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Jurors and Challenges to them.
' They must also be sufficient; 1. Respectu
census, every one must have
' 40 s. of Lands or Tenements by the year; but for this cause he
must
' be challenged, or else if the party omit to challenge him, the Trial
is
' well made by such a Juror. 2. Respectu rationis, he
must be no Ideot,
' Lunatick, &c. |
Chap. 186. |
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' And because many times by such Challenges to Jurors
for want of
' Freehold upon Trials of Offences in Cities, Boroughs, or Towns Corporate,
' such trials were deferred; by Stat. 23 H. 8. 13. it is provided,
' that every person being the Kings natural born Subject, that useth or
' enjoyeth the Freedom of such place, and dwelleth there, having in
' moveables and substance to the value of 40 l. clear, may be admitted
on
' such Trials, except Knights and Esquires. |
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§. 4.
Medietas
Linguæ. |
' There is a way of Trial also peculiar to Forreigners,
called De medietate
' linguæ; which ought to consist of 6 English and 6 Forreigners,
if
' so many be in the place; if not, then so many as can be found there:
' but it matters not whether they be of the same Nation the Prisoner is
' of, for they may be of another nation; and the party must pray it,
' and shew the matter to the Justices. Yet where persons calling
themselves
' Ægyptians are to be tried for such their Offence, they are
ousted
' of this benefit by 1 & 2 P. & M. c. 4. |
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§. 5.
Indictor. |
' It is also a good Challenge to a Juror, that he
was one of the parties
' Indictors, for having been of that mind that the Prisoner was guilty,
' he shall not be presumed to change his mind: this is declared by
' 25 E. 3. 3. to be good cause of Challenge; for it was so also
by the Common
' Law, and therefore is good cause of Challenge as well in Felony
' as Treason. |
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' Many other causes of Challenge there are, as well
for the King as the
' party, which you may find very largely and learnedly handled by Justice
' Stamfod in his Pleas of the Crown, lib. 3. c. 7.
which relate to Criminal
' matters only; and a most excellent Scheme you may find touching
' Challenges between party and party in my Lord Coke 1 Inst.
fol. 156.
' many whereof may be a discerning Reader be easily adapted to this
' present purpose, and therefore I forbear to mention them. |
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§. 6.
Concealments. |
' And because Jurors are too apt to be favourable
to their Neighbours
' or Friends, in not presenting Offences, the Statute of 3 H. 7.
c. 1. hath
' provided, that Justices of Peace may inquire of such Concealments by
' another Jury, and punish them by Amercement by their discretions;
' touching which these things are considerable. |
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1. ' The matters which they may be thus punished
for the Concealment
' of, must be such matters and offences as by the Commission of
' the Peace or Statutes may be inquired of and presented before such
' Justices. |
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2. ' It seems by that Statute, that
where Inquests have been taken before
' Coroners, or some particular Justices out of Sessions, yet the Justices
' of peace may inquire thereof, for the words are Concealments of
' Inquests taken afore them or afore others. The like seems to me
of Inquests
' in Leets or the Sheriffs Turn, in matters whereof the Justices of
' Peace have also cognizance. |
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3. ' Every Juror that shall be impanelled
to enquire of such Concealments
' must have 40 s. per ann. of Lands or Tenements. |
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4. ' There must be complaint before them made
by Bill or Bills of
' such Concealment, if the word Bill or Bills in that Act do refer unto
' the Proceedings against such Concealments; or otherwise such Concealments
' must be in matters that have been complained of by Bill or |
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