APPENDIX.

SECT. 1. RECORD OF AN INDICTMENT AND CONVICTION OF MURDER,

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AT THE ASSIZES.

Warwickshire, BE IT REMEMBERED, that at the general session of the lord the Session of over to wit, king of oyer and terminer holden at Warwick, in and for the and terminer. said 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 Sir Michael Foster, knight, one of the justices of the said lord the king assigned to hold pleas before the king himself, Sir Edward Clive, knight, one of the justices of the said lord the king, of his court of common bench, and others their fellows, justices of the said lord the king, assigned by letters patent of the said lord the king, under his great seal of Great Britain, made to them Commission of the aforesaid justices and others, and any two or more of them, (whereof one of them the said Sir Michael Foster and Sir Edward Clive, the said lord the king would have to be one) to inquire (by the oath of good and lawful men of the county aforesaid, 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 the treasons, misprisions of treasons, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the moneys of Great Britain, and of other kingdoms or dominions whatsoever; and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligencies, concealments, maintenances, oppressions, champerties, deceits, and all other misdeeds, offences, and injuries whatsoever, and also the accessories of the same, within the county aforesaid, as well within liberties as without, by whomsoever and howsoever 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 said letters patent of the said lord the king specified; the premises, and every or any of them howsoever concerning; and for this time to hear and determine the said trea- oyer and tersons and other the premises, according to the law and custom of the realm of miner, England; and also keepers of the peace, and justices of the said lord the king assigned to hear and determine diverse felonies, trespasses, and other mis- and of the demeanors committed within the county aforesaid, by the oath of Sir James peace. Thompson, baronet, Charles Roper, Henry Dawes, Peter Wilson, Samuel Rogers, John Dawson, James Phillips, John Mayo, Richard Savage, William Grand jury. Bell, James Morris, Lawrence Hall, and Charles Carter, esquires, good and lawful men of the county aforesaid, then and there impanelled, sworn, and charged to inquire for the said lord the king and for the body of the said county, it is presented; That Peter Hunt, late of the parish of Lighthorne in Indictment. the said county, gentleman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 5th day of March, in the said second year of the reign of the said lord the king, at the parish of Lighthorne aforesaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the said lord the king, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said Peter Hunt, with a certain drawn sword, made of iron and steel, of the value of five shillings, which he the said Peter Hunt in his right hand then and there had and held, him the said Samuel Collins, in and upon the left side 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 said Samuel Collins, then and there, with the sword drawn as aforesaid, in and upon the left side of the belly of him, the said Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which said mortal wound he the said Samuel Collins, at the parish of Lighthorne aforesaid, in the said county of Warwick, from the said Afth day of March in the year aforesaid, until the seventh day of the same month in the same year, did languish, and languishing did live; on which said 1589

Capias.

Plea: not guilty.

Issue.

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 and form aforesaid, 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 bailiwick, but that he take the said Peter Hunt, if he may be found in his bailiwick, and him safely keep, to answer to the felony Session of gaol and murder whereof he stands indicted. Which said indictment the said jusdelivery. tices 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 honorable 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 therein being, by their proper hands to deliver here in court of record Arraignment. in form of the law to be 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 custody 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 being 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 county 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 fellows 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 recognize upon their oath, whether the said Peter Hunt be guilty of the felony and murder in the indictment aforesaid above specified, 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 Aurors 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 preVerdict: guilty mises, 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 justice and execution against him: who nothing farther saith, unless as he before hath said. Where upon 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 ensu ing, being the ninth day of this instant August, and there be hanged by the and dissection. neck, until he be dead; and that afterwards his body be dissected and anatom. ized.

Venire.

of murder.

Judgment of death

(1) This averment is now rendered unnecessary. See 7 and 8 Geo. IV, e. 28; ante, p. 887, n. (7)

SECT. 2. CONVICTION OF MANSLAUGHTER.

upon their oath say, that the said Peter Hunt is not guilty of Verdict: not the murder aforesaid, above charged upon him; but that the said Peter Hunt guilty of mur is guilty of the felonious slaying of the aforesaid Samuel Collins; and that he der: guilty of manslaughter. had not nor hath any goods or chattels, lands, or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this time, 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 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, all and Clergy prayed. singular the premises being seen, and by the said justices here fully under- Judgment to stood, it is considered by the court here, that the said Peter Hunt be burned in be burned in the hand, and his left hand, and delivered. And immediately he is burned in his left hand, delivered. and is delivered, according to the form of the statute. (3)

SEC. 3. ENTRY OF A TRIAL INSTANTER IN THE COURT OF KING'S BENCH,
UPON A COLLATERAL ISSUE AND RULE OF COURT FOR EXECUTION
THEREON.

execution.

Michaelmas Term, in the Sixth Year of the Reign of King George the Third. 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 ordered Habeas corpus. that the said writ and the return thereto be filed. And it appearing by a Record of atcertain record of attainder, which hath been removed into this court by his tainder read, 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 for felony and said prisoner at the bar having heard the record of the said attainder now read robbery. to him, is now asked by the court here what he hath to say for himself, why Prisoner asked the court here should not proceed to award execution against him upon the what he can said attainder. He for plea saith, that he is not the same Thomas Rogers in say in bar of the said record of attainder named, and against whom judgment was pro- Plea: not the nounced: and this he is ready to verify and prove, &c. To which said plea same person. the honorable Charles Yorke, esquire, attorney-general of our present sovereign Replication, lord and 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 re- averring that cord of attainder named, and against whom judgment was pronounced as afore- he is. said; and this he prayeth may be inquired into by the country; and the said pris- Issue joined. oner at the bar doth the like: Therefore let a jury in this behalf immediately Venire awardcome here into court, by whom the truth of the matter will be the better ed instanter. 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, attorneygeneral 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 Jury sworn. 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 Verdict: that Rogers in the said record of attainder named, and against whom judgment he is the same. was so pronounced as aforesaid, in manner and form 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 attorney-general, on behalf

of our said lord the king, now prayeth that the court here would proceed to Award of award execution against him, the said Thomas Rogers, upon the said attainder. execution. 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 judg ment, 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

(2) See preceding note.

(3) Benefit of clergy and burning in the hand being now abolished: see 6 Geo. IV, c. 25; and 8 Geo. IV, c. 28, ante, p. 374, n. (8) this form will require alteration accordingly.

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.

SEC. 4. WARRANT OF EXECUTION ON JUDGMENT OF DEATH, AT THE GENERAL 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 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. 8.] SECT. 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 hath 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 till 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 his deputy directed, we have commanded) into your custody you then and 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 he 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.

1592

YORKE and YORKE.

GENERAL INDEX.

References are to star paging.

Abandonment of right gained by pre- Accessories, iv, 35.

scription, ii, 9, 36, n., 264, n.
of bastard children, i, 458.
Abatement, an injury to real property,
iii, 167.