| Chap. 187. |
Tryal.
' Bills, and not for not presenting things not so first complained of,
but
' in not finding Bills drawn up and presented to them to find; for the
' words are doubtful. |
521 |
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' Such Inquiry or Concealment must be made within
the year after
' such Concealment. |
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6. ' Such Amercement must be reasonable, although
directed to be by
' discretion, which must be sanæ & legalis; concerning
which Mr. Dalton
' hath given many sound directions and advices: and see F.
N. B. 175. in
' the Writ De moderata misericordia. |
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7. ' It seemeth reasonable the Inquest ought
to consist of as many or
' more as the first inquest did; for this is a way of attainting a Jury
' which is criminis accusare, vel suspicione criminis attingere. |
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8. ' Notwithstanding any trivial complaint,
the Justices of Peace may
' take or not take such Inquests as they see cause; for it is left
to their
' discretion by the Statute. |
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9. ' Such Amercement on Jurors for Concealment
must be set in plein
' Sessions, not plain (as I take it) as the printed Book is. |
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' If any Jurors shall either upon an Issue of a
traverse in any thing not
' Felony, or which is Felony, doubt upon the Evidence what the Law
' is, they may (as it seems) give a special Verdict in Sessions as in the
' Courts of Gaol-delivery or Assizes, and that by the Common Law before
' the Statute of West. 2. c. 3. for that Statute is but declaratory
of
' the Common Law, Co. 2. Inst. 425.
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§. 7.
Special
Verdict. |
7 Jac. 1. |
Tryal. CHAP. CLXXXVII.
' IF any commit in Scotland any Offence, which
by the Laws of England
' is or shall be declared or adjudged to be Petty Treason, Murder,
' Manslaughter, Felonious burning of Houses and Corn, Burglary, Robbing
of Houses by day, Robbery, Theft or Rape, and shall fly into England,
' and be apprehended in the Counties of Northumberland, Cumberland,
' Westmerland, or within the parts or places lying on the North
side
' of the River Tine called Bodlingtonshire, Northumptonshire
and Islandshire,
' the Town and County of Newcastle upon Tine, and Town of Berwick
' upon Tweed, or Liberties thereof: it shall and may be
lawful for
' the Justices of Peace in their general Quarter-Sessions, or any 4 of
them,
' upon due examination and pregnant proofs, by Warrant under their
' Hands and Seals to remand and send such Offenders into Scotland
there
' to receive Trial, &c. |
§. 1.
Scotland. |
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' The Trial of an Offender ought regularly to be
in that County
' where the Offence was committed; unless any Statute doth otherwise
' provide, as some do, viz. 1 & 2 Ph. & M. c. 4.
and divers others. But
' if one steal Goods in the County of A. and carry them with him
into
' the County of B. and be there apprehended; he may be tried and
' punished for the same in the County of B. for in this case Facimus
sequitur
' personam. 1 Jac. 11. Bigamy shall be tried
where the party is
' apprehended. |
§. 2.
County. |
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' The Trial of Felonies, and of things and offences,
for which a person
' is not bailable, or the party cannot get Bail, but lies in prison, ought
' to be as speedy as may be in favorem libertatis: and therefore
it is usual
' to indict them and try them at the same Sessions. See before in
Sessions
' But in other causes of Indictment for breach of Penal Statutes,
' or for Nusances, or for other misdemeanors not made Felony, they cannot |
§. 3.
The same
Sessions. |
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