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house of Samuel Ray, which, in a very short time, did kill the wife of the said Samuel; and that the cause of this examinant's malice against the said woman was because she refused to pay to this examinant twopence, *which she challenged to be due to her; [ *359 ] and that afterwards her said imp Sparrow killed the said child of the said Samuel Ray. And this examinant confesseth, that as soon as she had received the said four imps from her said mother, the said imps spoke to this examinant, and told her she must deny God and Christ, which this examinant did then assent to."(a)

The confession of Rebecca West, taken before the said justices, 21st March, 1645:--" This examinant saith, that, about a month since, Anne Leach, Elizabeth Gooding, Hellen Clark, Anne West, and this examinant, met all together at the house of Elizabeth Clark, in Mannyntree, where they together spent some time in praying to their familiars, and every one of them went to prayers. Afterwards some of them read in a book; and this examinant saith, that forthwith their familiars appeared, and every one of them made their several propositions to those familiars, what every one of them desired to have effected. Saith, that first of all, the said Eitzabeth Clark desired of her spirit that Mr. Edwards might be met withal about the middle bridge, as he should be riding from Eastberryhoult, in Surrey; that his horse might be scared, and he thrown down, and never rise again. Saith, that the said Elizabeth Gooding desired of her spirit, that she might be avenged on Robert Tayler's horse, for that the said Robert suspected said Elizabeth Gooding for the killing of a horse of the said Robert formerly. That the said Hellen Clark desired of her spirit, that she might be revenged on two hogs in Misley-street, (being the place where the said Hellen lived,) one of the hogs to die presently, and the other to be taken lame. That Anne Leach desired of her spirit that a cow might be taken lame of a man's living in Mannyntree, but the name of the man this examinant cannot remember. Further, that the said Anne West, this examinant's mother desired of her spirit that she might be freed from all her enemies, and have no trouble. And this examinant saith, that she desired of her spirit that she might be revenged on Prudence, the wife of Thomas [ *360 ] Hart, and that the said Prudence might be taken lame on her right side. And lastly, this examinant saith, that, having thus done, this examinant and the other five did appoint the next meeting to be at the said Elizabeth Gooding's house, and so departed all to their own homes."(b)

(a) 4 Howell's State Trials, P. 856.

(b) Ib. 840.

FEBRUARY, 1845.-14

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no presumption against money being presumptions relating to, 243–245.

given to, 149.

Churchwarden,

custom presumed respecting, 78.

Circumstantial evidence, 12. 246.

Club,

evidence of, 33, 35.

presumption of, from acts, 178.
evidence of usage to explain, 180, 181.
foreign, presumed to be made accord-
ing to lex loci contractus, 236.

members of, presumed to know the Contracts made abroad,

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presumptions in favour of, 236.

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claimable by prescription at common Copyhold custom,

law, 88.

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327-344.

Conflicting presumptions, 52-61.
rules respecting, 53-61.

special presumptions take precedence
of general ones, 53-56.
natural presumptions stronger than
casual, 56, 57.

presumptions which give validity to
acts favoured, 57, 58.
presumption of innocence favoured, 58
-61.

Consecration of chapel,
when presumed, 146.
Consent of ordinary,
presumable, 145.

Consequences presumed to be intended
from acts, 176, 177.

Consideration, presumption of,
in specialties, 21. 243.

in simple contracts, 243.

in bills and notes, 29. 184. 243.

Conspiracy to levy war,

presumption of treason from, 177.
Constable,

presumption of due appointment of, 76,
77.

Construction of instruments, 67, 68, 85.
Contempt of court,

presumption against, 64.

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Criminal cases-continued,

1. The onus of proving every
thing essential to the guilt
of the accused lies on the
prosecutor, 267.

2. There must be clear and un-

equivocal proof of the cor-
pus delicti, 269-282.
3. Every hypothesis, except
that of the guilt of accused,
should be excluded to a
moral certainty, 282-287.
4. The hypothesis of delinquen-
cy must be consistent with
all the facts proved, 287
-289.

5. Presumptive evidence not to
be relied on, when direct
evidence is wilfully with-
held, 289, 290.

6. In cases of doubt, safer to
acquit than condemn, 290
-293.
examination of some of the principal
species of presumptive proof
in criminal cases, 294–344.
I. Real evidence, or evidence
from things, 295-309.
II. Motives, means and opportu-
nities to commit the of
fence, 309.

III. Antecedent preparations and
previous attempts, 310.

IV. Declarations of intention and
threats, 313, 314.

V. Sudden change of life or cir-
cumstances, 315.
VI. Presumption of guilt derived
from silence under accusa-
tion, evasive responsion,
giving false answers, and
suppression or fabrication
of evidence, 316-320.
VII. Evasion of justice, 320.
VIII. Fear indicated by passive
deportment, 324.

XI. Fear indicated by a desire
for secrecy, 326.

X. Confessorial evidence, 327—
344.

Criminal conversation, 70. 212.
Crown,

no prescription against, at common
law, 89.

presumption of grant from crown, 107.
109. 145.

named in the prescription acts, 2 & 3
Will. 4, cc. 71 and 100; 117. 131.

Custom,
how differing from prescription, 90.
(See Prescription.)

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Default,

judgment by, 79.

Delay in voyage,

presumption against, 239.
Delivery of deed,

presumption of, 75. 81. 181.
Delivery of goods,

presumption from, 67.
Depositions before magistrates,

presumed to be taken in writing, 69.
Destruction of evidence. (See Spoliator.)
Deviation,

presumption against, 239.
Direct evidence, 12.
Disclaimer, 178.
Discontinuance,

presumption against, 67.72.
Dishonour, notice of, 182.
Disseisin,

presumption against, 72.
fiction in cases of, 27.
Disseverance of tithes,
presumable, 145.
Distress, 25. 69. 170.
Divorce a mensa et thoro

rebuts presumption of legitimacy, 71.
Domicil,

presumptions relative to, 235, 236.
Dower, 25. 64.
Drift-way,

presumptive evidence of, 242.

Duty,

presumption of the discharge of, 68.

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