coke b discontinuance OF process c by the death OF the queen Trin James report  more cro James see Farringtons case cro car the resolution of the justice  after the death of Q Elizabeth concern discontinuance of process c there be  two manner of resummons and reattachments the one general the other special  the effect of the general be that the king do direct a writ pattern  agreeableness to the king bench in this form mandamus thou quod ad sectan our  men all ligeorum poplar tree our men who attendance uolverint extra et super  in all respects sive aliquan think over placita short catalog procepta  processus billas speech appeal five et alian memorandum wherever in Curid our  men in person we existen well in descendants in person we proventur of every  sort short catalog resummovit reattachment et all to another place process pro  we et speech ligeis poplar tree our men in here part habend second European  bison thought et proposita subscript move to move prout casus inquire  repeatedly second separation your adjudicet special resummons be in such form  king vic salut Resummoneas per bomos summonitores a b quod sit in person we in  tomorrow c wherever tunc fuer in England audit record et udic suum de speech  qux to be in cur dom h recently king c ita quod speech that tunc sit in eod  position quo to be in former curian prod recently king in octabis and e ultim  preterit de quo die speech prod adjornat to be usque c tunc neighbor sequent  ante who diem speech prod to stay behind without die eastern quod prod  recently king they suum to shut extremum and note on the general resummons the  original and the issue if any be join be revive for it be a full record and  ought to be entire enter but the process before the issue join nor the voucher  nor the garnishment c shall not be revive without a special writ recite all  the special proceed h a h a e a b e a coke a and it appear by the book of  entry title reattachm that if issue be join and the jury return and day give  for trial before which day the king die yet by special resummons all shall be  revive for the jury be return of record and the record thereof be make full  and perfect and therewith agree man a dyer pl a dyer vide e contrary in the  case of aid prayer for there the jury be not revive as it be there hold but a  venire facias de to make new shall be award and it be to be know that the b    light b e see l e see l e a a e b pl b defendant shall never have a resummons  or reattachment because he have not nor can have summons or attachment and  therefore at the commonlaw if a verdict have pass for the defendant and before  the day in bank the king die in that case the plea be discontinue and the  defendant may by certiorari remove the record and although the party shall  never plead any plea yet the defendant ought to sue forth a to know fac and  thereupon have judgement but without a to know fac he shall not have judgement  because the party have no day in court and the to know fac shall revive the  record and give day to the party against the opinion of Litt e b although he  say that it be so adjudge that the defendant in such case shall present have  judgement but at the commonlaw by the demise of the king the plea be  discontinue and the process which be award and not return before the king  death be lose for by the writ of the predecessor nothing can be execute in the  time of the new king unless it be in special case for by the demise of the  king not only the a more keb b n c and dyer pl Elizabeth dyer e e Edward h a  justice of the one bench and the other and the baron of the exchequer but the  sheriff also and escheator and all commission of oyer and terminer gaol  delivery and justice of peace be determine by the death of the predecessor who  make they a by stat W c it be enact that the commission of the judge of the  superior court be to be make Interrog  see bene to bear about but that it may  be lawful to remove they on the address of both house of parliament by Ann  saint c the commission of the judge be continue for six month after the demise  of the crown and now by I Geo c the judge be continue in their office during  their good behaviour notwithstanding any demise of the crown by stat Ann saint  c no patent or grant of any office or employment either civil or military  shall cease determine or be void by the king demise but every such patent or  grant shall continue in force for six month after such demise unless supersede  by the next immediate successor by S commission of assize oyer and terminer  general gaol delivery c shall not be determine by the death of the king but  shall continue in force for six month after such death unless supersede by  stat I Ann saint c S no writ plea or process or any other proceed upon any  indictment or information for any offence or misdemeanour or any writ process  or proceed for any debt or account that shall be due or to be make to her  majesty her heir or successor for or concern any land tenement or other  revenue that shall belong to her or they that shall be depend c shall be  discontinue or put without day by reason of her or of any of their death but  shall continue and remain in full force a and for coke report b er p the  remedy thereof be the statute of Edward b and cro James cro car roll Rep    light a Yelv hut b c make which provide that by the demise of the king any  action suit bill or plaint that shall depend between party and party in any of  the king court and other court of record shall not any wise be discontinue or  put without day but that the process plead demurrer and continuances shall  stand good and effectual and be prosecute and sue forth in such manner and  form and in the same estate condition and order as if the same king have live  so that now if any judicial writ or process in any court of record be award in  the time of the predecessor it may now be execute in the time of the successor  Elizabeth die accord but yet that Act have not provide remedy for all the  mischief for if the original be not c die pl and latch   b side Cr Elizabeth  cro James c return before the king death it be lose for the word be depend in  any court but in a appeal of death if the writ be deliver to the sheriff  within the year and before the return thereof or that the sheriff have do any  thing the king die and the year expire before the day of the return in that  case the commonlaw give remedy to the plaintiff sure a certiorari to the  sheriff returnable in the king bench and thereupon coke b the plaintiff shall  have a reattachment although it come not in by the return of the sheriff but  by certiorari and the reason be for the necessity of the matter for otherwise  the plaintiff who lawful bring this writ within the year without any fault in  he will lose his appeal the year be now pass and therefore forasmuch as by the  act of law the writ be discontinue the law will give a mean to revive it to  the end the party shall not be without remedy so if a man bring a formedon  against the pernor of the profit within the year after the title accrue if  before the return of the writ c the king die the writ shall be remove into the  common plea by inform and thereupon he shall have resummons for the mischief  as it be hold in e b and a by the demise of the kin g all office of a die pl  and a sheriff be determine and therefore till due patent of their office  nothing can be do but in b   b b London and other place where there be sheriff  of inheritance by charter there they may execute any process or judicial writ  award in the time of the predecessor in the county court and the like court  which be not court of c   b   light c record it remain as it be at the  commonlaw for the word of the Act be in any of the king court or other court  of record also the statute extend only to action suit c between party and  party and therefore it shall not extend coke report a er p to case where the d  cro car I d king be party and therewith agree Stamf b and therefore it be  necessary to know what the commonlaw be in such case if e more cro James cro  car io Doct pl hut Cawly e a information of intrusion or other information be  prefer either mere for the king or tam pro dom ring how pro he himself and the  defendant plead to issue or a demurrer be join and afterward the king die all  be abate and lose but only the formless and that shall stand for the entry in  the exchequer be show the continuance and death of the king h per quod speech  to stay behind dom Edward psum recently king in control what royal power to go  below ac regimen the same royal power super see assumpsit super quo concordat  quod prd defend attachietur de to make new ad respond speech dom royal power  nunc and thereupon a attachment be award on the return of which the defendant  shall appear and plead de to make new for although it be true that the king in  noble birth do not die for there be no   a calvin case note the case of the  abdication be a exception to this rule interregnum yet in hoc atom Henry the  king and Edward the king c die and that appear by record hill year Edward rot  a information of intrusion be prefer against I Schrymsal Esq for intrude into  the manor of Offeley in the county of Stafford the like record mich year  Edward rot a information prefer by the king attorney for the king only against  Michael Harecourt on the statute of maintenance hill Edward rot in the  exchequer in a information on the statute h for buy of title tam pro lord ring  how pro he himself and after issue join the king die the defendant appear on  coke a the attachment and plead de to make new simile per idem record rot  simile per idem record rot simile mic et Ph et mark in the excheq rot in a  information of intrusion against Richard Alford who appear and plead a special  plea on which there be a demurrer in law and the demurrer enter and afterward  queen mary die and upon that a subpoena issue to appear de to make new  returnable hill Elizabeth which be in shoe strap narrow places ibidem and  thereupon the defendant plead another special plea on which issue be take and  note to such effect as the precedent be in the exchequer so they be also in  the king bench as to all mariner of information the like pasch Edward rot  where in a popular action the king die after demurrer on the evidence and  before judgement and the defendant plead de to make new upon which record the  law appear to be that in all the say case the king be mere party or when the  information be tam pro dom ring how pro he himself when the king die before  judgement all the proceed on the information be utter abate and lose because  king Henry c to be pars who mortuns be but the information or indictment which  be record for the king shall stand and the say defendant shall be drive to  answer it de to make new and nothing shall stand but the information for that  be a record and can abate and the law have great reason in it for on many  penal statute the suit be to be commence within a certain time and therefore  if the information or indictment shall not continue in force after the king  death by the king death which be the act of God the offence will be unpunished  but if the king bring a original writ as quare hinder c there by the king  death the writ shall abate because the king for who judgement shall be give be  dead and after the death of the king who be party no process can be award on  the original as it may be on a information or indictment vide mic Elizabeth  vide Edward and Br office if one be indict in the time of one king and plead  to issue and afterward the king die he shall plead de to make new as you may  see in the case of Edward smith who plead to issue on a indictment of felony  in Middlesex in Phil and mark in the king bench and after the death of queen  mary repleaded in Elizabeth and be acquit so clement palmer be arraign in the  king bench on a nonsuit in a appeal at the suit of the queen Trin Phil and  mary and plead to issue queen mary die and mich I Elizabeth he repleaded vide  pasch Edward traverse of a office in chancery and the record send into the  king bench and afterward the king die and by the say stat of Edward it be  enact that in all case where coke report b er p any person or person  heretofore have be or hereafter shall be find guilty of any manner of treason  murder coke b manslaughter rape or other felony whatsoever for the which  judgement of death shall or may ensue and shall be repried to prison without  judgement c that the justice of gaol deliver shall have full power and  authority to give judgement of death against such person so find guilty and  repried c before that Act at the commonlaw if a mail have be indict and  convict by verdict or confession before any commissioner and before judgement  the king die in that case no judgement can have be give for the king for who  the judgement shall be give be dead and the authority of the judge who shall  give judgement be determine and this Act do remedy those special case but all  the king suit by original bill information or indictment for any other offence  do remain as at the commonlaw