Chap. 40.
33 Hen. 6.
c. 1.
Rast. pl. so.
592. |
Felony.
the day specified in the said Writ, they shall be attainted of Felony,
by
the Statute of 33 Hen. 6. So that such Offence of Servants
imbezilling
their said Masters Goods, beginneth first to the Felony upon their default
of appearance in the Kings Bench after Proclamation; of which default
the Justices of Peace cannot take notice, for that they have not before
them the Record of such default, or not appearing; and therefore the
Justices of Peace cannot inquire of such Felony, &c. Cromp.
56. Lamb.
529. |
75 |
|
But in the former Cases, If any such Offender shall
be brought before
any Justice of Peace, and charged with any such Felony. Quære.
How far the Justice of Peace is to deal, or what he is to do therein, considering
the Justices of Peace are no Judges of such Felonies; neither
have they any Jurisdiction given them by the Statutes in such Cases:
And
yet for that, they are by their Commission authorised to deal with all
Felonies, as also with all Offences against the Peace of the King and
Realm, of which sort all these last recited Offences are. Quære,
If
the Justice of Peace shall not do well to examine the Offence, and
then to certifie his Examination to such persons as by the Statute are
made Judges of the Cause; and also to commit such an Offender to
Prison, to bind over the Informer, and to take their Information upon
Oath. |
|
Co. Instit.
3 part. p.
135.
Rast. pl. 5. |
Again, If a man had been Feloniously stricken in
one County, and
after died thereof in another County, (by the Common Law) no Indictment
could be taken in either of the said two Counties, for that the Jurors
of the County where such party died (of such stroke) could not take
knowledge of the said stroke, (being in a Foreign County,) nor the Jurors
of the County, where the stroke was given, could not take knowledge of
the death in another County. But now by the Statute of 2 & 3
Edw. 6.
and Indictment thereof found by Jurors of the County where the death
shall happen (whether it shall be found before the Coroner, or before Justices
of Peace, or other Justices, &c.) shall be good and effectual in Law:
And that the Justices of Gaol-delivery, and Oyer and Terminer in the same
County, where such Indictment shall be taken, shall and may proceed upon
the same, as if such stroke and death had been all in one and the same
County. |
§. 4.
Wound in
one County
Death in
another. |
Co. 9. 117. |
Also where Felons had Robbed or Stoln Goods in one
County,
and after conveyed their Spoil, or Goods so stoln, into another County,
to their adherents there, who, knowing of such Felony, received
the same Goods. In this Case, although the Principal were after attainted,
the Accessary notwithstanding escaped by reason that he was Accessary
in another County, and that the Jurors of the said other County (by
the Common Law) could take no knowledge of the principal Felony
in the first County. But now by the said Statute of 2 & 3 Edw.
6.
It is Enacted, That where any Murther or Felony shall be committed
and done in one County, and other persons shall be Accessary (in any
manner) to any such Murther or Felony in any other County, that an
Indictment thereof found or taken against such Accessary before the
Justice of Peace, or other Justices, &c. in the County where such
offence of Accessary shall be committed, shall be good and effectual in
Law; and that the Justice of Gaol delivery, or Oyer and Terminer, of,
or in such County where the Offence of any such Accessary shall be committed;
shall write to the Custos Rotulorum where such principal shall be
attainted or convict, to certifie them whether such principal be attainted,
convicted, or otherwise discharged of such Felony; and thereupon the |
|
H 2
|
 |
