Gambar halaman
PDF
ePub

SEC. 2. CONVICTION OF MANSLAUGHTER.

[ocr errors]

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 Hunt guilty of mur is guilty of the felonious slaying of the aforesaid Samuel Collins; and that der: guilty of he had not nor hath any goods or chattels, lands, or tenements, at the time manslaughter. of the felony and manslaughter aforesaid, or ever afterwards to this time, to the knowledge of the said jurors. (2) And immediately it is demanded of the said Peter Hunt, if he hath or knoweth anything 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 he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. Whereupon, all and singular the premises being seen, and by the said jus Clergy prayed. tices here fully understood, it is considered by the court here, that the said Judgments to Peter Hunt be burned in his left hand, and delivered. And immediately he the hand, and is burned in his left hand, and is delivered, according to the form of the delivered. statute.(3)

SEC. 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 against

be burned in

execution.

THE PRISONER at the bar being brought into this court in custody of the sheriff of the county of Sussex by Thomas Rogers. virtue of his majesty's writ of habeas corpus, it is Habeas corpus, ordered that the said writ and the return thereto be filed. And it appear Record of ating by a certain record of attainder, which hath been removed into this tainder read, court by his 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 for felony and highway, and the said prisoner at the bar having heard the record of the robbery. said attainder now read to him, is now asked by the court here what he hath to say for himself, why the court here should not proceed to award Prisoner asked execution against him upon the said attainder. He for plea saith, that he what he can is not the same Thomas Rogers in the said record of attainder named, and say in bar of against whom judgment was pronounced: and this he is ready to verify Plea: not the and prove, &c. To which said plea the honorable Charles Yorke, esquire. same person. attorney general of our present sovereign lord and king, who for our said Replication, 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 same Thomas Rogers in the said record of attainder named, averring that 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 Issue joined. bar doth the like; Therefore let a jury in this behalf immediately come Venire awardhere into court, by whom the truth of the matter will be the better known, ed instanter. and who have no 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, attorneygeneral 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 Jury sworn. here into court; and being elected, 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

he is.

execution.

the bar is the same Thomas Rogers in the said record of attainder named, Verdict: that and against whom judgment was so pronounced as aforesaid, in manner he is the same. and form as the said attorney-general hath by his said replication to the said plea of the said prisoner now here at the bar alleged. And hereupon, Award of the said attorney-general, on behalf of our said lord 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 (2) See preceding note.

(3) Benefit of clergy and burning in the hand being now abolished: see 6 Geo. IV., c. 25; and 8 Geo. IV, c. 28, ante, p. 374, n. (8) this form will require alteration accordingly.

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.

SEC. 4. WARRANT OF EXECUTION OF JUDGMENT OF DEATH, AT THE GENERAL GAOL DELIVERY IN LONDON AND MIDDLESEX.

Londor and Middlesex. 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 execution of the said sentence be made and done upon them, the said Patrick Mahony 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 farther known.

To the sheriffs of the city of London; and to the sheriff of the county of Middlesex: and to the keeper of his majesty's gaol of Newgate.

GIVEN under my hand and seal, this fourth day of November, one thousand seven hundred and sixty-eight.

JAMES EYRE, Recorder.

[L. s]

SEC. 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, aud upon such arraignment hath pleaded not guilty; and the said Lawrence Earl Ferrers, Viscount Tamworth, hath before us in our said parlinment been tried, and in due form of law convicted thereof; and whereas, judgment hath been given in our said parliament that the said Lawrence Earl Ferrers, Viscount Tamworth, shall be hanged by the neck till he is dead, and that his body be dissected and anatomized, the execution of which judgment yet remaineth to be done: We 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 his deputy directed, we have commanded) into your custody you then and 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 ac cording 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

578

[blocks in formation]

20. Nam quod remedio destituitur, ipsa re valet, si culpa absit.

For that which is without remedy, is by that very circumstance strengthened, if it be free from fault.

26. Procuratoribus, qui in aliquibus partibus attornati nuncupantur. Proctors, who are in some places called attornies.

26. Cum olim in usu fuisset, alterius nomine agi non posse; sed, quia hoc non minimam incommoditatem habebat, cœperunt homines per procuratores litigare.

Although formerly it had been the custom for no one to act in the name of another; yet, as this was attended with great inconvenience, men began to carry on law-suits by proctors.

[blocks in formation]

27. S'aggiungea, che coloro, che sapevan ben aringare, avean un gran vantaggio nell' assemblee del popolo, il quale si mena volontieri per l'orecchie; onde avviene che nello stato popolare gli avvocati sono ordinariamente quegli, chi hanno piu potenza, ed autorità.

It was added, that good orators had a great advantage in the assembly of the people, who willingly suffer themselves to be captivated by sound; whence it arises, that in a popular state, advocates generally possess the greatest power and authority.

29. Ferro in domo ejus incubuit.

He went home and fell upon his sword.

29. Quâ cavetur antiquitùs, nequis ob causam orandum pecuniam donumve accipiat.

By which it was anciently provided, that no one should receive money or presents for pleading a cause.

29. Capiendis pecuniis posuit modum, usque ad dena sestertia, quem egressi repetundarum tenerentur.

He fixed the amount of the sum to be received at ten thousand sesterces, to exceed which was considered as bribery.

29. Nec quidquam publicæ mercis tam venale fuit quam advocatorum perfidia. Nor was there any public traffic so venal as the perfidy of advocates.

29. Quid enim est jus civile? quod neque inflecti gratia, neque perfringi potentia, neque adulterari pecunia possit.

For what is the civil law? that which can neither be biassed by favour, violated by power, nor corrupted by money.

32. Curia pedis pulverizati.

34. Pares.

The dusty-foot court.

Peers, or equals.

34. Quia tollit atque eximit causam e curia baronum.

Because it tolls, i. e. takes away and removes the cause from the court baron

[ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][ocr errors][ocr errors]

34. Accedas ad curiam.

You may come to the court.

34. Recordari facias loquelam.

That you cause the plaint to be recorded.

35. Centeni ex singulis sunt, &c. [Vide ante, vol. i. p. 116.]

35. Inter suos jus dicunt controversiasque minuunt.

Declare the law among their dependants, and abate controversies.

35. Eliguntur in consiliis et principes, qui jura per pagos vicosque reddunt: centeni singulis, ex plebe comites, consilium simul et auctoritas adsunt.

The lords are also chosen in their councils who administer justice through the towns and districts. The jury for each hundred are chosen from the people, and have both council and authority.

36. Forum plebeiæ justiciæ et theatrum comitivæ potestatis.

The court of justice for the common people and the theatre of the power of the county.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

37. Præpositus ad quartam circiter septimanam frequentem populi concionem celebrato: cuique jus dicito; litesque singulas dirimito.

Let the sheriff hold a full assembly of the people about once a month: declare the law to every one; and severally determine suits.

38. Aula regia-Aula regis.

38. Capitalis justiciarius totius Angliæ.

Chief Justiciary of all England.

The King's Bench.

39. Communia placita non sequantur curiam regis, sed teneantur in aliquo loco certo.

place.

Let not the common pleas follow the king's court, but be held in some fixed

[blocks in formation]

41. Nec super eos, per vim vel per arma ibimus nisi per legem regni nostri vel per judicium parium suorum.

Nor will we proceed against them by force or arms, unless warranted by the law of our kingdom, or by the judgment of their peers.

41. Coram ipso rege.

Before the king himself.

« SebelumnyaLanjutkan »