A TREATISE OF THE PLEAS OF THE CROWN; OR, A SYSTEM OF THE PRINCIPAL MATTERS RELATING TO THAT SUBJECT, DIGESTED UNDER PROPER HEADS. BY WILLIAM HAWKINS, SERJEANT AT LAW. The Eighth Edition, in Two Uolumes. VOL. II. OF COURTS OF CRIMINAL JURISDICTION AND THE BY JOHN CURWOOD, ESQ. BARRISTER AT LAW. LONDON: PRINTED FOR S. SWEET, 3, CHANCERY LANE; R. PHENEY, INNER TEMPLE-LANE; a. maxwell, 21, and r. stevens and sons, 39, bell yard, AND J, CUMMING, DUBLIN. ALL courts of criminal jurisdiction are courts of record, ch. 1. sect. 14. And derive their authority from the crown, ch. 1. sect. 1. &c. The PRINCIPAL COURTS of this kind are, 1. The court of the lord high steward, ch. 2. 2. The court of king's bench, ch. 3. 3. The court of the constable and marshal, ch. 4. 4. The court of the justices of oyer and terminer, ch. 5. 5. The court of justices of gaol-delivery, ch. 6. 6. The court of the justices of assize and nisi prius, ch. 7. 8. The court of justices of the peace, ch. 8. 9. The court of sessions, ch. 8. 10. The court of the coroner, ch. 9. 11. The sheriff's tourn, ch. 10. 12. The court-leet, ch. 11. The first thing to be done in order to the bringing of a criminal to justice is to arrest him. ARRESTS are either without process from a court of record, or by virtue of such process. And FIRST, arrests without such process, are either, 1. By private persons, or, 2. By public officers. Arrests of this kind by private persons are either, 1. Such as are commanded and enjoined by law, ch. 12. sect. 1 to 8. 2. Such as are permitted by law, ch. 12. s. 8 to 18. 3. Such as are awarded by law, ch. 12. sect. 22. &c. Arrests of this kind by public officers, are either, 1. By watchmen, ch. 13. sect. 1 to 7. 2. By constables, ch. 13. s. 7 to 12. 4. By justices of peace, which are either, 1. By parol, ch. 13. s. 14. 2. By warrant, ch. 13. s. 15. to the end of the chapter. Persons Persons arrested are either to be, 1. Bailed, ch. 15. 2. Committed, ch. 16. Persons may be criminal, in preventing the bringing of offenders to public justice, several ways. 1. Before any arrest made. 2. After an arrest. Persons may be so guilty before any arrest made. 1. By opposing an arrest, ch. 17. sect. 1. 2. By suffering a criminal to escape, ch. 17. sect. 2. 4. 3. By flying from an arrest, ch. 17. sect. 3. ch. 49. s. 14, 15, 16. Persons may be so guilty after an arrest, either in respect of an arrest of themselves or of others. Their offence in respect of an arrest of themselves, if without force, is called an escape, ch. 17. sect. 5. If with force, it is called a breach of prison, ch. 18. Their offence in respect of the arrest of others, is either, 1. Without force, or, 2. With force. Such offences without force come under the notion of escapes, and are either. 1. By officers (ch. 19) or, 2. By private persons, ch. 20. Such offences with force come under the notion of rescous, ch. 21. SECONDLY, Arrests by process from a court of record may be made by virtue of two kinds of process. 1. Upon such as is awarded by the discretion of the court upon a bare suggestion, or the knowledge of the justices. 2. Upon such as is awarded on an appeal, indictment, or informa tion. Process of the first kind is generally called an attachment, ch. 22. An ATTACHMENT lies either against, 1. The officers of the court, as, 1. Sheriffs and bailiffs, ch. 22. sect. 2 to 6. 2. Attornies, ch. 22. sect. 6 to 12. 3. Other officers of the court, ch. 22. sect. 12. 4. Jurors, ch. 22. sect. 14 to 25. or, 2. Against others, as, 1. Inferior judges, ch. 22. sect. 25 to 30. 2. Counsellors, ch. 22. sect. 30. 3. Gaolers, ch. 22. sect. 31. 4. Any other persons whatsoever, ch. 22. sect. 33. Process on an appeal, indictment, or information, supposes such appeal, indictment, or information, to be first exhibited. An APPEAL is either, 1. By an innocent person, which may either be writ or by bill, ch. 23. 2. By an offender confessing himself guilty, who is commonly called an Approver, ch. 23. Process Process on an indictment or information supposes such indictment or information to be first exhibited. INDICTMENTS (ch. 25.) are of two kinds : 1. Such as are grounded on the common law, ch. 25. s. 55. to 99. 2. Such as are grounded on statute, ch. 25. sect. 99 to 118. INFORMATIONS are of two kinds : 1. Such as are merely the suit of the king, ch. 26. 2. Such as are partly the suit of the king, and partly the suit of party, ch. 26. sect. 17. Process on an indictment or information may be either considered, 1. In general, without any particular regard to process of outlawry, ch. 27. sect. 1 to 113. 2. In particular, with regard to such process only, ch. 27. s. 113. A criminal being brought into court is to be ARRAIGNED, or put upon his trial, the manner whereof may be considered, 1. As it relates to all criminals in general, ch. 28. 2. As it relates to principals and accessaries in particular, c. 29. The party being arraigned, either, 1. Stands mute (ch. 30.) or, 2. Confesses, (ch. 31.) or, In order for a trial by the country a jury must be returned, 1. From the proper county, ch. 40. 2. By proper process, ch. 41. 3. Before a proper court, ch. 42. The |