CHAPTER I. THE USUAL COMMENCEMENTS AND CONCLUSIONS dictment at MIDDLESEX. The jurors for our lord the king upon their Commenceoath present, that Elizabeth Powell, late of the parish of Saint ment of inPaul 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 Middleof God of the United Kingdom of Great Britain and Ireland, 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 and liberty Middlesex, did &c. [State offence.] of Westmin sex, for an ster. Middlesex. The jurors for our lord the King upon their Commenceoath present, that A. B. late of the parish of Saint the fields, in the county of Middlesex, yeoman, &c. as above.] Martin in ment of in[Proceed dictment at sessions for county of Middlesex, for an offence committed within city and liberty of Westminst. (6) ment of indictment at [*2] City, borough, and town of Westmin-The jurors for our Commencelord the king upon ster, in the county of Middlesex. 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 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 (a) It is generally preferable to state the defendant's addition of place in the parish or place where the offence was committed, ante 1 vol. 210. (6) This is the proper form of commencement of indictment at the sesCrim. Law. sions for Middlesex, for an offence VOL. II A fence com: mitted with- aforesaid, and within the liberty aforesaid in the city, borough, in same but and town of Westminster aforesaid, in the county of Middlesex aforesaid, did, &c. [State offence.] without St. Martin's le ment of in Commence- City, borough, and town of Westminster, in the county of Middlesex, and Saint Martin's-le-Grand, London. dictment at for an of The jurors for our lord the king upon their oath present, sessions for 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 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.] also within le Grand. (d) sizes or ge- (e) The like Essex, (to wit.) The jurors for our lord the king upon their oath present, that C. D. late of the parish of in the county of Essex, (f) labourer, on the thirty-first day of December, in the fifty-sixth 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, (g) with force and arms at the parish of aforesaid, in the county of Essex aforesaid, &c. [State offence.] 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 in the county of Essex, labourer, otherwise called John Baldwin, on, &c. dictus of surname. (h) 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 county of* Essex, gentleman, otherwise called C. D. late of the same place, esquire, on, &c. addition of degree. (i) [*3] The like against a Essex, (to wit.) The jurors for our lord the king upon their oath present, that E. D. wife of C. D. late of the parish indicted se- of in the county of Essex, yeoman, on, &c. feme covert 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 ral defend ants. (1) (c) As to this form see Cro. C. c. 7 Ed. 37. (d) As to this form see Cro. C. C. 7 Ed. 37. (e) Cro. C. C. 8 Ed. 45. (f) It is usual and better to state defendant's addition of county where he resides, see reason, ante 1 vol. 210. (g) This is the present style. in (h) The addition should always be before the alias dictus, ante 1 vol. 210. (i) Fost. 5. (k) Ante 1 vol. 210. 2 Hale, 176, 7. Cro. C. C. 8 Ed. 35. Bac. Ab. Misnosmer, B. 4. Cro. Eliz. 198,750. 2 Inst. 669. Hawk. b. 2. c. 23. s. 124. (1) In Hawk. b. 2. c. 25. s. 76. it is 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. for an of'fence with Admiralty of England. The jurors for our sovereign lord Indictment the king upon their oath present, that C. D. late of mariner, on, &c. with force and arms upon the high sea, in the Adminear 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 (0) 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.] cond or subsequent count. (n) [*4] 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 against the peace of our said lord the king, his crown, and dignity. conclusion of an indictment or se cond count at common law. (p) offence has 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 been partiand his laws, and against the peace of our said lord the king, ticularly inhis crown, and dignity. of place after the name of each defendant, 1 Bulstr. 183. Bac. Ab. Indictment, G. 2. but see Fost. 5. (m) Cro. C. C. 8 Ed. 443. 447. 7 Ed. 700. 707. Starkie, 367. 1 Leach, Cro. L. 4 Ed. 388. 569. 3 Ed. 432. 648. (n) Cro. C. C. 8 Ed. 45. (0) When a second offence is alleged in the same indictment it should be prefaced with a super sacramen tum suum ulterius præsentant per (p) See ante 1 vol. 245, 6. Cro. (q) In case of libel or other offence more particularly affecting an individual, the form may be as above, jurious to an Conclusion of indict ment or count for In contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, contrary to the duty of the allegiance of him the said C. D. treason. (r) against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown, and dignity. Common indictment or second Against the form of the statute (or "statutes") in such case made and provided, and against the peace of our said lord the king, his crown, and dignity. count on a statute. (s) 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. (r) 6 Wentw. 357. (s) Ante 1 vol. 290, 1, 2. Cro. C. C. 8 Ed. 45. (t) See Forms and law, 1 Leach, Hale, 521, 2. Andr. 195. Fost. 130. And as to indictments against principals in first and second degree, see ante 1 vol. 259, 260. 268, 9. |
