65S 



L A W. 



jurisdic- 

 tion; 

 as High 

 Couit of 

 Parlia- 

 ment, 

 King's 



Law. other cattle; cutting down trees or hop-binds; setting 

 y> "/"'' fire to a coal-mine, &c. are felonies without clergy; 

 and if the offender be not convicted, the hundred shall 

 be charged with the damages. Likewise the burning, 

 or in any manner causing or advising the destruction of 

 any ship, with intent to defraud the insurers, is felony 

 without clergy. 



6. Forgery. 5- F r g er y * s * ne fraudulent making or altering a 

 writing to the prejudice of another's right, which is fe- 

 lony without clergy. Forging the superscription of a 

 letter to evade the payment of postage, subjects the of- 

 fender to transportation for fourteen years. 



So much for the different species of crimes : we next 

 consider the trial of them. 



XVII. Tri- XVII. The criminal courts are, first, those of a pub- 

 ai of lie and general jurisdiction ; secondly, those of a pri- 



crimes. vate and special jurisdiction. 



Criminal j. Public courts, are, 1. f he H 'gl> Court of Parlia- 



i l c '"' of ment > wn > c h is the supreme court in the kingdom, and 

 a' eral proceeds by impeachment. 2. The court of the Lord 

 High Steward of Great Britain, which is a court held 

 in the recess of parliament, constituted for the trial of 

 peers, for treason or felony, or misprision, upon indict- 

 ment found by a grand jury of freeholders, transmitted 

 from the assizes or court of King's Bench by writ of 

 cerliorari, to be determined before hig grace the steward 

 Bench" &c. an( ^ the P eers - 3. The court of King's Bench takes 

 cognizance of all criminal causes, from high treason 

 down to the most trivial misdemeanor or breach of the 

 peace. The judges of this court are the supreme co- 

 roners of the kingdom. 4. The court of, Chivalry. 

 5. The court of Admiralty, held before the lord high 

 admiral of England or his deputy, who is styled the judge 

 of the admiralty. These five courts may be held in any 

 part of the kingdom. The following are of a local juris- 

 diction. 6. The courts of oyer and ferminer, and gene- 

 ral goal-delivery, which are held before the king's com- 

 missioners, (usually two judges of the courts of West- 

 minster, ) twice in every year, in every county in the 

 kingdom except the four northern ones, where they 

 are held only once ; but in London and Middlesex they 

 are held eight times. In cases of urgency, the king 

 issues a special or extraordinary commission of oyer 

 and terminer, and goal delivery, confined to those of- 

 fences which stand in need of immediate inquiry and 

 punishment. 7. The court of the General Quarter Ses- 

 sions, is held once in every quarter of the year to try 

 small felonies, and all trespasses whatever. 8. The She- 

 riff's lourn, or rotation, is a court of record, and held 

 twice every year. 9. The Cmirtleet, or view of frank- 

 pledge, is a court of record, held once a- year within 

 a pa'rticular hundred, lordship, or manor, before the 

 steward of the leet. 10. The court of the coroners, held 

 where a person comes to sudden or violent end, super 

 visum carports. 1 1 . The court of the clerk of lite market, 

 incident to every fair and market in the kingdom. 

 2. Courts of 2. Courts of a Special Jurisdiction, or private courts, 

 a special ju- are 1. The court of the Lord Steward, Treasurer, or 

 Comptroller of the King's Household, which has cog- 

 nizance of offences committed within the limits of any 

 of the palaces and houses of the king. 2. The Univer- 

 sity courts. 



3. Prosecutions, or proceedings in criminal courts, 

 are either summary or regular. Summary proceedings, 

 are such as are directed by particular acts of parlia- 

 ment, whereby a man may be convicted without the 

 intervention of a jury : as for frauds upon the excise, 

 contempt of court, &c. 



4. The first step in regitlar proceedings is by arrest, 



risdiclion. 



Prosecu- 

 tion of 

 crimes. 

 Summary; 



Regular ; 



which is the apprehending a person for such an offence Law. 

 as will at least justify holding him to bail : and in gc- Sp "~Y" 1 ' 

 neral an arrest may be made four ways ; 1. .By warrant, Arrcst ; 

 which may be granted in extraordinary caVes by the 

 privy-council, or secretaries of state ; but ordinarily by 

 justices of the peace, either directed to a peace officer 

 or private person. 2. By officers tvifl/oul warrant, as 

 where any one commits a felony or breach of the peace 

 in their presence. 3. By a private person who is present 

 when any felony is committed. 4. Upon hue and en/ 

 raised upon a felony committed. Divers acts of par- 

 liament have given rewards to those who apprehend 

 delinquents and prosecute them to conviction. 



5. Commitment must be upon good grounds of suspi- Commit. 

 cion, or the prisoner must be discharged ; and if he be m ent; 

 committed upon good grounds of suspicion, he must be 



sent to prison, or give bail (if the offence is riot of a ca- Bail; 

 pital nature) for his appearance to answer the charge 

 against him. If the offence be not bailable, or the party 

 cannot find bail, he is committed to the county goal by 

 minimus from the justice. 



6. The accusation of offenders is, 1. By presentment, Accusatfo 

 which is the notice taken by a grand jury of any offence whjch . . 

 from their own knowledge or observation ; as upon inqui- b y prese'n 

 sitions offelo rle se, of flight in persons accused of felo- nient; 

 ny, of deodamls, &c. 2. By Indictment, which is a writ- 2 i n< )i ct 

 ten accusation of one or more persons for a crime or ment, 

 misdemeanor, preferred to a grand jury, who are pre- 

 viously instructed in the articles of their inquiring by 



a charge from the judge who presides upon the bench. r 3. Infc 

 3. By information, which may be at the suit of the a 'i a ' 

 king and a subject upon a penal statute, or at the suit 

 of the king only, differing from indictments in this, 

 that it is exhibited by the informer or the king's officer 

 for misdemeanors only, and not on the oath of the 

 grand jury. 



7. If the offender appears or is in custody, the next Arraign, 

 step is to arraign him ; that is, calling him to the bar ment - 

 of the court to answer to the matter of the indictment. 



If he stands mute, the court will impannel a jury to in- What if 

 quire whether it is by the visitation -of God ; for if that P risone r 

 is the case, the trial shall proceed as if he had pleaded stand * 

 not guilty ; but upon his standing obstinately mute he 

 is considered as convicted, and judgment and execution 

 shall be thereupon awarded, as if he had made an ac- 

 tual confession of the indictment. 



8. Plea, or defensive matter alleged by the prisoner, Defence 

 may be, 1. A plea to the jurisdiction ; as where an pleas of 

 indictment is taken before a court that hath no cognizance prisoner, 

 of the offence. 2. Demurrer to the indictment, which 



is where the fact alleged is allowed to be true ; but the 

 prisoner joins issue upon some point of law in the in- 

 dictment, by which he insists that the fact as stated is 

 no felony, treason, or whatever the crime is alleged to be. 

 3. A plea in abatement which is principally for a misno- 

 mer, or false addition to the prisoner ; and if the fact is 

 found by a jury, then the indictment shall be abated. 

 4% Special pleas in bar, as autrefoits acquit, or a former 

 acquittal. 5. The plea of autrefoits convict, or a former 

 conviction for the same identical crime, though no judg- 

 ment was ever given, or perhaps will be, (being sus- 

 pended by the benefit of clergy or other cause,) is a 

 good plea in bar to an indictment. 6. The plea of au- 

 trefoits attaint, or a former attainder. 7. Plea of par. . 

 don which, if pleaded before sentence is passed, pre- 

 vents the corruption of the blood. 8. The general issue 

 or plea of not guilty, which brings the point of guilt or 

 innocence immediately to issue. In this case, the clerk 

 of the arraigns asks the prisoner how he will be tried ? 





