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Justices in Eyre shall not amerce townships because all above twelve years of

age came not before the

sheriffs and

coroners.

$1.

The appellee

being acquitted,

be imprisoned one year;

and also yield damages to the party grieved,

Amerciaments.

The Justices in Eyre from henceforth shall not amerce Townships in their Circuits, because all being twelve years old came not afore the Sheriffs and Coroners, to make inquiry of robberies, burnings of houses, or other things pertaining to the Crown; so that there come sufficient out of those towns, by whom such Enquests may be made full, except Enquests for the death of man, whereat all being twelve years of age ought to appear, unless they have reasonable cause of absence. 52 H. 3. c. 24.

Appeal.

(And See Title HOMICIDE, III.)

§ 1. Within what time Appeals shall be commenced.
§ 2. The Punishment of an Appellor where the Appellee is
acquitted.

§ 3. Appeal of Accessaries.

§ 4. Where Appeals shall be tried.

Forasmuch as many, through malice intending to grieve others, do procure false Appeals to be made of Homicides and other Fethe appellor shall lonies by Appellors, having nothing to satisfy the King for their false appeal, nor to the parties appealed for their damages; it is ordained, that when any, being appealed of Felony surmised upon him, doth acquit himself in the King's Court in due manner, either at the suit of the appellor, or of our Lord the King, the Justices before whom the appeal shall be heard and determined shall punish the appellor by a year's imprisonment, and the appellors shall nevertheless restore to the parties appealed their Damages, acand pay a griev-cording to the discretion of the justices, having respect to the imprisonment or arrestment that the party appealed hath sus→ tained by reason of such appeals, and to the infamy that they have incurred by the imprisonment or otherwise, and shall nevertheless make a grievous fine unto the King. And if peradventure such appellor be not able to recompense the damages, it shall be inquired by whose abetment or malice the appeal was commenced, if the party appealed desire it; and if it be found by the same Inquest that any man is Abettor through malice at the suit of the party appealed, he shall be distrained by a judicial writ to come before the Justices; and if he be lawfully convict of such malicious abetment, he shall be punished by imprisonment and

ous fine to the

King.

Abettors of false

appeals shall be punished by imprisonment.

restitution of damages as before is said of the appellor. And from No essoign in appeals of henceforth, in appeal of the death of a man, there shall no essoin homicide. lie for the appellor, in whatsoever Court the appeal shall happen to be determined. 13 Ed. 1. c. 12.

The statute 6 Ed. 1. c. 9. provides that no appeal shall be abated so soon as they have been heretofore; but if the appellor declare the deed, the year, the day, the hour, the time of the King, and the town where the deed was done, the appeal shall stand in effect, and shall not be abated for default of fresh suit, if the party shall sue within the year and the day after the deed done.

"And forasmuch as it hath been used in some Counties to Outlaw persons being appealed of commandment, force, aid, or receipt, within the same time that he which is appealed for the deed is outlawed;" it is provided and granted by the King, that none be outlawed upon appeal of commandment, force, aid, or receipt, until he that is appealed of the deed be attainted, so that one like Law be used therein through the Realm: nevertheless, he that will so appeal shall not, by reason of this, intermit or leave off to commence his appeal at the next County against them, no more than against their principals which be appealed of the deed; but their Exigent shall remain until such as be appealed of the deed be attainted by outlawry or otherwise. 3 Ed. I. c. 14.

§ 2. Time of commencing appeals.

§ 3. Appeal of acces

saries not to

take place till attainder of the

principal.

§ 4. Appeals for of

fences done in the

Realm, shall bė

tried by the

Laws.

The statute 1 Hen. 4. c. 14. intituled, "Where all sorts of appeals shall be tried and determined," ordains and establishes that all the appeals to be made of things done within the Realm shall be tried and determined by the good Laws of the Realm made and used in the time of the King's noble Progenitors; and Appeals for of that all the appeals to be made of things done out of the Realm fences done out the Realm how shall be tried and determined before the Constable and Marshall of to be tried. England for the time being; and that no appeals be from hence forth made or any wise pursued in Parliament in any time to

come.

Approver.

Persons who pray or pursue, or cause to be prayed or pur- Persons praying sued, a Pardon for an Approver, shall have their name inserted a pardon for an Approver shall therein as granted at their instance; and if the felon after de- have their name liverance becomes a felon again, the person having prayed the inserted therin. pardon shall forfeit £100. 5 Hen. 4. c. 2.

3 Inst. 160.
5 Co. 71.
3 Mod. 117.

None shall go armed.

None shall ride in harness, or with launcegays.

Launcegays abolished.

Arms and Armour.

Item, it is enacted, that no man, great nor small, of what condition soever he be, except the King's servants in his presence, and his ministers in executing of the King's precepts, or of their office, and such as be in their company assisting them, and also upon a cry made for Arms to keep the peace, and the same in such places where such acts happen, be so hardy to come before the King's Justices, or other of the King's ministers doing their office with force and arms, nor bring no force in affray of the peace, nor to go nor ride armed by night nor by day in fairs, markets, nor in the presence of the Justices or other ministers, nor in no part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison at the King's pleasure. And that the King's Justices in their presence, sheriff's, and other ministers in their bailiwicks, lords of franchises and their bailiffs in the same, and mayors and bailiffs of cities and boroughs within the same cities and boroughs, and borough-holders, constables, and wardens of the peace within their wards, shall have power to execute this Act; and that the justices assigned at their coming down into the Country, shall have power to inquire how such Officers and Lords have exercised their offices in this case, and to punish them whom they find that they have not done that which pertained to their office. 2 Edw. 3. c. 3.

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The statute 7 Ric. 2. c. 13. intituled an act, that " no man shall ride in harness within the realm, nor with Launcegays,' ordains and prohibits, that from henceforth no man shall ride in harness within the Realm contrary to the form of the statute of Northampton thereupon made, neither with launcegay within the Realm, the which launcegays shall be clearly put out within the Realm as a thing prohibited by our lord the King, upon pain of forfeiture of the said launcegays, armour, and other harness, in whose hands or possession they be found that bear them within the Realm, contrary to the Statutes and Ordinances aforesaid, without the King's special licence.

Recital of 7 R. 2. c. 13. The said statute shall be fully holden and kept, and duly executed, and that launcegays shall be clear put out, upon the pain contained in the said statute, and also to None shall ride make fine and ransom to the King: and no Lord, Knight, nor

armed.

other, little nor great, shall go nor ride by night nor by day armed, nor bear sallet nor skull of iron, nor of other armour upon the pain aforesaid, save and except the King's officers and ministers in doing their office. 20 R. 2. c. 1.

8

Arson.

(And See Titles BURNING, MALICIOUS INJURIES.}

§ 1. Wilfully burning any Dwelling Houses or Barns wherein shall be any Grain or Corns, or abetting, &c. the same, or being indicted thereof standing mute, or challenging above twenty, or not answer ing directly to the Indictment, are made capital Felonies by 23 H. 8. c. 1. s. 3. and 25 H. 8.. c. 3. s. 2., made perpetual by 33 H. 8. c. 3.

S. 7.

§ 2. Maliciously in the night time burning, &c. any Ricks or Stacks of Corn, Hay, or Grain, Barns or other Houses or Buildings, or Kilns, Felony by statute 22 & 23 C. 2. c. 7.

§3. Setting fire to any House, Barn, or Outhouse, or to any Cock, Mow, or Stack of Corn, Straw, Huy, or Wood, or forcibly rescuing such Offenders, or procuring others to join therein, a capital Felony by the statute 9 G. 1. c. 22.

§ 4. Wilfully, maliciously, and unlawfully, in England or Ireland, setting fire to any House, Barn, Granary, Hop Oast, Malthouse, Stable, Coach House, Outhouse, Mill, Warehouse, or Shop, then in the possession of the person committing such Offence, or of any other, and counselling, aiding, and abetting such Offence, a capital Felony, by statute 43 G. 3. c. 58. s. 1.

§ 5. Punishment of Servants negligently setting fire to any House or Out House.

No person or persons which hereafter shall happen to be found guilty after the Laws of this Land, for wilfully burning of any dwelling houses, or barns wherein any grain or corns shall happen to be, nor any person or persons being found guilty of any abetment, procurement, helping, maintaining, or counselling of or to any such felonies; [or who being indicted of such of fence, and thereupon arraigned, and do stand mute of malice or froward mind, or challenge peremptorily above the number of twenty, or else will not or do not answer directly to the same indictment and felony whereupon he is so arraigned 25 H. 8. c. 3. s. 2.]; shall from henceforth be admitted to the benefit of his or

§ 1. Offenders wilfully burning houses or barns,

&c. excluded clergy.

3 Inst. 64. 67. 115.

Kel. 67-69.

Dyer, f. 224. 11 Co. 29.

1 Bulstr. 112.

§ 2.

their clergy, but utterly be excluded thereof, and suffer death. 23 H. 8. c. 1. s. 3.

The above mentioned provision of these Statutes (though made perpetual by the statute 33 H. 8. c. 3. s. 7.) appear to be superseded by the provisions of Statutes of a later date; but as they are still in force, it has been thought proper shortly here to notice them. See the above Statutes at length under title LARCENY and ROBBERY, I. § 1, 2.

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The statute 22 & 23 C. 2. c. 7. reciting that many evil-disposed persons, intending the ruin and impoverishment of their fellow subjects, had devised and of late secretly in the night3 Inst. 66, 67. time, and at other times when they think their deeds are not known, frequently practised in several parts of this kingdom unlawful and wicked courses in burning of ricks and stacks of hay, corn, and grain, destroying of buildings and trees, &c.; for Persons who by prevention thereof enacts, that where in any part of this kingdom any person or persons shall in the night-time maliciously, unlawfully, and willingly burn or cause to be burnt or destroyed any ricks or stacks of corn, hay, or grain, barns or other houses or buildings, or kilns, of any person or persons whatsoever; every such offence shall be adjudged felony, and the offenders and every of them shall suffer as in cases of felony. s. 2.

night shall burn any ricks of

corn, &c. barns, houses, buildings, or kilns, shall lose their clergy.

No corruption of blood, &c.

Offenders may

tion to be trans

ported.

105.

1 Hale, P. C. 566, &c.

But not to work any corruption of blood, loss of dower, or disinheritance of heirs. s. 3.

By s. 4. it is declared that in case any person or persons who make their elec- shall be convict or attainted of any of the offences made felony by virtue of this act as aforesaid (to avoid judgment of death or execution thereupon for such his offence), shall make his election to be transported beyond the Seas to any of his MaI Hawk. P. C. jesty's Plantations, that then the Justices of Assize, Oyer and Terminer, Gaol Delivery, or Justice of the Peace before whom such offender shall be convict or attaint by virtue of this act, and every of them respectively, shall cause judgment to be entred against every such offender that he be transported beyond the seas to some of his Majesty's plantations in the said judgment to be particularly mentioned and expressed, there to remain for the space of seven years; and that in pursuance of the said judgment the Sheriff or Sheriffs of the county or city where such offender shall be so convict or attainted shall cause the said offender to be safely conveyed and embarked to be transported as aforesaid; and if any such offender shall return into lose their clergy, this Kingdom before the expiration of the said seven years, he shall suffer death as a felon, as if no such election to be transported had been made by him.

Offenders returning shall

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