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The defendant being present here in court, is now here in court charged with the indictment against her in this court for certain misdemeanours in publishing certain impious and obscene libels whereof she is indicted, and having heard the same read, she, the said defendant, is asked by the court here whether she be guilty of the premises thereby charged upon her or not. Whereupon she confesses herself to be guilty thereof, and by consent of Mr. Knapp, of counsel for the prosecutors, she, the said defendant, gives security for her personal appearance in this court, in order to receive the sentence in this court in this prosecution whenever she shall be thereto required, and in the mean time to be of good behaviour.

By the court. After the clerk of the crown had called to the prisoner to Proceedings challenge.

where defendant con

ment. (t)

L. C. J. Holt.-Mr. Knightley, I perceive you have a de- fesses indict. sire to speak something: let us hear what you have to say. Knightley. I humbly beg your lordship's leave that I may speak before the jury be called. What I have to say I beg I [* 270] may have leave to read.

[The prisoner then read his confession.]

Clerk of the crown.-Thou hast been indicted and arraigned of high treason, in compassing and imagining the death and destruction of the king: how sayest thou, Alexander Knightley, art thou guilty of the high treason whereof thou standest indicted or not guilty?

Knightley-Guilty, my lord.

Clerk of the crown.-Art thou content to withdraw thy plea not guilty?

Knightley-Yes, Sir.

Clerk of the crown.-Do you plead to the indictment guilty or not guilty?

Knightley. I am guilty.

Attorney General. Then, my lord, we desire, since he relinquishes his plea of not guilty, that you will record his confession; and since he has confessed the indictment, we have nothing more to do but to wait the judgment of the court.

court.

And the said C. D. saith that he will not contend with our Form of ensaid lord the king, and puts himself upon the mercy of the try of confes sion. (u) And immediately being asked of the premises in the in- Entry of condictment aforesaid, specified above, laid to his charge, and fession of high treason, how he would acquit himself thereof, the said John Hamp-() den says, that he cannot deny but that he is guilty of the high

(w) Trem. 310. Ante 1 vol.

(t) 4 Harg. St. Tr. 778.
(u) 1 Stalk. 55. Ante 1 vol. 421.

421.

for refusing to take the oath of alle. giance

custody of

treason aforesaid in the indictment aforesaid above laid to his charge, in manner and form as by the indictment aforesaid against him is above supposed, and he expressly acknowledges the high treason aforesaid in the indictment aforesaid. And immediately being asked, &c.

Entry of ar- And now, that is to say, on Thursday next, after the month raignment on of Easter, in that same term, before our lord the king of indictment Westminster, comes the aforesaid C. D. in the custody of John Wilkinson, knight, warden of the prison of our lord the king of the fleet, by virtue of a writ of our lord the king of habeas corpus ad subjiciendum, to him thereupon directed, against defendant, who brought here to the bar in his proper person, who is commited was brought to the marshal, &c. and immediately being asked of the preup in the mises above laid to his charge, how he would acquit himself the warden thereof, he says that he cannot deny but that he is guilty of of the fleet, the trespass and contempt aforesaid above laid to his charge, by virtue of in manner and form as by the indictment aforesaid* is above pus ad sub. supposed, and he expressly acknowledges the trespass and jiciendum contempt in the said indictment contained and specified, and and confes thereof he puts himself on the mercy of our lord the king, sion thereup- and upon this Henry Robert Miles, attorney general of our lord the now king, who for our said lord the king prosecutes prayer of judgment by in this behalf for our said lord the king, prays that judgthe attorney ment against the said C. D. upon his own confession may be general. () thereupon given by the court here. Upon which all and sinJudgment. gular the premises, &c.

habeas cor

on, and

[* 271]

(x) Co. Ent. 435. Ante 1 vol. 431.

261

CHAPTER* XI.

[* 272]

RULES TO PLEAD, AND PROCEEDINGS BEFORE ISSUE. (a)

The rules to plead, join in demurrer, and other practical Rules to proceedings, when the indictment has been instituted on, or plead, &c. removed into the court of king's bench, are conducted by the clerks in court in the crown office, see ante, 1 vol. 432, &c. Only a few of those proceedings are here given.

[blocks in formation]

The King Notice in against K. B by deC. D. fendant's

I am yours, &c. E. F.

clerk in

court to de. fendant's

solicitor, that a rule to plead has been entered.

Unless the defendant shall [* 273] peremptorily join in demurrer Peremptory on the morrow, judgment shall for joining be entered for the king.

By the court.

rule in K. B.

in demurrer.

(c)

Notice to

prosecutor

assault, of

Mr. C. D. Take notice, that if the bill of indictment you are bound by recognizance to prefer against me for a supposed assault from a defen. on you at the next general quarter sessions of the peace to dant in cusbe holden, &c. (or "at the session of oyer and terminer tody for an to be holden," &c.) shall be found a true bill, then I intend his intention to plead not guilty to the same at the same sessions, (" or to plead no assizes,") and thereupon to enter and try my traverse to the guilty to insaid indictment immediately at the said sessions (" or as- be preferred, sizes.") Yours, &c. A. B. and to enter and try his traverse the same session. (d)

(a) The forms of the pleadings themselves, the requisites whereof were considered ante in the 1st vol. Chap. XI. not being practical proceedings, are not

arranged in this Chapter.
(c) 6 East, 588.
(Fast, 394.

(d) Toone, 394. Ante 1 vol.
486,7. 1 Leach, 112.

dictment to

Notice at the
assizes of
plea filed,
and that if

issue be join-
ed, &c. he

will try at &c. (e)

next "assizes,

The like in another

form. (f)

The like in

another form. (g)

Between the king and the inhabitants of the parish of St. Mary, in the county of Leicester, on the prosecution of J. H.

Mr. J. H.

Take notice that the defendants have pleaded the plea, whereof a copy is annexed to the indictment preferred and found against them on your prosecution, pursuant to the rule made at the last assizes for that purpose, and that the defendants, in case issue shall be taken on the same, will immediately join issue, and try the same at the next assizes to be held for the county of Leicester. And that in case such plea shall be demurred to they will immediately join in and such demurrer.

argue

Between the king and the inhabitants of the parish of St. Mary, in the county of Leicester, on the prosecution of J. H. in a case of nuisance.

The prosecutor is to take notice, that the defendants have delivered the plea whereof a copy is annexed to the indictment found against them. And that unless the prosecutor shall think fit to reply specially, or demur thereto, at the first sitting of the court at the next assizes for the county of Leicester, the general replication will be entered, and issue taken thereon for the king.

Derbyshire.

John Blencowe, clerk of the assizes. The King against the inhabitants of the parish of St. A. in the county of Derby. Take notice that the above defendants did at the last Lent assizes held at Derby, in and for the county of Derby, file a [* 274] special plea* to the indictment preferred against them for not repairing a highway in a certain place called Ford-lane, and that unless you reply to the said plea before the next assizes to be held in and for the said county, the general replication will be entered, and issue taken thereon on the first day of the said next assizes, and the defendants will take their trial thereon, and that the said defendants may be acquitted and discharged of the said indictment. Dated this of

Rule for al lowing de fendant to withdraw

his plea of

not guilty,

and plead

specially af

ter going

1813.

To Mr. J. B. the prosecutor.
Lincolnshire.

The king
against

Wm. H.

day

Yours, &c. E. F.

Castle of Lincoln, Monday, 29th March, 5
K. G. III. Mr. J. Bathurst.

on behalf of the down to trial, inhabitants of the

In a case of Nuisance.

On the motion of Mr. Serjeant Howitt,
of Counsel with the defendant.
It is ordered, that on the defendant's
paying to the prosecutor the costs of

on payment village of Waterton.J attending with his witnesses at this

of costs. (h)

(e) From Mr. Nicholl's MS.
(f) From Mr. Nicholl's MS.

(g) From Mr. Nicholl's MS. (h) From Mr. Nicholl's MS.

assizes, the defendant's plea of not guilty, pleaded at last assizes, be withdrawn, and that his special plea be received and his recognizance respited. And it is further ordered, in default of the defendant's paying the costs, his recognizance be estreated; and that the prosecutor have notice hereof, and be at liberty to demur or reply as he shall be advised, by the last day of Michaelmas term next, otherwise the clerk of assize will enter the general replication.

By the court.

John Blencowe, clerk of the assizes.

esq. and

withdraw

Upon the motion of esq. being Rule for assigned as counsel for the defendants in this cause, and by ing juror, the consent, and also at the desire and request and by the and that consent of the defendants now at the bar here, and also by the other jurors consent of Mr. Attorney-general on behalf of the king, it may be dis. is ordered by the court here that E. F. the last of the jurors for defen charged, and sworn and impanelled in this cause be withdrawn out of the dant's with panel, and that the rest of the jurors in this cause be dis- drawing plea charged, no evidence whatsoever having been given to the and pleading jury in this cause, either on the part of the king or of the defendants. And it is farther added by the court here, that the defendants have leave to withdraw their pleas of not guilty by them formerly pleaded to the indictment in this cause, and have leave to plead to the jurisdiction of this court, and that the said defendants have time till to-morrow to put in [* 275] such plea, and that they deliver copies of such plea to Mr.

solicitor for the king in this cause, by eight o'clock of this evening. And thereupon the said defendants do now here, at the bar, withdraw their said pleas of not guilty, in order to put in such plea to the jurisdiction of this court as aforesaid.

sign a

another. (i)

action depending for

some cause

E. F. of, &c. maketh oath and saith, that he this deponent Affidavit of did see the clerk of the peace of the county of certificate hereunto annexed, on, &c. and that since (or "before") the time of preferring the indictment this deponent in order to was served with the copy of a capias, issuing out of his ma- apply for a nolle prose jesty's court of common pleas, at the suit of A. B. the prose- qui. (k)

cutor of the said indictment, returnable, &c. and that on, &c. this deponent did receive a notice of a declaration being filed against him at the suit of the said A. B. the prosecutor of the said indictment in the common pleas office in the Temple, for assaulting him the said A. B. which said declaration and indictment this deponent saith are for one and the same assault, and not for different offences.

&c.

[The demurrer book commences with caption of sessions.

(i) Fost. 17. Ante 1 vol. 436,

(k) Cro. C. C. 8th Ed. 22, 7th

Ed. 55. Williams, J. tit. Ses-
sions. Ante 1 vol. 478.

Demurrer book where

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