« PreviousContinue »
Sect. 1. RECORD OF AN INDICTMENT AND CONVICTION OF MURDER, AT THB
Assizes. , BE IT REMEMBERED, that at the general session of the lord Sossioa of dyer
ald be ni wit. the king of oyer and terminer holden at Warwick in and for the said county of Warwick, on Friday, the twelfth day of March, in the second year of the reign of the lord George the Third, now king of Great Britain, before Sir Michael Foster, knight, one of the justices of the said lord the king assigned to hold pleas before the king himself, Sir Edward Clive, knight, one of the justices of the said lord the king, of his court of Common Bench, and others their fellows, justices of the said lord the king, assigned by letters-patent of the said lord the king, under his great seal of Commledons Great Britain, made to them the aforesaid justices and others, and any two or more of them, (wbereof one of them the said Sir Michael Foster and Sir Edward Clive, the said lord the king would have to be one,) to inquire (by the oath of good and lawful men of the county aforesaid, by whom the truth of the matter might be the better known, and by other ways, methods, and means, whereby they could or might the better know, as well within liberties as without) more fully the truth of all treasons, misprisions of treasons, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the moneys of Great Britain, and of other kingdoms or dominions whatsoever; and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful assemblies, misprisions, confederacies, false alle gations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, oppressions, champerties, deceits, and all other misdeeds, offences, and injuries whatsoever, and also the accessories of the same, within the county aforesaid, as well within liberties as without, by whomsoever and howsoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumstances in the said letters-patent of the said lord the king specified; the premises and every or any of them howsoever con. cerning; and for this time to hear and determine the said treasons and oje nad more other the premises, according to the law and custom of the realm of England; and also keepers of the peace and justices of the said lord the king, and of the punon assigned to hear and determine divers felonies, trespasses, and other misdemeanours committed within the county aforesaid, by the oath of Sir James Thomson, baronet, Charles Roper, Henry Dawes, Peter Wilson, Samuel Grand jary Rogers, John Dawson, James Phillips, John Mayo, Richard Savage, William Bell, James Morris, Laurence Eall, and Charles Carter, esquires, good and lawful men of the county aforesaid, then and there impanelled, sworn, and charged to inquire for the said lord the king and for the body of the said county, it is presented : That Peter Hunt, late of the parish of Light- Indictmes horne, in the said county, gentleman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the fifth day of March in the said second year of the reign of the said lord the king, at the parish of Lighthorne aforesaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the said lord the king then and there being, feloniously, wilfully, and of his malice aforethought. did make an assault; and that the said Peter Hunt, with a certain drawn sword, made of iron and steel, of the value of five shillings, which he the said Peter Hunt in his right hand then and there had and held, him the said Samriel Collins, in and upon the left side of the belly of him the said Samuel Collins then and there feloniously, wilfully, and of his malice aforethought, did strike, thrust, p'ab, and penetrate; giving unto the said Samuel
Collins, then and there, with the sword drawn as aforesaid, in and upon the left side of the belly of him the said Samuel Collins, one mortal wound, of the breadth of one inch and the depth of nine inches; of which said mortal wound he the said Samuel Collins, at the parish of Lighthorne aforesaid, in the said county of Warwick, from the said fifth day of March in the year aforesaid, until the seventh day of the same month in the same year, did languish, and languishing did live; on which said seventh day of March in the year aforesaid, the said Samuel Collins, at the parish of Lighthorne aforesaid, in the county aforesaid, of the said mortal wound did die: and so the jurors aforesaid, upon their oath aforesaid, do say that the said Peter Hunt him the said Samuel Collins, in manner and form aforesaid, fela niously, wilfully, and of his malice aforethought, did kill and murder,
against the peace of the said lord the now king, his crown, and dignity. Depeche WHEREUPON the sheriff of the county aforesaid is commanded that he omit
not for any liberty in his bailiwick, but that he take the said Peter Hunt,
if he may be found in his bailiwick, and him safely keep, to answer to the Sossion of gaol. felony and murder whereof he stands indicted. Which said indictment delivery.
the said justices of the lord the king above named, afterwards, to wit, at the delivery of the gaol of the said lord the king, holden at Warwick in and for the county aforesaid, on Friday, the sixth day of August, in the said second year of the reign of the said lord the king, before the right honourable William lord Mansfield, chief justice of the said lord the king, assigned to hold pleas before the king himself, Sir Sidney Stafford Smythe, knigbt, one of the barons of the exchequer of the said lord the king, and others their fellows, justices of the said lord the king, assigned to deliver his said gaol of the county aforesaid of the prisoners therein being, by their proper hands
do deliver here in court of record in form of the law to be determined. AND Arraignment. AFTERWARDS, to wit, at the same delivery of the gaol of the said lord the
king of his county aforesaid, on the said Friday, the sixth day of August, in the said second year of the reign of the said lord the king, before the said justices of the lord the king last above named and others their fellows aforesaid, here cometh the said Peter Hunt, under the custody of William Browne, esquire, sheriff of the county aforesaid, (in whose custody in the gaol of the county aforesaid, for the cause aforesaid, he had been before committed,) being brought to the bar here in his proper person by the said sheriff, to whom he is here also committed. And forthwith being demanded
concerning the premises in the said indictment above specified and charged Plea: not guilty. upon him, how he will acquit himself thereof, he saith that he is not guilty Indo. thereof; and thereof for good and evil he puts himself upon the country.
AND John Blencowe, esquire, clerk of the assizes for the county aforesaid, who prosecutes for the said lord the king in this behalf, doth the like. THEREFORE let jury thereupon here immediately come before the said justices of the lord the king last above mentioned, and others their fellows aforesaid, of free and lawful men of the neighbourhood of the said parish of Lighthorne, in the county of Warwick aforesaid, by whom the truth of the matter may be the better known, and who are not of kin to the said Peter Hunt, to recognise upon their oath whether the said Peter Hunt be guilty of the felony and murder in the indictment aforesaid above specified, or not guilty: because as well the said John Blencowe, who prosecutes for the said lord the king in this behalf, as the said Peter Hunt, have put them. selves upon the said jury. And the jurors of the said jury by the said sheriff for this purpose impanelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lion, James White, William Bates, Oliver Green, Bartholomew Nash, and Henry Long, being called, come; who, being elected, tried, and WHEREUPON, all and singular the premises being seen, and by the se.id Judgment a
sworn to speak the truth of and concerning the premises, upon their oath Verdict: gailty say, that the said Peter Hunt is guilty of the felony and murder aforesaid, of murder.
on him above charged in the form aforesaid, as by the indictment foresaid is above supposed against him; and that the said Peter Hunt at the time of committing the said felony and murder, or at any time since to this time, had not nor hath any goods or chattels, lands or tenements, in the said county of Warwick, or elsewhere, to the knowledge of the said jurors.' And upon this it is forthwith demanded of the said Peter Hunt, if he hath or knoweth any thing to say wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and exe cution against him: who nothing further saith, unless as he before had said.
1 This averment is now readered unnecessary. See 7 & 8 Geo. IV. c. 28, 6.
death, justices here fully understood, it IS CONSIDERED by the court here, that the said Peter Hunt be taken to the gaol of the said lord the king of the said county of Warwick from whence he came, and from thence to the place of execution on Monday now next ensuing, being the ninth day of this instant and dissectiva August, and there be hanged by the neck until he be dead; and that afterwards his body be dissected and anatomized.
Sect. 2. CONVICTION OF MANSLAUGHTER.
upon their oath say, that the said Peter Hunt is not guilty of Verdict: not the murder aforesaid, above charged upon him; but that the said Peter guilty of munder.
guilty of man Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and slaughter that he had not nor hath any goods or chattels, lands or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this time, to the knowledge of the said jurors. And immediately it is de manded of the said Peter Hunt if he hath or knoweth any thing to say wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: Who saith that Clergy prayed he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. WHEREU PON, all and singular the premises being seen, and by the Judgment to be said justices here fully understood, it is CONSIDERED by the court here that hand, and de the said Peter Hunt be burned in his left hand and delivered. And im- livered. mediately he is burned in his left hand, and is delivered, according to the form of the statute.3
Sect. 3. ENTRY OF A TRIAL INSTANTER IN THE Court of King's BENCH, UPON A
COLLATERAL ISSUE; AND RULE OF COURT FOR EXECUTION THEREON. Michaelmas Term, in the Sixth Year of the Reign of King George the Third. Kent; The King THE PRISONER at the bar being brought into this court
against in custody of the sheriff of the county of Sussex, by Thomas Rogers.) virtue of his majesty's writ of habeas corpus, IT IS ORDERED Habeas corpus. that the said writ and the return thereto be filed. And it appearing by a Record of attals certain record of attainder, which hath been removed into this court by his der read, majesty's writ of certiorari, that the prisoner at the bar stands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and for felony and
robbery. the said prisoner at the bar having heard the record of the said attainder now read to him, is now asked by the court here what he hath to say for what he can say himself why the court here should not proceed to award execution against in bar of exa him upon the said attainder. He for plea saith that he is not the same Plea: not the Thomas Rogers in the said record of attainder named, and against whom same person. judgment was pronounced ; and this he is ready to verify and prove, &c. l'o which said plea the honourable Charles Yorke, esquire, attorney-general Replication, of our present sovereign lord the king, who for our said lord the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner at the bar hath now alleged, for our said lord the king by way of reply saith, that the said prisoner now here at the bar is the averring that be same Thomas Rogers in the said record of attainder named, and against whom judgment was pronounced as aforesaid ; and this he prayeth may be inquired into by the country; and the said prisoner at the bar doth the like: Iesno joined Therefore let a jury in this behalf immediately come here into court, by whom the truth of the matter will be the better known, and who have no Venire awarded affinity to the said prisoner, to try upon their oath whether the said prisoner at the bar be the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as aforesaid, or not: because as well the said Charles Yorke, esquire, attorney-general of our said lord the king, who for our said lord the king in this behalf prosecutes, as the said prisoner at the bar, have put themselves in this behalf upon the said jury. AND immediately thereupon the said jury come here into court; and, being Jury sword e ected, tried, and sworn to speak the truth touching and concerning the premises aforesaid, and having heard the said record read to them, do say upon their oath that the said prisoner at the bar is the same Thomas Rogers Verdict: that me in the said record of uttainder named, and against whom judgment was so pronounced as aforesaid, in manner and form as the said attorney-general . See preceding note.
• Bon-fit of clergy and burning in the hand being now abolished, (800 6 Goo. IV. o. 25. 7 & 8 Geo. IV. a 28,) tbis forin will require alteration accordingly.
is tho samo.
Award of ere atdon.
hath by his said replication to the said plea of the said prisoner now here at the bar alleged. AND HEREUPON the said attorney-general on behalf of our said lor i the king now prayeth, that the court here would proceed to award execution against him the said Thomas Rogers upon the said attainder. WHEREUPON, all and singular the premises being now seen and fully understood by the court here, it IS ORDERED by the court here that execution be done upon the said prisoner at the bar for the said felony in pursuance of the said judgment, according to due form of law: And it is lastly ordered that he the said Thomas Rogers, the prisoner at the bar, be now committed to the custody of the sheriff of the county of Kent (now also present here in court) for the purpose aforesaid; and that the said sheriff of Kent do execution upon the said defendant the prisoner at the bar for the said felony, in pursuance of the said judgment, according to due form of law. On the motion of Mr. Attorney-General.
By the Court.
Sect. 4. WARRANT OF EXECUTION ON JUDüMENT OF DEATH, AT THE GENERAL
GAOL-DELIVERY IN LONDON AND MIDDLESEX.
and county of Middlesex; and to the keeper of his majesty's Middlesex. gaol of Newgate.
WHEREAS at the session of gaol-delivery of Newgate, for the city of London and county of Middlesex, holden at Justice Hall in the Old Bailey, on the nineteenth day of October last, Patrick Mahony, Roger Jones, Charles King, and Mary Smith, received sentence of death for the respective offences in their several indictments mentioned: Now IT IS HEREBY ORDERED that exe. cution of the said sentence be made and done upon them the said Patrick Mabony and Roger Jones, on Wednesday the ninth day of this instant month of November, at the usual place of execution. And it is his majesty's command that execution of the said sentence upon them the said Charles King and Mary Smith be respited, until his majesty's pleasure touching them be further known.
Given under my hand and seal this fourth day
of November, one thousand seven hundred and sixty-eight.
JAMES Eyre, Recorder, (L.s.)
Sect. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, BEFORE THE KING
IN PARLIAMENT. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth, to the sheriffs of London and sheriff of Middlesex, greeting. Whereas Lawrence earl Ferrers, viscount Tamworth, hath been indicted of felony and murder by him done and committed, which said indictment hath been certified before us in our present parliament; and the said Lawrence earl Ferrers, viscount Tamworth, hath been thereupon arraigned, and upon such arraignment hath pleaded not guilty; and the said Lawrence earl Ferrers, viscount Tamworth, hath before us in our said parliament been tried, and in due form of law convicted thereof; and whereas judgment hath been given in our said parliament that the said Lawrence eari Ferrers, viscount Tamworth, shall be hanged by the neck till he is dead, and that his body be dissected and ana tomized, the execution of which judgment yet remaineth to be done: W3 require, and by these presents strictly command you, that upon Monday, the fifth day of May instant, between the hours of nine in the morning and one in the afternoon of the same day, him the said Lawrence earl Ferrers, viscount Tamworth, without the gate of our tower of London (to you then and there to be delivered, as by another writ to the lieutenant of our tower of London or to his deputy directed we have commanded) into your custody you then and there receive ; and him, in your custody so being, you forthwith convey to the accustomed place of execution at Tyburn; and that you do cause execution to be done upon the said Lawrence earl Ferrers, viscount Tamworth, in your custody so being, in all things according to the said judgment. And this you are by no means to omit, at your peril. WITNESS ourself at Westminster, the second day of May, in the thirty-third year of our reign.
YORKE and YORKE.
The Laws of Englaud.
BY BARRON FIELD, ESQ.
The figures at the end of each Question refer to the pages of Blackstone (and those of all the
editions are alike) where its Answer may be found.
SECTION II.—Of the Nature of Laws in
SEC. III.- Of the Laws of England.
1. Into what two kinds may the municipas an 1. What is law, in its most general and com- of England be divided ? 63. prehensive sense ? 38.
2. What does the first of these kinds of lav 2. What is law, in its more confined sense, and include ? 63. that in which it is the present commentator's busi- 3. Where is it to be found ? 63, 64. ness to consider it ? 39.
4. Of what degree of antiquity must its maz. 3. What is the law of nature ? 39.
ims and customs be, to entitle them to validity' 4. To what one precept may the law of nature 67. be reduced ? 41.
6. Into what three kinds is it distinguishable ! 5. Has God revealed any portions of this law 67. to us? 42.
6. How are its customs or mazims to be known; 6. Upon what two foundations depend all hu- and by whom is their validity to be determined ! man laws? 42.
69. 7. As the whole race of mankind form sepa- 7. What is the doctrine of the law as to fola rate states, is there not a third kind of law ? 43. | lowing precedents? 70.
8. What is that law called by which particular 8. What three things do the rules relating to nations are governed ? 44.
particular customs regard ? 75. 9. How does the commentator define that law ? 9. Wherein do the customs of London differ 44.
from all others in point of trial? 76. 10. What three forms of government are there? 10. What are the seven necessary requisites 49.
to make a custom good ? 77, 78. 11. What peculiar quality does each of these 11. To what, however, must all special customs forms of government possess; and what effect have submit ? 79. these several qualities upon the laws of their re- 12. What are understood by those peculiar laws spective governments ? 49, 50.
which, by custom, are adopted and used only in 12. What is the nature of the British form of certain peculiar courts and jurisdictions ? 79. government? 50, 51.
13. What is understood by each of these laws, 13. With whom lies the right to make laws in absolutely taken? 80, 82. overy government ? 62.
14. What are the four species of courts in 14. Of what four parts may every law be said which these laws are permitted to be used ? 83. to consist? 53, 54.
15. Under what superintendency are all these 15. Wherein consists the difference between courts? 84. those things prohibited by the law which are mala 16. To whom does an appeal from them lie, in in se, and those which are mala prohibita? 54, 55, the last resort? 84. 57, 58.
17. Of what does the second kind of municipal 16. What five helps are there to the interpre- law consist ? 85. tation of laws ? 59.
18. Into what four kinds is it distinguishable! 17. How is equity defined by Grotius? 62. 85 86.