coke a FOXLEYS case pasch Elizabeth in the king bench if a man steal good and  bring they into a manor and there leaves they in a house or in the custody of  any one or hide they and afterward fly these good be not waif waif be where  the felon in pursuit waive the good or from fear of be apprehend fly and waive  the good if the thief in his flight waive good they be forfeit if the felon on  fresh suit be not attaint at the suit of the owner if a man fly for felony his  proper good be not forfeit till it be find by indictment before the coroner in  case of death or otherwise lawful find of record on acquittal that he flee for  the felony thing forfeit by matter of record as good fugitivor can be claim by  prescription but waif estray treasure trove wreck c which may be gain by usage  without record may be prescribe for if a man be try for felony and acquit and  the jury find he do not fly yet his good be forfeit by force of the find the  fly before the coroner on the indictment find super look cor oris if it be in  the case of the death of a man if a felon fly and be kill in pursuit all his  good and chattel be forfeit upon this matter be present before the coroner c  if a man kill a thief who will rob he if the thief do not retreat he shall  lose nothing the that Elizabeth make the party as capable to purchase good as  if he have make his purgation or obtain his pardon at commonlaw  notwithstanding purgation the party forfeit his good which he have before  purgation and the profit of his land till purgation pardon of the burn the  hand discharge the punishment and pardon before conviction prevent the  forfeiture justice of the peace justice of oyer and terminer c may take a  presentment of felon de see where the coroner can have a view of the body and  such presentment shall entitle the king to the good and chattel of the party  deodand be not forfeit till the matter be find of record if a man appeal or  indict of felony come in on the exigent he forfeit all his good and chattel  which he have at the time of the exigent award though he be find not guilty if  the defendant be in prison or beyond sea at the time of the exigent award the  party or his executor or administrator may have a writ of error to reverse the  award of the exigent where it appear that the king have no title the defendant  shall not be allow aid prier of the king but upon demurrer to the prayer the  judgement be not peremptory but to answer over SC cro Elizabeth more Foxley  bring a action of trover and conversion of sheep the def plead that the queen  be seize of the manor of newportpagnell in the county of n and that certain  person unknown steal the say sheep from the pl and beseech they within the say  manor and there leave and waive they wherefore the defendant as the queen  bailiff of the say manor seize they to the queen use as good waive there which  be the same trover and conversion and demand judgement si queen inconsulla  upon which the plaintiff demurrer and he be oust of the a roll Cr Elizabeth  more Inst a aid by judgement for it do not appear by the defendant bar that  these good be forfeit to the coke report b er p queen for it be resolve if a  man steal my good and bring they into a manor and there leaves they in his  house or in the house of any other or in the custody of any other or hide they  in the ground or other secret place and afterward fly these good be not  forfeit nor shall be say waif in law for b dalt Sher more Yelv good waiviata  sive neglect b waif be where the felon in pursuit waive the good or when the  felon for fear of be apprehend think that pursuit be make have they with he in  his possession fly and waive the good in these case they shall be say waive in  law but if he have not the good with he when he fly be pursue or for fear of  be apprehend they be not waive nor forfeit but the owner may take they when he  will without any fresh suit but if the thief in his flight waive they there  the good be forfeit by the commonlaw if the felon on fresh suit be not attaint  at the suit of the owner of the good and the reason c Cr Elizabeth c that waif  be give to the king and that the party shall lose his property in such case be  for default in the owner that he do not make fresh suit to apprehend the felon  for d godb Blackst Com ch fol d interest rei public ine criminal to stay  behind unpunished impunity always ad lower invite and therefore the law have  impose this penalty on the owner that if the thief by his industry and fresh  suit be not attaint at his suit sure in appeal a appeal of treason felony and  other offence be abolish by stat Geo c the party rob be entitle to restitution  upon conviction of the offender in indictment at his suit or the suit of any  other by his procurement by stat h c Vid Harwood v smith TR a of the same coke  b felony he shall for his default lose all his good which the thief at the  time of his flight waive but if the thief have they not with he when be fly  have perhaps bid they as it be say there no default can be in the party and  therefore they shall not be forfeit for if he make fresh suit after notice of  the felony it be sufficient so note reader good waviata seu neglect be good  which be steal and waive by the thief in the flight and good fugitivor be the  proper good of he who fly for felony but it be to be observe that if a man fly  for felony his proper good be not forfeit until it be find by indictment  before the coroner in case of death or otherwise lawful find of record or  acquittal that be flee for the felony for if the good of any shall be forfeit  only for the flight without more then a man may have such good so forfeit by  prescription in the same manner as he may have good waive estray or treasure  find c but forasmuch as good fugitive be not forfeit until the fly be lawful  find of record and because the thing forfeit by matter of record can be claim  by prescription which be but matter in fact for this cause they can be claim  by prescript a dalt Sher   b Inst Inst   light a Stanf ask first a a e b h b h  b a h b roll Br Coron a e b h a send for but waif estray treasure find wreck  of the sea c which may be gain by usage without matter of record there a man  may prescribe to have they h prescript h b h a e b e Coron also he shall not b    light a above b forfeit the good which he have at the time of the flight as  he shall do if they be absolute forfeit by the fly but those only which he  have at the time of the indictment or acquittal vide e cor e cor h Forf e Forf  ass vide Stamf pi of the cro c and the fly of a felon either ought to be find  by verdict on his acquittal for although he be find not guilty yet he shall  forfeit his good by the fly because c   b c to confess deed quijudiciu flee  and the law will not admit any proof against this presumption or on indictment  find super vis a body before the Coron if it be in case of the death of a man  vide ass h e Forf and it appear there that although the jury that try he find  he not guilty and further that he do not fly yet the good be forfeit by force  of the coke report a er p find of the fly before the coroner but on no other  indictment the fly shall be find unless it be in special case Fitzherbert  prescript h a Br estray Cr Elizabeth more kelw b as if a man be arrest of  felony and as he be carry to gaol in fly those who pursue he can apprehend he  without kill he wherefore they kill he in all this matter and the fly be  present before the coroner or any other who have authority to inquire of  felony the party so kill shall forfeit all his good and chattel and therewith  agree e Coron and and there it appear that in such case it be not felony in  they that pursue he e forfeit if a true man kill a thief who will a Inst a rob  he if the thief do not retreat he shall forfeit nothing and the reason coke a  of the book in e Coron that if a man steal diverse good and the owner in his  appeal b Inst dalt Sher b omit some part the king shall have all that which be  omit be because by this omission the thief may escape and because the owner  can have they the king shall have they and as in these case the law punish the  owner for his negligence and connivance so the commonlaw abhor malice in seek  the blood of any without just cause and therefore if a have the good of b by  bailment or trover and b bring a appeal of robbery against a for take they  felonious and it be find that they be the plaintiff good and that the  defendant come to they lawful in this case the plaintiff shall forfeit the  good to the king for his c dalt Sher Inst good felon c false and malicious  appeal as it be adjudge in e Coron also good et catalla felon in some case  shall be d   light a a d forfeit by conviction and sometime without conviction  but always when any forfeiture be of any felon good it ought to appear of  record and that be the reason that such good can be claim by e   b Inst    light a dalt Sher Stanf PrTrog a a e b h b roll Br Coron h b a Fitzherbert  prescript Br estray h a Inst Cr Elizabeth more kelw b e prescription as appear  by the say book at commonlaw the good of a clerk convict by verdict or  confession be forfeit to the king not only all which he have at the time of  the conviction but all the good which he shall acquire afterward until he have  make his purgation or obtain his pardon for at the commonlaw every clerk  convict who have the benefit of his clergy either can make purgation or can  not make it if he can make his purgation then the entry be quod ankle  undertaking be regular and if he can not make his purgation then the entry be  quod ankle commiss to be ordinary without purgate to make and in case when he  can not make his purgation or in case when he can make purgation till  purgation make he remain a person disable to take good to his own use and  therefore question have be make on the stat of f   b raym   b Cr James roll  hob hale pi cor f Elizabeth cap by which it be enact that after clergy allow  and burn in the hand b see as to the punishment which may now be inflict  instead of burn in the hand black command b the prisoner shall be present  enlarge and deliver out of prison if one after the stat be convict of felony  and have his clergy and be burn in the hand and afterward acquire good if he  shall forfeit his good which he acquire after till he obtain his pardon for  now he can make purgation and peradventure the cause or offence be such that  he can not make purgation and pasch Elizabeth in b r this doubt be resolve for  in action on the case on trover bring of certain good by g hob   a b raym Inst  g Hesdon as administrator of Riddleson against Masterson the defendant plead  that before the trover the intestate be convict of felony and burn in the hand  and afterward acquire the say good on which the plaintiff demurrer in law and  it be adjudge for the coke report b er p plaintiff for inasmuch as the stat  have take away the ordinary mean and power from he who may make purgation coke  b which be the ordinary mean to make himself capable of good to his own use  and as to he who can not make his purgation forasmuch as by the say Act it be  enact that he shall be present enlarge and deliver which be in lieu of a  pardon by good construction the same Act of Elizabeth have make he as capable  in both case to purchase good to all purpose as if he have make his purgation  in the one case or obtain his pardon in the other but it be to be know that  although the felon have make his purgation at the commonlaw that be only to a  hale pi cor a enable he to purchase good and chattel for notwithstanding the  purgation he forfeit his good which he have before his purgation and the  profit of his land also till purgation make against the book in e coroner vide  e forfeiture but now present by his delivery on the say Act of Elizabeth he be  discharge against the king of the profit which shall come after and if the  king pardon the burn of the hand it be within the say Act altbough the word be  after clergy allow and burn of the hand for the pardon have discharge the  punishment and there it be resolve that if a man obtain a pardon before  conviction he shall not forfeit his good nor the profit of his land b  Laughtons case hill Elizabeth in b r Swinb Inst b Laughtons case hill  Elizabeth n the king Benchit be resolve by Popham chief justice and the whole  court of king bench that if a man be felon de see his good be not c Stanf ask  first a Inst Poph roll Rep c forfeit till it be present or find of record and  that be the reason that such good can be claim by prescription c Vid send for  sergeant williams note tomb v etherington sand c then it be move if one be  felon de see and cast into the sea d roll d or convey or bury in so secret a  manner that the coroner can have the view of the body and by consequence he  can inquire of it it be resolve that the justice of peace justice of oyer and  terminer and all other who have power and authority to inquire of felony may  take a presentment of it for it be felony and that shall serve to entitle the  king to his good and chattel and e Deodanda Stanf cor dalt Sher Inst e  deodanda be good which occasion the death of a man by misadventure and be not  forfeit till the matter be find of record and therefore they can be claim by  prescription and the jury who find or present the death by such misadventure  ought f dalt Sher Cumberb   b good in to drive out builder f to find and value  the deodand also in all respects queen movent ad death are deodanda I e  coroner e corolle vide r forfeit there be also good catalla in to drive out  builder and these be when any one be appeal or indict of felony and he  withdraw and absent himself for so long time that a g dalt Sher Stan f ask  first a Inst g exigent be award against he by this retreat which be a fly in  law he shall forfeit all his good and chattel which he have at the time of the  exigent award although he render himself on the exigent coke a and be  afterward find not guilty and that appear by ass where the case be that a man  indict of the death of a man do render himself on the exigent and be present  arraign and find not guilty and because he come by exigent by which it be  sufficient prove that he withdraw himself his chattel be forfeit and the jury  who acquit he value the good and in ass pl at the time of the exigent award  against diverse in a appeal of death a writ be award to the sheriff to inquire  of their good and chattel and seize they but peradventure at the time of the  exigent award the defendant be in prison or beyond sea what remedy have the  party to have his good again for as knivet in e say the party shall not have a  Inst a restitution of his good although the writ of exigent truant to flow out  so long as the award of the exigent which be there call a judgement stand in  force not defeat and in the same book it be say that if a man have a coke  report b er p charter of pardon of elder date b dalt Sher b than the exigent  his good be save for the cause of salvation appear of record but it do not  appear by the book what remedy the party have if the cause of save they be by  matter in fact as by imprisonment or that the party be beyond the sea c and  mich and Elizabeth in the king bench in c Leon Owen Cr Elizabeth roll God c  marsh case it be resolve that in such case the party or his executor or  administrator shall have a writ of error to reverse the say award of the  exigent and a precedent in d eaton case h in b r side   a Cr James Roll Rep h  PC d h in this court in the case of one Eaton against who on a indictment of  death a exigent be award in the county of Lincoln and the say Eaton die and be  never convict or attaint and his executor bring a writ of error to reverse the  say award of the exigent for inasmuch as the king be entitle by matter of  record of necessity it ought to be avoid by a matter of as high a nature and  forasmuch as the word of a general writ of error be si e   light b e judgment  ind To give back sit which be not in such case he shall have a special writ  recite the whole special matter as by the precedent appear vide h forfeiture e  forfeiture e e h estray Br stamford plea of the crown and so it be resolve  that in the case at bar there be no cause of aid and therefore by the rule of  the court he be oust of the aid it be agree that the demurrer be not  peremptory but to answer over see now the statute of f Inst f h cap concern  good waive and for the restitution of they