A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ...

THE Iustices OPINION, Concerning the Commissi∣ons by which the JU∣STICES sit at Newgate, viz Goal-delivery, & Oy∣er and Ter∣miner. MDCXXXIII.

* 1.1THe Justices of Goale-Deli∣very there, may try all Pri∣soners in the Goale or by baile, or such as being Indi∣cted wil render themselves, generally for all Felonies, and also for such other offences as are particularly assigned to them by Statute.

The Statute of 4 Edw. 3. cap. 2. doth give them power to receive In∣dictments against prisoners, and such as are upon bayle, and to proceed to try the same (viz.) Indictments taken before the Justices of the peace, and by equity thereof all Indictments be∣fore * 1.2 Coroners, 3 Mar. Bro. Commissi∣on 29. saith, that the Commission is, Ad deliber and. Gaolas de Prison. in eisdem existen. but they cannot take indict∣ments as Justices of Goal-Delivery, but being Justices of the Peace they may take Indictments, and then try the same, or else to receive Indictments ta∣ken before Justices of the Peace, but it standeth with reason, that they may take Indictments against Prisoners, but not against them that are at large: For in as much as power to deliver the Goale is given them, consequently they must have means to do so, which is by Indictments: Ideo quaere.

Howsoever it is clear, they may en∣quire of many offences, and take. In∣dictments in such cases where power by any Statute is given to the Justices of Goale-Delivery to make enquiry of.

When an Indictment is taken before Jusc••ces of Goal Delivery, in such cases where they have authority by Law or

St. it there the title of the Indictment is, that apud Go alam deliberat. tent. be∣fore the Commissioners of Goal Deli∣very, I. S. was indicted, and the Re∣cord must be made up so:

And whereas by vertue of the Stat. 4 Ed. 3. Indictments taken before Ju∣stices of the peace, or Coroner, or any other against prisoners, then the En∣try of the Indictment is returned, Me∣morand. quod ad generalem Sessionem tent. Before A. B. Iustic. ad pacem in Com. M d. or London, I. S. was indicted and tryed before Justices of Goal-De∣livery, and by vertue of the said Statute Indictments taken before Justies of the Peace in London or Middlesex, and tryed before Justices of Goal-De∣livery.

The Commission of Oyer and Ter∣miner is, ad inquirend. & determinand. they may enquire of all the offences mentioned in the Commission, allbeit the Offenders be at large: But they cannot try Prisoners upon Indictments taken before any other then them∣selves, as the Justices of Goale-delivery may by the aforesaid Stat. unless there be a speciall Commission made, as it was in the case of the Earle of Leicester mentioned in Plowdens Commenta∣ries: For the ordinary Commission of Oyer and Terminer is, ad inqui∣read. audiend. & de e••minand. therefore

they cannot determine things unless they made enquiry first; and on the o∣ther side also, the Justices of Goale-Delivery may try Indictments taken before Justices of the Peace; yet if one be indicted before Commissioners of Oyer and Terminer, the Justices of Goale-delivery cannot try the same, because the Records of the Com∣mission of Oyer and Terminer, are to be returned into the Kings-Bench: 24 E. 3. 31.

The Commission was, and the Records of the proceeding before the Justices of Goale-Delivery are to be returned to the Custos Rotulorum of the County, when the same persons are Justices of Goale-Delivery, and Oyer and Terminer, they may sit the same day and place, and enquire by the same Jury, but the Entry of the Records must be severall, according as the Indict∣ment is.

At the Assizes in the Countrey the Justices have their severall power, as Justices of Goale-Delivery, Oyer and Terminer, and Justices of the Peace, but when the Records are made up, they must be according to the power they made election to proceed upon, this is the regular and legall course: But the Clerks of Assize promiscu∣ously made Entry thereof: But if a W••••t of Errour be brough, they must certi∣fie

according to Law, or else it were er∣ronious, and so upon a Certiorar.

The Sessions of peace at London may begin at Guildhall, and there adjourn to Newgate, if some Indictments be at Guildhall, then these must be so certi∣fied if otherwise at wewgate, then the Adjournment must be mentioned, and that the Indictment was then taken.

Note that the tryall of Indictments taken before Justices of the peace of London cannot be tryed at Newgate, as in nature of a Tryall before Justices of the peace of London; for many of the Commissioners for Goal-Delivery are not Justices of the peace for London: But in such case the Tryall must be be∣fore the Justices of Goale-Delivery, as upon Indictment taken before Justices of the peace of London, and in like case of Indictment taken before Justices of the peace in Middlesex.

But if Indictments at Newgate be o∣riginally taken before Justices of Goale-Delivery, then it is considerable how the Jury sworn and impannelled to enquire at the Sessions of the peace for London or Middlesex, serve to present Indictments before the Justices of Goale-Delivery at Newgate, unless the custome and usage w••l warrant that the two several Juries sworn at the Sessions of the peace for London or Middlesex, and also by the same oa•••• and impa∣nelling

to serve for the Grand Jury for the Com. of Gaole-delivery, and Oyer and Terminer.

Upon conference with Mr. Keeling, and the Clerks for Newgate, of London and Middlesex, and the clerks of Assi∣zes, and view of their severall Entries, a more mature and certain resolution may be given; this being in hast, and without such consideration as were re∣quisite.

Notes

• * 1.1

  Vide Stan∣ford; anci∣ently Felo∣nys include all trespas∣ses, there∣fore the Iu∣stices of Goale-De∣livery have power to hold plea of trespasses against them in prison or upon baile render themselves.
• * 1.2

  Vide 1 Mar. Di∣er 99. Iu∣stices of as∣sizes held plea of all appeales of Felony or Murder a∣gainst one in prison by their gene rall com∣mission, so by the same reason to take Indi∣ctments.