A PREPARATION FOR THE UNION OF LAWS. 97 



tenant in tail, go to the king; and the king hath 

 likewise, in fee-simple lands holden of common lords, 

 &quot;annum, diem, et vastum.&quot; 



In felony, the lands are not in the king before 

 office, nor in the lord before entry or recovery in 

 writ of escheat, or death of the party attainted. 



In felony, there can be no proceeding with the 

 accessary before there be a proceeding with the prin 

 cipal ; which principal if he die, or plead his pardon, 

 or have his clergy before attainder, the accessaries 

 can never be dealt with. 



In felony, if the party stand mute, and will not 

 put himself upon his trial, or challenge peremptorily 

 above the number that the law allows, he shall have 

 judgment not of hanging, but of penance of pressing 

 to death ; but then he saves his lands, and forfeits 

 only his goods. 



In felony, at the common law, the benefit of 

 clergy or sanctuary was allowed ; but now by sta 

 tutes it is taken away in most cases. 



In felony, bail may be admitted where the fact is 

 not notorious, and the person not of evil fame. 



In felony, no counsel is to be allowed to the 

 party, no more than in treason. 



In felony, no witness shall be received upon oath 

 for the party s justification, no more than in treason. 



In felony, if the fact be committed beyond the 

 seas, or upon the seas, &quot; super altum mare,&quot; there is 

 no trial at all in the one case, nor by course of jury 

 in the other case, but by the jurisdiction of the 

 Admiralty, 



VOL. v. H 



