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Examination of Felons.
before one or two Justices of Peace, and that out of the Sessions.
See here antea. |
Chap. 164. |
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And sometimes Conviction may be in the Sessions,
upon the Certificate
or Presentment of the Justice of Peace. See tit. Ale-houses and
High-ways. |
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And sometimes by Confession, or Examination of Witnesses
in Court,
without any Verdict taken. See Cromp. 130, 131. B.
Confess. 32. |
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§. 4.
Attainder. |
And in some Cases, Conviction shall be taken for
Attainder. See Co.
11. 59, 60. |
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The difference between Attainder and Conviction
in case of Felony, is
The Person attainted hath Judgment of Death given upon him: The Person
Convict, before Judgment, prayeth his Clergy, and hath it, and so preventeth
the Judgment, &c. Or after Verdict, Confession or Utlary, the
Felon is said to be convicted till Judgment be given. |
Co. 11. 58.
Stamf. 138
& 185. b.
Co. L. 390.
b. |
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And so a Man is properly said to be Indicted, when
the Offence is first
found by the great Inquest, or other Jury of Inquiry. |
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2. Convicted, when the Offender, having put
himself upon his Trial,
is found guilty by a second Jury; here he is Convict, before he hath
Judgment. |
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3. Attainted, when (after such Conviction)
Judgment is given against
the Offender, and thereby his Lands are forfeited, and his Blood corrupted,
Co. L. 391.
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§. 1. |
Examination of Felons, and Evidence against them. CHAP.
CLXIV.
Vide 111.
WHen any Person shall be brought before a Justice
of Peace for Murther,
Manslaughter, or any other Felony (wherewith the Justice
of Peace may deal) or for suspition thereof; before the Justice shall commit
or send such Offender to prison, he shall take |
2 & 3 Ph.
& Ma. 13.
P. Just.
108. |
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1. The Examination of such Offender. |
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2. The Information of such as bring him, viz.
He shall take their Examination
and Information of the Fact, and the Circumstances thereof: And
so much thereof as shall be material to prove the Felony, he shall put
in
Writing within two days after the said Examination. |
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3. Also the same Justice of Peace shall bind
all such by Recognizance,
as do declare any thing material to prove the Felony, to appear at the
next
general Gaol-delivery, (to be holden where the Trial of the said Felony
shall be) then and there to give in Evidence against such Offenders.
See
antea tit. Felony. |
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4. And then the same Justice shall make his
Mittimus, to carry the Offender
to the Gaol. |
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Or if such Offender be bailable, (and that there
be two Justices of
Peace present together, the one of them being of the Quorum)
after such
Examination and Information taken, and put in writing, the said Justices
of Peace may bail such Prisoner. |
1 & 2 Ph.
& M. 13.
P. Just.
107. |
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5. And the said Justice or Justices of Peace
shall certifie at the next
general Gaol-delivery such Examination, Information, Recognizance and
Bailment. |
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And if any Justice of Peace shall offend in any
thing contrary to the
true intent and meaning of either of these Statutes of 1 & 2, &
2 & 3 Ph.
& Ma. the Justices of Gaol-delivery, in their discretions, shall
fine every
such Justice of Peace. |
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