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directly ; if Prosecutors appear, they have Withe Presi

ness to attest and declare the Matter against the partage Prisoner. The Sheriff hath impanelld in ReaI Strass diness an Inquest of twelve Men call'd the Petty

Jury; these are placed near the Prisoner to hear lo

and attend the Charge, the Pleadings of the

Lawyers on both sides, and the Defence which for the Prisoner can make: They also ask what

Questions they please of the Witness; and when
all the Witnesses are examined, and the Plead-

ings are all over, one of the Judges briefly recabe Futur pitulates all that has pass’d, putting the Jury in

mind of what has been alledg’d and defended on
either Side, and informing them what Points are
according to Law, and what not: After which
the Jury are bid to retire by themselves, an
Officer being charged with them to see that they
have neither Meat, Drink, Fire, nor Candle, that
they may sooner conclude their Opinions, which

must be all unanimous. When they are agreed, 7 be they come back into Court, and desiring their

Foreman (i.e. the first upon the List) may speak
for them, he declares, in few Words, the Opi-
nion of all the Jury, they being all of one Mind,
or else to be remanded back to their Confine-
ment till they can agree. Their Verdiet in cri-
minal Causes is guilty, or not guilty ; and in civil
Aftions the Form is finding the Bill for the Plain-
tiff or Defendant.

When a Person is indicted and found guilty The Manner
of a Capital Crime, the Judge proceedeth to give of pronouncing
Sentence according to this Form, viz. Thou
N. M. hast been indifted of such a Felony, &c.
and therefore arraign’d; thou hast pleaded not
guilty, and put thyself upon God and thy Country;
they have found thee guilty ; thou hast nothing
to say for thyself; the Law is, Thou shalt return
to the place from whence thou camest ; from thence



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thou shalt be carried to the Place of Execution, there thou shalt be banged by the Neck till thou be dead.

Then he faith to the Sheriff, Sheriff do Execution. of Capital All Crimes in England that are Capital, oi Crimes. touch the Life of a Man, are of three Kinds, High-Treason. viz. (1.) High-Treason, which comprehends all

Attempts against the Security, 'Safety, and Peace of the King, or any of the Royal Family ; as also against the Government and Constitution ; alfo

Clipping, or coining falfe Money, counterfeiting Petty Treason. the King's Privy-Seal, &c. (2.) Petty Treason;

this is when a Man kills his Master, a Wife her

Husband, a Secular his Prelate, to whom be Felony,

owes Faith and Obedience. (3.) Felony; this comprehends Murder, Larceny or Theft, Sodonty,

Buggery, Rapes, Firing Houfes, &c. The Punish

The Punishment of High-Treason is by Law ment of thus appointed: The Traitor shall be drawn on Traitors.

a Sledge to the Gallows, there hang'd by the Neck, presently cut down alive, his Bowels instantly taken out of his Belly, and burnt before his Face; then his Head shall be cut off, bis Body divided into four Parts, and the whok hung up or impal'd where the King shall command. Besides all this his Lands and Goods are forfeited, his Wife loseth her Dowry, and his Children their Nobility and all Right of Inheri

tance from him or any other Ancestor. For Petty

For Petty-Treason the Punishment is to be Triafor. drawn on a Sledge and banged, for a Mar; be

for a Woman, to be drawn and burnt alive, the it be ufual to strangle them first at the Sake All Felonies are punished with Hanging only, as before faid. But the King has the Prerogative of Thewing Mercy to Felons in reprieving them from Death, either for Pardon, Transportation, &c.

If a Peer of the Realm commit High-Treason, Bebeading før

a Peer, Petty-Treason, or Felony, although his Judgment be the same with that of cominon Persons, yet the King doth usually extend so much Favour to such, as to cause them only to be beheaded with an Ax on a Block lying on the Ground, and not, as in other Countries, by a Sword, kneeling or standing

If a Criminal indicted of any capital Crime The Punishrefusech to plead, or put himself upon a legal ment of a Trial, then, as mute and contumacious, he is pre

mute Perfon. fently to suffer the horrid Punishment calld Peine Peine forte & forte & dure, or Pressing to Death, by extending dure. him on his Back, naked on a Floor, and laying on his Body Iron or Stone, as much or more than he can bear. The next Day he is to have three Morsels of Barley Bread without Drink; and the third Day he is to have Water next the Prison Door (except Running Water) without Bread; and this shall be his Diet till he die. But the English, naturally abhorring Cruelty, generally charge the Criminal with so much Weight at once, as causes him to expire presently.

Thus much for the Laws of England, which are undoubtedly the best in the World for the Mercy and Equity, as well as the Justice of them; one thing only is to be wilh'd, that the Benefit of them might be had with less Difficulty, and that the Marks of a corrupt Commonwealib were less viGble in their B. and Multiplicity.

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ERALDRY is the Art of Bla- HERALDRY
zoning or displaying Coats of defined.
Arms in proper Colours and Me-
tals; and is therefore also call'd
Armory; and Persons well skill'd

therein, Heralds or Armorists. This Art consists of two great Parts, viz. Blazon, and Marshalling.

BLAZON is the Explication of Coat-Ar- Blazon. mour in such apt and significant Ternis, that the Virtues and Merits of the first Bearers may thereby be known; and this is done by expressing what the Colours, Figures, Postures, Positions, &c. of Things born in the Coat- Armour do import ; for they are all of them Symbolical Representations or Ensigns of the Virtues and Qualities of the Persons to whom they were granted.

MARSHALLING is the orderly Dispo- Marshalling. sition of several Coats, belonging originally to divers Families, within one Shield or Escutcheon, cogether with all the Armorial Ensigns, Ornaments, and Decorations belonging thereto, in their proper

Places without the Escutcheon. THE SHIELD or ESCUTCHEON, The Shield or call by the Antients Scutum, is the principal Efcutcheon. Thing whereon Figures, as Emblems, are now painted by all Nations. As to its Shape and Position, there being no established Rule concerning them, they are never mentioned in Blazoning.


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