The Third Part of the Institutes of the Laws of England; Concerning High Treason, and Other Pleas of the Crown, and Criminal Causes ...
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1797 edition. Excerpt: ...are. If it fortune that the fame felons and murderers, and accessories so arraigned, or arry of them to be acquited, or the principall of the said felony, or any of them to be attainted, the wife or next heire of him so slaine, &c. may have their appeal of the samfe death and murder against the persons so acquited, or against the said principals so attainted, if they be alive, and that the benefit 0/ his clergie thereof before be not had. First pirt of the Institutes.. 189, 500,501. Second part of the Institutes, in Mag. Cart. ca. 34. W. 1. ca. 14. so. 460. Cust. de Norm. cap. 63. b Pascb. ao Eliz. in the k. bench. Tho. Holcrofts cafe, and after, viz. Mich. 33. & 34. Eliz. between Kath. Wrote, late the wife of Rob. Wrote, pL in an appeale against Tho. Wiggs def. co-ram rege, for the death of her hus-band, resolved againe accord-ingly. And And in this cafe the defendant Holcroft, was neither acquited nor attainted, but convicted by confession, and the benefit of clergy prayed, as is aforesaid. So as the statute being penall concerning the life of man, and made in restraint of the common law, was not to be taken by equity, but is casts omisfus, and left to the common law. As to the third it was objected, that every plea ought to have an apt conclusion, and that the conclusion in this cafe ought to have beene, Et petit judicium Jipradiil. Tlitmas Holcroft iterum de eadem morte, de1 qua smel conviilus suit, respondere compelli debeat. But it was adjudged that either of both conclusions was sufficient in law: and therefore that exception was disallowed by the rule of the court. 7i H. 4.11. Nuta, the ancient law was, that when a man had judgement to PI. com. 306. b. be hanged in an appeal of death, that the wife, and all the...
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- 13 Sep 2013
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