| 74 |
Felony.
or two of them, &c. And such Tryal to be by the Inquisition
and Verdict
of His Majesties Houshold-servants in the Check-Roll, 35 Hen.
8. cap.
12. |
Chap. 40. |
|
3. Imbezilling of any Record, Writ, Return,
Panel, Process, or Warrant
of Attorney, in the Chancery, Exchequer, the one Bench, or the
other,
or in the Treasury, whereby any Judgment shall be reversed; every such
Offence is made Felony in such Imbezillor, Stealer, or taker away, and
in
their Procurers, Counsellors, and Abettors, by the Statute of 8 H. 6.
But
such Offences are by the same Statute appointed to be tried by a Jury of
Twelve Men, whereof the one half to be of the Men (scil. of the
Officers
and Attorneys) of the same * Courts, who shall be sworn before the Judges
of the said Courts, scil. of the one Bench, or of the other, to
inquire of
that Offence: And if they shall indict the Imbezillors of such Record,
&c.
they shall be arrained thereupon before the same Judges, as in Cases of
other Felonies. |
8 H. 6. c. 12.
Co. 11.34
* P. Fel. 18. |
|
4. Rasing of any such Record is also Felony,
within the said Statute of
8 H. 6. and to be tried as aforesaid. Br. Coron. 174. |
|
|
Note, the entring of a false Will Nuncupative,
is not properly Forgery, but
it must be of a Will in writing. Millers Case, 2 Jac.
C. B. |
|
|
5. Forging of any Deed or Writing sealed,
or of any Court-Roll,
Will or Acquittance, or to cause or assent to be made any such forged Writing,
to publish or shew forth in Evidence any such forged Writing,
knowing the same to be forged; if any person being once lawfully convicted
of any of the said Offences, shall afterward commit any the said
Offences again, every such second Offence is made Felony by the Statute
of 5 Eliz. But by the same Statute such Offences are to be
inquired of, heard
and determined, by and before Justices of Oyer and Terminer, and Justices
of Assize. |
2 R. 3. fol.
10. |
|
And therefore whereas one R. Smith was indicted
at the Sessions of
the Peace in the County of Oxford, upon the said Statute of 5 Eliz.
for
forging of a false Deed, it was adjudged by the whole Court in the King's
Bench, 30 Eliz. that the same Indictment was not well taken:
For although
the Justices of Peace by their Commission have power (of Oyer and Terminer)
to hear and determine Felonies and Trespasses, &c. and have in
their said Commission an express Clause, Ad audiendum & terminandum,
and so are Justices of Oyer and Terminer, yet it was resolved by the
Court, That forasmuch as there is a Commission of Oyer and Terminer
known distinctly by that name, and the Commission of the Peace is known
distinctly by another name, the said Indictment taken before the Justices
of the Peace at their Sessions, was not well taken; therefore, it was
quashed. |
5 El. c. 14.
Co. 9. 118.
Cro. 120. |
|
The Reason of this last Case and Judgment, seemeth
to hold in the former
Cases, and in all other like Cases, where any Statute doth specially
give Authority to any other distinct Court, or to other Justices or Commissioners,
(leaving out the Justices of Peace) to inquire of, hear, and determine,
or to try Felons, &c. There the Justices of the Peace (at their
Sessions) cannot inquire thereof, &c. |
|
|
6. Servants imbezilling or taking away the
Goods of their deceased
Master, the Executors of the party deceased may have a Writ directed to
the Sheriffs, to make open Proclamation two Market days, that such
Offenders shall appear in the Kings Bench at a certain day.
And if such
Writ be returned, that Proclamation is thereupon made accordingly,
then, if the said Persons, which should appear by reason of the said
Proclamation, do make default, and do not appear in the Kings Bench
at |
|
|
 |
