114 f. 4 114 f. 5 LINEN.-Vide Clergy, No. 78. LIVING. The different manner of fetting forth live ing and dead things in an indictment Page 333 5 For what caufes a court leet may be LONDON.-Vide Outlawry No. 50. forfeited 6 What ought to be the form of the caption of an indictment in the court leet 114, 115 7 This court has now fallen into difufe 115 (N) LETTER S.-Evidence, Where treasonable letters are laid as the overt act of high treafon in compaffing the king's death, and the purport of fuch letters only is fet forth, the particular letters may be read at the trial LIBEL. 1 An alderman of London is not compellable to be a conftable; for his exemption is neceffary for the good government of the city 100 f. 40 2 Formerly only the London furgeons were exempted from the office of conftable, fed vide 18 Geo. z. c. 15. f. 10 3 6164 101 No vifne can come from the city of London generally by reafon of its extent; and the conftant ufage is to fhew in what ward and parish in London a fact is done 265 But it is a fufficient addition to name a defendant generally of London, &c. without more 273 f. 120 5 Whether a certiorari will lie to the courts of London (Vide Certiorari, No. 26, 27.) 6 7 407 A return of the tenor of an indictment from London is good on a certiorari to return the indictment itself 420 1.76 London cannot join with other counties in taking an inqueft 457 8 The juftices of peace and coroners within the city of London and county of Middlesex, &c. fhall have the fame authority to let to bail felons and prifoners as before, 1 & 2 Phil. & Mary, c. 13. 163 9 The want of freehold is a good challenge to a juror in London, &c. 583 10 For high treason every juror in London ought to have fuch freehold or copyhold as is required by 4 and 5 Will. & Mary 587 11 By 3 Geo. 2. c. 25. jurors for the trial of any iffue in London fhall be householders, and be worth 100l. perfonal property 586 12 By 4 Geo. 2. c. 7. leafeholders of 3 F 3 501. MAINPRIZE.—Vide Appeal, No. 31.1 If the county in which the fact to be and Bail, No. 1. 38. 40.' tried was committed, be alledged in the margent of the indictment, the particular vill in which the offence is laid fhall be intended within the county 314 2 Sed quere, except fuch vill be exprefsly alledged to be in the county named in the margent, or in the county aforefaid ibid. MANSLAUGHTER.-Homicide. Mur- 3 A clergyman convicted of manslaughter, 4 Whether by 3 Hen. 7. c. 1. 8 clerk convicted of manslaughter fhall be com MELIUS INQUIRENDUM.-Vide Co-1 No indidee can take any advantage of 3 The king's meffengers are not officers within the protection of the ftatutes of 7 Jac. 1. c. 5. 21 Jac. 1. c. 12. and 24 Geo. 2. c. 44 the ant, except that of the furname, is equally fatal in an indictment as in an appeal ibid. A misnomer of the defendant's name of baptifm may be pleaded in abatement ibid. Outlawry may be avoided, upon the defendant's coming in upon the capias utlagatum and pleading a misnomer, either of the name or addition, in the writ 653 In what cafes a writ of appeal may be abated for a misnomer 269 f. 103 MISRECITAL. 61f. 40 (N) 1 What mifrecitals of a ftatute upon which 366 f. 143 3 An information will not lie for mifprifion of high treason 4 By 33 Hen. 8. c. 23. mifprifion of 3 treafon being confeffed or examined by the privy council, may be tried in any 4 County 569 5 Whether a peremptory challenge is allowed in mifprifion of treafon 581 6 The judgment in mi prision of high treafon, is imprisonment during life, for-5 feiture of all goods and the profits of lands MITTIMUS.-Vide Bail. Commitment. MONK.-Appeal, No. 251. MONOPOLY. 551 But it is faid that the king might, before 1 Will. & Mary, c. 2. have dif pensed with the ftatutes of mortmain ; Jed quere MURDER. 552 Whether the sheriff in his torn may in quire of the death of a man If a murder be not expressly laid and proved to have been done of malice prepenfe, &c. the offender shall have his clergy 480 In what cafes murder is excluded from clergy 489 If an indictment or appeal be made to alledge that the party was murdered at the time only when he received the wound, it is repugnant and void 263-325 An acquittal of murder will be a good bar to a fubfequent indictment of petty 632 treafon 527 6 An appeal of death cannot amount to murder without the word murdravit 258. 320 7 In an appeal, the word murdrum in the count was amended by the bill on the file 278 8 What is particularly required in a pardon of murder (Vide Pardon) 545, 546 9 Murder is one offence, and being acceffary to it is another; therefore the word murder in 33 Hen. 8. c. 23. which authorises murder, when confeffed or examined before the privy council, to be tried in a foreign county, shall not extend to acceffaries 569 f. 4 10 On an indictment of murder ex malitia præcogitata, evidence of malice im plied is fufficient 11 The declarations of the deceased after the mortal wound given, and while he is in extremis, are, on a trial for the murder, Where a difpenfation was introductive of a monopoly, it was unlawful 551 MONTH.-Vide Indiament. MORTMAIN. 1 Mortmains and purprestures, as being offences of a public nature, are inquir 618 3 If a prifoner refufes to put himself upon God and his country, or by God and his peers, or to wage battel where fuch trial is allowed, after having pleaded, it is a standing mute ibid. 4 The opinions of crown lawyers whether a priforer who peremptorily challenged above the number allowed by law was to be dealt with as with one that ftands mute, or to be hanged 461 f. 2 A prifoner who thus perverfely and obftinately offends in high treafon is ipfo facto attainted; and in felony the challenge fhall be overruled 461 (N) 6 He who demurs in law to an indictment or appeal fhall not be esteemed to stand mute 461, 462 After a prifoner hath confeffed, or pleaded, and put himself on his country, he shall not be confidered to fland mute in respect to his fubfequent filence 462 f. 4 5 8 Sed quere, where a man does not confels, but pleads not guilty, and afterwards ftands mute, whether he shall not be put to his penance 462 f. 4, Note in marg. 9 Where a prifoner makes no anfwer at all, the court fhall take an inquest of office, by the oath of any twelve perfons that happen to be prefent, whether he do fo of malice or by the act of God Page 462 f. 5 10 If after iffue joined, and the jury are charged, the landing mute fhall be tried by the jury, and not by an inqueft of office ibid. 11 If a man anfwers, but not effectually, no inqueft is neceffary, for his malice is apparent 462 f. 6 12 Where the prifoner is found to ftand mute by the act of God, the court fhall cause the felony to be inquired of, and whether the prifoner be the fame perfon, and fhall fee into whatever may be neceffary for his defence 462 f. 7 13 Such inquiry fhall not be made by an inqueft of office, but by a jury returned by the fheriff in the fame manner as if the defendant had pleaded ibid. 14 Wherever a perfon attainted ftands mute to the demand of execution, he shall not be sentenced to penance, but to execution 463 f. 8 15 If fuch an offender hath always continued in prifon after his attainder, no inqueft is neceffary to prove his identity; but where a perfon attainted be retaken after an escape, and ftand mute to the demand of execution, it shall be inquired whether it is of malice or by the act of God, and in the latter find. ing then whether he be the fame perfon or not 463, 464 16 Standing mute upon high treafon is equivalent to a conviction 464 f. 9 17 If a man appear to ftand obftinately mute on an arraignment for petit lar ceny, he fhall have the like judgment, &c. as if he had confeffed the indict464 f. 10 ment 18 By 33 Hen. 8. c. 12. any perfon ftanding obftinately mute upon an arraignment for any of the offences mentioned in the act, fhall have the like judgment, &c. as if he were found guilty 464 f. 11 19 What is to be done to an appellee who ftands mute on his arraignment 464, 465 20 By ftat. Weft. notorious felons, &c. who will not put themselves on inquefts, fhall have strong and hard imprisonment 465 f. 13 |