. 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
'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.