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the year, did languish, and languishing did live on which said seventh day of March in the year aforesaid, the said Samuel Collins, at the parish of Lighthorne aforesaid, in the county aforesaid, of the said mortal wound did die: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said Peter Hunt him the said Samuel Collins, in manner anu form afore said, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace of the said lord the now king, his crown, and dignity. WHEREUPON the sheriff of the county aforesaid is commanded, that he omit not for any liberty in his bailiwic, but that he take the said Peter Hunt, if he may be found in his bailiwic, and him safely keep, to answer Sessior of to the felony and murder whereof he stands indicted. WHICH said indictgaol delivery. ment the said justices of the lord the king above named, afterwards, to wit, at the delivery of the gaol of the said lord the king, holden at Warwick in and for the county aforesaid, on Friday the sixth day of August, in the said second year of the reign of the said lord the king, before the right. 'honourable William lord Mansfield, chief justice of the said lord the king, assigned to hold pleas before the king himself, sir Sidney Stafford Smythe, knight, one of the barons of the exchequer of the said lord the king, and others their fellows, justices of the said lord the king, assigned to deliver his said gaol of the county aforesaid of the prisoners therem being, by their proper hands do deliver here in court of Record in form of the law to be Arraignment determined. AND AFTERWARDS, to wit, at the same delivery of the gaol of the said lord the king of his county aforesaid, on the said Friday the sixth day of August, in the said second year of the reign of the said lord the king, before the said justices of the lord the king last above named and others their fellows aforesaid, here cometh the said Peter Hunt, under the custody of William Browne, esquire, sheriff of the county aforesaid, (in whose cus tody in the gaol of the county aforesaid, for the cause aforesaid, 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 be ing demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he saith, that he is not guilty thereof; and thereof for good and evil he puts himself upon the country: AND John Blencowe, esquire, clerk of the assizes for the coun ty aforesaid, who prosecutes for the said lord the king in this behalf, doth the like: THEREFORE let a jury thereupon here immediately come before the said justices of the lord the king last above mentioned, and others their fel lows aforesaid, of free and lawful men of the neighbourhood of the said parish of Lighthorne in the county of Warwick aforesaid, by whom the truth of the matter may be the better known, and who are not of kin to the said Peter Hunt, to recognise upon their onth, whether the said Peter Hunt be guilty of the felony and murder in the indictment aforesaid above specifed, or not guilty because as well the said John Blencowe, who prosecutes for the said lord the king in this behalf, as the said Peter Hunt, have put themselves upon the said jury. And the jurors of the said jury by the said sheriff for this purpose impanelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lion, James White, William Bates, Oliver Green, Bartholomew Nash, and Henry Long, being called, come; who being elected, tried, and sworn, to speak the truth of and concerning the premises, upon their oath say, THAT the said Peter Hunt is guilty of the felony and murder aforesaid, on him above charged in the 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 (1). 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 execu tion against him: who nothing further saith, unless as he before had said. WHEREUPON, all and singular the premises being seen, and by the said justices here fully understood, T 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

Plea: not guilty. Issue.

Venire.

Verdict: guilty of murder.

Judgment of death,

(1) This averment is now rendered unnecessary. See 7 and 8 Geo. IV. e 28 65; ante p. 387, n. 7).

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 be dead; and that after- and dissection waras his body be dissected and anatomized.

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upon their oath say, that the said Peter Hunt is not guilty Verdict: not of the murder aforesaid, above charged upon him; but that the said Peter guilty of mur Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and der; guilty of manslaughter that he had not nor hath any gruds or chattels, lands or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this ime, to the knowledge of the said jurors (2). 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 foresaid to proceed to judgment and execution against him who saith Clergy prayed hat he is a clerk, and prayeth the benefit of clergy to be allowed him in this ehalf. WHEREUPON, all and singular the premises being seen, and by the Judgment to aid justices here fully understood, IT IS CONSIDERED by the court here, that be burned in the said 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 (3).

SECT. 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.

}

the hand, and delivered

for felony and robbery.

Prisoner asked

what he can say in bar of execution.

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 Thomas Rogers. virtue of his majesty's writ of habeas corpus, IT IS Habeas corpus ORDERED that the said writ and the return thereto be filed. AND it appear. Record of ating by a certain record of attainder, which hath been removed into this tainder read, court by his majesty's writ of certiorari, that the prisoner at the bar stands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and the said prisoner at the bar having heard the record of the said attainder now read to him, is now asked by the court here, what he hath to say for himself, why the court here should not proceed to award execution against him upon the said attainder. He for plea saith, that he is Lot the same Thomas Rogers in the said record of attainder, named, and Plea: not the Lgainst whom judgment was pronounced: and this he is ready to verify and same person. Trove &c. To which said plea the honourable Charles Yorke, esquire, attorney general of our present sovereign lord the king, who for our said lord Replication, the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner a the bar hath now alleged, for our said lord the king by way of reply saith, tha the said prisoner now here at the bar is the same Thomas Rogers in the said record of attainder named, averring that and against whom judgment was pronounced as aforesaid; and this he he is. Frayeth may be inquired into by the country; and the said prisoner at the Issue joined. bar doth the like: THEREFORE let a jury in this beualf immediately come Venire awardhere into court, by whom the truth of the matter will be the better known, ed instanter 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 Lehalf upon the said jury. AND immediately ereupon the said jury come Jury sworn. nere into court: and being elected, tried, and sworn to speak the truth ouching 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 Verdict that is the same Thomas Rogers in the said record of attainder named, and he is the same, against whom judgment was so pronounced as aforesaid, in manner and form

(2) See preceding note.

(3) Benefit of clergy and burning in the hand being now abolished, see 6 Geo.

IV. c. 25, 7 and 8 Geo. IV. c. 28, ante, p.
374, n. (8), this form will require altera-
tion accordingly.

Lution.

as the said attorney general hath by his said replication to the said plea of the said prisoner now here at the bar alleged. AND HEREUPON the said at torney 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 Award of exe- 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 lasily 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. On the motion of Mr. Attorney General.

By the Court SECT. 4. WARRANT OF EXECUtion on Judgment of Death, aT THE GENERAI GAOL DELIVERY IN LONDON AND MIDDLESEX.

London and Middlesex.

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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 respec tive 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 is his majesty's coinmand, that execution of the said sentence upon ther the said Charles King and Mary Smith be respited, until his majesty's pleasure touching them be further known.

GIVEN under my hand and seal this fourth day of November, one thousand seven hundre and sixty-eight.

JAMES EYRE, Recorder, (L. S.

SECT. 5. WRIT OF EXECUTION UPON A JUDGMENT OF Murder, before TAI
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 Londo and sheriff of Middlesex, greeting. WHEREAS Lawrence earl Ferrers viscount Tamworth, hath been indicted of felony and murder by him do and committed, which said indictment hath been certified before us in ou present parliament;, and the said Lawrence earl Ferrers, viscount Taleworth, hath been thereupon arraigned, and upon such arraignment ha pleaded not guilty; and the said Lawrence earl Ferrers, viscount Tamwor hath before us in our said parliament been tried, and in due form of ls ⚫ convicted thereof; and whereas judgment hath been given in our said par liament, that the said Lawrence earl Ferrers, viscount Tamworth, shall t hanged by the neck till he is dead, and that his body be dissected and and tomized, the execution of which judgment yet remaineth to be done: W require, and by these presents strictly command you, that upon Monday th. fifth day of May instant, between the hours of nine in the morning at one in the afternoon of the same day, him the said Lawrence earl Ferrerviscount Tamworth, without the gate of our tower of London (to you thei and there to be delivered, as by another writ to the lieutenant of our towe of London or to his deputy directed, we have commanded) into your custo 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 d cause execution to be done upon the said Lawrence earl Ferrers, viscour Tamworth, in your custody so being, in all things according to the sail judgment. And this you are by no means to omit, at your peril. W.TNES ourself at Westminster the second day of May, in the thirty-third year our reign. YORKE and YORKE

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INDEX,

The small numerals denote the Books; the ciphers the Pages of the

Commentaries.

Abatement of freehold, iii 168
indictment, iv 334 and notes
Яuisance, i 5 and n
writ, count, or suit, iii 302
plea in, iii 302 iv 334
Abbey-lands, ii 32 iv 116

molesting their possessors, iv 116
Abbots, i 155
Abbreviations, iii 323
Abdication, i 211 iv 78

Abduction of child, iii 140 and n
heiress, iv 208

ward, iii 141

wife i 139 and n

women, i 443 and n

or kidnapping, iv 219 and n
Abearance, good, security for, iv 251 256
Abeyance, i 107

when freehold cannot be put in, ii 107 n
remainders, &c. when not in, ii 107 n
Abigei, iv 239

Abjuration, oath of, i 368

of the realm, iv 56 124 332 377

Absolute power of the crown, i 250
property, ii 389

rights and duties, i 123
Abstract of a fine, ii 351 app 4
Accedas ad curiam, iii 34
Acceptance of bills, ii 468, 469
Accession, property by, ii 404
Accessaries, iv 35 and n

after the fact, iv 37 and n
before the fact, iv 36 and n
when to be tried, iv 323

Accident, when relieved against, iii 431
taking goods by, no larceny, iv 232 n
Accomplices, discovery of, iv 330 331
Accord, iii 15 and n

Account books, when evidence, iii 368
ognizable in equity, iii 437
writ of, iii 162

Accroaching royal power, iv 76

Ac etiam, iií 288 app 18

Act of bankruptcy, ii 477 and n

grace, how passed, i 184

when pleaded, iv 396

parliament, i 85

disobedience to, iv 12

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Actual right of possession, ii 196
Additions, i 407 iii 302 iv 306 334
Adherence to the king's enemies, iv 82
Adjoining county, trial in, iii 383
Adjournment of parliament, i 187
Admeasurement of dower, ii 136 iii 183
pasture, iii 238
Administration, ii 489

cum testamento annexo, ii 504
de bonis non, ii 506

durante absentia, ii 503

durante minore aetate, ii 503 n

limited or special, ii 506

granted to creditor when executor out of

country, ii 505 n

Administrator, ii 496 iv 428

when privileged from arrest, iii 289 n
when pay costs, iii 400 n
Admiralty causes, iii 106

court of, iii 69 iv 268

no appeal from, to privy council, i 230 n
droits of, i 259 n

letters of marque granted by, ib
Admission of a clerk, i 390

to copyholds, ii 370

Admittendum clericum, writ ad, iii 250
Ad quod damnum, writ of, ii 271

A Advertising for stolen goods, iv 134
Adultery, iv 64 191

endeavouring to repeal, is treason, iv 82 n
how made, i 181

its ancient form, i 182

power, i 185

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private, i 86 ii 344 and n 345 n
public, i 85

when binding on the crown, i 261

Action at law, iii 116
chose in, ii 397

ex contractu, iii 117
delicto, iii 117

rights, &c. of wife guilty of, i 441
action, &c. for, iii 139 and n

Advocate, iii 26, see Counsel

canon law forbids clerks becoming, i 20 ■ *

Advocatus fisci, iii 27

Advowson, iv 426

in general, ii 21

cannot pass without deed, ii 22 n

is saleable, ii 22 n

tenant by curtesy of, ii 127 n

purchase of, not simoniacal, ii 279 n

Equitas sequitur legem, ii 330

Affectum, challenge propter, iii 363 iv 358
Affeerors of amercements, iv 380
Affidavit, in general, iii 304

to hold to bail in action, iii 287
in pleas in abatement, iii 302
Affinity, i 434

Affirmance of judgments, iii 411

1

Attorney at law, may appear for defendant in
misdemeanors, 111 25 n

no right to be present at examination of
client for felony, iii 25 n
Attorney, privileges of, iii 26 n
amenable to his court, ib n
who may be admitted, iii 26

how far responsible for errors, &c. ib
original writ against, iii 274 n

when privileged from ariest, iii 289 n
undertaking to appear for defendant, iii 290 n
not to disclose client's secrets on trial, iii
370 n

summary proceedings against, iv 284 n
Attorney-general, iii 27

information by, i 261 427 iv 308
Attorney, warrant of, to confess judgment, iii

397

Attornment, ii 72 288

when made, and use of, ii 290 n
Aubaine, droit de, i 372

Auctioneer, see Agent, Master and Servant,
Stakeholder

when not entitled to compensation, i 428 n'
Audita querela, writ of, iii 405 406 n
Auditors in account, iii 163

Averium, ii 424

Averment, iii 309 313 iv 340

Augmentation of vicarages and curacies, i 388
Aula regia, or regis, iii 38 iv 416 422
Aulnager, ii 275

Avowry, iii 149

Aurum reginae, i 220

Auter droit, ii 177

Auterfois acquit, iv 335 and a
attaint, iv 336 and n
convict, ib

Auter vie, tenant pur, ii 120
Authorities in law, i 72
Award, iii 16
Ayle, writ of, in 186
Bachelor, knight, i 404
Baeking warrants, iv 291
Bail above, iii 290
below, iii 291
common, iii 287
excepting to, iii 191
excessive, i 135 iv 297
in error, iii 410

justifying or perfecting, iii 291
refusing, iv 297

special, in 287

taking insufficient, iv 297

to the action, iii 290

to sheriff, iii 290 and n

affidavit to hold to, iii 287 n

when protected from arrest, iii 289 n
depositing money instead of, iii 290 n
surrender of defendant, ib 292

agreement with bailiff to put in, iii 290 n
in criminal cases, iv 296 and n

what offences bailable, ib 298

Bailment, law of, ii 451 n

1. depositum, or deposits, it

2. Mandatum, to do without recompense
3. Commodatum, loan for use, ib
4. Pignori acceptum, pawns, ib
5. locatum, hiring, ib
Bail-piece, iii 291 app 20

Baking, regulations as to baking, &c. of bread,
iv 157 and n 162 n

selling bad bread, iv 162 and n
'Ballot for jurors, iii 358
Balnearii, iv 239

Banishment, i 137 iv 377 401
Bank, i 327

misbehaviour of its officers, iv 234
einbezzlement by, iv 230 n
notes, forgery of, iv 248 and n
Bankers, embezzlement by, iv 230 n
forging their plates, iv 250 n

Banks of rivers, &c. destroying, iv 244 and a
Bankrupt, ii 471 iv 431 436

embezzling effects, iv 156 n
fraudulent bankruptcy, ib
Bankruptcy, ii 285 471

cognizance of, iii 428
fraudulent, iv 156

principles and objects of law, ii 471 n
statutes repealed, ib.

who may become bankrupt, it

acts of bankruptcy, ib

free from arrest, iii 289 n

fraudulent bankruptcy, iv 156 n
Banneret, knight, i 403

Banns, i 439

Bar of dower, ii 136

plea in, iii 306 iv 335 396

trial at, iii 352 iv 351

Bargain and sale of lands, ii 333 app 2
Bargemaster, action against, iii 164
Baron, i 398

and feme, i 433, see Husband and Wife
Baronet, i 403

Baronies, ii 62 90

of bishops, i 156

Barratry, iv 134

Barristers, see Advocate

hints to, i 23

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what to be done if offence not bailable, ib Base fees, ii 109

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