No. IV.

21 Edw. I.

stat. 2.

No. V.

28 Edw. I.

st. 3. c. 3.

Of what things only the marshal of the King's house shall hold plea.

Which coro

ners shall inquire of the

death of a man slain within the verge.

II. Notwithstanding, let all such foresters, parkers, warreners, and all other, beware, that by reason of any malice, discord, debate, or other evil ' will or hatred had before time, they do not maliciously pretend against any person passing through their liberties, that they came thither for to trespass or misdo, when of truth they did nothing, nor were not found as trespassers, or intending to trespass, and so kill them; for if they do, and 'be convict thereupon, the death of such persons shall be inquired, and ' execution shall be done, in like manner as is done for other of the King's subjects standing in his peace, and like as it ought to be done of right, and according to the law and custom of the realm (1)."

[No. V. 28 Edward I. st. 3. c. 3. Of what things only the Marshal of the King's house shall hold plea. Which coroners shall inquire of the death of a man slain within the verge.

CONCERNING the authority of stewards and marshals, and of such pleas as they may hold, and in what manner, it is ordained, That from henceforth they shall not hold plea of freehold, neither of debt, nor of covenant, nor of any contract made between the King's people, but only ' of trespass done within the house, and of other trespasses done within the verge, and of contracts and covenants that one of the King's house shall have made with another of the same house, and in the same house, ' and none other where. And they shall plead no plea of trespass other 'than that which shall be attached by them before the King depart from 'the verge where the trespass shall be committed; and shall plead them speedily from day to day, so that they may be pleaded and determined before that the King depart out of the limits of the same verge where 'the trespass was done. And if it so be that they cannot be determined ' within the limits of the same verge, then shall the same pleas cease before ❝ the steward, and the plaintiffs shall have recourse to the common law. And from henceforth the steward shall not take cognizance of debts nor ' of other things, but of people of the same house, nor shall hold none other plea by obligation made at the distress of the steward and of the marshals. And if the steward or marshals do any thing contrary to this ordinance, it shall be holden as void. And forasmuch as heretofore many felonies committed within the verge have been unpunished, 'because the coroners of the country have not been authorized to inquire of such manner of felonies done within the verge, but the coroner of the King's house, which never continueth in one place, by reason whereof there can be no trial made in due manner, nor the felons put in exigent, nor outlawed, nor any thing presented in the circuit, the which hath been to the great damage of the King, and nothing to the good preservation of his peace; it is ordained, That from hence'forth in cases of the death of men, whereof the coroner's office is to 'make view and inquest, it shall be commanded to the coroner of the county, that he with the coroner of the King's house, shall do as be'longeth to his office, and inroll it. And that thing that cannot be deter'mined before the steward where the felons cannot be attached, or for ' other like cause, shall be remitted to the common law, so that exigents, 'outlawries, and presentments shall be made thereupon. in eyre by the coroner of the country, as well as of other felonies done out of the verge; nevertheless they shall not omit, by reason hereof, to make at'tachments freshly upon the felonies done.'

(1) By statute 3 and 4 W. and M. c. 10. sec. 5, owners of deer in any inclosed land, or any persons under them, may resist offenders in like manner as in ancient parks. And by 4 and 5 W. and M. c. 23. sec. 4, (post Part VI. Cl. 19, No. 28.) lords of manors, or any

others authorized by them, may resist offenders within their respective manors or royalties, in the same manner, and with equal indemnity, as if the fact had been committed in any ancient chase, &c.

6

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[No. VI.] 25 Edward III. st. 5. c. 2.-A Declaration which Offences shall be adjudged Treason.

[Inserted Ci. II. The Act includes the Case of Petty Treason, vide supra.]

No. VI.

25 Edw. III.

st. 5. c. 2.

No. VII.

12 H. VII.

c. 7.

his master.

[No. VII.] 12 Henry VII. c. 7.-Of Murder. WHERE abominable and wilful prepensed murders be by the laws of God and of natural reason forbidden, and are to be eschewed: yet not the less, many and divers unreasonable and detestable persons, lacking grace, wilfully commit murder, to the high displeasure of God, and contrary to all the laws abovesaid, and moreover against their natural and obliged duty, wilfully commit prepensed murder, in slaying their master, or their immediate sovereign under whom he or they be, or owe obedience, in trust to eschew the peril and execution of the law by the benefit of their clergy. In hope whereof, of late one James Grame, late of Lon- James Grame <don, yeoman, wilfully assented and prepensed the murder of one Richard murdered RiTracy gentleman, then his master, by him and his prepensed assent, the chard Tracy ninth day of February last past, at Brentwood in the county of Essex, murdered and slain, to the right perilous ensample of other evil disposed:' Wherefore, and in avoiding of like mischiefs to ensue, by the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, be it enacted, That the said James Grame, for the murder of the said Richard Tracy his late master, be attainted of the said murder as a felon that hath offended in petty treason; and that the same James, for the same murder, shall be drawn and hanged in such manner and form, as by the law of this land hath been used in such cases, as persons being no clerks, doing like murder, have or ought to be punished, any privilege of his clergy, or his demand of the same notwithstanding. Also be it ordained by the said authority, That if any lay No lay person person hereafter prepensedly murder their lord, master or sovereign imme- which doth diate, that they hereafter be not admitted to their clergy; and after con- purposely murviction or attainder of any such person so hereafter offending had after der his master, the course of the law, that the same person be put in execution as though &c. shall have his clergy,

he were no clerk.

[No. VIII.] 4 Henry VIII. c. 2.-Punishment of Murders. Causes of imboldening Men to commit Murders and Felonies. The Benefit of Clergy taken away from such as commit Murder or Felony in any Church, Highway, &c. Trial of a Felon pleading that he was taken out of a privileged Place in a Foreign Country.-For the Continuance hereof, see 22 H. 8. c. 2.

[No. IX.] 22 Henry VIII. c. 9.-Wilful Poisoning shall be adjudged High Treason, and the Offender therein shall be boiled to Death.

[No. X.] 23 Henry VIII. c. 13.-An Act for Trial of Murders in Cities and Towns.

No. X.

FORASMUCH as trials in murders and felonies in cities, boroughs, and towns corporate within this realm, having authority to proceed in the 23 H. VIII.

c. 13.

' deliverance of such offenders, been oftentimes deferred and delayed, by reason of challenge of such offenders, for lack of sufficiency of freehold, to the great hindrance of justice: It may therefore be enacted by au thority of this present Parliament, That every person and persons, being the King's natural subject born, which either by the name of a citizen, or Trial of felons of a freeman, or any other name, doth enjoy and use the liberties and pri- in corporate vileges of any city, borough, or town corporate, where he dwelleth and towns shall be

No. X.

23 H. VIII.

c. 13.

by men worth xl, li. in goods.

No. XIV.

2 & 3 E. VI. c. 24.

Trials of mur

ders may be in

several counties.

No indictment by the common law of the

death of him that is stricken in one county, and dieth in another.

maketh his abode, being worth in moveable goods and substance to the clear value of forty pounds, be from henceforth admitted in trial of murders and felonies in every sessions and gaol delivery, to be kept and holden in and for the liberty of such cities, boroughs, and towns corporate, albeit they have no freehold; any act, statute, use, custom, or ordinance to the contrary hereof notwithstanding,

II. Provided alway, That this Act do not extend, in any manner of wise, to any knight or esquire, dwelling, abiding, or resorting in or to any such city, town, or borough corporate; any thing in the same Act mentioned or declared to the contrary hereof notwithstanding,

[No. XI.] 24 Henry VIII. c. 5.-That a Man killing a Thief in his Defence, shall not forfeit his Goods.

[No. XII.] 33 Henry VIII. c. 12.-The Bill for the Household.

[Inserted in Cl. VI.]

[No. XIII.] 1 Edward VI. c. 12.-An Act for the Repeal of certain Statutes concerning Treasons and Felonies.

[Inserted Cl. II.]

[No. XIV.] 2 and 3 Edward VI. c. 24.-An Act for Trial of Murders and Felonies committed in several Counties. FORASMUCH as the most necessary office and duty of the Law is to preserve and save the life of man, and condignly to punish such persons that unlawfully and wilfully murder, slay or destroy men, and also 'that another office and duty of law is to punish robbers and thieves, 'which daily endeavour themselves to rob and steal, or give assistance to 'the same, and yet by craft and cautele do escape from the same without punishment:

II. And where it often happeneth and cometh in ure in sundry counties of this realm, that a man is feloniously stricken in one county, and after dieth in another county, in which case it hath not been founden by the laws or customs of this realm, that any sufficient indictment thereof can be taken in any of the said two counties, for that by the custom of this realm the jurors of the county where such party died of such stroke, can ' take no knowledge of the said stroke being in a foreign county, although the same two counties and places adjoin very near together; ne the 'juries of the county where the stroke was given cannot take knowledge of the death in another county, although such death most apparently came of the same stroke: So that the King's Majesty within his own realm cannot, by any laws yet made or known, punish such murderers or manquellers, for offences in this form committed and done; nor any appeal at some time may lie for the same, but doth also fail, and the said 'murderers and manquellers escape thereof without punishment, as well in cases where the counties where such offences be committed and done may join, as otherwise where they may not join. And also it is a common practice amongst errant thieves and robbers in this realm, that after they have robbed or stolen in one county, they will convey their spoil, or part thereof so robbed and stolen, unto some of their adherents into some 'other county where the principal offence was not committed ne done, who knowing of such felony, willingly and by false covin receiveth the same: In which case, although the principal felon be after attainted in one county, the accessary escapeth by reason that he was accessary in another county, and that the jurors of the said other county, by any law yet ⚫ made, can take no knowledge of the principal felony ne attainder in the 'first county, and so such accessaries escape thereof unpunished, and də

7

c. 24.

' often put in ure the same, knowing that they may escape without pu- No. XIV. nishment: For redress and punishment of which offences, and safeguard of man's life, be it enacted by the authority of this present Parliament, 2 & 3 E. VI. That where any person or persons hereafter shall be feloniously stricken or poisoned in one county, and die of the same stroke or poisoning in another county, that then an indictment thereof founden by jurors of the county The trial of a where the death shall happen, whether it shall be founden before the co- manqueller roner upon the sight of such dead body, or before the justices of peace, or that poisons or other justices or commissioners which shall have authority to enquire of strikes a man such offences, shall be as good and effectual in the law, as if the stroke of in one county poisoning had been committed and done in the same county where the party shall die, or where such indictment shall be so founden; any law or usage to the contrary notwithstanding.

which died

thereof in another.

III. And that the justices of gaol delivery and Oyer and Terminer in the Where an apsame county where such indictment at any time hereafter shall be taken, and peal of murder also the justices of the King's Bench, after such indictment shall be removed in the case before them, shall and may proceed upon the same in all points, as they aforesaid shall should or ought to do, in case such felonious stroke and death thereby en- be pursued. suing, or poisoning and death thereof ensuing, had grown all in one and the same county: And that such party to whom appeal of murder shall be given by the law, may coinmence, take and sue appeal of murder in the same county where the party so feloniously stricken or poisoned shall die, as well against the principal and principals as against every accessary to the same offences, in whatsoever county or place the accessary or accessaries shall be guilty to the same. And further, the justices before whom any such appeal Appeal against shall be commenced, sued and taken, within the year and day after such mur- the accessary, der and mauslaughter committed and done, shall proceed against all and every such accessary and accessaries in the same county where such appeal shall be so taken, in like manner and form as if the same offence or offences of accessary or accessaries had been committed and done in the same county where such appeal shall be so taken, as well concerning the trial by the jurors, or twelve men of such county where such appeal or appeals shall be hereafter taken upon the plea of not guilty pleaded by such offender or offenders, as otherwise.

lony done in another.

IV. And further be it enacted by authority aforesaid, That where any Trial of an acmurder or felony hereafter shall be committed and done in one county, and cessary in one another person or mo shall be accessary or accessaries in any manner of county to a fewise to any such murder or felony in any other county, that then an indictment found or taken against such accessnry and accessaries upon the circumstance of such matter before the justices of the Peace, or other justices or commissioners, to enquire of felonies in the county where such offences of accessary or accessaries in any manner of wise shall be committed or done, shall be as good and effectual in the law, as if the said principal offence had been committed or done within the same county where the same indictment against such accessary shall be found: And that the justices of gaol-delivery, or Oyer and Terminer, or two of them, of or in such county where the offence of any such accessary shall be hereafter committed and done, upon suit to them made, shall write to the Custos Rotulor', or keeper of the records, where such principal shall be hereafter attainted or convicted, to certify them whether such principal be attainted, convicted or otherwise discharged of such principal felony; who upon such writing to them or any of them directed, shall make sufficient certificate in writing under their seal or seals to the said justices, whether such principal be attainted, convicted or otherwise discharged or not. And after they that so shall have the custody of such records, do certify that such principal is attainted, convicted or otherwise discharged of such offence by the law; that then the justices of gaol-delivery, or of Oyer and Terminer, or other there authorized, shall proceed upon every such accessary in the county where such accessary or accessaries became accessary, in such manner and form as if both the said principal offence and accessary had been committed and done in the said county where the offence of accessary was or shall be committed or done: And that every such accessary, and other offenders above expressed, shall answer upon their arraignments, and receive such trial, judgment, order and execution, and suffer such forfeitures, pains and penalties, as is used in

No. XIV.

2 & 3 E. VI. c. 24.

No. XV.

4&5 P. & M. c. 4.

Accessaries in petty treason, felony, murder, shall not have their clergy.

Trial of a lord by his peers.

| No. XVI.

1 James I. c. 8.

Clergy taken from him that

doth stab ano

ther having not a weapon drawn.

other cases of felony; any law or custom to the contrary heretofore used in any wise notwithstanding.

[No. XV.] 4 and 5 Philip and Mary, c. 4.-An Act that Accessaries in Murder and divers Felonies shall not have the Benefit of Clergy.

FOR the due punishment of such as command, counsel or hire any person or persons to commit, perpetrate or do any petty treason, wilful murder, or any of the offences in this present Act mentioned: Be it enacted by the authority of this present Parliament, That all and every person and and persons, that after the first day of March next coming shall maliciously command, hire or counsel any person or persons to commit or do any petty treason, wilful murder, or to do any robbery in any dwelling-house or houses, or to commit or do any robbery in or near any highway in the realm of England, or in any other the Queen's dominions, or to commit or do any robbery in any place within the Marches of England against Scotland, or wilfully to burn any dwelling-house or any part thereof, or any barn then having corn or grain in the same; that then every such offender or offenders, and every of them being outlawed thereof, or being thereof arraigned and found guilty by the order of the law, or being otherwise lawfully attainted or convicted of the same offence; or being arraigned thereof do stand mute of malice or froward mind, or do challenge peremptory above the number of twenty persons, or will not answer directly to such offence, shall not have the benefit of his or their clergy.

II. Provided always, and be it enacted, That every lord and lords of the Parliament, and peer and peers of the realm, having place and voice in the Parliament, upon every indictment for any of the offences aforesaid, shall be tried by their peers, as hath been accustomed by the laws of this realm.

[No. XVI.] 1 James I. c. 8.-An Act to take away the Benefit of Clergy for some Kind of Manslaughter *.

TO the end that stabbing and killing men on the sudden, done and committed by many inhumane and wicked persons, in the time of their rage, ⚫ drunkenness, hidden displeasure, or other passion of mind, contrary to the ' commandment of Almighty God, and the common peace and tranquillity ' of this realm, may from henceforth be restrained through fear of due pu'nishment to be inflicted on such cruel and bloody malefactors, who here'tofore have been thereunto emboldened by presuming on the benefit of clergy:'

II. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, That every person and persons which after one month next ensuing the end of this present Session of Parliament, shall stab or thrust (1) This statute was made upon the spur of mon law, will serve to justify, excuse, or althe times, on account of the quarrels between leviate, on a charge of murder, have always the English and the Scotch, upon the first had their due weight in prosecutions groundunion of the two Crowns, and in order to ob- ed on the statute; 1 East, P. C. c. 5. § 28. viate the inconvenience arising from the compassion of juries, who were apt to consider that to be a provocation for extenuating murder, which was not so in law. It was agreed by the judges in Lord Morley's case, that the statute was only declaratory of the common law; and Mr. Justice Foster, in commenting upon it, has in conformity with this opinion declared, that whenever the defendant is indicted at common law, and also upon the statute, the question most worthy of consideration is, whether the fact upon the evidence be murder at the common law, or not? In all cases of doubt, therefore, the construction upon the statute ought to be in conformity with the benign principles of the common law; and all circumstances which, at com

(1) The statute is confined to the very person stabbing or thrusting, and does not extend to others aiding or abetting; 1 Hale, 468; Foster, 355.-The thrusting with a stick or other blunt weapon seems within the statute so shooting with fire-arms, or sending an arrow out of a bow, or using any device of that kind, holden in the hand of the party at the instant of discharging it: but Qu. as to the case of a pistol, or a blow with a sword. Where the weapon is delivered out of the hand at the time the stroke is given, as by casting a hammer, or where a sword was thrown twenty yards, it has been thought that the case was not within the statute; see 1 East, P. C. c. 5. 29, and the authorities there referred to.