of a Recusant conformable discharged third part forfeiture Penalty of sending Children into Seminaries 3 Jac. c. 4 5. Penalty for refusing Oath of Supremacy 1 El. c. 1. 5 El. c. 1. Of Obedience 3 Jac. 14. 7 Jac. c. 6. Kings Bench. NOW we come to consider of the proceeding against a party for Felony and therein 1. Concerning the Jurisdiction of Court wherein Proceedings are to be had in Capital Causes and those are principally 1. Kings Bench. 2. Justices of Goal Delivery 3. Justices of Oyer and Terminer and Assizes 4. Sheriffs and Coroners 5. Lord Steward of the Houshold The Kings Bench the Supream Court of Criminal Jurisdiction It is a Court of Oyer and Terminer Goal Delivery and Eyre in that County where it sits By the coming of the Kings Bench into any County during the sitting thereof in that County all power and proceedings of Oyer and Terminer is suspended But a Special Commission of Oyer and Terminer may be granted bearing Test in the Term and Kings Bench may adjourn and then they may sit Where the Kings Bench proceeds upon an Offence committed in the same County there need not fifteen days between Teste and Return of Venire facias but if they proceed upon a Cause removed by Certiorari they must have fifteen days Goal Delivery 1. JUstices of Peace ought to deliver the Indictments not determined unto those Justices and they may Arreign any person in Prison upon them 2. They may take Indictments against any person in Prison and so may Justices of Oyer and Terminer and herein they have a concurrent Justice 3. They may take a Pannel returned by Sheriff without Precept 4. They may deliver by Proclamation persons suspected when there is no Evidence to Indict them 5. May award Execution of persons in Prison Outlawed before Justices of Peace 6. May assign Coroner to Appeal and make Process against Appellors in Foreign County 7. May punish those that unduly bail Prisoners 1 2 Ph. Ma. c. 13. 8. May deliver the Goal of persons committed for High Treason 9. May Receive Appeals by Bill against persons in Prison 10. By Stat. 10 E. 3. must deliver their Records into Treasury at Michaelmas 11. Others may be added to the former Commission by Commission of Association or their power committed to fewer by Si non Omnes 12. By St. 2 3 Ph. Ma. c. 18. a General Commission of Goal Delivery through the County not be a Supersedeas to a Special Commission granted in a Corporation parcel thereof 13. By St. 1 E. 6. c. 7. subsequent Commissioners of Goal Delivery power to give Judgment upon such as were Repreived by former Commissioners of Peace Goal Delivery Oyer and Terminer and others not continued by granting new Commissions If a Prisoner be bailed he is yet in Prison to be Arreigned before those Justices for he is a Prisoner contrary in case of Mainprize 21 H. 7.33 9 E. 4.2 39 H. 6.27 Although their Commission determine with their Session after they are gone they may command a Reprieve or Execution Dyer 205. Licet soit ad Gaolum deliberandum hac vice uncore poit adjourner lour Commission Bro. Jur. 226. Commission d'Oyer Terminer Goal Deliberand poit Estoyer ensemble Ibid. Bro. Commission 24. Justices d'Oyer Terminer Goal Delivery poit enquirer per ambideux powers and make up their Records accordingly 9 H. 7.9 Bro. Jud. 226. Oyer and Terminer 1. JUstices Authority must be by Commission not by Writ otherwise their Proceeding void 2. They cannot proceed but by Indictment taken before themselves 3. Nota By good Opinion they may proceed the same day or Session against a party Indicted Nota le contrar ' ad estre adjudge 4. Where Offences are limited to be heard and determined in any Court of Record generally it may be heard or determined before them Quaere for Gregory's Case contra Dy. 236. 5. Others may be added or their power contracted by Association or Si non omnes 6. One sitting without Adjournment determines the Commission 7. Justices of Oyer and Terminer or of Peace cannot assign a Coroner as Justices of Goal Delivery may 8. By St. 9 E. 3. they are also to send their Records determined into the Exchequer 9. A Supersedeas suspends their power a Procedendo revives it the like of Commission of Nisi prius c. But it determines not without notice 1. By shewing the new Commission 2. Proclaiming it in the County 3. Or Sessions held by new Commission 10. An Award on the Roll not sufficient to return a Jury but a Precept under Seal of Commissioners 11. And Nota That a Special Commission of Oyer and Terminer may be granted to sit in one County to hear and determine Treason c. in another but then the Indictment must be found in proper County and the Tryal by Jurors of proper County By Stat. 27 E. 1. de finibus Justices of Assise have power to deliver Goals of Felons and Murderers And in case of Counterfeiting Coin c. upon Stat. 3 H. 7. St. 2. c. 7. they may have a Special Commission Justices of Peace THE Stat. of 18. E. 3. c. 2. gives them power by Commission to hear and determine Felonies and Trespasses against the Peace But then there must be a special Clause in their Commission Necnon ad aud ' terminand ' felonias c. Otherwise they cannot do it Yet that Clause doth not improperly make Justices of Peace Justices of Oyer and Terminer because that it is a distinct Commission therefore a Statute as that of 5 El. c. 14. limiting Forgery to be heard and determined before Justices of Oyer and Terminer gives not the power therein to Justices of Peace but Justices of Kings Bench are Justices of Oyer and Terminer within this Statute By force of general words of their Commissions they may enquire of Murder at their Sessions for though by Stat. 6 E. 1. c. 9. and 4 E. 3. Murder and other Homicides must stay till Goal Delivery yet the Stat. of 18 E. 3. c. 2. 34 E. 3. c. 1. 17 R. 2. c. 10. hath enlarged their Commission and Power Yet in respect of Stat. 1 2 Ph. Ma. c. 19. directs Justices of Peace to take Examinations in Cases of Homicides and other Felonies and to certifie them to Justices of Goal Delivery in point of Discretion they do forbear to proceed to determine Felonies But for Petty Larceny and other small Felonies they use to bind over Prosecutor to Sessions Justices of Peace may proceed upon Indictment taken before themselves or some Justice of Peace but cannot proceed upon Indictment before Coroner or Oyer and Terminer but Justices of Goal Delivery may and Justices of Peace are to deliver Indictments taken before them to Justices of Goal Delivery They cannot deliver persons suspect by Proclamation as Justices of Goal Delivery may In Cases of Felony by
Treason out of the Land where triable p. 170 Trespass de muliere abducta cum bonis viri p. 165 Trial quotuplex p. 215 Tales p. 217 Process vers Jury p. 216 Trial per medietat ' linguae p. 220 Per Battel p. 230 V. VERDICT p. 229 No privy Verdict in Cases Capital ibid. W. WITCHCRAFT p. 6 Two Degrees 7 Punishment of the first ibid. Of the second p. 8 Marks for the Authors cited in this Book C.P.C. Coke's Pleas of the Crown S. T. C. Samford's Pleas of the Crown Crom. Crompton's Justice Dal. Dalton's Justice Co. Lib. 4. Coke's Fourth Report 9. R. Coke's Ninth Report c. PLEAS OF THE CROWN THIS Treatise is divided under these Considerations 1. Of the kinds of Offences 2. Of the Incidents to those Offences The kinds of the Offences are distinguished according to the diversity of Laws by which they are introduced viz. Offences By the Common Law By Statute Law Offences by the Common Law distinguish'd according to the degrees of Offence Capital Not Capital Of Capital Offences they are such 1. As are immediately against God 2. Immediately against Man Those that are Offences not Capital by Common Law or Misprisions may be in breach of Peace c. Offences by the Stat. Capital Not Capital The latter are many and not here to be treated of Now 1. concerning Offences Capital that are immediately against Divine Majesty which are Heresie and Witchcraft Concerning Heresie wherein considerable I. What is Heresie At this day all those former Acts which determined certain Points to be Heresie stand repealed and though there be no express Act determining what shall be said Heresie yet the Statute of 1 El. c. 1. directing the High Commission restraining 1. To what formerly determined Heresie by the Canonical Scriptures 2. To what adjudged so by the four first General Councels 3. To what expresly adjudged Heresie by any General Councel by express words of Canonical Scriptures 4. To what so determined II. Who to judge of Heresie 1. The Temporal Judge cannot punish any Person for Heresie by Indictment or otherwise but yet he may take knowledge whether a Tenent be Heresie or no tAs where by the Statute of 2 Hen. 4. now repealed Caesar was committed for saying Although he was Excommunicated by the Archbishop he was not so before God and Warner commited for saying Non Tenetur solvere decimas and thereupon imprisoned In a Habeas Corpus by the former and special Justification in an Action brought by the latter adjudged neither Heresie 2. All those Statutes that gave power to Arrest or Imprison for Heresie viz. 2 Hen. 4.15 2 H. 5.17 5 R. 2. c. 5. 1 2 Ph. Mar. c. 6. are repealed by 1 Eliz. III. The way to Convict of Heresie 1. By the Common Law 1. By the Archbishops and Bishops in a General Synod 2. By the Bishop of the Diocess 2. By Stat. 23 H. 8. c. 9. By the Archbishop in case of assent or neglect of his Suffragan The punishment of the party convict of Heresie Upon Certificate of such Conviction a Writ De Haeretico Comburendo granted without which they cannot proceed to any temporal punishment But if after Conviction he abjure his Opinion his life is saved But if he relapse after Abjuration then irrecoverable But by the Statute 2 H. 5. c. 7. all Statutes which introduc'd any Forfeiture stand repealed Neither did the Common Law inflict any Forfeiture because the proceedings were only pro salute animae and now by the Statute of 29 C. 2. the Writ De Haeretico Comburendo is taken away Witchcraft WItchcraft at Common Law punished with death as Heresie by Writ De Haeretico Comburendo The Statute of 1 Jac. 12. the only Law now in force against it and divides it into two Degrees I. Witchcraft in the first Degree made Felony without Clergy divided into four Species 1. Invocation or Conjuration of an Evil Spirit 2. Consult covenant with entertain employ feed or reward any Evil Spirit to any intent although no act done thereupon 3. Take up any dead Person or any part thereof to be employed or used in Witchcraft Charm although not actually used or employed 4. Exercise any Witchcraft Inchantment Charm or Sorcery whereby any Person shall be killed destroyed consumed or lamed in his or her Body or any part thereof which requires the act to be done viz. laming consuming These and all Accessory before to suffer as Felons without Clergy because not specially excepted II. Witchcraft in the second Degree 1. To take upon them by Witchcraft Inchantment Charm or Sorcery to tell where Treasure is to be found They that take upon them to do it though they cannot yet within this Law 2. Or where Goods lost or stollen may be found 3. Or to the intent to provoke any Person to unlawful Love these Clauses come under the word take upon 4. Whereby Goods or Chattels shall be destroyed which requires an actual destroying and not a bare taking upon them 5. Or shall use Witchcraft to hurt any Person though the same be not effected The punishment of these 1. The first Offence a years Imprisonment and Pillory 2. The second Offence Felony but this requires 1. An actual conviction and Judgment for the first 2. The second Offence must be committed after Judgment for the first The like in Forgery Transportation of Sheep c. But the Consequence upon Attainder viz. Corruption of Blood and loss of Dower and the Lands Forfeiture saved And Note a Saving against Corruption of Blood saves the Descent and saving the Land to the Heir prevents corruption of Blood as to that Concerning Offences against men immediately distinguished in the Judgment or Event Capital or not Capital Capital either by Common Law or Statute and these either Treason or Felonies Treason either High Treason or Petty Treason High Treason AND this is thought an Offence at Common Law yet because there be some mixture of Introductions of new Treasons by Statutes would be considered together 1. Considering High Treason it is distinguished into four kinds 1. That which concerns immediately the King his Wife or Children 2. That which concerns his Office in the Administration of Justice 3. That which concerns his Seal 4. That which concerns his Coyn. Before we come to these Particulars some things to be generally premised 1. That those that have such disability upon them that disables them to act reasonably cannot commit Treason viz. Non compos mentis and Infants within Age of discretion yet Quaere 3 H. 7. And therefore if a Traytor becomes Non compos mentis before Conviction he shall not be Arreigned if after Conviction he shall not be executed An Alien Enemy committing an hostile act dealt with as an Enemy An Alien Army committing any Treason are Traytors within the Law 2. The Statute of 25 E. 3. reduced and settled all Treasons and by that means all Treasons that were before are reduced and the 1 Ma.
before a Justice if it appears no Felony committed he may discharge him but if Felony be committed though it appears not that the party accused is guilty yet he cannot discharge him but must commit or bail him The cases wherein parties not bailable are 1. In respect of the hainousness of the Offence 1. In Charge of Treason against the King's Person counterfeiting the Seal Falsifying Money 2. Arson or burning Houses 3. In a Charge of Homicide 1. In case of a Charge of Murder Justices of Peace cannot bail but King's Bench may and do it at discretion for the Stat. West 1. extends not to that Court. 2. In case of Manslaughter tho' it be se defendendo and appear so to Justice of Peace they cannot bail the party accused If he confess the Fact upon examination if taken with the manner if apparently known or manifested that he killed another But if it be a non liquet and the Charge but Manslaughter there it seems they may bail Or if he had given a dangerous stroke till party dead he may be bailed But such bailment where Manslaughter or other Felony is committed must be 1. By two Justices of the Quorum 2. After Examination And these be all the persons excluded from bail simply in respect of the nature of the offence 1. All Accessaries before or after any Offence bailable but if Principal be attainted and Accessary indicted he shall not be bailed until he hath pleaded to the Indictment 2. Persons indicted of Larceny before Sheriff if of good name 3. Imprisonment for a light suspicion if of good name 4. Indicted or accused of petty Larceny only 5. Appeal of Approver after death of Approver 6. Accused for Trespass for which a man ought not to lose life or member and if bail not taken away by a subsequent Stat. hence also a party indicted for Burglary or Robbery may be bailed 2. As bail is ousted in some cases in respect of the greatness and consequence of the Offence charged so it is in respect of the notoriety of the Offence For bail is when indifferenter whether guilty or no. But when that indifferency is removed the Offender otherwise bailable is become not bailable 1. If a Person be Attaint by Outlary of any Felony yet if Defendant comes in and pleads in avoidance of the Outlary be it in Appeal or Indictment the King's Bench may bail him 2. If he be convict by Verdict or Confession of any Felony not bailable But if a man be convict of Manslaughter se defendendo the Justices of B. R. or Goal Delivery or special Writ may bail him but not Justices of Peace So if he have a Charter of Pardon 3. He that becomes an Approver cannot be bailed 4. He that Abjures cannot be bailed 5. He that 's taken with the manner not bailable and consequently he that 's taken freshly upon Hue and Cry Bridges's Case Justice of Peace fined 40 l. for bailing such 6. He that breaks Prison not bailable 7. Open and notorious thievery not bailable But he that is taken for a light suspicion bailable But if Presumption strong or Defamation great he may refuse to bail him This lies in discretion 8. Those that are appealed by Approvers unless 1. Approver die 2. Approver wave his Appeal 3. Unless he be of good name And the reason hereof because when the Appealer accuses another he confesses himself Guilty and therefore induceth a presumption of guilt in another But this concerns not Justices of Peace because no man can become Approver before them because they cannot assign a Coroner but they may take a Confession by way of Evidence But a bare Indictment or Appeal did not induce such presumption that may hinder the bailing of a Person otherwise bailable Westm 1. c. 25. But in Appeals of Death the Court in discretion admit not Defendant to bail but upon weighty cause If the party be acquitted within the year upon Indictment he is not to be discharged but remanded or bailed at discretion that an Appeal may be prosecuted against him 3. Who may take bail or bail Offenders Bail was taken either virtute brevis or ex officio 1. Bail taken virtute brevis that was either General or Special General Writs Homine replegiando Habeas Corpus Writ of Mainprise this was directed to Sheriff commanding him to deliver by the Mainprize of it the party indicted before him But now by Stat. 28 E. 3. c. 9. these Inquests before Sheriff are taken away and consequently the Writ of Mainprize Special Writ as where party is convict of Manslaughter se defendendo Special Writ to certifie 2. Bail ex officio 1. The King's Bench who have a higher Power than any other Power 1. They may either in case of an Original Suit by Indictment or Appeal before them or upon an Indictment or Commitment returned to them by Habeas Corpus or Certiorari bail where another Court cannot In cases prohihited by Stat. West 1. c. 15. v. 2. Inst parol viscount autres parol ne soient replevisable 2. Justices of Goal Delivery who may bail in cases where Justices of Peace cannot if it be a thing within their cognizance As a man convict of Manslaughter se defendendo or a person convict of Manslaughter that hath a Pardon to plead 1. Justices of Peace they cannot bail in any case but where they have cognizance of the cause therefore if taken with Process of Rebellion out of Chancery they cannot bail 2. The Statutes that give power to Justices of Peace to bail in case of Felony are 3 H. 7. c. 3. 1 2 Ph. Ma. c. 13. upon which two kinds of bailment 1. Upon the first Accusation and that doubtless must be done 1. By two Justices of Peace whereof one of Quorum 2. After Examination taken concerning the Offence 2. After commitment And though some Opinions be that he may be bailed by one Justice yet it seems otherwise for the Stat. of 1 R. 1. 3. that gave power to one stands repealed by 3 H. 7. 3. After Indictment and Process thereupon issued in case of Trespass or Misdemeanour or Penal Statute not prohibiting bail he may be bailed by two Justices whereof one of the Quorum and by some by one Justice but this holds not in case of Felony 4. The Sheriffs Baily or Officers of Indictment before them But these are removed from that power as it seems by the Stat. 28 E. 3. c. 9. 1 E. 3. c. 3. whereby they are not to make Process but to remove them to the Sessions of the Peace Having considered the person that may arrest and bail it makes way to consider the Offences against such Arrest or Imprisonment by breaking such Prison c. And herein ensues the second Consideration 2. What Prison within this Act 1. Stocks 2. Prison of the Lord of Franchises 3. The Custody of any that lawfully arrests or the house of the Constable or other
Captains without license 2 E. 6. c. 2. idem Clergy excluded Marrying a second husband or wife the former living except 1. The man under fourteen or the wife under twelve at time of first marriage and not agreeing after first Espousals may marry a second husband or wife 2. A man or wife absent above seven years second marriage no Felony If beyond Sea then notice of life if in England then without notice 3. After a Divorce though à mensa thoro only 4. After anullity declared of second marriage by Spiritual Court Offenders have Clergy 1 Jac. c. 31. for going with a Plague sore but this discontinued Goaler compelling Prisoner through Duress to become Appelor Felony whether Appellant be acquitted or not Coining or bringing in and uttering Scotch money and 2 H. 6. c. 9. payment of blanks Offender hath Clergy Transportation of Silver or Importation of false money made Felony Offender hath Clergy Exportation of Wooll or Woolfells other than to the Staple at Calais Stealing Falcons or concealing the same after Proclamation Felony Offender hath Clergy Congregations of Masons to prevent Statutes of Labourers but this Obsolete because of the Statute 5 El. the Acts to which it relates are repealed Receiving retaining or maintaining a Jesuit or Popish Priest knowingly Clergy excluded Egyptians above fourteen years remaining here a moneth and 5 El. c. 20. takes away Clergy Felony refusing to make Abjuration and after Abjuration not to depart in some case Clergy excluded Dangerous Rogues adjudged to the Gallies and returning without license Felony but Offender hath Clergy but branded Rogue Felony and no Clergy Forging a Deed after former Conviction If a man be convict or condemned of publishing a forged Deed and after he forge a Deed this is Felony If the offence were after a former but before conviction thereof no Felony Clergy ousted Sending sheep beyond Sea after former conviction Clergy allowed Servants after decease of Master riotously spoiling Goods c. Offender shall have Clergy Servants imbezelling Goods of Master delivered to them Felony but the Statute that took away Clergy being Repealed by 1 E. 6. c. 12. they may now have Clergy Cutting Powdike Felony Offender hath Clergy Detaining persons in Cumberland against their will and giving or receiving blackmail c. Felony without Clergy Misprision of Treason NOW we come to Offences Criminal but not Capital and those of two kinds 1. Offences by Common Law 2. Offences against Statutes Offences against Common Law not Capital are either greater Offences or lesser Greater and those come under name of Misprision and those again of two sorts Negative in not doing that they ought or of Omission Positive in doing some great Misdemeanour they ought not The Negative Misprision 1. Misprision of Treason All Treason includes Misprision and Concealing of any Treason is declared Misprision only by Statute 1 2 P. M. c. 10. But this in case of bare knowledge and assent it is Treason and though Treason by Statute yet the concealing thereof is Misprision of Treason Every man therefore that knoweth Treason must with all speed reveal it to King his Privy Council or Magistrate He that receives and comforts a Traitor knowingly be it a counterfeiter of Coin or other is a Principal Traitor and not only guilty of Misprision Abingdon's Case against Opinion in Dyer 296. Conier's Case The Judgment in case of Misprision of Treason is Imprisonment during life forfeiture of Goods forfeiture of profits of Land during life 2. Misprision of Felony is either by Common Law or by Statute By the Common Law a concealment of Felony or procurement of the concealing thereof The Punishment 1. A common Person Fine and Imprisonment 2. An Officer as Sheriff Coroner Imprisonment for a year and Ransom at King's pleasure by Stat. W. 1. c. 9. By the Stat. 3 H. 7. c. 1. 33 H. 8. c. 6. one knowing of an unlawful Assembly and not discovering it within 24 hours Concealment of Jurors v. Stat. 3. Theft-boot which is more than a bare Misprision of Felony and is where the Owner doth not only know the Felony but takes his Goods again or other Amends not to Prosecute But taking the Goods barely no-offence unless he favour the Thief The punishment hereof is Ransom and Imprisonment Misprision Positive or of Commission 1. Discovery by one of the grand Inquest of the person Indicted or by Evidence against them Misprision punishable by Fine and Imprisonment but no Felony 2. A person disswading Witnesses from bringing in Evidence against a person is no Accessary but a great Misprision punishable by Fine and Imprisonment 3. Rescuing a Prisoner from Barr of B. R. Canc. B. C. or Exchequer a Misprision for which a party shall lose his Hand Goods Profits of Lands during Life perpetual Imprisonment 4. If a man strike sitting the Courts at Westminster in presence of Courts like Judgment 5. If in presence of those Courts or before Justices of Assize or Oyer Terminer a person draws his Sword upon any Judge or Justice though he strikes not or strike another like Judgment 6. Per Stat. 33 H. 8. c. 12. striking in the King's presence drawing blood loss of hand perpetual Imprisonment Fine and Ransom 7. By St. 14 El. c. 3. forging of Money not current Misprision of Treason 8. Stranger uttering false Money made within this Realm known to be Counterfeit 3 H. 7.10 9. A Lord of Parliament departing from Parliament 3 E. 3. And hither we may refer Maihem which though it be a particular Crime for which Appeal lieth yet it is not Felony of death Cutting off the hand or striking out a tooth Maihem but not cutting off the ear The Judgment is only Fine Dammages and therefore if recovery in Trespass it is a good barr in Appeal of Mayhem Offences of an Inferiour nature are either such as are committed by an Officers neglect of duty as Bribery Extorsion Or such as refer to a common person without relation to Officers and those reducible to three kinds 1. Breaches of publick Peace and therein 1. Of Affrays 2. Of Riots 3. Of Forcible Entries 4. Barretries 5. Riding armed 2. Deceipts and Cozenage 3. Nusances Decay of Bridges Decay of High-ways Inns and Alehouses Breach of the Peace AFFRAY If weapon drawn or stroke given or offered but words no Affray menace to kill or beat no Affrays but yet for safeguard of Peace Constable may bring them before Justice In Affrays considerable 1. What a private man may do Private persons may stay Affrayers till heat over and deliver them to Constable If a person hurt another dangerously private person may arrest the Offender and bring him to Goal or next Justice 2. What by a Constable 1. Affray in presence of a Constable he ought to do his endeavour to suppress it otherwise finable 2. If an Affrayer fly to a house or if
Statute limitted to be heard before Justices of the Peace they may proceed at Sessions and consequently may bind over Informers and certifie Examinations at Sessions But such Felonies by Statute as are specially limitted to Justices of Oyer and Terminer or other Justices and not to them the Justices of Peace cannot proceed to take Indictments as upon Stat. 3 H. 7. c. 18. for contriving to destroy the King c. upon Stat. 33 H. 8. 12. Murderers in Kings Palace upon Stat. 18 H. 6. c. 12. of razing or imbezelling Records upon Stat. 13 H. 6. c. 1. secret imbezelling goods upon St. 2 3 Ed. 6. c. 24. striking in one City and dying in another City But in former cases it seems they may take Examinations and commit the Offenders and bind over Prosecutors If any Indictment be taken before Justices of Oyer and Terminer Goal Delivery or Coroner they cannot proceed upon them but upon Indictments taken before Sheriff in his Turn they may proceed by St. 1 E. 4. c. 2. In cases of Treason Misprision of Treason Premunire regularly Justices of Peace have no Jurisdiction yet two things may be done 1. In any case of Treason because 't is a breach of the Peace they may upon complaint imprison Offenders take Examinations bind Prosecutors over and certifie their proceedings into Kings Bench or Goal Delivery 2. In some cases they are enabled to take Indictments but not hear and determine the same but certifie the same into Kings Bench upon Stat. of 5 23 El. c. 1. 1. 1. The Maintainer of the Authority of the Sea of Rome 2. Obtaining Bulls c. 3. Withdrawing from Allegiance 4. Bringing in Agnus Dei A person brings one before Justice suspected of Felony and refuses to be bound to prosecute may be committed if it appear he can testifie materially They may Enquire of any Felony within the County though within the Verge 4 R. Wigg's Case Coroner CORONER Hath power in three Cases 1. To take Indictment of Death but this he can only do super visum corporis otherwise void Hence 1. If Body be interred before he comes the Township amerced and he must digg up the Body so if Township suffer Body to lie long to Putrefaction without sending for Coroner The like of one lying in Prison 2. If Coroner be remiss and comes not when sent for he shall be fined and imprisoned 3. He may enquire of flight and such Presentment not Traversable 4. If Body cannot be seen Justice of Peace may enquire thereof Nota The Record of the Coroner of great Authority if he Record a Confession of a Felony by Approver or a Confession of breach of Prison or an Abjuration it shall not be Traversed And it seems by some he hath power to enquire of Rapes breach of Prison He hath Jurisdiction upon Arms of the Sea where a man may see from side to side 2. Concerning Appeals Coroner together with Sheriff hath power in County Court to receive Appeals of Robberies and other Felonies but then it must be of a Felony in the same County Upon this Appeal they may grant Process till Outlary but it seems they cannot send an Exigent because prohibited by St. 6 M. c. 17. Such Appeal may be by Bill and it may be removed into Kings Bench by Certiorari but it must issue both to Sheriff and Coroner It appears By St. 3 H. 7. c. 1. That an Appeal of Murder by Bill lies before Sheriff and Coroner 3. The Coroner alone may take the Appeal of an Approver of a Felony in any County But then he cannot make Process thereupon but enter it in his Roll and send it to the Justices of Goal Delivery who thereupon may issue their Process to the Sheriff of the foreign County to take the Appellor 4. To take the Abjuration of him that acknowledges a Felony done in the same County or any other And note That though more Coroners than one in any County yet any one may execute any of the powers before But the Presentment of him that is first taken stands Abjuration dit esse toll oue Sanctuary per 21 Jac. Sheriff THE power of the Sheriff to take Indictments was either Virtute Commissionis or Officii which are taken away per Stat. 28 E. 3. c. 9. His Power and Office in the Turns 1. His Turn must be held infra mensem Paschae Michaelis otherwise the Indictments there are void per St. 31 E. 3. c. 15. 2. Indictments must be under Seal of the Jury by Stat. of West 2. c. 13. indented per Stat. 1 E. 3. c. 17. and the same for Lord of Franchises 3. Indictors must be of good name having 20 s. Freehold or 26 s. 8 d. Copyhold otherwise Sheriff punishable by Stat. 1 R. 3. c. 4. 4. The Turn can take no Indictment but of that which is Felony by Common Law or of such matters as are particularly by Act of Parliament limited to them and therefore an Indictment of Escape void there 5. Upon any Indictment of Felony before Sheriff in his Turn they can make out no Process but must remand them to Justices of Peace who have power to proceed thereupon as if taken before themselves by St. 1 E. 4. c. 2 The Court-Leet in effect hath the same Jurisdiction with the Turn but Presentments of Felony before them are to be sent before Justices of Goal Delivery 3 H. 4.18 Appeal HAving considered the Courts of Justice now we come to consider the way of bringing Capital Offenders to Trial and that is Regularly by one of these 3 ways Appeal Approver Indictment And herein some things are proper to each proceeding some things are common to them all which come to be considered after particulars proper to either dispatched viz. Process Arraignment and therein of Principal and Accessary Demeanour of the Party Arraigned Standing Mute Confessing Pleading and Pleas. Declinatory Sanctuary Clergy In Barr Pardon Auterfoits Acquit Anterfoits Convict To the Felony Trial per Battel per Jury And therein Process against Jury Challenge Verdict Per Peers in case of Nobility Judgment in the several Cases Capital Execution Reprieve Falsifier Per Errour Per Plea Appeal Appeals in respect of the manner of proceeding are of two kinds By Writ By Bill Touching Appeals by Bill they may be prosecuted 1. In the King's Bench against any that is in custod ' Marr ' or let to Bail They are Sovereign Coroners 2. In the Court before Commissioners of Goal Delivery against a Prisoner or one let to Bail but not to one let to Mainprize But if one of Appellees absent remove in B. R. by Certiorari 3. By some before Justices of Peace quod Quaere 44 E. 3. Coron 95. 4. Before Sheriff and Coroner as before and it may be removed by Certiorari in B. R. 3 H. 7. c. 1. 5. Before Constable and Marshal of a Felony done out of the Realm 1 H. 4. c. 14. Appeals are in matter 1.