A Treatise of the Pleas of the Crown; Or, A System of the Principal Matters Relating to that Subject, Digested Under Proper Heads ...

15. to

3. Such as are awarded by law,

Such offences with force come unch. 12. sect. 22, &c.

der the notion of rescous, c. 21.
Arrests of this kind by publick of. Secondly, arrests by process from a
ficers, are either,

court of record may be made by vir-
1. By watchmen, c. 13. fi 1 to 7. tue of two kinds of process,
2. By conftables, c. 13. f. 7 to 12. 1. Upon such as is awarded by the
3. By bailiffs of towns, c. 13. f. 12.

discretion of the court, upon a
4. By justices of peace, which are bare suggestion, or the know-
either,

ledge of the justices.
1. By parol, c. 13. f. 14. 2. Upon such as is awarded on an
2. By warrant, c. 13.

s.

appeal, indi&tment, or informa-
the end of the chapter.

tion.
Persons arrested are either to be Process of the first kind is generally
bailed, c. 15

called an attachment (ch. 22.), and
Or committed, c. 16.

lies either against,

1. The officers of the court, as,
Persons may be criminal, in pre 1. Sheriffs and bailiffs, ch. 22.
venting the bringing of offenders to sect. 2 to 6.
publick justice, several ways.

2. Attornies, ch. 22. sect. 6 to
1. Before any arrest made,

12.
2. After an arrest.

3. Other officers of the court,
Persons may be so guilty before any ch, 22. sect. 12.
arreft made,

4. Jurors, ch. 22. feét. 14 to
1. By opposing an arreft, c. 17. 25. or,

2. Against other, as,
2. By suffering a criminal to escape, 1. Inferior judges, ch, 22. sect.
c. 17. f. 2. 4.

25 to 30.
3. By Aying from an arreft, c. 17. 2. Counsellors, ch. 22. fe&t. 30.
f. 3. C. 49. 1. 14, 15, 16.

3. Gaolers, ch. 22. sect. 31.

4. Any other persons whatso-
Persons may be fo guilty after an ever, ch, 22. fe&. 33. to the
an arrest, either in respect of an arrest end of the chapter.
of themselves or of others.

Their offence in respect of an ar Process on an appeal, indi&tment,
rest of themselves, if without force, is or information, supposes such appeal,
called an escape, c. 17. f. 5. indictment, or information to be first

If with force, is called a breach of exhibited,
prison, c. 18.

An appeal is either,
Their offence in respect of the ar 1. By an innocent person, which
rest of others, is either,

may either be by writ or by bill,
1. Without force, or,
2. With force,

2. By an offender confeffing him

self guilty, who is commonly
Such offences, without force, come called an approver, c. 24.
under the notion of escapes, and are
either,

Indi&tments (ch. 25.) are of two
1. By officers (c. 19.) or,

kinds,
2. By private persons, c. 20. 1. Such as are grounded on the
8

common

feet. I.

ch. 23•

common law, ch. 25. sect. 55 1. In bar, or,
to 99.

2. The general issue, c. 38.
2. Such as are grounded on fta- | The principal pleas in bar are,
tute, ch. 25. sect. 99 to 118. 1. That of autrefoits acquit, c. 35.

2. That of autrefoits attaint or conInformations are of two kinds,

viel, c. 36.
1. Such as are merely the suit of 3. That of pardon, c. 37.

the king. ch. 26. sect. i to 17. The plea of not guilty is triable ei2. Such as are partly the suit of ther,

the king, and partly the suit of 1. By the country, or,
the party, ch. 26. sect. 17. 2. By the peers, (c. 44.) or,
to the end of the chapter.

3. By battle, c. 45.

In order for a trial by the country Process on an appeal, indi&tment, a jury must be returned, or information, may be either con 1. From the proper county, C. 40. lidered,

2. By proper process, c. 41. 1. In general, without any parti 3. Before a proper court, c. 42.

cular regard to process of out The jurors being returned into

lawry, ch. 27. sect. I to 113. court may in many cases be chal2. In particular, with regard to such lenged.

process only, ch. 27. 1. 113. 10 Such challenges may be considered the end of the chapter.

either

1. Without any particular regard A criminal being brought into court to aliens, or, is to be arraigned, or put upon his 2. As they particularly relate to trial, the manner whereof may be aliens, c. 43. f. 34. to the end of confidered,

the chapter. 1. As it relates to all criminals in Those of the first kind, are either, general, ch. 28.

1. Such as may be taken on the 2. As it relates to principals and part of the king (c. 43. f. 2, accessaries in particular, c. 29.

3.) or,

2. Such as may be taken on the The party being arraigned, either, part of the prisoner.

1. Stands mute, (c. 30.) or, A challenge may be taken on the 2. Confefles, (c. 31.) or,

part of the prisoner, either, 3. Pleads.

1. Peremptory, (c. 43. 1. 5 to 10.) Pleas are either,

or, 1. Dilatory, or,

2. For cause, c. 43. f. 10 to 34. 2. In chief, The dilatory are either,

The jury being sworn, are to be 1. Declinatory, or,

guided by their evidence, c. 46. 2. In abatement, c. 34.

Whereupon they must give some The declinatory are either,

verdict, either general or special, c. 1. Of the privilege of fan&uary, 47.

(c. 32.) or, 2. Of the benefit of clergy, c. 33. Judgments in criminal cases are of Pleas in chief are either,

two kinds,

I. Such

1. Such as expressly sentence the 1. The forfeiture of lands and

party to the punithm nt proper goods, c. 49. 1. Ito 42,
for his crime.

2. The loss of the wife's dowary 2. Such as give no such express c.

49.

1.

42 to 47. fentence,

3. The corruption of blood, c. 49.

f. 47. to the end of the chapter. Of judgments by such express sen Forfeitures of lands and goods are tence ihere are two kinds,

either,
1. Such as are fixed and stated, 1. By the common law (c. 49. s.

and always the fanie for the same i to 18 ) cr,
fpecies of crimes, C. 43. T. 2 to 2. By statute, c. 49. s. 18 to 30.
14.

Judgments may be avoided either, 2. Such are discretioriary and vari

1. Without writ of error, (c. so. able according to the different f. 10 to 17.) or, circumstances of each cale, c. 43. 2. By writ of error. 14 10 21.

They may be avoided by writ of Of judgments which give no such error, either, expiers fentence, there are also two 1. For faults apgarent in the rekinds,

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