| Chap. 184. |
Indictments.
I have inserted this former Precedent, for that it
discovereth much matter
worthy the Justices observation.
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509 |
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Indictment. CHAP. CLXXXIV. V.
131.
FOr the Form of Indictments in cases of Forcible
Entries and Riots, I
have here before set you down certain Precedents; nevertheless
for that these Indictments be the chief foundation whereupon the whole
business and Trial is after to be grounded and built, I thought it
not
amiss to observe here these few general rules, as well concerning the
matter
as the form of these and all other Indictments or Presentments to be
taken before the Justices of Peace. |
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First, in these Indictments of Forcibly Entry and
Riots (as also in all
other Indictments of Felony or Trespass) it is good to say, Against
the
Peace, or other words to that effect. |
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Lamb. 484.
18 H. 8.
c. 8. |
Also these words, With Force and Arms, to wit,
with Swords, &c. are
not of necessity, yet it is good to use them, especially if the circumstances
of the Fact do require them; for these circumstances do either aggravate
or diminish the Offence, Stamf. 94. |
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But these words [with Force and Arms] are needless
in an Indictment
of Forcible Entry, because they are implied in the word Force. |
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Yet note, that in all the Indictments of Treason,
Murther, Felony or
Trespasses, these words [with Force and Arms] are necessary to be put in:
(Otherwise it seemeth of Offences which are against the Peace only, as
Conspiracies, Deceits, Slanders, Escapes for Debt, and the like.)
Finch. |
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Co. 4. 48.
Br. Parl.
87. |
Also in Indictments found upon Statues it is not
needful, nay it not
safe to recite the Statute at all: for as the recital is not necessary,
so the
mis-recital thereof in the matter, or in the year, day or place, is fatal
to
the Indictment, and maketh it void. But it is safe and sure to draw
the
Indictment with this Conclusion, sc. |
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Co. 4. 84.
Dyer 363. |
Against the form of the Statute in such case made
and provided, (if
the Indictment be founded upon the Statute:) or against the form
of
several Statutes in such case made and provided, (without naming any
special Statute, where many Statutes do concern one Offence, ) Cromp.
104. |
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Plo. 1. &
79. |
Yet the Offence against the Statute must be certainly
described in the
Indictment, and the substance and material words in such Statute must be
fully set down therein. Plow. 1. & 79. Lamb.
485. Co. L. 98. b. |
|
Lamb.
463, &c.
Br. Indictments
6.
24, 34, 46,
& 47.
Stamf. 96. |
Also all Indictments and Presentments (being in
the nature of Declarations
for the King against the Offenders) ought to contain certainty,
and shall not be supplied or maintained by implication, intendment or
argument, Co. 5. 120. Plo. 84. 122. and therefore six
principal things be
most commonly requisite in all Presentments before the Justices of Peace.
viz. |
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1. The Names and Surnames, as well of the
parties indicted, as of the
parties offended; with the addition of the Degree, Mystery, and the
Dwelling place of the party indicted, (sc. both the Town, and County.) |
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Yet in some cases an Indictment, that he did procure
unknown persons,
or that he did take the Goods of an unknown person, &c. or the
like, may be good. See plus Lamb. 470, 476. Br. Indictment
6, 10,
11. Dyer 99. & Plo. fol. 85. b. |
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