APPENDI X. §. I. RECORD of an Indictment and Conviction of MURDER, at the Affifes. · Warwickshire, to wit, feffion of the lord the king of oyer and oyer and terterminer holden at Warwick in and for the faid county of War- miner. wick, 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 fir Michael Fofter, knight, one of the juftices of the faid lord the king affigned to hold pleas before the king himself, fir Edward Clive, knight, one of the juftices of the faid lord the king, of his court of common bench, and others their fellows, juftices of the faid lord the king, affigned by letters patent of the faid lord the king, under his great feal of Commiffion Great Britain, made to them the aforefaid juftices and others, of and any two or more of them, (whereof one of them the faid fir Michael Fofter and fir Edward Clive, the faid lord the king would have to be one) to inquire (by the oath of good and lawful men of the county aforefaid, 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 treafons, mifprifions of treafons, infurrections, rebellions, counterfeitings, clippings, wathings, falfe coinings, and other falfities of the monies of Great Britain, and of other kingdoms or dominions whatfoever; and of all murders, felonies, manflaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful affem. blies, mifprifions, confederacies, falfe allegations, trefpaffes, riots, routs, retentions, efcapes, contempts, falfities, negligences, concealments, maintenances, oppreffions, champarties, } 13 & it remembered, that in the general ser and Ff3 deceits, miner, peace. deceits, and all other mifdeeds, offences, and injuries whatfoever, and alfo the acceffories of the fame, within the county aforefaid, as well within liberties as without, by whomfoever and howfoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumftances in the faid letters patent of the faid lord the king fpecified; the premifes and every or any of yer and ter- them howfoever concerning; and for this time to hear and determine the faid treafons and other the premises, according to and of the the law and cuftom of the realm of England; and alfo keepers of the peace, and justices of the said lord the king, affigned to hear and determine divers felonies, trefpaffes, and other misdeGrand jury. mefnors committed within the county aforefaid, by the oath of fir James Thomfon, baronet, Charles Roper, Henry Dawes, Peter Wilfon, Samuel Rogers, John Dawfon, James Philips, John Mayo, Richard Savage, William Bell, James Morris, Laurence Hall, and Charles Carter, efquires, good and lawful men of the county aforefaid, then and there impanelleds fworn, and charged to inquire for the faid lord the king and for the Indictment. body of the faid county, it is prefented, that Peter Hunt, late of the parish of Lighthorne in the faid county, gentleman, not having the fear of God before his eyes, but being moved and feduced by the infligation of the devil, on the fifth day of March in the faid fecond year of the reign of the faid lord the king, at the parish of Lighthorne aforefaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the faid lord the king then and there being, felonioufly, wilfully, and of his malice aforethought, did make an affault; and that the faid Peter Hunt with a certain drawn fword, made of iron and fteel, of the value of five fhillings, which he the faid Peter Hunt in his right hand then and there had and held, him the faid Samuel Collins, in and upon the left fide of the belly of him the faid Samuel Collins then and there felonioufly, wilfully, and of his malice aforethought, did ftrike, thruft, ftab, and penetrate; giving unto the faid Samuel Collins, then and there, with the fword drawn as aforefaid, in and upon the left fide of the belly of him the faid Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which faid mortal wound he the faid Samuel Collins, at the parish of Lighthorne aforefaid in the faid county of Warwick, from the faid fifth day of March in the year aforefaid until the seventh day of the fame month in the fame year, did languish, and languishing did live; on which faid feventh day of March in the year aforefaid, the faid Samuel Collins, at the parish of Lighthorne aforefaid, in the county aforefaid, of the faid mortal wound did die: and fo the jurors aforefaid, upon their oath aforefaid, do say, that the faid Peter Hunt him the faid Samuel Collins, in manner and form aforefaid, feloniously, wilfully, and of his malice afore thought, Seffion of very. Arraign ment. thought, did kill and murder, against the peace of the faid lord the now king, his crown, and dignity. thereupon the sheriff Capias. of the county aforefaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the faid Peter Hunt, if he may be found in his bailiwick, and him fafely keep, to answer to the felony and murder whereof he stands indicted. Which faid indictment the faid juftices of the lord the king abovenamed, gaǝl-deliafterwards, to wit, at the delivery of the gaol of the faid lord the king, holden at Warwick in and for the county aforefaid, on Friday the fixth day of Auguft in the faid fecond year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief juftice of the faid lord the king, affigned to hold pleas before the king himself, fir Sidney Stafford Smythe, knight, one of the barons of the exchequer of the faid lord the king, and others their fellows, juftices of the faid lord the king, affigned to deliver his faid gaol of the county aforefaid of the prifoners therein being, by their proper hands to deliver here in court of record in form of the law to be determined. and after. wards, to wit, at the fame delivery of the gaol of the faid lord the king of his county aforefaid, on the said Friday the fixth day of Auguft, in the said second year of the reign of the faid lord the king, before the faid juftices of the lord the king last abovenamed and others their fellows aforefaid, here cometh the faid Peter Hunt, under the cuftody of William Browne, efquire, fheriff of the county aforefaid, (in whofe cuftody in the gaol of the county aforefaid, for the cause aforefaid, he had been before committed) being brought to the bar here in his proper perfon by the faid fheriff, to whom he is here alfo committed: ud forthwith being demanded concerning the premises in the said indictment above fpecified and charged upon him, how he will acquit himfelf thereof, he faith, that he is not guilty thereof; Plea; not and thereof for good and evil he puts himself upon the country guilty. And John Blencowe, efquire, clerk of the aflifes for the county Iffe. aforefaid, who profecutes for the faid lord the king in this behalf, doth the like: Therefore let a jury thereupon here immediately come before the faid juftices of the lord the king laft abovementioned, and others their fellows aforefaid, of free and lawful men of the neighbourhood of the faid parish of Lighthorne in the county of Warwick aforefaid, by whom the truth of the matter may be the better known, and who are not of kin to the faid Peter Hunt, to recognize upon their oath, whether the faid Peter Hunt be guilty of the felony and murder in the indictment aforefaid above fpecified, or not guilty: becaufe as well the faid John Blencowe, who profecutes for the faid lord the king in this behalf, as the faid Peter Hunt, have put themfelves upon the faid jury. And the jurors of the faid jury by the faid fheriff for this purpofe impannelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Ff4 : Richard Venire. Verdict; guilty of murder. 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 fworn, to fpeak the truth of and concerning the premifes, upon their oath fay, that the faid Peter Hunt is guilty of the felony and murder aforefaid, on him above charged in the form aforefaid, as by the indictment aforefaid is above fuppofed against him; and that the faid Peter Hunt at the time of committing the faid felony and murder, or at any time fince to this time, had not nor hath any goods or chattels, lands or tenements, in the faid county of Warwick, or elsewhere, to the knowlege of the faid jurors. And upon this it is forthwith demanded of the faid Peter Hunt, if he hath or knoweth any thing to fay, wherefore the faid juftices here ought not upon the premises and verdict aforefaid to proceed to judgment and execution against him: who nothing farther faith, unless as he before had faid. Where= upon, all and fingular the premifes being feen, and by the faid Judgment juftices here fully understood, it is confidered by the court here, of death, that the faid Peter Hunt be taken to the gaol of the faid lord the king of the faid county of Warwick from whence he came, and from thence to the place of execution on Monday now next enfuing, being the ninth day of this inftant Auguft, and there be and diffec- hanged by the neck until he be dead; and that afterwards his body be diffected and anatomized. tion. Verdict; §. 2. Conviction of Manslaughter. upon their oath fay, that the faid Peter Hunt is not not guilty of guilty of the murder aforefaid, above charged upon him; but that marder; the faid Peter Hunt is guilty of the felonious flaying of the aforemanflaugh- faid Samuel Collins; and that he had not nor hath any goods or guilty of ter. chattels, lands or tenements, at the time of the felony and manflaughter aforefaid, or ever afterwards to this time, to the knowlege of the faid jurors. And immediately it is demanded of the faid Peter Hunt, if he hath or knoweth any thing to fay, wherefore the faid juftices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him : Clergy who faith that he is a clerk, and prayeth the benefit of clergy to prayed. be allowed him in this behalf. Whereupon, all and fingular Judgmentto the premifes being feen, and by the faid juftices here fully unbe burned in derfood, it is confidered by the court here, that the faid Peter the hand, and delivered. Hunt be burned in his left hand, and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the ftatute. §. 3. Entry $. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iffue; and Rule of Court for Execution thereon. Michaelmas term, in the fixth year of the reign of king Kent: The King against Thomas Rogers. Record of attainder afked what he can fay in bar of exe The prifoner at the bar being brought into this court in cuftody of the fheriff of the county of Suffex, by virtue of his majefty's writ of habeas corpus, it is ordered Habeas corthat the faid writ and the return thereto be filed. And it ap- pus. pearing by a certain record of attainder, which hath been removed into this court by his majefty's writ of certiorari, that read; the prifoner at the bar ftands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and the for felony faid prifoner at the bar having heard the record of the faid and robbery. attainder now read to him, is now asked by the court here, what Prisoner he hath to fay for himself, why the Court here fhould not proceed to award execution againft him upon the faid attainder. He for plea faith, that he is not the fame Thomas Rogers in the cution, faid record of attainder, named, and against whom judgment Plea; not was pronounced: and this he is ready to verify and prove, &c. the fame To which faid plea the honourable Charles Yorke, efquire, perfon. Replication attorney-general of our prefent fovereign lord the king, who for our faid lord the king in this behalf profecuteth, being now present here in court, and having heard what the faid prisoner at the bar hath now alleged, for our faid lord the king by way of reply faith, that the faid prifoner now here at the bar is the averring fame Thomas Rogers in the faid record of attainder named, and against whom judgment was pronounced as aforefaid; and this he prayeth may be inquired into by the country; and the faid Iffue joined. prifoner at the bar doth the like: Therefore let a jury in this Venire abehalf immediately come here into court, by whom the truth of warded inthe matter will be the better known, and who have no affinity ftanter. to the faid prifoner, to try upon their oath, whether the faid prifoner at the bar be the fame Thomas Rogers in the faid record of attainder named, and against whom judgment was fo pronounced as aforefaid, or not: because as well the faid Charles Yorke, efquire, attorney-general of our said lord the king, who for our faid lord the king in this behalf profecutes, as the faid prifoner at the bar, have put themselves in this behalf upon the faid jury. And immediately thereupon the faid jury come Jury swor here into court; and being elected, tried, and fworn to speak the truth touching and concerning the premises aforefaid, and having heard the faid record read to them, do fay upon their 9 oath, that he is. L |