« PreviousContinue »
labourer, not (y) being persons employed, and neither of them being a person employeit, in or for the mint or mints of our said lord the king, in the tower of London or elsewhere, and for the use and service of the said mints only, and not being persons lawfully authorized, and neither of them being lawfully authorized, by the lords commissioners of the treasury, or lord bigh treasurer of England for the time being, on, &c. with force and arms, at, &c. one pair of (%) moulds inade of chalk, (each of which said moulds would then make and impress (a) the figure, resemblance, and similitude of one of the sides of the lawful silver coin of this kingdom called sixpences) without any lawful authority or sufficient excuse for that purpose, knowingly and traitorously* had in the custody and possession of them the said A. B. and C. D. at, &c. against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c. ,
11. Indictment for hiding and concealing coining-tools.
As in the above indictment, to the *, in the dwellinghouse of E. F. situate at the parish aforesaid, in the county aforesaid, did hide and conceal, against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c.
By stat 8 & 9 W. 3. c. 26. s. 1. it is enacted, That no smith, engraver, founder, or other person or persons whatsoever (other than and except the persuns employed or to be employed in or for his majesty's mint or mints, in the tower of London or elsewhere, and for the use and service of the said nints only, or persons lawfully authorized by the lords commissioners of the treasury, or lord high treasurer of England, for the time being), shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending of any puncheon, counter-puncheon, matrix, stamp, dye, pattern, or mould, of steel, iron, silver, or other metal or metals, or of spaud or fine founder's earth, or sand, or of any other materials whatsoever, in or upon which there shall be, or be made or impressed, or which will make or impress, the figure,
(y) As to the necessity of these allegations, see p. 160.
(7) See note (r), p. 359,
(a) See Leach, 105.
Lennard's case, stamp, resemblance, or similitude of both or either of the sides or flats of any gold or silver coin current within this kingdom; nor shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending, of any edger or edging-tool, instrument, or engine, not of common use in any trade, but contrived for making of money round the edges with letters, grainings, or other marks or figures resembling those on the edges of money coined in his majesty's mint, nor any press for coinage, nor any cutting-engine, for cutting round bianks by force of a screw out of flatted bars of gold, silver, or other metal; nor shall knowingly buy or sell, bide or conceal, or, without lawful authority or sufficient excuse for that purpose, knowingly have in his, her, or their houses, custody, or possession, any such puncheon, counter-puncheon, matrix, stamp, dye (b), edger, cutting-engine, or other tool or instrument before. mentioned; and it any smith, engraver, founder, or other person or persons whatsoever, (other than and except as aforesaid) shall offend in any the matters or things aforesaid, then all and every such offender and offenders, their counsellors, procurers, aiders, and abettors, shall be, and is and are hereby adjudged to be, guilty of high treason; and being of the said offences, or any of them, convicted or attainted, according to the order and course of the laws of this realın, shall suffer death as in case of high treason.
By sec. 9. the prosecution must be commenced within three nionths.
By stat. 7 Ann, c. 25. s. 1. the stat. 8 & 9 Will. 3. c. 26. is made perpetual; and by s. 2. the makers and menders of tools, and such as mark níoney round the edges, &c. may be prosecuted within six months.
12. For petit treason, against a woman, for poisoning her
husband (c). That A. B. late of, &c. widow, late wife of J. B. late of the same place, yeoman, deceased, of her malice afore
(6) See an indictment against of coining shillings, Cro. C.C. two persoos for having a dyein 111, 8th edit. their custody, for the purpose (c) See p. 32. 306, 307. and
thought, contriving, devising, and intending him the said J. B. her said late husband, to deprive of his life, and him feloniously and traitorously to kill and murder, on, &c. with force and arms, at, &c. in the county aforesaid, feloniously, traitorously, wilfully, and of her malice aforethought, did mix and mingle a great quantity of deadly poison, to wit (d), arsenic, with a quantity of water-gruel; and that she the said A. B. then and there, feloniously, traitorously, wilfully, and of her malice aforethought, did give and deliver the said poison, so mixed with the said water-gruel as aforesaid, to the said J. B. her said then husband, to be drank by him the said J. B. (she the said A. B. then and there well knowing the said arsenic to be a deadly poison); and that the said J. B, by the persuasion and at the instigation of the said A. the said poison so mixed with water-gruel as aforesaid (not knowing the same to be deadly poison), did then and there drink, and swallow down into his body, by which drinking and swallowing of the said poison, so mixed with water-gruel as aforesaid, the said J. B. then and there became sick and greatly distempered in his body, of which said sickness and distemper he the said J. B. from, &c. until, &c. at, &c. did languish, and languishing did live, on which said day of
, in the year aforesaid, the said A. B. at the parish aforesaid, in the county aforesaid, of the poison aforesaid, so drank and swallowed as aforesaid, and of the said sickness and distemper, occasioned by the drinking of the said poison, so mixed with water-gruel as aforesaid, died: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A, B. the aforesaid J. B. her said late husband, in manner and form aforesaid, feloniously, traitorously, wilfully, and of her malice aforethought, did poison, kill, and murder, against the peace of our said lord the king, his crown and dignity.
13. Commencement of an indictment for murder or mana
slaughter. Lancashire (e), to wit. The jurors for our lord the king upon their oath present, that A. B. late of the parish
(d) See Nicholson's case, p. 54.
(e) As to the venue, see the
stat. 2 & 3 Ed. 6. c. 24. and supra, p. 5.
of C. in the county of Lancaster, labourer (e), not having the fear of God before his eyes, but being moved and se. duced by the instigation of the devil (f), on the day (g) 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, with force and arms (h), at the parish aforesaid, in the county aforesaid*, in and upon one E, F. (i), in the peace of God and our said lord the king, then and there (k) being, feloniously (l), wilfully, and of his malice (1) aforethought, did make an assault, and that, (after stating the means and manner (m) of committing the offence, allege the death thus :) of wbich said mortal strokes, wounds, and bruises, (according to the fact) the said E. F. from the said ---- day of
, in the year aforesaid, until the day of w , in the same year, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live, on which said day
, in the year aforesaid, the said E. F. at the parish aforesaid, in the county aforesaid, of the said mortal strokes, wounds, and bruises died (or if the party died very soon after the stroke, fc. thus,) of which said mortal strokes, wounds, and bruises, the said E. F. then and there instantly died. (And conclude thus,) and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A. B. him the said E. F. in the manner and by the means aforesaid, (or last aforesaid in concluding to a second or subsequent count,) feloniously, wilfully, and of his malice aforethought, did kill and murder (n), against the peace (0) of our said lord the king, his crown and dignity (p).
(e) As to the name and ad- (c) As to the name of the dition, see chap. 3.
person murdered, see p. 172. (0) This averment, though (k) This averment in unuefrequently introduced, is un- cessary, see p. 172. necessary.
(2) These are essential (g) Both the day of the words, see p. 71. stroke and of the death must (m) For the general rules rebe stated, see p. 55. 2 Hale, lating to this description, see 179. East. P. C. 344.
p. 85. . (h) These words are unne- (n) The technical term mure cessary in an indictment for der, as well as the words felomurder, since the force is fully niously and of malice aforeimplied. 2 Haw. c. 25. s. 90, thought, are essential to the 01. 2 Hale, 87.
indictment, see p. 71. The
14. In an indictment for manslaughter, the conclusion is, and so the jurors aforesaid, upon their oath aforesaid, do say; that the said A. B. him the said E. F. in manner and by the means aforesaid, feloniously did kill and slay, against the peace, &c.
15. Indictment against M. B. for the murder of her father
by intermixing arsenic with tea and water-gruel, of which he drank at different times.
That M. B. late of, &c. spinster, daughter of Francis Blandy, late of the same place, gentleman, deceased, not having the fear of God before her eyes, but being moved
term murdrum originally meant 2. st. 2. c. 4. enacts, that no the amerciament which was pardon shall be allowed for exacted from the township murder or for the death of a man when a person was privately slain by await, assault, or malice murdered, and the offender not prepensed, unless the same be apprehended. Fost. 281. I specified in the charter, &c. Hale, 447. Brac. de Coron. c. The stat. 12 H. 7. c. 7. is 15. And in that sense it is included in the stat. 1 E. 6. used in the stat. of Marlbridge, c. 12. mentioned below; the 52 H. 3. c. 26. And hence stat. 23 H. 8. c. 1. s. 3. ousts the term murdrum was after- of clergy all found guilty of wards used to signify the of- malice prepensed, or of any fence which -occasioned the abetment, procurement, &c.; amerciament, viz. occulta oc- the stat. 25 FI. 8. c. 3. recisio nullo sciente aut vidente, fers to the 23d of H. 8.; these Bract. cap. de murdro, and are repealed by the stat. I E. every other homicide was term- 6. C. 12. which takes away ed homicidium nequiter et in fe- clergy from murderers of malonia factum ; but there was no lice prepense, if found guilty, distinction between murder and or confessing the same upon manslaughter as to punishinent arraignment, or not answering upon conviction, Fost. 302. The directly, or standing wilfully term was afterwards used more mute; and the stat. 4 & 5 Ph. extensively to mean any horni- & M. c. 4, ousts of clergy accide attended with circum- cessories before the fac? For stances which indicated precon- other matters relating .o this ceived malice, Staandf. c. 10. offence, see the Index, tit. and from the 50th of E. 3. acts Murder and Evidence. of general pardon constantly (0) Essential, see p. 196. except murder described as of (p) See p. 198, and as to the mulice prepensed, or by words conclusion in general, see p. tantamount, and the stat, 13 R. 895.