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§. 3.
The Child. |
Evidence against Felons.
But for Children, I find in the Book of the Discovery
of Witches at
Lancaster Assizes, Anno Dom. 1612. That the Son and
Daughter of Elizabeth
Device, a Witch, were not only examined by the Justices of Peace
against the said Mother, and the said Examination certified and openly
read upon the Arraignment and Trial; but the Daughter also was commanded,
and did give open Evidence against her Mother then Prisoner at
the Bar. |
Chap. 164.
E. 3. b. 4. 2.
G. 2, 3, 4. |
| By an Infant. |
I farther find in the said Book of the Discovery
of Witches, that
two Children, the one about nine years of age, the other of fourteen,
did upon their Oaths give Evidence against the Prisoners upon
their Arraignment. See the Boo, fol. 4. la. b. K.
4. a. b. The like
was done at Cambridge, at Lent Assizes, Anno Dom. 1629.
before Sir
Henry Mountague, Lord Chief Justice of the Kings Bench.
' And herewith
' agreeth in some sort Mr. Bract. fol. 118. b. That
Minor infra ætatem
' may be a Witness or Accuser, cum tamen accusatus attachietur suq;
ad ætatem
' accusantis. |
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Accusation or Information by one that is decrepit
or unable to travel,
is good, and may be taken by the Justice of Peace upon Oath, and certified
at the next general Gaol-delivery, or Sessions of the Peace, as the Cause
shall require. |
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If one be an Accuser upon his own knowledge, sight
or hearing,
and he shall utter the same to another, that other may be an Accuser,
Dyer 99. |
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Accusation by an Approver. See hereof tit.
Bailment. |
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And note, That an Offender confessing any Felony
(upon Indictment
or otherwise) against himself, may also accuse others of the same Felony:
and such Accusation may be taken by the Justice of Peace, &c. |
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§. 2.
By Persons
discredited. |
Two inform against another in matter of Felony,
and they vary in
their Tales, (viz. in the day and place, when and where the Felony
was
committed) such Information is not much to be credited. See the Story
of
Susanna. |
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He that is examined, if part of that he speaketh
be proved to be false,
he is not to be credited in the residue of his Information; and therefore
we shall find in 16 E. 4. that a Man who was produced as a Witness
in the
Chancery, in his Deposition he was found to swear falsly in part,
and thereupon
his Testimony was utterly rejected. |
Crom. 100. |
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' Mr. Bracton, lib. 3. fol. 118. saith,
That an Accuser or Witness, must
' be integræ famæ, & non criminosus, quia criminosi
ab omni Accusatione repellumtum:
' Ut si Accusans fuerit Latro cognitus vel Utlagatus, vel aliquo
' genere Feloniæ convictus vel convincendus. Vide Pl.
Co. L. 6. |
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A Man attainted of Perjury, and the King pardons
and restores him, &c.
Quære, whether such a Persons Information shall be allowed
against a Prisoner;
for the old saying is, Once forsworn, ever forsworn. |
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A Man attainted of Conspiracy or Forgery shall not
be received to give
Evidence, or to be a Witness, See Cromp. 127. b. |
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But if one be brought before a Justice of Peace
upon suspition of Felony,
although the Information against the prisoner shall be by such Witnesses,
yet it seemeth safest for the Justice of Peace to take their Information
for the King, and to bind them over to give Evidence, &c. and to commit
the party suspected; and upon the Tryal to inform the Justices of Gaol-delivery,
concerning the Credit of those Witnesses. |
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