jurisdiction. To this general rule there are, indeed, two exceptions,-forgery and perjury: why excepted I know not, but, having been expressly so adjudged, I will not break through the rules of law. No other exceptions, however, have been allowed, and, therefore, this falls within the general rule." But although the justices in sessions have thus jurisdiction over almost all offences inferior to treason, it is not the practice for them to try any capital felonies, unless in sessions holden under charters where the power of life and death, according to the familiar expression, is specifically entrusted to the judges. In this forbearance they only act on the caution given in their commission, "that if a case of difficulty shall arise, they shall not proceed to give judgment, except in the presence of some justice of one of the benches, or of assize." This caution does not preclude them from proceeding to judg ment if they think fit so to do; and even in capital cases their judgment would be valid until reversed for real error. (i) In practice, however, scarcely any felony, except simple larceny, or offences partaking of the character of larceny, without its special aggravations, is heard at the sessions; more serious cases being uniformly remitted for trial to the assizes. The civil jurisdiction of the Court of Quarter Sessions includes several matters in which it has original jurisdiction; and many more in which it has appellant jurisdiction over penal convictions, orders of justices, and matters connected with the administration of the poor laws, the vagrant laws, and the highway acts, which, being given by particular statutes, cannot be referred here to any general principle, but will be hereafter discussed in their various branches. § 2. OF THE TIME AND FORMALITY OF OPENING THE COURT, TAKING OATHS, &c. The court should assemble before twelve at noon on the Time of asday for which it is summoned, in order that persons who sembling. desire to take the oaths of supremacy, abjuration, or office, may comply with the statutes which enjoin them. The session is then usually proclaimed by a bailiff in the following terms; (i) 2 Hale, 46. Proclamation. Statutes to be read. Fallen into disuse. Oaths to be taken, and declaration. O yez, O yez, O yez,-The King's justices do strictly charge and command all manner of persons to keep silence, while the King's commission of the peace for this county of is openly read, upon pain of imprisonment. Then the Commission, the King's Proclamation against profaneness, &c. and the several statutes which are directed to be read at the sessions, ought in strictness to be read by the clerks of the peace, and town clerks respectively, in an audible voice. These were principally the following:-5 Eliz. c. 1. against popery; 30 Car. 2. c. 3. as to burying in woollen; I1 and 12 Will. 3. c. 15. as to ale measures; 1 Geo. 1. c. 5. as to riots; and the black act, 9 Geo. 1. c. 22. which have been required to be given in charge at every quarter session; and the 4 and 5 Will. and Mar. c. 24; 7 and 8 Will. 3. c. 32; 3 and 4 Ann. c. 18. and 3 Geo. 2. c. 25. concerning jurors, which are to be read in Midsummer sessions yearly; and 2 Geo. 2. c. 24. for preventing bribery and corruption in the election of members of parliament, which is to be read at every Easter session. Some of these have been repealed, or are to all intents and purposes become obsolete; and a reasonable apology may be made for the general disuse into which the practice of reading others of them is fallen, from the notoriety which is attached to many of them that are still in full force, as well as from the pressure of business, which has of late been greatly augmented, by modern statutes having thrown such a variety of additional burdens on justices, both in and out of sessions; an augmentation fully recognized by the legislature itself in express terms, in the preamble to the statute hereinafter more particularly to be noticed, for enabling every Quarter Session of the Peace to divide itself into two courts.(k) The persons who attend to take the several oaths to be made are next called, and such oaths are administered to them by the clerk of the peace. (1) At this time also the declaration substituted for the sacramental test, by 9 (k) 59 Geo. 3. c. 28. (1) Persons qualifying for offices are directed to take the oaths between the hours of nine in the forenoon and twelve at noon, and not otherwise; 25 Car. 2. c. 2; 1 Geo. 1. c. 13. It has been held a sufficient compliance with the statute, however, if the ceremony of administering the oaths of qualification for offices be commenced previous to the last of the hours of limitation appointed by the statute, and continued till all are sworn. PRELIMIN Geo. 4. c. 17. may be emk? by parties admitted to offe The oaths of allegiance, sama been already given in a former cha to notice two statutes passed in the ink King -1927% 12.20 c. 32. relates to Roman Catholics who labours on ala I, A. B. do serei religion. declare, that I dis profess the Roman Catholic Cathous Outl I, A. B. to meer promise and swer that I want and bear true allegate ʼn us Maer Lng fearg de Turi, aut umm will defend, in the inner om ons gaat dl make ad attempts whate de sus la TAL DE dignity; and I u my save apava i tale er 1 ar known to his per a ser a vesem a muci za traitorous conice u rerne and I do faithly utmost of my om by an Act, entities, and better securing of Hanover, and the stands limited to the utterly renouncing ma other person damn, Tent & LIET realms; and i toga teaựt to and impious patin ta bi any person Em raz their being hera 1 LA impious prinese ta un a infidels; ander wan ta and that I 22 H & ELLE excommumicaA See of Rome murdered by Lee Ke promise that I wanza, other opinion I do declare A and two in C Proclamation. Statutes to be read. Fallen into disuse. Oaths to be taken, and declaration. . O yez, O yez, O yez,-The King's justices do strictly charge and command all manner of persons to keep silence, while the King's commission of the peace for this county of is openly read, upon pain of imprisonment. Then the Commission, the King's Proclamation against profaneness, &c. and the several statutes which are directed to be read at the sessions, ought in strictness to be read by the clerks of the peace, and town clerks respectively, in an audible voice. These were principally the following:-5 Eliz. c. 1. against popery; 30 Car. 2. c. 3. as to burying in woollen; I1 and 12 Will. 3. c. 15. as to ale measures; 1 Geo. 1. c. 5. as to riots; and the black act, 9 Geo. 1. c. 22. which have been required to be given in charge at every quarter session; and the 4 and 5 Will. and Mar. c. 24; 7 and 8 Will. 3. c. 32; 3 and 4 Ann. c. 18. and 3 Geo. 2. c. 25. concerning jurors, which are to be read in Midsummer sessions yearly; and 2 Geo. 2. c. 24. for preventing bribery and corruption in the election of members of parliament, which is to be read at every Easter session. Some of these have been repealed, or are to all intents and purposes become obsolete; and a reasonable apology may be made for the general disuse into which the prac tice of reading others of them is fallen, from the notoriety which is attached to many of them that are still in full force, as well as from the pressure of business, which has of late been greatly augmented, by modern statutes having thrown such a variety of additional burdens on justices, both in and out of sessions; an augmentation fully recognized by the legislature itself in express terms, in the preamble to the statute hereinafter more particularly to be noticed, for enabling every Quarter Session of the Peace to divide itself into two courts.(k) The persons who attend to take the several oaths to be made are next called, and such oaths are administered to them by the clerk of the peace. (1) At this time also the declaration substituted for the sacramental test, by 9 (k) 59 Geo. 3. c. 28. (1) Persons qualifying for offices are directed to take the oaths between the hours of nine in the forenoon and twelve at noon, and not otherwise; 25 Car. 2. c. 2; 1 Geo. 1. c. 13. It has been held a sufficient compliance with the statute, however, if the ceremony of administering the oaths of qualification for offices be commenced previous to the last of the hours of limitation appointed by the statute, and continued till all are sworn. Geo. 4. c. 17. may be conveniently made and substituted by parties admitted to office. The oaths of allegiance, supremacy, &c. themselves have been already given in a former chapter; but it is necessary to notice two statutes passed in the late King's reign, relative to the oaths to be taken by persons dissenting from the established church. The former of these, 31 Geo. 3. c. 32. relates to Roman Catholics who laboured under various disabilities, and were liable to numerous penalties by previous statutes, but were thereby relieved from many of these upon taking the oath therein prescribed. (m) By that statute, it is enacted that "it shall be lawful for persons professing the Roman Catholic religion, personally to appear in the Court of Chancery, King's Bench, Common Pleas, or Exchequer, at Westminster, or in any court of General Quarter Session, of and for, the county, city, or place where such person shall reside, and there in open court, take, make, and subscribe the following declaration and oath," videlicet: I, A. B. do hereby declare, that I do profess the Roman Catholic Catholics' Oath religion. I, A. B. do sincerely promise and swear that I will be faithful, and bear true allegiance to his Majesty King George the Third, and him will defend, to the utmost of my power, against all conspiracies and attempts whatever that shall be made against his person, crown or dignity; and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs and successors, all treasons and traitorous conspiracies which may be formed against him or them ; and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown, which succession by an Act, entitled, 'An Act for the further limitation of the crown, and better securing the rights and liberties of the subject,' is and stands limited to the Princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being protestants; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming, or pretending a right to, the crown of these realms; and I do swear that I do reject and detest as an unchristian and impious position, that it is lawful to murder or destroy any person or persons whatever, for or under the pretence of their being heretics or infidels; and also that unchristian and impious principle, that faith is not to be kept with heretics or infidels; and I further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the Pope and Council, or any authority of the See of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever; and I do promise that I will not hold, maintain, or abet, such opinion, or any other opinions contrary to what is expressed in this declaration; and I do declare that I do not believe, that the Pope of Rome, or any (m) This oath is directed to be taken between nine in the morning and two in the afternoon. |