Foxley’s Case: 1572

If a man steals goods and brings them into a manor and there leaves them, in a home or in the custody of any one, or hides then, and afterwards flies, these goods are not waif.
Waif is where the felon in pursuit waives the goods, or from fear of being apprehended flies and waives the goods.
If the thief in his flight waives goods they were forfeited, if the felon on fresh suit is not attainted at the suit of the owner.
*If a man flies for felony his proper goods are not forfeited till it be found by indictment before the coroner; in case of death, or otherwide lawfully found of record, on acquittal that he fled for the felony.
* Things forfeited by matter of record, as bona fugitivorum, cannot be claimed by prescription *
* But waif, estray, treasure, trove, wreck, andc. which may be gained by usage without record may be prescribed for.*
* If man be tried for felony and acquitted and, the jury find he did not fly, yet his goods are forfeited by force of the the finding the flying before the coroner on the indictment found super visum corporis, if it be in the case of the death of a man *
* If a felon flies and is killed in pursuit, all his goods and chattels are forfeited, upon this matter being presented before the coroner, andc. *
*If a man kills a thief who would rob him, if the thief does not retreat he shall lose nothing *
* the 18th Eliz. makes the party as capable to purchase goods as if he had made his purgation or obtained his pardon *
* The common law notwithstanding purgation, the party forfeited his goods which he had before purgation or obtained his pardon. *
* Pardon of the burning of the hand discharges the punishment and pardon before conviction prevents the forfeiture. *


[1572] EngR 149, (1572-1616) 5 Co Rep 109, (1572) 77 ER 224



Criminal Sentencing

Updated: 18 May 2022; Ref: scu.432115