coke a case OF pardon hill Elizabeth a general pardon pardon all felony c but  except burglary hold one attaint of burglary be within the exception a be bind  in a statute of to b b sue execution and the land of a be deliver to b in  execution until he have levy the and afterward b make a defeazance to a by  indenture that if c the statute shall be void and hold that the defeazance be  sufficient to defeat the statute and the execution upon it the general pardon  of Elizabeth pardon all felony c in which burglary be except in this term it  be ask of all the judge of England if the attainder of one for burglary be  except and it be object that by the attainder and judgement the offence of  burglary which be but matter in fact be now alter by the judgement and become  of record and thereby the offence utter extinct and then it be not by the name  of burglary except and by consequence he who be so attaint of burglary shall  be pardon but it be resolve that the attainder be except for if the burglary  be except although it do not appear to the eye of the law but stand in doubt  and be leave to trial whether it be burglary or not a strong when the burglary  appear of record by judgement of law it shall be except and it be say that the  burglary be not coke b extinct but have receive such judgement by which it be  manifest as the law require which judgement so long as it remain in force the  offender can be call in question for the burglary because the course of the  law have have its end but that do it prove but that the offence of burglary  remain as in ass p a Br defeas Br debt defeazance of stat   cart touch b c a a  be bind in a statute of to b b sue execution and the land of a be deliver to b  in execution until he have levy the and afterward b make a defeasance to a by  indenture that if a pay he at a certain day that then the recognizance  videlicet the statute of shall be void and it be adjudge that although the  statute be execute yet the defeasance of the statute be sufficient in law to  defeat as well the statute as the execution upon it for the statute be the  foundation of the whole and therefore if that be defeat all which be build  upon it shall be defeat also a in Com dig Defeazance c it be lie down general  that if a thing executory in its commencement be execute a defeazance  afterward be too late if the law in the text be correct the position of the  chief baron be too general Vid ante Rep b greig v Talbot barn Cress SC dow Ryl  a so in the principal case although the jury have find the prisoner guilty of  burglary and thereupon he have judgement yet the offence of burglary be the  foundation of the whole and therefore if that be except the whole proceed upon  it be except also see in my last report where by the exception of the offence  in the general pardon all a latch   a b palm hob Cr Elizabeth Inst a dependent  upon it be also except and yet if a man b Stamf cor b Inst latch Owen b be  attaint of felony by judgement outlawry or abjuration and afterward the king  pardon general the felony it be nought worth but the reason thereof be not  because by the attainder the felony be extinct but because the king be not  true inform as he ought to be of the true state of the case for peradventure  if he have be inform of the c stat r cap   c truth and of all the proceed he  will not have pardon it vide e a e Coron h Stamf b but if a man be d  Fitzherbert chart Br Coron Br chart de pardon Br appeal d attaint of felony  and the king pardon the attainder and the execution of it also the pardon  shall be disallow because the king do it pardon the felony by express word as  it be adjudge coke report a er p in h b which prove that the felony remain but  h e dyer pl e if murder or petittreason be make hightreason thereby the murder  or petittreason be extinct for hightreason do f style f fly every less offence  vide m Elizabeth dyer g dyer pl g if man kill his master and petittreason be  pardon by the general pardon and murder be except he shall be discharge for  petittreason be murder and more vide Elizabeth dyer one Burton parson of  Isbock in Leicestershire be deprive year Elizabeth for h Inst hob palm Owen  cro Elizabeth h adultery commit year I Elizabeth and afterward by the general  pardon April Elizabeth the offence of adultery inter alian be pardon before  the that day of Feb then last pass and it be say that before the pardon sin  adultery prd to go over in remember P  a and therefore the sentence remain  coke a in force and it be strong urge that the sentence shall not by the  relation of the say pardon be make void but at the most voidable and therefore  until it be reverse by another sentence the deprivation stand in force and he  who be after his deprivation admit institute and induct remain parson till the  first sentence by another be annul but it be answer and resolve that the say  Burton who be deprive by force of the say pardon be now become parson again  without any sentence declare the say deprivation to be void for by the pardon  the adultery which be the cause and foundation of the sentence be discharge  and by consequence all that stand or depend upon the same foundation be also  discharge and no laches be in the parson or fault of plead for at the time of  the sentence he have not any matter in discharge but it come ex post facto by  relation of the general pardon and by judgement in law and therefore the  validity of it shall be discuss by the judge of the law and the party deprive  shall not be drive to a suit in the ecclesiastical court to have redress there  b in king v Wainwick Jeffries side Windham I say that the case of dr Burton  cite by coke in the case of pardon out of dyer but no such case can be find in  dyer have be often deny and without doubt it be not law that the parson shall  be restore by the relation of the pardon without any other act do in snow v  Phillips side it be also say that Burton case have be often deny to be law and  in tomb v etherington side Burton case be again deny to be law and it be say  that the case be not in dyer but seem to be the case in latch by the name of  Boston case although the report there suppose it to be of another time in Davy  case latch Burton case be cite from coke and not object to by the court but  seem to be assent to by Doderidge Jones on the ground that the pardon in that  case be a general pardon b so it seem if one be attaint of felony and  afterward by relation of a general pardon the felony be pardon and he shall be  discharge for he have not any remedy by error or otherwise to reverse the  attainder