text:  The accused must also be examined but not upon oath; and his examination also must be taken down in writing and may be given in evidence against him at the trial; for although the maxim of the common law is "_nemo tenebitur prodere seipsum_ " the legislature as long ago as the year 1555 directed that in cases of felony the examination of the prisoner should be taken; which provision has recently been extended to misdemeanours also