An explanation of the laws against recusants, &c. abridged by Joseph Keble ...
About this Item
Title
An explanation of the laws against recusants, &c. abridged by Joseph Keble ...
Author
Keble, Joseph, 1632-1710.
Publication
London :: Printed for Samuel Keble ...,
1681.
Rights/Permissions
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Subject terms
Dissenters, Religious -- England.
Church and state -- England.
Cite this Item
"An explanation of the laws against recusants, &c. abridged by Joseph Keble ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47102.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2024.
Pages
descriptionPage 263
3 Car. 1, 2. (3) Of Ouster le Mere.
PAge 258, 259. Or of Oyer and Termi∣ner, 3 Car. 1. Cap. 2.(3) § 3. N. 1. Ju∣stices of Peace cannot take an Indictment upon this Statute, for no inferior Court shall take authority by any Statute, unless it be specially named, Savill 135. pl. 212. Agard and Sandish.
And altho Justices of Peace have in their Commission, § 14. an express Clause ad au∣diendum & terminandum; yet forasmuch as there is a Commission of Oyer and Termi∣ner known distinctly by that name, and the Commission of peace is known distinctly by another Name, they shall not be included under the general words of Justices of Oyer and Terminer, as was adjudged 3 Co. 87. Hill 30 Eliz, B. R. in Smyth's Case, who was Indicter at the Sessions of the Peace in the County of Oxford on 5 Eliz. 14. of For∣ging Deeds, which impowers Justices of Oyer and Terminer to inquire of, hear and
descriptionPage 266
determine that Offence, and yet the In∣dictment before the Justices of Peace was quasht, as taken coram non judice, 9 Co. 118, 3 Inst. 103. and 3 Co. 60. 1. Wilson's Case, and 3 Co. 697. Hunts Case, See Justices.
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