vaux case William Vaux at the session of peace for the country of  Northumberland hold Julii year  Elizabeth before the justice of peace of the  same county be indict of voluntary poison of Nicholas Ridley which indictment  be remove into the king bench and in discharge thereof the say Vaux plead that  at another time sure Augusti year  Elizabeth at Newcastle upon tine in the  county of Northumberland before the justice of assize of the same county the  say Vaux be indict quoth come Nich Ridley recently de wonder in  under command the head of pillage Armig jam death per many men  aged ante  approaching suum bride to be a certain margaretae of or belonging to a wife he  et no one exit to have pillage will Vaux recently de king in  under command the head of c noble cunningly cautiously at devilish  to stretch out death venenationem et destruction Self nicolai et god  be in charge   eye non to have of the tenth year  Elizabeth at wonder predict  felon voluntary et ex ill will to sew precogitata persuadeba the same Nichol  To take back et to drink a certain drink mixtum come in poison  peremptory or urgent call cantharides affirma et verifica the same Nich quod  pillage drink such to mix come pillage poison peremptory or urgent call tire  non to be intoxicatus Anglice poison say quoth per reception ind pillage Nich  exit de corpore speech margaretae tunc wife of oneself to take care of et  to have ration pron. interrog. indeed  a convincing et an urging pillage Nich  postea sure January year  say in addition to at t in under command the head of  n pillage ignorant prediction drink come poison in form predict before mixt  say faith to hold toward predict a convincing speech William To take back et  drink per quoth prediction nicholaus immediate post receptionemveneni  prediction per tres horas immediate sequent to be faint et postea pillage Jan  year  say in addition to ex venenatione et intoxicat pillage at t pillage  to go et such pillage will Vaux felon et ex ill will to sew praecogitata  say beforehand advance Nich voluntary et felon modus et form pillage  intoxicavit to put out of the way et murdravit contrapacem c upon which  indictment the say Vaux be arraign before the same justice and plead not  guilty and the juror give aspecial verdict and find quoth pillage Nich Ridley  to poison to be Anglice poison per reception pillage cantharides et quoth  pillage will Vaux non to be feel or perceive beforehand tempore quo pillage  Nich Ridley To take back pillage tire say utrum c and thereupon judgement be  give by the say justice of assize in this manner super quo look et per Cur hic  comprehension omnibus et one to send forward pro eastern quoth to see Cur hic  super all means per veredictum pillage in form pillage compert quoth pillage  venenatio per reception tire et pillage management pillage will and procurand  pillage Nich and accipiend pillage tire modus et form prout per verdict  pillage compert to be non to be felon et murdrum voluntar therefore  thought out be quoth pillage will Vaux de felon et murdro pillage indict  pillage superius specificat nor de dictam felonica venenatione pillage Nich  Ridley in to the same place indict naming the same will impose eat without die  and as to the felony and murder he plead not guilty and first it be resolve  per all senate that the say indictment upon which Vaux be so arraign be  insufficient and principal because it be not express allege in the indictment  that the say Ridley receive and drink the say poison for the indictment be  pillage Nich ignorant pillage drink come poison before intoxicatum say faith  to hold toward dict a convincing speech wonder To take back et drink per quoth  c so that it do not appear what thing he drink for these word poison pillage  be want and the subsequent word scilicet per quoth predict n immediate post  reception poison predict c which word imply receipt of poison be not  sufficient to maintain the indictment for the matter of the indictment ought  to be full express and certain and shall not be maintain by argument or  implication because the indictment be find by the oath of layman it be agree  per senate that Vaux be a principal murderer although he be not present at the  time of the receipt of the poison for otherwise he will be guilty of such  horrible offence and yet shall be unpunished which will be inconvenient and  mischievous for every felon be either principal or accessary and if there be  no principal there can be no accessary because assessory sequitur first and if  any have procure Vaux to do it he have be accessary before quoth notam a  special case where the principal and accessary also shall both be absent at  the time of the felony commit it be resolve by the lord Wray sir Thomas gawdy  Clench and Fenner justice that the reason of Auterfoits acquit be because  where the maxim of commonlaw be that the life of a man shall not be twice put  in jeopardy for one and the same offence and that be the reason and cause that  Auterfoits acquit or convict of the same offence be a good plea yet it be  intendable of a lawful acquittal or conviction for if the conviction or  acquittal be not lawful his life be never in jeopardy and because the  indictment in this case be insufficient for this reason he be not fixed by law  modus acquietatus and that be well prove because upon such acquittal he shall  not have a action of conspiracy as it be agree in Edward a b vide Edward and  in such case in appeal notwithstanding such insufficientindictment the abettor  shall be inquire of as it be there also hold and although the judgement be  give that he shall be acquit of the felony yet this acquittal shall not help  he because he be not fixed by law modus acquietatus and when the law say that  Auterfoits acquit be a good plea it shall be intend when he be lawful acquit  and that agree with the old book in Edward coroner where it be agree that if  the process upon indictment or appeal be not sufficient yet if the party  appear by which all imperfection of the process be save and be acquit he shall  be discharge but if the appeal or indictment be insufficient as our case be  there it be otherwise but if one upon a insufficient indictment of felony have  judgement quoth suspend per coll and so attaint which be the judgement and end  which the law have appoint for the felony there he can be again indict and  arraign until this judgement be reverse by error but when the offender be  discharge upon a insufficient indictment there the law have not have its end  nor be the life of the party in the judgement of the law ever in jeopardy and  the wisdom of the law abhor that great offence shall go unpunished which be  ground without question upon these ancient maxim of law and state criminal non  to withhold to stay behind unpunished et impunity continuum disposition  to assign to fail et to drive harmless who to act sparingly to do harm so if a  man be convict either by verdict or confession upon a insufficient indictment  and no judgement thereupon give he may be again indict and arraign because his  life be never in jeopardy and the law want its end and afterward upon a new  indictment the say Vaux be try and find guilty and have his judgement and be  hang