The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCXCII. Ognell and Trussell's Case. Mich. 30 Eliz. In the Star-Chamber.

A Bill was Exhibited in the Star-Chamber, by Ognell of Lon∣don, against one Trussell of Warwickshire; setting forth such matter, That whereas the said Trussell had for good Consi∣deration sold and assured unto the said Ognell a Mannor: Now, to gratifie a great person who earnestly desired the said Mannor, he for effecting thereof, practised by fraudulent means to avoid the said assurance; and practised by other persons to be Indicted of a

Robbery supposed to be committed before the said Assurance; and compounded with the Lord of the Fee, that if he be attainted, so that by such Attainder, the said Mannor should escheat to the said Lord, That he upon request should reassure to the said Trussell the said Mannor in Fee after Pardon obtained, which was promised to him by the said great Parsonage: Vpon which Indictment, Trussell was Arraigned, and Convicted upon Evidence; which he himself procured to be falsly given against him; And all that was, to extort the Land which was lawfully sold before. And upon the Bill, Trussell demurred in Law, because he is a person attainted of Felony, and so dead in Law, and therefore shall not be put to answer.

Hatton, Lord Chancellor, It is not reason that he be put to Answer, for Nemo tenetur seipsum prodere: And thereupon the Bill was referred to Anderson and Periam, Iustices, to Consider, If the Defendant should be put to answer, or not? Who certified unto the Court, That although the Defendant be attainted, ut su∣pra, and so, quodam modo, dead in Law to all intents; yet in Cri∣minal Causes, he shall answer, Wherefore it was ordered, That he answer accordingly.