feloniously, wilfully, and of their malice aforesaid, did kill and murder, against the peace of our said lord the king, his crown and dignity. [After framing the indictment against the principal in the Common in usual form, at the foot, proceed as follows.] And the jurors dictment aforesaid, upon their oath aforesaid, do further present, that against an accessary beI. K. late of, &c. labourer, before the said felony, (or "felony fore the fact and murder," or "burglary," &c. as the case is) was commit- to murder, burglary or ted in form aforesaid, to wit, on, &c. with force and arms, at, felony. (u) &c. did unlawfully and feloniously counsel, aid, abet, and procure (or if for murder, " did feloniously and maliciously incite, move, procure, aid, counsel, hire, and command") the said C. D. to do and commit the said felony, (or "the said felony and murder") in manner and form aforesaid, against the peace of our said lord the king, his crown, and dignity. (And if against a statute, add "and against the form of the statute, in such case made and provided.") accessary [After framing the indictment against the principal, in the Indictment usual form, at the foot proceed as follows.] And the jurors against an aforesaid, upon their oath aforesaid, do further present, that for harbourI. K. late of, &c. labourer, well knowing the said C. D. to ing the prinhave done and committed the said felony and burglary (accord- cipal felon. ing to the fact,) in* form aforesaid, afterwards to wit, on, &c. with force and arms, at, &c. him the said C. D. did feloniously receive, harbour, and maintain against the peace of our said lord the king, his crown, and dignity. (i) [*6] INFORMATIONS, EX OFFICIO, BY ATTORNEY GENERAL. Michaelmas Term, in the 56th year of the reign Middlesex, (to wit.) Be it remembered, that A. B. esquire, Information attorney general of our sovereign lord the now king, who for by the attorour said lord the king prosecutes in this behalf, in his proper ex officio. person comes here into the court of our said lord the king, (y) (u) See Forms 1 Leach, 401. 515. 1098, 9. Cro. C. C. 8 Ed. 48. 7 Ed. 132. 2 Starkie, 456. See 1 vol. 262. 272. as to the law and necessary allegations. The accessary cannot be convicted on this indictment, if it appear that he was present aiding and abetting, 1 Leach, 515. (x) See form Cro. C. C. 8 Ed. 48. 2 Starkie, 456. As to the law and ne cessary averments, ante 1 vol. 264. (y) See form 2 Ld. Raym. 1461. ney general Second same. (z) before the king himself at Westminster, in the county of And the said attorney general of our said lord the king, count of the who prosecutes as aforesaid, further gives the court here to understand and be informed that the said C. D. on, &c. [state the offence as in a second count in an indictment, and conclude the whole as follows.] Conclusion tion. Whereupon the said attorney general of our said lord the of informa- king, who for our said lord the king in this behalf prosecutes, for our said lord the king prays the consideration of the court here in the premises, and that due process of law may be awarded against the said C. D. in this behalf, to make him answer to our said lord the king, touching and concerning the premises aforesaid, &c. INFORMATION* BY MASTER OF CROWN OFFICE. Trinity Term, 39 George III. Denbighshire, (to wit.) Be it remembered, that James Templer, esquire, coroner and attorney of our lord the now king, in the court of our said lord the now king, before the king himself, who prosecutes for our said lord the king in this behalf, in his proper person comes here into the court of our said lord the king, before the king himself at Westminster, on Tuesday next after the Octave of the Purification of the Blessed Virgin Mary, in the 39th year of the reign of our sovereign lord the now king, and for our said lord the king, gives the court here to understand and be informed that C. D. late of, &c. [here state the offence with the same precision as in an indictment, and conclude each count according to the nature of the offence as follows.] To the great damage of him the said A. B., to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown, and dignity. And the said coroner and attorney of our said lord the king, (z) See form of second count, 2 Ld. Raym. 1462. who for our said lord the king in this behalf prosecutes, fur- ment of sether giveth the court here to understand and be informed that cond count. the said C. D. on, &c. [state offence as in second count of an indictment.] Whereupon the said coroner and attorney of our said lord Common the king, who for our said lord the king in this behalf prose- conclusion. cuteth for our said lord the king prayeth the consideration of the court here in the premises, and that due process of law may be awarded against him, the said C. D. in this behalf, to make him answer to our said lord the king, touching and concerning the premises aforesaid. FORM OF CORONER'S INQUEST. Middlesex. An inquisition indented, taken for our sove- Inquisition reign lord the king, at the Parish of in the County of of murder the in the year [8*] day of of the reign against principal and of before A. B. gentleman,* one of the Coroners (b) of our said lord the king, for the county aforesaid, upon the aiders and view of the body of C. D. then and there lying dead upon the abettors. (a) oaths (c) of E. F., G. H., I. K., &c. [stating all the names] good and lawful men of the county aforesaid, duly chosen, and who being then and there duly sworn, and charged to enquire for our said lord the king, when, where, how, and after what manner, the said C. D. came to his death, do say upon their oath that one L. M. late of aforesaid, gentleman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the, &c. with force and arms, at, &c. in, and upon the aforesaid C. D. in the peace of God, and of the said lord the king, then and there being feloniously, wilfully, and of his malice forethought, did make an assault, and that the aforesaid L. M. then and there with a certain drawn sword made of iron and steel of the value of 5s. which he the said L. M. then and there had, and held in his right hand; the aforesaid C. D. in and upon the left part of the belly of the said C. D. a little above the navel of the said C. D. then and there violently, feloniously, wilfully, and of his malice forethought, thrust, stab, and penetrate, and that the said C. D. with the sword aforesaid, by the thrusting, stabbing, and penetrating aforesaid, did then and there give unto him the said C. D. in and upon the afore (a) As to prosecutions founded on a coroner's inquest, ante 1 vol. 163. See forms Burn J. Coroner, VI. Cro. C. C. 8 Ed. 238. Williams J. Coroner, IV. Imp. Off. Cor. 1 Ed. 68, &c. 2 Ed. 467. 2 Starkie, 356. (b) This seems necessary, Hawk. b. 2. c. 25. s. 119. (c) Hawk. b. 2. c. 25. s. 126. 1 Sid. 140. 1 Keb. 498. said left part of the belly of the said C. D. a little above the navel of the said C. D. one mortal wound of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the aforesaid C. D. then and there instantly died, and so the said L. M. then and there in manner and by the means aforesaid, feloniously, wilfully and of his malice forethought did kill and murder the said C. D. against the peace of our said lord the king, his crown and dignity. And the said jurors further say upon their oath aforesaid, that N. O. of yeoman, and P. Q. of yeoman, were feloniously present with drawn swords at the time of the felony and murder aforesaid, in form aforesaid committed, that is to say on the said, &c. at aforesaid, in the county aforesaid, then and there comforting, abetting, and aiding the said L. M. to do and commit the felony and murder aforesaid, in manner aforesaid, against the peace of our said lord the king, his crown and dignity. And moreover, the jurors aforesaid, upon their oath aforesaid, do say, that the said L. M., N. O. and P. Q. had not, nor any of them had, nor as yet have or [*9] hath, any goods or chattels,* lands or tenements, within the county aforesaid, or elsewhere, to the knowledge of the said jurors. [Or, "And the jurors aforesaid, upon their oath aforesaid, do say, that the said L. M. A. B. at the time of the doing and committing of the felony and murder aforesaid, had goods and chattels contained in the inventory to this inquisition annexed, which remain in the custody of B. C."] In witness whereof, as well the aforesaid coroner as the jurors aforesaid, have to this inquisition put their seals on the day and year and at the place first abovementioned. A. B. Coroner. C. D. G. H. Jurors. PRESENTMENTS BY A JUDGE OR JUSTICE. Presentment Nottinghamshire. Be it remembered, that at the assizes of a judge of and general session of oyer and terminer of our lord the king, a road being holden at Nottingham in and for the county of Nottingham, on 13 Geo. on Thursday the fifteenth day of March in the thirty-second III. c. 78. s. year of the reign of our sovereign lord George the third king 24. (d) of Great Britain, &c. before the right honourable sir James out of repair (d) See notes to next precedent. Eyre, knight, lord chief baron of our lord the king of his court of exchequer; the honourable sir Alexander Thomson, knight, one of the barons of our said lord the king of the same court, and others their fellows, justices of our said lord the king appointed to take and hold the said assizes in and for the said county, and also to hear and determine all treasons, murders, felonies, and other misdemeanours committed within the same county; I, the said sir Alexander Thomson, by virtue of and pursuant to the power and authority given me in and by an act of parliament made and passed in the thirteenth year of the reign of our said lord the king, entitled, "An act to explain, amend, and reduce into one act of parliament, the statutes now in being for the amendment and preservation of the public highways within that part of Great Britain called England, and for other purposes," do upon my own view this day taken present, that from the time whereof the memory of man is not to the contrary, there was and yet is a certain [*10] common and ancient king's highway leading from -- in the county of towards and unto Nottingham in the used for all the liege subjects of our said lord the king, with their horses, coaches, carts, and carriages, to go, return, pass, and repass at their will and pleasure, and that a certain part of the same king's common highway, situate, lying, and being in the parish of in the said county of Nottingham, to wit, &c. was, and yet is very ruinous, miry, deep, broken, and in great decay for want of due reparation and amendment of the same, so that the liege subjects of our said lord the king through the same way with their horses, coaches, carts, and carriages, could not, nor yet can go, return, pass, and repass as they ought and were wont to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, through the same highway, going, returning, passing, and repassing, and against the peace of our said lord the king, his crown, and dignity; and that the inhabitants of the said parish of in the said county of Nottingham, the same common highway so as aforesaid in decay, ought to repair and amend, and still of right ought to repair and amend when and so often as it shall be necessary, in testimony whereof, I, the said sir Alexander Thomson, have to these presents set my hand and seal, this fifteenth day of March, one thousand seven hundred and ninety-two. Alexander Thomson, (L. s.) Middlesex. At the general quarter sessions of the peace Presentof our lord the king, held for the said county at -day of in the in the ment by a justice of a road being esquires, out of repair under 13 Geo. III. c. (e) See form on ancient highway Geo. III. c. 78. s. 24. gives a judge of 78. (e) acts, 2 Saund. 157, 8. The Stat. 13 assize or justice jurisdiction. The Crim. Law. |