Law, Book 4 · Chapter 25
CHAP. 25.
Of Preſentments, or enditements.
A Preſentment is an enquirie finding ſome offence againſt the King, which is alſo called an Enditement. Therefore it is as it were the Kings …ction, whereupon the partie ſhall bee ar…aigned, or put to anſwer by the King: and tried by another Iurie, which (in caſe … felonie or treaſon) we call the Iurie of … and death.
Euerie ſtrong ſuſpition of ſuch … … fence, though it be in caſe of felonie, … ring of record hath the force of an … ment: as in an action of treſpaſſe of … carried away, if the defendant plead … 31 E. 1 Endite. 31.guiltie, and bee found guiltie as a felon: in 9 E. 4. 10:an appeale of murder, &c. if the Plaintife after declaration be non ſuit. But ſo is not 2 E. 3. 28.the Sherifes returne, as where he returneth vponupon one an eſcape of felonie, &c.
Without which the King can hauehave … 7 E. 3. 324.ſuite vponupon a wrong done, principally to … nother: but done to himſelfe he may.
For (a)12 H. 7. 18. Conſtables and Borſholders are Conſernators of the peace at the Cōmon law.preuenting of certaine of th… offences, that is to ſay, treſpaſſes to the … die and felonies, and committing them … offend to priſon till they may bee endited, and ſo duely puniſhed, as (b)22 E. 4. 35.to arreſt him that maketh an affray and ſend him to the next gaole, or vponupon reaſonable cauſe (as if it be night time, or there be that would reſcous him, &c.) keeping him in the ſtockes till he can ſafely bring him to the gaole: o… to (c)9. E. 4 26.arreſt him till he find ſuretie by obligation: eueryevery hundred hath his Conſtable. And eueryevery ſeuerall tithing within the h… dred hath his Borſholder. The conſe… of peace in an hundred is called a Conſtable, or high Conſtable: In a Tything, a pety Conſtable, Borſholder, Headborough, Thirdborough, Boroughhead, Tything▪man, or chiefe pledge.
Statutes.
1. E. 3. cap. 16. Stat. 1. For the better keeping and maintaining of the peace, the King will that in eueryevery Countie good men lawfull, which be not maintainers of ill, or barrettors in the Countie, ſhall be aſſigned to keepe the peace.
18. E. 3. cap. 2. Stat. 2. Two or three of the beſt in reputation in the Counties ſhall bee aſſigned keepers of the peace by the Kings commiſſion, and at what time need ſhall be, the ſame with other wiſe and learned in the Law ſhall bee aſſigned by the Kings commiſſion, to heare and determine felonies and treſpaſſes done in the ſame Counties.
34. E. 3. cap. 1. In euerie Countie of England ſhall be aſſigned for the ſafe keeping of the peace a Lord, and with him three or foure of the moſt worthy men in the countie, with ſome learned in the Law, and they ſhall hauehave power to diſtreine euill doers, riotors and barrettors, and to purſue, arreſt, take, and chaſtice them according to their treſpaſſe and offence, and to do them to bee impriſoned, and duely puniſhed according to the Law and cuſtomes of the Realme, and according to that to them ſhall ſeeme beſt by their diſcretions and good aduiſements, and alſo to enforme themſelues, and to enquire of all thoſe that hauehave beene pillers and robbers in the parties beyond ſea, and be now come againe, and go wandring and will not labour as they were wont in times paſt. And to take and arreſt all thoſe that they may find by enditement, or by ſuſpition, and to put them in priſon, and to take of all them that bee not of good fame (wherſoeuer they ſhall be found) ſufficient ſuretie and mainpriſe for their good abearing towards the King, and towards his people, and to puniſh the other duely, to the intent that the people be not by ſuch riotors troubled and endamaged, nor the peace blemiſhed, nor Marchants nor other paſſing by the high wayes of the Realme, diſturbed, nor put in feare by the perill which might happen to them by ſuch euill doers. And alſo to heare and determine at the Kings ſuits all manner of felonies and treſpaſſes done in the ſame Countie, according to the lawes and cuſtomes aforeſaid.
13 Ric. 2. cap. 7. They muſt be ſworne to keepe and put in execution all the Statutes and ordinances touching their offices.
2. H. 5. cap. 4. Stat. 1. The Iuſtices of peace muſt make their Seſſions foure times by the yeare, that is to ſay, in the firſt weeke after the feaſt of Saint Michael, in the firſt weeke after the Epiphanie, In the firſt weeke after the clauſe of Eaſter, and in the firſt weeke after the tranſlation of S. Thomas the Martyr, (which is the 7. Iulij) and more often if need be. And that the ſame Iuſtices hold their Seſſiions throughout the whole Realme of England in the ſame weeks, eueryevery yeare from hencefotth.
2. H. 8. ca. 5. Iuſtices of peace from hencefoorth to be made in the Counties of England, ſhall be made of the moſt ſufficient perſons dwelling in the ſame Counties, by the aduiſe of the Chancellor, and of the Kings Councell, without taking other perſons dwelling in forreine Countries, to occupie ſuch office, except the Lords and the Iuſtices now named, and to be named by the King and his Councell. And except alſo the Kings high Stewards of the lands and ſeigniories of the Duchie of Lancaſter, in the North and South parts, for the time being.
18. H. 6. cap. 11 None ſhall bee aſſigned Iuſtice of peace if he hauehave not lands to the value of xx. l. by yeare. This extendeth not to Townes corporate, Boroughes, &c. nor to perſons learned in the Law.
1. Mar. cap. 8. No Sherife ſhall exerciſe the office of a Iuſtice of peace by force of commiſſion, or otherwiſe in the ſame county during the time onelyonly that he exerciſeth the office of the Sherifewicke.
Any (a)9. E. 4. 26.man ſuſpecting another of a felonie committed or but (b)9. E. 4. ibid.intended, … where one lyeth in waite to rob the people that paſſe by, and draweth his ſword vponupon one willing him to deliuer his purſe, &c. may arreſt him (c)20 E. 4. 6.ſo as thereupon he commit him to the gaole, as (d)11 E. 44.common voice and fame that he did the fact, or being preſent where a murder was done, and found with a ſword drawne in his hand: or when a robberie was done, and found with ſome part of the goods; are iuſt cauſes of ſuſpition. So if I would arreſt one that hath robbed me, and I. S. ſay I ſhall not, this is good cauſe to ſuſpect I. S. as acceſſarie: and what is ſufficient cauſe of ſuſpition, and what not ſhall be tried by the Iuſtices. But (a)9 E 4 ibid.neither can any man arreſt one for a Treſpaſſe, vnleſſe it be the Conſtable, nor for a felonie, except (b)11 E. 4. ibid.himſelfe ſuſpect the partie (though hee doth it by the commandement of one that doth ſuſpect him) and that the ſame felony bee indeed committed.
As if it bee for robberie, the ſelfe ſame thing muſt be ſtolne: for to ſay, that diuerſe 27 H. 8. 3.beeues were ſtolne, and becauſe he ſuſpected I. S. to hauehave ſtolne ſixe beeues, he did arreſt him, is not good, without alledging expreſly, that thoſe ſix beeues were ſtolne.
With enditements of Treſpaſſe, information vponupon penall Statutes (ſuch as inflict a pecuniarie mulct or other penaltie vponupon offendors) hauehave a neare affinitie. Concerning which informations, theſe Statutes following were made.
Statutes.
4. H. 7. cap. 20. Where a penall Statute giueth whole or part to whoſoeuer will ſue a couenous releaſe or recouerie (except it be by action) tryed vponupon the point of the writ ſhall not preiudice him that will ſue bona fide.
31. Eliz cap. 5. All informations and enditements where the forfeiture is limited to the Queene onelyonly, muſt be brought within two yeares after the offence committed, when it is limited to the Queene, and any other that ſhall ſue within one yeare, or (in default thereof) for the Queene within two yeares, except Statutes of Tillage. All brought after the time ſhall be void: where a ſhorter time is limited in any penall Statute the ſuit muſt be brought within that time.
27. Eliz. cap. 11. Information for the Queene vponupon Statutes of Tillage, ſhall bee brought within v. yeares after the action accurred vntounto her.
31. Eliz cap. 5. Euerie information except champerty buying of extortions and offences againſt
1. Eliz▪ cap. 1. Againſt forreſtallers, &c. muſt be brought into the county where the offence was indeed done But officers of record vſing to purſue informations by vertue of their office may do as before.
31. Eliz. cap. 5. All ſuits for vſing vnlawfull, or not vſing lawfull game, not hauing bowes or arrowes, vſing any art or myſterie wherein hee hath beene brought vp, ſhall be ſued and proſecuted in the general quarter Seſſions of peace, or Aſſiſes of the ſame Countie, or in the Leet within which the offence is committed, and not out of the ſame Countie.
29. Eliz. cap 5. The defendant in an information in the Kings Bench, Common place, or Exchequer, where he is baileable, or by leaue of the Court may appeare by Atturny, may the firſt day appeare by Atturny of that Court without putting in baile.
31. Eliz. cap. 10. This former Statute (29. Eliz cap. 5.) ſhall extend onelyonly to naturall ſubiects and free denizens.
18. Eliz cap. 5. made perpetuall.
27. Eliz. cap. 10. An Informer ſhall not compound or agree with the partie before his anſwer nor after his anſwer, but by the order and conſent of the Court: if he delay his ſuit, or diſcontinue it, or be non ſuit, or if the matter paſſe againſt him by verdict or Iudgement, then he ſhall render to the partie his coſts and damages to bee aſſeſſed by the Court.
In which act alſo many other diſorders in common Informers are redreſſed.
Enditements of the death of a man are 35. H. 6. 27.to be taken before the Coroners. So is it not of any other felonie, for the Statute 4. E. 1. called officium Coronatoris ſetteth downe the office of a Coroner to be ſo by the common Law, and the whole order how he is to proceed in the inquirie.
Statutes.
Artic. ſuper chart. cap. 3. The Coroner of the Shire ſhall ioyne with the Kings Coroner in inquiring of the death of a man with in the Kings houſe.
33. H. 8. cap. 12. The Coroner of the kings houſe ſhall enquire alone without the Coroner of the Shire, by a Iurie of the yeomen officers of the Kings officers.