Iurors to enquire of riots rout or vnlawfull assembly shall be committed which shall be returned by the Sherife to enquire thereof shall haue lands and tenements within the same shire to the yearely value of xx s. of Charter land or freehold or twentie sixe shillings eight pence of copiehold or of both aboue all charges But in that case by the Statute of Anno 2. H 5. St. 2. H. 5. 8. if they be returned by the Coroners then euery of them shall haue lands and tenements or rents to the yearely value of tenne pounds at the least By the Statute of Anno 1. St. 1. R. 3. 4. R. 3. it was enacted That no officer shall returne in any panell to be taken or put in Iurors in the sherifs Turne or vpon any inquisition or inquirie before the Sherife in his Turne other than such which bee of good name and fame and which haue lands or tenements of freehold within the same countie to the yearly value of xx s̄ at the least or else copyhold lands to the yearely value of xxvj s̄ viij d. at the least aboue all charges By the Statute of An̄ 8. H. 6. Sta. 8. H. 6. 9 it was prouided That euery person which shall be returned to inquire of any forcible entrie into lands Iurors to inquire of forcible entrie or detayning of lands by force shall be a sufficient indifferent person and shall haue lands and tenements to the cléere yearely value of xl s̄ By the Statute of An̄ 1. H. 8. it was established Sta. 1. H. 8. 8. That euery Iuror which is returned before any escheator Iurors returned before Escheators or commissioner to inquire of lands or tenements or some other to his vse shall haue lands or tenements of the yearely value of xl s. aboue all charges in the same shire where the inquirie shall be made St. 11. H. 7. 21. 23. H. 8. 3. 37. H. 8. 5. And by the stat made An̄ 11. H. 7. An̄ 23. H. 8. An̄ 37. H. 8. The Iurors returned vpon an attaint in London or els where shal be of more or greater ability in lands tenements goods or cattels then is before specified 16 The law hauing first vsed al good deuises to cause shirifes vndershirifes Bailifes of liberties coroners al others authorized to return impannel Iuries to be indifferent to returne the said Iuries Iurors without al partiality that they shal be no furtherers maintainors nor assistors to periury subornation or embracery also hauing prouided that all those Iurors which be so returned vpon Enquests to try issues betwéen party party may again one by one be sifted tried examined whether they standing vnsworne be indifferent or not She doth then expect to receiue from those Iurors Veredictū a true tale that is to say a true verdit or presentment of such things as be giuen them in charge according to their euidence But if the same Iurors will decline from truth and make a false presentment contrarie to their euidence then is it not to be termed Veredictum but Periurium and it will be returned to them as Maledictum for by the common Law they being attainted by the verdict of xxiiij other Iurors shall receiue a cursed and villanous iudgement therefore viz. the said Iurors shall loose the fréedom of the Law their wiues children shall be thrust out of their houses Fit Ass 396. 46. Ed. 3. 23. 42. Ed. 3. 26 6. Assi◠p. 7. 30. Ass p. 24 40. Ass p. 20. 41. Ass p. 18. Li. Int. fo 92 The iudgement in an at the common law of a Iury proued periured their houses shall be pulled downe to the ground their orchards gardens shall be supplanted their trées shall be digged vp by the roots their meadowes shall be eyred vp All the goods cattels which they had at the time of the Attaint brought or at any time after shal be forfeited to the King The King shall haue all the profits of their lands during their liues And they shall be committed to perpetuall prison Which iudgement was deuised many yeres put in execution to the intent it might be knowen how much the common Law did detest and punish wilfull Periurie and falshood in those who shée trusted in place of justice and from whom shée accompted to receiue truth 17 But sithence by the Statute of An̄ 11. H. 7. and An̄ 23. H. 8. the said iudgement against a petit Iurie attainted is in some cases altered and qualified Sta. 11. H. 7. 21. for by the Statute of 11. H. 7. it is ordained That the party grieued by any false verdict giuen in any of the Courts of the Citie of London shall and may sue Attaint by Bill in the Hustings of London The iudgement in Attaint in London holden for common Pleas before the Maior Aldermen of the same Citie And if the graund Iurie sworne in the same Attaint find that the petit Iurie haue giuen an vntrue verdict then the iudgement shal be against the defendant as is vsed in attaint sued by writ at the common Law And the iudgement shall be against the petit Iurie that euery of them shall loose xx li. or more by the discretion of the Maior and Aldermen of the said Citie kéeping the Hustings to such vses as other issues and penalties béen forfeited in any action or plaint commenced before the Mayor and Aldermen of the said citie and his bodie to bee imprisoned there to remaine without baile or mainprise vj. moneths or lesse by the discretion of the Mayor and Aldermen and to be disabled for euer to be sworn in any Iurie before any temporall Iudge But the iudgement in such Attaint shall not extend to any lands or tenements St. 23. H. 8. 3 An. 13. El. 25. ne to other punishment of the petit Iurie And by the before mentioned Statute of Anno 23. H. 8. it was enacted That vpon euery vntrue verdit giuen betwéene partie and partie in any suit plaint or demaund before any Iustices or Iudges of Record where the thing in demaund and verdict thereupon giuen extendeth to the value of fourtie pounds An attaint where the thing eetendeth to xl l. and concerneth not the ieopardie of mans life the partie grieued by the same verdict shall haue a writ of Attaint against euery person so giuing an vntrue verdict and euery of them and against the partie which shall haue iudgement vpon the same verdict And euery one that shall passe in the same Attaint shall haue lands and tenements to the value of twentie markes by yeare of fréehold out of auncient demesne And if the graund Iurie find that the petit Iurie gaue an vntrue verdict then euery of the said petit Iurie shall forfeit twentie pounds whereof one halfe shall be to the King and the other halfe to him that sueth to be leuied by Capias ad satisfaciendum fieri facias
of the stat of 18. El. 14 Maintenance Champertie buying of titles Embracery haue bin accounted so offensiue professed enemies to the iustice peace of the realm that though by the stat of an 18. El. it is ordained Stat. 18. El. 5 That euery informer vpon any other penall stat shal exhibit his suit in proper person pursue the same onely by himselfe or by his Atturney in court and that none shal be admitted to pursue against any person vpon any penall stat but by way of information or originall writ and not otherwise nor shall haue any deputy at all And that vpon euerie such information which shal be exhibited a speciall note shall be made of the very day moneth yere of the exhibiting therof into any office or to any officer which lawfully may receiue the same without any maner of antedate to be made thereof And that vpon euery such proces shal be indorced aswel the parties name that pursueth the same proces as also the stat vpon which the information in that behalfe made is grounded and that no Informer or plaintife shall compound or agrée with any person that shall offend or shal be surmised to offend against any penal statute for such offence but after answer made in court vnto the information or suit in that behalfe exhibited or prosecuted nor after answer but by the order or consent of the court in which the same information or suit shal be depending Yet in the said stat of 18. El. there is a prouiso That it shal be lawfull for any person or persons grieued by means of any maintenāce chāpertie buying of titles or other embracery to pursue vpō any stat prouided against maintenance champerty buying of titles or embracery as he or they might haue done before the making of the said act Which prouiso was made to the end that all persons grieued by reasons of any maintenance champertie buying of titles or embracery should be left at libertie to pursue chasten the offendors therin by all such means as former laws haue authorised thē not be restrained by any of the ordinances or articles before rehearsed for that the said offēces were by the makers of the said stat adiudged to be greater impedimēts obstacles to the execution of iustice than other penal stat were 15 As the policie of the realme hath deuised the foresaid popular actions and suits to enable euery person that will Assurances to haue mainte void in diuers cases to pursue prosecute maintainors champertors buyers of pretenced rights c. to the intent the sooner to root out extirpat those offendors who indeuor to wrest the execution of lawes out of their due course to subuert iustice thereby to hinder the peace of the realme so hath it in some cases gone further ordained that some assurances made for maintenance shal be presently void as it appeareth by the stat of an 8. St. 8. H. 6. 9 H. 6. wherby it was enacted Lands gotten by force assured to haue maintenance That if any person after his entry into lands or tenements holden with force do make a feoffement or other discontinuance to any Lord or other person to haue maintenance or to toll defraud the possessor of his recouerie in any wise If alter in an Assise or other action thereof to be takē or pursued before the Iust of Assise or other the kings Iustices whatsoeuer they be by due inquiry therof to be taken the same feoffements and discontinuances may be duly proued to be made for maintenance as is aforesaid that then such feoffements or other discontinuances so as before made shall be void St. 4. H. 4. 8. holdē for none And by the stat made an 4. H. 4. it was established That if any man great or small of what estate or condition they be Lands forcibly gotten by maintenance make any forcible entry in his own right or to his own vse or in anothers right to his vse by the way of maintenāce therof is attained at the suit of the party grieued he shal be one yere imprisoned pay to the partie grieued his double dammages And also he shall answer to the partie grieued damages for his goods cattels if vpon the said forcible disseisin he tooke away any 16 As by the before mentioned stat maintenance champerty What maintenance is punishable and what iustifiable embracerie buying of titles be in generall termes deciphered together with their seuerall penalties so haue the learned Iudges Sages of the law expounded the particular branches of euery of those stat as they grew in question were prosecuted in suit before them also resolued what maintenance is punishable and what iustifiable who may pursue an action writ bill or information c. of maintenance champerty c. against whom the same is to be brought for what offēce or cause the same is maintenable what pleas are to be pleaded to the writ or in bar of the said actions writs informations c. what iudgemēt shall ensue thereupon As euerie champertie is an vnlawful maintenāce prohibited by the foresaid stat of West 1. West 2. 9. H. 6. 64. St. 28. E. 1. 11. and punishable according to the before rehearsed stat of An. 28. E. 1. and euerie chāpertie is a maintenance the partie grieued may haue aswel a writ of Maintenance as of Champertie for by that meanes the champertor hauing bargained to haue part of the land or thing in question doth ofttimes moue further the suit suborneth witnesses corrupteth the Iurie and so subuerteth iustice but there must be a suit depending before it can be adiudged maintenance in any sort for if one man wil giue money to another to beginne and prosecute a suit against a third person 3. H. 6. 55. 8. H. 5. 8. 10. Ed. 4. 19. 30. Ed. 3. 3. this is no maintenance for that this mony was giuen when there was no suit depending and if there be a writ brought and neuer returned it is no maintenance No maintenance in a Iuror for giuing his verdict 17 If there be a suit depending betwéene two and they do ioyne an issue 18. E. 4. 2. 28. H. 6. 6. which is tried by xij men found for the plaintife in this case the defendant cannot haue an action of maintenance against the said Iurors or any of them for this verdit giuē for that they gaue their verdit according to their euidence and their knowledge of the truth of the matter and besides they did not thrust thēselues into that cause but were compelled to appeare by an ordinarie course of law being impanelled returned by the Sherife or some other lawfull officer Maintenance by a Iuror suing for iudgement but if after the verdit giuen any of the Iurie wil solicit or labor to the Iudge or Iudges of the court where the said suit
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 Bâ—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 executioÌ„ 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 anÌ„ 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 theÌ„ 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
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 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 shalbée 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. â—1 but shal be kept by his neighbours all the time of his imprisonment and the Felon shal be maintained with them And according thereunto there is a writ in the Register Registrum viz. Quod tenementa bona taliter capta videantur imbreuiantur saluo custodiantur per balliuum ipsius capti qui securitatem Regiinueniet ei respondendi si c. saluis inde ipfi capto familiae suae necessarijs quamdiu fuerit in prisona By which writ it doth appeare and also by the assertions of Bracton and Britton that one which is indicted or imprisoned for Felony shall not 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 coÌ„mon law before did viz. to giue him the double value of his goods so takeÌ„ or seised where the common law gaue him the single value and partly to giue him a speedy remedy to recouer the same there was a stat made AnnÌ„ 1. R. 3. St. 1. R. 3. 3 by the which it is ordained That no Shirife Vndershirife Escheator Baylife of Franchise or other person shall take or seise the goods of any person arrested or imprisoned before the same person or persons so arrested or imprisoned be conuict or attainted of such felony according to the law of England or otherwise that the same goods be in some manner lawfully forfeited vpon paine to loose the double value of the goods so taken to him or them which be endamaged therby by action of Debt in this behalfe to be pursued by like proces iudgement execution as is commonly vsed in other actions of Debt pursued at the common law wherin no wager of law essoine or protection shall be allowed This stat of 1. R. 3. exteÌ„deth only to those that be arrested or imprisoned for notwithstanding this statute the shirife may seise the goods of them which be at liberty and indicted of felony at the second Capias by force of the stat of 25. E. 3. St. 2â— E. 3. 14 as it appeareth Appeales 59. 46 The custody of the goods of those which be conuict of Felony Who shal haue the custody of felons goods forfeited or which be Fugitiues after they be forfeited doth belong to the Towne where the same goods be or where the
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 mastâ—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
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
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 wâ—â—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 AnÌ„ 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. Whos 's 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 wheÌ„ 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 maÌ„ be rescued at the gallows or as he is in going to executioÌ„ this is within the compasse of this Statute Rescous after iudgement for the words of the Statute shal be inteÌ„ded aswell in the preter tence as in the present tence viz. as well of iudgemeÌ„t 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
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 an̄ 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 abiuratiō 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 abiuratiō 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 abiuratiō 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 abiuratiō 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 confessiō 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
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
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 an̄ 25. Ed. 3. 2. shal be onely that he shalbée 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 cōmitting any of the offences made high treason by either of the Stat. of an̄ 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
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
6. 28 for then was not the plaintife lawfully acquit according to the Statute of Westminst 2. Iudgement in conspiracie 12 When any is conuict in a writ of Conspiracie at the suit of the partie the iudgement is none other but that the plaintife shall recouer his damages 43. E. 3. 33. and that the defendants shall bée taken But if one be indicted and conuicted of conspiracie at the Kings suit the iudgement is more grieuous for then the iudgement is That they shall loose their frée law to the intent 27. As p. 59 46. As p. 11. 24. E. 3. 34. that they shall not after that time be put in Iuries or Assises nor otherwise produced as witnesses to testifie truth and if they haue to do in the Kings Court they shall make their Attourney to sue for them and that they shall not approach within twelue miles of the Kings Court and that their lands goods and cattels shall bée seised into the Kings hand and their houses wasted and their wiues and children thrust out of doores and their trées pulled vp by the rootes and their bodies taken and imprisoned And this is tearmed a villainous iudgement because it bringeth villanie and shame to him that receiueth it 13 And because that wicked offence of conspiracie should bee inquired of and punished as well by indictment as by writ there was a Statute made Anno 28. Ed. 1. called Articuli super chartas whereby it was ordayned St. 28. E. 1. That in right of Conspirators false informers and imbracers of Enquests Assises and Iuries the King hath prouided remedie by a Writ out of the Chauncery And from henceforth the King will that his Iustices of the one Bench the other and the Iust assigned to take Assises Inquirie of Conspiracies by Iustices when they come into the countrey to do their office shall make enquiry thereof at any mans plaint without writ Register fo 118. and shall without delay do right to the plaintifes And the Iustices may be commaunded by a writ directed vnto them out of the Chancery to execute the same statute although the statute of it selfe is a sufficient warrant and authoritie for them so to doe which remedie mentioned in the foresaid statute was intended to be ordained by another statute called the statute of Conspirators St. 20. E. 1. made Anno 20. Edw. 1. at Berwike vpon Tweed which doth prouide a writ of Conspiracie against conspirators maintainers of false quarels and champertors and expresseth the forme of that writ St. 28. Ed. 1 14 But because the foresayd Statute of Articuli super chartas did prouide onely a remedie at the plaint of the partie and did not giue the Iustices in the sayd Statute mentioned power to enquire of heare and determine conspiracies at the suit of the King neither did it giue authoritie to the said Iustices to adiourne the suit if for shortnesse of time it could not be determined in the countrey St. 4. E. 3. 11. Therefore by a statute made Anno 4. Edw. 3. Inquirie of conspirators at K. or parties suit the same enormities were redressed by these words viz. Where in times past diuers people of the Realme as well great as other haue made alliances confederacies and conspiracies to maintaine parties pleas and quarels whereby diuers haue béene wrongfully disherited and some ransomed and destroyed and some for feare beeing maymed and beaten durst not sue for their right nor complaine nor the Iurors of Enquests giue their verdicts to the great hurt of the people and slaunder of the Law and common right Therefore it is agréed that the Iustices of the one Bench and of the other and the Iustices assigned to take Assises whensoeuer they come to hold their Sessions to take Enquests vpon Nisi prius shall enquire heare and determine as well at the Kings suit as at the suit of the partie of such maintainers bearers and conspirators and also of champertors and of all other things contained in the sayd Article as well as Iustices in Eire should doe if they were in the same Countie And that which cannot be determined before the Iustices of the one Bench or of the other vpon the Nisi prius for shortnesse of time shall be adiourned into the places whereof they be Iustices and there shall be determined according to right and reason 15 Notwithstanding the foresaid Statutes there were such deuises and practises to execute malice and reuenge and desire to put others in perill of their liues lands and goods that some would frame indictments or appeales against others of the K. good and obedient subiects of Treason Felony or trespas in seuerall forrein counties liberties and franchises where the said persons did neuer dwel nor conuerse and there they were pursued to the Exigent and sometime outlawed before that they could know of it For the remedie whereof there was a stat St. 8. H. 6. 10 made Anno 8. H. 6. wherein amongst other things it was enacted That if any person shall be indicted or appealed of felony Procurers of an indictment or appeale in a forrein county treason or trespas in a forein county he shal in an action vpon the case recouer treble damages against euery procurer of such indictment or appeale after hee is duly acquited by verdict And the like proces shal be in the same as in an action of Trespas vi armis S. Appeales 61. An offence supposed to be in a place where there is none such 16 Because diuers people vpon malice enuie and desire of reuenge did ofttime cause the K. liege people to be appealed or indicted in diuers counties of Treasons or Felonies supposing by the said appeals or indictments that the said Treasons or Felonies were committed in one certaine place whereas there is no such place within the said county where the said indictmēt is found nor any such place in the county as is declared by the said Appeale Therefore by the stat made anno 7. H. 5. anno 9. H. 5. anno 18. H. 6. it was ordained St. 9. H. 5. 1. St. 18. H. 6. 12. That the said Appeals and indictments and the proces thereupon shal be void and adiudged of no force And that the said Appellées and Indictées may haue their writs of Conspiracie against their indictors procurors and conspirators and recouer their damages And that the indictors procurors and conspirators shal be punished by imprisonment fine and ransome for the K. aduantage by the Iustices discretion ⧠The Coroner and his Authoritie and dutie in Felonies c. 1 A Coroner is an antient officer of trust in this realm The Coroners Office ordained to be a principall preseruer and kéeper of the peace to make record of the pleas of the Crown and of his owne view and of abiurations and of outlawries and of Appeales and accusations of felons made before him and of nonsuits of plaintifes in Appeales and of all
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 cōmitted 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 hūdred 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