1000000030

958

ling one with

natllr~l

defeéls , without

~ny

f.rcanic.tI

re· for any crillle, withoul a

IV~rr~nt

in wri ting exprefling

Ilcllions,

thou~h

i, Ill' inhuman, falls uneb this d& rip. Ihe caufe, .nd proceeding upon a fubfc ribed infornmion,

tion, as thefe imply no re. l rl'proach in the jull opinion unlefs in lhe cafe of indignilies done lOjudges, riot"

of mdnkind. Where the injurious exprellions

h~Ye

a ano lhe other ofF<nces fpecially mentioned in

1701,

lenocncy tO bl.cken one's moral

char~éler,

or fix fome Every prifoner comOlitted in order lOlrial, if the crime

particular guilt upon him, and are ddlberatel y repeated of which he is accufed be not capital, is emitid to be

in difl'erent eompanies, or h.nJed about in whifpers tO releafed upon bail, lhe e¡¡tent of ,which is lObe mo·

confioeots, it then grows up to the erime of O.nder : dified by lhe juJge, not exceeding

12000

merks Seot,

and where a perCon's moral charaéler is thus anacked, for a Noblcman,

6000

for a landed gentleman,

2000

the

animu! injuriandi

is commonly in'erred from the for

~oy

other gentleman or burgefs, and

600

for any o–

injurious words thcmfelves, unleCs fpecial circumllances ther inferior perCon. That perfons who, either from

be ofFered tO take off the preCumption ;

IX .

gr.

that the the nature of the crime Wilh which they are charged,

words were utlered in judgmenl in one's oIVn defence, or or from their low circumllances, cannOl procure bail,

by way of

inform~tion

to a magillrate, and h.d fome may nOl lie for

ever

in prifon unlried, 'it is lawful to

foundalion in fati. Though the eOfnizance of Ilander is every fuch prifonel, to apply lO the criminal judge, lhal

proper lO the commiff.,ies, who, as the

judim Chrijli.

his lrial may be brought on. The judge mur!, withiQ

anitatj¡,

are the only judges of fcandal; yet for fome twenty. four hOllrs after fuch application, i/fue letters di–

time pall, bare verbal injuries have beeo tried by other retled to mcffengm, fo r

intimati~g

to the profecutor to

crimio:tl judges, and even by the Sellion. It is punilhed fix a diet for the priCooer's trial, " ithin fixty days after

eithcr by a fine, proponioned to the condition of the the intimation, under the p.inof wronguus impriConment:

perfons iojuriog aad injured, and the circumllances And if the profecutor does not inGfl within Ihat time,

of time and vlace; or if the injury impon fcandal, or if the trial is not

finilh~d

in fony days more, wheQ

by publicly acknowledging the offence; and frequeotly carried onbefore the Julliciary, or iothirty, wheo before

the twO are conjoined, The calling oae a banklupt is any other judge; the priCooer is, upon a fecond applica–

not, ia Ilritl fpeech, a verbal injury, as it does not affetl tion, Cening fonh that the.Jegal time is elapfed, eatitled

·the perCon's moral charatlcr; yet as it mayhun his credit to his freedom, under the fame penalty.

in the way of bufinefs, it found s him in an atlion of da- 43. Upon one's commining

~ny

of tbe grorrer crime"

mages, which mull bebrought before the judge.ordinary. it is ufual for a jullice of the peace, lheriff, or other

A real iojury is inflitled by any fati by which a perfon's judge, to take a precognition of the fatls,

to exa–

boaour or dignity is affeéled; as llrikiog one witb a cane, mine thofe who were preCent at the criminal atl, upoo the

or even aiming a blowwithoUl Ilrikiog; fpining in Gne's fpecial circumllanccs anending it, in order to know whe–

face: alfulDing a coat of arms, or aay otber mark of dif· ther thereis ground for a trial, and to ferve as a direélion·

¡intlien proper to another,

oc.

The compofing and tothe profecutor, ho\V tofet fonh the fatls in thelibol ; bUI

publilhing defamatory libels

m~y

be reckoned of this kind. ¡he perCons examined may infin to

h~ve

their declarationl

Real injuries are tried by the judge.ordioary, and punilh· cancelled, before they give tellimony at the trial. Ju–

ed, either by fine or iOlpriCoament, accordiog to the de· Hices of the peace, lherifFs, and magiílrates of boroughs,

meril of the offenders.

ale alfo authoriCed tO receive informations, conceroing

40. Arter having lhortly explained the feveral crimes crimes to be tried in the circuit·courts : \Vhich iofor–

'punilhable by our law, this trcatife may be concluded, mations are to be tranfmitted to the jullice clerk fony

",ith a feIV obfervations on

crimin~1

jurifditlion, the forms day' before the fining o( the refpetlive coum.

1'0

Jif–

of trial, and the nlethods by which crimes may be extio· courage groundlefs criminal trials, all proCecutors, \Vhere

lluilhed. Criminal jurifdi8ion is founded,

Ratione

the defender was abfoll'ed, were condemned by Ilatute, .

ó~micilii,

if the defcnder dwells within the tcrritory of in coils, as they lhould be modified by the judge, and

the judge. Vag.bonds, who have no cercain domicile, beGdcs were fubjetled toa Cmall fineto bedivided between

may be tried where·ever they are apprehendcd.

Ra ·

the filk and the defender: And

~'here

the Kiog's ad,'o,

tion, drlifli,

if the crime was commined wilhin the ter· cate was the only purfuer. his informer lVas made Jiable,

ritory, Treafon is triable, by thc Englilh law, io any This fufficicntly warrants the pr&nt pratlice of coo·

county that theKing nlould appoint; and by a temporary demning

vexariou~

prorecutors inapccuniary multl, though

~/t

now expired, maConcommitted in cercainScOts coun· far exceeding the Ilatutory fum o

tics, was made triable by the cour! of ]ufiiciary, where·

44. The forms of lalV uponcriminal accurarions, dif·

evtr it Ihould fil.

fer much (rom thofe obfcrved in civil atlions , ir we ex·

41.

No criminal trial can proceeo, unlefs the perfon cept the caCe of fuch crimes as the cnlln of Sellion is

2ccufed.is

capable of making his d,Jence. AbCenes there- competent to, and of leffer offenccs tried before ioferior

fore cannol be tri'cd; nor fatuous nor furious perCons, coum. The trill of crimes

pr'oeeed~,

either upon io·

durante

/t".",

even fo r crimcs commitltd, while they diclmcot. which is fometimes ufed, when the perfon

\Vere io thei, fenCcs. For a like reafon, minors \Vho had be tried is in prifn,,; or by crinallettm ifluing frOIn the

no curators could nOl, by the Roman law, bc tried cri· fignet of the Juil,ciary. In either cafe. the defendc:r

minally: but ou r pra8 ice confiders

every

perfon " ho is murt be Cerved IV!lh a full cOp of the

inJ;llm~nt

or Irt·

e'pablcof dole, tObe alfofufliciently qualified for making ters, . nd " ilh

lill of the witnelTes tObe brought agai,,¡¡

bis defence in a criminal tria l.

hilll, ano of Ihe pelfons \Vho are

pafs on the

inqu~n ,

'll ,

No perCoocao

imprifoned in order to nand trial and fifteen free days mufi intcmnc, betwecn his bc:ing