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The like of

at session of

miner at

for Middle

sex. (c)

[* 190] who found bill*) twelve jurors, good and lawful men of the county aforesaid, now here sworn and charged to enquire for our said lord the king for the body of the same county, it is presented in manner and form as followeth, that is to say: Middlesex, The jurors, [here set forth the indictment.] Middlesex. Be it remembered, that at the general session indictment of oyer and terminer of our sovereign lord the king, holden oyer and ter. at the new session house on Clerkenwell-green in and for the county of Middlesex, on the day of —, in Clerkenwell, the 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, before W. M. esquire, Sir J. H. knight, G. S. esquire, and L. M. esquire, (d), and others their fellows, justices of our said lord the king, assigned by letters patent of our said lord the king under his great seal of Great Britain to the same justices above-named and others, and any four or more of them, directed to enquire more fully the truth by the oath of good and lawful men of the said county of Middlesex, and by other ways, means, and methods by which they should or might better know, as well within liberties as without, by whom the truth of the matter may be better known, of all treasons, &c. [as in the commission ante, and see Cro. C. C. 8th Ed. 29.1, by the oath of E. F. G. H. &c. [here insert the names of all the grand jury], good and lawful men of the said county of Middlesex, then and there sworn and charged to enquire for our said lord the king for the body of the said county. It is presented in manner and form as followeth, to wit: Middlesex, &c. [here insert the indictment verbatim.] Devonshire, to wit. Be it remembered, that at the general quarter sessions of the peace of our lord the king, holden at eral quarter the castle of Exeter, in and for the county of Devon aforesessions for said, the day of, &c. in the year of the reign, &c. before J. C. clerk, Sir G. Y. bart. J. B. R. S. and J. H. esDevon. (e) quires, and others their companions, justices of our lord the king, assigned to keep the peace of our said lord the king in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanours committed in the said county by the oath of G. H. I. K. &c. [* 191] [name all the jurors], twelve jur_rs, good* and lawful men of the county aforesaid, then and there impanelled, sworn, and charged to enquire for our said lord the king and the body of the said county, it is presented as followeth, that is to say: Devon, to wit. The jurors, &c. [set forth indictment.]

Caption of an indict. ment at gen.

county of

(c) See form Cro. C. C. 29, ante 1 vol. 327,8. 1 Saund. 249. a. n. 1. Pleader's Assistant, 424, ante 1 vol. 136. as to form of commission, &c.

(d) 4 Justices at least should

be particularly named, ante 1 vol. 331.

(e) 4 Went. 149, 338, and see form and law, Burn, J. Indictment, IX. Burn, J. Sessions.

at quarter

City of Carlisle, to wit. Be it remembered, that at the Caption of general quarter sessions of the peace of our sovereign lord Indictment the king, holden at the guildhall in and for the said city of sessions for Carlisle, on, &c. in the year of the reign, &c. before city of CarC. R. esquire, mayor, and W. M. esquire, recorder, justices lisle (f) of our said lord the king, assigned to keep the peace of our said lord the king in the same city, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said city committed, upon the oath of G. H. I. K. L. M. &c. [naming all the jury,] twelve jurors, honest and lawful men of the said city, who being then and there sworn and charged for our said lord the king, for the body of the said city, upon their oath say and present as followeth, that is to say, &c.

found at ad

of York

West Riding of Yorkshire. At the general quarter ses-Caption of sions of the peace of our lord the king, holden at Skipton, in indictment and for the west riding of the county of York, on Tuesday, journed seson the 6th day of July, in the sixteenth year of the reign of, sions for &c. before H. W. esquire, and T. C. clerk, justices of our West Riding said lord the king, assigned to keep the peace of our said lord shire. (g) the king in the said riding, and also to hear and determine divers felonies, trespasses, and other misdemeanours committed within the riding aforesaid; that same sessions of the peace is adjourned by the justices aforesaid until, &c. at ten o'clock in the forenoon of the same day, to be holden at Bradford, in and for the riding aforesaid, to do further as the court there shall consider, and so forth. And on the said, &c. the same general quarter sessions of the peace is holden by the adjournment aforesaid, at Bradford aforesaid, in and for the said riding, before H. W. esquire, H. Z. clerk, and P. M. esquire, justices of our said lord the king, assigned to keep the peace of our said lord the king in the riding aforesaid; and also to hear and determine divers felonies, trespasses, and other misdemeanours committed within the riding aforesaid, at which said general quarter sessions of the peace, continued and holden by the adjournment aforesaid, at Bradford aforesaid, in and for the said riding, on, [* 192] &c. aforesaid, before the justices last named, on the oaths of twelve jurors, L. M. N. O. P. Q. &c. [naming them,] honest and lawful men of the said riding, then and there impannelled, sworn, and charged to enquire for our said lord

(f) See another form, 3 Lord Raym. 18. Pleader's Assistant, 424. and other forms and notes ante, and 1 vol. 333, &c.

(g) This form is taken from 19 vol. of Mr. J. Ashurst's MS. paper books, 128; see also 1 T. R. 316. Where an indictment is Crim. Law.

found at an adjourned sessions,
it must appear when the ses-
sions began, 2 Stra. 865. If the
caption state an impossible day,
the proceedings will be insuffi-
cient on demurrer, &c. 1 T. R.
316. 2 Leach, 475, S. C.
4

VOL. IV.

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Caption of indictment

at the assizes at

any other

the king and the body of the said riding. It is presented as following (that is to say:) West Riding of Yorkshire, to wit. The jurors, &c. [set forth indictment.]

Surrey, (to wit.) Be it remembered, that at the session of oyer and terminer of our sovereign lord the king, holden at Croydon, in and for the county of Surrey, on Monday the Croydon in twenty-second day of July, in the thirty-third year of the Surrey, or at reign of our sovereign lord George the third, now king of Great Britain, &c. before the honourable sir Henry Gould, assizes. (h) knight, one of the justices of our said lord the king, of his court of common pleas; the honourable sir Francis Buller, baronet, one of the justices of our said lord the king assigned to hold pleas before the king himself, and others their fellows, justices of our said lord the king, assigned by letters patent of our said lord the king, under his great seal of Great Britain, to the said sir Henry Gould, knight, sir Francis Buller, and others their fellows, justices of our said lord the king, and to any two or more of them directed, of whom one of them the said sir H. Gould and sir F. Buller, amongst others in the said letters patent named, our said lord the king willed to be one to enquire more fully the truth by the oath of good and lawful men of the said county, and by other ways, means, and methods (i) by which they should or might the better know, as well within liberties as without, by whom the truth of the matter might be the better known and enquired into, of all treasons, misprision of treason, insurrections, rebellions, counterfeitings, clippings, washing, false coining, and other falsities of the money of Great Britain and other kingdoms and dominions whatsoever, and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, oppressions, champarties, deceits, and all other evil doings, offences, and injuries, whatsoever; and also the accessaries of them within the county aforesaid, as well within liberties as without, by whomsoever and in what manner soever done, committed, or perpetrated, and by whom or to 193] whom, when, how, and after what manner, and of all other articles and circumstances concerning the premises, and every of them, or any of them, in any manner whatsoever; and the said treasons and other the premises according to the laws and customs of England for this time to hear and

(h) 4 Wentw. 116, 174, 187. 5 Wentw. 373. Hand's Prac. 436. 4 T. R. 521, ante 1 vol. 326, &c.

(i) The following is to be according to the terms of the commission ante 184.

determine by the oath of twelve jurors, () good and lawful men of the county aforesaid, now here sworn and charged to enquire for our said lord the king, for the body of the said county. It is presented in manner and form as followeth, that is to say, Surrey, (to wit.) The jurors, &c. [Here set forth the indictment.] In the caption for Wiltshire the form runs thus: "It is presented that the bill of indictment to this schedule annexed is a true bill."

indictment found on a

&c. (m)

Middlesex, (to wit.) Be it remembered that at a special Caption of session of oyer and terminer of our sovereign lord the king, of and for the county of Middlesex, holden at the sessions- special comhouse, on Clerkenwell green, in the said county, on Thursday mission for the 2d day of October, in the 34th year of the reign, &c. be- trial of Har. dy, Tooke, fore the right honourable sir James Eyre, knight, chief justice of our said lord the king of his court of common pleas, the right honourable sir A. Macdonald, knight, chief baron of our said lord the king of his court of exchequer; the honourable sir Beaumont Hotham, knight, one of the barons of our said lord the king of his said court of exchequer; the honourable sir F. Buller, bart. one of the justices of our said lord the king of his said court of common pleas; the honourable sir N. Grose, knight, one of the justices of our said lord the king assigned to hold pleas before the king himself; the honourable sir S. Lawrence, knight, one other of the justices of our said lord the king assigned to hold pleas before the king himself, and others their fellows justices and commissioners of our said lord the king assigned by letters patent of our said lord the king under his great seal of Great Britain made to them and others, and any three or more of them (of whom one of them, the aforesaid sir J. E. sir A. M. sir B. H. sir F. B. sir N. G. and sir S. L. our said lord the king willed should be one) to enquire by the oath of good and lawful men of the county of Middlesex, of all high treasons, in compassing or imagining the death of our said lord the king, levying war against our lord the king in his realm, or in adhering to the enemies of our said lord the king in his realm, giving to them aid and comfort in his realm or elsewhere, and of all misprisions of such high treasons as aforesaid, or of any of them within the [* 194] county aforesaid (as well within liberties as without) by whomsoever and in what manner soever done, committed, or perpetrated, when, how, and after what manner, and of all other articles and circumstances concerning the premises, and every and any of them in any manner whatsoever, and the said treasons and misprisions of treasons according to the laws and customs of England, for this time to hear and

(In another precedent, 4 Wentw. 175. 6 Wentw. 373, the names of the jurors were stated.

(m) See form, 4 Wentw. 14. See another form, Foster's Rep. S, ante 1 vol. 329.

Caption of indictment in K. B. at Westmin

ster. (n)

Caption at adjourned

ing out of repair. (0)

determine by the oath of E. F. &c. [Here insert the names of twenty grand jurors who found the bill,] good and lawful men of the county aforesaid, now here sworn and charged to enquire for our said lord the king for the body of the said county, touching and concerning the premises in the said letters patent mentioned. It is presented in manner and form as followeth, that is to say, Middlesex, (to wit.) [Here set forth the indictment for treason as in 4 Went. 15. In Foster's C. L. 3. the form concludes, "It is presented that the bill of indictment to this schedule annexed is a true bill."]

Middlesex. Be it remembered that on Monday next after fifteen days from Saint Martin, in the thirtieth year of the reign of our sovereign lord George the second, king of Great Britain, &c. in the court of our said lord the king before the king himself, at Westminster in the county of Middlesex, upon the oath of twelve jurors, good and lawful men of the county aforesaid, then and there sworn and charged to enquire for our said lord the king, for the body of the said county, it is presented as followeth, that is to say, Middle[Here insert the indictment.]

sex.

Cambridgeshire, (to wit.) Be it remembered that at the sessions of general quarter sessions of the peace of our sovereign lord presentment the king, holden at Cambridge, in and for the said county of by justice of Cambridge, on Friday the 7th day of April, and by adjournhighway be- ment on Saturday the 8th day of the same month, (being Friday in the 1st week after the close of Easter) in the fiftyfifth year of the reign of our sovereign lord George III. by the grace of God, &c. before George Milner, esquire, chairman, William Frere, esquire, serjeant at law, William Leworthy, clerk, and others their companions, justices of our said lord the king, assigned to keep the peace in and for the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county [ * 195] done* and committed. The presentment hereunto annexed against the inhabitants of the parish of Saint Giles, in the town of Cambridge, in the county of Cambridge, is made on the view of the said William Frere, one of the justices of our said lord the king, assigned to keep the peace within the county aforesaid, which said presentment is as follows, that is to say, Cambridgeshire, (to wit.) At the general quarter sessions, &c. [ Set out the presentment verbatim, as ante 2 vol. p. 10.]

Caption of Middlesex. Be it remembered, that G. B. late of the paan informa rish of A. in the county of Middlesex, gentleman, who, as tion quit am, at a general' well for our sovereign lord the now king as for himself, doth quarter ses prosecute in this behalf, cometh before the justices of our

(n) 4 Wentw. 213, 219.
(0) This is a MS. from Mr.
Nicholl's collection. See an an-

cient form 2 Saund. 157, and 1 Saund. 308.

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