Page images
PDF
EPUB

tels, lands or tenements, within the county aforesaid, or elsewhere, to the knowledge of the said Jurors. [Or, "And the Jurors aforesaid, upon their oath aforesaid, do say, that the said L. M. A. B. at the time of the doing and committing of the felony and murder aforesaid, had goods and chattels contained in the inventory to this inquisition annexed, which remain in the custody of B. C."]

In witness whereof, as well the aforesaid coroner as the jurors aforesaid, have to this inquisition put their seals on the day and year and at the place first abovementioned.

[blocks in formation]

of

13 Geo. III. c.

s.

Nottinghamshire. Be it remembered, that at the assizes and Presentment general session of oyer and terminer of our lord the king, holden of a judge of a road being out at Nottingham in and for the county of Nottingham, on thursday repair on the fifteenth day of March in the thirty-second year of the reign 78. 5. 24. (4) of our sovereign lord George the third king of Great Britain; &c. before the right honourable sir James Eyre, knight, lord chief baron of our lord the king of his court of exchequer; the honourable sir Alexander Thomson, knight, one of the barons of our said lord the king of the same court, and others their fellows, justices of our said lord the king appointed to take and hold the said assizes in and for the said county, and also to hear and determine all treasons, murders, felonies, and other misdemeanours committed within the same county; I, the said sir Alexander Thomson, by virtue of and pursuant to the power and authority given me in and by an act of parliament made and passed in the thirteenth year of the reign of our said lord the king, intitled, “An act to explain, amend, and reduce into one act of parliament, the statutes now in being for the amendment and preservation of the public highways within that part of Great Britain called England, and for other purposes," do upon my own view this day taken present, that from the time whereof the memory of man is not to the con

(d) See notes to next precedent.

Presentment

by a justice of a

road being out

13 Geo. III. c. 78. (e)

trary, there was and yet is a certain common and ancient king's in the county of

highway leading from

towards and unto Nottingham in the used for all the liege subjects of our said lord the king, with their horses, coaches, carts, and carriages, to go, return, pass, and repass at their will and pleasure, and that a certain part of the same king's common highway, situate, lying, and being in the parish of in the said county of Nottingham, to wit, &c. was, and yet is very ruinous, miry, deep, broken, and in great decay for want of due reparation and amendment of the same, so that the liege subjects of our said lord the king through the same way with their horses, coaches, carts, and carriages, could not, nor yet can go, return, pass, and repass as they ought and were wont to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, through the same highway, going, returning, passing, and repassing, and against the peace of our said lord the king, his crown, and dignity; and that the inhabitants of the said parish of in the said county of Nottingham, the same common highway so as aforesaid in decay, ought to repair and amend, and still of right ought to repair and amend when and so often as it shall be necessary, in testimony whereof, I, the said sir Alexander Thomson, have to these presents set my hand and seal, this fifteenth day of March, one thousand seven hundred and ninety-two. Alexander Thompson, (L. S.)

Middlesex. At the general quarter sessions of the peace of our lord the king, held for the said county at

day of and

[ocr errors]

in the

in the said of repair under county on Tuesday the year of the before reign of esquires, and others their companions, justices of our said lord the king assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county committed, A. B. esquire, one of the justices of our said lord the king assigned for the purposes aforesaid, by virtue of an act made

(e) See form on ancient high

The

way acts, 2 Saund. 157, 8.
Stat. 13 Geo. III. c. 78. s. 24.
gives a judge of assize or justice
jurisdiction. The form for not re-
pairing is prescribed by the sta-
tute, Schedule, No. 32, see also
Buin. J. Highways Turnpike, 6.
Williams. J. Highways, XXXVII.
See also Dick. Sess. 138 to 142.
13 East. 258. The presentment
must show that highway is in pa-
rish Cowp. 111. and if it be res-

pecting a road against a smaller district than a parish, it must be stated expressly how the township, &c. is liable, 2 T. R. 513. See the various forms of indictments for not repairing, post. In case of a presentment for not repairing, the form, being prescribed by the act, need not conclude, contrary to the statute but for a nuisance or other offence the presentment must so conclude, and must follow the language of the act, 13 East. 258.

in the thirteenth year of the reign of his majesty king George the third, "For the amendment and preservation of the highways," upon his own view [or if it is upon information of the surveyor, then say, "upon information on oath to him given by C. D. surveyor of the highways, for the parish of in the said county,"] doth present, that from the time whereof the memory of man is not to the contrary, (ƒ) there was and yet is a certain common and ancient king's highway, leading from the town of in the said county, towards and unto within the same county, used for all the king's subjects with their horses, coaches, carts, and carriages to go, return, and pass at their will, and that a certain part of the same king's common highway, commonly called ———— situate, lying, and being in the parish of in the same county, containing in length yards, and in breadth

in the

feet, on the

day of and continually afteryet is very ruinous, deep,

year of the reign of wards until the present day, was, and broken, and in great decay for want of due reparation and amendment, so that the subjects of the king through the same way with their horses, coaches, carts, and carriages, could not during the time aforesaid, nor yet can go, return, or pass as they ought and were wont to do, to the great damage and common nuisance of all the king's subjects, through the same highway, going, returning, and passing, and against the peace of our said lord the king, (g) and that the inhabitants of the parish of aforesaid, in the county aforesaid, the said common highway so in decay, ought to repair and amend when and so often as it shall be necessary. In testimony whereof, the said A. B. to these presents hath set his hand and seal, this in the year aforesaid.

day of

A. B. (L. S.)

INFORMATIONS, QUI TAM, AT SESSIONS.

Westmoreland. Be it remembered, that A. B. of, in the Informations county of, gentleman, who, as well for our sovereign lord the qui tam at quarter sesnow king as for himself, doth prosecute in this behalf, cometh be- sions. (h) fore the justices of our said lord the king, assigned to keep the

It is not necessary thus to allege that the way was immemorial, 3 T. R. 265.

(g) In general the presentment should conclude against the statute, &c. 13 East. 258. et supra 10. a. f. The presentment is tra

versable generally. 3 Burr. 1530.

(h) See form, Cro. C. C. 8 Ed. 237. Burn J. Information. Williams J. Information. See another form for exercising a trade not having served an apprenticeship, post.

[ocr errors]

-

year of

peace of our said lord the king, in and for the said county of Westmoreland; and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county committed, at their general quarter sessions of the peace holden at, in and for the said county, onthe day of in the the reign of, &c. in his proper person, and as well for our said lord the king as for himself, giveth the court here to understand and be informed, that C. D. late of the parish of, in the county of Westmoreland, yeoman, on, &c. at, &c. aforesaid, not regarding the laws and statutes of our said lord the king, but intending to, &c. with force and arms, &c. (here insert the offence with the same precision as in an indictment) against the form of the statute in that case made and provided, whereupon the aforesaid A. B., as well for the said lord the king as for himself, prayeth the advice of the court in the premises; and that the aforesaid C. D. may forfeit the sum of £.—————, according to the form of the statute aforesaid, and that he the same A. B. may have one moiety thereof, according to the form of the said statute; and also that the aforesaid C. D. may come here into court to answer concerning the premises, and there are pledges of prosecuting, to wit, John Doe and Richard Roe: and hereupon it is commanded to the said C. D. that all other things omitted and all excuses laid aside, he be in his proper person at the next general quarter sessions of the peace to be holden for the said county, to answer as well to the said lord the king as to the said A. B. who, as well for the said lord the king as for himself, doth prosecute of and concerning the premises, and further to do and receive what the said court shall consider in this behalf.

[ocr errors]

CHAPTER II.

INDICTMENTS, &c. FOR OFFENCES AGAINST
GOD, RELIGION, AND PUBLIC WORSHIP.

common law

MIDDLESEX. The jurors for our lord the king upon their Indictment at oath present, that T. D. late of &c. not having the fear of God for verbal blase before his eyes, but being moved and seduced by the instigation of phemy of God, our Saviour the devil, and contriving and intending to scandalize and vilify the and the Holy Ghost. (a)

(a) See Precedents, Trem. P. C. 225, 6. Blasphemy against God or the Christian religion, is indictable at common law, 1 East. P. C. 3. 3 Keb. 607. 2 Woodes, 512. 4 Bla. C. 59. Bac. Ab. Heresy. C. 1 Stra. 416. 2 Stra. 789. As to the nature of the punishment, see 3 Keb. 621. 1 Bla. R. 395. With respect to libels or verbal slanders on the Trinity, see 1 Stra. 416 and 2 Stra. 789. It was enacted by 9 and 10 Wm. III. c. 32. that if any person professing the Christian Religion, shall by writing,printing, teaching or advised speaking, deny any one of the persons of the Holy TRINITY to be God, or shall assert or maintain that there are more Gods than ONE, or shall deny the Christian religion to be true, or the Holy Scriptures, of the Old and New Testament to be of Divine Authority, and shall be convicted thereof upon indictment or information in any of his

Majesty's courts at Westminster, he shall for the first offence be rendered incapable of holding any office, or forfeit any he may hold; and shall for the second be rendered incapable of bringing any action, being guardian, executor, legatec or purchaser of lands, and shall suffer imprisonment with out bail. But provided the de linquent shall, within four months after the first conviction, publicly renounce his errors in open court, he shall be discharged for that once from all disabilities. This statute was repealed, as far as it affects Unitarians only, by 53 Geo. III. c. 160. Prosecutions for reviling the Trinity seem to have been generally tramed on the construction of the common law. Against persons denying the Scriptures to be the word of God, the statute 9 and 10 Wm. III. still continues in force.

« PreviousContinue »