concerning the premises, upon their oath say, that the said Peter Hunt is Verdict; guilty of the felony and murder aforesaid, on him above charged in the guilty of murder. form aforesaid as by the indictment aforesaid is above supposed against him; and that the said Peter Hunt at the time of committing the said felony and murder, or at any time since to this time, had not nor hath any goods or chattels, lands or tenements, in the said county of Warwick, or elsewhere, to the knowledge of the said jurors. And upon this it is forthwith demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who nothing farther saith, unless as he before had said. Whereupon, all and singular the premises being seen and by the said justices here fully understood, it is considered by the court here that the said Peter Hunt be taken to the gaol of the said lord the king of the said county of Warwick, from whence he came, and from thence to the place of execution on Monday now next ensuing, being the ninth day of this instant August, and there be hanged by the neck until he is dead; and that afterwards his body be dissected and anatomized. § 2. Conviction of Manslaughter. Judgment of death and dissec tion. upon their oath say, that the said Peter Hunt is not guilty of the Verdict;murder aforesaid, above charged upon him; but that the said Peter Hunt not guilty of is guilty of the felonious slaying of the aforesaid Samuel Collins; and that murder he had not nor hath any goods or chattels, lands or tenements, at the time manslaugh guilty of of the felony and manslaughter aforesaid, or ever afterwards to this time ter. to the knowledge of the said jurors. And immediately it is demanded of the said Peter Hunt, if he hath or knoweth any thing to say wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: Who saith that he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. Whereupon, prayed. all and singular the premises being seen, and by the said justices here fully Judgment understood, it is considered by the court here, that the said Peter Hunt be to be burned burned in his left hand, and delivered. And immediately he is burned in in the hand. his left hand, and is delivered according to the form of the statute. § 3. Entry of a Trial instanter in the Court of King's Bench, upon a collateral Issue; and Rule of Court for Execution thereon. Michaelmas term, in the sixth year of the reign of king George the Third. Clergy and delivered. pus. bar of exe Kent; The King The prisoner at the bar being brought into this court against in custody of the sheriff of the county of Sussex by virThomas Rogers, Stue of his majesty's writ of habeas corpus, it is ordered, Habeas cor that the said writ and the return thereto be filed. And it appearing by a Record of certain record of attainder, which hath been removed into this court by attainder his majesty's writ of certiorari, that the prisoner at the bar stands attainted, read ; by the name of Thomas Rogers, of felony for a robbery on the highway, and robbery. for felony and the said prisoner at the bar having heard the record of the said at- Prisoner tainder now read to him, is now asked by the court here what he hath to asked what say for himself why the court bere should not proceed to award execution he can say in against him upon the said attainder? he for plea saith, that he is not the cution. same Thomas Rogers in the said record of attainder named, and against Plea; not whom judgment was pronounced: and this he is ready to verify and prove, &c. To which said plea the honourable Charles Yorke, esquire, attorneygeneral of our present sovereign lord the king, who for our said lord the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner at the bar hath now alleged, for our said lord the king by way of reply saith, that the said prisoner now here at the bar is the same Thomas Rogers in the said record of attainder named, and against whom judgment was pronounced as aforesaid; and this he that he is. prayeth may be inquired into by the country; and the said prisoner at the bar doth the like; Therefore let a jury in this behalf immediately VOL. II. 90 the same person. Replication, averring Venire awarded instanter. Jury. that be is the same. Issue joined. come here into court, by whom the truth of the matter will be the better known, and who have no affinity to the said prisoner, to try upon their oath, whether the said prisoner at the bar be the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as aforesaid or not; because as well the said Charles Yorke, esquire, attorney-general of our said lord the king, who for our said lord the king in this behalf prosecutes, as the said prisoner at the bar, have put themselves in this behalf upon the said jury. And immediately thereupon the said jury come here into court; and being elected, tried, and sworn to speak the truth touching and concerning the premises aforesaid, and having heard the said record read to them, do say upon their oath, that the said prisoner at the bar is the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as afore. said, in manner and form as the said attorney-general hath by his replication to the said plea of the said prisoner now here at the bar alleged. And hereupon the said attorney-general on behalf of our said lord the king now prayeth, that the Court here would proceed to award execution against him the said Thomas Rogers upon the said attainder. Whereupon all and singular the premises being now seen and fully understood by the court here, it is ordered by the court here that execution be done upon the said prisoner at the bar for the said felony in pursuance of the said judgment, according to due form of law: And it is lastly ordered, that he the said Thomas Rogers, the prisoner at the bar, be now committed to the custody of the sheriff of the county of Kent (now also present here in court) for the purpose aforesaid; and that the said sheriff of Kent do execution upon the said defendant, the prisoner at the bar for the said felony, in pursuance of the said judgment, according to due form of law. Award of execution. On the motion of Mr. Attorney-General. By the Court. §4. Warrant of Execution on Judgment of Death, at the general Gaol-delivery in London and Middlesex. London and Middlesex. To the sheriffs of the city of London; and to the sheriff of the county of Middlesex; and to the keeper of his majesty's gaol of Newgate. Whereas at the session of gaol-delivery of Newgate for the city of London and county of Middlesex, holden at Justice Hall in the Old Bailey, on the nineteenth day of October last, Patrick Mahony, Roger Jones, Charles King, and Mary Smith, received sentence of death for the respective offences in their several indictments mentioned: Now it is hereby ordered, that execution of the said sentence be made and done upon them the said Patrick Mahony and Roger Jones, on Wednesday the ninth day of this instant month of November at the usual place of execution. And it is his Majesty's command, that execution of the said sentence upon them the said Charles King and Mary Smith be respited, until his majesty's pleasure touching them be farther known. Given under my hand and seal this fourth day of November. one thousand seven hundred and sixty-eight. James Eyre, Recorder, L. S. §. 5. Writ of Execution upon a Judgment of Murder, before the King in Parliament. George the second by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, and so forth, to the sheriffs of London and sheriff of Middlesex, greeting. Whereas Lawrence earl Ferrers, viscount Tamworth, hath been indicted of felony and murder by him done and committed, which said indictment bath been certified before us in our present parliament; and the said Lawrence earl Ferrers, viscount TamWorth, hath been thereupon arraigned, and upon such arraignment hath pleaded not guilty; and the said Lawrence earl Ferrers, viscount Tamworth, hath before us in our said parliament been tried, and in due form of law convicted thereof; and whereas judgment hath been given in our said parliament, that the said Lawrence earl Ferrers, viscount Tamworth, shall be hanged by the neck until he is dead, and that his body be dissected and anatomized, the execution of which judgment yet remaineth to be done; we require, and by these presents strictly command you, that upon Monday the fifth day of May instant, between the hours of nine in the morning and one in the afternoon of the same day, him the said Lawrence earl Ferrers, viscount Tamworth, without the gate of our tower of London (to you then and there to be delivered, as by another writ to the lieutenant of our tower of London, or to his deputy directed, we have commanded) into your custody you then and there receive; and him in your custody so being, you forthwith convey to the accustomed place of execution at Tyburn; and that you do cause execution to be done upon the said Lawrence earl Ferrers, viscount Tamworth, in your custody so being, in all things according to the said judgment. And this you are by no means to omit, at your peril. Witness ourself at Westminster the second day of May, in the thirty-third year of our reign. Yorke and Yorke. BLACKSTONE'S COMMENTARIES ON The Laws of England. BY BARRON FIELD, Esq. The figures at the end of each Question refer to the pages of Blackstone (and those of all the editions are alike) where its answer may be found. INTRODUCTION. SECTION II.-Of the Nature of Laws in General. 1. WHAT is law, in its most general and comprehensive sense? 38. 2. What is law, in its more confined sense, and that in which it is the present commentator's business to consider it? 39. 3. What is the law of Nature? 59. 4. To what one precept may the law of nature be reduced? 41. 5. Has God revealed any portions of this law to us? 42. 6. Upon what two foundations depend all human laws? 42. 7. As the whole race of mankind form separate states, is there not a third kind of law? 45. 8. What is that law called, by which particular nations are governed? 44 9. How does the commentator define that law? 44. 10. What three forms of government are there? 49. 11. What peculiar quality does each of these forms of government possess; and what effect have these several qualities upon the laws of their respective governments? 49, 50. 12. What is the nature of the British form of government? 50, 51. 13. With whom lies the right to make laws in every government? 52. 14. Of what four parts may every law be said to consist? 53, 54. 15. Wherein consists the difference between those things prohibited by the law, which are mala in se, and those which are mala probibita? 54, 55, 57, 58. 16. What five helps are there to the interpretation of laws? 59. 17. How is equity defined by Grotius? 62. SEC. III.-Of the Laws of England. 7. What is the doctrine of the law, as to following precedents? 70. 8. What three things do the rules relating to particular customs regard? 75. 9. Wherein do the customs, of London differ from all others in point of trial? 76. 10. What are the seven necessary requisites to make a custom good? 77, 78. 11. To what, however, must all special customs submit? 79. 12. What are understood by those peculiar laws, which, by custom, are adopted and used only in certain peculiar courts, and jurisdic tions? 79. 13. What is understood by each of these laws, absolutely taken? 80, 82. 14. What are the four species of courts, in which these laws are permitted to be used? 83 15. Under what superintendency, are all these courts? 84. 16. To whom does an appeal from them lie, in the last resort? 84. 17. Of what does the second kind of municipal law consist? 85. 18. Into what four kinds is it distinguish. able? 85, 86. 19 What two connexions has it with the first kind of municipal law? 86 20. What are the ten principal rules to be observed with regard to the construction of the second kind of municipal law? 87-91. 21. For what purpose are our courts of equi ty established; and in what matters only are they conversant? 92. SEC. IV. Of the Countries Subject to the 1. WHAT does the kingdom of England, by the common law, include? 93. 2. How is Wales governed; and in what particulars does it differ from the kingdom of England? 93-95. 3. How is Scotland governed; and what four observations are to be made upon the articles and act of union between Eugland and Scotland? 95-98. 4 How is the town of Berwick-uponTweed governed; what writs run there; and |