
,
Processes
,
Iudgements
,
Executions
,
and
forfeitures
hereafter
to
be
had
,
made
,
or
done
by
vertue
of
such
Commissions
,
shal
be
good
and
effectuall
in
the
law
,
to
all
purposes
.
Any
graunt
,
custome
,
or
vsage
,
to
the
contrarie
notwithstanding
&c.
After
that
,
by
the
Statute
made
ann
1.
&
2.
P.
&
.
M.
it
was
enacted
,
That
all
trials
hereafter
to
be
had
,
St.
1.
&
2.
P.
&
M.
10.
awarded
,
or
made
for
any
Treason
,
shal
be
had
and
vsed
onely
according
to
the
due
Order
and
Course
of
the
common
law
of
this
Realme
,
&
not
otherwise
.
Quaere
whether
this
Statute
of
1.
&
2.
P.
&
M.
doth
repell
or
take
away
the
force
of
the
before
rehearsed
Statute
of
32.
H.
8.
St.
33.
H.
8.
20.
33
By
a
statute
made
ann
33.
H.
8.
it
was
established
,
The
force
of
attainder
of
treason
by
the
common
law
.
That
if
any
person
or
persons
shal
be
attainted
of
high
Treason
by
the
course
of
the
common
laws
or
statutes
of
this
Realme
,
in
euery
such
case
,
euery
such
attainder
by
the
common
law
shal
be
of
as
good
strength
,
value
,
force
,
&
effect
,
as
if
it
had
bin
done
by
authoritie
of
Parliament
.
And
the
king
,
his
heires
,
and
successors
shall
haue
as
much
aduantage
by
such
attainder
,
as
well
of
vses
,
rights
,
entries
,
conditions
,
and
possessions
,
reuersions
,
remainders
,
and
all
other
things
,
as
if
it
had
béene
done
and
declared
by
authoritie
of
Parliament
,
and
shal
be
deemed
and
adiudged
in
actuall
and
reall
possession
of
the
lands
,
tenements
,
hereditaments
,
vses
,
goods
,
chattels
,
and
all
other
things
of
the
offendors
so
attainted
,
which
his
Highnesse
ought
lawfully
to
haue
,
and
which
they
so
béeing
attainted
,
ought
or
might
lawfully
loose
and
forfeit
,
if
the
attainder
had
béene
done
by
the
authoritie
of
Parliament
,
without
any
office
or
inquisition
to
be
found
of
the
same
:
Any
Law
,
Statute
,
&c.
notwithstanding
.
Sauing
to
all
and
euery
perfect
and
persons
,
and
bodies
politique
,
and
their
heires
,
assignes
,
and
successors
,
and
euery
of
them
,
(
other
than
such
person
and
persons
which
shall
be
attainted
of
high
Treason
,
and
their
heires
and
assignes
,
and
euery
of
them
,
and
all
and
euery
other
person
and
persons
claiming
by
them
,
or
any
of
them
,
or
to
the
vses
of
any
of
them
,
after
the
said
Treasons
committed
)
all
such
right
,
title
,
vse
,
possession
,
entrie
,
reuersions
,
remainders
,
interests
,
conditions
,
fees
,
offices
,
rents
,
annuities
,
commons
,
leases
,
and
all
other
commodities
,
profits
,
and
hereditaments
whatsoeuer
,
they
,
or
any
of
them
,
should
,
might
,
or
ought
to
haue
had
,
if
this
Act
had
neuer
bin
made
.
34
Because
through
corruption
,
or
negligent
kéeping
,
the
Records
of
attainders
of
Treasons
happen
to
be
many
times
impaired
,
blemished
,
or
otherwise
to
be
defectiue
;
St.
29.
El.
2.
therefore
by
a
Statute
made
ann
29.
El.
it
was
ordained
,
That
no
Record
of
attainder
that
now
is
,
of
any
person
or
persons
,
No
record
of
attainder
shall
be
reuersed
when
the
offendor
is
executed
.
of
or
for
any
high
Treason
,
where
the
partie
so
attainted
,
is
,
or
hath
béene
executed
for
the
same
Treason
,
shall
by
the
heire
or
heires
,
of
any
such
person
,
or
by
any
other
whatsoeuer
,
clayming
in
,
by
,
from
,
or
vnder
any
such
heire
,
or
heirs
,
be
in
any
wise
hereafter
reuersed
,
vndone
,
auoyded
,
or
impeached
by
any
plea
,
or
for
any
error
whatsoeuer
.
But
this
Act
shall
not
extend
to
any
Record
of
attainder
of
or
for
any
treason
vpon
which
any
writ
of
Error
is
now
depending
,
or
which
Record
is
already
reuersed
,
repealed
,
or
vndone
,
by
or
for
any
error
,
matter
,
plea
,
or
cause
whatsoeuer
,
but
the
same
shall
be
and
remaine
as
vnto
,
and
against
that
partie
at
whose
suit
the
same
writ
of
Error
is
depending
,
or
at
whose
pursuit
the
same
Record
hath
bin
reuersed
,
repealed
,
or
vndone
,
&
his
,
&
their
heires
and
assignes
onely
,
as
if
this
Act
had
neuer
beene
had
,
or
made
:
Any
thing
in
this
Act
&c.
M.
33.
H.
8.
Dyer
50.
35
If
an
offence
be
murder
,
or
other
felonie
by
the
common
lawe
,
Felony
made
treason
by
Statute
.
and
after
the
same
offence
shal
be
made
treason
by
a
Statute
,
Then
it
is
not
punishable
as
murder
and
felonie
,
but
as
Treason
:
And
no
appeale
will
lie
thereof
,
and
the
Kings
pardon
of
all
Treasons
will
discharge
the
offendor
therein
.
An
English
traitor
subiect
to
another
prince
.
36
If
an
English
man
borne
beeing
indicted
of
high
Treason
,
P.
13.
El.
Dyer
300.
will
vpon
his
arraignment
plead
,
that
he
will
not
answer
to
the
said
indictment
,
for
that
he
is
a
subiect
and
seruant
to
a
forraine
Prince
,
and
not
subiect
to
the
King
of
England
:
in
this
case
the
Court
will
record
a
Nihil
dicit
,
and
he
shall
haue
such
iudgement
as
is
vsed
in
cases
of
Attainder
of
Treason
.
An
alien
borne
committeth
treason
.
37
If
an
alien
borne
doe
commit
high
Treason
in
England
in
the
time
of
peace
,
betwéen
England
and
that
Nation
where
the
same
alien
was
borne
,
P.
3.
&
4.
P.
&
M.
Dyer
140.
H.
33.
H.
6.
1
he
shal
be
indicted
and
arraigned
of
high
treason
,
and
shall
haue
iudgement
according
to
his
desert
.
But
if
it
were
in
the
time
of
warre
betwéene
England
and
that
nation
where
the
said
alien
was
borne
,
then
the
alien
shall
be
ransomed
,
and
not
arraigned
.
Ioyning
the
kings
armes
with
his
owne
.
38
An
Earle
of
this
Realme
was
attainted
of
high
treason
,
An.
38.
H.
8.
Bro.
Treason
2.
for
ioyning
the
Armes
of
England
before
the
Conquest
,
and
the
Armes
since
,
to
his
owne
Armes
,
&
for
some
other
offences
:
Quaere
within
which
words
of
the
first
rehearsed
Statute
of
25.
E.
3.
or
of
any
other
Statute
at
the
time
of
his
arraignment
in
force
,
that
offence
was
comprised
and
made
Treason
.
S.
Triall
by
Peeres
.
2.
❧
Homicide
.
HOmicide
is
a
word
compound
,
and
is
deriued
of
these
two
words
,
B●acton
de
corona
.
viz.
hominis
&
cedium
,
and
the
most
apt
and
proper
definition
thereof
is
,
when
one
man
or
moe
men
doe
kill
another
man
:
for
if
a
man
be
killed
by
a
dogge
,
a
beast
,
or
other
thing
,
it
is
not
properly
termed
homicide
.
The
said
homicide
may
be
committed
by
seuerall
meanes
,
viz.
by
iustice
,
Homicide
by
iustice
.
as
when
a
Iudge
doth
command
or
pronounce
his
sentence
,
that
a
man
attainted
by
course
of
law
shal
be
put
to
death
:
By
necessitie
,
Homicide
by
necessitie
.
as
when
one
man
killeth
an
other
with
griefe
and
sorrowe
of
minde
,
thereby
to
deliuer
himselfe
,
or
that
which
is
his
,
or
some
other
persons
,
or
things
which
he
is
bound
to
defend
from
further
perill
,
which
he
or
they
cannot
otherwise
escape
:
By
mischance
,
By
mischance
.
as
when
a
man
casteth
a
stone
at
a
bird
,
or
a
beast
,
or
is
in
lopping
or
felling
of
a
trée
,
and
another
man
passing
by
is
slaine
therewith
,
without
the
foreknowledge
and
against
the
will
of
him
who
did
the
déede
:
By
will
,
By
will
.
as
when
one
man
hath
a
will
to
fight
with
another
,
and
then
doth
kill
him
,
or
some
other
that
is
in
his
company
,
and
doth
take
his
part
in
that
combate
:
But
of
this
Homicide
by
will
there
bée
two
sortes
,
whereof
the
one
is
called
Murder
,
and
that
is
,
By
murder
.
when
one
man
vpon
malice
prepenced
,
and
forethought
,
doth
feloniously
kill
an
other
.
And
the
other
is
called
Manslaughter
,
or
Chance
medley
,
and
that
is
,
By
manslaughter
.
when
two
men
fight
together
vpon
a
suddaine
heat
of
blood
,
without
any
malice
precedent
,
and
one
of
them
doth
kill
the
other
.
2
If
a
man
be
adiudged
by
the
court
to
be
hanged
,
Homicide
by
iustice
.
and
the
Sherife
is
commanded
by
the
Iudge
to
doe
execution
in
that
manner
,
and
he
doth
it
accordingly
;
this
is
Homicide
by
iustice
.
But
if
the
Sherife
do
behead
him
,
or
cause
him
to
be
beheaded
,
or
by
any
other
meanes
to
be
put
to
death
,
than
according
to
the
Iudgement
,
M.
35.
H.
6.
58.
this
is
no
Homicide
by
iustice
,
but
felonie
in
the
Sherife
,
The
order
of
law
,
not
obserued
in
execution
of
Iustice
.
for
that
he
hath
not
obserued
the
order
of
the
Law
,
viz.
the
iudgement
in
putting
the
offendor
to
death
.
And
the
same
law
is
,
if
one
which
is
not
Sherife
,
or
other
officer
thereunto
lawfully
deputed
,
will
put
to
death
an
offendor
that
is
condemned
to
die
vpon
his
owne
authoritie
:
for
that
is
no
Homicide
by
iustice
,
but
felonie
in
him
who
beeing
not
the
Kings
officer
thereunto
assigned
,
hath
killed
one
of
the
Kings
Subiects
,
without
warrant
of
his
law
.
And
therefore
if
the
Iudge
himselfe
who
gaue
iudgement
of
death
against
an
offendor
,
shall
after
put
the
same
offendor
to
death
,
it
is
not
iustifiable
,
but
beeing
indited
and
arraigned
thereof
,
he
must
plead
not
guiltie
.
And
in
this
case
the
wife
may
haue
an
Appell
of
the
death
of
her
husband
so
put
to
death
,
against
the
said
Sherife
or
other
person
,
though
the
heire
cannot
haue
an
Appell
of
the
death
of
his
father
so
executed
,
because
his
blood
is
corrupted
by
the
Attainder
.
35.
H.
6.
57.
No
man
may
kill
him
that
is
outlawed
of
felony
,
or
attainted
in
a
Praemunire
.
3
If
a
man
be
attainted
of
felonie
by
Outlawrie
,
it
is
Homicide
by
iustice
for
the
Iudge
before
whom
he
is
brought
,
to
command
him
to
be
put
to
death
,
and
for
the
sherife
to
sée
execution
done
of
him
,
according
to
the
iudgement
,
2.
Ass.
p.
3.
27.
Ass.
p.
4.
35.
H.
6.
58.
viz.
to
hang
him
:
But
it
is
felonie
and
not
Homicide
by
iustice
,
for
any
other
man
of
his
owne
authoritie
to
kill
him
.
And
for
as
much
as
it
was
doubtfull
whether
by
the
lawes
of
this
realme
there
was
any
punishment
for
such
as
kill
,
or
slea
any
person
or
persons
attainted
in
,
or
vpon
any
Praemunire
.
Therefore
by
a
Statute
made
ann
5.
El.
1.
it
was
enacted
,
St.
5.
El.
1.
That
it
shall
not
be
lawfull
to
any
person
or
persons
to
slea
or
kil
any
person
or
persons
in
any
manner
attainted
,
or
hereafter
to
be
attainted
of
,
in
,
or
vpon
any
Praemunire
by
pretence
,
reason
,
or
authoritie
or
force
of
any
word
,
or
words
,
thing
or
things
contained
or
specified
in
any
Statute
or
Law
of
Prouision
and
Praemunire
,
or
in
any
of
them
:
Any
Law
,
Statute
,
Opinion
,
or
Exposition
to
the
contrarie
notwithstanding
:
So
that
to
kill
any
person
attainted
vpon
a
Praemunire
is
felonie
,
and
not
Homicide
by
iustice
.
Killing
a
felon
that
will
not
be
arrested
.
4
A
shirife
,
a
bayly
,
22.
Ass.
p.
45
Fi.
Cor.
261
or
any
other
which
hath
warrant
to
arrest
a
man
indicted
of
Felony
,
may
well
iustifie
the
killing
of
him
,
if
he
wil
not
suffer
himselfe
to
be
arrested
,
but
that
he
doth
stand
at
his
defence
,
in
such
manner
,
that
the
officer
and
his
assistants
cannot
arrest
him
without
killing
of
him
.
And
in
this
case
the
officer
shal
be
discharged
without
the
kings
pardon
:
for
this
is
homicide
by
iustice
done
vpon
him
,
who
refuseth
to
yéeld
vnto
,
and
submit
himselfe
to
the
iustice
of
the
Law
.
And
euery
person
,
as
well
he
that
hath
no
warrant
,
as
he
that
hath
,
may
apprehend
a
Felon
:
and
if
he
wil
not
yeeld
to
be
arrested
,
but
stand
to
his
defence
,
or
flie
,
the
pursuer
may
kill
him
without
blame
,
the
arrest
being
for
Felony
,
and
therein
he
shall
commit
homicide
by
iustice
.
And
by
the
statute
of
Anno
1.
Killing
of
such
as
be
vnlawfully
assembled
.
M.
it
is
established
,
That
if
any
persons
,
St.
1.
M.
12.
aboue
the
number
of
two
,
shall
vnlawfully
assemble
together
,
to
the
intent
with
force
&
armes
to
doe
,
practise
,
or
put
in
vre
any
of
the
things
in
the
said
statute
mentioned
,
then
it
shall
be
lawfull
to
euery
Iustice
of
peace
,
and
to
euery
Shirife
,
Mayor
,
Bailife
,
and
other
head
officer
of
any
Citie
,
or
Towne
corporat
,
or
to
any
other
hauing
the
Kings
commission
,
or
letters
,
to
raise
&
assemble
the
Kings
subiects
in
maner
of
warre
to
be
arraied
in
such
great
number
as
he
or
they
shall
thinke
méet
or
able
,
to
the
intent
by
violence
of
strength
to
suppresse
and
take
the
said
persons
so
vnlawfully
assembled
.
And
if
the
said
persons
so
vnlawfully
assembled
,
or
any
of
them
shall
fortune
to
be
slaine
,
maihemed
,
or
hurt
,
in
,
or
about
the
repressing
or
taking
of
them
,
then
euery
such
Iustice
,
mayor
,
sherife
,
&c.
and
euery
other
person
hauing
authoritie
as
is
aforesaid
,
and
euery
person
and
persons
by
him
or
them
assembled
,
shal
be
free
,
discharged
,
and
vnpunished
,
as
well
against
the
King
,
as
against
all
and
euery
other
person
and
persons
,
of
,
for
,
or
concerning
such
killing
,
maiheming
,
hurting
,
&c.
for
it
is
homicide
by
iustice
done
and
committed
by
persons
lawfully
authorised
,
vpon
such
riotous
and
rebellious
persons
which
after
Proclamation
made
will
not
depart
,
and
seuer
themselues
asunder
,
and
submit
and
yeeld
themselues
obedient
to
the
law
of
the
Realme
.
S.
Riots
37.
5
As
any
man
may
iustifie
the
killing
of
another
before
arrest
,
Killing
him
that
is
carrying
to
the
Gaole
.
if
he
wil
not
yeeld
,
so
may
he
doe
after
arrest
,
if
there
be
any
ineuitable
necessitie
therein
:
as
if
an
offendor
be
arrested
for
felony
,
22.
Ass
p.
55
Fitz.
Cor.
288.
and
when
he
is
in
leading
towards
the
Gaole
he
breaketh
from
those
that
doe
conduct
him
,
and
flieth
away
,
and
his
conductors
doe
pursue
him
so
,
that
they
cannot
apprehend
and
take
him
againe
without
killing
of
him
:
In
this
case
,
if
they
doe
kill
him
,
this
is
homicide
by
iustice
,
and
iustifiable
,
for
that
the
offendors
would
not
yeeld
to
the
triall
&
iustice
of
the
law
.
But
if
he
which
killed
the
offendor
,
procured
the
matter
which
is
iustifiable
for
the
cause
aforesaid
,
to
be
found
before
himselfe
,
in
respect
of
some
iurisdiction
which
he
hath
to
enquire
of
felonies
,
Fi.
Cor.
328
he
shall
not
bée
discharged
vpon
such
an
indictment
found
,
vntill
he
be
arraigned
thereof
,
and
the
matter
also
found
by
verdict
,
because
he
himselfe
was
Iudge
.
But
the
law
is
otherwise
if
it
were
found
before
other
commissioners
.
6
As
a
man
may
kill
an
offendor
before
arrest
,
Killing
a
prisoner
attempting
to
escape
.
or
after
arrest
if
he
will
not
yéeld
,
so
in
some
case
a
man
may
kil
him
that
is
vnder
arrest
,
&
in
prison
:
As
a
Gaoler
came
in
the
night
with
a
Lanthorne
in
his
hand
to
see
his
prisoners
,
who
before
his
comming
had
broken
their
yrons
,
22.
Ass.
p
55
and
stood
all
ready
to
kil
him
,
and
did
beat
and
euill
intreat
him
,
and
he
hauing
a
hatchet
in
his
hand
,
therewith
slew
two
of
them
,
and
escaped
from
the
residue
:
This
was
adiudged
to
be
well
done
,
and
to
deserue
no
punishment
,
for
this
was
by
the
Gaoler
homicide
done
by
iustice
,
to
kill
them
who
attempted
to
kill
him
,
and
who
indeauoured
to
escape
the
triall
and
iustice
of
the
law
.
St.
24.
H.
8.
5
7
It
appeareth
by
the
Statute
of
ann
24.
H.
8.
5.
Killing
him
that
attempteth
robbery
or
burglary
.
That
it
is
homicide
iustifiable
,
if
a
man
doe
kill
an
offendor
which
attempteth
feloniously
to
robbe
,
or
murder
him
,
22.
Ass.
p.
55
26.
As
p.
23
&
32.
Co.
l.
5.
f.
91
Fi.
Cor.
303
&
305.
in
,
or
néere
any
high
way
,
cart
way
,
horse
way
,
or
foot
way
,
or
in
his
mansion
house
,
or
to
kill
him
which
attempteth
burglarie
to
breake
his
dwelling
house
in
the
night
,
and
that
the
same
shal
be
by
verdict
so
found
and
tried
;
for
he
shall
neither
loose
lands
,
goods
,
or
cattels
for
the
death
of
any
such
euill
disposed
person
,
but
shal
be
fully
discharged
as
if
he
were
acquit
thereof
.
8
To
the
intent
that
Trespassors
in
forrests
,
chases
,
parkes
,
and
warrens
,
Killing
of
an
offendor
in
a
Parke
,
warren
,
or
forrest
.
may
more
charily
eschew
,
and
feare
to
enter
and
trespasse
in
the
same
,
by
a
Statute
made
ann
21.
Stat.
11.
E.
1.
E.
1.
it
was
ordained
,
That
if
any
forester
,
parke-kéeper
,
or
warreiner
shall
find
any
offendors
within
his
Bailiwicke
there
wandring
and
doing
hurt
,
which
after
Huy
&
Crie
leuied
to
kéep
the
peace
,
and
obey
the
law
,
will
not
yéeld
themselues
to
the
Forrester
&c.
but
will
flie
&
defend
themselues
by
violence
,
Then
though
the
Forresters
,
Park-kéepers
,
and
Warreiners
,
&
any
other
comming
in
their
companie
to
kéep
the
Kings
peace
,
endeauouring
to
arrest
such
offendors
,
doe
kil
any
of
the
same
offendors
,
he
shal
neither
suffer
death
,
nor
sustaine
any
other
trouble
or
punishment
therefore
:
But
if
any
of
the
said
Forresters
,
Parke-keepers
,
or
Warriners
,
or
any
other
by
reason
of
contention
,
despite
,
or
hatred
,
will
lay
to
any
mans
charge
passing
through
his
Bailiwicke
,
that
hee
came
thither
to
doe
hurt
,
whereas
hee
did
not
,
neither
was
found
wandring
or
offending
,
and
so
kill
him
,
and
thereof
be
conuicted
,
he
shal
be
punished
for
his
death
,
as
he
ought
to
be
for
the
death
of
an
other
being
in
the
Kings
peace
.
And
by
this
meanes
the
Forrester
doth
commit
homicide
by
iustice
vpon
the
offendor
,
because
he
will
not
submit
himselfe
,
and
yeeld
to
be
iustified
by
the
law
.
9
If
the
king
haue
an
auncient
Chace
,
whereof
the
Lieutenants
,
M.
15.
&
16
El.
Dyer
.
327.
or
Kéepers
haue
vsed
time
out
of
the
remembrance
of
man
,
as
well
by
night
as
by
day
to
hunt
in
the
Manor
of
Dale
adioyning
to
the
said
Chace
such
deare
as
do
strate
out
of
the
same
Chace
into
the
said
Manor
,
as
in
the
purlewe
of
the
said
chace
,
but
yet
diuided
from
the
same
with
hedge
and
ditch
.
And
after
the
same
Manor
of
Dale
doth
come
vnto
the
Kings
hands
,
and
the
King
doth
grant
the
same
Manor
to
another
and
his
heires
,
and
further
doth
grant
vnto
the
same
person
frée
Warreine
in
all
his
demesne
lands
of
the
said
Manor
,
Vnity
of
possession
in
a
chace
,
and
a
manor
adioyning
,
hauing
free
warrein
.
which
frée
Warreine
hath
bin
before
confirmed
by
diuers
auncient
Charters
with
these
words
,
viz.
Ita
quod
nullus
intret
in
Warrennam
illam
ad
fugandum
sine
licentia
&
voluntate
of
the
grauntée
of
the
said
Manor
.
In
this
case
,
notwithstanding
the
vnitie
of
the
possession
of
the
Chace
,
and
the
Manor
of
D.
in
the
king
,
and
notwithstanding
the
Kings
grant
of
the
manor
,
and
the
confirmation
of
the
warreine
with
the
generall
words
of
the
Prohibition
aforesaid
(
which
doe
onely
extend
to
the
Subiect
)
the
kings
libertie
of
the
purlewe
doth
remain
vnextinguished
.
And
therefore
if
one
of
the
Kings
Kéepers
of
the
said
Chace
shall
come
into
the
said
Manor
of
D.
being
purliew
to
fetch
in
his
straied
déere
,
it
is
not
lawfull
for
the
Lord
of
the
said
manor
of
D.
or
for
any
of
his
seruants
to
kill
him
after
huy
and
crie
made
to
kéep
the
peace
,
and
obey
the
law
,
and
if
he
doe
,
it
is
not
iustifiable
by
the
foresaid
Statute
of
21.
Ed.
1.
for
he
cannot
commit
homicide
by
iustice
,
nor
iustifie
the
killing
of
him
in
his
Warreine
,
who
hath
in
a
sort
,
and
to
some
purpose
,
interest
,
to
come
into
the
said
ground
to
fetch
forth
his
straied
deere
.
One
killing
another
in
combat
.
10
If
in
Appell
of
murder
,
burglarie
,
or
other
felonie
,
the
defendant
doe
,
37
H.
6.
21
plead
not
guiltie
,
ready
to
defend
it
by
his
body
,
and
the
Appellant
and
Appellée
doe
ioyne
in
the
combat
,
and
one
of
them
doe
kill
another
in
battell
:
This
is
Homicide
by
iustice
,
and
not
punishable
:
for
as
the
law
of
the
Realme
doth
allow
triall
by
battel
in
that
case
,
so
doth
it
ratifie
and
confirme
the
euent
and
successe
thereof
to
be
iustifiable
.
And
the
law
(
depending
vpon
the
iudgement
of
God
,
who
giueth
victory
according
to
the
truth
)
hath
assigned
either
of
them
to
doe
execution
of
iustice
vpon
the
other
,
as
it
hath
assigned
the
Sherife
to
do
execution
of
iustice
vpon
him
that
after
verdict
,
confession
,
or
outlawrie
is
condemned
to
die
.
Homicide
vpon
necessitie
.
11
Homicide
vpon
necessitie
,
as
before
is
said
,
is
when
one
man
killeth
an
other
with
griefe
of
mind
,
and
sorrow
of
heart
,
and
beeing
enforced
vnto
it
,
therby
to
deliuer
him selfe
,
or
that
which
is
his
,
or
some
other
persons
that
he
is
bound
to
defend
from
further
petill
,
which
otherwise
cannot
be
auoyded
,
and
this
homicide
is
by
law
iustifiable
.
As
if
one
or
diuers
persons
come
to
a
mans
house
to
burne
his
house
,
Homicide
in
d●fence
of
his
house
from
burning
.
but
he
or
they
doe
not
burne
it
,
26.
As
p.
23
if
the
owner
of
the
house
or
any
of
his
seruants
doe
shoote
forth
of
the
house
,
Co.
l.
5.
91.
and
kill
the
offendors
or
any
of
them
,
this
is
homicide
by
necessitie
in
defence
of
his
house
,
and
not
felony
.
Lex
Al●re
.
di
.
And
in
like
sort
if
one
or
more
come
to
a
mans
house
to
rob
him
,
Homicide
in
defence
of
a
man
●rom
robbery
.
and
the
owner
or
any
of
his
seruants
,
or
company
being
with
him
in
the
house
doe
kill
the
offendors
,
or
any
of
them
,
this
is
homicide
by
necessitie
in
defence
of
his
goods
,
and
thereby
iustifiable
:
for
a
seruant
may
iustifie
the
killing
of
an
other
in
defence
of
his
masters
person
,
21.
H.
7.
39.
or
house
,
if
the
offence
can
not
be
otherwise
auoided
.
And
he
may
iustifie
the
killing
of
him
who
robbed
and
killed
his
Master
,
26.
Ass.
p.
23
so
that
he
doe
it
presently
.
And
if
one
doe
attempt
to
robbe
an
other
being
out
of
his
house
,
and
pursueth
him
to
that
end
,
26.
As
.
p.
32.
the
true
man
may
kill
the
offendor
,
and
shall
be
discharged
thereof
,
without
any
forfeiture
or
suing
of
the
Kings
pardon
.
And
so
shall
he
in
the
other
former
cases
,
where
anie
doe
attempt
to
burne
,
or
robbe
a
mans
house
:
for
a
mans
house
is
his
Castle
,
out
of
which
the
Lawe
will
not
compell
him
to
flie
.
21.
H.
7.
39.
12
Forasmuch
as
it
was
in
question
,
and
doubt
,
if
any
euill
disposed
person
or
persons
,
doe
attempt
feloniously
to
robbe
or
murder
any
person
or
persons
,
in
,
or
nigh
any
common
high
way
,
cart
way
,
horse
way
,
or
foote
way
,
or
in
their
mansion
,
messuages
,
or
dwelling
places
:
Or
that
feloniously
do
attempt
to
breake
any
dwelling
house
in
the
night
time
,
should
happen
being
in
their
such
felonious
intent
,
to
be
slaine
by
him
,
or
them
whom
the
said
euill
doers
should
so
attempt
to
robbe
,
or
murder
,
or
by
any
person
or
persons
being
in
the
dwelling
house
which
the
same
euill
doers
shall
attempt
burglarily
to
breake
by
night
,
if
the
saide
person
so
happening
in
such
cases
to
slay
any
person
so
attempting
to
commit
such
murder
,
or
burglarie
,
should
for
the
death
of
such
euill
disposed
person
forfeit
and
loose
his
goods
and
cattells
for
the
same
,
as
any
other
person
should
doe
,
that
by
chaunce
medley
should
happen
to
kill
any
other
person
in
his
or
their
defence
:
for
the
declaration
of
which
ambiguitie
and
doubt
by
a
Statute
made
Anno
24.
St.
24.
H.
8.
5
H.
8.
it
was
enacted
,
That
if
any
person
or
persons
shall
be
indicted
or
appealed
for
the
death
of
any
such
euill
disposed
person
or
persons
,
attempting
to
murder
,
robbe
,
No
forfeiture
for
homicide
vpon
necessitie
.
or
burglarily
to
breake
mansion
houses
as
is
aforesaide
,
that
the
person
or
persons
so
indicted
,
or
appealed
thereof
,
and
of
the
same
by
verdict
so
found
and
tried
,
shall
not
forfeit
or
loose
any
lands
,
tenements
,
goods
,
or
cattells
,
for
the
death
of
any
such
euill
disposed
person
in
such
manner
slaine
,
but
shall
be
thereof
,
and
for
the
same
fully
acquited
and
discharged
,
in
like
maner
as
the
same
person
or
persons
should
be
,
if
he
or
they
were
lawfully
acquited
of
the
death
of
the
said
euill
disposed
person
or
persons
.
13
But
if
one
man
doe
come
in
the
day
time
to
an
other
mans
house
,
Killing
another
in
his
owne
defence
in
his
owne
house
.
and
doth
make
an
assault
vpon
him
in
his
owne
house
,
Fi.
Cor.
305
and
doth
fight
with
him
,
if
the
owner
of
the
house
doe
slay
the
assailant
in
his
owne
defence
,
the
owner
of
the
house
shall
forfeit
his
goods
,
and
be
driuen
to
sue
for
the
Kings
pardon
,
except
that
it
be
prooued
and
found
,
that
the
assailant
came
also
to
robbe
the
other
in
his
house
.
14
Homicide
in
a
mans
owne
defence
,
ought
to
be
so
great
,
Necessitie
ineuitable
is
requisite
in
homicide
in
his
owne
defence
.
and
vpon
such
necessitie
,
that
it
must
be
estéemed
to
be
ineuitable
,
or
otherwise
it
will
not
excuse
:
for
héere
the
killer
of
the
man
hath
not
to
doe
with
a
felon
,
as
in
some
of
the
former
cases
,
but
with
a
lawfull
and
true
man
.
And
it
is
not
materiall
whether
the
person
that
did
kill
,
or
the
person
which
was
slaine
did
beginne
the
fray
,
but
the
whole
matter
will
consist
vpon
the
ineuitable
necessity
,
without
the
which
the
killing
is
by
no
meanes
excusable
.
The
definition
of
homicide
in
his
owne
defence
.
And
therefore
the
true
definition
of
Homicide
in
his
owne
defence
is
,
when
the
assailant
doth
make
a
fray
,
Fi.
Cor.
284
286.
287.
297.
or
offer
force
to
the
defendant
,
and
doth
strike
him
,
&
the
defendant
doth
flée
so
far
as
he
can
for
sauing
of
his
life
,
so
that
he
is
come
to
a
straite
,
beyond
the
which
he
cannot
flie
,
and
the
Assailant
doth
continue
his
assault
;
whereupon
the
defendant
doth
strike
the
assailant
,
and
doth
kill
him
,
this
is
homicide
in
his
owne
defence
.
For
if
the
defendant
could
haue
auoyded
the
assailant
,
and
did
not
,
but
when
the
assailant
did
strike
him
,
43.
Ass.
p.
31
he
did
strike
him
againe
and
killed
him
,
this
is
felonie
in
the
defendant
.
And
though
the
defendant
doth
giue
to
the
assailant
diuers
wounds
,
yet
that
is
not
materiall
,
if
he
flie
to
a
straite
before
he
doth
giue
him
the
mortall
wound
:
for
the
Law
doth
allowe
that
iustifiable
,
which
a
man
doth
in
defence
of
his
owne
person
.
And
yet
in
the
case
aforesaid
,
if
the
defendant
vpon
malice
prepenced
,
doth
strike
another
and
then
flie
to
a
wall
or
straite
,
and
the
other
doth
pursue
and
strike
him
,
Fi.
Cor.
387
and
the
defendant
who
fled
doth
kill
the
pursuer
,
this
is
murder
and
not
homicide
in
his
owne
defence
:
for
the
malice
prepenced
was
the
ground
and
beginner
of
this
homicide
,
and
not
necessitie
ineuitable
.
Where
in
homicide
in
his
owne
defence
goods
shall
be
forfeit
,
and
where
not
.
15
One
man
did
strike
another
to
the
ground
,
44.
Ass.
p.
17
and
then
drewe
his
knife
to
kill
him
,
and
the
defendant
lying
vpon
the
ground
drew
his
knife
,
and
the
assailant
was
so
hastie
to
kill
the
defendant
,
that
he
did
fall
vpon
the
defendants
knife
,
and
so
was
slaine
:
In
this
case
the
defendant
was
not
adiudged
guiltie
of
the
assailants
death
,
neither
did
he
forfeit
his
goods
,
for
the
assailant
in
a
maner
killed
himselfe
.
But
if
one
man
doe
strike
another
,
and
the
defendant
doth
flie
to
a
straite
,
Fi.
Cor.
286
287.
and
there
béeing
and
perceiuing
that
the
assailant
would
kill
him
,
holdeth
a
pitchforke
betwéene
the
assailant
and
him
,
and
the
assailant
is
so
fierce
that
he
runneth
vpon
the
pitchforke
,
and
is
slaine
:
In
this
case
the
defendant
shal
be
forced
to
purchase
his
pardon
,
and
shal
forfeit
his
goods
,
for
here
he
did
not
lie
vpon
the
ground
,
but
stood
vpon
his
féet
,
and
so
might
haue
made
some
other
defence
for
his
safety
,
that
the
other
in
the
case
aforesaid
lying
vpon
the
ground
could
not
doe
.
Killing
of
a
man
in
his
owne
defence
found
by
verdict
.
16
When
a
man
is
indicted
and
arraigned
of
murder
or
manslaughter
,
43.
Ass
p.
31
26.
H.
8.
11.
it
is
not
a
sufficient
verdict
for
the
Iurie
to
say
,
that
the
prisoner
killed
the
dead
man
in
his
owne
defence
;
but
they
must
shew
specially
how
:
And
though
it
be
specially
found
vpon
the
indictment
,
yet
the
prisoner
shall
not
bee
discharged
,
vntill
he
hath
purchased
his
Charter
of
pardon
;
for
that
it
is
a
confession
by
implication
of
the
indictment
:
Or
otherwise
he
shall
wholly
estrange
himselfe
from
the
fact
,
and
plead
not
guiltie
.
And
this
is
done
to
the
intent
to
induce
a
forfeiture
of
his
goods
,
which
be
forfeit
for
the
said
offence
:
for
the
better
corroboration
and
establishment
whereof
,
the
Statute
of
Anno
6.
E.
1.
St.
6.
E.
1.
9
made
at
Gloucester
was
ordained
,
by
which
it
is
enacted
,
That
no
writ
shal
be
awarded
out
of
the
Chauncerie
touching
the
death
of
a
man
,
to
enquire
if
a
man
killed
another
by
misaduenture
,
or
in
his
own
defence
,
or
in
other
manner
,
without
felonie
:
but
the
prisoner
shall
remaine
in
the
Gaole
vntill
the
comming
of
the
Iustices
in
Eire
,
or
assigned
to
deliuer
the
Gaole
,
and
then
he
shal
put
himselfe
vpon
the
countrie
before
them
of
good
and
euill
:
And
if
it
be
found
by
the
countrey
that
he
did
it
in
his
owne
defence
,
or
by
misaduenture
,
the
Iustices
shal
giue
intelligence
thereof
to
the
King
,
&
the
king
shall
giue
him
pardon
,
if
he
please
.
And
so
note
,
that
thogh
by
this
Stat.
the
life
of
a
man
is
meant
to
be
pardoned
,
Why
the
goods
shal
be
forfeited
.
who
doth
kill
another
by
misfortune
,
21.
E.
3.
17
or
in
his
own
defence
(
for
the
which
by
the
common
law
he
should
haue
bin
hanged
)
yet
his
goods
do
remain
forfeit
to
the
K.
as
they
were
at
the
common
law
,
Et
ipse
in
misericordia
dni
regis
.
17
Whereas
the
foresaid
Statute
of
Anno
6.
Ed.
1.
hath
ordained
,
The
prisoner
indited
must
put
himselfe
vpon
the
countrey
.
That
the
prisoner
shall
put
himselfe
vpon
the
Enquest
of
good
&
euill
,
that
is
to
be
intended
,
when
he
is
indited
of
murder
,
or
homicide
,
&
not
where
in
the
inditement
the
speciall
matter
is
found
:
for
to
such
an
indictment
of
murder
or
homicide
,
4.
H.
7.
2.
Kel
.
fol.
53.
26.
H.
8.
5.
he
must
plead
not
guiltie
,
because
it
is
no
plea
to
plead
the
special
matter
,
viz.
that
he
killed
the
dead
man
in
his
owne
defence
,
for
then
it
should
be
as
a
iustification
of
the
offence
,
whereas
this
kind
of
homicide
is
in
no
manner
iustifiable
:
wherefore
he
must
plead
not
guiltie
,
and
then
the
special
matter
being
found
by
verdict
,
shall
giue
him
aduantage
.
18
He
that
is
in
this
manner
charged
for
the
killing
of
a
man
in
his
owne
defence
,
shal
not
be
discharged
therof
,
vntil
he
hath
obtained
the
Kings
pardon
,
How
he
shall
be
discharged
who
killeth
a
man
in
his
own
defence
.
or
be
acquit
thereof
,
and
then
his
discharge
shal
be
in
this
manner
,
viz.
if
he
desire
to
purchase
his
pardon
,
he
shall
first
be
let
to
mainprise
,
&
then
shall
sue
to
haue
the
Record
certified
by
the
Iustices
before
whom
he
was
arraigned
to
the
Chauncellor
of
England
,
Fi.
Cor.
116
361.
Fi.
N.
B.
246.
who
shal
make
him
a
charter
of
pardon
,
without
speaking
to
the
king
:
for
the
giuing
of
intelligence
to
the
King
,
wherof
the
foresaid
Statute
of
Gloucester
maketh
mention
,
is
intended
to
certifie
him
in
the
Chancerie
:
for
that
in
law
the
King
is
alwaies
said
to
be
present
in
the
Chancery
,
to
giue
eare
to
euery
of
his
Subiects
petitions
.
19
Homicide
by
misaduenture
is
when
any
person
without
any
euil
intent
doth
a
thing
that
is
lawfull
,
or
which
is
not
prohibited
by
the
law
,
Homicide
by
misaduenture
.
&
yet
another
is
slaine
,
or
commeth
to
his
death
thereby
:
as
if
a
man
casteth
a
stone
at
a
bird
,
or
a
beast
,
&
another
man
or
woman
passing
by
the
way
is
stricken
thereby
,
&
dieth
:
Or
if
one
man
be
in
felling
of
a
trée
,
and
the
same
trée
,
What
is
homicide
by
misaduenture
.
or
some
arme
or
bough
thereof
falleth
vpon
another
person
,
&
killeth
him
:
Or
if
one
do
shoote
an
arrow
at
a
Butte
,
or
other
marke
,
and
another
passing
that
way
is
killed
therwith
;
Or
if
one
man
do
let
a
stone
or
a
péece
of
timber
fal
from
a
house
,
or
out
of
a
window
,
and
another
passing
that
way
is
killed
by
it
,
this
manner
of
killing
is
homicide
by
misaduenture
,
Fi.
Cor.
302
354.
St.
6.
Ed.
1.
9.
for
the
which
he
that
doth
kill
shal
haue
his
pardon
of
course
,
as
it
doth
appeare
by
the
before
rehearsed
stat.
of
Gloucester
,
and
also
he
shall
forfeit
his
good
,
as
in
the
foresaid
case
of
killing
of
a
man
in
his
owne
defence
.
But
in
this
case
it
is
to
be
considered
,
whether
he
that
committed
this
homicide
by
Misaduenture
was
then
busied
in
a
thing
that
was
lawfull
,
or
vnlawfull
,
for
if
he
were
doing
of
a
lawfull
act
,
as
if
the
Schoolemaster
do
in
reasonable
manner
beat
his
Scholler
for
correction
onely
,
or
the
master
his
seruant
,
and
after
the
Scholler
or
Seruant
dieth
:
Or
two
men
doe
by
consent
wrestle
one
with
another
,
Kel
.
fol.
108
136.
and
one
giueth
the
other
a
fal
and
hurteth
him
,
whereby
he
dieth
:
Or
one
doth
play
with
the
other
at
hand
sword
by
consent
,
and
one
of
them
giueth
the
other
a
blowe
,
or
thrust
,
whereby
he
dieth
:
or
if
a
man
do
cast
wood
,
stone
,
or
other
thing
from
a
cart
,
a
house
,
or
from
a
window
,
houel
,
or
ricke
,
&
another
is
oppressed
therewith
,
and
dieth
:
Or
if
a
man
béeing
in
due
and
conuenient
time
doing
any
thing
that
might
bréed
danger
to
passengers
thereby
,
doe
crie
out
with
so
loud
and
audible
voice
to
giue
warning
therof
,
that
any
other
which
trauelleth
that
way
may
heare
and
flie
the
perill
,
and
yet
one
carelesse
and
nrt
respectiue
of
his
life
and
safetie
is
oppressed
therewith
and
dieth
:
Or
where
two
men
doe
run
at
Tilt
,
Iust
,
or
fight
at
Barriers
together
by
the
Kings
commandement
,
and
one
of
them
doth
kill
another
,
in
these
cases
&
the
like
the
offences
shal
be
adiudged
as
homicide
by
misaduenture
.
P.
11.
H.
7
33.
But
if
a
man
being
in
doing
of
an
vnlawful
act
,
as
casting
of
stones
into
a
high
way
where
men
doe
vsually
passe
,
or
shooting
of
arrowes
into
a
Market
,
or
other
place
,
whither
men
doe
vsually
resort
,
or
fighting
at
Barriers
,
or
running
at
Tilt
,
or
Iustes
with
others
without
the
kings
commandement
,
P.
11.
H.
7.
23
whereby
a
man
is
slaine
:
in
these
last
specified
cases
it
is
felonie
at
the
least
,
viz.
manslaughter
,
if
it
be
not
murder
;
for
the
offendor
beeing
doing
of
an
vnlawfull
act
by
his
owne
will
,
the
law
will
construe
his
meaning
and
will
therein
by
the
successe
of
the
act
.
As
if
two
men
be
fighting
together
,
and
a
third
man
commeth
to
part
them
,
&
he
is
slaine
,
Fitz.
Cor.
262.
22.
Ass.
p.
71
by
one
of
those
two
without
any
malice
prepenced
,
or
euill
intent
in
him
that
slue
him
:
this
is
murder
in
him
that
killed
him
,
and
not
Homicide
by
misaduenture
,
because
they
both
that
fought
together
were
doing
of
an
vnlawfull
act
.
And
if
they
both
that
did
fight
together
,
2.
&
3.
P.
M.
Dyer
128.
came
thither
with
malice
prepenced
,
one
intending
to
kill
the
other
,
then
is
it
murder
in
them
both
.
The
like
order
in
misaduenture
as
in
his
owne
defence
.
20
The
same
order
shal
be
obserued
in
the
pleading
,
verdict
,
forfeiture
,
and
pardon
of
one
which
killeth
another
by
misaduenture
,
as
shal
be
of
him
who
slayeth
another
in
his
owne
defence
:
St.
6.
Ed.
1.
9
And
the
before
rehearsed
Statute
of
Gloucester
shall
extend
as
well
to
the
one
as
to
the
other
.
Homicide
by
murder
or
manslaughter
21
Homicide
by
murder
is
when
one
man
vpon
malice
prepenced
doth
kil
another
feloniously
.
And
because
it
should
be
certainly
knowne
to
all
persons
,
which
offences
should
be
adiudged
murder
,
by
a
Statute
made
at
Marlbridge
Anno
52.
H.
3.
it
was
ordained
,
St.
52.
H.
3.
26.
That
murder
from
henceforth
shall
not
be
iudged
before
the
Kings
Iustices
,
What
is
murder
.
where
it
is
found
misfortune
onely
;
but
murder
shal
be
intended
vpon
them
which
bee
feloniously
slaine
,
viz.
with
a
premeditate
and
malitious
mind
.
Pl.
com
.
261
And
some
doe
define
murder
to
be
a
secret
killing
of
one
man
by
another
,
none
being
present
,
nor
none
knowing
thereof
.
But
if
one
man
kill
another
vpon
malice
prepenced
,
the
law
doth
not
respect
whether
he
doe
kill
him
secretly
,
or
openly
,
or
whether
he
that
was
slaine
be
an
English
man
,
or
other
countrie
man
,
so
that
he
liued
vnder
the
Kings
protection
:
Neither
doth
the
law
regard
who
gaue
the
first
blow
,
for
though
he
that
was
slaine
did
strike
the
first
blowe
,
yet
if
he
were
slaine
vpon
malice
prepenced
,
it
shal
be
adiudged
murder
in
him
that
killed
him
.
What
is
manslaughter
.
And
manslaughter
,
otherwise
called
Chance
medley
,
is
when
two
doe
fight
together
vpon
the
suddaine
,
Pl.
com
.
261
without
any
malice
precedent
,
and
one
of
them
doth
kill
the
other
;
in
which
case
the
offendor
shall
haue
his
Clergie
.
The
name
of
murder
.
22
The
name
of
murder
is
an
old
and
auncient
terme
,
and
it
is
the
rather
continued
to
make
a
difference
betwéen
Homicide
committed
by
Chance
medley
,
and
Homicide
committed
by
malice
prepenced
.
And
therefore
if
a
man
be
indicted
of
murder
,
Murder
more
grieuous
than
felonie
.
a
pardon
of
al
felonies
wil
not
excuse
&
discharge
him
;
as
it
appeareth
by
the
Statute
of
ann
13.
R.
2.
which
hath
ordained
,
St.
13.
R.
2.
1
Stat.
2.
S.
Pardon
.
5
That
no
charter
of
pardon
shal
be
allowed
before
any
Iustice
for
murder
,
for
the
death
of
a
man
slaine
by
a
wait
,
assault
,
or
malice
prepenced
,
Treason
,
or
Rape
of
a
woman
,
vnlesse
the
same
murder
&c.
be
specified
in
the
same
Charter
:
For
murder
is
a
more
grieuous
and
hatefull
offence
in
the
hearts
,
and
eares
of
men
,
than
other
felonies
be
.
And
yet
if
a
Commission
be
granted
to
certaine
persons
to
enquire
of
all
felonies
,
they
may
thereby
take
indictments
of
murder
,
Kel
.
fol.
91.
though
a
pardon
of
all
felonies
will
not
auaile
him
,
who
hath
committed
murder
;
but
that
is
in
respect
of
the
Statute
aforesaid
.
St.
1.
E.
6.
12
23
By
a
Statute
made
Anno
1.
Ed.
6.
it
was
ordained
,
Wilfull
poysoning
.
That
all
wilful
killing
by
poysoning
of
any
person
or
persons
that
at
any
time
hereafter
shall
be
committed
or
done
,
shall
be
adiudged
and
taken
wilfull
murder
,
of
malice
prepenced
:
and
that
the
offendors
therein
,
their
aydors
,
abettors
,
procurers
,
and
councellours
shall
suffer
death
,
and
forfeit
in
euery
behalfe
,
as
in
other
cases
of
wilfull
murder
of
malice
prepenced
.
24
To
the
end
that
stabbing
,
and
killing
men
on
the
sodaine
,
done
by
many
inhumane
and
wicked
persons
,
in
the
time
of
their
rage
,
drunkennes
,
hidden
displeasure
,
or
other
passion
of
minde
,
may
be
from
henceforth
restrained
thorough
feare
of
due
punishment
to
be
inflicted
on
such
cruell
and
bloodie
malefactors
,
who
heretofore
haue
béene
thereunto
imboldened
,
by
presuming
on
the
benefite
of
Clergie
:
St.
1.
Iac.
8.
Therefore
by
a
Statute
made
Anno
1.
Iac.
it
was
enacted
,
That
if
any
person
or
persons
shall
stabbe
,
Stabbing
to
death
wilfull
murder
.
or
thrust
anie
person
or
persons
,
that
hath
not
then
a
weapon
drawen
,
or
hath
not
then
first
stricken
the
partie
which
shall
so
stabbe
or
thrust
,
so
as
the
person
or
persons
so
stabbed
or
thrust
shall
die
within
the
space
of
sixe
moneths
then
next
following
(
although
it
cannot
be
prooued
that
the
same
was
done
of
malice
forethought
)
yet
the
party
so
offending
,
and
being
therof
conuicted
by
verdict
of
xii
.
men
,
confession
,
or
otherwise
,
according
to
the
lawes
of
this
realme
,
shall
be
excluded
from
the
benefite
of
his
or
their
Cleargie
,
and
suffer
death
,
as
in
case
of
wilfull
murder
.
Prouided
alwaies
,
that
this
Act
shall
not
extend
to
any
person
or
persons
,
which
shall
kil
any
person
or
persons
,
se
defendendo
,
or
by
misfortune
,
or
in
any
other
manner
than
as
is
aforesaide
:
nor
shall
extend
to
any
person
or
persons
,
that
in
kéeping
and
preseruing
the
peace
,
shall
chaunce
to
commit
manslaughter
,
so
as
the
said
manslaughter
be
not
committed
wittingly
,
willingly
,
and
of
purpose
,
vnder
colour
or
pretence
of
kéeping
of
the
peace
;
nor
shall
extend
to
any
person
or
persons
,
which
in
chastising
his
childe
or
seruant
,
shall
besides
his
or
their
intents
or
purpose
,
chance
to
commit
manslaughter
.
Co.
l.
4.
40.
25
If
vpon
a
fray
made
,
the
Constable
with
others
to
assist
him
,
Constable
or
other
is
slaine
in
parting
of
a
fray
.
do
come
to
part
the
fray
,
and
to
preserue
the
peace
,
and
in
doing
of
his
office
,
the
Constable
,
or
any
of
his
assistants
shal
be
slaine
,
this
is
wilfull
murder
in
him
that
slew
him
,
although
the
murderer
did
not
know
the
party
whom
hée
killed
,
and
although
the
fray
was
on
the
sodaine
:
Because
the
Constable
and
his
assistants
came
by
authoritie
,
warrant
,
and
commaund
of
the
Lawe
to
kéepe
the
peace
,
and
auoide
the
danger
which
might
ensue
by
the
breach
thereof
:
And
therefore
the
Lawe
doth
adiudge
this
murder
,
and
that
the
murderer
had
a
prepenced
malice
in
him
,
to
oppose
himselfe
against
the
Lawe
and
the
iustice
of
the
Realme
.
And
if
the
Shiriffe
or
any
of
his
Bayliffes
,
or
Officers
be
killed
in
the
execution
of
the
Kings
Processe
,
or
in
doing
their
office
,
The
Shiriffe
or
his
officer
is
slaine
in
execution
of
Processs●
.
this
is
murder
.
And
it
is
murder
,
if
a
watchman
be
killed
in
watching
,
and
doing
of
his
office
;
for
in
those
cases
the
Lawe
doth
construe
the
offence
,
not
onely
as
done
to
the
person
that
is
slaine
,
but
to
the
office
of
execution
of
iustice
,
or
the
keeping
of
the
peace
,
which
the
law
had
imposed
vpon
him
that
was
slaine
,
and
so
the
offender
by
killing
of
this
man
,
hath
done
as
much
as
in
him
lieth
,
to
restraine
the
execution
of
iustice
,
or
to
hinder
the
preseruation
of
the
peace
.
Murder
and
manslaughter
committed
in
the
death
of
one
man
.
26
If
a
man
goe
with
malice
prepenced
to
fight
with
an
other
,
and
to
kill
him
,
and
a
third
person
séeing
them
fighting
,
Plo.
Com.
100.
goeth
on
the
suddaine
without
malice
,
to
take
the
part
of
him
that
went
with
his
malice
,
and
to
fight
for
him
,
and
then
they
two
strike
and
kill
the
man
that
was
by
them
assaulted
:
This
is
wilfull
murder
in
the
first
man
which
went
with
the
malice
prepenced
to
kill
,
and
but
manslaughter
,
and
no
murder
in
the
other
who
went
to
take
his
friends
part
,
and
had
no
malice
prepenced
to
kill
.
As
if
the
master
vpon
malice
prepenced
doth
lie
in
the
way
to
assault
and
kill
a
man
,
and
taketh
some
of
his
seruants
with
him
that
hee
doth
not
acquaint
with
this
malitious
intention
,
and
the
master
doth
assault
the
same
person
who
he
did
lie
in
waight
for
,
and
doth
fight
with
him
,
and
the
seruants
doe
take
their
masters
part
,
and
also
fight
with
the
partie
assaulted
,
and
they
altogether
doe
kill
him
;
This
is
willfull
murder
in
the
master
,
and
but
manslaughter
in
the
seruants
,
for
that
in
them
there
was
no
malice
prepenced
towardes
the
partie
slaine
.
But
if
the
master
had
made
his
seruants
priuie
to
his
intention
,
and
they
had
gone
with
him
and
killed
the
other
,
it
should
haue
beene
adiudged
murder
in
the
seruants
also
.
27
If
a
man
vpon
malice
prepenced
do
lie
in
waight
to
kill
an
other
man
,
Plo.
Com.
101.
and
doth
méet
him
,
A
man
bearing
malice
to
one
doth
kill
an
other
.
assaile
,
and
fight
with
him
,
&
a
third
man
being
in
the
companie
of
him
that
is
assailed
doth
fight
,
and
defend
him
.
In
this
case
if
the
first
man
that
made
the
assault
doe
kill
the
third
man
,
who
tooke
part
and
defended
the
second
man
that
was
assailed
,
it
is
in
him
wilfull
murder
,
though
at
the
first
he
did
beare
no
malice
to
him
that
hee
killed
,
neyther
knew
him
.
But
when
the
first
man
did
beare
malice
to
the
second
man
that
hee
first
assaulted
,
and
ment
to
haue
killed
him
,
and
to
haue
put
his
intended
malitious
purpose
in
execution
against
him
,
and
slew
one
other
who
resisted
his
purpose
:
the
law
doth
construe
it
that
he
caried
a
malicious
and
reuenging
mind
against
all
those
that
did
resist
his
wicked
purpose
.
And
therefore
as
he
slew
one
in
the
defence
of
an
other
,
so
is
his
malicious
and
murdering
minde
,
and
intention
expounded
to
be
transferred
from
the
one
to
the
other
:
and
he
shal
be
adiudged
a
murderer
,
as
if
he
had
killed
the
first
man
.
And
the
same
lawe
is
,
if
one
man
doe
lie
in
waight
in
a
place
to
kill
an
other
man
,
and
a
stranger
doth
come
to
the
same
place
,
and
he
that
doth
lie
and
waite
to
kill
,
mistaking
the
man
,
doth
kill
that
straunger
,
thinking
he
had
bin
the
same
person
which
he
did
meane
to
kill
:
This
killing
shal
be
adiudged
wilfull
murder
,
for
it
is
grounded
vpon
malice
prepenced
,
though
it
were
not
executed
vpon
him
to
whom
he
did
beare
the
malice
.
And
therefore
it
shal
be
adiudged
the
like
offence
,
as
if
hee
had
slaine
the
same
person
that
hee
meant
to
haue
killed
.
And
so
it
is
,
if
a
man
vpon
malice
prepenced
doe
shoote
at
one
man
with
intent
to
kill
him
,
and
his
arrow
or
pellet
doth
kill
an
other
man
to
whom
he
did
beare
no
malice
,
this
shal
be
adiudged
murder
in
him
,
for
in
his
act
doing
he
intended
murder
:
and
séeing
he
directed
his
arrow
to
kill
one
man
,
and
that
slew
another
,
the
offence
shall
be
accounted
in
equall
degrée
,
as
if
had
killed
him
whom
he
meant
to
haue
slaine
,
for
the
end
of
the
fact
shall
be
iudged
by
the
beginning
thereof
,
and
the
later
part
shall
taste
of
the
first
,
and
the
first
part
,
which
was
the
shooting
of
the
arrow
or
pellet
,
was
grounded
vpon
malice
prepenced
,
and
a
murdering
minde
,
and
so
the
offence
in
Lawe
shall
be
iudged
wilfull
murder
.
Plow
.
com
.
474
28
The
husband
did
giue
to
his
wife
a
rosted
apple
,
wherein
hée
had
put
poison
,
with
intent
to
poison
and
kill
her
;
and
the
wife
not
knowing
the
intent
of
her
husband
,
nor
that
the
apple
was
poisoned
,
deliuered
the
same
apple
in
the
presence
of
her
husband
to
a
yoong
childe
of
their
owne
to
eate
,
who
did
eate
of
it
,
and
died
thereof
within
few
daies
after
:
Giuing
poison
to
one
,
&
another
taketh
it
,
&
dieth
This
was
adiudged
wilfull
murder
in
the
husband
,
for
that
he
deliuered
the
poisoned
apple
,
with
intent
to
kill
one
person
,
and
séeing
by
his
act
death
did
ensue
,
although
it
was
to
another
person
than
he
meant
to
kill
,
yet
it
shall
be
adiudged
murder
in
him
,
for
he
was
the
originall
founder
,
and
only
cause
of
this
death
:
and
this
murder
should
be
vnpunished
,
if
he
should
not
be
punished
therefore
;
for
the
wife
which
deliuered
the
poisoned
apple
to
her
owne
childe
,
could
not
be
guiltie
of
any
offence
,
for
that
she
was
ignorant
of
the
mischiefe
pretended
.
But
if
one
doe
lay
rats-bane
,
or
other
venomed
thing
in
a
house
or
place
,
with
intent
to
kill
rattes
,
mice
,
or
other
vermine
,
and
a
man
or
woman
doth
eate
of
it
,
and
dieth
thereof
;
this
is
no
murder
or
other
felony
in
him
that
laied
it
,
for
that
he
had
no
intent
to
hurt
any
man
or
woman
.
M.
2.
El.
Di.
186
29
An
aduouterer
and
a
harlot
being
by
him
begotten
with
childe
,
Two
agréeing
vppon
a
murder
,
and
one
of
them
doth
it
.
did
agrée
,
that
after
the
womans
deliuery
,
the
childe
should
be
killed
,
whereupon
the
mother
,
after
her
deliuerie
,
perswaded
the
Midwife
to
kill
the
childe
,
who
did
it
accordingly
,
viz.
she
cut
the
throat
of
it
:
In
this
case
the
mother
and
midwife
were
adiudged
principall
murderers
,
and
the
aduouterer
,
who
was
accessarie
before
the
birth
of
the
childe
,
and
the
murder
done
,
was
adiudged
to
continue
accessarie
after
the
murder
done
,
and
to
suffer
death
without
the
benefit
of
his
Clergie
.
Fitz.
Cor.
383
30
If
a
man
intending
the
death
of
another
,
Meaning
without
act
is
not
homicide
.
doth
beate
him
so
gréeuously
that
he
doth
leaue
him
by
all
the
beholders
iudgement
thought
to
be
dead
,
and
then
doth
flie
away
,
and
after
the
other
doth
reuiue
,
and
liue
;
this
is
not
felony
in
him
that
did
that
violence
,
though
it
doth
plainely
appeare
that
hée
had
a
meaning
to
kill
him
:
for
it
is
not
felony
,
except
the
partie
stricken
be
indéede
killed
,
and
die
within
a
yéere
and
a
day
after
the
stripes
giuen
.
But
on
the
other
side
,
if
one
man
doe
strike
another
,
with
intent
onely
to
beate
him
,
yet
if
hée
die
of
this
battery
within
a
yeare
and
a
day
after
,
it
is
felonie
in
him
that
did
strike
him
.
For
though
,
as
Bracton
affirmeth
,
Act
without
meaning
is
homicide
.
the
old
Lawe
of
this
Realme
did
hold
,
Quod
in
maleficijs
spectatur
voluntas
&
non
exitus
,
&
nihil
interest
,
vtrùm
quis
occidat
,
an
causam
mortis
praebeat
:
But
now
we
say
,
Lex
antiqua
mutatur
,
and
doe
affirme
,
Quod
exitus
in
maleficijs
spectatur
,
&
non
voluntas
duntaxat
.
Co.
l.
4.
40.
31
A
man
brought
drinke
to
another
that
was
mingled
with
poison
,
Homicide
by
giuing
poisoned
drinke
to
another
.
and
aduised
him
to
drinke
it
,
telling
him
that
it
would
be
a
meane
to
procure
him
to
get
a
childe
of
his
wife
;
by
reason
of
which
perswasion
,
he
to
whom
that
poisoned
drinke
was
brought
,
did
receiue
it
,
&
after
drunke
it
in
the
absence
of
him
who
brought
it
vnto
him
,
and
shortly
after
died
:
In
this
case
hee
that
brought
the
drinke
was
adiudged
a
principall
murderer
,
though
he
was
not
present
at
the
time
of
the
receipt
of
the
drinke
:
or
otherwise
he
shoulde
haue
beene
guiltie
of
that
horrible
offence
,
and
yet
haue
escaped
vnpunished
,
for
there
was
none
in
this
case
to
whom
hee
could
be
accessarie
.
And
so
note
this
for
a
speciall
case
where
a
felonie
is
committed
,
and
neither
principall
nor
accessarie
be
present
at
it
.
Many
doe
attempt
an
vnlawfull
acte
and
one
of
them
committeth
homicide
.
32
If
seuerall
persons
assemble
together
to
doe
a
disseisin
,
Fitz.
Cor.
350.
11.
H.
4.
13.
to
breake
a
house
,
or
commit
any
vnlawfull
act
,
and
of
them
killeth
a
man
,
he
and
all
the
other
shal
be
adiudged
principall
fellons
,
because
they
all
came
to
doe
an
euill
acte
,
though
not
that
act
.
As
if
they
all
had
come
to
haue
killed
or
robbed
one
man
,
and
after
they
killed
,
or
robbed
an
other
.
Homicide
by
carying
abroad
.
33
A
man
was
indicted
that
he
did
feloniously
carry
his
owne
father
being
sicke
against
his
will
in
a
frostie
and
colde
time
from
one
towne
to
an
other
,
whereof
he
died
;
and
this
was
adiudged
felony
in
him
:
2.
Ed.
3.
18
for
in
this
case
the
sonne
had
a
meaning
that
his
fathers
life
should
be
shortened
,
and
he
brought
to
his
death
.
A
man
dieth
in
the
hands
of
a
Phisition
or
Surgion
.
34
If
a
phisition
ar
surgion
hath
a
man
in
his
cure
,
Fit
.
cor.
163
who
dieth
being
in
his
cure
,
or
at
any
time
after
:
this
is
not
felony
in
the
same
phisition
or
surgion
,
bicause
he
did
not
any
thing
to
his
patient
with
a
felonious
intent
,
but
against
his
will
.
And
moreouer
it
is
not
to
be
discerned
whether
the
man
came
to
his
death
by
any
willfull
default
in
the
said
Phisition
,
or
Surgion
,
or
by
his
former
infirmitie
,
or
other
cause
.
Homicide
vpon
the
euill
wordes
of
an
other
.
35
Anno.
3.
Ed.
3.
Itin.
North
:
Fit
.
cor.
331
it
was
presented
that
through
the
euill
wordes
of
a
woman
,
two
men
did
fall
out
,
and
fought
,
and
one
of
them
killed
an
other
:
and
this
was
adiudged
felony
in
the
woman
.
But
it
must
be
intended
that
the
woman
by
her
words
did
perswade
councell
,
or
aduise
them
,
or
one
of
them
to
fight
with
the
other
,
and
so
was
accessarie
before
the
felonie
committed
.
Homicide
by
a
franticke
man
.
36
A
man
that
is
franticke
though
he
kill
an
other
man
,
M.
21.
H.
7.
13.
Fitz.
forf.
33
Fi.
Dower
183.
Fitz.
N.
b.
202.
d
Fitz.
cor.
193
351.
Co.
l.
4.
42
26.
Ass.
p.
27
Plow
.
com
.
19.
Co.
l.
4.
125
cannot
commit
murder
,
for
he
hath
not
a
felonious
intent
,
nor
doth
carrie
within
him
malice
prepenced
to
any
,
neyther
doth
know
what
he
doth
.
And
therefore
he
is
not
to
be
arraigned
for
the
killing
of
a
man
in
his
Lunacie
,
though
after
hee
doth
recouer
his
memorie
,
neither
shall
he
be
inforced
to
sue
for
his
pardon
.
And
the
same
law
is
of
a
man
that
is
deafe
and
dumbe
,
who
can
not
commit
murder
,
for
he
hath
not
a
felonious
intent
,
neither
doth
he
know
what
hee
doth
.
And
therefore
if
he
kill
a
man
he
shall
not
be
arraigned
thereof
,
nor
driuen
to
sue
for
his
pardon
.
But
if
a
man
that
is
drunke
,
doe
in
his
drunkennes
kill
an
other
man
,
it
is
felony
,
and
he
shal
be
hanged
therefore
,
for
it
is
voluntarie
ignorance
in
him
to
be
drunke
.
Homicide
by
an
Infant
.
37
An
Infant
of
the
age
of
twelue
yeares
,
3.
H.
7.
2.
&
12.
12.
Aff.
p.
30
or
aboue
may
commit
murder
,
and
so
may
an
Infant
of
the
age
of
eight
,
or
nine
yeares
if
it
may
appeare
(
by
hiding
of
the
person
slaine
,
or
by
any
other
act
)
that
the
aboundance
of
his
malice
doth
excéede
the
tendernes
of
his
yéeres
.
But
if
an
enfant
of
tender
and
yonger
yéeres
doe
kill
a
man
,
this
is
no
felonie
,
because
he
wanteth
discretion
and
vnderstanding
,
Pl.
com
.
19.
and
the
Lawe
will
impute
it
to
the
ignorance
which
commeth
to
him
by
nature
.
Fit
.
cor.
311.
38
If
a
man
hath
a
beast
that
is
accustomed
to
doe
hurt
,
Homicide
by
a
beast
.
and
the
owner
knowing
thereof
,
doth
not
tie
him
,
or
otherwise
kéepe
him
fast
shut
vp
,
but
suffer
him
to
goe
at
libertie
,
and
after
that
beast
killeth
a
man
:
this
is
felony
in
the
owner
,
for
by
his
sufferance
of
the
beast
to
goe
at
libertie
,
the
owner
doth
seeme
to
haue
a
will
to
kill
:
or
that
hée
vsed
this
beast
as
an
instrument
wherewith
to
kill
.
And
this
was
a
Lawe
ordained
by
Alured
Alured
.
king
of
the
West
Saxons
.
Fit
.
cor.
263
22.
Ass.
p.
94
39
To
make
it
Homicide
,
it
is
requisite
that
the
partie
killed
be
in
Esse
,
In
homicide
the
party
killed
must
be
in
Esse
.
viz.
in
rerum
natura
:
for
if
a
man
kill
an
infant
in
his
mothers
wombe
,
this
is
no
felonie
,
neither
shall
he
forfeit
any
thing
for
it
,
and
that
for
two
causes
,
the
one
,
because
the
thing
had
no
name
of
Baptisme
,
the
other
,
for
that
it
is
hard
to
iudge
if
the
infant
died
of
that
batterie
or
not
,
or
vpon
some
other
cause
.
Wherefore
a
man
being
indicted
in
the
Kings
Bench
,
for
that
he
did
beate
a
woman
great
with
childe
with
two
children
,
Ann
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
p●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
commonly
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
life
time
,
for
murder
of
another
person
:
And
if
this
man
had
béene
outlawed
,
or
otherwise
attainted
of
Felonie
in
his
life
time
,
this
lease
should
haue
béene
forfeited
to
the
King
,
and
the
wife
should
haue
had
no
part
thereof
.
P.
16.
E.
4.
7
P.
9.
Eliz.
Dyer
262.
45
If
one
which
is
felo
de
se
,
hath
a
debt
due
to
him
vpon
a
contract
,
No
forfeiture
of
a
debt
vpon
a
simple
contract
.
and
not
by
specialtie
,
hée
shall
not
forfeit
the
debt
to
the
King
amongst
his
other
goods
and
chattels
,
for
that
the
sayd
debtor
shall
bée
rebutted
of
his
law
against
the
King
.
Pl.
Com.
260.
262.
46
If
a
villeine
doe
giue
himselfe
a
deadly
wound
,
A
villeine
felo
de
se
,
and
then
his
Lord
seiseth
his
goods
and
after
the
Lord
of
the
same
villeine
doth
seise
his
goods
,
and
then
this
villeine
doth
dye
within
a
yeare
and
a
day
after
the
wound
giuen
,
and
so
becommeth
felo
de
se
,
and
after
the
whole
matter
is
found
before
the
Coroner
,
those
goods
of
the
villeines
shal
bée
forfeit
to
the
King
,
and
the
King
shall
haue
them
out
of
the
Lords
possession
:
for
the
forfeiture
shall
haue
relation
to
the
wound
which
the
villeine
gaue
himselfe
,
and
that
was
before
the
Lords
seisure
of
his
goods
.
For
if
a
man
doth
giue
himselfe
a
deadly
wound
,
and
dyeth
thereof
within
a
yere
and
a
day
after
,
all
the
goods
,
cattels
,
and
debts
which
hee
had
at
the
time
of
the
blow
giuen
,
or
at
any
time
after
,
shall
bée
forfeited
to
the
King
,
and
in
his
life
time
hee
hath
no
authoritie
to
dispose
of
them
after
the
wound
was
giuen
.
4.
&
5.
P.
&
M.
Dy.
160
47
A
man
was
bound
with
two
Suerties
,
One
mortgaged
his
goods
and
then
became
felo
de
se
.
for
the
payment
of
twentie
pounds
at
two
seuerall
dayes
,
and
the
principall
debtor
,
for
the
securitie
of
his
Suerties
,
by
his
Indenture
did
sell
vnto
his
sayd
two
Suerties
,
twentie
oxen
for
twentie
pounds
,
with
a
Prouiso
in
the
Indenture
,
That
if
hée
did
discharge
or
saue
them
harmelesse
of
the
sayd
Obligation
of
twentie
pounds
,
that
then
the
said
sale
of
the
twentie
oxen
should
bée
void
.
And
it
was
agréed
betwéene
them
,
that
the
principall
debtor
should
haue
the
occupation
and
vse
of
the
said
twentie
oxen
,
at
the
will
of
the
said
Suerties
,
and
to
bée
vsed
as
his
owne
.
And
after
one
day
of
paiment
due
to
the
Obligée
,
and
no
money
payd
by
the
seller
or
principall
debtor
,
and
before
the
second
paiment
was
due
,
the
seller
killed
himselfe
,
and
became
felo
de
se
,
hauing
those
twentie
Oxen
in
his
possession
,
and
the
Suerties
seised
the
beasts
as
their
owne
:
And
notwithstanding
the
propertie
was
in
them
,
by
the
not
performance
of
the
condition
,
yet
it
was
adiudged
that
the
Aulmoner
should
haue
the
beasts
,
or
the
money
which
they
were
sold
for
,
and
then
hée
should
discharge
the
Suerties
against
the
Creditor
.
And
so
the
Aulmoner
was
awarded
to
haue
in
these
beasts
the
best
estate
of
the
seller
,
and
the
same
that
the
Debtor
might
haue
had
,
if
hee
had
payed
the
debt
at
the
due
times
which
were
agréed
vpon
.
Homicide
by
casualtie
.
48
Though
Homicide
is
most
vsually
knowne
and
termed
by
the
killing
of
one
man
,
or
woman
,
or
more
,
by
another
man
or
woman
,
or
more
,
yet
hominis
cedium
,
whereof
the
same
word
Homicide
is
deriued
,
may
bée
done
by
some
other
casualtie
;
though
when
a
man
is
slayne
by
some
other
mischaunce
than
by
the
hand
or
meanes
of
another
man
,
as
by
the
fall
of
a
pit
of
earth
,
or
stone
,
or
a
trée
,
or
killed
by
a
Beare
,
or
Bull
,
or
such
like
,
it
is
not
aptly
nor
vsually
sayd
,
that
Homicide
is
committed
,
but
that
such
a
man
is
slaine
.
49
When
a
man
commeth
to
his
death
by
the
meanes
of
any
thing
that
falleth
vpon
him
,
or
by
the
meanes
of
a
hurt
which
himselfe
receiueth
in
falling
from
some
other
thing
,
without
the
procurement
of
another
man
,
that
thing
which
is
the
cause
of
his
death
,
shall
bée
forfeited
to
the
King
,
taken
for
a
Deodand
,
A
Deodand
.
and
distributed
in
almes
.
And
it
is
not
materiall
whether
the
thing
that
killed
the
man
was
moouing
or
not
at
that
time
when
it
killed
him
:
for
though
it
were
not
moouing
,
yet
it
shall
bée
taken
and
accounted
as
a
Deodand
,
as
well
as
if
it
were
moouing
,
Fitz.
Cor.
403.
M.
6.
E.
6.
Dyer
77.
because
all
things
moouing
with
the
thing
which
was
the
cause
of
the
mans
death
,
shall
bée
forfeited
,
in
like
sort
as
the
principall
thing
,
according
to
the
old
rule
,
Omnia
quae
mouent
ad
mortem
sunt
Deodanda
.
And
yet
those
goods
which
bée
forfeited
as
Deodand
,
bée
not
forfeited
vntill
the
matter
be
found
of
Record
,
Co.
li.
5.
110
and
therefore
they
cannot
be
claimed
by
prescription
.
And
the
same
Iurie
which
doth
find
the
death
of
the
man
,
must
also
find
and
appraise
the
Deodand
.
A
trée
and
the
bough
of
another
tree
do
kil
a
man
.
50
If
a
man
do
fell
a
trée
,
Fitz.
Cor.
398.
and
that
trée
falleth
vpon
the
bough
of
another
trée
,
which
bough
falleth
vpon
a
man
and
killeth
him
:
in
this
case
both
the
bough
that
killed
the
man
,
and
also
the
trée
which
did
fall
vpon
that
bough
,
shal
be
Deodand
:
for
they
both
did
moue
vnto
,
and
were
the
cause
of
his
death
.
Falling
off
a
cart
,
or
from
a
cart
.
51
If
a
man
do
ride
in
a
cart
,
and
the
same
cart
falleth
vpon
him
,
Fitz.
Cor.
388.
and
killeth
him
,
as
well
the
same
cart
as
the
horses
that
drew
the
cart
,
shall
be
Deodands
.
And
in
like
sort
,
if
a
man
bee
in
a
cart
,
and
by
the
stirring
of
the
horses
which
drew
the
cart
,
or
any
of
them
,
he
is
cast
out
of
the
cart
,
and
dyeth
thereof
,
Fitz.
Cor.
397.
Pl.
Com.
323.
as
well
the
horses
which
drew
the
cart
,
as
also
the
cart
,
shall
be
Deodands
:
for
the
horses
and
cart
béeing
fastened
together
,
bée
all
the
cause
of
the
mans
death
.
Falling
from
a
cart
laden
.
52
If
a
man
fall
from
a
cart
laden
with
Corne
,
Hay
,
Wood
,
Fitz.
Cor.
326.
&c.
and
the
wheele
of
the
cart
breaketh
his
necke
,
backe
,
or
&c.
whereby
hée
dieth
,
as
wel
the
Corne
,
Falling
from
cart
that
is
in
lading
.
Hay
,
Wood
,
or
&c.
as
the
cart
,
shal
be
Deodands
.
But
if
a
man
do
fall
from
a
cart
as
he
is
lading
of
Corne
,
Hay
,
Wood
,
Fi.
Cor.
326
&c.
by
the
stirring
of
the
horses
,
and
thereby
breaketh
his
necke
,
backe
,
or
&c.
whereby
he
dyeth
,
the
cart
and
horses
shal
be
Deodands
,
but
not
the
corne
&c.
for
that
the
corne
&c.
were
not
the
cause
of
his
death
.
If
a
man
that
doth
driue
a
cart
,
doe
clime
vpon
one
of
the
whéeles
of
the
cart
,
Fitz.
Cor.
409.
to
gather
apples
,
plums
,
or
&c.
and
doe
fall
from
that
whéele
,
and
breaketh
his
necke
,
back
,
or
&c.
whereof
he
dieth
,
if
it
be
proued
that
neither
the
horses
nor
cart
did
stirre
,
then
the
whéele
of
the
cart
onely
shall
be
a
Deodand
,
and
not
the
horses
,
nor
the
residue
of
the
cart
,
for
that
none
of
them
did
moue
to
the
carters
death
.
Fitz.
Cor.
401.
53
If
a
man
ride
into
the
water
,
to
water
a
horse
,
Falling
from
a
horse
into
the
water
.
A
horse
killeth
a
man
.
From
what
time
a
Deodand
shal
haue
relation
.
and
then
falleth
from
the
horse
,
and
is
drowned
,
the
horse
shal
be
a
Deodand
.
And
if
a
horse
,
bull
,
boare
,
&c.
do
strike
a
man
,
Fitz.
Cor.
298.
Pl.
Com.
260.
and
after
he
dyeth
of
that
blow
,
the
horse
,
bull
,
boare
,
&c.
shal
be
a
Deodand
.
And
if
the
owner
of
the
horse
that
did
giue
the
same
mortall
blow
,
doe
alien
the
horse
to
another
betweene
the
time
of
the
stroke
giuen
,
and
the
death
of
the
man
,
yet
the
King
may
seise
that
horse
as
forf.
for
a
Deodand
:
for
the
forfeiture
shall
haue
relation
from
the
stroke
giuen
,
which
was
the
cause
of
the
mans
death
.
Fitz.
Cor.
405.
54
If
a
beame
whereupon
a
bell
in
a
Church
doth
hang
,
A
beame
of
a
bell
of
a
church
.
doe
fall
vpon
a
man
,
and
kill
him
,
as
well
the
beame
as
the
bell
shall
be
Deodands
,
notwithstanding
that
they
were
before
the
goods
of
the
Church
,
and
in
a
sort
Deo
datum
.
Fitz.
Forf
.
20.
But
if
a
man
be
digging
in
a
pit
,
mine
,
or
quarrey
of
stone
,
marle
,
grauel
,
sand
,
coale
,
or
turfe
,
and
a
great
heap
of
earth
do
fall
vpon
him
,
and
kill
him
,
the
same
heape
of
earth
onely
shall
be
forf.
to
the
K.
and
not
the
whole
pit
,
mine
,
or
quarrey
.
Fi.
Cor.
389
55
If
a
man
do
fall
from
a
bridge
into
the
water
,
The
whéele
of
a
mill
.
and
is
carried
by
the
force
of
the
streame
vnder
the
wheele
of
a
mill
,
and
thereby
is
slain
,
the
whéele
of
the
mill
only
shal
be
a
Deodand
.
Kel
.
fol.
68
If
timber
,
boords
,
wainscot
,
or
other
goods
,
do
fall
vpon
a
man
,
and
oppresse
him
to
death
,
the
same
shal
be
a
Deodand
.
Fitz.
Cor.
314.
56
If
a
man
falleth
from
his
horse
,
and
breaketh
his
head
,
necke
,
back
,
Falling
from
a
horse
against
a
trunke
.
&c.
against
a
trunck
,
péece
of
timber
,
or
any
other
thing
,
wherby
he
dieth
,
the
horse
onely
shall
bée
a
Deodand
,
and
not
the
trunck
,
timber
,
or
&c.
because
it
did
not
mooue
.
Fitz.
Cor.
348.
57
If
a
man
fall
from
a
ricke
or
houell
of
corne
,
hay
,
Falling
from
a
houel
or
rick
or
&c.
whereby
hée
is
killed
,
the
same
houell
or
ricke
shall
be
forfeit
to
the
king
as
a
Deodand
.
And
so
Deodands
may
be
of
some
things
that
a
man
doth
moue
vnto
,
or
from
them
,
as
well
as
of
those
things
which
moue
to
a
man
to
kill
him
.
58
If
a
man
do
fall
from
a
ship
that
is
sailing
,
and
dye
thereof
,
Falling
from
a
ship
.
neither
the
marchandise
,
nor
any
other
thing
in
the
ship
is
the
cause
of
his
death
,
but
onely
the
ship
,
Bracton
.
Britton
.
and
therefore
the
ship
only
shal
be
a
Deodand
.
And
that
ship
must
be
vpon
the
fresh
water
,
for
if
it
be
vpon
the
salt
water
,
and
one
doe
fall
from
it
,
then
it
shal
be
no
Deodand
.
Within
the
age
of
xiiij
.
yeares
.
59
If
he
that
doth
come
to
his
death
by
any
casualtie
,
Fitz.
Cor.
389.
be
within
the
age
of
xiiij
.
yeares
,
nothing
shal
be
forf.
to
the
king
as
a
Deodand
for
him
,
for
the
form
of
the
Presentment
is
A.
filius
B.
vltra
aetatem
quatuor
decem
annorum
:
sed
quaere
.
The
Sherife
shal
be
charged
with
the
Deodand
.
60
The
Sherife
of
that
countie
where
a
Deodand
shall
be
found
to
bee
,
Fitz.
Cor.
298.
shall
be
charged
with
the
price
of
euerie
Deodand
,
and
shal
answer
for
it
,
and
he
shall
leuie
the
value
thereof
of
the
same
towne
where
it
falleth
,
notwithstanding
it
was
not
committed
to
them
to
keepe
:
And
therefore
when
such
a
mischance
is
found
,
the
presenters
thereof
must
also
find
&
appraise
the
Deodand
.
A
man
found
dead
in
the
field
.
61
If
a
man
be
found
dead
in
the
field
,
his
apparell
,
Fitz.
Indict
.
27.
and
the
money
which
he
hath
about
him
,
shal
be
giuen
to
a
Church
,
and
shal
be
distributed
to
the
poore
&c.
and
it
shall
not
be
taken
as
a
Deodand
,
for
it
doth
varie
from
the
nature
of
a
Deodand
,
being
no
cause
of
his
death
.
But
that
distribution
shall
bee
in
case
where
the
same
man
is
vnknowne
,
for
if
he
be
knowne
,
his
money
,
apparell
,
and
other
things
about
him
,
shal
be
deliuered
to
his
executors
,
or
administrators
,
or
to
the
Ordinarie
.
❧
Felonies
by
the
Common
Law
:
Larcenie
,
Theft
.
1
LArcenie
is
a
fraudulent
taking
away
of
another
mans
goods
,
aboue
the
value
of
twelue
pence
,
What
is
Larcenie
.
with
intent
to
steale
them
,
without
the
knowledge
of
him
whose
the
goods
be
:
17.
H.
8.
22.
For
if
the
goods
do
not
excéed
the
value
of
twelue
pence
,
it
is
not
felonie
,
but
petit
Larcenie
,
Fitz.
Cor.
430.
451.
27.
H.
8.
22.
for
the
which
the
offendor
shal
be
imprisoned
,
Petit
larcenie
or
otherwise
punished
by
the
discretion
of
the
Iustices
before
whom
hee
is
arraigned
,
and
also
shall
forfeit
his
goods
,
but
he
shal
not
be
put
to
death
.
And
this
intent
of
stealing
to
make
it
Larcenie
,
The
intent
of
the
stealing
must
be
at
the
time
of
the
receit
of
the
goods
.
ought
to
bee
at
the
time
when
the
partie
doth
first
come
to
the
possession
of
the
goods
,
for
if
the
partie
doth
come
lawfully
to
the
possession
of
the
goods
,
though
hée
hath
an
euill
intent
after
,
to
conuert
them
to
his
owne
vse
,
it
is
not
felonie
in
him
:
As
if
a
man
doth
deliuer
goods
to
another
,
who
after
doth
conuert
them
to
his
owne
vse
,
it
is
not
felonie
in
him
,
13.
Ed.
4.
9
for
no
felonie
is
intended
to
be
done
but
with
violence
,
and
vi
&
armis
,
&
contra
pacem
,
which
cannot
be
supposed
in
this
case
,
séeing
they
were
deliuered
vnto
him
by
the
owner
of
them
,
and
so
hée
came
lawfully
to
them
.
2
If
any
person
at
seuerall
times
doe
steale
seueral
parcels
of
goods
,
which
parcels
being
put
together
,
Fitz.
Cor.
415.
do
amount
aboue
the
value
of
xij
.
d.
it
is
felonie
,
Stealing
goods
at
seuerall
times
,
aboue
the
value
of
xij
.
d.
Felonie
in
seuerall
persons
and
the
offendor
shall
be
hanged
.
And
if
two
,
thrée
,
or
more
together
,
doe
steale
goods
to
the
value
of
twelue
pence
,
Fitz.
Cor.
404.
this
is
felonie
in
them
all
,
for
the
felonie
in
them
is
seuerall
,
though
the
stealing
be
ioint
.
Fitz.
Cor.
451.
3
If
any
person
be
indicted
for
stealing
of
goods
aboue
the
value
of
twelue
pence
,
and
arraigned
thereupon
,
The
Iurie
may
find
an
vnder
value
of
the
goods
.
yet
the
Iurie
that
passeth
vpon
his
arraignement
,
may
giue
a
speciall
verdict
,
and
say
,
that
the
goods
did
not
excéed
the
value
of
eight
pence
,
18.
Ass.
p.
14
22.
Ass.
p.
39
or
ten
pence
,
&c.
and
then
that
offence
shall
be
taken
for
petit
Larcenie
onely
,
and
the
offendor
shall
be
punished
by
imprisonment
or
&c.
according
to
the
Iustices
discretion
.
Taking
away
a
Tauerners
plate
.
4
If
a
Tauerner
doe
set
a
péece
of
siluer
plate
before
his
guest
to
drinke
in
,
and
that
guest
carrieth
away
the
péece
of
plate
,
this
is
felonie
in
him
:
P.
13.
Ed.
4.
9
for
he
had
not
the
possession
of
the
same
péece
of
plate
,
but
the
vse
thereof
onely
to
drinke
in
for
that
time
:
And
the
offendor
did
fraudulently
take
the
plate
away
,
with
intent
to
steale
it
,
without
the
knowledge
of
the
owner
thereof
.
A
man
béeing
lodged
in
an
Inne
,
did
rise
in
the
night
,
27.
Ass.
p.
39
and
carrie
linnen
and
other
goods
of
the
Inne
kéepers
,
out
of
his
chamber
where
hée
was
lodged
,
into
the
hall
,
with
intent
to
steale
them
,
and
then
went
to
the
stable
to
séeke
his
horse
,
and
the
Ostler
tooke
him
therewith
,
this
was
adiudged
felonie
,
and
yet
the
goods
were
not
carried
out
of
the
house
of
the
owner
of
them
,
but
taken
out
of
the
place
where
he
had
assigned
them
to
be
.
And
so
it
is
if
a
man
do
take
vp
another
mans
horse
in
his
close
,
with
intent
to
steale
him
,
and
the
owner
,
or
some
other
,
doth
apprehend
the
partie
with
the
horse
,
before
hee
is
gone
out
of
the
close
,
this
is
felonie
.
A
seruant
hauing
the
vse
of
his
masters
goods
,
doth
steale
them
.
5
If
a
man
commit
money
to
his
seruant
to
kéepe
,
or
plate
to
his
Butler
,
21.
H.
4.
14.
3.
H.
7.
12.
13.
Ed.
4.
10.
or
vessell
to
his
Cooke
,
to
be
vsed
in
his
house
,
or
a
horse
to
his
Horsekéeper
,
to
be
kept
and
dressed
,
or
shéepe
to
his
Shepheard
,
to
be
followed
and
pastured
,
and
the
seruant
who
hath
the
same
thus
committed
vnto
him
,
doth
goe
away
with
them
,
this
is
felonie
by
the
common
law
in
that
seruant
:
for
these
goods
were
alwayes
in
the
Masters
possession
,
and
kept
and
vsed
to
the
Masters
benefit
.
But
if
a
man
deliuer
a
horse
to
his
seruant
,
to
ride
to
the
Market
,
or
money
to
carrie
to
a
Faire
,
or
to
pay
to
another
,
or
to
buy
cattell
,
or
other
things
,
and
the
seruant
doth
go
away
therewith
,
this
is
not
felony
:
for
the
Master
deliuered
the
same
to
his
seruant
,
and
therefore
he
came
lawfully
by
the
possession
of
it
.
See
Felonie
by
stat.
12.
One
hauing
the
key
of
a
chamber
,
doth
steale
the
goods
.
6
If
a
man
deliuer
to
his
seruant
,
or
another
,
the
key
of
his
chamber
doore
,
13.
Ed.
4.
9
and
he
to
whome
the
key
is
deliuered
taketh
away
the
goods
in
the
chamber
,
aboue
the
value
of
xij
.
d.
this
is
felonie
in
him
:
for
the
goods
were
not
deliuered
,
but
did
alwayes
remaine
in
the
possession
of
the
owner
of
them
.
A
bargaine
with
a
carrier
and
not
a
deliuerie
of
goods
.
7
If
a
man
do
bargaine
with
a
carrier
,
or
other
,
13.
Ed.
4.
9.
to
carry
certaine
bales
of
wares
,
or
other
goods
to
a
place
prefixed
,
and
he
taketh
them
,
and
carrieth
them
to
another
place
,
and
openeth
the
bales
,
and
taketh
forth
the
goods
within
them
feloniously
,
and
conuerteth
them
to
his
owne
vse
,
this
is
felony
in
him
:
for
that
this
is
more
than
a
deliuerie
,
viz.
it
is
a
bargaine
,
so
that
he
receiueth
them
by
the
bargaine
agréed
vpon
,
and
not
by
the
deliuerie
,
the
which
bargaine
he
hath
not
performed
,
but
hath
taken
the
goods
of
his
own
wrong
:
and
in
this
case
the
propertie
of
these
goods
did
alwayes
remaine
in
the
first
owner
or
deliuerer
.
A
carrier
stealeth
the
goods
committed
.
8
If
one
man
do
deliuer
goods
to
another
to
carrie
to
a
place
appointed
,
13.
Ed.
4.
10.
and
he
doth
carrie
them
thither
,
and
then
he
doth
take
and
steale
them
away
,
this
is
felonie
in
him
:
for
the
priuitie
of
the
bailement
,
and
the
carriers
possession
was
determined
,
when
he
had
carried
them
to
the
place
appointed
,
and
therefore
what
he
did
after
,
was
feloniously
done
,
and
of
his
owne
wrong
.
13.
E.
4.
9
9
If
one
man
doe
deliuer
a
Tunne
of
Wine
to
another
,
A
Carrier
stealing
part
of
his
charge
.
to
carry
to
a
place
agréed
vpon
,
if
the
Carrier
sell
or
giue
away
the
same
whole
Tunne
of
wine
,
it
is
no
Felony
,
for
it
was
deliuered
vnto
him
:
but
if
he
take
out
twenty
gallons
,
or
other
quantitie
aboue
the
value
of
twelue
pence
,
or
&c.
then
it
is
Felony
.
7.
H.
6.
45
13.
E.
4
10
5.
H.
7.
18
10
If
a
man
deliuer
goods
to
another
man
to
keepe
,
Felony
for
taking
of
his
owne
goods
.
&
after
the
owner
who
deliuered
them
,
doth
take
them
away
feloniously
,
to
the
intent
to
recouer
damages
against
the
party
to
whom
they
were
deliuered
by
an
action
of
Detinue
,
this
is
Felony
in
him
that
deliuered
those
goods
,
&
yet
the
property
of
the
goods
was
alwaies
in
him
that
did
steale
them
.
7.
Ed.
4.
14
9.
Ed.
4.
33
11
It
is
felony
to
steale
the
goods
of
a
Church
or
Chappell
,
The
goods
of
a
Church
or
Corporation
.
or
the
goods
of
a
Deane
&
Chapter
,
Colledge
,
or
other
corporation
,
or
the
goods
of
a
corporation
during
the
time
of
the
vacation
of
the
gouernour
thereof
:
and
the
indi●tment
shal
be
,
Quod
bona
domus
&
ecclesiae
,
&c.
27.
Ass.
p.
40
12
If
a
wife
doe
steale
goods
by
the
compulsion
of
her
husband
,
In
what
case
a
maried
wife
may
commit
felony
,
in
what
not
.
this
is
not
felony
in
her
:
and
likewise
it
is
,
if
she
do
it
by
the
commaundement
of
her
husband
:
Fit
.
cor.
160
and
if
the
husband
and
wife
together
do
steale
goods
,
this
shal
be
taken
the
only
act
of
the
husband
,
and
not
felony
in
the
wife
:
But
a
woman
alone
by
her selfe
,
her
husband
not
being
priuy
thereunto
,
may
commit
felony
,
and
may
be
principall
or
accessary
:
Fit
.
cor.
383
as
if
a
married
wife
steale
goods
,
or
receiue
Felons
or
stolne
goods
into
her
house
,
knowing
them
so
to
be
,
or
lock
them
vp
in
her
chest
or
closet
,
her
husband
not
knowing
thereof
:
Canuti
lex
74.
Or
if
her
husband
as
soone
as
he
knoweth
thereof
,
refuseth
her
company
,
and
his
own
house
,
and
maketh
his
abode
elsewhere
,
in
which
case
the
wiues
offence
shal
not
be
imputed
to
her
husband
;
or
otherwise
the
law
will
impute
the
fault
to
him
,
and
not
to
her
:
for
if
the
husband
do
commit
felony
,
Britton
.
and
the
wife
knowing
thereof
,
do
receiue
him
,
and
kéepe
him
company
,
Bracton
,
de
coron̄
,
c.
32
she
is
not
therby
accessary
to
the
felony
:
for
a
wife
cannot
be
accessary
to
her
husband
,
for
that
by
the
law
of
God
she
ought
not
to
discouer
him
or
his
counsell
:
In●
leges
58
which
law
was
first
established
by
Inas
,
Inae
lex
.
King
of
the
West
Saxons
.
As
the
husband
&
wife
stealing
together
the
goods
of
another
,
the
whole
offence
shal
be
imputed
to
the
husband
,
&
it
shal
be
adiudged
no
felony
in
the
wife
:
so
if
the
wife
doe
take
the
goods
of
her
husband
,
the
law
wil
not
construe
them
to
be
stolne
,
Fit
.
cor.
455
Bro.
cor.
242
nor
charge
her
with
felony
therefore
:
A
woman
taking
her
husbands
goods
.
for
at
the
time
of
the
solemnization
of
their
mariage
in
the
face
of
the
Church
,
her
husband
endowed
her
with
all
his
wordly
goods
,
&
so
gaue
her
a
kind
of
interest
in
them
.
And
if
the
wife
doe
take
her
husbands
goods
,
and
giue
them
to
another
,
this
is
not
felony
in
him
to
whom
she
did
giue
them
:
but
if
a
man
do
take
away
another
mans
wife
and
the
husbands
goods
against
the
husbands
will
,
this
is
felony
,
S.
Felony
by
stat
.
31.
That
it
is
felony
in
the
wife
to
send
any
mony
,
victual
,
&c.
to
her
husband
,
being
assembled
with
others
in
rebellious
manner
contrary
to
the
stat.
of
An.
1.
M.
12.
Fi.
N.
B.
202
Bracton
.
35.
H.
6.
11
13
If
an
infant
aboue
the
age
of
xij
.
In
what
case
an
infant
may
commit
felony
.
yeares
doe
take
any
goods
of
another
mans
,
aboue
the
value
of
xij
.
d.
with
intent
to
steale
them
,
it
is
felony
in
him
:
and
some
do
affirme
,
that
if
an
infant
of
any
age
do
take
the
goods
of
another
,
and
that
the
Iustices
before
whom
he
is
arraigned
doe
thinke
that
hee
did
it
with
a
felonious
intent
,
and
had
discretion
to
vnderstand
what
he
did
,
and
the
offence
,
and
the
perill
thereof
,
that
then
it
is
felony
in
him
.
And
yet
Inas
king
of
the
West
Saxons
ordained
,
Lex
7.
That
a
child
of
tenne
yeares
of
age
should
bee
condemned
for
Felony
.
An
Ideot
or
Lunaticke
cannot
commit
Felony
But
an
Ideot
or
Lunaticke
cannot
commit
Felony
by
the
stealing
of
the
goods
of
another
,
Co.
li.
4.
124
for
that
neither
of
them
doth
know
what
he
doth
.
Burning
of
a
house
or
barne
Felony
.
14
Burning
of
a
house
willingly
,
and
feloniously
done
,
St.
3.
B.
3.
15.
is
Felonie
by
the
common
Law
.
For
the
statute
of
West
.
1.
hath
ordained
,
That
they
which
be
taken
for
the
burning
of
a
house
feloniously
done
,
be
not
repleuisable
.
11.
H.
7.
1
And
if
one
do
burne
a
barne
feloniously
in
the
night
,
which
is
adioining
to
a
dwelling
house
,
it
is
felony
by
the
common
law
.
Felony
in
indictors
to
discouer
their
counsell
.
15
If
an
indictor
,
which
(
with
others
)
hath
indicted
other
persons
of
Felony
,
do
therin
discouer
the
kings
counsell
,
contrary
to
his
oath
,
27.
Ass.
p.
63
Fit
.
cor.
272
in
publishing
to
others
,
that
he
and
his
companions
haue
indicted
such
and
such
persons
,
this
discouery
is
felony
.
S.
Treason
9.
Rescuing
of
a
prisoner
felony
16
If
an
offendor
be
arrested
or
imprisoned
for
felony
,
or
attainted
of
felony
,
1.
H.
7.
6
and
a
stranger
will
take
him
out
of
the
possession
of
him
that
did
arrest
him
or
kéepe
him
in
prison
,
or
will
take
a
felon
attainted
and
condemned
to
die
out
of
the
possession
of
the
Shirife
,
or
his
Officers
,
whereby
he
escapeth
,
this
rescous
is
felony
,
as
well
in
him
that
made
the
rescous
,
as
in
him
that
is
rescued
.
And
if
a
stranger
do
rescue
one
that
is
indicted
of
felony
,
he
may
be
indicted
and
arraigned
therof
presently
,
before
the
principall
felony
be
tried
,
1.
E.
3.
17.
&
if
he
be
found
guilty
,
he
shal
be
perpetually
imprisoned
,
or
otherwise
punished
at
the
K.
pleasure
,
but
shall
not
be
hanged
,
because
the
principall
felon
is
not
tried
.
S.
Breaking
of
Prison
5.
10
Wilfull
escape
is
felony
.
17
When
a
man
doth
arrest
another
for
felony
,
or
any
other
crime
,
&
after
let
him
go
at
liberty
whither
he
will
,
9.
H.
4.
1
this
letting
him
at
liberty
is
a
wilfull
escape
:
and
if
the
arrest
of
him
that
escaped
,
was
for
felony
,
it
shall
be
adiudged
felony
in
him
that
did
let
him
escape
:
and
if
it
were
for
treason
,
then
it
shall
be
adiudged
treason
:
and
if
but
for
trespas
,
it
shal
be
adiudged
trespas
.
Goods
stolne
from
him
that
hath
the
custody
of
them
.
18
If
a
man
do
deliuer
cloth
to
a
tailor
to
make
him
a
garment
,
Kel
.
fol.
70.
&
a
felon
doth
steale
that
cloth
out
of
the
possession
of
the
taylor
,
the
offendor
may
be
indited
for
the
stealing
of
that
cloth
of
the
goods
of
the
taylor
,
for
the
taylor
had
possession
of
the
cloth
,
and
property
also
against
all
others
,
sauing
against
him
that
deliuered
it
vnto
him
.
Goods
stolne
from
a
felon
19
If
a
Felon
do
steale
another
mans
horse
,
beast
,
or
other
goods
,
13.
Ed.
4.
3.
4.
H.
7.
5
&
another
Felon
doth
steale
the
same
from
him
,
the
owner
of
the
same
horse
,
beast
,
or
other
goods
,
may
haue
an
appeale
against
the
first
or
second
Felon
at
his
own
choice
,
for
the
property
of
the
goods
did
alwaies
remain
in
him
:
for
no
felon
can
by
the
Law
clayme
property
in
any
stolne
goods
.
22.
Ass.
p.
91
20
Larceny
cannot
be
committed
by
taking
of
sauage
beasts
found
in
their
wildnesse
,
as
Déere
,
Pigeons
,
Hawks
,
Of
what
things
Larcenie
may
be
committed
,
of
what
not
.
nor
by
taking
of
doues
found
out
of
a
douecoat
,
nor
by
taking
of
fish
in
a
riuer
:
for
such
taking
is
not
the
stealing
of
the
goods
of
another
,
séeing
that
they
be
no
mans
goods
,
neither
can
any
person
claime
propertie
in
them
:
neither
can
felonie
bee
committed
in
the
taking
of
Apes
,
Hounds
,
Thrushes
,
Squirels
,
or
such
domesticall
things
,
kept
only
for
pleasure
,
and
that
but
of
some
speciall
persons
,
and
profitable
to
none
.
Neither
is
the
taking
of
Pheasants
,
Partridges
,
or
Conies
,
being
fowles
,
and
things
of
warrein
felony
.
18.
Ed.
4.
8.
But
it
is
felonie
,
if
a
man
do
take
out
of
another
mans
douecoat
,
yong
pigeons
,
which
can
neither
go
nor
flie
,
for
that
the
propertie
of
them
is
alwayes
in
him
who
is
owner
of
the
douecoat
.
And
likewise
it
is
felonie
to
take
yong
Goshawks
,
or
yong
Herons
bréeding
in
a
parke
,
or
seueral
ground
,
which
can
neither
go
nor
flie
out
of
their
nests
:
Or
to
take
fish
out
of
a
pond
,
or
trunk
,
or
to
take
Swannes
,
Peacocks
,
Turkies
,
Cayons
,
Géese
,
or
Ducks
:
Or
to
take
a
Stag
,
18.
H.
8.
2
Hind
,
Bucke
,
or
Doe
which
is
marked
,
and
domesticall
,
and
made
tame
by
the
owners
diligence
.
St.
3.
E.
1.
20.
And
by
the
stat.
of
West
.
1.
it
is
felonie
to
take
a
tame
beast
,
or
other
thing
in
a
parke
,
by
maner
of
robberie
.
And
it
is
felonie
to
kill
shéepe
,
and
take
their
skinnes
,
or
to
pull
wooll
from
shéeps
backs
.
So
that
in
all
the
cases
aforesaid
,
the
thing
so
taken
or
stolne
do
excéed
the
value
of
twelue
pence
.
12.
Ass.
p.
32
18.
H.
8.
2
Fit
.
cor.
256
21
The
taking
away
of
another
mans
goods
,
to
make
it
felonie
,
Felony
must
be
of
personall
goods
,
&
not
of
things
reall
.
must
be
of
personall
things
,
for
if
it
be
of
things
reall
,
it
is
not
felonie
:
As
if
one
cut
down
a
trée
of
another
mans
,
and
carrieth
it
away
,
or
cutteth
the
corne
,
or
pulleth
the
apples
of
another
,
and
carrieth
them
away
,
or
hideth
them
,
it
is
no
felonie
,
because
the
tree
&c.
was
parcell
of
the
owners
inheritance
,
and
not
of
his
personal
goods
.
But
it
is
otherwise
,
if
the
owner
do
cut
downe
the
trée
,
corne
,
&c.
and
another
carrieth
it
away
,
then
he
committeth
felonie
.
The
lead
of
a
house
.
And
likewise
if
one
doe
take
and
carry
away
the
lead
which
couereth
a
church
,
or
any
mans
house
,
it
is
no
felonie
,
for
it
is
parcell
of
the
church
,
or
house
,
and
of
the
inheritance
,
and
no
personall
goods
.
And
so
it
is
if
an
Indenture
or
déed
poll
,
A
lease
for
yeares
purporting
a
lease
for
terme
of
yeares
,
or
a
ward
bee
taken
,
and
carried
away
,
it
is
no
felonie
:
for
a
lease
for
the
terme
of
yeares
,
is
a
chattell
reall
,
and
so
is
a
ward
,
A
ward
.
and
not
a
chattell
personall
.
10.
E.
4.
15.
And
the
same
law
is
,
if
a
writing
,
or
boxe
of
writings
,
Writings
.
for
i●
it
bée
imbeciled
&
carried
away
,
it
is
no
felonie
,
because
they
cannot
be
valued
:
and
moreouer
,
for
that
they
concerne
inheritance
,
chattels
reals
,
or
things
in
action
:
&
the
taking
and
carying
away
of
Treasure
troue
,
Wrecke
of
the
sea
,
Treasure
troue
.
Wrecke
of
the
sea
.
Waife
.
Strey
.
Waife
or
Stray
,
is
not
felony
,
for
that
the
owner
of
them
is
vnknowne
,
and
it
is
vncertaine
whose
they
be
,
though
Bracton
termeth
the
taking
away
of
Treasure
troue
,
Bracton
,
de
coron̄
,
c.
3
Quasi
crimen
furti
.
But
the
offendor
who
taketh
them
away
shal
be
punished
by
fine
and
imprisonment
:
and
if
a
lord
doe
secretly
take
away
his
villaines
goods
,
22.
Ass.
p.
99
Fit
.
cor.
265
this
is
no
felony
in
him
,
for
he
may
se●se
and
take
them
away
all
openly
when
he
will
.
22
If
an
offence
be
made
felony
by
statute
,
A
felony
made
by
statute
,
and
after
repealed
.
and
then
one
doth
commit
the
same
offence
,
Bro.
cor.
202
and
before
he
is
arraigned
thereof
,
that
statute
is
repealed
,
by
the
repeale
of
the
stat.
the
felony
is
extinct
,
and
the
offendor
shall
not
be
arraigned
thereof
,
nor
punished
by
force
of
that
statute
for
that
fact
.
Thiefe-boot
.
23
Thiefe-boot
is
not
when
a
man
doth
take
his
owne
goods
again
,
42.
Ass.
p.
5
which
were
feloniously
stolne
from
him
:
but
Thiefe-boot
is
properly
when
a
man
doth
take
goods
of
a
felon
to
fauour
him
,
Fit
.
cor.
353
the
punishment
of
which
Thiefe-boot
is
not
as
for
a
felony
committed
,
but
only
to
be
ransomed
and
imprisoned
.
Felony
committed
in
one
kings
raigne
,
punished
in
another
.
24
A
man
committeth
Felony
in
the
time
of
one
king
,
1.
Ed.
3.
3
Bro.
Cor.
177.
may
be
arraigned
for
it
after
in
the
raigne
and
time
of
another
king
:
for
the
same
Law
and
forme
of
gouernment
,
to
the
which
the
offence
is
done
,
remaineth
,
though
the
king
dyeth
.
Stolne
goods
caried
into
seueral
counties
25
If
a
Felon
steale
a
Horse
,
Beast
,
Shéepe
,
or
other
goods
in
one
county
,
Bro.
cor.
170
4.
H.
7.
5
7.
H.
4.
44
and
doth
carry
them
into
another
countie
,
it
is
felony
in
euery
countie
whether
he
doth
carry
or
driue
those
goods
:
and
the
offendor
may
be
indicted
or
appealed
in
any
of
those
counties
,
be
arraigned
,
and
haue
his
iudgement
there
.
And
if
a
felon
doe
steale
goods
,
commit
murther
,
or
doe
any
other
felonie
in
one
countie
,
and
then
flie
into
another
countie
,
and
is
taken
there
,
13.
Ed.
4.
9.
he
shal
be
imprisoned
in
the
Gaole
of
the
countie
where
he
is
taken
,
In
what
gaole
a
felon
shal
be
imprisoned
.
and
after
shall
be
remooued
by
the
kings
Writ
into
the
Gaole
of
the
countie
where
hee
committed
the
felony
.
Breaking
a
house
to
take
a
felon
.
26
A
man
may
breake
a
house
to
apprehend
a
felon
,
13.
E.
4.
9.
or
him
that
is
suspected
of
felony
,
for
it
is
for
the
Commonwealth
:
and
the
king
hath
a
kind
of
interest
in
felony
,
viz.
to
cause
it
to
be
punished
:
and
where
the
king
hath
an
interest
,
that
writ
or
act
is
a
Non
omittas
propter
aliquam
libertatem
:
and
so
the
liberty
of
a
house
will
not
defend
him
who
hath
committed
,
or
is
suspected
to
haue
committed
felony
against
the
K.
But
if
it
were
for
debt
,
or
trespas
,
it
were
otherwise
,
for
that
is
only
the
interest
of
one
particular
person
.
What
is
Robberie
.
27
Robbery
in
Latin
called
Rapina
,
is
in
his
naturall
signification
,
when
one
man
taketh
any
thing
from
the
person
of
another
against
his
will
feloniously
,
although
the
thing
taken
be
but
to
the
value
of
a
penny
,
22.
Ass.
p.
39
Fit
.
cor.
115
for
the
which
the
offendor
shal
be
hanged
.
And
yet
in
some
case
it
may
be
robbery
,
notwithstanding
the
party
doth
not
take
it
from
the
person
of
the
owner
.
As
if
a
felon
doe
take
any
of
the
goods
of
another
openly
in
the
place
where
the
owner
is
present
,
against
his
will
,
this
is
robbery
,
though
the
offendor
doe
not
take
it
from
the
person
of
the
owner
:
for
he
doth
it
with
that
violent
force
,
that
the
owner
dareth
not
,
Robberie
by
threatening
or
is
not
able
to
resist
him
.
As
if
one
doe
threaten
another
presently
to
deliuer
his
purse
,
or
otherwise
that
he
will
kill
him
,
by
force
of
which
threats
he
doth
deliuer
his
purse
,
this
is
robberie
,
as
well
as
if
the
felon
had
taken
the
purse
from
the
person
of
the
owner
by
violence
,
or
strong
hand
:
Or
if
one
or
more
doe
take
vp
a
horse
out
of
the
pasture
of
the
owner
,
or
driue
cattell
out
of
his
ground
,
the
owner
standing
by
and
looking
on
the
Felon
at
the
same
time
,
Taking
a
mans
money
,
but
not
putting
him
in
feare
.
this
is
robbery
,
so
that
the
felon
doth
make
an
assault
vpon
the
owner
,
or
do
put
him
in
feare
.
But
if
a
felon
do
take
money
from
the
person
of
a
man
in
the
high
way
,
and
not
put
his
person
in
feare
,
it
is
no
robberie
,
5.
El.
Dyer
224.
but
only
felony
,
for
the
which
the
offendor
shall
haue
his
clergy
.
44.
E.
3.
14
4.
H.
4.
3
28
If
two
,
thrée
,
or
more
,
do
by
force
take
a
man
,
Robberie
by
taking
an
oth
to
bring
mony
.
and
by
threats
compell
him
to
sweare
to
bring
them
a
certaine
summe
of
money
,
menacing
him
,
that
they
will
kill
him
if
he
doe
it
not
,
by
force
wherof
he
doth
bring
them
the
same
summe
of
money
,
this
is
robbery
,
for
that
he
did
first
sweare
,
and
after
bring
the
money
against
his
will
:
and
yet
by
this
enforced
oath
he
was
not
bound
to
bring
them
the
said
money
,
for
that
the
oath
was
taken
for
feare
of
death
,
and
so
against
his
will
.
And
likewise
,
Robbery
in
taking
money
giuen
.
if
felons
come
to
a
mans
house
in
the
night
to
rob
him
,
and
the
possessor
of
the
house
fearing
that
they
will
enter
his
house
and
rob
him
,
doth
cast
out
vnto
them
mony
,
or
plate
,
which
the
felons
do
take
,
and
then
depart
,
this
is
robbery
,
for
it
is
in
construction
of
the
law
taken
from
the
person
of
a
man
,
and
for
feare
.
9.
E.
4.
26.
29
If
one
lye
in
the
high
way
to
rob
passengers
,
Robbery
in
will
,
but
not
in
déed
.
and
draweth
his
sword
against
a
man
that
trauelleth
the
same
way
,
and
commaundeth
him
to
deliuer
his
purse
,
whereupon
the
same
party
encountreth
him
,
&
is
too
strong
for
him
,
and
apprehendeth
him
,
or
leuieth
Huy
and
Cry
,
and
the
offendor
is
thereby
taken
,
yet
this
is
no
Robberie
,
nor
Felony
,
for
there
was
no
act
done
,
though
there
was
an
intent
and
will
to
robbe
,
Quia
voluntas
non
reputabitur
pro
facto
.
30
Burglary
is
,
What
is
Burglary
when
one
or
more
persons
do
in
the
time
of
peace
breake
a
house
,
a
Church
,
a
Wall
,
a
Tower
,
or
Gatehouse
in
the
night
,
with
a
felonious
intent
to
robbe
,
kill
a
man
,
or
commit
some
other
Felonie
,
for
the
which
Burglarie
the
offendor
shal
be
hanged
,
Fit
.
cor.
264
22.
Ass.
p.
95
though
he
take
nothing
away
.
But
that
breaking
of
the
house
must
bee
to
commit
some
Felonie
:
For
if
the
offendor
be
indicted
for
the
breaking
of
a
house
to
beat
some
person
,
that
is
but
Trespas
,
13.
H.
4.
8
but
if
it
be
to
kill
another
,
then
it
is
Felony
.
And
if
a
man
bée
indicted
for
the
breaking
of
a
Close
,
to
kill
or
robbe
another
,
it
is
not
Burglarie
.
1.
M.
Dy.
99.
31
If
a
man
doe
breake
a
house
,
and
doe
not
enter
into
it
,
Breaking
a
house
,
but
not
entring
.
then
it
is
no
Burglarie
:
for
a
man
was
indicted
,
Quod
burglaritèr
fregit
ecclesiam
in
nocte
&
intrauit
,
ad
depraedandum
bona
parochianorum
in
eadem
existentur
sed
nihil
abstulit
:
and
this
was
adiudged
Burglary
,
for
that
the
party
indicted
did
enter
.
32
Burglary
cannot
be
committed
in
the
day
,
but
in
the
night
:
No
Burglary
in
the
day
.
for
all
the
indictments
of
Burglary
be
Noctantèr
fregit
:
St.
39.
El.
15.
for
though
by
the
statute
of
39.
Eliz.
the
benefit
of
Clergie
is
taken
away
from
any
person
,
conuicted
for
the
felonious
taking
away
in
the
day
time
of
any
money
or
goods
,
of
the
value
of
fiue
shillings
,
or
vpwards
,
in
any
dwelling
house
or
out-house
,
although
no
person
shal
be
in
the
same
at
the
time
of
the
said
felony
committed
,
and
so
that
offenceis
made
as
penall
as
Burglary
,
by
the
losse
of
the
benefite
of
Clergie
,
yet
is
it
not
Burglary
,
for
it
may
be
committed
in
the
day
time
,
&
the
penaltie
of
loosing
of
his
Clergy
is
not
inflicted
,
vnlesse
the
money
or
goods
taken
away
be
of
the
value
of
fiue
shillings
,
or
vpwards
.
Breaking
a
dwelling
house
where
no
person
is
33
If
a
man
hath
a
mansion
house
,
Co.
li.
4.
40.
and
he
and
his
family
doth
vpon
some
cause
goe
forth
of
the
house
,
and
in
the
meane
time
one
doth
come
,
and
breake
the
house
in
the
night
,
to
commit
felony
,
this
is
Burglary
:
For
although
the
owner
,
nor
any
of
his
family
were
in
the
house
,
yet
it
is
his
mansion
house
:
for
the
words
of
an
appeale
or
indictment
of
Burglarie
be
,
Domum
mansionalem
ipsius
A.
B.
fregit
.
And
in
like
sort
,
if
a
man
haue
two
houses
,
and
doth
inhabite
sometime
in
one
of
them
,
and
some
other
time
in
another
,
and
hath
a
familie
or
seruants
in
them
both
,
and
in
the
night
,
when
the
seruants
be
out
of
the
house
,
felons
doe
breake
the
house
,
this
is
Burglarie
,
for
that
the
house
is
broken
.
❧
Felonies
by
Statute
.
ANd
now
hauing
expressed
which
bee
felonies
by
the
common
Law
,
it
resteth
that
I
declare
which
be
felonies
by
Statute
,
with
the
reasons
and
causes
why
the
same
statutes
were
made
,
so
farre
as
I
may
be
warranted
by
the
same
statutes
.
And
as
in
Treasons
I
began
with
those
Treasons
which
did
concerne
the
K.
and
his
chiefe
magistrates
of
iustice
:
So
in
reporting
of
such
lawes
and
statutes
as
haue
béene
made
for
the
supply
of
some
defects
at
the
common
Law
,
I
will
begin
with
a
statute
which
indeuoreth
to
restraine
such
as
practise
or
confederat
to
destroy
the
king
,
or
his
chiefe
officers
attending
on
his
person
or
estate
.
1
For
as
much
as
by
quarrels
made
to
such
as
haue
béene
in
great
authority
,
office
,
and
of
counsell
with
the
kings
of
this
Realme
,
hath
ensued
the
destruction
of
the
kings
,
and
thereby
the
vndoing
of
this
Realme
:
so
as
it
hath
appeared
euidently
,
when
compassing
of
the
death
of
such
as
were
of
the
kings
true
subiects
was
had
,
the
destruction
of
the
prince
was
imagined
therby
,
and
for
the
most
part
it
hath
growne
,
and
béene
occasion
by
enuie
and
mallice
of
the
kings
owne
houshold
seruants
.
And
for
that
by
the
lawes
of
this
land
,
if
actuall
déeds
were
not
had
,
there
was
no
remedy
for
such
false
compassings
,
imaginations
,
and
confederacies
had
against
any
lord
,
or
any
of
the
kings
Councell
,
or
any
of
the
kings
great
Officers
in
his
houshold
,
or
Steward
,
Treasurer
,
Controller
,
and
so
great
inconueniences
did
ensue
,
because
such
vngodly
demeanor
was
not
straitly
punished
,
before
that
an
actuall
déed
was
done
:
for
the
remedy
whereof
,
by
a
statute
made
An.
3.
H.
7.
14.
Conspiring
to
destroy
the
king
,
or
any
lord
&c.
it
was
ordained
,
St.
3.
H.
7.
14.
That
the
Steward
,
Treasurer
,
and
Controller
of
the
kings
house
for
the
time
being
,
or
one
of
them
,
shall
haue
full
authority
and
power
to
enquire
by
xij
.
sad
men
and
discréet
persons
of
the
Checke
Roll
of
the
kings
honourable
houshold
,
if
any
seruant
,
admitted
to
be
his
seruant
sworne
,
and
his
name
put
into
the
Checke
Roll
of
houshold
,
whatsoeuer
he
be
,
seruing
in
any
maner
office
or
roome
,
reputed
,
had
,
and
taken
vnder
the
estate
of
a
lord
,
make
any
confederacies
,
compassings
,
conspiracies
,
or
imaginations
,
with
any
person
or
persons
to
destroy
or
murder
the
king
,
or
any
lord
of
this
realme
,
or
any
other
person
sworne
to
the
kings
Councell
,
Steward
,
Treasurer
,
Controller
of
the
kings
house
:
that
if
it
be
found
afore
the
said
steward
for
the
time
being
by
the
said
xij
.
men
,
that
any
such
of
the
kings
seruants
,
as
is
abouesaid
,
hath
confedered
,
compassed
,
conspired
,
or
imagined
,
as
abouesaid
,
that
he
so
found
by
the
inquiry
,
be
put
thereupon
to
answere
.
And
the
Steward
,
Treasurer
,
and
Controller
,
or
two
of
them
haue
power
to
determine
the
same
matter
according
to
the
law
.
And
if
he
be
put
in
triall
,
that
then
it
be
tried
by
other
xij
.
sad
men
of
the
same
houshold
.
Challenge
.
And
that
such
misdoers
haue
no
challenge
but
for
mallice
.
And
if
such
misdoers
be
found
guilty
by
confession
,
or
otherwise
,
that
the
said
offence
be
iudged
felony
,
and
they
to
haue
iudgement
and
execution
as
felons
attainted
ought
to
haue
by
the
common
law
.
2
For
that
vnlawfull
and
forcible
violence
,
and
also
detestable
aduowtrie
were
committed
in
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
from
henceforth
disabled
,
&
by
the
same
déed
vnabled
to
haue
or
challenge
heritage
,
dower
,
or
ioint
feoffement
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
feoffement
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
con●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
indictment
,
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
Ann̄
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
diuers
euill
disposed
persons
,
being
married
,
did
run
out
of
one
countrey
into
another
,
or
into
places
where
they
were
not
knowne
,
and
there
became
to
be
maried
,
hauing
another
husband
or
wife
liuing
,
to
the
great
dishonor
of
God
,
&
vtter
vndoing
of
diuers
honest
mens
children
,
and
others
:
therfore
by
a
stat.
made
ann
1.
Felony
in
marying
vntill
the
former
husband
or
wife
be
dead
.
Iac.
it
was
enacted
,
St.
1.
Iac.
11
That
if
any
person
or
persons
within
his
Ma.
dominions
of
England
&
Wales
,
being
maried
,
or
which
hereafter
shall
marry
,
do
marry
any
person
or
persons
,
the
former
husband
or
wife
being
aliue
,
that
then
euery
such
offence
shal
be
felony
,
and
the
party
&
parties
so
offending
shall
receiue
such
&
the
like
procéeding
,
triall
,
and
execution
in
such
county
,
where
such
person
or
persons
shal
be
apprehended
,
as
if
the
offence
had
bin
committed
in
such
county
where
such
person
or
persons
shal
be
taken
or
apprehended
.
Prouided
alwaies
,
that
this
act
shall
not
extend
to
any
person
or
persons
,
whose
husband
or
wife
shal
be
continually
remaining
beyond
the
seas
by
the
space
of
7.
yéeres
together
,
or
whose
husband
or
wife
shall
absent
him
or
her selfe
the
one
from
the
other
by
the
space
of
7.
yeares
together
,
in
any
parts
within
his
Ma.
Dominions
,
the
one
of
them
not
knowing
the
other
to
be
liuing
within
that
time
.
Prouided
also
,
that
this
act
shall
not
extend
to
any
person
or
persons
that
are
or
shal
be
at
the
time
of
such
mariage
diuorced
by
any
sentence
had
or
hereafter
to
be
had
in
the
Ecclesiasticall
Court
,
or
to
any
person
or
persons
,
where
the
former
mariage
hath
bin
or
hereafter
shal
be
by
sentence
in
the
Ecclesiasticall
court
declared
to
be
void
,
and
of
no
effect
:
Nor
to
any
person
or
persons
,
for
,
or
by
reason
of
any
former
mariage
had
or
made
,
or
hereafter
to
be
had
or
made
within
age
of
consent
.
No
corruption
of
blood
,
or
disheritance
Prouided
also
,
that
no
attainder
for
this
offence
made
felony
by
this
act
,
shall
make
or
worke
any
corruption
of
blood
,
losse
of
dower
,
or
disinherison
of
heire
or
heires
.
Infected
with
the
plague
.
8
By
the
stat.
made
ann
1.
Iac.
it
was
ordained
,
St.
1.
Iac.
31
That
if
any
person
or
persons
infected
with
the
plague
shal
be
by
the
Maior
,
Bailifes
,
Constables
,
or
other
head
officers
of
any
City
,
Borough
,
Town
corporat
,
priuiledged
place
,
or
Market
Towne
,
or
by
any
I.
of
Peace
,
Constable
,
Headborough
,
or
other
officer
of
the
county
(
if
any
such
infection
be
out
of
any
City
,
Borough
,
Towne
corporate
,
priuiledged
place
,
or
market
towne
)
commaunded
or
appointed
to
kéepe
his
or
their
house
,
for
auoiding
of
further
infection
,
&
shall
notwithstanding
contrary
to
such
commandement
wilfully
&
contemptuously
goe
abroad
,
&
shall
conuerse
in
company
,
hauing
any
infectious
sore
vpon
him
vncured
,
then
such
person
&
persons
shal
be
taken
&
adiudged
a
felon
,
and
suffer
death
as
in
case
of
Felony
.
But
if
such
person
shall
not
haue
such
sore
found
about
him
,
them
for
his
said
offence
to
be
punished
as
a
vagabond
should
or
ought
to
be
by
the
stat.
made
39.
El.
4.
for
the
punishment
of
vagabonds
,
and
further
to
be
bound
to
his
or
their
good
behauior
for
one
yéere
:
but
no
attainder
of
felony
by
vertue
of
this
act
shal
extend
to
any
attainder
or
corruption
of
blood
,
No
corruption
of
blood
,
or
forfeiture
.
or
forf.
of
any
goods
,
chattels
,
lands
,
tenements
,
or
hereditaments
.
St.
35.
El.
1
St.
2.
Iac.
25
9
By
the
stat.
made
Ann
35.
El.
it
was
ordained
,
That
if
any
such
offendor
,
Abiuration
by
a
Recusant
.
which
by
the
tenor
&
effect
of
the
said
act
(
intituled
an
act
to
retaine
the
Quéens
subiects
in
due
obedience
)
is
to
be
abiured
,
shal
refuse
to
make
such
abiuration
,
as
by
the
said
stat.
is
appointed
:
Or
after
such
abiuration
shall
not
goe
to
such
hauen
,
and
within
such
time
as
is
appointed
,
and
from
thence
depart
forth
of
the
realme
,
according
to
the
said
statute
:
Or
after
his
departure
shall
returne
and
come
againe
into
any
of
the
Q.
Realmes
or
Dominions
,
without
her
speciall
licence
in
that
behalfe
first
had
and
obtained
:
Then
in
euery
such
case
the
person
so
offending
shall
be
adiudged
a
felon
,
&
suffer
as
in
case
of
felony
,
without
benefit
of
clergy
.
Prouided
,
that
the
wife
of
such
offendor
,
by
force
of
this
act
,
shal
not
loose
her
dower
:
nor
that
any
corruption
of
blood
shal
grow
,
or
be
by
reason
of
any
offence
mentioned
in
this
act
.
But
the
heire
of
such
offendor
by
force
of
this
act
,
shall
and
may
after
the
death
of
euery
such
offendor
haue
and
enioy
the
lands
,
tenements
,
and
hereditaments
of
such
offendor
,
as
if
this
act
had
not
bin
made
.
Prouided
,
that
no
Popish
Recusant
or
feme
couert
shall
be
bound
to
abiure
by
vertue
of
this
act
.
St.
35.
El.
2.
10
By
a
stat.
made
an
.
35.
El.
it
was
enacted
,
That
any
such
offendor
,
Abiuration
of
a
Recusant
.
which
by
the
tenor
&
intent
of
the
act
made
to
restrain
Popi●h
Recusants
to
some
certaine
place
or
abode
,
is
to
be
abiured
,
shal
refuse
to
make
such
abiuration
,
or
after
such
abiuration
made
shal
not
go
to
such
hauen
,
and
wi●h●n
such
time
as
is
appointed
,
and
from
thence
depart
out
of
the
realme
according
to
this
act
:
Or
after
such
his
departure
shall
returne
or
come
againe
into
any
of
her
maiesties
realmes
or
dominions
,
without
her
maiesties
speciall
licence
,
in
that
behalfe
first
had
and
obtained
:
then
in
euery
such
case
the
person
so
off●nding
shall
be
adiudged
a
felon
,
and
shall
suffer
and
loose
as
in
case
of
felony
,
without
benefit
of
Clergy
.
St.
25.
H.
8
6
St.
5.
Eli.
17.
11
By
a
stat.
ordained
ann
25.
H.
8.
and
made
perpetuall
an
.
5.
El.
it
was
enacted
,
That
the
detestable
&
abominable
vice
of
Buggery
Buggery
committed
with
mankind
,
or
beast
,
shal
be
adiudged
felony
,
and
such
order
&
forme
of
proce●
therein
shal
be
vsed
against
the
offendors
as
in
cases
of
felony
at
the
common
law
.
And
the
offendors
being
thereof
conuict
by
verdict
,
confession
,
or
●●iclary
,
shal
suffer
such
pains
of
death
,
&
losses
,
&
penalt●es
of
goods
,
catte●s
,
debts
,
lands
,
tenements
and
hereditaments
,
as
felons
be
accustomed
to
do
according
to
the
order
of
the
common
law
of
this
Realme
.
And
no
person
offending
in
such
offence
,
No
clergy
shall
be
admitted
to
his
Clergy
.
And
I.
of
Peace
shall
haue
authority
within
the
limits
of
their
iurisdiction
and
commission
to
heare
and
determine
the
same
,
as
they
haue
in
cases
of
other
felonies
.
St.
21.
H.
8.
7
St.
5.
El.
10.
12
By
a
statute
prouided
An.
21.
H.
8.
and
made
perpetuall
Ann
5.
Seruants
imbesiling
their
masters
goods
.
El.
it
was
established
,
That
all
and
singular
seruants
,
to
whom
any
caskets
,
iewels
,
money
,
goods
,
or
cattels
,
by
his
or
their
master
or
mistresse
,
shall
be
deliuered
to
kéepe
:
if
any
such
seruant
or
seruants
withdraw
him
or
them
from
their
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
them
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
committed
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
apprentice
or
apprentices
,
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
then
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.
s.
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
Ann
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
committed
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
Ann
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
ann
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
company
of
vagabonds
,
commonly
called
,
or
calling
themselues
Egyptians
,
or
counterfeiting
,
transforming
,
or
disguising
themselues
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
felons
,
and
shall
incurre
the
paine
of
felony
.
And
the
Iudges
of
the
said
Courts
,
of
the
one
Bench
,
or
of
the
other
,
haue
power
to
heare
and
determine
such
defaults
before
them
,
and
thereof
to
make
due
punishment
,
as
is
aforesaid
.
2.
R.
3.
10
Br.
Cor.
173
If
a
Iudge
doe
file
an
indictment
with
other
indictments
,
The
penalties
of
Iudges
or
officers
abusing
Records
which
was
not
found
by
the
Iury
,
that
did
find
other
indictments
:
Or
if
he
do
imbesill
or
rase
a
Record
,
or
such
like
,
this
is
but
misprision
in
the
Iudge
,
but
this
is
felony
in
another
person
who
is
no
Iudge
:
and
the
Iudge
shal
be
indited
and
arraigned
thereof
,
&
shall
make
a
fine
,
&
loose
his
office
for
this
misprision
.
And
if
the
steward
of
a
Liberty
doth
arraigne
a
man
by
the
colour
of
Infangthéefe
,
and
doth
adiudge
him
to
death
,
the
liberty
shall
be
seised
therefore
:
but
no
punishment
shal
be
inflicted
vpon
the
steward
,
for
he
did
it
by
colour
of
the
liberty
,
and
so
no
felony
:
and
if
a
man
do
sue
another
by
an
action
of
debt
to
the
exigent
,
wherupon
he
is
outlawed
,
&
another
man
doth
rase
the
originall
,
&
the
3.
capias
,
&
the
exigent
,
and
maketh
part
in
London
,
and
the
residue
in
Middlesex
,
and
doth
write
in
them
W.
B.
for
I.B.
this
is
felony
by
the
foresaid
statute
of
8.
H.
6.
which
is
,
if
a
Record
in
either
of
the
Benches
,
or
in
the
Exchequer
,
bee
imbesiled
,
carried
away
,
withdrawne
,
or
auoided
,
wherby
a
iudgement
shal
be
reuersed
,
that
then
it
shal
be
inquired
by
clerkes
of
those
Courts
,
and
others
,
&
it
shal
be
adiudged
by
the
Iustices
of
the
same
court
,
and
it
shall
be
ordained
as
felonie
:
and
this
rasure
doth
auoid
the
whole
Record
,
so
that
it
cannot
be
redressed
by
error
,
&
it
is
a
greater
offence
then
if
part
onely
had
bin
auoided
:
2.
R.
3.
10
and
all
which
be
agreeing
thereunto
be
felons
.
17
By
a
stat.
made
an
.
5.
H.
4.
St.
5.
H.
4.
5.
it
was
enacted
,
That
the
offendors
which
do
cut
the
tongues
,
or
put
out
the
eies
Cutting
of
tongues
,
putting
out
of
eies
.
of
any
of
the
K.
liege
people
,
and
that
duely
proued
,
and
found
that
such
déed
was
done
of
malice
pretenced
,
shall
incurre
the
paine
of
felony
.
18
By
the
stat.
made
anno
5.
H.
4.
it
was
ordained
,
St.
5.
H.
4.
4.
That
none
shall
vse
to
multiply
gold
or
siluer
,
nor
practise
the
art
of
Multiplication
:
Multiplication
.
and
if
any
do
,
he
shall
incurre
the
paine
of
felony
in
this
case
.
19
By
the
Statute
made
Anno
34.
Ed.
3.
and
37.
Ed.
3.
St.
34.
E.
3.22
St.
37.
E.
3.19
it
was
enacted
,
Withholding
of
a
hauke
.
That
whosoeuer
finde●h
a
falkon
,
Tarcelet
,
Laner
,
Laneret
,
or
other
Hawke
,
which
the
owner
thereof
hath
lost
,
shall
immediately
bring
the
same
to
the
Sherife
of
the
Countie
,
wh●ch
shall
make
proclamation
in
all
the
good
Townes
of
the
Countie
,
that
he
h●th
such
a
hawke
in
his
custodie
,
and
if
the
owner
which
lost
the
hawke
,
or
any
of
his
seruants
come
to
challenge
it
,
and
proou●th
that
it
is
his
Maisters
,
hée
shall
pay
for
the
costs
,
and
haue
it
.
And
if
none
doe
come
within
foure
moneths
to
challenge
it
,
th●n
the
Sherife
shall
haue
the
hawke
,
agréeing
with
him
that
tooke
it
vp
,
if
hée
be
a
simple
man
,
and
if
hée
be
a
Gentleman
,
and
of
estate
to
haue
a
hawke
,
then
the
Sherife
shall
deliuer
him
the
hawke
,
taking
reasonable
allowance
for
the
kéeping
thereof
.
And
whosoeuer
taketh
a
hawke
,
and
the
same
concealeth
from
the
owner
,
or
from
his
falkoners
,
or
tak●th
away
a
hawke
from
the
owner
,
or
stealeth
a
hawke
and
carrieth
it
away
,
not
obseruing
the
foresaid
ordinances
,
and
is
thereof
attainted
,
shall
be
vsed
as
a
felon
,
which
hath
stolen
a
horse
or
other
thing
.
Congregations
by
masons
.
20
By
a
Statute
made
Anno
3.
H.
6.
St.
3.
H.
6.
●
.
it
was
ordained
,
That
Congregations
and
Confederacies
shall
not
be
holden
by
Masons
in
their
generall
assemblies
.
And
if
any
such
bee
made
,
they
that
cause
such
Chapters
,
and
Congregations
to
be
assembled
and
holden
,
if
they
be
thereof
conuict
,
shall
be
adiudged
for
felons
.
And
all
other
Masons
that
come
to
such
Chapters
and
Congregations
,
shall
be
punished
by
imprisonment
of
their
bodies
,
and
make
fine
and
ransome
at
the
Kings
will
.
A
Souldier
departing
from
his
captaine
.
21
By
the
statutes
of
Anno
18.
H.
6.
Anno
2.
E.
6.
2.
and
Anno
4.
&
5.
P.
&
M.
St.
1●
.
H.
6.
19
St.
2
E.
6.
2.
St
4
&
5.
P.
&
M.
3.
it
was
enacted
,
That
if
any
Souldier
,
man
of
Armes
,
or
Archer
,
which
hath
taken
parcel
of
his
wages
of
his
captaine
,
hath
mustred
,
and
is
entred
of
record
the
Kings
souldier
,
doth
not
passe
the
sea
,
or
go
with
his
captaine
,
(
except
notorious
sicknesse
or
impediment
by
Gods
visitation
doth
stay
him
,
which
he
shal
immediatly
certifie
his
captaine
,
and
repay
his
money
)
or
els
being
in
the
enemies
countrey
in
garrison
,
or
elsewhere
in
the
K.
seruice
,
where
he
is
appointed
to
serue
,
doth
depart
without
licence
of
the
kings
Lieutenant
,
Deputy
,
high
Admirall
,
vice-Admiral
,
Warden
,
Captaine
,
or
in
their
absence
of
their
Deputies
,
then
he
shall
be
taken
,
iudged
,
and
executed
as
a
Felon
,
without
hauing
any
aduantage
of
Clergie
or
Sanctuarie
.
And
Iustices
of
Peace
shall
haue
authoritie
to
enquire
thereof
,
and
to
heare
and
determine
the
same
,
as
they
do
other
felonies
committed
in
that
Shire
where
such
Souldior
shall
be
taken
.
And
by
a
braunch
of
a
statute
wade
ann
5.
Eli.
it
was
ordained
,
That
the
foresaid
statute
of
18.
H.
6.
in
all
pains
,
St.
5.
El.
5.
2.
l●e
.
25.
forfeitures
,
and
other
things
,
did
,
doth
,
and
hereafter
shall
extend
,
as
well
to
all
and
euery
mariner
and
gunner
,
A
Mariner
or
Gunner
.
hauing
taken
,
or
which
hereafter
shall
take
prest
or
wages
,
to
serue
the
king
,
his
heires
or
successors
,
to
all
intents
and
purposes
,
as
the
same
did
or
doth
to
any
souldier
.
S.
the
statutes
of
7.
H.
7.
1.
&
3.
H.
8.
5.
made
to
the
like
effect
.
St.
7.
H.
7.
1.
3.
H.
8.
5
Co.
li.
6.
27.
Et
Quaere
whether
the
first
stat.
which
were
made
for
couenant
souldiors
,
or
the
later
stat.
which
were
ordained
for
pressed
Souldiors
,
bee
,
or
ought
to
be
put
in
execution
:
wherein
haue
respect
to
the
meaning
of
the
makers
of
the
foresaid
stat.
of
an
.
5.
El.
5.
22
By
the
statute
of
Anno
27.
El.
2.
St.
27.
El.
2.
it
was
ordained
,
Receiuing
or
relieuing
of
Iesuits
.
That
euery
person
which
shall
wittingly
&
willingly
receiue
,
relieue
,
comfort
,
aid
,
or
maintain
any
Iesuit
,
Seminary
priest
,
or
other
priest
,
made
out
of
the
realm
of
England
,
Deacon
,
or
religious
or
Ecclesiasticall
person
,
being
at
liberty
,
or
out
of
hold
,
knowing
him
to
be
a
Iesuit
,
Seminary
priest
,
or
other
such
priest
,
Deacon
,
or
religious
or
ecclesiasticall
person
,
shal
for
such
offence
be
adiudged
a
felon
,
without
benefit
of
clergy
,
&
suffer
death
,
loose
,
&
forf.
as
one
attainted
of
felony
.
No
Clergy
St.
28.
E.
1.
2
23
By
the
statute
made
An.
28.
Ed.
1.
it
was
established
,
That
if
any
make
purueyance
or
prizes
without
warrant
,
Purueiance
without
warrant
.
and
do
carry
them
away
,
against
the
will
of
the
owner
,
he
shal
be
arrested
by
the
town
where
the
prizes
were
made
,
and
carried
to
the
next
Gaole
,
and
if
he
be
therof
attainted
,
he
shal
be
punished
as
a
felon
,
if
the
value
of
the
goods
do
so
require
.
St.
25.
E.
3.
15
24
By
the
Statute
of
Anno
25.
Edw.
3.
it
was
ordained
,
That
no
Purueyor
of
the
kings
shall
take
any
more
Shéepe
Purueying
of
shéepe
.
before
sheare
time
,
but
so
many
as
may
reasonably
suffice
vntill
sheare
time
,
and
after
that
time
they
shall
take
as
many
shorne
Shéepe
,
and
not
other
,
as
may
reasonably
suffice
for
the
time
to
come
.
And
if
any
Taker
,
Purueyor
,
or
Buyer
,
take
any
shéepe
with
their
Wooll
betwixt
Easter
and
the
Feast
of
Saint
Iohn
Baptist
,
praise
them
at
a
small
price
,
and
send
them
to
his
house
to
bee
shorne
to
his
owne
profite
,
and
thereof
be
attainted
at
the
suit
of
the
king
,
or
the
party
,
he
shal
be
vsed
as
a
Théefe
or
a
Robber
.
St.
5.
Ed.
3.
2.
10.
Ed.
3.
1.
25.
E.
3.
1.
36.
Ed.
3.
2.
25
By
the
Statutes
made
Anno
5.
Edw.
3.
10.
Edw.
3.
25.
Ed.
3.
36.
Ed.
3.
it
was
enacted
,
That
the
Corne
,
Cattell
,
&
other
victuall
,
Appraisement
of
things
purueied
.
&
things
which
shal
be
taken
for
the
kings
house
,
shal
be
taken
in
such
place
where
most
plenty
is
,
and
in
conuenient
time
,
and
no
more
then
is
néedfull
for
that
season
.
And
if
the
purueyor
or
buyer
cannot
well
agrée
with
the
seller
for
that
which
hee
shall
néed
,
then
the
same
shall
be
praised
at
the
very
value
by
the
Constables
and
foure
honest
men
of
the
Townes
where
such
taking
is
,
thereunto
sworne
:
and
the
praysers
shall
not
be
constrained
by
menace
,
threats
,
duresse
,
or
other
villanie
,
to
set
any
price
other
then
their
oathes
doe
require
,
but
as
such
things
doe
commonly
goe
in
the
next
Markets
.
And
Indentures
or
Tallies
shall
be
presently
made
betwixt
the
purueyors
and
those
from
whom
the
goods
bee
taken
,
in
the
presence
of
the
said
Constables
,
and
foure
praysers
,
contayning
the
quantitie
of
their
takings
,
the
price
,
and
of
what
persons
,
and
they
shal
be
sealed
with
the
purueyors
seales
,
by
which
Indentures
or
Tallies
satisfaction
shal
be
made
to
them
,
from
whom
such
goods
be
taken
.
And
if
any
Taker
or
Purueyor
do
make
his
prouision
in
other
manner
then
by
foure
discréet
men
of
the
Towne
,
or
doe
not
deliuer
Tallies
or
Indentures
with
his
seale
,
as
is
beforesaid
,
he
shall
be
incontinently
arrested
by
the
Towne
where
such
purueyance
was
made
,
and
brought
to
the
next
Gaole
:
and
if
hee
bee
thereof
attainted
,
he
shall
be
punished
as
a
felon
,
if
the
quantity
of
the
goods
doe
require
.
Taking
of
cariage
.
26
By
the
Statute
of
Anno
36.
Edw.
3.
St.
36.
E.
3.
2
it
was
enacted
,
That
if
any
Taker
or
Buyer
,
after
Commission
to
him
directed
,
doth
puruey
,
leuie
,
or
take
any
carriage
in
other
manner
then
is
comprised
in
his
Commission
,
it
is
Felony
.
And
by
the
Statute
of
Anno
36.
Edw.
3.
St.
36.
E.
3.
4.
it
was
ordained
,
That
Commissions
shall
be
awarded
,
to
enquire
of
Purueyors
behauior
:
and
if
it
be
found
at
the
king
,
or
parties
suit
,
by
euidence
of
the
indictors
,
or
other
manner
,
that
the
Purueyors
haue
taken
more
then
they
haue
deliuered
to
the
kings
house
,
and
that
they
haue
not
paid
for
that
which
they
haue
taken
,
it
is
felony
,
&
they
shal
be
punished
as
felons
.
Forging
of
euidence
.
27
By
the
Statute
of
Anno
5.
Eliz.
it
was
ordained
,
St.
5.
El.
14
That
it
shall
be
Felony
,
without
benefit
of
Clergie
or
Sanctuarie
,
eftsoones
to
commit
any
of
the
offences
prohibited
by
the
said
Statute
,
ordained
against
the
forging
of
Euidences
and
Writings
,
being
once
before
conuicted
or
condemned
of
any
of
the
said
offences
by
any
of
the
waies
or
meanes
limitted
by
the
said
statute
.
But
there
shall
be
no
corruption
of
blood
,
or
forfeiture
of
dower
,
by
reason
of
this
felony
.
S.
Forgerie
3.
&c.
A
Rogue
banished
.
28
By
the
Statute
of
Anno
39.
Eliz.
it
was
enacted
,
St.
39.
El.
4.
That
it
shall
be
felony
for
any
Rogue
,
beeing
by
the
Iustices
of
Peace
adiudged
incorrigible
and
dangerous
,
and
therefore
banished
this
Realme
by
the
Iustices
,
in
their
Quarter
Sessions
,
to
return
again
into
any
part
of
this
Realme
,
or
Wales
,
without
licence
or
warrant
so
to
doe
,
which
felony
shall
be
heard
and
determined
in
that
County
of
this
Realme
,
or
Wales
,
in
which
the
offendor
shall
be
apprehended
.
St.
1.
Iae.
7.
And
by
the
statute
made
Anno
1.
Iacob
.
such
Rogues
as
shall
be
adiudged
(
as
aforesaid
)
incorrigible
or
dangerous
,
Rogues
incorrigible
.
shall
also
by
the
iudgement
of
the
same
Iustices
,
or
the
more
part
of
them
then
present
,
in
their
open
Sessions
of
the
Peace
,
be
branded
in
the
left
shoulder
with
an
hot
burning
yron
,
of
the
breadth
of
an
English
shilling
,
with
a
great
Romane
R.
vpon
the
yron
,
and
the
branding
vpon
the
shoulder
to
bee
so
thoroughly
burnt
and
set
on
vpon
the
skinne
and
flesh
,
that
the
letter
R.
be
séene
,
and
remaine
for
a
perpetuall
marke
vpon
such
Rogue
,
during
his
or
her
life
,
and
thereupon
bée
sent
by
the
same
Iustices
to
the
place
of
his
dwelling
,
if
he
haue
any
:
if
not
,
then
to
the
place
where
he
last
dwelt
by
the
space
of
a
yeare
,
if
that
can
be
knowne
by
his
confession
,
or
otherwise
:
and
if
that
cannot
be
known
,
then
to
the
place
of
his
birth
,
there
to
be
placed
in
labour
,
as
a
true
subiect
ought
to
be
:
and
after
such
punishment
of
any
such
Rogue
,
as
aforesaid
,
if
any
Rogue
so
punished
shall
offend
againe
in
begging
or
wandering
,
contrarie
to
the
said
stat.
of
39.
El.
4.
or
this
present
act
,
Lex
Alure
.
di
Regis
.
Then
in
euery
such
case
the
party
offending
shal
be
iudged
a
felon
,
&
shall
suffer
as
in
cases
of
felony
,
without
benefit
of
clergie
,
the
same
felony
to
be
tried
in
the
countie
where
any
such
offendor
shal
be
taken
.
St.
1.
Iac.
12
29
By
the
statute
of
Anno
1.
Iacob
.
12.
it
was
enacted
,
Coniuration
,
witchcraft
.
That
if
any
person
or
persons
shall
vse
,
practise
,
or
exercise
any
inuocation
or
coniuration
of
any
euill
and
wicked
spirit
,
or
shall
consult
,
couenant
with
,
entertaine
,
employ
,
féed
,
or
reward
any
euill
or
wicked
spirit
,
to
or
for
any
intent
or
purpose
,
or
take
vp
any
dead
man
,
woman
,
or
child
,
out
of
his
,
her
,
or
their
graue
,
or
any
other
place
,
where
the
dead
body
resteth
,
or
the
skinne
,
bone
,
or
any
other
part
of
any
dead
person
,
to
bee
employed
or
vsed
in
any
manner
of
Witchcraft
,
Sorcerie
,
Charme
,
or
Enchantment
,
or
shall
vse
,
practise
,
or
exercise
any
Witchcraft
,
Enchantment
,
Charme
,
or
Sorcery
,
whereby
any
person
shall
be
killed
,
destroyed
,
wasted
,
consumed
,
pyned
,
or
lamed
in
his
or
her
body
,
Lex
Athelstani
6.
or
any
part
thereof
:
then
euery
such
offendor
,
or
offendors
,
their
aydors
,
abbettors
,
and
counsellors
being
of
any
the
said
offences
duely
and
lawfully
conuicted
and
attainted
,
shall
suffer
paines
of
death
as
a
felon
or
felons
,
and
shall
loose
the
priuiledge
and
benefite
of
Clergie
and
Sanctuarie
.
If
any
person
or
persons
shall
take
vpon
him
,
or
them
by
witchcraft
,
Finding
of
treasure
.
inchantment
,
charme
,
or
sorcerie
,
to
tell
,
or
declare
in
what
place
any
treasure
of
gold
or
siluer
,
should
,
or
might
be
found
,
or
had
in
the
earth
,
or
other
secret
places
:
Or
where
goods
,
or
things
lost
or
stollen
should
be
found
,
or
become
:
Declaring
where
goods
lost
should
be
found
.
Prouoking
to
loue
.
Destroying
of
any
person
or
cattell
.
Or
to
the
intent
to
prouoke
any
person
to
vnlawfull
loue
:
Or
whereby
any
cattell
,
or
goods
of
any
person
shal
be
destroyed
,
wasted
,
or
impaired
,
or
to
hurt
or
destroy
any
person
in
his
or
her
bodie
,
although
the
same
be
not
effected
and
done
:
Then
all
and
euery
such
person
and
persons
so
offending
,
and
beeing
thereof
lawfully
conuicted
,
shall
for
the
said
offence
suffer
imprisonment
by
the
space
of
one
whole
yeare
,
without
baile
or
mainprise
,
and
once
in
euery
quarter
of
the
said
yeare
shall
in
some
market
towne
,
vpon
the
market
day
,
or
at
such
time
as
any
Faire
shal
be
kept
,
there
stand
openly
vpon
the
Pillorie
,
by
the
space
of
sixe
houres
,
and
there
shall
openly
confesse
,
his
,
or
her
error
or
offence
.
If
any
person
or
persons
being
once
conuicted
of
the
same
offences
,
as
is
aforesaid
,
doe
eftsoones
perpetrate
and
commit
the
like
offence
,
then
euery
such
offendor
being
of
any
the
said
offences
the
second
time
lawfully
and
duly
conuicted
and
attainted
,
as
is
aforesaid
,
shall
suffer
paines
of
death
,
as
a
felon
or
felons
,
and
shall
loose
the
benefite
and
priuiledge
of
Clergie
and
Sanctuarie
:
sauing
to
the
wife
of
such
person
as
shall
offend
in
any
thing
contrarie
to
this
Act
,
her
title
of
Dower
,
and
also
to
the
heire
and
successor
of
euery
such
person
,
his
and
their
title
of
inheritance
,
succession
,
and
other
rights
,
as
though
no
such
attainder
of
the
auncestor
or
predecessor
had
béene
made
.
Prouided
alwayes
,
That
if
the
offendor
in
any
the
cases
aforesaid
shall
happen
to
bee
a
Péere
of
the
Realme
,
then
his
triall
therein
to
bee
had
by
his
Péeres
,
as
it
is
vsed
in
cases
of
Felony
or
Treason
,
and
not
otherwise
.
Hunting
with
Visors
.
30
By
a
Statute
made
Anno
1.
H.
7.
St.
1.
H.
7.
7
it
was
ordained
,
That
at
euery
such
time
as
any
information
shall
be
made
of
any
vnlawfull
hunting
by
night
,
or
with
painted
faces
,
in
Forrest
,
Parke
,
or
Warren
,
to
any
of
the
Kings
Councell
,
or
to
any
Iustice
of
Peace
of
the
Countie
where
such
hunting
shall
be
,
of
any
person
suspected
thereof
:
It
shall
bee
lawfull
to
any
of
the
same
Councell
,
or
Iustice
of
Peace
,
to
whom
such
information
shall
bee
made
,
to
make
a
Warrant
to
the
Shirife
,
or
to
any
Constable
,
Baylife
,
or
other
Officer
of
the
same
County
,
to
arrest
and
take
the
same
person
,
to
haue
him
before
the
maker
of
the
same
Warrant
,
or
any
other
of
the
Kings
councell
,
or
Iustice
of
Peace
of
the
same
Countie
.
And
the
Counsellor
or
Iustice
before
whom
such
person
shall
bee
brought
,
shall
haue
power
to
examine
him
of
the
said
hunting
,
and
of
the
doers
thereof
:
and
if
he
conceale
the
offence
,
or
any
offendor
,
it
is
felony
:
and
if
he
confesse
the
truth
,
and
all
that
he
shall
be
examined
of
and
knoweth
in
that
behalfe
,
then
the
offence
of
hunting
by
him
done
,
shall
be
against
the
King
but
trespas
fineable
,
to
be
assessed
at
the
next
generall
Sessions
by
the
Iustices
there
.
And
if
any
Rescous
Rescous
.
or
disobedience
be
made
to
any
person
hauing
authority
to
doe
execution
or
iustice
by
any
such
warrant
,
by
any
person
which
should
be
arrested
,
so
that
execution
of
the
same
warrant
be
not
had
,
then
the
same
rescous
and
disobedience
shal
be
felony
:
and
the
same
felony
shall
be
enquired
of
,
and
determined
as
other
felonies
béene
.
Twelue
or
aboue
assembled
together
to
change
any
law
.
31
By
a
Statute
made
Anno
1.
Ma.
&
1.
Eliz.
it
was
ordained
,
St.
1.
M.
12
St.
1.
El.
16
That
if
any
persons
,
to
the
number
of
twelue
,
or
aboue
,
being
assembled
together
,
shall
intend
,
goe
about
,
practise
,
or
put
in
vre
,
with
force
of
armes
,
vnlawfully
and
of
their
owne
authority
to
alter
or
change
any
lawes
,
made
or
established
for
Religion
,
by
authoritie
of
Parliament
,
which
stand
in
force
;
or
any
other
Lawes
or
Statutes
of
this
Realme
,
or
any
of
them
:
the
same
number
being
commaunded
or
required
by
the
Shirife
of
the
Shire
,
or
by
any
Iustice
of
Peace
of
the
same
Shire
,
or
by
the
Mayor
,
Shirife
,
Iustices
of
Peace
,
or
Baylifes
of
any
Citie
,
Borough
,
or
Towne
Corporate
,
where
any
such
assemblies
shall
be
vnlawfully
had
or
made
,
by
proclamation
in
the
Quéenes
name
,
to
retire
and
repaire
to
their
owne
houses
and
habitations
,
or
places
from
whence
they
came
:
And
they
or
any
of
them
notwithstanding
such
proclamation
,
shall
remaine
and
make
their
abode
,
or
continue
together
by
the
space
of
one
whole
houre
,
after
such
commaundement
or
request
made
by
proclamation
,
or
after
that
shall
willingly
in
forcible
and
riotous
manner
,
attempt
to
doe
,
or
put
in
vre
any
things
aboue
specified
,
then
as
well
euery
such
abode
or
continuing
together
,
as
euerie
such
act
or
offence
,
that
after
such
commaundement
or
request
by
proclamation
had
or
made
,
shall
bée
attempted
to
bée
done
,
practised
,
or
put
in
vre
by
any
persons
being
of
the
number
aforesaid
,
shall
be
adiudged
Felonie
in
all
and
singular
those
persons
,
that
so
shall
make
their
abode
and
continue
together
,
or
shall
attempt
or
commit
any
such
act
.
And
the
offendors
therein
shall
be
adiudged
Felons
,
and
shall
suffer
onely
execution
of
death
as
in
case
of
Felony
.
If
any
persons
to
the
sayd
number
of
twelue
or
aboue
,
shall
intend
,
Practising
to
destroy
parks
,
ponds
,
conduits
.
goe
about
,
practise
,
or
put
in
vre
,
in
manner
and
forme
aforesayd
,
to
ouerthrow
,
cut
,
breake
,
cast
downe
,
or
digge
vp
the
pales
,
hedges
,
ditches
,
or
other
inclosure
of
any
Parkes
or
Parke
,
or
other
ground
inclosed
,
or
the
bankes
of
any
Fish
Pond
,
or
Poole
,
or
any
Conduits
for
water
,
Conduit
heads
,
or
Conduit
pipes
hauing
course
for
water
,
to
the
intent
that
the
same
,
or
any
of
them
from
henceforth
should
remaine
open
,
not
inclosed
,
or
voyd
:
Or
vnlawfully
to
haue
common
or
way
in
the
sayd
Parkes
or
Parke
,
or
other
grounds
or
ground
inclosed
,
or
in
any
of
them
,
or
to
destroy
in
manner
and
forme
aforesayd
,
the
Déere
in
any
Parkes
or
Parke
,
or
any
Warreins
or
Warrein
of
Conies
,
or
any
Doue-houses
,
or
any
Fish
in
any
Fish
ponds
,
or
Poole
,
or
to
pull
,
or
cut
downe
any
Houses
,
Barnes
,
Mills
,
or
Bayes
,
or
to
burne
any
stackes
of
corne
or
graine
,
or
to
abate
or
diminish
the
Rents
,
or
yearely
value
of
any
Mannors
,
Lands
,
or
Tenements
,
or
the
price
of
any
victuals
,
corne
,
or
graine
,
or
any
other
thing
vsuall
for
the
sustenance
of
men
,
and
béeing
required
and
commaunded
by
any
Iustice
of
Peace
,
or
by
the
Sherife
of
the
Countie
,
or
by
the
Maior
,
Bailife
or
Bailifs
,
or
other
head
Officers
of
any
Citie
,
or
Towne
Corporat
,
where
such
assembly
shall
bee
had
,
by
Proclamation
to
bée
made
in
the
Quéenes
name
,
to
retire
or
returne
in
peaceable
manner
to
their
places
and
houses
from
whence
they
came
,
and
they
or
any
of
them
(
notwithstanding
such
Proclamation
)
shall
remaine
,
or
make
their
abode
,
or
continue
together
by
the
space
of
one
whole
houre
,
after
such
commaundement
or
request
made
by
Proclamation
:
or
after
shall
in
that
forcible
manner
doe
,
or
put
in
vre
any
of
these
things
last
before
mentioned
,
then
as
well
euerie
such
abode
,
or
continuing
together
,
as
euerie
such
act
,
that
after
such
commaundement
or
request
by
Proclamation
had
or
made
,
shall
bée
done
,
practised
,
or
put
in
vre
,
by
any
persons
,
béeing
aboue
the
number
of
twelue
,
shall
bee
adiudged
Felonie
,
and
the
offendors
therein
shall
be
adiudged
Felons
,
and
shall
suffer
onely
execution
of
death
,
as
in
case
of
Felonie
.
If
any
person
or
persons
,
vnlawfully
,
and
without
authoritie
,
Raising
of
vnlawful
assemblies
by
some
act
or
words
.
by
ringing
of
any
Bell
or
Bells
,
sounding
of
any
Trumpet
,
Drumme
,
Horne
,
or
other
instrument
whatsoeuer
,
or
by
firing
of
any
Beacon
,
or
by
malitious
speaking
or
vttering
of
any
words
,
or
making
of
any
outcrye
,
or
by
setting
vp
,
or
casting
of
any
bills
or
bill
,
or
writing
whatsoeuer
,
or
by
any
other
déed
or
act
,
shall
raise
,
or
cause
to
bée
raysed
,
or
assembled
,
any
persons
to
the
number
of
twelue
,
or
aboue
,
to
the
intent
that
the
same
persons
should
doe
or
put
in
vre
any
of
the
acts
or
things
abouesaid
,
and
that
the
persons
to
the
number
of
twelue
,
or
aboue
,
so
raysed
and
assembled
,
after
request
or
commaundement
had
or
giuen
,
in
forme
aforesayd
,
shall
make
their
abode
,
or
continue
together
,
as
is
aforesayd
,
or
vnlawfully
,
and
in
forcible
manner
perpetrate
,
doe
,
commit
,
or
put
in
vre
any
of
the
acts
or
things
abouesayd
,
then
all
and
singular
persons
,
by
whose
speaking
,
déed
,
act
,
or
any
other
the
meanes
aboue
specified
,
any
persons
to
the
number
of
twelue
shall
bée
raysed
or
assembled
,
for
the
doing
,
committing
,
or
putting
in
vre
any
of
the
acts
or
things
aboue
mentioned
,
shall
bée
adiudged
for
his
so
speaking
or
doing
,
a
Felon
,
and
shall
suffer
execution
of
death
as
in
case
of
Felonie
.
Reléeuing
them
which
be
assembled
.
If
any
wife
,
or
seruant
of
any
of
the
same
persons
,
or
any
other
person
whatsoeuer
,
shall
willingly
and
without
compulsion
,
bring
,
send
,
deliuer
,
or
conuey
,
any
Money
,
Harneyes
,
Artillerie
,
Weapons
,
Meat
,
Bread
,
Drinke
,
or
other
Victuall
to
any
person
or
persons
so
being
assembled
,
as
is
aforesayd
,
during
such
time
as
hée
or
they
shall
bee
so
assembled
together
in
forcible
manner
,
as
is
aforesaid
,
then
euerie
wise
,
seruant
,
or
other
person
so
bringing
or
conueying
&c.
any
of
the
foresayd
things
,
to
the
same
persons
so
béeing
assembled
together
in
forcible
manner
,
or
to
any
of
them
,
and
not
departing
to
their
houses
or
dwelling
places
,
vpon
request
or
commaundement
made
vnto
them
,
as
is
aforesaid
,
shal
be
adiudged
a
felon
,
and
shall
suffer
execution
of
death
as
in
case
of
felonie
.
Vnlawful
assembly
by
xl
.
and
more
.
If
any
persons
to
the
number
of
fortie
,
or
more
,
shall
assemble
together
in
forcible
manner
vnlawfully
,
and
of
their
owne
authoritie
,
to
the
intent
to
execute
,
doe
,
or
put
in
vre
any
of
the
things
aboue
specified
,
or
to
do
other
felonious
or
rebellious
act
or
acts
,
and
so
shall
continue
together
by
the
space
of
thrée
houres
,
after
Proclamation
shall
bée
made
,
at
,
or
nigh
the
place
where
they
shall
bée
so
assembled
,
or
in
some
Market
Towne
,
thereunto
next
adioyning
,
and
after
notice
thereof
to
them
giuen
,
then
euerie
person
so
willingly
assembled
in
forcible
maner
,
and
so
continuing
together
by
the
space
of
thrée
houres
after
such
Proclamation
made
,
and
notice
thereof
giuen
,
shal
be
adiudged
a
felon
.
S.
Riots
&c.
32.
&c.
32
By
the
Statute
made
Anno
39.
Eliz.
it
was
enacted
,
St.
39.
El.
17
That
all
idle
and
wandring
Souldiers
,
or
Mariners
,
Wandring
souldiers
and
mariners
.
or
idle
persons
,
which
now
are
,
or
hereafter
shall
bée
wandring
as
Souldiers
or
Mariners
shall
settle
themselues
in
some
seruice
,
labour
,
or
other
lawfull
course
of
life
,
without
wandring
,
or
otherwise
repaire
to
the
places
where
they
were
borne
,
or
to
their
dwelling
places
,
if
they
haue
any
,
and
there
remaine
,
betaking
themselues
to
some
lawfull
trade
or
course
of
life
,
vpon
payne
that
all
persons
offending
contrarie
to
this
Act
,
to
bée
reputed
as
Felons
,
and
to
suffer
as
in
case
of
Felonie
,
without
any
benefit
of
Cleargie
to
bee
allowed
.
And
euerie
idle
and
wandring
Souldier
or
Mariner
,
which
comming
from
his
Captaine
from
the
Seas
,
or
from
beyond
the
Seas
,
shall
not
haue
a
Testimoniall
vnder
the
hand
of
some
one
Iustice
of
Peace
,
of
,
or
néere
the
place
where
hee
landed
,
setting
downe
therein
the
place
and
time
where
and
when
hée
landed
,
and
the
place
of
his
dwelling
,
or
birth
,
vnto
which
he
is
to
passe
,
as
aforesaid
,
and
a
conuenient
time
therein
limited
for
his
passage
:
or
hauing
such
testimoniall
,
shall
wilfully
excéed
the
time
therein
limited
aboue
fouretéene
dayes
:
And
also
as
well
euerie
such
idle
and
wandring
Souldier
or
Mariner
,
as
euerie
other
idle
person
wandring
as
a
Souldier
or
Mariner
,
which
shall
at
any
time
hereafter
forge
or
counterfeit
any
such
Testimoniall
,
Forging
a
Testimoniall
.
or
haue
with
him
or
them
any
such
Testimoniall
forged
or
counterfeited
,
as
aforesayd
,
knowing
the
same
to
bée
counterfeited
or
forged
,
in
all
these
cases
euerie
such
act
or
acts
to
bée
Felonie
,
and
the
offendors
to
suffer
,
as
aforesayd
,
without
any
benefit
of
Clergie
.
It
shall
and
may
bée
lawfull
for
the
Iustices
of
Assises
,
Iustices
of
Gaole
deliuerie
,
and
Iustices
of
Peace
of
euerie
Countie
,
and
for
all
Iustices
of
Peace
in
Townes
Corporat
,
hauing
authoritie
to
heare
and
determine
Felonies
,
to
heare
and
determine
all
such
offences
in
their
generall
Sessions
,
and
to
execute
the
offendors
,
which
shall
bée
conuicted
before
them
,
as
in
cases
of
Felonie
is
accustomed
:
Except
some
honest
person
,
Retaining
an
offendor
into
seruice
.
valued
at
the
last
Subsidie
next
before
that
time
,
to
tenne
pounds
in
goods
,
or
fortie
shillings
in
lands
,
or
else
some
honest
Freeholder
,
as
by
the
sayd
Iustices
shall
bee
allowed
,
will
bee
contented
before
such
Iustices
as
such
person
shall
bee
arraigned
of
Felonie
,
to
take
him
or
them
into
his
seruice
,
for
one
whole
yeare
then
next
following
,
and
before
the
sayd
Iustices
will
bee
bound
in
Recognisaunce
of
tenne
pounds
,
to
bee
leuied
of
his
lands
,
goods
,
tenements
,
and
cattels
,
to
the
vse
of
the
King
,
if
hée
kéepe
not
the
sayd
person
or
persons
for
one
whole
yeare
,
and
bring
him
to
the
next
Sessions
for
the
Peace
,
and
Gaole
deliuerie
next
ensuing
after
the
sayd
yeare
.
And
if
any
such
person
retained
depart
within
the
yeare
,
Departing
without
licence
without
the
licence
of
him
that
so
retained
him
,
then
to
be
indicted
,
tried
,
and
iudged
as
a
felon
,
and
not
to
haue
the
benefit
of
his
Clergie
.
33
By
a
Statute
made
Anno
31.
Elizab.
St.
31.
El.
4.
it
was
established
,
Imbeciling
the
K.
Armor
,
&c.
That
if
any
person
or
persons
,
hauing
at
any
time
hereafter
the
charge
or
custodie
of
any
Armour
,
Ordnance
,
Munition
,
Shot
,
Powder
,
or
Habiliments
of
Warre
of
the
Quéenes
,
her
heires
or
successors
,
or
of
a
Victuals
prouided
for
the
victualing
of
any
Souldiers
,
Gunners
,
Mariners
,
or
Pioners
,
shall
for
any
lucre
or
gaine
,
or
wittingly
,
aduisedly
,
and
of
purpose
to
hinder
or
impeach
her
Maiesties
seruice
,
imbecile
,
purloyne
,
or
conuey
away
any
the
same
Armour
,
Ordnance
,
Munition
,
Shot
,
or
Powder
,
Habiliments
of
Warre
,
or
Victuals
,
to
the
value
of
twentie
shillings
,
at
one
or
seuerall
times
,
then
euerie
such
offence
shall
bée
adiudged
Felonie
,
and
the
offendor
and
offendors
therein
to
be
tried
,
procéeded
on
,
and
suffer
as
in
case
of
Felonie
.
The
suit
within
a
yere
after
the
offence
,
But
none
shall
bée
impeached
for
any
offence
against
this
Statute
,
vnlesse
the
same
impeachment
bée
prosecuted
,
or
begun
within
a
yeare
next
after
the
offence
done
.
And
this
Act
,
nor
any
attainder
or
attainders
of
any
person
or
persons
,
for
any
offence
made
felonie
by
this
Act
,
shall
in
any
wise
extend
,
or
bée
interpreted
to
make
the
offendor
or
offendors
to
forfeit
any
lands
,
tenements
,
or
hereditaments
,
any
longer
than
during
his
or
their
life
or
liues
,
or
to
make
any
corruption
of
blood
to
any
the
heire
or
heires
of
any
such
offendor
or
offendors
,
No
corruption
of
blood
,
or
forf.
of
dower
.
or
to
make
the
wife
of
any
such
offendor
to
loose
or
forfeit
her
dower
,
or
title
of
dower
,
of
,
or
in
any
lands
,
tenements
,
or
hereditaments
,
or
her
action
or
interest
to
the
same
:
Proofe
in
discharge
of
the
offendor
.
any
thing
in
this
Act
&c.
notwithstanding
.
And
such
person
or
persons
as
shall
be
impeached
for
any
offence
made
felonie
by
this
Statute
,
shall
by
vertue
of
this
Act
bee
receiued
and
admitted
to
make
any
lawfull
proofe
that
hée
can
,
by
lawfull
witnesse
,
or
otherwise
,
for
his
discharge
and
defence
in
that
behalfe
:
any
law
,
&c.
notwithstanding
.
Cutting
downe
of
Powdike
.
34
By
a
Statute
made
Anno
22.
H.
8.
and
reuiued
Anno
2.
&
3.
St.
22.
H.
8.
Ph.
&
Mar.
it
was
ordained
,
That
euerie
peruerse
and
malitious
cutting
downe
,
and
breaking
vp
of
any
part
or
parts
of
the
dike
called
new
Powdike
in
Marshland
in
the
Countie
of
Norffolke
,
and
the
broken
dike
,
otherwise
called
Oldfield
dike
by
Marshland
,
in
the
isle
of
Ely
,
in
the
Countie
of
Cambridge
,
or
of
any
other
banke
béeing
parcell
of
the
Rinde
,
and
vttermost
part
of
the
causey
of
Marshland
aforesaid
,
made
for
the
defence
and
saluation
of
the
sayd
countrey
of
Marshland
,
at
euerie
time
and
times
from
henceforth
committed
and
done
(
otherwise
than
in
working
of
the
sayd
bankes
or
dykes
,
for
the
fortifying
,
repayring
,
and
amending
of
the
same
)
shall
bee
taken
,
reputed
,
and
adiudged
Felonie
:
And
the
offendors
and
doers
of
the
same
,
and
euerie
of
them
,
shall
bée
adiudged
and
reputed
felons
.
And
the
Iustices
of
Peace
of
the
sayd
Counties
of
Norffolke
and
Cambridge
,
within
the
sayd
isle
,
at
euerie
of
their
Sessions
within
the
same
isle
and
Counties
to
be
kept
,
shall
haue
power
to
cause
inquirie
to
bée
made
of
euerie
such
offence
,
so
at
any
time
in
forme
aforesayd
hereafter
to
bée
done
and
committed
,
and
to
award
like
Proces
against
euerie
of
the
sayd
offendors
,
with
like
iudgement
and
execution
of
the
same
(
if
they
or
any
of
them
bée
found
guiltie
by
verdict
,
or
otherwise
)
as
the
sayd
Iustices
haue
vsed
to
do
vpon
other
felonies
,
being
felonie
by
the
common
law
.
Taking
the
othe
for
the
Kings
title
.
35
By
a
Statute
made
Anno
3.
Iac.
4.
it
was
enacted
,
St.
3.
Iac.
4.
That
euerie
subiect
of
this
Realme
,
that
after
the
tenth
day
of
Iune
next
comming
,
shall
goe
or
passe
out
of
this
Realme
to
serue
any
forreine
Prince
,
State
,
or
Potentate
,
or
shall
after
the
sayd
tenth
day
of
Iune
passe
ouer
the
Seas
,
and
there
shall
voluntarily
serue
any
such
forreine
Prince
,
State
,
or
Potentate
,
not
hauing
before
his
or
their
going
or
passing
,
taken
the
othe
(
viz.
That
our
Soueraigne
Lord
King
Iames
is
lawfull
and
rightfull
King
of
this
Realme
&c.
)
before
the
officer
thereunto
appointed
,
shall
be
a
felon
.
And
if
any
Gentleman
,
or
person
of
high
degrée
,
or
any
person
or
persons
which
hath
borne
,
or
shall
beare
any
office
or
place
of
Captaine
,
Lieutenant
,
or
any
other
place
,
charge
,
or
office
in
Campe
,
Armie
,
or
Companie
of
Souldiers
,
or
Conductor
of
Souldiers
,
shall
after
go
or
passe
voluntarily
out
of
this
Realme
,
to
serue
any
such
forrein
Prince
,
State
,
or
Potentat
,
before
that
he
and
they
shal
become
bound
with
two
such
suerties
as
shall
be
allowed
of
by
the
officers
,
by
this
Act
limited
to
take
the
said
bond
,
vnto
the
K.
his
heires
or
successors
,
in
the
summe
of
xx.l.
of
currant
English
money
at
the
least
,
Bound
not
to
be
reconciled
,
nor
to
make
conspiracie
.
with
condition
to
the
effect
following
,
he
shall
be
a
felon
,
viz.
That
if
the
within
bounden
&c.
shal
not
at
any
time
them
after
be
reconciled
to
the
pope
or
sea
of
Rome
,
nor
shal
enter
into
or
consent
vnto
any
practise
,
plot
,
or
conspiracie
whatsoeuer
,
against
the
Kings
Maiestie
,
his
heires
and
successors
,
or
any
of
his
or
their
estate
and
estates
,
realms
and
dominions
,
but
shall
within
conuenient
time
after
knowledge
therof
had
,
reueale
&
disclose
to
the
K.
Maiestie
,
his
heires
and
successors
,
or
some
of
the
Lords
of
his
or
their
priuie
Counsell
,
all
such
practises
,
plots
,
and
conspiracies
,
then
the
said
Obligation
to
be
void
.
St.
43.
El.
13
36
By
the
stat.
made
Anno
43.
El.
it
was
ordained
,
Forcible
carrying
any
person
out
of
Cumberland
,
&c.
That
whosoeuer
shall
at
any
time
hereafter
,
without
lawfull
authoritie
,
take
away
any
of
the
K.
subiects
,
against
his
or
their
will
,
or
wils
,
and
carrie
them
out
of
the
counties
of
Cumberland
,
Northumberland
,
Westmerland
,
and
the
Bishopricke
of
Durham
,
or
to
any
other
place
within
any
of
the
said
Counties
,
or
detaine
,
force
,
or
imprison
him
,
or
them
,
as
prisoners
,
or
against
his
or
their
wills
,
to
ransome
them
,
or
to
make
a
prey
or
spoyle
of
his
or
their
person
or
goods
,
vpon
deadly
fewd
,
or
otherwise
:
Or
whosoeuer
shal
be
priuie
,
consenting
,
aiding
,
or
assisting
to
any
such
taking
,
detaining
,
or
carrying
away
of
any
such
person
or
persons
,
as
aforesaid
:
Or
whosoeuer
shall
take
,
receiue
,
or
carrie
,
to
the
vse
of
himselfe
,
or
wittingly
to
the
vse
of
any
other
,
any
money
,
corne
,
cattell
,
or
other
consideration
,
commonly
called
Blacke
mayle
,
for
the
protecting
or
defending
of
him
or
them
,
or
his
or
their
lands
,
tenements
,
goods
,
or
chattels
,
from
such
thefts
,
spoyles
,
and
robberies
,
as
is
aforesaid
:
Or
whosoeuer
shall
giue
any
such
money
,
corne
,
cattel
,
or
other
consideration
,
called
Blacke
mayle
,
for
such
protection
as
is
aforesaid
:
Or
shall
wilfully
and
of
malice
burne
or
cause
to
be
burned
,
or
aid
,
procure
,
or
consent
to
the
burning
of
any
barne
or
stacke
of
corne
or
grain
,
within
any
of
the
said
Counties
,
or
places
aforesaid
,
&
shal
be
of
the
said
seueral
offences
,
or
any
of
them
,
indicted
,
&
lawfully
conuicted
,
or
shall
stand
mute
,
or
shall
challenge
peremptorily
aboue
the
number
of
xx
.
before
the
Iust.
of
Assises
,
I.
of
Gaole
deliuerie
,
I.
of
Dier
and
Terminer
,
or
I.
of
peace
within
any
of
the
said
counties
,
at
some
of
their
generall
Sessions
,
within
some
of
the
said
counties
to
be
holden
,
shal
be
adiudged
,
reputed
,
and
taken
to
be
as
felons
,
and
shall
suffer
death
,
without
any
benefit
of
Clergie
,
Sanctuarie
,
or
Abiuration
,
and
shall
forfeit
as
in
case
of
felonie
.
St.
1.
Ed.
2.
37
By
the
stat.
of
An.
1.
E.
2.
it
was
ordained
in
this
maner
,
viz.
Touching
prisoners
breaking
of
prison
,
Breaking
of
prison
.
the
K.
doth
will
and
command
,
that
none
which
from
henceforth
doth
breake
prison
,
shall
haue
iudgement
of
life
and
member
for
the
breaking
of
prison
onely
,
except
the
cause
for
which
hee
was
taken
and
imprisoned
,
do
require
such
iudgement
,
if
he
should
haue
been
conuicted
thereof
,
according
to
the
law
and
custom
of
the
Realm
,
though
in
times
past
it
hath
beene
otherwise
vsed
.
❧
Principall
and
Accessorie
.
1
HAuing
treated
sufficiently
of
Treasons
,
Homicides
,
and
other
Felonies
,
and
shewed
how
many
of
euerie
of
them
there
be
,
I
am
now
to
write
of
those
that
be
culpable
therein
,
and
to
declare
which
be
the
chiefe
and
most
grieuous
offendors
in
those
crimes
,
whom
the
law
doth
terme
&
adiudge
Principals
,
and
which
be
but
Abettors
,
Procurers
,
and
Receiuers
,
whom
the
law
doth
brand
&
mark
with
the
name
of
Accessories
:
and
which
of
those
be
Accessories
before
the
offence
committed
,
and
which
after
:
in
what
cases
one
of
them
shal
be
arrested
,
imprisoned
,
appealed
,
indicted
,
arraigned
,
or
attainted
,
before
the
other
,
and
in
what
not
:
when
the
acquital
of
the
one
shall
discharge
the
other
,
and
when
not
:
and
where
the
punishment
of
the
one
shal
be
greater
than
of
the
other
,
and
where
not
.
And
in
this
title
,
to
begin
with
the
greatest
&
highest
offence
,
The
law
doth
hold
it
a
rule
infallible
,
3.
H.
7.
10.
that
in
High
Treason
there
is
no
Accessorie
,
No
accessorie
in
high
treason
.
for
all
the
aduisers
,
counsellors
,
persuaders
,
and
assistants
therein
,
be
Principals
,
as
much
as
if
they
were
actors
or
doers
:
so
that
whatsoeuer
offence
doth
make
a
man
Accessorie
in
Felonie
,
the
like
maketh
him
Principall
in
High
Treason
.
But
in
Petit
Treason
there
is
oftentimes
a
Principall
and
an
Accessorie
,
as
there
is
in
Homicide
,
Robberie
,
and
other
Felonies
.
Accessorie
before
the
offence
committed
.
2
There
be
two
sorts
of
Accessories
in
Felonie
,
whereof
the
one
is
Accessorie
before
the
felonie
committed
,
and
the
other
is
Accessorie
after
the
offence
done
:
As
if
one
hire
,
procure
,
or
commaund
another
to
commit
a
Felonie
,
10.
Ed.
4.
14.
but
is
not
present
when
the
other
doth
it
,
this
procurer
or
commaunder
is
Accessorie
before
the
offence
committed
:
But
otherwi●e
it
is
,
if
hee
bee
present
at
the
time
of
the
felonie
committed
,
for
in
that
case
he
is
Principal
.
4.
H.
7.
18.
7.
H.
4.
27.
And
in
some
case
one
may
be
appealed
as
Principall
and
Accessorie
in
one
Appeale
.
Procurement
of
felonie
.
3
If
one
bée
present
at
the
death
of
a
man
,
4.
H.
7.
18.
13.
H
7.
10.
Plo.
Com.
100.
and
moueth
another
to
strike
and
kill
him
,
by
this
meanes
hée
is
principall
,
though
hée
did
strike
no
stroke
,
as
well
as
hée
that
killed
him
:
For
the
blowes
of
h●m
that
did
strike
him
,
bée
in
construction
of
law
the
blowes
of
him
which
commaunded
him
,
when
hée
was
present
,
for
if
the
commaunder
had
sayd
nothing
,
the
man
slaine
had
not
béene
killed
.
21.
Ed.
4
71.
4
If
one
be
present
at
the
killing
of
a
man
,
Comming
purposely
to
a
manslaughter
.
and
commeth
thither
for
that
cause
,
although
he
at
that
time
doth
not
moue
another
to
strike
or
kill
him
,
neither
doth
any
thing
,
yet
hée
shall
bee
adiudged
principall
:
For
when
diue●s
doe
come
to
doe
an
euill
act
,
Bro.
Cor.
171.
Kel
.
fol.
161
Pl.
Com.
98
and
one
alone
doth
it
,
and
the
others
bée
present
abetting
him
,
or
readie
to
aid
him
in
the
fact
,
they
bée
principals
to
all
intents
,
as
fully
as
hée
who
did
the
act
:
for
the
presence
of
the
other
is
a
terrour
to
him
that
was
assaulted
,
and
the
occasion
that
hée
durst
not
defend
himselfe
;
for
when
one
doth
see
his
enemie
and
diuers
of
his
companions
comming
to
assault
him
,
13.
H.
7.
10.
and
they
all
doe
draw
their
swords
,
and
doe
enuiron
him
,
and
one
onely
doth
strike
him
,
so
that
hée
dyeth
thereof
,
the
others
shall
be
adiudged
as
great
offendors
as
hee
who
did
strike
him
;
for
if
the
others
had
not
béene
present
,
peraduenture
hée
would
haue
desended
himselfe
,
and
haue
escaped
:
for
the
number
of
the
others
that
were
present
,
and
also
readie
to
strike
him
,
was
a
great
feare
vnto
him
,
and
an
abatement
of
his
courage
,
and
a
cause
to
make
him
dispaire
of
his
defence
,
and
so
the
occasion
of
his
death
.
And
though
but
one
man
gaue
the
blow
,
which
was
the
cause
of
his
death
,
yet
the
law
will
adiudge
it
the
stroke
of
them
all
,
giuen
by
the
hands
of
that
one
man
,
and
to
bée
in
each
degrée
as
penall
to
th●m
all
,
as
if
they
all
had
holden
their
hands
at
one
time
vpon
that
sword
,
or
staffe
,
and
giuen
him
his
deadly
wound
.
Fitz.
Cor.
309.
5
If
one
béeing
present
at
the
killing
of
a
man
doth
nothing
,
A
will
to
assist
a
felon
.
but
would
haue
aided
his
companion
,
if
the
partie
that
was
slaine
had
made
any
resistance
,
Fitz.
Cor.
314.
350.
433.
11.
H.
4.
13.
hée
shall
thereby
bee
adiudged
principall
:
For
all
those
which
come
in
companie
in
any
place
where
any
assembly
is
gathered
,
that
an
euill
fact
is
committed
,
bée
it
Homicide
,
Robbe●●e
,
or
other
Trespasse
,
euery
of
them
shall
bée
adiudged
a
principall
actor
,
though
they
stand
by
,
and
doe
not
hurt
:
As
if
one
come
with
others
to
doe
a
diss●●●●●
,
and
a
man
is
killed
by
another
,
and
hee
therein
did
nothing
,
Fitz.
Cor.
314.
350.
notwithstanding
hee
shall
bee
adiudged
principall
,
though
hée
came
not
to
any
such
purpose
,
because
hée
came
to
doe
an
vnlawfull
act
.
6
If
one
chaunce
to
bée
present
when
another
is
slayne
,
In
company
,
but
not
consenting
to
a
felony
or
when
any
other
felonie
is
committed
,
and
doth
not
come
in
companie
with
the
felons
,
neither
is
of
their
confederacie
,
although
hée
doth
not
make
any
resistance
,
or
disturbe
the
felon
,
or
leuie
Huy
and
Crye
,
yet
he
is
neither
principall
nor
accessorie
:
Fitz.
Cor.
395.
14.
H.
7.
31.
for
it
is
no
felonie
in
him
,
but
finable
as
a
Trespasse
.
And
some
do
hold
,
that
he
shal
be
but
amerced
in
that
case
;
and
if
he
be
within
age
,
hee
shall
haue
no
punishment
.
25.
Ed.
4.
44
13.
H.
7.
10.
7
If
one
man
doe
hold
another
in
his
armes
,
or
doe
bind
him
,
Holding
a
man
vntill
he
be
slaine
.
vntill
a
thirdman
hath
killed
him
,
hée
that
did
hold
the
partie
slaine
in
his
armes
is
principall
:
But
that
holding
in
his
armes
must
bee
proued
to
bee
done
of
a
wicked
and
felonious
intent
;
Bracton
.
for
sometimes
a
man
holdeth
his
friend
in
his
armes
of
a
louing
mind
,
to
kéepe
him
from
taking
or
doing
of
hurt
,
and
vpon
no
malicious
or
euill
intent
.
One
thing
commanded
,
&
another
effected
.
8
If
one
commaund
another
to
lay
hold
vpon
a
third
man
,
and
the
party
commaunded
goeth
and
robbeth
him
,
if
the
commaunder
be
absent
when
this
Robberie
is
done
,
this
is
not
Felony
in
him
:
for
the
party
to
whom
the
commaundement
was
giuen
,
excéedeth
his
commaundement
;
and
also
the
commaundement
might
haue
béene
performed
without
the
Robberie
.
But
otherwise
it
is
,
if
the
commaundement
were
to
beat
him
,
Fitz.
Cor.
314.
and
the
party
commaunded
did
kill
him
in
the
commaunders
absence
,
in
this
case
he
is
accessory
to
the
felony
,
for
it
is
hard
to
beat
a
man
so
,
that
he
shall
be
sure
that
he
shall
not
die
of
that
beating
.
Councelling
to
rob
one
,
and
another
is
killed
.
9
If
A.
doe
commaund
B.
to
robbe
C.
and
hee
attempteth
to
robbe
him
,
and
D.
doth
defend
C.
and
fighteth
with
B.
that
assayleth
him
,
Plo.
Com.
475.
and
B.
doth
kill
D.
in
this
case
A.
shall
bee
accessorie
to
this
murther
,
for
that
B.
attempting
to
robbe
C.
doth
pursue
the
commaundement
of
A.
and
so
being
in
the
pursuit
of
that
commaundement
,
and
resisted
,
another
thing
doth
chaunce
,
viz.
the
death
of
D.
therefore
A.
shall
bee
partaker
of
that
fact
,
and
of
the
punis●ment
thereof
,
for
that
his
commaundement
was
the
cause
thereof
.
Commanding
to
beat
one
,
and
hée
is
killed
.
And
the
same
Law
is
,
Fitz.
Cor.
314.
350.
Pl.
Com.
474.
if
A.
doe
commaund
to
beat
C.
and
he
doth
beat
him
so
,
that
hee
dyeth
thereof
,
A.
shall
bee
accessorie
to
this
murther
:
For
his
commaundement
was
the
foundation
of
this
murther
,
and
the
murther
is
the
sequele
of
the
commaundement
,
and
if
A.
be
present
at
this
beating
,
Commaundement
of
burning
one
house
and
another
is
burned
.
then
he
shall
be
adiudged
principall
.
And
so
it
is
,
if
A.
doe
commaund
B.
feloniously
to
burne
the
house
of
C.
in
the
night
,
and
he
doth
it
,
and
the
same
fire
doth
also
burne
the
house
of
D.
neighbour
to
C.
in
this
case
A.
shall
be
accessorie
as
well
to
the
burning
of
the
house
of
D.
as
of
C.
for
séeing
the
burning
of
the
house
of
D.
doth
ensue
vpon
the
burning
of
the
house
of
C.
and
the
first
house
was
burned
by
the
commaundement
of
A.
whereunto
A.
was
accessorie
,
he
must
also
be
accessorie
to
the
burning
of
the
second
house
,
viz.
of
the
house
of
D.
for
he
that
commaundeth
an
euill
and
vnlawfull
act
to
be
done
,
shall
be
adiudged
accessorie
to
all
that
shall
ensue
vpon
the
same
euill
act
,
but
not
to
any
other
distinct
thing
.
Counsell
of
one
act
,
and
another
is
done
But
it
is
otherwise
,
Pl.
Com.
475.
where
A.
doth
commaund
B.
to
burne
the
house
of
C.
whom
hee
knoweth
,
and
hee
doth
burne
the
house
of
D.
or
doth
commaund
him
to
steale
a
Horse
,
and
he
stealeth
an
Oxe
:
or
doth
commaund
him
to
steale
a
white
Horse
,
and
hée
stealeth
a
blacke
Horse
:
or
doth
commaund
him
to
robbe
another
by
the
high
way
of
his
money
,
and
he
doth
rob
him
in
his
house
of
his
plate
;
this
doth
differ
from
the
commaundement
of
A.
and
therefore
these
acts
cannot
bée
drawne
within
the
compasse
of
his
commaundements
,
and
so
hée
shall
bée
adiudged
no
Accessorie
to
any
of
the
foresaid
offences
;
for
these
bee
other
acts
and
other
felonies
,
and
not
any
of
those
which
A.
did
commaund
or
counsell
to
bée
done
.
The
felonie
commanded
,
committed
in
another
maner
.
And
yet
if
B.
shall
commit
the
same
felonie
which
A.
doth
commaund
or
counsell
to
bée
done
,
though
he
doth
it
at
another
day
,
at
another
time
,
with
another
instrument
,
or
in
another
sort
than
A.
doth
commaund
or
counsell
him
to
doe
it
,
A.
shall
bee
accessorie
thereunto
:
As
,
if
A.
doe
counsell
B.
to
kill
C.
by
poysoning
of
him
,
and
hee
doth
kill
him
with
his
dagger
:
or
doth
counsell
him
to
kill
C.
by
the
high
way
,
and
he
killeth
him
in
his
house
:
or
doth
counsell
him
to
kill
him
vpon
one
day
,
and
he
killeth
him
vpon
another
day
;
in
all
these
cases
and
the
like
A.
shall
bée
accessorie
to
the
murder
:
for
the
murder
is
the
substance
and
principall
matter
that
doth
ensue
vpon
the
commandement
or
counsell
of
A.
which
the
law
doth
wholly
respect
,
and
not
the
circumstances
,
being
onely
the
maner
and
forme
of
the
facts
.
Pl.
Com.
476.
10
If
A.
do
commaund
or
counsel
B.
to
kill
C.
and
before
he
hath
killed
him
A.
doth
repent
him
,
and
commeth
vnto
B.
and
telleth
him
,
The
felonie
commaunded
countermaunded
,
that
hee
is
sorie
for
his
wicked
counsell
,
and
persuadeth
and
chargeth
B.
that
he
shall
not
kill
C.
and
yet
after
that
B.
doth
kill
C.
in
this
case
A.
shall
not
be
adiudged
accessorie
to
the
death
of
C.
but
it
is
the
onely
murder
and
act
of
B.
because
A.
did
countermaund
his
first
counsell
:
And
the
law
doth
adiudge
no
man
accessorie
to
a
Felonie
before
the
Felonie
committed
,
but
him
onely
whose
mind
and
meaning
is
,
that
the
Felonie
should
bée
committed
at
that
time
that
it
is
done
.
Pl.
Com.
475.
11
If
A.
doe
procure
and
counsell
B.
to
poyson
C.
and
to
that
end
doth
buy
some
venim
or
poyson
,
and
deliuereth
it
to
B.
who
tempereth
it
in
an
apple
,
Counselling
to
poison
one
,
and
another
is
poisoned
.
or
other
thing
,
and
deliuereth
it
to
C.
with
intent
to
poison
him
,
and
C.
not
knowing
the
poyson
in
the
apple
,
nor
the
intention
of
the
said
B.
doth
giue
the
sayd
apple
to
E.
to
eat
,
who
eateth
it
,
and
is
poysoned
therby
,
and
dyeth
of
the
same
poyson
within
few
dayes
after
:
In
this
case
notwithstanding
this
bée
wilful
murder
in
B.
that
deliuered
the
poysoned
apple
to
C.
(
though
it
poysoned
not
him
who
hée
meant
to
haue
poysoned
,
but
E.
a
straunger
,
to
whom
hee
pretended
no
hurt
)
yet
A.
who
procured
and
counselled
B.
to
giue
this
poyson
to
C.
is
not
accessorie
to
the
murder
of
E.
for
that
he
neuer
persuaded
,
nor
gaue
his
counsell
,
that
E.
should
be
poisoned
,
which
assent
of
his
the
law
will
neuer
straine
further
than
he
gaue
it
.
12
As
commaundement
and
ayde
is
in
Murder
,
and
Homicide
,
Commanding
or
aiding
to
Rape
or
Robberie
.
so
is
it
in
euerie
other
Felonie
,
as
Rape
,
Robberie
,
&c.
for
in
Rape
,
if
one
do
not
commit
the
act
,
Fitz.
Cor.
314.
350.
but
aideth
and
assisteth
his
companion
,
hee
is
principall
as
well
as
hee
that
committeth
the
fact
.
And
the
same
law
is
,
if
one
doe
commit
a
Robberie
,
and
others
be
in
his
companie
,
and
do
come
with
him
for
that
purpose
,
they
bée
all
principals
.
13
Accessorie
after
the
offence
is
he
,
Accessorie
after
the
offence
committed
.
who
knowing
that
another
hath
committed
a
felonie
,
doth
receiue
him
,
ayd
him
,
or
comfort
him
:
As
if
one
do
receiue
a
felon
(
before
he
is
attainted
of
felonie
)
knowing
of
the
felonie
which
he
hath
committed
,
26.
Ass.
p.
47
or
doth
fauour
him
,
or
ayd
him
with
money
,
meat
,
drinke
,
or
lodging
,
by
that
meanes
he
shal
be
adiudged
accessorie
.
What
act
of
the
accessorie
maketh
him
a
felon
,
what
not
.
But
this
difference
is
to
be
taken
of
aid
,
or
counsell
:
for
if
he
aid
him
by
his
good
word
,
or
suit
for
his
deliuerance
,
or
do
send
a
letter
for
his
enlargement
,
this
doth
not
make
him
acessorie
to
the
felonie
.
Receit
of
a
felon
attainted
in
the
same
Countie
.
14
If
one
receiue
a
felon
that
is
attainted
of
Felonie
by
verdict
or
confession
in
the
same
Countie
where
the
receiuer
is
commorant
or
dwelling
,
and
doth
ayd
him
,
he
is
accessorie
to
the
Felonie
,
Fi.
Cor.
377
Bracton
.
though
he
doth
not
know
that
the
other
hath
committed
Felonie
,
because
hee
is
a
Felon
by
matter
of
record
,
whereof
euerie
straunger
dwelling
or
commorant
in
the
same
Countie
is
to
take
notice
.
And
it
is
Felonie
,
if
one
be
indicted
of
the
receit
of
another
that
is
Outlawed
of
Felonie
in
the
same
Countie
where
the
receiuer
dwelleth
:
for
that
the
offendor
is
attainted
of
Felonie
in
that
Countie
by
matter
of
record
.
S.
Indictments
34.
Receit
of
a
felon
attainted
in
another
Countie
.
15
If
one
be
attainted
of
Felonie
by
verdict
,
confession
,
Fi.
Cor.
377
or
outlawry
in
one
Countie
,
and
another
doth
receiue
him
,
and
aid
him
in
another
Countie
,
he
is
not
accessorie
to
the
Felonie
,
vnlesse
he
doth
know
of
the
Felonie
:
because
hée
cannot
take
knowledge
of
an
act
done
in
another
Countie
,
though
it
be
by
matter
of
record
.
S.
Indictments
.
34.
Indictment
of
an
accessorie
in
one
County
to
an
offence
done
in
another
.
16
Because
that
Théeues
and
Robbers
that
had
robbed
or
stollen
in
one
Countie
,
would
conuey
their
spoile
,
or
part
thereof
so
robbed
and
stollen
,
vnto
some
of
their
adherents
in
another
countie
,
where
the
principall
offence
was
not
committed
;
who
knowing
of
such
felonie
,
willingly
and
by
couin
did
receiue
the
same
:
in
which
case
,
though
the
principall
felon
were
attainted
in
one
countie
,
the
accessorie
escaped
,
by
reason
that
he
was
accessorie
in
another
Countie
,
and
that
the
Iurors
of
the
same
countie
by
the
common
law
could
take
no
knowledge
of
the
principall
felonie
ne
attainder
in
the
first
countie
,
and
so
such
accessories
escaped
thereof
vnpunished
:
For
the
remedie
whereof
,
by
a
Statute
made
Anno
2.
&
3.
E.
6.
it
was
ordained
,
St.
2.
&
3.
E.
6.
24.
That
where
any
murder
or
felonie
shall
be
committed
in
one
countie
,
Triall
of
an
accessorie
in
one
County
,
to
an
offence
done
in
another
.
and
another
person
or
moe
shall
be
accessorie
to
the
same
in
another
countie
,
Then
an
Inditement
found
or
taken
against
such
accessorie
and
accessories
,
vpon
the
circumstance
of
such
matter
,
(
before
the
Iustices
of
Peace
,
or
other
Iustices
or
commissioners
,
to
enquire
of
felonies
in
the
countie
,
where
such
offences
of
accessorie
shal
be
committed
)
shal
be
as
good
in
the
law
,
as
if
the
said
principall
offence
had
bin
committed
within
the
same
countie
where
the
same
indictment
against
such
accessorie
shal
be
found
.
And
the
Iustices
of
Gaole
deliuerie
,
or
Oyer
&
Terminer
,
or
two
of
them
,
of
,
or
in
such
countie
,
where
the
offence
of
any
such
accessorie
shal
be
committed
or
done
(
vpon
suit
to
them
made
)
shall
write
to
the
Custos
Rotulorum
,
or
Kéepers
of
the
Records
,
where
such
principall
shal
be
attainted
or
conuict
,
to
certifie
them
,
whether
such
principall
be
attainted
or
conuicted
,
or
otherwise
discharged
of
such
principall
felonie
,
who
vpon
such
writing
shall
make
sufficient
Certificat
in
writing
vnder
their
Seale
or
seales
to
the
said
Iustices
,
whether
such
principall
bee
attainted
,
conuicted
,
or
otherwise
discharged
,
or
not
.
And
after
that
they
doe
certifie
,
that
such
principall
is
attainted
,
conuicted
,
or
otherwise
discharged
of
such
offence
,
Then
the
said
Iustices
&c.
shall
procéed
vpon
euery
such
accessorie
in
the
Countie
where
he
became
accessorie
,
in
such
manner
and
forme
,
as
if
both
the
said
principall
offence
and
accessorie
had
beene
committed
in
the
same
Countie
where
the
offence
of
accessorie
was
committed
,
and
euery
such
accessorie
and
other
offendors
aboue
expressed
,
shall
answer
vpon
their
Arraignments
,
and
receiue
such
Triall
,
Iudgement
,
order
,
and
execution
,
and
suffer
such
forfeitures
as
is
vsed
in
other
cases
of
Felonie
.
27.
Ass.
p.
69
25.
Ed.
3.
39.
9.
H.
4.
1.
17
If
one
receiue
goods
stollen
,
or
any
parcell
thereof
,
yet
hée
shall
not
bée
accessorie
to
the
felonie
,
if
he
do
not
receiue
the
Felon
himselfe
.
But
if
he
doe
receiue
the
goods
stollen
,
Receiuing
of
of
stolne
goods
and
also
the
Felon
,
he
shall
be
accessorie
to
the
felonie
,
so
that
the
same
Felon
be
before
accessorie
of
the
same
felonie
.
S.
Indict.
34.
Fitz.
Cor.
427.
18
If
a
Felon
doth
flie
,
and
come
to
his
friends
house
,
Receiuing
the
Felon
.
and
his
friend
doth
shut
the
doore
,
and
the
countrey
which
pursueth
him
,
doe
thinke
that
the
Felon
doth
continue
in
the
house
,
whereas
he
escapeth
:
in
this
case
the
friend
shall
bée
adiudged
accessorie
to
this
felonie
,
for
that
his
friend
did
ayd
and
reléeue
him
,
and
endeuoured
to
defend
him
from
the
iustice
of
the
law
.
S.
Escape
2.
26.
Ass.
p.
52
19
And
also
a
man
may
be
accessorie
to
an
accessorie
:
Accessorie
to
an
accessorie
.
as
if
one
doe
receiue
him
who
is
accessorie
to
a
felonie
,
by
this
meanes
he
himselfe
shall
be
accessorie
to
this
accessorie
,
because
that
first
accessorie
is
a
felon
.
1.
H.
7.
6.
20
If
one
doe
rescue
him
that
is
arrested
,
conuicted
,
Rescue
of
a
Felon
.
or
attainted
of
felonie
,
hée
is
a
principall
Felon
,
and
not
an
Accessorie
:
and
the
reason
is
,
for
that
this
is
a
new
felonie
by
it selfe
,
though
it
doth
depend
vpon
the
former
felonie
.
21
A
woman
couert
cannot
bée
accessorie
in
felonie
to
her
husband
,
A
wife
no
Accessorie
to
her
husband
.
A
maried
wife
a
principall
Felon
.
for
that
by
the
lawes
of
God
shée
ought
not
discouer
his
counsell
:
But
by
force
of
a
Statute
made
Anno
1.
Mar.
a
wife
shall
be
a
principall
Felon
,
if
shee
doe
send
,
deliuer
,
or
conuey
any
reliefe
to
her
husband
,
which
amongst
others
,
to
the
number
of
twelue
,
or
aboue
,
shall
bée
assembled
,
practise
,
and
put
in
vre
any
of
the
offences
prohibited
by
the
said
stat.
prouided
against
Rebellious
and
vnlawfull
assemblies
,
St.
1.
M.
12.
St.
1.
El.
16.
Anno
1.
M.
12.
S.
Felonies
by
statute
31.
22
If
an
offence
be
made
felonie
by
statute
,
Accessorie
to
offences
made
felony
by
stat.
although
the
same
statute
doth
not
expresly
make
mention
of
abettors
,
procurers
,
councellors
,
and
receiuers
,
yet
they
shall
be
taken
within
the
compasse
of
the
same
statute
,
as
the
consenter
and
aider
to
the
counterfeiting
of
the
great
Seale
,
priuie
Seale
,
or
the
Kings
money
,
19.
H.
8.
47.
St.
25.
E.
3.
2
is
Treason
:
and
yet
the
words
of
the
statute
bée
,
If
any
doe
counterfeit
&c.
which
the
other
doth
not
,
because
hee
was
but
consenting
and
ayding
thereunto
.
St.
13.
E.
1.
34.
11.
H.
4.
13.
Fitz.
Cor.
228.
Br.
Appeale
32
.
23
In
Rape
,
Rape
if
one
doe
commit
the
fact
,
and
another
doth
ayde
and
assist
him
therein
,
hee
is
thereby
a
rauisher
,
as
well
as
his
companion
which
committed
the
Rape
:
and
yet
the
words
of
the
statute
of
Westminst.
2.
be
,
If
a
man
doe
rauish
a
woman
:
for
the
assistant
was
the
cause
of
the
offence
,
without
whom
peraduenture
the
Rape
had
not
béen
done
.
And
he
is
principal
,
because
hée
was
present
when
the
fact
was
done
,
and
therefore
as
much
guiltie
as
hée
which
did
the
fact
.
And
yet
in
the
foresayd
case
,
if
two
bée
indicted
for
committing
of
a
Rape
,
one
for
doing
the
fact
,
and
the
other
for
ayding
and
assisting
him
,
whereby
they
both
be
principals
:
if
hée
that
was
indicted
for
ayding
and
assisting
,
bée
first
arraigned
,
and
by
one
Enquest
found
guiltie
,
Plo.
Com.
97.
and
after
he
that
was
indicted
for
doing
the
act
is
arraigned
,
and
by
another
Enquest
is
acquite
:
In
this
case
iudgement
shall
not
bée
giuen
against
him
who
was
found
guiltie
of
ayding
and
assisting
,
because
he
cannot
be
guiltie
but
in
respect
that
the
principall
actor
was
guiltie
:
and
hée
beeing
found
not
guiltie
of
doing
the
fact
,
the
other
could
not
be
ayding
and
assisting
to
a
thing
which
was
not
done
:
And
séeing
both
the
verdicts
cannot
bée
true
,
but
one
of
them
must
néeds
be
false
,
the
Iudges
ought
to
giue
more
credit
to
the
verdict
which
acquited
him
who
was
charged
with
doing
of
the
fact
,
than
to
the
other
:
For
the
Enquest
which
acquited
him
that
was
charged
with
the
fact
,
was
charged
vpon
the
principall
poynt
,
viz.
if
the
supposed
rauisher
committed
the
rape
or
not
,
and
the
other
Enquest
was
not
so
fully
charged
vpon
the
principall
poynt
,
but
onely
whether
hée
that
was
indicted
of
ayding
and
assisting
,
bee
guiltie
of
the
Felonie
whereof
hée
is
impeached
,
viz.
of
the
ayding
and
assisting
.
Imbeciling
of
Records
.
24
By
the
Statute
of
Anno
8.
H.
6.
12.
St.
8.
H.
6.
12
it
was
ordained
,
That
if
any
record
,
or
parcell
of
the
same
,
writ
,
returne
,
panell
,
proces
,
or
warrant
of
Atturney
in
the
Chauncerie
,
&c.
bée
willingly
stolne
,
taken
away
,
withdrawne
,
or
auoyded
by
any
Clerke
&c.
such
stealer
,
taker
away
,
withdrawer
,
and
auoyder
,
their
procurers
,
counsellors
,
and
abettors
,
béeing
thereof
indicted
,
&c.
shal
be
adiudged
felons
.
S.
Felonies
by
statute
16.
Rebellious
assemblies
.
25
By
the
stat.
of
an
.
1.
M.
12.
1.
El.
16.
St.
1.
M.
12.
St.
1.
El.
16.
it
is
enacted
,
That
if
any
wife
or
seruant
(
of
any
of
the
persons
being
in
rebellious
manner
vnlawfully
assembled
,
contrarie
to
the
ordinance
of
the
same
statute
)
or
any
other
person
whatsoeuer
,
shall
willingly
and
without
compulsion
,
bring
,
send
,
deliuer
,
or
conuey
any
money
,
harneyes
,
artillerie
,
weapon
,
meat
,
drinke
,
or
other
victual
,
to
any
person
or
perfons
so
béeing
assembled
,
during
such
time
as
hée
or
they
shal
be
so
assembled
,
or
be
together
,
then
euery
wife
,
seruant
,
or
other
person
,
so
bringing
or
conueying
any
of
the
foresaid
things
to
the
same
persons
so
being
assembled
together
in
forcible
manner
,
or
to
any
of
them
,
and
not
departing
to
their
houses
vpon
request
or
commaundement
made
,
shal
be
adiudged
Felons
.
But
no
person
shal
be
put
to
any
losse
,
forfeiture
,
paine
,
or
punishment
of
life
,
lands
,
or
goods
,
as
accessorie
to
any
person
or
persons
,
that
shall
commit
any
of
the
offences
contained
in
this
Act
,
for
receiuing
,
comforting
,
or
aiding
of
any
such
offendor
after
such
act
committed
or
done
.
S.
Felonies
by
Statute
31.
Riots
&c.
Coniuration
.
26
By
the
stat.
of
An.
1.
Iac.
St.
1.
Iac.
12
it
was
ordained
,
That
if
any
person
or
persons
shal
vse
,
practise
,
or
exercise
any
inuocation
,
or
coniuration
of
any
euil
or
wicked
spirit
,
&c.
then
euery
offendor
or
offendors
,
their
aiders
,
abettors
,
and
counsellors
,
being
of
any
of
the
sayd
offences
lawfully
conuicted
and
attainted
,
shall
suffer
paines
of
death
as
a
felon
or
felons
,
without
benefit
of
Clergie
or
Sanctuarie
.
S.
Felonies
by
Stat.
29.
27
By
the
Statute
of
Ann
3.
H.
7.
2.
St.
3.
H.
7.
2
it
was
prouided
,
That
if
any
person
shal
take
any
maid
,
widow
,
or
wife
,
which
hath
lands
or
goods
,
or
is
heire
apparant
to
her
ancestor
,
against
her
will
,
vnlawfully
,
such
taking
,
procuring
,
and
abetting
to
the
same
,
and
also
receiuing
wittingly
the
same
woman
so
taken
against
her
will
,
Taking
a
woman
against
her
will
.
and
knowing
the
same
,
shall
be
felonie
:
And
such
misdoers
,
takers
,
and
procurers
to
the
same
,
and
receiuers
,
knowing
the
saide
offence
in
forme
aforesaide
,
shall
be
reputed
and
iudged
as
principall
felons
.
S.
Fel.
by
Stat.
5.
Br.
23
,
24
,
25
,
26
,
27.
28
Note
that
in
all
the
Cases
aforesaid
touching
offences
made
felonie
by
Statute
,
the
aidors
,
abettors
,
and
councellers
be
made
principalles
,
Aydors
&c.
be
principals
.
by
the
speciall
wordes
of
the
same
Statutes
,
and
not
accessories
to
the
same
felonies
.
27.
Ass.
p.
10
8.
H.
5.
6
2.
Ed.
3.
26
Bro.
Coro
.
185.
29
If
one
be
acquited
of
the
principall
act
,
hée
is
acquited
of
all
offences
committed
as
accessorie
,
Acquitall
of
the
principall
is
acquitall
of
accessorie
.
before
the
doing
of
the
principall
fact
;
but
not
of
offences
committed
as
accessorie
after
the
principall
fact
.
A
man
being
indicted
as
accessorie
in
murder
was
acquite
by
verdict
,
and
after
hee
was
indicted
as
principall
of
the
same
murder
,
and
was
found
guiltie
,
and
hanged
,
for
though
it
concerned
the
same
murder
,
yet
it
was
not
the
same
offence
wherof
he
was
first
arraigned
.
Co.
l.
4.43
30
A.
brought
an
appeale
of
the
murder
of
B.
his
brother
,
against
C.
Principall
and
accessorie
in
manslaughter
.
as
principall
,
and
D.
as
accessorie
before
the
murder
committed
,
and
E.
as
accessorie
after
the
murder
.
C.
the
principall
pleaded
not
guiltie
,
and
by
the
Iurie
was
found
guiltie
of
manslaughter
,
but
not
of
murder
,
and
then
praied
,
and
had
his
Cleargie
:
In
this
case
,
D.
which
was
charged
as
accessory
before
the
offence
committed
,
was
discharged
,
because
he
cannot
be
charged
as
accessorie
before
the
act
of
manslaughter
committed
,
for
manslaughter
doth
follow
vppon
a
sodaine
debate
,
or
fray
,
for
if
it
be
premeditate
,
it
is
murder
.
And
because
C.
the
principall
had
his
Cleargie
before
iudgement
,
so
that
it
did
not
appeare
by
the
iudgement
of
Lawe
,
that
he
was
principall
,
both
the
accessorie
before
,
and
the
accessorie
after
the
manslaughter
were
discharged
.
And
so
it
is
,
if
the
principall
vpon
his
arraignement
,
doth
confesse
the
felonie
,
S.
Br.
51.
and
before
iudgement
hath
his
pardon
,
or
cleargie
allowed
,
the
accessorie
shal
be
discharged
.
31
There
be
two
maner
of
attainders
,
Two
attainders
.
wherof
the
one
is
vpon
apparance
,
that
is
to
say
,
by
confession
,
verdict
,
or
battell
:
the
other
is
by
default
vpon
proces
of
outlarie
.
And
in
both
cases
the
principall
ought
to
be
attainted
before
the
accessorie
:
as
it
doth
appeare
by
these
words
of
the
Statute
of
West
.
1.
viz.
St.
Ed.
1.
14.
No
person
shal
be
outlawed
vpon
appeale
of
commaundement
,
force
,
The
principall
shal
be
attainted
before
the
accessorie
.
aide
,
or
receit
,
vntill
he
that
is
appealed
of
the
fact
be
attainted
:
and
one
lawe
shal
be
kept
thorow
the
whole
realme
:
But
he
that
will
appeale
shall
not
let
to
attach
his
appeale
at
the
next
County
,
aswel
against
the
accessorie
,
as
against
the
principall
;
and
yet
the
Exigent
shall
stay
vntill
the
principall
be
attainted
,
by
outlawrie
or
otherwise
.
And
to
the
like
effect
be
these
words
of
the
statute
of
Officium
Coronatoris
,
St.
3.
Ed.
1.
If
any
be
appealed
of
an
act
done
as
principal
,
they
that
be
appealed
as
accessorie
shall
be
attached
,
and
surely
kept
vntill
the
principall
be
attached
.
32
The
foresaide
Statute
of
Westm.
1.
is
to
be
intended
of
appeales
commenced
by
Bill
,
Appeales
commenced
by
writ
or
Bill
.
but
not
of
appeales
commenced
by
Writ
:
for
of
appeales
commenced
by
writ
,
there
doth
not
appeare
any
to
be
accessorie
,
43.
Ed.
3.18
vntill
the
count
be
made
,
which
is
not
made
vntill
there
be
an
apparance
of
the
accessorie
.
And
therefore
in
that
case
where
the
appeale
is
commenced
by
writ
,
if
the
plaintife
will
pray
an
Exigent
against
them
all
,
7.
H.
4.27
.
he
is
thereby
concluded
to
count
against
any
of
them
as
accessories
:
for
if
he
should
so
doe
,
he
ought
not
to
haue
had
the
Exigent
against
them
vntill
the
principall
had
béene
outlawed
,
and
therefore
therein
he
is
concluded
.
Principall
shal
be
attainted
before
the
Exigent
against
the
accessorie
.
33
Where
the
wordes
of
the
foresaide
Statute
of
Westminster
be
,
That
he
which
is
appealed
of
the
fact
shall
be
attainted
before
the
accessorie
be
outlawed
:
If
at
the
time
that
the
accessorie
is
come
to
the
Exigent
the
principall
doth
appeare
,
and
so
the
processe
is
determined
against
him
:
7.
H.
4.
36.
Notwithstanding
,
because
he
is
not
as
yet
attainted
,
the
Exigent
shall
not
be
awarded
against
the
accessorie
,
vntill
the
principall
be
attainted
.
And
this
is
to
be
intended
where
the
accessorie
doth
not
appéere
,
but
maketh
default
.
S.
Triall
by
the
Country
8.
34
If
Processe
be
awarded
against
the
principall
and
accessorie
,
and
the
principall
maketh
default
,
and
the
accessorie
doth
appeare
;
The
principall
maketh
default
,
and
the
accessorie
appéereth
.
in
this
case
the
accessorie
shall
answer
:
But
if
he
pleade
to
an
issue
,
9.
H.
4.
2.
7.
H.
4.
36.
Fitz.
Cor.
12.
processe
shall
not
be
awarded
against
the
Enquest
,
vntill
the
principall
doe
appéere
,
or
be
attainted
by
proces
,
viz.
be
outlawed
.
And
yet
this
processe
against
the
Enquest
shal
not
cease
vnlesse
the
accessorie
will
:
for
if
the
accessorie
will
request
to
haue
processe
against
the
Enquest
before
the
principall
be
attainted
,
he
shall
haue
it
,
8.
H.
5.
6.
for
that
it
is
preiudiciall
to
none
but
to
the
accessorie
himselfe
:
and
whether
he
be
attainted
or
acquited
,
it
is
good
.
And
he
shall
not
be
arraigned
againe
,
for
the
taking
of
the
Enquest
is
not
erronious
.
35
If
processe
be
awarded
against
the
principall
and
the
accessorie
,
Fitz.
Cor.
12.
and
the
principall
maketh
default
,
and
the
accessorie
doth
appeare
,
if
the
accessorie
will
wage
battell
The
accessorie
wageth
battell
.
with
the
appellant
before
the
principall
doth
appéere
;
he
may
:
for
he
may
waiue
the
benefit
which
the
Lawe
doth
giue
him
,
if
he
will
.
36
If
the
principall
doe
make
default
,
9.
H.
4.
2.
and
the
accessorie
doe
appeare
and
pleade
,
then
if
the
plea
which
the
accessorie
pleadeth
be
a
plea
in
abatement
of
the
whole
writ
,
Accessorie
pleadeth
in
abatement
of
the
writ
.
the
principall
shall
take
aduantage
thereof
,
notwithstanding
his
absence
:
So
that
the
Exigent
which
is
to
be
awarded
against
the
principall
shall
be
stayed
,
vntill
it
be
knowen
whether
the
whole
writ
shall
abate
,
or
not
.
37
If
both
the
principal
and
the
accessorie
do
appeare
,
Both
the
principal
and
accessory
doe
appéere
.
then
the
principall
shall
answer
first
,
and
the
accessorie
after
:
for
the
principall
may
pleade
such
a
plea
,
that
the
accessorie
shall
not
be
put
to
answer
vntill
the
principalls
plea
be
tried
.
And
that
is
in
case
where
the
principall
doth
not
pleade
directly
to
the
felony
,
but
some
other
plea
:
as
if
hée
do
pleade
that
he
himselfe
was
at
an
other
time
attainted
of
the
same
felony
,
9.
H.
7.
19.
&c.
And
the
appellant
doth
take
issue
thereupon
,
viz.
not
comprised
,
&c.
Where
the
principalls
plea
shal
be
tried
before
the
accessories
answer
.
The
principall
pleadeth
in
abatement
of
the
writ
.
In
this
case
the
accessorie
shall
not
be
put
to
answer
vntill
this
issue
be
tried
.
38
And
so
it
is
if
both
the
principall
and
accessorie
doe
appeare
,
and
the
principall
doth
pleade
a
plea
in
abatement
of
the
whole
writ
of
Appeale
,
then
the
accessorie
shall
not
be
put
to
answer
vntill
this
plea
be
tried
.
Fit
.
Cor.
10
39
If
the
principall
and
accessorie
doe
both
appéere
,
and
the
principall
doth
pleade
to
the
felonie
,
viz.
not
guiltie
,
The
principal
pleadeth
not
guiltie
.
then
the
accessorie
shall
presently
after
that
plea
pleaded
,
pleade
also
.
And
if
they
be
at
issue
,
one
Venire
facias
shall
be
awarded
for
them
both
:
But
if
at
the
day
of
the
Venire
facias
returned
,
or
at
the
time
of
the
apparance
of
the
Enquest
,
the
principall
being
in
the
meane
time
let
to
mainprise
,
doth
make
default
,
and
not
appéere
,
the
Enquest
shall
not
be
taken
against
the
accessorie
.
2.
&
3.
P.
&
M.
Di.
120
40
If
there
be
diuers
principalls
,
and
one
accessorie
,
or
more
:
Seueral
principalls
,
and
one
accessorie
and
processe
is
awarded
against
all
the
principals
,
and
the
accessorie
,
and
some
or
one
of
the
principalls
doe
appéere
,
and
some
not
,
and
also
the
accessorie
doth
appéere
:
in
this
Case
processe
shall
not
be
awarded
against
the
Enquest
for
the
triall
of
the
accessorie
,
vntill
all
the
principalls
doe
appeare
,
or
be
attainted
by
outlawrie
:
viz.
if
he
be
indicted
or
appealed
as
accessorie
to
them
all
.
But
it
is
otherwise
if
he
be
indicted
or
appealed
onely
as
accessorie
to
some
of
those
principalls
:
40.
As
p.
25
7.
H.
4.
36
Plo.
com
.
99
for
there
it
is
sufficient
to
haue
that
principall
,
or
those
principalls
onely
to
appeare
,
or
to
be
attainted
by
Outlawrie
,
to
whom
he
is
appealed
or
indicted
as
accessorie
,
without
hauing
regard
to
the
residue
.
41
To
haue
Processe
awarded
against
the
Enquest
for
the
triall
of
the
accessorie
,
it
is
requisite
,
that
the
attainder
of
the
principall
be
in
the
same
sute
,
The
attainder
must
be
in
the
same
sute
.
in
the
which
he
and
the
accessorie
be
sued
:
for
if
he
be
attainted
in
another
sute
,
that
shall
not
enforce
the
accessorie
to
procéede
with
his
Enquest
vntill
the
principall
which
is
sued
with
him
doth
appéere
,
or
be
attainted
by
processe
of
outlawrie
,
&c.
As
in
appeale
of
homicide
against
the
principall
and
accessorie
,
7.
H.
4.
36
and
the
principall
before
that
time
is
attainted
of
the
death
of
the
same
man
vpon
an
indictment
at
the
Kings
sute
.
And
the
accessory
shall
pleade
for
his
owne
discharge
the
acquitall
of
the
principall
in
an
other
sute
;
so
that
it
be
an
acquitall
for
that
offence
,
for
the
which
he
is
charged
as
accessorie
.
7.
H.
4.
27
42
If
the
principall
be
attainted
of
the
death
of
a
man
,
and
then
dieth
,
The
principall
attainted
and
dieth
.
and
the
Iustices
before
whom
the
accessorie
is
sued
haue
the
record
of
the
same
attainder
before
them
,
then
they
may
procéede
against
the
accessorie
,
otherwise
not
:
for
it
doth
by
the
Record
appéere
vnto
them
,
that
hée
which
was
appealed
of
the
fact
,
is
by
Lawe
attainted
of
felonie
,
according
to
the
foresaid
Statute
of
Westminster
1.
though
he
was
not
executed
therefore
.
The
principall
standeth
mute
.
43
And
though
the
Lawe
be
,
Fit
.
Cor.
58
that
an
Enquest
shall
not
procéede
against
the
accessorie
to
trie
him
vntill
the
principall
doe
appeare
,
or
be
attainted
by
outlawrie
,
yet
if
the
principall
doe
appeare
,
and
will
say
nothing
,
but
stand
mute
,
the
accessorie
shall
be
arraigned
.
Sed
quaere
;
for
the
principall
is
not
attainted
of
felonie
.
Error
in
the
Attainder
of
the
principall
.
44
If
the
Attainder
of
the
principall
be
erronious
,
2.
R.
3.
22.
yet
the
accessorie
shall
be
arraigned
:
for
the
accessory
shall
take
no
aduantage
of
any
errour
committed
in
the
attainder
of
the
principall
.
An
absured
accessorie
returneth
.
45
If
one
do
abiure
as
accessory
,
and
after
doth
returne
againe
,
Fi.
Cor.
124
the
principall
not
being
attainted
,
the
accessorie
shall
be
hanged
:
for
that
he
hath
confessed
the
felonie
before
the
Coroner
,
and
did
returne
without
the
Kings
pardon
or
licence
.
The
accessory
tried
vpon
his
owne
request
.
46
If
the
accessory
of
his
owne
desire
wil
wage
battel
before
the
principal
be
attainted
,
and
be
subdued
therein
:
Fit
.
Cor.
12
or
will
desire
to
haue
an
Enquest
to
try
him
before
the
principall
be
attainted
,
and
be
found
guiltie
therefore
:
In
both
these
Cases
he
shall
be
hanged
,
though
by
the
Lawe
he
was
not
compellable
to
either
of
the
said
trialles
,
vntill
the
principall
had
béene
attainted
;
for
hée
hath
aduentured
his
life
,
in
hope
to
gaine
his
libertie
.
47
If
the
principall
be
found
not
guilty
The
principall
found
not
guiltie
.
by
verdict
,
Bracton
.
the
accessorie
shall
be
discharged
thereby
:
for
where
there
is
no
dée●e
,
there
can
no
force
,
ayde
,
or
commaundement
hurt
,
in
that
the
intended
iniury
tooke
no
effect
.
So
that
the
acquitall
of
the
principall
is
in
Lawe
the
acquitall
of
the
accessorie
.
The
principall
dieth
in
prison
before
attainder
.
48
If
the
principall
can
not
be
tried
(
as
if
he
die
in
prison
before
he
be
attainted
of
the
felonie
)
the
accessorie
shall
be
thereby
discharged
:
for
there
can
none
be
found
accessorie
to
a
felonie
,
Co.
l.
4.
43
where
there
is
none
attainted
to
commit
the
same
felonie
.
But
otherwise
it
is
if
the
principall
be
attainted
of
the
felonie
,
and
dieth
,
there
the
accessorie
shall
be
arraigned
,
and
hanged
,
if
he
be
found
guiltie
.
The
principall
attainted
of
an
other
felonie
.
49
If
the
principall
be
attainted
of
another
felonie
,
and
hanged
,
Fi.
Cor.
378.
before
he
is
attainted
of
this
felonie
,
whereof
he
and
the
accessorie
be
indicted
,
the
accessorie
to
this
felonie
shall
be
discharged
thereby
.
And
the
same
Lawe
is
,
if
hee
be
attainted
of
the
first
felonie
,
though
he
be
not
hanged
:
because
in
that
case
after
attainder
,
he
shall
not
answer
to
other
felonies
,
but
onely
to
robberie
and
treason
,
The
principall
slew
the
pa●tie
in
his
owne
defence
.
50
If
it
be
found
by
verdict
that
the
principall
slew
him
,
Fi.
Cor.
116
of
whose
death
he
is
arraigned
,
in
his
owne
defence
,
the
accessory
shal
be
therby
discharged
:
And
yet
the
principall
shall
be
enforced
to
purchase
his
pardon
:
But
this
pardon
prooueth
not
,
that
he
is
guilty
in
other
maner
,
than
in
his
owne
defence
.
Notwithstanding
in
an
other
pardon
it
is
otherwise
;
for
if
a
principall
pleade
his
pardon
to
a
felony
generally
,
without
any
special
matter
found
,
which
should
cause
the
pardon
,
2.
Ed.
3.
27
Fi.
Cor.
260
3.
Ass.
p.
14
42.
Ass.
p.
16
and
is
by
that
discharged
;
yet
that
will
not
discharge
the
Accessorie
,
but
he
shall
be
hanged
if
he
be
found
guiltie
of
the
felonie
:
for
by
that
pardon
the
felony
is
confessed
,
of
the
which
felonie
,
he
praieth
to
be
discharged
by
the
Kings
fauour
,
and
not
by
the
benefit
of
lawe
,
as
he
doth
in
the
other
case
.
3.
H.
7.
12
10.
H.
4.
5
13.
Ed.
4.
3
Bro.
Cor.
184
51
And
in
the
like
case
,
and
vpon
the
same
reason
,
The
principall
hath
his
clergie
.
if
the
principall
and
accessorie
be
arraigned
of
felonie
,
and
both
be
found
guilty
,
and
the
principall
doth
pray
,
and
hath
the
benefit
of
his
clergie
;
yet
the
accessorie
shal
be
hanged
:
for
by
the
praying
of
his
clergie
,
the
felonie
is
confessed
,
and
the
principall
in
this
case
is
not
saued
by
his
innocencie
,
but
by
a
priuiledge
in
Lawe
,
which
the
accessorie
,
being
no
clarke
,
cannot
take
the
benefit
of
:
But
it
is
otherwise
,
if
there
be
principall
and
accessorie
,
and
the
principall
is
pardoned
,
or
hath
his
Clergie
before
iudgement
,
Co.
l.
4.
43
the
accessorie
shall
not
be
arraigned
:
for
where
there
is
no
fact
,
there
is
no
force
,
and
where
there
is
no
principall
,
The
principall
is
pardoned
,
or
hath
his
clergie
before
iudgement
there
can
be
no
accessorie
,
and
no
man
can
be
accompted
principall
,
before
it
be
so
prooued
and
adiudged
by
the
Lawe
,
and
that
must
be
by
a
iudgement
vpon
a
verdict
,
confession
,
or
outlawrie
:
and
it
is
not
sufficient
that
indéed
there
be
a
principall
,
vntil
that
appéereth
by
a
iudgement
in
Law
.
And
the
acceptance
of
pardon
,
or
the
praying
of
his
clergy
is
an
argument
,
but
no
iudgement
in
law
,
that
he
is
guiltie
.
But
if
the
principal
after
attainder
be
pardoned
,
or
hath
his
clergie
alowed
,
the
accessory
shal
be
arraigned
(
and
hanged
if
he
be
found
guiltie
)
for
it
doth
appeare
iudicially
,
that
he
was
principall
.
41.
As
.
p.
24
52
The
acquitall
of
the
principall
is
the
acquitall
of
the
accessorie
(
as
is
asaide
)
if
it
be
not
in
an
appeale
,
where
the
accessorie
is
to
recouer
dammages
:
In
appeale
the
acquitall
of
the
principall
is
not
the
acquitall
of
the
accessorie
.
for
if
he
will
recouer
dammages
,
he
must
be
tried
,
notwithstanding
the
acquitall
of
the
principall
.
But
some
doe
thinke
,
that
he
shall
recouer
dammages
by
the
acquitall
of
the
principall
without
being
further
tried
:
or
otherwise
it
would
ensue
,
that
the
Court
should
admit
an
accessorie
,
where
there
had
béene
no
principall
,
which
were
inconuenient
.
❧
Breaking
of
Prison
,
and
Rescous
.
BY
the
common
Law
of
this
Realme
,
if
a
man
had
béen
imprisoned
,
and
broken
the
prison
,
hée
should
haue
béene
hanged
,
for
what
cause
soeuer
he
had
béene
imprisoned
,
yea
although
it
had
béene
but
for
trespasse
.
Which
great
enormitie
was
redressed
by
the
statute
of
Anno
1.
Ed.
2.
intituled
,
St.
1.
Ed.
2.
De
frangentibus
prisonam
;
the
wordes
w●●reof
be
these
.
Touching
prisoners
breaking
of
prison
,
our
Lord
the
King
doth
will
and
commaund
,
that
none
which
from
hencefoorth
doe
breake
prison
,
shall
haue
iudgement
of
life
,
and
member
,
for
the
breaking
of
prison
onely
,
except
the
cause
for
the
which
he
was
taken
and
imprisoned
doth
require
such
iudgement
,
if
hée
should
haue
béene
conuicted
thereof
according
to
the
lawe
and
custome
of
the
Realme
,
though
in
times
past
it
hath
béene
otherwise
vsed
.
And
therefore
it
is
to
be
considered
,
who
is
a
prisoner
,
and
what
is
breaking
of
prison
,
Who
is
a
prisoner
.
according
to
the
meaning
of
the
foresaide
Statute
.
Euery
person
who
is
vnder
arrest
for
felony
,
is
a
prisoner
,
aswel
being
out
of
the
Gaole
,
as
within
:
So
that
if
hée
be
but
in
the
Stockes
in
the
stréete
,
or
out
of
the
Stockes
in
the
possession
of
any
that
hath
arrested
him
,
1.
Ed.
3.
17.
1.
M.
Di.
99
and
doth
make
an
escape
;
that
is
a
breaking
of
prison
in
the
prisoner
:
for
imprisonment
is
none
other
,
but
a
restraint
of
libertie
.
2
Though
the
letter
of
the
stat.
of
Ann
1.
Ed.
2.
1.
H.
7.
6.
25.
Ed.
3.
42
1.
Ed.
3.
17.
be
touching
prisoners
breaking
of
prison
,
A
stranger
breaketh
prison
.
yet
if
a
stranger
do
breake
the
prison
,
he
is
within
the
compasse
of
this
statute
,
for
that
by
the
common
lawe
this
was
a
breaking
of
prison
in
a
stranger
,
and
felonie
in
him
at
that
time
,
and
is
felonie
also
at
this
time
in
the
prisoner
,
that
escapeth
by
force
of
such
breaking
of
prison
by
a
stranger
,
although
before
the
said
Statute
it
was
not
felony
in
the
prisoner
.
Letting
a
prisoner
escape
.
3
If
a
Gaoler
,
or
any
other
which
kéepeth
a
prisoner
vnder
arrest
doe
let
him
goe
at
libertie
,
this
is
not
felonie
in
the
prisoner
,
because
it
was
no
breaking
of
prison
in
the
Gaoler
:
But
all
the
felonie
in
this
case
resteth
in
him
who
did
let
the
prisoner
escape
,
and
that
is
by
a
voluntary
escape
,
and
not
by
breaking
of
prison
:
which
is
felony
in
him
that
suffered
him
to
escape
.
2.
Ed.
3.
1
4
If
by
the
negligence
of
the
Gaoler
,
or
any
other
which
hath
the
prisoner
vnder
arrest
,
the
prisoner
doe
escape
:
Negligent
escape
this
is
felonie
in
the
prisoner
that
doth
escape
,
for
that
the
prisoner
in
making
of
escape
did
breake
the
prison
:
but
it
is
not
felonie
in
him
out
of
whose
custodie
he
did
escape
.
5
To
breake
prison
is
intended
aswell
of
a
Rescous
made
of
a
prisoner
,
Rescuing
of
a
prisoner
.
as
of
breaking
of
prison
:
1.
H.
7.
6.
As
if
a
prisoner
be
vnder
arrest
for
felony
,
and
a
stranger
will
feloniously
take
him
out
of
the
possession
of
him
that
hath
arrested
him
,
this
Rescous
is
a
breaking
of
prison
,
and
is
felonie
,
as
wel
in
the
partie
which
escapeth
,
as
in
him
that
made
the
Rescous
,
and
so
was
it
by
the
common
law
.
Fi.
Cor.
333
6
If
a
stranger
disturbe
the
arresting
of
a
felon
,
Disturbing
of
arrest
.
that
manner
of
Rescous
is
not
felonie
;
for
the
letting
of
a
felon
escape
,
which
is
not
arrested
for
felony
,
is
not
felonie
:
but
if
the
felon
had
beene
taken
,
and
arrested
,
and
after
rescued
,
this
had
béene
felonie
.
2.
Ed.
3.
1.
1.
H.
7.
6.
7
If
the
Sherife
returne
a
Rescous
The
Sherife
returneth
a
Rescous
.
of
a
felon
taken
out
of
his
possession
,
or
doe
returne
an
escape
,
that
the
prisoner
escaped
from
him
;
this
wil
not
serue
as
an
indictment
to
put
the
partie
to
answer
thereunto
,
for
that
it
is
contrarie
to
the
Statutes
of
25.
Ed.
3.
28.
Ed.
3.
&
42.
Ed.
3.
St.
25.
E.
3.
4
St.
28.
E.
3.
3
St.
42.
E.
3.
2.
which
haue
ordained
,
That
none
shall
be
imprisoned
,
or
put
out
of
his
fréehold
,
without
an
indictment
or
presentment
before
Iustices
,
or
some
matter
of
Record
,
or
by
due
Proces
,
or
by
writ
originall
,
which
the
Sherifes
returne
is
not
.
S.
Indictments
19.
2.
Ed.
3.
1.
8
It
is
no
difference
whose
prison
the
offendor
doth
breake
,
viz.
Whose
the
prison
broken
must
be
.
whether
it
be
the
Kings
prison
,
the
Lords
of
a
fraunchise
,
or
any
other
persons
:
for
whose
soeuer
it
be
,
the
offendor
is
within
the
compasse
of
this
statute
,
though
it
was
otherwise
before
the
Statute
,
Britton
.
viz.
it
was
not
felonie
,
vnlesse
he
had
broken
the
Kings
prison
.
9
If
one
be
attached
&
taken
for
trespasse
,
Attachment
for
trespasse
.
and
he
which
is
attached
doth
ecape
,
or
is
rescued
by
a
stranger
,
this
is
no
felonie
,
but
trespas
:
for
that
the
Statute
saith
:
St.
1.
E.
2.
Except
the
cause
for
the
which
he
is
taken
and
imprisoned
doth
require
such
iudgement
.
But
yet
the
fine
shal
be
according
to
the
qualitie
of
the
person
to
whom
the
rescous
is
made
,
&
according
to
the
time
and
place
,
when
,
&
where
it
is
done
.
22.
Ed.
3.
13
A
Iustice
sitting
in
iudgement
arresteth
an
offendor
And
therfore
if
a
Iustice
assigned
shall
arrest
a
man
that
maketh
a
fraie
before
him
,
and
a
stranger
doth
rescue
him
,
by
force
whereof
the
prisoner
escapeth
:
in
this
case
as
wel
the
prisoner
,
as
he
that
made
the
rescous
,
shal
be
disherited
,
and
shal
suffer
perpetuall
imprisonment
:
for
that
the
attachment
of
such
a
Iustice
,
was
the
attachment
of
the
King
himselfe
in
the
iudgement
of
the
law
.
But
if
such
a
Iustice
make
an
arrest
when
he
is
out
of
his
place
,
then
such
an
arrest
and
escape
is
but
fineable
,
nor
of
any
other
effect
,
but
as
if
the
Sherife
,
or
some
other
officer
had
made
the
arrest
.
1.
H.
7.
6.
10
If
a
man
be
rescued
at
the
gallows
,
or
as
he
is
in
going
to
execution
,
this
is
within
the
compasse
of
this
Statute
:
Rescous
after
iudgement
.
for
the
words
of
the
Statute
shal
be
intended
aswell
in
the
preter
tence
,
as
in
the
present
tence
:
viz.
as
well
of
iudgement
giuen
,
as
of
iudgement
to
be
giuen
;
for
the
cause
for
the
which
he
was
taken
and
imprisoned
did
require
such
iudgement
.
The
imprisonment
and
not
the
attainder
respected
.
11
It
is
not
material
whether
the
prisoner
which
did
escape
,
was
,
1.
Ed.
3.17
.
or
should
haue
béene
attainted
of
the
felonie
,
for
the
which
he
was
imprisoned
,
so
that
he
were
in
prison
for
felonie
,
at
the
time
of
breaking
of
prison
:
for
a
stranger
which
did
rescue
one
that
was
indited
of
felonie
,
was
indited
,
arraigned
,
and
found
guiltie
thereof
presently
,
before
the
principall
felonie
tried
.
Imprisoned
for
Treason
12
If
a
man
imprisoned
for
felonie
,
doth
breake
the
prison
,
1.
H.
6.
5.
S.
Treason
9.
and
let
escape
a
prisoner
that
is
in
prison
for
treason
,
this
is
petit
treason
in
him
that
did
breake
the
prison
.
Disobeying
of
a
warrant
.
13
By
a
Statute
made
ann
1.
H.
7.
it
is
ordained
,
St.
1.
H.
7.
7.
That
it
shal
be
felony
for
any
person
which
should
bee
arrested
,
to
disobey
,
or
make
rescue
to
any
person
hauing
warrant
to
arrest
a
hunter
in
the
night
in
any
forrest
,
parke
,
&c.
or
with
painted
faces
&c.
so
that
execution
of
the
same
warrant
be
not
had
.
S.
Felonies
by
Statute
30.
Confession
before
a
Coroner
.
14
The
confession
of
breaking
of
prison
before
the
Coroner
is
an
attainder
in
it selfe
,
without
any
more
;
if
the
cause
of
the
imprisonment
be
for
felonie
.
25.
E.
3.
42.
Fitz.
Cor.
243.
435.
Opening
the
prison
,
but
not
escaping
.
15
If
a
man
come
to
a
prison
,
and
setteth
open
the
prison
doore
,
Kel
.
fol.
87
&
persuadeth
the
prisoners
which
be
in
the
Gaole
,
to
come
forth
of
prison
,
&
to
depart
,
yet
if
the
prisoners
doe
not
come
forth
,
and
escape
,
this
is
no
felony
in
him
or
them
:
but
if
any
of
the
prisoners
doe
escape
,
then
is
it
felonie
in
him
or
them
that
did
escape
,
and
in
him
also
that
set
open
the
doore
.
30.
H.
8.
Dyer
44.
And
a
man
is
alwaies
said
to
bée
in
prison
,
so
long
as
he
is
within
sight
of
the
Gaoler
,
or
of
him
that
hath
him
in
custodie
,
though
he
doe
escape
,
or
breake
away
.
❧
Escape
.
THere
be
two
kinds
of
escape
,
viz.
voluntarie
,
and
negligent
:
Voluntarie
escape
Voluntarie
escape
.
is
when
one
doth
arrest
another
for
felonie
,
or
other
offence
,
and
after
letteth
him
goe
at
libertie
whither
he
will
;
this
letting
him
goe
at
libertie
is
a
voluntarie
escape
.
Inaelex
36.
And
if
the
arrest
of
him
which
did
escape
,
was
for
felonie
,
it
shal
be
adiudged
felony
in
him
which
did
let
him
escape
:
And
if
it
were
for
treason
,
then
it
shal
be
adiudged
treason
.
But
it
is
not
materiall
whether
he
that
escaped
,
was
arrested
by
him
that
set
him
at
libertie
,
or
by
some
other
,
so
that
he
were
arrested
:
for
without
arrest
it
shall
not
be
accounted
an
escape
.
17.
Ass.
p.
9.
If
a
felon
be
in
a
house
,
and
another
not
seeing
him
being
in
the
stréet
,
doth
call
to
him
,
and
telleth
him
,
that
he
doth
attach
him
,
but
doth
not
arrest
his
person
,
this
is
no
arrest
.
●
.
H.
4.
1.
2
If
a
man
receiue
a
felon
,
Escape
of
an
offendor
not
arrested
.
knowing
of
the
felonie
which
he
hath
committed
,
and
willingly
suffer
him
to
escape
,
this
suffering
the
felons
escape
,
is
not
felonie
in
him
that
receiued
the
offendor
,
because
he
did
not
arrest
him
.
S.
Principall
&c.
17.
&
18.
11.
H.
4.
4.
3
Also
such
an
escape
is
not
felonie
,
if
it
were
not
felonie
at
the
time
of
the
escape
Felonie
at
the
time
of
the
escape
.
made
:
for
notwithstanding
that
the
first
act
,
for
the
which
the
partie
was
arrested
,
is
after
become
felonie
,
yet
that
shall
not
make
the
escape
felony
,
which
was
not
felonie
at
the
time
of
the
escape
.
As
if
A.
doe
strike
B.
whereupon
the
Constables
doe
arrest
A.
and
willingly
suffer
him
to
escape
,
and
after
B.
dieth
of
that
stroake
,
this
is
not
felonie
;
for
that
B.
beeing
liuing
at
the
time
of
the
arrest
,
and
escape
of
A
,
it
was
then
no
felonie
in
A.
But
yet
in
this
case
,
the
partie
which
arrested
the
offendor
,
shall
pay
to
the
King
a
fine
to
the
value
of
his
goods
,
because
the
escape
was
voluntarie
,
and
vpon
an
hainous
offence
before
committed
:
for
the
law
hath
alwaies
so
much
endeauoured
to
represse
and
punish
felons
,
that
if
one
man
doe
kill
another
,
and
a
third
man
is
present
at
the
same
time
,
Fi.
Cor.
293
331.
395.
but
of
no
confederacie
with
the
manqueller
,
yet
if
he
beeing
of
full
age
,
doe
not
his
best
endeauour
to
apprehend
the
same
felon
,
he
shal
be
imprisoned
vntill
he
hath
made
fiue
to
the
king
therefore
.
4
Negligent
escape
Negligent
escape
.
is
,
when
one
is
arrested
for
felonie
,
and
after
doth
escape
against
the
will
of
him
that
arrested
him
,
and
is
not
freshly
pursued
,
and
taken
againe
,
before
the
pursuer
shall
loose
the
sight
of
him
:
this
shal
be
adiudged
a
negligent
escape
,
Fi.
Cor.
236
400.
notwithstanding
that
he
out
of
whose
possession
hee
escaped
,
did
take
him
againe
after
he
lost
the
sight
of
him
.
Killing
him
that
escapeth
5
It
is
a
negligent
escape
,
if
the
pursuer
doe
kill
the
partie
which
escaped
in
the
pursuit
of
him
,
as
he
is
carrying
him
to
the
Gaole
,
Fit
.
cor.
328
346
though
he
did
neuer
loose
the
sight
of
him
:
for
by
this
meanes
the
partie
that
escaped
cannot
bee
attainted
of
felonie
,
and
so
the
king
shall
loose
his
Escheates
.
Taking
againe
the
partie
escaping
6
Vpon
fresh
suit
the
Gaoler
may
take
againe
the
prisoner
which
escaped
seauen
yeares
after
the
escape
made
,
13.
E.
4.
9.
14.
H.
7.
1
Fi.
N.
B.
130
notwithstanding
that
in
the
meane
time
he
lose
the
sight
of
him
:
but
that
will
not
discharge
the
Gaoler
of
his
fine
for
the
same
escape
.
And
if
the
sherife
be
in
carrying
one
that
is
condemned
to
die
,
to
the
place
of
execution
,
and
the
prisoner
be
rescued
,
and
taken
from
him
by
force
,
6.
H.
7.
12
&
the
Sherife
doth
againe
take
away
the
prisoner
from
those
that
did
rescue
him
,
and
hang
him
:
this
shall
not
be
adiudged
an
escape
in
the
Sherife
.
Licence
to
go
to
another
towne
.
7
If
a
Gaoler
licence
his
prisoner
to
goe
to
another
towne
,
Pitz.
Cor.
242.
and
to
come
againe
,
this
is
a
negligent
escape
,
because
the
prisoner
in
this
case
was
found
out
of
the
bounds
of
the
prison
.
License
to
go
into
the
same
towne
.
8
If
a
Gaoler
giue
leaue
to
his
prisoner
to
goe
into
the
same
towne
,
Fi.
Cor.
431
and
to
come
againe
,
and
he
wandreth
into
another
town
out
of
his
prescribed
limits
,
and
is
there
found
wandring
with
an
intent
to
escape
,
this
is
a
negligent
escape
in
the
Gaoler
.
9
If
one
which
by
the
law
is
not
mainpernable
,
be
let
to
maineprise
,
Mainprise
.
25.
Ed.
3.
39
that
shal
be
adiudged
a
negligent
escape
in
him
who
did
let
him
to
mainprise
.
Petit
larceny
.
10
As
an
escape
may
be
of
one
that
is
imprisoned
or
arrested
for
felonie
:
Fi.
Cor.
430
431
so
it
may
be
of
him
,
that
is
arrested
,
or
in
prison
for
petit
Larcenie
:
But
not
of
any
that
is
arrested
or
imprisoned
for
trespasse
.
Escape
by
returne
of
Cepi
Corpus
.
11
A
Capias
was
awarded
to
the
Sherife
to
arrest
one
of
felonie
,
40.
As
.
p.
42
and
hee
thereupon
did
returne
Cepi
Corpus
,
and
at
the
day
had
not
the
bodie
:
vpon
this
matter
of
Record
,
it
was
adiudged
an
escape
in
the
Sherife
:
and
he
was
amerced
a
hundred
shillings
.
12
If
an
offendor
be
in
prison
at
the
suit
of
one
man
,
and
then
at
anothers
,
26.
Ass.
p.
52
or
of
diuers
men
,
and
he
doth
escape
:
this
shal
be
adiudged
but
one
escape
,
and
the
Gaoler
shal
be
charged
but
with
one
escape
.
But
if
one
that
is
arrested
for
felonie
doe
escape
,
Fi.
Cor.
422
and
flie
to
the
Church
,
and
after
escapeth
out
of
the
Church
,
Double
escape
these
shal
be
adiudged
two
escapes
;
viz.
one
from
the
prison
,
and
another
from
the
Church
.
And
the
Gaoler
,
or
other
who
suffereth
him
to
escape
shal
be
charged
with
the
first
of
those
Escapes
,
and
the
towne
wherein
the
Church
is
with
the
last
of
them
.
St.
3.
H.
7.
1.
4.
El.
Dyer
.
110.
Fitz.
Cor.
238.
293.
13
There
be
certaine
cases
wherein
an
escape
shall
be
adiudged
,
Escape
without
arrest
.
though
there
was
no
arrest
before
:
as
if
one
be
murdred
or
slaine
in
a
towne
in
the
day
time
,
and
the
murderer
doe
escape
without
béeing
taken
or
arrested
by
those
of
the
towne
:
in
this
case
those
of
the
towne
shal
be
charged
with
this
escape
,
that
is
to
say
,
they
shal
be
amerced
for
it
,
and
though
the
escape
be
at
the
euening
.
And
by
the
Statute
of
Winchester
,
viz.
of
13.
Ed.
1.
St.
13.
Ed.
1.
1.
2.
If
a
man
be
robbed
,
and
the
felon
doth
escape
,
and
be
not
taken
within
sixe
moneth
,
the
towne
or
hundred
shall
answer
the
partie
robbed
that
made
huy
and
crie
,
for
the
robberie
,
and
the
dammages
.
Fi.
Cor.
302
14
If
one
doe
kill
another
by
misaduenture
,
or
in
his
own
defence
,
Who
shal
be
charged
with
an
escape
.
and
doe
escape
:
the
towne
where
he
was
slaine
shal
be
amerced
for
it
,
though
the
offendor
was
not
arrested
:
for
the
people
of
the
town
doe
see
a
man
slaine
,
but
they
are
not
to
iudge
,
whether
it
be
felonie
or
not
;
and
therefore
they
ought
to
haue
apprehended
the
manqueller
.
15
As
the
law
is
of
a
towne
not
walled
in
,
or
inclosed
,
Escape
in
a
towne
walled
touching
a
murder
committed
in
the
day
;
so
is
it
of
a
citie
or
towne
inclosed
,
of
a
murder
committed
in
the
night
:
for
if
in
a
towne
inclosed
one
be
murdered
,
be
it
done
by
day
or
night
;
Fi.
Cor.
299.
if
in
that
case
the
murderer
doe
escape
,
the
towne
or
citie
inclosed
shal
be
amerced
:
because
the
citie
or
towne
inclosed
ought
by
the
Statute
of
Winchester
to
be
kept
fast
locked
,
from
the
Sunne
setting
,
to
the
Sunne
rising
.
Fi.
Cor.
352.
425.
16
If
a
felon
doe
flie
to
a
Church
,
and
before
abiuration
he
doth
escape
:
Flying
to
a
Church
and
escaping
.
in
this
case
the
towne
where
the
Church
is
,
shal
be
charged
with
this
escape
:
viz.
they
shal
be
amerced
for
it
.
But
this
must
be
before
abiuration
,
for
if
hee
doe
escape
after
abiuration
,
the
towne
shall
not
be
charged
therewith
,
for
that
by
the
abiuration
,
he
is
in
law
attained
.
17
And
so
it
is
,
if
a
felon
take
a
Church
,
which
by
the
law
cannot
make
abiuration
:
Escaping
by
making
abiuration
.
in
this
case
,
if
he
flie
from
thence
,
the
towne
shall
not
be
charged
with
an
escape
:
As
if
a
man
that
is
adiudged
to
be
hanged
,
doth
escape
from
the
sherife
,
27.
Ass.
p.
54
Fi.
Cor.
313
335
9.
E.
4.
28.
when
he
is
in
carrying
him
to
the
gallowes
,
and
doth
take
a
Church
,
and
then
escape
:
the
towne
where
the
Church
is
,
shall
not
be
amerced
for
this
escape
;
for
that
in
this
case
,
he
cannot
make
an
abiuration
,
which
is
an
attainder
in
it selfe
,
beeing
attainted
before
.
18
And
so
it
is
to
be
noted
,
that
a
city
,
borough
,
Escape
before
or
after
arrest
or
town
may
be
charged
which
the
escape
of
an
offendor
,
which
hath
committed
murder
,
or
homicide
,
thogh
he
were
not
arrested
:
But
one
,
two
,
or
more
priuat
persons
cannot
be
charged
with
the
escape
of
an
offendor
,
vntill
he
be
arrested
.
Where
the
Sherife
,
and
where
the
towne
charged
.
19
If
the
Sherifes
bailife
doe
arrest
one
for
felonie
in
a
town
,
and
do
carry
him
towards
the
prison
,
and
certaine
persons
of
the
towne
doe
go
with
the
bailife
to
assist
him
,
&
the
felon
escapeth
by
the
way
,
Fi.
Cor.
328.
337.
the
sherife
shal
be
charged
with
the
escape
:
but
it
shal
be
otherwise
,
if
the
felon
be
committed
to
the
people
of
the
towne
to
carrie
to
prison
;
for
in
that
case
,
if
the
prisoner
doe
escape
,
the
towne
shal
be
charged
therewith
.
The
hundred
charged
with
escape
.
20
One
was
arrested
for
felonie
,
and
led
to
the
hundred
court
,
Fi.
Cor.
316
and
then
he
was
persuaded
to
goe
abroad
,
and
séeke
his
warrant
,
viz.
one
that
should
warrant
him
those
goods
,
which
he
was
charged
to
steale
,
and
he
went
,
and
fled
to
the
Church
,
and
abiured
:
In
this
case
the
whole
hundred
was
charged
with
the
escape
,
and
the
partie
who
gaue
him
the
counsell
,
and
leaue
,
paid
a
great
ransome
to
the
king
,
and
the
felons
goods
were
forfeited
to
the
King
.
Escape
of
one
imprisoned
for
a
time
.
21
One
that
hath
committed
petit
larcenie
is
adiudged
to
be
imprisoned
by
the
space
of
a
moneth
for
his
punishment
,
27
As
.
p.
27
Fi.
Cor.
430
and
then
béeing
kept
in
prison
after
the
moneth
,
he
breaketh
prison
,
and
escapeth
;
the
kéeper
of
the
prison
shal
be
charged
with
this
escape
.
But
if
one
that
is
arraigned
of
felonie
,
21.
H.
7.
17
bee
adiudged
to
be
acquit
,
viz.
that
he
shal
be
discharged
,
paying
his
fées
:
By
this
hee
shal
be
out
of
prison
touching
the
felonie
,
and
the
Gaoler
shall
not
be
charged
,
if
hée
doe
escape
:
for
the
prisoner
in
the
first
case
was
by
iudgement
committed
to
prison
,
and
in
the
last
,
adiudged
to
be
acquit
of
imprisonment
,
paying
&c.
Where
the
towne
,
hundred
,
or
countie
shal
be
charged
with
escape
.
22
If
one
be
slaine
in
the
day
time
in
a
towne
,
Fitz.
Cor.
238.
293.
and
the
murderer
escape
without
béeing
taken
,
the
towne
shal
be
charged
with
the
escape
:
And
if
the
partie
be
killed
out
of
any
towne
,
then
the
Hundred
shal
be
charged
therwith
:
Or
if
the
towne
be
not
sufficient
to
answer
the
amerciament
for
the
escape
,
Fi.
Cor.
425
316.
then
the
Hundred
shal
be
charged
therewith
:
And
for
the
disabilitie
of
the
hundred
,
the
whole
countie
shal
be
charged
with
the
escape
.
And
the
same
law
is
of
Abiuration
,
where
the
Church
is
in
a
field
out
of
any
towne
.
The
Gaoler
will
not
receiue
a
prisoner
.
23
If
the
Constable
doe
arrest
a
felon
,
and
carrie
him
to
the
Gaole
of
the
same
countie
,
and
the
Gaoler
will
not
receiue
him
,
10.
H.
4.
7.
the
Constable
ought
not
to
let
him
goe
,
but
the
towne
where
the
Constable
dwelleth
shal
be
charged
with
the
kéeping
of
him
,
vntill
the
next
Gaole
deliuerie
.
Prisoner
by
matter
of
record
.
24
The
law
hath
two
seuerall
respects
to
two
sorts
of
prisoners
,
whereof
the
one
is
prisoner
by
matter
of
Record
,
and
the
other
by
matter
in
déed
.
A
prisoner
by
matter
of
Record
is
,
when
one
that
is
present
in
Court
,
is
committed
to
prison
by
the
Court.
In
this
case
,
if
the
kéeper
of
the
prison
hath
not
this
prisoner
alwaies
readie
,
when
the
Court
will
send
for
him
,
Fi.
Cor.
466
or
else
doe
shewe
a
reasonable
cause
why
he
cannot
haue
him
,
the
Court
will
iudge
this
an
escape
by
the
Kéeper
without
further
inquitie
.
But
if
the
Kéeper
of
the
prison
bee
in
this
case
examined
by
the
court
of
his
prisoner
,
39
H.
6.
33.
and
he
will
say
nothing
,
the
Court
will
adiudge
it
a
voluntarie
escape
.
Fi.
Cor.
352
25
If
it
be
found
in
the
Coroners
Roll
,
that
one
did
flie
to
the
Church
,
Escape
by
a
towne
.
and
no
abiuration
is
found
in
the
same
Roll
:
in
this
case
,
the
court
will
adiudge
an
escape
vpon
the
whole
towne
without
further
presentment
.
A
man
killed
beeing
in
carrying
to
the
Gaole
.
And
if
a
man
be
apprehended
for
felonie
in
a
towne
,
Fi.
Cor.
346
and
carried
towards
the
Gaole
by
certain
of
the
same
towne
,
and
if
he
doe
resist
them
,
whereupon
they
doe
kill
him
:
in
this
case
it
shal
be
adiudged
an
escape
vpon
that
town
;
for
in
that
hee
was
not
safely
carried
to
the
Gaole
,
&
attainted
of
felonie
,
the
king
doth
loose
his
escheats
.
26
When
the
Deciners
doe
present
that
a
felon
is
apprehended
for
felony
,
Escape
by
the
Sherife
.
and
deliuered
to
the
Sherife
,
it
will
be
adiudged
an
escape
,
if
they
doe
not
declare
to
which
Sherife
he
is
deliuered
,
and
name
him
,
so
that
his
rolls
may
bée
searched
and
seene
,
whether
the
prisoner
came
within
the
charge
of
the
Sherife
:
Fi.
Cor.
345.
and
if
it
be
not
found
,
how
he
came
out
of
the
Sherifs
ward
,
according
to
the
law
of
the
Realme
,
an
escape
shal
be
adiudged
vpon
the
Sherife
.
39.
H.
6.
33.
27
It
is
vsed
in
the
Kings
Bench
,
A
Coroner
sent
to
the
Marshalsey
to
enquire
&c.
to
send
a
Coroner
once
or
twice
euery
Terme
to
the
Marshalsey
,
to
see
all
the
prisoners
that
be
committed
to
the
marshall
by
matter
of
Record
:
and
if
any
of
them
be
wanting
,
&
cannot
be
found
there
,
to
set
his
name
in
a
booke
,
and
to
informe
the
Iustices
thereof
:
and
then
the
Court
will
examine
the
Marshall
thereof
,
and
if
he
cannot
sufficiently
excuse
himselfe
,
the
Court
will
record
escapes
vpon
him
for
euery
of
them
.
21.
As
.
p.
12.
28
And
touching
those
which
bee
prisoners
of
Record
,
Confessing
&
auoiding
of
an
escape
.
the
Kéeper
of
the
prison
cannot
trauerse
the
escape
;
but
confesse
,
and
auoyd
it
:
as
in
alleadging
that
the
prison
was
burnt
,
or
broken
by
the
Kings
enemies
:
or
by
saying
,
that
he
which
is
supposed
to
be
escaped
,
is
not
the
same
prisoner
which
was
committed
to
him
.
29
Prisoner
by
matter
in
fait
,
is
where
one
is
prisoner
by
arrest
onely
,
Prisoner
by
matter
in
fait
,
viz.
by
arrest
.
whether
it
be
by
the
Sherife
,
the
Constable
,
or
any
other
,
and
he
doth
escape
:
there
the
Escape
shall
bee
presented
before
he
shall
aunswer
vnto
it
.
And
this
presentment
ought
to
be
before
the
Iustices
of
the
Kings
Bench
,
the
Iustices
in
Eire
,
or
some
other
Iustices
that
haue
authoritie
to
enquire
thereof
:
Before
whom
an
escape
shall
be
presented
.
As
it
appeareth
by
the
Statute
of
Westminster
1.
the
words
whereof
be
these
:
It
is
ordained
,
St.
3.
E.
1.
4.
that
nothing
shall
be
demanded
,
nor
taken
,
nor
leuied
by
the
sherife
,
nor
by
any
other
,
for
the
escape
of
any
theefe
or
felon
,
vntill
it
shal
be
adiudged
by
the
Iustices
in
Eire
.
And
he
that
shall
doe
otherwise
,
shall
restore
to
him
that
paid
it
,
so
much
as
he
hath
receiued
,
and
to
the
King
as
much
.
And
likewise
by
the
Statute
of
31.
Ed.
3.
St.
31.
E.
3.
14.
it
is
prouided
,
That
the
Escape
of
felons
and
Clerkes
conuict
,
shall
bee
adiudged
by
the
Iustices
,
and
by
their
viewe
leuied
.
And
though
the
foresaid
Statute
of
Westminster
the
first
,
doth
not
make
mention
of
any
but
of
Iustices
in
Eire
,
21
As
.
p.
12.
27.
As
.
p.
1.
yet
it
doth
also
extend
to
the
Iustices
of
the
Kings
Bench
:
because
the
Kings
Bench
is
in
Eire
,
and
higher
then
an
Eire
,
for
if
the
Iustices
in
Eire
doe
sit
in
a
Countie
,
and
the
Iustices
of
the
Kings
Bench
come
thither
,
the
Eire
shall
cease
.
Iu.
of
peace
and
Coroner
shall
enquire
of
escapes
.
30
And
by
the
Statute
of
1.
R.
3.
St.
1.
R.
3.
3.
Iustices
of
Peace
may
enquire
of
all
manner
of
Escapes
,
of
euery
person
arrested
and
imprisoned
for
felonie
.
And
by
the
Statute
of
3.
H.
7.
St.
3.
H.
7.
1.
They
may
enquire
of
the
escape
of
any
that
hath
committed
murder
,
and
make
certificat
thereof
into
the
Kings
Bench.
And
also
by
the
said
Statute
of
3.
H.
7.
the
Coroner
vpon
the
viewe
of
the
dead
body
,
may
enquire
of
the
escape
of
the
murderer
:
for
if
he
doe
commit
the
murder
in
the
day
,
and
escape
,
the
towne
shal
be
amerced
.
And
also
the
Coroner
shall
deliuer
his
Inquisition
therof
to
the
Iustices
at
the
next
Gaole
deliuerie
of
the
same
Countie
.
Trauerse
to
a
presentment
of
an
escape
.
31
Vpon
an
escape
,
for
the
which
no
fine
is
to
be
paied
,
Fi.
Cor.
291
328.
346.
but
an
Amerciament
,
he
or
they
which
be
charged
therewith
,
shal
haue
no
Trauerse
to
the
presentment
thereof
:
Quia
de
minimis
non
curat
lex
.
Escapes
inquirable
in
Leetes
and
Turnes
.
32
Although
Escapes
of
felons
be
at
this
day
inquirable
in
Léetes
,
and
Sherifes
Turnes
,
yet
it
shall
not
be
leuied
,
vntill
it
be
adiudged
before
the
Iustices
:
for
that
should
bee
contrarie
to
the
foresaid
Statute
of
Westminster
1.
The
penalties
of
escapes
33
The
penaltie
of
him
,
which
doth
voluntarily
suffer
one
arrested
for
felonie
to
escape
,
is
the
forfeiture
of
all
that
he
hath
,
because
it
is
felonie
.
The
penaltie
of
him
which
doth
suffer
a
negligent
escape
of
a
felon
,
is
to
pay
a
fine
.
The
penaltie
for
the
escape
of
him
which
was
neuer
arrested
,
is
but
an
amerciament
.
And
if
any
doe
suffer
him
that
is
attainted
of
felonie
,
negligently
to
escape
,
he
shall
pay
to
the
King
for
a
fine
an
hundred
pounds
.
And
if
the
partie
escaping
were
but
indicted
,
and
not
attainted
,
then
he
shall
paie
to
the
King
for
a
fine
a
hundred
shillings
.
If
one
which
is
not
indicted
,
nor
taken
with
the
manner
,
nor
apprehended
at
the
suit
of
the
partie
,
42.
As
.
p.
5.
but
onely
taken
by
a
straunger
for
susption
of
felonie
,
do
escape
,
there
shal
no
penaltie
nor
punishment
follow
thereof
.
But
yet
if
after
the
same
escape
,
he
that
did
escape
,
44.
As
p.
12.
42
As
p.
5.
43.
E.
3.
36
shal
be
indicted
of
felonie
,
or
make
his
abiuration
,
then
he
that
suffered
him
to
escape
,
shall
pay
a
fine
to
the
King
.
Where
a
man
arrested
may
be
set
at
libertie
,
without
further
triall
:
where
not
.
34
If
a
man
be
arrested
of
felonie
by
the
Constable
,
or
some
other
man
,
Kel
.
fo.
34
and
after
he
that
made
the
arrest
hath
intelligence
,
that
there
is
no
such
felony
committed
:
in
this
case
,
he
may
set
the
partie
arrested
at
libertie
,
and
hée
shall
not
be
charged
with
an
escape
:
for
there
can
be
no
felon
where
there
is
no
felonie
committed
.
But
if
a
man
be
slaine
,
and
one
is
arrested
for
the
same
felonie
,
or
for
the
suspition
thereof
,
although
that
he
who
made
the
arrest
,
doth
after
vnderstand
,
44.
As
.
p.
12.
that
the
partie
arrested
,
is
not
guiltie
of
that
offence
,
or
that
the
party
was
arrested
vpon
malice
,
yet
he
may
not
set
the
partie
arrested
at
libertie
,
for
he
must
be
deliuered
by
a
course
of
lawe
,
and
not
by
any
mans
discretion
:
for
as
the
law
hath
taken
knowledge
,
that
a
man
was
arrested
of
felonie
,
so
must
it
take
knowledge
how
he
is
discharged
thereof
.
And
the
same
law
is
,
if
a
man
be
arrested
for
any
other
felonie
committed
,
and
after
set
at
libertie
by
the
partie
,
that
arrested
him
,
or
any
other
&c.
Pursuit
by
Huy
and
Crie
.
FOr
the
preuention
of
felons
,
and
felonies
by
watch
and
ward
,
and
to
the
intent
that
they
which
shall
commit
any
Homicides
,
Burglaries
,
Robberies
,
or
other
felonies
may
be
apprehended
,
and
iustified
by
the
Law
:
Or
if
they
escape
,
and
flie
away
,
that
they
may
be
pursued
and
taken
by
Huy
and
Crie
,
and
committed
to
prison
:
and
to
the
end
that
due
punishment
may
be
inflicted
vpon
those
that
do
not
pursue
,
or
doe
conceale
,
or
not
attach
felons
,
a
Statute
was
made
at
Westminster
Anno
3.
Ed.
1.
by
the
which
it
was
ordained
,
All
men
shall
pursue
the
huy
and
crie
.
St.
3.
E.
1.
9.
That
all
men
generally
shal
be
readie
at
the
commandement
and
summons
of
the
Sheri●es
,
and
at
the
crie
of
the
Countrie
to
pursue
and
arrest
felons
when
neede
shall
be
,
as
well
within
Fraunchises
as
without
;
&
they
that
wil
not
,
and
thereof
be
attainted
,
shal
make
a
grieuous
fine
to
the
King
.
And
if
default
be
found
in
the
Lord
of
a
Franchise
,
the
King
shall
seize
the
Fraunchise
into
his
hands
:
And
if
default
be
in
the
bailife
,
he
shall
be
one
yeare
imprisoned
,
and
after
make
a
grieuous
fine
:
and
if
he
haue
not
whereof
,
he
shall
haue
two
yeares
imprisonment
.
And
if
the
Sherife
,
Coroner
,
or
any
Bailife
,
within
such
franchise
or
without
,
for
reward
or
intreatie
,
Concealement
or
not
attachment
of
felons
or
any
affinitie
,
doe
conceale
,
consent
or
procure
to
conceale
the
felonies
done
in
their
liberties
,
or
otherwise
will
not
attach
or
arrest
such
felons
(
whereas
they
may
)
or
otherwise
will
not
doe
their
offices
,
for
the
fauour
that
they
beare
to
such
offendors
,
and
be
thereof
attained
,
they
shal
be
one
yeare
imprisoned
,
and
make
a
grieuous
fine
;
and
if
they
haue
not
whereof
to
make
fine
,
they
shall
be
thrée
yeares
imprisoned
.
And
by
a
Braunch
of
an
other
Statute
made
the
same
Anno.
3.
Ed.
1.
St.
3.
Ed.
1.
intituled
Officium
Coronatoris
,
it
was
enacted
,
That
vpon
all
Homicides
,
Burglaries
,
men
slaine
,
or
put
in
great
danger
,
huy
and
crie
shall
be
leuied
,
and
euery
man
shall
follow
the
huy
and
crie
,
and
the
offendors
steps
if
it
may
be
:
and
whosoeuer
doth
not
,
and
is
thereupon
conuicted
,
shall
be
attached
to
appeare
before
the
Iustices
of
Gaale
deliuerie
.
Freshsuit
and
inquirie
after
felons
.
2
After
,
by
another
Statute
made
at
Winchester
Anno
13.
Ed.
1.
St.
13.
E.
1.
1
it
was
prouided
,
That
immediately
after
any
felonies
and
robberies
be
committed
,
fresh
suit
shall
be
made
from
towne
to
towne
,
and
from
countrie
to
countrie
,
and
Enquests
shall
be
taken
,
if
néed
be
,
by
him
that
is
chiefe
Lord
of
the
town
,
and
after
in
hundreds
,
franchises
,
and
in
the
countie
,
&
sometime
in
two
,
thrée
,
or
foure
counties
,
in
case
where
felonies
be
committed
in
the
Marches
of
the
Shire
,
so
that
offendors
may
be
attainted
,
and
suffer
punishment
.
And
if
the
countrie
will
not
answer
for
the
bodies
of
such
offendors
,
the
people
dwelling
in
euery
such
countrie
shall
answer
for
the
robberies
done
,
&
the
dammages
:
so
that
the
whole
hundred
where
the
robberie
shall
be
done
,
with
the
franchises
which
be
within
the
same
hundreds
shall
answer
for
the
robberies
done
.
The
penaltie
of
the
countrie
if
a
felon
bee
not
taken
.
And
if
the
robberie
be
done
in
the
diuision
of
two
hundreds
,
then
both
the
hundreds
,
together
with
the
franchises
within
the
precinct
of
them
shall
answer
.
And
the
countrie
shall
haue
no
longer
time
after
the
robberie
and
felonie
committed
,
than
halfe
a
yeare
,
within
the
which
halfe
yeare
they
must
agree
for
the
robberie
,
or
else
they
shal
be
answerable
for
the
bodies
of
the
offendors
.
After
,
by
a
Statute
made
ann
28.
E.
3.
11.
St.
28.
E.
3.
11
it
is
established
,
That
the
countrie
shal
haue
no
longer
terme
after
the
robberie
or
felonie
committed
,
than
fourtie
daies
,
within
which
it
behooueth
them
to
make
gree
of
the
robberie
or
offence
,
or
that
they
answer
the
bodies
of
the
offendors
.
And
whereas
the
said
stat.
of
Winchester
hath
ordained
,
That
immediately
after
any
felonies
and
robberies
be
committed
,
Co.
li.
7.
6.
fresh
suit
shal
be
made
from
towne
to
towne
,
and
from
countrie
to
countrie
:
Though
the
said
Stat.
doth
not
make
mention
in
what
place
,
or
at
what
time
the
robberie
shal
be
done
,
for
the
which
the
countrie
shall
answer
,
if
they
doe
not
pursue
and
apprehend
the
felons
:
yet
the
sages
of
the
law
respecting
the
reason
and
ground
of
that
stat
doe
resolue
,
that
the
robberie
which
the
countrie
must
answer
for
,
is
to
be
committed
in
an
open
place
,
The
place
&
time
of
the
robberie
committed
.
which
the
countrey
may
take
knowledge
of
by
themselues
,
without
huy
and
cry
,
or
other
notice
giuen
to
them
:
for
if
a
man
be
robbed
in
his
house
in
the
night
,
or
day
,
and
the
felons
escape
,
the
hundred
where
the
house
is
shall
not
be
charged
therewith
,
for
euery
mans
house
is
his
castle
,
which
he
must
defend
at
his
owne
perill
,
and
if
a
man
be
robbed
in
his
house
it
shal
be
accounted
his
owne
follie
that
he
did
defend
it
no
better
.
And
other
men
may
not
enter
into
that
house
for
the
safeguard
thereof
,
as
they
may
enter
into
the
common
field
.
And
also
the
robberie
which
the
countrie
must
answer
for
,
is
to
be
committed
in
the
day
time
,
and
not
in
the
night
,
viz.
at
such
times
add
seasons
as
be
meet
for
men
to
trauel
in
,
and
not
at
such
a
time
which
is
ordained
for
men
to
rest
in
.
And
therefore
if
a
man
be
robbed
in
the
morning
before
day
,
the
countrie
shall
not
be
charged
therewith
:
but
if
it
be
during
the
day
light
,
though
the
sunne
be
set
,
the
countrie
shal
be
charged
therewith
:
for
whosoeuer
doth
trauel
during
the
day
light
,
is
in
the
guard
and
protection
of
the
lawe
:
and
if
any
doe
iourney
by
night
,
he
doth
it
at
his
owne
perill
.
St.
13.
E.
1.
4
3
For
the
more
suretie
of
the
countrie
,
and
spéedier
defecting
of
offendors
,
warding
of
walled
towns
by
the
said
Statute
of
Winchester
it
was
enacted
,
That
in
great
townes
beeing
walled
,
the
gates
shal
be
shut
from
the
sunne
setting
vntill
the
sunne
rising
:
and
no
man
shall
lodge
in
the
Suburbs
,
or
any
place
out
of
the
town
,
from
nine
of
the
clocke
vntil
day
,
vnlesse
his
Host
will
answer
for
him
.
And
the
bailifs
of
townes
euery
weeke
,
or
at
the
least
euery
fifteenth
day
,
shall
mak
enquirie
of
all
persons
beeing
lodged
in
the
Suburbes
,
or
in
forraine
places
of
the
townes
,
and
if
they
find
any
that
hath
receiued
any
suspitious
persons
,
not
kéeping
the
Kings
peace
,
the
baylifs
shall
execute
right
and
iustice
therein
.
St.
13.
E.
1●4
.
4
And
by
the
said
statute
of
Winchester
it
was
moreouer
ordained
,
That
in
all
townes
watch
shall
be
kept
,
as
in
times
past
it
hath
beene
vsed
,
That
is
to
say
,
When
the
night
watch
shall
begin
and
end
.
from
the
feast
of
the
Ascension
vntill
Michaelmas
,
in
euery
citie
sixe
men
shall
watch
at
euery
gate
,
in
euery
Borough
twelue
men
,
in
euery
town
sixe
or
foure
,
according
to
the
number
of
the
inhabitants
of
the
towne
,
and
they
shall
watch
the
towne
at
night
from
the
sunne
setting
to
the
sunne
rising
.
And
if
any
stranger
doe
passe
by
them
,
he
shall
be
arrested
vntill
the
morning
,
and
if
no
suspition
be
found
,
he
shall
goe
quit
:
and
if
they
find
cause
of
suspition
,
they
shall
forthwith
deliuer
him
to
the
Shirife
,
and
the
Shirife
shall
receiue
him
without
hurt
,
vntill
he
be
acquited
in
due
manner
.
And
if
he
will
not
obey
the
arrest
,
Resisting
of
arrest
.
they
shall
leuie
Huy
and
Cry
vpon
him
,
and
such
as
kéepe
the
Towne
,
shall
follow
with
Huy
and
Cry
with
all
the
Towne
and
Townes
néere
,
and
from
Towne
to
Towne
,
vntill
he
be
taken
and
deliuered
to
the
Shirife
,
as
is
beforesaid
:
and
for
the
arrestments
of
such
strangers
none
shall
be
punished
.
And
by
the
Statute
of
Anno
5.
H.
4.
St.
5.
H.
4.
3
Iustices
of
Peace
haue
power
to
make
inquisition
in
their
Sessions
from
time
to
time
,
and
to
punish
them
which
be
found
in
default
,
after
the
tenour
of
the
foresaid
statute
of
Winchester
.
Enlarging
of
high
waies
.
5
And
for
the
more
spéedie
apprehension
of
felons
,
and
that
they
may
haue
the
lesse
meanes
to
escape
,
when
they
haue
robbed
,
or
otherwise
offended
,
St.
13.
E.
1.
5.
by
the
said
statute
of
Winchester
it
is
further
established
,
That
the
highwaies
leading
from
one
Market
towne
to
another
shal
be
enlarged
there
where
any
wood
,
hedges
,
or
ditches
be
,
so
that
there
shal
be
no
ditch
,
wood
,
or
bush
where
he
that
doth
lewdly
may
escape
,
within
two
hundred
foot
of
the
high
way
on
the
one
side
,
and
two
hundred
foot
on
the
other
(
but
this
Statute
extendeth
not
to
Ashes
or
great
Trees
.
)
And
if
any
robberies
be
done
by
default
of
breaking
downe
ditches
,
vnderwood
,
and
bushes
,
the
Lord
shall
answer
therefore
:
and
if
it
be
a
murder
,
the
Lord
shal
be
punished
at
the
Kings
pleasure
.
And
if
the
Lord
be
not
able
to
cut
downe
the
vnderwood
,
the
Countrie
shall
helpe
him
.
And
within
the
kings
demesne
woods
in
forrests
and
without
,
the
waies
shal
be
enlarged
as
before
is
said
.
And
if
any
Parke
be
neere
vnto
the
high
way
,
the
Lord
thereof
shall
diminish
it
by
the
space
of
two
hundred
foot
from
the
high
way
,
or
els
make
such
a
wall
,
ditch
,
or
hedge
,
that
offendors
cannot
goe
forward
or
backeward
to
any
hurt
.
6
Because
it
is
very
hard
,
and
extreame
to
many
persons
,
for
that
by
the
foresaid
Statutes
of
13.
Ed.
1.
&
28.
E.
3.
11.
they
do
remaine
charged
with
the
penalties
therein
contained
,
notwithstanding
their
vnabilitie
to
satisfie
the
same
,
and
though
they
do
as
much
as
in
reason
might
be
required
in
pursuing
such
malefactors
&
offendors
,
whereby
both
large
scope
of
negligence
is
giuen
to
the
inhabitants
&
resiants
in
other
hundreds
&
counties
,
not
to
prosecute
the
huy
&
crie
made
,
followed
,
&
brought
vnto
them
,
by
reason
they
are
not
chargeable
for
any
portion
of
the
goods
robbed
,
nor
with
any
dammages
in
that
behalfe
giuen
:
&
also
great
incouragement
&
imboldening
is
likewise
giuen
to
the
offendors
to
commit
daily
more
felonies
and
robberies
,
seeing
it
is
in
a
maner
impossible
for
the
inhabitants
and
resiants
of
the
said
hundred
and
franchise
wherein
the
robberie
is
committed
to
apprehend
them
,
without
the
ayde
of
other
hundreds
and
counties
adioyning
.
And
for
that
also
the
partie
robbed
hauing
remedie
by
the
foresaid
statutes
for
the
recouering
of
his
goods
robbed
and
dammages
against
the
Hundred
wherein
the
robberie
was
committed
,
is
many
times
negligent
and
carelesse
in
prosecuting
and
pursuing
the
saide
malefactors
and
offendors
.
The
Hundred
charged
wher
fresh
sute
shall
cease
.
For
the
qualifying
of
all
which
extreamities
by
a
statute
made
Anno
27.
Eliz.
St.
27.
El.
13
it
was
ordained
,
That
the
inhabitants
and
resiants
of
euery
,
or
any
such
Hundred
(
with
the
franchises
within
the
precinct
thereof
)
wherein
negligence
,
fault
,
or
defect
of
pursute
and
fresh
sute
after
huy
and
crie
made
shall
happen
to
be
,
shall
answer
and
satisfie
the
one
moitie
or
halfe
of
all
and
euery
summe
and
summes
of
money
and
dammages
,
as
shall
by
force
and
vertue
of
the
saide
Statutes
(
viz.
of
13.
Ed.
1.
and
28.
Ed.
3.
)
or
either
of
them
be
recouered
or
had
against
,
or
of
the
same
Hundred
,
with
the
franchises
therein
,
in
which
any
robberie
or
felonie
shall
at
any
time
heereafter
be
committed
or
done
.
And
the
same
moitie
shall
and
may
at
any
time
héereafter
be
recouered
by
action
of
debt
,
bill
,
plaint
,
or
information
in
any
of
the
Quéenes
Courts
of
Record
at
Westminster
,
by
,
and
in
the
name
of
the
Clerke
of
the
Peace
for
the
time
being
,
of
,
The
Clerke
of
the
Peace
shall
prosecute
the
sute
.
or
in
euery
such
Countie
within
this
Realme
where
any
such
robberie
and
recouerie
by
the
party
or
parties
robbed
shal
be
,
without
naming
the
Christian
name
or
the
surname
of
the
saide
Clerke
of
the
Peace
.
Which
moitie
so
recouered
,
shall
be
to
the
only
vse
and
behoofe
of
the
inhabitants
of
the
said
Hundred
,
where
any
such
robberie
or
felonie
shall
be
committed
or
done
.
St.
27.
El.
13
7
If
any
Clerke
of
the
Peace
,
of
,
or
in
any
Countie
within
this
Realme
,
shall
at
any
time
héereafter
commence
,
or
preferre
any
such
sute
,
action
,
or
information
,
and
shall
after
the
same
so
sued
,
commenced
,
or
preferred
,
The
Clerke
of
the
Peace
doth
die
,
or
is
remooued
.
happen
to
die
,
or
to
be
remooued
out
of
his
office
before
recouerie
and
execution
had
,
yet
no
such
action
,
sute
,
bill
,
plaint
,
or
information
sued
,
commenced
,
or
preferred
,
shall
by
such
displacing
,
or
death
,
be
abated
,
discontinued
,
or
ended
.
But
it
shall
and
may
be
lawfull
,
to
,
and
for
the
Clerke
for
the
Peace
next
succéeding
in
the
saide
Countie
,
to
prosecute
,
pursue
,
and
follow
all
,
and
euery
such
action
,
bill
,
plaint
,
sute
,
and
information
for
the
causes
aforesaid
,
so
hanging
and
depending
,
in
such
maner
and
forme
,
to
all
intents
and
purposes
,
as
that
Clerke
of
the
Peace
might
haue
done
,
which
first
commenced
or
preferred
the
said
sute
,
bill
,
plaint
,
or
information
.
8
Although
the
whole
Hundred
where
such
robberies
and
felonies
are
committed
,
with
the
liberties
within
the
precincts
thereof
,
are
by
the
said
two
former
statutes
charged
with
the
answering
to
the
partie
robbed
his
dammages
,
yet
neuerthelesse
the
recouerie
and
execution
by
and
for
the
partie
or
parties
robbed
is
had
against
one
or
a
very
few
persons
of
the
saide
inhabitants
,
and
he
and
they
so
charged
,
haue
not
héeretofore
by
Lawe
had
any
meane
or
way
to
haue
any
contribution
,
of
,
or
from
the
residue
of
the
saide
Hundred
where
the
said
robbery
is
committed
,
to
the
great
impouerishment
of
them
against
whom
such
recouerie
or
execution
is
had
:
for
the
remedy
whereof
by
the
saide
statute
of
Ann
27.
Eliz.
St.
27.
El.
13
it
was
enacted
,
That
after
execution
of
dammages
by
the
partie
or
parties
so
robbed
,
had
,
it
shall
and
may
be
lawfull
(
vpon
complaint
made
by
the
partie
or
parties
so
charged
)
to
,
and
for
two
Iustices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
of
the
same
Countie
,
inhabiting
within
the
saide
Hundred
,
or
neare
vnto
the
same
,
where
anie
such
execution
shall
be
had
,
to
assesse
and
taxe
ratably
,
and
proportionably
,
according
to
their
discretions
all
and
euerie
the
Townes
,
A
remedy
for
an
equall
contribution
.
Parishes
,
Villages
,
and
Hamlets
,
as
well
of
the
saide
Hundred
where
any
such
robberies
shall
be
committed
,
as
of
the
Liberties
within
the
saide
Hundred
,
to
,
and
towards
an
equall
contribution
to
be
had
and
made
for
the
reliefe
of
the
saide
inhabitant
or
inhabitants
,
against
whom
the
partie
or
parties
robbed
before
that
time
had
his
or
their
execution
.
And
that
after
such
taxation
made
,
the
Constables
,
Constable
,
Headboroughs
,
or
Headborough
of
euerie
such
Towne
,
Parish
,
Village
,
and
Hamlet
,
shall
by
vertue
of
this
Act
haue
full
power
and
authoritie
within
their
seuerall
limites
,
ratably
and
proportionably
,
to
taxe
and
assesse
according
to
their
abilities
,
euerie
inhabitant
and
dweller
in
euerie
such
Towne
,
Parish
,
Village
,
and
Hamlet
,
for
,
and
towardes
the
paiment
of
such
taxation
and
assessement
,
as
shall
be
so
made
vpon
euery
such
Towne
,
Parish
,
Village
,
and
Hamlet
,
as
aforesaide
,
by
the
saide
Iustices
.
And
if
any
Inhabitant
of
any
such
Towne
,
Parish
,
Village
,
or
Hamlet
,
shall
obstinately
refuse
and
denie
to
pay
the
saide
Taxation
and
assessement
so
by
the
said
Constables
,
Constable
,
Headboroughs
,
or
Headborough
taxed
&
assessed
:
then
it
shall
and
may
be
lawfull
,
to
,
and
for
the
said
constables
,
&
headboroughs
,
&
euery
of
them
within
their
seuerall
limits
&
iurisdictions
,
to
distraine
all
and
euery
person
and
persons
so
refusing
and
denying
,
by
his
&
their
goods
and
chattels
,
&
the
same
distresse
to
sell
,
and
the
mony
therof
comming
to
retaine
to
the
vse
aforesaid
.
And
if
the
goods
or
chattells
so
distrained
and
solde
,
shall
be
of
more
value
,
than
the
said
Taxation
shall
come
vnto
,
then
the
residue
of
the
said
money
ouer
and
aboue
the
saide
Taxation
,
shall
be
deliuered
vnto
the
said
person
or
persons
so
distrained
.
Deliuering
the
contribute
money
.
9
All
and
euery
the
saide
Constables
and
Headboroughs
,
St.
27.
El.
13
after
that
they
haue
within
their
seuerall
limites
and
iurisdictions
leuied
and
collected
their
said
rates
and
summes
of
mony
so
taxed
,
shall
within
ten
daies
after
such
collection
,
pay
and
deliuer
the
same
ouer
vnto
the
said
Iustices
of
Peace
,
or
one
of
them
,
to
the
vse
and
behoofe
of
the
saide
Inhabitant
or
Inhabitants
,
for
whom
such
rate
,
taxation
,
or
assessement
shall
be
had
or
made
,
as
aforesaide
:
Which
money
so
paied
,
shal
by
the
Iustices
or
Iustice
so
receiuing
the
same
,
be
deliuered
ouer
(
vpon
request
made
)
vnto
the
saide
Inhabitant
or
Inhabitants
,
to
whose
vse
the
same
shall
be
collected
.
Leuying
of
cantribution
.
10
And
the
like
taxation
,
assessement
,
leuying
by
distresse
,
and
payment
,
St.
27.
El.
13
as
aforesaide
,
shall
be
had
and
done
within
euerie
Hundred
where
default
or
negligence
of
pursute
and
fresh
sute
shall
be
,
for
,
and
to
the
benefite
of
all
and
euery
Inhabitant
or
Inhabitants
of
the
same
Hundred
,
where
such
default
shall
be
,
that
shall
at
any
time
héereafter
by
vertue
of
this
Act
,
haue
any
dammages
or
money
leuied
of
them
,
for
,
or
to
the
paiment
of
the
one
moitie
or
halfe
of
the
mony
recouered
against
the
said
Hundred
,
where
any
robberie
shall
be
hereafter
committed
.
No
penaltie
where
any
of
the
offenders
be
apprehended
.
11
Prouided
,
that
where
any
robberie
is
,
St.
27.
El.
13
or
shal
be
hereafter
committed
by
two
or
a
greater
number
of
malefactors
,
and
that
it
happen
any
one
of
the
said
offenders
to
be
apprehended
by
pursute
to
be
made
according
to
the
saide
former
mentioned
Lawes
and
Statutes
,
according
to
this
present
Act
,
that
then
,
and
in
such
case
,
no
hundred
or
franchise
shall
in
any
wise
incurre
,
or
fall
into
the
penaltie
,
losse
,
or
forfeiture
mentioned
either
in
this
present
Act
,
or
in
any
the
saide
former
statutes
,
although
the
residue
of
the
saide
malefactors
shall
happen
to
escape
,
and
not
to
be
apprehended
:
Any
thing
in
this
statute
,
or
in
the
said
former
statutes
to
the
contrary
notwithstanding
.
Which
saide
Braunch
doth
in
some
sort
qualifie
part
of
the
foresaid
statute
of
Winchester
:
for
by
the
saide
statute
,
Col.
7.
fol.
7
the
Country
must
agrée
for
the
saide
robberie
within
halfe
a
yéere
,
or
else
they
shall
be
answerable
for
the
bodies
of
the
saide
offendors
,
which
is
of
all
the
offendors
.
But
by
this
statute
it
is
sufficient
if
they
take
any
of
the
offendors
,
although
not
all
.
St.
27.
Eli.
13
12
Prouided
also
,
Within
what
time
the
sute
shal
be
commenced
.
That
no
person
or
persons
héereafter
robbed
shall
take
any
benefite
by
vertue
of
any
the
saide
former
Statutes
to
charge
any
Hundred
where
any
such
robberie
shall
be
committed
,
except
hée
or
they
so
robbed
shal
commence
his
or
their
sute
or
action
,
within
one
yeere
next
after
such
robberie
so
to
be
committed
.
St.
27.
Eli.
13
13
No
huy
and
crie
,
In
what
maner
huy
and
crie
shal
be
made
.
or
pursute
héereafter
to
be
done
or
made
by
the
Country
,
or
inhabitants
of
any
Hundred
shall
be
allowed
and
taken
to
be
a
lawful
huy
and
crie
,
or
pursute
,
vpon
,
or
after
any
of
the
saide
felons
,
or
offendors
,
except
the
same
huy
and
crie
and
pursute
be
done
and
made
by
horsemen
and
footmen
:
Any
vsage
,
or
custome
to
the
contrary
notwithstanding
.
St.
27.
El.
13
14
No
person
or
persons
that
shal
hereafter
happen
to
be
robbed
,
Notice
must
be
giuen
of
the
robberie
.
shal
haue
or
maintaine
any
action
,
or
take
any
benefite
by
vertue
of
the
saide
two
mentioned
Statutes
,
or
either
of
them
,
except
the
saide
person
or
persons
so
robbed
,
shall
with
as
much
conuenient
spéede
as
may
be
,
giue
notice
and
intelligence
of
the
same
felonie
or
robberie
so
committed
vnto
some
of
the
inhabitants
of
some
Towne
,
Village
,
or
Hamlet
neare
vnto
the
place
where
any
such
robberie
shall
be
committed
:
Nor
shall
bring
or
haue
any
action
vpon
,
or
by
vertue
of
any
the
statutes
aforesaide
,
except
hée
or
they
shall
first
within
twentie
dayes
next
before
such
action
to
be
brought
,
be
examined
vpon
his
or
their
corporall
Othe
to
be
taken
before
some
one
Iustice
of
the
Peace
of
the
Countie
where
the
robberie
was
committed
,
inhabiting
within
the
said
Hundred
where
the
robberie
was
committed
,
The
party
robbed
examined
●
bound
to
prosecute
the
offenders
.
or
neare
vnto
the
same
,
whether
hée
or
they
doe
knowe
the
parties
that
committed
the
said
robberie
,
or
any
of
them
.
And
if
vpon
such
examination
it
be
confessed
,
that
he
or
they
doe
know
the
parties
that
committed
the
saide
robberie
,
or
anie
of
them
,
then
he
or
they
so
confessing
,
shall
before
the
saide
action
be
commenced
,
or
brought
,
enter
into
sufficient
bond
by
Recognisance
before
the
saide
Iustice
,
before
whome
the
saide
examination
is
had
,
effectually
to
prosecute
the
same
person
and
persons
so
knowen
to
haue
committed
the
saide
robbery
,
by
indictment
,
or
otherwise
,
according
to
the
due
course
of
the
Lawes
of
this
Realme
.
15
Because
the
inhabitants
of
the
Hundred
of
Benherst
in
the
countie
of
Berke
consisting
onely
vpon
fiue
small
villages
,
and
three
hamlets
,
and
hauing
in
it
two
great
road
waies
of
three
miles
in
length
at
the
least
,
through
the
Thicket
,
haue
béene
ouercharged
by
seuerall
Braunches
of
the
said
Statute
of
Anno
27.
Eli.
13.
In
reformation
thereof
,
by
a
Statute
made
ann
39.
Elizab.
St.
39.
E.
2●
it
was
enacted
,
That
the
inhabitants
of
the
Hundred
of
Benherst
,
alias
Beinersh
,
within
the
Countie
of
Berke
,
shall
and
may
to
their
owne
proper
vse
,
A
remedy
for
the
inhabitants
of
Benherst
in
Barkshire
.
in
the
name
of
the
Clerke
of
the
Peace
of
the
said
Countie
of
Berke
,
recouer
,
haue
,
and
leuie
all
such
summes
of
money
,
costs
,
and
dammages
as
hereafter
shall
be
recouered
,
or
leuied
,
of
,
or
against
them
by
the
foresaide
Statutes
,
or
any
of
them
,
against
the
inhabitants
and
resiants
of
euery
,
or
any
such
Hundred
,
with
the
franchises
within
the
precincts
thereof
,
wherein
negligence
,
fault
,
or
defect
of
such
pursute
,
and
fresh
sute
(
as
by
the
said
Statute
of
27.
Elizab.
is
appointed
to
be
made
)
shall
happen
to
be
,
after
notice
giuen
,
or
huy
and
crie
brought
to
the
saide
inhabitants
or
resiants
,
or
any
of
them
,
of
,
or
vpon
any
robberies
which
shall
be
at
any
time
héereafter
done
within
the
saide
Hundred
of
Beinersh
.
And
this
present
Act
shal
giue
as
full
power
and
authoritie
in
all
respects
to
the
inhabitants
of
the
saide
Hundred
of
Benherst
(
in
the
name
of
the
Clerke
of
the
Peace
of
the
saide
Countie
)
for
recouerie
,
hauing
,
and
leuying
of
all
the
saide
money
,
costs
,
and
dammages
as
aforesaide
,
as
the
aforesaide
Statute
of
27.
Elizab.
gaue
or
intended
to
giue
for
the
recouerie
of
a
moitie
,
or
one
halfe
thereof
.
Prouided
alwaies
,
that
no
such
remedie
,
or
recouerie
shall
be
had
In
what
cases
onely
the
recouerie
shall
be
had
.
by
this
Statute
,
for
all
,
or
the
whole
summe
or
summes
of
money
,
and
dammages
aforesaide
,
but
onely
in
these
two
Cases
,
viz.
The
one
,
where
no
such
notice
or
intelligence
(
as
by
the
said
Statute
of
27.
Elizab.
was
appointed
to
be
giuen
of
euery
,
or
any
Robberie
)
shall
be
giuen
to
the
inhabitants
of
the
saide
hundred
of
Benherst
alias
Beinersh
:
The
other
where
the
inhabitants
of
the
same
Hundred
(
after
such
notice
of
any
Robberie
to
them
,
or
some
of
them
giuen
,
or
after
huy
and
crie
for
the
same
to
them
brought
)
shall
make
,
or
cause
to
be
made
fresh
sute
,
and
pursute
after
the
offenders
with
horsemen
and
footmen
,
according
to
the
saide
Statute
of
27.
Elizab.
and
where
neuerthelesse
the
offenders
,
or
any
,
or
one
of
them
shall
not
be
apprehended
within
fortie
daies
after
the
Robberie
committed
.
16
Two
ioynt
owners
of
a
sumine
of
mony
,
P.
24.
El.
Di.
370.
which
were
robbed
by
felons
vnknowen
at
A.
in
the
Hundred
of
B.
in
the
countie
of
C.
brought
their
action
against
the
inhabitants
of
the
said
Hundred
of
B.
and
declared
,
that
wheras
huy
and
crie
was
leuied
by
them
,
and
notice
there
giuen
,
and
the
felons
were
not
apprehended
,
nor
descried
,
nor
amends
made
within
the
six
months
,
according
to
the
statute
of
Winchester
:
whereunto
the
defendants
,
viz.
the
inhabitants
of
the
saide
Hundred
of
B.
pleaded
in
barre
of
the
action
,
that
immediately
vpon
the
huy
and
crie
leuied
,
they
made
fresh
sute
from
the
said
Towne
of
A.
where
the
robbery
was
committed
thorow
their
other
townes
vnto
the
towne
of
D.
which
is
next
adioyning
to
the
said
Hundred
,
and
there
huy
and
crie
was
giuen
to
the
inhabitants
of
the
saide
Hundred
.
●●rsute
wil
not
serue
●●thout
apprehensio●
of
th●●●lon●
,
or
descrying
them
.
But
this
maner
of
pursute
was
adiudged
no
excuse
,
according
to
the
meaning
of
the
said
statute
of
Winchester
,
without
apprehending
,
or
answering
of
the
robbe●s
,
or
descrying
of
their
names
,
that
they
might
be
indicted
and
outlawed
.
And
in
this
case
the
plaintifes
may
ioyne
in
action
,
because
they
were
ioynt
owners
of
the
money
:
But
if
the
summes
of
money
had
béene
seuerall
,
and
they
had
seuerall
properties
in
them
,
they
would
not
haue
ioyned
in
Action
.
Arresting
of
him
●hat
is
pu
sued
by
huy
and
crie
.
17
If
a
man
be
driuing
of
cattell
,
and
be
pursued
by
huy
and
crie
,
29.
Ed.
3.
39.
the
Shirifes
Bailiffe
,
or
any
other
,
may
arrest
him
and
the
cattell
supposed
to
be
stolen
,
and
commit
them
to
the
Towne
where
they
be
apprehended
to
answer
to
the
King
,
according
to
the
Lawe
,
though
the
man
arrested
be
not
of
euill
name
,
suspicious
,
nor
a
stranger
in
those
partes
,
nor
indited
.
For
the
Lawe
doth
giue
that
credite
to
huy
and
crie
,
that
euerie
man
is
a
sufficient
Bailiffe
and
officer
to
apprehend
him
that
is
pursued
by
huy
and
crie
,
and
taken
with
the
thing
supposed
to
be
stollen
.
And
therefore
if
one
man
doe
leuie
huy
and
crie
vpon
an
other
without
cause
,
both
the
one
partie
and
the
other
shall
be
attached
to
answer
it
,
as
disturbers
of
the
Peace
.
Appeales
.
WHen
a
murder
,
manslaughter
,
rape
,
burglarie
,
robberie
,
or
other
felonie
is
committed
,
and
that
the
offendor
(
be
he
principall
or
accessorie
)
is
apprehended
by
huy
and
crie
,
or
by
any
other
meanes
,
and
so
by
imprisonment
or
mainprise
brought
to
his
answer
:
Or
otherwise
if
he
flée
and
escape
,
when
he
is
so
discouered
and
knowen
,
that
Processe
may
be
awarded
against
him
by
name
,
to
take
him
,
and
bring
him
into
the
Kings
court
of
his
answer
:
Then
either
the
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
.
Appellant
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
iudgement
&
execution
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
blood
againe
.
If
the
husband
be
killed
by
his
wife
,
The
husband
killed
by
his
wife
.
his
sonne
shall
haue
an
appeale
.
33.
H
8.
Dyer
50
18.
Ed.
4.1
.
And
yet
if
in
that
case
the
King
doe
pardon
the
wife
all
treasons
,
the
sonne
shall
be
barred
of
his
appeale
.
Appeale
of
death
by
the
heire
.
9
If
he
that
was
slaine
,
had
no
wife
liuing
,
at
the
time
he
was
killed
,
then
his
next
heire
by
the
common
Lawe
,
if
he
be
male
,
shall
haue
the
appeale
.
But
if
hée
which
bringeth
the
appeale
be
the
next
heire
male
to
him
that
was
slaine
,
yet
if
there
be
another
liuing
,
which
is
his
heire
by
the
common
Lawe
,
though
not
his
heire
male
,
his
appeale
shall
abate
.
As
if
he
that
was
slaine
had
issue
a
daughter
,
and
no
sonne
,
27.
As
.
p.
25.
Fi.
Cor.
384
his
brother
cannot
maintaine
an
appeale
against
the
offendor
,
though
hée
be
his
next
heire
male
,
because
he
is
not
next
heire
by
the
common
Lawe
to
him
that
was
slaine
,
but
his
daughter
is
.
And
by
the
same
reason
,
a
Bastard
,
nor
the
youngest
sonne
,
which
doth
inherite
lands
in
Borough
English
,
A
Bastard
.
Heire
in
Borough
English
.
shall
not
maintaine
an
appeale
,
because
neither
of
them
is
heire
by
the
common
Lawe
.
It
was
a
custome
in
olde
time
,
if
one
were
found
guiltie
in
an
appeale
of
murder
,
that
his
wife
,
The
maner
of
a
murderers
death
.
and
all
the
nearest
of
his
kinne
,
which
was
murdered
,
11.
H.
4.11
.
Plo.
com
.
306
should
drawe
the
felon
who
committed
the
murder
,
by
a
long
rope
,
to
the
place
of
execution
.
An
appeale
dieth
with
the
Appellant
,
or
by
his
non-suite
&c.
10
This
appeale
of
the
death
of
the
auncester
is
so
tied
and
affixed
to
the
next
heire
male
at
the
Common
Lawe
of
him
that
was
slaine
,
that
if
it
be
once
attached
by
him
,
although
that
hée
die
,
hanging
the
suite
,
or
be
non-suite
therein
,
or
doe
discontinue
the
suite
,
and
that
within
the
yéere
,
38.
H.
6.13
.
9.
H.
7.5
.
16.
H.
7.15
,
yet
the
appeale
is
extinct
for
euer
:
because
it
is
but
a
personall
action
,
and
not
auncestrell
,
(
for
he
that
was
slaine
could
not
haue
maintained
it
:
)
and
therefore
being
but
personall
,
it
doth
die
with
the
person
of
the
appellant
.
But
it
is
otherwise
,
if
the
appeale
were
not
attached
by
the
heire
,
during
his
life
,
11.
H.
4.11
.
●0
.
H.
6.46
but
that
hée
died
before
hée
brought
his
appeale
,
or
died
in
the
life
of
his
auncester
that
was
killed
:
In
that
case
,
hée
which
is
next
heire
male
liuing
,
shall
haue
the
appeale
.
9.
H.
7.5
.
Stamf.
fo.
59
11
If
the
eldest
sonne
,
before
the
appeale
commenced
,
and
within
the
the
yeare
,
doth
release
the
appeale
,
and
then
dieth
,
The
heire
doth
release
,
and
die
.
the
second
sonne
and
euery
other
which
claimeth
as
heire
to
the
partie
slaine
,
shall
bée
barred
thereby
.
16.
H.
7.15
.
38.
H.
6.13
.
12
If
the
eldest
sonne
doe
bring
an
appeale
,
and
hath
iudgement
,
Recouery
and
death
before
execution
.
and
before
execution
of
the
offendor
dieth
,
his
heire
shall
not
haue
execution
:
for
if
he
should
,
he
is
to
haue
it
as
heire
to
him
that
recouered
,
and
not
as
heire
to
the
partie
slaine
:
which
cannot
be
,
for
hée
that
demaundeth
reuenge
of
his
auncestors
death
,
must
make
himselfe
immediate
heire
to
the
same
auncestor
which
was
slaine
,
or
otherwise
his
sute
shall
not
be
allowed
,
which
the
heire
of
the
eldest
sonne
in
this
case
cannot
doe
.
13
If
the
eldest
sonne
,
after
the
title
of
appeale
accrued
vnto
him
,
The
eldest
sonne
disabling
himselfe
.
or
during
the
life
of
his
auncester
that
was
slaine
,
doe
disable
himselfe
by
attainder
of
felonie
,
or
by
being
a
Monke
,
a
Priest
,
or
mayhemed
by
the
Defendant
,
Fitz.
Cor.
235.322
.
or
by
any
other
cause
:
So
that
by
such
disabilitie
hee
cannot
haue
an
appeale
,
yet
the
second
sonne
shall
not
haue
it
.
14
If
the
eldest
sonne
doth
kill
his
father
,
or
his
mother
,
Killing
father
,
mother
,
brother
,
or
wife
.
the
second
sonne
shall
haue
an
appeale
against
him
.
Fi.
Cor.
459.
And
if
there
be
thrée
brethren
,
and
the
middlemost
killeth
the
elder
brother
,
the
youngest
brother
shall
haue
an
appeale
against
him
:
And
yet
in
the
foresaide
cases
,
hée
that
bringeth
the
appeale
,
18.
Ed.
4.1
.
33.
H.
8.
Dyer
50.
is
not
heire
to
him
that
is
slaine
.
And
if
the
husband
doe
kill
his
wife
,
his
sonne
shall
haue
an
appeale
against
him
.
1.
H.
4.6
.
Littl.
vill
.
15
If
the
Lord
doe
kill
his
Villaine
,
the
heire
of
him
that
was
slaine
,
The
Lord
killeth
his
villaine
.
may
haue
an
appeale
against
his
Lord
,
notwithstanding
that
the
Plaintifs
in
the
appeale
is
villaine
to
the
Defendant
:
for
the
villaines
heire
doth
not
sue
for
the
recouerie
of
lands
,
goods
,
or
liberty
from
the
Lord
,
but
onely
for
a
lawfull
reuenge
of
his
auncesters
death
.
And
if
the
villaines
heire
should
not
haue
an
appeale
in
this
case
,
the
said
offence
should
remaine
vnpunished
by
appeale
:
for
none
other
may
pursue
it
.
41.
As
.
p.
14.
45.
Ed.
3.25
27.
Ed.
3.83
.
Kel
.
fol.
120
32.
As
.
p.
8.
16
An
Infant
An
Infant
.
within
the
age
of
twenty
and
one
yeares
,
may
haue
an
appeale
of
the
death
of
his
auncester
,
(
and
in
like
sort
hée
may
haue
any
maner
of
appeale
:
)
But
notwithstanding
,
the
plea
shall
remaine
to
be
tried
,
vntill
he
come
to
his
full
age
of
one
and
twentie
yeares
,
for
that
in
this
case
the
Defendant
cannot
wage
battell
against
him
:
Attamen
quaere
.
A
man
of
70.
yeares
of
age
.
17
A
man
of
the
age
of
thrée
score
and
tenne
yeares
may
haue
an
appeale
of
the
death
of
his
auncestour
,
Fi.
Cor.
385
(
and
in
like
sort
may
haue
any
manner
of
appeale
:
)
and
yet
being
of
that
age
,
hée
shall
put
the
Defendant
from
waging
of
battell
with
him
.
Disabilities
to
bring
an
appeale
.
18
If
the
Plaintife
which
ought
to
sue
the
Appeale
be
attainted
of
treason
,
or
felonie
,
or
a
Monke
,
or
a
Priest
,
or
mayhemed
by
the
Defendant
,
Fi.
Cor.
32●
he
shall
not
haue
an
appeale
.
Disabilities
in
the
appellant
.
19
A
man
that
is
not
of
perfect
memorie
,
or
that
is
deafe
and
dumbe
,
Britton
.
or
a
Lazar
,
or
a
foole
naturall
,
shall
not
haue
an
appeale
of
death
,
nor
any
other
appeale
.
For
battell
cannot
be
waged
against
any
of
them
,
euery
of
them
being
vnperfect
to
performe
the
same
.
Pleading
that
the
appellant
hath
an
elder
brother
.
20
If
one
brother
doe
bring
an
appeale
of
the
death
of
his
auncestor
,
7.
Ed.
4.
15
it
is
no
plea
for
the
appellée
to
say
,
that
the
said
auncestor
,
at
the
time
of
his
death
,
and
after
the
Writ
purchased
,
had
an
elder
brother
named
B.
to
whom
the
appeale
is
giuen
,
and
not
to
him
that
is
plaintife
:
for
it
may
be
,
that
the
same
B.
was
his
brother
of
the
halfe
bloud
.
And
therefore
the
surest
way
is
to
begin
his
plea
with
the
father
of
him
that
was
slaine
,
as
to
say
,
that
such
a
man
tooke
to
his
wife
such
a
woman
,
and
had
issue
betwéene
them
B.
their
eldest
sonne
,
and
hee
which
was
slaine
their
second
sonne
,
and
the
appellant
their
youngest
sonne
,
and
that
he
which
was
slaine
died
,
liuing
B.
their
eldest
sonne
.
The
appellant
in
appeale
of
death
may
sue
by
atturney
.
21
For
that
by
the
common
Lawe
,
hée
that
will
sue
an
appeale
,
must
sue
it
in
proper
person
,
which
sute
is
long
,
and
costly
,
and
maketh
the
partie
appellant
wearie
to
sue
:
For
the
reformation
whereof
it
was
ordained
by
the
Statute
of
Anno
3.
H.
7.
St.
3.
H.
7.
1
That
the
Appellant
in
any
appeale
of
murder
,
or
death
of
a
man
(
where
battaile
by
the
course
of
the
common
Lawe
lieth
not
;
)
may
make
his
atturney
,
and
appeare
by
the
same
,
in
the
saide
appeale
,
after
it
is
commenced
,
to
the
end
and
Execution
of
the
same
.
Who
shall
maintaine
an
appeale
of
robberie
.
22
As
concerning
an
appeale
of
Robberie
,
who
shall
maintaine
it
,
Fi.
Cor.
100
and
for
what
causes
,
it
is
to
bée
obserued
,
That
hée
from
whom
the
goods
be
taken
,
may
haue
the
same
appeale
:
As
the
Seruant
shall
haue
an
Appeale
of
Robberie
,
if
the
goods
of
his
Masters
bée
taken
out
of
his
custodie
and
possession
,
and
yet
hée
had
onely
the
possession
,
but
no
propertie
in
the
goods
robbed
.
A
Carrier
.
And
so
it
is
,
if
a
Stranger
bee
commaunded
to
carrie
another
mans
goods
,
and
as
hée
is
in
carrying
of
them
,
2.
Ed.
4.
15.
hée
is
robbed
of
them
,
and
they
taken
from
him
:
In
this
case
the
same
Stranger
may
haue
an
Appeale
of
Robberie
against
those
Robbers
,
because
hee
standeth
charged
to
him
,
who
commaunded
him
to
carry
the
same
goods
.
Fi.
Cor.
357
23
A
woman
A
woman
.
may
haue
an
appeale
of
robberie
:
and
so
may
an
infant
:
An
Infant
.
Likewise
Executors
Executors
.
may
haue
an
appeale
of
Robberie
,
of
a
Robberie
of
the
Testators
goods
done
to
themselues
,
but
not
done
to
their
Testator
:
for
if
a
man
be
robbed
,
and
after
maketh
his
Executors
,
and
die
,
the
Executors
shall
not
haue
an
appeale
of
Robberie
;
for
an
appeale
,
being
a
personall
action
,
dieth
with
the
partie
,
and
shall
not
accrew
to
his
Executors
.
Fit
.
Cor.
17.
24
A
Villaine
Villaine
.
shall
not
haue
an
appeale
of
robberie
,
against
his
Lord
,
Lord
.
for
any
goods
robbed
,
or
taken
from
him
by
his
said
Lord
:
Because
all
the
goods
of
the
Villaine
be
the
Lords
at
his
pleasure
.
17.
Ed.
3.
13
25
One
may
haue
an
appeale
of
robberie
for
the
King
,
or
the
Quéene
;
Appeale
for
the
King
or
Queene
.
Stealing
the
goods
of
a
man
attainted
of
treason
.
as
of
any
iewelles
,
plate
,
or
other
goodes
of
the
Kings
or
Quéenes
robbed
or
taken
from
him
.
11.
H.
4.
40.
And
a
man
may
be
indicted
of
felonie
,
for
the
stealing
of
goods
of
another
,
that
was
attainted
of
Treason
,
which
goods
by
the
said
attainder
were
forfeited
to
the
King
.
26
There
be
some
Cases
,
where
one
may
haue
an
appeale
of
robberie
,
An
appeale
of
robbery
done
to
an
other
.
though
the
robberie
was
not
done
to
him
,
but
to
another
:
as
if
there
be
two
marchants
,
Fi.
Cor.
392
or
other
tradesmen
,
that
doe
merchandize
,
or
occupie
their
goods
in
common
,
and
one
of
them
is
robbed
,
and
slaine
:
In
this
case
,
the
other
merchant
or
tradesman
,
may
haue
an
appeale
of
robberie
against
the
Robbers
.
And
in
like
sort
,
if
one
doe
steale
my
goods
from
me
,
and
another
doth
steale
them
from
him
:
In
this
case
I
may
haue
an
appeale
against
the
second
felon
,
because
by
the
first
taking
,
the
propertie
was
not
out
of
me
,
for
a
felon
doth
not
claime
any
propertie
in
the
thing
stolen
;
in
such
sort
as
hée
doth
,
4.
H.
7.
5.
13.
Ed.
4.
3.
who
taketh
a
thing
as
a
trespassor
.
27
Touching
an
appeale
of
rape
,
Appeale
of
rape
.
and
who
by
the
Lawe
shall
maintaine
the
same
,
it
is
to
be
noted
,
That
if
a
woman
sole
,
be
rauished
,
she
may
haue
an
appeale
of
rape
.
8.
H.
4.
21.
But
if
a
woman
married
be
rauished
,
she
cannot
haue
an
appeale
without
her
husband
.
28
If
a
woman
couert
be
rauished
,
An
appeale
where
a
woman
rauished
consenteth
.
and
after
she
doth
consent
to
the
rauisher
,
her
husband
onely
shall
haue
an
appeale
of
rape
,
by
the
Statute
of
Anno
6.
Ric.
2.
St.
6.
R.
2.
6
the
words
whereof
be
these
:
It
is
ordained
,
that
wheresoeuer
,
and
whensoeuer
any
Ladies
,
Noblemens
daughters
,
or
other
women
be
rauished
,
and
after
the
same
rape
committed
,
doe
consent
to
the
rauishers
,
as
well
the
rauishers
,
as
they
that
be
rauished
,
and
euerie
of
them
,
shal
be
disabled
,
and
be
disabled
ipso
facto
to
haue
or
challenge
all
manner
of
inheritance
,
dower
,
or
ioint
feoffment
after
the
death
of
their
husbands
,
and
auncestors
.
And
the
husbands
of
such
women
(
if
they
haue
husbands
)
or
if
they
haue
no
husbandes
liuing
,
then
their
Fathers
,
or
other
their
next
knismen
in
blood
,
shall
haue
the
sute
to
prosecute
,
and
may
pursue
against
the
same
offendours
,
and
rauishers
in
this
behalfe
;
and
to
conuict
them
of
felonie
,
though
the
same
woman
after
the
Rape
,
doe
consent
to
the
Rauishers
.
And
in
this
case
the
Defendant
shall
not
wage
battell
,
but
the
truth
of
the
matter
shal
be
tried
by
the
Countrie
.
S.
Felonies
by
Statute
4.
A
lawfull
husband
.
29
The
wordes
of
this
Statute
be
:
That
the
husbands
of
such
women
&c.
which
is
to
be
intended
,
of
her
lawfull
husband
,
That
is
to
say
,
that
her
husband
in
right
and
possession
,
shall
haue
the
Appeale
:
11.
H.
4.
14.
for
neuer
accoupled
in
lawfull
marriage
,
is
a
good
plea
in
barre
against
him
.
And
in
like
sort
it
is
if
the
appeale
be
brought
by
the
husband
and
wife
,
because
the
appeale
is
in
the
right
;
and
so
hée
must
be
her
lawfull
and
rightfull
husband
,
that
must
maintaine
the
appeale
alone
,
or
iointly
with
his
wife
.
Where
the
father
or
kinsman
shal
haue
an
appeale
of
rape
.
30
This
Statute
of
6.
Ric.
2.
doth
giue
the
appeale
for
default
of
the
husband
to
the
father
,
or
to
some
other
their
next
kinsman
in
blood
;
and
so
by
the
expresse
words
of
this
Statute
,
an
appeale
of
rape
is
giuen
to
the
father
:
and
yet
hée
shall
not
haue
an
appeale
,
of
the
death
of
his
sonne
,
or
daughter
.
And
where
the
said
statute
doth
giue
the
appeale
for
default
of
the
husband
,
to
the
father
,
or
&c.
That
is
to
be
intended
,
where
the
woman
doth
consent
to
the
rauisher
:
St.
13.
E.
1.
34
for
otherwise
the
woman
shall
haue
an
appeale
vpon
the
statute
of
Westminster
2.
31
If
a
Lord
doe
rauish
his
Niefe
,
A
Lord
rauisheth
his
niefe
Fit
.
Cor.
17
she
shall
not
haue
an
appeale
of
Rape
against
him
:
But
the
King
shall
punish
him
by
indictment
.
Pledges
in
rape
.
32
It
appeareth
by
the
statute
intituled
Officium
Coronatoris
,
St.
3.
Ed.
1.
That
if
any
be
appealed
of
rape
,
hée
shall
be
attached
by
foure
or
sixe
pledges
,
if
the
appeale
be
fresh
,
and
the
signe
of
truth
apparant
,
by
effusion
of
blood
,
or
an
open
outcrie
leuied
.
But
if
it
be
without
any
manifest
token
,
or
outcrie
,
two
pledges
shall
suffice
.
Within
what
time
an
appeale
shal
be
commenced
.
33
The
before
mentioned
Statute
of
Gloucester
hath
ordained
,
St.
6.
Ed.
1.
9
That
an
appeale
shall
not
be
abated
,
for
default
of
fresh
sute
,
where
a
man
doth
sue
,
within
a
yéere
and
a
day
,
after
the
déede
done
.
These
words
of
the
Statute
be
generall
,
not
making
mention
more
,
of
an
appeale
of
death
,
than
of
an
appeale
of
any
other
felonie
:
But
yet
conferring
them
,
with
the
other
words
in
the
statute
,
they
may
be
intended
specialy
to
extend
to
an
appeale
of
death
,
and
to
none
other
appeale
:
for
if
a
man
that
is
robbed
doth
make
fresh
sute
,
7.
H.
4
:
44.
and
doe
his
endeuour
to
apprehend
the
felon
,
and
vse
all
his
diligence
to
find
him
,
although
he
doe
not
commence
his
appeale
,
two
or
thrée
yeares
after
the
robberie
committed
,
yet
he
may
then
well
pursue
it
.
And
so
in
appeale
of
robberie
,
fresh
sute
shall
be
decided
by
the
discretion
of
the
Iustices
.
H.
22.
Ed.
4
39.
But
in
an
appeale
of
death
,
it
is
a
good
plea
for
the
Defendant
to
pleade
,
that
he
of
whose
death
,
this
appeale
is
pursued
,
died
aboue
a
yeare
and
a
day
,
before
the
said
appeale
commenced
.
34
The
words
of
the
foresaid
Statute
of
Gloucester
be
,
St.
6.
Ed.
1.
9
That
a
man
shall
pursue
his
Appeale
,
within
a
yeare
and
day
,
after
the
déed
done
.
From
what
time
the
yeare
shal
haue
relation
,
touching
an
appeale
.
And
therefore
if
one
man
doe
strike
another
vpon
one
day
,
and
he
dieth
of
the
same
stroake
certaine
daies
after
,
Co.
l.
4.
42
the
Appeale
shal
be
commenced
within
the
yeare
and
day
after
the
death
,
and
not
within
the
yeare
and
day
after
the
stroake
giuen
:
for
there
was
no
felonie
committed
,
vntill
the
man
was
dead
.
But
yet
if
one
man
doe
giue
to
another
a
mortall
wound
in
Februarie
,
and
the
king
doth
in
April
next
giue
pardon
to
the
offendor
of
all
felonies
before
that
time
committed
,
Plo.
com
.
f.
401
and
the
partie
stricken
doth
die
of
the
same
wound
in
May
following
;
How
the
K.
pardon
shal
haue
relation
.
this
pardon
shall
discharge
the
offendor
,
because
the
wound
giuen
by
the
offendor
was
the
cause
of
the
felonie
,
the
which
wound
was
the
offence
towards
the
King
,
and
that
the
king
hath
pardoned
,
and
so
thereby
the
death
of
the
partie
,
and
all
other
things
depending
vpon
the
same
offence
be
pardoned
.
35
Where
the
words
of
the
Statute
of
Gloucester
be
,
The
yere
shall
haue
relation
to
that
offence
.
That
a
man
shall
pursue
his
Appeale
within
a
year
and
a
day
after
the
deed
done
:
St.
6.
E.
1.
9.
Those
words
(
viz.
the
déed
done
)
shal
be
intended
of
the
felonie
whereupon
the
appeale
is
commenced
:
for
if
one
be
accessorie
to
another
a
yeare
after
the
homicide
or
murder
committed
,
26.
Ass.
p.
52
an
appeale
shal
be
pursued
against
him
,
and
yet
it
is
not
within
the
yeare
and
day
after
the
homicide
or
murder
committed
.
S.
Br.
52.
St.
3.
E.
1.
13
36
It
appeareth
by
Britton
,
and
also
by
the
Statute
of
Westminster
1.
that
an
appeale
of
Rape
ought
to
be
commenced
within
fourtie
daies
after
the
fact
done
:
Within
what
time
an
appeal
of
rape
shal
be
commenced
.
But
then
Rape
was
but
a
trespasse
,
which
after
by
the
Statute
of
Westminster
2.
was
made
felonie
.
St.
13.
E.
1.
34.
In
which
Statute
of
Westminster
2.
there
is
no
time
limited
,
within
the
which
a
woman
shal
be
compellable
to
pursue
her
Appeale
of
Rape
.
And
therefore
it
séemeth
she
is
at
libertie
to
bring
it
when
she
will
,
so
that
it
be
within
a
reasonable
time
.
18.
Ed.
3.
32
37
An
appeale
ought
to
be
brought
in
the
Countie
where
the
felonie
was
committed
,
as
if
it
be
murder
or
homicide
,
In
what
countie
an
appeale
shal
be
brought
.
where
the
same
murder
or
homicide
was
done
:
But
if
a
man
be
striken
in
one
county
,
and
then
goeth
into
another
countie
,
and
there
dieth
of
the
same
wound
,
by
the
common
law
an
appeale
may
be
commenced
either
in
the
countie
where
the
stroake
was
giuen
,
A
man
stricken
in
one
countie
dieth
in
another
.
or
in
the
countie
where
the
partie
stricken
did
after
die
,
and
the
trial
thereof
shal
be
by
the
Iurors
of
both
the
counties
,
3.
H.
7.
12.
4.
H.
7.
18.
viz.
as
well
of
the
countie
where
he
was
stricken
,
as
of
the
countie
where
he
died
.
And
so
it
was
at
the
plaintifes
pleasure
to
bring
his
appeale
in
which
of
those
two
counties
he
would
.
But
since
by
the
Statutes
of
Anno
2.
&
3.
E.
6.
St.
2.
&
3.
E.
6.
24.
it
is
ordained
,
That
where
any
person
shal
be
feloniously
stricken
,
or
poisoned
in
one
countie
,
and
die
of
the
same
stroake
or
poysoning
in
another
countie
,
then
an
indictment
thereof
found
by
Iurors
of
the
countie
where
the
death
shall
happen
(
whether
it
be
found
before
the
Coroner
,
vpon
the
sight
of
such
dead
bodie
:
or
before
the
Iustices
of
peace
,
or
other
Iustices
or
Commissioners
,
which
shall
haue
authoritie
to
enquire
of
such
offences
)
shal
be
as
good
in
law
,
as
if
the
stroake
or
poysoning
had
béene
committed
in
the
same
countie
,
where
the
partie
shall
die
,
or
where
such
inditement
shal
be
found
.
And
such
party
,
to
whom
appeale
of
murder
shal
be
giuen
by
the
law
,
may
commence
,
take
,
and
sue
Appeale
of
murder
in
the
same
countie
where
the
partie
so
feloniously
stricken
or
poysoned
shall
die
,
as
well
against
the
principal
and
principals
,
as
against
euery
accessorie
to
the
same
offences
,
in
whatsoeuer
countie
or
place
the
accessorie
shal
be
guiltie
to
the
same
.
And
the
Iustices
before
whom
any
such
appeale
shall
be
commenced
,
sued
,
and
taken
within
the
yeare
and
day
,
after
such
murder
&
manslaughter
committed
,
shall
procéede
against
euery
such
accessorie
,
in
the
same
countie
,
where
such
appeale
shal
be
so
taken
,
in
like
manner
and
forme
,
as
if
the
same
offence
of
accessorie
,
had
beene
committed
in
the
same
countie
,
where
such
appeale
shal
be
so
taken
,
as
well
by
the
triall
of
the
Iurors
of
the
countie
,
where
such
appeale
shal
be
taken
,
vpon
the
plea
of
not
guiltie
,
pleaded
by
such
offendor
,
Accessories
in
other
offences
sauing
murder
.
as
otherwise
.
But
note
that
no
Appeale
is
giuen
by
this
Statute
,
Stamford
.
nor
remedie
prouided
against
accessories
in
a
forreine
countie
,
of
other
felonies
(
sauing
for
murder
or
manslaughter
)
but
the
same
is
left
to
the
common
law
.
In
what
countie
an
appeale
of
Rape
shall
be
brought
.
38
An
appeale
of
Rape
ought
to
be
brought
in
the
countie
where
the
Rauishment
was
done
.
And
therefore
if
a
man
doe
take
a
woman
against
her
will
in
one
countie
,
and
then
carrie
her
into
another
countie
,
and
there
doe
rauish
her
,
the
appeale
shal
be
onely
commenced
in
the
countie
where
the
rauishment
was
committed
.
3.
H.
7.
12.
And
though
shee
doe
declare
of
the
taking
of
her
in
another
countie
,
yet
it
shal
be
tried
onely
in
the
countie
where
the
appeale
is
brought
:
for
the
declaring
of
taking
of
her
in
another
countie
,
was
but
surplusage
,
and
néeded
not
to
haue
béene
inserted
,
which
doth
not
cause
her
count
to
abate
.
And
in
this
case
the
woman
appellant
shall
recouer
nothing
but
the
defendants
death
for
the
felonie
,
which
she
shall
obtaine
in
respect
of
his
rauishment
of
her
in
the
countie
,
wherunto
he
forcibly
carried
her
,
wherein
only
the
felonie
was
committed
.
Appeale
of
Robberie
.
39
By
the
same
reason
if
a
man
doe
take
another
by
force
in
one
countie
,
3.
H.
7.
12.
and
then
carrie
him
into
another
countie
,
and
there
robbe
him
,
or
kill
him
:
an
appeale
of
felonie
shal
be
commenced
onely
in
the
countie
where
the
robberie
or
murder
was
done
:
for
the
taking
,
and
carrying
him
away
out
of
the
first
countie
was
but
trespasse
,
and
there
was
no
felonie
committed
,
vntill
the
robberie
or
murder
was
committed
.
Threatning
in
one
county
to
bring
money
into
another
.
40
If
one
man
doe
threaten
another
in
one
countie
that
he
will
kill
him
if
he
doe
not
bring
him
a
summe
of
money
into
another
countie
such
a
day
:
44.
E.
3.
14
4.
H.
4.
3.
In
this
case
,
if
he
that
is
threatened
,
doe
in
respect
of
that
menace
,
carrie
,
and
pay
the
said
summe
of
money
to
him
that
threatened
him
,
according
to
his
promise
in
the
said
other
countie
:
this
is
robberie
,
though
the
partie
néeded
not
to
haue
paid
the
said
money
according
to
his
promise
,
for
that
his
said
promise
was
by
menace
,
and
not
voluntarie
,
nor
vpon
cause
.
And
there
is
reason
that
the
appeale
of
robberie
shal
be
commenced
in
the
countie
where
the
money
was
paid
,
and
not
in
the
countie
where
the
menace
was
made
:
for
the
effect
and
successe
of
the
matter
maketh
it
felonie
,
which
is
the
paiment
of
the
money
;
and
not
the
first
cause
,
which
was
the
threatening
.
Goods
robbed
caried
into
diuers
counties
41
If
a
felon
commit
a
robberie
in
one
countie
,
7.
H.
7.
44
4.
H.
7.
5.
and
then
carrie
the
goods
stolen
into
diuers
other
counties
,
hee
that
is
robbed
may
haue
his
appeale
of
felonie
in
which
of
those
Counties
he
will
:
for
the
felon
committeth
felonie
in
euerie
of
the
Counties
,
Co.
li.
7.
2.
26.
As
.
p.
32.
whither
he
carrieth
any
of
the
goods
:
And
in
which
of
those
Counties
the
partie
robbed
doth
commence
his
Appeale
of
Felony
,
there
it
shal
be
tried
:
for
the
propertie
of
those
goods
was
alwayes
in
the
first
and
right
owner
of
them
.
But
he
that
is
robbed
may
commence
his
Appeale
of
Robberie
onely
in
that
Countie
where
hee
was
robbed
,
for
there
is
no
robberie
done
but
in
that
Countie
onely
.
But
if
a
man
being
in
one
Countie
,
doe
procure
another
man
to
commit
a
robberie
in
another
Countie
,
29.
H
▪
8.
Dyer
40
which
he
doth
accordingly
:
in
this
case
the
partie
robbed
shall
haue
his
Appeale
of
Robberie
against
the
said
procurer
,
as
accessorie
to
this
felonie
,
in
the
Countie
where
the
procurement
was
,
and
not
where
the
robberie
was
committed
;
for
there
was
his
felonie
committed
,
where
he
did
persuade
and
procure
the
robberie
to
be
done
.
42
He
that
may
pursue
an
Appeale
,
is
at
his
choyce
,
whether
he
will
haue
it
by
writ
,
Britton
.
or
by
bill
.
If
he
pursue
it
by
bill
,
Before
Whome
an
appeale
shal
be
broght
.
then
he
must
find
to
the
Sherife
in
the
full
Countie
,
two
sufficient
pledges
,
being
of
the
Countie
where
the
felonie
was
committed
,
and
distrainable
within
the
sayd
Countie
,
that
hee
shall
prosecute
his
Appeale
according
to
the
law
of
the
Realme
,
and
he
shal
be
thereunto
receiued
.
And
then
the
Coroner
shall
enter
his
Appeale
,
and
the
names
of
his
pledges
:
22.
As
.
p.
97.
and
after
the
Baily
of
the
place
where
the
felonie
was
committed
,
shall
be
commaunded
,
that
he
shall
bring
the
bodies
of
those
that
be
appealed
,
to
the
next
Countie
Court
,
to
answer
to
the
plaintife
.
And
if
the
Baily
doe
answer
at
the
second
Countie
Court
,
that
he
cannot
find
them
,
then
it
shall
bee
ordained
,
that
they
which
be
principall
Appellees
of
the
fact
,
shall
bée
solemnly
commaunded
to
yéeld
to
the
Kings
peace
,
and
to
appeare
,
and
stand
to
the
answer
of
such
a
felonie
,
whereof
they
be
appealed
:
And
so
they
shall
be
demanded
from
Countie
to
Countie
,
vntill
they
do
appeare
,
or
bee
Outlawed
.
And
yet
because
the
Statute
of
Magna
Charta
hath
ordayned
,
That
no
Sherife
,
Constable
,
St.
9.
H.
3.
17
Escheator
,
Coroner
,
or
other
Bailife
of
the
Kings
,
shall
hold
plea
of
the
Crowne
,
It
is
agréed
for
law
,
that
vpon
an
Appeale
commenced
before
the
Sherife
and
the
Coroners
,
although
they
may
award
proces
against
the
Appellées
vntil
the
Exigent
,
yet
they
cannot
award
the
Exigent
against
the
Appellée
,
if
he
do
not
appear
:
neither
if
he
do
appear
,
they
can
cause
him
to
answer
,
but
onely
they
may
commit
him
to
prison
,
and
that
by
force
of
the
sayd
statute
of
Magna
Charta
.
43
When
an
appeale
is
commenced
before
the
Sherife
and
the
Coroners
in
the
countie
,
it
may
be
remooued
into
the
Kings
bench
by
a
Certiorari
,
Remoouing
an
appeale
out
of
the
countie
.
which
must
be
awarded
out
of
the
Chauncerie
,
or
out
of
the
Kings
bench
,
and
is
to
be
directed
to
the
Sherife
and
the
Coroners
:
which
prooueth
that
an
appeale
is
begunne
,
and
of
Record
,
as
well
before
the
Sherife
,
as
before
the
Coroners
:
according
to
the
Statute
of
West
.
St.
3.
E.
1.
10
1.
which
hath
ordained
,
That
the
Coroners
shall
lawfully
attach
,
and
represent
the
pleas
of
the
Crowne
,
and
that
the
Sherife
shall
haue
counter-rolles
with
the
Coroners
,
as
well
of
appeals
as
of
Enquests
,
of
Attachments
,
or
other
things
that
doe
belong
vnto
this
office
.
And
therefore
a
Certiorari
to
remooue
an
appeale
directed
to
the
sherife
onely
is
voyd
:
4.
H.
6.
15
and
an
appeale
of
murder
may
be
commenced
,
as
well
before
the
Sherife
,
as
before
the
Coroners
,
as
it
is
prooued
by
these
words
of
the
Statute
of
3.
H.
7.
St.
3.
H.
7.
1
viz.
The
wife
or
heire
of
the
person
slaine
,
or
murdered
,
as
case
shal
require
,
may
commence
their
appeale
in
proper
person
,
at
any
time
within
the
yeare
after
the
felonie
done
,
before
the
Shirife
and
Coroners
of
the
Countie
,
where
the
said
felonie
and
murder
was
done
,
or
before
the
King
in
his
Bench
,
or
Iustices
of
Gaole
deliuerie
.
44
An
appeale
by
Bill
may
be
commenced
before
Iustices
of
Gaole
deliuerie
:
An
appeale
before
Iustices
of
Gaole
deliuerie
.
but
then
the
Appellée
at
the
time
of
the
Appeale
begun
against
him
,
13.
H.
4.
10.
9.
H.
4.
2.
must
be
prisoner
in
the
same
Gaole
,
whereof
those
Iustices
are
to
make
deliuerie
,
or
else
such
an
appeale
is
not
to
be
receiued
:
Or
otherwise
one
of
them
at
the
least
,
against
whom
and
others
the
said
appeale
is
entred
,
ought
to
be
prisoner
in
the
same
Gaole
,
and
if
not
,
the
same
appeale
is
void
.
S.
Approuers
19.
St.
28.
E.
1.
9.
H.
4.
2.
Yet
an
approuer
may
appeale
others
that
are
not
in
prison
,
but
at
large
:
which
is
by
force
of
the
statute
of
28.
Ed.
1.
de
Appellatis
.
And
when
an
appeale
is
commenced
before
Iustices
of
Gaole
deliuerie
against
diuers
,
whereof
there
is
but
one
in
prison
before
them
,
this
appeale
ought
to
be
remooued
into
the
Kings
bench
by
a
Certiorari
,
and
from
thence
proces
shall
be
awarded
against
them
which
be
at
large
.
Anno
1.
M.
Dyer
99.
And
Iustices
of
Assise
may
hold
plea
of
appeales
of
robberie
,
An
appeale
before
Iu.
of
Assise
.
by
the
commission
of
Gaole
deliuerie
.
An
appeale
before
the
I.
of
the
Kings
Bench.
45
As
well
as
Iustices
of
Gaole
deliuerie
,
and
the
Sherife
and
Coroners
haue
authoritie
to
receiue
an
appeale
by
Bill
,
17.
Ed.
3.
13
in
like
sort
Iustices
of
the
kings
bench
haue
power
to
accept
an
appeale
by
Bill
:
for
they
be
the
soueraigne
coroners
of
the
Realme
.
Appeale
against
one
Bayled
.
46
If
one
be
in
prison
for
felonie
in
the
Kings
bench
,
21.
H.
7.
33.
32.
H.
6.
4.
or
before
the
Iustices
of
Gaole
deliuerie
,
and
after
let
to
baile
,
yet
an
appeale
by
bill
may
be
commenced
against
him
,
for
he
is
a
prisoner
notwithstanding
that
bailement
:
for
they
which
tooke
him
in
batle
,
be
his
guardians
,
and
shall
be
charged
if
he
escape
:
&
some
doe
affirme
that
they
may
imprison
him
;
and
some
do
hold
,
that
they
shall
be
hanged
for
him
.
And
vpon
his
bailement
he
shall
find
sureties
to
answer
to
all
persons
.
No
appeale
against
him
that
is
let
by
mainprise
.
But
an
appeale
is
not
to
be
pursued
against
him
,
9.
Ed.
4.
2.
39.
H.
6.
27.
who
is
let
at
libertie
by
mainprise
:
for
that
he
is
not
in
ward
.
No
appeale
before
Iustices
of
peace
.
47
Some
doe
affirme
that
an
appeale
may
be
commenced
before
Iustices
of
peace
,
for
they
haue
authoritie
by
their
commission
,
44.
E.
3
▪
44.
and
by
the
Statute
of
18.
Ed.
3.
2.
to
heare
and
determine
felonies
.
But
others
doe
hold
,
that
they
must
onely
procéed
vpon
indictment
found
by
a
Iurie
before
them
,
and
not
vpon
an
appeale
prosecuted
at
the
suit
of
the
partie
grieued
:
for
the
words
of
their
commission
be
,
Ad
inquirendum
per
Sacramentum
proborum
&
legalium
hominum
de
comitatu
praedicto
,
per
quos
rei
veritas
melius
sciri
poterit
,
de
omnibus
&
omnimodis
felonijs
&c.
Et
ad
omnia
&
singula
felonias
&c.
indictamenta
praedicta
,
caeteraque
omnia
&
singula
premissa
,
secundum
leges
&
statuta
regni
nostri
Angliae
(
prout
in
huiusmodi
casu
fieri
consueuit
aut
debuit
,
)
audiendum
&
terminandum
.
By
which
words
it
is
to
be
inferred
,
that
they
shall
enquire
and
punish
at
the
Kings
suit
vpon
indictment
,
and
not
at
the
parties
suit
by
appeale
,
such
felonies
as
shall
bee
committed
within
their
Iurisdiction
.
48
If
one
of
the
Kings
subiects
doe
kill
another
of
his
subiects
in
a
forrain
Realm
,
the
wife
or
next
heire
of
him
that
was
slain
,
as
the
case
requireth
,
An
appeale
before
the
Constable
and
Marshall
.
may
haue
an
appeale
of
the
same
death
in
England
,
before
the
Constable
&
Marshall
of
England
,
St.
1.
H.
4.
14
by
force
of
the
Statute
of
1.
H.
4.
which
doth
ordaine
,
That
all
appeales
of
things
committed
within
the
Realme
,
shall
be
tried
and
determined
by
the
lawes
of
the
Realme
;
and
of
things
committed
out
of
the
realme
,
before
the
Constable
and
Marshall
of
England
for
the
time
being
.
And
no
appeales
fromhenceforth
shal
be
made
or
pursued
in
Parliament
.
No
appeale
in
Parliament
.
Bracton
.
Britton
.
49
It
doth
appeare
by
Bracton
and
Britton
,
Where
there
shal
be
diuers
appeales
for
one
felonie
,
and
where
not
.
that
one
might
haue
had
in
former
ages
,
one
appeale
against
the
principall
,
and
another
against
the
Accessories
:
but
since
that
law
is
changed
,
viz.
The
appellant
shall
haue
but
one
appeale
,
Co.
li.
4.
47.
in
the
which
he
must
comprehend
as
well
the
principals
as
the
accessories
,
vnlesse
it
be
in
speciall
cases
:
and
that
is
confirmed
by
the
Stat.
of
West
.
1.
St.
3.
E.
1.
14
which
doth
ordaine
,
That
no
person
shall
be
outlawed
vpon
appeale
of
commandement
,
force
,
aide
,
or
receit
,
vntill
the
principall
be
attainted
.
But
the
appellant
shall
not
let
to
attach
his
appeale
at
the
next
countie
,
as
well
against
the
accessorie
,
as
against
the
principall
:
But
the
Exigent
against
the
accessorie
shall
staie
vntill
the
principall
be
attainted
,
by
outlawrie
or
otherwise
.
9.
H.
4.
1.
50
In
an
appeale
against
two
,
if
one
doe
appeare
,
One
only
appeale
for
one
felonie
.
and
the
other
make
default
,
yet
the
plaintife
shall
count
against
them
both
:
and
the
same
law
which
compelleth
the
appellant
to
count
at
one
time
against
them
both
,
doth
enforce
him
to
sue
his
appeale
against
them
both
:
for
if
an
appellant
doe
bring
an
appeale
against
one
person
,
Co.
l.
4.
47
and
the
appellée
is
attainted
and
hanged
at
his
suit
,
and
after
he
will
bring
an
other
appeale
against
one
,
or
two
others
,
for
the
same
offence
,
he
shall
take
no
benefit
by
his
suit
,
for
he
should
haue
ioyned
them
all
in
his
first
appeale
.
47.
E.
3.
16.
And
the
same
law
is
,
if
the
first
appellée
had
béene
acquited
,
or
that
the
appellant
had
bin
Non
,
suit
after
apparance
.
51
It
séemeth
that
in
some
cases
at
this
day
,
one
may
haue
diuers
appeals
for
one
felonie
:
Where
diuers
appeales
for
one
felonie
.
as
if
one
in
one
countie
doe
procure
another
to
robbe
a
man
in
another
countie
:
In
this
case
,
the
partie
robbed
shall
haue
one
appeale
against
the
principall
in
one
countie
,
and
another
against
the
accessorie
in
another
countie
:
or
otherwise
he
should
be
without
his
remedie
against
the
accessorie
by
Appeale
.
St.
2.
&
3.
E.
6.
24.
But
by
the
Statute
of
Anno
2.
&
3.
E.
6.
if
one
in
one
countie
doe
procure
another
to
kill
a
man
in
another
countie
,
hee
to
whom
the
appeale
of
murder
is
giuen
,
shall
commence
his
appeale
in
the
countie
where
the
partie
shall
die
.
S.
Br.
37.
26.
Ass.
p.
52
Co.
li.
4.
48.
52
And
so
it
is
,
Two
appeals
founded
vpon
one
felonie
.
if
the
Appellant
doe
commence
his
appeale
against
the
principall
within
a
yeare
and
a
day
after
the
felonie
committed
,
and
after
the
said
appeale
commenced
,
another
will
receiue
the
same
felon
:
In
this
case
the
appellant
may
pursue
another
appeale
against
the
said
accessorie
,
for
these
two
be
seuerall
felonies
,
which
began
at
seuerall
times
.
S.
Br.
35.
Robbery
of
seuerall
parcels
of
goods
.
53
If
a
man
be
robbed
of
two
seuerall
parcels
of
goods
at
one
time
,
he
cannot
haue
two
seuerall
appeales
for
them
,
and
put
parcel
of
the
goods
robbed
in
one
appeale
,
and
parcel
in
another
:
Fit
.
Cor.
100
but
he
must
commence
one
appeale
for
the
whole
,
or
for
parcel
.
And
if
he
doe
bring
his
appeale
but
for
parcell
,
he
shal
loose
the
residue
of
the
goods
robbed
,
and
the
king
shall
haue
them
,
for
he
cannot
enlarge
his
appeale
.
Where
one
shall
answer
to
diuers
appeales
or
indictments
.
54
If
one
man
robbe
seuerall
men
,
euery
of
the
persons
robbed
may
haue
an
appeale
against
the
felon
.
And
although
he
be
attainted
at
the
suit
of
one
of
them
,
yet
he
shal
be
tried
at
the
suit
of
the
others
,
vpon
their
appeales
,
if
it
be
so
that
they
haue
commenced
their
appeales
before
the
said
attainder
.
4
Ed.
4.
11.
7.
H.
4.
31.
Fi.
Cor.
379
And
if
he
be
found
culpable
at
their
seuerall
suits
,
and
that
they
haue
made
fresh
suite
,
they
shall
haue
their
goods
againe
which
were
taken
from
them
by
robbery
,
as
well
as
he
shall
,
at
whose
suit
he
was
first
attainted
.
4
Ed.
4.
11
And
those
last
Enquests
shal
be
taken
at
the
suit
of
the
parties
,
and
not
be
adiudged
Enquests
of
office
.
But
if
the
other
who
haue
cause
of
appeale
,
doe
not
commence
their
appeales
,
vntill
the
appellée
be
attainted
,
at
the
suit
of
the
first
appellant
,
and
that
in
the
same
countie
where
they
ought
to
haue
prosecuted
their
appeals
,
after
such
attainder
,
they
shal
not
be
receiued
to
commence
them
.
But
yet
,
Fi.
Cor.
227
M.
10.
H.
4.
if
after
such
first
attainder
the
king
will
graunt
to
the
partie
attainted
his
pardon
,
then
he
shal
answer
to
the
said
appeales
so
commenced
against
him
after
his
Attainder
:
yea
and
for
the
Kings
aduantage
,
a
man
attainted
of
felonie
,
shall
answer
to
an
offence
committed
before
any
pardon
was
graunted
vnto
him
.
1.
H.
6.
5.
As
a
man
being
attainted
of
felonie
,
shal
be
put
to
answer
to
a
treason
before
committed
,
because
in
that
case
the
King
is
to
haue
the
Escheat
.
But
in
an
appeale
of
murder
,
or
rape
,
the
lawe
doth
differ
from
the
before
mentioned
case
of
appeale
of
robberie
:
for
if
in
appeale
of
murder
or
rape
,
the
offendor
bee
attainted
at
the
first
appellants
suit
,
hee
shall
not
be
put
to
answer
to
other
appeales
brought
after
for
murder
or
rape
,
though
they
were
commenced
before
the
appellées
attainder
:
séeing
the
appellants
are
not
to
haue
any
restitution
of
goods
,
or
other
benefit
thereby
,
but
only
the
attainder
of
the
appellee
,
which
is
already
attainted
at
the
first
appellants
suit
,
and
so
to
be
hanged
therefore
.
Answer
to
diuers
indictments
.
55
As
seuerall
persons
vpon
their
seuerall
appeales
commenced
shall
haue
restitution
of
their
goods
stollen
or
robbed
from
them
by
one
man
;
so
by
the
statute
of
ann
21.
H.
8.
St.
21.
H.
8
,
11
a
man
shall
haue
restitution
of
his
goods
robbed
or
taken
from
him
,
vpon
the
indictment
and
arraignement
of
the
offendor
,
and
euidence
giuen
against
him
,
by
the
partie
robbed
,
or
owner
of
the
goods
,
or
by
some
other
by
his
procurement
:
Therefore
if
one
man
doe
robbe
or
steale
goods
from
thrée
men
seuerally
,
and
he
is
indited
of
the
robbing
or
stealing
from
one
of
them
,
&
arraigned
thereupon
:
In
this
case
,
though
the
other
two
would
giue
euidence
against
the
offendor
,
yet
they
shall
not
haue
restitution
of
their
goods
by
the
intention
or
meaning
of
that
stat.
for
the
felon
is
not
attainted
of
any
other
robberie
or
felonie
,
sauing
of
that
whereof
he
is
indited
.
But
if
he
be
indiced
of
all
the
thrée
robberies
or
felonies
seuerally
,
and
arraigned
vpon
one
of
them
,
and
found
guiltie
by
the
euidence
giuen
by
one
of
the
parties
robbed
or
&c.
yet
hée
shal
be
after
arraigned
vpon
the
other
two
inditements
,
to
the
intent
that
hee
may
be
also
found
guiltie
by
the
euidence
of
the
other
two
persons
robbed
or
&c.
&
that
they
may
haue
their
goods
stollen
againe
,
according
to
the
meaning
of
the
foresaid
statute
.
S.
Restitution
4.
56
Whereas
by
the
common
laws
of
this
Realme
,
He
that
is
allowed
his
clergie
shall
answer
to
former
offences
.
and
also
by
the
stat.
pro
Clero
,
St.
25.
E.
3.
5
made
an
.
25.
E.
3.
no
clerke
arraigned
of
felony
before
a
secular
Iudge
,
which
was
demanded
by
the
Ordinarie
of
the
place
,
should
be
remanded
to
the
gaole
,
but
ought
presently
to
be
arraigned
of
all
his
offences
,
or
otherwise
deliuered
to
the
Ordinary
:
But
because
diuers
persons
did
ofttimes
commit
and
do
sundrie
detestable
murders
,
haynous
robberies
,
and
felonies
,
and
other
capitall
offences
,
for
the
which
clergie
is
not
allowable
by
the
laws
and
statutes
of
this
realm
;
and
after
the
same
offences
so
done
,
either
did
fly
out
of
the
countie
,
or
other
parts
of
this
realme
,
into
the
parts
beyond
the
seas
,
or
kéepe
themselues
secret
in
other
places
,
whereby
they
were
not
knowne
for
a
great
time
,
and
after
did
commit
some
other
felony
,
for
the
which
they
might
haue
their
clergie
,
and
being
arraigned
of
the
same
,
had
their
clergie
to
them
allowed
,
&
thereupon
were
committed
to
the
custodie
of
the
Ordinarie
,
according
to
the
law
and
custome
of
this
realme
,
the
former
offence
,
wherein
clergie
was
not
grantable
,
being
then
not
knowne
,
and
so
by
that
meanes
could
not
after
be
impeached
for
the
said
other
horrible
and
great
offences
,
by
the
law
and
custome
of
this
realme
,
to
the
great
encouraging
of
offendors
,
vsing
such
practises
of
foreknowledge
and
set
purpose
,
for
the
discharge
of
the
same
:
Therefore
for
the
reformation
of
the
premisses
,
St.
8.
El.
4.
by
the
stat.
of
an
.
8.
Eliz.
it
was
enacted
,
That
euery
person
which
shall
vpon
his
arraignement
for
any
felonie
,
bee
admitted
to
his
clergy
by
the
lawes
of
this
realme
,
&
shall
before
the
same
admission
haue
committed
any
other
offence
,
whereupon
clergie
by
the
laws
&
stat.
is
not
allowable
,
and
not
being
thereof
before
indicted
&
acquited
,
conuicted
or
attainted
,
Appeale
of
former
offences
.
or
pardoned
,
shall
&
may
be
indicted
or
appealed
for
the
same
,
and
thereupon
ordered
and
vsed
in
all
things
according
to
the
lawes
,
in
such
maner
,
as
though
no
such
admission
of
clergie
had
beene
.
St.
18.
El.
6.
57
And
after
,
viz.
an
.
18.
Eliz.
a
more
generall
stat.
was
made
,
A
Clerke
shal
answer
to
former
offences
.
That
all
and
euerie
person
&
persons
which
shall
hereafter
be
admitted
to
haue
the
benefit
of
his
or
their
clergie
,
shal
notwithstanding
his
or
their
admission
to
the
same
,
bée
put
to
answer
to
all
other
felonies
,
wherof
he
or
they
shal
be
hereafter
indicted
,
or
appealed
,
and
not
being
thereof
before
acquited
,
attainted
,
conuicted
,
or
pardoned
,
&
shal
in
such
maner
and
forme
be
arraigned
,
tried
,
adiudged
,
and
suffer
such
execution
for
the
same
,
as
he
or
they
should
haue
done
,
if
as
clerk
or
clerks
conuict
,
S.
Indict
.
52.
they
had
bin
deliuered
to
the
Ordinary
,
&
there
had
made
his
and
their
purgation
.
Britton
.
58
If
a
man
commence
his
Appeale
of
death
before
the
Coroner
in
the
county
,
presently
the
Serieant
of
the
county
shal
be
commanded
,
The
proces
in
Appeale
.
that
hee
bring
the
bodies
of
the
apellées
to
the
next
countie
,
to
answer
the
plaintife
.
And
if
the
said
Serieant
do
answer
at
the
second
county
,
that
he
cannot
find
them
,
Proces
vpon
Appeal
before
the
Coroner
.
then
an
Exigent
shal
be
awarded
against
the
principals
.
But
the
Exigent
touching
the
accessories
shall
stay
,
vntill
the
principals
be
outlawed
.
And
so
it
appeareth
by
Britton
,
22.
Ass.
p.
81
Fi.
Cor.
234
Fitz.
Proces
226.
&
some
other
authoritie
,
that
an
Exigent
shal
be
awarded
in
Appeale
of
death
commenced
before
the
coroner
in
the
county
,
after
the
first
Capias
returned
.
Fitz.
Proces
226.
Fitz.
Cor.
184.
St.
25.
Ed.
3.
14.
59
But
in
an
Appeale
or
Indictment
of
robbery
,
or
other
felony
,
Proces
vpon
an
Appeale
or
Indictment
of
felonie
.
there
shal
be
two
Capias
awarded
before
the
Exigent
.
And
the
same
is
confirmed
by
these
words
of
the
stat.
de
proditionibus
,
made
25.
E.
3.
viz.
It
is
agréed
,
that
after
any
man
be
indicted
of
feloni
,
ebefore
the
Iust.
to
heare
and
determine
,
in
their
Sessions
,
the
Sherif●
shal
be
commanded
to
attach
his
body
,
by
a
writ
or
precept
called
Capias
.
And
if
the
Sherife
returne
in
the
said
precept
,
that
the
body
is
not
found
,
another
writ
or
precept
of
Capias
shall
incontinently
be
awarded
,
returnable
thrée
wéekes
after
,
and
in
the
same
writ
or
precept
it
shall
bée
comprised
,
that
the
Sherife
shall
cause
to
be
seised
all
his
chattels
,
and
safely
kéepe
them
vntill
the
day
of
the
writ
or
precept
returned
.
And
if
the
Sherife
returne
,
that
the
body
is
not
found
,
and
the
indictée
commeth
not
,
S.
Forf
.
44.
the
Exigent
shal
be
awarded
,
and
the
chattels
shal
be
forfeited
,
as
the
law
of
the
crown
commaundeth
.
But
if
he
come
and
yéeld
himselfe
,
or
be
taken
by
the
Sherife
,
or
other
minister
,
before
the
returne
of
the
second
Capias
,
then
the
goods
and
chattels
shall
be
saued
.
This
statute
doth
not
make
mention
of
the
death
of
a
man
,
nor
of
robberie
,
but
of
felonie
generally
,
which
includeth
all
.
And
yet
some
doe
affirme
,
that
it
was
intended
to
be
made
onely
for
robberie
and
larcenie
;
Fitz
:
Proces
226.
but
it
is
prouided
for
those
which
be
indicted
before
Iust.
to
heare
and
determine
,
and
not
for
those
against
whom
an
Appeale
is
commenced
before
the
Coroner
:
and
it
was
rather
ordained
to
seise
the
felons
goods
vpon
the
second
Capias
,
than
to
giue
proces
.
Proces
against
indictées
in
another
county
.
60
And
because
some
persons
appealed
or
indicted
of
diuers
felonies
in
one
countie
,
or
outlawed
in
the
same
countie
,
were
dwelling
or
receiued
in
another
county
,
whereby
such
felonious
persons
indicted
and
outlawed
,
haue
béen
incouraged
in
their
mischiefe
,
for
that
they
might
not
be
attached
in
another
countie
:
for
the
redresse
whereof
,
by
a
stat.
made
anno
5.
E.
3.
it
was
ordained
,
St.
5.
E.
3
,
11
That
the
Iust
.
assigned
to
heare
and
determine
such
felonies
,
shall
direct
their
writ
to
all
the
counties
of
England
,
where
néed
shall
be
,
to
take
such
persons
indicted
.
61
Because
diuers
persons
for
their
singular
reuenge
,
and
not
of
right
,
malitiously
,
of
their
subtill
imagination
,
haue
caused
and
procured
,
falsly
to
indict
and
appeale
seuerall
of
the
Kings
subiects
,
of
diuers
,
treasons
,
felonies
,
and
trespasses
,
before
I.
of
peace
and
other
commissioners
,
&
other
Iust.
hauing
authoritie
to
take
indictments
or
appeals
,
in
diuers
forreine
counties
,
liberties
,
and
franchises
of
England
,
wherein
the
said
liege
people
neither
bee
,
nor
euer
were
conuersant
or
dwelling
:
By
force
of
which
appeales
and
indictments
,
and
the
processes
therupon
made
in
the
said
counties
,
franchises
,
and
liberties
,
the
said
persons
so
indicted
haue
béen
put
in
Exigent
,
and
after
outlawed
,
and
therupon
their
goods
and
chattels
,
lands
and
tenements
haue
bin
forf.
and
they
in
great
perill
of
their
liues
,
whereas
the
said
persons
so
indicted
,
appealed
,
or
put
in
Exigent
,
or
outlawed
,
had
neuer
knowledge
of
such
indictments
,
appeals
,
Exigents
,
or
Outlawries
:
For
the
preuention
whereof
,
it
was
ordained
by
the
stat.
of
an
.
8.
H.
6.
St.
8.
H.
6.
10
That
vpon
euery
indictment
or
appeale
,
by
the
which
any
of
K.
liege
people
dwelling
in
other
counties
Appeale
of
indictments
of
persons
dwelling
in
forrein
Counties
.
than
there
where
the
indictment
or
appeale
shal
be
taken
,
of
treason
,
felony
,
&
trespas
,
before
I.
of
peace
,
or
any
other
hauing
power
to
take
such
indictments
or
appeales
,
or
other
Commissioners
or
Iustices
in
any
county
,
franchise
,
or
libertie
,
within
England
,
before
any
Exigent
awarded
,
vpon
any
indictment
or
appeale
to
be
taken
in
forme
aforesaid
,
immediatly
after
the
first
writ
of
Capias
,
vpon
euery
such
indictment
,
or
appeale
,
awarded
and
returned
,
another
writ
of
Capias
shal
be
awarded
,
directed
to
the
Sherife
of
the
county
,
whereof
he
which
is
indicted
is
or
was
supposed
to
be
conuersant
by
the
same
indictment
,
returnable
before
the
same
Iustices
or
Commissioners
,
before
whom
he
is
indicted
or
appealed
,
at
a
certaine
day
,
containing
the
space
of
iij.
moneths
,
from
the
date
of
the
said
last
writ
:
by
the
which
writ
of
second
Capias
,
it
shal
be
contained
&
commanded
to
the
same
Sherife
,
to
take
the
body
of
him
which
is
so
indicted
or
appealed
,
if
he
may
bée
found
within
his
bailiwike
:
&
if
he
cannot
be
found
within
his
bailiwike
,
that
the
Sherife
shall
make
proclamation
in
two
counties
,
before
the
returne
of
the
same
writ
,
that
he
which
is
so
indicted
or
appealed
,
shal
appeare
before
the
same
Iust.
or
Commissioners
,
in
the
countie
,
liberty
,
or
franchise
where
he
is
so
indicted
or
appealed
,
at
the
day
contained
in
the
said
last
writ
of
Capias
,
to
answer
to
the
K.
or
to
the
party
,
of
the
felony
,
treason
,
or
trespas
,
whereof
he
is
indicted
or
appealed
:
After
which
second
writ
of
Capias
so
serued
and
returned
,
if
hée
which
is
so
indicted
or
appealed
,
doth
not
come
at
the
day
of
the
said
writ
of
Capias
returned
,
the
Exigent
shal
be
awarded
against
such
indictees
or
appellées
,
and
euery
of
them
.
And
if
any
Exigent
be
awarded
vpon
any
such
indictment
,
or
appeale
,
against
the
foresaid
forme
,
or
any
outlawrie
therupon
pronounced
,
the
sayd
Exigent
and
the
Outlawrie
thereupon
pronounced
,
and
euery
of
them
shall
bee
void
.
And
the
partie
against
whom
such
Exigent
is
awarded
,
or
outlawrie
pronounced
,
against
the
foresaid
forme
,
shall
not
bee
endamaged
in
his
life
,
lands
,
goods
,
&c.
And
euery
one
which
is
indicted
or
appealed
in
forme
aforesaid
,
after
he
is
acquited
by
verdict
,
in
forme
of
law
,
may
haue
an
action
vpon
the
case
,
against
euery
procurer
of
such
indictments
or
appeales
:
in
which
action
there
shal
be
like
proces
as
in
an
action
of
trespas
vi
&
armis
.
And
if
the
said
procurers
be
attainted
,
the
plaintife
shall
recouer
treble
damages
.
But
this
stat.
extendeth
not
to
indictments
or
appeals
taken
in
the
countie
of
Chester
:
Nor
to
any
indictment
or
appeale
of
felonie
or
treason
,
taken
of
any
of
the
K.
liege
people
,
which
at
the
time
of
the
same
felonie
or
treason
supposed
,
is
,
and
was
conuersant
within
the
countie
,
whereof
the
indictment
or
appeale
maketh
mention
,
but
the
like
proces
shal
be
made
against
such
indicted
or
appealed
person
as
hath
béene
vsed
.
62
And
because
after
the
making
of
the
sayd
Statute
of
Anno
8.
H.
6.
some
intending
to
defraud
the
sayd
Statute
,
did
sue
to
remooue
such
appeales
and
indictments
,
out
of
the
hands
of
the
Iustices
or
Commissioners
aforesayd
,
into
the
Kings
bench
,
and
elsewhere
,
by
Certiorari
,
or
otherwise
,
vnknowne
to
the
partie
so
indicted
,
and
therupon
sued
the
proces
vsed
at
the
common
law
before
the
making
of
the
said
Statute
,
in
the
Kings
Bench
,
and
elsewhere
,
after
the
remoouing
therof
,
to
the
great
impouerishment
of
diuers
the
kings
subiects
:
Therefore
by
the
Statute
made
Anno
10.
H.
6.
St.
10.
H.
6.
6
it
was
enacted
,
Proces
vpon
an
indictment
or
appeale
remoued
into
the
K.
bench
.
That
if
any
such
indictments
taken
before
any
Iustices
of
peace
,
or
any
other
hauing
power
to
take
such
indictments
or
appeales
,
or
other
Iustices
or
Commissioners
,
in
any
county
,
franchise
,
or
libertie
of
England
,
shal
be
remoued
into
the
Kings
Bench
,
or
elsewhere
,
by
Certiorari
,
or
otherwise
,
then
after
such
remoouing
,
before
any
Exigent
awarded
vpon
any
such
indictment
or
appeal
,
in
form
aforesaid
taken
,
immediatly
after
the
first
writ
of
Capias
,
vpon
euery
such
indictment
or
appeale
awarded
and
returned
,
another
writ
of
Capias
shall
bee
awarded
,
directed
to
the
Sherife
of
the
countie
,
wherof
he
that
is
indicted
or
appealed
,
is
,
or
was
supposed
to
be
conuersant
,
by
the
same
indictment
or
appeale
returnable
in
the
K.
Bench
,
at
a
certaine
day
,
contayning
the
space
of
thrée
moneths
,
from
the
date
of
the
said
last
writ
of
Capias
,
according
to
the
maner
and
forme
that
the
I.
of
peace
and
others
ought
to
haue
done
before
such
remouing
.
And
if
any
Exigent
be
awarded
vpon
any
such
indictment
or
appeale
after
such
remouing
,
against
the
forme
aforesaid
,
or
any
outlawrie
thereupon
pronounced
,
as
wel
the
same
Exigent
as
the
outlawrie
,
and
euery
of
them
,
shal
be
void
.
In
the
Appeale
he
must
be
supposed
to
be
of
a
forrein
County
.
63
The
foresaid
stat.
of
8.
H.
6.
doth
not
take
place
,
St.
8.
H.
5.
10.
but
where
by
the
Appeal
or
by
the
Indictment
it
is
precisely
supposed
,
that
the
defendant
was
dwelling
in
a
forrein
county
:
for
if
he
be
supposed
to
be
dwelling
there
by
an
Aliàs
dictus
,
it
is
out
of
the
compasse
of
the
stat.
1.
E.
4.
1.
As
in
an
appeal
or
indictment
in
the
county
of
Middlesex
against
A.B.
in
comitatu
tuo
yeoman
,
alias
dictum
A.B.
de
C.
in
comitatu
Sussex
yeoman
:
Because
that
which
is
supposed
by
the
Aliàs
dictus
is
not
trauersable
,
nor
materiall
.
And
likewise
it
is
in
an
appeale
or
indictment
against
I.
of
S.
in
comitatu
H.
nuper
de
L.
in
comitatu
K.
nuper
de
R.
in
come
T.
An
appellée
dwelling
in
no
place
certaine
.
64
If
a
man
be
appealed
to
be
dwelling
in
no
place
certaine
the
day
of
the
Appeale
commenced
,
but
in
this
maner
,
Fitz.
Proces
192.
viz.
nuper
de
S.
in
comitat'
L.
and
nuper
de
B.
in
comit'
T.
then
proces
shal
be
awarded
into
all
the
counties
whereof
he
is
so
supposed
to
be
of
late
dwelling
.
Proces
into
a
County
Palantine
.
65
The
foresaid
stat.
of
8.
H.
6.
hath
ordained
,
That
after
the
first
Capias
,
St.
8.
H.
6.
10
another
Capias
shal
be
awarded
to
the
Sherife
of
the
county
whereof
he
which
is
so
indicted
is
,
or
was
supposed
to
be
dwelling
by
the
same
indictment
.
And
therefore
if
an
appeale
or
indictment
be
exhibited
against
one
in
the
countie
of
M.
naming
him
of
D.
in
the
county
of
Chester
,
or
of
some
other
place
,
which
is
a
countie
Palantine
:
In
this
case
,
no
proces
can
be
awarded
vpon
this
Stat.
which
may
be
directed
to
the
Sherife
,
according
to
the
words
of
the
Statute
.
But
proces
shal
be
awarded
vpon
this
statute
to
the
prince
,
or
his
lieutenant
:
19.
H.
6.
2
31.
H.
6.
11.
for
it
is
in
like
mischiefe
,
and
the
statute
is
generall
in
all
the
Realme
,
which
doth
bind
as
well
those
which
be
of
a
Countie
Palantine
,
as
others
.
But
if
they
of
the
Countie
Palantine
will
not
serue
,
and
returne
the
writ
directed
to
them
vpon
this
statute
,
then
without
further
delay
the
Exigent
shall
be
awarded
,
otherwise
the
party
should
be
infinitly
delaied
.
Proces
against
principal
&
accessory
66
The
foresaid
Proces
specified
in
the
before
rehearsed
stat.
of
8.
H.
6.
shal
extend
as
well
to
accessories
,
as
to
principals
,
sauing
that
the
Exigent
as
to
the
accessories
,
shall
be
staied
vntill
the
principals
be
outlawed
:
And
that
by
the
Statute
of
West
.
1.
the
words
whereof
be
these
.
St.
3.
E.
1.
14
Because
men
haue
vsed
in
some
counties
to
outlaw
such
persons
as
be
appealed
of
commandement
,
force
,
aide
,
or
escape
,
within
the
same
terme
that
they
do
outlaw
him
which
is
appealed
of
the
fact
,
it
is
ordained
,
that
none
shal
be
outlawed
for
an
appeale
of
commandement
,
force
,
ayd
,
or
receit
,
vntill
he
that
is
appealed
of
the
déed
be
attainted
,
so
that
one
law
shal
be
thereof
through
the
whole
Realme
.
But
the
appellant
shall
not
let
to
attach
his
appeale
at
the
next
countie
against
them
,
as
well
as
against
the
appellées
of
the
déed
.
But
the
Exigent
against
the
Accessorie
shal
stay
vntill
the
appellée
of
the
déed
be
attainted
by
outlawrie
,
or
otherwise
.
And
Britton
Britton
.
doth
affirme
,
That
as
soone
as
the
principals
be
outlawed
,
the
Exigent
shal
be
awarded
against
the
accessories
.
St.
3.
E.
1.
14
67
The
before
rehearsed
statute
of
West
.
1.
séemeth
onely
to
extend
to
Appeales
commenced
by
bill
:
The
stat.
of
W.
1.
extendeth
onely
to
Appeals
commenced
by
bil
.
for
in
an
Appeale
commenced
by
writ
,
it
appeareth
not
vntill
the
declaration
made
thereupon
,
that
there
bée
any
accessories
in
the
Appeale
,
but
,
for
any
thing
contained
in
the
writ
,
all
doe
appeare
to
be
principals
,
43.
Ed.
3.
17.
and
for
that
cause
the
Exigent
is
awarded
against
them
all
at
one
time
.
And
therefore
the
plaintife
must
be
aduised
,
how
he
doth
pray
the
Exigent
,
and
against
whom
:
for
if
he
do
pray
the
Exigent
against
them
all
,
he
is
therby
concluded
after
to
count
against
any
of
them
as
accessories
:
for
the
law
intendeth
that
he
must
take
knowledge
which
were
accessories
,
and
which
not
.
And
therefore
in
that
case
he
should
haue
staid
the
demaunding
of
the
Exigent
against
them
,
vntill
the
principals
had
béene
attainted
.
And
that
is
the
difference
betwéene
the
principals
and
the
accessories
,
as
touching
the
time
of
the
awarding
of
the
Exigent
.
68
If
an
Appeale
be
brought
against
diuers
,
and
one
doth
appeare
&
plead
,
In
Appeale
one
doth
appeare
,
and
another
makes
default
.
yet
proces
shall
be
continued
against
the
residue
.
But
if
hee
which
appeareth
doth
plead
in
abatement
of
the
Appeale
,
or
matter
in
barre
,
which
proueth
that
the
Appeale
doth
not
lye
:
in
those
cases
the
court
shall
stay
the
awa●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
p●●
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
facus
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
facus
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
Scir̄
facus
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
1●
.
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
co●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
pacem
Dei
&
Domini
Regis
,
praedictus
A.
offert
hoc
dirationare
,
prout
curia
Domini
Regis
hic
considerauerit
.
And
so
it
appeareth
,
that
the
auncient
Law
in
diuers
points
touching
Appeales
is
chaunged
by
the
st●tute
of
Gloucester
Ann.
6.
Ed.
1.
which
hath
ordained
,
St.
6.
Ed.
1.
9.
That
if
the
appellant
in
appeale
doe
declare
the
déed
,
the
yeare
,
the
day
,
the
houre
,
the
time
of
the
king
,
and
the
Towne
where
the
deed
was
done
,
and
with
what
weapon
he
was
slaine
,
the
appeale
shal
be
of
force
.
The
yeare
,
day
,
houre
,
time
of
the
king
,
and
the
towne
materiall
.
This
statute
maketh
the
yeare
,
the
day
,
the
houre
,
the
time
of
the
king
,
and
the
towne
,
things
materiall
;
Bracton
.
and
that
vpon
good
cause
:
For
if
the
appellée
can
prooue
by
certain
demonstration
,
and
the
testimonie
of
credible
persons
,
that
he
was
the
same
day
in
another
place
,
so
that
by
no
meanes
it
can
be
presumed
,
that
he
was
present
the
same
day
at
the
committing
of
that
fact
,
in
respect
of
the
great
distance
of
the
place
,
then
the
appellants
suit
shall
faile
.
And
the
same
reason
is
of
the
houre
:
if
for
he
that
is
supposed
to
kill
the
man
,
was
twenty
myles
from
that
place
where
the
deed
was
done
,
the
same
houre
wherein
that
murther
was
committed
,
hee
cannot
bee
guiltie
of
that
fact
,
and
yet
it
may
be
he
was
there
sometimes
the
same
day
,
but
not
that
houre
:
Where
the
houre
may
be
left
out
.
But
a
man
is
not
of
necessitie
compellable
at
this
day
by
the
common
law
,
to
put
into
his
declaration
the
houre
.
Stamf.
which
declaration
by
the
common
law
any
man
may
yet
make
,
notwithstanding
the
foresaid
stat.
of
Gloucester
,
because
the
same
statute
doth
not
forbid
it
,
for
it
is
in
the
affirmatiue
.
78
The
plaintife
is
to
make
speciall
care
,
The
place
where
the
fact
was
done
.
that
he
put
into
his
declaration
the
place
where
the
fact
was
done
,
for
the
said
statute
of
Gloucester
doth
specially
commaund
it
by
expresse
words
.
And
therefore
if
an
appeale
be
brought
against
diuers
,
21.
E.
4
,
25.
naming
them
of
seuerall
Towns
,
or
Villages
,
and
after
in
his
Count
he
will
say
,
at
the
place
aforesaid
,
this
is
not
good
,
for
no
man
can
tell
to
which
of
the
places
aforesaid
,
to
referre
it
:
and
séeing
there
be
diuers
of
them
in
number
,
he
ought
to
expresse
the
place
by
name
,
or
otherwise
it
is
not
good
.
If
a
man
be
stricken
mortally
in
one
place
,
whereof
he
dieth
shortly
after
in
another
place
,
Co.
lib.
4.
42
the
appellant
must
count
in
his
appeale
,
that
the
def.
did
commit
the
murther
in
the
place
where
the
party
died
,
and
not
in
the
county
,
towne
,
or
place
,
where
the
stroke
was
giuen
.
44.
E.
3.
38
79
There
be
diuers
other
formes
of
declarations
in
appeales
of
death
:
as
in
appeale
of
death
against
thrée
as
principall
,
Count
in
appeale
of
death
against
three
as
principals
.
and
the
appellant
doth
count
,
that
such
a
day
and
such
an
houre
one
of
them
did
strike
her
husband
(
of
whose
death
she
doth
bring
the
appeale
)
in
the
necke
,
whereof
he
died
:
and
the
same
houre
another
did
strike
him
to
the
heart
:
so
that
if
he
had
not
died
of
the
first
blow
,
he
would
haue
died
of
the
second
:
and
that
the
third
did
strike
him
in
another
part
of
his
body
,
and
so
count
seuerally
against
them
,
that
euery
of
them
gaue
him
a
mortall
wound
,
and
shew
the
manner
of
the
wound
,
according
to
the
fact
:
for
the
statute
of
Gloucester
doth
ordaine
,
That
he
shall
count
of
the
fact
,
The
fact
must
be
declared
.
and
according
to
the
difference
of
the
fact
the
count
in
an
appeale
shall
differ
,
for
of
necessity
the
fact
must
be
declared
as
it
was
done
,
or
as
the
law
doth
expound
it
to
be
done
.
And
therefore
,
21.
E.
4.
71.
4.
H.
7.
18
if
two
be
present
at
the
death
of
a
man
,
and
one
doth
not
strike
him
,
but
commandeth
the
other
to
strike
him
,
in
regard
whereof
he
doth
kill
him
,
in
this
case
,
in
an
appeale
against
them
,
the
appellant
shall
count
,
that
either
of
them
did
strike
him
mortally
:
and
in
like
sort
,
in
an
appeale
of
Rape
against
two
,
where
one
was
present
,
11.
H.
4.
13
Fit
.
cor.
228
&
did
abbet
the
other
to
rauish
the
woman
,
in
that
case
the
count
shal
be
,
that
they
both
did
rauish
her
,
for
in
that
one
there
was
the
rauishment
of
them
both
.
Count
in
appeale
of
Robbery
.
80
In
an
appeale
of
death
,
as
cousin
and
heire
,
45.
E.
3.
25
27.
Ass.
p.
25
the
appellant
must
shew
in
his
count
,
how
he
is
cousin
:
and
in
appeale
of
Robbery
,
he
must
expresse
the
things
robbed
:
as
whether
they
were
his
owne
goods
,
or
another
mans
:
Bracton
.
and
if
it
were
in
money
,
he
must
shew
how
much
,
and
what
kind
of
money
:
if
it
were
bullion
,
the
value
:
if
it
were
coyned
,
the
quality
and
the
price
:
if
it
were
a
garment
,
the
colour
,
and
the
price
:
if
it
were
Cloth
,
the
colour
,
price
,
and
number
of
elles
:
if
it
were
Cattell
,
the
kind
,
the
colour
,
and
price
:
and
in
an
appeale
of
Rape
,
he
must
count
of
the
tearing
of
garments
,
and
sheading
of
bloud
.
Where
in
appeale
of
Rape
the
stat.
must
be
rehearsed
in
the
count
.
81
There
be
two
appeales
of
Rape
,
St.
13.
E.
1.
34
St.
6.
R.
2
,
6
one
vpon
the
stat.
of
West
.
2.
which
maketh
it
felony
to
rauish
a
maried
wife
,
maid
,
or
other
woman
:
and
another
vpon
the
stat.
of
6.
R.
2.
which
giueth
the
forfeiture
,
where
the
woman
rauished
doth
consent
,
and
assigneth
who
shall
prosecute
the
suit
against
the
rauishers
.
In
an
appeale
brought
vpon
the
stat.
of
Westm.
2.
the
appellant
néed
not
rehearse
the
statute
.
But
otherwise
it
is
in
an
appeale
brought
vpon
the
stat.
of
6.
R.
2.
for
there
he
must
rehearse
the
statute
in
his
count
:
and
if
in
appeale
of
Rape
brought
vpon
the
said
stat.
of
6.
R.
2.
the
plaintife
doe
count
,
11.
H.
4.
13
that
the
defendant
did
rauish
his
wife
,
contrary
to
the
forme
of
the
said
statute
,
hée
shall
not
néed
to
alledge
,
that
his
wife
did
consent
to
the
rauisher
:
14.
El.
Dyer
312.
for
that
is
implied
in
those
words
,
contra
formam
statuti
,
which
words
be
in
the
declaration
:
and
although
there
be
not
in
the
declaration
these
words
,
viz.
carnaliter
cognouit
,
yet
if
there
be
these
words
,
viz.
felonice
rapuit
,
they
doe
imply
the
other
words
:
for
it
can
be
no
felony
,
if
there
be
not
carnall
knowledge
:
and
so
it
is
to
be
noted
,
that
in
felony
a
count
may
be
by
implication
.
S.
Felonies
by
Statute
2.
82
The
defence
which
the
appellée
Defence
in
appeale
.
is
to
make
in
an
appeale
is
,
viz.
44.
E.
3.
38.
That
he
doth
defend
all
maner
of
Appeals
,
Awaights
,
Assaults
,
Pretences
,
&
whatsoeuer
is
against
the
peace
of
the
King
,
his
Crowne
,
and
Dignitie
,
and
to
say
,
that
he
is
not
guilty
.
Bracton
Bracton
.
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
offence
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
commenced
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
commenced
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
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
found
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
defendant
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.
1●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
commenced
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
aduantage
against
the
appellée
vpon
the
same
appeal
:
for
in
all
these
cases
it
may
appeare
,
that
the
appeale
was
commenced
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
common
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
a
due
and
accustomed
place
,
that
is
to
say
,
once
after
Easter
,
and
another
time
after
the
Feast
of
Saint
Michael
.
And
because
some
Shirifes
did
hold
their
Turnes
in
Lent
,
when
men
should
attend
their
deuotion
,
and
other
workes
of
charitie
:
and
sometimes
after
the
Gule
of
August
,
when
most
men
be
occupied
in
felling
and
carrying
in
their
corne
,
contrarie
to
the
foresaid
statute
of
Magna
Charta
,
St.
31.
E.
3.
14
therefore
by
a
statute
made
Anno
31.
E.
3.
it
was
enacted
,
That
euery
Shirife
should
hold
his
Turne
When
the
shirife
shall
hold
his
Turne
.
yerely
once
within
a
moneth
after
Easter
,
and
at
another
time
within
a
moneth
after
the
feast
of
Saint
Michael
:
and
if
they
hold
their
Turne
in
any
other
manner
,
that
then
they
shall
loose
their
Turne
for
that
time
.
And
so
,
An
indictment
found
in
an
vnlawful
time
if
any
man
be
indicted
of
Felony
or
other
offence
in
the
Shirifes
Turne
after
the
moneth
of
Easter
,
38.
H.
6.
7.
6.
H.
7.
2
and
Saint
Michael
,
the
Indictment
shall
be
void
,
because
it
is
against
the
forme
of
this
statute
:
for
the
words
of
the
statute
be
,
they
shall
loose
their
Turne
for
this
time
,
which
is
as
much
,
as
if
it
had
béen
said
,
their
Turne
holden
at
this
time
is
void
.
And
by
this
statute
it
doth
appeare
when
the
Turne
shal
be
holden
to
make
a
good
Indictment
.
3
Because
Shirifes
did
faine
diuers
times
certaine
persons
to
be
indicted
before
them
in
their
Turnes
of
Felonies
,
and
other
Trespasses
,
and
did
apprehend
certaine
persons
that
were
not
culpable
,
nor
lawfully
indicted
,
and
imprisoned
them
,
to
the
intent
to
exact
money
from
them
,
whereas
they
were
not
lawfully
indicted
by
twelue
men
:
For
the
preuention
whereof
,
by
the
statute
of
Westm.
St.
13.
E.
1.
13
2.
made
Anno
13.
Ed.
1.
it
was
prouided
,
That
Shirifes
in
their
Turnes
,
and
in
other
places
where
they
haue
authoritie
to
inquire
of
Trespasses
by
the
Kings
Precept
,
or
by
their
Office
,
shall
cause
inquisitions
to
be
made
of
malefactors
by
twelue
lawfull
men
at
the
least
,
Shirifes
shall
inquire
by
xij
.
lawfull
men
at
the
least
.
which
shall
put
their
seales
to
such
inquisitions
.
And
the
said
Shirifes
shall
apprehend
those
which
shall
be
found
culpable
by
such
inquisitions
,
and
imprison
them
,
as
they
haue
vsed
to
doe
.
And
if
they
doe
imprison
any
other
but
such
as
be
indicted
by
the
inquisitions
aforesaid
,
they
which
be
imprisoned
shal
haue
their
action
of
false
imprisonment
against
the
Shirife
,
as
they
might
haue
against
any
other
person
that
should
imprison
them
without
warrant
:
and
what
is
said
of
the
Shirife
,
shall
bée
obserued
of
euery
Baylife
of
Libertie
.
4
Because
the
said
Inquisitions
taken
by
the
Shirife
should
not
bee
concealed
,
imbesilled
,
or
mistaken
,
but
that
the
truth
of
them
should
bee
shewed
to
the
Iustices
,
when
they
come
to
deliuer
the
Gaole
,
Therefore
by
the
Statute
of
Anno
1.
Edw.
3.
it
was
established
,
St.
1.
E.
3.
16
That
Shirifes
and
Baylifes
of
Franchises
,
Indictments
by
roll
inden●ed
before
the
Shirife
.
and
all
others
who
take
Indictments
at
their
Turnes
,
or
elsewhere
that
Indictments
should
be
made
,
shall
take
those
Indictments
by
Roll
indented
,
whereof
one
part
shall
remaine
with
the
Indictors
,
and
the
other
with
him
that
doth
take
the
Enquest
:
So
that
the
Indictments
shall
not
bée
imbesilled
,
and
that
one
of
the
Enquest
may
shew
one
part
of
the
Indenture
to
the
Iustices
,
when
they
shall
come
to
make
deliuerance
.
This
Statute
by
generall
words
doth
extend
to
Stewards
in
Léetes
,
and
all
others
.
5
For
that
great
inconueniences
and
Periuries
were
in
seuerall
Counties
of
this
Realme
,
by
false
verdicts
giuen
in
inquisitions
and
inquiries
before
Shirifes
in
their
Turnes
,
by
persons
of
no
substance
,
nor
behauiour
,
nor
fearing
God
,
nor
respecting
the
world
:
by
which
meanes
many
persons
of
seuerall
parts
of
this
Realme
,
by
the
inticement
and
persuasion
of
their
enemies
,
were
wrongfully
indicted
:
and
some
others
,
which
ought
to
haue
béene
indicted
by
such
procurement
,
Of
what
sufficiency
Iurors
returned
in
the
Shirifes
Turne
,
shal
be
.
were
spared
:
For
the
auoiding
whereof
,
by
a
Statute
made
Anno
1.
R.
3.
it
was
enacted
,
That
no
Bayly
,
St.
1.
R.
3.
4
or
other
Officer
shall
returne
in
any
pannell
any
such
person
in
any
Countie
within
this
Realme
of
England
,
to
be
taken
or
put
in
or
vpon
any
such
inquirie
in
any
of
the
said
Turnes
,
but
such
as
be
of
good
name
and
fame
,
and
haue
lands
and
tenements
of
fréehold
within
the
same
County
,
to
the
yearely
value
of
twenty
shillings
at
the
least
,
or
otherwise
Lands
and
Tenements
,
holden
by
the
custome
of
the
Manor
,
commonly
called
Copyhold
,
within
the
said
Counties
,
to
the
yearely
value
of
six
and
twenty
shillings
eight
pence
at
the
least
.
And
if
any
Bayly
or
other
Officer
within
the
said
Counties
shall
returne
or
impannell
any
person
contrary
to
this
ordinance
,
he
shall
loose
for
euery
person
so
impanelled
or
returned
,
not
being
of
the
sufficiencie
aforesaid
,
so
often
as
he
shall
offend
,
forty
shillings
,
and
the
shirife
other
forty
shillings
,
whereof
the
one
halfe
shal
be
to
the
King
,
and
the
other
to
such
as
will
sue
for
the
same
.
And
euery
person
that
will
sue
for
himselfe
,
shall
haue
seuerall
actions
of
Debt
at
the
common
Law
,
as
well
against
the
Shirife
,
as
against
the
Bayly
.
And
like
and
the
same
Proces
shal
be
had
and
vsed
in
those
actions
,
as
be
had
and
vsed
in
other
actions
at
the
common
Law
,
and
no
Protection
or
Essoine
shal
be
allowed
therein
:
and
euery
such
Indictment
otherwise
taken
before
the
Shirife
in
his
Turne
,
shall
be
void
:
which
foresaid
statutes
were
made
,
to
auoid
the
corrupt
and
euill
demeanor
of
Shirifes
and
other
officers
,
which
take
Indictments
in
shirifes
Turnes
and
Léets
.
6
Because
diuers
persons
were
greatly
vexed
and
troubled
by
the
inordinat
and
immeasurable
Indictments
and
Presentments
,
as
well
of
Felonie
and
Trespasses
,
as
of
other
things
which
were
taken
and
vsed
before
shirifes
,
their
Vndershirifes
,
Clerkes
,
Baylifes
,
and
other
Ministers
at
their
Turnes
or
Law-daies
holden
before
them
seuerally
in
their
Counties
:
Which
indictments
and
Presentments
were
often
affirmed
by
Iurors
,
hauing
no
conscience
,
nor
fréehold
,
and
small
wealth
,
and
sometime
by
the
meniall
seruants
and
Baylifes
of
the
said
Shirifes
or
Vndershirifes
.
By
reason
of
which
Indictments
and
Presentments
many
people
were
attached
,
arrested
,
and
put
in
prison
by
the
said
Shirifes
,
their
Vndershirifes
,
Clerkes
,
Baylifes
,
and
Ministers
,
and
then
they
were
constrained
to
pay
vnto
them
great
fines
and
ransomes
,
to
deliuer
them
out
of
prison
:
and
also
the
said
Indictments
and
Presentments
were
imbesilled
,
withholden
,
and
concealed
.
And
further
,
the
said
Shirifes
and
other
Officers
had
amongst
themselues
the
awarding
of
Proces
vpon
such
Indictments
when
they
were
found
,
and
the
assessing
of
fines
:
So
that
all
the
corrupt
misdemeanors
sought
to
be
reformed
by
the
before
specified
statutes
,
were
little
or
nothing
amended
.
And
therefore
for
the
reformation
of
the
enormities
aforesaid
,
St.
1.
E.
4.
3.
by
a
statute
made
Anno
1.
Ed.
4.
it
was
ordained
,
That
vpon
all
Indictments
and
Presentments
which
shall
bée
taken
before
any
of
the
Shirifes
of
Counties
for
the
time
béeing
,
their
Vndershirifes
,
Clerkes
,
Baylifes
,
or
Ministers
at
their
Turnes
,
or
Law-daies
,
they
nor
any
of
them
shall
haue
power
or
authority
to
arrest
,
attach
,
or
put
in
prison
,
or
to
leuy
any
fines
or
amerciaments
of
any
person
or
persons
so
indicted
or
presented
by
reason
or
colour
of
any
such
Indictment
or
Presentment
taken
before
them
,
or
any
of
them
,
or
to
leuy
or
take
of
any
such
person
or
persons
so
indicted
or
presented
,
any
fine
or
ransome
.
But
the
said
Shirifes
,
vndershirifes
,
Baylifes
,
or
Ministers
shall
bring
,
present
,
and
deliuer
all
such
Indictments
and
Presentments
taken
before
them
,
or
any
of
them
in
their
Turnes
,
or
Law-daies
,
to
the
Iustices
of
the
Peace
,
Indictments
taken
in
the
shirifes
Turnt
shal
be
deliuered
to
the
Iu.
of
peace
.
at
their
next
Session
of
the
Peace
,
which
shal
be
holden
in
the
County
or
Counties
where
such
indictments
and
presentments
shal
be
taken
.
And
if
any
of
the
said
Shirifes
,
Vndershirifes
,
Clerkes
,
Baylifes
,
or
Ministers
doe
not
bring
,
deliuer
,
or
present
all
such
indictments
or
presentments
so
taken
before
them
and
euery
of
them
in
their
Turnes
,
or
Law-daies
,
as
is
aforesaid
,
to
such
Sessions
of
the
peace
,
before
the
said
Iustices
:
then
the
said
Shirifes
,
Vndershirifes
,
Clerkes
,
Baylifes
,
and
their
Ministers
,
and
euery
of
them
which
shall
faile
of
the
bringing
,
deliuering
,
or
presenting
of
such
Indictments
or
Presentments
,
shal
forfeit
to
the
king
forty
pounds
,
so
often
as
they
or
any
of
them
shall
doe
the
contrarie
.
And
the
said
Iustices
of
peace
shal
haue
power
and
authority
to
award
proces
vpon
such
Indictments
and
Presentments
as
the
Law
doth
require
,
Proces
vpon
Indictments
awarded
by
I.
of
peace
and
in
such
like
manner
,
as
if
the
said
Indictments
and
Presentments
had
bin
taken
before
the
said
Iustices
of
Peace
in
the
same
County
or
Counties
:
and
also
to
arraigne
and
deliuer
all
person
and
persons
so
indicted
and
presented
,
before
the
said
Shirifes
,
Vndershirife
,
their
Clerkes
,
Baylifes
,
or
Ministers
,
or
any
of
them
in
their
Turnes
or
Lawdaies
,
and
to
set
such
fine
vpon
euery
person
or
persons
indicted
or
presented
of
Trespas
,
as
it
shall
séeme
good
to
their
discretions
.
And
the
Estreats
of
the
same
fines
and
amerciaments
shall
be
inrolled
,
and
by
Indenture
deliuered
to
the
said
Shirifes
,
Vndershirifs
,
Clerks
,
or
Ministers
,
or
to
some
of
them
,
to
the
vse
and
profit
of
him
which
was
shirife
of
the
County
at
the
time
of
the
taking
of
such
indictments
or
presentments
.
And
if
any
of
the
said
Shirifes
,
Vndershirifes
,
Clerkes
,
Bailifes
,
or
ministers
shall
cause
to
be
arrested
,
attached
,
or
put
in
prison
,
or
shall
cause
to
be
raised
or
taken
any
fine
or
ransome
,
or
leuy
any
amerciament
of
any
person
or
persons
so
indicted
or
presented
,
by
reason
or
colour
of
any
such
indictment
or
presentment
before
him
taken
at
his
foresaid
Turne
,
or
Law-day
,
before
they
haue
proces
from
the
said
Iustices
of
Peace
,
or
Estreats
deliuered
out
of
the
said
indictments
or
presentments
so
brought
,
deliuered
,
or
presented
vnto
them
:
then
the
shirifes
which
doe
so
shall
forfeit
an
hundred
pounds
,
wherof
the
one
moitie
shal
be
imployed
towards
the
expences
of
the
kings
house
,
and
the
other
to
the
party
or
parties
that
shal
be
endammaged
:
And
he
or
they
shal
haue
an
action
of
Debt
at
the
common
law
,
and
like
proces
as
is
vsed
in
an
action
of
Debt
at
the
common
law
,
wherein
the
defendants
shal
not
be
essoined
,
wage
their
law
,
Indictments
in
London
.
nor
haue
any
protection
.
But
this
Ordinance
shall
not
extend
or
be
preiudiciall
to
the
shirifes
of
the
city
of
London
,
touching
indictments
or
presentments
to
be
taken
before
them
in
the
said
city
:
Neither
shall
this
ordinance
extend
or
be
preiudiciall
to
any
person
or
persons
that
haue
graunt
of
any
fines
,
or
other
amerciaments
by
any
letters
patents
of
the
king
,
or
of
any
of
his
progenitors
or
predecessors
,
bearing
date
before
the
x.
day
of
December
next
after
the
beginning
of
this
Parliament
,
being
An.
Dom.
1461.
B
This
statute
doth
giue
authority
to
Iustices
of
peace
to
award
proces
vpon
all
indictments
taken
in
the
shirifes
Turne
,
when
they
be
brought
and
deliuered
vnto
them
:
But
yet
it
is
alwaies
intended
,
That
those
Indictments
shal
be
lawfull
,
The
shirife
inquiring
of
things
not
in●uirable
in
〈◊〉
Turne
.
and
containe
matter
whereof
the
Shirife
hath
iurisdiction
in
his
Turne
,
and
power
to
make
inquirie
:
For
if
the
Shirife
in
his
Turne
will
make
inquiry
of
the
statute
of
Liueries
,
4.
E.
4.
31.
8.
E.
4.
5.
or
indict
one
who
did
feloniously
rauish
a
woman
,
or
such
other
matters
,
which
be
not
inquirable
in
the
shirifes
Turne
,
although
he
wil
bring
the
indictments
before
the
Iu.
of
peace
,
and
deliuer
them
according
to
the
foresaid
stat.
of
1.
Ed.
4.
yet
they
ought
not
to
award
proces
vpon
them
,
for
they
were
taken
coram
non
iudice
,
and
so
void
.
7
And
for
that
Enquests
were
sometimes
taken
,
without
being
duly
returned
by
the
shirife
,
of
such
persons
as
were
outlawed
before
Iustices
of
Record
,
and
of
some
such
as
were
fled
to
sanctuary
for
Felony
or
Treason
to
haue
refuge
,
by
whom
sometimes
not
only
offendors
were
indicted
,
but
also
seueral
of
the
kings
liege
people
not
guilty
,
by
the
conspiracie
,
abbetment
,
and
false
practise
of
others
,
for
their
owne
speciall
aduantage
and
priuat
gaine
:
for
the
auoiding
whereof
there
was
a
statute
made
Anno
11.
H.
4.
which
doth
enact
,
St.
11.
H.
4.
9
That
no
indictment
shal
be
made
by
any
such
persons
,
but
by
enquests
of
the
kings
liege
people
,
as
it
hath
bin
vsed
in
the
time
of
the
kings
progenitors
,
duly
returned
by
shirifes
,
or
bailifes
of
Franchises
,
without
any
maner
of
denomination
before
made
to
the
said
shirife
,
or
bailifes
of
Franchises
,
by
any
person
of
the
names
of
those
who
shal
be
impanelled
by
him
,
Iurors
in
indictments
shal
be
returned
by
the
shirife
without
denomination
vnlesse
it
be
by
the
officers
of
the
said
shirifes
,
or
bailifes
of
Franchises
,
knowne
or
sworne
thereunto
,
and
other
ministers
to
whom
it
appertaineth
by
the
law
of
England
to
make
the
same
.
And
if
any
indictment
be
made
in
any
point
to
the
contrary
,
the
same
shal
be
void
,
reuoked
,
and
of
no
force
.
According
to
this
statute
,
some
haue
béen
discharged
of
their
Indictments
,
B.
because
certaine
of
the
Indictors
were
before
that
outlawed
of
Felony
.
This
statute
of
Anno
11.
H.
4.
is
altered
by
the
next
statute
of
Anno
3.
H.
8.
for
so
much
onely
as
doth
concerne
denomination
to
be
made
by
the
Iustices
,
11.
H.
4.
40.
St.
3.
H.
8.
12.
for
the
reformation
of
Panels
returned
before
them
by
the
Shirifes
,
when
the
said
Iustices
will
haue
the
same
Panels
reformed
:
But
for
all
the
residue
it
continueth
in
force
.
8
The
whole
authority
of
returning
of
Enquests
to
make
Indictments
,
without
the
denomination
of
any
person
before
made
,
béeing
by
force
of
the
foresaid
statute
of
11.
H.
4.
in
shirifes
and
bailifes
of
Franchises
,
seuerall
great
extortions
and
oppressions
were
done
in
diuers
Counties
of
this
Realme
by
subtilty
and
vntrue
demeanor
of
shirifes
and
their
ministers
to
many
persons
by
making
and
returning
at
euery
Sessions
holden
within
the
said
Counties
for
the
body
of
the
shire
,
names
of
such
persons
,
as
for
the
singular
gaine
of
the
said
shirifes
and
bailifes
would
be
wilfully
forsworne
,
by
the
sinister
labour
of
the
said
shirifes
and
their
ministers
:
By
reason
whereof
,
by
their
couin
and
falsehood
,
many
true
and
substantiall
persons
were
diuers
times
wrongfully
indicted
of
Murthers
,
Felonies
,
and
other
misbehauiours
,
to
the
vtter
losse
of
their
liues
,
goods
,
and
lands
:
and
sometime
also
by
the
labor
of
the
said
shirifs
great
Felonies
and
Murthers
were
concealed
,
and
not
presented
by
the
said
persons
,
partially
returned
by
the
same
shirifs
,
or
their
ministers
,
to
the
intent
to
compell
the
offendors
to
make
fines
,
and
giue
rewards
to
the
said
Shirifes
and
their
ministers
:
For
the
preuention
of
which
enormities
,
by
a
stat.
made
Anno
3.
H.
8.
it
was
established
,
St.
3.
H.
8.
12
That
all
panels
to
be
returned
,
which
bée
not
at
the
suit
of
any
party
,
Panels
for
indictments
reformed
by
the
Iustices
.
that
shall
be
made
and
put
in
by
euery
shirife
and
their
ministers
before
any
I.
of
Gaole
deliuery
,
or
I.
of
Peace
(
whereof
one
to
be
of
the
Quorum
)
in
their
open
Sessions
to
inquire
for
the
king
,
shal
be
reformed
by
putting
to
and
taking
out
of
the
names
of
the
persons
which
so
be
impanelled
by
euery
shirife
and
their
ministers
,
by
the
discretion
of
the
same
Iustices
before
whom
such
panels
shall
be
returned
.
And
the
same
Iustice
and
Iustices
shall
commaund
euery
shirife
,
and
their
ministers
in
his
absence
,
to
put
other
persons
in
the
same
panels
by
their
discretions
.
And
the
same
panels
so
reformed
by
the
said
Iustices
,
be
good
and
lawfull
.
And
if
any
shirife
,
or
any
of
their
ministers
at
any
time
do
not
returne
the
same
panels
so
reformed
,
then
euery
such
shirife
or
minister
so
offending
for
euery
such
offence
shall
forfeit
xx
.
l.
the
one
halfe
to
the
king
,
and
the
other
to
him
or
them
that
will
sue
for
the
same
by
action
of
Debt
at
the
common
law
,
or
Bill
&c.
wherin
no
W.E.
or
P.
shal
be
allowed
:
and
the
kings
pardon
shall
be
no
barre
against
the
party
or
parties
that
shall
sue
the
same
.
9
It
is
to
be
thought
,
that
by
force
of
the
statutes
before
rehearsed
sufficient
,
honest
,
and
indifferent
Iurors
were
returned
by
the
shirifes
of
Counties
,
or
that
the
Panels
by
them
returned
were
reformed
by
the
Iustices
;
so
that
if
any
defect
were
committed
in
Indictments
,
or
in
concealing
of
offences
,
or
offendors
,
then
the
same
was
in
the
Iury
,
which
were
charged
for
the
body
of
the
Shire
to
make
inquirie
:
for
the
searching
forth
of
the
truth
whereof
,
and
for
the
punishment
of
the
said
offendors
according
to
their
demerites
,
by
a
statute
made
Anno
3.
H.
7.
it
was
ordained
,
St.
3.
H.
7.
1
That
the
Iustices
of
peace
of
euery
Shire
of
this
Realme
,
for
the
time
being
,
may
doe
to
take
by
their
discretion
an
enquest
,
Enquest
to
inquire
of
concealments
.
whereof
euery
man
shall
haue
Landes
and
Tenements
to
the
yearely
value
of
forty
shillings
at
the
least
,
to
inquire
of
the
concealements
of
other
Enquests
taken
before
them
,
and
before
other
,
of
such
matters
and
offences
as
are
to
bée
inquired
and
presented
before
Iustices
of
Peace
,
whereof
complaint
shall
be
made
,
by
Bill
,
or
Bils
,
as
well
within
Franchise
,
as
without
:
and
if
any
such
concealement
be
found
of
any
Enquest
had
or
made
within
the
yeare
after
the
same
concealement
,
euery
person
of
the
same
Enquest
shall
bée
amerced
for
the
same
concealements
,
by
the
discretion
of
the
same
Iustices
of
Peace
,
the
said
amerciaments
to
bée
assessed
in
plene
Sessions
.
10
For
as
much
as
seuerall
persons
vpon
great
grounds
of
vehement
suspitions
,
as
well
of
high
Treasons
,
petit
Treasons
,
and
misprision
of
Treason
,
as
of
Murthers
,
were
many
times
sent
for
from
diuers
Shires
and
places
of
this
Realme
,
and
other
the
Kings
Dominions
,
to
the
Kings
great
charges
,
to
be
examined
before
the
Kings
Councell
vpon
their
offences
,
to
the
intent
that
conuiction
or
declaration
of
such
persons
should
spéedily
ensue
,
as
the
merits
of
their
cases
should
require
:
And
albeit
that
after
great
trauaile
taken
in
the
examination
of
such
persons
,
it
appeared
to
the
said
Councell
,
by
confession
,
witnesse
,
or
vehement
suspect
,
that
such
persons
were
rather
guilty
of
such
offences
whereof
they
were
examined
,
then
otherwise
,
yet
neuerthelesse
,
such
offendors
so
examined
by
the
course
of
the
common
Lawes
of
this
Realme
,
must
be
indicted
within
the
Shires
or
places
where
they
committed
their
offences
,
and
also
tried
by
the
inhabitants
and
fréeholders
of
such
Shires
and
places
,
although
by
their
confessions
,
or
by
sufficient
witnes
their
offences
were
certainely
knowne
to
the
Kings
Councell
:
By
reason
whereof
,
besides
the
trauaile
of
the
Kings
Counsell
,
the
King
was
often
put
to
great
charges
,
in
remaunding
such
persons
to
the
countries
where
they
offended
,
there
to
bée
indicted
and
tried
of
their
offences
.
And
sometimes
the
inhabitants
and
fréeholders
of
the
Shires
or
places
where
such
offences
were
done
,
were
compelled
to
appeare
out
of
their
shires
or
places
for
such
causes
,
to
their
great
charges
,
for
the
triall
or
declaration
of
such
offences
.
And
sometime
by
occasion
of
the
charges
for
remaunding
such
offendors
to
be
indicted
and
tryed
by
the
course
of
the
common
Law
,
such
offendors
did
lye
still
in
prison
,
and
were
forgotten
:
whereby
many
times
,
by
the
helpe
of
their
confederats
,
they
escaped
vnpunished
,
to
the
great
courage
and
euill
example
of
euill
doers
.
For
the
reformation
whereof
,
by
a
statute
made
Anno
33.
H.
8.
it
was
enacted
,
St.
33.
H.
8.
23.
That
if
any
person
or
persons
,
being
examined
before
the
Kings
Councell
,
or
thrée
of
them
,
vpon
any
manner
of
Treasons
,
misprision
of
Treasons
,
or
Murthers
,
doe
confesse
any
such
offences
,
or
that
the
said
Councell
,
or
thrée
of
them
vpon
such
examination
shall
thinke
any
person
so
examined
to
be
vehemently
suspected
of
any
Treason
,
misprision
of
Treason
,
or
Murther
:
then
in
euery
such
case
,
by
the
Kings
commaundement
,
his
Maiesties
Commission
of
Oyer
and
Terminer
vnder
his
great
Seale
shal
be
made
by
the
Chancellor
of
England
to
such
persons
,
Indictments
and
trials
where
the
king
will
.
and
to
such
Shires
and
places
as
shall
bée
named
and
appointed
by
the
Kings
Highnesse
,
for
the
spéedie
triall
,
conuiction
,
or
deliuerance
of
such
offendors
:
Which
Commissioners
shall
haue
authoritie
to
inquire
,
heare
,
and
determine
all
such
Treasons
,
misprisions
of
Treasons
,
and
Murthers
,
within
the
Shires
and
places
limitted
by
their
Commission
,
by
such
good
and
lawfull
persons
as
shal
be
returned
before
them
by
the
Shirife
,
or
his
ministers
,
or
any
other
,
hauing
power
to
returne
Writs
and
Proces
,
for
that
purpose
,
in
whatsoeuer
other
Shire
or
place
,
within
the
Kings
Dominions
,
or
without
,
such
offences
of
Treasons
,
misprisions
of
Treasons
,
or
Murthers
so
examined
,
were
done
or
committed
:
and
that
in
such
cases
no
challenge
for
the
Shire
or
Hundred
shall
bee
allowed
.
After
which
Statute
there
was
a
Statute
made
Anno
1.
&
2.
Ph.
&
Ma.
whereby
it
was
ordained
,
St.
1.
&
2.
P.
&
M.
10.
That
trials
to
be
hereafter
had
,
awarded
,
Triall
of
Treason
.
or
made
for
any
Treason
,
shal
be
had
and
vsed
only
according
to
the
due
order
and
course
of
the
common
lawes
of
this
Realme
,
and
not
otherwise
.
12.
El.
Dyer
fol.
286
The
foresaid
stat.
of
33.
H.
8.
is
repealed
by
the
said
stat.
of
1.
&
2.
Ph.
&
M.
touching
the
indictment
and
triall
of
Traitors
:
B
for
they
are
to
be
indicted
and
tried
in
the
county
where
the
offence
was
committed
,
or
by
fréeholders
of
that
county
,
according
to
the
course
of
the
common
law
,
notwithstanding
that
they
haue
confessed
their
offences
before
iij.
of
the
K.
Councell
.
But
for
the
triall
of
Murther
the
said
stat.
of
33.
H.
8.
doth
continue
in
force
.
11
For
as
much
as
some
doubts
and
questions
were
moued
,
whether
certaine
kinds
of
Treasons
,
misprisions
and
concealements
of
Treasons
committed
out
of
the
Realme
of
England
,
and
other
the
Kings
dominions
,
can
or
may
by
the
common
lawes
of
this
Realme
be
inquired
of
,
heard
,
and
determined
within
the
Realme
of
England
:
Therefore
for
a
plaine
order
,
remedy
,
Indictments
and
trials
of
Treasons
committed
out
of
this
Realme
and
declaration
therein
to
be
had
,
St.
35.
H.
8.
2
by
a
statute
made
Ann̄
35.
H.
8.
it
was
enacted
,
That
all
manner
of
offences
being
already
made
,
or
declared
,
or
hereafter
to
be
made
,
or
declared
by
any
of
the
Lawes
and
Statutes
of
this
realme
to
be
Treasons
,
misprisions
of
Treasons
,
or
concealements
of
Treasons
,
and
done
,
perpetrated
,
or
committed
,
or
hereafter
to
be
done
,
perpetrated
,
or
committed
by
any
person
or
persons
out
of
this
Realme
of
England
,
shall
be
from
henceforth
inquired
of
,
heard
,
and
determined
before
the
kings
Iustices
of
his
Bench
,
for
pleas
to
be
holden
before
himselfe
,
by
good
and
lawfull
men
of
the
same
shire
,
where
the
said
Bench
shall
sit
,
and
be
kept
:
Or
els
before
such
commissioners
,
and
in
such
shire
of
the
realme
as
shal
be
assigned
by
the
kings
commission
,
and
by
good
and
lawfull
men
of
the
same
shire
,
in
like
manner
&
forme
,
to
all
intents
and
purposes
,
as
if
such
treasons
,
misprisions
of
treasons
,
or
concealements
of
treasons
had
bin
done
&
committed
within
the
same
shire
,
where
they
shal
be
inquired
of
,
heard
,
and
determined
,
as
is
aforesaid
.
But
if
any
péere
of
this
Realme
shall
be
indicted
of
any
such
Treasons
,
or
&c.
he
shall
haue
his
triall
by
his
Péeres
.
B
If
any
subiect
of
this
Realme
being
beyond
the
sea
,
doth
practise
with
the
Prince
or
Gouernour
of
another
countrey
to
inuade
this
Realme
of
England
with
a
great
power
,
and
in
his
practise
doth
declare
by
what
meanes
,
how
,
and
in
what
place
the
same
may
be
done
;
13.
El.
Dyer
298.
and
though
there
be
no
such
inuasion
,
yet
this
practise
is
high
Treason
:
Treason
practised
beyond
the
sea
.
for
an
inuasion
with
power
may
tend
to
the
destruction
or
great
perill
of
the
person
of
the
King
.
And
this
offence
shall
bée
tryed
according
to
the
foresaid
Statute
of
35.
H.
8.
which
Statute
doth
remaine
in
force
,
and
is
not
repealed
by
the
before
rehearsed
Statute
of
1.
&
2.
Ph.
&
Ma.
10.
Indictment
in
the
County
of
Lancaster
of
a
forraine
.
12
For
the
conseruation
,
tranquillity
,
and
peace
of
the
Kings
liege
people
as
well
within
the
County
Palantine
of
Lancaster
,
as
of
other
his
liege
people
out
of
the
said
County
,
within
the
Realme
of
England
,
by
a
statute
made
Anno
33.
H.
6.
it
was
established
,
St.
33.
H.
6.
2
That
euery
Indictment
to
be
taken
before
any
of
the
Kings
Iustices
in
the
County
Palantine
of
Lancaster
,
or
before
any
Shirife
in
his
Turne
in
the
said
County
,
whereby
any
person
or
persons
be
supposed
by
the
same
Indictment
to
be
,
or
to
haue
béene
inhabiting
or
conuersant
out
of
the
said
Countie
,
and
within
any
other
Countie
within
England
,
shall
be
taken
by
verdict
of
twelue
men
,
whereof
euery
of
them
,
or
some
other
to
their
vse
,
shall
haue
Lands
and
Tenements
to
the
yearely
value
of
an
hundred
shillings
,
and
no
proces
shall
be
made
out
of
such
Indictment
,
before
it
be
duly
examined
before
the
Iustices
within
the
sayd
County
,
whether
the
said
Indictors
and
euery
of
them
,
at
the
time
of
such
Indictment
taken
,
had
lands
and
tenements
within
the
said
County
of
Lancaster
,
to
the
yearely
value
of
an
hundred
shillings
,
aboue
all
charges
.
And
if
it
be
found
,
that
euery
of
the
said
indictors
at
the
time
of
the
said
Indictment
taken
had
not
lands
&c.
to
the
said
yearely
value
of
100.
shillings
,
then
the
Indictment
,
as
to
such
persons
so
indicted
,
supposed
by
the
said
Indictment
to
be
inhabiting
or
conuersant
out
of
the
said
County
of
Lancaster
,
shal
be
void
.
Indictment
in
a
forraine
County
of
a
Lancashire
man
.
13
And
by
the
same
statute
of
Ann̄
33.
H.
6.
it
was
likewise
enacted
,
St.
33.
H.
6.
2
That
euery
Indictment
from
henceforth
to
be
taken
within
any
County
of
the
said
Realme
,
and
out
of
the
said
County
of
Lancaster
,
before
any
Iustice
,
or
the
shirife
in
his
Turne
,
whereby
any
person
or
persons
supposed
by
the
same
indictment
to
be
,
or
to
haue
bin
conuersant
or
inhabiting
within
the
said
county
of
Lancaster
,
and
without
such
county
where
such
indictment
shall
happen
to
be
taken
,
shal
be
taken
by
verdict
of
twelue
men
,
whereof
euery
of
them
,
or
some
other
person
or
persons
to
their
owne
vses
,
shall
haue
lands
and
tenements
to
the
value
of
100.
shillings
.
And
that
no
proces
be
made
out
of
any
such
indictments
,
before
it
be
duly
examined
and
inquired
before
the
K.
Iustices
,
hauing
power
to
award
any
proces
vpon
such
indictments
,
whether
the
said
indictors
and
euery
of
them
,
at
the
time
of
such
indictments
taken
,
or
any
other
person
or
persons
to
their
vse
,
had
any
Lands
or
Tenements
,
to
the
yearely
value
of
an
hundred
shillings
within
the
same
Countie
aboue
all
charges
,
where
such
Indictments
happen
to
be
taken
.
And
if
it
be
found
before
the
King
,
or
any
of
his
Iustices
,
that
the
said
Indictors
,
or
any
of
them
,
had
not
at
the
time
of
such
Indictment
taken
,
nor
that
none
other
to
their
vse
had
Lands
and
Tenements
to
the
yearely
value
of
an
hundred
shillings
,
that
then
the
said
Indictment
,
as
to
any
such
person
or
persons
supposed
by
the
said
Indictment
to
be
,
or
to
haue
bin
inhabitants
or
conuersant
within
the
said
County
of
Lancaster
,
shal
be
void
,
and
of
none
effect
.
14
Though
by
the
rules
of
the
common
Law
euery
offendor
shall
be
tried
in
that
County
wherein
he
is
indicted
,
and
he
shall
be
both
indicted
and
tried
in
the
County
where
he
doth
commit
the
offence
whereof
he
is
so
indicted
:
yet
for
the
preseruation
of
mans
life
,
and
condignely
to
punish
such
persons
as
vnlawfully
and
wilfully
murther
,
slay
,
or
destroy
men
,
and
to
preuent
the
practise
of
those
Théeues
and
Robbers
,
that
doe
steale
or
robbe
in
one
Countie
,
and
conuey
their
spoyle
or
part
thereof
to
some
of
their
adherents
knowing
thereof
in
another
Countie
,
St.
2.
&
3.
Ed.
6.
24.
by
a
Statute
made
Anno
2.
&
3.
Edw.
6.
it
was
enacted
,
That
where
any
person
or
persons
shall
be
feloniously
stricken
,
or
poysoned
in
one
County
,
A
man
stricken
or
poysoned
in
one
county
,
dieth
in
another
.
and
dye
of
the
same
stroake
or
poysoning
in
another
County
,
that
then
an
Indictment
found
by
Iurors
of
the
County
where
the
death
shall
happen
(
whether
it
shall
be
found
before
the
Coroner
vpon
the
sight
of
any
such
dead
body
,
or
before
the
Iustices
of
Peace
,
or
any
other
Iustices
,
or
Commissioners
,
which
shall
haue
authoritie
to
enquire
of
such
offences
)
shall
bee
as
good
,
and
effectuall
in
Law
,
as
if
the
stroake
or
poysoning
had
béene
done
or
committed
in
the
same
Countie
where
the
party
shall
dye
,
or
where
such
Indictment
shall
bée
so
found
.
And
by
the
same
Statute
it
was
further
ordayned
,
That
where
any
Murther
or
Felony
shall
bée
committed
and
done
in
one
County
,
and
another
person
or
moe
shall
bée
accessarie
or
accessaries
in
any
manner
wise
to
any
such
Murther
or
Felony
in
any
other
County
,
Indictment
of
an
accessary
in
one
county
,
to
an
offence
done
in
another
.
that
then
an
Indictment
found
or
taken
against
such
accessarie
or
accessaries
,
vpon
the
circumstance
of
such
matter
before
the
Iustices
of
Peace
,
or
other
Iustices
or
Commissioners
,
to
inquire
of
felonies
in
the
County
where
such
offences
of
accessarie
or
accessaries
in
any
manner
of
wise
shall
bée
committed
or
done
,
shall
bée
as
good
and
effectuall
in
the
Law
,
as
if
the
principall
offence
had
béen
committed
or
done
within
the
same
County
where
the
same
Indictment
against
such
accessary
shal
be
found
.
6.
H.
7.
10
7.
H.
7.
8
Before
which
Statute
made
,
the
manner
was
,
B
to
carry
the
body
of
the
offendor
to
the
County
where
the
first
offence
was
committed
,
and
there
to
indict
and
try
him
.
A
man
was
indicted
in
the
County
of
Middlesex
,
for
that
hee
in
the
same
County
procured
another
man
to
kill
a
third
man
in
the
Countie
of
Essex
,
Fi.
Cor.
33
by
force
whereof
hée
did
kill
him
accordingly
.
This
was
a
good
and
sufficient
Indictment
:
for
hée
was
indicted
in
the
county
where
he
committed
his
offence
,
Kel
.
fol.
67.
viz.
the
procurement
.
And
if
a
man
being
in
one
county
,
doth
procure
another
to
kill
a
third
person
in
another
county
,
whereby
he
doth
kill
him
accordingly
,
in
this
case
a
Iury
of
the
county
where
the
murther
was
committed
,
may
indict
this
procuror
as
accessory
,
for
that
this
murther
was
begun
by
his
procurement
.
Insidiatores
viarum
depopulatores
agrorum
.
15
By
the
Statute
of
Anno
4.
H.
4.
it
was
ordained
,
St.
4.
H.
4.
2.
That
the
words
Insidiatorum
viarum
,
&
Depopulatores
agrorum
shall
not
be
from
henceforth
vsed
,
or
put
in
Indictments
,
Arraignements
,
Appeales
,
nor
other
impeachments
:
Nor
that
by
force
of
any
such
word
,
or
terme
,
any
of
the
kings
people
shall
be
arraigned
,
appealed
,
impeached
,
nor
grieued
before
any
secular
Iudge
.
But
the
Iustices
may
take
and
receiue
before
them
Indictments
,
Arraignements
,
and
Appeales
of
Felony
,
containing
in
them
the
effect
of
the
said
words
and
termes
,
if
any
shal
be
hereafter
indicted
,
arraigned
,
or
appealed
before
them
of
any
such
Felonies
.
And
if
in
time
to
come
any
Clerkes
shall
be
indicted
,
arraigned
,
or
appealed
,
and
their
indiments
,
arraignements
,
or
appeales
doe
purport
the
effect
of
the
said
wordes
,
or
other
wordes
of
the
like
effect
;
notwithstanding
,
they
shall
enioy
the
priuiledge
of
their
Clergie
.
Words
not
necessarie
in
Indictments
.
16
By
a
Statute
made
Anno
37.
H.
8.
the
words
vi
&
armis
,
viz.
St.
37.
H.
8.
8
cum
baculis
,
cultellis
,
arcubus
,
&
sagittis
,
or
such
other
like
(
before
time
commonly
vsed
and
comprised
in
all
Indictments
and
inquisitions
of
Treason
,
Murther
,
Felony
,
Trespas
,
and
other
offences
)
shall
not
of
necessitie
bée
put
or
comprised
in
any
Inquisition
,
or
Indictment
:
Nor
the
party
being
indicted
of
any
offence
,
shall
take
aduantage
by
Writ
of
Error
,
Plea
,
or
otherwise
,
to
auoid
any
such
Inquisition
or
Indictment
,
for
that
the
said
wordes
or
any
of
them
shall
not
bée
put
in
the
said
Inquisition
or
Indictment
:
But
the
said
Inquisitions
or
Indictments
lacking
the
foresaid
words
,
or
any
of
them
,
shall
bée
taken
to
all
intents
as
good
and
effectuall
in
Law
,
as
if
the
said
words
were
in
them
.
No
more
shall
be
in
an
indictment
then
is
true
.
17
By
these
two
last
Statutes
it
doth
appeare
,
St.
4.
H.
4.
2.
St.
37.
H.
8.
8
that
the
Realms
was
offended
because
Indictments
were
stuffed
with
more
words
then
the
offence
required
,
and
that
of
purpose
to
aggrauate
the
offence
more
then
it
was
grieuous
in
it selfe
.
For
the
circumstances
of
euery
offence
doe
augment
,
or
diminish
it
,
according
to
the
qualities
thereof
.
And
therefore
it
is
requisite
that
there
shall
be
no
further
circumstance
put
in
Indictments
,
more
then
the
fact
,
sauing
that
which
is
true
,
least
Periurie
should
ensue
,
and
Iustice
bée
subuerted
thereby
:
for
such
words
be
not
words
of
forme
,
but
as
materiall
and
necessarie
,
as
Proditorié
,
or
Felonicè
,
which
ought
to
be
put
in
euery
Indictment
of
Treason
,
or
Felony
,
or
otherwise
the
Indictment
is
not
good
,
for
they
doe
expresse
the
intent
wherewith
the
fact
was
committed
,
Felonice
omitted
in
an
indictment
of
felony
.
which
maketh
the
offence
to
bee
knowne
.
As
,
one
was
indicted
,
That
he
tooke
his
father
being
sicke
,
Fi.
Indict
.
3.
&
carried
him
against
his
will
from
towne
to
towne
in
a
great
frost
,
wherof
he
died
:
and
for
that
this
word
Felonicè
was
not
in
the
indictment
,
it
was
adiudged
void
.
And
if
one
be
indicted
of
murther
,
or
manslaughter
,
1.
M.
Di.
99.
there
must
be
of
necessitie
in
the
indictment
a
stroke
supposed
viz.
tali
die
&
anno
felonicè
&
ex
malitia
praecogitata
interfecit
&
murdrauit
,
&c.
without
saying
percussit
.
And
if
a
man
be
indicted
of
Piracy
,
Piracie
in
an
indictment
.
there
ought
to
be
in
the
indictment
not
only
this
word
felonicè
,
Stamf.
114.
but
also
this
word
piraticè
.
18.
E.
3.
32.
Fitz.
Cor.
122.
13.
Ass.
p.
6
18
In
an
action
of
trespas
brought
for
the
taking
away
of
a
mans
wife
,
Where
a
verdict
shal
be
an
indictment
.
and
the
goods
of
the
husband
,
the
def.
pleaded
not
guiltie
,
and
was
found
by
verdict
guiltie
:
in
this
case
the
same
verdict
shall
serue
as
an
indictment
for
the
K.
and
the
def.
shal
be
thereupon
arraigned
of
felony
.
And
in
like
sort
,
●n
an
action
of
trespas
brought
for
the
taking
away
of
his
goods
,
Fitz.
Indict
.
31.
the
defendant
pleaded
not
guiltie
,
and
it
was
found
by
verdict
,
that
the
defendant
with
other
his
companions
did
steale
those
goods
from
the
plaintife
:
whereupon
the
defendant
was
awarded
presently
to
answer
to
the
felony
at
the
K.
suit
.
But
it
was
then
affirmed
,
that
if
the
enquest
had
passed
in
any
other
place
sauing
the
K.
Bench
,
nothing
ought
to
haue
béene
done
touching
the
felony
,
vntill
the
Eyre
of
the
Iustices
.
1.
H.
7.
6.
19
If
the
Sherife
returne
a
Rescous
made
vnto
him
of
one
which
hee
did
arrest
for
felony
,
and
was
taken
out
of
his
possession
:
The
Sherifs
returne
no
indictment
.
In
this
case
notwithstanding
this
return
be
matter
of
record
,
yet
it
is
not
sufficient
to
serue
as
an
indictment
against
him
that
made
the
Rescous
.
And
the
same
law
is
,
if
the
Sherife
returne
,
2.
E.
3.
1.
that
the
party
arrested
did
escape
from
him
.
And
the
reason
of
the
difference
betwéen
the
two
former
cases
&
these
,
is
,
for
that
in
the
first
cases
there
is
a
verdict
of
twelue
men
,
which
will
alwaies
serue
for
the
King
,
if
they
conteine
matter
that
will
intitle
him
.
For
the
King
is
euer
present
in
court
,
and
if
the
parties
in
pleading
,
or
the
Iurie
in
their
verdict
,
do
disclose
any
matter
which
shall
intitle
the
King
,
the
court
shall
adiudge
for
the
King
,
though
he
be
none
of
the
parties
to
the
action
.
But
in
the
other
case
of
the
Sherifes
returne
,
it
is
not
so
:
for
the
Sherifes
returne
will
rather
attaint
him
,
than
put
him
to
answer
,
for
that
it
is
a
common
rule
,
that
against
the
Sherifes
returne
there
is
no
Trauerse
,
nor
answer
.
S.
Breaking
of
prison
7.
25.
E.
3.
43.
8.
H.
1.
8.
2.
H.
7.
7.
3.
H.
7.
5.
5.
E.
6.
Di.
69
20
An
Indictment
which
is
vncertaine
is
not
good
,
The
yere
,
day
,
and
place
,
necessarie
in
an
indictment
.
and
therefore
to
make
a
good
Indictment
,
it
is
necessarie
to
put
in
the
yeare
,
day
,
and
place
,
when
,
and
where
the
felonie
was
committed
:
And
it
ought
to
bée
such
a
day
as
is
not
doubtfull
,
nor
vncertaine
:
for
if
it
be
so
,
it
is
as
much
as
if
no
day
had
bin
put
in
.
And
therefore
if
a
man
be
indicted
,
Certaintie
in
the
day
.
that
hee
committed
felonie
in
the
Feast
of
Saint
Paul
,
without
addition
,
and
there
be
two
Feastes
of
Saint
Paul
in
the
yeare
,
this
is
an
vncertaine
indictment
,
and
so
void
.
A
man
was
indicted
,
for
that
the
first
day
of
May
,
and
the
fourth
day
of
May
,
at
Dale
hee
did
beat
and
wound
I.S.
and
then
and
there
did
take
and
steale
from
him
feloniously
,
2.
H.
7.
7.
a
white
horse
:
and
this
was
adiudged
a
void
indictment
,
for
it
is
vncertaine
whither
these
words
adtunc
&
ibidem
shall
haue
relation
,
for
a
felony
can
be
committed
but
at
one
time
and
place
.
21
An
Indictment
ought
to
be
certaine
not
onely
in
the
day
,
Indictment
certaine
in
the
matter
.
but
also
in
the
matter
.
8.
E.
4.
3.
As
if
one
be
indicted
for
apprehending
of
a
man
for
suspition
of
felony
,
and
that
he
did
after
voluntarily
and
feloniously
let
him
go
at
libertie
,
and
the
indictment
doth
not
shew
in
certaintie
for
suspition
of
what
felony
he
was
taken
,
this
is
a
void
indictment
.
Indictments
certain
in
the
persons
receiued
.
22
If
a
man
be
indicted
as
accessory
to
foure
men
,
in
this
maner
,
viz.
30.
H.
6.
2.
that
he
knowing
those
foure
to
haue
committed
felony
,
did
receiue
them
feloniously
at
D.
and
the
indictment
doth
not
shew
which
of
them
he
receiued
,
this
indictment
is
void
for
the
incertaintie
:
for
the
indictment
should
haue
bin
,
that
he
did
receiue
them
all
foure
by
name
,
or
thrée
,
two
,
or
one
of
them
by
name
.
Indictment
vncertain
at
which
court
.
23
If
an
indictment
be
,
49.
H.
6.
15
31.
H
8.
Dyer
46.
4.
&
5.
P.
&
M.
Dy.
164
33
H.
8.
Dyer
50.
Ad
magnam
curiam
cum
leta
tentam
tali
die
&
anno
extitit
praesentatum
quod
&c.
this
is
a
void
indictment
,
for
that
it
is
vncertaine
to
which
of
those
courts
a
man
will
refer
the
presentment
,
whether
to
the
Léet
,
or
to
the
Court
Baron
.
And
so
must
the
words
of
an
indictment
be
certaine
in
euerie
addition
of
the
county
,
Indictment
vncertaine
in
the
addition
.
towne
,
place
,
time
,
person
,
mysterie
,
&c.
and
in
an
Aliàs
dictus
&c.
and
in
the
placing
thereof
.
Indictment
for
making
of
money
.
24
If
a
man
be
indicted
,
that
he
made
C.
s.
by
Alchimy
,
Fitz.
Indict
.
10.
like
the
mony
of
our
Soueraigne
Lord
the
K.
and
it
is
not
alledged
in
the
indictment
what
mony
it
was
,
viz.
pence
,
grotes
,
or
&c.
this
is
a
void
indictment
for
the
vncertaintie
.
A
common
théefe
.
25
If
a
man
be
indicted
,
that
he
is
a
common
euill
doer
,
or
a
common
théefe
,
22.
Ass.
p.
73
29.
As
.
p.
45.
without
shewing
specially
in
what
thing
,
this
is
a
void
indictment
,
because
it
is
vncertaine
in
what
things
the
transgressor
hath
offended
.
By
the
stat.
of
anno
25.
E.
3.
9.
pro
Clero
,
it
is
ordained
,
That
no
Ordinarie
,
St.
25.
E.
3.
or
any
minister
of
his
,
shal
be
indicted
of
extortion
or
oppression
generally
:
but
it
must
be
declared
and
put
in
certaine
in
the
indictment
,
in
what
thing
,
of
what
,
and
in
what
maner
the
said
Ordinaries
or
their
Ministers
haue
done
extortion
and
oppression
:
Indictment
of
the
Ordinarie
must
be
certaine
.
or
otherwise
the
said
Ordinaries
and
their
ministees
shal
not
be
impeached
by
the
K.
Iustices
for
the
said
indictment
.
The
foresaid
A.
where
none
is
named
.
26
If
a
man
be
indicted
for
the
stealing
of
the
goods
of
the
foresaid
A.
where
there
is
no
such
A.
before
named
in
the
indictment
,
this
is
a
void
indictment
:
9.
E.
4.
1.
for
that
words
subsequent
cannot
haue
relation
to
words
precedent
,
where
there
be
none
such
.
Indictment
for
the
killing
of
a
man
vnknowne
.
27
No
man
is
bound
to
answer
to
an
appeal
of
felony
touching
the
death
of
a
man
,
if
the
appellant
do
not
name
the
name
of
the
party
that
was
killed
.
22.
As
p.
94
But
a
man
may
be
indicted
quod
interfecit
quendam
hominem
ignotum
:
2.
E.
3.
26.
9.
H.
6.
64.
1.
Ass.
p.
7.
for
he
that
is
slaine
may
be
so
mangled
in
the
face
,
or
was
dwelling
so
far
off
,
that
he
cannot
be
knowne
by
name
.
Indictment
for
stealing
the
goods
of
a
man
vnknowne
.
And
in
like
sort
a
man
may
be
indicted
for
the
stealing
of
the
goods
of
cuiusdam
hominis
ignoti
.
And
the
reason
is
,
Fitz.
Indict
.
12.
1.
M.
Di.
96.
11.
Eliz.
Dyer
285.
for
that
this
indictment
is
not
the
suit
of
the
owner
of
the
goods
,
but
is
the
Kings
suit
,
who
is
to
haue
the
goods
,
if
no
man
doe
claime
them
:
And
it
were
not
expedient
that
the
King
should
loose
the
goods
,
for
that
the
name
of
the
owner
is
not
there
knowne
,
which
owner
peraduenture
for
feare
wil
not
claime
the
goods
as
his
owne
,
or
who
(
it
may
be
)
is
dwelling
in
another
Countie
,
farre
distant
from
the
place
where
the
goods
were
stollen
:
so
that
the
country
where
the
goods
were
stollen
,
doth
neither
know
his
name
or
sirname
.
And
therefore
for
the
K.
aduantage
,
and
for
to
print
a
greater
terror
into
the
hearts
of
malefactors
,
to
commit
such
hainous
crimes
,
such
Indictments
bee
allowed
good
.
And
yet
a
man
being
indicted
for
stealing
of
the
coat
of
a
dead
man
vnknowne
,
Fitz.
Indict
.
27.
the
Indictment
was
not
allowed
:
for
it
was
holden
,
that
the
executors
of
the
dead
shal
haue
this
coat
,
or
the
Ordinarie
,
or
else
it
shal
be
deliuered
to
the
church
,
or
otherwise
be
imployed
to
charitable
vses
.
Quaere
differentiam
.
28
If
a
man
be
indicted
Quod
bona
Capellae
in
custodia
&c.
The
goods
of
a
chappell
or
church
.
aut
bona
domus
&
ecclesiae
tempore
vacationis
felonicè
furatus
est
&c.
this
is
a
good
Indictment
:
7.
E.
4.
14.
9.
E.
4.
33.
And
yet
in
this
case
there
is
no
owner
here
,
but
because
the
propertie
can
be
in
no
other
,
neither
can
it
be
otherwise
done
,
for
that
cause
the
Indictment
is
allowed
to
be
good
.
29
An
Indictment
the
force
whereof
doth
depend
vpon
an
argument
,
An
indictment
depending
vpon
an
argument
or
implication
.
or
implication
,
2.
Ed.
3.
1.
Fitz.
Indict
.
8.
is
not
good
:
As
if
one
be
indicted
,
Quod
felonicè
abduxit
vnum
equum
,
he
did
feloniously
lead
away
a
horse
:
this
is
not
a
good
Indictment
without
saying
felonicè
cepit
&
abduxit
,
viz.
that
he
feloniously
tooke
and
led
him
away
,
Co.
li.
4.
42.
44.
for
it
may
be
that
the
horse
was
lent
him
,
&
so
he
led
him
away
,
in
which
case
then
it
is
no
felonie
:
and
yet
in
these
words
felonicè
abduxit
is
implied
,
that
he
did
steale
the
horse
.
18.
E.
4.
10.
30
If
an
Indictment
be
,
Quod
furatus
est
vnum
equum
,
viz.
Furatus
est
without
felonicè
.
that
hee
did
steale
one
horse
,
and
saith
not
felonicé
,
this
is
a
void
indictment
,
though
felonicè
be
implied
in
these
words
,
furatus
est
.
And
in
like
sort
it
is
,
if
a
man
be
indicted
of
a
rape
,
9.
Ed.
4.
26.
and
the
indictment
is
,
quod
eam
carnalitèr
cognouit
,
without
vsing
the
word
rapuit
,
this
is
no
good
indictment
,
and
yet
carnalitèr
cognouit
is
an
argument
of
a
rape
,
though
it
may
be
that
he
did
carnally
know
her
by
her
owne
will
and
consent
,
9.
Eliz.
Dyer
261.
13.
Eliz.
Dyer
304.
and
so
not
rauish
her
.
And
in
an
indictment
of
murder
,
if
these
words
be
in
the
indictment
,
ex
malitia
praecogitata
,
&
voluntarié
,
&
felonicè
interfecit
,
&
not
this
word
murdrauit
,
it
shall
not
be
adiudged
a
murder
,
Murdrauit
.
but
homicide
.
31
If
an
indictment
of
felonie
be
found
before
A.B.
Iust.
of
peace
,
Indictment
before
I
of
peace
.
without
making
mention
of
any
commission
that
they
haue
to
heare
&
determine
felonies
,
this
is
no
good
indictment
:
St.
18.
E.
3.
2
for
by
the
stat.
of
an
.
18.
E.
3.
they
haue
power
by
commission
to
heare
&
determine
felonies
,
and
not
by
vertue
of
their
office
only
,
and
yet
it
is
to
be
implied
,
that
all
Iust.
of
peace
by
force
of
their
commission
,
5.
E.
6.
Di.
69
haue
authoritie
to
heare
and
determine
felonies
:
And
they
haue
authoritie
to
inquire
of
murder
,
for
that
it
is
felonie
.
●2
.
E.
4.
12
32
If
one
be
indicted
vpon
the
sight
of
the
body
before
the
Maior
of
London
,
Maior
of
London
Coroner
.
without
adding
thereunto
this
word
Coronatore
,
this
is
no
good
indictment
:
and
yet
he
that
is
Maior
of
London
is
alwayes
Coroner
,
&
so
by
implication
it
may
be
taken
.
But
such
an
indictment
is
not
good
,
which
must
haue
an
argument
or
implication
.
33
If
one
be
indicted
as
accessorie
for
the
receit
of
a
felon
,
Indictment
of
the
receit
of
a
felon
,
as
accessorie
.
2.
H.
6.
42.
there
must
in
the
indictment
mention
be
made
of
the
maner
of
the
felony
,
&
that
the
party
indicted
knowing
the
principal
to
haue
committed
such
a
felony
,
did
feloniously
receiue
him
.
But
it
is
otherwise
,
if
a
man
receiue
one
attainted
of
felony
in
the
same
county
where
the
felony
was
committed
:
for
in
that
case
,
8.
E.
4.
3.
if
he
be
indicted
of
the
receit
of
the
felon
,
Indictment
of
the
receit
of
one
attainted
of
felonie
.
mention
néed
not
be
made
of
the
maner
of
the
felony
,
because
it
is
sufficient
that
the
party
attainted
of
felony
was
receiued
,
though
the
attainder
be
erronious
:
séeing
it
is
not
lawfull
for
any
to
receiue
him
,
for
euery
person
is
bound
to
take
notice
of
this
attainder
which
is
in
the
same
countie
where
he
dwelleth
.
But
it
is
otherwise
,
Fi.
Cor.
377
if
the
attainder
were
in
a
forein
county
,
for
there
none
be
bound
to
take
knowledge
therof
but
the
inhabitants
of
the
same
county
,
and
therefore
in
that
case
,
notwithstanding
the
attainder
,
mention
ought
to
be
made
of
the
maner
of
the
felony
.
Receit
of
the
goods
stolne
and
felon
.
34
It
is
no
good
indictment
of
an
accessory
,
to
say
,
25.
Ed.
3.
3●
.
27.
Ass.
p.
69
9.
H.
4.
1.
that
the
said
accessory
did
receiue
the
goods
stoln
,
without
affirming
that
he
receiued
the
felon
also
,
for
he
is
not
accessory
to
a
felony
,
which
doth
receiue
goods
stolne
only
,
except
he
doth
also
receiue
the
felon
.
S.
Principall
&
Accessorie
14.
&
17.
Indictments
void
to
one
purpose
,
will
serue
for
another
.
35
Although
in
the
cases
aforesaid
,
the
indictments
be
void
touching
felony
,
18.
E.
4.
10.
2.
H.
7.
7.
6.
H.
7.
4.
yet
diuers
of
them
shall
serue
as
indictments
of
trespas
,
to
cause
the
partie
offending
to
make
a
fine
,
&
specially
such
indictments
that
do
not
want
any
certaintie
,
but
only
words
which
make
the
offence
felony
.
And
in
those
indictments
which
do
want
certainty
,
the
Iust.
may
award
a
Scire
fac
'
against
the
indictors
to
amend
that
which
wanteth
.
And
so
may
the
Iust.
of
the
K.
Bench
,
8.
H.
5.
8.
if
the
indictment
be
taken
in
the
same
county
where
the
said
bench
is
sitting
.
Or
otherwise
,
if
the
indictment
were
taken
before
the
sherife
,
coroner
,
or
Iust.
of
peace
,
2.
E.
3.
1.
&
18.
the
court
may
direct
a
writ
to
the
said
sherife
,
coroner
,
or
Iust.
of
peace
,
to
know
if
they
haue
any
other
indictment
before
them
.
A
prisoner
discharged
,
retained
in
prison
.
36
If
the
court
vpon
the
arraignment
of
a
prisoner
,
Fitz.
Indict
.
27.
doth
discharge
him
of
the
indictment
,
paying
his
fées
,
because
at
that
time
they
do
think
the
indictment
to
be
insufficient
,
yet
if
after
at
another
day
,
or
time
,
they
alter
their
opinion
,
then
they
may
send
to
the
gaoler
,
&
charge
him
,
that
the
prisoner
shal
not
depart
forth
of
prison
,
but
stand
againe
at
his
deliuerance
,
notwithstanding
their
iudgement
before
,
if
so
be
that
the
iudgement
be
not
entered
:
And
this
is
by
the
kings
prerogatiue
,
who
is
partie
to
the
suit
.
The
differences
betwéen
Appeale
and
Indictment
.
37
And
séeing
I
haue
treated
first
of
Appeales
,
&
now
of
Indictments
,
22.
As
.
p.
94
it
is
to
be
considered
,
what
differences
there
be
betwéene
them
.
In
an
Appeal
of
the
death
of
a
man
,
the
name
of
him
which
is
dead
must
be
contained
,
or
otherwise
it
is
not
good
.
And
therfore
there
lyeth
no
Appeale
of
the
death
of
an
infant
in
his
mothers
womb
,
No
name
.
for
that
infant
had
neither
name
nor
sirname
:
and
moreouer
that
maner
of
killing
is
no
felony
.
But
if
one
be
indicted
of
the
death
of
a
man
vnknowne
,
it
is
a
good
indictment
:
M.
2.
E.
3.
26
9.
H.
6.
45.
1.
Ass.
p.
7.
for
he
that
was
slaine
may
be
so
mangled
in
the
face
by
the
murderer
,
Killing
of
a
man
vnknown
.
or
some
other
,
or
by
some
other
means
,
that
he
cannot
be
knowne
.
And
though
in
that
case
no
man
can
be
of
kin
to
him
who
is
vtterly
vnknowne
,
by
which
meane
no
Appeale
can
be
maintained
by
any
,
yet
séeing
offences
must
not
remaine
vnpunished
,
the
offendor
in
this
case
shall
be
indicted
:
and
the
enquest
which
shall
passe
vpon
his
arraignment
,
2.
Ed.
3.
26.
11.
Eliz.
●●
Dyer
285.
shall
deliuer
to
the
court
a
name
of
him
that
was
slain
,
to
the
intent
,
that
if
the
party
arraigned
,
or
any
other
,
shall
vouch
that
record
,
hee
shall
not
depart
from
thence
without
acertaine
name
.
In
an
indictment
of
treason
or
felony
,
the
party
indicted
shall
not
plead
misnaming
Misnaming
.
of
his
sirname
,
but
he
must
answer
to
the
indictment
,
1.
H.
5.
5.
11.
H.
4.
40
11.
H.
7.
5.
Fi.
Cor.
113
whether
he
haue
one
name
or
other
:
And
yet
in
an
Appeale
it
is
otherwise
:
But
in
an
Appeale
&
also
in
an
Indictment
,
the
prisoner
may
plead
misnaming
of
his
name
of
baptisme
,
and
it
being
proued
,
the
indictment
shal
be
quashed
.
In
an
indictment
the
partie
indicted
may
become
an
approuer
,
Approuer
.
and
so
cannot
an
appellée
in
an
appeale
.
22.
Ed.
4.
19.
In
an
appeale
the
defendant
may
haue
his
trial
by
battel
,
Triall
by
battell
.
if
he
wil
,
but
so
he
cannot
haue
which
is
indicted
.
A
felon
may
be
indicted
in
the
county
where
he
did
steal
the
goods
,
or
in
any
other
county
whither
he
carried
them
.
4.
H.
7.
5.
And
in
like
sort
an
appeale
may
be
pursued
against
a
felon
,
in
the
county
where
he
did
first
steal
the
goods
,
or
in
any
other
county
whither
he
carried
them
.
Fi.
Cor.
232
41.
Ass.
p.
9.
Co.
li.
4.
45.
38
It
is
a
good
plea
in
an
appeale
or
indictment
of
felony
,
to
say
,
Pleading
another
time
acquit
of
the
same
felonie
.
that
he
was
at
another
time
arraigned
of
the
same
felony
,
before
such
Iust.
&
acquited
,
and
to
vouch
the
record
:
for
he
shal
not
be
compelled
to
haue
the
record
in
hand
,
because
his
plea
is
not
dilatory
,
but
in
bar
,
and
that
plea
shal
be
a
good
bar
(
if
it
bée
a
lawfull
acquitall
)
for
that
by
the
common
law
a
man
shall
not
put
his
life
in
ieopardie
of
triall
twice
for
one
and
the
same
felony
,
sauing
in
certaine
speciall
cases
.
But
it
ought
to
be
of
one
offence
,
or
else
his
plea
is
to
no
purpose
.
And
therfore
if
two
men
be
indicted
of
felony
,
as
principals
,
Another
offence
.
and
after
by
another
indictment
it
is
found
,
that
one
of
them
committed
the
felony
,
and
the
other
did
but
feloniously
receiue
him
after
the
felony
committed
,
&
vpon
the
first
indictment
they
be
both
arraigned
&
acquited
,
and
after
hée
which
was
indicted
as
accessorie
,
8.
H.
5.
6.
27.
Ass.
p.
10
Bro.
Cor.
185.
2.
E.
3.
26.
Fitz.
Cor.
424.
is
arraigned
,
and
pleadeth
,
that
he
was
at
another
time
acquited
of
the
same
felony
:
this
plea
wil
not
discharge
him
,
because
it
is
not
of
one
offence
,
but
of
diuers
,
for
it
was
done
at
seueral
times
.
But
if
he
had
bin
indicted
as
accessory
before
the
offence
committed
,
this
acquitall
of
him
as
principall
,
would
haue
discharged
him
of
his
offence
also
,
for
they
be
in
maner
one
offence
,
although
they
be
done
at
seuerall
dayes
:
For
when
a
felony
is
committed
by
force
of
commandement
,
the
commander
in
that
case
is
party
to
the
principal
fact
,
so
is
not
the
other
which
is
accessory
after
the
felony
committed
.
Bracton
Bracton
.
sayth
,
that
force
and
commandement
be
as
the
foundation
of
the
principall
fact
,
and
so
annexed
and
conioyned
vnto
it
,
that
they
cannot
be
seuered
from
it
:
because
a
wound
,
a
déed
,
and
commandement
,
do
procure
one
onely
fact
,
and
it
may
bée
there
should
haue
béen
no
wound
,
except
there
had
béen
force
,
neither
wound
nor
force
,
vnlesse
commandement
had
gone
before
,
and
bidden
it
to
haue
béene
done
.
But
force
and
commandement
(
which
in
the
time
of
Bracton
were
but
accidents
to
the
fact
,
and
made
the
offendors
therin
but
accessories
)
be
now
the
principal
fact
,
if
the
giuer
of
that
commandement
be
present
when
the
felony
is
done
.
S.
Appeales
94.
26.
As
.
p.
15
11.
H.
4.
41.
Fi.
Cor.
336
39
If
a
man
be
indicted
&
arraigned
of
the
death
of
I.
Stile
,
Indictment
of
the
death
of
a
man
knowne
by
two
sirnames
.
which
I.
Stile
was
also
knowne
by
the
name
of
I.
Noke
,
as
well
as
by
the
name
of
I.
Stile
,
in
this
case
the
def.
may
plead
,
that
he
was
at
another
time
indicted
&
acquited
of
the
death
of
I.
Noke
,
&
auerre
,
that
the
said
I.
Noke
&
Iohn
Stile
,
were
one
person
,
&
not
diuers
,
and
demand
iudgement
,
if
he
shal
be
put
to
make
answer
to
that
indictment
:
in
which
case
,
notwithstanding
this
variance
of
names
,
he
shal
be
discharged
,
because
he
was
indicted
and
acquited
of
the
death
of
the
selfe
same
man
,
of
whose
death
he
is
now
againe
indicted
and
arraigned
.
Indicted
of
the
same
mans
death
.
40
If
a
man
be
killed
two
yeares
past
,
3.
Ass.
p.
15
22.
Ass.
p.
55
Fi.
Cor.
336
and
one
is
indicted
and
arraigned
of
his
death
,
and
acquited
,
and
after
he
that
was
acquited
is
againe
of
new
indicted
and
arraigned
of
the
same
mans
death
,
supposing
that
he
killed
him
this
present
yeare
:
yet
notwithstanding
this
variance
,
the
party
indicted
shal
shew
the
truth
of
the
case
,
and
plead
his
first
acquitall
for
his
discharge
,
and
bee
discharged
:
And
the
reason
is
,
because
one
man
cannot
bee
twice
killed
;
for
the
Court
in
this
case
doth
vse
to
charge
the
enquest
with
the
time
of
the
death
of
him
who
is
supposed
to
be
slaine
,
and
also
whether
there
were
any
other
which
was
killed
,
as
the
last
indictment
doth
suppose
,
or
not
.
Indictment
in
two
counties
of
one
offence
.
41
If
a
man
be
indicted
in
one
county
of
the
death
of
another
,
and
thereupon
arraigned
,
&
after
he
is
indicted
in
another
county
of
the
same
parties
death
,
he
may
plead
the
same
acquitall
in
bar
,
for
that
no
mans
life
shall
be
twice
put
in
ieopardie
of
triall
for
one
offence
,
and
one
man
can
be
but
once
slaine
.
But
it
is
otherwise
in
an
indictment
of
robberie
,
for
a
man
may
be
robbed
by
one
person
at
seuerall
times
,
and
in
seueral
counties
,
and
so
the
acquitall
of
one
of
the
same
robberies
will
not
serue
him
for
the
other
.
And
therfore
if
one
be
indicted
of
robbery
in
one
county
,
the
defendant
cannot
plead
,
4.
H.
7.
5.
that
he
was
indicted
of
the
same
robberie
in
another
county
,
and
acquited
,
for
no
man
can
be
indicted
or
arraigned
for
a
robbery
,
but
in
the
county
where
the
same
robbery
was
committed
:
and
though
the
def.
doth
surmise
,
that
it
is
but
one
and
the
same
felony
,
yet
that
cannot
be
tried
,
for
the
county
where
the
first
indictment
was
taken
,
and
the
county
where
the
last
was
taken
,
cannot
ioyne
to
make
triall
thereof
.
But
some
do
affirme
,
that
it
is
a
good
plea
in
an
Appeale
of
robbery
,
for
by
the
Appeale
the
plaintif
is
to
recouer
his
goods
by
the
common
law
,
and
so
he
is
not
vpon
an
indictment
.
Indictment
of
rape
.
A
man
was
indicted
in
the
K.
bench
of
a
rape
and
robbery
committed
in
the
county
of
C.
and
he
pleaded
,
41.
As
.
p.
9.
that
he
was
before
indicted
of
the
same
rape
before
the
Iust.
of
Assise
in
the
county
of
C.
and
arraigned
and
acquited
of
the
same
fact
:
And
for
that
it
was
of
the
same
fact
,
he
was
discharged
.
Arraigned
vpon
an
insufficient
indictment
or
appeale
.
42
It
is
not
a
sufficient
plea
in
bar
in
an
Appeale
or
Indictment
of
felony
,
to
plead
,
that
he
was
at
another
time
acquited
,
if
there
were
not
sufficient
matter
of
felony
in
that
apeale
or
indictment
whereof
he
was
acquited
:
Co.
li.
4.
45.
Fitz.
Cor.
414.
for
if
there
were
not
sufficient
matter
of
felony
in
the
first
appeale
or
indictment
,
and
the
same
partie
is
againe
indicted
of
new
,
by
an
indictment
which
doth
comprehend
sufficient
matter
of
felony
,
he
shal
be
againe
arraigned
,
because
in
that
case
he
neuer
put
his
life
in
ieopardy
.
For
when
an
offendor
is
discharged
vpon
an
insufficient
indictment
,
the
law
hath
not
had
his
end
,
neither
was
the
life
of
the
party
in
the
iudgement
of
law
at
any
time
in
ieopardie
:
And
the
law
will
not
suffer
great
offences
to
go
vnpunished
.
Acquit
vpon
an
erronious
appeale
.
43
If
one
be
acquited
vpon
an
erronious
appeale
,
which
acquitall
is
reuersed
by
errour
,
he
shall
now
be
arraigned
at
the
K.
suit
,
vpon
an
indictment
,
9.
H.
5.
2.
for
that
by
the
reuersall
he
is
become
in
that
state
,
as
if
he
had
not
béene
acquited
.
But
vntill
that
reuersal
be
made
,
it
shal
be
a
good
plea
to
plead
,
Fitz.
Cor.
444.
another
time
acquit
.
And
it
séemeth
,
that
the
same
is
when
the
errour
is
in
Proces
that
is
not
materiall
,
which
the
defendant
doth
appeare
and
answer
to
the
originall
writ
.
But
the
def.
shal
not
any
more
make
answer
to
the
appellant
,
although
the
first
acquitall
be
reuersed
,
for
so
the
appellant
might
delude
the
court
infinitly
,
and
the
defendant
should
neuer
be
deliuered
.
21.
H.
6.
20
44
If
one
do
bring
an
Appeale
,
which
hath
no
cause
to
maintaine
the
same
:
Acquit
vpon
an
Appeale
brought
by
one
that
hath
no
right
.
As
if
one
which
is
not
the
lawfull
wife
,
or
the
next
heire
of
him
that
was
slain
do
bring
an
Appeale
,
and
the
defendant
doth
take
no
aduantage
thereof
,
but
pleadeth
not
guiltie
,
and
is
acquit
,
yet
this
acquitall
will
not
serue
to
barre
the
lawfull
wife
,
or
next
heire
of
the
dead
,
when
they
shal
bring
their
Appeale
,
neither
in
this
case
the
king
shal
be
barred
to
arraigne
him
vpon
a
indictment
,
or
vpon
a
new
appeale
,
when
the
partie
plaintife
is
nonsuit
therein
.
16.
Ed.
4.
11.
8.
H.
5.
6.
45
If
one
bée
arraigned
vpon
an
Indictment
at
the
Kings
suit
,
One
arraigned
vpon
an
indictment
before
the
parties
appeale
be
determined
and
acquited
(
where
,
by
the
order
of
law
,
the
King
ought
to
haue
tarried
vntill
the
Appeale
which
was
depending
had
béen
determined
)
yet
this
is
no
errour
:
but
the
foresayd
plea
,
viz.
another
time
acquit
of
the
same
felonie
,
shall
serue
him
that
doth
plead
it
.
Fitz.
Cor.
375.
46
If
a
man
be
indicted
of
felony
,
and
arraigned
at
the
Kings
suit
,
Acquit
by
battell
in
an
Appeale
.
it
is
no
plea
for
him
to
say
,
that
at
another
time
he
was
acquited
of
the
same
felony
in
an
Appeale
,
if
so
be
that
the
same
acquitall
were
not
by
enquest
,
but
by
battell
.
And
the
reason
is
,
because
tryall
by
battell
lyeth
not
against
the
King
,
and
therefore
it
is
not
méet
that
he
should
be
bound
by
that
tryall
,
whereunto
hée
neither
was
,
Bracton
.
nor
could
be
partie
.
And
yet
Bracton
sayth
,
that
if
the
appellée
in
an
Appeale
doth
make
his
choyce
,
to
defend
himselfe
by
his
bodie
,
and
all
things
be
readie
which
doe
ioyne
the
Appeale
,
battell
shal
be
presently
waged
,
and
if
in
that
case
he
that
is
appealed
by
diuers
,
of
one
fact
,
and
of
one
wound
,
doe
defend
himselfe
against
one
of
them
,
hée
shall
goe
acquit
against
all
the
residue
of
the
appellants
.
And
so
it
is
at
the
Kings
suit
,
for
by
this
meanes
he
doth
purge
his
innocencie
against
them
all
,
as
much
as
i●
hée
had
put
himselfe
vpon
the
countrey
,
and
the
countrey
had
cléerely
acquited
him
.
Ideo
quaere
.
47
Because
,
by
the
common
law
,
A
murderer
indicted
and
arraigned
at
the
K.
suit
.
within
a
yeare
and
a
day
after
any
murder
or
homicide
had
beene
done
,
the
felonie
should
not
haue
béene
determined
at
the
kings
suit
,
for
sauing
of
the
parties
Appeale
,
wherein
the
partie
was
oft-times
slow
,
and
also
agréed
with
,
and
by
the
end
of
the
yeare
all
was
forgotten
:
And
also
for
that
hée
which
wil
sue
an
Appeale
,
must
sue
it
in
proper
person
,
which
suit
is
long
and
costly
,
and
maketh
the
appellant
diuers
times
weary
thereof
,
which
were
occasions
of
murder
and
manslaughter
:
for
the
reformation
whereof
,
by
a
statute
made
Anno
3.
H.
7.
St.
3.
H.
7.
1.
it
was
enacted
,
That
if
any
man
be
slaine
,
or
murdered
,
and
the
slaiers
,
murderers
,
abettors
,
maintainers
,
and
comforters
of
the
same
bée
indicted
therefore
,
the
same
slayers
and
murderers
,
and
all
other
accessories
of
the
same
,
shal
be
arraigned
&
determined
of
the
same
felony
&
murder
at
any
time
at
the
K.
suit
,
within
the
yeare
after
the
same
felonie
&
murder
done
,
and
not
tary
the
yere
&
day
for
any
appeal
to
be
taken
for
the
same
felony
or
murder
.
And
if
it
happen
any
person
so
named
as
principall
or
accessorie
to
be
acquited
of
such
murder
at
the
Kings
suit
,
within
the
yeare
and
day
,
then
the
Iustices
before
whom
he
is
acquited
,
shall
not
suffer
him
to
go
at
large
,
but
either
shall
remit
him
againe
to
prison
,
or
else
let
him
to
baile
after
their
discretion
,
till
the
yeare
and
day
be
passed
.
And
if
the
same
Felons
,
Murderers
,
and
Accessories
,
or
any
of
them
so
arraigned
,
be
acquited
,
or
the
principall
of
the
sayd
felonie
,
or
any
of
them
be
attainted
,
the
wife
,
or
next
heire
to
him
so
slaine
,
as
case
shall
require
,
may
take
their
Appeale
of
the
same
death
and
murder
,
within
the
yeare
and
day
after
the
same
felonie
and
murder
done
,
against
the
said
person
so
arraigned
and
acquit
,
and
all
other
their
accessories
,
or
against
the
accessories
of
the
sayd
principall
,
or
any
of
them
so
attainted
,
or
against
the
sayd
principall
so
attainted
,
if
they
be
then
liuing
,
and
the
benefit
of
the
Clergie
thereof
before
not
had
.
And
the
appellant
shall
haue
such
aduantages
,
as
if
the
sayd
acquitall
and
attainder
had
not
béene
,
the
acquitall
or
attainder
notwithstanding
.
The
wife
or
heire
of
the
person
so
slaine
or
murdered
,
as
case
shall
require
,
may
commence
their
Appeale
in
proper
person
,
at
any
time
within
the
yeare
after
the
felonie
done
,
before
the
Sherif
and
Coroners
of
the
Countie
where
the
sayd
felony
and
murder
was
done
,
or
before
the
King
in
his
Bench
,
or
Iustices
of
gaole
deliuerie
.
And
though
that
by
force
of
the
sayd
statute
of
3.
H.
7.
at
another
time
acquited
is
no
plea
in
an
Appeale
of
death
at
this
day
,
Another
time
acquit
,
no
plea
in
Appeale
,
but
in
Indictment
.
yet
in
an
indictment
of
death
,
it
is
a
good
plea
,
to
plead
that
he
was
at
another
time
acquited
in
an
Appeale
brought
of
the
same
parties
death
.
S.
Appeales
93.
48
And
so
it
appeareth
,
that
the
before
rehearsed
enormities
that
were
at
the
common
law
,
and
some
others
,
touching
the
indicting
and
arraigning
of
murderers
and
manquellers
,
be
remedied
by
the
foresaid
statute
of
3.
H.
7.
but
in
other
Appeales
the
rules
of
the
common
law
doe
continue
in
force
:
For
if
a
man
be
indicted
of
robberie
,
and
hee
that
was
robbed
hath
an
Appeale
depending
of
the
same
robberie
,
No
indictment
of
robbery
vntil
the
Appeal
be
tryed
.
against
the
partie
indicted
,
in
which
Appeale
he
hath
procéeded
so
farre
,
that
the
Iust.
may
perceiue
that
it
is
of
the
same
robbery
,
they
ought
to
surcease
to
try
the
Appellée
vpon
the
indictment
,
31.
H.
6.
11
vntill
the
plaintife
hath
made
his
declaration
:
For
in
an
Appeale
by
writ
the
robbery
cannot
be
certainly
known
vntil
he
hath
made
his
declaration
,
though
it
be
otherwise
in
an
Appeale
commenced
by
bill
.
49
Though
at
another
time
conuicted
or
attainted
of
the
same
felony
,
Another
time
conuict
of
the
same
felonie
.
was
and
is
a
good
plea
for
him
that
is
the
second
time
,
or
more
often
,
indicted
and
arraigned
againe
vpon
the
same
felony
,
yet
by
the
common
law
,
if
one
had
béen
indicted
and
arraigned
of
felonie
,
and
deliuered
to
the
Ordinarie
as
a
Clerke
conuict
,
and
before
he
had
made
his
purgation
of
the
same
felony
,
he
had
broken
the
Ordinaries
prison
,
and
escaped
,
he
might
haue
bin
another
time
arraigned
vpon
the
same
indictment
.
And
it
was
no
plea
for
him
to
plead
,
Fitz.
Cor.
232.
that
hee
was
another
time
conuict
of
the
same
felony
,
and
deliuered
to
the
Ordinarie
,
or
that
he
was
a
Clerke
,
and
could
not
answer
without
his
Ordinarie
,
because
hée
remained
vnpurged
of
the
felonie
,
and
did
loose
the
benefit
of
his
Clergie
,
by
the
breaking
of
prison
.
And
yet
at
that
time
,
if
hee
had
not
broken
the
Ordinaries
prison
,
but
departed
by
his
licence
,
then
at
another
time
conuict
shold
haue
bin
a
good
plea
for
him
vpon
his
second
arraignment
.
But
now
sithence
by
the
stat.
of
an
.
18.
El.
St.
18.
El.
6.
euery
person
which
shal
be
admitted
to
haue
the
benefit
of
his
clergie
,
shal
not
therupon
be
deliuered
to
the
Ordinarie
,
as
hath
bin
accustomed
,
but
after
such
clergie
allowed
,
and
burning
in
the
hand
,
shal
forthwith
be
enlarged
and
deliuered
out
of
prison
by
the
Iust
.
before
whom
such
clergy
shal
be
granted
.
Therefore
at
this
day
,
if
one
bee
conuicted
of
felonie
,
and
hath
the
benefit
of
his
Clergie
,
Co.
li.
4.
40.
45.
and
is
burned
in
the
hand
,
if
after
in
any
case
he
shall
be
indicted
and
arraigned
of
the
same
felonie
,
it
shal
be
a
good
plea
for
him
to
plead
,
that
hée
was
another
time
conuict
of
the
same
felonie
(
because
the
life
of
a
man
shall
not
be
twice
put
in
ieopardie
for
one
offence
)
yea
though
he
shall
breake
the
prison
,
and
depart
from
thence
within
that
time
after
his
conuiction
which
the
Iustices
shall
thinke
conuenient
to
detaine
him
in
prison
for
his
further
correction
:
for
now
he
is
not
in
prison
for
felonie
,
but
for
correction
.
50
It
is
a
good
plea
for
him
that
is
arraigned
of
felonie
,
to
plead
,
that
he
is
attainted
of
felonie
,
Another
time
attainted
of
felonie
.
and
to
demand
iudgement
,
if
during
this
attainder
he
shal
be
put
to
answer
to
that
felony
whereof
he
is
attainted
,
or
to
any
other
felonie
:
for
if
he
should
be
put
to
answer
,
no
more
could
be
recouered
of
him
than
is
recouered
,
28.
E.
3.
90
neither
can
he
forf.
more
than
he
hath
forfeited
,
hauing
forfeited
life
,
lands
,
goods
,
and
all
that
he
hath
:
and
therefore
it
should
bee
to
no
purpose
to
trouble
him
any
more
.
But
it
is
otherwise
,
where
it
is
to
any
end
or
purpose
to
put
him
to
answer
,
and
plead
againe
to
a
new
indictment
,
as
in
some
speciall
cases
it
may
be
done
:
As
a
man
attainted
of
felony
,
hath
also
committed
treason
at
the
time
of
the
felonie
committed
:
in
this
case
he
shal
answer
to
the
treason
for
the
K.
aduantage
,
1.
H.
6.
5.
notwithstanding
his
attainder
of
felony
before
:
because
,
if
he
be
attainted
of
treason
,
the
king
shall
haue
the
escheat
of
his
lands
,
of
whomsoeuer
they
be
holden
:
but
if
the
treason
were
committed
after
the
felony
,
or
at
the
least
after
the
attainder
of
felony
,
then
it
were
otherwise
:
for
then
the
title
which
was
vested
in
the
chiefe
Lord
of
whom
his
lands
were
holden
,
4.
E.
4.
11.
cannot
be
deuested
by
a
matter
accrued
,
ex
post
facto
.
And
also
where
diuers
men
haue
seuerall
Appeals
of
robbery
against
one
man
,
though
he
be
attainted
at
the
suit
of
one
of
them
,
yet
to
the
intent
that
euerie
of
them
may
recouer
his
goods
which
were
robbed
and
taken
from
him
,
vpon
his
fresh
suit
,
hée
shal
be
againe
arraigned
at
euery
of
their
suits
.
And
it
is
no
plea
for
him
in
this
case
,
to
plead
,
that
he
was
another
time
attainted
of
felony
.
51
In
all
cases
where
the
defendant
would
discharge
himselfe
by
pleading
that
he
was
attainted
of
another
felony
than
this
whereof
he
is
now
arraigned
,
The
K.
pard●
obiected
against
another
time
attainted
.
it
may
be
replied
for
the
party
,
or
the
king
,
that
after
the
same
attainder
the
K.
did
pardon
him
that
felony
,
whereof
he
saith
he
was
attainted
,
and
his
attainder
thereof
,
6.
H.
4.
6.
whereby
he
was
restored
to
the
law
:
and
so
he
ought
to
answer
to
all
other
felonies
,
notwithstanding
they
were
committed
before
this
whereof
he
pleadeth
that
he
was
attainted
:
but
of
that
felony
wherof
he
is
attainted
,
he
shall
not
answer
any
more
,
after
that
he
hath
the
K.
pardon
thereof
.
52
A
man
attainted
of
felony
is
he
,
Who
is
sayd
attainted
,
and
who
conuict
of
felonie
.
which
vpon
his
arraignement
submitting
himselfe
to
be
tried
by
the
country
,
is
found
guilty
of
felony
by
the
verdict
of
xij
.
men
,
or
doth
confesse
the
felony
in
court
of
Record
before
the
Iudge
,
vpon
his
arraignment
,
or
is
indicted
of
felony
,
and
for
default
of
apparance
is
outlawed
,
and
in
any
of
the
said
thrée
cases
hath
his
iudgement
of
death
.
A
man
conuict
of
felonie
,
is
he
,
who
being
indicted
of
felonie
,
vpon
his
arraignement
doth
submit
himselfe
to
be
tried
by
the
country
,
and
is
found
guiltie
of
felonie
by
the
verdict
of
twelue
men
,
and
then
before
iudgement
praieth
his
clergie
,
and
hath
his
clergie
,
and
is
burned
in
the
hand
.
This
difference
there
is
betwéene
a
man
attainted
of
felonie
,
and
a
man
conuicted
of
felony
,
as
touching
their
arraignments
againe
for
other
offences
:
for
a
man
attainted
of
felonie
,
shall
not
be
arraigned
againe
of
any
other
offences
whatsoeuer
,
whether
clergy
were
allowable
in
them
or
not
(
vnlesse
it
be
in
some
speciall
cases
before
declared
)
because
there
can
no
more
be
recouered
of
him
than
is
recouered
,
neither
can
he
forfeit
more
than
he
hath
forfeited
.
But
because
of
a
clerke
conuict
,
there
may
be
more
recouered
than
is
recouered
,
&
he
may
forf.
more
than
he
hath
forfeted
:
therfore
by
the
stat.
of
An.
8.
El.
&
18.
El.
it
was
ordaind
,
St.
8.
El.
4.
St.
18.
El.
6.
S.
Appeales
56.
57.
That
euery
person
which
shal
vpon
his
arraignment
for
any
felony
be
alowed
his
clergie
,
shal
answer
to
all
former
felonies
,
as
though
no
such
admission
of
clergie
had
béene
.
If
a
man
that
is
indicted
of
piracie
doth
stand
mute
,
or
wil
not
answer
directly
,
or
&c.
whereupon
iudgement
of
paine
for
t
&
dure
is
giuen
against
him
,
but
hée
is
not
put
to
execution
:
and
after
by
a
generall
pardon
by
act
of
parliament
,
14.
El.
Dyer
.
308.
all
contempts
,
pains
,
and
executions
,
be
pardoned
(
but
all
piracies
bee
except
)
in
this
case
the
same
party
may
be
indicted
and
arraigned
againe
for
another
robberie
vpon
the
sea
,
or
piracie
committed
vpon
the
sea
at
the
same
time
that
hée
did
the
first
.
❧
Mainprise
and
Bayle
.
1
WHen
the
defendant
in
case
of
felony
is
taken
and
arrested
,
he
will
ofttimes
desire
to
be
let
to
baile
or
mainprise
:
and
therefore
it
is
to
be
considered
in
what
cases
the
prisoner
by
the
law
is
mainpernable
,
and
in
what
not
.
In
what
case
a
prisoner
is
mainpernable
in
what
not
.
There
be
two
sorts
of
offendors
in
felony
,
viz.
the
Principall
and
the
Accessory
.
The
Accessorie
is
repleuisable
by
the
common
law
vntil
the
Principall
be
attainted
,
but
not
after
,
as
it
appeareth
by
Bracton
,
Britton
,
and
diuers
iudgements
.
But
sithence
that
time
the
law
hath
bin
put
in
vre
to
the
contrary
,
40.
E.
3.
42
43.
Ed.
3.
17.
27
Ass.
p.
10
2.
&
3.
P.
&
M.
Dy.
120
St.
3.
E.
1.
15
viz.
That
after
plea
pleaded
(
notwithstanding
the
principal
be
attainted
)
yet
the
accessorie
shal
be
let
to
mainprise
,
The
accessory
let
to
mainprise
.
and
though
it
be
in
appeale
of
death
:
And
the
reason
is
,
because
the
stat.
of
W.
1.
affirmeth
expresly
,
That
they
which
be
indicted
of
receit
of
théeues
,
or
felons
,
or
of
commandement
,
or
force
,
or
aid
of
the
felony
committed
,
shal
be
let
out
by
sufficient
suertie
:
which
stat.
is
expounded
so
fauorably
towards
the
accessory
,
that
those
be
vsed
to
be
let
to
baile
which
be
indicted
of
abetment
,
consent
,
or
procurement
.
And
yet
such
accessories
be
not
expresly
contained
in
the
said
stat.
Register
.
fo.
270.
And
so
the
accessorie
as
well
in
case
of
the
death
of
a
man
,
as
in
other
felony
,
is
to
bee
let
to
mainprise
.
25.
E.
3.
44.
44.
E.
3.
38.
21.
E.
4.
71.
21.
Ed.
4.
25.
2
The
principall
in
case
of
the
death
of
a
man
,
is
not
to
be
let
to
mainprise
,
The
principal
in
death
.
either
by
the
common
law
,
nor
by
the
stat.
(
but
in
some
speciall
cases
)
for
if
an
appeal
of
death
be
commenced
,
which
is
not
grounded
vpon
an
indictment
(
but
is
suggested
to
be
begun
vpon
malice
)
and
that
some
others
were
indicted
of
the
same
persons
death
,
yet
because
the
appeale
was
of
the
death
of
a
man
,
and
the
malice
suggested
was
not
confessed
of
the
K.
or
appellants
part
,
the
Iust.
wold
not
let
the
appellée
to
mainprise
.
48.
E.
3.
22.
And
so
it
séemeth
,
that
notwithstanding
it
bée
an
appeale
of
death
,
yet
if
there
be
no
indictment
to
affirme
the
same
appeal
,
The
principal
in
appeale
of
death
let
to
mainprise
.
the
Iust.
vpon
the
consideration
aforesaid
,
2.
&
3.
P.
&
M.
Dy.
120
or
such
like
,
may
let
the
defendant
to
mainprise
,
though
he
be
appealed
as
principall
.
3
An
Appeale
of
death
was
remooued
out
of
the
countie
into
the
K.
Bench
by
a
Certiorari
,
48.
Ed.
3.
22.
&
a
Scire
fac
'
was
sued
against
the
plaintife
in
the
appeal
,
which
was
returned
Nihil
,
and
so
it
was
returned
vpon
the
Sicut
alias
.
And
thereupon
the
Iust.
considering
that
it
was
a
mischiefe
to
the
plaintife
to
loose
his
suit
,
and
to
yéeld
damages
,
whereas
he
was
neuer
warned
,
and
peraduenture
hath
somewhat
in
another
countie
:
and
on
the
other
side
it
was
inconuenient
for
the
appellée
to
remaine
continually
in
prison
:
The
principall
in
appeale
of
death
let
to
mainprise
.
therefore
they
awarded
another
Scire
fac
'
against
the
appellant
,
returnable
at
a
certaine
day
,
before
which
day
they
would
bee
aduised
what
was
by
law
to
be
done
,
and
in
the
meane
time
they
did
let
the
appellée
to
mainprise
.
Excommunication
in
the
plaintife
;
4
If
in
an
Appeale
the
def.
do
plead
Excommunication
in
the
plaintife
,
the
appellee
shal
be
let
to
mainprise
from
day
to
day
,
vntil
the
plaintife
be
absolued
,
3.
As
.
p.
12.
13.
E.
4.
8.
though
it
be
in
an
Appeale
of
death
:
or
otherwise
the
appellée
should
remain
in
prison
vntill
the
pl.
were
assoiled
,
which
peraduenture
will
neuer
be
.
And
in
respect
of
this
mischiefe
,
it
was
ordained
by
the
stat.
of
3.
H.
7.
St
,
3.
H.
7.
1.
That
he
which
is
within
the
yeare
acquited
of
murder
at
the
K.
suit
,
shal
be
sent
to
prison
againe
,
or
otherwise
let
to
baile
vntill
the
end
of
the
yere
,
within
which
time
the
partie
is
to
haue
an
Appeale
,
if
he
will
.
5
Because
Sherifs
and
others
did
take
&
kéepe
in
prison
some
persons
accused
of
felony
,
and
presently
did
let
out
to
baile
such
as
were
not
repleuisable
,
and
kept
in
prison
such
as
were
mainpernable
,
to
the
intent
to
get
of
the
one
,
and
to
grieue
the
other
.
And
forasmuch
as
it
was
not
before
determined
,
which
persons
were
mainpernable
,
Not
bailable
by
the
common
law
.
and
which
were
not
,
but
only
they
that
were
taken
for
the
death
of
a
man
,
by
the
commandement
of
the
K.
or
his
Iust.
or
for
the
forest
:
therefore
by
the
stat.
of
W.
1.
viz.
3.
E.
1.
it
was
ordained
,
St.
3.
E.
1.
15
That
prisoners
which
before
were
outlawed
,
Who
are
mainpernable
,
and
who
not
.
and
they
which
haue
abiured
the
realm
,
prouers
,
and
they
which
be
taken
with
the
maner
,
and
such
as
haue
broken
the
K.
prison
,
théeues
openly
defamed
&
knowne
,
and
such
as
be
appealed
by
prouers
,
so
long
as
the
prouer
doth
liue
,
except
he
be
of
good
fame
:
and
such
as
be
taken
for
burning
of
a
house
feloniously
done
,
or
for
false
mony
,
or
for
counterfeiting
the
Kings
Seale
:
Or
persons
excommunicat
,
taken
at
the
Bishops
request
,
or
for
a
manifest
offence
,
or
for
treason
touching
the
King
,
shall
be
in
no
wise
mainpernable
by
a
common
writ
,
nor
without
writ
:
But
souch
as
be
indicted
of
larceny
by
enquests
taken
before
Sherifs
or
Bailifs
by
their
office
,
or
of
light
suspition
,
or
for
petit
larceny
that
amounteth
not
aboue
the
value
of
xij
.
d.
if
they
were
not
guiltie
of
some
larceny
before
,
or
guiltie
of
receit
of
théeues
or
felons
,
or
of
commandement
,
or
force
,
or
of
aid
in
felony
done
,
or
guilty
of
some
other
trespas
,
for
which
one
ought
not
to
loose
life
or
member
:
And
a
man
appealed
of
an
approuer
,
after
the
death
of
the
approuer
,
if
he
be
no
common
théefe
,
nor
defamed
,
shal
be
let
out
by
sufficient
suertie
,
whereof
the
Sherife
will
be
answerable
,
and
that
without
giuing
any
part
of
their
goods
.
Bailement
by
the
Sherife
.
If
the
Sherife
or
any
other
let
one
go
at
large
by
suertie
,
St.
3.
E.
1.
1●
which
is
not
repleuisable
,
if
he
be
Sherife
,
Constable
,
or
any
other
Bailife
of
fée
,
which
hath
the
kéeping
of
prisoners
,
and
is
thereof
attainted
,
he
shal
loose
his
fée
and
office
for
euer
.
And
if
the
Vndersherife
,
Constable
,
or
Bailif
of
such
as
haue
fée
for
kéeping
of
prisoners
,
do
it
contrary
to
the
will
of
his
Master
:
or
any
other
Bailife
being
not
of
fée
,
they
shal
haue
iij.
yeres
imprisonment
,
and
make
fine
at
the
K.
pleasure
.
Withholding
of
prisoners
repleuisable
.
Whosoeuer
doth
withhold
prisoners
repleuisable
,
St.
3.
E
1.
15.
after
they
haue
offered
sufficient
suerty
,
shal
pay
a
grieuous
amerciament
to
the
K.
&
he
that
doth
take
any
reward
for
the
deliuerance
of
such
,
shall
pay
double
to
the
prisoner
,
and
also
a
grieuous
amerciament
to
the
King
.
6
By
the
foresaid
Stat.
of
West
.
1.
15.
it
doth
appeare
that
in
foure
cases
a
man
was
not
mainpernable
at
the
common
law
,
In
what
cases
no
mainprise
at
the
common
law
.
viz.
they
that
were
taken
for
the
death
of
a
man
,
or
by
the
Kings
commandement
,
or
of
his
Iustices
,
or
for
the
forrest
.
Touching
the
death
of
a
man
it
is
intreated
of
before
.
And
as
concerning
the
Kings
commandement
,
this
is
intended
the
Kings
commaundement
,
The
kings
commandement
.
by
his
owne
mouth
,
or
by
his
councell
which
is
incorporat
to
him
,
&
doe
speake
with
the
Kings
mouth
,
and
by
authoritie
from
him
:
Or
otherwise
,
if
those
words
should
be
taken
his
generall
commandement
,
it
may
be
said
that
euery
Capias
in
a
personall
action
is
the
Kings
commandement
,
for
it
is
Precipimus
tibi
quod
capias
&c.
and
yet
in
that
case
the
defendant
is
repleuisable
by
the
common
law
.
And
as
touching
the
Iustices
commandement
,
The
Iustices
commandement
.
this
shall
be
intended
their
absolute
commandement
:
for
if
it
be
their
ordinary
commandement
he
is
repleuisable
by
the
Sherife
,
sauing
in
certain
cases
prohibited
by
the
statute
.
7
Because
in
times
past
diuers
persons
that
were
indited
of
felonies
,
robberies
,
&
larcenies
did
remoue
the
same
inditements
into
the
K.
Bench
,
&
there
yéelded
themselues
prisoners
,
&
were
presently
bailed
by
the
marshals
of
the
same
Bench
,
and
after
did
lie
in
wait
to
kill
or
misuse
their
inditors
:
And
also
for
the
certain
persons
appealed
of
felonie
,
after
the
Exigent
awarded
,
did
yéeld
themselues
in
the
K.
Bench
,
St.
5.
Ed.
3.
8
&
then
were
let
to
baile
by
the
marshals
of
the
said
bench
,
for
the
preuention
whereof
it
was
enacted
by
a
statute
made
ann
5.
E.
3.
The
marshall
of
the
Kings
bench
shall
baile
no
prisoner
.
That
such
inditées
and
appellées
shal
be
safely
and
surely
kept
in
prison
,
according
to
the
charge
which
the
said
marshals
shal
haue
of
the
Iustices
.
And
the
marshals
of
the
K.
Bench
shal
not
baile
any
felons
,
but
shal
kéep
them
in
prison
,
and
shal
not
suffer
them
to
go
wandring
abroad
by
baile
,
nor
without
baile
.
And
if
any
such
prisoner
be
found
wandring
out
of
prison
by
baile
,
or
without
baile
,
&
that
be
proued
at
the
K.
suit
,
or
the
parties
,
the
marshals
which
shal
be
found
guilty
thereof
,
shal
be
halfe
yeare
imprisoned
,
&
ransomed
at
the
Kings
pleasure
.
And
the
Iustices
shal
inquire
therof
when
they
sée
cause
.
And
if
the
marshals
suffer
the
prisoner
to
escape
by
their
assent
,
they
shal
be
at
the
law
as
before
time
they
haue
bin
.
And
so
it
appeareth
by
this
Stat.
that
imprisonment
by
commandement
of
a
Iustice
,
was
not
sufficient
to
restraine
bailement
in
all
cases
,
where
bailement
was
not
prohibited
by
the
law
,
A
Iustices
ordinarie
commandement
,
and
absolute
.
vntil
the
foresaid
Stat.
of
ann
5.
E.
3.
was
made
,
and
that
is
to
be
intended
of
an
ordinarie
commandement
of
a
Iu.
for
if
he
doe
giue
an
absolute
commandement
,
the
prisoner
is
not
baileable
:
As
if
the
Iustice
command
one
to
prison
,
without
shewing
cause
why
he
doth
so
command
,
or
for
misdemeanor
done
in
his
presence
,
or
for
some
other
cause
,
which
lieth
in
the
discretion
of
the
Iustice
more
than
in
his
ordinary
power
.
8
The
fourth
cause
why
a
man
is
not
repleuisable
by
the
common
law
,
is
the
forrest
:
St.
Char.
Forest
.
16.
for
whereas
by
the
Statute
of
Charta
forestae
,
made
ann
9.
H.
3.
and
confirmed
by
King
E.
1.
The
king
did
graunt
for
him
and
his
heires
that
of
trespasses
committed
in
his
Forrests
of
vert
,
and
venison
,
that
the
Forresters
in
whose
Bailiwickes
such
trespasses
should
be
committed
,
should
present
the
same
trespasses
at
the
next
Swanimot
,
before
the
Forresters
,
Verderers
,
Regardors
,
and
Agistors
,
and
other
ministers
aforesaid
,
by
the
oathes
as
well
of
Knights
,
as
others
,
wise
,
and
lawful
men
,
and
not
suspitious
of
the
parts
next
adioyning
,
and
néerest
where
those
trespasses
shal
be
so
presented
,
and
where
the
truth
may
best
and
most
certainly
be
inquired
of
,
and
the
same
truth
being
once
found
out
,
those
presentments
by
the
common
assent
and
agreement
of
all
the
Officers
aforesaid
,
shal
be
solemnely
written
&
sealed
with
their
seales
.
And
if
any
inditement
be
made
in
other
manner
,
it
shal
be
accounted
void
.
And
because
the
chiefe
wardens
of
Forrests
did
not
obserue
the
said
order
,
but
that
diuers
people
were
disherited
,
ransomed
,
and
vndone
by
the
chiefe
wardens
of
the
Forrest
on
this
side
Trent
,
and
beyond
,
and
by
other
ministers
,
against
the
forme
of
the
foresaid
great
Charter
of
the
Forrest
.
Therefore
by
the
Stat.
made
ann
1.
E.
3.
it
was
ordained
,
Punishment
for
vert
or
venison
.
St.
1.
E.
3.
8
That
no
man
shal
be
taken
or
imprisoned
for
vert
or
venison
,
vnlesse
he
be
taken
with
the
maner
,
or
else
indited
in
forme
aforesaid
.
And
then
the
chiefe
warden
of
the
Forrest
shall
let
him
to
mainprise
,
vntill
the
Eire
of
the
Forrest
,
without
taking
any
thing
for
his
deliuerance
.
And
if
the
said
warden
will
not
doe
it
,
there
shal
be
a
writ
awarded
out
of
the
Chancerie
(
which
was
in
auncient
time
ordained
for
such
persons
so
indited
)
to
let
him
to
mainprise
vntill
the
Eire
.
And
if
the
said
warden
after
the
receit
of
the
same
writ
wil
not
deliuer
to
mainprise
such
person
indited
,
without
delay
,
then
the
plaintife
shall
haue
a
writ
out
of
the
Chancerie
,
to
the
Sherife
,
to
attach
the
said
warden
to
be
before
the
K
,
at
a
certaine
day
,
to
answer
wherefore
he
hath
not
repleuied
him
that
was
so
taken
:
And
the
Sherife
calling
to
him
the
Verderers
shall
deliuer
him
which
was
taken
to
mainprise
in
the
presence
of
the
Verderers
,
and
shall
deliuer
the
names
of
the
mainpernours
to
the
same
Verderors
to
answer
in
Eire
before
the
Iustices
.
And
if
the
chiefe
warden
shall
be
thereof
attainted
,
the
plaintife
shall
haue
his
treble
dammage
awarded
vnto
him
,
and
the
warden
shal
be
committed
to
prison
,
and
ransomed
at
the
Kings
pleasure
.
And
by
the
Statute
of
ann
7.
R.
2.
it
was
ordained
,
St.
7.
R.
2.
4
That
if
any
officer
of
the
Forrest
doth
imprison
any
person
,
or
doth
compell
any
person
to
make
any
Obligation
,
or
ransome
vnto
him
,
against
the
ordinance
aforesaid
,
and
is
thereof
attainted
,
hee
shall
pay
to
the
partie
grieued
his
double
dammages
,
and
make
fine
to
the
King
.
9
Whereas
the
before
rehearsed
stat.
of
West
.
1.
doth
begin
with
those
prisoners
which
before
were
Outlawed
,
St.
3.
E.
1.
15
&c.
yet
there
be
some
cases
wherein
such
as
be
outlawed
may
be
let
to
mainprise
:
as
where
in
an
appeal
of
robberie
or
other
felonie
(
being
not
for
the
death
of
a
man
)
the
defendant
doth
come
in
by
Capias
vtlagatum
,
In
what
cases
he
that
is
outlawed
may
be
let
to
mainprise
.
and
plead
misnaming
of
himselfe
,
5.
H.
7.
16.
and
hath
a
Scire
facias
against
the
appellant
:
In
this
case
he
shal
be
let
to
baile
.
And
the
same
law
is
,
if
he
which
is
outlawed
for
felonie
be
taken
,
and
brought
to
the
barre
,
19.
H.
6.
2
and
alleageth
error
in
the
Record
,
the
Court
of
fauour
wil
suffer
him
to
find
mainprise
,
and
to
go
and
séeke
to
purchase
his
writ
of
Error
.
Mainprise
during
the
Prouers
life
.
10
And
the
foresaid
stat.
of
West
.
1.
saith
further
,
St.
3.
E.
1.
15
that
they
which
be
appelled
by
Prouers
shal
not
be
let
to
mainprise
,
so
long
as
the
Prouers
doe
liue
,
if
they
be
not
of
good
fame
:
&
yet
in
some
cases
he
that
is
appealed
by
a
prouer
shal
be
let
to
mainprise
during
the
Prouers
life
:
as
where
the
Approuer
doth
waiue
his
appeale
,
and
that
the
defendant
is
not
appealed
by
another
approuer
,
25.
Ed.
3.
42
.
hee
shal
be
let
to
mainprise
:
for
if
he
bée
appealed
by
another
approuer
,
hée
shall
not
be
let
to
mainprise
.
And
if
the
Appellée
doe
vanquish
one
Approuer
in
battell
,
yet
if
he
be
appelled
by
another
Approuer
,
he
shall
not
be
let
to
mainprise
.
St.
3.
E.
1.
15
11
Whereas
by
the
words
of
the
foresaid
Statute
of
West
.
1.
such
as
be
indited
of
Larcenie
by
Enquests
taken
before
Sherifs
or
bailifes
by
their
office
,
shal
be
let
at
libertie
vpon
sufficient
suretie
.
Registrum
de
manucaptione
.
Yet
it
appeareth
by
the
Register
,
that
they
shall
not
be
let
to
mainprise
,
if
they
be
not
also
of
good
fame
.
Mainprise
vpon
good
name
.
But
if
they
be
of
good
fame
,
they
are
to
be
let
to
mainprise
,
notwithstanding
they
be
not
indited
before
Sherifes
or
Bailifes
,
but
before
any
other
Iustice
that
hath
authoritie
to
heare
and
determine
felonie
,
and
that
aswell
the
principals
as
the
accessories
:
for
the
said
Stat.
of
West
.
1.
doth
no
more
restraine
the
principals
,
than
the
accessories
,
in
those
cases
where
the
same
statute
doth
not
prohibit
to
let
to
mainprise
.
As
if
a
man
be
indited
of
Burglarie
as
principall
,
The
principall
in
Burglarie
or
robbery
mainpernable
.
yet
he
may
be
let
to
mainprise
:
29.
Ass.
p.
44
Registrum
.
And
the
principall
in
an
appeale
of
Robberie
may
be
let
to
mainprise
.
And
in
the
Register
there
is
a
writ
de
Manucaptione
graunted
in
that
case
.
12
Though
it
doth
not
appeare
by
any
words
of
the
foresaid
stat.
of
West
.
1.
that
it
doth
prohibit
the
bailement
of
those
which
be
attainted
by
verdict
:
yet
it
is
to
be
intended
,
that
the
same
Stat.
doth
as
well
prohibit
the
bailement
of
those
which
be
attainted
by
verdict
,
as
it
doth
of
them
who
be
attainted
by
Outlawrie
:
15.
H.
7.
9.
for
séeing
before
the
Statute
of
18.
El.
6.
if
a
clerke
conuict
had
beene
deliuered
to
the
Ordinarie
,
he
was
not
mainpernable
,
which
is
a
stronger
case
than
a
man
attainted
by
verdict
.
Therefore
it
is
cleare
,
No
bailement
of
a
prisoner
attainted
.
that
a
man
attainted
is
not
mainpernable
:
for
if
a
prisoner
after
that
he
hath
pleaded
not
guilty
,
be
attainted
by
verdict
,
that
he
killed
a
man
in
his
owne
defence
,
or
by
misfortune
,
yet
he
shall
not
be
let
to
mainprise
:
for
it
is
in
the
Kings
pleasure
whether
hée
will
grant
him
pardon
or
not
.
25.
Ed.
3.
42
Fi.
Cor.
354
297.
But
in
that
case
the
Iustices
commanded
the
Sherife
to
put
no
yrons
vpon
the
same
prisoner
,
and
to
shew
him
as
much
fauour
as
he
could
.
And
the
Iu.
are
to
certifie
the
King
of
the
said
verdict
,
who
at
his
pleasure
may
write
to
the
Sherife
to
baile
the
same
prisoner
.
No
bailement
of
a
prisoner
conuicted
.
And
if
a
man
that
is
arraigned
of
homicide
doth
plead
not
guiltie
,
and
is
found
guilty
,
&
doth
pray
his
Clergie
,
2.
El.
Dyer
179.
and
is
repried
without
iudgement
,
he
is
not
baileable
,
for
hée
is
more
than
vehemently
suspected
,
béeing
conuicted
of
felonie
.
St.
3.
H.
7.
3.
13
Whereas
by
the
stat.
of
ann
3.
H.
7.
it
was
enacted
,
that
no
prisoner
arrested
for
felony
should
be
let
to
baile
or
mainprise
by
any
one
Iu.
of
peace
,
but
by
the
whole
Iustices
,
or
at
the
least
by
two
of
them
,
whereof
one
to
be
of
the
Quorum
:
Since
the
making
of
which
statute
one
Iustice
of
peace
in
the
name
of
himselfe
,
and
one
other
of
the
Iustices
his
companion
,
not
making
the
said
Iustice
partie
nor
priuie
vnto
the
case
wherefore
the
prisoner
should
be
bailed
,
hath
oft
times
by
sinister
labour
and
meanes
set
at
large
the
greatest
and
notablest
offendors
,
such
as
be
not
repleuisable
by
the
lawes
of
this
Realme
:
and
yet
the
rather
to
hide
their
affection
in
that
behalfe
,
haue
signified
the
cause
of
their
apprehension
,
to
bée
but
onely
for
suspition
of
felonie
,
whereby
the
said
offendors
haue
escaped
vnpunished
,
to
the
incouragement
of
théeues
,
and
euil
doers
:
For
reformation
whereof
by
a
stat.
made
Anno
1.
&
2.
P.
&
M.
it
was
ordained
,
St.
1.
&
2
:
P.
&
M.
13
That
no
Iustice
or
Iustices
of
Peace
shall
let
to
baile
or
mainprise
any
such
person
or
persons
which
for
any
offence
,
Bailing
of
offendors
by
Iust.
of
peace
.
or
offences
by
them
or
any
of
them
committed
,
be
declared
not
to
bée
repleuisable
or
bailed
,
or
forbidden
to
be
repleuied
or
bailed
by
the
stat.
of
West
.
1.
made
Ann
3.
E.
1.
And
furthermore
,
that
any
person
or
persons
arrested
for
manslaughter
or
felonie
,
or
suspition
of
manslaughter
or
felonie
,
being
baileable
by
the
law
,
shal
not
be
let
to
baile
or
maineprise
by
any
Iu.
of
Peace
,
if
it
be
not
in
open
Sessions
,
except
it
be
by
two
Iu.
of
peace
at
the
least
,
whereof
one
to
be
of
the
Quorum
:
and
the
same
Iustices
to
be
present
together
at
the
time
of
the
said
bailement
or
mainprise
,
which
bailement
or
mainprise
they
shall
certifie
in
writing
,
subscribed
or
signed
with
their
owne
hands
at
the
next
generall
Gaole
deliuerie
,
to
be
holden
within
that
countie
,
where
the
said
person
or
persons
shal
be
arrested
or
suspected
.
And
the
said
Iu.
or
one
of
them
beeing
of
the
Quorum
,
when
any
such
prisoner
is
brought
before
them
,
for
any
manslaughter
or
felonie
,
before
any
bailement
,
or
mainprise
,
shall
take
the
examination
of
the
said
prisoner
,
and
information
of
them
that
bring
him
,
of
the
fact
and
circumstances
thereof
,
and
the
same
,
or
as
much
thereof
as
shal
be
materiall
to
prooue
the
felonie
,
shall
put
in
writing
before
they
make
the
same
bailement
:
which
said
examination
,
together
with
the
said
bailement
,
the
said
Iu.
shall
certifie
at
the
next
generall
Gaole
deliuerie
to
be
holden
within
the
limits
of
their
commission
.
And
euerie
Coroner
vpon
any
inquisition
before
him
found
,
The
Coroners
duty
vpon
an
inquisition
found
.
wherby
any
person
or
persons
shal
be
indited
for
murder
,
or
manslaughter
,
or
accessorie
or
accessories
to
the
same
,
before
the
murder
or
manslaughter
committed
,
shall
put
in
writing
the
effect
of
the
euidence
giuen
to
the
Iury
before
him
,
being
materiall
.
And
aswel
the
said
Iu.
as
the
said
Coroner
shall
haue
authoritie
by
this
act
to
bind
all
such
by
recognizance
,
or
obligation
,
as
do
declare
any
thing
materiall
to
prooue
the
said
murder
,
or
manslaughter
,
offences
,
or
felonies
,
or
to
be
accessory
or
accessories
to
the
same
,
as
is
aforesaid
,
to
appeare
at
the
next
generall
Gaole
deliuerie
to
be
holden
within
the
county
,
city
,
or
town
corporat
,
where
the
triall
thereof
shal
be
,
then
,
&
there
,
to
giue
euidence
against
the
partie
so
indited
at
the
time
of
his
triall
,
and
shal
certifie
aswel
the
same
euidence
,
as
such
bond
&
bonds
in
writing
,
which
he
shal
take
together
with
the
inquisition
or
inditement
before
him
taken
&
found
,
at
,
or
before
the
time
of
his
said
triall
thereof
,
Certificat
of
a
bond
taken
by
a
Iu.
of
peace
.
to
be
had
or
made
.
And
likewise
the
said
Iu.
shall
certifie
all
&
euery
such
bond
taken
before
him
,
in
like
maner
as
before
is
said
of
bailmēts
and
examination
.
And
in
case
any
Iu.
of
peace
,
or
Quorum
,
or
Coroner
shal
offend
in
any
thing
contrarie
to
the
true
intent
and
meaning
of
this
act
,
then
the
Iu.
of
Gaole
deliuerie
of
the
shire
,
citie
,
towne
,
or
place
where
such
offence
shal
happen
to
be
committed
,
vpon
due
proofe
thereof
by
examination
before
them
,
shal
for
euery
such
offence
,
set
such
fine
on
euery
of
the
same
Iu.
of
peace
,
&
Coroner
,
as
the
same
Iu.
of
Gaole
deliuerie
shall
thinke
méet
,
and
shall
estreat
the
same
,
as
other
fines
,
and
amerciaments
assessed
before
Iustices
of
Gaole
deliuerie
ought
to
be
.
Prouided
alwaies
,
that
Iu.
of
Peace
,
and
Coroners
within
the
city
of
London
,
and
the
County
of
Middlesex
,
&
in
other
Cities
,
Boroughs
,
and
Townes
corporat
within
this
Realme
,
and
Wales
,
shall
within
their
seuerall
iurisdictions
haue
authority
to
let
to
baile
felons
and
prisoners
,
in
such
manner
&
forme
as
they
haue
bin
heretofore
accustomed
.
This
act
or
any
thing
therein
contained
to
the
contrary
notwithstanding
.
And
also
shall
take
examinations
&
bonds
as
is
aforesaid
vpon
euery
bailement
by
them
or
any
of
them
to
be
made
,
and
shall
certifie
euery
such
bailements
,
bonds
&
examinations
by
them
,
or
any
of
them
taken
,
or
made
,
at
the
next
Gaole
deliuery
to
be
holden
within
the
shire
,
city
,
borough
,
or
towne
,
where
their
seuerall
iurisdictions
extendeth
,
vpon
like
paine
and
forf.
as
is
before
limitted
in
this
present
act
.
14
Because
Sherifs
and
others
did
in
times
past
let
to
mainprise
notorious
and
knowne
théeues
,
being
taken
and
imprisoned
for
murder
,
and
other
felonies
,
S.
3.
E.
1.
15.
and
such
as
be
not
mainpernable
,
contrarie
to
the
forme
of
a
Statute
made
touching
those
which
bee
repleuisable
,
and
which
not
,
and
thereby
such
malefactors
as
were
not
repleuisable
were
let
to
mainprise
.
And
for
to
deliuer
them
deceitfully
before
the
comming
of
the
Iustices
in
Eire
,
or
other
assigned
for
their
deliuerance
,
they
procured
and
suborned
by
themselues
,
and
by
their
friends
,
Iurors
of
the
countie
,
&
some
they
threatened
:
And
so
partly
for
feare
of
the
Sherifs
and
others
which
did
let
them
to
baile
,
and
partly
for
feare
of
those
felons
which
were
so
let
to
mainprise
,
many
robberies
and
homicides
were
hidden
and
concealed
from
the
Iustices
of
Gaole
deliuerie
:
for
the
preuention
whereof
,
by
a
Stat.
made
ann
27.
E.
1.
An.
27.
E.
1.
3.
intituled
the
Stat.
of
fines
leuied
,
it
was
ordained
,
That
Iustices
assigned
to
take
assises
,
in
euery
countie
where
they
take
assises
,
presently
after
the
assises
taken
,
shall
remaine
both
together
if
they
be
Laie
.
And
if
one
of
them
be
a
Clerke
,
then
one
of
the
most
discréet
knights
of
that
county
being
associate
vnto
him
,
by
the
kings
writ
,
shall
deliuer
the
Gaole
in
that
countie
,
aswell
within
liberties
as
without
,
of
all
the
prisoners
,
according
to
the
vsuall
forme
of
deliuering
of
Gaoles
.
Bailement
of
offendors
by
Sherifes
.
And
then
the
same
Iustices
shall
inquire
which
sherifs
and
others
haue
let
to
baile
any
prisoners
that
were
not
repleuisable
,
or
haue
offended
in
any
thing
contrarie
to
the
Stat.
of
West
.
1.
and
to
punish
and
chasten
them
in
euery
respect
,
according
to
the
forme
of
the
said
Statute
.
15
And
for
the
causes
aforesaid
it
was
ordained
by
the
stat.
of
ann
4.
E.
3.
St.
4.
E.
3.
2
that
good
and
discréet
persons
(
other
than
of
the
places
if
they
may
be
found
sufficient
)
shal
be
assigned
in
all
the
counties
of
England
to
take
assises
,
Iuries
,
and
certifications
,
and
to
deliuer
the
Gaoles
:
And
the
same
Iustices
shall
take
the
assises
,
Iuries
,
and
certifications
,
&
shall
deliuer
the
Gaoles
thrice
in
the
yeare
at
the
least
,
and
more
often
if
néed
be
:
And
there
shall
be
assigned
good
&
lawfull
men
in
euery
Countie
to
keepe
the
peace
,
and
at
the
said
assignements
mention
shal
be
made
that
such
as
shal
be
indited
or
taken
by
the
said
wardens
shal
not
be
let
to
mainprise
by
the
Sherifs
,
nor
by
any
other
,
if
they
be
not
mainpernable
by
the
law
:
Nor
that
such
persons
indited
shal
be
deliuered
,
Bailement
of
offendors
by
sherifes
and
others
.
but
according
to
the
course
of
the
common
law
.
And
the
Iustices
assigned
to
deliuer
the
gaoles
shall
haue
power
to
deliuer
the
Gaoles
of
those
that
be
indited
before
the
gardeins
of
the
peace
:
And
the
same
gardeins
shall
send
before
the
said
Iust.
their
inditements
.
And
the
same
Iustices
shall
haue
power
to
enquire
of
Sherifes
,
Gaolers
,
and
others
,
in
whose
custodie
such
persons
indited
shal
be
,
if
they
deliuered
or
let
to
mainprise
any
so
indited
,
which
be
not
mainpernable
,
&
to
punish
the
same
Sherifes
,
Gaolers
,
and
others
,
if
they
haue
done
any
thing
contrarie
to
this
Statute
.
This
statute
of
4.
E.
3.
doth
make
no
mention
that
the
Iustices
of
Gaole
deliuerie
shall
punish
sherifs
and
others
according
to
the
foresaid
statute
of
West
.
as
the
other
statute
of
27.
E.
1.
doth
,
but
ordaineth
generally
that
they
shal
be
punished
,
without
determining
in
what
maner
:
And
yet
it
is
to
be
intended
that
they
shal
be
punished
according
to
the
forme
of
the
said
Stat.
of
West
.
1.
And
moreouer
the
said
Iustices
of
Gaole
deliuerie
may
punish
them
by
the
common
law
,
25.
E.
3.
39.
for
a
negligent
escape
:
Where
mainprise
is
a
negligent
escape
.
for
it
is
a
negligent
escape
to
let
one
to
maineprise
,
who
by
law
is
not
mainpernable
.
And
one
Iustice
did
in
that
case
set
a
fine
vpon
the
Sherife
,
for
the
like
Bailement
,
a
hundred
shillings
.
16
In
all
cases
where
a
statute
doth
ordaine
that
an
offendors
bodie
shal
be
imprisoned
at
the
Kings
pleasure
,
Imprisonment
at
the
Kings
pleasure
.
the
prisoner
cannot
be
deliuered
or
let
to
maineprise
,
vntil
the
King
hath
signified
his
pleasure
of
him
.
As
,
if
one
be
imprisoned
for
going
or
riding
armed
,
contrary
to
the
Statute
of
Northampton
,
made
Anno
2.
E.
3.
3.
24.
Ed.
3.
42.
17
There
is
a
difference
betwéene
bailement
in
felonie
,
and
bailement
in
a
personall
action
:
The
difference
betwéene
bailement
in
felonie
,
and
in
a
personall
action
.
for
in
felonie
the
bailement
shall
containe
a
certaine
summe
of
money
to
be
forfeited
,
if
the
prisoner
doe
not
appeare
at
a
day
prefixed
.
And
in
a
personall
action
,
it
is
but
fineable
.
21.
H.
7.
20.
And
the
bailement
in
felonie
is
Ad
standum
rectum
de
latrocinio
praedicto
secundum
legem
&
consuetudinem
regni
nostri
Angliae
,
as
it
doth
appeare
by
the
writs
of
Manucaptione
in
the
register
,
which
doe
imply
as
much
as
they
that
haue
him
to
baile
,
shall
not
onely
cause
him
to
appeare
,
but
also
to
answer
.
18
If
one
doe
find
mainprise
in
Court
,
it
is
presently
matter
of
Record
,
Mainprise
is
matter
of
Record
.
8.
Ed.
4.
5.
though
it
be
not
entered
into
the
Roll
vntil
the
next
Terme
.
Confession
of
the
Offence
.
WHen
a
prisoner
is
appealed
,
or
indited
of
treason
,
or
felonie
,
and
brought
to
the
barre
to
be
arraigned
thereof
,
and
his
inditement
is
read
vnto
him
,
he
is
asked
by
the
Court
what
he
will
say
vnto
it
:
Then
either
hée
doth
confesse
the
offence
,
and
the
inditement
to
bée
true
:
or
he
estrangeth
himselfe
from
the
offence
,
and
pleadeth
,
Not
guiltie
:
An
offendour
pleadeth
one
of
thrée
pleas
.
or
else
hée
doth
answer
indirectly
,
and
so
in
effect
he
standeth
mute
,
and
maketh
no
answer
.
Of
the
which
later
two
I
will
intreate
héereafter
.
2
And
therefore
beginning
with
the
prisoners
Confession
of
the
offence
vpon
his
arraignement
:
That
confession
may
be
made
in
two
sorts
,
Confession
in
two
sorts
.
and
to
two
seuerall
ends
,
whereof
the
one
is
,
he
may
confesse
the
offence
whereof
he
is
indited
openly
in
the
Court
before
the
Iudge
:
and
that
he
hath
committed
that
act
whereof
he
is
indited
and
arraigned
,
and
submit
himselfe
to
the
censure
and
iudgement
of
the
Lawe
.
Which
Confession
of
the
offence
by
the
prisoner
himselfe
in
person
,
is
the
most
assured
answer
,
and
best
satisfaction
that
can
be
deliuered
to
the
Iudge
to
condemne
the
offendour
,
and
to
all
the
hearers
to
giue
approbation
thereof
:
So
that
the
said
Confession
do
procéede
fréely
,
and
of
his
owne
good
will
,
without
menace
,
Confession
must
be
trée
and
without
menace
.
threats
,
rigor
,
or
other
extreamities
:
For
if
the
Iudge
doe
perceiue
that
the
offendors
confession
doth
growe
vpon
either
of
those
extreamities
,
he
ought
not
to
record
the
confession
,
but
to
cause
the
prisoner
pleade
to
the
offence
,
not
guiltie
.
As
,
a
woman
was
indited
for
the
felonious
stealing
of
bread
to
the
value
of
two
shillings
,
27.
As
.
p.
40
and
being
arraigned
thereof
,
she
confessed
the
felonie
,
and
saide
that
she
did
it
by
the
commaundement
of
her
husband
,
and
the
Iudges
for
pitie
would
not
record
her
confession
,
but
caused
her
to
pleade
,
not
guiltie
to
the
felonie
:
whereupon
a
Iurie
being
charged
,
it
was
found
that
she
did
steale
the
bread
by
the
compulsion
of
her
husband
,
against
her
will
,
by
which
meanes
she
was
discharged
.
And
in
like
sort
if
the
Iudges
doe
perceiue
that
the
offendour
doth
confesse
the
offence
in
mistaking
of
the
Lawe
,
they
may
shew
him
that
fauour
,
as
not
to
record
his
confession
,
but
cause
him
to
pleade
to
the
inditement
,
not
guiltie
.
As
a
man
being
indited
of
the
death
of
another
man
,
pleaded
,
that
he
and
one
B.
hauing
a
quarrell
,
22.
As
.
p.
71
and
fighting
each
with
the
other
,
the
party
of
whose
death
he
was
indited
,
came
betwéene
them
to
part
the
fray
,
and
he
against
his
will
,
by
misfortune
,
gaue
him
a
blowe
,
whereof
hée
died
.
For
though
by
the
Lawe
this
was
felonie
in
him
being
fighting
,
and
intending
to
hurt
or
kill
B.
yet
he
did
mistake
the
Lawe
therein
,
and
did
not
take
it
to
be
so
,
for
that
his
quarrell
was
not
towardes
him
which
he
slue
,
but
to
B.
who
had
no
hurt
.
And
further
,
this
confession
of
the
Offence
is
not
so
penall
to
the
prisoner
,
(
though
he
doth
it
fréely
,
and
without
menace
,
or
other
extreamitie
)
that
he
is
thereby
presently
attainted
or
condemned
of
that
felonie
,
but
in
many
cases
he
may
be
saued
from
death
,
the
most
bitter
rigour
of
the
Lawe
,
by
the
benefit
of
his
cleargie
,
or
by
the
Kings
pardon
.
He
that
confesseth
doth
become
an
Approuer
.
3
The
other
kinde
of
confession
of
felonie
that
is
made
by
a
prisoner
at
his
arraignement
,
openly
in
court
before
the
Iudge
,
is
when
the
prisoner
doth
confesse
the
inditement
to
be
true
,
and
that
he
hath
committed
the
offence
whereof
he
is
indited
,
and
then
doth
become
an
approuer
,
viz.
an
accuser
of
others
,
who
haue
committed
the
same
offence
whereof
he
is
indicted
,
or
other
offences
with
him
,
and
then
doth
request
the
Iudge
to
haue
a
Coroner
assigned
vnto
him
to
whome
hée
may
make
relation
of
those
offences
,
and
of
the
whole
circumstances
thereof
.
Confession
before
the
Coroner
.
4
There
is
also
a
third
kinde
of
confession
made
by
an
offendor
in
felonie
,
which
is
not
in
Court
before
the
Iudge
,
as
the
other
two
be
,
but
before
the
Coroner
in
a
church
or
priuiledged
place
,
whereupon
the
offendor
by
the
antient
Lawe
of
this
Realme
is
to
make
his
abiuration
out
of
the
Realme
:
Of
which
approuing
,
and
abiuration
,
I
will
write
in
the
two
next
chapters
.
Approuer
.
AN
Approuer
is
a
felon
that
hath
committed
a
felonie
,
Who
is
an
Approuer
.
and
after
confesseth
the
same
,
and
then
doth
appeale
and
accuse
others
,
who
were
helpers
or
coadiutours
with
him
to
commit
the
same
felonie
:
which
thing
being
done
,
he
is
thereby
called
an
Approuer
,
who
in
latine
is
termed
Probator
,
for
that
he
must
prooue
that
,
which
is
contained
in
his
appeale
or
accusation
.
And
the
proofe
must
be
by
battell
,
or
by
the
verdict
of
twelue
men
,
at
the
choice
of
him
who
is
appealed
.
And
if
he
doe
prooue
it
,
the
kings
of
this
Realme
haue
vsed
to
graunt
him
pardon
of
his
life
,
Britton
.
because
he
doth
fight
for
the
peace
of
the
Realme
,
and
doth
deliuer
the
countrie
of
malefactors
:
for
he
is
to
make
couenant
or
promise
to
the
Iudge
,
who
will
be
sutor
to
obtaine
his
pardon
,
how
many
offendors
he
will
conuince
,
and
accordingly
he
is
to
vanquish
them
in
battell
,
attaint
them
by
verdict
,
or
cause
them
to
flée
,
and
so
by
that
meanes
to
become
outlawes
.
But
yet
he
shall
be
banished
the
Realme
,
Bracton
de
coron̄
,
c.
34.
and
not
continue
therein
,
An
Approuer
banished
.
though
he
would
finde
pledges
for
his
good
abearing
.
19.
H.
6.
47.
12.
Ed.
4.
10
Fi.
Cor.
231
387.
2
A
man
imprisoned
for
felonie
,
may
approue
of
treason
,
if
he
will
,
Of
what
offences
approuement
may
be
.
and
in
like
sort
,
he
that
is
imprisoned
for
treason
may
approue
of
felonie
,
if
he
wil
:
for
when
the
Iustices
doe
admit
him
to
approue
,
they
doe
sweare
him
vpon
a
booke
,
to
approue
of
all
felonies
and
treasons
that
he
doth
knowe
.
And
yet
many
doe
affirme
,
that
approuement
must
be
onely
of
the
thing
,
whereof
the
approuer
is
indicted
,
Bracton
de
coron̄
,
c.
33.
25.
Ed.
3.
39
and
of
none
other
,
and
of
that
treason
or
felonie
,
which
he
himselfe
with
others
did
commit
,
and
that
approuement
of
all
other
offences
is
voide
.
As
if
one
will
appeale
an
other
for
robbing
of
him
,
viz.
of
the
Approuer
,
it
is
voide
:
Or
if
one
will
appeale
an
other
,
for
procuring
the
saide
approuer
to
commit
a
felonie
:
Or
that
where
he
the
saide
Approuer
had
committed
a
felonie
,
the
appellée
knowing
thereof
did
feloniously
receiue
him
and
comfort
him
,
10.
E.
4.
14.
40.
Ass.
p.
39
it
is
voide
:
because
those
offences
hée
could
not
commit
,
for
he
could
not
robbe
himselfe
,
nor
be
accessorie
to
himselfe
.
Sed
de
hijs
quaere
:
Quaere
.
Séeing
the
approuer
is
sworne
to
approue
of
all
the
felonies
and
treasons
that
he
doth
know
.
Approuement
in
an
Indictment
,
and
not
Appeale
.
3
A
man
may
approue
in
an
indictment
of
felonie
,
11.
H.
7.
5.
Fi.
Cor.
113
but
not
in
an
appeale
of
felonie
,
for
if
he
should
approue
in
an
appeale
of
felonie
,
he
should
thereby
delay
the
Plaintife
in
the
appeale
to
haue
execution
of
him
.
And
in
like
sort
,
if
one
that
is
indicted
of
felonie
,
doth
become
an
approuer
,
and
after
an
appeale
is
sued
against
him
,
vpon
the
same
indictment
:
Fi.
Cor.
442
in
this
case
he
shall
surcease
to
procéede
any
further
in
his
approuement
.
But
vpon
an
indictment
of
felonie
,
the
prisoner
which
is
arraigned
may
confesse
the
felonie
,
pray
a
Coroner
,
and
so
approue
.
And
though
some
haue
thought
,
that
if
a
prisoner
be
not
indicted
,
but
doth
stand
at
the
barre
,
as
one
that
is
to
be
deliuered
by
Proclamation
,
if
he
will
refuse
the
benefit
thereof
,
confesse
a
felonie
,
Fi.
Cor.
231
and
pray
to
become
an
approuer
,
that
he
shall
be
thereunto
receiued
:
And
some
others
haue
béene
of
opinion
,
that
if
a
man
be
in
prison
but
for
suspition
of
felony
,
he
may
confesse
the
felony
before
a
Coroner
,
and
become
an
approuer
:
But
that
cannot
be
by
the
Lawe
,
for
a
man
cannot
be
attainted
by
his
confession
,
if
he
be
not
indicted
or
appealed
thereof
before
:
and
it
is
alwaies
requisite
,
for
him
which
shal
become
an
approuer
,
An
Approuer
must
confesse
the
felonie
.
that
his
confession
be
made
vpon
such
matter
,
vpon
which
the
Iudge
at
all
times
at
his
pleasure
,
may
giue
iudgement
to
attaint
him
.
Before
whom
one
may
approue
.
4
One
may
become
an
approuer
before
those
,
who
haue
authoritie
to
assigne
him
a
Coroner
,
as
the
Iustices
of
the
Kings
Bench
,
the
Iustices
in
Eire
,
and
the
Iustices
of
gaole
deliuerie
:
But
so
can
not
Iustices
of
Peace
,
and
therefore
a
man
can
not
become
approuer
before
them
.
2.
H.
4.
19.
9.
H.
4.
1.
Neither
can
a
man
become
an
approuer
in
a
Court
Baron
before
the
Steward
and
Sutors
:
Nor
in
the
Countie
court
before
the
Shirife
and
Suitors
:
Nor
before
any
other
speciall
Iudge
,
vnlesse
his
Commission
doth
extend
thereunto
.
How
an
Approuer
shall
vse
himselfe
.
5
He
that
will
become
an
approuer
,
must
when
he
is
at
the
barre
before
the
Iudge
,
confesse
the
felonie
,
whereof
he
is
arraigned
,
and
pray
that
a
Coroner
may
be
assigned
vnto
him
to
heare
his
approuement
or
appeale
against
others
:
for
without
confession
of
the
offence
,
whereof
he
is
arraigned
,
Fi.
Cor.
441
2.
H.
7.
3.
21.
Ed.
3.
18
19.
H.
6.
47.
Fi.
Cor.
440
he
cannot
pray
a
Coroner
.
No
approuement
after
pleading
.
And
this
confession
must
be
at
the
beginning
,
before
hée
hath
pleaded
any
plea
to
the
contrary
therof
:
For
if
he
will
pleade
not
guilty
,
he
cannot
after
waiue
that
plea
,
and
confesse
the
felonie
,
and
pray
a
Coroner
.
And
the
reason
is
,
because
it
cannot
be
intended
,
that
hée
will
proue
that
,
which
he
hath
affirmed
against
others
,
when
he
hath
shewed
himselfe
so
false
and
vnconstant
in
his
answer
before
:
for
he
is
called
an
Approuer
,
viz.
Probator
,
to
the
intent
that
he
shall
prooue
that
which
he
alleadgeth
against
others
,
whereof
there
is
small
hope
to
be
conceiued
,
when
in
the
beginning
he
hath
made
a
lie
of
himselfe
:
for
if
he
will
haue
his
approuement
allowed
for
good
,
An
Approuer
must
tell
truth
he
must
alwaies
be
found
to
speake
trueth
,
without
any
lying
.
And
when
the
Court
doth
perceiue
that
he
hath
made
a
lie
,
25.
Ed.
3.
42
they
presently
take
his
approuement
from
him
,
and
giue
iudgement
,
that
he
shall
be
hanged
.
As
,
an
approuer
did
appeale
diuers
,
and
the
Shirife
and
Coroners
did
testifie
,
that
there
were
none
such
in
that
countie
,
and
without
further
inquirie
,
the
approuer
was
adiudged
to
be
hanged
.
And
if
vpon
the
appeale
of
an
approuer
,
21.
H.
6.
34
processe
be
awarded
against
those
which
he
doth
appeale
,
and
the
Shirife
returneth
non
sunt
inuenti
,
iudgement
shall
be
giuen
,
that
the
approuer
shall
be
hanged
.
And
in
like
sort
it
is
,
Fi.
Cor.
456
if
an
approuer
doe
appeale
seuerall
persons
in
seuerall
counties
,
and
processes
be
awarded
against
them
,
vntill
some
of
them
be
attainted
,
and
some
of
them
depend
in
processe
not
attainted
,
and
the
Iustices
be
informed
by
credible
persons
of
the
same
countie
,
wherein
they
were
appealed
,
that
there
be
no
such
men
to
their
knowledge
in
rerum
natura
,
the
approuer
shall
be
hanged
.
An
approuer
did
appeale
two
men
in
London
,
and
proces
was
awarded
against
them
,
and
it
was
returned
,
that
there
were
no
such
men
dwelling
in
the
city
of
London
,
and
the
approuer
agréeing
to
the
same
returne
,
Fi.
Cor.
460
saide
that
they
were
dwelling
within
the
city
of
Lincolne
,
and
he
was
not
thereunto
receiued
,
but
was
adiudged
to
be
hanged
:
So
that
if
there
be
any
falshood
or
lying
in
the
approuer
,
be
it
before
his
approuement
or
after
,
and
that
the
court
do
perceiue
it
,
they
will
take
his
appealing
from
him
,
and
adiudge
him
to
be
hanged
.
And
if
they
do
otherwise
,
Approuement
after
pleading
not
guiltie
.
it
is
more
of
fauour
than
of
right
:
12.
Ed.
4.
10
for
of
fauour
the
court
may
allow
the
prisoner
to
waiue
his
plea
of
Not
guiltie
,
and
to
confesse
the
felonie
,
and
to
become
an
approuer
.
21.
H.
6.
35
And
if
an
approuer
doe
appeale
one
,
who
by
his
owne
confession
is
out
of
the
Realme
,
he
shall
be
hanged
:
for
the
appellée
cannot
be
attainted
at
his
sute
;
for
though
he
should
be
outlawed
,
yet
he
may
reuerse
it
at
his
returne
for
that
cause
.
6
When
a
prisoner
vpon
his
arraignement
doth
confesse
the
felonie
,
An
Approuers
othe
.
and
praieth
a
Coroner
,
which
is
assigned
vnto
him
by
the
court
,
he
must
be
sworn
in
the
same
court
before
his
departing
,
to
appeale
of
all
felonies
and
treasons
which
he
doth
knowe
:
and
the
court
shall
appoint
him
a
number
of
daies
,
wherein
to
make
his
appeale
,
in
the
which
daies
,
and
in
euery
of
them
hée
ought
to
appeale
:
for
if
thrée
dayes
be
appointed
,
and
in
two
of
them
he
doth
appeale
,
12.
Ed.
4.
10.
26.
As
.
p.
19.
Fit
.
Cor.
439
and
the
third
day
he
will
affirme
to
the
Coroner
,
that
he
can
say
no
more
,
and
the
Coroner
doth
report
the
same
to
the
court
,
iudgement
shall
be
giuen
,
that
he
shall
be
hanged
.
7
An
approuer
shall
haue
wages
of
the
King
euery
day
that
is
assigned
him
by
the
court
to
approue
in
,
viz.
a
penny
a
day
.
And
some
do
affirme
,
An
Approuers
wages
.
that
he
shall
haue
no
wages
,
Fi.
Cor.
439
vntill
he
hath
made
his
proofe
by
vanquishing
some
appellée
in
battell
,
or
by
conuicting
him
by
verdict
,
and
then
he
shall
haue
wages
of
the
King
for
euery
day
.
8
When
a
Coroner
is
assigned
to
an
approuer
,
An
Approuer
set
at
liberty
.
the
approuer
must
he
let
out
of
prison
,
to
the
intent
that
hee
may
approue
or
appeale
of
his
owne
frée
will
being
at
liberty
,
without
any
dures
:
for
if
it
be
by
dures
,
when
he
commeth
againe
before
the
Iustices
,
hée
may
rehearse
his
appeale
,
and
disauow
it
for
that
cause
,
which
shal
be
tried
by
the
examination
of
the
Coroner
vpon
his
othe
.
Fi.
Cor.
118
169.
255.
And
if
the
Coroner
do
say
,
that
the
same
appeale
was
not
by
dures
,
the
appeale
shall
stand
,
and
the
approuer
shall
be
hanged
.
And
when
the
approuer
hath
made
his
appeale
before
the
Coroner
,
he
shall
come
againe
before
the
Iustices
,
and
rehearse
his
appeale
before
them
(
for
they
will
not
reade
his
appeale
vnto
him
)
and
if
hée
doe
faile
in
the
rehearsall
of
his
appeale
,
26.
As
.
p.
19
in
anie
word
,
otherwise
than
the
Coroner
hath
recorded
it
,
he
shall
be
hanged
:
as
if
in
his
rehearsall
he
doe
say
,
that
there
was
a
blacke
horse
stollen
,
where
it
it
was
recorded
by
the
Coroner
,
a
redde
Horse
:
An
Approuers
appeale
must
be
certaine
.
For
the
Approuer
must
declare
the
thing
certainely
,
with
all
the
circumstaunces
thereof
,
without
any
varying
or
alteration
:
Bracton
.
and
he
must
know
the
person
,
whom
he
hath
appealed
,
when
hée
is
brought
into
question
,
for
if
he
know
him
not
,
it
is
to
be
presumed
,
that
they
were
neuer
companions
.
Processe
against
the
appellees
.
9
After
an
Approuer
hath
made
his
appeale
before
the
Coroner
,
if
the
appellees
be
dwelling
in
the
Countie
,
where
the
appeale
is
made
,
the
Coroner
hath
authoritie
to
award
processe
against
them
vntill
the
Exigent
,
and
to
direct
his
processe
to
the
Shirife
to
serue
.
But
so
he
cannot
doe
,
29.
Ed.
3.
42
if
the
appellées
be
dwelling
in
another
countie
,
for
then
he
must
not
award
processe
against
them
,
but
referre
it
to
the
iustices
,
before
whom
he
is
to
record
the
same
appeale
.
And
they
may
award
processe
as
the
Iustices
of
the
Kings
bench
and
Iustices
in
Eire
may
do
,
who
may
award
processe
by
the
common
law
,
and
Iustices
of
Gaole
Deliuerie
by
the
statute
De
Appellatis
,
made
Anno
28.
Ed.
1.
which
hath
ordained
;
St.
28.
Ed.
1.
That
whosoeuer
shal
be
appealed
by
any
Approuers
remaining
in
the
Gaoles
,
which
the
Iustices
of
Gaole
deliuerie
shall
deliuer
,
in
what
places
soeuer
of
the
Realme
the
persons
appealed
shall
remaine
,
immediatly
the
Shirife
of
that
countie
,
where
such
persons
appealed
be
conuersant
,
or
may
be
found
,
shall
be
commaunded
by
the
Kings
Writs
vnder
the
testimonie
of
the
same
Iustices
,
that
he
shall
apprehend
those
persons
appealed
,
and
conuey
them
to
the
Gaole
,
where
the
approuers
,
by
whose
appeale
they
be
apprehended
,
be
imprisoned
.
And
the
Shirife
or
Gaoler
of
that
prison
shall
receiue
them
:
and
there
they
shall
answer
before
the
same
Iustices
.
And
if
they
put
themselues
vpon
the
country
,
the
Iustices
shall
send
by
a
iudiciall
Writ
to
the
Shirife
of
the
Countie
,
where
the
felonie
was
committed
,
that
hée
shall
returne
an
Enquest
before
them
,
at
the
place
,
where
the
approuers
do
remaine
,
at
a
certaine
day
.
Pleas
for
the
Appellee
against
the
Approuer
.
10
It
is
a
good
exception
for
the
appellée
in
his
owne
defence
to
alleage
against
the
approuer
,
that
the
approuer
is
a
person
attainted
of
treason
,
11.
As
.
p.
27.
Fi.
Cor.
387
443
21.
Ed.
3.
17
or
felonie
,
and
to
shew
how
,
viz.
either
by
verdict
,
outlawrie
,
or
abiuration
,
or
in
any
other
manner
:
for
such
a
person
is
out
of
the
Lawe
,
and
so
disabled
to
appeale
or
accuse
others
.
And
the
same
lawe
is
,
if
the
approuer
be
a
clerke
conuict
,
for
hee
commeth
now
too
late
to
confesse
a
felonie
,
17.
Ed.
3.
13.
when
hée
hath
pleaded
not
guilty
thereunto
before
,
which
was
found
false
at
his
owne
sute
;
and
therefore
it
cannot
be
intended
,
that
the
thing
hée
saith
now
is
true
.
And
although
hée
had
his
clergie
vpon
confession
of
the
felonie
,
An
Approuer
conuict
of
felonie
.
yet
hée
shall
not
now
become
an
approuer
,
for
that
he
saide
nothing
at
that
time
when
hee
ought
to
haue
approued
:
and
therefore
the
Lawe
cannot
intend
,
that
hée
hath
any
thing
to
say
now
that
is
true
,
séeing
he
would
not
speake
it
at
that
time
,
when
hée
might
haue
béene
heard
.
But
in
the
foresaid
cases
,
if
the
approuer
can
shew
any
sufficient
matter
,
which
doth
restore
him
to
the
lawe
,
21.
Ed.
3.
17
as
the
Kings
pardon
,
and
such
like
,
then
the
appellée
shall
answer
to
the
approuer
.
S.
Appeales
.
92.
An
Appellée
cannot
appeale
others
.
11
If
he
which
is
appealed
by
an
approuer
will
confesse
the
appeale
,
and
pray
that
he
may
become
an
approuer
,
and
appeale
others
,
hée
shall
not
bée
receiued
thereunto
,
for
seuerall
causes
:
one
is
,
for
that
he
is
appealed
of
felonie
,
and
not
indicted
of
felonie
;
and
in
an
appeale
,
there
lieth
no
approuement
:
another
cause
is
,
for
that
if
his
approuement
should
be
of
the
same
felonie
,
he
should
thereby
falsifie
the
appeale
of
the
first
approuer
,
in
that
he
did
not
at
the
first
discouer
all
his
companions
,
being
sworne
thereunto
.
And
a
third
cause
is
,
Fi.
Cor.
113
for
then
by
that
meanes
approuements
would
be
infinite
,
and
also
the
appellée
is
in
a
sort
out
of
the
lawe
,
for
that
the
approuer
hath
deraigned
an
appeale
against
him
.
21.
Ed
3.
18.
Fi.
Cor.
231
12
It
is
a
good
exception
for
the
appellée
to
obiect
against
the
approuer
,
Approuer
not
in
prison
for
felony
,
or
at
libertie
.
that
the
approuer
is
not
in
prison
for
any
felonie
or
treason
,
but
for
debt
,
or
trespasse
,
or
some
other
offence
:
or
to
say
,
that
the
approuer
is
not
in
prison
,
but
at
large
;
for
he
cannot
be
an
approuer
,
vnlesse
he
be
first
indicted
of
felonie
,
and
doth
confesse
it
before
a
Iudge
,
and
then
become
an
approuer
.
Bracton
.
13
It
is
a
good
plea
(
as
some
doe
affirme
)
for
him
that
is
appealed
,
The
appelleé
an
honest
and
credible
man
.
to
say
,
that
he
is
a
lawfull
man
,
and
in
the
franke
pledge
,
and
in
the
Assise
of
our
soueraigne
Lord
the
King
,
and
that
hée
hath
a
Lord
,
which
will
be
his
pledge
.
And
if
that
be
trauersed
,
and
found
for
the
appellée
,
he
shall
be
discharged
thereby
.
Sed
quaere
.
Fi.
Cor.
322
14
In
an
appeale
by
an
approuer
,
the
appellée
may
pleade
,
General
plees
in
Barre
of
the
appeale
.
that
the
same
approuer
is
a
priest
,
not
of
perfect
memorie
,
deafe
,
dumbe
,
a
lazar
,
a
naturall
foole
,
a
woman
,
a
man
aboue
thréescore
and
tenne
yéeres
of
age
,
or
within
age
,
or
that
he
is
mayhemed
by
some
other
,
and
not
by
the
appellée
,
for
that
in
these
cases
the
approuer
cannot
deraigne
or
wage
battell
with
him
.
S.
Appeales
.
93.
15
In
diuers
cases
,
if
the
appellant
doe
surcease
to
prosecute
his
appeale
,
Where
the
King
may
pursue
an
appeale
begunne
the
king
may
pursue
it
:
for
the
appellant
may
by
seuerall
meanes
leaue
off
to
prosecute
his
appeale
,
3.
H.
6.
50.
as
by
Non-suite
,
Release
,
Retraxit
,
or
a
woman
by
taking
a
husband
during
the
suite
of
appeale
:
for
in
all
these
Cases
the
appeale
doth
cease
by
the
act
of
the
partie
;
&
therefore
in
which
case
soeuer
that
Cesser
is
after
declaration
in
the
appeale
,
the
Defendant
shall
not
goe
at
libertie
,
but
shall
be
arraigned
at
the
Kings
suite
vpon
the
same
declaration
:
for
that
it
doth
appeare
there
is
a
felony
committed
,
and
the
same
is
not
yet
tried
.
And
the
same
Lawe
is
,
if
the
appeale
doe
cease
by
the
act
of
God
,
as
if
the
appellant
doe
die
:
21.
Ed.
3.
18
Fit
.
Cor.
369
Or
if
it
cease
by
the
act
of
the
Lawe
,
as
if
the
appellant
after
his
appeale
made
be
hanged
:
Or
if
the
appellant
doe
take
the
priuiledge
of
his
Cleargie
;
for
an
appeale
by
an
approuer
is
a
great
presumption
against
the
Defendant
,
that
he
is
guilty
of
the
offence
whereof
he
is
appealed
,
and
that
is
for
the
great
punishment
which
the
appellant
is
to
suffer
,
if
he
at
any
time
doe
faile
of
his
appeale
,
viz.
death
.
And
an
appeale
doth
worke
a
greater
presumption
against
the
Defendant
than
an
Indictment
doth
:
4.
Ed.
4.
10
for
that
it
is
vsed
,
if
a
man
be
appealed
and
indicted
of
one
offence
,
and
the
Plaintife
in
the
appeale
after
declaration
is
Non-suite
;
the
Defendant
shall
be
arraigned
at
the
Kings
sute
vpon
the
declaration
in
the
appeale
,
and
not
vpon
the
Indictment
:
But
this
presumption
riseth
where
the
appellant
hath
appeared
to
his
suite
,
8.
Ed.
4
,
25.
and
declared
:
for
vntill
that
time
,
it
carieth
not
with
it
any
presumption
.
Because
any
man
may
sue
a
Writte
of
appeale
out
of
the
Chauncerie
in
a
strangers
name
,
and
finde
pledges
to
prosecute
it
,
and
cause
the
Writ
to
be
deliuered
to
the
Shirife
of
Record
,
that
stranger
not
knowing
thereof
;
in
which
Case
it
shall
not
be
saide
that
strangers
suite
,
vntill
he
hath
appeared
in
proper
person
thereunto
,
and
declared
:
7.
H.
7.
5.
Fi.
Cor.
384
for
vntill
that
time
,
Non-suite
in
the
appeale
is
not
peremptorie
to
the
stranger
.
Neither
shall
the
Defendant
be
arraigned
at
the
Kings
suite
,
by
this
Non-suite
any
more
than
if
hée
had
not
béene
Non-suite
.
But
in
that
Case
,
if
a
stranger
doe
bring
a
new
appeale
against
the
Defendant
,
the
Defendant
shall
aunswere
him
as
hée
should
haue
done
if
no
such
Non-suite
had
béene
.
But
the
Lawe
is
otherwise
in
an
appeale
commenced
by
Bill
,
for
that
suite
of
necessitie
must
be
made
by
the
party
himselfe
in
his
owne
proper
person
,
22.
As
.
p.
97
and
his
apparance
must
be
recorded
by
the
Shirife
and
Coroners
,
and
the
yéere
,
day
,
and
place
expressed
,
where
,
and
when
the
felonie
was
committed
,
and
who
were
principalles
in
the
same
felonie
,
and
who
were
accessories
.
And
so
in
an
appeale
by
Writ
,
the
Plaintifes
Non-suite
before
declaration
,
doth
giue
the
King
no
aduantage
against
the
Defendant
:
but
in
an
appeale
commenced
by
Bill
before
the
Shirife
and
Coroners
,
or
in
an
appeale
by
an
approuer
it
is
otherwise
,
for
in
such
an
appeale
,
all
the
certaintie
of
the
felonie
is
declared
and
comprised
.
2
&
3.
P.
&
M.
Dy
,
121.
In
an
appeale
of
murder
against
thrée
,
if
one
of
them
pleade
Not
guiltie
,
ready
to
defend
himselfe
,
by
his
body
,
and
so
wageth
battaile
,
vpon
which
plea
the
Plaintife
demurreth
in
lawe
,
which
demurrer
is
adiudged
against
him
;
in
this
Case
the
same
appellée
shall
be
arraigned
at
the
Kings
suite
:
for
that
the
felonie
is
not
yet
tried
,
nor
he
acquit
thereof
.
And
if
one
of
the
other
appellées
doe
pleade
,
Not
guiltie
,
and
that
the
Plaintife
doth
demurre
thereupon
,
and
it
is
adiudged
a
good
plea
,
and
the
same
appellée
is
acquit
against
the
appellant
,
yet
he
shall
be
arraigned
at
the
Kings
suite
of
the
same
murder
.
S.
Appeales
.
96.
The
Appellants
release
to
the
Appellée
.
16
If
the
Defendant
in
an
appeale
do
pleade
a
Release
inrolled
,
Fit
.
Cor.
12
and
of
record
,
made
vnto
him
by
the
appellant
before
the
appeale
commenced
,
he
shall
be
presently
deliuered
:
But
if
it
be
made
after
the
appeale
commenced
,
the
the
Court
will
intend
,
that
it
is
of
purpose
to
defraud
the
King
:
and
therefore
in
that
case
he
shall
be
arraigned
at
the
Kings
sute
,
though
he
be
acquit
against
the
appellant
by
his
release
.
An
Approuer
confesseth
his
appeale
to
be
false
.
17
If
an
approuer
,
21.
H.
6.
34.
when
an
Enquest
doth
appeare
vpon
the
issue
ioined
betwéene
him
and
the
appellée
,
and
be
ready
to
trie
the
same
issue
,
will
confesse
his
appeale
to
be
false
,
yet
notwithstanding
the
appellée
shall
be
arraigned
at
the
Kings
suite
.
But
if
the
approuer
,
when
the
appellée
is
in
the
field
ready
to
deraigne
battaile
,
will
confesse
his
appeale
to
be
false
,
the
appellée
shall
goe
quit
,
and
not
be
arraigned
at
the
Kings
suite
,
and
the
approuer
shall
be
hanged
:
for
it
is
as
much
as
if
the
appellee
had
vanquished
the
approuer
in
battaile
.
The
appeale
abating
before
declaration
.
18
If
an
appeale
commenced
by
Writ
doe
abate
before
declaration
,
so
that
the
Court
can
not
be
informed
of
the
yéere
,
day
,
and
place
,
where
,
and
when
the
felonie
was
committed
:
In
that
Case
the
Court
doth
vse
to
examine
the
Coroner
,
if
he
be
present
,
if
there
be
any
indictment
depending
of
the
same
felony
,
or
not
:
and
if
he
say
no
,
then
to
send
to
the
Shirife
of
the
Countie
,
where
the
felonie
was
supposed
to
be
committed
,
to
know
if
hée
haue
any
indictment
,
or
not
,
and
in
the
meane
time
to
let
the
Defendant
to
mainprise
:
or
otherwise
the
Court
will
set
the
Defendant
at
libertie
.
There
was
a
time
,
when
if
a
felon
had
bin
taken
with
the
manoure
,
A
felon
taken
with
the
manoure
.
and
that
the
felon
and
the
manoure
had
beene
brought
into
the
Court
,
the
Iudges
would
haue
arraigned
the
offendor
vpon
the
manoure
without
appeale
or
indictment
:
Sed
obsoletum
.
19
In
euery
arraignement
which
is
to
be
at
the
Kings
sute
vpon
an
Appeale
begunne
by
the
appellant
,
No
arraignement
at
the
Kings
suite
vpon
a
false
declaration
.
the
declaration
in
the
same
appeale
is
intended
to
be
once
good
,
and
true
:
for
if
it
were
neuer
good
,
and
abated
for
that
cause
,
the
appellee
shall
not
be
arraigned
at
the
kings
suite
,
notwithstanding
the
abatement
be
after
declaration
.
And
therefore
if
an
appeale
be
abated
by
mis-naming
of
the
Defendant
,
4.
H.
6.
16
hée
shall
not
be
arraigned
at
the
kings
sute
,
though
the
abatement
be
by
the
Plaintifes
owne
confession
.
And
yet
in
that
case
it
might
be
said
,
that
the
appeale
abated
by
couin
,
for
that
the
said
exception
was
not
tried
,
but
confessed
by
the
Plaintife
.
And
the
same
Lawe
is
,
if
the
appeale
shall
be
abated
by
mis-naming
of
the
Plaintife
,
or
of
the
Towne
,
or
for
lacke
of
a
materiall
word
.
And
so
it
is
,
if
in
an
appeale
,
the
Defendant
doe
pleade
,
Fi.
Cor.
121
17.
As
.
p.
26.
11.
As
.
p.
27
18.
Ed.
3.
35.
Fitz.
Cor.
3.
384.
387.
27.
Ass.
p.
25
that
the
Plaintife
is
outlawed
,
or
is
attainted
of
treason
,
or
felonie
,
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
pleade
,
that
shee
and
her
said
husband
were
neuer
accoupled
in
lawfull
marriage
,
or
that
shée
hath
married
another
husband
:
Or
,
that
the
appeale
was
not
commenced
within
the
yéere
and
day
after
the
offence
committed
:
Or
,
that
the
appellant
hath
an
elder
brother
liuing
to
whome
the
appeale
is
giuen
,
and
not
to
the
Plaintife
:
And
all
those
matters
which
shall
be
a
Barre
to
the
plaintife
,
to
bring
the
appeale
,
shall
also
Barre
the
king
to
take
any
aduantage
against
the
Appellée
,
vpon
the
same
appeale
:
for
in
all
these
Cases
it
may
appeare
that
the
appeale
was
commenced
without
cause
,
and
grounded
vpon
false
matter
.
S.
Br.
15.
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
cannot
take
an
aduantage
of
the
appeale
against
the
defendant
,
If
not
an
Appeale
,
yet
an
Indictment
at
the
Kings
suite
.
yet
he
shal
compell
him
to
answer
to
an
indictment
of
the
same
felony
,
for
that
by
these
pleas
the
defendant
is
not
discharged
of
the
felonie
,
though
he
be
discharged
of
the
appeale
.
And
further
,
if
the
appellée
be
discharged
both
against
the
party
and
also
against
the
King
,
yet
the
Court
may
bind
him
to
his
good
Abearing
,
Good
abearing
.
Fi.
Cor.
387
if
they
shall
thinke
it
méete
.
13.
Ed.
4.
8
3.
Ed.
3.
10
20
If
an
Excommunication
be
pleaded
against
the
plaintife
in
appeale
,
The
plaintife
in
appeale
excommunicate
.
notwithstanding
the
plea
be
thereby
delayed
,
yet
the
Defendant
shall
not
be
arraigned
at
the
kings
sute
,
for
the
Plaintife
may
be
absolued
,
and
then
procéede
in
his
appeale
.
And
therefore
the
appeale
shal
be
continued
vntill
a
certaine
day
,
to
the
intent
that
the
Plaintife
may
in
the
meane
time
procure
his
absolution
:
and
during
that
time
the
Defendant
shall
be
let
to
mainprise
.
But
if
the
appellant
be
outlawed
,
The
plaintife
in
appeale
outlawed
.
though
the
Outlawrie
be
not
for
felonie
,
but
for
trespas
,
17.
As
.
p.
26
Fit
.
Vtlawrie
47.
yet
by
that
meanes
the
Defendant
shal
be
set
at
liberty
,
aswel
against
the
king
,
as
against
the
appellant
.
Notwithstanding
in
that
case
,
there
is
no
impossibilitie
,
but
the
Plaintife
might
purchase
his
charter
of
pardon
,
or
reuerse
the
outlawrie
for
that
it
is
erronious
,
and
thereby
be
enabled
to
pursue
his
appeale
.
An
Approuer
pardoned
,
the
Appellée
shall
be
discharged
.
21
If
one
be
appealed
by
an
approuer
,
47.
E.
3.
5.
47.
E.
3.
16.
and
the
King
doth
pardon
the
approuer
,
he
that
is
appealed
by
the
approuer
,
shall
be
set
at
libertie
,
without
being
arraigned
at
the
Kings
suite
:
for
by
the
pardon
the
felonie
is
extinct
in
him
,
and
so
he
ceaseth
to
be
an
approuer
,
for
the
approuement
shall
continue
no
longer
then
the
approuer
is
partaker
of
the
felonie
,
whereof
the
approuement
is
made
.
Vanquishing
one
approuer
.
22
If
thrée
men
doe
become
approuers
seuerally
against
one
man
,
7.
Ed.
3.
11.
of
one
and
the
same
felony
,
and
he
ioyneth
battell
with
them
all
,
and
doth
vanquish
that
approuer
which
first
ioyneth
with
him
;
by
that
meanes
he
shal
be
acquit
against
them
all
,
and
likewise
against
the
King
,
and
the
other
two
approuers
shall
be
hanged
.
But
it
is
otherwise
,
if
the
approuement
be
of
seuerall
felonies
:
for
in
that
case
,
though
the
appellee
doth
ioyne
battell
with
them
all
,
25.
Ed.
3.
42
and
after
vanquish
that
approuer
which
first
ioyneth
with
him
,
he
shall
be
remaunded
to
prison
,
vntill
he
hath
ioyned
battell
with
the
other
two
:
for
that
there
must
be
seuerall
trialls
,
where
there
be
seuerall
felonies
,
and
seuerall
issues
.
Examining
an
offendor
condemned
.
23
If
a
man
would
become
an
approuer
,
21.
Ed.
3.
18
and
cannot
be
suffered
by
the
Lawe
for
some
disablement
,
or
for
the
impediments
before
mentioned
,
yet
before
he
shal
be
put
to
execution
,
the
Court
will
send
the
Shirife
vnto
him
,
to
heare
who
they
be
that
he
can
accuse
,
and
thereupon
cause
the
Shirife
to
indite
them
at
his
next
Turne
.
Sanctuarie
,
and
Abiuration
.
SAnctuarie
in
Gréeke
called
Asylum
,
What
Sanctuarie
is
.
and
by
some
in
Latin
termed
Templum
misericordiae
is
a
place
priuiledged
by
the
King
or
chiefe
gouernor
of
a
country
,
for
the
safegard
of
the
life
of
such
a
person
as
doth
offend
the
king
,
his
Lawes
,
crowne
,
and
dignitie
royall
.
Which
priuiledged
places
were
deuised
and
instituted
by
the
lawe
of
mercie
vpon
deuotion
,
and
the
great
reuerence
and
honour
that
Princes
&
chiefe
Rulers
had
to
such
places
,
wherein
they
graunted
such
priuiledges
.
As
,
first
almighty
God
himselfe
the
chiefe
Author
of
mercie
gaue
in
charge
to
his
seruant
Moses
(
when
the
children
of
Israel
were
in
their
peregrination
towards
the
land
of
Promise
)
that
certaine
Cities
or
places
of
refuge
or
Sanctuarie
might
be
prouided
for
those
to
flie
vnto
,
Deut.
19.
By
whome
Sanctuaries
were
instituted
.
and
to
escape
the
hands
of
the
reuengers
of
blood
,
who
should
by
mischance
and
not
willingly
slay
others
:
And
after
,
Iosua
.
20
the
same
people
being
setled
in
the
same
Land
,
he
caused
Iosua
to
execute
the
same
commandement
by
assigning
six
cities
to
that
purpose
.
And
,
long
time
after
that
,
Mulmutius
Dunwallo
one
of
the
renowned
kings
of
the
Brittons
,
who
made
many
most
worthy
lawes
for
the
well
gouerning
of
his
subiects
(
which
were
called
Mulmutius
Lawes
)
at
the
least
440.
yeares
before
the
natiuitie
of
our
Sauior
Christ
ordained
for
Sanctuaries
,
places
of
priuiledge
or
defence
of
mans
life
,
certaine
Temples
,
and
the
foure
great
high
waies
which
he
before
had
caused
to
be
made
,
or
begunne
,
at
his
owne
charges
,
viz
,
Fosse
,
Watling
stréete
,
Erming
stréete
,
and
Ikeneld
stréete
,
and
in
some
cases
,
and
for
some
purposes
euery
plough
:
which
Franchises
or
Liberties
Belinus
his
sonne
did
after
more
fully
effect
and
confirme
.
And
some
of
the
ancient
Princes
,
Kings
,
or
Gouernors
in
this
Realme
,
graunted
places
of
defence
,
or
sanctuarie
to
such
as
should
commit
treason
,
&
some
others
to
such
as
should
commit
murder
,
robberie
,
burglarie
,
or
other
offences
whatsoeuer
,
which
in
that
point
was
further
than
the
priuiledge
which
God
gaue
to
his
owne
Sanctuarie
,
Exodus
21
that
was
ordained
onely
for
him
which
should
kill
another
vnwillingly
:
for
God
commanded
,
that
if
any
did
slay
his
neighbor
vpon
malice
prepenced
,
or
by
assault
,
he
should
be
taken
from
his
Altar
,
and
put
to
death
.
2
Abiuration
is
an
othe
that
a
man
or
woman
doth
take
,
What
Abiuration
is
.
when
they
haue
committed
felonie
,
and
do
flie
to
a
Church
,
or
churchyard
for
the
safegarde
of
their
liues
,
choosing
rather
to
be
perpetually
banished
out
of
the
realme
,
than
to
stand
to
the
Lawe
,
and
to
be
tried
of
the
felony
:
and
this
was
one
of
saint
Edwards
Lawes
that
was
King
of
this
Realme
before
the
Conquest
,
and
instituted
by
him
,
which
is
also
founded
vpon
the
Lawe
of
Mercy
,
that
the
Kings
of
this
Realme
did
extend
,
for
the
great
reuerence
that
they
did
beare
to
the
Temple
of
God
,
and
to
places
dedicated
to
him
,
which
was
alwayes
vsed
sithence
that
time
without
alteration
vntill
the
one
and
twentie
yeare
of
King
Henry
the
eight
.
St.
21.
H
8.
2
And
this
abiuration
is
an
attainder
in
it selfe
of
felonie
that
is
confessed
;
which
attainder
by
confession
is
the
most
strong
that
may
be
,
for
the
vehement
presumption
that
it
hath
of
trueth
:
for
it
should
be
very
absurd
to
say
that
he
hath
not
committed
such
a
felonie
when
the
partie
himselfe
hath
confessed
it
to
the
ouerthrow
of
himselfe
and
all
his
posteritie
.
All
Sanctuaries
be
extinguished
.
3
By
the
Statute
of
Anno
32.
H.
8.
it
was
enacted
,
St.
32.
H.
8.
12.
That
all
Sanctuaries
and
places
priuiledged
,
which
haue
béene
vsed
or
taken
for
Sanctuarie
(
except
parish
churches
and
their
churchyards
,
cathedrall
churches
,
hospitalls
,
and
churches
collegiate
,
and
all
chappels
dedicate
,
vsed
as
parish
churches
,
and
the
Sanctuaries
to
euerie
of
them
belonging
:
and
except
such
places
and
territories
as
hereafter
be
appointed
to
be
places
of
tuition
and
priuiledge
,
viz.
Welles
,
Westminster
,
Northampton
,
Norwich
,
Yorke
,
Darbie
,
Launceston
,
and
Westchester
)
shall
be
vtterly
extinguished
,
adnulled
,
and
voide
for
euer
.
And
by
the
Statute
of
Anno
22.
H.
8.
it
was
ordained
,
St.
22.
H.
8.
14.
That
if
any
person
flie
or
resort
to
any
parish
church
,
Cemitorie
,
or
other
like
halowed
place
for
tuition
of
his
life
,
by
occasion
of
any
murder
,
robbery
,
or
other
felony
by
the
same
person
committed
,
and
thereupon
confesse
any
murder
,
felonie
,
Abiuration
by
the
common
Lawe
out
of
the
Realme
.
or
other
offence
before
the
Coroner
,
wherefore
the
same
person
by
the
Lawes
of
this
Realme
heretofore
vsed
,
should
abiure
and
passe
out
of
the
same
,
The
same
person
thereupon
shall
abiure
from
all
his
libertie
of
this
Realme
,
and
from
his
liberall
and
free
habitations
,
resorts
and
passages
,
to
,
and
from
the
vniuersall
places
of
this
Realme
,
which
appertaine
to
the
libertie
of
the
Kings
subiects
vndefamed
,
and
shall
forthwith
be
directed
by
the
Coroner
,
Abiuration
to
a
place
within
this
Realme
.
taking
and
recording
such
abiuration
,
to
any
one
Sanctuary
within
this
Realme
,
which
the
same
person
will
elect
and
choose
,
there
to
remaine
as
a
Sanctuary
person
abiured
during
his
life
,
and
to
be
sworne
before
the
Coroner
so
to
doe
,
and
to
be
marked
with
a
hot
yron
vpon
the
brawne
of
the
thumbe
of
the
right
hand
,
according
to
the
statute
of
Anno
21.
H.
8.
2.
St.
21.
H.
8.
2
And
by
the
statute
made
Anno
1.
Iac.
25.
St.
1.
Iac.
25
it
was
enacted
,
That
so
much
of
all
Statutes
as
concerneth
abiured
persons
,
and
Sanctuaries
,
or
ordering
or
gouerning
of
persons
abiured
,
or
in
Sanctuaries
made
before
the
fiue
and
thirtieth
yéere
of
the
late
Quéene
Elizabeths
raigne
,
shall
stand
repealed
,
and
be
voide
.
And
so
all
Sanctuaries
being
adnulled
and
extinguished
by
the
foresaid
statute
of
32.
H.
8.
12.
sauing
churches
,
and
churchyards
,
which
were
Sanctuaries
by
the
common
Law
,
and
sauing
Welles
,
Westminster
,
Northampton
,
&c.
erected
and
made
by
the
said
Statute
of
32.
H.
8.
12.
&
33.
H.
8.
15.
which
are
also
sithence
extinguished
and
adnulled
by
the
foresaide
statute
of
1.
Iac.
25.
And
therefore
by
no
Lawes
or
Statutes
that
wée
haue
in
force
,
there
be
any
Sanctuaries
remaining
:
neither
can
any
person
take
the
benefit
of
Sanctuary
in
any
place
,
or
in
any
case
,
where
there
is
no
such
thing
in
rerum
natura
(
sauing
churches
and
churchyards
)
which
neuer
were
Sanctuaries
aboue
fortie
dayes
at
the
vttermost
,
and
that
but
in
certaine
Cases
,
and
yet
now
out
of
vse
.
But
whether
by
the
strict
course
of
the
common
Lawes
or
any
Statute
in
force
,
they
be
now
to
any
intent
in
force
,
or
not
.
Quaere
.
And
for
that
so
much
of
all
stat.
as
concerneth
abiured
persons
,
or
ordering
,
or
gouerning
of
abiured
persons
,
made
before
ann
35.
El.
be
repealed
and
made
void
by
the
before
rehearsed
Statute
of
1.
Iac.
25.
viz.
the
statute
of
21.
H.
8.
2.
22.
H.
8.
14.
27.
H.
8.
19.
32.
H.
8.
3.
32.
H.
8.
12.
And
by
that
means
abiuration
at
the
common
law
is
restored
to
his
former
course
,
I
will
therefore
write
so
much
of
abiuration
,
and
abiured
persons
,
as
is
warranted
by
the
common
lawes
of
this
Realme
onely
,
and
not
by
any
Statute
,
sauing
by
the
statute
of
Articuli
cleri
,
made
ann
9.
Ed.
2.
10.
which
is
rather
a
confirmation
or
exposition
of
the
common
law
,
than
a
new
law
,
and
except
so
much
as
is
contained
or
mentioned
in
the
statute
of
35.
Eliz.
1.
&
2.
or
in
any
other
law
made
sithence
that
time
,
which
I
doe
rather
set
downe
that
the
Reader
may
knowe
what
the
law
hath
beene
,
or
is
,
then
how
it
is
vsed
,
and
put
in
practise
.
4
Abiuration
doth
not
lie
for
him
which
offendeth
in
high
treason
,
No
abiuration
for
high
treason
.
because
the
Coroner
cannot
attaint
him
vpon
his
confession
thereof
,
for
that
he
is
not
his
Iudge
of
that
offence
,
neither
can
he
be
Iudge
as
Coroner
,
though
hée
haue
a
commission
from
the
King
to
doe
it
.
And
if
the
offendor
béeing
in
a
Church
would
of
purpose
confesse
a
felonie
,
to
the
intent
to
escape
Treason
,
yet
if
the
Coroner
be
informed
that
hee
is
charged
with
treason
,
hée
ought
not
to
suffer
him
to
abiure
,
and
that
for
the
Kings
aduantage
:
for
it
is
better
for
the
King
to
attaint
him
of
Treason
,
than
of
felonie
,
in
respect
of
the
Escheat
,
which
in
case
of
Treason
doth
wholly
belong
to
the
King
,
of
whomsoeuer
the
offendors
lands
be
holden
.
And
the
same
law
is
in
petit
Treason
;
for
the
Coroner
ought
not
to
record
his
abiuration
thereof
,
No
abiuration
for
petit
treason
.
any
more
than
hee
may
doe
of
high
Treason
:
Neither
the
Coroner
ought
to
let
him
passe
by
abiuration
of
another
felonie
,
if
he
be
informed
that
the
offendor
hath
committed
petit
treason
,
and
that
for
the
grieuousnesse
of
the
offence
,
though
the
king
shall
receiue
no
more
benefit
in
petit
treason
,
than
in
felonie
.
And
the
statutes
which
were
made
in
the
time
of
k.
H.
8.
St.
21.
H.
8.
2
22.
H.
8.
14.
27
H.
8.
19
32.
H.
8.
12
touching
abiuration
,
be
a
speciall
argument
and
proofe
thereof
,
which
doe
onely
make
mention
of
abiuration
for
murder
and
felonie
,
but
not
for
petit
treason
.
Fi.
Cor.
420
9.
Ed.
4.
28
5
If
a
man
doe
robbe
a
Church
and
flie
to
another
Church
for
the
said
offence
,
and
there
would
abiure
,
No
abiuration
for
the
robber
of
a
Church
.
he
shall
not
be
receiued
thereunto
,
but
shall
violently
be
pulled
forth
of
the
Church
,
and
thrust
into
prison
.
Quia
frustra
legis
auxilium
inuocat
,
qui
in
lege
delinquit
.
Fit
.
cor.
313
9.
E.
4.
28.
6
If
a
man
that
is
attainted
of
felonie
,
and
in
carrying
to
the
gallowes
to
be
put
to
death
,
doe
escape
from
the
Sherife
,
and
flie
to
a
Church
,
No
abiuration
for
a
man
attainted
.
he
cannot
abiure
,
and
though
the
Coroner
would
take
his
abiuration
,
and
let
him
goe
at
libertie
,
the
Sherife
may
take
him
againe
,
and
put
him
to
execution
,
notwithstanding
the
said
abiuration
,
for
it
is
void
,
and
the
Coroner
in
that
case
shal
be
grieuously
amerced
for
this
escape
,
and
so
shall
the
towne
where
he
was
let
at
libertie
;
and
the
reason
is
,
for
that
a
man
cannot
haue
two
Iudgements
for
one
offence
.
Fi.
Cor.
335
And
so
it
is
,
and
for
the
same
reason
,
if
a
man
that
is
attainted
of
felonie
,
and
is
carried
to
the
gallowes
,
and
hanged
,
breaketh
the
halter
,
falleth
downe
,
and
then
riseth
vp
,
and
doth
flie
to
a
Church
,
he
cannot
abiure
,
but
must
be
taken
againe
by
the
sherife
,
&
hanged
vntil
he
be
dead
,
according
to
his
iudgement
.
No
abiuration
for
a
man
before
abiured
.
7
If
a
man
doe
abiure
the
Realme
before
a
Coroner
for
felonie
,
9.
Ed.
4.
28
8.
H.
4.
3.
Fi.
Cor.
410
and
after
doth
returne
into
the
Realme
without
the
Kings
pardon
,
and
then
flie
to
a
Church
,
and
would
abiure
againe
,
he
shall
not
be
allowed
so
to
do
,
but
shall
be
taken
forth
by
violence
,
and
put
to
execution
,
for
that
he
was
before
attainted
of
felonie
vpon
his
owne
confession
,
and
had
his
iudgement
of
abiuration
,
and
cannot
be
twice
attainted
,
or
haue
two
iudgements
.
Where
an
offendor
may
by
violence
bee
drawne
out
of
a
Church
.
8
If
a
man
doe
flie
to
a
Church
,
claiming
the
priuiledge
therof
for
the
safeguard
of
his
life
,
in
some
cases
he
may
be
drawne
forth
of
the
same
by
violence
:
as
,
if
he
come
into
the
Church
to
claime
the
benefit
thereof
for
an
vnlawfull
cause
at
the
beginning
,
viz.
for
treason
,
robbing
of
a
Church
,
beeing
formerly
abiured
,
or
such
like
,
in
those
cases
he
may
be
drawne
forth
of
the
Church
by
violence
,
by
the
people
of
the
same
towne
:
and
in
like
sort
,
3.
H.
7.
12.
Bro
▪
Cor.
180.
if
he
doe
flie
to
a
Church
,
and
saith
he
doth
take
it
for
the
safeguard
of
his
life
,
and
will
not
declare
that
he
hath
committed
felonie
,
and
that
therefore
he
claimeth
the
priuiledge
of
the
Church
:
in
that
case
the
officers
of
the
towne
may
by
strength
take
him
out
of
the
Church
.
But
if
he
doe
say
that
he
doth
take
the
Church
for
felonie
,
that
is
sufficient
,
without
declaring
what
felonie
,
or
the
manner
thereof
:
for
he
is
not
bound
to
shewe
that
but
to
the
Coroner
before
whom
hee
doth
make
his
abiuration
,
The
offendors
confession
before
the
Coroner
.
and
then
he
must
confesse
and
shew
the
yeare
,
day
,
and
place
,
where
,
and
when
the
felonie
was
committed
,
for
that
iudgement
is
to
be
giuen
vpon
his
confession
,
which
must
be
grounded
vpon
certaintie
.
Tarrying
in
a
Church
aboue
the
time
appointed
.
9
If
an
offendors
being
in
a
Church
were
once
lawfull
,
although
he
tarrie
there
aboue
the
time
which
the
law
hath
appointed
him
,
yet
hee
ought
not
for
that
cause
be
drawne
out
of
the
Church
by
violence
,
Fi.
Cor.
313
but
meat
and
drinke
shall
be
withholden
from
him
,
and
euery
person
shall
be
forbidden
to
succour
him
:
and
he
that
doth
relieue
him
shal
be
punished
at
the
Kings
suit
:
which
punishment
some
doe
affirme
shal
be
,
for
a
lay
man
death
,
Britton
.
Bracton
.
and
for
a
Clerke
banishment
;
for
he
that
taketh
a
Church
for
felonie
,
ought
not
to
tarrie
there
aboue
one
night
,
if
a
Coroner
will
come
vnto
him
,
and
be
ready
to
take
his
abiuration
,
otherwise
he
may
tarrie
there
fourtie
daies
.
The
manner
of
abiuration
.
10
The
manner
of
abiuration
is
,
that
he
who
taketh
a
Church
,
ought
to
declare
that
he
doth
take
it
for
felonie
which
he
hath
committed
:
and
when
the
Coroner
commeth
,
he
must
confesse
before
him
the
felonie
certainely
,
viz.
the
yeare
,
day
,
and
place
,
where
,
and
when
hee
committed
the
felonie
,
and
pray
to
abiure
the
Realme
,
and
to
haue
the
tuition
of
the
Church
vntill
he
can
prouide
for
his
iourney
:
and
this
confession
must
be
taken
by
the
Coroner
himselfe
,
and
not
by
his
deputie
.
And
then
he
shal
take
an
oath
,
which
is
his
abiuration
,
The
oath
of
abiuration
.
in
this
manner
:
viz.
Heare
you
this
Master
Coroner
,
Bracton
,
Britton
.
That
I
A.B.
am
a
théefe
of
two
beasts
(
or
a
killer
of
a
man
)
and
a
felon
of
the
kings
of
England
:
and
because
I
haue
committed
many
offences
and
thefts
in
this
Realme
,
I
doe
abiure
the
Kingdome
of
our
Soueraigne
Lord
King
Iames
:
And
I
must
make
haste
towards
the
port
of
S.
which
thou
hast
giuen
mee
:
And
I
must
not
goe
out
of
the
high
waie
;
and
if
I
doe
,
then
I
yéeld
to
bee
taken
as
a
théefe
and
felon
of
our
Soueraigne
Lord
the
Kings
,
&
at
the
port
I
will
diligently
séeke
passage
,
and
will
not
tarrie
there
but
one
flowing
and
ebbing
if
I
may
haue
passage
:
And
if
I
cannot
haue
passage
in
this
time
,
I
will
go
euery
day
vp
to
the
knées
into
the
sea
,
assaying
to
passe
ouer
.
And
if
I
cannot
do
it
within
fourtie
daies
together
,
I
will
returne
to
the
Church
as
a
thiefe
and
felon
of
our
soueraigne
Lord
the
King
:
So
helpe
me
God
,
&c.
And
notwithstanding
the
words
of
the
said
oath
,
the
offendor
&
not
the
Coroner
ought
to
make
the
election
of
the
port
,
whither
he
will
goe
,
&
where
he
will
make
his
passage
,
and
he
must
make
his
abiuration
at
the
dore
of
the
Church-yard
.
Fi.
Cor.
407
Britton
.
11
He
that
doth
abiure
the
Realme
must
haue
vpon
him
but
his
coate
,
The
attire
of
an
abiured
person
.
his
shirt
,
and
his
bréeches
,
and
his
head
shal
be
vncouered
,
&
he
must
carrie
a
crosse
in
his
hand
,
which
(
as
Polidore
saith
)
is
a
token
that
his
life
is
saued
by
religion
:
and
whatsoeuer
he
hath
beside
,
is
forfeited
to
the
King
,
and
neither
the
Coroner
nor
any
of
his
seruants
shall
take
any
thing
of
the
offendors
for
their
fée
.
St.
9.
E.
2.
10
12
By
the
Statute
of
Lincolne
made
ann
9.
E.
2.
The
vsing
of
persons
abiured
.
They
they
that
abiure
the
Realme
so
long
as
they
be
in
the
high
way
shal
be
in
the
Kings
peace
,
and
bée
troubled
of
no
man
.
And
whilest
they
be
in
the
Church
,
their
kéepers
shall
not
tarie
in
the
Church-yard
,
except
necessitie
,
or
perill
of
escape
doe
require
it
:
and
so
long
as
they
be
in
the
Church
,
they
shall
not
be
compelled
to
depart
,
but
may
haue
those
things
which
be
necessarie
for
their
liuelihood
,
and
may
go
forth
to
discharge
nature
.
7.
H.
7.
7.
Fi.
Cor.
14
But
if
an
abiured
person
be
molested
in
the
high
way
,
and
drawne
out
of
the
way
,
and
imprisoned
,
yet
that
will
not
excuse
him
when
he
is
againe
at
libertie
,
if
he
doe
not
within
conuenient
time
after
his
libertie
,
returne
to
the
way
leading
him
to
the
port
or
place
whereunto
vpon
his
abiuraration
he
made
choice
to
goe
.
But
if
he
doe
goe
out
of
the
high
way
vpon
ignorance
,
or
to
ease
nature
,
that
shall
not
hurt
him
,
so
that
he
doe
returne
to
the
high
way
in
conuenient
time
,
or
doe
his
good
will
to
returne
.
13
After
abiuration
if
the
offendor
doe
any
thing
contrarie
to
his
oath
,
After
abiuration
broken
,
death
.
viz.
contrary
to
his
abiuration
,
he
shal
be
put
to
execution
,
vnlesse
he
be
a
Clerke
,
and
in
that
case
shal
be
saued
from
death
by
his
Clergie
:
&
because
the
Prelates
and
Clergie
did
complaine
in
Parliament
,
that
though
a
Clerke
ought
not
to
be
iudged
by
a
temporall
Iudge
,
nor
any
thing
may
be
done
against
him
that
concerneth
life
or
member
;
neuerthelesse
temporall
Iudges
caused
Clerks
flying
vnto
the
Church
,
and
confessing
their
offences
to
abiure
the
Realme
,
and
for
that
cause
admitted
their
abiurations
,
although
hereupon
they
cannot
bée
their
Iudges
,
and
that
so
power
was
wrongfully
giuen
to
Laie
persons
in
the
punishment
of
such
Clerks
.
And
if
such
should
chance
after
to
returne
into
the
Realme
,
the
said
Prelates
and
Clergie
desired
such
remedie
to
bee
prouided
therein
,
that
the
immunitie
or
priuiledge
of
the
Church
may
be
preserued
vnbroken
.
St.
9.
E.
2.
15
Vpon
which
request
by
a
Stat.
made
ann.
9.
E.
2.
intituled
Articuli
cleri
,
it
was
enacted
,
That
a
Clerke
flying
to
the
Church
for
felonie
,
to
obtaine
the
priuiledge
of
the
Church
,
shall
not
be
compelled
to
abiure
the
realme
,
but
yéelding
himselfe
to
the
law
of
the
realme
,
shall
enioy
the
priuiledge
of
the
Church
,
according
to
the
laudible
custome
of
the
Realme
heretofore
vsed
.
Which
said
Statute
being
but
a
rehersall
,
restoring
,
and
confirmation
of
the
common
law
,
is
thought
not
to
be
repealed
by
the
words
of
the
foresaid
stat.
of
1.
Iac.
●●
.
1.
Iac.
25.
And
so
it
appeareth
by
this
stat.
that
if
he
which
doth
flie
to
a
Church
,
will
say
that
hée
is
a
Clerke
,
A
Clerke
need
not
abiure
.
he
shall
not
be
compelled
to
abiure
,
and
if
he
doe
abiure
of
his
own
good
will
,
and
thereby
doth
lose
his
lands
,
yet
to
saue
him
from
execution
hee
shall
haue
his
Clergie
.
S.
St.
28.
H.
8.
1.
Clergie
5.
Where
no
felonie
no
abiuration
for
felonie
.
14
A
maried
wife
béeing
desirous
to
bee
deliuered
from
her
husband
,
Fi.
Cor.
425
did
flie
to
a
Church
,
and
acknowledged
a
felonie
,
where
she
neuer
had
committed
any
felonie
,
and
desired
to
abiure
:
and
her
husband
vnderstanding
of
it
came
to
her
,
and
then
shée
fled
out
of
the
Church
and
escaped
,
and
towne
or
person
were
amerced
for
this
escape
:
for
there
could
no
felon
escape
where
no
felonie
was
committed
.
Neither
can
there
be
any
abiuration
where
no
felonie
is
committed
.
And
therefore
an
offendor
cannot
abiure
for
petit
larcenie
.
Br.
Cor.
182
The
abiured
pleadeth
that
he
is
not
the
same
person
.
15
He
that
doth
abiure
,
and
is
taken
againe
,
and
arraigned
,
Fi.
Cor.
124
may
plead
that
he
is
not
the
same
person
which
did
abiure
,
and
then
that
shal
be
tried
by
the
Coroner
who
tooke
his
abiuration
:
Or
hee
may
plead
the
Kings
pardon
The
Kings
pardon
.
granted
to
him
of
the
felonie
and
abiuration
:
9.
E.
4.
28.
for
if
the
pardon
make
no
mention
of
the
abiuration
,
it
is
not
good
.
S.
Pardon
7.
A
Recusant
vsing
conuenticles
shall
abiure
the
realm
16
By
the
statute
of
ann
35.
El.
it
was
ordained
,
St.
35.
El.
1
that
if
any
person
or
persons
aboue
the
age
of
sixtéene
yeares
,
which
shall
offend
against
the
said
Acte
(
in
persuading
others
to
impugne
the
Quéenes
Ecclesiasticall
lawes
)
shall
not
within
thrée
moneths
after
they
shall
be
conuicted
for
their
said
offence
,
conforme
themselues
to
the
obedience
of
the
Lawes
and
Statutes
of
this
Realme
,
in
comming
to
Church
to
heare
diuine
Seruice
,
and
in
making
such
publike
confession
and
submission
,
as
in
the
said
Act
is
expressed
,
béeing
thereunto
required
by
the
Bishop
of
the
Dioces
,
or
any
Iustice
of
the
Peace
in
the
same
countie
,
where
the
said
person
shall
happen
to
be
,
or
by
the
minister
or
Curat
of
the
Parish
:
In
euery
such
case
,
euery
such
offendor
béeing
thereunto
warned
or
required
by
any
such
Iustice
of
Peace
of
the
same
Countie
where
such
offendors
shall
happen
to
be
,
shall
vpon
his
or
their
corporall
Oath
,
before
the
Iustices
of
the
Peace
in
the
open
Quarter
Sessions
of
the
same
Countie
where
such
offendors
shall
then
bée
,
or
at
the
Assises
and
Gaole
Deliuerie
of
the
same
Countie
,
before
the
Iustices
of
the
same
Assises
and
Gaole
Deliuerie
,
abiure
the
Realme
of
England
,
and
all
other
the
Quéenes
Dominions
for
euer
(
vnlesse
her
Maiestie
shall
licence
the
parties
to
returne
:
)
and
thereupon
shall
depart
out
of
the
Realme
,
at
such
Hauen
or
Port
,
and
within
such
time
as
shall
in
that
behalfe
be
assigned
and
appointed
by
the
said
Iustices
,
before
whom
such
abiuration
shal
be
made
,
vnlesse
the
same
offendor
bée
letted
or
staied
by
such
lawfull
and
reasonable
meanes
or
causes
,
as
by
the
common
lawes
of
this
Realme
are
permitted
and
allowed
in
cases
of
abiuration
for
felonie
.
And
in
such
cases
of
let
or
stay
,
then
within
such
reasonable
and
conuenient
time
after
,
as
the
common
law
requireh
in
case
of
abiuration
for
felony
,
as
is
aforesaid
.
And
the
Iustices
of
peace
before
whom
any
such
abiuration
shall
happen
to
be
made
,
as
is
aforesaid
,
shall
cause
the
same
presently
to
be
entered
of
Record
before
them
,
and
shall
certifie
the
same
to
the
Iustices
of
Assises
and
Gaole
deliuerie
of
the
said
Countie
at
the
next
Assises
or
Gaole
deliuerie
to
be
holden
in
the
same
countie
.
And
if
any
such
offendor
which
by
the
tenour
and
intent
of
this
act
is
to
be
abiured
as
is
aforesaid
,
shall
refuse
to
make
such
abiuration
as
is
aforesaid
,
or
after
such
abiuration
made
,
shal
not
go
to
such
hauen
,
and
within
such
time
as
is
before
appointed
,
&
from
thence
depart
out
of
this
Realme
according
to
this
present
act
,
or
after
such
his
departure
shall
returne
or
come
againe
into
any
the
Qu.
Realmes
or
Dominions
without
her
speciall
licence
in
that
behalfe
first
had
and
obtained
:
Then
in
euery
such
case
the
person
so
offending
shal
be
abiudged
a
felon
,
and
suffer
as
in
case
of
felonie
,
without
benefit
of
Clergie
.
If
any
person
or
persons
that
shal
at
any
time
offend
against
this
act
,
shall
before
he
or
they
be
so
warned
or
required
to
make
abiuration
,
according
to
the
tenour
of
this
act
,
repaire
to
some
parish
Church
on
some
sonday
,
or
other
festiuall
day
,
and
then
and
there
heare
diuine
seruice
,
and
at
Seruice
time
before
the
Sermon
,
or
reading
of
the
gospel
,
make
publike
and
open
submission
and
declaration
of
his
and
their
conformity
to
her
Maiesties
lawes
and
statutes
,
as
in
this
act
is
hereafter
declared
&
appointed
:
That
then
the
same
offendor
shall
thereupon
be
cléerely
discharged
of
and
from
all
the
penalties
and
punishments
inflicted
or
imposed
by
this
act
for
any
of
the
offences
aforesaid
.
Prouided
that
no
Popish
Recusant
or
seme
couert
shal
be
compelled
to
abiure
by
vertue
of
this
act
:
Prouided
also
that
euery
person
that
shall
abiure
by
force
of
this
act
,
or
refuse
to
abiure
,
being
thereunto
required
,
as
is
aforesaid
,
shal
forfeit
and
loose
to
her
Maiestie
all
his
goods
and
cattels
,
and
all
his
lands
,
tenements
,
and
hereditaments
,
during
his
life
only
,
and
no
longer
.
But
his
wife
shal
not
loose
her
dower
,
neither
shall
his
blood
bée
corrupt
.
S.
Felonie
by
stat.
9.
17
By
a
statute
made
ann
35.
El.
2.
St
35.
El.
2.
(
intituled
an
act
for
the
restraining
of
Popish
Recusants
to
some
certaine
place
of
abode
)
it
is
ordained
,
Popish
Recusants
shall
abiure
the
Realme
.
That
Recusants
not
conforming
themselues
to
the
obedience
of
the
lawes
of
this
realme
,
in
comming
to
the
Church
to
heare
diuine
seruice
,
which
shall
not
vpon
the
request
of
two
Iustices
of
peace
,
or
Coroner
of
the
same
countie
,
abiure
the
realm
,
and
depart
for
the
same
,
and
not
returne
without
the
Queenes
licence
,
shal
be
adiudged
felons
,
and
suffer
and
loose
as
in
case
of
felonie
,
without
benefit
of
Clergie
.
S.
Fel.
by
St.
10.
St.
3.
E.
1.
10
18
By
the
stat.
of
West
.
1.
made
ann
3.
E.
1.
it
is
enacted
,
Abiuration
of
a
Trespasser
.
That
he
which
committeth
trespasse
in
parkes
or
ponds
shall
abiure
,
if
hee
cannot
find
suretie
no
more
to
doe
the
like
offence
.
But
that
abiuration
is
not
for
felonie
,
neither
shal
he
forfeit
his
lands
or
goods
.
Pleading
not
guiltie
.
HAuing
made
mention
of
one
of
the
pleas
which
a
prisoner
brought
to
the
barre
to
be
arraigned
of
Treason
or
Felonie
doth
plead
,
viz.
of
the
Confession
of
the
offence
,
and
shewed
how
many
sorts
of
Confessions
of
felonie
the
law
doth
take
notice
of
,
&
by
what
meanes
she
doth
procéed
against
the
parties
confessing
:
I
am
now
to
treat
of
a
second
,
or
one
other
plea
,
that
the
prisoner
vpon
his
arraignment
doth
plead
in
his
own
defence
,
which
is
the
plea
of
Not
guiltie
.
For
when
a
prisoner
by
an
appeale
,
or
an
Inditement
,
is
charged
with
treason
,
or
felonie
,
he
may
estrange
himselfe
from
the
offence
,
if
he
will
,
and
ioyne
the
same
issue
,
which
the
defendant
oft
times
doth
in
an
action
of
trespasse
,
&
some
other
personall
actions
,
viz.
he
may
plead
and
take
for
his
issue
,
Not
guiltie
.
This
plea
of
not
guiltie
is
the
most
common
and
vsual
plea
,
Pleading
not
guilty
the
most
common
plea.
that
he
which
is
arraigned
of
treason
or
felonie
,
hath
to
plead
vpon
an
inditement
,
or
an
appeale
:
and
it
is
the
plea
whereunto
euery
person
that
is
arraigned
shall
be
enforced
,
vnlesse
it
be
in
speciall
cases
,
viz.
where
he
hath
matter
of
Iustification
,
or
matter
in
Law
to
plead
.
And
this
plea
of
Not
guiltie
doth
tend
to
the
fact
,
that
is
to
the
felony
,
and
therefore
it
receiueth
great
fauour
in
Law
:
7.
Ed.
4.
15.
4.
H.
6.
15
4.
H.
7.
5.
10.
H.
4.
4.
9.
H.
4.
2.
for
the
Law
doth
allow
this
plea
to
him
who
is
arraigned
after
he
hath
pleaded
in
abatement
,
or
barre
of
the
appeale
,
or
inditement
,
so
that
his
barre
doe
not
comprehend
such
matter
as
doth
confesse
the
felonie
(
as
a
Release
of
the
appellant
,
or
the
Kings
pardon
.
)
And
that
plea
he
shall
haue
also
,
though
one
of
his
pleas
were
matter
in
law
:
for
though
those
pleas
doe
require
diuers
trials
,
29.
Ed.
3.
91.
22.
E.
4.
39.
27.
As
.
p.
3
14.
Ed.
4.
7
yet
in
fauour
of
life
hee
shall
haue
both
those
pleas
,
as
well
as
he
shall
haue
when
he
doth
plead
matter
triable
by
the
Bishop
,
or
by
Record
,
viz.
and
moreouer
not
guiltie
.
Which
pleas
he
shall
haue
notwithstanding
he
doe
not
conclude
,
moreouer
not
guiltie
,
that
is
to
say
,
Pleading
not
guilty
after
other
pleas
.
he
shall
come
time
enough
to
plead
not
guiltie
after
the
matter
triable
by
the
Bishop
,
or
by
Record
,
is
found
against
him
.
And
the
manner
of
pleading
in
all
those
cases
is
to
plead
his
plea
,
and
to
pray
allowance
thereof
,
and
ouer
to
the
felonie
not
guiltie
.
Vpon
the
plea
of
not
guilty
no
councel
allowed
.
2
Vpon
this
plea
of
onely
not
guiltie
,
the
partie
indited
shall
not
haue
councell
learned
in
the
law
to
plead
for
him
,
or
to
say
any
thing
in
his
behalfe
in
the
same
plea
(
vnlesse
it
be
in
an
appeale
,
which
is
the
suit
of
the
partie
)
for
when
the
offendor
is
put
to
answer
to
an
inditement
of
treason
or
felonie
,
he
must
answer
it
in
proper
person
,
and
not
by
atturney
,
or
councel
learned
:
For
this
plea
of
Not
guiltie
doth
tend
to
the
fact
,
that
which
the
party
himselfe
doth
best
know
,
and
therefore
hee
can
best
make
answer
vnto
it
.
And
if
his
councell
learned
should
plead
his
plea
for
him
,
and
defend
him
,
it
may
be
that
they
would
be
so
couert
in
their
spéeches
,
and
so
shadow
the
matter
with
words
,
and
so
attenuate
the
proofs
and
euidence
,
that
it
would
be
hard
,
or
long
to
haue
the
truth
appeare
.
Also
if
the
partie
himselfe
defend
it
,
peraduenture
his
conscience
will
pricke
him
to
vtter
the
truth
,
or
his
countenance
,
or
gesture
wil
shew
some
tokens
thereof
,
9.
Ed.
4.
2.
or
by
his
simple
spéeches
somewhat
may
be
drawne
from
him
to
bolt
out
the
veritie
of
the
cause
,
which
would
not
be
wonne
of
men
learned
in
the
law
,
who
indeauour
to
speake
prouidently
,
and
artificially
,
which
be
the
causes
that
the
offendor
shall
answer
in
his
owne
person
,
and
not
by
councell
learned
.
And
yet
if
the
plea
of
the
partie
indited
be
such
that
it
doth
excéed
his
learning
and
knowledge
to
answer
,
1.
H.
7.
15
12.
El.
Dyer
296.
7.
H.
4.
36.
and
plead
vnto
,
Where
councell
shal
be
allowed
.
Informing
the
Court
of
a
default
.
then
hee
shall
haue
learned
councel
assigned
vnto
him
,
though
it
be
against
the
King
.
And
one
that
is
in
the
Court
at
the
time
of
the
inditement
or
arraignment
of
a
prisoner
,
may
as
Amicus
Curiae
,
informe
the
Court
that
there
is
a
defect
in
the
inditement
,
to
the
benefit
of
the
prisoner
.
❧
Triall
by
Battell
.
THere
is
an
auncient
triall
of
the
plea
of
Not
guiltie
by
the
common
law
,
much
vsed
in
former
ages
,
which
is
triall
by
combate
,
viz.
by
Battell
,
which
triall
the
defendant
in
an
Appeale
of
felonie
may
choose
,
and
combate
with
the
Appellant
,
for
the
triall
if
he
be
guiltie
or
not
of
the
felonie
whereof
the
appellant
hath
commenced
his
appeale
against
him
.
And
if
the
Appellée
hath
so
good
successe
in
that
battell
,
that
he
doth
therein
vanquish
the
appellant
,
he
shall
barre
him
of
his
appeale
for
euer
.
And
though
this
triall
by
battell
is
not
so
much
in
vse
as
it
was
in
the
raignes
of
king
Edward
the
3.
king
Richard
the
2.
and
king
Henry
the
4.
yet
is
it
at
this
day
lawfull
,
Triall
by
battel
,
or
by
the
countrey
.
and
not
so
much
disused
,
but
it
may
be
put
in
practise
in
an
appeale
,
if
the
defendant
will
,
and
that
there
be
no
lawfull
counter-plea
thereof
:
Or
else
the
defendant
in
an
appeale
may
at
his
choyce
plead
not
guiltie
,
and
referre
himselfe
to
be
tried
by
the
countrie
.
This
triall
in
an
appeale
by
battell
shall
be
betwéene
the
appellant
and
the
appellée
themselues
,
in
their
own
persons
,
and
not
by
Champions
(
as
it
is
in
a
writ
of
right
.
)
And
this
triall
by
battell
is
an
auncient
law
of
this
realme
,
37.
H.
6.
3
&
it
is
also
put
in
practise
and
allowed
by
the
ciuill
law
;
which
it
is
thought
the
Romans
learned
and
embraced
,
euer
since
that
renowned
combate
that
was
fought
in
the
time
of
Tullus
Hostilius
third
king
of
the
Romans
,
and
of
Metius
Suffetius
dictator
of
the
Albans
,
Tit.
Liu.
l.
1
betwéene
the
thrée
brethren
Horatij
Romans
,
and
the
thrée
brethren
Curiatij
Albans
,
by
the
consent
and
in
the
presence
of
both
the
Captaines
and
Armies
,
for
the
perpetuall
gouernment
of
both
the
kingdomes
:
wherein
M.
Horatius
vanquished
,
and
slew
in
the
field
the
thrée
Curiatij
,
who
presently
before
had
killed
his
other
two
brethren
,
and
by
that
meanes
obtained
to
the
Romans
the
perpetuall
gouernment
of
the
citie
and
countrey
of
the
Albans
,
and
deliuered
his
owne
nation
from
continuall
seruitude
.
The
forme
of
trial
by
battel
.
2
The
order
and
forme
of
triall
by
Battell
is
this
:
when
the
defendant
in
an
appeale
hath
pleaded
not
guiltie
,
ready
to
defend
the
same
by
his
body
,
hee
must
cast
his
gauntlet
into
the
court
,
and
if
the
Pl
wil
reioyne
to
the
Battel
,
hée
must
take
vp
the
Gauntlet
:
Fit
.
Cor.
385
But
if
the
Plaintife
will
counterplead
the
Battell
,
then
hée
must
let
the
Gauntlet
lie
:
and
then
the
Defendant
may
demurre
in
law
thereupon
,
if
he
do
let
his
gauntlet
lie
.
If
it
be
in
an
appeale
of
death
,
and
that
the
appellant
and
the
appellée
doe
ioyne
in
wager
of
Battell
,
the
Appellant
shall
rehearse
his
appeale
word
by
word
,
as
he
did
at
the
first
,
and
the
appellée
shall
likewise
make
his
defence
,
as
he
did
at
the
first
:
and
then
the
defendant
shall
wage
the
battel
in
this
manner
,
17.
E.
3.
2.
17.
Ass.
p.
1
9.
H.
4.
4
viz.
Thomas
the
appellée
shall
with
his
left
hand
take
I.
the
appellant
by
the
right
hand
,
and
lay
his
owne
right
hand
vpon
a
booke
,
and
say
thus
:
Heare
you
this
,
you
man
,
which
doe
call
your selfe
Iohn
by
your
name
of
Baptisme
,
that
I
man
,
which
doe
call
my selfe
Thomas
by
name
of
Baptisme
,
such
a
day
,
and
such
an
year
,
did
not
kill
William
your
father
by
name
,
as
you
doe
surmise
,
neither
am
I
guiltie
of
this
felonie
,
so
helpe
me
God
,
and
shall
kisse
the
booke
:
and
this
I
will
defend
against
you
by
my
bodie
,
as
this
Court
will
award
.
And
after
I.
the
Appellant
shall
with
his
left
hand
take
T.
the
appellée
by
the
right
hand
,
and
lay
his
owne
right
hand
vpon
the
Booke
,
and
say
in
this
manner
:
Heare
you
this
,
you
man
,
which
by
name
of
Baptisme
doe
call
your selfe
Thomas
,
that
you
furiously
such
a
day
,
and
in
such
a
yeare
,
did
kill
William
by
name
,
my
Father
,
so
helpe
me
God
,
and
shall
kisse
the
Booke
:
and
this
I
will
iustifie
against
you
by
my
bodie
,
as
this
Court
will
award
.
And
the
Court
shall
appoint
them
a
day
to
make
their
combate
,
and
the
appellée
shall
put
in
pledges
to
the
Court
,
to
performe
the
battell
,
and
to
defend
himselfe
:
and
the
plaintife
shall
put
in
pledges
to
deraigne
the
battell
at
the
day
assigned
:
And
the
Appellant
shall
goe
at
libertie
,
and
the
appellée
shall
bée
kept
in
prison
at
ease
,
and
haue
sufficient
meat
and
drinke
.
And
the
Marshall
shall
apparell
the
appellant
and
the
appellée
both
alike
at
their
owne
costes
,
the
night
before
the
combate
shall
be
fought
,
to
the
ende
that
they
may
bee
in
the
field
the
next
morning
,
ready
to
performe
the
combate
,
by
the
sunne
rising
.
And
the
appellées
head
shall
be
polled
,
but
not
the
appellants
:
and
the
Marshall
shall
bring
them
attired
into
the
field
ready
to
performe
the
Battell
.
Which
combate
shall
be
tried
before
the
Iustices
,
19.
H.
6.
15
Br.
Battel
16
Bracton
de
cor.
ca.
21
who
shall
cause
Proclamation
to
bée
made
when
they
be
set
,
and
the
Appellant
and
the
Appellée
be
within
the
lists
,
ready
to
atchieue
the
combate
,
That
none
,
but
the
two
combaters
shall
be
so
hardie
to
stirre
,
or
make
any
noyse
,
whatsoeuer
he
shall
sée
,
or
heare
,
whereby
the
battell
may
be
disturbed
:
And
whosoeuer
shall
doe
any
thing
contrarie
to
the
said
Proclamation
,
Britton
.
shall
bée
imprisoned
a
yeare
and
a
day
.
And
they
shall
fight
with
weapons
of
small
length
,
béeing
bare
headed
,
and
hauing
their
hands
and
féet
bare
,
with
two
staues
of
one
length
,
horned
at
both
endes
.
And
either
of
them
shall
haue
a
Scutchian
foure
cornerd
,
without
any
yron
,
for
that
one
shall
not
hurt
the
other
with
the
yron
.
Bracton
de
coron.
c.
21.
And
if
the
appellée
can
defend
himselfe
vntill
Starres
may
be
séene
in
the
firmament
,
then
he
shal
goe
quit
from
the
appellant
.
And
also
when
the
appellant
and
the
appellée
be
in
the
field
ready
to
ioyne
battell
,
or
in
the
Battell
,
it
is
a
sufficient
vanquishment
if
the
appellant
will
confesse
his
appeale
to
be
false
:
21.
H.
6.
34.
Fi.
Cor.
98
for
by
this
acknowledgement
,
he
shal
be
adiudged
to
be
ouercome
in
the
field
,
and
barred
of
his
appeale
for
euer
.
And
on
the
other
side
,
if
the
appellée
doe
confesse
himselfe
in
the
field
to
be
vanquished
,
Bracton
de
coron.
c.
21.
he
shal
be
presently
hanged
:
As
in
an
appeale
the
defendant
pleaded
not
guiltie
,
and
made
his
choyce
to
trie
it
by
Battel
,
and
as
they
were
in
the
combate
,
the
appellant
cast
the
appellée
to
the
ground
,
&
did
grieuously
beat
him
,
19.
H.
6.
35.
and
the
Iustices
sent
for
the
appellée
,
and
when
he
was
brought
vnto
them
,
they
demanded
of
him
,
if
he
would
any
more
of
the
battell
,
or
not
:
who
answered
,
that
he
would
not
:
and
said
further
,
that
by
the
oath
which
hée
had
taken
,
hée
was
not
guiltie
of
the
felonie
whereof
he
was
appealed
:
to
whom
the
Iustices
said
,
That
if
he
would
any
more
of
the
battell
,
he
should
be
laid
in
the
same
sort
that
he
was
when
they
sent
for
him
:
but
he
answered
,
that
he
would
no
more
of
the
battell
,
and
therefore
hée
was
presently
hanged
.
The
reason
why
the
def.
may
be
tried
by
battel
in
appeale
.
3
The
reason
why
in
an
appeale
the
Defendant
shall
bée
admitted
to
trie
his
cause
by
Battell
is
,
for
that
no
euident
or
probable
matter
doth
appeare
against
him
to
prooue
him
guiltie
of
the
felonie
whereof
hée
is
appealed
,
but
onely
the
bare
accusation
of
the
Appellant
,
which
is
no
witnesse
of
credit
in
his
owne
cause
.
And
therefore
séeing
the
appellant
doth
demaund
iudgement
of
death
against
the
Appellée
by
an
appeale
,
and
hath
no
other
probable
euidence
to
attaint
him
,
but
his
owne
accusation
,
it
is
more
reason
,
that
the
appellant
shall
aduenture
his
life
with
the
appellée
for
the
triall
thereof
,
if
the
defendant
doe
require
it
,
than
to
put
the
triall
thereof
vpon
the
countrey
(
which
for
default
of
euidence
may
be
ignorant
of
the
truth
thereof
,
and
so
giue
a
false
verdit
)
and
by
that
meanes
to
leaue
it
to
God
(
to
whom
the
truth
of
all
things
be
knowne
)
to
giue
the
verdit
in
this
cause
,
by
attributing
the
victorie
or
vanquishment
to
which
partie
it
shall
please
him
.
Counter-pleas
to
the
battel
.
4
If
the
appellant
haue
any
vehement
presumption
,
or
sufficient
testimony
,
to
prooue
that
his
appeale
is
true
,
it
will
bée
a
good
counter-plea
,
and
sufficiently
serue
him
to
put
the
appellée
from
his
triall
by
Battell
:
As
,
if
the
Defendant
were
indited
of
this
Felonie
before
the
appeale
commenced
,
22.
E.
4.
19.
20.
E.
4.
6
14.
E.
4.
7.
4.
Ass.
p.
1
Bracton
de
coron̄
c.
18.
Britton
.
or
was
taken
with
the
manoure
,
or
was
taken
with
a
bloodie
knife
,
or
other
weapon
,
ouer
the
bodie
of
him
that
was
slaine
,
or
néere
vnto
him
,
whereby
there
was
vehement
suspition
that
he
killed
him
,
or
that
the
defendant
did
lie
alone
in
the
house
with
him
that
was
killed
,
or
that
he
and
others
did
lie
in
the
house
with
him
that
was
slaine
,
and
receiued
no
blowes
or
wounds
in
his
defence
,
or
that
he
made
no
Huy
and
Crie
after
the
théeues
or
murderers
to
apprehend
them
,
or
that
he
will
not
confesse
which
of
those
that
were
in
the
house
with
him
,
did
kill
the
man
that
was
slaine
,
or
committed
the
felonie
that
was
done
,
or
that
he
receiued
the
man
that
was
slaine
into
his
house
,
which
was
séene
to
goe
in
aliue
,
and
after
was
found
dead
there
,
and
no
meane
prooued
how
he
came
by
his
death
.
Taken
with
the
manoure
.
5
If
the
Defendant
be
taken
with
the
manoure
(
as
in
an
appeale
of
death
,
with
a
bloodie
knife
,
or
other
weapon
)
he
shal
be
barred
from
waging
of
battel
.
And
so
it
shall
be
if
he
be
taken
with
the
manoure
in
an
appeale
of
Robberie
,
7.
H.
4.
44
Fit
.
cor.
230
4.
Ed.
3.
9
which
manoure
the
plaintife
must
bring
into
the
Court
at
the
time
when
the
Appellée
doth
offer
to
ioyne
in
battell
,
or
otherwise
he
must
plead
that
the
Appellée
was
taken
with
the
manoure
,
which
manoure
hee
would
haue
brought
into
the
Court
,
but
that
he
was
not
able
to
bring
it
:
or
else
hee
may
say
that
the
manoure
is
in
the
possession
of
another
,
and
pray
the
Court
to
write
for
it
.
To
which
manoure
when
it
commeth
into
the
Court
,
the
defendant
shall
haue
no
trauerse
,
or
other
exception
,
if
the
thing
brought
into
the
Court
for
the
manoure
,
doe
not
varie
from
those
goods
,
or
things
which
be
contained
in
the
Appeale
.
22.
Ed.
4.
19
And
in
appeale
of
robberie
,
if
the
Appellée
be
apprehended
vpon
fresh
suit
by
Huy
and
Crie
,
and
some
of
the
money
robbed
be
taken
in
his
custodie
,
this
is
a
sufficient
taking
with
the
manoure
to
put
him
from
waging
of
Battell
,
Fi.
Cor.
375
though
the
money
cannot
be
knowne
from
other
money
.
And
the
reasons
why
in
an
appeale
of
robberie
,
the
defendant
being
taken
with
the
manoure
,
shall
not
wage
battell
against
the
appellant
be
,
for
that
by
the
Appeale
the
plaintife
doth
endeauour
to
attaint
the
Appellée
of
felonie
,
and
also
to
haue
his
goods
againe
.
And
it
may
be
,
that
if
it
should
be
tried
by
Battell
,
the
Appellée
might
vanquish
the
Appellant
in
combate
(
though
the
appellee
be
guiltie
of
the
felonie
)
and
by
that
meanes
also
retaine
his
goods
stollen
,
without
cause
.
Taken
with
the
manoure
.
And
the
manoure
was
accounted
so
pregnant
an
euidence
in
former
ages
,
that
the
Iustices
would
as
readily
arraigne
a
prisoner
vpon
the
manoure
taken
in
his
possession
,
as
vpon
an
indictment
.
6
It
is
also
a
good
counter-plea
to
the
battell
,
for
the
Appellant
to
say
,
Breaking
of
prison
.
that
the
defendant
when
he
was
taken
or
arrested
for
that
felonie
whereof
the
appeale
is
sued
,
Fi.
Cor.
251
281
1.
As
.
p.
6.
and
therefore
imprisoned
,
did
breake
the
prison
,
and
escaped
,
or
did
what
he
could
to
escape
:
for
it
is
a
very
great
presumption
against
him
,
that
he
is
guiltie
of
the
felonie
whereof
he
is
appealed
,
in
that
hee
did
breake
the
prison
and
flie
,
or
would
haue
fled
for
the
felonie
:
and
that
hée
did
not
relie
vpon
,
and
trust
to
his
innocencie
,
and
be
iustified
and
tried
by
the
law
.
And
the
Appellée
may
reply
to
that
counter-plea
,
and
trauerse
the
arrest
for
felonie
,
or
the
breaking
of
the
prison
,
if
he
will
,
or
he
may
plead
the
Kings
pardon
for
the
breaking
of
the
prison
:
1.
As
.
p.
3
Fi.
Cor.
154
157.
which
trauerse
or
pardon
being
tried
,
or
allowed
,
he
shal
be
restored
to
his
triall
by
battell
.
7
As
there
be
impediments
of
the
defendants
part
,
Le
ts
of
trial
by
battell
on
the
plaintifes
part
.
why
he
may
not
wage
battell
against
the
appellant
,
so
be
there
lets
of
the
appellants
part
,
that
the
appellée
cannot
wage
battell
against
him
:
for
as
vehement
presumptions
of
the
defendants
guiltinesse
be
causes
to
put
him
from
waging
of
battell
,
so
be
vehement
presumptions
of
the
appellants
infirmities
,
or
weakenesse
,
sufficient
barres
to
exclude
the
appellée
from
triall
by
battell
with
him
.
As
,
if
the
appellant
be
within
the
age
of
fouretéene
yéeres
,
or
aboue
the
age
of
thréescore
and
tenne
yéeres
,
Fi.
Cor.
230
268.
22.
E.
4.
20
or
within
orders
,
or
a
woman
,
or
be
maihemed
;
whether
he
were
maihemed
by
the
appellée
at
the
time
that
the
saide
appellée
robbed
him
,
or
at
any
other
time
;
or
(
as
some
doe
affirme
)
whether
he
was
maihemed
by
the
appellée
,
or
by
any
other
.
And
some
doe
holde
it
for
Lawe
,
that
if
the
appellant
be
aboue
the
age
of
thréescore
yeares
,
the
appellée
shall
no
more
wage
battell
against
him
,
than
against
an
infant
within
age
,
or
a
woman
.
But
if
the
appellée
will
wage
battell
being
of
that
age
,
he
may
,
for
though
he
may
discharge
himselfe
of
battell
,
in
respect
of
his
saide
age
,
if
hée
will
,
Bracton
.
yet
in
that
the
Lawe
hath
giuen
him
his
choice
,
whether
he
will
be
tried
by
battell
,
or
by
the
Countrey
,
hée
may
refuse
the
benefit
of
his
age
,
and
wage
battell
.
Priuiledge
of
the
Appellants
person
.
8
In
some
cases
the
priuiledge
of
the
person
of
the
appellant
shall
put
the
appellée
from
the
triall
by
battel
with
him
:
as
the
person
of
the
King
,
when
the
defendant
is
arraigned
at
his
suit
in
an
appeale
;
for
in
an
arraignment
vpon
an
Indictment
at
his
suit
,
The
King
.
the
partie
indited
shall
not
wage
battell
,
for
the
vehement
presumption
that
the
Inditement
is
true
,
béeing
found
by
the
oathes
of
twelue
lawfull
men
of
the
Countrey
.
Plo.
com
.
335.
And
as
the
person
of
the
King
shall
be
exempt
from
battell
,
so
shall
all
other
,
to
whom
the
King
shal
please
to
grant
such
an
exemption
:
As
in
former
ages
such
a
graunt
hath
béene
made
by
some
King
of
this
Realme
,
to
the
Citizens
of
London
,
that
battel
shal
not
be
waged
against
any
of
them
in
any
appeale
whatsoeuer
,
brought
by
any
of
them
.
Fi.
Cor.
125
157.
And
if
a
citizen
of
London
Citizens
of
London
.
will
bring
an
appeale
against
another
,
and
the
defendant
will
offer
to
wage
battell
with
him
,
though
the
Appellant
would
refuse
the
benefit
of
this
priuiledge
,
and
ioyne
battell
with
him
,
yet
the
battell
shall
not
be
performed
;
for
the
Mayor
and
Comminaltie
of
London
must
sue
a
writ
out
of
the
Chauncerie
,
directed
to
the
Iudges
,
where
that
triall
should
bée
made
,
rehearsing
their
libertie
,
and
pray
allowance
thereof
,
to
stay
the
trial
by
battell
,
And
though
in
the
foresaid
case
(
and
other
cases
,
Fi.
Cor.
125
where
counter-pleas
to
battell
be
pleaded
)
the
plaintife
doth
count
,
that
if
the
defendant
will
denie
it
,
he
is
ready
to
prooue
it
by
his
body
,
yet
the
defendant
in
his
plea
cannot
take
aduantage
thereof
,
for
those
be
but
words
of
forme
,
and
not
of
substance
:
and
notwithstanding
this
conclusion
,
he
may
make
his
trial
by
the
countrie
,
or
otherwise
as
the
law
will
.
9
By
the
Statute
of
ann
6.
R.
2.
St.
6.
R.
2.
6.
it
was
enacted
,
That
if
any
Noble
mans
daughters
,
Ladies
,
or
other
women
be
rauished
,
and
after
the
same
rape
committed
,
doe
consent
to
the
Rauishers
,
the
husbands
of
such
women
(
if
they
haue
husbands
)
or
if
they
haue
no
husbands
liuing
,
then
their
fathers
,
or
other
their
next
kinsmen
in
blood
,
shall
haue
the
suit
to
prosecute
,
and
may
pursue
against
the
same
offendors
and
rauishers
in
this
behalfe
,
and
to
conuict
them
of
felonie
,
No
wager
of
battell
in
appeale
of
Rape
.
though
the
same
woman
after
the
rape
doe
consent
to
the
rauishers
.
And
in
this
case
the
defendant
shall
not
wage
battell
,
but
the
truth
of
the
matter
shall
be
tried
by
the
countrey
.
S.
Felonies
by
Stat.
2.
One
fighting
with
seueral
men
.
10
If
one
man
doe
appeale
diuers
men
of
one
felonie
,
47.
E
3
5.
19.
H.
6.
35
and
they
all
ioyne
in
battell
with
the
Appellant
,
he
must
fight
with
them
all
,
one
after
another
,
if
it
doe
not
so
chance
that
he
is
slaine
by
one
of
them
,
before
he
can
performe
the
battell
with
the
residue
:
which
if
it
happen
,
all
the
residue
of
the
defendants
shall
be
discharged
of
the
appeale
.
But
if
when
the
Appellant
doth
come
into
the
field
to
fight
with
one
of
the
Appellées
,
Fi.
Cor.
98
he
will
then
confesse
his
appeale
to
be
false
towards
him
,
yet
that
shall
not
discharge
the
residue
of
the
appeale
,
but
they
shall
procéed
in
their
triall
with
the
appellant
.
And
likewise
if
one
man
be
appealed
by
three
men
of
seuerall
felonies
,
and
he
doe
plead
not
guiltie
,
ready
to
trie
it
by
his
bodie
,
in
this
case
hee
must
fight
with
them
all
,
one
after
another
,
and
though
he
doe
vanquish
or
kill
one
of
them
,
this
will
not
discharge
him
against
the
other
.
Bracton
de
cor.
ca.
19
But
if
thrée
men
doe
appeale
one
man
but
of
one
felonie
,
then
if
the
Appellée
doe
vanquish
one
of
them
,
he
shal
be
discharged
against
the
other
two
.
And
in
that
case
if
the
said
thrée
Appellants
be
Approuers
,
7.
Ed.
3.
12
then
the
other
two
shal
be
hanged
.
11
And
all
that
is
before
written
touching
Triall
by
Battell
,
may
be
applied
,
as
well
to
the
appeale
of
an
approuer
,
An
Appeale
by
approuer
.
who
confesseth
himselfe
to
be
a
felon
,
as
to
an
appeale
commenced
by
a
true
man
.
Fi.
Droit
.
57
12
If
a
man
be
appealed
of
felonie
,
The
Appellee
wageth
battell
,
and
then
becommeth
blinde
.
and
wageth
battell
with
the
appellant
,
and
after
he
doth
become
blinde
by
infirmitie
,
and
not
by
his
owne
procurement
,
he
shall
be
discharged
of
the
battell
:
and
so
it
is
in
a
writ
of
Right
:
)
for
in
this
case
the
appellée
hath
pleaded
such
a
plea
as
the
Lawe
doth
allowe
him
:
and
his
disabilitie
to
performe
it
commeth
by
the
act
of
God
.
But
if
after
the
Defendant
hath
waged
battell
with
the
appellant
,
the
same
appellant
shall
become
blinde
,
by
what
meanes
soeuer
,
the
appellée
shall
be
arraigned
at
the
Kings
suite
.
S.
Appeales
.
96.
Triall
by
Peeres
.
WHen
the
Defendant
hath
pleaded
Not
guiltie
to
an
appeale
,
or
an
indictment
,
then
the
matter
commeth
to
be
tried
betwéene
the
King
and
him
,
or
the
appellant
and
him
,
whether
he
be
guiltie
,
Triall
of
the
plea
Not
guiltie
.
or
not
.
If
it
be
in
an
appeale
,
it
may
be
tried
by
Verdict
,
or
by
Battell
,
as
the
appellée
will
,
sauing
in
certaine
Cases
:
But
vpon
an
Indictment
there
is
no
triall
by
battell
,
nor
otherwise
,
sauing
onely
by
verdict
.
In
an
Indictment
of
treason
or
felonie
against
one
of
the
Péeres
of
the
Realme
,
the
triall
is
by
his
Péeres
,
which
manner
of
triall
in
an
appeale
is
not
allowable
.
The
arraignment
of
a
Peere
of
the
Realme
.
2
When
a
Péere
of
the
Realme
,
1.
H.
4.
1.
13.
H.
8.
13.
10
,
Ed.
4.
6.
and
Lord
of
the
parliament
is
to
be
arraigned
vpon
any
treason
,
or
felonie
whereof
he
is
indicted
,
and
whereunto
he
hath
pleaded
Not
guiltie
,
the
King
by
his
Letters
patents
shall
assigne
some
great
and
sage
Lord
of
the
parliament
to
be
high
Steward
of
England
for
the
day
of
his
arraignement
:
who
before
the
same
day
shall
make
a
precept
to
his
Serieant
at
Armes
,
that
is
appointed
to
serue
him
during
the
time
of
his
Commission
,
to
warne
to
appeare
before
him
eightéene
or
twentie
Lords
of
the
parliament
vpon
the
same
day
.
And
then
at
the
day
appointed
,
when
the
high
Steward
shall
be
set
vnder
the
cloth
of
Estate
,
vpon
the
arraignement
of
the
prisoner
,
and
hath
caused
his
Commission
to
be
read
,
the
same
Serieant
shall
returne
his
precept
,
and
thereupon
the
Lords
shall
be
called
,
and
when
they
haue
appeared
,
and
be
set
in
their
places
,
the
Constable
of
the
Tower
shall
be
called
to
bring
his
prisoner
into
the
Court
,
who
then
shall
bring
the
prisoner
to
the
Barre
.
And
then
the
high
Steward
shall
declare
vnto
the
prisoner
,
the
cause
why
the
King
hath
assembled
thither
those
Lords
and
him
,
and
perswade
him
to
answer
without
feare
.
And
then
hée
shall
cause
the
Clerke
of
the
Crowne
to
reade
his
Indictment
vnto
him
,
and
to
aske
him
if
hée
be
guiltie
,
or
not
;
whereunto
when
hée
hath
aunswered
Not
guiltie
,
the
Clerke
of
the
Crowne
shall
aske
him
how
he
will
be
tried
,
and
then
he
will
say
,
by
God
&
by
his
Péeres
.
And
then
the
K.
Serieants
and
Atturney
will
giue
Euidence
against
him
,
whereunto
when
the
prisoner
hath
made
answer
,
the
Constable
shall
be
commaunded
to
retire
the
prisoner
from
the
Barre
to
some
other
place
,
while
the
Lords
doe
secretly
conferre
together
in
the
Court
:
and
then
the
Lords
shall
rise
out
of
their
places
,
and
consult
among
themselues
,
and
what
they
affirme
,
shall
be
done
vpon
their
honours
,
without
any
othe
to
be
ministred
vnto
them
.
And
when
they
all
,
or
the
greatest
part
of
them
be
agréed
,
they
shall
returne
to
their
places
,
and
sit
downe
.
And
then
the
high
Steward
shall
aske
of
the
yongest
Lord
by
himselfe
,
if
he
that
is
arraigned
be
guilty
,
or
not
,
of
the
offence
whereof
he
is
arraigned
;
and
then
of
the
yongest
next
him
,
and
so
of
the
residue
,
one
by
one
,
vntill
he
hath
asked
them
all
:
and
euery
Lord
shall
answer
by
himselfe
.
And
then
the
high
Steward
shall
send
for
the
prisoner
againe
,
who
shall
be
led
to
the
Barre
;
to
whom
the
high
Steward
shal
reherse
the
verdict
of
the
Péeres
,
and
giue
iudgement
accordingly
.
But
if
an
Earle
the
sonne
and
heire
apparant
of
a
Duke
,
or
a
Lord
the
sonne
and
heire
apparant
of
a
Marques
,
or
Earle
,
38.
H.
8.
Br.
Treason
2
be
indicted
of
high
treason
,
he
shall
be
tried
by
Knights
and
Gentlemen
,
and
not
by
Péeres
:
for
he
is
not
an
Earle
by
Creation
,
but
by
Natiuitie
.
But
if
he
be
of
dignity
by
creation
,
and
a
Lord
of
the
Parliament
,
hee
shall
be
tried
by
his
Peeres
.
3
The
foresaid
manner
of
Triall
séemeth
to
be
appointed
by
the
Statute
of
Magna
Charta
,
St.
9.
H.
3.
29.
which
hath
ordained
,
That
no
frée
man
shall
be
taken
,
or
imprisoned
or
disseised
of
his
fréehold
,
liberties
,
or
frée
customes
,
nor
shall
be
outlawed
,
banished
,
or
by
any
meanes
brought
to
destruction
:
Neither
wée
will
passe
or
sit
in
iudgement
vpon
him
,
but
by
the
lawfull
iudgement
of
his
Péeres
,
or
by
the
lawe
of
the
Realme
:
We
will
not
sell
,
deny
,
or
deferre
iustice
or
right
to
any
.
It
appeareth
by
this
statute
of
Magna
Charta
,
By
whom
Péeres
appealed
shal
be
tried
.
that
a
Péere
of
the
Realme
shall
be
tried
by
his
Péeres
onely
,
in
case
where
he
is
indicted
at
the
Kings
suite
of
treason
,
or
felony
,
for
the
words
of
the
statute
be
(
we
will
not
passe
or
sit
in
iudgement
vpon
him
but
by
his
Péeres
:
10.
Ed.
4.
6
)
But
if
an
appeale
of
murder
or
other
felony
be
sued
by
any
common
person
against
a
Péere
of
the
Realme
,
he
shall
be
tried
by
common
persons
,
and
not
by
his
Péeres
.
And
because
there
was
no
mention
made
in
the
said
statute
of
Magna
Charta
,
how
women
,
Ladies
of
great
estate
,
because
of
their
husbands
Péeres
of
the
Realme
,
married
,
or
sole
,
viz.
Duchesses
,
Countesses
,
or
Baronesses
,
should
be
put
to
answer
,
nor
before
what
Iudges
they
should
be
iudged
vpon
indictments
of
treasons
or
felonies
by
them
committed
:
and
for
that
the
saide
statute
of
Magna
Charta
doth
onely
make
mention
of
a
man
:
Therefore
by
a
statute
made
Anno
20.
H.
6.
9.
St.
20.
H.
6.
9
it
was
enacted
,
By
whom
ladies
shal
be
tried
.
That
such
Ladies
of
great
estate
,
viz.
Duchesses
,
Countesses
,
and
Baronesses
,
which
shall
be
indicted
of
any
treason
,
or
felony
by
them
committed
,
whether
they
be
married
,
or
sole
,
shall
be
brought
to
their
answer
,
and
put
to
answer
,
and
iudged
before
such
Iudges
and
Péeres
of
the
realme
,
as
Péeres
of
the
realme
should
be
,
if
they
were
indicted
or
impeached
of
such
treasons
or
felonies
committed
.
4
None
of
the
foresaid
statutes
haue
béene
put
in
practise
to
extend
to
Bishops
,
Bishops
though
they
enioy
the
name
of
Lords
of
the
parliament
,
for
they
haue
that
name
of
Bishops
in
respect
of
their
office
,
or
function
,
and
not
in
respect
of
their
nobilitie
;
neither
haue
they
places
in
parliament
in
respect
of
their
nobilitie
,
but
in
regard
of
their
possessions
,
being
ancient
Baronies
annexed
to
their
dignities
.
If
a
Péere
of
the
Realme
be
indicted
of
treason
,
or
felonie
,
he
may
be
thereupon
arraigned
in
parliament
,
Arraignment
in
parliament
.
if
it
shall
please
the
King
:
10.
E.
4.
6
and
then
the
Lords
spirituall
shall
make
one
Procurator
for
them
,
for
that
by
the
Cannon
lawe
they
cannot
condemne
any
man
to
death
.
A
Bishop
was
arraigned
in
the
Kings
Bench
,
(
and
not
by
any
Lords
of
parliament
)
for
that
hée
came
to
the
parliament
by
summons
,
and
departed
without
licence
:
3.
E.
3.
19
and
because
this
was
an
offence
,
as
well
to
the
King
,
as
to
the
Péeres
;
and
the
King
may
comemnce
a
suite
where
he
please
for
a
trespas
done
to
him
,
therefore
this
was
accepted
a
lawfull
indictment
,
though
the
complaint
was
made
in
an
inferiour
Court
,
for
an
offence
done
in
an
higher
.
Trial
of
treason
committed
in
Ireland
.
5
If
an
Earle
,
19.
&
20.
El.
Dy.
fo.
360
or
a
Lord
of
Ireland
doth
commit
treason
in
Ireland
by
open
rebellion
,
he
cannot
be
arraigned
and
put
to
his
triall
therefore
in
England
:
for
he
can
neither
be
tried
by
his
Péeres
,
nor
by
any
Iurie
of
twelue
men
in
England
,
because
he
is
not
a
subiect
of
England
,
but
of
Ireland
;
and
therefore
his
triall
shall
be
in
Ireland
.
And
the
custome
there
is
to
attaint
a
Péere
by
parliament
,
and
not
by
his
Péeres
.
Misprision
.
6
This
order
of
triall
by
the
Péeres
is
likewise
to
be
obserued
,
where
one
of
the
Péeres
of
this
realme
is
indicted
but
of
misprision
of
treason
or
felonie
:
in
which
triall
the
same
forme
shall
be
kept
,
as
it
shall
be
,
where
any
Péere
is
indicted
of
treason
or
felonie
,
and
arraigned
thereupon
.
And
the
number
of
Péeres
which
shall
be
to
trie
a
Péere
indicted
of
treason
,
The
number
of
Péeres
at
the
Triall
.
felonie
,
or
misprision
,
shall
be
twelue
at
the
least
,
and
more
if
it
shall
please
the
King
.
Triall
by
Peeres
in
all
cases
of
treason
and
felony
7
In
euery
case
where
any
offence
or
fact
is
of
new
made
treason
by
any
Statute
,
the
Lords
of
the
Parliament
,
and
Péeres
of
the
Realme
offending
therein
,
shall
haue
their
triall
by
their
Péeres
,
though
the
Statute
doth
not
prouide
for
it
by
speciall
words
:
as
other
inferiour
persons
offending
in
the
like
crimes
,
shal
haue
their
triall
by
the
verdict
of
twelue
men
,
their
péeres
,
viz.
their
equals
;
so
that
the
words
which
be
commonly
put
into
new
Statutes
,
that
Péeres
of
the
Realme
offending
therein
,
shal
be
tried
by
their
Péeres
,
bée
not
of
necessity
inserted
.
But
because
the
course
of
the
common
law
is
in
some
sort
altered
by
the
statute
of
ann
33.
H.
8.
23.
St.
33.
H.
8
23.
authorizing
the
King
to
graunt
a
commission
vnto
such
persons
,
and
into
such
shires
as
he
will
,
for
the
triall
of
any
murder
committed
in
any
other
countie
or
place
of
the
Realme
whatsoeuer
:
And
also
by
the
Statute
of
35.
H.
8.
2.
St.
35.
H.
8.
2
giuing
the
King
like
power
to
direct
a
commission
into
any
countie
of
this
Realme
,
and
to
any
persons
that
he
will
,
for
the
triall
of
treasons
,
and
misprisions
of
treasons
,
committed
out
of
the
Realme
:
yet
for
that
the
triall
in
both
those
cases
might
be
made
by
such
persons
,
as
the
common
law
hath
appointed
,
viz.
of
péeres
by
their
péeres
,
it
is
so
prouided
and
ordained
by
the
special
words
of
both
those
statutes
.
❧
Triall
by
the
Countrie
.
TRiall
by
the
Countrie
,
Triall
by
the
Country
.
is
a
triall
by
twelue
common
persons
of
that
vicenage
or
neighborhoode
,
where
the
treason
or
felony
was
committed
:
which
kinde
of
triall
séemeth
also
to
be
warranted
and
approued
(
though
not
at
the
first
begunne
)
by
the
before
rehearsed
Statute
of
Magna
Charta
,
St.
9.
H.
3.
29
which
saith
:
Neither
shall
any
passe
or
sit
in
iudgement
vpon
him
,
but
by
the
lawfull
iudgement
of
his
Péeres
,
or
by
the
Law
of
the
realme
.
And
thereupon
it
is
accordingly
vsed
,
that
Knights
,
Esquiers
,
and
Gentlemen
of
great
estate
being
indited
of
treason
or
felony
,
be
tried
by
their
péeres
,
viz.
by
their
equalls
in
degrée
,
being
also
Knights
,
Esquiers
,
Gentlemen
,
or
Merchants
of
good
estate
:
1.
M.
Dy.
99
and
inferiour
persons
be
likewise
tried
by
their
péeres
or
equalls
,
viz.
by
men
of
their
owne
degrée
,
or
(
most
commonly
)
by
men
of
better
or
greater
estate
or
degrée
.
2
If
he
that
is
charged
to
be
an
offendour
in
petit
treason
,
murder
,
or
felonie
,
doe
pleade
to
an
Indictment
found
against
him
matter
triable
by
an
other
Countie
,
than
the
Countie
which
did
indict
him
,
although
by
the
common
lawe
he
ought
to
haue
béene
tried
in
that
forraine
countie
;
yet
now
by
the
Statute
of
Anno
22.
H.
8.
St.
22.
H.
8.
14.
32.
H.
8.
3
he
shall
be
tried
by
the
countie
which
did
indict
him
;
the
words
of
which
Statute
be
these
,
viz.
For
more
spéedie
trialles
of
murders
and
felonies
,
Be
it
enacted
,
&c.
That
all
manner
of
forraine
pleas
,
Triall
of
forraine
pleas
.
triable
by
the
Countrie
,
hereafter
to
be
pleaded
by
any
person
or
persons
arraigned
vpon
any
Indictment
for
any
petit
treason
,
murder
,
or
felonie
,
shal
be
forthwith
tried
before
the
same
Iustices
,
before
whom
such
persons
shall
be
arraigned
,
and
by
the
same
Iurors
of
the
same
countie
,
that
shall
trie
the
petit
treason
,
murder
,
or
felonie
,
whereof
he
shall
so
be
arraigned
,
without
any
further
respite
or
delay
in
whatsoeuer
countie
,
or
counties
,
place
or
places
of
this
Realme
,
the
matter
of
the
same
pleas
be
supposed
or
alleadged
.
This
statute
maketh
no
mention
of
high
treason
,
&
therfore
forrain
pleas
in
high
treason
remaine
to
be
tried
in
those
forren
counties
,
as
they
were
at
the
common
lawe
;
And
so
be
they
in
an
appeale
:
Appeale
.
for
this
statute
extendeth
to
Indictments
onely
.
But
if
A.
doe
strike
B.
vpon
the
Sea
,
and
there
giue
him
a
mortall
wound
,
whereof
B.
dieth
in
the
Countie
of
L.
in
this
case
A.
Coke
2.93
shall
be
discharged
of
the
death
of
B.
for
they
of
the
Countie
of
L.
cannot
inquire
of
the
death
without
inquirie
of
the
wound
,
A
man
stricken
vpon
the
Sea
dieth
vpon
the
Land
.
and
of
the
wound
they
cannot
inquire
,
because
it
was
giuen
vpon
the
Sea
,
and
not
in
any
Countie
or
place
in
this
Realme
.
And
they
of
the
Admiralles
Iurisdiction
can
not
inquire
as
of
a
felonie
of
the
wound
,
without
inquiring
of
the
death
,
and
of
the
death
they
can
not
inquire
,
because
it
was
within
the
body
of
a
Countie
,
where
by
the
statute
of
13.
R.
2.
&
15.
R.
2.
St.
13.
R.
2.
5
St.
15.
R.
2.
3.
they
are
forbidden
to
meddle
.
3
The
processe
which
shal
be
awarded
against
the
Iury
The
Processe
against
the
Iurie
.
to
trie
an
issue
in
an
appeale
,
is
commonly
a
Venire
facias
,
Habeas
corpora
,
and
Distringas
,
as
it
is
vsed
in
other
actions
,
sauing
in
the
Kings
Bench
,
27.
H.
6.
10
for
by
the
custome
of
that
Court
,
the
first
processe
against
the
Iurie
,
is
an
Habeas
corpora
,
and
after
a
Distresse
,
without
suing
a
Venire
facias
.
And
some
say
,
that
in
the
K.
Bench
they
vse
to
haue
no
Habeas
corpora
at
the
first
day
,
but
a
Venire
facias
,
and
then
a
Distresse
,
leauing
out
the
Habeas
corpora
.
The
processe
which
is
to
be
awarded
against
the
Iury
,
Processe
in
an
Appeale
,
not
in
an
In
-
is
for
the
most
part
intended
in
an
appeale
:
for
in
an
Indictment
though
they
may
graunt
processe
against
the
Iury
,
yet
it
is
not
vsed
by
the
Iustices
of
Gaole
deliuerie
,
Fit
.
Enquest
55
because
they
doe
take
the
pannell
,
which
is
returned
by
the
Shirife
,
without
making
any
precept
vnto
him
,
for
that
they
giue
a
generall
commandement
to
the
Shirife
before
their
comming
,
to
cause
the
Countrie
to
appeare
before
them
.
But
so
do
not
Iustices
of
Oyer
and
Terminer
.
Nisi
prius
for
the
defendant
in
appeale
.
4
Although
by
the
common
Lawe
a
Nisi
prius
is
grantable
for
the
king
,
but
not
grantable
against
the
king
,
where
he
is
partie
to
the
suite
,
or
where
the
matter
in
question
doth
touch
the
kings
right
,
or
where
he
is
party
thereunto
(
but
by
aide
praier
,
)
vnlesse
his
Atturney
will
assent
thereunto
:
yet
in
an
appeale
of
felonie
,
when
the
appellant
and
appellee
be
at
issue
,
the
Defendant
may
haue
a
Nisi
prius
to
pursue
the
same
issue
,
21.
H.
7.
34
if
there
be
any
default
in
the
Plaintife
,
that
he
doth
not
pursue
it
with
effect
,
though
the
K.
be
in
a
sort
party
to
that
suite
:
for
otherwise
the
appellée
should
continually
remaine
in
prison
to
his
vtter
vndoing
,
and
neuer
haue
remedy
.
Neither
the
Defendant
in
an
appeale
shall
not
haue
a
Venire
facias
with
a
prouiso
,
14.
H.
7.
7.
15
H.
7.
9
21.
H.
6.
36
vntill
hée
hath
assigned
some
default
in
the
Plaintife
in
the
pursute
of
it
.
And
yet
the
Plaintife
may
at
his
pleasure
stay
the
Defendant
in
procéeding
further
with
his
processe
,
in
praying
a
Tales
vpon
the
Defendants
processe
.
Remaunding
of
prisoners
out
of
the
K.
Bench
to
be
tried
in
the
Countrie
5
Because
diuers
felons
and
murderers
vpon
vntrue
surmises
did
oftentimes
remooue
as
well
their
bodies
,
as
their
Indictments
,
by
Writte
,
and
otherwise
,
before
the
King
in
his
Bench
,
and
could
not
by
the
order
of
the
Lawe
be
remaunded
,
and
sent
downe
to
the
Iustices
of
Gaole
deliuerie
,
or
of
the
peace
,
nor
other
Iustices
or
Commissioners
to
proceede
vpon
them
,
after
the
due
course
of
the
common
lawe
(
for
that
a
Record
which
is
once
remoued
into
an
higher
Court
,
can
not
by
the
common
Lawe
be
sent
backe
to
a
more
base
and
inferiour
Court
:
)
For
the
redresse
whereof
by
a
statute
made
Ann
6.
H.
8.
it
was
ordained
,
St.
6.
H.
8.
6
That
the
Iustices
of
the
K.
Bench
(
for
the
time
being
)
haue
authoritie
by
their
discretions
,
to
remaund
and
send
downe
as
well
the
bodies
of
all
felons
,
and
murderers
,
brought
and
remoued
,
or
that
shall
be
remoued
or
brought
before
the
king
in
his
Bench
,
as
their
indictments
,
into
the
counties
whereas
the
same
murders
or
felonies
haue
béen
committed
or
done
,
and
to
commaund
all
Iustices
of
Gaole
deliuery
,
Iustices
of
Peace
,
and
other
Iustices
and
Commissioners
,
and
euery
of
them
,
to
procéed
and
determine
vpon
all
the
foresaid
bodies
and
indictments
so
remoued
,
after
the
course
of
the
common
law
,
in
such
maner
as
the
same
Iustices
of
gaole
deliuerie
,
Iustices
of
peace
,
and
other
Commissioners
,
or
any
of
them
,
might
or
should
haue
done
,
if
the
said
prisoners
or
indictments
had
neuer
bin
brought
into
the
said
K.
bench
.
St.
4.
Iac.
1.
6
By
a
stat.
made
Anno
4.
Iac.
it
was
enacted
,
Triall
of
felonies
committed
by
English
men
in
Scotland
.
That
all
offences
of
coniurations
,
witchcraft
,
&
dealing
with
euill
and
wicked
spirits
,
murder
,
manslaughter
,
felonious
burning
of
houses
and
corne
,
burglary
,
robbing
of
houses
by
day
,
robberie
,
theft
,
the
detestable
vice
of
buggerie
committed
with
mankind
,
or
beast
,
and
rape
,
heretofore
done
and
committed
since
his
Maiesties
comming
to
the
crown
of
England
,
or
hereafter
to
be
done
or
committed
by
any
his
Maiesties
naturall
borne
subiects
of
this
realme
of
England
,
or
the
dominions
of
the
same
,
within
the
realme
of
Scotland
,
or
the
dominions
thereof
,
and
the
accessories
of
,
and
to
the
same
,
shal
be
from
henceforth
inquired
of
,
heard
,
and
determined
before
his
Maiesties
Iust.
of
Assise
,
or
his
Commissioners
of
Oyer
and
Terminer
,
or
Gaole
deliuery
,
being
naturall
borne
subiects
within
this
realme
of
England
,
and
none
other
,
by
good
and
lawfull
men
of
the
Counties
of
Cumberland
,
Northumberland
,
Westmerland
,
or
any
of
the
said
counties
,
at
the
election
of
the
said
Iust.
of
Assises
,
or
Commissioners
,
in
like
maner
and
forme
to
all
intents
and
purposes
(
the
alterations
hereafter
in
this
Act
expressed
,
only
excepted
)
as
if
such
offences
had
béene
done
and
committed
within
the
same
Shire
where
they
shal
be
so
inquired
of
,
heard
,
and
determined
,
as
is
aforesaid
.
At
which
trials
,
for
the
better
discouerie
of
the
truth
,
Witnesses
allowed
to
him
that
is
arraigned
.
and
for
the
better
information
of
the
consciences
of
the
Iurie
and
Iustices
,
there
shall
bée
allowed
vnto
the
party
so
arraigned
,
the
benefit
of
such
witnesses
only
to
be
examined
vpon
othe
,
that
can
be
produced
,
for
his
better
cléering
and
iustification
,
as
hereafter
in
this
Act
are
permitted
and
allowed
.
St.
4.
Iac.
1.
7
Euery
Iustice
of
peace
of
the
counties
aforesaid
,
The
prosecutors
and
witnesses
bound
to
giue
euidence
.
vnto
whom
complaint
shal
be
made
,
shall
haue
full
power
and
authoritie
by
vertue
of
this
Act
,
to
bind
ouer
by
recognisance
in
a
conuenient
summe
taken
to
his
Maiesties
vse
,
as
well
the
partie
prosecuting
,
as
any
witnesses
which
he
shall
desire
to
produce
(
so
as
the
said
witnesses
may
haue
their
reasonable
charges
first
tendred
vnto
them
)
to
prosecute
and
giue
in
euidence
before
such
his
Maiesties
Iustices
as
aforesaid
,
as
the
case
shall
require
.
St.
4.
Iac.
1.
8
Euery
commander
,
procurer
,
counsellor
,
abettor
,
comforter
,
receiuer
,
The
accessory
tryed
,
though
the
principall
be
not
.
or
other
accessorie
of
,
or
to
any
the
offendors
or
offences
aforesaid
,
so
committed
in
Scotland
,
as
aforesaid
,
offending
within
the
realms
of
England
or
Scotland
,
shal
be
produced
,
withall
indicted
,
tried
,
iudged
,
and
executed
without
delay
,
notwithstanding
the
principals
,
or
any
of
them
be
not
conuicted
or
attainted
.
And
that
no
such
offendor
either
accessorie
or
principall
shall
be
allowed
the
benefit
of
his
clergy
,
No
clergie
.
No
peremptorie
challenge
aboue
v.
The
words
of
the
Indictment
.
nor
admitted
to
his
peremptory
chalenge
of
aboue
the
number
of
fiue
.
And
that
euery
indictment
of
any
of
the
offences
aforesaid
,
so
committed
as
aforesaid
,
shal
be
adiudged
of
as
good
force
in
law
,
notwithstanding
the
words
(
contra
pacem
,
coronam
,
&
dignitatem
nostras
)
be
omitted
,
as
if
the
said
words
had
béen
therein
contained
.
Euery
Iuror
must
haue
v.
l.
of
fréehold
.
9
No
Sherife
,
Vndersherife
,
or
other
Minister
,
to
whom
it
appertaineth
,
St.
4.
Iac.
1.
shall
returne
any
Iuror
to
enquire
of
,
or
try
any
of
the
offences
aforesaid
,
so
committed
as
aforesaid
,
except
euery
such
Iuror
shall
haue
fréehold
in
possession
,
to
the
value
of
v.
l.
by
the
yeare
in
the
county
where
such
inquirie
and
triall
shall
be
,
vpon
pain
to
forf.
for
euery
Iuror
that
shal
be
returned
contrary
to
this
Act
,
the
summe
of
xl
.
l.
to
the
K.
and
I.
to
be
recouered
by
A.
of
debt
,
B.
P.
or
I.
in
any
of
the
K.
courts
at
West
.
wherein
no
E.P.
or
W.
&c.
And
the
offendor
shall
or
may
challenge
any
Iuror
that
shall
passe
vpon
his
life
,
for
want
of
such
fréehold
,
as
aforesaid
.
The
offendor
shall
forf.
no
lands
.
10
No
naturall
subiect
of
his
Maiestie
,
of
the
realme
of
England
,
St.
4.
Iac.
1.
or
of
the
dominions
of
the
same
,
shall
for
any
the
offences
aforesaid
,
committed
within
the
realme
of
Scotland
,
or
for
being
accessory
to
the
same
,
forfeit
any
lands
,
tenements
,
or
hereditaments
,
either
frée
,
copie
,
or
customary
hold
,
neither
shall
the
blood
of
such
offendor
be
corrupted
,
nor
the
wife
lose
her
dower
,
yet
neuerthelesse
the
said
offendors
shall
forf.
to
his
Ma.
his
heires
,
and
successors
,
their
goods
,
chattels
,
and
credits
whatsoeuer
.
A
like
Act
made
in
Scotland
.
11
And
forasmuch
as
it
is
intended
,
St.
4.
Iac.
1.
that
an
Act
like
vnto
this
shal
be
ordained
in
the
realme
of
Scotland
,
for
the
tryall
and
punishment
of
offendors
,
being
his
Ma.
natural
born
subiects
of
the
same
realm
,
which
shal
commit
any
of
the
offences
aforesaid
within
the
realme
of
England
,
or
the
dominions
therof
,
and
shall
after
escape
,
or
returne
backe
into
Scotland
:
therefore
be
it
enacted
,
that
vpon
complaint
made
by
any
of
his
Ma.
subiects
of
the
realm
of
England
to
any
of
the
Iust.
of
Assise
,
Commissioners
of
Oyer
and
Terminer
,
or
gaole
deliuerie
,
or
Iust.
of
the
peace
within
the
precincts
of
their
seueral
commissions
respectiuely
,
being
naturall
borne
subiects
within
the
realme
of
England
,
concerning
any
such
offences
committed
by
any
his
subiects
of
the
realme
of
Scotland
,
within
the
realme
of
England
,
in
case
where
the
offendor
is
returned
into
the
realm
of
Scotland
,
as
aforesaid
,
the
said
Iust.
or
commissioner
,
shal
haue
full
power
and
authoritie
,
Binding
the
complainant
or
witnesses
to
giue
euidence
in
Scotland
.
to
bind
ouer
as
well
the
said
party
complaining
,
or
prosecuting
,
as
any
witnesses
that
he
shall
desire
to
produce
(
so
as
their
reasonable
charges
be
first
tendred
vnto
them
)
by
recognisance
in
a
conuenient
sum
to
his
Maiesties
vse
,
to
prosecute
and
giue
in
euidence
within
the
realme
of
Scotland
:
wherein
if
default
shal
be
made
,
and
the
same
proued
by
certificat
,
or
otherwise
,
before
the
Lord
Treasorer
,
Chauncellor
,
and
Barons
of
the
Exchequer
,
or
any
of
them
in
the
Exchequer
chamber
,
and
a
decrée
there
made
,
that
the
same
recognisance
shall
stand
forfeited
:
then
the
court
of
Exchequer
shall
thereupon
procéed
for
the
leuying
of
the
debt
of
the
said
recognisance
,
as
if
it
were
adiudged
forfeited
by
the
course
of
the
common
law
.
St.
4.
Iac.
1.
12
On
the
other
part
,
Scottish
men
repairing
into
England
to
giue
euidence
,
shal
be
frée
from
arresting
.
euery
of
his
Maiesties
subiects
of
the
realme
of
Scotland
,
either
party
grieued
,
or
witnesse
,
which
shall
prosecute
in
any
the
cases
aforesaid
,
within
the
realme
of
England
,
and
therby
shall
haue
occasion
to
make
his
repaire
hither
,
either
voluntarie
,
or
by
the
like
bond
(
as
is
before
expressed
on
the
part
of
the
realme
of
England
)
shall
haue
and
enioy
priuiledge
and
immunitie
from
all
maner
of
arrests
,
concerning
all
offences
,
or
other
causes
,
as
well
capitall
as
others
,
committed
,
done
,
or
occasioned
,
before
he
shall
come
into
England
as
aforesaid
(
except
treason
or
wilfull
murder
)
so
long
as
he
or
they
shal
be
necessarily
going
,
comming
,
or
abiding
within
the
said
realme
of
England
,
for
the
prosecution
of
the
sayd
offendors
.
St.
4.
Iac.
1.
13
Prouided
neuerthelesse
,
The
offence
shal
be
laid
where
it
is
done
.
that
euery
such
offence
so
committed
as
aforesaid
,
shal
be
laid
and
alledged
in
the
indictment
or
other
declaration
,
to
be
done
and
committed
in
the
realm
of
Scotland
,
according
to
the
truth
of
the
fact
,
and
not
in
the
counties
where
the
trial
is
limited
,
to
be
had
and
made
as
aforesaid
:
any
thing
in
this
Act
formerly
contained
to
the
contrarie
notwithstanding
.
St.
4.
Iac.
1.
14
Prouided
,
He
that
is
once
tried
,
shall
not
be
eftsoones
called
into
question
.
that
if
any
of
his
Maiesties
subiects
of
the
realme
of
Scotland
,
shall
bee
proceeded
with
,
and
tryed
in
the
Realme
of
Scotland
,
vpon
the
prosecution
of
any
party
grieued
,
and
vpon
euidence
in
open
court
,
for
any
offence
done
or
committed
within
the
Realme
of
England
,
that
no
such
person
shal
be
eftsoons
called
into
question
,
or
procéeded
with
for
the
same
fact
within
the
realme
of
England
,
but
that
it
shal
be
lawfull
for
euery
such
persons
,
to
plead
and
alledge
for
himselfe
,
vpon
his
arraignment
,
that
he
was
formerly
lawfully
acquited
,
conuicted
or
attainted
of
the
same
offence
within
the
realme
of
Scotland
,
and
that
thereupon
all
further
procéeding
shal
stay
,
vntill
the
Court
haue
sufficiently
informed
themselues
by
certificat
from
the
realme
of
Scotland
,
or
by
any
other
good
wayes
,
and
meanes
of
the
truth
of
the
said
allegations
,
which
if
they
shall
find
true
,
the
said
person
shal
be
forthwith
discharged
of
all
further
impeachment
or
procéeding
.
St.
4.
Iac.
1.
15
No
naturall
borne
subiect
of
the
Realme
of
England
,
None
shal
be
sent
out
of
England
to
receiue
his
triall
.
or
the
Dominions
of
the
same
,
shall
for
any
High
Treason
,
Misprision
,
or
concealement
of
High
treason
,
Petit
treason
,
or
any
other
whatsoeuer
offence
or
cause
committed
within
Scotland
,
be
sent
out
of
England
,
where
he
is
apprehended
,
to
receiue
his
triall
,
vntill
such
time
as
both
Realmes
shall
be
made
one
in
lawes
and
gouernment
.
St.
4.
Iac.
1.
16
At
all
such
tryals
the
Iurors
then
and
there
sworne
,
The
Iurors
shall
allow
of
,
or
reiect
the
witnesses
.
or
the
greater
part
of
them
(
who
in
respect
of
the
great
trust
and
charge
which
must
now
be
layd
vpon
them
,
are
by
vertue
of
this
Act
,
as
before
appeareth
,
to
be
persons
of
better
conditions
and
qualitie
,
than
the
law
required
heretofore
for
Iurors
in
tryal
of
like
offences
)
shall
haue
in
their
power
and
election
according
to
their
consciences
and
discretion
vpon
their
othes
,
to
receiue
and
admit
onely
such
sufficient
,
good
,
and
lawfull
witnesses
vpon
their
othes
,
either
for
,
or
against
the
partie
arraigned
,
as
shall
not
appeare
to
them
,
or
the
greater
part
of
them
,
to
be
vnfit
and
vnworthy
to
bée
witnesses
in
that
case
,
either
in
regard
of
their
hatred
and
malice
,
or
their
fauour
and
affection
,
either
to
the
party
prosecuting
,
or
to
the
partie
arraigned
,
or
of
their
former
euill
life
and
conuersation
.
Triall
by
Péeres
.
17
Prouided
,
that
if
the
offendor
in
any
the
cases
aforesaid
,
St.
4.
Iac.
1.
shall
be
a
Péere
of
the
Realme
,
then
his
tryall
therein
shal
be
by
his
Péeres
,
as
is
vsed
in
case
of
Felony
or
Treason
,
and
not
otherwise
.
1
Triall
of
him
which
woundeth
a
man
in
one
county
,
whereof
he
dyeth
in
another
.
S.
Principall
&c.
16.
2
Triall
of
a
felonie
committed
in
one
countie
,
and
accessorie
thereunto
in
another
.
S.
Principall
&c.
17.
18.
3
Triall
of
Treason
,
Misprision
of
Treason
,
and
Murders
,
where
the
King
will
.
S.
Indictments
10.
4
Indictments
and
trials
of
Treasons
committed
out
of
the
Realme
.
S.
Indictments
11.
❧
Challenge
.
1
WHen
the
prisoner
standing
at
the
barre
hath
pleaded
not
guiltie
,
and
that
the
same
issue
is
to
bée
tryed
betwéene
the
King
and
him
,
or
the
appellant
and
him
,
the
law
doth
allow
him
to
challenge
,
viz.
calumniari
,
to
take
exception
vnto
,
or
to
desire
to
haue
remoued
,
or
put
out
of
his
Iurie
certaine
persons
:
And
hée
may
therein
haue
more
fauour
than
either
of
the
parties
to
a
suit
shall
haue
in
other
tryals
betwéene
partie
and
partie
:
For
being
arraigned
of
felonie
,
he
may
haue
a
peremptory
challenge
Peremptorie
Challenge
.
in
fauour
of
life
,
which
is
to
say
,
challenge
without
shewing
cause
.
And
though
he
can
shew
no
cause
to
challenge
him
that
he
doth
challenge
,
yet
if
his
phantasie
or
affection
doth
not
stand
vnto
him
,
by
this
peremptorie
challenge
he
may
cause
him
to
bee
remoued
and
put
from
the
Iurie
.
And
by
the
common
law
this
peremptorie
challenge
was
permitted
to
the
number
of
35.
persons
,
viz.
to
so
many
as
would
make
vp
full
thrée
Iuries
(
sauing
one
man
)
But
sithence
by
a
Statute
made
Anno
22.
H.
8.
St.
22.
H.
8.
14.
Anno
32.
H.
8.
3.
it
is
enacted
,
That
no
person
arraigned
for
any
petit
Treason
,
Murder
,
or
Felonie
,
shall
be
from
henceforth
admitted
to
any
peremptorie
challenge
aboue
the
number
of
twentie
.
And
so
by
this
statute
,
the
number
is
abridged
in
three
special
cases
,
viz.
in
Petit
treason
,
Murder
,
and
Felonie
:
And
so
for
High
treason
peremptorie
challenge
did
remaine
as
it
was
at
the
common
law
,
vntill
it
was
wholly
taken
away
by
the
Statute
of
Anno
33.
H.
8.
St.
33.
H.
8.
23.
which
did
ordaine
,
That
peremptorie
challenge
should
not
thenceforth
be
admitted
or
allowed
in
cases
of
High
treason
,
or
Misprision
of
treason
:
And
yet
after
that
,
challenge
was
againe
reuiued
in
cases
of
High
treason
,
by
a
statute
made
Anno
1.
&
2.
P.
&
M.
St.
1.
&
2.
P.
&
M.
10.
whereby
it
was
enacted
,
That
all
tryals
hereafter
to
bée
had
,
awarded
,
or
made
for
any
Treason
,
shall
bee
had
and
vsed
onely
,
according
to
the
due
order
and
course
of
the
common
Lawes
of
this
Realme
,
and
not
otherwise
.
And
then
if
all
tryals
in
Treasons
shall
bée
according
to
the
common
Law
,
peremptorie
challenge
shall
be
allowed
vpon
trial
,
according
to
the
course
of
the
common
law
,
as
well
in
Petit
treason
,
as
in
High
treason
.
A
man
being
arraigned
of
High
treason
,
32.
H.
6.
20
14.
H.
7.
19
and
pleading
not
guiltie
,
certaine
of
the
Iurors
were
sworne
and
tried
,
the
residue
being
drawne
forth
by
challenge
,
and
the
Enquest
remaining
for
default
of
Iurors
,
at
another
day
the
defendant
did
peremptorily
challenge
some
of
those
that
were
first
sworne
,
and
the
challenge
was
allowed
in
fauour
of
life
.
2.
R.
3.
13.
And
in
an
Appeale
of
Robberie
the
defendant
challenged
a
Iuror
for
a
cause
which
was
tryed
against
him
,
and
then
the
Iurie
remained
for
default
of
Iurors
,
and
at
another
day
hee
challenged
the
same
Iuror
peremptorily
,
and
he
was
allowed
so
to
do
.
This
peremptorie
challenge
is
not
to
be
taken
,
but
where
the
life
of
the
prisoner
is
in
ieopardie
by
the
tryall
.
And
therefore
if
a
man
be
outlawed
of
treason
or
felonie
,
and
brought
to
the
barre
,
and
there
doth
plead
misnaming
,
or
some
other
plea
in
auoidance
of
the
sayd
outlawrie
:
in
that
case
he
shal
not
haue
his
peremptorie
challenge
,
for
that
neither
treason
nor
felonie
is
to
be
tryed
by
this
issue
,
because
they
were
at
an
end
before
by
the
outlawrie
.
Seuerance
in
challenge
.
If
two
,
thrée
,
foure
,
or
more
persons
,
be
indicted
or
appealed
,
and
arraigned
of
one
offence
,
9.
Ed.
4.
27.
Pl.
Com.
100.
and
one
enquest
is
charged
to
trye
them
al
,
if
one
of
those
persons
arraigned
do
challenge
peremptorily
any
of
those
Iurors
,
he
shal
be
drawne
,
and
put
out
for
them
all
,
though
one
or
some
other
doe
desire
that
he
may
be
sworne
:
for
though
they
be
all
arraigned
together
,
yet
in
the
iudgement
of
law
it
is
seuerall
arraignments
,
for
that
their
offences
be
seuerall
,
and
not
one
,
though
they
be
indicted
of
one
offence
,
and
so
euerie
of
the
prisoners
shall
haue
his
challenge
,
so
that
he
do
not
challenge
peremptorily
aboue
the
number
of
twentie
persons
.
But
if
the
Court
will
,
it
may
diuide
the
panell
,
and
also
the
Tales
,
and
make
them
seuerall
for
euerie
of
the
prisoners
,
and
then
euery
prisoners
challenge
shal
be
by
it selfe
,
and
auaile
himselfe
onely
that
maketh
it
.
2
Besides
the
foresaid
peremptorie
challenge
,
which
is
grounded
vpon
opinion
or
phantasie
,
without
cause
,
there
is
another
kinde
of
challenge
,
which
is
called
Challenge
vpon
cause
,
Challenge
vpon
cause
.
and
is
not
allowable
but
vpon
reasonable
and
good
cause
,
ordained
by
the
common
lawes
or
statutes
of
this
Realme
:
Whereof
one
challenge
which
was
at
the
common
law
,
and
is
also
confirmed
by
statute
,
is
a
challenge
of
the
indictors
:
for
as
Britton
Britton
.
saith
,
when
the
defendant
doth
submit
himselfe
to
be
tryed
by
the
countrey
,
and
the
Iurors
doe
appeare
at
the
barre
,
they
may
be
challenged
,
and
the
prisoner
may
say
,
27.
As
.
p.
13.
This
man
ought
not
to
bée
of
my
Iurie
,
for
he
did
indict
me
,
and
I
doe
presume
of
him
,
and
of
all
my
indictors
,
Indictor
.
that
they
doe
carrie
the
same
affection
towards
me
now
,
which
they
did
when
they
indicted
me
:
and
this
exception
is
to
be
alowed
in
case
of
death
.
And
the
same
law
is
confirmed
,
and
in
a
sort
augmented
by
the
statute
de
proditionibus
,
made
Anno
25.
Ed.
3.
St.
25.
E.
3.
3
by
the
which
it
was
accorded
,
That
no
indictor
shall
bée
put
in
Enquests
vpon
the
deliuerance
of
the
indictées
,
of
Trespasse
,
or
of
Felonies
,
if
hée
be
challenged
for
that
cause
by
him
that
is
indicted
.
And
as
it
may
appeare
,
this
Statute
is
but
a
confirmation
of
the
common
law
in
this
point
,
and
so
to
be
taken
fauourably
,
8.
H.
4.
3.
7.
E.
4
4
and
by
that
meanes
it
may
be
extended
as
well
to
Treasons
as
to
Felonies
.
And
also
it
may
be
construed
,
as
well
where
the
prisoner
is
indicted
&
arraigned
vpon
an
Appeale
,
as
where
hée
is
indicted
and
arraigned
vpon
the
indictment
,
though
the
same
be
not
contained
within
the
expresse
words
of
the
sayd
statute
.
Challenge
for
want
of
medietatem
linguae
.
3
There
is
another
challenge
vpon
cause
,
which
is
to
the
Array
,
and
that
is
,
when
an
Alien
is
arraigned
of
Felonie
,
and
pleadeth
to
an
Issue
,
and
the
Enquest
is
returned
all
of
English
men
,
this
is
a
cause
of
challenge
,
by
force
of
the
Statute
of
Anno
28.
Edw.
3.
St.
28.
E.
3.
13
which
did
ordaine
,
That
in
all
manner
of
Enquests
and
proofes
which
be
to
be
taken
or
made
amongst
aliens
and
Denizens
,
be
they
Marchants
,
or
others
,
as
well
before
the
Mayor
of
the
Staple
,
as
before
any
other
Iustices
or
Ministers
,
although
the
king
be
party
,
the
one
halfe
of
the
Enquest
or
proofe
shall
be
by
Denizens
,
and
the
other
halfe
of
Aliens
,
if
so
many
Aliens
be
in
the
Towne
or
place
where
such
Enquest
or
proofe
is
to
be
taken
,
that
be
not
parties
,
nor
with
the
parties
in
contracts
,
pleas
,
or
other
quarrels
,
whereof
such
enquests
or
proofes
ought
to
bée
taken
.
And
if
there
be
not
so
many
aliens
,
then
shall
there
be
put
in
such
enquests
or
proofes
as
many
aliens
as
shall
be
found
in
the
said
Townes
or
places
,
which
be
not
thereto
parties
,
as
afore
is
said
,
and
the
remnant
of
denizens
,
which
be
good
men
,
and
not
suspitious
to
the
one
party
,
or
to
the
other
.
At
the
common
Law
,
before
this
statute
,
and
the
statute
of
27.
Ed.
3.
St.
27.
E.
3.
8
this
Triall
per
medietatem
linguae
might
haue
béene
obtained
by
the
Kings
graunt
:
as
,
if
the
King
had
graunted
to
a
company
of
aliens
,
M.
22.
Ed.
3.
14
viz.
of
Almaines
,
Frenchmen
,
&c.
that
when
any
of
them
was
impleaded
,
the
one
halfe
of
the
Enquest
should
haue
béene
of
their
owne
language
:
and
after
,
to
make
that
a
generall
Law
,
the
statute
of
27.
Edw.
3.
was
made
.
But
séeing
that
statute
did
not
remedie
the
mischiefe
,
where
the
King
was
party
,
the
before
rehearsed
statute
of
28.
Edw.
3.
was
prouided
,
which
maketh
mention
generally
of
aliens
:
therefore
it
is
not
materiall
of
what
Nation
those
aliens
are
,
which
shall
be
of
the
Enquest
,
so
that
they
be
aliens
,
though
they
be
of
another
Nation
then
the
party
to
the
suit
is
.
And
because
this
Statute
was
ordained
for
the
benefit
of
aliens
,
and
of
none
but
of
aliens
,
and
for
that
there
were
in
this
Realme
of
long
time
assembled
some
strangers
together
,
with
many
English
vagrant
Rogues
and
Vagabonds
,
calling
themselues
Egyptians
,
which
by
their
counterfeit
spéeches
,
apparell
,
and
behauiour
,
could
hardly
be
discerned
one
from
the
other
:
Therefore
by
a
Statute
made
Anno
22.
H.
8.
St.
22.
H.
8.
10.
it
is
enacted
,
That
if
it
happen
any
outlandish
person
,
calling
himselfe
an
Egyptian
,
Egyptians
or
any
such
stranger
,
to
commit
within
this
Realme
any
Murther
,
Robbery
,
or
Felony
,
and
thereof
to
be
indicted
and
arraigned
,
and
to
plead
not
guilty
,
or
any
other
plea
triable
by
the
Countrey
,
then
the
Enquest
that
shall
passe
betwéene
the
King
and
such
party
,
shall
be
altogether
Englishmen
.
And
by
another
Statute
made
Anno
1.
&
2.
Ph.
&
Ma.
St.
1.
&
2.
P.
&
M.
4.
it
was
ordained
,
That
if
any
of
the
said
persons
,
called
Egyptians
,
which
shall
bée
transported
or
conueyed
into
this
Realme
of
England
,
or
Wales
,
doe
continue
within
the
same
by
the
space
of
one
moneth
,
that
then
hee
or
they
so
offending
,
shall
by
vertue
of
this
act
bée
adiudged
a
Felon
and
Felons
,
and
shall
suffer
death
,
losse
of
lands
and
goods
,
as
in
cases
of
Felony
,
and
shall
vpon
the
triall
of
him
or
any
of
them
be
tried
by
the
County
,
and
the
inhabitants
of
the
County
or
place
where
he
or
they
shall
be
apprehended
or
taken
,
and
not
per
medietatem
linguae
,
and
shall
loose
the
benefit
of
Clergy
and
Sanctuary
.
And
whereas
the
words
of
the
foresaid
Statute
of
28.
Edw.
3.
be
,
That
in
all
manner
of
Enquests
and
proofes
which
are
to
bee
taken
&c.
those
words
are
not
to
be
construed
of
an
Indictment
,
for
that
may
be
taken
all
of
Denizens
,
though
it
doe
concerne
an
Alien
:
But
the
Statute
is
to
be
intended
of
such
Enquests
,
where
the
party
is
admitted
to
his
challenge
,
and
so
he
is
not
vpon
an
Indictment
:
for
the
party
which
is
an
alien
may
vpon
his
arraignement
haue
the
said
challenge
in
the
array
,
21.
H.
7.
32.
to
shew
that
in
the
pannel
there
is
not
medietas
linguae
,
according
to
the
statute
,
for
he
hath
none
other
remedie
being
defendant
.
But
if
hée
were
plaintife
it
should
bée
otherwise
:
for
then
before
the
Venire
facias
awarded
,
hée
must
suggest
,
that
he
is
an
Alien
,
and
pray
Proces
to
summon
the
Iurie
De
medietate
linguae
,
according
to
the
Statute
:
and
further
,
hée
must
surmise
in
what
parts
beyond
the
seas
hée
was
borne
,
Lib.
Int.
to
the
intent
that
men
of
the
same
countrey
may
bée
of
his
Enquest
,
if
they
may
bée
had
:
and
if
they
will
not
signifie
that
before
the
Venire
facias
awarded
,
hée
shall
not
suggest
it
after
:
neither
shall
he
challenge
the
Array
,
or
Polles
for
that
cause
,
séeing
it
was
his
folly
,
M.
22.
E.
3.
20.
that
hée
tooke
not
the
benefit
of
the
Statute
in
due
time
,
and
specially
when
hée
knew
himselfe
to
bée
an
Alien
.
And
whereas
the
words
of
the
foresayd
Statute
of
28.
Edw.
3.
bée
(
That
are
not
parties
,
nor
with
the
parties
in
contracts
,
pleas
,
or
other
quarrels
,
whereof
such
Enquests
or
proofes
ought
to
bée
taken
)
By
these
words
it
doth
appeare
,
that
the
makers
of
this
Statute
would
,
that
the
parties
should
haue
their
Challenges
to
the
Polles
in
those
sayd
cases
.
And
therefore
,
though
they
haue
not
expressed
but
certaine
cases
,
which
induce
hatred
,
or
malice
,
yet
by
the
mentioning
of
them
,
it
séemeth
,
that
they
intended
to
allow
all
Challenges
,
which
doe
induce
fauour
,
or
otherwise
.
And
the
foresaid
Statutes
of
27.
Edw.
3.
&
28.
Edw.
3.
doe
onely
extend
,
where
there
is
but
one
onely
of
the
parties
to
the
suit
an
alien
:
for
if
they
be
both
aliens
,
the
Enquest
shall
be
all
of
Englishmen
,
and
not
de
medietate
linguae
,
vnlesse
the
plea
be
depending
before
the
Mayor
of
the
Staple
,
21.
H.
6.
4.
and
both
the
parties
be
Marchants
of
the
Staple
,
or
officers
of
the
Staple
,
in
which
case
then
by
the
Statute
of
27.
Edw.
3.
8.
the
Enquest
shall
be
all
of
aliens
.
If
an
alien
be
indicted
of
high
Treason
,
Treason
.
P.
3.
&
4.
P.
M.
●●
y.
f.
144
St.
1.
&
2.
P.
&
M.
●0
.
Dyerf
.
304
,
he
shall
not
haue
his
triall
per
medietatem
linguae
,
but
the
triall
shall
be
according
to
the
due
order
&
course
of
the
common
Lawes
of
this
Realme
.
And
if
a
Scot
be
indicted
of
Felony
,
he
shall
not
haue
his
triall
per
medietatem
linguae
,
A
Scot.
for
that
a
Scot
was
neuer
accounted
an
Alien
,
but
rather
a
Subiect
.
Challenge
for
want
of
sufficient
fréehold
.
4
There
is
another
Challenge
vpon
cause
,
viz.
for
want
of
sufficient
Fréehold
,
which
is
a
Challenge
of
the
Polles
,
and
this
Challenge
was
giuen
by
the
Statute
of
2.
H.
5.
St.
2.
H.
5.
3.
which
doth
ordaine
,
That
no
person
shall
be
admitted
to
passe
in
any
Enquest
vpon
tryall
of
the
death
of
a
man
:
or
in
any
Enquest
betwéene
party
and
party
in
plea
reall
,
or
in
plea
personall
,
whereof
the
debt
and
dammages
declared
doe
amount
to
forty
markes
aboue
all
charges
,
if
the
same
person
hath
not
Lands
and
Tenements
of
the
yearely
value
of
fortie
shillings
aboue
all
charges
,
so
that
he
be
challenge
for
that
cause
by
the
party
.
And
because
many
Marchants
aliens
,
and
other
aliens
,
which
neither
had
nor
could
purchase
any
Land
in
this
Realme
,
were
greatly
discontented
with
the
foresaid
Statute
of
2.
H.
5.
and
were
ready
to
depart
this
Realme
,
for
that
the
same
Statute
did
take
away
,
or
was
expounded
to
diminish
the
chiefe
force
of
the
before
mentioned
Statute
of
28.
Edw.
3.
13.
and
by
that
meanes
to
abridge
aliens
of
their
Trials
in
most
cases
per
medietatem
linguae
.
Therefore
the
more
to
encourage
Marchants
to
continue
here
,
and
also
others
to
come
with
their
marchandizes
into
this
Realme
,
by
a
Statute
made
Anno
8.
H.
6.
St.
8.
H.
6.
29
it
was
declared
,
That
the
same
Statute
made
Anno
2.
H.
5.
should
be
no
wayes
preiudiciall
to
the
foresaid
first
statute
made
28.
Edw.
3.
nor
was
not
meant
that
it
should
extend
to
any
,
but
onely
to
Enquests
to
be
taken
betwéene
Denizon
and
Denizon
,
and
not
to
the
other
Enquests
or
proofes
mentioned
in
the
sayd
Statute
of
28.
Ed.
3.
viz.
to
Enquests
to
be
taken
betwéene
Denizons
and
Aliens
.
And
that
the
first
statute
of
28.
Ed.
3.
should
bée
effectuall
,
stand
in
force
,
and
be
put
in
execution
,
according
to
the
forme
thereof
,
notwithstanding
the
later
Statute
of
2.
H.
5.
and
notwithstanding
that
Aliens
haue
not
lands
or
tenements
of
the
yearely
value
of
fortie
shillings
,
according
to
the
purport
of
the
sayd
later
statute
of
2.
H.
5.
And
so
by
this
statute
,
want
of
sufficient
fréehold
is
the
cause
of
Challenge
to
Aliens
which
bée
impanelled
with
English
men
.
But
yet
it
séemeth
to
be
a
cause
to
challenge
English
men
,
who
bée
impanelled
with
Aliens
,
for
the
perclose
of
this
Statute
doth
wholly
relye
vpon
Aliens
.
This
last
rehearsed
Statute
of
8.
H.
6.
willeth
,
That
the
intent
of
the
other
Statute
of
2.
H.
5.
should
bée
preferred
before
the
words
thereof
,
and
so
the
Iudges
of
the
law
haue
expounded
it
,
9.
H.
6.
27.
for
they
haue
allowed
a
Iuror
which
had
not
fortie
shillings
of
fréehold
,
to
bée
sworne
in
an
Enquest
,
if
others
had
so
much
land
to
his
vse
.
And
where
the
words
of
the
statute
be
(
If
he
hath
not
lands
or
tenements
of
the
yearely
value
of
fortie
shillings
)
and
doth
not
expresse
in
what
Countie
,
yet
they
doe
take
it
by
intendment
,
that
the
lands
must
bée
in
the
Countie
where
the
issue
is
to
bée
tryed
.
9.
H.
7.
1.
M.
12.
H.
7.
4
H.
32.
H.
8.
20.
P.
21.
H.
6.
39.
And
for
that
the
words
be
in
the
Present
tense
(
viz.
if
hée
hath
not
)
they
doe
expound
it
,
that
the
Iuror
must
haue
so
much
land
in
the
same
Countie
at
that
time
when
he
is
sworne
:
for
though
he
had
so
much
land
when
he
was
impanelled
,
yet
if
he
hath
aliened
it
,
or
that
the
same
was
euicted
from
him
by
an
auncient
title
before
the
time
hee
was
sworne
,
the
challenge
of
insufficiencie
shall
bée
allowed
vnto
the
prisoner
.
And
whereas
the
foresayd
statute
of
2.
H.
5.
hath
ordayned
(
That
no
person
shall
be
admitted
to
passe
in
any
Enquest
vpon
the
tryal
of
the
death
of
a
man
,
if
hée
hath
not
lands
of
the
yearely
value
of
fortie
shillings
)
this
is
not
meant
of
the
tryall
of
the
death
of
a
man
which
is
slaine
,
but
of
the
tryall
of
the
death
of
a
man
which
standeth
at
the
barre
vpon
the
question
of
his
life
or
death
.
And
then
will
this
challenge
serue
for
want
of
sufficient
lands
,
vpon
the
triall
of
all
maner
of
felonies
and
treasons
.
By
the
Statute
of
33.
H.
8.
it
is
enacted
,
That
he
which
is
arraigned
of
treason
,
St.
33.
H.
8.
12.
murder
,
or
manslaughter
committed
within
the
Verge
,
shall
haue
no
maner
of
challenge
to
any
of
the
Iury
,
malice
only
excepted
(
and
so
shall
haue
no
challenge
for
want
of
sufficient
fréehold
.
)
And
in
like
sort
it
is
ordained
by
the
Statute
of
Anno
3.
H.
7.
St.
3.
H.
7.
14
That
hee
which
being
the
Kings
seruant
sworne
,
and
whose
name
is
in
the
checke
Roll
of
the
Kings
houshold
,
vnder
the
degrée
of
a
Lord
,
which
is
arraigned
for
conspiring
with
any
other
,
to
destroy
any
Lord
of
this
Realme
,
or
any
other
sworne
to
the
Kings
Councell
:
Or
the
Steward
,
Treasurer
,
or
Controller
of
the
Kings
house
,
shall
not
haue
any
challenge
but
for
mallice
(
and
so
shall
haue
no
challenge
for
want
of
sufficient
fréehold
.
)
By
a
Statute
made
Anno
33.
H.
8.
St.
33.
H.
8.
13.
it
was
enacted
,
That
if
a
Commission
of
Oyer
and
Determiner
bée
directed
into
any
County
,
for
the
tryall
of
any
person
which
doth
confesse
any
Murther
to
thrée
of
the
Kings
Councell
,
or
is
vehemently
susspected
thereof
,
no
challenge
for
the
Hundred
or
Shire
shall
bée
allowed
vnto
him
.
But
the
challenge
of
any
Iuror
for
lacke
of
Fréehold
,
of
the
yearely
value
of
forty
shillings
,
shall
bée
allowed
,
as
hath
béene
accustomed
.
And
because
Trials
in
Murthers
and
Felonies
,
in
Cities
,
Boroughes
,
and
Townes
corporat
within
this
Realme
,
hauing
authoritie
in
the
deliuerance
of
such
offendors
,
were
oftentimes
deferred
and
delayed
,
by
reason
of
challenge
made
by
such
offendors
,
of
Iurors
,
for
lacke
of
sufficiency
of
fréehold
,
to
the
great
hinderance
of
iustice
:
for
the
redresse
thereof
,
by
a
statute
made
Anno
23.
H.
8.
St.
23.
H.
8.
13.
it
was
enacted
,
That
euery
person
,
being
the
kings
naturall
subiect
borne
,
which
either
by
the
name
of
a
citizen
,
or
a
fréeman
,
or
any
other
name
,
doth
enioy
the
liberties
of
any
City
,
Borough
,
or
Town●
corporat
,
where
he
dwelleth
,
being
worth
in
mooueable
goods
to
the
cleare
value
of
forty
pounds
,
shall
bée
admitted
in
tryall
of
Murthers
and
Felonies
,
in
euery
Sessions
and
Gaoles
of
deliuery
kept
in
and
for
the
liberty
of
such
Cities
,
Boroughes
,
or
Townes
corporat
,
albeit
he
hath
no
fréehold
.
But
this
act
extendeth
not
to
any
Knight
or
Esquire
dwelling
,
abiding
,
or
resorting
to
any
such
City
,
Borough
,
or
Towne
corporat
:
any
thing
in
the
same
act
to
the
contrary
hereof
notwithstanding
.
5
Vpon
the
arraignement
of
a
prisoner
,
the
king
by
his
prerogatiue
might
haue
challenged
euery
of
the
Iurors
peremptorily
by
the
common
law
,
without
shewing
of
any
cause
thereof
,
and
by
that
challenge
the
same
Iuror
should
haue
béene
presently
drawne
.
But
this
was
a
great
mischiefe
and
offence
to
the
subiect
,
who
by
that
meanes
was
infinitely
delayed
,
and
had
often
put
out
of
the
Iury
the
most
discréet
and
indifferent
men
,
which
were
returned
for
his
tryall
:
For
the
remedy
whereof
,
by
a
Statute
intituled
Ordinatio
de
inquisitionibus
,
Challenge
for
the
king
.
made
Anno
33.
Edw.
1.
St.
33.
E.
1.
it
was
established
,
That
touching
Inquisitions
to
bée
made
before
any
Iustices
,
wherein
the
king
is
any
way
a
party
,
although
it
bée
alleadged
by
those
which
doe
prosecute
for
the
king
,
that
the
Iurors
of
those
Inquisitions
,
or
any
of
them
,
bée
not
good
for
the
king
,
those
Inquisitions
shall
not
therefore
remaine
to
bée
taken
:
But
if
they
which
doe
pursue
for
the
king
,
will
challenge
any
of
those
Iurors
,
they
shall
shew
a
certaine
cause
of
their
challenge
,
and
the
truth
of
that
challenge
,
whether
it
bée
true
,
or
not
,
shal
be
inquired
of
,
according
to
the
Iustices
discretion
.
But
he
that
doth
prosecute
the
sute
for
the
king
,
néede
not
presently
shew
the
cause
vpon
his
challenge
(
as
a
common
person
should
do
,
if
he
were
party
against
the
king
)
for
he
may
shew
that
cause
when
he
hath
perused
the
whole
pannell
.
But
if
he
that
is
arraigned
,
1.
H.
5.
10
Fit
.
Chall'
105.
38.
Ass.
p.
22
doe
challenge
any
of
the
Polles
,
hee
must
shewe
the
cause
vpon
his
Challenge
,
which
must
be
presently
tried
,
for
that
it
is
in
a
plea
of
the
crowne
,
wherein
the
king
is
a
party
.
6
A
man
outlawed
of
Felonie
An
Outlaw
of
Felony
.
shall
haue
his
challenges
vpon
an
Issue
taken
,
for
the
auoidance
of
the
Felony
:
Fi.
Chall'
153.
165.
For
though
hée
cannot
challenge
a
worse
man
then
himselfe
,
béeing
outlawed
for
Felony
,
yet
séeing
it
is
in
Issue
to
trie
,
whether
hee
bee
an
Outlaw
,
or
not
,
and
by
this
tryall
,
if
it
bée
found
for
him
,
to
defeat
the
same
Outlawry
,
that
opinion
of
him
ought
to
bee
holden
in
suspence
,
vntill
the
said
issue
shall
be
tried
against
him
.
21.
H.
6.
30.
14.
H.
4.
19.
7
It
is
a
good
Challenge
vpon
cause
,
to
say
,
that
one
of
the
Iurors
is
an
Alien
,
or
a
Villaine
,
or
an
Outlaw
;
A
Iuror
,
an
alien
,
villaine
,
or
outlaw
.
for
then
hée
is
not
Liber
&
legalis
homo
:
For
though
an
Alien
borne
hath
dwelt
in
this
Realme
from
his
childhood
,
and
be
sworne
in
a
Léet
,
or
other
Court
,
to
the
Kings
obedience
,
yet
he
is
not
the
Kings
liege
man
:
for
the
Steward
of
a
Léet
,
nor
any
other
,
can
make
an
Alien
Legalis
homo
,
but
onely
the
King
.
❧
Euidence
.
1
WHen
a
prisoner
is
indicted
of
Treason
,
or
Felony
,
hath
pleaded
not
guilty
,
is
therupon
arraigned
,
and
finished
his
challenges
,
then
euidence
is
to
be
giuen
against
him
to
proue
him
guilty
,
which
euery
person
shall
bée
admitted
to
doe
for
the
king
.
And
because
the
euidence
of
those
,
that
tooke
the
said
offendor
with
the
manner
,
did
first
accuse
him
,
or
brought
him
before
the
Iustices
of
Peace
to
be
examined
of
the
supposed
offence
,
hath
béene
alwaies
adiudged
most
pregnant
and
effectuall
:
Therefore
by
a
statute
made
Anno
1.
&
2.
Ph.
&
Ma.
St.
1.
&
2.
P.
&
M.
13.
it
was
ordayned
,
That
two
Iustices
of
Peace
at
the
least
,
Euidence
against
an
offendor
let
to
batle
wherof
one
of
them
to
be
of
the
Quorum
,
when
any
prisoner
is
brought
before
them
for
any
manslaughter
,
or
felony
,
before
any
bailement
or
mainprise
,
shall
take
the
examination
of
the
said
prisoner
,
and
information
of
them
that
bring
him
,
of
the
fact
,
and
circumstances
thereof
,
and
the
same
,
or
as
much
thereof
,
as
shal
be
materiall
to
proue
the
felony
,
shall
put
in
writing
,
before
they
make
the
same
bailement
:
which
said
examination
,
together
with
the
said
bailement
,
the
said
Iustices
shall
certifie
at
the
next
generall
Gaole
deliuerie
to
bée
holden
within
their
Commission
:
and
that
euery
Coroner
,
vpon
any
inquisition
before
him
found
,
whereby
any
person
or
persons
shall
bée
indicted
for
murther
,
or
manslaughter
,
or
as
accessorie
or
accessories
to
the
same
,
before
the
murther
or
manslaughter
committed
,
shall
put
in
writing
the
effect
of
the
euidence
giuen
to
the
Iury
before
him
,
béeing
materiall
.
And
as
well
the
said
Iustices
,
as
the
said
Coroner
,
shall
haue
authority
by
this
act
to
bind
all
such
by
Recognisance
or
Obligation
,
as
doe
declare
any
thing
materiall
to
proue
the
said
murther
,
or
manslaughter
,
offences
,
or
felonies
,
or
to
bée
accessories
or
accessories
to
the
same
,
as
is
aforesaid
,
to
appeare
at
the
next
generall
Gaole
deliuerie
to
bée
holden
within
the
County
,
City
,
or
Towne
corporat
,
where
the
tryall
thereof
shall
bée
,
then
and
there
to
giue
euidence
against
the
party
so
indicted
at
the
time
of
his
triall
,
and
shall
certifie
as
well
the
same
euidence
,
as
such
bond
and
bonds
in
writing
as
hée
shall
take
,
together
with
the
Inquisition
or
Indictment
before
him
taken
and
found
,
or
before
the
time
of
his
sayd
tryall
thereof
to
bée
had
or
made
.
And
likewise
the
said
Iustices
shall
certifie
all
and
euery
such
bond
taken
before
them
,
in
like
manner
,
as
is
before
said
of
baylements
and
examination
.
And
in
case
any
Iustice
of
peace
,
or
Quorum
,
or
Coroner
,
shall
offend
in
any
thing
contrary
to
the
true
intent
and
meaning
of
this
act
,
then
the
Iustices
of
Gaole
deliuery
of
the
Shire
,
City
,
Towne
,
or
Place
,
where
such
offences
shal
happen
to
be
committed
,
vpon
due
proofe
thereof
by
examination
before
them
,
shall
for
euery
such
offence
set
such
fine
on
euery
such
Iustice
of
Peace
,
and
Coroner
,
as
the
same
Iustices
of
Gaole
deliuery
shall
thinke
méet
,
and
shall
estreat
the
same
,
as
other
Fines
and
Amerciaments
assessed
before
Iustices
of
Gaole
deliuery
ought
to
bee
.
S.
Mainprise
13.
2
Because
the
foresaid
statute
of
1.
&
2.
Ph.
&
Ma.
13.
doth
not
extend
to
any
such
prisoners
,
as
shall
be
brought
before
any
Iustice
of
Peace
,
for
Manslaughter
or
Felony
,
and
by
such
Iustice
shall
be
committed
to
ward
,
for
the
suspition
of
such
Manslaughter
or
Felony
,
and
not
bayled
:
in
which
case
the
examination
of
such
prisoner
,
and
of
such
as
shall
bring
him
,
is
as
necessary
,
or
rather
more
,
then
where
such
prisoner
shall
be
let
to
bayle
:
For
the
reformation
whereof
,
St.
1.
&
2.
P.
&
M.
10.
by
a
statute
made
Anno
2.
&
3.
Ph.
&
Ma.
it
was
enacted
,
That
such
Iustic●s
or
Iustice
,
before
whom
any
person
shall
bée
brought
,
Euidence
against
an
offendor
committed
to
prison
for
Manslaughter
or
Felony
,
or
for
suspition
thereof
,
before
he
or
they
shall
commit
or
send
such
prisoner
to
ward
,
shall
take
the
examination
of
such
prisoner
,
and
information
of
those
that
bring
him
,
of
the
fact
and
circumstances
thereof
,
and
the
same
,
or
as
much
thereof
,
as
shall
be
materiall
to
prooue
the
Felony
,
shall
put
in
writing
within
two
dayes
after
the
said
examination
,
and
the
same
shall
certifie
in
such
manner
and
forme
,
and
at
such
time
,
as
they
should
and
ought
to
doe
,
if
such
prisoner
so
committed
or
sent
to
ward
,
had
béene
bayled
,
or
let
to
mainprise
,
vpon
such
paine
as
in
the
said
former
act
is
limitted
and
appointed
,
for
not
taking
or
not
certifying
such
examinations
,
as
in
the
said
former
act
is
expressed
.
And
the
said
Iustices
shall
haue
authority
by
this
act
to
bind
all
such
by
Recognisance
or
Obligation
,
as
doe
declare
any
thing
materiall
,
to
proue
the
said
Manslaughter
,
or
Felony
,
against
such
prisoner
as
shall
bee
so
committed
to
ward
,
to
appeare
at
the
next
generall
Gaole
deliuery
,
to
be
holden
within
the
County
,
City
,
or
Towne
corporat
,
where
the
triall
of
the
said
Manslaughter
or
Felony
shall
be
,
then
and
there
to
giue
Euidence
against
the
party
.
And
the
said
Iustices
shall
certifie
the
sayd
bands
taken
before
them
,
in
like
manner
,
as
they
should
and
ought
to
certifie
the
bands
mentioned
in
the
said
former
act
,
vpon
the
paine
,
as
in
the
said
former
act
is
mentioned
,
for
not
certifying
such
bands
,
as
by
the
said
former
act
is
limitted
and
appointed
to
be
certified
.
3
And
for
that
men
should
be
the
readier
and
more
willing
to
giue
Euidence
against
Robbers
and
other
Felons
,
Restitution
vpon
attainder
by
euidence
.
by
a
statute
made
Anno
21.
H.
8.
St.
21.
H.
8.
11
it
was
established
,
That
if
any
Felon
or
Felons
doe
robbe
or
take
away
any
money
,
goods
,
or
cattels
from
any
of
the
kings
subiects
,
from
their
person
,
or
otherwise
,
within
this
Realme
,
and
thereof
be
indicted
,
and
after
be
arraigned
of
the
same
Felony
,
and
found
guilty
thereof
,
or
otherwise
attainted
by
reason
of
Euidence
giuen
by
the
party
so
robbed
,
or
owner
of
the
said
money
,
goods
,
or
cattels
,
or
by
any
other
by
their
procurement
,
then
the
party
so
robbed
,
or
owner
,
shal
be
restored
to
his
said
money
,
goods
,
and
cattels
.
Before
which
statute
the
party
robbed
or
owner
of
the
goods
stolne
could
not
haue
had
restitution
,
without
suing
of
an
Appeale
against
the
Felon
.
Euidence
giuen
by
a
stranger
.
4
If
the
seruant
be
robbed
,
the
master
may
giue
euidence
against
the
Felon
,
and
haue
restitution
by
this
statute
,
if
so
be
,
that
the
goods
robbed
were
the
goods
of
the
master
:
for
the
words
of
the
statute
be
(
The
party
so
robbed
,
or
owner
.
)
Also
if
he
that
was
robbed
doth
not
giue
Euidence
himselfe
,
but
procure
another
to
giue
the
euidence
,
this
is
sufficient
by
the
words
of
the
statute
,
to
obtaine
restitution
of
his
stolne
goods
.
There
must
be
two
accusors
to
giue
euidence
in
Treason
.
5
By
a
Braunch
of
a
statute
made
Ann̄
5.
Ed.
6.
St.
5.
E.
6.
11
it
was
ordained
,
That
no
person
or
persons
shall
be
indicted
,
arraigned
,
conuicted
,
condemned
,
or
attainted
,
for
any
Treasons
that
now
be
,
or
hereafter
shal
be
,
vnlesse
the
same
offendor
or
offendors
be
therof
accused
by
two
lawfull
accusors
,
which
said
accusors
at
the
time
of
the
arraignment
of
the
party
accused
(
if
they
be
then
liuing
)
shal
be
brought
in
person
before
the
party
so
accused
,
and
auow
and
maintain
that
which
they
haue
to
say
against
the
said
party
,
to
proue
him
guilty
of
the
Treasons
or
offences
contained
in
the
bill
of
indictment
layed
against
the
party
arraigned
,
vnlesse
the
said
party
arraigned
shall
willingly
without
violence
confesse
the
same
.
But
after
by
the
statute
of
An.
1.
&
2.
P.
&
M.
St.
1.
&
2.
P.
&
M.
10.
T.
2.
&
3.
P.
&
M.
Dyer
132.
it
was
ordained
,
That
all
tryals
to
be
had
,
awarded
,
or
made
for
any
Treason
,
shall
be
had
and
vsed
onely
,
according
to
the
due
order
and
course
of
the
common
lawes
of
this
Realme
,
and
not
otherwise
.
Quaere
whether
the
said
stat.
of
1.
&
2.
P.
&
Ma.
do
take
away
the
force
of
the
foresaid
stat.
of
5.
Ed.
6.
which
it
is
thought
it
doth
not
,
but
that
the
said
statute
of
Anno
5.
Ed.
6.
doth
remaine
in
force
,
séeing
it
was
ordained
onely
for
the
accusation
or
euidence
,
and
not
for
the
time
,
place
,
or
order
of
the
triall
.
Euidence
in
high
Treason
.
6
If
there
be
an
accusor
of
high
Treason
of
his
owne
knowledge
,
1.
M.
Dy.
98.
or
of
his
owne
hearing
,
and
he
doth
vtter
it
to
another
,
that
other
may
well
be
an
accusor
or
witnesse
.
And
likewise
if
the
second
man
do
vtter
it
to
the
third
,
and
the
third
to
the
fourth
man
,
euery
of
them
may
be
an
accusor
or
witnesse
.
Euidence
against
abettors
to
offences
7
By
the
statute
of
Anno
5.
Eliz.
St.
5.
El.
1.
it
is
ordained
,
That
no
person
or
persons
shal
be
indicted
for
assisting
,
aiding
,
maintaining
,
comforting
,
or
abetting
of
any
person
or
persons
,
for
any
of
the
offences
mentioned
in
the
said
statute
,
in
extolling
,
setting
forth
,
or
defending
of
the
vsurped
power
,
and
authority
of
the
bishop
of
Rome
,
vnlesse
he
or
they
be
thereof
lawfully
accused
by
such
good
and
sufficient
testimony
or
proofe
,
as
by
the
Iury
,
by
whom
he
shall
be
so
indicted
,
shal
be
thought
good
,
lawfull
,
and
sufficient
,
to
proue
him
or
them
guilty
of
the
said
offences
.
S.
Treasons
15.
8
By
the
Statute
made
Anno
31.
Eliz.
St.
31.
Eli.
4.
it
is
ordained
,
Euidence
on
the
def.
part
.
That
such
person
and
persons
as
shall
bée
impeached
for
any
offence
made
Felony
by
that
Statute
(
béeing
intituled
an
act
against
imbesilling
of
armour
,
habiliments
of
warre
,
and
victuals
)
shall
by
vertue
of
this
act
be
receiued
and
admitted
to
make
any
lawfull
proofe
that
he
can
,
by
lawfull
witnesse
,
or
otherwise
,
for
his
discharge
and
defence
in
that
behalfe
:
any
Law
to
the
contrary
notwithstanding
.
S.
Felonies
by
Statute
33.
❧
Verdict
.
1
AFter
the
prisoner
hath
pleaded
not
guilty
,
hath
béen
thereupon
arraigned
,
and
euidence
giuen
against
him
in
open
court
,
before
the
Iudges
and
the
Iury
,
the
same
Iury
do
depart
from
the
barre
to
consider
of
their
euidence
&
proofes
,
which
being
done
,
they
return
again
to
the
court
to
giue
vp
their
verdict
,
which
as
the
issue
of
not
guilty
is
generall
,
so
may
they
deliuer
their
verdict
guilty
,
or
not
guilty
,
if
they
will
,
and
that
their
euidence
be
cleare
,
and
do
induce
them
therunto
.
But
it
is
not
alwaies
requisit
to
giue
a
generall
verdict
:
for
if
the
fact
,
whereupon
the
prisoner
was
arraigned
,
be
such
,
that
the
Iury
doe
stand
in
doubt
,
whether
it
be
felony
,
or
not
,
they
shall
best
discharge
their
consciences
to
giue
a
speciall
verdict
,
that
is
to
say
,
a
verdict
at
large
,
viz.
a
verdict
,
declaring
at
large
the
whole
truth
of
the
matter
,
which
may
be
done
as
well
in
case
of
felony
,
as
in
an
assise
,
A
verdict
at
large
in
felony
or
action
of
Trespas
:
as
,
they
may
deliuer
their
verdict
,
44.
E.
3.
44
Fi.
Cor.
284
286.
287.
47.
Ass.
p.
31
that
the
prisoner
which
is
arraigned
for
the
killing
of
a
man
,
did
slay
the
same
man
in
his
owne
defence
:
for
he
that
is
arraigned
must
plead
not
guilty
(
séeing
that
in
his
plea
he
cannot
iustifie
the
killing
of
a
man
)
and
then
the
Iury
in
their
verdict
may
declare
the
whole
circumstance
of
the
fact
,
and
conclude
,
that
he
killed
him
in
his
own
defence
:
for
it
is
not
a
sufficient
verdict
for
the
Iury
to
say
,
that
the
prisoner
killed
the
man
in
his
owne
defence
,
but
they
must
shew
the
cause
,
manner
,
and
circumstance
of
the
fact
,
that
the
court
may
discerne
&
iudge
,
whether
the
fact
which
the
prisoner
hath
committed
,
be
felony
,
or
not
,
whether
the
prisoner
standeth
in
the
Kings
mercy
,
or
not
,
and
whether
hee
shall
loose
his
goods
,
or
not
.
The
verdict
lesse
penall
than
the
indictment
2
As
a
Iury
may
giue
a
speciall
verdict
,
touching
a
man
that
killed
another
in
his
own
defence
,
so
may
they
giue
a
speciall
verdict
,
where
he
that
is
arraigned
killed
another
by
misfortune
:
Or
where
he
which
committed
the
homicide
,
was
not
of
perfect
memory
,
or
deafe
&
dumbe
,
or
an
infant
without
discretion
:
Or
that
the
thing
which
was
stoln
was
not
worth
aboue
x.
d.
Or
that
he
which
is
indicted
&
arraigned
for
committing
of
a
murther
,
T.
26.
H.
8.
5
P.
9.
El.
Dy.
261.
Pl.
com
.
101
Br.
Cor.
221
Br.
Appeale
122.
did
kil
the
man
by
chance
medley
,
or
in
his
owne
defence
,
and
not
of
malice
prepenced
.
And
if
two
be
indicted
for
committing
of
a
felony
,
&
do
plead
thereunto
not
guilty
,
the
Iury
may
find
,
that
one
of
them
committed
the
felony
by
the
procurement
of
the
other
,
but
that
he
which
was
the
procurer
was
not
present
at
the
committing
of
the
felony
.
3
And
as
a
Iury
may
giue
a
speciall
verdict
to
attenuate
an
offence
,
The
verdict
more
penall
then
the
Indictment
.
and
to
make
it
lesse
penall
then
is
contained
in
the
Indictment
(
as
in
the
cases
aforesaid
)
so
may
they
by
a
speciall
verdict
aggrauate
the
offence
,
more
then
the
Indictment
did
.
As
,
a
man
was
indicted
and
arraigned
for
the
stealing
of
linnen
Cloth
to
the
value
of
two
shillings
,
whereunto
the
prisoner
pleaded
not
guilty
,
Fi.
Cor.
115
and
the
Iury
found
that
he
did
rob
the
owner
of
the
linnen
cloth
,
to
the
value
of
x.
s.
and
further
,
that
he
tooke
it
from
the
person
of
a
man
,
whereupon
hée
was
adiudged
to
be
hanged
.
4
When
a
man
is
indicted
of
the
death
of
another
man
before
the
Coroner
,
Where
a
Iury
shall
find
who
killed
the
dead
man
.
vpon
the
sight
of
the
body
slaine
,
and
after
is
acquite
,
the
Iury
which
acquited
him
must
find
one
that
killed
him
,
14.
H.
7.
2.
13.
E.
4.
3.
22.
As
.
p.
39
7.
Eli.
Dyer
238.
or
els
the
meanes
whereby
he
came
to
his
death
:
and
if
they
find
that
I.N.
killed
him
,
this
shall
serue
for
an
indictment
against
I.N.
for
it
is
certaine
,
that
there
is
such
a
person
dead
,
séeing
the
Coroner
did
sée
him
,
and
so
recorded
it
,
and
therfore
the
maner
of
this
persons
death
must
not
cease
to
be
tried
vntill
it
be
found
.
But
it
is
otherwise
,
where
the
prisoner
is
indicted
before
other
Iustices
,
because
notwithstanding
such
an
indictment
,
it
may
be
there
was
no
such
person
dead
:
for
the
body
was
not
séene
by
the
Iustices
,
before
whom
that
indictment
passed
,
as
in
the
other
case
it
was
by
the
Coroner
:
and
therefore
their
record
in
that
case
,
touching
the
death
of
a
man
,
cannot
be
of
so
great
force
as
the
coroners
is
,
vnles
it
be
where
the
death
of
the
man
is
notorious
and
generally
knowne
;
then
if
he
,
which
vpon
an
appeale
or
indictment
of
the
death
of
that
man
is
arraigned
,
21.
E.
3.
17
&
pleadeth
not
guilty
,
is
by
the
Iury
found
not
guilty
,
the
Iury
shal
be
charged
to
inquire
who
killed
him
:
as
,
a
man
was
indicted
and
arraigned
for
the
killing
of
another
man
,
who
thereunto
pleaded
not
guilty
,
and
the
Iury
found
him
not
guilty
:
and
because
the
man
was
knowne
to
be
killed
in
the
presence
of
many
,
the
Iustices
charged
the
Iury
to
inquire
and
find
who
killed
him
,
37.
Ass.
p.
13
and
then
they
found
,
that
the
same
man
which
was
killed
,
was
in
a
Tauerne
,
and
drunken
,
and
fell
vpon
his
owne
knife
by
mischance
,
and
so
was
the
cause
of
his
owne
death
.
❧
Clergie
.
What
Clergy
is
.
1
CLergie
is
an
auncient
liberty
of
the
holy
Church
,
and
it
is
when
a
priest
,
or
one
within
holy
orders
,
or
any
other
in
whom
there
is
no
impossibility
to
be
a
priest
,
is
arraigned
of
Felony
before
a
secular
Iudge
,
hee
may
pray
to
haue
his
Clergy
,
which
was
as
much
(
before
the
statute
of
18.
Eli.
St.
18.
Eli.
6.
)
as
if
he
had
prayed
to
be
dismissed
of
the
temporall
Iudge
,
and
to
be
deliuered
to
the
Ordinary
to
purge
him
of
that
offence
:
and
now
sithence
that
statute
,
it
is
as
much
as
if
he
should
pray
(
after
the
burning
in
the
hand
)
to
be
enlarged
,
and
deliuered
out
of
prison
.
And
it
appeareth
by
the
statute
of
Articuli
Cleri
,
made
Anno
9.
Ed.
2.
St.
9.
E.
2.
15
That
a
Clerke
ought
not
to
be
iudged
by
a
Temporall
Iudge
,
nor
any
thing
may
be
done
against
him
,
that
concerneth
his
life
,
or
dismembring
of
him
:
and
though
this
priuiledge
had
his
beginning
from
the
Cannon
Law
,
and
not
from
the
common
Law
of
this
Realme
,
yet
it
hath
bin
confirmed
by
diuers
parliaments
,
and
the
temporall
Iudges
haue
so
fauorably
vsed
it
,
that
they
haue
graunted
it
to
all
that
can
read
,
although
they
be
no
priests
,
nor
within
holy
orders
(
which
is
more
then
the
Cannon
Law
requireth
:
for
the
Cannon
Law
expecteth
no
more
then
that
it
shal
be
graunted
to
priests
,
and
such
as
be
within
holy
orders
.
)
Where
no
Clergy
by
the
common
Law
2
None
of
them
in
whom
there
is
any
impediment
to
be
Priest
,
can
by
the
common
Law
haue
the
priuiledge
of
Clergy
:
as
,
he
that
is
blind
or
maimed
,
or
one
such
as
by
no
dispensation
by
the
Lawes
of
the
Church
can
be
Priest
,
can
haue
the
priuiledge
of
Clergy
:
Fi.
Cor.
461
Neither
can
any
woman
haue
the
priuiledge
of
Clergy
.
Committer
of
Sacriledge
3
He
that
hath
committed
Sacriledge
,
Fi.
Cor.
120
283.
257
26.
As
.
p.
1●
27.
Ass.
p.
42
shall
not
haue
the
priuiledge
of
clergy
by
the
common
Law
,
if
the
Ordinary
do
refuse
him
&
the
secular
Iudge
do
assent
to
his
refusall
:
and
yet
it
is
otherwise
,
if
the
Ordinary
will
clayme
him
for
a
Clerke
,
and
receiue
him
.
But
if
one
that
hath
committed
Sacriledge
be
arraigned
of
another
felony
then
of
that
Sacriledge
,
for
the
which
he
doth
pray
his
Clergy
,
and
doth
read
well
,
and
the
Ordinary
knowing
that
he
hath
committed
Sacriledge
,
or
some
other
grieuous
crime
,
doth
refuse
him
,
the
said
offendor
shal
be
hanged
,
21.
Ed.
4.21
though
the
Ordinary
doth
not
shew
to
the
Iudges
the
cause
of
his
refusall
.
S.
Br.
24.
Fi.
Cor.
233.
26.
Ass.
p.
19
4
If
one
that
is
a
priest
,
or
within
holy
orders
,
hauing
not
the
habit
or
tonsure
of
a
clerke
,
Habite
or
tonsure
of
a
clerk
.
do
demaund
his
clergy
,
if
the
Ordinary
do
refuse
him
for
it
,
he
shal
be
hanged
:
9.
E.
4.
28.
&
so
shall
he
be
,
if
the
court
do
refuse
him
for
that
cause
,
though
the
Ordinary
do
not
refuse
him
.
S.
Br.
5.
5
He
that
had
his
clergy
once
,
Clergy
allowed
but
once
.
should
haue
had
it
againe
by
the
common
law
,
and
so
,
oft
times
:
but
by
the
stat.
of
4.
H.
7.
St.
4.
H.
7.
13
it
was
enacted
,
That
euery
person
(
not
being
within
orders
)
which
once
hath
béen
admitted
to
the
benefit
of
his
clergy
,
being
eftsoones
arraigned
of
any
such
offence
,
shall
not
be
admitted
to
the
priuiledge
of
his
clergy
.
And
euery
person
so
conuicted
for
murther
,
shal
be
marked
with
an
M.
vpon
the
brawne
of
the
left
thumbe
:
and
if
it
be
for
any
other
felony
,
he
shal
be
marked
with
a
T.
in
the
same
place
of
the
thumbe
;
and
those
markes
to
be
made
by
the
gaoler
openly
in
the
court
before
the
Iudge
,
before
the
person
be
deliuered
.
And
after
by
the
stat.
of
28.
H.
8.
&
32.
H.
8.
St.
28.
H.
8.
1.
St.
32.
H.
8.
3
it
was
enacted
,
That
such
as
be
within
holy
orders
shall
be
and
stand
vnder
the
same
paines
&
dangers
for
their
offences
,
and
be
vsed
and
ordered
to
all
intents
,
as
other
persons
not
being
within
holy
orders
shal
be
.
6
He
that
killeth
a
man
in
his
owne
defence
,
Killing
a
man
by
mischance
,
or
in
his
owne
defence
.
or
by
misaduenture
,
by
the
common
Law
shall
not
haue
his
clergy
:
Br.
Cor.
183
Neither
shall
he
who
committeth
petite
Larceny
Petit
larcenie
haue
his
clergy
,
and
the
reason
is
,
for
that
in
those
cases
he
shall
not
haue
iudgement
of
death
.
19.
H.
6.
47.
Fit
.
Co.
283
St.
25.
E.
3.4
7
He
which
had
offended
in
high
Treason
Offendors
in
Treasons
.
by
the
common
law
,
should
not
haue
had
his
clergy
,
neither
he
which
had
offended
in
petit
Treason
,
vntill
by
the
stat.
of
Ann
25.
E.
3.
pro
Clero
it
was
enacted
,
That
all
Clerkes
,
as
well
secular
as
religious
,
which
shal
be
from
henceforth
conuict
before
the
secular
Iustices
for
any
manner
Treasons
and
Felonies
touching
other
persons
than
the
King
himselfe
,
or
his
royall
Maiesty
,
shall
fréely
haue
and
enioy
the
priuiledge
of
holy
Church
,
and
shal
be
without
any
impeachment
or
delay
deliuered
to
the
Ordinaries
demaunding
them
.
It
appeareth
by
the
statute
of
Anno
4.
H.
4.
St.
4.
H.
4.
3
That
the
Clergie
promised
to
the
King
in
Parliament
,
that
a
Clerke
conuict
for
Treason
touching
the
King
himselfe
,
or
for
being
a
common
théefe
notoriously
detected
,
and
deliuered
to
the
Ordinary
,
shall
not
make
his
purgation
.
8
He
that
had
confessed
a
felony
,
Confession
of
felony
.
could
not
haue
had
his
Clergy
by
the
common
Law
,
vntill
the
stat.
of
Ann
9.
E.
2.
St.
9.
E.
2.
15
viz.
Articuli
Cleri
,
was
made
:
Because
after
his
confession
he
could
not
purge
him
of
that
offence
,
and
therefore
it
was
in
vaine
to
haue
him
deliuered
to
the
Ordinary
,
to
be
tryed
of
that
offence
.
But
the
spirituall
men
at
that
time
intended
,
that
the
same
confession
of
a
Clerke
before
a
Temporall
Iudge
was
void
,
for
that
he
could
not
be
Iudge
of
a
Clerke
:
and
therefore
they
obtained
remedie
by
the
said
articles
in
two
speciall
cases
,
viz.
Abiuration
and
Approuement
:
and
by
the
equitie
of
the
said
statute
,
and
in
fauour
of
life
,
it
is
now
permitted
in
all
other
cases
of
attainders
.
Clergy
taken
away
by
seueral
statutes
.
A
Cutpurse
.
9
By
the
statute
of
An.
8.
Eliz.
St.
8.
El.
4.
it
is
enacted
,
That
no
person
or
persons
which
shal
be
indicted
or
appelled
for
felonious
taking
of
any
money
,
goods
,
or
cattels
from
the
person
of
any
other
priuily
,
without
his
knowledge
,
in
any
place
whatsoeuer
,
and
thereupon
found
guilty
by
verdict
of
xij
.
men
,
or
shall
confesse
the
same
vpon
his
or
their
arraignment
,
or
will
not
answer
directly
to
the
same
,
according
to
the
lawes
of
this
Realme
,
or
shall
stand
wilfully
,
or
of
malice
,
or
obstinatly
mute
,
or
challenge
peremptorily
aboue
the
number
of
xx
.
or
shal
be
vpon
such
indictment
or
appeale
outlawed
,
shall
be
admitted
to
haue
the
benefit
of
his
or
their
clergy
,
but
be
excluded
therof
,
and
shall
suffer
death
in
such
manner
&
forme
,
as
they
should
if
they
were
no
clerks
.
Forging
of
writings
.
10
By
the
stat.
of
An.
5.
El.
St.
5.
El.
14.
it
is
established
,
That
if
any
person
or
persons
being
conuicted
or
condemned
of
any
of
the
offences
specified
in
that
Statute
(
prouided
against
the
forging
of
euidences
&
writings
)
by
any
of
the
waies
or
meanes
in
the
same
statute
limitted
,
shall
after
any
such
his
or
their
conuiction
or
condemnation
eftsoones
commit
or
perpetrate
any
of
the
said
offences
,
in
the
forme
therin
mentioned
,
that
then
euery
such
second
offence
or
offences
shal
be
adiudged
felony
,
&
the
parties
thereof
conuicted
or
attainted
shall
suffer
death
,
losse
,
&
forfeiture
of
their
goods
,
cattels
,
lands
&
tenements
,
as
in
cases
of
felony
,
without
hauing
any
aduantage
or
benefit
of
Clergy
or
Sanctuary
.
S.
Forging
&c.
8.
and
Felonies
by
Statute
27.
11
By
the
statutes
of
Ann
25.
H.
8.
&
Ann
5.
El.
St.
25.
H.
8.
6
St.
5.
El.
17.
it
is
enacted
,
That
if
any
do
commit
Buggery
Buggery
.
with
mankind
or
beast
,
the
same
offence
shal
be
adiudged
felony
,
and
that
no
person
offending
in
the
same
shal
be
admitted
to
his
clergy
.
S.
Felonies
by
Stat.
11.
12
By
the
statute
of
Ann
5.
El.
St.
5.
El.
20
it
is
enacted
,
That
euery
person
and
persons
of
the
age
of
xiiij
.
yeares
,
or
aboue
,
calling
himselfe
an
Egyptian
,
Egyptians
.
or
béeing
in
company
with
them
,
or
counterfeiting
or
disguising
himselfe
by
his
apparell
,
spéech
,
or
other
behauior
,
like
vnto
the
vagabonds
,
calling
themselues
Egyptians
,
and
so
doth
continue
at
one
or
seuerall
times
by
the
space
of
a
moneth
,
shal
be
adiudged
a
felon
,
and
shall
loose
the
priuiledge
and
benefit
of
Sanctuary
and
Clergy
.
S.
Felonies
by
Stat.
15.
Relieuing
of
a
Iesuit
or
Priest
.
14
By
the
stat.
of
Ann̄
27.
El.
St.
27.
Eli.
2.
it
is
enacted
,
That
euery
person
which
shall
wittingly
&
willingly
receiue
,
relieue
,
comfort
,
aid
,
or
maintaine
any
Iesuit
,
seminary
priest
,
or
other
priest
,
deacon
,
or
religious
or
ecclesiastical
person
whatsoeuer
,
being
borne
within
this
realme
,
or
any
the
dominions
thereof
,
&
heretofore
(
sithence
the
feast
of
S.
Iohn
the
Baptist
ann
1.
Reg.
El.
)
ordained
,
made
,
or
professed
,
or
hereafter
to
be
made
,
ordained
,
or
professed
by
any
authoritie
or
iurisdiction
deriued
from
the
Sea
of
Rome
,
being
at
liberty
,
or
out
of
hold
,
knowing
him
to
be
a
Iesuite
,
Seminarie
Priest
,
or
such
other
Priest
,
Deacon
,
or
religious
or
ecclesiasticall
person
,
as
is
aforesaid
,
shal
for
such
offence
be
adiudged
a
felon
without
benefit
of
Clergy
,
and
shal
suffer
death
,
loose
and
forfeit
as
in
case
of
one
attainted
of
felony
.
S.
Felonies
by
Stat.
22.
15
By
the
Statute
of
Anno
18.
Eliz.
St.
18.
El.
6.
it
is
ordained
,
That
if
any
person
or
persons
shall
fortune
to
commit
or
doe
any
manner
of
felonious
Rape
,
Rape
.
Rauishment
,
or
Burglary
,
Burglary
.
or
shall
vnlawfully
and
carnally
know
and
abuse
any
woman
child
vnder
the
age
of
tenne
yeares
,
and
shal
be
therof
found
guilty
by
verdict
,
be
outlawed
,
or
confesse
the
same
vpon
his
arraignment
,
he
shall
suffer
paines
of
death
,
and
forfeit
as
in
cases
of
felony
,
without
any
allowance
or
priuiledge
of
Clergy
.
16
By
the
statute
of
Ann
3.
H.
7.
St.
3.
H.
7.
2
it
is
enacted
,
Taking
a
woman
against
her
will
.
That
if
any
person
or
persons
shall
take
any
maid
,
widow
,
or
wife
,
which
hath
any
lands
or
goods
,
or
is
heire
apparant
to
her
auncestor
against
her
wil
vnlawfully
,
such
taking
,
procuring
,
and
abotting
to
the
same
,
and
also
receiuing
wittingly
the
same
woman
so
taken
against
her
will
,
&
knowing
the
same
,
shal
be
felony
:
and
such
misdoers
,
takers
and
procurators
to
the
same
shal
be
reputed
&
taken
as
principall
Felons
.
But
this
act
doth
not
extend
to
any
person
taking
a
woman
,
onely
clayming
her
as
his
ward
or
bondwoman
.
Ward
.
Bondwoman
And
by
the
stat.
of
39.
El.
St.
39.
El.
9.
it
is
ordained
,
That
euery
such
person
&
persons
as
shal
be
conuicted
or
attainted
of
or
for
any
offence
made
felony
by
the
foresaid
act
of
ann
3.
H.
7.
or
which
shal
be
indicted
&
arraigned
of
or
for
any
such
offence
,
&
stand
mute
,
or
make
no
direct
answere
,
or
challenge
peremptorily
aboue
the
number
of
xx
.
shal
in
euery
such
case
loose
his
and
their
benefit
of
Clergy
.
Prouided
alwaies
,
that
this
act
shal
not
extend
to
take
away
the
benefit
of
Clergy
,
but
onely
from
such
person
and
persons
as
hereafter
shall
be
principals
,
or
procurers
,
or
accessaries
before
such
offence
committed
.
S.
Felonies
by
Stat.
5.
17
By
the
statute
of
An.
1.
Iac.
St.
1.
Iac.
12
it
is
enacted
,
Coniuration
.
Witchcraft
.
That
if
any
person
or
persons
shal
vse
,
practise
,
or
exercise
any
inuocation
or
coniuration
of
any
euil
&
wicked
spirit
,
or
shall
consult
,
couenant
with
,
entertaine
,
imploy
,
féede
,
or
reward
any
euill
&
wicked
spirit
,
to
or
for
any
intent
or
purpose
,
or
take
vp
any
dead
man
,
woman
,
or
child
,
out
of
his
,
her
,
or
their
graue
,
or
any
other
place
where
the
dead
body
resteth
,
or
the
skin
,
bone
,
or
any
other
part
of
any
dead
person
,
to
be
imploied
or
vsed
in
any
maner
of
Witchcraft
,
Sorcerie
,
Charme
,
or
Inchantment
,
or
shall
vse
,
practise
,
or
exercise
any
Witchcraft
,
Inchantment
,
Charme
,
or
Sorcerie
,
whereby
any
person
shall
be
killed
,
destroyed
,
wasted
,
consumed
,
pined
,
or
lamed
in
his
or
her
body
,
or
any
part
thereof
:
then
euery
such
offendor
or
offendors
,
their
aidors
,
abettors
,
and
councellors
,
being
of
any
the
said
offences
duly
and
lawfully
conuicted
and
attainted
,
shall
suffer
pains
of
death
as
a
felon
,
or
felons
,
and
shall
loose
the
priuiledge
and
benefit
of
Clergy
&
Sanctuary
:
and
if
any
person
or
persons
shall
take
vpon
him
or
them
by
Witchcraft
,
Inchantment
,
Charme
,
or
Sorcery
,
to
tell
or
declare
in
what
place
any
treasure
of
gold
or
siluer
should
or
might
be
found
or
had
in
the
earth
,
Telling
where
things
lost
may
be
found
.
or
other
secret
places
,
or
where
goods
lost
or
stolne
should
be
found
or
become
,
or
to
the
intent
to
prouoke
any
person
to
vnlawfull
loue
,
Prouoking
to
loue
.
or
whereby
any
goods
or
cattels
of
any
person
shal
be
destroyed
,
wasted
,
or
impaired
,
or
to
hurt
or
destroy
any
person
in
his
or
her
body
,
although
the
same
be
not
effected
and
done
:
and
béeing
once
conuicted
of
the
same
offences
,
Destroying
of
men
or
cattell
.
as
is
aforesaid
,
do
eftsoones
perpetrate
and
commit
the
like
offence
,
then
euery
such
offendor
being
of
any
the
said
offences
the
second
time
lawfully
and
duly
conuicted
and
attainted
,
shall
suffer
pains
of
death
as
a
felon
,
and
shall
loose
the
benefit
and
priuiledge
of
clergy
and
sanctuarie
.
S.
Felonies
by
Stat.
29.
18
By
the
statute
of
Anno
1.
Iac.
St.
1.
Iac.
8
S.
Murther
24.
it
is
enacted
,
That
if
any
person
or
persons
shall
stabbe
or
thrust
Stabbing
or
thrusting
.
any
person
or
persons
that
hath
not
then
any
weapon
drawne
,
or
that
hath
not
then
first
stricken
the
party
which
shall
so
stabbe
or
thrust
,
so
as
the
person
or
persons
so
stabbed
or
thrust
,
shall
therof
die
within
the
space
of
sixe
moneths
then
next
following
,
although
it
cannot
be
proued
that
the
same
was
done
of
mallice
forethought
:
yet
the
party
so
offending
,
and
béeing
thereof
conuict
by
verdict
of
twelue
men
,
confession
,
or
otherwise
,
according
to
the
Lawes
of
this
Realme
,
shal
be
excluded
from
the
benefit
of
his
or
their
Clergy
,
and
shall
suffer
death
as
in
case
of
wilfull
murther
.
S.
Homicide
24.
A
Recusant
not
abiuring
,
or
returning
.
19
If
any
such
offendor
,
which
by
the
tenor
and
effect
of
the
act
made
Ann̄
35.
Eliz.
St.
35.
El.
1.
(
intituled
an
act
to
retaine
the
Quéenes
Subiects
in
due
obedience
)
is
to
be
abiured
the
Realme
,
shall
refuse
to
make
such
abiuration
,
as
by
that
statute
is
appointed
:
Or
after
such
abiuration
shall
not
goe
to
such
Hauen
,
and
within
such
time
as
is
appointed
,
and
from
thence
depart
the
Realme
,
according
to
the
said
statute
:
Or
after
his
departure
shall
returne
againe
into
any
of
the
kings
Realmes
or
Dominions
,
without
his
speciall
licence
in
that
behalfe
first
had
and
obtained
:
then
in
euery
such
case
the
person
so
offending
shal
be
adiudged
a
felon
,
and
suffer
as
in
case
of
felony
,
without
benefit
of
clergy
.
S.
Felonies
by
Stat.
9.
Abiuration
of
a
Popish
Recusant
.
20
If
any
such
offendor
,
which
by
the
tenor
and
intent
of
the
act
made
Ann̄
35.
Eliz.
St.
35.
El.
2.
(
intituled
an
act
for
the
restraining
of
Popish
Recusants
to
some
place
of
abode
)
is
to
be
abiured
the
Realme
,
shall
refuse
to
make
such
abiuration
:
Or
after
such
abiuration
made
shall
not
goe
to
such
hauen
,
and
within
such
time
as
is
appointed
,
and
from
thence
depart
out
of
this
Realme
according
to
the
said
act
:
Or
after
such
departure
shall
returne
and
come
againe
into
any
of
the
kings
Dominions
,
without
his
speciall
licence
in
that
behalfe
first
obtained
and
had
:
then
in
euery
such
case
the
person
so
offending
shall
be
adiudged
a
felon
,
and
loose
as
in
case
of
felony
,
without
benefit
of
Clergy
.
S.
Felonies
by
Stat.
11.
A
Souldier
departing
from
his
captaine
.
21
By
the
statute
of
Ann̄
18.
H.
6.
St.
18.
H.
6.
10.
it
is
enacted
,
That
if
any
souldier
,
man
of
Armes
,
or
Archer
,
which
hath
taken
parcell
of
his
wages
of
his
Captaine
,
and
is
entred
of
record
the
kings
souldier
(
except
notorious
sicknes
or
impediment
by
Gods
visitation
doth
let
,
which
he
shall
imediately
certifie
his
captaine
,
and
repaie
his
money
)
or
els
being
in
the
enemies
countrie
in
garrison
,
or
els
where
,
in
the
kings
seruice
,
where
he
is
appointed
to
serue
,
doth
depart
without
licence
of
the
kings
lieutenant
,
deputie
,
high
admirall
,
viceadmirall
,
captaine
,
or
in
their
absence
of
their
deputies
,
he
shal
be
taken
,
iudged
,
and
executed
as
a
felon
.
And
by
the
Stat.
of
Anno
2.
&
3.
Ed.
6.
St.
2.
&
3.
Ed.
6.
2.
he
shal
not
haue
aduantage
of
his
Clergie
or
sanctuarie
.
S.
Felon
.
by
Stat.
21.
St.
39.
El.
17
22
By
the
Stat.
of
An.
39.
El.
it
is
ordained
,
That
if
any
idle
and
wandring
Souldier
or
Mariner
Wandering
souldiers
and
mariners
.
doe
not
settle
himselfe
to
labour
,
seruice
,
or
other
lawfull
course
of
life
,
without
wandring
;
or
otherwise
repaire
to
the
place
where
he
was
born
,
or
to
his
dwelling
place
,
and
there
remain
,
betaking
himselfe
to
some
lawfull
trade
or
course
of
life
:
Or
comming
from
his
Captaine
,
shall
not
haue
a
testimonial
of
a
Iustice
of
peace
,
&c.
or
shal
counterfeit
or
forge
such
testimoniall
,
or
haue
with
him
any
such
testimoniall
forged
,
knowing
the
same
to
be
forged
,
being
retained
into
seruice
,
or
shall
depart
within
the
yeare
without
the
licence
of
him
that
retained
him
into
seruice
,
Then
he
shal
be
iudged
as
a
felon
without
the
benefit
of
clergie
.
S.
Fel.
by
Stat.
3.
23
By
the
Stat.
of
An.
43.
El.
St.
43.
Eli.
13
it
is
established
,
Taking
away
any
person
against
his
will
in
Cumberland
&c.
That
whosoeuer
shal
without
lawfull
authoritie
take
any
of
the
kings
subiects
,
against
his
or
their
wills
,
and
carry
him
or
them
out
of
the
counties
of
Cumberland
,
Northumberland
,
Westmerland
,
or
the
Bishoprick
of
Durham
,
or
to
any
other
place
within
any
of
the
said
counties
,
or
detayne
,
force
,
or
imprison
him
or
them
as
prisoners
,
or
against
his
or
their
wills
to
raunsome
them
,
or
to
make
a
pray
or
spoile
of
his
or
their
person
or
goods
vpon
deadly
feude
,
or
otherwise
,
shal
be
taken
to
be
felons
,
and
suffer
death
without
benefit
of
Clergy
,
Sanctuary
,
or
Abiuration
,
&c.
S.
Felonies
by
stat.
36.
St.
1.
E.
6.
12.
24
By
the
stat.
of
Anno
1.
Ed.
6.
it
is
ordained
,
That
no
person
or
persons
that
heretofore
hath
bin
,
or
that
at
any
time
hereafter
shal
be
in
due
form
of
the
law
attainted
or
conuicted
of
murther
Murther
.
of
malice
prepenced
,
Burglary
.
or
of
poisoning
Poysoning
.
of
malice
prepenced
,
or
of
breaking
of
any
house
by
day
or
by
night
,
any
person
being
then
in
the
same
house
,
where
the
said
breaking
hath
bin
,
or
shal
be
committed
,
heretofore
hath
bin
,
or
hereafter
shal
be
therby
put
in
feare
or
dread
,
or
of
,
or
for
robbing
of
any
person
or
persons
in
the
high
way
,
Robbery
in
the
high
way
.
or
néere
to
the
high
way
,
or
for
felonious
stealing
of
Horses
,
Stealing
of
horses
Sacriledge
.
Geldings
,
or
Mares
,
or
of
felonious
taking
of
any
goods
out
of
any
parish
church
,
or
chappel
,
or
being
indicted
or
appealed
of
any
of
the
same
offences
,
&
thereupon
found
guilty
by
verdict
of
xij
.
men
,
or
shall
confesse
the
same
vpon
his
or
their
arraignment
,
or
will
not
answere
directly
according
to
the
laws
of
this
realme
,
or
shal
stand
wilfully
or
of
malice
mute
,
shal
not
be
admitted
to
haue
or
enioy
the
priuiledge
or
benefit
of
his
Clergy
or
Sanctuary
,
but
shal
be
put
from
the
same
.
Clergy
allowed
in
all
other
felonies
.
And
that
in
all
other
cases
of
Felony
(
other
then
such
as
are
before
mentioned
)
all
and
singular
person
and
persons
which
shal
be
arraigned
,
or
found
guilty
vpon
his
or
their
arraignment
,
or
shal
confesse
the
same
,
or
stand
mute
in
forme
aforesaid
,
or
will
not
answer
directly
in
forme
aforesaid
,
shall
haue
&
enioy
the
priuiledge
and
benefit
of
his
or
their
Clergy
and
Sanctuary
,
in
like
maner
and
forme
as
he
or
they
should
or
might
haue
done
before
the
24.
of
Aprill
,
Anno
1.
H.
8.
25
Because
it
was
doubtfull
by
the
words
mentioned
in
the
foresaid
act
of
1.
Ed.
6.
12.
whether
that
any
person
being
in
due
forme
of
Law
found
guilty
,
or
otherwise
attainted
or
conuicted
for
felonious
stealing
of
one
Horse
,
Gelding
,
or
Mare
,
ought
to
be
admitted
to
haue
and
enioy
the
priuiledge
and
benefit
of
his
Clergy
or
Sanctuary
:
Therefore
by
a
stat.
made
Anno
2.
&
3.
Ed.
6.
St.
2.
&
3.
Ed.
6.
33.
it
is
declared
and
enacted
,
That
all
and
singular
person
and
persons
feloniously
taking
or
stealing
any
Horse
,
Stealing
one
Horse
.
Gelding
,
or
Mare
,
shall
not
be
admitted
to
haue
or
enioy
the
priuiledge
or
benefit
of
his
or
their
Clergy
or
Sanctuary
,
but
shal
be
put
from
the
same
,
in
like
manner
and
forme
,
as
though
he
or
they
had
bin
indicted
or
appealed
for
felonious
stealing
of
two
Horses
,
two
Geldings
,
or
two
Mares
of
any
others
,
and
thereupon
found
guilty
by
verdict
of
twelue
men
,
or
confessed
the
same
vpon
their
arraignment
,
or
stand
wilfully
or
of
malice
mute
.
But
he
that
is
accessary
to
the
stealing
of
Horses
or
Mares
,
Accessaries
to
stealing
of
Horses
.
shal
haue
the
benefit
of
his
Clergy
,
for
that
the
foresaid
statutes
shal
be
taken
strictly
,
P.
1.
M.
Dy.
99.
which
maketh
mention
expressely
but
of
the
principall
.
26
By
a
statute
made
Anno
5.
&
6.
Ed.
6.
St.
5.
&
6.
Ed.
6.
10.
St.
25.
H.
38.
St.
23.
H.
8.1
it
was
rehearsed
and
ordained
,
That
where
in
the
parliament
holden
at
Westminster
15.
die
Ianuarij
Ann
25.
H.
8.
it
is
recited
,
That
at
the
parliament
holden
at
West
.
ann
23.
H.
8.
amongst
other
things
it
was
ordained
,
That
no
person
or
persons
,
which
after
that
time
should
happen
to
be
found
guilty
after
the
lawes
of
this
land
of
any
manner
of
petit
Treason
,
or
for
any
wilfull
murther
of
malice
prepenced
,
or
for
robbing
of
any
Churches
,
Chappels
,
or
other
holy
places
,
or
for
robbing
of
any
person
or
persons
in
their
dwelling
houses
,
or
dwelling
places
,
the
owner
or
dweller
in
the
same
house
,
his
wife
,
children
,
or
seruants
then
being
within
,
and
put
in
feare
and
dread
by
the
same
:
Or
for
robbing
of
any
person
or
persons
in
or
néere
about
the
high
way
:
or
for
wilfull
burning
of
any
dwelling
houses
,
or
barnes
,
wherein
any
graine
or
corne
should
happen
to
be
:
nor
any
person
or
persons
being
found
guilty
of
any
abetment
,
or
procurement
,
helping
,
maintaining
,
or
concealing
of
or
to
any
such
petite
Treason
,
Murthers
,
or
Felonies
,
should
not
from
thenceforth
be
admitted
to
the
benefit
of
his
or
their
Clergy
,
but
should
be
vtterly
excluded
thereof
,
and
suffer
death
,
in
such
manner
and
forme
,
as
they
should
haue
done
for
any
the
causes
or
offences
abouesaid
,
if
they
were
not
Clerkes
.
Which
act
extended
but
only
where
such
offendor
was
conuicted
in
such
County
or
place
,
where
such
offence
was
so
committed
and
done
,
and
not
where
he
or
they
did
such
offence
in
one
County
,
and
were
taken
with
the
manoure
in
another
County
.
Wherefore
it
was
considered
,
That
for
as
much
as
diuers
and
many
Felons
and
Robbers
,
that
commit
and
do
diuers
&
many
great
heinous
robberies
&
burglaries
in
one
shire
,
&
conuey
the
spoile
and
robbery
into
any
other
shire
,
and
there
be
taken
,
indicted
,
and
arraigned
of
felonie
,
for
the
felonious
stealing
of
the
same
goods
,
in
the
same
other
Shire
than
where
the
same
Robberies
or
Burglaries
where
done
and
committed
,
and
not
of
the
same
Robberie
nor
Burglarie
,
for
that
it
was
not
done
nor
committed
in
the
same
Shire
where
they
bée
so
indicted
and
arraigned
,
and
that
by
reason
thereof
such
felons
,
robbers
,
and
burglarers
,
had
and
enioyed
the
priuiledge
and
aduantage
of
their
Clergie
:
For
redresse
whereof
it
was
enacted
in
the
same
Parliament
holden
in
the
sayd
fiue
and
twentieth
yeare
of
the
said
late
King
,
That
if
any
person
or
persons
,
after
that
time
,
after
such
robberies
or
burglarie
by
him
or
them
done
in
one
Countie
,
should
be
indicted
of
Felonie
,
for
stealing
of
any
goods
or
cattels
in
any
other
Countie
within
this
Realme
,
and
thereupon
arraigned
,
and
found
guiltie
,
or
stand
mute
of
malice
,
or
challenge
peremptorily
aboue
the
number
of
twentie
persons
,
or
would
not
vpon
his
or
their
arraignment
directly
answer
to
the
same
felonie
,
that
then
the
same
person
and
persons
so
arraigned
,
and
found
guiltie
,
or
standing
mute
of
malice
,
or
challenging
peremptorily
aboue
the
number
of
twentie
persons
,
or
that
would
not
directly
answer
to
the
law
,
should
loose
and
bée
put
from
the
benefit
of
his
or
their
Clergie
,
in
like
manner
and
forme
as
they
should
haue
béene
,
if
they
had
béene
indicted
,
arraigned
,
and
found
guiltie
in
the
same
Countie
where
such
robberie
or
burglarie
,
as
is
aforesayd
was
done
or
committed
,
if
it
should
appeare
to
the
Iustices
before
whom
any
such
felons
or
robbers
should
be
arraigned
by
euidence
giuen
before
them
,
or
by
examination
,
that
the
same
felons
or
burglarers
should
haue
béene
put
from
their
Clergie
,
in
case
they
had
béene
indicted
,
arraigned
,
and
found
guiltie
in
the
same
countie
where
the
same
robberies
or
burglaries
were
committed
or
done
,
as
in
the
same
statute
made
in
the
safd
fiue
and
twentieth
yere
among
other
things
more
plainely
appeareth
.
And
where
in
the
Parliament
holden
at
Westminster
,
St.
1.
E.
6.
12
the
fourth
day
of
Nouember
,
in
the
first
yeare
of
the
raigne
of
our
Soueraigne
Lord
the
King
that
now
is
,
it
is
ordayned
and
enacted
amongst
other
things
,
That
no
person
or
persons
that
before
that
time
had
béene
,
or
at
any
time
hereafter
should
bée
in
due
forme
of
law
attainted
or
conuicted
of
murder
of
malice
prepensed
,
or
of
poysoning
of
malice
prepensed
,
or
of
breaking
of
any
house
by
day
,
or
by
night
,
any
person
beeing
then
in
the
same
house
when
the
same
breaking
had
bin
,
or
after
that
time
should
bée
committed
,
béeing
put
in
feare
or
dread
,
or
of
or
for
robbing
of
any
person
or
persons
in
the
high
way
,
or
néere
the
high
way
,
or
for
felonious
stealing
of
Horses
,
Geldings
,
or
Mares
,
or
of
felonious
taking
of
any
goods
out
of
any
Parish
Church
,
or
other
Church
or
Chappell
,
or
béeing
indicted
or
appealed
of
any
of
the
same
offences
,
and
thereupon
found
guiltie
by
verdict
of
twelue
men
,
or
should
confesse
the
same
vpon
his
or
their
arraignement
,
or
would
not
answer
directly
according
to
the
lawes
of
this
Realme
,
or
should
stand
wilfully
or
of
malice
mute
,
should
not
bée
admitted
to
haue
or
enioy
the
priuiledge
or
benefit
of
his
or
their
Clergie
or
Sanctuarie
,
but
should
bée
put
from
the
same
.
And
that
in
all
other
cases
of
Felonie
(
other
than
such
as
be
before
mentioned
)
all
and
singular
person
and
persons
,
which
after
the
first
day
of
March
then
next
following
,
should
bée
arraigned
or
found
guiltie
vpon
his
or
their
arraignement
,
or
should
confesse
the
same
,
or
stand
mute
in
forme
aforesayd
,
or
would
not
answer
directly
in
forme
abouesayd
,
should
haue
and
enioy
the
priuiledge
and
benefit
of
his
or
their
Clergie
,
and
the
libertie
and
priuiledge
of
Sanctuarie
,
in
like
manner
and
forme
,
as
hée
or
they
might
or
should
haue
done
before
the
foure
and
twentieth
day
of
Aprill
,
in
the
first
yeare
of
the
raigne
of
the
sayd
late
King
Henrie
the
eight
,
as
in
the
sayd
Act
made
in
the
sayd
first
yeare
,
among
other
things
more
plainely
appeareth
.
By
reason
of
which
article
and
clause
,
contained
in
the
sayd
Act
made
in
the
sayd
first
yeare
,
the
sayd
Statute
made
in
the
sayd
fiue
and
twentieth
yeare
of
the
sayd
late
King
,
which
did
put
such
felons
and
burglarers
from
their
Clergie
,
that
doe
such
offence
in
one
Countie
,
and
after
are
taken
with
the
goods
stollen
in
another
Countie
,
and
there
indicted
,
arraigned
,
and
found
guiltie
,
was
made
void
:
By
reason
whereof
diuers
and
many
persons
that
sithence
the
sayd
first
yeare
,
haue
committed
such
Robberies
and
Burglaries
in
one
Countie
,
and
after
haue
béene
taken
with
the
manner
in
another
Countie
,
and
there
indicted
,
arraigned
,
and
found
guiltie
,
haue
had
and
enioyed
their
Clergie
,
which
they
could
not
haue
had
,
in
case
the
sayd
Act
made
in
the
sayd
fiue
and
twentieth
yeare
had
stood
in
force
,
to
the
great
boldening
and
comfort
of
such
offendors
:
Stealing
of
goods
in
one
County
,
and
carrying
them
into
another
.
Be
it
enacted
,
St.
5.
&
6.
E.
6.
10.
That
the
sayd
Act
made
in
the
sayd
fiue
and
twentieth
yeare
,
touching
the
putting
of
such
offendors
from
their
Clergie
,
and
euerie
article
,
clause
,
and
sentence
contained
in
the
same
,
touching
Clergie
,
shall
from
henceforth
touching
such
offences
to
be
committed
and
done
,
stand
,
remaine
,
and
be
in
full
strength
and
vertue
,
in
such
manner
and
forme
,
as
it
did
before
the
making
of
the
sayd
Act
made
in
the
said
first
yeare
of
the
raigne
of
our
said
Soueraigne
Lord
that
now
is
,
any
clause
,
article
,
or
sentence
comprised
in
the
said
Act
made
in
the
said
first
yeare
,
to
the
contrarie
thereof
notwithstanding
.
This
Statute
of
5.
&
6.
Ed.
6.
doth
not
reuiue
the
whole
before
rehearsed
Statute
of
25.
H.
8.
(
béeing
before
repealed
by
the
last
braunch
of
the
before
specified
Statute
of
1.
Ed.
6.
12.
)
but
reuiueth
onely
so
much
thereof
,
as
concerneth
the
stealing
of
goods
in
one
Countie
,
and
after
carying
them
into
another
Countie
,
as
it
appeareth
by
the
words
of
the
same
Statute
.
And
neither
the
sayd
Statute
of
25.
H.
8.
nor
this
Statute
of
5.
&
6.
Ed.
6.
doe
extend
to
Appeales
,
but
onely
to
Indictments
:
so
that
in
an
Appeale
brought
in
the
Countie
whither
the
goods
robbed
or
spoyled
were
carryed
,
if
the
defendant
be
conuict
thereof
,
the
defendant
may
haue
his
Clergie
at
this
day
.
27
By
a
Statute
made
Anno
5.
&
6.
E.
6.
St.
5.
&
6.
E.
6.
9.
it
was
rehearsed
and
established
,
That
whereas
at
the
Parliament
holden
at
Westminster
by
prorogation
anno
23.
H.
8.
St.
23.
H.
8.
1
it
was
then
and
there
among
other
things
ordained
,
That
no
person
or
persons
,
which
after
that
time
should
happen
to
be
found
guiltie
after
the
lawes
of
this
Realme
,
for
any
manner
petit
Treason
,
or
for
any
wilfull
murder
of
malice
prepensed
,
or
for
robbing
of
any
Churches
,
Chappels
,
or
other
holy
places
,
or
for
robbing
any
person
or
persons
in
their
dwelling
houses
,
or
dwelling
places
,
the
owner
or
dweller
in
the
same
house
,
his
wife
,
his
children
,
or
seruants
then
being
within
,
and
put
in
feare
or
dread
by
the
same
,
or
for
robbing
of
any
person
or
persons
in
or
néere
about
the
highwayes
,
or
for
wilfull
burning
of
any
dwelling
houses
,
or
barnes
,
wherein
any
graine
or
corne
shall
happen
to
be
:
nor
any
person
or
persons
being
found
guiltie
of
any
abetment
,
procurement
,
maintaining
,
or
concealing
of
any
,
or
to
any
such
Petit
treasons
,
murders
,
or
felonies
,
should
from
thenceforth
be
admitted
to
the
benefit
of
his
or
their
Clergie
,
but
vtterly
to
be
excluded
therof
,
&
suffer
death
in
such
maner
and
forme
as
they
should
haue
done
,
for
any
the
causes
or
offences
abouesaid
,
if
they
were
not
Clerkes
(
such
as
be
within
the
holy
orders
(
that
is
to
say
)
of
the
orders
of
Subdeacon
,
or
aboue
,
all
only
excepted
,
as
by
the
same
act
among
other
things
more
plainely
appeareth
)
the
which
act
was
made
to
endure
vntill
the
last
day
of
the
next
parliament
,
and
after
that
at
the
Session
of
the
parliament
holden
at
Westminster
by
prorogation
in
the
32.
St.
32.
H.
8.
3
yeare
of
the
raigne
of
the
said
late
king
,
the
same
act
with
other
acts
was
made
to
continue
for
euer
.
Sithence
the
making
of
which
statute
it
hath
béen
doubted
,
that
if
such
robberies
and
felonies
haue
bin
committed
and
done
in
dwelling
houses
and
dwelling
places
,
the
owner
or
dweller
in
the
same
house
,
his
wife
,
his
children
,
or
seruants
,
being
then
put
in
feare
or
dread
by
the
same
,
shal
not
lose
the
benefit
of
their
clergy
,
if
the
offendors
be
therein
found
guilty
by
the
laws
of
this
Realme
,
vnlesse
the
same
robbery
or
felony
be
committed
&
done
in
the
very
chamber
,
house
,
or
place
,
where
the
owner
or
dweller
in
the
same
house
,
his
wife
,
children
,
or
seruants
shall
happen
to
be
,
or
lie
at
the
time
of
such
robbery
and
felony
committed
&
done
,
and
put
in
feare
and
dread
,
although
the
owner
or
dweller
in
such
house
&
houses
,
his
wife
,
his
children
or
seruants
at
the
time
of
such
robbery
&
felony
committed
and
done
,
were
or
lay
in
other
places
within
the
precinct
of
the
same
dwelling
houses
,
nigh
vnto
the
house
or
place
where
such
robbery
&
felony
shall
happen
to
be
done
:
Or
if
it
happen
that
the
owner
or
dweller
within
the
same
house
where
such
robbery
&
felony
shal
happen
to
be
done
,
his
wife
,
children
,
or
seruants
to
be
asléepe
at
the
time
of
such
robbery
&
felony
committed
&
done
,
although
the
same
robbery
were
done
in
the
chamber
or
place
where
the
owner
or
dweller
in
the
same
house
,
his
wife
,
children
,
or
seruants
,
then
lay
,
the
offendors
being
found
guilty
thereof
,
according
to
the
lawes
of
the
land
,
should
not
loose
the
benefit
and
aduantage
of
his
clergy
.
And
where
also
it
hath
bin
in
question
,
and
doubted
,
that
if
such
robberies
&
felonies
happen
to
be
committed
and
done
in
any
booth
or
boothes
,
tent
,
or
tents
,
in
any
faire
or
market
,
the
owner
of
the
same
,
his
wife
,
children
,
or
seruants
happen
to
be
within
the
same
at
the
time
of
the
committing
of
such
felonies
,
and
put
in
feare
and
dread
,
the
offendors
therein
being
found
guilty
,
after
the
lawes
of
this
realme
,
should
not
loose
the
benefit
of
their
Clergy
.
For
the
true
declaration
&
explanation
of
the
same
doubts
or
questions
before
recited
,
St.
5.
&
6.
E.
6.
9.
be
it
enacted
,
Robbing
of
houses
.
That
if
it
happen
any
person
or
persons
to
be
found
guilty
according
to
the
laws
of
this
realme
,
for
robbing
of
any
person
or
persons
in
any
part
or
parcell
of
their
dwelling
houses
or
dwelling
places
,
the
owner
or
dweller
in
the
same
house
,
or
his
wife
,
his
children
,
or
seruants
,
being
then
within
the
same
house
or
place
,
where
it
shal
happen
the
same
robbery
and
felony
to
be
committed
&
done
,
or
in
any
other
place
within
the
precinct
of
the
same
house
,
or
dwelling
place
,
that
such
offendors
in
no
wise
shal
be
admitted
to
their
clergy
whether
the
owner
or
dweller
in
the
same
house
,
his
wife
,
or
children
,
then
and
there
being
,
shal
be
waking
or
sleeping
.
And
that
no
person
nor
persons
which
shall
happen
to
be
found
guilty
after
the
lawes
of
this
realme
,
of
,
&
for
robbing
any
person
or
persons
in
any
booth
or
tent
in
any
faire
,
Robbing
of
booths
or
tents
or
market
,
the
owner
,
his
wife
,
his
children
or
seruants
,
or
seruant
,
then
being
within
the
same
booth
or
tent
,
shall
not
from
henceforth
be
admitted
to
the
benefit
of
his
or
their
clergy
,
but
vtterly
be
excluded
thereof
,
and
suffer
death
in
such
manner
&
forme
as
is
before
mentioned
in
the
said
act
,
made
in
the
said
32.
yeare
of
the
raigne
of
the
same
late
king
for
robberies
and
felonies
committed
and
done
in
dwelling
houses
and
dwelling
places
,
the
owner
or
dweller
in
the
same
,
his
wife
,
children
or
seruants
then
being
within
the
same
,
and
put
in
feare
and
dread
,
without
hauing
any
respect
or
consideration
,
whether
the
owner
or
dweller
in
such
boothes
and
tents
,
his
wife
,
children
,
or
seruants
being
in
the
same
boothes
or
tents
,
at
the
time
of
such
robberies
and
felonies
committed
,
shal
be
sléeping
or
waking
.
This
statute
mentioneth
onely
where
one
is
found
guiltie
after
the
lawes
of
this
Realme
:
and
therefore
it
is
to
be
considered
,
if
the
offendor
doe
confesse
the
felonie
,
or
stand
mute
,
or
challenge
peremptorily
aboue
twentie
persons
,
or
will
not
answer
directly
to
the
felony
,
whether
he
shall
haue
his
clergy
or
not
,
because
he
is
out
of
the
words
of
this
statute
.
Also
this
statute
doth
not
take
away
the
benefit
of
Clergie
from
the
offendor
,
but
where
the
owner
,
his
wife
,
children
,
or
seruants
were
within
the
house
at
the
time
of
the
offence
committed
:
for
if
none
of
them
but
a
stranger
did
lye
within
the
house
by
the
licence
of
the
owner
,
at
the
time
of
the
offence
committed
,
then
is
the
offendor
out
of
the
danger
of
this
Statute
.
And
so
he
that
is
attainted
by
outlawrie
,
or
by
battell
,
Attainder
by
outlawrie
,
or
by
battell
.
is
out
of
the
cases
of
all
the
foresaid
statutes
which
doe
take
away
Clergy
.
One
was
indicted
,
for
that
he
did
feloniously
take
xl
.
s.
in
mony
numbred
,
5.
El.
Dyer
.
224
,
from
the
person
of
I.S.
and
he
had
his
Clergy
in
this
case
,
for
that
it
was
not
robberie
,
because
it
was
not
found
by
the
indictment
,
that
the
person
of
I.S.
was
put
in
feare
by
assault
and
violence
.
28
Because
diuers
lewd
persons
,
vnderstanding
that
the
penaltie
of
robbing
of
houses
in
the
day
time
(
no
person
being
in
the
house
at
the
time
of
the
robberie
)
is
not
so
penall
,
as
to
doe
a
robberie
in
any
house
,
any
person
béeing
therein
at
the
time
of
the
robberie
,
which
hath
and
doth
imbolden
seueral
lewd
persons
to
watch
their
opportunitie
and
time
to
commit
and
doe
many
haynous
robberies
,
in
breaking
and
entring
diuers
honest
persons
houses
,
and
specially
of
the
poorer
sort
of
people
,
who
by
reason
of
their
pouertie
are
not
able
to
kéepe
any
seruant
,
or
otherwise
to
leaue
any
body
to
look
to
their
house
when
they
go
abroad
to
heare
diuine
seruice
,
or
to
follow
their
worke
to
get
their
liuing
:
For
the
preuention
whereof
,
by
a
statute
made
Anno
39.
Elizab.
S.
39.
El.
25
it
was
enacted
,
That
if
any
person
or
persons
shall
bée
found
guilty
,
and
conuicted
by
verdict
,
confession
,
or
otherwise
,
according
to
the
lawes
of
this
Realme
,
for
the
felonious
taking
away
in
the
day
time
,
Robbing
a
house
in
the
day
time
.
of
any
money
,
goods
,
or
cattell
,
being
of
the
value
of
fiue
shillings
or
vpward
,
in
any
dwelling
house
,
or
houses
,
or
any
part
thereof
,
or
any
outhouse
,
or
outhouses
,
belonging
and
vsed
to
and
with
any
dwelling
house
or
houses
,
although
no
person
shall
bée
in
the
sayd
house
or
outhouses
,
at
the
time
of
such
felonie
committed
:
then
such
person
and
persons
shall
not
be
admitted
to
the
benefit
of
his
or
their
clergy
,
but
shall
bée
vtterly
excluded
thereof
.
Commandement
or
counsell
of
felonies
.
29
By
the
statute
made
Anno
4.
&
5.
P.
&
M.
St.
4
&
5.
P.
&
M.
4.
it
was
enacted
,
That
al
and
euery
person
and
persons
that
shall
malitiously
commaund
,
hyre
,
or
counsell
any
person
or
persons
to
commit
or
doe
any
Petit
Treason
,
wilfull
murder
,
or
to
do
any
robbery
in
any
dwelling
house
or
houses
,
or
to
do
or
commit
any
robberie
in
or
néere
any
highway
in
the
Realme
of
England
,
or
in
any
other
the
Quéenes
Dominions
:
or
to
commit
or
doe
any
robberie
in
any
place
within
the
Marches
of
England
,
against
Scotland
:
or
wilfully
to
burne
any
dwelling
house
,
or
any
part
therof
:
or
any
barne
then
hauing
corne
or
graine
in
the
same
:
then
euery
such
offendor
and
offendors
,
and
euery
of
them
,
being
outlawed
of
the
same
,
or
being
thereof
arraigned
and
found
guiltie
by
the
order
of
the
law
,
or
being
otherwise
lawfully
attainted
or
conuicted
of
the
same
offence
,
or
being
arraigned
thereof
,
do
stand
mute
of
malice
or
froward
mind
,
or
doe
challenge
peremptorily
aboue
the
number
of
xx
.
persons
,
or
will
not
answer
directly
to
such
offence
,
shall
not
haue
the
benefit
of
his
or
their
clergy
.
Euery
Lord
and
Péere
of
the
realme
hauing
place
and
voyce
in
Parliament
,
vpon
euery
indictment
for
any
of
the
offences
aforesaid
,
shall
bee
tryed
by
his
Péeres
.
A
man
was
indicted
of
the
robberie
of
another
in
his
mansion
house
,
P.
2.
Eliz.
Dyer
183.
he
being
in
his
house
,
and
put
in
feare
:
And
another
was
indicted
,
for
that
he
did
feloniously
before
the
sayd
robberie
procure
and
counsell
the
principall
to
commit
the
sayd
robberie
:
in
which
indictment
of
the
accessorie
,
this
word
(
malitiously
)
was
omitted
:
Malitiously
omitted
in
the
indictment
.
for
the
default
of
which
word
,
this
accessorie
had
his
clergie
,
for
this
word
(
malitiously
)
shall
haue
relation
to
all
the
aforesaid
offences
of
Petit
treason
,
murder
,
robberie
,
and
burning
of
houses
.
30
By
the
before
specified
Statute
of
Anno
1.
Ed.
6.
St.
1.
E.
6.
12
Where
a
Lord
of
the
Parliament
shal
haue
the
benefit
of
his
Clergie
.
among
other
things
it
is
enacted
,
That
in
all
and
euerie
case
and
cases
,
where
any
of
the
kings
subiects
shall
and
may
vpon
his
praier
,
haue
the
priuiledge
of
Clergie
,
as
a
Clerke
conuict
that
may
make
purgation
:
in
all
those
cases
,
and
euerie
of
them
,
and
also
in
all
and
euerie
case
and
cases
of
felonie
,
wherein
the
priuiledge
or
benefit
of
Clergie
is
restrained
,
excepted
,
or
taken
away
by
this
Statute
(
wilfull
murder
and
poysoning
of
malice
prepenced
only
excepted
)
the
Lord
and
Lords
of
the
Parliament
,
S
,
Br.
24.
and
Péere
and
Péers
of
the
Realme
hauing
place
and
voice
in
Parliament
,
shall
by
vertue
of
this
Act
,
of
common
grace
,
vpon
his
or
their
requests
and
prayer
,
alledging
that
he
is
a
Lord
or
Péere
of
this
Realme
,
claiming
the
benefit
of
this
Act
,
though
he
cannot
read
,
without
burning
in
the
hand
,
losse
of
inheritance
,
or
corruption
of
his
bloud
,
be
adiudged
,
déemed
,
taken
,
and
vsed
,
for
the
first
time
onely
,
to
all
constructions
,
intents
,
and
purposes
,
as
a
Clerke
conuict
,
which
may
make
purgation
,
without
any
further
or
other
benefit
of
Clergie
,
to
any
such
Lord
or
Péer
from
thenceforth
,
at
any
time
after
,
for
any
cause
to
be
allowed
,
adiudged
,
or
admitted
:
Any
law
,
custome
,
statute
,
or
other
thing
to
the
contrarie
notwithstanding
.
By
this
Statute
a
Lord
of
the
Parliament
shall
haue
the
priuiledge
of
his
Clergie
,
where
a
common
person
shall
not
,
viz.
for
the
breaking
of
a
house
by
day
or
night
,
or
for
robbing
of
any
in
the
highway
,
and
in
all
other
cases
excepted
in
the
sayd
statute
of
Anno
1.
Ed.
6.
sauing
in
wilfull
murder
and
poysoning
.
But
in
all
other
cases
wherein
Clergie
is
taken
away
by
any
statute
made
sithence
the
sayd
statute
of
Anno
1.
Ed.
6.
he
is
in
the
same
degrée
that
a
common
and
inferiour
person
is
.
But
the
Court
will
not
giue
him
the
benefit
of
this
statute
,
if
he
doth
not
require
it
.
If
a
Lord
of
the
Parliament
doth
confesse
his
offence
vpon
his
arraignment
,
or
doth
abiure
,
or
is
outlawed
for
felony
,
it
séemeth
that
in
these
cases
he
may
haue
the
benefit
of
this
statute
,
viz.
his
Clergie
:
for
that
by
the
Statute
of
18.
Elizab.
6.
hée
nor
any
other
need
to
make
his
purgation
,
but
shall
bée
forthwith
deliuered
out
of
prison
by
the
Iustices
:
sed
quaere
.
31
In
all
the
foresaid
cases
of
wilfull
murder
,
breaking
of
houses
,
The
indictment
must
been
according
to
the
statute
.
robbing
in
or
néere
the
highway
,
buggerie
,
stabbing
,
and
such
like
,
where
a
man
is
put
out
of
his
Clergie
by
statute
,
it
is
necessarie
,
that
in
the
indictment
mention
should
he
made
of
the
offence
,
in
such
manner
as
the
same
offence
is
expressed
in
the
statute
,
P.
9.
Eliz.
Dyer
261.
or
otherwise
the
offendor
shall
haue
his
Clergie
:
for
if
the
indictment
be
onely
murdrauit
,
without
adding
ex
malitia
praecogitata
,
the
partie
meant
to
be
indicted
of
wilfull
murder
,
shall
haue
his
Clergie
;
and
so
of
all
the
residue
:
for
his
attainder
or
conuiction
is
vpon
the
matter
contained
in
the
appeale
or
indictment
:
and
if
in
the
appeale
or
indictment
no
matter
is
contained
which
doth
put
him
out
of
his
Clergie
,
then
it
cannot
be
sayd
that
hée
is
attaint
or
conuict
of
any
matter
contained
in
the
Statute
,
which
should
cause
him
to
loose
the
benefit
thereof
.
And
the
Iudge
is
to
haue
speciall
regard
and
consideration
,
when
those
words
be
put
into
the
indictment
,
that
they
which
do
giue
euidence
do
proue
the
same
words
well
and
substantially
,
The
words
of
the
indictment
to
be
proued
.
as
well
as
the
principall
fact
:
and
if
they
doe
not
,
the
Iudge
is
to
admonish
the
Iurie
thereof
,
viz.
that
there
is
no
proofe
of
those
words
by
the
euidence
,
and
that
therefore
they
are
not
bound
to
find
them
,
if
they
doe
not
know
them
of
their
owne
knowledge
.
Or
otherwise
for
default
of
good
examination
,
the
life
and
lands
of
any
man
may
be
lost
by
the
malice
of
another
which
will
put
false
words
in
an
indictment
,
that
cannot
be
proued
by
euidence
.
When
Clergy
shal
be
demanded
.
32
By
the
auntient
law
of
the
Realme
,
if
a
Clerke
of
any
order
or
dignitie
had
béene
taken
for
the
death
of
a
man
,
or
other
felonie
or
offence
,
and
imprisoned
,
and
the
Ordinarie
had
demaunded
him
,
Bracton
.
the
temporall
Iudge
ought
to
haue
deliuered
him
presently
to
the
Ordinarie
,
his
Officiall
,
or
to
some
other
by
his
warrant
,
without
inquiring
of
him
,
viz.
before
his
indictment
:
Not
to
the
intent
that
the
Ordinarie
should
set
him
at
libertie
,
but
kéepe
him
in
prison
vntill
the
offendor
were
purged
of
his
cryme
:
For
it
was
then
holden
for
law
,
that
the
King
could
not
kéepe
him
in
prison
,
whom
hée
could
not
iudge
,
neither
could
hée
disgrade
any
of
his
Clergie
,
because
hée
could
not
admit
any
to
his
Clergie
.
But
because
the
Statute
of
Westminst.
1.
St.
W.
3.
E.
1
doth
ordaine
,
That
they
which
bée
indicted
of
Felonie
in
the
Kings
Court
,
by
the
solemne
othe
of
lawfull
witnesses
,
shall
bée
deliuered
to
the
Ordinarie
vpon
his
request
,
according
to
the
priuiledge
of
holy
Church
,
but
yet
in
no
manner
without
due
purgation
:
Fitz.
Cor.
233.
386.
417.
M.
40.
E.
3
,
42.
Therefore
they
that
came
after
this
Statute
,
chaunged
the
sayd
auntient
law
,
for
they
would
not
deliuer
the
prisoner
vnto
the
Ordinarie
,
vntill
hée
was
indicted
,
and
also
arraigned
,
and
that
it
was
enquired
by
an
Enquest
of
Office
,
whether
hée
were
guiltie
or
not
.
In
which
case
,
if
he
were
found
not
guiltie
,
they
would
discharge
him
:
and
if
he
were
found
guiltie
,
his
goods
should
bée
forfeited
,
his
lands
taken
into
the
Kings
hands
,
and
his
bodie
deliuered
to
the
Ordinarie
.
And
the
cause
of
chaunging
this
law
was
,
that
the
Ordinarie
might
take
greater
charge
of
the
prisoner
,
being
now
indicted
,
than
before
,
and
to
benefit
the
King
by
the
forfeiture
of
the
prisoners
goods
,
and
to
bréed
a
greater
feare
in
Clerkes
after
,
that
they
should
not
offend
.
Which
alteration
was
obserued
for
law
,
vntill
the
raigne
of
King
Henry
the
sixt
,
at
which
time
the
Iudges
would
not
admit
a
prisoner
to
demaund
his
Clergie
vpon
his
arraignment
,
but
put
himselfe
first
to
answer
to
the
Felonie
,
and
if
hée
were
found
guiltie
of
the
Felonie
,
at
his
owne
suit
,
then
to
heare
him
demaund
his
Clergie
,
and
not
before
:
3.
H.
7.
1.
&
12.
which
is
a
more
reasonable
law
than
the
former
:
for
before
hee
should
haue
forfeited
his
goods
vpon
an
Enquest
of
Office
,
whereunto
hée
could
haue
no
challenge
:
and
now
he
shal
be
tryed
at
his
owne
suit
,
and
shall
haue
his
challenge
to
the
Enquest
:
and
then
if
he
be
found
guiltie
,
hée
shall
forfeit
his
goods
:
and
for
the
sauing
of
his
life
and
his
lands
,
hée
is
to
pray
his
Clergie
.
Which
hath
bin
vsed
euer
sithence
,
and
is
obserued
for
law
at
this
time
,
vnlesse
the
prisoner
himselfe
will
refuse
the
benefit
thereof
,
and
pray
to
haue
his
booke
,
without
hearing
the
verdict
:
As
if
a
prisoner
after
an
Enquest
is
charged
vpon
him
,
Clergy
demanded
before
verdict
.
and
before
their
returne
againe
,
will
say
that
he
is
a
Clerke
,
and
desire
his
booke
at
his
perill
:
in
this
case
the
Court
hath
allowed
him
his
Clergie
,
and
yet
after
hath
receiued
a
verdict
,
as
well
in
fauour
of
life
,
as
in
fauour
of
the
King
,
for
if
he
be
found
not
guiltie
,
the
prisoner
shall
be
discharged
,
and
if
he
bée
found
guiltie
,
the
King
shall
haue
his
goods
as
forfeit
:
And
the
request
of
his
booke
in
that
case
,
is
more
for
the
prisoners
disaduantage
than
the
Kings
,
for
it
may
bée
a
meane
that
the
Iurie
vnderstanding
thereof
,
will
the
rather
find
him
guiltie
of
the
felonie
,
than
otherwise
they
would
haue
done
.
26.
Ass.
p.
19
33
If
a
prisoner
doe
say
,
that
hée
is
no
Clerke
,
Denying
to
be
a
Clerke
,
and
yet
is
.
yet
after
if
before
iudgement
hée
doe
pray
his
Clergie
(
where
Clergie
is
allowable
by
the
law
)
and
then
doth
read
as
a
Clerke
,
hée
shall
haue
his
Clergie
,
notwithstanding
his
former
words
.
But
it
hath
béene
a
question
,
Whether
clergie
is
allowable
without
request
.
whether
the
Iudges
ought
to
allow
any
man
his
Clergie
without
praying
of
it
,
though
the
offendor
be
indicted
by
the
name
of
Priest
,
Fi.
Cor.
254
Clerke
,
&c.
or
that
by
some
other
meanes
the
Iudges
themselues
doe
know
that
hée
is
a
Clerke
,
or
that
without
praying
of
his
Clergie
they
shall
giue
iudgement
of
death
against
him
.
And
in
this
case
some
doe
affirme
,
that
if
the
prisoner
doth
not
pray
his
Clergie
,
hée
shall
not
haue
it
,
though
the
Iudge
doth
vpon
his
owne
priuat
knowledge
vnderstand
that
hée
is
a
Clerke
:
for
the
Iudge
must
in
those
cases
procéed
according
to
his
iudiciall
knowledge
,
and
as
by
record
things
bée
found
,
proued
,
and
tryed
before
him
,
and
not
according
to
his
owne
naturall
knowledge
,
And
they
bée
the
rather
so
induced
to
thinke
by
the
words
of
the
aforesayd
statute
of
1.
Edw.
6.
St.
1.
E.
6.
12
which
ordayned
,
That
a
Péere
of
the
Realme
shall
(
vpon
request
)
haue
the
benefit
of
his
Clergie
,
and
so
inferre
,
that
without
request
he
shall
not
haue
it
,
nor
any
other
without
request
,
which
is
to
haue
it
vpon
request
.
34
The
temporall
Court
shall
be
Iudge
to
allow
or
disallow
of
Clergy
,
Who
shall
allow
of
clergy
.
and
not
the
Ordinary
:
15.
H.
7.
9.
for
it
was
entred
into
the
roll
of
the
court
,
legit
vt
Clericus
,
ideo
tradatur
Ordinario
,
by
which
words
it
doth
appear
,
that
the
court
doth
giue
allowance
therof
:
for
the
felony
being
the
act
which
is
committed
is
temporal
,
and
the
Iudge
which
did
commit
him
to
the
Ordinary
is
temporal
,
&
so
is
the
authority
wherby
he
did
commit
him
.
And
the
Ordinary
should
haue
bin
punished
if
before
the
stat.
of
18.
Eli.
St.
18.
El.
6.
he
had
letten
to
baile
or
at
liberty
any
prisoner
committed
to
him
,
or
if
he
had
imprisoned
him
too
straitly
,
or
too
easily
,
or
would
not
haue
suffered
him
to
haue
made
his
purgation
:
and
in
that
case
the
king
might
haue
sent
his
Writ
vnto
the
Ordinarie
,
commaunding
him
to
suffer
his
prisoner
to
make
his
purgation
,
or
might
haue
pardoned
him
,
or
set
him
at
liberty
,
Fitz.
Cor.
44.
17
without
making
his
purgation
:
and
if
one
read
as
a
Clerke
,
and
yet
the
Ordinarie
will
refuse
him
,
notwithstanding
hee
shall
haue
the
benefite
of
his
Clergie
:
and
on
the
other
side
,
if
the
Ordinarie
will
say
that
hee
doth
read
as
a
Clerke
,
whereas
in
truth
hee
doth
not
read
as
a
Clerke
,
the
Court
must
giue
iudgement
that
hée
shall
bee
hanged
,
and
cause
execution
to
bee
done
of
him
.
And
further
to
prooue
,
that
the
Temporall
Court
is
Iudge
of
the
reading
,
the
Court
doth
appoint
the
verse
or
place
to
the
prisoner
to
read
,
and
not
the
Ordinarie
:
And
also
doth
set
a
fine
vpon
the
Ordinary
,
34.
H.
6.
49.
21.
Ed.
4.
21.
9.
E.
4.
28.
for
saying
that
the
prisoner
doth
read
as
a
Clerk
,
where
he
doth
not
,
which
the
court
could
not
do
,
if
the
reading
were
referred
to
the
Ordinarie
.
A
felon
doth
read
vnder
the
gallowes
.
35
If
a
felon
doth
not
read
as
a
Clerke
before
the
Iudge
at
the
time
of
his
arraignment
,
whereupon
he
is
adiudged
to
be
hanged
,
yet
in
fauor
of
life
,
34.
H.
6.
49.
if
hée
arraignment
,
whereupon
he
is
adiudged
to
be
hanged
,
yet
in
fauor
of
life
,
if
hée
do
demand
it
at
another
time
vnder
the
gallows
if
any
of
the
Iudges
do
passe
that
way
,
and
doth
read
as
a
Clerke
,
he
shall
haue
the
benefit
of
his
Clergie
,
although
there
be
no
Ordinary
there
to
demaund
him
:
But
this
is
in
case
where
the
felon
is
arraigned
and
iudged
before
the
Iust.
of
the
K.
Bench
;
3.
&
4.
El.
Dy.
fo.
205.
or
else
in
case
where
he
is
arraigned
and
iudged
before
the
Iust.
of
gaole
deliucrie
,
and
it
is
entred
by
the
Court
,
non
legit
vt
Clericus
,
and
then
for
some
cause
he
is
repried
vntill
the
next
Session
,
and
then
againe
he
is
demanded
if
he
can
read
,
and
then
he
can
and
doth
read
:
in
this
case
he
shall
haue
his
Clergy
in
fauor
of
life
.
And
though
he
was
taught
to
read
in
the
gaole
,
this
shall
saue
his
life
,
but
the
gaoler
shal
be
punished
for
it
.
36
The
Court
vpon
the
suit
of
the
prisoner
may
allow
him
the
priuiledge
of
his
Clergie
in
the
absence
of
the
Ordinarie
,
or
without
the
aduice
of
the
Ordinarie
,
or
without
demanding
of
the
Ordinary
,
vtrum
legit
vt
Clericus
an
non
:
9.
E.
4.
28
and
so
the
court
néed
not
expect
the
presence
of
the
Ordinary
,
if
he
faile
of
his
attendance
:
for
the
court
doth
vse
the
Ordinary
but
as
a
minister
in
this
cause
,
to
confirme
their
iudgement
in
allowance
of
Clergie
,
and
to
heare
his
opinion
,
if
the
prisoner
be
worthy
of
Clergy
or
not
:
To
what
vse
the
Ordinarie
is
imployed
.
Because
the
maner
and
order
is
,
for
the
Ordinary
to
deliuer
a
booke
to
the
Iust.
who
open
it
,
and
assigne
the
verse
that
the
prisoner
shall
read
:
and
the
Ordinary
receiuing
the
booke
of
the
Iustices
,
doth
come
to
the
prisoner
,
and
command
him
to
read
that
verse
,
which
béeing
done
,
the
court
doth
demand
of
the
Ordinary
,
vtrum
legit
vt
Clericus
an
non
?
and
the
Ordinarie
doth
answer
,
legit
,
or
non
legit
:
and
then
the
court
doth
allow
that
which
the
Ordinarie
saith
,
if
it
be
true
,
or
otherwise
not
.
And
moreouer
the
Ordinarie
was
in
former
times
vsed
by
the
Iustices
to
another
purpose
,
viz.
to
know
if
the
prisoner
were
within
orders
or
not
,
which
the
temporall
court
could
not
take
knowledge
of
,
for
if
he
were
within
orders
,
he
should
haue
had
the
priuiledge
of
the
church
,
whether
he
did
read
or
not
,
by
shewing
the
letters
of
his
orders
,
or
by
the
Ordinaries
certificat
,
vntill
the
stat.
of
anno
28.
H.
8.
St.
28.
H.
8.
1
was
made
,
by
the
which
it
was
ordained
,
That
such
as
be
within
holy
orders
,
shal
be
and
stand
vnder
the
paines
and
damages
for
their
offences
,
and
be
vsed
and
ordered
to
all
intents
,
Clerks
within
Orders
shal
be
vsed
as
others
be
.
as
other
persons
not
being
within
holy
orders
shall
be
.
And
further
,
it
may
be
that
the
offendor
hath
bin
a
committer
of
sacriledge
,
an
heretike
,
or
an
Apostata
,
or
some
other
grieuous
offendor
,
so
that
the
court
hearing
the
Ordinary
willing
to
refuse
him
,
would
also
refuse
him
.
What
is
reading
as
a
Clerke
.
37
There
is
a
difference
of
reading
,
for
it
may
be
that
the
prisoner
may
read
two
or
thrée
words
of
the
verse
that
is
assigned
vnto
him
by
the
court
,
but
not
the
whole
verse
,
which
is
a
kind
of
reading
,
9.
Ed.
4.
28.
but
not
such
a
reading
as
a
Clerke
ought
to
make
:
for
if
hée
will
read
as
a
Clerke
,
hée
must
read
the
whole
verse
.
But
although
at
the
first
hée
beginneth
with
spelling
,
and
after
doth
read
as
a
Clerke
,
yet
in
fauour
of
life
he
shal
be
allowed
for
a
Clerke
,
and
the
forme
of
entry
vpon
request
of
Clergie
,
4.
Eliz.
Dyer
215.
is
,
Et
tradito
ei
libro
,
legit
vt
clericus
.
38
Though
the
Court
may
giue
allowance
of
Clergie
in
the
Ordinaries
absence
,
yet
that
shall
not
excuse
the
Ordinary
of
his
attendance
The
Ordinaries
attendāc●
in
proper
person
,
or
by
his
deputie
,
vpon
paine
of
a
fine
to
be
assessed
vpon
him
by
the
Court
:
which
deputy
ought
to
haue
and
bring
with
him
sufficient
letters
of
the
Ordinarie
,
vnder
his
seale
,
testifying
the
authoritie
which
the
Ordinary
hath
giuen
him
:
25.
E.
3.
40.
And
though
his
warrant
be
but
to
challenge
Clerkes
arraigned
(
and
not
Clerks
conuicted
)
yet
the
warrant
is
good
ynough
,
and
shal
be
allowed
.
Contention
who
is
Ordinarie
.
And
if
two
seuerall
persons
do
claime
to
be
Ordinaries
,
the
Court
ought
not
to
allow
either
of
them
,
but
must
write
to
the
Metropolitan
to
make
certificat
who
of
right
ought
to
be
Ordinarie
.
Fi.
Cor.
432
39
He
that
is
indicted
by
the
name
of
a
Clerke
,
A
Priest
shall
haue
●o
fetters
.
or
appeareth
to
the
Iudge
to
be
a
Priest
,
shall
not
vpon
his
arraignment
stand
at
the
bar
in
fetters
.
And
so
was
the
law
in
antient
time
for
euery
prisoner
,
as
Britton
Britton
.
reporteth
.
40
Bigamie
in
times
past
was
a
counterplea
to
clergy
,
viz.
to
alledge
,
that
he
who
demandeth
the
priuiledge
of
his
clergy
,
was
maried
to
such
a
woman
,
at
such
a
place
,
within
such
a
dioces
,
and
that
the
said
woman
dyed
,
and
that
he
maried
another
woman
in
such
a
place
in
the
same
or
another
dioces
,
and
so
hée
is
Bigamus
:
Or
if
he
hath
béene
but
once
maried
,
to
say
,
that
she
which
hée
maried
was
a
widow
,
and
before
had
bin
the
wife
of
such
a
man
:
which
allegation
should
haue
bin
tried
by
the
bishop
of
the
dioces
where
the
mariage
was
alledged
to
be
solemnized
:
And
it
being
certified
by
the
bishop
,
that
he
was
Bigamus
,
the
prisoner
should
haue
béene
put
from
his
clergie
:
Which
was
by
a
Constitution
made
at
the
Counsell
of
Lions
,
as
it
appeareth
by
the
stat.
of
Bigamie
,
made
anno
4.
Ed.
1.
St.
4.
Ed.
1.
5.
for
before
that
Counsell
of
Lions
,
euery
man
that
had
bin
twice
maried
,
or
had
maried
a
widow
,
should
haue
had
the
priuiledge
of
clergie
.
But
that
law
was
sithence
altered
by
the
stat.
of
anno
1.
Ed.
6.
St.
1.
E.
6.
12
wherby
it
is
enacted
,
Bigamus
shal
haue
his
Clergie
.
That
if
any
person
or
persons
by
this
stat.
or
by
any
other
stat.
or
lawes
of
this
realme
,
S.
Br.
24.
ought
to
haue
or
to
be
admitted
to
the
benefit
of
his
or
clergie
,
that
the
same
person
or
persons
shal
be
from
henceforth
admitted
and
allowed
to
haue
his
or
their
clergy
,
although
they
or
any
of
them
haue
bin
diuers
and
sundrie
times
maried
to
any
single
woman
or
single
women
,
or
to
any
widow
of
widowes
,
or
to
two
wiues
,
or
mo
:
Any
law
,
statute
,
or
vsage
,
to
the
contrarie
notwithstanding
.
And
though
,
some
haue
affirmed
,
that
the
foresaid
stat.
of
1.
Ed.
6.
St.
1.
Ed.
6.
was
abrogated
by
a
braunch
of
a
stat.
made
1.
&
2.
P.
&
M.
8.
which
did
repeale
all
stat.
prouisions
,
and
articles
made
against
the
sea
of
Rome
,
since
the
xx
.
yere
of
K.
H.
8.
and
the
Pope
by
his
decretals
brought
in
the
same
exception
of
Bigamy
,
which
was
obserued
and
obeyed
as
a
common
law
,
vntill
the
said
stat.
of
1.
E.
6.
But
that
foresaid
stat.
of
1.
&
2.
P.
&
M.
8.
was
also
after
repealed
by
the
stat.
of
an
.
1.
El.
1.
for
the
which
and
some
other
causes
,
it
is
agréed
and
holden
for
law
,
3.
Eliz.
Dyer
fol.
201.
that
the
before
rehearsed
stat.
of
1.
Ed.
6.
doth
stand
and
remaine
in
force
,
and
Bigamus
shall
haue
his
Clergie
.
41
It
is
a
good
counterplea
to
him
who
demaundeth
his
Clergy
,
to
say
,
Another
time
conuict
.
that
he
had
another
time
the
benefit
of
his
Clergie
,
when
he
was
arraigned
of
another
felony
,
and
shew
the
certainty
therof
,
when
and
where
he
was
arraigned
,
and
had
his
Clergie
,
to
demaund
iudgement
if
hée
shall
haue
his
Clergie
againe
:
Which
counterplea
was
ordayned
by
the
statute
of
Anno
4.
H.
7.
St.
4.
H.
7.
13
for
by
the
common
law
,
if
a
man
had
once
enioyed
the
benefit
of
his
Clergie
for
felonie
,
and
after
committed
felonie
againe
,
yet
he
should
haue
had
the
priuiledge
of
his
Clergie
againe
,
and
so
often
as
hée
had
committed
felony
,
vntil
the
said
statute
did
restraine
him
by
these
words
:
viz.
Where
vpon
trust
of
the
priuiledge
of
the
church
,
diuers
persons
haue
bin
the
more
bold
to
commit
murder
,
rape
,
robberie
,
theft
,
and
all
other
mischiuous
déeds
,
because
they
haue
béen
continually
admitted
to
the
benefit
of
their
clergie
,
as
oft
as
they
did
offend
in
any
of
the
premisses
:
In
auoidance
of
such
presumptuous
boldnesse
,
it
is
ordained
,
That
euerie
person
(
not
being
within
orders
)
which
once
hath
bin
admitted
to
the
benefit
of
his
Clergie
eftsoones
arraigned
of
any
such
offences
,
be
not
admitted
to
haue
the
benefit
or
priuiledge
of
his
clergy
:
and
that
euery
such
person
so
conuicted
for
murder
,
How
the
conuict
shal
be
marked
.
to
be
marked
with
an
M.
vpon
the
brawne
of
the
left
thumb
,
&
if
it
be
for
felony
,
the
same
person
to
be
marked
with
a
T.
in
the
same
place
of
the
thumb
:
&
these
markes
to
be
made
by
the
gaoler
openly
in
the
court
before
the
Iudge
,
before
such
person
be
deliuered
to
the
Ordinarie
.
Prouided
alwayes
,
if
any
person
at
the
second
time
of
asking
his
clergie
,
because
hee
is
within
orders
,
hath
not
there
ready
his
letters
of
his
orders
,
or
a
certificat
of
his
Ordinarie
witnessing
the
same
,
that
then
the
Iustices
before
whom
hee
is
so
arraigned
,
shall
giue
him
a
day
by
their
discretion
,
to
bring
in
his
said
letters
or
certificat
.
And
if
he
faile
,
and
bring
not
in
at
such
a
day
his
said
letters
,
nor
certificat
,
then
the
same
person
to
loose
the
benefit
of
his
clergie
,
as
he
shall
doe
that
is
without
orders
.
By
which
stat.
it
doth
appeare
,
that
he
that
is
within
orders
is
excepted
,
and
that
he
may
haue
his
clergie
the
second
time
,
vpon
the
shewing
of
his
letters
of
orders
,
or
his
Ordinaries
certificat
of
the
same
,
this
statute
notwithstanding
.
But
after
by
the
statute
made
Anno
28.
H.
8.
&
32.
H.
8.
St.
28.
H.
8.
1
&
32.
H.
8.
3
it
was
enacted
,
How
offendors
that
be
within
orders
shal
be
vsed
.
That
all
such
persons
as
be
,
or
shall
be
within
holy
orders
,
which
by
the
lawes
of
this
Realme
ought
or
may
haue
their
clergie
for
any
felonies
,
and
shal
be
admitted
to
the
same
,
shal
be
burned
in
the
hand
,
in
like
maner
and
forme
as
lay
Clerkes
béene
accustomed
in
such
cases
,
and
shall
suffer
and
incurre
after
,
all
such
paines
,
damages
,
and
forfeitures
,
and
bee
ordered
and
vsed
for
their
offences
of
felony
,
to
all
intents
and
purposes
,
as
lay
persons
admitted
to
their
clergie
,
be
,
or
ought
to
be
ordered
and
vsed
by
the
lawes
and
statutes
of
this
Realme
:
Any
lawes
,
statutes
,
prouisions
,
customes
,
&c.
notwithstanding
.
The
force
and
effect
of
part
of
which
said
statutes
of
28.
H.
8.
&
32.
H.
8.
is
in
some
sort
attenuated
by
a
braunch
of
the
stat.
of
Anno
1.
Ed.
6.
St.
1.
E.
6.
12
S.
Br.
24.
(
as
some
do
conceiue
it
)
which
doth
ordaine
,
That
in
all
other
cases
(
sauing
such
as
be
mentioned
in
the
sayd
Act
)
all
and
singular
person
&
persons
,
which
shall
be
arraigned
,
or
found
guiltie
vpon
his
or
their
arraignement
,
or
should
confesse
the
same
,
or
stand
mute
,
or
would
not
answer
directly
,
should
haue
and
enioy
the
priuiledge
and
benefit
of
his
and
their
clergie
,
the
libertie
and
priuiledge
of
Sanctuarie
,
in
like
manner
and
forme
,
as
he
or
they
might
or
should
haue
done
before
the
foure
and
twentieth
day
of
Aprill
,
Anno
1.
H.
8.
at
which
time
a
man
within
orders
should
haue
had
the
priuiledge
of
his
clergie
seuerall
times
:
And
by
this
Statute
he
shall
not
be
burned
in
the
hand
as
a
lay
man
shall
.
But
yet
in
all
those
cases
wherein
a
man
is
put
out
of
his
Clergie
,
by
the
Statute
of
Anno
1.
Ed.
6.
and
also
in
all
other
cases
wherein
Clergie
is
taken
away
by
any
Statute
made
sithence
Anno
primo
Edw.
6.
a
man
within
orders
is
as
well
put
out
of
his
Clergie
,
as
a
lay
man
,
euery
of
those
Statutes
being
generall
and
without
exception
.
42
Because
diuers
persons
haue
béene
in
times
past
indicted
,
arraigned
,
and
some
of
them
Clerkes
conuict
,
and
some
of
them
Clerkes
attainted
,
and
some
of
them
outlawed
for
Murder
,
Burglarie
,
Robberie
,
and
other
Felonies
,
before
Iustices
of
Peace
,
Iustices
of
Gaole
deliuerie
,
and
Iustices
of
Oyer
and
Terminer
,
within
diuers
,
Cities
,
Counties
,
Franchises
and
Liberties
within
this
Realme
:
The
records
of
which
attainders
,
outlawries
,
and
conuictions
,
many
times
by
the
negligence
of
the
Clerke
of
the
Crowne
,
Clerke
of
the
Peace
,
Clerke
of
Assise
,
and
such
other
as
haue
had
the
order
,
rule
,
kéeping
,
and
gouernance
of
the
same
Records
,
haue
béene
imbeciled
,
and
not
readie
to
be
obiected
against
such
persons
as
haue
béen
newly
arraigned
before
the
King
in
his
Bench
,
or
before
other
the
Kings
Iustices
,
for
the
like
and
such
other
offences
by
them
committed
or
done
:
And
for
that
it
hath
not
béene
knowne
certainely
,
whither
to
resort
for
the
same
Records
,
because
they
were
not
certified
into
any
place
certaine
,
by
reason
whereof
sometimes
such
persons
and
like
offendors
,
which
haue
béene
newly
arraigned
,
as
is
aforesayd
,
haue
had
the
benefit
of
his
or
their
Clergie
,
where
they
ought
not
,
ne
should
haue
had
the
same
,
if
the
said
Records
had
béene
then
present
in
the
same
place
where
such
person
or
persons
were
so
newly
arraigned
,
or
else
certified
into
some
other
place
certaine
,
where
the
same
Records
might
haue
bin
séen
,
sent
for
,
or
written
for
,
to
haue
béene
obiected
against
such
person
or
persons
so
newly
arraigned
,
whereby
as
well
the
King
,
as
also
all
other
persons
,
haue
many
times
lost
their
Escheats
,
and
other
aduantages
and
forfeitures
,
that
they
should
haue
had
by
meane
of
the
sayd
attainders
,
to
the
great
losses
of
the
King
and
other
persons
:
and
also
the
sayd
offendors
haue
had
their
Clergie
,
where
they
ought
not
to
haue
had
,
to
the
great
boldnesse
and
encouragement
of
like
offendors
:
For
the
reformation
whereof
by
a
Statute
made
Anno
34.
&
35.
H.
8.
St.
34.
&
35.
H.
8.
14.
it
was
enacted
,
That
the
Clerke
of
the
Crowne
,
Certificat
into
the
K.
bench
of
outlawries
,
attainders
,
&
conuictions
.
Clerke
of
the
Peace
,
and
Clerkes
of
Assise
for
the
time
being
,
where
any
such
attainder
,
outlawrie
,
or
conuiction
shall
so
bée
had
,
shall
not
onely
certifie
a
Transcript
briefly
and
in
few
words
,
containing
the
tenor
and
effect
of
euerie
such
indictment
,
outlawrie
,
or
conuiction
,
and
Clerke
attainted
,
before
them
so
to
be
had
,
made
,
or
pronounced
,
that
is
to
say
,
the
name
,
sirname
,
and
addition
of
euerie
such
person
and
persons
,
as
shall
be
so
indicted
,
and
thereupon
outlawed
,
conuicted
,
or
Clerke
attainted
:
and
the
certaintie
of
the
sayd
felonie
,
or
other
offence
,
whereupon
he
or
they
shal
be
so
outlawed
,
conuicted
,
or
Clerke
attainted
,
and
the
day
and
place
of
his
outlawrie
,
conuiction
,
and
attainder
,
and
the
day
and
place
where
and
when
the
said
felony
or
other
offence
whereupon
the
said
person
or
persons
shal
be
so
indicted
,
outlawed
,
or
Clerke
attainted
,
shall
be
made
and
done
,
before
the
K.
in
his
bench
at
West
.
in
the
county
of
Midd.
there
to
remaine
of
record
for
euer
,
among
other
the
K.
records
there
,
within
xl
.
daies
next
after
any
such
attainder
,
conuiction
,
or
outlawrie
shall
be
had
,
made
,
or
procured
(
if
the
terme
be
then
)
&
if
not
,
within
xx
.
dayes
next
after
the
beginning
of
the
terme
next
following
the
said
xl
.
daies
,
but
also
shall
deliuer
a
transcript
of
euerie
such
indictment
,
whereupon
the
said
person
&
persons
shal
fortune
hereafter
so
to
be
conuicted
,
or
Clerkes
attainted
,
to
the
Ordinary
,
to
whom
the
body
of
the
said
person
or
persons
shall
be
committed
,
at
the
time
that
the
sayd
person
or
persons
shall
bee
committed
,
the
sayd
Ordinarie
paying
to
euerie
such
Clerke
as
shall
write
the
sayd
Transcript
,
for
euerie
copie
of
such
indictment
,
twelue
pence
for
his
paines
,
vpon
paine
that
euery
Clerke
of
the
Crowne
,
Clerke
of
the
peace
,
and
Clerke
of
Assise
for
the
time
being
,
before
whom
such
Indictment
,
Attainder
,
Outlary
,
or
Conuiction
shal
be
so
had
,
made
,
pronounced
,
or
remaine
,
for
the
non-certifying
of
euery
such
record
,
and
deliuering
of
the
copy
of
such
Indictment
to
the
said
Ordinaries
,
according
to
this
statute
,
to
loose
and
forfeit
forty
shillings
,
the
one
moity
thereof
to
be
to
the
king
,
and
the
other
moity
to
him
that
will
sue
for
the
same
,
by
action
of
Debt
,
Bill
,
Information
,
or
otherwise
,
in
any
of
the
kings
Courts
of
Record
,
wherein
no
Wager
of
Law
,
Essoine
,
or
Protection
shal
be
allowed
:
and
the
clerke
of
the
Crowne
in
the
kings
Bench
shall
receiue
the
said
certificats
and
transcripts
at
such
time
as
they
shall
be
tendered
and
profered
vnto
them
by
the
said
clerkes
of
the
Crowne
,
clerkes
of
the
peace
,
and
clerkes
of
assise
,
or
by
their
deputy
or
deputies
,
without
taking
any
thing
for
the
same
,
vpon
paine
of
forfeiture
of
forty
shillings
for
euery
such
certificat
by
him
refused
.
Prouided
alwaies
,
that
if
there
be
any
more
persons
contained
and
named
in
any
such
Indictment
other
then
such
person
so
attainted
,
conuicted
,
or
outlawed
,
that
then
such
clerke
of
the
crowne
,
clerke
of
assise
,
or
clerke
of
peace
,
with
whom
the
record
of
such
attainder
,
outlary
,
or
conuiction
shall
remaine
,
shall
within
the
time
before
in
this
act
limitted
certifie
the
transcript
of
such
indictment
,
outlarie
,
or
conuiction
onely
concerning
such
person
or
persons
so
indicted
and
attainted
,
outlawed
,
or
conuicted
into
the
kings
Bench
at
Westminster
,
as
is
aforesaid
:
which
transcript
so
certified
shall
be
had
and
taken
as
good
,
effectuall
,
and
auaileable
in
the
Law
,
to
all
intents
and
purposes
,
against
such
person
and
persons
,
against
whom
it
shall
be
so
obiected
,
alledged
,
or
pleaded
,
as
if
the
very
record
thereof
,
whereupon
he
or
they
were
so
indicted
,
were
there
present
.
And
be
it
enacted
&c.
That
the
said
clerke
of
the
crowne
in
the
kings
Bench
,
for
the
time
being
,
shall
at
all
such
times
as
the
Iustices
of
Gaole
Deliuerie
or
Iustices
of
Peace
in
euery
County
within
this
Realme
of
England
doe
write
vnto
him
for
the
names
of
such
persons
,
which
be
so
attainted
by
Outlarie
,
or
clerkes
attainted
or
conuicted
,
and
certified
into
the
said
Bench
,
shall
incontinently
without
delay
certifie
the
said
names
and
surnames
of
the
said
persons
,
with
the
causes
why
and
wherefore
they
were
conuict
or
attainted
,
vnto
the
Iustices
of
Gaole
deliuery
,
or
Iustices
of
Peace
,
vpon
paine
and
penalty
to
forfeit
for
euery
name
of
such
persons
which
shall
be
so
written
for
,
and
not
certified
by
the
said
Clerk
of
the
Crowne
in
the
Kings
Bench
to
the
said
Iustices
,
fortie
shillings
.
Prouided
,
that
this
Act
,
nor
any
thing
therein
contained
,
shall
not
extend
to
the
Clerkes
of
the
Crowne
,
Clerkes
of
the
Peace
,
Clerkes
of
Gaole
deliuerie
,
neither
to
any
of
the
Prenotaries
within
the
Counties
of
Wales
and
Chester
,
or
within
the
Counties
Palantine
of
Lancaster
and
Duresme
,
or
any
of
them
,
to
make
any
transcript
of
any
such
attainder
,
conuiction
,
or
outlawrie
of
any
person
or
persons
conuicted
,
attainted
,
or
outlawed
,
before
the
Kings
Iustices
of
his
Counties
of
Wales
nor
Chester
,
or
Countie
of
Lancaster
,
Duresme
,
or
any
of
them
,
but
that
the
same
Records
shall
and
may
remaine
and
be
in
the
custodie
and
kéeping
of
the
sayd
Clerkes
and
Prenotaries
,
in
such
maner
and
wise
as
they
are
at
this
day
:
this
Act
or
any
thing
therein
contained
to
the
contrarie
notwithstanding
.
43
Though
the
deliuering
of
him
to
the
Ordinarie
who
hath
the
benefit
of
his
Clergie
,
and
making
of
purgation
,
bée
taken
away
the
Statute
of
18.
Eliz.
6.
yet
because
both
deliuering
to
the
Ordinarie
,
and
making
of
purgation
were
vsed
by
the
space
of
many
generations
in
this
realme
,
and
seuerall
lawes
,
statutes
,
and
some
prouinciall
councells
were
made
and
ordained
,
touching
the
ordering
,
direction
,
and
gouernance
of
those
which
as
Clerks
conuict
or
attaint
were
committed
to
the
Ordinary
,
and
were
to
make
purgation
,
or
not
:
I
will
therefore
briefly
set
downe
the
effect
of
some
of
those
laws
,
as
antiquitie
did
retaine
them
.
He
which
had
the
priuiledge
of
his
Clergie
,
and
was
deliuered
to
the
Ordinarie
that
did
demaund
him
,
was
not
set
at
libertie
,
to
goe
wandring
vp
and
downe
the
Countrie
,
but
was
safely
and
straitly
kept
in
the
Bishoppes
prison
,
In
what
sort
a
clerke
deliuered
to
the
Ordinarie
was
vsed
.
hauing
for
foode
vppon
the
Sonday
bread
,
ale
,
and
pease
,
and
vpon
all
the
other
daies
,
courser
bread
,
and
small
drinke
once
in
the
day
onely
(
or
in
the
Kings
prison
,
if
the
Bishop
would
haue
it
so
)
vntill
hée
had
purged
himselfe
of
the
crime
wherewith
hée
was
charged
,
or
otherwise
had
failed
of
his
purgation
and
could
not
make
it
.
And
if
the
Bishop
would
not
admitte
him
to
make
his
purgation
,
then
the
King
would
direct
his
Writte
to
the
Bishoppe
,
commaunding
him
to
suffer
the
same
prisoner
to
make
his
purgation
:
15.
H.
7.
19.
or
the
King
at
his
pleasure
might
pardon
the
prisoner
,
or
cause
him
to
be
set
at
libertie
without
making
any
purgation
.
And
when
a
Clerke
was
to
make
his
purgation
,
the
King
was
to
be
made
priuie
thereunto
,
who
did
direct
his
Writ
to
the
Shirife
of
the
countie
where
the
offendor
was
prisoner
,
commaunding
him
to
make
proclamation
through
his
Countie
,
that
if
any
man
could
shew
cause
why
such
an
offendor
,
viz.
A.
B.
prisoner
in
the
Kings
or
Bishoppes
prison
should
not
make
his
purgation
,
that
then
he
should
appeare
such
a
day
,
and
in
such
a
place
,
and
shew
the
same
cause
.
And
in
London
the
Preacher
at
Paules
Crosse
did
likewise
notifie
,
that
A.
B.
The
manner
of
making
purgation
.
prisoner
in
such
a
prison
was
to
make
his
purgation
in
such
a
Diocesse
,
at
such
a
place
,
vpon
such
a
day
:
at
which
day
assigned
,
whether
any
crime
or
not
;
to
giue
euidence
against
him
,
they
vsed
to
bring
forth
the
prisoner
,
and
to
arraigne
him
of
the
principall
fact
,
and
if
hée
pleaded
or
saide
that
hée
was
not
guiltie
thereunto
,
then
an
Enquest
of
Clerkes
was
charged
.
And
if
by
the
saide
Enquest
of
Clerkes
he
was
found
not
guilty
of
the
same
offence
,
then
he
was
set
at
libertie
:
and
if
hée
were
found
guiltie
,
he
was
disgraded
.
There
be
two
sorts
of
Clerkes
,
whereof
the
one
is
a
Clerke
conuict
,
and
the
other
is
a
Clerke
attainted
.
A
Clerke
conuict
A
Clerke
conuict
.
is
hée
who
praieth
his
Clergie
before
Iudgement
be
giuen
against
him
of
death
,
and
hath
his
Clergie
allowed
vnto
him
:
such
a
Clerke
before
the
Statute
of
18.
Elizab.
might
haue
made
his
purgation
,
sauing
in
certaine
especiall
cases
.
As
a
common
thiefe
could
not
make
his
purgation
,
Fi.
Cor.
247
notwithstanding
that
hée
were
but
a
Clerke
conuict
:
for
it
is
better
for
the
common
wealth
to
haue
such
an
incorrigible
person
continually
to
remaine
in
prison
than
to
goe
at
libertie
to
doe
more
hurt
.
Fi.
Cor.
417
And
likewise
,
a
Monke
that
was
a
Clerke
conuict
,
should
haue
béene
deliuered
to
his
Abbot
,
to
haue
remained
in
the
Abbey
continually
,
without
making
his
purgation
.
Fi.
Cor.
109
147.
And
also
in
an
appeale
,
if
the
Defendant
had
béene
conuict
by
verdict
,
and
had
enioyed
his
Clergie
as
a
Clerke
conuict
,
he
should
not
haue
made
his
purgation
:
for
if
hée
had
made
his
purgation
,
then
the
Plaintife
in
the
appeale
should
haue
recouered
his
goodes
without
cause
,
for
that
by
the
purgation
it
doth
appeare
that
hée
was
not
guiltie
of
the
felonie
.
A
Clerke
attainted
Clerke
attainted
.
is
he
who
praieth
his
Clergie
after
Iudgement
of
felonie
giuen
of
him
:
Such
a
Clerke
could
not
haue
made
his
purgation
,
for
that
when
he
was
condemned
of
felony
by
iudgement
,
hée
could
not
contrarie
to
that
Iudgement
be
purged
thereof
;
that
iudgement
remaining
in
force
:
and
therefore
there
was
none
other
remedy
for
him
,
but
to
purchase
the
Kings
pardon
,
or
else
hée
must
haue
remained
in
prison
during
his
life
.
And
whether
this
Iudgement
of
death
did
follow
either
vpon
Confession
before
the
Coroner
,
Clergie
after
Confession
.
vpon
abiuration
,
or
before
the
Iustices
vpon
his
arraignement
,
or
vpon
triall
by
verdict
of
twelue
men
,
if
this
iudgement
were
once
giuen
,
hée
should
not
after
make
his
purgation
.
And
though
,
after
his
confession
of
the
felony
,
and
before
Iudgement
giuen
against
him
thereupon
,
he
doth
pray
his
Clergie
,
he
shall
haue
it
,
and
might
haue
made
his
purgation
:
for
that
the
confession
being
before
a
secular
Iudge
,
who
is
not
his
Iudge
,
is
voide
.
And
for
that
cause
the
statute
of
Articuli
Cleri
cap.
16.
doth
ground
,
St.
9.
E.
2.
16
That
an
approuer
Approuer
.
shall
haue
the
benefit
of
his
Clergie
:
and
yet
he
hath
confessed
his
offence
before
a
secular
Iudge
.
And
it
is
not
to
be
interpreted
that
the
benefit
of
this
Statute
is
to
be
extended
onely
to
saue
the
approuers
life
,
and
not
to
set
him
at
libertie
by
making
his
purgation
,
for
then
hée
should
haue
but
part
of
the
benefit
of
Clergie
,
and
not
the
whole
which
is
contrary
to
the
saide
Statute
of
Articuli
Cleri
:
If
an
approuer
had
waiued
his
appeale
,
&
holden
him
to
his
Clergie
;
he
should
haue
made
his
purgation
,
Fi.
Cor.
128
because
the
Temporall
court
doth
dismisse
him
,
as
a
man
in
whom
it
hath
no
iurisdiction
:
which
waiuer
of
the
appeale
did
not
waiue
the
confession
that
hée
had
made
before
.
27.
H.
6.
7
13.
E.
4.
3
Fi.
Cor.
56
247
And
though
an
approuer
in
some
Cases
should
not
haue
made
his
purgation
,
yet
that
was
in
such
cases
onely
,
where
he
did
not
pray
his
Clergie
vntill
Iudgement
was
giuen
against
him
of
felonie
.
If
one
that
shall
abiure
the
Realme
for
felony
,
had
come
againe
into
the
Realme
without
the
Kings
licence
,
whereupon
he
was
taken
and
brought
to
the
Barre
,
and
that
it
was
demaunded
of
him
,
whie
hée
should
not
be
put
to
death
,
and
he
had
demaunded
his
Clergie
,
and
that
was
allowed
:
yet
he
should
not
haue
béene
deliuered
to
the
Ordinarie
,
but
sent
to
prison
againe
,
Fi.
Cor.
155
vntill
hée
had
obtained
the
Kings
pardon
.
For
Clergie
would
haue
serued
him
for
the
felonie
,
but
not
to
excuse
the
contempt
which
he
made
by
comming
againe
into
the
Realme
without
the
Kings
licence
:
But
it
had
béene
otherwise
if
he
had
prayed
his
Clergie
at
the
time
when
he
fled
to
the
Church
.
By
the
entrie
into
the
Roule
of
the
Court
which
made
mention
of
the
prisoners
deliuerie
to
the
Ordinarie
,
In
whom
rested
the
making
of
purgation
.
it
appeareth
,
that
the
making
,
or
not
making
of
purgation
did
rest
much
in
the
Temporall
Court
,
and
not
in
the
Ordinarie
:
for
if
he
were
not
to
make
his
purgation
,
then
the
entrie
was
,
Quod
talis
commissus
est
Ordinaria
absque
purgatione
facienda
:
and
if
hée
were
to
make
his
purgation
,
then
the
wordes
,
Absque
purgatione
facienda
were
omitted
:
and
in
all
cases
where
the
Temporall
court
had
determined
that
purgation
did
not
lie
(
as
in
the
case
of
Clerke
attaint
,
or
such
like
)
if
the
Ordinarie
had
admitted
the
prisoner
to
haue
made
purgation
,
and
thereby
set
him
at
libertie
,
Escape
for
suffering
purgation
.
he
should
haue
bin
charged
with
an
escape
:
for
the
authority
whereby
he
was
committed
to
prison
,
was
temporall
,
and
he
receiued
him
from
the
temporall
court
,
or
otherwise
the
Ordinary
could
not
haue
retained
him
in
prison
.
And
therefore
the
temporall
court
had
somewhat
to
doe
with
setting
him
at
libertie
out
of
prison
.
If
one
had
béene
conuicted
of
diuerse
felonies
,
and
had
béene
admitted
to
his
Clergie
,
in
that
case
hée
ought
to
haue
made
purgation
for
them
all
.
But
the
force
of
the
foresaide
Lawes
,
Fi.
Cor.
232
touching
committing
of
clerkes
to
the
Ordinary
,
and
making
of
purgation
is
alterd
by
the
before
mentioned
statute
of
Anno
18.
Eliz.
St.
18.
El.
6
whereby
it
was
enacted
,
That
euerie
person
and
persons
which
shall
be
admitted
and
allowed
to
haue
the
benefit
or
priuiledge
of
his
or
their
Clergie
,
shall
not
thereupon
be
deliuered
to
the
Ordinarie
,
as
hath
béene
accustomed
,
but
after
such
Clergie
allowed
and
burning
in
the
hand
,
St.
4.
H.
7.
13
according
to
the
statute
in
that
behalfe
prouided
,
shall
forthwith
be
enlarged
&
deliuered
out
of
prison
by
the
Iustices
before
whom
such
Clergie
shall
be
graunted
,
that
cause
notwithstanding
.
Clergie
allowed
without
deliuery
to
the
Ordinarie
.
Prouided
neuerthelesse
,
that
the
Iustices
before
whom
any
such
allowance
of
Clergie
shal
be
had
,
shall
and
may
for
the
further
correction
of
such
persons
to
whom
Clergie
shall
be
allowed
,
detaine
and
kéepe
them
in
prison
,
for
such
conuenient
time
,
as
the
same
Iustices
in
their
discretions
shall
thinke
conuenient
,
so
as
the
same
doe
not
excéede
one
yeeres
imprisonment
:
Any
lawe
or
vsage
heretofore
had
to
the
contrary
in
any
wise
notwithstanding
.
❧
The
Kings
Pardon
.
THe
Kings
Pardon
is
a
barre
to
an
Indictment
of
treason
or
felonie
:
which
graunting
of
Pardon
is
one
of
the
most
ancient
and
honourable
prerogatiues
that
is
annexed
to
the
Imperiall
Crowne
of
this
Realme
,
being
an
authoritie
in
a
sort
to
reuiue
a
dead
man
,
and
to
continue
him
in
life
,
whom
the
Lawe
adiudged
to
die
.
And
it
is
only
granted
vpon
a
good
hope
that
the
king
hath
of
the
amendment
of
the
life
of
that
subiect
,
who
hath
offended
his
lawes
,
and
whose
crime
his
owne
conscience
doth
assure
him
that
he
may
pardon
,
notwithstanding
his
othe
taken
at
his
coronation
,
(
which
othe
is
,
that
he
will
to
the
vttermost
of
his
power
,
cause
equall
and
right
iustice
to
be
done
in
all
iudgements
,
and
discretion
in
mercy
and
truth
:
)
for
as
Bracton
Bracton
saith
:
The
King
at
his
coronation
,
The
Kings
oath
at
his
coronation
by
an
oathe
taken
in
the
name
of
Iesus
Christ
the
sonne
of
God
,
ought
to
promise
his
subiects
thrée
things
:
The
first
,
that
he
will
commaund
,
and
doe
his
whole
indeuour
during
his
raigne
,
that
true
peace
may
be
performed
to
the
Church
of
God
,
and
all
his
people
:
The
second
,
that
he
will
by
all
meanes
restraine
euery
kind
of
rapine
and
oppression
:
The
third
,
that
in
all
Iudgements
he
will
commaund
iustice
and
mercie
to
be
obserued
,
that
by
his
mercifull
dealing
with
others
,
the
God
of
mercie
may
take
commiseration
vpon
him
,
and
that
by
his
iustice
all
his
people
may
enioy
peace
.
2
Because
authoritie
to
remitt
and
pardon
Treasons
,
Murders
,
Manslaughters
and
other
felonies
,
with
diuers
others
of
the
most
ancient
prerogatiues
,
and
authorities
of
Iustice
,
appertaining
to
the
imperiall
Crowne
of
this
Realme
,
were
seuered
and
taken
from
the
saide
Crowne
,
by
sundrie
gifts
of
the
Kings
of
this
Realme
,
to
the
great
diminution
and
detriment
of
the
royall
estate
of
the
same
,
and
to
the
hindrance
and
delay
of
iustifie
:
For
reformation
whereof
,
by
a
statute
made
Anno
27.
H.
8.
St.
27.
H.
8.
25.
it
was
enacted
,
That
no
person
or
persons
,
of
what
estate
or
degree
soeuer
they
be
,
shall
haue
anie
power
or
authoritie
to
pardon
or
remit
any
treasons
,
None
but
the
king
shal
pardon
treasons
,
felonies
,
&c.
murders
,
manslaughters
or
felonies
whatsoeuer
they
be
:
nor
any
accessories
to
any
treasons
,
murders
,
manslaughters
,
or
felonies
:
or
any
outlawries
for
any
such
offences
aforesaid
,
committed
,
done
,
or
diuulged
,
by
,
or
against
any
person
or
persons
in
any
parts
of
this
Realme
,
or
Wales
,
or
the
Marches
of
the
same
.
But
that
the
King
his
heires
and
successors
kings
of
this
Realme
,
shall
haue
the
whole
and
sole
power
and
authoritie
thereof
vnited
and
knit
to
the
imperiall
crowne
of
this
realme
,
as
of
good
right
and
equitie
it
appertaineth
:
any
graunts
,
vsages
,
Acts
of
parliament
,
or
any
other
thing
to
the
contrary
notwithstanding
.
3
But
because
the
Kings
of
this
Realme
haue
not
had
that
circumspection
in
graunting
of
pardons
,
which
Bracton
doth
thinke
fit
,
and
haue
béene
many
times
deceiued
in
their
grants
by
false
suggestions
:
and
for
that
offendors
in
times
past
were
greatly
encouraged
,
and
lesse
feared
to
offend
,
in
respect
that
pardons
of
manslaughters
,
robberies
,
felonies
,
and
other
trespasses
against
the
Peace
,
were
so
easily
graunted
:
For
the
redresse
whereof
,
by
a
statute
made
Anno
2.
Ed.
3.
St.
2.
Ed.
3.
2
it
was
ordained
,
In
which
cases
onely
the
K.
may
grant
pardon
of
felonie
,
&c.
That
no
such
charters
should
be
graunted
,
but
where
the
King
may
doe
it
by
his
oathe
,
that
is
to
say
,
in
case
where
a
man
doth
kill
an
other
in
his
owne
defence
,
or
by
misfortune
:
which
laide
Statute
was
after
rehearsed
and
confirmed
by
an
other
Statute
made
Anno
4.
Ed.
3.
St.
4.
E.
3.
13
And
also
by
another
Statute
made
Anno
14.
Ed.
3.
St.
14.
Ed.
3.
10.
the
effect
of
the
same
was
rehearsed
and
confirmed
,
and
it
was
moreouer
ordained
,
That
if
any
charter
of
pardon
were
from
thenceforth
graunted
contrarie
to
the
purport
of
the
said
Statutes
,
that
then
the
same
should
be
accompted
as
voide
.
4
And
though
there
be
wordes
large
enough
in
the
foresaide
Statutes
to
make
frustrate
all
those
charters
of
pardon
,
which
be
graunted
against
the
forme
of
the
same
Statutes
:
Non
obstante
in
a
pardon
.
yet
by
putting
into
the
Charters
of
pardon
these
wordes
,
viz.
Non
obstante
aliquo
statuto
,
actu
,
ordinatione
in
contrarium
edito
,
the
force
of
those
Statutes
be
cleane
taken
away
,
and
not
onely
of
those
,
but
also
of
all
other
in
which
this
clause
of
Non
obstante
is
inserted
:
for
it
is
a
dispensation
of
the
Statute
,
and
commonly
put
in
euerie
Letters
patents
.
But
because
the
Kings
of
this
Realme
,
were
oft
times
deceiued
in
granting
of
charters
of
pardon
,
by
the
false
and
vntrue
suggestion
of
others
:
Therefore
,
to
auoide
those
abuses
,
by
a
Statute
made
Anno
27.
Ed.
3.
St.
27.
E.
3.
2
it
was
accorded
,
That
in
euery
charter
of
pardon
of
felonie
,
The
suggestion
comprised
in
the
pardon
.
which
shall
be
graunted
at
the
suggestion
of
any
person
;
the
suggestion
,
and
the
name
of
him
that
maketh
it
,
shall
be
comprised
in
the
same
charter
.
And
if
after
the
suggestion
be
found
vntrue
,
the
Charter
shall
be
disallowed
,
and
accounted
nothing
worth
:
And
the
Iustices
before
whom
such
Charters
shall
be
alleaged
,
shall
enquire
of
the
same
suggestions
,
and
if
they
finde
them
vntrue
,
they
shall
disallow
the
Charters
,
and
procéede
further
as
the
Lawe
requireth
.
5
Because
the
Commons
did
complaine
in
Parliament
of
the
outrages
,
mischiefes
,
and
dammages
which
did
come
to
the
Realme
,
by
treasons
,
murders
,
&
rauishments
of
women
commonly
done
&
committed
,
and
the
rather
,
for
that
charters
of
pardon
were
too
easily
granted
thereof
:
and
did
desire
the
King
,
that
such
charters
of
pardon
might
no
more
be
granted
in
those
Cases
.
Whereunto
the
K.
did
answer
,
that
he
would
yéeld
to
their
petition
,
sauing
the
prerogatiue
,
and
regal
authority
,
which
his
progenitors
before
that
time
had
:
And
to
the
intent
that
the
King
would
be
certainely
informed
before
,
of
what
offences
he
did
graunt
pardon
;
Therefore
by
a
Statute
made
Anno
13.
R.
2.
St.
13.
R.
1.
1
Stat.
2.
the
King
did
graunt
with
the
assent
of
the
Parliament
,
That
no
Charter
of
pardon
shall
be
allowed
before
any
Iustice
for
murder
,
The
offences
shall
be
specified
in
the
pardon
.
for
the
death
of
a
man
slaine
by
awaite
,
assault
,
or
malice
prepensed
,
treason
,
or
rape
of
a
woman
,
vnlesse
the
same
murder
,
death
of
a
man
slaine
by
awaite
,
assault
,
or
malice
prepensed
,
treason
,
or
rape
of
a
woman
be
specified
in
the
same
Charter
.
And
if
a
Charter
of
the
death
of
a
man
be
alleadged
before
any
Iustice
,
in
which
Charter
it
is
not
specified
,
that
hée
of
whose
death
any
such
is
arraigned
,
was
murdered
or
slaine
by
awaite
,
assault
,
or
malice
prepensed
,
the
same
Iustices
shall
enquire
by
a
good
Enquest
of
the
visne
where
the
dead
was
slaine
,
if
hée
were
murdered
,
or
slaine
by
awaite
,
assault
,
or
malice
prepensed
.
And
if
they
shall
find
,
that
he
was
murdered
or
slaine
by
await
,
assault
,
or
malice
prepensed
,
the
charter
shal
be
disalowed
,
and
further
therein
shal
be
done
as
the
Law
requireth
:
which
saide
stat.
was
after
confirmed
by
the
statute
of
Anno
16.
R.
2.
St.
16.
R.
2.
6
1.
Ed.
3.
24
And
therefore
,
whereas
,
if
a
man
before
this
Statute
,
had
counterfeited
the
Kings
great
or
priuy
Seale
,
and
the
King
had
pardoned
him
all
felonies
,
homicides
,
robberies
,
and
other
trespasses
;
by
the
common
Lawe
his
pardon
should
haue
béene
allowed
,
and
he
discharged
,
which
sithence
would
not
be
allowed
,
vnlesse
the
treason
were
specified
in
the
charter
of
pardon
.
6
For
that
many
common
and
notorious
Théeues
indited
of
seuerall
felonies
,
murders
,
and
rapes
in
diuers
countries
,
and
vpon
the
same
,
as
well
before
the
Kings
Iustices
,
as
before
the
King
himselfe
,
being
arraigned
of
the
same
felonies
,
for
the
sauing
of
their
liues
,
did
in
times
past
become
approuers
,
to
the
intent
,
that
in
the
meane
time
by
Brocage
,
and
great
gifts
bestowed
vpon
certaine
persons
,
they
might
purchase
and
obtaine
their
charters
of
pardon
:
and
then
after
their
deliuerance
became
more
notorious
Théeues
,
than
they
were
before
:
for
the
redresse
whereof
,
and
to
the
intent
to
punish
him
with
discredit
and
forfeture
who
pursueth
such
a
charter
,
there
was
a
statute
made
Anno
5.
H.
4.
St.
5.
H.
4.
2
which
doth
ordaine
,
Sute
for
an
Approuers
pardon
.
That
if
any
man
or
woman
doe
desire
or
pursue
,
or
cause
to
be
requested
or
pursued
for
any
charter
of
pardon
,
for
any
felon
arraigned
of
felonie
,
murder
,
or
rape
,
which
for
the
safegard
of
his
life
doth
become
an
approuer
:
then
the
name
of
him
or
her
which
pursueth
such
charter
,
shal
be
put
in
the
same
charter
,
making
mention
that
the
same
charter
is
graunted
at
his
request
and
instance
.
And
if
he
to
whom
the
charter
is
granted
,
after
his
deliueraunce
becommeth
a
felon
,
the
same
person
who
pursued
for
his
charter
,
shall
forfeit
a
hundred
pounds
,
to
be
leuied
to
the
Kings
vse
.
Pardon
of
the
felonie
,
but
not
of
the
attainder
7
If
a
man
be
attainted
of
felonie
,
9.
Ed.
4.
28.
11.
H.
4.
15
46.
Fi.
Cor.
124
S.
Abiuration
15
and
the
King
doth
pardon
him
all
feloni●s
,
this
is
not
sufficient
,
neither
wil
it
auaile
him
,
because
in
the
charter
there
is
no
pardon
of
the
attainder
.
As
one
abiured
the
Realme
for
the
death
of
a
man
,
and
returned
againe
without
the
Kings
licence
,
and
beeing
brought
to
the
barre
,
he
pleaded
the
kings
pardon
,
and
because
it
made
no
mention
of
his
a●iuca●ion
,
which
was
his
attainder
,
it
was
disalowed
.
If
the
King
do
by
Act
of
parliament
grant
a
generall
pardon
of
all
felonies
,
except
burglarie
,
Co.
l.
6.
13
and
an
offendor
is
attainted
of
burglary
,
he
shal
haue
no
benefit
of
this
pardon
:
for
the
offence
of
burglarie
doth
remaine
notwithstanding
the
attainder
thereof
.
〈…〉
8
If
a
man
commit
felonie
,
and
is
attainted
thereof
,
8.
H.
4.
22.
Co.
li.
6.
13
if
the
King
do
pardon
him
the
attainder
,
and
the
execution
,
this
will
not
auaile
him
,
because
the
felonie
doth
yet
remaine
vnpardoned
.
22.
Ed.
4.
7
28
&
29
H.
8.
Dyer
f.
34
9
If
the
king
doe
pardon
two
,
thrée
,
A
ioynt
pardon
to
two
or
thrée
or
moe
men
,
all
felonies
by
them
,
or
any
of
them
committed
,
this
will
not
auaile
them
,
because
felonie
is
alwaies
seuerall
:
&
though
the
sequell
of
the
Charter
be
seuerall
,
yet
it
shall
not
make
that
which
in
the
beginning
of
the
Charter
was
ioynt
,
to
bee
seuerall
:
But
it
is
otherwise
if
the
beginning
of
the
Charter
had
beene
seuerall
,
&
the
sequell
ioynt
.
3.
H.
7.
15
10
If
the
King
graunt
to
a
man
,
Grant
to
be
quit
of
escapes
of
felons
.
that
he
shal
be
quit
of
the
escape
of
prisoners
out
of
his
prison
,
beeing
there
for
felonie
,
or
Treason
:
yet
this
will
not
discharge
him
of
voluntarie
escape
,
but
onely
of
negligent
escape
:
for
voluntarie
escape
is
felonie
,
and
the
King
cannot
licence
a
man
to
commit
felonie
,
but
he
ought
to
restraine
him
of
the
doing
thereof
.
11.
H.
4.
41.
11
Euery
prisoner
shall
take
aduantage
of
a
generall
pardon
graunted
by
Act
of
Parliament
,
A
generall
pardon
by
Parliament
.
without
pleading
of
it
.
And
the
court
shall
giue
him
the
aduantage
thereof
,
though
he
doth
waiue
and
refuse
the
benefit
of
the
same
Act
:
but
that
is
to
be
intended
,
where
the
act
is
general
,
without
any
exception
:
For
if
there
be
any
persons
excepted
in
the
same
pardon
granted
by
Act
of
Parliament
,
8.
E.
4.
7
Pl.
com
.
401
then
he
ought
to
plead
,
that
he
is
not
any
of
those
which
is
excepted
,
and
that
he
was
not
adherent
to
E.
and
so
must
plead
to
euery
point
and
thing
excepted
in
the
said
Act
of
Parliament
,
to
the
intent
to
prooue
himselfe
enabled
to
enioy
the
benefit
of
the
said
pardon
:
(
vnlesse
in
the
said
Act
of
Parliament
there
be
mention
made
,
that
euery
person
may
take
aduantage
of
it
,
without
pleading
of
it
:
)
And
if
he
that
doth
plead
that
pardon
be
of
the
same
name
that
any
of
those
is
,
which
is
excepted
in
the
pardon
,
hee
then
must
in
pleading
declare
the
same
,
and
shew
that
he
is
another
man
,
and
not
he
which
is
excepted
in
the
pardon
:
or
otherwise
he
shall
come
too
late
to
plead
it
after
.
And
if
he
plead
it
before
the
Iustices
in
the
countrey
,
where
the
Kings
atturney
is
not
present
,
the
Iustices
shall
cause
proclamation
to
be
made
,
that
if
any
will
speake
for
the
King
,
let
him
come
forth
,
&c.
12
The
partie
whom
it
doth
concerne
ought
not
onely
to
plead
the
Kings
pardon
granted
vnto
him
by
his
Charter
,
without
Parliament
,
but
hee
must
also
shew
it
vnder
Seale
,
The
Kings
pardon
must
be
shēwed
vnder
seale
for
that
the
custodie
thereof
belongeth
onely
to
him
,
and
to
none
other
:
And
therefore
though
he
will
say
that
he
was
at
another
time
arraigned
of
the
same
felonie
,
at
the
Kings
suit
,
in
such
a
countie
,
where
he
pleaded
the
said
Charter
,
H.
11.
H.
4.
41.
and
that
was
allowed
,
which
allowance
is
of
Record
:
yet
that
is
no
good
plea
without
shewing
the
Charter
.
But
the
court
of
fauour
will
respite
the
partie
that
pleadeth
it
,
to
bring
in
the
Charter
at
the
day
assigned
.
13
When
a
man
doth
plead
the
Kings
pardon
of
any
homicide
,
robberie
,
A
writ
of
allowance
of
the
Kings
pardon
felonie
,
or
other
trespasse
,
he
ought
also
to
bring
with
him
a
writ
of
allowance
,
testifying
that
he
hath
found
suretie
,
according
to
the
Statute
of
ann
10.
Ed.
3.
St.
10.
E.
3.
3
which
hath
established
,
That
if
the
King
doe
grant
to
any
person
any
Charter
of
pardon
of
any
homicide
,
robberie
,
or
felonie
,
then
he
to
whom
the
same
is
granted
shall
come
within
thrée
moneths
next
after
the
making
of
the
same
,
before
the
Sherife
and
Coroners
of
the
Countie
where
the
felonie
was
done
,
and
shall
find
sixe
good
and
sufficient
mainpernors
,
for
whom
the
said
sherife
and
Coroners
will
answer
,
He
that
hath
a
pardon
shal
find
sureties
for
his
good
abearing
that
he
from
thenceforth
shall
beare
himselfe
well
and
lawfully
.
And
the
maineprises
shal
be
sealed
,
and
returned
into
the
chancerie
,
within
thrée
moneths
after
the
end
of
the
said
thrée
moneths
.
And
if
hée
which
hath
such
Charter
will
ayd
himselfe
thereby
,
and
hath
not
found
such
mainprises
,
or
after
such
mainprise
found
,
doth
beare
himselfe
otherwise
against
the
peace
,
than
he
ought
,
his
charter
shal
be
accounted
void
,
&
of
no
force
.
The
good
behauiour
broken
after
a
pardon
.
14
A
prisoner
that
was
indited
&
outlawed
of
felonie
,
3.
H.
7.
7.
pleadeth
the
Kings
pardon
of
the
same
felonie
and
outlawrie
,
but
shewed
no
writ
of
allowance
,
testifying
that
he
had
found
suretie
in
the
Chauncerie
according
to
the
foresaid
Statute
of
10.
Ed.
3.
neither
did
he
make
mention
in
his
plea
,
that
he
had
found
suretie
according
to
that
Statute
:
nor
yet
did
he
vouch
the
Record
thereof
in
the
Chauncerie
:
therefore
the
Iustices
had
no
cause
to
allow
of
his
Charter
of
pardon
.
And
the
same
offendor
after
his
pardon
graunted
was
indited
before
the
Iustices
of
peace
of
the
countie
where
he
dwelt
,
that
he
did
beat
and
wound
A.B.
against
the
Kings
peace
,
and
thereof
was
conuict
before
the
same
Iustices
of
peace
,
by
his
owne
confession
,
which
Record
of
his
conuiction
was
sent
into
the
Kings
Bench
by
the
said
Iustices
of
peace
:
and
for
that
he
had
borne
himselfe
otherwise
than
he
ought
toward
the
peace
,
his
charter
of
pardon
was
adnulled
,
he
had
iudgement
of
death
,
and
was
hanged
.
A
pardon
must
agree
with
the
inditement
15
A
Charter
of
pardon
ought
to
agrée
with
the
Indictment
,
in
the
name
,
surname
,
and
addition
of
the
partie
,
to
whom
the
same
Charter
is
graunted
,
to
the
intent
,
that
he
may
be
knowne
to
be
the
same
person
which
is
indited
:
or
otherwise
it
is
not
allowable
,
sauing
in
some
speciall
cases
:
As
,
11.
H.
4.
3●
in
appeale
of
death
,
where
the
plaintife
was
non-suit
after
declaration
,
and
the
defendant
was
arraigned
at
the
Kings
suit
vpon
the
declaration
,
whereunto
he
pleaded
the
Kings
pardon
,
which
did
not
agrée
with
the
appeale
,
in
the
name
of
him
that
was
slaine
,
Where
a
charter
may
vary
from
the
indictment
nor
in
the
day
,
but
agréed
with
the
inditement
in
the
death
of
the
selfe
same
man
,
to
the
which
inditement
this
pardon
had
before
time
bin
pleaded
and
allowed
.
And
for
that
it
may
well
be
intended
of
the
same
death
,
séeing
one
man
cannot
haue
two
deaths
,
it
was
allowed
,
notwithstanding
the
variance
.
Two
men
were
outlawed
in
appeale
of
murder
,
28.
&
29.
H.
8.
Dy.
34.
and
they
purchased
their
pardon
,
and
had
a
Scire
facias
against
the
Plaintife
in
the
appeale
,
and
also
a
Scire
facias
against
the
Lords
mediate
or
immediate
,
and
the
pardon
did
not
agrée
with
the
inditement
in
the
additions
,
but
the
parties
tooke
an
auerment
,
that
they
were
the
same
parties
which
were
indited
:
and
an
exception
was
taken
to
the
pardon
,
for
the
words
of
the
pardon
were
,
Pardonauimus
&c.
W.B.
&
L.B.
omnes
&
omnimodas
vtlagarias
versus
praefatos
W.B.
&
L.
B.
seu
versus
eorum
alterum
promulgatas
:
which
words
in
the
premisses
of
the
pardon
be
ioynt
,
where
they
should
haue
been
Pardonauimus
&c.
W.B.
&
L.B.
&
eorum
alteri
,
because
that
euery
felonie
is
seuerall
,
and
for
these
seuerall
felonies
they
should
haue
had
seuerall
pardons
:
And
yet
the
pardon
was
allowed
.
If
a
man
be
indited
of
felonie
by
the
name
of
A.B.
yeoman
,
and
after
the
King
doth
pardon
him
by
the
name
of
A.
B.
gentleman
,
esquire
,
20.
H.
7.
Kel
.
fol.
58.
knight
,
or
&c.
all
manner
of
felonies
;
he
may
plead
this
pardon
,
and
auerre
that
A.
B.
yeoman
,
and
A.
B.
gentleman
,
or
&c.
be
one
person
,
and
this
pardon
will
discharge
him
:
for
it
may
be
he
was
a
yeoman
at
the
time
of
the
inditement
,
and
after
made
gentleman
by
the
King
,
or
by
some
office
.
4.
E.
4.
10
16
When
after
non-suit
in
appeale
the
Kings
pardon
is
allowed
,
it
is
vsed
to
enter
the
pardon
and
alowance
vpon
the
bill
of
appeale
:
The
pardon
and
alowance
entred
vpon
the
appeale
.
and
th●refore
if
there
be
any
inditement
of
the
same
felonie
against
the
defendant
,
it
shal
bée
good
for
him
to
cause
these
words
to
be
entred
and
indorced
vpon
the
indictment
,
viz.
Cesset
processus
faciendus
super
indictamentum
,
eo
quod
defendens
acquietatus
recessit
ab
Appello
.
4.
Ed.
4.
10
17
All
this
matter
of
pardons
is
(
in
effect
)
to
be
referred
to
indictments
,
because
the
Kings
pardon
is
no
plea
to
the
parties
appeale
,
A
pardon
no
plea
to
an
appeale
.
for
the
felon
shal
bée
put
to
death
notwithstanding
that
:
But
it
is
a
good
plea
against
the
King
,
when
the
appeale
is
determined
.
And
if
it
be
determined
by
act
in
law
,
and
not
by
the
act
of
the
partie
,
the
pardon
shall
not
be
allowed
without
warning
of
the
partie
:
as
in
appeal
,
the
plaintife
doth
pursue
it
,
vntill
he
hath
outlawed
the
defendant
,
in
this
case
by
the
Outlawry
the
appeale
is
determined
:
and
yet
if
the
king
doe
pardon
the
defendant
,
the
pardon
shall
not
bée
allowed
,
vntill
hée
hath
sued
a
Scire
facias
against
the
party
,
at
whose
suit
he
was
outlawed
:
And
if
at
the
day
of
the
Scire
facias
returned
,
the
partie
doe
appeare
,
the
Appellant
may
pray
execution
of
him
,
notwithstanding
the
pardon
:
but
if
the
Appellant
be
returned
warned
,
and
doth
make
default
,
the
Charter
shal
be
allowed
without
further
suit
.
Co.
l.
50.
&
100
3.
El.
Dyer
201
261
The
Kings
pardon
of
burning
in
the
hand
.
In
an
appeale
of
murder
the
defendant
pleaded
not
guiltie
vpon
his
arraignment
,
and
by
the
enquest
was
found
guiltie
of
manslaughter
,
and
then
prayed
,
and
had
his
Clergie
:
Whereupon
by
force
of
the
Statute
of
ann
4.
H.
7.
13.
St.
4.
H.
7.
13
he
being
a
conuict
person
,
ought
to
bée
marked
by
the
Gaoler
openly
in
the
Court
:
which
marking
or
burning
in
the
hand
the
king
did
and
may
pardon
,
though
it
be
in
an
appeale
;
for
burning
in
the
hand
is
no
part
of
the
iudgement
,
but
onely
a
meane
to
notifie
to
the
Iudge
,
vpon
an
offendors
second
conuiction
,
that
he
once
before
had
his
Clergie
vpon
a
former
conuiction
.
And
for
that
it
was
ordained
by
the
Statute
of
ann
18.
El.
6.
St.
18.
El.
6
That
after
Clergie
allowed
,
and
burning
in
the
hand
,
the
prisoner
shall
be
forthwith
enlarged
,
and
deliuered
out
of
prison
:
which
act
doth
extend
as
well
to
the
case
of
the
Appeale
,
as
to
the
case
of
an
Indictment
:
Therefore
the
King
hauing
pardon
the
burning
in
the
hand
,
the
partie
was
also
discharged
of
his
imprisonment
.
2.
R.
3.
8
18
A
Scire
facias
vpon
a
Charter
of
pardon
may
be
graunted
against
an
appellant
,
Vpon
a
pardon
,
a
Scire
facias
against
an
appellant
.
though
the
appellée
,
which
doth
pray
it
,
sheweth
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.
ann
13.
Regin̄
Eliz
.
strike
B.
whereof
the
said
B.
died
the
18.
day
of
Iune
then
next
following
.
A.
vpon
his
arraignment
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
ann
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
.
●●nnance
on●●
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
iudgement
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
Confederacies
of
the
same
,
committed
vpon
the
land
within
this
Realme
.
And
if
any
person
happen
to
be
indicted
for
any
such
offence
done
vpon
the
Seas
,
or
in
any
other
place
aboue
limitted
,
then
such
order
,
proces
,
iudgement
,
and
execution
shall
be
vsed
and
made
to
and
against
euery
such
person
so
indicted
,
as
against
Traytors
,
Felons
,
and
Murderers
,
for
Treason
,
Felony
,
Robbery
,
Murther
,
or
other
such
offences
done
vpon
the
land
:
and
such
as
shal
be
conuict
of
any
such
offence
by
verdict
,
confession
,
or
proces
,
shall
suffer
such
paines
of
death
,
losse
of
lands
,
goods
,
and
cattels
,
as
if
they
had
bin
attainted
and
conuicted
of
any
of
the
said
offences
done
vpon
the
land
.
No
pennance
for
high
Treason
.
5
The
foresaid
statute
of
West
.
1.
maketh
mention
only
of
felons
and
felonies
:
and
therefore
in
high
Treason
,
whether
it
be
by
indictment
,
15.
E.
4.
33
M.
3.
&
4.
El.
Dy.
205
300
or
by
any
other
meanes
whatsoeuer
,
the
offendor
shal
not
haue
the
said
iudgement
of
pennance
,
viz.
of
paine
grieuous
and
durable
,
but
shall
haue
another
iudgement
,
that
is
to
say
,
as
of
a
Traitor
conuict
.
No
pennance
for
a
man
before
attainted
.
6
If
a
man
that
is
attainted
of
Felony
be
brought
to
the
barre
,
8.
H.
4.
2
26.
As
.
p.
19
and
asked
what
cause
he
can
shew
,
why
he
should
not
be
put
to
death
,
and
he
will
stand
mute
:
in
this
case
he
shal
be
hanged
,
and
not
put
to
his
penance
,
for
hee
cannot
put
himselfe
vpon
an
Enquest
of
felonie
,
because
he
was
attainted
thereof
before
,
and
so
he
is
out
of
the
case
of
the
stat.
7
If
a
man
vpon
his
arraignement
doth
confesse
the
felony
,
Standing
mute
after
confession
.
and
before
iudgement
at
another
day
he
will
stand
mute
by
fraud
,
and
so
it
is
found
:
in
this
case
he
shal
be
hanged
,
14.
E.
4.
7.
and
not
put
to
his
penance
,
for
his
iudgement
shall
be
giuen
vpon
his
confession
.
And
so
it
is
,
Demurring
in
law
.
if
he
do
demur
in
law
vpon
any
point
which
is
adiudged
against
him
,
he
shal
be
hanged
:
for
in
both
those
cases
he
is
out
of
the
puruiew
of
the
foresaid
stat.
of
West
.
1.
And
in
like
sort
he
shal
be
hanged
and
not
put
to
his
penance
,
if
he
be
indicted
and
arraigned
for
a
murder
,
or
manslaughter
committed
within
the
Kings
Palace
,
or
where
hée
doth
abide
,
according
to
the
stat.
of
Anno
33.
H.
8.
St.
33.
H.
8.
12.
if
he
do
stand
mute
,
or
will
answer
indirectly
.
8
In
all
cases
where
a
man
vpon
his
arraignement
doth
stand
mute
,
Inquirie
of
him
that
standeth
mute
.
before
he
shal
be
hanged
,
put
to
his
penance
,
or
otherwise
suffer
death
,
it
shal
be
inquired
,
if
he
do
stand
mute
by
fraud
,
or
by
the
act
of
God
:
for
if
it
bee
by
the
act
of
God
,
43.
Ass.
p.
30
the
Court
ex
officio
ought
to
inquire
,
if
he
be
the
same
person
,
and
of
all
other
pleas
that
he
might
haue
pleaded
,
if
hée
had
not
béene
mute
,
to
haue
staid
execution
.
M.
8.
H.
4.
1.
And
this
inquirie
is
but
of
office
,
and
shall
be
made
by
the
Marshals
seruants
,
and
others
.
But
if
it
be
in
case
where
an
issue
is
ioyned
by
the
consent
of
the
parties
,
and
after
when
the
Enquest
doth
come
,
the
prisoner
doth
stand
mute
,
there
the
Court
shall
charge
the
Enquest
which
appeareth
therewith
,
without
putting
any
of
the
Marshals
seruants
vnto
them
,
and
so
change
that
which
was
a
Iurie
by
the
consent
of
the
parties
,
to
an
Enquest
of
office
.
And
their
charge
shall
be
to
enquire
of
the
time
when
he
did
speake
,
and
if
he
be
mute
of
malice
,
or
in
delay
of
his
execution
,
or
by
the
act
of
God
.
But
this
charge
or
inquirie
,
ought
not
to
be
made
or
giuen
,
where
the
prisoner
did
speak
to
the
Court
when
he
was
at
the
bar
,
and
after
the
same
day
,
because
he
would
not
ioyne
issue
,
or
challenge
peremptorily
aboue
the
number
appointed
to
him
by
the
law
,
be
adiudged
to
his
penance
:
for
then
it
doth
appear
to
the
court
that
he
doth
it
of
malice
.
10.
E.
4.
19
And
the
same
law
is
,
if
a
prisoner
after
his
confession
,
or
attainder
,
hath
continually
remained
in
prison
,
and
is
brought
before
the
same
Iustices
before
whom
hée
did
confesse
his
felonie
,
or
was
attainted
,
to
answer
why
execution
should
not
be
done
of
him
,
and
he
will
stand
mute
:
in
this
case
there
néedeth
no
inquirie
to
be
made
,
if
he
be
the
same
person
or
not
,
for
that
doth
appeare
to
the
Iustices
by
his
continuall
remaining
in
prison
.
But
it
is
otherwise
if
he
goe
at
libertie
after
his
attainder
,
by
abiuration
,
outlawrie
,
and
such
like
.
4.
E.
4.
11.
14.
Ed.
4.
7.
8.
H.
4.
2.
9
The
iudgement
in
the
sayd
penance
,
The
Iudg●ment
in
penance
.
viz.
in
the
said
paine
heauie
,
and
grieuous
,
is
,
That
the
prisoner
shall
be
sent
to
the
prison
from
whence
hée
came
,
and
put
into
a
meane
house
,
stopped
from
light
,
&
there
shal
be
laid
vpon
the
bare
ground
,
without
any
litter
,
straw
,
or
other
couering
,
and
without
any
garment
about
him
,
sauing
something
to
couer
his
priuie
members
,
and
that
he
shall
lie
vpon
his
backe
,
and
his
head
shal
be
couered
,
and
his
féet
bare
,
and
that
one
of
his
armes
shall
be
drawne
with
a
cord
to
one
side
of
the
house
,
and
the
other
arme
to
the
other
side
,
and
that
his
legges
shall
be
vsed
in
the
same
manner
,
and
that
vpon
his
bodie
shal
be
laid
so
much
yron
and
stone
as
he
can
beare
,
and
more
,
and
that
the
first
day
after
he
shall
haue
thrée
morcels
of
barlie
bread
,
without
any
drinke
,
and
the
second
day
he
shall
drinke
so
much
as
he
can
thrée
times
of
the
water
which
is
next
the
prison
doore
,
sauing
running
water
,
The
forfeiture
.
without
any
bread
:
and
this
shal
be
his
diet
vntil
he
die
.
Fitz.
Escheat
.
10.
And
he
against
whom
this
iudgement
of
penance
shal
be
giuen
,
shall
forfeit
to
the
king
his
goods
,
but
he
shall
forfeit
no
land
.
Iudgement
and
Execution
in
Treasons
,
Felonies
,
&c.
HAuing
written
of
Treasons
&
Felonies
,
&
shewed
who
be
principals
,
and
who
be
accessories
therein
,
how
the
offendors
therein
are
to
be
pursued
by
Appeales
,
or
inditements
,
what
pleas
they
may
plead
,
&
how
they
are
to
be
tried
,
that
the
truth
of
each
persons
innocency
,
or
guiltinesse
may
appeare
:
I
am
now
to
treat
of
the
iudgement
&
execution
which
by
the
lawes
&
statutes
of
this
Realme
must
follow
therupon
.
As
first
,
Iudgement
where
the
prisoner
is
acquit
.
if
he
that
is
arraigned
of
treason
or
felonie
,
be
acquit
thereof
,
there
is
none
other
iudgement
,
but
that
the
Court
doth
discharge
him
,
paying
his
fées
.
2
The
iudgement
of
a
man
attainted
of
high
Treason
is
,
Iudgement
in
high
treason
of
a
man
.
that
he
shall
bée
led
backe
againe
to
the
place
from
whence
he
came
,
and
from
thence
be
drawn
vpon
a
hurdle
to
the
place
of
execution
,
and
there
be
hanged
by
the
necke
,
and
then
be
cut
downe
aliue
,
and
his
intrals
and
priuie
members
be
cut
from
his
bodie
,
and
be
burned
in
his
sight
,
and
his
head
to
be
cut
off
,
and
his
body
to
bée
diuided
into
foure
parts
,
6.
El.
Dyer
230.
and
then
to
be
disposed
at
the
Kings
pleasure
:
Sauing
that
the
iudgement
of
a
man
which
is
attainted
for
clipping
the
Kings
money
,
contrarie
to
the
Statute
of
ann
25.
Ed.
3.
2.
shal
be
onely
,
that
he
shal
bée
drawne
and
hanged
;
though
it
was
high
treason
by
the
common
law
,
&
so
is
expounded
&
confirmed
by
that
Statute
.
But
if
any
man
shal
be
attainted
of
treson
,
for
committing
any
of
the
offences
made
high
treason
by
either
of
the
Stat.
of
ann
1.
M.
6.
1.
&
2.
P.
&
M.
11.
5.
El.
11.
18.
El.
1.
5.
El.
1.
13.
El.
2.
23
El.
1.
27.
El.
2.
3.
Iac.
4.
he
shal
be
adiudged
a
traitour
,
S.
Treasons
and
shall
haue
iudgement
,
and
suffer
,
as
in
cases
of
high
treason
,
viz.
he
shal
be
drawne
,
hanged
,
and
quartered
,
as
is
before
mentioned
.
And
though
there
be
no
mention
made
thereof
in
the
iudgement
,
yet
he
that
is
attainted
of
treason
or
felonie
by
verdict
,
confession
,
outlawrie
,
or
abiuration
,
shall
also
forfeit
his
lands
and
goods
,
his
wife
shall
loose
her
dower
,
and
his
blood
shal
be
corrupted
,
sauing
in
certaine
cases
.
3
The
iudgement
of
a
woman
,
which
shal
be
attainred
of
high
Treason
,
or
petite
treason
,
The
iudgement
of
a
woman
traitour
.
is
,
1.
R.
3.
4
That
she
shall
be
ledde
backe
againe
to
the
place
from
whence
shée
came
,
and
from
thence
be
drawne
vpon
a
hurdle
,
to
the
place
of
execution
,
and
there
be
burned
to
death
.
8.
El.
Dy.
254.
But
if
one
man
doe
murder
an
other
,
and
the
wife
of
him
that
was
murdered
be
accessorie
to
her
husbandes
death
,
the
murderer
and
the
wife
both
shall
be
hanged
,
and
she
shall
not
be
burned
,
because
she
was
but
accessory
.
4
The
iudgement
of
a
man
attainted
of
petit
treason
,
Iudgement
of
a
man
in
petit
treason
.
is
,
That
hée
shall
be
ledde
backe
againe
to
the
place
from
whence
hee
came
,
and
from
thence
drawne
vpon
an
hurdle
to
the
place
of
execution
,
and
there
to
be
hanged
by
the
necke
,
vntill
he
be
dead
.
Iudgement
in
felonie
.
5
The
iudgement
of
a
man
attainted
of
murder
,
burglarie
,
robberie
,
or
other
felonie
,
is
,
That
he
shall
be
ledde
backe
againe
to
the
place
from
whence
he
came
,
and
from
thence
carried
to
the
place
of
execution
,
and
there
be
hanged
by
the
necke
vntill
he
be
dead
.
And
the
like
iudgement
is
giuen
against
a
woman
,
being
attainted
of
anie
of
the
same
offences
.
6
The
iudgement
in
misprision
Misprision
.
of
treason
,
is
,
That
the
offendor
shall
forfeit
to
the
King
his
goodes
and
his
lands
during
his
life
,
and
shall
be
perpetually
imprisoned
during
his
life
.
Attainder
of
treason
by
the
common
lawe
7
In
the
foresaide
iudgement
giuen
in
high
treason
by
the
order
of
the
common
Lawe
,
there
can
be
no
errour
assigned
,
St.
33.
H.
8.
20.
but
it
is
as
strong
as
if
it
had
béene
doone
by
Act
of
Parliament
:
For
the
Statute
made
Anno
33.
H.
8.
hath
ordained
,
That
if
any
person
or
persons
shall
be
attainted
of
high
treason
by
the
course
of
the
common
Lawes
or
Statutes
of
this
Realme
,
that
in
euery
such
case
,
such
attainder
by
the
common
Lawe
,
shall
be
of
as
good
strength
,
value
,
force
,
and
effect
,
as
if
it
had
beene
done
by
authoritie
of
Parliament
.
Iudgement
of
pennance
.
8
The
iudgement
of
him
who
being
indited
of
felonie
,
will
stand
mute
of
malice
,
or
not
answer
directly
,
or
will
refuse
lawfull
triall
,
P.
4.
E.
4.
11.
being
called
Pennaunce
,
or
paine
for
t
&
dure
,
is
,
That
the
prisoner
shall
be
sent
to
the
place
from
whence
he
came
,
&c.
S.
Standing
mute
,
&c.
9.
Iudgements
in
felony
by
Iustices
of
Nisi
prius
.
9
As
touching
those
who
shall
giue
iudgement
against
the
offendors
aforesaide
,
it
is
ordained
by
the
Statute
of
Anno
14.
H.
6.
St.
14.
H.
6.
1
That
the
Iustices
before
whome
Inquisitions
,
Enquests
,
and
Iuries
shall
be
taken
by
the
Kings
Writte
called
Nisi
prius
,
according
to
the
forme
of
the
Statute
thereof
made
,
haue
power
of
all
the
cases
of
felonie
,
and
of
treason
,
to
giue
their
iudgements
,
as
well
where
a
man
is
acquitte
of
felonie
,
or
of
treason
,
as
where
he
is
thereof
attainted
,
at
the
day
and
place
,
where
the
saide
Inquisitions
,
Enquests
,
and
Iuries
shall
be
taken
,
and
then
from
thenceforth
to
awarde
Execution
to
be
made
by
force
of
the
saide
Iudgements
.
10
Because
it
oft
times
falleth
out
,
that
an
offendor
is
found
guiltie
of
treason
or
felonie
before
some
Iustices
of
Gaole
Deliuerie
,
for
the
which
Iudgement
of
death
should
or
might
ensue
,
and
yet
that
person
is
reposed
to
prison
,
without
iudgement
at
that
time
giuen
against
him
;
and
then
before
the
next
Gaole
deliuerie
the
same
Iustices
of
Gaole
deliuerie
doe
die
,
or
be
remooued
,
and
others
be
assigned
Iustices
of
Gaole
deliuerie
in
their
places
by
the
Kings
Commission
,
which
(
as
many
did
conceiue
it
)
could
not
giue
iudgement
of
that
prisoner
,
so
repried
by
the
former
Iustices
,
by
warrant
of
the
foresaide
Statute
of
14.
H.
6.
1.
or
for
some
other
cause
:
For
the
remedy
whereof
by
a
Statute
made
Anno
1.
Edw.
6.
St.
1.
E.
6.
7.
it
is
enacted
,
Iudgement
by
new
Iustices
.
That
in
all
Cases
where
any
person
shall
be
found
guiltie
of
any
Treason
,
Murder
,
Manslaughter
,
Rape
,
or
other
felonie
whatsoeuer
,
for
the
which
iudgement
of
death
should
or
may
ensue
,
and
shall
be
repried
to
prison
without
iudgement
at
that
time
giuen
against
him
:
Those
persons
that
at
any
time
shall
by
the
Kings
Letters
patents
be
assigned
Iustices
to
deliuer
the
Gaole
,
where
anie
such
person
found
guiltie
shall
remaine
,
shall
haue
full
power
to
giue
Iudgement
of
death
against
such
person
so
found
guiltie
,
and
repried
,
as
the
same
Iustices
before
whome
such
person
was
found
guiltie
might
haue
done
,
if
their
Commission
of
Gaole
Deliuerie
had
remained
in
full
force
.
11
The
Iudgement
in
petit
Larceny
Iudgement
in
petit
larcenie
.
is
,
that
the
offendor
shall
be
ledde
backe
againe
to
the
Gaole
,
Stockes
,
or
place
from
whence
hee
came
,
and
there
to
remaine
a
wéeke
,
a
moneth
,
or
,
&c.
and
then
in
such
a
Citie
,
Borough
,
Market
towne
,
Village
where
the
fact
was
done
,
or
other
place
assigned
by
the
Iustices
,
to
be
tied
to
a
carte
,
stripped
from
the
girdle
vpward
,
and
whipped
vntill
his
bodie
doe
bléede
,
once
,
twice
,
or
thrice
,
&c.
according
to
the
Iustices
discretion
.
12
If
a
woman
be
indicted
and
arraigned
of
felonie
,
Stay
of
a
womans
execution
being
with
childe
.
it
is
no
plea
for
her
to
say
,
that
shée
is
with
childe
,
but
she
must
pleade
to
the
felonie
,
Not
guiltie
;
and
if
she
be
found
guiltie
,
then
shee
may
alleadge
,
that
shée
is
with
childe
:
and
then
the
Marshall
or
Sherife
shall
be
commanded
to
returne
an
enquest
of
twelue
women
before
the
Iustices
,
22.
As
.
p.
71
25.
Ed.
3.
42.
12.
As
.
p.
11
23.
As
.
p.
2.
Fitz.
Cor.
240.
253.
who
being
then
sworne
to
examine
and
trie
the
trueth
,
shall
take
that
woman
into
a
chamber
,
and
search
and
trie
whether
she
be
quicke
with
childe
,
or
not
:
and
if
she
be
found
to
be
quicke
with
childe
,
then
execution
of
her
shall
be
staied
vntill
she
shall
be
deliuered
:
But
if
shée
be
not
quicke
with
child
,
she
shal
be
hanged
presently
,
for
it
will
not
auaile
her
to
be
yong
with
childe
:
And
yet
whether
shée
be
with
child
,
or
not
,
Iudgement
shall
not
be
delayed
,
but
shal
be
presently
giuen
against
her
,
that
she
shal
be
hanged
:
but
only
the
execution
of
that
iudgement
shal
be
stayed
.
If
after
she
is
repried
and
deliuered
of
her
childe
,
and
before
the
next
Gaole
deliuerie
she
be
with
child
againe
,
though
she
be
quicke
with
childe
,
execution
shall
not
be
staied
,
but
she
shal
be
put
to
execution
presently
.
And
yet
in
that
case
the
truth
of
the
matter
being
inquired
of
,
and
found
,
the
shirife
,
marshall
,
or
gaoler
which
had
the
custodie
of
her
,
shal
be
fined
,
for
kéeping
her
so
slackly
,
that
shée
had
the
company
of
a
man
.
13
If
a
man
attainted
of
felonie
,
be
adiudged
to
be
hanged
,
Fi.
Cor.
335
and
the
sherife
doth
carrie
him
to
the
place
of
execution
,
and
doth
hang
him
,
and
he
breaketh
the
Rope
,
and
falleth
downe
before
he
be
dead
:
A
man
hanged
falleth
downe
before
he
be
dead
.
In
this
case
the
sherife
must
take
him
,
and
hang
him
againe
,
for
his
iudgement
is
,
that
he
shal
be
carried
to
the
place
of
execution
,
and
there
be
hanged
vntill
he
be
dead
:
And
so
vntill
he
be
dead
,
the
iudgement
is
not
fully
executed
.
❧
Forfeiture
.
AFter
an
offendor
is
attainted
of
treason
,
or
felonie
,
A
felon
shal
forfeit
lands
and
goods
and
hath
had
iudgement
of
death
,
hée
shall
presently
thereby
forfeit
his
goods
,
and
also
his
lands
(
sauing
in
certaine
cases
hereafter
expressed
)
though
it
be
not
mentioned
in
the
iudgement
.
And
notwithstanding
there
is
a
difference
betwéene
treason
and
felonie
,
concerning
the
forfeiture
of
lands
;
yet
touching
the
forfeiture
of
goodes
,
they
be
all
one
,
for
they
shall
be
forfeited
to
the
King
,
St.
17.
Ed.
2
16
as
it
appeareth
by
the
Statute
intituled
Prerogatiua
Regis
,
which
hath
ordained
,
That
the
King
shall
haue
all
the
goodes
of
felons
which
be
condemned
,
and
which
be
fugitiue
,
wheresoeuer
they
be
found
:
and
if
they
haue
any
fréeholde
,
it
shall
be
forthwith
seised
into
the
Kings
hands
,
and
the
King
shall
haue
the
profites
thereof
,
by
the
space
of
a
yéere
,
and
a
day
,
and
the
land
shall
be
wasted
and
destroyed
in
the
houses
,
woodes
,
and
gardeins
,
and
in
all
things
belonging
to
the
same
,
(
except
men
of
certaine
priuiledged
places
.
)
And
after
the
King
hath
had
the
yeare
,
day
,
and
waste
,
the
land
shall
be
restored
to
the
chiefe
Lord
of
the
same
Fée
,
vnlesse
that
before
hée
redéeme
the
same
yéere
,
day
,
and
waste
of
the
King
,
by
payment
of
a
fine
.
But
there
is
a
custome
in
the
countie
of
Gloucester
,
that
after
a
yeare
and
day
,
the
lands
and
tenements
of
felons
in
that
Shire
,
shall
reuert
,
and
be
restored
to
the
next
heire
to
whom
they
ought
to
haue
descended
,
if
the
felonie
had
not
béene
committed
.
And
in
Kent
in
Gauelkinde
(
the
Father
to
the
Bough
,
the
Sonne
to
the
Plough
,
)
there
all
the
heires
males
shall
diuide
their
inheritaunce
,
and
likewise
women
:
but
women
shall
not
make
partition
with
men
:
And
a
woman
after
the
death
of
her
husband
,
shall
be
endowed
of
the
moitie
:
And
if
a
woman
doe
committe
fornication
in
her
widdowhoode
,
or
take
any
husband
,
she
shall
loose
her
Dower
.
22.
As
.
p.
96
Fit
.
forfeiture
35.
2
A
man
being
indicted
before
the
Coroner
of
the
death
of
an
other
man
,
Forfeiture
of
goods
.
and
if
it
be
further
found
by
the
same
indictment
,
that
hée
did
flie
for
the
said
felonie
,
although
after
he
be
acquitte
of
the
same
felonie
,
7.
Eli.
35.
Dy.
238.
Co.
l.
5.
109
and
notwithstanding
that
the
Enquest
which
did
acquitte
him
,
doe
say
that
he
did
not
flie
for
the
felonie
,
yet
his
goodes
shall
be
forfeited
to
the
King
:
For
the
King
shal
take
holde
of
that
Record
which
is
most
for
his
benefit
,
and
that
is
the
Coroners
Record
.
And
in
like
sort
,
if
one
that
is
indicted
of
felonie
,
Fitz.
forf.
32.
Fi.
Cor.
290
344.
is
acquitte
thereof
by
verdict
,
Flying
for
felonie
.
if
the
Iury
which
did
acquitte
him
will
say
,
that
he
did
flie
for
the
felonie
,
he
shall
forfeit
his
goodes
,
which
he
had
at
the
time
of
the
verdict
giuen
:
which
being
an
auncient
lawe
of
this
Realme
,
is
grounded
vpon
this
reason
,
that
notwithstanding
his
acquitall
of
the
felonie
,
yet
he
is
to
be
suspected
of
the
felonie
,
for
the
vehement
presumption
which
is
risen
of
him
,
as
well
in
respect
of
his
flying
away
,
as
by
the
indictment
.
And
though
the
Enquest
which
did
finde
,
that
he
fled
for
the
felonie
,
be
as
touching
that
part
of
their
verdict
,
but
an
Enquest
of
office
,
yet
it
is
not
trauersable
,
because
it
is
onely
touching
goodes
,
for
the
which
goodes
no
trauerse
against
the
King
is
allowed
by
the
Lawe
,
for
the
Lawe
doth
accompt
goodes
inter
minima
,
&
de
minimis
non
curat
lex
.
And
though
goods
be
in
comparison
of
mans
life
,
or
his
lands
,
in
the
eie
of
the
Lawe
called
and
accompted
Minima
,
yet
they
be
not
of
so
small
value
,
or
so
little
to
be
regarded
,
but
the
Iudge
,
or
the
Coroner
ought
with
all
due
circumspection
foresée
,
that
the
Iurie
be
not
vpon
ignoraunce
or
small
euidence
seduced
to
finde
an
vntrueth
,
to
the
vtter
vndooing
of
the
partie
indicted
or
accused
.
Fi.
Cor.
308
338.
And
in
like
sort
,
if
a
man
be
indicted
and
arraigned
of
felonie
,
and
it
is
found
by
the
Enquest
,
or
the
Coroners
Roll
,
that
hée
fledde
for
the
felonie
;
he
shall
forfeit
his
goodes
,
though
hée
hath
the
Kings
pardon
of
the
felonie
:
for
the
charter
of
pardon
doth
containe
the
presumption
of
him
,
that
he
is
guiltie
of
the
felonie
.
An
accessorie
fled
for
the
felonie
.
3
If
a
man
be
indited
before
the
Coroner
as
accessorie
to
the
death
of
an
other
man
,
and
it
be
found
,
that
he
fled
for
the
felonie
:
4.
H.
7.
18
in
this
Case
hée
shall
forfeit
his
goodes
,
if
hée
were
accessorie
before
the
felonie
committed
.
But
if
it
be
found
before
the
Coroner
,
that
hée
was
accessorie
to
the
felonie
after
the
offence
committed
,
and
that
he
fled
for
the
felonie
,
hée
shall
not
forfeit
his
goodes
:
for
the
Coroner
hath
no
authoritie
to
meddle
with
any
that
was
accessorie
after
the
homicide
committed
,
but
onely
with
such
,
by
whose
meanes
the
dead
man
was
slaine
,
or
who
were
the
causes
of
his
death
,
which
the
accessorie
after
the
offence
committed
could
not
be
.
And
therefore
when
hée
indicted
one
for
receiuing
of
a
murderer
,
and
that
he
fled
,
this
inditement
of
the
receipt
of
the
murderer
was
voide
,
and
consequently
the
finding
of
the
flying
.
The
diffrence
of
the
Coroners
and
the
Iustices
authoritie
.
But
if
one
man
be
indicted
of
felonie
as
principall
,
and
another
as
accessorie
after
the
offence
committed
before
Iustices
;
and
the
principall
is
attainted
by
verdict
,
and
the
accessorie
is
acquitte
,
and
it
is
found
,
that
hée
did
flie
for
the
felonie
,
he
shall
forfeit
his
goodes
:
for
that
Iustices
assigned
haue
authority
to
enquire
,
as
well
of
accessories
after
the
felonie
committed
,
as
of
accessories
before
the
felonie
.
The
forfeture
for
petit
larcenie
.
4
If
one
be
indicted
but
of
petit
larceny
,
Fi.
Cor.
406
and
vpon
his
arraignement
be
thereof
acquit
,
and
it
is
found
,
that
hée
did
flée
for
the
felonie
,
he
shall
forfeit
his
goods
.
And
likewise
if
he
be
attainted
of
petit
larceny
,
he
shall
forfeit
his
goods
,
but
not
his
lands
.
5
This
flying
away
,
whereupon
the
forfeiture
of
goods
doth
ensue
,
may
be
as
well
,
where
the
offendor
doth
flie
before
arrest
,
Forfeiture
vpon
flying
before
arrest
.
as
where
he
doth
flie
after
arrest
:
as
if
a
man
that
is
vehemently
suspected
to
haue
committed
a
murder
,
or
other
felonie
,
is
attempted
to
be
arrested
by
the
Shirife
,
Coroner
or
anie
others
,
and
hée
doth
flie
away
,
and
is
pursued
,
and
because
hée
will
not
yéelde
himselfe
to
the
Kings
peace
,
Fi.
Cor.
289
290.
312.
and
be
taken
,
is
slaine
in
the
pursuite
,
by
those
that
would
haue
arrested
him
,
or
by
some
others
,
that
did
come
to
assist
them
,
and
that
be
presented
of
record
before
the
Iustices
,
hauing
authoritie
to
enquire
thereof
:
Forfeiture
without
attainder
.
In
this
Case
his
goodes
shall
be
forfeit
to
the
King
:
although
being
slaine
,
hée
could
neither
be
acquit
,
nor
attainted
of
the
felonie
,
whereof
hée
was
suspected
.
And
yet
if
this
man
had
béene
taken
aliue
,
and
that
it
had
béene
found
,
that
he
had
fled
for
the
felonie
:
42.
As
.
p.
5.
if
hée
had
not
also
béene
indited
of
the
felonie
,
hée
should
haue
forfeited
nothing
:
for
without
an
indictment
it
could
not
be
prooued
,
that
a
felonie
was
committed
,
and
he
could
not
flie
for
a
felonie
,
if
none
such
were
done
.
S.
Bra.
30.
22.
Ass.
p.
81
41.
Ass.
p.
13
Co.
l.
5.
110
6
If
Processe
be
awarded
vpon
an
appeale
or
indictment
of
felonie
against
any
person
,
who
doth
absent
himselfe
,
and
not
appeare
,
vntill
the
Exigent
shall
be
awarded
against
him
;
Forfeiture
vpon
the
Exigent
awarded
this
long
absence
,
which
is
a
flieing
in
Lawe
,
shall
cause
him
to
forfeit
his
goodes
,
although
after
he
be
acquit
of
the
felonie
.
And
the
reason
is
,
for
that
it
doth
appeare
of
Record
,
that
hée
did
flie
,
or
withdraw
himselfe
,
when
he
absented
himselfe
vntill
the
Exigent
was
awarded
against
him
.
But
if
he
hath
any
reasonable
excuse
of
his
absence
,
as
that
he
was
in
prison
at
the
time
of
the
Exigent
awarded
,
or
beyond
the
Sea
,
Fitz.
forf.
19.
31.
or
such
like
reasonable
excuse
,
then
he
shall
not
forfeit
his
goodes
:
and
yet
if
the
Defendant
in
an
appeale
,
were
out
of
prison
,
at
the
time
of
the
awarding
of
the
Exigent
against
him
,
and
after
when
the
Outlawrie
was
pronounced
against
him
,
he
was
in
prison
,
by
his
imprisonment
he
may
reuerse
the
Outlawrie
,
but
he
can
not
reuerse
the
awarding
of
the
Exigent
,
which
was
lawfully
awarded
against
him
,
whereupon
the
forfeiture
of
his
goods
did
accrue
to
the
King
.
And
the
like
Lawe
is
,
if
the
King
had
pardoned
the
felonie
,
before
the
Exigent
awarded
,
and
the
offendor
had
found
suretie
in
the
Chauncerie
according
to
the
Statute
of
Anno
10.
Edw.
3.
3.
yet
if
the
Exigent
were
after
awarded
against
the
offendor
,
43.
E.
3.
18.
the
offendors
goodes
should
not
be
forfeited
:
for
it
doth
appeare
of
Record
,
for
what
cause
the
goodes
were
saued
,
viz.
because
the
felonie
was
pardoned
,
and
therefore
the
awarding
of
the
Exigent
against
him
,
vpon
an
indictment
of
felonie
,
is
reuersable
,
whereupon
he
should
forfeit
his
goods
.
7
If
an
appeale
be
pursued
against
two
,
viz.
against
one
of
them
as
principall
,
and
against
the
other
as
accessorie
,
and
the
Exigent
is
awarded
against
the
accessorie
,
43.
Ed.
3.
17
before
the
principall
is
outlawed
,
the
accessorie
shall
not
forfeit
his
goodes
,
St.
3.
E.
1.
14
though
hée
did
flie
for
the
felony
:
for
the
Statute
of
Westminster
1.
hath
ordained
,
That
no
person
shall
be
outlawed
vpon
appeale
of
commaundement
,
force
,
aide
,
or
receipt
,
vntill
the
principall
shall
be
attainted
.
No
forfeiture
by
the
accessorie
vntil
the
principall
be
attainted
.
And
yet
the
appellor
shall
not
let
to
attach
his
appeale
at
the
next
Countie
,
as
well
against
the
accessorie
,
as
against
the
principall
.
But
the
Exigent
against
the
accessorie
shall
staie
,
vntill
the
principall
be
attainted
by
Outlawrie
,
or
otherwise
.
But
this
is
intended
of
an
appeale
commenced
by
Bill
,
and
not
by
Writ
;
for
in
an
appeale
by
Writ
,
it
doth
not
appeare
who
is
principall
,
and
who
is
accessorie
,
43.
Ed.
3.
17.
vntill
the
appellant
hath
declared
against
them
.
Forfeiture
notwithstanding
apparance
and
pleading
.
8
If
an
Exigent
be
well
awarded
against
the
defendant
,
43.
Ed.
3.
17.
and
then
hée
doth
appeare
,
and
the
appellant
doth
count
against
him
,
notwithstanding
there
be
a
default
in
the
Writte
or
Count
,
whereuppon
the
Writte
doth
abate
,
yet
the
defendants
goodes
shall
be
forfeit
:
for
by
the
awarding
of
the
Exigent
,
the
goodes
shall
be
forfeit
,
and
no
Count
which
the
plaintife
can
make
after
,
shall
cause
the
defendant
to
haue
his
goods
againe
.
And
when
the
defendant
hath
appeared
and
pleaded
,
the
processe
is
determined
,
which
processe
is
the
Kings
title
,
and
thereunto
the
defendant
hath
made
no
aunswer
.
The
forfeture
of
a
Clarke
conuict
.
9
A
Clarke
conuict
shall
forfeit
his
goodes
,
viz.
(
he
that
is
indicted
or
appealed
of
felonie
,
and
thereunto
pleadeth
Not
guiltie
,
and
vppon
his
arraignement
doth
desire
to
be
tried
by
his
Countrie
,
which
findeth
him
guiltie
of
the
felonie
,
and
then
hée
praieth
his
Clergie
before
iudgement
of
death
is
giuen
against
him
,
is
called
a
Clarke
conuict
.
)
He
that
committeth
homicide
by
misaduenture
,
Pomicide
by
misaduenture
.
shall
forfeit
his
goodes
:
4.
H.
7.
2.
And
so
shall
hée
which
doth
kill
a
man
in
his
owne
defence
,
Killing
in
his
owne
defence
.
forfeit
his
goods
:
And
likewise
he
that
killeth
himselfe
,
and
is
felo
de
se
,
Felo
de
se
.
shall
forfeit
his
goodes
:
And
he
that
being
indited
of
felonie
will
stand
mute
,
Standing
mute
.
not
answer
directly
,
or
challenge
peremptorily
aboue
twentie
persons
,
shall
forfeit
his
goodes
.
Forfeiting
of
a
right
or
action
.
10
In
some
cases
an
offendor
shall
forfeit
a
right
,
or
a
thing
whereof
hée
hath
no
possession
but
onely
an
action
,
or
title
thereunto
:
As
if
goodes
be
wrongfully
taken
,
or
holden
from
the
possession
of
the
owner
,
and
after
the
owner
is
attainted
of
treason
or
felonie
,
those
goodes
shall
be
forfeited
to
the
King
:
6.
H.
7.
9.
and
the
Court
of
the
Kings
Exchequer
may
award
processe
against
the
possessor
of
them
,
to
bring
them
into
the
same
Court.
And
so
the
King
shall
haue
the
benefite
of
an
action
of
trespasse
,
Forfeiture
of
a
trespasse
.
which
the
partie
attainted
might
haue
had
against
the
other
for
those
goodes
wrongfully
taken
,
or
holden
away
.
But
if
he
that
was
attainted
,
were
beaten
or
mayhemed
by
another
,
the
King
shall
not
haue
an
action
of
trespasse
of
battery
,
29.
As
.
p.
63
30.
Ed.
3.
4
appeale
of
mayheme
,
or
other
remedy
against
that
partie
,
which
did
the
foresaid
iniurie
to
the
person
attainted
,
for
that
the
money
to
be
recouered
by
the
action
of
trespasse
is
reduced
to
no
certaintie
.
And
if
money
be
owing
to
a
man
by
obligation
,
or
simple
contract
,
Forfeiture
of
a
debt
.
and
after
he
to
whome
the
money
is
payable
,
is
attainted
of
treason
or
felonie
,
Fi.
Cor.
343.
that
obligation
and
duetie
shall
be
forfeited
to
the
King
.
And
if
one
man
or
more
be
bound
by
obligation
to
two
men
,
or
more
,
for
the
paiment
of
a
summe
of
money
,
or
any
other
dutie
,
Ioynt
debt
forfeited
.
and
one
of
the
Obligées
is
outlawed
,
or
attainted
of
treason
or
felonie
,
the
King
shall
haue
the
whole
Obligation
,
and
the
money
or
dutie
arising
or
payable
thereby
;
19.
H.
6.
47.
28.
H.
8.
Dy.
30.
and
the
King
,
or
he
to
whom
the
King
will
giue
the
same
debt
,
shall
haue
an
action
in
his
owne
name
to
recouer
it
:
which
action
shall
bée
maintainable
,
though
there
be
variance
betweene
the
action
and
the
specialtie
.
50.
As
.
p.
5
28.
Ed.
3.
92
And
in
like
sort
,
if
a
man
be
Receiuer
to
another
of
his
money
,
An
account
forfeited
.
and
hee
to
whom
he
is
receiuer
be
attainted
of
Treason
or
Felonie
,
after
office
found
thereof
,
the
King
may
haue
a
Scire
facias
against
the
Receiuer
to
receiue
this
money
,
and
by
that
meanes
the
King
shall
haue
the
benefit
of
the
action
of
account
,
which
the
partie
attainted
might
haue
had
.
Forfeiti●g
of
an
interest
.
And
in
some
cases
an
offendor
in
treason
or
felonie
shall
forfeit
an
interest
in
lands
,
whereof
he
himselfe
neuer
had
,
or
could
haue
possession
,
but
an
authoritie
to
dispose
:
As
if
hée
that
hath
the
reuersion
of
lands
in
fée
simple
,
whereof
another
hath
the
possession
for
the
terme
of
yeares
,
14.
El.
Dy.
309
doth
graunt
and
assure
this
land
to
others
,
to
the
vse
of
himselfe
for
terme
of
his
life
,
and
after
his
decease
,
to
the
vse
of
the
Executors
and
Assignes
of
the
grauntor
,
for
the
terme
of
twentie
yeares
next
after
the
death
of
the
grauntor
,
the
remainder
ouer
in
taile
,
and
after
the
grantor
is
attainted
of
treason
by
Act
of
Parliament
,
and
all
his
lands
,
tenements
,
goods
,
and
cattels
which
he
had
to
his
owne
proper
vse
,
were
forfeited
to
the
King
,
and
vested
in
his
actuall
possession
without
office
,
and
the
grauntor
died
intestate
without
assignement
of
this
lease
:
In
this
case
,
the
King
shall
haue
this
terme
of
twentie
yeares
as
forfeit
to
him
,
for
it
was
an
interest
in
the
grauntor
,
and
did
,
and
might
well
remaine
in
him
in
expectancie
,
notwithstanding
his
estate
for
the
terme
of
his
life
;
and
if
the
grauntors
executors
should
haue
had
this
lease
,
they
must
not
haue
enioyed
it
to
their
owne
vse
,
but
as
assets
in
their
hands
.
And
though
the
King
shall
haue
such
goods
,
The
King
shall
not
pay
the
attainted
persons
debts
debts
,
money
due
vpon
accounts
,
and
interest
in
lands
,
as
were
due
to
the
partie
attainted
of
treason
,
Fi.
Cor.
317
334.
or
felonie
,
yet
he
shall
not
pay
such
debts
as
the
said
person
attainted
did
owe
.
11
As
in
the
cases
aforesaid
,
and
some
others
,
a
person
attainted
may
forfeit
goods
,
debts
,
and
rights
,
whereof
he
hath
no
possession
,
but
onely
an
action
,
or
title
:
so
in
some
other
cases
,
hee
may
forfeit
goods
,
whereof
he
hath
no
propertie
,
but
onely
a
possession
:
As
if
a
man
deliuer
money
out
of
a
bagge
,
Forfeiting
of
goods
wherein
the
offendor
hath
no
propertie
.
or
corne
out
of
a
sacke
,
to
another
to
kéepe
,
and
to
restore
againe
when
the
owner
will
require
it
,
if
the
partie
to
whom
the
money
or
corne
was
deliuered
be
attainted
of
Treason
or
felonie
,
the
money
or
corne
shal
be
forfeited
to
the
King
,
and
the
partie
who
deliuered
the
same
,
hath
no
remedie
to
recouer
it
,
for
the
first
owner
who
deliuered
it
cannot
prooue
that
it
was
his
money
when
it
was
out
of
a
bagge
,
or
that
it
was
his
corne
when
it
was
out
of
a
sacke
,
for
that
one
sort
of
money
cannot
be
knowne
from
another
,
nor
one
sort
of
corne
from
another
.
Fi.
Cor.
317
3●3
But
if
the
money
were
deliuered
in
a
bagge
,
or
the
corne
in
a
sacke
,
then
the
owner
that
deliuered
it
may
come
vnto
the
Iustices
before
whom
the
offendor
is
attainted
,
and
shewe
the
deliuerie
of
it
,
and
signifie
that
it
was
to
be
restored
vpon
his
request
:
whereof
the
Iustices
shal
enquire
by
an
Enquest
of
office
,
and
if
his
suggestion
be
found
to
bée
true
,
hee
shall
haue
his
money
or
corne
againe
:
But
if
the
money
or
other
thing
deliuered
by
the
owner
be
conuerted
to
another
commoditie
,
then
the
law
is
otherwise
:
as
if
a
man
deliuer
money
to
another
to
buy
wooll
,
or
some
such
other
commoditie
,
and
to
worke
it
,
lay
it
vp
,
or
to
kéepe
it
in
his
house
,
Fitz.
Cor.
334.
and
the
partie
to
whom
the
money
is
deliuered
,
doth
buy
wooll
,
or
&c.
and
bringeth
it
to
his
owne
house
,
and
then
is
attainted
of
Treason
or
Felonie
,
the
King
shall
haue
the
wooll
,
or
&c.
as
forfeit
,
and
the
partie
who
deliuered
the
mony
is
without
remedie
to
recouer
his
money
,
or
the
wooll
,
or
&c.
for
though
hée
might
haue
had
an
action
of
Account
against
the
partie
to
whom
hee
deliuered
his
money
,
if
he
had
liued
,
and
remained
vnattainted
,
yet
hée
shall
haue
no
action
or
remedie
against
the
King
.
Forf
.
for
default
of
pursuit
.
12
If
a
man
doe
steale
goods
at
diuers
times
from
seuerall
men
,
and
he
is
attainted
at
the
suit
of
one
of
them
,
for
the
goods
stolne
from
him
,
44.
E.
3.
44.
but
is
not
attainted
at
the
suit
of
the
others
:
by
this
attainder
the
felon
shall
forfeit
to
the
King
not
onely
his
owne
goods
,
but
also
the
goods
stolne
from
those
other
,
at
whose
suit
hée
was
not
attainted
,
though
hee
had
no
propertie
,
but
only
a
possession
in
those
goods
:
for
a
felon
hath
no
propertie
in
goods
stolne
,
A
felon
hath
no
property
in
goods
stolne
.
but
it
doth
alwayes
remaine
in
the
right
owner
,
which
propertie
in
this
case
,
for
default
of
pursuing
the
felon
,
is
forfeited
to
the
King
.
Forf
.
of
other
mens
goods
&
his
owne
.
13
In
like
sort
,
if
a
man
doe
steale
goods
from
another
,
Fi.
Cor.
318
and
before
his
attainder
,
hée
doth
kill
himselfe
,
hée
shall
forfeit
to
the
King
not
onely
his
owne
goods
,
but
also
the
goods
which
hée
did
steale
from
that
other
,
though
hée
had
no
propertie
,
but
a
possession
in
the
stolne
goods
:
for
the
owner
of
these
goods
hauing
not
prosecuted
and
giuen
euidence
against
the
offendor
,
to
attaint
him
of
Felonie
,
either
by
Appeale
or
Indictment
,
can
neither
haue
restitution
of
these
goods
by
the
common
law
,
nor
by
force
of
the
Statute
of
21.
H.
8.
11.
14
In
the
time
of
King
Edward
the
second
,
it
was
holden
for
law
,
That
if
a
wife
did
kill
her
husband
,
Forf
.
where
a
woman
killeth
her
husband
.
and
after
did
flie
,
all
the
goods
within
the
house
,
and
without
,
the
corne
in
the
barnes
,
and
yard
,
and
that
which
was
growing
on
the
ground
,
should
be
confifcat
and
forfeit
to
the
King
:
And
their
reason
was
,
for
that
when
the
husband
is
killed
,
and
no
will
was
made
by
him
of
his
goods
,
they
ought
to
remaine
to
his
wife
,
and
then
shée
being
in
case
,
that
by
the
committing
of
this
treason
shee
cannot
haue
them
,
Anno
8.
E.
2
Fi.
Cor.
423
they
bee
forfeit
to
the
King
,
and
confiscat
.
But
that
law
séemeth
to
bee
altered
by
the
Statute
of
Anno
31.
Ed.
3.
which
hath
ordained
,
That
where
a
man
dyeth
intestat
,
the
Ordinarie
shall
depute
the
next
and
most
lawfull
friends
of
him
which
dyed
intestat
,
to
administer
his
goods
.
And
moreouer
,
St.
31.
E.
3.
11.
St.
21.
H.
8.
5
by
the
Statute
of
21.
H.
8.
it
is
further
enacted
,
That
if
any
person
die
intestat
,
or
the
Executors
named
in
any
such
Testament
,
refuse
to
proue
the
sayd
Testament
,
then
the
Ordinarie
,
or
other
person
or
persons
hauing
authoritie
to
take
probate
of
Testaments
,
shall
graunt
the
administration
of
the
goods
of
the
Testator
,
or
person
deceased
,
to
the
widow
of
the
same
person
,
or
to
the
next
of
his
kinne
,
or
to
both
,
as
by
the
discretion
of
the
same
Ordinarie
,
shall
bée
thought
good
,
taking
suertie
of
him
,
or
them
,
to
whom
shall
be
made
such
Commission
,
for
the
true
administration
of
the
goods
,
cattels
,
and
debts
,
which
he
or
they
shall
be
so
authorised
to
administer
.
By
which
two
Statutes
it
doth
appeare
,
that
the
law
doth
not
cast
the
interest
of
the
husbands
goods
dying
intestat
vpon
the
wife
,
nor
giue
her
such
a
title
thereunto
,
as
shée
may
either
possesse
,
alien
,
or
forfeit
them
,
vntill
she
be
authorised
by
the
Ordinarie
.
And
in
the
meane
time
betwéene
the
husbands
death
,
and
that
the
administration
of
the
goods
of
the
intestat
be
graunted
to
some
person
or
persons
,
the
interest
of
the
goods
is
in
the
Ordinarie
,
as
appeareth
by
the
Statute
of
Westminst.
2.
13.
Edward
.
1.
19.
P.
10.
Ed.
4
1
15
If
hée
that
is
made
Executor
,
Executor
shall
not
forfeit
his
Testators
goods
.
or
which
hath
taken
letters
of
Administration
of
the
goods
of
one
which
dyed
intestat
,
be
attainted
of
Treason
or
felonie
,
he
shall
not
forfeit
the
goods
of
the
Testator
,
or
intestat
,
because
those
goods
bée
the
Testator
or
intestats
goods
in
his
custodie
,
and
he
hath
not
them
to
his
owne
vse
,
but
a
right
of
disposing
of
them
,
towards
the
performance
of
the
Testators
will
,
or
to
pay
the
intestats
debts
:
And
whereas
the
law
doth
allow
a
woman
couert
to
make
a
will
,
and
to
ordaine
her
husband
her
Executor
thereof
,
or
to
make
any
other
person
her
Executor
(
by
her
husband
consent
)
of
her
Parophanalia
,
39.
H.
6.
27.
12.
H.
7.
22.
18.
E.
4.
11.
4.
H.
6.
31.
or
Iewels
of
value
,
and
of
such
debts
as
were
due
to
her
as
Executrix
to
another
,
and
of
such
Obligations
,
Recognisances
,
and
other
specialties
as
were
before
mariage
made
,
or
acknowledged
vnto
her
,
and
of
such
goods
as
were
taken
wrongfully
from
her
,
before
the
mariage
betwéene
her
husband
and
her
,
for
the
recouerie
whereof
the
husband
may
haue
his
actions
as
Executor
to
his
wife
,
but
not
as
husband
to
his
wife
,
neither
would
they
euer
haue
béene
recouered
,
if
she
had
not
made
an
Executor
;
and
when
they
bee
recouered
,
the
Executor
shall
stand
chargeable
to
others
for
debts
due
and
payable
by
his
wife
,
so
farre
as
the
same
goods
recouered
will
extend
:
In
this
case
,
if
the
husband
,
or
that
other
which
is
made
Executor
to
the
woman
couert
,
M.
33.
H.
6.
31.
shall
bée
attainted
of
Treason
or
Felonie
,
the
goods
of
the
wife
,
or
the
money
recouered
,
shall
not
bée
forfeited
to
the
king
,
because
the
Executor
hath
them
,
but
towards
the
performance
of
the
womans
will
,
and
to
satisfie
those
debts
and
legacies
which
shee
did
stand
charged
to
pay
.
16
If
any
person
that
is
ioyntenant
,
Iointenants
forfeiture
.
or
tenant
in
common
with
another
,
of
goods
,
bee
attainted
of
Treason
,
or
Felonie
,
the
whole
goods
shall
bée
forfeited
to
the
King
.
And
if
a
lease
for
the
terme
of
yeares
be
made
to
the
husband
and
wife
of
certaine
landes
,
Fitz.
Trauerse
33.
50.
Ass.
p.
5.
Ps.
Com.
258.
and
the
husband
bée
attainted
of
Treason
,
or
Felonie
,
the
whole
terme
shall
bée
forfeited
to
the
King
.
And
likewise
it
is
of
felo
de
se
,
if
a
lease
bée
made
to
him
and
his
wife
for
the
terme
of
yeares
,
hée
shall
forfeit
to
the
King
the
whole
terme
.
17
The
law
in
some
cases
doth
giue
another
title
to
the
King
of
goods
that
late
were
another
persons
,
and
doth
not
terme
it
a
forfeiture
,
but
a
confiscatition
of
goods
,
Confiscation
of
goods
.
and
that
is
,
when
the
goods
were
not
claimed
,
or
title
pretended
vnto
them
by
any
other
:
Fitz.
Cor.
355.
368.
As
if
a
man
be
indicted
for
the
felonious
stealing
of
another
mans
goods
,
where
in
truth
those
goods
were
his
owne
,
and
the
goods
be
brought
into
the
Court
as
a
manoure
against
him
;
and
it
is
asked
of
him
,
whose
those
goods
be
,
and
he
doth
disclaime
to
haue
any
propertie
in
them
:
by
this
disclaimer
he
shall
loose
the
goods
,
Confiscation
by
disclaimer
in
his
owne
goods
.
though
they
were
his
owne
:
and
though
he
be
acquit
of
the
felonie
,
the
goods
by
this
disclaimer
shall
bee
confiscat
to
the
King
:
but
if
he
had
not
disclaimed
in
them
,
Fitz.
Cor.
391.
the
goods
should
haue
béene
restored
vnto
him
.
Confiscation
by
disclaiming
in
the
goods
of
others
.
18
If
goods
be
found
in
the
possession
of
a
felon
,
which
he
doth
disauow
,
Fi.
Cor.
368.
and
after
he
is
attainted
for
the
stealing
of
other
goods
,
but
not
of
those
:
In
this
case
the
goods
which
he
did
disauow
shal
be
confiscat
to
the
King
:
But
if
hée
had
béene
attainted
for
the
stealing
of
those
goods
,
Fitz.
Forf
.
24.
they
should
haue
bin
termed
goods
forfeit
,
and
not
goods
confiscat
.
Confiscation
of
goods
left
out
of
an
appeale
.
19
If
one
doe
bring
an
Appeale
of
Robberie
against
a
felon
,
and
leaueth
out
of
his
Appeal
some
part
of
the
goods
robbed
:
Fitz.
Cor.
100.
Co.
li.
5.
110
in
this
case
the
King
shal
haue
those
goods
which
be
left
out
of
the
Appeale
,
for
the
plaintife
cannot
enlarge
his
Appeale
,
nor
recouer
those
goods
left
out
.
And
therefore
séeing
the
felon
can
make
no
executor
,
nor
any
can
be
administrator
to
him
,
and
so
no
other
person
is
intituled
to
haue
those
goods
,
the
King
shall
haue
them
as
confiscat
,
according
to
the
old
text
,
Quod
non
capit
Christus
,
capit
fiscus
:
And
the
appellant
shal
be
thus
punished
,
by
the
losse
of
his
goods
,
for
his
negligence
,
attenuating
,
concealing
of
the
robbers
offence
.
Confiscation
by
a
false
appeale
.
20
If
a
man
bring
an
Appeale
of
Robberie
against
another
,
which
tooke
the
Appellants
goods
lawfully
,
Fitz.
Cor.
367.
and
not
feloniously
(
viz.
found
them
in
the
high
way
)
&
it
is
so
found
by
verdict
:
in
this
case
,
though
the
appellée
hath
no
cause
to
detaine
them
against
the
appellant
,
for
that
they
were
his
owne
goods
,
yet
the
plaintife
shall
loose
them
for
his
false
appeale
,
and
they
shall
bee
confiscat
to
the
King
;
and
also
the
appellant
shall
bée
committed
to
prison
,
for
charging
the
defendant
with
robberie
,
whom
he
did
know
came
lawfully
by
the
goods
,
Co.
li.
5.
110
and
so
for
malitious
séeking
of
a
mans
bloud
without
cause
;
and
the
defendant
shal
be
discharged
.
21
There
is
another
kind
of
forfeiture
of
felons
goods
to
the
King
,
which
is
called
a
waif
,
A
waife
.
and
that
is
,
when
a
felon
vpon
huy
and
cry
,
or
other
pursuit
after
him
,
or
for
feare
to
bee
taken
,
er
otherwise
to
ease
himselfe
of
carriage
,
Co.
li.
5.
109
doth
without
Huy
and
crye
wayue
,
cast
away
,
or
goe
from
the
goods
that
hée
did
steals
,
and
hath
in
his
possession
,
or
some
part
thereof
,
and
doth
flye
away
,
whereupon
the
Kings
Officers
,
or
some
other
in
the
Kings
right
,
doth
seise
those
goods
:
Seising
of
a
waife
.
In
this
case
the
goods
so
seised
be
called
a
waife
,
and
the
King
shall
retaine
them
to
his
proper
vse
,
if
the
owner
of
them
doth
not
make
fresh
suit
after
the
felon
,
to
attaint
him
for
those
goods
.
And
if
the
owner
doe
make
fresh
suit
after
the
felon
,
hée
shall
haue
his
goods
againe
,
notwithstanding
the
waiuing
and
seising
of
them
.
And
this
forfeiture
of
goods
by
waife
,
is
a
penaltie
which
the
law
imposeth
vpon
the
owner
of
those
goods
,
for
default
of
fresh
suit
against
the
felon
,
and
for
omitting
his
duetie
in
pursuing
and
apprehending
of
the
felon
,
being
a
pernitious
and
corrupt
member
of
the
Commonwealth
.
St.
21.
H.
8.
11.
And
by
the
Statute
of
21.
H.
8.
the
Iustices
before
whom
any
felon
or
felons
shal
be
found
guiltie
,
or
otherwise
attainted
by
reason
of
euidence
giuen
by
the
partie
robbed
,
or
owner
of
any
money
,
goods
,
or
cattels
robbed
,
or
by
any
other
by
his
procurement
,
haue
power
to
award
from
time
to
time
,
writs
of
Restitution
,
for
the
said
money
,
goods
,
or
cattels
,
as
though
any
such
Felon
or
Felons
were
attainted
at
the
suit
of
the
party
in
Appeale
.
But
if
a
felon
doe
steale
goods
,
Co.
li.
5.
109
and
carrie
them
into
a
Mannor
,
and
there
leaue
them
,
or
leaue
them
in
his
owne
house
,
or
in
the
house
of
any
other
,
or
in
the
custodie
of
any
other
,
or
hide
them
in
the
ground
,
or
in
any
secret
place
,
and
after
doth
flie
,
these
goods
shall
not
be
adiudged
in
law
to
be
waiued
,
nor
shall
bée
forfeited
:
for
if
the
felon
hath
not
the
goods
with
him
when
he
doth
flie
,
or
doth
waiue
them
for
feare
to
be
taken
,
they
shall
not
be
accounted
waiued
or
forfeited
,
but
the
owner
may
take
them
againe
without
fresh
suit
,
for
that
there
is
no
default
in
him
.
22
If
a
felon
do
steale
goods
,
and
after
doth
waiue
them
,
The
owner
seiseth
goods
waiued
.
the
owner
of
them
may
reseise
the
same
goods
,
and
carrie
them
away
twentie
yeres
after
the
waiuing
of
them
,
if
in
the
meane
time
no
Officer
of
the
Kings
,
nor
of
any
Lord
of
a
libertie
,
21.
Ed.
4.
16.
hath
seised
them
before
the
owner
:
But
if
any
Officer
of
the
Kings
,
or
of
any
Lord
of
a
Franchise
hath
seised
them
before
,
then
the
owner
must
sue
an
Appeale
against
the
felon
,
and
so
he
may
haue
his
goods
againe
,
if
hée
hath
made
fresh
suit
:
or
else
the
owner
must
procure
the
felon
to
be
indicted
,
arraigned
,
and
found
guiltie
,
or
otherwise
,
to
be
attainted
by
euidence
giuen
by
himselfe
,
or
by
some
other
by
his
procurement
,
and
by
that
meanes
obtaine
a
writ
of
Restitution
to
be
awarded
by
the
Iustices
before
whom
the
sayd
felon
shall
be
arraigned
,
according
to
the
foresaid
statute
of
21.
H.
8.
11.
And
the
like
law
is
,
if
a
felon
do
steale
goods
,
and
doth
not
waiue
them
,
nor
any
Huy
and
crie
is
made
vpon
him
,
but
one
in
the
Kings
right
doth
take
the
goods
from
the
felon
,
vpon
suspition
that
he
hath
stolne
them
,
yet
the
owner
vpon
fresh
suit
shall
haue
restitution
of
them
againe
,
for
it
may
be
,
that
the
owner
had
not
intelligence
of
the
stealing
of
his
goods
a
long
time
after
they
were
stolne
,
and
then
could
not
make
fresh
suit
,
nor
leuie
huy
and
crie
.
23
There
can
be
no
waife
but
of
goods
stolne
(
sauing
in
certaine
cases
)
for
if
one
do
take
goods
as
a
trespassor
,
and
doth
goe
from
them
,
No
waife
but
of
stoln
goods
.
no
man
can
seise
them
as
a
waife
:
P.
13.
E.
4.
5
And
therefore
in
an
action
of
Trespas
of
goods
taken
away
,
if
the
defendant
do
iustifie
for
a
waife
,
it
is
a
good
issue
for
the
plaintife
to
ioine
,
that
the
goods
were
not
stolne
.
And
if
a
man
do
fly
for
a
felonie
,
and
leaue
his
house
&
goods
,
yet
those
goods
shall
not
be
a
waife
,
for
that
they
were
not
stolne
.
And
in
some
speciall
case
there
may
be
a
waife
,
though
there
be
no
stealing
,
Waif
of
goods
not
stolne
.
as
vpon
a
huy
and
cry
leuied
,
29.
E.
3.
29.
a
man
that
hath
committed
no
felony
doth
leaue
his
owne
goods
,
and
doth
flie
to
a
church
,
those
goods
may
be
seised
to
the
Kings
vse
for
a
waife
.
No
waife
of
goods
stolne
from
an
Alien
24
If
the
goods
of
an
Alien
which
hath
the
Kings
safe
conduct
both
for
bodie
and
goods
,
be
stolne
from
him
,
and
by
the
felon
bée
after
wayued
,
and
refused
,
yet
those
goods
cannot
bée
claimed
or
seised
by
the
Officers
of
the
King
,
or
of
any
Lord
of
a
Franchise
,
for
a
waife
:
for
when
the
King
hath
graunted
to
the
Alien
safeconduct
both
in
bodie
and
goods
,
and
this
is
a
couenant
betwéene
the
King
and
him
;
then
if
a
felon
doe
steale
his
goods
,
and
after
waiue
them
,
it
is
no
reason
that
the
Alien
should
loose
them
,
and
be
put
to
sue
against
the
felon
,
but
he
must
sue
to
the
King
vpon
his
couenant
:
And
therefore
the
K.
cannot
haue
those
goods
as
waife
,
and
by
the
same
reason
hee
cannot
graunt
them
to
another
,
neither
can
any
haue
them
by
prescription
.
Forf
.
of
lands
25
As
he
that
is
attainted
of
Treason
or
Felonie
,
shal
loose
his
goods
,
debts
and
rights
,
Tenant
for
yeares
.
so
also
shall
be
forfeit
his
leases
for
terme
of
yeares
of
lands
,
the
lands
which
he
holdeth
by
extent
of
Statutes
,
Recognisances
,
or
Iudgements
,
his
leases
for
the
terme
of
his
owne
or
another
persons
life
of
lands
.
T.
for
life
.
And
because
tenant
in
taile
is
in
diuers
respects
but
tenant
for
the
terme
of
his
owne
life
,
T.
in
tayle
.
of
his
lands
intailed
,
therefore
if
he
commit
Petit
Treason
,
or
Felonie
,
he
shall
forfeit
his
said
intailed
lands
,
but
for
terme
of
his
owne
life
.
And
he
that
hath
land
in
another
right
,
shal
forfeit
for
high
Treason
,
petit
Treason
,
Murder
,
or
other
felony
,
no
longer
or
greater
estate
than
he
hath
in
the
same
lands
:
as
a
man
seised
in
the
right
of
his
wife
of
lands
,
T.
in
the
right
of
his
wife
,
or
church
.
or
in
the
right
of
his
church
,
Fitz.
Forf
.
13.
shal
forfeit
no
further
estate
in
the
same
lands
,
but
during
his
owne
estate
therein
:
as
it
doth
appeare
not
onely
by
the
rules
of
the
common
lawes
,
but
the
same
is
also
confirmed
by
the
Statute
of
5.
Ed.
6.
11.
hereafter
rehearsed
.
The
forf.
of
lands
in
tayle
.
26
By
the
common
law
Tenant
in
tayle
beeing
attainted
of
high
Treason
,
should
haue
forfeited
the
lands
whereof
hée
was
so
seised
of
an
estate
in
tayle
,
but
onely
for
the
terme
of
his
owne
life
,
and
the
same
,
after
his
death
,
should
haue
discended
to
his
heire
:
But
now
by
the
Statute
made
Anno
26.
H.
8.
and
Anno
5.
Ed.
6.
St.
26.
H.
8.
16.
St.
5.
E.
6.
11
it
is
ordained
,
That
euerie
offendor
and
offendors
,
being
hereafter
lawfully
conuict
of
any
manner
of
high
Treason
,
by
presentment
,
confession
,
verdict
,
or
Proces
of
Outlawrie
,
according
to
the
due
course
and
custome
of
the
lawes
of
this
Realme
,
shall
loose
and
forfeit
to
the
King
,
his
heires
and
successors
,
all
such
lands
,
tenements
,
and
hereditaments
,
which
any
such
offendor
or
offendors
shal
haue
of
any
estate
of
inheritance
,
in
his
own
right
,
in
vse
,
or
possession
,
by
any
right
,
title
,
or
meanes
within
this
realme
of
England
,
or
elsewhere
within
any
the
Kings
dominions
,
at
the
time
of
any
such
Treasons
committed
,
or
at
any
time
after
:
16.
El.
Dyer
332.
As
if
the
King
giue
land
to
the
husband
and
wife
,
and
the
heires
males
of
their
two
bodies
lawfully
begotten
,
the
remainder
thereof
to
the
heires
males
of
the
body
of
the
husband
lawfully
begotten
,
reseruing
the
reuersion
to
himselfe
:
and
the
husband
and
wife
haue
issue
a
sonne
,
and
the
husband
committeth
high
Treason
,
is
attainted
thereof
,
and
executed
;
and
this
attainder
is
confirmed
by
Act
of
Parliament
,
and
all
the
offendors
lands
bée
giuen
to
the
King
:
Sauing
to
all
Straungers
their
right
,
other
than
to
the
Donor
in
Tayle
,
and
his
heirs
:
In
this
case
,
after
the
death
of
the
wife
,
the
King
shall
haue
the
land
:
for
that
by
reason
of
the
fathers
attainder
of
Treason
the
estate
Taile
was
forfeyted
and
extinguished
by
force
of
the
sayd
Statutes
of
Anno
26.
H.
8.
and
Anno
5.
Edw.
6.
and
the
bloud
corrupt
,
An
estate
taile
forfeited
and
extinguished
.
and
the
heirs
disabled
,
for
that
in
his
lineall
conueyance
of
his
discent
to
the
land
,
hée
must
deriue
himselfe
heire
as
well
to
his
father
as
to
his
mother
.
Br.
Done
61
Co.
li.
1.
103
And
in
like
sort
if
a
man
seised
of
lands
in
fée
simple
,
maketh
a
feoffement
thereof
to
certaine
persons
to
the
vse
of
his
wife
for
the
terme
of
her
life
,
the
remainder
thereof
to
the
vse
of
the
heires
of
his
owne
bodie
lawfully
begotten
;
&
after
the
feoffor
hath
issue
a
sonne
,
and
is
attainted
of
high
Treason
,
and
executed
:
In
this
case
his
sonne
shall
not
inherit
this
land
as
heire
to
his
father
,
whose
bloud
was
corrupt
by
his
attainder
,
but
the
land
shall
be
forfeited
to
the
King
by
the
foresayd
Statute
of
26.
H.
8.
And
as
tenant
in
taile
by
committing
of
high
Treason
shall
by
force
of
the
foresayd
Statutes
of
26.
H.
8.
&
5.
Ed.
6.
forfeit
those
lands
wherof
he
hath
the
possession
,
reuersion
,
or
remainder
in
tayle
:
so
shall
hée
likewise
forfeit
to
the
King
by
committing
of
high
Treason
,
those
lands
whereunto
hée
hath
but
a
right
in
taile
.
Pl.
Com.
547.
As
if
the
King
giue
lands
to
a
man
,
Forf
.
of
a
right
in
tayle
.
and
to
the
heires
males
of
his
bodie
lawfully
begotten
,
reseruing
the
reuersion
to
himselfe
,
and
the
tenant
in
tayle
hath
issue
a
sonne
,
and
dyeth
,
and
the
sonne
doth
enter
and
make
a
feoffement
in
fée
to
a
stranger
of
the
same
land
,
and
then
hath
issue
a
sonne
,
and
committeth
high
Treason
,
and
is
attainted
thereof
,
this
land
shall
bée
forfeited
to
the
King
:
for
by
this
feoffement
made
by
tenant
in
tayle
to
a
straunger
,
there
passed
none
other
estate
from
the
same
tenant
in
tayle
,
but
only
an
estate
for
the
terme
of
his
owne
life
,
and
so
the
tayle
,
and
the
right
of
the
tayle
remained
in
the
tenant
in
tayle
,
and
by
his
attainder
the
estate
in
tayle
is
extinguished
in
the
Kings
reuersion
in
fée
simple
.
And
the
King
shall
bee
sayd
rather
to
haue
this
land
reuerted
vnto
him
,
as
if
all
the
issue
of
tenant
in
tayle
were
dead
,
than
by
forfeiture
:
for
the
words
of
the
Statute
of
26.
H.
8.
be
,
All
persons
attainted
of
Treason
,
shall
loose
and
forfeit
to
the
King
,
his
heires
and
successors
,
all
lands
and
tenements
which
such
offendor
shall
haue
of
any
estate
of
inheritance
at
the
time
of
the
Treason
committed
,
or
at
any
time
after
:
Sauing
to
all
others
and
their
heires
(
other
than
the
offendors
in
Treason
,
their
heires
and
successors
)
all
their
rights
and
possessions
,
&c.
which
they
had
at
the
day
of
the
Treason
committed
,
or
after
.
And
by
these
generall
words
,
That
they
shall
loose
and
forfeit
all
lands
and
tenements
,
which
they
haue
of
any
estate
of
inheritance
,
and
by
excluding
the
heire
in
the
Sauing
,
lands
tayled
shall
bée
forfeited
:
and
the
lands
in
this
case
cannot
be
aptly
termed
to
be
forfeited
to
the
King
and
his
heires
,
where
hée
had
the
fée
simple
before
,
but
are
rather
to
be
sayd
reuerted
to
the
King
,
the
tenant
in
tayle
dying
without
any
issue
,
which
,
by
his
attainder
of
Treason
,
and
the
corruption
of
his
blood
,
Co.
li.
7.
33.
could
inherit
this
land
.
And
if
the
King
by
his
letters
Patents
vnder
the
great
Seale
doe
create
an
Earle
,
Forf
.
of
name
or
title
of
dignitie
intailed
.
and
giue
him
the
title
and
honour
of
an
Earledome
to
him
and
the
heires
males
of
his
body
begotten
,
and
the
grantée
hath
issue
two
sonnes
by
seuerall
women
,
and
then
dyeth
,
and
his
eldest
sonne
doth
enioy
the
same
Earledome
,
and
after
committeth
Treason
,
by
leuying
of
warre
in
the
Realme
against
the
King
,
and
is
attainted
thereof
,
and
then
dyeth
without
issue
of
his
bodie
begotten
:
by
this
attainder
the
same
shal
be
forf.
to
the
K.
and
not
discend
to
the
brother
of
the
half
blood
,
nor
to
his
heirs
:
for
this
Earldom
and
name
of
dignity
may
be
intailed
according
to
the
stat.
of
W.
2.
St.
13.
E.
1.
1
De
donis
conditionalibus
,
for
that
it
concerneth
land
,
&
must
be
supported
and
maintained
with
land
to
vphold
the
countenance
&
charge
of
the
owner
thereof
:
And
therfore
this
Earldome
being
by
the
K.
giuen
to
the
Earle
&
the
heires
males
of
his
body
begotten
,
is
an
inheritance
which
may
discend
from
one
heire
male
to
an
other
,
and
then
by
the
speciall
words
of
the
before
rehearsed
Statute
of
26.
H.
8.
and
5.
Ed.
6.
it
shall
be
forfeited
to
the
King
by
the
said
heires
attainder
of
high
treason
:
for
it
was
in
the
same
heire
an
hereditament
,
and
whereof
he
had
an
estate
of
inheritance
.
And
moreouer
,
when
the
King
at
the
first
did
giue
to
this
Earle
,
and
the
heires
males
of
his
body
begotten
,
the
foresaide
great
title
of
honour
,
though
there
was
no
condition
expressed
in
the
same
grant
,
yet
there
was
a
secret
condition
implied
therein
,
viz.
that
the
said
grauntée
,
and
the
heires
males
of
his
body
should
be
assistant
and
seruiceable
to
the
King
his
heires
and
successors
by
his
Councell
in
the
time
of
peace
,
and
by
his
force
and
prowesse
in
the
time
of
warre
:
Therefore
when
the
heire
male
of
this
Earle
the
first
grauntée
did
take
Councell
to
breake
the
peace
of
the
King
,
and
leuied
warres
and
imployed
his
force
and
power
against
him
,
he
first
brake
the
same
secret
condition
,
which
was
annexed
to
his
ancestors
graunt
of
the
Earledome
:
And
so
there
is
reason
and
cause
whie
his
said
title
of
honour
depending
vpon
the
same
condition
should
therewith
cease
and
determine
,
and
that
the
same
should
returne
againe
to
the
Crowne
from
whence
it
was
deriued
.
The
forfeture
of
lands
in
fée
simple
.
27
Besides
the
forfeitures
aforesaide
,
30.
H.
6.
5.
euery
person
that
is
attainted
of
high
treason
,
petit
treason
,
or
felonie
,
shall
also
forfeit
his
lands
in
fée
simple
,
which
he
hath
in
his
owne
right
,
in
vse
,
or
possession
:
sauing
that
the
attainder
of
treason
by
force
of
the
Statute
of
Anno
5.
El.
1.
St.
5.
El.
1.
(
ordained
against
the
maintaining
of
the
authoritie
of
the
Bishops
and
Sea
of
Rome
)
shall
not
extend
to
make
any
corruption
of
bloud
,
the
disheritance
of
any
heire
,
forfeiture
of
any
dower
,
nor
to
preiudice
the
right
or
title
of
any
person
,
other
than
the
offendor
or
offendors
,
during
his
or
their
naturall
liues
onely
.
And
sauing
that
the
attainder
of
treason
,
by
force
of
the
Statute
of
Anno
5.
Eliz.
11.
St.
5.
El.
11
(
prouided
against
the
clipping
,
washing
,
filing
,
or
rounding
of
money
)
maketh
no
corruption
of
bloud
in
the
heire
,
or
forfeiture
of
dower
in
the
wife
.
And
sauing
that
the
attainder
of
treason
by
force
of
the
Statute
established
Anno
18.
El.
1.
(
against
impairing
,
diminishing
,
falsifying
,
skaling
,
St.
18.
El.
1
or
lightning
of
money
)
maketh
no
corruption
of
bloud
,
nor
the
wife
to
loose
her
dower
:
for
he
that
is
attainted
of
that
treason
shall
suffer
death
,
and
forfeit
all
his
goods
,
and
chattels
to
the
King
,
and
all
his
lands
during
his
life
onely
.
And
likewise
sauing
that
the
attainder
of
felonie
by
force
of
the
Statute
made
Anno
1.
Iac.
12.
(
against
coniuration
,
witchcraft
,
enchantment
,
St.
1.
Iac.
12
charme
,
and
sorcerie
)
maketh
no
corruption
of
bloud
,
nor
the
forfeiture
of
the
heires
or
successors
inheritance
of
any
land
,
nor
of
the
wiues
title
of
dower
.
And
further
sauing
that
the
attainder
of
felonie
by
force
of
the
Statute
prouided
Anno
1.
M.
12.
against
vnlawfull
assemblies
,
St.
1.
M.
12
maketh
no
corruption
of
bloud
.
And
moreouer
,
sauing
that
the
attainder
of
felonie
by
force
of
the
Statute
ordained
Anno
5.
El.
14.
against
the
forging
of
Euidences
,
St.
5.
El.
14.
and
writings
,
maketh
no
corruption
of
bloud
,
nor
forfeiture
of
land
or
dower
.
And
furthermore
sauing
that
the
attainder
of
felonie
by
force
of
the
Statute
of
Anno
31.
Eliz.
4.
St.
31.
El.
4
(
prouided
against
the
imbeseling
of
the
Quéenes
ordnance
,
armour
,
or
artillery
)
maketh
the
offendor
to
forfeit
no
lands
,
tenements
,
or
hereditaments
,
any
longer
than
during
his
life
,
St.
4.
Iac.
1.
S.
Triall
by
the
country
10.
Co.
li.
7.
34
S.
Br.
56.
no
corruption
of
bloud
,
nor
the
wife
to
forfeit
her
dower
.
And
the
same
lawe
is
,
if
an
Englishman
doe
commit
any
felonie
in
Scotland
.
And
if
a
man
haue
an
annuitie
to
him
and
his
heires
,
The
forfeture
of
an
annuity
.
and
he
doe
commit
high
treason
,
and
is
attainted
thereof
,
he
shall
forfeit
to
the
King
the
same
annuitie
by
force
of
the
before
recited
Statute
of
Anno
26.
H.
8.
13.
for
that
the
same
annuitie
is
an
inheritance
.
28
He
that
is
attainted
of
high
treason
,
petit
treason
,
or
felonie
,
Forfeiting
of
a
title
to
land
.
shall
also
forfeit
such
lands
,
whereof
he
hath
neither
possession
,
reuersion
,
or
remainder
,
but
onely
a
title
,
or
right
,
or
cause
of
action
.
As
if
a
man
be
disseised
of
lands
,
and
then
the
disseisée
committeth
high
treason
,
Co.
l.
3.
10
after
an
office
found
thereof
,
the
king
may
seise
those
lands
as
forfeited
and
escheated
vnto
him
,
in
respect
of
the
same
persons
attainder
of
treason
.
And
if
the
disseisée
be
attainted
of
petit
treason
,
or
felonie
,
the
Lord
of
the
Fée
,
of
whom
the
same
lands
be
holden
,
may
enter
into
the
same
lands
,
as
escheated
vnto
him
,
in
respect
o●
the
attainder
of
his
lawfull
tenant
.
But
the
Lord
cannot
haue
a
writ
or
escheat
,
or
other
action
to
recouer
the
same
land
,
because
his
tenant
died
not
,
or
was
not
seized
thereof
,
but
his
onely
remedie
is
to
enter
.
6.
H.
7.
9
And
if
a
man
make
a
lease
for
the
terme
of
life
of
his
land
,
and
after
committeth
felony
,
and
then
the
tenant
for
the
terme
of
life
dieth
,
the
Lord
may
enter
,
but
cannot
haue
a
writ
of
escheat
.
29
As
he
that
is
attainted
of
treason
,
or
felony
,
shal
forfeit
his
lands
,
Forfeiting
of
euidence
.
so
shal
the
Lord
to
whom
those
lands
be
forfeited
,
49.
H.
6.
14
haue
the
euidence
of
the
same
lands
,
as
escheated
or
forfeited
vnto
him
,
to
maintaine
his
title
in
the
same
lands
escheated
,
and
to
prooue
how
his
late
tenant
came
by
and
held
the
same
lands
.
St.
9.
H.
3.
29
30
Though
it
is
ordained
by
the
statute
of
Magna
Charta
,
That
iustice
shall
not
be
sold
,
deferred
,
or
denied
to
no
man
:
neither
shall
any
man
be
condemned
but
by
lawfull
triall
:
and
that
it
be
further
established
by
the
statute
of
Anno
5.
Edw.
3.
St.
5.
E.
3.
9
That
no
man
shal
be
attached
nor
foreiudged
of
life
,
lands
,
or
goods
,
against
the
forme
of
the
great
Charter
,
and
the
Law
of
the
Realme
:
So
that
the
Law
of
the
Realme
doth
allow
to
euery
man
that
is
an
offendor
,
his
answere
and
lawfull
triall
,
be
his
crime
supposed
to
be
neuer
so
great
,
and
the
proofe
thereof
neuer
so
manifest
.
But
if
a
man
that
is
arrested
of
Treason
or
Felony
,
or
being
vehemently
suspected
to
haue
committed
Treason
or
Felony
,
is
attempted
to
be
arrested
,
be
so
wilfull
,
stubborne
,
or
rebellious
,
Forfeiture
without
at-attainder
.
that
he
will
not
yéeld
to
be
iustified
and
tried
by
the
Law
,
but
will
either
kill
himselfe
,
or
giue
cause
to
other
men
to
slay
him
,
Fi.
Cor.
289
290
312.
S.
Br.
5.
for
resisting
and
not
submitting
his
obedience
to
the
Law
,
then
he
shal
forfeit
his
goods
,
so
that
this
offence
be
found
and
presented
by
twelue
men
before
the
Coroner
,
or
some
Iustices
after
his
death
:
for
in
this
case
the
default
is
in
the
offendor
,
and
not
in
the
Law
,
that
he
came
not
to
lawfull
triall
of
his
offence
;
for
the
law
requireth
no
more
,
but
that
the
supposed
offendor
shal
be
safely
kept
sub
custodia
legis
,
by
imprisonment
or
maineprise
,
vntill
it
be
tried
whether
he
be
an
offendor
or
not
.
But
though
the
person
thus
slaine
,
shall
for
his
disobedience
forfeit
his
goods
,
béeing
not
attainted
either
of
treason
or
felonie
,
yet
in
the
like
case
,
he
shall
not
forfeit
his
lands
if
hee
bee
slaine
in
arresting
or
after
arrest
,
or
otherwise
die
before
he
be
attainted
,
St.
34.
E.
3.
12.
as
it
appeareth
by
the
Stat.
of
ann
34.
Ed.
3.
12.
which
hath
established
,
That
for
forfeitures
of
dead
persons
not
attainted
,
nor
adiudged
in
their
liues
,
their
heires
or
land-tenants
shall
not
be
impeached
,
or
challenged
,
nor
of
any
other
forfeiture
,
except
the
forfeitures
in
old
time
adiudged
,
after
the
death
of
the
persons
by
presentment
in
Eyre
,
or
in
the
Kings
bench
,
or
of
felons
of
themselues
,
or
others
.
And
yet
some
doe
affirme
,
if
a
man
doe
leuie
warre
,
or
open
rebellion
against
the
King
,
or
is
assistant
to
his
enemies
in
the
field
,
and
then
is
slaine
in
battell
,
he
shall
forfeit
his
lands
&
goods
:
And
others
doe
adde
thereunto
,
that
the
same
his
Treason
and
manner
of
death
,
must
also
after
his
death
be
found
by
a
Iurie
super
visum
corporis
,
Co.
li.
4.
57
Pl.
Com.
262.
263.
before
the
chiefe
Iustice
of
England
,
being
the
soueraigne
Coroner
of
the
realm
,
and
he
must
returne
it
into
the
Kings
Bench
,
and
make
a
Record
therof
,
and
then
that
person
shall
forfeit
his
lands
and
goods
.
And
vpon
those
words
of
the
sayd
Statute
of
34.
Ed.
3.
viz.
(
Except
the
forfeitures
in
old
time
adiudged
after
the
death
of
the
persons
by
presentment
in
Eire
,
or
in
the
Kings
Bench
,
or
&c.
)
some
doe
inferre
,
that
if
a
presentment
in
Eire
,
or
in
the
Kings
Bench
,
be
made
of
such
an
open
rebellion
,
and
battell
thereupon
foughten
,
and
of
those
that
manifestly
shewing
themselues
to
bée
open
enemies
or
rebels
to
the
King
,
were
slaine
therein
,
that
by
the
words
of
the
same
Statute
,
they
shall
forfeit
their
lands
.
But
if
a
man
bée
arrested
for
counterfeiting
the
K.
great
or
priuie
Seale
,
for
forging
of
his
money
,
or
for
a
priuy
conspiracie
of
the
death
of
the
King
,
or
&c.
and
is
slaine
in
resisting
the
said
arrest
,
or
for
a
rescous
attempted
before
or
after
the
sayd
arrest
,
hee
shall
forfeit
his
goods
,
but
not
his
lands
.
And
if
he
bée
arrested
for
any
of
the
sayd
offences
,
and
committed
to
prison
for
the
same
,
and
after
doth
dye
in
prison
before
he
bee
attainted
of
any
of
the
sayd
offences
,
he
shall
neither
forfeit
lands
nor
goods
,
though
he
be
taken
with
the
manoure
,
viz.
found
hand
hauing
,
and
backe
bearing
:
for
though
it
is
a
mischiefe
that
a
man
committing
high
Treason
,
shall
forfeit
neither
life
,
lands
,
or
goods
,
yet
the
law
doth
rather
beare
with
that
mischiefe
,
than
to
suffer
such
an
inconuenience
,
that
a
man
onely
accused
,
or
but
only
a
supposed
offendor
,
should
bée
attainted
,
and
forfeit
his
lands
and
goods
,
where
being
preuented
by
death
,
viz.
by
the
hand
of
God
,
hee
cannot
come
to
answer
,
and
defend
himselfe
,
and
by
that
meanes
cannot
bée
condemned
by
such
lawfull
tryall
which
is
meant
and
specified
in
the
before
rehearsed
Statute
of
Magna
charta
:
But
for
the
auoiding
of
question
and
doubt
in
the
case
aforesaid
,
they
which
haue
béene
knowne
parties
to
such
open
and
manifest
rebellions
,
St.
29.
H.
6.
1
St.
12.
El.
16
St.
29.
El.
1
St.
35.
El.
5.
St.
3.
Iac.
2.
haue
béen
of
late
yeares
attainted
by
Act
of
Parliament
,
and
their
lands
and
goods
giuen
as
forfeit
to
the
King
:
As
it
appeareth
by
the
stat.
of
Anno
29.
H.
6.
13.
El.
29.
El.
35.
El.
3.
Iac.
The
forf.
of
the
yeare
,
day
,
and
wast
.
31
There
is
another
forfeiture
besides
the
losse
of
life
,
lands
,
annuities
,
Fi.
Cor.
310
290.
327.
and
goods
,
wherewith
the
law
hath
deuised
to
punish
those
that
doe
commit
petit
Treason
,
or
Felonie
,
and
be
attainted
thereof
,
which
is
called
in
Latine
the
forfeiture
of
Diem
,
annum
,
&
vastum
,
the
forfeiture
of
the
yeare
,
day
,
and
wast
,
which
is
executed
vpon
the
houses
and
lands
of
the
offendor
,
that
be
holden
of
any
other
,
sauing
of
the
king
:
That
is
,
the
felons
houses
and
lands
shall
bée
seised
into
the
Kings
hands
,
where
they
shall
remaine
by
the
space
of
a
yeare
,
and
day
,
and
then
the
houses
shall
be
throwne
downe
to
the
ground
,
the
trées
shall
be
pulled
vp
by
the
roots
,
the
medowes
shal
be
ploughed
vp
,
and
all
things
which
the
felon
did
build
or
plant
,
shal
be
cast
downe
,
digged
vp
,
Fitz.
Cor.
358.
and
supplanted
:
Which
punishment
was
ordained
in
despight
of
offendors
,
and
to
shew
to
others
,
how
much
the
law
doth
detest
murderers
,
committers
of
burglarie
,
robberie
,
and
other
felonies
,
and
as
much
as
may
be
to
terrifie
and
discourage
others
to
attempt
or
practise
the
like
.
32
It
appeareth
by
Bracton
,
that
by
the
common
law
the
King
should
haue
had
but
onely
the
wast
of
a
Felons
lands
,
viz.
the
benefit
to
pull
downe
his
houses
,
root
vp
his
trées
,
plough
vp
his
medowes
,
and
such
other
commodities
,
as
he
could
haue
raised
by
spoyling
and
wasting
of
the
felons
houses
,
trées
,
and
lands
,
and
that
then
the
land
so
wasted
should
haue
béene
presently
deliuered
to
the
Lord
of
the
fée
of
whom
the
same
lands
were
holden
,
which
wast
and
spoyle
was
then
made
without
redemption
.
And
after
by
a
composition
made
betwéene
the
King
and
the
Lords
,
it
was
agréed
,
By
what
means
the
K.
came
by
the
yere
,
day
,
and
wast
.
That
the
King
should
haue
the
benefit
of
the
felons
lands
a
yeare
and
a
day
,
to
redeeme
the
spoyle
and
wast
which
hée
might
make
of
the
sayd
felons
lands
.
And
the
K.
graunt
by
the
great
Charter
made
Anno
9.
H.
3.
St.
9.
H.
4.
3
22.
tendeth
to
the
same
effect
,
viz.
Wee
will
not
hold
the
lands
of
those
that
bée
conuict
of
felonie
,
but
a
yere
and
a
day
,
and
then
they
shall
bée
deliuered
to
the
Lords
of
the
fées
.
And
so
it
séemeth
,
that
King
Henrie
the
third
,
and
King
Edward
the
first
,
did
hold
themselues
satisfied
with
the
yeare
and
day
of
the
felons
lands
,
without
taking
the
wast
thereof
.
St.
17.
E.
2.
16
But
after
Anno
17.
Ed.
2.
the
Kings
Prerogatiues
royall
béeing
expressed
,
or
enacted
by
Parliament
,
amongst
others
it
is
ordayned
,
That
the
King
shall
haue
all
the
goods
of
felons
which
be
condemned
,
and
which
be
fugitiue
,
wheresoeuer
they
bée
found
:
And
if
they
haue
any
freehold
,
it
shall
bée
forthwith
seised
into
the
Kings
hands
,
and
the
King
shall
haue
the
profits
thereof
by
the
space
of
a
yeare
and
a
day
,
and
the
land
shall
bée
wasted
and
destroyed
in
the
houses
,
woods
,
and
gardens
,
and
in
all
things
belonging
to
the
same
(
except
men
of
certaine
places
priuiledged
)
And
after
the
King
hath
had
the
yeare
,
day
,
and
wast
,
the
land
shall
bée
restored
to
the
chiefe
Lord
of
the
same
fee
,
vnlesse
that
before
he
redéeme
the
same
yeare
,
day
,
and
wast
,
of
the
King
,
by
the
paiment
of
a
fine
.
But
there
is
a
custome
in
the
Countie
of
Glocester
,
that
after
a
yeare
and
a
day
the
lands
and
tenements
of
Felons
in
that
Shire
,
shall
reuert
and
be
restored
to
the
next
heire
to
whom
they
ought
to
haue
discended
,
if
the
felonie
had
not
béene
committed
.
And
in
Kent
in
Gauelkind
,
the
father
to
the
bough
,
the
sonne
to
the
plough
,
there
all
the
heires
males
shall
diuide
their
inheritance
,
and
likewise
women
:
but
women
shall
not
make
partition
with
men
.
33
By
force
of
which
stat.
of
Praerogatiua
Regis
,
The
yere
,
day
,
and
wast
of
lands
,
of
what
title
,
shal
be
forfeited
.
euer
sithence
that
time
the
King
hath
had
all
the
thrée
things
aforesaid
,
viz.
the
yeare
,
the
day
,
and
the
wast
of
the
lands
of
him
which
was
attainted
of
felonie
,
as
one
of
the
prerogatiues
annexed
to
the
Crowne
,
in
all
cases
where
the
felon
had
such
an
estate
in
his
land
,
Bracton
de
Corona
,
cap.
13.
that
he
might
forfeit
the
same
after
his
death
,
and
that
hee
himselfe
might
lawfully
haue
made
wast
in
the
same
,
without
being
impeached
therefore
.
And
therefore
if
the
felon
be
but
tenant
for
the
terme
of
life
,
or
for
the
terme
of
yeares
of
lands
,
the
king
shall
not
haue
the
yeare
,
day
,
and
wast
of
them
,
after
the
felons
death
,
for
then
he
might
wast
another
mans
inheritance
.
But
if
a
man
that
is
seised
of
lands
in
the
right
of
his
wife
,
do
commit
felonie
,
and
is
attainted
thereof
,
the
king
shall
haue
the
profits
of
the
land
during
the
husbands
life
if
the
wife
doe
liue
so
long
.
Fitz.
Cor.
327.
And
some
doe
affirme
,
that
the
king
shall
haue
the
yeare
,
day
,
and
wast
of
the
said
wiues
lands
,
after
the
felons
death
,
because
the
felon
during
his
life
might
haue
committed
wast
therein
,
and
for
that
the
felon
had
such
an
estate
in
his
wiues
lands
,
that
by
the
common
law
he
might
in
his
life
haue
made
alienation
of
them
,
and
driuen
his
wife
to
her
Cuiin
vita
,
to
haue
recouered
them
.
But
that
séemeth
to
be
helped
(
if
any
such
law
were
before
)
by
the
Statute
of
Anno
32.
H.
8.
where
it
is
ordained
,
That
no
fine
,
feoffement
,
or
other
act
,
made
,
suffered
,
St.
32.
H.
8.
28
or
done
by
the
husband
onely
,
of
any
lands
,
tenements
,
or
other
hereditaments
,
being
the
inheritance
or
fréehold
of
his
wife
,
during
the
couerture
betwéene
them
,
shall
in
any
wise
be
,
or
make
any
discontinuance
thereof
,
or
be
preiudiciall
or
hurtfull
to
the
said
wife
,
or
her
heires
,
or
to
such
as
shall
haue
title
,
interest
,
or
right
to
the
same
,
by
the
death
of
such
wife
:
But
the
same
wife
,
or
her
heires
,
and
such
other
to
whom
such
right
shall
appertaine
after
her
decease
,
shall
and
may
then
lawfully
enter
into
such
lands
,
&c.
according
to
their
rights
and
titles
therein
,
notwithstanding
such
fine
,
feoffement
,
or
other
act
(
fines
leuied
by
the
husband
and
wife
,
whereunto
the
said
wife
is
partie
and
priuie
,
only
except
.
)
By
which
Statute
the
wife
after
the
death
of
her
husband
,
may
enter
into
her
owne
land
,
notwithstanding
any
attainder
,
forfeiture
,
or
other
act
done
by
her
husband
.
No
yere
,
day
,
and
wast
of
lands
holden
by
ioynt
purchase
.
34
A
man
seised
of
land
in
fée
simple
,
holden
of
a
common
person
,
did
infeoffe
thereof
the
husband
and
wife
,
and
their
heires
,
the
husband
committed
felonie
,
and
was
attainted
thereof
,
the
King
seised
the
land
into
his
hands
,
for
his
yere
,
day
,
and
wast
,
and
after
the
Kings
said
terme
expired
,
4.
E.
3.
47.
the
Lord
of
the
fée
of
whom
the
same
land
was
holden
,
did
sue
in
the
Chauncerie
to
haue
the
same
land
restored
to
him
,
to
whom
,
by
warrant
,
the
Escheator
did
deliuer
the
same
lend
,
vpon
whose
possession
the
wife
of
the
felon
attainted
did
enter
,
and
the
said
Lord
of
the
fée
reentred
vpon
her
,
whereupon
the
sayd
woman
brought
an
Assise
against
the
sayd
Lord
,
and
recouered
the
land
:
Because
the
fée
simple
of
the
same
land
being
in
the
wife
,
by
reason
of
the
ioynt
purchase
with
her
husband
,
the
K.
ought
not
to
haue
had
the
yeare
and
day
after
the
felons
death
,
nor
the
Lord
of
the
fée
the
land
after
by
Escheat
.
35
If
tenant
in
tayle
Tenant
in
tayle
.
generall
or
speciall
,
or
tenant
in
franke
mariage
of
land
,
do
commit
petit
Treason
,
or
Felonie
,
and
is
attainted
thereof
,
and
executed
,
the
King
after
his
death
shall
neither
haue
the
yeare
,
day
,
or
wast
in
the
felons
land
;
nor
the
Lord
of
the
fée
shall
haue
the
land
by
Escheat
,
but
after
the
felons
death
the
same
land
shall
discend
,
reuert
,
or
remaine
secundum
formam
doni
,
to
the
next
heire
in
tayle
of
the
felon
,
or
to
him
in
the
reuersion
or
remainder
thereof
:
for
in
this
case
the
felon
was
in
effect
but
tenant
for
the
terme
of
his
owne
life
,
and
thereby
could
not
forfeit
a
greater
estate
in
his
land
,
than
that
which
he
had
.
And
in
in
like
sort
if
he
that
hath
land
by
fresh
disseisin
,
or
is
tenant
in
fee
farme
of
land
,
A
disseiser
.
Tenant
in
fée
farme
.
A
mortgagée
.
vpon
condition
to
pay
the
vttermost
yearely
value
thereof
,
or
hath
land
in
Mortgage
,
to
be
redeemed
by
the
Mortgager
,
vpon
condition
of
payment
of
money
,
or
other
condition
,
doth
commit
petit
treason
,
or
felonie
,
and
is
attainted
thereof
,
the
King
shall
not
haue
the
yeare
,
day
,
and
wast
,
for
that
would
tend
to
the
preiudice
of
others
,
not
partie
to
the
offence
,
who
haue
,
or
may
haue
a
better
right
and
title
to
the
same
lands
than
the
felon
attainted
.
Fi.
Cor.
310
36
If
a
man
that
is
owner
of
land
in
antient
demesne
,
Tenant
in
antient
demesne
.
which
hee
may
sell
without
consent
of
the
Lord
,
doe
commit
petit
Treason
or
Felonie
,
and
is
attainted
thereof
,
the
King
shall
haue
the
yeare
,
day
,
and
wast
,
notwithstanding
that
he
hath
vsed
to
surrender
the
land
into
the
Lords
hands
by
a
rod
in
the
Court
,
vpon
euerie
alienation
thereof
.
But
if
he
be
owner
of
the
land
in
auntient
demesne
of
a
base
tenure
,
it
is
otherwise
.
Fitz.
Cor.
290.
37
A
man
that
tooke
a
Church
for
felonie
escaped
,
and
the
towne
pursued
,
The
yere
,
day
&
wast
without
attainder
.
and
killed
him
,
because
he
would
not
yéeld
himselfe
;
and
this
matter
was
presented
before
the
Iustices
in
Eyre
,
and
they
adiudged
,
that
his
goods
,
and
the
profits
of
his
lands
,
should
be
forfeited
to
the
King
,
from
the
time
of
his
flying
vntill
the
presentment
;
and
also
that
the
King
should
haue
the
yeare
,
day
,
and
wast
.
S.
Br.
30.
But
this
land
shall
not
come
to
the
Lord
of
the
fée
by
Escheat
,
because
hée
was
not
attainted
of
felonie
.
Pi.
Cor.
332
38
The
King
shall
not
haue
the
yeare
,
day
,
The
yere
,
day
and
wast
of
a
Clerke
conuict
.
Land
of
small
value
.
and
wast
of
the
lands
of
a
clerk
conuict
,
neither
shall
the
Lord
of
the
fée
haue
the
forseiture
thereof
,
for
that
the
offendor
is
not
attainted
,
but
onely
conuict
of
felonie
.
And
if
the
land
of
the
felon
attainted
,
be
but
of
the
yearely
value
of
thrée
or
foure
shillings
,
or
of
so
small
value
,
Fi.
Cor.
327
that
it
will
cost
more
to
obtaine
it
by
suit
out
of
the
Kings
hands
than
it
is
worth
,
then
the
King
shall
not
haue
the
yeare
,
day
,
and
wast
thereof
.
St.
17.
E.
2.
16
39
The
words
of
the
foresayd
Stat.
of
Praerogatiua
Regis
be
(
If
they
haue
any
fréehold
,
When
the
K.
shall
haue
the
felons
yeare
,
day
,
and
wast
.
it
shall
bée
presently
seised
into
the
Kings
hands
)
This
word
presently
,
ought
to
bee
intended
immediatly
after
the
Office
found
,
and
not
before
:
49.
E.
3.
11.
Fitz.
N.
B.
fol.
144.
And
therefore
if
an
Office
of
that
land
bee
not
found
vntill
it
bee
many
yeares
after
the
felons
attainder
,
yet
from
the
time
of
the
Office
found
,
vntill
a
yeare
and
a
day
after
,
the
King
shall
haue
the
Felons
lands
.
And
also
the
King
shall
haue
the
profit
of
the
Felons
lands
,
from
the
time
of
his
attainder
,
vntill
the
Office
bée
found
thereof
,
though
it
bée
twentie
years
betwéene
the
attainder
and
the
Office
:
for
the
heire
of
the
felon
cannot
haue
it
in
respect
of
the
corruption
of
bloud
:
And
the
Lord
must
not
haue
it
by
Escheat
,
vntill
the
King
bée
intituled
vnto
it
by
Office
,
and
vntill
one
yeare
and
a
day
after
,
and
vntill
the
King
hath
wasted
it
,
vnlesse
the
Lord
doth
agrée
with
the
King
in
the
meane
time
,
for
the
sayd
yeare
,
day
,
and
wast
.
And
moreouer
,
Fitz.
Trauerse
48.
4.
E.
3.
47.
the
Lord
cannot
at
any
time
enter
into
the
same
land
as
escheated
vnto
him
,
vntill
hée
hath
sued
a
writ
to
haue
it
deliuered
vnto
him
out
of
the
Kings
hands
:
for
after
a
writ
is
awarded
to
find
the
land
of
him
that
is
attainted
of
Felonie
,
another
Writ
shall
bée
directed
,
to
enquire
if
the
King
hath
had
the
yeare
,
Regist.
fol.
165.
day
,
and
wast
:
and
that
beeing
found
,
the
Lord
shall
haue
the
land
out
of
the
Kings
hands
,
and
not
before
:
because
though
the
attainder
of
the
Felon
was
found
,
and
that
the
King
ought
to
haue
had
the
yeare
,
day
,
and
wast
,
yet
it
may
bee
that
the
King
neuer
had
the
profit
thereof
,
but
was
interrupted
by
some
p●●●on
,
or
by
some
casuall
meanes
.
40
This
commoditie
to
the
King
,
and
forfeiture
of
the
felon
,
of
the
yeare
,
Fit
.
Cor.
310
day
,
and
wast
,
is
such
a
benefit
to
the
King
,
and
so
firmely
and
highly
annexed
to
the
Crowne
,
The
yere
,
day
,
and
wast
,
not
grantable
from
the
Crowne
.
that
it
cannot
be
seuered
from
it
,
or
granted
to
any
other
:
neither
can
any
person
claime
it
by
colour
of
any
franchise
or
libertie
.
But
after
the
King
is
intituled
vnto
it
by
Office
,
hée
may
graunt
or
commit
the
land
to
another
during
the
yeare
and
day
,
and
also
giue
him
authoritie
to
take
the
benefit
of
the
wast
.
What
goods
of
felons
the
king
shal
haue
41
The
words
of
the
foresaid
stat.
of
Praerog
.
Regis
be
(
The
K.
shal
haue
all
the
goods
of
felons
which
be
condemned
,
and
which
bee
fugitiue
)
which
is
as
much
to
say
,
as
he
shall
haue
all
their
goods
,
mouable
and
vnmouable
:
for
the
King
shal
haue
the
corne
growing
vpon
the
land
of
the
felon
attainted
,
and
the
issues
and
profits
of
the
land
,
which
he
hath
in
his
owne
right
,
or
in
the
right
of
his
wife
,
during
the
time
of
his
life
,
or
vntill
he
doth
purchase
his
pardon
.
But
touching
the
profit
of
fugitiues
lands
,
there
is
a
difference
betwéene
a
flying
presented
before
the
Coroner
,
and
a
flying
found
by
verdict
vpon
an
acquitall
:
for
vpon
a
flying
presented
before
the
Coroner
,
Forfeiture
vpon
flying
.
Fi.
Cor.
296
344.
he
shall
forfeit
the
profits
of
his
lands
,
vntill
his
death
,
or
vntill
he
be
acquit
,
or
vntill
he
hath
purchased
the
K.
pardon
:
but
vpon
a
flying
found
by
verdict
,
vpon
acquitall
,
he
shall
forf.
no
issues
of
his
lands
,
for
by
his
acquitall
the
land
is
discharged
,
and
consequently
the
issues
thereof
.
From
what
time
forf.
of
land
shal
haue
relation
.
42
The
law
hath
restrained
offendors
in
Treason
and
Felonie
to
certaine
times
,
to
make
alienation
of
their
lands
and
goods
,
and
hath
prefixed
limits
whereunto
the
forfeiture
of
their
said
lands
and
goods
shall
haue
relation
;
and
yet
with
this
difference
,
That
as
soone
as
any
Treason
or
Felonie
is
committed
,
the
offendor
therein
is
restrained
to
make
any
alienation
of
his
lands
,
for
then
it
is
not
his
land
,
but
by
the
committing
of
the
Treason
or
Felonie
,
Pl.
Com.
263.
30.
H.
6.
5.
Bracton
.
Fitz.
Forf
.
30.
Bracton
l.
2.
13.
hee
hath
forfeited
all
the
estate
which
he
had
therein
.
And
therefore
,
if
betwéen
the
time
of
the
committing
of
the
Treason
or
Felonie
,
and
of
the
offendors
attainder
thereof
,
the
offendor
doth
make
any
alienation
or
assurance
of
his
land
,
after
the
time
that
the
offendor
shall
be
attainted
of
the
same
Treason
or
Felonie
,
the
said
assurance
shall
bée
void
,
whether
the
same
attainder
bée
by
verdict
,
confession
,
or
outlawrie
:
for
the
forfeiture
of
the
land
shall
haue
relation
from
the
time
of
the
offence
committed
.
From
what
time
the
forf.
of
goods
shall
haue
relation
.
43
The
forfeiture
of
goods
and
chattels
shall
not
looke
backe
so
farre
as
forfeyture
of
landes
,
nor
shall
haue
relation
from
the
time
of
the
Treason
or
Felonie
committed
,
but
from
the
time
of
the
Attaynder
of
the
Treason
,
or
Felonie
:
And
therefore
if
one
doe
commit
Treason
,
or
Felony
,
Fi.
Forf
.
30
and
in
the
meane
time
betwéene
the
Treason
or
Felony
committed
,
and
the
offendors
attainder
thereof
,
the
offendor
doth
giue
away
his
goods
,
this
is
a
good
gift
,
for
as
yet
they
be
not
forfeit
,
but
be
his
owne
to
maintaine
himselfe
and
his
family
,
vntill
he
be
attainted
of
Treason
,
or
Felony
,
and
by
the
Law
adiudged
not
worthy
to
possesse
or
enioy
goods
,
nor
to
haue
sustenance
.
And
therefore
,
if
vpon
a
fugam
fecit
presented
before
the
Coroner
,
one
doe
forfeit
his
goods
,
he
shall
not
forfeit
those
goods
that
hée
had
at
the
time
of
the
Felony
committed
,
but
he
shall
onely
forfeit
those
goods
which
he
had
at
that
day
,
when
the
fugam
fecit
was
presented
against
him
.
And
in
like
sort
,
if
one
that
is
indicted
of
Felony
be
acquit
thereof
by
verdict
,
and
in
their
verdict
the
Iury
doe
find
,
Fi.
Cor.
296
that
the
prisoner
did
flye
for
the
Felony
,
in
this
case
the
same
prisoner
shall
forfeit
those
goods
which
hee
had
the
day
of
the
verdict
giuen
,
and
not
any
goods
which
he
had
before
.
And
so
it
is
,
if
one
be
conuict
by
verdict
,
7.
H.
4.
41.
the
goods
shall
be
forfeited
which
the
offendor
had
the
day
of
the
verdict
giuen
,
and
not
those
which
he
had
before
.
And
he
that
is
outlawed
of
Treason
or
Felony
,
shall
forfeit
those
goods
which
he
hath
at
the
time
of
the
Exigent
awarded
,
and
not
those
which
he
had
before
,
and
hath
aliened
.
But
if
a
man
doe
commit
a
Treason
or
Felony
,
and
is
arrested
thereof
,
and
as
he
is
in
carrying
to
a
Iustice
of
Peace
to
be
examined
,
or
to
the
Gaole
by
the
Constables
,
or
others
,
doe
breake
away
,
or
in
making
of
rescous
or
resistance
is
slaine
by
those
which
do
so
carry
him
,
because
he
will
not
yéeld
,
and
be
iustified
by
the
law
:
Fi.
Cor.
290
in
this
case
those
goods
shal
be
forfeited
,
which
he
had
at
the
time
of
the
felony
committed
.
And
so
it
is
,
if
one
commit
a
Felony
,
and
when
the
Shirife
,
Coroner
,
Constable
,
or
others
do
attempt
to
apprehend
him
▪
he
is
slain
because
he
doth
resist
,
and
will
not
yeeld
to
be
arrested
,
the
goods
shal
be
forfeited
which
he
hath
at
the
time
of
the
felony
committed
.
44
It
appeareth
by
the
statute
of
3.
Ed.
1.
St.
3.
E.
1.
intituled
Officium
Coronatoris
,
Who
shal
seise
and
keepe
Felons
goods
,
and
when
.
That
if
any
person
be
found
guilty
before
the
Coroner
of
the
death
of
another
,
presently
the
Coroner
shall
goe
to
his
house
,
and
inquire
what
cattell
hee
hath
,
and
what
corne
he
hath
in
his
graunge
,
and
what
on
the
ground
,
and
if
he
be
a
Fréeman
,
what
land
he
hath
,
and
how
much
it
is
worth
by
the
yeare
:
and
when
they
haue
so
inquired
of
all
things
,
they
shall
cause
the
land
,
the
corne
,
and
cattell
to
bée
priced
,
as
if
they
should
be
forthwith
sold
,
and
immediatly
they
shall
be
deliuered
to
the
whole
Towne
,
to
answere
for
the
same
before
the
Iustices
.
And
in
like
sort
,
when
it
is
found
before
the
Coroner
,
that
one
did
flye
for
a
Felony
,
22.
Ass.
p.
96
the
Shirife
shall
presently
seize
his
lands
into
the
Kings
hands
by
word
,
without
Enquest
,
and
also
shall
seize
all
his
goods
into
the
Kings
hands
,
and
shall
appraise
them
by
an
Enquest
(
as
well
of
Villaines
as
of
Freemen
)
and
the
prices
shal
bée
inrolled
in
the
Coroners
Roll
,
and
deliuered
to
the
Towne
,
to
answere
to
the
King
for
the
same
:
for
by
that
which
is
found
before
the
Coroner
,
the
goods
bée
forfeited
,
without
further
inquiry
.
43.
E.
3.
24
And
so
may
another
Officer
of
the
Kings
seize
the
goods
of
a
Felon
before
attainder
,
and
if
the
Felon
doth
find
surety
,
the
Officer
must
leaue
them
in
his
custody
.
But
whether
hée
doth
find
surety
,
or
not
,
the
Officer
ought
not
to
carry
them
away
,
but
must
leaue
them
in
the
custodie
of
the
Felons
neighbours
:
For
if
one
bée
indicted
of
Felony
,
his
goods
shall
not
be
remoued
forth
of
his
house
vntill
he
be
attainted
,
7.
H.
4.
●1
but
shal
be
kept
by
his
neighbours
all
the
time
of
his
imprisonment
,
and
the
Felon
shal
be
maintained
with
them
.
And
according
thereunto
there
is
a
writ
in
the
Register
,
Registrum
.
viz.
Quod
tenementa
&
bona
taliter
capta
,
videantur
&
imbreuiantur
,
&
saluo
custodiantur
per
balliuum
ipsius
capti
,
qui
securitatem
Regiinueniet
ei
respondendi
,
si
&c.
saluis
inde
ipfi
capto
&
familiae
suae
necessarijs
quamdiu
fuerit
in
prisona
.
By
which
writ
it
doth
appeare
,
and
also
by
the
assertions
of
Bracton
and
Britton
,
that
one
which
is
indicted
or
imprisoned
for
Felony
,
shall
not
bée
put
out
of
the
possession
of
his
goods
,
vntill
he
be
conuict
of
Felony
,
but
he
must
haue
reasonable
maintenance
of
his
goods
for
him
and
his
family
,
vntill
he
bée
conuict
,
and
then
that
which
doth
remaine
shal
be
the
kings
.
And
yet
the
felon
must
not
disorderly
sell
or
wast
his
goods
:
and
so
this
difference
is
to
be
obserued
in
seising
of
a
Felons
goods
,
viz.
where
the
goods
be
forfeited
before
the
felony
tried
,
and
where
they
be
not
forfeited
vntill
the
felony
tried
:
For
if
they
be
forfeited
before
the
felony
tried
,
they
shal
be
presently
seised
vpon
the
forfeiture
of
them
,
though
there
be
no
conuiction
of
felony
(
as
in
the
foresaid
cases
,
where
one
is
found
guilty
before
the
Coroner
of
the
death
of
another
,
or
where
it
is
found
before
the
Coroner
,
that
one
did
flie
for
a
felony
:
)
But
if
they
be
not
forfeited
vntill
the
felony
tried
,
then
they
shall
not
be
seised
,
vntill
the
Felon
be
conuicted
.
The
goods
of
a
prisoner
shal
not
be
seised
vntill
he
be
attainted
.
45
And
because
that
diuers
persons
were
often
arrested
and
imprisoned
for
suspition
of
Felony
,
sometime
of
malice
,
and
sometime
of
light
suspition
,
and
were
kept
in
prison
without
baile
or
mainprise
;
and
for
that
sometime
shirifes
,
escheators
,
baylifes
of
Liberties
,
and
others
,
did
seise
and
take
away
the
goods
of
some
persons
arrested
or
imprisoned
for
Felony
,
before
the
same
person
was
conuict
or
attainted
of
the
same
Felony
,
contrary
to
the
common
law
:
Therefore
partly
to
confirme
the
common
law
,
and
partly
to
giue
to
the
party
grieued
a
more
ample
recompence
for
his
wrong
receiued
then
the
common
law
before
did
,
viz.
to
giue
him
the
double
value
of
his
goods
so
taken
or
seised
,
where
the
common
law
gaue
him
the
single
value
,
and
partly
to
giue
him
a
speedy
remedy
to
recouer
the
same
,
there
was
a
stat.
made
Ann̄
1.
R.
3.
St.
1.
R.
3.
3
by
the
which
it
is
ordained
,
That
no
Shirife
,
Vndershirife
,
Escheator
,
Baylife
of
Franchise
,
or
other
person
,
shall
take
or
seise
the
goods
of
any
person
arrested
or
imprisoned
,
before
the
same
person
or
persons
so
arrested
or
imprisoned
be
conuict
or
attainted
of
such
felony
,
according
to
the
law
of
England
:
or
otherwise
that
the
same
goods
be
in
some
manner
lawfully
forfeited
,
vpon
paine
to
loose
the
double
value
of
the
goods
so
taken
,
to
him
or
them
which
be
endamaged
therby
,
by
action
of
Debt
in
this
behalfe
to
be
pursued
,
by
like
proces
,
iudgement
,
&
execution
,
as
is
commonly
vsed
in
other
actions
of
Debt
pursued
at
the
common
law
,
wherin
no
wager
of
law
,
essoine
,
or
protection
shall
be
allowed
:
This
stat.
of
1.
R.
3.
extendeth
only
to
those
that
be
arrested
or
imprisoned
:
for
notwithstanding
this
statute
,
the
shirife
may
seise
the
goods
of
them
which
be
at
liberty
and
indicted
of
felony
,
at
the
second
Capias
,
by
force
of
the
stat.
of
25.
E.
3.
St.
2●
E.
3.
14
as
it
appeareth
Appeales
59.
46
The
custody
of
the
goods
of
those
which
be
conuict
of
Felony
,
Who
shal
haue
the
custody
of
felons
goods
forfeited
.
or
which
be
Fugitiues
,
after
they
be
forfeited
,
doth
belong
to
the
Towne
where
the
same
goods
be
,
or
where
the
Felon
both
dwell
:
and
therefore
vpon
a
fugam
fecit
presented
before
the
Coroner
,
22.
As
.
p.
96.
the
goods
ought
to
be
seised
by
the
Shirife
,
and
praysed
by
an
Enquest
,
and
the
appraisement
must
bée
inrolled
in
the
Coroners
Roll
,
and
the
goods
shal
be
deliuered
to
the
towne
,
to
answere
to
the
king
for
them
:
Fi.
Cor.
366
and
though
the
goods
be
not
deliuered
to
the
towne
,
yet
if
the
goods
were
in
the
Felons
possession
at
the
time
of
his
conuiction
,
or
flying
,
the
towne
shall
answere
for
them
.
And
some
do
affirme
,
that
the
shirife
and
the
Dozeners
may
seize
Felons
goods
into
the
kings
hands
,
and
the
shirife
shall
deliuer
those
goods
to
the
towne
,
to
answere
to
the
king
at
the
comming
of
the
Iustices
in
Eyre
:
But
if
neither
the
Shirife
nor
the
Dozeners
doe
seize
the
same
goods
,
yet
the
towne
shall
answere
to
the
king
for
them
at
the
comming
of
the
Iustices
in
Eyre
:
For
as
soone
as
a
fugam
fecit
is
found
before
the
Coroner
,
Fi.
Forf
.
32
the
towne
shal
be
presently
charged
with
the
goods
of
him
that
did
flye
away
.
And
though
it
be
presented
before
the
Iustices
,
that
a
Felon
was
deliuered
to
the
shirife
with
the
manoure
,
and
with
all
his
goods
,
yet
the
towne
shal
be
charged
with
the
said
Felons
goods
,
though
the
same
was
found
,
and
presented
with
intent
to
ease
or
discharge
the
same
town
.
And
in
like
sort
,
notwithstanding
it
doth
appeare
by
the
Coroners
Roll
,
Fi.
Cor.
300
that
the
goods
of
a
Felon
were
deliuered
to
one
man
of
the
town
,
yet
the
king
shall
leuy
those
goods
of
the
whole
towne
.
But
when
the
shirife
doth
come
to
leuy
those
goods
of
the
town
,
by
the
shirifes
consent
they
may
be
leuied
of
him
only
who
had
them
in
custody
.
Fit
.
Co.
181
One
that
was
indicted
of
Felony
,
appeared
at
the
Exigent
,
and
pleaded
,
and
was
acquit
,
and
his
goods
being
forfeited
,
because
he
did
not
come
in
before
the
Exigent
awarded
,
were
praised
by
the
Enquest
,
which
acquitted
him
at
forty
shillings
:
and
the
same
Enquest
found
what
towne
was
charged
with
them
,
which
said
presentment
of
the
Enquest
was
inrolled
,
and
it
was
adiudged
,
that
the
same
towne
may
seize
the
same
Felons
goods
in
what
place
soeuer
they
can
find
them
.
And
because
the
towne
where
the
Felons
goods
be
,
shall
answere
for
them
,
therefore
they
which
doe
take
into
their
possession
any
of
the
same
Felons
goods
,
and
other
goods
which
do
belong
vnto
the
king
as
Deodands
,
and
such
like
,
are
to
be
amerced
by
the
Iustices
in
Eyre
,
if
the
same
goods
be
not
deliuered
vnto
them
by
the
towne
,
which
hath
the
charge
of
them
,
for
that
the
same
towne
hath
the
custody
of
them
.
But
by
a
Statute
made
Anno
31.
Ed.
3.
St.
31.
E.
3.
3
the
towne
shal
be
eased
of
this
charge
,
if
they
can
shew
what
other
person
hath
detained
those
goods
,
and
that
they
could
neuer
haue
possession
of
them
:
the
words
of
which
statute
be
:
If
any
man
or
towne
be
charged
in
the
Exchequer
by
the
Estreats
of
the
Iustices
,
of
the
goods
of
Fugitiues
and
Felons
,
and
he
will
alledge
in
discharge
of
himselfe
,
another
that
is
chargeable
,
he
shal
be
heard
,
and
right
shal
be
done
.
And
therfore
if
it
be
found
by
office
before
the
Escheator
,
that
the
goods
of
a
man
attainted
of
Felony
be
in
the
custody
of
such
a
person
:
in
this
case
a
Scire
facias
shal
be
awarded
vpon
the
same
office
against
the
said
person
,
to
shew
if
he
hath
any
thing
to
say
why
he
should
not
answer
those
goods
.
But
if
it
be
found
by
the
Enquest
,
which
did
attaint
the
Felon
before
Iustices
of
Gaole
deliuery
,
Iustices
of
Oier
and
Determiner
,
or
Iustices
of
Peace
,
that
any
person
doth
detaine
the
goods
of
a
Felon
attainted
,
the
said
Iustices
cannot
award
proces
thereupon
against
the
party
,
that
doth
detaine
the
same
goods
,
but
they
must
send
their
Estreats
into
the
Exchequer
,
and
the
officers
of
the
exchequer
will
award
proces
against
the
same
party
to
leuy
the
same
goods
.
And
yet
if
he
that
is
presented
to
detaine
the
same
goods
,
do
find
himselfe
grieued
therewith
,
he
cannot
haue
a
Trauerse
in
the
Exchequer
to
that
which
is
found
by
the
Iury
,
because
the
court
of
Exchequer
hath
not
the
record
before
them
,
neither
can
he
trauerse
the
same
before
the
Iustices
of
Gaole
deliuerie
,
Iustices
of
Oyer
and
Determiner
,
or
Iustices
of
peace
,
for
that
they
cannot
award
a
Supersedeas
to
the
Barons
of
the
Exchequer
to
surcease
their
Proces
.
But
his
onely
remedie
in
this
case
is
,
to
procure
a
Certiorari
to
remooue
the
Record
into
the
Kings
Bench
,
and
there
to
tender
his
trauerse
,
and
auerrement
,
and
to
haue
a
Supersedeas
from
thence
to
the
Barons
of
the
Exchequer
,
to
surcease
their
Proces
.
And
the
same
law
is
,
if
the
like
thing
be
found
by
an
Enquest
in
the
Kings
Bench
,
after
they
haue
deliuered
their
Records
thereof
into
the
Exchequer
.
And
a
man
which
was
indicted
for
the
taking
of
goods
of
one
that
was
attainted
of
Treason
,
was
put
to
the
answer
thereof
:
So
that
sithence
the
sayd
statute
of
31.
Edw.
3.
others
haue
béene
charged
with
felons
goods
,
as
well
as
townes
.
But
the
Sherife
was
alwayes
charged
with
the
profits
of
felons
&
fugitiues
lands
,
Fi.
Cor.
39●
according
to
the
extent
thereof
,
The
Sherife
charged
with
felons
lands
.
and
not
any
towne
:
And
so
he
was
charged
with
goods
confiscat
:
as
,
where
vpon
an
indictment
of
felonie
,
Fitz.
Cor.
355.
368.
the
manoure
is
brought
into
the
Court
,
and
the
partie
indicted
doth
disclaime
therein
,
by
this
disclaimer
the
King
shall
haue
the
manoure
,
and
the
Sherife
shall
be
charged
therewith
.
And
the
same
manoure
shall
be
praysed
by
the
Enquest
that
doth
trye
the
felonie
:
and
if
it
be
found
by
the
same
Iurie
,
that
it
was
impaired
by
the
Constable
,
or
any
other
who
had
the
same
in
kéeping
,
the
Sherife
shal
be
commaunded
to
leuie
so
much
in
value
,
as
it
was
impaired
by
the
said
Constable
,
or
other
.
And
in
some
cases
the
Sherife
shall
be
charged
with
a
felons
goods
,
Fitz.
Cor.
290.
308.
and
not
the
towne
where
the
felon
did
dwel
,
or
where
his
goods
remained
:
but
that
must
be
by
agréement
betwéene
the
said
Sherife
and
the
towne
.
To
whom
the
forf.
of
lands
for
high
treason
shal
accrue
47
In
High
treason
the
King
shall
haue
the
forfeiture
of
the
offendors
lands
,
of
whom
soeuer
they
be
holden
,
and
that
by
the
common
law
:
for
the
offence
committed
is
not
to
any
subiect
,
but
to
the
Soueraigne
gouernour
himselfe
,
his
Crowne
,
and
Realme
,
which
is
an
offence
of
so
high
a
nature
,
that
it
cannot
be
recompenced
with
all
that
the
offendor
hath
,
and
then
it
should
bée
lesse
counteruailed
,
if
any
other
should
bée
partaker
with
the
King
therin
.
And
the
meane
Lords
shall
receiue
no
losse
thereby
,
for
they
had
nothing
in
the
land
but
a
Seigniorie
out
of
it
:
And
if
they
hold
ouer
of
the
King
by
the
like
seruices
,
then
haue
they
lost
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
possession
in
law
,
and
not
in
déed
,
notwithstanding
the
death
of
him
which
is
attainted
.
But
by
the
stat.
of
an
.
33.
H.
8.
the
king
shal
haue
the
lands
,
St.
33.
H.
8.
20.
goods
,
cattels
,
and
all
other
things
of
the
offendors
attainted
of
high
Treason
,
without
any
office
:
the
words
of
which
stat.
be
these
,
viz.
If
any
person
or
persons
shal
be
attainted
of
high
Treason
,
by
the
course
of
the
common
lawes
,
or
statutes
of
this
realme
,
in
euery
such
case
euery
such
attainder
by
the
common
law
,
shal
be
of
as
good
strength
,
value
,
force
,
and
effect
,
as
if
it
had
bin
done
by
authoritie
of
Parliament
.
And
the
K.
his
heires
and
successors
,
shall
haue
as
much
aduantage
by
such
attainder
,
as
well
of
vses
,
rights
,
entries
,
conditions
,
possessions
,
reuersions
,
remainders
,
and
all
other
things
,
as
if
it
had
bée
done
and
declared
by
authoritie
of
Parliament
,
and
shal
be
déemed
and
adiudged
in
actuall
and
real
possession
of
the
lands
,
tenements
,
hereditaments
,
vses
,
goods
,
chattels
,
and
all
other
things
of
the
offendors
so
attainted
,
which
his
Highnes
ought
lawfully
to
haue
,
and
which
they
so
being
attainted
ought
or
might
lawfully
loose
and
forf.
as
if
the
attainder
had
bin
done
by
authoritie
of
Parliament
without
any
office
or
inquisition
to
be
found
of
the
same
:
Any
law
,
statute
&c.
notwithstanding
.
By
force
of
which
stat.
the
King
shall
be
in
actuall
and
reall
possession
of
those
lands
which
do
escheat
vnto
him
by
any
attainder
of
high
Treason
,
An
office
of
those
lands
which
do
escheat
for
felonie
.
without
any
office
or
inquisition
thereof
found
:
though
for
those
lands
which
do
escheat
vnto
him
by
any
attainder
of
felonie
,
there
must
be
an
office
found
for
him
,
before
he
can
enter
,
according
to
the
antient
course
of
the
common
law
.
Forf
.
of
title
of
Dower
.
54
By
the
common
law
any
man
attainted
of
Treason
or
felonie
,
should
haue
forfeited
that
title
which
his
wife
had
by
their
espousals
to
be
endowed
of
his
lands
,
to
the
intent
,
that
if
the
care
of
his
owne
life
could
not
stay
him
from
the
committing
of
felony
,
or
treason
,
yet
the
loue
which
he
did
beare
to
his
wife
and
children
,
should
restrain
him
therof
,
whom
he
was
assured
by
that
wicked
act
to
vndoe
,
and
vtterly
to
depriue
them
of
all
likelihood
wherewith
to
maintaine
them
.
And
some
do
affirme
,
that
this
law
was
at
the
first
deuised
,
to
punish
the
wise
,
and
to
auoid
her
dower
,
for
that
it
was
intended
,
that
the
wife
gaue
consent
vnto
,
or
at
the
least
did
know
of
the
Treason
,
or
Felonie
,
which
her
husband
committed
,
and
either
by
intreatie
,
persuasion
,
or
some
other
meanes
,
might
haue
withdrawne
him
from
it
.
But
the
common
law
in
that
case
is
altered
by
the
stat.
of
Anno
1.
Ed.
6.
St.
1.
E.
6.
12
whereby
it
is
enacted
,
That
albeit
any
person
or
persons
,
of
what
estate
,
condition
,
or
degrée
he
or
they
be
,
shal
fortune
to
be
attainted
,
conuicted
,
or
outlawed
of
any
Treason
,
petit
Treason
,
Misprision
of
treason
,
Murder
,
or
Felony
whatsoeuer
,
yet
that
notwithstanding
,
euerie
woman
that
is
,
or
shall
fortune
to
be
wife
of
the
person
so
attainted
,
conuicted
,
or
outlawed
,
shal
be
endowable
,
and
enabled
to
demaund
,
haue
,
and
enioy
her
dower
,
in
like
maner
and
forme
as
though
her
husband
had
not
béene
attainted
,
conuicted
,
or
outlawed
:
Any
statute
,
law
,
custom
,
&c.
notwithstanding
.
But
after
,
some
part
of
the
foresaid
stat.
of
Anno
1.
E.
6.
was
altered
by
a
braunch
of
a
stat.
St.
5.
&
6.
E.
6.
11.
made
Anno
5.
&
6.
Ed.
6.
whereby
it
was
prouided
and
enacted
,
That
the
wise
,
or
wiues
,
whose
husband
,
or
husbands
hereafter
shal
be
attainted
of
any
Treasons
whatsoeuer
they
be
,
shall
in
no
wise
be
receiued
to
aske
,
challenge
,
demand
,
or
haue
dower
of
any
the
lands
,
tenements
,
or
hereditaments
of
any
the
person
or
persons
to
be
attainted
of
treason
,
as
is
aforesaid
,
during
the
said
attainder
in
his
force
.
And
yet
sithence
the
foresaid
stat.
of
5.
&
6.
Ed.
6.
it
was
specially
prouided
and
ordained
by
the
stat.
made
Anno
5.
El.
1.
&
Anno
5.
El.
11.
&
An.
18.
El.
1.
That
the
husbands
attainder
of
treason
,
by
force
of
any
of
the
foresaid
stat.
should
cause
no
forf.
of
dower
in
the
wife
S.
Br.
27.
Br.
Appeale
117.
Fitz.
Iudg.
225
Plo.
Com.
261.
55
If
in
an
Appeale
the
Appellée
do
wage
battell
,
What
the
Appellée
that
wageth
battell
,
shall
forf.
and
the
Appellant
doth
slay
him
in
the
field
,
the
Appellee
shall
forf.
all
his
goods
&
chattels
,
but
his
land
shall
not
escheat
:
for
inheritance
is
so
greatly
fauoured
,
that
it
shall
not
be
forf.
without
attainder
by
iudgement
.
But
if
the
Appellant
do
vanquish
the
Appellee
,
then
his
land
shal
be
forf.
for
when
he
is
vanquished
and
not
killed
,
iudgement
shal
be
giuen
,
that
he
shal
be
hanged
,
and
by
that
meanes
he
shall
forf.
his
land
.
6.
H.
8.
Dyer
2.
56
If
a
man
seised
of
land
in
fée
,
A
rent
charge
pro
consilio
not
forfeited
.
doth
grant
a
rent
charge
out
of
the
same
to
another
for
the
terme
of
the
life
of
the
grantee
,
pro
bono
consilio
suo
impendendo
,
with
clause
of
distres
within
the
same
land
,
if
the
grantée
of
this
rent
charge
be
attainted
of
treason
,
and
committed
to
prison
,
yet
hee
shall
not
forf.
this
rent
charge
to
the
K.
for
it
is
incident
to
the
cause
for
the
which
it
was
giuen
,
viz.
to
the
counsell
to
be
giuen
by
the
grantée
to
the
grantor
,
which
was
a
trust
that
the
grantor
reposed
in
the
grantée
to
giue
him
counsell
,
which
trust
the
grantée
cannot
assigne
or
forf.
to
another
.
And
though
the
grantée
of
this
rent
charge
be
attainted
of
treason
,
and
imprisoned
,
yet
the
grantor
may
come
or
send
to
him
for
his
counsel
,
and
he
may
giue
it
him
,
and
so
there
wil
be
no
fault
in
him
.
But
if
a
man
do
purchase
a
rent
charge
for
the
time
of
his
life
,
out
of
another
mans
lands
,
in
consideration
of
a
summe
of
money
paid
by
the
grantée
to
the
grantor
,
and
after
the
grantee
is
attainted
of
treason
or
felony
,
the
same
rent
charge
shal
be
forf.
to
the
K.
and
paid
to
him
during
the
life
of
the
grauntée
.
S.
Br.
27.
The
forfeitures
of
an
Outlaw
.
57
Out
of
all
which
foresaid
forfeitures
,
Bracton
,
de
coron̄
,
c
▪
13
the
words
of
Bracton
may
be
verified
,
who
writeth
,
That
a
man
outlawed
(
or
otherwise
attainted
of
Treason
or
Felony
)
shall
forfeit
his
countrey
and
kingdome
,
and
shall
become
a
banished
man
,
who
in
English
is
called
an
Outlaw
.
And
in
former
times
he
hath
béene
tearmed
a
Friendlesse
man
,
and
so
he
hath
séemed
to
forfeit
his
friends
:
for
if
any
man
after
his
Outlary
doth
willingly
féed
him
,
receiue
him
,
kéepe
company
with
him
,
or
hide
him
,
he
shal
be
punished
in
the
same
sort
that
the
Outlaw
shall
.
Also
he
shall
forfeit
all
things
which
be
peaceable
,
séeing
that
from
the
time
he
is
an
Outlaw
,
he
carieth
a
Wolues
head
,
so
that
all
men
may
kill
him
without
punishment
,
and
specially
if
he
defend
himselfe
,
or
flie
away
,
in
such
sort
that
he
may
be
hardly
apprehended
.
But
if
he
doe
not
flie
,
or
defend
himselfe
,
then
he
that
killeth
a
man
so
taken
,
shal
answere
for
him
,
as
for
any
other
man
,
for
that
life
and
death
be
in
the
kings
hands
,
vnlesse
there
be
a
custome
to
the
contrary
,
as
in
the
Counties
of
Hereford
and
Glocester
.
And
he
shal
forfeit
the
benefit
of
Law
:
for
he
which
being
outlawed
will
be
so
bold
,
as
to
returne
without
the
kings
licence
,
shall
die
without
law
,
or
further
examination
in
iudgement
.
And
he
cannot
appeale
others
,
for
he
hath
lost
the
benefit
of
law
,
and
carieth
with
him
his
iudgement
vpon
his
head
,
&
he
can
haue
no
defence
,
so
long
as
the
Outlary
standeth
in
force
.
It
is
vpright
iustice
,
that
he
shal
perish
without
law
and
iudgement
,
who
refuseth
to
liue
according
to
the
law
.
And
he
shall
forfeit
his
right
and
possession
of
all
things
that
he
hath
gotten
,
or
may
get
.
And
all
bonds
,
obligations
,
homages
,
fealties
,
oathes
,
and
other
contracts
made
with
him
,
be
dissolued
,
which
can
neuer
be
reuiued
but
vpon
a
new
contract
,
though
he
be
restored
.
And
he
shal
forfeit
all
his
tenements
and
hereditaments
from
him
and
his
heires
,
and
euery
action
that
was
due
to
him
before
his
Outlary
,
though
he
be
after
restored
by
the
kings
pardon
.
And
Outlary
of
felony
,
and
euery
other
iudgement
of
felony
,
doth
dissolue
all
the
gifts
&
sales
of
land
that
he
made
sithence
the
time
of
the
felony
committed
.
The
outlawes
goods
shal
be
the
kings
,
for
he
cannot
be
outlawed
in
any
other
place
,
but
in
the
kings
Court
,
as
in
the
Country
Court
,
or
in
the
Hustings
of
London
.
❧
Corruption
of
Blood
.
1
BY
attainder
of
Treason
,
or
Felony
,
commeth
corruption
of
Blood
:
that
is
to
say
,
that
the
offendors
children
cannot
be
heires
to
him
that
is
attainted
,
nor
to
any
other
auncestor
.
Corruption
of
blood
salued
by
Parliament
only
And
if
the
offendor
were
a
Nobleman
,
or
a
Gentleman
before
,
by
this
attainder
he
is
become
ignoble
,
and
not
onely
he
himselfe
,
but
also
all
his
children
,
hauing
respect
to
the
Nobilitie
,
which
they
had
by
their
birth
.
And
this
corruption
of
Blood
is
so
grieuous
,
that
it
cannot
bee
salued
otherwise
then
by
authoritie
of
Parliament
.
But
if
the
King
will
pardon
the
offendor
,
it
will
cleanse
the
corruption
of
blood
of
those
children
,
which
be
borne
after
the
pardon
:
and
they
which
be
borne
after
the
pardon
,
may
inherite
the
land
which
their
auncestor
purchased
at
the
time
of
the
pardon
,
or
after
;
but
so
cannot
they
which
were
borne
before
the
pardon
.
And
also
he
that
is
attainted
of
Treason
or
Felony
,
shall
not
bee
heire
to
his
father
,
but
his
disabilitie
shall
hinder
others
to
be
heire
,
so
that
during
his
life
,
the
land
shall
rather
escheat
to
the
lord
of
the
fée
,
27.
Ed.
3.
77.
Fi.
Petit.
20
then
discend
to
another
.
But
if
he
that
is
attainted
doe
die
without
issue
of
his
body
,
during
the
life
of
his
auncestor
,
then
his
younger
brother
,
sister
,
or
cousin
shall
inherite
:
for
if
the
eldest
sonne
be
hanged
,
Fi.
Discent
6.
26.
As
.
p.
2.
or
doth
abiure
the
Realme
for
Felony
,
during
the
fathers
life
,
it
is
no
impediment
,
but
that
the
youngest
sonne
may
inherite
.
29.
As
.
p.
11
13.
H.
4.
8.
Fit
.
Discent
17.
And
if
he
which
is
attainted
of
Treason
or
Felony
in
the
life
time
of
his
auncestor
,
doe
purchase
the
Kings
pardon
before
the
death
of
his
auncestor
,
yet
he
shall
not
be
heire
to
his
said
auncestor
,
but
the
land
shall
rather
escheat
to
the
lord
of
the
fée
.
But
if
the
eldest
sonne
be
a
Clerke
conuict
in
the
life
of
his
father
,
and
after
his
father
dieth
,
in
this
case
he
shall
inherite
his
fathers
land
,
because
he
was
not
attainted
of
Felony
,
for
by
the
common
Law
hée
should
haue
inherited
after
hée
had
made
his
purgation
.
And
now
by
the
Statute
of
Anno
18.
Eliz.
hée
shall
bee
forthwith
enlarged
after
burning
in
the
hand
,
Fi.
Cor.
382
St.
18.
Eli.
6.
and
deliuered
out
of
prison
,
and
not
committed
to
the
Ordinary
to
make
his
purgation
,
and
so
he
is
in
case
,
as
if
he
had
made
his
purgation
.
Where
corruption
of
blood
shall
preiudice
tenant
by
the
courtesie
.
2
If
a
man
that
hath
land
in
the
right
of
his
wife
,
haue
issue
,
13.
H.
7.
17
and
doth
commit
Felony
,
for
the
which
he
is
attainted
,
and
the
king
doth
pardon
him
:
in
this
case
,
if
his
wife
doe
die
before
him
,
he
shall
not
be
tenant
by
the
courtesie
,
for
the
corruption
of
blood
of
that
issue
.
But
it
is
otherwise
,
if
he
hath
issue
after
the
pardon
,
for
then
he
shall
be
tenant
by
the
courtesie
,
although
the
issue
which
he
had
before
the
pardon
be
not
inheritable
.
The
eldest
sonne
attainted
of
felony
during
his
fathers
life
.
3
If
a
man
seised
of
lands
hath
issue
two
sonnes
,
32.
H.
8.
Dyer
48.
and
the
eldest
is
attainted
of
Felony
in
the
life
of
his
father
,
and
is
executed
for
the
felony
,
or
otherwise
dieth
during
the
life
of
his
father
,
and
after
the
father
dieth
seised
of
the
land
,
the
land
shal
discend
to
the
youngest
sonne
,
as
heire
to
his
father
,
if
the
eldest
sonne
hath
no
issue
then
liuing
.
But
if
the
eldest
sonne
,
that
was
attainted
,
hath
any
issue
in
life
,
which
should
haue
inherited
but
for
the
attainder
,
the
land
shall
escheat
to
the
lord
,
and
not
discend
to
the
younger
brother
,
for
that
the
blood
of
the
eldest
brother
is
corrupted
.
Where
an
attainder
,
but
n●
corruption
of
blood
.
4
S.
Forfeiture
27
,
That
the
attainder
of
Treason
or
Felony
in
certaine
cases
,
shal
not
extend
to
make
any
corruption
of
blood
,
the
disinheritance
of
any
heire
,
forfeiture
of
any
dower
,
nor
to
preiudice
the
right
or
title
of
any
person
,
other
then
of
the
offendor
or
offendors
,
during
his
or
their
naturall
liues
only
.
❧
Restitution
of
stolne
goods
.
1
HAuing
written
of
Robberies
,
and
other
Felonies
,
and
declared
how
Felons
are
to
be
prosecuted
by
Arrest
,
Appeale
,
Indictment
,
Arraignment
,
Tryall
,
and
Iudgement
,
and
what
they
shall
forfeit
,
I
meane
now
to
shew
,
how
true
men
,
whose
goods
were
robbed
,
stoln
,
or
feloniously
taken
from
them
by
such
Felons
,
shall
be
restored
to
their
goods
againe
.
As
it
is
necessary
for
the
Commonwealth
,
that
Felons
should
be
punished
,
least
the
impunity
of
some
should
incourage
them
,
and
also
allure
others
to
commit
the
like
offences
:
so
is
it
fit
,
that
they
chiefely
,
whose
goods
were
taken
from
them
,
and
therby
haue
tasted
the
smart
,
and
receiued
the
losse
by
the
Felons
,
and
are
more
likely
to
know
who
they
be
,
and
where
they
be
,
then
others
are
,
should
doe
their
vttermost
endeauor
to
procure
those
Felons
to
be
apprehended
,
brought
to
their
answers
,
and
to
haue
them
punished
according
to
their
demerits
:
that
is
to
say
,
he
that
was
robbed
,
What
is
fresh
suit
.
or
whose
goods
were
stolne
from
him
,
ought
presently
after
the
felony
committed
to
pursue
the
Felon
so
hastily
,
that
(
if
it
be
possible
)
he
may
take
him
with
the
manoure
,
and
thereupon
bring
his
appeale
against
him
,
Fi.
Cor.
379.
and
conuince
him
of
the
Felony
.
And
the
said
spéedy
and
diligent
pursute
of
his
,
is
called
Fresh
suit
,
which
thing
being
found
by
a
Iury
,
the
king
ought
to
make
restitution
to
the
appellant
of
his
goods
contayned
in
the
appeale
,
which
his
officer
or
any
other
to
his
vse
did
seize
.
But
if
it
be
not
found
by
a
Iury
,
that
the
owner
did
make
Fresh
suit
,
the
said
owner
shall
loose
his
goods
,
and
the
king
shall
haue
them
,
although
the
Felon
be
conuict
at
the
same
parties
suit
.
For
as
the
Law
doth
so
abhorre
Felonies
and
Felons
,
that
it
punisheth
a
Felon
with
the
losse
of
his
life
,
his
lands
,
goods
,
and
all
that
he
hath
:
so
doth
it
in
such
sort
condemne
the
concealing
,
wincking
at
,
or
slacke
pursute
of
a
felon
,
that
it
punisheth
a
true
man
with
the
forfeiture
of
his
goods
stolne
from
him
,
for
omitting
his
duty
in
making
fresh
sute
after
,
prosecuting
,
and
pursuing
to
death
of
a
knowne
Felon
.
If
the
manoure
wherwith
the
Felon
is
taken
be
portable
,
or
otherwise
may
be
conueniently
done
,
it
ought
to
be
brought
into
the
Court
before
the
Iustices
:
and
if
it
be
in
a
chest
,
boxe
,
cloake-bag
,
Fi.
Cor.
392.
or
male
,
the
appellant
must
declare
the
goods
particularly
which
be
in
it
,
before
it
be
opened
,
or
that
he
can
haue
it
restored
vnto
him
againe
.
And
if
the
Fresh
suit
be
made
by
the
seruant
of
him
that
is
robbed
,
and
not
by
the
party
himselfe
,
Fresh
suit
by
the
seruant
.
yet
it
is
sufficient
to
procure
him
restitution
of
his
goods
.
And
if
the
Felon
which
committed
a
Robbery
or
other
Felony
be
not
taken
by
the
space
of
a
yeare
after
the
Felony
committed
,
yet
if
the
party
that
was
robbed
,
or
whose
goods
were
stolne
,
do
his
endeuour
to
apprehend
the
Felon
,
and
make
diligent
and
speciall
inquiry
for
him
,
and
after
he
is
taken
,
7.
H.
4.
43.
though
not
at
the
suit
of
the
party
robbed
,
or
&c.
yet
that
shal
be
adiudged
a
sufficient
Fresh
suit
,
and
vpon
his
appeale
brought
,
and
the
offendor
conuicted
,
he
shal
haue
restitution
of
his
goods
robbed
or
stolne
.
What
conuiction
shal
be
sufficient
to
giue
the
owner
restitution
of
his
goods
.
2
Though
in
former
times
it
was
not
adiudged
sufficient
for
the
appellant
to
conuict
the
offendor
of
Felony
,
but
he
must
haue
attainted
him
thereof
,
before
he
could
haue
had
restitution
of
his
goods
:
and
if
the
Felon
were
in
that
case
,
that
he
could
not
be
attainted
at
the
owners
suit
,
he
should
not
haue
had
restitution
of
his
goods
,
but
they
should
haue
bin
forfeited
to
the
king
,
Fi.
Cor.
319
were
the
suit
neuer
so
fresh
.
As
,
if
the
felon
being
pursued
by
the
party
robbed
with
huy
and
cry
,
did
flie
to
a
Church
,
and
made
his
abiuration
:
H.
8.
E.
3.
10.
or
that
the
Felon
was
in
prison
,
and
died
before
the
owners
appeale
commenced
.
But
now
the
law
is
otherwise
construed
:
for
it
is
thought
to
be
a
great
extremity
,
that
the
party
which
was
robbed
should
loose
his
goods
,
when
he
hath
done
all
that
hée
could
,
&
that
there
was
no
default
in
him
.
And
therefore
it
is
now
agréed
,
Fi.
Cor.
379
380.
26.
As●
.
p.
32
Fit
.
Forfeit
.
15.
8.
H.
4.
1.
10.
H.
4.
5
that
if
after
the
appeale
commenced
the
Felon
do
die
in
prison
,
or
do
breake
the
prison
,
and
flie
to
a
Church
,
and
there
abiure
,
the
Fresh
suit
shal
be
inquired
of
,
and
if
it
be
found
,
the
party
robbed
shall
haue
restitution
of
his
goods
.
And
in
like
sort
,
if
the
offendor
will
stand
mute
of
malice
,
or
challenge
peremptorily
aboue
the
number
that
the
law
doth
appoint
him
,
or
will
demaund
his
clergy
:
in
all
these
cases
the
Fresh
suit
shal
be
enquired
of
,
and
if
it
be
found
,
the
appellant
shall
be
restored
to
his
goods
,
and
yet
in
these
cases
the
Felon
is
not
attainted
.
But
because
the
appellant
hath
done
his
indeuor
,
and
all
that
is
in
him
,
to
attaint
the
Felon
,
it
is
reason
that
he
shall
haue
restitution
of
his
goods
.
When
the
owner
shall
haue
restitution
.
3
Restitution
shal
be
graunted
and
made
to
the
owner
of
his
goods
stolne
,
21.
Ed.
4.
73.
Fit
.
Co.
392
as
soone
as
the
Felon
shal
be
attainted
or
conuicted
by
his
appeale
,
&
the
Fresh
suit
shal
be
found
,
though
the
appellant
doth
not
pray
,
or
sue
execution
of
the
body
of
the
appellée
:
for
the
appellant
hath
prosecuted
the
suit
so
farre
,
that
hée
hath
brought
the
felon
to
the
kings
mercy
;
so
that
the
appellant
,
nor
any
other
for
him
,
can
stay
or
release
the
execution
,
but
only
the
king
:
and
therefore
it
is
reason
,
that
he
now
should
haue
restitution
of
his
goods
.
And
some
do
affirme
,
that
when
the
appellant
hath
so
farre
prosecuted
the
appellée
,
21.
Ed.
4.
16.
that
he
is
outlawed
,
that
the
appellant
shall
haue
restitution
of
his
goods
,
without
inquirie
of
the
Fresh
suit
,
because
he
hath
pursued
the
suit
against
the
offendor
,
so
farre
as
he
can
.
If
an
appeale
be
sued
against
the
principall
and
accessorie
,
and
the
principall
is
attainted
,
and
the
Fresh
suit
is
found
,
21.
E.
4.
16
,
10.
H.
4.
5.
the
appellant
shall
haue
restitution
of
his
goods
,
without
suing
against
the
accessory
.
And
though
he
doe
continue
his
suit
against
the
accessory
,
yet
that
shall
not
hinder
his
restitution
,
for
that
he
hath
procured
the
attainder
of
the
principall
Felon
:
and
whether
the
accessorie
bée
attaint
,
or
acquit
,
yet
the
appellant
shall
haue
restitution
of
his
goods
.
And
in
like
sort
,
if
an
appeale
be
sued
against
two
as
principals
,
and
one
of
them
is
attainted
,
and
the
other
is
acquited
,
and
the
Fresh
suit
is
found
,
the
appellant
shall
haue
restitution
of
his
goods
,
for
that
it
doth
appeare
,
that
the
appellant
was
robbed
of
his
goods
,
and
had
cause
to
sue
:
for
though
the
appeale
be
found
false
in
part
,
touching
him
that
is
acquit
,
yet
that
shall
not
preiudice
the
appellant
,
séeing
that
falsehood
commeth
not
of
his
owne
declaration
,
but
by
the
verdict
of
the
Iury.
If
one
man
do
robbe
diuers
men
,
whereupon
they
doe
bring
their
seuerall
appeales
,
and
the
Felon
is
attainted
at
the
suit
of
one
of
them
,
4.
E.
4.
11.
and
that
it
is
moreouer
found
that
he
hath
made
Fresh
suit
:
in
this
case
the
residue
shall
not
haue
restitution
,
vntill
the
Felon
be
found
guilty
at
their
seuerall
suites
,
and
the
Fresh
suit
also
seuerally
found
.
4
Before
Restitution
can
be
awarded
of
Felons
goods
,
Before
whom
and
by
whom
inquirie
of
fresh
suit
is
to
be
made
.
an
enquirie
is
to
bée
made
of
the
Fresh
suit
before
the
Iustices
,
and
not
before
the
Shirife
,
(
though
it
be
but
an
Enquest
of
Office
)
and
it
is
to
bee
done
by
the
Iury
,
that
doth
find
the
defendant
in
the
appeale
guilty
of
the
Felony
,
vnlesse
it
bée
in
case
,
where
the
defendant
doth
confesse
the
appeale
of
the
plaintife
,
and
then
it
shall
be
inquired
by
the
Visne
,
where
the
Felony
was
committed
by
the
people
of
that
County
where
the
appeale
is
brought
,
except
it
bee
brought
in
London
:
for
London
hath
such
a
priuiledge
,
that
they
shall
not
bée
drawne
to
appeare
vpon
Iuries
out
of
the
Citie
:
and
the
Kings
Iustices
cannot
goe
into
the
Citie
,
and
take
the
same
by
Nisi
prius
,
because
it
is
but
an
Enquest
of
Office
:
1.
H.
4.
5.
2.
R.
3.
12.
and
therefore
in
that
case
they
doe
inquire
of
it
by
people
of
the
County
where
the
Felon
was
taken
,
and
from
thence
shall
the
Visne
come
.
But
first
the
Court
is
to
inquire
of
the
Defendant
in
the
appeale
,
Fit
.
Forfeit
.
15.
if
hée
doe
clayme
any
propertie
in
the
goods
,
or
not
,
and
if
hée
clayme
nothing
therein
,
then
it
must
enquire
,
if
the
goods
were
the
plaintifes
at
the
time
of
the
Robbery
committed
,
and
moreouer
inquire
of
the
Fresh
suit
.
5
By
the
common
Law
there
was
no
helpe
for
the
party
robbed
by
indictment
of
the
Felon
to
recouer
his
goods
againe
,
or
to
haue
restitution
of
them
:
Restitution
vpon
attainder
by
indictment
.
for
although
the
enquest
which
tried
the
Felon
vpon
his
arraignment
,
would
after
they
had
found
him
guilty
of
the
Felony
,
Fi.
Cor.
460.
haue
said
,
that
the
party
robbed
had
made
Fresh
suit
,
yet
that
would
not
haue
auailed
to
haue
procured
him
restitution
of
his
goods
.
And
therefore
to
redresse
that
enormitie
,
there
was
a
statute
made
Anno
21.
H.
8.
by
which
it
was
enacted
,
St.
21.
H.
8.
11.
That
if
any
Felon
or
Felons
hereafter
doe
robbe
or
take
away
any
money
,
goods
,
or
cattels
from
any
the
Kings
Subiects
,
from
their
person
,
or
otherwise
within
this
Realme
,
and
thereof
the
said
Felon
or
Felons
be
indicted
,
and
after
arraigned
of
the
same
Felony
,
and
found
guilty
thereof
,
or
otherwise
attainted
by
reason
of
euidence
giuen
by
the
party
so
robbed
,
or
owner
of
the
said
mony
,
goods
,
and
cattels
,
and
that
as
well
the
Iust.
of
Gaole
deliuery
,
as
other
Iustices
,
before
whom
any
such
Felon
or
Felons
shal
be
found
guilty
,
or
otherwise
attainted
,
by
reason
of
euidence
giuen
by
the
party
so
robbed
,
or
owner
,
or
by
any
other
by
their
procurement
haue
power
by
this
act
to
award
from
time
to
time
Writs
of
Restitution
for
the
said
money
,
goods
,
or
cattels
,
in
like
manner
,
as
though
any
such
Felon
or
Felons
were
attainted
at
the
suit
of
the
party
in
appeale
.
And
so
by
force
of
this
Statute
the
party
robbed
shall
haue
restitution
of
his
stolne
goods
,
vpon
euidence
giuen
by
him
,
or
by
any
other
by
his
procurement
against
the
Felon
,
though
he
neuer
made
any
fresh
suit
.
S.
Euidence
3.
4.
Appeales
55.
❧
Dammages
in
Appeale
.
1
IVstice
and
reason
doe
require
,
that
when
a
mans
life
,
his
fame
,
and
credit
,
his
lands
,
his
goods
,
the
disheritance
of
his
posterity
,
the
corruption
of
his
blood
,
and
all
that
he
hath
in
this
world
to
forfeit
,
hath
bin
put
in
hazard
,
and
brought
into
question
and
triall
,
without
iust
desert
,
or
other
ground
,
but
only
vpon
the
malicious
accusation
of
some
one
or
moe
persons
,
and
that
he
is
found
a
true
and
lawfull
man
,
&
duly
acquit
by
the
country
of
the
offence
,
whereof
he
was
appealed
,
that
he
should
haue
recompence
for
it
against
his
false
accusor
:
and
if
his
accusor
be
not
sufficient
,
then
against
him
or
them
that
did
procure
or
abet
him
to
pursue
the
appeale
.
And
therefore
the
common
law
did
giue
dammages
to
the
defendant
in
an
appeale
,
48.
Ed.
3.
22
and
assigned
him
a
meane
to
recouer
them
,
when
he
was
acquit
of
the
felony
.
But
because
the
dammages
which
were
to
be
recouered
against
the
procurors
,
or
abettors
,
were
to
be
recouered
by
writ
originall
,
viz.
by
a
writ
of
Conspiracy
,
and
not
otherwise
,
which
was
not
so
spéedy
a
remedy
,
as
the
great
malice
and
wickednesse
of
the
offence
required
,
the
stat.
of
West
.
2.
was
made
for
the
quicker
redresse
thereof
Ann
13.
Ed.
1.
the
words
whereof
be
these
,
St.
13.
E.
1.
12
viz.
For
as
much
as
many
through
malice
,
intending
to
grieue
others
,
do
procure
false
appeales
of
homicide
,
and
other
felonies
,
to
be
sued
by
appellants
,
hauing
nothing
wherewith
to
satisfie
the
king
for
their
false
appeale
,
nor
to
answer
to
the
party
damages
.
It
is
ordained
,
that
when
any
which
is
appealed
of
felony
imposed
vpon
him
,
doth
acquite
himselfe
in
the
K.
Court
in
due
manner
,
either
at
the
appellants
suit
,
or
the
kings
,
The
punishment
of
the
appellant
and
abettors
,
when
the
appellée
is
acquit
.
the
Iustices
before
whom
the
said
appeale
shal
be
heard
and
determined
,
shal
punish
the
appellant
by
one
yeres
imprisonment
:
and
neuerthelesse
,
such
appellant
shall
yéeld
to
the
appellée
damages
by
the
Iust
,
discretion
,
hauing
respect
to
the
imprisonment
or
arrest
that
the
party
hath
sustained
by
reason
of
such
appeale
,
and
to
the
slander
which
he
hath
receiued
by
the
imprisonment
,
or
otherwise
,
&
also
he
shal
pay
a
grieuous
fine
to
the
K.
And
if
the
appellants
be
not
able
to
recompence
the
damages
,
inquiry
shal
be
made
by
whose
abetment
the
appeale
was
maliciously
commenced
,
if
the
appellée
desire
it
.
And
if
it
be
found
by
the
same
Enquest
,
that
any
man
is
a●ettor
through
malice
,
he
shal
be
distrained
by
a
iudiciall
writ
to
appeare
before
the
I.
at
the
appellées
suit
:
and
if
he
be
lawfully
conuict
of
such
abetment
by
malice
,
he
shall
be
imprisoned
,
and
restore
dammages
,
as
is
aforesaid
of
the
appellant
.
In
an
appeale
of
the
death
of
a
man
there
shall
no
Essoine
lie
for
the
appellant
for
any
cause
,
No
Essoine
for
the
Appellant
in
appeale
of
death
.
in
whatsoeuer
court
the
appeale
shal
be
determined
.
The
appeale
must
be
commenced
vpon
malice
.
2
And
whereas
the
words
of
the
foresaid
stat.
of
West
.
2.
be
,
St.
13.
E.
1.
12
(
For
as
much
as
many
through
malice
)
it
doth
thereby
appeare
,
that
if
the
defendant
in
an
appeale
be
to
recouer
dammages
,
it
ought
to
be
in
respect
,
that
the
appeale
was
grounded
rather
vpon
malice
then
vpon
good
matter
.
40.
Ed.
3.
41.
22.
Ass.
p.
39
32.
H.
6.
2.
And
therefore
if
the
defendant
were
indicted
of
that
Felony
wherof
the
appeale
was
sued
,
before
the
suit
of
the
appeale
,
although
the
def.
be
after
acquit
thereof
,
yet
he
shall
not
recouer
dammages
,
because
it
shal
be
intended
,
that
the
indictment
induced
him
to
bring
the
appeale
,
and
not
malice
.
But
the
law
is
méere
contrary
,
if
he
were
not
indicted
vntill
after
the
appeale
commenced
:
Or
if
there
be
any
such
variance
betwéene
the
appeale
and
the
indictment
,
that
the
acquitall
of
him
vpon
the
one
,
is
not
the
acquitall
of
him
vpon
the
other
,
as
if
he
be
indicted
as
principall
,
and
appealed
as
accessory
,
vel
e
conuerso
.
And
yet
it
is
otherwise
,
14.
H.
7.
2
if
the
variance
be
not
in
a
matter
of
substance
:
for
such
a
variance
shal
not
so
preiudice
,
but
that
the
acquitall
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.
when
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
found
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
arraignment
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
vpon
an
appeal
7
The
foresaid
statute
of
West
.
2.
hath
ordained
,
St.
13.
E.
1.
12
(
That
when
any
which
is
appealed
of
felony
,
doth
acquite
himselfe
,
either
at
the
appellants
suit
,
or
at
the
Kings
suit
:
)
This
suit
of
the
K.
is
alwaies
intended
vpon
an
appeale
,
when
the
def.
is
arraigned
vpon
an
appeale
,
after
that
the
appellant
hath
declared
in
his
appeale
,
and
is
Nonsute
:
for
if
the
def.
were
acquite
at
the
kings
suit
,
vpon
an
indictment
of
the
same
Felony
,
yet
he
shall
recouer
no
dammages
.
And
the
manner
how
he
shall
recouer
dammages
,
being
acquite
at
the
kings
suit
,
doth
somewhat
vary
from
recouering
of
dammages
at
the
parties
suit
:
for
when
it
is
at
the
kings
suit
,
he
shall
not
recouer
his
dammages
,
though
he
be
acquite
,
vntill
he
hath
sued
a
Scire
facias
against
the
appellant
,
to
bring
him
into
the
Court
againe
,
being
out
of
the
Court
before
by
his
Nonsute
.
But
if
he
be
acquit
at
the
appellants
suit
,
he
shall
haue
his
iudgement
to
recouer
dammages
,
without
suing
of
any
further
Proces
.
And
if
a
woman
that
is
appellant
be
Nonsute
,
and
after
doth
take
a
husband
,
Fit
.
Damag
.
77.
the
Scire
facias
shall
bée
awarded
against
the
wife
onely
.
B.
What
Iustices
may
inflict
the
penalty
vpon
the
appellant
.
8
And
though
the
foresaid
statute
of
West
.
2.
hath
prouided
,
St.
13.
E.
1.
12
That
the
Iustices
before
whom
the
said
appeale
shal
be
heard
and
determined
,
shall
punish
the
appellant
by
a
yeares
imprisonment
:
that
punishment
cannot
be
inflicted
by
the
Iust.
of
Nisi
prius
:
and
yet
by
the
statute
of
Anno
14.
H.
6.
St.
14.
H.
6.
1
the
Iustices
of
Nisi
prius
haue
power
to
giue
iudgement
in
Treason
and
Felony
tried
before
them
,
and
that
as
well
where
the
defendant
is
acquite
,
as
where
he
is
attainted
.
But
yet
they
be
not
such
Iustices
,
as
this
statute
doth
meane
:
2.
&
3.
P.
&
M.
Dy.
120.
14.
E.
4.
14.
22.
E.
4.
18.
For
that
all
the
plea
of
Appeale
was
not
heard
before
them
,
but
a
parcell
,
viz.
the
triall
onely
.
The
dammages
for
seueral
persons
assessed
seuerally
9
And
whereas
the
said
statute
of
West
.
2.
would
haue
the
Iustices
in
assessing
of
dammages
for
the
defendant
in
an
appeale
,
St.
13.
E.
1.
1●
to
haue
respect
to
his
imprisonment
,
arrest
,
&
slander
:
Therefore
in
an
appeale
brought
against
diuers
,
if
they
be
all
acquite
,
the
dammages
shal
be
taxed
seuerally
,
that
is
to
say
,
8.
H.
5.
6.
Fi.
Dam̄
.
77.
euery
of
the
defendants
shall
haue
his
dammages
taxed
by
himselfe
:
for
it
may
bée
,
that
one
hath
cause
to
recouer
more
then
the
other
:
as
,
if
one
were
appealed
as
principall
,
and
the
other
as
accessory
;
or
that
the
one
were
a
gentleman
,
or
a
man
of
greater
estate
,
and
the
other
of
a
meaner
degrée
.
But
yet
this
Recouery
of
dammages
must
be
intended
in
one
,
who
is
by
the
law
enabled
to
recouer
dammages
:
for
if
an
appeale
be
brought
against
a
woman
couert
onely
,
Fi.
Cor.
276.
without
her
husband
(
as
it
must
be
vnles
the
husband
committed
felony
with
his
wife
)
the
wife
shall
not
recouer
dammages
,
though
she
be
acquite
.
And
yet
if
the
appeale
be
brought
against
the
husband
and
wife
together
,
&
they
be
both
acquite
,
Fitz.
Iudg.
108.
then
the
dammages
shal
be
seuerally
taxed
,
that
is
to
say
,
the
husband
shall
recouer
for
his
owne
imprisonment
,
and
the
husband
and
wife
shall
recouer
iointly
for
the
imprisonment
of
the
wife
.
St.
13.
E.
1.
12
10
Though
the
foresaid
statute
of
West
.
2.
doth
ordaine
,
Where
the
appellant
shall
pay
a
fine
to
the
king
.
That
the
appellant
shall
be
grieuously
fined
to
the
king
,
yet
that
is
to
be
intended
,
where
the
appellant
shall
yéeld
dammages
to
the
defendant
:
9.
H.
5.
1
for
if
the
case
be
such
,
as
that
the
appellant
shall
not
render
dammages
to
the
def.
then
he
shall
not
pay
a
fine
to
the
K.
but
shal
be
amerced
only
:
as
,
where
an
appeale
doth
abate
by
misnaming
,
the
appellant
shal
be
only
amerced
.
And
yet
if
the
appellant
be
Nonsute
after
declaration
,
41.
Ass.
p.
8.
he
shal
pay
a
fine
to
the
king
,
and
the
Court
will
award
proces
against
him
for
the
same
fine
:
and
though
the
defendant
be
after
acquite
at
the
kings
suit
,
by
which
meanes
he
shal
recouer
dammages
against
the
appellant
,
yet
the
appellant
shall
not
pay
a
new
fine
to
the
king
,
for
that
he
hath
paied
it
before
.
And
if
the
defendant
be
found
guilty
,
when
he
is
tryed
at
the
kings
suit
,
the
appellant
hath
no
remedy
to
recouer
the
fine
,
which
he
hath
paied
before
:
for
by
the
common
Law
,
the
plaintife
in
an
appeale
should
haue
paied
a
fine
for
his
Nonsute
,
which
is
the
cause
that
a
fine
shal
be
paied
by
the
appellant
presently
vpon
his
Nonsute
.
St.
13.
E.
1.
12
11
And
for
that
the
words
of
the
said
statute
of
West
.
2.
be
,
In
what
case
inquiry
shal
be
of
the
abettors
If
the
appellants
be
not
able
to
recompence
the
dammages
,
inquiry
shal
be
made
,
by
whose
abetment
the
appeale
was
commenced
:
by
those
words
it
is
to
be
gathered
,
that
if
dammages
be
not
to
be
recouered
against
the
appellant
,
there
shall
neuer
any
inquiry
be
made
of
the
abettors
,
as
in
the
cases
aforesaid
.
And
where
the
words
of
the
statute
be
,
If
the
appellant
be
not
able
to
recompence
the
dammages
,
it
is
intended
all
the
dammages
:
for
if
the
appellant
be
sufficient
to
render
part
of
the
dammages
,
8.
H.
5.
6.
8.
Ed.
4.
3.
but
not
the
whole
,
inquiry
shal
be
made
of
the
abettors
,
and
they
shall
pay
the
residue
.
St.
13.
E.
1.
12
12
The
foresaid
statute
doth
ordaine
,
That
inquiry
shal
be
made
of
the
abettors
,
if
the
appellée
do
desire
it
:
so
that
the
Court
of
Office
ought
not
to
inquire
thereof
,
but
at
the
appellees
request
.
And
if
an
appeale
be
brought
against
two
,
and
one
of
them
is
acquit
by
verdict
,
if
the
Court
do
inquire
of
the
abettors
at
the
request
of
the
same
defendant
,
and
the
Enquest
doth
find
,
that
there
be
no
abettors
,
and
after
the
other
defendant
is
arraigned
,
and
also
acquite
,
and
if
he
do
request
also
,
that
inquiry
may
be
made
of
the
abettors
,
the
verdict
of
the
former
Enquest
,
wherunto
he
was
not
priuy
,
neither
against
which
he
shall
haue
any
remedy
,
being
but
an
Enquest
of
Office
,
shall
not
bind
him
;
but
according
to
the
words
of
the
said
statute
,
inquiry
shall
be
made
againe
at
his
request
of
the
abettors
:
for
though
it
be
commonly
inquired
of
the
abettors
,
by
the
same
Iury
which
doth
trie
the
def.
yet
their
inquiry
therein
is
but
an
Enquest
of
office
:
for
if
they
do
find
abettors
,
the
abettors
when
they
doe
appeare
,
may
trauerse
all
that
the
Enquest
hath
found
:
As
if
they
haue
found
that
the
appellant
was
not
sufficient
,
What
pleas
the
abettors
may
plead
.
or
that
such
a
man
,
or
such
a
one
were
abettors
:
8.
Ed.
4.
3.
because
they
that
be
supposed
abettors
,
may
say
by
protestation
,
not
confessing
the
felonie
,
for
their
plea
,
that
the
appellant
is
sufficient
,
or
that
they
were
no
abettors
:
for
the
words
of
the
Statute
be
(
And
if
they
bee
lawfully
conuict
of
such
abetment
by
malice
)
which
doth
proue
that
they
shal
haue
their
answer
to
that
which
was
found
by
the
Enquest
.
And
also
it
is
a
good
answer
for
him
that
is
charged
to
be
an
abettor
,
to
shew
sufficient
matter
to
proue
,
Fi.
Cor.
386
that
the
defendant
ought
not
to
recouer
his
damages
against
the
appellant
,
or
that
the
defendant
was
not
lawfully
acquit
,
but
erroniously
.
But
if
the
abettors
would
take
exception
to
the
inquisition
found
,
for
that
the
enquest
did
not
find
at
what
day
,
Fi.
Cor.
45
M.
22.
E.
4.
yeare
,
and
place
the
abetment
was
made
,
that
is
no
good
exception
:
for
in
that
they
haue
found
the
abetment
,
they
haue
performed
the
words
of
the
statute
(
which
be
,
That
inquirie
shall
be
made
by
whose
abetment
)
and
that
they
haue
found
:
And
touching
the
yeare
day
,
and
place
,
the
defendant
in
the
Appeale
must
adde
to
the
inquisition
,
and
so
supply
that
which
wanteth
.
Proces
against
the
abettors
.
13
Because
the
said
statute
hath
ordained
,
St.
13.
E.
1.
12
that
after
by
an
Enquest
an
abettor
is
found
,
he
shal
be
distrained
by
a
iudiciall
writ
at
the
appellees
suit
,
to
appeare
before
the
Iustices
:
Therfore
it
is
to
be
gathered
by
words
of
the
said
statute
,
that
the
proces
against
abettors
is
distresse
infinit
:
for
this
proces
of
distresse
is
alwayes
pursued
by
him
that
is
acquit
,
who
for
his
spéedie
remedie
may
prosecute
it
,
although
the
apppellant
be
not
in
the
Court
:
as
where
the
Appellant
was
nonsuit
in
the
Appeale
,
and
the
defendant
was
arraigned
at
the
Kings
suit
,
and
acquit
,
and
his
damages
taxed
,
and
the
abettors
found
:
Fi.
Dam̄
.
77.
in
this
case
the
defendant
shall
haue
proces
against
the
abettors
presently
,
although
the
iudgement
of
damages
shal
be
suspended
,
vntill
a
Scire
facias
shall
be
awarded
and
returned
against
the
appellant
.
Nonsute
in
the
proces
against
the
abettors
.
And
the
defendant
who
is
acquit
in
an
Appeale
,
may
be
nonsuit
in
the
proces
which
hee
doth
pursue
against
the
abettors
,
and
begin
againe
if
he
will
,
for
that
nonsuit
is
not
peremptorie
to
him
.
Fit
.
Co.
386
A
Writ
against
the
abettors
by
the
appellee
.
14
There
is
an
originall
writ
to
be
purchased
by
the
Appellée
,
who
is
acquit
by
verdict
,
against
the
abettors
,
for
their
abetment
,
Fitz.
Act.
sur
stat.
28.
wherein
he
may
count
abettors
,
of
greater
damages
than
were
assessed
by
the
Iustices
in
the
Appeal
:
for
of
those
damages
taxed
in
the
Appeale
,
there
will
lye
no
attaint
,
because
the
inquirie
touching
them
is
but
of
office
.
And
the
defendant
in
the
Appeale
cannot
compell
the
Iustices
to
increase
those
damages
,
and
therefore
it
is
reason
that
he
should
releeue
himselfe
by
this
action
.
Procurors
of
indictments
for
suits
in
spirituall
Courts
.
13
The
same
remedie
which
is
giuen
by
the
foresaid
stat.
of
West
.
2.
to
the
def.
in
an
appeale
of
Felony
,
if
he
be
acquite
,
is
giuen
by
the
stat.
made
An.
1.
R.
2.
to
him
who
is
falsely
indicted
for
pursuing
in
a
spirituall
Court
a
matter
pertaining
to
the
temporall
iurisdiction
,
after
that
he
is
acquite
thereof
:
St.
1.
R.
2.
13
The
words
of
which
stat.
be
these
:
The
Prelates
&
Clergy
of
the
realme
do
greatly
complaine
,
for
that
people
of
holy
Church
suing
in
the
spirituall
court
for
their
tithes
,
&
other
things
,
which
ought
of
right
,
and
of
auncient
time
were
wont
to
appertaine
to
the
same
spirituall
court
,
&
that
the
Iudges
of
spirituall
courts
,
&
other
persons
dealing
therein
according
to
the
Law
,
be
maliciously
and
vnduly
for
that
cause
indicted
,
imprisoned
,
and
by
the
secular
power
horribly
oppressed
,
and
also
enforced
by
violence
,
by
oathes
,
by
grieuous
obligations
,
and
by
many
other
meanes
vnduly
compelled
to
desist
,
and
vtterly
to
leaue
off
from
the
things
aforesaid
,
contrary
to
the
liberties
of
the
holy
Church
.
Wherefore
it
is
enacted
,
That
all
such
Obligations
made
,
or
to
be
made
by
duresse
,
or
violence
,
shal
be
of
no
value
.
And
touching
those
which
do
procure
by
malice
such
indictments
,
&
themselues
to
be
indictors
,
after
that
the
same
indictées
be
thereof
acquite
,
such
procurors
and
indictors
shall
haue
and
incurre
the
same
paine
which
is
contained
in
the
statute
of
West
.
2.
touching
those
which
do
procure
false
appeales
to
be
made
.
And
the
Iustices
of
Assise
,
or
other
Iustices
,
before
whom
such
persons
indicted
shal
be
acquite
,
shall
haue
authority
to
inquire
of
such
indictors
and
procurors
,
and
to
punish
them
duly
,
euery
person
according
to
his
desert
.
❧
A
Writ
of
Conspiracie
.
Where
a
writ
of
Conspiracy
doth
lie
.
1
A
Writ
of
Conspiracy
doth
lie
,
where
two
or
thrée
persons
,
or
more
,
of
malice
,
and
by
co●
in
,
doe
conspire
and
deuise
to
indict
another
person
falsely
,
and
after
he
which
is
so
indicted
is
acquited
,
in
this
case
he
shall
haue
a
writ
of
Conspiracy
against
those
,
who
did
so
conspire
to
indict
him
.
But
this
writ
doth
lye
against
two
persons
at
the
least
,
28.
Ass.
p.
12
11.
H.
4.
2.
which
doe
so
conspire
:
for
if
one
person
,
of
malice
and
his
own
false
imagination
,
doth
labour
and
cause
one
to
be
falsely
indicted
,
the
party
which
was
so
indicted
shall
not
haue
a
writ
of
Conspiracy
,
but
an
action
vpon
●he
case
against
him
,
who
caused
him
to
be
falsely
indicted
.
2
At
the
common
law
a
writ
of
Conspiracy
did
lie
as
well
vpon
an
acquitall
in
an
appeale
,
as
it
doth
at
this
day
on
an
acquitall
vpon
an
indictment
.
But
there
hath
growne
a
question
thereof
sithence
the
stat.
of
West
.
2.
was
made
,
St.
13.
E.
1.
12
Registrum
for
that
in
the
writ
of
Conspiracy
,
in
the
Register
,
it
is
noted
for
a
rule
,
and
also
it
is
affirmed
by
some
others
,
That
a
writ
of
Conspiracy
doth
not
lye
vpon
an
appeale
,
for
that
the
said
stat.
of
West
.
2.
gaue
to
the
def.
dammages
against
the
appellant
and
the
abettors
,
Fit
.
Na.
Bre.
114.
and
so
in
a
sort
prouided
for
him
another
remedy
.
But
to
say
generally
,
that
the
def.
shall
not
haue
a
writ
of
Conspiracy
vpon
an
acquital
in
an
appeale
,
for
that
he
may
haue
damages
against
the
appellant
and
the
abettors
,
is
no
sufficient
reason
:
for
the
said
stat.
doth
not
giue
to
the
def.
inquiry
against
the
abettors
,
but
vpon
his
owne
request
,
and
therefore
if
he
will
omit
to
desire
it
,
he
shal
haue
the
remedy
ordained
by
the
common
law
:
which
law
is
not
changed
by
the
foresaid
stat.
of
West
.
2.
that
is
in
the
affirmatiue
,
&
doth
not
restraine
the
benefit
giuen
by
the
common
law
.
And
it
may
be
,
that
the
damages
assessed
by
the
enquest
of
office
,
will
not
be
so
beneficiall
vnto
him
,
as
the
damages
which
wil
be
giuen
by
a
Iury
,
that
is
taken
at
the
parties
suit
,
whereunto
he
shall
haue
his
challenges
,
and
an
attaint
,
if
they
giue
a
false
verdict
.
Also
in
a
Writ
of
Conspiracy
proces
is
to
be
awarded
by
Capias
and
Exigent
,
which
proces
is
not
to
be
graunted
vpon
an
inquiry
,
according
to
the
stat.
of
West
.
2.
So
that
if
the
abettors
be
not
distrainable
,
the
def.
in
an
appeal
shal
be
without
any
remedy
.
And
further
,
the
damages
which
the
abettors
are
to
pay
by
force
of
the
said
statute
of
West
.
2.
be
the
dammages
that
the
defendant
hath
recouered
against
the
appellant
,
which
dammages
the
abettors
are
to
pay
for
the
defendant
,
or
for
his
insufficiencie
,
or
nonabilitie
,
and
not
for
themselues
.
And
so
it
may
be
said
,
that
they
may
satisfie
for
themselues
in
a
writ
of
Conspiracie
to
be
brought
against
them
,
or
otherwise
their
offence
shal
be
vnpunished
.
Conspiracy
maintenable
vpon
acquitall
in
an
appeale
or
indictment
.
And
therefore
notwithstanding
the
said
statute
of
West
.
2.
a
Writ
of
Conspiracie
doth
lye
at
this
day
,
as
well
where
the
defendant
is
acquited
vpon
an
appeale
,
as
where
he
is
acquited
vpon
an
Indictment
.
And
accordingly
there
is
a
Writ
of
Conspiracie
in
the
Register
deuised
for
that
purpose
,
33.
H.
6.
2.
40.
Ed.
3.
42
22.
As
.
p.
39
14.
H.
7.
2.
amongst
other
Writs
of
Conspiracie
.
But
in
an
appeale
founded
vpon
an
indictment
,
if
the
defendant
be
acquite
vpon
the
appeale
,
he
shall
not
haue
a
Writ
of
Conspiracie
,
because
it
cannot
be
intended
to
be
founded
vpon
malice
,
when
it
is
founded
vpon
an
Indictment
.
And
likewise
,
if
an
Appeale
be
founded
vpon
an
Indictment
,
although
the
appellant
be
Non-sute
after
declaration
,
and
the
defendant
be
arraigned
,
and
acquite
at
the
Kings
suit
,
yet
the
defendant
shall
not
haue
a
Writ
of
Conspiracy
,
causa
qua
supra
.
3
He
against
whom
a
Writ
of
Conspiracie
is
to
be
brought
,
The
indictment
must
be
false
,
which
giueth
the
writ
of
Conspiracy
must
be
charged
,
that
he
conspired
with
others
to
indict
the
plaintife
falsely
and
maliciously
,
without
any
good
or
lawfull
cause
,
22.
As
.
p.
77
Fi.
Consp
.
21.
24.
or
els
the
Writ
will
not
lye
:
and
therefore
if
by
the
conspiracie
of
two
or
moe
one
is
indicted
of
Murther
,
and
vpon
his
arraignement
it
is
found
,
that
he
did
kill
the
man
in
his
owne
defence
,
or
by
misaduenture
,
or
by
any
other
meanes
which
by
the
Law
is
iustifiable
,
he
shall
not
haue
a
Writ
of
Conspiracie
:
for
the
Indictment
was
framed
vpon
good
cause
,
viz.
the
death
of
a
man
,
and
neither
vpon
falsehood
,
or
malice
:
and
in
like
sort
,
if
he
that
is
indicted
or
appealed
of
Felony
,
doth
purchase
his
Charter
of
Pardon
thereof
,
and
pleadeth
it
,
he
shall
not
haue
a
Writ
of
Conspiracie
,
for
by
that
pardon
sued
he
doth
in
a
sort
confesse
the
committing
of
the
felonie
,
and
so
cléere
the
falshood
or
malice
of
any
which
did
deuise
to
indite
him
.
And
yet
notwithstanding
the
obtaining
of
his
pardon
,
he
may
waiue
it
,
and
plead
not
guiltie
,
and
then
if
he
be
acquit
of
the
felonie
,
he
may
haue
his
writ
of
conspiracie
.
11.
H.
4.
40.
7.
E.
6.
Dyer
85.
28.
H.
8.
Dyer
28.
But
if
the
pardon
be
by
act
of
Parliament
,
he
cannot
waiue
it
:
for
the
Iustices
ought
to
allow
him
his
pardon
without
pleading
of
it
,
if
it
be
a
generall
pardon
.
33.
H.
6.
2
4
If
two
be
indited
or
appealed
of
felonie
,
the
one
as
principall
,
A
conspiracie
doubtfull
.
and
the
other
as
accessorie
,
and
the
principall
hath
his
charter
of
pardon
,
or
doth
die
before
he
be
attainted
,
the
accessorie
shall
not
haue
a
writ
of
conspiracie
against
the
parties
that
sued
the
appeale
,
or
deuised
to
indite
the
principal
and
him
,
for
that
it
is
not
yet
discussed
,
but
standeth
indifferent
whether
the
conspiracie
were
false
or
true
.
21.
E.
3.
17
7.
H.
4.
31.
27.
Ass.
p.
12
30.
Ass.
p.
21
22.
Ass.
p.
77
5
If
after
a
conspiracie
for
an
inditement
agréed
vpon
,
The
conspirators
doe
become
indictors
to
be
preferred
by
two
or
more
,
the
same
conspirators
be
sworne
vpon
an
Enquest
to
enquire
of
felonies
,
and
they
with
the
residue
of
the
Enquest
that
be
sworne
with
them
,
do
indict
him
of
felony
,
against
whom
they
did
before
conspire
,
in
this
case
he
shall
not
haue
a
Writ
of
Conspiracy
against
them
,
because
it
cannot
be
intended
false
and
malicious
,
when
they
did
it
by
vertue
of
their
oathes
,
and
also
did
it
with
others
besides
themselues
.
And
the
same
Law
is
,
if
after
the
conspirators
be
sworne
vpon
the
Enquest
of
inquirie
,
and
haue
spoken
and
conferred
with
their
companions
,
the
Iustices
shall
remooue
them
from
the
Enquest
,
yet
in
that
they
were
once
sworne
,
and
the
conspiracie
thereby
discharged
,
this
remoouing
them
from
the
Enquest
which
commeth
after
,
20.
H.
6.
5.
&
35.
shall
not
make
them
to
bée
againe
in
danger
,
and
charge
of
the
Writ
of
Conspiracie
.
And
so
it
is
of
a
Iustice
of
Peace
;
A
Iustice
of
peace
.
he
shall
not
be
charged
by
a
Writ
of
Conspiracy
,
for
any
thing
which
he
doth
in
open
Sessions
as
a
Iustice
of
Peace
,
27.
Ass.
p.
12
12.
E.
4.
18
21.
E.
4.
67.
47.
Ed.
3.
17.
for
he
is
a
Iudge
of
record
,
and
sworne
to
execute
his
office
duly
,
and
may
informe
for
the
kings
benefit
,
and
to
punish
offendors
as
well
as
he
can
.
But
the
Law
is
méere
contrary
,
if
one
who
is
no
Iustice
of
record
doth
it
,
for
he
shal
be
charged
by
a
Writ
of
Conspiracy
,
if
he
do
it
with
others
.
And
in
like
sort
,
35.
H.
6.
14.
27.
As
.
p.
12
20.
H.
6.
5.
9.
H.
4.
11.
21.
H.
7.
Kel
.
81.
if
one
doth
come
into
the
Court
,
A
giuer
of
Euidence
.
and
discouereth
a
felony
,
and
is
sworn
,
and
doth
giue
euidence
to
the
Enquest
,
he
shall
not
thereupon
be
charged
in
conspiracie
,
if
he
doth
not
before
conspire
with
others
falsely
and
maliciously
.
In
a
writ
of
Conspiracy
the
def.
pleaded
,
that
when
the
Iurors
had
taken
their
oathes
vpon
the
indictment
,
he
was
sworn
to
informe
them
:
But
because
an
act
done
by
him
only
without
others
,
cannot
be
said
to
be
any
conspiracy
,
35.
H.
6.
14.
27.
As
.
p.
12
and
so
was
no
answer
to
that
wherewith
the
plaintife
charged
him
,
for
that
cause
he
wayued
his
plea
,
and
pleaded
not
guilty
:
for
he
that
is
to
be
charged
with
a
conspiracy
,
must
be
charged
,
in
respect
that
he
did
it
with
others
,
and
falsely
,
and
maliciously
.
Who
be
conspirators
.
6
And
for
that
it
might
be
knowne
to
all
men
,
whom
the
Law
did
construe
to
be
conspirators
,
and
were
worthy
to
be
punished
as
conspirators
:
Therefore
there
was
a
stat.
made
Ann
33.
Ed.
1.
which
defineth
them
in
this
manner
,
viz.
St.
33
E.
1.
Conspirators
be
they
,
which
bind
themselues
by
oath
,
couenant
,
or
other
alliance
,
that
euery
one
shall
helpe
and
maintaine
others
purpose
,
falsely
and
maliciously
to
indict
,
or
to
moue
and
maintaine
suites
:
and
also
that
cause
infants
to
appeale
others
of
felony
,
whereby
they
are
imprisoned
,
and
much
grieued
:
and
such
as
retaine
men
in
the
country
with
liueries
,
or
fées
,
to
maintaine
their
leud
enterprises
,
and
to
subuert
the
truth
,
as
wel
the
takers
as
the
giuers
.
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
them
shall
not
answere
,
vntill
his
companion
doth
appeare
,
for
the
inconueniency
which
may
ensue
,
viz.
that
the
one
may
be
found
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
indictment
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
things
done
in
the
Countie
which
belongeth
to
the
Office
of
the
Coroner
.
And
also
an
Appeale
shal
be
entred
of
Robberie
or
Larcenie
in
the
presence
of
the
Coroner
in
the
Court
of
any
frée
man
which
hath
a
franchise
of
Infang
théefe
.
Election
of
the
Coroner
.
Which
Coroner
shall
be
chosen
into
the
same
Office
vpon
the
death
,
or
other
auoidance
of
another
,
by
force
of
the
Kings
writ
directed
to
the
Sherife
of
that
Countie
where
that
Office
is
void
,
by
death
or
otherwise
.
And
the
same
election
shall
be
in
the
full
County
Court
by
warrant
of
the
Kings
writ
:
The
tenor
of
which
writ
is
as
followeth
.
2
Iames
by
the
grace
of
God
&c.
The
writ
de
Coronator●
eligendo
.
To
the
Sherife
of
the
Countie
of
Buckingham
Salutation
&c.
Because
L.
one
of
our
Coroners
of
the
Countie
is
deceased
,
as
we
are
informed
,
we
do
commaund
thée
,
if
it
bee
so
,
that
thou
doest
cause
another
Coroner
to
be
chosen
in
thy
full
Countie
,
by
the
assent
of
the
same
Countie
,
in
the
place
of
the
same
L.
according
to
the
forme
of
the
statute
therefore
made
and
prouided
:
Who
taking
his
othe
according
to
the
custom
,
shall
from
thenceforth
do
and
performe
all
things
which
doe
appertaine
to
the
Office
of
a
Coroner
in
the
Countie
aforesayd
.
And
cause
such
a
one
to
bee
chosen
which
best
can
,
and
will
attend
that
Office
.
How
long
a
Coroner
shal
continue
in
his
Office
.
When
a
Coroner
is
chosen
he
shall
continue
in
his
Office
vntill
the
King
hath
otherwise
determined
his
pleasure
,
4.
E.
4.
44
or
that
the
King
doth
dye
,
or
that
there
be
another
King
:
for
he
is
not
changeable
euerie
yeare
,
as
the
Sherife
and
Escheator
is
.
And
then
the
Sherife
shall
giue
him
an
othe
,
That
he
shall
lawfully
and
without
demaunding
of
any
reward
,
make
his
enquests
and
inrolments
,
and
do
all
things
which
do
belong
to
the
office
of
the
Coroner
.
3
And
because
many
meane
men
,
and
of
small
discretion
,
were
diuers
times
chosen
into
the
sayd
Office
of
Coroners
,
and
for
that
it
is
expedient
that
discréet
,
lawfull
,
and
sage
men
should
meddle
in
the
same
Office
;
therefore
by
the
Statute
o●
Westminst.
prim̄
,
made
Anno
3.
Edw.
primi
,
St.
3.
E.
1.
10
it
was
ordained
,
Who
shal
be
Coroners
,
&
by
whom
they
shal
be
chosen
.
That
all
Coroners
of
Shires
shall
bée
chosen
in
the
full
Counties
,
by
the
Commons
of
the
same
Counties
,
of
the
most
méet
and
worthie
people
,
which
may
bée
found
in
the
same
Counties
,
to
execute
the
sayd
Offices
,
and
of
the
most
sage
and
wise
Knights
,
which
doe
best
know
,
can
,
and
will
attend
vnto
the
same
Office
,
and
which
will
lawfully
attache
and
present
the
Pleas
of
the
Crowne
.
And
the
same
Statute
was
after
rehearsed
and
confirmed
by
the
Statute
of
Anno
28.
Edw.
3.
by
which
it
was
ordained
,
St.
28.
E.
3.
6
That
Coroners
of
Counties
shall
bée
chosen
in
the
full
Counties
,
by
the
Commons
of
the
same
Counties
,
of
the
most
fit
and
lawfull
persons
of
the
same
Counties
:
Alwayes
sauing
to
the
King
and
other
Lords
,
which
ought
to
make
such
Coroners
their
Franchises
.
St.
14.
E.
3.
8
But
by
the
Statute
of
Anno
14.
Edw.
3.
no
Coroner
shall
bée
chosen
,
A
Coroner
must
haue
sufficient
land
.
if
hée
haue
not
sufficient
land
in
fee
in
the
same
Countie
,
whereof
hée
may
answer
all
manner
of
people
.
And
because
this
Statute
is
in
the
negatiue
,
therefore
the
not
satisfying
of
it
,
is
a
sufficient
cause
to
remooue
a
Coroner
from
his
Office
.
And
hée
is
sayd
to
haue
sufficient
land
,
if
hée
hath
land
in
the
Countie
whereupon
hée
may
liue
according
to
his
degrée
,
to
execute
that
Office
.
And
whereas
the
foresayd
Statute
of
28.
Edw.
3.
hath
ordayned
,
Fi.
N.
B.
164.
That
a
Coroner
shall
bée
chosen
by
the
Commons
of
the
sayd
Counties
,
that
is
intended
by
the
fréeholders
of
the
same
Counties
,
and
by
none
other
.
Whether
Coroners
ought
to
be
knights
.
4
The
foresayd
Statute
of
Westminst.
prim̄
,
St.
3.
E.
1.
10
committeth
the
Office
of
Coroners
to
Knights
and
none
others
:
and
therefore
in
former
ages
it
was
a
cause
amongst
others
,
to
discharge
a
Coroner
of
his
Office
,
that
hée
was
no
Knight
:
But
because
those
words
were
put
into
the
Statute
onely
to
the
intent
that
the
Coroner
should
haue
sufficient
within
the
same
Countie
:
for
which
cause
,
if
that
be
performed
,
the
intent
of
the
Statute
is
obserued
.
Causes
to
remoue
a
Coroner
.
5
And
also
the
same
statute
doth
ordaine
,
That
such
shall
bee
chosen
Coroners
,
which
do
know
,
can
,
and
will
attend
vnto
the
said
Office
:
And
therefore
if
any
be
chosen
,
which
do
not
know
,
cannot
,
or
will
not
attend
vnto
the
same
office
,
they
shal
be
remoued
and
discharged
of
that
office
by
the
K.
writ
,
Co.
l.
5.
57.
wherein
the
cause
of
his
discharge
shall
be
rehearsed
:
either
because
he
is
imployed
in
other
affaires
of
the
K.
or
that
he
is
sicke
of
some
grieuous
and
long
infirmitie
,
or
that
he
is
lame
,
or
that
he
is
not
méet
for
that
office
(
viz.
by
force
of
some
clause
contained
in
the
said
statute
of
West
.
1.
)
or
that
hee
hath
not
sufficient
lands
within
the
same
Countie
,
or
that
he
hath
the
palsey
,
Fitz.
N.B.
165.
N.
or
that
hee
is
dwelling
in
the
vttermost
part
of
the
Shire
,
or
that
he
is
chosen
Sherife
,
or
verderer
of
a
forrest
.
But
if
any
of
those
causes
surmised
be
false
,
whereby
the
Coroner
is
discharged
of
his
Office
by
false
suggestion
,
then
he
may
sue
for
a
commission
to
be
awarded
out
of
the
Chauncerie
,
to
enquire
of
the
same
suggestion
.
And
if
it
be
found
false
,
and
returned
so
into
the
Chauncerie
,
then
there
shall
be
a
Supersedeas
awarded
out
of
the
Chauncerie
,
to
the
Sherife
,
that
hee
shall
not
remoue
the
sayd
Coroner
.
And
if
he
be
remoued
,
that
hée
shall
suffer
him
to
enioy
the
sayd
Office
as
he
did
before
.
But
it
is
sometimes
vsed
,
and
most
commendable
for
him
that
is
chosen
Coroner
,
if
he
perceiue
in
himselfe
any
of
the
foresayd
impediments
,
Register
.
fo.
177.
to
purchase
a
writ
out
of
the
Chancerie
,
to
discharge
him
of
the
said
Office
.
6
And
because
the
sayd
Coroner
should
doe
iustice
and
right
to
all
persons
,
Where
a
Coroner
may
take
a
fee
,
and
where
not
.
without
extortion
or
exaction
,
St.
3.
E.
1.
10
the
foresayd
statute
of
West
.
1.
doth
further
ordaine
,
That
Sherifes
shall
haue
counter-rolls
with
the
Coroners
,
as
well
of
Appeales
as
of
Enquests
,
of
Attachments
,
and
other
things
which
do
belong
to
his
Office
.
And
no
Coroner
shall
demaund
or
take
any
thing
for
the
execution
of
his
Office
,
vpon
paine
of
a
grieuous
forfeiture
to
the
King
.
Which
said
Statute
was
also
confirmed
by
a
statute
made
at
Excester
,
St.
14.
E.
1.
anno
14.
Edw.
1.
And
by
the
statute
made
Anno
1.
H.
8.
it
was
enacted
,
St.
1.
H.
8.
7.
That
vpon
request
made
to
a
Coroner
to
come
and
enquire
vpon
the
view
of
any
person
slaine
,
drowned
,
or
otherwise
dead
by
misaduenture
,
the
sayd
Coroner
shall
diligently
doe
his
Office
,
vpon
the
view
of
the
bodie
of
euerie
such
person
or
persons
,
without
any
thing
taking
therefore
,
vpon
paine
to
euerie
Coroner
that
will
not
endeuour
himselfe
to
doe
his
Office
as
is
aforesaid
,
or
that
hee
taketh
any
thing
of
any
person
,
for
doing
of
his
Office
vpon
euery
person
dead
by
misaduenture
,
for
euerie
time
fortie
shillings
.
And
the
Iustices
of
Assises
,
and
Iustices
of
Peace
,
within
the
countrey
where
such
default
of
Coroners
be
,
haue
authoritie
to
enquire
thereof
,
and
to
determine
the
same
,
as
well
by
examination
as
by
presentment
.
But
by
a
statute
made
Anno
3.
H.
7.
it
was
prouided
,
St.
3.
H.
7.
1.
That
a
Coroner
shall
haue
for
his
fée
vpon
euerie
Inquisition
taken
vpon
the
view
of
a
bodie
murdered
,
or
otherwise
slaine
,
iij.
s.
iiij
.
d.
of
the
goods
and
cattels
of
the
murderer
,
if
he
haue
any
,
and
if
he
haue
no
goods
,
the
Coroner
shall
haue
his
fee
of
such
amerciaments
as
any
towneship
shall
be
amerced
for
escape
of
any
such
murderer
.
And
though
by
the
common
law
the
Coroner
hath
a
fee
,
Fitz.
Cor.
321.
372.
a
penie
of
euerie
Visinage
,
as
appendant
to
his
Office
,
at
the
comming
of
the
Iustices
in
Eire
,
yet
that
fee
is
not
repugnant
to
the
foresayd
statute
of
Westminst.
1.
for
hee
taketh
not
that
to
execute
his
Office
,
but
as
a
fee
of
right
incident
to
his
office
,
though
he
do
nothing
in
the
execution
of
the
said
Office
.
St.
3.
Ed.
1.
Bracton
de
Corona
,
cap.
5.
7
It
appeareth
both
by
the
stat.
intituled
Officium
Coronatoris
,
Of
what
things
Coroners
shall
inquire
.
and
by
Bracton
,
that
if
any
Coroners
be
aduertised
by
the
K.
Bailifes
,
or
other
honest
men
of
the
countrey
,
to
come
to
those
that
be
slaine
,
sodainly
dead
,
or
wounded
,
or
to
house
breakers
,
or
to
any
place
where
treasure
is
found
,
they
shall
immediatly
come
and
forthwith
commaund
foure
,
fiue
,
or
sixe
of
the
next
townes
,
that
they
appeare
before
them
in
such
a
place
:
and
when
they
come
,
the
Coroners
vpon
their
othe
,
shall
inquire
,
Murder
.
if
they
did
know
of
that
man
that
was
killed
,
where
he
was
first
slaine
,
whether
in
the
field
,
or
in
the
house
,
bed
,
Tauerne
,
or
in
any
companie
,
and
who
were
there
.
Inquirie
of
the
offendors
.
Likewise
they
shal
inquire
who
were
culpable
,
either
of
the
act
or
force
,
and
who
were
present
,
either
men
or
women
,
and
of
what
age
they
be
,
so
they
can
speak
,
and
haue
discretion
:
And
they
which
be
found
guiltie
by
inquisition
in
the
foresaid
maner
,
shal
be
taken
,
deliuered
to
the
Sherif
,
and
committed
to
the
gaole
:
and
as
many
of
them
as
be
not
found
guiltie
,
shal
be
attached
,
vntil
the
comming
of
the
Iustices
,
and
their
names
inrolled
.
A
man
found
slaine
.
And
if
any
man
be
sodainly
slain
,
and
found
in
the
fields
or
woods
,
it
is
to
be
considered
whether
he
were
slaine
there
or
not
:
if
hée
were
brought
thither
,
their
steps
that
brought
him
(
if
it
may
be
)
shall
bee
followed
,
and
so
shall
the
tracke
of
horse
and
cart
.
And
also
it
shall
be
inquired
,
if
he
that
was
slaine
were
knowne
or
vnknowne
,
and
where
he
lodged
the
night
before
:
And
if
any
be
found
guiltie
of
the
death
of
such
,
immediatly
the
Coroners
shal
come
to
his
house
,
and
inquire
what
cattell
he
hath
,
and
what
corne
in
his
graunge
,
and
what
on
the
ground
;
and
if
he
be
a
frée
man
,
what
frée
land
hée
hath
,
and
what
it
is
worth
by
the
yeare
,
beside
the
Lord
of
the
fées
seruice
:
but
the
land
shall
remaine
in
the
kings
hands
,
vntill
the
Lord
of
the
fée
hath
made
a
fine
for
it
.
And
when
they
haue
enquired
of
all
things
,
then
they
shal
cause
them
to
be
priced
,
as
if
they
should
straight
way
be
sold
,
and
the
bodie
of
him
that
is
dead
shall
be
buried
.
Moreouer
,
the
Coroners
shall
enquire
of
them
which
be
drowned
,
sodainly
slaine
,
Sodainly
slaine
.
or
strangled
by
the
signe
of
a
coard
tyed
strait
about
their
neckes
,
or
about
any
of
their
members
,
or
vpon
any
other
hurt
found
vpon
their
bodies
,
or
some
other
manifest
token
,
and
shall
attache
the
finders
,
and
al
other
in
their
company
.
A
Coroner
ought
to
inquire
of
treasure
that
is
found
,
Treasure
trone
.
who
were
the
finders
,
and
who
are
suspected
thereof
,
which
may
be
gathered
by
some
mans
delicat
liuing
,
and
frequenting
of
Tauernes
,
which
(
vpon
suspition
)
shall
be
attached
by
foure
,
or
sixe
,
or
mo
pledges
.
If
any
be
appealed
of
Rape
,
Rape
.
he
shall
be
attached
by
foure
or
sixe
pledges
,
if
the
appeale
be
fresh
,
and
the
signe
of
the
truth
apparant
,
or
an
open
outcrie
leuyed
:
But
if
it
be
without
any
manifest
token
or
outcry
,
two
pledges
shall
suffice
.
Vpon
Appeale
of
Maihem
,
if
the
wounds
Maihem
or
wound
.
be
mortall
,
they
which
bee
appealed
shall
bée
forthwith
apprehended
,
and
kept
vntill
it
be
knowne
whether
he
that
is
hurt
shall
recouer
or
not
:
if
he
dye
they
shall
be
retained
,
if
he
liue
they
shall
be
attached
by
foure
or
sixe
pledges
,
according
to
the
bignesse
of
the
wound
:
If
it
be
for
a
Maihem
,
then
there
shall
be
no
lesse
than
foure
pledges
:
if
a
small
wound
be
,
then
two
will
serue
.
The
length
,
breadth
,
and
déepenesse
of
all
wounds
The
length
,
breadth
,
and
déepnesse
of
wounds
.
ought
to
be
viewed
,
and
with
what
weapons
,
and
in
what
part
of
the
bodie
the
partie
was
hurt
,
and
also
how
many
wounds
there
be
:
how
many
be
culpable
,
and
who
gaue
the
wound
:
all
which
things
shall
bee
inrolled
in
the
Coroners
roll
.
Horses
,
boats
,
carts
,
commonly
called
Deodands
,
Deodands
.
wherby
any
person
shall
perish
,
shall
be
valued
and
deliuered
to
the
whole
township
,
which
shal
be
answerable
therefore
.
Whosoeuer
layeth
hands
vpon
the
wreck
of
the
sea
,
Wrecke
of
the
Sea
.
shal
be
attached
by
sufficient
pledges
.
The
price
of
the
wrecke
shal
be
valued
,
and
deliuered
to
the
towne
to
answer
,
&c.
8
It
doth
first
appeare
by
the
words
of
this
stat.
St.
3.
Ed.
1.
that
the
Coroner
ought
to
do
his
office
in
his
owne
proper
person
,
The
Coroner
shall
execute
his
Office
in
his
owne
person
.
and
not
by
Deputie
.
viz.
They
shall
presently
come
to
those
that
bée
slaine
,
or
sodainely
dead
.
And
so
also
it
is
declared
by
the
Statute
of
Excester
,
St.
14.
E.
1.
and
prooued
by
the
foresayde
definition
of
the
Office
or
Authoritie
of
a
Coroner
,
viz.
That
a
Coroner
shall
make
a
Record
of
his
owne
view
:
which
is
,
that
hée
shall
sée
the
dead
bodie
when
hée
doth
make
the
inquirie
,
or
otherwise
the
inquirie
is
not
good
:
Fi.
Cor.
10●
For
if
hee
will
inquire
of
any
dead
person
without
the
sight
of
him
,
this
is
without
authoritie
,
and
so
void
.
The
Coroner
shall
sée
the
dead
body
.
And
therefore
if
the
bodie
bée
buried
before
his
comming
,
hée
must
record
it
in
his
Rolles
,
to
the
intent
that
the
towne
where
he
was
buried
may
be
amerced
for
it
,
Fitz.
Cor.
329.
Britton
4.
21.
E.
4.
70.
2.
R.
3.
2.
by
the
Iustices
in
Eire
vpon
the
sight
of
the
Coroners
Rols
.
And
yet
notwithstanding
the
Coroner
must
digge
the
bodie
out
of
the
ground
,
and
make
his
enquirie
vpon
the
sight
of
the
bodie
,
as
he
should
haue
done
if
it
had
not
béen
buried
.
If
one
be
indicted
before
the
Coroner
vpon
the
sight
of
the
body
,
and
then
the
body
is
by
the
Coroners
commandement
buried
,
and
after
,
for
that
the
indictment
is
not
sufficient
,
the
Coroner
doth
take
the
body
out
of
the
earth
,
A
body
buried
taken
vp
againe
.
and
indict
the
offendor
againe
:
this
is
lawfully
done
,
being
vpon
the
sight
of
the
bodie
,
though
the
bodie
had
béene
buried
fouretéene
dayes
before
.
If
a
dead
bodie
that
is
slaine
,
or
sodainely
dead
,
Fi.
Cor.
339
be
suffered
to
lye
vpon
the
ground
vnburied
to
putrifie
,
or
to
yéeld
an
euill
sauour
,
without
sending
for
the
Coroner
,
the
towne
where
the
same
bodie
did
so
lye
vnburied
,
Fi.
Cor.
421
Britton
.
shall
bée
amerced
.
And
likewise
if
a
prisoner
do
dye
in
prison
,
and
the
kéeper
of
the
prison
doth
not
send
for
a
Coroner
,
he
shall
be
amerced
.
And
though
a
Coroner
shall
make
a
record
of
his
owne
view
,
St.
9.
H.
3.
17
and
enter
the
same
into
his
roll
,
Pleas
of
the
Crowne
.
yet
by
the
statute
of
Magna
Charta
no
Coroner
,
Sherife
,
Constable
,
Escheator
,
or
other
Bailife
of
the
K.
shall
hold
pleas
of
the
Crowne
.
St.
3.
Ed.
1.
9
The
said
statute
of
West
.
1.
ordaineth
,
The
Coroner
must
presently
do
his
office
.
That
if
any
Coroners
be
aduertised
by
the
Kings
Bailifes
,
or
other
honest
men
of
the
countrey
,
they
shall
presently
come
and
make
inquisition
:
whereby
it
appeareth
,
that
if
the
Coroner
shall
be
slacke
and
negligent
in
comming
to
doe
his
office
,
after
the
Bailifes
or
men
of
the
countrey
haue
sent
for
him
,
he
shall
be
punished
.
And
if
he
omit
to
doe
his
office
,
Fitz.
Cor.
292.
as
to
make
inquirie
of
,
or
to
enter
into
his
roll
the
death
of
a
man
,
or
any
other
thing
which
by
the
law
he
is
to
doe
,
or
make
a
record
of
,
hée
shall
bée
committed
to
prison
.
And
by
the
statute
of
Anno
3.
H.
7.
St.
3.
H.
7.
1.
If
any
Coroner
be
remisse
in
viewing
of
a
dead
bodie
murdered
,
or
slaine
,
Coroners
shall
inquire
and
certifie
at
the
gaole
deliuery
and
do
not
enquire
of
them
that
haue
done
the
murder
,
or
death
,
of
their
abettors
,
and
consenters
,
who
were
present
thereat
,
and
their
names
:
or
so
found
,
doe
not
inroll
,
certifie
,
and
deliuer
his
inquisition
to
the
Iustices
of
the
next
gaole
deliuerie
in
the
Shire
where
the
inquisition
is
taken
,
that
the
same
Iust.
may
procéed
against
such
murderers
,
if
they
be
in
the
gaole
,
or
else
certifie
the
inquisition
into
the
K.
Bench
,
the
said
Coroner
shall
forfeit
to
the
King
for
euery
offence
v.
l.
St.
3.
Ed.
1.
35.
H.
6.
27
10
The
foresaid
statute
of
West
.
1.
as
touching
inquisition
,
The
Coroner
shall
inquire
onely
of
the
death
of
a
man
.
doth
only
extend
to
a
dead
person
:
whereby
it
séemeth
that
a
Coroner
cannot
inquire
of
any
other
felony
,
but
of
the
death
of
a
man
:
Sauing
that
in
Northumberland
the
Coroner
doth
inquire
of
all
felonies
:
But
that
authoritie
they
maintaine
by
prescription
.
A
presentment
was
made
before
the
Coroner
,
that
a
felon
being
apprehended
for
stealing
,
was
led
to
a
church
by
certaine
persons
:
and
this
was
adiudged
a
void
presentment
,
27.
Ass.
p.
55
because
he
cannot
inquire
thereof
by
vertue
of
his
office
:
but
if
he
had
receiued
the
kings
writ
,
or
commission
to
haue
made
inquirie
thereof
,
hée
might
haue
done
it
.
And
yet
some
do
affirme
,
that
he
may
inquire
of
the
rape
of
a
woman
,
and
of
breaking
of
prison
(
being
other
felonies
different
from
the
death
of
a
man
)
and
of
Sturgeon
,
and
Whales
taken
.
If
a
man
be
slaine
in
the
armes
or
braunches
of
the
sea
,
Slaine
in
an
arme
of
the
sea
.
where
one
may
sée
the
ground
on
both
sides
,
the
Coroner
shall
inquire
thereof
,
and
not
the
Admirall
,
because
the
countrey
may
take
knowledge
thereof
:
which
prooueth
,
Fi.
Cor.
399
that
by
the
common
law
the
Admirall
Admirall
.
had
no
iurisdiction
but
vpon
the
mayne
Sea
,
before
the
Statute
of
13.
R.
2.
&
2.
H.
4.
were
made
.
St.
13.
R.
2.
5
2.
H.
4.
11.
And
though
the
Coroner
cannot
enquire
of
any
other
felonies
,
but
of
the
death
of
a
man
,
yet
by
the
Statute
of
West
.
1.
made
Anno
3.
Ed.
1.
it
was
ord●ined
,
St.
3.
Ed.
1.
9
That
if
the
Sherife
,
Coroner
,
or
any
other
Bailife
within
Franchise
or
without
,
for
reward
,
A
Coroner
concealing
a
felon
,
or
not
arresting
him
.
intreatie
,
or
any
affinitie
,
doe
conceale
,
consent
,
or
procure
to
conceale
the
felonies
done
in
their
liberties
:
or
otherwise
will
not
attach
or
arrest
such
felons
,
whereas
they
may
,
or
will
not
do
their
offices
for
the
fauour
that
they
beare
to
such
offendors
,
and
be
thereof
attainted
,
they
shall
be
one
yeare
imprisoned
,
and
make
a
grieuous
fine
:
And
if
they
haue
not
whereof
to
make
fine
,
they
shall
be
thrée
yeares
imprisoned
.
So
that
a
Coroner
may
attach
or
arrest
any
maner
of
felon
whatsoeuer
,
though
he
cannot
inquire
of
him
.
11
It
is
contained
in
the
before
specified
Statute
of
Westminst.
1.
That
all
things
ought
to
bée
inrolled
in
the
Rolles
of
the
Coroner
:
Which
prooueth
that
the
same
inrolment
is
the
Coroners
Record
,
The
force
of
a
Coroners
record
.
and
that
the
sayd
Record
is
of
great
force
:
for
if
the
thing
inrolled
be
within
the
compasse
of
the
Coroners
authoritie
,
it
shall
be
of
greater
credit
than
the
Record
of
any
other
:
Bro.
Cor.
351.
For
if
a
thing
be
found
before
the
Iustices
in
Eyre
,
contrary
to
that
which
was
entred
into
the
roll
of
the
Coroner
,
The
first
Coroner
.
it
shall
be
void
.
Fitz.
Cor.
107.
And
the
Record
of
the
first
Coroner
,
viz.
the
Record
of
him
which
first
sitteth
vpon
the
view
of
the
bodie
,
shall
be
preferred
before
the
Record
of
the
second
Coroner
,
who
doth
after
sit
and
inquire
of
him
.
If
a
man
become
an
Approuer
Approuer
.
before
the
Coroner
,
Fitz.
Cor.
118.
and
doth
appeale
others
,
he
shall
dot
be
receiued
to
say
after
,
That
he
did
it
by
dures
Dures
.
of
imprisonment
,
but
shall
bée
estopped
thereof
by
the
Coroners
Record
.
And
in
like
sort
,
if
one
hath
abiured
the
Realme
before
the
Coroner
,
Abiuring
before
the
Coroner
.
12.
As
.
p.
29.
Fi.
Cor.
124
and
after
doth
returne
,
and
is
arraigned
,
and
doth
plead
,
that
he
is
not
the
same
person
:
if
in
this
case
the
Coroner
doth
record
him
to
be
the
same
person
,
he
shal
be
condemned
.
And
the
same
law
is
,
if
a
man
be
arraigned
of
breaking
of
prison
,
Confession
of
breaking
of
prison
.
25.
E.
3.
42.
Fitz.
Cor.
243.
435.
he
shall
be
estopped
,
to
plead
not
guiltie
thereunto
,
if
the
Coroner
doth
record
,
that
he
did
at
another
time
confesse
it
before
him
.
And
if
an
Approuer
Approuer
.
to
prolong
his
life
,
doe
appeale
others
,
where
there
be
none
such
,
and
that
bee
testified
by
the
Coroner
,
the
Approuer
shall
be
hanged
,
25.
Ed.
3.
24.
without
further
enquirie
of
the
approuement
.
Who
ought
to
appeare
vpon
the
Coroners
inquisition
.
12
By
the
Statute
of
Marlbridge
made
Anno
52.
H.
3.
St.
52.
H.
3.
24.
it
was
ordayned
,
That
vpon
an
inquisition
to
be
taken
by
a
Coroner
of
the
death
of
a
man
,
euerie
one
of
the
age
of
twelue
yeares
ought
to
appeare
,
except
they
haue
a
reasonable
excuse
of
their
absence
.
The
Coroner
may
take
appeals
.
13
And
though
the
foresayd
Statute
of
Officium
Coronatoris
doe
make
mention
but
of
certaine
Appeales
,
as
●n
Appeale
of
Rape
,
Mayhem
,
&c.
yet
the
Coroner
with
the
Sherife
hath
authoritie
to
take
Appeales
of
Robberie
and
other
Felonies
,
and
also
to
take
the
Appeale
of
an
Approuer
,
in
this
sort
and
manner
following
,
viz.
he
may
take
an
Appeale
of
Robberie
,
or
other
felonie
committed
in
the
same
countie
where
he
is
Coroner
,
and
not
elsewhere
.
But
he
may
take
the
Appeale
of
an
Approuer
,
of
an
offence
committed
in
any
countie
of
England
:
and
the
reason
of
this
difference
is
,
because
by
the
approuement
the
Approuer
is
attainted
of
Felonie
,
but
so
is
not
the
offendor
in
the
other
case
,
and
therefore
if
in
the
former
case
he
should
receiue
such
an
Appeale
of
Robberie
,
Fitz.
Cor.
437.
or
other
Felonie
,
it
could
not
be
tryed
by
a
Iury
of
the
countie
where
he
is
Coroner
,
for
that
the
felonie
was
committed
in
a
forrein
countie
.
And
yet
in
the
foresaid
case
of
approuement
in
another
countie
,
the
Coroner
cannot
award
Proces
thereupon
,
but
he
must
enter
it
into
his
roll
,
and
send
it
to
the
Iustices
of
Gaole
deliuerie
,
Fitz.
Cor.
462.
who
shall
award
Proces
vnto
the
Sherife
of
that
forreine
countie
,
to
apprehend
him
which
is
so
appealed
.
And
as
the
Coroner
may
take
the
Appeale
of
an
Approuer
in
another
countie
,
so
vpon
the
same
reason
he
may
take
the
abiuration
of
one
which
hath
confessed
a
felonie
committed
by
him
in
another
countie
.
Fitz.
Cor.
416.
14
If
the
Coroner
shall
find
any
person
drowned
in
a
daungerous
pond
or
pit
,
he
must
commaund
the
towne
where
the
same
pond
or
pit
is
,
to
stop
it
vp
,
Stopping
vp
a
place
of
danger
.
and
enter
the
same
his
commandement
into
his
Roll
:
And
if
after
it
bée
found
before
the
Iustices
in
Eire
,
that
the
same
pond
,
or
&c.
is
not
stopped
vp
,
the
whole
towne
where
it
is
shal
be
amerced
.
15
Though
there
be
diuers
Coroners
in
a
Countie
,
Where
the
presence
of
all
the
Coroners
is
requisit
,
and
where
but
of
some
one
of
them
.
yet
it
is
not
requisit
to
haue
more
than
one
to
enquire
vpon
the
sight
of
a
dead
bodie
.
And
in
like
sort
one
is
sufficient
to
giue
iudgement
vpon
an
Outlawrie
,
14.
H.
4.
35
39.
H.
6.
41.
and
in
Redisseisin
it
is
sufficient
to
haue
two
Coroners
.
But
where
Proces
is
to
bee
awarded
to
the
Coroners
,
in
default
of
the
Sherife
,
there
all
the
Coroners
within
the
Countie
ought
to
serue
,
or
otherwise
it
is
not
good
:
for
they
execute
that
office
as
ministers
,
and
not
as
Iudges
,
as
they
doe
in
other
cases
.
And
by
the
statute
of
Anno
23.
H.
6.
St.
23.
H.
6.
11.
euery
of
the
Coroners
shall
bée
present
in
his
proper
person
at
the
assessing
of
the
wages
of
the
Knights
of
the
same
Shire
for
the
Parliament
,
with
the
Sherife
,
Vndersherife
,
Baylifes
,
and
others
that
will
be
present
to
assesse
the
wages
of
the
sayd
Knights
,
after
the
deliuerance
of
the
Kings
writ
De
solutione
feodi
Militum
Parliamenti
,
and
proclamation
thereof
made
,
vpon
paine
of
forfeiture
of
euery
of
them
making
default
,
xl
.
s.
to
the
King
.
St.
1.
&
2.
P.
&
M.
13.
16
By
the
Statute
made
Anno
1.
&
2.
P.
&
M.
it
is
ordained
,
The
Coroner
must
record
the
euidence
,
and
bind
the
parties
to
giue
it
.
That
euery
Coroner
vpon
any
inquisition
before
him
found
,
whereby
any
person
shall
bée
indicted
for
murder
or
manslaughter
,
or
as
accessory
to
the
same
before
the
murder
or
manslaughter
committed
,
shall
put
in
writing
the
effect
of
the
euidence
giuen
to
the
Iurie
before
him
,
being
materiall
.
And
he
hath
authoritie
to
bind
all
such
by
Recognisance
,
or
Obligation
,
as
doe
declare
any
thing
materiall
to
prooue
the
sayd
murder
or
manslaughter
,
or
to
be
accessorie
to
the
same
,
to
appeare
at
the
next
generall
gaole
deliuerie
to
be
holden
within
the
countie
,
citie
,
or
towne
corporat
,
where
the
tryall
thereof
shall
be
,
then
and
there
to
giue
euidence
against
the
partie
so
indicted
,
at
the
time
of
his
tryall
,
and
shall
certifie
as
well
the
same
euidence
,
as
such
bond
in
writing
which
he
shall
take
,
together
with
the
Inquisition
or
Indictment
before
him
taken
and
found
,
at
,
or
before
his
sayd
tryall
to
be
made
.
And
if
any
Coroner
shall
offend
in
any
thing
to
the
contrarie
,
then
the
Iustices
of
gaole
deliuerie
for
the
Shire
,
Citie
,
Towne
,
or
place
where
such
offence
shal
be
committed
,
vpon
due
proofe
thereof
by
examination
before
them
,
shall
for
euerie
such
offence
,
set
such
fine
on
such
Coroner
,
as
they
shall
thinke
méet
.
Inquirie
of
a
man
slaine
within
the
K.
house
&
verge
.
17
Forasmuch
as
heretofore
many
felonies
that
haue
béene
committed
within
the
Verge
,
haue
béene
vnpunished
,
because
the
Coroners
of
the
county
haue
not
béene
authorized
to
inquire
of
felonies
done
within
the
Verge
,
but
onely
the
Coroner
of
the
Kings
house
,
which
neuer
continueth
in
one
place
,
by
reason
whereof
there
can
be
no
triall
made
in
due
manner
,
nor
the
selons
put
in
Exigent
,
nor
outlawed
,
nor
nothing
presented
in
the
Eire
,
which
hath
beene
great
damage
to
the
King
,
and
to
the
hindrance
of
his
peace
:
For
the
redresse
whereof
by
a
Statute
made
Anno
28.
Ed.
1.
St.
28.
E.
1.
3
intituled
Articuli
super
chartas
,
it
was
ordained
,
That
if
the
death
of
a
man
(
where
the
Coroners
Office
is
to
make
view
and
Enquest
)
doth
chaunce
in
any
countie
where
the
Kings
house
is
,
and
within
the
Verge
,
the
Coroner
of
the
same
countie
shal
be
commanded
with
the
Coroner
of
the
Kings
house
,
to
execute
his
office
,
and
to
inroll
it
.
And
that
thing
which
cannot
be
determined
before
the
Steward
,
shall
bee
committed
to
the
common
law
,
so
that
Exigents
,
Outlawries
,
and
Presentments
,
shal
be
thereupon
made
to
the
Iustices
in
their
circuits
,
by
the
Coroner
of
the
countie
,
as
well
as
of
other
felonies
done
out
of
the
Verge
:
Neuerthelesse
they
shal
not
omit
by
reason
hereof
,
to
make
attachments
freshly
vpon
the
felonies
done
.
Which
foresaid
statute
,
for
so
much
thereof
as
doth
touch
or
concerne
the
K.
house
onely
,
is
in
part
altered
by
the
statute
of
Anno
33.
H.
8.
St.
33.
H.
8.
12.
whereby
it
is
ordayned
,
Inquirie
if
a
man
be
slaine
within
the
K.
house
&
verge
.
That
all
Inquisitions
vpon
the
view
of
persons
slaine
within
any
of
the
Kings
Palaces
or
houses
,
or
any
other
house
,
at
such
time
as
he
shall
bee
abiding
in
his
royall
person
,
viz.
(
within
Edifices
,
Courts
,
places
,
gardens
,
orchards
,
or
houses
within
the
Porters
ward
of
any
of
the
house
or
houses
aboue
rehearsed
,
or
within
any
gardens
,
priuie
walkes
,
orchards
,
tylt-yards
,
wood-yards
,
tenice
playes
,
cocke
fights
,
bowling
allyes
,
neere
adioyning
to
any
of
the
houses
aboue
rehearsed
,
and
being
part
of
the
same
,
or
within
two
hundred
foot
of
the
standard
,
of
any
outward
gate
or
gates
of
any
of
the
houses
aboue
rehearsed
,
commonly
vsed
for
passage
out
or
from
any
of
the
house
or
houses
aboue
specified
)
shal
be
taken
by
the
Coroner
of
the
houshold
of
the
King
or
his
heires
,
without
adioyning
of
any
other
Coroner
of
any
Shire
,
by
the
othes
of
twelue
or
more
of
the
Yeomen
officers
of
the
Kings
&c.
houshold
,
returned
by
the
two
Clerkes
Comptrollers
,
the
Clerkes
of
the
Checke
,
Clerks
Marshall
,
or
one
of
them
for
the
time
being
,
of
the
foresayd
houshold
,
to
whom
the
sayd
Coroner
shall
direct
his
Precept
(
which
Coroner
&c.
shall
be
assigned
by
the
L.
Steward
for
the
time
being
.
)
And
the
said
Coroner
shall
from
time
to
time
for
euer
without
delay
,
certifie
vnder
his
Scale
,
and
the
Seals
of
such
persons
as
shal
be
so
sworne
before
him
,
all
such
Inquisitions
,
Indictments
,
and
Offices
,
vpon
the
view
of
all
dead
bodies
which
shall
bee
slaine
within
any
of
the
K.
Palaces
or
houses
,
or
other
house
aforesaid
,
before
the
sayd
L.
Steward
,
and
in
his
absence
before
the
Treasurer
,
Comptroller
,
and
Steward
of
the
Marshalsey
,
or
before
two
of
them
,
whereof
the
said
Steward
of
the
Marshalsey
to
be
one
.
And
such
Inquisitions
and
Offices
so
certified
,
shal
be
taken
as
good
to
all
intents
,
as
any
Inquisition
taken
vpon
the
view
of
the
bodie
of
any
person
being
dead
,
by
any
Coroner
of
any
countie
of
this
Realme
,
hath
béene
,
or
shal
be
adiudged
.
St.
28.
E.
1.
3
18
Whereas
the
foresaid
stat.
of
28.
E.
1.
hath
ordained
,
One
man
Coroner
of
the
K.
house
,
and
of
the
county
.
That
if
the
death
of
a
man
doth
chance
in
any
county
where
the
K.
house
is
,
and
within
the
Verge
,
the
Coroner
of
the
same
countie
shal
be
commanded
with
the
Coroner
of
the
K.
house
to
execute
his
office
,
and
to
inroll
it
.
But
if
a
murder
or
manslaughter
be
found
within
the
countie
of
M.
within
the
Verge
,
by
an
Inquisition
taken
before
one
which
is
then
both
one
of
the
Coroners
of
the
county
of
M.
and
also
Coroner
of
the
K.
house
,
Co.
li.
4.
46.
and
then
&
there
one
is
indicted
of
the
same
murder
or
manslaughter
,
this
is
a
good
indictment
:
for
the
intent
and
meaning
of
the
said
stat.
of
28.
Ed.
1.
is
performed
,
though
not
by
two
persons
,
yet
by
one
man
hauing
two
offices
,
and
also
the
mischiefe
recited
in
the
said
Act
,
is
auoyded
:
for
though
the
Court
doth
remoue
,
yet
the
Coroner
of
the
county
may
procéed
.
❧
Who
shall
be
Iudge
of
Treason
and
Felonie
.
1HAuing
written
at
large
of
Treasons
and
Felonies
,
and
shewed
what
sorts
,
and
how
many
of
either
of
them
there
be
,
and
which
of
those
were
deliuered
vs
by
the
common
law
,
and
which
ordained
by
statute
:
And
declared
who
be
principals
,
and
who
be
accessories
in
the
said
crimes
:
how
the
offendors
therein
,
vpon
a
pricke
and
guilt
of
conscience
,
doe
ofttimes
breake
prison
and
indeuor
to
escape
,
and
how
by
Huy
and
cry
,
and
other
means
they
be
apprehended
,
and
brought
to
be
tryed
by
the
iustice
of
the
law
:
how
they
be
accused
by
Appeals
or
Indictments
,
in
what
sort
they
shal
be
restained
and
kept
sub
custodia
legis
,
in
prison
,
or
by
mainprise
,
or
bail
,
vntil
they
haue
answered
their
said
offences
:
And
also
hauing
expressed
what
pleas
the
partie
accused
hath
to
plead
for
himselfe
,
or
other
helps
to
defend
himselfe
,
by
whom
and
what
means
those
pleas
shal
be
examined
,
and
what
fauours
bee
affoorded
him
in
the
tryall
therof
:
and
what
iudgement
,
execution
,
&
forfeitures
the
law
doth
inflict
vpon
those
that
in
contempt
of
her
do
commit
the
said
capitall
and
most
grieuous
offence
:
And
further
,
hauing
dilated
how
a
true
man
being
vpon
malice
,
and
falsly
charged
with
felony
by
an
Appeale
,
or
Indictment
,
shall
,
in
some
satisfaction
of
his
discredit
and
losses
,
recouer
damages
against
the
appellant
,
his
abettors
,
or
the
conspirators
:
And
hauing
laid
open
the
authority
&
duty
of
the
Coroner
,
who
is
a
most
antient
officer
of
trust
in
this
Realm
,
&
a
speciall
preseruer
of
the
peace
of
the
King
and
the
kingdome
,
I
am
now
lastly
to
write
who
shall
bee
Iudge
in
the
foresaid
Treasons
and
Felonies
,
and
shal
inflict
punishment
vpon
euerie
transgressor
of
the
said
lawes
according
to
his
desert
.
Wherein
is
to
be
considered
,
that
the
dead
letter
of
the
common
or
statute
law
,
cannot
be
that
Iudge
,
to
inquire
of
felons
,
examine
them
,
commit
them
to
prison
,
indict
them
,
arraigne
them
,
allow
them
their
lawfull
triall
,
examine
their
causes
,
and
yéeld
them
iustice
according
to
their
seueral
demerits
by
acquital
,
or
condemnation
:
but
it
must
be
Lex
loquens
,
viz.
That
Iudge
must
be
a
man
of
learning
and
vprightnesse
,
which
by
his
mouth
will
speake
and
attribute
to
euery
person
,
that
which
the
wisdome
and
integritie
of
his
heart
doth
conceiue
to
be
iust
,
lawfull
,
and
due
vnto
them
.
And
though
that
Iudge
ought
so
to
be
countenanced
and
protected
by
the
regall
authoritie
,
that
he
shall
not
néed
to
feare
the
face
of
any
man
for
doing
of
iustice
,
and
shall
be
enabled
to
crush
and
suppresse
all
offences
within
his
iurisdiction
;
yet
the
king
himselfe
cannot
be
that
Iudge
,
The
K.
cannot
be
Iudge
in
Treason
or
Felonie
.
nor
sit
in
iudgement
in
causes
of
treason
or
felonie
,
because
he
is
one
of
the
parties
to
the
iudgement
:
for
al
treasons
&
felonies
be
done
,
&
be
supposed
to
be
done
contrary
to
the
peace
,
crowne
,
&
dignitie
of
the
K.
And
further
,
the
escheates
and
other
forf.
of
lands
,
leafes
,
goods
,
and
cattels
,
which
do
come
by
the
attainder
of
any
person
of
treason
or
felonie
,
do
for
the
most
part
by
the
law
accrue
to
the
king
:
And
so
if
the
King
might
be
Iudge
,
hee
should
bee
Iudge
in
his
owne
cause
,
which
Ius
gentium
doth
not
permit
.
But
the
King
by
his
Commission
may
commit
that
authoritie
to
others
,
who
may
iudge
betwéene
him
and
the
supposed
offendor
.
What
sort
of
men
ought
to
be
Iudges
.
And
the
King
ought
to
make
choyce
of
such
a
man
to
be
Iudge
as
is
wise
,
and
doth
feare
God
,
who
hath
truth
in
his
mouth
,
and
no
couetousnesse
in
his
heart
,
who
will
neither
decline
from
the
troden
path
of
iustice
,
to
the
right
hand
nor
to
the
left
,
for
the
hope
of
prosperity
,
or
feare
of
aduersitie
,
nor
will
draw
the
Kings
sword
to
reuenge
his
owne
wrongs
;
who
will
denie
iustice
to
none
,
neither
himselfe
will
expect
or
take
reward
of
any
;
who
will
fréely
licence
all
persons
to
prosecute
their
right
,
giue
full
eare
to
the
widowes
complaint
,
further
the
cause
of
the
orphan
and
fatherlesse
,
and
suffer
none
that
hée
can
helpe
to
receiue
wrong
;
who
will
not
feare
the
countenance
of
the
mightie
,
nor
disdaine
the
basenesse
of
the
poore
,
whom
neither
hatred
,
fauor
,
or
priuat
affection
will
moue
,
but
without
respect
of
persons
will
yéeld
to
each
wight
,
that
which
his
cause
requireth
;
who
will
remember
,
and
neuer
forget
,
that
God
hath
endowed
him
with
knowledge
and
vnderstanding
,
Ecclesiast.
17
that
he
hath
made
a
couenant
with
him
,
to
shew
him
what
true
iustice
and
iudgement
is
,
that
all
his
actions
bée
continually
in
Gods
sight
,
and
that
euerie
moment
from
heauen
the
King
of
Kings
doth
behold
them
:
And
finally
,
who
duely
respecting
both
the
commissions
which
he
hath
receiued
from
God
and
his
prince
,
will
so
indifferently
temper
iustice
with
mercie
towards
the
poore
prisoner
standing
trembling
before
him
at
the
barre
,
as
he
will
hope
for
mercie
when
himselfe
shall
make
his
last
and
great
account
before
the
God
of
iustice
and
mercie
.
2
Whereas
diuers
antient
Prerogatiues
and
Authorities
of
iustice
,
appertaining
to
the
Crown
of
this
Realm
,
were
seuered
and
taken
from
the
same
by
sundrie
gifts
of
the
Kings
Progenitors
,
Kings
of
this
Realme
,
to
the
great
diminution
of
the
royall
estate
of
the
same
,
and
to
the
hindrance
and
delay
of
iustice
:
St.
27.
H.
8.
25.
for
the
reformation
whereof
,
by
a
Statute
made
Anno
27.
H.
8.
it
was
enected
,
That
no
person
or
persons
,
of
what
estate
,
condition
,
None
shall
make
Iustices
but
the
King
.
or
degree
soeuer
they
bée
,
shall
haue
any
power
or
authoritie
to
make
any
Iustices
of
Eyre
,
Iustices
of
Assise
,
Iustices
of
Peace
,
or
Iustices
of
Gaole
deliuerie
,
but
that
all
such
Officers
and
Ministers
,
shall
bée
made
by
Letters
Patents
,
vnder
the
Kings
great
Seale
,
in
the
name
,
and
by
authoritie
of
the
King
and
his
heires
,
Kings
of
this
Realme
,
in
all
Shires
,
Counties
,
Counties
Palantine
,
and
other
places
of
this
Realme
,
Wales
,
and
the
Marches
of
the
same
,
or
in
any
other
his
Dominions
,
at
their
pleasure
and
wills
,
in
such
maner
and
forme
,
as
Iustices
in
Eyre
,
&c.
bée
commonly
made
in
euerie
Shire
of
this
Realme
:
Any
graunts
,
vsages
,
Acts
of
Parliament
,
or
other
thing
notwithstanding
.
The
Iudge
vpon
the
arraignment
of
a
Péer●e
of
the
Realme
.
3
When
a
Péere
of
the
Realme
,
and
Lord
of
the
Parliament
,
1.
H.
4.
1●
13.
H.
8.
13.
10.
Ed.
4.
6.
is
to
be
arraigned
vpon
any
Treason
or
Felonie
,
whereof
he
is
indicted
,
and
whereunto
he
hath
pleaded
not
guiltie
,
the
King
by
his
letters
patents
shall
assigne
some
noble
and
sage
Lord
of
the
Parliament
,
to
bee
high
Steward
of
England
for
the
day
of
his
arraignement
,
who
before
the
same
day
shall
make
a
Precept
to
his
Serieant
at
Armes
,
that
is
appointed
to
serue
him
during
the
time
of
his
Commission
,
to
warne
to
appeare
before
him
xviij
.
or
xx
.
Lords
of
the
Parliament
,
vpon
the
same
day
.
&c.
S.
Triall
2.
4
Where
Treasons
,
Misprisions
of
Treasons
,
Murders
,
Manslaughters
,
and
other
malicious
strikings
,
by
reason
whereof
blood
hath
béen
shed
,
against
the
K.
peace
,
were
often
committed
within
the
limits
of
the
Kings
palace
,
or
house
,
or
other
houses
where
his
Maiestie
was
abiding
in
his
royall
person
:
which
offences
when
they
be
done
,
be
best
knowne
by
his
Highnesse
Officers
of
his
houshold
,
and
by
his
seruants
of
his
Checke
roll
:
And
if
his
Maiesty
shall
happen
to
remoue
from
such
his
palace
,
or
house
,
or
other
house
where
such
offences
were
done
,
before
the
tryall
and
determination
thereof
,
then
such
offences
might
not
lawfully
be
tryed
,
heard
,
and
determined
by
and
before
the
sayd
Officers
,
but
bée
remitted
to
bée
tryed
and
determined
by
the
order
of
the
Common
law
,
by
reason
whereof
the
punishment
of
the
sayd
offendors
,
in
such
cases
,
hath
beene
long
time
delayed
,
and
sometime
their
offences
forgotten
,
and
not
remembred
,
and
so
they
escaped
vnpunished
:
For
the
redresse
whereof
,
by
a
Statute
made
Anno
33.
H.
8.
it
was
enacted
,
St.
33.
H.
8.
12.
That
all
Treasons
,
Misprisions
of
Treasons
,
Murders
,
Manslaughters
,
Bloudsheds
,
and
other
malitious
strikings
,
by
reason
whereof
bloud
shall
be
shed
,
against
the
Kings
peace
,
which
shall
bée
done
within
any
the
Palaces
or
houses
of
the
King
or
his
heires
,
or
within
any
other
house
or
houses
,
at
such
time
as
his
Maiestie
shall
bée
then
abiding
in
his
royall
person
,
shall
bee
inquired
of
,
tryed
,
heard
,
and
determined
within
any
of
the
Kings
houses
,
or
other
house
where
his
Maiestie
shall
bée
abiding
,
Iudge
of
treasons
and
felonies
committed
in
the
K.
house
.
before
the
Lord
Steward
of
the
Kings
houshold
,
and
in
his
absence
,
before
the
Treasorer
,
and
Comptroller
of
the
K.
houshold
,
and
Steward
of
the
Marshalsey
for
the
time
beeing
,
or
two
of
them
,
whereof
the
Steward
of
the
Marshalsey
to
bee
one
,
by
vertue
of
their
offices
,
without
any
Commission
,
or
other
authoritie
to
them
giuen
.
And
whether
the
King
shall
bée
remooued
from
the
house
where
such
offences
shall
bée
done
,
or
not
,
before
they
be
inquired
of
,
heard
,
and
determined
,
yet
such
offences
shall
be
inquired
of
,
tryed
,
heard
,
and
determined
before
the
Kings
Officers
of
his
houshold
before
named
,
or
two
of
them
,
by
the
Inquisition
and
verdict
of
his
houshold
seruants
in
his
Checke
roll
,
at
such
Palace
or
house
where
his
Maiestie
shall
bée
at
any
time
abiding
,
in
manner
and
forme
as
is
hereafter
expressed
.
The
two
Clerkes
Comptrollers
,
Clerkes
of
the
Checke
,
and
Clerkes
Marshals
for
the
time
being
,
of
the
K.
houshold
,
or
one
of
them
,
vpon
a
Precept
to
them
,
or
any
of
them
made
by
the
Lord
Steward
,
or
in
his
absence
,
by
the
said
Treasorer
and
Comptroller
of
the
Kings
houshold
,
and
the
said
Steward
of
the
Marshalsey
,
or
by
two
of
them
,
whereof
the
sayd
Steward
of
the
Marshalsey
to
be
one
,
shall
haue
power
to
summon
,
warne
,
and
returne
the
names
of
twentie
foure
persons
,
being
yeomen
officers
of
the
Kings
sayd
houshold
in
the
sayd
Checke
roll
,
to
inquire
of
such
Treasons
,
Misprisions
of
Treasons
,
Murders
,
Manslaughters
,
and
other
malitious
strikings
,
by
reason
whereof
bloud
shall
bée
shed
,
against
the
Kings
peace
,
before
the
sayd
Lord
Steward
,
and
in
his
absence
before
the
sayd
Treasorer
,
Comptroller
,
and
Steward
of
the
Marshalsey
,
or
before
two
of
them
at
the
least
,
whereof
the
Steward
to
bée
one
.
And
it
shall
bee
lawfull
to
the
sayde
Lord
Steward
,
and
in
his
absence
,
to
the
sayd
Treasorer
,
Comptroller
,
and
Steward
of
the
Marshalsey
aforesayd
,
or
two
of
them
,
whereof
the
sayd
Steward
to
bée
one
,
before
whom
such
Returnes
shall
bée
so
made
as
is
aforesayd
,
to
cause
such
number
of
the
sayd
foure
and
twentie
persons
so
returned
,
aboue
the
number
of
twelue
persons
,
as
to
him
or
them
shall
séeme
expedient
,
to
inquire
of
such
Treasons
,
Misprisions
of
Treasons
,
Murders
,
Manslaughters
,
or
other
malitious
strikings
,
by
reason
whereof
bloud
shal
bée
shed
,
against
the
Kings
peace
,
within
the
sayd
Palaces
,
or
other
the
sayd
houses
,
at
any
time
committed
.
And
if
any
person
or
persons
bée
indicted
by
the
sayd
Iurie
so
sworne
before
them
as
is
aforesaid
,
or
by
Inquisition
before
the
Coroner
of
the
sayd
houshold
,
and
certified
before
the
sayd
Lord
Steward
,
or
in
his
absence
before
the
sayd
Treasorer
,
Comptroller
,
and
Steward
of
the
Marshalsey
,
or
two
of
them
,
whereof
the
sayd
Steward
of
the
Marshalsey
to
bee
one
,
Then
immediatly
the
said
Lord
Steward
,
or
&c.
Treasorer
,
Comptroller
,
and
Steward
of
the
Marshalsey
,
or
two
of
them
,
whereof
&c.
before
whom
the
sayd
Presentment
,
Inquisition
,
or
Indictment
shall
bée
so
found
,
or
certified
by
the
sayd
Coroner
,
shall
arraigne
before
them
euerie
such
person
so
indicted
,
according
to
the
course
of
the
common
law
,
and
forthwith
after
issue
ioyned
betwéene
the
King
and
the
prisoner
so
arraigned
,
the
same
day
and
place
,
or
any
other
,
shall
make
another
Precept
to
the
sayd
Clerks
Comptrollers
,
Clerkes
of
the
Checke
,
and
Clerkes
Marshals
of
the
said
houshold
,
or
to
one
of
them
,
to
summon
and
returne
one
Iurie
of
foure
and
twenty
persons
,
to
appeare
before
the
sayd
Lord
Steward
,
or
&c.
Treasorer
,
Comptroller
,
and
Steward
of
the
Marshalsey
,
or
two
of
them
,
whereof
the
sayd
Steward
of
the
Marshalsey
to
be
one
,
at
such
day
,
time
,
and
place
,
and
vpon
such
paine
as
shal
be
then
limited
of
the
Serieants
and
Gentlemen
Officers
of
the
Kings
chamber
,
and
of
the
sayd
houshold
,
which
shall
take
wages
by
the
K.
Checke
roll
.
And
the
sayd
Steward
,
or
&c.
Treasorer
,
Comptroller
,
and
Steward
of
the
sayd
Marshalsey
,
or
two
of
them
,
whereof
the
sayd
Steward
to
be
one
,
before
whom
such
Iurie
shall
bée
so
returned
,
shall
cause
twelue
of
the
same
Iurie
to
bée
sworne
,
truely
to
try
between
the
King
and
such
person
,
as
shall
bée
so
indictected
and
arraigned
of
such
Treasons
,
Misprisions
of
treasons
,
Murders
,
Manslaughters
,
and
other
malitious
strikings
,
by
reason
whereof
bloud
shall
bee
shed
,
against
the
Kings
peace
,
or
any
of
them
.
And
if
any
such
person
or
persons
so
arraigned
be
found
guiltie
of
any
Treason
,
Misprision
of
Treason
,
Murders
,
or
Manslaughters
,
then
hee
shall
haue
iudgement
of
life
and
member
,
and
suffer
such
paines
of
death
,
and
shall
forfeit
all
their
mannors
,
lands
,
tenements
,
goods
,
and
cattels
,
in
like
manner
as
if
the
same
person
and
persons
had
beene
found
guiltie
of
any
of
the
sayd
offences
by
the
order
of
the
common
law
,
without
the
benefit
of
Clergie
,
or
Sanctuarie
.
Prouided
alwayes
,
that
the
tryall
of
Peeres
for
any
offence
before
mentioned
shal
be
as
it
hath
beene
vsed
in
times
past
.
St.
3.
H.
7.
14
5
By
the
stat.
made
Anno
3.
H.
7.
it
was
ordayned
,
That
the
Steward
,
Treasorer
,
Iudges
of
conspiracie
in
the
K.
house
.
and
Comptroller
of
the
Kings
house
for
the
time
beeing
,
or
one
of
them
,
shall
haue
authoritie
to
inquire
by
twelue
sad
men
,
and
discréet
persons
,
of
the
Checke
rol
of
the
Kings
houshould
,
if
any
seruant
admitted
to
be
his
seruant
sworne
,
and
his
name
put
in
the
Checke
roll
of
his
houshold
,
whatsoeuer
he
be
(
seruing
in
any
office
or
roome
reputed
and
taken
vnder
the
estate
of
a
Lord
)
make
any
confederacies
,
compassings
,
conspiracies
,
or
imaginations
,
with
any
person
or
persons
,
to
destroy
or
murder
the
K.
or
any
Lord
of
this
realm
,
or
any
other
person
sworne
to
the
kings
Counsel
,
Steward
,
Treasorer
,
or
Comptroller
of
the
Kings
house
:
And
if
it
be
found
before
the
said
Steward
for
the
time
being
,
by
the
said
xij
.
sad
men
,
that
any
such
of
the
K.
seruants
,
as
is
abouesaid
,
hath
confederat
,
compassed
,
conspired
,
or
imagined
,
as
is
abouesaid
,
hee
so
found
by
the
inquirie
,
shall
bee
put
thereupon
to
answer
.
And
the
Steward
,
Treasorer
,
and
Comptroller
,
or
two
of
them
,
haue
power
to
determine
the
same
matter
according
to
the
law
:
and
if
he
put
him
in
tryall
,
then
it
shall
bée
tryed
by
other
twelue
sad
men
of
the
said
houshold
.
And
if
such
misdoers
shall
be
found
guiltie
by
confession
,
or
otherwise
,
the
said
offence
shall
be
iudged
felonie
.
S.
Felonie
by
Stat.
1.
Iudges
within
the
Verge
.
6
The
Iustices
of
the
Kings
Bench
,
the
Iustices
of
Oyer
and
Terminer
,
Co.
li.
4.
47.
Iustices
of
Gaole
deliuerie
,
and
Iustices
of
Peace
,
haue
power
to
inquire
,
heare
,
and
determine
all
murders
and
felonies
within
the
Verge
,
for
that
their
authoritie
and
iurisdiction
is
generall
through
the
whole
countie
,
and
so
it
hath
beene
alwayes
vsed
.
7
The
Iustices
of
the
Kings
Bench
,
Iudges
of
the
K.
Bench.
without
hauing
Commission
,
may
hea●e
and
determine
all
maner
of
Treasons
and
Felonies
.
And
by
the
Stat.
of
Anno
35.
H.
8.
&
Anno
5.
Ed.
6.
it
is
enacted
,
St.
35.
H.
8.
2
St.
5.
E.
6.
11
That
all
manner
of
offences
being
alreadie
made
or
declared
,
or
hereafter
to
be
made
or
declared
,
by
any
laws
and
statutes
of
this
Realme
,
to
be
Treasons
,
Misprisions
of
Treasons
,
or
concealments
of
Treasons
,
&
done
,
perpetrated
,
or
committed
,
or
hereafter
to
bee
done
,
Iudges
of
Treasons
committed
beyond
the
Sea
perpetrated
,
or
committed
by
any
person
or
persons
,
out
of
this
Realme
of
England
,
shall
bee
inquired
of
,
heard
,
and
determined
before
the
Kings
Iustices
of
his
Bench
,
for
Pleas
to
be
holden
before
himselfe
,
Dy.
fol.
287
&
298.
by
good
and
lawfull
men
of
the
same
Shire
where
the
sayd
Bench
shall
sit
,
and
be
kept
,
or
else
before
such
Commissioners
,
and
in
such
Shire
of
this
Realme
,
as
shall
bée
assigned
by
the
Kings
Commission
,
and
by
good
and
lawful
men
of
the
same
Shire
,
in
like
manner
and
forme
to
all
intents
and
purposes
,
as
if
such
Treasons
,
Misprisions
of
Treasons
,
and
concealements
of
Treasons
,
had
béene
done
and
committed
within
the
same
Shire
where
they
shal
be
so
inquired
of
,
heard
,
and
determined
.
Prouided
alwayes
,
that
if
any
Peeres
of
this
Realme
shal
be
indicted
of
any
such
Treasons
,
or
other
offences
,
then
they
shall
haue
their
triall
by
their
Péeres
,
as
heretofore
hath
béene
accustomed
.
8
By
the
Stat.
intituled
De
finibus
,
St.
27.
E.
1.
2.
St.
4.
E.
3.
2
made
Anno
27.
Ed.
1.
and
also
by
the
stat.
of
Anno
4.
E.
3.
it
is
ordayned
,
That
good
and
discréet
persons
(
other
than
of
the
Benches
,
Iudges
of
gaole
deliuery
if
they
may
be
found
sufficient
)
shal
be
assigned
in
all
the
shires
of
England
,
to
take
Assises
,
Iuries
,
&
Certifications
,
and
to
deliuer
the
gaoles
.
And
the
Iustices
assigned
to
deliuer
the
gaoles
,
shall
haue
power
to
deliuer
the
same
gaoles
of
those
that
shal
be
indicted
before
the
gardeins
of
the
peace
.
And
the
said
gardeins
shall
send
their
indictments
before
the
Iustices
.
And
they
shall
haue
authoritie
to
inquire
of
Sherifes
,
Gaolers
,
and
others
,
in
whose
ward
such
indicted
persons
shal
be
,
if
they
make
deliuerance
,
or
let
to
mainprise
any
so
indicted
,
which
be
not
mainpernable
,
and
to
punish
the
said
Sherifes
,
Gaolers
,
St.
3.
H.
7.
1
and
others
offending
against
this
Act.
And
by
the
stat.
of
An.
3.
H.
7.
it
is
enacted
,
That
the
wife
or
heire
of
any
person
murdered
,
or
slaine
,
Iudges
in
appeale
of
murder
or
manslaughter
as
case
shall
require
,
may
commence
their
Appeale
in
proper
person
,
at
any
time
within
the
yere
after
the
felony
done
,
before
the
Sherife
&
Coroners
where
the
said
felonie
and
murder
was
done
,
or
before
the
King
in
his
Bench
,
or
Iustices
of
Gaole
deliuerie
.
9
To
the
intent
to
inable
the
Iust.
Iustices
of
Nisi
prius
Iudges
in
felonie
&
treason
of
Nisi
prius
to
giue
iudgement
of
such
persons
as
be
either
attainted
or
acquit
of
treason
or
felonie
,
by
a
stat.
made
an
.
14.
H.
6.
it
was
established
,
St.
14.
H.
6.
1
That
the
Iust
.
before
whom
Enquests
,
Inquisitions
,
and
Iuries
shal
be
taken
by
the
K.
writ
of
Nisi
prius
,
according
to
the
form
of
the
stat.
thereof
made
,
shall
haue
power
of
all
the
cases
of
felony
,
and
of
treason
,
to
giue
iudgement
.
Though
this
stat.
of
14.
H.
6.
doth
giue
authoritie
to
Iustices
of
Nisi
prius
to
giue
iudgement
as
wel
vpon
acquital
,
10.
Ed.
4.
14
as
vpon
attainder
of
treason
,
or
felonie
,
notwithstanding
if
in
an
Appeale
the
defendant
bée
acquit
before
them
,
they
cannot
award
damages
against
the
plaintife
,
Awarding
of
damages
,
and
inquiring
of
abettors
.
nor
inquire
of
abettors
:
for
their
power
by
this
stat.
extendeth
but
to
treason
and
felonie
onely
,
wherof
they
may
giue
iudgement
,
and
of
nothing
else
:
for
the
awarding
of
damages
,
and
inquiring
of
abettors
,
doth
yet
remaine
as
it
was
at
the
common
law
.
St.
33.
H.
8.
23.
10
By
the
stat.
of
Anno
33.
H.
8.
it
is
ordained
,
Iudges
of
murders
by
speciall
commission
.
That
if
any
person
or
persons
,
being
examined
before
the
K.
Counsell
,
or
thrée
of
them
,
vpon
any
maner
of
murders
,
do
confesse
any
such
offences
,
or
that
the
said
Counsell
,
or
thrée
of
them
,
vpon
such
examination
,
shall
thinke
any
person
so
examined
,
to
bée
vehemently
suspected
of
any
murder
,
then
in
euery
such
case
,
by
the
kings
commandement
,
the
K.
Commission
of
Oyer
and
Terminer
,
vnder
the
great
Seale
,
shal
be
made
to
such
persons
,
and
to
such
Shires
,
or
places
,
as
shal
be
appointed
by
his
Highnesse
,
for
the
spéedie
tryall
,
conuiction
,
or
deliuerance
of
such
offendors
:
which
Commissioners
shall
haue
authoritie
to
inquire
,
heare
,
and
determine
all
such
murders
within
the
Shire
,
and
places
limited
by
their
Commission
,
by
such
good
and
lawfull
persons
as
shall
bee
returned
before
them
by
the
Sherife
,
his
minister
,
or
other
hauing
power
to
returne
writs
&
proces
for
that
purpose
,
in
whatsoeuer
other
Shire
or
place
within
the
K.
dominions
,
or
without
,
such
offences
were
committed
.
But
Péers
of
the
realme
being
indicted
of
the
said
offence
,
shall
be
tried
by
their
Péeres
.
This
stat.
was
also
made
for
the
triall
of
treasons
,
and
misprision
of
treasons
,
by
speciall
commission
.
But
by
the
stat.
St.
1.
&
2.
P.
&
M.
10.
of
an
.
1.
&
2.
P.
&
M.
it
was
enacted
,
That
all
trials
to
bee
made
for
any
treasons
,
shal
be
only
vsed
according
to
the
course
of
the
common
law
.
11
Where
Traitors
,
Pirats
,
Théeues
,
Robbers
,
Murderers
,
and
confederators
vpon
the
Sea
,
many
times
escaped
vnpunished
,
because
the
tryall
of
their
offences
hath
heretofore
béene
ordered
,
iudged
,
and
determined
before
the
Admirall
,
or
his
Lieutenant
,
or
Commissarie
,
after
the
course
of
the
Ciuile
lawes
,
the
nature
whereof
is
,
that
before
any
iudgement
of
death
can
be
giuen
against
the
offendors
,
either
they
must
plainly
confesse
their
offences
(
which
they
will
neuer
doe
without
torture
or
paines
)
or
else
their
offences
must
be
so
plainely
and
directly
prooued
by
witnesses
indifferent
,
such
as
saw
their
offences
committed
,
which
cannot
bée
gotten
but
by
chaunce
at
few
times
,
because
such
offendors
commit
their
offences
vpon
the
Sea
,
and
many
times
murder
and
kill
such
persons
being
the
ship
or
boat
where
they
commit
their
offences
,
which
should
bée
witnesse
against
them
in
that
behalfe
:
and
also
such
as
should
beare
witnesse
,
bee
commonly
Mariners
,
and
shipmen
,
which
,
because
of
their
often
voyages
and
passages
vpon
the
Sea
,
depart
without
long
tarrying
and
protracting
of
time
,
to
the
great
costs
and
charges
as
well
of
the
King
,
as
such
as
would
pursue
such
offendors
:
For
reformation
whereof
,
by
a
Statute
made
Anno
28.
H.
8.
it
was
enacted
,
That
all
Treasons
,
St.
28.
H.
8.
15.
Felonies
,
Robberies
,
Murders
,
and
Confederacies
,
committed
in
,
or
vpon
the
Sea
,
or
in
any
other
Hauen
,
Riuer
,
Créeke
,
or
place
where
the
Admirall
or
Admirals
haue
,
or
pretend
to
haue
power
,
authoritie
,
or
iurisdiction
,
shall
bee
inquired
,
tryed
,
heard
,
determined
,
and
iudged
in
such
Shires
and
places
in
the
Realme
,
as
shall
bée
limited
by
the
Kings
Commission
or
Commissions
,
to
be
directed
for
the
same
,
in
like
forme
and
condition
,
as
if
any
such
offence
or
offences
had
beene
committed
or
done
in
and
vpon
the
land
:
And
such
Commissions
shall
bee
had
vnder
the
great
Seale
,
directed
to
the
Admirall
or
Admirals
,
Iudges
in
piracie
where
the
Admirall
hath
iurisdiction
.
or
to
his
or
their
Lieutenant
,
Deputie
and
Deputies
,
and
to
three
or
foure
other
such
substantiall
persons
as
shall
bee
named
or
appointed
by
the
Lord
Chauncellor
for
the
time
being
,
from
time
to
time
,
and
as
oft
as
néed
shall
require
,
to
heare
and
determine
such
offences
,
after
the
course
of
the
common
lawes
of
this
land
,
vsed
for
Treasons
,
Felonies
,
Robberies
,
Murders
,
and
Confederacies
of
the
same
,
done
and
committed
vpon
the
land
within
the
Realme
.
And
such
persons
to
whome
such
Commission
or
Commissions
shall
bee
directed
,
or
foure
of
them
at
the
least
,
shall
haue
authoritie
to
inquire
of
such
offences
,
and
euerie
of
them
,
by
the
othes
of
twelue
good
and
lawfull
inhabitants
of
the
Shire
limited
in
their
Commission
,
in
such
manner
and
forme
,
as
if
such
offences
had
beene
committed
vpon
the
land
within
the
same
Shire
.
And
euerie
Indictment
found
and
presented
before
such
Commissioners
,
of
any
Treasons
,
Felonies
,
Robberies
,
Murders
,
Manslaughters
,
or
such
other
offences
committed
or
done
in
or
vpon
the
Seas
,
or
in
,
or
vpon
any
Riuer
,
Hauen
,
or
Creeke
,
shall
be
good
and
effectual
in
the
law
.
And
if
any
person
or
persons
happen
to
be
indicted
for
any
such
offence
done
vpon
the
Seas
,
or
in
any
other
place
aboue
limited
,
then
such
order
,
Proces
,
Iudgement
,
and
execution
shal
be
vsed
,
had
,
done
,
and
made
,
to
,
and
against
euerie
such
person
and
persons
so
being
indicted
,
as
against
traitors
,
felons
,
and
murderers
,
for
treason
,
felonie
,
robberie
,
murder
,
or
other
such
offences
done
vpon
the
land
,
as
by
the
law
of
this
Realm
is
accustomed
.
And
the
trial
of
such
offence
or
offences
,
if
it
be
denied
by
the
offendor
or
offendors
,
shal
be
had
by
xij
.
lawfull
men
inhabited
in
the
Shire
limited
in
such
commission
,
which
shall
be
directed
as
is
aforesaid
,
No
challenge
for
the
hundred
and
no
challenge
to
be
had
for
the
Hundred
.
And
such
as
shal
be
conuict
of
any
such
offence
or
offences
,
by
verdict
,
confession
,
or
proces
by
authoritie
of
any
such
commission
,
shall
haue
and
suffer
such
pains
of
death
,
losses
of
lands
,
goods
,
and
cattels
,
as
if
they
had
béen
conuicted
of
any
treasons
,
felonies
,
robberies
,
or
other
the
said
offences
done
vpon
the
land
,
without
benefit
of
Clergie
,
or
Sanctuarie
.
Prouided
alwayes
,
that
this
Act
shall
not
extend
,
or
be
preiudiciall
to
any
person
or
persons
,
for
taking
of
any
victuals
,
Taking
things
vpon
necessitie
.
gables
,
ropes
,
anchors
,
or
sayles
,
which
any
such
person
or
persons
compelled
by
necessitie
,
taketh
of
,
or
in
any
ship
which
may
conueniently
spare
the
same
,
so
the
same
person
or
persons
pay
out
of
hand
for
the
same
victuall
,
gables
,
ropes
,
anchors
,
or
sayles
,
mony
,
or
mony
worth
,
to
the
value
of
the
thing
so
taken
,
or
doe
deliuer
for
the
same
a
sufficient
bill
obligatorie
,
to
bée
payd
in
forme
following
,
viz.
if
the
taking
of
the
same
things
bée
on
this
side
the
straits
of
Marrok
,
then
to
bée
payd
within
foure
monethes
:
and
it
beyond
the
said
Straits
,
then
to
be
paid
within
twelue
monethes
next
ensuing
the
making
of
the
sayd
bill
.
And
that
the
makers
of
the
sayd
bils
well
and
truely
pay
the
same
debt
,
at
the
day
to
be
limited
within
the
said
bills
.
Prouid●d
alwayes
,
Commissions
directed
into
the
fine
ports
.
that
whensoeuer
any
such
Commission
for
the
punishment
of
the
offences
aforesayd
,
or
of
any
of
them
,
shal
be
directed
or
sent
to
any
place
within
the
iurisdiction
of
the
fiue
Ports
,
that
then
euery
such
Commission
shall
bee
directed
vnto
the
Lord
Warden
of
the
sayd
Ports
for
the
time
being
,
or
to
his
deputie
,
and
vnto
thrée
or
foure
such
other
persons
as
the
Lord
Chauncellor
for
the
time
béeing
shall
appoint
.
And
that
when
any
Commission
shall
be
directed
vnto
the
fiue
Ports
,
for
the
inquisition
and
tryall
of
any
of
the
offences
expressed
in
this
Act
,
that
euerie
such
inquisition
and
tryall
to
be
had
by
vertue
of
such
Commission
,
shall
be
made
and
had
by
the
inhabitants
in
the
said
fiue
ports
,
or
the
members
therof
:
Any
thing
in
this
Act
to
the
contrarie
notwithstanding
.
So
much
of
this
stat.
as
concerneth
the
triall
of
treasons
,
is
altered
by
the
stat.
of
Anno
1.
&
2.
P.
&
M.
10.
and
the
same
made
triable
onely
by
the
course
of
the
common
law
.
St.
18.
E.
3.
2
12
The
Iustices
of
peace
of
euery
county
by
vertue
of
the
K.
commission
to
them
directed
,
and
by
force
of
the
stat.
of
Anno
18.
Ed.
3.
be
Iudges
in
felonie
,
Iust.
of
peace
Iudges
in
felonie
.
and
haue
authoritie
to
heare
and
determine
felonies
:
the
words
of
which
stat.
be
these
,
viz.
Two
or
thrée
of
the
most
worthy
men
of
counties
,
shal
be
assigned
kéepers
of
the
peace
by
the
K.
commission
:
and
at
what
time
need
shall
bée
,
the
same
,
with
otherwise
and
learned
in
the
law
,
shall
be
appointed
by
the
K.
commission
,
to
heare
and
determine
felonies
,
and
trespasses
done
against
the
peace
in
the
same
county
,
and
to
execute
punishment
reasonably
,
according
to
law
,
reason
,
and
the
maner
of
the
fact
.
And
the
words
of
the
kings
commission
which
doth
authorize
Iustices
of
peace
to
be
Iudges
of
Felonie
,
and
to
heare
and
determin
felonies
,
amongst
others
,
be
these
,
viz.
Iacobus
Dei
gratia
Angliae
,
The
words
of
the
commission
of
the
peace
.
Scotiae
,
Franciae
,
&
Hiberniae
Rex
,
fidei
defensor
&c.
Praedilectis
A.
B.
C.
D.
E.
H.
&c.
Salutem
.
Sciatis
quod
assignauimus
vos
,
&
quoslibet
duos
,
vel
plures
vestrum
(
Quorum
aliquem
vestrum
A.
B.
C.
D.
vnum
esse
volumus
)
Iustitiarios
nostros
,
ad
pacem
nostram
in
comitatu
nostro
Buckingham
conseruandam
,
&
ad
inquirendum
per
sacramentum
proborum
&
legalium
hominum
de
comitatu
praedicto
(
per
quos
rei
veritas
melius
sciri
poterit
)
de
omnibus
&
omnimodis
felonijs
,
transgressionibus
&c.
ac
de
omnibus
&
singulis
alijs
malefactis
&
offensis
de
quibus
Iustitiarij
nostri
pacis
legitimè
inquirere
possunt
aut
debent
per
quoscunque
aut
qualitercunque
in
Comitatu
praedicto
factis
siue
perpetratis
,
Vel
quae
in
posterum
ibidem
fieri
,
vel
attemptari
contigerit
,
&c.
Et
ad
omnia
&
singula
Felonias
&c.
indictamenta
praedicta
,
ceteraque
omnia
&
singula
praemissa
secundum
leges
&
statuta
Regni
nostri
Angliae
(
prout
in
huiusmodi
casu
fieri
consueuit
&
debuit
)
audiendum
&
terminandum
.
And
though
it
doth
plainely
appeare
by
the
words
of
the
foresayd
Commission
,
that
the
King
doth
giue
authoritie
to
Iustices
of
Peace
,
to
inquire
of
,
heare
,
and
determine
all
manner
of
Felonies
,
viz.
as
well
of
such
as
bée
made
Felonies
by
Statute
,
as
of
such
offences
as
were
Felonies
by
the
Common
law
:
yet
because
there
hath
béene
a
scruple
and
question
moued
by
some
,
that
the
foresaid
Statute
of
Anno
18.
Edw.
3.
did
meane
,
and
was
to
bee
expounded
to
giue
authoritie
to
Iustices
of
Peace
,
to
inquire
of
,
heare
,
and
determine
those
felonies
onely
which
were
at
the
time
of
the
making
of
that
Statute
,
felonies
,
viz.
That
were
felonies
by
the
Common
law
,
and
not
to
giue
them
authoritie
to
inquire
of
,
heare
,
and
determine
those
offences
as
felonies
,
which
were
made
felonies
by
seuerall
Statutes
ordained
sithence
that
time
,
and
that
the
Kings
Commission
authorised
by
that
Statute
,
did
giue
them
no
further
authoritie
than
that
Statute
meant
:
Therefore
not
to
adde
to
the
law
,
but
to
satisfie
euerie
reader
,
and
to
make
that
thing
more
plaine
and
perspicuous
to
all
men
,
which
to
some
did
séeme
doubtfull
,
the
makers
of
the
stat.
of
anno
8.
El.
3.
touching
the
transporting
of
shéepe
,
and
of
the
stat.
of
anno
25.
H.
8.
6.
ordained
against
buggery
,
and
of
the
stat.
of
anno
18.
H.
6.
19.
established
to
punish
Souldiers
that
depart
from
their
Captains
without
licence
,
and
of
the
stat.
of
an
.
39.
El.
4.
&
an
.
1.
Iac.
7.
touching
dangerous
and
incorrigible
rogues
,
and
of
the
stat.
prouided
an
.
39.
El.
17.
against
wandering
souldiers
and
mariners
,
and
of
the
stat.
of
an
.
22.
H.
8.
11.
established
against
the
cutting
downe
of
powdike
,
and
of
the
stat.
of
an
.
43.
El.
13.
enacted
against
the
carrying
away
of
any
persons
against
their
wils
out
of
Cumberland
,
Northumberland
,
Westmerland
,
or
the
Bishopricke
of
Durham
,
did
by
speciall
words
ordaine
,
that
the
I.
of
the
peace
of
the
counties
wherein
any
of
the
foresaid
seuerall
offences
were
committed
,
should
haue
authoritie
at
their
generall
Quarter
Sessions
,
to
inquire
of
,
heare
,
and
determine
the
said
offences
.
And
the
like
authoritie
was
giuen
by
the
said
seuerall
stat.
to
the
Iust.
of
Assise
,
and
Iust.
of
Gaole
deliuerie
,
to
inquire
of
,
heare
,
and
determine
the
said
offences
in
the
counties
where
the
same
were
committed
within
their
seuerall
commissions
.
And
by
the
stat.
of
an
.
1.
E.
4.
it
wa●
ordained
,
That
the
I.
of
peace
of
euery
county
,
St.
1.
E.
4.
2
shal
haue
authoritie
and
power
to
arraigne
and
deliuer
all
person
and
persons
indicted
or
presented
befor
the
Sherifes
,
Vndersherifes
,
their
Clerks
,
Bailifs
,
or
Ministers
,
or
any
of
them
,
in
their
Turnes
or
Lawdayes
.
And
as
of
other
felonies
,
3.
H.
7.
5.
5.
E.
6.
D.
69
9.
H.
4.
1.
so
I.
of
peace
may
inquire
of
murder
,
Murder
.
because
wilfull
murder
is
felony
.
But
Iust.
of
peace
cannot
inquire
of
treason
,
Treason
.
for
neither
the
before
mentioned
stat.
of
18.
E.
3.
nor
the
words
of
their
commission
,
do
authorise
them
so
to
do
.
The
Lord
of
a
Mannor
Iudge
in
felonie
.
13
There
be
some
that
haue
libertie
of
Soc
and
Sac
,
Tol
and
Them
,
Bracton
de
Corona
,
cap.
35.
2.
R.
3.
10.
Infangthéefe
and
Outfangthéefe
:
these
in
their
own
courts
may
giue
iudgement
of
him
who
is
found
within
their
liberty
possessed
of
any
manifest
theft
,
as
if
he
be
hand
hauing
,
and
back
bearing
,
and
that
Sathaber
(
viz.
he
whose
the
goods
be
)
do
pursue
him
:
Kel
.
fol.
150
for
vnlesse
he
be
in
possession
of
the
goods
(
though
another
doth
pursue
him
as
a
théefe
)
yet
that
Court
,
Hundred
,
or
Wapentake
,
cannot
hold
plea
of
such
a
theft
,
nor
make
inquirie
by
the
Countrey
,
whether
such
a
man
which
was
not
possessed
of
the
goods
,
bee
culpable
,
or
not
.
Neither
shall
any
wage
battell
without
possession
.
It
is
called
Infangtheefe
,
Infangthéefe
.
where
a
Theefe
is
taken
possessed
of
goods
stolne
within
any
such
Manor
or
Libertie
,
who
is
commorant
and
dwelling
within
the
same
libertie
,
and
one
of
the
said
Lords
owne
people
.
Outfangthéefe
,
Outfangthéef
.
is
a
théefe
that
is
a
stranger
,
comming
from
some
other
place
into
the
Mannor
of
the
Lord
who
hath
such
a
libertie
,
and
is
there
taken
with
the
manoure
.
And
yet
he
that
hath
such
a
libertie
,
cannot
fetch
one
of
his
owne
people
who
hath
committed
larcenie
out
of
his
libertie
,
and
bring
him
into
his
libertie
,
and
iudge
him
there
according
to
his
libertie
;
for
euery
person
must
receiue
the
punishment
of
the
law
where
he
hath
offended
the
law
:
But
he
may
giue
iudgement
as
well
against
his
own
people
,
as
against
strangers
committing
larcenie
,
that
be
taken
within
his
libertie
.
46.
Ed.
3.
15
14.
H.
4.
15
And
in
this
libertie
of
Infangthéefe
and
Outfangthéefe
,
and
in
waife
and
stray
,
and
wreck
of
the
sea
,
a
man
may
prescribe
,
but
so
he
cannot
do
in
goods
of
felons
and
fugitiues
,
for
they
do
belong
to
the
Crowne
,
and
cannot
passe
without
the
Kings
graunt
.
Fitz.
Prescription
65
14
The
custome
of
some
countrey
is
such
,
A
felon
first
executed
,
and
then
iudged
.
that
if
one
hath
committed
burglarie
,
or
other
felonie
,
and
he
be
pursued
by
huy
and
cry
from
towne
to
town
,
and
so
taken
flying
,
he
must
be
beheaded
in
the
presence
of
the
inhabitants
of
foure
townes
,
and
so
by
the
vsage
of
that
countrey
he
is
accounted
a
felon
:
And
this
must
be
recorded
in
the
Coroners
roll
,
and
after
the
Coroner
must
present
it
before
the
Iustices
,
and
they
will
adiudge
him
a
felon
.
And
so
he
must
be
first
put
to
death
,
and
after
iudged
a
felon
.
FINIS
.
❧
The
generall
Titles
of
this
Booke
.
-
1MEnace
,
Assault
,
Batterie
,
Jmprisonment
,
Maiheming
.
-
2
Riots
,
Routs
,
vnlawfull
and
rebellious
Assemblies
.
-
3
Force
,
and
Forcible
Entries
,
and
Forcible
detaining
of
possessions
.
-
4
Forgerie
.
-
5
Periurie
,
and
Subornation
of
Witnesse
.
-
6
Maintenance
,
Champertie
,
Embracerie
.
-
7
Deceit
,
Couin
,
Collusion
,
Fraud
.
-
8
Extortion
,
Exaction
.
-
9
Oppression
.
-
10
Treasons
.
-
11
Homicides
.
-
12
Felonies
by
the
common
Law
.
-
13
Felonies
by
Statute
.
-
14
Principall
and
Accessorie
.
-
15
Breaking
of
Prison
,
and
Rescous
.
-
16
Escapes
of
Felons
.
-
17
Pursute
by
Huy
and
Cry
.
-
18
Appeales
of
Felony
.
-
19
Jndictments
.
-
20
Mainprise
and
Bayle
.
-
21
Confession
of
the
offence
.
-
22
Approuer
.
-
23
Sanctuarie
and
Abiuration
.
-
24
Pleading
not
guilty
.
-
25
Triall
of
the
plea
of
not
guilty
by
Battell
.
-
26
Triall
by
Peeres
.
-
27
Triall
by
the
Countrey
.
-
28
Challenges
.
-
29
Euidence
.
-
30
The
Verdict
.
-
31
Clergie
.
-
32
The
Kings
Pardon
.
-
33
Standing
mute
,
or
answering
indirectly
.
-
34
Judgement
and
Execution
.
-
35
Forfeitures
for
Treason
or
Felony
.
-
36
Corruption
of
Blood
.
-
37
Restitution
of
stolne
goods
.
-
38
Dammages
in
an
Appeale
.
-
39
A
Writ
of
Conspiracie
.
-
40
The
Coroner
and
his
authority
and
dutie
in
Felonies
.
-
41
Who
shall
be
Judge
in
Treason
and
Felonie
.
❧
A
briefe
effect
of
euery
Braunch
or
Chapter
in
this
Treatise
.
Menace
,
Assault
,
Batterie
,
Imprisonment
,
Maiheming
.
Fol.
1.
-
1
THe
euill
fruits
of
menaces
.
-
Menacers
shal
be
imprisoned
.
-
The
enormitie
of
libelling
and
defaming
.
-
2
The
differences
of
Menacing
,
Assault
,
and
Batterie
.
-
3
The
declaration
in
trespas
of
menacing
.
-
A
rebuke
accounted
a
Menace
or
Assault
.
-
4
Menacing
a
seruant
,
wherby
he
departeth
out
of
seruice
.
-
5
Menacing
a
tenant
,
whereby
he
departeth
from
his
tenancie
.
-
Menacing
of
a
Lords
Freeholder
.
-
6
Menacing
which
is
iustifiable
.
-
7
Menacing
by
going
or
riding
armed
.
-
8
Wearing
of
a
priuie
coat
a
Menace
.
-
9
Labourers
shall
weare
no
weapons
,
to
preuent
Menaces
.
-
10
Assurances
made
by
Menace
.
-
11
What
is
an
assault
.
-
What
is
a
batterie
.
-
12
Iustifying
of
beating
in
his
owne
defence
.
-
Barre
in
trespas
of
Assault
and
Batterie
.
-
13
Iustifying
of
beating
in
defence
of
others
.
-
The
mast●rs
remedy
for
beating
of
his
seruant
.
-
14
Batterie
in
defence
of
his
goods
.
-
Battery
in
defence
of
his
land
,
lease
,
or
way
.
-
15
Batterie
in
resisting
of
a
Iustice
of
Peace
.
-
16
A
Schoolemaster
beateth
his
Sholler
.
-
17
A
Master
beateth
his
Prentice
.
-
18
Beating
of
a
man
that
is
franticke
.
-
19
Beating
of
one
that
will
not
yeeld
to
arrest
.
-
20
Beating
of
a
seruant
departing
out
of
seruice
.
-
Beating
of
a
Ward
.
-
21
Commaundement
of
Batterie
.
-
22
Battery
or
hurting
at
some
exercise
or
disport
.
-
23
Battery
by
whipping
of
a
vagabond
.
-
Punishments
by
the
order
of
Law
.
-
24
Battery
for
disobeying
of
a
writ
or
warrant
.
-
25
Arresting
one
in
a
Church
that
is
doing
diuine
seruice
.
-
26
Disturbing
of
a
Preacher
in
his
Sermon
.
-
27
Chiding
in
a
Church
or
Churchyard
.
-
Smiting
in
a
church
or
churchyard
.
-
Drawing
or
smiting
with
a
weapon
in
a
Church
,
or
&c.
-
28
Drawing
of
blood
within
the
kings
palace
.
-
29
Assaulting
one
which
commeth
to
the
Parliament
.
-
Assaulting
the
seruant
of
a
Parliament
man
.
-
The
liberty
of
the
Clergie
at
a
Conuocation
house
touching
assaults
.
-
30
Assaulting
a
Iudge
or
Iuror
.
-
Striking
in
time
or
place
of
iustice
.
-
31
Arresting
by
watchmen
.
-
32
Trespas
for
a
battery
before
Outlawrie
.
-
33
A
man
first
indicted
for
batterie
,
and
after
sued
for
the
same
.
-
34
What
imprisonment
is
.
-
Voluntary
consent
no
cause
of
imprisonment
.
-
35
Imprisonment
by
the
commandement
of
the
king
or
his
Iustices
&c.
-
36
Imprisonment
for
notorious
and
grieuous
offences
.
-
37
Imprisonment
for
offences
done
vi
&
armis
.
-
38
Imprisonment
for
Riots
.
-
39
Imprisonment
for
holding
land
with
force
.
-
40
Imprisonment
of
one
that
is
pursued
by
huy
and
cry
.
-
41
Imprisonment
of
him
that
doth
breake
the
peace
.
-
Arresting
of
suspected
persons
.
-
42
Imprisoning
of
him
that
doth
attempt
to
rob
.
-
43
Assisting
him
to
arrest
that
hath
a
warrant
.
-
44
Breaking
of
a
house
to
arrest
,
in
what
case
lawfull
.
-
45
The
shirife
doth
arrest
and
doth
not
returne
his
writ
.
-
46
Arresting
vpon
suspition
of
felony
.
-
Causes
of
suspition
of
felony
.
-
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
commission
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
whom
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.
pounds
,
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
punishment
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
Maintenance
in
respect
of
neighbourhood
.
-
35
In
what
cases
the
master
may
maintaine
his
seruant
.
-
In
what
cases
the
seruant
may
maintaine
his
master
.
Deceit
,
Couin
,
Collusion
,
Fraud
.
Fol.
67.
-
1
The
multitude
and
enormities
of
deceits
and
frauds
.
-
2
The
reward
for
paines
,
and
punishment
for
deceits
of
officers
towards
the
Law
.
-
A
Iudge
.
-
A
Clerke
.
-
A
Serieant
.
-
A
Pleader
.
-
A
Philozer
.
-
An
Exigenter
.
-
No
office
of
Iustice
shall
be
sold
or
bought
.
-
No
man
shal
be
Iustice
of
Assise
in
his
owne
County
.
-
3
Who
shal
be
Atturneyes
.
-
Sollicitors
.
-
The
penalty
for
following
a
suit
in
anothers
name
.
-
What
acts
done
by
Atturneyes
in
seuerall
cases
shall
bee
adiudged
deceit
.
-
4
The
Law
reiecteth
deceitfull
and
fraudulent
acts
.
-
A
fine
leuied
of
land
to
defraud
the
right
owner
thereof
,
shall
bee
void
.
-
5
A
fine
leuied
of
auncient
demesne
land
,
to
defraud
the
Lord
of
his
Seigniorie
,
is
voidable
.
-
6
How
a
recouery
of
land
by
deceit
shal
be
auoided
.
-
7
A
Scire
facias
vpon
a
recouery
by
deceit
auoided
.
-
A
recouery
of
debt
by
deceit
auoided
.
-
A
iudgement
to
auoid
the
meaning
of
a
Statute
.
-
The
executors
shall
haue
remedy
for
a
deceitfull
recouery
against
the
Testator
.
-
8
Deceit
vpon
a
recouery
in
a
Quare
impedit
.
-
Deceit
vpon
a
recouery
in
wast
.
-
9
Deceit
vpon
a
recouery
in
a
Praecipe
in
capite
.
-
10
Where
a
good
Title
shal
be
impaired
by
a
couenous
recouery
thereof
.
-
11
A
Warranty
deuised
by
deceit
.
-
12
Deceit
by
getting
of
a
Protection
.
-
13
Deceit
by
purchasing
of
a
writ
to
charge
another
.
-
14
Deceit
by
purchasing
of
a
writ
in
anothers
name
.
-
Deceit
for
procuring
one
to
sue
another
.
-
15
Deceit
by
acknowledging
of
a
statute
in
anothers
name
.
-
Deceit
by
doing
of
a
iudiciall
act
in
anothers
name
.
-
16
Deceit
by
forging
of
a
resignation
of
a
Benefice
.
-
17
Deceit
by
conueying
of
land
to
one
man
,
which
before
was
bargained
to
another
.
-
18
Deceit
by
not
performing
of
his
Warranty
.
-
19
Deceit
by
confession
of
an
action
,
wherein
hee
hath
no
interest
.
-
20
Deceit
by
the
aliening
of
the
goods
of
his
wife
,
from
whom
hee
meaneth
to
be
diuorced
.
-
21
Sale
of
goods
in
open
Market
by
deceit
and
couin
.
-
22
A
fraudulent
assurance
to
defeat
the
discontinuee
in
tayle
of
his
plea
of
Assets
per
Discent
.
-
23
Fraudulent
assurance
to
defeat
a
Lord
of
his
Ward
,
Marriage
,
&c.
-
24
He
that
is
not
partie
to
a
fraud
shall
sustaine
no
losse
by
it
.
-
25
Deceit
&
collusion
to
bring
land
into
mortmaine
.
-
Lands
assured
in
mortmaine
to
Churches
,
Chappels
,
&c.
-
Collaterall
assurances
to
defraud
&c.
-
Which
be
charitable
and
lawfull
vses
.
-
26
Couin
by
a
particular
Tenant
,
to
deceiue
him
in
the
reuersion
.
-
27
Couin
by
him
in
the
reuersion
,
to
deceiue
the
lessee
for
yeares
.
-
Couin
to
auoid
a
Statute
or
Recognizance
.
-
28
Fraudulent
deeds
to
auoid
other
mens
duties
&c.
-
The
forfeiture
of
parties
to
fraudulent
deeds
,
who
doe
iustifie
the
same
.
-
Common
recoueries
.
-
Voucher
in
Formedon
.
-
Estates
made
vpon
good
consideration
and
bonafide
.
-
29
Fraudulent
deedes
to
auoid
forfeitures
shal
be
void
.
-
30
A
deed
without
fraud
must
be
made
vpon
good
consideration
and
bonafide
.
-
Infallible
marks
of
a
fraudulent
deed
of
gift
.
-
How
a
deed
of
gift
may
be
made
without
fraud
.
-
31
Fraudulent
assurances
to
deceiue
purchasors
.
-
The
forfeiture
of
parties
to
fraudulent
conueyances
,
which
do
iustifie
the
same
.
-
Conueiances
made
vpon
good
considerations
,
and
bona
fide
.
-
Conueiances
with
condition
of
reuocation
,
or
alteration
.
-
Morgages
.
-
32
A
purchasor
doth
know
before
of
a
fraudulent
deed
.
-
33
The
father
maketh
a
fraudulent
lease
,
and
the
sonne
selleth
the
land
.
-
34
A
womans
iointure
made
by
fraud
.
-
35
Fraudulent
deeds
to
auoid
successors
of
dilapidations
.
-
36
An
action
popular
sued
by
collusion
and
fraud
.
-
37
Fraudulent
possessing
of
Bankrupts
Lands
,
Goods
,
or
Debts
.
-
38
Fraudulent
administration
of
intestate
goods
.
-
39
Fraudulent
conueyances
of
Abbey
lands
.
-
40
Seuerall
deceits
and
frauds
in
marchandizes
and
men
of
trade
.
-
41
Deceit
by
selling
of
vnholesome
victuall
.
Extortion
,
Exaction
.
Fol.
82.
-
1
What
is
Extortion
.
-
What
is
Exaction
.
-
2
Exaction
by
taking
of
reward
for
a
report
.
-
3
Extortion
in
the
Shirife
,
Coroner
,
or
other
officers
.
-
4
Extortion
in
a
Serieant
,
Crier
,
or
Marshall
of
a
Iudge
.
-
5
Extortion
in
a
Coroner
.
-
6
Extortion
in
a
Sherife
,
vnder-Sherife
,
or
Baylife
,
for
making
of
arrests
&c.
-
7
Extortion
in
a
Sherife
,
for
sparing
to
returne
a
Iuror
.
-
8
Extortion
in
a
Sherife
,
for
the
seruing
of
an
Execution
.
-
9
Extortion
in
the
Chirographer
of
the
common
place
.
-
10
Extortion
in
the
kings
auditors
,
or
their
Clerkes
.
-
11
Extortion
in
the
Kings
Receiuers
.
-
Extortion
in
them
who
do
pay
fees
or
pensions
.
-
12
Extortion
in
officers
of
the
Exchequer
.
-
13
Extortion
in
a
Clerke
of
the
Signet
or
priuy
Seale
.
-
14
Extortion
by
officers
of
the
faculties
.
-
15
Extortion
by
Gouernours
vpon
such
as
be
made
prentices
or
freemen
.
-
16
Extortion
by
the
officers
of
the
Court
of
Wards
.
-
17
Extortion
in
taking
of
Obligations
for
the
payment
of
first
fruits
.
-
18
Extortion
by
Escheators
.
-
19
Exaction
by
the
Admirall
&c.
vpon
them
who
trauaile
for
Fish
.
-
20
Extortion
by
the
marshall
of
the
kings
house
.
-
Extortion
by
a
seruitor
of
bills
in
the
marshals
Court.
-
21
Exaction
by
Muster-masters
to
spare
the
taking
of
souldiers
.
-
Exaction
by
captaines
of
their
souldiers
.
-
22
Extortion
by
taking
of
Scauage
of
Marchants
.
-
23
Extortion
by
the
Clerke
of
the
Statutes
or
&c.
-
24
A
preuention
of
extortion
by
atturneyes
,
in
taking
of
excessiue
fees
.
-
An
atturney
delaying
of
a
suit
,
or
demaunding
more
then
is
due
.
-
25
A
preuention
of
Extortion
in
stewards
of
Courts
.
-
26
Extortion
in
gaugers
,
searchers
,
and
packers
of
fish
.
-
Extortion
in
Ordinaries
and
their
Officers
for
probat
of
Testaments
,
Administrations
,
&c.
-
28
Extortion
in
an
Ordinarie
for
the
seale
of
a
Citation
.
-
29
Extortion
in
Parsons
,
Vicars
,
&c.
for
Mortuaries
.
-
30
Exaction
for
presenting
or
collating
to
a
benefice
.
-
31
Exaction
for
admitting
to
a
benefice
.
-
32
Exaction
for
resigning
,
or
exchanging
of
a
benefice
.
-
33
Exaction
for
making
of
ministers
,
or
giuing
licence
to
preach
.
-
34
Exaction
for
a
voice
in
electing
of
a
fellow
or
scholler
into
a
Colledge
,
or
&c.
-
35
Exaction
by
taking
money
to
resigne
a
place
in
a
Colledge
,
&c.
-
36
Exaction
by
gathering
money
,
which
should
discharge
the
fifteene
of
a
Towne
.
-
37
Extortion
by
taking
of
an
amerciament
in
a
Court
Baron
.
-
38
It
is
no
Extortion
to
take
lawfull
fees
.
-
Taking
of
barre
fees
of
a
prisoner
discharged
.
-
Taking
of
gloues
of
an
offendor
pardoned
.
-
39
Extortion
by
taking
of
fees
of
him
who
doth
appeare
gratis
.
Oppression
.
Fol.
91.
-
1
What
Oppression
is
.
-
Oppression
by
disseisins
.
-
Of
what
things
one
may
bee
disseised
.
-
2
Oppression
by
approuement
of
common
.
-
Oppression
by
surcharge
of
common
.
-
3
Oppression
by
distresses
.
-
Powndage
money
.
-
Distraining
out
of
his
fee
.
-
Excessiue
distresse
.
-
Seuerall
distresses
for
one
thing
.
-
Distresse
for
damage
fesant
.
-
4
Oppression
by
trespasses
.
-
5
Oppression
by
Nusances
.
-
6
Oppression
by
Rescous
.
-
7
Oppression
by
encroachments
.
-
8
Oppression
by
excessiue
amerciaments
.
-
9
Oppression
by
committing
of
wast
.
-
Wast
in
land
.
-
Wast
in
houses
.
-
Wast
in
gardens
.
-
Wast
in
men
.
-
10
Oppressions
redressed
by
an
Audita
querela
.
-
11
Oppression
by
forestallers
,
Ingrossers
,
and
Regrators
.
-
Who
is
a
Forestaller
.
-
Who
is
an
Ingrosser
.
-
Who
is
a
Regrator
.
-
The
punishment
of
Forestallers
,
&c.
-
In
what
cases
ingrossing
and
regrating
be
tollerable
.
-
Changing
of
seed
.
-
Buying
and
selling
of
cattell
aliue
.
-
The
authoritie
of
I.
of
peace
in
these
cases
.
-
Trasporting
allowed
by
Iustices
.
-
When
corne
may
bee
transported
.
-
Buying
and
selling
of
fish
neere
the
Sea
.
-
Drouers
licenced
to
buy
and
sell
cattell
.
-
12
Oppression
by
badgers
,
laders
,
&c.
-
Obseruations
necessarie
in
all
licences
.
-
13
Oppression
of
Printers
and
Stationers
.
-
Oppression
by
Printers
and
Stationers
.
-
14
Oppression
by
transporting
of
gold
and
siluer
.
-
15
Oppression
by
transporting
of
copper
,
&c.
-
16
Oppression
by
Pewterers
.
-
17
Oppression
of
inhabitants
of
Market
Townes
.
-
18
Oppression
by
taking
of
seuerall
farmes
.
-
Taking
of
farmes
in
the
Isle
of
Wight
.
-
19
Oppression
by
keeping
of
many
sheepe
.
-
20
Oppression
by
spiritual
persons
in
taking
of
farmes
.
-
Oppression
by
them
in
buying
and
selling
.
-
Oppression
by
them
in
farming
of
Parsonages
.
-
Oppression
by
them
in
keeping
of
Tan-houses
,
or
Brew-houses
.
-
21
Oppression
by
taking
of
excessiue
toll
.
-
22
Oppression
ought
not
to
be
done
to
aliens
and
strangers
.
-
23
Oppression
by
making
of
yron
workes
.
-
24
Oppression
by
Brewers
.
-
25
Oppression
by
bringing
into
the
Realme
woollen
cards
.
-
26
Oppression
by
erecting
of
Weares
.
-
Oppression
by
destroying
of
spawne
or
fry
of
fish
.
-
Oppression
by
fishing
with
vnlawfull
nets
.
-
27
Oppression
by
buying
and
selling
of
fuell
.
-
28
Oppression
by
transporting
of
victuall
.
-
29
Oppression
by
vsurie
.
-
30
Oppression
by
cutting
out
the
head
of
a
conduit
.
-
Oppression
by
burning
of
a
cart
laden
.
-
Oppression
by
cutting
out
the
tongue
of
a
beast
.
-
Oppression
by
cutting
off
the
eares
of
a
man
.
-
Oppression
by
barking
of
trees
.
-
31
Oppression
by
hawking
or
hunting
in
corne
growing
.
-
32
Oppression
by
taking
of
other
mens
fish
.
-
33
Oppression
by
decaying
of
townes
and
houses
of
husbandry
.
-
34
Oppression
by
decaying
of
tillage
.
-
35
Oppressions
,
and
all
the
former
offences
,
punishable
in
the
Starre
chamber
.
Treasons
.
Fol.
109.
-
1
What
is
Treason
.
-
2
A
repeale
of
former
Treasons
.
-
Offences
made
Treason
by
Stat.
-
3
Compassing
or
imagining
the
death
of
the
King
,
&c.
-
A
conspiracie
by
diuers
,
executed
by
some
of
them
.
-
4
Leuying
of
warre
,
or
adhering
to
the
Kinges
enemies
.
-
5
Counterfeiting
the
K.
Seale
.
-
Conspyrators
and
ayders
in
Treason
.
-
6
Counterfeiting
the
Kings
money
.
-
Coyners
of
money
by
warrant
,
doe
abuse
it
.
-
7
Petit
Treason
.
-
A
seruant
killeth
his
master
or
mistresse
.
-
The
wife
conspireth
to
kill
her
husband
.
-
8
The
sonne
killeth
father
or
mother
.
-
9
Treason
in
breaking
of
prison
.
-
An
indictor
discouereth
counsel
.
-
10
Treason
by
statute
.
-
Treason
by
forging
the
coine
of
other
realmes
.
-
Treason
by
forging
the
Kings
signe
manuell
.
-
11
Bringing
into
the
realm
money
counterfeit
.
-
12
Treason
by
clipping
,
washing
,
or
filing
of
money
.
-
13
Treason
by
diminishing
,
scaling
,
or
lightning
of
money
.
-
14
Treason
by
the
maintaining
the
authoritie
of
the
Bishop
of
Rome
.
-
15
The
othe
touching
the
Q.
supreame
gouernment
.
-
Praemunire
for
the
first
refusall
of
the
othe
.
-
Treason
for
the
second
refusall
of
the
othe
.
-
16
Treason
for
giuing
or
taking
absolution
from
Rome
.
-
Treason
to
obtaine
Bulls
from
Rome
.
-
17
Treason
to
persuade
to
the
Romish
religion
.
-
Treason
to
be
persuaded
to
the
Romish
religion
.
-
Practising
to
absolue
,
or
reconcile
.
-
18
Treason
for
Iesuites
or
Priests
to
come
into
the
Realme
.
-
19
Treason
in
Seminary
priests
not
returning
.
-
20
What
Misprision
of
Treason
is
.
-
The
forfeiture
in
Misprision
.
-
21
Misprision
to
counterfeit
money
not
currant
.
-
22
Misprision
to
ayd
persuaders
to
the
Romish
religion
.
-
23
Misprision
to
conceale
reconciliation
offered
.
-
24
Misprision
to
inroll
an
indictment
not
found
.
-
25
Misprision
in
drawing
of
a
sword
to
strike
a
Iudge
sitting
in
his
place
.
-
26
Misprision
in
striking
of
a
Iuror
in
a
Iudges
presence
.
-
27
Misprision
by
striking
a
man
in
Westminster
Hall
,
the
Court
sitting
.
-
28
Misprision
by
rescuing
of
a
prisoner
arrested
by
a
Iudge
.
-
29
Shedding
of
bloud
within
the
K.
house
.
-
30
Triall
of
Treasons
committed
out
of
the
Realme
.
-
31
Outlawrie
of
offendors
in
Treason
being
out
of
the
realme
.
-
32
Triall
of
Treasons
committed
in
Wales
.
-
33
The
force
of
attainder
of
Treason
by
the
common
law
.
-
34
No
record
of
Attainder
shal
be
reuersed
,
where
the
offendor
is
executed
.
-
35
Felonie
made
Treason
by
statute
.
-
36
An
English
traitor
subiect
to
a
forreine
prince
.
-
37
An
Alien
borne
committeth
Treason
.
-
38
A
subiect
ioyneth
the
Kinges
Armes
to
his
owne
.
Homicide
.
Fol.
120.
-
1
Homicide
by
Iustice
.
-
By
necessitie
.
-
By
chaunce
or
misfortune
.
-
By
will
.
-
2
Homicide
by
Iustice
.
-
The
order
of
law
not
obserued
in
the
execution
of
iustice
.
-
3
None
may
kill
a
man
that
is
outlawed
,
or
attainted
in
Praemunire
.
-
4
Killing
of
a
felon
that
wil
not
be
arrested
.
-
Euerie
person
may
arrest
a
felon
.
-
Killing
of
such
as
be
vnlawfully
assembled
.
-
5
Killing
of
him
that
is
in
carying
to
the
gaole
.
-
6
Killing
of
a
prisoner
attempting
to
escape
.
-
7
Killing
him
that
attempteth
robberie
or
burglarie
.
-
8
Killing
of
an
offendor
in
a
Parke
&c.
-
9
Vnitie
of
possession
in
a
chase
or
mannor
.
-
10
One
killing
of
another
in
combat
.
-
11
Homicide
vpon
necessity
in
defence
of
his
house
from
burning
.
-
Homicide
in
defending
himself
from
robberie
.
-
12
No
forfeiture
for
Homicide
vpon
necessitie
.
-
13
Killing
of
another
in
his
owne
defence
,
in
his
owne
house
.
-
14
Necessitie
ineuitable
requisit
in
homicide
in
his
own
defence
-
The
definition
of
Homicide
in
his
owne
defence
.
-
15
Where
in
Homicide
in
his
owne
defence
his
goods
shall
bee
forfeited
,
and
where
not
.
-
16
Killing
a
man
in
his
own
defence
,
found
by
verdict
.
-
17
The
prisoner
indicted
for
killing
in
his
owne
defence
,
must
plead
,
not
guiltie
.
-
18
How
he
shall
be
discharged
that
killeth
a
man
in
his
owne
defence
.
-
19
What
is
Homicide
by
misaduenture
.
-
20
The
like
order
in
misaduenture
,
as
in
his
owne
defence
.
-
21
What
is
Homicide
by
murder
.
-
What
is
Homicide
by
manslaughter
.
-
22
The
name
of
murder
.
-
Murder
more
grieuous
than
felonie
.
-
23
Wilfull
poysoning
is
murder
.
-
24
Stabbing
to
death
is
murder
.
-
25
Murder
by
killing
of
a
Constable
comming
to
part
a
fray
.
-
Murder
by
killing
of
a
Sherife
or
his
Officers
in
seruing
of
Proces
.
-
Murder
by
killing
of
a
watchman
.
-
26
Murder
and
Manslaughter
committed
in
the
death
of
one
man
.
-
27
A
man
bearing
malice
to
one
,
killeth
another
.
-
28
A
man
giueth
poyson
to
one
,
another
taketh
it
,
and
dyeth
.
-
29
Two
agreeing
to
commit
a
Murder
,
one
of
them
doth
it
.
-
30
Meaning
to
kil
,
without
the
act
,
is
not
Homicide
.
-
Act
in
killing
without
meaning
,
is
Homicide
.
-
31
Homicide
by
giuing
poisoned
drinke
to
another
.
-
32
Many
do
attempt
to
doe
an
vnlawfull
act
,
and
one
of
them
doth
kill
a
man
.
-
33
Homicide
by
carrying
a
sicke
man
into
the
ayre
or
cold
.
-
34
A
man
dyeth
vnder
the
Physitians
or
Chirurgians
care
.
-
35
Homicide
vpon
the
euill
words
of
another
.
-
36
Homicide
by
a
Franticke
man
.
-
Homicide
by
a
man
that
is
deaf
and
dumbe
.
-
Homicide
by
a
drunkard
.
-
37
Homicide
by
an
infant
.
-
38
Homicide
by
a
beast
.
-
39
In
Homicide
the
party
killed
must
be
in
Esse
.
-
40
In
Homicide
the
partie
hurt
must
dye
within
the
yeare
.
-
41
Homicide
by
felo
de
se
.
-
The
cause
of
the
forfeiture
of
felo
de
se
.
-
42
An
infant
or
lunaticke
cannot
be
felo
de
se
.
-
43
Killing
of
himselfe
in
stead
of
another
.
-
44
Forfeiture
of
a
lease
made
to
felo
de
se
and
his
wife
.
-
45
No
forfeiture
of
a
debt
vpon
contract
made
by
felo
de
se
.
-
46
A
villaine
is
felo
de
se
,
and
his
Lord
seiseth
his
goods
.
-
47
One
mortgageth
his
goods
and
becommeth
felo
de
se
.
-
48
Homicide
by
casualtie
.
-
49
A
Deodand
,
and
what
it
is
.
-
50
A
tree
,
and
the
bough
of
another
tree
doth
kill
a
man
.
-
51
Falling
off
a
cart
,
or
from
a
cart
.
-
52
Falling
from
a
cart
laden
.
-
Falling
from
a
cart
that
is
lading
.
-
53
Falling
from
a
horse
into
the
water
.
-
A
horse
or
other
beast
killeth
a
man
.
-
From
what
time
a
Deodand
shall
haue
relation
.
-
54
A
beame
of
a
bel
in
a
church
killeth
a
man
.
-
55
A
wheele
of
a
Mill
killeth
a
man
.
-
56
Falling
from
a
horse
against
a
Trunke
.
-
57
Falling
from
a
houell
or
ricke
.
-
58
Falling
out
of
a
ship
that
is
sailing
.
-
59
No
Deodand
for
him
that
is
within
foureteene
yeares
of
age
.
-
60
The
Sherife
shal
be
charged
with
a
Deodand
.
-
61
A
man
vnknowne
found
dead
in
the
field
.
Felonie
by
the
Common
Law
.
Fol.
129.
-
1
What
is
Larceny
.
-
Petit
Larcenie
-
The
intent
of
stealing
must
bee
at
the
time
of
the
receit
of
the
goods
.
-
2
Stealing
goods
at
seueral
times
of
the
value
of
xij
.
d
'
.
-
Felonie
in
seuerall
persons
.
-
3
The
Iurie
may
find
an
vnder
value
of
the
goods
stolne
.
-
4
Felonie
where
the
goods
be
in
the
owners
possession
.
-
5
A
seruant
hauing
vse
of
his
Masters
goods
,
doth
steale
them
.
-
6
One
hauing
the
key
,
doth
steale
the
goods
in
the
house
,
or
chest
.
-
7
A
bargaine
with
a
Carryer
,
but
not
a
deliuerie
of
the
goods
.
-
8
A
Carrier
stealeth
the
goods
committed
vnto
him
.
-
9
A
Carrier
stealeth
part
of
his
charge
.
-
10
Felony
in
a
man
for
taking
of
his
owne
goods
.
-
11
Stealing
of
the
goods
of
a
Church
,
or
Corporation
.
-
12
In
what
case
a
married
wife
may
commit
felonie
,
in
what
not
.
-
A
woman
taking
her
husbands
goods
.
-
13
In
what
case
an
infant
may
commit
felonie
.
-
An
ideot
or
lunaticke
cannot
commit
felonie
.
-
14
Burning
of
a
house
or
barne
,
felonie
.
-
15
Felonie
in
indictors
to
discouer
their
counsell
.
-
16
Rescuing
of
a
prisoner
felonie
.
-
17
Wilfull
escape
is
felonie
.
-
18
Goods
stolne
from
him
that
hath
the
custodie
of
them
.
-
19
Goods
stolne
from
him
that
did
steale
them
.
-
20
Of
what
things
Larcenie
may
bee
committed
,
of
what
not
.
-
21
Felonie
must
bee
of
personall
goods
,
and
of
things
reall
.
-
22
A
thing
made
felonie
by
Statute
,
which
is
after
repealed
.
-
23
What
Theefeboot
ir
.
-
24
Felony
committed
in
one
K.
raigne
,
punished
in
another
.
-
25
Stolne
goods
carried
into
seuerall
counties
.
-
In
what
gaole
a
felon
shall
bee
imprisoned
.
-
26
Breaking
a
house
to
take
a
felon
.
-
27
What
is
robberie
.
-
Robberie
by
threatning
.
-
Taking
a
mans
money
,
but
not
putting
him
in
feare
.
-
28
Robbery
by
taking
an
othe
to
bring
money
.
-
Robbery
by
taking
of
money
giuen
.
-
29
Robberie
in
will
,
but
not
in
deed
.
-
30
What
is
Burglarie
.
-
31
Breaking
of
a
house
,
but
not
entring
.
-
32
No
Burglarie
may
be
committed
in
the
day
time
.
-
33
Breaking
of
a
dwelling
house
wherein
no
person
is
.
Felonie
by
Statute
.
Fol.
133.
-
1
Felonie
in
conspiring
to
destroy
the
King
,
or
any
Lord
,
or
Counsellor
.
-
2
Felonie
to
rauish
a
woman
.
-
3
Felonie
to
abuse
a
woman
child
vnder
the
age
of
tenne
yeares
.
-
4
Felony
in
the
rauisher
,
where
the
woman
rauished
doth
consent
.
-
A
woman
rauished
,
conceiued
with
child
.
-
The
woman
rauished
,
a
concubine
.
-
The
woman
not
carnally
knowne
.
-
Rapuit
necessarie
in
an
Indictment
of
Rape
.
-
5
Felonie
by
taking
a
woman
against
her
will
.
-
6
Felonie
for
transporting
of
sheepe
.
-
7
Felonie
in
marrying
againe
,
vntill
the
former
husband
or
wife
be
dead
.
-
8
Felony
in
some
such
as
be
infected
with
the
plague
,
for
their
abuses
.
-
9
In
what
case
a
phantasticall
Recusant
must
abiure
,
vpon
paine
of
felonie
.
-
10
In
what
cases
a
Popish
Recusant
must
abiure
,
vpon
paine
of
felonie
.
-
11
The
vice
of
buggerie
is
felonie
.
-
12
Felonie
in
seruants
that
imbecile
their
masters
goods
.
-
Receiuing
money
for
wares
.
-
Receiuing
money
vpon
on
obligation
.
-
13
Felonie
in
seruants
imbeciling
their
masters
goods
after
their
deaths
.
-
14
Felony
by
enforcing
a
prisoner
to
become
an
approuer
.
-
15
Felonie
in
those
that
counterfeit
to
be
Aegyptians
.
-
16
Felonie
by
imbeciling
of
records
.
-
The
penaltie
of
Iudges
or
Officers
abusing
records
.
-
17
Felony
in
cutting
out
of
tongues
,
or
putting
out
of
eyes
.
-
18
Felonie
in
practising
of
multiplication
of
gold
or
siluer
.
-
19
Felony
in
withholding
of
a
hawke
.
-
20
Felony
in
making
of
congregations
of
Masons
.
-
21
Felony
for
a
soldier
,
mariner
,
or
gunner
to
depart
from
his
captain
.
-
22
Felonie
by
receiuing
or
releeuing
of
Iesuites
or
Priests
.
-
23
Felonie
for
making
of
purueiance
without
warrant
.
-
24
Felony
by
vnlawful
purueiance
of
sheepe
.
-
25
Felony
by
making
purueyance
without
appraisement
.
-
26
Felony
by
taking
carriage
contrarie
to
his
commission
.
-
27
In
what
case
forging
of
euidence
is
felonie
.
-
28
In
what
case
a
banished
rogue
shal
be
a
felon
.
-
29
Felony
by
practising
of
coniuration
,
witchcraft
,
inuocation
,
&c.
-
30
Felonie
in
hunting
in
the
night
,
or
with
visors
,
and
denying
of
it
.
-
31
Felony
by
vnlawfull
assemblies
aboue
twelue
persons
,
&c.
-
32
Felonie
in
wandring
souldidiers
or
mariners
,
that
will
not
settle
to
worke
.
-
33
Felonie
in
imbeciling
of
the
Kings
Armour
,
Ordnance
,
Shot
,
&c.
-
34
Felonie
in
cutting
downe
Powdike
.
-
35
Felonie
in
not
taking
the
othe
for
the
King
,
or
not
entring
into
bond
.
-
36
Felonie
in
forcible
carrying
any
person
out
of
Cumberland
,
&c.
-
37
Felonie
in
breaking
of
prison
.
Principall
and
Accessorie
.
Fol.
141.
-
1
There
is
no
Accessorie
in
high
Treason
.
-
2
Accessory
before
the
offence
committed
.
-
3
Procurement
of
felony
.
-
4
Comming
purposely
to
doe
Manslaughter
.
-
5
A
will
to
assist
a
felon
.
-
6
In
company
,
but
not
assenting
to
a
felonie
.
-
7
Holding
a
man
vntill
hee
be
slaine
.
-
8
One
thing
commanded
,
and
another
effected
.
-
9
Counselling
to
rob
one
,
and
another
is
robbed
.
-
Commaunding
to
beat
one
,
and
another
is
killed
.
-
Commaunding
to
burne
one
house
,
and
another
is
burned
.
-
Counsell
to
doe
one
act
,
and
another
is
done
.
-
The
felonie
commanded
,
committed
in
another
manner
.
-
10
The
felonie
commaunded
,
countermaunded
.
-
11
Counselling
to
poison
one
and
another
is
poysoned
.
-
12
A
commanding
or
ayding
to
rape
or
robberie
.
-
13
Accessories
after
the
offence
.
-
What
act
of
the
Accessorie
maketh
him
a
felon
.
-
14
Receit
of
a
felon
attainted
in
the
same
countie
.
-
15
Receit
of
a
felon
attainted
in
another
countie
.
-
16
Indictment
and
triall
of
an
Accessorie
in
one
countie
,
to
an
offence
done
in
another
.
-
17
Receiuing
of
stolne
goods
.
-
18
Receiuing
of
a
felon
.
-
19
Accessory
to
an
Accessorie
.
-
20
Rescue
of
a
felon
.
-
21
A
wife
not
accessory
to
her
husband
.
-
22
A
wife
may
bee
a
principall
felon
.
-
22
Accessaries
to
offences
made
Felony
by
Statute
.
-
23
In
Rape
the
assistant
principall
.
-
24
Procurors
and
abettors
in
imbesilling
of
records
.
-
25
Accessaries
to
offendors
in
rebellious
assemblies
.
-
26
Aidors
and
abettors
in
coniuration
.
-
27
Procurers
to
take
a
woman
against
her
will
.
-
28
In
what
cases
aiders
bee
principals
.
-
29
Acquitall
of
the
principall
,
acquitall
of
the
accessarie
.
-
30
Principall
and
Accessary
in
Manslaughter
.
-
31
Two
sorts
of
Attainders
,
and
which
they
be
.
-
The
principall
shal
be
attainted
before
the
accessary
.
-
32
Accessary
in
an
appeale
commenced
by
bill
or
writ
.
-
33
The
principall
shall
be
attainted
before
the
Exigent
shall
bee
awarded
against
the
accessarie
.
-
34
The
principall
maketh
default
,
and
the
Accessarie
appeareth
.
-
35
The
Accessarie
wageth
battell
.
-
36
The
accessarie
pleadeth
in
abatement
of
the
writ
.
-
37
Both
the
principall
and
accessary
doe
appeare
.
-
Where
the
principals
plea
shal
be
tried
before
the
accessaries
answer
.
-
38
The
principall
pleadeth
in
abatement
of
the
writ
.
-
39
The
principall
pleadeth
not
guilty
.
-
40
Seuerall
principals
and
one
accessarie
.
-
41
The
attainder
of
the
principall
must
be
in
the
same
suit
.
-
42
The
principall
attainted
,
and
dieth
.
-
43
The
principall
doth
stand
mute
.
-
44
Error
in
the
attainder
of
the
principall
.
-
45
An
abiured
accessarie
returneth
.
-
46
The
accessarie
tryed
vpon
his
owne
request
.
-
47
The
principall
found
not
guilty
.
-
48
The
principall
dieth
in
prison
before
attainder
.
-
49
The
principall
attainted
of
another
felony
.
-
50
The
principal
slew
the
dead
man
in
his
owne
defence
.
-
51
The
principall
hath
his
clergie
or
pardon
.
-
52
In
an
appeale
the
acquitall
of
the
principall
is
no
acquitall
of
the
accessary
.
Breaking
of
Prison
,
and
Rescous
.
Fol.
148.
-
1
Who
is
a
prisoner
.
-
2
A
stranger
breaketh
prison
.
-
3
Letting
a
prisoner
escape
.
-
4
Negligent
escape
.
-
5
Rescuing
of
a
prisoner
.
-
6
Disturbing
of
an
arrest
.
-
7
The
Sherife
returneth
a
Rescous
.
-
8
Whose
the
prison
broken
must
be
.
-
9
Escaping
or
rescuing
of
one
attached
of
Trespas
.
-
10
Rescuing
of
an
offendor
after
iudgement
.
-
11
The
imprisonment
,
and
not
the
attainder
respected
in
escape
.
-
12
Letting
escape
one
imprisoned
for
Treason
.
-
13
Disobeying
of
a
warrant
to
arrest
Hunters
.
-
14
Confession
before
a
Coroner
of
breaking
of
prison
.
-
15
Opening
the
prison
,
but
not
escaping
.
Escape
.
Fol.
149.
-
1
Voluntarie
escape
,
and
what
it
is
.
-
2
Escape
of
an
offendor
not
arrested
.
-
3
It
must
be
felony
at
the
time
of
the
escape
.
-
4
Negligent
escape
,
and
what
it
is
.
-
5
Killing
of
him
that
escapeth
.
-
6
Taking
againe
the
party
escaping
.
-
7
Licencing
the
prisoner
to
go
to
another
towne
.
-
8
Licencing
the
prisoner
to
go
into
the
same
towne
.
-
9
Escape
by
bayling
one
not
mainpernable
.
-
10
Escape
of
one
arrested
of
petite
Larcenie
.
-
11
Escape
by
the
returne
of
Cepi
Corpus
.
-
12
What
is
a
double
escape
.
-
13
Where
an
escape
may
bee
without
an
arrest
.
-
14
Who
shall
be
charged
with
an
escape
.
-
15
Escape
in
a
Towne
walled
.
-
16
Flying
to
a
Church
,
and
escaping
.
-
17
Escaping
by
making
of
abiuration
.
-
18
Escaping
before
or
after
arrest
.
-
19
Where
the
Sherife
and
where
the
Towne
shal
be
charged
with
an
escape
.
-
20
Where
the
Hundred
shal
be
charged
with
an
escape
.
-
21
Escape
of
one
imprisoned
for
a
time
.
-
22
Where
the
Towne
,
Hundred
,
or
County
shall
bee
charged
with
an
escape
.
-
23
Who
shall
be
charged
with
a
prisoner
,
if
the
Gaoler
will
not
receiue
him
.
-
24
Who
is
prisoner
by
matter
of
Record
.
-
25
Where
a
Towne
shall
bee
charged
with
an
escape
.
-
26
Where
a
Sherife
shall
bee
charged
with
an
escape
.
-
27
A
Coroner
sent
to
the
Marshalsea
,
to
enquire
of
Escapes
.
-
28
Confessing
and
auoyding
of
an
escape
.
-
29
Who
is
a
prisoner
by
matter
in
fait
.
-
Before
whom
an
escape
shall
be
presented
.
-
30
Iustices
of
Peace
and
the
Coronor
shall
enquire
of
Escapes
.
-
31
Trauerse
to
a
presentment
of
an
escape
.
-
32
Escapes
inquirable
in
Leets
and
Turnes
.
-
33
The
penalties
of
Escapes
.
-
34
Where
a
man
arrested
may
bee
set
at
libertie
,
without
further
tryall
,
and
where
not
.
Pursute
by
Huy
and
Cry
.
Fol.
152.
-
1
All
men
shall
pursue
the
huy
and
cry
.
-
The
punishment
of
concealement
,
and
not
attaching
of
Felons
.
-
2
Fresh
suit
and
inquiry
shal
be
made
after
Felons
.
-
The
penalty
if
a
Felon
be
not
taken
.
-
3
Warding
of
townes
that
be
walled
.
-
4
When
the
night
watch
shall
be
giuen
and
end
.
-
The
penalty
of
resisting
of
arrest
.
-
5
How
highwaies
shall
be
enlarged
.
-
6
The
Hundred
charged
where
Fresh
suit
vpon
huy
and
cry
shall
cease
.
-
The
clerke
of
the
Peace
shall
prosecute
the
suit
.
-
7
Who
shall
prosecute
the
suit
if
the
clerke
of
the
Peace
doe
die
,
or
be
remoued
.
-
8
A
remedie
for
equall
contribution
.
-
9
Deliuering
of
the
contribute
money
.
-
10
Leuying
of
contribution
.
-
11
No
penalty
where
any
of
the
offendors
be
taken
.
-
12
Within
what
time
the
suit
shal
be
commenced
.
-
13
In
what
manner
huy
and
cry
shal
be
made
.
-
14
Notice
must
bee
giuen
of
the
robberie
.
-
The
party
robbed
examined
and
bound
to
prosecute
the
offendors
.
-
15
A
remedie
for
the
inhabitants
of
Benherst
in
Barkeshire
.
-
In
what
cases
only
their
recouerie
shal
be
had
.
-
16
Pursute
will
not
serue
without
apprehension
,
or
descrying
the
Felons
.
-
17
Arresting
of
him
that
is
pursued
by
huy
and
cry
.
Appeales
of
Felonie
.
Fol.
156.
-
1
What
an
appeale
is
.
-
Appeale
by
a
woman
of
the
death
of
her
husband
.
-
2
An
appellant
conueyeth
his
title
by
a
woman
.
-
3
The
declaration
in
an
appeale
of
Murther
.
-
4
The
woman
appellant
must
be
the
dead
mans
lawfull
wife
.
-
5
The
woman
must
liue
vnmarried
.
-
6
The
woman
marrieth
betweene
iudgement
and
execution
.
-
7
Where
an
appeale
for
a
woman
,
but
no
dower
.
-
8
Where
the
wife
may
haue
an
appeale
,
none
other
shall
.
-
9
Who
shall
haue
the
Appeale
,
if
the
man
slaine
haue
no
wife
.
-
A
bastard
.
-
Heire
in
borough
English
.
-
10
An
Appeale
dyeth
with
the
Appellant
,
or
by
his
Non-sute
.
-
11
The
heire
doth
release
the
appeale
,
and
die
.
-
12
The
heire
doth
recouer
and
die
before
the
appellees
execution
.
-
13
The
eldest
sonne
disableth
himselfe
to
bring
an
appeale
.
-
14
Who
shall
haue
the
appeale
for
killing
of
father
,
mother
,
brother
,
or
wife
.
-
15
A
Lord
killeth
his
villaine
.
-
16
An
infant
may
haue
an
appeale
.
-
17
A
man
of
threescore
and
tenne
yeares
of
age
may
haue
an
appeale
.
-
18
Disabilities
to
bring
an
appeale
.
-
19
Disabilities
in
the
appellant
.
-
20
Pleading
that
the
appellant
hath
an
elder
brother
.
-
21
Atturny
for
the
appellant
in
appeale
.
-
22
Who
may
pursue
an
Appeale
of
Robberie
.
-
Robbing
of
a
Carrier
.
-
23
The
appeale
of
a
woman
,
of
an
infant
,
of
executors
.
-
24
A
villaine
shall
not
haue
an
appeale
of
Robberie
against
his
Lord
.
-
25
An
Appeale
,
or
an
Indictment
for
the
kings
goods
.
-
26
An
Appeale
of
Robberie
done
to
another
.
-
27
An
Appeale
of
Rape
.
-
28
Who
shall
haue
the
appeale
where
a
woman
rauished
consenteth
.
-
29
A
lawful
husband
shal
haue
the
Appeale
of
Rape
.
-
30
Where
the
father
or
kinsman
shall
haue
an
Appeale
of
Rape
.
-
31
An
Appeale
where
the
Lord
doth
rauish
his
Niefe
.
-
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
countie
,
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
excommunication
in
the
plaintife
.
-
5
Who
are
mainpernable
,
who
not
.
-
Bailement
by
the
Shirife
.
-
With-holding
of
Prisoners
mainpernable
.
-
6
In
what
cases
no
mainprise
by
the
common
Law
.
-
The
King
or
Iustices
commandement
.
-
7
The
Marshall
shall
baile
no
prisoner
.
-
The
Iustices
ordinarie
,
or
absolute
commaundement
.
-
8
Mainprise
for
offendors
in
Vert
or
Venison
.
-
9
In
what
case
hee
that
is
outlawed
may
be
bayled
.
-
10
Mainprise
during
an
approuers
life
.
-
11
Maineprise
vpon
good
name
.
-
The
principall
in
Burglary
and
Robbery
mainpernable
.
-
12
No
bailement
for
a
prisoner
attainted
.
-
13
Bailement
of
offendors
by
Iustices
of
Peace
.
-
14
Bailement
of
offendors
by
the
Shirife
.
-
15
Bailement
by
Shirifes
and
others
.
-
16
Imprisonment
at
the
Kings
pleasure
.
-
17
The
difference
betweene
bailement
in
Felony
,
and
in
a
personall
Action
.
-
18
Mainprise
is
matter
of
Record
.
Confession
of
the
offence
.
Fol.
184.
-
1
An
offendor
in
felony
pleadeth
one
of
three
pleas
.
-
2
Confession
of
the
offence
before
the
Iudge
vpon
the
prisoners
arraignement
may
bee
in
two
sorts
.
-
Confession
of
the
offence
must
be
free
and
without
menace
.
-
3
He
that
doth
confesse
his
offence
before
the
Iudge
,
doth
become
an
approuer
.
-
4
Confession
of
the
offence
before
the
Coroner
,
whereupon
abiuration
doth
ensue
.
Approuer
.
Fol.
185.
-
1
Who
is
an
Approuer
.
-
An
Approuer
shal
be
banished
.
-
2
Of
what
offences
approuement
may
be
.
-
3
Approuement
in
an
Indictment
,
and
not
in
an
appeale
.
-
4
Before
whom
one
may
approue
.
-
5
How
an
Approuer
shall
vse
himselfe
.
-
No
approuing
after
pleading
.
-
An
Approuer
must
tell
truth
.
-
6
An
Approuers
oath
.
-
7
An
Approuers
wages
.
-
8
An
Approuer
set
at
liberty
.
-
An
Approuers
appeale
must
be
certaine
.
-
9
Proces
against
the
appellees
after
the
approuement
.
-
10
Pleas
for
the
appellee
against
the
approuer
.
-
An
Approuer
attainted
or
conuict
of
Felony
.
-
11
An
appellee
cannot
appeale
others
.
-
12
An
Approuer
not
in
prison
for
felony
,
or
at
liberty
.
-
13
The
appellee
an
honest
and
credible
man
.
-
14
Generall
pleas
in
barre
of
the
appeale
.
-
15
Where
the
king
may
pursue
an
Appeale
begun
.
-
16
The
appellants
release
to
the
appellee
.
-
17
An
Approuer
confesseth
his
Appeale
to
be
false
.
-
18
An
Appeale
abating
before
declaration
.
-
A
Felon
taken
with
the
mannoure
.
-
19
No
arraignment
at
the
kings
suit
vpon
a
false
declaration
.
-
Where
,
if
not
an
appeale
,
yet
an
Indictment
may
bee
at
the
kings
suit
.
-
20
The
plaintife
in
the
appeale
excommunicat
or
outlawed
.
-
21
An
Approuer
pardoned
,
the
appellee
shal
be
discharged
.
-
22
Vanquishing
of
one
of
the
approuers
.
-
23
Examining
of
an
offendor
condemned
.
Sanctuary
and
Abiuration
.
Fol.
189.
-
1
What
Sanctuarie
is
.
-
2
What
Abiuration
is
.
-
3
All
Sanctuaries
be
extinguished
.
-
Abiuration
by
the
common
Law
.
-
Abiuration
to
a
place
within
the
Realme
.
-
4
No
abiuration
for
Treason
.
-
5
No
abiuration
for
the
robberie
of
a
Church
.
-
6
No
abiuration
for
a
man
attainted
.
-
7
No
abiuration
for
a
man
before
abiured
.
-
8
Where
an
offendor
may
bee
drawne
out
of
the
Church
by
violence
.
-
The
offendors
confession
before
the
Coroner
.
-
9
Tarrying
in
a
Church
aboue
the
time
limitted
.
-
10
The
manner
of
Abiuration
.
-
The
oath
of
Abiuration
.
-
11
The
attire
of
an
abiured
person
.
-
12
The
vsing
of
persons
abiured
.
-
13
The
abiuration
broken
,
death
ensueth
.
-
A
Clarke
need
not
to
abiure
.
-
14
Where
no
Felony
,
no
abiuration
for
Felony
.
-
15
The
abiured
pleadeth
that
he
is
not
the
same
person
.
-
The
Kings
pardon
of
Abiuration
.
-
16
Abiuration
by
a
Recusant
.
-
17
Abiuration
by
a
Popish
Recusant
.
-
18
Abiuration
by
him
that
committeth
Trespas
.
Pleading
not
guilty
.
Fol.
192.
-
1
The
plea
of
not
guilty
the
most
common
for
a
prisoner
.
-
One
may
plead
not
guilty
after
other
pleas
.
-
2
Where
,
vpon
the
plea
of
not
guilty
counsel
shal
be
allowed
,
and
where
not
.
Triall
by
Battaile
.
Fol.
193.
-
1
Triall
of
not
guilty
by
Battaile
,
or
by
the
Countrey
.
-
2
The
forme
of
triall
by
Battaile
.
-
3
The
reason
why
the
defendant
in
an
appeale
may
be
tried
by
battaile
.
-
4
Counterpleas
to
the
Battaile
.
-
5
Taken
with
the
manoure
.
-
6
Breaking
of
prison
.
-
7
Le
ts
of
triall
by
battell
on
the
plaintifes
part
.
-
8
Priuiledges
of
the
appellants
person
.
-
The
King
.
-
A
Citizen
of
London
.
-
9
No
wager
of
battell
in
an
appeale
of
Rape
.
-
10
One
fighting
with
seuerall
men
.
-
11
An
Appeale
by
an
approuer
.
-
12
The
appellee
wageth
battell
,
and
then
becommeth
blind
.
Triall
by
Peeres
.
Fol.
196.
-
1
The
triall
of
the
plea
of
not
guilty
by
Peeres
.
-
2
The
forme
of
arraignement
and
triall
of
a
Peere
of
this
realme
.
-
3
By
whom
Peeres
appealed
shal
be
tried
.
-
By
whom
Ladies
shall
be
tryed
.
-
4
The
triall
of
Bishops
.
-
Arraignement
and
Tryall
in
Parliament
.
-
5
Triall
of
Treason
committed
in
Ireland
.
-
6
Triall
of
Misprision
of
Treason
.
-
The
number
of
Peeres
at
the
triall
.
-
7
Triall
of
Peeres
by
Peeres
in
all
cases
of
Treason
and
Felonie
.
Triall
by
the
Countrey
.
Fol.
198.
-
1
Triall
of
the
plea
of
not
guilty
by
the
countrey
.
-
2
Triall
by
the
country
of
forraine
pleas
.
-
A
man
stricken
vpon
the
Sea
,
dieth
vpon
the
land
.
-
3
The
Proces
against
the
Iurie
.
-
The
Proces
in
an
Appeale
,
and
not
in
an
Indictment
.
-
4
Where
a
Nisi
prius
is
grauntable
in
an
Appeale
.
-
5
Remaunding
of
prisoners
out
of
the
Kings
Bench
into
the
Countrey
.
-
6
Triall
of
Felonies
committed
by
English
men
in
Scotland
.
-
7
The
prosecutors
and
witnesses
bound
to
giue
euidence
.
-
8
The
accessary
tried
,
though
the
principall
be
not
.
-
9
Euery
Iuror
must
haue
fiue
pounds
of
freehold
.
-
10
The
offendor
shall
forfeit
no
lands
.
-
11
A
like
Act
made
in
Scotland
.
-
12
Scottishmen
repairing
into
England
to
giue
euidence
,
shal
be
free
from
arresting
.
-
13
The
offence
shall
be
layed
where
it
is
done
.
-
14
Hee
that
is
once
tried
,
shall
not
be
eftsoones
called
into
question
.
-
15
None
shall
bee
sent
out
of
England
to
receiue
his
tryall
.
-
16
The
Iurors
shall
allow
of
,
or
reiect
the
witnesses
.
Challenge
.
Fol.
201.
-
1
Where
the
prisoner
is
allowed
to
challenge
peremptorily
.
-
Seuerance
in
challenges
.
-
2
Which
be
challenges
vpon
cause
,
for
that
hee
was
an
indictor
.
-
3
Challenge
for
want
of
Medietatem
linguae
.
-
4
Challenge
for
want
of
sufficient
freehold
.
-
5
Challenge
for
the
king
.
-
6
A
man
outlawed
of
Felony
shall
haue
his
challenge
.
-
7
A
Iuror
challenged
,
for
that
he
is
an
Alien
,
a
Villaine
,
or
Outlaw
.
Euidence
.
Fol.
204.
-
1
Some
bound
to
giue
euidence
against
an
offendor
let
to
baile
.
-
2
Some
bound
to
giue
euidence
against
an
offendor
imprisoned
.
-
3
Restitution
of
goods
vpon
an
attainder
by
euidence
.
-
4
Euidence
giuen
by
a
stranger
.
-
5
There
must
be
two
accusors
to
giue
euidence
in
Treason
.
-
6
Euidence
or
accusors
in
high
Treason
.
-
7
Euidence
against
abettors
to
offences
.
-
8
Euidence
on
the
defendants
part
in
Felony
.
Verdict
.
Fol.
206.
-
1
A
Verdict
at
large
may
bee
giuen
in
Felony
.
-
2
The
Verdict
sometime
lesse
penall
then
the
Indictment
.
-
3
The
Verdict
sometime
more
penall
then
the
Indictment
.
-
4
Where
the
Iury
shal
find
who
killed
the
dead
man
.
Clergy
.
Fol.
207.
-
1
What
Clergy
is
.
-
2
Who
shal
not
haue
his
clergy
by
the
common
Law
.
-
3
A
committer
of
Sacriledge
.
-
4
The
habite
or
tonsure
of
a
Clerke
.
-
5
Clergie
shal
be
allowed
but
once
.
-
6
Killing
a
man
by
chaunce
,
or
in
his
owne
defence
.
-
Committing
of
petite
Larcenie
.
-
7
Offendors
in
Treason
.
-
8
Confession
of
the
Felony
.
-
9
Clergie
taken
away
by
Statute
.
-
A
Cutpurse
.
-
10
Forging
of
Writings
.
-
11
A
committer
of
Buggerie
.
-
12
Counterfeiting
to
be
Egiptians
.
-
13
Relieuing
of
a
Iesuit
or
a
Priest
.
-
14
Committers
of
Rape
or
Burglary
.
-
15
Taking
a
woman
against
her
will
.
-
16
Practising
of
Coniuration
or
Witchcraft
.
-
17
Stabbing
,
or
thrusting
to
death
.
-
18
A
Recusant
not
abiuring
or
returning
.
-
19
Abiuration
of
a
Popish
Recusant
.
-
20
A
Souldier
departing
from
his
Captaine
.
-
21
Wandering
Souldiers
and
Mariners
.
-
22
Taking
away
any
person
in
Cumberland
.
-
23
Committing
of
Murther
,
Poyson
,
Burglarie
.
-
24
Stealing
of
a
Horse
.
-
25
Stealing
of
goods
in
one
Countie
,
and
carrying
them
into
another
.
-
26
Robbing
of
houses
,
booths
,
tents
.
-
27
Robbing
of
a
house
in
the
day
.
-
28
Commandement
or
counsell
of
Felony
.
-
29
A
Lord
of
the
parliament
shall
haue
the
benefite
of
his
Clergie
.
-
30
The
Indictment
must
be
according
to
the
Statute
.
-
The
words
of
the
Indictment
must
be
proued
.
-
31
When
Clergie
shall
be
demaunded
.
-
Clergie
demaunded
before
verdict
.
-
32
Denying
to
be
a
Clarke
,
and
yet
is
.
-
Whether
Clergie
be
allowable
without
request
.
-
33
Who
shal
allow
of
Clergy
.
-
34
A
Felon
readeth
vnder
the
Gallowes
.
-
35
To
what
vse
the
Ordinarie
is
imployed
.
-
Clerkes
within
orders
shall
be
vsed
as
others
be
.
-
36
What
is
reading
as
a
Clerke
.
-
37
The
Ordinaries
attendance
requisit
.
-
Contention
who
is
Ordinarie
.
-
38
A
Priest
shall
haue
no
fetters
.
-
39
Bigamus
shall
haue
his
Clergie
.
-
40
Another
time
conuict
.
-
How
the
conuict
shall
be
marked
.
-
How
offendors
within
orders
shal
be
vsed
.
-
41
Certificat
into
the
K.
Bench
of
Outlawries
,
Attainders
,
and
Conuictions
.
-
42
A
Clarke
deliuered
to
the
Ordinarie
.
-
Clergy
allowed
without
deliuery
to
the
Ordinary
.
The
Kings
Pardon
.
Fol.
218.
-
1
The
Kings
oath
at
his
Coronation
touching
pardons
.
-
2
None
but
the
King
can
pardon
Felonies
.
-
3
In
what
cases
the
King
may
graunt
pardon
.
-
4
Non
obstante
in
a
pardon
.
-
The
Suggestion
shall
bee
comprised
in
the
pardon
.
-
5
The
offences
shal
be
specified
in
the
pardon
.
-
6
Suit
for
an
approuers
pardon
.
-
7
Pardon
of
the
Felony
,
but
not
of
the
attainder
.
-
8
Pardon
of
the
attainder
,
but
not
of
the
Felony
.
-
9
A
ioynt
pardon
to
two
or
three
.
-
10
A
graunt
to
be
quit
of
escapes
of
Felony
.
-
11
A
generall
pardon
by
Parliament
.
-
12
The
Kings
pardon
must
be
shewed
vnder
Seale
.
-
A
writ
of
the
allowance
of
the
Kings
pardon
.
-
13
He
that
hath
a
Pardon
shall
find
sureties
of
his
good
abearing
.
-
14
The
good
behauior
broken
after
pardon
.
-
15
A
Charter
of
Pardon
must
agree
with
the
indictment
.
-
16
The
pardon
and
allowance
entred
vpon
the
appeale
.
-
17
The
Kings
pardon
in
plea
in
appeale
.
-
18
Vpon
a
Pardon
a
Scire
facias
awarded
against
an
Appellant
.
-
19
Nonsute
doth
not
aid
an
appellee
that
is
outlawed
.
-
20
The
Kings
Protection
.
-
21
Pardon
of
a
Felony
before
it
be
committed
.
Standing
mute
,
or
answering
indirectly
.
Fol.
222.
-
1
Standing
mute
,
whereupon
paine
fort
&
dure
doth
ensue
.
-
2
Felons
refusing
lawfull
triall
.
-
3
Pennance
onely
vpon
an
Indictment
.
-
4
Pennance
for
Pyracie
.
-
5
No
pennance
for
High
Treason
.
-
6
No
pennance
for
a
man
before
attainted
.
-
7
Standing
mute
after
confession
.
-
8
Inquire
of
him
that
standeth
mute
.
-
9
The
iudgement
in
pennance
.
Judgement
and
Execution
.
Fol.
224.
-
1
Iudgement
where
the
prisoner
is
acquited
.
-
2
The
iudgement
of
a
man
attainted
of
high
Treason
.
-
3
The
iudgement
of
a
woman
attainted
of
Treason
.
-
4
The
iudgement
of
a
man
attainted
of
petit
Treason
.
-
5
The
iudgement
of
a
woman
attainted
of
Felony
.
-
6
The
iudgement
in
misprision
of
Treason
.
-
7
Attainder
of
Treason
by
the
common
Law
.
-
8
The
iudgement
of
pennance
,
viz.
of
paine
for
t
&
dure
.
-
9
Iudgement
in
Felony
by
Iustices
of
Nisi
prius
.
-
10
Iudgement
by
new
Iustices
.
-
11
Iudgement
in
petit
Larcenie
.
-
12
The
staying
of
a
womans
execution
,
being
with
child
.
-
13
A
man
hanged
,
falleth
down
before
he
be
dead
.
Forfeiture
.
Fol.
226.
-
1
A
Felon
shall
forfeit
lands
and
goods
.
-
2
Forfeiture
of
goods
.
-
Flying
for
the
Felony
.
-
3
The
Accessarie
fled
for
the
Felony
.
-
4
Forfeiture
for
petite
Larcenie
.
-
5
Forfeiture
for
flying
before
arrest
.
-
Forfeiture
without
Attainder
.
-
6
Forfeiture
vpon
the
exigent
awarded
.
-
7
No
forfeiture
to
the
accessarie
,
vntill
the
principall
be
attainted
.
-
8
For●eiture
notwithstanding
apparance
and
pleading
.
-
9
Forfeiture
of
a
Clarke
conuict
.
-
Of
him
that
committeth
Homicide
by
misaduenture
.
-
Of
him
that
killeth
in
his
owne
defence
.
-
Of
Felo
de
se
.
-
Of
him
that
doth
stand
mute
.
-
10
Forfeiture
of
a
right
or
action
.
-
No
payment
of
Attainteds
debts
.
-
11
Forfeiting
of
goods
,
wherin
the
offendor
hath
no
propertie
.
-
12
A
Felon
attainted
at
the
suit
of
one
,
where
moe
were
to
sue
.
-
13
Forfeiture
of
other
mens
goods
,
and
his
owne
.
-
14
The
forfeiture
where
a
woman
killeth
her
husband
.
-
15
An
Executor
shall
not
forfeit
his
Testators
goods
.
-
16
The
forfeiture
of
goods
holden
ioyntly
.
-
17
Confiscation
of
goods
.
-
Confiscation
of
his
own
goods
by
disclaymer
.
-
18
Confiscation
by
disclaimer
in
the
goods
of
others
.
-
19
Confiscation
of
goods
left
out
of
an
Appeale
.
-
20
Confiscation
of
goods
by
a
false
Appeale
.
-
21
A
Waife
,
and
the
seising
thereof
.
-
22
The
owner
seiseth
his
goods
waiued
.
-
23
Sildome
waife
,
but
of
stoln
goods
.
-
When
waife
of
goods
not
stolne
.
-
24
No
waife
of
goods
stolne
from
an
alien
.
-
25
Forfeiture
of
lands
.
-
Tenant
for
yeares
.
-
Tenant
for
life
,
or
in
taile
.
-
Tenant
in
the
right
of
his
wife
,
or
Church
.
-
26
Forfeiture
of
Landes
intailed
.
-
27
The
forfeiture
of
landes
in
fee
simple
.
-
The
forfeiture
of
an
Annuitie
.
-
28
The
forfeiture
of
Title
to
land
.
-
29
The
forfeiture
of
Euidence
.
-
30
Forfeiture
without
attainder
.
-
31
Forfeiture
of
the
yeare
,
day
,
and
wast
.
-
32
By
what
meanes
the
King
came
by
the
yeare
,
day
,
and
wast
.
-
33
The
yeare
,
day
,
and
wast
of
lands
,
of
what
title
shall
be
forfeit
.
-
34
No
yeare
,
day
,
and
wast
of
lands
holden
by
ioint
purchase
.
-
35
Whether
any
Forfeiture
shall
bee
made
by
Tenant
in
taile
.
-
A
Disseisor
.
-
Tenant
in
fee
farme
.
-
A
Mortgage
.
-
36
Forfeiture
of
tenant
in
auncient
demesne
.
-
37
The
yeare
,
day
,
and
wast
forfeited
without
attainder
.
-
38
No
yeare
,
day
,
and
wast
of
a
Clarke
conuict
.
-
Lands
of
small
value
.
-
39
When
the
king
shall
haue
the
yeare
,
day
,
and
wast
.
-
40
The
yeare
,
day
,
and
wast
not
grauntable
from
the
Crowne
.
-
41
What
goods
of
Felons
the
king
shall
haue
.
-
42
From
what
time
the
forfeiture
of
lands
shall
haue
relation
.
-
43
From
what
time
the
forfeiture
of
goods
shall
haue
relation
.
-
44
who
shall
seise
and
keepe
Felons
goods
,
and
when
.
-
45
The
goods
of
an
offendor
shall
not
bee
seised
vntill
he
be
attainted
.
-
46
Who
shall
haue
the
custody
of
Felons
goods
.
-
47
To
whom
the
forfeiture
of
lands
of
a
person
attainted
of
high
Treason
shall
accrue
.
-
48
Who
shall
haue
the
forfeiture
in
petite
Treason
and
Felonie
.
-
49
The
Lords
remedy
for
lands
escheated
vnto
him
.
-
50
The
heires
remedie
for
lands
escheated
vnto
his
auncestor
.
-
51
Where
the
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
C●●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
.