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CHAP. III. Of the sundry kindes of obiecting Crimes by a partie mentioned in the Ciuill lawe: as by reason of a mans publique charge and fun∣ction: also by way of Exception, Supplication, Cōplaint, De∣lation, and Accusation. The true signification of the worde Ac∣cusatio, his diuers acceptions, definition, and exposition thereof, with some reason of the frequencie of Accusatio in Courtes of the Ciuill lawes, in former times is also declared.
THe same, and none other maner is likewise pra∣ctised to bring offences into question by the lawes both Ciuill and Ecclesiasticall, in such Courtes, as either of those Lawes haue place and vse: That is to say, either by a partie, or els by the Office of the Iudge.
Crimes in such Courtes may be brought into question be∣fore a Iudge, vpon a parties prosecution (whereof we are first to speake) two maner of wayes. The one Commendablie, the o∣ther not so commendablie. Commendablie in two sortes, either by reason of some office and charge, or by reason of a mans owne necessary interest. By reason of a mans Office and due∣tie, as when Triumuiri regij, Procuratores Fisci, Aduocati regij (as French writers call them) or (as we speake and practise here in England) when the Queenes Atturney generall (who by due∣tie is bound thereunto) preferreth inditement or information a∣gainst some suspected criminous person, or wrong doer. This hath verie neere affinitie with that Denunciation or Presentment (called Iudiciall) which is to be spoken of hereafter. And albeit there be a kinde of partie; yet it is of the nature of proceeding of Office, which I also touched in the Chapter next precedent.
The Commendable prosecution by a partie against an Offence, in respect of a mans owne priuate interest; is either by way of Exception and chalenge, done in his owne necessarie defence, and to auoide punishment; or per viam querelae, by way of Com∣plaint for attayning his right.
Exception is sometimes taken against witnesses that be brought against vs, to this intent onely; that by obiecting and proouing them to be lewde or affectionate persons, there may no credite