If the offender, on the bill of indictment being found, does not appear after being required to surrender him self at five county courts, he is judged to be outlawed, or is rendered incapable of taking any of the benefits of the law, either by bringing actions or otherwise. When the offender appears in court, the indictment is distinct ly read to him, and he is then asked whether he be guilty or not guilty: if he confesses the crime, the court awards judgment ; if he is obstinately mute, he is considered as convicted: if the prisoner plead not guilty, the sheriff of the county is to return a pannel of jurors, who are to be sworn as they appear, to the number of 12. In all capi tal cases, the prisoner is allowed to challenge a certain number of them, without assigning any cause whatever ; whereas the king can challenge no juror, without as signing a reason, to be allowed by the court. In cases of high treason, petit treason, and misprision of treason, two lawful witnesses are in general necessary to convict a prisoner; but in almost every other case, one witness is sufficient. After the evidence for the prosecution is gone through, the prisoner is called upon for his defence ; and when this is finished, the judge sums up the evidence, pointing out the law to the jury, and uniformly instructing them, that if any doubt of the prisoner's guilt rests upon their minds, they are bound to acquit him. The jury then retire to consider their verdict, which must be given in open court. The unanimity of all the twelve persons is the peculiar characteristic of the English jury. If the pri soner is found not guilty, he is for ever discharged of the accusation ; but if he be found guilty, the judgment of the court immediately follows, and he can only be pardon ed by an exercise of the royal prerogative. This par don must be under the great seal of England ; the ne cessary effect of it is, the acquitting the offender of all corporal penalties and forfeitures consequent upon his crime. But if no pardon be granted, and the sentence is capital, execution must be performed by the legal of ficer, the sheriff or his deputy. The only warrant which the sheriff has for executing a criminal is the judge's signature upon the calendar or list of the prisoners names, with their separate judgments in the margin. The time that elapses between the passing and execu ting of the law is left uncertain in the country, but in Middlesex and London the day and place are named in the warrant to the sheriffs.
It is beyoral our purpose and limits to enumerate the punishments that the laws of England affix to different crimes: it may, however, be proper briefly to mention, that the punishment of death is affixed in the statute book to more crimes in this than perhaps in any other country ; and that hence the laws of England are deem ed to be sanguinary. But though the statute book af fixes capital punishment to a great variety of crimes, many of which are by no means deserving of it, yet there are perhaps as few crimes actually punished with death in this as in any other country. High treason, murder, and forgery, are generally thus punished. Transportation for life, or for a period of years, is the punishment next to death in our criminal code.
Thu natural rights of the people of England, which are secured by the constitution and laws, are the right of personal seem ity ; the right of personal liberty ; and the right of private property. If any Englishman is de prived of his personal liberty, lie may upon the demand of his council, have a writ of habeas corpus, to bring him before the Court of King's Bench or Common Pleas, who shall determine whether the cause of his commitment be just. The celebrated statute, by which
the liberty of the subject is thus secured, was passed in the reign of Charles II. 1679. The principal provisions of the act arc, to fix the period for bringing the prison er into court; to oblige the keeper of the prison, within six hours, to furnish him with a copy of his commit ment, and to prevent a recommitment for the same of fence. Circumstances, however, sometimes arise, which render it necessary to suspend the habeas corpus act for a limited time.
With respect to private property, it cannot be taken for the public good, on any tax levied upon the subject, without his consent, expressed by his representatives in Parliament. Besides these rights, that are secured to the subject, he has the right of petitioning the king or either house or Parliament ; and of having arms for his self-defence and preservation, such as arc allowed by law, according to his desire. In treating of these points, by which the English constitution is distin guished, it would be unpardonable to pass over the li• berry of the press: it may be considered as consisting simply in this, that neither the courts of justice, nor any other judges whatever, can lawfully take any no tice of writings intended for publication, but only of those that are actually published, and in these cases, they must proceed in the trial by jury. In indictments for libels, the province of the jury is to determine on the points of law, as well as on the matter of that is, to decide, not only whether the libel in question has been written by the person charged with having done it, but also whether the contents be criminal or not. It is, however, a doctrine of English law on this subject, that it is of no importance whether the matter of the libels be true or false, as the guilt of the persons consists in the provoking of another to break the peace ; and this may be as easily done by publishing• a truth as a false hood.
By the constitution, the king is considered as the su preme head, on earth, of the church of England. By this authority he convenes, prorogues, restrains, regulates, and dissolves all synods and ecclesiastical convocations. The convocation of the clergy in England, however, have never been allowed to transact any business since the reign of Queen Anne. The ministers of the esta blished church arc denominated the clergy, a term which comprehends all persons either in holy orders, or in ecclesiastical offices. The different orders of the clergy of the church of England, essential to the con stitution of episcopal government, are those of bishops, priests, and deacons; but there arc other officers, which, though not essentially necessary, have been gradually introduced, as archbishops, deans, prebendaries, minor canons, archdeacons, church-wardens, parish clerks, and the like. The episcopacy of England consists of the two archbishops of Canterbury and York, and 24 bishops, who, upon confirmation, may sit in Parliament; there is also the Bishop of Soder and Man, who has no seat in the House of Lords. The archbishop is the chief of the rest of the bishops, and all the inferior clergy in his province ; he has the right to present to all vacant livings in the disposal of his bishops, if they are not filled in six months. The Archbishop of Canterbury enjoys some privileges above the Archbishop of York; to him belongs the privilege of crowning the kings and queens of England ; and of granting special licences to marry at any time or place, to hold two livings, Sec. He is styled the primate of all England, and precedes all persons except the royal family.