nance of his body, did miserably perish and die; and so, &c. [as ante 751.*]

INDICTMENTS FOR PETIT TREASON.

*his mas

That A. B. late of, &c. labourer, late the servant of E. F. his For petit master, not having the fear of God before his eyes, but being treason, where a moved and seduced by the instigation of the devil, and of his servant malice aforethought contriving and intending him the said E. F strangled his said master to deprive of his life, and him feloniously and ter. (k) traitorously to kill and murder, on, &c. with force and arms, at, &c. in and upon the said E. F. his said master, in the peace of God and our said lord the king, then and there being, feloniousły, traitourously, () wilfully, and of his malice aforethought, did make an assault, and that the said A. B. a certain silk handkerchief of the value of one shilling, about the neck of him the said E. F. *then and there feloniously, traitorously, wilfully, and of his malice aforethought, did fix, tie, and fasten, and that the said A. B. him the said E. F. with the silk handkerchief aforesaid, did then and there choak, suffocate, and strangle, of which said choaking, suffocation, and strangling, he the said E. F. then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said A. B. the servant of the said E. F. him the said E. F. his said master, in manner and by the means aforesaid, feloniously, traitorously, (4) wilfully, and of his malice aforethought, did kill and murder, against the peace, &c.

[*779]

That H. R. late of, &c widow, late servant of H. M. widow, Against a her mistress, not having, &c. but being moved and seduced, &c. servant and of her malice aforethought, contriving and intending her der and

(*) From Cro. C. C. 270. See other precedents, Imp. Off. Cor. 474. 3d ed. as to the offence, &c. see ante 742.*

(1) This word must always be inserted, or judgment can only be given for murder. 1 East, P. C. 346.

(m) This was the indictment against Henrietta Radbourne, 1

Leach, 457. The charge, though
clearly proved by circumstantial
evidence, was not supported by
two witnesses, as is necessary in
petit treason, (see ante 774*.) but
the prisoner was convicted of mur-
der, that conviction was held valid,
and she was executed pursuant to
her sentence.

for mur

petty treason, in one count.

(m)

For petty treason

against a

woman

[*780]

the said H. M. her mistress to deprive of her life, and felo-
niously and traitorously to kill and murder, on, &c. with force
and arms, at, &c. aforesaid, in and upon the said H. M. the
mistress of the said H. R., feloniously, traitorously, wilfully, and
of her malice aforethought, did make an assault, and that the
said H. R. with a certain stick, having a bayonet fixed at the
end thereof, of the value of two shillings, which stick she the
said H. R. in both her hands then and there had and held, in
and upon the top
of the head of her the said H. M., did then
and there feloniously, traitorously, wilfully, and of malice afore-
thought of her the said H. R., strike, cut, stab and penetrate,
giving to the said H. M. by such striking, cutting, stabbing,
and penetrating of the said H. M. with the bayonet so fixed at
the end of the stick aforesaid, in upon the top of the head of her
the said H. M. one mortal wound, of the length of one inch,
and of the depth of half an inch, of which mortal wound, thẹ
said, H. M. from the said, &c. until, &c. in and at, &c. aforesaid,
did languish, and languishing did live, on which said, &c. at,
&c. aforesaid, of the mortal wound aforesaid, she the said H.
M. died. And so, &c. [as supra 779.*]

That A. B. late of, &c. widow, late wife of J. B., late of the same place, yeoman, deceased, not having, &c. but being moved and seduced, &c. and of her malice aforethought, contriving, for poidevising, and intending him the said J. B. her said late hussoning her husband. band, to deprive of his life, and him feloniously, and traitor(n) ously to kill and *murder, on, &c. with force and arms, at, &c. aforesaid, feloniously, traitorously, wilfully, and of her malice aforethought, did mix and mingle a great quantity of deadly poison, called arsenic, into a quantity of water gruel; and that the said A. B. then and there, feloniously, traitorously, wilfully, and of her malice aforethought, did give and deliver the said water gruel, so mixed with the said poison as aforesaid, to the said J. B., her said then husband, to be drank by him the said J. B. (she the said A. B. then and there well knowing the said arsenic to be a deadly poison.) And that the said J. B., by the persuasion and instigation of the said A. B. the said water gruel,

(n) Cro. C. C. 8th ed. 471. 2 Stark. 361.

so mixed with poison as aforesaid, (not knowing the same to be deadly poison,) did then and there drink, and swallow down into his body, by which drinking and swallowing of the said water gruel, so mixed with poison as aforesaid, the said J. B. then and there became sick and greatly distempered in his body, of which sickness and distemper, he the said J. B., from the said, &c. until, &c. did languish, and languishing did live, on which said, &c. the said A. B. at, &c. aforesaid, of the said sickness and distemper, occasioned by, the drinking of the said water gruel, so mixed with poison as aforesaid, died. And so, &c. [as in the precedent ante 779.*]

husband

That A. B. late of, &c. widow, late the wife of C. B., late of, For petit &c. not having, &c. but being moved and seduced, &c. and of treason her malice aforethought, contriving, and intending him the wife by against a said C. B. her late husband, to deprive of his life, and him felo. killing her niously, and traitorously, to kill and murder, on, &c. with force with the and arms at, &c. aforesaid, in and upon the said C. B., her said pin of a husband, in the peace of God, and of our said lord the king, then shutter. and there being, feloniously, traitorously, wilfully, and of her (0)

window

malice aforethought, did make an assault, and that the said A. B. with a certain iron pin of a window shutter, of the value of sixpence, which she the said A. B. then and there had and held in her right hand, him the said C. B. in and upon the head of him the said C. B. near unto the left temple, did then and there, strike and beat, thereby, then and there, giving unto him the said C. B, with the iron pin aforesaid, in and upon the head of him the said C. B., near unto the left temple, aforesaid, one mortal wound, of the length of two inches, and depth of half an inch, of which said mortal wound, he the said C. B., from the said, &c. to, &c. at, &c. aforesaid, did languish, and languishing did live, on which said, &c. in the year aforesaid, in, &c. aforesaid, of the mortal wound aforesaid, he the said C. B. died. And so, &c. [as ante 779.*] [781] *That M. H. late of, &c. yeoman, and E. B. late of, &c. widow, For mur(late the wife of S. B., late of the same place, laborer,) not ha- der and petit treaving, &c. but being moved and seduced, &c. on, &c. with force son by

shooting,

and arms, at &c. aforesaid, feloniously, wilfully, and of their maviz. lice aforethought, and she the said E. B. also, traitorously, did against the person make an assault upon the said S. B., the husband of her the said who shot, E. B., in the peace of God, and our said lord the king, then and

for mur

the widow

tit treason.

(p)

der, and there being, and that the said M. H. a certain gun of the value against of five shillings, then and there charged, and loaded with gunof the powder and divers leaden shot, which gun, he the said M. H. deceased, in both his hands then and there had and held to, against, and who aided and assist- upon the said S. B. then and there, feloniously, wilfully, and of ed, for pehis malice aforethought, did shoot and discharge, and that the said M. H. with the leaden shot aforesaid, out of the gun aforesaid, then and there, by force of the gunpowder, shot, discharged, and sent forth as aforesaid, the aforesaid S. B. in and upon the left side of the head of him the said S. B., near the left ear of him the said S. B., then and there, with the leaden shot aforesaid, out of the gun aforesaid, by the said M. H., so as aforesaid, shot, discharged, and sent forth, feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound, giving to the said S. B. with the leaden shot aforesaid, so as aforesaid, shot, discharged, and sent forth out of the gun aforesaid, by the said M. H. in and upon the left side of the head of him the said S. B. near the left ear of him the said S. B., one mortal wound, of the depth of four inches, and of the breadth of two inches, of which said mortal wound the said S. B. then and there instantly died. And that the said E. B. the wife of him the said S. B. then and there, feloniously, traitorously, wilfully, and of her malice aforethought, was present, aiding, helping, abetting, comforting, assisting, and maintaining the said M. H., the felony and murder aforesaid, in manner and form aforesaid, to do and commit and so the jurors, &c. do say, that the said M. H. feloniously, wilfully, and of his malice aforethought, and the said E. B. feloniously, traitorously, wilfully, and of her malice aforethought, him the said S. B. then and there, in manner and form aforesaid, did kill and murder, against the peace, &c.

(p) From Cro. A. 456. 10 St. Tr. 1. See also Stark. 368. This joinder is proper, though if the parties

chose to insist on their challenges, they must be tried separately. Fost. 329, 106.

INDICTMENTS FOR MURDER, ON THE STATUTE [*782] OF STABBING, 1 Jac. 1. c. 8.

That J. A. late of, &c. not having the fear of God before his On the 1 Jac. 1. c. eyes, but being moved and seduced by the instigation of the 8. for devil, on, &c. at the hour of nine in the afternoon of the same stabbing. (9) day, with force and arms, at, &c. aforesaid, in and upon one G. H., in the peace of God, and of our said lord the king, then and there being, the aforesaid G. H. not having any weapon then drawn, nor the aforesaid G. H. having first stricken, (r) the said J. A. feloniously did make an assault, and that the aforesaid J. A. with a certain drawn sword, of the value of five shillings, which he the said J. A. in his right hand then and there had and held, the said G. H., in and upon the right side of the belly, near the short ribs of him the said G. H., the aforesaid G. H. as is aforesaid, then and there, not having any weapon drawn, nor the aforesaid G. H. then and there having first stricken, (s) the said J. A., then and there, feloniously did stab and thrust, giving unto the said G. H. then and there, with the sword aforesaid, in form aforesaid, in and upon the right side of the belly, near the short ribs of him the said G. H. one mortal wound, of the breadth of one inch, and of the depth of nine inches, of which said mortal wound, he the said G. H. then and there instantly died. And so, the jurors aforesaid, upon their oath aforesaid, do say, that the said J. A., him the said G. H., on the aforesaid, &c. at, &c. aforesaid, in manner and form aforesaid, feloniously did kill, against the peace, &c. and against the form of the statute, (f) &c.

(9) See similar precedents, Burn. J. Indictment ix. Cro. C. C. 273. Starkie, 382. and Imp. Off. Cor. 487. See notes at large, ante 746* to 749.*

(r) These words are necessary, as being part of the description of the offence in the statute, 2 Hale, 170.

(*) See antee 747,* 8.*

(t) This conclusion is unnecessary, as the statute creates no new offence, but only takes away clergy where before it was allowed; but it cannot prejudice; and if the defendant is found guilty of manslaughter at common law, may be rejected as superfluous. 1 Hale, 468, 9. ante 748,*9*