The history of the poor laws: with observations / By Richard Burn.

  • Richard Burn
Date:
1764
Catalogue details

Licence: Public Domain Mark

Credit: The history of the poor laws: with observations / By Richard Burn. Source: Wellcome Collection.

    265/308 page 257
    eh.8, Ctljci Defers m t(je juft tees’ lata. In. conformity to this, -where an offence is cognizable before the jufiices out of feffions, in & fummary way* and the trial by jury is difpenfed with i it feenis, that the fubjedt ought at leaff to have the fame advantages in other refpeCts, as in a trial by jury : and confequently, there ought to be A charge againft him upon oath *, then he mould be fummoned to appear, and not appre¬ hended immediately (unlefs in cafe of felony, for there the firft procefs was a capias) ; and have all the other advantages allowed to him by the com¬ mon law, where the fame are not exprefsly taken away by feature. But as the method of diftrejs is indeed troublefome and endlefs •, and pro¬ ceeding againft the witneffes, by indictment, or otherwife, for their contempt in not appearing, would be expen five, and certainly ineffectual for hearing and determining that particular caufe; therefore the juft ices, as it feemeth, for the fake of convenience, have altered the courfe of pro¬ ceeding in this refpect, which only the law ought to have done. Indeed, this fame matter of trial by jury, feems to have gone off by degrees, and imperceptibly, in the times of ignorance and an unfettled con- ffitution, without any exprefs authority by any general lav/ to abolifh it. Crimes and mifde- meanors in the feifions are fill determined by jury. And out of feflions, for a long time* no¬ thing elfe feetns to have been thought of. Thus, where in the flatute of 13 H. 4. c. 7. for riots, routs, and unlawful affemblies, it is enadled, that the juflices (out of their general feflions) fhall inquire thereof, and hear and determine according to the Jaw of the lands this was underflood to be S by
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