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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Criminal Sentencing - From: 1200 To: 1799

This page lists 7 cases, and was prepared on 21 May 2019.

 
Foxley's Case [1572] EngR 149; (1572-1616) 5 Co Rep 109; (1572) 77 ER 224
1572


Criminal Sentencing
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, &c. 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, &c. *
*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. *
[ Commonlii ]

 
 Halseys Case Touching Recusancy; 1605 - [1605] EngR 25; (1605-1611) Lane 104; (1605) 145 ER 335
 
Judgment of Death As Pronounced On Earl Ferrers By The Lord High Steward (Lord Henley) [1670] EngR 33; (1670) 2 Eden 384; (1670) 28 ER 947
18 Apr 1670


Criminal Sentencing
Laurence, Lord Ferrers, His Majesty, from his royal and equal regard to justice, and his steady attention to our constitution (which hath endeared him in a wonderful manner to the universal duty and affection of his subjects) hath commanded this inquiry to be made, upon the blood of a very ordinary subject, against your Lordship a peer of this realm. Your Lordship hath been arraigned; hath pleaded and put yourself on your peers, and they (whose judicature is founded and subsists in wisdom, honor and justice) have unanimously found your Lordship guilty of the felony and murder charged in the indictment.
It is usual, my Lord, for courts of justice before they pronounce the dreadful sentence ordained by the law, to open to the prisoner the nature of the crime of which he is convicted ; not in order to aggravate or afflict, but to awaken the mind to a due attention to, and consideration of the unhappy situation into which he hath brought himself.
My Lord, the crime of which your Lordship is found guilty, murder, is incapable of aggravation; and it is impossible but that during your Lordship’s long confinement, you must have reflected upon it, represented to your mind in its deepest shades, and with all its train of dismal and detestable consequences.
As your Lordship hath received no benefit, so you can derive no consolation from that refuge you seemed almost ashamed to take under a pretended insanity ; since it hath appeared to us all, from your cross examination of the King’s witnesses, that you recollected the minutest circumstances of facts and conversations to which you and the witnesses only could be privy, with the exactness of a memory more than ordinarily sound : it is therefore as unnecessary as it would be painful to me, to dwell longer on a subject so black and dreadful.
It is with much more satisfaction that I can remind your Lordship, that though from the present tribunal before which you now stand, you can receive nothing but strict and equal justice ; yet, you are soon to appear before an Almighty Judge, whose unfathomable wisdom is able, by means incomprehensible to our narrow capacities, to reconcile justice with mercy.
[ Commonlii ]
 
Attorney General v Basnett [1700] EngR 2; (1700) Park 268; (1700) 145 ER 776 (B)
1700


Criminal Sentencing

[ Commonlii ]
 
Thomas Amory v Henry Luttrell (1709) 2 ER 108; [1710] EngR 45; (1710) 4 Bro PC 159; (1710) 2 ER 108
5 Apr 1710
PC

Ireland, Criminal Sentencing
Lands of £353 per ann. were devised in trust for the sole and separate use of K during the joint lives of herself and her husband ; the husband being afterwards outlawed for high treason, these lands became forfeited, and were granted by the crown to S. his brother, subject to all legal and just incumbrances. S having withheld the rents of these lands from K whereby she was reduced to great necessity, she was prevailed upon to release the same to S, in consideration of £100 paid down, (though the arrears amounted to £200) and an annuity of £1200 per ann. during the joint lives of herself and her husband. But this release was set aside as fraudulent, and S. decreed to account, for the whole rents and profits.
[ Commonlii ] - [ Commonlii ]
 
Simon Lord Lovat v Kenneth Mackenzie, Factor and Assignee of The Creditors of Alexander Mackenzie Late of Fraserdale [1719] UKHL Robertson - 241; (1719) Robertson 241
4 Apr 1719
HL

Scotland, criminal Sentencing
Liferent Escheat - An act of parliament, at the time of the rebellion 1715, having ordained persons summoned by the crown to appear before the Court of Justiciary, and find caution for their good behaviour under the pain of life-rent escheat, &c.; and the life-rent escheat of a person neglecting to appear, being adjudged and granted to a donatory; though there was no previous declarator, the rents are ordered to be paid to the donatory; but the creditor who were real at the time of the falling of the escheat are ordered to be charged on the estate in due course of law.
Construction of the acts of parliament 1 G. 1. c. 20. and 50. and 4 G. 1. c. 8. The act 1 G. l. c. 50. having enacted that all persons who should be attainted of high treason, before the 24th of June 1718, should forfeit all estates which they were in possession of on the 24th of June 1715, or afterwards, to his majesty; and declared that every grant of such estate, or any part thereof made by his majesty, should be void: Under the prior act 1 G. 1. c. 20. a person's life-rent escheat being adjudged on the 13th of October 1715, is gifted away by the crown; he was afterwards attainted of high treason before the 24th of June 1718; but the gift of escheat is found to subsist, notwithstanding the provisos of the last mentioned act.
The vesting act 4 G. 1. c. 8. having declared the judgments of any court, relative to any claim out of a forfeited estate made since 24th June 1715, to be void; but containing a proviso in favour of the gift of escheat before-mentioned, the judgment given in this case was not voided by said act.
[ Bailii ]
 
Case of Kennet Lord Duffus In The House of Lords [1792] EngR 437; (1792) 2 Com 440; (1792) 92 ER 1150
1792
HL

Criminal Sentencing
When the legislature puts term on an offender, no Inferior Court can hold any other terms to be an equivalent.
[ Commonlii ]
 
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