Chap. 163.
Br. Forf.
58.
Co. 8. 171.
Stamf. 162. |
Felons Goods.
not to be seised, nor committed to the Town, nor taken out of the Felons
house or possession. For a Man attainted of felony shall forfeit
such
Goods as he hath at the time of the Attainder, and not at the time of the
felony committed, and a Felon or Traytor, after the Felony or Treason
committed, and before Attainder or Conviction, and Judgment given
upon him, may sell (bona fide) for his sustenance, &c. his
Goods or Chattels,
be they real or personal; but yet they may not disorderly sell or
waste their Goods. Therefore it seemeth, that the Officer may still
take
Surety that the Goods be not imbezzeled; and for want of Sureties may
seise them, and praise or value them, and then deliver them to the Town
safely to be kept, until the Offender be convict or acquitted.
See Br. Forf.
44. where Mr. Brook delivers his opinion, That this Order ought
to be observed
of every one which committeth felony, until he be attainted. |
405 |
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Nay, after Attainder, if they shall grant their
Goods or Lands, it shall
bind all Persons, except the King and Lord by Escheat; but against them
such Grant is void. And as to their Lands, relation is to be had
to the day
of the felony committed, by the Attainder, by Verdict, Utlary, or otherwise,
Stamf. de Prærog. 48. |
Relation. |
F. Cor. 366.
Stamf. 193
194. |
After Conviction of a Felon, (if the Goods were
in the Felons
possession at the time of his Conviction) the Town presently stands charged
therewith, and shall answer for the loss or impairing of them, though the
Goods were never seised by the Officer, nor delivered to the Town, (except
they can shew what other Person hath detained those Goods, and that
they could never have possession of them; which Exception is by Statute
of 31 E. 3. P. Estreats 3.) So that it shall
be sale for the Town to seise
such Goods (in whose hands soever they be found) presently after the
Conviction
of any Felon; and then it shall be safe for them to do it by Inventory,
taken in the presence, and by the Testimony of some other honest Men.
Yet quære, for, by the opinion of Prisot, none
may seise any Goods for
the King, but an Officer who is accountable to the King, 49 H. 6.
1. Br.
Reseis. 15. |
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Co. 11. 30.
& 58.
P. R. 179.
Dyer 275.
Co. 11. 30. |
Conviction in felony is, where a Man (being indicted
of felony) upon
his Arraignment, submitteth himself to be tried by the Country, and then
is found guilty by the Verdict of twelve other Jurors; or shall confess
the
Offence upon his Trial, or is Outlawed for the same, (scil. is pronounced
Outlawed of the felony at the County Court.) Also Conviction in all
other Offences (by the Common Law) is, where the Offender is indicted,
or the Offence presented by a Jury, whereto the Offender pleadeth Not
guilty, and is found guilty by the Verdict of twelve other Jurors,
or by a
second Jury, &c. |
§. 3.
Conviction. |
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And yet a Popish Recusant indicted thereof (at the
general Gaol-delivery,
or Quarter-Sessions for the Peace) and Proclamation there made,
commanding the Offender to render his Body to the Sheriff of the same
County, &c. If at the next Gaol-delivery or Sessions, the same
Offender
so proclaimed, shall not make appearance of Record, such default recorded
shall be a sufficient Conviction in Law of the said Offence, 29 El.
cap. 6.
& 3 Jac. 4. P. Recusants 13. 42. |
Recusant. |
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And sometimes (in other cases) upon Proclamation
made, if the party
shall not appear and yield himself, he shall be thereby convicted or
attainted of the Fact, &c. See 5 H. 4. cap. 6.
11 H. 6. cap. 11. 13 H. 6.
cap. 7. |
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And (by divers Statutes) you shall find that an
Offender may be convicted
(out of Court) either upon the View and Record of the Justice of
Peace, or by the Confession of the Offender, or upon Examination of Witnesses |
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