A website from the Massachusetts Historical Society; founded 1791.
close
-
The Adams Papers Digital Edition is undergoing active maintenance while we work on improvements to the system. You may experience slow performance or the inability to access content. We apologize for any inconvenience this may cause. We will endeavor to return to full capabilities as soon as possible.

Browsing: Legal Papers of John Adams, Volume 2


This note contained in document ADMS-05-02-02-0008-0003-0004
4. Presumably a reference to the statutes 1 & 2 Phil. & Mary, c. 13 (1554), and 2 & 3 Phil. & Mary, c. 10 (1555), which provided that justices of the peace should examine persons accused of manslaughter or felony, either when admitting them to bail or upon commitment, and should certify the examination to the next court of general gaol delivery. According to 2 Hawkins, Pleas of the Crown 429 (cited by JA to another point, note 934 above), confessions taken on such occasions could be given in evidence, as could those “taken by the Common Law upon an Examination before a Secretary of State, or other Magistrates for Treason, or other Crimes, not within those Statutes, or in Discourse with private Persons.” Compare note 631 above. JA's point seems to be that Nickerson's examinations before Edward Bacon and the Admiralty Commissioners (text at notes 6–9 above) met none of these requirements.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/