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.

25. H. 8 cap. 3. Reuiued. 5. E. 6 cap. 10. One arraigned vpon an enditement of pety Treason, wilfull burning of houses, mur∣der, robberie, or other felonie, according to the meaning of the same Statute, if he stand mute of malice, or froward of mind, or chal∣lenge peremptorily aboue xx. or will not di∣rectly answer, shall lose his Clergie, in such manner as hee should if vpon the arraign∣ment he had beene found guiltie.

25. E. 3. pro clero, cap. 4. Conuict of pety Treason shall haue it.

18. Eliz. cap. 6. None in felonious Rape, Rauishment, nor Burglarie.

18. Eliz. cap. 6. None in carnall abusing a woman within ten yeares of age.

25. H. 8. cap. 6. 5. Eliz. cap. 17. None in Buggerie.

5. E. 6. cap. 9. None for him that robbeth any person in any part of his dwelling house, booth, or Tent, in any Faire or Mar∣ket, himselfe, his wife, children, or seruants then beeing there, or within the precinct thereof, either sleeping or awake.

4. & 5. Ph. & Ma. cap. 4. None for him that maliciously commandeth or hireth a∣ny to commit petie Treason, or wilful mur∣der, or robberie, in any dwelling house, or in or neere any high way, or within the mar∣ches of England against Scotland; or wil∣fully to burne any dwelling house, or any part thereof, or any Barne hauing corne therein.

25. H 8. cap. 3. & 5. E. 6. cap. 10. He that doth a robberie or burglarie in one Coun∣tie, and is taken with the goods so robbed or stolne, in another Countie, shall lose his Clergie there, as he should doe where the robberie or burglarie was committed.

4. H. 7. cap. 13. 1. E. 6 cap 12. Grantable but once to one person, except he be within orders.

4. H. 7. cap. 13. He that asketh his Clergy the second time shall at a day certaine bring his letters of order, or a certificate.

4 H. 7. cap. 13. He that hath his Clergie shall be marked in the hand, with an M. if he were conuict of murder, with a T. if he were conuict of other felonie.

1 E. 6. cap. 12. Lords of the Parliament in all cases where Clergie lyeth at the com∣mon Law, or is restrained by Statute, shall vpon his prayer bee adiudged as a Clarke conuict, though he cannot reade.

8. Eliz. ca. 4. & 18. Eliz. ca 7. After purga∣tion he shall be put to answer to any such offence (committed before his admission to the Clergie) whereupon Clergie is not al∣lowable, and whereof hee was not before endited and acquited, conuicted or attain∣ted, or pardoned, and shall be demeaned in all things, as if he had neuer beene admit∣ted to his Clergie.

18. Eliz. cap 7. He that is allowed Cler∣gie shall not be deliuered to the ordenarie, but after burning in the hand shall be de∣liuered forthwith by the Iustices out of pri∣son: yet for further correction, they may detaine him in prison, so that it be not a boue a yeare.

Outlawry is a Iudgement, which in case of criminall offences wee call an At∣tainder in it selfe. So as hee which is endi∣ted of trespasse and outlawed shall pay a fine, he which is outlawed for felonie, for∣feiteth his lands and goods: and this fine and forfeiture remaineth, though hee pur∣chase a Charter of pardon afterwards. And there is a writ of Eschete of land for felony, pro qua vt lagatus fuit.

So is abiucation an Attainder in it self (and (a) 1.1 that the strongest that can be be∣ing by his owne confession) and a (b) 1.2 for∣feiture of his lands. And there is a writ of Eschete of land for felonie, pro qua abiura∣nit regnum. And therefore (c) 1.3 he that is han∣ged vpon Iudgement against him, and be∣commeth aliue againe, cannot abiure (but

an abiuration in that case is in escape) for one cannot haue two Iudgements for one offence.

The offendor vpon a presentment in the Leet or sherifes turne shall be amerced. * 1.4

The defend ant in an appeale of felony, being acquited shall haue Iudgement also to recouer damages against the Plaintife. * 1.5 And if the plaintife be not sufficient, then Common Law and common reason will that hee recouer his damages against those that procured or abetted the plaintife to pursue the appeale. But these damages a∣gainst the procurers or abettors were to be recouered at the Common Law onely, by writ originall, that is to say, by writ of con∣spiracie, and not otherwise.

Notes

• (a) 1.1

  Stam. 122. c.
• (b) 1.2

  4. Eli. Pl. 262.
• (c) 1.3

  3. E. 3. Cor. 33••
• * 1.4

  2. H. 4. 24. 8. R 2. auowry 194
• * 1.5

  Stam. 167. c. Stam. ibid.