defendant for dict was same assizes Samuel Clow was also convicted as accessary against judge's in receiving the same yarn knowing it to be stolen, and I do opinion, and hereby further certify your majesty, that John Davies, an therefore re accomplice in the said felony, was the only material witness commending against them, uncorroborated or supported by other material uncondition. testimony, and that the verdict of the jury thereupon was al pardon. therefore against my opinion expressed to them at the time (n) of receiving the said verdict, and before the same was recorded, and therefore I do most humbly recommend them the said Thomas Weston and Samuel Clow as fit objects of your majesty's royal mercy, and that your majesty would be pleased to grant to them your royal free pardon. Dated this 14th day of August, 1770. The like on a similar occasion. (0) To the king's most excellent majesty. 1778. These are most humbly to certify to your majesty, that the several prisoners, whose names are hereunder written, were tried and convicted before us respectively in the last Midland circuit, at the places and for the offences hereinafter specified, and received sentence of death for the same. But some favourable circumstances appearing in their respective cases, we have respited the execution of such sentence, and do humbly recommend them as fit objects of your majesty's [* 448] royal mercy upon their respective conditions* hereinafter mentioned. Dated the day of John Hinson-Tried and convicted before me, at the last Lent assizes held at Northampton, in and for the county of Northampton, for a robbery on the highway, is recommended to mercy upon condition of being sent and kept to hard labour in the raising sand, soil, and gravel from and cleansing the River Thames, or any other service for the benefit of the navigation of the said river, for the term of five years, pursuant to the act of parliament in that case lately made and provided. Certificate recommend. Peter Brown-Tried and convicted before me at the same assizes for stealing a mare, is recommended to mercy upon the like condition, for the term of five years. To the king's most excellent majesty. We do hereby most humbly certify to your majesty that ing several the several persons, hereinafter named, were at the times and defendants places hereinafter mentioned severally convicted and atseparately tainted of the several capital crimes hereinafter specified, convicted to before us, then being two of your majesty's justices of gaol mercy, on specified delivery for the Norfolk circuit. But some favourable circonditions. (P) (n) From Mr. Nicholl's MS. (0) From Mr. Nicholl's MS. Ante 1 vol. 773.. (p) From Mr. Nicholl's MS Ante 1 vol. 773, n. c. 1 Leach' 390. 1779. cumstances appearing on their behalf respectively at their Before me, J. Skynner. C. D.-Convicted and attainted on the 19th day of July last, at Cambridge, for sheep stealing, on condition of his being kept to hard labour in one of the penitentiary houses, (to be erected within one of the counties of [* 449] Middlesex, Essex, Kent, or Surrey, pursuant to the statute in that case lately made) for the term of four years, and in the mean time to be kept to hard labour in the house of correction for the said county of Cambridge. Before me, A respite of an execution. W. Blackstone. Respite of Whereas William Lee was tried and convicted before me execution of at the last Lent assizes held at Derby, in and for the county a prisoner at the request of Derby, of a burglary, and received sentence of death for of the grand the same, and was afterwards reprieved on condition of be- jury, who ing transported to the coast of Africa for the term of seven wished to apyears, and was at the last assizes held at Derby, tried and Piy to his convicted before me of feloniously being at large without pardon him. M.jesty to lawful cause, after the said order of transportation, and was (9) by me left for execution on Friday the 2d day of August next. But application having since been made to me on his behalf by the sheriff and grand jury of the said county of Derby, requesting me to respite the execution of the said William Lee, that they may have an opportunity of making an application to his majesty on the behalf of the said William Lee, I do therefore respite the execution of such sentence until his majesty's pleasure shall be further known with respect to the said William Lee. Given under my hand this 25th day of July, 1782, E. Willes. Numerous forms of petitions will be found throughout the Petition for pardon. (r) (9) From Mr. Nicholl's MS. (r) Ante 1 vol. 774. Crim. Law. VOL. IV. 3 H state trials, see the petition of earl of Clarendon to the Lords and Commons, 2 Harg. St. Trials 578, which was afterwards voted scandalous: Lord Nairn's to the house of Peers, 6 vol. 11, 12; Captain Porteous's to queen Caroline, then regent, id. 791; and the petition of William Chetwynd, an infant indicted for murder, which was presented to the judges in the absence of the king, 9 id. 539. These are too long and too much involved in their particular circumstances to be inserted here; they are rather matter of historical curiosity than practical utility. G. R. Whereas Solomon Hill was at the last assizes holden for our county of Gloucester, tried and convicted of horse stealing, and had* sentence of death passed upon him for the same; and whereas some favourable circumstances have been humbly represented unto us in his behalf, inducing us to extend our mercy and grace unto him and to grant him our free pardon for his said crime: Our will and pleasure therefore is, that you cause him, the said Solomon Hill, to be forthwith discharged out of your custody, and that he be inserted for his said crime in our first and next general pardon that shall come out for the Oxford circuit, without any condition whatsoever and for so doing this shall be your warrant. Given at our court of St. James this 12th day of May, W. W. Grenville. To our trusty and well-beloved our jutices To the lord high treasurer of England, chancellor, under-treasurer, and barons of our exchequer, and all other officers and ministers of the same court for the time being, and to the chief justice and the rest of our justices of our court of king's bench, and to our attorney-general, and all other officers and ministers of the same court for the time being, greeting. Whereas in Michaelmas term, in the tenth year of our reign, upon an information in our name exhibited in our court of king's bench against C. D., esquire, and others, for divers offences, trespasses, and contempts therein mentioned, the said C. D., by judgment of the same court was fined to us in the sum of (s) 15 East. 463. Ante 1 vol. 770. See the Countess of Somerset's pardon, 1 Harg. St. Tr. 367; and the Earl of Somerset's, id. 369; and Queen Anne's procla mation pleaded ineffectually, 5 id. 510; see also 4 id. 684, 5; 5 id. 298; 782; 11 id. 63. (t) Trem. P. C. 303. Ante 1 vol. 762. 5001. and to be committed to our prison of our Marshalsea during our pleasure, and that he should sufficient security for his good behaviour to us and our people, as by the said information and judgment thereupon remaining upon record in our said court of king's bench more at large may appear. And whereas the said C. D. hath been restrained of his liberty, since the last parliament, for not satisfying the said fine so imposed on him as aforesaid, now know ye that we of our special grace have remitted, released, and quitted claim, and by these presents, for ourselves, our heirs, and successors, do remit, release, and quit claim unto the said C. D. the said fine or sum of 500l. by the judgment of our said court on him the said C. D. imposed as aforesaid, and all commitment, imprisonment, and other matters whatsoever adjudged or inflicted upon him [* 451] by our said court for or by reason of the trespasses, offences, or contempts aforesaid, wherefore we do, by these presents, will and require, as well the lord treasurer, chancellor, under treasurer, and barons of the exchequer, as the justices of our court of king's bench, and the officers and ministers of the said several courts respectively to whom it shall or may appertain, that they and every of them respectively, at all times hereafter, do forbear and utterly surcease to make or grant forth any extents, seizures, executions, or other process whatsoever against the said C. D. his heirs, executors, or administrators, or his or their lands, tenements, hereditaments, goods, or chattels for or concerning the levying of the said fine or sum of 500!. or any other part thereof. And that they take order, as well for his full and clear discharge thereof as of and from his commitment and imprisonment as aforesaid. And these presents, or the inrolment thereof, shall be unto them and every of them to whom it may or shall appertain, a sufficient warrant and discharge in that behalf; and lastly, we will and by these presents authorize and require our attorney-general for the time being, for us and in our behalf, to acknowledge satisfaction upon record of and for the said fine of 500/. on the said C. D. by judgment of our said court so imposed as aforesaid, whereby he may be fully and absolutely acquitted and discharged thereof against us, our heirs and successors, and these presents or the inrolment thereof, shall be unto our said attorney-general for the time being, a good and sufficient warrant in that behalf. Given under our privy seal at our palace of Westminster the 7th day of March, in the fifteenth year of our reign, To the king's most excellent majesty. These are most humbly to certify your majesty, that at the Certificate of last assizes, holden at Nottingham, in and for the county of judge of asNottingham, Augustus Mellor and Mary Howe, were tried respited de and capitally convicted before me of feloniously uttering a fendant on size, that he which the indictment forged bank of England note. That conceiving there were for forgery, valid legal objections against the indictment upon which to take opinion on suf- they were tried and convicted, I respited judgment thereon ficiency of until the next assizes, that in the mean time the opinion of indictment the judges might be taken on the said conviction. That the judges have judges having fully and maturely considered the case of the prisoners are unanimously of opinion, that the indictment of and conse- which they are convicted is defective and bad, and that the prisoners ought to have been acquitted thereof.* I do therefore most humbly certify and recommend the said prisoners to your majesty for your majesty's most gracious royal free [* 452] pardon. Dated, &c. held bad, quent recom- Call to pri. benefit of Clerk of assize says, "C. D. hold up your hand. You was at the last assizes attainted of [as in the indictment, naming pardon. (x) the offence,] what have you now to say why the court should not proceed to award execution against you on the said judgment?" And then the clerk of the assize is to say, "Down upon your knees, and pray the benefit of his majesty's pardon on condition, &c. [then read secretary of state's letter or pardon.] Verdict that defendant At which day comes the aforesaid J. A. in the custody of was guilty of the marshal aforesaid, in his proper person; and the jurors manslaugh of the jury aforesaid being summoned, came, who to speak ter, but not the truth of the premises, being elected, tried, and sworn, guilty of murder. (y) say, upon their oath, that the aforesaid J. A. is not guilty of recommitted the felony and murder aforesaid; but the same jurors farther on their oath say, that the said J. A. is guilty of the felony, manslaughter, homicide, &c. and that he has no goods nor chattels, lands nor tenements, &c. therefore it is considered that the said J. A. as to the felony and murder aforesaid, go Defendant is thereof undisturbed, &c. Upon which, for divers reasons, to the mar- the court of the lady the queen, then especially moving, the shal Plea of said J. is again committed to the marshal. And afterwards, the act of that is to say, on Wednesday after fifteen days of the Holy general par don, 35 Eliz. Trinity, came the aforesaid J. A. in the custody of the aforesaid marshal, in his proper person, and as to the felony and manslaughter aforesaid he pleaded the act of parliament of free pardon of the 35th year of the reign of the said lord the king, and he prayed to be thereof acquitted, &c. And EdReplication ward Coke, esquire, attorney-general of the lady the queen, ney-general, who prosecutes for the said lady the queen, says, that the that defen said J. A. ought not to have or enjoy the benefit of the pardant not endon aforesaid; because he says, that he the said J. on the benefit of it, last day of the session of the parliament aforesaid, was in the as he was a prison of the marshal of the Marshalsea of the lady the queen, prisoner in before the lady the queen, by the command of by the attor. titled to the the K. B. prison the (u) From Mr. Nicholl's MS. and see ante 1 vol. 775. (y) Trem. P. C. 272, S, 311. |