Capias. Session of goal delivery. Arragument. Plea: not guilty. Issue. 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 and murder whereof he stands indicted. Which said indictment 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 Staf ford 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 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, 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 Light horne, 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 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 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 aforeVerdict: guilty said, 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 further saith, unless as he before hath 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 be dead; and that afterwards his body be dissected and anatomized. Venire. of murder. Judgment of death, and dissection. Verdict: not guilty of mur der; guilty of manslaughter. SECT. 2. CONVICTION OF MANSLAUGHTER. upon their oath say, that the said Peter Hunt is not guilty of the murder aforesaid, above charged upon him; but that the said Peter Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and that he 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 (1) This averment is now rendered unnecessary. 387, n. (7) See 7 and 8 Geo. IV, c. 28; ante, p nowledge 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 prayed. clergy to be allowed him in this behalf. Whereupon, all and singular the premises Judgment to being seen, and by the said justices here fully understood, it is considered by the be burned in court here, that the said Peter Hunt be burned in his left hand, and delivered. the hand, and And immediately he is burned in his left hand, and is delivered, according to the form of the statute. (3). SEC. 3. ENTRY OF A TRIAL INSTANTER IN THE COURT OF KING'S BENCHI, Michaelmas Term, in the Sixth Year of the Reign of King George the Third. Kent; The King against Thomas Rogers. } THE PRISONER at the bar being brought into this court delivered. in bar of execu tion. averring that in custody of the sheriff of the connty of Sussex, by 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 robbery. read to him, is now asked by the court here what he hath to say for himself, Prisoner asked why the court here should not proceed to award execution against him what he can say upon the said attainder. He for plea saith, that he is not the same Thomas Rogers in the said record of attainder named, and against whom judgment Plea; not the was pronounced: and this he is ready to verify and prove, &c. To which said same person. plea the honorable Charles Yorke, esquire, attorney-general of our present sov- Replication, ereign 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 record of attainder named, and against whom judgment was pronounced as he is. aforesaid; and this be prayeth may be inquired into by the country; and the said Issue joined. prisoner at the bar doth the like: Therefore let a jury in this behalf immediately Venire awarded come here into court, by whom the truth of the matter will be the better known, intanter. and who have no affinity to the said prisoner, to try upon their oath, whether the said prisoner at the bar be the samne 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 Jury sworn 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 verdict: that as aforesaid, in manner and form as the said attorney-general hath by his said he is the same, 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, execution. 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 afosesaid; 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. (2) See preceding note. By the Court. (3) Benefit of clergy and burning in the hand being now abolished: sce 6 Geo. IV, c. 25; and 8 Geo. IV, c. 23, ante, p. 374, n (8) this form will require alteration accordingly. Award of VOL. II.-72, 569 570 SECT. 4. WARREN OF EXECUTION ON Judgment of DEATH, AT THE GENERAL GAOL DELIVERY IN LONDON AND MIDDLESEX. London and Middlesex. Whereas, at the session of gaol delivery of Newgate, for the city of Londor county of Middlesex, holden at Justice Hall, in the Old Bailey, on the nineteeth day of October last, Patrick Mahony, Roger Jones, Charles King and Mary Smith received sentence of death for the respective offences in their several indietments mentioned: Now it is hereby ordered, that execution of the said sentence be made and done upon them, the said Patrick Mahony aud 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 further known. To the sheriffs of the city of London; and to the sheriff of GIVEN under my hand and seal, this fourth day of November, one thousand [L. S.] SECT. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, BEFORE THE KING OF PARLIAMENT. GEORGR 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 sail 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 Earls 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 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 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. GENERAL INDEX. Abandonment of right gained by prescription, ii, J, 36, n., 264, n. of bastard children, i, 458. plea in, iii, 301. not admitted in partition suit, iii, 302. to indictment, iv, 334. of suit in equity, iii, 448. of nuisance, iii, 5, 220 and n. Abbey lands, molesting possessors of, iv, 116. Abbots, i, 155. Abbreviations in legal proceedings, iii, 323. Abduction of wife, iii, 139. of child, i, 140. and marriage of women, i, 443. of heiress, iv, 203. of girl under fourteen, iv, 16. or kidnapping, iv, 219. A bearance, security for, iv, 251–257. Abettors, iv, 34, 323. Abeyance of the freehold, ii, 107. A biegi, or cattle stealers, iv, 239. of the realm, i, 132; iv, 55, 124, 332, 377. Abroad, homicide committed, iv. 269, n. limitation upon, in America, i, 125, n. Absolute property, ii, 389. Absolute rights and duties, i, 123. Accedas ad curiam, iii, 24. Acceptance of bills, ii, 468. Access, presumption of, i, 457. Accessories, iv, 35. before the fact, iv, 36, 39. after the fact, iv, 37, 39. Accession, title by, ii, 404. Accident, remedy in case of, iii, 431. Accomplices, discovery of, iv, 330, 331. (See "Accessories.") Accord and satisfaction, iii, 15. tender of satisfaction, iii, 16 and n. books of, when evidence, iii, 368. of fine, ii, 350. Act of bankruptcy, ii, 477. in the United States, ii, 477, n. Act of grace or pardon, i, 184; iv, 396. Act of indemnity, i, 136. Act of parliament, i, 85. its ancient form, i, 182. its authority, i, 186. when binding on the crown, i, 261. disobedience to, iv, 122. endeavor to repeal by intimidation, iv, 82, n. Action, chose in, ii, 290, 396. Action at law, iii, 116. feudal, iii, 117. personal. ib. mixed, iii, 118. for matter arising abroad, ii, 394. for civil injury in case of felony, iii, 119. on the case, iii, 122, 209, 222, 226; iv, 442. of replevin, iii, 146. of trover, iii, 151. of debt, iii, 155. of covenant, iii, 156. of assumpsit, iii, 157 et seq. possessory, iii, 180. popular, ii, 437. what rights of may not be assigned, ii, 290. Additions of estate, &c., persons to be styled by, i, 407. Admiralty, proceedings in, in, 108. suit for beaconage may be brought in it,iii, 107. trial of offences in, iv, 268, 269, n. Albinatus jus, i, 372. Alehouses, offences in, iv, 64, 168. his dome-book, i, 64, 66, 114; iv, 411. Alien priories, i, 386; iv, 113. Alienation of mind of Geo. III, i, 248, n who may alien and to whom, ii, 290. of rights of action, &c., ii, 290. by devise, ii, 373. by special custom, ii, 365. conditions in restraint of, ii, 157, n, disabilities of, i, 371. duty on, i, 315, 372. may take, but cannot hold lands, ii, 249, 274, merchants and artificers, leases to, ii, 293. descent through, ii, 226, n. royal grant to, ii, 347. naturalization and denization of, ii, 249. enemy, prize of goods, ii, 401. præmunire by, iv, 111. enemies, i, 373, n.; iii, 132, n. Alimony, i, 441. suit for, iii, 94. none allowed in case of divorce for adult'y, id. Allegiance, i, 366, 369, n.; iv, 74. local, i, 370. natural, i, 369, 370, n. oath of, i, 367–369; iv, 273. refusing oath of, iv, 116. withdrawing from, iv, 87. seducing soldiers or sailors from, iv, 102, n. Allodial property, ii, 47, 60. Allodium, derivation and nature of, ii, 45, 47, Allowance of franchise, iii, 263. of pardon, iv, 401, 402. of writs of error, iv, 392. Alluvion, title to, ii, 261, 262, n. Almanac, inspection of, iii, 333. Alteration of deeds, ii, 308. Ambassadors, how appointed, i, 253. their privileges, i, 254-256. violation of privilege of, iv, 70, 441. Amendments of pleadings, history of the doo- trine of, iii, 408. of variances in indictments, iv, 439. transportation to, iv, 401. American states, how constitutions of, differ |