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SECT. 1. RECORD OF AN INDICTMENT AND CONVICTION OF MUrder, at the
and le miner.
BE IT REMEMBERED, that at the general session of the lord Session of oper the king of oyer and terminer holden at Warwick in and for the 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 Commission es Great Britain, made to them 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 all 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, negligences, 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 treasons and over and ber other the premises, according to the law and custom of the realm of Eng- miner, land; and also keepers of the peace and justices of the said lord the king, and of the pac assigned to hear and determine divers felonies, trespasses, and other misdemeanours committed within the county aforesaid, by the oath of Sir James Thomson, baronet, Charles Roper, Henry Dawes, Peter Wilson, Samuel Grand jury Rogers, John Dawson, James Phillips, John Mayo, Richard Savage, William Bell, James Morris, Laurence 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 Light- Indictmen horne, in 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 fifth 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 Samel 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, s'ab, and penetrate; giving unto the said Samuel
Session of gaol
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 fifth 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 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, felouiously, 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 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 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 Plea: not guilty. 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 Verdict: guilty 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 exe cution against him: who nothing further saith, unless as he before had said.
1 This averment is now rendered unnecessary. See 7 & 8 Geo. IV. c. 28, § 5.
WHEREUPON, all and singular the premises being seen, and by the st.id Judgment o justices here fully understood, IT IS CONSIDERED by the court here, that the death, 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 and dissection. August, and there be hanged by the neck until he be dead; and that afterwards his body be dissected and anatomized.
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 guilty of murder. guilty of man Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and slaughter 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 that Clergy prayed 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 be said justices here fully understood, IT IS CONSIDERED by the court here that band, and de the said Peter Hunt be burned in his left hand and delivered. And im- livered. 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
Michaelmas Term, in the Sixth Year of the Reign of King George the Third.
Kent; The King in custody of the sheriff of the county of Sussex, by
burned in the
in bar of exe
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 attain certain record of attainder, which hath been removed into this court by his der 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 for felony and the said prisoner at the bar having heard the record of the said attainder Prisoner asked now read to him, is now asked by the court here what he hath to say for what he can say himself why the court here should not proceed to award execution against cution. him upon the said attainder. He for plea saith that he is not the same Plea: not the Thomas Rogers in the said record of attainder named, and against whom same person. judgment was pronounced; and this he is ready to verify and prove, &c. To which said plea the honourable Charles Yorke, esquire, attorney-general Replication, 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 averring that be same Thomas Rogers in the said record of attainder named, and against whom judgment was pronounced as aforesaid; and this he prayeth may be inquired into by the country; and the said prisoner at the bar doth the like: Issue joined. THEREFORE let a jury in this behalf immediately come here into court, by whom the truth of the matter will be the better known, and who have no Venire awarded affinity to the said prisoner, to try upon their oath whether the said prisoner instanter. 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 Jury sworn. 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 Verdict: that me in the said record of attainder named, and against whom judgment was so pronounced as aforesaid, in manner and form as the said attorney-general
1 See preceding note.
Benefit of clergy and burning in the hand being now abolished, (see 6 Geo. IV. c. 25. 7 & 8 Geo. IV. ⚫. 28,) this form will require alteration accordingly.
is the same.
Award of exesation.
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 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
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 exe cution 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
GEORGE the Second, by the grace of God, of Great Britain, France, and
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.
SECTION II.-Of the Nature of Laws in
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? 39.
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? 43. 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.
18. With whom lies the right to make laws in every government? 52.
14. Of what four parts may every law be said to consist? 58, 54.
15. Wherein consists the difference between those things prohibited by the law which are mala in se, and those which are mala prohibita? 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. 1. INTO what two kinds may the municipar ano of England be divided? 63.
2. What does the first of these kinds of law include? 63.
3. Where is it to be found? 63, 64.
4. Of what degree of antiquity must its maxims and customs be, to entitle them to validity'
5. Into what three kinds is it distinguishable? 6. How are its customs or maxims to be known; and by whom is their validity to be determined? 69.
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 jurisdictions? 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 distinguishable 85 86.