Kirton versus Hoxton, and others.
10. IN an Appeal of Mayhem brought by Kirton Plaintiff, against * 1.1 Rob. Hoxton Esq and divers other Defen. the one of the Defen. plead Nul tiel in rerum natura, as another of the Appellees, and if it be not found then as to the Felony and Mayhem not guilty: Agreed by the whole Court that such a manner of pleading is not to be suffered in an Appeal of Mayhem, because no life is put in danger by the suit: And yet it was objected that there are presidents, that such form of pleading hath been admitted in Appeals of Mayhem. But the Court had respect to it, that the reason in all the Books of Law in which it hath been admitted in an Appeal of death, and the like, is, that it stands in Favorem vitae, and therfore it is admitted to be good, or otherwise by the Books, it shall not be admitted to be so, for the doublenesse of it: But no life is to be put in ••e••pardy in this case, and therfore such a plea shall not be admitted, but the Not guilty shall stand, by which the other plea is waived.