| Chap. 165. |
Examination of Witnesses.
but the Owner may take them again wheresoever he findeth them,
without any Restitution awarded. Co. 5. 109. |
411 |
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Also in the foresaid Book of Discovery of Witches,
I observe one other
thing, viz. |
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That Examination taken by Justices of Peace in one
County, may be
(by them) certified in another County, and there read and given in Evidence
against the Prisoner, Y. 2. 3. And in such cases the Examinations
would be taken upon Oath. |
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| Cromp. 193. |
The Offender himself shall not be examined upon
Oath: for by the
Common Law, Nullus tenetur seipsum pradere. Neither was a
mans fault
to be wrung out of himself, (no not by Examination only) but to be
proved by others, until the Stat. 2 & 3 P. & M. cap. 10.
gave Authority
to the Justices of the Peace to examine the Felon himself. |
Examination
certified. |
Cromp. 194. |
But it seemeth convenient, in cases of Felony especially,
that the Information
(of the Bringers and others) which the Justices of Peace do take
against the Prisoner be upon Oath: otherwise upon the Trial of the
Prisoner,
such Information or Examination taken by the Justice of Peace
shall not be read or delivered to the Jury, nor given in Evidence against
the Prisoner upon his Trial. And so was the direction of Sir Ed.
Coke
late Lord Chief Justice, (5 Jacobi at Cambridge Summer
Assizes) upon
the Tryal of a Felon: but (saith he) in case of a Trespass to the
value of two pence, no Evidence shall be given to the Jury but upon Oath,
much less where the life of a man is in question. See Lamb. pag.
210.
that he hath heard the Opinions of other Justices of Assize delivered accordingly. |
§. 7.
Upon Oath. |
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Also if the Informers be examined upon Oath, then
though it happen
they should dye before the Prisoner have his Tryal, of if they shall not
appear upon the Recognizance, and give Evidence against the Prisoner
(being laboured, perhaps, to absent themselves) yet may their Information
be given in Evidence, as a matter of good credit. |
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Also it is found by experience, that without Oath
many Informers will
speak coldly against a Felon before the face of the Justice of Peace; yea,
and will also speak very sparingly and coldly upon their Evidence given
before the Justices of Assize; as I have observed in some, had they not
been urged with their former Information taken upon Oath. For the
labouring (by the Offender and his Friends) to such as are to inform and
give Evidence (both before the matter cometh before the Justice of Peace
and after) is not grown over-common and usual. |
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| Lamb. 209. |
Also Mr. Brook (tit. Examination 32)
is of Opinion, That every Examination
ought to be upon Oath: And so also is the practice of the Justices
in the higher Courts at Westminster, in all the Examinations of
Summoners,
Viewers, Sheriffs, Clerks, or other Officers, &c. |
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And here let me admonish all such as are to inform
or bear Witness
against a Prisoner, or any Offender, before a Justice of Peace, or other
Magistrate, that they be well advised what they testify upon their Oaths;
knowing that in such cases, if either they should not speak the truth,
or should conceal any part of the truth, they should offend against God,
the Magistrate, the Innocent, the Commonwealth, and their own Souls.
sc. Against. |
§. 8.
Oaths. |
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God, in despising of him, taking his Name in vain,
and belying the
truth. |
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Magistrate, in misleading and deceiving him, and
causing him to do
Injustice. |
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Innocent, in spoiling of him of his Name, Goods
or Life. |
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N n 2
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