with water and tea, which the said

was then and there

going to drink, and did drink, whereby he became and was violently distempered and in danger of losing his life,] against the peace, &c.

No. 24. The like, for going into France during War, without Licence from the King.

[For that he the said being a subject of his majesty, hath during the present war with France, unlawfully and voluntarily gone into France without licence from his majesty, under his sign manual, or by order in council, or proclamation first had and obtained for that purpose,] contrary to the statute in such case made and provided; therefore safely keep, &c.

No. 25. The like, for assisting French Prisoners to Escape, by conveying them across the Country.

three

[With a certain misdemeanor, that is to say, with unlawfully and knowingly carrying and conveying French prisoners of war,

to

from

in the county of

in the county of

in order and with

intent to enable and assist them to escape out of and from this kingdom into parts beyond the seas,] against the peace, &c.

No. 26. The like, for assisting French Prisoners of War to escape out of Prison, and conveying them.

[For a certain misdemeanor, in unlawfully, disloyally, and wickedly aiding and assisting and three other French prisoners of war to escape and go at large, from and out of the limit in which they were detained, and conducting them from in the county of in the said county, and harbouring, maintaining, and concealing them in order to enable and assist them to escape and go at large, from and out of this kingdom into parts beyond the seas,] against, &c.

to

No. 27. The like, for aiding the Escape of French Prisoners on their Parole.

aforesaid, to

their parole of honour and accompanying the said prisoners from in the said county, with intent to aid and assist them in making their escape from this country to France,] against the peace, &c.

No. 28. The like, for assisting a Prisoner of War to escape generally out of the Realm.

he the said

[With unlawfully and wilfully aiding and assisting the said being a prisoner of war, to attempt to make his escape from and out of this kingdom into foreign parts,] against the peace, &c.

For other forms of commitments for misdemeanor, see their several titles.

MURDER.

No. 1. Commitment for Wilful Murder, against Principals in the First and Second Degree.

to wit, the said

for

[Commence as form No. 1. &c. p. 264. Vol. I.] For being guilty of the wilful murder of feloniously, wilfully, and maliciously firing a pistol loaded with gunpowder and ball at the said and giving him one mortal wound, of which he instantly died; and the said and for being present, aiding and abetting in the said fact,] against the peace, &c.

No. 2. The like, for Murder, by giving Mortal Wounds.

[For the wilful murder of one

by feloniously assault

ing the said and giving him several mortal wounds, of which said mortal wounds he languished a short time, and then died,] against the peace, &c.

No. 3. The like, on suspicion of Wilfully driving a Hackney Coach over a Child, and killing him.

by

of

[On suspicion of wilfully driving his hackney-coach, drawn horses over the body of an infant, of the age years, daughter [or son] of and thereby violently wounding and bruising her [or him] of which wounds and bruises she languished and died,] against the

peace, &c.

No. 4. The like, for feloniously administering Poison, ander 43 Geo. 3. c. 53. s. 1.

[With feloniously, wilfully, maliciously, and unlawfully administering to a certain deadly poison, called arsenic, thereby to murder,] against the

with intent the said statute, &c.

No. 5. The like, for Maliciously Shooting, under 43 Geo. 3.

ing at

c. 58.

[For feloniously, wilfully, maliciously, and unlawfully shootwith a certain gun loaded with gunpowder and leaden shot, on the 14th day of May, instant, at the parish of in the said county,] against the statute, &c.

No. 6. The like, in another form.

[Being charged before me of felony, in wilfully and maliciously presenting and levelling a loaded gun, and in attempt.. ing by drawing the trigger thereof, to discharge the same at with an intent to do him some bodily harm,] against

the statute, &c:

No. 7. The like, for aiding and abetting in the like

Offence.

[Being charged before us of felony, in being an aider and abettor in presenting and levelling a loaded gun, and attempting by drawing the trigger thereof, to discharge the same at with an intent to do him some bodily harm,] against the statute, &c.

OATHS.

JEWS should be sworn on the Old Testament, and they are allowed to put on their hats when sworn; a Mahometan on the Koran; and a Gentoo, according to his religion, after performing the fantastic ceremonies which their wild superstitions require.

It is immaterial what the particular opinions are of persons professing Christianity, as far as regards the taking of an oath; it is only necessary that they believe the sanctity of an oath, the existence of a deity, and a future state of rewards and punishments; but a person having no idea of God, or a future state of retribution, cannot be admitted to take an oath.

Quakers are permitted, instead of an oath, to make a solemn affirmation; but not in criminal cases. 22 Geo. 2. c. 46.

If a witness without objecting to it takes the oath in the usual form, he may be afterwards asked, whether he thinks the oath binding on his conscience; but it is unnecessary and irrelevant to ask him if he considers any other form of oath more binding, and such questions cannot legally be put to him. 2 Brod. and Bing. 234.

1

No. 1. The Oath of Allegiance, 1 Geo. 1. St. 2. c. 18.

do sincerely promise and swear, that I will be faithful and bear true allegiance to his majesty king George. So help me God.

I

No. 2. The oath of Supremacy, 1 Geo. 1. St. 2. c. 13.

do swear that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position that princes excommunicated or deprived by the pope or any authority of see of Rome, may be deposed or murthered by the subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state, or potentate, hath or ought to have any jurisdiction, power, superiority, pre-eminence, or authority ecclesiastical or spiritual, within this realm. So help me God.

I

No. 3. The Oath of Abjuration, 6 Geo. 3. c. 53.

do truly and sincerely acknowledge, profess, testify, and declare in my conscience before God and the world, that our sovereign lord George is lawful and rightful king of this realm, and all other his majesty's dominions and countries thereto belonging; and I do solemnly and sincerely declare, that I do believe in my conscience, that not any of the descendants of the person who pretended to be prince of Wales during the life of the late king James the second, and since his

decease pretended to be and took upon himself the style and title of king of England by name of James the third, or of Scotland by the name of James the eighth, or the style and title of king of Great Britain, hath any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging; and I do renounce, refuse, and abjure my allegiance or obedience to any of them. And I do swear that I will bear faith and true allegiance to his majesty king George, and him will defend to the utmost of my power against all traitorous conspiracies and attempts whatsoever which shall be made against his person, crown, and dignity. And I will do my utmost endeavour to disclose and make known to his majesty and his successors all treasons and traitorous conspiracies which I shall know to be against him or any of them. And I do faithfully promise to the utmost of my power to support, maintain, and defend the succession of the crown against the descendants of the said James, and against all other persons whatsoever, which succession by an act intituled, " An Act for the further limitation of the crown, and better securing the rights and liberties of the subject," is and stands limited to the princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body being Protestants. And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken, and according to the plain and common sense and understanding of the same words without any equivocation, mental evasion, or secret reservation whatsoever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promise heartily, willingly, and truly, upon the true faith of a Christian. So help me God.

No. 4. Declaration against Transubstantiation, 25 Car. 2. c. 2. s. 9.

I

do declare that I do believe that there is not any transubstantiation in the sacrament of the Lord's Supper or in the elements of bread and wine, at or after the consecration thereof, by any person whatever.

* See the stat. 12 & 13 W. 3. c. 2.