Les reportes del cases in Camera Stellata, 1593 to 1609 from the original ms. of John Hawarde edited by William Paley Baildon Published 1894 Pages 149
In Camera Stellata, coram Consilio ibidem, Veneris, 11 Junij, 1602, Elizab. 44, Termino Trinitat.
Phillips moved the opinion of the Court in Hele and Prestwoodde's case, heard last term, when I was not present, but as I heard by report, this is the case: Prestwoodde, a gentleman of good condition, prescribed to have a way and passage in the yard and close by the house of a tenant of Healle's (and it seems in truth that this is an ancient way and via regia), to carry timber from his land, and had not any other passable way; the servants of Prestwoodde came with the team in a peaceable manner, and broke the hedge and diverted the ditch in attempting to pass, but the tenant came [with] a 'forreste bille' and other weapons, and resisted them, and beat the oxen. Prestwoodde himself came after his servants with his usual man who attended on him, in a peaceable manner without weapons, and persuaded them to permit the cart to pass, which they did, the others saying that they would be better prepared for their return, etc.
On the whole matter the Court gave sentence, there being ten [Judges] in Court. Five [of them] condemned Prescotte [sic] as guilty of a riot, and his servants [also]. Five There is others acquitted the servants of all and Prescotte [sic] of the riot but not of the misdemeanour, but of this they enters found Prescotte [sic] himself guilty. Now the question is if he be acquitted or condemned, and if the voices being equal, the sentence should not be taken to condemn the (p.150) party, because it is to the Queen's benefit. The Court wished to consider this. By the Attorney: it seems that the precedent of the Court in such a ease is that the sentence for the Queen's benefit should be taken. Others to the contrary. Query.
If it be in a case of felony or treason, as in Lord Dacre's case in the time of Henry VIII., if the voices are equal, the party is acquitted, for it is in favore vitae, which is a thing that the law favours ('life, libertie and dower').
But if a man be charged in this Court with riot and other misdemeanour, and five condemn him [for the riot], and five condemn him for the misdemeanour but not for the riot, then he is acquitted of the riot: by the Lord Keeper.
The Queen's Attorney informed [in a case] of forgery; the deed was confessed, and ought to be brought into Court and there remain until the cause be heard in [due] course of the Court; but the Attorney moved that, inasmuch as it now appeared that the 'counterpane' [sic] of [the deed] was cancelled, that this also might be brought into Court. The Lord Keeper said, "First examine upon this deed, which is confessed and not cancelled, and if there appear any cause, then the other deed, which is cancelled, should also be brought into Court."
see STAC Hele