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stanter.

Held felony. In the case of Rex v. Wyer, 2 T. R. 77. the court of K. B. were

of opinion that the prisoner might be prosecuted as for a felony for an offence under this section of the act; and they refused to

bail him. Aliter 39 & 40 But the legislature seems to bave considered it only as a misdeG. 3. c. 87.

meanor; for by the statute 39 & 40 G. 3. c. 87. § 22. (after reSuch receivers citing that by the last-mentioned act, 2 G. 3. c. 28. persons guilty shall plead in- of certain offences are punishable by transportation for 14 years,

but the said offences not being by the said act declared to be felony, the trial thereof may in all cases be put off, by means of a traverse, to the next sessions, after the finding of the bill of indictment for the same, and the offender be in the mean time liberated, on being admitted to bail,) it is enacted, that in such cases the person so indicted shall plead to the same indictment without having time to traverse the same, as is usual in cases of mis

demeanors. Principal a It is now agreed that the principal, though not convicted or witness.

pardoned, may be examined as a witness against the receiver. In
Patram's case, and in Haslam's case, which were prosecutions
for the misdemeanor on stat. 22 G. 3. c. 58., the principal felons,
though not convicted, were admitted as witnesses on the part of
the crown. The same was done in Jonathan Wild's case, on a
prosecution on stat. 4 G. 1. c. 11. for taking a reward to help to
stolen goods. 2 East's P. C. 782, 783. Patram's case, Bridge-
water Sum. Ass. cor. Grose J. 1787. Haslam's case, O. B. 1786,
2 Leach, 418.
Indictment against an Accessary before the Fact, taken from

Coke's Report of Lord Sanchar's Case, 9 Co. 116., on which
Robert Creighton, Esquire (Lord Sanchar, of Scotland) was

convicted and hanged; viz.
Middlesex. THE jurors present, for the lord the king upon

their oath, That whereas Robert Carliel late of London, yeoman, and James Irweng late of London, yeoman, not having God before their eyes, but being seduced by the instigation of the devil, on the eleventh day of May in the 10th year of the reign of our lord James, by the grace of God of England, France, and Ireland king, defender of the faith, and so forth, and of Scotland, the forty-fifih, at London, that is to say, in the parish of St. Dunstan in the West, in the ward of Farringdon without London aforesaid, &c. with force and arms, &c. feloniously, and of their aforethoughi malice, in and upon

one John Turner, then and there in the peace of God, and of the said lord the king being, made an assault and affray; and the aforesaid Robert Carliel with a certain gun (tormentum] called a pistol, of the value of 5s. then and there charged with gunpowder, and one leaden bullet, which gun the said Robert Carliel in his right hand then and there had and held, in and upon the aforesaid John Turner, then and there feloniously, voluntarily, and of his malice forethought, did shoot off and discharge ; and the aforesaid Robert Carliel, with the leaden bullet aforesaid, from the gun aforesaid then and there sent out, the aforesaid John Turner, in and upon the left part of the breast of him the said John Turner, then and there feloniously struck, giving to the said John Turner, then and there with the leaden bullet as aforesaid, near the left pap of him the said John Turner, one mortal wound of the breadth of half an inch, and depth of five inches, of which mortal wound the aforesaid John Turner at London aforesaid, in the parish and ward aforesaid, instantly died; And that James Irweng feloniously and of his forethought' malice then and there was present, aiding, assisting, abetting, comforting, and maintaining the aforesaid Robert Carliel to do and commit the felony and murder aforesaid, in form aforesaid, and so the aforesaid Robert Carliel and James Irweng the aforesaid John Turner, at London aforesaid, in the parish and ward a foresaid, in manner and form aforesaid, feloniously, voluntarily, and of their forethought malice killed and murdered, against the peace of the lord the now king, his crown and dignity; And that one Robert Creighton, late of the parish of St. Margaret in the county of Westminster, esquire, not having Gud before his eyes, but being seduced by the instigation of the devil, before the felony and murder aforesaid, by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed, that is to say, on the tenth day of May in the 10th year of the reign of our lord James, by the grace of God, of England, France, and Ireland king, defender of the faith, and of Scotland, the forty-fifth, the aforesaid Robert Carlieh at the aforesaid parish of St. Margaret in Westminster aforesaid, in the county of Middlesex aforesaid, to do and commit the felony and murder aforesaid, in manner and form aforesaid, maliciously, feloniously, voluntarily, and of his forethought malice did stir up, move, abet, counsel, and procure, against the peace of the said lord the king that now is, his crown and dignity, &c.

If after the Fact, then the form may be thus: And that A. O. late of in the county of yeoman, well knowing the said (offender) to have done and committed the said felony in manner and form aforesaid, afterwards, to wit, on the

day of in the year of the reign of - at

aforesaid in the county aforesaid, with force and arms, him the said did then and there feloniously, and of his malice forethought, receive, aid, and comfort ; against the peace of the said lord the king that now is, his crown and dignity.

Indictment against an Accessary for receiving Goods, knowing

them to have been stolen, in one County, the Principal

having been indicted and convicted in another. Middlesex. THE jurors for our lord the king upon their oath present

that at the delivery of the gaol of our lord the king of his county of Dorset, holden at Dorchester in and for the said county of Dorset, on the day of in the

· year of the reign of our sovereign lord George the fourth, king of Great Britain, before sir Charles Abbott knight, lord chief justice of our lord the king assigned to hold pleas in the court of our lord the king, before the king himself, and sir John Bayley knight, one other of the justices of our said lord the king, assigned to hold pleas in the court of our said lord the king, before the king himself, then justices of our said lord the king, assigned to deliver the said

gaol of the prisoners therein being; X. Y. late of the parish of in the said county of Dorset, labourer, was convicted in due form of law, for that the said X. Y. on the day of in the said year of the reign of our said lord the king, with force and arms, at the parish aforesaid, in the county aforesaid, ten yards of broad cloth of the value of thirty shillings, of the goods and chattels of one M. N. then and there being found, feloniously did steal, take and carry away, against the peace of our said lord the king, his crown and dignity, as by the record thereof remaining filed in the said court of gaol delivery may more fully and at large appear. And the jurors aforesaid upon their oath aforesaid do further present that A. 0. late of the parish of in the county of Middlesex, labourer, afterwards, to wit, on the said day of - in the year aforesaid, with force and arms, at the said parish of in the county of Middlesex aforesaid, the goods and chattels aforesaid, so as aforesaid feloniously stolen, taken and carried away, feloniously did receive and have (he the said A. O. then and there well knowing the aforesaid goods and chattels to have been feloniously stolen, taken and carried away) against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity.

Information against an Accessary before the Fact. Staffordshire, ! THE information and complaint of A. B. of the

} to wit.

the said county, gentleman, taken upon oath before me J. P. esq., one of his majesty's justices of the peace in and for the said county, this day of in the year of our Lord one thousand eight hundred and Who saith that on - the

day of - last, his dwelling-house, situate in the parish of

in the said county, was, about the hour of in the night of the same day, broken and entered by some person or persons (or, as the case may be), and that [describe the property stolen] the property of kim the said A. B. [or, of C. D. as the case may be) was [or, were] then and there feloniously stolen, and that he hath just cause to suspect, and doth suspect that E. F. late of - aforesaid, labourer, did commit the said felony (or, as the case may be), and that G. H. late of

aforesaid, labourer, did counsel, hire, procure, or command the said E. F. to commit the said felony (or, as the case may be]. And thereupon he the said A. B. prayeth that justice may be done in the premises. Sworn before me,

A. B.
J. P.

Warrant to apprehend thereupon. To the constable of the parish of in the county of

Stafford, and to all other constables and peace officers within the said county.

B. of the parisk of

in to wit.

the said county of Stafford, gentleman, hath this day made oath before me J. P. e8q., one of his majesty's justices

Staffordshire, } W

of the peace in and for the said county, that his dwelling-house, situate in the parish of - in the said county, was, about the hour of

in the night of the same day, broken and entered by some person or persons (or, as the case may be), and that [describe the property stolen] the property of him the said A. B. [or, of C. D. as the case may be) was [or, were] then and there feloniously stolen, and that he hath just cause to suspect and doth suspect, that E. F. late of

aforesaid, labourer, did commit the said felony (or, as the case may be), and that G. H. late of

aforesaid, labourer, did counsel, hire, procure, or command the said E. F. to commit the said felony [or, as the case may be). These are therefore, in his majesty's name, to charge and command you forthwith to apprehend and bring before me the said E. F. and G. H. to answer the said complaint, and to be further dealt with according to law. Given under my hand and seal, this day of one thousand eight hundred and

J. P. (L. S.)

Commitment thereupon. To the keeper of his Majesty's gaol at Stafford, for the county of

Stafford, or his deputy.

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to wit.

and G. H. herewith sent you, brought before me J. P. esq., one of his majesty's justices of the peace in and for the said county, by A. C. constable of the parish of in the said county, the said E. F. being charged upon the oath of A. B. with having on the day of

last, feloniously and burglariously broken and entered his dwelling-house, situate in the parish of in the said county, [or, as the case may be), and feloniously stolen, taken, and carried away [describe the property stolen) the property of the said A. B. Cor, C. D. as the case may be], and the said G. H. being also charged upon the oath of the said A. B. with having counselled, hired, procured or commanded the said E. F. to commit the said felony and burglary (or, as the case may be), and them safely keep in your custody until they shall be discharged by due course of law. Given under my hand and seal at - in the said county, this day of sand eight hundred and

J.P. (L.S.) To prosecute at the next assizes [or, sessions,

as the case may require].

addition. See Indictment.
Adultery.

See Lewdness.

one thou

6. 15.

Admiralty Court.
A sketch of the jurisdiction of this court in criminal matters

may be useful to point out the limits of the common law
powers herein.
[See Stats. 15 R. 2. c. 3. 28 H. 8. c. 15. 35 H. 8. c. 2. 11 & 12

W.3. c. 7. 2 & 3 A. c. 20. 4 G. 1. c. 11. 6 G. 1. c. 19. 8 G.l.
c. 24. 2 G. 2. c. 28. 18 G. 2. c. 30. 32 G. 2. c. 25. 39 G. 3.
6. 37. Repealed by 6 G. 4. c. 105._7 & 8 G. 4. c. 28. c. 29.

c. 30. 9 G. 4. c.31. 7 G. 4. c. 64.] Jurisdiction. THE court of Admiralty hath jurisdiction of all things done

super altum mare out of any county (4 Inst. 134. Stat. 5 El. c. 5. § 30.), viz. on the main sea, or the coasts of the sea, out of any county, cinque port, haven, or pier. Stat. 27 El. c. 11.

4 Inst. 137. Common law

It appears that at common law, the K. B. bad usually cognizance jurisdiction

of felonies and treasons done on the narrow seas or coasts, though over offences out of the bodies of counties: and that they were presented and committed at tried by juries of the adjacent counties. 1 Hale's P. C. 154. 2 id. sea before

12. The general commissions of oyer and terminer of felonies stat. 28 H. 8.

infra comitatum did not extend to such offences, 1 Hale's P. C. 154. 2 id. 15., and special commissions to hear and determine them on the coasts “ secundum legem et consuetudinem regni Angliæ,” were often issued, naming the admiral and his lieutenant commissioners, ibid. In 35 Ed. 3. A. D. 1360–61., this common law jurisdiction was interrupted by a special order of the King and Council, and no exercise of it bad occurred in Lord Hale's time since 38 Ed. 3. 2 Hale’s P. C. 15. citing claus. 35 Ed. 3. M. 28. dorso. From that period to stat. 28 H. 8. c. 15., offences committed on the high seas or on the coasts out of the body or extent of any English county, were usually tried by the admiral or his deputy (now styled judge of the admiralty), according to the course of civil law, and without a jury. No conviction or sentence of death could therefore take place except on the evidence of two witnesses or the confession of the offender. 4 Bla. Com. 268.

Preamble to 28 H. 8. c. 15. Admiralty ju

It is perfectly agreed that the admiral never had jurisdiction in risdiction any creek, river, or port within the body of a county : See prewithin a county amble to Stat. 15 R. 2. c. 3. and authorities collected, 1 Stark. C. P. considered.

16. n. (a), till authorized by stat. 15 Ric. 2. c. 3. to inquire of “ deaths and mayhems done in great ships hovering in the main streams of great rivers below the bridges of the same rivers, nigh to the sea.” This peculiar jurisdiction of the admiral is concurrent with that of the K. B. and of general commissions of oyer and terminer infra comitatum, 2 Hale, 16. 54., and does not exclude the common law. 1 East's P. C. 368.

In a late case at the admiralty session, of a murder committed

Or, “ below the points or reaches of the same rivers, nearest to the sea." Pulton's Stat. 1618. Cay's Abridgt. cited Tomlins's Edit. of the Statutes at Large, 15 R. 2. c. 3. note (12.). 4 Inst. 137. but all the other authorities read

bridges."

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