ib.

If a fact done in a vill within a parish which contains divers vill, or in a city which contains divers parishes, be alleged generally in the parish or the city, it may be pleaded in abatement. 256

ought to produce it sub pede sigilli, though it be a plea in bar. ib. s. 65 If the party pleading do not produce the pardon, the Court may indulge him with a fu ture day for the purpose. A variance between the record and the pardon It pleaded may be supplied by averment, if it be not repugnant. ib. s. 66 If such variant pardon be pleaded without averment, the Court may give a further time to perfect the plea, or to purchase a better pardou.

A parish shall be intended to contain no more towus than one, unless the contrary appear. ib. Where a warrant is alleged, authorising an arrest within the liberties of Loudon, and the indictment lays the execution of it in such a parish and ward in London, it is good; for the parish shall be intended within the liberties. 314

ib.
If the variance be personal, an inquest of office
has been taken whether the same person
were meant in both records.
ib.
No pardon under the great seal can be pleaded
together with or after the general issue, un
less it be dated subsequent to the issue. ib.
The party shall take advantage of his whole
pardon, and not be driven to any particular
words of it.
A person apprehended upon an estreated recog
nizance may plead a pardon in the king's A visne may come from a park.
bench, and have a supersedeas to the exche
quer.

A fact laid in a parish of London with some
other addition, as St. Michael, Wood-street,
&c. without shewing the ward in which the
parish lies, is good.
326. s. 83

552. s. 68

ib. s. 69

Formerly no pardon was allowed without a

PARK.

PARLIAMENT.

256. s. 93

ib. s. 73

No presumption shall be made that they do not
act within their jurisdiction.
The form in which the parliament shall draw
commitments is not cognizable by the
king's bench.

writ for that purpose (except for treason) out Persons committed by either house of parliaof chancery, and surety taken for the good ment cannot be bailed during the sessions. behaviour. ib. s. 70 1165 By 5 and 6 Will and Mary, c. 13. justices before whom any pardon for fel ny shall be allowed, may oblige the party, whether infant or feme covert, to find two sureties for their good behaviour, not exceeding seven years. ib. s. 7 The judges may insist on the fee of gloves before they allow a pardon. ib. s. 71 The mode of taking advantage of a pardon on the Circuits and at the Old Bailey described. ib

rest.

ib.

Qacere, what remedy a subject has who shall be illegally committed by either house of parliament. ib. The courts of common law cannot directly intermeddle with the privileges of parliament. 166. notis

Where beheading is part of the judgment, as in The power in either house of parliament to high treason, the king may pardon all the 656. s. 5 In what cases a pardon of a former suit may be pleaded to a qui tam action or information.

384

commit for contempt, is inherent in the very nature of their institution. ib. After the dissolution or prorogation of parliament, a person committed by either house may be discharged by the king's bench. ib. All matters before either house must be commenced a-new at the next parliament, except a writ of error. ib.

166. s. 75

Quare, whether a lord committed by the house
of lords on an impeachment of treason, and
afterwards pardoned, cannot be discharged
by the king's bench.
The court of king's bench may in their discre-
tion bail, though not discharge, a lord upon
an impeachment of high treason.
By 1 Hen. 4, c. 14, no appeals shall be pursued
in parliament.

ib.

206

What misrecitals in an indictment on a statute, of the place or time at which the parliament was holden, are fatal.

338

ln what manner a parliamentary pardon must be pleaded, and how far the Court are bound ex officio to take notice of it. 550 No authority, except the parliament, can inflict a punishment unknown to the common law, as transportation, &c.

634-308

By

By 33 Hen, 8, c. 29, attainders of treason by the | The steward directs another precept to the Sercommon law are made of equal force as attainders by parliament.

654. s. 15

132

jeant at arms to summon the peers. Quare,
if the parliament be sitting.
ib. s. 3
By 7 Will. 5, all peers are to be summoned.
ib. (N)

The form in which a trial by peers is conduct-
ed.
ib. s. 4

The clerk of the crown is to arraign the pri-
soner, but not to insist on his holding up his
hand.

PAROLE. In what cases a justice may authorise an arrest by parole. PARSON. Parsons of churches are not bound to give attendance at the sheriff's torn. 92 582 In what manner the evidence and verdict are to be given. ib. s. 6 None but lords who have a vote in parliament can pass on such a trial. ib. s. 7. Whether upon the trial of a peer the bishops have a right to vote.

РЕАСЕ.

Sce JUSTICES. SESSIONS.

ib. It is agreed, they have a right to vote in a bill of attainder.

583

PEER. All peers of the realm are privileged from attendance at the sheriff's torn, unless necessary on some particular occasion. 92. s. 11 None but peers can hold the office of lord high steward. 6 They have also a right to vote in questions preThe authority and duty of peers in the court of vious to the trial of a peer. ib. the lord high steward, and in the court of the By 7 Will. 3, c. 3, all peers who have a right king in parliament. to sit and vote shall be summoned twenty No peers, as such, have any greater authority days before the trial, and take the oaths, &c. to keep the peace than mere private persons. 38. s. 1. A peer is punishable by attachment for disobedience to all writs whatsoever. 220. s. 33.

6. notis

ib. No lord of any other country, or of Ireland, nor the son or heir of any peer, hath a right to such a trial. ib. s. 9 By 20 Hen. 6, c. 9, duchesses, countesses, baronesses, indicted of treason or felony, whether married or sole, shall be tried as peers of the realm would be tried for the offence of which they shall be indicted. ib. s. 10 queen, cousort or dowager, sole or married to a second husband, be he a peer or commoner; and all peeresses by birth, sole or married to peers or commoners; all marchionesses and viscountesses are entitled to a trial by peers.

A

584

But a peeress by marriage loses her dignity by
marrying a commoner.
ib.
While the parliament is sitting a bishop shall be
tried by the peers.
ib. s. 12

A trial by peers may be of right upon an indict-
ment of treason or felony, or misprision thereof,
but for all other crimes a peer shall be tried
by the country.
ib. s. 13

A peer shall not be tried by his peers upon an
appeal of felony.
ib. s. 14
A peer is not by any privilege exempted from
being indicted by a grand jury of common-
ers, either in the king's bench, before com-
missioners of oyer, or the coroner. 585. s. 15
If a peer absent himself and cannot be found,
he may be outlawed per judicium coronato-
rum, &c.
ib. s. 16
The king's bench may allow a pardon pleaded
by a peer to an indictment in that court. ib.
ib. s. 17
The king's bench cannot receive a peer's plea of
not guilty, or his confession.
ib. s. 17
A peer attainted of treason or felony, may be
brought into the king's bench, and demanded
why execution should not pass. ib. s. 18
the day appointed by the house of lords for
the execution of a peer should lapse before
execution done, a new time may be appoint-
ed by the king's bench, the parliament not
then

If

from making an affidavit as to the irregularity of a judgment.

PERSONAL ACTION.

604. s. 99

then sitting, and the record, &c. being properly removed. 585. s. 18. (N)} If a peer on an arraignment before the lords refuse to put himself upon his peers, he shall be dealt with as one who stands mute. ib. s. -19 A mere personal action dies with the person, One entitled to peerage who pleads as a com- as all other actions for mere torts do. 238 moner cannot afterwards insist on his peerage.

ib.

PES SIGILLI.

PETIT LARCENY.

See LARCENY.

PETIT TREASON.

See TREASON-EVIDENCE.

346 (N)

have an appeal against her, except the petty treason be pardoned.

235. s. 39

Two witnesses are required upon an indictment of petty treason.

352. s. 144

462. s. 13

What is to be done to one who stands mute to
an indictment of petty treason.
Quare, whether petty treason was, at common
law, entitled to clergy—But this is settled by
statute De Clero.
476. s. 21

By 23 and 25 Hen. 8, petty treason is ousted of
clergy.

But the judges may answer the lord high stew-If a wife commit petty treason, the heir may ard any question in open court, during the absence of the prisoner. ib. When a peer is tried before the peers in parliament, the lord high steward withdraws with the rest of the peers. ib. s. 21 Where a peer is tried by the lords in full parliament, the house may be adjourned, and the evidence taken by parcels. ib. s. 22 Where the trial is by commission, the lord high steward, after verdict, may take time to advise upon it, and his office continues till judgment. ib. On a trial by commissioners, the lords triers cannot separate after evidence given; but must continue together till verdict given. ib. In a trial before the peers in parliament, every peer is a judge both of law and fact; but in the court of the high steward, he is to judge of the law, and the peers triers are mere judges of the fact. 586 (N) In stated and fixed judgments the law makes no distinction between a peer and a commoner.

PENALTY.

624. s. 2

The whole penalty of a penal statute goes to the king, where it is not otherwise disposed of.

368

484. s. 50

In petty treason, depositions taken on the exa

593

mination, &c. are not sufficient to convict, if the deponent be living, though unable to travel, or kept out of the way by the procurement of the prisoner. Judgment against a man for petty treason is "to be drawn to the place of execution, and there hanged, &c."

626. s. 5

The judgment against a woman was, that she
shall be drawn to the place of execution, and
there burnt. But by 30 Geo. 3, c. 48, they
shall now be hanged.
ib. s. 6.
Whether the wife loses her dower for this of-
fence.

PHYSICIANS.

647

The king's grant of such penalties is void. 390 In what manner practising physicians may be relieved by king's bench on being chosen constables.

An indictment of perjury on 5 Eliz. c. 9, omitting the words voluntariè et corruptè in setting forth the swearing is insufficient. 342

s. 110 So also, if such an indictment set forth tacto per se sacro evangelio falsò deposuit, without directly shewing that he was sworn, it is not good. 345. s. 111 The Court will not grant a certiorari to remove an indictment of perjury at the instance of the defendant, except for special cause. 402.8.28 It is unsettled whether the pardon of a conviction of perjury make the party a good witness. 548. s. 52

A conviction of perjury, and judgment thereon, is a good cause of challenge to a juror. 576 It is also a good exception to a witness, notwithstanding the king's pardon.

See GENERAL ISSUE. ABATEMENT. BAR. ARREST. JUSTIFICATION. APPEAL. 604 Inferior judges may be punished by attachment

A conviction of perjury will not disable a mau

for

appeal may be cured by pleading. (See AP-What circumstances are allowed to induce so PEAL).

In what manner a defendant is to plead to a qui tam action or information. (See INFOR

469

It is unsettled whether the forfeiture in pramu- Ancient opinions and determinations respecting

Quære, if a vill may be bound by prescription Justices of the peace by virtue of 1 Ed. 4, c. 2,

or justices of oyer and terminer: but justices The sheriff, and not the bailiff of any franchise,

392

of the peace have not this power. All process to which the king is a party ought to have the clause of non omittas, &c.

394. s. 5 By 27 Hen. 8, c. 24, all process upon indictment of treason, felony, or trespass, to every county palatine or other liberty, shall be made in the king's name only, and all process issuing from a county palatine, &c. shall be tested in the name of him who has the franchise.

ib. s. 7 All process to other courts ought to be in the king's name; and if from the king's bench, tested in the name of the chief justice, or, in his absence, the senior judge, &c. ib. s. 8 Process on an indictment before justices of the peace must be under the hands of two of them, and that sitting the court in the sessions. ib. A venire facias is the proper process to be first awarded on an indictment for any crime under the degree of treason, felony, or may. hem, except where other process is directed by some statute. 395. s. 9 A venire facias is the first proper process on an information in the crown office for a debt claimed by the king, as having been forfeited by a felo de se.

ib.

If, on such venire, the defendant cannot be found,
a distress infinite shall go, if he have lands,
&c. But if a nihil be returned, a capias alias
& pluries shall issue.
395. s. 10
Quare, whether in oyer and terminer if the
party make default at the first day, a venire
facias or pone per vadios may issue, &c. &c.
ib. s. 11
On informations, a capias against a commoner,
and a distringas against a peer, are the first
process, &c. &c.
895. s. 12
At common law an attachment or subpoena at
the election of the informer were the proper
process in qui tam on popular statutes. ib.
In other actions an attachment or pone per va-
dios was the process.

shall execute all writs where the king is party, whether there be the clause of non omittas, or not; for the king's prerogative shall be preferred to every franchise, unless there is a clause to the contrary in the grant of the franchise. 896 By 4 and 5 Will. and Mary, c. 18, no process shall issue, on any information exhibited by the master of the crown office, till a recognizance be given, &c. (See INFORMATION,) 396. s. 18 By 18 Eliz. c. 5, no process shall issue on a penal information till a special note be made of the time when such information was exhibited. 397

If

a defendant appear, and before issue joined
escape, the common capias, alias, and pluries
shall be awarded, unless there has been an
exigent, in which case a new exigent shall go
instanter.
397. s. 19

If no exigent be awarded, and the defendant
make default after issue joined, and an in-
quest be awarded to try it, a capias shall go
against him ad audiendam juratam, &c. ib.
Quære, if the defendant appear upon the exigent,
whether he shall not be admitted to plead de

Where the process on au appeal, indictment, or information, shall be said to be discontinued, miscontinued, or put without day. (See DisCONTINUANCE).

How far and in what manner process is necessary in outlawry. (See OUTLAWRY). In what manner process shall be issued against jurors. 561, 567 396 In what manner process shall issue to compel the attendance of witnesses. (See EVIDENCE).

And in all originals, in debt on popular statutes

PROFERT.

516

or summons, was the proper process. ib. By 21 Jac. 1, c. 4, the like process in popular prosecutions shall be had, as in actions of trespass vi et armis, at common law. ib. s. 13 Therefore the process in all such suits must now be by attachment or pone per vadios, &c. and after by distress infinite, where by the return the party appears sufficient, or otherwise by capias. ib. s. 13 The practice on a criminal information is first to award a subpœna, and on no appearance, &c. in four days, a capias of course; but if The court of the constable and marshal, being

the defendant be a corporation aggregate, a distringas.

ib. s. 14

The plea of autrefois acquit being a plea in bar
and the record not in the pleader's custody,
there is no need to plead it with a profert sub
pede sigilli.
Whoever pleads a pardon under the great scal
ought to produce it sub pede sigilli.
PROHIBITION.

551. s. 65

holden before the marshal only, may be prohibited if it exceed its jurisdiction. 16. s. 13

A capias is the first process on all indictments The king's bench usually awards a writ of pro

or appeals of treason, felony, and mayhem.

hibition to an inferior court which exceeds its jurisdiction; and if it proceeds after the service of the writ, will grant an attachment, &c. 217 Peers as well as commoners liable to an attachment for disobeying a writ of prohibition, &c.

220

PROROGATION.