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reign of king Philip and queen Mary, intituled
"An Act appointing an order to Justices of 1 & 2 P. & M. c. 13. "Peace for the Bailment of Prisoners," and
the second passed in the second and third years
of the same reign, intituled “ An Act to take 2 & 3 P. & M. c. 10. "examination of Prisoners suspected of Man"slaughter or Felony;" be it therefore enacted,
in writing the exami
at the trial.
That the two justices of the Peace, before they Before any person shall admit to bail, and the justice or justices, charged with felony, before he or they shall commit to prison, any committed, the jusperson arrested for felony or on suspicion of tices shall take down felony, shall take the examination of such nation, &c. and bind person, and the information upon oath of those witnesses to appear who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; and the two justices shall certify such bailment in writing; and every such justice. shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or goal delivery, or superior criminal court of a county palatine, or great sessions or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused; and such justices and justice respectively shall subscribe all such exami- Examinations, &c. to nations, informations, bailments, and recog- be delivered to the nizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court.
III. And be it further enacted, That every Duty of justice on justice of the peace before whom any person charges of misdemeashall be taken on a charge of misdemeanor,
or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have Power to bind persons authority to bind all persons by recognizance by recognizance to to appear to prosecute or give evidence prosecute, &c. against the party accused, in like manner as in cases of felony; and shall subscribe all exExaminations, &c., to aminations, informations, bailments, and recognizances, deliver or cause to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony.
be delivered to the
Duty of coroner. (1 &
IV. And be it further enacted, That every 2 P. & M. c. 13. s. 5.) coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessory to murder before the fact, shall put in writing the evidence given to the jury before Power to bind parties him, or as much thereof as shall be material; to appear and give evidence.
and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged, and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and
also the inquisition before him taken, and shall deliver the same to the proper officer of the
To deliver evidence,
court in which the trial is to be, before or at &c. to officer of court. the opening of the court.
V. And be it further enacted, That if any Penalty on justices & justice or coroner shall offend in any thing M.c. 13. s. 5.) coroners. (1 & 2 P. & contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon every such justice or coroner as the court shall think meet.
VI. And be it further enacted, That all these Provisions to apply to provisions relating to justices and coroners all justices and coroshall apply to the justices and coroners not (1 & 2 P. & M. c. 13. only of counties at large, but also of all other s. 6.) jurisdictions.
VII. And whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy under certain circumstances consequent upon the indictment of the offender and whereas a partial remedy for such defects was supplied by an Act passed in the third year of the reign of
king William and queen Mary, intituled “An 3 w. & M. c. 9. s. 2. "Act to take away Clergy from some Offend
ers, and to bring other to Punishment," whereby it was enacted, that if any person should be indicted of any offence for which, by virtue of any former statute, such person was excluded from the benefit of clergy, if convicted by verdict or confession, such person should not be admitted to the benefit of clergy under any of the circumstances
therein enumerated: And whereas it is expedient to extend the like remedy to all offences which now are or hereafter shall be excluFelonies without be- ded from the benefit of clergy; be it therenefit of clergy provided fore enacted, That if any person shall be infor under all circum- dicted of any offence for which, by virtue of (3 this or of any other statute or statutes made or
stances consequent on
W. & M. c. 9. s. 2. 12 G. 3. c. 20.)
Felonies within bene
fit of clergy provided
stances consequent on
to be made, the offender is or shall be excluded from the benefit of clergy, such person shall be equally excluded from the benefit of clergy, whether he or she shall be convicted by verdict or by confession, or shall upon arraignment stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, although the statute or statutes taking away the benefit of clergy in any such case may not expressly provide that the offender shall be excluded from the benefit of clergy in case such offender shall confess, or stand mute, or not answer directly, or challenge* peremptorily above the number of twenty persons returned to be of the jury, or be outlawed; and every thing herein contained shall extend as well to all accessories as to principals.
VIII. And, with regard to clergyable felonies, be it enacted, That if any person shall be indicted of any felony for which the offender is or shall be entitled to the benefit of clergy, and such person shall on arraignment confess the felony, or stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of
See 7 and 8 G. 4. c. 28. s. 2-6, post, p. 62, 63, by which such a challenge is declared to be void.
fact may be tried as
court which has jurisdiction to try the prin
ted on the seas or
twenty persons returned to be of the jury, or shall be outlawed upon such indictment, in every such case such person shall be deemed and taken to be convicted of the felony, and the court shall award such judgment as if such person had been convicted by verdict; and every thing herein contained shall extend as well to all accessories as to principals. IX. And, for the more effectual prosecu- Accessory before the tion of accessories before the fact to felony, such, or as a substanbe it enacted, That if any person shall counsel, tive felon, by any procure, or command other any to comperson mit any felony, whether the same be a felony cipal felon, although at common law, or by virtue of any statute or the offence be commitstatutes made or to be made, the person so abroad. counselling, procuring, or commanding, shall (43 G. 3. c. 113. s. 5.) be deemed guilty of felony, and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may be punished in the same manner as an accessory before the fact to the same felony, if convicted as an accessory, may be punished; and the offence of the person so counselling, procuring, or com manding, howsoever indicted, may be inqui red of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, although such offence If the offences be commay have been committed either on the high mitted in different seas or at any place on land, whether within may be tried in either