indictment removed into B. R. (i) at which the indictment was found, and the demurrer book then proceeds as follows.] Which said indictment our said lord the king afterwards, for certain reasons, caused to be brought before him, to be determined according to the law and custom of England, wherefore the sheriffs of London were commanded that they should cause them to come to answer to our said lord the king touching and concerning the premises aforesaid; and now, to wit, on Wednesday next, after five weeks of Easter in this same term, before our said lord the king at Westminster, comes the aforesaid C. D. by Benedict Brown, his clerk in court, and having heard the said indictment read, he saith that he doth not apprehend that our said lord the king will or ought farther to impeach him the said C. D. for the premises, because he saith that the indictment aforesaid is not sufficient in law, and to which he hath no necessity, nor is he bound by the law of the land in any manner to answer the same, and for the insufficiency thereof they pray judgment, and that they may be dismissed by the court here concerning the premises, &c. And G. H. knight, coroner and attorney of our said lord the king, in the court of the said king, before the king himself, who prosecutes for the said lord the king, in this behalf for the said lord the king, saith that [276] the indictment* aforesaid, and the matter therein contained, are good and sufficient in law to compel them the said C. D. to answer the said indictment, wherefore, for want of a sufficient answer in this behalf, he prays judgment, and that the said C. D. by the court here may be convicted of the premises, &c. Joinder in demurrer. Record on murrer thereto and thereon for the defendant for want of a joinder in demurrer. (m) Pleas before our lord the king at Westminster, of Trinity Term, in the forty-first 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. Amongst the pleas of the king. Roll. judgment Borough of Saint AlSome time ago, that is to say, on bans, in the county | Friday in the first week next after of Hertford, amongst the Epiphany, to wit, the sixteenth the indictments of day of January, in the forty-first this term, No. 17. J 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, and in the year of our Lord one thousand eight hundred and one, at the general quarter session of the peace of our sovereign lord the king, holden in and for the said borough, before R. B. esquire, mayor of the said borough, P. L. esquire, recorder, T. K. F. C. S. D. A. esquires, and others their fellows, justices of our said lord the king, ap (1) 3 Lord Raym. 39. (m) See form, Hand's Prac. $84. pointed to conserve the peace within the said borough, and also to hear and determine divers felonies, trespasses, and other misdemeanours committed within the same, upon the oath of twelve jurors, good and lawful men of the borough aforesaid, then and there sworn and charged to inquire for our said lord the king for the body of the borough aforesaid, it was presented in manner and form as followeth, that is to say, Borough of Saint A. in the county of H. to wit, the jurors for our lord the king upon their oath present, that, &c. [here the indictment was set forth verbatim,] which said indictment our said lord the king, afterwards for certain reasons caused to be brought before him, to be determined according to the law and custom of England; wherefore the sheriff of the said county of H. is commanded that he do not forbear, by reason of any liberty within his bailiwick, but that he cause him to come to answer to our said lord the king, touching and concerning the premises aforesaid: and now, that is to say, on Friday next after the morrow of the Holy Trinity, in this same term, before our said lord the king at Westminster cometh the said W. J. by H. B. his clerk in court, and having heard the said indictment read, saith, that our said lord the king ought not any farther to impeach him, the said W. on occasion of the premises [* 277] whereof he is by the said indictment accused, because he saith, that the said indictment and the matters therein contained, are not sufficient in law to compel him, the said W. to answer thereto, and that no process upon the said indictment ought by the law to be made against him, the said W. and this he is ready to verify; wherefore he prays the judg ment of the court here, and that he may be dismissed, and discharged from the said indictment; and the said coroner and attorney of our said lord the king, who for our said lord the king in this behalf prosecuteth, doth not join in demurrer in law with the said W. J. nor doth he say any thing further in the premises: whereupon all and singular the premises Judgment of being seen and fully understood by the court of our said discharge of lord the king now here, for that no one came on the behalf of our said lord the king, further to inform the court here in the premises, or to join in demurrer in law with the said W. J. it is considered and adjudged by the said court here, that the said W. J. be dismissed, and discharged by the court here of and from the premises above specified in the said indictment, and that he depart without day. defendant. Crim. Law. VOL. IV. L 1 266 [* 278] CHAPTER XII. TRAVERSES AND ISSUES-NOTICES OF TRIAL, AND OTHER Traverse at Somerset. Heretofore, to wit, at the sessions (or "general sessions. (a quarter sessions") of the peace of our said lord the king, holden at Bridgwater, in and for the county of Somerset, on the Tuesday next before the feast of St. Matthew the Apostle, in the year of the reign of George, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, before J. P. K. P. L. M. I. K. and G. H. esquires, and others their companions, justices of our said lord the king, assigned to keep the peace in the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanours, in the same county committed, by the oath of twelve jurors, that is to say, A. B. C. D. G. H. &c. (naming the grand jury,) good and lawful men of the county aforesaid, then and there sworn and charged to in[279] quire for our said lord the king, and the body of the said county, it is (b) found and presented as follows, that is to say, (a) Ante 1 vol. 482, 486. See form, Burn. J. Traverse. Williams, J. Traverse. 1 Leach, 111. 4 East. 175.8 East. 209. 4 Burr. 2085. The next is a more modern form. (b) In Burn, J. Traverse, the words are, "It was presented, &c." but the entries of the proceedings of a court should in general be in the present tense. Somersetshire, (to wit.) The jurors, &c. [here set forth indictment, and then proceed as follows.] Whereupon it is commanded to the sheriff, that he omit not, by reason of any liberty within his bailiwick, but cause the said C. D. (party indicted) to come to answer. And afterwards, to wit, on the Tuesday aforesaid, next before the feast of St. Matthew the Apostle, in the year aforesaid, before the aforesaid justices cometh the aforesaid C. D. in his proper person, and having had the hearing of the indictment aforesaid, saith that he is thereof not guilty, and of this he puts himself upon the country. And Adam Martin, who for our lord the king in this behalf prosecutes, in like manner doth the same. Therefore let there come thereupon a jury, before, &c. issue at ad for Lanca Lancashire, (to wit.) Be it remembered, that at the gene-Traverse or ral quarter session of the peace of our sovereign lord the journment of king, holden at L. in and for the county palatine of L. on general quar. Tuesday, to wit, the ninth day of January, in the thirty-eighth ter sessions year of the reign of our sovereign lord George the third, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth, before I. B. and E. R. esquires, and others their companions, then and there present, justices of our said lord the king, assigned to keep the peace of our said lord the king, as also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county perpetrated, that same general quarter session of the peace of our said lord the king is adjourned by the aforesaid justices of our said lord the king, in that court being, until Thursday, to wit, the eleventh day of the same month of January, in the thirty-eighth year aforesaid, to be holden at B. in A. in and for the said county. At which session of the peace of our said lord the king, holden by the said adjournment at P. in A. aforesaid, in and for the said county, the said eleventh day of January, in the thirty-eighth year above said, before J. B. clerk and R. A. esquire, and others their companions then and there present, justices of our said lord the king, assigned to keep the peace of our said lord the king, as also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county perpetrated, that same general quarter session of the peace of our said lord the king is further adjourned by the last-mentioned justices of our said lord the king, in that court being, until Monday,* to wit, the fifteenth day of the same month of January, in the thirty-eighth year aforesaid, to be holden at W. in and for the said county. At which session of the peace of our said lord the king, holden by the said adjournment at W. aforesaid, in and for the said county, the said fifteenth day of January, in the thirty-eighth year above said, (c) Hand. Prac. 464 to 467. And see last form, and notes 280] before W. H. and T. L. esquires, and others their companions then and there present, justices of our said lord the king, assigned to keep the peace of our said lord the king, as also to hear and determine divers felonies, trespasses, and other misdemeanours, in the said county perpetrated, that same general quarter session of the peace of our said lord the king is further adjourned by the same last-mentioned justices of our said lord the king, in that court being, until Wednesday, to wit, the seventeenth day of the same month of January, in the thirty-eighth year aforesaid, to be holden at the New Bayley court-house, within S. in and for the said county. At which session of the peace of our said lord the king, holden by the said adjournment at the New Bayley court-house, within S. in and for the said county, the said seventeenth day of January, in the thirty-eighth year above said, before I. B. B. and P. D. esquires, and others their companions, then and there present, justices of our said lord the king, assigned to keep the peace of our said lord the king, as also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county perpetrated, upon the oaths of C. W. of C. &c. [here insert the names of the grand jurors,] gentlemen, good and lawful men of the county of L. aforesaid, then and there sworn and charged to inquire for our said lord the king, and for the body of the said county, it is presented in manner and form as followeth, that is to say, Lancashire, (to wit.) The jurors, &c. [here set forth the indictment.] Whereupon the sheriff of the said county is commanded to apprehend and take the body of the said A. S. and thereupon, at the same general quarter session of the peace, held by the said last-mentioned adjournment at the New Bayley court-house, within S. aforesaid, in and for the said county, the said seventeenth day of January, in the thirtyeighth year above said, before the said justices of our said lord the king above named, cometh the said A. S. in his proper person, and having had hearing of the said indictment aforesaid, was instantly to speak to this court, how he would acquit himself of the premises aforesaid, in the indictment aforesaid above charged and imposed on him, who saith that he is not guilty of the misdemeanours aforesaid, in the indictment aforesaid above alledged against him, and therefore of the good and evil thereof doth put himself upon the country; and E. L. esquire, attorney[* 281] general* of our said lord the king, of and for the county palatine of L. aforesaid, who for our said lord the king here in this behalf doth follow for our lord the king, doth so likewise. Therefore it is commanded that the sheriff of the county palatine of L. aforesaid omit not, by reason of any liberty within his bailiwick, to cause to come before the justices of our said lord the king, assigned to keep the peace of our said lord the king in the county of L. and also to hear |