THE READING OF M. ROBERT BROOK, sergeant of the Law, and RECORDER of LONDON, Upon the Stat. of MAGNA CHARTA, CHAP. 16. printer's or publisher's device LONDON, Printed by M. FLESHER, and R. YOUNG, and are sold by Laurence Chapman, and William Coke. Anno 1641. The Contents. Chap. I. OF high Treason. pag. 1 Chap. II. of petty Treason. pag. 3 Chap. III. of Murder, Manslaughter, and what not. pag. 4 Chap. iv. What acts and misdemeanours may be called Robbery, and what not; and what Felony, and what Burglary. pag. 9 Chap. V. Accessaries, and good Indictments, &c. pag. 14 Chap. VI. Arraignment of Felons, and what pleas they shall have, and what not; and where they shall be put to penance, and where not; and where a man shall be arraigned twice for one Felony; and where one's life shall be put twice in jeopardy for one felony. pag. 19 The Reading of m ROBERT BROOKE, sergeant of the Law, and Recorder of London, upon the Stat. of Magna Charta, the seventeenth Chapter. CHAP. I. of high Treason. INprimis, If any man imagine the death of the King, or of the Prince, or Princess, or of any that is heir apparent to the crown, it is high Treason. If any keep war against the King in his realm, 25. E. 3. it is high Treason by the Stat. of 25. E. 3. If any be aiders or assistants to the King's enemies, 23. E. 3. & either within the realm, or elsewhere, it is high Treason. If any affirm by writing, or other act, that the King is not supreme Head of the Church of England; or if any imagine to deprive the King of his estate royal, or of the titles of his realm, it is high Treason. If any to whom the crown is committed by Act of Parliament, 35. H. 8. cap. 1. usurp it, or demean it in other manner than is expressed in the Act, or will keep the King from it, it is high Treason by Stat. If any man kill the Chancellor, or Treasurer, or any of the Justices of one Bench or other, Justices of Oyer, Justices of Assize, or of Oyer and Terminer, sitting in their Offices, it is high Treason. If any counterfeit the Kings seal manual, Privy seal, or his Signet, it is high Treason. If any counterfeit the King's coin of this Realm, or of any other coin currant in England, or clip, wash, file, round, or diminish the said coin, it is high Treason. If any man bring false money or counterfeit into England, having knowledge of that money to be counterfeit, it is high Treason. If any man kill the King's Messenger in his message, it is high Treason. If any man kill one that rideth with men to aid the King, it is high Treason. CHAP. II Of petty Treason. IF the Wife kill the Husband, or the Husband the Wife; or the Servant his Master or Mistress, this is petty Treason. 12. E. 3. A woman of the age of thirteen years killeth her Mistress, 19 H. 6. this is petty Treason; but she shall not be hanged and drawn, 40. R. 2. but burnt. The Servant procureth another to kill his Master, 25. E. 3. which killeth him, it is not petty Treason in the Servant; for the principal is no traitor, and the accessary is no ways cast, and so they be both Felons. A man beateth his servant, which departeth from him, and after the end of his term he killeth him that was his Master in revenging his old quarrel, 30. E. 3. sol this is petty Treason; for the murder cometh of the malice that began in his service. A man marryeth his cousin, and she killeth him, this is not petty Treason, for they were never lawfully married. A man retaineth J. at S. to be his Steward of his Courts, 25. E. 3. and he killeth his Master, this is not Treason; for he is no servant that oweth to his Master obedience, as is contained in the Statute of 25. E. 3. If an infant of the age of ten years marry a wife of the age of nine years, 3. H. 7. and she killeth her husband, this is petty Treason, for at that age she shall be endowed. A man retaining a woman for 40. s. a year to be his Concubine, and she kill him, this is no Treason, for the retaining was not lawful, and therefore she was not his servant. The Husband and the Wife be divorced (causâ frigiditatis) and after she killeth her Husband, this is petty Treason, for that is but a divorce from table and bed, and matrimony doth continue, and therefore she ought to be faithful and obedient. The Husband and the Wife be divorced (causâ consanguinitatis) and after she killeth her Husband, this is no Treason; for the marriage was against the Law. A man marryeth with a Turk or a Jew, and she kills him, this is no Treason: for the marriage was unlawful. A villain killeth his Master, this is no Treason. The Tenant doth homage unto his Lord, and after killeth him, this is no Treason. A man hireth an infant of the age of 10. years, 28. E. 3. and he killeth his Master, & 2. H. 4. this is not Treason; for the retaining was void. CHAP. III. Of Murder, Manslaughter, and what not. WHat shall be said Murder, and what Manslaughter, and where a man may justify the killing of a man. A man is indicted of felony, 22. E. 3. and a Cap' is awarded to take him, and he resisteth; if the Officer kill him, he may justify it, if he could not otherwise take him. The Gaoler cometh into the prison, and findeth his prisoners at large, 22. E. 3. and breaking their fetters; if he kill them, he may justify that act, if he could not otherwise take them. A prisoner in ward for felony breaketh the prison, 22. E. 3. and escapes, and I. S. cometh to him, and cannot take him but by killing of him, and so doth kill him, this is justifiable. Two women fight, 22. E. 3. and I. S. cometh to part them, Manslaug 〈…〉 and one of them striketh I. S. and killeth him without malice, this is manslaughter and felony, and she shall die for it, for she seeth I. S. But quere if she had struck him behind his back, if it had been felony or not. A thief cometh to the house of I. S. and setteth fire on it, 25. E. 3. fol 〈…〉 and I. S. shooteth at him and killeth him, this is neither felony, murder, nor manslaughter. The Master and the Servant riding by the way, 25. E. 3. fol 〈…〉 a thief assaulteth the Master, and striketh the Master to death; the servant hastily to rescue his Master, killeth the thief, this is neither murder nor manslaughter. A thief assaulteth I. S. to rob him, 25. E. 3. fol 〈…〉 v●l. 22. and I. S. killeth him, this is neither murder nor manslaughter. A man goeth in an high way within a park, and the Keeper hath malice towards him, and cryeth to yield, and he will not, but standeth at defence, and the Keeper killeth him, this is felony of his death. An Infant within the age of discretion, (that is, nine years) killeth his companion, and after excuseth himself, 12. E. 3. fol. 30. this is felony of death; for by the excusing of himself it doth appear that he hath discretion to know good from evil. A man non sanae memoriae killeth a man, this is no felony, 21. H. 7. neither shall he die for it; for others of discretion cannot take example at him. A man killeth one that is outlawed of felony, this is not felony of death. A man that is deaf, 2. E. 3. fol. 3. dumb, and blind, killeth a man, 2. E. 3. fol. 3. this is neither felony, manslaughter, nor murder, causa qua supra. A man beateth a woman that is with child, and she laboureth, and the child is dead borne, this is neither murder nor manslaughter. 23. E. 3. fol. 2. A man cutteth a tree, and the branches of the tree fall upon I. S. 6. E. 4. fol. 8. and kill him, unknown to him that cutteth the tree, this is not felony, for it is not done with a felonious intent. A man shooteth at the pricks, and killeth a man, this is not felony; for the marks be certain, every man ought to keep himself off: but otherwise it is where the pricks be not certain, for than he that shooteth must take heed where he shoots. Two men fight, 6. E. 4. and one of them killeth I. S. being behind him as he striketh at his adversary, this is not felony, because he doth not see him: but otherwise it had been if he had seen him. A man hath judgement to be hanged, 3. H. 5. and the sheriff doth behead him, this is murder. A man striketh another down to the ground, and holding his dagger in his hand, the other, for haste to arise to strike him again, runneth upon his dagger and is killed, this is neither murder nor manslaughter in him that held the dagger. A man striketh another, 30. E. 3. fol. 3 〈…〉 which dyeth without a year and a day, it is neither murder nor manslaughter; for if he died out of the year, it shall be intended he died of the visitation of God, and not of the stroke. A man impaleth his ground, and putteth in his deer, and hath a Keeper to keep them, and I. S. cometh through the park, 23. and hunteth, and the Keeper cryeth unto him to yield him to the Keeper, and he will not, and the Keeper killeth him, this is murder per Statutum de malefactoribus in Parcis, and it is not material, be it by day or by night, for it is no Park if the Lord have not the King's letters Patents. A man perceiveth his Father to be sick, 2. E. 3. and under pretence of amity he carrieth him from town to seek physic, and killeth him by importunate carriage, this is murder. A Physician or Surgeon taketh a man in cure, 3. E. 3. which doth kill him by the insufficient medicine, this is not murder nor manslaughter. A man that is neither Physician nor Surgeon taketh upon him to know physic and Surgery, 3. E. 3. and taketh upon him the cure of men, and one dyeth for the insufficiency of medicine, this is murder. A man abjured going to his Port or Sanctuary, 10. H. 4. meeteth a man in the high way, and killeth him, this is murder, but he shall not be arraigned for it, for he had judgement of death before, and he shall not have another judgement of death before that he have avoided the first judgement. The Prince striketh a man of malice, which dyeth of the stroke, and the King dyeth, this is not felony, for by the death of the King the Prince is King, and cannot be a felon. A Turk or a Jew cometh into England without the King's licence, and I. S. killeth him, this is not felony; for he is neither or the faith of Christ, nor under the King's protection. I. S. ●1. E. 3. Deane of Paul's, and fourteen of the chapter steal sheep, this is not felony in the Body politic, but in their material bodies. A man cometh to a Park, and findeth the Keeper, and bindeth him to a tree, and gaggs him, this is murder if he die. CHAP. iv. What acts and misdemeanours may be called Robbery, and what not, and what Felony, and what Burglary. A Man assaulteth another to rob him, and taketh from him but one penny, this is robbery, and felony for the fear he putteth the other in. A man assaulteth another to rob him, and snatcheth at his purse, and taketh hold of his girdle, and the true man escapeth away with his purse, and the thief hath but the girdle, this is felony. A thief goeth by the high way, and findeth I. S. Nul Ley per Stat. de 4. E sleeping, and the thief taketh out of I. S. his purse 12. d. and leaves him sleeping, this is not felony; for I. S. was never put in fear of his life. A man meeteth his villain in the night, and taketh from him his horse, this is no felony; for he may take any thing away from him by way of seizure. Lord and Tenant: The Lord cometh to the house of the Tenant in the night, and taketh from him his bacon or his beef for rent, or service in arrere, this was not felony, for it was not with a felonious intent. A Writ is directed to the sheriff, to attach I. S. in a personal action, and coming in the night, findeth I. S. leading his horse in his hand, and tacheth I. S. by his horse, this is not felony, for he hath colour to take his horse by precept. A Tailor receiveth of I. S. cloth to make for him a coat, and the Tailor putteth in other lining then I. S. his lining; I. S. taketh the coat and lining from the Tailor, this is not felony; for the lining and the thread be of the same nature as the principal is, which is the coat. A man claimeth as heir lowmes after the death of his Father more stuff than he ought to have, and cometh in the night, and taketh them from the Executors by force, this is not felony; for he maketh title unto the goods. A man meeteth another in the night with a greyhound in his slip, 12. 〈…〉. 8. and assaulteth him to rob him of his dog, this is felony; although the taking of the dog without fear is not felony, yet because the party was put in fear of his life, it is felony. A man cometh into a wood, 32. E. 3. fol. 32. and cutteth and taketh away trees to the value of 20. s. it is not felony; for they be parcel of the Franktenement; but otherwise it is if a man steal away trees that be felled. If a man ravish a woman it is felony. A man cometh into an house to rob a man, and sudden fear taketh him, and he departeth without doing any harm, this is felony. A man cometh to the house of I. S. 1. H. 7. to arrest one S. for felony, and I. S. doth resist him, this is felony in I. S. A man is robbed, ●7. E. 3. and pursueth the felon, and arresteth him, and taketh his goods, and suffereth the felon to go, this is felony in him that was robbed. A man entreth into an house to rob, and nobody lieth in the house, 31. E. 3. and he retireth again, and taketh nothing; yet this is burglary and felony. A man taketh a flight of Doves in the field, this is no felony. A man stealeth fish out of my several ponds to the value of 13. 22. H. 8. d. this is felony; for the Stat. of 22. Auterment 〈…〉 per 5. El. ca. H. 8. which is revived, maketh mention, where a man hunteth with a vizard, or disguised. A man entreth into the Church in the night to rob it, 22. E. 3. and findeth nothing, this is burglary. A man that is Lord claimeth the best beast that his Tenant hath for herriot custom, and the Lord taketh his herriot in the night, S. H. 7. fol. 1. this is no felony, for the property of the beast is in the Lord by the death of his Tenant. A thief stealeth my horse, and I pursue him, and for fear he delivereth me my horse, and I take him, I am neither felon nor accessary; for it is at mine election to make the taking of my horse felony or trespass: but otherwise it is if I arrest him by an Officer. A man stealeth goods that be wrecked up in the sea, 22. E. 3. fol. it is not felony, for the property of the goods is in no man. A man lieth in an inn, fol. 32. and in the night taketh his sheets and coverlets and hideth them, 5. H. 4. and goeth for his horse, and before he can escape away, he is taken, this is felony by Statute. A man commandeth his Wife to steal money from I. S. 27. E. 3. fol. 16. she doth, it is not felony in the Wife, for by the compulsion of her husband she is obedient. A woman that is heir apparent unto her Father, 5. H. 7. is taken away against her will by I. S. and after is by him married by cohertion, this is felony by Statute. A man stealeth I. S. and putteth out one of his eyes, this is not felony; for the Statute speaketh of putting out both the eyes, and a penal Statute shall be taken strictly, for he hath put out but one eye. A man stealeth a box of evidence, 10. E. 4. this is not felony, for the box is of the same nature as the Charters are, and the Charters concern the Franktenement. A man delivereth his beasts for another to sell for him, 15. E. 4. which flieth with them, this is not felony, because he came lawfully by them. A man delivereth his plate to his Butler to keep, and he flieth with it, 13. E. 4. & 21. H. 7. this is felony, for so long as the plate remaineth within his house, it is in his possession. The Wife taketh the goods of her Husband, 13. E. 4. and carrieth them away secretly, this is not felony; Quaere the Receiver. A man stealeth young Doves out of their nests, 16. E. 4. this is felony. Hawks taken out of their nests is felony: 18. E. 4. but if they be taken with nets when they are branchers, it is not felony, for they be out of every man's possession. A man stealeth fish out of my trunk in the day, 18. E. 4. this is felony. A man stealeth falcon's eggs out of the nests, 3. & 4. H. 〈…〉 this is felony by Statute. If a man burn another man's house, 1. E. 4. 3. H 13. E. 4. it is felony. A woman that is married and I. S. be confederated to rob the Husband, and the Wife stealeth the goods, and delivereth them to I. S. this is felony in I. S. but not in the Wife. A man stealeth my Popingay or linnet, 12. H. 8. or other such bird of pleasure, it is not felony. The same law for stealing of Hounds; 12. H. 8. but if a man steal a mastiff, it is felony; for Hounds be but things of pleasure, and not of profit; but the mastiff is contrary. A man entreth into my house in the day to rob, and taketh nothing, it is felony. A jailer compelleth a prisoner to approve or appeal others that are not guilty, 14. E. 3. it is felony in the Gaoler by Statute. If a man steal at twenty times twenty pence, it is felony; yet if he had stolen twenty pence at one time, it had been but petty larceny. A man stealeth a seat out of the Church, 9 H. 7. this is not felony; for it is parcel of the Franktenement. A man maketh a grant of the next voidance of a Benefice, and I. S. stealeth it, this is felony; for the Charter is of the nature of a Charter royal. A man stealeth millstones off a mill, 14. H. 8. it is no felony. A man is outlawed in the common law by the name of I. S. 9 H. 6. for debt, and one raseth the record, and putteth in T. D. this is felony by Statute. A man baileth goods to I. S. to keep, and after the bailor stealeth the goods from the bailee, 7. H. 7. it is not felony, for the property is in himself; but it is adjudged contrary. A man stealeth glass out of windows which be made fast with sprignailes, 27. H. 7. it is felony. But contrary, if they be fastened with great nails, for than they be parcel of the Franktenement. Felons do break my doors, towers, or ports, to the intent to rob, kill, or fear any man; this is felony, though they take nothing. CHAP. V. Accessaries and good Indictments. What persons may be called accessaries to the felons, and what not; and where the accessaries shall be put to answer, and where not; and which shall be said good indictments of felony, and which not. NOte, Accessary before. Accessary after. That there be two kinds or manners of Accessaries, one before the felony, and another after the felony. Accessary before the felony is he that moveth the felon to do the felony: Accessary after, is he that receiveth, or doth aid or help the felon in any manner after the felony done, to his knowledge. 7. H. 4. Principal and Accessary; 7. H. 7. 3. 〈…〉 fol. 1. 11. 〈…〉 9 E. 4. the principal not being arraigned, the accessary shall not be put to answer. The principal is taken and put in prison, and dyeth in prison, 7. H. 4. the accessary shall not be put to answer; for by the death of the principal, the accessary is discharged. Two men are indicted for killing of a man, the one as accessary, the other as principal; and it is found the principal killed him se defendendo, the accessary shall not be put to answer: for when the principal is acquit of the felony, the accessary shall not be in worse case. A man committeth felony, fol. 34. 25. E. 3. fol & 5. and I. S. saith for his deliverance according to the Law, he is not accessary to his felony. I. S. is accessary to a felony, and W. S. knowing of it, receiveth or comforteth I. S. he is accessary, and it is felony in him; for he that is accessary is a felon, and the first accessary is a felon, and therefore he is accessary to the felony. A man procureth I. S. that he should procure I. K. to kill W. D. the first procurer is accessary. A man stealeth goods, and I. S. is indicted, quòd ipse felonicè recepit, 27. E. 3. knowing that the goods were stolen, I. S. is attainted, and there is another accessary to I. S. he shall never be put to answer; for he is accessary to the goods, and not to the man. If an infant, or a man that is mad receive goods that be stolen, it is not felony nor accessary. If the principal plead the King's pardon, the accessary shall not be put to answer. If a woman covert baron receive a felon, or goods at his hands, knowing that they be stolen, she is accessary. If the principal plead not guilty, 7. H. 4. & 15. and be found guilty, and pray his clergy, and hath it, the accessary shall not be put to answer, for the principal may make his purgation, and go at large. A man committeth felony, and his wife knowing of it, bringeth to her husband meat and apparel, and other necessaries, she is not accessary. Principal and accessary be, 22. E. 3, 4, & 6. the principal is hanged for another cause, the accessary shall not be put to answer. If the principal confess the felony, 13. E. 4. fol. 7. and upon his arraignment he pray his book, the accessary shall be put to answer, for by the confession the principal is concluded to make his purgation: but upon a verdict, if the principal pray his Clergy, the accessary shall be discharged; for it were against reason to hang the accessary, and suffer the principal to go at large. A woman that is married doth felony, and cometh to her husband, and he knowing receiveth her, is accessary to the felony. Note, The indictment of felony may be taken before the Justices of the King's Bench, or before Justices of Oyer and Terminer, or Justices of peace in letters. Fol. 35. 9 E. 4. fol. 4. A man is indicted for that he such a day and year did feloniously steal the gown of a certain man unknown; this is a good indictment, but this word unknown is not a good word in an appeal. A man was indicted of a rape, eo quòd ipse tali die an. 1. E. 6. & hora à se, & eam tunc & ibidem carnaliter cognovit, contra voluntatem suam: this indictment is nought, for it lacketh felonicè, and by the Stat. it shall be rapuit, & cepit, & carnaliter congnovit. In an indictment for breaking of the prison, 9 E. 4. the indictment shall make mention, that the prisoner was in prison for felony. A man may be indicted by the name of I. S. 21. H. 6. ostler, for that is a good addition. It is not a good indictment of murder to say, 9 E. 4. felonicè interfecit, for it should be, felonicè murderavit. A man may be indicted by the name of I. S. 22. E. 4. parish Clarke, and it is a good addition. Widow, 10. H. 6. or single woman is a good addition. I. S. is indicted eo quòd ipse est communis latro; 22. E. 3. this is not a good indictment, for it is not certain what felony he hath done, so that he cannot tell how to have traverse to it. A man is indicted in the sheriffs turn the fourth day of Novem. 31. E. 3. it is as coram non Judice, for the sheriff ought to hold his turn in the month of Easter or Michaelmas, by the Stat. 31. E. 3. as it doth appear 6. H. 7. fol. 1. 38. H. 6. fol. 7. A man is indicted of felony at the great Leete of I. N. holden, 10. E. 3. &c. this indictment is not good, for the Lord cannot award process for the party in that Court. If a man be indicted of rape by formal indictment in a Leet or sheriffs turn, the indictment is void; for by the Statute rape is not inquirable in a Leet or sheriffs turn, but as trespass, as it was before the Statute; the same Law of the Decrees tantum, though that a man have cognisance of plea by the Kings grant. If a man be indicted for felony done upon Saint John's day, 3. H. 4. the indictment is void, for there are two S. John's days, and the indictment ought to show which. A man is struck in one County, 2. E. 6. and dyeth in another County, he that struck him is indicted in the County where he died, this is a good indictment by the Stat. of 2. E. 6. If a man be indicted for counterfeiting the King's coin before the Justices of peace, 2. R. 3. it is void, for they have not authority to do that. If a man be indicted for felony, for stealing of an horse, if the indictment want any of these words, that is to say, 2. E. 3. felonicè cepit & abduxit, the indictment is void, for these words shall not be taken by implication, if they lack. If a man and two women be indicted for ravishing one A. S. 44. E. 3. fol. 15. & 13. this is not a good indictment, as well against the two women as the man, quare cognovit quod unum feme poet foultra ovesque un auter uncore el poet estre all home coadjutor. A man is indicted for that he was privy unto a murder done by I. S. 14. H. 4. this is not a good indictment, for the indictment doth not show that he did strike, and counsel or consent unto the felony. A man indicted of felony in the time of H. Fol. 36. 1. E. 8. that indictment will serve well in the time of E. 6. per Statut. I. E. 3. Commissioners of Oyer and Terminer, of felons by Commission in the time of H. 8. take indictments in the time of E. 6. the parties indicted shall not be arraigned upon the said indictments, for by the death of the King, their Commission is determined. Crowner's made in the time of H. 4. E. 4. fol. 〈…〉. 8. may take indictments super visum corporis in the time of E. 6. for they be made by Writ, and not by Commission, and they shall endure until they shall be discharged by Writ: but otherwise of Commissioners. CHAP. VI. Arraignment of felons, and what pleas they shall have, and what not; and where they shall be put to penance, and where not; and where a man shall be twice arraigned for one felony, and where his life shall be put twice in jeopardy for one felony. A Man is arraigned of the death of I. S. 16. E. 3. fol. which was killed at B. he saith he was another time arraigned, indicted, and acquitted of the death of the same I. S. at B. interfect. in another place, and showeth the Record under seal, and averreth that he is the same person that is I. S. this is a good plea. A man is outlawed of felony, 7. H. 6. and is led unto the bar, and demanded of him what he hath to say wherefore he should not die; and he saith that in the time of the outlawry he was in prison in the Castle of B. sub custod' &c. this is a good plea. A woman is arraigned of felony, and is convict by verdict, and is demanded what she can say why she should not die, which saith she is with child; this is a good plea: it was holden contra 12. E. 3, fol. 11. A man is indicted as accessary unto a felony committed by I. S. 8. 〈…〉. 4. sol. 4. which was arraigned and attainted: the defendant saith that there is no such record, and prays allowance, and pleads over to the felony, not guilty; this is a good plea. Two be arraigned, and one pleadeth the King's pardon, and a release to his companion, and showeth that it is no plea, 21. E. 4. 21. E. 4. for felony cannot be joint; but otherwise it is of trespass. A man arraigned of felony, saith that another time he was arraigned of another felony committed since that felony was done, and acquit where his life was in danger, and demands judgement: If for any other felony committed before he shall be arraigned, this is no plea; but if he had pleaded he had been condemned, and had the Kings pardon after, and so delivered, it had been good plea; for judgement of death is a discharge of all felons done before. A man committeth murder, 2. H. 7. and the King pardons him the murder, and the next day he beateth and maimeth I. S. and he is arraigned of the murder, & pleadeth the King's pardon, by the beating of I. S. the pardon is become not good, 2. H. 7. for by the Stat. 10. E. 3. of 10. E. 3. he shall find surety of his good behaviour for 3. months after the pardon. A man stealeth goods in the County of A. 4. H. 7. and bringeth them in the County of N. and after is indicted and arraigned in the County of A. and he saith he carried the goods into the County of N. fol. 37. and there he was indicted and acquitted for the same goods, and prays allowance, and to the felony not guilty, this is good plea; for though he commit felony in two Counties, his life shall not be in jeopardy twice for one felony. A man arraigned of felony pleads not guilty unto the issue, 11. H. 4. and when the Jury appears he pleads the King's pardon, and shows it, that is no plea, except the pardon bear date after the issue joined. A man arraigned of felony pleads the King's general pardon by Act of Parliament, although he hath pleaded not guilty before, that pardon shall be allowed, for every man is bound to take notice of that pardon. A man is indicted by the name of I. S. of B. and upon the arraignment, 1. H. 5. he saith his name is I. Roe of B. and not I. S. and prays allowance, and pleads over to the felony not guilty, this is no plea, for he ought to give it in evidence if he be misnamed. for if he be the same person, he shall answer to the felony: but otherwise it is in appeal. A man arraigned of felony saith, that another time I. S. appealed him of the same felony, unto that which he pleaded not guilty by battle, and hath vanquished the appeal, and went quit: this is no good plea, for his life shall not be put in jeopardy twice for one felony. A man is arraigned of felony upon an indictment, 7. H. 7. fol. 5. and saith, that another time he was outlawed upon the same felony, and reversed the outlawry by error, this is no good plea; for though he reversed the outlawry, yet if the indictment be good, he shall answer unto the felony: but otherwise it is upon outlawry of debt or trespass, for the plaintiff shall have a new original. A man is arraigned at the King's suit for killing I. S. which saith, that at another time he was arraigned for the killing of the said I. S. in an appeal at the suit of K. daughter and heir of the same I. S. this is no plea, but he shall be at another time arraigned; Magna Charta, cap. 3. 4. for by the Stat. of Magna Charta cap. 3. & 4. no man shall be appealed of the death of a man at the suit of a woman, except it be of the death of her husband. A man is arraigned upon an indictment for killing I. S. 21. H. 6. which saith, at another time he was arraigned at the suit of I. S. son and heir of the same I. S. this is no good plea, if the wife of I. S. was alive at the time of the appeal brought; but he shall be another time arraigned. A man is arraigned of the death of I. S. 21. H. 8. which saith, at another time he was arraigned of the same felony, and acquit at the suit of R. S. son and heir of the said I. S. this is no plea, if the party that maketh the same be not the eldest son of I. S. at the time of the appeal, or if he have an elder son alive. Two men commit a felony, fol. 38. and one of them is arraigned and acquit, and after the acquittal he receiveth his companion, which is attainted after of the same felony; this receiver which was acquit before, 17. E. 3. & 10. shall now be arraigned as accessary to the same felony of which he was acquit before as principal: and if he plead this matter, it shall be no sufficient plea for him, for that he was accessary after the acquittal. A man arraigned of felony pleadeth not guilty, and the Jury is deferred for default of Jurors, and a talis is awarded, and at the day given by the talis, he pleads the King's pardon bearing date after the day of default, this is no good plea. Note, that when a man pleadeth a bar in matter in fact, he may pray allowance, and plead over to the felony; but when he pleadeth a matter of record in bar, he shall not plead over to the felony as a formal acquittal, the King's pardon, and such like. FINIS.