[38] Contra debitam quoadlibet eor. Legeanciam, ought here to be inserted; for if he be not a natural subject, the oath is not to be tendered to him. Immediately after the tender to J. C. J. B. and J. G. though they be termed, sub ditos dci: end: Re.
Any Englishman that understands Latin, may, notwithstanding the abbreviations, indifferently understand this indictment; but a foreigner not understanding English, though a scholar, will be at a loss in many places; yet to complete my work, I thought it convenient not to omit such an authentic piece.
Memorand. That in the writ of Oyer and Terminer, Pacsche 9 Hen. 8. upon the insurrection in London, it was resolved clearly by all the justices of England, that the justices of Oyer and Terminer cannot inquire one day, and the same day determine; no more can the justices of the peace, &c. But the justices of jail delivery, and justices in Eyre, may well do it; El. 8. Keyleway’s Rep. f. 159. b. pl. 2. But they do not call themselves so in the indictment.
If one in his absence be found guilty of an offence, whereby he incurs a premunire, he hath two months time allowed him after he is outlawed, to be heard, 27 Ed. 3 1 cap. Coke upon Littleton, sect. 201. fo. 134. b. saith, That the ancient law was, upon trials for felony, &c. the defendant had fifteen days time, or more, (if he prayed it,) to consider of his answer.
With this agrees Britton, fo’ 10. b.
Fortescue in libro de laudib. legum Angliæ.
Mirror of Justice, cap. 4. sect. 7.
The statute of 28 Edw. 1. 9. provides that inquests shall be of the next neighbours, most sufficient, and least suspicious, upon penalty of double damages.
25 Edw. 3. cap. 3. No indictor be upon the inquests for felony nor trespass, if challenged.
34 Edw. 3. 4. Juries to be of the next people, not to be suspected or procured. With this agrees Regist. fo. 178.