Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
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Title
Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
Author
Popham, John, Sir, 1531?-1607.
Publication
London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,
1656.
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Subject terms
Law reports, digests, etc. -- England.
Cite this Item
"Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed May 14, 2024.
Pages
Kirton versus Hoxton, and others.
10. IN an Appeal of Mayhem brought by Kirton Plaintiff, against 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.