dom of Great Britain and Ireland king, defender of the faith, To our beloved and faithful Sir Beaumont Hotham, knight, one of the barons of our court of exchequer, John Heath, esquire, one of the justices of our court of common pleas, Samuel Shepherd, one of our serjeants at law, Charles Runnington, Sir John William Rose, knight, Arthur Palmer, John Bayley, William Draper Best and Arthur Onslow, serjeants at law, greeting.

Whereas we have constituted you our justices to take all the assizes, juries, and certificates, before whatsoever justices arraigned, as well by divers writs of the Lady Anne, First of England, &c. and afterwards of Great Britain, &c. late queen, and also by divers writs of the lord George the first, and of lord George the second, late kings of Great Britain, &c: as by divers of our own writs, in our counties of [139] Hertford, Essex, Kent, Sussex, and Surrey, and in our county of the city of Canterbury, and have associated our beloved and faithful William Gould, Jerome William Knapp, esquires, Thomas George Knapp, and John Stafford, gentlemen, to you the aforesaid Sir Beaumont Hotham, John Heath, Samuel Shepherd, Charles Runnington, Sir John William Rose, Arthur Palmer, John Bayley, William Draper, Best, and Arthur Onslow, to take all the aforesaid assizes, juries, and certificates, together with you for this time. We command you, that the same William Gould, Jerome William Knapp, Thomas George Knapp, and John Stafford, to the taking the said assizes, juries, and certificates, together with you, to this end you admit into your society in manner aforesaid, for we have commanded the same William Gould, Jerome William Knapp, Thomas George Knapp, and John Stafford, that to the taking the assizes, juries, and certificates, aforesaid, together with you they associate themselves in form aforesaid. Witness ourself at Westminster, the twenty-third day of January, in the forty-second year of our reign. Bathurst and Bathurst. To our beloved and faithful Sir Beaumont Hotham, knight, one of the barons of our court of exchequer, John Heath, esquire, one of the justices of our court of common pleas, Samuel Shepherd, one of our serjeants at law, Charles Runnington, Sir John William Rose, knight, Arthur Palmer, John Bayley, William Draper Best, and Arthur Onslow, serjeants at law, William Gould, Jerome William Knapp, esquires, Thomas George Knapp, and John Stafford gentlemen. A writ of si non omnes. Bathurst and Bathurst. George the third, by the grace of God of the united king

Label to writ of Si non

omnes.

Writ of Si non omnes on Home Circuit. (a)

(a) The writs are the same on all the circuits, see Jacob. dic. tit. si non omnes, and 3 Bla. Com. 59, 60. Ante 1 vol. 148. This

writ does not appear to have been in general use till about A. D. 1722.

dom of Great Britain and Ireland king, defender of the faith, To our beloved and faithful Sir Beaumont Hotham, knight, * one of the barons of our court of exchequer, John Heath, esquire, one of the justices of our court of common pleas, Samuel Shepherd, one of our serjeants at law, Charles Runnington, Sir John William Rose, knight, Arthur Palmer, John Bayley, William Draper Best and Arthur Onslow, serjeants at law, William Gould, Jerome William Knapp, esquires, Thomas George Knapp, and John Stafford, gentlemen, greeting.

Whereas we have constituted you the aforesaid Sir Beaumont Hotham, John Heath, Samuel Shepherd, Charles Runnington, Sir John William Rose, Arthur Palmer, John Bayley, William Draper Best, and Arthur Onslow, our justices to take all the assizes, juries, and certificates, before whatsoever justices arraigned, as well by divers writs of the Lady Anne First of England, &c. and afterwards of Great Britain, [* 140] &c. late queen, and also by divers writs of the lord George the first, and of lord George the second, late kings of Great Britain, &c. as by divers of our own writs, in our counties of Hertford, Essex, Kent, Sussex, and Surrey, and in our county of the city of Canterbury. And whereas we have associated you the aforesaid William Gould, Jerome William Knapp, Thomas George Knapp, and John Stafford to you the said Sir Beaumont Hotham, John Heath, Samuel Shepherd, Charles Runnington, Sir John William Rose, Arthur Palmer, John Bayley, William Draper Best, and Arthur Onslow, to take all the assizes, juries, and certificates aforesaid, together with you for this time, we command you that if you all cannot conveniently be present at the taking of the assizes, juries, and certificates aforesaid, then two of you who shall happen to be present, of whom one of you the aforesaid Sir Beaumont Hotham, John Heath, Samuel Shepherd, Charles Runnington, Sir John William Rose, Arthur Palmer, John Bayley, William Draper Best, and Arthur Onslow, we will shall be one, proceed to the taking of the assizes, juries, and certificates aforesaid. Witness ourself at Westminster, the twenty-third day of January, in the forty-second year of our reign. Bathurst and Bathurst. George the third, &c. To A. B. C. D. &c. [all the privy Commission counsellors, arranging the peers, &c. in the fiat ante 133, in of the Peace their proper order,] Greeting.

Know ye, that we have assigned you, jointly and severally, and every one of you, our justices to keep our peace in our county Palatine of Durham and Sadburgh, and to keep, and cause to be kept, all the ordinances and statutes for the good

(b) See ante 1 vol. 148. This same. form will suffice for every coun- cedent. ty. The form ante 128 is the

See the notes to that pre

for Durbam,

(b)

of our peace and people, and for the preservation of the same, and for the quiet rule and government of our people, made in all and singular their articles in our said county Palatine, as well within liberties as without, according to the force, form, and effect of the same; and to chastise and punish all persons that offend against the form of those ordinances or statutes, or any one of them, in the aforesaid county Palatine, as it ought to be done, according to the form of those ordinances and statutes, and to cause to come before you, or any one of you, all those who, to any one or more of our people, concerning their bodies, and for the firing of their houses, have used threats, to find sufficient security for the peace of their good behaviour towards us and our people; and if they shall refuse to find such security, then them in our prisons until they shall find such security to cause to be safely kept, we have al[141] so assigned you, and every two or more of you, of whom any one of you the aforesaid A. B. C. D. &c. we will shall be one, our justices to enquire the truth more fully by the oath of good and lawful men of the aforesaid county Palatine, by whom the truth of the matter shall be the better known, of all and all manner of felonies, poisonings, inchantments, sorceries, arts, magic, trespasses, forestallings, regratings, engrossings, and extortions whatsoever, and of all and singular other crimes and offences, of which the justices of our peace may, or ought lawfully to inquire, by whomsoever and after what manner soever in the said county Palatine done or perpetrated, or which shall happen to be there done or attempted and also of all those who, in the aforesaid county Palatine, in companies against our peace, in disturbance of our people, with armed force have gone or rode, or hereafter shall presume to go or ride; and also of all those who have there lain in wait, or hereafter shall presume to lie in wait, to maim, or cut, or kill our people; and also of all victuallers, and all and singular other persons, who, in the abuse of weights or measures, or in selling victuals, against the form of the ordinances and statutes, or any one of them, theretofore made for the common benefit of England, and our people thereof, have offended or attempted, or hereafter shall presume, in the said county Palatine, to offend or attempt; and also of all sheriffs, bailiffs, stewards, constables, keepers of gaols, and other officers, who, in the execution of their offices, about the premises, or any of them, have unduly behaved themselves, or hereafter shall presume to behave themselves unduly, or have been, or shall happen hereafter to be, careless, remiss, or negligent, in our aforesaid county Palatine: and of all and singular articles and circumstances, and all other things whatsoever that concern the premises, or any of them, by whomsoever, and after what manner soever, in our aforesaid county Palatine done or perpetrated, or which hereafter shall there happen to be done or attempted, in what manner ŝoever; and to inspect all indictments whatsoever so before you, or any

of you, taken, or to be taken, or before others late our justices of the peace, in the aforesaid county Palatine, made or taken, and not yet determined; and to make and continue processes thereupon, against all and singular the persons so indicted, or who before you hereafter shall happen to be indicted, until they can be taken, surrender themselves, or be outlawed; and to hear and determine all and singular the felonies, poisonings, inchantments, sorceries, arts, magic, trespasses, forestallings, regratings, ingrossings, extortions, unlawful assemblies, indictments aforesaid, and all and singular other the premises, according to the laws and statutes of England, as in the like case it has been accustomed, or ought to be done; and the same offenders, and every of [* 142] them, for their offences, by fines, ransoms, amerciaments, forfeitures, and other means, as according to the law and custom of England, or form of the ordinances or statutes aforesaid, it has been accustomed, or ought to be done, to chastise and punish. Provided always, that if a case of difficulty upon the determination of any of the premises before you, or any two of you or more of you, shall happen to arise, then let judgment in no wise be given thereon before you, or any two or more of you, unless in the presence of one of our justices of the one or the other bench, or one of our justices appointed to hold the assizes in the aforesaid county Palatine. And therefore we command you, and every of you, that to keeping the peace, or ordinances, statutes, and all and singular other the premises, you diligently apply your selves, and that at certain days and places which you, or any such two or more of you, (as is aforesaid,) shall appoint for these purposes, into the premises you make inquiries, and all and singular the premises hear and determine, and perform and fulfil them in the aforesaid form, doing therein what to justice appertains, according to the law and custom of England, saving (c) always to the aforesaid lord bishop of Durham the amerciaments and other things always to the aforesaid lord bishop of Durham therefrom belonging. And we command, by the tenor of these presents, our sheriff of the said county Palatine, that at certain days and places which you, or any such two or more of you, as is aforesaid, shall make known to him, he cause to come before you, or such two or more of you, as aforesaid, so many and such good and lawful men of his bailiwick, (as well within liberties as without) by whom the truth of the matter in the premises shall be better known and inquired into. Lastly, we have assigned you the aforesaid A. B. keeper of the rolls of our peace in our said county Palatine. And therefore you shall cause to

"Bailiff

(c) When for Chester "saving also for Cambridge, say to us." When for Ely say of the said town of Cambridge." Bailiff of the said Isle." So

Crim. Law.

Form of
Commission

London or Middlesex. (d)

143]

be brought before you, and your said fellows, at the days and places aforesaid, the writs, precepts, processes, and indictments aforesaid, that they may be inspected, and by a due course determined as is aforesaid. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, the

day of

in the year of our reign. Bathurst and Bathurst. George the third, by the grace of God of the united kingof Oyer and dom of Great Britain and Ireland king, defender of the faith, Terminer for to our beloved and faithful Sir W. Leigton, knt. mayor of our city of London and✶ the mayor of our said city, for the time being, our well beloved and faithful counsellor Thomas Lord Erskine, Chancellor of that part of our united kingdom of Great Britain and Ireland, called Great Britain, and our Chancellor of Great Britain, for the time being, our most dear cousins and councillors, Henry, Viscount Sidmouth, President of our council, Henry Richard, Lord Holland, keeper of privy seal, Augustus Henry, Duke of Grafton, George, Duke of Marlborough, William Henry, Duke of Portland, George Granville, Marquis of Stafford, James, Marquis of Salisbury, Francis, Marquis of Hertford, John, Marquis of Bute, Henry, Earl of Aylesford, steward of our household: George, earl of Dartmouth, chamberlain of our household; John, earl of Westmorland, John, earl of Sandwich, Robert, earl of Buckinghamshire, George John, Earl Spencer, one of our principal secretaries of state; John, earl of Chatham, George, earl of Leicester, John Jeffreys, Earl Camden, Thomas, earl of Chichester, Charles Gray, commonly called Viscount Howick, one other of our principal secretaries of state; our well beloved and faithful Thomas Dudley, lord Harrowby, Robert Banks, lord Hawkesbury, William Windham, lord Grenville, Henry, lord Mulgrave, John, lord Eldon, Edward, lord Ellenborough, chief justice assigned to hold pleas before us and the Chief Justice of our said court for the time being, sir William Grant, knight, master of the rolls of our court of chancery, and the master of the rolls for the time being, sir James Mansfield, knight, chief justice of our Court of Common Pleas, and the chief justice of our said court, for the time being, sir Archibald Macdonald, knight, chief baron of our court of exchequer, and the chief

(d) See ante 1 vol. 149. This form is in London; but by observing the notes, it may readily be applied to a commission for Middlesex. The commission of oyer and terminer for Middlesex, issues only once in several years. A commission for Middlesex issued in December, 1797, and the

next in May, 1808. This form it will be observed differs from the usual circuit commission ante 134,5. the two Chief Justices, the Master of the Rolls, and the other Judges must be placed according to their rank in the law, per Lord Chancellor, 8 Dec. 1788.