The inquest which inquire of the fresh suit is a Justices of gaol-delivery may take an indictment mere inquest of office, to satisfy the conscience of the judge. 240. s. 52 The inquest of the fresh suit is in the discretion of the court. GAME. See CERTIORARI. GAOL. See COMMITMENT. ib. ib. By 14 Edw. 3. c. 10. the custody of goals is re- ib. note in marg. Every gaol in the kingdom is the gaol of the king's bench. 7. s. 5 No person can justify the detaining a prisoner in custody out of the common gaol without some special cause. GAOL-DELIVERY. 177. s. 9 30. s. 6 against one admitted to bail. 29. (N. 1) Justices of gaol-delivery, on proclamation, may discharge all prisoners who are either not indicted or not prosecuted. But this power does not extend either to judges of oyer and terminer, or justices of the peace. Justices of gaol-delivery may award execution against such prisoners as have been outlawed for felony before justices of the peace. ib. s. 7 Justices of gaol-delivery have power after their commission is expired, either to order the execution or the reprieve of the persons who have been condemned before them. ib. s. 8 They may by the common law punish those who unduly let prisoners to bail. ib. s. 9 By 28 Edw. 1. they may award process into a 31. s. 13 By 27 Edw. 1. c. S. they shall punish sheriffs for 31. 82 By 4 Edw. 3. c. 10. justices of gaol-delivery shall punish sheriffs and gaolers refusing to take felons into their custody from constables without being paid. 31 By 1 Edw. 6. c. 7. prisoners convicted of treason and capital felony, who shall be reprieved by the justices of one gaol-delivery, may have judgment passed upon them by the judges at a subsequent gaol-delivery. For this purpose it appoints them to meet at such a place, at such a time, &c. where the sheriff is commanded to bring the prisoners. ib. These commissions must be agreeable to ancient precedents. 2. 18. 28 Justices of gaol delivery may, by the common law, proceed upon any indictment of felony This statute extends not to convictions before or trespass found before other justices against any person in the prison they are commis- It only extends to prisoners reprieved before sioned to deliver. 28. s. 2 By 4 Edw. S. c. 2. in affirmance of the common law, justices of gaol-delivery may deliver the gaols of persons indicted before justices of If the peace. ib. justices of oyer and terminer. ib. s. 17 32. s. 18 judgment, and gives subsequent commissioners But justices of oyer and terminer can only proceed against persons indicted before them- The manner in which such a pardon must be selves. indictment themselves. ib. ib. s. 3 They can only deliver the gaol by proclamation. where there is no indictment, and by proper trial where there is one. 29 Contrary to some opinions, it is certain, that justices of gaol-delivery may deliver the gaol of persons committed for high treason. ib. s. 4 Quare, whether justices of gaol-delivery may receive an appeal against accessaries to a felony, the principal to which is in the custody of the gaol they are commissioned to deliver. pleaded. ib. Justices of gaol-delivery have power to take an Subsequent justices commissioned by the next king to that who commissioned the former justices, have the same power as if both commissions had been made by the same king. ib. An enumeration of sundry statutes giving jurisdiction to justices of gaol-delivery. ib. s. 20 By 6 Rich. 2. c. 5. justices of gaol-delivery shall hold their sessions in the chief towns of the several counties. ib. s. 21 Justices of gaol-delivery may bail any person convicted before them of homicide by misadventure or in self-defence. 29.225 They may bail a person convicted of manslaughter, 3D 2 161 ib. general issue by a confession, or a former issue found against him. 553. s. 4 So also if a man be convicted of manslaughter Son assault demesne may be given in evidence on before them against plain evidence, they may the general issue in an indictment, but not in bail him till the next session. an action. 618. s. 203 So also they may bail an appellee from day to day, who pleads excommunication in disability of the appellant. ib. 284. s. 16 GENERAL WARRANT. See ARRESTS. GENTLEMAN. 130 Justice of gaol-delivery have power to assign a The case of general warrants stated. "Generosus," or " Armiger," are either of them second time. 402 474 The justices of gaol-delivery may have a panel 561 262. s. 111 Where an appeal describes a party as gentleman who is not so either by birth or reputation, it will abate the writ. 259. s. 103 what cases scandal thrown upon the character of a gentleman was cognizable by the court of the constable and marshal, as a court of honour. 16 returned immediately for the trial of a prisoner A grand jury are returned to inquire of all GENERAL ISSUE. What pleas in bar to an appeal are consistent with the general issue. 272. s. 137 A prisoner who pleads in avoidance of an indictment taken contrary to 11 Hen. 4. c. 9. and 3 Hen. 8. c. 12. which relate to the return OF THE RETURN AND QUALIFICATION OF of grand juries, may also plead the general issue. 299. s. 26 The defendant to a qui tam action or information cannot plead a special plea together with the general issue. 383. s. 62 A pardon sub pede sigilli cannot be pleaded with, or after the general issue, unless it bear a date subsequent to such issue. 551. s. 67 A defendant qui tam may take advantage on the general issue, that the offence arose in a different county. 375. s. 32. 386. s. 70 A defendant qui tam cannot give a discharge by a subsequent statute, as he may a proviso in the statute upon which he is sued, in evidence on the general issue; but he must plead it specially. 386. s. 69 If a suit be brought on a penal statute after the time limited, he may take advantage of it on the general issue. 378. s. 45 In capital cases the general issue may be pleaded with any other plea, either in bar, or in abatement, which is not repugnant to it, even after It is unsettled at the common law, whether such plea is found against the defendant. 553 In what form the general issue may be joined in criminal as well as capital cases. Where a defendant shall be estopped to plead the men above seventy years of age, persons perpetually sick, or living out of the county, An shall not be returned upon grand juries. 296 But such persons being returned upon the grand jury, may lawfully serve on it if they think fit. ib. ib. Grand jurors in the sheriff's torn shall have 20s. 298. s. 22 By 34 Edw. 3. c. 4. all panels shall be made of the next people which shall not be suspect nor procured. any deno GRAND SESSIONS. acquittal at the grand session of Wales is pleadable in bar to an indictment for the same offence in England. 304. s. 42 GRANT. Grant of the goods of a felon standing mute Such goods will not pass by a grant of all felons See APPEAL. HABEAS CORPUS. It is a contempt punishable by attachment for A It gaoler is punishable by attachment for disis no excuse for not obeying a writ of habeas obeying writs of habeas corpus. 219. s. 31 corpus, that the prisoner did not tender his fees to the gaoler. ib. Both these statutes extend to grand jurors. ib. By 11 Hen. 4. c. 9. all grand jurors shall be of the king's lawful liege people, and returned by the sheriffs or their bailiffs, without mination. Upon this statute, a person who is not returned, but procures his name to be read among those By 1 and 2 Phil. & Mary, no habeas corpus shall of the grand jury, may be indicted and fined. be granted to remove any prisoner out of gaol except signed by the hand of chief justice, &c. 403. s. 35 299. s. 23 ib. s. 24 It is questioned, whether a coroner's inquest is within the purview of this statute; but all other inquests are within it. HAMLET. ib. ib. s. 25 Whether a visne may come from a hamlet. 255 Sed 300. s. 28 A person arraigned or outlawed upon an indict- ib. HEADBOROUGH. See CONSTABLE. HEIR. HERALDS. See CONSTABLE and MARSHAL. HIGH CONSTABLE. HIGHWAY. See CERTIORARI. SHERIFF'S TORN. HIGHWAYMAN. Therefore if a grand juror who is nominated to The reward for apprehending and convicting a the sheriff, except by the justices in pursu highwayman. ance of the above act, it shall vitiate the in-Taken away by 58 G. 3. c. 70. dictment he joins to find, according to the 11 Hen. 4. ib. s. 33 No grand jurors can indict any offence whatso 301. s. 34. HOMICIDE. 126 ib. 148. s. 34 Excusable homicide not bailable by justices of the peace. ever which doth not arise within the limits of A person arrested upon light suspicion of homithe precincts for which they are returned. cide may be bailed by a justice of the peace. Whether a grand jury ought to find a bill of indictment to be true upon probable evidence only. A person committed as principal, and taken surreptitiously from his confinement to give evi- In what case a prisoner acquitted of homicide may be remitted to prison, or bailed. 147 What fee is due to a coroner for taking an inquest of homicide. ib. In what cases persons committed for homicide are not replevisable, 147 to 155 86 HOMINE HOMINE REPLEGIANDO. See BAIL. HONOUR. See CONSTABLE and MARSHAL. HORSE STEALERS. By 1 Edw. 6. c. 12. no person convicted of felonious stealing of horses, geldings, or mares, shall be admitted to clergy. 478. s. 34 By 2 & 3 Edw. 6. c. 33. (the above statute being! plurally expressed), stealing one horse, gelding, or mare, shall be put from clergy in the same manner as stealing of two, &c. 480 By 31 Eliz. c. 12. accessaries both before and after the fact in horse-stealing are put from clergy. By 10 and 11 Will. 3. c. 23. if any horse-stealer, being out of prison, shall discover two or more who had then been guilty of horse-stealing, and cause them to be convicted, he shall be entitled to a pardon. 486. s. 63 531 By 1 Edw. 6. c. 12. no person convicted of breaking any house, any person being therein and put in fear, shall be admitted to clergy. 478. s. 34 This statute extends both to indictments and appeals. 479. s. 35 No breaking is within the 1 Edw. 6. which does not amount to an actual breaking of an house, or of some part of it, as of a cupboard, &c. fixed to the freehold, and therefore the breaking a trunk, &c. is not within the statute, &c. 493. s. 88 By 39 Eliz. c. 15. whoever shall be found guilty of feloniously taking away in the day-time any goods to the value of five shillings in any dwelling house or out-house, &c. shall not be admitted to clergy, though no person be within the same at the time. 495. s. 95 This statute shall only extend to such a taking as is accompanied with a felonious breaking. ib. s. 96 A chamber in an inn of court is a house within the intent of this statute; but a lodging in Whitehall or Somerset-House is not. ib. s. 97 No accessary is ousted of his clergy by this sta tute. ib. s. 98 Nor is an aider or abettor ousted, unless it appear that he was actually within the house. ib. By 3 & 4 Will. and Mary, c. 9. whoever shall aid and abet another to break any dwellinghouse, shop, warehouse, &c. and shall feloniously take to the value of five shillings, shall be excluded from clergy. ib. s. 99 An assistant, or an accessary before, to such a felony in an out-house, not being a shop or warehouse, &c. without entering it, is still entitled to clergy. 496. s. 100.101 But all principals in any felony within 39 Eliz. c. 15. are excluded, whether in the same or a different county. 497. s. 102 By 19 Geo. 3. c. 74. a further punishment inflicted. HUSBAND AND WIFE. 507 It doth not exclude those who challenge more What lands shall be forfeited by attainder of the than twenty. ib. s. 36 husband, which he holds in right of his wife. Sed quare, if those who challenge more than twenty are not included in the word "con- In what cases dower shall be forfeited. (See victed." 638 ib. note in margin DOWER.) 647. s. 42 This statute omits accessaries. ib. s. 37 In what cases they may or may not give eviThe breaking of the house must be such as the dence against each other. HUE AND CRY. 106. s. 58 118. s. 14 HUNDRED. See ESCAPE. HUE AND CRY. HUSBAND AND WIFE. 278. s. 149 A feme covert being appealed without the hus- The sheriff in his torn may inquire of all those who shall levy hue and cry without cause, or shall neglect to levy it where they ought. Private persons are justified to apprehend offenders upon a hue and cry levied against them. Hue and cry is the pursuit of an offender from town to town till he is taken. All who are present when a felony is committed, or a dangerous wound is given, are bound both by common law and by statute, to raise the hue and cry against the offenders who An appeal lies against a feme covert without escape. 115. s. 5 ib. A man may lawfully raise it against one who ib. ib. ib. s. 6 279 If a husband and wife are appealed and acquit- 279 238. s. 46 taking notice of the husband. But a wife cannot bring an appeal without her husband. 244 In an appeal, the addition of the place of habitation of a wife is sufficiently shewn by shewing that of the husband. IDENTITATE NOMINIS. 264 reverse an outlawry upon an indictment for a variance in the name of the defendant, between the record and the process, the diversity must be shewn by the writ identitate nomi654 nis. To levy hue and cry without cause is considered To as a disturbance of the public peace. The manner in which the hue and cry shall be levied. By the statutes of Winton, if the country will not answer for the bodies of such as commit robberies and felonies within forty days, by levying the hue and cry, the inhabitants where the offence was committed, shall be The statutes of jeofails do not extend to crianswerable, &c. IDEOT. See APPEAL. APPROVER. JEOFAILS. 116 minal prosecution. But to make the country liable, the robbery must be open and violent, and not done in any house. 336 364 By 9 Ann. c. 20. they shall extend to informations in the nature of quo warranto. ib. (N) But it is not necessary that it should be done in IMPARLANCE. the public highway; if committed in a coppice Where an appeal may be abated before and it is sufficient. By 27 Eliz. c. 18. the inhabitants of every hundred where the offence shall be committed shall pay half the damages recovered against ib. the hundred for neglecting hue and cry. No hue and cry shall be deemed sufficient, unless made both with horsemen and footmen. ib. No person robbed shall maintain any action upon these statutes, unless he give immediate intelligence, and within twenty days before 547 the action be examined before a magistrate, By 12 & 13 Will. 3. c. 2. no pardon under the great seal shall be pleaded to an impeachment by the commons in parliament. &c. ib. A lord committed by the house of lords on an impeachment of treason, and afterwards pardoned, cannot be discharged by the court of king's bench. Sed quære, if the court may not bail, especially if no parliament be sitting. 166 By 8 Geo. 2. c. 16. the person robbed must also give notice to a constable near the place, de-But after the impeachment is tried, the offender scribing the particulars of the robbery, &c. ib. No hundred shall be chargeable, if the felons be apprehended within forty days after notice, &c. in the Gazette. 117 By 22 Geo. 2. c. 24. no person shall recover ib. may be pardoned. ib. The necessity of making a high steward for the trial of an impeachment for high treason, has been denied by the house of commons. 581. s. 1. note in marg. IMPRISONMENT. more than 200l. unless two persons are in See COMMITMENT. ARREST. HABEAS CORPUS. company at the time of the robbery. Nor by 30 Geo. 2. c. 3. and 4 Geo. 3. c. 2. un |