APPENDIX. 1. RECORD of an Indictment and Conviction of MURDER, at the Assises. } BE miner. Warwickshire, E it remembered, that at the general Session of to wit. session of the lord the king of oyer and over and terterminer, holden at Warwick in and for the said county of Warwick, on Friday the twelfth day of March, in the second year of the reign of the lord George the third, now king of Great Britain, before Sir Michael Foster, knight, one of the justices of the said lord the king assigned to hold pleas before the king himself, Sir Edward Clive, knight, one of the justices of the said lord the king, of his court of common bench, and others their fellows, justices of the said lord the king, assigned by letters patent of the said lord the king, under his great seal of Commis Great Britain, made to them the aforesaid justices and others sion of and any two or more of them, (whereof one of them the said Sir Michael Foster and Sir Edward Clive, the said lord the king would have to be one,) to inquire (by the oath of good and lawful men of the county aforesaid, by whom the truth of the matter might be the better known, and by other ways, methods, and means, whereby they could or might the better know, as well within liberties as without) more fully the truth of all treasons, misprisions of treasons, insurrections, rebellions, counterfeitings, clippings, washings, false coinings, and other falsities of the monies of Great Britain, and of other kingdoms or dominions whatsoever; and of all murders, felonies, manslaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful assemblies, misprisions, confederacies, false allegations, trespasses, riots, routs, retentions, escapes, contempts, falsities, negligences, concealments, maintenances, oppressions, champarties, miner. and of the peace. Grand Jury. deceits, and all other misdeeds, offences, and injuries whatsoever, and also the accessories of the same, within the county aforesaid, as well within liberties as without, by whomsoever and howsoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumstances in the said letters patent of the said lord the king specified, the premises and every or any of oyer and ter- them howsoever concerning; and for this time to hear and determine the said treasons and other the premises, according to the law and custom of the realm of England; and also keepers of the peace, and justices of the said lord the king, assigned to hear and determine divers felonies, trespasses and other misdemesnors committed within the county aforesaid by the oath of Sir James Thompson, baronet, Charles Roper, Henry Dawes, Peter Wilson, Samuel Rogers, John Dawson, James Philips, John Mayo, Richard Savage, William Bell, James Morris, Lawrence Hall, and Charles Carter, Esquires, good and lawful men of the county aforesaid, then and there impannelled, sworn, and charged to inquire for the said lord the king and for the Indictment. body of the said county, it is presented, that Peter Hunt, late of the parish of Lighthorne in the said county, gentleman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the fifth day of March in the said second year of the reign of the said lord the king, at the parish of Lighthorne aforesaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the said lord the king, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said Peter Hunt with a certain drawn sword, made of iron and steel, of the value of five shillings, which he the said Peter Hunt in his right hand then and there had and held, him the said Samuel Collins, in and upon the left side of the belly of him the said Samuel Collins then and there feloniously, wilfully, and of his malice aforethought, did strike, thrust, stab, and penetrate; giving unto the said Samuel Collins, then and there, with the sword drawn as aforesaid, in and upon the left side of the belly of him the said Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which said mortal wound he the said Samuel Collins, at the parish of Lighthorne aforesaid in the said county of Warwick, from the said fifth day of March in the year aforesaid until the seventh day of the same month in the same year, did languish, and languishing did live; on which said seventh day of March in the year aforesaid, the said Samuel Collins at the parish of Lighthorne aforesaid, in the county aforesaid, of the said mortal wound did die; and so the jurors aforesaid, upon their oath aforesaid, do say that the said Peter Hunt him the said Samuel Collins, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace of the said lord the now king, his crown and dignity. Whereupon the sheriff Capias. of the county aforesaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the said Peter Hunt, if he may be found in his bailiwick and him safely keep to answer to the felony and murder whereof he stands indicted. Which said Session of indictment the said justices of the lord the king above-named, gaol deliafterwards, to wit, at the delivery of the gaol of the said lord the very. king, holden at Warwick in and for the county aforesaid, on Friday the sixth day of August in the said second year of the reign of the said lord the king, before the right honourable William lord Mansfield, chief justice of the said lord the king, assigned to hold pleas before the king himself, Sir Sidney Stafford Smythe, knight, one of the barons of the exchequer of the said lord the king, and others their fellows, justices of the said lord the king, assigned to deliver his said gaol of the county aforesaid of the prisoners therein being, by their proper hands to deliver here in court of record in form of the law to be determined. And afterwards, to wit, at the same delivery at the gaol Arraignof the said lord the king, of his county aforesaid, on the said ment. Friday the sixth day of August, in the said second year of the reign of the said lord the king, before the said justices of the lord the king last above-named and others their fellows aforesaid, here cometh the said Peter Hunt, under the custody of William Browne, esquire, sheriff of the county aforesaid, (in whose custody in the gaol of the county aforesaid, for the cause aforesaid, he had been before committed,) being brought to the bar here in his proper person by the said sheriff, to whom he is here also committed: And forthwith being demanded concerning the premises in the said indictment above specified and charged upon him, how he will acquit himself thereof, he saith that he is not guilty thereof; and Plea; not thereof for good and evil he puts himself upon the country; guilty. Issue. and John Blencowe, esquire, clerk of the assizes for the county aforesaid, who prosecutes for the said lord the king in this behalf, doth the like: Therefore let a jury thereupon here imme- Venire. diately come before the said justices of the lord the king last above-mentioned, and others their fellows aforesaid, of free and lawful men of the neighbourhood of the said parish of Lighthorne in the county of Warwick aforesaid, by whom the truth of the matter may be the better known, and who are not of kin to the said Peter Hunt, to recognize upon their oath, whether the said Peter Hunt be guilty of the felony and murder in the Verdict ; guilty of murder. indictment aforesaid above specified, or not guilty; because as well the said John Blencowe, who prosecutes for the said lord the king in this behalf, as the said Peter Hunt, have put themselves upon the said jury. And the jurors of the said jury by the said sheriff for this purpose impannelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lion, James White, William Bates, Oliver Green, Bartholomew Nash, and Henry Long, being called, come; who being elected, tried, and sworn, to speak the truth of and concerning the premises, upon their oath say, that the said Peter Hunt is guilty of the felony and murder aforesaid, on him above charged in the form aforesaid as by the indictment aforesaid is above supposed against him; and that the said Peter Hunt at the time of committing the said felony and murder, or at any time since to this time, had not nor hath any goods or chattels, lands or tenements, in the said county of Warwick, or elsewhere, to the knowledge of the said jurors. And upon this it is forthwith demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him : who nothing farther saith, unless as he before had said. Whereupon, all and singular the premises being seen, and by the said justices here fully Judgment understood, it is considered by the court here, that the said Peter of death, Hunt be taken to the gaol of the said lord the king of the said county of Warwick, from whence he came, and from thence to the place of execution on Monday now next ensuing, being the ninth day of this instant August, and there be hanged by the neck until he be dead; and that afterwards his body be dissected and anatomized. and dissection. Verdict; § 2. Conviction of Manslaughter. upon their oath say, that the said Peter Hunt is not not guiltyof guilty of the murder aforesaid, above charged upon him; but that murder; the said Peter Hunt is guilty of the felonious slaying of the aforeguilty of manslaugh said Samuel Collins; and that he had not nor hath any goods or chat ter. tels, lands, or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this time to the knowledge of the said jurors. And immediately it is demanded of the said Peter Hunt, if he hath or knoweth any thing to say wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him who saith that he Judgment is a clerk, and prayeth the benefit of clergy to be allowed him in Clergy prayed. this behalf. Thereupon, all and singular the premises being seen, to be burned in the hand, and by the said justices here fully understood, it is considered by and delithe court here, that the said Peter Hunt be burned in his left vered. hand, and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the statute, § 3. Entry of a Trial instanter in the Court of King's Bench, upon Michaelmas term, in the sixth year of the reign of king Record of Prisoner asked what he can say in bar of exe cution. Plea; not Kent; the King The prisoner at the bar being brought into against this court in custody of the sheriff of the Thomas Rogers. county of Sussex by virtue of his majesty's writ of habeas corpus, it is ordered, that the said writ and the return Habeas corthereto be filed, And it appearing by a certain record of attainder, pus. which hath been removed into this court by his majesty's writ of attainder certiorari, that the prisoner at the bar stands attainted, by the read; name of Thomas Rogers, of felony for a robbery on the highway, and the said prisoner at the bar having heard the record of the for felony said attainder now read to him, is now asked by the court here, androbbery. 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 Thomas Rogers in the said record of attainder named, and against whom judgment was pronounced: and this he is ready to verify and prove, &c. To the same which said plea the honourable Charles Yorke, esquire, attorney- Replica general of our present sovereign lord the king, who for our said tion, lord the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner at the bar hath now alleged, for our said lord the king by way of reply saith, averring that the said prisoner now here at the bar is the same Thomas that he is. Rogers in the said record of attainder named, and against whom judgment was pronounced as aforesaid; and this he prayeth Issue may be inquired into by the country; and the said prisoner at joined. the bar doth the like; Therefore let a jury in this behalf imme- awarded diately come here into court, by whom the truth of the matter instanter. will be the better known, and who have no affinity to the said prisoner, to try upon their oath, whether the said prisoner at the bar be the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as afore person. Venire |