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Judgment.
' not try the cause the same Sessions the Indictment is, as was resolved
in
' Brumpsteds Case, Hill. 11. Car. 1. Cro. where
a person was indicted of Extortion,
' and proceeded against to conviction the same Sessions, and adjudged
' not good: and so was also resolved Trin. 23 Car.
1. upon an Indictment
' for words spoken of the Queen Mother: so likewise of Justices
' of Oyer and Terminer. But otherwise it is of Justices of Gaol-delivery;
' and by the case of 22 E. 4. Fitz. Coron. 44. it appeareth,
that the Justices
' of Peace in their Sessions cannot proceed in a cause criminal the same
' Sessions, especially where the party requires time to be advised. |
Chap. 188. |
§. 4.
Forreign
Plea. |
' By the Statute 22 H. 8. 14. made perpetual
by 32 H. 8. the Trial against
' the party indicted shall be in the County where he is indicted for Murder
' or Felony, notwithstanding any Forreaign Plea.
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§. 1.
Woman. |
Judgment. CHAP. CLXXXVIII.
' A Woman convicted of taking Goods above the value
of 12 d. and
' under the value of 10 s. or as Accessary to any such Offence,
for
' which a Man might have his Clergy, shall for the first Offence be
' branded and marked in the Hand, upon the brawn of the left Thumb,
' with an hot burning Iron, with a T upon the Iron, openly in Court;
' and be farther punished by Whipping, Imprisoning, Stocking, or sending
' to the House of Correction, in such manner and for such time (not
' exceeding one year) as the Judge shall think fir, and then be delivered
' out of prison. |
21 Jac. 6. |
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' But if the estsoons offend, she is to have Judgment
of Death, as she
' was to have had at Common Law. |
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' For the Judgment in Treason and petty Treason,
the Justices not
' medling therewith, I refer you to the Books, and especially to Mr. Justice
' Stamford, who hath written learnedly and largely of the Pleas
of
' the Crown, l. 3. c. 19. and also Coke tit. Pleas of
the Crown. |
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§. 2.
Felon. |
' In case of Felony the Judgment is usually pronounced
thus; You shall
' be carried back to the prison from whence you came, and from thence
' be had to the place of execution, and there be hanged by the Neck until
' you be Dead, and the Lord have mercy upon your Soul. |
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§. 3.
Petit Larceny. |
' In cases of petit Larceny the Justices of Peace
may award the party
' either to be whipped at the Carts tail, or at the Whipping post, as they
' shall judge convenient. But Whipping is grown the usual and ordinary
' punishment, although formerly it was uncertain, and punished by Pillory
' or cutting off the Ears, Co. i4. Inst. 218. |
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§. 4.
Altering
the Judgment. |
' By many Statutes peculiar punishments are appointed
for several
' Offences, as Pillory, Stocks, Imprisonment, binding to the Good Behaviour,
' Stigmatizing, &c. But in all those cases no room is left for
the
' Justices discretion, for they ought to give Judgment, and to inflict
the
' punishment in all the circumstances thereof as such Statutes do direct.
' For if the King cannot alter the intire manner of Execution, as to direct
a person to be beheaded that hath Judgment to be hanged; much
' less can an inferiour Court alter a Judgment and Sentence directed
' by Act of Parliament. And therefore the course taken up in some
' Counties, to admit the party indicted for breach of Penal Laws, to
' submit with a Protestation Not Guilty; and therefore forbear to inflict
' the penalty imposed, and so mitigate the penalty, and is an Offence
' for which they are punishable: for thereby, 1. The Sentence |
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