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18. When the prisoner has put himself upon upon the general issue, in any capital crunt, and
19. But for what purpose do the judges never
scruple to allow a prisoner counsel ; and what is
directed by statute 7 W. III. c. 3 and 20 Geo. IL
c. 30, lest this indulgence should be intercepted
20. In what five leading points, by several
3. How was water-ordeal; and in what prac- made between civil and criminal evidence ? 356,
21. What hath been holden in the construc-
6. In what criminal cases may the trial by enacted that the confession of the prisoner, which
22. What two rules does Sir Matthew Hale lay
23. What was declared by statute 1 Anne,
24. What is the difference between the verdict
in civil and criminal cases ! 360.
25. What if the verdict be notoriously wrong;
26. What if the jury find the prisoner not guilty;
when shall all persons appearing upon recogni-
loss of time, by several late statutes ? 362.
29. When shall the prosecutor have restitution
30. Why does this writ of restitution reach the
sold to a third person in market-overt; when may
victed and pardoned, or be allowed his clergy!
31. When, and why, does the court permit the
ment, and, if the prosecutor then declare himself
why? 363, 364.
1. After trial and conviction, what is the
original; and of what two principal kinds were
4. In process of time, who was accounted a case the defendant be found guilty of a misde
this period ? 375.
in arrest of judgment; and what when it is not
7. For avoiding these perjuries and abuses, humanity of the English nation authorized an
8. What has the bill of rights declared as to
reason why fines in the king's courts are fre-
10. To what persons is the benefit of clergy to 12. What are the incapacities of a man at-
man convicted and attainted? 381.
15. How is forfeiture twofold ? 381.
17. What is forfeited from the wife, if the hus-
vision of statute 5 & 6 Edw. VI. c. 11; and if
18. But what if a traitor die before judgment
19. In what consideration is the natural jus-
reditary punishment entirely, what was enacted
tute still further suspended by statute 17 Geo.
treason and felony; and what is called the king's
year, day, and waste? 385.
are they incident to a felo de se; and how far
backwards do they relate ? 386.
rape ? 400.
24. When does the forfeiture of goods and what if the party plead diversity of person, that
he is not the same that was attainted, and the
time be allowed the prisoner to make his defence
prerogative of pardoning in case of parliamentary
11. What must be the form of a complete irre-
viction or attainder of felony ? 400.
14. What is enacted by the statute 13 Ric. II.
st. 2, c. 1 as to the pardon of treason, murder, or
2. By what three means may a judgment and 16. What is a conditional pardon ? 401.
17. What is the difference between a pardon
19. What discretionary power does the statute
court over a criminal pleading pardon of felony?
6. When is an act of parliament to reverse the blood, if the pardon be not allowed till after at-
7. What is the effect of falsifying or reversing
CHAP. XXXII.--Of Execution.
1. By whom must execution be performed; and
parliament, and under what at the assises? 403.
cution in the country; but what is the form of
proceeding, and what is the warrant, in London,
and what if the prisoner be tried at the bar of,
or brought by habeas corpus into, the court of
2. What is a reprieve ex arbitrio judicis ; and enacted by 25 Geo. II. c. 37 in case of murder ?
4. Can the sheriff alter the manner of the exe-
of the sentence? 405.
CHAP. XXXIII. Of the Rise, Progress, and Gro
14. What did Edwards II. and III.? 428.
5. What did Edgar; and what is the most Henry VIII. ? 430, 431.
6. What nine may be reckoned among the 432.
7. What five alterations in our laws did the ties of the nation; and what for the political ?
21. What did Charles I. ? 436–438.
22. What was done upon the restoration of
the chief alterations of moment in the admi.