The Form of a Recognizance to appear and give Evidence in a Case of Felony,

Be it remembered, that on

day of

in

to wit. the "the year of the reign of our sove"reign Lord George the Third by the grace

of God of the United Kingdom of Great “Britain and Ireland, King, defender of the "faith, &c, A. W. of, in the said county “ of —— tanner, personally came before me, J. "P. Esq. one of the Justices of our said Lord the King, assigned to keep the peace in and

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for the said county, and acknowledged him"self to owe to our said Lord the King the sum "of 101. of good and lawful money of Great "Britain, to be made and levied of his goods "and chattels, lands and tenements, to the use "of our said Lord the King, his heirs and successors, if he, the said A. W. shall fail in "the condition underwritten [or indorsed if it "is so.]

"Acknowledged before me,-J. P.” "The condition of the above [or within] written recognizance is such, that if the above bound A. W. do and shall personally appear before the Justices of our sovereigu Lord the King, assigned to keep the peace within the said county, and also to hear and determiné divers felonies, trespasses and misdemeanors, in the said county committed, at the next general Quarter Session of the Peace [or before his

Majesty's Justices of Gaol Delivery, at the next general Gaol Delivery to be holden at in and for the said county,] and

do, and shall then, give such evidence as he knoweth upon a bill of indictment to be exhibited by A. I. of —

against O. O. late of

-, to the grand jury,

in the said county, labourer, for the feloniously taking and carrying away the property of —

and in case the said bill of indictment be found a true bill; then if the said A. W. do and shall then and there give evidence to the jurors that shall pass on the trial of the said O. O. upon the said bill of indictment, and not depart thence without leave of the court; then the above [or within] written recognizance to be void, otherwise of full force,"

If the party, entering into the recognizance, neglect to appear according to the condition, it will become forfeited, and be estreated into the Exchequer."

The process to bring such witnesses as have not been bound by recognizance to appear, whether on the part of the prosecution, or for the prisoner, is by subpana; which (whatever may have been the law formerly)* is now to be obtained in all cases whatsoever,† and in the following form, with such variations only as the particular instance may require.

* 2 Hawk. 46. † 7 Wm. 3, c. 3.-1 Anne c. 9:

The Form of a Subpana to give Evidence at the

Quarter Sessions.

George the Third, by the grace of God, "of the united kingdom of Great Britain and "Ireland, king, defender of the faith, to A. B. "C. D. E. F. and G. H. (not putting more "than four in one subpoena), greeting: we "command you, that all and singular business "and excuses being laid aside, you, and every "one of you, be, and personally appear in your "own proper persons, before our Justices assigned to keep the peace, in and for our

county of, and also to hear and deter"mine divers felonies, trespasses, and other "misdemeanors, in the said county committed, "at the General Quarter Session of the Peace, "to be holden at in and for the said

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county, on Wednesday the

at the hour of —

day of,

-in the forenoon of the

same day to testify the truth, and give evidence

"before the grand inquest touching a bill of "indictment to be preferred against

a case of trespass and assault.".

in

Or, if it be to give evidence for the prosecu

tion, say,

"On our behalf against

trespass and assault.".

If for the defendant, say,

"Between us-and

"and assault."

in a case of

in a case of trespass

Or if the king is not a party, say,

1

In a certain appeal now depending between "the church-wardens and overseers of the 06 poor of the parish of A, appellants, and the "church-wardens and overseers of the poor "of the parish of B, respondents, touching and concerning the removal of C. D. from the "said parish of B. to the said parish of A." And then proceed,

26

"And this you, or any of you, are by no "means to omit, under the penalty upon each "of you of 1007. Witness

at

"Y. Z. clerk of the peace."

This subpoena is made out by the Clerk of the Peace, and each of the witnesses must be personally served, either with a copy, which is now most usual, or with a notice in the following form:

"To Mr. A. B.

"By virtue of his Majesty's writ of subpoena "to you directed, and herewith shewn unto

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you; you are personally to be and appear "before his Majesty's Justices," &c. [pursuing the form of the subpoena, as far as the words in a case of ';]" and this you are not to "omit, under the penalty of 1004.

Dated this

year of

The last subject of enquiry under this division is, what privileges or immunities the pro

tection of the Court confers upon Suitors of every description, as auxiliary to the advancement of public justice.

have busi

And it is universally laid down that all per- All persons sons may freely attend at the Sessions, for the ad- protected vancement of public justice, and for the service ness. of the King; and to this end, they are, as it were, invited thither by a certain freedom of access, and by protection from common'arrest in civil actions, a thing that is incident to every court of record, and without which, justice would be greatly hindered; so that if a man come voluntarily to the Sessions, either to prefer at bill of indictment, or to give information against another, or to tender a fine upon an indiet ment touching himself, or come compelled to: make appearance for saving his recognizance, and be arrested in his coming thither, orduring his tarrying there, or on his return, it seems that upon examination of the matter under his oath, he shall be discharged thereof by the privilege of the Court of Session, the same as in the Courts of Westminster.*

But to have this privilege the party must appear in person, that the court may examine him, and be satisfied upon his oath, that he was either prosecuting, or defending, some suit pending in that court, when he was arrested.†

* Lamb. 442.-2 Str. 987. Ibid.