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Examination of Witnesses.
Commonwealth, sc. if the party be nocent or
guilty, and he clears
him by false Witness. |
Chap. 165. |
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His own Soul; for it is Perjury in him, at least
in the presence of God
and good men. |
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' And though he be not presently sensible of the
sore, yet, as one well
' saith, It will fester, and he shall then feel it most when no Plaister
shall
' be found wit cure it; yea, a Hell will come to them, before they come
' to Hell; for a Conscience is,
' 1. Testis, a Witness accusing them.
' 2. Judex, a Judge judging and condemning them,
' 3. Carcer, a Prison.
' 4. Tortor, an Executioner; yea, no Tongue can express the
Torture
' of a troubled Conscience.
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Whether Information, Evidence or Proof of Witnesses shall be
taken
against the King. CHAP. CLXV. V. 112.
IT seemeth just and right, the Justices of Peace,
who take Information
against a Felon or person suspect of Felony, should take and certifie as
well such Information, Proof and Evidence (as goeth to the Acquital or
Clearing of the Prisoner, as such as makes for the King, and against the
Prisoner: for such Information, Evidence, or Proof taken, and the
certifying
thereof by the Justice of Peace, is only to inform the King and
his Justices of Gaol-delivery, &c. of the truth of the matter. |
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And Sir Edw. Coke (at Lent Assizes at Bury,
5 Jac.) advised a Coroner,
that he ought to have done accordingly, (as I have heard.) |
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But quære, if the Justices of Peace,
or Coroner, may take upon Oath
such Information, Evidence or Proof, as maketh against the King.
It
seemeth no. |
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Upon Trial of Felons before the Justices of Gaol
delivery, the said
Justices will often hear Witnesses and Evidence which goeth to the clearing
and acquital of the Prisoner, yet they will not take upon Oath, but
do leave such Testimony and Evidence to the Jury to give credit or to
think thereof, as they shall see and find cause. |
Cromp.
110. b. |
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Popham, Chief Justice (at Cambridge
Assizes tempore Eliz.) committed
one to Prison, who, upon the Trial of a Felon, called out, That he
could give Evidence for the Queen; and when he was sworn, he gave
Evidence to acquit the Offender. |
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But by the Statute of 31 Eliz. cap. 4. it
was Enacted, That such persons
as shall be impeached for any Offence made Felony by that Statute
(being against imbezelling of Armour, &c.) shall be admitted to make
any lawful proof that they can, by Witness or otherwise, for their discharge
and defence. |
P. Armour. |
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In 7 H. 4. We shall find, that one
of the Serjeants, as amicus Curiæ,
and to inform the Court, (that they should not err) did shew his
Opinion to the benefit of a Prisoner, upon the insufficiency of the
Indictment. The like is to be seen in Brooks Case, 28 Eliz.
in Banco
Regis, Co. 4. 39. |
Stamf. 141
b.
Co. 4. 39. |
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