Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Westm. 1. ca. 12. Notorious felons which

will not put themselues vpon an enquest at the Kings suit against them, shall be put to a paine sort & dure, as those which refuse to be tried by the Law of the land.

One that flyeth to a church (a) 1.1 or church∣yard, & confesseth before the Coroner when he cometh, the certaintie of any barre, felo∣nie, where life or member is to be lost be∣fore he be thereof attainted, whether vpon an enditement or appeale, as that he hath * 1.2 stolne such or such a thing, killed such or such a man. But at the first taking of the * 1.3 Church, it is enough to say he taketh it for a felonie, which hee hath committed gene∣rally may abiure, and so saue himselfe But not in case of high Treason, or petie trea∣son, for the Coroner cannot attaint him vp∣on his confession thereof, because he is not his Iudge of such a crime: neither can be his Iudge as he is Coroner, although he haue a Commission from the King to do it. And if the offendor, being in the Church, will of purpose confesse a felony, to the entent to escape of treason, yet if the Coroner haue information that he is charged with a trea∣son, he may not suffer him to abiure. And that for the Kings aduantage, who is to take more benefit if he be attainted of trea∣son then of felonie, because of the eschete. The same law it is of petie treason, for the Coroner can no more record his confession of that then of high Treason: neither may the Coroner if he be enformed that he haue committed petie Treason, suffer him to ab∣iure

of felony, and that in respect of the hei∣nousnesse of the offence, notwithstanding * 1.4 the King be to haue no more aduantage in petie treason then in felonie. Neither can a man abiure for petie larcenie, because he is not to suffer death for it likewise.

Abiuration is his (a) 1.5 oath before the Co∣roner himselfe to depart the Realme for e∣uer at the time and place set him: going the direct way thither: tarrying there but one floud and ebbe if he can haue passage: and till he can so passe going euery day into the sea vp to his kners to assay if he may passe ouer, and if he cannot passe within xl. daies then to put himself againe into the Church as a felon, &c. And this abiuration is an (b) 1.6 attainder in it selfe (and that the strongest that can be, being by his owne confession) and a (c) 1.7 forfeiture of his lands. And there is a writ of eschete of land for felonie, pro qua abiurauit regnum. And therefore he (d) 1.8 that is hanged vpon iudgement against him, and becommeth aliue againe, cannot abiure (but an abiuration in that case is an escape) for one cannot haue two iudge∣ments for one offence.

Notes

• (a) 1.1

  The Stat. 32. H. 8 cap. 21. so reciteth it.
• * 1.2

  Stam. 119. b.
• * 1.3

  Stam. 116.
• * 1.4

  Br. Coro. 182.
• (a) 1.5

  Stam. 119. b.
• (b) 1.6

  Stam. 122. c.
• (c) 1.7

  4. El. Pl. 262.
• (d) 1.8

  3. E. 3. Co 33. f