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APPENDIX

TO

CRIMINAL PLEADING, &c.

PRECEDENTS. Common Commencements, Conclusions, gc. of In

dictments, fc.

1. Commencement of an indictment taken at the assizes or

general quarter sessions.. Lancashire (a), to wit. The jurors for our lord the king upon their oath present*, that A. B. (b), late of C. (c), in the county of L. labourer (d), on (e) the first day of May, in the fifty-fourth year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and (f) arms, at C. (g) aforesaid, in the county aforesaid, &c.

2. The same with an alias dictus (h). * That John Robinson, late of B. in the county of L. labourer, otherwise called John Baldwin, on, &c.

(a) As to the county in (c) See p. 48. . which the indictment should (d) See p, 47. be laid, see chap. 1. The le) As to the time, see p. 50. county in the margent is in (f) As to this averinent, see strictness no part of the indict- p. 84. ment or caption, see p. 224. (g) As to the place, see p. As to the use of the marginal 57. venue, see p. 60. 224.

() See p. 47. (6) As to certainty of name, see p. 42, &c. VOL. II.

A A 2

3. The same with an alias addition.

* That A. B. late of B. in the county of L. gentleman, otherwise called A. B. late of the same place, esquire (i).

4. Conclusion to every count. Against the form of the statute (k) (or statutes) in such case made and provided, and against the peace of our said loro the king, his crown, and dignity (7).If the indictment or information be at common law, it should conclude simply against the peace, &c.

5. Commencement of a count subsequent to the first. And the jurors aforesaid, upon their oath aforesaid, do further present* that the said A. B. on, &c. with force and arms, at C. aforesaid, in the county aforesaid, &c.

0. Commencement of an inquisition taken before the coroner.

Lancashire, to wit. An inquisition indented, taken for our sovereign lord the king, at the parish of B. in the county of Lancaster, on the day of , in the

year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, before C. D. (m), one of the coroners of our said lord the king, for the said county, on view of the body of M. N. then and there lying dead, upon the oath (m) of A. B. &c. (name the jurors,) good and lawful men of the said county, duly chosen, and who being then and there (o) duly sworn, and charged to inquire for our said lord the king, when, how, and by what means the said M. N. came to his death, do upon their oath say (p), that, &c.

Conclusion. And that, after the said E. F. had done and committed the felony and murder aforesaid, he the

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said E. F. withdrew and fled for the same, (if so in fact,) and that, at the time of the doing and committing thereof, or at any time since, be the said E. F. had no goods or chattels, lands, or tenements within the said county, or elsewhere, to the knowledge of the said jurors, ( according to the fact,) in witness whereof, as well the said coroner as the said A. B. C. &c. (the names of all the jurors, have to this inquisition set their hands and seals, the day, year, and place, first abovementioned.

7. Commencement of an information by the attorney-general.

Michaelmas term, in the year

of the reign of George the third. Middlesex, to wit. Be it remembered, that A. B. esquire, attorney-general of our sovereign lord the now king, who for our sovereign lord the king prosecutes in this behalf, in his proper person comes into the court of our said lord the king, before the king himself, at Westminster, in the county of Middlesex, on Wednesday next after fifteen days of Saint Martin in this same terni, and for our said lord the king gives the court here to understand, and be informned, that, &c.

Conclusion:-against the form, &c. (if necessary) and against the peace of our said lord the king, his crown, and dignity.

8. Indictment for levying public war against the king, by

riotously assembling, armed with offensive weapons. Middleser, to wit. The jurors for our lord the king upon their oath present, that G. G. late of the parish of Saint Mary le Bonne, otherwise Mary bone, in the county of Middlesex, esquire, commonly called Lord G. G. being a subject of our said sovereign lord George the third, by the grace of God of (9) Great Britain, France, and IreJand, king, defender of the faith, not having the fear of God before his eyes (r), nor weighing the duty of his allegiance, but being moved (r) and seduced by the insti

(9) The present style is, “of (r) These allegations are not the united kingdom of Great material. Britain and Ireland king, de. fender of the faith.”

gation of the devil, and entirely withdrawing the love and true and due obedience which every subject of our said sovereign lord the king should, and of right ought to, bear towards our said present sovereign lord the king, and (r) wickedly devising and intending to disturb the peace and public tranquillity of this kingdom, on the second (s) day of June, in the twentieth year of the reign of our said sovereign lord the now king, at the parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex, unlawfully, maliciously, and traitorously (t) did compass, imagine, and intend to raise and levy war, insurrection, and rebellion against our said lord the king, within this kingdom of Great Britain; and in order to fulfil and bring to effect the said traitorous compassings, imaginations, and intentions of him the said G. G. be the said G. G. afterwards, that is to say, on the said second day of June, in the twentieth year aforesaid, with force and arms, &c. at the said parish of Saint Margaret, within the liberty of Westninsier, in the said county of Middlesex,* with a great multitude of persons, whose names are at present unknown to the jurors aforesaid, to a great number, to wit, to the number of five hundred persons and upwards, armed and arrayed in a warlike manner, that is to say, with colours flying, and with swords, clubs, bludgeons, staves, and other weapons, as well offensive as defensive, being then and there unlawfully, maliciously, and traitorously assembled and gathered together against our said present sovereign lord the king, most wickedly, maliciously, and traitorously did ordain, prepare, and levy public war against our said lord the king, bis supreme and undoubted lord, contrary to the duty of his allegiance (u), against the peace of our said lord the king, his crown, and dignity, and also against the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said G. G. being a subject of our said sovereign lord the king, not having the fear of God before his eyes, but being nioved and se

(r) These allegations do not the offence to have been comappear to be material.

mitted against the defendant's (8) The precise day is not duty of natural allegiance, see essential, see p. 57.

p. 70. and Cranburd's case, St. (1) See p. 70.

Tr, 8 Will. 3. (u) It is unnecessary to lay

duced by the instigation of the devil, and entirely withdrawing the love and true and due obedience which every subject of our said sovereign lord the king should, and of right ought to, bear towards our said present sovereign lord the king, and wickedly devising and intending to disturb the peace and public tranquillity of this kingdom, afterwards, to wit, on the said second day of June, in the twentieth year of the reign of our said sovereign lord the now king, and on divers other days and times between that day and the tenth day of the same month of June, at the said parish of Saint Margaret, within the liberty of Westminster, in the said county of · Middlesex, unlawfully, maliciously, and traitorously did compass, imagine, and intend to raise and levy war, insurrection, and rebellion, against our said lord the king, within this kingdom of Great Britain; and in order to fulfil and bring to effect the said last-mentioned traitorous compassings, imaginations, and intentions, of him the said G. G. he the said G. G. on the said second day of June, in the twentieth year aforesaid, and on divers other days and times between that day and the tenth day of the same month of June, with force and arms, &c. at the said parish of Saint Margaret, within the liberty of Westminster, in the said county of Middlesex. ( Then proceed as in the first count, from the asterisk.)

9. An indictment of high treason for coining shillings.

( Commencement as in pr. 1.) Twenty pieces of false, feigned, and counterfeit money and coin, of pewter, lead, tin, and other mixt inetals, to the likeness and similitude of the good, legal, and current money and silver coin of our said lord the king of this realm, called shillings, then and there falsely, deceitfully, feloniously, and traitorously did forge, counterfeit, and coin, against the duty of his allegiance, against the peace, &c. and against the form, &c.

10. Indictment of high treason for having instruments

for coining in custody (x). That A. B. late of, &c. labourer, and C. D. late of, &c.

(x) The having a mould in possession is within the statute, since it is comprehended in

the words or other tool or instrument before mentioned. Lennard's case, Leach, 105.

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