II. To

252

2. These recognizances may be condi-
tioned, I. To keep the peace.
be of the good behaviour
3. They may be taken by any justice or
conservator of the peace, at his own
discretion; or, at the request of such
as are entitled to demand the same
All persons, who have given suffi-
cient cause to apprehend an intended
breach of the peace, may be bound
over to keep the peace; and all those
that be not of good fame, may be bound
to the good behaviour; and may, upon
refusal in either case, be committed to
gaol

CHAPTER XIX.

OF COURTS OF A CRIMINAL JRISDIC-

TION

253

256

258 to 277

1. In the method of punishment may be

considered, I. The several courts of

criminal jurisdiction. II. The seve-
ral proceedings therein

2. The criminal courts are, I. Those of

a public and general jurisdiction

throughout the realm. II. Those of a

private and special jurisdiction

3. Public criminal courts are, I. The

nigh court of parliament; which pro-

ceeds by impeachment. II. The court

of the lord high steward; and the court

of the king in full parliament: for the

trial of capitally indicted peers. III.

The court of King's Bench. IV. The

court of chivalry. V. The court of

admiralty, under the king's commis-

sion. VI. The courts of oyer and ter-

rainer and general gaol-delivery. VII.

The court of quarter-sessions of the

peace. VIII. The sheriff's tourn. IX.

The court-leet. X. The court of the

coroner. XI. The court of the clerk

of the market

258

258

258-275

Private criminal courts are, I. The

court of the lord steward, &c. by sta-

tute of Henry VII. II The court of

280 to 250

OF SUMMARY CONVICTIONS

1. Proceedings in criminal courts are, I.

Summary. II. Regular

2. Summary proceedings are such, where.

by a man may be convicted of avers

offences, without any formal process

or jury, at the discretion of the judge

or judges appointed by act of paria-

ment, or common law

3. Such are, I. Trials of offences an

frauds against the laws of excise and

other branches of the king's revenue.

II. Convictions before justices of the

peace upon a variety of minute offen

ces chiefly against the public police.

III. Attachments for contempts to the

superior courts of justice

CHAPTER XXI.

OF ARRESTS

281-286

289 to 295

courts of

II. Com-

1. Regular proceedings, in the

common law, are, I. Arrest.

mitment and bail. III. Prosecution.

IV. Process. V. Arraignment, and

its incidents. VI. Plea and issue.
VII. Trial and conviction. VIII. Cler-
gy. IX. Judgment, and its consequen-
ces. X. Reversal of judgment. XI.
Reprieve or pardon. XII. Execution 289
2. An arrest is the apprehending, or re-
straining, of one's person; in order to
be forthcoming to answer a crime,
whereof one is accused or suspected

3. This may be done, I. By warrant. II.

By an officer, without warrant. III.

By a private person, without warrant.

IV. By hue and cry

OF COMMITMENT AND BAIL

296 to 299

1. Commitment is the confinement of

one's person in prison for safe custody,

by warrant from proper authority; un

less, in bailable offences, he puts in

sufficient bail, or security for his fu-

ture appearance

2. The magistrate is bound to take rea-

sonable bail, if offered; unless the of-

fender be not bailable

3. Such are, I. Persons accused of trea-

son; or, II. Of murder; or, III. Of

manslaughter, by indictment; or if

the prisoner was clearly the slayer.

IV. Prison-breakers, when committed

for felony. V. Outlaws. VI. Those

who have abjured the realm. VII

Approvers, and appellees. VIII. Per

sons taken with the mainour. IX.

Persons accused of arson. X. Ex-

communicated persons

4. The magistrate may, at his discretion,

admit or not admit to bail, persons not

of good fame, charged with other fele

296

294

208

OF THE SEVERAL MODES OF PROSECUTION

299

301 to 312

1. Prosecution, or the manner of accusing offenders, is either by a previous finding of a grand jury, as, I. By presentment. II. By indictment. Or, without such finding-III. By information. IV. By appeal

2. A presentment is the notice taken by a grand jury of any offence, from their own knowledge or observation

3. An indictment is a written accusation of one or more persons of a crime or misdemeanor, preferred to, and presented on oath by, a grand jury; expressing, with sufficient certainty, the person, time, place, and offence 4. An information is, I. At the suit of the king and a subject, upon penal statutes. II. At the suit of the king only. Either, 1. Field by the attor ney-general ex officio, for such misdemeanors as affect the king's person or government: or, 2. Filed by the master of the crown-office (with leave of the court of King's Bench) at the relation of some private subject, for other gross and notorious misdemea nors. All differing from indictments in this that they are exhibited by the informer, or the king's officer, and not on the oath of a grand jury 5. An appeal is an accusation or suit, brought by one private subject against another, for larceny, rape, mayhom, arson, or homicide: which the king cannot discharge or pardon, but the party alone can release

CHAPTER XXIV.

PROCESS UPON AN INDICTMENT

301

301

302

307-312

312

prisoner to the bar of the court, to answer the matter of the indictment 2. Incident hereunto are, I. The standing mute of the prisoner; for which, in petit treason, and felonies of death, he shall undergo the peine for et dure. II. His confession: which is either simple; or by way of approvement

CHAPTER XXVI.

Page

322

324-331

332 to 34

OF PLEA, AND ISSUE 1. The plea, or defensive matter alleged by the prisoner, may be, I. A plea to the jurisdiction. II. A demurrer in point of law. III. A plea in abatement. IV. A special plea in bar: which is 1st, auterfoits acquit; 2dly, auterfoits convict; 3dly, auterfoits attaint; 4thly, a pardon. V. The general issue, not guilty

332-341

2. Hereupon issue is joined by the clerk of the arraigns, on behalf of the king 341

CHAPTER XXVII.

342 to 363

OF TRIAL, AND CONVICTION 1. Trials of offences, by the laws of England, were and are, I. By ordeal, of either fire or water. II. By the corsned. Both these have been long abolished. III. By battel, in appeals and approvements. IV. By the peers of Great Britain. V. By Jury 342-348 2. The method and process of trial by jury is, I. The impanelling of the jury. II. Challenges: 1st, for cause; 2dly, peremptory. III. Tales de circumstantibus. IV. The oath of the jury. V. The evidence. VI. The verdict, either general or special 3. Conviction, is when the prisoner pleads, or is found, guilty: whereupon, in felonies, the prosecutor is en titled to, I. His expenses. II Restitution of his goods

OF THE BENEFIT OF CLERGY 365 to 374
1. Clergy, or the benefit thereof, was
originally derived from the usurped
jurisdiction of the popish ecclesias-
tics; but hath since been new model.
led by several statutes

2. It is an exemption of the clergy from
any other secular punishment for felo
ny,
than imprisonment for a year, at
the court's discretion; and it is ex-
ended likewise, absolutely, to lay
peers, for the first offence; and to all
lay commoners, for the first offence
also, upon condition of branding, im-
prisonment, or transportation

3. All felonies are entitled to the benefit

of clergy, except such as are now ousted by particular statutes 4. Felons, on receiving the benefit of clergy, (though they forfeit their goods to the crown), are discharged of all

365

371

372

1. Judgment (unless any matter be offer. ed in arrest thereof) follows upon conviction; being the pronouncing of that punishment which is expressly ordained by law

Attainder of a criminal, is the immediate consequence, I. Of having judgment of death pronounced upon him. II. Of outlawry for a capital offence 3. The consequences of attainder are, 1. Forfeiture to the king. II. Corruption of blood

4. Forfeiture to the king is, I. Of real estates, upon attainder :- in high treason, absolutely, till the death of the late pretender's sons;-in felonies, for the king's year, day, and waste;in misprision of treason, assaults on a judge, or battery sitting the courts; during the life of the offender. II. Of personal estates, upon conviction; in all treason, misprision of treason, felony, excusable homicide, petit larceny, standing mute upon arraignment, the above-named contempts of the king's courts, and flight

375

380

381

381-388

394 to 598

OF REPRIEVE AND PARDON
1. A reprieve is a temporary suspension
of the judgment, I. Ex arbitrio judi-
cis. II. Ex necessitate legis; for preg
nancy, insanity, or the trial of identi
ty of person, which must always be
tried instanter

394-39€ 2. A pardon is a permanent avoider of the judgment by the king's majesty in offences against his crown and dignity; drawn in due form of law, allowed in open court, and thereby making the offender a new man

3. The king cannot pardon, I. Imprison ment of the subject beyond the seas. II. Offences prosecuted by appeal. III. Common nuisances. IV. Offences against popular or penal statutes, after information brought by a subject. Nor is his pardon pleadable to an impeachment by the commons in Parliament

CHAPTER XXXII.

OF EXECUTION

396

398

403

2. The warrant for execution is sometimes under the hand and seal of the Judge; sometimes by writ from the king; sometimes by rule of court; but commonly by the judge's signing the calendar of prisoners, with their separate judgments in the margin.

403