Book IV. ftrongly raised, and fo highly finished, it is hard to speak with that praise, which is justly and severely it's due : --- the thorough and attentive contemplation of it will furnish it's best panegyric. It hath been the endeavour of these commentaries, however the execution may have fucceeded, to examine it's folid foundations, to mark out it's extenfive plan, to explain the use and distribution of it's parts, and from the harmonious concurrence of those feveral parts to demonstrate the elegant proportion of the whole. We have taken occafion to admire at every turn the noble monuments of antient fimplicity, and the more curious refinements of modern art. Nor have it's faults been concealed from view; for faults it has, left we should be tempted to think it of more than human structure: defects, chiefly arising from the decays of time, or the rage of unfkilful improvements in later ages. To sustain, to repair, to beautify this noble pile, is a charge intrusted principally to the nobility, and such gentlemen of the kingdom, as are delegated by their country to parliament. The protection of THE LIBERTY OF BRITAIN is a duty which they owe to themfelves, who enjoy it; to their ancestors, who transmitted it down; and to their posterity, who will claim at their hands this, the best birthright, and noblest inheritance of mankind.

THE EN D.

APPENDIX.

§. 1. RECORD of an IndiƐment and Conviction of MURDER, at the Affifes.

Warwickshire,

it remembered, that at the general feffion of the Seffion of oyer to wit. lord the king of oyer and terminer holden at War- and terminer. wick, in and for the faid county of Warwick, on Friday the twelfth day of March in the second year of the reign of the lord George the third, now king of Great Britain, before fir Michael Fofter, knight, one of the juftices of the faid lord the king affigned to hold pleas before the king himself, fir Edward Clive, knight, one of the juftices of the faid lord the king of his court of common bench, and others their fellows, juftices of the faid lord the king, affigned by letters pa- Commiffion of tent of the faid lord the king, under his great feal of Great Britain, made to them the aforefaid juftices and others, and any two or more of them, whereof one of them the faid fir Michael Fofter and fir Edward Clive, the faid lord the king would have to be one, to enquire (by the oath of good and lawful men of the county aforefaid, by whom the truth of the matter might be the better known, and by other ways, methods, and means, whereby they could or might the better know, as well within liberties as without) more fully the truth of all treasons, mifprifions of treafons, infurrections, rebellions, counterfeitings, clippings, washings, falfe coinings, and other falfities of the monies of Great Britain, and of other kingdoms or dominions whatsoever; and of all murders, felonies, manflaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful affemblies, mifprifions, confederacies, false allegations, trefpaffes, riots, routs, retentions, escapes, contempts, falfities, negligences, concealments, maintenances, oppreffions, champarties,

deceits,

Grand jury.

Indictment.

deceits, and all other mifdeeds, offences, and injuries whatsoever, and alfo the acceffories of the fame, within the county aforefaid, as well within liberties as without, by whomsoever and howfoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumstances in the faid letters patent of the faid lord the king specified, the premises and yer and terminer, every or any of them howfoever concerning; and for this time to hear and determine the faid treafons and other the premises, according to and of the peace. the law and cuftom of the realm of England; and alfo keepers of the peace, and justices of the faid lord the king, affigned to hear and determine divers felonies, trefpaffes, and other mifdemefnors committed within the county aforefaid: by the oath of fir James Thompson, baronet, Charles Roper, Henry Dawes, Peter Wilfon, Samuel Rogers, John Dawson, James Philips, John Mayo, Richard Savage, William Bell, James Morris, Laurence Hall, and Charles Carter, efquires, good and lawful men of the county aforefaid, then and there impanelled, fworn, and charged to enquire for the faid lord the king and for the body of the faid county, it is presented, that Peter Hunt, late of the parish of Lighthorne in the faid county, gentleman, not having the fear of God before his eyes, but being moved and feduced by the instigation of the devil, on the fifth day of March in the said second year of the reign of the faid lord the king, at the parish of Lighthorne aforefaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the faid lord the king then and there being, feloniously, wilfully, and of his malice aforethought, did make an affault; and that the faid Peter Hunt with a certain drawn sword, made of iron and steel, of the value of five fhillings, which he the faid Peter Hunt in his right hand then and there had and held, him the said Samuel Collins in and upon the left fide of the belly of him the said Samuel Collins then and there feloniously, wilfully, and of his malice aforethought, did strike, thrust, stab, and penetrate; giving unto the faid Samuel Collins, then and there, with the sword drawn as aforesaid, in and upon the left fide of the belly of him the faid Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which faid mortal wound he the faid Samuel Collins, at the parish of Lighthorne aforefaid in the faid county of Warwick, from the faid fifth day of March in the year aforefaid until the feventh day of the fame month in the fame year, did languish, and languishing did live; on which faid seventh day of March, in the year aforefaid, the faid Samuel Collins, at the parish of Lighthorne aforefaid in the county aforesaid, of the faid mortal wound did die: and fo the jurors aforefaid, upon their oath aforefaid, do say, that the faid Peter Hunt him the faid Samuel Collins, in manner and form aforefaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace of the faid

lord

lord the now king, his crown, and dignity. Whereupon the sheriff of Capias. the county aforefaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the faid Peter Hunt, if he may be found in his bailiwick, and him safely keep, to answer to the felony and murder whereof he ftands indicted. which faid indictment the faid jufti- Seffion of gaofces of the lord the king abovenamed, afterwards, to wit, at the deli- delivery. very of the gaol of the faid lord the king, holden at Warwick in and for the county aforefaid, on Friday the fixth day of August, in the said fecond year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief justice of the faid lord the king affigned to hold pleas before the king himself, fir Sidney Stafford Smythe, knight, one of the barons of the faid lord the king, and others their fellows, juftices of the faid lord the king, affigned to deliver his faid. gaol of the county aforefaid of the prisoners therein being, by their proper hands do deliver here in court of record in form of law to be determined. And afterwards, to wit, at the fame delivery of the gaol Arraignment. of the faid lord the king of his county aforefaid, on the faid Friday the fixth day of Auguft, in the faid fecond year of the reign of the faid lord the king, before the faid juftices of the lord the king laft abovenamed and others their fellows aforefaid, here cometh the faid Peter Hunt, under the custody of William Browne, efquire, fheriff of the county aforefaid, (in whofe cuftody in the gaol of the county aforesaid, for the cause aforefaid, he had been before committed) being brought to the bar here in his proper person by the said sheriff, to whom he is here also committed: And forthwith being demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he faith, that he is not guilty there- Plea; not guilty. of; and thereof for good and evil he puts himself upon the country: Iffue. And John Blencowe, efquire, clerk of the affifes for the county aforefaid, who profecutes for the faid lord the king in this behalf, doth the like: Therefore let a jury thereupon here immediately come before Venire, the faid juftices of the lord the king last abovementioned, and others their fellows aforefaid, of free and lawful men of the neighbourhood of the faid parish of Lighthorne in the county of Warwick aforefaid, by whom the truth of the matter may be the better known, and who are not of kin to the faid Peter Hunt, to recognize upon their oath, whether the said Peter Hunt be guilty of the felony and murder in the indictment aforefaid above fpecified, or not guilty: because as well the faid John Blencowe, who profecutes for the faid lord the king in this behalf, as the faid Peter Hunt, have put themselves upon the faid jury. And the jurors of the faid jury by the faid sheriff for this purpose impanelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lyon, James White, William Bates, Oliver Green, Bartholomew Nafh, and

Henry

of murder.

Henry Long, being called, come; who being elected, tried, and fworn, to speak the truth of and concerning the premises, upon their Verdict; guilty oath fay, that the faid Peter Hunt is guilty of the felony and murder aforefaid, on him above charged in the form aforefaid, as by the indictment aforefaid is above fuppofed against him; and that the faid Peter Hunt at the time of committing the faid felony and murder, or at any time fince to this time, had not nor hath any goods or chattels, lands or tenements, in the faid county of Warwick, or elsewhere, to the knowlege of the faid jurors. And upon this it is forthwith demanded of the faid Peter Hunt, if he hath or knoweth any thing to fay, wherefore the faid juftices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who nothing farther faith, unlefs as he before had faid. Whereupon, all and fingular the premises being feen, and by the faid juítices here fully understood, it is confidered by the court here, that the faid Peter Hunt be taken to the gaol of the faid lord the king of the faid county of Warwick from whence he came, and from thence to the place of execution on Monday now next enfuing, being the ninth day of this inand diffection. ftant Auguft, and there be hanged by the neck until he be dead; and that afterwards his body be diffected and anatomized.

Judgment of death,

Verdict; -not

guilty of manflaughter.

§. 2. Conviction of Manslaughter.

upon their oath fay, that the faid Peter Hunt is not guilty guilty of murder of the murder aforefaid, above charged upon him; but that the faid Peter Hunt is guilty of the felonious flaying of the aforefaid Samuel Collins; and that he had not nor hath any goods or chattels, lands or tenements, at the time of the felony and manslaughter aforefaid, or ever afterwards to this time, to the knowlege of the faid jurors. And immediately it is demanded of the faid Peter Hunt, if he hath or knoweth any thing to fay, wherefore the said juftices here ought not upon the premises and verdict aforefaid to proceed to judgment and execution Clergy prayed. against him: who faith that he is a clerk, and prayeth the benefit of Judgment to be clergy to be allowed him in this behalf. Whereupon, all and fingular the premises being feen, and by the faid juftices here fully understood, it is considered by the court here, that the faid Peter Hunt be burned in his left hand, and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the statute.

burned in the hand, and delivered.

§. 3. Entry