Sivut kuvina
PDF
ePub

436 PUBLIC WRONGS. Воок IV. strongly raised, and so highly finished, it is hard to speak with that praise, which is justly and severely it's due : --- the thorough and attentive contemplation of it will furnish it's best panegyric. It hath been the endeavour of these commentaries, however the execution may have succeeded, to examine it's solid foundations, to mark out it's extensive plan, to explain the use and distribution of it's parts, and from the harmonious concurrence of those several parts to demonstrate the elegant proportion of the whole. We have taken occafion to admire at every turn the noble monuments of antient simplicity, and the more curious refinements of modern art. Nor have it's faults been concealed from view; for faults it has, lest we should be tempted to think it of more than human structure: defects, chiefly arifing from the decays of time, or the rage of unskilful improvements in later ages. To sustain, to repair, to beautify this noble pile, is a charge intrusted principally to the nobility, and such gentlemen of the kingdom, as are delegated by their country to parliament. The protection of THE LIBERTY OF BRITAIN is a duty which they owe to themselves, who enjoy it; to their ancestors, who transmitted it down; and to their posterity, who will claim at their hands this, the best birthright, and noblest inheritance of mankind.

THE END.

APPENDIX.

§. I. RECORD of an Indictment and Conviction of MURDER, at the Assises.

Warwickshire, } it remembered, that at the general feffion of the Sefion of gyer

lord the king of oyer and terminer holden at War- and terminer.

wick, in and for the faid 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 fir Michael Fofter, knight, one of the justices of the said lord the king assigned to hold pleas before the king himself, fir Edward Clive, knight, one of the justices of the faid lord the king of his court of common bench, and others their fellows, justices of the said lord the king, assigned by letters pa- commiffion of tent of the faid lord the king, under his great feal of Great Britain, made to them the aforesaid justices and others, and any two or more of them, whereof one of them the faid fir Michael Foster and fir Edward Clive, the faid lord the king would have to be one, to enquire (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 monies 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, oppreffions, champarties, deceits,

eyer

Grand jury.

Indictment.

deceits, and all other misdeeds, offences, and injuries whatsoever, and also the accessories of the fame, 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 faid letters patent of the said lord the king specified, the premises and

and terminer, every or any of them howsoever concerning; and for this time to hear and determine the said treasons and other the premises, according to and of the peace. the law and custom of the realm of England; and also keepers of the peace, and justices of the faid lord the king, affigned to hear and determine divers felonies, trespasses, and other misdemesnors committed within the county aforesaid: by the oath of fir James Thompson, baronet, Charles Roper, Henry Dawes, Peter Wilson, Samuel Rogers, John Dawson, James Philips, 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 enquire for the said lord the king and for the body of the faid county, it is presented, that Peter Hunt, late of the parish of Lighthorne in the faid 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 faid second year of the reign of the faid 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 faid lord the king then and there being, feIoniously, wilfully, and of his malice aforethought, did make an affault; 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 faid Peter Hunt in his right hand then and there had and held, him the said Samuel Collins in and upon the left fide 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 faid Samuel Collins, then and there, with the sword drawn as aforesaid, in and upon the left fide 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 faid mortal wound he the said Samuel Collins, at the parish of Lighthorne aforesaid in the said county of Warwick, from the faid fifth day of March in the year aforesaid until the seventh day of the same month in the fame year, did languish, and languishing did live; on which faid seventh day of March, in the year aforesaid, the faid Samuel Collins, at the parish of Lighthorne aforesaid in the county aforesaid, of the faid mortal wound did die: and so the jurors aforesaid, upon their oath aforesaid, do say, that the faid 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

lord the now king, his crown, and dignity. Whereupon the sheriff of Capias. 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 fafely keep, to answer to the felony and murder whereof he stands indicted. Which said indictment the said justi- Seffion of gaolces of the lord the king abovenamed, afterwards, to wit, at the deli- delivery. very of the gaol of the said lord the king, holden at Warwick in and for the county aforesaid, on Friday the fixth day of August, in the faid second year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief justice of the faid lord the king assigned to hold pleas before the king himself, fir Sidney Stafford Smythe, knight, one of the barons of the said lord the king, and others their fellows, justices of the faid lord the king, assigned to deliver his faid gaol of the county aforesaid of the prisoners therein being, by their proper hands do deliver here in court of record in form of law to be determined. And afterwards, to wit, at the same delivery of the gaol Arraignment. of the faid lord the king of his county aforesaid, on the faid Friday the fixth day of August, in the said second year of the reign of the faid lord the king, before the said justices of the lord the king last abovenamed and others their fellows aforesaid, here cometh the faid 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 faith, that he is not guilty there- Plea; not guilty. of; and thereof for good and evil he puts himself upon the country: Iffue. And John Blencowe, esquire, clerk of the assises for the county aforefaid, who prosecutes for the faid lord the king in this behalf, doth the like: Therefore let a jury thereupon here immediately come before venire. the said juftices of the lord the king last abovementioned, and others their fellows aforesaid, of free and lawful men of the neighbourhood of the faid 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 faid Peter Hunt, to recognize upon their oath, whether the faid Peter Hunt be guilty of the felony and murder in the indictment aforesaid above specified, or not guilty: because as well the faid John Blencowe, who profecutes for the faid 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 Lyon, James White, William Bates, Oliver Green, Bartholomew Nash, and Henry

:

of murder.

Henry Long, being called, come; who being elected, tried, and fworn, to speak the truth of and concerning the premises, upon their Verdict; guilty 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 faid Peter Hunt at the time of committing the faid felony and murder, or at any time fince to this time, had not nor hath any goods or chattels, lands or tenements, in the faid county of Warwick, or elsewhere, to the knowlege of the faid jurors. And upon this it is forthwith demanded of the faid Peter Hunt, if he hath or knoweth any thing to say, wherefore the faid juftices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him : who nothing farther faith, unless as he before had faid. Whereupon, all and fingular the premises being seen, and by the faid justices here fully understood, it is considered by the court here, that the faid Peter Hunt be taken to the gaol of the faid lord the king of the faid 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 inand diffection. stant August, and there be hanged by the neck until he be dead; and that afterwards his body be dissected and anatomized.

Judgment of death,

Verdict; - not

§. 2. Conviction of Manslaughter.

upon their oath say, that the faid Peter Hunt is not guilty guilty of murder of the murder aforesaid, above charged upon him; but that the faid

guilty of manflaughter.

Clergy prayed.

Judgment to be

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 knowlege of the said jurors. And immediately it is demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the faid juftices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who faith that he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. Whereupon, all and fingular the premises being feen, and by the said justices here fully understood, it is considered by the court here, that 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.

burned in the

hand, and delivered.

§. 3. Entry

« EdellinenJatka »