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Felony.
Custos Rotulorum shall make Certificate in writing under his
Seal to the
said Justices accordingly: And then the Justices of Gaol-delivery,
or Oyer
and Terminer, shall proceed upon every such Accessary in the County
where such Accessary became Accessary, as if both the principal Offender
and Accessary had been committed and done in the said County where
the
Offence of Accessary was committed. |
Chap. 40. |
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So as by the Letter of this last recited Statute,
the Jurisdiction over
these last recited Felons, and over such Accessaries, is not committed
to the
Justices of Peace, to proceed to the Tryal of them; but this Authority
is
remitted to the Justices of Gaol delivery, or of Oyer and Terminer:
Yet
the Justices of Peace may examine these Offences, and take Information
against the Offenders, and certifie the same to the next General Gaol-delivery,
and may bind over the Informers, and commit the Offenders:
Also the Justices of Peace may inquire thereof, and take Indictments against
them, as in other Cases of Felony. |
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| §. 5. |
8. Lastly, the Justices of Peace (at their
Sessions) cannot make Tryal
of such as be indicted of Felony before Coroners, or before the Justices
of Gaol-delivery, or of Oyer and Terminer, unless the same persons
(scil. the said Coroner, Justices of Gaol-delivery, or of Oyer and
Terminer)
were also Justices of the Peace in the same County, so as the Indictment
may be understood to be taken by them, as before Justices of
the Peace. For the Commission of the Peace, and the Authority of
Justices
of the Peace, extendeth only to try such as stand indicted before themselves,
or before former Justices of the Peace, or before the Sheriff in his
Tourn, or the Steward in a Leet. See Lamb. 486. & Stat.
1 Ed. 4. c. 2.
& Stampf. 87. for Indictments taken in the Sheriffs Torn.
And for Indictments
taken in Leets, see Br. tit. Leet. 1. And yet by the Book
8 H. 4. fol.
18. it seemeth, That Indictments or Presentments of Felony taken in
the
Leet shall be delivered over to the Justices of Gaol-delivery. Br.
Frank. 5. |
Lamb. 530 |
§. 6.
Treason. |
Also in some Cases of Treason and Misprison of Treason,
the Justices
of Peace may inquire, and take Indictments, but cannot proceed to Tryal,
or to hear and determine the same. |
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As of Maintainers of the Authority of the Bishop
or See of Rome, and
of their Procurers and Maintainers, &c. the Justices of Peace in their
Quarter Sessions may inquire of such Offences; but they must certifie
every Presentment thereof made before them into the Kings Bench
(within Forty days, upon Forfeiture of an hundred pounds by every
Justice of Peace there present, not making Certificate accordingly) 5 Eliz.
cap. 1. |
5 Eliz. 1.
23 Eliz. 1. |
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2. So of such as shall obtain from Rome,
&c. any Bulls or Absolutions;
or shall publish, or put in ure any such Bull; or shall give or take Absolution
by colour of any such Bull. |
13 Eliz. 2.
23 Eliz. 1. |
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And their Procurers and Maintainers, &c.
And the Concealers of such Bull or Absolution offered
to them. |
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3. So of such as shall withdraw any Subject
from the Religion now
used, to the Romish Religion; or from their Obedience to the
Kings Majesty,
or to the Obedience of the Pope, &c. |
12 Eliz. 1. |
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And of such as shall be so withdrawn.
And of their Procurers and Maintainers, &c.
And of the Concealers of such Offences. |
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4. So of such as shall bring in this Realm
any Agnus Dei, or other
Superstitious Pictures, or Beads; or shall deliver, or offer any such to
any
Subject. |
13 Eliz. 2.
21 Eliz. 11. |
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