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CHAPTER I.

THE USUAL COMMENCEMENTS AND CONCLUSIONS
OF INDICTMENTS, INFORMATIONS, CORONER'S IN.
QUESTS, AND PRESENTMENTS OF A JUDGE OR
JUSTICE.

MIDDLESEX. The jurors for our lord the king upon their commenceoath present, that Elizabeth Powell, late of the parish of Saint ment of in. Paul Covent Garden, in the County of Middlesex, (a) widow, sessions for on the twentieth day of February, in the forty-seventh year of the county the reign of our sovereign lord George the third by the grace

of Middle of God of the United Kingdom of Great Britain and Ireland,

sex, for an

offence comKing, defender of the faith, with force and arms at the said mitted out parish of Saint Paul Covent Garden, in the said county of of the city Middlesex, did &c. [State offence.]

and liberty of Westmin

ster, Middlesex. The jurors for our lord the King upon their commenceoath present, that A. B. late of the parish of Saint Martin in ment of inthe fields, in the county of Middlesex, yeoman, &c. [Proceed dictment at as above.]

county of Middlesex, for an offence committed within city and liberty of Westminst. (6) City, borough, and town of Westmin- The jurors for our Commencester, in the county of Middlesex.lord the king upon ment of in.

dictment at their oath present,* that A. B. late of the parish of saint Martin in the fields, within the liberty of the dean and chap- sessions for

[*2] ter of the collegiate church of saint Peter, Westminster, the the city and city, borough, and town of Westminster in the county of Mid- liberty of

Westminster dlesex, yeoman, &c. on &c. with force and arms at the parish for an of

fence com

(a) It is generally preferable to sions for Middlesex, for an offence state the defendant's addition of committed within the city and liberty place in the parish or place where of Westminster, except the precinct the offence was committed, ante 1 of Saint Martin le Grand, London. vol. 210.

See Cro. C. C. 7 Ed. 36, 37. 8 Ed. (6) This is the proper form of com- 14. mencement of indictment at the sesCrim. Law.

VOL. II:

A

ment of an

mitted with-aforesaid, and within the liberty aforesaid in the city, borough, in same but and town of Westminster aforesaid, in the county of Middlewithout St. Martin's le

sex aforesaid, did; &c. [State offence.] Grand. (c) Commence. City, borough, and town of Westmin-) The jurors for our ment of in

ster, in the county of Middlesex, and lord the king upon dictment at sessions for saint Martin's-le-Grand, London.

their oath present, the city and that A. B. late of the parish of saint James, within the liberty of liberty of the dean and chapter of the collegiate church of Westminster for an of.

saint Peter, Westminster, the city, borough, and town of .fence com

Westminster, in the county of Middlesex, and saint Martinmitted with. le-Grand, London, yeoman, on, &c. with force and arms at in same and the parish aforesaid, within the liberty aforesaid, in the county St. Martin's aforesaid, did, &c. [State offence.] le Grand. (d) Coinmence- Essex, (to wit.) The jurors for our lord the king upon

their oath present, that C. D. late of the parish of — in the indictment at the as

county of Essex, (J) labourer, on the thirty-first day of Desizes or ge. cember, in the fifty-sixth year of the reign of our sovereign lord neral quar. George the third, by the grace of God of the united kingdom ter sessions. of Great Britain and Ireland, king, defender of the faith, ($) (e)

with force and arms at the parish of — aforesaid, in the

county of Essex aforesaid, &c. [State offence.] The like Essex, (to wit.) The jurors for our lord the king upon with an alias their oath present, that John Richardson, late of the parish of

of surname. (h)

in the county of Essex, labourer, otherwise called John

Baldwin, on, &c. The like Essex, (to wit.) The jurors for our lord the king upon with an alias their oath present, that C. D. late of the parish of — in the addition of degree.(i)

county of* Essex, gentleman, otherwise called C. D. late of the [*3]

same place, esquire, on, &c. The like Essex, (to wit.) The jurors for our lord the king upon against a

their oath present, that E. D. wife of C. D. late of the parish feme covert indicted se. of in the county of Essex, yeoman, on,

&c. parately. (k) The like Essex, (to wit.) The jurors for our lord the king upon against seve. their oath present, that C. D. late of the parish of ants. (1)

-, in

(c) As to this form see Cro. C. C. (h) The addition should always be 7 Ed. 37.

before the alias dictus, ante 1 vol. (d) As to this form see Cro. C. C. 210. 7 Ed. 37.

(i) Fost. 5. () Cro. C. C. 8 Ed. 45.

(k) Ante 1 vol. 210. 2 Hale, , defendant's addition of county where Misnosmer, B. 4. Cro. Eliz. 198,750. he resides, see reason, ante 1 vol. 2 Inst. 669. Hawk. b. 2. c. 23. s. 124. 210.

(1) In Hawk. b. 2. c. 25. s. 76. it is (g) This is the present style. said to be safer to repeat the addition

the county of Essex, labourer, E. F. late of the same place, labourer, and G. H. late of the same place, sergemaker,

on, &c.

Admiralty of England. The jurors for our sovereign lord Indictment the king upon their oath present, that C. D. late of

for an of mariner, on, &c. with force and arms upon the high sea, in the Admi

fence with near the coast of Malabar, in the East Indies, and within the ralty jurisjurisdiction of the Admiralty of England, in and on board of diction. (m) a certain ship, called the Adventure galley (whereof the said C. D. was then and there commander) then and there being, feloniously, wilfully, and of his malice aforethought, did, &c. [State the offence and every fact to have happened within the jurisdiction of the Admiralty of England aforesaid, and if for murder conclude as follows:) and so the jurors aforesaid, upon their oath aforesaid, do say that the aforesaid C. D. him the said A. B. upon the high sea aforesaid, in the ship aforesaid, and within the jurisdiction of the Admiralty of England aforesaid, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder against the peace of our said lord the king, his crown and dignity.

And the jurors aforesaid, upon their oath (c) aforesaid, do Commence. further present that the said C. D. on, &c. with force and ment of a searms, at, &c. aforesaid, &c. [State the offence.]

sequent count. (n)

ment or se

In contempt of our said lord the king and his laws, to the Common evil example* of all others in the like case offending, and

[*4] against the peace of our said lord the king, his crown, and conclusion of dignity.

cond count at common law. (p) To the great scandal, infamy, disgrace, and damage of the The like said A. B. to the evil and pernicious example of all others in where the the like case offending, in contempt of our said lord the king

offence has

been parti. and his laws, and against the peace of our said lord the king, ticularly inhis crown, and dignity.

jurious to an individual.

(9) of place after the name of each de. tum suum ulterius præsentant per fendant, 1 Bulstr. 183. Bac. Ab. In- Holt in Granburn's Case, 4 St. Tr. dictment, G. 2. but see Fost. 5. 686. 6 St. Tr. App. 56. 2 Salk.

(m) Cro. C. C. 8 Ed. 443. 447. 7 632. Holt, 687. Ed. 700. 707. Starkie, 367. 1 Leach, (0) See ante 1 vol. 245, 6. Cro. Cro. L. 4 Ed. 388. 569. 3 Ed. 432. C. C. 8 Ed. 45. The conclusions va. 648.

ry according to the nature of the of(n) Cro. C. C. 8 Ed. 45.

fence. ( When a second offence is al- (9) In case of libel or other of: leged in the same indictment it should fence more particularly affecting an be prefaced with a super sacramen- individual, the form may be as above,

Conclusion In contempt of our said lord the king and his laws, to of indict

the evil example of all others in the like case offending, ment or count for contrary to the duty of the allegiance of him the said C. D. treason. (») against the form of the statute in such case made and pro

vided, and against the peace of our said lord the king, his crown, and dignity.

Common Against the form of the statute (or “ statutes') in such case conclusion of made and provided, and against the peace of our said lord the indictment or second king, his crown, and dignity. count on a statute. (8)

Indictment Essex, (to wit.) The jurors for our lord the king upon for a murder their oath present, that C. D. late of, &c. and E. F. late of, against a

&c. on, &c. with force and arms at, &c. in and upon one A. B. principal in first degree in the peace of God, and of our said lord the king, then and and a princi

: there being, feloniously, and wilfully, and of their malice pal in second aforethought, did make an assault, and that the said C. D. a degree. (t)

certain

gun called a carbine of the value of £10, then and there charged with gunpowder, and a leaden bullet, which said gun, he the said C. D. in both his hands, then and there had and held at and against the said A. B. then and there feloniously, wilfully, and of his malice aforethought, did shoot off and discharge, and that the said C. D. with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded to, at, and against the said

A. B. as aforesaid, did then, and there, feloniously, wilfully, [*5] and of his malice aforethought,* strike, penetrate, and wound

the said A. B. in and upon the right side of the head of him the said A. B. near his right temple, giving to him the said A. B. then and there, with the leaden bullet aforesaid, by means of shooting off and discharging the said gun so loaded, to, at, and against the said A. B. and by such striking, penetrating, and wounding the said A. B. as aforesaid, one mortal wound, in and through the head of him the said A. B. of

which said mortal wound the said A. B. did then, and there, Offence of instantly die; and that the said E. F. then and there, felothe principal niously, wilfully, and of his malice aforethought, was present, in second degree.

aiding, helping, abetting, comforting, assisting, and maintaining the said C. D. in the felony and murder aforesaid, in manner and form aforesaid to do and commit. And the jurors aforesaid, upon their oath aforesaid, do say, that the said C. D. and E. F. him, the said A. B., in manner and form aforesaid,

ante 1 vol. 245. Cro. C. C. 8 Ed. 360. 388. 515. 2 East P. C. 516. 1 256, 7.

Hale, 521, 2. Andr. 195. Fost. 130. (r) 6 Wentw. 357.

And as to indictments against princi(8) Ante 1 vol. 290, 1, 2. Cro. C. pals in first and second degree, see C. 8 Ed. 45.

ante 1 vol. 259, 260, 268, 9. (1) See Forms and law, 1 Leach,

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