The Part of the Institutes of the Laws of England Volume 3; Not the Name of the Author Only, But of the Law Itself - Including Also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham, and an Analysis of Littleton, Written by an Unknown (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1817 Excerpt: ...prayed his clergie, and thereupon was entred curia advisare wit, and concluded, and demanded judgement, if that appeal the plaintife against him ought to maintain: whereupon the plaintire demurred in law. And in this cafe three points were adjudged by sir Christopher Wray, sir Thomas Gawdie and the whole court. First, that the matter of the barre had been a good bane of the appeale by the common law, as well as if the clergie had been allowed: for that the defendant upon his confession of the indictment had prayed his clergy, which the court ought to have granted, and the deferring of the court to be advised, ought not to prejudice the party defendant, albeit the appeale was commenced before the allowance of it. The second point adjudged was, that this cafe was out of the statute of 3 H. 7. for that the words of that act are. If it fortune that the fame felons and murderers, and accessories so arraigned, or any 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 same death and murder against the persons so acquited, or against the said principals so attainted, if they be alive, and that the benefit of his clergie thereof before be not bad. First part 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. 68. b Pasch. ao Eliz. in the Ic bench. Tho. Holcrosts cafe, and after, viz. Micb. 33 & 34 Eliz. between Kath. Wrote, late the wife of Rob. Wrote, pi. in an appeale against Tho. Wiggs def. co-ram rege, for the death of her hus-band, resolved againe accord-ingly. 3 H. 7. cap. 1. Aud And in this cafe the defendant Holcroft, was neither acquited nor attainted, bu...