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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
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.
, 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
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-
in fact never was. And this fiction, being beneficial
we command you," this clause is inserted,
proclaimed, required or exacted, in five county.courts
may be found in his bailiwick or county, and exigent is sued out, a writ of proclamation shall isstic
This is the regular and orderly method of process. capias before mentioned) process of outlawry doth lie in
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-
mis. same in all of them.
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
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 cause; in like manner as our law still requires no-
is not so properly against them in person, as against the
of the writ. This appearance is ellected by put or wasting the goods of the deceased; that wrong being
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
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
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