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Examination.
Causes of Suspition. CHAP.
CLXVI. V. 113.
NOw upon the Examination of Felons, and other like
Offenders,
these Circumstances following are to be considered.
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413. |
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1. His Name, sc. if he be called by
divers names. Duplex nomen
malum omen.
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His Parents; if they were wicked, and given to the same
kind of fault.
His Education; whether brought up idly, or in any honest
Occupation.
His Ability of Body; sc. if strong and swift, or weak or
sickly, not likely to do the Act.
His Nature; if civil or hasty, witty and subtil, a Quarreller,
Pilferer or Bloody-minded, &c.
His Means; if he hath whereon to live or not, ' or Si solito
' ditius se habnerit in vestibus & in aliis ornamentis, cibis,
' & potibus, & hujusmodi. Br. fol. 120. 122.
His Trade; for if a man liveth idly or vagrant, (nullam
exercens artem nec laborem) it is a good cause to arrest him
2. Quality. upon suspition, if there have been any
Felony committed,
7 E. 4. 20. Br. Faux Imp. 22.
His Company; if Ruffians, suspected persons, or his being
in company with any the Offenders, 7 E. 4. 20.
His Course of life; sc. if a common Ale-house-haunter, or
riotous in Diet, Play, or Apparel.
Whether he be of evil Fame or Report.
Whether he hath committed the like Offence before, or
if he hath had a Pardon, or been acquitted for the Felony before:
Num qui semel est malus semper præsumitur esse malus
in eodem genere mali.
So if he hath formerly abjured the Realm, or been Outlawed
for Felony, although he hath his Pardon.
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If he hath any Blood about him or his Apparel, or that
his Weapon be bloody.
If any of the Goods stollen be in his possession.
If any of the Apparel of the party Murthered be in his
possession.
The change of his Countenance, his Blushing, Looking
3. Marks downwards, Silence, Trembling.
or Signs. His
Answers doubtful or repugnant.
If he offered Agreement or Composition.
If he hath laboured his Neighbours not to speak thereof.
The measure of his Foot, or his Horses Foot.
The bleeding of the dead body in his presence.
If, being charged with the Felony, or called Thief, he
saith nothing. F. Cor. 24. |
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