| Chap. 164. |
Restitution of Stollen Goods.
Concerning these Accusers or Witnesses, I have farther
seen two old
Verses, in these Words:
Convitio, sexus, ætas, discretio, fama,
Et forthna, fides; in Testibus ista requites.
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409 |
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' And yet in case of felony any Man (though of no
worth) may be allowed
' for a Witness or Proof. |
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' By Gods Law one Witness shall not be sufficient
against an Offender,
' for any Sin, Trespass or Fault, Numb. 35.30. Deut. 19.15.
And to the
' same purpose was the Stat. 25 Hen. 8. cap. 14. And
yet now by our Law
' one Witness is sufficient, where the Trial is by a Jury: for they
are all
' sworn to try the particular matter wherewith the Defendant is charged.
' So also one Witness is sufficient to convict an Offender before the
Justice
' of Peace in divers cases, the Justice of Peace being so expressly
therein
' enabled by Statute. |
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' And yet in other cases where the matter is to
be tried by Witnesses
' only, it is meet that there be two Witnesses. |
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' But no Man is to be condemned without an Accuser,
John 8.10. |
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When a Prisoner shall be brought before the Justice
of Peace for felony,
or suspition thereof, but that they bring him, or first complained of him,
will not or cannot inform any material thing against the Prisoner;
' Yet it
' seemeth the Justice of Peace ought to commit the party suspected after
' his Examination taken, and to bind over such as did first accuse the
Prisoner,
' or such as do bring him before the Justice to give in evidence, &c.
' And if afterwards the said Justice shall hear of any other Persons that
' can inform any material thing against the Prisoner to prove the felony,
' whereof he is suspected; the said Justice may grant out his Warrant for
' such Persons to come before him, and may also take their Information,
&c.
' and may bind them to give in evidence against the Prisoner, for every
one
' shall be admitted to give evidence for the King, Stamf. 163.
See antea
' tit. Felony, and tit. Accessary. |
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And it seemeth fit, that the parties grieved be
bound not only to give in
Evidence, but also to prefer a Bill of Indictment against the Prisoner;
and
the other Persons which can inform any material thing to prove the felony,
may be bound to give in evidence only. |
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P. Restit. 1.
Br. Estra. 8.
Doct. &
Stud. 64.
Stamf. 165
166. |
And for that Men should be the readier and more
willing to give Evidence
against Felons, the Statute made 21 H. 8. cap. 11. hath
enacted,
That if any Man hath any Goods stollen from him, if the Felon be thereof
indicted, and after in any sort attainted or arraigned, and thereof found
guilty, by reason of Evidence given by the party robbed, or Owner of
the same Goods, or by any other by his procurement, (though the Thief
be not hanged, nor have Judgment of Death) then the party robbed (or
Owner of the Goods) shall be restored to his said Goods by a Writ of
Restitution, though he never made any Fresh Suit or Huy and Cry.
Before
which Statute the party robbed could have no Restitution, without suing
of an Appeal against a Felon, and fresh Suit made. |
§. 5.
Restitution. |
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' Also if the Felon shall be Outlawed upon the Indictment
by means of
' the party robbed, or Owner of the Goods stollen, he shall have Restitution
' of his Goods by a Writ of Restitution, ut supra, Ba. U. 76. |
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And note, That the Justices before whom any such
Felon shall be found
guilty (or otherwise attainted by reason of Evidence given by the party
so robbed, or Owner, or by any other by their procurement) have power |
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