| Chap. 41. |
Fees.
And of the Receivers of such Superstitious
things. |
77 |
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For all these last recited Offences against the
Statutes of 5 Eliz. 1. 13 El.
2 & 23 Eliz. 1. See more fully Postea tit. High
Treason. |
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And if any such Offender against any of these last
mentioned Statutes
shall be brought before any Justice of Peace, and charged with any such
Offence, it shall be the Justices part, to take the Examination of such
Offenders,
and to bind over the Accusers and (material) Informers to appear
(and to prefer a Bill of Indictment, and thereupon to give Evidence to
the Inquirors against such Offenders) at the next Quarter Sessions (as
it
seemeth) or rather at the next Assizes, or General Gaol-delivery, or else
in the Kings Bench, whensoever (upon reasonable warning) they shall
be
thither called; and then to commit the Offender to the Gaol; and after
to
certifie the said Examinations, Informations, and Recognizances (by him
taken) to the said Sessions of Gaol-delivery, or into the Kings Bench,
&c. |
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In other Cases of High Treason, or Misprison of
Treason, what the
Justices of Peace out of their Sessions, shall do with such Offenders brought
before them. See Postea tit. Misprison. |
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But now to return to the business of the Justices
of Peace out of their
Sessions. |
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Cromp.
101. b. |
If one shall bring a Man, suspected of Felony, before
any Justice of
Peace, but refuseth to be bound to give Evidence against the Prisoner (either
at the General Gaol delivery, or Quarter Sessions as the Case shall
require;) if such Bringer hath given Evidence upon his Tryal, the Justice
of Peace (upon his discretion) may commit to Prison such Person so refusing,
or may bind him to his Good Behaviour, and to appear at the next
Gaol-delivery or Quarter Sessions. But if the Bringer of a Person
suspected
of Felony cannot declare any thing material to prove the Felony,
nor any other Person then present, it seemeth the Justice ought not ot
commit the Prisoner: And so was the Direction of Sir David William
at
the Assizes of Cambridge aforesaid. Yet the Justices shall
do well to examine
the Prisoner, and if he shall not confess the Felony, then to commit
him; or if upon his Examination there shall appear any just cause of suspition,
or if the Prisoner be a man of evil fame, and that there be a Felony
committed. In these Cases, the Justice shall do well not to let him
go, but at least to bind him over to the next Gaol-delivery, and in the
mean time to take farther Information against him. See the other
title
Felony, Postea. |
§. 7.
Refusers to
give Evidence. |
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Fairs, vid. tit. Markets.
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CHAP. XLI.
Fees.
GEnerally, as I have said elsewhere, any Publick
Officer shall take
no other Fees or Rewards, for doing any thing relating to his
Office, than some Statute in force gives him; or else, as hath been antiently
and accustomably taken: And if he do otherwise, he is said to do
it coloro
officii, and he is therein guilty of Extortion. I shall therefore,
for the Justices
of Peace direction herein, take notice of some Fees, they and others
are to take, and leave them to inquire for the rest in some proper titles
in this
Book. |
§. 1.
Where due. |
H 3
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