| 72 |
Felony.
3. And must put in Writing such Examinations
and Informations, or so
much thereof as shall be material to prove the Felony, and must certifie
the same to the next general Gaol-delivery. |
Chap. 40. |
|
4. And after such Examination and Information
taken, then the Justice
must commit such Felons to the Gaol, or may bail them is they be bailable;
but then there must be two Justices together, and the one of them of the
Quorum. See Postea, tit. Bailment. |
1 & 2 Ph.
and Ma. c. 13. |
|
5. And must bind over (by Recognizance) the
Informers (and all such
as do declare any thing material to prove the Felony) to appear, and to
give evidence against the Felon, at the next general Gaol-delivery to be
holden within the County, City, or Town-Corporate, where trial of the
said Felony shall be. 2 Ph. & Ma. cap. 10. See hic,
cap. 3. |
|
|
If such Informer be unable to travel, &c. then
the Justice of Peace may
take his Information upon Oath, and may certifie the same, ut supra,
&c.
and may forbear to bind such Informer to appear personally before the
Justices at the Gaol-delivery, &c. |
|
|
Note, That in case of Treason or Felony, the
party accused may require
reasonable time to answer any Interrogatories, and having answered,
ought to have Copies of his Examination, if he desire it. Co.
Instit.
2 Part, p. 51. The Cases of Just. Richil, 1 Hen. 4.
And the Lord Carew,
16 Jac. |
|
|
If the Justice of Peace shall not certifie such
Examinations and Informations
to the next Gaol delivery, or if the Justices of Peace shall not certifie
their Bailment, or shall not bind over the Informers to appear, and to
give Evidence against the Felon at the next general Gaol-delivery, as aforesaid;
the said Justices of Peace shall be fined (for every such default or
offence) at the discretion of the Justices of Gaol-delivery. 1 &
2 & 2 Ph.
& Ma. |
Br 6 Ed. 6.
25.
3 H. 7. 1. |
| §. 2. |
But yet if it be for Petty Larceny, or other small
Felonies determinable
at the Sessions, the Justices of Peace may bind over the Informers, and
may
certifie the Examinations and Informations to the next Quarter-Sessions
of
the Peace: And this was the advice and direction of Sir David
Williams
Knight, (late one of the Justices of the Kings Bench) at the
Assizes at Cambridge.
For, said he, it was not meet to keep poor Prisoners in the Gaol
for small Matters of Felony from one Assizes to another; and therefore
he gave order, that the Justices of Peace (at their General Session of
the
Peace) should try and deliver Offenders for small Felonies. |
|
| §. 3. |
Besides, the Justices of Peace for every County,
as well by virtue of their
Commission, as also by force of the Statutes of 18 Edw. 3. 2. 34
Edw. 3. 1.
& 17 Rich. 2. 10. have Authority to proceed to the delivery
of Felons, and
to hear and determine, and to give Judgment upon all Felonies, whereof
any person shall be indicted before them, and are not restrained by the
Statutes
of Ph. & Ma. but that they may proceed therein before the coming
of the Justices of Assize and Gaol-delivery, as it seems, the words of
the Commission to that purpose are, Assignavimus vos Justiciarios nostros
ad Pace, &c. Ac etiam ad inquirend. de omnibus & omnimodis
Feloniis, &c.
Et ad omnes, & singulas Felonias, &c. audiendum & terminandum;
& ad
delinquentes castigandum & puniendum. Vi. Plo. 485 b. |
P. Just. 1.
18.
Stamf. 58.
Lib. Int.
385 Co. 9.
118. |
| |
And for that purpose also, the aforesaid Statutes
of 28 Ed. 3. 34 Ed. 3.
& 17 Rich. 2. have ordained, that some Learned in the Laws shall
be put
into the Commission of the Peace in every County within this Realm. |
|
|
Also there be divers Statutes which by special words
did ordain, that
the Justices of Peace should have Authority at their General Quarter-Sessions
to inquire of, hear and determine certain Felonies. As the Statutes, |
|
|
 |
