since hath been, and still is inhabiting, commorant, and resident, in the parish of St. James, in the liberty of Westminster, in the said county of M.; without this, that he the said A. B. now is, or at the taking of the said indictment, or at any time before, was inhabiting, resident, or commorant at the parish of K. in the said county of M. and this he is ready to verify. Wherefore, and because he the said A. B. is not called in the said indictment, A. B. late of the parish of St. James, in the liberty of Westminster, he the said A. B. prays judgment of the said indictment, and that the same may be quashed (d).

290. Plea, that the defendant has no addition.

And the said A. B. comes in his proper person, and having heard the said indictment read, says, that he, at the time of the taking of the said indictment, and long before, was and yet is a yeoman; and that the said indictment does not contain an addition of the said estate of the said A. B. nor of any estate, degree, or mystery of the said A. B.; and this he is ready to verify: wherefore, for want of the addition of the estate, degree, or mystery of the said A. B. in the said indictment, he prays judgment of the said indictment, and that the same may be quashed.

291. Plea in abatement of a writ of appeal, that there is no such parish as the one named in it.

Comes and defends the force and injury, when, &c. and all the felony and whatsoever, &c. because he says, that he the said C. D. is by that writ appealed by the name of C. D. late of the parish of Saint James, Westminster, in the county of Middlesex, gentleman; where, in truth and in fact, there is a certain parish in the county of Middlesex, called and known by the name of the parish of Saint James, within the liberty of Westminster; but that there is not within the said county of

(d) It is necessary, under the stat. 4 & 5 Ann. c. 16. s. 11. to verify the truth of the plea by affidavit, or to shew some

Z Z

probable matter to induce the court to believe that such plea is true. The plea should be signed by counsel.

Middlesex, neither was there on the day of obtaining the said original writ of appeal, neither hath there since been, any parish, town, or place, known and called by the name of the parish of Saint James, Westminster, as the said A. B. by his writ aforesaid above supposes, and this he the said C. D. is ready to verify, wherefore he prays judgment of the said writ, and that the same may bę quashed, &c.

292. Special demurrer to an indictment wanting an allegation of time and place.

And the said A. B. &c. and saith, that our said lord ought not further to impeach or molest him the said A. B. on account of the premises, because he saith, that the said indictment is insufficient in law to put him the said A. B. to answer to the said indictment; and that, by the law of the land, no process ought to be made upon the said indictment against him the said A. B.; for that it doth not appear by the said indictment, upon what certain day, or in what certain place, the offence aforesaid, in the indictment aforesaid supposed to have been committed by the said A. B. was committed by the said A. B. as by the law of the land ought to appear; wherefore, for the insufficiency of the said indictment, he prays judgment, and that he may be discharged from the premises by the court here, &c.

293. Demurrer to an indictment for non-repair of an high

way.

And now, that is to say, on, &c. at, &c. come C. D. and E. F. two of the inhabitants of the said parish, in the name of all the inhabitants of the said parish, by G. H. their attorney, and having heard the said indictment, say, that our said lord the king will not, and ought not, further to impeach or trouble the said inhabitants of the said parish, on account of the premises aforesaid; because they say, that the said indictment, and the matters therein contained, are insufficient in law; and that they, the said inhabitants of the said parish, are not bound by the law of the land to answer thereto; whereupon, for the insufficiency thereof, they pray judgment, and that the said inhabitants of the said parish may be discharged by the court here of the premises aforesaid.

294. Joinder in demurrer.

And M. N. who prosecutes for our said lord the king on this occasion, for our said lord the king saith, that the said indictment, and the matters therein contained, are good and sufficient in law to compel the inhabitants of the said parish to answer to the same; which said indictment, and the matters therein contained, the said M. N. who p osecutes for our said lord the king, is ready to verify, as the court, &c.; and because the said inhabitants do not answer the said indictment, nor in any wise deny the same, the said M. N. who prosecutes for our said lord the king, for our said lord the king prays judgment, and that the said inhabitants may be convicted, &c.

295. Plea to an appeal of murder, auter-foits convict of manslaughter and admission to his clergy.

Because he says, that otherwise, to wit, at the general gaol delivery of our lord the king of his county of Cumberland, holden for the county of Cumberland aforesaid, at the city of Carlisle, in the said county, on, &c. before E. W. knight, chief baron of the Exchequer of our said lord the king, and J. T. knight, one of the justices of our said lord the king, assigned to hold pleas before the king himself, justices assigned to deliver the gaol of our said lord the king of those being in the said prison, upon the oath of J..B. (and twenty-one others,) good and lawful men of the county aforesaid, sworn to inquire and present for our said lord the king and the body of the said county, it was presented, that T. L. late of, &c. gentleman, not having the fear of God before his eyes, but being moved and seduced, &c. (setting out the indictment) against the peace of our said lord the king, his crown, and dignity. And that the said T. L. being then and there brought to the bar before the said justices, by J. P. esquire, then sheriff of the county aforesaid, to whose custody he had been before committed, in his proper person comes, and then and there being immediately asked, how he would acquit himself of the premises, by the said indictment above alleged against him, then said, that he was not guilty thereof, and thereof for good and ill then put himself upon the

country; and the jury sworn thereupon by the said sheriff in that behalf then and there returned and impannelled, to wit, J. B. gent. &c. being called on, came, who being then taken, tried, and sworn, upon their oath said, that the said T. L. was not guilty of the mur der aforesaid, in the indictment aforesaid above specified, in manner and form as he the said T. L. bad in his plea above alleged, nor had he ever fled; but the jurors aforesaid, upon their oath aforesaid, then and there did say, that the said T. L. was guilty of the felony and manslaughter only, to wit, of the felonious killing of the said R. A. and that the said T. L. had no goods or chattels, lands or tenements, at the time of the committing of the said felony and manslaughter, or ever afterwards, to the knowledge of the said jurors, as by the record thereof in full force and effect still being, (which record, our lord the king for certain reasons hath caused to come into his court here, before the king himself, by his writ of certiorari, which now remains filed of record in the said court of our lord the king, before the king himself, amongst the indictments of the term of Saint Hilary, in the year of the reign of our said lord the king,) amongst other things fully appears; and the said T. L. further saith, that no judgment of and concerning the premises in the said indictment alleged against him, was pronounced at the said general gaol delivery; but the said T. L. further saith, that he the said T. L. then was and yet is a clerk, and then and there at the said general gaol delivery of the county of Cumberland aforesaid, before the justices assigned to deliver the said gaol, demanded (e) that the benefit of clergy should be allowed him for the manslaughter aforesaid, whereof he was then convicted by a jury of the country as aforesaid, and offered himself and was ready to read as a clerk, if the court would admit him to the book for that purpose; and the said T. L. further saith, that afterwards, to wit, on Monday next after the morrow of the purification of the blessed virgin, in the term of Saint Hilary, in the eighth year of the reign of our said lord the now king, in the said court of our said lord the king here, before the king himself, came the said T. L. in his proper person, in the

(e) The prayer, under the stat. 5 Ann. c. 6. would now be," that the benefit of the sta

tute, in that case made and provided, might be allowed him."

custody of the marshal of the marshalsea of our lord the now king, in the court of our lord the now king, before the king himself, into whose custody the said T. L. before, to wit, on, &c. being brought here to the bar by virtue of a writ of our said lord the king.of habeas corpus ad subjiciendum, &c. directed to the sheriff of the said county of Cumberland, was then and there by the said court committed, and is committed to the custody of the said marshal; and immediately by the said court here being asked if he had any thing to say for himself, why the said court of our said lord the king, before the king himself, should not proceed to judgment and execution, against the said T. L. of and concerning the aforesaid conviction of manslaughter in the said record, for the death of the said R. A. which said record our said lord the king had for certain reasons caused to be removed, by his writ of certiorari, into the said court of our said lord the king, before the king himself as aforesaid; and which did then and still does remain in the said court of our said lord the king, before the king himself. And the said T. L. then and there (f) said, that he was a clerk, and then and there prayed the benefit of clergy to be allowed him; and thereupon, the book being then and there delivered by the said court to the said T. L. the said T. L. did then and there read as a clerk; and it was then and there considered by the said court, that the said T. L. should be burnt upon his left hand, and the said T. L. was then and there burnt on his left hand, as by the record thereof, in the said court of our said lord the king, before the king himself, fully appears. And this he the said T. L. is ready to verify, wherefore he prays judgment if the said J. A. ought to have or maintain his said appeal against him the said T. L. concerning the death aforesaid, &c. with this, that he the said T. L. is willing to verify, that he the said T. L. now appealed, and the said T. L. in the said indictment above named,

(f) Under the stat. 5 Ann. c. 6. the entry would now be, that the benefit of the statute, "in such case made and provided, might be allowed to him, and the same was allowed

to him accordingly, and thereupon it was considered, &c.” A person convicted of manslaughter is still liable to be burnt in the hand.