cause, and procure; and the said men and "women in his said house at unlawful times, as "well in the night as in the day, then and at "the said other days and times, there to be "and remain, drinking, tipling, whoreing, and "misbehaving themselves, unlawfully and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all "the subjects of our said Lord the King, and "against the Peace of our said Lord, the King, "his crown and dignity, 66 For forestalling the Market. S County of "The Jurors for our Lord the King, 1“ upon their oath present, that A. "B. late of the parish of -" of "in the yeoman, on the in the county day of year of the reign of our sove"reign Lord George the Third, &c. at the "parish aforesaid, in the county aforesaid, did "buy, and cause to be bought, of and from 66 one D, E. five hundred pounds weight of "cheese for the sum of of lawful money of Great Britain, as he, the said D. E. then "and there was coming toward the market of -to sell the said five-hundred pounds weight of cheese, and before the same was "brought into the said market, where the " same should be sold; in contempt of our said "Lord the King and his laws, to the evil "example of all others in the like case offends હૃદ called. "ing, and against the peace of our said Lord "the King, his crown and dignity."* We now return to the proceedings on the trial. Witnesses country, the prosecutors and witnesses are next called on their recognizances, and they take the place assigned to them by the Court. Jury called. Then, the Petty Jury are called on their panel by the clerk of the peace in this manner : "You good men that are returned and im"panelled to try the issue joined between our "Sovereign Lord the King and the Prisoner at "the bar, answer to your names, upon pain "and peril that shall fall thereon;" which done, and a full jury appearing, the clerk of the peace calls the Prisoner to the bar and says to him: "These good men that were "last called and have appeared, are those "which are to pass between our Sovereign "Lord the King and you (upon your several *The foregoing are indictments for offences at common law; those for offences against Statutes must pursue the words of the Statutes in describing the offences, and conclude in addition, "and against the form of the statute in that case made and provided." The non-repair of roads, presents one of the most common occasions for indictments at the Quarter Sessions, but the form of a presentment by a Justice of the Peace having been given in a previous page, and that not differing from an indictment in any essential points, it was not thought necessary to insert a specimen of the latter. 1 66 any "lives and deaths if it be a capital offence) "if therefore you will challenge them, or of them, your time is to speak, as they come to the book before they are sworn, "and you shall be heard;"* then Proclamation is made by the crier of the Court to the following effect: "If any can inform "the King's Attorney or this Court of any "treasons, murders, felonies, or other misde"meanors against A. B. the Prisoner at the "bar, let them come forth, for the Prisoner "stands upon his deliverance.† Challenges are of two kinds, viz. either to Challenges. the array, or to the polls. Challenges to the array are at once an ex-To the arception to the whole panel, in which the jury ray. are arrayed, or set in order, by the sheriff in his return. And this kind of challenge is two-fold, either a principal cause of challenge or to the favour. A principal cause of challenge is grounded on such a manifest presumption of partiality, that if it be found true it unquestionably sets aside the array, or the juror. And there are many principal causes of chal-Principal lenge to the array, viz. if the sheriff, or other causes, officer, be of kindred or affinity to the plaintiff * 2 Hawk. c. 25. † Dalt. c. 185.-Cro. Cir. Comp. 13, To the fayour. or defendant, if the affinity continue;-if the officer return any juror on the nomination of either party, the whole array shall be quashed. If the plaintiff or defendant have an action of battery against the sheriff, or the sheriff against either party, this is a good cause of challenge, So if the plaintiff or defendant have an action of debt against the sheriff; so if the sheriff or his bailiff which returned the jury be under the distress of either party;-or if the sheriff or his bailiff be either of counsel, attorney, officer, or servant of either party, or arbitrator in the same matter, the array may be well challenged.* As to a challenge to the array for favor, it being no principal challenge, must be left to the conscience and discretion of the triers; as if either of the parties be tenant to the sheriff, or if the sheriff have an action of debt against either of the parties, these are causes of challenge to the favor only; for the sheriff thereby is not under the party's influence, but the party under his. It is said that the subject cannot take a challenge for favor against the King, without shewing some actual partiality in the sheriff or juror, or some particular cause in respect whereof the King may influ ence them.‡ *Co. Lit. 156. + 3 Black. Com. 359. 2 Hawk. c. 43. Challenges to the array are now however so unfrequent, that we pass on to consider challenges to the polls. A challenge to the polls, is a challenge to To the Polls. the particular jurors, and these challenges also are two-fold; either peremptory, or for cause shewn. A peremptory challenge is so called, because Peremptory. a person may challenge peremptorily upon his own mere dislike, without shewing any cause.* The numbers that might be challenged peremptorily have been varied at different periods, by divers statutes, according to the nature of the offence; but now the privilege stands thus. In treason of every description the Prisoner may challenge thirty and five peremptorily, but in other felonies only twenty.t-The King however shall not be allowed a peremptory challenge.§ A challenge to the polls, for cause shewn, For cause. is either principal, or to the favor. And the principal challenge is reduced to four heads propter honoris respectum ; propteṛ defectum; propter affectum; and propter delictum. *Co. Lit. 156, † 22 Hen. 8. c. 14.-32 Hen. 8. e. 3.-33 Hen. 8. c. 23. 1 & 2 Ph. & Mar. c. 10. 4 Black. Com. 354. $38 Edw. 1. St. 4. |