Law, Book 4 · Chapter 33
CHAP. 33.
Of Confeſsions.
COnfeſſion is when the Defendant confeſſeth the plaintifes action to be good. The Defendant confeſſing an enditement of felonie may accuſe others, in which caſe wee call him an Approuer. And one cannot (a)9. H. 6. Co… …be an Approuer but in felonie or Treaſon. And that vponupon an (b)1. H. 7. 5.enditement onelyonly, and though it be (c)1. H. 7. ibid.after not guiltie pleaded, yet before verdict hee may become an approuer. But vponupon an appeale one cannot bee an approuer. Nor without (d)1. H. 5. Co. 441confeſſion of felonie before the Iudges, which confeſſion muſt be (e)Stam. 143. ….vponupon an enditement precedent (that the Iudge may at any time giuegive iudgement to attaint him) not vponupon an arreſt for felonie of the ſame offence. But he cannot approue one that (f)Stamf. 143. ….receiued him, for it muſt be of ſuch an offence as he himſelfe did together with the other: nor one that (g)10. E. 4. 14.abetted and procured him to commit the felonie, for he confeſſeth not himſelfe guiltie of the ſame offence, in as much as he cannot abet himſelfe.
Statutes.
Weſtm. 1. ca. 12. Notorious felons which will not put themſelues vponupon an enqueſt at the Kings ſuit againſt them, ſhall be put to a paine ſort & dure, as thoſe which refuſe to be tried by the Law of the land.
One that flyeth to a church (a)The Stat. 32. H. 8 cap. 21. ſo reciteth it.or churchyard, & confeſſeth before the Coroner when he cometh, the certaintie of any barre, felonie, where life or member is to be loſt before he be thereof attainted, whether vponupon an enditement or appeale, as that he hath Stam. 119. b.ſtolne ſuch or ſuch a thing, killed ſuch or ſuch a man. But at the firſt taking of the Stam. 116.Church, it is enough to ſay he taketh it for a felonie, which hee hath committed generally may abiure, and ſo ſaue himſelfe But not in caſe of high Treaſon, or petie treaſon, for the Coroner cannot attaint him vponupon his confeſſion thereof, becauſe he is not his Iudge of ſuch a crime: neither can be his Iudge as he is Coroner, although he hauehave a Commiſſion from the King to do it. And if the offendor, being in the Church, will of purpoſe confeſſe a felony, to the entent to eſcape of treaſon, yet if the Coroner hauehave information that he is charged with a treaſon, he may not ſuffer him to abiure. And that for the Kings aduantage, who is to take more benefit if he be attainted of treaſon then of felonie, becauſe of the eſchete. The ſame law it is of petie treaſon, for the Coroner can no more record his confeſſion of that then of high Treaſon: neither may the Coroner if he be enformed that he hauehave committed petie Treaſon, ſuffer him to abiure of felony, and that in reſpect of the heinouſneſſe of the offence, notwithſtanding Br. Coro. 182.the King be to hauehave no more aduantage in petie treaſon then in felonie. Neither can a man abiure for petie larcenie, becauſe he is not to ſuffer death for it likewiſe.
Abiuration is his (a)Stam. 119. b.oath before the Coroner himſelfe to depart the Realme for euer at the time and place ſet him: going the direct way thither: tarrying there but one floud and ebbe if he can hauehave paſſage: and till he can ſo paſſe going eueryevery day into the ſea vp to his kners to aſſay if he may paſſe ouer, and if he cannot paſſe within xl. daies then to put himſelf againe into the Church as a felon, &c. And this abiuration is an (b)Stam. 122. c.attainder in it ſelfe (and that the ſtrongeſt that can be, being by his owne confeſſion) and a (c)4. El. Pl. 262.forfeiture of his lands. And there is a writ of eſchete of land for felonie, pro qua abiurauit regnum. And therefore he (d)3. E. 3. Co 33. fthat is hanged vponupon iudgement againſt him, and becommeth aliue againe, cannot abiure (but an abiuration in that caſe is an eſcape) for one cannot hauehave two iudgements for one offence.
Statutes.
9. E 2. Stat. de artic. cleri cap 10. Thoſe that abiure may not be moleſted whileſt they are in the ſtreet, and whileſt they be in the Church their keepers may not tarrie in the Churchyard.
9. E. 2. Stat. de artic. cleri. ca. 15. A Clark ſhall not be compelled to abiure, but to hauehave his Clergie.
21. H. 8. cap. 2. Immediatly after confeſſion, and before abiuration, the felon ſhall be marked in the hand with an hote Iron with the ſigne of an A. The felon muſt take his paſſage at ſuch a day and time as the Coroner ſhall limit, elſe he ſhall loſe the benefit of ſanctuarie, and be taken out and further ordered according to his demerits, without reſtitution to ſanctuarie.
22. H. 8. cap. 14. If he be found out of the place, he ſhall dye for it.
22. H. 8. cap. 12. All abiurations ſhall be made to certaine priuiledged places within the Realme, mentioned in that Act, there to remaine during his life.