the security is discharged 1. by demise of the king; 2. by death of the principal before forfeiture; 3. by order of the court on cause; 4. if granted on private account, by release, &c. any justice may ex officio bind parties to keep the peace who make af- courts of criminal jurisdiction are either of a public and general jurisdiction, or 5. the high court of admiralty, having cognizance of offences on the sea, or 6, 7. the courts of oyer and terminer and general gaol delivery, 8. the court of general quarter sessions of the peace,.. 9. the sheriff's tourn or great court-leet of the county,. 10. the court-leet, or view of frankpledge,.. 11. the court of the coroner, to enquire concerning deaths in prison or sudden 2. the court of the lord steward of the king's household, or in his absence, of 1. in cases of offences against the revenue laws,...... a general warrant to apprehend all persons suspected or guilty of a 291 if the warrant is fair on its face the officer is justified in exe- 291 2 by officers without warrant, which may be by a justice in case of fel- 292 or by sheriff or coroner, of any felon in his county,.. 292 or by constable, in case of breach of peace in his view, or of felony 292 or by watchmen, of all offenders,. 292 ...... and may justify breaking doors for the purpose, 293 and upon probable suspicion in case of felony actually committed 293 4. hue and cry is the old common-law process of pursuing, with horn 294 and those prosecuting it have the same powers as under a warrant, . 294 295 OF COMMITMENT ON BAIL,... when a person is arrested, he is taken before a justice and examined, bail must not be refused in bailable cases, nor excessive bail required,.. 296-300 296 296 297 297 298 a prisoner committed to await trial is to be treated with the utmost humanity, 300 CHAPTER XXIIL indictments must be certain as to person, place, time and offence,. 806 though time and place are generally immaterial,.. 806 OF THE SEVERAL MODES OF PROSECUTION-(continued.) ... the trial must be by jury of the county of the offence,.. PAGE. 809 810 312 812 which could be had in case of larceny, rape, arson, and murder, trial on which was a bar to indictment, but an appeal might be had after the king could not pardon in case of appeal, but the appellee might re- 316 OF PROCESS UPON AN INDICTMENT,. .818-321 process to bring in an offender, when indicted in his absence, is by venire facias, 818 which is done, 1. to determine the validity of proceedings; 2. to obtain an impartial trial; 3. to plead a pardon; or, 4. to obtain process of in case of a peer the indictment is transmitted on certiorari into parliament, 821 OF ARRAIGNMENT AND ITS INCIDENTS, . arraignment is calling the prisoner to the bar of the court to answer the indictment, 322 when arraigned the indictment is read to him, and it is demanded whether he if he makes no answer, or answers foreign to the purpose, or, after pleading not guilty, refuses to put himself upon the country, he is said to stand which in treason, petit larceny and misdemeanors was equivalent to con- 325 in other cases the prisoner was subjected to the peine forte et dure,. 325 326 now if the prisoner stands mute a plea of not guilty is entered, 824n if he pleads guilty, judgment is awarded,.. if he confesses and accuses another to obtain pardon, he is called an approver, 329 829 CHAPTER XXVL the defence of the accused is made either by, 1. plea to the jurisdiction, 2, demur- rer; 3. plea in abatement; 4. special plea in bar; 5. general issue,. 332 formerly plea of sanctuary and benefit of clergy,. plea to the jurisdiction is when an indictment is taken before a court that hath no demurrer admits the fact, but denies that in law a crime is charged,. which, if adjudged against the prisoner in case of felony, he shall plead over, 832 338 884 334 838 special plea in bar is either autrefois acquit, autrefois convict, autrefois attaint, or a which if found against the prisoner he may plead not guilty, 4. in the court of the lord high steward when a peer is capitally indicted,.... 848 5. trial by jury secured by magna charta,. the advantages of which considered,. the prisoner entitled to a copy of the indictment.. and compulsory process for his witnesses... ...... the jury consists of twelve, who must be sworn,.. challenges may be had either by the crown or the prisoner; 1. to the an alien may have a jury de medietate, except in treason,... 349 349 350 351 351 351 352 354 at common law the prisoner may have 35 peremptory challenges,..353, 354 .355n the doctrine of evidence generally the same as in civil cases,..... 356 but in treason and misprision of treason, two witnesses are presumptive evidence of felony to be admitted cautiously,... the verdict of the jury is either, 1. general, guilty, or not guilty; or, 358 360 860 benefit of clergy had its origin in the usurped jurisdiction of the popish ecclesi- originally none but the clergy admitted; afterwards all who could read,.... 367 ..368, 369 now it is wholly abolished, when the prisoner is brought in to receive judgment, he may move in arrest for or plead pardon or pray benefit of clergy,.. if these fail, the court pronounces the judgment prescribed by law,.. ....... attainder is a consequence of judgment of death, chattel interests are forfeited absolutely in treason, misprision of trea- son, felony, excusable homicide, petit larceny, standing mute, as- and for flight on accusation of treason or felony, chattels are for- 887 lands are forfeited upon attainder; goods upon conviction,... the forfeiture of lands is from the offence committed; that of goods 893 the effect of which, after judgment upon conviction, is that all the pro- but there may be a new prosecution for the same offence,. a reprieve is a withdrawing of the sentence for a time, whereby execution is sus which may be for pregnancy of a female convict,. and may be avoided for fraud,. ...... is strictly construed, and should describe the offence,................ 894 395 400 400 401 .... 408 and may be granted by act of parliament, which may not be pleaded as the 402 pardon acquits of all corporal penalties and forfeitures, and restores credit,.. CHAPTER XXXIL and one mode of death cannot be substituted for another, 404 ... but the king may remit a part of the sentence,.. in capital cases, if the first effort at execution is ineffectual, the prisoner 405 406 |