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Capras.

Session of

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 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 bailiwic, but that he take the said Peter Hunt, if he may be found in his bailiwic, and him safely keep, to answer 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 therein 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 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 recognise 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 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 execution against him: who nothing further saith, unless as he before had said. Judgment of WHEREUPON, all and singular the premises being seen, and by the said jus death, tices 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

Plea: not guilty. Issue.

Venire.

Verdict: guilty of murder.

(1) This averment is now rendered unnecessary. See 7 and 8 Geo. IV. c. 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. wards his body be dissected and anatomized.

SECT. 2. CONVICTION OF MANSLAUGHTER,

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 murHunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and der; guilty of manslaughter. 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 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 Clergy prayed. that he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. WHEREUPON, all and singular the premises being seen, and by the Judgment to said 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 im- the hand, and mediately 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

Kent; The King against

King George the Third.

THE PRISONER at the bar being brought into this court

delivered.

what he can

execution.

in custody of the sheriff of the county of Sussex, by virtue of his majesty's writ of habeas corpus, IT 18 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 for felony and attainted, by the name of Thomas Rogers, of felony for a robbery on the robbery. 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 Prisoner asked 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 say in bar of not the same Thomas Rogers in the said record of attainder, named, and Plea; not the against whom judgment was pronounced: and this he is ready to verify and same person. prove, &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 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, averring that and against whom judgment was pronounced as aforesaid; and this he he is. prayeth 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 behalf 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 behalf upon the said jury. AND immediately ereupon the said jury come Jury sworn. 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 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.

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cution.

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 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 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. On the motion of Mr. Attorney General.

By the Court. SECT. 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 further known.

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

JAMES EYRE, Recorder, (L. S.)

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 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.

INDEX,

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

Commentaries.

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ward, iii 141

wife, iii 139 and n

women, i 443 and n

or kidnapping, iv 219 and n
Abearance, good, security for, iv 251 256
Abeyance, il 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
cognizable in equity, iii 437
writ of, iii 162

Accroaching royal power, iv 76
Ac etiam, iii 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

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

its ancient form, i 182

power, i 185

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

Action at law, feodal, iii 117
mixed, iii 118
personal, iii 117
plea to, iii 303
property in, ii 396
real, iii 117 and n

for debt below 40s. in superior court, iii 36 n
in case of death from battery, iii 119 n
when lies after criminal prosecution, ib
when right of, merged in public offence, iv
6 notes

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

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 n
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 352
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

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i 428 n

contracts by, i 429 n
when liable, i 431 n

Aggregate corporation, i 469
fund, i 331

Agistment, ii 452
Agnati, ii 235

Agnus Dei, &c. iv 115
Agreement, see Contract
Agriculture, its original, ii 7
Aid-prayer, iii 300
Aids, feodal, ii 63 86
parliamentary, i 308

Air, right to, ii 14
Albinatus jus, i 372 374
Alderman, i 116

Alderney, island of, i 106
Alehouses, iv 64 168

Alfred, his dome-book, i 64 iv 411
Alias writ, iii 283 app 15 iv 319
Alienation, in general, ii 287
fine for, ii 71 iv 418
forfeiture by, ii 268 274 n
Alien priories, i 386 iv 113
Aliens, ii 249 274 293 iv 111
duty, i 314 316 372 374
who are, i 366 n

rights, &c. of, in general, i 366 371 nii 293 n
naturalization and denization, i 374 and n
when may vote at elections, i 174 n
duty on, i 314 316 372 374

petty custom, duty on, abolished, i 316 n
women entitled to dower, ii 131 n

as to descent, ii 249

alienation by, ii 274

may be grantee in a deed, but cannot hold, ii
274 n

purchase by, ii 293

may hold house or shop by agreement, ii 293 n
when contracts by, suspended by war, ii 401 n
when privileged from arrest, iii 289 n
præmunire, iv 110
Alimony, i 441 iii 94
Allegation, iii 100

Allegiance, i 366 iv 74

local, i 370

natural, i 369

oath of, i 367 iv 274

refusing it, iv 116

withdrawing from, iv 87
Allodial property, ii 47 60
Allodium, ii 105

Allowance of franchise, iii 263

pardons, iv 401, 402
writs of error, iv 392
to bankrupts, ii 483
Alluvion, ii 261 and n
Almanac, its authority, iii 333

selling unstamped, ii 420 n
Alteration of deeds, ii 308

Ambassador, king's prerogative as to, i 253
inviolability of, considered, i 254 n
cannot arrest servant of, i 256 n
arrest of, and servants, i 256 n iii 289 n
violation of privileges, iv 70 441
Amended bill in equity, iii 448
Amendment at law, iii 407 iv 439

Amercement, ii app 5 iii 376 app 25, 26 17

379 423

action for, iii 159
American colonies, i 107

transportation to, iv 401
Ancestor, ii 209

Ancestors, how numerous, ii 203
Ancestral actions, iii 186

Anchors, injuries, &c. to, iv 245 n
Ancient lights, ii 402

demesne, i 286 ii 99

Animals, see Cattle, Game

property in, ii 5

monkey and parrot, property in, ii 391 n
rooks, disturbing them, ii 393 n

what protected by statutes, ib
dogs, law relating to, ii 393 n
mischief by tame, iii 153 n
larceny of, iv 235 ii 393 n
maiming of, iv 244 246
Animus furandi, iv 230 232
revertendi, ii 392

Annual parliaments, i 153
Annuities, what, ii 40

for lives, ii 461

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