| Chap. 40.
P. Just. 14.
P. Sher. 13.
P. Just. 11.
P. Just. 32.
P. Just. 15.
P. Just. 74.
P. Mariners
6.
P. Robbery. |
Felony.
18 Hen. 6. 19 & 3 H. 8. 5.
Soldiers departing without License.
1 Ed. 4. 2. Felonies presented before Sheriffs
in their Tourns or Law
days.
22 H. 8. 11. Cutting down of Powdick.
25 H. 8. 6. Against Buggery.
8 Eliz. 3. Transporting of Sheep.
39 Eliz. 4. & 1 Jac. 7. Incorrigible
Rogues.
39 Eliz. 17. Wandring Soldiers and Mariners.
43 Eliz. 13. Carrying Men forcibly out
of Cumberland, &c. |
73 |
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So that Justices of Peace at their Sessions, may
safely proceed to
try all Petty-larcenies and small Felonies, and such other Felonies whereto
they are authorised ay these last recited Statutes: And in such cases
also the
Justices of Peace that shall take the Examination of such Felonies, may
safely bind over the Informers, and certifie the Examination and informations
to their next general Sessions of the Peace. |
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' And for Petty larcenies, and other Petty-felonies,
after an Indictment
' preferred at the Quarter-Sessions, if an Ignoramus be found by
the
' great Enquest, here the said Sessions, in good discretion, may deliver
the
' Gaol of such Petty-felons; otherwise for all Homicides, Robbery, or
' other Felonies. Dier 29. |
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' For in Cases of Murther, or other Homicide (by
misfortune, or in
' his own Defence, or other manner,) the Offenders by the Statute of
' Glocester (made 6 Ed. 1. cap. 9.) are to abide in
prison until the Justices
' of Gaol delivery shall come into the County to deliver the Gaol.
And by the Statute of 4 Ed. 3. cap. 2. Two Wardens
or Keepers of
the Peace, or Justices of Peace might take Indictments, &c. But
the Persons
so indicted were to be delivered by the Justices of Gaol delivery. |
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But after by the Statutes of 18 Ed. 3. cap.
2. beforementioned, Justices
of Peace were assigned to hear and determine Felonies, &c. and to inflict
punishment according to Law, and the manner of the Deed. And by
the Statute of 34 Ed. 3. cap. 1. Justices of Peace had power
given them
to hear and determine, at the Kings Suit all manner of Felonies done
in the same County, according to Law, &c. And by the Statute
of
17 Rich. 2. cap. 10. in every Commission of the Peace, two
Men of Law
(amongst others) are to this purpose to be Assigned, scil. to go
and proceed
to the Deliverance of Felonies as often as they shall think it expedient. |
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Lamb. 529.
Crom. 56. |
And yet there are some Felons which the Justices
of Peace cannot
hear to try at all, neither can they inquire thereof, nor otherwise deal
therewith
(as it seemeth:) As namely. |
§. 1.
Felonies
not to be
dealt with
by Justices
of Peace. |
* This is
High Treason.
See
Postea.
3 H. 7.c.14. |
1. First, If any Man bing the Kings sworn
Servant; (and his name in
the Check Roll of his Houshold) under the degree of a Lord, shall
conspire
with another to destroy the * Kings Majesty, or any Lord of this Realm,
or any other sworn to the Kings Council, or the Steward, Treasurer, or
Comptroller of the Kings House; every of these Offences are made Felony
by the Statute made 3 Hen. 7. But such Offences are by the
same Statute
appointed to be tryed by a Jury of the Check Roll of the same Houshold,
and before the Steward, Treasurer or Comptroller of the Kings said House. |
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2. All Murthers or Man-slaughters, committed
or done within any
the Kings Palaces or Houses, or within the limits or bounds thereof, or
within any other House where his Majesty shall happen to be then abiding
in His Royal Person, shall be inquired of, tryed, heard, and determined
before the Lord Great Major, or Lord Steward for the time being of
the Kings Houshold; and in their absence; before the Treasurer and
Comptroller of the same Household, and the Steward of the Marshalsea, |
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