_L._ Nay, unless he be _compos mentis_, he is not _felo de se_, as Sir Edward Coke saith, _3 Inst. p. 54_; and therefore he cannot be judged a _felo de se_, unless it be first proved he was _compos mentis_. _P._ How can that be proved of a man dead; especially if it cannot be proved by any witness, that a little before his death he spake as other men used to do? This is a hard place; and before you take it for common-law, it had need to be cleared. _L._ I will think on it. There is a statute of _3 Hen. VII, c. 14_, which makes it felony in any of the King’s household servants, under the degree of a Lord, to compass the death of any of the King’s Privy Council. The words are these: That from henceforth the steward, treasurer, and comptroller of the King’s house for the time being, or one of them, have full authority and power, to inquire by twelve staid men and discreet persons of the chequer-roll of the King’s honourable household, if any servant, admitted to be his servant sworn, and his name put into the chequer-roll, whatsoever he be, serving in any manner, office, or room, reputed, had, or taken under the estate of a Lord, make any confederacies, compassings, conspiracies, or imaginations with any person, to destroy or murder the King, or any Lord of this realm, or any other person sworn of the King’s council, steward, treasurer, or comptroller of the King’s house. And if such misdoers shall be found guilty by confession, or otherwise, that the said offence shall be judged felony. _P._ It appears by this statute, that not only the compassing the death, as you say, of a privy-councillor, but also of any Lord of this realm, is felony; if it be done by any of the King’s household servants, that is not a Lord. _L._ No; Sir Edward Coke upon these words, _any Lord of this realm, or other person sworn of the King’s council_, infers (_3 Inst. p. 38_), that it is to be understood of such a Lord only as is a privy-councillor. _P._ For barring of the Lords of Parliament from this privilege, he strains this statute a little farther, in my opinion, than it reacheth of itself. But how are such felonies to be tried? _L._ The indictment is to be found before the steward, treasurer, and comptroller of the King’s house, or one of them, by twelve of the King’s household servants. The petit jury for the trial must be twelve other of the King’s servants. And the judges are again the steward, treasurer, and comptroller of the King’s house, or two of them; and yet I see that these men are not usually great students of the law.