| Chap. 160. |
Felonies by Statute.
Person not privy or consenting to the same, being thereof lawfully convicted,
shall be adjudged a Felon without benefit of Clergy, &c. 21 Jac.
cap. 26. |
387 |
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Forestalling or buying any Merchandise before they
come to the Staple,
&c. was made Felony by 27 Ed. 3. cap. 11. |
§. 8. |
5 Eliz. 14.
P. Fel. 26.
Lamb. 127. |
Forging of Evidences, sc. of any Deed, Charter,
Obligation, Bill, Release,
or other Writing sealed, or of any Court Roll, or Will, or of any
Acquittance; or to cause or assent to be made any such forged Writing;
or publishing any such Writing, knowing the same to be false: The
second
Offence is Felony without benefit of Clergy. But it seemeth also,
that the
Justices of the Peace have not to deal with this, for that they cannot
well
take notice of the former Conviction. See Co. 9. 118. b.
& hic antea, tit.
Felony. |
§. 9.
Forging. |
P. Fel. 17.
Stamf. 36.
c. |
Gaolers (by duress of imprisonment and pain) inforcing
their Prisoner
to become an Approver, (that is, an Accuser of others as Coadjutors with
him in Felony;) this is Felony in such Gaoler, although the Appellee or
Party so accused be acquit, or shall happen to die before he be arrested
upon
the Appeal, &c. Stamf. 36. 14 E. 3. 10. |
§. 10.
Gaolers. |
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If a Gaoler shall only procure his Prisoner to appeal,
or accuse another of
Felony, this is Felony, by Scrope. An 18 Ed. 3. Abr. d'
Ass. 75. & Fitz.
Coron. 272. And yet the Statute of 14 Ed. 3. seemeth to
extend only where
the Gaoler shall do this by great duress or pain. |
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Also by Brit. f. 18. if the Gaoler shall
keep his Prisoner more strait than
he ought of right to do, by reason whereof the Prisoner dieth; this is
Felony
by the Common Law in the Gaoler. And herein the Book called Speculum
Justiciar. agreeth with Britton. And yet by the Statute
of West. 1.
cap. 12. Notorious Felons, and such as be openly of evil Name,
or which
be Rebellious, they shall have strong and hard Imprisonment. |
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34 E. 3. 22.
37 E. 3. 19.
P. Fel. 20. |
Hawks: Whosoever findeth any Hawk that is
lost, if he shall not immediately
bring the same to the Sheriff of the same County to be proclaimed,
&c. But doth imbezel and carry away the Hawk, it is Felony. |
§. 11.
Hawks. |
P. Hawks.
2. Vide. |
So it is in him whosoever taketh up any Hawk, and
concealeth the
same from the Owner, or his Falkner; or that taketh away any Hawk from
the Owner, or stealeth any Hawk and carrieth it away, not observing the
aforesaid Ordinance. |
|
1 H. 7. 7.
P. Felon.
24.
Lamb. 271.
Dyer. 50. |
Hunting of any Deer or Conies in any Park, Forest
or Warren unlawfully
in the night time, or with Wizards or other disguises, and (upon Examination
by a Justice of Peace, &c.) to conceal the Offence, or any Offender
therein, is Felony in such Concealer: But if such Offender (upon
his Examination)
shall confess all the truth, then he is but finable. See hereof,
antea tit. Hunting. |
§. 12.
Hunting. |
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If any person to be arrested for such Offence shall
disobey the Arrest, or
if any Person shall make Rescous, so that the Warrant (of the Justice of
Peace) &c. for arresting them be not executed, it is Felony. |
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Quære, If such Hunting and Concealment,
or Resistance, be Felony
where the Offenders killed no Deer, &c. it seemeth not; for all the
Precedents do run Occiderunt & asportavernut, &c.
See Lambert, Cromp.
& Westm. |
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Also Quære, If all such Hunting disguised,
or any other unlawful Hunting
in the night time, be not Felony; although the Offender be never examined
thereof, nor conceal the same, as abovesaid. See the Statute
1 H. 7. cap. 7. in sine, where it seemeth, that all
unlawful Hunting in
the night (generally) is Felony. |
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