day of September, in the 22d year of George the third, one piece of copper money of this realm called an halfpenny unlawfully and feloniously did make, coin, and counterfeit ; and for that the said James Scott, before the said felony last mentioned was committed in form aforesaid, to wit, on the 12th day of September, in the 22d year of George the third, did unlawfully, feloniously, counsel, and abet and procure the said Isaac Voteur and Thomas Deane to do and commit the said felony in manner and form aforesaid, 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; and farther, that the said Isaac Voteur and Thomas Deane, after the 24th day of June, 1771, to wit, on the 12th day of September, in the 22d year aforesaid, one piece of false, forged, and counterfeited copper money to the likeness and similitude of the good, legal, and current copper money of this realm called an half-penny, unlawfully and feloniously did make and coin; and farther, that the said James Scott, before the last mentioned felony was committed, to wit, on the 12th day of September, in the 22d year aforesaid, within the liberty aforesaid, in the county aforesaid, did unlawfully and feloniously counsel and abet, and procure the said Isaac Voteur and Thomas Deane to do and commit the said last mentioned felony in manner and form aforesaid, 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. The counter plea then proceeded to state, that the said James Scott was thereupon convicted, and prayed that the benefit of the statute in such case made and provided might be allowed to him the said James Scott, and the same was allowed to him accordingly; and it was considered and adjudged by the said court last mentioned, that the said James Scott pay a fine of twelve pence, and be imprisoned in the said gaol of Newgate for the space of one year, which the said Thomas Shelton is ready to verify and [* 352] prove by the* record thereof; and that the said James Scott, who stands convicted at the said delivery of the king's gaol of Newgate, now here holden at the said city of London, is the same person who was convicted at the said delivery of the said king's gaol of Newgate, holden for the county of Middlesex at Justice Hall in the Old Bailey, &c. on Wednesday the 16th of October, in the twenty-second year, &c. and not another and different person; wherefore, since the said James Scott hath already received the benefit of the statute, and been admitted to his clergy, the said Thomas Shelton, for our said lord the king, prayeth judgment of the court here, and that the said James Scott may receive judg ment to die according to law. To this counter plea the prisoner replied nul tiel record, and denied that he was the person named in the said plea, and the crown joined issue on this replication. conviction. To the counter plea of clergy the defendant may plead Pleas in an. nul tiel record of the former conviction. Se form, 1 Leach. swer to the counterplea. 404, and which may be framed from the replication of no record of conviction in Cro. C. C. 8th Ed. 390, 1, or may plead denying the identity of himself and the party before convicted. These are to certify, that at the session of our lord the Certificate of king of oyer and terminer and general gaol delivery, held for the former our said lord the king at K. in and for the county of S. on, (f) &c. before, &c. and others their fellows, justices of our said lord the king, assigned to hear and determine and to deliver the said gaol of the prisoners therein being, A. B. late of, &c. labourer, was tried upon an indictment, for that he the said A. B. on, &c. with force and arms at, &c. in the county aforesaid, one piece of copper money of this realm called an halfpenny, then and there unlawfully and feloniously did make, coin, and counterfeit, 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; and further, that he the said A. B. on, &c. with force and arms at, &c. one piece of false, feigned, and counterfeit copper money, to the likeness and similitude of the good, legal, and current copper money of this realm called an halfpenny, then and there unlawfully and feloniously did make and coin, against the form, &c. and against the peace, &c. and was thereupon convicted, and prayed that the benefit of the statute in such case made and provided, might be allowed to him the said A. B. and the same was allowed to him accordingly; and it was thereupon ordered by the said last mentioned* court, that he [* 353] pay a fine of one shilling to our said lord the king, and be imprisoned in the gaol of our said lord the king, for the said county, for the space of nine months, as appears by the records of my office. Dated the - day of in the year of our Lord M. N. clerk of assize. tity And it appearing by a certain record of attainder, which Entry of de. hath been removed into this court by his majesty's writ of nial of iden. certiorari, that the prisoner at the bar stands attainted by the Replication name of C. D. of a felony for a robbery on the high way, and and issue the said prisoner at the bar having heard the record of the joined theresaid attainder now read to him, is now asked by the court on. (h) here what he hath to say for himself, why the court here should not proceed to award execution against him upon the said attainder. He for plea saith, that he is not the same C. D. in the said record of attainder named, and against whom judgment was pronounced, and this he is ready to verify and prove, &c. To which the honourable A. B. attorneygeneral of our present sovereign lord the king, who for our said lord the king in this behalf prosecuteth, being now pre (ƒ) Ante 1 vol. 687. Starkie, 724. (4) 4 Bla. Com. Appx. V. ante 1 vol. 423. Oath to ju. ror on trial of identity. (i) at the as sent here in court, and having heard what the said prisoner at the bar hath now alledged, for our said lord the king, by way of reply saith, that the said prisoner now here at the bar is the same C. D. in the said recorder of attainder named, and against whom judgment was pronounced as aforesaid, and this he prayeth may be inquired of by the country, and the said prisoner at the bar doth the like. Therefore, &c. [award of venire instanter, jury sworn, &c.] You shall well and truly try whether the prisoner at the bar was convicted of -, at the Old Bailey, on Wednesday the 16th of October, 1782, and whether he is the same person that was then and there tried and convicted, and received the benefit of his clergy. And a true verdict, &c. Record of Warwickshire. Be it remembered that at the general sesjudgment of death on col- sions of gaol delivery of our said lord the king holden at lateral issue Warwick, in and for the county of Warwick, on Thursday, the third day of March, in the fourteenth year of the reign sizes, on the of our sovereign lord George the third, king of Great Britain, identity of a prisoner. (k) &c. before George Hill, one of the serjeants at law of our said lord the king, Joseph Sayer, serjeant at law, and Harley Vaughan, serjeant at law, and others their fellows, justices of our said lord the king, assigned to deliver the gaol of the [* 354] said county of the prisoners therein being. J. C. being* brought to the bar of this court under the custody of W. H. esq. sheriff of the said county of Warwick, by virtue of his majesty's writ of habeas corpus, and the same writ being read, it is ordered that the said writ and the return thereof be filed. And it appearing by a certain record of conviction and attainder that the prisoner at the bar stands attainted by the name of J. C. of felony, burglary and sacrilege, committed in the county of Warwick, and the said prisoner at the bar having heard the record of the said conviction and attainder now read to him, is asked by the court here what he hath to say for himself why the court here should not now proceed to award execution against him upon the said conviction and attainder, he for plea saith that he is not the same J. C. in the said record of conviction and attainder named, against whom judgment of death was pronounced, and this he is ready to verify and prove. And J. B. esq. clerk of the crown, and clerk of the assizes for the said county of Warwick, who prosecuteth for our said lord the king in this behalf, by I. W. gentleman, his deputy for that purpose, lawfully constituted, &c. being now present here in court, and having heard what the said prisoner at the bar hath now alledged, he for our said lord the king, by way of reply saith, that the said prisoner now here at the bar is the same identical (i) 1 Leach, 404. Ante 1 vol. 688. (k) From Mr. Nicholl's MSS. Ante 1 vol. 423. J. C. in the said record of conviction and attainder named, and against whom judgment of death was thereupon pronounced as aforesaid, and this he prayeth may be enquired of by the country. And the said J. C. the prisoner at the bar, doth the like. And therefore let a jury in this behalf immediately come here before the justices of our said lord above named, and others their fellows aforesaid, by whom the truth of the matter may be better known and enquired into, and who have no affinity to the said prisoner, to try upon their oath whether the said prisoner at the bar be the same identical J. C. in the said record of conviction and attainder named, and against whom judgment of death was so pronounced as aforesaid, or not, because as well the said J. B. esq. who prosecuteth in this behalf by I. W. his deputy as aforesaid, as the said prisoner at the bar, have put themselves upon that jury. And the jurors of the said jury by the said sheriff for this purpose impanelled and returned, to wit, J. D. T. S. &c. being called come, who being chosen, tried and sworn to speak the truth of and concerning the premises last aforesaid, and having heard the said record of conviction and attainder read to them, and the testimony of witnesses upon oath given in open court, do say upon their oath that the said prisoner at the bar is the same identical J. C. in the said record, conviction and attainder named, and against whom judgment of death was so pronounced as aforesaid in manner and form as the said J. B. esq. who prosecuteth as aforesaid, by I. W.* his deputy lawfully con- [* 355] stituted as aforesaid, hath by the said replication to the said plea of the said prisoner now here at the bar alledged, and hereupon the said J. B. esq. who prosecuteth as aforesaid, by I. W. his deputy lawfully constituted as aforesaid on behalf of our said lord the king, now prayeth that the said court here would proceed to award execution against him the said J. C. upon the said conviction and attainder as aforesaid, whereupon all and singular the premises being now seen and fully understood by the court and justices here it is ordered by the court and justices here, that the execution of death be done upon the said prisoner at the bar, J. C. for said felony, burglary, and sacrilege, in pursuance of the conviction and attainder aforesaid according to the course of law. Blencowe. prayer And because by the inspection of the record before our Judgment on lord the king hither sent it appears, &c. that the said J. D. of clergy, when stands indicted (setting forth the effect of the record) and that defendant he is the same person; and this he, the said C. D. does not had had it deny; therefore it is considered that the privilege of clergy before. (1) Crim. Law. (1) 2 Hale, 396. Ante 1 vol. 688. U u Judgment of allowance of, clergy. (m) be not allowed to the said C. D. and that he be hanged by the neck until he be dead. Whereupon it is then and there inquired by the court of our said lord the king of the said C. D. if he have or know any thing to say for himself why the court of our lord the king here should not proceed to judgment and execution against him upon the verdict aforesaid; and thereupon the said C. D. says that he is a clerk, and prays that the benefit of clergy may be allowed him in this behalf and the book being given to the said C. D. he reads as a clerk, whereupon it is considered by the court here that the said C. D. be burnt in his left hand, and be delivered, (n) and the execution is accordingly entered, and let him instantly be branded in his left hand, and be delivered according to the form of the statute. Judgment of And because it appears to the court here by the certificate allowance of of the bishop, &c. (or "by the letters testimonial of the clergy to a clerk. (o) bishop,") that the said C. D. is a clerk in holy orders ordained, to wit, in the order of a, therefore it is considered by the court that he be delivered according to the form of the statute in this case made and provided without burning. Ancient mode of admission to Hereupon his clergy was allowed him, and he was tried by the ordinary of, who gave him a psalm to read, the benefit of whereof he read* the first verse, and then Sir Samuel Astry clergy. () asked the ordinary" Legit vel non?" who answered Legit. [356] surveyer, of AFFIDAVIT, &c. OF ROAD BEING IN REPAIR. Northampton. The King against the inhabitants of Kilsby, for a nuisance. Affidavit of a T. C. of Kilsby, in the county of Northampton, yeoman, surrepairing veyor of the highways in the parish of Kilsby aforesaid, makpart of road eth oath and saith, that the said inhabitants were indicted for indicted, in not repairing the road, leading, &c. and this deponent saith, order to get that since the last assizes holden in and for the said county, same respited. (p) to wit, in the said several months of May, June, and July last, he, this deponent, did use, lay in, and spread upon six furlongs of that part of the road which is so indicted as aforesaid, and which extends towards the said Walling-street road (m) 2 Hale, 595. (n) Quære-Should not the IV. Ante 1 vol. (0) 1 Salk. 61. Ante 1 vol. 667, 688, &c. (p) Ante 1 vol. 699. From Mr. Nicholl's MS. The affidavit must in general state, that the road is likely to continue in repair, see 3 Smith, 575,6. |