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Prebity

and conscience impose on us. The man who obeys all step is by giving the party notice to obey it. This no Pisa,

the laws of society with an exact punctuality is not tice is given upon all real præcipes; and also opon all Process. therefore a man of probity ; laws can only respect the personal writs for injuries not against the peace, by

external and definite parts of human conduct, but pro summons; which is a warning to appear in court at the
bity respects our more private actions, and such as it is return of the original writ, given to the defendant by Black
impossible in all cases to define; and it appears to be in two of the sheriff's messengers called summoners, either Comment,
morals what charity is in religion. Probity teaches us in person, or left at his house or land: in like manner
to perform in society those actions which no external as in the civil law the first process is by personal cita-
power can oblige us to perform, and is that quality in tion, in jus vocando. This warning on the land is given,
the human mind from which we claim the performance in real actions, by erecting a white stick or wand on the
of the rights commonly called imperfect. See MORAL defendant's grounds (wbich stick or wand among the
PhiLOSOPHY.

northern nations is called the baculus nunciatorius), and PROBLEM, in Logic, is a proposition that neither by statute 31 Eliz. c. 3. the notice must also be proappears absolutely true nor false; and, consequently, claimed on some Sunday before the door of the parishmay be asserted either in the affirmative or negative.

church. PROBLEM, in Geometry, is a proposition, wherein If the defendant disobeys this verbal monition, the some operation or construction is required; as to divide next process is by writ of aitachment, or pone; so called a line or angle, erect or let fall perpendiculars, &c. from the words of the writ, pone per vadium et salvos See GEOMETRY.

plegios, “put by gage and safe pledges A. B. tbe dePROBOSCIS, in Natural History, is the trunk or fendant,” &c. This is a writ not issuing out of chansnout of an elephant, and some other animals and in cery, but out of the court of common-pleas, being sects.

grounded on the non-appearance of the defendant at Flies, gnats, &c. are furnished with a proboscis or the return of the original writ; and thereby the sheriff trunk ; by means of which they suck the blood of ani is commanded to attach him, by taking gage, that is, mals, the juice of vegetables, &c. for their food. certain of his goods, which he shall forfeit if he doth

PROBUS, MARCUS AURELIUS, was the son of a not appear; or by making him find safe pledges or gardener, and became, by his great valour as a soldier, sureties, which shall be amerced in case of his non-apand his eminent virtues, emperor of Rome, to which pearance. This is also the first and immediate process

, dignity he was raised by the army. Having subdued without any previous summons, upon actions of trespass the barbarous nations who made incursions into different vi et armis, or for other injuries, which though not forparts of tbe empire, where they committed horrid cruel- cible, are yet trespasses against the peace, as deceit and ties, he managed the affairs of government with great conspiracy; where the violence of the wrong requires a wisdom and clemency. He was massacred in the year more speedy remedy, and therefore the original writ 282, and the 7th of his reign, by some soldiers who commands the defendant to be at once attached, withwere weary of the public works at which he made them out any precedent warning. labour.

If, after attachment, the defendant neglects to appear, PROCATARCTIC CAUSE, in Medicine, the pre he not only forfeits this security, but is moreover to be existing, or predisposing cause or occasion of a disease. farther compelled by writ of distringas, or distress inPROCELEUSMATICUS, in the ancient poetry,

finite : which is a subsequent process issuing from the a foot consisting of four short syllables, or two pyrrhy- court of commen-pleas, commanding the sheriff to dichiuses; as hominibus.

strain the defendant from time to time, and continually PROCELLARIA, a genus of birds, belonging to afterwards, by taking his goods and the profits of bis the order of anseres. See ORNITHOLOGY Index. Clu- lands, which are called issues, and which he forfeits to sins makes the procellaria pelagica or stormy petrel the

the king if he doth not appear. But the issues may be Camilla of the sea.

sold, if the court shall so direct, in order to defray the

reasonable costs of the plaintiff. In like manner, by the Vel marc per medium fluctu suspensa tumenti

civil law, if the defendant absconds, so that the citation Ferret iter, celeres nec tinger et æquore plantas. Virg. is of no effect, mittitur adversarius in possessionem boShe swept the seas ; and, as she skimm'd along

norum ejus. Her flying feet unbath'd on billows hung. DRYDEN.

And here, by the common as well as the civil law,

the process ended in case of injuries without force: the These birds are the cypselli of Pliny, which he places defendant if he had any substance, being gradually stripamong the apodes of Aristotle ; not because they want- ped of it all by repeated distresses, till he rendered obeed feet, but were xuxoroda, or had bad or useless ones; dience to the king's writ; and, if he had no substance, an attribute he gives to these species, on a supposition the law held him incapable of making satisfaction, and that they were almost always on the wing.

therefore looked upon all farther process as nugatory. PROCESS, in Law, denotes the proceedings in any And besides, upon feodal principles, the person of a cause, real or personal, civil or criminal, from the origi- feudatory was not liable to be attached for injuries nal writ to the end thereof.

merely civil

, lest thereby his lord should be deprived of In a more limited sense, process denotes that by his personal services. But, in cases of injury accompawhich a man is called first into any temporal court. nied with force, the law, to punish the breach of the

It is the next step for carrying on the suit, after suing peace and prevent its disturbance for the future, provided out the original writ. See Suit and Writ.

also a process against the defendant's person,

in case It is the method taken by the law to compel a com neglected to appear upon the former process of attachpliance with the original writ, of which the primary ment, or had no substance whereby to be attached; sub

he

jecting

as

Process. jecting his body to imprisonment by the writ of capias here also, when the action is brought in one county piosess. - ad respondendum. But this immunity of the defendants and the defendant lives in another, it is usual, for sa

person, in case of peaceable though fraudulent injuries, ving trouble, time, and expence, to make out a tesla-
producing great contempt of the law in indigent wrong.. tum capias at the first ; supposing not only an original,
doers, a capias was also allowed, to arrest the person in but also a former capias, to bave been granted; which
actions of account, though no breach of the peace be

in fact never was. And this fiction, being beneficial
suggested, by the statutes of Marlbridge, 52 Hen. III. to all parties, is readily acquiesced in, and is now be.
c. 23. and Westm. 2. 13. Edw. I. c. 11. in actions of come the settled practice; being one among many in-
debt and detinue, by statute 25 Edw. III. c. 17. and stances to illustrate that maxim of law, that in fictione
in all actions on the case, by statute 19 Hen. VII. c.9. juris consistit æquitas.
Before which last statute a practice had been introduced But where a defendant absconds, and the plaintiff
of commencing the suit by bringing an original writ of would proceed to an outlawry against him, an original
trespass quare clausum fregit, by breaking the plaintiff's writ must then be sued out regularly, and after that a
close, vi'et armis ; which by the old common law sub- capias. And if the sheriff cannot find the defendant
jected the defendant's person to be arrested by writ of upon the first writ of capias, and returns a non est inven-
capias: and then afterwards, by connivance of the court, tus, there issues out an alias writ, and after that a plu-
the plaintiff might proceed to prosecute for any other ries, to the same effect as the former: only after these
less forcible injury. This practice (through custom ra-

words “

we command you," this clause is inserted,
ther than necessity, and for saving some trouble and ex we have formerly," or, as we have often commanded
pence, in suing out a special original adapted to the par- you ;"sicut alias," or, sicut pluries præcipimus."
ticular injury) still continues in almost all cases, except And if a non est inventus is returned upon all of them,
in actions of debt; though now, by virtue of the sta then a writ of exigent or exigi facias may be sued out,
tutes above cited and others, a capias might be had upon which requires the sheriff to cause the defendant to be
almost every species of complaint.

proclaimed, required or exacted, in five county.courts
If therefore the defendant, being summoned or at- successively, to render himself; and if he does, then to
tached, makes default, and neglects to appear ; or if take him, as in a capias : but if he does not appear, and
the sheriff returns a nihil, or that the defendant bath is returned quinto exactus, he shall then be outlawed by
nothing whereby be may be summoned, attached, or the coroners of the county. Also by statute 6 Hien. VIII.
distrained, the capias now usually issues : being a writ c. 4. and 31 Eliz. c. 3. whether the defendant dwells
commanding the sheriff to take the body of the defen within the same or another county than that wherein the
dant, if he

may be found in his bailiwick or county, and exigent is sued out, a writ of proclamation shall isstic
him safely to keep, so that he may have him in court out at the same time with the erigent, commanding the
on the day of the return, to answer to the plaintiff of sheriff of the county, wherein the defendant dwells, to
a plea of debt, or trespass, &c. as the case may be. make three proclamations thereof in places the most
This writ, and all others subsequent to the original notorious, and most likely to come to his knowledge, a
writ, not issuing out of chancery, but from the court month before the outlawry shall take place. Such out-
into which the original was returnable, and being ground. lawry is putting a man out of the protection of the law,
ed on what has passed in that court in consequence of so that he is incapable to bring an action for redress of
the sheriff's return, are called judicial, notoriginal, writs; injuries; and it is also attended with a forfeiture of all
they issue under the privy seal of that court, and not one's goods and chat:els to the king. And therefore,
under the great seal of England; and are tested, not in till some time after the conquest, no man could be out-
the king's name, but in that of the chief justice only. lawed but for felony: but in Bracton's time, and some-
And these several writs being grounded on the sherif's what earlier, process of outlawry was ordained to lie in
return, must respectively bear date the same day on all actions for trespasses vi et armis. And since, by a
which the writ immediately preceding was returnable. variety of statutes (the same which allow the writ of

This is the regular and orderly method of process. capias before mentioned) process of outlawry doth lie in
But it is now usual in practice to sue out the capias in divers actions that are merely civil; providing they be
the first instance, upon a supposed return of the sheriff; commenced by original and not by bill. If after out-
especially if it be suspected that the defendant, upon lawry the defendant appears publicly, he may be arrest-
notice of the action, will abscond; and afterwards a fic. ed by a writ of capias utlagatum, and committed till the
titious original is drawn up, with a proper return there- outlawry be reversed. Which reversal may be had by
upon, in order to give the proceedings a colour of re the defendants appearing personally in court (and in
gularity. When this capias is delivered to the sheriff, the king's bench without any personal appearance, so
be by bis under-sheriff grants a warrant to bis inferior that he appears by attorney, according to statute 4 & 5
officers or bailiffs to execute it on the defendant. And, W. & M. c. 18.); and any plausible cause, bowever
if the sheriff of Oxfordshire (in which county the injury slight, will in general be sufficient to reverse it, it being
is supposed to be committed and the action is laid) can considered only as a process to compel an appearance.
not find the defendant in his jurisdiction, he returns But then the defendant nust pay full costs, and put the
that he is not found, non est inventus, in his bailiwick: plaintiff in the same condition as if he had appeared bc-
whereupon another writ issues, called a testatum capias, fore the writ of exigi facias was awarded.
directed to the sheriff of the county where the defendant Such is the first process in the court of common pleas.
is supposed to reside, as of Berkshire, reciting the form- In the king's bench they may also (and frequently do)
er writ, and that it is testified, testatum est, that the de- proceed in certain causes, particularly in actions of eject-
fendant lurks or wanders in his bailiwick, where he is ment and trespass, by original writ, with attachment and
commanded to take him, as in the former capias. But capias thereon ; returnable, not at Westminster, where

the

3 C 2

Process. the common pleas are now fixed in consequence of mag- plaintiff is alleged to be the king's farmer or debtor, Process

nacharta, but ubicunque fuerimus in Anglia, wheresoever and that the defendant hath done bim the injury com-
the king shall then be in England; the king's bench plained of, quo minus sufficiens existit, by which be is the
being removeable into any part of England at the plea less able to pay the king his rent or debt. And upon
sure and discretion of the crown. But the more usual this the defendant may be arrested as upon a capias
method of proceeding therein is without any original, from the common pleas.
but by a peculiar species of process entitled a bill of Thus differently do the three courts set out at first,
Middlesex ; and therefore so entitled, because the court in the commencement of a suit, in order to entitle the
now sits in that county; for if it sat in Kent, it would two courts of king's bench and exchequer to bold plea
then be a bill of Kent. For though, as the justices of in subjects causes, which by the original constitution of
this court bave, by its fundamental constitution, power Westminster-ball they were not empowered to do. Af-
to determine all offences and trespasses, by the common terwards, when the cause is once drawn into the respec-
law and custom of the realm, it needed no original tive courts, the method of pursuing it is pretty much the
writ from the crown to give it cognizance of any

mis. same in all of them.
demesnor in the county wherein it resides; yet as, by If the sheriff bad found the defendant upon any of
this court's coming into any county, it immediately su the former writs, the capias latitat, &c. he was ancient-
perseded the ordinary administration of justice by the ly obliged to take him into custody, in order to produce
general commissioners of eyre and of cyer and terminer, him in court upon the return, however small and minute
a process of its own became necessary, within the county the cause of action might be. For, not baving obeyed the
where it sat, to bring in such persons as were accused of original summons, he bad shown a contempt of the court,
committing any forcible injury. The bill of Middlesex

and was no longer to be trusted at large. But when (which was formerly always founded on a plaint of the summons fell into disuse, and the capias became in trespass quare clausum fregit, entered on the records of fact the first process, it was thought bard to imprison a the court) is a kind of capias, directed to the sheriff of man for a contempt which was only supposed : and there. that county, and commanding him to take the defendant, fore, in common cases, by the gradual indulgence of the and have bim before our lord the king at Westminster on counts (at length authorised by statute 1 2 Geo. I. c. 29. a day prefixed, to answer to the plaintiff of a plea of which was amended by statute 5 Geo. II. c. 27. and trespass. For this accusation of trespass it is that gives made perpetual by statute 21 Geo. II. c. 3.) the sheriff the court of king's bench jurisdiction in other civil causes, or his officer can now only personally serve the defendsince, when once the defendant is taken into custody of ant with the copy of the writ or process, and with pothe marsbal, or prison-keeper of this court, for the suppo tice in writing to appear by his attorney in court to de sed trespass, he, being then a prisoner of this court, may fend this action ; which in effect reduces it to a mere here be prosecuted for any other species of injury. Yet, summons. And if the defendant think proper to ap in order to found this jurisdiction, it is not necessary that pear upon this notice, his appearance is recorded, and the defendant be actually the marshal's prisoner; for, he puts in sureties for his future attendance and obedias soon as he appears, or puts in bail, to the process, ence; which sureties are called common bail, being he is deemed by so doing to be in such custody of the the same two imaginary persons that were pledges for marshal as will give the court a jurisdiction to proceed. the plaintiff's prosecution, John Doe and Richard Roe. And, upon these accounts, in the bill or process, a Or, if the defendant does not appear upon the return of complaint of trespass is always suggested, whatever else the writ, or within four (or in some cases eight) days may be the real cause of action. This bill of Middle- after, the plaintiff may enter an appearance for bim, as sex must be served on the defendant by the sheriff, if if he bad really appeared ; and may file common bail he finds him in that county: but if he returns, non est in the defendant's name, and proceed thereupon as if the inventus, then there issues out a writ of latitat, to the defendant had done it himself. sheriff of another county, as Berks : which is similar But if the plaintiff will make affidavit, or assert upto the testatum capias in the common pleas, and recites on oath, that the cause of action amounts to ten pounds the bill of Middlesex and the proceedings thereon, and or upwards, then in order to arrest the defendant, and that it is testified that the defendant latitat et discurrit, make bim put in substantial sureties for his appearance, Jurks and wanders about in Berks; and therefore com called special bail, it is required by statute 13 Car. II. mands the sheriff to take him, and have his body in stat. 2. C. 2. that the true cause of action should be excourt on the day of the return. But as in the common pressed in the body of the writ or process; else no sepleas the testatum capias may be sued out upon only a curity can be taken in a greater sum than 40l. This supposed, and not an actual preceding, capias ; so in statute (without any such intention in the makers) bad the king's bench a latitat is usually sued out upon like to have ousted the king's bench of all its jurisdiconly a supposed, and not an actual, bill of Middlesex. tion over civil injuries without force ; for as the bill So that, infact, a latitat may be called the first process of Middlesex was framed only for actions of trespass, a in the court of king's bench, as the testatum capias is in defendant could not be arrested and held to bail therethe common pleas. Yet, as in the conmon pleas, if the upon for breaches of civil contracts. But to remedy defendant lives in the county wherein the action is laid, this inconvenience, the officers of the king's bench dea common capias suffices ; so in the king's bench like- vised a method of adding what is called a clause of ac wise, if he lives in Middlesex, the process must still be etiam to the usual complaint of trespass; the bill of by bill of Middlesex only.

Middlesex commanding the defendant to be brought in In the exchequer the first process is by writ of quo to answer the plaintiff of a plea of trespass, and also to a minus, in order to give the court jurisdiction over bill of debt: the complaint or trespass giving cognizpleas between party and party. In wbich writ the ance to the court, and that of debt authorising the ar

rest.

m

2

Process. rest. In imitation of which, lord chief justice North, These bail, who must at least be two in number, must Process.

a few years afterwards, in order to save the suitors of enter into a recognizance in court, or before the judge
his court the trouble and expence of suing out special or commissioner, whereby they do jointly and severally
originals, directed, that in the common pleas, besides undertake, that if the defendant be condemned in the
the usual complaint of breaking the plaintiff's close, a action, he shall pay the costs and condemnation, or ren-
clause of ac etiam might be also added to the writ of der himself a prisoner, or that they will pay it for him:
capius, containing the true cause of action; as, “ that which recognizance is transmitted to the court in a slip
the said Charles the defendant may answer to the plain- of parchment, intitled a bail-piece. And, if required,
tiff of a plea of trespass in breaking his close : and also, the bail must justify themselves in court, or before the
ac etiam may answer him, according to the custom of comnissioner in the country, by swearing theniselves
the court, in a certain plea of trespass upon the case, up- housekeepers, and each of them to be worth double the
on promises, to the value of 2ol. &c.” The sum sworn sum for which they are bail, after payment of all their
to by the plaintiff is marked upon the back of the writ; debts. This answers in some measure to the stipulatio
and the sheriff, or his officer the bailiff, is then obliged or satisdatio of the Roman laws, which is mutually given
actually to arrest or take into custody the body of the by each litigant party to the other : by the plaintiff that
defendant, and, having so done, to return the writ with he will prosecute his suit, and pay the costs if he loses
a cepi corpus indorsed thereon. See ARREST.

his cause; in like manner as our law still requires no-
When the defendant is regularly arrested, he must minal pledges of prosecution from the plaintiff: by the
either go to prison, for safe custody; or put in special defendant, that he shall continue in court, and abide the
bail to the sheriff. For, the intent of the arrest being sentence of the judge, much like our special bail ; but
only to compel an appearance in court at the return of with this difference, that the fidejussores were there ab-
the writ, that purpose is equally answered, whether the solutely bound judicatum solvere, to see the costs and
sheriff detains his person, or takes suflicient security for condemnation paid at all events : whereas our special
his appearance, called bail (from the French word bait- bail may be discharged, by surrendering the defendant
er, “ to deliver),” because the defendant is bailed, or into custody within the time allowed by law; for which
delivered, to bis sureties, upon their giving security for purpose they are at all times entitled to a warrant to ap-
his appearance ; and is supposed to continue in their prehend bim.
friendly custody instead of going to gaol. See Bail. Special bail is required (as of course) only upon ac-
The method of putting in bail to the sheriff is, by en tions of debt, cr actions on the case in trover, or for mo-
tering into a bond or obligation, with one or more sure ney due, where the plaintiff can swear that the cause of
ties, (not fictitions persons, as in the former case of action amounts to ten pounds : but in actions where the
common bail, but real, substantial, responsible bonds- damages are precarious, being to be assessed ad libitum
men), to insure the defendant's appearance at the return by a jury, as in actions for words, ejectment, or trespass,
of the writ; which obligation is called the bail-bond. it is very seldom possible for a plaintiff to swear to the
The sherill, if he pleases, may let the defendant go with amount of his cause of action; and therefore no special
out any sureties; but that is at his own peril: for, after bail is taken thereon, unless by a judge's order, or the
once taking him, the sheriff is bound to keep him safe- particular directions of the court, in some particular spe-
ly, so as to be forthcoming in court; otherwise an ac cies of injuries, as in cases of mayhem or atrocious bat-
tion lies against him for an escape. But on the other tery; or upon such special circumstances as make it ab-
hand, he is obliged, by statute 23 Hen. VI. c. 10. to solutely necessary that the defendant should be kept
take (if it be tendered) a sufficient bail-bond; and, by within the reach of justice. Also in actions against
statute 12 Geo. I. c. 29. the sheriff shall take bail for no heirs, executors, and administrators, for debts of the de-
other sum than such as is sworn to by the plaintifl, and ceased, special bail is not demandable ; for the action
indorsed on the back of the writ.

is not so properly against them in person, as against the
Upon the return of the writ, or within four days af ellects of the deceased in their possession. But special
ter, the defendant must appear according to the exi. bail is required even of them, in actions for a devastavit,
gency

of the writ. This appearance is ellected by put or wasting the goods of the deceased; that wrong being
ting in and justifying bail to the action ; which is com of their own committing.
monly called putting in bail above. If this be not done, Thus much for process; which is only meant to
and the bail that were taken by the sheriff below are bring the defendant into court, in order to contest the
responsible persons, the plaintiff may take an assignment suit, and abide the determination of the law. When
from the sheriff of the bail-bond (under the statute 4 and he appears either in person as a prisoner, or out upon
5 Ann. c. 16.) and bring an action thereupon against bail, then follow the pleadings between the parties. See
the sberiff's bail. But if the bail so accepted by the PLEADINGS.
sheriff be insolvent persons, the plaintiff may proceed Process upon an Indictment.

See PROSECUTION.
against the sheriff' himself, by calling upon him, first to The proper process on an indictment for any petty
return the writ (if not already done), and afterwards to misdemeanor, or on a penal statute, is a writ of venire
bring in the body of the defendant. And if the sheriff fascias, which is in the nature of a summons to

ause the does not then cause suflicient bail to be put in above, he party to appear. And if by the return to such venire will bimself be responsible to the plaintill.

it appears that the party bathi lands in the county whereThe bail above, or bail to the action, must be put in by he may be distrained, then a distress infinite shall be either in open court, or before one of the judges there- issued from time to time till he appears. But if the of; or else, in the country, before a commissioner ap sheriff

' returns, that he hath no lands in his bailiwick, pointed for that purpose by virtue of the statute 4 W. then (upon bis non-appearance) a writ of capias sbali and M. C. 4. which must be transmitted to the court. issue, which commands the sheriff to take his body, and

1

Process. have him at the next assizes ; and if he cannot be ta- surmised that a partial or insufficient trial will probably Prores ken upon the first capias, a second and a third sball issue, be bad in the court below, the indictment is removed,

1 called an alias and a pluries capias. But, on indict. in order to have the prisoner or defendant tried at the Froelaza. ments for treason or felony, a capias is the first process : bar of the court of king's bench, or before the justices_Lod. and, for treason or homicide, only one shall be allowed of nisi prius: or, 3. It is so removed, in order to plead to issue, or two in the case of other felonies, by statute the king's pardon there : or, 4. To issue process of out25 Edw. III. c. 14. though the usage is to issue only lawry against the offender, in those counties or places one in any felony; the provisions of this statute being where the process of the inferior judges will not reach in most cases found impracticable. And so in the case him. Such writ of certiorari, when issued and deliverof misdemesnors, it is now the usual practice for any ed to the inferior court for removing any record or other judge of the court of king's bench, upon certificate of proceeding, as well upon indictment as otherwise, superan indictment found, to award a writ of capias immedi. sedes the jurisdiction of such inferior court, and makes ately, in order to bring in the defendant. But if he ab. all subsequent proceedings therein entirely erroneous and sconds, and it is thought proper to pursue him to an illegal; unless the court of king's bench remands the reoutlawry, then a greater exactness is necessary. For, in cord to the court below, to be there tried and determined, such case, after the several writs have issued in a regular A certiorari may be granted at the instance of either the number, according to the nature of the respective crimes, prosecutor or the defendant: the former as a matter of without

any

efect, the offender shall be put in the exi. right, the latter as a matter of discretion ; and therefore gent in order to his outlawry: that is, he shall be ex it is seldom granted to remove indictments from the jusacted, proclaimed, or required, to surrender at five coun tices of gaol-delivery, or after issue joined, or confession ty.courts; and if he be returned quinto exactus, and does of the fact in any of the courts below. not appear at the fifth exaction or requisition, then he is At this stage of prosecution also it is, that indictments adjudged to be outlawed, or put out of the protection of found by the grand jury against a peer, must in consethe law; so that he is incapable of taking the benefit of quence of a writ of certiorari, be certified and transmitit in any respect, either by bringing actions or otherwise. ted into the court of parliament, or into that of the lord

The punishment for outlawries upon indictments for high steward of Great Britain ; and that, in places of misdemesnors, is the same as for outlawries upon civil exclusive jurisdiction, as the two universities, indictments actions ; viz. forfeiture of goods and chattels. But an must be delivered (upon challenge and claim of cog. outlawry in treason or felony amounts to a conviction nizance) to the courts therein established by charter, and attainder of the offence charged in the indictment, and confirmed by act of parliament, to be there respecas much as if the offender had been found guilty by his tively tried and determined. See PLEA. country. His life is, however, still under the protection Process, in Chemistry, the whole course of an expeof the law, as hath elsewhere been observed ; (see Ho- riment or series of operations, tending to produce someMICIDE): that though anciently an outlawed felon was thing new. said to have caput lupinum, and might be knocked on Process, in Anatomy, denotes any protuberance or the head like a wolf, by any one that should meet him ; eminence in a bone. because, having renounced all law, he was to be dealt PROCESSION, a ceremony in the Romish church, with as in a state of nature, when every one that should consisting of a formal march of the clergy and people, find him might slay him : yet now, to avoid such inhu. putting up prayers, &c. and in this manner visiting some inanity, it is holden that no man is intitled to kill him churchi, &c. They have also processions of the host or wantonly or wilfully; but in so doing is guilty of mur sacrament, &c. See Host. der, unless it happens in the endeavour to apprehend PROCHEIN AMY, in Law, the person next a-kin him. For any person may arrest an outlaw on a crimi to a child in non-age, and who, in that respect, is allownal prosecution, either of his own head, or by writ or ed to act for him, and be his guardian, &c. if he hold warrant of capias utlagatum, in order to bring him to

land in soccage. execution. But such outlawry may be frequently re To sue, an infant is not allowed to make an attorney ; versed by writ of error, the proceedings therein being but the court will admit bis next friend as plaintiff, (as it is fit they should be) exceedingly nice and circum his guardiau as defendant. stantial ; and if any single minute point be omitted or PROCKIA, a genus of plants belonging to the polymisconducted, the whole outlawry is illegal, and may be apdria class; and in the natural method ranking with reversed; upon which reversal the party accused js ad those of which the order is doubtful. See BOTANY IMmitted to plead to, and defend himself against, the in der, dictment.

PROCLAMATION, a public notice given of any Thus much for process to bring in the ofender after thing of which the king thinks proper to advertise his indictment found; during which stage of the prosecu- subjects. tion it is that writs of certiorari facias are usually had, Proclamations are a branch of the king's prerogathough they may be had at any time before trial, to cer tive * ; and have then a binding force, when (as Sir # ste por tify and remove the indictment, with all the proceedings Edward Coke observes) they are grounded upon

and thereon, from any inferior court of criminal jurisdiction enforce the laws of the realm. For though the mainto the court of king's bench ; which is the sovereign king of laws is entirely the work of a distinct part, the ordinary court of justice in causes criminal. And this legislative branch of the sovereign power, yet the manis frequently done for one of these four purposes; either, ner, time, and circumstances of putting those laws in 1. To consider and determine the validity of appeals or execution, must frequently be left to the discretion of indictments and the proceedings thereon; and to quash the executive magistrate. And therefore his constituor confirm them as there is cause ; or, 2. Where it is tions or edicts, concerning those points which we call 5

Proclamations,

or

rogetti

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