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Published online by Cambridge University Press: 21 December 2009
At the General Quarter Session of the Peace holden at HICK's HALL, in Saint-John-Street, in and for the County aforesaid, on Monday the Eighth Day of January 1770, before Bartholomew Hammond, Saunders Welch, John Spencer Colepeper, Elisha Biscoe, Edward Jennings, Henry Lamb, William Timbrell, Joseph Keeling, Esqrs. Sir Robert Darling, Knt. Nathan Carrington, Stephen Cole, John Barnfather, Charles Dod, Jeremiah Bentham, Peter Lewis Perrin, Rupert Clarke, Joseph Newsom, George Mercer, John Cox, Benjamin Cowley, David Wilmot, Burford Camper, and Thomas Edmonds, Esqrs.
page 424 note 1 23 Co. 35 Edwards v. Wootton.
page 425 note 1 3 Co. 125. The case de libellis famosis.
page 425 note 2 Co. 59. b. Lamb's case. Moor 813. S.C.
page 425 note 3 5 Co. 125.
page 428 note 1 g. & 10. W. III. cap. 32. 1 Edw. VI. cap. 4. 1 Eliz. cap. 2. § 9.
page 428 note 2 Babington's Advice to Grand Jurors in Cases of Blood, 82. Finch of Law, 25.
page 428 note 3 An indictment is no part of the trial, but an information, or declaration, for the king; and the evidence of witnesses to a Grand Jury is no part of the trial, for by law the trial in that is not by witnesses, but by the verdict of twelve men, and a manifest diversity between the evidence to the Jury, and a trial by Jury. If the indictment were part of the trial, then ought he that is a nobleman, and lord of parliament, to be indicted by his peers; but the indictment against a peer of the realm is always found by freeholders, and not by peers. 3 Inst. 26.- Vide also I. Inst. § 194.- Fortesc, de laud. cap. 26.- Staundf. Plees del Coron. Lib. 2. fo. 90.
page 428 note 4 Sir James Astry's general Charge to Grand Juries, 15. 21.
page 429 note 1 Advice to Jurors in cases of blood, 16, 63, 125, et passim. Sir James Astiy's general charge to Grand Juries, 14. - Bilia vera is the endorsment of the Grand Jury, upon any presentment or indictment which they find to be probably true, Terms de la ley. - Delationem aut in judicium postulationem nihil aliud esse quam duodecem virorum prejudicium quo finem tarnen pricnpali negotio nullum affert, sed conjecturam aut opinionem verras, quo circa de asbsentibus etiam inquiritur et de noncitatis. Thos. Smith, de Repub. Anglor. Lib. ii. cap. 26. [=an accusation is nothing but a preliminary inquest, which however does not put an end to the matter, but rather brings about an hypothesis or an opinion, it is why an inquest is led about persons absent or not brought to the bar.] - State Trials, Vol. iii. 416. Vol. v. 3.
page 429 note 2 If A. be killed by B. so that it doth constare de persona occisi et occidentis, and a bill of murder be presented to them, regularly they ought to find the bill for murder, and not for manslaughter, or se defenso, because otherwise offences may be smothered without due trial; and when the party comes upon his trial, the whole fact will be examined before the court, and the petit Jury; and in many cases it is a great disadvantage to the party accused; for if a man kill B. in his own defence, or per infortunium, or possibly in executing the process in law upon an assault made upon him, or in his own defence upon the highway, or in defence of his house against those who come to rob him, in which three last cases it is neither felony nor forfeiture, but, upon not guilty pleaded, he ought to be acquitted; yet if the grand Inquest find Ignoramus uppon the bill, or find the special matter whereby the prisoner is dismissed and discharged, he may, nevertheless, be indicted for murder seven years after. 2. Hale's Hist. Plac. Goron. 158.
page 430 note 1 Lib. Ass. anno 27. Placit. 63. George's case.
page 430 note 2 Staundf. 35.
page 430 note 3 3 Inst. 107.