of England."  This act is superseded by the act of 1809, Ch. 138, Sect. 2, making the counterfeiting 
of any gold or silver coin in circulation in the state punishable by confinement in the penitentiary.
    The result appears to be, that only the 3d and 4th branches of this statute or the 3d and 4th branches
of treason described therein, are proper to be continued in force in the state, which branches it is
presumed would have the same construction as had formerly been given to them, as was directed in
regard to the crimes mentioned in the act of February 1777, Ch. 20.

    See Co. Lit. 157 b. and 2 Hale 272.  This is one of the causes of challenge propter affectum.

    See the note on 9 Hen. 3, Ch. 25.

    This statute is considered to have been in force as far as it gave the writ of capias in debt and detinue,
and the capias in Withernam in replevin, and as proper to be continued, see 3 Bl. Com. 281,
and see the notes on 52 Hen. 3, Ch. 23, and 19 Hen. 7, Ch. 9, as to the process of outlawry, which in
personal actions, was given by statute only.  I do not find any proceedings to shew that it was used
therein, or that this statute extended to the province in that respect.
 

    Notwithstanding what has been stated in the note to the 29th chapter of Magna Charta, as to the
17th and 21st articles of our declaration of rights, it is thought proper that this statute should be incorporated
with our laws.  Blackstone, speaking of indictment, (4 Vol. 313,) observes:  " And if it
be found, then process must issue to bring him into court; for the indictment cannot be tried unless
he personally appears, according to the rules of equity in all, and the express provision of statute 28
Hen. 3, in criminal cases, that no man shall be put to death without bring brought to answer
by due process of law."
    The long enjoyment of a right may make people forget the origin of it, but this right (though possibly
included) not being expressly mentioned in our declaration of rights, it is proper that this statute
should be continued.
 

    As to the first part of this statute, see the note on 1 Edw. 3, Stat. 2, Ch. 16.  The observations
made therein are also applicable to the general power and authority of justices of the peace, as to