coke Report45b write v WIGGES Michaelmas Elizabeth in the king bench as to  holcroft case cite Rep b S a hale see r v Tancock l t Auterfoits convict of  manslaughter and clergy thereupon allow be a good bar in a appeal of murder  such bar be good at the commonlaw and not restrain by stat h c and be also a  good bar to a indictment for murder at commonlaw the coroner of the king house  have a exempt jurisdiction within the verge and the coroner of the county can  intermeddle therein the justice of b r of oyer and terminer gaol delivery and  justice of peace may inquire of hear and determine all felony and murder  within the verge a indictment take before the coroner of the household and the  coroner of the county be bad if it omit to aver that the place where the  offence be commit be within the verge where the indictment upon which the  party be convict but upon which no e hall pl cor post fol a Stamf cor a Doct  pl Inst hale pl cor Leon f hale pl cor c Lord hale observe p a the best reason  to maintain the judgement in vaux case be that which be give by coke Inst in  these word in the case of acquittal the judgement be Mod eat without die which  may be give as well for the insufficiency of the indictment as for the party  innocence or not guiltiness of the offence and the judge of the cause ought  before judgement to look into the whole record and upon due consideration  thereof to cause it to be enter therefore consaderatum be quod eat without die  this be the best reason to support that judgement but if the judgement have be  give as the ancient form be in case of acquittal upon not guilty plead that  can never refer to the defect of the indictment but to the very matter of the  verdict and if in vaux case the judgement have be so enter he can never again  have be indict for the same offence notwithstanding the defect in the  indictment till that judgement reverse by writ of error though as it be that  judgement in vaux case be one of the hard I ever meet with in criminal cause  for where the prisoner except to the insufficiency of the indictment or the  court cloth it ex duty the judgement be special indictamentum ob insufficiency  cassa et quod the prisoner eat ind ad feel or perceive beforehand without die  Vid hale p a starke Crim plead king v Wildey m S king v tailor barn and Cress  coke report er p judgement have be give be insufficient hold the party may be  indict and arraign again or appeal of the same offence when the blow be give  one day and the death follow the next and the conclusion be that the party  commit the murder on the last day it be hold well enough but the find the  stroke and death be not sufficient by itself without make conclusion and so  the say a murder the say b c a conviction pen in appeal if it be lawful and  before the defendant be compel to plead be a good bar Catharine late the wife  of Robert write bring a appeal a of the murder of her husband against Thomas  Wigges and declare that the say t Wigges at Shepperton in the county of  Middlesex September year Elizabeth of his malice forethink felonious strike c  whereof the say Robert write die September then next follow c and so the  defendant murder he the that September aforesaid the defendant plead that he  himself heretofore october year Reg Elizabeth at Shepperton aforesaid by a  inquisition there then take before William Danby then coroner of the queen  household and iron Chaukhill then one of the coroner of the say county of  Middlesex upon the view of the body of the say Robert write by the oath of  twelve man and show their name of the say county of Middlesex it be present  that the say Thomas September flit at Shepperton aforesaid the say Robert  write felonious do strike c whereof he die the that of September follow and so  indict he of manslaughter which inquisition afterward the d September  Elizabeth at London in the parish of saint sepulchre the say iron Chaukhill  then one of the coroner of the say county of Middlesex at the gaol delivery at  Newgate make for the say county of Middlesex there videlicet at justicehall in  the old Bailey before John heart then mayor of the city of London and other  justice of gaoldelivery of prisoner in the say gaol of Newgate be deliver and  certify upon which the say Thomas Wigges then under the custody of the sheriff  of London be bring to the bar and there then the say Thomas Wigges be arraign  upon the same indictment confess the felony and pray his clergy and the book  be deliver to he he read as a clerk I as by the say record appear and say that  no judgement be give thereupon and aver that Shepperton at the time of the say  inquisition and stroke and death be within the verge of the queen household  and plead over to the felony c and it appear that the say arraignment and  confession and allowance of the clergy be after the purchase of the writ of  appeal and before the return of it upon which plea in bar the plaintiff  demurrer in law and after only argument and great deliberation it be adjudge  against the defendant and in this ease six point be resolve that auterfoits a  convict of manslaughter and clergy thereupon allow be a good bar in a appeal  of murder and so it be adjudge in a appeal in b r between t burghe Esq brother  and heir of h burghe and t Holcroft b Esq pasch Elizabeth of the murder of the  say h where the defendant plead that at Hampton court in the parish of Hampton  in the county of Middlesex within the verge by a inquisition take before r  vale then coroner of the queen household and one of the coroner come Mid coke  Report46a super visu substantial object the defendant be indict of the  manslaughter of the say Henry within the verge upon which indictment the  defendant be arraign before commissioner of offer and terminer in the county  of Middlesex and confess the indictment and pray his clergy and thereupon coma  ady sare quilt and demand judgement of a abolish Geo c b former the ceremony  of actual read be necessary Vid note to Cavenaghs case Howell state trial vol  p but now by stat Ann c the benefit of clergy shall be grant to all those who  be entitle to ask it without require they to read ante b a Yelv ante a e a b  Inst Leon Anders   Ent b pl coke report b er p the appeal and in that case two  point be resolve that that indictment be well take and within the stat of  articuli super Chartas cap a by which it be enact that in case of the death of  a man within the verge it shall be command to the coroner of the county that  he with the coroner of the king household shall do as belong to his office and  although it be object that the statute require two person so two coroner to do  the office which appertain in this case and in the case at bar there be but  one person although he have two several office so coroner of the household and  one of the coroner of the county it and when the law give authority to two  person one only can execute it for b securius disengage to carry on business  undertaking more et plus trident g oculi how oculus et One d mask non to be  able to fill up turn two yet in this case of several authority it be resolve  that the indictment be well e take for the intent and meaning of the Act be  perform and the mischief recite in the Act avoid as well when one person be  coroner of the household and of the county also as if there shall be two  several person for although the court remove yet he as coroner of the county  may proceed c where it be provide by the stat of h f cap that if it fortune  that the felon murderer and accessary or any of they be acquit upon indictment  or the principal attaint c the wife or next heir to he so slay may have their  appeal against the person so acquit or against the principal so attaint if  they be alive and that his benefit of his clergy thereof before be not have  for at that time clergy be allow for murder it be resolve that the bar be good  at the commonlaw not restrain by the say Act because if the defendant have  have his clergy then without question the appeal will not lie for if the  offender be attaint and have his clergy it be except out of the Act and leave  to the commonlaw a strong when he be but convict thereof and pray his clergy  and the act of the court to be advice as to the allowance of clergy shall not  g prejudice the party in case of life but it be resolve that these word  attaint of murder in this Act shall not be intend only of a person who have  judgement of life but also extend to a person convict by confession or verdict  for a person attaint be a person convict and more et h all things majus to  hold together in see minus and if the statute shall not extend to person  convict all the purview of the Act will be overthrow and in the statute of e  cap it be say attaint by verdict which be as much as to say convict by verdict  and coke Report46b many time in common speech a person convict be call a  person attaint et a to speak be ut vulgus also it will be hard that the law  shall enable the party to appeal against a person acquit who by judgement of  the law be innocent and shall not enable he against one who be convict who be  find guilty and in that case it be say that it be adjudge in the case of one  Agnes Gainsford that where the say Act of h cap be that the wife or heir of he  so slay shall have the appeal that the heir of a woman who be murder shall  have appeal against one who be acquit of the same murder for b apic jury non  are jura and it be resolve without difficulty in Holtcrofts case that if a man  commit murder and be indict and convict or a   a b   b a keb Inst Inst cro e  Bulstr Leon e a Br action sur Le statute h a registr a b f n b raze Ent a b    b a I c light Rep l d Cawly e Inst p wms I Inst Stamf cor b a Jones f n b  foster g Inst h   a   a   b Inst   light b as Bulstr Bulstr a keb cart hetl  roll Rep b to a   a   light b b Nov coke report a er p acquit of manslaughter  he shall never answer to any indictment of the same death for all be one and  the same felony for one and the same death although murder be in respect of  the circumstance of the forethink malice more odious and therefore in a  indictment or appeal of murder he may be find guilty c of manslaughter it be  resolve in the case at bar that at commonlaw the coroner of the king house  have a exempt jurisdiction within the verge a and that the coroner of the  county can intermeddle therein and that well appear by the preamble of the say  statute of articuli super Chartas and forasmuch as heretofore many felony  commit within the verge have be unpunished and the reason and cause thereof be  because the coroner of the county have not be authorize to inquire of such  manner of felony do within the verge but the coroner of the king house which  never continue in one place by reason whereof there can be no trial make in  due manner nor the felon put in exigent nor outlaw nor any thing present in  the circuit the which have be to the great damage of the king and nothing to  the good preservation of his peace by which it appear that at commonlaw the  coroner of the county can not intermeddle with the death of a man within the  verge but the coroner of the household only and so be it adjudge Paschal  Elizabeth in b r where swift be indict before the coroner of the county of  Middlesex of a murder commit at Tuthil in the come Mid which indictment be  remove into b r and there swift plead that Tuthil be at the time of the murder  and Ret be within the verge c upon which the queen attorney demurrer in law  and it depend in advisement three term and at length the plea be adjudge good  and thereupon he be discharge of the indictment for as the coroner of the  household can intermeddle within the county out of the verge because his  office extend not to it so the coroner of the county can intermeddle within  the verge for that be exempt out of his office by the commonlaw and it will be  against reason that their office and jurisdiction be several that the one  shall intermeddle within the jurisdiction of the other but it be resolve that  the justice d b r justice of oyer and coke Report47a terminer gaoldelivery a  and justice of peace may inquire of hear and determine all murder and felony  within the verge because their authority and jurisdiction be general through  the whole county and so always it have be use and so it be adjudge without  scruple in Holtcrofts case it be resolve that the indictment be insufficient  for by the say indictment take before the coroner of the household and the  coroner of the county it appear that the stroke and the death be at Shepperton  in come Mid and it cloth not appear in the indictment that Shepperton be  within the verge scull I within twelve mile of the lodging of the king in his  court and although in truth it be within the verge yet the indictment be c  veredictum I e dictum reality and matter of record ought to import all the  truth which be requisite by law for de d non that this only is apparent et non  to step out eaden ratio and every part of the indictment material ought to be  find by the oath of the indictors and can be e supply by bare say or averment  of the party and because it cloth not appear within the indictment that  Shepperton be within the verge for this cause the indictment take before the  coroner of the household and the coroner of the county be insufficient for it  cloth not appear that the coroner of the household have any authority to take  it and hawk p a c S hale c Cr Elizabeth ante a latch oh bendl roll Rep more t  r c Vid concern commission of oyer and terminer for the verge hale p c Com dig  court f hawk p a chap S c d Inst a Inst b   b a f n b b r c h c h c c do light  a d con b Cawdrys case Vaugh   Inst palm Bulstr hob e   b e coke report b er p  it shall not be as void and in person non judge as to the coroner of the  household and good before the coroner of this county for the record be entire  and the indictment take before both entire and perhaps the jury be direct  principal by the coroner of the household and the witness examine and swear by  he although all be record and enrol in both their name also the defendant have  aver in his plea that Shepperton be within the verge so that the coroner of  the county as appear by the confession of the defendant himself can not take  it sole it be resolve that forasmuch as the indictment upon which he be  convict be p insufficient notwithstanding such conviction he may be indict and  arraign again or appeal of the same offence because his life in judgement of  the law be never in jeopardy as it be resolve in vaux case before pasch  Elizabeth it be resolve per totan cur that where the stroke be give the d day  of September and the death follow the that day and conclude that the say t  Wigges murder the say Robert write the g that day that it be good enough for  it be not murder before but to conclude that he murder he the d day be  repugnant as it be resolve before in Heydens case Trin Elizabeth but it be  resolve that the find of the stroke and the death be not sufficient by itself  without make conclusion that be to say and so the say though Wigges murder the  say rob write tic it be resolve that though the conviction be I pen the appeal  coke Report47b yet if it have be a lawful and before the defendant be compel  to plead it have be a good bar and afterward Wigges be try in b r and upon his  trial the queen attorney be of counsel with he because it be a subject suit  and big be find notguilty of the murder