case IV Kely   a b e Fitzherbert coroner h cap e Stamf dyer a appeal of rape  robbery felony or murder be bring pen this appeal the appellee be indict at  the suit of the king the prosecution upon this indictment shall be stay until  the appeal be determine for otherwise the king shall destroy the suit of the  party for this reason the king by his pardon can bar a appeal king quod be  unjust to make non to be able by all the judge of England at commonlaw if a  man be indict and attaint of any felony or acquit upon this indictment a  appeal do not lie for it will be in vain a attaint person be dead in law but  because the king may pardon such attainder at this day in case of the kill of  a man be the offender attaint or acquit before if he have not have his clergy  he be liable to a appeal by the statute of h c but all other felony remain at  the commonlaw in a appeal of murder the defendant be find guilty of  manslaughter and have his clergy he can afterward be indict and arraign for  murder a attainder or acquittal upon a appeal be a bar to a indictment at  commonlaw if a man be attaint of felony where he have commit treason before in  this case a prosecution may be by indictment at the suit of the king in favor  moneybag a man be attaint of murder at the king suit after this attainder a  appeal be bring and discontinue the offender shall be hang at commonlaw after  clergy have for a offence such person can be question for another offence  commit before but he may Kelynge contra and the practice be accord to Kelynge  Kely hob e at this day by the statute of Elizabeth c in the case of clergy  allow the offender read and yet the ordinary say non legit but his clergy  shall be allow he if he do not read and the ordinary say legit the offender  shall be hang Jenkins the justice of peace at their session may take a  indictment of a trespass or riot and try it the same day so they may of felony  and so may justice of oyer and terminer and of gaoldelivery in the principal  case before the judge advice the justice of peace to take a indictment at one  day and to proceed upon it at a late day this be a council non teaching