| Chap. 143. |
Felony.
nor any accessory thereto before the Fact, shall be admitted to have
the benefit
of his or their Clergy, See the Stat. 10 H. 7. c. 7.
23 H. 8. c. 1.
28 H. 8. c. 1. 32 H. 8. c. 3. 1
E. 6. c. 1 2. & 4 & 5 Ph. & Ma. cap.
4. |
339 |
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The Forfeiture for Petty Treason, is, the King shall
have his Goods, and
for his Lands the King shall have annum, diem & vastum, and
the Escheat
thereof shall be to every Lord, of his own proper Fee, 25 Ed. 3.
cap. 2. But
for Petty Treason or Felony, if the Offender hath but and Estate-tail in
his
Land, he shall forfeit them but during his life, Stamf. 186, 187.
And for
Petty Treason, if the Husband be attainted, the Wife shall be barred of
her Dower, Co. L. 37. |
§. 7.
Forfeiture. |
| Plo. 186. |
The Justices of Peace may inquire of Petty Treason,
as of Felony: and
out of their Sessions, every Justice ofd Peac may deal with the Offendors
therein, as in case of Felony, by Examination of the Offendors, by taking
Information against them, and binding over the Informers to the General
Gaol-delivery, committing the Offendors to the Gaol.
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Of Felonies by the Common Law. CHAP.
CXLIII. V. 92.
FElony, by some this word is derived, Quasi felleo
animo factum, L. &
Co. 4. 124. Ideo dicta est felonia, quia fieri debet felleo
animo (with a
' mind as bitter as gall.) Minsh. verbo felon, saith it cometh
of the French
' word felon, id est, atrox, crudelis: vel a velando, cum
celari & occultari
' semper velit. Felonia est omne crimen capitale infra læsam
Majestatem. |
§. 1. |
| 3 El. 9. |
So in the Law at this day, under the word felony,
is included Petty Treason,
Murther, Homicide, Chance-medly, Se defendendo, Burglary, Robbery,
Theft, Rape, Burning of Houses, Petty Larceny, Rescous and Escape, &c.
Co. L. 391. |
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" Thus generally it seems to be taken in many Statutes,
as particularly in
" the Statute of 3 Eliz. c. 9. Where it is said, That all
persons shall be ready
" and apparrelled at the commandment of the Sheriff, and cry of the Country,
" to pursue and arrest Felons: And they that will not so do, and
" thereof be attainted, shall make a grievous Fine to the King; and if
default
" be in the Lord of a Franchise, the King shall seize his Franchise.
" And if any Sheriff, Coroner or any other Bailiff, for Prayer, Fear or
" Affinity, that his Kindred or Relation by Birth or Marriage, shall conceal
" consent or procure to conceal Felonies; will not do their Offices, and
" be thereof attainted, shall have one years Imprisonment, and pay a grievous
" Fine, and if he hath not whereof to pay, shall have three years Imprisonment. |
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Homicide most properly is, hominus occisio ab
homine facta; for if a Man
be killed by a Beast (as a Horse or a Dog) or by any other thing or mischance,
although that be hominus cadium (of which two words, Homicide
is derived) yet in such cases it is not aptly nor usually said, that Homicide
is committed, but only a Man is said to be slain, Bracton 120. |
§. 2.
Homicide. |
| Lamb. 235 |
Other do thus define or describe it, Homicide, is
the felonious killing
of one Man by another within the Realm, and living under the Kings protection. |
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But to kill a Man beyond the Seas, or to strike
and give one a mortal
Wound beyond the Seas or upon the Sea, whereupon he dyeth upon the
Land (within this Realm) these Homicides are not punishable as Felony
by the Common Law; for that they cannot be inquired of, nor tryed
here; for in criminal cases, the rule is, Ubi quis delinquit ibi punictur.
So
Co. 2. 93. 6. 47. But in Treason it is otherwise. See
hereof, Paulo antea. |
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