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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 2
Matthew Hale, Sir,Thomas Dogherty
No preview available - 2015
accessary act of parliament altho amerced antiently appeal arraigned arrest attaint auterfoits acquit award bail bailable burglary cafe capias cause certiorari challenge CHAP clerk commission common law constable convict coroner court death defendendo delivered dictment discharged doth Eliz escape evidence execution exigent fame forfeiture franchise gaol gaoler grand inquest guilty habeas corpus hall hath hue and cry imprisonment indictment of felony indictment of murder inquire inquisition issue judge judgment jurisdiction jurors jury justices of gaol-delivery justices of peace kills king king's bench larciny lord manslaughter ment offense officer ousted of clergy outlawed outlawry oyer and terminer pardon party person petit jury petit treason plea plead precept principal prisoner quod record regis robbery sessions sheriff sliall Stamf standing mute statute of 23 super suspicion sworn taken thereof touching trial verdict Vide warrant witness writ
Page 186 - But though the manner and place of the hurt, and its nature, be requisite as to the formality of the indictment, and it is fit to be done as near the truth as may be, yet if upon evidence it appear to be another kind of wound, in another place, if the party died of it, it is sufficient to maintain the indictment.
Page 99 - And if they will not obey the arrest, they shall levy hue and cry upon them, and such as keep the town shall follow with hue and cry with all the town and the towns near, and so hue and cry shall be made from town to town, until that they be taken and delivered to the sheriff as before is said ; and for the arrestments of such strangers none shall be punished.
Page 294 - Lit. 227. b. But yet the contrary course hath for a long time obtained at Newgate, and nothing is more ordinary than after the jury sworn, and charged with a prisoner, and evidence given, yet if it...
Page 193 - And thus far, touching the forms of indictment, wherein generally we are to take notice that in favour of life great strictnesses have been in all times required in points of indictments, and the truth is, that it is grown to be a blemish and inconvenience in the law, and the administration thereof; more offenders escape by the over easy ear given to exceptions in indictments, than by their own innocence, and many times gross murders, burglaries, robberies, and other heinous and crying offences,...
Page 313 - That the con-* fcience of the Jury muft pronounce the prifoner guilty or not guilty ; for, to fay the truth, it were the moft unhappy cafe that could be to the Judge, if he at his peril muft take upon him the guilt or innocence of the prifoner; and if the Judge's opinion muft rule the matter of fact, the trial by Jury would be ufelefs.
Page 210 - Commitment, and bail or discharge, or remand the Prisoner, as the Case appears upon the Return; yet they cannot upon the bare Return of the Habeas Corpus give any Judgment, or proceed upon the Record of the Indictment, Order or Judgment, without the Record itself be removed by Certiorari...
Page 164 - A. by reason of the tenure of lands in the county of B., be bound to repair a bridge in the county of C...
Page 110 - Touching which these things are regularly to be observed. The party that demands it ought to be examined upon his oath touching the whole matter, whereupon the warrant is demanded, and that examination put into writing. The party charging another thus with felony ought .to be bound by recognizance to prosecute at the next sessions or assizes, as the case shall require. Dalt. cap.
Page 122 - A warrant of commitment for felony must contain the spices of felony briefly; as for felony for the death of JS or for burglary in breaking the house of JS etc. and the reason is, because it may appear to the judges upon the return of an habeas corpus, whether it be felony or not...
Page 482 - But in case a man in a phrenzy happen by some oversight, or by means of the gaoler to plead to his indictment, and is put upon his trial', and it appears to the court upon his trial, that he is mad, the judge in discretion may discharge the jury of him, and remit him to gaol to be tried after the recovery of his understanding...