ERRATA ET ADDENDA. Page 58, line 37, instead of “a Rich. 3. c. 9." read “ 2 Rich. 3. pl. 9.” 69, laft line of the note after "Strange 40" dele the remainder of the note, 71, fect. 7, in margin, instead of “S. P. 49." read "S. P. C. 49." 94, fect. 19 in margin, instead of " Keilwood," read "Keilway.” 102, note (3) after “ argument," read ❝ vide the case determined, index tit, CONSTABLE and Term Rep. 679." 142, fect. 9, line 3, inftead of "goods," read “gaols" 152, line 6, inftead of " is replevisable,” read “ is not replewisable" 157, line 11 & 12, instead of “principles,” read “ principals" 188, Sec. 22. line 19, after "groundless," read "wide 14 Geo, 3. e, 20, page 628,❤ 203, fect. 17, inftead of “ first point," read “ firft particular” 235, fect. 15, line 3, infead of " the former of," read “ the latter of”. 246, feet. 44, line 26, instead of “lords," read " lord" 262, fect. 87, line 15. instead of “aissiessary," read “accessary" 263, line 33, inftead of “and if,” read "as iƒ” 278, line 18, inftead of “ 7 Hen. 4. c. 27.” read “ 7 Hen, 4. pl. 37." 299, in margin dele, “ wide the case of, &c. &c.” 324, line 30, inftead of, “ alleged," read " alledged". 362, note 24, line 5, dele the parentbefis 382, fect, 27, line so, instead of “wife of, read “wife out of”. 393, after sect. 68, read " thirdly" 413 line 38, place the parenthefis after “ officer Joo 424, fect. 90, line 3, dele "which" 432, feet, 120, line 2, inftead of " by," read “ be” 432, fe&t. 121, line 2, instead of " by the which," read u by which" 480, line 28, instead of “ an order," read " in order" 559, fect. 54, line 5, inftead of “ proceed," read “ proceeding". 680, line 4. read “should produce their indenture”, 658, line 8, dele, "and in the king's beneb", A TREATISE OF THE PLEAS OF THE CROWN. BOOK THE SECOND. CHAPTER THE FIRST. OF COURTS OF CRIMINAL JURISDIC- AVING in the first book endeavoured to fhew the na H ture of criminal offences, I am now to fhew, in what And in order hereto I fhall confider, Firft, The nature of the courts which have jurisdiction over fuch offences. Secondly, In what manner the offenders are to be proceeded against by fuch courts. And fift, for the better understanding of the nature of fuch courts, I fhall premise fome confiderations concerning them in general, and then confider the nature of the principal of them in particular. As to the nature of fuch courts in general, I fhall confider, First, What is requifite to the conftitution of their authority. Secondly, What is incidental to all fuch courts in general. Sec. 1. As to the first point, I fhall take it for granted, That S. P. C. 54. 55. the king, being the fupreme magiftrate of the kingdom, and I Roll. Ab. 361, intruffed with the whole executive power of the law, no court whatsoever can have any fuch jurifdiction, unless it fome way or other derive it from the crown. 71. Sect. 2. Yet it feems, that the king himself cannot fit in Dalt. e. 1. judgment upon any indictment, because he is one of the parties S. P. C. 54. 4 Inft. to the fuit; and therefore where it is faid in fome of our an2 R. 3. II. cient hiftories, that our kings have fometimes fate in perfon Speed 521. 524 with the juftices at the arraignment of great offenders, proba- 1 bly it ought not to be intended that they came as judges, but as fpectators only, for the greater folemnity of the proceeding. VOL. II. B R. Ab. 535 12 Co. 64. Dyer 187. |