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I
«5
GENERAL INDEX
TO THE
COLLECTION OF
STATE TRIALS
COMPILED BY
T. B. HOWELL, and T. J. HOWELL, Esqrs.
By DAVID JARDINE, Esq.
OF THB MIDDLB TXUPI.B, BARRISTBR-AT-IJIW.
KOBIS IN ARCTO ET INOLORIUS LABOR,— 7aoi7. Annai. Lib. tr. cap. K,
LONDON:
LONGMAN, REES, ORME, BROWN & GREEN ; J. M. RICHARDSON ; PARBURY,
ALLEN & CO. ; BALDWIN & CRADOCK ; £. JEFFERY & SON ; J. HATCHARD
ft SON ; R. H. EVANS ; J. BOOKER ^ J. BOOTH ; and BUDD & CALKIN.
1828.
,„„ iSZ^««'«"-
^U6 2T 1900
rr
T. C. HAwsAikD, Printer, PatBr-noster-row, London.
APVERTISEMENT.
•^r**!'*— ••■•w^fiBPfwiw^
JLT hQA kmg heek « auAi^el of legset ta ali clasads of ilMukte, and
pmrti^dai^ly to Metatera o£ Aa ii^* I\ofes8ioii» thai tlKf mass, of;
yMmhlk iiifenniion oii U^ atld coiistiitttiiMibl subjeets^ conUdned'
iot tke Stele Triahr »1]k>iiM- imaih lit a gteat otfeasnre ka^iceadible for^
want <^f m cbkii^iaant lodte. the 6ea€»al'lnd«x to Haufgntw's Stalia
Tnab, yftHSuSi W4la* iipHoifipited^^y Iba^ Wii^d Editor of the work^ iis^
atnauidiy impeyfidct/ iAi 'ftift of ^t^tfa^i^ ; ttd ef«tt lAtl^ the
a8di»taBc6 (^ & Table of Parallel Reftfeiiee^ fiimisheti a Tery «i»kwardt
and insufficient guide to the con<feht6 of the Octavo edition;
besides which, the matter which is common to both editions forms
fittle more than half of the contents of HowelFd Collection. By
the chronological arrangement of Howell's State Trials, a part of
the inconvenience which applied to the earlier editions is removed ;
but it is obvious that there are innumerable points and circumstances,
fidntly remembered, and not associated in the mind with any date or
time, which it is hopeless to attempt to find amongst three and thirty
volumes of desultory matter, without the assistance of an Index.
Under these circumstances, it is hoped that no apology is necessary
for offering to the Public a Work, upon which much time and labour
have been employed, and which must be usefiil to some extent, even
though imperfectly executed. It was originally intended to form a
Digest, or Abstract, of the State Trials, with Notes and Illustrations
of a merely professional character, with a view of rendering more
practically useful the information on legal subjects which the work
contains ; but the appearance of Mr. Phillipps's excellent Book, upon
a somewhat similar, though less comprehensive plan, with other
considerations, induced the Compiler to abandon that intention, and
to restrict his undertaking to the formation of an Index. It has been
ADVERTISEMENT.
considered that the object of an Index, namely, that of furnishing a
ready means of reference to the contents of the work, would be best
attained by the simplest method of arrangement, and that any arti«
ficial analysis would be altogether inapplicable to the State Trials ;
this Compilation, therefore, merely consists of two Tables, alphabeti-
cally arranged ; the first being a Table of Names, with a short abstract,
under each name, of the contents of the work,, so far as they relate
to the individual to whom the name belongs, and a reference to the
passages in which he is mentioned: the second being a Table of
Principal Matters, containing references to the leading subjects, as
well as the points of ISw, arguments, and' other circumstances,
incidentally mentioned throughout the whole Collection. The heads
of reference in both these Tables have been made as numerous and
partic^^dar as possible, in order to afford a large number of such points
as tosiy most probably occur to the memory of the Reader, smd by
v^hich he may be guided directly to the object of his search. A Table
of Parallel Reference has been added, for, the purpose of rendering
the Index applicable to Hargrave's State Trials, as well as to the
Octavo Edition. This Table is the converse of that which is given
in the twenty-first Volume of the Work; the one containing, a
reference from the Folio edition to the Octavo, and the other a
reference from the Octavo to the Folio.
. It may be necessary to explain to the Reader, that as it frequently
happens that eminent and remarkable Characters are mentioned . in
the State Trials, as having been present on particular trials or occa-
sions, without their having taken any prominent part in the proceed^
ings, it has been thought proper to refer to theftn in the Index of
Names, with their description as Judges, Serjeants, Counsel, &c. and
the date of the transactions in which their names occur.
geserax
GENERAL INDEX
TO THE
STATE TRIALS.
Part I. — Names.
iM^^MiitfHaM
AbBOT^ George, Archbishop of Canterbury.
— *He is appointed one of the Commissioners
for examining the matters contained in a
Petition of Divorce, by Frances Howard,
Countess of Essex, against her husband,
Robert, Earl of Essex, 11 Jac. 1, 1613,
2 vol. 785. — His Reasons against the
Divorce, ibid. 794. — ^Answer of King James
the First to these Reasons, ibid. 798. — Arch-
bishop Abbot's Account of the Proceedings
in this Case, ibid. 805. — Speech intended to
have been delivered by him in the Court of
Delegates against the Divorce, ibid. 844. —
The King's Letter to him respecting his
Opinion in this Case, ibid. 860. — ^For his
conduct in this Case he was excluded from
the Council Table, ibid. 786 (note). — Pro-
ceedings against him for accidentally kill-
ing Edward Hawkins, 19 Jac. 1, 1621,
2 vol. 1160. — The King refers the Case to
certain Bisbops and Judges fur their opinion,
ibid, 1161. — ^Their Answer thereto, ibid.
1162. — The King directs a Commission to
the Lord Keeper and certain Bishops to grant
a Dispensation to the Archbishop, ibid.
1163. — ^Form of the Dispensation, ibid.
11 81. --Apology for Archbishop Abbot, ibid.
1165. — Spelman*s Answer to the Apolocy,
ibid. 1169.— Proceedings against him for
refusing to license Dr. Sibthorp's Sermon,
3 Car. 1, 1627, ibid. 1449.--The King's
Commission for the Sequestration of his
Ecclesiastical Offices, ibid. 1451. — His Nar-
rative of these Proceedings against him,
ibid. 1453.— ffis Account of the first Pro-
motion of the Duke of Buckingham, ibid.
1478. — ^His Speech at the Conference be-
tween the two Houses of Parliament respect-
ing the Liberty of the Subject, 3 vol. 166.
ABBOTSBURY Witnesses. See Gibbons, Jokn.
ABBOTT, Charles, Counsel, 26 vol. 8, 534,
1218.— 27 vol. 821, 1283. — 28 vol. 356,
529.-29 vol. 1, 423,«'His Argument in
VOL. XXXIV,
support of the Demurrer to the Plea in
Abatement to the Jurisdiction of the Court
in Judge Johnson's case, 29 vol. 388. .
ABBOTT, Sir Charles, Judge of K. B., 32
vol. 20, 765. — His Charge to the Jury on the
Trial of John Hatchard, for a Libel, 32 vol.
713. — His Charge to the Juiy on the Trial of
Ludlam for High Treason, at Derby, ibid.
1271.
", Chief Justice of
K. B. — His Charge to the Grand Jury
assembled under the Special Conunission at
Clerkenwell for the Trial of the several
persons concerned in the Cato Street Plot,
33 vol. 683. — His Charge to the Jury on
the Trial of Thistlewood, ibid. 919.— His
Address in passing Sentence upon Thistle-
wood and the other Prisoners convicted of
High Treason, in being concerned in the
Cato Street Plot, ibid. 1560.
ABINGTON, Edward.-^His Trial at West-
minster, with Charles Tilney, Edward Jones,
John Travers, John Chamock, Jerome
Bellamy, and Robert Gage, for High
Treason, in conspiring to kill Queen Eliza-
beth, at the instigation of the Papists, 28 £liz«
1586, 1 vol. 1141.— They all plead Not
Guilty, ibid. 1143. — ^Abiogton's Trial, ibid,
ib.— Tilney's Trial, ibid. 1149.— Jones's
Trial, ibid. 1151.— Travers's Trial, ibid.
1152.— Chamock's Trial, ibid, ib — Gage's
Trial, ibid. 1154.— Bellamy's Trial, ibid. ib.
—Judgment of death is passed upon them,
ibid. 1156. — They are executed, ibid. ib.
ABNEY, Sir Thomas, Counsel.— His Speech
for the Plaintiff on the Trial of an Issue
upon the Return to a Mandamus to the
Town and Port of Hastings, 17 vol. 849.—
His Reply in the same Case, ibid. 906.
■ I ■ Judge of Ct p., f Geo.
2, 18 vol. 329.
B
GENERAL INDEX TO
ACTON, Wilham.-^The House of Commons
order bim to be prosecuted for the Murder
ot several Prisoners under his custody in
^e Marshalsea Prisop, 17 vol., SJO.-Hui
P^i^^ the Surrey Assizes, fop the Murd^er
ot Ihomas Bliss, 3 Geo. 2, 1729, ibid. 461.
—Upening Speeches of the Counsel for the
Prosecution, ibid. 463.-~Evidence for the
I'rosecution, ibid. 466.— The Prisoner's De-
•r^®;^'^'"^- 485.— Evidence for him, ibid.
ib.--Mr. Baron Carter's Charge to the Jury,
ibid. 503.~The Jury acquit him, 'Ibid. 510.
--•liis Trial at the same Assizes for the
:Murder of John Bromfield, ibid. 511.—
J^ndence against him, ibid. 513.— Evidence
Jor him, ibid. 518.~Mr. Baron Carter's
Charge to the Jury, ibid. 522.— The Jury
acquit him, ibid. 524.— His Trial at the
same Assizes for the Murder of Robert
iVcwton, ibid. 525.— Evidence against him,
jjid. lb.— His Defence, ibid. 533.— Mr.
Baron Carter's Charge to the Jury, ibid.
540. — The Jury acquit him, ibid. 544.— His
Trial at the same Assizes for the Murder of
James Thompson, ibid. 546. — Evidence
against him, ibid. ib.-^His Defence, ibid.
554.— Mr. Baron Carter's Charge to the
Jury, ibid. 558.— The Jury acquit him, ibid.
562.— Another Bill of Indictment is prefer-
red against him, but is thrown out by the
Grand Jury, ibid. 563.
AD AI{t, James, Serjeant-at-Law,and Recorder
of London, 21 vol. 687.-24 vol. 238.-25
vol. 2.— His Speech in Defence of Stone,
for High Treason, 25 vol. 1320.
ADAM, William, Counsel, 26 vol. 1218.— 27
vol. 821.— 30 vol. 450. — His Speech in
Defence of Crossfield, on his Trial for
Treason, 26 vol. 91.— His Speech for the
Prosecution on the Trial of the Bishop of
Bangor, ibid. 464.— His Speech in Defence
ofWm. Cobbett, on his Trial for a Libel
on the Lord Lieutenant of Ireland, 29 vol.
37.— His Speech in Defence of Wm. Cob-
bett, in an Action by Mr. Plunkett against
him for a Libel, ibid. 72.— His Speech in
Defence of Mr. Justice Johnson, on his
Trial for publishing a Libel on the Lord
Lieutenant of Ireland, ibid. 468 HisSpeech
on summing up the Evidence for the De-
fence, on the Trial of Lord Melville, ibid.
1313. '
ADOLPHUS, John, Counsel.— His Speech in
Defence of Thistlewood, on his Trial for
High Treason, in being concerned in the
Cato Street Plot, 38 vol. 850.— His Speech
m Defence of Ings, on his Trial for the
same Treason, ibid. 1079.— His Speech in
<• Defence of Brunt, on his Trial for the same
Treason, ibid. 1272.— His Speech in De-
fence of Davidson and Tidd, on their Trial
foe the same Treason, ibid. 1441;
AIKENHEAD, Thomas. — Proceedings in
8 Will. 3, 1696, 13 vol. 917.-^The -ladiet*
ment, ibid. ib. — His Petition to the Court of
Justiciary, containing his retractation, ibid.
921 (note). — Evidence against him, ibid. 923.
— He is ^n4 Guilty, and sentenced to be
l)aiig»d, ibid, 927.— IJis Petition to the
Privy Council, ibid. ib. — Letter of Mr.
Locke to Sir Fras. Masham, respecting his
Case, ibid. 928. — Another Letter respecting
him, ibid. 929. — His Speech at the place of
Execution, ibid. 930. — His Letter to his
frifsfi^n, w7n(teii.on the day of his death, ibid.
034. — Animadversions upon his doctrines,
ibid. ib. Arnot's account of his Trial, ibid.
917 (note).
AITKEN, James, otherwise John the Painter.
— His Trial for feloniously setting Fire to a
Rope House in the Dock Yard at Ports-
mouth, 17 Geo. 3, 1777, 20 vol. 1317.— The
Indictment, ibid, ib.— Mr. Serjt. Davy opens
the Case for the Prosecution, ibid. 1319* —
Evidence for the Prosecution, ibid. 1328. —
The Prisoner's Defence, ibid. 1347. — Mr.
Baron Hotham's Charge to the Jur^, ibid.
1348.— The Jury find hira Guilty, ibid. 136S.
•—Sentence of Death is passed upon htm,
ibid. 1364.— His Confeswon, ibid. 1865. —
Account of his Execution, ibid. 1368.
ALAND, John fortescue. Solicitor Genetal.
r-His Reply for the Crown on the Trial of
Francia for High Treason, 15 vqI. 975.
^, Sir John Fortescue, Baron of the Ex-
chequer.— His Aigument on delivering his
Opinion in favour of the King's Prerogative,
respecting the Education and Marriage of
the Royal Family, 16 vol. 1216.
— *^, Judge of K.B.
16 vol. 114,
ALLEN, John. See O'Coigly, James.
ALLEYNE,- — rr,Counsel.^His Argument in
the case of the Island of Grenada, 20 vol. 268.
ALLYBONE, Sir Richard, Judge of K. B. 12
vol. 122.--Hi3 Charge to the Grand Jury of
the County of Surrey, immediately after the
Trial of the Seven Bishops, 12 vol. 1§0
(note).— He was one of the Judges, before
whom the Seven Bishops were tried, ibid.
189. — He was said by lord Camden, to have
been a rigid Papist, 19 vol. 993.
ALMQN, John.— His Trial, upon an Ex-officio
Information, for publishing Junius'a Letter
to the King, 10 Geo. 3, 1770, 20 vojl. 803.^
The Information, ibid, ib.— XHe Speech of
•u?, ^"„T^y„^.^''®'^^ *^' ^'^ Prosecution,
ibid. 823.— Evidence for the Prosecution
ibid. 828.— Serjeant Glynn's Speech for the
Defendant, ibid. 8f31.— Evidence for the
defendant, ibid. 835.— Lord Mausaeld's
Charge to the Juyy ibi^. 836.^Tlie jZy
find him Guilty ibid. 839.-.proceeaings on
a Motion for a New Trial, upon the grouudl
Uiat there was no proof of pHblioation by the
PefendantpersoB^ly, but. only by his ^op-
mn, itad, ib.^The Qouft h(M Ods \& U
THE STATE TRIALS*
sufficient prim& facie Evidence of publication
by the Defendant, and refuse a New Trial,
ibid. 842. — Proceedings on his being brought
up for Judgment, ibid. 843.*— His Sentence,
ibid. 847.— Other Accounts of the Proceed-
ings, on the application for a New Trial,
ibid. 848.
ALTHAM, John, Baron of the Exchequer,
6 Jac. 1, 2 vol. 576, 725, 952.
ANANDALE, William, Marquis of. See
Baillie, David,
ANDERSON, Sir Edmund, Chief Justice of
C. P., 1 vol. 1096, 1128, 1251, 1315,
1333. — He was ope of the Commissioners
named by Queen Elizabeth for the Trial of
Mary, Queen of Scots, 1 vol.1167, — His
Speech on the Proceedings against William
Davison, the Queen's Secretary, for a Con-
tempt in delivering the Warrant for the
Execution of Mary Queen of Scots, ibid.
1235. — He was one of the J udges on the Trial
of Sir Walter Raleigh, 2 vol. 1.
ANDERSON, Lionel, alias Munson.— His
Trial with William Russel, alias Napper,
Charles Parris, alias Parry, Henry Stark ey,
James Corker, William Marshal and Alex-
ander Lumsden, for High Treason, under the
Stat. 27 Eliz. c. 2, for being Seminary Priests
in England, 31 Car. 2, 1680, 7 vol. 811. —
Corker and Marshal object, at their Arraign-
ment, that they have been already tried for
Treason, but the Court overrule the Objec-
tion, ibid. 830, 831. — They all plead Not
Guilty, ibid. 829. — The King's Counsel. open
their Case against Anderson, ibid. 833 —
Evidence against him, ibid. 835. — Oates's
Evidence, ibid. 837. — His Defence, ibid.
841. — Evidence against Corker, ibid. 846. —
Evidence against Marshal, ibid. 847. — Evi-
dence in bis Defence, ibid. 853. — ^Evidence
against Russel, ibid. 858. — Evidence against
Parry, ibid. 860. — Evidence for him, ibid.
863. — Evidence against Starkey, ibid. 867.
Evidence against Lumsden, ibid. 8^9. — ^He
is proved to be a Scotchman, and the Court
direct the Jury to find a Special Verdict as
to him, ibid. 871. — The Jury return a Special
Verdict as to Lumsden, and find the others
Guilty, ibid. ib. — Sentence of Death passed
upon all, excepting Lumsden, ibid. 882.
ANDERTON, William.— His Trial at the
Old Bailey for High Treason, in publishing
treasonable Libels, 5 Will, and Mary, 1693,
12 vol. 1245. — ^Account of his Trial, from the
Sessions Paper, ibid. ib. — ^His Trial, as pub-
lished by his Friends, ibid. 1250. — The Jury
Hod him Guilty, ibid. 1259. — He pleads in
arrest of Judgment, ibid. 1261. — Science
of Death is passed upon him, ibid. 1262. —
His conduct at the place of Execution, ibid.
1264. — Paper given by him to the Sheriffs,
ibid. 1265.
ANDREWS, Eusebius.-- Prooeedings against
bin for iUgh TrtasoD, 9 Car. 2, t^Q, 5
vol. 1.— He is arrested and examined before
the Council, ibid. ib. — He is committed to
the Tower, ibid. 2.— His Narrative of the
Matters upon which the Charge against him
was founded, ibid. 3.— He is brought before
the High Court of Justice, ibid. 13. — His
Answer to the Charge against him, ibid. ib.
— His Arguments against the validity of the
Court, ibid. 19. — ^Judgment of Death is
passed upon him, ibid. 31. — His Speech,
and Conauct on the Scaffold, ibid. 37.
ANGLESEA, Richard, Eari of. See Anneskyy
James, — Trial of an Action of Ejectment in
Ireland, between him and James Annesley,
17 Geo. 2, 1743, 17 vol. 1139.— His Trial
with Francis Annesley, and John Jans, for
nn Assault upon James Annesley and others,
18 Geo. 2, 1744, 18 vol. 197.— The Indict-
ments, ibid, ib.— The Defendants are tried
upon four separate Indictments, for four
Assaults on different Persons, ibid. 198. —
Speeches of the Counsel for the Prosecution,
ibid, ib.— -Evidence for the Prosecution, ibid.
206.— Speeches of the Counsel for the De-
fendants, ibid. 256.— The Counsel for the
Defendants apply to the Court to charge the
Jury to return their Verdict, as to Francis
Annesley and Jans, upon one of thr* Indict-
ments, before the Defence is' opened, in
order that they may be competent Witnesses
for Lord Anglesea, ibid. 259. — The Court
grant the application, ibid. 267. — The Jury
tind Lord Anglesea guilty on the First In-
dictment, but acquit the other Defendants,
ibid. ib. — Evidence for Francis Annesley,
on the Second Indictment, ibid. ib. — He is
acquitted of that Indictment, ibid. ib. — He
gives Evidence for the other Defendaots on
the same, ibid. 268.-^Lord Anglesea and
Jans are found guilty upon the Second In-
dictment, ibid. 274. — Defence on the Third
Indictment, ibid. ib. — Lord Anglesea and
Jans found guilty on the Third Indictment,
ibid. 280. — ^The Court charge the Jury upon
the Evidence on the Third Indictment, as to
Francis Annesley, and upon the whole Case
upon the Fourth Indictment, ibid. 286. —
The Jury find Francis Annesley guilty upon
the Third Indictment, and acquit all the
Defendants upon the Fourth, ibid. 287. — Sen-
tence is passed upon them, ibid. 289.
ANGLESEY, Arthur, Earl of.— Proceedings
against him before the King in Council,
respecting a Book reflecting upon the Duke
of Ormond, 34 Car. 2, 1684, 8 vol. 989.—
The Duke of Ormond's Petition to the King
against him, ibid, ib.— Order of Council
thereupon, ibid. 998. — His Speech to the
King on appearing before the Privy Covincily
ibid. 999. — His Answer to the Duke's Charge
against him, ibid. 1000,— The Duke's Par-
ticulars of Charge against him, ibid. 1008. —
His Answer thereto, ibid. 1009. — The
Council resolve that the Book is a Scandalous
Libel, ibid. 1011.— He is oidered to deliver
up the Privy Seal, ibid. I014---Letter from ,
B 3
GENERAL INDEX TO
Dr. Morley^ Bishop of Winchester, to him,
ibid. 1015. — Letters between the Earl of
Anglesey and the Duke of Ormond, on the
subject of the Book in question, ibid. 992
(note).
ANNESLEY, Francis. See Anglesea, Bichard,
Earl of.
ANNESLEY, James.— His Trial with Joseph
Redding at the Old Bailey for the Murder of
Thomas Egglestone, 15 Geo. 2, 1742, 17
vol. 1093.— The Indictments, ibid. 1094.—
The Counsel for the Prosecution open their
Case, ibid. 1098.— Evidence for the Prosecu-
tion, ibid. 1099.— Tlieir Defence, ibid. 1112.
— Evidence for the Prisoners, ibid. 1113. —
Arguments for the Prisoners, that the Homi-
cide in this Case, amounted only to Chance-
medley, ibid. 1126. — Arguments for the Pro-
secution contra, ibid. 1129. — Reply of the
Prisoners' Counsel, ibid. 1130.— The Court
charge the Jury, ibid. 1133. — ^The Jury acquit
them of Murder, on the ground that the facts
amounted only to Chance-medley, ibid. 1139.
— ^Trial of his Title to certain Lands in Ireland,
in an Action of Ejectment between Campbell
Craig, his Lessee, and Richard, Earl of Angle-
sea, in the Court of Exchequer in Ireland, 17
Geo. 2, 1743, ibid. ib. — The Declaration, ibid.
1141. — Opening Speeches of the Counsel for
the Lessor of the Plaintiff, ibid, 1143. — Evi-
dence for the Lessor of the Plaintiff, ibid.
1149. — ^The Attorney-General's Speech for
the Defendant, ibid. 1254. — Evidence for
the Defendant, ibid. 1262. — Evidence in
Reply, ibid. 1338.— Speeches of the Defend-
ant's Counsel, on the close of the Evidence,
ibid. 1355. — Spe'feches of the Counsel for
the Lessor of the Plaintiff, ibid. 1383.— The
Lord Chief Baron's Charge to the Jury, ibid.
1406* — Mr. Baron Mounteney's Address to
the Jury, ibid. 1425. —Mr. Baron Dawson's
Address to the Jury, ibid. 1439. — The Jury
return a Verdict for the Lessor of the Plain-
tiff, ibid. 1443. — This is said to have been
the longest Trial ever known, ibid. 1139
(note), 1406. — Account of Annesley ex-
tracted from the Gentleman's Magazine,
ibid. 1443. — ^Trial of Mary Heath, one of
the principal witnesses for the Defendant
in the Ejectment, for Perjury, 18 vol. 1. —
Trial of the Earl of Anglesea and others, for
an Assault upon him, ibid. 197.
APPLETREE, Thomas. See Messenger,
Peier.
ARCHER, John, Judge of C. P., 18 Car. 2,
6 vol. 769.
ARCHER, Thomas.— -His Trial with Alex,
ander Sheils, and others, at Edinburgh, for
Treason, in being engaged in Argyle's Rebel-
lion, 1 Jac. 2, 1685, 11 vol. 889.— The In-
dictment, ibid. ib. — ^He is found Guilty, and
sentenced to Death, ibid. 901. — His Dying
Speech, ibid. 904 (note). — ^^Vodrow's Ao-
count of hioDj ibid. 90} (Qote)«-«^FouQtaiQ-
hall's Account of these Proceedings, ibid.
889 (note).
ARGYLE, Archibald, Earl of.— His Trial in
Scotland for Treason, 33 Car. 2,1681, 8 vol.
843. — He takes the Test required from him,
as a Privy Councillor, with an Explanation
of the mode in which he understood it, ibid.
883.— Letter from the Council to the King,
informing him of their having committed the
Earl of Aigyle, ibid. 892.— The King's
Answer, ibid. 897. — Indictment against
him, ibid. 898.— Abstract of the Acts of
Parliament on which the Indictment is
founded, ibid. 901.— His Speech to theCourt,
on his Arraignment, ibid. 909. — Charles
the 2nd's Letter to him, when Lord Lorn,
ibid. 912.— Debate on the relevancy of
the Libel, ibid. 918.— The Court find the
Libel relevant, ibid. 944.— He is found
Guilty by the Assize, ibid. 946.— Letter from
the Council to the King, desiring leave to
Pronounce Sentence upon him, ibid. ib. —
he Duke of York says, that if the King's
Answer did not arrive soon, he should take
upon himself what was to be done, ibid. 858
(note). — Speech which he intended to have
made before Sentence was pronounced upon
him, ibid. 946. — He makes his Escape, ibid.
980.— The King's Answer to the Letter of
the Council, ibid. ib. — His Reasons for his
Escape, ibid. 983. — Accounts of these Pro-
ceedings, by Burnet and Laing, ibid. 843
(note). — Fountainhall's Account of the Pnj-
ceedings against his Advocates, and his
Remarks on his Conviction, 11 vol. 1063
(note). — Account of his Invasion of Scotland,
in concert with the Duke of Monmouth, in
1685, 10 vol. 1016. — Declarations published
by him on landing in Scotland, ibid. 103,2.
ARGYLE, Archibald, Marquis of.—- Proceed-
ings in Scotland against him for High
Treason, 12 and 13 Car. 2, 1661, 5 vol.
1369. — Laing's Account of these Proceed-
ings, ibid. ib. (note). — Charge exhibited to
the Parliament of Scotland against him, ibid.
1369. — His Answer thereto, ibid. 1394. —
Indictment for Treason exhibited against
him by the Lord Advocate, ibid. 1405. — His
Petition to the Parliament of Scotland,
claiming Precognition of his Case, ibid.
1419. — His Speech in his own Defence, ibid.
1422. — His submission, ibid. 1434. — ^His
Defences to . the Indictment, ibid. 1438.-^
Bishop Burnet's Account of these Proceed-
ings, ibid. 1500. — He is found Guilty, and
sentenced to be beheaded, ibid. 1504.—
His Conduct at the place of Execution, ibid.
1505. — Laing's Character of him, ibid.
1508 (note).— Lord Clarendon's Character
of him, ibid. 1509.
ARLINGTON, Henry Bennett, Earl of. —
Proceedings in the House of Commons
against him, 25 Car. 2, 1674, 6 vol. 1053. —
Articles of Complaint against him, ibid,
}Q54«-^Ha requests to be heard by th^
THE STATE TRIALS.
House> ibid. i057.— His Speech in the
House, ibid. ib. — Questions put to him by
the House, with his Answers, ibid. 1061. —
The Resolution moved against him is nega-
tived, ibid. 1062. — Buraet's Account of him,
ibid. 307 (note).
ARMSTRONG, Sir Thomas.— Proceedings
against him in the King's Bench, upon an
Outlawry for High Treason, 36 Car, 2,
1684, 10 vol. 105. — He is brought to the
King's Bench Bar by Habeas Corpus, ibid.
ib. — ^He claims the benefit of the Stat. 6
Edward 6, and desires to be tried, ibid. 110.
— ^The Court decide, that he is not entitled
to the benefit of that Statute, as he did not
voluntarily surrender, ibid. 111.— The Court
refuse to bear Counsel upon the point, ibid. ib.
— ^The Rule for Execution granted, ibid. 112.
— ^His Wife applies for a Writ of Error, ibid.
119. — His Execution, ibid. 115. — His Con-
versation with Dr. Tennison, at the place of
£zecution,l 3 vol. 432. — The Paper delivered
by him to the Sheriff, at the place of Exe-
cution, ibid. 122. — The Proceedings con-
demned in Parliament, after the Revolution,
and 5,000/. is voted to be paid to his Wife
and Children by his Judges and Prosecutors,
ibid. 1 16. — Sir John Hawles's Remarks upon
these Proceedings, ibid. 123. — Mr. Erskine's
allusion to Jefferies's conduct in this Case,
in his Defence of Hardy, 24 vol. 944.
ARNOLD, Edward.— His Trial at the Surrey
Assizes for maliciously shooting at Lord
Onslow, 10 Geo. 1, 1724, 16 vol. egS.—The
Indictment, ibid. ib. — He pleads Not Guilty,
ibid. 696. — His Counsel apply to the Court
to permit the Solicitor to assist the Prisoner
in calling his Witnesses, ibid. 697. — ^The
Court refuse the Application, ibid. 698. —
Speeches of the Counsel for the Prosecution,
ibid. 699. — Evidence for the Prosecution,
ibid. 702. — ^Witnesses called by the Pri-
soner, to prove his Insanity, ibid. 717. —
Reply of the Counsel for the Prosecution,
ibid. 745. — Evidence in reply, ibid. 751. —
Mr. Justice Tracy's Charge to the Jury, ibid.
754. — He is found Guilty, and sentenced to
Death, but is respited at the intercession of
Lord Onslow, ibid. 766.
ARUNDEL, Philip Howard, Earl of.— His
Trial for High Treason, in conspiring with
Parsons, and other Papists, against Queen
Elizabeth, 31 Eliz. 1589, 1 vol. 1249.—
Henry, Earl of Derby, created Lord High
Steward, ibid. 1259.— He pleads Not Guilty,
ibid. 1253. — He is found Guilty, and sen-
tenced to Death, ibid. 1258. — He dies in the
Tower, ibid. 1259.— Account of his Trial,
from Kennett's Complete History, ibid. ib.
ARUNDEL, Richard, Earl of. See Gloucester,
Thomas^ Duke of.
ARUNDEL, Thomas Howard, Earl of*— Is
Lord High Steward, on the Trial of Thomas,
Eail of Strafford, 3 vol. 1417.
ARUNDEL, of Wardour, Henry, Lord. See
Stafford^ William, Viscount.
ASHBY and WHITE.— Proceedings in Parlia-
ment, and in tlie Queen's Bench, in this
Case, 2 and 3 Anne, 1704-1705, 14 vol.
695.— *-Recordof the Judgmentin the Queen's
Bench, ibid. 697.— Judgment was given for
the Defendants, in the Queen's Bench, by
three Judges, against Holt, C. J., ibid. 779-
—The Judgment of the Queen's Bench re-
versed in Error in the House of Lords, ibid,
ib. — Debates in the House of Commons upon
the question raised by this case, whether an
" action lies at Common Law by an Elector,
whose vote has been refused at an Election
for Members of Parliament, ibid. 696.— Sir
Thomas Powis's Argument for the negative,
ibid. 712.— Sir John Hawles's Argument tor
theaffirmative, ibid. 724.— Resolutions of the
House of Commons, asserting an original
and exclusive right in themselves to deter-
mine all matters relating to the Election of
their own Members, ibid. 776.— They resolve
that Ashby is Guilty of a Breach of Privilege,
in prosecuting the Action, ibid. 778.— Pro-
ceedings in the House of Lords on these
Resolutions of the House of Commons, ibid,
ib.— Report of the Committee of the Lords,
appointed to draw up the State of the Case
upon the Writ of Error, ibid, ib.— Reasons of
the Lords for reversing the Judgment of the
Queen's Bench, ibid. 781.— The Defendants'
Case on the Writ of Error, as drawn up by
their Counsel, ibid. 779 (note).— Resolutions
of the House of Lords upon the Proceedings
in the House of Commons, ibid. 799. — Exe-
cution is taken out upon the Judgment in
this case, and other similar Actions are
brought, ibid. 800.— Proceedings in the
House of Commons respecting them, ibid,
ib.— The Plaintiffs in those Actions are voted
Guilty of a Breach of Privilege and sent to
Newgate, ibid. 804.— Their Petitions to the
House of Lords, and Orders of that House
thereupon, ibid. 811.— Proceedings in the
Queen's Bench, upon a Habeas Corpus
brought by the Aylesbury Men, ibid. 849.—
Arguments of Counsel on that occasion, ibid.
850.— The Judges of the Queen's Bench desire
the Assistance of the other Judges, who are
all of opinion, excepting Holt, C. J., that the
Prisoners ought to be remanded, ibid, ib.—
The Counsel, who pleaded in the Queen's
Bench on the return of the Habeas Corpus,
ordered by the House of Commons to be taken
into the custody of the Serjeant at Arms, for
a Breach of Privilege, ibid. 807.— Writs of
Habeas Corpus, issued to the Serjeant at
Arms, requiring him to brihg them before
the Lord Keeper, ibid. 830.— Resolutions of
the House thereon, ibid. ib. — Conference be-
tween the two Houses of Parliament, on occa-
sion of these Proceedings, ibid. 1813. — Free
Conference on the same Subject, ibid. 831. —
Representation and Address of the Lords to
the Queen,, on occasion of the commitment of
6
6£MI;ttAt tNDEX to
the I^laliittffs in the Actions, ibid. 861.—
The Queen's Answer, ibid. 8T8.-^The Par-
liament is prorogued, ibid. 879. — Some
Arguments used by the House of Lords Xo
maintain their own Resolutions in tiiis Case,
ibid. ib. — Reference to Books and Pam-
phlets in which the Points in this Case are
discussed, ibid. 695 (note).
ASHLEY, Sir Francis, Serjeant at Law. — His
Argument on behalf of the King, and against
the Arguments of the Commons, at a con-
ference of the Lords and Commons, respect-
ing the Liberty of the Subject, 3 vol. 148. —
He is committed by the House of Lords, fol
his Speech on that occasion, ibid. 151.
ASHLEY, James. See Simons, Henry,
ASHTON, John. See Graham, Sir Richard.
ASK, Richard. See Constable, Sir Robert.
ATKINS, Edward, Counse1.--He was of
counsel for Prynr.e, on the Proceedings in
the Star-Chamber against him, for writing
Histrio-mastix, 3 vol. 564.
, Serjeant at Law, 3 vol.
763.
ATKINS, Sir Edward, Judge of C. P. during
the Protectorate.— Ha was one of the Com-
missioners for the Trial of the Portuguese
Ambassador, Don Pantaleon Sa, 6 vol.
466.
there should b^ twd Witnesiies to ev^ry
Overt Act, ibid. 1528.
ATKYNS, Sir Robert, Judge of C. P. 30 Car. 2 .
—7 vol. 99, 249, 261, 424, 601, 734, 831,
12 vol. 656, 833, 1244.— His Argument in
the Case of Barnardiston against Soames, 6
vol. 1074.— His Argument for Sir Wm. Wil-
liams, on an Information in the King's
Bench against him, for publishing Danger-
field's Narrative, 13 vol. 1380.
Knight of the Bath.-
His Defense of Lord Wm. Russell's Inno-
cency, 9 vol. 719. — His Discourse concern-
ing Ecclesiastical Jurisdiction in England,
occasioned by the Ecclesiastical Commission
of James 2nd, 11 vol. 1148 (note). — His
Inquiry into the Dispensing power, ibid.
1200.
■ ■ ■ , Baron of the Exchequer,
12 Car. 2^ 6 vol. 769, 879. — He was one of
the Judges, to whom the Special Commission
for the Trial of the Regicides was directed,
5 vol. 986.
ATKINS, Samuel.— His Account of his Ex-
amination before a Committee of Lords,
appointed to investigate, the Murder of Sir
Edmondbury Godfrey, 6 vol. 1473. — His
Trial at the Bar of the King's Bench, for
being accessary to that Murder, 31 Car. 2,
1679, 7 vol. 231. — Indictment against him,
ibid, ib.— He pleads Not Guilty, ibid. 232.
The Court offer to dischi^rge him on Bail till
the Sessions, ibid. 233. — The Attorney-
General's Speech for the Prosecution, ibid.
237. — Evidence against him, ibid. 238. —
His Defence, ibid. 245. — Evidence for him,
ibid* 246.— He is acquitted, ibid. 249.
ATKINS, William.— His Trial at Stafford
for High Treason, under Stat. 27 Eliz. c. 2.,
for coming, as a Seminary Priest, into Eng-
land, and remaining there, 31 Car. 2, 1679,
7 vol. 725. — He is found Guilty, and sen-
tenced, ibid. 730.
ATKYNS, Edward, Baron of the Exchequer,
32 Car. 2. — His Charge to the Jiiry on the
Trial of Thomas Thwing, and Mary Pres-
sicks, for Treason, 7 vol. 1179. — His Speech
on delivering his Opinion in the House of
Lords, on the Trial of Lord Stafford, that it
was unnecessary, in cases of Treason, that
Chief Baron of the
Exchequer, 2 Will, and Mary, 12 vol, 656,
833, 1244.
ATTERBURY, Francis, Bishop of Rochester.
— Proceedings in Parliament against him,
John Plunkett,and George Kelly, alias John-
son, upon Bills of Pains and Penalties for a
treasonable Conspiracy to restore the Pre-
tender, 9 Geo. 1, 1723, 16 vol. 323.— Com-
mittee of the House of Commons appointed
to take Examinations of several persons in
the Tower respecting the Conspiracy, ibid,
ib. — Report of the Committee, ibid. 325.
— ^The House resolve to bring in Bills of
Pains and Penalties against them, ibid. 425.
— The House of Commons refer the Report
of the Committee to the House of Lords,
ibid. 427. — Minutes of the progress of the
Bills through the House of Commons, ibid«
428. — Proceedings in the House of Lords,
ibid. 438. — Report of the Committee of
Lords, ibid. ib. — Proceedings respecting
the Bill against Plunkett, ibid. 460.— The
Bill, of Pains and Penalties against him,
ibid. 468. — Proceedings respecting the Bill
against Kelly, ibid. 469.— The Bill of Pains
and Penalties against him, ibid* 476. — His
Speech at the Bar of the House of Lords,
ibid. 477. — Proceedings respecting the Bill
against Bishop Atterbury, ibid. 490. — Sir
C. Phipps*s Speech in his Defence, ibid.
498.— Serjeant Wynne's Speech in his De-
fence, ibid. 516. — ^The Bishop's Counsel
produce Evidence against the Bill» ibid.
570. — Sir C. Phipps recapitulates the Evi-
dence, ibid. 573. — The Bishop's Speech in
his own Defence, ibid. 585. — Reply of the
Counsel for the Bill, ibid. 607.— The Bill is
passed, ibid. 640. — Bill of Pains and Penal-
ties against Bishop Atterbury, ibid. 644. —
The Bishop quits the Kingdom, ibid. 646. —
Speech of Dr. Willis, Bishop of Salisbury,
in favour of the Bill against Atterbury, ibid,
ib. — ^The Duke of Wharton's Speech against
it, ibid. 664. — Remarkable Anecdote re-
specting the Duke of Wharton*s Speech on
this occasion, ibid. 693.
ftit g^ATE I'kfALS.
ATTWOdt>, William.— His Exatninatioh of
the Authorities quoted by Lord Chief Justice
Herbert^ m the Case of Sir Edward Hales,
upon the subject of the King's Dispensing
Pdwer^li yol.|1280.
AUDLEY, Mervin Lord.— His Trial in the
House of Lords for Rape and Sodomy, 7
Car. 1, 1631, 3 voL 401. — Points resolved
at a coosultatioh of the Judges ptevrous to
tbe Trial, ibid. 409. — ^Three Indictments
found against him, one for Rape on his
Wife, the tWo others for Sodomy with a
Man, ibid^ 401. — ^The Indictments, ibid.
406.— He pleads Ifot Guilty, ibid. 408.~
The Lord High Steward's Charge to the
Lords, ibid. ib« — The Attortiey Generars
Speech, ibid, ib.^— The Evidence against
lillil, ibid. 41(j.— His Defence, ibid. 415.—
Is fdtmd Guiity on all tbe Indictments, and
sentenced t6 be hanged, ibid. 416. — His
Execution, ibid. 417.'^He denies his guilt
on the scalTold, ibid. ib. — Confession of his
Servants at their Execution, ibid. 421. — If
he iiad Stood Inute upon the Indictment for
Rape he tvotild have entitled himself to the
benefit of Clergy as to that offence, 13 vol.
1032 (note).
AUDLEY, Sif Thomas, Lord Chancellor.—
He presides on the Commission for the Trial
0^ Sir Thomas More> I vol. 387.
AVONMORE, Lord. See Yelverton, Barry,
Lord*
AXTEL, Daniel, 5 vol. 971. See Regicides.
BABlNGTON, Anthony. — Indicted ^ith
Ghidiock Titchbume, Thomas Salisbury,
ftobert Bamewell, John Savage, Henry
I)own, and John Ballard, for High Treason,
in conspiring to kill the Queen, at the insti-
piion of the Papists, 28 Eliz., 1586, 1 vol.
1127.— They all plead Guilty, ibid. 1135.—
Babidgton*s Letter to the Queen after his
condemnation, ibid. 1140.— Their cfuel
Execution, ibid. 1158. — Mary Queen of
Scots accused of being privy to Babington's
Treason, ibid. 1173.— His Letter to Mary
Queen of Scots, ibid. 1174.
BACON, Sir Francis, Solicitor General.— His
Speech for the Prosecution on the Trial of
Lord Sanquire, for Murder, 3 vol. 750. —
His Argument in the House of Commons
in support of the Prerogative of the Crown
to impose Taxes without the interference of
Parliament, ibid. 395. — His Argument in
the Eiebequer Chamber as Counsel for
Calvin, in the Case of the Postnati, ibid.
- Attorney General. — His
Speech in the Star-chamber^ on the Prose-
cution of Mr. James Whitelocke, for giving
an opinion as Counsel against the King's
Prerogative, 2 vol. 706. — His Speech before
a Select Council, aaainst the Countesii of
Shrewsbtity, fot tefuslng to answer Questions
before the Privy Cottncil, ibid. 776.— fiis
Speech in the Star-chamber against Mr. St.
John, for publishing a Paper against Be-
nevolences, ibid. 902. — His Speech for the
Prosecution on the Trial of the Earl of
Somerset, for the Murder of Sir Thomas
Overbury, ibid. 909.-^Speech intended to
have been made by him on the Trial of the
Countess of Somerset for the same Murder,
ibid. 957. — His Speech in the Star-chamber
on opening the Cfharge against Sir Thomas
Hollis and others, for traducing public
Justice, ibid. 1021. — His Speech in the Star-
chamber in the Case of Duels, ibid. 1034. —
His Letters to James the First respecting
Peacham^s Case, ibid. 871. — He is said by
Home Tooke to have been the first Attorney
General who was permitted to sit in the
House of Commons^ 20 vol. 696.
BACON, Francis, Lord Verulam, Viscount St.
Albans^ Lord Chaneellor.-^His account of
the Proceedings against Sir William Stanley,
1 vol. 280. — His Speech on presenting the
Petition of Grievances to James 1st, 2 vol.
531.— Proceedings against bim for Bribery
and Corruption in the execution of his office
of Lord Chancellor, 18 and 19 Jac. 1, 1620,
ibid. 1087* — Report of the Committee of
tbe House of Commons, ibid. ib. — Second
Report of the Committee, ibid. 1090. —
Debate in the House of Commons, ibid.
1092. — Message from the King to the Com-
mons, recommending a Commission to ex-
amine the charge, ibid. 1094. — The charges
against Lord Ekcon opened at a Conference
between the Lords and Commons, ibid.
1097. — Particulars of the Charges against
him, ibid. llOl. — He sends ft general^ Sub-
mission to the Lords, ibid. 1102. — To which
they object, ibid. 1105^ — He sends a par-
ticular Confession of each of the Charges,
ibid. ib. — ^Judgment against him, ibid. 1112.
— His Letter to the King, praying a remis-
sion of the punishment, ibia. 1113 (note). —
The King pardons him, ibid. ib. — He dies
in great poterty, ibid. 1114,
BACON, Francis^ Judge of K. B.| 20 Car. 2,
4 vol. 666.
BAD BY, John, — Proceedings against him for
Heresy, 10 Hen. 4, 1409, 1 vol. 219* —
Articles of his Opinions, ibid. 220. — His
Answers to them, ibid. 223. — On his re-
fusing to recant he is declared a Heretic,
and delivered to the Secular Power, ibid.
225. — He is executed at Smithfield, ibid.ib.
BAILEY, Dr. Thomas.— Extracts from the
Life of John Fisher, Bishop of Rochester,
ascribed to him, 1 vol. 398. — This Life was,
in fact, written by Dr. Richard Hall| ibid.
397.
6AILLI£| David. — ^The Proceedings before
the Lords of the Council in Scotland against
bim,. for defamine the Duke of Queensberry
and the Marquis of AnandalC; 3 Anoe,
8
GENERAL INDEX TO
ir04, 14 vol. 1035.— His first Examination
before the Council, in which he charges the
Duke and Marquis with soliciting him to
depose against the Duke of Hamilton and
others, ibid. ib. — His second Examination
before the Council, ibid. 1036.— Written
Interrogatories delivered to him, with his
partial answers thereto, ibid. 1037. — Entries
from the Council Records at Edinburgh
respecting these Proceedings, ibid. 1040. —
TheJ-ibel,ibid. 1043.— His Answers thereto,
ibid. 1047.— Reply of the Queen's Advocate,
ibid. 1051.— The Lords of the Council find
the libel Proven, and pass Sentence upon
him, ibid. 1053.— The Sentence was not
carried into complete execution, ibid. 1056.
— ^Further particulars respecting this Case,
from Lord Fountainhall, and other Works,
ibid. 1055.— Letters alluded to in the Pro-
ceedingSy ibid. 1057.
BAILLIE,Robert,dff Jerviswood.— His Trial
at Edinburgh for High Treason, 36 Car. 2,
1684, 10 vol. 647.— The Indictment, ibid,
ib.— He pleads Not Guilty, ibid. 666.—
Evidence against him, ibid. 668. — His
Counsel object to the Evidence of one of
the Witnesses against him that he is Particeps
Criminis/ ibid, ib.— The Court overrule the
Objection, ibid . 671 .—The King's Advocate's
Address to the Inquest, ibid. 701. — He is
found Guilty, and executed, ibid. 709.— His
Dying Speech, ibid. 719.— Wodrow's Ac-
count of this Case, ibid. 711. — ^Wodrow's
Account of the Proceedings of the Council
against him some years before, ibid. 650
(note). — Burnet's Account of this Case, ibid.
647 (note). — Entries in Fountainhall's De-
cisions concerning it, ibid. 655 (note).
BAILLIE, CapUin Thomas.— His Memorial
to the Cojsimissioners and Governors of
Greenwich Hospital, respecting certain
abuses in the Hospital, 21 vol. 1.— His
Letter to Lord Sandwich, then First Lord of
the Admiralty, with his Memorial, ibid. 9. —
Proceedings in the Court of lying's Bench on
a Motion for a Criminal Information against
him, for a Libel contained in the Memorial,
18 Geo. 3, 1778, ibid. 10.— Mr. Bearcroft's
Speech on showing cause against the Rule
for a Criminal Information, ibid. 11. — Mr.
Peckham's Speech on the same side, ibid.
23. — Mr. Erskine's Speech on the same
side, ibid. 31. — Speech of the Solicitor
General in support of the Motion, ibid. 45.
—Mr. Newnham's Speech on the same side,
ibid. 57. — Mr. Macdonald's Speech on the
same side, ibid. 61. — Lord Mansfield delivers
the Judgment of the Court, discharging the
Rule with Costs, ibid. 66.— Captain BailUe's
Evidence before a Committee of the House
of Lords, upon an Enquiry into the abuses
at Greenwich Hospital, ibid. 76, 125, 128,
190, 216, 229, 234, 247, 251, 379.
]9A1RD|TK.oin«s. Se« M'Iare% Akxtaukr.
BALDWIN, Sir John, Chief Justice of C. P.,
26 Hen. 8, 1 vol. 398. r
BALDWIN, Sir Samuel, King's Serieant.-—
His Speech for the Prosecution, on the Xrial
of Ireland and others, for Treason, 7 vol.
85.
BALE, Sir John. See Hastings^ Henry.
BALLARD, John. See Bahhigtoth AfUhany.
BALMERINO, Arthur, Lord.— His Trial in
the House of liOrds for High Treason, m
being concerned in the Rebellion of ir45,
20 Geo. 2, 1746, 18 voL 441. — See Kilmar-
nock, WUliamy Earl of,
BALMERINO, John, Lord.— His Trial in
Scotland, for a libel, 10 Car. 1, 1634, 3 vol.
592.— Observations on this Prosecution,
from Laing's History of Scotland, ibid. ib.
(note).— The Indictment against him, ibid-
596.— The libel, ibid. 604.— Objections to
the relevancy of the Indictment by the
Defendant'sCoun8el,ibid.610.— AChallenge
of a juror for partiality admitted, ibid. 690.
— His Depositions before the Council, ibid.
694.— He is found Guilty by a plurality of
voices, and sentenced to death, out is par-
doned by the King, ibid. 712.— Conduct of
one of the Jurors, ibid. 594 (note).
BALMERINOTH, Lord.— His Trial for High
Treason at St. Andrew's, 7 Jac. 1, 1609,
2 vol. 721*— Tlie Jury find him Guilty, ibid.
724. — He receives a pardon, ibid. ib.
BAMBRIDGE, Thomas, Warden of the
Fleet,— Report of the Committee of the
House of Commons, appointed to inquire
into the state of Gaols, against him, 17 vol.
297. — Resolutions of the House thereupon,
ibid. 308. — The House resolve to address
the King to direct the Attorney General to
prosecute him, ibid. ib. — His Trial at the
Old Bailey, for the Murder of Robert Castell,
ibid. 383. — Evidence against him, ibid. 386.
— He is acquitted, ibid. 395. — Account of
the Proceedings in the King's Bench on an
Appeal brought against him and Richard
Corbett by Castelrs wife, ibid. ib. — ^Their
Trial on the Appeal, 4 Geo. 2, 1730, ibid.
397. — Speeches of the Counsel for the
Appellant, ibid. ib. — Evidence for the
Appellant, ibid. 403. — Serjeant Darnell's
Speech for the Appellees, ibid. 430. — Ser-
jeant Eyre's Speech for the Appellees, ibid.
433. — Evidence for the Appellees, ibid.
435. — Reply of the Appellant's Counsel,
ibid. 450.— CShief Justice Raymond's Charge
to the Jury, ibid. 452. — They are acquitted,
ibid. 462. — Proceedings in the King's Bench
on an application by him to be admitted to
Bail upon a charge of Felony, ibid. 563. — At
the Old Bailey Sessions the Recorder (Sir
William Tliompson), being a member of the
House of Commons, by ^rhom the Prosecu-
tion was ordered, refuses to try him,
ijbid, 565^— The Tri«A postponctd till th«
THE STATE TRIALS.
9
next Sessions, \vhen it is again pat off,
and the Prisoner is bailed, ibid. 571. — ^At
the following Sessions the Trial is still
further postponed, at the instance of the
King*s Counsel, and his bail are continued,
ibid. ib.—His Trial for Felony at the Old
Bailey Sessions, 3 Geo. 2, 1729, ibid. 581.
—Opening Speeches of the Counsel for the
Prosecution, ibid. 583. — Evidence for the
Prosecution, ibid. 589. — The Prisoner de-
cUdcs making any Defence, ibid. 611. —
Chief Justice Eyre's Charge to the Jury,
ibid. 612, — ^Tlie Jury acquit hiro, ibid. 617.
—Proceedings of a Committee of the House
of Commons respecting a Charge made
against Chief Justice Eyre, of having visited
and supplied him with Money while in
gaol, ibid. 619. See Huggim, John,
BANBURY, Charles, Lord. See Knowks,
Charles,
BANCROFT, Richard, Archbishop of Canter-
bury. — ^Articles of Complaint exhibited by
him, in the name of the Clergy, against the
Judges, 3 Jac. 1, 1605, 2 vol. 131.
BANGOR, John Warren, Bishop of.— -His
Trial at Shrewsbury, with Hugh Owen, John
Roberts, John Williams, and Thomas Jones,
for a Riot and Assault, 36 Geo. 3, 1790,
26 vol. 463. — ^Abstract of the Indictment,
ibid. ib. — Mr. Adam's Speech for the Prose-
cution, ibid. 464.— Evidence for the Prose-
cution, ibid. 479. — Mr. Erskine's Speech
for the Defendants, ibid. 506. —Mr. Justice
Heath's Charge to the Jury, ibid. 523.— The
Jury acquit all the Defendants, ibid. 528.
BANKES, Sir John, Attorney General.— His
Argument for the King in the Case of Ship
Money, 3 vol. 1014.— His Speech on the
Trial of Thomas Harrison, for insulting Mr.
Justice Hutton on the Bench, ibid. 1374.
BANNANTYNE, John. See Green, Thomas,
BARBOT, John.— His Trial in the Island of
St. Christopher for the Murder of Matthew
Mills, esq., by killing him in a Duel, 26
Geo. 3, 1753, 18 vol. 1229.— The Indict-
ment, ibid. ib. — He pleads Not Guilty, ,ibid.
1231. — Speech of the Solicitor General for
the Prosecution, ibid. 1235. — Evidence for
the Prosecution, ibid. 1248. — ^The Prisoner's
Defence, ibid. 1281* — Evidence for him,
ibid. 1284. — ^The Prisoner's Summing-up of
his Evidence, ibid. 1290. — Reply of the
Solicitor General, ibid. 1296. — Charge of
. the Court to the Jury, ibid. 1304.— -The
Jury find him Guilty, ibid. 1317. — Sentence
of Death is passed upon him, ibid. ib. — His
Address to the Court after his Sentence,
ibid. 1318.— He is executed, ibid. 1321. —
, Account of him, ibid. ib.
BARGENY, John, Lord. — Proceedings agaius 1
him in Scotland for Treason, 32 Car. 2,
1680, 11 vol. 65.— The Indictment, ibid,
ib.— Th« Privy Council order him to be set
at liberty on his giving surety for bis Appear-
ance, ibid. 74.
BARKER, Humphrey. See Sacheverell, Win,
BARKSTEAD, Colonel John, 5 vol. 971.
See Regicides,
BARNARD, William.— His Trial at the Old
Bailey for sending a threatening Letter, in
a fictitious name, to Charles, Dcdce of Marl-
borough, 31 Geo. 2, 1758, 19 vol. 815.—
The Indictment, ibid. ib. — ^Serjeant Davy's
. Speech for the Prosecution, ibid, ib.— Evi-
dence of the Duke for the Prosecution, ibid.
824. — Other Evidence for the Prosecution,
ibid. 830.— Evidence for the Defence, ibid.
833.— Serjeant Davy's Reply, ibidi 841.—
The Jury acquit the Prisoner, ibid. 846.
BARNARDISTON, Sir Samuel.— Proceedings
in an Action by him against Sir William
Soame, Sheriff of Suffolk, for a double Re-
turn to a Writ for the Election of a Member
of Parliament, 26 Car. 2, 1674, 6 vol. 1063.
—The Record, ibid, ib— A Writ of Error
is brought in the Exchequer Chamber, and
the Judgment in the Court of King's Bench
is reversed, ibid. 1070. — Reasons of Ellis
and Atkins, Justices, for their opinion that
the Judgment should be affirmed, ibid. ib. —
Chief Justice North's Argument that tlie
Judgment should be reversed, ibid. 1092.
— He brings a Writ of Error in the House
of Lords, ibid. 1117.— Roger North's His-
tory of the motives for this Writ of Error,
14 vol. 719 (note).— The Reversal is a^rmed
in the House of Lords, ibid. 1119. — ^The
Counsel who argued this Case for the De-
fendant in the Court of King's Bench were
afterwards made Judges, and decided the
Case in the Exchequer Chamber, 14 vol.
745.— His Trial for a scandalous and se-
ditious Libel, 36 Car. 2, 1684, 9 vol. 1333. —
The Indictment, ibid. 1336 (note).— Evi-
dence against him, ibid. 1341. — The Chief
Justice's Charge to the Jury, ibid. 1351. —
The Jury find him Guilty, ibid. 1358.-*Pro
ceedings on a Motion in arrest of Judgment,
ibid. 1357^ — Mr. Williams*s Speech in sup-
port of the Motion, ibid. 1358. — ^The Mo-
tion is refused, ibid. 1367. — He is sentenced
to pay a fine of 10,000/., ibid. 1369.— Mr.
Emlyn's Remark upon the extravagance of
this sentence, 1 vol. xxxvi.
BARNES, Henry. See Green, Thomas,
BARNEWELL, Robert. See Babington,
Anthony,.
BAROVERSE, Sir James. See BwUigh, Sir
Simon,
BARRINGTON, The Hon. Daines, Justice of
the Great Session of the County of Denbigh,
21 vol. 847.<— His Remark upon Lord Coke*s
Parliamentary Conduct,- 3 vol. 81 (note). —
His Observations upon the Punishment of
the Pillory, 7 vol. 1209 (noteX
BARTQN> £U«ahetb> the Holy Maid of KenU
Xo
OEi^AiiAL li^bSx t6
—4 ¥bl. 881 (flotfe), 1^83. See Fkfier, John,
Bithop of Bochester,
BASrWtCK, Dr. Johhi— Proceedings in the
Star Chaitiber against him for several Libels^
13 Car. 1, 1637, 3 vol.711. Sbq PtytinCy
WUUam,
BATEMAN^ Charles.—His Trial at the Old
Bailejr for High Treason, t Jac. 1, 1685,
11 tol. 467.— He pleads Not Ouil^, ibid.
469<— ^The Indictment, ibid* ib. — He is
found Guilty and executed, ibid. 474. — Sir
John Hawles's Remarks upon his Trial,
ibid^ 473.
fiAt£$, Johii.— The Great Case of Imposi-
tions, on ah Information in the Exchequer
against him, 4 Jac. 1, 1606, ^ vol. 3f I.
fiAtHtJftST, Charles.— Proceedings in the
Hoiise of Lords, and in the tlouse of Com-
mons on his Case, respecting the Right of
Judicature iii the latter, ^ Anne, 11^04| 14
vol. 889.
BATHURST, Henry, King's Counsel*— His
Speech for the Prosecution on the Trial of
Mary Blandy, for the Murder df her father,
18 ToL 1180«-^Hi8 Reply in the same Case,
ibid. 11684
fiATHtJRST, Henry, Earl, Lord Chancellor.
— He is appointed Lord High Steward on
the Trial of the Duchess of Kingston for
Bigamy, 20 voL 358.
BATTRAGH, Williata. See Chadwick, Thos.
Baxter, Richard.— HIs Trial at Guildhall
for a seditious Libel, 1 Jac. 2, 1685, 11 vol.
493.r-Tlie Information, ibid.ib. — Jefferies's
abusive treatment of his Counsel, ibid. 498.
— Account of this Trial, from Fox''s History,
ibid. 497 (note). — He is found Guilty, ibid.
502.-^The Court fine him 500/. and order
him to find security for seven years, ibid. ib.
bayard. Colonel Nicholas*— -His Trial in
ihe Province of New York for High Treason,
14 Wm. 3, 1702, 14 vol. 471.— His Com-
mitment by the Lieutenant Governor and
the Council, ibid. 473. — Special Com-
mission, to try him tod John Hutchins, ibid.
476«-^C6nduCt df the Court respeotmg the
Grand Jury, ibid. 477. — ^The Prisoners'
Counsel move to quash the Indictment,
eight of the nineteen Grand Jurors having
been against finding the Bill, ibid. 478. —
The Motion is refused, ibid. 486. — The In-
dictment, ibid. 482. — He pleads Not Guilty,
ibid. 483. — Evidence against him, ibid«
487**— Mr. Nicholas Defence of him, ibid.
495. — Mr. Emot's Speech for him, ibid. 498.
—The Jury find him Guilty, ibid. 505.— His
Counsel move in arrest of Judgment, ibid.
606. — ^Tbe Court [overrule the Objections,
ibid. 508, 515. — Sentence of Death is passed
upon him, ibid. 516. — His Attainder was
afterwards reversed, ibid. ib.
BAYKBSi Jobnj Serjeatit-6t-Lftw*--His l^peeeh
in Defence of Williflm Hales, oii his ¥tial
for Forgery, 17 vol. 190. — His Speech for
the Crown, in the Case of theQdo Warraiito
to try the rights of the Election of Freetaen
for the Port of Ne^ Romney, ibid. 825.
BAYNTON, Sarah. See Swendsen, Huagen,-^
Her Trial, with John Hartwell and John
Spurr, at the Queen's Befnch, for forcibly
carrying away Pleasant Rawlins, and pro-
curing her to be married to Haagen Swetid-
sen, 1 Anne, 1702, 14 vol. 597.— They plead
Not Guilty, ibid, ib.— The Counsel for the
Proseeution opefi the Case, ibid, ibj — -Evi-
dence against the Prisoners, ibid. 599. —
Their Defence^ ibid. 610. — Evidetiee ia
reply, ibid. 636.— Chief Justice Holt's
Charge to the Jury, ibid. ib.-i-Tl}e Jury find
Mrs* Baynton Guilty, but acquit HariweU
and Spurr, ihid. 630v — Judgment of the
Court upon Mrs. Baynton, ibid. 634. — tJpon
her statifig herself to be with child, a Jtify
of Matrons is impimelled, wlto return that
she is quick with child, ibid^ ib.-^Shd is
reprieved, ibid. ib<
BEARCROFT, Edward^ Counsel, 21 Tdl.
498, 22 vol. 183, 380, 791, 986, 24 vol. 338.
His Speech in the Court of King's Bench on
Shewing Cause against a Rule for a Criminal
Information against Captain Baillie, 21 toI.
11. — He is examined in the House of Lords
respecting a negotiation between Captain
Baillie and Lord Sandwich, for a compro-
mise, ibid. 408.— His Speech for the Prose-
cution on the Trial of the Dean of St.
Asaph, ibid. 885. — His Speech in Defence
of Bembridge, 22 vol. 49. — His Argument
in support of a Motion for a new Trial' in
Bembridge's Case, ibid. 77.
BEASLEY, Richard. See Mmenger, Fetet,
BEAUCHAMP, John. See Burleigh, Sir
Simon.
BEAUFORT, Henry, Bishop of Winchester
Proceedings against him for Treason, 4 Hen.
6, 1426, 1 vol. 267. — Articles of accusation
preferred against him in Parliament by
Humphrey, Duke of Gloucester, with his
Answers tnereto, ibid. 270. — He is acquitted,
ibid. ib.
BECKETT, Thomas.— Impleaded by John
Marshall, in the Archbishop^s Court, 9 Hen.
2, 1163, 1 vol. l.-^Mannall removes the
suit into the King's Court, and procures the
King's Writ, requiring Beckett to answer
there, ibid, ib.— Beckett sends an excuse,
ibid. 2. — Accused of Treason in the Council,
for not obeying the Kinsc's Writ, and con-
demned, ibid. 3. — His Disputes with the
King and Bishops thereupon, ibid. 5. —
Another s^ccount of his Trial, by Quad-
rilogus, ibid. 8.— He claims exemption
from secular authority, and appeals to the
Pope, ibid. 12.
BEDFORD, George Netille, Duke of.---His
THE STAfE TftlALS.
Degradation fr6m th6 t'eerage in the iteign
of Edward the 4th, ^i vol. 169.
BEDFORD, Earl of;-— Proceeding^ in the Star
Chamber, oh an Information against him,
the Earl of Clare, the Earl of Somerset, Sir
Robert Cotton, John Selden, Olirer St.
John, and others, for publishing a scandalous
and seditious Writing, 6 Car. 1, 1630, 3 vol.
387. — Opinion as to the cause of this Pro-
secution, ibid. ib. (note). — ^The Writing, ibid.
389. — ^The Proceedings put an end to by
the King, ibid. 397.--The Earl of Bedford's
Answer to the Information, ibid. 398.
BEDLE, Edward. See Mestenger, Peter,
BEDLOW, William. — His Examinations,
taken before a Committee of I/ords, appoint-
ed to inquire into the Murder of Sir Ed-
mondbury Godfrey, 6 vol. 1486. — His Ex-
amination concerning the Popish Plot, taken
at Bristol by Chief Justice North shortly before
his death, ibid. 1493. — His Evidence on the
Trial of Green and others, for the Murder
of Sir Edmondbury Godfrey, 7 vol. 1 79. — His
Evidence on the Trial of Samuel Atkins for
being accessary to the Murder, ibid. 242. —
His Evidence on the Trial of Whitebread
and others for Treason, in being concerned
in the Popish Plot, ibid, 344,—His Evidence
on 'the Trial of Richard Langhorne, ibid.
436. — His Evidence on the Trial of Sir
George Wakeman, ibid. 631.
BEGG, John.— His Trial at Dublin for High
Treason in being concerned in the Irish
Itisurrection, under a Special Commission of
Oyer and Terminer, 43 Geo. 3, 1803, 28 vol.
849. — The Indictment, ibid, ib.— Evidence
for the Prosecution, ibid. 853. — Mr. Mac-
Nally's Speech in his Defence, ibid. 860. —
Evidence for the Prisoner, ibid. 864. — Mr.
BalFs Speech on summing up the Evidence
for the Prisoner, ibid. 868. — Reply of the
Solicitor General, ibid. 877-— The Jury find
him Guilty, ibid. 886.
BELKNAP, Sir Robert, Chief Justice of C. P.
— He is arrested for Treason, with Sir Roger
Fulthorp, Sir John Carey, Sir John Holt,
Sir William Burleigh, and John Locton, the
King's Serjeant, while sitting in their places
as Justices, 11 Ric. 2, 1388, 1 vol. 100.—
They are charged with giving false answers
to certain questions proposed to them by
Richard II. respecting the validity of the
Commission issued to Gloucester's Faction
by Act of the Parliament, ibid. 106. — Belk-
nap refuses to answer the Questions pro-
posed to him until obliged, by the Duke of
Ireland and the Earl of Suffolk to do so,
ibidil06 (note). — His Exclamation on setting
his Seal to the Answers, ibid. ib. — ^They are
impeached by the Commons for signing the
Answers, ibid. 119. — ^They plead that Ihey
did so by constraint, ibid. ib. — ^Judgment
is given against them to be drawn and
banged^ ibid. 120. — At the intercession of
11
certain Lords their lives are spared, and
they are banished for life to Ireland, ibkl.
ib.^ — ^Lord Chancellor Ellesmere, in his argu-
ment in the Case of the tostnati, says, that
Belknap was banished in coflsequenee of
the power of his enemies, and not the
greatness of his offence, 2 vol. 677. — Re-
marks upon ^this Case by Mr. St. John, in
his Speech in the House of Lords against
the Judges, for their conduct in the Case of
Ship Moneyi ibid< 1276.— See TresiU^n,
Robert.
BELLAMY, Jerome. See Abmgton^ EduxiH*
BELLASIS, John. See Stt^ord, William,
Viscount,
BELWOOD, Roger, Counsel, f toL 492,
833, 887, 1166.
BEMBRIDGE, Charles.— Proceedings on an
Information filed against him by the Attorney
General for a Misdemeanour, in fraudulently
concealing Items in the Accountu <»f the
Paymaster Getieral, 83 fc 24 G^o. 8, 1763,
22 vol. 1. — Extracts from the Minutes of
the Board of Treasury, telating to th^se
Proceedings, ibid, ib* — Opitiion Of the
Attorney and Solicitor General, advising the
Prosecution of Bembridge, ibid. 14.-^The
Information, ibid. 15. — Speech of the Solici-
tor General for the Prosecution, ibid. 29. —
Evidence for the Prosecution, ibid. 33.—
Mr. Bearcroft's Speech for the Defendant,
ibid. 49.— Evidence for the Defendant, ibid.
61.— Reply of the Solicitor General, ibid.
67. — Lord Mansfield's Charge to the Jury, '
ibid. 74 The Jury find him Guilty, ibid.
77. — Proceedings on a Motion for a New
Trial, and in Arrest of Judgment, ibid.ib. —
Mr. Bearcroft*9 Argument on that occasion,
ihidi ib.-^Mr. Scott's Argument on the
same side, ibid. 90. — Mr. Erskine*s Argu-
ment on the same side, ibid. 98. — Mr.
Adam's Argument on the same side, ibid.
112. — Argument of the Attorney General
against the Motion for a New Trial, ibid.
117. —Sir Thomas Davenport's Argument
on the same side, ibid. 126. — Mr. Cowper's
Argument on the same side^ ibid. 188* — Mr.
Bearcroft's Reply, ibid. 138.— The Court
refuse the Motion for a new Trial, and the
Motion in Arrest of Judgment, ibid. 150. —
Judgment of the Court upon him, ibid. 157.
BENBOW, John. See Derln/, Jamds SfarUeyy
Earl of.
BENNETT, Henry. See Arlington^ Earl of.
BENNETT, Sir John.— Proceedings in Par-
liament against him for Bribery and Cor-
ruption, 19 Jac. 1, 1621, 2 vol. 1145. —
Charges against hitn, ibid. 1146.
BENNETT) Ralph. See Saeheverellf WilHm.
BENYON, George. — Proceedings in Parlia-
ment against him for promoting a Petition
from the City of London against the Ordi«
12.
GENERAL INDEX TO
nance for the Militia, 18 Car. 1, 1642, 4 vol.
141. — Articles of Impeachment against
him, ibid. ib. — His Answer thereto, ibid.
149. — Sentence against him, ibid. 151.
fi£R£SFORD,Simonde,Kuight.— TheHouse
of Lords pass Judgment of death upon him,
at the suggestion of the King, for assisting
Roger Mortimer, £arl of March, in his
Treasons, 3 Edward 3, 1330, 1 vol. 54.—
Record of the Judgment in this Case, 12
vol. 1228. — ^Remarks upon this Case, 8 vol.
236 (note).
BERKELE, Thomas de. — Proceedings against
him for the Murder of Edward 2nd, 1 vol.
55.— Pleads Not Guilty, and puts himself
on the Country, ibid. 56. — Acquitted by
the Jury, ibid, ib.— His Case cited by Lord
Hale as the only instance he ever knew of
a Peer being tried by a Jury of the Country,
12 vol. 1219 (note).
BERKLEY, Robert, King's Seijeant.~His
■ Argument in the King's Bench, on the
l^turn of a Habeas Corpus sued out by
AVilliam Stroud and others, in favour of tlie
Validity of a commitment by certain Lords
ofthe Privy Council, 3 vol. 244.
BERKLEY, Sir Robert, Judge of K. B.—
3 vol. 844. — His Argument in the Exchequer
Chamber, in favour of Ship Money, 3 vol.
1087. — Articles of Impeachment against
him for his Judgment on that occasion, ibid.
1283.
BERNARDI, John, Major. — Proceedings
against him and several other persons for
being concerned in the Assassination Plot,
8 Will. 3, 1696, 13 vol. 759.— His Life and
' Adventures previous .to these Proceedings,
. ibid . ib.— Particulars of his first acq^iaintance
with Rookwood, ibid. 765.— A Reward is
offered for |his apprehension, ibid. 766. —
They are committed to Newgate, ibid. 767.—
They apPty ^^^ their discharge, at a Session of
Gaol Delivery, ibid. 768.— Several Acts of
Parliament are passed to authorize their im-
prisonment, ibid. 769, and (note). — Bernardi
petitions Queen Anne for his liberty, without
. success, ibid. 770.' — In the beginning of the
Reign of George tlie 1st he and the others
are brought into the Court of King's Bench
by Habeas Corpus, and remanded, ibid.
771. — Another Act of Parlianf\^nt is passed
to continue tlieir Imprisonment during the
King's pleasure, ibid. 772. — On the demise
of George the 1st they are again brought
into the Court of King's Bench by Habeas
Corpus and remanded, ibid. 773. — ^Another
Act of Parliament passed to continue their
Imprisonment, ibid. 774. — ^They petition
George the 2nd, ibid, ifc.— Bernardi s Peti-
tions, ibid. 776.— His Wife's Petition, ibid.
779. — He marries, and has 10 children
during his confinement, ibid. 785. — He dies
in Neweate at the age of 82, having been
> eonfined about 40 years ibid. 788.
BERRY, Henry.— See Greetiy Eohert.
BERRY, John.— See Macdamd, Stephen.
BERRY, Walter. — See Cdlender^ Jama
Thompson.
BERTIE, Vere, Baron of the Exchequer, 31
Car. 2, 7 vol. 261.
BERWICK, John.— His Trial for High Trea-
son, in being concerned in the Rebellion of
1745, 20 Geo. 2, 1746, 18 vol. 367.— He is
found Guilty, ibid. 369.— -And executed,
ibid. 370.
BEST, William Draper, Serjeant at Law, 30
vol., 966. — His Speech in tlie Court of Ad-
miralty, in Defence of William Macfarlane,
on his Trial for feloniously casting away the
Brig Adventure, 28 vol. 286. — ^His Speech
in Defence of Colonel Despard, on his Trial
for High Treason, ibid. 434.— He is one of
the Managers for the Commons on the Trial
of the Impeachment of Lord Melville, 29
vol. 606. — His Speech for the Prosecution,
on the Trial of John Hatchard, for a Libel,
32 vol. 685.
BETHEL, Slingsby. See Pilkington, Thomas. —
His Trial for an Assault on Robert Mason, and
. for slanderous words, 33 Car. 2, 1681, 8 vol.
747. — ^The Indictment,ibid. 748. — Evidence
against him, ibid..749. — His Defence, ibid.
762.— He is found Guilty, ibid. 758. —
Judgment is arrested on the Count for
.Slander, and he is fined five Marks for the
Assault, ibid.ib. — Dryden's Character of him,
ibid. 747 (note).
BINNS, John. See (XCoigly, James.— His
Trial at Warwick, for uttering seditious
words, 37 Geo. 3, 1797, 26 vol. 595.— The
Indictment, ibid, ib.— Mr. Perceval's Speech
for the Prosecution, ibid. 598. — Evidence for
the Prosecution, ibid. 602. — Mr. Romilly's
Speech for the Defendant, ibid. 609. — Evi-
dence for the Defendant, ibid. 622. — Mr.
Perceval's Reply, ibid. 643. — Mr. Justice
Ashhurst's Charge to the Jury, ibid. 649. —
The Jufjr acquit him, ibid. 652.
BIRD, James. — His Trial in Ireland, with
Roger Hamill, Casiroir Delahoyde, Patrick
Kenny, Bartholomew Walsh, Matthew Read,
and Patrick Tieman, for conspiring to raise
an Insurrection, 34 Geo. 3, 1794, 25 vol.749.
— ^The Indictment, ibid. ib. — Evidence for
the Prosecution, ibid. 751. — Mr. Curran's
Speech in Defence of Bird, Hamill, and
Delahoyde, ibid. 769. — Evidence for the
Defence, ibid. 755. — Mr. Justice Downes
charges^ the Jury, ibid. 781.— The Jury ac-
quit all the Prisoners, ibid. 784.
BLACK, David. — Proceedings against him
and James Paterson, in Scotland, for Sedi-
tion, and administering unlawful Oaths, 38
Geo. 3, 1798, 26 vol. 1179.— The Indict-
ment, ibid. ib. — Black's Declaration, ibid.
1184.-*Paterson's Declaration, ibid. 1186.
— Black is outlawed for not appearing,, ibid »
THE STATE TRIALS.
13
1187. — Paterson is found Guilty, and sen-
tenced to Transportation for five years^ ibid.
1190.
BLACKHEAD. See Spratt^ Dr. Thomas,
Bi^ufp of Rochester.
KLACKBURNE, Robert. See Bemardi, John,
BLACKMORE, Sir Richard.-— Observations
on his Style, 12 vol. 1299 (note). Extract
from his History of the Assassination Plot,
ibid. 1299.
BLACKMORE, Robert. See Leach, Ihyden.
BLACKSTONE, Sir William, Judge of C. P.
^His Judgment, in the Court of Common
Pleas, in the case of Brass Crosby, esq..
Lord Mayor of London, upon a commitment
by the House of Commons, 8 vol. 36. — Lord
£ilenborough*s Depreciation, and Lord Ers-
kine's Vindication, of the Authority of his
Commentaries, 20 vol. 798.
BLACKWOOD, Robert. See Lowrky William,
BLAGUE, William.— His Trial at the Old
• Bailey, for High Treason, in being concerned
in the Rye-House Plot, 35 Car. 2, 1683, 9
vol. 653.--The Indictment, ibid. 637.— He
is arraigned, with John Rouse, and pleads
Not Guilty, ibid. 638.— Evidence against
him, ibid. 654. — Jury acquit him, ibid. 666.
BLAIR, Sir Adam. — ^Proceedings in Parlia-
ment, against him and others, on an Im-
peachment of High Treason, for dispersing
a treasonable and seditious Paper, being a
Declaration of James the 2nd, 1 and 2 Wil-
liam and Mary, 1689—1690, 12 vol. 1207.
—The Declaration is read, ibid. 1209. —
Articles of Impeachment against them, ibid.
1213. — ^The Articles are carried up to the
House of Lords, ibid. 1217. — ^The Lords
resolve to proceed with tlie Impeachment,
ibid. 1230. — Answers to the Articles of Im-
peachment, ibid. 1231. —They are held to
bail by tiie House of Lords, ibid. 1234.
BLAIR, Alexander. — Proceedings on an Assize
of Error, against him and other Jurors, for a
false Verdict, in acquitting a person indicted
for Treason, 33 Car. 2, 1681, 11 vol. 75. —
The Indictment, ibid, ib.— Objections to the
Proceeding by the Advocates for the Pa-
nels, ibid. 84.— Evidence against them, ibid.
92. — ^Verdict of the Assize, ibid. 95. — Judg-
ment against them, ibid. 99. — Fountain-
hall's Account of this Proceeding, ibid. 100.
BLAKE, John. — He is Impeached, with
Thomas U8ke> of High Treason, for drawing
up the Questions to which Belknap and the
other Justices made answer, 11 Ric. 2, 1388,
1 vol. 120.— They plead that they were of
Counsel for the King, and what they did was
by his command, ibid. 121.— They are found
Guilty, and executed, ibid. ib.
BLANDY, Mary.— Her Trial at Oxford for
the Murder of her Father, 25 Geo. 2,;i752,
18 Tol 1U7* Th« ^^dictmeat, ibid, ib*-
She pleads Not Guilty, ibid. 11 19.-^Speeches
of the Counsel for the Prosecution, ibid.
1120. — Evidence for the Prosecution, ibid.
1135. — ^The Prisoner's Defence, ibid. 1163.
— Evidence for the Prisoner, ibid. 1164. —
Mr. Baron Legge's Charge to the Jury, ibid,
1 1 70.— The Jury find her Guilty, ibid. 1 187.
^-Sentence of death is passed upon her, ibid.
1188. — Account of her Conduct after Sen.*
tence was passed, ibid. 1189. — ^Her Execu-
tion, ibid. 1191. — Her Declaration at the
place of Execution, ibid. 1193.
BLENCOWE, Sir John, Judge of C. P. 4 Geo.
1. — His Opinion in favour of the King's
Prerogative, respecting the Marriage and
Education of the Royal Family, 15 vol.
1220.
BLUNT, Sir Christopher.—His Trial, with Sir
Charles Davis, Sir John Davis, Sir Gilly
Merrick, and Henry Cuffe, for High Treason,
43 Eliz. 1600, 1 vol. 1410.— The Indictment,
ibid. 1416. — They inquire whether they may
plead Not Guilty to a part, and confess tl^
residue, and are answered by the Court in
the negative, ibid. 1410, 1417. — They plead
Not Guilty, ibid, ib. — ^They are found Guilty,
ibid. 1412, 1446. — ^Their Speeches before
Judgment, ibid. 1447. — Chief Justice Pop-
ham's Address, on pronouncing Sentence
upon them, ibid. 1450. Sir C. Blunt and
Sir C. Davis are beheaded, but the rest are
executed at Tyburn, ibid. 1412. — ^Their
Speeches at the place of Execution, ibid. ib.
BOIG, James. See CargUl, Donald,
BOLEYN, Anne, Queen of Henry the Eighth.
— Her Trial, with her brother. Lord Roch-
ford, for Treason, 28 Henry 8, 1536, 1 vol.
409. — Observations on the different accounts
of these Trials, ibid, ib.— Account of the
Queen's Trial and Execution, from the Har-
Ician Manuscripts, ibid. ib. — Causes of the
King's dissatisfaction with her, ibid. 411. —
Her conduct upon her Arrest, ibid, 413.-—
Archbishop Cranmer's Letter to the King
on her behalf, ibid. 415.— She is arraigned
with the Lord Rochford, before their Peers,
ibid. 417.— They are both found Guilty, and
condemned to Death, ibid. 418. — Dispute
respecting the Queen's Sentence, ibid, ib.— •
Her Speech after her Condemnation, ibid.
424. — ^Alleged Pre-contract between her
and the Earl of Northumberland, ibid, ib.—
The Earl of Northumberland denies such
Pre-contract on his oath, ibid. 419, 426,
434. — ^The Marriage between the King and
Anne Boleyn declared null and void, ibid.
419. — The Queen's last Letter to the King,
ibid. 426. — Her Execution, ibid. 421. —
Various Opinions respecting her, ibid, ib.—
She was friendly to the Reformation, ibid.
428.
BOUNGBROKE, Henry, Lord Viscount.—
Proceedings in Parliament, on an Impeach-
ment and Act of Attainder against him, 1 and
2 Geo, 1, 1715, 15 Yol, 993,— Artides of Im^'
1
I
I
14
QENEJtAl4 INDEX TO
peachqaentf ibi4- 094.*-Act of Attainder |
passed, ibid. 1002. — He obtains a Pardon
m>m Georg[e the First, ibid. 1003. — An Act
of Parliament is passed^ enabling him to
hold Lands, ibid. 1004,
BOLRQN, Ilobert»-^Aecountof the Pamphlet
published by him in 1680, by order of the
Hqnse of Commons, entitled ** The Papist's
Bloody Oath of Secrecy, and Litany of In-
tercession for England ;" 7 vqI. 969 (note).
His Evidence against Sir Thomas Gascoigne,
on his Trial for High Treason, ibid. 970. —
His Evidence on the Trial of Thomas Tbwing,
and Mary Pfessicks, for High Treason, ibid.
1164.
BOLTON, John, See Crook, John,
BOLTON, Sir Richard .—Lord Chancellor of
Ireland, 16 Car. 1. See Jtatdiff^ Sir Oeorge*
BOND, OUver.-r-His Trial at Dublin, under a
Special Commission of Oyer and Terminer,
for High Treason, in being concerned in
the Irish Rebellion, 38 Geo. 3, 1798, 27
vol. 523. — ^The Indictment, ibid. 527. —
His Counsel move to postpone his Trial,
on the ground that Statements tending
to prejudice the Jury had appeared in the
Newspapers, and that ' a material Witness
vras absent, ibid. 531.^ — ^The Court refuse the
Motion, ibid. 534.-^The Attorney GeneraKs
Speech for the Prosecution, ibid. 536. — Evi-
dence for the Prosecution, ibid. 542. Mr.
Curraa's Speech in bis Defence, ibid. 574. —
Evidence for the Prisoner, ibid. 579. — Evi-
dence in Reply, for the Prosecution, ibid.
586. — Mr. Ponsonby's Speech, on summing
up the Evidence for the Prisoner, ibid. 588.
— Mr. Saurin's Reply for the Prosecution,
ibid. 594. — Mr. Justice Chamberlain's
Charge to the Jury, ibid. 602.— The Jury
find him Ouilty, ibid. 611,— Sentence is
passed upon him. — ibid, ib« — He receives
a conditional Pardon, ibid. 613.— Proceed-
ings against him in 1793 by the Irish House
of Xordsji for a Breach of Privilege, ibid, 523
(note),
BONIFACE, Archbishop of Canterbury.—
Articuii Cleri, or Articles of Grievances,
exhibited by him, on behalf of the Clergy of
England, in the reign of Henry the ard, 2
voLiai,
BONNER, Edmund, Bishop of London.— Pro-
ceedings against him for opposing the Re-
formation, 1 and 3 Edw. 6, 1547—1550,
1 vol. 631. -^Commissioners appointed by
the King, to swear him to his Renunciation
of the Pope, and his Obedience to the King,
ibid. ib.-*The Commissioners deliver certain
InjunctioBS and Homilies to him, which he
receives with a Protestation that he will ob.
MTVfl them, if they are not contrary to the law
of the Church, ibid. ib. — He renounces this
PffHeatation, ibid. 633.*-His Letter to the
Bishop of Westminster, with the Order of the
CorumII for the abolitiou of Candles, and
^)m» SftBtth CtnoiMiteiy ibid» 635.*«p-His
Letter to the same, with the Order f»r the
abolition of Images, ibid. 637, I^etter from
the King andCounciltohim, commanding the
abolition of Masses at St. Paul's, ibid. 643.
— His Letter to the Dean and Chapter of St.
Paul's therewith, ibid. -ib. — Letter from the
King and Council to him, charging him t9
be more diligent in the use of the Common-
Prayer Book within his Diocese, ibid. 647. —
His Letter to the Deanand Chapter of St.Paul's
thereupon, ibid. 648.— He is commanded
to preach at Paul's Cross on a particular
Sunday, and the heads of his Sermon are
prescribed to him, ibid. 649. — He disregards
this Injunction, and preaches in favour of
Popery, ibid. 653. — Bill of Complaint against
him, presented to the King by Hooper and
Latimer, ibid. ib. — Commission to Cranmer,
and others to examine him, ibid. 655.— His
behaviour before the Commissioners, ibid.
656.— Proceedings against him under the
Commission, ibid. 658. — Sentence of Depri-
vation passed upon him, ibid. 708.— He is
committed to Prison, ibid. 710. — He appeals
to the King, ibid. 712. — Restored to his
Dignities by Queen Mary, ibid. 713. — His
Conduct after his Restoration, ibid. ib. — His
unfeeling behaviour to Cranmer, ibid. 804,
809.
BONNJiT, Major Slede.^His Trial, with
several others, at theCourtof Vice-Admiralty,
at Charlestown, in South Carolina, for Piracy,
5 Geo. 1, 1718, 15 vol. 1231.— The Judge's
Charge to the Grand Jury, ibid. 1232.— The
Indictnient, ibid. 1241. — Bonnet escapes
from Prison, and the others are tried with-
out him, ibid. 1243. — ^Tlie Counsel for the
Prosecution open the Case, ibid. 1242. —
Evidence against them, ibid. 1249. — They
are found Guilty, ibid. 1256% — ^Trials of
other Prisoners belonging to the same Ship,
ibid. ib. — Sentence of death is passed upon
them,ibid. 1285. — Bonnet's Trial, ibid.1291.
Evidence against him, ibid. ib. — He is found
Guilty, ibid. 1297. — Sentence of death is
passed upon him, ibid. 1298.— He is exe-
cuted, ibid. 1302,
BOOTLE, Thomas, Counsel, 15 vol 1331.--
His Speech in Defence of Richard Francklin,
his Trial for publishing a seditious Libel^
17 vol. 654.
BOOTH, Benjamin. See Walker, Thomas.
BOROSKI, George. See Coningmorkf Charles
John, Count,
BOSGRAVE, James. See Camphn^ tldmmd.
BOTHWELL, James, Eari,— His Trial for the
Murder of Lord Darnley, 9 Eliz. 1567, 1
vol. 901. — Commission from Mary, Queen
of Scots, to try him, ibid. 903.— Summons
indorsed thereon, ibid. 904. — Indictment
against him, ibid. 905. — The Constable of
Scotland claims cognisance of the Cause^
ibid. ib. — ^Letter of Lord Lennox to Mary,
urging h«r mot to postpone the Trial; ibid.
TP5 PTATE T^IM**.
14
907.-r-4nQtHer ItCHer from J^ord I^npoz to
iki QMesQ} (Qh^rging Bothw^ll and oth^rs
with the Murder, ibid. 908.— Tbc Jyry
acquit him, ibid. 909.—- Bothwell offers to
prpve his innoGeiuie by single Combat, ibid.
910» — TheCliaUenge accepted, butBpthwell
makes no reply, ibid. 911. — liis Flight, Im-
pfisomaent, and Death, ibid, ib.—- Further
Account of the Tfial, with Observations upon
it and Bothwell, from Laing's History of
Scotlaad, ibid. ib.
BOUCHER, James.— Procei?dipg8 m the
House of Coqninpps and in ^p Hou§e of
liords relating to him, 9 APQe, 1704, 14
ToL 937. His Trial at thQ Queen's Bench
!Rar, for High Treason, ibifl, 983.— The jn-
dictraents, ibid* ib.— 984, ^ni 983 (notie).
lie pleads Guilty, ib^d, 985.T-TSentence of
deatn is passed uppn him, ibid. 96Q. — He is
r^priey^i ibid- 988,
BOWLAND, William. See Cavmagh, Michael
BOACTONwr-rMr.Selden say9, that the author-
ity of BractOQ is of slight or no moment for
direction in judgment of the law at the
present day, 3 vol. 277. — Bracton and Fleta
aiv» laid by Lord Holt, to be only ornaments
of the law, and not authorities, 14 vol. 33. —
Their authority asserted by some of the
Judges in their Arguments respecting the
King's Prerogative, in the Marriage and Edu-
cation of tlie royal ftimily, 15 vol. 1206, 1 215.
BBADBURN, Richard.— He pleads Guilty to
an Indictment for High Treason, in being
concerned ii) ^he Cato Street Plot, 1 Geo. 4,
1820, 33 vol. 1544. — He receives a Pardon,
on condition of being transported for life,
ibid. 1566.
BRADDON, Lawrence.— His Trial with Hugh
Speke, for conspiring tq suborn Evidence,
apd spreading false Reports, that the Earl of
Essex was murdered by his Keepers, 36
Car. 2, 1684, 9 vol. 1127. — ^The Information,
ibid. ib. and 1129 (note). — The King's
Counsel open the Case, ibid. 1130. — Evi-
dence for the Prosecution, ibid. 1132. — The
Defence, ibid. 1165. — Evidence for the De-
fence, ibid. 1167. — Jefferies's intemperate
behaviour towards their Counsel, ibid. 1177.
— Evidence in reply for the Prosecution,
ibid. 1198.— The Chief Justice's Charge to
the Jury, ibid. 1205, — ^The Jury find Braddon
Guilty generally, and Speke Guilty of all but
the Subornation, ibid. 1218. — ^Their Counsel
o^r to move in arrest of Judgment, but the
Court refuse to hear them, ibid. ib. — ^Their
Sentence, ibid. 1224. — Braddon's Vindica-
tion of the Earl of Essex from Burnet's
Charge of Self-Murder, ibid, 1229.
BRAD6HAW, Dearing. See Walters, Ro^
land.
BflADSHAW, Jame8.--His Trial for High
Tl^MW^ in l^iQg ^ftftpeiBed in thf Rebel-
lion of 1745, 20 Geo. 2, 1746, 18 voU 4X5.
— l^vidlSB^e ^%^inBt him, i))id.'Htt7»^His
Defence, ibid. 418^— He is found Quilty,
ibid. 421.— Account of hi|P, ibid* ib. — H§ is
executed;, ibid. 426.
BRADSjHAW, John, Serjeant at Law.— Is
assigned Counsel for John Lilburne, op his
application to the House of Lords against
the sentence of the Star-Chamber, 3 vol.
1347.^Is chosen President of the High
Coqrt q( Justice, for the Trial of Chadei tht
First, 4 vol. 1056. — His Speech on pasting
Sentence of Death upon CHarles the Fir^tty
ibid. 1008. — Js chosen President of the High
. Court pf Justice, for the Trial of James, Duke
of Hamilton, ibid. 1156.— His De^th, and
Whitelocke*s Account of him, ibid. 1)28
(note). — ^He refuses to tsJce out a qew Copi-
mission for his Office of Chief Justice of
Chester upqn Cromwell's Usurpation, 5 vol.
365 (note). — Lord Clarendon's Account of
him, ibid. 1344.— Milton's Character of him,
ibid. 1345. — He is attainted by Act of Par-
liament, after his death, and his body dldn-
terred and {langed, ibid. 1335.
BRAMBRE, Nieholai. See IVenlian, Itobert.
Appealed of High Treason, for forcibly re-
sisting the Commissioners appoint^ by
Parliament to order Public Amiirs, 11 Ric.
2, 1388, 1 vol. 99. — He gives security to
answer the Appeal, ibid* ib. — He 19 cc^l)e4
upon to answer to the Appeal, t)ut desires
time and Counsel, ibid. 114.— tWhigh (tre
refused, ibid. ib. — He offefn tq pvpve j)is In-
nocence by single Combat, ibid. ib. — ^The
Parliament decide that Battle does not lie in
an Appeal of Treason, ibid. 115. — He is
drt^wn and hanged, ibid. 118.
BRAMHALL, Dr. John, Bishop of Derry.
See BatcUff, Sir George.
BRAMSTONE, John, Serjeant at Law.--His
Argument in the Court of King's Bench
for Sir John Heveningham, on the return of
a Habeas Corpus, sued out by hi?D,
Sir Thomas Darnell, Sir John Corbet, Sir
Walter Earl, and Sir Edmund {tampdeo» in
order to determine the validity of their oom-
mitment, by the special command of Uie
King, 3 vol. 6.
BRAMSTONE, Sir John, Lord Chief Justice
of K. B , 3 vol. 716, 787, 813.— He was one
of the Judges who signed the Opinion in
favour of the Legality of Ship Money, 3 vol.
844. His Arguments in the Exchequer-
Chamber in favour of Ship«Mpney, ibid.
1243.
BRANDON, Gerard, Lord. See Gerwri of
Brandon^ Lord,
BRANDRETH, Jaremiah, alias John Coke,
alias the Nottingham Captain. — His Trial
for High Treason, in being ooneeraed in the
Luddite Insurrection, under a Special Con-
nissioD, at Derby, *7 Gee. 8. 18ir, 9% vol.
16
GENERAL INDEX TO
' toroey-Generars Spaech for the Prosecution,
ibid . 779. — Evidence for theCrown, ibid, 795.
— Mr. Cross's Speech for the Prisoner, ibid.
863. — Mr. Denman's Speech, on summing
up the Evidence for the Prisoner, • ibid. 884.
-*Iteplv of the Solicitor-General, ibid. 908.
— Chief Baron Richards's Charge to the Jury,
ibid. 926. — ^The Jury find the Prisoner Guilty,
ibid. 956.-— He is executed, ibid. 1394.
BRERETON, William. See ^brm, Henry;
Boleyuy Anne,
BREWSTER, Thouias.— His Trial with Simon
Dover, and Nathan Brooks, for a Misdemea-
nour, in publishing a Book called " Speeches
and Prayers of some of the late King's
Judges," and other seditious works, 15 Car.
2, 1663, 6 voL 513. — Indictments against
them, ibid. 517.— They all plead Not Guilty,
ibid.ib. — Evidence sigatnst Brewster, ibid.
541. — His Defence, ibid. 545. — Chief Jus-
tice Hyde's Charge to the Jury, ibid. 547.
He is tried upon a seoond indictment, ibid.
549.— Evidence against Dover, ibid. 554. —
His Defence, ibid. 558. — Chief Justice
Hyde's Charge to the Jury, ibid. ib. —
Evidence against Brooks, ibid. 559. — His
Defence, ibid. 562. — ^They are all found
Guilty, ibid. 563. — Sentence against them,
ibid. 564.
BRIDGMAN, Sir Orlando, Chief Baron of
the Exchequer. — He was one of the Judges
who met to consult upon the necessary
Proceedings for the Trial of the Regicides,
5 vol. 971. — His Charge to the Grand Jury
assembled under the Special Commission,
for the Trial of the Regicides, ibid. 988. —
His Charges to the Jury on the several Trials
of the Regicides, ibid. 1033, 1047, 1057,
1069, 1073, 1115, 1174, 1184, 1193, 1206.
— His Address to several of the convicted
Regicides, on passing Judgment upon them,
ibid. 1224.
-, Chief Justice of
C. P. 6 vol. 568, 769, 899.
BRIELLAT, Thomas.— His Trial at the
Clerkenwell Sessions for Seditious words,
34 Geo.* 3, 1793, 22 vol. 909.— Abstract of
the Indictment, ibid. ib. — Mr. Silvester's
Speech for the Prosecution, ibid. 91 3. — Evi-
dence for the Prosecution, ibid. 917. — Mr.
Felix Vaughan's Speech for the Defendant,
ibid. 929. — Evidence for the Defendant, ibid.
942.— Mr. Silvester's Reply, ibid. 946.— He
is found Guilty, ibid. 954.— The Sentence of
the Court, ibid. ib.
BRISTOL, George, Earl of. See Digby,
George, XorJ.— Proceedings in the House of
Conunons, respecting a Message alleged to
have been conveyed by him from Sir Richard
Temple to Charles the Second, 1 5 Car. 2, 1 663,
6 vol. 283. — His Speech in his justification in
the House of Commons, ibid. 285. — ^Resolu-
tions of the House on that occasion, ibid.
292t H9 charges liord Clarendon with Hi([h
Treason, ibid. 3044— Lord Clarendon's Re*
marks on his Character, 4 vol. 133 (note), 6
vol. 304 (note).
BRISTOL, John, Earl of. See Buckingham,
George^ Dvke o/l— -Proceedings in Parliament
against him for High Crimes and Misde-t
meanours, 2 Car. 1, 1626, 2 vol. 1267. — ^His
Correspondence with Lord Conway, ibid.
1274.— Petitions the House of Lords, to
mediate with the King to summon him to
ParUament, ibid. 1276.— The King'i Letter
to him thereupon, ibid. 1277. — He is supi-
moned to Parliament, but receives a Com*-
mand from the King not to attend, ibid. ib.
— ^He petitions the House of Lords there«
upon, ibidi ib.— The King desires the House
of Lords to proceed against him, ibid. 1280.
— ^Articles of Impeachment against him. ibid,
1281.— His Defence, ibid. 1294.— He is
allowed Counsel to plead for him, though
the King remonstrates against it, ibid; 1298
— 99, 1379. — His Answer to the charges
against him, ibid. 1386.— The Parliament is
abruptly dissolved, ibid. 1446.
BRISTOW. See Campion, Edmund.
BRITTON, Richard. See Denew, Nathaniel.
BROADFOOT, Alexander.— His Trial at
Bristol before Mr. Serjeant Foster, Recorder,
for Murder, in killing one of a Press-gang,
18 vol. 1323. — ^The Recorder directs the
Jury to convict him of Manslaughter only,
the Press-gang having exceeded their author-
ity, ibid. 1324. — ^The Recorder's Argument,
on giving his opinion, in this case, on the
legality of Impressing Mariners, ibid. 1 326.
See Pressing Seamen,
BRODERICK, John, Counsel.— His Speech
for the Prosecution, on the Trial of Richard
Hathaway, for a Misdemeanour, in fraudu-
lently pretending to be bewitched, 14 vol.
643. — His Argument for the Defendant, in
arrest of Judgment, in Tutchin's Case, ibid.
1151.
BRODWAY, Giles. See Fitzpatrick, Lau^
rence,
BROMLEY, Sir Edward, Baron of the Ex-
chequer, 4 Car. 1, 3 vol. 359.
BROMLEY, Sir Thomas. — Chief Justice
of K. B. — He presides at the Trial of Sir
Nicholas Throckmorton, 1 Mary, 1 vol. 869,
', Lord Chancellor, 27
Eliz. 1 vol. 1114, 1166.
BROMMICH, Andrew.— His Trial at Stafford
for High Treason, under the Stat. 27 Eliz. c.
2, for coming as a Seminary Priest into
England, and remaining there, 31 Car. 2,
1679, 7 vol. 715. — ^Indictment against him,
to which he pleads Not Guilty, ioid. 721.-^
Evidence against him, ibid. 722.— He is
found Guilty, -and sentenced to death, ibid,
726
THE STATE TRIALS.
17
BROOKE, George. See Markham, Sir Griffin.
BROOKESBY, Bartholomew. See Markkam,
Sir Gr^fiann
BROOKES, Nathan. See Brewster^ Thomus.
BROUGHAM, Henry, Counsel.— His Speech
in Defence of the Editors of the Examiner,
for a Libel, 31 vol. 380. — His Speech in
Defence of Drakard, the Editor of the Stam-
ford T^ews, for the publication of the same
Libei, ibid. 509.
BROWNE, Gunter. See Thanet^ Sackville,
Earl of.
BROWNE, Samuel, Counsel. — He sums up
the Charge against Archbishop Laud, on his
Impeachment in the House of Lords, 4 vol.
576. — He replies to the Archbishop's
Answer, ibid. 596.
• — '• ' ^-^, Jiidge of a P'. 18 Car. 2,
6 voU 769.
BRUCKUE, John* See Green, Thomas.
BRUNT, John Thomas.~His Trial at the Old
.Bailey under a Special Commission, for
High Treason, in being concerned in the
Cato-Street Conspiracy, 1 Geo. 4, 1820, 33
▼ol. 1177.— The Indictment, ibid. 697.—
Speech of the Attorney General for the Pro-
secution, ibid. 1181. — Evidence for the
Prosecution, ibid. 1195. — Mr. Curwood*s
Speech for the Prisoner, ibid. 1256. — Mr.
Adolphus's Speech for the Prisoner, ibid.
1272. — Reply of the Solicitor-General, ibid.
1293. — Chief Baron Richards's Charge to
the Jury, ibid. 1305. — ^The Jury find him
Guilty, ibid. 1335. — His Speech on being
called upon for Judgment, ibid. 1554. — ^He
is executed, ibid. 1566.
BUCCLEUGH, James, Duke of. SeeJion-
mouthy James, Duke of,
BUCKINGHAM, Edward Stafford, Duke of,
Hereditary High Constable of England. —
His Trial for High Treason, 13 Hen. 8, 1522,
1 vol. 287. — Reference to Historians, who
give an Account of this Trial, ibid. ib. — Sum-
mary of the Charges against him, ibid. 289,
293. — He is tried by his Peers before the Duke
of Norfolk, Lord High Steward, ibid. 2^1,
296. — He is found Guilty, and sentenced to
Death, ibid. 291, 296. — ^He is beheaded, ibid.
291, 297.— His Degradation from the Order
of the Garter, ibid. 297.— By his Attainder
the Office of High Constable reverted to the
. Crown, and has ever since remained dormant,
ibid. 298.
BUCKINGHAM, George Villiers, Duke of.
See Bristol, Earl of. — Omway, Lord. —
Proceedings in Parliament against him for
High Crimes and Misdemeanours, 2 Car. 1,
1626, 2 vol. 1267.— Sir Robert Cotton's
Speech in the House of Commons against
him, ibid. ib. — ^The public feeling much
excited against him, ibid. 1272. — Lord
Bristol petitions the House of Lords to be
VOL, XXXIV.
heard in accusation of him, ibid. 1277. —
The Commons resolve to proceedtagainsthim,
ibid. 1280. — ^The House of Lords resolve to
hear Lord BristoFs Charge against him, ibid.
. 1281. — Articles of Impeachment preferred
by Lord Bristol against him, ibid. 1287. —
The King desires the House of Lords not
to imprison him, ibid. 1293. — Ahicles of
Impeachment against him by the Commons,
ibid. 1307. — Speeches of the Managers of
the House of Commons, enforcing the
Articles of Impeachment, ibid. 1321. — ^Two
of the Managers of the House of Commons
committed to the Tower by the King, ibid.
1371. — ^The King's Speech in his favour,
ibid. 1372. — His Answer to the Articles of
Impeachment, ibid. 1422. — ^The Parliament
is abruptly dissolved, ibid. 1446. — Further
proceedings against him in a subsequent
Parliament, ibid. 1447, — HowelPs Letter of
Advice to him, ibid. 1448.< — Archbishop
Abbot's Account of his first Promotion, ibid.
1478.
BUCKINGHAM, George Villiers, Duke ^f.
— Proceedings in the House of Commons
against him, 25 Car. 2, 1674, 6 vol. 1033. —
He desires to be heard by the House, ibid.
1038. — His Speech to the House of Com-
mons, ibid. 1039. — -Debate thereon, ibid.
1040. — Questions put by the House to him,
with his Answers, ibid. 1048. — Debate
on his Answers, ibid. 1050. — ^The House
resolve to address the King to remove him
from his Employments and from his Coun-
cils for ever, ibid. 1054. — Burnet's Account
of him, ibid. 1033 (note). — Dryden and
Pope*s Account of him, ibid. 1034 (note).
BULLER, Francis, Counsel, 20 vol. 660,
1240,1319. — His Argument for the Plain-
tiff in Error, in the Case of Fabrigas v.
Mostyn, 20 vol. 194. — His Reply in the
same Case, ibid. 220.
, Judge of K. B. 21 vol.
687. — ^His Charge to the Jury on the Trial
of Delamotte for High Treason, 21 vol. 808 .
BULLER, Sir Francis, Bart. Judge of C. P.—
He was one of the Judges who sat, under the
Special Commission, on the Trial of Hardy
and others, for High Treason, in 1794, 24 voL
221, 238. — His Charge to the Grand Jury,
. assembled under the Special Commission at
Maidstone, for the Trial of O'Coigly and
others for High Treason, 26 vol. 1192, — His
Charge to the Jury in that Case, 27 vol. 125.
— His [Address to O'Coigly on passing
Sentence of Death upon him; ibid. 139.
BULMBR, Sir John. See Constable^ Sir
Robert.
BURDETT, Sir Francis, Bart.— Reports of a
Committee of the House of Commons, ap-
pointed to investigate the legality of Pro-
ceedings against him, for denying the power
of that House to commit the people of Eng*
land, 8 vol. 14.
c
19
GENERAL INPEX TO
BUEGH, Hubert de. Earl of Kent.— Artiqles
of Accusationagainstbim by Henry the Third,
with his Answers thereto, 1 vol. 1 3.— Matthew
Paris says, that he satisfactorily proved his
innocence ; but, to appease the Kin^^ he
was adjudged to surrender to the King four
of his Castles, ibid. 22.
BURKE, £dmund.*"His Opinions on the
question of Reform in Parliament, as quoted
by Mr. Erskine, in his Speech for Hardy. —
24 vol. 918.— His Chai*acter of Charles the
Second, 8 vol. 970.
BURLEIGH, Sir William. See Belknap, Sir
Mobert.
BURLEIGH, Sir Simon. See Tresilian, Sir
JRoberL^Ue is impeached by the Commons,
with John de Beauchamp^ James Baroverse,
and John Salisbury, of Treason, 11 Ric. 2,
1388, 1 vol. 121.— They are condemned and
executed, ibid. 122, 123.— The Duke of
Gloucester and others impeached for their
conduct in the Prosecution of Sir Simon
Burleigh, ibid. t28.
BURN, James. See Greeny Thomas,
BURNET, Dr. Gilbert, Bishop of Salisbury.—
Proceedings against him in Scotland for
High Treason, 3 Jac. 2, 1687, 11 vol. 1103.
^-^Criminal Letters against him, ibid. ib. —
His Answer thereto, ibid. 1114. — His Second
Citation, ibid. 1118. — Fountainhall and
Wodroiv*8 Notices of these Proceedings, ibid.
1103 (note). — His Account of various Trials
and Attainders in the Reign of Henry the
Eighth, for OflTences relating principally to
Religion, 1 vol. 469.-*-His Account of the
Duke of Lauderdale*s Character, 6 vol. 1025
(note).— His Narrative of the Circumstances
attending the Disappearance and Death of Sir
EdmondburyGodfrey,6 vol. 1410. —His Cha-
racter of Titus Gates, ibid. 1407. — His Ac-
count of the Proceedings against Lord Cla-
rendon, ibid. 317. — Of the Fire of London,
ibid. 807.— Of the Transaction out of which
the Impeachment of Sir William Penn arose,
ibid. 869 (note).— Of the Popish Plot, ibid.
1405.— Of the Rye-House Plot, 9 vol. 491.
•^Of the Trial and Execution of Lord
William Russell, ibid. 505, 511.— His Evi-
dence on behalf of Lord Russel, ibid. 622.
—His Account of Algernon Sidney's Trial,
ibid. 514. — Of the death of the Earl of Essex,
ibid. 504. — Braddon's Charge of Misrepre-
sentation against his Account of the Deatb of
theEarl pf Essex, ibid. 1 229.— Of Chief Justice
Jefferies, and of his Excesses on the Wes-
tern Circuit after Monmouth's Rebellion,
ibid. 936 (note), 10 vol. 555 (note). — His
Evidence on Hampden's Trial, 9 vol. 1091 . —
His Remarks on Dr. Oliver PlunkettU Case,
8 vol. 447 (note).— His Account of the Pro«
ceedings against the Earl of Argyle, in Scot-
land, ibid. 843 (note).— Of the Proceedings
against Hackston and Cargill, 10 vol. 850
(note).— Of the Trials of Charnock, King, and
Keyes, 1% vol, 1377 (note).-p.Hi« Account of
the Causes which led to Harley's Reiinsm^ae
from Administration in the Reign of Queen
Anne, 14 vol. 1371 (noie).— His Character of
Lord Holt, 1 5 vol . 1 4 (note).— His Account of
the Proceedings against Dr. Sacheverell, ibid.
7 (note).— His Reasons for voting in the
House of Lords in favour of the 3ill ef
Attainder against Sir John Fenwick, 1 3 vol.
751.
BURNETT, Mr., Advocate^His Speech for
the Prosecution on tlie Trial of Fyshe Palnjer,
for Sedition, 23 vol. 331.
BURTON, Henry. See Prynne, William^
BURY, John.— Account of his Case, beinfr ^
question respecting the validity of a second
Marriage, under which there was Issue^
the first Marriage having been dissolved »4>n
account of Impotence, 2 vol. 849, 850 (note).
— ^The second Marriage was adjudged void^
ibid. 850.
BURY, Sir Thomas, Baron of the DcohecjuwPy
9 Ann. 15 vol. 547.
^ Lord Chief Baron of the
Exchequer. — He delivers his Opinion in
favour of the Prerogative of the Crown,
respecting the Education and Marriage of ^e
Royal Family, 15 vol. 122l»
BUSBY, George.— His Trial at Derby for
High Treason, under the Stat. 27 Eliz. c. 2,
for remaining within the Realm, being a
Romish Priest, 32 Car, 2, 1681, 8 vol. 525.
— ^The Indictment, ibid. 626.—He pleads
Not Guilty, ibid. 527.— Evidence against
him, ibid. 529. — He contends that he is an
Alien, but is referred to the Stat. 29 Car.
2, c. 6. for the Naturalization of the Children
of British Subjects^ born out of the Realm,
during the Commonwealth, ibid, 534.«--Hie
Defence, ibid. 544.^ Baron Street's Charge
to the Jury, ibid. 547.-^ He is found Guilty^
but is reprieved, ibid. 550.
BUSHELL, Edward.— He is fined 40 Marks,
as one of the Jury who find the Verdict
against the direction of the Court in the
Case of Penn and Mead, and ordered to be
imprisoned until the Fine is paid, 6 vol. 967.
—Chief Justice Vaughan's Report of the
Proceedings upon a Habeas Corpus sued
out of the Court of Common Pleas by him
and other Juroni, 22 Car. 2, 1670, ibid. 909.
— ^The Court discharge them, ibid. 1020;—
Mr. Ersktne's Observations on diis Case, in
his Speeeh lor the Dean of St. Asaph, 21 vol.
925.
BU8HNELL, Walter.«-Pioceedings of the
Commissioners, appointed bv Cromwell for
ejecting scandalous and insufficient Ministers,
against him, 8 Car. 1, 1656, 5 vol. 633.—
Articles against him, ibid. 636* — His Ansijrer
thereto, ibid. 640.
SUTLER, Cbi^i, OmaA^ma Em&ida*
tivA b^fgvQ « CiHBniited of ibe H^uie of
THE STATE TRIALS,
19
Lordly appoioted to inquire into the Chsir^es
made by Captain Baillie pf Misniana|(en)ent
in the Affairs of Greenwich Hospital, 21
vol. 340.
BUTLER, alias Strickland, Mary.— Her Trial
at the Old Bailey for Forgery, 11 William
3, 1699, 13 vol. 1249.— The Indictment,
ibid, ib.— She pleads Not Guilty, ibid. 1260.
—Serjeant Wright opens the Case for the
Prosecution, ibid. 1251, — Evidence against
her, ibid. 1^53. — Evidence in her Defence
as to her Character, ibid. 1269.-^ Lord
Holt charges the Jury, Ibid. 1261. — She is
found Guilty, and sentenced to pay a Fine
of 500/.. ibid. 1262.
BUTTLER, Edward, See Newbolt, Willutm.
BYRNE, James.— His Trial at Dublin under
a Special Commission of Oyer and Terminer,
for High Treason in being concerned in the
Irish Insurrection^ 43 Geo. 3, 1803, 28 to).
805. — The Indictment, ibid. ib. — Evidence
for the Prosecution, ibid. 810.^ — Mr. Hac-
Nally*s Speech in his Defence, ibid. 815.
— Evidence for the Prisoner, ibid. 822. —
Mr. Bairs Speech on summing-up the
Evidence for the Prisoner, ibid. 831. —
Reply of the Solicitor General, ibid. 838. —
The Jury find him Guiliy^ ibid. 849.— He is
executed, ibid. 850.
BYRNE, William.—His Trial by a Court
Martial in Ireland, for Rebellion and Murder,
39 Geo. 3, 27 vol. 1077. — Evidence against
him, ibid. 1078. — Evidence for him, ibid.
1101. — His Speecli in his Defence, ibid.
1109. — The Courl convict him of Rebellion,
but acquit him of Murder, ibid. 1123. — He
is sentenced to Death, ibid. 1124,
BYRNE, William Michael.—His Trial at
Dublin for High Treason, in being con*
cerned in the Irish Rebellion, 38 Geo. 3,
I 1798, (27 vol. 455. — ^The Indictment, ibid.
jb.—Tbe Attorney GeneraPs Speech for the
Prosecution, ibid. 460.— Evidence for the
Prosecution> ibid. 462. — Mr. Curran's Speech
iu Defence of the Prisoner, ibid. 491. — Evi-
dence for the Defence, ibid. 496.«^Mr.
Bashe's Speech on summing-up the Evidence
for the Prisoners, ibid. 504. — ^The Reply,
ibid. ^06* — The Charge to the Jury, ibid.
508.— The Jury ^nd him Guilty, ibid. 521.
— Sentence is passed upon him, and he is
executed, ibid. 522.
BYRON, Wiilianh I/ord— Ills trial before
the House of JUords, for the Murder of
William Chaworth, esq. 5 Geo. 3^ 1T65,
19 vol. 1177. — Commission creating the
Earl of Northin^ton Lord High Steward,
ibid. 1178. — Certiorari and Return thereto,
containing the IndictmenL ibid. 1179. — The
Lord High Steward's Address to him, on
being brought to the Bar, ibid. 1182. — He
pleads Not Guilty, ibid. 1183.— The Attor-
ney Ganeral's Speecb for the Prosecution,
ibid. ib.-^Evidi^c^ for the prpsecutioj?, ibid.
%^9>9jrrffSi% SoUsitgr Qeparal s^^gm Ǥ the
Evidence for the Prosecution, ibid. 1224.
— Lord Pyron's Defence, ibid. 1227. — ^f he
Lords acquit him of Murder, but find bim
Guilty of Manslagghter, ibid. 1233.— He
claims the benefit of the Statute, and is dis-
charged, ibid. 1235.
CALDERON, Luisa. See Pidon, Sir T/m.
CALLENDER, Jamea Thompton.— Proceed*
ings in the High Court of Justiciary,
against him, Walter Berry, and James
Robertson, for publishing a seditious Pam«
phlet, 33 Geo. 3, 1793, 23 vol. 79.--The
Indictment, ibid. 81.~-Callender is out-
lawed for not appearing to answer, ibid. 83.
— Second Indictment against Berry and
Robertson, ibid. 84- — Interlocutor of Rele-
vancy, ibid, 88. — ^The Jury find that Robert-
son printed and published, and that Berry
published only, the Pamphlet libelled, ibid.
00. — Argument of the |Hiners Counsel that
the Verdict amounts to an Acquittal, ibid.
91. — Argument of the King's Advocate ou
the other side, ibid. 95. — Reply of the
Panel's Counsel, ibid. 103. — Judgment of
the Court that the Verdict amounts to a
Conviction, ibid. 113.*~Sentence of the
Court upon them, ibid. 114.
CALTHORPE, Charles, Counsel.— His Argu-
ment in the Court of King's Bench for Sir
John Corbet, on the Return of a Habeas
Corpus sued out by him, Sir Thomas Dar-
nell, Sir John Heveningham, Sir Walter
Earl, and Sir Edmund Hampden, in order
to try the legality of their Commitment by
the Lords of the Council for refusing to
lend upon the Commission of Loans, 3 Car*
1, 1627, 3 vol. 19. — His Argument for Mr.
Valentine, in the Court of King's Bench, in
support of his Plea to the Jurisdiction of
the Court to try an Information against him
for seditious Speeches and Conduct in the
House of Commons, 5 Car. 1, 1629, ibid.
299.
CALVERT, Doctor.— His Argument in the
House of Lords for the Duchess -of King-
ston, that the Sentence of the Ecclesiastical
Court, annulling her first Marriage, is a
conclusive Answer to the Cbai*ge of Bigamy
against her, 16 Geo. 3, 1776, SO vol. 417,
530.
CALVIN, Robert. SsB PottmU.
CAMBRIDGE^ Eari of. See Hamilton, JomeSi
Duke of.
CAMDEN, Charies, Lord, Chief Jn3tice of
C. P» See PraU, CharlcM,
CAMERON, Afigus.— Proceedings against
him and James Menzies, in Scotland, for
Sedition, Mobbing, and Rioting, 38 Geo. 3,
1798, 2.6 vol. tl65.-*-The Indictment, ibid.
Jb.-^CaBieron absconds, and the Lord Advo-
cate vitfadrawa the Prosecution a^inst
Meosief, ibid. 1173.-<-Tfaeir Declarations,
JWd. U74^
C2
20
GENERAL INDEX TO
CAMERON, Archibald, Dr — Proceedings
against him in the Court of King's Bench, on
his being brought up for Judgment ou an
Attainder for High Treason, in being con-
cerned in the Rebellion of 1745, 26 Geo.
3, 1753, 19 vol. 733.— Account of hiro,
ibid. ib. — ^Judgment given against him by
the Chief Justice, ibid. 736. — His Execution,
ibid. 738. — Papers delivered by him to his
. Wife immediately before his Execution, ibid .
739. — ^His Letter to his Son, written while
under Sentence of Death, ibid. 743. — Ac-
' count of his Behaviour previous to his Exe-
cution, ibid. 744. — IVIr, Justice Foster's
Account of his Case, ibid. 735.
CAMERON, Richard, Founder of the Sect
of Cameronians in Scotland. — Account of
bis Life and Death, 10 vol. 865 (note).
CAMPBELL V.HALL. See Grenada, Islandof.
' CAMPBELL, Alexander Hume, Counsel.—
His Argument for the Orown of the Special
Verdict in Macdaniel's Case, 19 vol. 779.
CAMPBELL, Colin, of Allangreig Proceed-
ings against him in Scotland for High
Treason, in being concerned in Argyle's
Rebellion, 1 Jac. 2, 1686, 13 vol. 800. —
Evidence against him, ibid. 801. — He is
found Guilty, ibid. 802.— The Sentence of
the Court upon him, ibid. 806. — Extracts
from Fountainhall and Wodrow respecting
these Proceedings, ibid. 787 (note).
CAMPBiXL, Duncan, the Younger, of Allan-
greig.---Proceedings against him in Scotland
for High Treason, in being concerned in
Areyle's Rebellion, 1 Jac. 2, 1686, 13 vol.
"jntence of the Court upon him, ibid.
806. — E5?Nracts from Fountainhall and
Wodrow respecting these Proceedings, ibid.
787 (note).
CAMPBELL, Sir Duncan. — Proceedings
against him, and other Heritors of the Shire
of Argyle in Scotland, for High Treason, in
being concerned in Argyle's Rebellion, 1
Jac. 2, 1686, 13 vol. 787.— The Evidence,
ibid. 795.— They are found Guilty and
sentenced to Death, ibid. 799,— Extracts
from Fountainhall and Wodrow respecting
this Case, ibid. 787 (note)..
CAMPBELL, Sir Hugh.-^Proceedi.ngs against
him in Scotland for Treason, 36 Car. 2,
1684, 10 vol. 919.— The Indictment, ibid.
924.— His Speech after the Indictment is
read, ibid. 931.— Debate on the Relevancy
of the Indictment, ibid. 932.— The Court
find the Indictment relevant, ibid. 961.— His
Counsel object to some of the Witnesses,
that they had previously revealed their testi-
mony to the King's Advocates, and had
admitted themselves to . be Accomplices
, ibid. 962. — ^The Court overrule the Objeo-
tion, ibid. 967.— ITie witnesses prove no
Treason against him, and he is acquitted,
ibid, M9,-^WQdrow'8 Accpwt Qf tb« Ev^^
deuce of the Witnesses, and of the conduct
of the Court towards them, ibid, ib.r— Pro-
ceedings against him in the Parliament of
Scotland, ibid. 972. — Fountainhairs Account
of this Case, ibid. 977.
CAMPION, Edmund.— His Trial with Ralph
Sherwin, James Bosgrave, Thomas Cottam,
Robert Johnson Bristow, Luke Kirbie,
and Henry Orton, for High Treason, in con-
spiring to kill the Queen, and introduce
Popery, 24 Eliz, 1581, 1 vol. 1049. — ^They
plead Not Guilty, ibid. 1050. — Campion
objects to being tried at the same time vfhh
the others, ibid. ib. — His Address to the
Jury, ibid. 1070.— They are all found Guilty,
and Sentence is passed upon them, ibid.
1071. — Account of Campion, ibid. 1072
(note). — Their Examinations previous to
their Trial, ibid. 1078.
CAMPMAN, George. See Hendley, WVHam.
CANNING, Elizabeth.— Her Evidence on the
Trial of Mary Squires and Susannah Wells,
for stealing from her person a Pair of Stays,
19 vol. 262.— Her Trial for Perjury in her
Evidence on that Trial, 27 Geo. 2, 1754,
ibid. 283.— The Indictment, ibid. 285.—
Mr. Davy's Speech for the Prosecution, ibid.
298.— Mr. Willes's Speech for the Prose- '
cution, ibid. 311.— Evidence for the Prose-
cution, ibid, 323.— Mr. Morton's Speech
for the Defendant, ibid. 431.— Mr. Nares's
Speech for the Defendant, ibid, 451. — Evi-
dence for the Defence, ibid. 467.— Mr.
Davy's Reply, ibid. 596— The Recorder's
Charge to the Jury, ibid. 633.— The Jury
return their Verdict, « Guilty of Perjury, but
not wilful and corrupt," but on the Recorder's
objecting to this Verdict, they find her Guilty
generally, ibid. 669.— Some of the Jurymen
make Affidavits that they consented to the
Verdict by mistake, ibid. ib. 675. — Her
Counsel move for a New Trial, which is
refused by (he Court, ibid. 672.-^ueries
proposed to Mr. Emlyn respecting this Case,
with his Answers thereto, ibid. 670 (note).
— ^The Recorder's Speech on passing Sen-
tence of Transportation for Seven years upon
her, ibid. 673. — She is transported pursuant
to the Sentence, ibid. 680.— She is said to
have died at Connecticut, in America* in
1773, ibid. 1418.
CAPEL, Arthur, Lord.— -Proceedings in Par-
liament against him and Eight other Lords,
for absenting themselves from the House of
Lords, -contrary to an Order of the House,
18 Car. 1, 1642, 4 vol, 1 76.— Sentence
agamst them, ibid. 184.— He is taken at
the Surrender of Colchester to Fairfax, ibid.
1207.— Proceedings in the High Court of
Justice against him, Lord Goring and Sir
John Owen, for High Treason, in being
taken in arms against the Parliament.
1 Car. 2, 1649, ibid. 1195.— He escapes
from the Tower, ibid. 1208, 1245.— He is dis-
covered at Lambetb by ^ Watermati, Ibid,
THE STATE TRIALS.
21
1209, 1246. — He pleads that Quarter was
given him upon the Surrender of Colchester,
ibid.1210.—- Sentence is pronounced against
him, ibid. 1216.-^His Execution, ibid. 1230.
—Bishop Morley's Account of the manner
of his Death, ibid. 1236. —Crom well's
Opinion of Lord Capet, ibid. 1246. — Lord
Clarendon's Character of him, ibid. 1249.
CAREW, John, 5 vol. 1004, 1048, 1237. See
R^icitkt,
CAREW, Sir Nicholas. — Attainted and exe-
cuted for Treason, 30 Hen. 8, 1 vol. 481.
CAREY, Sir John, Baron of the Exchequer,
11 Ric. 2. — See Belknap, Sir Robert
CARGILL, Donald.— His Trial with Walter
Smith, James Boig, William Thompson, and
William Coothill, at Edinburgh, for Treason,
in taking Arms for the Covei^ant, 33 Car. 2,
1681, 10 vol. 849.'^His Examination before
the Council, ibid. 859 (note). — ^The Indict-
ment, ibid. 850. — Evidence against them,
ibid. 883. — ^They are found Guilty, ibid.
890.— Their Sentence, ibid. 891.— Cargill's
Behaviour at the place of Execution, and
Dying Speech, ibid. ib« — Smith's Execution
and Dying Speech, ibid. 895. — Boig*s
Letter to his Brother after his Condemnation,
ibid. 900. — Thompson's Dying Speech, ibid.
902.— Coothiirs Dying Speech, ibid. 905. —
Cargill's Excommunication of the King and
other enemies of the Covenant, ibid. 872
(note).— Wodrow's Account of this Case,
ibid. 851 (note).
CARLETON, Lord, Chief Justice of C. P. in
Ireland. — His Charge to the Jury on the
Trial of Henry and John Sheares for Trea-
son, 27 vol. 385.
CARNEGIE, James, of Finhaven.— His Trial
at Edinburgh for the Murder of Charles,
Earl of Strathmore, 2 Geo. 2, 1728, 17 vol.
73.— The Indictment, ibid. ib. — Information
for the Pursuers, ibid. 75. — Information for
the Panel, ibid. 92.— The Court find the
Libel reletunt to infer the pains of Law, ibid.
134. — Evidence against him, ibid. 135. —
The Assize find him Not Guilty, ibid. 150.
CARNWARTH, Robert, Earl of. See JDer-
wntwater, James, Earl of,
CARR, Frances* See Somerset^ Frances,
Omiess of,
CARR, Henry.— His Trial for a Seditious
Libel, 32 Car. 2, 1680, 7 vol. 1111.— The In-
fonnation, ibid, ib.— He pleads Not Guilty,
ibid. lli4.—:SerjeantJefFeries opens the Case
against him, ibid. ib. — Evidence against him,
ibid.1115, — Sir Francis Winnington's Speech
in his Defence, ibid. 1 1 22.— Evidence for{him,
ibid, ib.— The Recorder's Reply, ibid. 1124.
^The Chief Justice's Charge to the Jury,
ibid. 1125.— The Jary find him Guilty, ibid.
1130.
CARR, Robert. ^iSmers^.Babtfi^Earlof.
CARRINGTGN, Nathan, 19 vol. 1029. See
Semtre of Fapers,
CARTE, Thomas:— Mr. Hargrave's Opinion
of his History of England, 2 vol. 380.
CARTER, Sir Lawrence, Baron of the Ex-
chequer, 2 Geo. 2, 17 vol. 161, 309.
CARTER, William. See Jackson, WUliam.
CARTWRIGHT, John, Major.— His Evidence
on Home Tooke's Trial for High Treason,
25 vol. 325.
CARTY, Patrick.— His Trial in Ireland for
conspiring to murder the Earl of Carhamp-
ton, 38 Geo. 3, 1797, 26 vol. 877.— The
Indictment, ibid. 839. — Evidence for the
Prosecution, ibid. 878.— Evidence for the
Prisoner, ibid. 895. — ^The Jury find him
Guilty, ibid. 900.— He receives Sentence of
Death, and is executed, ibid. ib.
CASSELLS, Robert. See Bemardi, John.
CASTLE, John. — His Evidence on his Exami-
nation in chief by Mr. Gumey, on Watson's
Trial for High Treason, in 1817, 32 vol.
214. — His Cross-examination by Mr.
Wetherell, ibid. 284.
CASTLEHAVEN, Mervin, Eari of. See
Audley^ Mervin, Lord.
CASTLEMAINE, Roger Palmer, Earl of.—
His Trial at the bar of the Court of King's
Bench for High Treason, 32 Car. 2, 1680,
7 vol. 1067. — Indictment against him, ibid,
ib.— The King's Counsel open the Case
against him, ibid. 1069. —Gates's Evidence
against him, ibid. 1070. — His Cross-exaoxi-
nation of Gates, ibid. 1074. — He objects to
the Evidence of Dangerfield, that he had
been convicted of Felony, ibid. 1082, — ^After
much discussion, and a message to require
the Opinion of the Judges of the Court of
Common Pleas, Dangerfield is sworn, ibid.
1090. — Lord Castlemaine's Defence, ibid.
1094. — He offers Evidence against Gates
and Dangerfield, ibid, ib.— The Attorney
Generars Reply, ibid. 1107.— The Chief
- Justice charges the Jury, ibid. 1108.— He is
acquitted, ibid. 1112. — He is examined as
a Witness on Gates's Trial for Perjury, 10
vol. 1175. — Proceedings in the House of
Commons against him for High Treason, in
going as an Ambassador to Rome, 1 Will,
and Mary, 1689, 12 vol. 597. — His Speech
in tlie House of Commons in his Defence,
ibid. 601. — He is conimitted to the Tower
by a Warrant of the House, ibid. 613. — He
is afterwards bailed in the Court of King's
Bench, ibid. 614. — Wei wood's Account of
his Embassy to Rome, ibid. 597 (note). —
Account of two Conversations between him
and Dr. Thomas Smith, ibid. 602 (note).
CATHARINE op ARRAGGN. See Henry
tht Sth.' — Proceedings relating to the Disso.<
lotion of the Marriage between her and
■ Henry the Eighth^ 1 v<oU299.— She refuses
lid
GiMiAL fl^DEX TO
' toenterupon aReligiott8life,ibid. 309.— Her
Behayiour at the Trial of her Marriage, ibid.
' 319.— She solicits the assistance of the
Emperor, and appeals to the Pope, ibid.
336-7. — The King's Behaviour towards her,
ibid. 351.-^He sends to urge her to submit
to the determination of four Temporal and
four Spiritual Lords, which she refuses^ ibid.
^ ib. — Sentence of Divorce pronounced against
her, ibid. 358.-— Her Marriage with the King
■ is declared void by Act of Parliament, ibid.
364. — Her Answers to the Messengers sent
- by the King to complain of her claiming the
Title of Queen, ibid. 365-6.— Her Death) and
Letter to the King, ibid. 368.
CATLIN, Sir Robert, Chief Justice of K. B.
14Elii.l vol. 957, 1043.
CAVE, Ambrose* See Waiters, BdwIotuL
CAVENAGH, Maurice. — His Trial with
Edmund Poor and William Bowland, for
stealing Cows in Ireland, 1 WilL and Mary,
1689, 1^ vol. 629.— Evidence against them,
ibid. ib. — Poor and Bowland are found
Guilty, but CaVenagh is acquitted, ibid.
630. — Sentence of Death is passed upon
Bowland and Poor, ibid. 632.
OELLIER, Elizabeth.— Her Trial for High
Treason, in being concerned in the Meal-
Tub Plot, 32 Car. 2, 1680, 7 vol. 1043.—
The Indittment, ibid. ib. — Evidence against
her, ibid. 1044. — She objects to the Evidence
of Dangerfleld, that he bad been convicted
of Felony, and other offences, ibid. 1049.—
His Evidence is set aside, ibid. 1052.— The
Jury acquit her, ibid. 1054.— Roger North's
Account of her, and of this Trial, ibid. 1064.
—Her Trial at the Old Bailey, in the same
year, for publishing a Scandalous and Sedi-
tious Libel, ibid. 1183.— The Indictment
ibid. ib/^The same in Latin, ibid. 1213.
• -^-Evidence against her, ibid. 1189.— Baron
Weston'* Charge to the Jury, ibid. 1203.
— Thtf July find her Guilty, ibid. 1208.
-^Her Sentence, ibid* ib.
CHADWICK, Thomas.— His Trial with Wil-
ham Battragh, for High Treason, in being
concerned in the Rebellion of 1745, 20 Geo.
2, .1746, 18 vol. 359.— Evidence ag.ainst
,fhem, ibid, ib.— The Jury find them Guilty,
ibid. 364.— Chadwick is executed, ibid. ib.
.r-Battragh is reprieved, ibid. 366.
CflAMBERS, James. See Bernardi, John.
CHAMBERS, Richard.— Proceedings against
him in the Star-Chamber for Seditious
Speeches before the Privy Coundl, 5 Car. l,
•1629, 3 vol. 373.— He is fined 2,000/; and or-
?dered tosabraithimself,ibid.375.— He refuses
to sign the Submission, ibid, ib.— His Fine is
. estr^ted into the Exchequeri ibid, 376.—
.His Plea in the Exchequer, that the Fine was
.imposed by the King and his Council, and
.not by^hii Peers, according to Law, ibid.
377.— The Attorney General moves the
Court that the Plea may not be filed,
ibid. 379. — He sues out a Habeas Corpus,
but is remanded, ibid. 380. — He after-
wards petitions the Long Pariiament for
redress, ibid, ib.— He dies in poverty, ibid.
383.
CHARLES THE FIRST, King of England.—
His Conduct in the Case of Lord Strafford,
3 vol. I512.-He impeaches Lord fcim-
bolton, and Five Members of the House of
Commons, 4 vol. 83,— He orders the Im-
peached Members to be delivered up to
him, ibid. 86. — He goes himself to the House
to demand them, ibid. 87.— His Speech to
the House on that Occasion, ibid. 90. — His
Trial for High Treason, before the High
Court of Justice, 24 Car. l, 1649, 4 vol.
989.— Sommaiy of the Debates in Parlia-
ment which led to this Trial, ibid, ib.— Lord
Clarendon's Account of the Debates in
Pariiament, ibid. 991.-^Act of Pariiatoent
creating the High Court of Justice i&t the
Trial of the King, ibid . 1 045.— Arrangements
for the conduct of the Trial, ibid. 1058.—
Singular Conduct of Lady Fairfax at the
commencement of the Trial, ibid. 1005,
1067 (note). — The Trial commences, and
the King is brought to the Bar, ibid, 993,
1069.— Mr. Cook, Solicitor for the Common-
wealth, opens the Charge against him, ibid.
995, 1070.— The Charge, ibid. 1070.— -The
King refuses to answer till he is satisfied of
the Authority of the Court, ibid. 995, 1073,
1074. — His Reasons against the Authority
of the Court, ibid. 1085.— Codt moves for
Judgment against the King upon his per-
sisting in his refusal to answer, ibid. 1094.
—Evidence produced against him, ibid.
1101. — The King desires to be heard in his
Defence before the Lords and Commons,
ibid. 1006.— This is refused by the Court,
ibid. 1007, 1126.— The Covrt resolve on
a Sentence of Condemnation, and that it
shall extend to Death, ibid. Ill 3.— The Lord
President's Speech in passing ilie Sentence
upon him, ibid. 1008.— The Sentence, ibid.
1118.— Brutal Conduct of the Soldiers on
his passing from the Court, ibid. 1128.— His
Interview with his Children immediately
before his Execution, ibid. 1130 {note)^-^
The Waixant for his Execution, ibid. 1133.
—His Cbnduct when going to the Sfcaffold,
ibid. 1132.~His Speech on the Scaffold,
ibid. 1137.— His Execution^ ibid; 1141.—
William Walker said to hate been thfe Exe-
cutioner/ 5 tol. 1155 (note),— His Character,
4 rol. 1144.— Mr. Fox's Remarks upon the
Justice and Policy of. the Execution of
Cbaries the First, ibid. 1145.— Anecdote re-
specting a Letter from Charies to hit Queen
intercepted by Cromwell and Ireton, ibid!
1 152»— Singular Account of his Burial^ 5 vol*
. 1339.— Remarks on the Eikon Baailike, ibid'
1154. /^
CHi^ES tiE SECOND, King of Enilana.
— Hjs unprincipled Conduct respecting Ee-
titE STATE Trials.
^
ligioB ddriDg the whole of his ReigD, 6 vol.
30d (note.) — Oppressive character of the
last Foor years of bis Reign, 8 vol. 242. —
His unfeeling Speech on the remission of
part of the Sentence against Lord William
Rassel, 9 vol. 684 ^note). — Doubts respect-
ing the authority on which this Anecdote
rests, ibid. 685 (note). — Differing Opiniofas
of t)r. Johnson and Mi*. JBurke on his Cha-
racter, ibid. 910 (note). — Mr. Burke's Cha-
iteief <yf him, ibid. 970.
CfiARLTON, Sir Job, Judge of C. P. ^5
Car. 2. — He was one of the Judges before
whom William, Lord Kussel was tried, 9
vol. 592.
CHAKN£LL, Nathaniel. Se€ AicheverelL
fniliam.
CHARNOGR, John. See Abington, JEdward.
CHA.RNOCK, ftobdrt and Anne; See Grey
de Werk, Ford, Urd.
CHARNOCK, Robert.--His Trial with Ed-
wai'd Ring and Thomas Keyes at the Old
Bailey for High Treason, in being con-
cerned in the Assassination Plot, 8 Will. 3,
^ 1696, 12 vol. 1377:— The Indictment, ibid.
1379, 1386. — Charriock rfequires a copy of
the Indictment and Counsel, which are re-
fused, ibid. 1381.— Th6y plead Not Guilty,
ibid. 1386; — Speeches of the King's Counsel
ibMhe I^rosecutidn, ibid. i391. — Evidence
for tbe Prosecution, ibid. 1 397. — Chamock*s
Defence, ibid. lii^Sf.—King's Defence, ibid.
1440.— Reyes's Defence, ibid. 1442.— Reply
of the Solicitor Oeneral, ibid. 1443.— Lord
Hdlt's Charge te the Jury, ibid; 1447.—
They are found Guilty, ibid. 1455. — Judg-
ment agaiiist thfem, ibid. 1461.— their Ene-
cutioii, ibid. ib.-i-Papei-s delivered by them
id thfe SherifF, ibid. 1462.— Burnet's Account
. of these Trials^ ibid. 1377 (note).
CHAWORTH, William; Bee B^m, William,
Xorir, 19 vdl. 1177.
CH£ETUAM> James. See Walker, Thomas.
GllESHtRE, Johta, Serjednt-at-Ldw, 15 vol.
1883, 16 Vol. 8, Ittol. 311.
CHfetWYND, William.— His Trial at the
. Old Bailey for the Murder of Mr. Thomas
Ricketts, by stabbing him with a knife at
School^ 17 Geo. 2, 1748, 18 vol* 289.— Evi-
dence for. the Prosecution, ibid. 291.— The
Counsel for the Prisoner contend that the
facts proved do not amount to Murder, ibid.
802. — Reply ai the Counsel for the Prose-
eption, ibid» 309. — The Jury find a Special
. Verdict at the suggestion of the Court, ibid.
815.— Case laid before Sir John Strange by
the friends of Mr. Ricketts, respecting the
bringing an Appeal if the Prisoner procured
a Pardon, . with his Opinion thereon, ibid.
317* — Chetwynd*8 Petition for a Pardon,
ibid. 820.— Report tff the Attorney and
- SoUcit|»r General upon the Petiticxi, ibid.
322««-The Pardon is granted, and be is
discharged upon pleading it, ibid. 326.--^l1ic
Court of King's Bench refuse to call upon
him for Bail for his appearance in an Appeal,
or for Good Behaviour, ibid. ib.
CHICHESTER, Thomas, Bishop of.— He is
impeached by the Commons -for urging the
Judges to give false Answers to the Questions
proposed to them by Richard the Second
respecting the legality of the Commission
to Gloucester's Faction, 11 Ric. 2, 1388, 1
vol. 121. — He is found Guilty by the Lords,
ibid. ib. — He is sentenced to Death, but on
accbiint of his Dignity is only banishedj ibid.
12d.
CLARE, Eari of. See Bedford, Earl of.
CLARE, Walter.— His Trial under a Special
Coindiissioii of Oyer and Teiminer at
Dublin for High Treason in being concerned
in tbe Irish Insurrection, 48 Geo. 3, 1803,
28 VOL 887.— The Indictment, ibid.ib.—
thrideiice for the Prosecution, ibid. 891. -~
Mr. Mac-Nally's Speech fdr the Prisoner,
ibid. 901. — Evidence for the Prisoner, ibid.
908. — Mr. Mac-Nally*s Speech on sutnming-
np the Evidence for the Prisoner, ibid. 914.
— Reply of the Solicitor General, ibid. 918.
—The Jury find him Guilty, ibid. 926.— He
is sentenced, but respited, ibid. ib.
CLARENCE, George, Duke of. Brother to
Edward the Fourth. — His Attainder for High
Treason, 18 Edw. 4, 1478, 1 vol. 275.— He is
said to have been stifled in a Butt of Malmsey,
ibid. ib. — He is accused by this Attainder
of falsely laying Bastardy to Edward 4th,
which was afterwards maintained by Richard,
Duke of Gloucester, to the disherison of the
King's sons, ibid. 276.
CLARENDON, Edward Hyde, Earl of. Lord
Chancellor. See Hyde, Edward. — Proceed-
ings in Parliament against him for High
Treason and other High Crimes and Misde-
meanours, 15 Car. 2, 1663, 6 vol. 294. —
Lord Bristol exhibits Articles against him
in the House of Lords, ibid. 304.^— Tbe
Judges deliver their Opinion that the Charges
in the Articles do not amount to Treason,
and that, by the Law of England, a Charge
of High Treason cannot be originally exm
hibited In the House of Lords by one Peer
agaitist another, ibid. 312. — ^The Judges
give their Reasons for their Opinion, ibid.
813. — Resolutions of the Lords upon the
Charge, ibid. 817. — Proceedings against
him upon an Impeachment of High Treason
and other Misdemeanours, 19 Car. 2, 1667,
ibid. ib. — Debate in the House of Commons
respecting his Impeachment, ibid. 323.— The
Comnons appoint a Committee to arrange
the Accusation into heads, and report to
the iioufte, ibid. 330; — The Committee
^deliver Articles of Accusation against him
to the House, ibid, ib.-— Debates thereon,
ibid. 334.— The Commons resolve to carir
up a Charge against him to the House of
1
24
GENERAL INDEX TO
Lords, ibid. 350.— Mr. Seymour carries up
the Charge to the Lords« ibid. ib. — Mr.
Seymour's Speech on delivering the Charge,
ibid. ib. 393. — The Articles exhibited against
him, ibid. 395. — The Lords refuse to commit
him on account of the generality of the
Charge, ibid. 351. — Debates of the Com-
mons thereupon, ibid. ib. — The Commons
desire a Conference with the Lords, and
Reasons are delivered for the generality of
the Charge, ibid. 356.— The Lords still
refuse to commit him until some special
Treason is assigned, ibid. 358. — Tlte Com-
mons desire a Free Conference on the
Matter, in which the'Lords concur, ibid. ib.
— Report of the Conference, ibid. 363.—
The Lords still refuse to commit him, ibid.
367.^Debates in the House of Commons
thereon, ibid, ib.— rLord Clarendon with-
draws beyond seas, ibid. 374.— His Petition
and Address to the House of Lords, ibid.
375. — Debates in the Commons upon this
Pietition, ibid. 380. — Tlie Lords pass a Bill
of Banishment against him, ibid. 385. — De-
bates in the Commons upon the Bill, ibid,
ib. — The Bill passes the Commons, ibid,
3dO. — ^The bill for banishing him, ibid. 391.
Protests against the Bill in the House of
Lords, ibid. 392. — His own Remarks on
these Proceedings, ibid, 393 (note). — His
Answers to the Charges seriatim, ibid. 397.
— Burnet's Account of these Proceedings
against Lord Clarendon, ibid. 317. — Anec-
dote related by Burnet of his averseness
to Corruption, ibid. 331 (note). — He is
appointed Lord High Steward on the Trial
of Lord Mori ey for Murder, 18 Car. 2, 1666,
ibid. 772. — His Character of Archbishop
Laud, 4 vol. 603 (note). — His Character of
Mr. Hampden, 3 vol. 825 (note). — His Ac-
count of the effect of the Proceedings of
Charles the First against the Five Members,
4 vol. 83 (note). — His Account of the De-
bates which led to the Trial of the King,
ibid. 991 (note). — His Account of the
Trials of the Duke of Hamilton, Lord Capel,
and others, before the High Court of Justice,
ibid. 1241. — His Character of Lord Capel,
ibid. 1248.— His Account of the effect of
the Judgment in favour of Ship-Money, 3
vol. 1254 (note).
CLARK, Robert, Baron of the Exchequer, 32
Eliz. 1 vol. 1277. — He was one of the .Tudges
who attended in the House of Lords on the
Trial of the Earls of Essex and Southamp-
ton, 43 Eiiz. 1600, 1 vol. 1334.— His Argu-
ment in the Great Case of Impositions, in
favour of the King's Prerogative of imposing
Taxes by the mere Act of the Crown, 4
Jac. 1, 1606, 2 vol. 382.
CLARK, William. See Markfaniy Sir Griffin.
CLARKE, William. See Gibbons, John.
CLEMENT, Gregory, 5 vol. 1004, 1283. See
Regicides.
CLEMENT, William In nel. — Proceedings
against him for a Contempt in publishing
the Trials of Thistlewood and others, con-
trary to an Order of the Court, 1 Geo. 4,
1820, 33 vol. 1335.— The Court impose a
Fine of 500/. upon him, ibid. 1565.
CLENCHE, Dr. Andrew. See Harrismt
Hejin/, Cole, John. — ^Trial of Henry Harrison
for his Murder, 4 Will, and Mary, 1692,
12 vol. 833.— Trial of John Cole for assist-
ing in the same Murder, ibid. 875.
CLERK, John, Advocate. — His Speech in de-
fence of Alexander Maclaren, on his Trial
in the High Court of Justiciary for Sedition,
33 vol. 73.
CLIFFORD, Henryy Counsel.— His Argu-
ment for Benjamin Flower in the Court of
King's Bench on the Return of a Habeas
Corpus upon his Commitment by the House
of Lords, 39 Geo. 3, 1799, 27 vol. 1025.—
His Vindication of the Character of his
Ancestor, Sir Thomaji Clififord, one of t|ie
Cabal Ministers, from an Aspersion of Lord
Kenyon's, ibid. 1065. — His Speedi in De-
fence of the Editors of the Independent Whig
for a Libel on Lord EUenborough, ibid. 1247.
CLIFFORD, Sir Thomas. He was one of the
Cabal Ministry, 27 vol. 1065. — ^Vindication
of his Character from an Aspersion of Lord
Kenyon's, ibid. ib.
CLONMELL, Eari of. Chief Justice of K. B.
in Ireland. — His Charge to the Jury on the
Trial of William Jackson for Treason, 25
vol. 870.— His Charge to the Jury on the
Trial of Thomas Kennedy for High Treason^
in being concerned in the Rebellion of the
Defenders, 26 vol. 383. — His Charge on the
Trial of Patrick Hart, for the same Treason,
ibid. 409. — His Address to the Grand Juries
assembled under the Special Commission for
the Trial of the Defenders in 1796, ibid. 425.
CLOPTON, Sir Walter, Chief Justice of K. B.
21 Ric..2,l vol.129.
CLOTWORTHY,SirJohn. See HoUis, DenzU.
COBBETT, William.— His Trial at West-
minster on an ex-officio Information for
Libels upon Lord Hardwicke, Lord Lieute-
nant, and other high Officers of Ireland, 44
Geo. 3, 1804, 29 vol. 1.— Counsel for the
Prosecution and for the Defendant, ibid. ib.
— ^The Information, ibid. 2. — Speech of the
Attorney General for the Prosecution, ibid.
21.— Evidence for the Prosecution, ibid. 36.
Mr. Adam's Speech in his Defence, ibid. 37.
—Lord Ellenborough's Charge to the Jury,
ibid . 49.— The Jury find the Defendant Guilty,
ibid. 54. — Trial of an Action brought against
him by Mr. Plunkelt, when Solicitor Gene-
ral for Ireland, for a Libel, 44 Geo. 3, 1804,
ibid. 53. — The Declaration, ibid.ib. — Coun-
sel for the Plaintiff and for the Defendant,
ibid, ib.— Mr. Erskine's Speech for the Pro-
secution, ibid. 61. — Evidence for the Prose-
cution, ibid. 69.— Mr. Adam's Speech for
the Defendant, ibid. 72. — Lord Ellen-
THE STATE TRIALS.
25
borougb's Charge to the Jury, ibid. 78.^ —
The Jury return a Verdict for the Plairitiff
with 500/. Damages, ibid. 80.
COBBY, John. See Jackson, William. -
COBHAM, Sir John. See Gloucester^ Thomas,
Dukev/. . -
COBHAM, Lord.— 'His Trial and Examina-
tion for Heresy before the Archbishop of
Canterbury, 1 Hen. 5. 1413, 1 vol.226. —
Application is made to the King for his Con-
currence before Proceedings are taken
against him, ibid. 227. — The King ad-
monishes him, and then gives Authority to
the Archbishop to proceed, ibid. ib.-^He
is cited, and excommunicated for Contumacy
in not appearing, ihid. 225.— His Confession
of Faith, ibid. 229. — His Answers to the
Archbishop respecting Transubstantiation,
ibid. 233. — Respecting the Authority of
Holy Church, ibid. 239. — Respecting Con-
fession, ibid. 243. — Respecting Pilgrimage
and the Worship of Images, ibid. 244. —
His Condemnation, ibid. 245.— The Bishops
counterfeit an Abjuration in his name, ibid.
249. — He escapes from the Tower, ibid.
253.—- He is hanged and burned, ibid. 254.
— His Speech at his Execution, ibid. 256. —
Record of the Proceedings against him, ibid,
ib. — ^The forged Record of his Indictment
and Outlawry for High Treason, ibid. 265.
— Disputes between Protestant and Popish
Writers about his Character, ibid. 256.
COCHRANE, Sir John, of Ochiltree. See
Loudoun, James, Earl of,
COCKELL, William, Serjeant.at.Law.--His
Speech for the Prosecution on the Trial of
Joseph Hanson for a Misdemeanour in
encouraging the Weavers of Manchester in
a Conspiracy to raise the price of Wages,
31 vol.11.
CODLING, William.— His Trial with John
Reid, William Macfarlane, and George
Easterby, in the Admiralty Court, for felon-
iously destroying the Brig Adventure on
the High Seas in order to defraiid the Under-
writers, 43 Geo. 3, 1802, 28 vol. 1T7. — Sir
William Scott's Charge to the Grand Jury,
ibid. 178. — ^Abstract of the Indictment, ibid.
180. — Counsel for the Prosecution and for
the Prisoners, ibid. 185. — Mr. Garrow's
Speech for the Prosecution, ibid. ib. — Evi-
dence for the Prosecution, ibid. 208. — De-
fences of the Prisoners, ibid. 268. — Mr.
Erskine's Argument for Easterby, that there
was not Evidence, as against him, of any
Offence within tlie Jurisdiction of the Court,
ibid. 274. — Evidence for the Prisoners, ibid.
301. — Lord Ellenborough's Charge to the
Jury, ibid. 309.— The Jury find Codling, Mac-
farlane, and Easterby Guilty, and acquitReid,
ibid. 344. — Sir William Scott passes Sentence
of Death upon Codling, ibia. ib. — Codling
is executed, ibid. 345.-:- Easterby and Mao-
fairlane are pardoned, ibid. ib.
COKE, Arundel. See Woodbume, Edward,
COKE, Sir Edward, Attorney General, 2 vol/
94. — He states the Charge against the Earls
of Essex and Southampton, 1 vol. 1337.:—
His Speech for tlie Prosecution on the Trial of
Sir Cnristopher Blunt and others, ibid. 1420.
— He conducts the Prosecution of Sir Walter
Raleigh, 2 vol. 5. — His violent Behaviour on
that occasion, ibid. 7, 9, 16, 20, 26. — His
Speech for the Prosecution on the Trial of the
Conspirators in the Powder Plot, ibid. 166.
--— — — — Chief Justice of C. P. 6 Jac.
1,^2 vol. 568, 770.
— '• Chief Justice of K.~ B.
2 vol. 1043. — He is one of the Commis-
sioners for the Trial of the Murderers of Sir
Thomas Overbury, 13 Jac. 1, 2 vol. 91 1, 952.
His Speech in the Star-
Chamber on the Proceedings against Mr.
Wraynham for slandering Ix>rd Chancellor
Beacon, 16 Jac. t, 1618, 2 vol. 1072.— His
Speech in the House of. Commons against
. Loans, 3 Car, 1, 1627, 3 vol. 63. His Ob-
servations on the Judgment of the Court of
King's Bench in Sir Thomas Darneirs Case,
ibid. 68, 77. — He opens the Charge on he-
half of the Commons on the Impeachment
of Lord Treasurer Middlesex, 22 Jac. .1,
1624, 2 vol. 1190. — His Argument at the
Conference between the two Houses of Par-
liament on the Liberty.of the Subject^ 3 vol.
126i — He proposes . the Petition of Rights
in the House of Commons, ibid. 188. — Mr.
Hargrave's Developement of the Princjples
upon which he supposes Sir Edward Cfoke
to have proposed the Petition of Rights, 2 vol.
374. — Mr. Barrington's Observations upon
his Parliamentary conduct, 3 vol. 81 (note).
COKE, John. See Brandreth, JeremioJi,
COLE, John. See Harrison, Hcwy.— His
.Trial at the Old Bailey for the Murder of
Dr. Clenche, 4 Will, and Mary, i692, 12
vol. 875. — ^The Jury acquit him, ibid. 884.
COLEMAN, Edward.— His Trial at the Bar
of the Court of King's Bench for High
Treason in being concerned in the Popish
Plot, 30 Car. 2, 1678, 7 vol. 1.— Indictment
against him, ibid. 3,'--Speeches of the King's
Counsel for the - Prosecution, ibid. .6. — '<
Oates*s Evidence against him, ibid. .15^^
. Other Evidence against him, ibid. 30. — IjU,-
Defence, ibid. 59. — Reply of the Soli'^irt -,^i
General, ibid. 61.— Chief Justice F^iLt,««;
Charge to the Jury, ibid. ^^—'Ihf^^^?^^^
him Guilty ibid 70.-Senten^^J^^^^^^^^
him, ibid. 72.— He is execut "»f' '" l" ;L"
His conduct at the place.n^f if ,^^, ^^^'^'^
573.~Burnet:sAccour-**^*' ^ ^^^- ^^^-
— BuBneVs Account. See Bertiardi, John*
COLEPEPER,Wrhomas, Lord, Lo^d Rfeeper.
COLLEDGE, Lord HigH Steward^ on th^ Trial
for High Ti^^udjiey^ 3 vol. 404*— His Address
Conspirac3*wlvfe Judges, id the Slar-Chamblf,
I to the Circuits, directing them to
^6
GENERAL IStDEX TO
8 vol. 549. — His Petitions to the King pre-
• Viotii to the Trial, ibid, ib.— The iBdict-
th^nty ibid. 5Ci7, — He desires some Papers,
^hich had been takeh from him, to be re-
stored before he pleads, which is denied by
the Conn, ibid. 570.— He pleads Not Guilty,
Ibid. 582. — his Solicitors are called upon to
tji^itet for a Contempt in giving him the
Papers, ibid. 584. — The Codrt refuse to re-
tarn bim his Papers, but allow him to make
tise of Some bf them for his Defence in the
hftfkli of a third p^Hotiy ibidi 587.— The
King's Counsel open the Charge, ibid* 588.
•— Evidence against him, ibid. 591. — At the
close ot the Case for the Crown he objects
that there is no Evidence of a treasonable
Conspiracy, but the Court overrule his Ob-
jection, ibid. 619.— 'His Defence, ibid. 622.
'^Etiledee ht bim, ibid. 626.--Oate8's £vi^
B^nee fbt him, ibid. 646.^— He sums tip the
Btideiice fbr hh D«fenc6« Ibid. 675. —
Eepljr of the King'ftZCodn^eli ibid. 694.—
Chief Juitiee North's Charge to the Jury,
ibidk ri(>>-The Jury find him Guilty^ ibid.
714; — Setftence of death psissed upon him,
. ibidi ibi— His Speech at the plac6 of £xe-
dition, ibid. 717.— Sir John Hawles's Re-
marks upon this Trial, ibid. 723.— AecOunts
of this Trial by Burnet and other Historians,
ibidi 549 (note). — Sir John Hawles says,
thiit ** perhaps CoUedge made the best'De-
fence ever made bv a Defendant upon a
dUpttal Indictm^nt/^ 11 vol. 466^
COtiLIER, Jereiny. See Cook, Sluidrach. —
tie was the Author of the Historical Dic-
tionary and other learned works^ 13 vol. 411
. (note).
COLLIEKi Joseph. See Waiket, Thmaa.
COLXiINSi Darby. See Oolding^ John.
GDlIilNS, John. See Pole, Sir Geoffrey.
COLLI^S, John. See 0W», John,
COMPTON, Dr. Henry, Bishop of Oxford.
See Seven Bishops. — Granger*s Account of
him, ia vol. 188.
GOMPTON, Dr. John, Bishop of London.—
Proceedings against him by the Commis-
sioners fdr Ecclesiastical Affairs for not sus-
pending Dr. Sharp, Rector of St. Giles's, 2
Jac. 3, 1686, 11 vol. 1123.— the King's
9f «tter to him requiring him to suspend Dr.
Th<4*':n, ibid. 1155. — His Answer, ibid. ib. —
sla^tieaVoceedings against him by the Eccle-
• tence of SC'Om mission ers, ibid. 1157. — Sen-
^164. — Buril^~)ension passed against him, ibid.
itigs^ ibid, i lilt's Acdduttt of these Proeeed-
COjTYte, John,'^^^.®'^ .
732, i4l2. ^eant-at-Law, 15 vol.
CdkYKS, Sir. John, Baroriv
3 Geo. 2, If vol. 570, ^'he Exchequer,
CONJNGSBY, thomfts, Lord^-r ^
i» Parliament against him and \:^'?<^!«^**1SS ^^^^ , ^ , xx. . , l
^ \ Sir Charles \ COOK, John, Counsel.— Hia Arffmuept in \\i9
Porter, on animpe&ehment of High Treason,
5 William and Mary, 1693, 12 vol. 1279,—
Articles of Impeachment, ibid. ib. — The
Lords resolve not to ptoeeed With the Itn*
peachmant, ibid. 1284.
CONINGSMARK, Charles John, Ccttttot.—
His Trial with George Borosky, Christopher
Vratz, and John Stem, for the Marder of
Mr. Thynn, 34 Car. 2, 1682, 9 vol. 1. — Being
Foreigners, an Interpreter is sworn to explain
the Charge to them, ibid. 2« — ^The Indict-
ment, ibid. 8. — ^They plead NotGy^ilty, and
claim a Jury de medietate lingue, ibid. 8. —
Sir Francis Withens's Speech for the Pro-
secution, ibid. 15. — Evidence against them,
ibid. 19. — Chief Justice Pemberton calls
upon the Count for his Defence, and ex-
plains to him the points of the Evidence for
the. Prosecution which he has to answer,
ibid. 59. — ^I'he Count addresses the Jory in
French and Dutch, ibid. 62, dd.^The King's
Counsel reply, ibid. 68. — Tl>e Chief Justice
charges the Jury, ibid. 77. — The Jury acquit
the Couiit, but find the others Guilty, ibid.
80.— The Recorder passes Sentence of
Death upon them, ibid. 81. — Their Execu-
tion, ibid. 84. — Burnet's Account of their
Conduct in prison, after their Condemnation,
and at the place of Execution, ibid. 83* —
Dr. Horneck's Account of their Conduct,
ibid. 94. — Sir John Hawles's Remarks on
this Trial, ibid. 125. — Reresby's Account of
this Transaction, ibid. 1 (note),
CONSTABLE, John. See Kfr%, Cotonet
Richard,
CONSTABLE, Sir Robert.— He is indicted
for Treason, in being concerned in the Lin-
colnshire Rebellion, with Sir John Bulmer
and his Lady, Sir Francis Pigot, Sir Stephen
Hamilton, Sir Thomas Piercy, Aske, and
several others, in the reign of Henry the
Eighth, 1 vol. 478.— They are foond Gtiihjr,'
and executed, ibid. ib. — Lady Bulniet is
burned in Sinithfldd, ibid. ib.
CONWAY, lord. See Buckingham, GeorgCy
Du/ceo/*.*<- Proceedings against him in Par-
liament for High Crimes and Misdemea'*
nours, 2 Car. 1, 1626, 2 vol. 1267.— His
Correspondence with Lord Bristol, ibid.
1274. — The House of Lords resolve to hear
Lord Bristol's Charge against him, ibid.
1281.— -Lord Bristors Articles of impeach-
ment against him, ibid. 1290. — His Answer
thereto, ibid. 1441.— rThe Parliament is
abruptly dissolved, ibid. 1446.
CONY, Mt— Ludlow's Account of his Case,
5 vol. 935.— He refuses to pajr Taxes to
Cromwell, and on the amodnt being taken
violently from him, sues the Collector, ibid.
936. — Cromivrell sends the Counsel who
pleaded for him to the Toi/^er, ibid. ib.-^He
compromises the Action, ibid. 937.— Lord
Clarendon's Accoimt of thiij Cas6, ibid. ib.
THE STAtE TRIALS.
a
House of liOrds in Support of Lilburae*s
Claim for Reparation for the Sentence pass-
ed upon him in the Star-Chamberi 13 Car.
1,1637, 3 vol. 1352.
-, Solicitor General to th6 Common-
wealth. — Speech intended to have been
f|>oken by him on the Trial of Charles the
Ifirsty 4 vol. 1018. See Uegicidet,
COOK, Peter.— ftis Trial at the Old Bailey for
High Tt-eason in being toncenied in the
Assassination Plot, 8 Will. 3,' 1696, 13 vol.
311.— The Indictment, ibid. 345.--'riie At-
torney General opens the Csise against him,
ibid. 849. — Evidence agaitist him, ibid. 351.
— Serjeant Darnairs Defence of him, ibid.
356. — Evidence for him, ibid. 359.— Sit B,
ShoWfet sumil up tb0 £videnc6 for the De-
ftnce, ibid. 876.— The Solicitor General rte-
plies^ ibid. 382.«-^Chief Justice Treby charges
the Juiy, ibid. 386.--The Jury find him
G«ilty, ibid. 894.--*-Sentence of death passed
upon him, ibid. 395. — Pie is iifterwardi par-
dotted) upon condition of his transporting
. himself for Life, ibid» 397. — Extract of his
Confessions and Examinations, ffom Dal-
rymple's Memoirs, ibid. 898.
COOK, Shadrach.— Proceedings against him,
Jeremy Collier, and William Snatt, three
Non-juring Clergymen, for publicly absolv-
ing Sir William Parkyns, and Sir John
Fnend, 8 Will. 3, 1696, 13 vol. 40^.— Bur-
net's Account of this matter, ibid. ib. — Cook
. and Snatt are committed to Newgate, and
Collier absconds, ibid. 408. — Collier's De-
fence of his conduct, ibid. ib. — A Declara-
tion ol* the Archbishops and Bishops, on the
subject, ibid. 41 1 . — Collier's further Defence
of his Conduct, in consequence of the De-
claration, ibid. 413. — Proceedings against
Cook and Snatt in the King's Bench, ibid.
420. — ^A Special Verdict was found, ibid.
421. — Argument of the Special Verdict for
the Defendants, ibid. 42t.
C0OPER,-9ir Anthony Ashley. See Shaftes-
biiryf Jjithorti/, Earl of. — He Sat as one of
the Judges on the Trial of the Regicides,
5Toi. 986.
COOPER, Charles. See ThUtkwood, Arthur,
*^He pleads Guilty to an Indictment for
High Treason, in being concerned in the
Cato-Street Conspiracy, 1 G^o. 4, 1820^ 33
vol. 1544.'— He receives a Pardon, on con«
dition. of being transported for life, ibid.
1566.
ettOTHlLL, William. See CargUl, Donald.
COPLEY, Anthony. See Markham, Sir
Griffin.
COPLEY, John Singleton. — Serjeant at Law,
. 82 vol. 765. — His Speech, on Summing up
t the Evidence for the Defence, on Watson's
Trial for HighT^^s^OB, 57 Geo. 3, 1817,
32 vol. 499.
COPLEY, Sir John Singleton, Solicitor-Gene-
ral> 33 vol. 7ll« — His Reply for the Crown,
on Thistlewood's Trial for Hig^h Treason, 1
Geo. 4, 1820, 33 vol, 894ft^tiis Speeeh on
opening the Case for the Prosecution^ on the
Trial of Ings upon the same Indictment,
ibid. 959.^ — His Reply for the Prosecution,
on the Trial of Brunt on the same Indict-
ment, ibid. 1293.
CORBET, Miles, 5 vol. 1301. See Rt^ddei.
CORBETT, Sir ifohn. See BarmU^ Sir
Thorhas.
CORBETT, Richard. See Bofnbridge, Thomat.
CORKER, James,. See Anderson^ Lmet,
Wakemafif Sir George^
CORNISH, Henry. I^e Femkjfi J^* ^^
kington, ThotnoM.
CORNWALLIS, Charles, Lord.-llis trial in
the Court of the Lord High Steward, for the
Murder of Robert Clerk, 30 Car. 2. 1678,7
vol. 143.— -He pleads Not tiuilty, ibid. 148,
— ^The Attorney General's Speech for the
Prosecution, ibid. 149. — He is acquitted,
ibid. 157. — Sir Thomas Jones's Report of
his Case, ibid. 143 (note).
COSINj John, 1:)r.— Proceedings in PaHia^
ment against him, for introducing Popish
Ceremonies, 16 Car. 1, 164a, 4 vOl. 22.*-
Articles of Impeachment agaitlst him, ibid.
23. — He vindicates himself by fais Answer,
and the Lords dischafge hitn, upon hii giving
Bail for his Appearance, ibid. 28.— AccoUUt
of him, ibid. lb. (note).
COTTAM^ Thomas. See Conxion, Edmund,
COtTINGTON, Francis, Lord, Chahfcelloi' of
the Exchequer.-^HiS Speech in the StAr-
Chamber, on delivering his Opinion in favour
of a severe Sentence on Henry Sherfield. for
breaking a painted Wit^doW in a Church at
Salisburv, 3 vol. 539 •— His Speech in the
same Court, on delivering his Opitiidn
respecting the pr6per Sentence to be passed
on Prynhe, for publishing Histtio-mdiStiX|
ibid. 574.
COTTON, Edward. See Mateng^t Peter.
COTTON, Sit Robert, See Bedford, Earl oj.
— Proceedings in the Star-Chamber against
him and others, for publishing a scanaalous
and 'seditious Writing, 6 Car.l, 1631, 3 vol.
387. — His Speech in the House of Commons
against the Duke of Buckinghatn, ibid. 1^67.
—His Account of Proceedings, in different
Countries and kt different times, agaitist
Ambassadors for Crimes, 5 vol. 495.
COUNTER, James. See Bernardi^ J^n.
COVENTRY, Thomas, Lord^ Loi:d Keeper,
' — He was Lord Higl^ Steward, on the! Trial
of Lord Audley^ 3 vol. 404.— Hi^ Addrtts
to the Twelve Judges^ id Ui« Star«Chitmblry
previous to the Circuits, directing them to
as
GENERAL INDEX TO
explain in their Charges at the several
Assizes, the nature and design of levying
Ship-Money, 1635, ibid. 825.--His Address
on a similar Occasion in the following year,
ibid. 839. — He delivers his Opinion in the
Star-Chamber in favour of a mild Sentence
upon Henry Sherfield, for breaking a painted
window in a Church at Salisbury, ibid. 559.
COVENTRY, Thomas, Lord. See Norths
ampton, Spencer ^ Earl of. — Proceedings
against him and Eight other Peers, for ab-
senting themselves from the House of Lords,
contrary to an Order of the House, 1642, 4
vol. 176. . .
COWPER, Spencer, Counsel.— His Trial with
Ellis Stephens, William Rogers, and John
Marson, at Hertford Assizes, for the Murder
of Sarah Stout, 11 Will. 3, 1699, 13 vol. 1105.
— The Indictment, ibid. ib. — They plead Not
Guilty, ibid. 1107.— Opening Speech of the
Counsel for the Prosecution, ibid. 1109. —
Evidence against them,ibid.l 1 1 2. — Evidence
that Cowper was last in Company with the
Deceased, ibid. ib. — Evidence of the finding
of the Body, ibid. 1116 et seq.^ — Evidence
of the Physicians who examined the Body,
ibid. 1123, 1126, 1128, 1129, 1130.— Evi-
dence of Physicians respecting the Floating
of Dead Bodies, ibid. 1131 et seq. 1158,
1160, 1162. — Evidence of Sailors on the same
subject, ibid. 1134. — Evidence against Ste-
phens, Rogers, and Marson, ibid. 1137.—
Mr. Cowper's Defence, ibid. 1143.— Evi-
dence for the Defence, ibid. 1151. — Evi-
dence of the finding of the Body,* ibid. ib. —
Evidence of Dr. Sloane, as to the immediate
cause of Death from drowning, ibid. 1155.
—Evidence of other medical Men , ibid .1157.
Evidence to Mr. Cowper's Character, ibid.
1179. — Marson's Defence, ibid. 1180. —
Evidence for him, ibid. 1182. — Mr. Baron
Hatseirs Charge to the Jury, ibid. 1187. —
The Jury acquit them, ibid. 1190. — Papers
written soon after the Trial relating to this
Case, ibid. ib. — ^An Appeal is afterwards
prosecuted against them, but the Writ not
being returned within the lime of Limitation,
it could not be proceeded with, ibid. 1192.
COWPER, William, Counsel.— He is of
Counsel for the Prosecution on the Trial of
Charnock and others for High Treason, 8
Will. 3, 1696, 12 vol. 1446.— He is also of
Counsel for the Prosecution on the Trial of
Lord Mohun for the Murder of Richard
Coote, 13 vol. 1035. — His Speech in Reply
for the Prosecution, on the Trial of Sir Wm.
Parky ns for High Treason in being con-
cerned in the Assassination Plot, ibid. 123.
—His Speech in the House of Commons, in
the Diebate upon the Case of Ashby and
White, 14 vol. 755.
COWPER, William, Lord, Lord Chancellor.
— He preside^in the House of Lords, on the
Trial of Dr. Sacheverell, 1710,15 vol. 36.—
He is appointed Lord High ^Steward, upon
the Trial of Lord Derwentwater and others
for' High Treason, 171 6, ibid. 777. — Also on
the Trial of Lord Wintoun, ibid. 816 —
Also on the Trial of Robert, Earl of Oxford,
ibid. 1050.
CRANBURNE, Charles.— His Trial at West-
minster for High Treason in being con-
cerned in the Assassination Plot^ 8 Will.' 3,
1696, 13 vol. 221. — ^The Indictment, ibid.
139.— He pleads Not Guilty, ibid. 142. —
The Attorney- General opens the Case
against him, ibid. 241. — Evidence against
him, ibid. 243. — Lord Holt's charge to the
Jury, ibid. 263. — The Jury find him Guilty,
ibid. 266. — Lord Holt's Address on passing
Sentence upon him, ibid. 307. — His Execu-
tion, ibid. 310.
CRANMER, Thomas, Archbishop of Canter-
bury. — His Letter to Henry the Eighth in be-
half of A nne Boley n, 1 vol. 41 5. — His Letter in
behalf of Cromwell, ibid. 435.— rFroceedings
against him for Treason and Heresy, 2 Mary,
3 Philip and Mary, 1554, 1556, ibid. 767.—
He hesitates to sign the Will of Edward the
Sixth, excluding Mary from the Succession,
ibid. 769. — He is sent to the Tower, and afterr
wards removed to Oxford, ibid. 771. — He is
cited before Brooks, Bishop of Gloucester,
and other Commissioners appointed by the
Pope, ibid.772. — His Conduct, on appearing
before them, ibid. 773. — Brooks's Oration
to him, ibid. ib» — Cranmer's Answer there-
to, ibid. 798. — Dr. Martin's Oration, ibid.
779.— Cranmer's Confession of Faith, ibid.
781. — Dr. Story's Oration, ibid. 784.-— Con-
versation between him and Dr. Martin con-
cerning the obligation of Oaths taken against
the Pope's Jurisdiction, ibid. 786.— Inter-
rogatories proposed to him, with his Answers
thereto, ibid. 790. — Brooks's Oration at the
close of the Examination, ibid. 792. — ^Cran-
mer's answer to the objection concerning
his Marriage, and the Bondage of his Chil-
dren, ibid. 801. — ^The Commissioners cite
him to appear at Rome within 80 days, ibid.
802. — His Letter to the Queen, after this
Citation, ibid. 823. — A new Commission
from the Pope, executed by Thurlby, Bishop
of Ely, and Bonner, Bishop of London, ibid.
837. — They proceed to degrade him, ibid.
804. — Bonner's brutal Conduct to him, ibid,
ib. — He appeals to the next General Council,
ibid. ib. — His Instructions for drawing the
Form of his Appeal, ibid. 833.— The Bishop
of Ely refuses to admit the Appeal, ibid. 809
— He is imprisoned for three years, ibid. 810.
— Means taken to induce him to recant, ibid,
ib. — He subscribes a Recantation, ibid. 812.
Dr. Cole appointed to preach a funeral
Sermon forhiro,ibid, 8 13.--Cranmer brought
into the Church to hear the Sermon, ibid.
815. — His Grief and Bepentance during the
Sermon, 817, 857. — Being called upon to
repeat his Recantation, he renounces it,
ibid. 818. — ^He is taken from the Church to
the Stake, and burned, ibid. 821 .-^His mag-
The state trials.
29
naoimous Conduct at the Stake, ibid. 860.-—
Dr. Taylor's Letter to him, ibid. 836. — Mr.
Whiston's Inquiry into the Evidence of his
Aecantation, ibid. 844. — Mr. Strype's Ac-
count of his Death, ibid. 855.
CRANSTOUN, Geoiye, Advocate.— His Ar-
gument in the High Court of Justiciary,
against the Relevancy of the Indictment
against Wm. Edgar for administering un-
lawful Oaths, 57 Geo. 3, 1817, 33 vol. 150.
— His Argument against the Relevancy of
the Indictment on the Trial of M'Kinley for
a similar Offence, ibid. 282.
CRAWFOORD, Alexander. See Oraham,
John,
CRAWFOORD, John. See Geddes, James.
CRAWLEY, Sir Francis, Judge of C. P.— He
is one of the Judges who sign the Opinion
in favour of Ship-Money, 3 vol. 844. — His
Argument in the Exchequer Chamber, on
giving his Judgment in favour of Ship-
Money, ibid. 1078.
CREIGHTON, Robert. See Stmquhar, Lord.
CREW, Sir Randolf, Lord Chief Justice of
K. B. 1624. — He is removed from the Bench
for discouraging Loan-Money, 3 vol. 1 (note).
— Mr. HoUis's Panegyric upon him in the
House of Lords, ibid. 1296.
CREW, Sir Thomas, King's Serjeant, 7 Car. 1,
3 vol. 408.
CRISPE and DALMAHOY.— Their Case re-
ported from the Loi'ds* Journals, 6 vol.
1144.
CROFTS, Sir George. See Foh, Sir Geqffr^.
CROKE, Sir George, Justice of K. B. 2 vol.
952, 911, 3 vol. 295.— Justice of C. P. 3
vol. 359, 844,— Sir John Finch admits that"
Croke signed the Opinion in favour of
Sbip-Money, merely for conformity to the
Judgment of the Majority of the Judges,
- 4 vol, 6. — His Argument for Mr. Hamp-
den, in the Case of Ship-Money 3 vol.
1127. — Anecdote related by Whitelocke,
respecting his delivering his Opinion against
the King in the Case of Ship-Money, 6 vol.
906 (note).
.CROKE, Sir. John, King^s Serjeant, 4 Jac 1.
* — ^His Speech on opening the Case for the
Crown, on. the Trial of Garnet for being
• concerned in the Gunpowder Plot, .2 vol.
i ,21.7.
CROMERTIE, George, Earl of. See XiT-
mamocky WiVkany Earl of
CROMWELL, Thomas, Earl of Essex.— Pro-
ceedings against him for Treason, Heresy,
and other Offences, 33 Hen. 8, 1541. 1 vol.
433. — ^He is attainted in Parliament, ibid.
434. — Cranmer writes to the King on hi9
1:>ehalf, ibid. 435.— His Speech ana Prayer,
ou tbQ Scaffold, ibid, 437^«*^me account of
his Life, ibid. 438.-rHe was said to be the
First man who promoted Attainders, 13 vol.
726.
CROMWELL, Oliver (Protector).— Trial of
Miles Sindercoroc, for conspiring to kill him,
8 Car. 2, 1657, 5 vol. 841. — Remarks on the
Administration of Justice during his Protec-
torate, ibid. 935. — His Speech on taking
away the Great Seal from the Commissioners
Whitelocke and Widdrington, ibid. 939. —
Instances of his illegally committing per-
sons to Prison, ibid. 940.— His Merit, in pro-
viding for the due Administration of Justice
during the Protectorate, ibid. 944. — Singular
Account of his Burial, ibid. 1339.
CRONE, Matthew. — Proceedings against him
for High Treason. 2 Will, and Mary, 1690,
12 vol. 1237.— The Jury find him Guilty,
after being enclosed a whole night, ibid.
1239.— His Exception in arrest of Judgment,
ibid. 1240, 1243.— Sentence of Death is
passed upon him, ibid. 1244. — He appears
to have been afterwards pardoned, ibid.
1243.
CROOK, John.— His Trial with Isaac Grey,
and John Bolton, for refusing to take the
Oath of Allegiance, 14 Car. 2, 1662, 6 vol.
201. — Crook is brought to the Bar at the
Old Bailey, and required by the Court to take
the Oath, ibid. 205. — tie refuses to answer
this Requisition, ibid. 206. — Indictment
against them, ibid. 212 (note). — Crook hesi-
tates to plead, ibid. 213. — He pleads Not
Guilty, ibid. 220.— Grey is required to take
the Oath, ibid. ib. — He desires time to con-
sider, ibid. 221. — Grey and Bolton plead
Not Guilty, ibid. 222. — They are found
Guilty, and Sentence of Prsmunire is passed
upon them, ibid. 226.
CROSBY.— His Trial in the Court of King's
Bench for High Treason, 7 Will. 3, 1695,
12 vol. 1291. — Lord Rajrmond's Rq)ort of
his Case, ibid. ib. — Report of his Case,
from Owen Wynne's MSS. ibid, ib.-— The
Jury acquit him, ibid. 1298,
CROSBY, Brass, Esq. Lord Mayor of London.
— His Case upon a Commitment by the
House of Commons for a Breach of Privi-
lege, 11 Geo. 3, 1771, 19 vol. 1137.— He
moves the Court of Common Pleas for a
Writ of Habeas Corpus, ibid. ib. — Serjeant
Glynne's Argument for his Discharge, ibid.
1138.— Serjeant Jephson's Argument on the
same side, ibid. I143.-T-Judgment of the
Court that he be remanded, ibid. 1146. .
CROSS, John, Counsel. — ^His Speech for
Jeremiah Brandreth, on his Trial for: High
Treason in being concerned in the Luddite
Insurrection, 32 vol. 863. — His. Speech in
Defence of William Turner, on his Trial for
the same Treason, ibid. 1046.-«-His Speech
in Defence of Isaac Ludlam, fQf the same
Treason, ibid. 1217,
00
GENERAL INI>EX TO
CEOSSFIELD, Robert Thomas.— HU Trial
at tbe Old Bailov for High Treason, 36 Geo.
3, 1796, 26 vol. 1.— The Indictment, ibid.
2. — Counsel for the Prosecution and for the
Prisot}«r;ibid. 7, 8.«-Speech of tbe Attorney
General for the Prosecution, ibid. 11. — Evi-
dence for the Prosecution, ibid. 25. — Mr.
Adam's Speech for the Defence, ibid; 91. —
Bvidence for tbe Defence, ibid. 126.-~Mr.
Gnmey's Bpeech on summing up the Evi-
dence for the Defence, ibid. 146. — ^Tbe At-
torney Generars Reply, ibid. 168. — Chief
Justice £yre*s Charge to the Jury, ibid. 190.
—•The Jury acquit him, ibid. 233.
CUFFE, Henry. See Blunt, Sir Chmt<^her.
CULLEN, Robert, Advocate.— His Speech in
Defence of David Downie, on his Trial fo^
High Treason in the Court of Justiciary,
34 vol. 121.
CULLENDER, Rosc^Her Trial with Amy
Duny, at Bury St. Edmond's, for Witch-
craft, before Lord Hale, 17 Car* 2, 1665,
6 vol. 687. — Efidence against them, ibid,
ib. — Lord Hale*s Charge to the Jury, ibid.
700.— The Jury find them Guilty, ibid. 701.
They are executed, ibid. 703.
CURLL, Edmund .—His Case in the Court of
King's Bench, on a motion in arrest of Judg-
ment on a Conviction for publishing an ob-
scene Libel, 1 Geo. 2, 1727, 17 vol. 153. —
Argument of his Counsel in arrest of Judg-
ment, ibid. ib. — Argument of the Attorney-
General in answer, ibid. 154, — ^The Court
give Judgment against him, ibid. 160.
CURRAN, John Philpott, 26 vol. 841.— His
Speech in Defence of Hamilton Rowan, 22
vol. 1066. — His Speech in Defence of Bird,
35 vol. 769.-— His Speech in Defence of
James Weldon, 26 vol. 264 — His Speech in
Defence of Peter Finerty, ibid. 964.— His
Speech in Defence of Finney, ibid. 1099. —
His Speech, on summing up the Evidence for
the Prisoners, in the Case of Henry and John
. Sheares,37 vol.364.— PeculiarCircumstances
Attending the delivery of this Speech, ibid. 363
(note). — His Speech in Defence of M'Cann,
ibid. 491. — His Speech in Defence of Oliver
Bond, ibid. 574. — His Speech for James
Napper Tandy, ibid. 1205.-- His Speech for
the Piaintiif in the Case of Hevcy against
Sirr, 28 vol. 2. — His Speech in Defence of
Kirwan,ibid.786. — His Speech in Defence of
Felix Rourke,ibid. 945. — His Speech in De-
fence of Killen and M'Cann, ibid. 1006.
-^His Argument for Mr. Justice Johnson's
Discharge upon a Habeas Corpus in the
Court cJ King's Bench in Ireland, 29 vol.
134.— His Argument, upon a similar Habeas
Corpus in th^ Court of Exchequer in Ireland,
ibid* 336.
CURTIS, Jane.— Her Trial for a Libel on
liord Chief Justice Scroggs, 33 Car. 3, 1680,
7 vol. 059»«<*IShe confesses the Indictment,
ibid, ib*
CURTIS, Richard.— His Case, on a Trial for
Murder, in the year 1756, reported by J4r.
Justice Foster, 15 vol. 742 (note),
CURWOOD, John, Counsel.— His Speech in
Defence of Thistlewood, for High Treason,
in being concerned in the Cato-Street Con?
spiracy, 33 vol. 830,— His Speeches in De-
fence of other Prisoners, tried upon the same
Indictment, ibid. 1055, 1356, 1410.
CUTHELL, John.— His Trial for publishing
a Seditious Libel, 39 Geo. 3, 1799, 27 vol.
641. —The Indictment, ibid, ib.— The At-
torney GeneraVs Speech for the Prosecution,
ibid. 654.— Mr. Enskine's Speech for the
Defendant, ibid. 655. — Lord Kenyon's
Charge to the Jury, ibid. 673.— The Jury
find him Guilty, ibid. 676.— His Affidavit in
mitigation of Punishment, ibid. 677. — He ie
sentenced to pay a fine of 30 Marks, and
discharged, ibid. 680.
DACRES, William, Lord.— His Trial by his
Peers for High Treason, 27 Hen. 8. 1535, I
vqI. 407. — Reason for inserting his Trial io
the Collection, ibid, ib.— He is acquitted by
the Lords, ibid. 408.— Expressions of popu-
lar^atisfaction at his Acquittal, ibid. ib.
DALGLEISH, George. See Damlej/, Henry,
Lord, — His Deposition, respecting the
Murder of Lord Darnley, 1 vol. 919. — His
Trial in Scotland, with several others, for
being concerned in the Murder, 9 Elis. 1567',
ibid. 926. — He is convicted, and sentenced
to Death, ibid. 927.— His Confession, ibid.
928.
DALLAS, Robert, Counsel, 22 vol. 331, 30
vol. 1.— His Speech for. the Prisoners, on
the Trial of O'Coigly and others for High
Treason, 37 vol. 53. — His Speech in Defence
of John and Michael Hedges, on their Trial
for a Fraud on Government, committed in
the Woolwich Dock Yard, 28 vol. 1386. —
His Speech in Defence of Governor PLcton,
on his Trial for a Misdemeanour in order-
ing the Torture to be applied to Luisa Cal*
deron, at Trinidad, 3© vol. 467.— His Argu-
ment in Support of a Eule for a new Trial
in that Case, ibid. 756.— Hb Speech^ for
Governor Picton on the Second Trial, ibid.
818. — His Speech in Defence of Alexander
Davison, for a Fraud upon Government m
the purchase of Military Stores, 31 vol. 136.
— His Speech in mitigation of Punishment
in the same Case, ibid. 336. — His Speech in
Defence of Valentine Jones, for Frauds in
the Administration pf his OiSce as Commif-
sary General of the Forces in the West Indict,
ibid, 293.— His Speech for Mr. Jones, in
mitigation of Punishment, 33 ToU 1575t
DALLAS, Sir Robert, Judge of C. P. 33 Tol.
765. His Charge to the Jury, on the Trial
of William Turner for High Treason in
being concerned in the Luddite I^stirrectSon,
ibid, noi.
tHE STATi TRIALS.
OAIXA3, Sir Uo\>eti, Chief JusUce of C. P.
33 vol. 711.— His Charge to the Jury on the
Trial of IngSy for High Treason, in being
eoBcerned in theCato-Street Plot, ibid. 1 1 85.
DALMAHOY. 8^ C^.
DALRYMPLE, Sir James, of Stair. See
Monmouth, Jamet, Duke of.
DALRYMPLE, Sir John. — Founlainhairs
Account of a curioos litigation between him
and Grahame of Claverhouse (afterwards
Viscount Dundee), H vol* 945.
DAMMAREE^ Daniel.— His Trial for High
Treason in levyinc^ war against the Queen,
under pretence of pulling down Meeting-
HoQses, 9 Anne, 1710, 15 vol. 521.— The
Indictment, ibid. 524.*-He pleads Not
Guilty, ibid. 584.— The Queen's Counsel
open the Case for the Prosecution, ibid. 549.
— rEvidence against him, ibid. 552. — Mr.
Whittaker and Serjeant Darnell's Defence
of him, ibid. 562,'-«Evidence for the Defence,
ibid, 566.— Mr. Whittal^er sums up the
£videDce for the Defence, ibid. 584.-— Chief
Justice Parker's Charge to the Jury, ibid.
596.— The Jury find him Guilty, ibid. 611.
— Sentence of Death is passed upon him,
ibid. 612. — He is pardoned, ibid. 614. — Mr.
Xuders'i Observations upon the Law of
Treason in the Article of Levying war, as laid
down in this Case, ibid. 523 (note).
DAMPIEJEt, Henry, Counsel, 22 vol. 823, 25
-vol. 5.
DANBY, Thomas, Earl of. See (hbome,
Sir TibiTuu.-r^Proceedings in Parliament
against him, on an Impeachment of High
Treason and other high Crimes and Mis- |
demeanours, 30 Car. 2, 1 Jac. 2, 1678-
t686, 11 vol. 599.— Sir John Reresby's Ac-
count of the circumstances which led to
these Proceedings, ibid. 601 (note).-— Sir
William Temple's Account of his Fall, ibid.
01Q (note). — Notice of these Proceedings in
Algernon Sidney's Letters, ibid. 611 (uote).
— ^Roger North's Account of them, ibid. 614
(note).-— Articles of Impeachment against
bioi, ibid. 621. — His Speech in the House of
Lords, upon the Articles being read, ibid.
627. — Debate in the House of Lords, respect-
ing his Commitment, ibid. 631.-— Defence of
I^ord Danby, in a Letter to a Metpber of the
House of Commons, ibid. 634. — Answer to
the Defence, ibid. 654. — ^The EarFs Ueply
to this Answer, ibid. 677.T-Sir Robert
Howard's AccouiH of the Revenue, as left
by the Earl, ibid. 693.-- The Earl's Answer
t9 Sir Rob«rt Howard, ibid, 709.«- Debates
in th^ House of Commons respectins the
{mpeachment, ibid, f 24.-*The King informs
ParUainent, that he bad granted him a Pardon,
ihid* 735,<— Debates in the House of Com-
mons thereon, ibid, ib.-* Th# l^Vn Plea to
th^ Aniolef of Impeachment, ibid. 764. —
Copy of tbt mng'^ Pai^on, ibid, 766^De-
Mil k thfl SouM gf CflWttoai cm the
$i
validity of the Pardon, ibid. 773.— Tbf
Commons resolve that no Counsel shall be
allowed to plead in support of the Pardon,
ibid. 807. — ^The King prorogues the Parlia-
ment, ibid. 830. — Proceedings in the King's
Bench, upon the Earl of Danby's AppUcatioa
to be admitted to Bail, ibid. 881.— ^e
Coutt bail him, ibid. 871. — He was all«r^
wards successively created by King William,
Marquis of Carmarthen and Duke of Leeds,
13 vol. 1263 (note). — As Marquis of Car-
marthen, he was President of the Council,
and Lord High Steward on the first TiM of
Charles Lord Mohun for Mnrderi 12 vol.
953. — Proceedings in Parliament against
him, when Duke of Leeds, for High Crii|aes
and Misdemeanours, 7 Will. 3, 169M701,
13 vol. 1263. — The Commons resolve to im-
peach him, ibid. 1265. — ^Tbe Duke's Speech
in the House of Lords, ibid, ib.— >tiis Speech
in the House of Commons, ibid. 1266.—
Articles of Impeachment against him, ibid.
1269. — His Answer thereto, ibid. 1270. —
The Commons are unable to proceed with
the Impeachment, on account of the Absence
of a material Witness, ibid. 1271* — No iur-
ther Proceedings being taken by the Com*
mons, the House of Lords dismiss the
Impeachment, ibid. 1274.
DANGERFIELD, Thomas.— His Evidence
on the Trial of Knox and Lane, for a Con-
spiracy to scandalize Oates and Bedlow, T
vol. 790. — His Evidence on the Trial of
Lord Castlemaine for Treason, in being
concerned in the Meal-Tub Plot, ibid. 1090.
— He is rejected as a Witness on the Trial of
Elizabeth Cellicr, ibid. 1052.— Short Ac-
count of his Trial, for a Libel upon James
the Second, when Duke of York, 1 1 vol. 503
(note). — ^Trial of Robert Frances for the
Murder of Dangerfield, ibid. 503.
DANIEL, William, Judge of C. P. 6 Jac. 1,
2 vol. 576.
DARBEY, Leonard. See Morrii, Jo^t.
DARCY, Lord. — He is tried by his Peers, con-
victed, and executed, for joining the Rebel*
lion in the North, in the Reign of Henry the
Eighth, 1 vol. 478.
DARNELL, Jolm, Counsel. — He is assigned
as Counsel for the Earl of Castlemaine, on his
Trial for High Treason, in being concerned
in the Meal-Tub Plot, 32 Car. 2, 1680, f
vol. 1084. — His Defence of John Giles, for
attempting to Murder, Mr. Arnold, ibidw
1144.
' '— *• Stijeanlt %t lAWr«<-<'Hii is
assigned Counsel for Peter Cook, on his
Trial for High Treason, 8 Will. 3, 1696^ i^
vol. 313.
■'■', Klng*8 Serjeant, 13 vol.
1063, 14 vol. 534, 561, 1100.— He is of
Counsel for the Prosecution, on the Trial of
Denew and othars lor a Conspiracy and
Aiauilt^ 8 ^e, 1704^ 14 ?qI* 909»
9^
GENERAL INDEX TO
DARNELL, John, Counsel. — He defends
Dammaree and others on their several Trials
for High Treason 9 Ann, 1710, 15 vol. 587,
627, 665.
-, Serjeant at Law, 15 vol.
1412, 16 vol. 750, 17 vol. 804.— His Argu-
ment for the Crown of the Special Verdict
in Major Oneby's Case, for Murder, 17 vol.
38. — He defends Hales on his Trial for
Forgery, i Ceo. 2, 1728, ibid. 198.— He de-
fends Bambridge and Corbett on their Trial
on an Appeal of Murder, ibid. 430.
[CORNELL, Sir Thomas. — ^Proceedings on the
Habeas Corpus brought by him, Sir John
Corbett, Sir Walter Earl, Sir John Heven-
ingham, and Sir Edmund Hampden, at the
King's Bench, Westminster, 3 Car. 1, 1627,
3 vol. 1 ^-;-He is imprisoned with many others,
for refusing to lend on the Commission of
Loans, ibid. 2. — ^The Return to the Habeas
Corpus, ibid. 3. — Serjeant Bramston's Ar-
-gument for Sir J. Heveniugham, ibid. 6. — Mr.
Noye's Argument for Sir Walter Earl, ibid.
11.^— Mr. Selden's Argument for Sir E.
Hampden^ ibid. 16.— Mr. Calthorpe's Argu-
ment for Sir John Corbet, ibid. 19. — ^The
' Attorney General's Answer, ibid. 32. — ^The
Resolution of the Court, that they should be
remanded, delivered by the Chief Justice, ibid .
. 51 . — They remain in Custody three Months,
' and are then released by the King's Order,
and are elected in the next Parliament, ibid.
59. — Sir Edward Coke's Observations on
the Judgment in this Case, ibid. 68, 77. —
' Debates in Parliament on the Principle of
the Judgment in this Case, ibid. 59. — Con-
ference between the two Houses of Parlia-
ment on this Question, ibid. 83. — Mr. Lit-
tleton's Argument at the Confei'ence against
the Judgment, ibid. 85. — Mr. Selden's Ar-
gument, ibid. 94.-^Sir Edward Coke's Ar-
gument, ibid. 126. — ^The Attorney General's
Reply, ibid. 133. — ^The House of Lords call
upon the Judges to answer for their Judg-
ment in this Case, ibid. 160. — Answers of
the Judges, in which they disclaim having
given any Judgment on the Principle sup-
posed to be implied in this Case, ibid. 161.
•DARNLEY, Henry, Lord. See Botkwetl^ James
Earl of, — Depositions of William Powrie,
George Dalgleish, John Hay, and John
Hepburn, respecting his Murder, 1 vol. 915.
— ^Their Trial and Sentence for the same,
ibid. 926. — Deposition of Nicholas Hubert,
alias Paris, respecting the Murder, ibid. 931 .
—Confession of the Laird of Ormistoun,
respecting the same, ibid. 944.
DAUNCEY, Philip, Counsel.— His Speech
in Defence of Colonel Draper, for a libel
J arising out of Governor Picton's Prosecution,
30 vol. 1005.
DAVENPORT, Humphrey, King's Seijeant.
— His Argument in the Court of King's
^encb| ia fctYOttr of the legality of the Com-
mitment of Mr. Stroud and cHhers, by the
King, 3 vol. 250.
DAVENPORT, Sir Humphrey, Chief Baron
of the Exchequer. — He joins in the Answer
given by the Judges to Charles the First
in favour of the legalityjof Ship-Money, 3
vol. 844. — His Argument in the Excliequer
Chamber against Ship-Money, ibid. 1202.
DAVENPORT, Thomas, Counsel.— He is of
Counsel for Mr. Wilkes, on his Application
to the Court of King's Bench to be admitted
to Bail, 19 vol. 1080.
Sir Thomas, King's Counsel.
He is one of the Counsel for the Prosecution,
on the Trial of Bembridge for Misconduct
as a Clerk in the Pay-Office, 22 vol. 33.—
His Argument in the Court of King's Bench
against the Motion for a new Trial in that
Case, ibid. 126. — Curious Anecdote respect-
ing him, 28 vol.819.
DAVENTRY, Heneage Finch, Baron of. Lord
Chancellor. — ^He is appointed Lord High
Steward on the Trial of Lord Stafford, 7 vol.
1291, 1295.— His Address to Lord Stafford,
on passing Sentence on that occasion, ibid.
1555. See Finch, Heneage,
DAVERS, Sir Charles. See Blunt, Sir Chris-
topher.
DAVIDSON, William. — His Trial with
Richard Tidd, at the Old Bailey, for High
Treason in beiug concerned in the Cato-
Street Conspiracy, 1 Geo, 4, 1820, 33. vol.
1337.— The Indictment, ibid. 607.— Mr.
Gurney's Speech for the Prosecution, ibid.
1341. — Evidence for the Prosecution, ibid.
1351.— Mr. Curwood's Speech for the Pri-
soners, ibid. 1419. — Evidence for the Pri-
soners, ibid. 1434.— Mr. Adolphus's Speech
for the Prisoners, ibid. 1441. — Davidson's
Speech for himself, ibid. 1458. — Tidd's
Defence of himself, ibid. 1464. — Reply of
the Attorney General, ibid. 1466.— Mr.
Baron Garrow's Charge to tlie Jury, ibid.
1481. — The Jury find both the Prisoners
Guilty, ibid. 1542. — Davidson's Speech, on
being called upon for Judgment, ibid. 1548.
— ^They are both executed, ibid. 1566.
DAVIS, Sir John. See Bhmt, Sir Christopher.
DAVIS, Sir John, King's Serjeant, 2 vol. 952.
— His Argument for the Crown, in the
Great Case of Impositions, in favour of the
King's unlimited Prerogative ' of imposing
Taxes and Duties, 2 vol. 399.
DAVISON, Alexander.— His Trial at West-
minster, for defrauding Government in the
purchase of Military Stores, by means of false
Vouchers, 49 Geo. 3, 1808-1809, 31 vol. 99.
— Abstract of the Information, ibid, ib.—
Speech of the Attorney General for the Pro-
secution, ibid. 103^ — Evidence for the" Pro-
secution, ibid. 116. — Mr. Dallas's Speech
for the DefendsAt, ibid. 136«^£vid9nQe for
THE STATE TRIALS.
33
the Defendant, ibid. 163.— Reply of the At-
torney General, ibid. 194. -Lord Ellen-
borough's Charge to the Jury, ibid. 205. —
The Jury find him Guilty, ibid. 219.~Pro-
ceedings on his being brought up for Judg-
ment, ibid. ib. — Mr. Dallas's Speech in
mitigation of Punishment,ibid. 226. — Speech
of the Attorney General in aggravation, ibid.
237. — Sentence of the Court, ibid. 247.
DAVISON, William.— He is appointed a
Commissioner for the Trial and Examination
of Mary, Queen of Scots, 28 Eliz. 1586, 1
▼ol. 1167. — Proceedings against him in the
Slar-Chamber for Misprision and Contempt,
in delivering Queen Elizabeth's Warrant for
the Execution of Mary, Queen of Scots,
without her privity, ibid. 1229.— He is sen-
tenced to pay 10,P00 Marks, and be impri-
soned during the Queen's pleasure, ibid.
1234.— Another Account of the Proceedings,
ibid. 1241. — His own Account of his Con-
duct, ibid. 1239 (note).
DAVY, William, Serjeant at Law, 19 vol. 280,
705, 815, 20 vol. 1240, 1285, 1319.— His
Argument for the Prisoners, in the Case of
Macdaniel and others, 19 vol. 790.— His Ar-
gument against the Discharge of Somraersett,
the Negro, 20 vol. 76.— His Speech for the
Defendant, in the Case of Fabrigas v.
' Mostyn, ibid. 99.
DAWSON, James.— Account of his Trial and
Execution, for High Treascn, in being con-
cerned in the Rebellion of 1745, 18 vol. 374
(note).— Pathetic. Occurrence at his Execu-
. tion, ibid. 375.
DAWSON, Joseph.— His Trial with Edward
Forseith, William May, William Bishop,
James Lewis, and John Sparkes, in the Ad-
• miralty Court, for Felony and Piracy, 8
Will. 3, 1696, 13 vol. 451.— Dawson pleads
Guilty to the Indictment, ibid. 452.— The
rest are acquitted, contrary to the Opinion of
the Court,ibid.453.— They are committed
upon other Charges, ibid. ib. — Sir Charles
Hedges's Charge to the Grand Jury, upon
another Indictment being preferred, ibid.
454._The Second Indictment, ibid. 458.—
Dawson confesses it, the others plead Not
Guilty, ibid. 459.— Evidence for the Crown,
ibid.461.— Their Defence, ibid. 472.— Reply
. of the Solicitor^Gcneral, ibid. . 477.— Lord
Holt's Charge to the Jury, ibid. 478.
— The Jury find them Guilty, ibid. 481.—
They are afterwards tried and convicted on
two other Indictments, ibid. 482.— They are
sentenced to be hanged, and are executed,
ibid. 484.
DEACON, Thomas Theodorus.— His Trial for
High Treason, in being concerned in the
Rebellion of 1745, 20 Geo. 2, 1746, 18 vol.
365.— He is found Guilty, 366— And exe-
cuted, ibid. 368. — His Speech at the place
of ;&[ecutioDy ibid. 390.
DEAGLB, John. See JPUkingtm, Thomas,
VOL. XXXIV,
DE BRUCE, William.— His Sentence for in-
sulting one of the Judges while sming on
the Bench, 34 Ed w. 1, 3 vol. 1376.
DEE, Mr., Counsel. — He is assigned of
Counsel for Dr. Sacheverell, 15 vol. 36.
DE GREY, William, Solicitor General.— His
Argument for the Plaintiffs in Error, in the
Case of Leach against Money and others,
19 vol. 1012.— His Reply in the same Case,
ibid. ib. — His Speech in the House of Lords,
on the Trial of Lord Byron, for the Murder
of Mr. Chaworth, ibid. 1224.
■ Attorney General, 19
vol. 1079.
■ Sir William, Chief Justice of
. C. P. 20 vol. 1285.— He delivers the Judg-
ment of the Court in the Case of Brass
Crosby, 19 vol. 1146.— Also on a Motion for
a new Trial, in the Case of Fabrigas v.
Mostyn, 20 vol.175.
DE HARTLEY, Constantine. See Golding,
John,
DELAHOY, Casimir. See Bird, Jama,
DELAMERE, Henry, Lord .—His Trial in the
Court of the Lord High Steward, for High
Treason, 1 Jac. 2, 1686, 11 vol. 509. Ac-
count of him, ibid. (note). — Sir John
Reresby's Account of this Trial, ibid. 513
(qote). — ^The Indictment, ibid. 516. — He
pleads that he ought to be tried by the Peers
in Parliament, and not in the Court of the
Lord High Steward, ibid. 519.— The Plea is
overruled, ibid. 526. — He pleads Not Guilty,
ibid, ib.— The Lord High Steward's Charge
to the Peers, ibid. ib. — ^The King's Counsel
open the Case against him, ibid. 328. — Evi-
dence against him, ibid. 531 .—The Lord High
.Steward, after consulting the Judges, refuses
to adjourn the Court tilltheTrial is.tinished,
ibid. 562.— His Defence, ibid. 564. — Evi-
dence in Support of his Defence, ibid. 566.
—Reply of ihe King's Counsel, ibid. 586. —
The Lord High Steward's Charge to the Peers,
ibid. 592. — He is acquitted, ibid. 593. •
DE LA MOTTE, Francis Henry.— His Trial
for High Treason, in giving Information to
France, 21 Geo. 3, 1781, 21 vol. 687.— The
Indictment, ibid. ib. — ^Counsel for the Crown
and for the Prisoner, ibid. 708. — The Attorney
Generars Speech for the Prosecution, ibid, ib.
—Evidence for the Prosecution, ibid. 718.—'
Mr. Peckham*s Speech for the Prisoner, ibid.
767.— Evidence for the Defence, ibid. 790.
— Speech of the Solicitor General in Reply,
ibid. 794. — Mr. Justice Buller's Charge to
the Jury, ibid. 808, — The Jury find him
' Guilty, ibid. 814. — Mr. Justice Buller passes
Sentence upon him, ibid. ib.
DE LA POLE, Michael. See Suffolk, Earl of.
DE LA POLE, William. See Suffolk, Duke of.
DENEW, Nathaniel.— His Trial with John
Merriam and Richard Britton, at the Queen's
Bench Bar, for a Conspiracy to assault
William Colepeper, Esq. 2 Anne, 1704, H
9i
OE^iFjiM, fNDE3j; TO
vp), 805. — The Indictment, ibid. 896. — Sev-
j^ant Parnell opens the Case for t^e P^se-
cution, ibid. 903. — Mr. Colepeper's Evi-
dence against them, ibid. 905. — Other Evi-
dence against them, ibid. 916. — Speech of
the Counsel for the Defendants, ibid. 925.
-!— Evidence for the Defence, ibid. 929.-^
Merriam is acquitted generally; Brittoin is
acquitted of the Conspiracy and Assault,
but found Guilty pf the rest of the Indict-
ment; Denew is acquitted of the Con-
spiracy, but is found Guilty of the rest of
the Indictment, ibid. 936>-^DeQew is fined
200 Marks, a^d Qrittaa 100/. ibid. 938.
DENHAM, Sir John, Baron of the Exchequer,
4 Car. 1, 3 vol. 359, 401, 844.— He delivers
bis Opinion in the Exchequer Chamber
against Ship Money, 3 vol. 1201.
pENHOLME, William. — Proceedings in
Scotland against him and others for being
concerned in Argyle's Rebellion, 1 Jac. 2,
1685, 11vol. 987.
DENISON, Sir Thomas, Judge pf K. R. 20
Geo. 2, 18 vol. 329.
PENMAN, Thomas, Counsel.— His Speech on
summing up the Evidence in Defence of
Brandreth,on hisTrial for High Treason, 32
vol. 884. — His Speech in Defence of Turner,
on his Trial for High Treason, ibid. 1059. —
His Speech in Pefence of Isaac Ludlam for
the same Treason, ibid. 1226.
BENTON, Alexander, Counsel*— rHis Argu-
ment foi' the Discharge of several persons
brought into the Court of King's Bench by
Habeas Corpus, having been committed by
the House of Commons for commencing
Actions in contravention of the Decision of
that House, in the Case of Ashby against
White, 14 vol. 852.—The House of Com-
mons resolve that by pleading in that Case,
he is guilty of a Breach of Privilege, ibid.
809. — The House order him to be taJcen into
the Custody of the Serjeant at Arms, ibid.ib.
—A Writ of Habeas Corpus, returnable be-
fore tVe Lord Keeper, is served on the Serjeant
at Arms, ibid. 817.
DERBY.— Report of his Case on a Habeas
Ojorpus, upon a Commitment by the Secretary
of ^te, in the Reign of Queen Anne, 19
vol. 1014 (note).
BERBY, Henry, Earl of.— He is created Lord
High Stevirard on the Trial of Philip Howard,
Earl of Arundel, for High Treason, 31 EHz.
1589,1 vpl. 1259. "^
DERBY, James Stanley, £arl of.— Proceed-
ings against him, Sir timothy Fethcirston-
haugh, and Captain John Benbow, before a
Court-Martial, for High Treason, 3 Car. 2,
1651, 5 vol. 293. — Ix)rd Clarendon's Ac-
count of the Earl of Dlerby, ibid, ib, (note).
— ^They are found Guilty, and Sentence of
Dlealjh is passed upon them, ibid. 296. — The
jfearl of Derby*s Speech and Conduct upon
the Scjaffol^s ^^^^* ^^* ^9^i dlS.-r-l^is
Funeral Sermon by Dr. Qre^i^i ibid. 3D|« —
His liCtter to Iretbn, in Ansvrer to his. p^m-
moi)s of the Isle of Ma^n, ibi4. 32Q, — xiis *
Declaration respecting his determination to
hold the Isle of Man for the King, ibi4- ib. \
'- — Sentence asiaipst Sir T. !^etherstonhaugh
and Captain Benbow, ibid,^ll.— £xf^ut?on
of Sir T. Fetherstonhanghy ibid. ib.
DERING, Sir Edward .-^Proceedings ag«iDst
him on an Impeachment, by the Houf^ of
ComVnons, for High Crimeii and Misdem^a-
nonm, ip contriving apd presenting the I^ent-
ish Petition, 18 Car. 1, 1642, 4 vol. 151.— ,
tie escapes from the Custody of the Ser-
jeant at Arms, ibid. 153.r— ^rtic)es of im-
peachment against him, ibid. 154.
DERWENTWATER, James, Earl oi— Pro-
ceedings ia Parliament against him, with
William Lord Widdrington, William' Earl of
Nithisdale, Robert Earl of Carnwath,
WilHara Viscount Kenmure, and William
Lord Nairn, upon an Impeachment for High
Treason, 2 Geo. 1, 1716, 15 yol. 761.— Mr,
Lecbmere's Speech in the Hous.e of Condons
on the Motion for their Impeacbipejity ij^id.
ib. — Articles of Jmpeachment carried up to
the House of Lords, ibid. 770. — Thp Articles
of Impeachment, ibid. 779.-— Lor4 Derwept-
vt^ater's Answer, plea4iQg.puilty to the Ar-
ticles, ibid. 784. — Lord Widdringtoin's
Answer, also pleading Guilty, ibid. 786.—
Lord Nithisdale's Answer, also pleading
Guilty, 788. — The others plead Guilty, ibid.
790. — ^Tbe Lord High Steward passee Sen-
tence upon them, ibid. 796.— The Loids
Widdrington, Camwath, and Nairn, are re-
prieved and afterwards pardloped, ibid. 8,0^*
-rThe others are ordered for Execution, ibid,
ib. — Lord Nithisdale escapes, ibid. ib.-rLord
Derwentwater's Speech from th,e Sca^old,
ibid. ib.~t/>rd Kenmure*s Letter toa Noble-
man the day before his Execution, ibid. Q^S.
—His pxecutiojQ, ibid. 806.
DESPARD, Edward Marcus.^His Trial at
Newington for High Treason, under a Special
Commission of Oyer and Terminer, 43
Geo. 3, 1803, 28 vol. 345.— Lord Ellenbo-
rough's Charge to the Grand Jury, ibid. 347.
— The Indictment, ibid. 359.— *The Attorney
General's Speech for the Prosecution, ibid.
363. — Evidence for the Prosecution, ibid.
886.— Mr. Serjeant Best's Speech in his De-
fence, ibid. 434. — Evidence for the Prisoner,
ibid. 460. — Mr. Gumey's Spefcb on sum-
ming up the Evidence for the Prisoner^ ibid.
462. — Reply of the Solicitor General, ibid.
469.— Lord Ellenborough's Charge to tiie
Jury, ibid. 485. — ^The Jury find Um Guilty,
but recommend bim tp Mercy, ibid. 5^4.--*
iLord Elienborough passes Sentence of Death
upon him and several others, tried ijinder the
same Commission, ibid. 525.^ — He is exe-
cutcijiy ibid. 52^.
DESPENSER, Hugh, and Ht^ Le, Fater
and S9^,--J«denlj^Bg.Qf Copfe^er^ ijf t(^
TH? STATU TRIALS.
3&
%l9 !^4 B^i»n5 ^fpim them. 13 Edw, 2,
1^0^ 1 vol. 23.— Article^ of Qiarge against
Hi^f ibid. 24. — Av^ard qf 3api«h!Tient and
Blsh^nsoi) 9gai|isi therp, ibid. 27. — Act of
Qrace for all Felonies and IVansgressions
comipitted Ibiy \he Earls a^d Batons in the
Pco9ecatiQp of t{ieni^ il^id. 28, — Award of
B^ui^hq^ept against tdeBespenser^ repealed,
upon their Petitiops, ihid. SQ. — iiord paeon's
Remarks upon the Charge against them, 2
v«l. 599. — Despenser, the Father, is taken l>y
Queen Isabel, and banged, 1 vol. 36. — De-
fpensep, thq Son, taken, ibid. ib.-^Sii Wm.
Tmssel'^ Address to hina in passing Sen-
tence, ibid. ib. — He is a\so banged, ibid. 38.
— Proceedings in Parliament in the Reign
of Edward the Third, and Richard theSeeond,
respecting the Exile and Disherison of the
Despensers, ibid. ib.
pWBREVX, Jqj>i[^.— pisTrial befrre a Court
IKartlai ip f relan^y for Rebellion, 40 Qeo. 3,
1799-1800, 27 vol, 1137 —Evidence against
hr^ib;id- ib. — llvidepceforthe Pefence,ibid.
1 1 55. — The Prisoner's Speech on his Defence,
ibid. 1179.— He i§ sentenced to Transporta-
tion for J.ife, ibid, ^190.
DEVONSHIRE, Wtlliam, Earl oi-mProeeed-
ittga against him in the Kin§% Benek for
assanlting Cofonel Culpepper in thd King's
Palace^ 3 Jac. 2, 1697, 11 vol. 1353.-r^The
InformatioI^ ibid. ib. (B9te).— He pleads his
Pnvilege in abatement, ibid. 1 3^4. -r-. His Plea,
ibid. 1355 (note).— The Court avermle his
Plea, and b« confesses the Information, ibid.
1 3 j^T.— Sentence of the Court, ibid. ib.-r— J^ir-
guments against the Legality oi these Pvocaed-
ings, it»d. ib>— Proceedings in the Hause of
Lords In bis Case, aftettheRtTolution, ibid.
1367.
PJQBY, Sir Everard.-.-Pe i^ arraigned at West-
mister for fiigh Treasop^ io being concern-
ed in the Powder Plot, 3 J[ac. 1, 1606, 2 vol.
187. — He confesses, the Indictment, ibid. ib.
— Judgment passed upon him, ibid. 194. —
His Execution, ibid. 215.
DI6BY, George, Lord. See Bti^ol, GtorgCy
Marl of, — Proceedings again&t him for High
Ti^asoo, 17 Car. 1, 1642, 4 voL 133.— Ar-
ticles of Impeachment against bim,ibid. 138.
— Lord Clarendon's Character of him, ibid.
1^ (note). — Further Accovnt of hjun, ibid.
139 (note>
DINGLEY, Thomas. See Fvrtescuey Sir
DISNEY, William.— His Ttial-, under a Spe-
cial Commission at Southwack, for High
Treason, in publkhing a traitorous Deafera^
tion at the time of the Duke of Moomouth's
Rebellion, 1 Jac. 2, 1685;, 11 xo\. 465.— He
is conTicted and executed, ibid. 46^. —
Account of his Behaviour at the place of
Execution, ibid. 467.
PODP, Saq^D^l, Counsel. —His Speech in De-
fence of Dr. Sachevet^.to,th(?3^^WJ^ Article
of Impeachment^ If vol, 292. — His Speech
upon the Third Article, ibid. 818.-^His
Speech upon the Fourth Article, ibid. S44.
t)ODDERIDGE, Siv John, Judge of K. B.
3 vqI. 359.— He i^ one of the Commissioners
for the Trial of the Murderers of Sir Thomas
Overbury, 14 Jac. 1^ 1616, ^ vol. 952.— |Ie
is one of the Judges to v^hom \\^e Case of
Archbishop Abbot, for accidentally killing
lord Zoucn*s Keepf r, was referred By Janaes
the First, ibid. 11 61 .'-His Ansvrer in ^e
Hous^ of X^rd^^ when questioned fbr his
Judgment in the Court of King's Bench, in
the Case of Sir Thomas DarneU, 3 vol. 103.
DODDJNGTON, Mr.-rHis Speech on opep^
ing the Evidence on one of the Article^ of
Impeachment against Lord Chancellor Mac«
clesfield, 16 vol. 822.
DOLBEN, Sir WilUam, King% Seijeaat, and
Recorder of London. — He opens the Indict*
ment on the Trial of the E^trl of Pembrokf
in the House of Lords, for Miirder, 6 vol.
1321. — He is called as a Witness on one of
theTria^ls ojf Gates fox P^juryy 10 v«i, 1172.
DOLBEN, Sir WilKam, Judge of K. B. 1^ voL
172, 233, 261, 706, 830, 869, 964, HS^T, 8
vo^. 250„ 457, 502, 9 vol. 127, 11 vol. OTl.
— His Charge to the Jury on the Trial of
Thomas Thwin^ and Mary Pressicksy for
Tres^spn, J voK 1177.— Bunwt says, that he
was dismissed from his Office in coiKsequence
of his not being clearly for the Crown in the
Ca^e of the Qiio Warranto against the City
of t^on^on, 8 vol. 1 039 (note).
DONNELLY, Thomas.— Hi» Trial vrhh Nicho-
ias Farrell, Laurence Begley, and Michael
Kelly, at Dublin, tnder a Special Commission
% High Treason in If^eing con^eriped in ^l^e
Iri^h Insiij^iseotions 43 Geo* 3^1803, 2^ voh
1069.— Th^ Jndicl^ften^ ibid- ib.— Evidence
against them, ibid. 1075L.-T-ldr. Mac NaUy's
Speech in thieic De$ence> i>idi- 1085. — Evi-^
deoee los the Prisonei;s, ibid. 1Q91. — The
iufy, t^d them Guilty, ibid. 10197. — l^bey are
executed^ ibid.. 1Q9S.
DQRAN, Jxjseph.— His Tr^l at Dublin, undet
a Special Commission of Oyer and Terminer^
for High Treason, in being copcerned in. the
Irish Insurrection, 43 Geo. 3, 1803, 26. vol.
1041.— The Indictment, ibid. 1042,— Evi-
d^i^ce for the Prosecution, ibid. 1045.— Mr.
Mac Nally's Speech for the Prisoner, ibid.
1053.-T-Evidence for the Pci^pjti/^i^ ibijDl.
1055. — He is acquitted^ ibidc 1970.
DQRMER, Robert, Counsel, 7 vol. 96f.—
He states the Case for the Prosecution, on
the trial of Eli2aJ)eth Cellier, for a Lib^l, 7
vol. 1188.
DORSET, Edvcf^d, Earl of.— His Speech in
the Sltar-Chamber, Qn delivering his gpinion
respecting (he Sentence upon Prynne,. for
publishing Hi3trio^mastiX| 3 vol* ^$2.— -Bis
P2'
J
36
GENERAL INDEX TO
Panegyric upon Henrietta Maria, Queen of
Cbaries the Firsts ibid. 584.
DOUGLAS, Niel.— His Trial in the High
Court of Justiciary in Scotland, for Sedition,
57 Geo. 3, 1817, 33 vol. 633.— The Indict-
ment, ibid. ib. — Interlocutor of Relevancy,
ibid. 637. — Evidence for the Prosecution,
ibid. 638. — Evidence for the Panel, ibid.
661. — ^The Solicitor General declines press-
ing for a Conviction, but urges the Jury to
find a Verdict of Not Proven, ibid. 673. —
Mr. Jeffrey contends for a Verdict of Not
Guilty, ibid. 677. — The Jury unanimously
find him Not Guilty, ibid. 681.
DOVER, Henry, Eari of. See Northampton,
Spencer, Earl of,
DOVER, Simon. See Brewster, Edward.
DOWNES, John, 5 vol. 1005, 1210. See
Regicides,
DOWNES, William, Chief Justice of K. B. in
Ireland. — His Argument on delivering his
Judgment in the Case of Judge Johnson, 29
vol. 202. — ^His Charge to the Grand Jury
assembled under a Special Commission in
the County of Sligo in Ireland, for the Trial
of the Threshers, 30 vol. 1. — ^His Argument
on delivering the Judgment of the Court
against the Plea in Abatement, in the Case
of Dr. Sheridan, 31 vol.611. — His Charge
to the Jury on the Trial of Dr. Sheridan, for
a Misdemeanour, under the Irish Conven-
tion Act, in attending the Election of a
Member in an Assembly of Roman Catho-
lics, ibid. 745. — His Charge on the Trial of
Thomas Kirwan,for a similar Misdemeanour,
. ibid. 909.— His Charge to the Jury on the
Trial of Hugh Fitzpatrick, for a Libel upon
the Duke of Richmond, ibid. 1229.
DOWNIE, David.— His Trial at Edinburgh,
for High Treason, under a Special Commis-
sion of Oyer and Terminer, 34 Geo. 3, 1794,
24 vol. 1 . — Counsel for the Crown and for the
Prisoner, ibid. ib. — ^Abstract of the Indict-
ment, ibid. 3. — Speech of the Lord Advocate
for the Prosecution, ibid. 6. — Evidence for the
Prosecution, ibid. 19. — Mr. CuUen's Speech
in his Defence, ibid. 121. — Mr. Anstruther's
Reply for the Prosecution, ibid. 167. — ^The
Court sum up the Evidence, ibid. 186. — ^The
Jury find him Guilty, but recommend him to
Mercy, ibid. 192. — ^The Lord Presidentpasses
Sentence upon him and Robert Watt, ibid.
197.— He is afterwards pardoned, ibid. 200.
DRAKARD, John.— His Trial upon an Ex-
officio Information at Lincoln, for a Seditious
Libel, published in the Stamford News, 51
Geo. 3, 1811, 31 vol. 495.— The Indict-
ment, ibid, 536.— Mr. Clarke's Speech for
the Prosecution, ibid. ib. — Mr. Brougham's
Speech for the Defendant, ibid. 509. — Mr.
Cflarke's Reply, ibid. 529.— Mr. Baron
Wood's Charge to the Jury, ibid. 533.— The
Jury find the Defendant Guilty, ibid. 536.
DRAKB| Williamt^ProceediDgs on an Im-'
peachment against him for pubKshing a
seditious Pamphlet, 12 Car. 2, 1660, 5 vol.
1363. — He is called before the House of
Commons, and confesses that he was the
Author, ibid. 1364. — ^The Impeachoienty
ibid. 1366.— The Lords order him to be
apprehended and prosecuted by the Attorney
General, but no further Proceedings sdem
to have been taken against him, ibid. 1368.
DRAPER, Edward Alured.— Proceedings
against him upon an Information in the
Court of King s Bench, for publishing cer-
tain Libels upon the Right Honourable John
Sullivan, arising out of the Proceedings
against Governor Piclon, 46-48 Geo. 3,
1806-1807, 30 vol.959. — Mr.Garrow moves
for a Criminal Information against him, ibid.
ib. — A Rule to show. Cause is granted, ibid.
966.— Serjeant Best shows Cause, ibid, ib*
^-The Rule for a Criminal InfoAnation is
made absolute, ibid. 977. — ^The Information,
ibid . 980. — Trial of the Information, ibid. 990.
— Counsel for the Prosecution and for the
Defendant, ibid. ib. — Speech of Sir V.Gibbs,
• Attorney General, for the Prosecution, ibid. ib.
—Evidence for the Prosecution, ibid. 996. —
Mr. Dauncey's Speech for the Defence, ibid.
1005.— Evidence for the Defendant, ibid.
1017. — Reply of the Attorney General, ibid.
1022. — Lord Ellenborough's Charge to the
Jury, ibidi 1024.— The Jury find the De-
fendant Guilty, ibid. 1029. — ^An Application
for a New Trial is made, and refused by the
Court, ibid. ib. — ^Affidavits on behalf of the
Defendant on the Motion for Judgment,
ibid. 1031. — Affidavits for the Prosecution,
ibid. 1096. — Mr. Daunce/s Speech in
Mitigation of Punishment, ibid. 1040. — ^The
Attorney General's Speecli in Aggravation,
ibid. 1045. — Mr. Garrow's Speech on the
same side, ibid. 1053.— Judgment of the
Court, ibid. 1060. — Proceedings against him
in the Court of King's Bench for a Libel on
William Fullarton, Esq. deceased, ibid. 1063.
— The Indictment, ibid. 1347. — He suffers
Judgment by default, ibid. 1063. — Affidavits
for the Prosecution on his being brought up
for Judgment, ibid. 1365.'-Affidavitsfor the
Defendant, ibid. 1063. — ^Additional Affida-
vits for the Prosecution, ibid. 1089. — Mr.
Garrow's Speech in Aggravation of Punish^
ment, ibid. 1118. — Mr. Nolan's Speech on
the same side, ibid. — 1122.— The Court dis-
charge the Defendant upon his own Recog-
nizance to appear and receive Judgment
when called upon, ibid. 1128.
DREWRIE, Robert.— His Trial at the Old
Bailey for High Treason upon the Statute
of Elizabeth, for returning into England as
a Popish Priest, 5 Jac. 1, 1607, 2 vol. 358.
— He pleads Not Guilty, ibid. 360.— The
Jury find him Guilty, ibid. 362.— He offers
to take the Oath of Allegiance, ibid. 365.—
But afterwards refuses it, ibid. 367. — ^Judg-
ment passed against him, ibidt 369. — His
Execution, ibid, 370.
T HE STATE TRIALS.
07
DRU^TMOND, H. Home, AdTocate.— His
Speech ia Reply to the Objections to the
Aelevancy of the lodictmeDt on the Trial
of William £dgar, for Administering unlaw*
ful Oaths, 33 vol. 169.— His Speech in
Reply to similar Objections in the Case of
M«Kinley, ibid. 329,
DUCK, Arthur. See Rea, Lord.
DUDLEY, Sir Andrew. See Gates, Sir John.
DUDLEY, Edmund. See Empson, Sir Thos,
DUFFIN, Patrick William.— His Trial with
Thomas Lloyd, for a Conspiracy to escape
from theFleet^ and a Seditious Libel, 33
Geo. 3, 1792, 22 vol. 317. — Evidence for
the Prosecution, ibid. 320. — Mr. Lloyd's
Defence. of himself, ibid. 326. — ^They are
both found Guilty, ibid. 356.-^Lloyd stands
in the Pillory, ibid. 357.
DUNCAN, Alison.— His Trial at Edinburgh
with Neil Reidpath and Robert Mitchell for
Mobbing and Rioting in resistance of the
Militia Act, 37 Geo. 3, 1797, 26 vol. 827.—
The Indictment, ibid. ib. — ^The Jury find
them Not Guilty, and they are discharged,
ibid. 840.
DUNCOMBE, Charles.— His Trial at the Bar
of the Court of King's Bench for a Fraud in
the execution of his office as Cashier oi the
Excise, 11 Will. 3, 1699, 13 vol. 1061.— The
Attorney General opens the Case for the
Prosecution, ibid. 1063. — Evidence against
him, ibid. ib. — Speeches of his Counsel in his
Defence, ibid. 1076. — Evidence for him,
ibid. 1087. — He is acquitted, ibid. 1106.
BUND AS, James.— Proceedings against him
in the Court of Justiciary in Scotland for
Leasing-making and Sedition in receiving a
Medal, with a head of the Pretender and a
Seditious Inscription, into the Collection of
the Faculty of Advocates in Edinburgh, 10
Anne, 1712, 15 vol. 715.— The Libels
against him, ibid. 716. — Debate upon their
Relevancy, ibid. 725. — The Court find the
Libels relevant, ibid. 727. — ^The Diet is
afterwards deserted, ibid. ib.
DUNDAS, Robert, Lord Advocate, 35 Geo.
3.— His Speech for the Prosecution on the
Trial of William Skirving for Sedition, 23
vol. 536. — His Speech for the Prosecution
on the Trial of Maurice Margaret for Sedi-
tion, ibid. 679. — His Speech for the Prose-
cution on the Trial of Sir Archibald Gordon
Kinloch for the Murder of his Brother, 25
vol. 968. — His Speech for the Prosecution
on the Trial of George Mealmaker for Ad-
ministering unlawful Oaths, 26 vol. 1158. —
He was afterwards Lord Chief Baron of the
Eicbequer in Scotland, 25 vol. 968 (note).
DUNDEE, John Grahame, of Claverhouse,
Viscount.'"— Proceedings in the Parliament
of Scotland against him and others for High
Treason, 2 Will, and Mary, 1690, 13 vol.
817.— Rtcairn's Epitaph upon him^ ibid.
ib. (note). — Correspondence between him
and Lord Strathuaver, ibid. 818 (note).—
Fountaiuhall's Account of a curious Litiga«
tion between him and Sir John Dalrymple,
11 vol. 945.
DUNN, James. — His Trial in Ireland for
conspiring to murder the Earl of Carhamp^
ton, 37 Geo. 3, 1797, 26 vol. 839.— The
Indictment, ibid, ib.— Speech of the Attorney
General for the Prosecution, ibid. 842. —
Evidence for the Prosecution, ibid. 846. —
Evidence for the Prisoner, ibid. 866. — Mr.
Justice Boyd's Charge to the Jury, ibid. 871.
—The Jury find him Guilty, ibid. 878.— He
receives sentence of Death, and is executed,
ibid. 900.
DUNNING, John, Counsel, 20 vol. 1285, Jil vol.
708 .-^His Argument in ^le Duchess of King-
ston's Case, that a Sentence of the Ecclesias-
tical Court, annulling her first Marriage, is
not a conclusive answer to the Charge of*
Bigamy, 20 vol. 481.— -He is one of the
Counsel for the Prosecution in the Case of
Lord George Gordon, 21 vol. 498. — His
Speech for the Madras Council, ibid. 1139.
— His Argument, in the Case of Leach and
Money, against the power of the Secretary
of State to commit for Libel, 19 vol. 1020.
DUNY, Amy. See Cullender, jRose.
DYER, Sir James, Chief Justice of C, P, 14
Eliz. 1 vol. 957.
EADON, John. See Luddites.
EARBERRY, . —Report of his Case on
a Prosecution for a seditious Libel, 1732,
20 vol. 853.
EARL, Sir Walter. See Darnell, Sir Thomas.
EARLES, John. See Messenger, Peter.
EASTERBY, George. See Codling, William.
EATON, Daniel Isaac— His Trial at the Old
Bailey for publishing the Second Part of
Paine's Rights of Man, 33 Geo. 3, 1793,
22 vol. 753. — The Indictment, ibid. ib. —
Counsel for the Prosecution and for the De-
fendant, ibid. 756. — Mr. Garrow's Speech for
the Prosecution, ibid. 757.— Evidence for the
Prosecution, ibid. 766. — Mr. Felix Vaughan's
Speech for the Defendant, ibid. 767.— The
Recorder's Charge to the Jury, ibid. 778.—
The Jury find him Guilty of publishing, but
not with a criminal intention, ibid. 780. —
After some discussion, this Verdict is record-
ed, ibid. 781. — ^The Defendant's Remarks on
this Case, ibid. 782.— His Trial in the Court
of King's Bench on an Ex-officio Information
for publishing Paine's " Letter to the Ad-
dressers on the late Proclamation," ibid. 785.
—The Information, ibid. ib. — Counsel for the
Prosecution and for the Defendant, ibid 791.
— Speech of the Attorney General for the Pro-
secution, ibid. ib. — Evidence for the Prosecu-
tion, ibid. 797.— Mr. Felix Vaughan's Speech
{qx the Defendant, ibid. 800.— Reply of ih«
dl»
GtNlSRAL INbEX t6
Attorney General, ibid. 813. — ^The Jury find
ft Verdict of Guilty of publishing, ibid. 82S.—
The Attorney General mores, in the ensuing
Term, to have the Verdict entered accordiiu?
to its legal import, ibid. ib. — A Rule to shew
cause is granted, but no furthet Proceedings
are taken in this or the preceding Case, ibid,
ib.— His trial at theOld Bailey for publishing
ft seditious Libel, 34 Geo. ^, 1794, iZ vol.
1013.— The Indictment, ibid. 1014.— Coun-
sel for the Prosecution and for the Defendant,
ibid. ib.--Mr. Fielding's Speech for the Pro-
secution, ibid. lOlt. — Evidence for the Pro-
secution, ibid. 1030.— Mr. Gumey's Speech
in his Defeticc, ibid. 1031.— Summing-up of
the Recorder, ibid. 1047.— The July acquit
him« ibid. 1054.— Hi* Trial in the Court of
Kinff's Inchon ftn&K-ofiScio Information for
publiriiiog ft blasphemous libel, 52 Geo 3,
1812) 31 y<4. 927*— Speech of the Attorney
Geoeral for the Prosecution, ibid. 928. —
Evidence for the Prosecution, ibid. 934. —
Baton's Defence of himself, ibid. 938.— The
Jury find him Guilty, ibid. 950.— Mr. Prince
Smith's Address to the Court in Mitigation
of Punishment, on his being brought up for
Judgment, ibid. 953.— The Court sentence
him to 18 Months Imprisonment, and to
stand in the Pillory, ibid. 958.
EDGAR, William. — Proceedings against him
in the Coutt of Justiciary in Edinburgh for
Administering unlawful Oatlis, 57 Geo. 3.
1817, 33 vol. 145.— *The Indictment, ibid,
ib. — Mr. Crftnstouto'i Argument ibr the
Panel against the Relevancy of the Indict-
ment, ibid. 150. — Mr. Drummond's Argu-
ment for the Prosecution, ibid. 169.-^Argu-
ment of the Solicitor General on the same
side, ibid. 175. — Mr. Clerk*s Argument in
Reply for the Panel, ibid. 187.— The Court
direct Informations upon the Relevancy of
tfie Indictment, ibid. 202. — Second Indfict-
tneUt ig^nst him, ibid* ib.-*-Mr. CraUstoun's
Argument, that it is not competent for the
Court to proceed on a second Indictment
for the same offence, until the first is desert-
ed, ibid. 207.— ^Mr. Drummond's Argument
in support of the Proceeding, ibid. 214. —
Mr. Clerk's Reply, ibid. 217.— A majority
of the Court repel the Objection, but agree
to give forther time to the Panel, ibid. 222.
—Mr. Drommond's Argument against Mr.
Cranstoun*s Objection, that it is not compe-
tent to serve a Second Indictment, during
the pendency of the First, ibid. 244.^Mr.
Clerk's Argument in Reply, ibid. 255.— The
Court decide against the Objection, ibid. 274.
3£DMONSTON, Patrick. See StiHmg, James.
EDWARD THE SECOND, King of England.
— Proceedings relating to his Deposition,
20 Edw. 2, 1327, 1 vol.47.— He is prevailed
itpon to resign the Crown to his Son, ibid. 49.
—He is murdered at Berkeley Castle, ibid. 50.
EDWA&D t«E SIXTH, King of EngUird.--
His WiH, 1 ▼<^. 754.--»Rapin's AeceuM of
the Circumstances under which it was made,
ibid. 761.
EDWARDS, Susannah. See tb^d, Temm
EG AN, James. See Macdmkli Stephen*
EGERTON, Thomas, Solicitor General, 24
Eliz. 1 vol. 1051, 1281, l3224^His Speech
for the Crown upon the Inquisition held
upon the Death of Henry Piercy, Earl of
Northumberland, 1 vol. 1120*
' — n . - .i, ■ ^ Attorney General^ 1 iroL
1327.
-, Lord Keeper. See
EUetmere^ Tiftoimu, Lord. — ^His Deolaration
respecting the tumult at the house of the
Earl of Essex, on his being sent to faidi by
Queen EUEabeth, 1 vol. 1840.
ELDER, John.— Proceedings against him and
William Stewart at Edinburgh for Sedition^
33 Geo. 3, 1793, 23 vol. 25.--the tndict-
ment, ibid. ib. — Steivart is outlawed for
not appearing, ibid. 32. — No forther Pro-
ceedings appear to have been taken against
Elder, ibid. 34.
ELLENBOROUGH, Edward, Loid, Chief
Justice of K. B. See Law^ Edwurd* — 20 voL
546, 30 vol. 538, 863, 1024.->His Charge
to the Jury on the Trial of Codling and
others, in the Court of Admiralty, for casting
away a Ship with intent to defraud the
Under-writers, 28 voh 309.— His Charg« to
the Grand Jury, assembled under a Special
Commission for the Trial of Colonel Despard
for High Treason, ibid. 347. — His Charge
to the Jury on that Trial, ibid. 485. — His
Address to Colonel Despard on parsing
Sentence upon him, ibid. 525.'-His Charge
to the Jury on the Trial of Pc?ltier for a Libel
on Buonaparte, when First Consul of the
French Republic, ibid. 616. — His Charge to
the Jury on the Trial of Michael and John
Hedges for a Conspiracy to defraud ^he
Government by false Vouchers for Work
done in Woolwich Dock -yard, ibid. 1408. —
His Charge to the Jury on the Trial of an
Action brought by Mr. Plunkett, when
Solicitor Genera] in Ireland, against William
Cobbett, for a Libel, 29 vol. 78.-^llis Charge
to the Jury on the Trial of Mr. Justice
Johnson for a Libel, ibid. 498. — His Charge
to the Jury on the Trial of Alexander Davi-
6on» for defrauding Government by means
of false Vouchers, 31 vol. 205.— His Charge
to the Jury on the Trial of Valentine Jones,
for Frauds on the Government, committed
by him, while Commissary General of the
Forces in the West Indies, ibid. 321. — His
. Charge to the Jury on the Trial of Lambert
and Perry for a Libel on George the Tliird
in the Morning Chronicle, ibid. 363. — His
Charge to the Jury on the Trial of John and
Leigh Hunt for a Libel in the Examiner,
ibid. 408. — His Charge to the Jury on the
Trial of Daniel Isaac Eaton, for publishing
a blflsplieifrogs libel, il»id . H9.-^His Charge
THE STATE TRtALS.
3d
lo (te Jntf om tfa6 Tfial of James Watson
ftir High Tteasotj, ibid; 578.
ELLtS, Richard, it toI. 821. See New
£LL£SM£R£, Thomas, Lord^ Lord ChaD-
ceUor. See EgerUmy Thomas, — His Argu-
ment In the £xcheqaer Chamber in the
Case of Ae Postnati, 2 voK 659. — He is
sp'fiointed Lord High Steward fbr the Trials
of the Barl aiid CdunteSs of Sbrewsbuty
for Ae Murder of Sir Thomas OTerbury,
ibid. 952, ^68.
ELUdrrt, Bdniund, ISl vol. 645. See Gra^
Aon, SB' JRkhard,
BLLIOTTj Sir John. — Proceedings against
him, Deiizil HoIHsv and Benjamin Valentine,
apon an Inferraation agaibst them for sedi-
tious Sp^ecbe^ in Parliament, 5 Car. 1,
1629, 8 Tbh 29d.— The Information^ ibid.
320.— Their several Pleas, ibid. 324.— The
Attorney Gene|'al*s Demurrer to the Pleas,
ibid. 3^7.-^Jddgment of Respondeat Ouster,
ibid; 328.-^udginent against them for hot
pleading in chief, ibid. 829.— Writ of Error
brought by Holiisj ibid. 331.— Judgment
teversed in the House of Lords, ibid. 333.
— Arguments of their Counsel upon their
Pl^aS to the Jurisdiction, ibid. 295.— The
Attohiey General's Reply, ibid. 304.— The
Judgment of the Court for the Crown, ibid.
306:— Resolutions of the House of Com-
tQo'n8in164i respecting these Proceedings,
ibid; 310. — The Commons resolve that the
Jodgnient in this Case was illegal and a
breach (^f their privileges, ibid: 319.
ELLIS, Sir William, Judge of a P. 26 Car.
2. — ^His Argument in the Exchequer Cham-
ber for affirming the Judgment of the Court
of Ring's Bench in the Case of Barnardiston
sgaindt Sodmes^ 6 vol. 1070.
ELWES, Sir iervis.— His trial as actessary
before the fact to the Murder of Sir Thomas
Overbury, 13 Jac. 1, 1615, 2 vol. 935.— He
is fouiid Guilty, and executed^ ibid; 942.
BMttJf, Soilomi Counsel.— His Preface to
the Second Edition of the State Trials, 1 vol.
nii.^^His Opinion upon the Queries sub-
mitted to him respecting the Case of Eliza-
beth Canning, 19 vol. 670 (note).
EMMET, Robert. -His 'Trial at Dublin for
High Treason, under a Special Commission
of Oyer and Terminer, 43 Geo. 3, 1803, 28
▼ol. 1097. — ^The Indictment, ibid. 1098. —
Speech of the Attorney General for the Pro-
secution, ibid. 1111. — Evidence for the Pro-
secution^ ibid. 1130. — The Prisoner directs
bis Coun^ei to make no Speech to the Jury,
and to call no Witnesses, ibid. 1157. — Mr.
Plunkett's Reply, ibid. 1158.— Lord Nor-
btity's Charge tb the Jury^ ibid* 1168.-^The
Jury find hitn Guilty^ ibid. 1171— His Ad-
^fHs on being called on for Judgment, ibid.
ib.--He is executed, ibid. 1178. — Extract
«
respecting him from ''The Life of Mr.
Curran by his Son,'' ibid. 1097 (note).
iMPSON, Sir Thomas. — Mr. Hargtave's
Notice of a common Errot amongst Histo-
rians respecting the Attainder of Einpson
and Diudley, 1 vol. 283.— Petitions againfj*t
hinoi and Dudley presented to Henry the
Eighth upon his Accession, ibid 285. — ^They
are called before the Council, ibid. ib. — Einp-
son's Speech to the Council, ibid, ib.-^ Ac-
count of the Charge against them, ibid^ 286.
—They are both committed to. the To Wet,
ibid. ib.^-Account df Empsoti's Origin, ibifl.
ib.— They are both indicted for Constrttctlve
Treason, found Guilty, and attainted, ibid.
287.— They ar6 afterwards beheaded, %
virtue (jff a Special Writ from the King, ibid.
588.— Dudley's Attaihder afterwards re-
versed in Parliament, ibid. ib.
ENTICK, John^ 19 vol. 1029^ See Seigute bf
Papers:
ESTlfcK and CARRINGTON, i9 vol. 10219.
See Seizure of Papers.
ERSKINE, The Honourable Thomas, Colinsel.
— His Speech on shewing cause against a
Rule for a Criminal Information against
Captain . Thomas Baillie, for publishing
Libels on the Directors of Greenwich Hos-
pital, 21 voL 31 J — His Speech in Defence
• of Lord George Gordon, for High Treason,
in being concerned in the No-Popery Riots
in 1780, ibid. 587. — His Speech on shewing
cause against the Motion for putting off the
Trial of Dr. Shipley, Dean of St. Asaph,
ibid. 859. — His Speech in Defence of the
Dean of St. Asaph, on his Trial for publish-
ing Sir William Jones's Dialogue on Grovem-
ment, ibid. 898.— His Speech in the Court
of King's Bench on moving fbf a New Trial
in that Case, ibid. 956. — His Speech in sup-
port of the Rule for a new Trial, ibid. 971.
— His Speech in the Court of King's Bench
for the Council of Madras^ in Mitigation of
Punishment, ibid. 1259. — His Argument ;n
support of a Motion for a new Trial in the
Case of Bembridge, convicted of misconduct
as a Clerk in the Pay Office, 22 vol. 98 —
His Speech in Defence of John Stockdale,
for a Libel on the House of Commons, ibid.
252. — ^Remarks of the Edinburgh Review
upon this Speech, ibid. ib. (note). — His
Speech in Defence of Thomas Paine, on his
Prosecution for publishing the Second Part
of the " Rights of Man," ibid. 410.— His
Speech in Defence of John Frost for Sedi-
tious W^ords, ibid. 488. — His Speech in De-
fence of Perry, Lambert, and Gray, for pub-
lishing in the Morning Chronicle an Address
of the Derby Society for Historical Informa-
tion, ibid. 995. — ^His Speech for the De-«
fbndants on the Trial of Thomas Walker and
others, for a treasonable Conspiracy, 23 vol.
1103.— His Speech in Defence of Thomas
Hardy, for High Treason, 24 vol. 877. —
His Speech in Defence of Home Tooke, for
40
General index to
High Treason, 25 vol. 257. — His Speech on
summing up the Evidence for the Defence
on Stone's Tri^l for High Treason, ibid.
1370. — His Speech in Defence of the Bishop
of Bangor, for a Riot and Assault, 26 vol.
506. — His Speech for the Prosecution on
the Trial of Williams for Blasphemy, ibid.
,660. — His Reply in the same Case, ibid.
696.— His Letter to the Editor of the State
Trials, explaining his motives for returning
bis Retainer for the Prosecution, in VVilliams*s
Case, ibid. 714 (note). — His Evidence on
the Trial of O'Coigly and others for High
Treason, 27 vol. 38. — His Speech in Defence
of Lord Thanet, for a Riot and Rescue, ibid.
868. — His Letter to a Gentleman of the Bar
in Ireland, on the power of .Courts of Justice
to commit for Contempts, ibid. 1019. — His
Speech for John Vint and others, for pub-
lishing a Libel on the Emperor of Russia
in the Courier, ibid. 630. — His Speech in
Defence of Cuthell, for publishing a Sedi-
tious Pamphlet, written by Gilbert Wake-
field, ibid 655. —His Argument for one of
the Prisoners in Codling's Case, for destroy-
ing a Vessel at sea, with intent to defraud
the Underwriters, 28 vol. 274. — His Speech
for the Prosecution on the Trial of Michael
and John Hedges, for Frauds in Woolwich
Dock-yard, ibid. 1326. — He was one of the
Counsel for the Prosecution on the Trial of
William Cobbett, for a Libel on the Lord
Lieutenant of Ireland, 29 vol.1. — His Speech
for the Plaintiff in the Case of Plunkett
against Cobbett, for a Libel, ibid. 61.— -His
Speech for the Plaintiff in the Case of Troy
V, Symonds, for a Libel in the Anti-Jacobin
Review, ibid. 505.
Thomas, Lord, Lord Chancellor.
— He presides in the House of Lords on the
Trial of Lord Melville, 29 vol. 607.
Thomas, Lord, 30 vol. 1344.
ESSEX, Arthur, Earl of. — Burnet's Account
of his implication in the Rye-House Plot,
9 vol. 491. — His Account of his Death, and
of the Suspicions entertained respecting it,
ibid. 504, 513.— Coroner's Inquest held upon
his Body, ibid. 1132. — Trial of Braddon and
Spake, on a Charge of suborning Evidence,
to prove that he was murdered by his
Keepers, ibid. 1127. — Braddon's Arguments
and Statements in Vindication of him from
Burnet's Charge of Self-murder, ibid. 1229.
— Opinions of several Histcrians respecting
his Death, ibid. ib. (note).— Committee of
Lords appointed after the Revolution to
inquire into the circumstances of his Death,
ibid. 1260. — Substance of the Depositions
before the Committee, ibid. 1262.
ESSEX, Frances Howard, Countess of. — Pro-
ceedings- between her and Robert, Earl of
Essex, her Husband, in a Cause of Divorce,
11 Jac. 1, 1613, 2 vol. 785.— -Weldon's Ac-
count of this Prpceeding, ibid. ib. ^note).—
Lady Essex's Libel, ibid, ib.— The Earl's
Answer thereto, ibid. 787. — Depositions in
the Cause, ibid. 788. — Archbishop Abbot's
Reasons against the Divorce, ibid. 794. —
The King's Answer thereto, ibid. 798. — A
Jury of Matrons impaneled to examine the
Countess, ibid. 802. — Entry thereof, Ibid, .
ib. — Sentence of Dissolution pronounced,
ibid. 804.— The Countess marries the £arl
of Somerset, ibid. ib. — Memorial of this
Case by Archbishop Abbot, ibid. 805.-r-
Speech intended to have been spoken thy
Archbishop Abbot in this Case, ibid. 844.—
The King's Letter to the Archbishop re-
specting the Decision in thisCase, ibid. 860.
— Her Trial by her Peers for the Murder of
Sir Thomas Overbury, 14 Jac. 1, 1616, ibid.
951.— She pleads Guilty, ibid. 954.— She is
condemned to be hanged, ibid. 957.-^
Speech intended to have been spoken by
Sir Francis Bacon, had . she pleaded Not
Guilty, ibid. ib. — She is pardoned, ibid.
1005.
ESSEX, Robert, Earl of.— Trial of him, and
Henry, Earl of Southampton, in the House
of Lords, at Westminster, for High Treason,
43 Eliz. 1600, 1 vol. 1333.— They plead
Not Guilty, ibid. 1336.— The Eari of Essex
inquires if he might challenge any of his
Peers, and is answered in the negative, ibid.
1335.— Sir Edward Coke (Attorney General)
states the Charge, ibid. 1237.— They are
both found Guilty, ibid. 1356. — Judgment
of Death against them, ibid. 1357. — The
Earl of Essex is ordered for Execution, but
the Earl of Southampton is reprieved, ibid.
1358. — Account of the Execution of the
Earl of Essex, ibid. 1359. — Expressions
said to have been used by Sir Walter
Raleigh respecting him before his Execu-
tion, 2 vol. 44.
ESSEX, Robert, Eari of, 2 vol. 785. See
Essex, Frances Howard, Countess of.
EVIOT, Peter. See Gowrie, Earl of.
EXETER, Marquis of.— He is tried with Lord
Montacute, by his Peers, for Treason in
uttering Seditious words, 30 Hen. 8, 1538,
1 vol. 479. — ^They are found Guilty, and
Judgment is passed upon them, ibid. ib.
EXMEW, William. See Middlemore, Hrnn^
phry.
*
EYRE, Sir Giles, Judge of K. B. 4 Will, and
Mary, 12 vol. 1244. — He is summoned with
Lord Holt to the House of Lords^ to answer
fcjr the Judgment of the Court of King's
Bench in Caseof ChariesKnowles, claiming
to be Lord Banbury. 12 vol. 1179 (note). —
His Speech in the House of Lords on that
Occasion, ibid. 1180 (note).
EYRE, Giles, Seijeant-at-Law, 4 Geo. 2, 18
vol. 387. — His Speech for Bambridge and
Cqrbett, on an Appeal of Murder, 17 vol,
THE STATE TRIALS.
41
433^ — His Argument of the Special Verdict
in Major Oneb/s Case, for Murder, ibid. 39.
EYRE, James^ Recorder of London, 1 9 vol .1154.
Sir James, Chief Justice of C. P. —
His Charge to the Grand Jury at the Old
Bailey, assembled under a Special Commis^
sion for the Trial of Treasons in 1794, 24
Tol. 200. — Strictures upon this Charge,
ibid. 210 (note). — His Chargd to the Jury
on the Trial of Thomas Hardy for High
Treason, ibid. 1293. — His Charge to the
Juiy on the Trial of Home Tooke, 25 vol.
555.--His Charge to the Jury on the Trial
of Crossfield for High Treason, 26 vol. 190.
£YR£, Robert, Solicitor General, 9 Anne,
15 vol. 655. — His Speech in Reply for the
House of Commons, on the Impeachment
of Dr. Sacheverel, 15 vol. 396.
Sir Robert, Chief Justice of C. P. —
Proceedings of a Committee of the House of
Commons upon a Charge against him of
having visited Thomas Bambridge, and sup-
plied him with Money, while in Prison by
virtue of a Commitment by the House, 17
vol. 619. — His Charge to the Jury on the
Trial of Bambridge for Felony, ibid. 612.
EYRE, Sir Samuel, Judge of K. B. 7 Will. 3,
12 vol. 1291.-13 vol 139, 451.
FABRIGAS, Anthony. — Proceedings in an
Action of Trespass for false Imprisonment and
Banishment, brought by him against Lieute-
nant-General Mostyn, Governor of Minorca,
14 Geo. 3, 1773-74, 20 vol. 81.— Counsel for
the Plaintiff and for the Defendant, ibid . ib. —
Statement of the Pleadings in the Writ of
Error afterwards brought, ibid. 184. — Ser-
jeant Glynn's Speech for the Plaintiff, ibid.
85.— Evidence for the Plaintiff, ibid. 92 —
Serjeant Davy's Speech for the Defendant,
ibid. 99. — Evidence for the Defendant, ibid.
118. — Serjeant Glynn's Reply, ibid. 146. —
Mr. Justice Gould's Charge to the Jury,
ibid. 161. — ^The Jury return a Verdict for
the Plaintiff, with 3,000/ Damages, ibid.
175. — Proceedings on a Motion for a new
Trial, ibid. ib. — Lord Chief Justice DeGrey
delivers the Judgment of the Court against
a new Trial, ibid. ib. — A Writ of Error is
brought in the Court of King's Bench upon
a Bill of Exceptions, ibid. 183.— Record of
the Proceedings in Error, ibid. ib. — The
Bill of Exceptions, ibid. 189. — Assignment
of Errors thereon, ibid. 193. — Mr. BuUer's
Argument for the Plaintiff in Error, ibid.
194. — Mr. Peckham's Argument for the De-
fendant in Error, ibid. 207. — Mr BuUer's
Reply, ibid. 220. — ^The Judgment of the
Court delivered by Lord Manstield, that the
Judgment of the Court below be affirmed,
ibid. 226.
FAGG, Sir John. — ^Proceedings in Parliament
on an Appeal in the House of I^ords by Dr.
Shirley, against biro apd other JNJembers of
the House of Commons, 27 Car. 2, 1675,
6 vol. 1121. — ^He is ordered by the House
of Lords to put in his Answer to a Petition
preferred against him by Dr. Shirley, ibid,
lb. — He petitions the House of Commons
thereupon, ibid. 1122. — Dr. Shirley is sent
for by the Commons to answer for a Breach
of Privilege, in prosecuting a Suit by Peti-
tion of Appeal in the House of Lords
against a Member of the House of Com-
mons, ibid. 1128. — The Commons resolve
that the Appeal is a Breach of their Privi-
leges, ibid. 1133.— The Commons order
that Sir John Fagg be sent to the Tower for
a Breach of Privilege in appearing and
answering to Dr. Shirley's Appeal, ibid.
1 147. — Resolutions of the Commons in sup-
port of Sir John Fagg, ibid. 1166.— The
Parliament is prorogued, ibid. 1170.— Dr.
Shirley renews his Appeal the next Session,
ibid. ib. — ^The Earl of Shaftesbury's Speech
on the Debate respecting the appointment
of a day for hearing the Appeal, ioid. 1171.
—The Lords appoint a day for hearing the
Appeal, ibid. 1181. — ^The Commons again
resolve that the Appeal is a Breach of their
Privileges, ibid. ib. — The Dispute is ended by
another Prorogation ofParliament, ibid. 11 86.
FAIRFAX, Lady. — ^Her singular Conduct at
the commencement of the Trial of Charles
the First, 4 vol. 1005, 1067 (note).
PARREL, Richard. See Metsenger^ Peter,
FARWELL, John. See Thompson, NatfumieL
FAULCONER, Richard.— His Trial for Per-
jury, at the Bar of the Upper Bench, 5 Car.
2, 1653, 5 vol. 323.— Account of the Circum-
stances which gave occasion to this Trial,
ibid. ib. — ^The Indictment, ibid. 335. — ^The
Indictment is found by the Grand Jury, ibid.
337. — ^The first Indictment is withdrawn, on
accountof a defect, and a Second is preferred
and found, ibid. 345.— He pleads Not Guilty,
ibid. 347. — A Trial at Bar ordered, ibid. ib.
— Evidence for the Prosecution, ibid. 348.—
Evidence of his general bad Character given,
ibid. 354. — Evidence in his Defence, ibid.
356.— Reply on behalf of the Prosecution,
ibid. 361. — He is found Guilty, ibid. 365.
FAWKES, Guy. See WinUr, Robert.
FAZAKERLY,Thomas, Counsel.— HisSpeech
in Defence of Richard Francklin, for a
Seditious Libel in the Craftsman, 17 vol. 649.
FIELDING, Robert.- His Trial at the Old
Bailey for Bigamy, in marrying the Duchess
ofCleveland, his former Wife beingstill alive,
5 Anne 1706, 14 vol. 1327.— Tlie Indictment,
ibid . 1328.— He pleads Not Guilty, ibid. ib.
— ^The Counsel for the Crown open the Case,
ibid. 1329. — Evidence against him, ibid.
1332.— His Defence, ibid. 1351.— Evidence
in support of his Defence, ibid. 1352. — Reply
of the Counsel for the Crown, ibid. 1358. —
Mr. Justice Powel's Charge to the Jury,
4i
GfelJfeftAL tNbfeX TO
ibid. )362.-^'Ilie Jury find him Guilty, ibid.
1368. — Hie obtains the Queen's Warrant to
suspend the Execution of his Sentence, ibid,
ib. — Proceedings , in Doctors' Commons
against biro, ibid. i36p. — Definitive Sen-
tence, annulling the Marriage yirith the
Duchess of Cieveiandi ibid. 1370.
F£LL, Margaret. See Crook, John, — Proceed-
ingk dgaibst htir for refUsitig the Oath of
Obedience, 16 Cflti^. H, 1664, 6 vol. 132^.—
Sh« neAi^bs to take the Oath tvhfen it is ten-
dered W hir by a Judge of Assize, ibid. 633.
^She is ibdibted for her refiiisal, ibid. 636.
—The Jury find her Giiiily, ibid. 640.— The
Court pass Judgment of rremunire against
herj ibid. 641.
FfetTdN, John.— His Execution for High
Treason, in 8ettin|; up a traitorous Bull on
uie GaU of the fiishbp of London, 13 Eliz.
1570, 1 Tol. 1085.
PBLTONj Johtti— Proceedings agairiit hini for
ih^ Miirder of the Duke of Buckingham, 4
Car. 1, 1628, 3 ¥dl. 369.— He confesses the
Indictment, and is hangfed, ibid. 87i; — ^The
Judges refuse to order his hand to be cut off,
ibid. ib.
FENNER, Edward, Judge of K. B. 84 Eliz;
1 Tol. 1815, 133^ 2 rol: 576.
FENWICfe, Johil. Sfee WhUebread, thomas.
FENWiCKi Sir Jdhn, Baronet.— Proceedings
in Parliament agdinst him upon a Bill of
Attainder for High Treason, 8 Will, 3, 1696,
13 i6i. 537.— He is brought to ihfe JHLouse of
Comhions, ibid. 539.— The Housd resolve
id bribg in a Bill of Attainder against him,
ibid. 542. ^-^The house resolve, upon Debate,
that triien brought to the Bar, the Serjeant at
Aims shall stand by him at the Bar with the
Mace, ibid. 546. — He is brbught to the Bar,
ibid. ib.--^The Bill of Attainder is read to
him, ibid. 547.— Serjeant Gblild and the
Recorder doen the Evidence agdinst him,
ibid. 548. — His Counsel object to the pro-
duction of Evidence against him to prove
his Guilt generally, ibid. 552. — After Debate,
the Hctuse resolve th^t he shall be allowed
fUrthet timfe to yirodUce his Witnesses, and
that he ilatne them, ibid. 575. — The House
also resolve that the King*s Counsel may
j^rbdtib^ Evidence 16 pi-ove his Giiilt getier-
ally, ibid. 576. — Evidence against him, ibid.
5^0.-^liis Counsel Object to Evideiice, that
Lady Fenwick tampered with one of the
"Witnesses against him, ibid. 581. — I'he
Hoiise, after Debate, resolve to receive the
Evidence, ibid. 588. — His Letter to his Wife,
on being arrested, ibid. 627 (note). — Sir
Thomas Powis*s Speech in his Defence, ibid.
631 . — Sir B. Shower's Speech in his Defence,
ibidi 640.— Reply of Serjeant Gould and the
' Recoirder, ibid. 646. — Debate in the House
of Commons oti the Second Iteading of the
flill Qf Attainder, ibid, 659.— the Bill is
cotnniitted, ibid. 712.— t)ebate on the Third
Readibgi ibid, ib.— the Bill is read ^a third
time in the House of Commons, ibid. 749.
— Prbclsedingsupbn it in the House dt Lords;
ibid. 750.— Bishop Biimet's Reasons for
voting in favour of the Bill> ibid. 751. — ^The
Bill passes the Hovsfe of Lords by a majority
of Seve.n, ibid. 755.— ^Prc^testasainstit, ibid.
756. — Paper delivered hy Sir John Eenivi<^
to the Sheriff^ at the place of Execution, ibid.
757. — ^Watrant for bia Execution^ ibid. 756.
—He is executed, ibid* 768.
FEftGtSSdN, ftbbert, Cou6sM. Sefe I%ph^t,
^kville, Ehtt q/:- fiis trial with Lbtd
Thanet and others fbr k Riot in the Cdilrt
of Justice! 27 vol. 821.~t^H^ ;8 fcm^d GtiiltjTi
ibid. 941 .^Sentence of the Court upon biln,
ibid. 952. — His. Observations updn his df^n
Case, and the points of Law ariaing upon the
Information, ibid. 958. — His Evidence on
the Ttial ot Hardy for High treasoti, H vol.
Ib97.
FERNLEY, John.— His Trial with ^iTilliam
Ring, Elizabeth Gaunt^ ahd Henry Cornish,
at the Old Baily, for High Trfeasdn, in har«
^ bouring Traitors after Monihouth's Rebel-
lion, 1 Jac. 2, 1685^ 11 Vol; 381.— The
several Indictments, ibid. 383. — Tliey . all
glead Not Guilty, ibid. 384, 410.— Trial of
Ling, ibid. 390.— Trial of Fernley, ibid. 398.
—Ring and Fernley are both found Guilty,
ibid. 410.— Triai of Elizabeth Gaunt, ibid.
413.— She is foimd Guilty, ibid. 441.— trial
of Cornish, ibid. 421.— He is found Guilty,
ibid. 448. — Sentence passed upon theln,
ibid. ib. — Fernley arid Ring arfe reprieved,
ibid. 450.-^ornish*s Execution, ibid. 451.
—Elizabeth Gaunt's Execution, ibid. 452.—
BUrnet's Account of her Trial, ibid. 300
(note). — Act of P^irliaraent after the Revo-
lution^ reversing the Attainder of Cornish,
ibid. 454.— Sir John Hatvles*s Remarks upon
Corni:Jh's Trial, ibid. 455.
FERON, Robert. See Ball, a Secular Prksl.
FERRERS, Lawrence, Earl.- His Trial be-
fore the House of Lords, for the Mutder of
John Johnson, 33 Geb. 2^ 1760, 19 vol. 8&5.
— Commission to Lord Henley to b^ Lord
High Steward, ibid. 887. — Certiorari to re-
move the Indictment, with thetleturn to the
same, ibid. 888. -The Indicttiient, ibid. fl91 .
— The Lord High Steward's Addresii to the
Prisoner, Ibid. 892, — He pleads Not Guilty,
ibid. 893.— The Attorney General opens the
■Case for the Prosecution, ibid. 895. — Evi
ddnce ibr (he Pi*0sebuti6n, ibid. 902. — His
Defence, ibid. 922.- -Evidence for the De-
fence, ibid. 923. — He desires that a Written
Defence may be read, ibid. 944. — Reply of
Mr. Yorke, the Solicitor feeneril, for the
Prosecution, ibid. ^45. — ^i'he Lords uudni-
mously find him Guilty, ibid. 956.-^Spfeech
of the Lord High Steward, on prtmottneing
Judgment of Death upon him» ibid* 058.—
Mr. Justice Foster's Report of .IHe Reasons
of the Answers given by the Judges to the
*rHfe StAtE TfetALS.
I»
Questions proposed to them, respecting this
Trial, ibid. 960. — Account of the Execution
of Lord Ferrers, ibid. 973. — ^Lord Emkine's
Remarks upon the Case of Lord Ferrers, in
his Defence of Hadiield, 37 yoI. 1324.
FETHEBSTONHAUGH, Sir Timothy. See
Derhyy Jrnnts Donley ^ Eari cf^
FIELD, Theophilus, Dr. Bishop of LlandafF.
•^Proceedings in Parliament against him,
for Bribery and Corruption, 18 and 19 Jac.
1, 162Q, 2 vol. 1088. — Particulars of the
Charges against him, ibid. 1116. — ^The Con-
sideration of the Charge is referred to Arch-
bishop Abbot, ibid. 1118. — Characteristic
Letter from the Bishop to the Duke of Buck-
ingham, ibid. 11 19.-*- After these Proceed-
ings, he was successively Bishop of St.
David's and Hereford, ibid. 1089 (note).
FIEKNES, Nathanael, Colonel.— His Trial by
a Countil of Wat, for Cowardice, in surrent
d^rin^ the Cit/ and Castle of Bristol, 19
Car. 1, 1643, 4 vt>l. 185.— He is accused by
Mr. Prynn and Mr. Walker, ibid, ib.— Mr.
Prynn contends that the Trial should be
open, ibid. 186.— The Court determine the
contrary, ibid, 190.— Articles of Impeach-
ment against hitn, ibid. ib.-^His Answer
thereto, ibid. 194. — The Prosecutors proceed
to prove the Articles, ibid. 205.-^His De-
fence, with Mr. Prynn's Replies to the
several points thereof, ibid. 225. — ^The
Council find him Ouilty, and sentence him
to death, ibid. 297.-* ue appeals to Parlia-
ment, and is afterwards pardoned, ibid. 298.
—Precedents of Prosecutions for Cowardice,
referred to by Mr. Prynn, ibid. ib.
-^NCH, Sir Heneage, Solicitor General, 12
Car. 2, 6 vol. 971, 6 vol. 229. — His Speech
for the Prosecution, on the Trial of Colonel
Harrison, the Regicide, 5 vol. 1011. --His
Speech in the House of Commons, in the
Debate upon the Proceedings against Lord
Clarendon, 6 vol. 328. — His Speech in the
House of Lords, on Summing up the Evi-
dence against Lord Morley, on his Trial for
Murder, ibid. 778. — His Argument for the
Crown, in the Great Case of Monopolies,
10 vol. 405.
-, Lord, afterwards Baron
Daventry and Earl of Nottingham. — He
presides in the House of Lords as Lord High
Steward, on the Trial of the Earl of Pem-
broke, for Murder. 6 vol. 1317. — Also on
the Trial of Lord Cornwallis, for Murder, 7
vol. 143.
-, Lord, Baron of Da-
ventry, Lord Chancellor. — He presides as
Lord High Steward on the Trial of Lord
Stafford, 7 vol. 1295.
FINCH, Sir Heneage, Solicitor General, 34
Car. 2, 9 vol. 690, 10 vol. 567, 1092*— His
Argument for the Crown in the Case of the
Quo Warranto against the City of Londoui
8 vol. 1087i — His Speech on sumtaing up
the Evidence for the Prosecution, oh the
Trial of Lord William Russel, 9 vol. 625.—
His Speech on summing up the Evidence
for the Prosecution on the Trial olf Algernon
Sidney, ibid. 880. — His Speech in Reply
for the Prosecution on the Tri&l of Lord
Delamere. for High Treason, 11 vol. 586,—
His Speecn in Reply for the Prosecution on
the First Trial of Gates, for Perjury, io vol.
Ii99. — His iSpeech in Reply^ on Oates*s
Second Trial, ibid. 1291.
FINCH, Sir John, Speaker of the HoUte of
Commons. — He is held forcibly in the Chair,
While the Hou^^ t>f Cothnion^ pass c6Hain
Resolutions, 3 vol. ^^^^--^^His Speech tO the
Kitog, on delivering the Answer of the Com-
mons to several Messages. coiiVeyed to them
during tlie Debates bn the LibeHy of tlie
Subject, ibid. 165.
' ' . ' ■ ■ - - ^ • » Chief Justice «f G* P; 3
vol. 717, 810.— His Speeeh in the Star-
Chamber, on delivering his Gpiniod respect-
ing the Punishment to be infiieted on Dr.
Williams, Bishop of Lincoln, for speaking
scandalous Words of the Governments ibid.
785. — He was one of the Judges who sigiied
the Opinion in favour of Ship-Money)- ibid.
844. — His Argument in the Exchequer
Chamber, in favour of Ship-Money^ ibid.
1216. See Finchf John, Lord.
-^ John, Lord, Baron Fprdwich, Lord
Keeper.— Proceedings in Parliament acainst
him for High Treason^ 16 Car. 1^ 1640,
4 vol. L — He petitions to be admitted to
speak for himself in the House of Com-
mons, which is granted, ibid.ib.^His Speech
on that Occasion^ ibid. ib. — His Explanation
of his conduct in refusing to put a question,
when Speaker of the House of Commons,
ibid. 3* — His Account of the means by which
the Opinion of the Judges was obtained, in
the Case of Ship-Money, ibid. 4. —He says
that Croke and Hutton signed that Opinion
only for Conformity, ibid. 6.— His Account
of his Argument in the Case of Ship-Money,
ibid. ib. — He is voted a Traitor by th(2 Com-
mons, and they resolve to impeach him of
High Treason, ibid. 9. — He escapes into
Holland, ibid. 10. — His Letter to the Lord
Chamberlain from thence, ibid. ib. — ^Articles
of Impeachment againt him, ibid. 11. — They
are presented to the Lords, ibid. 15. — The
Lords require him to appear and answer,
but he does not surrender, ibid. 18. — At the
Restoration, he was one of the Commis-
sioners for the Trial of the Regicides, 5 vol.
986 (note).
FINERTY, Pelef.— His Trial in Ireland, for
publishing a Seditious Libel. 38 Geo. 3, 1797^
26 vol. 901 .— NarraiiVe of thd circumstanced
which gave rise to this Trial, ibid. ib. — The
Indictment, ibid. 92d.-^Speeich of the At^
torney General for the Prosecution, ibid.
927.-— EviddDce for the Prdsdcution, ibid.
44
GENERAL INDEX TO
935.— Mr. Fletcher's Speech for the Defend-
ant, ibid. 951. — Evidence for the Defendant,
ibid. 961. — Mr. Curran's Speech, on Sum-
ming up the Evidence for the Defendant,
ibid. 964. — Mr. Prime Serjeant's Reply,
ibid. 992. — Mr, Justice Downes's Charge to
the Jury, ibid. 1003. — The Jury find him
Guilty, ibid. 1008. — His Address to the
Court on being brought up for Judgment,
ibid. 1009. — Mr. Justice Downes passes the
Sentence of the Court upon him, ibid. 1011.
—Account of the Proceedings against Wm.
Orr, out of which this Prosecution arose,
ibid. 906.
FINNEY, Patrick.— His Trial in Ireland, for
High Treason, 38 Geo. 3, 1798, 26 vol. 1019.
— The Indictment, ibid. ib. — Mr. Curran
moves on his behalf to postpone the Trial^
ibid. 1030. — The Court refuse the motion,
ibid. 1037. — Speech of the Attorney General
for the Prosecution, ibid. 1045. — Evidence
for the Prosecution, ibid. 1053. — Mr. Mac
Nally's Speech for the Prisoner, ibid: 1078.
' — Evidence for the Prisoner, ibid. 1091. —
Mr. Curran's Speech on summing up the
Evidence for the Prisoner, ibid. 1099. —
Reply of the Solicitor General, ibid. 1113. —
Mr. Justice Chamberlain's Charge to the
Jury,ibid. 1122. — Mr. Baron Smith's Charge,
ibid. 1128. — ^The Jury acquit the Prisoner,
ibid. 1132.
FISHER, John, Bishop of Rochester. — His
' Trial for High Treason, in denying the King's
Supremacy, 26 Hen. 8> 1535, 1 vol. 395. —
Account of his previous Prosecutions, one of
which was for Misprision of Treason, in con-
cealing the predictions of Elizabeth Barton,
the Holy Maid of Kent, against the King,
ibid. ib. — Character of the Report of this
Trial, ibid. 397. — ^Names of his Judges, ibid,
ib. — ^Tlie Indictment read, ibid. 399. — Pleads
Not Guilty, ibid. ib. — Mr. Rich's Evidence,
and the Bishop's Answer to it, ibid. ib. — He
states that his Opinion against the King's
Supremacy was given in the way of counsel
upon the King's demanding it, ibid. 400.
—The Jury find him Guilty, and the
Court pass Judgment of Death against
him, ibid. 402. — Anecdote respecting his
cheerfulness after his Trial, ibid. 403. — His
Conversation with the Lieutenant of the
Tower, when informed that the Order for his
Execution was arrived, ibid. 404. — His
anxiety respecting his dress on the day of
Execution, ibid. 405. — His conduct at his
Execution, ibid. 474.— Anecdote related of
Henry the Eighth, when told of the Pope's
intention to send the Bishop a Cardinal's
hat, ibid. 408. — Burnet's Account of his
Trial, Execution, and Character, ibid. 473.
FITZALAN, Thomas, Archbishop of Canter-
bury — His Impeachment by the Commons,
for High Treason, in advising and procuring
the Commission to the Duke of Gloucester's
Fwtiop, 21 Rio. 2a 1397, t vol. 1^3,— He is
banished, and his Temporalities forfeited to
the King, ibid. 124.
FITZGERALD, Thomas Judkin.— Proceed-
ings on the Trial of an Action in Ireland,
brought ag^nst him by Mr. Wright, for
Assault and Battery, 39 Geo. 3, 1799> 27
vol. 759. — Evidence for the Plaintiff, ibid,
ib. — The Defence, ibid. 763. — Evidence
for the Defence, ibid. 764. — ^The Jury find a
Verdict for the Plaintiff, with £500 Damages^
ibid. 766.— Proceedings in the Irish House
of Commons on his Petition for Indemnity,
ibid. 766.
FITZHARRIS, Edward. — Proceedings in
Parliament against him, upon an Impeach-
ment for High Treason, in being concerned
in the Popish Plot, 33 Car. 2, 1681, 8 vol.
223. — His Examination, ibid. ib.r— The Com-
mons resolve to impeach him, ibid. 227.—
The Lords refuse to proceed upon the Im-
peachment, ibid. 23 1.<— Pretext for their
refusal supplied by Lord Nottingham, ibid«
23 (note). — Debate in the House of Com-
mons thereupon, ibid. 232. — ^Their Resolu-
tions upon the subject, ibid. 236. — The Par-
liament is dissolved before any further
Proceedings can be taken, ibid. 242. — Pro-
ceedings against him in the King's Bench,
on an Indictment for High Treason, in the
same year, ibid. 243. — ^The Grand Jury
require the Opinion of the Court, whether
they can lawfully find a Bill against biro,
pending his Impeachment in Parliament,
ibid. 247. — ^The Court inform them that they
are not to take notice of the Impeachment,
ibid. 249. — He pleads the pendency of the
Impeachment in Abatement, ibid. 251. —
Counsel are assigned him, ibid. 252. — ^The
Attorney General demurs to the Plea, ibid.
272. — ^Arguments for the Demurrer, ibid.
281. — ^Arguments of the Prisoner's Counsel
in support of the Plea, ibid. 282. — Reply of
the King's Counsel, ibid. 311.— The Court,
without giving their Reasons, give Judgment
against the Plea, Dolben Justice dubitante,
ibid. 326. — He pleads Not Guilty, ibid. 327.
—His Trial upon the Plea of Not Guilty, at
the Bar of the Court of King's Bench, ibid.
330. — The Court refuse to examine him,
respecting the Murder of Sir E. Godfrey,
ibid. 331. — Substance of the Indictment,
ibid. 336. — The King's Counsel open the
Case against him, ibid. 339. — Evidence
against him, ibid. 342. — Evidence for him,
ibid. 363. — His Defence, ibid. 377.— Reply
of the King's Counsel, ibid. 379. — Chief
Justice Pemberton's Charge to the Juiy,
ibid. 385.— The Jury find him Guilty,
ibid. 391. — Judgment of Treason passed
upon him, ibid. 392. — Writs of Execution
against him, ibid. 393. — ^His Execution, ibid.
394. — His Declaration while under Sentence
of Death, ibid. 396. — A Narrative of bis
Conversation in the Tower with Dr. Haw-
kiD8| ibid. 399,— Strict! *«» upon this Nar«
TH£ STATE TRIALS.
4iS
ntive, ibid. 411. — Remarks upon bis Trial
by Sir John HaWles, ibid. 425.
FITZHERBERT, Sir Antbony, Justice of
C. P. 26 Hen. 8, 1 vol. 398.
FITZ-JAMES, Sir John, Chief Justice of
R. B. 26 Hen. 8, 1 vol. 387. — He was one
of the Judges who presided at the Trial of
John Fisher, Bishop of Rochester, for High
Treason, in denying the King's Supremacy,
1 vol. 398.
FUZPATRICK, Hugh.— His Trial at the Bar
of the Court of King's Bench in Ireland,
upon an Ex-officio information for a Libel
upon the Duke of Richmond, Lord Lieuten-
ant, 53 Geo. 3, 1813, 31 vol. 1169.— The In-
formation, ibid. ib. — Speech of the Attorney
Genera] for the Prosecution, ibid. 1173.—
Evidence for the Prosecution, ibid. 1185. —
Mr. Burrows's Speech for the Defendant, ibid.
1188. — Evidence for the Defendant, ibid.
1205. — Reply of the Solicitor General, ibid.
121 1 . — Chief Justice Downes's Charge to the
Jury, ibid. 1229.— The Jury find the De-
fendant Guilty, ibid. 1234. — Proceedings on
an Application to the Court to set aside the
Verdict, ibid. ib. — The Motion is refused,
ibid. ib. — On a Notice of an intended Appli-
cation to arrest the Judgment, the Defend-
ant is admitted to Bail, ibid. 1241;
FTTZPATRICK, Laurence. See Audley,
Mervin, Lord. — ^Trials of him, and Giles
Brodway, at the Bar of the King's Bench,
for Rape and Sodomy, 7 Car. 1, 1631> 3 vol.
419.— They are both found Guilty, ibid. 420.
—Letter from the Judges to the Lord Keeper,
respecting their Execution, ibid. ib. — ^They
confess their Guilt at the place of Execution,
ibid. 421.
FLEETWOOD, George, 5 vol. 1005. See
Regicides.
FLEMING, Sir ThoAas, Chief Baron of the
Exchequer, 3 Jac. 1, 2 vol. 159.— His Argu-
ment in the Great Case of Impositions, 2
vol. 387.
, Chief Justice of
K. B. 10 Jac. 1, 2 vol. 770.
FLETA. See Bracton.
FLETCHER, Andrew, of Saltoun. See Mm-
mouthy James, Duke o/i— Mr» Laing's Account
of him, 11 vol. 1049 (note).
FLETCHER, George.— His Trial for High
Treason, in being concerned in the Rebel-
lion of 1745, 20 Geo. 2, 1746, 18 vol. 353.
—Evidence against him, ibid. ib. — His De-
fence, ibid. 357.— The Jury find him Guilty,
ibid. 358. — He is executed, ibid. ib.
FLOWER, Benjamin. — Proceedings on his
Commitment by the House of Lords, for a
Breach of Privilege, in publishing a libel
on the Bishop of Llandaif, 39 Geo. 3, 1799,
27 vol. 985.— Preface to this Case, ibid. ib.
— Order of the House of Lords for bringing
him to the Bar, ibid« 1001 .—His Speech io
the House of Lords, on being brought to the
Bar, ibid. 1004. — Debate in the House,
upon the Punishment to be inflicted upon
him, ibid 1012. — He is committed to New-
gate for Six Months, and until he pays a Fine
of £100, ibid. 1016.— Mr. Clifibrd moves
the Court of King^s Bench on his behalf, for
a Habeas Corpus, ibid. 1021. — ^The Court
grant the Writ, ibid. 1023.— Mr. Clifford's
Argument in the Court of King's Bench, for
his discharge upon the Return to the Habeas
Corpus, ibid. 1025. — ^The Court refuse to
discharge him, ibid. 1062. — Mr. Clifford's
Postcript to this Case, ibid. 1065. — ^The
Bishop of Llandaff's Notice of the Proceed-
ings azainst Flower, in the Anecdotes of his
Life, ibid. 1005 (note).
FLOYDE, Edward.— Proceedings in Parlia-
ment against him, for scandalizing the
Princess Palatine and her Husband, 19 Jac.
1, 1621, 2 vol. 1153. — Sentence of the House
of Commons against him, ibid. ib. — Discus-
sions between the Lords and Commons
respecting a power of Judicature in the
latter, ibid. 1155. — Proceediugs against him
in the House of Lords, ibid. 11 57.— The At-
torney GeneraVs Charge, ibid, ib.— Floyde's
Answer, ibid. 1158. — He is found Guilty,
and sentenced by the Lords, ibid. 1159. —
Extracts from the Oxford Debate^, and the
Parliamentary Journals, respecting these
Proceedings, 8 vol. 92.
FOGG, Christopher. See Kirkby, Colonel
Richard,
FORD, John, Counsel.— His Speech for the
Defendant, on the Trial of John Owen, for a
Libel, 18 vol. 1223. — His Argument for Lord
Lovat, on his Trial for High Treason, in
Support of an Objection to the Admissibility
of the Evidence of Murray of Broughton
against him, ibid. 614.
FORD, William. See Messenger, Peter.
FORDWICH, Lord, ^ee Finch, John, Lord.
FORREST, an Observant Friar.— He was
hanged and burned, in the Reign of Henry
the Eighth, for denying the King's Supremacy,
and holding heretical Opinions, 1 vol. 478.
FORRESTER, Alexander, Counsel. — His
Argument for Lord Lovat, in Support of an
Objection to the Admissibility of the Evi-
dence of Murrny of Broughton against
him, 18 vol. 611.
FORSEITH, Edward. See Dawson, Joseph.
FORTESCUE, Sir Adrian.— He was attainted
and executed, "With Thomas Dingley and
Robert Granceter, in the Reign'of Henry the
Eighth, for denying the King's Supremacy,
1 vol. 482.
FORTESCUE, Sir John. See Aland, Sir John
Fortescue,
FORTESCUE, Sir John. See Goodwin, Sir
Francis.
FORTESCUE. Sir John, Chief Justice, of
England aua tord ChaQcellor,^ChiefJu9«
40
©FNiBAt INDEX f6
iiQfi Fi|K*i in W» Aigumwt ia feTonr of
Stip-MonQy., d^njea tliat Forte^due wa» ever
Lonl Cbsncellor, 3 vol. 122^.
FOSTER. James.— His Account of the beha-
viour or Lord Kilmarnock from the time of
his Trial until his Ei^eciition, 18 vol. 503.
yOSTEB. Midi^el, Co!jQ^^l,r^A<jcoum of a
Tract upqp the Ecclesiastical L^w of J^ng-
Is^lt^y ifritten by hin^ before h^ beoafse a
Judg^y ^ vol. 157 (note).
-——, Serjeant at taw, and Re-
corder gf Bristol. — His Argument in favour
of the legality of Pre^ssing Seamen, contained
m his Charg? to the Jury on the Trial of
Alexander Broadfobt^ for Murder, 18 vol.
1326.— His Charge to the Jury on the Trial
of Captain Goodere and Matthew Mahony,
for theMurderof his Brother, Sir John Dinely
Goodere, 17 vol. 1067.— His Charge to the
Jury on the Trial of Charles White for the
same Murder, ibid. 1089. — ^His Address to
Qoodere, Mahony, and White, on passing
Sentence of Death upon them, ibid. 1091.
-, Sir Michael, Judge of K. B. 20 Geo.
2.— His Arguipent on delivering his Judg-
mei^tin the Case of the Kinlochs, respecting
^he power of the Coi^rt to discharge a Jury
in capital Cases, 18 vol. 40Tr-^His Charge
to the Grand Jury, assembled under a Spepial
Commission at Chichester, for the Trial of
certain Smugglers for the Murder of Wm.
Chater ftnd Daniel Gaily, ibid. 1069. — His
Charge to the Jury on that Trial, ibid. 1106.
— His, Report of Francis Tqwnley's Case,
ibid* 329.T-His Heport of Deacon-s Case,
ibid. 3^6. — His Report of John Berwick's
Cf»s^, ibid* 369. — His Report of Alexander
Mac prowther's Case, ibid, 392.— -His
Report of the C^e of the Kinlochs, ibid.
896.— His Report QfSir John Wedderburn's
Ca^e, ibi4. 42T. — His. Report of Charies
Ratcfiffe's Case, ibid. 429.— ^is Report of
-^neas Macdonald's Case, ibid. 857. — His
Aocount of the steps taken preparatory to
the Trials of the Rebels in 1745, 18 vol. 829.
—His Report of Dr. Cameron's Case, 19, vol.
735. — Hip Report of the Judgment of the
Court in Iftacdaniers Case, ibid. 801.
FOSTER, Sir Robert, Chief Justice of K. B.
13 Gar. 2, 6 vol. 74, 205.— He persuades
Charles the Second to sign the Warrant for
the Execution of Sir Henry Vane, notwith-
af%Q4ii^ the Petitions of both Houses of
parliament on hia behalf, 6 ypl. 188.
FOUNTAINHALL, Lord.— His Notice of the
Case of William Iiowrie, of Blackwood, 9
vol. 1021. — Extracts from his " Decisions ''
respecting the Case of Robert Baillie, of
Jemswoqd, 10 vol, 05^ (note).— His Notice
of Spreuirs Case for Treason, ibid. 727
(note) — Extracts from liis '^ Decisions ^'
respecting the Proceedings against Sir Hugh
Campbell of Cesnock, for Treason, ibi^. 977.
i^Kxtracis res|)ectin^ the C^se of the Earl
qf iQudoMfP, forTi^^sop, ibii, J»4lc— |Iis
Account of th^ proqe^ings against th? Fife-
shire Heritors for absentine ihemselvQ^ frooi
the King's Host, 11 vol. 40. — ^His Nari^tive
of the Case of Charles, Earl of Lauderdale,
and others, foi officii Malversatioivs re^pepl-
ing the Mint of Scotland, ibid. 157.— rflis
Account of the Proceedings in an A^zq of
^rr<>r ^gainst Alexander Blair an4 oljier
Jurprs for returning a false Verdict, ibid.
100. — His Account of the Pypo^edings
against the Lanarkshire Men for peing CQ%-
cerned in the Rebellion at Bothwell Bridge,
ibid. 245 (note). — His Account of the t*ro-
ceedings against Arcl^er and others for
Treason, ibid. 889 (note). — His ApcouBt of
a curious Litigation between Sir John Dai-
ry i^ple and Grahame of Claverhouse, it>id.
946.— -His Notice of the Trial of David
Mowbray for a Tumult in Burgh, ibid. 1003
(note).— -His Account of the Proceedings in
Scotland against persons who co-operated
with the Duke ot Monmouth's Rebellion,
ibid. 1023 (note). — ^His Account of the pro-
ceedings against Dr. Gilbert Burnet, ibid.
1 103 (note). — His Account of the Case of
John Love and others for Rebellion and
Treason, 12 vol. 568. — His Remarjts on the
Ca&e of John Renwick, ibid. 585. — His
Notice of the Case of the Campbells of Allan-
greig, 13 vol. 787 (note^.— His Particulars
tespecting th^ Qkse. of Pa^id RsMllie f^^r
defaming, the DvJce of Queen^ib^ri^y vskd the
Marquist of Anpandale, 14 vol^ 1055,
FQWKE, J[oseph and Fraocis. See Jjfif^o*
comar,
FOWLIS, Sir I>avid.~-PraceediBg^ in^ the
Star-Chambex against him, Su Thotiey^ l^y-
ton, and Henry Fowlis, fer oppos.tn^ the
King's Service, and traducing l^is Oikef s> of
State, 9 Car. 1, 1633, 3 vol. 585— This
Prosecution was promoted by Lord Went-
worth, afterwards Lord Strafford, ibid. ib. —
Information against them, ibid. ib. — ^Their
Answer^ ibid. 590. — Sentence against Sir
David and Henry Fowlis, ibid. 59 1. —
Sic Thomas Layton is dismissed, ibid. 592.
— Sir D. Fowlis and Sir Thoijiias Layton,
were afterwards material \Yitnesses against
Lord Strafford on his Trial, ibid. 1422.
FOWLIS, Henry, ^ee Fowlis^ Sir David.
FOX, Charles James. — His Evidence, on the
Trial of Home Tooke for High Treasp.n, 25
yol. 370. — His Remarks on the Popish Plot,
extracted from his Historical Work, 6 vol.
1403. — His Remarks upon the Executibo of
Charles the First, 4 vol. 1145. — Hia Remarks
on the mode of estimating the degree of
Credit due ta the Peclarations of XXying
Men, 11 vol. 885.
yO.X, George. See Crook, John, — Proceed-
ipgs against him for refusing the. Oath of
Obedience, 16 Car. 2, 1,664^ 6 vol. 629.—
He refusegi th^ Os^th, ibid. 634. -^Judgment
agaii^ hini is uri)^^ on fudefj^ct in ^he
)^ic|mep|9 ibid. 644.-^Tl^e Oath is tender-
ed to bifn ^ain, i^pd op his rQ^usal to t^ke
it, I, n^w Ti^^i^tO^^Q^ ^ PF^ferred against
t^ff^^ ibid. 64IL
FOX, Somerset. Seo Oerftord, ^/afta.
FEAVp£;S, BQ^rt.-rrHis Trial m |he Old
Q^ilej for th^ Murder of Thpma9 Danger-
fift)4, 1 JaQ. J}, 1685, U Tpl. 503,— He is
found pujUy, ^l(i(l< 505.— If i^ Spee<}h at the
)))aQe of Exeicijtiqni il^id- 507.
FRAl^CIA, Francis.-^fiis Trial at the Old
BailejF for High Treason in conapiring to
levy war against the King in favour of the
Prgtefider, 3 Geo. 1, 1717, 15 yol. ^97.—
The Indictment, ibid. 90^.— Opening
Speeches of the Counsel for the Prosecution,
imd. 803.-?-£Tidence ior the Prosecution,
ibid. &13.-7T-Mr. Horace Walpole's Bvidence,
ibid. 915.'TrrHi^ Itefenc^, ibid» Q60.-^£vi-
depce in support of the Defence, ibid* 961. —
Bcp^y of Uiie Cxuinsel for the Prosecution,
. ibid. 975.-«r-The Chief Baron Buiy charges
the Jury» ibid. 985.^— The Jury acquit him,
ibid.ddC
FRANCIS, Ph»ip.r-His Evidence on Hardy's
Trial for High Treason,' 24 vol. 1104.
FRANCRLIN, Richard.— His Trial at West-
minster for rublishing a $editipus Libel in
Ihe praftsptt^n, 5 Qeo. 3^ 1731, 17 vol. 625.
rr-Oj^euing Speeches of the Counsel for the
Prosecution, ibid, ib, — !Evidpnc,e for the
Prosecution, ibid. 636. — Mr. Fazakerly's
Speech in his Defence, ibid. 649.'^Mr.
sootle's Speech on the same side, ibid. 654.
— Evidence for the Defence, ibid. 660. —
The Attorney General's Reply, ibid. 664.^-
Chief Justice Raymond's Charge to the
Jery, ibid. 671. — ^Tbe Jury find him Guilty,
ibid. 676. — He is sentenced to pay a Fine
of 100/. and find Security for seven years,
^d. ib. — Proceedings on a Motion to set
aside the Verdict, 22 vol. 972 (note).
FRANKLIN, Jaro.es,— -His Trial, as an Acces-
sary before the Fact, to the Murder of Sir
Thomas Overbury, 13 Jac. 1, 161 5, 2 vol.947.
— He is fouiid Giiiity, and executed, il?i4. 948.
Fa^SER, Charles, Lord.^Amot's Abridg-
ment of his Trial in Scotland for High
Treason, in proclaiming the Pretender as
Ijivful King; 1693^ 15 vol. 727.
FRASpR, Thomas.*^Proceedings in Scotland
against him. Captain Simon Fraser, after-
f a(4s the cejlebrated Simon, Lord Lovat^
and others for Treason and other Criwes,
10 Will. 3, If 9fe, 14 vol. 349.--Criminal
Letters .^inist thepo,^ Jbid. ib. — Witnesses
against them, ibid. 3^4.— The Asfize find
them Guilty, ibid. 372. — Sentence of Death
f r^Doniced, ibid. 373.-r^Amot says, that this
IS the only instance of a Trial before the
CQyi^jt of Justiciary in the absence of the
ity accused since the Revolutiori; ibid.
>i|ii Remaps u^on this Trial^ ibi(J. ^b.
FMSER^WiUiaii^. ^^^^^ybtff'tm^Ale^0l(l4er.
FREEMAN, Richard. See BUkmgiim, Z!|fw.
FREIJfP, Sir John. See Porlcyns, Sir WiRfgrn.
Cook, iSMrac&.-^His Trial at the Old
Bailey for High Treason in corispiring to pro-
cure and assist in an Invasion from France,
8 Will. 3, 1696, 13 vol. 1.— The Indictment,
ibid. 3.^He pleads Not Guilty, ibid. &-^
The Attorney General's Opening ^peech
fqr fhe Pro^ecutipn, ibjd. 12.-^Evide]^ce
for the Prosecution, ibid. 18.; — He objects
xq the Evidence of Papists agaipsit l^m,
bi^t the Objection is overruled, ibid. 32,
43. — Evidence for him, ibid. ^2.— fhe
Solicitor (GeneraVs RepljS i^jd. 48l— :Lprd
Holt's Charge \o the -Jury, ibid. 55, —
He i^ found' Guilty, ibid. 63.— And sen-
tenced to Death, il)id, 64.— Paper deliveired
by hin^ to the Sheriff at his Execution; ibid.
136. — An Account of what passed at his
Execution, ibid. 406.
FREND, William.— Proceedings ip tbf Uni-
versity of Car^bridge, ^d iii th^ Coi|rt of
King's Bench respecting him, for publish-
ing a Scandalous Pamphlet^, 33 and 34 O.eo.
3, 1793-1794, ?2 vol. 523.— He is cited to
appear in the Vice- Cl^ancellor*s Court, ibid.
526. — Proceedings in ttle Vice-Chancellor's
Court, ibid. 527.— Articles of Accusation,
ibid. 530. — Evidence called hy the Pro-
moter, ibid. 535.— The Promoter sums up
the Eifidenc^, ib^<l, ^p4,'-r■^r. Ffepd^
Speech in his Defence, ibid. 571.— Tlie
Promoter's Reply, ibid. 621. -^The Court
find him Guilty, aai recjuire him to retract,
ibid. 625. — He refuses to sign a Recanta-
tion, ibid. 630,— -The Vice-Chancellor's
Spei^ch on delivering the Sentence of the
Court, ibid. 631. — Sentence of Banishment
passed upon him, ibid. 640. — Mr. Frend
appeals to ihe Court of Delegate^, ibid. 641.
— Proceedings in the Court of Delegates,
ibid. 642. — Mr. Frend states his Causes of
Appeal, ibid. 65T.— The Court of Delegates
confirm the Proceedings in the Vice-Chan-
cellor's Court, ibid. 670. — Proceedings in
the Court of King's Bench, upon an appli-
cation by Mr. Frend for a Mandamus, ibid.
677.— The Court of King's Bench refuse a
Mandamus, ibid. 690. — Mr. Frend's Ac
count of the Grounds on which his Applica-
tion to the Court of King's Bench was
founded, ibid. 701. — ^Proceedings of Jesus
College, Cambridge, against him, ibid. 733.
— ^The Master and Fellows resolve to re-
move him from the College, ibid. 737.-r-ile
appeals to the Visitor, ibid. 738.^— Answer
of the Master and Fellows to ^e Appeal,
ibid. 740.— Mr, Frend's Reply thereto, ibid,
746.— The Visitor dismisses (he Appeal,
ibid. 751. — Mr. Frend applies to the Court
of King's Bench for a Mandamus to the
Visitor, ibid. 752.— The Application is re-
fused, ibid. 753.
FJRXyH, jQlmt— PxQQeedinfs pn a Ch^e of
46
GENEkAL Index to
High Treason against htm for throwing a
Stone at the King, 30 Geo. 3, 1790, 22 vol.
307. — Counsel for the Prosecution and for
the Prisoner, ibid. 309. — A Jury is sworn to
try whether he is sane, ibid. 311. — Evidence
of his Insanity, ibid. 312.— The Jury find
him Insane^ ibid. 318.
FROISSART.-His Narrative of Tresilian's
Apprehension, 1 vol. 116 (note).
FROST, John.— His Trial in the Court of
King's Bench for Seditious Words, 33 Geo.
3, 1793, 22 vol. 471.— The Indictment, ibid,
ib.— Speech of the Attorney General for
the Prosecution, ibid. 474. — Evidence for
the Prosecution, ibid. 482.— Mr. Erskine's
Speech in his Defence, ibid. 488. — ^The At-
torney General's Reply, ibid. 509. —Lord
Kenyon*s Charge to the Jury, ibid. 514. —
The Jury find him Guilty, ibid. 519.— Judg-
ment of the Court upon him, ibid. ib.
DULLER, WiUiam.— His Trial at the Guild-
hall of London, for publishing a Scandalous
L.ibel, 1 Anne, 1702, 14 vol.517.— Proceed-
ings in Parliament which gave occasion to
this Trial, ibid. ib. — The Indictment, ibid.
526 (note). — Evidence against him, ibid.
533. — He is found Guilty, ibid. 536.
FULTHORPE, Sir Roger, Judge of C. P.
See Belkrtap, Sir Robert,
GAGE, Robert. See Ahington, Edward.
GARDINER, Stephen, Bishop of Winchester.
— Proceedings against him for opposing the
Reformation, 5 Edw. 6, 1551, 1 vol. 551.
— Charges against him, ibid. ib. — He is
sent to the Fleet, ibid. 554.— His Letter
respecting the destruction of Images at
Portsmouth, ibid. ib. — His Abuse of the
Lollards, ibid. 555.— ^His Defence of the
Worship of Images, ibid. ib. — His Corres-
pondence with the Lord Protector respect-
ing the Suppression of the Reformation, ibid.
557. — He defends the observance of Lent,
ibid. 567. — ^He contends for the King's dis-
pensing Power, ibid. 583. — Articles pro-
posed to him, with his Answers thereto,
ibid. 602. — ^Letter from the King and Coun-
cil, commanding him to subscribe certain
Articles, acknowledging the King's Supre-
macy, ibid. 621. — He subscribes to these
Articles, ibid. 623. — Other Articles, con-
taining a general Submission to the King,
proposed to him, ibid. 624. — He refuses to
sign the Submission absolutely, and the
other Articles whilst in prison, ibid. 626. —
His Benefices are sequestered, ibid. 627. —
He is called before the Archbishop of
Canterbury and other Commissioners, and
certain other Articles are proposed to him,
ibid. 628. — The Commissioners remove
him from his Bishoprick by a definitive
sentence, ibid« ib. — ^He protests against the
Sentence, ibid. 629. — On the Accession of
Mary he is made Lord Chancellor, and re-
stored to his Bishoprick, ibid. 632. — ^He
was a man of Learning, ibid. ib. — His con-
versation with Sir James Hales, on his ap-
pearance in Westminster Hall to take the
Oath as Judge of C. P. on the Accessidn of
Queen Mary, ibid. 714.
GARDINER, Sir Thomas, Recorder of Lon«
don. — He was one of Lord Strafford's
Counsel, 3 vol. 1472.— He was also assigned
of Counsel for Sir Edward Herbert, on his
Impeachment for High Crimes and Misde-
meanours, 4 vol. 127. — Articles of Impeach*
roent against him, 18 Car. 1, 1642, ibid.
167.
GARLAND, Augustine, 5 voL 1005, 1215.
^See Regicides,
GARNET, Henry.— His Trial at Westminster
for High Treason in being concerned in the
Gunpowder Plot, 4 Jac. 1, 1606, 2 vol. 217.
— Sir Edward Coke opens the Charge against
him, ibid. 219. — Gramet's Defence, ibid.
233. — He says that he knew of the Plot
only from Auricular Confession, ibid. 241. —
The Attorney General replies, ibid. 245. —
The Earl of Nortliampton's Address to
Garnet, ibid. 247, 259. — Garnet excuses
himself that his only Knowledge of the Plot
was derived from Sacramental Confession,
which he was bound not to disclose, ibid.
255.— The Jury find him Guilty, ibid. 259.
— Judgment against him, ibid. 355. — His
Execution, ibid. ib.
GARROW, William, Counsel, 22 vol. 309,
756, 24 vol. 238, 25 vol. 1155, 26 vol.
8, 1218, 27 vol. 821, 28 vol. 356, 529,
29 vol. 1, 423, 30 vol. 990, 31 vol. 83,
121. — His Speech for the Prosecution on
the Trial of Codling and others, for destroy-
ing the Brig Adventure, 28 vol. 185. — His
Speech for the Defendant in the Case of
Troy V, Symonds, for a Libel in the Anti-
jacobin Review, 29 vol. 519. — His Speech
for the Prosecution on the Trial of Governor
Picton for a Misdemeanour in inflicting the
Torture upon Luisa Calderon, in the Island
of Trinidad, ibid. 451. — His Speech for the
Prosecution on the second Trial of Governor
Picton, ibid. 805. — His Speech in Reply in
the same Case, ibid. 849.
, Sir William, Attorney General.—
His Speech for the Defendant on Hatchard's
Trial for a Libel, published in a Report of
the African Institution, 32 vol. 698.
' , Baron of the Exche-
quer. — Ilis Charge to the Jury on the Trial
of Davidson and Tidd for High Treason, in
being concerned in the Cato-street Con*
spiracy, 33 vol. 1481.
GASCGIGNE, Sir Bernard. See Lmu, iSr
Charles,
GASCGIGNE, Sir Thomas.— His Trial at the
Bar of the Court of King's Bench for High
Treason, in being concerned in the Popikh
THE STATE TRIALS.
49
Plot, 32 Car. 2, 1680, 7 vol. 959.— The
Indictment, ibid. 960.^— He pleads Not
dniltjr, ibid. 963.-^The King's Counsel open
the Case, ibid. 967. — Bolron's Evidence
against him, ibid. 970. — Further Evidence
against him, ibid. 999. — Evidence for him,
ibid. 1011. — The King's Counsel reply, ibid.
1032. — Mr. Justice Jones's Charge to the
Jury, ibid. 1036. — ^The Jury acquit him, ibid.
1044. — Account of Bolron, and of the cir-
cumstances which led to his accusation of
Sir T. Gascoigne, ibid. 974 (note).
GATES, Sir John. — He is condemned and
executed, vnth Sir Andrew Dudley, Sir
Henry Gates, and Sir Thomas Palmer, for
High Treason in maintaining the title of
Lady Jane Grey to the Crown, 2 Mary, 1554,
1 vol. 767.
GAUNT, Elizabeth. See Fendey, John.
GAVESTON, Piers.— Proceedings in Parlia-
ment against him in the reigns of Edward
the First and Edward the Second, 1 vol. 21. —
Ordinance of Banishment against him, ibid.
22. — He is put to death by the Earl of
Warwick, ibid. 24.
GAWDY, Francis, Queen's Serjeant, 28 Eliz.
1 vol. 1173, 1233.
, Judge of K. B. 1 Jac. 1,
— He was one of the Judges on the Trial of
Sir Walter Raleigh at Winchester, 2 vol. 1.
GAWDY, Sir Thomas, Judge of K. B. 28
Eliz. 1 vol. 1251, 1315, 1334.— He was one
of the Commissioners appointed to try
Mary, Queen of Scots, 1 vol. 1167.
GAYRE, Sir John, Lord Mayor of London. —
Proceedings against him and other Members
of the Corporation of London, for encourag-
ing tumults against the House of Commons,
23 Car. 1, 1647, 4 vol. 959. — An Account
of the Events which immediately preceded
these Proceedings, ibid. ib. — Articles of
Impeachment delivered against them, ibid.
980. — ^Tbe Proceedings against them are
discontinued, ibid. ^3.
GEDDES, James.— His Trial with John
Crawfoord at Edinburgh, for drinking the
health of the Pretender, and cursing the
King, 1 Geo. 1, 1715, 17 vol. 799.
GERARD of Brandon, J^rd. -— Narcissus
Luttrell's Account of his Trial for High
Treason in being concerned in the Rye-House
Plot, 1685, 10 vol. 1414. — Remarks upon this
Trial in Mr. Attwood's Review of Chief
Justice Herbert's Account of the Authorities
in law upon which the Judgment of the
Court in Sir Edward Hales's Case was
founded, 11 vol. 1305. — He was afterwards
Earl of Macclesfield, and is supposed
to have been the Husband of the celebrated
Countess of Macclesfield, the Mother of
. Savage, the Poet, ibid. ib.
GERPLARO, John.— His Trial before the
High Court of Justice, vrith Peter Vowell
VOIi,XXXXV,
and Somerset Fox, for High Treason in
conspiring to murder the Protector, -^6 Car.
2, 1654, 5 vol. 517. — Fox pleads Guilty,
ibid. 522. — Gerhard and Vowell plead Not
Guilty, ibid. ib. — The Attorney-General
opens the Charge against them, ibid. ib. —
Evidence against them, -ibid* 524. — ^They
are found Guilty, apd sentenced to be
hanged, ibid. 531. — Fox is reprieved, ibid,
ib.— Execution of Gerhard, ibid, ib— ^
Vowell's Speech on the Scaffold, ibid^ 5)37.
GERRALD, Joseph.— His Trial at Edinburgh
for Sedition in being a Member of an un-
lawful Assembly, 34 Geo. ^, 1794, 23 vol. 803.
— He applies to the Court to assign him
Counsel, which is done, ibid, ib, — He objects
to the Lord Justice Clerk sitting on the Bench
during his Trial, on the ground of certain Ex-
pressions charged to have been used by him,
ibid. 808. — ^The Court overrule the Objec-
tion, ibid. 809.— The Indictment, ibid. 814.
— Mr. GilUes's Argument against its Rele-
vancy, ibid. 827.— Mr. Montgomery's Argu-
ment in support of its Relevancy, ibid. 853.
— Argument of the Solicitor General on the
same side, ibid. 865. — Mr. Laing's Argu-
ment in Reply, ibid. 869. — The Court de-
cide that the Indictment is relevant, ibid.
889. — Gerrald objects to one of the Jury
that he had said, ** he would condemn any
Member of the British Convention," ibid.
899. — The Objection is overruled, ibid. ib.
— He objects to another Juror that, he is
Tailor to the King, ibid. 902.— The Objec*
tion is overruled, ibid. 903. — Evidence for
the Crown, ibid.ib. — Speech of the Solicitor
General for the Prosecution, ibid. 933. — Mr.
Gerrald's Speech in his Defence, ibid. 947.
— The Court sum up the Evidence, ibid.
997.— The Jury find him Guilty, ibid. 1002.
— Mr. Gillies objects to the Verdict, ibid.
1003. — ^The Court overrule the Objection,
ibid. 1005. — He is sentenced to Transporta*
tion for Fourteen years, ibid. 1007. — He dies
soon after his arrival in New Holland, ibid.
14J2.
GIBBON, John. See New Romney.
GIBBONS, John.— His Trial before the High
Court of Justice, foe High Treason in plot-
ting against the Commonwealth in corres-
dondence with Charles the Second, 3 Car. 2,
1651, 5 vol. 267. — He petitions for Counsel,
but is refiised, ibid. 269. — He pleads Not
Guilty, ibid. ib. — Substance of the Charge
against him, ibid. ib. — ^The Evidence against
him, ibid. 270. — His Defence, ibid. 274. —
Sentence of Death passed upon him, ibid.
285.— ^His Execution, ibid. ib.
GIBBONS,*John.— His Trial with William
Clarke and Thoriias Greville, for Perjury in
their Evidence on the Trial of Mary Squires
and Susannah Wells, 26 Geo. 2, 1753, 19
vol. 275. — The Indictment against Gibbons,
ibid. 277. — ^They are acquitted ftfr want of
ProsecutioDjibid, 280, SeeCanrnVigi^taa^Aj
£
50
GENERAL INDEX t6
OIBBSy NathlmioL See I^nge, Thomt,
OIBBS^ Vicatt) Counsel^ STtoL 831.>— 96 vol.
185.-^His Defence of Winterbotham for
preaching a Seditious Sermon. 22 vol. 638.
•^His Speech in Defence of Hardy, $4 vol.
111d.^Hi« Speech in Defence of Home
Tooke, 25 vol. 449.
Sit Vicaiy, Solicitor General, 29 vol.
423.
- Attomev General^ 31 vol.
81, 103, ft54, 369.— His Speech for the Pro-
aecntioii on the Trial of Colonel Draper for
a Libel, 30 vol. 990.-->His Speech for the
Prosecution on the Trial of the Editors of
' the Independent Whig for a Libel contained
in Certain Strictares upon a Trial in the
Adttiralty Court, ibid. 1156.^HiB Speech
£oi the Prosecution on the Trial of the same
persons for a Libel on Lord EUenboroogh,
ibid. 1224.
GIFFORD, Sir Robert, Solicitor General—
' His Spejch in Reply on Watson*8 Trial for
High Treason, 32 voK 536.— His Speech in
Reply on the Trial of Brandreth for High
Treason, ibid. 908. — His Speech for the
Prosecution in Tumer^s Case for High
Treason, ibid. 964. — His Reply in Ludlam*s
Case, ibid. 1253.— His Speech for the Pro-
secution in Weightman's Case, ibid. 1308.
iiiii nm i M 1 1 1 ■ ■! ■ -■ Attorney General. —
■MaBMi
His Speech for the Proaecution on the Trial
of liiistlewood for Treason in being con-
certied in the Cato-Street Plot» 33 toU 716.
--•Hia Reply for the Prosecution, on the
Trial of Ings for the same Treason, ibid.
im..^His Speech for the Prosecution, on
Brunt's Trial for the same Treason, ibid.
1181/M.His Reply for the Prosecution, on
the Trial of Davidson and Tidd for the same
Treason, ibid. 1466.
GILBERT, Jeffery, Chief Baron of the
Exchequer in Ireland. — Proceedings of the
Irish House of Lords against him, John
Pocklington, Esq., and Sir John St. Leger,
Rniffht, Barons of the Exchequer in Ireland,
for disobedience to an Order of the House,
5 Geo. 1, 1719, 15 vol. 130 1. —Petition of
the Sheriff of Kildare to the House of Lords,
ibid, ib.— Report of a Committee of the
Lords thereon, ibid. 1304. — Resolutions of
the House upon the Report, ibid. 1314.
GILCHRIST^ James.— He pleads Guilty to
an Indictment for High Treason in being
coQMraed In the Cato-Street Conspiracy,
33 vol. 1541»-^He is pardoned on condition
of being transported for Ufe, ibid. 1566.
GILES, John.-^His Trial at the Old Bailey
for assaulting and attempting to nrarder
John Arnold, esq. 32 Car. 2^ 1680, 7 vol.
1129.— The Indictment, ibid. 1130.— The
Counsel for 4he Prosecution open the Case
against him, ibid. 1131. — ^Mr. Arnold's Evi-
deneei ibid. 1 1 35. — Further Endenoe against
iMtti ibid. 1198.-*|iia D^eace^ ibid. 1144.
>->ȣYidence in support of his Defence^ iMd.
1145^— Jeffdries, the Recorder, chargea the
Jury, ibid. 1152.— He is found Guilfcy, ibid.
1159.— His Sentence^ ibid. ib.
GILLIES, Adam, Advocate.— His Argument
against the Relevancy of the Indictment
against Joseph Gerrald on hi^ Trial for
Sedition in the High Court of Justiciary,
23 vol. 827.
" Lord of Session, 33 vol.
14. — HisArgumenton delivering his Opinion
against the Relevancy of the Indictnaent in
the Case of M*Kinley for Administering
Unlavrfol Oaths, 33 vol. 502.
GLANVILLE, John» Serjeant-at-LaW*— His
Speech at a Conference between the Lords
and Commons respecting the Liberty of the
Subject, 3 vol. 200.
GLANVILLE, Ranulph de, Chief Justice of
England^ temp. Hen. 2. — His Work said by
Mr* Selden to be of slight or no authority
for direction in judgment of the laW| 8 toI.
277.
GLEN, George. See Green, Captain Thomas,
GLENNAN, Andrew.~His Trial in Ireland,
with several others, for a Conspiracy to kill
John Hanlon, 36 Geo. 3, 1796, 26 vol. 437.
—The Indictment, ibid. 438.— Speech of the
Attorney General for the Prosecutioft, ibid.
439« -Evidence for the Prosecution, ibid.
442.— Mr. M'Nally's Speech for the Defend-
ants, ibid. 454. — The Jury find them all
Guilty, eicepting two, ibid. 457. — Lord
Cloomeirs Address on passing Sentence
upon those convicted, ibid. ib.
GLOCESTER, Thomas, Duke of. See 2Ve-
si/ian, jRo6er^.— *He is impeached^ with
Richard Earl of Arundel Thomas, Earl of
Warwick, Thomas Mortimer, and Sir John
Cobham for High Treason in compelling
Richard the Second to make the' Commission
to tlie Council of Thirteen, and for convict-
ing and executing Sir Simon Burleigh, 21
Ric. 2, 1397, 1 vol. 125.— The Eari of
Arundel pleads a special and general Pardon
from the King but is convicted and sen-
tenced to Death, ibid. 130.— The Duke of
Glocester, though dead, convicted, and his
Castles declared forfeited to the King, ibid,
ib. — ^His Confession, ibid. 131. — John Hall-^
Confession of the manner of his Death, ibid.
163.-^The Eari of Warwick is convicted,
and banished for life to the Isle of Mao,
ibid* 134. — Thomas Mortimer makes his
escape^ ibid, ib* — Sir John Cofalmm pleads,
as to the Commission, that all he did in
relation to it was by the King^s licence, and
vnth respect to Sir Simon Burkigh, that he
was told by those then in power, 4at what
he did was accordhig to the King's wish,
ibid. 135*— He is convicted, and banished
to the Isle of Jersey, ibid. 136.
OIiYNNi J«ilD^ C9asati««>^H4» was ^lie of Ae
THfi STATE T&IAXS.
•eat of th« £ari of Stntford, 3 vol, 1421.
»■ ■■ ■ Recorder of London. See
HoQiSf t>enzU. — Proceedings against hiro^
Denzil HoUis, and several other persons on
a Ckargo preferred against them by the
. Army, 23 Car. 1, 1647, 4 vol. 857.
Seijeant-at-LaW| 5 toI. 518,
6 fol. 82« 229.
h*mm
Chief Justice of tho Upper
fiends 8 Car. 2, 1657, 5 vol. 841«
King's Ancient Serjeant. — He
:
I onens the Indictment on the Trial of Lord
F Morley in the House of Lords for Murder,
18 Car. 2, 1666, 6 vol. 776.
GLYNN, John, Seneant at Law.-*-Hi8 Speech
in Defence of John Almon, for publishing
Jantus'8 Letter to the King, 20 vol. 831."—
His Speech in Defence of John Miller, for
re^pristing the same Letter, ibid. 878. — His
Speech for the Plaintiff in the Case of Fabri-
gas V. Mostyn, ibid. 85. — His Reply in the
Mme Cue, ibid. 146
GODFREY, Sir Edmondbury. See Atkins,
iSsmue/.— Burnet*s Narrative of the Circuto-
itances of his Disappearance and Death, 6
vol. 1410, — Trial of Green and others for
murdering him, 7 vol. 159. — Evidence re-
specting uie state of his body when found,
8 vol. 1378,1 389»
GOLDING, Johtt««i^Proceeding8 against him
and others for Piracy, though acting under
a Commission from James the Second, 12
voL 1269.-~>Dr. Oldish's Argument that
they were not Pirates, ibid. ib. — They are
tried and condemned, ibid. 1275. — ^Their
Petition to the House of Peers, ibid. ib.
GOLDWELL, Thomas. See Pole^ Cardinal,
GOODENOUGH, Richard. See FUkingion,
Thomai, ,
GOODERE, Captain Samuel.-*-His Trial with
Matthew Mahony at the Bristol Gaol De-
tivery, before Mr. Serjeant Foster, Recorder,
for the Murder of Sir John Dinely Goodere,
Bart. 14 Geo. 9, 1741, 17 vol. 1003.— The
lodiotment, ibid. ib. — ^They plead Not Guilty,
ibid. 1005. — Mr. Vernon's Speech for the
Prosecution, ibid. 1009. — ^The Witnesses are
ordered to withdraw, at the suggestion of the
Prisoner's Counsel, ibid. 1015. — Evidence
for the Prosecution, ibid. 1016.«-*Mahony's
Confesnon before the Magistrates, ibid.
1053. — Evidence for the Prisoner Goodere,
ibid. 1057. — Reply of the Counsel for the
l^rosecution, ibid. 1064.— The Recorder's
Charge to the Junr, ibid. 1067.-^The Jury
ind them both Guilty, ibid. 1079. — Sentence
is passed upon them, ibid. 1090« — ^They are
executed, ibid. 1094.
GOODMAN, Dr. God^, Biihop of Glo-
GOODMAN, JoKo, a Seoiinuy Piie9t.<*
ceediB^i in Parliament rtspectbg the Kii
Reprieval of him, after he h%d been capitd ^
convicted of High Treason, in remaining
within the realm under the authority of the
Pope> 1 6 Car. 1 , 1641, 4 vol. 59.— The King's
Reasons for reprieving him, ibid^ 60.— I^
Remonstrance of both Houses of Parliament
thereupon, ibid, ib.*— The King agrees to
leave him at their disposal, ibid, 62.—- Good-
man's Petition to the King to be left to the
disposal of the Parliament, ibid. 64.
GOODWIN, Sir Francis,*-The Case betwetn
him and Sir John Portescue, relative to a
return of Members to serve in Parliamont
for the Count]^ of Bucks, 1 James 1, 1604,
2 vol. 91.-*-Dispute between the Kiuj^ and
the House of Commons, respecting his Re-
turn, ibid. 94. — He writes a Letter to the
Speaker and voluntarily vacates his Seat,
ibid. 112.
GORDON, Lord George.— His Trial in the
Court of King's Bench at Westminster for
High Treason, in having promoted the No,
Popery Riots i n 1 780, 21 Geo. 3, 1 781 , 21 vol.
485.— •The Indictment, ibid. 494. — Counsel
for the prosecution and for the Prisoner, ibid.
498. — Speech of the Attorney General for the
^ Prosecution,ibid.499. — Evidence for the Pro-^
secution, ibid. 511. ^-Mr. Kenyon's Speech
for the Prisoner, ibid. 546. — Evidence for
the Defence, ibid. 562, — Mr. Erskine's
Speech on summing up the Evidence for the
Defonce, ibid. 587.--The Reply of the
Solicitor General, ibid. 621.— 'Lord Mans-
field's Charge to the Jury, ibid. 644.-"-The
Jury find him Not Guilty, ibid. 647.^His
Trial on an Ex-officio Information, for a
Libel upon the Judges and the Administia-
tionofthe Law, 27 Geo. 3, 1787, 22 vol.
175.— -The Information, ibid. ib.^-'Cottnsel
for the Prosecution, ibid. 183.—The Attor*
ney General's Speech for the Prosecution,
ibid. ib. — Evidence for the Prosecution, ibid.
187.— The Libel, ibid. 189.— Lord George
Gordon's Speech in his Defence, ibid. 196*
—The Jury find him Guilty, ibid. 209.—
Trial and Conviction of Thos. Wilkins, for
printing the same Libel, ibid, ib, — Wilkins is
pardoned, ibid. 231.— Trial of Lord George
Gordon for a Libel on the Queen of France,
and the French Ambassador, ibid. 213. —
The Information, ibid. 214.— Speech of the
Attorney General for the Prosecution, ibid.
221. — Evidence for the Prosecution, ibid.
226.— He is found Guilty, ibid. 231.7^
Judgment of the Court upon bioi^ ibid. ib.
—His extravagantConduct on being brourii^
into Court t9 give security for his good Be-*
faaviour at the expiration of his imprison-
ment, ibid. 235.-— Being unable to procure
Bail for his good Behaviour, he is remanded
to Prison, and remains there till his death,
ibid. 236.— Mr. Burke's Notice of him, ibid «
1253.
GOBDOH^SuMMtt^WiUJMiy wtA 4Jiz^
£ 2
52
GENERAL INDlEX TO
ander. -* Pi^eedings against them and
others, in Scotland for Treason, 312 Car. 2,
1680| 11 vol. 45. — ^The Indictment, ibid. ib.
— Evidence against them, ibid. Gl.— They are
found Guilty, and Sentence is passed upon
them, ibid. 64.-nThe Council order Alexander
Gordon to be put to the Torture, ibid. 51
(note).
GORING, Lord. See Holland, Earl of.—Ue
was created a Peer by Charles the first in
1628 with the title of Lord Goring, and in
1644 he was advanced to the Earldom of
• Norwich, 4 vol. 1 198 (note).
GOULD, Henry, King's Serjeant.— He con-
ducts the Evidence for the Crown in the
' House of Commons, on the Bill of Attainder
ag^ainst Sir John Fenwick, 13 vol. 546.
Sir Henry, Judge of the Queen's
Bench, 2 Ann, 14 vol. 852.
GOULD, Sir Henry, Judge of C. P. 14 Geo. 3.
— His- Charge to the Jury in the Case of
• Fabrigas v. Mostyn, 20 voU.161.
GOWRIE, John, Earl of. — ^Proceedings in the
Scottish Parliament respecting him, Alex.
Kuthven his Brother, Henry Ruthven, Hugh
Moncrief, and Peter Eviott, for an attempt
to murder James the First, 42 Eliz. 1600, 1
vol. 1359. — ^The Ruthvens, Moncrief, and
Eviott, are summoned, but do not appear,
ibid. 1361. — Depositions of Witnesses re-
specting the Transaction, ibid. 1363. — ^The
Earl of Gowrie and Alexander Ruthven, his
Brother, declared by the Parliament to have
been guilty of High Treason, their Estates are
confiscated, and their Bodies ordered to be
hanged, drawn, and quartered, ibid. 1381. —
The othiers adjudged guilty of Treason, and
their property confiscated, ibid. 1383. — Ac-
c6unt of the Gowrie Conspiracy, from Lord
Somers*s Tracts, ibid. ib.
GRAHAM, John.— His Trial in Scotland
with Alexander Crawfoord, and Wm. Hogg,
for drinking the Pretender's health, 1 Geo. 1,
1715, 17 vol. 1. — The Indictment, ibid. ib.
—Crawfoord confesses the Indictment, ibid.
3. — Information for the King'sAdvocate, ibid .
. 4. — Information for Graham, ibid. 16. — ^Tlae
Court find the Libel relevant to infer an
arbitrary punishment, ibid. 26.— The Assize
find the Libel against Graham and Hogg
. Not Proven, and against Crawfoord Proven,
on bis own Confession, ibid. 29. — ^The Court
fine Crawfoord 50/. ibid. 30.
GRAHAME, John, of Claverhouse. See
Dundee, Viscount,
GRAHME, Sir Richard, Baronet, Viscount
Preston in Scotland.— His Trial with John
Ashton and Edmund Elliott, at the Old
Bailey for High Treason in conspiring to
overthrowthe Government, 2 Will, and Mary,
1691, 12 vol. 645.— The Indictment, ibid.
' 646. — ^Lord Preston, on his Arraignment,
objects that he is a Peer of England, ibid.
- ^58.«i-Tb^ Court oyerrule the objectioa on
' his not being able to produce his Patent; ibid.
656. — ^The Court deny him a Copy of the
Indictment, ibid. 658.— He pleads Not
Guilty, ibid. 665.— Ashton and Elliot, also
plead Not Guilty, ibid. 666.— Tbey elect to
be tried severally, ibid. 673. — ^The Solicitor
General (Somers) opens the Case against
Lord Preston, ibid. 678. — ^Evidence against
him, ibid. 685. — His Defence, ibid. 726.
— Lord Holt's Charge to the Jury, ibid.
730.*— Chief Justice PoUexfen addresses
the Jury, ibid. 741. — ^The Jury find him
Guilty, ibid. 745.— Ashton's Trial, ibid. 747.
— Serjeant Thompson opens the Case, ibid.
749.— Evidence for the Prosecution, ibid.
752.— His Defence, ibid. 788.— He calls
Evidence to his religious Character, ibid.
792. — Serjeant Thompson's Reply, ibid.
800.— Lord Holt's Charge to the Jury, ibid.
803. — Chief Justice Pollexfen's Address
to the Jury, ibid. 810. — He is found Guilty,
ibid. 813. — ^Judgment of Treason is passed
upon them, ibid. 816. — Lord Preston is
pardoned, but Ashton is executed, ibid. 817.
— Paper deliver&d by Ashton to the Sheriff
at the place of Execution, ibid. ib. — ^Pro-
ceedings in the House of Lords upon Lord
Preston's Claim of Peerage, ibid. 744 (note).
GRANCETER, Robert. See Fortetcue, Sir
Adrian,
GRANT, John. See Winier, fiobert
GRAY, James. See Perry, James,
GREAVES, John. See SachevereU, William*
GREAVES, William. See SachevereU, William.
GREEN, Robert. See SachevereU, WiUiam,
GREEN, Robert.— His Trial with Henry
Berry, and Lawrence Hill, at the bar of the
Court of King's Bench, for the Murder of
Sir Edmondbury Godfrey, 31. Car. 2, 1679,
7 vol. 159. — Indictment against them, ibid,
ib.— They plead Not Guilty, ibid. 160.—
Speeches of the Counsel for the Prosecu-
tion, ibid. 162. — Evidence against them,
ibid. 167. — Praunce's Evidence, ibid. 169. —
Evidence for them, ibid. 195. — ^The Attorney
General's Reply, ibid. 210. — Chief Justice
Scroggs's Charge to the Jury, ibid. 213.^
The Jury find them Guilty, ibid. 220.— Sen-
tence of Death passed upon them, ibid.. 222.
— ^Their conduct at the place of Executioo,
ibid. 226. — ^They all declare their Innocence,
ibid. ib. — Account of their behaviour in
Newgate, ibid. 577.— Praunce is afterwards
convicted of Perjury in his Evidence in this
Case, ibid. 228 (note).
GREEN, Captain Thomas.— His Trial, with
several of his Crew, at the High Court of
Admiralty of Scotland, for Piracy and
Murder, 4 Anne, 1705, 14 vol. 1199.— The
Indictment, ibid. 1211. — Defences proponed
by the Panel's Counsel, with the Pursuer's
Answers thereto, ibid. 1223.-T'Peremptory
Defences proponed fgjr. the Pan^i ibidt
THE- STATE TRIALS.
fi»
1242.— The Court repel the Defences/ ibid.
1259. — ^Evidence against the Panels, ibid.
1 26 1 . — Speech of the Ad vocatefor thePursuer,
ibid. 1272. — ^Verdict of Assize against the
Panels, ibid. 1281. — Sentence is passed
upon them^ ibid. 1283. — Green is executed,
ibid. 1284. — ^Confessions and Declarations
made by some of Green's Crew, ibid, ib.-—
Account of the Objections made by the
Panels to the Witnesses, ibid. 1291. —
Paper published after Green*s Execution,
detailing the Circumstances discovered since
the Trial, by which the testimony of the
Witnesses against him was invalidated, ibid.
1294. — Allusion to this Case by Duncan
Forbes, Lord Advocate, in a Speech in the
House of Commons, in 1736, ibid. 1311. —
Aniot's Account of this Case, and its origin,
ibid. 1199 (note).
GREEN, William. See Messenger, Peter.
GREGG, William, — Proceedings against him^
at the Old Bailey for High Treason, in cor-
responding with France, 6 Anne, 1708, 14
vol. 1371.— Burnet's Account of these Pro-
ceedings, and the Circumstances from which
they arose, ibid. ib. (note). — He pleads
Guilty, and Sentence of Death is passed
upon him, ibid. 1375. — ^Proceedings in the
House of Lords upon his Conviction^ ibid.
1376. — ^Letter from the Ordinary of New-
gate respecting his conduct and conversa-
tions while under sentence of Death, ibid.
1389. — Paper delivered by him to the
Sheriffs at the place of Execution, ibid. 1391 .
—Swift's Notices of Gregg's Case, ibid.
1394.
GREGORY, George. See Sacheverell, William.
GREGORY, William, Baron of the Exchequer,
32 Car. 2, 7 vol. 1527, 8 vol. 515, 11 vol.
440. — He is examined as a Witness for the
Defendant on Oates's Trial for Perjury, 10
vol. 1170.
GREVILLE, Thomas. See Gibbons, John.
GREY, Henry, Duke of Suffolk. See Suffolk,
Dukeqf,
GREY, Isaac. See Crook, John.
GREY, Lady Jane. — ^Proceedings against her
for High Treason in assuming the Crown,
1 Mary, 1553, 1 vol, 715. — She is appoint-
ed ^to succeed Edward the Sixth by his Will,
and a Deed of Settlement made with the
consent of the Nobility, ibid. 717. — She is
proclaimed Queen, ibid. ib. — ^Mary's Letter
to the Council, asserting her Title, ibid, ib.—
Their Answer, ibid. 719. — ^The Council for-
sake Lady Jane Grey and proclaim Mary,
ibid. 721. — She is imprisoned in the Tower,
ibid. 722. — Conversation between her and
Feckenham, ibid. 723. — Her Letter to her
Fatiier just before her Execution, ibid. 725.
—Her Letter to her Sister, written at the end
of a Greek Testament, ibid. 726.— She is
behead^,^ ibid. 729.— Ker Behaviour upon
the Scaffold, ibid, 727.— Account of her
Education, ibid. 730. — ^Anecdote related of
her, in Somers's Tracts, ibid. 737. — Account
of her from the Biographia Britannica, ibid.
731. — ^The Instrument by which she was
proclaimed Queen, setting forth the .reasons
for her Claim, ibid. 739.
GREY, Lord Leonard.— His Trial at West-
minster for High Treason, 33 Hen. 8, 154t,
1 vol* 439. —Articles of Accusation against
him, ibid. 441, 442, 444.r-'Being an Irish.
Peer, he is tried by a Common Jury, ibid.
443.— He confesses the Indictment, and is
beheaded, ibid. 444.
GREY, of Ruthen, Charies, Lord. . See Norths
ampton, Spencer, Earl of,
GREY DE WERK, Ford, Lord. See Pilkmg'
ton, Thomas. — His Trial with Robert Char«
nock, Anne Chamock, David Jones, Francis
Jones, and Rebecca Jones, on an Informa-
tion by the Attorney Geperal for a Con-
spiracy to run away with Lady Henrietta
Berkeley, 34 Car. 2, 1682, 9 vol. 127.— The
Information, ibid. 129 (note).— The King's
Counsel open the Charge, ibid. 132.-— Evi-
dence for the Prosecution, ibid. 135. — Mr*
Williams's Defence of them, ibid. 159.—
Lord Grey's Speech for himself, ibid. 164.
— ^Lady Henrietta Berkeley is permitted to
give Evidence for the Defendants, ibid. 173*
— Chief Justice Pemberton's Address to the
Jury,ibid. 178.— Itis admitted by the King's^
Counsel that there is no Evidence against
Rebecca Jones, ibid. 183.— They are all
found Guilty except her, but the matt^ is
compromised, ana no Judgment is entered,
ibid. 186.— Lord Grey's History of the Rye-
House Plot, and of Monmouth's Rebellion,
ibid. 359. — His Letter to James the Second,
confessing his participation in them, ibid..ib.
—His Evidence on the Trial of Lord Dela-
mere, 11 vol. 538.— He gives his Vote in the
House of Lords for the conviction of Lord
Stafford, 7 vol. 1552.— Remarks upon his
Character, 9 vol. 361.
GRIFFIN, Lord.— Account of his Case on an
Award of Execution against him after Out-
lawry for High Treason, 19 vol. 736 (note).
GRIMSTONE, Sir Harbottle.— His Speech
against Archbishop Laud in the House of
Commons, 4 vol. 317.— He was one of the
Commissioners for the Trial of the Regicides,
5 vol. 986.— He was Speaker of the House
of Commons at the time of the Restoration,
ibid. 959.— His Speech in the House of
Commons in the Debate on the Earl of
Danby's pleading a Pardon from the King
to an Impeachment, 11 vol. 784.
GRINDALL, Edmund, Archbishop of Canter-
bury. See &icA«?ere//, Dr.— His Letter to the
Lords of the Council, decliaingto obey the Cir-
cular recommending the Suppression of Pro*,
phesiying, 15 vol. 317,— Remarks on his con-
duct resjpectin^ hi^ Refusal to suppress ^^<k
M
OSKEftAL IKDE!E fO
|4ifpif»iWA.428^»^iU0D«uito<!Bsduiiwter
0itOS£; Naftkv SegeaiU at Lav^ 20 vol 1240,
91vol.md.
Ml SirT^ash, Jtid|e«fK.B.SOTol. 1169.
— ^He was one of uie Judgfes on Hardy's
Xnal for iXigb Treasoo, 24 toL 221 .
CaiOVE, John. See B^foiuZ, ffiStom.
OUBN£Y, Joha, Counsd, 22 vol. 757, 791,
913,^ vol. 185. — Bis Speech in Defence of
£i^D, for pnblbhioig a seditious libel^ 23
vol. 1031. — He was «Be of the Assistant
Counsel for the Prisoner, on Hardy's Trial,
24 vol. 238. — His Speech on summing up
the Evidence for the Defence, on the Trial
«f CroM&eld Sor High Tjneason, 26 vol. 146.
—His Speech in Ddenoe of Bia&s, on his
Trial witb Arthw OXiSoiiiior aad others for,
> BaghTHtaMn, 27 voU 1 < — ^He was of Counsel
for Governor WslX, on his Tital for Muider,
tt wsAm Q4s — ^His Speech on summing upthe
Evidence £or the Defenee of Cokinel jDes-
paid, 410 his Triai for High Treason, ibid.
4^2.
■ ■ ■ King's Counsel. — ^He was
One of the Counsel for the Prosecution on
the Trial of the Persons concerned in the
Cato Street Plot, 33 vol. 711.— His opening
Speech lor the Prosecution on the Trial of
Davidson and Tidd for High Treason, in
being concerned in that Plot, ibid. 1341.
GURNET, Sir Ricbard,Lopd Mayor ofLondon.
—Proceedings by the House of Commons
against him for High Crimes and Misde-
meanours, 18 Car. 1, 1642, 4 vol. 159. —
Articles of Impeachment against him, ibid.
ib. — His Answer thereto, ibid. 163, 164. —
He is committed to the Tower, ibid. 163 . — He
refuses to appoint a Deputy Lord Mayor,ibid .
164. — The Aldermen refuse to elect a Locum
Tenens,ibid.ib.— Sentence against him,ibid.
165. — He refuses to deliver the Sword of
OflBce, but it is taken from him, ibid. 166. —
Xord Clarendon's Commendation of him,
ibid, 159 (note).— Lord Clarendon's Remarks
on these Proceedings, ibid. 161 (note).
aUENEY, William de.— Judgment is given
in Parliament against him and William de
Ocle, for the Murder of Edward the Second,
1 vol. 56« — Record of the Judgment against
them, 13 vol. 1229.
OYBBON, Mr.— His Speech as one of the
Managers for the Commons, in support
of some of the Articles of Impeachment
against Lord Chancellor Macclesfield, 16
vol. 924.
HACKER, Francis, 5 toL 1005, 1176, 1286.
See Bigwidei.
PACKSTOUN, David.— His Trial at Edin-
• burgh for Treason and the Murder of Arch-
Wlhop SJiarp, Z^ Gar. 2^ 1680, 19 yol. 791.
^-The Indictment^ ibid, ib.— 'Evidence
against him, ibid. 926.— His Exsmination
before the Pri^nr Council, ibid. 631 CM|o).
—He is found Guilty, ibid. $43.<^His Sen-
tence, ibid, ib.— His Conduct at the place ol
Execution, ibid. 649. — ^His Account of the
rencounter at Air^s Moss, and what befel
him afterwards, ibid. 634 (note). — Burnet's
Account of his Execution, ibid. 850 (note).
HADFIELD, James.— His Trial at the Bar oi
the Court of King's B&Kh for High Treason,
in shooting at t^ King, 4^ Geo. 8, 1600,
27 voL 1281.^ — Counsel for the Prosecution
and for (he Prisoner, ibid, ib.— The Indict-
nent, ibid. 1283. — ^Tbe Attorney General's
Speech for the Prosecution, ibid. 126C*-
Evideace for the Prosecution, ibid. 1293.—
Mr. Erskine's Speech for the Pmoaer, ibid.
1307« — Evidence for the Prisoner, ibid*
1330. — The Attorney General consents to a
venlict of Acquittal upon the Evidence d
the Prisoner's Insanity, ibid. 1354.
HAGGART, Mr. Advocate.— His Argument
for the Panel in the Debate on the Relevancy,
on the Trial of Fyshe PaUner for Sedition, 23
vol. 255.
HAIGH, James. SeeLuddket.
HAINES, George. See Green, Captain
Thomas,
HAKEWILL, WilUam, Counsel.— His Argu-
ment in the House of Commons againat the
Power of the Crown to impose Arbitrary
Taxes, 2 vol. 407.
HALE, Matthew, Counsel, 5 vol. 425. — He is
appointed one of Archbishop Laud's Counsd
on his Trial, 4 vol. 337. — Heme's Speech on
behalf of Laud said to have been written by
Hale, ibid. 577. — He was of Counsel for
Macguire on his Trial for High Treason,
ibid. 702. — And for James, Duke of HamiU
ton, ibid. 1156. — He argues the Exceptions
to the Charge of High Treason in Love's
Case, 5 vol. 211. — ^He subscribes the En-
gagement to the Commonwealth, ibid, ih,
6 vol. 128 (note).
————— Judge of C. P. during the
Commonwealth, 5 vol. 945 (ncte).— He ii
requii*ed by Cromwell to preside on the Trial
of Colonel Penruddock. ibid. 767 (note).—
His Conduct on discovering that Cromwell
h^d caused a Jury to be packed, in a Cause
to be tried before him, ibid. 938.-^Bumet's
Account of the Reasons which induced him
to accept a Commission from Cromwell, ibid.
946.
■ ' ■ Serjeant at Law. — He was
one of the Commissioners for the Trial of the
Regicides, 5 vol. 986. —His Motion in the
House of Commons during the discussions
respecting the Restoration, for a Committee
to look into the propositions made to Charles
the First, at the treaty of Newport, in order
that from them the Propositions tp b? spn^ to
THE STATE TRIALS.
6a
Cbtries the Second migbt be toned^ ibid.
909.
Sir Matthew, Ckief Baron of the £x-
cbequ^r, 6 yol. 769.— Trial of the Suffolk
Witches before him> 6 vol. 647.— He avows
his belief in Witchcraft, ibid. 700. — He
dissents from the Opinion of the Judges iii
the Case of Messenger, ibid. 899. — His
reesons for his Dissent, ibid. 911 (note). -
His Charge to the Jury on the Trial of Ro-
bert Hawkins for Larceny, ibid. 948. — Ex-
tract from an unpublished Tract written by
him, containing bis Opinion against the right
of the Crown, by the Law of England, to tax
the Subject without the consent of Parlia-
nenty 2 vol. 379.
HALES, Sir Christopher, Attorney General,
25 Hen. 8, 1 vol. 389.
HALES, Sir Edward, BaroneL— Proceedings
against him for neglecting to take the Oaths
of Supremacy and AUegianoe, 2 Jac. 2, 1686,
11 vol. 1165. — Qui tarn Declaration against
him on the Stat* 25 Car. 2, c. 2. ibid. ib. —
He pleads a dispensation from the King, ibid.
1178.--ThePlsuntiff demurs to his Plea, ibid.
1186. — Argument in support of the De-
murrer, ibid. 1187. — Arguments for theDe-
fendant, ibid. 1192. — Burnet's Remarks on
the Arguments at the Bar in this Case, ibid.
1199 (note).— Judgment is given for the
Defendant with the concurrence of all the
Judges, except Baron Street, ibid. 1197. —
Burnet's Notice of these Proceedings, ibid.
1199 (note).— Chief Justice Herbert's Ac-
count of the Authorities upon which the
Judgment of the Court in this Case was
founded, ibid. 1251. — Sir Hobert Atkins's
Animadversions upon Chief Justice Herbert's
Account, ibid. 1267.— -Mr. Attwood's Ob-
servations thereon, ibid. 1280. — Sir Robert
Atkins's Enquiry into the King'fi Dispensing
Power, ibid. 1200. — Sir Edward Hales was
Lieutenant of the Tower at the time of the
Trial of the Seven Bishops, 12 vol. 192.—
He is mentioned as a Prisoner in the Tower
after the Revolution, ibid. 597.
HALES, Sir James, Judge of C. P. 1 Mary,
16 vol. 831.*-He refuses to sivn the Order
for the Succession of Lady Jane Grey, 1
vol. 717. — Conversation between him and
Lord Chancellor Gardiner on his appearance
in Westminster Hall to take his Oath as
Judge, on the accession of Queen Mary, ibid.
714.— Proceedings against him for charging
a Jnry at the Quarter Sessions with Inaict-
ments upon the Statutes of Henrv the Eighth
in favour of the Reformation, 1 Mary, 1553,
ibid. ib. 715. — He is committed to Prison
and attempts to kill himself, ibid. 714. —
He recants and afterwards drowns himself,
ibid. ib.
HALES, WilUam.— HisTrial at the Old Bailey
for forging a Promissory Note, 2 iQeo. 2,
iraa, n rol. t?l,— TM lnd;ctn^nt, J^d.
16ft.— 'The Conniel for the Proseention open
their Case, ibid. 164.— Evidence for the
Prosecution, ibid. 171.— The Defence, ibid.
198«-— Mr. Justice Page's Charge to the Jury,
ibid. 203.— He is found Guilty, ibid. 209.^
His Trial at the Old Bailey for forgipg
several other Notes and Indorsements, 3
Geo. 2, 1729, ibid. ib. — Evidence for the
Prosecution, ibid. 213. — Chief Baron Pen-
gelly's Charge to the Jury, ibid. 219. — His
Trial by the same Jurv for obtainin|^ Money
by false Tokens, ibid. 227. — He is found
Guilty on both charges, ibid. 228. — His Trial
with Thomas Kinnersley at the same Old
Bailey Sessions for forcing a Note of hand,
ibid. 229.— Evidence for the Prosecution,
ibid. 232.— Hales's Defence, ibid. 240.^—
Kinnersley's Defence, ibid. 241. — Evidence
for Kinnersley, ibid, 244. — Chief Baron
Pengelly's Charge to the Jury^ ibid. 250* —
The Jury find them both Gulltyi ibid. 264.<—
Hales's Trial by the same Jury on another
Indictment for obtaining Money by false
Tokens, ibid. 265,— He is found Guilty, ibid.
268. — His Trial with Thomas Kinnendey at
the same Sessions, for forging another
Promissory Note, ibid. 267. — Mr. Justice
Reynolds's Charge to the Jury, ibid. 280. —
They are both found Guilty, ibid. 2BT,^—
Hales's Trial at tlie same Sessions for ano-
ther Forgery, ibid. ib. — He is found Guilty,
ibid. 295.— The Counsel for the Prosecution
press for a corporal Punishment beyond the
Pillory and Imprisonment, ibid, 295.— Sen-
tence passed upon both Defendants, ibid. 296.
HALFORD, Sir Richard, See Sattingi,
Henry,
HALIFAX, Charles, Lord. See SmerSf John,
Lord,
HALL, a Secular Priest.— He is tried with
Robert Feron for Treason, in denying the
King's Supremacy, in the Reign of Henry
the Eighth, 1 vol. 472.— Hall is hanged, and
Feron receives a Pardon, ibid. 473.
HALL, John.— Proceedings against him for
the Murder of Thomas, Duke of Glocester, 1
Hen. 4, 1399, 1 vol. 161,— His Confesfsion,
ibid. 163.— He is condemned and executed,
ibid. 164.
HALL Dr. Joseph, Bishop of Norwich. See
Iwdve Bishopt.
H ALTON, Lord. Set Maiiland Cfiarkt.
HALYBURTON, Alexander.— His Trial with
William Fraser in Scotland, for High Treason,
in surprising a King's Fortress and holding
it against the Government, 4 Wm. and Mary,
1692, 13 vol. 831.— The^ Indictment, ibid.
ib.^The Evidence againlt them| ibid, 835.
-^They are found Guilty and sentenced to
Death, ibid, 841.
HAMILLy Roger, See Bird, Jama*
HAJJIJUTON, 4n4revyCott|iHl,--»ii Sf9§9\^
56
GENERAL INDEX TO
in Defence of Peter Zenp^er on his Trial at
New York, for a Libel upon the. Government
there, 17 vol. 696. — The Corporation of New
York present him with the Freedom of the
City for his Defence on this occasion, ibid.
726.
HAMILTON, James, Duke of, and Earl of
Cambridge. — His Trial for High Treason
before the High Court of Justice, 1 Car. 2,
1649, 4 vol. 1155. — The Charge against him
is for levying war against the Parliament,
ibid. ib. — He pleads, 1st, that he acted under
the Command of the supreme authority in
Scotland : 2nd, that he was an Alien : 3rd,
that he had surrendered himself in war
upon Articles of Capitulation promising
Quarter,ibid. ib. — Counsel are assigned him,
ibid. 1156, — Jividence in support of his
Pleas, ibid. 1157.— His Speech in support of
his Pleas, ibid. 1161. — Summary of the Ar-
guments of his Counsel, ibid. 1162. — Argu-
ments of the Counsel for the Commonwealth,
ibid. 1165.— Mr. SceeVs Argument against
the Pleas, ibid. 11 67.— The Court give Judg-
ment against the Pleas, ibid. 1187. — Sen-
tence of Death is passed upon him, ibid.
1188.— His Address to his Friends previously
to his being taken to the place of Execution,
ibid. ib. — His Speech on the Scaffold, ibid.
1191.— His Execution, ibid. 1193.
HAMILTON, Robert, Advocate.— His Speech
in Defence of Robert Watt, on his Trial in
Edinburgh for High Treason, under a Special
Commission of Oyer and Terminer, 34 Geo.
3, 1794, 23 vol. 1328.— His Argument on a
Motion in arrest of Judgment in the same
Case, 24 vol. 192.
HAMILTON, Sir Stephen. See Constable, Sir
Robert.
HAMMOND, John. See Jackson, William,
HAMPDEN, Sir Edmund. See Darnell, Sir
Thomfis,
HAMPDEN, John. See Kimbolton, Edward,
XoTf/.—proceedings in the Exchequer in the
Great Case of Ship-Money, 13 Car.l, 1637,
3 vol. 825. — Lord Clarendon's Character of
him, ibid. ib. (note).
HAMPDEN, John.— His Trial at the Bar of
the Court of King's Bench for a seditious
and treasonable conspiracy, 36 Car. 2, 1684,
9 vol. 1053. — He was Grandson of the cele-
brated Hampden, ibid. 49 3. »— Burnet's Ac-
count of him, ibid. ib. — The Indictment, ibid.
1053, 1056 (note).— He pleads Not Guilty,
ibid. 1056. — His Counsel challenge a Juror
because he holds an office under the Crown,
ibid. 1057. — Chief Justice Jefferies decides
that this is no ground of Challenge, ibid.
1059. — ^The King's Counsel open the Case
against him, ibid. 1061. — ^The Duke ofMon-
roouth is called as a Witness against him,
but docs not appear, ibid, '1063. — Lord
Ho\?w4'% £videaQj&4 ibidv t064*— Qth^r
Evidence against him, ibid. 1073. — ^Tha
Record of Sidney's Attainder is offered in
Evidence, ibid. 1078. — Mr. Williams's
Speech in his Defence, ibid. ib. — Evidence
for the Defence, ibid. 1086. — ^Evidence of
Lord Howard's Declarations respecting the^
Conspiracy, ibid. ib. — Evidence of Lord
Howard's holding irreligious Opinions ten--^
dered, and refused by the Court, ibid. 1103. —
The Chief Justice's Charge to the Jury, ibid.
1104.— The Jury find him Guilty, ibid. 1 124.
— He is sentenced to pay a Fine of 40,000/.
ibid. 1126.— His Trial at the Old Bailey for
High Treason, 1 Jac. 2, 1685, 11 vol. 479. \
—The Indictment, ibid. 485. — He pleads'
Guilty, ibid. 482. — Sentence is passed upon '
him, but he is afterwards pardoned upon
making a Submission, ibid. 484. — About ten
years afterwards he commits Suicide, ibid,
ib. — His Examination by a Committee of
the House of Lords appointed in 1689 to
inquire, who were the Advisers and Prosecu-
tors of the Murders of Lord William Russel,
Colonel Sidney, and others, 9 vol. 954.
HANSON, Joseph. — His Trial at Lancaster
for a Misdemeanour, in encouraging the
Weavers of Manchester in a Conspiracy to
raise their Wages, 49 Geo. 3, 1809, 31 vol.
1. — Counsel for the Prosecution and for the
Defendant, ibid. ib. — ^The Indictmentyiibid.
2. — Mr. Serjeant Cockell's Speech for the
Prosecution, ibid. 5. — Evidence for the Pro-
secution, ibid. 11. — Mr. Raine's Speech for
the Defendant, ibid. 27. — Evidence for the
. Defendant, ibid. 42. — Mr. Seijt. Cockell's
Reply, ibid. 68. — Mr. Justice Le Blanc's
Charge to the Jury, ibid. 77. — The Jury find
him Guilty, ibid. 81. — Proceedings in the
Court of King's Bench on his being brought
up for Judgment, ibid. ib. — Sentence of the
Court, ibid. 97.
HARCOURT, Sir Simon, Solicitor General,
1 Ann, 14 vol. 989, 1100. — ^His Speech for
the Prosecution on the Trial of Plaagen
Swendsen, for forcibly carrying away Mrs.
Pleasant Rawlins, 14 vol. 361. — His Speech
in the House of Commons on the great Case
of Ashby and White, ibid. 740.
. — His Speech for
Dr. Sacheverell on the Trial of his Impeach-
ment in the House pf Lords, 15 vol. 196.
HARCOURT,' William. See Whitbread,
Thomas,
HARDWICKE, Philip, Lord, Chief Justice of
K. B. 10 Geo. 2, 17 vol. 845,
Lord Chancellor. —
He is appointed Lord High Steward upon
the Trial of the Earls of Kilniamock and
Cromertic and Lord Balmerino for High
Treason, 18 vol. 449. — His Address on pass-
ing Judgment upon them, ibid. 497. — He is
appointed Lord High Steward for the Tri^
of Lord Lovat, ibid. 541.r-Uia Addre»
QQ,pasain|; Jad^m^nt upon Uid^ ibi4% Q93^
THE STATE TRIALS-
57
H ARDY, John.*— His Trial at Edinburgh for
Treason, in uttering seditious expressions
against the King and GoTemment, 4 Jac. 2,
1688, 12 vol. 585.— The Indictment, ibid,
ib.-— The Court decide that the expressions
libelled do not infer the Crime of Treason,
ibid. 596.
HARDY, Thomas.— His Trial for High Trea-
son at the Old Bailey, under a Special Com-
mission of Oyer and Terminer, 35 Geo. 3,
1794, 24 vol. 199.--List of the Grand Jury,
ibid. 200. — Chief Justice Eyre's Charge to
them, ibid, ib.— Strictures on this Charge,
ibid. 210 (note).--The Grand Jury return a
trae Bill against him and twelve others, ibid.
211 .—The Indictment, ibid .224.— List of the
Counsel employed on both sides, ibid. 238.
—Hardy's Arraignment, ibid. 240, 1405.—
Speech of the Attorney General (Sir John
Scott) for the Prosecution, ibid. 241. — Evi-
dence for the Prosecution, ibid. 370. — ^Dis-
cussion of the propriety of separating the
Jury on a proposal tor an Adjournment, ibid.
414. — ^The Jury are provided with beds at
the Old Bailey, and the Court adjourns till
the next morning, ibid. 418. — ^The second
night the Jury, with the consent of Counsel
on both sides, sleep at a Tavern, ibid. 572.
—Mr. i^kine's Speech for the Prisoner,
ibid. 877. — Evidence for the Prisoner, ibid.
971.— Mr. Gibbs's Speech for the Prisoner
at the Close of the Evidence for the Defence,
ibid. 1112.— Reply of the Solicitor General
(Sir John Mitford), ibid. 1167.— Chief Jus-
tice Eyre's Summing up to the Jury, ibid.
1293.— The Jury acquit him, ibid. 1384.
HARGRAVE, Francis, Counsel.— His Argu-
ment against the legality of Slavery, in the
Case of James Sommersett the Negro, 20
vol. 23. — His Argument for the Defendant
in the Case of the Island of Grenada, ibid.
293. — His Preface to the Fourth Edition of
the State Trials, 1 vol. xlvii.— His Preface
to the 11th Volume of the Fourth Edition of
the State Trials, ibid. li.
HARLEY, Edward. See HoUis, DenzU.
BARLEY, Robert, Speaker of the House of
Commons. See Oxford and Mortimer^ Earl of,
— GreggyWiUiam, — His Speech in the House
of Commons on opening the Debate on the
Great Case of Ashby and White, 14 vol. 703.
—His Speech in the Debate on that Case,
ibid. 753. — Burnet's Account of his retire-
ment from the Ministry of Queen Anne, ibid.
1371 (note).
HARRINGTON, James.— He is accused of
being concerned in a Conspiracy against the
Government with the Fifth Monarchy Men,
6 vol. 114 (note). — His Examination in the
Tower by Lord Lauderdale, Sir George
Carteret and Sir Edward Walker, ibid. 115
(note). — Anecdote respecting Cromwell's
Seizure, of hi^ Oceana, as related by Mr.
Ec^ii^t iJik hk Speech in Dofi^noe qf ?aine^
22 vol. 469. — Mr, Erskine*8 Allusion to his
Pedigree, ibid. 468.
HARRIS, Benjamin.— His Trial for selling a
Seditious Libel, 32 Car. 2, 1680, 7 vol. 925.
—Evidence against him, ibid. 928. — His
Counsel object that there is no malice proved,
ibid. ib. — ^The Court decide that this is un-
necessary, ibid. 930. — Chief Justice Scroggs's
Charge to the Jury, ibid. 929. — The Jury
return a Verdict of '' Guilty of selling the
Book," which the Court refuse to receive,
ibid. 931.— -The Juiy find him Guilty gener-
ally, ibid, ib.— The Chief Justice rebukes the
Jury for their hesitation, ibid. ib. — Sentence
passed upon him, ibid. 932.
HARRIS, — Doctor of Civil Law.— His Argu-
ment on the Trial of the Duchess of Kingston
for Bigamy, that a Sentence of the Ecclesias-
tical Court, annulling her former Marriage,
was not a conclusive Answer to the Charge^
20 voL 494.
HARRISON, Henry.— His Trial at the Old
Bailey for the Murder of Dr. Clenche, - 4
Will, and Mary, 1692, 12 vol. 833.— The
Indictment, ibid. ib. — He pleads Not Guilty,
ibid. 834. — Evidence against him, ibid. 839.
— His Defence, ibid. 853. — Evidence in his
Defence, ibid. 854. — Evidence in reply,
ibid. 860.->Lord Holt's Charge to the
Jury, ibid. 864.^The Jury find him Guilty,
ibid. 871. — Sentence of Death is passed
upon him, ibid. ib. — His Behaviour at the
place of Execution, ibid. 872.
HARRISON, John.— He pleads Guilty to an
Indictment for High Treason, in being con-
cerned in the Cato Street Conspiracy, 33
vol. 1544. — ^He is pardoned on condition of
being transported tor Life, ibid. 1566.
HARRISON, Thomas, 5 vol. 998, 1008. 1230.
See Regicides, — Burnet's Account of his
Character, 5 vol. 1008 (note).
HARRISON, Thomas, Clerk.— His Trial in
the King's Bench for insulting Mr. Justice
Hutton, while sitting on the Bench of the
Court of Common Pleas, 14 Car. 1, 1638, 3
vol. 1369.— The Indictment, ibid. ib. 1371
(note). — His Examination, in which he con-
fesses and justifies the Offence, ibid. 1373. —
Speech of the Attorney General for the Prose-
cution, ibid. 1 374. — The Defendant's Speech
tor himself, ibid. 1378.— He is found Guilty,
ibid. 1376, 1380.— His Sentence, ibid. ib. —
Mr. Justice Hutton afterwards recovers
10,000/. against him in an Action, ibid. 1376,
1381.
HARRISON, William.— Narrative of his sin-
gular Disappearance, and of the Trial and
Execution of the Perry s for his supposed
Murder in the year 1660, 14 vol. 1312.
HARSNET, Samuel, Bishop of. Norwich.—
Proceedings in Parliament against him for
Extortion, and other Misdemeanours,. 22
Jac. 1, 1624^ a vol. 11^59^.— Report Q? the
58
GENERAL INDEX TO
Oharges against him, ibid, ib.— His Answer
thereto, ibid. 1255.-^Tbe House of Lords
refer the matter to the High Commission,
but nothing more is heard of it, ibid. 1258.
HART, John Harriott, 30 vol. 1131. See
WhUcy Henry.
HART, Patrick.--<His Trial in Ireland for
High Treason, in acting with a Treasonable
Association called Defenders, 36 Geo. 3,
1796, 26 vol. 387.— Speech of the Solicitor
General for the Prosecution, ibid, ib.— £yi-
. dence for the Prosecution, ibid. 393. — Mr.
Lysaght's Speech for the Defence, ibid. 397.
— Evidence fpr the Defence, ibid. 401. — Mr.
Mac Nally's Speech on Summing up the
Evidence for the Defence, ibid. ib. — Lord
Clonmell's Charge to the Jury, ibid. 409. —
Mr. Justice Chamberlain's Charge, ibid. 414.
— The Jury find him Guilty, ibid. 419. —
Lord Clonmell's Address on passing Sen-
tence upon him and Kennedy, ibid. 420. —
Hart is executed, ibid. 438.
HARTLEY, William. %^q Luddites. >
HARTWELL, John. See Baynton, Sarah.
HARVEY, Edmund, 5 vol. 1005, 1176. See
Begicides,
HARVEY, Sir Francis, Judge of C» P, 4 Car.
1, 3 vol, 359.
HASLERIG, Sir Arthur. SeeKimbolt(m,Edumrd,
Lord, — ^His Speech in the House of Com-
mons in vindication of himself from the
Articles of Treason preferred against him by
Charles the First, 4 vol. 95.
HASTINGS, Henry.— Articles of Impeach-
roent exhibited by the Commons against
him. Sir Richard Halford, Sir John Bale, and
John Pate, for raising Forces against the
Parliament, 18 Car. 1, 1642, 4 vol. 171. —
It does not appear that the Parties impeach-
ed ever put m an Answer to these Articles,
or that any further Proceedings were had
upon them, ibid. 174.
HASTINGS, Warren, Governor General of
Bengal. — ^Trialof Maha Rajah Nundocomar,
and others, for a Conspiracy to charge him
with Bribery and other Offences, 20 vol.
1077.— His Evidence on that Trial, ibid.
1179. — His Evidence on a Trial of the same
S arsons for a similar Conspiracy against Mr.
arwell, ibid. 1200.— Trial of John Stock-
dale for publishing '^ A Review of the prin-
cipal Charges against him,'' 22 vol. 237.
HATCHARD, John.— His Trial at West-
minster for a libel on the Aides-de-Camp
of the Governor of Antigua, and on the
Grand Jury of that Island, published in the
Tenth Report of the Directors of the African
Institution, 57 Geo. 3, 1817, 32 vol. 673.—
Counsel for the Prosecution and for the De-
fcndantjibid. ib.— The Indictment, ibid . 674.
—Mr. Seijeant Best's Speech for the Prose-
jmtion, ibW. 965,— Evidence for the Prose-
cution, ibid.' 691. — ^The Attorney General's
Speech for the Defendant, ibid. 698. — ^Mr.
Justice Abbott's Charge to the Jury, ibid.
713.— The Jury find the Defendant Gailty,
ibid. 718. — Affidavits on behalf of the De-
fendant on his being brought up for Judg-
ment, ibid. 719. — Mr. Scarlett's Speech in
Mitigation of Punishment, ibid. 735. — Mr.
Serjeant Best's Speech in Aggravation, ibid.
741-^ttdgment of the Court that the De*
fendant pay a Fine of 100/. ibid. 752.
HATHAWAY, Richard.— His Trial at the
Surrey Assizes for a Cheat, in pretending to
be bewitched, 1 Anne, 1702, 14 vol. 639. —
The Information, ibid. ib. 641 (note).— The
Counsel for the Prosecution open the Case,
ibid. 642. — Evidence against him, ibid. 648.
—-Serjeant Jenner's Defence of him, ibid.
668. — Evidence for the Defence, ibid. 669.
— ^Lord Holt's Charge to the Jury, ibid. 683.
— The Jury find him Guilty, ibid. 690. — He
is sentenced to pay a Fine of 100 Marks, to
stand three times on the Pillory, to be whip-
ped, and kept to hard labour for half a year,
ibid. 639 (note).— Record of the Judgment
against him, ibid, ib.— His Trial at the same
Assizes with Thomas Wellini^, Elizabeth his
Wife, and Elizabeth Willoughby, for a Riot
and Assault, ibid. 689. — ^The Information,
ibid. ib. (note). — ^They plead Not Guilty,
ibid. 691. — Evidence against them, ibid. 692.
— ^They are all found Guilty, ibid. 696.—
Their Sentence, ibid. 639 (note).
HATSELL, Sir Henry, Baron of the Exche-
quer, 11 Will. 3, 13 vol. 943, 1108, 14 vol.
134. — His Charge to the Jury on the Trial
of Spencer Cowper, and others^ for the Murder
of Sarah Stout, 13 vol. 1187.
HATTON, Sir Christopher, 1 vol. 1095, 1114.
— He was one of the Commissioners for the
Trial of Mary, Queen of Scots, 1 vol. 1167.
HAVERSHAM, John, Lord.— Proceedings
against him for Words derogatory of the
House of Commons, spoken at a Conference
between the Houses of Parliament, 14 vol.
292. — His Answer to the Charge exhibited
against bim by the Commons, ibid. 313.—
The Charge is dismissed by the House of
Lords for want of Prosecution by the Com-
mons, ibid. 322. — His Speech on Dr. Sache-
verell'sTrial, 15 vol. 475.
HAWKINS, Robert.— His Trial at the Assizes
at Aylesbury for Larceny, 21 Car. 2, 1669,
6 vol. 921. — ^The Indictment, ibid. ib. — He
pleads Not Guilty, ibid. 922. — Evidence for
the Prosecution, ibid. 924.— His Defence,
ibid. 937.-— Evidence in support of the De-
fence, ibid. 943.— Lord Chief Baron Hale's
Charge to the Jury, ibid, 948. — The Jury
acquit him, ibid. 952.
HAWLES, John, Counsel, 12 vol. 1297.— He
is assigned for Counsel to CoUedge, on his
Trial for High Treason, 8 vol. 561.— He is
one pf Lord Mohun's Counsel, on his Trial
THE STATE TRIALS.
Ar the Harder of Mr. MountibTd, 12 toI.
1016.
-Sir John, Solicitor General, 7 Will.
69
3, 12 vol. 1367, 13 vol. 149, 461, 14 vol.
151, 532. — His Speech on summing up the
£?id6Dce for the Crown on the Trial of
Chamock, King, and Keyes for High Trea-
lOD, 13 tdL 1 443.— -His Speech for the Crown
on the Trial of Sir WilUam Freind for High
TreascHi, 13 vol. 46. — His Speech for the
Crown on the Trial of Sir William Parkyns
for High Treason, ihid. 119.— His Speech
in the House of Commons in faTour of the
Bill of Attainder against Sir John Fenwick,
ibid. 664.
His Speech in the House
of Commons in the Debate on the Great
Case of Ashby and White, 14 vol. 724.--His
Speech in support of one of the Articles of
ImpeadiaieDt against Dr. Sachevereli, 15
vol. 116.--HiB Remarks upon Fitahkrris's
Trial, 8 ▼01.425.— On Colledge's Trial, ibid.
723^—0(1 the Earl of Shaftesbury's Grand
Jury, ibid. 835.--On Connt Coningsmark's
Trial, 9 vol. 126.->On Lord Russel's Trial,
ibid. 794. — On Algernon Sidney's Trial,
ibid. 999. — On the Award of Execution
against Sir Thomas Armstrong, 10 vol. 123.
--On Bateman's Trial, 11 vol. 473.— On
Coniish's Trial, ibid. 455.--OnMr. Wilmer's
Writ of De Homine replegiando, and the
Quo Warranto against tne City of London,
8 vol. 1347.
HATES, Joseph.--His Trial at the King's
Bench for High Treason in corresponding
with Sir Thomas Armstrong, an outlawed
Traitor, 36 Car. 2, 1684, 10 vol 307.— The
lodictroent, ibid. 309 (note). — Evidence
against him, ibid. 311. — ^He contends that
the Treason charged is proved to have been
committed abroad, and therefore that he
onght to have been indicted under the
Sutute 35 Hen. 8, c. 2, ibid. 814.--The
Court refuse to allow him Counsel, and
overrule the Objection, ibid. 314. — His
Defence, ibid. 316. — Chief Justice Jefferies's
Charge to the Jury, ibid. 318. — The Jury
aoquit him, ibid. 320. — Accounts of this
Case by Burnet and Luttrell, ibid. 307 (note).
HAY, John. See Damley, Henry, Lord, — ^^His
Deposition respecting the Murder of Lord
Damley, Husband to Mary, Queen of Scots,
1 vol. 921.
HEARIiE, John. See Henu, John.
HEATH, Mary.— Her Evidence for the De-
fendant on the Trial of an Action of Eject-
ment, at the Bar of the Court of Exchequer
in Ireland, between James Annesley and
Richard, Earl of Anglesea, 17 vol. 1289. —
Her Trial for Perjury in her Evidence on
that Occasion, 18 vol. 1.— She applies for
the postponement of her Trial, ibid. ib. —
The Trial is postponed, ibid. 7.— Proceed-
ings against a party for forcibly detaining
one of her Witnesses, ibid. ib.^The Prose-
cutors apply to postpone the Trial, ibid. 23.
—This IS refused by the Court, ibid. 38. —
The Indictment, ibid. 46.-'Speech of the
Counsel for the Prosecution, ibid. 50. —
Evidence for the Prosecution, ibid. 53. —
Speech of the Counsel for the Defendant,
ibid. 136. — Evidence for the Defence, ibid.
139. — Mr. Justice Bletanerhasset's Charge
to the Jury, ibid. 189. — Chief Justice Mar-
lay's Charge to the Jury, ibid. 194. — ^The
Jury find her Not Guilty, ibid. 196.
HEATH, John, Esq. Judge of C. P., 21 vol.
687, 815, 22 vol. 309, 23 vol. 1055, 26 vol.
1198.— -His Charge to the Jury on the Trial
of the Bishop of Bangor and others for a
Riot, 26 vol. 523* — His Evidence on the
Trial of Lord Thanet and others for a Blot,
27 vol. 847.
HEATH, Robert, Seijeant.at.Law, 3 yoL 1371.
Sir Robert, Attorney General, 7 Car.
1, 3 vol. 405. — His Argument in the Court
of King's Bench against the Discharge of
Sir Thomas Darnell and others, committed
by the Ring for refusing to lend unon Com-
missions of Loans, 3 vol. 30.— -His Ubjections
to the Arguments of the House of Commons
at a Conference with the House of Lords
upon the Liberty of the Subject, ibid. 133.
— ^His Argument in the Court of King's
Bench against the Discharge of William
Stroud and others, committed by the King
for their conduct in Parliament, ibid. 280. —
His Argument in the jsame Court in the
Case of Sir John Elliott and others, in sup-
port of the Jurisdiction of the Court to take
Cognizance of Offences supposed to be
committed in Parliament, ibid. 304.
Chief Justice of C. P. 8
Car. 1 . — His Speech on delivering his Opinion
in the Star Chamber respecting the Sentence
to be passed upon Henry Sherfield, for
breaking a painted Window in a Church at
Salisbury, 3 vol. 541.
HEDGES, Michael.--His Trial with John
Hedges, in the Court of King's Bench, for
Fraud in their Offices as Cler^ in the Doclc
Yard at Woolwich, 44 Geo. 3, 1803, 28 voU
1315. — The Information, ibid. ib. — Mr.
Erskine's Speech for the Prosecution, ibid.
1326. — Evidence for the Prosecution, ibid«
1341. — Mr. Dallas's Speech in their De-
fence, ibid. 1386. — Evidence for the De-
fendants, ibid. 1402. — Lord EUenborough'a
Charge to the Jury, ibid. 1408.--The Jury
find them Guilty, ibid. 1429.— Proceedings
on their being brought up for Judgment|
ibid* ib. — Sentence of the Court, ibid. 1334
HEDGES, Mr.— His Speech as one of thf
Managers for the House of Commons on th^
Trial of the Impeachment of Lord Chancelloj
Macclesfield, in support of ^Qme pf th^
Articles, 16 vol 929, i
ee
GENERAL INDEX TO
HENDLEY, WiUiam.--His Trial with several
others for a Conspiracy tp defraud, under
pretence of collecting Money for Charities,
4 Geo. 1, 1719, 15 vol. 1407.--The Indict-
ment, ibid. 1409. — ^The Jury find him Guilty,
ibid. 1414.— Letter from the Judge, Sir L.
Fowis, to the Lord Chancellor, on occasion
of this Trial, ibid. ib.
HENLEY, Robert, Lord, Keeper of the Great
Seal, 33 Geo. 2. See Northingtfmy Bobert,
Earl of. — He is appointed Lord Hi);[h Steward
on tfie Trial of Lord Ferrers for Murder,
19 vol. 887,
HENRIETTA MARIA, Queen to Charies the
First. — ^The Earl of Dorset's Encomium upon
her in the Star Chamber, 3 vol. 584.
HENRY THE FOURTH, King of France.—
His Speech on behalf of the Jesuits, 7 vol.
536.
HENRY THE EIGHTH, King of England.
— Proceedings relating to the dissolution
of the Marriage between him and Catha-
rine of Arragon, 19 Hen. 8, 1528, 1
vol. 299. — His scruples respecting the
Marriage, ibid. ib. — He solicits from the
Pope a Commission to Cardinal Wolsey
to try the validity of the Mamage, ibid.
301. — ^The Pope grants a Commission to
Cardinals Wolsey and Campejus, ibid.
304. — Campejus attempts to persuade the
Queen to enter upon a religious life, which
she refuses to do, ibid. 309.J^The Emperor
disapproves of the Divorce, ibid. ib. — The
People being discontented with the proposed
Divorce, the King dismisses Anne Boleyn
from. Court, ibid. 314. — He charges Wolsey
and Campejus to proceed with the Commis-
sion, ibid. 317. — ^The Commission is opened,
ibid. ib. — ^The Queen appears to protest
against the Proceedings, but refuses to ap-
pear to answer, ibid. 319. — ^The fiull and
Breve of Pope Julius the Second, authorizing
the Marriage, ibid. 320, 322. — Objections to
the Bull and Breve, ibid. 310, 324.— Wit-
nesses examined, ibid. 325.— Letters from
Pope Julius the Second to the King, ibid.
330. — ^The King's Protest against the Mar-
riage, before its consummation, ibid. 332. —
The Evidence is closed, and a day appointed
for concluding the Trial, ibid. 333. — In-
hibition of further Proceedings by the Pope,
and his Letter to the King thereupon, ibid.
337. — ^The Pope offers him a Dispensation
to have two Wives, ibid. 341. — His Procla-
mation against procuring Bulls from Rome,
ibid. 342. — Declaration of the House of
Lords to the Pope respecting his Marriage,
ibid. ib. — ^The Pope's Answer thereto, ibid.
345. — ^The Commons disapprove (he Mar-
riage, ibid. 351.— The King's Behaviour to
the Queen, ibid, ib, — ^The Pope's Letter to
the King, urging him to take his Queen
again, ibid. 353. — A Motion made in the
Commons to the same effect, ibid. 355. —
Vl^on vj^hi^ch the King re^manjs the Speaker,
ibid, ib.— The King determines to proceed
with the Divorce without the authority, of
the Pope, ibid. 357. — Sentence of Divorce,
ibid. 358. — ^The King proceeded against at
Rome, ibid. 360. — ^The Pope's Sentence
against him, ibid. 363. — ^The Marriage witK
Queen Catharine declared Void by Act of
Parliament, ibid. 364. — His Conduct when
informed of the Execution of Sir Thomas
More, ibid. 396. — ^Anecdote related of him
when told of the Pope's intention to send
the Bishop of Rochester a Cardinal's hat,
ibid. 408.— Remarks on the severities prac-
tised by him against the Papists, ibid. 469.
—His Book against Luther written with his
own pen, ibid. 476. — Proceedings against
various persons during his reign for denying
the Supremacy, ibid. 469. — His Will, ibid.
743.
HENRY, PRINCE op WALES, Son of James
the First. — Accounts by several Historians
of the Suspicions which existed of his having
been poisoned, 2 vol. 1001 (note).— Report
of the examination of his Body after his
Death, ibid. ib.
HENSEY, Florence.— His Trial for High
Treason in maintaining a treasonable Cor-
respondence with the King's Enemies, 32
Geo. 2, 1758, 19 vol. 1341. — ^His Arraign-
ment, ibid. ib. — Evidence for the Prosecu-
tion, ibid. 1356. — The Defence, ibid. 1375.
— ^The Jury find him Guiltv, ibid. 1345. —
His Address on being called upon to receive
Judgment, ibid. ib. — Lord Mansfield passes
Sentence upon him, ibid. 1348. — A more
circumstantial Account of his Trial, ibid. ib.
He was pardoned, ibid. 1382.
HEPBURN, John. See Darrdeyf Hemy^ Lord.
— His Deposition respecting the Murder of
Lord Darnley, Husband of Mary, Queen of
Scots, 1 vol. 923.
HERBERT, Edward, Counsel.— He was of
Counsel for the Prosecution in the Proceed-
ings in the Star Chamber against Prynne,
Bastwick, and Burton, for several l2bels^
13 Car. 1, 3 vol. 719.
— — — Sir Edward, Attorney General,
1 7 Car. 1 . — He delivers Articles of Impeach-
ment in the House of Lords against Lord
Kimbolton and the Five Members, 4 vol. 83.
— He is examined by the Comntons respect-
ing his share in the Accusation of the Five
Members, ibid. 102. — Proceedings against
him on an Impeachment by the Commons,
for High Crimes and Misdemeanours, in
advising and delivering the Articles against
the Five Members, 17 Car. 1, 1642, ibid.
120. — Articles of Impeachment, ibid, ib.—
His Answer thereto, ibid. 121. — Letter from
the King to the Lord Keeper, declaring that
the Attorney General did not advise or con-
trive the obnoxious Articles, ibid. 123.—-
Serjeant Wylde enforces the Impeachment
for the Commons against him^i ibid. 124»—
His Coun^^l sqnt to the T!awex for not b^ing
THE STATE TRIALS.
61
prepared to pleady and others assigned him,
ibid. 127. — ^Their Argament for him, ibid.
128. — Sentence against him, ibid. 129.—
Lord Clarendon's Account of this Proceed-
iDgyibid. 130.
HERBERT, Sir Edward, Chief Justice of
K. B., 1 Jac. 2, 11 vol. 1324.— He delivers
the Opinion of the Judges on the Question
proposed to them in Lord Delamere's Case,
whether the Court of the Lord High Steward
can be adjourned during a Trial, 11 vol. 561.
— ^He delivers the Opinion of the Court of
Ring's Bench, in the Case of Sir Edward
Hales, in favour of the King's Dispensing
Power, ibid. 1195. — ^His Account of the
Authorities in law upon which the Judg-
ment of the Court in Sir Edward Hales's
Case was founded, ibid. 1251. — Sir Robert
Atkins's Answer thereto, ibid. 1267. — Mr.
Attwood's Strictures thereon, ibid. 1280. —
Burnet's Character of him, ibid. 11 95 (note).
' Chief Justice of
. C. P., 4 Jac. 2, 12 vol. 124.— He was son
of the Sir Edward Herbert who was Attorney
General in the Reign of Charles the First,
11 vol. 1314.
HERNE, John, Counsel.- -His Defence of
Heniy Sherfield, on an Information in the
Star Chamber, for breaking a painted Win-
dow in a Church, 3 vol. 520. — ^His Defence
of Prynne, on his Trial in the Star Chamber
for writing "Histrio-mastix,"ibid.573. — He is
appointed ono of Archbishop Laud's Coun-
sel, 4 vol. 337. — His Speech in Defence of
Laud, ibid. 577. — His Interview with Laud
in the Tower immediately before his Execu-
• tion, ibid. 586 (note).
HERTFORD, Edward, Marquis of.— -Account
. of his Restoration to the Title of Duke of
Somerset, 1 vol. 526.
HEVENINGHAM, Sir John. See DameU,
Sir Thoma$»
HEVENINGHAM, William, 5 vol. 1000,
1219, 1229. See Regicides.
HEVEY, John. — Proceedings in the Court of
King's Bench in Ireland on the Trial of an
Action of Assault and False Imprisonment,
brought by him against Charles Henry Sirr,
42 Geo. 3, 1802, 28 vol. 1.— Mr. Curran's
' Speech for the Plaintiff, ibid. 2. — Evidence
' for the Plaintiff, ibid. 13.— Mr. Fletcher's
' Speech for the Defendant, ibid. 19. — Evi-
dence for the Defendant, ibid. 26. — Mr.
Barrington's Reply, ibid. 34. — Lord Kil-
warden's Charge to the Jury, ibid. 47. — ^The
Jhry return a Verdict for the Plaintiff, with
' 150/. damages, ibid. 50.
HEWETT, Dr. John.— His Trial before the
High Court of Justice for Treason in hold-
. ing traitorous Correspondence with Charles
the Second, 10 Car. 2, 1658, 5 vol. 883.— .
• The Charge against him, ibid« 884. — ^He
- besiUtes to plead, ibid^ 89^«--^Fte^ and
Demurrer intended to have been tendered to
the Court, ibid. . 895.— Judgment against
him, ibid. 928.— His Execution, ibid, 930.
HEY, James. See Luddites,
HEY, Job. See LuddUes.
HEYWOOD, Samuel, Seijeant-at-Law^-^His
Historical Account of the Judges in the
Reigns of Charles the Second and James
the Second, 12 vol. 257 (note).
HICKFORD, Robert.— His Arraignment for
High Treason, 14 Eliz. 1571, 1 vol. 1041.—
He pleads Guilty to the Indictiyent, ibid.
1044. — Chief Justice Catlin's Address to
him on passing Judgment, ibid. 1044.
HILLIARD, John. See Pole, CarcUnaL
HILL, James. See Aitken, James.
HILL, John. See Luddites,
HILL, Laurence. See Green, Bobert,
HIND, James. See Tonge, Thomas.
HINDE, James. See AUken, James,
HOADLEY, Dr. Benjamin, Bishop of Here-
ford. — His Remarks upon Bishop Atter-
bury's Defence at the Bar of the House of
Lords, 16 vol. 664 (note).
HOBART, Sir Henry, Chief Justice of C. P.
14 Jac. 1, 2 vol. 952, 1042, 1161.— His
Speech in thA^tar Chamber, on giving his
Opinion respecting the sentence on Mr.
Wraynham, for slandering Lord Chancellor
Bacon, 2 vol. 1077.
HOBART, Sir Miles. See Stroud, WUliam.
HOE, John. See SachevereU, William,
HOGG, William. See Graham, John.
H0L60RNE, Robert, Counsel.— His Speech
for Prynne, on his Trial in the Star Chamber
for publishing "Histrio-mastix," 3 vol. 572. —
His Argument for Mr. Hampden in the
Great Case of Ship Money, ibid. 963.
HOLLAND, Earl of. — Proceedings in the
High Court of Justice against him, the Earl
of Norwich, Lord Capel, and Sir John Owen
for High Treason in bearing arms against
the Commonwealth, 1 Car. 2, 1649, 4 vol.
1195. — Lord Clarendon's Account of Lord
Holland, ibid. 1196 (note). — ^Lord Capel
escapes from the Tower, ibid. 1208, 1245. —
He is discovered at Lambeth by a Water-
man, ibid. 1209, 1246. — He pleads that
Quarter was g^veu him when he was taken,
ibid. li^lO. — Sir John Owen pleads Not
Guilty, ibid. ib. — Lord Holland pleads that
Quarter was given him when he was taken,
ibid. 1215. — Sentence of Death pronounced
against all of them, ibid. 1216. — ^The Earl
. of Norwich is reprieved, ibid « 121 7. — Exe-
cution of Lord Holland, ibid. 1218.-r-Exe^
cution of Lord Capel, ibid. 1230. — Bishop
Morley's Account of the manner of Lor4
ds
GENSRAL INDEX TO
Captrt deatfay iM. 1386.*-€roinweirs
Omnion of Lord Cftpel^ ibid. 134a.-^Lord
Clarendon's Charaeter of him^ ibid* 1249.
HOLLIS, DeDziU See Elliott, Sir John.
EimboiUon, Edwardf Lorii.— Proceedinffs in the
Coart of King's Bench against hiniy Sir John
Elliott^ and Benjamin Valentine, for sedi-
tious Speeches in the House of Commons,
and for forcibly detaining the Speaker in
the Chair after a Motion for an Adjourn-
ment, 5 Car. 1, 1629, 3 vol. 293.— He is
one of the Five Members accused of Treason
in the House of Commons hy Charles the
First, A^\. 83. — His Speech on deliveriug
the Articles of Impeacnment against the
Nine Lotds for departing from Parliament
without leave, ibid. 178. — He Aocuses Arch-
bishop Laud of Treason, by order of the
Commons, ibid. 318. — Proceedings against
him and Mr. Wbitelocke, for a Breach of
Trust reposed in them by the Parliament,
in an Embassy to the Ring, 21 Car. 1, 1645,
ibid. 754.*— Particulars of the Charge against
them, ibid. 755.— Mr. Whitelocke's Defence,
ibid. 757. — ^The Charge is referred by the
House of Commons to a Committee, ibid.
759.-*They are examined separately by the
House, ibid. 764. — The House acquit them,
ibid. 766. — Proceedings against him, Sir
Philip Stapleton, Sir William Lewis, Sir
John Clotworthy, Sir William Waller, Sir
John Maynard, Major-general Edward Mas-
sey, John Glynn, Recorder of London,
Walter Long, Edward Harley, and Anthony
Nicholl (the Eleven Members), on a Charge
preferred against them by the Army, 23 Car.
1, 1647, ibidi 857. — Lord Clarendon's Ac-
count of the Oricin of these Proceedings,
ibid. ib. (note). — ^The Charge against them,
ibid. 867. — ^Their Answer thereto, ibid. 882.
— Votes of the House of Commons respect-
ing them, ibid. 913. — These Votes are re-
scinded, ibid. 920. — Articles of Impeach-
ment against Sir John Maynard carried up
in the House of Lords, ibid. 914. — He re-
fuses to kneel at the Bar, upon which he is
fined, ibid. 918.:— The Eleven Members
petition for leave to withdraw beyond Sea,
which is granted them, ibid. 910.-— Hollis
sits as Judge on the Trial of the Regicides,
5 vol. 986 (note). — His Address to Harrison,
the Regicide, on his Trial, ibid. 1028.
HOLLIS, Sir John.—Ptoceedings in the Star-
Chamber against him, Sir John Wentworth,
and Mr. Lumsden for traducing the Admi-
nistration of Justice, 13 Jac. 1, 1615, 2 vol.
1021.— Their Sentences, ibid. 1034.
MOLLIS^ Thomas Brand.— His Trial with
General Smith, upon Informations filed by
the Attorney General by the Order of the
House of Commons, for Bribery at the
Hindon Election, 16 Geo. 3, 177^, 20 vol.
1225. — Resolutions of the House of Com-
mons, ibid. ib. — ^The Information against
Ganml toidi, ibid« i88n<-CouQ»el for
the Prosecution and for the Defendant, il
1240<— Evidence for the Prosecution against
him, ibid, ib.— The Jury find him Guilty,
ibid. 1266.— Trial of Mr. HoUis, ibid. 1269.
— Counsel for the Prosecution and for the
Defendant, ibid, ib.— Evidence aaainst him,
ibid, ib.— He is found Guiltv, ibid. l281. —
They are brought up for Judgment, ibid. ib.
—Their Sentence, ibid. 1283,
HOLLOWAY, .—His Case upon an
Indictment for Murder, and a Special Verdict
found, 18 vol« 302 (note).
HOLLOWAY, James. — Proceedings against
him in the Court of King's Bench on an
Outlawry for High Treason, 36 Car. 2, 1684,
10 vol. 1. — He is brought to the Bar by
Habeas Corpus, ibid. 2.— A Rule for Bxe-
cution granted, ibid. 5. — He petitions Ihe
Ring for Mercy, ibid. 6.— His Execution,
ibid. 7. — ^The Paper delivered by him to the
Sheriffs at the place of execution, ibid. 14.—
His Confession, or Narrative, delivered by^
him to Mr. Secretary Jenkins, ibid. 18. —
Bumet*s Account of him, ibid. 1 (note)*
HOLLOWAY, Richard, Serjeant-at-Law.—
He is one of the Counsel for the Prosecution
on the Trial of CoUedge, 8 vol. 591.
' ' Sir Richard, Judge of K. B. 85
Car.2, 9 vol. 867, 10 vol. 45, 151, 1101 His
Argument on delivering bis Opinion ifo the
Great Case of Monopolies, 10 vol. 516.< —
After the Revolution he is ordered to iq>pear
in the House of Commons to Answer for iin«
posing an exorbitant Fine in the Case of
the Earl of Devonshire, 11 vol. 1368.— He
was one of the Judges of the King's Bench
at the Trial of the Seven Bishops, 12 vol.
189. — Account of his Appointment and Re«
moval, extracted from Mr. Serjeant Hey-
wood's Historical Account of the Judges
under the House of Stuart, ibid. 263 (note).
HOLT, Daniel. — Proceedings against him for
publishing two Seditious Libels, 33 & 34
Geo. 3, 1793, 22 vol. 1189.— The Informa-
tion in one of the Cases, ibid. 1 199. — ^He is
found Guilty upon both Prosecutions, ibid.
1191, 1203.— Proceedings in the Court of
King's Bench upon an Application for a
New Trial, ibid. 1203, 1206 (note).— Mr.
Erskiue*s Argument in support of the Motion,
ibid. 1209. — The Court refuse the Applica-
tion, ibid. 1233.— Judgment of the Court
upon him, ibid. 1235.
HOLT, Sir John, Judge of C.P. 11 Rtc. 2*
See BeOcnap^ Sir Robert.
HOLT, John, Counsel, 7 vol. 931, 959, 1131,
8 vol. 749, 9 vol. 128, 241, 324, 10 vol. 40.
— His Defence of John Lane, upon an In«
dictment for a Conspiracy to scandalize the
Witnesses for the Popish Plot, 7 vol. 808, fcc.
—He is appointed Counsel for several of the
Five Popish Lords, ibid. 1248, 1260.— His
ArguntDt in support of i^id Willian Avs^
TttE STATE TRIALi
6i
8eU'« Challenge of a Juror for not having a
forty-shillingFreeboldi 9 vol, 58f. — His Ar-
gument for the East India Company in the
Great Case of Monopolies, 10 vol. 371. — His
Argument for the Defendant in the Case of
the £arl of Macclesfield against Starkey,
ibid. 1851.
■ ■ Sir John, King's Serjeant, 12 vol. 125.
Chief Justice of K. B. 12 vol.
946, 13 vol. 478, 1103, 1261, 14 vol. 533,
990. — His Charge to the Jury on the Trial
of Sir Richard Grahme rotherwise called
Lord Preston), and others for High Treason,
12 vol. 730. — ^His Charge on the Trial of
Harriaoti, for the Murder of Dr. Clenche,
ibid. 864» — ^His Charge on the Trial of
Chartiock, King, and Keyes, for High Trea-
son, ibid« f447.—He is examined by a Com-
mittee of the House of Lords respecting his
Judgment in the Court of King's Bench, in
the Case of Charles Knowles, claiming to
be Earl of Banbury, ibid. 1179 (note).— He
is heard in the House of Lords when the
Committee deliver their Report, ibid. 1182
(note).-~-His Charge to the Jury on the Trial
ef Sir John Friend, 13 vol. 55. — His Charge
on the Trial of Sir William Parkyns, ibid.
126. — His Charge on the Trial of Ambrose
Rookwood, ibid. 213.— His Charge on the
Trial of Charles Cranburne, ibid. 263. — His
Ch'^rge on the Trial of Robert Lowick, ibid.
303. — His Address to Alexander Knightley,
on passing SentCiCe of Death upon him,
ibid. 403. — His Charge to the Jury on the
Trial of Haagen Swendsen for forcibly
abducing Mrs. Pleasant Rawlins, 14 vol.
392. — His Charge to the Jury on Tutchin's
Trial for a Libel on the Government, ibid.
1125. — His Argument in the Exchequer
Chamber in the Banker's Case, ibid, 29. —
He dissents from the opinion of the other
Judges of the Court of King's Bench in the
Great Case of Ashby and White, ibid. 779.
—He died during the Trial of Dr. Sacheve-
rell, and was succeeded by Serjeant Parker,
15 vol. 14 (note). — Burnet's Character of
him, ibid. ib.
HONE, William.— His Trial for High Treason
in being concerned in the Rye-House Plot,
35 Car. 2, 1683, 9 vol. 571.— The Indict-
ment, ibid. ib. — He pleads Not Guilty, ibid.
572. — Evidence against him, ibid. 574. —
He is found Guilty, ibid. 578. — His Sentence,
ibid. 668.— His Execution, ibid. ib.
HOOPER, John, Bishop of Worcester and
Gloucester. — ^Bill of Complaint against Bon-
ner, Bishop of London, presented to Edward
the Sixth by him and Latimer, 1 vol. 653*
HORNBY, Joseph. See Banker's Case.
HOPE, Charles, Advocate.— His Speech in
defence of Sir Archibald Gordon Kinloch,
01^ bis Trial in Scotland for the Murder of
bit Biodier^ %6 ?ol« n^i-^^<i wai after-
wards Lord President of the Court of Se8«
sion, ibid. ib.
HORNE, John. See Tookcy John Uwne.
HORSPALL, William.— Trial of Mellon and
others for his Murder, 31 vol. 997. See
Luddites.
HOTHAM, Sir Beauiqont, Baron of the Ex-
chequer, 30 Geo. 3, 22 vol. 30^.— -His Charge
to the Jury on the Trial of James Aitken,
otherwise called John the Painter, for setting
Fire to a Rope*House in the Portsmouth
Dock -Yard, 20 vol. 1348. — He was one of
the Judges who presided at Hardy's Trial
for High Treason, 24 vol. 221.
HOUGHTON, John.— Proceedings against
him, Augustin Webster, Robert Laurence,
and Richard Reynolds, for denying the
Ring's Supremacy, 27 Hen. 8, 1535, 1 vol.
472. — ^They are condemned and executed,
ibid. ib.
HOUGHTON, Robert, Judge of R. B. 14 Jac.
1, 8 vol. 952.
HOWARD, Catharine, Queen Consort of
Henry the Eighth. — Proceedings against her
for Incontinency, 33 Hen. 8, 1542, 1 vol.
445. — Particulars of her Misconduct, ibid .
ib. — Bill of Attainder brought in against
her, ibid. 449. — She confesses her Guilt, and
is beheaded, ibid. 451-2.
HOWARD of Charlton, Charles, Lord. See
Northampton^ Spencer Earl qf»
HOWARD, Lady Fra nces « See Essex, Frances
Howard, Countess of,
HOWARD of Escrick, William, Lord.—His
Evidence on the Trial of Edward Pittharris,
8 vol. 370. — His Information to the King
respecting the Rye-House Plot, 9 vol. 430.
— Burnet s Account of his Apprehension
and Confession, ibid. 593. — His Evidence
on the Trial of Lord William Russel, ibid.
602. — His Evidence on the Trial of Algernon
Sidney, ibid. 849. — His Evidence on the
Trial of John Hampden, ibid. 1065. — His
Evidence on the Trial of Lord Delamere,
11 vol. 531. — He gives his Vote in the
House of Lords for the Conviction of Lord
Stafford, 7 vol. 1552. — Evidence respecting
him given by Burnett and others on the
Trial of Hampden, 9 vol. 1086. — Evidence
tendered on that Trial of his holding irre-
ligious Opinions, ibid. 1103.
HOWLEY Henry.— His Trial, under a Spe-
cial Commission, at Dublin for High Tlrea*
son in being concerned in the Irish Insur-
rection, 43 Geo. 3,1803,28 vol. 1183.— The
Indictment, ibid. ib. — Evidence for the 'Pro-
secution, ibid. 1191.— The Jury find him
Guilty, ibid. 1213.— He is executed, ibid.
1214.
HUBERT, Nicholas (otherwise called Paris)*
Se« Donc/ey^ Bmy, lMrd.^liis PepoMtion
64
GENERAL INDEX TO
respecting the Murder of Henry, Lord
Damley, Husband of Mary, Queen of Scots^
1 vol. 931.
HUDSON, William, Counsel.— He opens the
Information in the Star Chamber against
Prynhe, for writing " Histrio-mastix," 3 vol.
562. — ^The House of Commons resolve that
he is guilty of a Breach of Privilege in sub-
scribing the Information in th^ Star Cham-
. ber against Sir John Elliott and others, for
matters done by them in Parliament, ibid.
311. — ^Lord Mansfield's Notice of his Treatise
on the Star Chamber, 19 vol. 1002.
HUDSON, William.— His Trial at the Old
Bailey for Seditious Words, 34 Geo. 3,
1793, 22 vol. 1019. — Circumstances from
which this Prosecution arose, ibid. ib. —
Evidence for the Prosecution, ibid. 1021. —
. The Jury find him Guilty, ibid. 1032.— His
. Sentence, ibid. ib.
HUGGINS, John. See Bambridge, Ih)mas.^
Report of the Committee of the House of
Commons appointed in 1729 to enquire into
the state of Gaols in this Kingdom, 17 vol.
297. — Resolutions of the House thereupon,
ibid. 308. — ^The House resolve to address
the King to direct the Attorney General to
prosecute Huggins for Misconduct in his
Office of Warden of the Fleet, ibid, ib.— His
Trial at the Old Bailey for the Murder of
Edward Arne by his ill-treatment of him,
when a Prisoner in the Fleet, 3 Geo. 2,
1729, ibid. 309. — He pleads Not Guilty,
ibid. 310. — Speeches of the Counsel for the
Prosecution, ibid. 311. — Evidence for the
Prosecution, ibid. 314. — His Defence, ibid.
330. — Mr. Justice Page*s Charge to the
Jury, ibid. 354. — ^Tbe Jury find a Special
Verdict, ibid. 368. — Judgment of the Court
of King's Bench that the facts found by the
Special Verdict amount to an Acquittal of
Murder, ibid. 370.
HUME, David. — Mr. Hargrave's Opinion of
his History of England, 2 vol. 380. — Mr.
Laing's Exposure of his wilful Mis-statement
of facts respecting Charles the First's hearing
the preparations for his Scafibld on the night
before his Execution, 4 vol. 1136 (note). —
Mr. Fox's Opinion of him as an Historian,
ibid. ib.
HUNGERFORD, John, Counsel, 16 vol. 18,
698. — His Defence of trancia for High
Treason in corresponding with the French
Government, for the purpose of bringing in
the Pretender, 15 vol. 965. — His Speech
in Defence of Christopher Layer, on his
. Trial for High Treason in levying war for
the purpose of bringing in the Pretender,
1 6 vol. 233.— His Defence of John Matthews,
on his Trial for High Treason in printing a
. Pamphlet asserting the Pretender's title,
15 vol. 1359.
HUNGERFORD, Lord.—He is attainted and
exccut94 for hf^rbouhng a Traitor^ and en-
couraging the use of Magic against the .
King, and also for Sodomy, 32 Hen. 8, 1540, 1
1 vol. 485.
HUNT, John.— His Trial with Leigh Hunt,
at Westminster, for a Seditious Libel in the
Examiner, 51 Geo. 3, 1811, 31 vol. 367. —
The Attorney General's Speech for the Pro-
secution, ibid. 369. — Evidence for the Pro-'
secution, ibid. 375. — Mr. Brougham's Sjlieech
for the Defendants, ibid. 380. — Reply of
the Attorney General, ibid. 401. — Lord
Ellenborough's Charge to the Jury, ibid.
408. — The Jury acquit the Defendants, ibid.
414.
HURLY, Patrick.- His Trial at the King's
Bench Bar in Ireland upon two Indict-
ments, one for Perjury, and the other for
Conspiracy to cheat the County of Clare,
13 Will. 3, 1701, 14 vol. 377.— He is charged
with both Indictments at once, ibid. ib. —
The Case for the Prosecution opened, ibid.
378. — Evidence against him, ibid. 379.—
Justice Coolers Charge to the Jury, ibid.
435. — He is found Guilty on both Indict-
ments, ibid. 445.— For the Peijury the
Court sentence him to pay a Fine of 100/.
ibid. 446.
HUSSEY, Sir William, Chief Justice of K. B.
1 Hen. 7. — He petitions the King not to
require the extra-judicial Opinions of the
Judges respecting Humphrey Stafford, as they
expected the Case to come judicially before
them in Court, 2 vol. 880.
HUTCHINS, John. See Bayard, Colonel
Nicholas,
HUTCHINSON, Charles. See SadievereU,
William.
HUTTON, Sir Richard, Judge of C. P. 4 Car.
1, 3 vol. 359. — His Argument for Mr.
Hampden, in the Case of Ship-Money, ibid.
1191. — He says, that his private Opinion
was always against the legality of Ship-
Money, and that he signed the Opinion of
the Judges in favour of it only for con-
formity, ibid. 1198. — Sir John Finch con-
firms this Statement, 4 vol. 6. — Proceedings
against Thomas Harrison, for insulting him
on the Bench, 3 vol. 1369.
HYDE, Edward. See Clarendon, Edward,
Earl o/".— -His Speech to the House of Lords
against the Juages, for their Conduct in
the Case of Ship-money, 3 vol. 1282. — He
assists in conducting the Impeachment of
Lord Keeper Finch, 4 vol. 15.
HYDE, Sir Nicholas, Chief Justice of K. B.
4 Car. 1, 3 vol. 359, 374, 401, 419.— He
succeeded Sir Randolf Crewe in the office
of Chief Justice, 3 vol. 1 (note). — His Answer
in the House of Lords, o(ft being questioned
respecting his Judgment in the Court of
King^s Bench, on the Return of the Habeas
Corpus brought by Sir Thorns^ Darnell mi
THE STATE TRIALS.
«ff
others, imprisoned for refusing to subscribe
to the Commission of Loans, ibid. 163.
HYDE, Sir Robert, Chief Justice of K. B. 15
Car. 2, 6 vol. 515, — His Charge to the Jury
on the Trial of ^fewster and others for pub*
lishing the Speeches and Prayers of the
Regicides, ibid. 547. — His cruel and illegal
treatment of Benjamin Keach, on his Trial
for a Libel, ibid. 702, 708. — He was the
Judge who tried and passed Sentence upon
the Perrys, for the supposed Murder of
Mr. Harrison, 14 vof. 1319.
IMPEY, Sir Elijah, Chief Justice of the Su-
preme Court of Judicature in Bengal. — His
Charge to the Jury on the Trial of Nundo-
comar for Forgery,* 20 vol. 1063. — His Ar-
gument in the Supreme Court of Judicature
in Bengal, on refusing a Motion to quash an
Indictment for Conspiracy against a Native
Prince, on the ground of his being an Am-
bassador, ibid. 1119. See Nundocomar.
IN6S, James.— His Trial at the Old Bailey
for High Treason, in being concerned in the
Cato-Street Conspiracy, 1 Geo. 4, 1820, 33
vol. 957.— The Indictment, ibid. 697. —
Speech of the Solicitor General for the Pro-
secution, ibid. 959. — Evidence for the Pro-
secution, ibid. 972. — ^Mr. Curwood's Speech
for the Prisoner, ibid. 1055. — Evidence for
the Prisoner, ibid. 1074. — ^Mr. Adolphus's
Speech on summing up the Evidence for
the Prisoner, ibid. 1079.— The Prisoner's
Defence of himself, ibid. 1108.— The At-
torney General's Reply, ibid. 1111. — Chief
Justice Dallas's Charge to the Jury, ibid.
1135.— The Jury find him Guilty, ibid. 1176.
—His Speech on being called upon for
Judgment, ibid. 1451. — He is executed,
ibid. 1566.
IRELAND, WUliam.— His Trial with Thomas
Pickering and John Grove for High Treason
in being concerned in the Popish Plot, 30
Car. 2, 1678, 7 vol. 79.— They are put on
their Trial vrith Whitebread and Fen wick,
and plead Not Guilty, ibid. 80. — Speeches
of the King's Counsel, ibid. 84.-^Oates's
Evidence against them, ibid. 91. — Other
Evidence against them, ibid. 106. — The
Court discharge the Jury of Whitebread and
Fenwick, there being only one Witness
against them, and proceed against the others,
ibid. 120. — Evidence in their Defence, ibid.
122. — Chief Justice Scroggs's Charge to
the Jury, ibid. 130. — ^lliey are found Guilty,
ibid. 136.— -Sentence is passed upon them,
ibid. 138. — Execution of Ireland and Grove,
ibid. 142, 574. — ^Pickering is respited, but
is afterwards executed, ibid. 144. — Burnet's
Account of this Trial, 6 vol. 1420.
IVY, Lady Theodosia.— Trial of an Action of
Ejectment brought against her for the re-
covery of an Estate at Shadwell, 36 Car. 2,
1684, 10 vol. 555. — Evidence for the Lessor
of the Plaintiff, ibid. 556r-Speeche8 of the
VOL. XXXIV,
Defendant's Counsel, ibid. 561.*— Evidence
for the Defendant, ibid. 566 .^-Evidence in
Reply, ibid. 608. — Discovery of a Forgery of
some of the Defendant's documentary Evi-
dence, ibid. 616. — Chief Justice Jemries's
Charge to the Jury, ibid. 631.— fThe Jury
find a Verdict for the Plaintiff, ibid. 645. —
i^e is afterwards prosecuted for forging some
of the Deeds produced by her on this Trial,
ibid. ib. — ^The Information against her, ibid,
ib. — Chief Justice Jefferies's Remarks upon
this Case on Gates's Trial for Perjury, ibid.
' 1145.
JACKSON, Samuel. See talker, Thomat,
JACKSON, William.— His Trial with William
Carter, Benjamin Tapner, Jo^n Cobby, John
Hammond, Richard Mills, senior, ^and
Richard Mills, juMor, for the Murder of
William Gaily and Daniel Chater, under a
Special Commission, at Chichester, 22 Geo.
2, 1749, 18 vol. 1069. — Mr. Justice Foster's
Charge to the Grand Jury, ibid. ib. — ^The
Indictment for the Murder of Chater, ibid.
1073.— The Indictment for the Murder of
Gaily, ibid. .1075. — Opening Speeches of
the Counsel for the Prosecution on the first
Indictment, ibid. 1078. — Evidence fbr the
Prosecution thereon, ibid. 1090. — Defences
of the Prisoners, ibid. 1105. — ^Mr. Justice
Foster's Charge to the Jury, ibid. 1106. —
The Jury find them Guilty of the Murder of
Chater, ibid. 1107. — ^Trial of Jackson and
Carter, on the Second Indictment, for the
Murder of Gaily, ibid. ib. — They are found
Guilty, ibid. 1111. — Sentence of Death is
passed upon them, ibid. ib. — ^Their conduct
previous to their Execution, ibid. 1113.
JACKSON, William, Rev.— His Trial in Ire-
land for High Treason, in corresponding
with France, and attempting to promote an
Insurrection in Ireland, 34 & 35 Geo. 3,
1794, 1795, 25 vol. 783.— The Indictment,
ibid. 785. — Counsel for the Prosecution and
for the Prisoner, ibid. 803.— The Attorney
GeneraFs Speech for the Prosecution, ibid.
805. — Evidence for the Prosecution, ibid.
815. — Mr. Curran's Speech in his Defence,
ibid. 849. — Mr. Ponsonby*s Speech on the
same side, ibid. 859. — Mr. Prime Serieant's
Reply, ibid. 863. — Lord Clonmeirs Charge
to the Jury, ibid. 870. — The Jury find him
Guilty, ibid. 882. — Objections made in
arrest of Judgment, ibid. 883. — ^The Prisoner
dies in Court before Judgment is passed
upon him, ibid. 889. — Coroner's Inquisition
held upon his. body, ibid. 890.
JAMES, John.^His Trial at the Bar of the
Court of King's Bench for High Treason, in
being concerned in the Insurrection under
the Fifth Monarchy Men, 13 Car. 2, 1661,
6 vol. 67.— Account of his Apprehension,
ibid, ib.— His Arraignment, ibid. 74.— Sub-
stance of the Indictment, ibid. ib. — He
pleads Not Guilty, ibid. 75. — ^ijeant
m
GE)}£&AL tNDEt tO
nlyttg and Sk Utolhy ^haet open \he
ClMtf^ ugaiiMt bMl, iM. TV.-^Evidehce
«M«M him) ibid. 77.-^HIb Speech in his
»e!hwee, $%ld. 80.— ^eply of tlie King's
CiMtise), ihfd. 9ft.*--The iurj fiad hita
O^iny, ibM. 84.— His Wife'i Ap>plttoftlioti to
the Kifi^ OB his Mvalf, ibid. 85.— JtHlg-
ftelil ftgaifiA htiki> ibid. 88.— His Behatiour
<a«l4iKf his Ittprise ft tt c nt, ibM. 8d.-^liis
OdBdmrt tte Ihe ScftMd, ibid. 98.
JAMES THs FIRST> Ki^ of EngkwL Aee
Goime, t/oAn, £ar/ of*.— Proceedings ift the
Scotch Parliament against persons supposed
to be concenied in the Gowrie Conspiracy, 1
Tdi. 1359.»— Hfe Anstrer to the Atgnftients of
AitihbiiAfoii Abbot against the Divorce of the
fiarland Owntess of fissez> 8 vol. Y08»^^IIis
Sietter to A.rchbishop Abbot reftpecdog ibe
INiirtra^ iMd. 060. — Paper, iia his liaiid-
wfMmgf diaciissHig wfaeoier the Faieto in
FeNttham's Case advounted to Treason, ibid.
€Tf« — HisSpeecb ie the House of JUMds ap-
Utoving of tile Proceediiifpi against SirOiles
Mbmfyenon, ibid. 1126;-->>Wits0aNi Account
<)€ thedttonmstttncesiof ^l>eath, Nvith BlaHtop
&eMKtt's Note theteon, ibid. 1320 (note).
4AM£S TBE SECOND, Kiiigx)f EngloAd.—
His iBstracttons to the Judges^ previously
. to tfieir going on their Circnits^ lo support
the Dedaivttioa for Liberty of Conscieace,
ta vol* 160 (nete>.-^Baf net's Acooant t)f
jhis inhuman Coudoet, ia personally aittend-
ing, vrhen Dutoe of York, the application of
the toitttre in Scotland, 6 vol. 1222 (uot^).
JANS, >obti. See Afiglesea, JUdiard, Sari^.
JAY and TOPtiAM.^'-^Voceddings ki Pailia-
nent respecting that Case, 1 Will, and Maiy,
1689, 12 vol. 821.
Jlr¥KftflfiS, i5irC5eoTge, ^Recorder of London,
7 vol. 8, ICr, 312, 60^, '769, 842, ^08, 959,
l056, 1061, lice.— His Address to Richard
Langbom, on passing Sentence of Death
Upon him, on his Conviction for High Trea-
son, tn being concerned in the Popish JPIot,
7 Vd. 487. — His Speech for the Prosecution
bn tbe Trial of Francis Smith, for publishing
libellous 'Observations upon the condnct of
some of the Trials relating to the Popish
Plot, ibid. 933.— His Violent Condudt to the
Grand jury for not finding a IPrue Bill
against Smith, ibid. 042. — ^His Speech for
the Prosecution on the Trial of Henry Carr,
for publishing a similar Libel, ibid. 1114. —
Particulars r^ated by Roger North respect-
ing his resignation of th6 ReCordership, 8
toi» 217 (note).
King^s Serjeant, 8
I ■ ll I H> *l
«*.—
rihMi
v6l. 458, 363 (note), 9 vol. 128, 237, 301,
!524, 573, 640, 653. — His Argument for the
Cfown against the Plea to the Jurisdiction
in Pitzharris^s Case, 8 vol. 322. — He was
one df the Counsel for the Prosecution on
tr^ thai or LoM V^ilK«& ftnsj^^l, 9 teA. 383.
Kittg^aSeijeaiil>alid
Justice of Chester, 35 Car. 2, 10 voL 1^34.
Chief Justicfe of
K. B. 35 Car. 2, 10 vol. 3, 31^, 358, 555.—
Burnett Notices o|' hiifl, and bis Account
of his Excesses on the Special Commisston
in the West of England, siter Monmouth's
Rebellion, 9 vol. 936 (note), 10 vol. 555
(note).-^His Charge to the Jury on the trial
of Algewion Sidney, ibid. 888. — His Chaige
to the Jury on the Trial of John Hampden,
ibid. 1104. — His intemperate Conduct to
Counsel on the Trial of Braddon and Spefce,
ibid. 1177.--Hi8 Charge to the Jui^ in that
Case^ ibid. 1203^-His Charge on the Trial
of Sir Samuel Barnardiston for Libel, ibid.
135L— His Abuse of Sidney and Russel in
that Charge. ilMd. 1353.— His Charge on
the Trial of William Sacheverell and olhe^,
for a Riot at Nottingham, 10 vol. 92. — ^His
conduct on the Motion for Execution against
Sir Thomas Armstrong, Ibid. 109. — Mr.
Erskine^s Allnsion to his Coadwet in tiitt
Case^ in his Defence of Hardy, 24 vcA, 944.
^-Hte Chai«e to the Jury on the THnl^f Ae
Actiou^fS(^«d«lnaMagnatniii> by&ellnke
of Yoik«gainstOates,10vd.l 40;-*4ikChaige
t>n the Trial of RosewoU, ibid. e37«»His Ar-
goflsent OB giving Judgment for the EastMia
Company in the Great Case tof Mondpolss,
ibid. 619.— His Charge iko the Jniy on the
Triai of an Acition of Ejoctment against die
Lady rvy, ibid. 69l>^HiB Conduct to 0mm-
tel on that Trial, ibid. 626.-->-H«b Chaige on
Oates's first trial ibr Perjury, iiMd. 1210^
His Charge on Oates's teoond IHal ler Per-
JUiy, ibid. 1298.
' * George, Lord, Baron of Wem,
Chief Justice of K. B.— His indecent Con-
duct towards a Witness for the JProsecutioo,
on the Trial of Lady Alice Lisle, 11 vol.
338, 346.— His Charge to die Jury in that
Case, iWd. 362.— His Abuse of Counsel on
the Trial of Richard Baxter, ibid. 498.—
His Cruelties in the West of England, after
Monmouth^ Rebellion, ibid. 802 (note).
Lord Chancellor, 1
lAtM^B.
wtamtiJkm
Jac, 2, 11 vol. 1157> 1324.— He is appointed
Lord High Steward on the Trial of l^rd
DMamere, ibid. 512.— Mr, Fox's Aecoant
of him, 10 vol. 555 (note)*- Foslter says,
that tie wa9> perhaps, the vvorst Judge that
ever disgraccNl Westminster-Hafi, 11 vol.
371 (note).-^eijeant Ditvy says, that, irith
all his faalts, he was always esteeiued a
great Law3rer, Id vol. 611.— Remafrk npon
his Titles> 11 voU 381 (note).
JEFFERYS, Elizabeth. See .Skwi, io^
JEFFREY, Frnneis, Advocate^ 33 vol. 633.--
His Speech in Defence of Thomas Baiv^,
on bis Triai in Scodand, for Seditioi> ^^
vol. 88i
TH& STATE TEIAL&
JEKYXXi Sir J<»8epb> Kiog'i Serjeant, 15 vol.
904^-^Hi8 Speech ia the House of Com-
mons in the Debate on the great Case of
Ashby and White, 14 vol. 476.— His Speech
on I>r. Saohevereirs Trial in Support of the
Principles <rfthe Revolution, 15 vol. 95.—
His Speech in support of the Impeachment
of the Earl of Wintoun, ibid, 830»— He is
sppcMoled one of the Managers for the
Hotite of Comtnons on the Impeachment of
the Bart of Oxford, ibid. 1164.
JENKES, Franch.— Proceedings against him
for a Speech made by him at Guildhall, 28
Car. 2. 1676, 6 vol. 1189.— The Speech,
ilTid. ib'.— He is arrested and eJcaniined by
the Privy Council, ibid. 1192.— He is Com-
mitted to the Gatehouse, Ibid. 1194.— He
makes several ineffeetual applications to be
admitted to Bail, ibid. 1196.— He is after-
wards Bailed, ibid. 1308.— Probability that
this Case contributed to the passing of the
ifttlwiAa Corpus Aet, ibid, ib* (note).
JfiNKIS, John. See Pilkington, nomas.
JENKINS, David, a Welsh Judge.— Proceed-
inp in Parliament against him fof passing
Sentence of Death against persons convicted
of Treason^ in refusing to assist the King,
and for talung up arms himself against the
Parliament, 23 Car. 1> 1647, 4 vol. 922.—
He refuses to kneel or plead at the Bar of
the House of Commons, ibid. 924. — He
oheerves the same Conduct in the House of
Lords, ibid. 925.— *His Vindication of him-
sdfy ibid. 926.— His Reply to an anonymous
Answer to his Vindication, ibid. 930.— Plea
delivered by him to the Parliamentary Com-
missioners for keeping the Great Seal, when
sued in Chancery befbre them, ibid. 941. —
His Defence of this Plea, ibid. 943.— His
Remonstrance to the Loids and Commons,
ibid. 946. — His Conduct when applied^ in
Prison to acknowledge the power of the rar-
liament, ibid. 950.— Catalogue of his Works,
ibid. 921 (hote).
JENKINS^ Sir Leoline, Secretary of State.—
Burnet's Account of him» 8 vol. 228 (note).
JENKINS, William. See^idrf, Ce§><m«M&im.
ISNKER, Sir Thomas, Recorder ef Londoni
^ Car. «,9 vol. 1838j 10 vol* 162, 469, 484.
«^HIs Speech for the Prosecution on the
MalOfWm. Sdcheverell and others, for a
Riot at Nottingham, 10 vol. 36.— His Speech
for the Prosecution on the Trial of Henry
Lord Delamere for Treason, 11 vol. 528.
mrr I wn ritr — k Baroii of the Exchequer, 4
Jat. S^ 1ft vol« d7, ISO.
jTudge of C. P. 4 Jac. 2>
1ft vol. 124.— He was expressly excepted out
of the Act of Indemnity which passed in
16d0, \^ vol. 1^41.
lyui
ntri in>iiiifi •■■ Sefjeaot at La;#, 1 ABii6.—
Bte Uff^Mlk iHk P^tM el Ri^ard Hetha^
way OB his Trial for a Cheat, in pretendiDg
to be bewitched, 14 vol. 668.
JERMYN, Philip, Judge Of tk« Upper fiinch
during the Cooimonwe^thi 4 tol. 12l$9«
JOHNSON JPrancis.— His Trial dt Worcester
for High Treason, under the Stat, tf Bliz.
c. 2, for coming M a Popish PH^st ihto
England, and remaining there. 31 C&r. 2,
1679, 7 vol. rid.- H6 reftised the Oaths of
Allegiance and Supremacy before a Justice
of Peace at the Sessions, ibid. r30.-»-Evidetce
against him on his Trial, ibid. t34.— He is
found Guilty, ibid. 744.— Sentence of Death
is passed upon him, ibid. 745.— BiS Dying
Speech, ibid. ^47, 7A0.
JOHNSON, George. See AHerbufiff J^tou^i
Bishop,
JOHNSON, Robert^ Judge of C« P. in IllAtnd.
•^Proceedings against him ifi the QeilfU of
King's Bench and Bsdhequer ill Ireland, &nd
in the Court of King^sJBench ia Stigbmd^
for Libels upon the Lord Lieutemltit and
other high Officers in Xf6lttttd> 46 iM 46
Geo. 3, 1805, 29 voU dl.<^Upott HMftiftt ar-
rested in Ireland, hd iUes out ft Hftheas
Corpus returnable beford the Chief Justice
of the King's Bench theriS, ibid. 8f .—
The Return to the Habeas Corpus, ibid. ib.
>— His Account of the circumstances whiah
preceded his Arrest, ibid. 90.-— The Argu-
ment upon the Return is adjourned into the
Court of King^s Bench, ibid. 102.— Counsel
for the Prosecution and for the Defendant,
Argument
Discharge, ibid. 124. — Mr. Johnson^s Argu^
ment on Uie same side, ibid. 140.-^Argu-
inent of the Attorney General in Replr, imd.
167 Judgment of the Court tlial the De-
fendant is not entitled to be dischaif ed^ i/Lu
Justice Day dissenting, ibid. 180. — ^rroceed--
ings in the Court of Exchequer in Ireltod,
upon a Habeas Corpus sued out of that
Court by the Defendant, Ibid. . 215.— Mr.
Burrowes's Argument for the D«fetidliht*8
Distiharge,ibid . ib^-^Mr. Ciimy/s A»ttffi«&t
on the same side, ibid. 226. — Mr. Jdomlon's
Argument on the same side, ibid. ff58.»-^Mr«
Prime Seijeant's Argument against the De-
fendant's Discharge, ibid* 288*— Jtfdgltteilt
of the Court of Exchequer Against the
Defendant's Discharge, Mr< Baron Smith
dissentincN ibid. 293.— Proceedings in the
Court of King^s Bench in England, upon the
Defendant's Plea to the Jurisdictioh of the
Court, ibid. 359.— the Indictment* ibid* ib*
«— His Plea to the Jurisdiction, ibid. 385. —
General Demurrer thereto, ibid» 386«— ^r.
Abbott's Argument in support of the De*
murrer, ibid. 388.-:Mr. Richardijon's Argu*
ment in support of the Ple% ibid. 394.—
Judgment of the Court against the Plea,
ibid. 4lO.-^His trial, at the Bar of th# Court
F 2
u
GJENERAL INDEX TO
of King's Bench at Westminster, ibid. 413.
—Introductory Note to the Trial, containing
the Proceedings in Parliament subsequently
to the Decision of the Irish Courts, ibid. ib.
— CSounsel for the Prosecution and for the
Defendant, ibid. 423. — Speech of the Attor-
. ney General for the Prosecution, ibid. ib. —
Bridence for the Prosecution, ibid. 436. —
Mr. Adam's Speech for the Defendant, ibid.
. ■ 458. — Evidence for the Defendant, ibid. 479.
. —Reply of the Attorney General, ibid. 492.
«-Lord Ellenborough's Charge to the Jury,
ibid. 498.— The Jury find him Guilty, ibid.
502. — ^A Nolle Prosequiis afterwards entered
on the Record, ibid. ib.
JOHNSON, Samuel.— His Trial at the Bar of
thetlburt of King's Bench for publishing
two seditious Libels, 2 Jac. 2, 1686, 11 vol.
Id39.-^ubstance of the Information, ibid.
1340.^— Evidence against him, ibid. 1346. —
■ The Jury find him Guilty, ibid. 1350.— The
Sentence, ibid. ib. — ^The Judgment reversed
in Parliament after the Revolution, ibid.
1351. — His '^Reasons for the Establishment
of a Standing Army, and for dissolving tlie
Militia," ibid. 1341 (note).— Another Work
. of his, extracted from the Second Volume of
State Tracts, and published in 1692, ibid.
1342 (note).
JOHNSTON, William.— Proceedings against
him at Edinburgh for Contempt of Court, in
publishing a scandalous Account of the Trial
of Anderson and others before the Court of
Justiciary, 33 Geo. 3, 1793, 23 vol.43.--The
Court order him to appear and answer for
his conduct, ibid. 45. — He is sentenced to
three Months Imprisonment, and to find
Sureties for three years, ibid. 59. — Proceed-
ings against him in 1794, upon the forfeiture
of his Sureties for good Behaviour, by a
seditious Correspondence with Wm. Skirving,
ibid. 60.— Petitions against him, ibid. ib. —
The Correspondence with Skirving, ibid. 65
(note). — ^Answers of himself and his Sureties
to the Petition, ibid. 69. — ^No further Pro-
cedure took place, ibid. 80.
JOHNy the Painter. See AUken, James,
JONES, David. See Grey de Werk^ Ford,
Lord.
JONES, Edward. See Abington, Edward.
JONES, John, 5 vol. 1004, 1077, 1247. See
Begiades.
JONES, Sir Thomas, Judge of K. B. 29 Car. 2,
7 vol. 59, 174, 261, 706, 780, 838, 935, 1047,
1073, 1527, 8 vol. 243, 465, 564, 9 vol. 127,
329. — His Judgment in the Court of King's
Bench against the Discharge of the Earl of
Shaftsbury, upon a Return to a Habeas
Corpus brought by him upon his Commit-
ment by the House of Lords, 6 vol. 1296. —
His Charge to the Jury on the Trial of Tas-
boTough and Price, for Subornation of Per-
jury, 7 vol. 922. — ^He delivers the Judgment
gf the Court in the Case of the Quo War-
ranto against the Corporation of London, <
vol. 1265, 1267 (note).— He delivers hii
Opinion on the Trial of Lord'WilliamRassel
that want of Freehold is no Cause of Chal
lenge to a juror, 9 vol. 592. — His Charge u
the Jury on the Trial of SirThos.Gascoigne
for High Treason, in being concerned in th<
Popish Plot, 7 vol. 1036. — His Defence ii
the House of Commons of the Judgment o:
the Court of King's Bench in the C&se o
Jay and Topham, 12 vol. 823.— The Housji
declare him to be guilty of a Breach of Pri
vilege, by concurring in that Judgment, ibid
834, — ^The House of Commons resolve U
impeach him for Misconduct as a Judge, ii
imposing exorbitant Fines and refusing
Bail, 8 vol. 195.
. Chief Justice of C. P
10 vol. 1082, 1239. — He presided at th«
Trials of Fernley, Ring, Gaunt, and Cornish
for High Treason, 11 vol. 389. — Hogei
North's Character of him, 8 vol. 163 (note).
— Koger Coke's Account of. his . removai
from Office, ibid. 195 (note).
JONES, Valentine.— His Trial at Westminster,
for Frauds practised by him in his Office oi
Commissary General to the Forces in the
West Indies, 49 Geo. 3, 1809, 31 vol. 251*
— ^Abstract of the Indictment, ibid, ib^ — The
Attorney General's Speech for the Prosecu-
tion, ibid. 254? — Eviaence for the Prosecu-
tion, ibid. 268. — ^Mr. Dallas's Speech in his
Defence, ibid. 293. — Evidence for the De-
fendant, ibid. 308. — Reply of the Attorney
General, ibid. 311.— Lord EUenborough's
Charge to the Jury, ibid. 321. — ^The Jury
find him Guilty, ibid. 336.— Proceedings in
the Court of Kind's Bench on his being
brought up for Judgment, 33 vol. 1567. —
Mr. Dallas's Speech in mitigation of Punish-
ment, ibid. 1575. — ^The ['Attorney General's
Speech in Aggravation, ibid. 1578. — The
Judgment of the Court, ibid. 1583.
JONES, Sir William, Judge of K. B. 3 Car. 1,
3 vol. 359. — His Answer in the House of
Lords, for his Judgment as one of the Court
of King's Bench on the Habeas Corpus
brought by Sir Thomas Darnell and others,
imprisoned for refusing to subscribe to the
Loan, 3 vol. 162. — He signs the Opinion in
favour of Ship-Money v?ith the other Judges,
ibid. 844. — His qualified Opinion in favour
of Ship-Money in the Case of Hampden,
with his Argument in Support thereof^ ibidl
1181.
JONES, Sir William, Attorney General, 3d
Car. 2, 7 vol. 234, 261, 312.— His Speech
on opening the Case against Philip, Earl of
Pembroke, on his Triid in the House of
Lords for the Murder of Mr. Cony, 6 voL
1321. — His Speech for the Prosecution ob
the Trial of Stayley for Treason, ibid. 1503-
— Being called by Writ as Assistant to the
House, he sat within the Bar on that occa-
sioui ibid. ib.^-His Speech for the Pro^ectN
THE STATE TRIALS.
OB
tioo, on the Trial of Edward Coleman for
Treason, in being concerned in the Popish
Plot, 7 fol. 9. — His Speech for the Prosecu-
lioo on the Trial of Lord Comwallis for
Murder, ibid. 149. — His Speech for the Pro-
KCQtion, on the Trial of the supposed Mur-
derers of Sir Edmondbury Godfrey, ibid.
163.— Characters of him by Burnet, Roger
North, and Sir William Temple, 8 irol. 174
(note).
JONES, Sir William.— His Dialogue between
I Gentleman and a Farmer, on the Principles
ofGoremment, 21 vol. 894.
JUNIUS.— Trial of John Almon for publishing
Jnnins's Letter to the King, 20 vol. 803. —
The Letter aa set out in the Indictment, ibid.
805.
liACH, Benjamin. — ^His Trial at the Assizes
for the County of Bucks, for a Libel, 17 Car.
2, 1665, 6 vol. 701.— Chief Justice Hyde's
nfeeling Conduct towards him, ibid. 702,
f08.— Tlielndictmentj ibid. 703. — Hepleads
Not Guilty, ibid. 705. — Evidence against
lum, ibid. ib. — He is found Guilty, ibid. 708.
Sentence passed uponhim^ ibid. 710.
JIEARNEY, Edward.— His Trial under a
! Special Commission of Oyer and Terminer
I at Dublin, for High Treason in being conn
I eemed in the Irish Insurrection, 43 Geo. 3,
I 1803, 28 vol. 683.— Mr. Justice Downes's
i Charge to the Grand Jury, ibid. 684.— The
I lodicunent, ibid. 692.— Speech of the At-
torney General for the Prosecution, Ibid.
695.— Eridence for the Prosecution, ibid.
r07.— Mr. Ball's Speech for the Prisoner,
ibid, 735. — Evidence for the prisoner, ibid.
742.— Lord Norbury's Charge to the Jury,
ibid. 746.-The Jury find him Guilty, ibid.
751.— He is executed^ ibid. 752.
KEATING, John, Chief JusUce of C. P. in
Ireland, 1 Will, and Mary .—His Charge to
the Grand Jury previously to the Trial of
KTeral Protestants found in arms in Ireland,
12tol. 616.— Lord Clarendon's Account of
K ibid. ib. (note).
XEBLE, Richard. — ^He is one of the Commis-
Moncrs for the Trial of John Lilburne for
High Treason, l Car. 2, 1649, 4 vol. 1269.
-His Charge to the Jury on the Trial, ibid.
1401.— He is President of the High Court
01 Justice, on the Trials of Christopher Love
vA John Gibbons, 5 vol. 49, 268.
^^^^G, Josiali. — His Examinations re-
jecting the Rye-House Plot, 9 vol. 365.—
«« Eridence against Thomas Walcot, ibid.
^3.— His Evidence against William Hone,
*id. 574.— His Evidence against Algernon
Sidney, ibid. 848.
^AN, Thomas.— His Trial at DubUn
ywer a Special Commission of Oyer and
Aenniner, for Higb Trea.Hon, in being con-
doned in the Irish Insurrection, 43 Geo. 3,
1803, 28 vol. 1239.— The Indictmeiity ibid,
ib. — Speech of the Attorney General for the
Prosecution, ibid. 1243.— 'Evidence for the
Prosecution,ibid. 1246.— Mr.Busbe'sSoeech
for the Prisoner, ibid. 1254. — ^LordNornury's
Charge to the Jur^, ibid. 12Q5.— The Jur/
find him Guilty, ibid. 1268. — ^Lord Norbury's
Address on passing Sentence upon himy
ibid. 1269. — He is exeouted, ibid. 1272.
KEIGLE, Henry. See Green, Captain Thonm,
KEITH, Alexander.— His Trial at Edinburgh
ibr Sedition, Mutiny, and Tumult in Burgh.
2 Jac.2, 1686, 11 vol. 1017.— He is found
Guilty, and sentenced to Death, ibid. 1024.
KELLY, George. See AUerbury, Frmea,
Bishop,
KELYNG, John, King's Seijeant, 5 vol. 1177»
6 vol. 76, 229. — He was ordered to attend
as Counsel for the King at the Consultation
of the Judges previously to the Trial of the
Regicides, 5 vol. 971. — His insulting Con«
duct to Sir Henry Vane on his Trial, 6 vol.
171.
Sir John, Judge of K. D. 15 Car. 2,
6 vol. 532.
, Chief Justice of K. B. 18
Car. 2, 6 vol. 769, 879. — Mr. Luders says
that he had the character of being a violent
Cavalier, 6 vol. 910 (note).— He was accused ^
by the House of Commons of illegally fining
Juries, ibid, ib.— Account of the I^roceed-
jngs against him in the House of Commons^
ibid. 992* — His Report of the Opinion of
the Judges in Messenger's Case, ibid. 892.
— His Report of the Resolutions of the
Judges in Ix)rd Morley's Case, ibid. 769.
KENDALL, Thomas.— Proceedings in the
King's Bench respecting him and Riefaard
Roe, on a Habeas Corpus upon a Commit*
ment for High Treason, by the Secretary of
State, 7 Wm. 3, 1695, 12 vol. 1359.— The
Return to the Habeas Corpus, ibid.. ib. — Sir
Bartholomew Shower's Argument against the
legality of the Commitment, ibid, ib.—
Answer of the Attorney and Solicitor Ge*
neral, ibid.l 366. — Sir Bartholomew Shower's
further Argument against the Commitment,
ibid. 1368.— The Court bail the Prisoners,
ibid. 1376.
KENMURE, William, Viscount, 15 vol. 761.
See Denventwater, JameSf EarV o/*.— Letter
written by him on the day before his Exe-i
cution, ibid. 803.— His Execution, ibid. 806.
KENN, Dr. Thos. Bishop of Bath and Wells.
See Seven Bit^.— Granger's Account of
him, 12 vol. 186.
KENNEDY, Thos.— His Trial in Ireland, for
High Treason, in being concerned in the
Rebellion of the Defenders, 36 Geo. 3, 1796,
26 vol. 353.— The Indictment, ibid. 355. —
The Attorney General's Sneech for the Pro-^
secutioD, ibid. 362.— Evioence for the Pio-
1/0
GENEttAL INDEX TO
SMUtloDy lUd. d65v^Mr. McNally's Spetch
for the Deftnet, ibid. 370.-^Mr. J^ysaght's
Sbeech on lommiDg up the Evidence for the
Befonee^ ibid. 3r8.^Mr. Prime Serjeant's
Reply, ibid. 381.— Xord ClonmelVs Charge
to the Jary^ ibid. 383.-*^The Jury find him
Guilty bnt recommeDd him to mercy» on
aeconnt of his youth^ ibid. 388. — Lord Clon-
mell'a Address on passing Sentence upon
him itQd Hart, ibid. 420. — ^Lord Clonmeil's
Address to the Grand Jury on the close of
this and the other Trials of the Defenders^
ibid. 4t5,
EBIinrON, Uoyd, Counsel.^-His Speech in
Defence of Lord George Gordon on his Trial
ibr High Treason, in having promoted the
No Popery Riots in 1780, 21 vol. 546.
■■ . ■ '■ Chief Justice of the Court
of Great Session for the County of Denbigh.
He delivers the Judgment of the Court in
favour of the postponement of the Trial of
the Dean of SW Asaph for a seditious Libel,
21 vol. 868.
^m Chief Justice of K. B.
>f»a
22 vol. 309, 358. — ^His Charge to the Jury
on the Trial of John Stockdale for a Libel
on the House of Commons, 29 vol. 291. —
His Charge on the Trial of John Frost for
Seditious Words, ibid. &16.w.His Charge on
the Trial of Lambert and Perry for publish-
ing a Seditious Libel in the Morning Chro-
nlele, ibid. 10ia.<--His Charge on the Trial
of Stone for High Treason, 25 vol.1493. —
His Charge on the Trial of John Reeves for
ft Libel on the English Constitution, 26 vol.
590.>-*His Charge on the Trial of Thomas
Williams for publishing a blasphemous Libel,
ibid. 703.
KBRNE. Chartes.-^His Trial at Hereford for
High Treason under the Stat. 27 £lia. o. 2.
for eoming as a Seminary Priest into £ng-
land, and remaining there, 31 Car. 2, 1679,
7 vol.- 707.r-^The Indictment, ibid, ib, —
lEvidenee against him, ibid. ib^Evidence
in his Defence, ibid. 712.-^Chief Justice
Scroggs's Charge to the Jury, ibid.714.-«The
Jury acquit him, ibid. 716.
KETELBEY, Abel, Counsel, 16 vol. 114, 17
vol. 435. — His Speech in Defence of John
Matthews on his Trial for High Treason, in
publishing a Pamphlet asserting the Pre-
tender's Title, 15 vol. 1364.«-*His Speech in
Defence of Christopher Layer on his Trial
T High Treason, in levying war to bring in
Pretender, 16 voU 237,
KEY, Roberta cSee IFilkwgttm, Tkonm.
KEYES, Robert. See Winter, Robert.
KilYESj TliomajJ, See CAamocft; Bo^r*,
KTOD, CaptaiA WilliauJ. His Trial in the
Adoiiralty Court for Murder upon the High
Sea^, 13 Win, 3, 1701. 14 vol. 123.-~He
hesitates to plead, ibid. 127.~He pleads
Not Guilty, ibid. 131.— The Indiotnent,
ibid. 130. — Evidence against him, ilMd. 134.
—His Defence, ibid. 188. — Evidence foi
him, ibid. ib. — Chief Baron Ward charges
the Jury, ibid. 143.— The Jury find him
Guilty, ibid. 146.— His Trial with Nicholas
Churchill, James Howe, Robert Lamley,
William Jenkins, Gabriel Loffe, Hugh Par-
rott, Richard Barlicorn, Abel Owens, and
Darby Mullins, for Robbery and Piracy on
a Ship called the Quedagh Merchant, at thi
same Admiralty Sessions, ibid. 147. — The
Indictment, ibid. ib.-<-Several of tbePrisoners
state that they surrendered upon the King*s
Proclamation, and are therefore entitled to i
Pardon, ibid. 148. — ^The Proclamation, ibid.
149. — ^The Court decide that th^ are not
within the words of the Proclamation, ibid.
151. — Opening of the Case for the Prosecu-
tion, ibid. ib. — Evidenee for the Prosecution]
ibid. 155.*-'Kidd's Defence, ibid. ie9.-*H6
gives in evidence Commissions of Reprisals
and for cruising against the French, and as«
serts that the Quedagh Merchant had a
French Pass on board, ibid. ib.-^DefeBces
of the other Prisoners, ibid. 173.«-^Chief
Baron Ward's Charge to the Jury, ibid. 180.
-^The Jury find them all Guilty excepting
Lamley, Jenkins, and Barlicorn, ibid. 186.
—Four other Indictments for Piracy against
them, ibid. 187. — ^ITieir Trials on two of the
other Indictments, ibid, ib, — 'They are found
Guilty, with the exception of Lamley, Jenk-
ins, and Barlicorn, on both Indictments, ibid.
%X7* — ^Their Trial on the two remaining In-
dictments, ibid, ib, — ^Three of them, wlio
came in on the Proclamation, ples^d Guilty,
ibid. 218.— The others, excepting Lamley,
Jenkins, and Bariicom, are found Guilty,
ibid. 231, — Sentence of Death Is passed
upon all who were convicted, ibid. 233«—
Kidd is executed, ibid. 234.— Proceed-
ings in the House of Commons f^om which
these Trials arose, ibid. 123 (note)t
SILLEN, John.— His Trial with John Mac
Cann, otherwise called John Mac Kenna,
under a Special Commission at Dublin, for
High Treason in being concerned in tha
Irish Insurrection, 43 Geo. 3, 1803, 28 vol,
995.'^Mr. Prime Serjeant's Speech for the
Prosecution, ibid. 996.— Evidence for the
Prosecution, ibid, 998.— vMr, Curran's
Speech in their Defence, ibid. lQ06.-^Eri-
dfince for the Prisoners, ibid, tP13,— Mr.
Baron Daly's Charge to the Jpry, ibid* 10?8.
—The Jury find them Guilty, ibid, 1040.-
They are executed, ibid, 1042.
lilLMABNQCK, William, i;arlof.-Procfl€d-
ingf iu the House of Peers on Indictroents
against him, George Eari of Cromertif, and
Arthur Lord Balmerino, for IIighTrea»eB,in
being concerned in the Rebellion of 1745, 20
Geo. 2, 1 746, 1 6 vol. 441 .—Resolutions of the
House respecting the method of their Trial,
ibid. 442.— Commission to Lord Chancellor
Hardwieke, as Lord High Stewafd, ibli
THE STATE T«IAta,
449^-i^flM ladietnemts, ibid. 454.— The
Lord Hiffh Steward's Address to (he Pri-
sooen wnea brought to the Bar> ibid. 459.
v^liBFd Kikmavnock and Lord Cromertie
plead 'Ottilly, ibid. 460, 461.^Lord Bal-
merino pleads Not Guilty, ibid. 462. —
Speeches of the Kiog's Counsel on opemng
th&r Case ^aiost Lcud Balmecino, ibid. 463.
— Evidence for the Prosecution, ibi^. 470. —
Uia Defenoe, ibid. 48X* — lie is unanin^ovisly
found Guilty, ibid. 487. — Lord Kilmarnock^
Address q^ being eallfd upon for Ji^4giQeBtf
ibid, 489. — ^Lord Croptertie's Speech on the
same Occasion, ihid> 49^. — Loj^ Bal^nerino
in^kes an Objection in arrest of Judgment,
ibid. 494i^^He withdraws his Objection,.
ibid. 497* — ^Sipeech of the lord High Stew-
ard WH pmi^g Judgmtii^t, ibid, ib.— AccQunt
of the conduct of Lord Kilmarnock after his
Sentence, {^nd ^t his Execution, by James
Foster, ibid. 503.— His interview with Lord
Balmerino on his way to the place of Execu-
^op, ibid, §11. — His Peliuon to t/ie Kipg,
ibid. 5Xi% — His I-etter to his Son, ibid. 516.
— Paper delivered by him to ]VIr. Foster at
the place of Execution, ibid. 517. — Account
qf his aud Lord Balmerino's Conduct by apo-
ther hand, ibid. 5l8.-^Case of Lord Cro-
mertie, sis priQted and said to be presented
to ^he KiQg, ibid. 525. — He is pardoned,
ibid, 5^8. — ^The Paper delivered by Lord
Balmerino to the Sheriffs at the pl^^ce of
Execution, ibid. 523, 856.
KILWARDEN, Arthur, Viscount, Chief Jus-
tice of K. B. in Ireland, 27 vol. 1343.-^His
Charge to the Jury in the Case of Hevey
ag^ipst Sirr, 28 vol. 47. — Accourit of his
Assassination in the Streets of Dublin, ibjd.
734, 700 (npte). See Wolfp, Arthur.
KIMBOLTON, Edward, Lord. See Mm-
ekeMter^ Edward, Earl of. — Proceedings in
Parliament upon a Charge of High Treason,
made by Charles the First against him,
Denzil Hollia, Sir Arthur Haslerig, John
Pym, John Hampden, and William Strode,
If.Car. 1, 1641, 4 vol. 88.— The Attorney
General, by the King's Command, exhibits
Articles of High Treason against them in the
House of Lord^, ibid. ib. — ^The King sends a
Message to the House of Commons, requir-
ing the Fiye Members to be given up to him,
ibid. 36. — ^The Answer of the Cooimous,
ibid* 37.-^The King goes to the House of
Commons apd demands the Five Members,
ibid. 87,— The Speaker's Answer to jhe King,
ibid, 90. — Lord Clarendon's Remarks on the
inmrudence of this measurci ibid. 87 (note).
— ^Tha Cop^mons declare the King's coming
to theiir |Iouse to be a breach of their Pnvi-
|e|;es, ibid. 02,— Speeches of IVfr- Pytn> Sir
A. ll^Jerigf ^nd Mr. Strode, in vindication
of Ihienos^lves frgm the ^^rticli^s of Treason,
ibid. 93. — ^The King abandons thjB Proceed-
ings against them, ibid. 101. — Tlie Attorney
G^eral disclaims all knowledge of the truth
of the Artifites charged against them, ibid.
II
10$.-The PeclmtiQl M ^ n9m of
Cos^moBS respecting tl^e brfadt^ of their
Privileges by these Prooe^iiu^ ibid. )Q4.
^The Cownons pe^itio^ w King to
proceed agaiqst the Lgjrd Kimbplton and. ^he
Five Men^beriTs, ibid. 107.— Tl^ King a^biiin-
dons their farther Pros^ution, ifa^d. 108*. —
An Act of Parliament is passed to yinc^ps^te
them, ibid. 109.— Lior4 CWeudon's Aoooqnt
of theiv triumphal Return frpos London to
Westminster, ibid, ib.— rHis ^ip^ks on^he
efieots of these Proceedings, ibid. 83 (np^).
— After he beifiame Earl of M^^chester, l^
Kin\bolton s^t ^ J^dge vpoi^ the Trial oflne
9egioi«fes» ^ vol. 9^ (note).
KINCH, Tbomas. See SMekhy WiUiani,
KllNG, peten Counsel. — {lis Speech in |he
Ifouse of Commons in \he Debate oi| |he
Greiit Cas^ of Ashby and Whitej 14 vol.
7?9.
KING, Sir Peter.-r}lis Speech iv^ Suppprt of
the Second Article of Impeachment agaifist
Dr. Sacheverell, 1$ vo}. 134.— |lis Speech
in Reply, to 3s(chevereU's Defence ta^^at
A^de, ibid. 419.
• Chief Jiistice of C. P. 5
Geo. 1. — Hi^ Charge to the Jury on |he
Trial of John Matthews for High Treason^in
printing a Pamphlet asserting ^he Pretepder's
title, 15 vol. 1386. — His Speech on deliver-
ing his Opinion in favour of the King's Pre-
rogative concerning the Marriage and pd|i-.
cation of the Royal Family, ibid. t222.— His
Charge to the Jury on the Trial of Wood-
burae and Coke on $^ Prosepution under the
Coventry Act, for slitting the nose of Mr.
Crispe, 16 vol. 74. — He was Speaker pf the
House of Lords on the Trial of th^ I|n«
peacbment of Loid Ch^noellor Mai^elesfield,
ibid. 768.
KINGSTON, Elizabeth, Duphess of.— Her
Trial in the House of fiprds for Bigan^y, 16
Geo. 3, 1776, 20 v<>l« 855.— The Court of
King's Bench, on her being brought up by
Habeas Corpus, admit her to Bailwit}! the
consent of the Prosecutor, ibid. ib. (no^e).
Commission to Lord Chancellor Bathurst to
be Lord High Steward|ibid. 358* — Certiorari
and Return thereto containing the Indict*
ment, ibid. 368.— The Lord High Steward's
Address to her on her being brought to the
Bar, ibid. 370.— She pleads If pt Guilty, ibjd.
372.---She offers to produce a Sentence of
Jactitation in the Ecclesiastical Court agaipsi
her first Marriage, ibid. ib.-r-The Attorney
General objects to the admissibility of it in
Evidence, ibid. ib*-rrHer Coifnse) ^re he^rd
in support of the production of the Spnt#qee,
ibid. 8T4.-r-.The Attorney G9neral i^onsents
that the Proceedings in the Eeclesiastipal
Court should be read, ibid. 375. — TN Pro-
ceedings are read, ibid. 377.— Mr.. Wallace's
Argument for the Duchess that the Sep|#»€e
7i
GENERAL INDEX TO
of the EcclesiasticftlGonrt, aDculling the first
Marriage, is a conclusive Answer to the
charge of Bigamy, ibid. 391.— Mr. Mans-
field's Argument on the same side, ibid. 403.
—Dr. Calvert's Argument on the same
side, ibid. 417. — ^Dr. Wynne's Argument on
the same side, ibid. 429.--Tbe Argument of
the Attorney General for the Prosecution,
ibid. 446. — Argument of the Solicitor
General on the same side, ibid. 464.— Mr.
Bunning's Argument on the same side, ibid.
481.— Dr. Harris's Argument on the same
side, ibid. 494 —Mr. Wallace's Reply, ibid.
508. — Dr; Calvert is heard in reply, ibid.
530. — ^'I'he House direct the Attorney General
to proceed with his Charge, ibid. 539. —
His Speech on opening the Case, ibid. ib. —
Evidence for the Prosecution, ibid. 559. —
The Duchess's Defence, ibid. 602.— Evi-
dence for the Defence, ibid. 613.— The
Solicitor General declines to reply, ibid.
622.— The Lords find her Guilty^ ibid. 623
-—She prays the benefit of Peerage according
to the Statutes, ibid. 625.--The Attorney
General's Argument against her claim to the
benefit of Peerage, ibid ib. — Mr. Wallace's
Argument in Support of it, ibid. 633. — Mr.
Mansfield's Argument on the same side,
ibid; 634.-^The Attorney General's Reply,
ibid. 637.— The Question is referred t5 the
Judges, who give their Opinion that a
Peeress is entitled to the benefit of the
Statures, ibid. 642 (note). — She is discharged,
ibid. 644..
KINLOCH, Charles and Alexander.— Foster's
Report of the Proceedings relative to their
Plea to an Indictment for High Treason, in
being concerned in the Rebellion of 1745,
that tbey were born and apprehended in
Scotland and ought to be tried there, 20 Geo.
• 2, 1746, 18 vol. a95.— They plead Not
Guilty in the first instance, ibid. 396. — Af-
terwards the Jury are discharged by consent,
and the Prisoners are permitted to withdraw
their Plea of Not Guilty, and to plead spe-
cially to the Jurisdiction of the Court, ibid.
397. — ^Their Plea to the Jurisdiction, ibid.
398. — ^The Attorney General demurs to it,
ibid. 400. — The Court give Judgmentagainst
the Plea, ibid. 401. — On pleading a second
time Not Guilty, they are tried and convicted,
ibid. ib. — They move by their Counsel in
arrest of Judgment, on the ground that the
Discharge of the first Jury was illegal,, ibid.
402. — ^The Court give Judgment against the
Prisoners, ibid. 405 —Mr. Justice Foster's
l^easons for concurring in the Judgment of
the Court, ibid. ib. — The Prisoners were not
executed, ibid. 401.
KINLOCH, Sir Archibald Gordon, Bart.-^
His Trial at Edinburgh for the Murder of
Sir Franeiff Kinlochy his^ Brother German,
a5 Geo. 3, 1795, 25 vol. 891.— The IndicU
ment, ibid. ib.— Mr. Hume opens the Nature
Of the Defence, ibid. 894.— Evidence for
Ifee JProsecution^ ibid. 900.-->Evidenc^ for
the Defence, ibid. 944. — Evidence of Miss
Rinloch, Sister of the Panel, .ibid. ^52. —
Speech of the Lord Advocate for the Pro*
secution, ibid. 968. — Mr. Hope's Speech for
the Panel, ibid. 978. — ^The Court sum up
the Evidence, ibid. 997. — ^The Jury find that
the Act was committed under the influence
of insanity^ ibid. 998. — Judgment of the
Court, ibid. 999.
KINNERSLEY, Thomas. See Hales, William.
KINNYNMOUNT, Patrick.— His Trial in
Scotland for Blasphemy and Adultery, 9
Will. 3, 1697, 13 vol. 1^73.— The Indict-
ment, ibid. 1274.— His Defence, ibid. 1278.
— ^The Court having deserted the Dyet as to
the principal part of the Charge, the Lord
Advocate abandons the ProcQedings^ ibid.
1282.
KIRBIE, Luke. See Campion, Edmuttd,
KIRKBY, Colonel Richard.— His Trial with
Captain John Constable, Captain Cooper
* Wade, Captain Samuel Vincent, and Captain
Christopher Fogg, at a Court Martial in
Jamaica,for Cowardice aud Neglect of Duty,
1 Anne, 1702, 14 vol. ^37.— Vincent and
Fogg appear as Witnesses for the Crown,
ibid. 538. — Evidence against Kirkby, ibid.
537. — He is sentenced to be shot, ibid. 542.
— Evidence against Constable, ibid. ib. — He
is cashiered, ibid. 543. — Evidence against
Wade, ibid. ib. — He is sentenced to be
shot, ibid. 544. — Evidence against Fogg and
Vincent, ibid, ib.— They are sentenced to be
suspended, ibid. ib.
KIRWAN, O^en.— His Trial under a Special
Commission at Dublin for High Treason
in being concerned in the Irish Insurrection,
43 Geo. 3, 1803, 28 vol. 776.— The Indict-
ment, ibid. ib. — The Attorney General's
Speech for the , Prosecution,* ibid. 778* —
Evidence for the Prosecution, ibidJ 780. —
Mr. Currants Speech for the Prisoner, ibid.
786.— Evidence for the Prisoner, ibid. 798.
—Mr. Baron George's Charge to the Jury,
ibid. 801.— The Jury find him Guilty, ibid.
804. — He is executed, ibid. 806.
KIRWAN, Thomas. See Sheridan, Dr, Edward.
KITCHEN,George. SeeGreen,CaptainThomas,
KNEVET, Sir Ed mond.— Account^ from
Stowe's Annals, of his Trial for striking
within the King's Palace at Westminster,
33 Hen. 8, 1541, 1 vol. 443.— He is found
Guilty, and has Judgment to lose his right
hand,ibid. 444. — ^List of persons called upon
taexecute the Judgment, ibid. ib. — ^The King
grants him a free pardon, ibid. 446.— Har-
grave's Introductory Note to this Trial, ibid.
443. — His Examination before the Council
respecting the Charges against the Earl of
Surrey, ibid. 454.
KNIGHTLEY, Alexander.— His Trial at the
Bar of the Court of King's Bemch for High
THE STATE TRIALS.
7«
Treason, in being concerned in the Assas-
sination Plot, 8 Will. 3, 1696, 13 vol. 397.—
The Indictment, ibid. ib. — He pleads Not
Guilty, bat afterwards withdraws his Plea
and confesses the Indictment, ibid. 400.—
Sentence is passed upon him, ibid. 403. — He
is afterwards pardoned, ibid. 406.
KNIGHTLEY, Sir Richard.— Proceedings in
the Star-Chamber againsthim, Mr. Halles,and
Sir — Wickstone and his Wife, for maintain-
ing and enconraging seditious and sectarian
Books, 31 £liz.l688, 1 vol. 1263. — Informa-
tion of the Attorney General, ibid. ib. —
Knightley^s Answer thereto, ibid. 1266.*-
Hales's Answer, ibid. 1267. — Wickstone's
Answer, ibid. 1268.^— Their several Punish-
ments, ibid. 1270. — Account of Knightley,
ibid. 1271 (note). — Camden's Notice of these
Proceedings, ibid. 1S72 (note).
OOWLES, Charles (commonly called Earl of
Banbury). — Proceedings against him in the
Sing's bench for the Murder of Philip Law-
son, 4 and 5 Will, and Mary, 1692-1693,
12 vol. 1167. — The Indictment, ibid. ib. —
He pleads his Peerage in Abatement, ibid.
1168 — The Attorney replies that the House
of Lords had dismissed his Petition to be
tried by his Peers, ibid. 1170. — -He demurs
to the Replication, ibid. ib. — Judgment of
the Court in favour of the Plea, ibid. 1191.
— Account of these Proceedings delivered
to the House of Lords by the. Attorney
General pursuant to their Order, ibid. 1171.
— ^His Petition to the Ring upon the Pro-
ceedings in the King's Bench, ibid. 1175. —
The King refers his Petition to the House
of Lords, ibid. 1177. — Examination of Lord
Holt and Mr. Justice Eyres by a Committee
of Lords oj the subject of their Judgment in
ttis Case, ibid, 1179 (note). — ^The criminal
Proceedings against him discontinued, ibid.
1205. — Account of the Proceedings in the
House of Lords in 1661, respecting the Title
of the Earl of Banbury, ibid. 1183. — Mr.
Hargrave's Notice of this CasCj^ ibid. 1203.
•^Mr. Hargrave's Observations on his Claim
to the title of Earl of Banbury, ibid. 1205.
KNOX, Thomas. — ^His Trial with John Lane
at the Bar of the Court of King's Bench, for
a Conspiracy to destroy the credibility of the
Witnesses for the Crown in the Trials
respecting the Popish Plot, 31 Car. 2, 1679,
7 vol. 763. — Indictment against them, ibid,
ib.— They plead Not Guilty, ibid. 766.— The
King's Counsel open the Charge against
them, ibid. 767. — Evidence against them,
ibid. 771. — Speech of Mr. Withins, Knox's
Counsel, ibid. 801. — Evidence for him, ibid.
804. — Mr. Holt's Speech for Lane, ibid.
808.— They are found Guilty, ibid. 812.—
Their Sentence, ibid. ib.
KYD, Stewart, Counsel.— His Speech in De-
fence of Thos. Williams on his Trial for a
blasphemous libel, 26 vol. 671. — He was
indicted jointly with Hardy and others for
High Treason in 1794, 24 vol. 2^2.— After
the Acquittal of Hardy and Home Tooke,
the Attorney General declines offering any
Evidence against him, and he b dischanred.
25 vol. 745. '
LAING, Malcolm. — ^Account of the Trial of
the Earl of Bothwell for ibe Murder of
Henry, Lord Darnley, extracted from his
History of Scotland, 1 vol. 911.— His Re-
marks upon Charies the First's insincerity of
Character, 4 vol. 1151. —His Account of the
Transactions connected with the Trial of
Archibald, Marquis of Argyle, 5 vol.1369
(note).— His Character of him, ibid. 1508
(note).— His Account of the Trial of Archi-
bald, Earl of Argyle, 8 vol. 851 (note).— His
Observations on Lord Balroerino's Trial in
Scotland for a Libel, 3 vol. 591 (note).— His
Account of Fletcher of Saltoun, 11 vol.
1049 (note).— His Account of the Duke of
Lauderdale, 6 vol. 1033.
LAKE, Dr. John, Bishop of Chichester. See
Seven JBisAcpj.— Granger's Account of him,
12 vol. 187.
LALOR, Robert. — His Trial in Ireland vpon
an Indictment en Stat. 16 Rich. 2, c. 5, for
procuring Bulls from Rome, 2 vol. 533. —
. The Indictment, ibid. 535. — He pleads Not
Guilty, ibid, 536.— Tlie Attorney General
produces the Charge againsthim, ibid. ib. —
Evidence against him, ibid. 554. — He is
found Guilty, ibid. 558. — Judgment passed
upon him according to the Statute, ibid. ib.
LAMBERT, John. See Peny, James.
LAMLEY, Robert. See Kidd, Captain Thomas.
LANCASTER, Thomas, Earl of.— Proceed-
ings against him for High Treason, in taking
Arms against the King, 15 Edw. 2, 1322, 1
vol. 39. — Record of his Conviction, ibid. 41.
— ^Assignment of Errors thereon, ibid. 45. —
The Judgment is reversed in the first Par-
liament of Edward the Third, ibid. 40.
LANE, John. See Knox^ Thomas.
LANGHORN, Richard.— His Trial at the Old
Bailey for High Treason, in being concerned
in the Popish Plot, 81 Car. 2, 1679, 7 vol.
417. — Tfie Indictment, ibid, ib.— He pleads
Not Guilty, ibid. 421. — Evidence against
him, ibid. 424. — Oates's Evidence, ibid.
526. — Evidence for him, ibid. 448. — Evi-
dence in Reply, ibid. 470. — ^Chief Justice
Scroggs'sCharge to the Jury, ibid. 479. — The
Jury find him Guilty, ibid. 486. — Sentence
of Death passed upon him, ibid. 487.-^His
conduct in Newgate, under Sentence, ibid.
586. — His Execution, ibid. 501. — His Dying
Speech, ibid. ib. — His Memoirs, published
soon after his Execution, ibid. 506. — His
Petition to the King, ibid. 529.
LATIMER, Hugh.— Passages from his Ser-
mons respecting the Execution of Lord
Seymour of Sudley, 1 vol. 505. — Bill of
Complaint presented to Edward the Sixth by
74
6ENEBAL INDEX TO
hhn and Hooper against Bonner, %bop of
I/>ncloD, ibid. 653.
LATIMERy Richard. See Messenger , Peter,
LAUD, William, Bishop of Bath and Wells.
-«-His Letter to Lord Scudamore containing
his Opinion respecting Tithes and the nature
and origin of the title to them, 4 vol. 436
(note).
Bishop of London. — His
•«..«»*«.•
Speech on delivering his Opinion in the
Star-Chamber respecting the Punishment to
be inflicted on Henry Sherfield, for breaking
a Window in a Church at Salisbury, 3 vol.
M8«-— He is said to have promoted the Pro-
secution of Prynne for puolishing ^' Histrio-
mastiXf* ibid, 561 (note). — He was accused
of aggravating to Charles the First, the Of-
fence of Richard Chambers in uttering
seditious words before the Pri^ Council,
ibid. 373 (note). — He threatens Felton with
the Rack, if he does not confess who con-
trived the Murder of the Duke of Bucking-
ham, ibid. 371.
Archbishop of Canterbury.
— His Speech in the Star-Chamber on pass-
ing Sentence against Prynn, Bastwick, and
Burton, for publishing several Libels, 3 vol.
725. — His Speech in the Star-Chamber on
passing Sentence against Williams, Bishop
of Lincoln, ibid. 792.— Kennett*s Anecdote
of his Conduct on seeing Lord Strafford
going to Execution, ibid. 1521 (note). — His
Trial for High Treason on an Impeachment
by the Commons, 16-20 Car. 1, 1640, 1644.
4 vol. 315.'— Mr. Grimstone's Speech against
him in the House of Commons upon the
Motion for his Impeachment, ibid. 317. —
Mr. HoUis, by command of the Commons,
accuses him in the House ofLords of Treason,
ibid. 318. — He is committed to the custody
of the Gentleman Usher, ibid. 319. — Mr.
Pym and others present Articles of Impeach-
ment against hira, ibid. 320. — ^The Arch-
bishop's Speech on the Articles being pre-
sented, ibid. 32^.-<-The Articles, ibid. 326.
—He is sent to the Tower, ibid. 330. —
Ordinances of the Parliament prohibiting
him from disposing of Preferments, and
sequestering his Dignities, ibid. ib. — Further
Articles of Itnpeachroent presented;^ ibid.
332. — He petitions for time to answer, and
for Counsel, ibid. 336.^ — Which are granted
to him, ibid, 337. — He petitions that the
Charges of Misdemeanour may be distin-
guished from those of Treason in the Arti-
cles, ibid. 336. — Upon which the Lords
refuse to give any Opinion, ibid. 339.-— He
answers. Not Guilty to the Articles, ibid.
340.— The Commons complain that there
is no Answer to the original Articles, ibid.
344. — His Answer to all the Articles, ibid,
345.— The Trial commenced, ibid. 349. —
He requires that the Commons may finish
the whole of their Evidence before he begins
his Defence, ibid. 550. — ^This is refused, and
he is ordered to defend himself npoa the
charges seriatim, ibid. ib.—Sei}eant Wilde's
Spe^ against him, ibid. 35d.«^The Arch-
bishop's Speech before the I^vidence is open-
ed, ibid. 357. — The Articles urged against
him, with his Replies, ibid. 364.-<'<vAfter the
Articles are gone through he reeapitulates
the points of his Defence, ibid. 566. — ^Mi?.
BrowB sums up the Charges for the Qom-
moos, ibid. 576.*^The Archbishop's Counsel
are heard, ibid. 577.-^Mr. Heme's SpeeNch
for him, said to haye been written by Hi^e,
afterwards Lord Hale, ibid. 577 and (note).
— Serjeant Wilde admits that no one act of
the Archbishop's amounted to TTeaaon, but
that all his Misdemeanours taken together
did, ibid. 586 (note). — Mr.Herne's hmooopous
Remark on this doctrine, ibid. ib.-^Hi8 Pe-
fence in the House of CoQiiQons, ibid. -^SS.
— ^The Commons pass an Ordinance deelariBp
him guilty of Treason, ibid. 596.-^TheIiQjrds
vote him guilty of endeavouring to subvert
the Laws, to overthrow the Protestant Reli-
gion, and that he was an enemy to Parlia-
ments, ibid. 598. — The Judges unanimously
declare that neither nor all of these Charges .
amounted to Treason, ibid. ib. — The lK>rds
pass an Ordinance of Attainder against him,
ibid. 599. — His Speech on the Scaffold, ibid.
600. — His Prayer, ibid. '622.^He is prevail-
ed upon by his Counsel, Mr. Heme, not to
term the Parliament Traitors in his Speech
on the Scaffold, ibid. 586 (note), — Ho is
beheaded, ibid. 603.^Judge Whitelocke's
Opinion of him, ibid. ib. — Lord Clarendon's
Character of him, ibid. ib. — A Brief Relation
of his Sufiferings and Death, taken from
Lord Somers's Tracts, ibid. 607.
LAUDER, Sir John. See Fountmnhall, Lard.
LAUDERDALE, Charles, Earl o*f.— Proceed-
ings at Edinburgh against him, Richard,
Lord Maitland his Son, and others, for offi-
cial Malversations respecting the Royal Mint
of Scotland, 34 and 35 Car. 2, 1682-3, 11
vol, 157.— Record of the Proceedings, ibid.
183.
LAUDERDALE, Richard, Earl of, 13 vol.
1442. See Melfort, John, Earl of,
LAUDERDALE, John, Duke of.— Proceed-
ings in the House of Commons against
him, 25 Car. 2, 1674, 6 vol. 1025.— The
House resolve upon an Address to the Kipg
to remove him from his Employments and
from his councils for ever, ibid. 1032. —
Burnet's Account of him, ibid. 1025 (note).
— Laing's Account of him, ibid. 1033, —
Statement of facts relative to his Administra-
tion in Scotland, 11 vol. 157 (note). — Roger
North praises his Government in Scotland,
ibid. 171 (note).
LAURENCE, Robert. See Boughton, Jokn.
LAW, Edward, Counsel, 22 vol. 231, 309.—
See Mknboroughy Edwgrdf Lord.
" Attorney General for Lan-
caster, 25 vol. 1155, 26 vol. 554, 27 vol. 621.
THE STATE TRIALS.
U
^^is fijMtoh on the Pfoteeutioii of Thomas
Walker and ethers for a treasonable Con-
spiraeyy 98 vol. 1081.— He was of Counsel
for the Prosecution in the Cases of Hardy
and Uorne Tooke, 24 toI. 238, 35 toI. 2.
— His Speech for the Prosecution on the
Trial of iR^edbead Yorke for a treasonable
Consp.iracY^ 25 vol, 1012. — His Reply in
the 9aQ)e Case^ ibid. 1137,
Sir Edward, Attorney €reneral.-**His
Speeeh for the Prosecution on the Trial of
Oovemor Wall for Murder, 28 vol. 51.
LAYER, Christopher.— His Trial at the King's
Bench bar for High Treason, in conspiring
to overturn the Govercmept and bring in
the Pretender, 9 Geo. 1, 1722, 16 vol. 93.—
The Indictment, ibid. 94. — On being brought
to the Bar to plead, b^ applies to have his Irons
taken off, ibid. 96. — ^The Court refuse to order
them to be taken off, ibid. 1 00. — His Counsel
move to quash the Indictment, ibid. 101. —
Arguments of the Counsel for the Prosecu-
tion against the Motion, ibid. 105. — ^The
Court refuse the Motion, ibid. 112.— He
pleads a Misnomer in abatement, and pleads
over Not Guilty to the Treason, ibid. 114. —
The Attorney General demurs to the Plea in
Abatement, ibid. 115. — The Prisoner's
Counsel ^P9^y ^^ time to join in Demurrer,
ibid. ib. — This is refused by the Court, ibid.
122.— He withdraws his Plea in Abatement,
ibid. 124.— The Trial, ibid. 129,— Speeches
of the Counsel for the Prosecution, ibid. 1 89.
— ^The Prisoner objects to a Witness for the
Crown, that he had been promised a Pardon
on condition of his giving Evidence against
him, ibid. 158. — ^The Objection argued, ibid,
ib. — ^The Court decide that it is no Objection
to the competency of the Witness, ibid. 161.
— Evidence for the Prosecution, ibid. 163. —
A Paper containing the Scheme of an Insur-
rection found in his custody, read in Evi-
dence against him, ibid. 208. — Mr. Hunger-
ford's Speech in his Defence, ibid. 233. —
Mr. Ketelbey's Speech in his Defence, ibid.
237. — Evidence for the Defence, ibid. 244.
— ^The Prisoner's Address to the Jury, ibid.
261. — Reply of the Solicitor General, ibid.
263, — Evidence in Reply for the Prosecution,
ibid. 287.— Chief Justice Pratt's Charge to
the Jury, ibid. 290. — ^The Jury find him
Guilty, ibid 299. — Sentence is passed upon
him, ibid. 319. — His Execution, ibid. 321.
— Paper delivered by him to the Sheriff at
the place of Execution, ibid. 322.
lAYTON, Sir Thomas. See FowUsy Sir Daoid,
LEACH, Pryden. — Proceedings in the Court
of King's Bench in Error in an Action for
False Imprisonment brought by him against
John Money, James Watson, and Robert
Blackmore, three of the Ring's Messengers,
5 and 6 Geo. 3,1765, 19 vol.1001.— Plead-
ings in the Court below, ibid. 1003. — The
Cause is tried and the Jury find for thie
Plaintiff, with 400^. Damages, ibid. 1006.-*
Bill of ExoeptioDS tendeied by the Defbad-
ants and receiv<ed, ibid. ib.*«-ABsignHieBt of
Errors upon the Bill of Exceptions, ibid.
1007.»*-ArgumeDt of Mr. De Gre^, Solioitor
General, for the Plaintiffs in Error, ibid,. 101 2.
--^Mr. Dupning's Argument for the Defend*
an(s in Error, ibid. 1020.— Reply of the
Solicitor General, ibid. 1024.-*-Tbe Court
affirm the Judgment of the Court below, upon
a collateral point, without giving any Decision
upon the principal pointi raised by the
Argument, ibid. 1028.
LEARY, Jeremiah. See O^Coigfy, Jamei.
LEARY, John.-Hls Trial in Ireland for High
Treason, in being concemed with a treason*
able Association called Defenders^ 36 Geo.
3, 1795, 26 vol. 295.-- The Indictment, ibid,
ib. — Evidence for the Prosecution, ibid. 302.
— Mr. Mac Nally's Defence, ibid. 321, —
Evidence for the Defence, .ibid. 331 .-— Evi-
dence in Reply for the Prgi^cution, ibid. 837.
<i*-Reply of the Solicitor General, ibid. 842.
"^Mr. Baron George's Charge to the Jury,
ibid. 347. — ^The Jury acquit him, ibid. 351.
LE BLANC, Sir Simon, Judge of K. B. 30
vol. 547, 066, 31 vol. 234. See WUte, Henry.
— His Charge to the Jury on the Trial of
Georee Mellor and others for the Murder of
Mr. Horsfall, 31 vol. 1008. — His Charges to
the Jury on the Trials of several of the Lud-
dites, under the Special Commission ^
York in 1813, ibid. 1068, 1102, 1139. ''
LECHMERE, Nicholas, Counsel.— He is
ordered by the House of Commons to be
taken into. Custody for pleading in tjhe Court
of King's Bench for the Discharge of the
Aylesbury Men, 14 vol. 809. — ^His Speeeh
in the House of Lords stating the grounds of
the Charge made by the Commons against
Dr. Sacheverell, 15 vol. 59. — His Speech in/
Support of the fourth Article of Impeach-
ment against him, ibid. 191.— His Speech
in Reply to the Defence made by Dr.
Sacheverell to the First Article, ibid, 406. —
His Speech in the House of Commons upon
a Motion for. the Impeachment of Lord
' Derwentwater and others for High Treason,
in being concerned in the Rebellion of 1715,
•ibid. 761,
■ ■ Attorney General,
5 Geo. 1. — His Speech for the Prosecution
on the Trial of John Matthews for Treason,
in printing a Libel asserting the Pretender's
titles 15 vol. 1833.^-~His Reply in the same
Case, ibid. 1378.
LE DESPENSER, Hugh. S«e Despenser,
Hugh,
LEE, Captain Thomas.—His Trial for High
Treason in conspiring forcibly to compel
the Queen to liberate the Earis of Essex and
Southampton, 43 Eliz. 1600, 1 vol. 1403.—
The Indictment, ibid, ib.— Evidence for the
Prosecution, ibid. 1404. — He is found
Guilty, ibid. 1409.— Judgment is passed
upon him, and he is executed, ibid. 1410.
76
GENERAL INDEX TO
LEEy Wiltiai&i CounseL-^His Speech for the
Appellant on the Trial of the Appeal against
Bambridge and Corbett for the Murder of a
Prisoner in the Fleet by ill-treatment, 17
vol. 401.
LEE, Sir William, Chief Justice of K.B. 17
Geo. 2» 18 Tol. 289, 329, 353, 391, 395,
425, 1203.
LEECH, Benjamin. — Proceedings against
hira at the Old Bailey for slandering the
Election of North and Rich as Sheriffs of
London, 34 Car. 2, 1682, 9 vol. 351.— The
Indictment, ibid. 353. — He pleads in Abate-
ment that the Grand Jury who found the
Bill against him, were returned by North and
Rich, and that tiieir Election as Sheriffs was
void, ibid. 355. — ^The Court reject his Plea,
• and, on his refusing to plead otherwise, fine
him 20 Marks, ibid. 358.
LEEDS, Thomas, Duke of. See Banby^
Thomas, Earl of,
LEGAT, Bartholomew. — Proceedings against
him for Heresy, 10 Jac. 1, 1612, 2 vol. 727.
— Account of his Opinions, ibid. 728. — ^He
is declared a Heretic by the Consistory of
St. Paul's, and delivered over to the secular
power, ibid. 729. — He is burned to death in
Smithfield, ibid. 730.— The King's Warrant
to the Lord Chancellor to issue the Writ De
Hteretico comburendo, ibid. 731.— The Writ,
ibid. 732.
LEGGE, Heneage, Counsel, 18 vol. 289.
' ■ ■ Baron of the Exchequer,
25 Geo. 2, 19 vol. 283.— His Charge to the
Jury on the Trial of Mary Blandy for Murder,.
18 vol. 1170.
LEIGHTON, Alexander. — ^Proceedings in the
Star-Chamber against him for publishing ''An
Appeal to the Parliament, or a Plea against
Prelacy," 6 Car. 1, 1630, 3 vol.383. — Severe
Sentence against him, ibid. 385. — He escapes
*■ from Prison, but is retaken upon a Hue and
Cry, ibid. ib. — ^The House of Commons in
1641, resolve that his Punishment was illegal,
and that he ought to have Satisfaction for
what he had suffered, ibid. 387 (note).
LEVINZ, Sir Creswell, King's Counsel, 30
Car. 2, 7 vol. 84.— His Speech for the Pro-
secution on the Trial of Nathaniel Reading
for disparaging and attempting to suppress
the Evidence of the PopishFlot, 7 vol. 268.—
His Speech for the Prosecution on the Trial
of Whitebread and others for High Treason,
in being concerned in the Popish Plot, ibid.
321. — ^His Speech against Richard Lang-
borne for a similar offence, ibid. 423.
--—-—— Attorney General, 31
Car. 2, 7 vol.824, 968, 1049, 1069, 1555.—
His Speech for the Prosecution on the Trial of
Knox and Lane for disparaging the Evidence
of the Popish Plot, 7 vol. 769.— His Speech
for the Prosecution on the Trial of Tasborough
and Price for a similar Offence, ibid. 888.*—
Sir John Hawlea*s Notice of him in his
Remarks on f itzharris's Trial, 8 vol. 429.
■■ -Judge of C.P. 33 Car.
2, 8 vol. 564, 11 vol. 400. — He delivers his
Opinion on tiie Trial of Lord William Rus-
sell that want of Freehold is no ground of
Challenge to a Juror, 9 vol. 593.
Seneant at Law. — He
was removed from the Bench in 1685 by
James the Second, aud returned •to prac-
tice at the Bar, 12 vol. 260 (note).-^His
Speech for the Defendants on the Trial of
the Seven Bishops, ibid. 296. — He was of
Counsel for Beiiiardi and others accused of
participating in the Assassination Plot, 13
vol. 764. — He argues in the Case of Kendal
and Roe, against the legality of a Commit-
ment for High Treason by a Secretary of
State, 12 vol. 1375.
LEWIS, David.-.His Trial for High Treason
on the Stat. 27 Eliz. for returning as a Popish
Priest into England and continuing there
upwards of 4© days, 31 Car. 2, 1679, 7 vol.
249. — He pleads Not Guilty, ibid. ib. — Evi-
dence against him, ibid. 251.— Evidence for
him, ibid. 254. — He is found Guilty, and
Sentence of Death is passed upon him, ibid.
256.— His Speech at the place of Execution,
ibid. ib.
LEWIS, James. See Dawson, JotefA,
LEWIS, Sir William. See EoUit, DenzU.
LILBURN, John,— Proceedings in the Star-
Chamber against him and John Wharton for
publishing Seditious Books, 13 Car. 1, 1637,
3 vol. 1315.— Lilbum's Examination at the
Attorney General's Chambers, ibid. 1318.— >
He refuses to take the Star-Chamber Oath,
ibid. 1320.— Their Sentence, ibid. 1327.—
Lilbum's Speech to the people from the
Pillory, ibid. 1329.— His Petition to the
Houseof Commons,ibid. 1 345. — Resolutions
of the House of Commons in 1640 against
this Sentence, ibid. 1342. — Resolutions of
the Commons transmitted to the Lords, ibid.
1346. — The Lords take off his Fine, and ap-
point his Cause to be heani de novo at their
Bar, ibid. ib. — Bradshaw and Cooke assign-
ed, him for Counsel, ibid. 1347. — The Lords
reverse the Sentence of the Star-Chamber,
ibid. 1358. — ^And pass an Ordinance giving
him reparation out of the Estates of the late
Lord Keeper, ibid. 1359, 1364.— This Ordin-
ance thrown out at its second Reading by
the Commons, ibid. 1360, 1366. — Repara-
tion ordered him out of certain sequestered
Estates, ibid. 1367. — His Trial by a Special
Commission of Oyer and Terminer at the
Guildhall of London for High Treason,
1 Car. 2, 1649, 4 vol. 1269.— His Speech at
his Arraignment, ibid. 1270. — He .argues
against the legality of a Special Commission
of Oyer and Terminer, ibid. 1275. — ^He hesi-
tates to plead, ibid. 1293.— He pleads Not
Guilty, ibid. 1294. — ^He objects to the At-
torney General's whispering to the Court,
ibid. 1324, 1301. — Indictment against hinii
ibid. 1320.— The Attorney General's Speech,
THE STATE TRIALS.
77
ibid. 133t<"-EFidence against him, ibid.
1333. — ^His Observations to the Jary upon
the Evidence against him, ibid. 1882. — The
Attorney General's Reply, ibid. 1395. — ^The
Court charge the Jury, ibid. 1401.— The
Jury acquit him, ibid. 1405. —Extracts from
Walker^s History of Independency, relat-
ing to this Case, ibid. 1406. — Lord Cla-
rendon's Account of Lilbum, and the cir-
cumstances attending this Prosecution,
ibid. 1416.— Lilburn's Account of some
circumstances which preceded his Trial,
ibid. 1421. — ^A Letter of Censure to him in
answer to his Account of his Trial, ibid. 1434.
— His Trial at the Old Bailey for returning
from Banishment, 6 Car. 2, 1653, 5 vol. 407.
— His Account of the circumstances which
led to his Banishment, ibid. ib.—He refuses
to kneel at the Bar of the House of Com-
monSf ibid. 409. — ^Act of Parliament for his
Banishment, ibid . 41 4. — His Commitment to
Newgate upon his return, ibid. 415. — He
applies to the Court for a Copy of the In-
. dictment before he pleads, ibid. 416.—
Which is granted, ibid. 419. — ^The Indict-
menty ibid. ib. — ^The Court refuse his Ex-
ceptions to the Indictment and his demand
of Oyer of the Act of Parliament, unless they
are signed by Counsel, ibid. 425, 434. — His
Exceptions to the Indictment, ibid. 437.—
The Jury acquit him, ibid. 443. — Examina-
tion of the Jury before the Council of State
respecting the grounds of their Verdict, ibid.
445. — Examinations of the Witnesses against
Lilbum, ibid. 449. — Passages from Thurloe,
Oldmixon, and Whitelocke, respecting this
Trial, ibid. 407 (note). 445 (note). — Crom-
well's oppressive Conduct towards him, ibid.
940.
LILBURNE, Robert, 5 vol. 1003, 1205. See
Regicides,*
UMERICK, Thomas. See Messenger^ Peter.
LINDSAY, David.— His Trial at the Old
Bailey for High Treason, in being as a
British Subject in France, and returning into
England vdthout licence, 3 Anne, 1704,15
vol. 987 — ^The Indictment, ibid. 988.— He
pleads Not Guilty, ibid. 990. — The Queen's
Counsel open the Case, ibid. 991. — He
admits the facts of the Case for the Prosecu-
tion, but claims the benefit of a General
Pardon under a royal Proclamation, ibid.
992.^*— Mr. Williams's Argument for him to
shew that he is entiUed to the benefit of the
Pardon, ibid. 999. — Mr. Raymond's Argu-
ment to the same effect, ibid. 1007. — ^Argu-
ments of Sir Thos. Powis and the Attorney
and Solicitor General to the contrary, ibid.
1015. — Lord Holt's Charge to the Jury, ibid.
1027.— The Jury find him Guilty, ibid. 1029.
—His Counsel move in arrest of Judgment,
ibid. ib. — Sentence of Death is passed upon
him, ibid. 1033. — He is reprieved at the
place of Execution, ibid. 1035. — He remains
a Prisoner in Newgate some vears, is banish-
^^ and im v^ {XpUandi ibid* 1036,
UNGARD,^^;ComiiiOttS6rieatttofLondon.—
His Speech in Defence of Lord Cliancellor
Macclesfield upon several of the- Articles of
Impeachment against him, 16 vol. 1118,
1228. — His Speech on summing up the
Evidence for the Defence, ibid. 1247.
LINSTEED, Thomas. See Green, Captain
Thomas.
LISLE, Lady Alice. See Lisle, John. — ^Her
Trial at Winchester for High Treason, in
harbouring a Traitor after the Duke of Mon-
mouth's Rebellion, 1 Jac. 2, 1685, 11 vol.
297. — ^The Indictment, ibid. ib. — She pleads
Not Guilty, ibid. 308. — ^The Court allow her
to have an indifferent person to assist her on
her Trial on account of her age ^jjj^ infirmi-
ties, ibid. 310. — Mr. PoUexfen's Speech for
the Prosecution, ibid. 316.— Chief JusticeJef-
feries's Address to the Prisoner, ibid. 322.
— Evidence for the Prosecution, ibici, 323.
—The Chief Justice's Examination of an
unwilling Witness for the Prosecution, ibid.
325. — ^Hisf violent Conduct towards the Wit-
ness, ibid. 338, 346. — Lady lisle's Defence,
ibid. 359.— ^efieries's Charge to the Jury,
ibid. 362 .-^Hesitation of the Jury, ibid. 370.
— It is said that the Jury at first acquit
her, but that at last, upon Jefieries's
threats, they bring her in Guilty, ibid. 372
(note).— The Verdict, ibid. 373.— The Chief
Justice passes Sentence upon her, ibid. ib.
— Application is made to the King in her
behsdf, 'who refuses to interfere, ibid. 376.
—She petitions the King to alter her Sen*
• tence to beheading, ibid. ib. — ^The King's
Warrant for the alteration of the mode of
Execution, ibid. 379. — She is executed, ibid,
ib. — ^Paper delivered by her to the Sheriff at
the place of Execution, ibid. 380. — ^At the '
Revolution her Attainder is reversed by Act
of Parliament, ibid. 381. — Ludlow's Account
of her Husband's Assassination, ibid. 297
(note). — Burnet's Account of these Proceed-
ings, ibid. 300 (note). — ^Foster's Notice of
this Trial, ibid. 371 (note).
LISLE, »Sir George* See Lucas, Sir Charles.
LISLE, John. — He was Lord President of the
High Court of Justice on the Trials of Sir
Henry Slingsby, Dr. Hewett, and Mr. Mor-
dant, ibr High Treason, in bearing arms
against Cromwell and the Commonwealth,
5 vol. 875, 886. 908. — Ludlow's Account of
his Assassination in Switzerland, 11 vol.
297 (note),
LISTER, Sir Richard. See lA^ster, Sir
JRichard,
LITTLE rON, Edward, Counsel.— His Argu-
ment, made by Command of the House of
Commons, at a Conference vrith the Lords in
favour of the Liberty of the Subject, 3 vol.
85. — His Argument for Mr. Selden on the
Return of a Habeas Corpus upon his Com-
mitment by the Privy Council, ibid. 252.—
He vras afterwards Chief Justice of the
Common Fleas and Lord Keeperi ibid« ib,
td
OlSNERAL INDEX TO
MAM*
•^^ Sir Eclwafd) Solicitor General,
13 Car. l.-*He was of Counsel for the Pro-
secntidn ill the Proceedings in the Star
Chamber against Prynne^ Bastwick^ and
Burton for Several Libels, 3 vol. 718. — His
Argument (or the Crown in the Great Case
of Ship-Money, ibid. 923.
LLOYD, Humphrey.— Account of his Trial,
Convietion, and Execution for the Murder
of a Yeomatt of the King's Guard, 5 Jac. -1,
1607, 3 tol. 362.
LLOYD, Sir Richard, Counsel.— His Speech
on Opening the Indictment against Lord
Balmerino, 18 vol. 463.
LLOYD, Temperance. — Proceedings against
her, Mary Trembles, and Susannah Edwards
for Witchcraft, 34 Car. 2, 1682, 8 vol. 1017.
«— Their Examinations and Confesuons be-
fore Magistrates, ibid. ib.-^Their Confes-
sions at Uie place of execution, ibid. 1036.
iiOYD, Thomas. See Dtffi^n, PtOrkk WilUam.
LLOYD^ Dr. William, Bishop of St. Asaph.
See Seven Bifhope, — Burnet's Account of his
ConUuet respecting Turberville, one of the
Witoesses for the Popish Plot, 7 vol. 1351
(note)i — Granger*s Account of him, 12 vol.
185<— His Letter to Fell, Bishop of Oxford,
et^Btaining an Account of the Execution of
thb Duke of Monmouthv 11 vol. 1073.
■ Bishop of Worcester.
— Proceedings at the Bar of the House of
Commons against him and his sou on the
Compliaint Of Sir John Packington, for at-
tempting to hinder his Election as a Meml)er
for the Couiity of Worcester, 1 Anne, 1702,
14 vol. 545. — Articles of Complaint against
ihem, ibid. ib. — Witnesses examined in sup-
port of the Articles, ibid. 546. — Tlie House
resolve that the Bishop's conduct was a
Breach of Privilege, and that an Address be
presented to the Queen, praying her to re-
move him. from his office of Lord Almoner,
ibid. 557. — Proceedings in the House of
Lords Upon this Resolution of the Commons,
ibid. ib. (note).— The Queen's Answer to
the Address, promising to remove him, ibid.
558.
LOFFE, Gabriel. See Kidd, Captmii J^illim.
LOGAN, Rev. Mr.— He was the author of
the " Review of the Charges against Warren
Hastings,'' for the publication of which,
Stockdale was prosecuted by order of the
House of Commons, 22 vol. 2^7. — Curious
Anecdote respecting the effect produced upon
him hy hearing Sheridan's celebrated Speech
against Warren Hastings, in the House of
Commons, ibidi 262 (D0te)i
LOGAN, Robert.— Proceeding^ in the Parlia*
mient of Scotland against him, after his
death, for Itigh Treason in being concerned
in ^ihe Gowrie Conspiracy, 7 Jac. 1, 1809,
2 vol. 707.— the Depositions of the Wit-
nesses, tt)ld. tl4.*-His Namt and Arm de«
' dared to be aboUshtd, -And his property Ibr-
ftited to the King, ibid. 722 .--Mr. Laing
says, in his History of Scotland, that in
order io satisfy the maxim that no man is to
be condemned in his absence^ his Bones
were dug up and arraigned at th« Bar on
these Proceedings, 11 vol. 47 (tiote).
LONG, Walter. See Stroud, William. BoUis,
DenzU, — Proceedings in the Star Chamber
against him for absenting himself from his
Bailiwick, when Sheriff of Wilts, to attend
bis duty in Parliament, 4 Car. 1, 1629, 3
vol. 233. — Abstract of the Information ex-
hibited against him, ibid. ib. — He is com-
mitted to the Tower during the King's
pleasure, and sentenced to pay a Fine of
2,000 Marks, and make submission, ibid. 236 .
LORN, Lord. See ArgpU, ArMdid, EaH of.
LOUDOUN, James, Earl of.^^Proce^ings in
Scotland against bin, George Lord Melville,
Sir John Cochrane of Ochiltree, and John
Cochrane of Watersyde, his son, for IVeaaon
in being concerned in Argyie's Rebellion,
^6 Car. 2, 1684, 10 vol. OBO.-^Lettera of
Treason exhibited against them by the Ad-
vocate General, ibid. 991. -^The Cochranes
are outlawed for non-appearaHoe, ibid. 1001.
— Evidence against John Cochrane of Water-
syde, ibid. 1003. — He is found Guiltjr, and
sentenced, ibid. 1005. — The Earl of L<Hidoun
and Lord Melville are outlawed for non-
appearance, ibid. ib. — ^Proceedings against
them in the Scotch Parliament, ibid* 1006.
^^FOuntainhall^s Account of these Proceed-
ings, ibid. 1041 »
LOUGHBOROUGH, Alexander, Lord, Chief
Justice of C. P. See Wedderbum, Alexander,
— His Charge to the Grand Jury on opening
the Special Commission for the Trial of
persons concerned id the No^Popery Riots
in 1780, 21 vol. 485.
LOVAT, Simon Fraser, Lord. See Ftuser,
ThomoB, — ^Proceedings in the House of Lords
on his Trial upon an Impeachment for High
Treason in bemg concerned in the Rebellion
6f I745j 20 Geo. 2, 1746-7, 18 vol. 589. —
Extracts fh)m the Journals of the House of
Lords relating to the Proceedings ptepftra^
tory to his Trial, ibid. ib.'^Lord Chaticellor
Hardwicke is appointed Lord High Steward,
ibid. 541.— The Lord High Steward's Ad-
dress to the Prisoner on his being brought
to the Bar, ibid. 543 .-^Articles of Impeach-
ment, ibid. 544.— His Answer therelO) ibid.
548.— Replication of the CotatnonaL ibid.
550.-^peeches of the Managers for the
Commons, ibid^ ib.*^Speech of the Attorney-
General in support of the Articles, ibid. 559.
— ^The Prisoner objects to the cofnpetency
of the Wittiess first called by the Managers,
ibid. 575.-^The Objection, notbei&g ground-
ed onfact, is disallowed, ibid. 565.-*-^EWd6nce
in support of the Articles, ibid. 566.— Lord
Lovat t)bject9 to the Etidenee of Munrtor of
\
THE STATE TRIALS.
T©
Brov^toi^ tiM» Secretary to the jdwaf; Pre^
tettder, tliAt he vras attainted by Act of
Pttrliamefity ibid. 609.-^The Managers for
the Commons offer to produce the Record
^f Munray^s Plea in tiie Court of Ring^s
Bench, iii bar of fixectttion, that he surren-
dered himself^ according to the Act of Par-
liament, and was therefore excepted from
the Attainder, the matter of wliich Plea was
confessed by the Attorney General, ibid. ib.
— Objectit>n to the admissibility of this
EecOrd in EtHence, ibid. 610. — Arguments
of t!re Prisoner's Counsel in support of the
Objection, it)id. 611.-— Arguments of the
Managers in support of its adinissibility,
ibid. 6 19.^— Arguments of the Prisoner's
Connsel in Reply, ibid, 633.— The Lords
decide that the Kecord is admissible, ibid.
^37. — ^e Recoid of the Proceedings in the
King^ B^fiCh respectiag Murray, ibid, ib.—
Hie Prisoner proposes to prove, by Parol
Evidence, that Murray did not surrender as
stated in the Record, ibid. 647.— The Lords
resolve not to permit his Counsel to argue
the admissibility of such Evidence, ibid. 650t
— ^Murray's Evidence, ibid. ib,---Sir John
Straage's Speech on summing up the Evi-
dence in sup^ort^ the Articles of Impeach-
menty ibid. 774.— Lord Loval's Defence,
ibid. 796. — Reply of the Solicitor General,
Mr. Murray (afterwards Lord Mansfield),
for the Commons, ibid. 602k-^peeches of
the Attorney General and other Managers
in Reply 9 ibid. 814. — He is unanimously
found Ouilty, ibid. 825. — His Speech on
being called upon for Judgment, ibid. 827.
—-The Lord High Steward's Address to him
on passing Sentence, ibid. 833. — Account
5xf kis Conduct immediately previous to his
Execution, ibid. 842. — Paper delivered by
liim to the Sheriffs at the place of Execution,
ibid. 854. — ^The Lord President Forbes's
Letter to him, dissuading him from joining
ia the RebeUioD, ibid. 709 (note). — Lord
Lovat's Letter to Murray of Broughton, ibid.
748. — His Letter to the young Pretender,
ibid. 751. — His Letter to the Laird of
Locheil^ ibid. 754. — His Correspondence
with his Son, the Master of Lovat, ibid. 759.
— rLetters g( the young Pretender and
Cosaeron of Lochiel to him^ ibid. 770.;
IX)VE, Christopher.- His Trial in the High
Court of Justice for High Treason against
the Commonwealth in holding Correspond-
ence with the Ring, 3 Car. 2, 1651, 5 vol.
43. — The Charge exhibited by the Attorney
General against him^ ib. 45. — He prays that
Counsel may t>e assigned him before he
^eads, ibid. 54. — He pleads Not Guilty,
raid. 66. — ^The Solicitor Getaeral opens the
Charge against him, ibid. ib. — ^The Attorney
GenerarsSpe€ch,ibid.73. — Evidence against
him, ibid. 76. — He objects to the compe«
tency of the first Witness, on the ground of
his having confessed himself guilty of Trea-
^ ibid. ib.-^-'The Objecttcm is oTerruled,
ibid, ib.^— Sotee of the Witness^ agiiiiiist
him refuse to swear, ibid. 113, 132. — His
Defence, ibid. 136. — ^The Attorney General's
Reply, ibid. 166.— The Counsel for the
Commonwealth reply upon the Evidence,
ibid. 173. — He presents Exceptions in law
to the Charge, and the Couft assign him
Counsel to argue them, ibid. 206. — Mr*
Hale argues the Exceptions, ibid. 214. —
Sentence of Death against him. ibid. 251. —
His Speech and Conduct on the Scaffold, ibid,
ib.— LordClarendon*sNoticeofhim,ibia.267.
LOVE, John*-^His Trial with others at Edin^.
burgh for Rebellion, Treason, and Lese
Majestic^ 3 Jac. 2, 1687, 12 voU 523.«^The
Indictment, ibid. 524. — Ailments on the
Relevancy of the Indictmeti't, ibid^ 527.-*>The
Court decide that it is relevant, ibid. 54d«—
The Counsel for the Panels object that one
of the Witnesses is insane and infamous,
ibid. 550.— The Court, after hearing Evi-
dence as to the Objections, admit the Wit-
ness, ibid. 559. — Evidence against them,
ibid. 561. — ^They are acquitted, ibid. 567. —
Fountainhairs Account of this Case, ibid. 568.
LOVELL, Salathiel, Counsel, 10 vol. 61.
-**M Sir Salathiel, Seijeant-at*Law, and
rn-rnm^**
Recorder of London> 14 vol. 1274-^He
passes Sentence on Peter Cook, convicted of
High Treason in being concerned in the
Assassination Plot, 13 vol. 395. — ^He Was
of Counsel for the Crown in conducting the
Evidence on the Bill of Attainder against
Sir John Fenwick, ibid. 546.
Baton Of the Bsefavquer^
Q Ann, 15 vol, 466»
LOWICK, Robert.-His Trial fot High Trea-
son in being concerned in the Assassination
Plot, 8 Will. 3, 1696, 13 vol. 267.— The
Indictment, ibid. 139.— He pleads Not
Guilty, ibid* 142.— -His Counsel object to
the Indictment that the words " then and
there*' are omitted to a. material Allegation,
ibid. 267.— The Objection is overruled, ibid.
277. — Evidence against him, ibid. 285.--Sir
Bartholomew Shower's Speech in his De-
fence, ibid. 296. — Lord Holt's Charge to the
Jury, ibid. 303.-— The Jury find him Guilty,
ibid. 307. — His Sentence, ibid. 308. — Paper
delivered by him to the Sheriff at the place
of Execution, ibid. 310.
LOWRIE, William, of Blackwood.— Difliculty
arising from the different names by which
he is called by Historians, 9 vol. 1025 (note).
— His Trial at Edinburgh for Treason in
harbouring Rebels, after the Battle of Both-
well Bridge, 35 CAr. 2, 1683, ibid. 1021.—
The Indictment^ ibid, ib.— The additional
Indictment, ibid. 1030«— ^Debate on the
Relevancy of the Indictments, ibid. 1031.—
The Court hold the Indictments relevant,
ibid. 1039.--Further Debate on the Rele*
vancy, ibid. 1042.— The Court hold the
Indictments relevant in some parts, smd re-
ject them as to others^ ibid. 1049*«-*Bfide&ce
80
GENERAL INDEX TO
for the Prosecution, ihid. ib. — ^He is. foiiiid
Guilty^ and sentenced to be beheaded, ibid.
1054. — Fountainhall's Notices of this Case,
. ilnd. 1021 (note), — ^Burnet's Account of it,
ibid. 1025 (note).
LOWTHER,^Sir Gerald. See Ratdiff; Sir
George,
LUCAS, Sir Charles.— He is taken with Sir
George Lisle and Sir Bernard Gascoigne at
the Surrender of Colchester to Fairfax, and
condemned by a Council of War to be shot,
4 vol. 1201. — Sir Charles Lucas and Sir
George Lisle are shot. Sir Bernard Gascoigne
' is reprieved, ibid. 1202. — Lord Clarendon's
Account of this Transaction, ibid . 1 201 (note).
— ^His Character of Lucas and Lisle, ibid.
1202 (note). — Mr. Hume's Account of their
Execution, ibid. 1203 (note).
LUDERS, Alexander. — Extracts from his
*' Considerations on the Law of High Trea-
son in the Article of Levying War," 5 vol.
972 (note), 6 vol. 899 (note), 902 (note). —
His Translation of the Statute of Treasons,
5 vol. 975 Tnote). — ^His Remarks upon the
principle of qonstructive Levying War, as
laid down in the Cases of Messenger and
of Dammaree and Purchase, 6 vol. 902 (note),
1 5 vol. 522 (note).— His Illustrations of the
probable meaning of the terms " compassing
and imagining," in the Statute of Treasons,
7 vol. 961 (note).
LUDLAM, Isaac: See Brandrethy Jeremiah.
Luddites* — His Trial, under a Special Com-
mission at Derby, for High Treason in being
concerned in the Luddite Insurrection, 57
Geo. 3, 1817, 32 vol. 1135.— The Indict-
ment, ibid. 755.— The Attorney General's
Speech for the Prosecution, ibid. 1137.—
Evidence for the Crown, ibid. 1149. — Mr.
Cross's Speech for the Prisoner, ibid. 1217.
—Mr. Denman's Speech on summing up
tlie Evidence for the Prisoner, ibid. 1226. —
Reply of the Solicitor General, ibid. 1253. —
Mr. Justice Abbott's Charge to the Jury,
ibid. 1271. — The Jury find him Guilty, ibid.
1306. — He is executed, ibid. 1394.
LUKE, Sir Walter, Judge of K. B. 26 Hen. 8,
I vol. 398.
LUMSDEN, Alexander. See Anderson^ Lionel
LUMSDEN,Mr. Sae HoUit^ Sir John.
LUTTRELLi Edward, 16 vol. 1. See Beatofi,
Hugh.
LUTTRELL, Narcissus. — Extracts from his
. *' Brief Historical Relation" respecting the
Proceedings gainst persons accused of being
implicated in the Rye-House Plot, 9 vol. 1005.
LUTWYCHE, Sir Edward, Seijeant-at-Law,
and Chief Justice of Chester, 10 vol. 559,
II vol. 511.
a Judge of C. P.
4 Jac. 2, 12 vol. 124. — ^He was excepted out
of the Act of Indemnity which passed iu
1690| ibid. 1241.
LUTWYCHE, Edward, Counsel, 15 ▼ol. 134d.
— His Speech in Reply for the Commons on
the Impeachment ot Lord Chancellor Mac-
clesfield, 16 vol. 1361.
LYSTER, Sir Richard, Chief Baroa of the
f^chequer, 26 Hen. 8, 1 vol. 398.
■ Chief Justice of K. B.
38 Hen. 8, 1 vol. 458.
MAC CANN, John.— His Trial at Dublin for
being concerned in the Irish Rebellion, 38
Geo. 3, 1798, 27 vol. 399.— The Indictment,
ibid. ib. — Speech of the Solicitor General
for the Prosecution, ibid. 405 (note). — Evi-
dence for the Prosecution, ibid. 406.— Evi-
dence for the Prisoner, ibid. 437. — Evidence
in Reply, ibid. 448. — Mr. Baron Smith's
Charge to the Jury, ibid. 449.— The Jury
find him Guilty, ibid. 454.— Sentence of
Death is passed upon him, ibid, ib.— He is
executed, ibid. 456.
MAC CANN, John, alias Mac Kenna. See
Killen, John*
MACCLESFIELD, Charles, Earl of. See
Gerard of Brandon^ Lord. — Proceedings in
an Action of Scandalum Magnaturo, brought
by him against John Starkey, one of the
Grand Jury of the County of Chester, for
presenting him as a disaffected person, 36
& 37 Car. 2, 1684-1685, 10 vol. 1329.—
Abstract of the Declaration, ibid. ib. & 1338.
—The Defendant pleads, that he returned
the matter charged as libellous, in the dis-
charge of his duty as a Grand Juror, ibid.
1333.— The Plaintiff demurs specially to the
Plea, ibid. 1335. — Report of the Arguments
of Counsel in this Case, from Sir William
Williams's MSS. ibid. 1337. -Mr. .Ward's
Argument for the Plaintiff, ibid. 1338.—Mr*
Holt's Argument for the Defendant, ibid.
1351. — Observations upon some parts of
Mr. Holt's Argument, from 6ir William
Williams's MSS. ibid. 1382.— Mr. Wil-
liams's Argument in Reply for the Plaintiff,
ibid. 1387. — Judgment is given for the De-
fendant, ibid. 1414. — ^Mr. Justice Street's
Note of the Pleadings, Argument, and Au-
thorities in this Case, communicated by Mr.
Hargrave, ibid. 1413.— He was afterwards
outlawed for High Treason, ibid. 1414.—
The Indictment for High Treason, from
Tremaine's Entries, ibid. 1416.
MACCLESFIELD, Thomas, Earl of. Lord
Chancellor. See Parkery Sir Thomas. — His
Trial upon an Impeachment by the House
of Commons for High Crimes and Misde-
meanours in the execution of his Office of
Lord Chancellor, 10 Geo. 1, 1725, 16 vol.
767. — ^The Articles of Impeachment, ibid.
768.— His Answer thereto, ibid. 784l — Re*
, plication of the Commons, ibid. 800. — Sir
G. Oxenden's Speech on opening the general
Charge for the Commons, ibid. 801 .—Speech
of Sir Clement Wearg (Solicitor General) on
the general Charge, ibid. 813,— Sir Willian
THE STATE TRIAtS.
81
Sttickland's Speech on opening the 5th, .6th,
7th, and 8th Articles, respecting the Sale of
Masterships in Chancery, ibid. 817. — Mr.
Doddiogton's Speech on opening the 9th
Article, respecting the Sale of the Office of
Cleikof the Custodies, ibid. 822.— Evidence
respecting the Oath of Office taken by the
Lord Chancellor, ibid. 827. — Evidence re-
specting the Oath of a Master in Chancery,
and the nature of his Office, ibid. 830;—
Evidence respecting the profits of the Office
of Lord Chancellor, ibid. 840. — Evidence
on the 9th Article, respecting the Sale of the
Office of Clerk of the Custodies, ibid. 843.
—Evidence on the 5th, 6th, 7th, and 8th
Articles, respecting the Sale of Masterships
in Chancery, ibid. 858. — Mr. Onslow's Speech
on opening the 11th Article, respecting the
admission of persons of small property
into the Office of Masters in Chancery, ibid.
895.— -Mr. Palmer's Speech on opening the
12th Article^ respecting the connivance at
improper practices in the Offices of the
Masters with respect to the Money of the
Suitors, ibid. 900. — Evidence in support of
the nth and 12th Articles, ibid. 901.— Mr.
Gyhbon's Speech on opening the 13th and
14th Articles, respecting a corrupt Order for
an Arrangement in the Case of Fleetwood
Dormer, one of the Masters, who had em-
hezzled the Money of Suitors, ibid. 924. —
Mr. Hedges's Speech on opening the same
Articles, ibid. 929. — Evidence in support of
the 13th and 14th Articles, ibid. 934.— Sir
John Rushout's Speech on opening the 15th,
16th, and 17th Articles, respecting the use of
improper means to conceal the deficiency
in Dormer's OflSce, ibid. 955. — Mr. Thomp-
son's Speech on opening the same Articles,
ibid. 966. — Evidence in support of the 15th,
16th, and 17th Articles, ibid. 970.— Mr.
Plammer opens the 18th Article, respecting
the permission of the Masters in Chancery
to traffic with the Money of Suitors, ibid.
1002. — ^Mr. Cary's Speech on opening the
same Article, ibid. 1005. — Evidence in sup-
port of the 18th Article, ibid. 1007.— Lord
Morpeth's Speech on opening the 19th
Article, respecting the suggesting to the
Masters in Chancery to make a false state-
ment of their property, in order to prevent
a Parliamentary Inquiry, ibid, 1025. — Mr.
SnelVs Speech on opening the same Article,
ibid. 1032. — Evidence in support of tlie
19th Article, ibid. 1036.— Mr. West's Speech
on snfhming up the Evidence in support of
the Articles, ibid. 1057.— Serjeant Probyn*s
Speech on opening the general Defence of
the Earl, ibid. 1080.— Dr. Sayer's Speech
on the general Defence, ibid. 1105.— Mr.
Iingard*s. Speech dn opening the Defence
to the Articles charging the Sale of Master-
%8 in Chaocery, and the Office of Clerk
oHhe Custodies, ibid. 1118.— Evidence in
ropport of the Defence to the 9th Article,
tcspecting the Sale of the Office of Clerk of
the Custodies,* ibid, U29.— The Managers
yOL, XXXIV.
for the Commons ol»ect to Evidence of the
practice of former Chancellors, ibid. ib. —
The Lords admit the Evidence, ibid. 1136.
—The Managers object to Evidence of the
Sale of the Office of Cursitor by former
Chancellors, ibid. 1142. — ^The. Lords resolve
not to admit the Evidence, ibid. 1144. —
Evidence in support of the Defeiice to the
Articles respecting the Sale of Masterships
in Chancery, ibid. 1146. — Mr. Robins's
Speech on opening the Defence to the 11th
and 12th Articles, respecting the admission
of persons of small property into the Office
of Masters, and the connivance at improper
practices by them with the Money of Suitors,
ibid. 1166. — Evidence in support of the
Defence to these Articles, ibid. 1180.-^Mr.
Strangers Speech on opening the Defence to
the 13th and 14th Articles, respecting the
Order for an Arrangement on occasion of
the deficiency in Dormer's Office, ibid.
1191. — Evidence in support of the Defence
to these Articles, ibid. 1195. — Mr. Strange's
Speech on opening the Defence to the 15th,
16th, and 17th Articles, respecting the use
of improper means to conceal the deficiency
in Dormer's Office, ibid. 1211.— Evidence
in support of the Defence to these Articles,
ibid. 1216. — ^Mr. Lingard's Speech in the
Earl's Defence as to the 18th Article, re-
specting the permission of the Masters to
traffic with the Suitors' Money, ibid. 1228.
— Mr. Robins's Speech on opening the
Defence to the 19th Article, respecting the
suggesting to the Masters to make a false
statement of their property in order to
prevent an inquiry, ibid. 1232. — Evidence
in support of the pefence to this Article,
ibid. 1236. — Evidence of the general Cha-
racter and Conduct of the Earl in his Office,
in answer to the Charge of corrupt intention,
ibid. 1241. — Mr. Lingard's Speech on sum-
ming up the Evidence for the Defence, ibid.
1247.— Mr. Robins's Speech in support of
the Defence, ibid. 1254. — Mr. Strange's
Speech, ibid. 1255.— The Earl's Speech at
the close of his Defence, ibid. 1265. — Mr.
Serjeant Pengelly's Speech in Reply to the
Earl's Defence to the 5th, 6lh, 7th, 8th, 9th,
11th, and 12th Articles, ibid. 1330.— Mr.
Lutwyche's Speech in Reply to the Defence
to the other Articles, ibid. 1361.— Evidence
in Reply, ibid. 1375. — He is unanimously
found Guilty, ibid. 1391. — He is sentenced
to pay a Fine of 30,000/. ibid. 1395.— The
House of Commons resolve that the Thanks
of the House be given to the Managers, ibid.
1393. — Extracts from the Journals of the
House of Lords respecting the Debates upon
the Sentence to be passed upon the Earl of
Macclesfield, ibid. 1397.
i
MACDANIEL, Stephen.— His Trial, with
John Berry, James Egan, and James Salmon,
at the Old Bailey, for being accessary to a
' Highway Robbery, 27 Geo. 2, 1755, 19 vol.
745.— The Indictment, ibid. 746.— Evidence
G
99
GENERAL INDEX TO
for the Proseeutiony ibid. 747. — ^Their De^
fences, ibid. 774. — ^The Jury find a Special
Verdict, ibid, 777. — Argument of the Special
Verdict before the Twelve Judges, ibid. 778.
-—Mr. Hume CampbeU's Argument for the
Crown, ibid. 779.— *Mr. Madan's Argument
on the same side, ibid. 786. — Serjeant Davy*s
Argument for the Prisoners, ibid. 790. — Mr.
Aston^s Argument on the same side, ibid.
797. — Mr, Hume Campbell's Reply, ibid.
800.<— Mr. Justice Foster delivers the opinion
of the Judges, that the Offence was not a
Felony under the Statutes, ibid. 801. — They
are again indicted for a Conspiracy, ibid.
808.— The Indictment, ibid, ib.— They are
found Guilty, and sentenced to seven years
Imprisonment, to stand twice in th^ Pillory,
to find Sureties for three years, and to pay a
Fine of one Mark each, ibid. 809. — >£gan is
killed in the Pillory, ibid. ib. — Macdaniel
and Berry are tried for Murder, in causing
Joshua Kidden to be convicted and executed
for Robbery, knowing him to be innocent,
ibid. 810.— They are found Guilty, but
the Court respite the Judgment, in order
that it may be argued whether the Offence
amounts to Murder, ibid. 811.— The At-
torney General declines to argue the point,
and they are discharged, ibid. 813.
MACDONALD, Archibald. Counsel.— His
Argument for the Plaintiff in the Case of the
Island of Grenada, 20 vol. 287. — His Argu-
ment in support of the Rule for a Criminal
Information against Captain Baillie, for a
Libel upon the Governors of Greenwich
Hospital, 21 vol. 61.
■^■i*
97 Geo. 3, 22 vol. 183.
■ Solicitor General,
•
Attorney General.
— His Speech for the Prosecution on the
Trial of John Stockdale, for a Libel on the
House of Commons, 22 vol. 247. — His Reply
in the same Case, ibid. 285.— His Speech
for the Prosecution on the Trial of Thomas
Paine, for publishing the Second Part of the
" Rights of Man," ibid. 380.
' Chief Baron of
the Exchequer. — He was one of the Judges
who presided at Hardy*s Trial for High
Treason, 24 vol. 221. — His Charge to the
Jury on the Trial of Governor Wall for
Murder, 3d vol. 143.
MACIK)NALD, /Eneas, alias Angus.— Fos-
ter's Report of the Proceedings against htm
for High Treason in being concerned in the
Rebellion of 1745, 21 Geo. 2, 1747, 18 vol.
857. — His Defence is, that he was born in
the Dominions of the King of France, ibid.
858. — The Jury find him Guilty, but recom-
mend him to Mercy, and he is afterwards
pardoned, ibid. 860. — Whilst un.der Sentence
: of Death, he is charged with Process in a
Civil Suit, which the Court refuse to set
aside; ibid. ib«
MACDONALD of Glenco, 13 vol. 879. See
GlencOf Mastacre of,
MACEWEN, James.— Proceedings against
him and others, at Glasgow, for administer-
ing unlawful Oaths, 57 Geo. 3, 1817, 33 vol.
629. — They are outlawed for not appearing,
ibid. 632.
MACFARLANE, William. See Codiing,
William.
MACGROWTHEa, Alexander— His Trial
for High Treason in being concerned in the
Rebellion of 1745, 20 Geo. 2, 1746, 18 vol.
391. —His Defence, ibid. 392. — ^He is con-
victed, but is afterwards reprieved, ibid. 394.
—Foster's Report of his Case, ibid. 392.
MACGUIRE, Connor, Lord.-His Trial at
the Bar of the Court of King's Bench for
High Treason in being concerned in the Irish
Massacre, 20 Car. 1, 1645, 4 vol. 653.—
May's Account ,of the Massacre, ibid. 654
(note). — The Indictment, ibid. 653.— 'He
pleads Not Guilty, ibid. 662. — He also
pleads his Peerage in Abatement, and that
ne ought to be tried by his Peers in Ireland,
ibid. 663. — Mr. Prynn*s Argument for the
Prosecution against this Plea, ibid. 690.— The
Court decide that an Irish Baron may he
tried by a Jury in England, ibid. 665. — The
Parliament approve of the Judgment of the
Court, ibid, ib,— He asks for time to bring
Witnesses from Ireland, which is refused,
ibid. 666. — He challenges all the Jury who
appear, ibid. 667. — Whereupon a Distringas
i> issued, returnable the next day, ibid, 669.
— Having gone through all his Challenges,
he requires that each Juryman, as he appears,
may be asked on Oath, whether he has any
share in the forfeited Rebels' lands in Ire-
land, ibid. 670. — ^This is done, ibid. 671.—
The Jury are sworn, and the Evidence pro-
duced against him, ibid. ib. — His own Ex-
amination given in Evidence, ibid. 674.—
His Defence, ibid. 682. — He is found Guilty,
ibid. 684. — -Sentence of Death passed upoD
him, ibid. 685. — He petitions Parliament to
remit a part of his Sentence, ibid. 687.—
This is refused, ibid. ib. — His Conduct at
the place of Execution, ibid. ib.
MACGUIRE, Michael.— Proceedings on his
Trial in Ireland for High Treason, in en-
couraging one of the King's Soldiers to he-
come a Defender, 36 Geo. 3, 1795, 26 vol.
293.— The principal Witness for the Prose-
cution being unable to identify his person,
he is acquitted, ibid. 294.
MACINTOSH, James, Counsel.— He was
one of the Counsel §or the Earl of Thanet,
on his Trial at Maidstone for a Riot, in
attempting to rescue Arthur O'Connor, 2T
vol. 821. —His Speech for the Defendant on
the Trial of Peltierfor a Libel on Buonaparte,
when First Consul of the French ReinibliC)
28 vol. 563*
THE STATE TRIALS.
MACINTOSH, Joha.—Hw Trial for High
Treason at Dublin, under a Special Com-
inission of Oyer and Terminer, for being
concerned in the Irish Insurrection, 43 Oeo.
3, 1803, 28 vol. I215.--The Indictment,
ibid. ib. — Speech of the Attorney General
for the Prosecution, ibid. 1218. — Bvidence
for the Prosecution, ibid. 1220. — ^Mr. Mac
Nally*s Speech in his Defence, ibid. 1233. —
The Jury find him Guilty, ibid. 1239. — ^He
is executed, ibid. 1240.
MACKAY, George, 21 vol. 1045. See Sirattan,
George,
MACKINLEY, A ndrew. — Proceedings against
him in the High Court of Justiciary in Edin-
burgh for administering unlawful Oaths, 57
Geo. 3, 1817, 33 vol. 275.— The Indictment,
ibid. 276. — Mr. Cranstoun's Argument
against the Relevancy of the Indictment, ibid.
282.^-Mr. Grant's Argument on the same
side, ibid. 309. — Mr. Drummond's Argu-
ment in support of the Relevancy of the
Indictment, ibid. 329. — Mr. Clerk's Reply,
ibid. 343. — ^The Court order Informations
to be delivered, ibid. 360. — ^The Lord Ad-
vocate serves another Indictment, ibid. 363.
—Information for the Crown, ibid. 372.—
Information for the Prisoner, ibid. 396. —
Supplementary Information for the Prisoner,
ibid. 453. — Lord Hermand's Argument on
delivering his Opinion in favour of the Rele-
vancy of the Indictment, ibid. 493. — Lord
Gillies's Argument on delivering his Opinion
against the Relevancy, ibid. 502. — ^Lord Pit-
milly's Argument in favour of the Relevancy,
ibid. 517. — Lord Reston's Argument on the
same side, ibid. 526.-^The Lord Justice
Clerk's Argument on the same side, ibid.
535.— Interlocutor of Relevancy, ibid. 553. —
Evidence for the Prosecution, ibid. 560.^-
The Lord Advocate having finished the Evi-
dence for the Prosecution, declines proceed-
ing further with the Trial, ibid. 620.— The
Jury, under the direction of the Court, find
the Libel Not Proven, ibid. 627. — Address
of the Lord Justice Clerk to the Prisoner
upon his Discharge, ibid. ib.
MACK WORTH, Sir Humphrey.— His Speech
in the House of Commons in the Debate on
the Great Case of Ashby and White, 14 vol.
761. — He publishes a Pamphlet upon the
subject under discussion in that Case, ibid.
695 (note).
MACLANE, David— His Trial for High
Treason at Quebec in Lower Canada, for
heing concerned in a design to overthrow
the Government there, 37 Geo. 3, 1797, 26
▼ol. 7el. — Charge of Mr. Osgoode, Chief
Justice of the Province, to the Grand Jury
assembled under a Special Commission for
his Trial, ibid. 722.-~The Grand Jury find
a true Bill against him, ibid. 731.— The
Indictment, ibid. 733. — ^The Attorney Gene-
ral's Speech for the Prosecution, ibid. 749.
—Evidence for the Prosecution/ ibid. 763.
8a
•—The Prisoners SpM6h in U$ Deteoe,
ibid. 780. — Speeches of hif Coumel, ibid;
783. — Reply of the Attorney General, ibid*
789.— The Chief Justice's Charge to the
Jury, ibid, 793.— The Jury find bim Guilty,
ibid. 811. — His Counsel move in Arrest of
Judgment, ibid. 812. — ^The Attomejr General
shows cause against the Motion, ibid. 814.
— ^The Court overrule the Objection, ibid.
822.-^The Chief Justice passes Sentence of
Death upon himi ibid. 824,«*He is executed^
ibid. 826.
MACLAREN, Alexander.-^Pfoeeedings in
the High Court of Justiciary in Scotland on
his Trial, with Thomas Baird, for Sedition^
57 Geo. 3, 1817, 83 vol. l.--.>The Indict-
ment, ibid. ib. — ^Defences for the Panek^
ibid. 6.— Explanation of the Defences by
the Counsel for the Panels, ibid. 8. — Inter-
locutor of Relevancy, ibid. 18.^^£vidence
for the Prosecution, ibid. ib^-«£vidence in
Exculpation, ibid. 40.<~The Lord Advocate's
Speech for the Prosecution, ibid. 49.'— Mr.
Clerk's Speech in Defence of Madareo, ibid*
73. — Mr. Jeffrey's Speech in Defence of
Baird, ibid. 88.— The Lord Justice Clerk's
Charge to the Jury, ibid. 121. — ^The Jury
find them Guilty, but recommend them io
the clemency of the Court, ibid. 135.— *They
are sentenced to Six Months imprisonment,
and to find Security for three Years, ibid. 137.
MACLAUCHLAN, William. See Porteout,
Captain John. — His Trial at Edinburgh foe
Mobbing, Murder, and other Crimes, 10
Geo. 2, 1737, 17 vol. 993.— The Indictment,
ibid. ib. — Defences for the Panel, with the
Answers thereto, ibid. 997.— Interlocutor of
relevancy, ibid. 1002. — ^The Jury acquit hinif
ibid. 1003.
MACPHERSON, James.^ExtrtoU from his
Life of King James the Second, respeeting
the Proceedings against Lord Clarendon, 6
vol. 291.— Doubts of the Authenticity of
the Life of James the Second, as published
by him, ibid. 297.— Lord Holland's Detection
of the Imposture in bis Address prefixed to
Mr. Fox's Historical Work, ibid. 299.
MADDER, John. See Green, C^em Thomas.
MAHONY, Matthew* See Goo4cre, Gg^m
Samuel,
MAITLAND, Charles, Lord Haltoa.-<~Ppo«
ceedings against him in Scotiand for Per-
jury in his Evidence on the Trial of James
Mitchel, for attempting to murder Archbishop
Sharp, 33 Car. 2, 1681, 6 vol. 1261.— Pe-
tition of Mitchel to the Lords of the Articles^
ibid. 1263.— The Letters of Lord Halton to
Lord Kincardin, upon which the Charge
against Mitchel rested, ibid. ib. — Lord
Halton's Answer to the Petition, itnd. 1265^
—His £videnceonMitchellBTrial,ibid. 1256.
— Mitchel's Second Petition, with the Answer
thereto,ibid.l267.—TheLopdBof the Articles
declare their <^ini0At»f Lord HaHoa's Inoo^
Q 2
84
GENERAL INDEX TO
, cence, t ibid. - 1268.— Lord Fountainhall's
. Account oflhese Proceedings,, ibid. 1270.
MALLET, Sir Thomas, Judge of K. B. 18
Car.l , 6 vol. 74. — His Answer, when required
to publish from the Bench certain Resolu-
tions of the Parliament in behalf of the
Ordinance of the Militia, and against the
' Commission of Array, 4 vol. 153 (note).—
He is sent to the Tower on his refusing so
to do, ibid. ib.—He had been before im-
prisoned for not giving Notice to the Par-
liament of the contents of the Kentish
Petition immediately upon his seeing it,
ibid. ib.—He was a Judge of K. B. after
the Restoration, 5 vol. 971.— He was one of
the Commissioners for the Trial of the Regi-
cides, ibid. 980. ^
MANCHESTER, Henry, Earl of, Lord Privy
• Seal. — His Speech on delivering his Opinion
- in the Star Chamber in favour of a mild
Sentence upon Henry Sherfield for breaking
a Painted Window in a Church at Salisbury,
3 vol. 556.
MANCHESTER, Edward, Earl of, Lord
Chamberlain. See Kimbolton, Edward^ Ixn-d,
— He was Speaker of the House of Lords,
pro tempore, during the Commonwealth, 4
' vol. 1203.— He sat as a Judge on the Trial
of the Regicides, 5 vol. 986.— Ludlow's Re-
markupon his conductin this respect, ibid. ib.
(note). — He sat as one of the Lords Triers on
theTrial of Lord Morley for Murder, 6 vol. 775.
M ANSEL, Sir Robert. See Whitebcke, James,
MANSFIELD, James, Counsel, 19 vol. 1080,
20 vol. 1.240, 1319,21 vol. 1061.— His Argu-
ment iq the Case of the Duchess of Kings-
ton, that a Sentence of the Ecclesiastical
Court, annulling the first Marriage, is a con-
clusive Answer to the Charge of Bigamy,
20 vol. 403. — His Argument in support of
the Duchess's claim of Privilege of Peerage
upon her Conviction, ibid. 634.
— — ^— Sir James, SoliciPor General.
— His Speech in Reply for the Prosecution,
on the Trial of Lord George Gordon for
High Treason, 21 vol. 621. — His Speech in
Reply for the Prosecution on the Trial of
De la Motte for High Treason, ibid. 794.
MANSFIELD, . Richard. See Sacheverell,
William,
MANSFIELD, William, Earl of. Chief Justice
. of K. B. See Murray^ The Hon. William,
. — His celebrated Speech on delivering the
Judgment of the Court for the Reversal
. of the Outlawry in the Case of John
Wilkes, 19 vol. 1098.— Another Report
of a part of that Speech, ibid. 1401. —
Contemporary Remarks upon it, ibid. 1404
(note), ibid. 1113 (note).— He delivers the
Judgment.of the Court in the Case of Fabrigas
. y. Mostyn, 20 vol. 226. — His Judgment in
the Case of the Island of Grenada, ibid. 320.
—His Charge to the Jury on the Trial of
Johtt Home for ^ ^b^li ibid, 759«— His
Charge to the Jury on the Trial of John
Almon for publishing Junius's Letter to
the King, ibid. 836.— His Charge to the
Jury on the Trial of John Miller for re-
printing Junius's Letter to the King, ibid.
892. — He'delivers the Judgment of the Court
of King's Bench in the Case of the King v.
Woodfall, respecting the limit of the powers
of Juries in Cases of Libel, ibid. 917.—
This Judgment is afterwards read by him in
the House of Lords, ibid. 921.— Questions
proposed to him by Lord Camden respecting
the Doctrine contained in this Judgment,
ibid. ib.—He delivers the Judgment of the
Court of King's Bench on discharging the
Rule for a Criminal Information against
Captain Baillie, 21 vol. 66.— His Charge
to the Jury on the Trial of Lord George
Gordon for Treason, ibid. 644.— His Charge
to the Jury in the Case of the Madras
Council, ibid. 1219.— His Charge to the
Jury on the Trial of Charles Bembridge for
Frauds committed by him as an Accountant
in the Office of the Pay-Master General, 22
vol. 74. — He delivers the Judgment of the
. Court on discharging a Motion to arrest the
Judgment, or to grant a new Trial in that
Case, ibid. 150.
M ANWARING, Roger.— Proceedings against
him for preaching Sermons in favour of
Loans, and the power of the King to enforce
them without the authority of Parliament,
4 Car. 1, 1628, 3 vol. 335.— The Declara-
tion of the House of Commons against him,
ibid. 338. — Mr. Pym'a Speech at a Con-
ference with the House of Lords on deliver-
ing the Charge against him, ibid. 340.— He
is brought to the Bar of the House of Lords
to answer to the Charge, ibid. 352. — His
Defence, ibid. 353.— The Judgment against
him, ibid. 356. — ^His Submission and Re-
cantation, ibid. 357.
MANWOOD, Sir Roger, Chief Baron of the
, Exchequer, 26 Eliz. 1 vol. 1096, 1229, 1251.
— His Speech in the Star Chamber on de-
claring the manner of the Death of the Earl
of Northumberland, ibid. 1122. — He was
one of the Commissioners appointed for the
Trial of Mary, Queen of Scots, ibid. 1167.
MARCH, Earl of. See Mortimer, Roger,
MARGAROT, Maurice.— His Trial at Edin-
burgh for Sedition, in becoming a Member
of an illegal Assembly called the General
Convention, 34 Geo. 3, 1794, 23 vol. 603.
— ^At the commencement of the Trial, he
objects to the absence of the Lord Justice
General, ibid. ib. — ^The Objection is orcr-
ruled, ibid. 608.— The Indictment, ibid. ib.
— His Objections to the relevancy of the
Indictment, ibid. 616. — Answer of the So-
licitor General thereto, ibid. 617.— Tbe
Court decide that the Indictment is relevant,
ibid. 622.— Evidence for the prosecution*
ibid. 632.— Evidence for the Panel, ibid.
en,-— Tph.^ Lprd Advoca^e'a Speech foif tw
THE STATE TRIALS.
BS
Piosecution, ibid. 679. — ^Margaret's Speech
in his Defence, ibid. 710. — ^The Court sum
up the Evidence, ibid. 763. — ^The Jury find
him Guilty, ibid. 768. — The Court sentence
himtoTransportation for Fourteen Years, ibid.
771. — ^His subsequent Conduct,' ibid. 1412.
— He dies soon after his return to England
in 1815, ibid. 1413.
MARKHAM, Sir Griffin.— He is tried with
Sir Edward Parham, George Brooke, Bar-
tliolomew Brookesby, Anthony Copley, Wil-
liam Watson, and William Clarke, for High
Treason, in being concerned in Sir Walter
Raleigh's Plot, 1 James 1, 1603, 2 vol. 61.
—Indictment against them, ibid, ib.— They
are all found Guilty, except Sir Edward
Parham, ibid. 65. — Letter containing an Ac-
count of the Proceedings respecting them
after their Trial, ibid. ib. — Watson, Clarke,
and Brooke are executed, ibid. 66. — Mark-
ham is pardoned at the place of Execution,
ibid. ib. — ^The King's Warrant for suspend-
ing the Execution of Markham, ibid. 69.
MARLBOROUGH, Charles, Duke of. See
Barnard, WUUam.
MARLBOROUGH, John Churchill, Duke of.
— ^Anecdote respecting his conduct on being
applied to for his attendance to give Evidence
at the Trial of the Earl of Oxford (Harley),
15 vol. 1179.
MARSHALL, William. See Wakeman, Sir
George, Anderson, Lionel.
M ARSON, John. See Cowper, Spencer,
MARTEN, Henry, 5 vol. 1000, 1199. See
Regicides,
MARY, Sister to Edward the Sixth, afterwards
Queen of England. — Proceedings on the
part of the Lord Protector and Council re-
specting her Non-conformity, 4 and 5 Edw.
6, 1550-1551, 1 vol. 527.— Her Letter to the
Lord Protector and the Council concerning
their interference with her Religion, ibid. ib.
— Instructions for Dr. Hoptou to answer
her Letter, ibid. 529. — Her Second Letter
to the Protector and the Council, remonstrat-
iug against their summoning some of her
household, ibid. 532. — ^The King's Letter to
her, ibid. 533.^— Her Reply thereto, ibid.
535. — Correspondence between her and the
Council, respecting the Prosecution of her
Chaplains for saying Mass at her House,
ibid. 536. — Her Letter to the King, entreat-
ing him not to interfere with her using Mass,
ibid. 548. — ^The King's Answer thereto, ibid.
549. — ^The King's Instructions td the Mes-
sengers sent by him to her, ibid. ib.
MARY, Queen of Scots. See Bdbington,
Anthony, Damley, "Henry, Lord, — Evidence
of Nicholas Hubert, alias Paris, respecting
her Adultery with Both well, 1 vol. 942. —
Indecent Ballads and Letters found in her
possession, ibid. 991. — Proceedings against
her for being concerned in Babington's Plot
against the Qaeen, 28 Eliz. 1586> ibid. 1161.
— Commission for her Examination .an^
Trial, ibid. 1166. — ^The Commissioners meet
at Fotheringay, ibid. 1168. — She is prevailed
upon to submit to her Trial, ibid. 1172. —
Correspondence between her and Babington,
ibid. 1174. — ^The Commissioners adjourn to
the Star Chamber, ibid. 1188.— They find
her Guilty, ibid. 1189.— The Parliament
petition Queen Elizabeth for Execution upon
the Sentence, ibid. 1190. — The Queen's
Answer thereto, ibid. 1192. — The Lord
Chancellor and the Speaker of the House of
Commons urge reasons for the Execution
of Mary, ibid. 1195. — Queen Elizabeth con-
sents, ibid. 1198. — Commission for her
Execution, ibid. 1201.— Offensive Letter of
Mary to the Queen, ibid. 1202 (note). — Her
Execution, ibid. 1207. — Account of the Evi-
dence against her, from the Hardwicke State
Papers, ibid. 1211 — Letter from Archibald
Douglas to her, confirming the Confession
of James, Earl ofMortoun, respecting the
Murder of Lord Damley, ibid. 953.
MASKALL, Henry John. — His Trial for
assisting in the destruction of Lord* Mans-
field's House during the Riots in 17*80, 21
Geo. 3, 1780, 21 vol. 653. — Evidence for
the Prosecution, ibid, ib.—- His Defence,
ibid. 670. — Evidence for the Prisoner, ibid.
673.— He is acquitted, ibid. 688.
MASSEY, Major General Edward. See HolUs,
DenziL
MATTHEWS, John.— His Trial for High
Treason in printing a Libel asserting the
Title of the Pretender to the Crown, 5 Geo.
1, 1719, 15 vol. 1323.— The Indictment,
ibid. 1324. — He pleads Not Guilty, ibid.
1331. — ^The Attorney GeneraFs Speech for
the Prosecution, ibid. 1333. — Evidence
against him, ibid. 1340. — Mr. Hungerford's
Speech in his Defence, ibid. 1359.— Mr.
Ketelby's Speech for him, ibid. 1364. — Evi-
dence for the Prisoner, ibid. 1369. — Evi-
dence in reply, ibid. 1377. — Reply of the
Attorney General, ibid. 1378. — Chief Justice
King's Charge to the Jury, ibid. 1386.— The
Jury find him Guilty, ibid. 1394. — His
Counsel make several Objections in Arrest
of Judgment, which are overruled by the
Court, ibid. ib. — Sentence is passed upon
him, and he is executed, ibid. 1403.
MAWGRIDGE, John.— His Case upon a
Special Verdict found upon an Indictment
for the Murder of William Cope, 17 vol. 57.
— Lord Holt delivers the Opinion of the
Judges, that the facts found by the Special
Verdict amount to Murder, ibid. 59. —
Particulars of the Case, ibid. 71. — ^Before
the Argument of the Special Verdict, he
escapes, but is afterwards retaken and exe-
cuted, ibid', ib. — His Conduct immediately
before his Execution, ibid. 72.
MAY, William. See Dawson, Joseph.
MAY, Thomas*— His Account of the Masaiacrc
OBNERAL INDEX TO
of th« PvotMttnti in Inland in the time of
Charke the Fitit, 4 roh 654 (note).
MAYNARD, John, Counsel, 6 rol. 348.— He
iigns the Exceptions to the Indictment on
the Trial of Lilburne, for returning firom
Banishmenti ibid. 431.
--———— Seijeant-at-Law, 6 vol.
76f dl3, 1045. — ^Hift unworthy Conduct on
being imprisoned by Cromwell, with Ser-
jeant Twisden and Mr. Wadham Windham,
for pleading in the Case of Mr. Cony, 5 vol.
d36<— -His Speech in the House of Commons
upon the Deoate upon the Charges against
liord Clarendon, 6 vol. 326. — He is appoint-
ed a Manager for the House of Commons
on the Trial of Lord Mordant, ibid. 796. —
He is one of the Counsel for the Crown on
the Trial of Tonge and others for High
Treason, ibid. 232. — He is of Counsel for
the Prosecution on the Trial of Lord Morley
for Murder, ibid. 776. — His Argument in
the Case of the Earl of Shailesbury, in favour
of the legality of a Commitment by the
House of Lords for a Contempt, ibid. 1290.
•*^His Speech for the Prosecution on Cole-
man's Trial for High Treason, 7 vol. 6.— His
Speech for the Prosecution on the Trial of
Lord Comwallis in the House of Lords for
Murder^ ibid. 154.
■■ Sir John, King's Ancient Serjeant,
8 vol. 267, 453, 1366, 10 vol. 561.— His
Speech for the Crown on the Trial of Knox
and Lane, for disparaging the Evidence of the
Popish Plot, 7 vol. 767.— His Speech for the
Crown on the Trial of Tasborough and Price
for attempting to discourage Dugdale, one
of the Witnesses for the Popish Plot, from
ffivinff Evidence, ibid. 887.—His Speech
for the Prosecution on the Trial of Sir
Thomas Gascoigne for High Treason, in
being concerned in the Popish Plot, ibid.
067.— His Speech in the House of Lords as
one of the Managers for the House of Com-
mons, in support of the Impeachment of
Lord Stafford, ibid. 1298. — His Speech in
the House of Commons on the Motion for
the Impeachment of Chief Justice Scroggs,
8 vol. 208.— His Speech for the Defendant
in the Case of Pritchard against Papillon,
for a False Arrest, 10 vol. 330.— He is called
as a Witness on Oates's Trial for Perjury,
ibid. 1162.— His Speech in the Debate in
the House of Commons on the Earl of
Danby's pleading a Pardon from the King
to an Impeachment by the Commons, ibid.
785. — He was a King's Serjeant in 1688,
under James the Second, 12 vol. 125.— He
takes a part in the Debate on the Mdtion
for impeaching Sir Adam Blair and others,
for dispersing a treasonable Declaration of
James the Second, in 1689| ibid. 1212.
MAYNAHD, Sir John. See Mdlis, VenzlL
UAYNABD, WiUiam, Lord. See Suffolk,
MEAD, WiUiam. See Penn^ WUUtm.
MEALMAKER, George.— His Trial in Scot-
land for Sedition and administering unlawful
Oaths, 38 Geo. 3, 1798, 26 vol. 1135.— The
Indictment, ibid. ib. — Debate on the Rele-
vancy of the Indictment, ibid. 1140. — ^The
Court hold the Indictment relevant, ibid.
1144. — Evidence for the Prosecution, ibid.
1145.<-~The Lord Advocate's Speech to the
Jury, ibid. 1158. — The Jury find him Guilty,
ibid. I163.--He is sentenced to Transporta-
tion for 14 years, ibid. ib.
MEGGOTT, Sir George-— His Case in Par-
liament on a complaint of Breach of Privi-
lege, for having prosecuted at law several
persons for their Evidence before a Com-
mittee of the House of Commons, 14 vol.
749 (note).
MELANCTHON.— His Opinion respecting
Impotence and Divorce, as produced by Arch-
bishop Abbot, in confirmation of his Reasons
against the Divorce of the Earl and Coun-
tess of Essex, 2 vol. 796.
MELDRUM, Robert. See Bemardi, John,
MELFQRT, John, EaH of.— Proceedings in
Scotland against him, John, Earl of Middle-
toun, Richard, Earl of Lauderdale^ and
others, for Treason under the Scotch Statute,
1 Will. & Mary, c. 8, for joining in arms
with the French King, and remaining in
France after the 1st of June, 1693, 6 Will.
and Mary, 1694, 13 vol. 1442. — ^They are
outlawed for not appearing, ibid. 1443.—
Upon the Petition of the King's Advocate,
they are afterwards admitted to make their
Defences, ibid! ib. f^
MELLOR, George.~His Trial with WiMMJ
Thorpe and Thomas Smith for the MutWr
of William Horsfall, under the Special Com-
mission at York, for the Trial of peruons
concerned in the Luddite Insurrection, 53
Geo. 3, 1813, 31 vol. 997.— Mr. Park's
Speech for the Prosecution, ibid. 998.— Mr.
Justice Le Blanc's Charge to the Jury, ibid.
1008.— The Jury find them Guilty, ibid.
1033. — Mr. Justice Le Blanc's Address on
passing Sentence of Death upon them, ibid,
lb.— They are executed, ibid. 1063. See
Ludditei,
MELVILLE, George, Lord. See Loudom,
JameSf Earl of,
MELVILLE, Henry, Viscount.— His Trial in
the House of Lords on an Impeachment of
High Crimes and Misdemeanours by the
Commons, 46 Geo. 3, 1806, 29 vol. 549.--
Introductory Note, ibid. ib. — Resolutions
of the House of Commons against him, ibid.
551.— The Resolutions are presented to the
King, ibid. 655. — Lord Melville requests to
be heard in his own Defence in the House
of Commons, ibid, 560. — His Speech, ibid.
ib.-*-The House resolve to impeaeh biro,
ibid. 694.-- Proceedings in both Houses of
Farliametit respecting the Impeacbment,
THE STATE TRIALS*
87
prelimitiaty to the Trial, ibid. tb.^Proceed-
ings on the Trial, ibid. 605.— Names of the
Managers for the Commons, ibid. ib. —
Names of Lord Melville^s Cfomisel, ibid.
606 .---Articles of Impeachment, ibid. 608.
Answer of Lord Melville, ibid. 622.-—
Further Article of Impeachment, ibid. 623.
— Answer thereto^ ibid. 624. — Replication
of the Commons, ibid. ib.«— Mr. Whitbread's
Speech on opening the Articles, ibid. 625.
-^Evidence in support of the Preamble to
the Articles, ibid. 671.— The Third lleport
of the Commissioners of Accounts in 1781,
ibid. 673. — The Appendix thereto, ibid.
686.-^£vidence of the Resolutiokis of the
House of Commons upon the Reports of
the Commissioners, ibid. 688. — Evidence
of the Kitig's Wartant for the Augmentation
of the Salary of Mr. Barr^» then Treasurer
of the Navy, in cobseqtience of One of the
above Resolutions of the Comnlonsi ibid.
689.*-^£Tideilce of the Gratit of ati additional
Salary to Lotd MeWille, ibid. 706.'^Extract
from the Eighth Report of the Commissioners
of Poblie Accounts, ibid. 711. — Evidence
on the First and Tenth Articles respecting
the appropriation of certain sums of the
pubtio money by Lord Melville to his own
use, before the passing of the Act of Par-
liament for better regulating the Office of
Treasurer of the Navy, ibid. 713. — Evidence
of the Appointment of Mr. Douglas as Lord
Melville's Paymaster, and of his acting as
such under a Power of Attorney from Lord
Melville, ibid. ib. — Evidence respecting the
Duties and Nature of the Office of Paymaster
to the Treasurer of the Navy, ibid. 748. —
The Managers for the Commons propose to
prove Mr. Douglas's acknowledgment of the
receipt of a sum of money from the Ex-
chequer, in order to affect Lord Melville
criminally with such receipt, ibid. 746. —
Discussion respecting the admissibility of
this Evidence, ibid. 747. — ^The Lords decide
that the Evidence is admissible, ibid. 763.—
Evidenee of the Examination of Lord Mel-
ville before the Commissioners of Naval
Inquiry in 1804, ibid. 797.— His Corres-
pondence with tlie Commissioners relative
to that Examination, ibid. 808. — Evidetl^e
in support of the Fifth Article, respecting
the appropriation of certain other sums of
public money by Lord Melville to his own
use, before the passing of the Act of Par-
liament, ibid. 892.-— Evidence on the Second
Article, charging Lord Melville with con-
niving at the employment of several sums
of public money by Mr. Trotter, his Pay-
master^ to his own private use, ibid. 898«—
Mr. Trotter's Evidence in Chief, ibid. 902.
—His Cross-Examination, ibid. 929. — His
Re-Examination, ibid.946. — Evidence of Mr.
Tierney, ibid. 1111.— Sir Samuel Romilly's
Speech on summing up the Evidence in
support of the Articles, ibid. 1150.-«Mr.
Plbttier*s Speech on openitig the Defefice,
iWd* n W.— EWdeticfi for the Defence, Ibid.
130B»<— Mr. Adam's Speceh on summing tip
the Evidence for the Defence, ibid. iai3.< —
Sir Arthur Piggott*s Reply upon the poiats
of law urged for the Defence, ibid. 1371.' —
Mrt WhitbreadVgeneral Reply for the Com-
mons, ibid. 1392.^^Questions proposed to
the Judges by the House of Lords upon
some of the principal parts of the Charge,
with their Answers thereto^ ibid. 1468.^ —
Analysis of the Votes of the Lords upon the
several Articles, ibid. 1477. — He is acquitted
by a majority of the Lords upon all the
Articles, ibid. l481«
MENZIES^ James. See Cameron, Angus,
MENNONS, John, See SmUh^ Jameu.
MEREIAM, Johti. Bee Denew, JStUkankL
MERRICK^ Sir Gilly. See Blunt, Sir ChrU*
tephett
M:fiSSENOER, Peter.— His Trial with several
Others for High Treason in tutnultuoUsly
assembling together under the pretence of
pulling down Bawdy Houses, 20 Caf. 2,
1668, 6 vol. 879.— Evidence against them,
ibid. 880.— The Jury, by direction of the
Judge (Chief Justice Kelyng), find a Special
Verdict as to some of the Prisoners, and
acquit the others, ibid. 891.— The Special
Verdict, ibid* ib. 897.— Kelyng*S Report of
the Opinions of the Judges upon this Case,
ibid. 892. — ^All the Judges, excepting Lord
Hale (then Chief Baron), are of opinion,
that the Facts found by the Special Verdict
constitute High Treason, ibid. 899. —
Resolutions of the Judges as to the Judg-
ment to be given in each of the several
Cases, ibid. 911. — Mr. Luders's Remarks
upon this Case, and the doctrine of Con-
structive Levying of War, contained in the
Resolutions of the Judges, ibid. 908 (note).
— Lord Hale's Account of the grounds of his
dissent from the Opinion of the Judges, ibid.
910 (note).
MICHELL, Sir Francis. See Mompestm, Sir
'Giles. — Proceedings in Parliament against
him for Monopoly and abuse of Patents, 19
Jac> 1, 1631, 2 vol. 1132.— Offences charged
against him in the House of Lords, ibid, ib,
— His Defence, ibid. 1133. — He is found
Guilty by the Lords unanimously, ibid. 1185.
— His Sentence, ibid. ib.
MIDDLEMORE, Humphrey.— His Trial With
William Exroew, and Sebastian Nudigate^
for denying tlie King*s Supremacy, 27 Hen.
8, 1535, 1 vol. 473.— They are found Guilty,
and Judgment of Death is passed upon them,
ibid. ib. — They are refused the Sacrament
before their Execution, ibid. ib.
MIDDLESEX, James, £ari of. See Suffolk,
James^ Earl of.
MIDDLESEX, Lionel, Eari of,LordTreasurer.
—Proceedings on his Impeachment for High
Crimes and Mi8demeanours,22Jac. 1,1624,
2 voj. t J 3^.— Report of ft PowroUtie of \hp
88
GENERAL INDEX TO
House of Lords appointed to examine the
Stores and Ammunition of War, ibid. 1186.
— Sir Edward Coke, on the part of the Com-
mons, opens, the Charges against him, ibid.
1190. — Sir Edwin Sandys supports the
Charges for the Commons, ibid. 1194. — The
Lords appoint a Committee to examine the
Charges, ibid. 1197. — The Committee report
thereon, and deliver a part of the Articles of
Impeachment to the House, ibid. ib. — He
petitions for Warrants for the attendance of
Witnesses,and for Counsel, ibid. 1199. — The
House grant him Warrants for his Witnesses,
but refuse Counsel, ibid. 1200. — He applies
for Copies of the Depositions taken against
him, which are refused, ibid. 1201. — Addi-
tional Articles exhibited against him, ibid.
1202. — His Answer to the First Part of the
Articles, ibid. 1203. — His Answer to the Ad-
ditional Articles, ibid. 1214.— Petition of
several Merchants against him respecting an
Imposition on Hops, ibid. 121 6. — ^The King's
Speech to the Lords respecting the Proceed-
ings against the Lord Treasurer, ibid. 1218.
— ^The Attorney General opens the Charge
respecting the Wardrobe, ibid. 1221. —rHis
Answer thereto, ibid. 1223. — The Attorney
General opens the Charge of Bribery and
Corruption, ibid. 1225.— His Answer there-
to, ibid. 1228. — ^The Attorney General opeds
the Charge respecting the Lease of Sugars,
ibid. 1230.— His Defence thereto, ibid. 1231.
— ^The Attorney General opens the Charge
respecting Groceries, ibid, ib.— His Defence
thereto, ibid. 1232. — The Attorney General
opens the Charge as to his unlawful bargain-
ing for Sir Roger Dallison's Lands, ibid. ib.
— His Defence thereto, ibid. 1236. — He
petitions for further time on account of his
Sickness, ibid. 1237. — ^Tlie Lords send a
Committee with a Physician to his House, to
order him to attend on the same Afternoon
if he were not too ill, ibid.ib. — The Attorney
General opens the Cliarge respecting Muni-
tions, ibid. 1238.— His Answer thereto, ibid.
1240.-— The Attorney General opens the
Charge respecting the Court of Wards, ibid.
1241. — His Answer thereto, ibid. 1242. —
His General Defence to all the Charges,
ibid. 1244. — ^The Lords acquit him of some
of the Charges, and find him Guilty upon
others, ibid. 1245. — Sentence of the Lords
upon him, ibid. 1250.— Wilson's Account
of him in his Life of James the First, ibid. ib.
MIDDLETOUN, Captain James.— Proceed-
ings in Scotland against him and others for
High Treason, in holding the Fortress of
the Bass against the King, 5 Will, and
Mary, 1694, 13 vol. 643.— The Indictment,
ibid, ib.— Debate on the Relevancy, ibid.
851.— Interlocutor of Relevancy, ibid. 865.
—Evidence against them, ibid. 866.— The
Jury find two of the Panels Guilty, and they
are sentenced to Death, ibid. 872. — The
others are also found Guilty and sentenced,
ibid, 877. i >
MIDDLETOUN, John, Earl of. See Mdfort,
John, Earl of,
MILLER, John. — His Trial in London upon
an Ex'Officio Information for re-printing
Junius's Letter to the King, 10 Geo. 3, 1770,
20 vol. 869. — ^The Solicitor General's Speech
for the Prosecution, ibid. ib. — Evidence for
the Prosecution, ibid. 876. — Serjeant Glynn's
Speech for the Defendant, ibid. 878. — Mr.
Davenport's Speech on the same side, ibid.
885. — Reply of the Solicitor General, ibid.
888. — Lord Mansfield's Charge to the Jury,
ibid. 892. — The Jury acquit him, ibid. 895.
MILLINGTON, Gilbert, 5 vol. 1002, 1203.
See Regicides^
MILLS, Richard. See Jackson^ WUlidm.
MITCHEL, James. See MaUland, Charles.
— His Trial in Scotland for shooting at
Archbishop Sharp, 29 Car. 2, 1677, 6 vol.
1207. — Burnet's Account of the Attempt upon
Archbishop Sharp, ibid. ib. (note). — ^Laing's
Account,ibid.l215(note). — Mitchel acknow-
ledges the fact under a promise of mercy,
before a Committee appointed to examine
him, ibid. 1216.— After two years imprison-
ment, he is again brought before the Com-
mittee and examined, ibid. 1217. — He re-
fuses to acknowledge his former Confession,
ibid, 1227. — He is threatened with the Tor-
ture, ibid. 1228. — ^The Torture is applied
to him, but he still refuses to acknowledge
his Confession, ibid. 1232. — His Trial, ibid,
ib. — Indictment against him, ibid, ib.— He
denies the Charge, ibid. 1236. — His Counsel,
in the Debate on the Relevancy of the In-
dictment, urge that the Offence charged can-
not amount to Murder, and that the former
Confession, if made, cannot be available
against his Life, being made upon a promise
of Pardon, ibid. ib. — Interlocutor of Re-
levancy, ibid. 1 253. — ^The Court hold, that if
it be proved that the Confession was obtain-
ed on a promise of security for life and
limb, it is a sufficient defence to ensure the
Panel his Life, ibid. 1254.— Evidence for the
Prosecution, ibid. ib. — ^The Assize find the
Indictment Proven, and that the Confession
*was not made under a promise of safety,
ibid. 1260. — Sentence is passed upon him,
ibid. ib. — His Speech at the place of Execu-
tion, ibid. 1261. — Mr. Laing s Remark upon
this Trial, ibid. ib. (note).
MITCHELL, Robert. See Duncan, Alison.
MITFORD, Sir John, Solicitor General, 22
vol. 791, 26 vol. 7, 554, 1218.— His Reply
for the Prosecution on the Trial of Hardy
for High Treason, 24 vol. 1 1 67. — His Speech
for the Prosecution on the Trial of Home
Tooke for High Treason, 25 vol. 27.— His
Reply on the Trial of Stone for High Treason,
ibid. 1396.
MODERS, Mary, alias Stedman, alias the
German Princess,— Her Tr^al (or Bigaipy*
THE STATE TRIALS.
89;
15 Car. H, 1663, 6 vol. 273.— The Indict-
ment, ibid. ib. — She pleads Not Guilty, ibid.
274. — Evidence against her, ibid. 275. —
Her Defence, ibid. 278. — She is acquitted,
ibid. 283. -
MOHUN, Charles, Lord.— His Trial before the
House of Lords for the Murder of William
Mountford, 4 Will, and Mary, 1694, 12 vol.
• 949. — ^The Indictment, ibid. 956. — ^Address
of the Lord High Steward to him on his being
brought to the Bar, ibid. 957.— He pleads
Not Guilty, ibid. 960.— The Attorney General
opens the Case for the Prosecution, Ibid. 961.
— Evidence for the Prosecution, ibid. 966. —
Evidence in his Defence, ibid. 988. — Reply
of the Solicitor General, ibid. 1009. — Reso-
lutions of the Judges, and Arguments of
Counsel upon several Questions of law
arising out of the facts in Evidence, ibid.
1015. — He is acquitted by a Majority
of the Lords, ibid. 1048.— His Trial before
the House of Lords for the Murder of
Richard Coote, 11 Will. 3, 1699, 13 vol.
1033.--The Indictment, ibid. 1034.— He
pleads Not Guilty, ibid. 1035.— The Speech
of the Attorney General for the Prosecution,
ibid. 1036. — Evidence for the Prosecution,
ibid. 1037.— His Defence, 1053.— Reply of
the Solicitor General, ibid. 1055. — He is
unanimously acquitted, ibid. 1059. — He was
afterwards killed in a Duel by the Duke of
Hamilton, who was also killed, 12 vol. 949
(note). — ^Passages from Swift's Journal to
dtelia relating to this Catastrophe, ibid. ib.
MOMPESSON, Sir Giles. See MicheU, Sir
Francis, — Proceedings in Parliament against
him for Monopoly and Abuse of Patents, 18
Jac. 1, 1620, 2 vol. 1119.— Od being sum-
moned to appear before the House of Com-
mons he makes his -Escape beyond Sea. ibid,
ib. — Measures taken for his Apprehension,
ibid. 1121. — Reports of the several Com-
mittees appointed by the House of Lords to
inquire into the Grievances occasioned by
his Abuse of several Patents, ibid. 1122. — ^The
King's Speech in the House of Lords, com-
mending the Proceedings against him, ibid,
1126. — Resolutions of the House of Lords
against him, ibid. 1130. — The Sentence
p^gssed upon him, ibid. 1131.
MONCRIEF, Hugh. See Gowrie, John,
Earl of.
MONCRIEFF, James, Advocate.— Informa-
tion for Andrew Mac Kin ley upon the Re-
levancy of the Indictment against him for
administering unlawful Oaths, written by
him, 33 vol. 396.
MONEY, James. See Leach^ Dryden,
MONK, General George.— Letter of Charles
the Second to him from Breda, immediately
before the Restoration, 5 vol. 947. — His
Answer to Hale's proposal in Parliament
respecting the imposition of Conditions upon
Charles the Second at the Restoration,^ ibid.
969.-~Bumet and Laing's Account of his
base Conduct in transmitting confidential
Letters of the Marquis of Argyle to the
Scotch Parliament^ in order to ensure his
Conviction, ibid. 1371 (note), 1504 (note).
— Mr. Rose's Reasonings and Evidences
respecting the truth of this Charge, 10 vol.
758 (note). — Sir George Mackenzie seems
to have established the truth of the Charge,
ibid. 764 (note). — He sits upon the Trial of
the Regicides as Duke of Albemarle, .5
vol. 986. — Mr. Fox's Remarks upon his
Character, ibid. 987 (note)..
MONMOUTH, Henry, Earl of. See North,
ampton, Spencer, Earl of,
MONMOUTH and BUCCLEUGH, James,
Duke of. — Algernon Sidney's Account of his
Procedure against the Scotch Insurgents, 11
vol. 259 (note).— -Proceedings against him,
Sir James Dalrymple of gtair, and Andrew
Fletcher of Saltoun, in the Court of Justiciary,
for High Treason and Rebellion, 1 and 2 Jac. 2,
1685-6, ibid. 1023.— The Libel against him,
ibid. 1057. — Fountainhall's Account of tidese
Proceedings, ibid. ib. (note). — Monmouth's
Declaration on his landing at Lyme, ibid.
1032 (note).— The Act of Attainder against
him, ibid. 1048 (note). — Account ofhis Exe-
cution, ibid. 1068. — His Letter to the King,
ibid. 1072.— Letter of Dr. Lloyd, Bishop of
St. Asaph, containing an account of his
Death, ibid. 1073. — Account of his Actions
and Behaviour from the time of his Apprehen-
sion till his Death, ibid, 1076. — Observations
and References on the question, whether
Charles the Second was married to his Mother,
il?id.l097.-— Documentsfrom the State-Paper
Office, relating to the intercourse between
Charles the Second and him upon the subject
of the Plots of 1683, ibid. 1097.— Account of
his Capture after the battle of Sedgmoor, pub-
lished by command of the King, ibid. 1101.
— Dryden's Account of his Progress in quest
of popularity, 10 vol. 1336 (note).
MONSON, Sir Thomas.- His Arraignment for
the Murder of Sir Thomas Overbury, 13 Jac.
1, 1615, 2 vol. 949.— Chief Justice Coke's
Speech, ibid. ib. — He pleads Not Guilty,
ibid. ib. — His Trial is abandoned and he is
se*t at liberty, ibid. 952.
MONTACUTE, Lord. See Exeter, Marquis of.
MONTAGUE, Sir Edward, Chief Justice of
C. P. 38 Hen. 8, 1 vol. 458.
MONTAGUE, Sir Edward, Chief Justice of
K. B. 16 Jac. 1. — His Speech on delivering
his Opinion in the Star Chamber respecting
the Sentence to be passed upon Mr. Wrayn-
ham for slandeTing Lord Chancellor Bacon,
2 vol. 1078.
MONTAGUE, William, Chief Baron of the
Exchequer, 32 Car. 2, 7 vol. 1527, 11 vol.
404. — He is one of the Judges who presided
at the Trial of Lord William Russel^ 9 vol.
592. — He is examined as a Witness for the
Defendant on the Trial of Oatss for Perju/yj^
90
GENERAL INDEX TO
10 Tol. 1168.^He presides with Jefferies at
the Trial of Lady Alice Lisle at Winchester,
llVol.944.^Heis8aidto have been removed
from the Bench in 1G66» in consequence of
his refusal to support the Dispensing Power,
12 vol. 261 (note).
MONTiiAGLE, Lord.— Narrative of the de-
livery of a Letter to him, discovering the
Gunpowder Pioty 2 voL 195.
MOORE, Henry, It vol. 645. See Hastings,
Town and Port of,
MORDANT, John.— His Trial before the
High Court of Justice for High Treason, in
conspiring to levy War against the Common-
wealth, and corresponding with Charles the
Second, 10 Car. 2, 1658, 5 vol. 907 —The
Charge against him, ibid. 911.— He disputes
the Jurisdiction of the Court, ibid. 914.— He
pleads Not Guilty, ibid. 917.— The Evidence
against him, ibid. 918.^— His Defence, ibid.
&2S. — He is acquitted by the President's
casting Vole, ibid. 923, 912 (note).— Lord
Clarendon's Account of this Trial, and the
circumstances attending it, ibid. 907 (note).
MORDANT, John, Viscount. — Proceedings
on his Impeachment for High Crimes and
Misdemeanours, 18 Car. 2, 1666, ibid. 785.
—Articles of Impeachment against him de-
livered to the Lords, ibid. 789. — His Answer
thereto, ibid. 792. — Names of the Managers
for the Commons^ ibid. 796. — The Commons
object to his sitting within the Bar on the
Tnal of the Impeachment, ibid. 799. — Dis-
pute between the two Houses on this
Matter, ibid. 801. — The Proceedings are
ended by the prorogation of the Parliament,
ibid. 806. — He is again impeached in a
subsequent Session, and the Charge referred
to a Committee, ibid. ib. — Lord Clarendon's
Account of his activity in bringing about
the Restoration, 5 vol. 912 (note), 6 vol.
785 (note). — For his Services in this respect
he was created Viscount Avalon and Baron
Motdant, by Charles the Second, 6 vol. 787
(note). — Jealousy of the Royal party towards
him after the Restoration, ibid. 785 (note).
— He was Father to the celebrated Charles,
Earl of Peterborough, ibid. 787 (note).
MORDANT, Lady Mary. See Norfolk,
Henri/ Howard, Duke of,
MORE, Sir Thomas, Lord Chancellor.— His
Trial for High Treason in denying the King's
Supremacy, 26 Hen. 8, 1535, 1 vol. 385. —
His Conversation with Rich, the Solicitor
General, previous to the Trial, ibid. ib. —
The, Indictment is read, ibid. 387. — His
Answers to the Charges contained therein,
ibid. 388. — Rich gives Evidence of Sir
Thomas More's Conversation with him, ibid.
390. — His solemn denial of the truth of
Riches Statement, ibid. ib. — He contends,
that to substantiate the Charge against him,
express Malice must be proved, ibid. 391. —
' The Jury fiod him Guilty, ibid, 392.— He
contends that the act of Supremacy is con-
trary to the Law of God, and that the Indict-
ment founded upon it is invalid^ ibid, ib.- —
The Court overrule the Objection to the
Indictment, ibid. 393. — ^Judgment of Death
is passed upon him, ibid. ib. — His Conduct
before and at the time of his Execution,
ibid. 395. — Burnet's Account of his Trial,
Execution, and Character, ibid. 475.
MORETON, John, Serjeant-at-Law. — His
Speech for the Prosecution on the Trial of
Twyn and others for High Treason, 6 vol,
520.
"^ Judge of K. B. 18 Car. 2,
6 vol. 769.
MORETON, Thomas, Bishop of Durham. See
Twdve Bishops.
MORETON, William, Recorder of London,
18 vol. 289, 19 voU 283. — His Charge to the
Jury on the Trial of Elisabeth Canning for
Perjury, 19 vol. 633. — His Address to her
on passing Sentence of Transportation for
Life upon her, ibid 673.
MORGAN, David. — His Trial for High
Treason in being concerned in the Rebellion
6f 1745, 20 Geo. 2, 1746, 18 vol. 371.—
Evidence against him, ibid. ib. — His De-
fence, ibid. 383. — Evidence for him, ibid.
384. — The Prisoner's Speech on summing
up the Evidence for his Defence, ibid. 385.
— Reply of the Solicitor General, ibid. 386.
—The Jury find him Guilty, ibid. 387.—
He is executed, ibid. 389.— His Speech at
the place of Execution, ibid. 390. — Account
of him, ibid. 389.
MORLEY, Thomas, Lord.— His Trial by his
Peers in the Court of the Lord High Steward
for'the Murder of Mr. Hastings, 18 Car. 2,
1666, 6 vol. 769.— Kelyng's Report of the
Resolutions of the Judges on such points of
Law as were likely to arise on the Trial,
ibid, ib.— Commission to Lord Clarendon to
be Lord High Steward, ibid. 772. — Evidence
for the Prosecution, ibid. 776. — Speech of
the Solicitor General (Finch) on summing
up the Evidence for the Prosecution, ibid.
778. — He is found Guilty of Manslaughter
by a Majority of the Peers, ibid. 785.— He
prays the Benefit of the Statute and is dis*
charged, ibid. 786.
MORPETH, Lord.— His Speech as one of the
Managers for the House of Commons on the
Trial of the Impeachment of Lord Chan-
cellor Macclesfield, 16 vol. 1025.
MORRIS, Harvey. See Tandy, James Napper,
MORRIS, John, alias Poyntz. — Proceedings
against him, with Mary his Wife, Isabel
Smith, Leonard Darby, and John Harris, for
forging and producing in Evidence a Copy
of a pretended Act of Parliament for enforc-
ing the eonveyance of certain Ldnds, 23
Car. 1, 1647, 4 ''ol. 951.— Charge ejdiibitei
THE STATE TRIALS.
01
agftinst tiiem itt iht Hou^fi of Lords by the
detk of the Parliatnent[»^ ibid. ib. — Sentence
of the Lords against them, ibid. 953.--^ur-
ther Proceedings in the House against
Isabel Smith for the Forgery of another
Copy of the Act of Pariiamenty and of the
records of Fines of the Lands mentioned
therein, ibid. 954.*^The Lords declare the
Act of Parliament and the Fines to be void,
ibid. 954.*«~Petition in their favour to Sir
Thomas Fairfax, ibid. 957^
MORRIS, Colonel John, Governor of Ponte-
fract Castle. — His Trial at York for High
Treason in levying War against the late King
and the Parliament. 1 Car. 2, 1649, 4 vol.
1249.— He pleads Not Guilty, ibid. ;|253.—
He demanas Counsel and a Copy of the
Indictment, which are denied him, ibid.
1260.— His Defence, ibid. 1262.— He re-
monstrates asainst being ironed, ibid. 1266.
— ^The Jury find him Guilty, ibid, ib.— His
Conduct at the place of Execution, ibid.
1267. — Clement Walker's Account of these
Proceedings, ibid- 1251 (note). — Lord
Clarendon s Account of the Transactions at
Ponte fract Castle which preceded this Trial,
ibid. 1254 (note).— Whitelocke*s Account of
the Trial, ibid. 1266 (note).
MORTIMER, Sir John.— Proceedings upon
an £x post facto Act of Parliament against
him for making his Escape from Prison and
asserting the title of the Earl of March to the
Crown, 3 Hen. 6,1424, 1 vol. 267.--He is
sentenced to be hanged, drawn, and quar-
tered, and is executed accordingly, ibid.
268.
MORTIMER, Roger, Earl of March.— Arti-
cles of Impeachment for High Treason ex-
hibited in Parliament against him, 3 Edward
3, 1330, 1 vol.51.— Judgment thereon that he
should be drawn and hanged, ibid. 53. — He
is executed accordingly, ibid. 54. — ^The Judg-
ment against him was afterwards reversed
by Act of Parliament and his Grandson was
restored to his Title and Estate, ibid, ib.—
Account of his immediate Descendants,
ibid. ib. See Beresford^ Simon de (note).
MORTIMER, Thomas. See Gbcester, Thomas,
Duke of,
MORTON, John. — Proceedings on his Trial
with James Anderson and Malcolm Craig
at Edinburgh for Sedition, 33 Geo. 3, 1793,
23 vol. 7. — The Indictment, ibid. ib. — De-
bate on the Relevancy of the Indictment,
abid. d.— The Court find it relevant, ibid, 16.
—Evidence against the Panels, ibid. ib. —
Evidence in exculpation, ibid. 18.— The Jury
iind them Guilty, ibid. 20.— Their Letter to
the Lord Justice Clerk, ibid. ib. — Sentence
of the Court, ibid. 26.
MORTON, John, Counsel, 19 vol. 709.— His
Speech in Defence of Elizabeth Canning on
her Trial for Peijury, 19 vol. 431.— He was
aftfrwfUf^s Chief Jui^tice of Chester, ibid. ib.
-^He is of Counsel for Dr. H^isey on his
Trial for High TreasoD| ibid. 1343.--His
Speech for the Prisoner on that Trial| ibid.
1875.
MORTOUN, James, Earl of.--His Trial for
the Murder of Henry, Lord Darnley, 23
Eliz. 1581, 1 vol. 947.— Record of the In-
dictment and Proceedings against him, ibid,
ib. — His Confession, ibid. 949.— 'His Exe-
cution, ibid. 953.— Letter from Archibald
Douglas to Mary Queen of Soots in oonfirmft*
tion of his Confessioni ibid, ib*
MOUNTAGUE, Sir Henry, Chief Justice of
K. B. 15 Jac. 1. — His Speech on granting
Execution upon Sir Walter Raleigh, 2 vol.
34.
MOUNTAGUE, James, Counsel.— His Avpi-
ment in the Court of King's Bench against
the validity of the Commitment^of the Ayles-
bury Men by the House of Commons, 14
vol. 850.-^His Speech in Defence of John
Tutohin on his Trial for a Libel, ibid. 1119.
— His Argument on showing Cause against a
Rule for amending the Entry of the Jury
Process in that Case, ibid. 1 161.
Sir James, Attorney General,
5 Ann. — His Speech for the Prosecution cm
the Trial of Robert Peilding for Bigamv, 14
vol. 1329. — His Speech as one of the
Managers for the House of Commons on the
Trial of the Impeachment of Dr. Sacheverel,
15 vol. 53. — His Speech for the Prosecution
on the Trial of Dammaree for High Treason,
ibid. 549. — His Speech in Reply in the same
Case^ibid. 589. — His Speech for the Prose-
cution on the Trial ofWillis for High Treason,
ibid. 616. — His Speech in Rejuy in that
Case, ibid. 641. — His Speech for the Prose-
cution on the Trial of Purchase for High
Treason, ibid. 654.— His Speech in Reply
in the same Case, ibid. 680.
" Baron of the Ex-
chequer 4 Geo. l.^His Argument on de^
livering his Opinion on the Case referred to
the Judges by George the Eirst respecting
the King's Prerogative in the Education and
Marriage of the Royal Family, 15 vol. 1215.
MOUNTAGUE, Richard.— Proceedings in
Parliament against him for publishing a fttc-
tious and seditious Book, 1 Car. 1, 1625, 2
vol. 1258.— The Commons appoint a Com-
mittee to inquire into the errors of his Book,
and take Sureties for his appearance to
answer, ibid, 1259.— The King signifies to
the Commons his disapprobation of their
Proceedings, ibid. ib. — The Bishops of
Rochester, Oxford, and St. David's, write to
the Duke of Buckingham on his behalf, ibid.
1260. — Articles drawn up by the Commons
against him, ibid. 1263.— -It does not appear
that any thing was done upon these Articles,
ibid. 1366.
MOWBRAY, Dav)d.--Hi8 Triftl for » TumiiU
9d
GENERAL INDEX TO
and Riot at Edinburgh against the saying of
Mass and other Popish Worship, 2 Jac. 2,
1666, 11 vol. 1003.— The Indictment, ibid,
ib. — He confesses the Charge, ibid. 1015.
—He is found Guilty and sentenced to be
hanged, ibid. 101 7.— He was afterwards re-
prieved for a short time^^^but whether he was
ultimately executed, is not known, ibid.
1018. — Fountainhairs Account of this Case,
ibid. 1003 (note).
MUIR, Thomas.«-His Trial in the High Court
of Justiciary at Edinburgh for Sedition, 33
Geo. 3, 1793, 23 vol. 117.— The Indictment,
ibid. ib. — His Defences, ibid. 129. — ^Inter-
locutor of Relevancy, ibid. 132. — He objects
to several of the persons who appear on the
Jury, that they were Members of a political
Association called the Friends of the Con-
stitution, ibid. 134. — ^The Court repel the
Objection, ibid, 136. — Evidence for the
Prosecution, ibid. ib. — He objects to a Wit-
ness that he was an Agent for the Crown in
procuring Evidence against him, ibid. 141.
—.The Lord Advocate withdraws the Witness
on this fact being proved, ibid. 142. — Evi-
dence of the Papers found in his possession,
ibid. 164. — Evidence in exculpation, ibid.
168.— Evidence of William Skirving, ibid.
ib. — The Lord Advocate's Speech for the
Prosecution, ibid. 179.— Mr. Muir's Speech
in his own Defence, ibid. 186. — ^The Lord
Justice Clerk sums up the Evidence, ibid.
229.— The Jury find him Guilty, ibid. 231.
— Opinions of the different Members of the
Court respecting the Sentence, ibid. 232. —
He is sentenced to be transported for 14
years, ibid. 236.— Address of the Society for
Constitutional Information to him after his
Conviction, 24 vol. 566. — His Letter to that
Society in acknowledgment of the same, ibid.
570. — His subsequent History, 23 vol.
1412.
MULLINS, Darby. See Kidd, WUUam.
MUNSON, Lionel. See Anderson, IMmel
MURPHY, Timothy.— His Trial at the Old
Bailey for forging a Will, 26 Geo. 2, 1753,
19 vol. 693.— The Indictment, ibid. 694.—
Speeches of the Counsel for the Prosecution,
, ibid. 695. — Evidence for the Prosecution,
ibid. 701. —His Counsel object to the Testi-
mony of a Person who stood indicted for
the same transaction, ibid. 702. — Argument
of the question, whether an Accomplice who
has been indicted is a good Witness, ibid,
ib. — The Court decide that his Evidence is
admissible, ibid. 709. — He is found Guilty,
ibid. 726.— His Confession, ibid, ib.— He is
executed, ibid. 734.
MURRAY, John, of Broughton, Secretary to
the Young Pretender. — Discussion respect-
ing the admissibility of his Evidence on
the Trial of Lord Lovat, 18 vol. 607.— His
Evidence against Lord Lovat, ibid. 651.
B«URRAY, The Hon. William.— Solicitor
General. See Mansfield, WUliamf Lard, 1 8
vol. 325, 337.— His Reply for the. Prose-
cution on the Trial of Francis Townley for
High Treason, 18 vol. 346. — His Reply a3
one of the Managers for the Commons on
the Trial of the Impeachment of Lord Lovat,
ibid. 802. — His Speech on summing up the.
Evidence for the Prosecution on Sie Trial
of William Owen for publishing a libel, ibid.
1222.— He was afterwards Chief Justice of
K. B.ibid. 337.
NAIRN, Katherine,— Her Trial in the Court of
Justiciary, with PatrickOgilvie for Incest and
Murder, 5 Geo. 3, 1765, 19 vol. 1235.— The
Indictment, ibid. 1236. — Debate on the Rele-
vancy of the libel and the Defences of the
Panels, ibid. 1244.— The Court find the Libel
relevant, ibid. 1258. — The Prisoners petition
the Court to have one of the Witnesses for
the Prosecution kept apart from the rest, ibid.
1259. — ^Tlie Petition is granted, ibid. 1261.
— Evidence for the Prosecution, ibid. 1262.
— Evidence for the Panels, ibid. 1310. —
They are found Guilty by a ereat plurality of
voices, ibid. 1315. — ^Tbe Counsel for the
Panels move in Arrest of Judgment, ibid.
1318. — The Court refuse to arrest the Judg-
ment, ibid. 1326. — ^Katherine Nairn petitions
for a suspension of her Sentence on account
. of pregnancy, ibid . 1 327.— Sentence of Death
is passed upon Patrick Ogilvie, ibid. 1328. —
A Jury of Midwives is sworn to try the
pregnancy of Katharine Nairn, who return
that they are uncertain whether she is preg-
nant or not, ibid. 1330. — The Court direct
them to report their Opinion at a future day,
ibid. ib. — Proceedings in this Trial trans-
mitted to the Privy Council, ibid. 1332. —
Opinion of an English Barrister thereon,
ibid. ib. — Ogilvie is respited for some time
and he is then executed, ibid. 1335. — Paper
signed by him before his Execution declaring
his innocence, ibid. 1337. — The Jury of
Midwives return that Katherine Nairn is
pregnant, ibid, 1338. — She afterwards
escapes, ibid. ib.
NAIRN, William, Lord. See Derwentwater,
James, Earl of, 15 vol. 761.
NARES, George, Counsel. — His Speech in
Defence of Elizabeth Canning on her Trial
for Peijury, 19 vol. 451.— He argues in
Support of an Objection to the Evidence of
a witness on the Trial of Timothy Murphy
for Forgery, ibid. 702.
- Serjeant at Law, 19 vol.
1153.
Judge of C. P. 11 Geo. 3,
19 vol. 1152, .20 vol. 183, 1316.
NAYLER, James. — Proceedings in the House
of Commons against him for Blasphemy and
other .Misdemeanours, 8 Car. 2, 1656, 5 vol.
801.— Report of the Committee of the House
of Commons on his Case, ibid, ib, — First
Article against him that, he assumed the
THE STATE TRIALS.
03
Character of Christ, ibid. 805. — Evidence in
support thereof, ibid. ib. — ^The Committee
resolye that the first Article is proved, ibid.
806. — Second Article that he assumed the
Titles of Christ, ibid. 808.— Evidence of his
Assumption of various Titles of Christ with
the Resolutions of the Committee thereon,
ibid. ib. — He is brought to the Bar of the
House and examined, ibid. 81 5. — The House
resolve that he is guilty of Blasphemy, ibid.
816. — Debates in the House whether he
should be put to Death, ibid. 817. — His
Sentence as finally resolved on by the House,
ibid. ib. — Neale's Account of the Proceed-
ings against him, ibid. 801 (note). — Account
of his Extravagances, ibid. 819 (note). —
Whitelocke's Argument that he ought not to
be put to death, ibid. 821. — Account of bis
life. Trial, and Examination, from the
Harleian Miscellany, ibid. 827.*'Hume's
Notice of him, ibid. 803 (note).
NEILE, Dr. Richard, Bishop of Lincoln. —
Proceedings in Parliament against him for
Words spoken by him in dissuading the
Lords from a Conference with the Commons
on the subject of Impositions, 12 Jac. 1,
1614, 2 vol. 865.-*He makes a Submission
in the House of Lords, ibid. 868.
NEVIL, Alexander, Archbishop of York. See
TresUiofi, Sir Robert,
KEVIL, Sir Edward. See Pole, Sir Geoffrey.
NEVILL, Sir Edward, Judge of C. P. 4 Will,
and Mary, 12 vol. 833, 1039, 1379, 13 vol.
1, 139. — He was made a Baron of the Ex-
chequer in 1 685, and was removed from the
Bench in 1 686 (2 Jac. 2), for refusing to
support the Dispensing Power, 12 vol. 261
(note). — At the Revolution he was restored
to the Bench, ibid. ib.
NEWBOLT, William.— Account of the Pro-
ceedings on his Trial with Edward Buttler
for High Treason, in publishing a Declara-
tion of James the Second, extracted from the
Harleian MSS. 15 vol. 1404.— They are both
found Guilty, ibid. 1406.
NICHOLL, Anthony. See HoUis, Denzii.
NICHOLLS, Sir Austin, Judge of C. P. 14
Jac. 1, 2 vol. 952.
NITHISDALE, William, Earl of. See Der-
toentwater, James, Earl of^lS vol. 761.
NIVEN, John.— His Trial in Scotland for using
slanderous expressions respecting the Duke
of York (afterwards James the Second), 32
Car. 2, 1680, 8 vol. 125. — He is found
Guilty, and sentenced to be hanged, but it
does not appear that the Sentence was exe-
cuted, ibid. 128. — ^Fountainhall*s Account of
this Case, ibid. 125 (note).
NOBLE, Richard.—His Trial with Mary Sayer,
and Mary Salisbury, for the Murder of John
Sayer, 12 Anne, 1713, 15 vol. 731. —Evi-
dence giv^ of attempts m^d^ by th^ Prisoners
to tamper with the Witnesses and Jury, ibid.
732. — ^Upon this Evidence the Jury are set
aside and another Jury called, ibid. 735. —
Evidence for the Prosecution, ibid. ib. —
Their Defence, ibid. 739. — Noble is found
Guilty, and Mary Sayer and Mary Salisbury
are acquitted, ibid. 745. — Noble moves in
arrest of Judgment, but his Objections are
overruled, ibid. 746.— His Address to the
Court before Judgment, ibid. ib. — He is
executed, ibid. 750. — His Dying Speech,
and an Account of his Conduct after his Con-
demnation, ibid. ib. — Observations by a
Student of the Inner Temple upon the point
of Law on which his Motion in Arrest of
Judgment was founded, ibid. 753.
NOEL, William, Counsel. — His Speech in
Defence of Richard Francklin on his Trial
for a Libel in the Craftsman, 17 vol. 662. —
His Speech as one of the Managers for the
House of Commons on the Trial of the Im«
peachment of Lord Lovat, 18 vol. 817.
Sir William, Judge of C. P. and Chief
Justice of Chester, 32 Geo. 2. — He delivers
the Judgment of the Court in the Case of
Stevenson, that the facts proved by the Spe-
cial Verdict amounted to Manslaughter only,
19 vol. 878.
NOLAN, Michael,Counsel.— His Argument on
shewing Cause against the Rule for a New
Trial in the Case of Governor Picton, 30 vol.
733. — His Argument of the Special Verdict
found at the Second Trial of that Case, ibid.
884.
NORBURY, John, Lord, Chief Justice of C. P.
in Ireland. See Toler, John, — His Charges
to the Juries on the Trials of several per-
sons for High Treason, in being concerned
in the Irish Insurrection, 28 vol. 746, 882,
1265.— His Charge to the Jury on the Trial
of Robert Emmett for being concerned in
the same Insurrection, ibid. 1168. — His
Charge to the Grand Jury of the County of
Tipperary assembled for the Trial of the
Caravats and Shanavests in 1811, 31 vol. *
414.
NORFOLK, Henry Howard, Duke of.— Pro-
ceedings in the House of Lords upon his
application for a Bill of Divorce, 3 Will, and
Mary, 12 vol. 883.— The Duchess petitions
to be heard before the Bill is received,
ibid. 885. — The House order that both par-
ties be heard by their Counsel at the Bar
as to the reception of the Bill, ibid. ib. — The
House resolve to receive it, ibid. 886. — ^The
Bill, ibid.ib. — Reasons on behalf of the Duke
for receiving the Bill, ibid. 888. — On the
reception of the Bill by the Lords, the
Duchess petitions for Particulars of the
Charge against her, ibid. 889.— The Duke's
Charge against the Duchess, ibid. ib. — Her
Answer, complaining that the Charge is
general and indefinite, ibid. 890. — ^The
Dnke deliy^rs a more particular Charge,
d4
GENERAL INDEX TO
ibid. 891.— Answer of the Duchess thereto,
ibid. 892. — Evidence is produced and
Counsel heard in support and in denial of
the Charge} ibid. 894. — Depositions of the
Witnesses in support of the Charge, vfiih
the Evidence or Witnesses on the part of
the Duchess to invalidate their Testimony,
ibid. 897. — Observations upon the Evidence
in support of the Charge published by the
Friends of the Duchess, ibid, 898 (note). —
The Bill is negatived on the second read-
ing, ibid. 928. — Burnet*s Account of these
Proceedings, ibid. 883 (note). — ^Proceedings
in an Action for Criminal Conversation with
the Duchess, brought by the Duke against
John Germaine, 4 Will, and Mary, 1692,
ibid. 927. — Speech of the Attorney General
for the Plaintiff, ibid. 928. — Evidence for the
Plaintiff, ibid. 929.— Evidence for the De-
fendant, ibid. 939. — ^Lord Holt's Charge to
the Jury, ibid. 945. — ^The Jury return a Ver-
dict for the Plaintiff with 1 00 Marks Damages,
ibid. 948. — Proceedings in Parliament on
the Duke's second Application for a Divorce,
12 Will. 3, 1700, 13 vol. 1283.— The Bill,
ibid. ib. — ^The House of Lords resolve to
receive only Evidence of facts occurring
since the rejection of the former Bill, ibid.
1286. — Evidence in support of the Bill, ibid.
1287. — Evidence against the Bill, ibid. 1305.
— Evidence in Reply, ibid. 1322. — ^The
House commit the Bill, ibid. 1327. — The
Duchess's Petition to the Commons on the
Bill being sent down to them, ibid. ib. —
Reasons for passing the Bill published by
the Duke, ibid. 1328. — Reasons of the
Duchess against the passing of the Bill, ibid.
1338. -^Proceedings in the House of Com-
mons, ibid. 1344. — ^The Duchess's Counsel
are heard, ibid. 1345. — Sir Thomas Powis's
Speech against the Bill, ibid, ib — Mr.Dodd's
Speech on the same side, ibid. 1352.^ Dr.
Pinfold's Speech on the same side,ibid. 1 353.
—-Mr. Serjeant Wright's Speech in its Sup-
port, ibid. 1355. ^Speeches of Mr. Nortbey
and Dr. Oldish on the same side, ibid. 1359.
—Sir Thomas Powis's Reply, ibid. 1361.—
The House go into a Committee on the
Bill, ibid. 1364, — ^The Duke's Counsel open
the Evidence for the Bill, ibid. ib. — The
Counsel against the Bill require further time
to make their Defence, which is refused,
ibid. 1366. — ^They offer to produce the De-
positions of the Witnesses for the Bill in the
House of Lords to shew a variance between
them and /their Evidence to the Committee,
ibid. 1367 — On this being refused the
Duchess's Counsel decline proceeding fur-
ther with their Case, ibid. 1368.— The Bill
is passed, ibid. 1370. — The Duchess after*
wards marries Sir John Germaine^ ibid.
1370 (note).
NORFOLK, Thomas Howard, Duke of (The
Father). — Proceedings against him for High
Treason, 38 Hen. 8, 1546, 1 vol. 451.— On
certain Charges being made against his Son,
Henry, Earl of Surrey, he is sent to the
Tower, ibid. 453. — His Letters to the King
and to the Lords, ibid. 456. — His Confession
and Submission, ibid. 457.— Burnet's Ac-
count of the Proceedings against him, ibid.
458. — A Bill of Attainder is passed against
him, ibid. 461.— A Warrant to behead him.
the next morning was sent to the Tower,
but the King dying in the night, it was not
executed, ibid, ib.-:— Bishop Thirleby's
Letter respecting him, ibid. 465. — ^The
Duke's Letter to the Lords of the Council
after his Examination in the Tower, ibid.
466. — He was Lord High Steward on the
Trial of Edward, Duke of Buckingham, ibid.
296. — He was one of the Commissioners for
the Trial of Sir Thomas More, ibid. 387. —
He was also Lord High Steward on the
Trials of Lord Dacres and Queen Anne
Boleyn, ibid. 408, 409.
NORFOLK, Thomas Howard, Duke of (The
Son).-- His Trial before the Lords at West-
minster for High Treason in assisting the
claim of Mary Queen of Scots to the Crown
of England, 14 Eliz. 1571, 1 vol. 957. —
Arrangements in Westminster Hall for the
Trial, ibid. ib. —The Indictment in English,
ibid. 959. — The same in Latin, ibid. 1035.
— He applies to the Court to allow him
Counsel, which is refused, ibid. 965.— He
pleads Not Guilty, ibid. 967. — His Address
to the Lords previous to the Case being
opened against him, ibid, ib.—- The Queen's
Counsel open the Charges against him, ibid.
968. — Examination of the Bishop of Ross
read, ibid. 975. — ^Letter of the Earl of Mur-
ray read, ibid. 979.— ^Letter from the Bishop
of Ross to the Queen's Mother (Anne
Boleyn), ibid. 983.— The Duke's Letter to
the Earl of Murray, ibid. 986 .^The Bishop
of Ross's Confession read, ibid. 992. —
Cavendish's Evidence, ibid. 997. — ^TheDuke
is found Gnilty, ibid. 1031. — Judgment is
passed upon him, ibid. ib. — His Address to
the Lords after Judgment is pronounced,
ibid. 1032, — His Execution, ibid. ib.
NORKOT, Jane.— Curious Narrative of the
Circumstances attending the discovery of her
supposed Murderer, found among the Papers
of Serjeant Maynard, 14 ?ol. 1324.
NORRIS, Henry.— His Trial with Mark
Smeton, William Brereton, and Sir Francis
Weston, for High Treason, in having Criminal
Conversation with Queen Anne Boleyn, 28
Henry 8, 1536, 1 vol. 417. — Smeton con-
fesses, and the others are found Guilty by the
Jury, and Sentence of Death is passed upon ^
them, ibid. ib. — They are executed, ibid.421.
NORTH, Sir Dudley. See London, City qf.
Prifchard, Sir William, — His Examination
before a Committee of Lords appointed
after the Revolution to inquire into the
Prosecutions of Lord William Russel,
Colonel Sidney, and otherS| 9 vol. 969. —
Roger North's Accovnt of the Disturb^
THE STATE TRIALS.
06
anc^s respecting his Election to the 0£5ce of
Sheriff for the City of London^ ibid. 187.
NORTH, Francis, Counsel, 6 vol. 520, 540,
880.
NORTH, Sir Francis, Chief Justice of C. P.
31 Car. 2, 6 vol. 1396, 7 vol. 312, 424, 609,
1527, 8 vol. 775, 9 vol. 7. — His Argument
on delivering his Opinion in the Exchequer
Chamber in the Case of Bafnardiston v.
Soames, against the Judgment of the Court
of King's Bench, 6 vol. 1092. — His
Narrative at the Council Board of his Exa-
mination of Bedlow at Bristol concerning
the Popish Plot, ibid. 1494.— -His Charge to
the Jury on the Trial of Nathaniel Reading
for attempting to suppress Evidence of the
Popish Plot, 7 vol. 307. — His Address to
Reading on passing Sentence upon him,
ibid. 309. — Resolution of the House of Com-
mons to impeach him, 8 vol. 211. — ^His
Charge to the Jury on the Trial of Colledge
for Treason, ibid. 710. — Burnet's Remark on
his Conduct on Colledge's Trial, ibid. 551
(note). — Sir John Havfles's Remark upon
him, 9 vol. 801.
————— Lord Keeper. — 'His
Speech to the Lord Mayor, Aldermen, and
Citizens of London, on the presentation of
their Petition respecting the Quo Warranto
against them, 8 vol. 1274. — Extracts from
his MSS. respecting the Popish Plot, pub-
lished by Sir John Dalrymple, 6 vol. 1497.
— Roger North's Defence of his refusal to
grant a fiat for a Writ of Error to reverse
Sir Thomas Armstrong's Outlawry, 10 vol.
121. — Doubts respecting the truth of Roger
North's Statement, that he interfered with
James the Second to put a stop to JefiPe-
ries's Severities in the West of England after
Monmouth's Rebellion, 1 1 vol. 306 (note).
NORTH, Roger, Counsel. See North, Francis,
9 vol. 522, 641, 653, 10 vol. 38, 559, 11 vol.
390. — He is one of the Counsel for the Pro-
secution on the Trial of Lord William
Russel, 9 vol. 594.— He is also of Counsel
for the Prosecution on the Trial of Algernon
Sidney, ibid. 840. — His Account of this Trial
in the " Examen," ibid. ib. (note). — His
History of the Motives for the Writ of Error
in the Case of Bamardiston against Soames,
14 vol. 719 (note). — His Account of the
Proceedings on the Impeachment of the Earl
of Danby, 11 vol. 614 (note).
Attorney General to the
Queen, 4 Jac. 2, 12 vol. 125. — His Examina-
tion by a Committee of the House of Lords
appointed in 1689 to inquire who were the
Advisers and Prosecutors of the Murders of
Lord William Russel, Colonel Sidney, and
others, 9 vol. 995.
NORTHAMPTON, Earl of.-His Speech on
the Trial of Henry Garnet for being concern-
ed in the Powder Plot, 2 vol. 247.— His
Case on an Information in the Star Chamber
for slanderous Words spoken of liim, ex*
tracted from Coke's Reports, 10 Jac. 1,1613.
ibid. 861. — Resolutions of the Judges in this
Case, ibid. 863.
NORTHAMPTON, Spencer, Earl of.— Pro-
ceedings against him, William Earl of De-
vonshire, Henry Earl of Dover, Henry Earl
of Monmouth, Charles Lord Howard of
Charlton, Robert Lord Rich, Charles Lord
Grey of Ruthven, Thomas Lord Coventry,
and Arthur Lord Capel, for absenting them-
selves from the House of Lords contrary to
an Order of the House, 18 Car. 1, 1642,
4 vol. 176.— The House of Lords send for
them, ibid, ib.— Their Answer, ibid. 177.^-
The Commons impeach them, ibid. 178. —
Mr. Hollis's Speech on delivering the Arti-
cles of Impeachment, ibid. ib. — Sentence
against them, ibid. 184.
NORTHAMPTON, William Parr, Marquis
of. See Norlfwmberland, John Dudley,
Duke of.
NORTHEY, Edward, Counsel, 13 vol. 1253-
— His Argument for the Plaintiff against
the King's Dispensing Power in the Action
against Sir Edward Hales for neglecting to
take the Oaths of Supremacy and Allegiance,
11 vol. 1187.— His Speech in the House of
Commons for the Duke of Norfolk, on the
Second Reading of his Divorce Bill, 13 vol.
1359.
NORTHEY, Sir Edward, Attorney General,
1 Ann, 14 vol. 531. — His Speech in Reply
for the Prosecution on the Trial of David
Lindsay for High Treason, ibid. 1018.— His
Speech for the Prosecution on the Trial of
John Tutchin for a Libel, ibid. 1105. — His
Argument in support of a Motion to amend
the Jury Process in that Case, ibid. 1140. —
His Speech as one of the Managers for the
Commons on the Trial of the Impeachment
of the Earl of Wintoun for High Treason,
15 vol. 833. — His Speech for the Prosecu-
tion on the Trial of Francis Francia for
High Treason, ibid. 906.
NORTHINGTON, Robert, Earl of. Lord
Chancellor, 5 Geo. 3. See Henley, Robert,
Lord. — He is appointed Lord High Steward
on the Trial of Lord Byron for the Murder
of Mr. Chaworth, 19 vol. 1178.
NORTHUMBERLAND, Henry Piercy, Earl
of. — Report of the Public Declaration of his
Treasons in the Star Chamber after his
Death; together with the Examinations of
several Persons respecting his Suicide, 27
Eliz. 1585, 1 vol. 1111.— Speech of the-
Attorney General (Popham) in the Star
Chamber, detailing the Earl's Treasons, ibid.
1115. — Speecli of the Solicitor General
(Egerton) on the same Subject, ibid. 1120.
— Speech of Sir Roger Manwood, Chief
Baron of the Exchequer, describing the
Manner of his Death and the Examinations
taken on a Coroner's Inquisition, ibid. 1122*
96
GENERAL INDEX TO
NORTHUMBERLAND, John Dudley, Duke
of. — ^His Trial in the House of Loi^s, with
William Parr, Marquis of Northampton,
and John Dudley, Earl of ^Warwick, for High
Treason, in asserting the title of Lady Jane
Grey to the Crown, 1 Mary, 1553, 1 vol.
765. — ^The Duke proposes two Questions of
Law to the Court, ibid. ib. — They all con-
fess the Indictment, ibid. 766. — They are
executed, ibid. 768. — ^The Duke disavows
his Religion on the Scaffold in hopes of a
Pardon, ib. ibid, and (note).
NORTON, Christopher.— Account of his Exe-
cution with John Norton for High Treason,
in being concerned in the Northern Re-
bellion, 13 Eliz. 1570, 1 vol. 1083.
NORTON, Sir Fletcher, Attorney General, 4
Geo. 3.— He exhibits an Information against
John Wilkes for a Seditious Libel in the
" North Briton," 19 vol. 1075, 1382.— His
Speech for the Prosecution on the Trial of
Lord Byron for the Murder of Mr. Cha-
worth, ibid. 1183.
Speaker of the House
of Commons, 19 vol. 1138.
NORWICH, Earl of. See Holland, Earl of .
NOTTINGHAM, Earl of. See Finch, Heneage.
NOY, William, Counsel. — His Argument in
the Court of King's Bench for Sir Walter
Earl, on the Return to a Habeas Corpus
sued out by him and others, in order to try
the legality of their Imprisonment for re-
fusing to lend on the Commission of Loans,
3 vol. 11.
' Attorney General, 8 Car. 1. —
His Speech in the Star Chamber on the
Prosecution of Henry Sherfield for breaking
a Window in a Church, 3 vol. 536. — His
Speech in the Star Chamber on the Prose-
cution of Prynn for writing ''Histrio-
mastix,'' ibid. 566. — Notices of him by
Howell, Kennett, and other Writers, ibid.
828 (note). — Lord Clarendon's Character- of
him, ibid. 834 (note).
NUDIGATE, Sebastian. See Middlemore,
Humphrey,
NUNDOCOMAR, Maha Rajah.— His Trial
at Calcutta for forging a Persian Bond, 15
Geo. 3, 1775, 20 vol. 923.— The Indictment,
ibid. 925. — Translation of the Bond charged
to be forged, ibid. 933. — Evidence for the
Prosecution, ibid. 934. — The Defence, ibid.
968. — Evidence for the Prisoner, ibid. 969.
— Chief Justice Irapey's Charge to the Jury,
ibid. 1063.— The Jury find him Guilty, ibid.
1 078. — His Trial with Joseph Fowke, Francis
Fowke, and Roy Rada Churn, at Calcutta,
for a Conspiracy against Warren Hastings,
Esq. Governor General of Bengal, and
others,' ibid. 1077". — Proceedings previous
to the Trial, ibid. ib. — Motion on behalf of
tie Goveroor General and Council to quash
the Prosecution as against Roy Rada Chum,
on the ground of his being a Sovereign
Prince and an Ambassador, ibid. 1107.—
Arguments of the Counsel for the Prosecu-
tion on opposing the Motion, ibid. 1112.—
Arguments of the Court' on refusing the
Motion, ibid. 1119. — ^The Indictment, ibid.
1143. — Evidence for the Prosecution, ibid.
1147. — ^They are acquitted^ ibid. 1186.—
His Trial Ivith Joseph Fowke and Roy lUda
Chum for a Conspiracy against Richard
Barwell, Esq. one of the Members of the
Supreme Council of Bengal, ibid. 1185.—
The Indictment, ibid. ib. — Evidence for
the Prosecution, ibid. 1187. — Fowke and
Nundocomar are found Guilty, RoylUda
Churn is acquitted, ibid. 1226.
GATES, Dr. Titus. See Fopish FbtJ-Bx%
NaiTative of the Popish Plot, 6 vol. 1429.—
His Evidence against Coleman, 7 vol. 15.—
Against Ireland and others, upon which he
was afterwards convicted of Perjury, ibid.
91. — ^Against Whitbread and othiers, ibid.
322.— Against Richard Langhom, ibid. 426.
— Against Wakeman and others, ibid. 619.
— Against Anderson and others, ibid. 837.
— Against Lord Castlemaine, ibid. 1070.
—Against Lord Stafford, ibid. 1320, 1347.
—He and Bed low exhibit Articles of Accu-
sation before the Privy Council against
Chief Justice Scroggs, 8 vol. 163.— His
Evidence against Fitzharris, ibid, 362.—
His Evidence on behalf of Colledge, ibid.
646. — Proceedings on a Writ of Inquiry in
an Action of Scandalum Magnatum, brought
by James, Duke of York (afterwards James
the Second), against him, 36 Car. 2, 1684,
10 vol. 125.— The Judgment in this Action
was reversed at the Revolution, ibid. 1327.
—The Writ of Inquiry, ibid. 129.— Evi-
dence of the Words spoken by him, ibid.
134.— Chief Justice Jeffei:ies*s Charge to
the Jury, ibid. 140. — The Jury assess the
Damages at 10,000/., ibid. 148.— His Trial
at the King's Bench for Perjury in his Evi-
dence on the Trial of Whitebread and
others, 1 Jac. 2, 1685, ibid. 1079.— He
challenges a Juror peremptorily, but his
Challenge is not allowed, ibid. 1080.— The
Indictment, ibid. 1082. — Speeches of the
King's Counsel on opening the Case against
him, ibid. 1089. — Evidence against him,
ibid. 1092.— His Defence, ibid. 1135.— He
urges that the Record of the Conviction and
Attainder of Whitebread and others is con-
clusive Evidence of the Facts therein stated,
and that those Facts cannot be averred to
be false against it, ibid. 1136.— The Court
hold otherwise, ibid. 1137.— Evidence for
the Defence, ibid. 1140.— Repl/ of the
King's Counsel, ibid. 1 172.— Evidence in
reply, ibid. 1175. — Oates sums up his En-
dence, ibid. 1191.— He objects to the Evi-
dence of Papists against him, ibid. 1192.—
The Court decide that a Papist is a coffl-
petent Witness, ibid, 1193,— The Solicitor
THE STATE TtllALS.
97
General sums up the Evidence in reply for
the Grown, ibid. 119^9. — Chief. Justice
Jefferies's Charge to the Jury, ibid, 1210. —
The Jury find him Guilty, ibid. 1227.—
His Trial on the Second Indictment for
Perjury, 1 Jac. 2, 1685, ibid., ib. — ^The
Indictment, ibid. ib. — ^The Speeches of the
Counsel for the Prosecution, ibid.' 1239. —
Evidence against him, ibid. 1240. — His De-
fence, ibid. 1281 . — Evidence for the Defence,
ibid. 1285.—- He sums up his Evidence, ibid.
1288. — ^The Solicitor General replies, ibid.
1291. — Chief Justice Jefferies's Charge to
the Jury, ibid. 1298. — The Jury find him
Guilty, ibid. 1309. — He makes Objections
- to both Indictments in aiTest of Judgment,
• ibid. 1311. — The Court overrule the Objec-
tions, ibid. 1312. — Judgment against him
on both Indictments, ibid. 1315. — Particu-
lars of his Application to the House . of
Lords, after the Revolution, for a Reversal
of these Judgments, ibid. 1317. — The Judg-
ments are affirmed, ibid. 1326.— Burnet's
Character of him, 6 vol. 1407.
O'BRIEN, Dennis, See Thanet, SackvUle,
Earl of ,
OCLE, Thomas de. ^ee Gttmej/y William de,
O'COIGLY, James.~His Trial with Arthur
O'Connor, John Binns, John Allen, and
Jeremiah Leary for High Treason, be-
fore a Special Commission of Oyer and
Terminer, held at Maidstone, 38 Geo. 3,
1798, 26 vol. 1101.— Mr. Justice Buller's
Charge to the Grand Jury, ibid. 1192. —
The Grand Jury return true Bills against
them, ibid. 1197. — Caption and Indictment,
ibid. 1202. — Counsel for the Crown and for
the Prisoners, ibid. 1218. — Application on
the part of the Prisoners to the Court, com-
plaining of an attempt made to excite a
Prejudice against them in the minds of the
Jury, ibid. 1219. — Affidavit in support of
the Application, ibid. 1223. — Objections to
Jurors tried by Triers, ibid. 1227-1230. —
The Counsel for the Prisoners object to the
Crown's right to challenge without cause,
ibid. 1231. — Mr. Scott's Argument in sup-
port of the Objection, ibid. ib. — ^The Court
d^ide in favour of the Right of the Crown,
ibid. 1240. — ^The Attorney General's Speech
for the Prosecution, ibid. 1245. — Evidence
for the Prosecution, ibid. 1266. — Mr.
Pluroer^s Speech in Defence of O'Coigly
and O'Connor, ibid. 1375. — Mr. Gurney's
Speech in Defence of Birnis, 27 vol. 1 . —
Mr. Fergusson's Speech in Defence of Allen,
ibid. 16. — Mr. Scott's Speech in Defence of
Leary, ibid. 26. — Evidence for the Prisoners,
ibidi. 27-— Mr. Erskine's Evidence as to the
Chai^aater of O'Connor, ibid. 38. — Mr. Fox's
Evidence to the same effect, ibid. 41. — Mr.
Sheridan's Evidence, ibid. 45. — Mr. Dallas's
Speech on summing up the Evidence for
the Prisoners, ibid. 53. — ^The Attorney-
. Gene^l's R^ply, . ibid, 95^,— Mr, Justice
VOL, XXXIV,
Buller's Charge to the Jury, ibid. 125. —
The Jury find O'Coigly Guilty, and acquit
the other Prisoners, ibid. 138. — Mr. Justice
Buller's Address on passing Sentence upon
O'Coigly, ibid. 139.— Life of O'Coigly, with
Observations on his Trial, ibid. 141. — His
Conduct previous to and at his Execution,
ibid. 247 ^Trial of the Earl of Thanet and
others for a riotous attempt to rescue Arthur
O'Connor at the close of his Trial, ibid. B21.
O'CONNOR, Artlmr. See OCoigly, Jmrm,
OGILVIE, James, Lord. See Spotiswood, Sir
Robert.
OGILVIE, John (a Jesuit). — Proceedings
against him for High Treason . at Glasgow,
13 Jac. 1, 1615, 2 vol. 883.— His Exami-
nation at Glasgow, ibid. ib. — Commission
issued to try him, ibid. 885. — His Answers
to the Questions proposed to him respecting
the temporal and spiritual power of the
Pope, ibid. 886. — Indictment against him,
ibid. 887. — His Defence, ibid. 891.— He is
found Guilty and sentenced to be hanged,
ibid, 897. — Account of his Execution, ibid.
898.
OGILVIE, Patrick. See Nairn, Catharine.
OKEY, Colonel John, 5 vol. 1301. See
Regicides,
OLDCASTLE, Sir John. See Cobham, Lord.
OLIPHANT, John.— His Trial with others,
at Edinburgh, for drinking the health of the
Pretender and cursing the King) 1 Geo. 1>
1715, 17 vol. 763.— The Indictment, ibid.
764. — Information for the King's Advocate,
ibid. 766. — Information for the Panels, ibid.
770. — ^The Court find the Libels relevant,
ibid. 777. — Evidence for the Prosecution,
ibid. 778. — Verdict of the Assize, ibid. 779.
— Sentence of the Court, ibid. 780.
ONEBY, Major John.— His Trial at the Old
Bailey for the Murder of William Gower,
12 Geo. 1, 1726, 17 vol. 29.— The Indict-
ment, ibid. ib. — Evidence against him^ ibid.
31. — Evidence for him, ibid. 34. — The Jury
find a Special Verdict, ibid. 36. — Serjeant
Darnell's Argument of the Special Verdict
in the Court of King's Bench for the Prose-
cution, ibid. 38. — Serjeant Eyre's Argument
for the Prisoner, ibid. 39. — ^Judgment of the
Court on the Special Verdict, that the facts
found constitute Murder, ibid. 41. — Chief
Justice Raymond's Argument on delivering
the Judgment of the Court on the Verdict,
ibid, ib.— Sentence of Death is passed upon
him, but he commits Suicide in Newgate,
ibid. 55. — Narrative of his Life, ibid. 56.
ONSLOW, Arthur. — His Case upon an Appeal
in the House of Lords, brought against him
by Sir Nicholas Stoughton, 6 vol.1134.
ONSLOW, Mr.— His Speech in the House of
Lords as one of th^ Managers for the Housq
H
»8
GENERAL INDEI TO
of Commons on th« Trial of the Impeoch-
ment of Lord Chancellor Macclesfield, 16
vol. 895.
ONSLOW, Deozil.-^His Case on an Action
brought by him against the Sheriff of Surrey
for a False Return of Members to serve in
Parliament for that County, 14 toI. 707
(note).
ONSLOW, Lord, f^ee Arnold, Edward.
ORFORD, £dward, Bail of. See Somerh
John, Lard,
ORLETON, Adam de, Bishop of Hereibrd.-—
He is accused of Treason in taking Arms
against the King, 16 £dw. 2, 1323, 1 toI.
39. — He pleads his Privilege as a Minister
of Holy Church, and that he ought not to
answer tvithout leave from the Archbishop
of Canterbury, ibid, ib.— The Archbishop
and his Suffragans intercede for him, ibid,
ib. — He is again summoned to answer,
"When the Archbishops and other Churchmen
take him forcibly from the Bar, ibid, ib.—
The King prefers a Bill of Indictment
against him to tlie Grand Jury of Hereford-
shire, and, on its being found, seizes on his
Temporalities, ibid. ib.->^His Temporalities
are restored to him by Edward the Third,
ibid. 40. — He moves in Parliament that
King Edward the Second should be deposed,
ibid. 47.*^He is one of the Deputation from
the Parliament to resign their Homage and
Fealty to Edward the Second, ibid. 49.
ORMISTOUN, the Laird of. See Darrdey,
Bentjy Lord,
ORMOND, James, Duke of.— Articles of
Impeachment against him for High Treason
in adhering to the Pretender, and holding
Correspondence Vith the French Govern-
ment, 1 & 2 Geo. 1, 1715, 15 vol. 1007.-—
On his not appearing to Answer, a Bill of
Attainder is passed against him, ibid. 1012.
—He passes the rest of his life abroad, in
adherence to the Pretender, ibid. 1014.
ORR, William. See Pmcrfjr, Peter. — Account
of the Proceedings in Ireland against him,
under the Irish Insurrection Act, for ad-
ministering unlawful Oaths, 37 Geo. 3, 1797,
26 vol. 901.— Arguments of his Counsel in
arrest of Judgment, upon a Verdict of Gnilty
being returned, ibid. 909.-~The Objections in
arrest of Judgment are overruled, and Sen-
tence of Death is passed upon him, ibid.
914.— Trial of Peter Finerty for a Libel, in
certain Remarks upon this Trial, and the
Execution of the Sentence against Orr, ibid.
923.
ORRERY, Earl of.— Proceedings against him
on an Impeachment by the Commons for
High Crimes and Misdemeanours, 21 Car.
2, 1669s 6 vol. 913.— Debate in the House
of Commons upon the Charges, ibid. ib. —
He is ordered into the custody of the Ser-
}eant-at-Arms; ibid. 915.— His Defence in
tht House of Commons, ibid. ib. — ^The
House resolve that the Aiccusation against
bim be left to be prosecuted at law, ibid.
92a'^No further Proceedings appesr to
have been bad, ibid. ib. (note).
ORTON, Henry. See Conxion, Edmund.
OSBALDESTON, Lambert See WUUama,
John, Buhop qf Lincoln.
OSBORNE, Sir Thomas. See Dattby, Thomas,
Earl of. — His Speech in the House of Com-
mons in the Debate upon the Impeachment
of Lord Clarendon, 6 vol. 837.:-^Bumet's
Notice of him, ibid. ib. (note).
OVERBURY, Sir Thomas.— Trial of his Mur-
derers, 2 vol. 91 1 . — ^Trial of Richard Weston,
ibid, ib.— Trial of Anne Turner, ibid. 930.
—Trial of Sir Jervis Elwes, ibid. 935. —
Trial of James Franklin, ibid. 947.— Trial
. of Sir Thomas Monson, ibid. 949.— Trial of
the Countess of Somerset, ibid. 951.*— Trial
of the Earl of Somerset, ibid. 965.
OWEN, John, otherwise Collins. Proceed-
ings against him for Treason in declaring
the Pope's Supremacy, and maintaining
that it would be lawful to kill the King/
if excommunicated by the Pope, 13 Jac. 1,
1615, 2 vol. 879.— He is found Guilty by
the Jury, ibid. 882. — ^The Court unani-
mously hold that the Offence amounts to
Treason, ibid, ib; — Judgment is given
against him, ibid. 884.
OWEN, Dr. John, Bishop of St. Asiapk See
Twdoe Bi$hofA.
OWEN, Sir John. See Holland, Earl of.
OWEN, Dr. Morgnn, Bishop of Llandaff. See
Twfhe Bitbops.
OWEN, William.— His Trial for publishing a
seditious Libel, upon a Prosecution by the
Attorney General, at the suggestion of the
House of Commons, 26 Geo. 2, 1752, 18
vol. 120a,— The Information, ibid. 1204. —
Speech of the Attorney General for the Pro-
secution, ibid. 1220. — Evidence for the
Prosecution, ibid. 1 222. — Mr. Ford's Speech
in his Defence, ibid. 1223. — Evidence to
the Character of the Defendant, ibid. 1227.
—Mr. Pratt sums up the Evidence for the
Defendant, ibid. ib. — The Jury acquit bim,
ibid. 1228. — Lord Mansfield^ in delivering
the Judgment of the Court against the
Motion for a new Trial in the Case of the
Dean of St. Asaph, says that the Report of
this Trial in the State Trials is incorrect, 21
vol. 1038.
OWENS, Abel. See Kidd, dptmn WiUiam.
OXFORD AND MORTIMER, Robert, Earl
of. See EM^, JMer^.— Proceedings in
Parliament against bim upon an Impeach*
ment for Higli Treason and other High
Crimes and MtsdemeammTS, 8 Geo. 1 , 1 717,
1 5 vol. 1045. — Connntssion to Lord Ghta-
^eilor Cowper to be Lord High Ste<mffd,
THE STATS TRIAIS.
Oft
ibid. 1050.^-The Articles of Impeachment,
ibid. 1052. — His Speech m the House of
Lords on the Motion for his CommitmeDt,
ibid. 1084.<— Further Articles of Impeach-
meot, ibid. 1085. — His Answer, ibid. 1103.
—Replication of the House of Commons,
ibid. 1158.— Mr. Hampden's Speech for the
Commons, ibid. 1160. — ^The Lords resolve
that the Commons be not admitted to pro-
ceed upon the Articles for Crimes and Mis-
demeanours till Judgment is given upon the
Articles for High Treason, ibid." 11 65. —
Paper delivered by the Commons at a Con-
ference between the two Houses, containing
their Reasons against this Resolution, ibid.
I166.*-The Lords resolve to adhere to their
Resolution, ibid. 1168^ — ^Reasons of the
Lords for the maintenance of their Resolu-
tion, ibid. 1169.^ — After disputes upon this
subject, the Lords resolve to proceed pre-
sently with the Trial, ibid. 1174. — ^Form of
Proclamation adopted by the Lords on the
aoDp^ppearance of the Commons to make
good their Impeachment, ibid. ib. — ^He is
unanimously acquitted, ibid. 1176.-— Swift's
Character of him, ibid. 1045 (note).^ — ^Lord
. Bolingbroke^s Opinion of him, ibid. 1047
(note). — Bnmet's Account of his Advance-
ment* to the Peerage, ibid. 1048 (note)« —
Preamble to his Patent, composed by Svrift,
ibid. 1049 (note).
PAGE, Francis, Counsel. — His Argument in
the Court of Queen's Bench for the Discharge
of the Aylesbury Men, on their Commitment
by tlie House of Commons for a Breach of
Privilege, 15 vol. 850. — ^The House order
him into the Custody of the Serjeant-at-
Arms for arguing that Case, ibid. 808.
■■ Sir Francis, Judge of K. B. 5 Geo. 1,
15 vol. 1324, 17 vol. 160.— His Charge to
the Jury on the Trial of William Hales for
Forgery, 17 vol. 203. — His Charge to the
Jury on the Trial of John Huggins for
Murder, ibid. 354. — His Charge to the Jury
on the Trial of Thomas Bambridge for
Murder, ibid. 394.
PAIN, William. See Ttwmj^Wj Natkamel.
PAINEy Thomas. — His Trial on an ex»officio
Information, in the Court of King's Bench,
for a Libel, contained in the Second Part of
the Rights of Man, 33 Geo. 3, 1792^ 23 vol.
357.— 'The Information, ibid. ib. — Counsel
for the Crown and for the Defendant, ibid.
380. — Speech of the Attorney General for
the Prosecution, ibid. 400.-rPaine's Letter
to the Attorney General, from Paris, on the
subject of this Prosecution, ibid. 397, 404.—
Evidence for the Prosecution, ibid. 400. —
Mr. Erdtine's Speech for the Defendant,
ibid. 410.— The Jury stop the Attorney
General's Reply, and return a Verdict of
Guilty, ibid. 472.^His Letter to the People
ol France, 24 vol. 495.
PALMER, Sir Geoflfrey, Attorney General,
12 Car. 2, 6 vol. 971; 983, 6 vd. 733, T76.
—He was named in the GommiKuoh for the
Trial of the Regicides, 5 vol. 985. — ^His
Speech for the Prosecution on the Trial of
John James, one of the' Fifth Monarchy
Men, for Hish Treason, 6 vol. 77.-<-Hif
Speech for the Prosecution on the Trial of
Sir Henxy Vane, ibid. 148.
PALMER, Roger. See Caitlmame, liogtr,
Barlof.
PALMER, Sir Thomas. See Qotei, /Sir JeAit.
PALMER, Thomas Fyshe.— His Trial before
the Circuit Court of Justiciary at Perth for
Sedition, 33 Geo. 3, 1793, 23 vol. 237.--The
Indictment, ibid. ib. — His Counsel object
to the Indictment on the ground of a Mis-
nomer, ibid. 244. — ^The Court overrule the
Objection, ibid. 252. — Mr. H^gart's Ar|:u-
ment against the Relevancy of the Indict-
ment, ibid. 255. — Mr. Maconochie's Argu-
ment on the other side, ibid. 282. — ^Xne
Court decide that the Indictment is relevant,
ibid. 290^-^Evidence for the Prosecution,
ibid. 299. — Evidence for the Defence, ibid.
329. — Mr. Burnett's Speech for the Prose*
cution, ibid. 331. — ^Mr. Clarke's Speech for
the Defence, ibid. 339. — ^The Court sum up
Um Evidence, ibid. 388. — ^Tbe Jury find bim
Guilty, ibid. 371 < — He is sentenced to
Transportation for seven yean, ibid. 372<-^
Proceedings in the House of Commons on
the presentment of a Petition from him, ibid.
360 (note). — Accounts of him in various
contemporary Publications, ibid. 248 (note),
ibid. 378. — ^Address by the Society for Con-
stitutional Information to him after his Sen-
tence, 24 vol. 586. — His Letter to the Chair-
man of the Society in answer thereto, ibid.
56*7.
PALMER, Mr.— His Speech a^ one of the
Managers for the Commons, in the House
of Lords, on opening some of the Articles
of Impeachment against Lord Chancellor
Maoclesfield, 16 vol* 900.
PANTALEON SA, Don, Brother of the Por-
tuguese Ambassador.— Proceedings against
him for Murder, 6 Car.. 2, 1654, 5 voL 481.
—Account of the Riot and Tumult, occa-
sioned by him and his followers, at the New
Exchange, ibid. ib. — ^Wbitelocke's Narrative
of the Transaction, ibid. 464. — He is tried
with two of his Fdlowers hj a Special Com-
mission of Oyer and Terminer, ibid. 466.—-
He pleads ihaX he was one of the Suite of
the Portuguese Ambassador, and that, in
his absence, he had a Commission to be
Ambassador himself, ibid, ib^— The Court
reject his Plea of Privilege, ibid. ib. — He
pleads Not Guilty, ibid. ib. — The Jury find
them Guiltjr, and they are sentenced to be
hanged, ibid. 467.— His Petition to Crom«
well, ibid. 493. — ^He is beheaded, ibid. 479.
— Dr. Zouch's Account of these Proceed'i
ings, ibid. 482. — Another Account, ibid.
483.— Extracts from Thurloe's State Pape^
relating to the IVansaction, ibid, 488.
R 2
100
GENERAL INDEX TO
PAPILLON, Thomas; See Pritchard^ Sir
WiUiam, .
PARHAM, Sir Edward. See Markham, Sir
Gr^iu
PARK, James Allan, Counsel, 29 vol. 423,
503, 31 vol. 1, 271.— His Speech for the
Prosecution on the Trial of Swallow and
« others for Burglary, under the Special Com-
mission at York in 1813 for the Trial of the
. Luddites, 31 vol. 972. — ^His Speech for the
Prosecution on the Trial of Mellor and
others, under the same Commission, for the
Murder of Mr. Ilorsfall, ibid. 998.--His
Speech for the Prosecution on the Trial of
John Schofield, under the same Commis-
sion, for maliciously shooting at John
Hinchliffe, ibid. 1035.— His Speech for the
' Prosecution on the Trial of John Eadon,
under the same Commission, for administier-
' ing unlawful Oaths," ibid. 1 064.— His Speech
for the Prosecution on the Trial of James
' Haigh and others, under the same Codq-
■ mission, for riotously destroying a Mill,
ibid. 1093. — His Speech for the Prosecution
on the Trial of Job Hey, under the same
Commission, for a Burglary, ibid. 1137.
PARKER, John, Baron of the Exchequer
during the Protectorate, 5 vol. 946.
PARKER, Thomas, Counsel. See Mocc/es-
Jield, Thomas, Earl of. — His Argument for
• the Defendant in the Court of King's Bench,
' on shewing cause against the amendment of
• the Jury Process, in the Case of Tutchin, 14
vol.1173.
Sir Thomas, Queen's * Serjeant.—
His Speech as one of the Managers for the
House of Commons, in support of the Fourth
Article of Impeachment on the Trial of Dr.
Sacheverel, 15 vol. 169. — His Speech in
Reply to the Defence on the Fourth Article,
ibid r 447. — Burnet says, that he distinguish-
ed himself above all on that Occasion, ibid.
11 (note). — ^He was appointed Chief Justice
of K*. B. on the death of Lord Holt, ibid.
14 (note).
Thomas, Lord, Chief Justice of the
Queen's Bench, 9 Ann, 15 vol. 731. — His
Charge to the Jury on the Trial of Dam-
maree for High . Treason, ibid. 596. — His
Charge to the Jury on the Trial of Francis
- Willis for High Treason, ibid. 646.— His
Charge to the Jury on the Trial of Purchase
for High Treason, ibid. 684. — His Speech
on delivering his Opinion in favour of the
King's Prerogative respecting the Marriage
and Education of the Royal Family, ibid.
1222.
PARKYNS, Sir William.— His Trial for High
Treason in being concerned in the Assassi-
' nation Plot, 8 Will. 3, 1696, 13 vol. 63.—
• The Indictment, ibid. 66. — He pleads Not
Guilty, ibid. 70.— He applies to the Court
' to postpone the Trial, on the ground that
he has not had time to collect his Witnesses^
ibid, ib.— The Court refuse the Application,
ibid. 72.— He applies for Counsel, suggest-
ing the late Act of Parliament (7 Will, and
Mary, c. 3), ibid, ib.— The Court refuse the
Application, on the ground that the Act of
Parliament had not come into operation,
ibid, ib.— Speech of the Attorney General
for the Prosecution, ibid. 77. — Evidence for
the Prosecution, ibid. 85.— Lord Holt sug-
gests to him the material points of the
Evidence for the Prosecution, and he
answers them seriatim, ibid. 108. — ^He ob-
jects that there is but one Witness to prove
his design to assassinate the King, ibid.
112. — The Court hold that, as the design to
assassinate the King v?as merely an Overt
Act of compassing the King's Death, and as
there were Witnesses to other Overt Acts of
the same species of Treason, . the Evidence
was sufficient, ibid. ib. — Reply of the
Solicitor General, ibid. 119.— Lord Holt's
Charge to the Jury, ibid. 126. — ^The Jury
find him Guilty, ibid. 133. — Judgment is
passed upon him and Sir John Freind, ibid.
136. — Paper delivered by him to the Sheriffs
at the place of Execution, ibid. 138. — An
Account of what passed at his Execution,
ibid. 406. — Proceedings against Mr. Collier
and two other Non-juring Clergymea for
absolving him and Sir John Freind at the
place of Execution, ibid. 405. — Mr. Collier^s
Defence of his Conduct in giving him Abso-
lution, ibid. 408. — Declaration by the Arch-
bishops, and certain Bishops, censuring the
Conduct of the Clergymen at his Execution,
ibid. 411.— Mr. Collier's Reply to the
Declaration, ibid. 413.
PARR, Catharine, Queen Dowager of Henry
the Eighth.— She marries Lord Seymour of
Sudley, 1 vol. 484.
PARR, William, Marquis of Northampton.
See Northumberland^ John Dudley, Duke of.
PARRIS, alias PARRY, Charles. See ^w-
derson, Lionel.
PARROT, Hugh. See Kidd, Captain WUium.
PARRY, John. See Vinty John.
PARRY, William>-His Trial for High Trea-
son in attempting to kill the Queen, at the
instigation of the Papists, 26 Eliz. 1584; 1
vol. 1095. — He is arraigned, and pleads
Guilty, ibid. 1097-1098.— The Evidence is
produced against him notwithstanding his
Confession, ibid. 1098. — His Confession
Previous to his Trial, ibid. 1099. — His
•etter to the Queen, ibid. 1104. — Letter to
him from the Cardinal di Como, ibid. 1105.
— His Letter to the Earl of Leicester and
the Lord Treasurer, prajring ^ for Pardon,
ibid. 1106. — He offers to withdraw his Con-
fession, and says that it was extorted from
him, ibid. 1107. — Chief Justice Wray passes
Sentence of Death upon him, ibid. 1110.-^
He is executed in Palace Yard, Westminsteri
ibid, 1112,
THE STATE TRIALS.
101
PATE, John. See Hastingt, Henry,
PATERSON, James. See Black, Bavid.
PAUL, William. See Walker, Thomas.
PAULETT, Lord William.— His Speech in
support of the Second Article of Impeach-
ment against Dr. Sacheyerell, 15 vol. 151.
PEACHAM, Edmund.— He is indicted for
Treason for treasonable Doctrines contained
in a Sermon not preached, but ivritten by
him, and found in his Study, 12 Jac. 1,
1615, 2 vol. 869. — He is tried and found
Guilty, but not executed, ibid. ib. — Inter-
rogatories exhibited to him, ibid. ib. — He is
examined upon the Interrogatories with the
Torture, ibid. 871. — Sir Francis Bacon's
Letters to the King respecting this Case,
ibid. ib. — Peacham's second Examination
in the Tower, ibid. 877. — Paper in the
hand-writing of James the First, discussing
whether the Facts in Peacham's Case
amounted to Treason, ibid. ib.
PEACHELL, Dr. John, Vice-Chancellor of
the University of Cambridge. See Cam-
bridge University, — Proceedings against him
and the University of Cambridge before the
Ecclesiastical Commissioners appointed by
James the Second, for refusing to admit a
fienedictine Monk to the degree of Master
of Arts, 3 Jac. 2, 1687, 11 vol. 1315.—
Summons from the Commissioners, ibid.
1324. — His Examination, ibid. 1325. — ^The
Answer of the Univeraity, containing their
Reasons for their Conduct, ibid. 1326. —
His second Examination, ibid. 1329. — Sen-
tence of Deprivation is passed upon Dr.
Peachell, ibid. 1335.— The Sentence, ibid.
1339. — Burnet's Account of these Proceed-
ings, ibid. 1315 (note).
PEARSALL, Oliver. See Wdker, Thomas.
PECK, Edward, Serjeant-at-Law. — He is
ordered into the custody of the Serjeant-at-
Arms by the House of Commons for plead-
ing on an Appeal in the House of Lords
against a Member of. the House of Commons,
6 vol. 1146.
PECKHAM, Mr. Counsel.— His Argument
for the Defendant in Error in the Case of
Fabrigas v. Mostyn, 20 vol. 207.— His
Speech in Defence of De la Motte on his
Trial for High Treason, 21 vol. 778.
PELTIER, Jean.— His Trial upon an ex-
ofiBcio Information for a Libel on Napoleon
Buonapar^, when First Consul of the French
Republic, 43 Geo. 3, 1803, 28 vol. 529.—
Counsel for the Prosecution and for the
Defendant, ibid. ib. — The Information, ibid.
530. — Speech of the Attorney General for
the Prosecution, ibid. 547.— -Evidence for
the Prosecution, ibid. 558.— Mr. Mac-
intosh's Speech for the Defendant, ibid.
563. — Reply of the Attorney General, ibid.
608.— Lord Ellenborough's Charge to the
Jury, ibid. 616.— The Jury find him Guilty,
hwt in consequence of the renewal of the
War between France and Great Britain, he
is not brought up for Judgment, ibid. 619.
PEMBERTON, Francis, Counsel, 20 Car. 2,
1668. — He is of Counsel for the Prosecution
on the Trial of Messenger and others for
Treason, 6 vol. 880.
Serjeant-at-Law, 27
Car. 2. — He is ordered into the custody of
the Seijeant-at-Arms by the House of Com-
mons for a Breach of Privilege in pleading,
by Order of the House of Lords, on an
Appeal brought in that House against a
Member of the House of Commons, 6 vol.
1146.
Sir Francis, Judge of K. B.
31 Car. 2. — He presides at several of the
Trials for the Popish Plot, 7 vol. 330, 428,
610, 771, 831, 889, 965.— Burnet says, that
he lost his Seat in the Court of King's Bench
by means of Chief Justice Scroggs, 8 vol.
245 (note). — On being displaced from his
Seat on the Bench, he returns to his
Practice at the Bar, 9 vol. 580 (note).
'• Chief Justice of
K. B. 33 Car. 2.— On Sir William Scroggs's
removal, he is made Chief Justice, 8 vol.
245 (note). — His Charge to the Jury on the
Trial of Fitzharris, ibid. 385. — Sir John
Hawles says, that the Evidence was unfairly
summed up by him on that Trial, ibid. 438.
— His Charge to the Jury on the Trial of
Dr. Oliver Plunket, ibid. 488. — His Address
on passing Judgment upon Plunket, ibid.
492. — IJis Charge to the Grand Jury pre-
vious to preferring the Indictment against
the Earl of Shaftesbury, ibid. 760.— His
Charge to the Jury on the Trial of Nathaniel
Thompson and others for slandering the
Evidence of the Popish Plot, ibid. 1366.—
His Charge to the Jury on the Trial of
Count Coningsmark and others for Murder,
9 vol. 77. — His Charge to the Jury on the
Trial of Lord Grey of Werk and others for
conspiring to debauch Lady Henrietta
Berkeley, ibid. 178. — Burnet says, that not
being satisfied to give his Judgment for the
Crown in the Case of the Quo Warranto
against the City of London, he was removed
to the Common Pleas, upon North's Ad-
vancement, before the final Judgment of the
Court in that Case was delivered, 8 vol,
1039 (note).
Chief Justice of
C. P. 35 Car. 2.— His Charge to the Jury
on the Trial of Thomas Walcot for High
Treason in being concerned in the Rye-
House Plot, 9 vol. 558. — His Charge to the
Jury on the Trial of Lord William Russel,
ibid. 635. — His Charge to, the Jury on the
Trial of John Rouse, ibid. 653.— He is
taken from the Bench shortly after the Trial
of Lord William Russel, ibid. 580 (note).
Serjeant-at-Law,
36 Car. 2.~He is one of the Counsel in the
Lady Ivy's Case,. 10 voL 567.— He is onft
1<»
GENERAL INDEX TO
of ibe Coonsel for the Seven Bisbops, 12
▼ol. 202. — He 18 ordered to attend in the
House of Commons to answer lor his con-
cnmog in the Judgment of the Court of
King's Bench in the Case of Jay and Top-
ham, ibid. 822. — His Beasons for his Judg-
ment in that Case, ibid. 825, 827.— ^The
House of Commons resolve that he was
Guilty of a Breach of Privilege by concur-
ring in that Judgment, ibid. 834. — He
appears to have been assigned as Counsel
to Sir John Fenwick in 1696, 13 vol. 543.
—Burnet's Notice of his Character, 8 vol.
245 (note). — He filled three judicial Offices,
was removed from each, returned twice to
practice at the Bar, and died at last a Puisne
Serjeant, 12 vol. 260 (note).
I>BMBROKE, Philip, Earl of.— His Trial at
Westminster, in the Court of the Lord High
Steward, ibr the Murder of Nathaniel Cony,
30 Car. 2, 1678, 6 vol. 1309.— His Petition
to the House of Lords for a Trial, ibid. ib.
— His Petition is refened to a Committee
of Privileges, ibid. 1312. — Report of the
Committee upon the method of bringing
him to Trial, ibid. 1313. — A Special Com-
mission of Oyer and Terminer is issued,
under which an Indictment is preferred and
found against him, ibid. 1315.— The Indict-
ment is removed into the House of Lords
by CertioTari, ibid. ib. — ^His Trial, ibid.
1316.— Lord Nottingham, then Lord Finch,
is appointed Lord High Steward, ibid. 1317.
— ^The Lord High Steward's Address to the
Prisoner on his being brought to the Bar,
ibid. ib. — ^The Indictment, ibid. 1320. —
Speech of Sir William Jones, Attorney
General, for the Prosecution, ibid. 1321.^-
Evidence for the Prosecution, ibid. 1323. —
Evidence for the Defence, ibid. 1338. —
Reply of the Solicitor General, Sir Francis
Winnington, ibid. 1343.— The Lords acquit
him of Murder, but find him Guilty of Man-
slaughter, ibid. 1349.— He prays the Privi-
lege of the Statute, and is aischarged, ibid.
1350. — Extracts from the Journals of the
House of Lords respecting him, ibid. 1309
(note).— He is committed to the Tower by
the King for Blasphemy, ibid. ib. — Upon
committing a violent Assault upon Philip
Ricaut, he is compelled to give Security in
the House of Lords for keeping the peace,
ibid. 1311 (note). — Proceedings in the
House of Lords on his Quarrel with the
Earl of Dorset, ibid. 1312 (note).
PENGELLY, Thomas, Seijeant-at-Law.— He
is said to have been a natural Son of Richard
Cromwell, 6 vol. 140 (note).— His Speech
for the Prosecutioh on the Trial of Chris-
topher Layer for High Treason, ibid. ib.
■ ; Sir Thomas, King's Serjeant. —
His Speech in Reply for the Commons on
the Trial of the Impeachment of Lord
Chancellor Macclesfiela, 16 vol. 1330.
■ Chief Baron of the
Exchequer, 3 Geo. 2»— His Charge t6 the
Jury on the Trial of William Hales for
Forgery, 17 vol. 219.— His Charge to tho
Jury on the Trial of Hales and Kinnersley
for Forgery, ibid. 250.
PENN, William.— Account of his Trial with
William Mead for being present at a
tumultuous Assembly in Gracechurch Street,
written by themselves, 22 Car. 2, 1670, 6
vol. 951. — ^The Indictment, ibid. 954. —
They plead Not Guilty, ibid. 955.— The
Court fines them for not taking off their
Hats on coming into Courl, ibid. 956. —
Evidence against them, ibid. 957. — They
are remeved from the Bar, and the Jnry are
charged in their absence, against which Fenn
remonstrates, ibid. 961. — ^Die Jury return a
Verdict of " Guilty of Preaching in Grace-
church Street," ibid. 962. — The Jury are
commanded to re-consider their Verdict,
but return into Court with the same Verdict
as to Penn, and Not Guilty as to Mead,
ibid. ib. — The Court threaten the Jury,
ibid. 963.— The Jury are enclosed all night,
and the next morning deliver the same
Verdict, ibid. 964. — They are enclosed a
second night, and then return a Verdict of
Not Guilty as to both Defendants, ibid.
966. — ^The Court fine the Jury for their
Verdict, ibid. 967. — Penn and Mead are
sent to Newgate for non-payment of their
Fines, ibid. 969. — Defence which they in-
tended to have made, ibid. 970. — ^The Jury
are sent to Newgate for non-payment of
their Fines, ibid. 969. — Proceedings in the
Court of King's Bench upon a Habeas
Corpus sued out by Bushell, the Foreman
of the Jury, ibid. 999.
PENN, Sir William. — Proceedings against him
on an Impeachment for several High Crimes
and Misdemeanours, 20 Car. 2, 1668, 6 vol.
869. — Burnet's Account of the Transaction
from which these Proceedings arose, ibid,
ib. — Articles of Impeachment against him,
ibid. 873. — His Answer thereto, ibid. 876.
— ^The House of Commons refer the consider-
ation of the Answer to a Committee, ibid.
878. — ^The Proceedings appear to have been
discontinued here, ibid. ib. — Lord Claren-
don's Account of him, ibid. 869 (note). —
He was Vice*- Admiral of England, and
Father of the Founder of Pennsylvania, ibid,
ib.
PENNINGTON, Isaac, 5 vol. 1000, 1198.
See Regicides,
PENRUDDOCK, Colonel John.— His Trial
with several others, at Exeter, for High
Treason in levying War against the Lord
Protector and the Government, 7 Car. 2,
1655, 5 vol. 767. — He demands Counsel,
but is refused, ibid. 771. — He pleads Not
Guilty, ibid. 773.~He contends that there
can be no such Oifence as Treason against
the Protector, ibid. ib. — His Address to the
Jury, ibid. 776.— The Jury find him Guilty,
THE STATE TRIALS.
lOB
ibid. TTf.— His Address tb the Court on
being cat!etl upon fbt Judgment, ibid. lb. —
He is sentenced to Deatb, ibid. Jb.— His
Address to tbe People from the Scaffold,
ibid. 77B.— Letter frofn his Wife, ^H^ith his
Answer 'thereto, written the night befbre
his Execution, ibid. 783.-^Curious Notes
for the assistance of Colonel Penruddock
and the other Prisoners on their Trial, ex-
tracted from Thurloe's State Papers, ibid.
784. — list of the several persons indicted,
with the Verdicts in their respective Cases,
ibid. 78d.— Lord Clarendon's Account of
the Transactions which led to the Trial of
Penruddock, ibid. 76T(note).^Lord Hale
refbses to assist as Judge at the Tri&l, ibid,
ib.
PERCEVALi The Hon. Spencer, Counsel.--
His Speech for the Prosecution on the Trial
of John Binns, at Warwick, for Seditious
Words, 20 vol. AQSt-'^is Speech in Reply
in the samf Case, ibid. 643*
— Solicitor Ge-
neral, 28 vol. 64.
■■ »> > >■ ■ ■ ■■■■■ n iiw ! ■■ ■ I AttomeyGe-
neral. — ^His Speech for the Prosecution on
tbe Trial of Colonel Despard for High
Treason, 28 vol. SOd.-^His Speech for the
Prosecution on the Trial Of Peltier for a
libel on Buonaparte, when Firdt Consul of
the French Republic, ibid.54T. — Hie Speech
for the Prosecution on the Trial of William
Cobbett for a Libel on the Lord Deutenant
and other Officers of State in Ireland, 29
vol. 21.^»-His Speech for the Prosecution
on the Trial of Mr» Justice Johnson for a
Libel, ibid* 423. — His Speech in Reply in
the same Case, ibid. 492.
PERIAM, William, Judge of C. P. 28 Eliz.
1 vol. 1251, 1315.— He was one of the
Commissioners for the Trial of Mary, Queen
of Scou, 1 vol. 1167.
Sir William, Chief Baron of the
Exchequer, 43 Eliz. 1 vol. 1334.
PERROTT, Sir John, Lord Deputy of Ire-
land. — ^liis Trial at the Bar of the Court of
King's Bench for High Treason, 84 Eliz.
1592, 1 vol. 1315.— Abstract of the Indict-
meots, ibid. 1816-17.->-He pleads Not Guilty
to both Indictments, ibid. ib« — Contemptu-
ous Words, used by him respecting the
Queen, given in Evidence to show a treason-
able intention, ibid. 1318. — ^The Jury find him
Guilty, but Judgment is respited, ibid. 1326.
-^Betng called on for Judgment, he ofiers to
make an Exception to the Indictment, but
is not permitted, ibid. 1828.«>-His Speech,
ibid. ib. — ^Chief Justice Anderson passes
sentence of Death upon him, ibid. 133 1.<—
He dies in the Tower, ibid. 1334.
PERRY, James.— His Trial with John Lam-
bert and James Gray, on an ex-officio In-
formation, for a Seditious Libel, 34 Geo. 3,
1798, 22 Vol. 963.«*-Mr. Fetty^ Advertise-
ment to the original Report of the Trial, ibid,
ib. — The Information, ibid. 958. — On the
Cause being called on, only seven Special
Jurors appeared, and, the Attorney General
not praying a Tales, the Trial goes off, ibid.
965.— A Rule for a new Special Jury being
taken out, Mr. Erskine moves the Court On
behalf of the Defendants to discharge it,
ibid. ^5.— Mr. Erskine's Argument in sup-
port of the Motion, ibid. ib. — ^The Court
grant the Motion, ibid. 983.— Counsel for
the Prosecution and for the Defendant, ibid.
986.'^The Attorney Generars Speech t&t
the Prosecution, ibid» ib.*— Mr. Erskine^s
Speech for the Defendants, ibid. 995.— The
Attorney Generars Reply) ibid. 1011.—
I^rd Kenyon's Charge to tbe Jury, ibid.
lOlO.i^The Jury aequit them^ ibid. 1020.—
Mr. Peng's Trial with James Lambert, on
an eXM)fficio Information, for a Libel on
the King, 50 Geo. 3, 1810, 31 vol. 335.—-
Counsel for the Prosecution and for the
Defendants, ibid^ ib.' — ^The Information,
ibid. 336.— speech of the Attorney General
for the Prosecution, ibid* 337. — Mi;. Perry's
Speech in his Defence, ibid» 340.^Reply
of the Attorney General, ibid. 358.— Lord
Ellenborough's Charge to the Jury, ibid.
363.-^The Jury acquit the Defendants, ibid.
368.
PERRY, Joan.— Remarkable Account of lier
Trial, Condemnation, and Execution^ with
her two Sons, John and Richard Perry, for
the supposed Murder of Mr. Harrison, 14
voL 1312i — On Mr. Harrison's sudden dis-
appearance^ John Perry states before a
Magistrate that he and his Brother had
jrobbed and murdered him, and that their
Mother was accessary thereto, ibid. 1315. —
Joan and Richard Perry declare their inno-
cence, ibid. 1317.-— An Indictment is found
against them at the Assizes, but the Judge
(Sir Christoplier Turner) refuses to try them,
because the body had not been found, ibid.
1318. — At the next Assizes they are tried,
condemned, and executed, Joan and
Richard Perry at the place of Execution
strongly asserting their innocence, ibid.
1319* — Mr. Harrison afterwards returns
home, ibid. ib. — His Letter, accounting for
his sudden disappearance, ibid. ib.
PETERBOROUGH, Henry, Earl of. See
Sdisbuty, James, Earl of.
PETERS, Hugh, 5 vol. 1007, 1016, 1279.
See Regicides,
PETRE, William, Lord. See Stafiord, WO-
Ham, Viscount.
PETT, Peter.— Proceedings against him on
an Impeachment for several High Crimes
and Misdemeanours, 20 Car. 2, 1668, 6 vol.
865.— Articles of Impeachment, ibid. 866.
— No further Proceedings are had against
him, ibid. 868.
le* GENERAfL INDEX TO
PEYTO, WiUiam. See Tde, Cardinal.
PHILIPS, Sir Ambrose, Serjeant-at-Law. —
His Examination before a Committee of the
House of Lords, appointed in 1689, to
inquire into the Murders of Lord Russel,
Colonel Sidney, and others, 9 vol. 989.
PHILIPS, George. See Tonge, Thomas,
PHILLIPS, Sir Edward, King's Serjeant.—
He opens the Indictment on the Trial of
the Conspirators in the Powder Plot, 2 toI.
164.
PHFLLIPSONE, Christopher.—His Trial in
the Court of Justiciaiy in Scotland - for
drinking the health of James the Second,
and wounding Ensign Loudoun, 9 Will. 3,
1697, 14 vol. 113.— Debate on the Rele-
vancy of the Indictment, ibid. 115. — In-
formation and Defences for the Panel, ibid.
116. — Interlocutor of Relevancy, ibid. 118.
• — Evidence against him, ibid. 119.«^He is
acquitted, ibid. 121. — Hi^Wife complains
by Petition to the Lords of Justiciary against
him for ill-treatment, ibid. ib. — The Ix)rds
order him to find Security for keeping the
Peace towards her, ibid. 123.
PHIPPS, Constantine, Counsel, 14 vol. 781
(note). — He was of Counsel for Ambrose
liookwood and Charles Cranburne on their
Trials for High Treason, in being concerned
in the Assassination Plot, 13 vol. 146, 254.
— He defends Captain Thomas Vaughan on
his Trial in the Court of Admiralty for
Treason on the High Seas, ibid. 486. — His
Speech for the Prosecution on the Trial of
Richard Hathaway for a Cheat, in pretend-
ing to be bewitched, 14 vol. 646. — His
Speech in Defence of Dr. SachevercU upon
the First Article of the Impeachment against
him, 15 vol. 222. — His Speech in Defence
of Dr. Sacheverell upon the Second Article,
ibid. 295.— His Speech on the Third Article,
ibid. 320.— His Speech on the Fourth Ar-
ticle, ibid. 347.
Sir Constantine, Lord Chancellor of
Ireland. — He was appointed Lord Chan-
cellor of Ireland by Queen Anne's Tory
Ministry in 1711, 15 vol. 222 (note).— Mr.
Currau*s Representation of the Proceedings
against him in the Irish House of Commons,
ibid. ib. — References to these Proceedings
in th£ Journals of the Irish House of Com-
n^ons, ibid. ib.
In the Reign of
George the First he returned to his Practice
at the English Bar, 15 vol. 222 (note). — His
Argument for the Earl of Wintoun in arrest
of Judgment, on his Trial for High Treason
in the House of Lords, ibid. 876. — He is
reprimanded by the House for addressing
the Lords before the point of law is stated,
and leave given him by the House to argue
it, ibid. 875. — His Argument in Reply on
\he 9ame occasion, ibid. ^^Q. — He is of
Counsel for WiUiam Hendley, ibid. 1412. —
His Speech in the House of Lords against
the passing of the Bill of Pains and Penalties
against Bishop Atterbury, 16 vol. 498. — His
Recapitulation of the Evidence against the
Bill, ibid. 573.
PICKERING, Thomas. See Ireland, William.
PICTON, Thomas, Governor and Commander
in Chief in Trinidad. — Proceedings against
him for a Misdemeanour in inflicting the
Torture upon Luisa Calderon, in the Island
of Trinidad, 44-52 Geo. 3, 1804-1812, 30
vol. 225. — Writs of Mandamus from the
Court of King's Bench to the Governor of
the Island for the Examination of Witnesses
on the subject of the Prosecution, ibid. ib.
— Return thereto, ibid. ^31. — Examinations
and Proofe annexed to the Returns, ibid.
233. — Abstract of the Indictment, ibid.
227. — His Trial in the Court of King's
Bench at Westminster, ibid. 449. — Counsel
for the Prosecution and for the Defendant,
ibid. ib. 450-451 .-:-Evidence for the Prose-
cution, ibid. 456. — Mr. Dallas's Speech for
the Defendant, ibid. 467.— Lord Ellen-
borough suggests the propriety of a Special
Verdict, which is agreed to, ibid. 491. —
Evidence for the Defendant, ibid. 492. —
Evidence to shew that the Spanish Law in
the Island of Trinidad authorized Torture,
ibid. 506. — Evidence to shew the contrary,
ibid. 516. — Mr. Dallas's Speech to the Jury
upon this Question in the Case, ibid. 521. —
Mr. Garrow's Reply, ibid. 525. — Lord
Ellenborough's Charge to the Jury, ibid.
536. — ^The Jury find that there was no Law
authorizing the infliction of the Torture in
the Island, and, under the direction of Lord
Ellenborough, return a. general Verdict of
Guilty, ibid. 540. — Proceedings in the
Court of King*s Bench on a Motion for a
New Trial, ibid. ib. — Affidavits for the
Defendant, ibid.'ib. — A Rule to shew cause
is granted, ibid. 555.--*Motion for leave to
file a supplemental Affidavit for the De-
fendant, ibid. 559. — Leave is given to file
the Affidavit, ibid. 568.— The Rule for a
New Trial is enlarged till the Return of a
Mandamus to be issued to the Governor of
Trinidad, to examine Witnesses and receive
Proofs respecting the allowance of Torture
by the Law then established in the Island,
ibid. 592. — Return to the Mandamus, ibid,
ib. — -Mr. Garrow's Argument on shewing
cause against the Rule for a New Trial,
ibid. 728. — Mr. Nolan's Argument on the
same side, ibid. 733. — Mr. Harrison's Ar-
gument on the same side, ibid. 754. — Mr.
Dallas's Argument in support of the'Rule,
ibid. 756. — The Court suggests the propriety
of a New Trial for the purpose of raising
the Questions in the Case upon a Special
Verdict, ibid. 803.— The Rule for a New
Trial is made . absolute, ibid. 806. — Pro-
ceedings on the Second Trial, ibid. 805.—
Mr: Oarrow's Speech for the ProscQutiqn^
THE STATE TRIALS.
im
ibid. ib. — Evidence for the Prosecution,
ibid, 809.— Mr. Dallas's Speech for the
Defendant, ibid. 818.— Evidence for the
Defendant, ibid. 840.— Mr. Garrow's Reply,
ibid. 8.49.— Lord EUenborough's Charge to
the Jury, ibid. 863.— The Jury find that,
by the law of Spain, Torture was allowed
in the Island of Trinidad at the time of its
cession to Great Britain, and they negative
Malice on the part of the Defendant, ibid.
870, — ^The Special Verdict, as recorded,
ibid. ib. — Argument on the Special Verdict,
ibid. 883. — Mr. Nolan's Argument of the
Special Verdict for the Crown, ibid. 884. —
Abstract of Mr. Stephen's Argument on the
other side, ibid. 931.— Mr. Nolan's Reply,
ibid. ib. — No Judgment was ever pro-
nounced by the Court upon the Special
Verdict, ibid. 955 (note).— Account of
General Picton's military distinction after
the period of this Trial, ibid. 956.— He
twice receives the Thanks of the House of
Commons for his services, ibid. 957. — He
was killed at the Battle of Waterloo, ibid. ib.
PIERCY, Sir Robert. See Constable, Sir
Robert.
PIERS, Dr. William, Bishop of Bath and
Wells. See Twelve BUJiops.
PIGGOTT, Sir Arthur, Attorney General,—
His Speech in Reply for the Commons on
the Impeachment of Lord Melville, 29 vol.
1371.
PIGOTT, Sir Francis. See Constable, Sir
Robert,
PIGOTT, George, Lord. See Stratton, George,
PILKINGTON, Thomas. See Ward, Sir
Patience.— -His Trial with Samuel Shute,
Henry Cornish, Ford Lord Grey of Werk,
Sir Thomas Player, Slingsby Bethel, Francis
Jenks, John Deagle, Richard Freeman,
Richard Goodenough, Robert Key, John
Wickham, Samuel Swinock, and John
Jekyll for a Riot and Assault at the Election
of Sheriffs for the City of London, 35 Car.
2, 1683, 9 vol. 187.— Roger North's Ac-
count of the Contests for the Election of
Sheriffs in London from which this Case
arose, ibid, ib.— Account of the same Oc-
currences from Narcissus Luttrell's MS.,
ibid, 211.— The Information, ibid. 219.—
Tlie Defendants' Counsel Challenge the
Array, ibid. 226.— The Court overrule the
Challenge, and a Bill of Exceptions is
tendered, which the Chief Justice (Sir
Edmund Saunders) refuses to sign, ibid.
234.— The King's Counsel open the Case,
ibid. 235. — Evidence for the Prosecution,
ibid. 240. — Evidence respecting the manner
of electing Sheriffs in London, ibid. 242. —
Mr. Williams's Speech in their Defence,
ibid. 264. — Evidence for them, ibid. 269. —
The Attorney General's Reply, ibid. 286.—
The Chief Justice charged the Jury, ibid.
?88.— Tb^ Jury iind them Guilty, ibid, m*
— Their several Sentences, ibid. 293.— -The
Judgment is reversed in Parliament at the
Ilevolutiou, ibid. ib. — ^They petition the
King that their Prosecutors and Judges
may be excepted from the Act of Grace,
ibid. 294. — Debate in the House of Com*
mons upon their Petition for Indemnity
from the Estates of their Prosecutors and
Judges, ibid. 295. — ^The Question for bring-
ing in a Bill for such Indemnity is nega-
tived, ibid. 298. — Account of the Action for
Scandalum Magnatum brought by the Duke
of York against Pilkington, ibid. 299 (note).
PINE, Hugh. — His Case upon a Charge of
Treason, for speaking contemptuous Words
of the King, 4 Car. 1, 1628, 3 vol. 359.—
Precedents of Prosecutions for Slander of
the King, ibid. 360. — ^The Judges declare
his Offence not to be Treason, ibid. 368.
PINFOLD, Sir Thomas. See GokUng, John.
PITCAIRN, Alexander. — Proceedings in
Scotland against him for High Treason in
impugning the Title of King William to the
Throne by scandalous 'Expressions used in
a Sermon, 9 Will. 3, 1697, 13 vol. 1449.
PITT, The Hon. William.— His early Opinions
respecting a Reform in Parliament, 22 vol.
492 (note), ibid. 494 (note). — His Evidence
on the Trial of Home Tooke, 25 vol. 381.
PIUS THE FIFTH.— His Bull excommuni-
cating Queen Elizabeth, and absolving her-
Subjects from their Allegiance to her, 1 vol.
1076.
PLAYER, Sir Thomas. See Pilkington,
Thomas,
PLESSINGTON, William.— He was a Semi-
nary Priest, executed at Chester at the time
of the Popish Plot, 7 vol. 702.— His Dying
Speech, ibid. ib.
PLUMER, Thomas, Counsel, 28 vol. 81,
356. — His Speech in Defence of John
Reeves on his Trial for a Libel on the
English Constitution, 26 vol. 555. — His
Speech in Defence of 0*Coigly on his Trial
for High Treason, ibid. 1375.— He is lead-
ing Counsel for Lord Melville on the Trial
of his Impeachment in the House of Lords,
29 vol. 606. — His Speech in Defence of
Lord Melville, ibid. 1196.
Sir Thomas, Solicitor General.—
His Argument for the Crown in the House
of Lords on the Writ of Error in the Case
of Hart and White, for a Libel in the Inde-
pendent Whig, 30 vol. 1337.
PLUMMER, Mr.— His Speech as one of the
Managers for the Commons on the Trial of
the Impeachment of Lord Chancellor Mac-
cles^ld, 16 vol. 1002.
PLUMTRE, Henry. See SacheoereU, William,
PLUNKETT John. See Atterhwry, Francis,,
BiSihop,
106
GENERAL INDEX TO
PLUNKET, Dr. Oliver, Titular Primate of
Ireland.— His Trial at the Bar of the Court
of King's Bench for High Treason, 33 Car.
2, 1681, 8 vol. 447. — He applies for time
to bring his Witnesses from Ireland, which
is denied him, ibid. 448. — Substance of the
Indictment, ibid. 451.— The King's Counsel
open the Case, ibid. 452. — Evidence against
him, ibid. 454.-- The Solicitor General and
Serjeant Jefieries sum up the Evidence for
the Crown, ibid. 484. — ^A Witness examined
for him, ibid. 488.— Chief Justice Pember-
ton's Charge to the Jury, ibid. ib. — ^The
Jury find him Guilty, ibid. 489.— His Speech
on being brought up for Judgment, ibid. ib.
— ^The Chief Justice passes Sentence of
Death upon him, ibid. 493. — His Speech
at the place of Execution, ibid. 495.— Bur-
net's Accdunt of this Trial, ibid. 447 (note).
— Mr. Fox's Remark upon this Case, ibid.
500 (note).
PLUNKETT, William Conyngham, Counsel,
28 vol, 1. — ^His Speech in Defence of Henry
Sheares. on his Trial for Treason, 27 vol.
340. — His Reply for the Prosecution on the
Trial of Robert Emmett, 28 vol. 1158.—
His exercise of the right to reply in that
Case occasioned Animadversions, ibid. ib.
(note).-«Proceedings in an Action brought
by him against Cobbett for a Libel, 29
vol. 1.
Attorney
General for Ireland. — His Speech for the
Prosecution on the Trial of Mac Donough
and Kearney, being the first Case under the
Special Commission for the Trial of the
llireshers, 30 vol. 5.
POCKLINGTON, Dr. John.— Proceedings
against him for Innovations upon the Church
of England, 17 Car. 1, 1641, 5 vol. 747.—
Petition of one of his Parishioners to the
House of Lords against him, ibid. ib. —
Articles of Charge against him, ibid. 749, —
Sentence of the House of Lords upon him,
ibid. 765. — Articles against him found
amongst the Records of the University of
Cambridge, ibid. 766.
POLE, Cardinal. — He is attainted in absence
with Michael Tbrogmorton, John Hilliard,
Thomas Gold well, and William Peyto, for
subjecting themselves to the Pope, 29 Hen.
8, 1538, 1 vol. 481.
POLE, Sir Geoffrey. — He is indicted with
Sir Edward Ne?ill, George Crofts, and John
Collins, for denying the King's Supremacy,
29 Hen. 8, 1538, 1 vol. 480.— They all plead
Guilty, excepting Sir Edward Ne^fill, ibid.
481. — Sir Geoffrey Pole is the only one hot
executed, his life being spared on account
of his having discovered the Matter, ibid. ib.
POLE, Michael De la. See Sufolk, Earl of.
POLE, William De la. See Suffolk, Duke of
POLLEXFEN, Henry, Counsel, 7 vol. 1242,
8 vol. 561. 10 vol. Iir6.*-His Speedi in
Defence or Tasborough on his Trial for
Subornation of Peijury, T vol. 889. — His
Argument in support of the Plea in Abate-
ment in Fittharris's Case, 8 vol. 307. — I£is
Argument for the Corporation in the Case of
the Quo Warranto against the City of London,
ibid. I213.--His Speech in Defence of Sir
Patience Ward, on his Trial for Perjury, 9
vol. 337. — His Argument in support of
Lord RusseVs Challenge of a Juror for not
having a forty-shilling Freehold, ibid. 586.
— His Defence of William Sacheverell and
otliers for a Riot at Nottingham, 10 vol. 65.
— His Argument in support of Rosev^ell's
Motion in Arrest of Judgment, ibid. 277. —
His Argument for Mr. SSmdys in the Great
Case of Monopolies, ibid. 414.-- HisSpeech
for the Prosecution on the Trial of Lady
Alice Lisle, 11 vol. 316.— His Speech for
the Defendants on the Trial of the Seven
Bishops, 12 vol. 370.— Anecdote from the
Diary of Henry, Lord Clarendon, respecting
his language ontheLandingof King William,
and the Flight of James the Second, 13 vol.
204 (note). — His Speech for the Defendants
in the Case of the Seven Bishops, ibid. 370.
— Burnet says, that he was an honest and
learned, but a perplexed Lawyer, ll vol.
776 (note).
Sir Henry, Chief Justice of
C. P. 2 Will, and Mary.— His Charge to
the Jury on the Trial of Lord Preston, 12
vol. 810.
POOR, Edmund. See Cavenagh, Michad.
POPE, Alexander.— He is examined as a
Witness for Bishop Atterbury on the Pro-
ceedings against him in the House of L<ords,
16 vol. 572 (note).
POPHAM, John, Attorney General, 24 Eliz.
1581, 1 vol. 1051, 1131, 1320.— His Speech
in the Star Chamber declaring the Earl of
Northumberiand's Treasons, 1 vol. 1115.—
His Speech in the Star Chamber on the
Prosecution of William Davison for de-
livering the Warrant for the Execution of
Mary, Queen of Scots, ibid. 1229.
Sir John, Chief Justice of K. B.,
34 Eliz. 1 vol. 1333, 1409, 2 vol. 159.— He
was made Chief Justice on the 28th of May,
1 592, 1 vol. 1 327.— His Evidence on the Trial
of Sir Christopher Blunt and others for High
Treason, containing an Account of his Mis-
sion to the Earl of Essex by the command of
Queen Elizabeth, ibid. 1426.— His Address
to Sir Walter Raleigh on passing Sentence
of Death upon him, 2 vol. 30.— He is one
of the Commissioners for the Trial of Garnet
for High Treason in being concerned in the
Powder Plot, ibid. 217.— His Opinion in
the Case of the Postnati, ibid. 568.
PORDAGE, Dr. John.— Proceedings of the
Commissioners appointed by Cromveell for
ejecting scandalous and insufficient Ministers
THE STATE TRIALS.
107
against him, 6 Car. 2, 1654, 5 toI. 539. —
The first Articles of Charge against him for
maintaining certain heterodox Opinions in
Religion, ibid. 542. — His Answer to them,
ibid. 545. — ^The second Articles for speak-
ing against Matrimony, and dealing with
Conjurers, ibid. 549. — His Answer thereto,
ibid. 551. — ^The third Articles for holding
unsound Doctrines in Religion, for Incon-
tinence, and conversing with Spirits, ibid.
555. — His Answer thereto, ibid. 562. —
Depositions of the Witnesses against him,
ibid. 579. — He is ejected from his Church,
ibid. 629. — He is restored to his Living
at the Restoration, ibid. 632.
PORT, Sir John, Judge of K. B. 26 Hen. 8, 1
vol. 398.
PORTEMAN, Sir William, Judge of K. B. 1
Mary, 1 vol. 869.
PORTEOUS, Captain John. See Madauchlan,
William, — Proceedings on his Trial at Edin-
burgh for Murder, 10 Geo. 2, 1736, 17 vol.
923.— The Indictment, ibid. ib. — Advocates
for the Crown and for the Panel, ibid. 928. —
Information for the King's Advocate, ibid,
ib. — Information for the Panel, ibid. 939.
— ^The Court find the Indictment relevant,
ibid. 963. — Evidence for the Prosecution,
ibid. 965. — Evidence for the Panel, ibid.
978.— The Assize find him Guilty, and
Sentence of Death is passed upon him,
ibid. 985. — His Petition to Queen Caroline,
ibid. 986.— He is reprieved, ibid. 989. — ^The
Mob break open the Prison and hang him,
ibid. 991. — Extracts from the Gentleman's
Magazine relating to this Transaction, ibid.
992.
PORTER, Sir Charles. See Caningibtf^ Tliomat^
Lord,
PORTER, Captain George.— His Evidence
against Chamock, King, and Keyes, 12 vol.
1396.— His Evidence againstSirJohnFreind,
13 vol. 16. — Against Sir William Parkyns,
ibid. 85. — Against Ambrose Rookwood,
ibid. 182. — Against Charles Cranburne,ibid.
243. — ^Against Peter Cook, ibid. 351. —
Against Sir John Fenwick, ibid. 580. — He
has a Pension granted to him in conse-
quence of his Discoveries relating to the
Assassination Plot, ibid. 784 (note). — Ac-
count of his Trial for the Murder of Sir
James Hacket, ibid. 782 (note).
PORTERFIELD, John,of DuchalL— HisTrial
at Edinburgh for Treason in harbouring
Triutors, and concealing a proposal made to
him to advance Money to the Earl of
Argyle, a declared Traitor, 36 Car. 2, 1684,
10 vol. 1045. — He is found Guilty upon his
own Confession, ibid. 1062. — Sentence
against him, ibid. ib. — The time and place of
his Execution left to the King^ ibia. ib.— «
Fountainhairs Report of this Case, ibid, 1064.
— The Scotch Parliament ratify the Sentence
of the Court of Justiciary, ibid. 1066.
PORTLAND, William, Bad of. See Somen,
John, Lord,
POTTER, Vincent, 5 vol. 1005, 1214. See
Regiddei,
POWELL, Sir John, Judge of K. B. 3 Jac. 2.
—He is brought to the Bar of the House of
Lords, to answer for his Judgment in the
Earl of Devonshire's Case, 11 vol. 1368. —
He was one of the Judges of the Court of
King's Bench at the Trial of the Seven
Bishops, 12 vol. I89.r.-He gives hisX)pinioa
in that Case, against the lUng's Dispensing
Power, ibid. 426. — He is said by Lord
Camden, to have been the only honest man
of the four Judges of the Court at that
time, 1 9 vol. 990.-^Dean Swift's Notice of him
in his << Journal to Stella,'^ 15 vol. 707 (note).
Judge of C. P. 8 Will. 3,
18 voLl39, 451.
■ Judge of K. B. 1 Ann.
14 vol. 1189. — ^His Address on passing Sen-
tence of Death upon Haagen Swendsen,
and Sarah Baynton, for forcibly taking away
Pleasant Rawlins, an Heiress, 14 vol. 631.—
He delivers his Opinion against the Discharge
of the Aylesbury Men, ibid. 854.^ — ^His
Charge to the Jury on the Trial of Robert
Feilding for Bigamy, ibid. 1362.
POWIS, Sir Littleton, Baron of the Exche-
quer, 8 Will. 3. 13 vol. 451, 14 vol. 559.—
His Letter to Lord Chancellor Macclesfield,
containing an Account of the Trial of Wm;
Hendley for unlawfully collecting Money for
Charities, 15 vol. 1414.
JudgeofK. B. 4Geo.l,
15 vol. 162, 16 vol. 34. — His Opinion in
favour of the King's Prerogative respecting
the Education and Marriage of the Royal
Family, 15 vol. 1220.
POWIS, Sir Thomas, Solicitor General, 2
Jac. 2. — ^His Argument for Sir Edward
Hales in favour of the King's Dispensing
Power, 11 vol.1192.
■ ' ■ Attorney General, 4
Jac. 2. 12 vol. 125. — His Speech for the
Prosecution on the Trial of the Seven Bishops,
12 vol. 280.— His Reply in the same Case,
ibid. 397.
- Counsel, — He is of
Counsel for the Defendant on the Trial of an
Action brought by the Duke of Norfolk
against John Germaine, for Criminal Cou"*
versation with the Duchess, 12 vol. 930.
— His SpeechJn the House of Commons
on behalt of Sir John Fenwick, against the
Bill of Attainder in his Case, 13 vol. 631.
— His Argument on the Trial of the Earl
of Warvnck for Murder, in favour of the
Competency of a Witness convicted of a
clergyable Felony, who has received his
Clergy, but has not been burned in the Hand,
or pardoned, ibid. 1007,— His Speech in
Defence of Charles Duocombe on nis Trial
109
GENERAL INDEX TO
for fraudulently indorsing Exchequer Bills,
ibid. 1076. -His Speech for the Duchess
of Norfolk in the House of Lords, against
the passing of the J)uke's Divorce Bill, ibid.
1345. — His Argument in the House of Lords
in the .Case of Dr. Thomas Watson, Bishop
of St. Darid^s, against the power of an
Archbishop to deprive a Bishop, 14 vol. 455.
-—His Speech in the House of Commons in
the Debate on the Great Case of Ashby
and White, ibid. 712.
Queen's Serjeant, 3
Ann. — His Argument for the Crown on the
Trial of David Lindsay for Treason, 14 vol.
1015. — He is of counsel for the Crown on
the Trial of Tutchin for a Libel, ibid. 1104.
— His Argument in favour of the amend-
ment of the Jury Process in Tutchin*8 Case,
ibid. 1135.
POWIS, William, Earl of. See Stafford, Wil-
liam. Viscount.
POWLE, Henry. — His Speech in the House
of Commons on a Motion for the Im-
peachment of the Earl of Danby, 11 vol.
724. — His Speech, as one of the Managers
for the Commons, on summing up the Evi-
dence against Lord Stafford, 7 vol. 1516.
POWRIE, William. See Damh/, Henry,
Lord, — His Depositions respecting the
Murder of Lord Darnley, 1 vol. 915.
POYNTZ, John. See Motris, John.
PRAED, William Mackworth, Serjeant at Law.
— His Evidence in the House of Lords on
the Trial of the Impeachment of Lord Mel-
ville, 29 vol. 797.
PRAT, Waller. See Hendley, WUliam.
PRATT, Charles, Counsel. — His Speech on
summing up the Evidence for the Defence
on the Trial of William Owen for a Libel,
18 vol. 1227.— He is one of the Counsel for
the Prosecution on the Trial of Timothy
Murphy for Forgery, 19 vol. 707.
■ Attorney General, 33 Geo.
2. — His Speech for the Prosecution on the
Trial of Earl Ferrers for Murder, 19 vol. 895.
— His Speech for the Prosecution on the
Trial of Dr. Hensey for High Treason, ibid.
1350. — He is said to have instituted but one
Prosecution for Libel while he was Attorney
General, and to have stated to the Jury on
that occasion, that he did not wish for a Con-
viction,if any man whatsoever doubted of the
Guilt of the Defendant, 20 vol. 709.
Sir Charles, Chief Justice of C. P.
3 Geo. 3. — He delivers the Judgment of the
Court of Common Pleas on discharging Mr.
Wilkes, 19 vol. 987, 990.— His Charge to the
Jury in the Case of Wilkes v. Wood, ibid.
1166.
Charles, Lord Camden, Chief Jus-
tice of C. P, — His Argumetit on deliverijog
the Judgment of the Court of Common
Pleas for the Defendant, - in the Case of
Entick V. Carrington, 19 vol. 1044. — His
Questions to Lord Mansfield respecting the
Doctrine laid down by him, on the extent
of the power of a Jury on Trials for Libel^
20 vol. 921.
PRATT, Sir John, Judge of K. B. 3 Geo. 1,
15 vol. 923. — ^His Argument on delivering
his Opinion in favour of the King's Prero-
gative respecting the Education and Marriage
of the Royal Family, 15 vol. 1216.
Chief Justice of K. B. 8
Geo. 1 . — His Charge to the Jury on the Trial
of Reason and Tranter for Murder, 16 vol.
45.— His Charge to the Jury on the Trial
of Christopher Layer for High Treason, ibid.
290.
PRAUNCE, Miles.— His Evidence on the
Trial of Green and others for the Murder of
Sir Edmondbury Godfrey, 7 vol. 169. —
Account of the Proceedings against him
for Perjury in his Evidence on that occasion,
ibid. 228 (note). — ^His Examinations before
the Privy Council respecting the Popish Plot,
7 vol. 1225, 1231. See Thompson, Nathaniel.
PRESSICKS, Mary. See Thwing, Tlumas.
PRESTON, Lord. See Grahme, ^ Richard,
PRICE, Anne. See Tasborough, John.
PRICE, John. — Proceedings against him and
several other Protestants in Ireland, for High
Treason, 1 Will, and Mary, 1689, 12 vol.
613.-— Chief Justice Heating's Charge to the
Grand Jury, ibid. 616.— The Indictment,
ibid. 621. — ^The Trial is postponed for want
of qualified Jurors, ibid. 627.
PRICE, Robert, Counsel.— His Letter to the
Duke of Beaufort, containing an Account
of the Trial of the Seven Bishops, 12 vol.
200 (note). — His Argument for the Prisoner
on several points of Law, on the Trial of
Loi*d Molmn, in the House of Lords for
Murder, ibid. 1020, 1025, 1028, 1033,
1037.
■ Baron of the Exchequer, 4
Geo. 1. — His Opinion against tlie King's
Prerogative respecting the Education and
Marriage of the Royal Family, 15 vol.
1224.
PRIDEAUX, Edmund, Attorney General for
the Commonwealth, 5 vol. 521, 773. — His
Speech for the Prosecution on the Trial of
Chriatopher Love for Treason, 5 vol. 73. —
His Reply to Love's Defence, ibid. '^66,
181. — His Argument against the Discharge
of Captain Streater, upon a Commitment by
Order of the Parliament, ibid. 391 . — He is
charged by John Lilburne with being an
impeached Traitor, ibid. 430.
PRIEST, William.— Proceedings in the Star
Chamber against him and Richard Wright
for sending and carrying a ChaUenge,| la
THE STATE TRIALS;
109
Jtc. 1, 1615, 2 vol. 1033. — ^Decr^e of the
Court against them, ibid. 1042. *
PBITCHARD, Sir William. —Trial of an
Action on the Case for a malicious Arrest
brought by him against Thomas Papillon,
Esq. at uuildhall in London, 36 Car. 2,
1684, 10 vol. 319.— The Declaration, ibid.
322 (note). — Speech of the Attorney General
for the Plaintiff, ibid. 323. — Evidence for
the Plaintiff, ibid. 324. — Serjeant Maynard*s
Speech for the Defendant, ibid. 330.—
Speeches of Mr. Williams and Mr. Ward
for the Defendant, ibid. 332, 334. — Evi-
dence for the Defence, ibid. 338. — Reply
of the Plaintiff's Counsel, ibid. 350. — Evi-
dence in reply, ibid. 353. — Chief Justice
Jefferies's Charge to the Jury, ibid. 358. —
The Jury find for the Plaintiff, with Damages
10,000/. ibid. 372.— Account of this Trial
from Narcissus Luttrell's MSS. ibid. 319
(note).
PROBYN, Edmund, Serjeant at Law.— His
Speech in the House of Lords on opening
the General Defence of Lord Chancellor
Macclesfield, 16 vol. 1080.
Judge of K. B. 3 Geo. 2,
17 vol. 568.
PRYNN, William.— Proceedings in the Court
of Star Chamber against him for publishing
a Book entitled " Histrio-mastix,'* and against
Michael Sparkes for printing, and William
. Buckner for licensing the same, 9 Car. 1,
1632, 3 vol. 562. — ^The Information, ibid. ib.
— ^His Answer thereto, opened by Mr. Atkins,
ibid. 564. — S|teech of the Attorney General
(Noy) for the Prosecution, ibid. 566. — Mr.
Atkins's Speech in Defence of Prynn, ibid.
570. — Mr. Holborne^s Speech in his Defence,
ibid. 572. — Mr. Heme's Speech in his De-
fence, ibid. 573. — Speeches of the Members
of the Court, on delivering their Opinions
respecting the Sentence to be pronounced
upon him, ibid. 574.— ^Proceedings in the
Star Chamber against him, Dr. John Bast-
wick, and Mr. Henry Burton, for several
Libels, 13 Car. 1, 1637, ibid. 712.— They
prepare their Answers to the Information,
but their Counsel refuse to sign them, ibid. ib.
— ^They petition to be allowed to' sign them
themselves, but are refused by the Court, ibid .
713. — Prynn's Reasons for being allowed to
sign his Answer, ibid. ib. — ^They put in a
Cross Bill against the Bishops, which the
Lord Keeper refuses to admit, ibid. 714. —
Mr. Holt, Prynn's Counsel, draws his Answer
but refuses to sign it, ibid. 716. — Mr. Tom-
linshisSecondCounsel signs it, but the Officer
of the Court refuses to take it, ibid. 717.—
The Information is taken by the Court pro
confesso, and they are brought up to receive
their Sentences, ibid, 716, 717. — Prynn's
Speech, ibid. 719. — Bastwick's Speech, ibid.
721. — Burton's Speech, 724. — ^Archbishop
Laud's Speech on delivering his Opinion as
; iQ am S«nteQ9e| ibi4i T%5,-r'The Seuteoce,
ibid. 766.— Bastwick's Letter to Archbishop
Laud, praying for Mone^ to assist him in
preparing his Defence, ibid.' 725 (note).— «
Their Conduct at the Pillory, ibid. 745. —
They are imprisoned until the year 1641,
ibid. 755. — ^Their Petitions to the Long
Parliament, ibid. ib. — Resolutions of the
House of Commons, condemning the Pro-
ceedings against them, ibid. 764.— rExtracts
from Clarendon and Kennet respecting them,
ibid. 766. — Clarendon's Account of their
triumphant Entry into London after their
liberation, ibid. 769. — Prynn conducts the
Prosecution of Colonel Fiennes, 4 vol. 185.
■ — He is employed by the Commons, with
otliers, to manage the Evjdence against Arch'
bishop Laud, ibid. 348. — ^His Argument in
Macguire's Case, to prove that a Baron of
Ireland may be tried by a Jury in England
for Treasons committed in Ireland, ibid. 689.
— He is ordered by the House of Commons
to assist in preparing the Charge against
Judge Jenkins, ibid. 923.
PUCKERING, Sir John, Queen's Serjeant, 1
vol. 1233.— He opens the Charge against
Abington and others on their Trial for High
Treason, 1 vol. 1143. — Reasons urged to
Queen Elizabeth by him, as Speaker of the
Lower House of Parliament, for- the expe-
diency of executing Mary Queen of Scots,
ibid. 1195.
PULESTONE, John, Judge of C. P. during
the Commonwealth, 4 vol. 1249, 1269.
PURCHASE, George.— His Trial at the Old
Bailey for High Treason its. levying War
against the Queen, under pretence of pulling
down Meeting-houses, 9. Anne, 1710, 15
vol. 651.— The. Indictment, ibid. 545. — He
pleads Not Guilty, ibid. 546.— Speech of the
Attorney General (Sir James Montagu),* for
the Prosecution, ibid. 654. — Evidence against
him, ibid.- 655. — Mr. Darnell's Defence of
him, ibid. 664. — Evidence in support of the
Defence, ibid. 668. — ^Mr. Darnell sums up
the Evidence for the Prisoner, ibid. 678. —
Reply of the Counsel for the Prosecution,
ibid. 680. — Chief Justice Parker charges
the Jury, ibid. 684. — ^The Jury find a Special
Verdict, ibid. 690. — ^The Special Verdict,
ibid.691.— Chief Justice Parker delivers the
Opinion of the Judges, that the facts found
by the Special Verdict amount to Treason,
ibid. 699. — He is afterwards pardoned,
ibid. 702.
PYM, John. See EmhdUany EAoard, Lord. —
. His Speech at a Conference between the
Lords andCommons, on delivering the Charge
of the Commons against Dr. Manwaring, for
preaching Sermons containing Doctrines
subversive of public Liberty, 3 vol. 340.—
He conducts the Charge for the Commons
on the Trial of the Earl of Strafford, ibid«
I417.--His Speech in the House of Lords on
delivering the Articles of Impeachment
against Sir George B^tcUff| 4 toK 49,-^His
110
GENERAL INDEX TO
Sp«teh in tha House of hords on delirering
tb« Aiticloi of Impeajchment aeaiast Arch-
bifhop Laud, ibid, a20,-^Hi8 body, which
was buried in Westminster Abbey in 1643,
was removed at the Restoration, 5 vol. 1337
(QDte)«
QU£ENSB£RRY,Jamc8,Dukeof.See£aa/ie,
QUELCH, Captain John.— His Trial with
several others at the Court of Admiralty in
New England for Piracy, Robbery, and
Murder, 3 Anne, 1704, 14 vol. 1067.— Arti-
cles against them, ibid. 1068.~Several of
the prisoners plead Guilty, and are received
as Witnesses for the Queen, ibid. 1071. —
Quelch pleads Not Guilty, ibid. 1072. —
Speeches of the Counsel for the Prosecution,
ibid. 1073. — Evidence against Quelch, ibid.
1076.-*^His Counsel make several legal Ob-
jections to the Case for the Prosecution,
which are overruled, ibid. 1084. — ^The Court
adjudge him Guilty, and pass Sentence upon
him, ibid. 1088.^Ue is executed, ibid. 1095.
•-^Trials of the others, ibid. lOSB.-^Accoant
of. their Execution, ibid. 1095.
RABY, John, Counsel,— »His Speech on sum-
ming up the Evidence for the Prosecution
on tiie Trial of Woodbume and Coke for
disfiguring Edward Crispe, 16 vol. 66.
m,, I ■ . ■ , Serjeant at Law.— His Charge to
the Jury on the Trial of William Hales for
Forgery, 17 vol. 393.
RADLEY, Richard. — Proceedings against him
for speaking Scandalous Words of Chief
Justice Scroggs, 8 vol. 701.— He is con-
victed and fined 200/. ibid. 706.
RAINE, Jonathan, Counsel.— His Speech in
Defence of Joseph Hanson, on his Trial for a
Misdemeanour in encouraging the Weavers
of Manchester in a Conspiracy to raise their
Wages, ai voL 27.
RALEIGH, Sir Walter.—He interests himself
on behalf of Udall, a Puritan Minister, tried
and convicted of Felony, in writing a Libel
upon Queen Elizabeth, 1 vol. 1308.— He
attends in the House of Lords as Captain of
the Guard on the Trial of the Earls of Essex
and Southampton, ibid. 1335.— He attends
voluntarily at the Execution of the Eaii of
Essex, ibid. 1360. — His own Account of his
disposition towards the Earl of Essex, 2 vol.
44.— His Trial for High Treason, 1 James 1,
3 vol. l.-^ub&taDce of the Indictment, ibid.
ib.-^e pleads Not GuUly, ibid. 4.--'Sir
Edward Coke (Attorney General) opens the
Case against him, ibid. 5.-^Scurnk)us Laii-
gotge used by Coke towards him, ibid. 7,9,10,
^ d6.-^Coke is rebuked by the Court for
hia impatience, ibid. 26.— Cobham's Exaini-
nations read against him, ibid, to, 12. —
RtWigb prodoees a Letter from Cobharo k-
voki&ghiftAciusAtioBy iMd» S&^-^He i» foiwd
Ooil^, ibid. 29.— Cikief Justioe Popinla's
Address to him on passing Juagncnt
against him, ibid. 30. — ^After 14 yeai^ Im«
prisonment, he is allowed to command an
expedition to Guiana, ibid. 31. — On return-
ing unsuccessful. Proceedings are taken
in the Court of King's Bench for Execution
on the Judgment against him, ibid. 33.—
He contends that the King's Commission
to command the Guiana Expedition was
an implied Pardon, ibid. 34.— JExecution is
awarded, ibid. 35.— Warrant for his Exe-
cution, ibid. ib. — His Letter to the King
in defence of his conduct in Guiana, ibid.
37. — ^His Letter to the King written the
night before his Execution, ibid. 38.— His
Letter to his Wife written at the same time,
ibid. 39.— His Execution, ibid. 40.— Bishop
Kennett's Remarks on Sir Walter Raleigh's
Conspiracy, ibid. 45. — Two Letters of Sir
Dudley Carleton respecting the same, ibid.
ib. — ^Account of the Guiana Expedition, with
a character of Sir Walter Raleigh, from
Howeirs Familiar Letters, ibid. 55.-^ir
John Hawles expresses an Opinicm, that if
Sir Walter Raleigh was guiltv of the Matter
laid to his Charge, it was High Treason, ibid.
63 (note).
RAMSEY, David. See Rea, JJmtld, Lord.
Uchiltrie, James, Lord,
RATCLIFF, Sir George.— Proceedings in the
House of Lords in Ireland against him, Sir
Richard Bolton, Lord Chancellor of Jreland,
Dr. John Bramhall, Bishop of Deriy, and
Sir Gerard Lowther, Chief Justice of the
Common Pleas, for High Treason, 16 Car. 1,
1641,4 vol. 51.-<Oa]>taii^ Mervin*8 Speech
to the Lords on bringing up the Impeach-
ment against them, ibid. ib. — ^Articles of
Impeachment against them, ibid. 57.— The
Parliament afterwards order Reparation to
several persons out of Ratcliff's EsUte, ibid.
68. — ^Proceedings in Parliament against him
for being concerned in the Treasons of the
Earl of Strafford, 16 Car. 1, 1640, ibid. 47.
^^Articles of Impeachment against him, ibid.
48.— Mr. Pym's Speech in the House of
Lords <m delivering the Articles against him,
ibid. 49.- -He is committed by the House of
Lords to the Gate-House, ibid. 50.
RATCLIFFE, Charles,— Foster's Report of
the Proceedings in the Court of King's
Bench, respecting the Award of Execution
against him upon an Attainder for High
Treason, in being concerned in the Rebellion
of 1715, 20 Geo. 2, 1746, 18 vol. 429.-On
being brought into Court by Habeas Corpus,
he pleads that he is not the person namea in
the Record of Attainder, upon which Issue
is joined, ibid. 430.— Account of the Evi-
dence against him upon this Issue, ibid. 433
(note).— The Jury find that be is the same
person, ibid. 434.— He is executed, ibid.
437.
SAVAILLAC^AcGoaiiC ef thf bwtodas
THE STATE TEIALa
111
circiunstaiices of his Torture and BxecutioD,
6 ?ol. 1223 (note).
> RAWLINS, Pleasant, 14 vol. 597. See&^
(OR, Sarub. Swendserif Haagen,
RAYMOND, R6bert, Counsel, 14 vol. 642>
1329. — He is assigned of Counsel for David
Lindsay on his Trial for High Treason, 14
▼ol. 989.— -His Argument for the Prisoner
CD that Trial, ibid. 1007.
I Sir Robert, Attorney General,
9Geo. 1. — His Speech for the Prosecution
on ihe Trial of Christopher Layer for High
Treason, 16 vol. 151.
■ ■ Chief Justice of
K. B. 12 Geo. 1, 17 vol. 159.-'He delivers
the Judgnoent of the Court upon the Special
Verdict in Msyor Qneby's Case, 17 voU 41.
— Hi« Qiarge to the Jury on the Trial of an
Appeal of Murder, brought by Mary Castell
against. Thomas Bambridge and Richard
CorbeU, ibid 452.*- His Charge to the Jury
on the Trial of Richard FrancKlin for a Libel
published in The Crafuman, ibid. 671.
RAYMOND, Thomas, Serjeant at Law, 7 vol.
1242.
Sir Thomas, Judge of K. B. 34
Car. 2, 7 vol. 1048, 1082, 8 vol. 564, 1273
(note), 9 vol. 127, 11 vol. 858.
RAYNESFORD, Sir Richard, Baron of the
Exchequer, 18 Car. 2, 6 vol. 769, 879.
I I > i ■ Chief Justice
of K.B.29 Car. 2. — ^He delivers his Opinion
against the Discharge of the Earl of Shaftes-
bury, 6 vol. 1296.
REAy Donald, Lord . See UehUirie, Jcma^ Lord.
—Proceedings in the Court of Chivalry on
an Appeal of High Treason by him against
David Ramsey, 7 Car. 1, 1631, 3 vol. 483.
— Mr. Hargrave's Introductory Note, ibid.
ib.<— Sanderson^s Account, ibid. 485. — Oc-
casion of thfe Quarrel, ibid. ib. — Form of
die Proceeding, ibid. ib. — Precedents of
Trial by Battle on an Appeal of Treason,
referred to by Dr. Duck, the King's Advo-
cate, ibid. 487. — ^The Appellant delivers in
his Charge in Writing, ibid, ib.-- -Ramsey's
Answer thereto, ibid. 489. — Rushworth's
Account, ibid. 494. — ^Letters Patent creating
L<»d Lindsey Constable of England, ibid.
496« — ^Lord Rea's Petition to the King, ibid.
497, — ^Hts Appeal, ibid. 498.'-Ram8ey's
Defence, ibid. 502«-*-Form of the Adjudica-
tion of Battle, ibid. 507. — Dimensions of the
Weapoiis to be used, ibid. 51 1. — ^Tlie King
revolves tiie Letters Patent to the Lord
Constable, and ends the Proceeding, ibid.
5«.— The King's Letter to the Marquis of
Hamilton respecting this Proceeding, ibid. ib.
READ, --^. — Account of bis Case before Lord
Holt fiir publisfaiag an obseene Libel; 17 vol.
167 (note).
READING, Nathaniel.— His Trial for a Mis-
demeanour in bribing a Witness to give
false Evidence against Persons accused of
^ being concerned in the Popish Plot, 31 Car.
2, 1679, 7 vol. 259.— The Indictment, ibid.
262.— He pleads Not Guilty, ibid. 264.—
Speeches of the King's Counsel for the Pro-
secution, ibid. 267.— Evidence for the Pro-
secution, ibid. 270. — His Speech in his
Defence, ibid. 286.— Evidence in 8)tpport of
the Defence, ibid.289.— Chief Justice North's
Charge to the Jury, ibid. SO/.-^He is found
Guilty, ibid. 309.— His Sentence, ibid, 310.
—-His Evidence in the House of Lords
respecting a Breach of Privilege by |he
Arrest of Counsel in the Court of Chancery
by the Serjeant-at-Arms of the House of
Commons, 6 vol. 1155.
REASON, Hugh.--.His Trial vi^ith Robert
Tranter at the Bar of the Court of King's
Bench for the Murder of Edward Lutterell,
Esq. 8 Geo. t, 1722,16 vol, I, -.The Indict-
ment, ibid, ib,— They plead Not Guilty,
ibid. 5.— Speech of Mr. Serjeant Cheshire
for the Prosecution, ibid. 7.«— Evidence for
the Prosecution, ibid. 18, — Evidence of the
Dying Declarations of Mr. Lntterell, ibid.
24.— Defenoeof the Prisoners, ibid. 38.-*^Evi-
dence for the Prisoners, ibid. 39.— Reply of
the Counsel for the Prosecution, ibid. 42* —
Chief Justice Prati's Charge to the Juiy, ibid.
45. — Underthe direction of the Chief Justice,
the Jury find them guilty of Manslaughter, '
ibid. 54. — ^The Sentence of Burning in the
Hand is executed upon them behind the Bar
of the Court, ibid, ib.— Sir John Strange's
Report of this Case, ibid. 1 (note).-*Foster's
Remarks upon Strange's Report, ibid. 9
(note).
REDDING, Joseph. See AngKik^f, Jame^
REDHEAD, Henry, otherwise called Henry
Yorke. — His Trial at York for a Seditious,
Conspiracy, 35 Geo. 3, 1795, 25 vol. 1003^
—He objects to the Crown's Right of chal*
lenging without Cause, ibid« ib.^ -Counsel
for the Prosecution and for the Defendant,
ibid. 1004.— The Indictment, ibid. ib. — Mr.
Law's Speech for the Prosecution, ibid, 1012.
—Mr, Justice Rooke informs the Defendant
that he must elect whether he or his Counsel
will address the Jury, ibid. 1021.— He is not
permitted by the Court to examine the same
Witnesses which his Counsel has examined
ou his behalf, ibid. ib. — Evidence fpr the
Prosecution, ibid, ib.— The Defendant's
Speech to the Jury in his Defence, ibid,
1065. — Evidence for the Defendant, ibid.
1113.— Mr. Law's Reply, ibid. 1137.— Mr.
Justice Rooke's Charge to the Jury, ibid.
I149.--The Jury find him Guilty, ibid. 1154.
—He is sentenced to pay a Fine of 200/. to
be imprisoned for two years in Dorchester
Gaol, and to find Sureties, ibid, ib. — He is
afterwards called to the Bar, ibid. ib.
REDMOND, OeM Lfuubert^;
112
GENERAL INDEX TO
' Dublin under a Special Commission of Oyer
and Terminer for High Treason, in being
concerned in the Irish Insurrection, 43 Geo.
3, 1803, 28 vol. 1271.— The Indictment',
ibid. ib. — Speech of the Attorney General
for the Prosecution, ibid. 1276. — Evidence
for the Prosecution, ibid. 1284. — Mr. Mac
Nally's Speech in his Defence, ibid. 1299.
— ^Mr. Baron George's Charge to the Jury,
ibid. 1307.— The Jury find hiro Guilty, ibid.
1310. — Mr. Baron George's Address to him
on passing Sentence of Death, ibid. 1311. —
He is executed, ibid. 1315. — Previously to
his Trial, he attempts to commit Suicide,
ibid. 1316.
REEVES, John. — His Trial on an ex officio
Information filed by the Attorney General
at the suggestion of the House of Commons,
for a Libel upon the English Constitution,
36 Geo. 3, 1796, 26 vol. 529.— The Informa-
tion, ibid. ib. — Speech of the Attorney Ge-
neral (Sir John Scott) for the Prosecution,
ibid. 534.— Evidence for the Prosecution,
ibid. 554. — Mr. Plumer's Speech for the
Defendant, ibid. 555. — The Attorney Gene-
ral's Reply, ibid. 581. — Lord Kenyon's
Charge to the Jury, ibid. 590. — ^The Jury, in
giving their Verdict of Not Guilty, express
an opinion that the Publication was improper,
ibid. 594. — ^Note upon the Conduct of the
Jury in this respect, and the cause of it,
' ibid. ib.
REEVES, Thomas, Counsel.— His Speech in
. Reply for the Prosecution on the Trial of
Reason and Tranter for Murder, 16 vol. 42.
— His Speech in Reply in the House of
Lords, in support of the Bill of Pains and
Penalties against Bishop Atterbury, ibid.
607. — His Speech for the Appellant on the
Appeal of Murder against lliomas Bam-
bridge and Richard Corbett, 17 vol. 398.
REID, John. See Codling, William.
RENWICK, James.— His Trial at Ediriburgh
for High Treason for preaching in the fields
against the Government, 4 Jac. 2, 1688, 12
vol. 569. — The Indictment, ibid. ib. — ^He is
found Guilty and sentenced ^o be hanged,
ibid, 572. — Wodrow's Account of him and
of these Proceedings, ibid. 573. — Account
of his Execution, ibid. 583. — Fountainhairs
Notice of this Case, ibid. 585.
RERESBY, Sir John.— His Account of the .
Trial of Lord Stafford, 7 vol. 1293 (note).
REYNOLDS, James, Seijeant-at-Law.— His
Argument on behalf of the Prince of Wales
against the Prerogative of the Crown re-
specting the Education and Marriage of the
Royal Family, 15 vol. 1203.
■ Judge of K. B. 3 Geo. 2.
— His Charge to the Jury on the Trial of
Hales and Kinnersley for Forgery, 17 vol.
280.
REYNOLDS, John. ^^^Grem^CaptamThmas,
REYNOLDS, Richard. See Roughtotif Jokn.
RICCARDS, Arthur. See Sacheverell, William.
RICH, Richard, Solicitor General, 26 Hen. 8.
— His Conference with Sir Thomas More in
the Tow^r, 1 vol. 388. — ^He gives Evidence
of what passed at this Conference on Sir
Thomas More 's Trial, ibid. 390. — Sir Thomas
More charges him with Perjury, ibid. ib. —
He gives Evidence on the Trial of . Fisher,
Bishop of Rochester, ibid. 399.
RICH, Robert, Lord. See Northampton,
Spencer, Earl of,
RICHARD THE SECOND, King of England.
— Proceedings respectinghis Depositionfrom
the Throne, 1 Hen. 4, 1399, 1 vol. 135. — He
renounces the Crow;n by Deed, ibid. 138. —
Articles of Accusation exhibited against him
in Parliament, ibid. 140. — Sentence of Depo-
sition against him, ibid .151 . — His Conversa-*
tion with theCommissioners who conveyed the
Sentence of Deposition to him in the Tower,
ibid. 155.-^Debate in Parliament respecting
the mode of disposing of him, ibid. 1 58. —
The Bishop of Carlisle's Argument against
the lawfulness of deposing him, ibid, ib.— -
His Imprisonment and Death, ibid. 160. —
Different Accounts of the manner of his
Death, ibid. 160 (note) e.
RICHARDS, Sir Richard, Chief Baron of the
Exchequer.: — His Charge to the Jury on the
Trial of John Thomas Brunt for Hfgh
Treason, in being concerned in the Cato-
Street Plot, 33 vol. 1305.
RICHARDS, Samuel. See Sacheverell, WiUiam.
RICHARDSON, John, Counsel, 29 vol. 1,
503. — His Argument in support of the Plea
in Abatement to the Jurisdictiod of the Court
in Judge Johnson's Case, 29 vol. 394.
' Sir John, Judge of
C. P. — He is one of the Judges named
in the Special Commission for the Trial of
the Conspirators in the Cato- Street Plot, 33
vol.711.
RICHARDSON, Sir Thomas, Chief Justice of
C. P. 4 Car. 1, 1 vol. 359, 371, 374, 401.
■ Chief Justice of
K. B. 8 Car. 1. — His Speech on delivering
his Opinion in the Star Chamber, respecting
the Sentence of the Court on Henry Sher-
field for breaking a Window in a Church, 3
vol. 543. — His Speech on delivering his
Opinion in the Star Chamber respecting the
Sentence of the Court upon rrynne for
writing "Histrio-mastix," ibid. 577.
RICHMOND, James, Duke of.—Proceedings
against him in Parliament as a Malignant
and an evil Counsellor to the King, 17 Car. 1,
1641-2, 4 vol. 111. — ^The Commons propose
to the Lords to join them in a Petition to the
King to remove him from his Offices, ibid.
114.— His Defence, ibid. 115.— Upon hear-
ing the Evidence, Uie Lords resolve not tQ
join in the Petition^ ibid. 120,
tH[E STAT
lUCHMOND^ Duke of.— -His Evidence on
Hardy's Trial, 24 vol. 1047.— His celebrated
Letter to Colonel Sharman on Parliamentary
Reform, ibid. 1048.
BICKHILL, Sir William, Judge of C. P. 21
Ric 3. — He is commissioned by Richard the
Second to take the Confession of Thomas
Dake of Glocester, 1 vol. 131.
RIGBY, Mr.— His Speech in the House of
Commons in Answer to Lord Keeper Finch's
Defence of himself, 4 vol. 8.
RING, William. See Fendey^ John,
ROBERTSON, Andrew. See Green, Captain
Thomas. /
ROBERTSON, George.— His Trial in the
Court of Justiciary for neglecting to pray
for tlie King, when performing Public Wor-
ship at a Meeting-House, 1 Geo. 1, 1715, 17
voL 781. — The Indictment, ibid. ib. — In-
. formation fortheKing's Advocate, ibid. 782.
— Information for the Panel, ibid. 785. — ^The
Court decide that the Libel is relevant, ibid.
787w— Evidence for the Prosecution, ibid.
788. — ^Verdict of the Assise, ibid. 790.— The
Court sentence him to desist from preaching
for three years under a Penalty of 500 Marks
for each contravention, ibid. ib.
ROBERTSON, James. See CidUnder, James
TAompion.
ROBINS, Mr.— His Speech in Defence of
Lord Chancellor Macclesfield upon several
of the Articles of Impeachment against him,
16 voL 1160, 1232.
ROCHE, Thomas Maxwell.— His Trial at
Dublin under a Special Commission of Oyer
and Terminer for High Treason, in being
concerned in the Irish Insurrection, 43 Geo.
3, 1803, ^8 vol. 753— -The Indictment, ibid.
ib. — Speech of the Attorney General for the
Prosecution, ibid. 756. — Evidence against
him, ibid. 758. — Mr. Mac Nally's Speech in
his Defence, ibid. 765. — Evidence for the
Defence, ibid. 771.— Charge to the Jury,
ibid. 772.— The Jury find him Guilty, ibid.
774. — He is executed, ibid. 776.
ROCHESTER, Bishop of. -See Atterbwy,
Dr. Francis. Fisher, Dr. John. Spratt, iSr.
Thomas.
ROCHFORD, Lord. See Bolet^, Anne.
ROE, Owen, 5 vol. 1003, 1204. See Regicides.
ROE, Richard. See KendaU, Thomas.
ROGERS, WilUam. See Cowper, Spencer.
ROKEBY, Sir Thomas, Judge of K^B. 8 Will.
3, la Tol. 1, 64, 451.
ROLLE, Henry, Chief Justice of the Upper
Bench during the Commonwealth, 5 vol. 344,
466. — ^Ludlow's Accountofthecircumstances
' which induced him to resign his Seat on the
Bench, 5 vol. 936.— Whitlocke calls him
VOL. XXXIV.
E TRIALS* 113
'^a wise and learned Man,'^ ibid. 466
(note).
ROMILLY, Samuel, Counsel. — His Speech in
Defence of John Binns on his Trial at War.
wick for uttering Seditious Words, 26 vol.
614.
Sir Samuel, Solicitor General.—
His Speech on summing up the Evidence
for the Commons on the Impeachment of
Lord Melville, 29 vol. 1150.^ — His Vindica«
tion of the Maidm that it is better that ten
guilty Persons should escape than that one
innocent Man should suffer, 7 vol. 1529
(note).
ROMSEY. SeeRumsey.
ROOKE, Giles, Serjeant at Law. — His Speech
for the Prosecution on the Trial of William
Winterbotham for preaching a seditious
Sermon, 22 vol. 826. — His Speech in Reply
in the same Case, ibid. 869.
I Sir Giles, Judge of C. P. 35 Geo. 3,
— His Charge to the Jury on the Trisd of
Henry Redhead, otherwise Henry Yorke,
for being concerned in a treasonable Con-
spiracy, 25 vol. 1149. — He is one of tlie
Judges who sit under tlie Special Commis*
sion for the Trial of Governor Wall for
Murder, 28 vol. 51 .
ROOKWOOD, Ambrose. See Winter, Robert.
— He was one of the Conspirators in the
Powder Plot, 2 vol. 159.
ROOKWOOD, Ambrose.— His Trial for High
Treason in being concerned in the Assassina-
tion Plot, 8 Will. 3, 1696, 13 vol. 139.— The
Indictment, ibid. ib. — He pleads Not Guilty,
ibid. 142. — His Counsel ol^ect to proceeding
with the Trial, that the Copy of the Jury
Panel was not delivered two full days before
the Trial, and after the Return of the Venire,
ibid. 145. — ^The Court decide that it is un»
necessary that the Copy of the Jury Panel
should be delivered aner the Return of the
Venire, ibid. 152. — ^His Counsel object that
the Copy of the Indictment delivered ac-
cording to the Act of Parliament does not
contain the Caption, ibid. 114. — ^The Court
decide that the Objection is made too late
after Plea, ibid. 156. — His Counsel offer to
move to quash the Indictment after the Jury
are sworn and before Evidence is given,
ibid. 161.— The Court refuse to entertain the
Motion on the ground of its Irregularity in
point of time, ibid. 168.— Speech of the
Attorney General for the Prosecution, ibid.
178. — Evidence for the Prosecution, ibid.
182. — Sir Bartholomew Shower's Defence of
him, ibid. 201.— The Prisoner's Counsel
offer Evidence of the general bad Character
of one of the Witnesses for the Prosecution,
ibid. 209. — ^The Court allow them to shew
his general Character, but not to prove him
Guilty of particular Crimes, ibid. 211.—
Evidence for the Prisoner, ibid. 212.<^Lord
I
114
GENERAL INDEX TO
Holt's Charge to the Jury, ibid. 213.— The
Jury find him Guilty, ibid. 222. — ^Lord Holt's
Address on passing Sentence upon him and
the other persons convicted of the same
Treason, ibid. 308. — His Execution, ibid.
310. — Paper delivered by him to the Sheriff
at the place of Execution, ibid. 311.
ROSE, Sir John William, Recorder of London.
— ^His Address to Governor Wall on passing^
Sentence of Death upon him, 28 vol. 1349.
ROSEW£LL» Thomas.— His Trial at the Bar
of the Court of King's Bench for High
Treason in preaching a Seditious Sermon at
a Presbytenan Conventicle, 36 Car. 2, 1684,
10 vol. 147.— The Indictment, ibid. 149.—
He pleads Not Guilty, ibid. 152. — ^Evidence
against him, ibid. I59w — He takes sevend
Objections to the form of the Indictment,
which are overruled, ibid. 180. — ^His Speech
2D his Defence, ibid. 183. — Evidence for
him, ibid. 190^ — He sums up the Evidence
for his Defence, ibid. 233. — Chief Justice
Jefferies charges the Jury, ibid. 237. — The
Jury find him Guilty, ibid. 259. — He objects
in arrest of Judgment, that the treasonable
words laid in the Indictment are not alleged
to have been spoken of and concerning the
King, ibid. 260.— The Court assign him
Counsel to argue the Objecti6n, ibid. 264. —
Arguments of Counsel for and against the
Objection, ibid. 269.— The Court defer their
Judgment till the next Term, when he pleads
a Pardon, ibid. 302. — The Pardon, ibid.
303. — Burnet's Account of these Proceed-
ings, ibid. 147 (note).
ROSS, George. See Vint, John.
ROTHERAM, John, Counsel.— He draws the
Plea offered to the Court by Colonel Sidney,
9 vol. 822. — Jefferies's Conduct towards him,
when pleading for Richard Baxter, 11 vol.
499.
Serjeant at Law. — ^His
£3caminatioa before the Committee of Lords
appointed in 1689, to examine into the
Murders of Colonel Sidney, Lord Russel, and
others, 9 toI. 988.
ROURKE, Felix.— His Trial at Dublin under
a special Commission of Oyer and Terminer
for High Treason in being concerned in the
Irish Insurrection, 43 Geo. 3, 1803, 28 vol.
925. — ^The Indictment, ibid. ib. — Speech of
the Attorney General for the Prosecution,
ibid .928. — Evidence for the Prosecution,ibid.
930. — Mr. Curran's Speech for the Prisoner,
ibid. 945. — Evidence for the Prisoner, ibid.
950. — Mr. Ponsonby's Speech on summing
up the Evidence for the Prisoner, ibid. 969.
— Reply of the Solicitor General, ibid. 980.
— ^The Jury find him Guilty, ibid. 992. —
Mr. Baron George's Address on passing
Sentence of Death upon him, ibid. 992.- He
is executed, ibid. 996.
ROUSE, John.— His Information respecting
the Rye-House Plot, 9 vol, 490.— His Trial
at the Old Bailey for High Treasan in faeiqgi
concerned in the Rye-House Plot, 35 Car.
2, 1683, ibid. 637.— The Indictment, ibid.
ib. — He is arraigned with William Blagne,
and pleads ^ot Guilty, ibid. 638.— He is
tried alone at his own desire, ibid. 639.—
Evidence against him, ibid. 641. — Hts De-
fence, ibid. 647.— He is found Guilty, ibid.
654. — His Sentence and Execution, ibid.
668.
ROWAN, Archibald Hamilton.— Proceedhigs
on the Trial of an Ex-ofiicio Information
filed against him in the Court of King's
Bench in Ireland for a Seditious libel, 33
and 34 Geo. 3, 1793-4, 22 toI. 1033.— The
luformation, ibid. ib. — ^The Attorney Gene-
ral's Speech for the Prosecution, ibid. 1040.
—Evidence for the Prosecution, ibid. 1054^
—-Evidence for the I>eflendant,ibid. 1064.—
Mr. Currants Speech for the Defendant,ibid.
1066. — Mr. Prime Serjeant's Reply, ibid.
1097. — Lord Clondleirs Charge to the Jnty,
ibid. 1107.— The Jury find him Guilty, ibid.
1119. — ^Affidavits in support of a motion for
a New Trial, ibid. 1 120. — Arguments on the
motion for a New Trial, ibid. 1128.— Judg-
ment of the Court affirming the Verdict,
ibid. 1163.— Mr. Hamilton Rowan's Speech
on being called upon for Judgment, ibid.
1180.— Account of his Escape from Prisdn,
ibid. 1186. — He receives a Pardon, ibid.
1189.— Proceedings in Scotland against him,
23 vol. 750 (note).
ROY Rada Chum. See Nundoeomar.
RUDYARD, Sir Benjamin.— His Speech in
the House of Commons in the Debate on the
Liberty of the Subject, occasioned by the
Imprisonment of Sir 'Iliomas Darnell and
others for refusing to lend upon the Com-
mission of Loans, 3 vol. 62. — His Speech in
the House of Commons in the Debate on tiie
same subject, previously to drawing up the
Petition of Riglit, ibid. 173.
RUMBOLD, Colonel Richard,— Proceedings
in the Court of Justiciary against him for
High Treason, in being concerned in the
Rye-House Plot and Argyle's Rebellion, 1
Jac. 2, 1685, 11 vol.873.— The Indictment,
ibid. 875.— He is found Guilty, ibid. 678^
Account of his Execution, ibid, ib.— Wod-
row's Account of the mode of his App|«-
hension^ ibid. 873 (note).— Lord Fottntaitt-
hall's Account of these Proceedings, ibw.
881.— Mr. ?ox's Account of Rumbolffs
Case, ibid. 882.
RUMLEY, William. See Wukeim,SitOmp'
RUMSEY, Colonel John.— His E»min»tios
and Informations respecting the Bye-HonjJ
Plot, 9 vol. 374, 437.— His Evidence on tW
Trial of Walcot, ibid. 52&— His £vid»oe
on the Trial of Lord Russel, ibid. ^Sfi-Tff
Evidence on the Trial of ColonelSidneyy^l^^
847.
THE STATE TRIALS.
iU
mUSHOUT, Sir Jbh]i.-^His Speeeh in the^
House of Lords as one of the Managers for
the CommoQSi in sapport of several of the
Articles of Impeachment against Lord
Chancellor Macclesfield^ 16 ¥01.955.
RUSSEL, WilHam. See Anderson, JUonel
RUSSEL, WilUam, Lord.— His Examination
in the Tower respecting the Rye^Honse
Plot, 9 Tol. 488. — Burnet's Account of his
Apprehension, ibid. 500. — ^His Trial at the
Old Bailey for High Treason, in being con-
cerned in the Rye-House Plot, 35 Car. 2,
1683, ibid. 577. — The Indictment, ibid., 578.
— He pleads Not Guilty, ibid. 581. — Lady
Russel assists him by taking Notes, ibid. 584.
—He objects to Jurors not having a free-
hold of 40s. per annum, and Counsel are
assigned him to argue the Objection, ibid.
585.— Argument of his Counsel, ibid. 586.
'-Argument of the King's Counsel against
the Objection, ibid. 589. — ^The Court
decide against the Objection, ibid. 591.*—
The King's Counsel open the Case, ibid.
594. — Speech of the Attorney General (Sir
Robert Sawyer), for the I^rosecution, ibid.
595.—- Colonel Rumsey's Evidence against
liim, ibid. 596. — Lord Howard's Evidence,
ibid. 602. — Evidence for Lord Russel, ibid.
619.— Eiddence of Lord Howard's repeated
Declarations that he knew nothing about
the Plot, ibid/ 620.— Dr. Burnet's £vi-
dence, ibid. 6!el. — Lord Russel's Address
to the Jury, ibid. 625. — ^The Counsel for
die Pfoseeation reply, ibid. ib. — Chief
Justice Pemberton's Charge to the Jury,
ibid. 635. — ^The Jury find him Guilty, ibid.
636. — Summary Account of this Trial from
Narcissus Luttrell's MSS. ibid. 1009.— He
is brought up for Judgment, ibid. 666. —
Judgment against him, ibid. 667. — ^The King
remits the whole of the Sentence except be-
heading, ibid. 684 (note). — ^The King's un-
feeling Speech on remitting part of his Sen-
tence, ibid. ib. (note).*-^Petitions of the Earl
of Bedford and Loitl Russel for Lord Ros-
sePs life, ibid. 686 (note).— Lord Russel's
Letter to the Duchess of York, ibid. 687
^ote). — His Letter to the King, delivered
after his Death, ibid. 688 ^note). — ^Lady
Russel's Letter to the King, ibid. ib. — His
Execotien, ibid. 683. — Paper delivered by
htm to the Sheriff at the place of Execution,
ibid. 685. — Luttrell's Account of bis Exeeu-
tiouy ibid. 1010. — Mr. Fox's Remark upon
the Story of the last days of his Life, ibid. 688
(note).<^-Act of Parliament for rerersing his
Attainder, ibid. 695.— Burnet's Account of
his Trial and Execution, ibid« 505.^— The
''Case of WiUiam Lord RusseV ibid. 695.
•—Sir Bartholomew Shower's '^Antidote
against Poison," being Remarks upon the
Paper delivered by Lord Russel to the
Sheriff ibid. ro9.-^rRobert Atkins's ** De-
fence of Lord Russel's Innoceney/^ ibid. 719.
-*-Sir B. Shower's ^ Magistracy and Grovem*
amt U England vindicated^" ibid. 741.^
-~" Further Defence of Lord Rossiers Infto-
cency," ibid. 783.— Sir John Hawles's Re-
marks upon Lord Russel's Trial, ibid. 7^3.
' —The Depositions of seyeral persons con^
nected with this Trial, and those of Algernon
Sidney, Sir Thomas Armstrong, and Mr.
Cornish, before a Committee of the House
of Lords after the Revolution, ibid. 951.
RUtHVEN, Alexander and Henry. See
Gowrie, John, Earl of,
RYAN, John. See Goldmg, Jokn.
RYDER, Sir Dudley, Attorney General, 20
Geo. 2. — His Speech for the Prosecution on
the Trial of Francis Townley for High Trea-
son, in being concerned in the Rebellion of
1745, 18 vol. 335. — His Speech in the House
of Lords as one of the Managers for the
Commons, on the Trial of the Impeachment
of Lord Lovat, ibid. 559.— His Argument
in favour of the admissibility of the Evi^
dence of Murray of Broughton on that Trial,
ibid. 619. — His Speech for the Prosecution
on the Trial of William Owen for a Libel,
ibid. 1220.
SACHEVERELL, Dr. Hcnry^— A Summary
Account of the Proceedings in Parliament
rdiating to his Case, 15 vol. 1. — Burnet's
Account of his Character and of the Pro-i
ceedings against him, ibid. 7 (note). — His
Trial in Westminster Hall upon an Impeach '
ment by the Commons for High Crimes and
Misdemeanours, in preaching seditious Do^
trines in two Sermons delivered at Derby
and at St. Paul's, 9 Anne, 1710, ibid. 86.—
Articles against him, ibid. 37.*— His Answer
thereto, ibid. 40. — Replication of the Com«
mons, ibid. 52. — Speech of Sir James
Mountague (Attorney General), for the
Coiiimons on opening the Articles of Im-
peachment generally, ibid. 53. — Mr. Lech-
mere's Speech on the same side, ibid. 59.—*
Dr.Sacheverell's Counsel admit the* public
cation of the Sermons, ibid. 68.— The Dedi-
cation of the D^rby Sermon, ibid. ib. — ^The
Dedication of the Sermon preached at St.
Paiil's, ibid; 69. — The Sermon preached at
St. Paul's, ibid. 71.— Sir Joseph Jekyll's
Speech in support of the First Article of Im-
peachment, charging him with traducing the
Principles of the Revolution, and denying
the lawfulness of Resistance, ibid. 95. ---Sir
John Holland's Speech in support of the
First Article, ibid. 110.— Mr. Walpole's
Speech, ibid. 112. — Sir John Hawles's
Speech, ibid. 116. — General Stanhope's
Speech, ibid. 126.— Sir Peter King's Speech
in support of Uie Second Article of Impeach-
ment, clmrging him^with preaching against
Toleration and Liberty of Conscience, ibid.
134.— Lord William Paulett's Speech, ibid.
151.— Mr. Cooper's Speech, ibid. 152. — Mr.
Thompson^ Speech in support of the Third
Article, charging him with arraigning the
Resolution of Parliament in 1705, asserting
the Security of the Church of England^ ibid,
X %
JIW
GENERAL IINDEX TO
157.-^Mr.'Cdnp%6n'8 Spieechy ibid. 194. —
Mr. Dolben's Speech, ibid* 167. — Serjeant
Parker's Speech in support of the Fourth Ar«
ticle, charging seditious Suggestions against
the Government, ibid. 169. — ^Mr. Secretary
Boyle's Speech, ibid. 186.— -The Chancellor
of the Exchequer's Speech, ibid. 188. — Mr.
Lechmere's Speech, ibid. 191. — ^The Mana-
gers for Uie House of Commons close their
Case, ibid. 195. — Sir S. Harcourt's Speech
in his Defence to the First Article, ibid. 196.
— Mr. Dodd's Speech, ibid. 213. — Mr.
Phipps's Speech, ibid. 222.— Mr. Dee's
Speech, ibid. 237. — Dr. Henchman's Speech,
ibid. 240. — Extracts from Sermons and
Homilies asserting Non-resistance to be a
Doctrine of the Church of England, read in
his Defence to the First Article, ibid. 244.
— Mr. Dodd's Speech in his Defence to the
Second Article, ibid. 292. — Mr. Phipps's
Speech, ibid. 295. — Mr. Dee's Speech, ibid.
302. — Dr. Henchman's Speech, ibid. 304« —
Evidence in support of the Defence to the
Second Article, ibid. 309. — ^Mr. Dodd's
Speech in his Defence to the Third Article,
ibid. 318. — Mr. Phipps's Speech, ibid. 320.
— Mr. Dee*8 Speech, ibid. 327.^— Dr. Hench-
. man's Speech, ibid. 329. — Evidence of
. blasphemous and heretical Publications in
. support of the Defence to the Third Article,
ibid. 331. — ^Mr. Dodd's Speech in his De-
fence to the Fourth Article, ibid. 344. — Mr.
. Phipps's Speech, ibid. 34T. — Mr. Dee's
. Speech, ibid. 354.—- Dr. Henchman'j Speech,
ibid. 357. — ^Proclamations against Profane-
ness and Immorality read in Evidence in
support of the Defence to the Fourth Article,
ibid. 359. — ^Dr. Sacheverell's Speech, ibid.
364.— Sir Joseph Jekyll's Speech in Reply
for the Commons to the Defence to the
First Article, ibid. 380.— The Solicitor
. Generars Speech, ibid. 396.-«Mr. Lech-
. mere's Speech, ibid. 406.— Sir Peter King's
Speech in Reply to Uie Defence to the
Second Article, ibid. 418. — Mr. Cooper's
Speech, ibid. 431. — Mr. Thompson's Speech
in Reply to the Defence to the Third Article,
ibid. 438.— Serjeant Parker's Speech in
Reply to the Defence to the Fourth Article,
. ibia. 447. — Question proposed to the Judges
at the suggestion of the Earl of Nottingham,
ibid. 466.— The Lords resolve that the Com-
mons have made good their Articles of Im-
peachment, ibid. 468.— They find Dr. Sache-
verell Guilty by a majority of Seventeen,
ibid. 470. — He pleads in arrest of Judg-
ment, ibid. 471.— Mr. Hatsell's Account of
the Dispute between the Blade Rod and the
Speaker, oji the Speaker's going up with the
Commons to the House of Lords to demand
.Judgment, ibid. 472 (note).— The Lords
overrule the ppints taken in arrest of Judg-
ment, and pass Sentence, ibid. 473.-^He is
sentenced not to preach for Three years, and
his Sermon* are ordered to be , burned by
the common Hangman, ibid. 474.— L<«pd
Haversham's Speech in the House of Loids
on tbe First Article of Impeachment, tbiS*
475.— The Bishop of Salisbury (Buniet's>
Speech, ibid. 480.— The Bishop of Oxford's
Speech, ibid. 494.— The Bishop of Dncoln's
Speech on the Second Article, ibid. 503. —
Tne Bishop of Norwich's Speech, ibid« 516«
—^Protests i^inst the Resolutions of the
Lords in this Case, ibid. 32. — After the ex-
piration of the term of Silence imposed upon
him by the Sentence, he is presented to the
Rectory of St. Andrew's Holbom, by Qaeen
Anne, ibid. 474.
SACHEVERELL, William. ~Hb Trial with
several others for a Riot and Consph^cy at
the Election of Mayor for the Town of
Nottingham, 36 Car. 2, 1684, 10 vol. 29. —
The Information, ibid. 31. — ^The King's
Counsel open the Case, ibid. 36. — Mr.
PoUexfen, for the Defendants, objects to the
Evidence of Members of the new Corpora-
tion, as the merits of the Case turned upon
the validity of the Charter of that Corpora*
tion, ibid. 39.. — The Objection is overruled
by &e Court, ibid. 40. — Evidence for the
Prosecution, ibid. 41.— *Mr. Pollexfen's
Speech for the Defendants, ibid. 65. — Evi-
dence for the Defendants, ibid. 71. — Chief
Justice Jefferies's Charge to the Jury, ibid.
92. — ^The Jury find them all Guilty excepting
one, ibid. 96. — Their several Sentences, ibid»
ib. — Mr. Sacheverell's Statement of the
Case of the Corporation of Nottingham, ibid.
95.
SAINT ALBANS, Viscount. See Bacon, Sir
Francit.
SAINT ASAPH, Dean of, 21 vol. 847. See
Shipley, William Davies,
SAINT JOHN, Oliver, Counsel. See Bedford,
Earl of, — His Case on an Information in
the Star-Chamber for publishing a Paper
against a Benevolence collected under
letters of the Privy Council, 13 Jac. 1, 1615,
2 vol. 899. — Mr. Hiu^ve's Introduetocy
Note to this Case, ibid. ib. — ^Mr. Saint
John's Letter to the Mayor of Marlborough,
which formed the subject of this Prosecution,
ibid. 900. — Sir Francis Bacon's Speech for
the Prosecution, ibid. 902.— His Argument
for Mr. Hampden in the Great Case of Ship-
Money, 3 vol. 856. — ^His Speech on deliver-
ing the Resolutions of the House of Com«
mons against Ship-Money, at a Conference
of both Houses of Parliament, ibid. 1262.*-
His Argument for the Bill of Attainder
against Lord Strafford, ibid. 1477.— Lord
Clarendon's Account of him, ibid. 856_(note).
— He was Chief Justice of the Common
Pleas during the Protectorate, 5 vol. 946.
SAINT LkOER, Sir John. See Gilbert,
Jeffery,
SALISBURY, James, Earl of.— Proeeedings
in Ptoliament against him and Henry» Eirl '
of Peterborough, on an Impeachment (^High
Treason^ for departlDg from their AUegiaace
THE STATE TRIAlS.
117
«nd being reconciled to the Church of Rome,
1 and 2 Will, and Mary, 1689-1690, 12 vol.
t9^3.-^Tbey are brought severally to the
Bar of the House of Lords, ibid. 1234, 1235.
. — They are committed to the Tower, ibid.
1235. — They remain in the Tower for nearly
two years, daring which time a Dissolution
and several Prorogations of Parliament take
place, and then are discharged, ibid. 1238*
SALISBURY, John. See Burleigh, ^ Simon.
^SALISBURY, Mary. See Noble, Richard.
SALISBURY, Thomas. See Babington, Atir
SALMON, Francis. See SachevereU, William.
SALMON, James. See Macdahiel, Stephen.
SANCHAR, Lord. See Spnquire, Lord.
SANCROFT, Dr. William, Archbishop of
Canterbury. See Seven Bt<A(^.'— Granger's
Account qI him, 12 vol. 183.
SANDYS, Sir Thomas. See Monopolies, Ca$e
of.
SANQUIRE, Lord.— Proceedings on his Ar-
raignment at the Bar of the Court of King's
- Bench for being accessary to the Murder of
John Turner, 10 Jac. 1, 1612, 2 vol. 743. —
. £ennet*8 Account of the Circumstances which
led to the Murder, ibid. ib. (note).— The
Indictment, ibid. 744.^ His Address to the
Court, confessing his Guilt, ibid. 746.—
Sir Francis Bacon's Speech, ibid. 750.— Mr.
Justice Yelverton's Address on passing Sen-
. tence of Death upon him, ibid. 753. — His
Execution, ibid. 754.>-Lord Coke's Report
of Lord Sanquire^s Case, ibid. 755. — His
Account of the Facts, and of the difficulties
of this Proceeding, ibid. 761. — ^LordSanquire
y demands his Trial in the House of Lords,
but is denied, not being a Peer of Parlia-
ment, ibid. 755.
8ARUM, Countess of. — She is beheaded for
denying the King's Supremacy, and holding
correspondence with the Pope, 31 Hen. 8,
1539, 1 vol. 482.
SAUNDERS, Edmund, Counsel, 8 vol. 779,
1378. — His Speech in Defence of Anne
Price, on her Trial with John Tasborough for
endeavouring to suppress the Evidence of
the Popish Plot, 7 vol. 906. — He is assigned
as Counsel to Lord Stafford and the other
. Popish Lords, ibid. 1242. — His Argument
for the Crown against the Plea in Abate-
ment in Fitzharris's Case, 8 vol. 270. — He
moves the Court of King's Bench to dis-
charge the Earl of Danby on Bail, 11 vol.
831.
— — — Sir Edmund, Chief Justice of
K. B. 35 Car. 2. — Memorandum of his pro-
' motion to the Bench, from Sir Thomas Ray-
' motid's Reports, 31 vol. 607.— His Charge
' to the Jury on the Trial of Pilkington and
•' others for a Riot in ^th^ Common Hall on
occasion of llhe Election of Sheriffs for
London, 9 vol. 288. — His Charge to the
Jury^on the Trial of Sir Patience Ward for
Forgery, ibid. 346.— Burhetsavs that ** he was
a learnt, but a very immoral Man,'' B vol.
1039 (note). — Roger North's curious Account
of his Or^n and Character, 9 Toi. 22<6
(note).
SAUNDERS, Sir Edward, Judge of C. P. t
Mary, 1 vol. 869.
' Chief Baron of the
Exchequer, 14 Eliz. 1 vol. 957.
SAUTRE, William.— Proceedings against hiik
for Heresy before a Convocation of Bishops,
2 Hen. 4, 1400, 1 vol. IdS.'^Arttcles against
him, ibid. 165. — His Answers thereto, ibid.
165. — Sentence against him,'ibid. 168.— His
Recantation, ibid. 169. — Sentence of De-
gradation pronounced against him, ibid. 171.
— His formal Degradation from the Priest-
hood, ibid. ib. — The writ De Httrelico Com-
biirendo is issued against him, ibid. 173.—
The Writ De Hseretico Comburendo was in
this Case a Special Act of Parliament, ibid«
174.
SAVAGE, John. See BabuigUm, Anthin^.
SAWYER, Sir Robert, Counsel.— His Speech
for the Prosecution on the Trialof Sir George
Wakeman for High Treason, in being con-
cerned in the Popish Plot, 7 vol. 599.
—*-——— Attorney General, 33
Car. 2, 8 vol. 453, 775, 9 vol. 236, 300, 10
vol. 3, 133, 162, 311, 323, 557, 11 vol. 391.
—His Argument, against the. Plea in Abate-
ment in Fitzharris's Case, 8 vol. 243.---His
Speech for the Prosecution on the Trial of
Fitzharris, ibid. 340.--His Speech for the
Prosecution on the Trial of Colledge, ibid.
589.— His Argument for the Crown in the
Case of the Quo Warranto against the City
of London, ibid. 1147.— His Speech for the
Prosecution on the Trialof Ford Lord Grey,
and oUiers, for carrying away Lady Henrietta
Berkeley, 9 vol. 132.— His Speech for the
Prosecution on the Trialof Walcot for High
Treason in being concerned in the Rye*
House Plot, ibid. 522.— His Speech for the
Prosecution on the Trial of lord Williato
Russel, ibid. 595.— His Speech for the Pro-
secution on the Trial of Algernon Sidney,
ibid. 838.— His Speech for the Prosecution
on the Trial of John Hampden for a Misde-
meanour, ibid. 1062.— His, Speech for the
Prosecution on the Trial of Braddon and
Speke, ibid. 1130.— He moves the Court of
King's Bench for Execution agaius^ Sir
Thomas Armstrong on the Record of his
Outlawry for High Treason, 10 vol. 109. —
His Argument for the East India Company
in the Great Case of Monopolies, ibid. 457.
—His Speech for the Prosecution on Gates's
First Trial for Perjury, ibid. 109a— His
Speech on Gates's Second Trial, ibid. 1240.
—His Speech for the Prosecution o» the
119
GENERAL INDEX TO
Trial of Lord Delamere, 11 toI. 598 <— His
proper Conduct, on being required by James
. the Second to draw up a Warrant to invest
a Popish Priest with a Benefice, ibid« 1192
(note). — ^His Speech for the Defendants on
the Trial of the Seven Bishops, 12 vol. 358.
— Burnet's Character of h^n, 8 vol. 1039
(note]).— He was expelled the House of
Commons after the Revolution, for being
concerned in the Proceedings upon Sir
Thomas Armstrong's Outlawry, 9 vol. 935
. (note), 10 vol. 119.— Mr. Hargrave's fie.
marks upon him, 10 vol. 117 (note).
KAYER, Dr.— His Speech in Defence of Lord
Chancellor Macclesfield on the Trial of his
Impeachment, 16 vol. 1105.
SAYER, Mary. See Nohlcy Bkhard.
j^AYRE, Stephen. — ^Trialofan Action brought
by him against the Earl of Rochford, one of
. His Majesty's Secretaries of State, for false
Imprisonment, 17 Geo. 3, 1777, 20 vol.
1285.— Counsel for the Plaintiff and for the
Defendant, ibid. ib. — Abstract of Mr. Ser-
jeant Glynn's Speech for the Plaintiff, ibid.
1287 (note).— Evidence for the Plaintiff,
ibid. 1287. — Abstract of the Speech of the
Attorney General (Thurlow) for the Defend-
ant, ibid. 1300 (note). — Evidence for the
Defendant, ibid. 1301.— Abstract of Mr.
. Serjeant Glynn's Speech in R^plv,ibid. 1311
(note). — Chief Justice De Grey's Charge to
the Jury, ibid. 1312 (note).— The Jury
return a Verdict for the Plaintiff with l,000r.
Damages, subject to the Opinion of the
• Court upon two Questions, ibid. 1811. — ^The
' Court give Judgment for the Defendant,
ibid. 1316.
SCARLETT, James, Counsel.— His Speedy in
the Court of King's Bench in mitigation of
Punishment in the Case of John Hatchard,
32 vol. 735.
SCHOFIELD, John. See LaddUa.
SCOT, Thomas, 5 vol. 1004, 1058, 1272. See
Tiegicideh.
SCOTT, Alexander. See JUinrgoro^, Misurice.
Gerraldy Joseph, Skirvingf William, — Pro-
ceedings against him in tne High Court of
Justiciary for Sedition, in belonging to an
unlawful Society, 34 Geo. 3, 1794, 23 vol.
383. — The Indict nent, ibid. ib. — He is out-
lawed for non-af earance, ibid. 391.
SCOTT, John, Counsel.— He was of Counsel
for Mr. Bembridge on his Trial for Miscon-
duct as a Clerk in the Navy Pay Office,
22 vol. 61.— His Argument for a New Trial
in that Case, ibid. 90.
•— r — Sir John, Solicitor General, 22 vol*
309, 380.
Trial of Eaton for publishing Paine's ^Letter
to the Addressers on the Late ProclamatioD/'
ibid. 791. — HisSpeech in Reply in thetame
case, ibid. 813. — ^His Speech for the Prose-
cution on Hardy's Trial for High Treasoo,
24 vol. 241. — His Reply for the Prosecution
on the Trial of Horne Tooke for High
Treason, 25 vol. 497. — His Speech for the
Prosecution on Stow's Trial for HighTreason^
ibid. 1170. — His Speech for the Prosecutioii
on Crossfield's Tnal for High Treason, 26
vol. 11 . — His Reply in the sa,me Case, ihid.
168. — His Speech for the Prosecution on the
Trial of O^Coigly and others for High
Treason, ibid. 1245.^ — His Speech for the
Prosecution on the Trial of Cutbell for a
Libel, 27 vol. 654. — His Speech for the
Prosecution on the Trial Of LordThanet and
others for a Riot, ibid. 829.
SCOTT, Sir William, Judge of theAdmiradty
Court. — His Charge to the Grand Jury at
the Admiralty Sessions, previously to the
Trial of Codling and others for feloniously
casting away a Ship at Sea, 28 vol. 178.
SCROGGS, Sir WilUam, Counsel, ^ y^U
876.
. ' ' Chief Justice of
• — . ■ Attorney General. — His
Speech for the Prosecution on the Trial of
John Binns for Seditious Words, 22 vol. 474.
•—His Speech in Reply in that Case, ibid.
609.— :His Speech for the Pwjiecutiou on the
K. B. 30 Car. 2, 7 vol. 714,767.— His Charge
to the Jury on the Trial of William Stayley for
being concerned inthe Popish Plot,6 vol.1 508.
— His Charge to the Jury on the Trial of Cole-
man, 7 vol, 66. — ^His Charge to the Jury on
tbeTrial of Ireland and otiiers, ibid.l 30. — His
Charge to the Jury on the Trial of Green and
others for the Murder of Sir Edmondbury
Godfrey, ibid. 213.— His Charge to the Jury
on the Trial of Whitebread and others for
being concerned in the Popish Plot, ibid.
411. — ^His Charge to the Jury on the Trial
of Richard Langhorn, for being concerned
in the Same Plot, ibid. 479. — His Charge to
the Jury on tlie Trial of Sir George Wake-
man and others for b^ng concerned ia the
same Plot, ibid. 681. — His S^peech in the-
Court of King's Bench on holding several
' persons to Bail for a Libel upon himself, il)id.
701.— His intemperate Conduct on the Trial
of Andrew Brommich, a Romish Priest,
ibid. 725. — His Charge to the Jury on the
Trial of Harris for publishing a seditious
Libel, ibid. 929. — His illegal Conduct on
Francis SmitVs Application to be admitted
to Bail on a Charge of Libel, ibid. 955.—*
His Chaige to the Jury on the Trial of ihe
Earl of Castleraaine for being concerned in
the Popish Plot, ibid. 1107. — He was at first
a zealot in the Prosecution of persons accused
of being concerned in the Popish Plot, but
when he found the King and Court averse to
these Prosecutions, he altered his conduety
ibid. 1054 (note). — ^Proceedings against him
before the Privy Council, 31 Car. 2, 1679,
8 vol. 163. — Articles exhibited against him
by Gates and Bedlow, ibid. ib. — His Answer
thereto,ibid. 172.^Prooeedings against him
THE STATE TRIALS.
110
♦ ' • • •
in Paiiiftment for dischar^ng a Middlesex ^
Grand Jury , in order to prevent their present-
ing tbe Duke of York as a Papist, 32 Car.
2y 1680, ibid. 174. — The House of Commons
resolve to impeach him, ibid. 195.-^Articles
of Impeachment against him, ibid. 197.—
Debate in the House of Commons upon these
Articles, ibid. 201 . — He is ordered tp find
Bail for his appearance in tlie House of
Lords to answer the Impeachment, ibid.
212. — ^His Answer to the Articles of Im-
peachment, ibid. 215. — He is removed from
his Office, and receives a Pension for life,
ibid. 216. — Roger North's Account of him,
ibid. 168 (note). — Burnet's Character of him,
6 vol. 1425.
SCROOP, Adrian, 5 vol. 1004, 1034, 1298.
See Regicides.
SEAFORTH, Kenneth, Earl of.— Proceedings
against him in the Court of Justiciary for
Treason, 9 Will. 3, 1697, 13 vol. 1445.— He
' is discharged upon giving Security for his
good behaviour, ibid. 1449«
SEATON, Archibald. See Stirling, James.
SEDLEY^ Sir Charles, Bart.— Summary Ac-
count of the Proceedings in the Court of
King's Bench against him for Obscenity, 15
Car. 2, 1663, 17 vol. 155 (note). — He con-
fesses the Indictment, ibid. ib. — He is fined
2,000 Marks, and imprisoned for a Week,
ibid. ib.
SELDEN, John, Counsel. See Bedford, Earl
rf. — His Argument for Sir Edmund Hamp-
den in the Court of King's Bench, on the
Habeas Corpus brought by him and others
to try the vaJidity of their Commitment for
refusing to lend upon the Commission of
Loans, 3 vol. 16. — His Speech in the House
of Commons in the Debate on the Liberty
of the Subject previously to the Petition of
Rights, ibid. 78.— His Argument at the
Conference between the two Houses of Par-
liament respecting the Liberty of the Sub-
ject, ibid. 94. — Proceedings in the House of
Commons against the Earl of Suffolk for
charging him with razing a Record, ibid. 156.
^-His Argument at a Committee of Lawyers
appointed to draw up th^etition of Rights,
ibid. 175. — Proceedings in the Court of
King's Bench, upon a Habeas Corpus sued
out by him to try the validity of his 'Com-
mitment by the Lords of the (^Council for
resisting the King's Command for an Ad-
journment of the House of Commons, ibid.
236. — Mr. Littleton's Argument for his
Discbarge, ibid. 252.^- His own Argument,
ibid. 264.— Proceedings against him in the
Star-Chamber for publishing a scandalous
and seditious Writing, 6 Car. 1, 1630, ibid.
887« — He was one of the Managers for the
Commons on Lord Strafford's Trial, ibid*
1421* — Selden, Holbome, and Bridgman,
strongly oppose the Bill of Attainder against
Lord Strafford, ibid. 1469.
SELLERS^ John. See Tonge, Thmas
SEMPLE, John. — Proceedings against him,
John Watt, and Gabriel lliompson, in the
Court of Justiciary at Edinburgh for pub-
lishing a treasonable Declaration, 36 Car. 2,
1684, 11 vol. 949.— The Indictment, ibid,
ib. — ^The Declaration, ibid. ib. (note). — Ibey
are found Guilty, ibid. 974. — They are sen-
tenced to Death, ibid. 976. — Semple's Letter
to his Mother and Sister, ibid. 983. — Wod-
row's History of the Circumstances connected
with these Proceedings, ibid. 949 (note). —
Fountainhairs Account of these Proceed-
ings, 10 vol. 846 (note).
SEXBY, Colonel Edward.— His Confession of
his having instigated Miles Sindercome to
attempt to murder the Protector, 5 vol.
845 (note). — He dies in the Tower in 1658,
ibid. 846 (note). — Account of the Evidence
respecting his being the Author of the
Book called " Killing no Murder," ibid. 852
(note).
SEYMOUR, Edward.— He was active in the
Prosecution of Lord Clarendon, 6 vol. 323,
ibid. ib. (note).— Proceedings in Parliament
against him on an Impeachment for Mis-
conduct in his Office of Treasurer of the
Navy, 32 Car. 2, 1680, 8 vol. 127.— Arti-
cles of Accusation against him, ibid. 128.
— His Answer to them in the House of
Commons, ibid. 138.— The House resolve
to impeach him upon these Articles, ibid.
154. — Articles of Impeachment against him
read in the House of Lords, ibid. 160.— »His
Answer thereto, ibid. ib. — He petitions for
Counsel, who are assigned to him, ibid. 161 .
— ^The Dissolution of the Parliament puts an
end to the Proceedings, ibid. 162. — ^Bur-
net's Account of him, ibid. 180 (note).—
Dryden's Character of him under the name
of ** Amiel," in Absalom and Achitophel,
ibid. 136 (note).
Sir Edward. — His Speech in the
House of Commons in the Debate on the
Great Case of Ashby and White, 14 vol.
730.
SEYMOUR, Sir Francis.— His Speech in the
Debate in the House of Commons on the
Imprisonment of Sir Thomas Darnell and
others for refusing to lend upon the Com-
mission of Loans, 3 vol. 60.
SEYMOUR, Sir Thomas, Lord Seymour of Sud-
ley. — Proceedings in Parliament against him
for High Treason and other Misdemeanours,
2 and 3 Edw. 6,1 549,1 vol.483. — He marries
Catherine Parir, the Queen Dowager, and
obtains an influence over the mind of the
King, ibid. 484^— He is prosecuted by his
Brother, the Protector, ibid. 486. — ^Articles
against him, ibid. 487.— *0n the Articles
being]delivered to him, he demands an open
Trial,' ibid. 492. — ^His Answer to some of
the Articles, ibid. 493. — A Bill of Attainder
against him is passed in the House of
Lords, ibid. 494.— Some Opposition is made
130
GENERAL INDEX TO
to it io the Hcmse of Commons, ibid. ib.
(note). — ^The Bill passes the Commons^ ibid.
495 (note).— The Bill, ibid, 496.— The
Warrant for his Execution, ibid. 504. —
Passages from Latimer's Sermons respecting
his Executioni ibid. 505.
SHAFTESBURY, Anthony, Earl of.— His
Speech in the Honse of Lords in the De-
bate on Dr. Shirley's Case, 6 vol. IITI. —
Proceedings in the Cburt of King's Bench
on a Habeas Corpus sued out by hi&a on his
Commitment to the Tower by the House of
Lords, 29 Car. 2, 1677, ibid. 1269.— Ac-
counts of these Proceedings and the Circum-
stances from which they arose, by Burnet,
Kennett, and North, ibid. ib. (note).— The
Eeturn to the Habeas Corpus, setting out
an Order of the House of Lords for his
Commitment iot Contempts generally, ibid.
1270. — Mr. Williams's Argument against
the Return, ibid. 1276.— Mr. Smith's Argu-
ment on the same side, ibid. 1285. — Argu-
ments of Serjeant Maynard and the Attor-
ney and Solicitor General in support of the
Commitment, ibid. 1290. — Tlie Earl's Speech
in Reply, ibid. 1294. — Judgment of the
Court that they have no Jurisdiction to
. inquire into the validity of the Coromit-
ment, ibid. 1296. — ^The Earl makes a Sub-
mission to the House, ibid. 1297. — ^Extracts
fpom the Journals. of the House of Lords
respecting this Transaction, ibid. ib. — Reso-
lution of the House of Lords in 1680. con-
. demning these Proceedings, ibid. 1310. —
Proceedings at the Old Bailey on present-
. ing to the Grand Jury a Bill of Indictment
against him for High Treason, 33 Car. 2,
1681, 8 vol. 759.— Chief Justice Pem-
berton's Charge to the Grand Jury, ibid.
760. — ^The King's Counsel require that the
Evidence to the Grand Jury may be given
in open Court, to which the Court consents,
notwithstanding an. Objection by the Grand
Jury, ibid. 771. — ^The Indictment, ibid.
775. — Evidence against him, ibid. 780. —
The Jnry return the Bill Ignoramus, ibid.
821. — Accounts of this Proceeding by
Burnet and other Historians, ibid. 759
(note), B25, 827. — Sir John Hawles's Re-
marks on this Proceeding, ibid. 835. —
Dry den's Character of Lord Shaftesbury, ibid .
766 (note). — Mr. Fox's Notice of him, ibid.
767 (note).
SHARP, Dr. James, Archbishop of St.
Andrew's. — ^His treacherous Conduct in the
Case of Mitchell, 6 vol. 1207 (note).— Ac-
• counts of his Death by Burnet and Laing,
ibid. 1212 (note). — Wodrow's Particular
Account of his Assassination, 10 vol. 812
' (note). — ^Narrative of his Muider published
by Authority, ibid. 821 (note).— Trial of
David Hackstoun for being concerned in
his Mui*der, tbid. 791.
iSH ARPE, Dr. John. See Compton, Dr. Heitry,
SHARPLESS, John. See Mmenger, Peter.
SHEARES, Henry and John.— Their Itial at
Dublin, under a Special Commissioa of
Oyer and Terminer, for High Treasoo ia
being concerned in the Irish Rebellion, 38
Geo. 3, 1798, 27 vol. 255. — Counsel for
the Prosecution and for the Prisoners, ibid.
256.— The Indictment, ibid. 257.-- The
Counsel for the Prisoners move to quash
the Indictment, on the ground that one of
<he Grand Jury was an Alien, ibid. 265. —
The Court refuse the Application, ibid. 266.
— ^They plead in Abatement that one of the
Grand Jury is an Alien, ibid. 207. — Repli-
cation of the Crown, that the Grand Juror
objected to had taken the Oaths of Allegiance
and Supremacy, ibid. 268. — The Prisoners
demur to the Replication, ibid. 271. — Mr.
Currants Argument in support of the De-
murrer, ibid. ib. — Mr. Prime Serjeant's
Argument for the Replication, ibid. 281 .—-
Mr. Plunkett*s Argument for the Demurrer,
ibid. 282. — ^The Court give Judgment 'of
Respondeat Ouster upon the Demurrer, ibid.
285. — The Attorney General's Speech to
the Jury for the Prosecution, ibid. 292.-—
Evidence for the Prosecution, ibid. 306. —
Mr. Ponsonby's Speech in Defence of John
Sheares, ibid. 329. — Mr. Plunkett's Speech
in Defence of Henry Sheares, ibid. 340.--
Evidence for the Prisoners, ibid. 347.^ — Mr.
Curran's Speech on summing up the Evi-
dence for the Prisoners, ibid. 364. — Peculiar
circumstances attending the delivery of this
Speech, ibid. 363 (note). — ^Mr. Prime Ser-
jeant's Reply, ibid. 379< — Lord Carleton's
Charge to the Jury, ibid. 385. — ^The Juiv
find them Guilty, ibid. 392. — LordCarieton^
Address on passing Sentence upon them,
ibid. 395.-^Iney are executed, ibid. 397.
SHEILS, Alexander. See Archer, Thonuu.
SHEPHERD, Sir Samuel, Attorney General.
His Speech for the Prosecution on the Trial
of James Watson for High Treason, 32 vol.
26. — His Speech for the Prosecution on the
Trial of Jeremiah Brand reth, for High Treason
in being concerned in the Luddite Insurrec-
tion, ibid. 779. — His Speech in Reply on
the Trial of William Turner for the same
Treason, ibid. 1084. — ^His Speech for the
Prosecution on the Trial of Isaac Ludlam
for the same Treason, ibid. 1137.
SHERFIELD, Henry. — Proceedings against
him in the Star-Cbamber, for breaking a
painted Window in a Church at Salisbury,
8 Car. 1, 1632, 3 vol. 519w--Sir Robert
Heath (Attorney General) opens the In-
formation against him, ibid, ib.— Mr. Hemes'
Speech in his Defence, ibid. 520. — His
Ajnswer to the Information, ibid. 522. —
Depositions of the Witnesses for the Prose*
cution, ibid. 525.^--Mr. Herbert's Speeph
for the Defendant, ibid; 528. — Evidence for
the Defendant, ibid. 530. — ^The Attorney
General's Reply, ibid. 536. — Speeches of
the different Members of the Court on
delivering their Opinions respecting the
THE STATE TRIALS-
121
, Sentence, ibtd;539<. — Bishop Laud's Speech,
^d. 548. — Sentence of the Court upon him,
ibid^ 562.
SHERIDAN, Dr. Edward .-^-Proceedings in
the Court of King's Bench in Ireland against
him and Thomas Kirwan for Offences
against the Stat. 33 Geo. 3, c. 29, called
the Irish Convention Act, 52 Geo. 3, 1811,
1812, 31 vol. 543.— Counsel for the Prose-
cntioD and for the Defendant, ihid. ib. —
The Defendant Kirwan challenges one of
the Grand Jurors, ibid. 548. — Right of a
Defendant to chsdlenge a Grand Juror
argned, ibid. 549. — ^The majority of the
Court decide that no Challenge lies to a
Grand Juror, ibid. 566. — Kirwan pleads in
Abatement that several of the Grand Jury
held Offices under the Crown, and thai others
of them were not Freeholders, ibid. 576.^ —
The Attorney General demurs to the Pleas
in Abatement, ibid. 578. — Argument of the
Attorney General in support of the De-
murrer, ibid, ib.— Mr. North's Argument for
the Plea^, ibid. 587.— Mr. Goold's Argu-
ment for the Pleas, ibid. 593. — ^Mr. Towns-
end's Reply for the Crown in support of
the Demurrer, ibid. 600. — Judgment of the
Court against the Pleas in Abatement, ibid»
611.— Trial of Dr. Sheridan, ibid. 634.—
The Indictment, ibid. 638. — Speech of the
Attorney General for the Prosecution, ibid.
641. — ^Evidence for the Prosecution, ibid.
656. — Mr. Burrowes's Speech in Defence of
Dr. Sheridan, ibid. 684.— Mr. Goold's
Speech on summing up the Evidence for
the Defence, ibid. 712. — Reply of the Solici-
tor General, ibid. 729. — Chief Justice
Downes's Charge to the Jury, ibid. 745. —
The Jury acquit Dr. Sheridan, ibid. 753. —
Trial of Mr. Kirwan, ibid, ib.— He challenges
the Array of the Jury, on the ground of. its
being made at the nomination of the Solici-
tor for the Prosecution, ibid. 754. — ^Trial of
the Challenge, ibid. 755.— The Triers find
against the Challenge, ibid. 799.-— The Jury
are sworn, ibid. 807. — Speech of the Attor-
ney General for the Prosecution, ibid. 809.
— ^Evidence for the Prosecution, ibid. 817.
— ^Mr. Burrowes makes an Objection to the
Case for the Crown on the ground of a
Variance, ibid. 854. — The Court reserve the
point, ibid. 867.^— Mr. Burrowes's Speech
for (he Defendant, Mr. Kirwan, ibid. ib. —
Reply of the Solicitor General, ibid. 887. —
Chief Justice Downes's Charge to the Jury,
ibid. 909.-^The Jury find Mr. Kirwan
Guilty, ibid. 922.— The Court inflict a
nominal Punishment upon him, ibid. 928.
SHERIDAN, Richard Brinsley.— His Eri-
dence on the Trial of Home Tooke for
High Treason, 25 toI. 386.— His Evidence
on the Trial of William Stone, ibid. 1248.
— His Evidence on the Trial of the Earl of
Thanet and others, 27 vol. 923.
SHERWIN, John. See SachevereU, WilUam.
^HERWIN, Ralph. See Can^'m, Msiund.
SHIELDS, William.— His Trial in Ireland
with Thomas Watson and Thomas Kinch
for the Murder of Thomas Ryan, 43 Geo.
3, 1802, 28 vol. 619.— The Indictment,
ibid. ib. — Counsel for the Prosecution and
for the Prisoners, ibid. ib. — Mr. Mac Natt/s
Speech for the Prosecution, ibid. 621.—
Eridence for the Prosecution, ibid. 624.'^—
Evidence for the Prisoners, iWd. 640. — The
Jury acquit Kinch and Watson, but^ not
agreeing in their Verdict as to Shields, they
are discharged, ibid.— The Trial of WiU
liam Shields, by another Jury, ibid. 647^-«'
' Evidence for the Prosecution, ibid. 650.*^^
Evidence for the Prisloner, ibid. 670.F-^Mr.
Justice Day's Charge to the Jury, ibid. 679*
-^The Jury acquit him, ibid. 682.
SHIPLEY, William Davies, Dean of St.
Asaph. — Proceedings on an Indictment
against him for publishing Sir William
Jones's Dialogue on the Prmciples of Go-
vernment, 23-24-25 Geo. 3, 1783-1784, 21
vol. 847.— Introductory Note to this Case,
ibid. ib. — ^Motion on the part of. the Prose-
cution to put ofi* the Trial at Wrexham, on
the ground of Pamphlets having been cir-
culated tending to prejudice the Juiy, ibid.
848. — Mr. Erskine shews cause against the
Motion, ibid. 859.— The Court grant tke
Motion, ibid. 868.— The Trial comes on
before Mr. Justice Buller, at Shrewsbwy,
ibid. 876.— The Indictment, ibid. ib. —
Counsel for the Prosecution and for the
Defendant, ibid; 885. — Mr. Bearcroft^s
Speech for the Prosecution, ibid. ib.-^Evi-
dencefor the Prosecution, ibid. 891. -r-Mr.
Erskine's Speech for the Defendant, ibid.
898. — Evidence for the Defendant, ibid.
930.— Mr. Bearcroft's Reply, ibid; 933.—
Mr. Justice BuUer's Charge to the Juiy,
ibid. 943.— The Jury return a Verdict of
« Guilty of publishing only," ibid. 950.— Con-
versation between the Judge, Mr. Erskine,
and the Juiy before the Verdict is recorded,
ibid. ib. and ibid. ib. (note).— A Verdict of
« Guilty of publishing, but whether a libel
or not the Jury do not find," is recorded,
ibid. 955.— Proceedings in the Court of
King's Bench on a Motion for a New Trial,
ibid, ib.— >Mr. Erskine^s Speech on that
Occasion, ibid. 957.— The Court grant a
Rule to shew causci ibid. 970. — Mr.
Erskine's Arguments for the Rights of
Juries, in his Speech in support of the Rule,
ibid, ib.— Mr. Welch's Speech on the same
side, ibid. 1023.— Lord Mansfield's Judg-
ment on discharging the Rule, ibid. 1033.
—Mr. Erskine moves in Arrest of Judg-
ment, ibid. 1041.— The Judgment is arrdsted
for want of proper Averments in the In-
dictment, to point the application of the
libellous matter charged to the King and
Government, ibid. 1044.
SHIRLEY, Dr. Thomas, 6 vol. 1121. See
Faggf Sir John.
SHIV£RS^ Richard. See Golding, JQhtjk,
133
GENERAL INDEX TO
SHOWERy 9ir BaHhokmiew, Recorder of
I/mdon. — ^He was one of the Counsel for
the Prosecution on the Trial of the Seven
l^hops, 12 vol. 333.
■ ' ' ' ' ■ Counsel. — His
T
Argument in the Court of King's Bench in
the C^se of Kendall and Roe, against the
. Yitlidity of a Commitment by the Secretary
. of State for High Treason, 12 vol. 1359. —
. His Argument of several points of law for
. Ambrose Rookwood, on his Trial for High
Treason, 13yol. 145, 154, 201. — His Speech
oa summing up the Evidence for the Prisoner
. ^Q the Trial of Peter Qook, ibid. 376.— His
. Speedi in the House of Commons in De-
fence of .Sir John Fenwick, ibid* 640.—- His
Speech in Defence of Charles Duocombe,
' on his Trial for a Fraud upon Government,
ibid. J080. — ^His "Antidote against Poison,"
being Remarks by him upon the Paper
delivered by Lord William Russel to the
Sheriffs at the place of Execution, 9 vol.
710.-i-His *' Magistracy and Government of
England vindicated" respecting the Proceed-
ings in the Case of Lord William Russel,
ibid.r41.
SHREWSBURY, Gilbert, Eari of.— Lord
Cdce's Report of the Case respecting his
claim to the Earldom of Waterford and
Barony of Dungarvan in Ireland, 2 vol. 741.
SHREWSBURY, Mary, Countess of.— Pro-
ceeding3 against her before a Select Council
for a (Jbntempt, in refusing to answer fully
before the Privy Council respecting the
Escape and Marriage of Lady Arabella
.Stuart, or to subscribe her Examination, 10
Jac. 1, 1612, 2 vol. 769.—- The Charge against
ber, ibid. 770. — ^The Council determine that,
if s^e should be proceeded against judicially
in the Star Chamber, she should be fined
"^OfiOOl. and be imprisoned during pleasure,
•ibid. 776.— -Sir Francis Bacon's Speech
against her, ibid. ib.
SfilUTE, Samuel. See PUkmgton, Thomat.
SIDNEY, Colonel Algernon.— His Trial at
the Bar of the Court of King's Bench for
High T/eason in being concerned in the
Rye^Housa Plat, 35 Can 2, 1663, 9 vol. 817.
—The Indictment, ibid, ib.— He hesitates
to pl^d, ibid^ 8!^0,— He offers a Special
. Plea* which he afterwards withdraws, and
Ijieads Not Guilty, ibid. 822.-*The Special
Plea, ibid. ib. (note). — ^He demands a Copy
of the Indictment, and Cpunsel, which are
xelused by the Court, ibid. 833. — Speech of
the Attorney General (Sir Robert Sawyer)
for the Prosecution, ibid. 838.--^Evidence
against him, ibid. 840.— Lord Howard's
Evidence, ibid, 849. — Evidence of his hand-
writing to certain Papers, ibid. 854.— Chief
Justice Jefieries's unworthy Attempt to pro-
cure his acknowledgment that he was the
Author of certain Papers produced against
him, ibid. 858 and (note). — ^His Defence,
ibid. 860,»-<-£videiiee in contradiction of
Lord Howard's Testimony, ibid. 969. — ^U^
Address to the Jury, ibid. 876. — Reply of
the Solicitor General (Finch), ibid. 860. —
Chief Justice Jefferies's Charge to the Jury,
ibid. 888.— The Jury find him Guilty, ibtd.
895. — Being called on for Judgraeoty he
makes several Objections, which are over-
mled, ibid. 897.— Sentence of Death is pass-
ed upon him, ibid. 901. — His Petition to the
King, ibid. 904w — ^His Execution, ibid. 906.
—The King remits all the circumstances of
his Sentence, except beheading, ibid, tb.-—
Paper delivesed by him to the Sheriff at the
place of Execution,ibid.907. — ^His "Apology
lor himself in the Day of his Death,'' ibid.
916.*'The Examination of several Peraons
after the Revolution connected with this
Trial and the Cases of Lord Russel, Sir
Thomas Armstrong, and Mr. Cornish, ibid.
951.— Act of Parliament reversing Sidney's
Attainder, ibid. 991.r~Sir John Hawles's
Remarks upon this Trial, ibid. 999.— Roger
North^s Account of it in the ^^Exanaen,''
- ibid. 840 (note). — Burnet's Account of
Sidney, ibid. 492. — ^His Account of his Trial
and Execution, ibid. 514.— Remarks upon
the existence of a Concert between Sidney
and the Court of France, ibid. 906 (note). —
Accountof his Trial and Execution, extracted
from Narcissus Luttrelfs ^ Brief Historical
Relation," ibid. 1014, 1016.
SIMONS, Henry, the Jew. — ^His Case upon
his Trial for maliciously and fiilsely putting
Money into the Pocket of James Ashley,
with intent to charge him with robbing him
of the same, 25 Geo. 2, 1752, 19 vol. 680.
— Narrative of the Circumstances which
gave occasion to this Trial, ibid. ib. — The
Indictment, ibid. 682. — He is found Guilty,
ibid. 684. — He moves for a New Trial, ibid,
ib. — Affidavits of the Jury in support of the
Motion for a New Trial, statingj^that they
merely meant to find the fact that Simons
put the Money into Ashley's Pocket, as
charged by the Indictment, but not the
criminal Intention with which he was charged
to have done it, ibid. ib. — ^The Court grant
a New Trial, ibid. 692. — Simons recovers
Damages in Actions for false Imprisonment
against Ashley and the Constables who
apprehended him, ibid. ib. (note).
SINCLAIR, Charles. See Skning, WUlmm.
GerrMy Jowpk. Margarotf iictmoe.— -Pro-
ceedings against him in the High Court
of Justiciary for Sedition, in being a
Member of an unlawful Assembly^ c&dled
the General Convention, 34 Geo. 3, 1794,
23 vol. 777.— The Indictment, iUd. tU
— "Advocates for the Prosecution and for
the Panel| ibid. 784. — ^Argument of Mr.
Fletcher against the Rc^vancy of the Indict«
ment, ibid. ib. — Argument of the Counsel
for the Prosecution in support of it, ibid.
786.— The Court decide that the Indictment
is relevant, ibid. 795. — ^The Prosecution ii
abandoned; ibid* 802.
T|IJE STATE TRIALS.
1S3
ailD£aCO|i£, Miles, otlMniMe oalled Fiih.
— His Trial for High Treason in oonfpifing
the Death of the Lord Protector, and the
subversion of the Government, 8 Car. 2,
1657, 5 vol. 841.— The Indictment, ibid.
844.— He pleads Not Guilty, ibid. ib.>-The
Evidence against him, ibid. ib. — He is
foond Goiitjri and sentenced to Death, ibid.
648. — He tid&es PoiseQ in the Tow«r, ibid.
851«~-*Proceedings on the Coroner's Inquest
held on his body, ibid. 853. — Certificates of
the Physicians and Surgeons respectipg the
appearance of his body after death, ibid.
857. — ^Verdict of the Coronet's Inquest, ibid.
8S8. — ^Evidence produced on the Coroner's
Inquest, ibid. 860.— -Examinations taken
before the Council, ibid. 866. — ^Lord Claren-
don's Notice of his Case, ibid. 851 (note)«
SIRR, Charles Henry. See Hevey, John,
SKENE, Jame8.-^His Trial at Edinburgh for
being accessary to the Rebellion of the
Covenanters at Air's Moss and Bothwell
Bridge, and for treasonable Declarations,
32 Car. 2, 1680, 8 vol. 123.— He is found
Guilty upon his own Confession, and bang-
ed, ibid. 124. — Lord Fountainhairs Notice
of this Case, ibid. 123 (npte).
SKINNER, Matthew, Ser|eant4it*Law.~His
Speech for the Defendants on the Trial of
the Qno Warranto against the Town and
Port of Hastings, 17 vol. 893.
■^ King's Serjeant. <>- His
Speech for the Prosecution in Uie House of
liords, on the Trial of Lofd Kilmam e ck ^ 18^
vol. 463.
SKINNER, Dr. Robert, Bishop of Oxford.
See ISodve Bithops.
SKINNER, Thomas.^ProceedingB , on a Pe-
tition by him to the House of Lords against
the East India Company, 18 Car. 2, 1666,
6 vol.. 709. — ^Hia Petition to the King in
Council, ibid. 711.T*-<It is referred to certain
Inords,. ibid. ib.rrrHis Case before the Lords
Referees, ibid. 712.— Answer of the East
Jndift Company, ibid. 713.*r-His Reply,
ibid. 714. — ^The Leeds Referees report to
the JLipg and Council in favour of his claim,
ibid. 715. — ^The King, by a Message, re-
commends it to the House of Lords to do
justice to him, ibid. 716.-T*The Company's
Answer to his Petition in the House of
I^ds, denying the Jurisdiction of the Lofds
to determine the matters of the Petition,
ibid. ib. — The House of Lords appoint a
day to hear the Case, but Parliament is
proiogQed before any Decision is formed
upon it, ibid. 717.-^His Petition to the
House of Lords on the next meeting of Par-
liament, ibid. ib.T-^The Company's Answer
thereto, objecting as before to the Jurisdic-
tion of the House of Lords, ibid. 718.^The
Jadgfes give their Opinion tQ the House,
that, part of the matters of the Petitions
mi^ht.^ determined in the ordinaiy Courts
of Lnr, and pari not, sUd. TlOd^llie
Howe refer it to a Committee to state vHiat
Recompence he ought to receive, ibid. 721.
— ^Tbe Company's Petition to the House of
Commons, ibid. ib. — Resolutions of the
Commons against the Proceedings of the
Lords, ibid. 726. — ^The House of Lords
resolve that the Petition of the Company to
the House of Commons b a scandaloudt
libel^ and that the Company should pay to
Skinner 5,000/., ibid. 724.--C!onferences
between the two Houses of Parliament ]re-
specting the Jurisdiction of the House of
I^rds to take cognizance of this Case, ibid.
729. — The King proposes to both Houses to
erase from their respective Journals aU
Entries relating to this Ca^e, and to end
their differences, which is done, ibid. 767.—
Narrative of the Occurrences subsequent to
the Conferences, from Mr. Hargrave's Abridg-
ment of this Case, ibid. 7^8.
SKIRVING, William. See Oerrald, Joupk.
Muur^ Thomoi, Margmrot^ JMonrtoi—- His
Evidence on the Trial of Thomas Muir,
23 vol. 168.— His Trial at Edinburgh for
SeditioUf in being a Member of an ui|*
lawful Society, 34 Geo. 3, 1794^ ibid.
391, 472.— The Indictment, ibid. 472.—
The Solicitor General's ArgumeUt in sup«
pcNrt of ^ Relevancy of the Jadictmeiit,
ibid. 484.H-Mr. Skirving's Argument against
it, ibid. 491. -^The Court decide that the
Indictment is relevant^ ibid* dOd.-^Evidesce
for the Prosecution, ibid. dH'-VJTie Panel
produces no Evident, ibid. 53^.wrbe Lord
Advocate's Speech for the Prosecution,, ibid.
536. — Skirving's Speech in his Defenooi
ibid. 562.-^The Court sum up the Case,
ibid. 588.«*The Jury find him GuiUy» ilnd.
593.— The Court determine to .sentence him
toTransportationfor Four teen years,ibid-594.
— ^Address of the Society for Constitutional
Information to him after his Conviction, 24
▼ol. 566.t— His Letter to -the President of
the Society in acknowledgment tharepf„ ibid*
568. — ^He dies soon after his arrival in New
Holland, 23 vol. 1412.
SLAUGHTER, Johui See Gfo^iiM^, Jo4«.
SLAUGHTERFORD» Christopher.^Aeeouit
of his Trial ^d Condi^qination .upon aa
Appeal of Murder aft^r i^n Acquittal upon
an Indictment, 18 vol. 326 (note) — Paper
delivered by him to the Sheriff at the place
of ExecutioQ, ibid* ib.
SIINGSBY, Sir Henry.—His Trial befom the
High Court of Justice for, High.Treasoi)i in
conspiring to deliver up the GsirrisoQof^ll*
to Charles the Second, 10 Car. 2, 1658, 5
vol. 871.<-*The Charge against him, ibid*
874.— *He pleads Not Guilty, ibid. 876. —
Evidence against him, ibid. 877. — ^Ilie At-
torney General (Prideaux) sums up the Evi-
dence, ibid. 882.— Judgment of the Court
upon him, ibid. 925.-T-His Execution, ibidi
929.^Loid Claraodon's Aeoeunt of htm.
134
GENERAL INDEX TO
' ibid. 871 (note).— LadlowV Account of the
TransactioQ from nvhicli this Proceeding
. aroie, ibid. 882.
SIJOANE, Dr. (afterwards Sir Hans Sloane).
— ^His Evidence respecting the Appearances
of the Bodies of persons who have died by
Drownings 13 vol. 1 156.
SMETON, Marie. See Norrit, Henry.
SMITH, Francis.— His Trial for publishing
libellous Remarks upon the Trial of Wake-
man and others, 32 Car. 2, 1680, 7 vol. 931.
—Speech of Jefferies, the Recorder, for the
Prosecution, ibid. 933. — His Counsel admit
the Indictment, ibid. 936. — ^A small Fine is
imposed upon him, ibid. 937. — A Narrative
of nis Sufi&rings in consequence of this and
other Proceedings against him, written by
himself, ibid. ib. — A Bill preferred against
liim for another Libel is ignored by the
Grand Jury, ibid. 942. — ^Jefferies's Conduct
to die Grand Jury on that occasion, ibid. ib.
•^-Jefferies endeavours to induce him to
. confess the Bill which the Grand Jury had
ignored, ibid. 943.
SMITH, Henry, 5 vol. 1005, 1205. See
* 'RegjiddeM,
SMITH, Isabel. See Morrti, John.
SMITH, James. — ^Proceedings against him and
^John Mennons, in the High Court of
Justiciary, for Sedition, in belonging to an
unlawful Society, 33 Geo. 3, 1793, 23 vol.
33.— The Indictment, ibid, ib.— Smith is
outlawed for not appearing to answer, ibid.
42.
SMITH, Mary.— Account of her Case for
Witchcraft, 13 Jac. 1, 1616, 2 vol. 1049.—
Her Interviews with the Devil, ibid. 1051. —
Her supposed' Practices against several
persons, ibid. 1053. — Her Conduct at her
£zecution, ibid. 1050.
SMITH, Samud. See SachevereO, William.
SMTTH, Walter. See CargiU, Donald.
SMYTH, Sydney Stafford, Counsel, 17 vol.
801. — ^His Speech for the Prosecution on
the Trial of the Smugglers at Chichester for
Murder, 18 vol. 1086.
■ III Sir Sydney Stafford, Baron of the
Exchequer, 25 Geo. 2, 18 vol. 1117.
SNATI, William. See Cook, Skadrach.
SNIGG, George, Baron of the Exchequer, 6
Jac. 1, 2 vol. 576.
80AME, Sir William, 6 vol. 1063. See Bar-
fuardition, Sir Samud,
SOMERS, John, Counsel— He is of Counsel
. for the Defendants on the Trial of Pilkington
and others, for a Biot at the Election of
Sheriffs for the City of London, 6 vol. 226.
— He is retained as one of the Counsel for
the Seven Bishops, at the suggestion of
^ FpUexfeo, who rcSfttsed to aocept a Retainer
unless he was joined with him, 12 toI. 31 fi
(note). , - (
Sir John, Solicitor General, 3 Will.
and Mary. — His Speech for the Prosecution
on the Trial of Lord Preston for High
Treason, 12 vol. 678.
Attorney General, 4 Will.
and Mar^, 12 vol. 928. — His Speech for the
Prosecution on tlie Trial of Ix>rd Mohun
in the House of Lords for Murder, 12 vol.
961.
— - John, Lord, Lord Chancellor, 11
Will. 3. — He is appointed Lord High
Steward on the Trials of the Earl of Waiwick
and Lord Mohun for Murder, 13 vol. 940.
— ^His Address to the Earl of Warwick, on
his being brought to the Bar, ibid* 952. —
— His Address to Lord Mohun on his being
brought to the Bar, ibid. 1033. . .
Lopd Keeper, 12 WilL
3. — His celebrated Argument on giving his
Judgment in the Exchequer Chamber in the
Bankers' Case, 14 vol. 39, — Mr. Hargrave
characterizes this as one of the most elaborate
Arguments ever delivered in Westminster
HaSu, ibid. 3. — ^He is said to have expended
several hundred Pounds in collecting Books
and Pamphlets for this Argument, ibid. 39
(note).— Part of his Argument in this Case
alluded to in the Articles of Impeachment
subsequently preferred against him, ibid.
262.
'■ ' Proceedings in Par-
liament against him, William Ead of Port-
land, Edward Earl of Orford, and Chaiies
Lord Halifax, upon an Impeachment for
High Crimes and Misdemeanours, 1 3 Will.
3, 1701, 14 vol. 233.— 'Articles of Impeacln
ment against Lord Orford, ibid. 241.— His
Answer thereto, ibid. 245.— Articles of
Impeachment against Lord Somers, ibid.
250.— His Answer thereto, ibid. 363.— A
day is appointed for the Trial of Lord
Somers, ibid. 285. — ^Articles of Impeach-
ment against Charles Lord Halifax, ibid.
293.— His Answer thereto, ibid. 299. — Pro-
ceedings on the Trial of Lord Somers, ibid.
308.— The Commons not appearing to pro-
secute the Impeachment, the Lords resolve
to acquit him, ibid. 310.-^A day is ap-
pointed for the Trial of Lord Orford^ ibid.
311. — ^The Lords resolve to acquit him, on
the Commons not appearing to prosecute
the Impeachment, ibid. 321. — ^No Articles
being exhibited against Lord Portland, the
Lords dismiss his Impeachment, ibid. 322.
— ^The Impeachment of Lord Halifax also
dismissed for the same reason, ibid, ib.-^
Proceedings in the House of Commons re-
specting mese Impeachments, ibid. 323.-'
Dean Swift's Account of these Proceedings,
ibid. 234 (note).— Swift's various Opinions
of Lord Somers at different periods, ibid,
ib* ibid. 236 (note), ibid. 237 (note).
THE STATE TRIALS.
125
SOMERSET, Edwardy Duke of, Lord Pro*
tectbr. — Proceedings against him in Par-
EameAt for Treason and Misdemeanours,
3 £dw. 6y 1550, 1 vol. 509.—Proclamation
against lum by the Council, ibid. ib. — He
is committed to the Tower, ibid. 510. —
Articles of Accusation delivered to him in
the Tower, ibid. ib. — ^His first Submission
and Confession^ ibid. 512. — ^An Act of Par-
liament passed, imposing a Fine upon him,
founded upon his Confession, ibia. 514. —
His second Submission, ibid. ib. — He \s
pardoned, and almost the whole of his
Estate is restored to him, ibid. 516^ — ^Pro-
. eeedings against him for Treason and Felony,
5 Edw. 6, 1551, ibid. 516.— He is sent to
the Tower, ibid. ib. — Examinations of seve-
ral Witnesses against him, ibid. 516. — Com-
mission granted to the Lord Treasurer,
appointing him Lord High Steward to try
him, ibid. 51 7.— Several Indictments against
him, ibid. 518, — ^Record of the Proceedings
on one of the Indictments, ibid. ib. — He is
. acquitted of Treason, but is found Guilty of
' Felony, ibid. 521. — He petitions for his Life,
bat is beheaded, ibid. 522. — Account of
bis Execution, ibid. ib. — ^His Speech on the
Scaffold, ibid. 523. — Singular Occurrence
at his Execution, ibid. 524.— It was generally
believed that the Conspiracy on which he
. was condemned, was a Forgery, ibid. 523
(note).— Case presented by his 6reat Grand-
son, the Marquis of Hertford, to the House
of Lords, in support of his Petition to be
restored to the Title, ibid. 526. — His Cor-
respondence with Gardiner, Bishop of Win-
. Chester, respecting the Reformation, ibid.
55r.
SOMERSET, Countess of. See Et$ex, Frmeet
Eoward, Ccunteuqf.
SOMERSET, Robert Carr, Earl of.— His
Trial in the House of Lords for being
accessary before the &ct to the Murder of
. Sir Thomas Overbury, 14 Jac. 1, 1616, 2
. vol.965. — ^He pleads Not Guilty, ibid. 968.
— The Lord High Steward's Address to him
' on his being brought to the Bar, ibid. ib. —
■ Speech of the Attorney General (Sir Francis
Bacon) for the Prosecution, ibid. 969. —
Evidence agatnstbim, ibid. 978. — His Speech
• in his Defence, ibid. 992.— The Lords find
« him Guilty, ibid. 997. — Sentence of Death
• is passed upon him, ibid. ib.-*-King James's
Anxiety during the Trial, ibid. 998 (note). —
His Letter to the King si^er his Condemna-
tion, ibid. 999. — ^His Pardon, ibid. 1010. —
His Petition to Charles the First for the
recovery of his Estate, ibid. 1018.
SOMERSET, Earl of. See Bedford, Earl of .
SOMERSETT, James, the Negro.— His Case
on a Habeas Corpus in the Court of King's
. Bench, to {ry the legality of his detention as
a Slave, 12 Geo. 3, 1771-72^.20 vol. 1.—
Statement of the Facts of the Case, ibid,
ib.— R^om to the Habeas Corpus, ibid. 7.
— ^Mr. Hargrave's Argument for his Dis-
charge, ibid. 23.-— Mr. Alleyne^s Aigument
on the same side, ibid. 67. — Mr. V^IIace's
Argument on the same side, ibid. 69. — Mr.
Dunning's Argument for his Detainer, ibid.
71. — Serjeant Davy's Argument on the same
side, ibid. 76.— Lord Mansfield delivers the
Judgment of the Court in fiivour of his
Discharge, ibid. 80*
SOUTHAMPTON, Henry, Earl of, 1 vob
1333. See Emxj Robert, Earl of.
SPARKES, John. See Dainon, Josqfh.
SPARKES, Michael. See Ptym, WiUiam.-^
Proceedings in the Star Chamber against
him for printing '< Histrio-mastix," 9 Car. 1,.
1632, 3 vol. 561.
SPEKE, Hugh, 9 vol. 1127. See BradAm,
Lawrence*
SPELMAN, Sir Heniy.— His Answer to ih%
Apology for Archbishop Abbot, 2 vol. 1169.
SPILMAN, Sir John, Judge of K. B. 26 Hen.
8, 1 vol. 898.
SPOTISWOOD, Sir Robert.— -Proceeding*
V against him for High Treason, at a Parlia-
ment holden at St. Andrew's, in Scotland, 21
Car. 1, 1645, 4 vol. 767.— The Indictment,
ibid. 768.— His Answer thereto, ibid. 771.
—Replies to his Answer, ibid. 774. — ^His
Duplies to the Replies, ibid, 778.— He
pleads, that when he was taken Prisoner of
War, Quarter was granted him, and there-
fore that as these Proceedings cannot touch
his Life, they ought to be stayed, ibid. 781.
-—Reply to this Plea, ibid. 784.— Duplies
to the Reply, ibid. 786.— Lord Ogilvie*8
Defence, as referred to by him, and incor-
porated with his own, ibid. 794. — ^Auswers
to Lord Ogilvie's Defence, ibid. 799. —
Reasons why he should not be called upon
for his other Defences till the question of
Quarter is decided, ibid. 800. — ^Answers
thereto, ibid. ib. — ^Duplies to these Answers,
ibid.. 802. — ^Report of the Commissioners
appointed to conduct the Process against
him, ibid. 803. — ^The Parliament declare
him Guilty of Treason, and pass Sentence of
Death upon him, ibid. 806. — His Eiacution,
ibid. 815. — Mr. Laing's Observations upon
this Prosecution, ibid. 767 (note).
SPRATT, Dr. Thomas, Bishop of Rochester.
See Seven Bi$hopt, — His Letter to the Eccle-
siastical Commissioners, declining, to act
any longer under the Commission, 12 vol.
492 (note).— He was one of the Commis-
sioners appointed to exercise ecclesiastical
Jurisdiction in the Diocese of London during
the Suspension of Bishop Compton, 11 vol«
1166. — ^He was one of the Bishops appointed
to degrade Johnson, ibid. 1350. — Proceed-
ings against' him before the Privy Council
concerning a Plot to restore King James
the Second, 4 Will, and Mary, 1692, 12 vol.
I051.«-His Fint Examination befMe aCom-
miltee of the Council, ibid. 1055|-*Hia
186
Second ExaminaUoDy ilnd. 1059.— Black-
head's Evidence against him, ibid. 1 060. —
His Account of the Witnesses who supported
the Charge against him, ibid. 1079. — One
of them, under Sentence of Death for Coin-
ing, confesses the falsehood of the Charge,
ibid. 1165^— Some Particulars respecting
bim, 9 vol. 362^ and (note), 12 toI. 1051
(note).
SPREULL, John.— His Trial with Robert
Ferguson at Edinburgh, for Treason in
being concerned in the Rebellion- in Scot-
land previously to the Battle of Bothwell
Bri^, 33 Car. 2, 1681, 10 vol. 725.— The
Indictment, ibid. 728.— SpreuU's Exami-
nation before the Council, ibid. 729 (note).
— ^The Torture is applied to him, ibid. 730
(not<i}. — ^His Counsel object that he cannot
by Law be indicted for Offences denied by
bim under Torture, ibid. 757.— Answer <»
the King's Advocate to the Objection, ibid.
756.— Sir George Lockhart's Reply for the
Panel, ibid. 766.— The Court overrule the
Objection, ibid. 772.— Ferguson confesses
the Indictment, ibid. 774. — Evidence against
SpreuU, ibid. 775. — ^His Counsel object to
the evidence of a Witness against him, that
be had beea previously examined on oath
vespecting the contents of the- Indictment,
ibid. 778. — ^The Objection is overruled, ibid.
781.— His Counsel object to Evidence of
his Confession before the Privy Council,
because it was not signed by himy ibid. 785.
—The Court refuse to admit the Confession,
ibid. 790.— The Court, at the suggestion of
the King's Advocate, interrogate him whether
he thought being at Bothwell Bridge was a
Rebellion, ibid^ ib< — He refused to answer,
ibid, ib.— The Assize find Ferguson Guilty
upon hn own Confession, and acquit Sprenll,
ibid. 791.~«Extracts from Lord Fountain-
hall's Decisions respectio|^ SpreuU, ibid.
725 (note). — ^Wodrow's Account of the Pro-
ceedings against him, ibid. 727 (note).
SPROT, George.— His trial at Edinburgh for
being concerned in the Gowrie Conspiracy,
6* Jac. 1, 1608, 2 vol. 697. — His Confession
respecting the Conspiracy, ibid, ib.— The
Indictment, ibid. 701.— He confesses the
Indictment, ibid. 704. — The Assize find him
Guilty, ibid. 705.— Sentence of Death is
passed upon him, ibidn ib. — His*£Secutien>
ibid* 706.
SPUR, John. See BaynUm^ Sarah,
SQUIRES, Mary. See Cammg, Mitabeth.
Gibbons, John, — Her Trial with Susannah
Wells, at th& Old Bailey, for feloniously
stealing a Pair of Stays firom the person of
Elizabeth Canning, 25 Geo. 2, 1753, 19 vol.
261 — Evidence of Elizabeth Canning, ibid.
• 262.— Evideuoe in support of an Alibi for
Squires, ibid«. 272. — ^The}r are both found
Guilty, and Squires is sentenced to Death,
ibid. 274**-*Peti4ion of the Lord Mayor to
the Kiog on their behalf, ibid, ib.— They
GENERAL INDEX TO
recdve a Pardon, ibid. 275.— Trial of ihA
Witnesses for the Prisoners for Peijury id
their Evidence on this Trial, ibid. ib. — ^Triaj
of Elizabeth Oanniog for Perjury in he<
Evidence on this Trial, ibid. 283.
STAFFORD, William, Viscount.— Proceed
ings in Parliament against hitn, the Earl ot
Powis, Lord Petre, Lord Arundel of Wardour,
and Lord Bellasis (commonly called the Five
Popish Lords), for High Treason, in being
concerned in the Popish Plot, 30 Car. 2,
1670, 1 Jac. 2i 1685, 7 vol. W17. — Pro-
ceedings respecting their Arrest, ibid, ib.—
The Commons resolve to impeach them,
ibid. 1123, 1124. — Articles of Impeachment
against ihem delivered to the Lords by the
Commons, ibid. 1235. — ^The House of LoTd»
Older that Counsel be permitted to assist
them in matters of Law, ibid. 1240. — Names
of the Counsel respectively assigned to
them, ibid. 1 242. — ^Answer of Lord Bellasis
to the Articles of Impeachment, ibid. 1244.
— Lord Powis's Answer thereto, ibid. 1248.
— Lord Stafford's Answer, ibid. 1251. —
Lord Petrels Answer, ibid* 1254. — ^Lord
Arunders Answer, ibid. 1255.— -The Com-
mons object that the Answer of Lbrd
Bellasis must be put in in person, and that
the Answers of the other impeached Lords
are evasive and argumentative, ibid. 1259.
^-All of them, except Lord Petre, withdraw
their former Answers, and answer genendly
Not Guilty, ibid. 1260. — ^Debates asd Reso-
lutions in the House of Lords ptetiminary
to die Trial of the Impeachment, ibid.
1266. — Commission to Heneage,Lord Finch,
(afterwards Earl of Nottingham) to be
Lord High Steward for their Trials, ibid.
1^1.— Trial of Lord Stafltord, 32 Car. 2,
1680, ibid. 1293.-~Order of the Prt>ceeding8
for the Trial, ibid, ib.— The Lord High
Steward's Address to him on his beings
brought to the Bar, ibid. 1297. — Speech of
Serjeant Mmiard for the Commons, ibid.
1298.— Sir Francis Winnington's Speech,
ibid. i302.-^Mr.Treby's Speech^ ibid. 1308.
— General Evidence of the existence of the
Plot, ibid. 1310, — Dugdale's Evidence^ ibid.
1314. -Gates's Evidence, ibid. 1320.-— The
Records of the Convictions of Coleman and
others given in Evidence, ibid. 1833.-*^Par«
ticular Evidence of Lord Stafford's ocmnexion
with the P1g4, ibid. 1340.--Di^gdale^8 £vi«
dence on this part of the Case, ibid. ib. —
Oates's Evidence, ibid. 1347. — Turbenrille's
Evidenee,ibid«1351 .—Lord StaffordlB Speech
in his Defence, ibid. 1356.— Dugdaie is
examined again, ibid. 1377.— Evidence to
contradict Dugdale, ibid. 1382.— Witnesses,
called to prove, that Dugdale had endeavour*
ed to persuade them to swear falsely against-
Lord Stafibrd, ibid. 1400.— Gates is ex-
amined' again, ibid. 1407:— Evidence in
Reply, ibid. 1449. — At the dose of the
Evidence in Reply^ Lord Stafibrd is permit-
ted to add to his Evsdencei ibid. 1482^—
THE STATE TRIALS.
137
Speech on sumioiDg up. the Evidence
for the Defence, ibid. 1486. — His Remarks
upon OateSy ibid. 1488. — Several Points of
law suggested by Lord Stafford, ibid. 1491.
—Sir William Jones's Speech in Reply for
the Coinmons, ibid. 1493*— Mr. Powle's
Speech, ibid. 1516.-— Answers of the Mana-
gers to the Points of law suggested by Lord
StaiTord, ibid. 1519.— The Lords resolve to
liear Lord Stafford's Counsel upon the Point
of law, whetherin caiies of Treason, there must
be two Witnesses to each Overt act, ibid.
1525.— His Counsel decline to argue it, un-
less time is given them for ])reparation, ibid.
ib. — ^The Judges deliver their Opinions in the
negative upon the Point of law, and that it
is not disputable, ibid. 1528. — ^Lord Stafford's
Remark upon the Reason given by Baron
Atkyiis for his Opinion, ibid. 1529. — He is
permitted by the JLords to address them again
m his Defence, ibid. 1538. — ^His Speech,
ibid. ib. — General Reply of the Managers
for the Commons, ibid. 1549. — He is found
Guilty by a Majority of Twenty*Four Peers,
ibid. 1553.— He moves in arrest of Judg-
ment upon a defect in his Arraignment,
ibid* 1554.— The Objection is overruled,
ibid. ib. — The Commons demand Judgment
against him, ibid. ib.<— >The Lord High
Steward passes Judgment upon him, ibid.
1555. — Burnet says, that Lora Nottingham's
Speech on passing Judgment upon Lord
Stafford, was one of the best he ever made,
ibid. 1556 (note).— The Writs for his Exe-
cation, ibid. 1561. — ObjeetiOns made by
the Sheriffs to the form of the Writs, ibid.
1562.— ^Burnet's Account of his Conduct
afteir his Condemnation, ibid. 1559 (note).
— Burnet's Character of him, ibid. 1993
(note). — His Speech from the Scaffold, ibid.
1564. — Sir John Reresby's Account of Lord
Sufford's Trial, ibid. 1293 (note) Mrs.
Macaulay's Account of it, ibid. 1583 (note).
— A Bill was brought into Parliament in
1665 for reversing his Attainder, but did not
pass the Commons, ibid. 1571. — The other
Lords are discharged in 1685, ibid. 1572. —
Account of Mr. Hargrave's Argument re-
specting the validity of Lord Stafibid's
Attainder, ibid. 1573 (note).
STAIR, Earl of. See Glenco, Matsacre of.--'
Apolo^ for his Conduct respecting the
Massacre of Glenco, 13 vol. 883 (note). —
Letters written by him to Lord Breadalbane
pieviously to the Massacre, ibid. 888 (note).
STANDSFIELD, Philip.— His Trial at Edin-
burgh for High Treason and Parricide,
4 Jac. 2, 1688, 11 vol. 1371.— The In-
dictment, ibid. ib. — ^Debate on the Rele«
vancy of the Indictment, ibid. 1377.— The
Court decide that the Indictment is relevant,
ibid. 1393. — Evidence against him, ibid.
1394. — Evidence that, on his touching his
Father's dead Body, the Blood flowed from
it, ibid. 1403, |409.—*Sir George Mackenzie's
Speech for the Prosecution, ibid. 1413, —
He is found Guilty, and Sentence of Death
is passed upon him, ibid. 1419.
STANFORD, WiHiami Queeo^s Serjeant, l
Mary, 1 vol. 869.
STANLEY, Sir William. — Proceedings against
him for Treason, 10 Hen. 7, 1494-5, 1 vol.
277. — Mr. Hargrave's Introductory Note to
this Case, ibid. ib. — ^His Offence consisted
in saying, " that if he knew eertCHnly that
Perkyn Warbeck was the Son of Edward
the Fourtli, he would not bear arms
against him/' ibid. 278, 282.*~Beasons
of the Judges for holding these words to.
be Treason, ibid. 282.— Some Writers say,
that he had promised Warbeck Assfetaalsey
and sent him Money, ibid. ib. — He con*
fesses the Words, ibid. 278, 281 .—He is
arraigned, condemned, and beheaded, ibidJ
279, 281. — He is said to have been llie
richest man in England, ibid. 281.— His
Case is cited for the Crown on the Trial of
Sir Nicholas Throckmorton, ibid. 893. —
Lord Bacon's Account of the Proceedings
against him, ibid. 280. — ^The Record of las
Case, 3 vol. 366.
STAPLETON, Sir Miles, But.— His Trial at
York for High Treason, in being coneemed
in the Popish Plot, 33 Car. 2, 1(S81, 8 vol.
5dl. — The Indictment, ibid, ib.-— He pleods
Not Guilty, ibid. 502.— His Trial deferped
till the next Assizes for deiault of Jurors^
l!he King's Counsel refusing to pray a Tales,
ibid. 503. — His Trial at the next Assizes,
ibid. ib. — Serjeant Stringer's Speech for the
Prosecution, ibid. 504.*-£vidence ibr the
Prosecution, ibid. 505. — Bolron's Evidence
against him, ibid. 507.— Evidence for &e
Prisoner to contradict Bolion^ ibid. 511.-—
Evidence in Reply, ibid. 521. — Mr. Justice
Dolben^s Charge to the Jury, ibid. 523.—^
Mr. Baron Gregory's Charge, ibid. 524. —
the Jury acquit him, ibid. 526.
STAPLETON, Sir Phflip, Bart.--See EoUii^
DengiL
STARKEY, Henry. Se^ Anderson, Lionel*
."^TARKEY, John. See Maccksfieldp Charles,
Earl of,
STAUGHTON, Sir Nicholas. See StoughUm,
Sir Nicholas.
STAYLEY, WHliam.-.His Trial for High
Treason, in being concerned in the Popish
Plot, 30 Car. 2, 1678, 6 vol. 1501.— He
J leads Not Guilty, ibid, ib.— Sir William
ones's Speech for the Prosecu^bn, ibid.
1502. — Evidence for the Prosecution, ibid,
ib. — His Defence, ibid. 1505. — Chief Jus-
tice Scroggs examines the Prisoner,, ibid. ib.
—Evidence for the Defence^ ibid. 1508^-^
The Chief Justice's Charge to the Jury,
ibid, ib.— Sentence of Death is passed upon
him, ibid. 1510.-^He is executed, ibid.
1511.— His Conduct at the place of Execu*
128
GENERAL INDEX TO
tion, 7 Tol. 569.— Burnet's Account of this
Trial, 6 ToL 1415.
STEDMAN, Mary. See Moders, Mary.
STEEL, William^ Counsel.— He is one of the
Counsel appointed by the Commonwealth
to prepare and prosecute the Charge against
Charles the First, 4 vol. 1056.
. • Attorney General for the
Commonwealth, 4 vol. 1209.^His Argu-
- ment for l^e Prosecution on the Trial of
James, Dukft of Hamilton, ibid. 1167.
STEPHENS^ Ellis. See Ccwper^ Spencer.
STERN, John. See Cofdngmark^ Charles John,
CounL
STEVENSON, John.--His Trial at the Chester
Assizes for the Murder of Mr. Francis
Elcock, 32 Geo. 2, 1759, 19 vol. 845.—
' Counsel for the Crown and for the Prisoner,
ibid, ib.— Abstract of the Indictment, ibid,
ib. — The Attorney General for Cheshire
opens the Case for the Prosecution, ibid.
847. — Evidence for the Prosecution, ibid.
850.—The Prisoner makes no Defence, ibid.
864.<— His Counsel argue against the validity
of the Warrant, under which Mr. Elcock
was .acting when the. Prisoner shot him,
ibid. 864.^-Argument of the Counsel for
the Prosecution in answer to the Objection,
. ibid. 870.'— Reply of the Counsel for the
. Prisoner, ibid. 873.-— The Jury, under the
. direction of the Court, find a Special Ver-
dict, ibid. 876.— Tlie Special Verdict, ibid.
ib.--*The Court decide, that the facts stated
on the Special Verdict, amount only to Man-
slaughter, ibid. 878.— The Prisoner is burnt
in the hand, and discharged, ibid. ib.
STEWART, Alexander.— His Trial at Edin-
burgh for maintaining the title of the Pre-
tender, 1 Geo. 1, 1715, 17 vol. 791.— Tnfor-
mation for the Ring^s Advocate, ibid. 792.
— ^Infohnation for the Panel, ibid. 794. —
The Court find the Indictment relevant,
ibid. 796. — Evidence for the Prosecution,
ibid. 797.— Verdict of the Assize, ibid. 798.
—He is discharged by the Court upon the
' Verdict, ibid. ib.
STEWART, Arabella. See Stuart, Arabella.
STEWART, Archibald.— His Trial at Edin-
burgh for neglect of Duty in his Office of
Lord Provost of Edinburgh, before and at
the time of the Rebels taking possession of
the City in 1745, 20 and 21 Geo. 2, 1747,
18 vol. 863. — ^The Indictment, ibid. 867. —
' Counsel for the Crown and for the Panel,
ibid. 874. — The Court order Informations,
ibid. ib. — ^Information for the King's Advo-
' cate, ibid. 875. — Information for the De-
fendant, ibid. 911. — Interlocutor of Rele-
' vancy, ibid, 952. — Upon a technical Objec-
' tion by the Counsel for the Panel, the Lord
' Advocate abandons the first Prosecution,
ibid. 954.— -Proceedings on the Second Trial,
ibid. 955.— 'Evidence in support of the
Indictment, ibid. 962. — Evidence for the
Panel, ibid. 1042. — ^The Assize unanimously
find him Not Guilty, ibid. 1067.
STEWART, James.— His Trial before the
Circuit Court of Justiciary at Inverary for
the Murder of Colin Campbell of Glenare,
25 Geo. 2, 1752, 19 vol. 1.— The Indict-
ment, ibid. ib. — ^Advocates for the Crown
and for the Panel, ibid. 14. — He j^eads Not
Guil^, ibid, ib.— Debate on the Relevancy,
ibid, ib.— Argument of Mr. Walter Stewart
for the Panel, ibid. ib. — ^Argument of Mr.
Mackintosh for him, ibid, 25. — Mr. Fraser's
Argument for the Prosecution, ibid. 41.—
Mr. Erskine's Argument for the Prosecn-
tion, ibid. 50. — ^Argument of the Lord
Advocate, ibid. 60. — Mr. Millar's Reply for
the Panel, ibid. 81. — Interlocutor of Rele-
vancy, ibid. 89.— Evidence for the Prosecu-
tion, ibid.-91. — Evidence for the Panel, ibid.
150.— The Lord Advocate's Address to the
Jury on the close of the Evidence, ibid. 171.
— Mr. Brown's Speech for the Panel, ibid.
213.— The Jury find him Guilty, ibid. 243.
•—Sentence of Death pronounced upon him,
ibid. 248.— Address of the Lord Justice
General to the Panel after the Sentence,
ibid, ib.— His Dying Speech, ibid. 254.—
Amot's Observations upon this Trials ibid.
249.
STEWART, William. See JEider, John.
STIRLING, Archibald. See Stirling, James.
STIRLING, Charles. See Stirling, James.
STIRLING, James.— His Trial in the High
Court ef Justiciary, vri& Archibald Seaton,
Archibald Stirling, Charles Stirling, and
Patrick Edmonston for High Treason, in
taking Arms in support of the Pretender,
7 Anne, 1708, 14 vol. 1395.— The Indict-
ment, ibid. ib. — Warrant from the Queen
requiring the Lord Advocate to proceed
against them, ibid. 1398. — ^Information for
the Panels, ibid. 1399. — Information for the
Prosecution, ibid. 1405. — ^Interiocutor of
Relevancy, ibid. 1414. — Evidence for the
Prosecution, ibid. 1415. — The Assize find
the Libel Not Proven, ibid. 1418.
STOCEDALE, John.— His Trial on an ex-
officio Information for a libel on the House
of Commons, 30 Geo. 3, 1789, 22 vol. 237.
— Introductory Remark on this Case, ibid,
ib. ibid. 247 (note). — The Information, ibid.
239. — ^The Attorney General's Speech for
the Prosecution, ibid. 247^ — ^Mr. Erskine's
. Speech for the Defendant, ibid. 250.—'
Reply of the Attorney General, ibid. 285.-*
Lord Kenyon's Charge to the Jury, ibid»
291. — The Jury acquit the Defendant^ ibid.
293.
STODDART, Thomas. See Archer, Thomas.
—His Trial in the Court of Justiciary for
Treason, in being concerned in Argyle*s
THE STATE TRIALS.
129
BebellioDy 1 Jac. 2, 1685, 11 vol. 889. —
His Dying Speech, ibid. 892 (note).
STONE, William: See Jackson, WilHam,—
His Trial for High Treason at the Bar of
the Court of King's Bench, 36 Geo. 3, 1796,
25 vol. 1 155. — Counsel for the Prosecution
and for the Prisoner, ibid. ib. — The Indict-
ment, ibid. 1158. — Speech of the Attorney
General (Sir John Scott) for the Prosecution,
ibid. 1170. — Evidence for the Prosecution,
ibid. 1207. — Speech of Serjeant Adair for
the Prisoner, ibid. 1320'. — Evidence for the
Defence, ibid. 1365. — Mr. Erskine*s Speech
onsummingup the Evidence for the Prisoner,
ibid. 1370. — Reply of the Solicitor General
(Sir John Mitford), ibid. 1396. — Lord Ken-
yon's Charge to the Juiy, ibid. 1423. — The
Jury acquit the Prisoner, ibid. 1438.
STORY, Dr. John. — He is one of the Com-
missioners appointed to try Cranmer, Latimer,
and Ridley, 1 vol. 772. — His Oration on
the Trial of Cranmer, ibid. 784.— His Trial
for High Treason, in conspiring to kill the
Qoeen, and procure an Invasion of the
Realm, 14 Eliz. 1571, ibid. 1087.— He is
arrested, and sent to the Queen*s Bench
Prison, ibid. 1089. — He escapes from thence
into Flanders, and obtains a Commission
from the Duke of Alba to seize the Goods
and Merchandize of British Subjects brought
into that Country, ibid. ib. — He is inveigkd
on board an English Ship, and carried to
England, ibid. ib. — He is confined in the
Lollards* Tower, ibid.ib. — His Trial, ibid.
1090. — He pleads that he is not a Subject
of England, ibid.ib. — The Plea is overruled,
and Sentence of Death is passed upon him,
ibid. 1091. — The People revile him on the
way to the Tower, ibid. ib. — ^His Speech at
the place of Execution, ibid. 1092.
STOUGHTON, Sir Nicholas.— He is ordered
by the House of Commons into the Custody
of the Serjeant-at-Arms, for prosecuting an
Appeal in the House of Lords against
Arthur Onslow, Esq. a Member of the
House of Commons, 6 vol. 1134.
STOUT, Sarah. See Coioper, Spencer,
STOWE, John.— Account of the Trial of
Edwanl, Duke of Buckingham, extracted
from his Chronicle, 1 vol. 292. — Account of
the Trial of Sir Edmond Knevet, extracted
from his Annals, ibid. 443.
STRAFFORD, Thomas Wentworth, Earl of.
See WefUtoorthy Sir Thomas. Wentworth^
Thomas Lord, — He apparently promoted
the Prosecution of Sir David Fowlis and
others in the Star Chamber, 3 vol. 585. —
Proceedings on his Trial in the House of
Lords, upon an Impeachment of HigK
Treason by the Commons, 16 Car. 1, 1640,
3 vol. 1381. — Message from the Commons
to the Lords, accusing him of High Treason,
delivered by Mr, Pym, ibid. ib. — ^The Lords
commit him to the Custody Qf the Gentle-
VOL, XXXIV,
' man Usher, ibid. 1385. — Seven Articles of
Impeachment are delivered, ibid. ib. —
Twenty-eight further Articles are delivered,
ibid. 1387. — His Answers thereto, ibid.
1401. — Lord Clarendon's Account of the
Preparations for the Trial, ibid. 1413 (note).
—The Trial, ibid. 1413.— The Eari of
Arundel is appointed Lord High Steward,
ibid. 1417. — The King and Queen, with
the Prince of Wales, attend privately in the
House of Lords during the Trial, ibid. 1414.
— Three additional Article* are tendered
against him by the Commons, ibid. 1418. —
His Answers thereto, ibid. 1419. — Names
of the Managers for the Commons, ibid.
1421. — The Managers enforce the Charge
contained in the Five first Articles against
him, and he replies to them, ibid. ib. — The
Sixth Article, charging him with illegally
dispossessing Lord Mount norris of certain
Lands in Ireland, ibid. 1426. — His Defence
thereto, ibid. ib. — The Seventh, and part of
the Eighth Articles are passed over, ibid.
1427. — Part of the Eighth Article, charging
him with corrupt Conduct in the matter of
a Petition to the Council in Ireland, ibid,
ib. — His Defence thereto, ibid. 1428 —
Ninth Article, charging him with unjustly
arresting persons who refused to appear to
Ecclesiastical Citations, ibid. ib. — His De-
fence thereto, ibid. ib. — Five next Articles,
charging him with Offences relating to
the Revenue, ibid. ib. — Fifteenth Article,
charging him with arbitrarily enforcing his
Orders against individuals by military force,
ibid. 1433. — ^Lord Strafford objects to the
admissibility of a Copy of his Warrant to
the Soldiers, ibid. 1434.-— The Lords allow
the Objection, ibid. ib. — Other Evidence
in support of the Charge, ibid. ib. — ^The
Earl's Defence thereto, ibid. 1435. — Six-
teenth Article, charging him with forbidding
Irish Subjects to Appeal to the King, and
with issuing arbitrary Proclamations, ibid.
1436. — His Defence thereto, ibid. 1437. —
Nineteenth Article opened by Whitelocke,
charging him with enforcing the administra-
tion of a new and illegal Oath to the Scotch
in Ireland, ibid. 1438. — His Defence thereto,
ibid. 1439. — ^I'he Five next Articles, charg-
ing various Acts and Declarations, showing
a design to reduce the Kingdoms of England
and Scotland to an arbitrary. Government,
ibid. 1440.— His Defence thereto, ibid.
1444. — ^Iwenty-fifth Article, charging him
with advising the rigorous levying of Ship-
Money, ibid. 1448. — His Defence thereto,
ibid. 1449. — ^Twenty'Sixth Article, charging
him with advising the King to imbase the
Coin of the Realm, and to seize the Bullion
in the Mint, ibid. 14.51. — His Answer
thereto, ibid. ib. — Twenty-seventh Article,
charging him with making unlawful Impo '
sitions upon the King's Subjects, ibid. 1452.
— His Defence thereto, ibid. 1453. — The
Managers for the Commons waive the
Twenty-eighth Articlei and conclude their
ISO
GENERAL INDEX TO
Case, ibid. 1454.— Notes of a ConTersation
at a Meeting of the Privy Council, in which
he took a part, commanicated to the House
of Commons by Sir Henry Vane, ibid.
1457 (note). — ^The Managers for the Com-
mons propose to prove these Notes by way
of Snpplement to tlie Twenty-second Article,
ibid. 1458. — ^Debates upon this proposal,
ibid. 1160.— The Managers abandon the
proof of Sir Henry Vane's Notes, ibid. 1461.
—The £arrs Speech in his Defence to the
Matters of Fact, ibid. 1462. — Mr. Erskine's
allusion to this Speech in his Defence of
Home Tooke, 25 vol. 312. — Whitelocke's
Remarks upon the Earl's Defence, 3 vol.
1467 (note). — Mr. Glynn and Mr. Pym
reply for the House of Commons, ibid. 1468.
—The Commons propose a Bill of Attainder
against him, ibid. 1469. — ^This is opposed
by Selden, Holbome, and Bridgman, ibid,
ib. — Opinions of different parties respecting
the Bill of Attainder, ibid. 1470.— The
Lords object to the Bill of Attainder, ibid. ib.
— ^The EarVs Counsel argue the Matters of
Law arising upon the Articles in his behalf,
ibid. 1472.— Mr. St. John's Argument in
favour of the Bill of Attainder, ibid. 1477.
— ^The King's Speech to the Commons
respecting this Prosecution, ibid. 1512. —
Lord Strafford's Letter to the King, ibid.
1516. — Doubts respecting the genuineness
of this Letter, ibid. 1517 (note).— -The Bill
of Attainder passes the Lords, ibid. 1514.
— ^The King signs it, and a Commission is
drawn up for the Earl's Execution, ibid.
1518. — His Petition to the Lords on behalf
of his Children, ibid, ib.— The Bill of At-
tainder, ibid. ib. — The King's Letter to the
Lords on his behalf, ibid. 1520. — His Exe-
•ution, ibid. 1521. — His Address to the
People from the Scaffold, ibid. 1522. —
Character of him by Mrs. Hutchinson, ibid.
1525 (note). — Mr. Fox's Observations on his
prosecution, ibid. ib. — Mr. Laing's Remarks
upon it, ibid. 1416 (note). — Act of Parlia-
ment reversing his Attainder, ibid. 1525. —
Names of the Strafford ians posted in Palace
Yardj ibid. 1527. — His Speech to the Lords
in the Tower before he went to Execution,
ibid. 1528. — The Speech intended to have
been spoken by him on the Scaffold, ibid.
1532. — Burnet's Observations on his Case,
13 vol. 752.
?TRAFFORD, Thomas, Earl of.— Proceed-
ings in Parliament on his Impeachment for
Misconduct as British Plenipotentiary at
the Treaty of Utrecht, 1- and 2 Geo. 1, 1715,
15 vol. 1013. — Articles of Impeachment,
ibid. ib. — His Answer thereto, ibid. 1025.
STRANGE, James, Lord. — His Impeachment
for High Treason in raising Forces, and
endeavouring to put the Commission of
Array in execution against the Parliament,
18 Car. 1, 1642, 4 vol. 173.— Articles of
Impeachment, ibid, ib.— Order of Parlia-
ment for his AppreheDiHon, ibid. 176. — No
further Proceedings appear to have been
taken, ibid. ib.
STRANGE, John Shaw.— He pleads Guilty
to an Indictment for High Treason, in being
concerned in the Cato Street Consptracy,
33 vol. 1544. — He is pardoned on condition
of being transported for life, ibid. 1566.
STRANGE, John, Counsel, 16 vol. 7, IT vol.
164, 637. — ^His Speeches in the House of
Lords on opening the Defence to several of
the Articles of Impeachment against Lord
Chancellor Macclesfield, 16 vol. 1191,1211.
— His Speech at the Conclusion of the De-
fence, ibid. 1255. — His Opening Speech for
the Plaintiff on the Trial of the Quo War-
ranto against the Corporation of the Town
and Port of Hastings, 17 vol. 851.
Sir John^ Recorder of London, 17
vol. 1093.
•
' — 18 vol. 469. — His Opinion
respecting bringing an Appeal of Murder in
the Case of William Chetwynd, 18 vol. 317.
— His Speech for the Prosecution on the
Trial of Francis Townley, ibid. SSd.—His
Argument for the Crown on the Trial of
Lord Balmerino, against an Objection made
by the Prisoner to the sufficiency of the
Evidence against him, ibid. 483. — His Speech
as one of the Managers for the Commons, on
summing up the Evidence for the Prosecu-
tion on the Trial of the Impeachment of Lord
Lovat, ibid. 774.
STRANGFORD, Philip, Viscount.— Proceed-
ings against him in the Irish House of Lords
for acting corruptly as a Lord of Parliament,
by offering to sell his Vote in a question of
Appeal, 24 Geo. 3, 1784, 22 vol. 161.— He
is ordered into the custody of the Gentleman
Usher of the Black Rod for not obeyiog an
Order of the House requiring him to attend
in his place, ibid. 165.— His Letter to one
of the parties interested in the Appeal, re-
questing an advance of Money, ibid. Ifi^-T"
Resolutions of the House thereon, ibid. ib.
— A Bill is passed disablingliim from sitting
in Parliament, ibid. 167.
STRATFORD, John, Archbishop of Canter-
bury. — Proceedings against him for High
Treason, 14 Ed w. 3, 1341, 1 vol. 57.-H»s
Letter of Advice to the King, ibid.ib.— fne
King sends Letters of Accusation agamst
him to the Bishop of London and the Chapter
of Canterbury, ibid. 59.— The Archbishops
Answer to the King's Letters, ibid. 62.-0n
his coming to a Parliament, a Committee ot
Twelve Peers is appointed to consider the
Charges made by the King against him, ibid-
65.— The Archbishop submits himself and
receives the King's Pardon, ibid. 66.
STRATTON, George.— Proceedings againsj
him, Henry Brooks, Charles Floyer, ana
George Mackay, Members of the Coancil ai
Madras, on an Information by the Atto^ey
General ioi a MifldCToeanour, in arrestwg
THE STATE TRIALS.
131
and deposing Lord Pigot, Governor of
Madras, 19 and 20 Oeo, 3, 1779-1780, 21
▼ol. 1045. — Resolutions of a Committee of
the House of Commons respecting their
Conduct, ibid, ib.— The Commons address
the King, praying him to direct a Prosecu-
tioDy ibid. ib. — ^The Attorney General files
an Information against them, ibid. 1047.--
The Solicitor General applies to quash the
first Information, for the purpose of filing a
more complete one, ibid. ib. — The Court
suggest the entering a Noli prosequi upon
the first Information, which is done accord-
ingly, ibid. 1048. — ^The second Information,
ibid. 1049.— Counsel for the Prosecution and
for the Defendant, ibid. 1061. — Speech of
the Attorney Genen^l (Wedderburne) for the
Prosecution, ibid. ib. — Evidence for the Pro-
secution^ ibid. 1094. — Mr. Dunning's Speech
for the Defendants, ibid. 1139. — He pro-
poses to give Evidence of the Opinion of the
Governor and Council of Bengal respecting
the transaction, ibid. 1188. — ^The Attorney
General objects to the Evidence, ibid. 1189.
— The Court overrules the Objection, ibid.
1190. — ^Speech of the Attorney General in
Reply, ibid. 1195. — Lord Mansfield's Charge
to the Jury, ibid. 1219. — ^The Jury find them
Guilty, ibid. 1226. — Account of the Pro-
ceedings in the Court of King*s Bench on
their being brought up for Judgment, ibid,
ib. — Lord Mansfield's Report of the Evi-
dence, ibid. ib. — Affidavits in mitigation of
Punishment, ibid. 1231. — Speeches of the
Counsel for the Prosecution in aggravation
of Punishment, ibid. 1255.— Speeches of the
Defendants* Counsel in mitigation, ibid.
1257. — Mr. Erskine's celebrated Speech on
this Occasion, ibid. 1259. — Mr. Justice Ash-
hurst's Address on passing the Judgment of
the Court upon the Defendants, ibid. 1282.
—They are each fined 1,000/., ibid. 1292.
STREATER, Captain John.— His Case on a
Habeas Corpus sued by him out of the
Court of the Upper Bench, 5 Car. 2, 1653,
5 vol. 365. — The Habeas Corpus, ibid. ib.
—The Return sets out two Cfommitments,
one by the Council of State, and the other
by the Speaker of the House of Commons,
ibid. 371. — His Argument against the
vaiiditx of the Commitment by the Council
ofState^ ibid. 373.^ His Argument against the
validity of the Commitment by the Speaker,
ibid. 380.— The Court remand him, ibid.
98$.r— He sues out an Alias Habeas Corpus,
ibid* 388. — ^The Return thereto, containing
the two former Commitments and the Rule
of Court by whieh he was remanded on the
former occasion, ibid. 389. — Discussion in
the Court of the Upper Bench upon the Re-
tnra, ibid. 391. — His Argument against the
Return, ibid. 394.-- The Court discharge
ioiD, ibid. 402.— Rule of Court for fais Dis-
charge, ibid, ib— Styles's Report of this
Case, ibid. 405.
STREET; JSir Thomas, Baron of the Exche-
quer, 33 Car. 2, 9 vol. 536.*-His Charge to
the Jury on the Trial of George Busby for
High Treason under the Statute of Eliza-
beth, for remaining within the Realm as
a Popish Priest, 8 vol. 547. — ^He gives his
Opinion against the validity of Lord Russel's
Challenge of a Juror for not having a 405.
freehold within the City of London, 9 vol.
593.
Judge of C. P. 2 Jac.
2, 1 2 vol. 124. — He gives his Opinion against
the King's Dispensing Pov/er in the Case of
Sir Edward Hales, 11 vol. 1198.— His Note
of the Pleadings, Judgment, and Authori-
ties, in the Case of the Earl of Macclesfield,
V. Starkey, 10 vol. 1413.
STRICKLAND, Mary, 13 vol. 1249. See
Butkr, Mary,
STRINGER, Sir Thomas, Serjeant-at-Law, 7
vol. 261. — He opens the Indictment on the
Trial of Green and others for the Murder of
Sir Edmond bury Godfrey, 7 vol. 162. — ^Also
on the Trial of Samuel Atkins for the same
Murder, ibid. 236.
— 33 Car. 2, 10 vol. 555.
—He moves the Court of King's Bench for
a Habeas Corpus to bring up Edward Fitz-
harris to be arraigned upon an Indictment
for the Murder of Sir Edmondbury Godfrey,
8 vol. 249. — His Speech for the Prosecution
on the Trial of Sir Miles Stapleton for High
Treason in being concerned in the Popish
Plot, ibid. 504.
STRINGMAN, Daniel. See Oreeny Captain
Thomas,
STRODE, Thomas, Serjeant-at-Law.— He is
of Counsel for the Crown on the Trial of
Anderson and others for High Treason, in
being concerned in the Popish Plot, 7 vol.
834.— He defends Benjamin Harris on his
Trial for a Libel, ibid. 928.
STRODE, William. See Stroudy WUUam.
STROUD, William. See Kimboltm, Edward
I^frd, — Proceedings against him, Walter
Long, John Selden, and others, on a Habeas
Corpus in the Court of King's Bench, 5 Car.
1, 1629, 3 vol. 236. — Questions proposed to
the Judges in this Case, with their Answers,
ibid. 237.— The Return to the Habeas
Corpus, setting out one Warrant from the
Lords of the Council and another from the
King, ibid. 240. — Argiu^ients of Counsel
against the sufficiency of the Return, ibid.
241.— Reply of the King's Counsel, ibid.
244. — Mr. Littleton's Argument £^ainst the
Return, ibid. 252.-— Mr. Selden's Argument,
ibid. 264.— The Attorney General's Reply,
ibid. 284.— On the day appointed for the
Judgment of the Court, they are removed
to the Tower, ibid. 286.— The King's Letter
to the Judges explaining the reasons of their
Removal, ibid. ib. — ^The Court offer to bail
them on their giving Sureties for their good
Behaviour, ibid. 289*- -They refuse to give
Sureties for their good Behaviour and are re«
132
GENERAL INDEX TO
mandedy ibid. ib. — Stroud and Sir Miles
Hobart are indicted for an Escape from
Prison, but are acquitted, ibid. 291. — Reso-
lutions of the House of Commons in 1641,
respecting these Proceedings, ibid. 312, —
Stroud's Body was removed from Henry the
Seventh's Chapel at the Restoration, 5 vol.
1338 (note).
STRYPE, Mr.—His Account of the Death of
Archbishop Cranmer, 1 vol. 855.
STUART, Arabella. See Raleigh, Sir Walter.
— Account of her Relationship to James the
First, 2 vol. 1 (note), ibid. 769.— Wilson's
Account of her unsuccessful Escape from
Confinement, ibid. ib. — Proceedings against
the Countess of Shrewsbury for refusing to
answer Questions put to her by the Privy
Council, respecting her Marriage and Escape,
ibid. 769.
STUART, Mary. See Mary, Queen of
Scots,
STUBBS, Francis. See Tonge, Thomas.
SUDLEY, Lord. See Seymour, Sir Thomas.
SUFFOLK, Henry Grey, Duke of.— His Ar-
raignment for High Treason in being con-
cerned in Wyatt's Rebellion, 1 Mary, 1553,
1 vol. 761. — Account of his Execution, ibid.
763.
SUFFOLK, James, Earl of.— Proceedings
against him, Francis Lord Willoughby of
Parham, John Lord Hunsden, William Lord
Maynard, Theobald Earl of Lincoln, George
Lord Berkley, and James Earl of Middle-
sex, for High Treason, in levying War
against the King, Parliament, and Kingdom,
23 Car. 1, 1647, 4 vol. 984.— They are taken
into the Custody of the Gentleman Usher,
ibid. 985. — ^The Commons impeach them,
ibid. ib. — ^Further Articles delivered against
them, ibid. 986.— They plead Not Guilty
thereto, ibid. 988. — The Commons abandon
the Impeachment, ibid. ib.
SUFFOLK, Michael De La Pole, Earl of.
Lord Chancellor, 10 Ric. 2. — He is im-
Esached in Parliament by the Commons of
igh Crimes and Misdemeanours, 11 Ric.
2, 1388, 1 vol. 91. — Articles of Impeach-
ment against him, with his Answers thereto,
ibid. ib. — He is condemned and imprisoned
in Windsor Castle, ibid. 94. — Walsingham
says that he had nothing to say in his De-
fence to these Articles, ibid. ib. (note). — He
is released by the King from his imprison-
ment, ibid. 95. — He afterwards conspires
with Tresilian, Brambre, the Archbishop
of York, and the Duke of Ireland, to
urge the King to the destruction of the
Duke of Glocester's Faction, ibid. ib. —
They are appealed of High Treason in Par-
liament by the Duke of Glocester's Faction,
ibid. 97. — Articles of High Treason exhibited
against them, ibid. Itfl.— The Eari of Suf-
f^k escapes to Calais, ibid. ^d.-^The Lords
upon the non-appearance of the Appellees,
adjudge them Guilty of High Treason and
sentence them to be drawn and hanged,
ibid. 114.
SUFFOLK, William De La Pole, Duke of.—
Proceedings against him for High Treason,
28 Hen. 6, 1451, 1 vol. 271.— Articles of
Accusation against him, ibid. 273.- He re-
fuses to put himself upon his Trial by bis
Peers, but refers himself to the King's
Award respecting him, ibid. 274. — He is
sentenced to Banishment for Five years, not
by the Judgment of Parliament, but by
Order of the King, ibid. ib. — He is taken
and killed at sea, ibid. 276.
SURREY, Henry Howard, Earl of. See Nor-
folk, Thomas, Iktke of — Proceedings against
him for High Treason, 38 Hen. 6, 1546, 1
vol. 451. — Examination of several persons
before the Council respecting the Charges
against him, ibid. 453. — His Arraignment
and Trial, ibid. 455. — He is tried by a Jury,
not being a Lord of Parliament, ibid, ib.—
The Jury find him Guilty, ibid. ib. — Judg-
ment is passed upon him and he is executed,
ibid. ib.
SWALLOW, John. See Luddites.
SWAN, John.—His Trial with Elizabeth Jef-
ferys at the Chelmsford Assizes for the
Murder of Joseph JefTerys, 25 Geo, 2, 1752,
18 vol.1193. — At the Summer Assizes in
1751, they are both indicted for Murder,
Swan for giving the mortal wound, and
Elizabeth JefTerys for aiding and assisting
therein, ibid. ib. — At the ensuing Assizes,
an Indictment is found against them upon
the same circumstances, charging one with
Petit Treason, and the other with Murder,
ibid. ib. — ^The Second Indictment, ibid. ib.
— On being arraigned upon that Indictment,
they plead in Abatement the pendency of
the former Indictment, ibid. 1197.— The
Counsel for the Prosecution demur to the
Plea, ibid. ib. — The Court give Judgment
against the Plea, ibid. 1198. — Mr. Justice
Foster's Argument on that occasion, ibid. ib.
— Confessions of the Prisoners, ibid. 1196.—
They are both found Guilty, ibid. 1195.—
Their Execution, ibid. 1201.
SWENDSEN, Haagen. See Baynton, Sarah.
—His Trialatthe Bar of the Court of Queen's
Bench for forcibly taking away and marry-
ing Pleasant Rawlins, an Heiress under the
age of Eighteen years, 1 Anne, 1702, 14 vol.
559. — On his Arraignment he states himself
to be a Foreigner, and claims a Jury de me-
dietate linguae, ibid. ib. — ^The Indictment,
ibid. 560.— Speech of the SoUcitor General
(Sir Simon K&ircourt) for the Prosecution,
ibid. 562. — Evidence for the Prosecution,
ibid. 564.— Evidence of Pleasant Rawlins,
ibid. 575.-T-The Prisoner's Defence, ibid.
577. — ^Evidence for him, ibid. 579.r— BepljT
of the Solicitor General, ibid. 590.— Evi-
deng^ in Reply,, ibi^, 591,-rl<ord Holrt
THE STATE TRIALS.
163
Chais^e to the July, ibid. 592.--The Jury
find him Guilty, ibid. 596. — Hesitation of
one of the Jury to concur in the Verdict on
account of the absence of Evidence of actual
force, ibid. 616. — The Court argue the
Qaestion with the Juror, ibid. ib. — He agrees
with the rest of the Jury, ibid. 619. — Mr.
Justice Poweirs Address to him and Sarah
Baynton on passing Sentence of Death upon
them, ibid. 631. — He is executed, ibid. 634.
— Paper delivered by him at the Place of
Execution, declaring his innocence, ibid. ib.
SWINOCK, Samuel. See Pilkkgtony Thomas.
SYMONDS, Henry Delahay. See Troy,
Thomas,
SYMPSON, James. See Green, Captain Thomas,
TALBOT, The Honourable Charles, Solicitor
General, 2 Geo. 2, 17 vol. 171, 314.
TALBOT, William. — Sir Francis Bacon's
Speech against him on an Information ore
tenus in the Star-Chamber for maintaining
the doctrine, that Kings excommunicated by
the Pope might be lawfully deposed and
killed by their Subjects, 11 Jac. 1, 1613, 2
vol. 778. — ^The Declaration upon which the
Charge was founded, ibid. 782. — It does not
appear what Judgment was given by the
Court, ibid. 778.
TANDY, James Napper* — Proceedings against
him and Harvey Morris in the Court of
King's Bench in Ireland, upon their At-
tainder for High Treason by Act of Parlia-
ment, 40 Geo. 3, 1800, 27 vol. 1191.— The
Attorney General prays Execution against
them upon the Attainder, ibid. 1194. — The
Counsel for the Prisoners request further
time to plead, which is objected to by the
Attorney General, and refused by the Court,
ibid. ib. — ^The Prisoners plead in barof Exe-
cution, that they were arrested abroad by the
King's Command, and were thereby pre-
vented from surrendering before the day
limited for their Surrender by the Act of
Attainder, ibid. 1198. — Counsel for the Pro-
secution and for the Prisoners, ibid. 1204.
— Mr. Curran's Speech In support of the
Plea, ibid. 1205. — Evidence in support of
the Plea in the Case of Tandy, ibid. 1212. —
The Attorney Generars Speech against the
Plea, ibid. 1219.— Mr. Ponsonby's Reply for
the Prisoner, ibid. 1232. — Mr. Mac Nally's
Speech on the same side, ibid. 1237.— 'Lord
Kilwarden sums up the Evidence to the
Jury, ibid. 1243.— The Jury find a Verdict
for the Prisoner, ibid. 1246. — ^I'he Attorney
General confesses the Plea in the Case of
Morris, ibid. 1246. — Proceedings in Actions
by Mr. Tandy in 1792, against the Lord
Lieutenant and other Members of the Coun-
cil, for issuing a Proclamation for his Appre-
hension, ibid. 1246.^<-On a Suit being corn-
menoed by him in the Court of Exchequer
Bgainit the Lord Lieutenant, the Attorney
General mores to quash the Writ, ibid. 1 247.
— Mr. Butler's Argument against the Motion,
ibid.ib. — Mr.Emmet'sArgumentonthesame
side, ibid. 1257. — The Court grant the Mo-
tion of the Attorney General, ibid. 1264. —
Proceedings in other Actions commenced by
him against Members of the Council, ibid.
1267.
TANFIELD, Sir Laurence, Judge of K. B.
6 Jac.l, 2 vol.576.
■ i Chief Baron of
the Exchequer, lO Jac. 1, 2 vol. 770, 952. —
His Speech on giving his Opinion in the
Star-Chamber respecting the Punishment to
be inflicted on Mr. Wraynham for slander-
ing Lord Chancellor Bacon, 2 vol. 1070.
TANKRED, Mr.— He is ordered by the House
of Commons to pay Costs to a person
against whom he had made a frivolous Com-
plaint of Breach of Privilege, 14 vol. 749
(note).
TAPNER, Benjamin. See Jackson, William.
TARRAS, Walter, Earl of. — Proceedings
against him at Edinburgh for Treason in re-
ceiving Traitors, and being concerned in
Argyle's Rebellion, 36 Car. 2, 1685, 10 vol.
1065.— The Indictment, ibid, ib.— His Peti-
tion to the King for Mercy, confessing his
Guilt, ibid. 1070. — He confesses the Indict-
ment, ibid. 1072. — He is found Guilty, ibid,
1 074. — His Sentence, ibid. 1075. — ^The King
orders him to be set at liberty, upon his
giving Security to appear when called upon,
ibid. ib. — Act of Parliament reversing the
Sentence of Forfeiture against him, ibid.
l076. — Fountainhall's Notices of this Case,
ibid. 1079.
TASBOROUGH, John. -His Trial with Anne
Price at the Bar of the Court of King's
Bench, for tampering with one of the Wit-
nesses for the Popish Plot, and for Subor-
nation of Perjury, 32 Car. 2, 1680, 7 vol.
881. — Indictment against them in English,
ibid. ib. — The, same in Latin, ibid. 884
(note).— The King's Counsel open the Case
against them, ibid. 887. — Evidence against
thera, ibid. 889. — Dugdale's Evidence, ibid.
890. — Mr. Saunders's Defence of Anne
Price, ibid. 906. — Evidence for her, ibid.
908. — Mr. Pollexfen's Efefence of Tasbo-
rough, ibid. 911. — Evidence for him, ibid.
917.— The King's Counsel reply, ibid. 920.
— Mr. Justice Jones's Charge to the Jury,
ibid. 922. — ^The Jury find them Guilty, ibid.
926. — ^Tasborough is sentenced to pay a fine
of lOOZ., and Price of 200/. ibid. ib.
TAYLOR, Alexander. See Green, Captain
Thomas,
TAYLOR, Daniel.--His Trial with several
other Persons at Edinburgh for not praying
for the King, 2 Geo. 1, 1716, 18 vol. 1363.
— ^The Indictment, ibid. 1364.— Information
for the King's AdroQatei ibid, 1368.— In*
134
OEIJERAL IKDEX TO
fonnation for the Panels, ibid. 1373.— The
Court find the Indictment relevant, ibid.
1380.— Evidence against them, ibid. ib. —
Verdict of the Assize, ibid. 1384.— Sentence
is passed upon them, ibid. ib.
TEMPLE, James, 5 vol. 1006, 1217. See
Regicides,
TEMPLE, Peter, 5 vol. 1217. See Regi-
cides.
THANET, Sackville, Earl of.— Proceedings
upon the Trial of an Ex-officio Information
at the Bar of the Court of King's Bench
against him, Robert Fergusson, Gunter
Browne, Dennis O'Brien, and Thomas
Thompson, for a Riot in a Court of Justice,
and an attempt to rescue Arthur O'Connor
from the Custody of the Sheriff, 39 Geo.
3, 1799, 27 vol. 821. — Counsel for the
Prosecution and for the Defendants, ibid,
ib.— The Information, ibid. 822.— Speech
of the Attorney General (Sir John Scott)
for the Prosecution, ibid. 829.--Evidence
for the Prosecution, ibid. 835.--Mr. Ser-
jeant Shepherd's Evidence, ibid. 836. —
Mr. Justice Heath's Evidence, ibid. 847. —
Mr. Erskine's Speech for the Defendants,
ibid. 868.— The Attorney General consents '
to the acquittal of Mr. Browne and Mr.
Thompson, ibid. 909. — Evidence for the
Defendants, ibid, ib.— Mr. Warren's Evi-
dence, ibid. 915.— Mr. Whitbread's Evi-
dence, ibid. 922.— Mr. Sheridan's Evidence,
ibid. 923.— The Attorney General's Reply,
ibid. 928.— Lord Kenyon's Charge to the
Jury, ibid. 938.— The Jury find Lord Thanet
and Mr. Fergusson Guilty, and acquit Mr.
O'Brien, ibid. 941 .—Lord Thanet's Declara-
tion on being brought up for Judgment,
ibid, ib.— His Aflidavit of the Uuth of the
facts contained in his Declaration, ibid. 943.
— Mr. Fergusson's Declaration and Afiidavit
on the same occasion, ibid. 944. — The Court
express adoubt whether, upon several Counts
in the Information, they have power to award
any Punishment but the specific Sentence of
Cutting off the hand, ibid. 949.— Upon this
suggestion, the Attorney General enters a
Noli prosequi upon those Counts of the
Information as to which the doubt arose,
ibid. 951. — Mr. Justice Grose's Address on
delivering the Sentence of the Court, ibid.
952. — Mr. Fergusson's Observations on his
own Case, and the points of law aiising
upon the Information, ibid. 958.
THELWALL, John.— He is indicted jointly
with Home Tooke, Hardy, and others, for
High Treason, 24 vol. 232.— He pleads Not
Guilty, ibid. 1406.— After a Trial which
lasts four days, he is acquitted, 25 vol. 748
(note).
THIRN YNGE, Sir William, Chief Justice of
C. P. 1 Hen. 4. — He is appointed by the
Parliament one of the Commissioners to
pronounce Sentence of Deposition on
Richardthe Second, 1 vol. 151.— His Ac-
count of the Conversation between iUohttd
and the CommissioneFs in the Tower, ibid.
155.
THISTLEWOOD, Arthur. See Waison, James.
—His Trial at the Old Bailey under a
Special Commission, for High Treason in
being concerned in the Cato Street Con-
spiracy, 1 Geo. 4, 1820, 33 vol.681. — Chief
Justice Abbott's Charge to the Grand Jury
assembled under the Special Comnaission,
ibid. 683.— The Grand Jury return true Bills
against him for High Treason, Murder, and
maliciously shooting at one of the Bow-
Street Officers who endeavoured to appre-
hend him, ibid. 695.— The Indictment for
High Treason, ibid. 697.— Speech of the
Attorney General (Sir Robert Gifford)^ for
the Prosecution, ibid. 716.— Evidence for the
Prosecution, ibid. 736.— Robert Adams's
Evidence, ibid, ib.— Lord Harrowby's Evi-
dence, ibid. 788.— Mr. Curwood's Speech
in Defence of the Prisoner, ibid. 830. — ^Evi-
dence for the Prisoner, ibid. 840.— Mr.
Adolphus's Speech on summing up the
Evidence for the Prisoner, ibid. 850.— Reply
of the Solicitor General (Sir J. S. Copley),
ibid. 894.— Chief Justice Abbott's Charge to
the Jury, ibid. 919.— The Jury find him
Guilty, ibid. 956.— His Speech on being
called upon for Judgment, ibid. 1544.— The
Chief Justice*s Address to him and the other
convicted Prisoners, on passing Sentence
upon them, ibid. 1560.— He is executed,
ibid. 1566.
THOMPSON, Sir Alexander, Baron of the
Exchequer.— His Address to the Grand
Jury assembled under the Special Commis-
sion at York for the Trial of the Luddites in
1813, 31 vol. 966.— His Charge to the Jury
on the Trial of John Schofield under that
Commission, for maliciously shooting at John
Hinchliffe, ibid. 1047.
THOMPSON, Gabriel. See Semple, John,
THOMPSON, Nathaniel.—His Trial with
William Pain, and John Farwell for publish-
ing Letters, importing that Sir Edmondbury
Godfrey had killed himself, 34 Car. 2. 1682,
8 vol. 1359.— The Information, ibid, ib-—
The King's Counsel open the Charge agamst
him, ibid. 1365.— The Letter on which the
Prosecution was founded, ibid. 1368.—
Evidence for there, ibid. 1378.— The Jury
find them Guilty, ibid. 1386.— Tlieir Sen-
tence, ibid. 1388.
THOMPSON, Richard.— Proceedings against
him for a Breach of Privilege of Parliament,
in preaching a Scandalous Sermon, 32 Car.
2, 1680, 8 vol. 1. —Evidence against him
before a Committee of the House of Com-
mons, ibid. 3.— The House resolve to im-
peach him, ibid. 7.--Oldmixon's Accou"t
of him, ibid. 1 (note).— Report of the
Debate in the House of Commons in ">'
Case, from Grey*s Debates, ibid. 180.
THE STATE TRIALS.
136
THOMPSON, Th^Hiiai. BMThmiet,Sackvilk,
Earlqf.
THOMPSON, WilUam. See Cargitt, Donald,
THOMPSON, WmianijCounsel.— His Speech
in Defence of Tasborough for tamperiuj^ with
Dugdale,one of the Witnesses for the Popish
Hot, Tvol. 916. — His Speech for the Prose-
cation on the Trial of John Giles for at-
tempting to Murder Mr. Arnold, ibid. 1132.
— His Speech in Defence of Bethel for an
Assault, 8 vol. 752.
THOMPSON, William, King's Serjeant, 2
WilUand Mary, 12 vol. 929. — His Speech
for the Prosecution on the Trial of John
AshtOD for High Treason, 12 vol. 749. — He
opens the Indictment on the Trial of Lord
Mohun for the Murder of Mr. Mountford,
ibid. 960.
THOMSON, William,Counsel.—nisArgument
of the question of Law for the Prosecution in
Daramaree's Case, 15 vol. 595. — His Argu-
ment for the Prosecution on the Trial of
Willis, ibid. 645. — His Argument for the
Prosecution in the Case of Purchase, ibid.
683. — His Speech in the House of Lords, as
one of the Managers for the Commons in
support of the Third Article of Impeach-
ment against Dr. Sacheverell, ibid. 157. —
His Speech in Reply to Dr. Sachevereirs
Defence to tliat Article, ibid. 438.
■ Sir William. — ^His Speech in Reply
as one of the Managers for the Commons on
the Trial of the Earl of Wintoun for High
Treason, 15 vol. 869.
■■ Recorder of London,
17 vol. 295. — He refuses to try Thomas
Bunbridge on a Prosecution ordered by
the House of Commons, on the ground of his
having concurred in the Order as a Member
6f Uie House, 17 vol. 566.
THORPE, Williatn,— His Account of his Ex-
amination on a Charge of Heresy before the
Archbishop of Canterbury, 8 Hen. 4, 1407,
1 vol. 176. — His Confession of Faith, ibid. ib.
• — His Scruples at taking an Oath, ibid. 179.
• — He refuses to publish the names of the
Lollards, ibid. 1 80. — His conduct when re-
qvired to recant, and threatened by the
Archbishop, ibid. 181. — ^He confesses that he
is a disciple of Wicliffe, ibid. 184. — He is
charged with preaching Heresy at Shrews-
bury, ibid. 186. — His Answers to the Arch-
bishop respecting the lawfulness of preaching
^ without the authority of a Bishop, ibid. 187.
— Respecting the Sacrament, ibid. 193. —
Respecting the Worship of Images, ibid.
105. — Respecting the lawfulness of Pil-
grimage, ibid. 199.^ — Respecting tlie use of
Music in Churches, ibid. 201. —Respecting
the lawfulness of Tythes, ibid. 202. — Re-
specting the lawfulness of Oaths, ibid. 207.
<^U« refuses to submit, and is taken to
Prison, ibid. 220. — ^It is not known what
ailerwards became of him, ibid. ib.
THORPE, Sir William, Chief Justice of K. B.
22 £dw. 3. — ^He is adjudged to be hanged
for Bribery, 24 Edw. 3, 1361, 3 vol. 1273.
—-Mr. St. John's Remarks upon this Judg-
ment, ibid. ib.
THORPE, William. See Mellor, George.
THROCKMORTON, Sir Nicholas.— His Trial
for High Treason in being concerned in Sir
Thomas Wyatt's Rebellion, 1 Mary, 1554, \
vol. 869. — Names of his Judges, ibid. ib.-^Hi3
Arraignment, ibid. ib. — He offers to address
the Court before Plea, but is told that he must
first plead to the Indictment, ibid, ib.— He
pleads Not Guilty, ibid. 870. — ^The Attorney
General shews the Jury Panel to one of the
J udges, who notes which Jurors are to be chal-
lenged for the Crown, ibid. 871.— Throck-
morton remonstrates with him, ibid. ib. — ^Two
Jurymen challenged for the Crown without
cause shewn, ibid. ib. — He- urges the King's
Counsel to conduct the case fairly, ibid. 872.
— He is allowed to answer each matter of
Accusation as it is urged against him, ibid.
873. — ^The Confessions of various persons
given in Evidence against him, ibid, ib.—- He
objects to the Evidence of a convicted Traitor,
that he is not a lawful Witness within the
meaning of the Statute of Edw. 6, c. 12,
§. 22, ibid. 880. — He is not suffered to pro-
duce a Witness to disprove a part of the
Charge, ibid. 884. — He admits that it had
been the Custom not to allow Witnesses
against the Crown, ibid. 887. — The Court
refuse him Books to shew the Jury the Law,
ibid, ibi — His Remonstrance thereupon, ibid,
ib. — He contends that by the Stat. 1 Mary, c.
1, all Treasons are limited to tiiose ex-
pressed by tlie Stat. 25 Edw. 3, ibid. 888. —
He reminds some of the Judges that they
had spoken strongly in Parliament upon the
danger of leaving the construction of penal
Statutes to a Judge, ibid. 890.. — He con-
tends that the Statute of Edward the Sixth
had established a distinction between Words
and Acts in Treason, ibid. 895. — He argues,
that if the Statute of Edward the Third were
not to be construed strictly, it were better
that the severe Laws of Henry the Eighth
against constructive Treasons had not been
repealed, ibid. 896.— He is permitted to ad-
dress the Jury after they have been charged
by the Court, ibid. 897.— He is acquitted by
the Jury, ibid. 899.— He is remanded into
Custody though acquitted, ibid. 900.— The
Jury are imprisoned and fined for their
Verdict, ibid. 901.
THROGMORTON, Michael. See Fole, Car-
dined,
THURLAND, Sir Edward, Baron of the Ex-
chequer, 32 Car. 2, 7 vol. 1243.
THURLOW, Edward, Solicitor General, to
Geo. 3,-— His Speedi for the Prosecution on
136
GENERAL INDEX TO
the Trial of John Miller for a Libel in pub-
lishing Junius's Letter to the King, 20 vol.
869. — His Speech in Reply in the same
Cdse, ibid. 888. — His Argument for the
Crown on the effect of the Verdict in Wood-
falPs Case, ibid. 906.
Attorney General, 15
Geo. 3. — His Argument in the Case of the
Island of Grenada, in favour of the Right of
the Crown to impose Taxes upon a conquer-
ed Country, 20 vol. 312. — His Argument for
the Crown m the Trial of the Duchess of
Kingston, that the Sentence of Jactitation
pronounced by the Ecclesiastical Court upon
her first Marriage, is not a conclusive Answer
to the Charge of Bigamy against her, ibid.
446. —His Speech on opening the Case for
the Prosecution, ibid. 539. — His Speech for
the Prosecution on the Trial of John Home
(afterwards Home Tooke) for a Libel, ibid.
667.— His Speech in Reply in the same
Case, ibid. 745. — His Speech in Aggravation
of Punishment in the same Case, ibid. 775.
THWING, Thomas. See Gascoigne, Sir
Thomas, — His Trial with Mary Pressicks at
York for High Treason, in being concerned
in the Popish Plot, 32 Car. 2, 1680, 7 vol.
11^1. — The Indictment, ibid. ib. — They
plead Not Guilty, ibid. 1163.--Bolron*s
Evidence against them, ibid. 1164. — Fur-
ther Evidence against them, ibid. 1166. —
Evidence in their Defence, ibid. 1169. — Mr.
Justice Dolben's ("harge to the Jury, ibid.
1177.— The Jury find Thwing Guilty, and
acquit Pressicks, ibid. 1180. — Sentence of
Death is passed upon Thwing, ibid. 11 81. —
He«is reprieved, but afterwards executed,
ibid. ib. — His Speech at the place of Execu-
tion, ibid. 1182.
THYNN, Thomas. -Trial of Count Conings-
mark and others for his Murder, 9 vol. 1.
TICHBOURN, Robert, 5 vol. 1002! See
Regicides,
TICKLEFOOT, Tom. -Observations upon
the Trials of Sir George Wakeman and
others for being concerned in the Popish
Plot, published shortly after the Trials under
that Signature, 7 vol. 687.
TIDD, Richard, 33 vol. 1337. See Davidson.
William.
TIERNEY, George.— His Evidence on the
Trial of the Impeachment of Lord Melville,
29 vol. 1111.
TILLOTSON, Dr. John.— His Evidence in
behalf of Lord William Russell, 9 vol.
622.
TILNEY, Charies. See Abington, Edward.
TITCHBURNE, Chidiock. See Babington,
Anthony,
TOLERi John, Solioitor General for IpeUnd,
99 vol. t040t See Norbttr^f John Lord*
Attorney General for Ireland.-^*
His Speech for the Prosecution on the Trial,
of Henry and John Sheares for HighTreasoa.
in being concerned in the Irish Rebellion,'
27 vol. 292. — His Speech for the Prosecu-;
tion on the Trial of Oliver Bond for being
concerned in the same Rebellion, ibid. 536.
— His Speech for the Crown 00 the Issue
joined on the Plea in Abatement in the Case
of James Napper Tandy, ibid. 1219.
TOMKINS, Mr. See WaUer, Edmund.
TONE, Theobald Wolfe.— His Trial at Dublin 1
by a Court Martial for High Treason, in
entering into the military Service of the Ring 1
of France, 39 Geo. 3, 1798, 27 vol. 613.- |
He Confesses the Charge, ibid. 617.— His |
Address to the Court, ibid. 618. — He is cod- i
demned to Death, but commits Suicide, ibid.
623. —After the Sentence of the Court Mar-
tial, Mr. Curran moves the Court of Kiog's
Bench for a Habeas Corpus, on the ground
that the Court Martial had no Jurisdiction,
ibid. 624. — Account of Tone from the
" Memoirs of Mr. Curran by his Son," ibid.
613, 626 (note).
TONGE, Thomas.— His Trial with George
Phillips, Francis Stubbs, James Hind, John
Sellers, and Nathaniel Gibbs for High
Treason in being concerned in a Conspiracy
to kill the King, 14 Car. 2, 1662, 6 vol. 225.
—Their Arraignment, ibid. 229.— They all
plead Not Guilty, except Hind, who con-
fesses, ibid. ib. — Speeches of the Counsel
for the Prosecution, ibid. 281. — Evidence
against them, ibid. 233. — Their Defence,
ibid. 256.— Reply of the Solicitor General
(Sir Heneage Finch), ibid. 260.— Chief Jus-
tice Forster*8 Charge to the Jury, ibid, 262.
—The Jury find them Guilty, ibid.^263.—
Sentence of Death is passed upon them,
ibid. 264.--Their Conduct at the place of
Execution, ibid. 265. — Remarks of Ludlow
upon this Transaction, ibid. 271.- Proba-
bility that the Transactions out of which
these Proceedings arose were much exag-
gerated by the Court, ibid. 272.
TOOKE, John Home.— Proceedings against
him in the Court of King's Bench on the
Trial of an Information by the Attorney
General against him for a Libel, 17 Geo. 3,
1777,20 voL651.— The luformation, ibid,
ib.— He objects to the right of the Attorney
General to a Reply in the Case of an In-
formation, where the Defendant calls no
Witnesses, ibid. 661.— His Argument in
support of the Oljjection, ibid, ib.— I^rd
Mansfield rules that the Attorney General is
entitled to a Reply,ibid. 664.— The Attorney
General (Thurlow) opens the Case, ibid.
667. — Evidence for the Prosecution, ibid.
671.— Mr. Home Tooke's Speech in his
Defence, ibid. 675.— Evidence for him, ibid.
742.--The Attorney General's Reply, i^^*
745.~^Lord Mansfield's Charge to the Jury,
ibid. 769— The JU7 find him GuiUyi wd.
THE STATE TRIALS.
137
764.— Proceedings in the Court of King's
Bench on his being brought up for Judg-
menty ibid. ib. — He moves in arrest of Judg-
menty on an Objection to the Indictment,
ibid. ib. — ^The Attorney General's Answer
to the Objection, ibid. 766.— Mr. Tooke's
Keply, ibid. 767. — The Court overrule the
Objection, ibid. 772. — The Attorney Gene-
ral s Speech in aggravation of Punishment,
ibid. 775.— Mr. Tooke's Speech, ibid. 783. —
Sentence of the Court, ibid. 787. — He brings
a Writ of Error in Parliament, ibid. 789. —
The Judgment of the Court of King's Bench
is affirmed, ibid. 797. — His Trial for High
Treason by a Special Commission of Oyer
and Terminer at the Old Bailey, 35 Geo. 3,
1795, 25 vol. 1.— The Indictment, 24 vol.
224. — ^His Arraignment, ibid. 1404. — Nar-
rative of the Proceedings against him pre-
viously to his Trial, from Stephens*s Memoirs
of him> 25 vol. 1 (note). — Counsel for the
Prosecution and for the Prisoner, ibid. 2, &c.
— ^Address intended to have been delivered
by him upon his Arraignment, ibid. 7 (note).
— ^The Court in consideration of bis ill state
of health, permit him to sit near his Counsel,
ibid. 12. — Speech of the Solicitor General
(Sir John Mitford) for the Prosecution, ibid.
27. — Evidence for the Prosecution, ibid. 71.
— Mr. Erskine's Speech in his Defence, ibid.
257. — Evidence for the Defence, ibid. 325.
— ^Mr. Gibbs sums up the Evidence for the
Defence, ibid. 449. — Reply of the Attorney
General (Sir John Scott) ibid. 497. — Chief
Justice Eyre's Charge to the Jury, ibid. 555.
—The Jury acquit him, ibid, 743. — His Ad- ,
dress to the Court and Jury after his Acquit-
tal, ibid, ib.— -The Attorney General declines
offering Evidence against several other per-
sons charged in the same Indictment, and
they are discharged, ibid. 745.
TOPHAM. See Jay and Tophmn,
TOWNLEY, Francis.— His Trial for High
Treason in being concerned in the Rebellion
of 1745, 18 vol. 329. — ^The Indictment, ibid.
332. — Speeches of the Attorney General (Sir
Dudley Ryder), and Sir John Strange, for
the Prosecution, ibid. 335. — Evidence for
the Prosecution, ibid. 337. — The Defence,
ibid; 344.— Reply of the Solicitor General
(Mr. Murray), ibid. 346. — ^The Jury find him
Guilty, ibid. 347. — Mr. Justice Foster's
Report of this Case, ibid. ib. — Warrant for
his Execution, ibid. 349. — His Execution,
ibid. 351.
TOWNSEND, Mr.— Recorder of Chester.—
His Argument for the Prisoner on the Trial
of John Stevenson for Murder, 19 vol. 864.
TRACY, Robert, Judge of C. P. 9 Ann, 15
vol. 547, 939. — His Argument in favour of
the King's Prerogative respecting the Edu-
cation and Marriage of the Royal Family, 15
vol. 1219.-*- His Charge to the Jury on the
Trial of Edward Arnold for ihooting at
Lord ODfloWi 16 vol. 745.
TRANTER, Robert. See Beaton, Hugh.
TRAVERS, John. See Abington, Edward.
T^REBY, George, Counsel. — ^His Speech as
one of the Managers for the House of Com-
mons on the Trial of the Impeachment of
Lord Stafford, 7 vol. 1308.
■ Sir George, Recorder of London, 34
Car. 2. — His Argument for the Corporation
in the. Case of the Quo Warranto against the
City of London, 8 vol. 1099. — His Speech
in Defence of Sir Patience Ward on his
Trial for Perjury, 9 vol. 312. — His Ailment
for the Defendant in the Great Case of
Monopolies, 10 vol. 383. — His Evidence on
the Trial of Gates for Perjury, ibid. 1171 . —
He was one of the Counsel for the Seven
Bishops, 12 vol. 376.
Attorney General, 1
Will, and Mary, 12 vol, 597.
■ Chief Justice of C. P. 4
Will, and Mary, 12 vol. 1248, 1379, 13 vol.
1, 64, 139, 451. — He delivers his Opinion
with the other Judges on several Questions
of Law proposed to them by the House of
Lords on the Trial of Lord Mohun for
Murder, 12 vol. 1034, 1038, 1043, 1047.-—
His Charge to the Jury on the Trial of Peter
Cook for High Treason, 13 vol. 386. — His
Argument in the Banker's Case, 14 vol.
23.
TRELAWNY, Sir Jonathan, Bishop of Bristol.
See Seven Bishops, — Granger's Account of
him, 12 vol. 187.
TREMAIN, John, Serjeant-at-Law, 12 vol.685,
929.
TREMBLES, Mary. See Uoyd, Temperance,
TRESILLVN, Sir Robert, Chief Justice of
K. B. 11 Ric. 2. See Brambre, Nicholas, —
Proceedings in Parliament against him,
Alexander Nevil, Archbishop of York, Robert
Vere, Duke of Ireland, Michael De la Pole,
Earl of Suffolk, and Nicholas Brambre, for
High Treason, 11 Ric. 2, 1388, 1 vol. 89.—
He is appealed in Parliament with them of
High Treason, ibid. 96. — Articles of Appeal
against them, ibid. 101. — ^Tresilian, the
Archbishop, the Duke of Ireland, and the
Earl of Suffolk, do not appear, and*are found
Guilty, and sentenced to be drawn and
hanged, ibid. 114.-^Tresilian is discovered
concealed under a Table, ibid. 115.— Frois-
sart's Account of his" discovery, ibid. 116
(note). — He is drawn and hanged, ibid. 117.
— Magical Signs said to be found upon his
person, ibid. ib. — Remarks upon Tresilian's
Offence, by Mr. St. John in his Speech to
the House of Lords against the Judges for
their conduct in the Case of Ship-Money,
3 vol. 1276.
TREVORi Sir Thomas, Baron of the Eiche-
qu«ri 4 Car, « 1, d fol. a59.«-NQt«i of bit
GBNSBAI. IHPEX TO
TEEVOR, Sir Thomas, SoUdtot General, 4
Will, and Mar;.— His Speech for the Pro-
Hcntion on the Trial of Lord Mohun Id the
HouM of Lords for the Murder of Mr.
Monntford, 13 vol. 1009.
..-.,..- Aliorney General, 7
Will. 3.— Hifi Argument in the Court of
King'sBencb against the Diichargeof Kendal
and Roe, upou a Habeas Corpus sued out
by them, npon their CommitmeDt for High
Treason by the Secretary of State, 13 vol.
1366. — His Speech fbr Ihe Prosecutioo on
the Trial of Chamock, King, and Keyes for
High Treason, in being coocerned ia Ihe
Auaswnation Hot, ibid. 1391. — His Speech
on the Trial of Sir John Freind, 13 vol. IS.
—His Speech on the Trial of Sir William
Parkjns, ibid. TT.— His Speech on the Trial
of Ambrose Rookwood, ibid. I4T. — His
Speech on the Trial of Peter Cook, ibid.
349. — His Speech in the House of Commons
in the Debate respecting the mode of pro-
ceeding against Sir John Fen wick, ibid. 55B,
— His Speech for the Prosecution on the
Trial of Ihe Earl of Warwick for the Murder
of Mr. Coote, ibid, 965.— His Speech for
the Prosecution on the Trial of Lord Mohun
for the same Murder, ibid. 103G.
-Chief Justice of C. P.
3 Ann, 14 vol. 989.
TRIGGE, Thomaa. See Sachevirtll, WiUkm.
TRINDER, Henry, Seijeanl-al-Law.— He was
one of the Counsel for the Prosecution on
Ihe Trial of the Seven Bishops, 12 rol. 333.
TROY, John Thomas.— Proceedings in the
Court of King's Bench upon the Trial of an
Action brought by him against Henry Dela'
hay Symonda, for aLibel in the Ami-Jacobin
Review, 45 Geo. 3, 1805, 29 »ol. 503.~
Chunsel for the Plaintiff and for the De-
fendant, ibid. ib. — Mr. Ersktne's Speech for
the Plaintiff, ibid. 505.— Evidence for the
Plaintiff, ibid. 513. — Mr. Garrow's Speech
for the Defendant, ibid. 519.— Lord Elli
borough's Charge to the Jury, ibid. 546.
The Jury find a Verdict for the Plaintiff,
with 50f. Damages, ibid. 5S0.
TRUSSEL, Sir William, a Justiciary, 15 Edw,
a, laaa.^llis Address to ihe younger De-
spenser on passing Sentence upon him, 1
vol. 36.^ — He is appointed one of the Depu-
tation from the Parliament to resijiin their
39 Geo. 3, 1799, S7 toL 1137.— Evidcnoe
foi the FiosecuLoD, ibid. ib. — Evidence in
bis Defence, ibid. 1133.— The Jury find him.
Guilty, ibid. 1135.— Sentenoe of Dealli is
paned upon him, ibid. 1130.— He ia exe-
Guled, ibid. 1138.
TURNER, Anne.— Her Trial, as an Accessary
before the fad, to the Murder of Sir Thomas
Overhury, 13 Jac. 1, 1615, 3 vol. 930. — She
pleads Not Guilty, ibid. 931. — Letter from
Ftances, Countess of Essex, to her, ibid. ib.
—The Jury find her Guilty, and she is e»e-
cuted, ibid. 935.
TURNER, Anthony. See Wlutel»tad,Tkomat.
TURNER, Sir Christopher, Baron of the Ex-
chequer, 12 Car. 2, 6 vol. 769, 879.— He
tvas one of the Commissioners for the Trial
of the Regicides, 5 vol. 986. — He refuses
to try the Indictment against Joan Perry
and her two Sons, for the supposed Murder
of Mr. Harrison, because the Body had not
been found, 14 vol. 1318.
TURNER, Sir Edward, Counsel —His Speech
for the Prosecution on the Trial of Harrison,
the Regicide, 5 vol. 1015.— His Speech iu
Reply on tlie Trial of Jdin Cook, (he
Regicide, ibid. 1103.
TURNER, Dt. Francis, Bishop of Ely,
Granger's Account of him, 12 vol.165. See
Seven BUhcps.
TURNER, Colonel James.— His Trial with
John Turner, William Turner, Mary Turner,
and Ely Turner, at the Old Bailey, for
Felony and Burglary, 15 Car. 2, 1664, 6 vol.
566.— James, John, and William Turner
are indicted fbr Bur|riary, and Mary and
Ely Turner for being Accessaries after the
fact, ibid, ib.— They all plead Not Guilty,
ibid. 567. — Evidence against them, ibid.
573.— Their Defence, ibid. 594. — Chief
Justice Hyde's Charge to the Jury, ibid.
613. — Chief Justice Bridgman's Charge,
ibid. 613.— The Jury find James Turner
Guilty, and acquit the others, ibid. 615. —
His Confession, ibid. 617. — Sentence of
Death passed upon him, ibid. 619. — His
Conduct at the place of Execution, ibid. ib.
— Siderfin'a Report of this Case, ibid. 615
(note).- Kelyog's Report, ibid. 616 (note).
TURNER, Wimam.— His Trial under a Spe-
cial Commission at Derby for High Treason
in being concerned in the Luddite Insur-
rection, 57 Geo. 3, 1817, 32 vol. 957.— The
Indictment, ibid. 755. — Speech of the So-
licitor General (Sir Robert Gifford) for Ihe
Prosecution, ibid. 964. — Evidence for the
Prosecution, ibid. 975. — Mr- Serjeant Cross's
Speech for the Prisoner, ibid. 1046.— Evi-
dence for the Prisoner, ibid. 1068. — Mr.
Deuman's Speech on summing up the Evi-
dence for the Prisoner, ibid. 1059. — Keply
of the Attorney General (Sir S. Shepherd^
ibid. loe4.~Mr. Justice Dallai'i Chkrg* to
THE STATE TRIALS.
ia»
the Jury, ibid, 1101.— The Jury find him
GailtXfibid.l 1 34.-— He is executed, ibid.l 394.
TURPIN, Joseph. See SaehevereU, WiUum.
TUBTON, Sir John, Judge of K. B. 8 Will.
3, 13 vol. 451, 485, 14 vol. 134.— His
Charge to the Jury on the Trial of Kidd and
others for Piracy and Robbery, 14 vol. 211.
— His Charge on the Trial of the same per-
son on another Indictment, ibid. 228.
TUTCHIN, John.— His Trial at the Guildhall
of London, on an £x-ofHcio Information, for
a Libel entitled " The Observator," 3 Ann,
1704, 14 vol. 1095.— The Information, ibid,
ib. — ^The libellous Papers, as set out in the
Information, ibid. 109T. — Opening Speeches
of Sir Thomas Powis and the Attorney
General, for the Prosecution, ibid. 1102. —
ETidence for the Prosecution, ibid. 1105. —
At the close of the Case ibr the Prosecu-
tion, Mr. Mountague objects for the De-
fendant, that there is no proof of a publica-
tion within the City of London, ibid. 1117.
— ^The Objection is overruled, ibid. 1118. —
Mr. Mountague's Speech in his Defence,
ibid. 1119. — Reply of the Attorney General,
ibid. 1124.— Lord Holt's Charge to the
Jury, ibid. 1125. — ^Lord Holt leaves the
question of the character of the Publications
to the Jury, ibid. 1128. — ^The Jury find the
Defendant Guilty of composing and pub-
lishing the Libel, but not of writing it, ibid.
1129. — His Counsel move in arrest of Judg-
ment for an irregularity in the Jury-Pro-
cess, ibid. ib. — Arguments of Sir Thomas
Powis, the Attorney General, and Serjeant
Darnell on moving for a Rule to amend the
irregularity, ibid. 1135. — ^The Defendant's
Counsel shew cause against the Rule, ibid.
1151. — ^fteply of the Attorney General, ibid.
1179. — The Court are equally divided in
their Opinions upon the point, ibid. 1187. —
The Court quash the Trial, ibid. 1194.-- He
was never tried again on this Charge, ibid.
1195. — His Trial at Dorchester, before Chief
Justice Jefferies for being concerned in the
Duke of Monmouth's Rebellion, ibid. ib. —
Account of his Interview with Jefferies in
the Tower, ibid. 1199.
TWYN, John. See Brewster, 2%iwnai.— His
Trial for High Treason, in printing a Book
containing treasonable Doctrines, 15 Car.
2, 1663, 6 vol. 513. — Substance of the In-
dictment, ibid. 514. — He pleads Not Guilty,
ibid. 515. — Serjeant Morton opens the Case
a^inst him, ibid. 520. — Evidence against
bim, ibid. 522.— His Defence, ibid. 531. —
Chief Justice Hyde's Charge to the Jury,
ibid. 533. — ^The Jury find him Guilty, and
Sentence of Death is passed upon him, ibid.
535. — His Conduct at the place of Execu-
tion, ibid. 536. — Kelyng's Report of the
Resolution of the Court in this Case, that
the Offence charged amounted to High
Treason in the article of Compassing the
King's Deatbi ibid, 513 (note),
TWYSDEN, Thomas, 8e^eiiBt«at-Law.---His
unworthy Conduct when sent to the Tower
by Cromwell for pleading in Mr. Cony's
Case^ 5 vol. 936.
Sir Thomas, Judge of K. B. 13
Car. 2, 6 vol. 74, 206, 634, 769, 1297.
TYRRELL, Sir Tliomas, Judge of C. P. 18
Car. 2, 6 vol. 769.
TYRIE, David.— His Trial at Winchester for
High Treason, in holding a traitorous Cor-
respondence with the French Government,
22 Geo. 3, 1782, 21 vol. 815.— The Indict-
ment, ibid. ib. — Counsel for the Prosecution
and for the Prisoner, ibid. 818. — Evidence
ibr the Prosecution, ibid. 819. — Mr. Wat-
son's Speech in his Defence, ibid. S36. —
Evidence for the Prisoner, ibid. 843. — He
is found Guilty, and Sentence of Death is
passed upon him, ibid. 844. — Letter in his
hand-writing, containing treasonable matter,
discovered after his Trial, ibid. ib.
TYTLER, James. — ^Proceedings in the Court
of Justiciary against him for publishing a
Seditious Libel, 33 Geo. 3, 1798, 23 vol. 1.
— ^The Indictment, ibid, ib.— He is out-
lawed for not appearing to answer, ibid. 6.
UCHILTRIE, James, Lord. See Rea, Donald,
Lord, — -His Trial at Edinburgh for slandering
the Marquis of Hamilton and other Noble-
men, 7 Car. 1, 1631, 3 vol. 425.— Act of
Council, commanding the Lord Advocate to
proceed against him, ibid. ib. — Depositions
of him and Lord Rea before the Privy
Council, ibid.427. — Indictment against him,
ibid. 436. — Objections by his Counsel to the
Indictment, ibid. 441. — Lord Rea*s Rela-
tion, ibid. 446. — He is sentenced to per-
petual Imprisonment, ibid. 482.— Burnet's
Observations respecting him, ibid. ib. (note).
UDALL, John, a Puritan Minister. — Proceed-
ings on his Trial for Felony, on the Stat. 23
Eliz. cap. 2, for publishing a seditious Book,
32 Eliz. 1596, 1 vol. 1271.— Upon his
Arraignment, he applies for Counsel, which
is denied him, ibid. 1277. — He pleads Not
Guilty, ibid. ib. — He offers Witnesses in his
Defence, but the Court refuse to hear Evi-
dence against the Crown, ibid. 1281. — He
objects to Evidence of the Testimony given
on a former occasion by an absent person,
ibid. 1282. — The Court decide that the
Testimony of an absent person is sufficient,
if proved to be his by the Oaths of others,
ibid. ib. — He argues diat his Offence is not
within the Statute, ibid. 1283.— The Juiy
find him Guilty, ibid. 1290* — Judgment is
respited upon his submission, ibid* 1295. —
He is called upon at a subsequent Assizes,
and pressed to make a full Submission, ibid.
1297. — He delivers a Paper to the Judges,
containing his Reasons why Judgment should
be arrestedp ibid. 1298.-^Being called on
for Judgment, he prays to be heard in arrest
140
GENTEEAL INDEX TO
of Judgment, ibid. 1 300.— Sentence is passed
upon him, but he is reprieved, ibid. 1306.
—His points of belief, ibid. 1309.— The
King otScotland writes^to the Queen in his
behalf, ibid. 1314. — He offers to go as a
Missionary to Guinea, ibid. 1316.— The
Queen refuses to sign his Pardon, and he
dies in Prison, ibid. ib.
URLINESS,. Samuel. See Green, Obtain
Thomas.
USHER, James, Archbishop of Armagh.— His
Scheme for the Reformation of the Church,
6 vol. 3 (note).
USKE, Thomas. See Blake, John,
VALENTINE, Benjamin, See EUioU, Sir
John.
VANE, Sir Henry, the Elder.— Hi^ Evidence
against Lord Strafford, 3 vol. 1442.— Lord
Clarendon's Account of his Enmity to Lord
Strafford, ibid. 1443 (note).
VANE, Sir Henry, the Younger. — Proceed-
ings of Cromwell and his Council against
him for the publication of a Seditious
Book, 8 Car. 2, 1656, 5 vol. 791.— He is
ordered to find Security to do nothing to
the prejudice of the Government, ibid. 793.
—His Letter to the Clerk of the Council
refusing to give such Security, ibid. 793. —
Warrants of the Council for his Apprehen-
sion, ibid. 795. — ^His Remonstrance with
Cromwell, ibid. 796.-— He is imprisoned in
the Isle of Wight, but is afterwards set at
liberty, ibid. 799. — Ludlow's Account of
this Transaction, ibid, ib.— His Trial for
High Treason at the Bar of the Court of
King's Bench, 14 Car. 3, 1662, 6 vol.
119. — Reports of the points of Law deter-
mined in this Case, ibid. ib. — Argument
prepared by him for his Defence before
the Indictment was found, ibid. 136. —
The Indictment, ibid. 142. — He pleads
Not Guilty, ibid. 143.— Memoranda intend-
ed to have been used by him for an Argu-
ment to the Court before his Plea, ibid.
144. — ^The Attorney General opens the Case,
ibid. 148. — Evidence against him, ibid. 149.
-—His Defence, ibid. 152.— He suggests Ob-
jections in law and requires Counsel to
argue them, ibid. 153.— The Jury find him
Guilty, ibid. 156.— His own Account of the
substance of his Defence, ibid. ib. — On being
called upon for Judgment, he tenders a Bill
of Exceptions, which is refused, ibid. 169. —
The Bill of Exceptions tendered by him,
ibid. 171.— His Reasons for arresting the
Judgment, ibid. 176.— Sentence of Death is
passed upon him, ibid. 188.— His Behaviour
at his Execution, ibid, ib.— Ludlow's Ac-
countof him and of this Trial, ibid. ib. (note).
—Letter of King Charles the Second to the
Lord Chancellor respecting him, ibid. 187
(note) — Extracts from Burnet, Clarendon,
and other Historians, respecting him, ibid.
198.— Mr. Fox's Remark* upon hig Case. *
ibid. 201.
VAUGHAN, Felix, Counsel, 22 vol. 38a— His
Speech in Defence of Daniel Isaiac Eatoo, on
his Trial for publishing the Second Part of
Paine's Rights of Man, 22 vol. 767.— His
Speech in Eaton's Defence, on his Trial for
publishing Paine's *' Letter to the Addressers
on the late Proclamation," ibid. 800.— His
Speech in Defence of Briellat on his Trial
for speaking seditious Words, ibid. 929.
VAUGHAN, Sir John, Chief Justice of K. B.
22 Car. 2.— His Report of Bushell's Case,
6 vol. 999.
VAUGHAN, Captain Thomas.— His Trial in
the Admiralty Court for High Treason in
taking the Command of French Ships of
War on the High Seas, 8 Will. 3, 1696, 13
vol. 485.— -The Indictment, ibid. 488, 489
(note). — He pleads Not Guilty, ibid. 489.
— Speech of Sir John Hawles (Solicitor
General) for the Prosecution, ibid. 493.—
Evidence against him, ibid. 494.^— Evidence
for the Defence, ibid. 518. — Lord Holt's
Charge to the Jury, ibid. 525. — ^TheJury
find him Guilty, ibid. 529. — His Counsel
take several Objections in Arrest of Judg-
ment, ibid. 530. — He is sentenced to Death
and executed, ibid. 536. — His Commission
from the French King, ibid. ib. — Chief Jus-
tice Eyre's allusion to this Trial in the Case
of Sparenburgh v. Bannatyne, ibid. 485
(note).
VENNER, Thomas.— Archdeacon Echard's
Account of the Insurrection of the Fifth
Monarchy Men under him, 6 vol. 67 (note).
— ^Trial of him and several other Persons
concerned in the same Insurrection, ibid.
105. — Burnet's Account of the Insurrection,
ibid. 113. See James, John.
VERE, Robert, Duke of Ireland. See
Tresilian, Robert. Brambre, Nicholas,
VERNON, Sir George, Baron of tlie Exche-
quer, 4 Car. 1, 3 vol. 359.
:^ Judge of C. P. 13 Car.
1 . — His Opinion for the Crown in the Great
Case of Ship-Money, 3 vol. 1125.
VERULAM, Francis, Viscount. See Bacon,
Sir Francis.
VINCENT, Samuel. See Kirkb^, Richard.
VINT, John.— His Trial with George Ross, and
John Parry, for a Libel upon Paul the First,
Emperor of Russia, published in the Courier
Newspaper, 39 Geo. 3, 1799, 27 vol. 627.—
The Information, ibid, ib.— Mr. Erskine's
Speech in their Defence, ibid. 639.— Lord
Kenyon's Charge to the Jury, ibid. 639.— The
Jury find them Guilty, ibid. 642.— Sentence
of the Court, ibid. ib.
VOWELL, Peter. See Gerhard, John, '
VRATZ, Christopher, See Qmingsmarhi
Charles, Count, .
WADEi Cooper. See £ir%, JRuto^«
THE STATE TRIALS.
141
WAITE, Thomas, 5 vol. 1006, 1217. See
Regicides,
WAKEFIELD, Gilbert. See Cuthell, John.—
His Trial on an Ex-officio Information for
the publication of a Seditious Libel, 39 Geo.
3, 1799, 27 vol. 679.— The Information,
ibid. ib. — Speech of the Attorney General
(Sir John Scott) for the Prosecution, ibid.
702. — Mr. Wakefield's Speech in his De-
fence, ibid. 704. — Reply of the Attorney
General, ibid. 734. — ^Lord Kenyon's Charge
to the Jury, ibid. 735. — ^The Jury find him
Guilty, ibid. 737, — His Speech on being
brought up for Judgment, ibid. ib. — Mr.
Justice Grose's Address on passing the Sen-
tence of the Court upon him, ibid. 754. — He
is sentenced to two years Imprisonment in
Dorchester Gaol, ibid. 756. — He dies soon
after the expiration of his Imprisonment,
ibid. 760.
WAKEMAN, Sir George.— His Trial with
William Marshall, William Rumley, and
James Corker, at the Old Bailey for High
Treason, in being concerned in the Popish
Plot, 31 Car. 2, 1679, 7 vol. 591.— Corker
is arraigned with Whitebread and others, but
petitions for time, ibid. 311. — ^The Indict-
ment against him, ibid. 595. — The others
plead Not Guilty, ibid. ib. — The Indictment
against Sir George Wakeman, Rumley, and
Marshal, ibid. 592. — Sir Robert Sawyer's
Speech for the Prosecution, ibid. 597. —
Evidence for the Prosecution, ibid. 601. —
Gates's Evidence, ibid. 619. — ^Their Defence,
ibid. 638. — Evidence for the Defence, ibid.
644. — Rumley is not called upon for his
Defence, there being no sufficient Evidence
against him, ibid. 655. — Chief Justice
Scroggs's Charge to the Jury, ibid. 681. —
They are acquitted, ibid. 688.---Observations
on this Trial under the fictitious signature of
Ticklefoot, ibid. 687. — ^Answer to these Ob-
servations, ibid. 695. — Speech of Chief Jus-
tice Scroggs in the Court of King's Bench
on occasion of some libels on himself, pub-
lished in consequence of this Trial, ibid. 701 .
— Burnet's Account of this Trial, ibid. 591
(note). — Sir George Wakeman is examined
as a Witness on Oates's Trial for Perjury,
10 vol. 1175.
WALCOT, Thomas.— His Trial at the Old
Bailey for High Treason, in being concerned
in the Rye-House Plot, 35 Car. 2, 1683, 9
vol. 519. — ^The Indictment, ibid. ib. — The
Attorney General (Sir Robert Sawyer) opens
the Case for the Prosecution, ibid. 522. —
Evidence against him, ibid.*526. — Rumsey's
Evidence, ibid. ib. — His Defence, ibid.
552.— Reply of the Solicitor General (Finch),
ibid. 555. — Chief Justice Pemberton's Charge
to the Jury, ibid. 558. — ^The Jury find him
Guilty, ibid. 560.— His Sentence, ibid. 668.
^-His Execution and Dying Speech, ibid,
ib. — Burnet's Account of his Trial and Exe-
. «utiQD| JiUdi (flO^'-^Tlie Juclgmeot against
him reversed in Error in the Court of King's
Bench after the Revolution, ibid. 560. —
Record of the Proceedings in Error, ibid.ib.
— Sir Bartholomew Shower's Report of the
Proceedings in the House of Lords on the
affirmance of the Judgment of the Court of
King's Bench reversing his Attainder,
ibid. ib.
WALCOT, Sir Thomas, Judge of K. B. 36
Car. 2, 10 vol. 151, 1197.
WALKER, Clement.— He and Prynn exhibit
Articles of Accusation for the Commonwealth
against Colonel Fiennes for Cowardice in
surrendering the City and Castle of Bristol,
4 vol. 190.
WALKER, Thomas.— His Trial at Lancaster
with several other persons for a Conspiracy
to overthrow the Government, 34 Geo. 3,
1794, 23 vol. 1055.— The Indictment, ibid,
ib. — Indictment against Mr. Walker for
seditious Words, ibid. 1078.— His Corres-
pondence with the Secretary of State pre-
viously to his Commitment, ibid. 1055 (note)
— Account of the Proceedings against the
other Defendants previously to the Trial,
ibid. 1064 (note). — Indictment against
Cheetham, one of the Defendants, for se-
ditious Words, ibid. 1079. — Counsel for the
Prosecution and for the Defendants, ibid.
1081. — ^Mr. Law's Speech for the Prosecu-
tion, ibid.ib. — Evidence for the Prosecution,
ibid. 1088. — Dunn's Evidence, ibid. ib. —
Mr. Erskine's Speech for the Defendants,
ibid. 1102.— Evidence for the Defendants,
ibid. 1120 — On Dunn's Evidence being
directly contradicted, Mr. Law abandons the
Prosecution, ibid. 1164. — ^The Defendants
are acquitted, ibid. ib. — Dunn is tried and
convicted of Perjury in his Evidence on this
Trial, ibid. 1165.
WALL, Joseph, Governor of the Island of
Goree.— His Trial at the Old Bailey for the
Murder of Benjamin Armstrong by flogging
him for being concerned in a pretended
Mutiny, 42 Geo. 3, 1802, 28 vol. 51.— The
Indictment, ibid. 1438. — Speech of the At-
torney General for the Prosecution, ibid. ib.
— Evidence for the Prosecution, ibid. 64.—
The . Prisoner's Defence, ibid. 101. — Evi-
dence for the Prisoner, ibid. 105. — Evidence
for the Prosecution in Reply, ibid. 138. —
Chief Baron Macdonald's Charge to the
Jury, ibid. 143. — ^The Jury find him Guilty,
ibid. 178. — ^The Recorder passes Sentence
of Death upon him, ibid. 1439. — He is exe->
cuted, ibid. 178.
WALLACE, James, Counsel. — ^His Argument
for the Duchess of Kingston on her Trial for
Bigamy, that a Sentence of the Ecclesias*
tical Court is a conclusive answer to a
criminal charge founded upon the facts
which formed the subject matter of that
Sentence, 20 vol. 374. — His Argument in
Reply ia t^Q same Casej ibidi 508<«-<'Hiii
142
GENERAL INDEX TO
Argument for the Defendant in the Case of
the Island of Grenada, 20 Tol. 277.
Solicitor General, 19 Geo.
/ 3, 21 vol. 1061.
■ Attorney General, 21 Geo.
3, 22 vol. 15. — His Speech for the Prosecu-
tion in the Case of Lord George Gordon for
High Treason, 21 vol. 499. — His Speech for
the Prosecution in the case of Francis De
La Motte for High Treason, ibid. 708.
WALLER. Edmund.'— Proceedings against
him, Mr. Tomkins, Mr. Challoper, and
others, before a Council of War, for a Plot
against the Parliament, 19 Car. ], 1643, 4
vol. 626. — The House of Commons commu-
nicate the Particulars of the Plot to the
Lords, ibid. ib. — Upon discovery of the
Plot, the i Parliament order an Oath or
Covenant to be taken by Members of Par-
liament and the Army, ibid. 631. — ^Tomkins,
Challoner, and others, are tried by a Council
of War and sentenced to Death, ibid. 632.
— Mr. Tomkins's Speech immediately before
his Execution, ibid. ib. — Mr. Challoner's
Speech, ibid. 633. — Mr. Waller's Speech in
the House of Commons, ibid. 635. — ^He is
expelled the House and condemned to die
by a Council of War, but is reprieved by
General Essex, ibid. 638. — He is imprisoned
a year, pays a Fine of 10,000/. ana is dis-
charged, ibid. ib. — Lord Clarendon's Ac-
count of this Transaction, ibid. ib. — White-
locke's Account of it, ibid. 650.— Letter
from Mr. Waller to Colonel Godwin upon
his Accusation, ibid. 652.
WALLER, Sir Hardress, 5 vol. 995, 1220. See
Regicides.
WALLER, Sir William. See HoUis, DenxU.
WALLIS, Dr. John.— Letter written by him
on the Art of Deciphering, 16 vol. 540
(note).
WALLOP, Richard, Counsel, 8 vol. 561.—
His Argument in support of the Plea in
Abatement in Fitzharris's Case, 8 vol. 303.
— His Speech for the Defendants on the
Trial of Braddon arid Speke, 9 vol. 1165. —
His Argument in Arrest of Judgment in
Rosewell's Case, 10 vol. 269.— Chief Justice
Jefferies's Abusive treatment of him on the
Trial of Richard Baxter, 11 vol. 498.— He is
assigned as Counsel to Lord Stafford to argue
the points of law in his Case, 7 vol. 1525.
WALMESLEY, Sir Thomas, Judge of C. P.
43 Eliz. 1 vol. 1334.— He dissents from the
Opinion of the Judges in the Case of the
Postnati, 2 vol. 576.
WALPOLE, Horatio.— His Evidence on the
Trial of Francis Francia for High Treason,
15 vol. 915.
WALPOLE, Robert.— His Speech in the
House of Commons in t!ie Great Case of
Ashby and White, 14 vol. 774.— His Speech
as one of the Managers for the Commons on
the Trial of Dr, Sacheverell, 16 vol. 112.
WALSINGHAM, Sir Francis.— He was one
of the Commissioners appointed by Queeu.
Elizabeth for the Trial of Mary, Queen of
Scots, 1 vol. 1167.
WALTER, Sir John, Chief Baron of the
Exchequer, 6 Car. 1, 3 vol. 359. — White-
locke's Account of the Causes of his removal
from the Bench by Charles the First, 3 vol.
292 (note). — Being discharged flrom ' his
Office by a Message from the King, he re«
fused to quit his place as Chief Baron, unless
compelled by legal Proceedings, ibid. ib.
WALTERS, Rowland.— His Trial with Bear-
ing, Bradshaw, and Ambrose Cave, for the
Murder of Sir Charles Pymm, 4 Jao. 2, 1688.
12 vol. 113.— The Indictment, ibid. ib. —
Evidence for the Prosecution, ibid. 115. —
Mr. Baron Jenner's Charge to the Jury, ibid.
120.— The Jury find Walters guilty of Man-
slaughter, and acquit the others, ibid. 122.
WARBURTON, Sir Peter, Judge of C. P. 43
Eliz. 1 70I. 1334, 2 vol. 1, 576.— He was
one of the Commissioners for the Trial of
the Conspirators in the Powder Plot, 2 vol.
159.
WARBURTON, Peter, Judge of the Upper
Bench during the Commonwealth, 4 vol.
1269, 5 vol. 841.
WARD, Edward, Counsel.— His Argument
in support of Lord Russel's Challenge of a
Juror tor not having a Freehold in London,
9 vol. 589.— His Speech for the Defendant
in the Case of Pritchard, v. Papillon, 10 vol.
334.— His Argument for the Plaintiff in
support of the Demurrer to the Plea in the
Case of the Earl of Macclesfield v. Starkey,
ibid. 1342.
^ Attorney General, T Will.
3. — His Speech for the Prosecution on the
Trial of Crosby for High Treason, 12 vol.
1293.
• Sir Edward, Chief Baron of the Ex-
chequer, 8 Will. 3, 12 vol. 1379, 13 vol. 144,
451, 15 vol. 547.— His Charges to the Jury
on the several Trials of Kidd and others for
Piracy and Murder, 14 vol. 143, 180.
WARD, Sir Patience.— His Trial at the Bar of
the Court of King's Bench, for Perjury in his
Evidence on the Trial of an Action of Scan-
dalum Magnatum between the Duke of York
and Thomas Pilkington, 35 Car. 2, 1683, 9
vol. 299. — Speeches of the Attorney General
and Serjeant Jefferies for the Prosecution,
ibid. 300. — Evidence for the Prosecution,
ibid. 303.— His Defence, ibid. 312.— Evi-
dence for him, ibid. 317.— Speech of Sir
George Treby in his Defence, ibid. 332.—
Mr. Williams's Speech on the same side,
ibid. 333.— Sir Francis Winningtoe's Speech,
ibid. 336. — Speech of the Attorney General
in Reply, ibid. 338.— Speech of Sir George
Jefferies,ibid. 343.— Chief JusticeSaunders's
Charge to the Jury, ibid. U6,^Jhe Jvtrj
THE STATE TRIALS.
148
find him Guilty, ibid« 350.— Account of this
Trialy from Narcissus LuttrelFs MSS., ibid,
ib. — ^After the RcFolution, Sir Patience Ward
was returned as one of the Members of Par-
hament for the City of London, ibid. ib.
WARNER, Dr. John, Bishop of Peterborough.
See Twelve Bishops.
WARREN, Dr. John. See Bangor, Bishop of.
WARWICK AND HOLLAND, Edward, Earl
of. See Mohuny Charles Lord. — His Trial
before the House of Lords for the Mulder
of Richard Coote, 11 Will. 3, 1699, 13 vol.
939. — Commission to Lord Chancellor
Somers to be Lord High Steward, ibid. 940.
— ^The Indictment, ibid. 945. — ^The Coroner's
Inquisition, ibid. 946. — ^The Lord High
Steward's Address to him on his being
brought to the Bar, ibid. 952. — ^He pleads
Not Guilty, ibid. 954.— Speech of the At-
torney General (Sir Thomas Trevor), for the
ProsecutioD, ibid. 955. — Evidence for the
Prosecution, ibid. 957. — His Defence, ibid.
996. — Evidence in support of the Defence,
ibid. 998.— He proposes to call Mr. French,
who had been previously convicted of
Manslaughter for being concerned in the
same Transaction, and had been allowed his
Clergy, but was not burned in the hand,
ibid. io02.— The Attorney General objects
to the competency of the Witness, ibid.
1095. — His Argument in support of the
Objection, ibid. ib. — Sir Thomas Powis's
Argument for the Earl in favour of the com-
petency of the Witness, ibid. 1007. — Argu-
ment of Serjeant Wright in reply, ibid. 1011 .
— ^The Judges deliver their Opinion against
the competency of the Witness, ibid. 1014.
— ^Speech of the Solicitor General (Sir J.
Hawles), in Reply upon the Evidence, ibid.
1026.*-*He is unanimously acquitted of
Murder, but found Guilty of Manslaughter,
ibid. 1031. — ^He claims the Privilege of
Peerage and is discharged, ibid. 1032.
WARWICK, John Dudley, Earl of. See
Northumberland^ John Dudley, Duke of.^^
H Trial in the Court of the Lord High
Steward for asserting the Title of Lady Jane
Grey to the Crown, 1 Mary, 1553, 1 vol.
765. — He is executed, ibid. 767.
WARWICK, Thomas, Earl of. See Glocester,
TJtomas, Duke of.
WATSON, James. See Leach, Dn/den,
WATSON, James (the Elder).— His Trial at
the Bar of the Court of King's Bench for
High Treason, 57 Geo. 3, 1817, 32 vol. 1.—
Mr. Justice Bayley's Charge to the Middle-
sex Grand Jury, ibid. ib. — ^The Grand Jury
return a true Bill for Treason against Arthur
Tbistlewood, James Watson, the Elder,
James Watson, the Younger, Thomas Pres-
ton, and John Hooper, ibid. 8. — The In-
dictment, ibid. 10. — Counsel for the Prose-
cvtieu and for the Prisoner; ibid. 20,-^The
Attorney General (Sir Samuel Shepherd)'
elects to try James Watson, the Elder, firsb
ibid, 21. — Speech of the Attorney General
for the Prosecution, ibidf. 26. — Evidence for
the Crown, ibid. 56. — Examination in chief
of John Castle, the Accomplice, by Mr.
Gurney, ibid. 214. — His Cross-Examination
by Mr. Wetherell, ibid. 284.— Mr. Wetherell's
Speech for the Prisoner, ibid. 420.^-His
Remarks upon tlie Witness, Castle, ibid.
354, 358. — Evidence for the Prisoner, ibid.
474. — Mr. Serjeant Copley's Speech on
summing up the Evidence for the Prisoner,
ibid. 499. — Reply of the Solicitor General
(Sir Robert Gifford), ibid. 538.— Lord
EUenborough's Charge to the Jury, ibid.
578. — ^Tlie Jury acquit the Prisoner, ibid.
673. — The Attorney General offers no Evi-
dence against the other Prisoners, and they
are discharged, ibid. 674.
WATSON, Dr. Thomas, Bishop of St. David's.
—Proceedings against him for Simony and
other offences, 7 Will. 3, 1695, 14 voL 447.
— Summary of the Irregularities alleged
against him, ibid. ib. — Petition of several
Gentlemen to the House of Lords against
him, praying for leave to prosecute him,
ibid. 452. — His Answer thereto, ibid. ib. —
Proceedings in the House of Lords upon his
resumption of his Privilege, after bis oepriva-
tion by the Archbishop of Canterbury, ibid.
454. — Arguments of his Counsel that the
Archbishop had no power to deprive him,
ibid. 455. — Arguments of Counsel on the
other side, ibid. 459. — Record of the Pro-
ceedings before the Ecclesiastical Judges,
ibid. 463. — Burnet's Remarks upon these
Proceedings, ibid. 467. — Accounts given
of the Bishop by different Writers, ibid.
470. — Burnet says that " he was one of the
worst men he ever knew in Holy Orders,"
ibid. 468.
WATSON, William. See Markham, Sir
Griffin,
WATT, John. See Semple, John.
WATT, Robert.— His Trial at Edinburgh for
High Treason, under a Special Commission
of Oyer and Terminer, 34 Geo. 3, 1794, 23
vol. 1167. — The Commission, ibid. ib. —
Precept for the Grand Jury, ibid. 1169. —
The Lord President's Address to the Grand
Jury, ibid. 1171. — Precept for the Petit
Jury, ibid. 1183. — Counsel for the Prose-
cution and for the Prisoner, ibid. 1184.—
Mr. Anstruther's Speech for the Prosecu-
tion, ibid. 1189. — Evidence for the Prosecu-
tion, ibid. 1220.— Evidence for the Prisoner,
ibid. 1321. — Mr. Hamilton's Speech for the
Prisoner, ibid. 1328. — ^The Lord Advocate's
Reply, ibid. 1360. — The Court sum up the
Evidence, ibid. 1386. — ^The Jury find him
Guilty, ibid. 1394.— His Declaration and
Confession, ibid. ib. — Mr. Hamilton's Ar-
gument in arrest of Judgment, 24 vol. 192.
—The Court overrule the Objection* in
144
GENERAL INDEX TO
arrest of Judgment, ibid. 197.— Sentence
is passed upon him, ibid. ib. — Account of
his Execution, ibid. 198.
•
WEARG, Clement, Counsel. — He opens the
Indictment on the Trial of Christopher
Layer for High Treason, 16 vol. 138.— His
Speech in Reply in the House of Lords in
favour of the Bill of Pains and Penalties
against Bishop Atterbury, ibid. 629.
Sir Clement, Solicitor General, 10
Geo. 1. — His Speech in support of the
general Charge on the Trial of the Impeach-
ment of Lord Chancellor Macclesfield, 16
vol. 813.
WEBB, Philip Carteret. —Note of the Pro-
ceedings against him for Peijury in his Evi-
dence on the Trial of the Action, brought by
Mr. Wilkes to try the validity of General
Warrants, 19 vol. 1172.
WEBSTER, Augustin. See Houghton, John.
WEDDERBURNE, Alexander, Solicitor Ge-
neral. See Loughborough, Alexander, Lord,
— His Argument in the Duchess of King-
ston's Case against the conclusiveness of a
Sentence of the Ecclesiastical Court as an
Answer to a criminal Charge founded on
Facts, virhich formed the subject-matter of
that Sentence, 20 vol. 464.
■ ■ Attorney Ge-
neral, 19 Geo. 3. — His opening Speech for
the Prosecution in the Case of the Madras
Council, 21 vol. 1061.— His Reply in the
same Case, ibid. 1195. — In 1780, he was
Chief Justice of the Common Pleas, in 1793
Lord Chancellor, and in 1801 was created
Earl of Rosslyn, ibid. 1061 (note).
WEDDERBURNE, Sir John.— His Trial for
High Treason, in being concerned in the
Rebellion of 1745, 20 Geo. 2, 1746, 18 vol.
425. — Evidence against him, ibid. ib. — His
Defence, ibid. 426. — He is convicted, ibid.
427. — Mr. Justice Foster's Report of this
Case, ibid, ib.— Account of his previous
History, ibid. ib. — He is executed, ibid. 428.
WEIGHTMAN, George.— Hi^ Trial at Derby
for High Treason, under a Special Com-
mission for the Trial of persons concerned
in the Luddite Insurrection, 57 Geo. 3,
1817, 32 vol. 1307.— The Indictment, ibid.
755.— Evidence for the Prosecution, ibid.
1316.-~His Counsel decline entering into
any Defence, the Facts proved being the
same upon which Verdicts of Guilty had
been returned against three other persons
successively by other Juries, ibid. 1380. —
Mr. Justice Holroyd's Charge to the Jury,
ibid. 1384.— The Jury find him Guilty, but
recommend him to Mercy, ibid. 1386. — He
is afterwards pardoned, upon condition of
being transported for Life, ibid. 1394.
WEIR, WilUam. See Lowrie, WiUiam,
WEW>ON James.— His Trial in Ireland for
High Treason^ in being concerned in the
Insurrection of the Defenders, 36 Geo. 3,
1795, 26 vol. 225.— The Indictment, ibid;
228. — His Counsel make Objections to the
Caption of the Indictment, which are over«
ruled by the Court, ibid. 236. — ^The Prisoner
pleads in Abatement a wrong Addition to his
name in the Indictment, ibid. 237.— A
Panel is returned instanter to try the issue
upon the Plea in Abatement, ibid. ib. — ^The
Jury return a Verdict for the Crown upon
that Issue, ibid. 242. — Tlie Prisoner pleads i
Not Guilty, ibid. ib. — ^The Attorney Gene-
ral's Speech for the Prosecution, ibid. 243. '
— Evidence for the Prosecution, ibid. 251. I
— Mr. Curran's Speech for the Prisoner,
ibid. 264. — Mr. Justice Finucane's Charge
to the Jury, ibid. 278. — Mr. Justice Cham-
berlain's Charge to the Jury, ibid. 284.—
Mr. Baroii George's Charge, ibid. 286.—
The Jury find him Guilty, ibid. 289.— His
Counsel move in arrest of Judgment upon
a technical Objection to the Indictment,
ibid. ib. — ^The Court overrule the Objection,
ibid. 292. — Sentence is passed upon him,
and he is executed, ibid. ib.
WELLING, Thomas and Elizabeth, See
Hathaway, Richard,
WELLS, Susannah. See Squires, Mary,
WENTWORTH, Sir John. See HoUis, Sir
Jcjm,
WENTWORTH, Sir Thomas. See Sirt^ord.
Thomas, Earl of. --His Speech in the Debate
upon the Liberty of the Subject, on occasion
of the Imprisonment of several Gentlemen
for refusing to lend upon the Commission
of Loans, 3 vol. 61.
WENTWORTH, Thomas, Lord. See Straf-
ford, Thomas, Earl of. — ^He apparently pro-
moted the Prosecution of Sir David Fowlis
and others, on a Charge of opposing the
King's Service, and traducing his Oflicers of
State, 3 vol. 585.--His Judgment in the
Star Chamber respecting the Sentence to be
passed upon Henry Sherfield for breaking
a Window ill a Church, ibid. 553.
WEST, Mr.— His Speech in the House of
Lords on summing up the Evidence on
behalf of the Commons, on the Trial of the
Impeachment of Lord Chancellor Maccles-
field, 16 vol. 1057.
WESTON, Francis. See Norris, Henry,
WESTON, Sir Francis, Baron of the Exche-
quer, 13 Car. 1.— -His Argument on deliver-
ing his Judgment for the Crown in the Case
of Ship-Money, 3 vol. 1065.
WESTON, Richard.— His Trial for the Murder
of Sir Thomas Overbury, 13 Jac. 1, l^lo,
2 vol. 911.— Lord Coke's Charge lo tue
Grand Jury, ibid, ib.— The Indictment,
ibid. 912.— He pleads Not Guilty, Dw
refuses to put buuself upon the CQ^mfi
THE STATE TRIALS.
though threatened with the Peine forte et
dure, ibid. 913. — Lord Coke explains to
him the Punishment of the Peine forte et
dure, ibid. ib. — Evidence against him, ibid.
919. — He at length puts himself upon the
Coantiy, ibid. 923. — Further Evidence
against him, ibid. 925.— He is found Guilty,
condemned^ and executed, ibid. 928.
WESTON, Sir Richard, Baron of the Ex-
chequer, 32 Car. 2, 7 vol. 1528. — His Charge
to the Jury on the Trial of Elizabeth Cellier
for a Libel, ibid. 1183.— Roger North's
Character of him, 8 vol. 166 (note).
WETHERELL, Charles, Counsel.— His Ar-
gument for George Easlerby, on liis Trial
•with William Codling and others for
feloniously destroying a Ship at Sea, in order
to defraud the Underwriters, 28 vol. 291 .—
His Speech in defence of James Watson,
on his Trial for High Treason, 32 vol. 420.
WHARTON, Thomas, Lord. See Batftunt,
Charles,
WHARTON, John. See Lilbum, John.
WHISTON, William.—His Inquiry into the
Evidence of Archbishop Cranmer's Recan-
tation, 1 vol. 844.— Proceedings against him
for publishing Doctrines contrary to the
Established Religion, 10 Anne 171 1» 15
vol. 703. — ^Address of the Archbishop and
Bishops of the Province of Canterbury to
the Queen, praying her to require the
Opinion of the Judges, 'whether they have
the power of proceeding against him in
Convocation, ibid. ib. — ^The Queen refers
the matter to the Judges and the Attorney
and Solicitor General, ibid. 704.— Opinions
of the Judges and of the Attorney and
Solicitor General thereon, ibid. ib. — Pro-
ceedings of the University of Cambridge
against him, ibid. 707. — Doctrines dissemi-
nated by him in the University, ibid. 708.
— ^He is banished from the University, ibid.
710. — Burnet's Account of Whiston's Case,
ibid. 711.
WHITAKER, Edward, Counsel.— His Argu-
ment against the Amendment of the Record
of the Jury Process in Tutchin's Case, 14
vol. 1176. — His Speech in Defence of
Dammaree, on his Trial for High Treason,
15 vol. 562.
■ Seijeant-at-Law, 17
vol. 213. — His Speech in Reply for the Pro-
secution on the Trial of Hales and Kin-
nersley, for forging an Indorsement upon a
Promissory Note, 17 vol. 247.
WHITBREAD, Samuel.— His Speech as one
of the Managers for the House of Com-
mons on the Trial of the Impeachment of
Lord Melville, 29 vol. 625. — His General
Reply for the Commons in the same Case,
ibid. 1392.
^THITE, Charles, See Goodcre. Capium
VOL, XXXIV,
145
j^omtfe/.- His Trial at the Bristol Gaol
Delivery for the Murder of Sir John Dinely
Goodere, 14 Geo. 2, 1741, 17 vol. 1079. —
The Indictment, ibid. ib. — Evidence for the
Prosecution, ibid. 1082. — His Examination
and Confession before the Magistrates, ibid.
1085.— His Defence, ibid. 1087.— The Re-
corder's Charge to the Jury, ibid. 1089.
The Jury find him Guilty, ibid. 1090.—
Sentence of Death is passed upon him, ibid.
1091.— He is executed, ibid. 1094.
WHITE, Henry.— His Trial Tvith John Har-
riott Hart for Libels upon Sir Simon Le
Blanc and the Administration of Justice,
contained in certain Remarks upon a Trial
in the Admiralty Court, published in the
Independent Whig, 48 Geo. 3, 1808, 30
vol. 1131. — ^The Information, ibid. ib. —
Speech of the Attorney General (Sir Vicary
Gibbs) for the Prosecution, ibid. 1156. —
Evidence for the Prosecution, ibid. 1167. —
Mr. Adolphus's Speech for the Defendants,
ibid. 1169.— Reply of the Attorney Gene-
ral, ibid. 1180. — Mr. Justice Grose's Charge
to the Jury, ibid. 1189.— The Jury find
them Guilty, ibid. 1194.— Their Trial for
Libels upon Lord Ellenborough and the
Administration of Justice, contained in
Remarks on a Trial of an Action of Assault
in the Court of King's Bench, published in
the Independent Whig, ibid. 1193. — The
Information, ibid. 1194.— Speech of the
Attorney General for the Prosecution, ibid.
1226.— Mr. Clifford's Sjpeech for the De-
fendants, ibid. 1247. — Tne Attorney Gene-
ral's Reply, ibid. 1301. — ^Proceedings on a
Motion for a new Trial, on the ground of
the Evidence of Publication in London being
insufficient, ibid. 1316. — The Motion is
refused, ibid. 1319. — ^Judgment of the Court
upon the Defendants upon both Informa-
tions, ibid. 1321. — ^They are sentenced to
be imprisoned respectively at Dorchester
and Glocester Gaols for 18 Months on each
Conviction, and to give Security, ibid, ib.—
The Defendants bring a Writ of Error in
the House of Lords to reverse the Judgment ^
of the Court of King's Bench, ibid. 1322. — '
Mr. Clifford's Argument for the Plaintiffs
in Error, that the Court of King's Bench has
no power to award imprisonment out of the
County in "which the Offence was coinmit-
ted, or in which the Court was sitting at the
time of passing the Sentence, excepting in
the immediate Prisons of the Court, and
also that the Security required is illegal and
excessive, ibid. 1325. — ^Argument of the
Attorney General in support of the Judg-
ment, ibid. 1335. — ^Argument of the Solicitor
General (Sir Thomas Plumer) on the same
side, ibid. 1337.— Mr. Clifford's Reply, ibid.
1340. — The Judges deliver their Opinion
that the Court of King's Bench has the
power of imprisoning in any Gaol in the
Kingdom^ and of requiring Sureties for
good BehayiQur for a reasonable timei ibidi
146
GENERAL INDEX TO
1344.^The Jadgment is unatiimously af-
flrmedyibid. 1346.
WHITIi, Dr.Thomas, Bishop of Peterborough.
See Seven Bishops,
WHITEBREAD, Thomas.— His Trial with
William Harcourt, John Fen wick, John
Gavan, and Anthony Turner, for High
Treason, in being concerned in the Popish
Plot, 31 Car. 2, 1679, 7 vol. 311.— White-
bread and Fenwick are arraigned and put
on their Trial with Ireland and others, but
the Jury are discharged as to them, for want
of Evidence for the Prosecution, ibid. 120.
— Remarks on the illegality of this Proceed-
ing, ibid. 497 (note). — ^These two object
that they ought not by law to be placed a
second time in jeopardy, ibid. 315.— The
Court overrule the Objection, ibid. 316. —
Indictment against them, ibid. 313. — ^They
plead Not Guilty, ibid. 317. — Speech of
Sir Creswell Levinz for the Prosecution,
ibid. 320. — Oates's Evidence against them,
ibid. 322. — Further Evidence against them,
ibid. 334. — Their Defence, ibid. 357. —
They require that their Witnesses may be
sworn, which is refused by the Court, ibid.
359. — Evidence for them, ibid. ib. — ^The
King's Counsel reply, ibid. 393. — Evidence
in Reply for the Crown, ibid. 395. — ^They
are further heard in their Defence, ibid. 403.
— Chief Justice Scroggs*s Charge to the
Jury, ibid. 411. — They are found Guilty,
ibid, 418. — The Recorder (Jefferies) passes
Sentence of Death upon them, ibid. 487. —
Their Conduct at the place of Execution,
and their Dying Speeches, ibid. 491, 585. —
Animadversions on the Speeches delivered
by them at the place of Execution, ibid.
543. ^
WHITELOCKE, Bulstrode. See Ho^ts,
Denzil, — ^He conducts the Charge for the
Commons on the seven last Articles of
impeachment against Lord Strafford, 3 vol.
1438. — Lord Strafford's favourable Opinion
of his mode of conducting the Charge
against him, ibid. 1456 (note). — His Ac-
count of Lord Strafford's Defence of him-
self, ibid. 1467 (note).-^He carefully ab-
stains from all share in the Trial of the
King, 4 vol. 990 (note).
' ■■ Sir Bulstrode, Lord Com-
missioner of the Great Seal of the Common-
wealth. — His Argument on delivering his
Opinion in the negative on the Question
whether James Nayler should be put to
Death for Blasphemy, 5 vol. 821.
WHITELOCKE, James, Counsel.— Proceed-
ings in the Star Chamber for a Contempt
ia giving a professional Opinion on a
Question of Prerogative, 2 vol. 765. — Mr.
Margrave's Introductory Note to this Case,
ibid. ib. — Sir Francis Bacon's Speech for
the Pr9se€tttie»; ibid. 76^
Sir James, Judge of K. B.
3 Car. 1, 3 vol. 369, 421.— His Answer in
the House of Lords to the Charge of the
House of Commons against him for concur-
ring in the Judgment of the Court of King's
Bench on the Habeas Corpus brought by
Sir Thomas Darnell and others, imprisoned
for refusing to lend upon the Commission
of Loans, ibid. 161.— His Report of the
Case referred to him and the other Judges
by Charles the First, respecting the proposed
Trial by Battle of an Appeal of Treason,
brought by David Ramsay against Donald,
Lord Rea, ibid. 495.
WHYTE,Alexandcr.— His Trial at the Quarter
Sessions at Newcastle-upon-Tyne for pub-
lishing a Seditious Libel, 33 Geo. 3, 1793,
22 vol. 1238.— Evidence for the Prosecu-
tion, ibid. ib. — The Defendant's Address to
the Jury, ibid, 1241.— The Jury at first
return a Verdict of Not Guilty of Publishing,
and afterwards a General Verdict of Not
Guilty, ibid. 1248.
WICKHAM, John. See PWdngton, Thomas.
WICKLIFFE, John.— Proceedings against
him for Heresy, 51 Edw. 3, 1377, 1 vol. 67.
— -Articles of his heretical Doctrines, ibid.
ib. — Bull of Pope Gregory the Eleventh to
the University of Oxford respecting him,
ibid. 68. — The Pope's Letter to Richard
the Second respecting him, ibid. 70. — His
Conclusions exhibited to the Convocation
of Bishops at Lambeth, ibid. 71. — His
Exposition and Defence of his Conclusioas,
ibid. 73. — He is charged not to preach his
heretical Doctrines again, and dismissed,
ibid. 78. — In 1382 he is again summoned
before a Convocation, ibid. 79. — Further
Articles of heretical Doctrines exhibited
against him, ibid. 80. — ^Letter of the Arch-
bishop of Canterbury to the Bishop of
London, enjoining .him to suppress the
Doctrines of Wickliffe and his adherents,
ibid. 82. — Letter from the Archbishop to
the Chancellor of the University of Oxford,
commanding him to forbid Wickliflfe and
his followers from preaching their Doctrines
in the University, ibid. 84. — Statute for
restraining the diffusion of his Doctrines,
ibid. 86. — ^Tbe Statute is repealed, ibid. 88.
— ^Wickliffe's Letter to Pope . Urban the
Sixth, with a Confession of his Faith, ibid,
ib, — He dies at Lutterworth, ibid. 90, 225.
WICKSTONE, Sir
Richard,
See Knigktlm/^ Sir
WIDDRINGTON, WilKam, Lord. SeeDcr-
wentwater, James, Earl of,
WIGHTMAN, Edward. See Legatt, Bar-
Mo/oTWcw. — Proceedings against him for
Heresy, 10 Jac. 1, 1612, 2 vol. 727.--He is
convicted before the Bishop of litdifield
and Coventry, ibid. 730. — His Doctrines,
ibid, 735. — Precept to the Lord Chancellor
.to i9juie the Wnt. De h^eretiwo cottbwei^o,
THE ST^ATE TRIALS.
147
iWd. r«4.— Writ to the Sheriff, ibid. 737.—
He is burned at Litchfield, ibid. 730.
WIIX30CKS, Samuel. See Green^ Captain
Thomas.
WILDE, George, Serjeant-at-Law. — Ilis
Speech for the Commons in support of the
Charge against Sir Edward Herbert, the
King's Attorney General, 4 vol. 124. — He
is appointed by the Commons with others,
to manage tlie Impeachment of Archbishop
Laud, ibid. 347. — His Speech on opening
the Impeachment of Laud in the House of
Lords, ibid. 353.
■'■ Chief Baron of the Ex-
chequer during the Commonwealth, 5 vol.
416.
WILDE, Sir William, Knight and Baronet,
Recorder of London. — He was named as
one of the Judges in the Special Commis-
sion for the Trial of the Regicides, 5 vol.
986.
«————— King's Serjeant. — He
wa8 one of the Counsel for the Prosecution
on the Trial of Messenger and others, 6 vol.
888.
Judge of C. P. 20
Car. 2, 6 vol. 899.
Judge of K. B. 29
Car. 2, 7 vol. 59, 261. — His Opinion in the
Case of the Earl of Shaftesbury, 6 vol. 1296.
— His Address on passing Sentence upon
Green and others, for the Murder of Sir
Edmondbury Godfrey, 7 vol. 222.
WILKES, John. — His Case upon a Habeas
Corpus, returnable in the Court of Common
Pleas, sued out by him to try the legality
of his Commitment by the Secretary of
State for writing a seditious Libel, 3 Geo.
3, 1763, 19 vol. 981.— The Warrant of the
Secretary of State for his iVpprehension,
ibid. ib. — ^He is arrested thereon, ibid. ib.
—Serjeant Glynn moves the Court of Com-
mon Pleas for a Habeas Corpus to the Mes-
sengers of the Secretary of State, which is
granted, ibid. 982. — He is committed to the
Tower before the Writ of Habeas Corpus is
delivered to the Messengers, ibid, ib.—
Copy of the Warrant of Commitment to
the Tower, ibid. ib. — ^The Messengers re-
turn to the Habeas Corpus directed to them,
that he was not in their Custody, ibid. 983.
— Doubts respecting the sufficiency of this
Return, ibid. 984. — A Habeas Corpus is
granted' by the Court, directed to the Con-
stable of the Tower, ibid. ib. — Mr. Wilkes
is brought to the Bar, ibid. ib. — His Counsel
move for his Discharge upon several Objec-
tions to the Warrant of Commitment, ibid*
985. — ^His Speech to the Court, ibid. 986.
— Cbi^ Justice Pratt delivers the Judg-
ment of the Court that he be discharged,
npoa the gio«od that; as a Member of Par-
liament, he is privileged from Arrest, except
for Treason, Felonyi or actual Breach of
the Peace, ibid. 987.-^Another Account of
the Argument of the Chief Justice on giving
Judgment, ibid. 990. — Resolution of both
Houses of Parliament against the- Doctrine
established by this Judgment, ibid. 993. —
Protest in the House of Lords against this
Resolution, ibid. 994. — Proceedings in the
Court of King's Bench and in the House of
Lords on two Informations against him for
Libels, 4 Geo. 3, 1763, 10 Geo. 3, 1770,
ibid. 1075. — Verdicts are found against him
on both Informations, and on his not ap-
pearing to receive Judgment, he is out-
lawed, ibid. 1077.— -Before any Process is
issued on the Outlawry, he appears in Court,
ibid. ib. — His Speech to the Court on that
occasion, ibid. ib. (note).— The Attorney
General moves to commit him, and his
Counsel move to admit him to Bail at the
same time, ibid. 1079. — The Court refuse
both Motions, ibid. 1081.— Mr. Wilkes
sues out Writs of Error upon the Out-
lawries, ibid. 1085.— He moves the Court
to be admitted to Bail, which is refused,
ibid. 1087. — ^Argument of the Errors assign-
ed upon the Outlawries, ibid. 1093. — Lord
Mansfield delivers the Judgment of the
Court that the Outlawries must be reversed,
ibid. 1098. — Copy of the Record of the
Proceedings in the Court of King's Bench,
ibid. 1382. — Upon the reversal of the Out-
lawry, Mr. Wilkes moves in arrest of Judg<«
ment, on the ground that the Informations
were filed by the Solicitor General, and
applies for a New Trial, on the ground that
an Amendment of the Informations was
made by a single Judge out of Court, ibid;
1117. — ^The Court refuse both applications,
ibid. ib. — Sentence of the Court upon him,
ibid. 1124. — He brings Writs of Error, re-
' tuniable in Parliament, ibid. 1126. — Reasons
stated by his Counsel in support of the
Errors assigned, 20 vol. 799. — Questions
proposed by the House of Lords to the
Judges, with their Answers thereto, 19 vol.
1127. — ^The House of Lords affirm the
Judgment of the Court of King's Bench
in both Cases, ibid. 1136. — Proceedings
in the Court of Common Pleas in an
Action of Trespass, brought by him against
Robert Wood, in order to try the Question
of the validity of General Warrants, 3
Geo. 3, 1763, ibid. 1153.— Counsel for
the Plaintiff and for the Defendant, ibid,
ib. — Speech of the Counsel for the Plain-
tiff, ibid, ib.— Evidence for the Plaintiff,
ibid. 1155. — Speech of Sir Fletcher Norton
(Solicitor General) for the Defendant,
ibid. 1158. — Evidence for the Defend-
ant, ibid. 1160. — Serjeant Glynn's Reply,
ibid. 1164. — Chief Justice Pratt's Charge
to the Jury, ibid. 1166. — The Jury return a
general Verdict for the Plaintiff, with 1,000/,
damages, ibid. 1168. — ^The Solicitor General
tenders a Bill of Exceptions; ivbzcb the
h 2
148
Chief Justice refuies to accept, ibid.ib.—
One of Ibe Witnesses for the Defeadant h
ttfterwarda tried for Perju^ in his Eridence
on (hia Trial, and acquitted, ibid. 1172.
WILKINS, Thomas. See Gordon, Lord
WILKS, William. See Maieuger, Peter.
WILLES, Edward, Counsel.— Hia Speech
for the Prosecution on the Trial of Eliia-
beth Canning for Perjury, 19 vol. 311.
Sir Edward, Judge of K. B. 8 Geo.
3. — lie delivers his Opinion a^nst ad'
tnitliog John Wilkes to bail on his Appear^
ance to reverse an Oullavtiy upon a crimi-
nal Information, 19 vol. 1091- — He declares
his Opinion in Wilkes's Case in favour of
the right of the Soliciloc General (o lile
a Criminal Information in llie absence of
the Attorney General, and also in favour
of the Competency of a single Judge at
Chambers to order a formal Amendment
in a Criminal loformation, ibid. 1133.
WILLES, Sir John, Attorney General, 10
Geo. 2. — His Speech for ttie Defendants
in the Case of Ihe Quo Warranto against
the Town and Port of Hastings, 17 vol.
- Chief Justice of C. P.
GENERAL INDEX TO
20 Geo. 2, IB vol. 329, 19 vol. 673.— He
delivers Ihe Opinion of the Judges against
the granting a New Trial in the Case of
Elizabeth Canning, 19 vol. 672.
WILLIAMS, Dr. John, Bishop of tm
Proceedings in the Star-Chamber
him for tampering wiih the Wilnea
(he Prosecution on an Information
Um for publishing false News
scandal of Government, and for re
Secrels of State, 13 and 14 Car. 1.
3 vol. 769.— He is defended by Gs
Recorder of London, ibid. 771.—
of the Attorney General (Sir John 1
ibid. 772.-Speeches of (he Meml
the Court on giving their Opinic
spccting his Sentence, ibid. 783.-
hishop Laud's Speech in givii
Opinion, ibid. 792. — The Prow
against him anB Lambert Osbaldal
conspiring to spread false and scai
Reports on political subjects, 1638-!
804.— Letters of Dsbaldslon to 1
which the' Charge is founded, ibid
Speeches of the Members of the
on giving their Opinion respecting tne
Sentence, ibid. BIO.— The Sentence of the
Court, ibid. aie.-Clarendon's Account of
him, ibid. 819, — Notices of him by other
Historians, ibid. 824.— He was afterwwls
leatoted to bis Dignities, ibid. 8Q4 (nole).
■ — Archbi^op of York.
See Twelve Biihopi.
WILLIAMS, , of Esse*.— His Case
upon an Indictment for High Treason in
writing seditious Books, 17 Jac. 1, 1619,
2 vol. 1085.— Sir William Williams's allu-
sion to this Case on the Trial of the Sevea
Bishops, 12 vol. 328, ibid. ib. (note).
WILLIAMS, Thomas.— His Trial in the
Court of King's Bench for publishing a
blasphemous Libel (Paine's Age of Reason),
on an Indictment preferred by the Society
for the Suppression of Vice, 37 Geo. 3,
1797, 26 vol. 653.— Introduction to this
Case, containing Mr. Bayley's Opipion
that Blasphemy is an indictable OSence,
ibid. 654.— Counsel for the Prosecution
and for the Defendant, ibid. 656. — The
Indictment, ibid. ib. — Mr. Erskioe's Speech
for the Prosecution, ibid. 660.— Evidence
for Ihe Prosecution, ibid. 669, — Mr. Stewart
Kyd'a Speech for the Defendant, ibid. 671.
. — Lord Kenyon's Charge to the Jury, ibid.
703.— The Jury find the Defendant Guilty,
ibid. 705.— His Affidavit in mitigation of
Punishment on being brought up for Judg-
ment, ibid. 709. — Mr. Justice Ashhurst'a
Address on passing the Sentence of the
Court upon him, ibid. 714. — Mr. Erskine's
Letter to the Editor of the State Trials,
explaining his motives for returning the
Prosecutor's Retainer in this Case, ibid.
714 (note).
WILLIAMS, William, Counsel, 10 vol. 568.
— His Defence of Ford, Lord Grey of Werk,
and others, for a Conspiracy to debauch
Lady Henrietta Berkeley, 9 vol. 1 59- — His
Speech in Defence of Filkington and others,
on their Trial for a Riot at the Election of
Sheriffs for the City of London, ibid. 264.
^Ilis Speech in Defence of Sir Patience
Ward, on his Trial for Perjury, ibid. 333. —
His Instructions to Algernon Sidney for his
conduct on his Trial, 9 vol. 825 (uote). —
His Speech in Defence of Mr. Hampden,
ibid. 1078.— His Speech in Defence of
Braddon and Speke, ibid. 1166.— His De-
fence of Sir Samuel Bamardiston, ibid.
1347.— His Speech for Sir S. Bamardiston,
in arrest of Judgment, ibid. 135B. — His
Speech for the Defendant in the Action of
Pritchard v. Papillon for a false Arrest, 10
vol. 332. — His Argument for Mr. Sandys
in the Great Case of Monopolies, ibid. 495.
—He is examined as a Witness on Oa(es'»
Trial for Perjury, ibid. 1166. — His Argu-
ment for the Earl of Macclesfield in the
Action of Scandalum Magnatum brought
by him against John Slarkey, ibid. 1387.
Sir William, Baronet, Solicitor
General, 4 Jac, 2, 12 vol, 125. — His Ail-
ment in the Case of the Seven Bishops, that
Sureties of the Pence may be required for
the publicaUon of a. Seditious Libel, ibid.
325'— His Speech in leply for t|)« FnNefiii
THE STATE TRIALS.
149
tion on the Trial of the Seven Bishops, ibid.
401. — Burnet says that he took very indecent
liberties in conducting the Prosecution in
that Case^ ibid. 201 (note).
12 vol.
752, 929, 1211, 1367, 13 vol. 422, 615.—
Proceedings against him for the publication
of Dangerfield's Narrative, reflecting upon
the Duke of York (afterwards James the
Second), 36 Car. 2, and 7 Will. 3, 1684-1695,
13 vol.1369. — The Information in the King's
Bench, ibid, ib. — He pleads that he caused
the Paper to be printed as Speaker of the
House of Commons, and by the command of
the House, ibid. 1377. — Sir Robert Atkyns's
Argument for him, ibid. 1380.— His Plea is
overruled, and he is fined 10,000/. ibid. 1436.
— ^The Judgment is afterwards reversed in
Parliament^ ibid. 1441.
WILLIAMS, WiUiam Peere, Counsel.— He is
of Counsel for the Earl of Wintoun on his
Trial for High Treason, 15 vol. 811.
WILLIS, Francis. See Dammaree, Daniel;
Purchase, George, — His Trial for High
Treason in levying War against the Queen
under pretence of pulling down Meeting-
Houses, 9 Anne, 1710, 15 vol. 613. — ^The
Indictment, ibid. 536. — He pleads Not
Guilty, ibid. 545. — Evidence against him,
ibid. 617. — Mr. Darnell's Speech in his
Defence, ibid. 627. — Evidence for the De-
fence, ibid. 630. — Reply of the Counsel for
the Prosecution, ibid. 640. — Chief Justice
Parker's Charge to the Jury, ibid. 646. —
The Jury acquit him, ibid. 652.
WILLOUGHBY, Elizabeth. See Hathaway,
Richard, *
WILLOUGHBY fof Parham, Francis, Lord.
See Suffolk, James, Earl of,
WILMER, John. — He was Foreman of the
Grand Jury who threw out the Bill of In-
dictment against Stephen Colledge, 9 vol.
552 (note). — Kennet says that he was ex-
amined before the Privy Council, and after-
' wards obliged to fly beyond seas for his
Conduct on that occasion, ibid. ib. — Roger
North denies that he was obliged to fly on
that account, but says, that he was compelled'
to leave the country on account of his having
kidnapped two youths, and sent them to the
Plantations as Slaves, ibid. 557 (note). —
Account of his Conviction for this Offence,
extracted from Narcissus Luttrell's MSS.,
ibid. 1347 (note). — Sir John Hawles's Re-
marks upon the Proceedings upon a Writ
De Homine Replegiando issued against him,
ibid. 1347.
WILMOT, Sir John Eardley, Chief Justice o^
C. P. 9 Geo. 3. — Account of his Charge to
the Jury on the Trial of an Action of Tres-
pass and False Imprisonment brought by
John Wilkes against Lord Halifax, His
Majesty's Secretary of State, 19 vol. 1408.
WILSON, James William.-2-He pleads Guilty
to an Indictment for High Treason in being
concerned in the Cato Street Plot, 33 vol.
1542. — He is pardoned on condition of
being transported for life, ibid. 1566.
WILSON, William. See Sacheverell, WUliam.
WINCHESTER, William, Marquis of, Lord
Treasurer, 5 Edw. 6. — He was appointed
Lord High Steward for the Trial of Edward
Duke of Somerset for High Treason and
Felony, 1 vol. 517.
WINDHAM, Sir Hugh, Judge of C. P. 31
Car. 2, 7 vol. 261, 609. — He delivers his
Opinion with the other Judges against Lord
Russets Challenge of a Juror for not having
a Freehold within the City of London, 9 vol,
592.
WINDHAM, Wadham, Counsel.— His Con-
duct on being imprisoned by Cromwell, with
Serjeant Maynard and Serjeant Twisden
for pleading in the Case of Mr. Cony, 5 vol.
936. — He is ordered to attend the Consul-
tation of the Judges previous to the Trial of
the Regicides, as Counsel for the King, ibid.
971. — His Speech for the Prosecution on the
Trial of Colonel Harrison, ibid. 1023.
Judge of K. B. 13
Car. 2, 6 vol. 74, 769. — He is said by Sir
John Hawles to have been the second best
Judge in Westminster Hall since the Re*^
storation, 9 vol. 1003.
WINDEBANK, Sir • Francis, Secretary of
State. — Proceedings in Parliament against
him for favouring Popish Recusants, 16
Car. 1, 1640, 4 vol. 41. — ^Articles of Im-
peachment against him, ibid. 44. — He
escapes to France, ibid. 43. — His Letter
from thence to the Lord Chamberlain, ibid.
45. — He obtained his Office by the influence
of Archbishop Laud, ibid. 41 (note). — Lord
Clarendon's Account of the Proceedings
against him, ibid. ib.
WINNINGTON, Sir Francis, Solicitor Gene-
ral, 30 Car. 2, 7 vol. 167,770.— His Speech
in the House of Lords on summing up the
Evidence for the Prosecution on the Trial
of Philip, Earl of Pembroke, for Murder, 6
vol. 1343. — His Speech on summing up the
Evidence for the Prosecution on the Trial
of Edward Coleman for being concerned in
the Popish Plot, 7 vol. 61.— His Speech on
summing up the Evidence on the Trial of
Lord Cornwallis for Murder, ibid. 152. —
His Speech on summing up the Evidence on
the Trial of Sir Thomas Gascoigne for being
concerned in the Popish Plot, ibid. 1033.
9 vol.241, 12
vol. 1295, 13 vol. 422.^-His Speech in De-
fence of Henry Carr, on his Trial for publish-
ing a Libel upon the Government and the
Administration of Justice, 7 vol. 1121. — His
Speech as one of the Managers for the Com-
mons on the Trial of the Impeachment of
150
GENERAL INDEX TO
Lord Stafford, ibid. 1302. — Hb Argument
in Support of the Plea in Abatement in Fitz-
faarris's Case, 8 vol. 296. — His Speech in
Reply for the Prosecution on the Trial of
Count Coningsmark and others for Murder,
9 vol. 68. — His Speech iii Defence of ^ir
Patience Ward on his Trial for Perjury,
ibid. 336. — ^His Speech in the House of
Commons in the Debate on the Earl of
Danby's Impeachment, 11 vol. 729.
WINTER, Robert.— His Trial at Westminster
with Thomas Winter, Guy Fawkes, John
Grant. Ambrose Rookwood, Robert Keyes,
and Thomas Bates, for High Treason in being
concerned in the Powder Plot, 3 Jac.l, 1606,
2 vol. 159.— The Indictment, ibid, ib.— They
, plead Not Guilty, ibid. 164. — Speech of Sir
Edward Coke (Attorney General), for the
Crown, ibid. 166. — ^The Jury find them
Guilty, ibid. 185. — Judgment passed upon
them and Sir Everard Digby, ibid. 194. —
Account of their Execution, from the Har-
leian Miscellany, ibid. 21 5«
WINTER, Thomas. See Winter, Robert
WINTERBOTHAM, William.— His Trial at
the Assises at Exeter for preaching a sedi-
tious Sermon, 33 Geo. 3, 1793, 22 vol. 823.
— ^Abstract of the Indictment, ibid. ib. —
Counsel for the Prosecution and for the De-
fendant,ibid.ib.— Mr.SerjeantRooke'sSpeech
for the Prosecution, ibid. 826. — Evidence for
the Prosecution, ibid. 827. — Mr. Gibbs's
Speech for the Defendant, ibid. 838. — Evi-
dence for the Defence, ibid. 848. — Serjeant
Rooke'sReply,ibid.869.— Mr.BaronPerryn's
Charge to the Jury, ibid. 875. — The Jury find
him Guilty, ibid. 876. — His Trial at the same
Assizes for preaching another seditious
Sermon, ibid. 875. — Evidence for the Pro-
secution, ibid. 878. — Mr. Gibbs's Speech in
his Defence, ibid. 884.— Evidence for the
Defendant, ibid. 893.— Mr, Baron Perryn's
Charge to the Jury, ibid. 905.— The Jury
find him Guilty against the Opinion of the
Judge, ibid, 906.— Proceedings in the Court
of King's Bench on his being brought up for
Judgment, ibid, ib.— The Sentence, ibid.
907.
WINTOUN, George, Earl of.— His Trial be-
fore the House of Lords upon an Impeach-
ment of High Treason in being concerned in
the Rebellion of 1715, 2 Geo. i, 1716, 15
vol. 805. — Proceedings in Parliament pre-
vious to his Trial, ibid, ib.— Proceedings on
his Trial in Westminster Hall, ibid. 815.—
Lord Chancellor Cowper appointed Lord
High Steward, ibid. 816.— The Lord High
Steward's Address to him on his being
brought to the Bar, ibid. 817.— The Articles
of Impeachnfent, ibid. 818.— His Answer
thereto, ibid. 823.— Reply of the House of
Commons, ibid. 825.— Mr. Hampden's
Speech for the Commons in Support of the
Impeachment, ibid. 826. — Sir Joseph
Jekyll's Speech on the same side, ibid. 830.
*-Tho Attorney General, Sir Edward
Northey's Speech on the same side, ibid,
833. — Evidence in Support of the Impeach-
ment, ibid. 837. — ^The Earl applies for lar-<
ther time to bring his Witnesses, ibid. 859.
— This is refused by theHouse^ ibid. 861.— <
The Prisoner not entering into any Defence,
the Managers for the House of Commons
reply, ibid. 867. — ^Mr. Cowper's Speech in
Reply, ibid, ib.— Sir William Tnomson's
Speech, ibid. 869. — ^The Lords unanimously
find him Guilty, ibid. 874. — ^He objects in
arrest of Judgment, that the time is not laid
with sufficient certainty in the Impeachment,
ibid. 875. — Arguments of his Counsel in
Support of the Objection, ibid. 876. — ^An«
swer to the Objection by the Managers for
Commons, ibid. 883. — Reply of Lord Win-
toun's Counsel in Support of the Objection,
ib^d. 888. — The Objection is overruled y ibid.
893. — ^The Lord High Steward's Address on
passing sentence of Death upon him, ibid.
893. — He afterwards makes his Escape from
the Tower, ibid. 896.
WITHERINGTON, Sir Thomas, 5 vol. 239.
— His Speech on presenting the Articles of
Impeachment against Dr. Wren, Bishop of
Ely, to the Lords, 4 vol. 38. — He abstains
from all share in the Proceedings respecting
the Trial of Charles the First, 4 ^ol. 990
(note). — He refuses the oflBce of Commis-
sioner of the Great Seal of the Common-
wealth, not being satisfied of the authority of
the House of Commons, ibid. 991 (note).
WITHINS, Francis, Counsel.— His Speech in
Defence of Thomas Knox on his Trial for
conspiring with John Lane to suppress the
Evidence of tho^Popish Plot, 7 vol, 801.
— — — Sir Francis, 7 vol, 1125, 8 vol.
778. — Resolutions of the House of Commons
against him for presenting a Petition ex-
pressing an Abhorrence of petitioning the
King for the calling and sitting of Parlia-
ments, 8 vol. 216.— He is expelled the
House, ibid. ib. — Burnet says that "the
merit of this raised him soon to be a Judge,
for indeed he had no other merit,'' ibid. 217
(note). — His Argument for the Crown on
Fitzharris's Plea in Abatement, ibid. 269.—
His Speech for the Prosecution on the Trial
of Count Coningsmark and others for Murder,
9 vol. 15. — He is raised to the Bench on the
removal of Sir William Dolben, who was not
satisfied to act for the Crown in the Case of
the Quo Warranto against the City of
London, 8 vol. 1039 (note).
— - Judge of K. B. 35
Car. 2, 9 vol. 310, 593, 820, 1059, 1146, 10
vol.5, 40, 1092, 11 vol. 390, 1356.— His
Address to Mr. Hampden on passing the
Sentence of the Court of King's Bench upon ',
him, 9 vol. 1125. — He is expressly excepted
in the Act of Indemnity which passed at the I
Revolution, 12 vol. 1241. — After the Revo- |
lution |ie is examined by the House of Com-
THE STATE TRIALS.
151
nons respecting^ the Proceedings against Sir
Tlionias Armstrong, 10 vol. 119.
WOLSEY, Thomas, Cardinal and Archbishop
of York. — ^He is said not to have promoted
the Divorce of Henry the Eighth from
Catharine of Arragon, 1 vol. 299. — He and
Cardinal Campejus are appointed by the
Pope to try the validity of the King's Mar-
riage, ibid. 304. — Their Commission from
the Pope, ibid. 317. — ^His intrigues to secure
the Papacy, ibid. 316. — ^The Great Seal is
taken from him, ibid. 369.— Proceedings
against him on the Stat, of Provisors for
procuring Bulls from the Pope, 16 Rich. 2,
20 Hen. 8, 1529, ibid. 370. — ^Abstract of the
Indictment against him, ibid. 371. — He
confesses the charge, but protests that he did
not know that he acted against the Law, ibid,
ib.— Sentence of Praemunire is passed upon
him, ibid, ib, — Articles preferred against
him in Parliament, ibid. 372. — Thomas
Cromwell defends him in the House of
Commons, ibid. 381. — The King pardons
him, and restores him to his Archbishop-
rick of York, ibid. ib. — His Revenues taken
from him, and he is sent to his Bishoprick at
York, ibid. ib. — He beseeches the King to
spare theUniversity of Oxford, ibid. 382. — He
is arrested at York by the Esu-1 of Northum-
berland for High Treason, ibid. ib. — His
remarkable Speech to Sir William Kingston
just before his death, ibid. 384. — His Death,
and Observations on his Character, ibid. ib.
WOOD, George, Counsel, 22 vol. 380, 474,
791, &86, 23 vol. 1081, 24 vol. 238, 25 vol.
2, 1004, 1155, 26 vol. 8, 27 vol. 821, 29 vol.
423.
Sir George, Baron of the Exchequer,
51 Geo. 3. — His Charge to the Jury on the
TViil of John Drakard for publishing a
seditious libel, 31 vol. 533.
WOODBURNE, Edward.— His Trial with
Arundel Coke at the Suffolk Assizes on an
Indictment on the Coventry Act, for mali-
ciously maiming and wounding Edward
Crispe, 8 Geo. 1, 1722, 16 vol. 53.— The
Indictment, ibid. 55. — ^They plead Not
Guilty, ibid. 56. — Opening Speeches of the
Counsel f>rthe Prosecution, ibid. 57. — Evi-
dencefortheProsecution,ibid. 59. — Speeches
of the Counsel for the Prosecution on sum-
ming up the Evidence at the close of their
Case, ibid. 66. — Woodburne's Defence, ibid.
68. — Coke's Defence, ibid. 72. — Chief Jus-
tice King's Charge to the Jury, ibid. 74.^
The Jury find both Guilty, ibid. 81.— On
being called upon for Judgment, Coke urges
that as the Evidence proved an intention
to kill and not to maim and disfigure, the
Offence is not within the Statute, ibid. 83. —
Arguments of the Counsel for the Prosecu-
tion against the Objection, ibid. 85. — Chief
Justice King overrules the Objection, ibid.
92.— Sentence, of Death is passed upon
them, ibid. 93."They are executed, ibid.
WOODFALL, Henry Sampson.— His Trial in
London on an Ex-offioio Information for
publishing Junius's Letter to the King, 10
Geo. 3, 1770, 20 vol. 895.— Evidence for the
Prosecution, ibid. 898. — Mr. Seijeant
Glynn's Speech for the Defendant, ibid. 899.
— Lord Mansfield's Charge to the Jury, ibid.
900.— The Jury return a Verdict of " Guilty
of printing and publishing only," ibid. 903.
-"Argument of two Motions upon this Ver-
dict ; First, Why it should not be entered up
according to the legal import of the words ;
Secondly, Why the Defendant should not be
discharged from any Judgment upon it, ibid.
903. — Serjeant Glynn's Argument for the
Defendant, ibid. 903. — ^Arguments of the
Solicitor General (Thurlow), Mr. Wallace,
Mr. Dunning, and Mr. Walker, for the Pro-
secution, ibid. 906. — Reply of Serjeant
Glynn, ibid. 909. — Sir James Burrow's Re-
port of the Proceedings upon these Motions,,
ibid. 914. — Lord Mansfield delivers the
Judgment of the Court, awarding a Venire
de Novo, ibid. 917."*— Lord Mansfield after-
wards reads his Judgment in this Case in the
House of Lords, ibid. 921.— Questions pr(>«
posed to Lord Mansfield by Iiord Camden
respecting the Doctrine contained in the
Judgment, ibid. ib.
WOODWARD, Richard. See Messenger,
Peter.
WORCESTER, Dr. William Lloyd, Bishop
of. See Lloyd, Dr, William,
WRAY, Sir Christopher, Chief Justice of
K. B. 24 Eliz. 1 vol. 1049, 1095,1128, 1251.
—He is one of the Commissioners appointed
by Queen Elizabeth for the Trial of Mary,
Queen of Scots, 1 vol, 1167. — His Speech
on delivering his Opinion in the Star-
Chamber in the Case of William Davison,-
ibid. 1238.
WRAYNHAM, Mr. — Proceedings againsthim
in the Star-Chamber for accusing Lord
Chancellor Bacon of Injustice and Corrup-
tion, 16 Jac. 1, 1618, 2 vol. 1059.— The
Attorney 'General's Charge against him, ibid,
ib. — Mr. Wraynham's Defence, ibid, 1066.
—Serjeant Crew's Reply, ibid. 1071. — Chief
Justice Coke's Speech on delivering his
Opinion respecting the Sentence, ibid. 1072.
—Speech of Chief Baron Tanfield, ibid. 1076.
— Speech of Chief Justice Montague, ibid.
1078.
WREN, Dr. Matthew, Bishop of Ely. See
Tujelve BtMopi.— Proceedings against him in
Parliament for favouring Popish Ceremonies
in the Church, 16 Car. 1, 1640, 4 vol. 27.—
Articles of Impeachment against him, ibid.
29. — ^The Commons resolve that he is un«
worthy to hold any spiritual Office in the
Commonwealth, and that the Lords be re-
quested to join them in an Address to the
King to remove him from his Service, ibid.
36.— Sir Tliomas Witherington's Speech on
delivering the Articles of Impeachment
153
GENERAL INDEX TO
against him, ibid. 38. — ^No further Proceed-
ings upon this Impeachment appear to have
taken place, ibid. 42.—- Summary Account of
Wren, ibid. ib. (note). — Lord Clarendon's
Account of him, ibid. 27 (note).
WRIGHT, Nathan, King's Serjeant, 13 vol.
954, 1098. — His Argument in reply on the
Trial of the Earl of Warwick for Murder, in
support of an Objection to the competency
of a Witness, who had been convicted of
Manslaughter, and allowed his Clergy, but
was not burned in the hand or pardoned,
13 vol. 1011. — His Speech in reply for the
Prosecution on the Trial of Charles Dun-
combe, for fraudulently paying Exchequer
Bills with false Indorsements into the
Treasury, ibid. 1098.— His Speech for the
Prosecution on the Trial of Mary Butler
for forging a Bond, ibid. 1251. — His Speech
in the House of Commons in favour of
the Duke of Norfolk's Divorce Bill, ibid.
1355.
" Sir Nalhao, Lord Keeper, 2 Ann.
14 vol. 861 (note).
WRIGHT, Richard. See Prieit, WiUiam.
WRIGHT, Dr. Robert, Bishop of Litchfield
and Coventry. See Twelve Bishops,
WRIGHT, Sir Robert, Judge of K. B. 2 Jac. 2,
11 vol. 1352.
' Chief Justice of K. B.
3 Jac. 2, 11 vol. 1354, 12 vol. 124.—
—He is one of the Sub-Commissionei?, ap-
pointed by James the Second's Ecclesias-
tical Commission, to examine the Vice
President and Fellows of Magdalen Col-
lege Oxford, respecting their refusal to elect
Dr. Farmer President of the College, 12
vol. 26. — He presided on the Trial of the
Seven Bishops, ibid. 189.
— — — — ^— His Answer in the
House of Lords after the Revolution, for his
concurrence in the Judgment of the Court
of King's Bench overruling a Plea of Pri-
vilege, in the Case of the Earl of Devon-
shire, and imposing an exorbitant Fine upon
him, 11 vol. 1369.
WYATT, Sir Thomas. See Throckmorton,
Sir Nicholas.-^lLh Trial for High Treason,
1 Mary, 1554, 1 vol. 861. — He confesses the
Indictment, ibid. ib. — He is executed, ibid.
870.— Account of his Rebellion, extracted
from Rapin*s History, ibid. 864.
WYLDE, George, Serjeant-at-Law. See Wilde,
George,
WYLDE, Sir William. See WUde, Sir
fFilliam.
W YNDHAM, Sir Hugh, Judge of C. P. See
Windham, Sir Hugh.
WYNNE, William, Serjeant-at-Law.- His
Speech in the House of Lords against the
passing of tho Bill of PaiQS and Peqalties
against Bishop Atterbury, 16 vol. 516.—
His. Vindication from a reflection made by
Lord Oxford on his Conduct on this Occa-
sion, ibid. ib. (note). — His Defence of
Francis Townley for High Treason, in being
concerned in the Rebellion of 17459 18 vol.
344.
YATES, Sir Joseph, Judge of K. B. 8 Geo. 3.
— His Argument on giving his Judgment in
the Case of John Wilkes, on his appearance
in the Court of King's Bench to reverse the
Outlawry against him, 19 vol. 1083, 1090,
1095.
YELVERTON, Barry, Lord, Chief Baron of
the Exchequer in Ireland, 37 Geo. 3, 26 vol.
914, 27 vol. 759. — His Argument on deliver-
ing his Judgment in the Court of Exchequer
in Ireland against the discharge of Mr. Jus-
tice Johnson, 29 vol. 357.
YELVERTON, Sir Christopher, Queen's Ser-
jeant.— His Speech for the Prosecution on
the Trial of the Earls of Essex and South*
ampton, 1 vol. 1336. — He opens the Indicts
ment on the Trial of Sir Christopher Blunt,
ibid. 1419.
■ Judge of
K. B. 4 Jac. 1, 2 vol. 217. — ^His Address
to Lord Sanquhar on passing sentence of
Death upon him on his Conviction as an
Accessary to a Murder, 2 vol. 752.
YELVERTON, Sir Henry.— His Argument in
the Great Case of Impositions, against the
power of the Crown to impose Taxes arbi-
trarily upon the People of England, 2 vol.
477.
■ . Attorney General,
16 Jac. 1. — ^His Speech on opening the In-
formation in the Star-Chamber against Mr.
Wraynham for slandering Lord Chancellor
Bacon, 2. vol. 1059. — Proceedings in Par-
liament against him for improper Conduct
in his Office, respecting persons concerned
in Monopolies and abuses of Patents, 19
Jac. 1, 1621, 2 vol. 1136. — Charges against
him with his Answers thereto, ibid. ib. — He
is proceeded against in the Star-Chamber for
a breach of Duty, ibid. 1141. — His Speech
at the Bar of the House of Lords, ibid. 1142.
—Sentence of the Lords against him for his
Speech in Parliament reflecting upon the
King, ibid. 1144. — Sentence against him for
his Scandal respecting the Marquis of Buck-
ingham, ibid. ib. — The King and the Mar-
quis of Buckingham afterwards remit bis
Fines, and he is set at liberty, ibid. 1146.—
He is made a Judge of the Common Pleas
in the Reign of Charles the First, ibid. ib.
. Judge of C, P. 4
Car. 1, 3 vol. 359.
YONGE^i Sir William,-.Hi8 Speech as one of
THE STATE TRIALS.
153
the Managers for the Commons on the Trial
of the Impeachment of Lord Lovat, 18 vol.
550.
YORKE, The Hon. Charles, Solicitor General,
33 Geo. 2.1— His Speech in the House of
Lords on summing up the Evidence for the
Prosecntion on the Trial of Earl Ferrers, 19
vol. 945. — His Speech in Reply for the
Prosecution on the Trial of Dr. Hensey for
Treason, ibid. 1343.
YORKE, Henry. See Redhead, Hemy.
YORKE, Sir Philip, Solicitor General, 9 Geo.
1. See Hardwicke, Philip, Earl o/*.— His
Speech in Reply for the Prosecution on the
Trirlof Christopher Layer for High Treason,
16 voL 263.
. Attorney General, 2
Geo. 2. — His Speech for the Prosecution on
the Trial of William Hales for forging a
Promissory Note, 16 vol. 165.— His Speech
for the Prosecution on the Trial of John
Huggins for Murder, ibid. 312.r— His Speech
for the Prosecution on the Trial of Richard
Francklin for publishing a Seditious Libel,
ibid. 630.— His Speech in Reply in the same
Case, ibid. 664.
ZiENGER, John Peter.— His Trial at New
York for publishing a Libel against the
Government, 9 Geo. 2, 1735, 17 vol. 675. —
Proceedings of the Council previous to his
Trial, ibid. 677. — ^He is arrested upon a
"Warrant from the Council, ibid. 681. — ^He
sues out a Habeas Corpus, and is admitted
to bail, ibid. 682.— The Attorney General of
the Province files an Information against
him, ibid. 683. — His Exceptions to the Com-
mission of the Judges, ioid. ib. — ^The At-
torney General opens the Information against
him, ibid. 690. — The Information, ibid. ib.
— Mr. Hamilton's Speech for the Defendant,
ibid. 696. — ^The Jury acquit the Defendant,
ibid. 723. — The Corporation of New York
present Mr. Hamilton with the Freedom of
the City for his Defence on this occasion,
ibid. ib. — Remarks on this Trial, ibid. 726.
ZINZENDORF, Count. See Moravians.-— His
extravagant Impression at a Conference upon
some of the religious Doctrines of the
' Moravians, 5 vol. 542 (note).
END OF PART I.— NAMES.
GENERAL INDEX.
Part II.— Miscellaneous Contents.
ABATEMENT.
I» a Plea in Abatement, certainty to a cer-
tain intent in general is required, 12 vol. 1194.
—If the Prosecutor demur to a Plea in Abate-
ment to an Indictment, the Defendant must
join in Demurrer immediately, Layer's Case, 16
Yol. 122.— Courts will not allow an opportunity
ex gratii to a Plea in Abatement, ibid. 123. —
The Statute of Anne, requiring an Affidavit of
the truth of the matters contained in a Plea in
Abatement, held by Lord Mansfield to apply to
Criminal Cases, excepting Trials at Bar, 18 vol.
399 (note).— On the Trial of John and Henry
Sheares for Treason in Ireland in 1798, the
Court held that the Statute applied only to
Civil Cases, 27 vol, 267. See also Kirwan's
Case, 3l vol. 577 (note).— Plea in Abatement
by a person indicted for High Treason in Eng-
land, that he is a Peer of Ireland, and ought to
be tried by his Peers in the Irish Parliament,
Macguire's Case, 4 vol. 663.— Plea in Abate-
ment to an Indictment for Treason, that an
Impeachment in Parliament for the same
Treason is pending, Fitzharris's Case, 8 vol.
251.— Plea in Abatement by a Peer of Par-
liamfint indicted as a Commoner, Earl of
Banbnrjis Case, 12 vol. 1168.— Plea in Abate-
ment of a misnomer of the Christian Name of
the Defendant, 16 voL 114.— Plea in Abate-
ment to an Indictment for High Treason in
England, that the Offence was committed in
Scotland, and that the Prisoner resided there
at the time of its commission, Kinloch*s Case,
18 vol. 399.— Plea in Abatement to an In-
dictment for a libel in England, that the
Defendant resided in Ireland, and that the
supposed libel was published while he was
resident there, Justice Johnson's Case, 29 vol.
385.— Mr. Abbott's Argument in the Court of
King's Bench against this Plea, ibid. 388.—
Mr. Richardson's Argument in Support of it,
ibid. 394.— Lord Ellenborough delivers the
Judgment of the.Court against the Plea, ibid.
410. — Plea in Abatement to an Indictment for
High Treason, that one of the Grand Jury by
whom it was found is an Alien, Sheares's
Case in Ireland, 27 vol. 267.— Sir John
Hawles assigns as a Reason for the Abate-
ment of a civil Action by the death of the
Defendant, that there may be matters of
Defence in his personal knowledge which are
unknown to his Representatives, 1 1 vol. 476.
—Plea in Abatement to an Indictment, that
several of the Grand Jury by whom the Bill
was found, held offices under the Crown, from
which they were removable at pleasure,
Kirwan's Case, 31 vol. 576.— Arguments in
support of this Plea, ibid. 590, 597.— Argu-
ments against it, ibid. 608, — The Court of
King's Bench in Ireland give Judgment against
the Flea, ibid. 611.— Plea in Abatement to an
Indictment, that several of the Grand Jurors by
whom the Bill was found have no Freehold
within the City of Dublin, Kirwan's Case, ibid.
577,— Arguments against the Plea, ibid. 579,
600. — Arguments in support of it, ibid. 587.
— Judgment of the Court against it, ibid.
611.— The Amendment of a Plea in Abate-
ment to an Indictment for Murder allowed by
the Court,, before it was entered on Record,
against the Opinion of Lord Holt, Earl of
Banbury's Case, 12 vol. 1190.
ABDICATION.
Walsingham's Account of the Abdication of
Edward the Second, 1 vol. 49.— Deed of Ab-
dication signed by Richard the Second, ibid.
1 38. — ^Reason assigned at a Conference between
the two Houses of Parliament, previously to the
passing of the Bill of Rights at the Revolu-
tion, for declaring the Conduct of James the
Second to be an Abdication, 15 vol. 101.
ABDUCTION.
In a Prosecution for Felony on Stat. 3 Hen.T,
c. 2, for the forcible Abduction and Marriage of
an Heiress, the offence is complete, though,
after the forcible taking, the woman consented
to the Marriage, Swendsen's Case, 14 vol. 595.
^The same point was decided by Mr. Justice
Lavn-ence, in a Case on the Oxford Circuit in
1804, ibid. 596 (note).
ABJURATION.
Account of the ancient common-law practice
of Sanctuary and Abjuration of. the Realm, 15
vol. 145.— The Penalty of Abjuration, applied
to Protestant Dissenters by the Stat. 35 E\h,
was derived from this practice, ibid.'146— It
was again abolished by the Toleration Act,
ibid. ib. and 310.
ABSOLUTION.
Discussion respecting the Doctrine of Abso-
lution at the Hampton Court Conference, 2
vol. 72.— Account of the nature of Absolution
as a Rite of the Church of England, and the
power and practice of Divines respecting it,
13 vol. 424. —Argument to show that the Ab-
solution of a condemned Traitor at the place
of Execution, by a Clergyman, without a
confession of the Treason for which he was
about to suffer, is not an Offence by the law of
Engls^dy ibid. 42^.
156
GENERAL INDEX TO
[MiSCBlX*
ACCESSARIES.
An Accessary cannot be convicted before the
Principal is attainted, Sanquhar's Case, 2 vol.
756.— By Stat. 2 Edw. 6, c. 24, if a man be
accessary in one County to a Murder or Felony
committed in another, he may be indicted and
tried in the former County, ibid, ib.-— In the
Indictment of an Accessary in Middlesex to a
Murder committed in London, it must be stated
directly tliat the Principal committed the
Murder in London, and not merely that he was
indicted for it there, ibid. 757. — If a person be
indicted as an Accessary to two, and is found
by Verdict to be Accessary to one only, the
Verdict is good, ibid. 759. — ^Though the Prin-
cipal be errpneously attainted, the Accessary
may be convicted, unless the Attainder of the
Principal is actually reversed, ibid. 760. — A
Wife cannot be convicted as an Accessary to a
Felony committed by her Husband, or by her-
self under his direction, Turner's Case, 6 vol.
612. — It is not necessary that an Accessary,
though charged in the same Indictment with
the Principal, should be tried at the same time,
9 vol. 125. — ^When in practice the Accessary
and Principal are tried together, the Verdict
always is, and ought to be, returned against
the Principal first, ibid. ib. 19 vol. 87. — ^An
Accessary to several Principals jointlv is ac-
cessary to each of them severally, 9 vol.126. —
Discussion of the Question whether by the Law
of Scotland, an Accessary can be tried before
the conviction of the Principal, in the Debate
on the Relevancy in Stewart's Case for Murder,
19 vol. 24, 30, 58. — Authorities in support of
the negative of this Question, ibid. 86. — In-
quiry into the nature of Accessaries before the
»ct, and the History of the Law of England
respecting tliem, in Mr. Hume Campbell's
Argument for the Crown in Macdaniel's Case,
ibid.783. — It was held by all the Judges, in Mac-
daniel's Case, that one who procures a Felony
to be done, though by the intervention of a
third person, is an Accessary before the fact,
and within the meaning of the Statutes depriv-
ing such Accessaries of their Clergy ibid. 804.
—If it appears in Evidence on the Trial of an
Accessary before the fact to a Felony, that the
Crime of the Principal was not Felony, or not
that species of Felony with which he was
charged, the Accessary may avail himself of
this, and ought to be acquitted, Macdaniel's
Case, ibid. 808 (note).
ACCOMPLICE.
Sir Thomas Witheriagton's Argument, in
Love's Case, in favour of the competency of
Accomplices to give Evidence against persons
tried for the Offence in which they are impli-
cated, 5 vol.176. — Mr. Hale argues for the
Prisoner in the same Case, that an Accomplice
is not a "lawful and suflScient" Witness
in Cases of High Treason within the mean-
ing of the Statutes of Edw. 6, ibid. 240.—
It was held by all the Judges in Tonge's
Case, that an Accomplice is a good Wit-
ness within the meaning of those Statutes,
6 vol. 227 (note), 228 (note). — If a Pardon is
promised to a person upon condition that he
discovers a Plot generally, this does not destroy
his competency as a Witness on the Trial of
persons concerned in that Plot, Tonge's Case,
ibid. 228 (note).— But Lord Hale thought that
it would be otherwise, if he had been promised
a Pardon upon condition of his giving Evidence
against any particular person connected with
the Plot, ibid. ib. — Discussion of Lord Hale's
Opinion upon this point, in Layer's Case, 16
vol. 158. — Chief Justice North says, in Lang-
horn's Case, that it is no Objection to the evi-
dence of an Accomplice that he receives bis
maintenance from the Crown, 7 vol. 446. — Sir
Robert Atkins's Remarks upon the credibility
of an Accomplice, 9 vol. 721. — Discussion
whether an Accomplice, already indicted for
the same. Offence which he is called to prove
against another person, is a good Witness for
the Crown against that person. Murphy's
Case, 19 vol. 702. — ^The Court in that Case
decided in favour of his Competency, ibid. 709.
— An Accomplice is not to be credited by a
Jury, unless his Testimony be confirmed in
some material points, but it is not necessary
that he should be confirmed in every particular,
31 vol. 980, 1123.— Mr. Serjeant Copley 's Re-
marks upon his doctrine in his Defence of
Watson, 32 vol. 513.— Lord Holt's Remarks
upon the credibility of Accomplices in
his Charge to the Jury on the Trial of Char-
nock and others, 12 vol. 1454. — Lord Ellen-
borough's Directions to the Jury in Despard's
Case, respecting the mode of estimating the
degree of credit due to the Testimony of an
Accomplice, 28 vol. 487.— His Observations on
the same subject, in his Charge to the Jury in
Watson's Case, 32 rol. 583. — Chief Justice
Abbott's Remarks on the Testimony of Accom-
plices in his Charge to the Grand Jury, pre-
viously to the Trials of the persons engaged in
the Cato Street Conspiracy, 33 vol. 689. — Mr.
Hume's Observations on the Law of Scotland
respecting the admissibility of the Evidence of
Accomplices, 11 vol. 1052 (note). — Mr.
Burnett's Remark upon the same Subject, 18
vol. 855. — It was expressly held in Downic's
Case, that Accomplices were competent Wit-
nesses by the Law of Scotland, 24 vol. 32. —
Difference in the practice of English and
Scotch Courts of Justice respecting the Exa-
mination of Witnesses who are socii criminis,
ibid. 30. — It is said in Quelch's Case, that by
the Civil Law an Accomplice could not be a
Witness, 14 vol. 1086.
ACCROACHMENT OF ROYAL POWER.
Mr. Luders's Account of the application of
this phrase in ancient times, 11 vol. 623 (note).
ACCUMULATIVE TREASON.
Mr. Heme's humorous Remark on the doc-
trine of Accumulative Treason, in Archbishop
Laud's Case; 4 vol. 586 (note).
CONMNTS.]
THE STATE TRIALS.
157
ACQUITTAL.
Acquittal in a penal Statute means an Ac-
quittal by due course of law, and not a Pardon,
Chetwynd*s Case, 18 vol. 327.
ACTION.
Definition and nature of an Action at Law,
6 vol. 1078. — Argument of Sir Robert Atkins
in the Case of Bamardiston v, Soames, in favour
of the proposition, that where a wrong is done,
and a particular Damage sustained thereby,
the Law gives the party injured a Remedy by
Action, ibid. 1077. — Chief Justice North's
Reasons against the universality of this propo-
sition, ibid. 1107. — No Action will lie against
a Judge for any thing done by him judicially,
ibid. 1096. — Actions in new cases are always
received with caution by the Courts, ibid. 1108.
— Sir John Hawles assigns as a reason for the
Abatement of a Civil Action by the death of
the Defendant, that there may be matters of
Defence in his personal knowledge, which are
unknown to his Representatives, 11 vol. 476.
ACT OF PARLIAMENT. See Statutes.
ADDITION.
An erroneous Addition to the name of the
Defendant in an Indictment cannot be taken
advantage of in Arrest of Judgment, but must
be pleaded in Abatement, Axtell the Regicide's
Case, 5 vol. 1223. — The Stat. 27 Eliz. c. 7, re-
quiring an Addition to be given to the name of
every Juror returned, does not apply to Juries
from the City of London, Matthews's Case, 15
vol. 1323. — No Addition is required to the
name of the person on whom an Offence is
charged to have been committed, Goodere's
Case, 1 7 vol. 1 025. — ^A general Title of Courtesy
is a sufficient Addition in an Indictment ^ and
therefore where a Prisoner, indicted in Ireland
as a Yeoman, pleaded in Abatement that he
was not a Yeoman but a Soldier, the Judges,
upon Argument, held the Addition sufficient,
Weldon's Case, 26 vol. 237.
ADHERING TO THE KING'S ENEMIES.
See Treason,
If the rebel Subjects of a foreign Prince, who
is at amity v^th Great Britain, invade England
without a Commission from their Sovereign,
they are the Enemies of the King of England,
and English Subjects adhering to them, are
guilty of High Treason, Duke of Norfolk's
Case, 1 vol. 1 030. — Assisting a Government
hostile to England in making war against an
Ally of England, is Adhering to the King's
Enemies within the Statute of Treasons,
Vaughan's Case, 13 vol. 530. — Sending Sup-
plies or Intelligence, or rendering any assist-
ance to a Hostile Force designing an Invasion
of England, is High Treason in the Article of
Adhering to the King's Enemies, ibid. 531. —
In an Indictment for this species of Treason,
it is sufficient to allege in the words of the
Statute that the party *' adhered to the King's
]BQ«imeV^ wiUiQut saying << Against th^Kio^/'
ibid. ib. — Mr. Justice Foster says, that in
Gregg's Case the Judges were of opinion, that
the sending Intelligence to Enemies, though it
be intercepted before it reaches them, is an
Overt Act of Adhering, and that this Opinion
was adopted by the Court in Hensey's Case,
14 vol. 1376 (note), 19 vol. 1344.— See also
the Case of Thomas Howard, Duke of Norfolk,
1 vol. 957. — Mr. Justice BuUer, in his Charge
to the Grand Jury previous to the Trial of
De La Motte, adopts this Opinion, 21 vol.808.
ADJOURNMENT.
Chief Justice Saunders says in Pilkington's
Case, that a person who has authority to call
and dissolve a Meeting, has also power to ad'
joum it, 9 vol. 289. — A Criminal Court has
the power of adjourning, in Capital Trials,
after the Jury are charged and before verdict,
where such Adjournment is necessary for the
ends of Justice, 25 vol. 1295 (note). — Entry of
such an Adjournment on the Record in Stone's
Trial for High Treason, ibid. 1 296 (note).— Mr.
Hume says, that an Adjournment of the Diet
after the Assize is sworn, is strictly forbidden
by the Scotch Law, 18 vol. 1068.
ADMIRALTY.
Observations upon the extent of the Jurisdic«
tion of the Court of Admiralty, 13 vol. 454. —
Antiquity and Jurisdiction of the Court of Ad-
miral ty,and of IheOfficeoftheLordHighAdmiral,
15 vol. 1232. — Mr.Erskine's Argument in Cod-
ling's Case, that the Jurisdiction of the Admiral-
ty Courtis strictly local, 28 vol. 274. — Caption
of the Admiralty Sessions, 30 vol. 1132,
ADULTERY.
Mr. Emlyn's Objections to the Law of Eng-
land for not expressly making Adultery punish-
able as a crime, Em. Pref. 1 vol. xxxiti. — He
states his Opinion, that in principle it is an
indictable offence, ibid, xxxiii (note A).—
Bishop Cozens's Argument that after a Divorce
on the ground of Adultery, the Husband may
lawfully marry again, 13 vol. 1332. — If a
Husband find a Man in the act of Adultery
with his Wife and kill him, it is Manslaughter
only, Mawgridge's Case, 17 vol. 70.
AFFIDAVIT.
Instance of a New Trial being granted in a
Criminal Case, by the Court of King's Bench
upon Affidavits of the Jury, stating that they
did not mean by their Verdict to find the
criminal intent stated in the Indictment,
Simons's Case, 19 vol. 680.
AGENT.
In all Cases of General Conspiracy, where
many Agents are employed, the Acts of those
Agents may be given in Evidence on the Trial
of a person for being a party to that Conspiracy,
in order to show its general nature and Objects,
Home Tooke's Case, 25 vol. 127. — Discussion
respecting the extent to which the Acts and
DeclarationsofanAgentmayaffecthisPrincipal
crimiasmyi LQr4 MelyiUe's Case, 29 vol* 747f ;
158
GENERAL INDEX TO
[MlfiOBliZr.
AIDING AND ABETTING.
, To all Cases of burning or pulling down
Buildings, the being present, Aiding and Abet-
tirijg, though no Act be done by the party, is
a capital Felony, Lord George Gordon's Case,
21 vol. 493.
AIR-GUN.
Evidence respecting the construction and
properties of the Air-Gun, 26 vol. 85.
ALEHOUSES.
Lord Keeper Coventry's Directions to the
Judges, in the Reign of Charles the First, for
their conduct on their several Circuits, re-
specting the Regulation of Alehouses, 3 vol. 835.
ALIEN. See Allegiance — Post'fuUi.
An Alien may be a Witness, Duke of
Norfolk's Case, 1 vol. 1026, 4 vol. 1177.—
Definitioa and Description of an Alien by the
Law of England in Lord Coke's Report of
Calvin's Case, 2 vol. 636. — ^Incidents of
Aliens, ibid. 639. — Reasons why an Alien
born is not capable of inheriting Lands in Eng^
land, ibid. 640. — Precedents of Scotchmen,
before the Union, being tried and executed in
England for Treason committed in England,
cit^ by Mr. Steele, Attorney General for the
Commonwealth, in the Duke of Hamilton's
Case, 4 vol. 1176. — If Alien Enemies join
with English Rebels and are taken, the Aliens
are to be tried by Martial law or ransomed ;
but if Alien Friends so join, it is Treason in
all, ibid. 1182. — An Alien Enemy coming
into the Kingdom with a safe-conduct from
the Kiug, has all the rights and privileges of
an Alien Friend, Sir Robert Sawyer's Argu-
ment in the Great Case of Monopolies, 10
vol. 469.— -Such an Alien may maintain a per-
sonal Action, ibid. ib. — An Alien cannot be
naturalized by the King without the authority
of Parliament, Mr. Williams's Argument in
the same Case, ibid. 499.— Instances in which
the Kings of England formerly exercised the
power of expelling Aliens from the Realm,
15 vol. 528 (note). — Where a party defends
himself from a criminal Charge on the ground
of his being an Alien, the presumption is
against him, and he is held to strict proof of
his birth out of the King's dominions, Lindsay's
Case, 14 vol. 994, aud ^ueas Macdonald's
Case, 18 vol. 860.
ALLEGIANCE. See AUen^Fost-nati.
Definition and Etymology of Allegiance,
2 vol. 613, ibid. 679.-- Four different kinds of
Allegiance by the Law of England, ibid. 615,
4 vol. 1171.— Mr. Locke's Remarks on the
constitutional meaning of Allegiance, 22 vol.
1184 (note). — Allegiance and Laws are not
co-extensive, 2 voL 569, ibid, 596.— Discussion
of the Question whether Allegiance is due to a
King de jure and not de facio, 6 vol. 121
(note> — Sir Henry Vane's Argument, that
AUegiaace is dtt« nQt to Uie natural body
of the King, but to the King in conjunction
with the Parliament, the Law, and the King-
dom, ibid. 158.— Mr. Williams's Argument in
Lindsay's Case against the universsd applica-
tion of the Resolution in Calvin's Case, that
Allegiance is a quality of the mind, and en-
tirely personal and transitory, 14 vol. 1009. —
The Allegiance due from a natural-bom Sub-
ject to the King of England is perpetual and
unalienable, and cannot be dissolved by his
beine employed by a foreign Prince, iEneas
Macdonald's Case, 18 vol. 859.— Reference to
authorities establishing the inalienability of
Allegiance, 5 vol. 504 (note). — Some foreign
Jurists maintain a different Doctrine, ibid. ib.
— Statutes at present in force respecting the
Oaths of Allegiance and Supremacy, 6 vol. 201
(note). — Scotch Acts of Parliament relating to
the Oath of Allegiance at the Revolution jn
1688, 13 vol. 1450 (note).
AMBASSADOR.
By the Law of Nations, if an Ambassador
compass the Death of ^ the King in whose
country he is, it is Treason in him ; but if he
commit any other kind of Treason, he is to be
sent to his own Country, 2 vol. 881 and (note).
— Argument to prove that an Ambassador to
this Country has no privilege to exempt him
from Trial for a Crime committed in England
against English Laws, 5 vol. 491. — Sir Robert
Cotton*s Relation of Proceedings against Am-
bassadors for Misconduct, ibid. 495. — An
Ambassador procuring a Rebellion against the
Sovereign of that Country to which he is sent,
has no privilege to exempt him from punish-
ment, ibid. 499. — Opinions of eminent Civilians
on the civil and criminal liabilities of Ambas-
sadors, ibid. 503.— Lord Coke defines an Am-
bassador to be a person sent from one Sove-
reign to another, with authority, by Letters of
Credence, to treat upon affairs of State, 20
vol. 1115. — One who has not sovereign au-
thority cannot send an Ambassador to another,
ibid. ib. and 5 vol. 499. — Discussion whether
the East India Company is entitled to send
and receive Ambassadors, 20 vol. 1119. —
Reason of the Privileges of Ambassadors, ibid.
1130, 1134,
AMENDMENT.
A criminal Information may be amended at
any time before Trial, but not an Indictment,
9 vol. 1366 (note). — ^AfPlea in Abatement to
an Indictment for Murder amended by the
Court before it was entered on Record, against
the opinion of Lord Holt, Earl of Banbury's
Case, 12 vol. 1190.' — Arguments on the ques-
tion, whether a clerical Error in the Teste of a
Distringas Corpora Juratorum may be amend-
ed by the Court after Verdict, Tutchin's Case,
14 vol. 1135.— The Court of King's Bench
are equally divided in opinion upon the ques-
tion, ibid. 1187. — Lord Mansfield's Argument
in giving Judgment in Wilkes's Case, that a
Criminal Information may ba ameadad, 19
C(annN«.]|
THE STATE TRIALS.
159
vol. 1118. — The Amendment of an Infonnation
for Misdemeanour by inserting the word
"tcnour" instead of "purport," ordered by Lord
Mansfield at Chambers, upon hearing the
parties, but without the Defendant's consent,
held good, Wilkes's Case, ibid; 1077, 1117.—
Great clamour raised at the time against the
conduct of Lord Mansfield in allowing this
Amendment, ibid. 1082 (note).
AMICUS CUBiaE.
Mr. Justice Foster expresses an opinion,
that if, after a Verdict of Guilty in a Case of
Treason, any person, as Amicus Curiae, suggests
to the Coiirt, that the Prisoner is entitled to
the benefit of a Parliamentary Pardon, he
ought to be heard, though the Pardon is not
specially pleaded, Ratclifie's Case, 18 yoI. 435.
ANARCHY.
Tyranny said by Lord Camden to be better
than Anarchy, 19 vol. 1074.
ANNUAL PARLIAMENTS.
Joseph Gerrald's Arguments in favour of
Annual Parliaments on his Trial for Sedition
in Scotland, 23 voL 961.
APPEAL.
Origin and History of Appeals, 6 vol. 314.
■^Proceedings in an Appeal of High Treason
in Parliament against Tresilian and others, in
the Reign of Ridiard the Second, 1 vol. 971.
—Opinion of the Judges and Serjeants that
this Appeal was improperly brought, ibid. 113.
—Wager of Battle does not lie in an Appeal
of Treason in Parliament, ibid. 115, 6 vol.
315. — ^Appeals of Treason in Parliament taken
away by the Stat. 1 Hen. 4, c. 14, 6 vol. 314,
ibid. 313 (note).— Proceedings on an Appeal
of High .Treason in the Court of Chivalry,
and an Award of a Trial by Duel thereon in
the Case of Donald, Lord Rea, 3 vol. 463. —
The King cannot pardon in an Appeal of
Murder, because it is the suit of the party, 6
voL 287. — Lord Holt approved of Appeals of
Murder, 13 vol. 1199 (note).— Proceedings on
an Appeal for Murder, Bambrtdge and Cor-
bett's Case, 17 vol. 395-7.— The Stat. 3 Hen.
7, c. 1, requiring the Court before whom a
party is acquitted of Murder to remit bim to
prison, of to take Bail for his appearance to
an Appeal, does not apply to the case of a
Pazdoi^, Cbetwynd's Case, 18 vol. 326.
APPEARANCE.
Courts of Law are not bound to take notice |
of the voluntary Appearance of a Defendant
upon an Outlawry, Wilkes's Case, 19 vol. 1081.
APPROVER. See Accomplice.
All Approver had formerly a P^iny a^ay
for Maintenance daring bis service, 7 vol. 440.
-"•^MdM'ji PtfiBktioii -of m i^ppr9¥er, 9
vol. 127. — In early times, a party who had
pleaded to Issue in a capital Case could not
afterwards be admitted as an Approver, Kin-'
loch^s Case, 18 vol. 410. — Reason of this
Rule, ibid. ib. — The admission of Approvers
was always a matter of discretion in the Court,
ibid. ib.
ARCHBISHOP.
Arguments in the House of Lords in the
Case of Dr. Watson, Bishf p of St. David's, on
the power of an Archbishop to deprive a
Bishop, 14 vol. 455.
ARRAIGNMENT.
Want of Arraignment assigned for Error in
the Record and Proceedings against Thomas,
Earl of Lancaster, 1 vol. 45 ; see also 5 vol.
27. — Holding, up the hand upon Arraignment
is merely a ceremony to show that the Prisoner
at the Bar is the person called upon, 4 vol. 1 289.
— ^tt seems doubtful whether a Peer should be
required to hold up his hand on his Arraign-
ment, 6 vol. 1319 (note).— Reference to various
Trials of Peers as to the practice in this re-
spect, ibid. ib. — Holding up the hand de-
clared by all the Judges in Lord Stafford's
Case to be merely a ceremony to show the
Court who the Prisoner is, and the omission
of it to be no legal exception, 7 voL.1555.—
Blackstone's Account of the meaning and
object of calling upon a Prisoner to hold up
his hand at his Arraignment, 6 vol. 1319 (note).
— It is no Plea to an Indictment, that the
Prisoner has been previously arraigned in
another Court upon an Indictment for the
same Offence, unless further proceedings have
been taken upon the former Indictment, Dr.
Plunket's Case, 8 vol. 448.
ARRAY. See Challenge,
ARREST.
Mr. Justice Foster's Observations upon the
Law respecting Homicide upon Arrests or
attempts to arrest, 19 vol. 873. — Discussion
of the Question whether an Arrest under a
Warrant, in which the Officer's Name is in-
serted after the Warrant is sealed, is legal,
ibid. 864.— The question decided in the af-
firmative in Stevenson's Case, ibid, 878. —
Remarks of Mr. Hume and Mr. Burnett upon
the Law of Scotland respecting Homicide in
resisting Arrests, ibid. 879.
ARREST OF JUDGMENT.
An erroneous Addition to the Defendant's
name in an indictment cannot be taken ad-
vantage of in Arrest of Judgment, but must
be pleaded in Abatement, Axtell the Regicide's
Case, 5 vol. 1223. — Upon a Conviction on a
Trial at Bar in the Court of King's Bench,
whether by Confession or Verdict, the Prisoner
has four full days to move in Arrest of Jttdg**
ment, Knightley's Case, 13 vqI, 403,
160
GENERAL INDEX TO
DiiBrntsL.
ARSENIC.
Dr. Black's Account of the usual symptoms
in Cases of Death from Arsenic, in his Evi-
dence on the Trial of Mary Blandy for the
Murder of her Father, 18 vol. 1140 (note).
ART AND PART.
Mr. Hume's explanation of the meaning of
this phrase by the Law of Scotland, with
Remarks upon its Origin and History, 10 vol.
807 (note).
ARTICULI CLERL
Lord Coke's Observations upon the Articuli
Cleri exhibited by Boniface, Archbishop of
Canterbury, 51 Hen. 3, 1258, 2 vol. 131.—
Articuli Cleri exhibited by Archbishop Ban-
croft in the Reign of James the First, ibid.
134.
ASSASSINATION PLOT.
Informations and Depositions respecting
the Assassination Plot, 12 vol. 130;1. — ^Asso-
ciations entered into by the Houses of Parlia-
ment and other public bodies on tlie discovery
of the Assassination Plot, ibid. 1462 (note).
See Chamockj Bohert — Freindy Sir John — Par-
hfttt, Sir WdUam-^Batikwood, Ambrose — Cran^
himef Oktrles — Lowick, Robert — Cook, Peter
— Fenwick, Sir John,
ASSAULT.
On the/ Trial of an Indictment for a com-
mon Assault upon a woman, Evidence of an
Assault with intent to ravish is inadmissible,
per Lord Mansfield in the Case of the Madras
Council, 21 vol. 1227.
ASSIZE.
Manner of forming the Assize in Criminal
Cases by the Law of Scotland, 19 vol. Ill
(note). — Of the form in which the Assize
deliver their Verdict by the Law of Scotland,
11 vol. 92 ^note), 96 (note). — Mr. Hume says,
that an Adjournment of the Diet after the
Assize is sworn, is strictly forbidden, 18 vol.
1068.— Instance of such an Adjournment with
the consent of all parties, ibid. 1011.
ASSIZE OF ERROR.
Account of an Assize of Error against the
Jury for finding a false Verdict by the Law of
Scotland, 11 vol. 75 (note). — Instance of a
Protest by the Lord Advocate, before the Jury
were inclosed, for an Assize of Error against
them in case they assoilzied, 10 vol. 790. —
Instances of Proceedings on Assizes of Error,
11 vol. 75, 101.
ATHANASIAN CREED.
Tillotson's Opinion of the Athanasian Creed,
15 vol. 703 (note).— Dean Swift's Account of
}t| ibid, ib(
ATTACHMENT.
Mr. Erskine's Reasons for bis Opinion re*
specting the power of Courts of Justice to
proceed by Attachment for Contempts, con-
tained in a Letter to a Gentleman of the Bar
in Ireland, 27 vol. 1019.
ATTAINDER.
Observations of Bishop Burnet and Lord
Coke on the Attainders in the time of Henry
the Eighth against persons not brought to
Trial, 1 vol. 481. — Many of the Commons
argued against Attainders in absence, in the
Case of Lord Seymour of Sudley, ibid. 494
(note). — Opinions of several eminent Writers
respecting Bills of Attainder, 16 vol. 651
(note).— :Lord Cromwell, in the time of Henry
the Eighth, is said to be the first man who
promoted Bills of Attainder, 13 vol. 726. —
Arguments of Counsel in Sir John Fenwick's
Case against Bills of Attainder, ibid. 631.— It
was resolved by the House of Commons in
that Case, that a Prisoner brought to the Bar
to hear a Bill of Attainder read against him,
must stand with the Mace at the Bar, ibid.
546. — Act of Attainder against several per-
sons concerned in the Rebellion of 1745, 18
vol. 640. — The person of a Man under an
Attainder by a conviction for High Treason is
not absolutely at the disposal of the Crown,
and until Execution is done, his Creditors have
an interest in his person for securing their
Debts, Mnesa Macdonald's Case, ibid. 862. —
Mr. Cruise's Summary of the effects of At«
tainders upon Peerages, 19 vol. 979. — ^By Stat.
7 Ann, 0.-21, it is provided, that no Attainder
for Treason shall work a Disherison of the
Heir, or affect any other right than that of the
Offender during his life, Emlyn's Pref. 1 vol.
xxviii.
ATTAINT.
In Cases where an Attaint lies, the Jury
cannot be fined by the Judge for giving their
Verdict against Evidence, or the directions of
the Court in matters of Law, Bushell's Case,
6 vol. 1009. — ^Accounts by Mr. Barrington and
other Writers of the reason why an Attaint
did not lie against the Jury for a false Verdict
in criminal Cases, 11 vol. 77 (note), 78 (note).
ATTORNEY.
Discussion respecting the origin and extent
of the Rule, that Attornies shall not be called
upon to divulge in Evidence facts affecting
their Clients, which came to their knowledge
as Attornies, 17 vol. 1224. — ^The Rule does
not apply where the facts do not come to the
knowledge of the Attorney in his professional
capacity, ibid. 1239.
ATTORNEY GENERAL.
Remarks on the Origin and History of the
OflSce of Attorney General, in the Judgment
of the Court of Common Pleas in Wilkes's
Case, 19 vel. 1128. — Home Tooke's Reraaiks
on 4ie 0£|9e| 20 ?q1. 694.-"-Sir Fnoicis BaoQQ
is said to hare been the first Attorney General
"who was permitted to sit in the House of Com-
moos, ibid. 696. — ^The Attorney-General had
formerly no Pre-audience for any Motions but
sach as he made for the King^ 2 vol. 881 (note).
AUGMENTATIONS, COURT OF.
Lord Keeper Somers's Argument in the
Bankers' Case,that,the Court of Augmentations
at its dissolution by Queen Mary, was united
to the Court of Exchequer, 14 vol. 89. — Lord
Holt denies, in his Argument in the same Case,
that it was ever legally united to the Court of
Exchequer, ibid. 36.
AY3LESBURY MEN, CASE OF.—See Ashhy
and White,
BAIL.
Distinction between Bailable and Replevia-
ble, 3 vol. 91 . — In a Charge of Rape or Sodomy,
the Prisoner cannot demand to be bailed de
jure, but he may be bailed ex gratili. Lord
Castlehaven's Case, ibid. 403. — A Peer com-
mitted by the House of Lords cannot be ad-
mitted to bail by the Court of King's Bench,
Earl of Shaftsbury's Case, 6 vol. 1296. —
Arguments' in the Earl of Danb/s Case, on
the question whether a Person imprisoned by
the House of Lords upon an Impeachment
by the Commons, can be bailed by the Court
of King's Bench upon a Dissolution of the
Parliament, 11 vol. 831. — Bail cannot be
taken in a Homine Replegiando till the party
eloigned be produced, I^rd Grey de Werk's
Case, 9 toI. 185. — ^An Acquittal of an Indict-
ment for Murder is a sufficient foundation for
admitting the Party to Bail upon an Appeal
for the same Murder, Bambridge*s Case, 17
vol. 396.— The Statute 5 and 6 Will, and Mary,
authorizing a Court before which a Pardon for
Felony is pleaded, to require Bail for good
behaviour, 18 vol. 327. — The Court will not
require a Party, who has been pardoned after
a Special Verdict found upon an Indictment
for Murder, to give Bail for his Appearance to
answer to an Appeal ; the word '' Acquittal "
in the Statute 3 Hen. 7, c. 1, being to be Con-
strued strictly, Chetwynd's Case, ibid. ib. — ^A
person in Custody on a Capias utlagatum after
conviction of a Misdemeanour is in Execution,
and cannot therefore be admitted to Bail with-
out the consent of the Prosecutor, Wilkes's
Case, 19 vol. 1089, 1094. — Recognizance of
Bail in the King's Bench to appear and answer
to an . Indictment for Felony in Parliament,
20 vol. 356 (note). — A Tender of Bail on a
charge before a Magistrate must not be con-
ditional, but must be absolute like a Tender of
Money, ibid. 1315.
BAILIFFS.
. Distinction between Bailiffs of Hundreds
and Special Bailiffs, 16 vol. 50 (note).— Of the
extent of protection which the Law gives to
Bailiffs executing legal Process, ibid. 50,
VOL, XXXIV,
THE STATE TRIALS.
BANISHMENT.
161
Distinction between Banishment and Trani-
portation, 23 vol. 794.— Of the lejral and ety-
mological meaning of the word Bar-ishment,
ibid. 849.-— Argument that Transportation and
Banishment are not distinct species of Punish-
ment by the Law of Scotland, ibid. 861, 866.
BANKERS' CASE.
The Case of the Bankers in the Court of
Exchequer, and afterwards in the Exchequer
Chamber and Parliament, 2 Will, and Mary,
—12 Will. 3, 1690-1696-1700, 14 vol 1.—
Mr. Hargrave's Introductory Note to the Case,
ibid, ib, — Account of the Case from Freeman's
Reports, ibid. 6.— From the Fifth Volume of
Modern Reports, ibid. S.—The Record of the
Petition to the Court of Exchequer, ibid. ib.
— Letters Patent from Charles the Second to
Joseph Hornby, the Petitioner, ibid. 9.--The
Attorney General demurs to the Petition, ibid.
19. — The Court of Exchequer give Judgment
for the Petitioner, upon which the Attorney
General brings a Writ of Error, ibid. ib. —
Record of the Writ of Error, ibid. ib. —
Argument of Chief Justice Treby in the Ex-
chequer Chamber against the Judgment of
the Court of Exchequer, ibid» 23. — Chief
Justice Holt's Argument for the Judgment,
ibid. 29. — Lord Keeper Somers's celebrated
Argument against the Judgment, ibid. 39. —
Mr. Hargrave calls this Argument of Lord
Somers's one of the most elaborate ever deliver-
ed in Westminster Hall, ibid. 3. — The Court
of Exchequer Chamber reverse the Judgment
though the majority of the Judges thought it
should be affirmed, ibid. 105. — Proceedings in
Error in Parliament, ibid. 106. — Case of the
Plaintiff in Error in Parliament, ibid. ib. —
Resolution of the House of Lords that the
Judgment of Reversal be reversed, ibid. 110. —
Record of the Judgment of the House of
Lords, ibid* 111.
BAPTISM.
Discussion at the Hampton Court Confer^
ence, respecting the Rite of Baptism according
to the Liturgy of the Church of England, 2 voL
72.
BAR.
The Inns of Court have merely an authority
delegated to them by the Judges to call to
the Bar, 20 vol. 688 (note). — It was held by
several Inns of Court, on consultation, to be
improper to admit to the Bar a person who
had taken Orders, ibid. 587 (note). — Lord
Mansfield says, in the Case of Hart, that a
Mandamus will not lie to compel the Benchers
of an Inn of Court to admit a Candidate to
the Bar, ibid. 689 (note). — If a Person is ag-
grieved by the refusal of the Benchers of an '
Inn of Court to call him to the Bar, the proper
Remedy is a Petition of Appeal to the Twelvi
Judges, ibid, ib,
i§i
GEi^riftAt tiiiitx f d
(Ui^^htj.
BAtlttSETAGE.
Origin of the title ofBafon^t, if vol. 1023.
—In an Itidictment fot the Murder of k
Baronet^ it was held iinhecessary lo describe
hira as stich^ Captain Ooodere*s Case, ibid.
1025.
BATTLE.
In Appeals bf Treason in Parliament, Wager
of Battle does not lie^ 1 vol. 115 and ibid. ib.
(note).— Instance Of the Av^ard of a Trial by
Eattle in the Court of Chivalry^ 3 vol. 483.—
lackstone's Account, of the mo^e Of waging
Battle npon Appeals, ibid. .484 (note); —
Description and I)imensiOns of the Weapons
used in a Trial by Battle in the Court of
Chivalry, ibid. 511. — Particular Acfcount of
the Trial by Battle, from Minshew's Dictionary^
ibid. 514. — Resolution of the Judges upon an
Exception taken to a Trial by Battle in a
Writ of Right, that the Chdnlpions ^ere liired
for Money, ibid. 518.
BENEFIT OF CLERGY.-See Cfergy.
BENEVOLENCES.
Mr. Hargrave's Accoudt of Benevolences, and
the present state of the Iftw respecting thehi,
2 vol. 899. — Mr. Yclverton'is Reniai-ks on B^he-
voliences ih his Argument ih the Great Cas6 of
Impositions, ibid. 485. — Mr. St. Johh'^ Argu-
ment against a Benevolence collected tindei:
Letters of the Privy Council, ibid. 900.— Bene-
volences were declared to be contrary to
Law by the Petition of Rights, i tol; 221.
BIGAMY.
Trial of Maty Moders for Bigainy iii the
Reign of Charles the Second, 6 "vol. S73;— The
Trial of the Duchess of kingstoii for Bigataiy;
20 vol. 369.— -The history arid preseht State of
the law respecting thfe Criihe of Bigamy, ibid.
358 (note).— The Statute of Bigamy, 4 Ed#; 1 j
c. 5, ibid. 361 (note).— Sir Samuel Romilly*s
Remarks upon the Crihie of Bigamy, ibid. 362
(note). — Discussion in the Duchess of King-
ston's Case, whether a sentence of Jactitation,
pronouucea by the Ecclesiastical Court upon a
first Marriage, is not a conclusive answer to a
Charge of Bigamy upon the party's contracting
a second Marriage, ibid. 391.
BILLS OF ATTAINDER.— See AttttMer.
BILL OF EXCEJPtrONiS.
The Stat, oir Westminster, 2 c. 31, which
gives the Bill of Exceptions, does not ixterid
to criminal Cases, Sir Hehry Vane's (Case, 6
vol. 130.and (note).--Writto.the Lord Chief
justice Pratt to confess hiis Seal to a Bill of
Exceptions, 19 vol. 1001.— Form and ceremony
of a Judge'^s appearance in Court to confess His
Seal, ibid. 1003.— Lord Camden, when Chief
Justice of the Court of Common Pleas,, refused
to accept a Bill of fexceplions tendered to hiUk
lifter the Verdict was recorded^ ibid. Ilig8«
BISHOPS.— See Bimi BMt)pi.
, biseussion of the Qaestion whether it ts
lawful for a Bishop to hunt, 2 vol. 1167, 1174*
— Lprd Clarendon's Notit^e of the Discusdieii
in the House of Commons previously to the
Trial of Lord Strafford, respecting th^ attend-
ance of the Bishops in the House of Lords on
the Trial. 3 tol. l3ld tnote>.— The Bishops
voluntarily withdraw frbm th^ House on tnfe
Triall, ibid. 1315 rtiDte).~Re&olved by thfe
Hddse of Lords ifa tlie debates previotis to tfafe
Trial of Lord Sttaffordj that the BiMhotis bk^b
a right to remain iti the Hoiisfe ddririg a capital
Trial till Judgment of De«lth is passed, f irol.
1269. — The Bishqps witl)drew from the House
dhrihg the Trial of Lord dtafford-, ibi^: 1^96;-^
So also in the Case of Siflidn Fraser, Lord Lovat,
before Judgment was pronounced, delivering
a Protestation, 18 vol. 824 (note). — Bishops
could not, before the Stat. 7 and 8 Will. 8). be
summoned to the Court of the JLord High
Steward, ibid. 444 (note). — A Bishop pleading
his Privilege must state it) his Plea generally,
that " he is one of the Feeb of the ttealm,*'
having no Letters JPatent to set out, !^rl of
Banbury's Case, 12 vol. 1194— Qishops are
hot to be tried by their Peei*s for Treason or
Felony, but by a Jury, 4 vol. 744. — ^The Bisjiops
are not named it^ the enacting part of Bills ot
Attainder, l3 vol. 7i2.
BLACK ACT. -^eeAmoldf kdujordi ^rmtrdf
Wiiliam,
In ^ Phlsebtltloh m thk Black Aet ibt
hialicibusly shooting, it i§ hbt necessary td
jirov^ that the Prisoner had his JPace blacked,
or w^s otherwise disguised, Arnold'^ Casie^ l6
vol. 744-5 and (liote).— Not is It tiecessdN- in
sdch a Prosecution W ph)ffe exjitess ^iiuce>
Schofldd*^ Casej 31 tol. l044, l047.
BLANK WAttRAl*TS.
Argumefats of Counsel in Stevenson's Case
on the legality of an Artest iipon a Blank
Warrant, 19 Vol. 864.
BLASPHEMY.— See Aikenkeadi Thommt
fetyttibtogV arid origittdl sighii5c4tioh of the
Wbtd blasphetny, 5 Vbl. 822.— Whitelocke'i
Argument ih Jame^l^ayleir^s Cas^, that Blas-
phemy ought not to be capitdlly nuhished;ibid.
82l.--Accoutit of the Offence of filasphetiiy,
and its Ptihishmeht by the Mosaic tAw, ibitt.
823. —Distinction between H'eresV dnd &is-
phemy, ibid. 826.— Scotch Act of Parliament,
ihaking Biasjihemy a bapital offence. Id vol.
12^4 (bote).— Mr. ftayiey's Opinion itt WiU
liams's Case, that Blasphehiy h ah ihdictabfe
offence at Common Law, 56 vol. 654. — Re-
ference to several Cases deciding that Blas-
phemy is ajt Offence at Common Law, in the
Speech of sir Vlcary Gibbs foi- the Prosectitibft
Oh the Trial of Daniel Isaa^^ Eaton. 31 nxlL
931.
uMfMflMj
3PH6 STATE TRIALS.
lea
BOROUGHS.
or th§ <>Hf«l ^nd hatttfie df the Hght of
BitfbttgH^ le %i^t iri§bif^s6ilttttiV«8 in Parlid^
m^ii 14 f^l. lr83.:^THidr« tir« tw« sbrtS bf
Bdi^^ in £A^lft»d^ ibid. ib.-^In artci^nt
Bottfteglili Vhercf iaticls are b^ld ih BUr^ag^^ th«
BH^si^^ buf fe a feal righi ann^i^ tc^ ih^t
iAki^ Id li^rid MdttabSH Vb ParUattietit, and
ih tti9§6 Bbii9i3|b^ ktld Citie§ Which hate a
right li$ «iect represetitaliVe»by tpreseriptidb di-
dtaHef) il is ik ^^rianal right anniexed td the
bbdy p6litie d)* edrj^fatidtt) ibid, ib^
fiOtJMANt
AccouDt by Sir Walter §cott and other
WiiteH^ of the fipecies of AgricultHrsll Tetiant
80 called in Scotland, 19 vol. 118 (note).
BOX-MONfeY.
. it is a Sum of IVfohey annually distributed
by the Leni Ghanceltor in private Charities, 16
▼ol. 1259.
BRIBERY.— See Hollis, Thomas Brand.
The same ineB|>acities ensue Upon a Convic*
tioh far Bribery at Common Law^ aa when the
Preceedinli is by Aetibn upott the Statute, 20
BRISTOL.
Evidence l^sjpeetihg thd extent of the
Boundaries of y>e Gity of Bristol, 17 vol.
1056.
BftittSH CONVENTION.
Miniltes of t pdtitical Association so called^
feriiieQ iii Bdinburgh in 1793, 23 vol. 391.-^
See Skkmng^ Willwms Marglsrolf MauHces
BULLSi
fittti of I^6p6 Jhtihs m S^tbhd adthdritifag Ihtg
Maifla^e df Catharine bf Arraeon to Henry
tbfe toghth, 1 vol. 320.— Bull of Pope I'ias the
Fifth, eitdommutiicating and det^riving Qneen
tllikdtl«ih and abSblVing hel' Stibjects frdm their
Allegiante, ibid. 10^6.
BtJROLARY.
If terend persens come to rob a House)
ud soraci break in and ihe rest stand wateh, it
is Bargli^ in all^ Colonel Turner's Cas^ 6
veil 613, 4l5;-»If ft door is opened by a Piek«
Mt^ it is as much a Burglary as if it were
tiol4)Uy brokeii^ ibid. 614. — ^It was formeiiy
lield that a parsen acc^itted of Burglary iii the
House of Ai ahd stealing A^i gdods, could not
be again indicted foe the same Burglary in the
iMse of Ai and stealiiig B^s goods, though he
AafiA be indicted for the Larceny of B's goods^
but it seefiaii now to be otherwise considered,
>^. 616 (Bote)t*s^f Ik Footmaii open the Door
^ hii Uia^f^ H«u^ froiLwithia in the atght,
and admit persons for the purpose of robbing
the House, il is JBurglary in the Fpotraan,
Com well's Case, 1 vol . 785 (note).— If Thieves
influence a Constable to break the Door of a
House, and they then enter and rob, it is Bur-
glary, ibid. 782.
BURNING.
In all Cases of burning Houses, the being
present aiding, abetting, and encouraging, the
actual Offenders, though no Act is done by the
party, is a cat)ital Felony, 81 vol. 4981
BUftNti^G n^ THE HAND,
In Lord Ca^tlemaide^sCase it was determin-
ed by the CdUtt of;Kidg's Bench, after a com*
mUhicalidn tfrith the Justices of C* P. that a
persoti conf itted of Felony ind burbt in the
hadd, liiay be a Witness; otherwise, if he be
convicted of Felony and pardoned, but not
burht in the hand, 7 Vol. 1096.— Opinion of
the Judges in the Earl df Warwitk^s Case, that
i Commoner convicted df Felony, and allowed
his clergy^ but not pardoned or burhed in the
hElnd, is net a good Witness, 13 vol. 1014.—
Pfeers are ekcu^ed frdin burning hi the hand by
Stat. 1 Edw. 6, ibid, ib.— Opinion of the
Judges in the Duchess of Kingston's Case^that
d Peeress convicted of a clergyable Felony is
entitled to the benefit of the Statutes id the
same ihatiner as a Peer, without being burnt
id the hand, 20 voL 642 (note).
CABAt.
Origin of the term, 6 vol. 1344 (note)."^
Attack upon the Ministers so called^ in the
House of Commons, ibid« 1044.
CAMiERONIANS.— See Covenanters ; CargiUf
lionabii Haekstounf Davids Semple, John,
Mr. Laing's Account of the religious Sect
so ealled in the time of Charles the Second, 10
vol. 868 (note).— The Apologetical Declaration
and Admonitory Vindication, published by
them in 1684, 11 vol. 949 (note).— The King^a
Proclamation against it, ibid. 953 (note). —
Wod row's Account of the Origin of this Pro^
clamation, ibid. 957. — Instance of a Cameronian
in 1793 being committed by the Court of
Justiciary for refusing to be sworn as a witness
dn the ground of religious scruples, 23 vol; 145.
CAMBRIDGE, UNIVERSITY OF.
, Proceedings against Dr. John Peachell,
Vice-Chancellor, and the University of Cam-
bridge, for not admitting Alban Francis, a
Benedictine Monk, to the degree of Master of
Arts, 3 Jac. 2, 1687, 11 voL 1315.— Burnet's
Aecount of these Proceedings, ibid. ib. (note).
-^The Vice-Chancellor and a Deputatipn from
the Senate are summoned to appear before the
Ecclesiastical Commissioners, ibid. 1324. —
Their Answer to the question proposed to
theio, ibid. 1826.— Sentence of Deprivation
passed en tiie Vke^^ChaoceUor. ibidi 1335«--k
164
GENEEAL INDEX TO
PkflSClBZiX'^
Copy of the Sentence, ibid. 1339. — Proceed-
ings of the University of Cambridge in 1793,
against William Frend forpublishing a libellous
Pamphlet, 22 vol. 523.
CAPTION.
The Caption said to be merely the style of
the Court, and no part of the Indictment^ 23
vol. 237.
CARAVATS AND SHANAVESTS.
Meaning of the Term, 31 vol. 440.— Trials
of the Caravats and Shanavests under a Special
Commission for the Counties of Waterford,
Tipperary, and Kilkenny, in Ireland, 51 Geo.
3, 1811, ibid. 413. — ^Lord Norbury's Address
to the Grand Jury of the County of Tipperary,
ibid. 414.— Trial of Andrew Kenvirick and
Laurence Dwyer for robbing the Guard of
the Cork Mail of his Arms, ibid. 418. —
Speech of the Solicitor General (Mr. Bushe)
for the Prosecution, ibid. ib. — Evidence for
the Prosecution, ibid. 426. — Evidence for the
Prisoners, ibid. 428. — The Jury acquit them,
ibid. 430. — Trial of James Kitchen, under
Lord EUenborough^s Act, for firing a Gun vfrith
intent to murder, ibid. ib. — He is acquitted,
ibid. 432. — Trial of David Lamy for a similar
Offence, ibid. ib. — The Jury find him Guilty,
ibid. 434. — Sentence is passed upon him, ibid.
435. — Maurice Murphy is tried and convicted
of Highway Robbery, ibid. ib. — Henry Hogan
is tried for firing a Gun, and acquitted, ibid.
436. — He is tried and convicted of receiving a
Blunderbuss, knowing it to have been stolen,
ibid. 381. — Patrick Dwyer and several others
are tried and convicted for assuming the name
of Caravats, and sounding a Horn, with intent
to excite a Riot, ibid. 437. — ^Trial of John Cor-
coran and others, for firing a Gun with intent
to murder, and also for assuming the name of
Caravats, and appearing in arms by night, il^d.
439. — ^They are found Guilty of a Misdemea-
nour, an error being discovered in the capital
part of the Indictment, ibid. 443. — Thomas
Power is tried, convicted, and sentenced to
Death, for Murder, ibid. ib. — Michael Foley is
tried and convicted for robbing a Soldier of his
firelock, ibid. 446. — John Lonergan is tried,
convicted, and sentenced to Death, for an at-
tempt to rob a person of a Gun, ibid. ib. —
Timothy Dwyer is tried, convicted, and sen-
tenced to Death, for attacking a House in the
night-time, ibid. 449. — James Lang is tried,
convicted, and sentenced to Death, for Murder,
ibid. 450. — Proceedings under the Commission
for the County of Waterford, ibid. 451. — Trial
of Thomas Blake and several others for Menaces
and Threats, and firing a Gun with intent to
murder, ibid.ib. — Mr. Serjeant Moore's Speech
for the Prosecution, ibid. 452. — They are found
guilty, and receive sentence of Death, ibid. 463.
— ^Thomas Dwyer pleads guilty to an Indict-
ment for stealing arms, and Sentence of Death
is passed upon him, ibid. ib. — ^John Brown and
jMaurice Quan sire tried for Burglary and found
Guilty, ibid. 465. — ^The Jury recommend Brown
to mercy ; Quan receives Sentence of Death,
ibid. 466. — ^Thomas Welan and John Welan
plead Guilty to an Indictment for Burglary,
ibid. ib. — Address of the Solicitor General to the
Court, on the close of the Trials for the County
of Waterford, ibid. ib. — ^Lord Norbury's Ad-
dress to the Grand Jury of the County of Kil-
kenny, ibid. 468. — ^John Quinlan is tried for
Robbery and Burglary, ibid. 472.— Speech of
the Solicitor General for the Prosecution, ibid,
ib. — Evidence for the Prosecution, ibid. 488.
— Evidence for the Prisoner, ibid. 493. — ^The
Jury find him Guilty, and Sentence of Death
is passed upon him, ibid. 496.
CATO STREET PLOT.— See Thutlewood,
Arthur,
CERTAINTY.
Chief Justice De Grey's Explanation of the
different degrees of Certainty required in dif-
ferent kinds of Pleadings, 20 vol. 792.
CERTIORARI.
Certiorari to remove an Indictment found
in an inferior Court to the Court of the Lord
High Steward, 6 vol. 773. See also Balmeriao,
Arthur y Lord; Byron, William, Lord; Ferrars,
Laurence, Earl ; Kilmarnock, WilUam, Earl of;
Mohun, Charles, Lord; Warwick, Edw(«rd,
Earl of.
CHAINS.— See Irons.
CHALLENGE.
There can be no Challenge of a Peer of the
Realm in a Trial before thel^rd High Steward,
Duke of Somerset's Case, 1 vol. 521 .—So held
by all the Judges in Lord Castlehaven's Case,
3 vol. 402. — ^The Challenge of a Peer disallowed
on the Trial of the Earls of Essex and South-
ampton, 1 vol. 1335. — In a Trial for Treason
before the Lord High Steward, the Prisoner
cannot challenge any of his Peers for being
implicated in the same Treason with himself^
unless they are attainted, Duke of Norfolk's
Case, ibid. 765. — ^A Challenge of a Juror
after the Oath was administered, but before
the Juror had kissed the Book, was held to be
too late, Colonel Morris's Case, 4 vol. 1255. —
It was resolved by all the Judges in the Case of
the Regicides, that if several persons, jointly
indicted for the same Ofience, are severally
tried, and if, after the conviction of some, any
of the same Jurors are called to try the others^
they cannot be challenged on this Account, 5
vol. 978. — Lord Holt seems to have held the same
doctrine in Cranburne's Case, 13 vol. 235.—
The Objection was made on the Trial of Peter
Cook, but was overruled by the Court, ibid.
313. — It was held by all the Judges, in the
Case of the Regicides, that if one Jury be
charged with several Prisoners, and they chal-
lenge peremptorily, and sever in their Chal-
lenges, a Juror, who is challenged by one, is
drawn for all, 5 vol, 979. — Peremptory Chal-
lenges are only allowed in capitcd Casesi
CoMTKMTaj
THE STATE TRIALS.
165
&eadiDg*9 Case, 7 vol. 265 .—The same point
-was ruled by Chief Justice Jefieries on dates's
Trial for Perjury, 10 vol. 1080. See also
Blackstone's Opinion, ibid» i\\, (note).—- The
Crown may challenge peremptorily till the
Panel is gone through, because the Law will
have those for Jurors who are minus suspecti,
8 vol. 334. — Chief Justice Pemberton, on the
Trial of Lord Grey of Werk, states the rule to
be, that the King cannot challenge without
cause, but that he is not bound to show his
Cause till the Panel is gone through, 9 vol. 128.
•—In Count Coningsmark'sCase, Chief Justice
Pemberton seems to have expressed a different
Opinion, ibid. 12.-^ If there be a Default of
Jarors when the King challenges, he must show
Cause for each Challenge, Peter Cook's Case,
13 vol. 313. — ^This Rule was objected to by the
Counsel for the Prisoner in Layer's Case, but
Lord Holt and the rest of the Court overruled
the Objection, 16 vol. 134. — ^The same Rule is
stated by the Court on Home Tooke's Trial for
High Treason, 25 vol. 25. See also Spencer
Cowper's Case, 13 vol. 1108. — Discussion of
the principle and validity of the Rule, that the
King is not to show his Cause of Challenge till
the Panel is gone through, in the Case of
O'Coigly and others, 26 vol. 1231. — Judgment
of the Court in that Case, confirming the Rule,
ibid. 1240. — ^Allowance of the Challenge of a
Juror by the Crown, on the Trial of Sir Miles
Stapleton for being concerned in the Popish
Plot, because he had disparaged the Witnesses
for the Plot by calling his Dogs after them, 8
vol 503. — ^Arguments on the validity of a
Challenge to a Juror on aTrial for High Treason
in London, for not having a freehold of 405. per
annum within the City, Lord RusselFs Case, 9
vol. 586. — ^Judgment of the Court against the
Challenge, ibid. 591.— Sir John Hawles's
Remarks upon this Judgment, ibid. 795. —
Discussion whether it is a good cause of
Challenge to a Juror, by the Defendant, on a
Trial for a Misdemeanour, that he holds an
office of profit under the Crown, ibid. 1057. —
Lord Holt holds, on the Trial of Sir William
Parkyns, that it is no Cause of Challenge by
the Prisoner to a Juror that he is a Servant of
the King, 13 vol. 75. — See Mr. Hargrave's
Note upon this Subject, 22 vol. 1038 (note). —
It is a good cause of Challenge to a Juror that
he has expressed an Opinion of the Prisoner's
Guilt; but the fact must not be proved by the
Examination of the Juror, but must be proved
aliunde, Peter Cook's Case, 13 vol. 334. — If the
cause of Challenge touch the honesty of the Juror,
he is not to be examined on it, 15 vol. 898 (note).
—Lord Holt says in Tutchin's Case, that there
canbenoChallengeforfavouragainsttheCrown,
14?ol. 1101. — Discussion of this Doctrine in
the Case of Sheridan and Kirwan, in Ireland,
3 vol. 554. — It is a good cause of Challenge to
a Juror in a criminal Case, that he is one of
the Grand Jury who found the Bill, Dr. Oates's
Case, 10 vol. 1081. — It is no cause of Chal-
lenge by the Prisoner, that a Law-suit was,
some time previously, depending between him
and the Juror, Francia's Case, 15 vol. 897.
—The Prisoner cannot challenge peremp-
torily on the Trial of collateral Issues, Rat-
cliflfe's Case, 18 voL 432.--Upon this point a
different Opinion appears to have prevailed
formerly, ibid. ib. (note). — Lord Coke says
that when the King is a party, a person shall
not challenge the Array for favour in the.
Sheriff, because, in respect of his Allegiance,
he ought to favour the Crown more, 22 vol.
1038 (note). — Mr. Hargrave's Remarks upon
the reason given by Lord Coke for this Posi-
tion, ibid. ib. — Lord Coke says, that if the
Sheriff be a Vadelect, or menial servant of the
Crown, the Array may be challenged, ibid. ib.
— Mr. Hargrave's Note on this point, ibid. ib.
— Discussion whether there can be a Challenge
to a Grand Juror, in Sheridan and Kirwan 's
Case in Ireland, 31 vol. 548. — Decided in the
negative by a Majority of the Court of King's
Bench, ibid. 566. — Form of the Challenge in
that Case, ibid. 545. — Trial of a Challenge of
the Array, ibid. 755. — Trial of a Challenge of
a Juror, 26 vol. 1230. — ^The Rule respecting
the time of making a Challenge in Criminal
Cases is, that the Prisoner should declare
whether he challenges, before the Counsel for
the Crown are called upon, Brandreth's Case,
32 vol. 774. — The same Rule is insisted upon
by the Attorney General in Layer's Case, 16
vol. 135.
CHAMBERS,
The Benchers of the several Inns of Court
have the sole Privilege of making Rules
respecting the letting of Chambers, subject to
an Appeal to the Lord Chancellor and the
Twelve Judges, 20 vol. 689 (note),
CHANCELLOR OF THE EXCHEQUER.
The Chancellor of the Exchequer said to be
a Judicial Officer, 15 vol. 1320.
CHANCE-MEDLEY.
If one, shooting at Wild Fowl, happen to
kill a Man, this is Chance-medley, 16 vol. 80.
— If a Parent or Master, being provoked by
some miscarriage of a Child or Servant, cor-
rects him with a moderate weapon, and
happens to kill him, it is Chance-medleys but
if he uses an improper instrument for the
purpose, it is Murder, Mawgridge's Case, 17
vol. 67.
CILARACTER.
On a criminal Charge Evidence of the good
Character of the person accused, has no weight
ao^ainst Evidence of the fact, 6 vol. 613.—
Observations of Lord Holt respecting the value
of Evidence of Character, 14 vol. 596. — Chief
Justice Parker's Remarks on Evidence to
Character, 15 vol. 604.— .Mr. Erskine's Ob-
servations on the proper object and e0ect of
Evidence to Character, 24 vol, 1073, 1076,
1079. — On a criminal Trial, Evidence of
Character; where the facts are not disputed; U
166
OBNERAL IKDEX TO
irrelevaDt as to the Verdict, but it is ^^missible
in mitigation of Punishment, Draper's Case^
30 vol. 1018, 1019.— Evidence of Character
must be general, and particular facts establishing
it are not admissible, Davison's Case, 31 vol.
18f. — Lord Ellen borough says in that Case,
that " the correct mode of examining a Witness
to Character is to ask him, whether, from his,
knowledge of the Defendant's general Charac-^
ter, he thinks him capable of comraittipg the
Offence charged against him/' ibid. ib. and 189.
-—On the Trial of Lord Stafford, Evidence of par-
ticular acts of misconduct committed by the Pri.
soner's Witnesses was admitted, for the purpose
t)f discrediting them, 7 vol, 1459, 1478.— Lord
Holt lays down the Rule in Rookwood's Case,
that Evidence may be given of the general bad
Character of a Witness, but that Evidence of
particular Crimes is inadmissible, 13 vol. 211.
—Chief Justice Pratt asserts the same Rule in
Layer's Case, 16 vol. 246.— Rule of the Civil
Law respecting the limits of the examination
into the Character of Witnesses, 7 vol. 1484,
—By the law of Scotland, infamy of Chs^racter
disqualifies a Witness, but he must be shown
to be infamous by a legal conviction of some
crime inferring infamy, 12 vol, 551 (note).—
Instance of the allowance of Evidence in
support of the Character of a Witness after his
credibility had been impeached by Evidepcc
on the other side, Murphy's Case, 19 vol. 724.
—Mr. Justice BuUer says iu De La Motte's
Case, that the proper question to be put to a
Witness, who is called to impeach the veracity
of another Witness on the ground of bad
Character, is, whether from his knowledge of
bis general Character, he considers him as
deserving belief upon his Oath, 81 vol. 811.—
See the form of the question in Watson's Case.
32 vol. 495. >
CHARITIES.— See flcwd/ey, WUliam,
Indictment against a Clergyman for collect-
ing Money for Charities without being
authorized hy Letters Patent or Briefs, 15 vol.
1409.— Sir Littleton Powis's Account of thp
Trial of this Indictment, ibid. 1414.— His Ac-
count of the Arguments of Counsel, and his
own Opinions on the Offence, as expressed by
him in his Charge to the Jury, ibid. 1415.
CHARTERS.^8ee Corpwatum$ London,
tity of,
Roger North's Account and Vindication of
the Proceedings respecting the Surrender and
Seizure of Charters in the Heign of Charles the
Second, 8 vol. 1041 (note).
CHEAT.^See Hathaway, Riehard.
Lord Holt'5 Definition of a Cheat, 14 vol.
^*4- — Porra of a Criminal Information against '
a Man for a Cheat in pretendipg to be bewitched,
ibid. 641 (note). ^>
CHIEF JUSTICES.
It was resolved by all the Judges in J^rd
mortey'i Case, that the Chief Justices were to
wei^r t^eiF Colkir« of $^, i^ the C^uft of ti|9
I^ord High Sltf>^ar4 pn the Trial ^ % fe^^ 9
CmVAtRY,CQUIlT OF.--See fl^a, Aw^
Blackstone's Aeeount of the Qouft of Cbi^
valry, 3 vol. 483 (note).
CHRONICLES.
Lord Coke sa^s that Chrppicle I^w is not to
be regarded, 3 vol. 953.
CHURCH.r>See Sheffield^ Henry.
Acta and Canons respectiqg th^ repiiiriBg
and internal arrangement of Churches, ^ y^\,
53d.-^ContrQversy between the Bishopa 91^4
the Presbyterian! at ^he ReatQrativkntTespe^t^pi;
th§ Keforots^tioQ of the ChnrfiJ^, ^ vpl, t.
CINQUE PORTS.^^e |r«irti^i; ^i^
Account of an aqcient GostQiQiury q( the
Cinque Ports^ IT vol. 849.
CLARENDON.
Articles of the Copstitutiops of Cl^re^^oPy
Z vol. 546,
Ignorance of |he Clergy in gucient tjnaf^j |2
vol, 632 (note).-^]VIr. Barrington dou^t^ wh%.
the? the Parochial Clergy could read m th^
Reign pf Edward the First, ibidt §§^ (ePts)?
CLERGY, BENEFIT OF.
It was resolved by all the Judges \n Lord
Castlehaven's Case, that if a Prisoner stood
mute on his Trial for Rape or Sodomy, he w^s
entitled to his Clergy, 3 vol. 402,-^The Reasop
of this RjBSolution, jbid. ib. (note).— The Law
in this respect was altered by the Statute 3
and 4 Wil). and Mary, c. 9^ ibfd. 4Q3 (note).—
It was also resolved in Lord Casdehaveq's
Case, that if a Prisoner, instead of pleading,
prayed the Benefit of Clergy, this amounted to
a Confession, ibid, 4Q3,^r-Women were nev^r
entitled to Benefit of Clergy, 6 vol. 281,2Qvoj.
6?6. — ^Statutes extending a similar Privilege to
Benefit of Clergy to Woinen, vol. 281 (note),
20 ?ol. 631. — It appears that anciently Nuns
profipssed were admitted to the Benefit of j
Clergy, 6 vpl. 282 (note).— Reference to varioi|s '
Cases and authorities respecting Benefit of
Clergy, 12 vol. 631 (note).--Mr. Barrington's
Observations thereon, ibid. ib. — Phief Justice
Kelyng fiues a Clergyman for ni.a)f:ing ^a un-
true Report respecting the reading of a con-
victed Felop praying bis Clergy, Ibid. 683.—
By Stat. 5 Ann. c, 6. the Benefit of Clergy
shall be allowed to all who .^re entitled to ^k
it, without requiring them tp read, ibid. 634
(note).— Discussions ^n the effect of4lhf «Hov-
auce of Clergy to a peruon coovicted of Frfoey ■
CgM!Wȴ.!i
?IfE STATP TRJAXa
167
i«j. lQD^..T-vl^ief.Jja|tice Treby's Obsery^tipns
pB tb» Prigin and bistpry of the Bepefit of
Ckrgy, ii» delivfifipg tb^ opinion of t^e Judges
in ti»Q fCp« pf Lord Warwick, ibig. lOloT—
Vr. Q^rriDgtop says tbat the Du^e of Somerset's
Ca$9 i|s the only jin^taoce he found of ^
CrijviinM's not praying' tbfs Benefit of Clergy,
ibid. 1032 (note). — Voltaire's Remarks upon
tbe B«i)$fit of JD)ergy, 20 vol. 650 (npte).— R^-
iDaH^ OP the ^t^t|aes giving tfie Privilege of
Ciergy to Peers, in the Argument of the At-
torney G^f^^ral (Thuriow) ii^ th^ pughess of
Eiqgslo^'s Case, ibid. 637.— Biscnssipn of t^e
Question ^hethj^ a Repress i^ within those
S^tltt^9> ibid, ib.— Qpin^pn of th^ Judges that
I BeeT»99 W entitled tP the i\i\l b^p/jfit of tho§e
CLERGYMEN.
Jirgmf^isn% th^i it i^ p^mfi^l for Pl^rj^ymen tp
bi^t, ^ yoi. ll^.T-^elm^'s Ar^umeDt ^n
fvppori of a cpntr4|ry Poctrine in his Answer
tp the Apology for A^chbishqp Abbot, ibid.
1171. — Clergymj^p p^ay be pmpelled by the
King tp ^Ve arms^ if \t l^e nepessary for the
Defence pf tlie Realm, 3 vo|. 939' — Proceed-
ings of the Commissioneri; appoipted by Oliver
CfOfpwell for ejecting scandalous and in^u$-
gien^ Clergymen, 5 vol. 539,633. — Account of
the Prpceedings pn the Degradation of a Cler-
gyinan in the Rieign of James the Second, 11
Vo|. ^^5!^. — for other Ii^stances of the Pegr^da-
tion pf Cl^rgyix^eny see l vol. iJU ^bid. 0O4>
HU
CLERK OF THE CUSTODIES.
letters Patent making ^ gppointm^pt to
this Office, 16 vol. «44.
C?OIN.— See Mo^*
COLONY.
Di^linptiop between ^ Colony and a pop-
qfiere4 Country as to th^ right pf the I^ing to
ipalp new f^lfs for, or impose Taxes upop the
Inhabitants; 2p vol. 326.-r-Mr. Nolan*^ Ar^u-
mept ip Goyprno): Pipton's Ca^e^ that the Kipg
paniu^^ IpajcQ or continue Laws ip a Cplpny or
QQA^pefed Cpuptryi^hiph are inconsistent with
the ^indapi^ntal laws of Great Britain. 30 vqI.
^^d.-'-ColoniaTOovernments are iostifpted by
Ch^ter Of by Con^ni^sion, ibid. 937.
COMBAT.— See Battle.
OOMMISSIOM OF LOANS.
I^ropeedings ip the Court of Kipg's Benphon
a Habeas Corpus broug[ht by oir Thomas
jbam^ll and others for refusing to lepd upon
jlhe Commission of Loans, ^ yo). 1.
COMMISSIONS.
CoipmissipD of Aichard the Secopd to the
Cl^unqi pf Thirteen, 1 yql. ;i5.— Cpmpiission
from Pope Glpm^Pl the Pev^plh t9 Cardinals
WoiMjr »94 C9mpiiiH9 Ui Uy tbe jrjijdii/ of
the IVf^rrfage of JJenry the pighti and Qneen
Catherine Howard, ibid. 317^ — Commission ap-
pointed hy Edward the Sixth tq receive Bishop
Banner's renunciation of Popery, ibid. 631. —
Commission issued by Queen Elizabeth for the
Ex^imination and Trial of Mary Queen of
Scots, ibid. 1166. — Commission for the Execu-
tion of Mary Queen of Scots, ibid. 1202. — Lil-
burn's Argument agi^iinst extraordinary Com-
missions of Oyer and Terminer, 4 vol.' 1275. —
Alteration of the st^le of Con^missions during
the Commonwealth on the assjimption of the
Pr9tectorate by Cromwell, 5 vol. 480 (note). —
Coniroissipns are determined by the death of
the ting who grapts them. 6yol. 12t. — Eccle-
siastical Commissiop in me Reign of James
the Second, 11 vql. ^143.— Sir Robert Atkyns's
Argument against it, ibid. 1148 (note). — Roger
Cokeys Remark on the incopsistency of the
form of this Commission, 12 vol. 26 (note).—
The Ecclesiastical Coipmission e:|ercised a
Jurisdiction in ca^ises matrimonial, 11 vol.
(144 (note). — Fo^ms of Commissions to Masi
ter^ in Chancery in the Reigns of Edward the
Sixth and George the First, 16 vol. 831, 633,
835.rr-Comraission fropi Queen Elizabeth to
Lord Burleigh for the manumission of certain
Villeins, 20 vol. 1371. — Special Commission of
Oyer and Terminer under the Stat. 7 Ann. c.
21, to try High Treason committed in Scot-
land, 23 vol. 1167. — It was resolved in San-
quhar's Case, that Commissioners of Oyer and
Terminer and Goal Delivery could pot, by the
poinmon Law, sit during Terni in the same
County with the iCourt of King's Bench, 2 vol.
759. — A Tales cannot be i^ranted under a Com-
iplssion of Gaol Delivery, 13 vol. 322, 326^ 18
yplt 863.— Difference in the Practice respect-
ing the 'Jury Process, under Compoissions of
Gaol Delivery, and of Oyer and Terminer, 13
vol. 326.--rBy the worps of their Commie-
sion, Justices pf Oyer and Terminer may
inquire by other ways and means than by In-
di9tment, |0 vol. 1357. — Qn Special Commis-
sions of Oyer and Terminer it is not the prac-
tice to return the Depositions taken before the
oon^mitting Magistrates, 26 voU 1192.
COMMISSIONS OF HIGH STEWARDS,
Commission to Edward, Earl of Clarendon,
to bf High Steward on the Trial pf Lord
Morley for Murder, 6 vol. 772. — Commission
to Heneage, Lord Finch, for the Trial of the
Earl of Stafford and the other Popish Lords, 7
vol. 1291.— To Thomas, Marquis of Carmar-
then, for the Trial of Charles, Lord Mohun, for
Murder, 12 vol. 953.— To Lord Chancellor
Somers for ^he Trial of the Earl qf Warwick
and Lord Mohun fpr Murder, 13 yol. 940.— To
Lord Chancellor Cowper for tbe Trial of the
Earl of Dervyentwater, and the other Lords
concerned in the Rebellion of 1715, 15 vol.
777. — To Lord Chancellor Cowper for the
Trial of Robert, Earl of Oxford, on his Im-
peachment for IJigh Treason, 15 vol. 1050.—
To Philip, Lord Hardwiicke, for the Trial pf the
Eftr) pf KilwiU^i^Qci ^n4 tb$ Q^W l^ordf 900*
168
GENERAL INDEX TO
[M18CBU14
remed in the Rebellion of 1745, 18 vol. 449.—
To Lord Hardwicke for the Trial of Simon
Fraser, Lord Lovat, ibid. 541. — To Lord
Keeper Henley for the Trial of Earl Ferrers for
Murder, 19 vol. 887.— To Lord Chancellor
Northington for the Trial of Lord Byron for
Murder, ibid. 1178.— To Lord Chancellor
Bathurst for the Trial of the Duchess of King-
ston for Bigamy, 20 vol. 358.
COMMITMENT.
Argument of Serjeant Bramston for Sir
John Heyeningham against the validity of a
Commitment under the hands of two L^rds of
the Council, by the Special Command of the
King, without stating a Cause of Imprison-
ment, 3' vol. 6w — Mr. Noye's Argument against
a similar Commitment in the Case of Sir Walter
Ea'-l, ibid. 11. — Mr.Selden's Argument against
a similar Commitment in the Case of Sir
lidmund Hampden, ibid. 16.— Mr.Calthrop's
Argument against a similar Commitment in the
Case of Sir John Corbet, ibid. 19. — Argument
of the Attorney General (Heath) in Support of
the Commitments, ibid. 30. — ^Judgment of the
Court of King's Bench in favour of the Com-
mitments, ibid. 51. — Mr.Selden's Argument
in the House of Commons in the Debate pre-
vious to the Petition of Rights against the
legality of Commitments without a specified
Cause, ibid. 78.— Mr. Littleton's Argument
against such Commitments at a Conference
between the two Houses of Parliament, ibid.
85.- Mr. Selden's Argument on the same
occasion, ibid. 94. — Sir Edward Coke's Argu-
ment on the same occasion, ibid. 126. — Objec-
tions to these Arguments made by the Attorney
General (Heath) before a Committer of both
Houses of Parliament, ibid. 133. — Serjeant
Ashley's Argument in support of the Commit-
ments, ibid. 148. — Mr. Littleton's Argument in
the Case of William Strbud against Commit-
ments by the Privy Council and the King for
Contempts and Sedition generally, ibid. 252. —
Mr. Selaen's Argument in his own Case against
similar Commitments, ibid. 264. —Argument of
the Attorney General (Heath) in favour of the
Commitments, ibid 280. — ^Arguments in the
Earl of Shaftsbury's Case against a Commitment
by the House of Lords for Contempts generally,
6 vol. 1276. — Arguments in favour of the Com-
mitment, ibid. 1290.— The Court of King's
Bench give Judgment in favour of the Com-
mitment, ibid. 1296. — General Reference to
Pamphlets and Treatises on the subject of the
power of the House of Commons to commit
for Breach of Privilege, 8 vol. 13.— Reports of
a Select Co<nmitiee of the House of Commons
appointed to consider of the Proceedings re-
specting the Commitment of Sir Francis Bur-
dett for publishing a Libel upon the House,
ibid. 14, 21.— Instances of the Claim and Re-
cot^nition of the power of the House of Com-
mons to commit for Breach of Privilege, ibid.
27.— Judgment of the Court of Common Pleas
in Crosby's Case affirming this power, 19 vol.
1146.— Precedents of Commitments by the
House of Commons for Publications and
Speeches reflecting on the Proceedings of the
House, 8 vol. 23. — Argument of Mr. CliflTord
in the Court of King's Bench in Flower's Case
against the power of the House of Lords to
commit any person not an QjSBcer of the House
for a Contempt committed out of the House,'
ibid. 1027. — Judgment of the Court affinning
this power in the House, ibid, 1062.— Refer-
ence to Cases on the Question whether the
legality of a Commitment by either House of
Parliament can be questioned in a Court of
Law, 13 vof. 1371 (note). — A Commitment by
a House of Parliament said to be a Commit-
ment in Execution, 27 vol. 1065. — In the Case
of Captain Streater, the Court of King's Bench
held that they had no power to discharge a
Prisoner committed by an Order of Parlianient,
5 vol. 365.— Argument of Sir Bartholomew
Shower in the Case of Kendall and Roe against
the power of a Secretary of State to commit for
Treason or Felony, 12 vol. 1359. — Lord Holt
seems to have been of opinion that a Secretary
of State had such a power, ibid. 1367, 1376.
— Lord Camden's Observations on Lord Holt's
Opinion upon this Subject, 19 vol. 1058.—
Report of the Case of the Queen against
Derby, in which the Court of King's Bench
expressly decided that a Secretary of State
has power to commit for a seditious Libel,
ibid. 1014. — It has been doubted whether the
Lord Chancellor or Lord Keeper has a power
of Commitment except in a Court of Equity,
12 vol. 1361. — Lord Coke says that a lawful
Commitment must either be when the Offence
appears upon Record, as a Capias upon an
Indictment, or when it appears on Oath that
the Offence has been committed, ibid. 1364.—
Lord Camden says, in his Judgment in-Wilkes's
Case, that a Magistrate ought not tocommitupon
his own knowledge that an Offence has been
committed, without an Information upon Oath,
19 vol. 988. — It is unnecessary to set forth
in a Warrant of Commitment the Information
or Evidence on which it was granted, but the
species of the Offence charged must appear
upon it, Wilkes's Case, ibid. ib. — See also ibid.
1016 (note). — In a warrant of Commitment for
writing a seditious Libel, the libel itself need
not be set out, Wilkes's Case, ibid. 988.— Of
the power of Courts of Justice to commit for
Contempts, 8 vol. 34. — Cases of Commiiments
for Contempts in Courts of Justice, ibid. 49.
— Mr. Erskine's Opinion on Commitments by
Courts of Justice for Contempts contained in a
Letter to a Gentleman of the Bar in Ireland, 8
vol. 83, 27 vol. 1019.— Mr. Fox's Answer to
certain Queries proposed to him by Mr. Perry,
\ the Editor of the Morning Chronicle, upon this
I subject, 8 vol. 89. — Mr. Eralyn's Remarks
[ upon Commitments and upon the Remedies
; provided by the Law ot England for illegal
j Imprisonment, Em. Pref. 1 vol. xxvi. — LHsciis-
sion in the Case of the Seven Bishops, respect*
I ing the validity of a Commitment made by the
; Lords of the Privy Council, but not stated in
I the Warrant to be made in CouncO, 12 vol. 20€.
C0NTBKT8.3
THE STATE TRIALS.
I6d
COMMON LAW.
The Judges have no power or authority to
alter the Common Law, 6 vol. 1095, 1116.
— A general immemorial usage, not incon-
sistent with any Statute, is part of the Common
Law, 18 vol. 1331.
COMMON-PRAYER BOOK.
Account of the Composition of the Common-
Prayer Book, 1 vol. 640.— Act of Parliament
establishing the same, ibid. ib. — Discussions
respecting it at the Hampton Court Confer-
ence, 2 vol. 72. — Discussions respecting it
between the Church of England and Presby-
terian Commissioners at the Conference in the
Savoy at the Restoration, 6 vol. 28.
COMMONS.— See Hotae of Comnum.
COMPARISON OF HANDS.
Evidence of hand-writing by a Comparison
of writings is not admissible, 9 vol. 864 (note).
—The Evidence of hand-writing in Sidney's
Case was not entirely by Comparison of Writ-
ings, ibid. ib. — Discussion of Evidence of this
kind in the Case of the Seven Bishops, 12 vol.
296. — In that Case the Court were divided in
their opinions respecting the admissibility of
such Evidence, ibid. 305. — Lord Eldon's Re-
marks on this subject, in his Judgment in the
Case of Eagleton v. Kingston, ibid. 305 (note).
COMPASSING THE KING'S DEATH.
See Treason,
Mr. Luders's Illustration of the probable
meaning of the words Compaissing and Imagin-
ing in the Statute of Treasons, 7 vol. 961
(note). — On th^ Trial of Thomas Howard,
Duke of Norfolk, the Attorney General con-
tends, that an attempt to marry a Person
claiming a present title to the Crown, ad-
Tersely to the reigning Sovereign, is an overt
act of compassing the Death of that Sovereign,
1 vol. 1003. — Opinion of the two Chief Jus-
tices and the Chief Baron, on the Trial of the
Earls of Essex and Southampton in the House
of Lords, that when a Subject attempts to put
himself into such force that the King may not
be able to resist him, and thus to compel the
King to govern otherwise than he wishes, it is
a compassing the Death of the King, ibid.
1355. They also gave it as their Opinion,
that the law intends the compassing the Death- 1
and Deprivation of the King as a necessary |
consequence of a Rebellion against his au-
thority, as foreseeing that a Rebel will not
suffer him to live who might punish his Trea-
son, ibid. ib« — On the Arraignment of Sir
Christopher Blunt and others, Chief Justice
Popham declared, that if a Subject attempts
forcibly- to overrule the Royal will, the law
intends his compassing the Death of the
King, judging not of the fact by the intent,
but of the intent by the fact, ibid. 1410, and
ibid. 1417 (note).-^By the Law of Nations, if
an Ambassador compass the Death of the
King in whose Country he is, it is Treason,
2 vol. 881. — An attempt to imprison the King^
though his Death be not intended, is High
Treason in the Article of compassing his
Death, Williams's Case, ibid. 1087.— On the
Trial of Sindercome for Treason against the
Protector, the Court held, that compassing
the Death of the Chief Magistrate, by what*
soever name he is called, is High Treason, 5
vol. 848. — It was resolved at a Meeting of the
Judges in 1663, that a Conspiracy to levy
War, though no War be actually levied, is an
overt act of compassing the King's Death
within the Statute of Treasons, ibid. 984.—
In Layer's Case this was said to have been
decided a hundred times, 16 vol. 312. — In Sir
Henry Vane's Case the Court held that the
consultation and advising together of the
means of destroying the King and Govern-
ment, is an overt act of compassing the
King's Death, 6 vol. 122.— The same point
was resolved at a Meeting of the Judges in
Tonge's Case, ibid. 225 (note). — 'The Court
hold in Sir WUiiam Parkyns's Case, that a
Conspiracy to invade the Realm, or to depose
the King, are overt acts of High Treason in
the Article of compassing the King's Death,
13 vol. 110, 113. — See also the language of
Lord Holt in Freind's Case, ibid. 61; and
of Chief Justice Eyre in Home Tooke's Case,
25 vol. 725.— Lord Ellenborough adopts this
Doctrine as undoubted law in Watson^ Case,
32 vol. 579. — Lord Mansfield says, in Dr.
Hensey's Case, that levying War is an overt
act of compassing the Death of the King, 19
vol. 1344. — Mr. Justice Foster says, that every
Conspiracy to levy War for the purpose of
dethroning or imprisoning the King, or to
oblige him to alter his measures of Govern-
ment, or to remove evil CouncillorS| is an
overt act of compassing the King's Death,
21 vol. 490. — Mr. Justice Buller says in De
la Motte's Case, that the sending intelligence,
or collecting intelligence for the purpose of
sending it to an Enemy, for the purpose of
enabling them to annoy us, or defend them-
selves, is an overt act of compassing the
King's Death, ibid. 808.— Mr. Erskine's Argu-
ment, in his Defence of Hardy, on the nature
of the Offence of compassing the King's
Death, 24 vol. 894.
CONFERENCE.
Proceedings in a Conference of Divines at
Hampton Court, in 1604, summoned by James
the First to discuss certain Reformations of the
Church, 2 vol. 69. — Proceedings at a Con-
ference in the Savoy, at the Restoration, be-
tween the Clergy of the Church of England
and the Presbyterians, respecting a Review of
the Liturgy, 6 vol. 1.
CONFESSION.
On the Trial of Babington and others for
High Treason in 1586; the Case for the Pfose-
ivd
GBFE&AL
eutioii vai provtd ia detail, though tht
Pmoners comeysed the*lDdictiQent by p)ead-
ilig Guilty, 1 vol. 1187.—- The ConfessioQ of a
CQuicied Tnutor, implicating another penoo
in biff Guilt, read in Byidence against the
latter on his Trial for the same Treason, ibid.
1146.— In Sir Cbi'istopher Blont's Case, the
pourt frould not permit the Prisoners to con-
fess a part of the Indictment and plead Wot
G^iltyto the residue, ibid. 1^10, 1417.— It
ivas resolved by all the Judges In Tonge's
Case, that if a person before a Privy Counsel-
lor or |i Justice of the Peace confesses Trea-
son, and afterwards at his Trial denies it, it
will be suiScient at his Trial to prove his Con-
fession by two Witnesses, without any proof
of the actual Comi^aission of the Treasons
charged, the Confession being within the exr
ception in th^ Statute of Bdward the Siith,
requiring two Witnesses to Pfove the actual
Treason, 6 vol. 227 (note).rr-The Judges ^Iso
held, that a Confession before a Priyy Counr
sellor. though he l)e not a Justice of the Peace,
b within the meaning of that Statute, ibi4*
828 (note).^But the Court, jn Willis's Case,
doubted whether ^videoce of a Confession
would supply the want of two Witnesses re-
quired by the Stat. 7 Will. 3, to every oyert
act of Treason, though they tbopght that such
Evidence is admissible in coofirniation of
them, 15 vol. 623. See Mr. Justice Foster's
doubt upon this point in Berwipl^'s Case^
18 vol. 369. — Chief Justice Eyre says in
Crossfield^ Case, that there U no rule of
Law making it imperative on the Prose-
cutor to prove an overt act by two Witnesses
before Evidence of a Confession c^n be ad-
mitted. 26 vol. 4»7. — A Confession by a Pri-
soner pefbre the Privy Council re(ince4 into
writing, but not read over to him, nor signed
by him, cannot be given in Evidence against
him as a Writing, Layer's Case, 16 vpl. 214--;:t^
But a person who took Minutes of the Exan^i-
naliop before the Council, may prove the Coq-
fession by Parql, and refresh his memory by
the MiniUes, ibid, ib.— It seems not to be
necessary that tl^e Corpus Delicti should be
proved befojre Evidence of a Confession is
• admitted, 26 vol. 57.-T-Eeasons for receiving
Evidence of (Confessions in arimina) mattpfs
with Caution, ibid. 108.— Opinions of Blac^-
stooe and Foster respecting Confessipps as
proving^ Crimes, ibid. 111. — Argument that
by the Law of Sicotland a Confessioo elicited
by a promjse of Pardoq is only a conditional
aiid qualified Confession, and cannot be used
against the Prisoner unless the Condition i^
performed, 6 vol. 1250. — It seems, that by thq
Scotch Law, ^ Confession of Guilt cannot b^
given in Evidence against a Prisoner, unless i^
has been subscribed by him, and m^de b^for^
a competent Tribunal, 10 vol. 785.
CONFIRMATION.
Discussion respecting Confirmation as ^
Cereift9Py pf the Church pf ^ngian^ at th^
Lprd Coke say^, ^l>at it ^ly^ renqtffi^ J?y all
the Judges in Calvin's Ca^e pat |f ^ m^^
come to a ^ngdom by Conquest, be n)iy alter
the I^vj of that kingdom, s^ that }^ti%jit\i
makes the alteration the ancient Lawe of the
Kingdom remain; but if he come to the
Kingdom by descent; k^ canno^ ^er the
laws without the consent of Parliament, 20
vol. 336. — Lord if ansfi^eld adopts ibis Reso-
lution as law in giving the Judgment of the
Court in the Case of the Island of Grenada,
ibid. 320. — Difference between a cpoquered
Country and a Colony, with respect tq the
power of the King to make new Laws or im-
pose Taxes upon the inhabitants^ ibid. 326.«-*
Discussion respecting the power of the |Ung
to impose Taxes on a conanered Country, ibid.
239d — Mr. Baron Maseres^ Doubts reapefiting
the Doctrine laid down by Lord Mansfield in
the Case of the Island of Grenada, ibid. 333.
— A]^ument that ^ f^^T of a iCojiptiy c^iigi^r-
ed by Great Britain, Tyhicji {s i^l4.if» »^ le^
instantly ceases ppon the Conquest, 30 voL
741. — Mr. Nolan's Argunient l|i Goyernof
t^icton's Case ag^in^t the pQwer of the ^ing
9f Great Britain to Rake o^ cpiitinpje I^ws ia
^, conquered Conntry ^hic)} are incppsistjei^^
i^it}^ the fundan^eot^ L^w^ of England, ibid.
^99. ■ ' T
CONSERVATORS QF THP PSAP)?,
The power of Consei'vators of the Peace at
Common Law was very short of the authority
of Justices of the Peace at present^ 12 vol.
1376 (no^e). — Discus3ion whether a Secre-
tary of State is a Copserv^tof qf t|)e Peece |t
Comnjon Law, 19' vp}. iQlgTip??.— Ii?d
Cap^den del)y e|r^ the Judgment of' the Coi^rt
of pommon Pleas in theC^se of £ntick^a4
Carrington in the negatiye^ ibi4. 1P48.
PPWSPIR4.CY.
If several persons conspire \f> cpmigil a
crime in one manner, and ^oi|ie qjf tliein, in
fact, execute it in another, yet tli^ act of the
latter, though differei)^ in manper, is t|ie 9ft
of all who conspire, by reasop of the general
malice of the inteni, per Pppltam d, J. ii^ Sir
Phristopher JQlunt^s Case. 1 vql. 1412.— :A
Cpnspiracy may be thp subject of an Indict-
ment Of Action, (jio^gh i( does not take effect,
10 vpl. 1344* — ^4p ^ct 4one by que pf s^ver^l
parties to ^ Cqnspiracy p)^y be given in Eyi-
depce for the Prosecution on th^ fmi of
another pfirty to the Conspiracy, for the jp9r-
pose qf proving a qrcumstanpo in the Coo-
spiracy, bqt not tp affect the person on his
Tris^l criminally lyith tj^t Act, i}ar4y> C^s^y
24 vol. 438.>-In 9\\ c^es pf general tpn*
spiracy, ^here many Agents are epaployed,
the acts of those Agents m^f be givei^ ;f^ ffVi-
dence on the Tri^l of ^ person for heiqg &
party tq the Conspiracy, in qrder (p snow its
gdperai nature fin4 Objects, Qprne jmff^
Paw, ?« fPlt W*-A C9^mt^][ fo. tW
THE S<PATE TRIALS.
in
War is oot Treason in Iteelf, but a Conspiracy
|p dfi{iQSf or kill th& Ki^g^ Of to |n)prison or
^\ aqj^'r^trfiint uppi^ ^|m l^y levying War i^
^ overt ac( or comp^i^iDg t]^e King's Deat^,
£r *Jol)fi i'rm^'s Case, 13 vo). 61, 11Q> i^'
^Se^ ^so Chief Justice Eyre's Charge to* the
pf^D4 •^H^y Fevipws IP tfee Tf rials of flar4y
and Hori^e Took% ^%\ yql. ^03.rrA^<p6?^(
Ugaimii this ^ctriuei 9 vol. 698.
CONSTABLE.— See Arrest, Warrant,
Constables having a legal Warrant to arrest
for a t)irf»aph of the Pe^ce, inay break open
Doors after l^a^ng demanded admission and
given i^otice of their Warrant, 15 vol. 744
(no^e). — ^And if they are afterwards resisted
imd ]ulled| it is Mufderi ibid. ib.
CONSTIXUTIPfJAJi SOCIETY.
Sir John Scott's Account of the Origin and
Proceedings of the Qpi^stitptional Society in
his Speech for the Frosecution on the Trial of
Home TodsB, 25 vol. 3?,r-Evidenee on that
Tfialf iffispectiBg the nature and objects of the
Soeieiy, ibid. 82^.
CONSTITUTION OP ENGLAND.
Remarks upon the limits within which the
pow«r of the tDrown was confined during the
early part of the History of England, 22 vol.
448(note).
CQNSTaUCTlVE TREASON.
Lord Strafibrd's Observations in his Defence
i^ainst Constructive Treason, 3 vol. 1466. —
Mr. Luders's Strictures upon the Doctrine of
Constructive Levying Wa^, as laid down in
the Cases of Messenger, and of Dammaree
and Purchase, 6 vol.902 (note), 15 vol. 522
(noteV — Mr. Erikine*s Argument against Con-
struetive ^reason in his Defence of Hardy, 24
vol. 87f. — Mr. Wetherell's allusion to the
Cases establishing the Doctrine of Construc-
tive licvying War. in his Defence of Watson,
82 vol. 431.— See also the Arguments of Mr.
Cross an J Mr. Denman, in Defence of Brand-
reth on his rfrial for High Treason, ibid. 865,
889.
CONTEMPT.-^ee CommUment.
Of the power of Courts of Justice to com-
nuit for Contempts, 8 vol. 34 (note).— Prece-.
4ents of sucti Commitments, ibid. 49.— Mr.
£rs]cine's Opinion on Commitments by Courts
of Justice for Contempts, 'in a Letter to a
Gentleman of the Bar in Ireland, 27 vol.
1019. — Argument of Mr. Cliflford, in Flower'i^
* Case, against the power of the House of Lord^
to commit a person, not ati Officer of the
House^ for a Contempt committed out of the
Hopsf, ibid. 1027.— Proceedings in the Star
Chamber against Mr. Whitelocke for a Con-
^pipt in giving a professional Opinion against
t^e King's Prerogative, 2 vol. 765. — ^Proceedr
IBM against th^ Countess of Shrewsbury for
ft uoiiiWpt HI r^fosing to answer iMlf b^for^
the Privy Council, ev to subscribe her Exami-
nation, ibid. 769.— The Court fine the Editor
of the Observer Newspaper 5662. for a Con-
tempt in publishing the Proceedin|s on the
Trial of Thistlewood and others 'for kigh
Treason, in contravention of an Order of the
Court, 33 vol. 1564. '
CQNTft4 PAQPf.
l^egal sigmfication qf the words Contca
Pacem, 19 vol. 1107. *
CONVOCATION.'
Opinions of the Judges, and the Attorney
and Solicitor General in the ^eign of ^ueen
Anne respecting the power of Courts of Con-
vocation, without a licence from the Crown,
to cite persons before them ibr Heresy, 15 vol.
COPY OF INOJCTMENTj
Chief Justice JefTeries says, in Rosewell's
Cas^, that t|ie Court fiave U|f po^^r, |t pom-
mon Law^ of granting a uopy of an Indict-
ment to a Prisoner in capital Cases, upon
reasonable cause being shown, IQ vol. 866. —
A Copy of the Indictment was cefoaed oy tM
Court in Fitzharris'sCase, 8 vol 262..— rQpinion
of Lord Chipf Justice North, Barop Thurland,
and Levinz, Attorney General, in the House of
Lords, in the Case of the Five Popish Lords,
that no Prisoner indicted for a capital Ofence
can have a Copy of the Indictment except
by leave of the Court, 7 vol. 1 243.-r-The Stat. 7
Anne, c. 21, sec. 11, allowing a Copy of the
Indictment to persons a^ciised of Treason, or
Misprision of Treason, 10 vol. 268 (note).-^It
was said by Lord Holt to bp a settled point at
Common Law that no Prisoner for Treason
or Felony could have a Copy of the Indict-
ment, or Counsel to assist him in his Defence,
12 vol. 660, 1382.-:-By the Stat. T Will. 3,
c. 3, a party indicted for High Treason is
entitled to a Copy of the Indictment ten days
before his Arraignment, 21 vol. 648.<rTln the
Case of Charnock, King, and Keyes, whose
Trial for Hig|i Treason took place aliter tbe
passing of the Statute of William the Third,
and before the day on which it was to eon^e
into operation, a Copy of the Indiotm^t was
deniea by the Court, 12 vol. 1381.
COPY QF JURY PANEL, AND WST OF
^ ' ' WIT NESSE3.
Stat. 7 Anne, c. 21. sec. 11, aM(hori?(ipg tl^e
delivery of a Copy ot the Ji^ry P^R^l, ap4 a
List of the Witnesses fpr the Prosecution, to
persQi)s accused of jr^^^on or Misprj^ipn pf
Treasoi?, 10 vol, J263 (note).-«-Th^ Copy of
the Jury Panel requife4.l5y ^^^ ^\^^* 9^ Will.
3 to be delivered to persons accused of High
Treason, m^y be 4elivered before the return of
the Venire facias, Rookwood^s Case, 1 3 vol. 152.
CO&QIIATION.
Edward the Third acted as King ^fore hii
172
GENERAL INDEX TO
[Hl80ELli«
Coronation^ 1 vol. 49.— Lord Coke, in Calvin's
Case, says, that Coronation is merely a solem-
nization of the descent of the Crown, and
conveys no power to the King which he had
not before^ 2 vol. 626. '
CORONER.
It was formerly a part of the Coroner's duty
to summon a Jury where a person had been
desperately wounded, 16 vol. 27 (note). — Mr.
Barrington's Observations upon the object of
imposing this duty on the Coroner, ibid. ib. —
As to the admissibility in Evidence of Exami-
nations taken before a Coroner, see the Reso-
lutions of the Judges in Lord Morley's Case,
6 vol. 770.
CORONOCH.
Account of the two kinds of Coronoch in
the Highlands of Scotland, 14 vol. 367. — Mr.
Scott's Account of the Coronoch, 18 vol. 714.
CORPORATION.— See Hastings^New
Romney,
Arguments of Counsel in the Case of the
Quo Warranto against the City of London on
the Question whether a Corporation can be
forfeited by Misuser, 8 vol. 1087, 1101, 1155,
1240. — Argument that a Corporation cannot
commit a capital Crime, or any Crime against
the Peace, ibid. 1137. — Remarks on the ques-
tion whether a Corporation can be surrendered,
ibid. 1283. — Mr. Kyd's Account of the legal
meaning and nature of a Corporation, ibid.
1102 (note). — His Account of the sense in
which a Corporation is said to be immortal,
ibid. 1104 (note). — Account of the various
Proceedings against Corporations at the end
of the Reign of Charles the Second, 10 vol.
29 (note). — It was said in the Great Case of
Ashby and White to be usual and proper that
Corporations should have interests granted to
them which enure to the advantage of the
Members in their private capacities, 14 vol.
783. — It was decided in Milward v. Thatcher,
that where a person, being in possession of a
corporate OfiSce, accepts another Office incom-
patible with it, the former Office becomes
vacant, 17 vol. 845 (note).
CORPUS DELICTI.
It seems not to be necessary by the law of
England that the Corpus delicti should^ in
criminal Cases, be fully proved before Evidence
of a Confession is admitted, 26 vol. 57. — By
the civil law, the Corpus delicti must be proved
by positive Testimony before presumptive Evi-
dence can be admitted to ascertain the Offender,
14 vol. 1229, ibid. 1246.
CORRUPTION OF BLOOD.
Mr. Cruise's Summary of the effects of the
Corruption of Blood on the descent of Dig-
nities, 19 vol. 98Q. ,
COSTS
The disproportion of the Costs recovered in
Civil Suits by the Law of England to those
actually incurred complained of by Mr. £mlyn,
Em. Pref. 1 vol. xxi v.— Instance of the House
of Commons ordering one of their Members,
who had made a groundless Charge of a Breach
of Privilege, to pay the accused person the
Costs of his attendance upon the House, 14
vol. 749 (note).
COVENANTERS.
Wod row's Account of the Prosecutions of
them during the latter part of the Reign of
Charles the Second, 10 vol. 851 (note). — Lord
Fountainbairs Account of the Prosecution of
several of them, ibid. 877 (note). See CargiU,
Donald — Hackstoun, David-^Semple, Johnn-^
Skene, James^Lanerkshire Men,
COUNSEL.
Collections of State Trials said to be useful
in doing justice to the memory of eminent
Counsel, Em. Pref. 1 vol. xxiii,— Thomas
Howard, Duke of Norfolk, was refused the
assistance of Counsel on his Trial for High
Treason, ibid. 966. — In the Case of Chamoclj,
King, and Keyes, Lord Holt says, that it was
the invariable practice at Common Law to
refuse Counsel to Prisoners in Cases of Trea-
son, 12 vol. 1382.— By the Stat, 7 Will. 3, c.
3, a person accused of High Treason is en-
titled to a full Defence by Counsel, Em. Pref.
1 vol. xxviii, and 5 vol. 467 (note). — ^By the
Stat. 20 Geo. 2, c. 30, the provisions of the
Statute of William the Third, respecting the
allowance of Counsel in Cases of Treason aie
extended to Parliamentary Impeachments, 5
vol. 467 (note), 15 vol. 814 (note), ibid. 818,
862, 18 vol. 535 (note).~Summary of Cases
in which Counsel have been allowed or refused
before and since the Statute of William the
Third, to Prisoners on their Trials for Treason
or Felony, 5 vol. 471 (note).-^ln Trials for
Felony. Prisoners are not entitled to a full
Defence by Counsel, ibid. 468 (note). — Mr.
Emlyn's Remarks upon this Rule, Em. Pref.
1 vol. xxxi. — Mr. Justice Foster approves of
the Rule, 5 vol. 468 (note).— Whitelocke ex-
presses an Opinion that the Law ought to be
reformed in this respect, ibid. 469 (note). — Mr.
Justice Blackstone and Professor Christianas
Animadversions on the Rule, ibid. ib. — Sir
Robert Atkins says, that he always considered
this Rule as a severity in our Law, 9 vol.
724. — Chief Justice Jefferies, in Rosewell's
Case, admits the hardship of it, 10 vol.
267.— Sir John Hawles's Remarks upon the
insufficiency of the Reasons usually assigned
for refusing Counsel to Prisoners in capital
cases, and upon the injustice of the Rule, 8
vol. 726. — He states it as his Opinion, that
it probably arose from the poverty of Pri*
soners, and consequent non-usage, ibid. ib.
•—Lord Nottingham, in Lord CornwalUs's
€aNTBMl<8.J
THE STATE TRIAL«.
m
Case, 8^8, that the only good reason alleged
for the Rule is, that the proof of the facts
establishing the Prisoner's guilt should be so
dear, that no possible doubt can be suggested,
7 vol. 149. — On collateral issues. Prisoners on
their Trial for Treason or Felony were allowed
the full assistance of Counsel, Ratcliffe's Case,
5to1. 467 (note), 18 vol. 434. — In Cases of
Felony, Counsel may be assigned to Prisoners
on incidental Motions, Bambridge's Case, 17
vol. 574. — On Captain Goodere's Trial at
Bristol for Murder, before Mr. Serjeant Foster,
the Prisoner's Counsel were not permitted to
put Questions for the Prisoner to the Wit-
nesses, . ibid. 1022. — On the -Trial of Lord
Lovat on an Impeachment for High Treason,
his Counsel were not permitted to examine or
cross-examine the Witnesses as to matters of
Fact, 18 vol. 544, 578.— Soon after Lord
Lovat's Trial the Statute 20 Geo. 2, c. 30 was
introduced into the House of Commons by
Sir William Yonge, the leading Manager of
his Impeachment, 5 vol. 468 (note). — If a
Prisoner in a capital Case desire the assistance
of Counsel in matters of law, the points which
he suggests must appear to the Court to be
doubtful, 7 vol. 1523, 8 vol. 570, 11 vol. 525.
— The Prisoner must plead to the Indictment
before the Court will assign him Counsel to
argue matters of Law, 5 vol. 63. — In the Case
of David Lindsay, the Court assigned the
Prisoner Counsel before he pleaded, 14 vol.
989. — On the Trial of Lord Treasurer Middle-
sex, upon his Impeachment by the Commons
for Misdemeanours, the House refused to
allow him Counsel to plead for him at the
Bar, 2 vol. 1200.— Counsel were allowed to
the Earl of Bristol on the Trial of his Impeach-
ment for Misdemeanours, ibid. 1380. — It was
resolved upon debate in the House of Lords,
in the Case of Sir Edward Herbert, that he
should be allowed his full Defence by Counsel
on a Charge of Breach of Privilege, 4 vol.
126.— rPrecedents respecting the allowance of
Counsel in the House of Lords to persons
impeached of Misdemeanours, 6 vol. 797. —
Counsel are allowed to make a full Defence
in an Appeal of Murder, Bambridge and
Corbett's Case, 17 vol, 430. See also 8 vol.
726.— Explanation of the meaning of the
maxim, mat in capital Cases the Judge is of
Counsel for the Prisoner, 5 vol, 466 (note),
6 vol. 516, and ibid. ib. (note). — A Judge is
to be of Counsel for a Prisoner, who cannot
by law have Counsel, to prevent him from
losing any advantage by his ignorance of the
Law, of which he might otherwise legally avail
himself, ibid.ib. and 4 vol, 1274. — But in
jCranborne's Case Lord Holt says, that where
^e Law allows Counsel, the Judges are to be
indi£ferent between the Crown and the Pri-
soner, and his Counsel are to take care that
he loses no legal advantage, 13 vol. 237. — The
tei»e in which Judges are Counsel for Prisoners
by the Scotch Law, 23 vol. 805.— On the Trial
ei Braddon and Speke .for a Misdemeanpur,
Vlu«f /uitige Jeffenes admonished oqq of the ^
Defendants, who asked permission to make
his own Defence, that if he did so, his Counsel
would be discharged from making any Defence
for him, 9 vol. 1171.— On the Trial of Redhead
Yorke for a Misdemeanour in 1795, . Mr. Jus-
tice Kooke called upon the Defendant to make
his election whether he or his Counsel would
address the Jury, and refused to permit him
and his Counsel to examine the same Wit-
nesses, 25 vol. 1021. — Instance in 1681 of
Counsel for a Defendant on his Trial for Mis-
demeanour being permitted to address the
Jury on opening and on closing his Evidence,
8 vol. 752. — See also the Trial of the Seven
Bishops, 12 vol. 392. — Lord Holt seems to
have allowed this practice on the Trial of
Denew and odiers for an Assault and Con-
spiracy, 14 vol. 929. — ^The same practice was
allowed by Chief Justice Lee on the Trial of
Owen for a Libel in 1753, 18 vol. 1227.-^In«
stances in the time of Lord Mansfield of Coun«>
sel for Defendants in Cases of Libel address-
ing the Jury on summing up as well as opening
their Evidence, 20 vol. 835, 885, 899.— Pro-
fessor Christian's Remarks on the Conduct
proper to be observed by Counsel in conduct-
ing criminal Prosecutions, and in Cases in
which their own Opinions are against the merits
of the Cause in which they are engaged, 6 vol.
134 (note). — Mr. Emlyn's Remarks upon the
same subject, Em. Pref. 1 vol, xxix. — Mr.
Erskine's Reasons for his Opinion, that Coun«
sel ought not to refuse to defend a Prisoner
because they are satisfied of his Guilt, 22 vol.
412. — See the Opinion of Mr. Henry Erskine,
Dean of the Faculty of Advocates, on this
subject, 23 vol. 806 (note). — Lord Chancellor
Nottingham says, that " Counsel should speak,
not as abetting the Guilt of their Clients, but
as advocating their Innocence," 8 vol. 1131.—
After the Court have delivered their Opinion,
it is irregular for Counsel to argqe against it,
10 vol. 1186. — Counsel cannot be heard by
the Judges in Cases where their extra-judicial
Opinions are required by the King, without
the King's Consent, 15 vol. 1201 . — ^It is lawful
for Counsel to give a professional Opinion
upon any Question of Prerogative, which a
Subject may contest with the Crown in a Court
of Justice, but they must not, under colour of
an Opinion, utter private or public Scandal,
2 vol. 766. — So also Counsel may plead their
Client's Cause against the King, but if, under
colour of that, they utter Sedition, they are
punishable for it, 6 vol. 540 (note), ibid, 548.
— Counsel are protected from an Action of
Slander for saying anything in Court which
is pertinent to their Case, and within the
range of their Instructions, 13 vol. 1386. —
Reasons why Counsel should not be compelled
to give Evidence of facts which come to their
knowledge in their profe9sional character^
even with the express consent of their Clients,
21 vol. 358.r— In the Case of the Regicides,
the Counsel for the Crown were permitted tp
manage the Evidence before the Grand Jury^
5 yol< 972,-^11 Jobii llawles's AQi^^^^i^ioxi^
iU
GKNfiEAL IMDEX TO
on the t>nMitle« of tdtnitttiig Coanwl befert
tbe OfaAd Jury, ibid* ib. (note).-^The Inns of
Cottft baf « m%t%\f an autbority delegated to
tbtm from the Jndgea to call persons to tbe
Bari 3d vol. 688 (DOte).-'The seteral Inns of
Conn determined in tbe Case of Home Tooke,
tbat it would be improper to admit a person
in Holy Orders to the Bar, ibid. 68f (note).
COUNTS.
Doubts respectihg th6 universality of the
llule in eivU Actioos, where there is a Verdict
tipon several Counts and one is defective, that
the Judgment must be arrested upon the whole
Declaration^ 22 vol. 124.
COtJNTt.-See Veiure.
Mr. Justice Foster says that thie most proper
£videnee to prove fit particular plaee to be
Within the bounds of a County is the constant
eftefeise of Jurisdiction, and the execution of
legal process in the place in question, by the
municipal Officers of thd County, IT vol. 1064^
lor*. •
COURTS.
Account of the Court of Chivalry, 3 vol.
483 (note). — Colonel Lilbume's Argument
against Extraordinary CoUrts of Oyer and
Terminer ferebted for special purposes, 4 vol.
1275._Act of Parliament for erecting a High
Court of JusticU for the Trial of Charles the
Firsti ibidi 1045.— Arguments agkinst the
legality of the Hi^h Court of Justicis established
in 1680, 6 VOL 13.--tleason given by Sir John
Hawles why all the Proceedings in Courts of
Justice should be public, 11 vol. 46d.— Mr.
Barrington remarks that in ancient times the
Courts wero not open in the sense in which
they are now understood to be so^ 23 vol. 681
(bote).-— Mr. Emlyn mentions the publicity of
our Courts Of Justice as one of the excellent
eies of oUIr Law^ Em. Pref. 1 Vol. xxv.— Mr.
Justice F<;»ster*s Account of the Court of thd
King in Parliament^ and its distinction from
the Cdurt of the Lotd High Steward, 19 vol.
961.— Mr. £mlyn*s Objections to the Eccle-
siastical Courts in England^ Em. Pref. 1 vol.
XXIV*
COWARDICE.— See Tieiines, C0IOMBI
KatkanaeL
t'receclents of Prosecutions for Cowardice
and Neglect of Duty in Governors of towns and
Castles^ 4 vol. 298.
CtlEDiBlLlTV.-See Witnem.
CHIMES.
Argument of Mh Steele, in the Cas6 of the
Duk^ of Hamiltob, respecting the extent to
which a person actitag under the authority of>
ikhd in obedience to the commands of Another,
will be excused fW)m responsibility for the
Cl<mittiiisitm of CHiiket, 4 voi. lloe.^Ali
Crimes are, by the law of England^ eevcrri |
and if in att Indictment^ a Crimfe is charged M
be committed by several^ it Will be snppetted
by proving that onO committed it^ per Lorti
Holt, in I^wick's Case^ 18 vol* S78.— By lfa9
Law of England a Crime of an inferior degree
is merged in a superior dne^ but this doetrinCs
does not exist in the Law of Scetlandj 33 toL
593i--Mr. Ftolyn*s Remarks on the PBniab^
ment of Crimes by th% Law of £ng1and| £bba
Pref. 1 vol. xxxii.
CRIMINAL CONVERSATIONt*^ee
If the form bf At^tion for Criminal Convei^st-
tion be Trespass, the tim^ of limitation by tBd
Statute of Janaes ii four years, if Cilse, ^it
years, 13 vol. 929 (note).— t^rbceediUgs in aii
Action for Crim. Con. brought by HCttfy,
Duke Of Norfolk, against John Germaine^lt>id«
927.
CIltMlNAL LAW.
The ISuperiority of the Law of England eon^
sists principally in the excellence of the Cri-
minal part of it, Jtm. Pref. vol. 1, p. xxv. —
Comparison of the Criminal Law of Itngtand
with that of other Countries, ibid. ib.
CROSS EXAMINATION.
Bdmett'ft Remarks upon the practice bf
Counsel in English Courts of Justice with
respect to the CrosSAExaminatien of Witnesses^
34 vol. 648 (note).— In Criminal Trials in Bcot-
land| leading questions are not allowed bn
Cross-Examinatton, ibid. 659 (note). — JjxtA
Chief Justice Evre says, in Hardy^s Case^ thit
it Was contrary io his practice, and his opinion,
to put the Words into a Witness's [Moiitfa,
even on Cross-Examination, ibid. Odd, 7BB,
CUSTOMAL.
Account of an Ancient Customal bf Uie
Cinque Ports, 17 Vol. 849.— ArgumOnts against
the Admissibility of this Costomal in Evidence
on the Trial of a Mandamus to the Corporation
of Hastings, ibid. 833, 887.— Lord HardVricke
admits it in Evidence, ibid. 854, 916.
CtJSTOMS.
At the Common Law there were no (justotns
due to the King except of wool, wdelfell^ and
leather, 10 vol. 378.
CtJlTtNCJ OTp tHE hAND.-See
Striking in Courts,
Mh Hdi-grave says that this is a t^fH Fnnish^
iUent by the JBnglish LaW^ 1 Vol. 44g.-'-a)etail
of the Preparations for the EiEecutloU of thi
Sentence in Sir EdUiond Khetet's bailey ibid.
444.— The only Offenceis to which this Ptitti^
ment is affixed, are drawing a Weilpon on oat
of tbe Rin2*s Judges, or striking in thO Kibg'b
Court dr Palace, ibid. 443.'^tnstatae6 t«lat4d '•
ill Btow's Annab of ^ iiafiiethHI H iht JhttyiU
mUft 6TATB TRIALR
lU
flitlfli of CaiHiif i^ff tltd tlltha fot stnkiftg ti
p^lstiti befi^tig dne 6f the Riiig's Judged at
WfeBtminsteh ll YOl. 1356 (hbtfe).^Mr. Fet-
gittioii^s Cotiectidii Of setetdl Cases in Vfhich
oistussibhs krose r^specti^g this Sentetice^ l^ith
his Cdnittiehts tipbii theid, 27 vol. 96d.— The
Judges i^fd^^d to order f elton's hand to be
. feat off, #beii he w%ib conticted of the Mtirdisr
of the Duke of Buckinghatn, ttiotigh at th^
eipress suggestion of the King^ 3 vol. 372^
DAMAGES.
Chief Justice Jefieries's Directions to a Jury
teji|)ectiii&f th6 ihOd^ of asb6rtai»ing theDdtil&ges
ifi ab Abtibti of false ItnpHsonttieiit^ 10 vol.
iira.^ti) all Cdsel ^hete the lAit dOe§ hot
ftlfhbh d paftvinjiit^d ^iih dh AbtiOh to f^cdrbt
tin specific thing lost hf ihH wi-On^fhl act of
ifibth^t', he itlay r^^over I)attlagei$ iii lieu
thfetfeof, case of Ashby and White, 14 Vol. 794.
s-SitJohtiHa^iessays, thsit the giving ^«^t-
ngeohS 13aiiiages in Cased arisihg out Of
boiitichl Disptit^^, was boe Of the dailies of th^
disaffbction of the Nation to th^ Stliart Govern-
tiieiit, 8 Vol. 426.~Lotd Caitideii, itt his Charge
tb the JUiry iti the Case of Wilkes t). Wood, says
that DaiAiages '^ere designed not only as a
Satisfaction to the party injured, but as a
Punishment to thb Gtiitty, atid that, therefore,
the Jury have the power of giving Damages
beyonii the amount of the injury actually sus*
tained. 19 vol. 11^7. — See also 10 vol. 370. —
Chief J ustice t)e Grey's Account of the I^rac-
tice of Courts in granting or refusing New
Trials on the ground of excessive t)amages, 20
vol. 175. — ^In the Case ofPersonal Wrongs the
Jurv are' the Judges of the amount of Damages,
iBifl. l8ii
DANEOELT*
Mr. St. John's RbMftirks tlpoil the tiature attd
origin of the Imposition called Danegelt in his
Argdllii^ht itk the 6t^at Case of Ship-Money,
3 vol. 906.— He <ibtit«tids that Danegelt was
imposed in Parliament^ ibid. 907*.
t)AV. — See truUcinmitf thne.
It l«raS hdd bv thfe Court in Sir Henrj^
Vi,n^*i Case, ihat the day laid iil tia Indictmetii
is imtuatekial, and that the Jury might ebhvict
upon it, dbough tlie Dfifence Were proved to
hafe b^h cominittied on ati learlleror lAt^erday
thdSi Ukttt kid in the Indiictment, 6 vol. 131 .--
LM Holt ^aysj Oh the Trial of Chiaraock,
lUhg^ aUti Keyes, that for the sake of foriA
there Ss a partitiuiar day laid in the Indictttient,
bm \ht OToof is ttot to be tied up to that d^y ;
if the Qtence be ptoVed at any time b^pfore or
afteV, pn>vid«rd it be before the Ibdittmetitpre-
ht^, it is well fenoughj 12 vol. 1396;— Dis-
atssion wke^er iii ati I&pi^chment for IVfeaion
it is necessary to charge the Oflfence to have
btoin tmhmitt^ oh a patticulat day, 15 vol.
i^6.-^tn Indictments for capital ofifences it is
t^et^saty to state a particular day to whith
tte faamtt lim v^f m, ^,^Ko in-
dictm^nt ekn bO gOOd Hlpithoiit pttdsdy show-
ifig a certain day and year of the facts alleged
in it, 13 vol. 275 (tiote).—t)pililOft of all the
Judges in 'Lord Balmerifio'i Cafte that it i^
unnecessary to prbve an overt Act of T reastiO
to hate been comniitted ofa the particular day
laid in the tndictirtent, 1^ vol. 485.
DfiATH-BEO bECtA&AtlONS.
See Dj^ing DeclarcUioni,
DECLARATIGN.-^See Pkm ttnd JPkading,
DBCLAIlATIONS.
Deelarhtioti bf Chafles thb Seeotid to the
People of England soon after th^ SneOUtiOft Of
his Father, 5 vol. 959. — His Declaration on
the same occasion to th^ l^eople of Scotland,
ibid. 962k— The Duke of Monmouth's De-
claration on his landing ai Lyme iii Dorsetshire,
11 vol. 1032 (note). — James the Second's
Declaration for Liberty of Conscience, 12 vol.
231. — Declaration of the I'rince of Orange on
his appearing in arras in England| 15 voh
28(:).
fiEGYPhERlNO*
Letter of the celebrated t)r, Wallis on the
Science of Decyphering, 16 vol. 540 (note).
D£f AMATlON^See Slanekr,
Narcissus Luttrell's Account of this freqUehcy
Of PrOsecutibbs for Defamation during the
latter part of the Itbign of Charies the SebOnd>
10 vol. 125 (note).
DEFENCE.— Sfee C&iMkei-^ttidL
DEFENDERS.
Proceedings on the l^riais of the defenders
in Ireland, 36 Geo. 3, ,1795, 26 vol. 225.— Se«
Olehnan^ Andrew — ffetr/,' Patnck—KeHnetfy^
Thomas-^ Leary^ Jbhn — Weldon, Jame$.
DEGRADATION OF CLERGYMEN^
I^roceecling:s On th6 Degradation of William
Satitre for lleresy, 2 hen. 4, 1400, 1 vol. 171.
— t>egradation of Cratthler, Archbishop of
Canterbiiiry, ibid. 804. — Form of degrading an
Archbishop, ibid. 841.— tbrm of the Degrada-
tion of a Ciergyihan in the Reign of Jaines thii
Second, 11 vol. 1352.
DEGRADATION OF A KNIGHT OF THE
GARTER.
iPfbceedirtgsoh the Degradation of EdwatJ,
Duke of Buckingham, from the Order of thb
■Garter, 13 Hen. 8, 1522 1 vol. 297. .
DEGRADATION OF A PEEIt.
History of the Degradation of George NeviHej
Duke of Bedford, by Act of Parlianient, in thd
Wign t>f fid%^ tfe^ fV>totb> « voli U9^
176 GENERAL INDEX TO
DE HOMINE REPLEGIANDO.
pfi8esz«Zf<
In a Writ De Homine Replegiando there is
an exception of a Commitment by the Special
command of the King, 3 vol.43. — ^Two Records
of Proceedings on Writs de. Homine Replegi-
ando, 8 vol. 1350 (note). — Sir John Hawles's
Remarks upon the Writ De Homine Replegi-
ando in the Case of Wilmer, ibid. 1347. — A
Commitment upon this Writ is merely until
the Body is produced, 9 vol. 185. — ^The person
eloigned is' properly the Plainti£f in a De Ho-
mine Replegiando^ ibid. ib.
DELINQUENT AND MALIGNANT.
: Oldmixon's Explanation of the meaning of
these Terms, 4 vol. 857 (note).
DEMURRER.
In Cases of Misdemeanour thelre is a four-
day Rule to join in Demurrer, but in Capital
Csiises, the Party must join in Demurrer imme-
diately, Layer's Case, 16 vol. 116, 122.
DEPOSITIONS.— See Examinatiom, Evidence,
Informatiom,
Instances in former times of Depositions of
Witnesses -v^o might have given their Testi-
mony viv& voce, being admitted in Evidence
for the Crown on Criminal Trials, 1 vol. 985, 2
vol. 10. — Resolved by all the Judges in Lord
Morley's Case, that Depositions taken before a
Coroner upon proof of the death of the Wit-
nesses, or their inability to travel, and Oath
made by the Coroner that the Depositions are
unaltered, or upon proof that the Witnesses
have been withdrawn by the Prisoner, may be
admitted in Evidence for the Crown on a Trial
for Murder, 6 vol. 770, 776.— Such a Deposi-
tion admitted in Evidence by Lord Holt on
Harrison's Trial for Murder, where there was
reasonable ground for suspicion that the Wit-
ness had been kept out of the way by the pro-
curement of the Prisoner, 12 vol. 852, and
(note). — Discussion in the House of Commons
in Sir John Fenwick's Case, respecting the ad-
missibility in Evidence against a person under
a Criminal Charge of a Deposition taken before
a Magistrate in the absence of the accused
person, 13 vol. 591, et seq. — A Prisoner upon
his Trial is not entitled as of right to see the
Depositions taken before the committing Ma-
gistrates, Dr. Sheridan's Case, 31 vol. 835.
DIGNITIES.
The Case of Dignities from Coke's Reports,
2 vol. 741.— Mr. Cruise's Summary of the
effects of Attainder upon Dignities, 19 vol.
979.
DILATORY PLEA.— See Ahatemeni.
Where a Dilatory Plea is pleaded by the Pri-
soner in a Capital Case, and demurred to, the
Court will not indulge the Prisoner with time to
join ift Pemurrer, Layer's Case, 16 vol 122,— i
TheCourt willTgrant no opportuaity ex gratiA
to a Dilatory Plea, ibid. 123.— An AfiSdavit ol
the truth of the matters contained in a Dilatory
Plea said not to be necessary in Criminal Cases,
Sheares's Case, 27 vol. 267. — See also Kirwaii*a
Case, 31 vol. 577 (note). — ^The Statute requir-
ing such an Affidavit, held by Lord MansfieI4>
to apply to Criminal Cases, excepting Trials
at Bar, 18 vol. 399 (note),
DISABILITY.— See Witnesi.
DISCONTINUANCE.
Arguments in Tatchin*s Case, whether a
Discontinuance occasioned by a clerical error
in the teste of a Distringas*Corpora Juratonim
may be cured by the amendment of the Teste
by the Roll, 14 vol. 1120.— The Court of Riqg's
Bench are equally divided in Opinipn upon the
Question, ibid. 1187. — In case of a CrimiDal
Trial at Bar, where a Venire is returnable on th^
first general Return of the Term, the appearance
day for the Jury, is the Quarto die post, but the
Court may adjourn the Jury to any day before
the next Return without any entry on Record
of such Adjournment, and it will not be a Dis-
continuance, Layer's Case, 16 vol. 307.
DISCRETION.
Lord Coke's Definition of legal Discretioo,
23 vol. 990. — Meaning of judicial Discretion
explained by Lord Mansfield, 19 vol. 1089.—
Danger of intrusting Judges with discretionary
power, 8 vol. 56 (note).
DISGUISE.
On a Trial for an Ofience under the Black
Act, it is not necessary to show that the Of*
fender was disguised at the time of its Com-
mission, 16 vol. 745 (note).
DISPENSING POWER.-^ee Eak$^
Sir Edward.
Lord Coke's Opinion in Calvin's jCase in
favour of the Dispensing Power, 2 vol. 632. —
If a Statute directs a Penalty incurred by the
Coijdmission of an Offence to be divided be*
tween the King and the Poor of the Parish, the
King can only dispense with his own part of
the Penalty, 3 vol. 1179. — Mr. Hargrave's
Note on the Question of the King's Dispensing
Power, 11 vol. 1187 (note).— His Reference to
Treatises and Cases illustrating the Controversy
on this Subject, ibid. 1190 (note). — Sir Robert .
Atkyns's Inquiry into the King's Power of J
dispensing with penal Statutes, ibid. 1200. — ]
Mr. Northey's Argument in the Case of Sir
Edward Hales against the Dispensing Power,
ibid. 1187. — ^^Sir Thomas Powis's Argument in
the same Case in support of it, ibid. 1192. —
Chief Justice Herbert delivers the Judgment of
the Court of King^s Bench in favour of it, ibid.
1195. — His Account of the Authorities on
which this Judgment was founded, ibid., 1251.
—Sir Egbert Atkyns's Aiumadrersio&s thi^repOi
ibid. 1267. — ^Mr. Attwood's Remarks upon
Chief Justice Herbert's Defence of the Ji^g-
ment, ibid. 1280.— Arguments of Sir Robert
Sawyer^ Mr. Finch, Mr. Pollexfen, and Serjeant
Pemberton, against the Dispensing Power, in
6eir Defence of the Seven Bishops, 12 vol.
362, 367, 370, 371 .—Sir Robert Sawyer declares
his Opinion in favour of the Dispensing Power
in his Argument in the Great Case of Mono-
polies^ 10 vol. 473. — ^Mr. Justice Powell's
Dedauation against the dispensing Power in
the Case of the Seven Bishops, ibid. 427. — ^The
Exercise of the Dispensing Power respecting
tiie Test and P6i^ai Laws, said by Sir John
Hawles to be one of the chief causes of the dis-
affection of the nation to the House of Stuart,
8 vol. 427.
DISSECTION.
.IMssection in Cases of Murder forms part of
the Sentence, 18 vol. 1201, 19 vol. 959. —
Statute directing the delivery of the bodies of
persons executed in London and Middlesex for
Murder to the . Company of Surgeons to be
dissected and anatomized, 19 vol. 979 (note).
DISSENTERS.
Proceedings respecting Presbyterian Dis-
senters at the Restoration, 6 voL 1.— -Proceed-
ings respecting Dissenters after the Revolution,
ihtd. 47. — Persecution of Protestant Dissenters
during the Reign of Charles the Second, ibid.
996. — ^The Penalty of Abjuration of the Realm
derived from the ancient Common Law prac-
tice of Sanctuary and Abjuration applied to
Dissenters by 35 Eliz. and afterwards abolished
by the TolerationAct, 15 vol. 146, andibid.310.
DISTRINGAS.
Arguments in Tutchin's Case, whether an
Error in the date of the teste of a Distringas
Corpora Juratorum be amendable by the Roll
80 as. to avoid a Discontinuance, 14 vol. 1135.
^— The Court of King's Bench are equally di-
vided in Opinion on the question, ibid. 1187.
DIVORCE.
Proceedings relating to the Divorce of
Catharine of Arragon from Henry the Eighth,
1 voL 299. — Opinions of Melancthon and other
Divines concerning Impotence as a cause of
Divorce, 2 vol. 796. — Account of Bury's Case,
containing a Decision against the validity of a
second Marriage, under which there was Issue,
the first Marriage having been dissolved on the
ground of impotence, ibid. 849, 850 (note).—'
The Duke of Norfolk's Divorce Bill, 13 vol.
1283. — Bishop Cozens*s Argument in Lord
Bms's Case, that a Man divorced from his
Wife may lavefully marry again, ibid. 1332. —
Sir Thomas Fowis's Argument in the Duke of
Norfolk's Case, against Bills of Divorce, ibid.
1345.-*Piscussion in the Dt^chessof Kingston's
Case^ whether a Sentence of Divorce in the
Bcdesiastioal Court upon a first Marriage is a
coQclusive Bnswer to a Chai^^ ^ Bigamy, 20
Tol. 391.
yoL, XXXIV,
THE STATE TRIALS.
177
DROWNING. See QfU^, Spencer.
Evidence respecting 'the inference to be
drawn from the sinking or floating of a dead
body, as to whether the death was occasioned
by drowning, or whether death had taken place
before the body came into the water, 13 vol.
1131, 1158, 1160, 1162.— Opinions of Dr.
Sloane and others upon the immediate cause
of death from drowning, ibid. 1155. — Opinions
of medical men that it is not necessary that the
body should have much water in it where dieath
has been caused by drowning, ibid. 1158, 1159.
— Further Observations on the immediate
causes of death from drowning, ibid. 1202.
DRUNKENNESS.
Drunkenness cannot be pleaded in extenua-
tion of Crimes^ Dammaree's Case, 15 vol. 603,
690, 17, vol. 1092. — Fielding's Opinion respect^
ing the effect of Drunkenness on the Character,
15 vol. 604 (note).— -Discussion respecting the
effect of Drunkenness in extenuation of Crimes
by the Law of Scotland, 17 vol. 1001.— Mr.
Locke's Opinion of the reasonableness of not
admitting Drunkenness as an excuse for crimes,
22 vol. 520 (note).— 'Although Drunkenness
does not excuse from criminal responsibility,
no inference of crime can arise from the con-
duct of a man when in a state of intoxication.
26 vol. 122.
DUELS. SeeBaHle.
The Case of Duels in the Cou;rt of Star^
Chamber, 13 Jac. 1, 1615, 2 vol. 1033.— Sir
Francis Bacon's Argument against them in that
Case, ibid. ib^-^Decree of the Star-Chamber
against them, ibid. 1042. — ^Lord Holt says, in
delivering the Judgment of the Court in Maw-<
gridge's Case, that if two persons appoint a
time to fight, and meet and fight accordingly,
and one of them is killed, it is Murder in the
other, 17 vol. 66. — He also says, in the same
Case, that if two persons are fighting a Duel
upon malice prepense, and a third person ac-
cidentally comes up, and ignorant of the malice,
takes part with the one who he thinks has the
disadvantage, or who is his Friend, and one is
killed, it is Manslaughter, ibid. 69.— See
J^ron, WUliamf Lord; Mohun, Charles, Lord;
Warwick and Bollandy Edward, Earl of,
DURESS.
If a Prisoner dies in consequence of Duress
of Imprisonment, it will be Murder in the
Gaoler, 17 vol. 453 (note). — ^The only Duress
which will avoid responsibility for Criminal
Acts, is a force upon the person inducing a pre-
sent fear of Death, Mac Growther's Case, 18
vol. 394,
DYING DECLARATION.
Instance of a Dying DeclaratTon being re«
ceived in Evidence wiSiout previously shewing
that the party examined was in expectation of
Death, 6 vol. 1325.— Mn Fox's Remarks upon
the mode of estitaating the degree of creditaue
.■k
IVd
GENERAL IKDEX TO
£lkC2fl6VIitf
to Dying Dficl^tkmi, 11 vol. 885.*--The prin*
ciple upon which Djring Peclarations are ad«
inissihle in Evidence in Cases of Murder, 16
vol. 24 (note). — ^tt is a question for the Court
and not for the Jury, whether the party whose
Dying Declaration is offered in Evidence, was
conscious of the immediate approach of Death
at the time he made it, ibid. 25 fnote). — Re->
marks on the Admissibility of Evidence of
Dying Declarations, by the Law of Scotland,
ibid. 2T (note).
DYING SPEECHES
Of John Eisher, Bishop of Bochester, ex-
ecuted for Treason, A. D. 1535, 1 vol. 406. —
Of Queen Anne Boloyn, ezeouted A. D. 1536,
ibid. 410.— Of Thomas Cromwell, Earl of
Esset, executed A. D. 1541, ibid. 48r.— Of
Edward, Duke of Somerset, executed A.D.
1552, ibid. 523.— Of Lady Jane Grey, ex-
ecuted A. D. 1553, ibid, T28.*-Of lliomas
Howard, Duke of Norfolk, executed A.D.
1572, ibid. 1032.— Of Sit Christopher Blunt,
Sir Gilly Merrick, and Henry Cuile, executed
A.D. 1600, ibid. 1412.— Of Sir Walter
Baleieh, executed A.D. 1618, 2 toI. 41. —
Of Henry Garnet, executed A.D. 1606, for
being concerned in the Gunpowder Plot, ibid.
856. — Of Sir Jervis Elwes, executed A.D.
1615, fbt the Murder of Sir Thomas Orerbury,
ibid. 942. — Of Mervin, Lord Audley, executed
A.D. 1631 for Rape and Sodomy, 3 vol.
417. — Of Fittpatrick and Brodway, executed
A. D. 1631, for Sodomy, ibid. 421, 423.— Of
Lord Strafiord, executed A. D. 1641, for Trea-
son^ ibid. 1^21. — Of Archbishop Laud, ex-
ecuted A. D. 1644, for Treason, 4 rol. 618.-^
Of Charles the Firet, King of England, ex-
ecuted A.D. 1649, ibid. 1137.— Of James,
Duke of Hamilton, executed A. D. 1649, ibid.
1 186.^-Of the Earl of Holland, executed A. D.
1649, ibid. 1220.— Of Arthur, Lord Capel,
«Xecuted A.D. 1649, ibid. 1282«-^Of Chris-
topher Love, executed A. D. 1651, 5 rol. 252.
— Of John Gerhard, executed A.D. 1654,
ibid. 586.-«Of Peter Vowell, executed A.D.
1654, ibid. 53r.--Of Colonel Penruddock,
executed A.D* 1655, ibid. 778.— Of Dr.
Hewet, executed A.D. 1658, ibid. 93a—
Dying Speeches of the Regicides, executed
A. D. 1660.— Of General Harrison, ibid« 1235.
—Of John Carew, ibid. 1241.— Of John Cook,
ibid. 1252.— Of Thomas Scot, ibid. 1275— Of
Colonel John Jones, ibid. 1285v-^0f Colonel
Daniel Axtcll, ibid. 1291;-^-Of Colonel Francis
Hacker, ibid. 1294.*^ Of Colonel Adrian
Scroop, iW. 1300.-HOf Colond John Okey,
executed A. D. 1662y ibid. 1319^^^^! Miles
Corbet, ^id. 1822.— Of Colonel John Bark-
stead, ibid. 1325.— Of Archibald, Man|Uttof
Argyle, executed A. D. 1661, ibid. 1505.— Of
John James, exeeuted A. D. 1661, 6 vol. 98.
-— Of Sir Htnry Vane, exeiiuiled A. D. 1662,
ibid« 193.^*-*<af Thomas Tonge, Geoige I%H.
lips, Francis Stubbs, and I^thaaiel Gibbs,
executed A.D. 1662* ibid. t6& .^fJQi John.
Tlryji^ tMfM^ iWD^ 1668^ ibid, m^^fl
Colonel James Turner, executed A. D, 1664*
ibid. 620.— Of James MitohtU, executed »l
Edinburgh, A.D. 1681, ibid. 1261.— Of Wil*
liam Ireland and John Groves, executed A. D«
1678, 7 rol. 142.*^Of Lawrence Hill, execatot
A. D. 1679 for the Murder of Sir Edraondboij:
Godfrey, ibid. 226.^0f David Lewis, 9!^
eouted A.D. 1679, ibid. 256.*<^Of ThomW
Whitebtead and four others, commonly oalled
the Five Jesuits, executed A. D.'1679 fojp being
concerned in the Popish Plot, ibid. 481.— *Of
Richard Langhom, executed A. D. 1679, ibid.
502. — Of Francis Johnson, exeoutod A.D*
1679, ibid. 750.— Of William Ples»ngto%
executed A.D. 1679, ibid. 762.-<*Of Thonuw
Tfawing, executed A.D. 1680, ibid. 1182.>»*^
Of Lord Stafford, executed A. D. 1680, ibid«
1564. — Of Edward Fitzharris, executed A.D*
1681, 8 vol. 395.— Of Dr. Oliver Flunkey
executed A» D. 1681, ibid. 495.<***Of Stephen
CoUedge, executed A.D. 1681, ibid. 71 7v**-
Of William, Lord Russell, executed A.O.
1683, 9 rol. 512, 683.— Of Captain Wah»t,
executed A. D. 1688, ibid. 668.^0f Williatt
Hone, executed A. D. 1683, ibid. 674.— Of
John Rouse, executed A.D. 1683, ibid. 675.
— Of Cplonel Algernon Sidney, executed A. D.
1683, ibid. 907.— Of Sir Hiomaa Amstrong,
executed A. D. 1684, 10 vol. 115.— Of Donald
Cargill, executed A.D. 1681, ibid. 891.— Of
Walter Smith, executed A.D. 1681, ibid.
895.— Of James Boig, executed A. D. 1681,
ibid. 900. — Of William Thomson, executed
A.D. 1681, ibid. 902— Of William Cuthil,
executed A.D. 1681, ibid. 905. — Of Lady
Alice Lisle, executed A.D. 1685, 11 yoI. 380.
—Of Henry Cornish, executed A.D. 1685,
ibid. 451.— Of Elizabeth Gaunt, executed
A.D. 1685, ibid. 452.— Of Robert Frances,
executed for the Murder of Thokas Danger-
field, A.D. 1685, ibid. 507.— Of Ei^ard
Rumbold, executed A. D. 1685, ibid^ 879.-^
Thomas Archer, executed A.D. 1689, ibid.
906. — Of James Reaw\ck, executed A.D.
1689, 12 vol. 583. — Of John Ashton, aecuted
A.D. 1691, ibid. 817.— Of Captain Henry
Harrison, executed A. D. 1692 for the Murder
of Dr. Clenche, ibid. 874.— Of Robert Young,
executed A.D. 1700 for Coining, i^td. 116^*
— Of William Anderton, executed A.D. 1693,
ibid. 1265. — ^Of Robert Charnoek, Edward
King, and Thoi&as Keyes, executed A.D.
1696, ibid. 1462.— Of Sir John Frie&d and Sir
William Parkyns, execttted A. Di 1696, for
being concerned in the Assass! nation Plot,
1 3V0I. 1 36.<— Of Robert Lowick and Ambrose
Rookwpod, executed A. Dv 1696, ibid. 310.^
Of Sir John Fenwiok, executed A. D« 1697,
ibid. 757^^--Of Thosms Aikeuhead, executed
in Scotland 'for l^aspiiemy, A. D. 1697, ibid.
930.— Of Haagen Swendsen, executed A.D.
1702 for feloniously abdueiug an Heiress
14 nA. 634.-<-Of John Quelch, John Lambert,
Christopher Scudamore, J(^n Miller, Erasmas
Peterson, executed A. P. 1704 for Piracy and
Murder^ ibid. 109l»«— Of WiUiaiB Gtmi «•-
ecuted A, D, 1708, ibid, J39J,'*-Of RvM
THE STATE TRIALS.
I7d
exficnted A.B, t713, 15 vok. 7S0.--Of
iUtfmr, Loffi Baimerino, executed A. D. 1746,
§m bemg coBeeraed ia ihe Rebetlioa of 1746,
im rol. 523.-^f SimoB Fraser, Lord Lovat,
MDKBtod A.D. 1747, ibid. a54.--Of William,
Atfl of Kilmariioek, executed A.D. 1747,
Mi. 517.*rOf Mary Blaady, executed A. D.
ir53» for die Murderof her Fati^, ibid. 1102.
«t-ef Johi» Baibot, exeooted A. D. 1763, in
Ae Island of {ftcChiislopher, for MuTder, ibid.
1321 .--^f Jaines Stewart, executed in Scot-
fand for Murder, A. D. 1762, 19 vol. 254.—
Of J}t, Archibald Cameron, executed A D.
%fS9f 3Md» 744. — Of Xames Aitken, executed
JUI>- 1777 for setting Fire to the Fortsmoi^
Hock Yard, 20 vol. 1368.~^f David Mac-
hine, executed A. D. 1797, 26 vol. 827.— Of*
lames O'Coiglyy executed A.D. 1798, 27 vol.
2M
EAST-INDJA COMPANY.
The Great Case of Monopolies between the
laat India Company and Thomas Sandys,
vespecting the validity of the Company's
Charter ror the exclusive Privilege of trading
to India, 10 vol. 371. — Mr. Holt*s Argument
for the Company, ibid. lb.«!— Sir Geoi-ge Treby's
Atjpxment for Mr. Sandys, ibid. 383* — Argu-
jaent of Solicitor General r inch for tlie Com-
pany^ ibid. 405. — Mr. PoUexfen's Argument
iot Mr. Sandys, ibid. 414.— Sir Eobert Saw-
Sr's Argument for the Company, ibid. 457. —
r. Wniiam^'s Argument for Mr. Sandys,
ibid. 495. — ^Tbe Court give Judgment for the
Company, ibid. 516. — Qiief Justice Jefferies's
Argument on giving his Judgment, ibid. 519.
f— Roger Nortlrs Notice of this Case, ibid. ib.
(note). — Remarks upon it from Anderson's
''History of Commerce," ibid. 374 (note). —
Discussion whether the East India Company
ire entitled to send and receive Ambassadors,
20 vol. 1119.
ECCLESIASTICAL COMMISSIONS.
Act of Parliament in the Reign of Queen
Elizabeth, empowering the Crown to issue
Ecclesiastical Como^issions, 11 vol. 1123. —
Form of such a Commission issued by Queen
Elizabeth, ibid. 1139.— Stat. 16 Car. 1, c. 11,
removing from the Crown the power of issuing
tuch Commissions, ibid. 1141.— Ecclesiasticsd
Commissions are one of the subjects com-
plained of in the Petition of Grievances, pre-
sented to James the First in 1610, 2 vol. 522.
—The Ecclesiastical Commission issued by
James the Second, 11 vol. 1143.— Sir Robert
Adnms'ji Argument against it, ibid. 1 1 48 (note).
•— litis Commission exercised a Jurisdiction
la Causes Matrimonial, ibid. 1144 (note). —
Jtoger Coke's Remark on the inconsisteticy of
1B^ form of this Commissions 12 vol. 26 (note).
ECCI-ESIASTICAL COURTS.
. Mr. Emlyn S9grs, ihctt the sttperiority of the
BiflMh l^ doe$ not QOMist in the exeeUence
xxiv.— Mr. Jufttice Potter's R^nMoia lOn the
respective Authoiity of the Eeclesiastkad and
Temporad Courts, 2 vol. 157 <note).-~^Sir
Robert Atkyns's Discourse concening Ecde-
siastical Jiuriadictio& in Eogkad, 11 toI. 1148
(note).— Discussion whether a eentenceol Jac«
titation in the Ecclesiastical Court is a con-
clusive Aoftwer to a (Hsniaal Charge founded
upon the validi^ of the Marriage svhich is
the subject of such Sentence, and whether the
e^Qt of such Sentence may not be avoided
by proving it to have been procured by fraud,
20 vol. 391. — Opinion of ^ Judges in the
negative upon the first Question, am in the
affirmative upon the Second, ibid. 537 (note).
— Opinions of the Judges in 1637^ thuX Pcoceas
may issue from the Ecclesiastical Courts in the
name^ of the Bishops, and that a Patent under
the Gr/&at Seal ia not veeessary for holding such
Courts, 3 vol, 714,
ElKON BASILIKE*
Remarks upon it, 4 vol. 1154.
ELECTIONS.
The merits of Election9 are determinable in
Parliament^ though the Writs of Election are,
by Stat. 7 Hen. 4, returnable in Chanceiy, 2
vol, 1 04 .-— Argument of Chief Justjkie North
that the Sheriff presides as Judge as to declar-
inj; the majority at an Election for Members
of Parliament, 6 vol. 1096. — The Speaker's
Account of the different Statutes relating to
the Return of Members at Elections, in the
Debate in the House of Commons on the Case
of Ashley and White, 14 vol. 703. — ^Instances
of summary Proceedings adopted by the House
of Commons against persons misconducting
themselves at Elections, ibid. 711 (note), —
Debates in the House of Commons in the Case
of Ashby and White, upon the Question
whether an Action at Law lies by an Elector
whose Vote has been refused at an Election,
ibid. 696. — Sir Thomas Powis's Argument for
the negative, ibid. 712.— Statement of the
Reasons upon which ^e House of Lprds
decided in the Affirmative, ibid. 781. —Argu-
ment that the House of Commons has an
original and exclusive right to determine all
matters relating to the Election of their own
members, ibid. 733.-*Strong Argument against
this Doctrine, arising from the different nature
of the Rights of the Electors and Elected,
ibid. 792. — Resolutions of the House of Com-
mons, on occasion of the Case of Ashby and
White, asserting this right, ibid. 776.— By
Stat. 7 and 8 WiU. 3, c. 7, if any person shall
return a Member to serve in Parliament eon-«
trary to the last determination of the House
of Commons of the Right of Election in the
place for which the . Return is made, it is a
ialse Return, ibid. 781 (note).— The respectire
rights of Election in Counties and Boroughs
exphiined,. ibid. 782.— Every Freeholder has
an original and fundamental right, which is
Sart of his Freehold^ to vote at Elections for
Lmghta of die Skm, ibidt ib»— Of the OnfiHk
im
GENERAL INDEX TO
[IfisoBuL
and Nature of the right of Boroughs to elect
Members to senre in Fariiament, ibid, ib^ — Ii^
ancient Boroughs whose Lands are held in
Burgage, the Burgesses have a real right an*
sexed to their estates to send Members to Far-
liamenty and in those Cities and Boroughs
that have a right to elect Representatives by
prescription, or Charter, it is a. personal right
annexed to the body politic, or Corporation,
ibid. ib.
ELEVEN MEMBERS.— See HoUU, Jkrml
^iiBARGOES.
Mr. Hargraye's Reasons why the King's
Prerogative of laying Embargoes should not
be restricted to time of War, Harg. Pref. 1 vol.
lii. — Sir John Davis's Remarks on the Pre-
rogative of layitig Embargoes, in his Argu-
ment in the Great Case of Impositions, 2 vol. 402.
ENGLISHlttE.
Meaning and Origin of the Law so called,
explained by Lord Holt on delivering the
Judgment of the Court in Mawgridge's Case,
17 vol. 60,
ENGLISH LANGUAGE.
Specimen of the elegance of the English
Laneuage in the Reign of Richard the Second,
1 vol. 131.— When Criminal Proceedings were
in Latio, the Indictment was read to the
Prisoner in Eoglish before he pleaded, 6 vol.
132 and (note).
ENTRIES.
Entnr of Venire and Postea on the Record
of the Proceedings on the TVial of Thomas de
Berkele for the Murder of Edward the Second,
1 yol. 56. — Entry of the impannelling a Jury
of Matrons to inspect a Woman in a Case of
Divorce, 2 vol. 802.
EQUIVOCATION.
Remarks on the Popish Doctrine of the
lawfulness of Equivocation, 7 vol. 545. —
Opinions of several eminent Catholic Divines
on the subject, ibid. 557.
ERASTLA.NS.
Account of the Founder of the Sect so call-
ed, and of his Opinions, 10 vol. 871 (note).
ERROR.
The Errors assigned in Parliament in the Re-
cord of the Proceedings against Thomas, Earl
of Lancaster for High Treason, in the reign
of Edward the Second, were that he was not
arraigned, and that he was not tried by his
Peers, 1 vol. 45.— If there be Error in Proceed-
ings on the Trial of a Peer in Parliament
for Treason, the Judgment may be reversed
by a Writ of Error in the Court of King's
Bench, per Whitlocke, J. in Sir John Elliott's
Case, 3 vol. 308.— It was said by Lord Chief
Justice North that the principal use of Writs of
Error was to preyent any change of the Law,
6 yol. 1094. — ^A Writ of &ror does not lie upon
the refusal of a Habeas Corpus, 14 vol. 848.—
BeioWed by Tea Judgei out of Twelve, that a
Writ of Error, returnable in Parliame&t, oogU
to be granted by the Crown of right and not ol
fayour, ibid. 861 (note).— Since that Resoluticm
it ought not to be denied in any Case undei
Treason and Felony, where there is probable
Error, of which Uie Attorney General is to jadge
before he grants his Fiat, 19 vol. 1099. — Mr.
Hargrave's Statement of the result of the
authorities on the subject of Writs of Error in
criminal Cases, ibid. 1136 (note).
ESCAPE.
Distinction between an Escape and Breach
of Prison, 3 vol. 293. — ^It is an Offence by Law
for . a person to depart from Prison with the
^Gaoler's Licence, ibid. ib. — ^It is an Escape to
bring a Prisoner in Execution out of the Kolea
of a Prison, though it be done by an Order of
the Court in order that he may give his Bti*
dence, 7 yol. 1201, 10 yol. 1081.
EVIDENCE. See WUnm.
In the Case of Sir Nicholas Throckmorton,
the Evidence of a person convicted of Treason
was admitted for the Prosecution, though ob-
jected to by the Prisoner, 1 yol. 880. — A per-
son confessing Treason, but not attainted, held
to be a sufficient Witness to prove Treason
against others, Duke of Norfolk's Case, ibid.
1023.— Evidence on oath of the Testimony of
an absent person on a former occasion allowed
against a Prisoner on his Trial for Felony,
Udairs Case, ibid. 1283. — ^An Examination
not signed by the party examined, but attested
by others, allowed to be Evidence against a
Prisoner on his Trial for Treason, Sir Walter
Raleigh's Case, 2 vol. 15. — It was resolved by
all the Judges in Lord Castlehaven's Case,'
that a Wife may be a Witness against hec
Husband to prove his aiding and abetting the
commission of a Rape upon herself, 3 toL
402. — In a Prosecution on the Statute ol
Henry the Seventh, for forcibW marrying
Wpman of Substance, the Wife may gii
evidence of the facts against her Husban<
even though she afterwards acquiesced in tl
Marriage, Swendsen's Case, 14 yoL 575.-
Opinion of the Court of Exchequer in Ireli
in the Case of Annesley v. Lord AngU
that a Wife may give evidence as to her Hi
band's credibility upon his Oath, but not
points affecting his property, 17 yol. 1376.
By the Law of Scotland, a Wife cannot in
Case be a Witness for or against her Husband
18 vol. 580 (note).— It was resolved by all
Judges in Lord Morley's Case, that De^
sitions taken upon a Coroner's Inquisitioi
upon proof of the death of the Witnt
and oath made by the Coroner that the De]
sitions are unaltered, or upon proof that
Witnesses are withdrawn by the procuremel
of the Prisoner, are admissible in Evidence ~
the Prosecution on a Trial for Murden 6 1.
776.— On the Trial of Harrison for nfurdf
before Lord Holt, the Deposition of a Whm
before the Coroner was admitted' in £yid<
for the Crowsi on reasonable proof being i
Commm.]
THE STATE TRIALS.
181
dial the Witness badbMQ k«pt out of the way
.^the Prisoner, 12 vol. 851. See also ibid.
jS52 (note), and some discussion on this sub-
ject in Sir John Fenwick's Casey 13 vol. 591.
— In a criminal Case, where a Paper is proved
to come from the Custody of the Prisoner, it
my be read in Evidence against him without
proof of his hand-writing. Layer's Case, 16
f ol. 206. — Remarks upon the degree of caution
with which Evidence of Hand-writing should
he received by Juries in criminal Cases, 21
▼ol. 779.— Evidence to belief is sufficient to
prove Hand-writing, Layer's Case, 16 vol< 205.
—Evidence of hand-writing by a comparison
of hands is inadmissible, 9 vol. 864 (note). —
Discussion on this subject i|i the Case of the
Seven Bishops, 12 vol. 296. — Summary of the
Cases and the Law upon this Subject by Mr.
Wynne, in his Speech m Defence of Bishop At-
teriiury, 16 vol. 546.-- >Lord Chancellor Eldon's
Remarks on the mode of proving hand-writing
in the Case of Eagleton v. lUngston, ibid.
3(M» (note)^ — ^Mr. Serjeant Peake's suggestion
as to the reason of the Rule respecting the
proof of hand-writing, ibid. 306 (note). —
Lord Chief Justice North says in CoUedge's
Case, that the^ effect of the evidence in a
criminal Trial is matter of Law for the Court,
and that the truth of the evidence is matter
of Fact for the Jury, 8 vol. 710.— Judge
Jenkins says, that examinations in Court, not
upon' Oath, are merely communications, and
not Evidence, 4 vol. 932. — Evidence of the
general bad Character of the Defendant ad-
mitted for the Prosecution on the Trial of
Major Faulconer for Perjury during the Com^-
monwealthy 5 vol. 354. — Mr. Justice Foster's
Bemarks on the reasonableness of the Rule,
that in criminal Trials no evidence should be
allowed which is foreign to the point in Issue,
ibid. 978 (note).— On the Trial of Count
Coningsmark and others for Murder, Chief
Justice Pemberton would not admit in evi-
dence the Examination of one of the Prisoners
before a Magistrate, because it implicated the
others, 9 vol. 23.-«On the Trial of Lord Grey
de Werk and others for a Conspiracy to de-
bauch Lady Henrietta Berkeley, the Lady was
admitted as a good Witness for the Defend-
ants, ibid. 173. — Before evidence of any thing
done on a Trial can be admitted, the Record
of the Trial must be produced, 10 vol. 1163.
—Chief Justice Jefferies held, on the Trial of
Gates for Perjury, that the Journals of the
House of Commons were not Evidence, be-
cause that House cannot administer an Oath,,
and the Journals are not a Record, ibid, ib.-r-
But ip Lord George Gordon's Trial for Trea^
ion before Lord Mansfield, sworn copies of
the Journals of the House of Commons were
admitted in evidence, 21 vol. 650, — The
printed Journals of the Houses of Parliament
are not Evidence, and only examined copies
are admissible, 29 vol. 685. — Instances in
which the Journals of Parliament have been
!iTen in evidence, 7 vol. 1408, 12 vol. 376.—
t is PQt • general Rule that copies of no
Documents but Records are admissible in
Evidence, if the Originals exist, 21. vol. 650
(note). — ^The correct principle appears to be,
that wherever an Original is of a public nature,
and would be evidence if produced, an inmie«
diate sworn Copy thereof will be Evidence,
ibid. 651 (note). — See Lord Erskine's Opinion
on this subject, on Lord Melville's Trial, 29
vol. 695. — Chief Justice Jefferies refused to
hear a Witness who was called to prove that
he had perjured himself on a former occasion,
10 vol. 1185w— On the Trial of Elizabeth Can-
ning for Perjury, Mr. Baton Legge refused to
admit such Evidence, 19 vol. 632. — In former
times. Evidence of particular acts of miscon*
duct by Witnesses was admitted for the pur-
pose of discrediting them, 7 vol. 1459, 1478,
1485.— The maxim of the Civil Law respecting
this practice, ibid. 1484. — ^Instance in modem
times of Evidence in support of the Character
of a Witness being admitted for the purpose
of establishing his credibili^r» Murphy^s Case,
19 voU 724. — ^Probable Evidence is sufficient
to authorize a Grand Jury to find a Bill, 13
vol. 455. — Original Orders and Rules of Court,
containing the names of theCounsel who moved
them, held to be good Evidence to prove that
that particular Counsel was, at the time they
were moved, at the place where the Court
then sat. 18 vol. 177.— ^Doubts resnecting the
infallibility of circumstantial Evidence, and
its value in comparison with positive Testi-
mony, 19 vol. 73 (note).— Selling a libel by
a servant in a shop is presumptive Evidence
of a publication by the Master, 20 vol. 838,
839. — ^It was held by a majority of the Court
on Hardy's Trial, that a Letter written by a
party to a Conspiracy, and rdating to it, is
admissible in evidence to show the nature and
object of the Conspiracy against a person
charged with being concerned in it, 24 vo1«
473i— In all Cases of general Conspiracy,
where many Agents are employed, the acts of
the Agents may be given in evidence against
a party to the Conspiracy, in order to show
its nature and objects, per Eyre, C. J. in
Home Tooke's Case, 25 vol. 127. — On a Pro-
secution for High Treason in sending intelli-
gence to an Enemy, a Letter sent by one Con«
spirator in pursuance ol the common design
is Evidence against all engaged in the same
Conspiracy, Stone's Case, ibid. 1268,^ ibid.
1277 (note).— The fact that one of several
parties to a Conspiracy brings a Paper to a
Printer to be printed, is Evidence against other
parties to the same Conspiracy to prove a cir-
cumstance in the Conspiracy, but not to affect
the latter criminally with the publication of
the Paper, Hardy's Case, 24 vol. 438.«-*It was
doubted by the Court in Watson's Case«
whether Papers found in the possession of a
party to a treasonable Conspiracy might not
be given in Evidence against aperson charged
with participating in it^ in order to show the
object of the* Conspiracyi without express Evi-
dence that the Papers were to be used in
furthenMAce of the desi^i di vol dGO^-^By
1st
^ENEllAX INDEX TO
fKflMIU»
Hhe Cvni Law, tlie Cofrpiis ]>elicti mnst be
proved by positive testimony before Evidence
can be adfoutted to ascertain the Offender, 14
▼oL 1229, 1246. — ^Discassion of this subject
on die Trial of Captain Green and others in
Scotland for Piracy and Murder, ibid. tK--^
Declarations or ConYersations of a Defendaxtt
npoil a speculative subject, connected with
criminal acts charged against hhn, are Evidence
to show thai h» general Opinions upon that
subject are inconsistent with a criminal inten-
tion in the particular acts upon which the
Charge is founded, Hardy's Case, 24 vol.
1094.— There is no Rule of Law that in Cases
of Treason the Overt Act tttust be proved by
two Witnesses before evidence of a uonfession
Is admissible, Crossfield's Case, 26 vol. 57.--^
In an Action for a Libel in a weekly Paper,
Evidence of the publication of the same Paper
to* other parties and at other times than those
Btated in the DecYwration is admissible to show
that the Ltbel was pubtisbed deliberately and
in the ordinary course of business, and not
accidentally, or by mistiifl^e, Plnnkett tr. Cob-
bett, 29 vol. 69 (note)<-^Probable Evidence of
the destruction of a written document h suf^
ficient to let in secondary Evidence of its cofr-
tents. Justice Johneon's Case, ibid. 437.— On
Franeia's Case for Treason^ where one of the
Overt Acts charged tras the vrriting certain
Letters, the contents of which were not set
out in the Indictment, an Objection by the
Prisoner to the admissibility of the Letters in
Evidence was overruled, 15 vol. 931 ^-^In
Watson*s Case, Evklence of seditious Speeches
by the Prisoner was admitted for the Prosecu-
tion, though they were not set out in the Ih"
dictmeitt, 32 vol. 87. — In a Case of Treason,
where the Prisoner was proved to have taken
a portion of certain printed Placards from a
Printer, it was held that all of thefn were
Duplicate Originals, and therefore, that a Copy
remaining with the Printer might be read in
Evidence for the Prosecution, to show the Pri-
soner's knowledge of their contents, withoat
a .Ndtice to the Prisoner to produce the por-
tion taken away by him, Watson's Case, ibid.
86.— The existence of Peace or War between
England and a foi^ign Country is matter of
notoriety, and need not be expressly proved.
Lord George Gordon's Case, 22 vol. 230.— See
- also what is said as to this by Lord Ellenboroue fa,
in Peltier's Case, 29 vol. 616.—- Discussion whe-
ther the receipt of a Letter in the County of Mid*
dlesex, in the hand-writing of the Defendant,
and bearing the Dublin Post-mark, is suffi-i
cient Evidence to charge the Defendant vnth a
Publication of the Letter in Middlesex without
proof of its actual transmission from Dublin,
Judge Johnson's Case, ibid. 448.— Sir Samuel
RomiUy's statement of the presumptions which
the law makes, in civil cases> against a partv
to a Suit who has destroyed Evidence, ibid'.
119d.-^LaWs of a ibreigu Countty milst be
proved by an authenticated Copy of them, 30
v«l. 49t.-Bookt of History ire, in some
CAses, ftdmiliible la Etidenoe^ ibid. 4^t)^The
Rntes of Evideitee aW Ithe stnie in erii^tiid
and in civil Cases, 25 Vol. 1314, 29 vol. 7d4.
— Instance of a Declaration of a dying penmt
being received hi evidence, vrithout previous
Evicknce that the party examined was ifi im-
mediate apprehension of death, 6 vol. 1325. —
The principle upon which the Declarations of
dying persons are atdmiesibfe va Evidence in
Cases of Murder, 15 vol. 24 (note). — It is a
question for the Court, and not for the Jury,
whether the patty whose dying Declamtion is
offered in Evidence, was conscious of fans im-
mediate danger at the time he made it, ibid.
25 (note). — Remarks on the admissibility of
Evidence of the Declarations of dying persons
by the law of Sc(4land, ibid. 27 (note}.-*Tbe
London Gaxette is evidence of all acts of State,
and the production of it is sufficient to prove
an Averment} in na Infornialion, that ceHaia
Addresses have been presented to the Kingj
because being received by the King in Im
puUio capacity, they become Acta of -State,
Holt's Case, 21 vol- 1218 (note).-— Notice in
the Gaiette of the ratification of Treaties of
Peace with a foreign Country, held to be
evidence of the existence of Peace with that
Country, Quekh's Case, 14 vq). 1084.
EXAMINATION OF WETNESSES. ---Set
Witneiij Crim^Examkiation.
EXAMINATIONS. See ^vid^noe;
DqfoiUiont,
An Examination not signed by the party
examined, but attested by others, allowed in
Sir Walter Raleigh's Case to be Evidence
against a third person, on his Trial for High
Treason, 2 vol. 15. — Examinations in Law are
upon Oath, and if made in Court not upon
Oath, are merely Communications, and not
Evidence^ 4 vol. 932.^-Hume's Account of the
Precognitions or Examinations taken previously
to Trial, by the law of Scotland, 10 vol. 783
(note)d — Examinations before a Coroner, or
Magistrate, may be admitted in Evidence
against a Prisoner if the Witnesses be dead)
or withdrawn by the procurement of the Pri-
soner, 6 Vol. 776. See also 12 vol. 852, and
(note), and 13 vol. 593. — Discussion in Sir
Johti Fenwick's Case, respecting the admissi<*
bility in Evidence against a Prisoner, of Ez^
aminations taken in his absence before a Ma*
gistrate,13 vol. 591. — A Prisoner is not entitled
to demand copies of the Examinations before
the committing Magistrates, either in Cases of
Felony or Misdemeanour, 31 vd. 574.
EXCEPTIONS. See BiU of EtapHm.
Mr. Emlyn's Reason why Defendants m
Crimiual Cases ought not to be deprived of
the opportunity of making even captions Ex-
ceptions, 1 vol.xxxi. — Exceptions to an Indki-
ment cannot be taken after the Jury are sworoi
IS vol. 161.
EXCHEQUER, C*OURT OF.
Reference to Treatises at ^e<;ottrt of £r«
OtmnamJ
THE STATE TRIALS.
183
diequer, 14yol. 37.-**^Loid Chief Justice Treby^s
Aigiiment in the Backers' Case, respecting Uie
power of the. Barons of the Court of Exchequer
.10 dispose of pr to control the Kin^s Revenue,
•ibid; 23.— Lord Somers's celebrated Argument
«pon this Subject, in the same Case, ibid. 46.
—Lord- Jiolt's Argument, in the same Case,
Hhat the Court of Augmentations was not in-
'^orporated with the Court of Exchequer, ibid.
36. — ^Lord Somers's Argument to the Contrary,
ibid. 8i>.-*Lord Somen maintains that the
Barons are subordinate Officers of the Court of
Exchequer, ibid« 64.
£XCH£QU£IUCHAMB£B, COURT OF.
Opinion of the Majority- of the Judges in the
Bankers' Case, that in the Court of Exchequer-
Chamber, erected by Stat. 31 £dw. 3, c. 12, to
determiDe Writs of Error from the Common -
Law side of the Court of Exchequer, the Lord
Keeper, or Lord Chancellor, may give Judg-
fiieet according to his own Opinion, though it
differs Drom that oi the majority of the Judges,
H Yol. 105.
EXCOMMUNICATION.
The practice of the Eoclesiastical Courts in
pronouncing Sentence of Excommunication
upon ininute Offences, animadrerted upon by
Mr. Emlyn, 1 vol. xxt. — Discussion respect-
ing Excommunication in Ecclesiastical Courts
at the Hampton Court Conference, 2 vol. 72. —
Donald Cargili's Excommunicatiolk of Charles
the Second, and other enemies of the Covenant,
commonly called the Torwood Excommunica*
tion, 15 vol 672 (note).
EXECUTION.
Lord Bacon's Remarks on the King's power
to alter the Execution of a Sentence in cases
of Treason and Felony, 7 vol. 1539 (note). —
Remarks on the Execution of persons convicted
of capital crimes by the Law of Scotland, 10
vol. 844 (note). — Discussion of the Question,
whether in Criminal Cases the manner of Exe-
cution may vary from the Judgment, 1 1 vol.
376 (note). — Mr. Emlyn commends the prac-
tice of some foreign Cfountries that the Magis-
tmte sbottKi be present at the Execution of a
Sentence atid give directions about it, i vol,
xxxvi,
EX-OFFICIO INFORMATIONS.
See It^onnaUoTh
' ObennatloBS on Et-Officio Informations,
in the celebrated Letter ascribed to Lord C«n- ;
den, respecting ^ Seicure of Papers, &c. by the
ftrther of Candour,*' 20 vol. 677 (note).— Mr,
Home ToMce*s Animadversions upon them,
ibid. 677%—* Argument against them intended
\o bave been delivered in the Court of King's
Bench %y Mr. Earberry, ibid. 856. — ^The Court
wiH not tjoash aii £x-(>fficio Information, but
Will leave it to the Attorney General to enter
ft noh pioseq«i| 91 ^» 10484--4q the Absence
of the Attorney General a Criminal Informa-
tion may be filed ex-officio by the Solicitor
General, 19 vol. 1102. — ^Reasons against this
doctriUQ^ assigned in support of the Writ of
Error, in Wilkes's Case, 20 vet. 799.— Opinion
of the Judges in the House of Lords, in Wilkes's
Case, that an Information nay be filed by the
Solicitor General, and that it is tiot necessary
to aver upon the Record that the ofiice of ^
Attorney General is vacant, 19 vol. 1127. —
Outlawry lies upon an fo-Officio Infonnation,
ibid. 1104. — Mr. BattiAgt(m expresses au
Opinion that the power of the Attorney General
to file Informations ex-officio is borrowed from
the Civil Law, 1^ vol. 1371 (note).
EXTORTION.
Mr. Emlyn's Remarks upon the Extortion
commonly practised by Gaolers upon their
Prisoners in his time, 1 vol, xxxvii.
FALSE IMPRISONMENT. See Papilhth
Thanms; Lswh^ Dryden.
FALSE RETURN.
Argumetits of Sir Robert Atkins and Sir
William Ellis, in the Case of Bamardiston
against Soames, that an Action will lie against
the Sheriff, or Other returning Officer, for
making a double Return to a Writ of Election,
6 vol. 1070.— Lord Chief Justice North's cde-
brated Argument in the same Case, to the
contrary, ibid. 1092.— By Stat. 7 and 8 Will.
3, c. 7, if any person shall return a Member to
serve in Parliament contrary to the last deter-
mination of the House of Commons, of the
right of Election in the place for which the
Return is made, it shall be adjudged a false
Return, 14 vol, 781 (note).
FEALTV.
Renunciation of Fealty by the Prelates.
Earls, and Barons, to Edward the Second, 1
vol. 48.— Resignation of Fealty and Homage
by the States of the Realm to Richard the
Second, ibid. 152.
FEAR.
The Fear of having Hpuses burned or Goods
spoiled, is no excuse in Law, for joining and
marching with Rebels, Macgrovnher's Case, IB
vol. 893, and (note).— The only Fear which will
excuse is a present Fear of death, and this Fear
must continue all the time the-party remains
with the Rebels, ibid. 394.
FEES.
Mr. Emlyn's Auimadversiens upon the prac-
tice of allowing Fees to Gaolers, 1 vol. :|xxvii«
— Injustice and illegality of compelling persons
arrested by order*of the House of Cqmmons to
pay Fees to tlie Seijeant at Arms, 8 vol. 10. —
Question respecting the right of the Strjeael
at Arms to take Fms, ibid. ib>
184
GENERAL INDEX TO [Miaemi.*
FELONY. FOBCE.
Argument that a person attainted of Felony,
though pardoned, cannot be a Witness, 7 vol.
1085.— >£ffect of burning in the hand for Felony,
in restoring the competency of a Witness^ ibid.
1090. — Disabilities consequent upon a Convic-
tion for Felony at Common Law, 13 vol. 1016.
-^The term Felony at common law said to
import nothing more than an enormous Crime,
8 vol. 209. — Mr. Emlyn's Observations on
Trials for Felony, by the Law of England, 1
vol. xxxi.
FEME COVERT, See Hmbandand Wife.
FETTERS. See Irofif.
FIERY CROSS.
Amot's Account of the ancient method of
summoning the Clans of the Chieftains in the
Highlands of Scotland by the Fiery Cross, 14
vol. 354.— Description of it by a Witness on
the Trial of Lord Loyat, 18 vol. 676.
FIFTH MONARCHY MEN. See Jama, John.
Echard's Account of the Insurrection of the
Fifth Monarchy Men under Venner soon after
the Restoration, 6 vol. 67 (note). See also a
further Account, ibid. 104 (note). — Burnet's
Account of Venner's Tumult, and its conse-
<][uences, ibid. 113.
FINES.
*
Mr. Emlyn's Remarks on Excessive Fines,
Em. Pref. 1 vol. xxxv. — ^The Imposition of ex-
orbitant lines was said by Sir John Hawles to
be one of the causes of the disaffection of the
Nation to the Stuart Government, 8 vol. 426. —
Remarks on the illegality of excessive Fines
imposed by Courts of Justice, 11 vol. 1361. —
The distinction between a reasonable Fine and
^ Fine certain in Admittances, &c. 17 vol.
914.
FIVE JESUITS. See Whitchread, Thomai.
FIVEMEMBERS.SeeKi»i6o/r(m,Et/t«>flrd',Xord
FIVE POPISH LORDS. See ^ord,
WUliam^ Vmount.
FLEET MARRIAGES.
Mr. Cruise says, that in the Case of the
Barony of Sajand Sele, a Certificate of Mar-
riage by the SSinister of the Fleet was offered
in Evidence, and though it does not appear
whether it was received as Evidence, the Mar-
riage was held good, 14 vol. 1367 (note).—
Before the Marriage Act, Fleet Marriages were
clearly legal, 14 vol. 1367 (note).
FLIGHT.*
.1
Lord Mansfield says, in his celebrated Judg-
ment in Wilkes's Case, that in Criminal Cases,
Fli(;ht is in itself a Crime^ 19 vol. 1098^
The fear of having Houses burned or goods
spoiled is no excuse in law for joining Rebels,
Macgrowther's Case, 18 vol. 393.^-The only
force which excuses from criminal responsi-
bility is a force upon the person and present
fear of death, ibid. 394.
FORCIBLE MARRIAGE.
Trial of Haagen Swendsen for forcibly
marrying Pleasant Rawlins, 14 vol. 559. — It
was held by Lord Holt in that Case, that if the
first taking away were forcible, Ihe offence
under the Statute of Henry the Seventh is com*
plete, though the woman afterwards consents
to the Marriage, ibid. ^95. — The same point
seems to have been held by Mr. Justice Law*
rence in a late Case, ibid. 596 (note).
FOREIGNERS. SeeJ^ien.
Instances in which the Kings of England
formerly exercised the power of sending Fo-
reigners out of the Realm, 15 vol. 528 (note).
— Discussion of the Question, in the Case of
Fabrigas v. Mostyn, whether a Foreigner can
maintain an Action in the Courts of this
Country for a personal wrong sustained by him
in his own Country, 20 vol. 194. — Discussion
of the Question, whether a Foreigner resident
in his own Country is responsible to the Laws
of England, for an offence against those Laws
in England, Mr. Justice Johnson's Case, 29
vol. 394. — On the Trial of a Foreigner for pri-
vately stealing in a Shop, Mr. Justice Foster
directed the Jury to acquit him of that charge,
because the Prisoner could not be presumed
to know of the existence of the Statute creating
the Offeuce, ibid. 398. — But in Mr. Justice
Johnson's Case, this Decision was said by the
Court not to be Law, ibid. ib«
FOREIGN LAW.
The vnritten Laws of foreign Countries most
be proved by authenticated Copies of the
Laws, 30 vol. 491.
FORFEITURE.
Mr. Hume's Observations on the Law of
Scotland respecting Forfeiture9 on Convictions
for Capital Offences, 10 vol. 1009.
FORGERY.
Proceedings in Parliament in 1647 in a Case
of the Forgery of a private Act of Parliament,
4 vol. 951. — indictment at Common Law, for
forging a Promissory Note, 17 vol* 162.— On
the Trial of an Indictment for Forgery at dom-
mon Law, it was held, that where there was no
direct proof of the Forgery, but circumstances
were proved partly in one County and partly
in another, the Venue is rightly laid in either
County, Hales't Case, ibid. 202.— It was for-
merly doubted whether the making use of the
name of another penoi^ for a different {>urpos9
CoKmm.]
THE STATE TRIALS.
185
Aan that deaigaed by himself, was Forgery, | were, sworn, ibid, ih.-*Mr« Emlyn's Remarks
ibid. 243. See Hales^ William; Kmnertl^^ I on the true design of Gaol Dehveries, 1 tqL
Thma»: Murphy, Timothy ; Nundocomar* zxxviii.
FRAUD.
Frauds which would only be the subject of a
CiTil Action if committed against an . Indi?i-
doal, become indictable when committed
against the Public, Bembridge's Case, 22 vol.
FREEHOLD.
It was decided upon Argument in the Case
of Lord Russel, that the want of freehold is no
gnmnd of Challenge to a Juror in London, 9
vol. 591;-*-Sir John Hawles's Remarks upon
das DecisioD, ibid. 795.— Discussion of the
Qiestion, whether in Counties or Corporate
Cities, the want of Freehold is an Objection
lea Grand or Petit Juror, 31 toI. 579. — ^In
Sheridan's Case it was held by the Court of
King's Bench in Ireland, to be no Objection,
ftid. 611.— It was held in Townley's Case,
nace the Statute 4 and 5 Will, and Mary, c.
24, S.15, that if a Juror had a Freehold and a
C(^hoid Estate, which taken together
amounted to 10/. a year, it was a sufficient
qoaiificatioD, though the Freehold alone was
under 10/. 18 vol. 348.
FREEHOLDER.
Id ancient times the Freeholders had the
right of electing Sheriffs, Conservators of the
Peace, and Lora-Lieutenants, 13 voL 1406. —
Every Freeholder has an original and funda-
mental right, which is part of his freehold, to
vote at Elections for the Knights of the Shire,
14 vol. 782.
FRIGIDITY. See Impotence; Divorce,
GALLOWAY MEN.
Proceedings in the Court of Justiciary in
Scotland against several persons of the Shire of
Galloway for High Treason, in being concerned
in the Rebellion of Bothwell Bridge, 34 Car.
2, 1682, 11 vol. 909. — Evidence against them,
ibid. 938. — They are found Guilty, and sen-
tenced to death, ibid. 945. — ^Wodrow's Account
of these Proceedings, ibid. 909 (note).
GAOLDEUVERY.
The Judges. of the Court of Riug's Bench
are Sovereign Justices of Oyer and Terminer
aod Gaol Delivery, 2 vol.758.— Commissioners
pf Oyer and Terminer and Gaol Delivery cannot
by the Common Law sit during term in. the
same County with the Court of King's Bench,
ibid, 759. — A Tales cannot be granted under
a Commission of Gaol Delivery, 13 vol. 322,
326. See also 18 vol. 863. — Practice respects
i^g the Jury Process under a Commission of
Gaol Delivery, 13 vol. 326. — In a Court of
Gaol Delivery,.if a Trial goes off for default of
Jarors, the Trial may afterwards be had by a new
Jury Panel^ though several of the first Jurors
GAOLS AND GAOLERS. See
Oppressions and Extortions of Gaolers not
sufficiently guarded against by the Law of Eng-
land, Em. Pref. 1 vol. xxxvii. — Gaolers should
be paid by regular salaries, and not by fees
taken from their Prisoners, ibid. ib. — Evil
Consequences of the common management of
Gaols, ibid, xxxviii. — Fetters should not be
used in Gaols unless where there b danger of
an Escape, ibid, xxxix.— Report of the Com-
mittee appointed by the House of Commons in
1729, to inquire into the state of Gaols in Eng*
land, 17 vol. 297. — If aPrisonerdies by duress of
the Gaoler, it is Murder, ibid. 375. — If a Gaoler,
knowing that a Prisoner with an infectious
disease lodges in a certain room in the Gaol,
confines another Prisoner in the same room
against his will, in consequence of which the
latter catches the disease and dies, it is Murder
in the Gaoler, Bambridge and Corbet's Case,
ibid. 453 and ib.(DOte).— -Many recent improve-
ments in the Management of Gaols, ibid.
617. — ^Lord Coke's Opinion respecting the
mode of treatment proper to be observed
with regard to Prisoners, ibid. 618. — Discus*
sion oh a AVrit of Error in the House of Lords
in the Case of Hart and White, respecting the
power of the Court of King's Bench to sentence
persons convicted of Offences in that Court, to
imprisonment in other Gaols than those belong-
ing to the Court, or to the Counties in whidi
the Offences were committed, 30 vol. 1325. —
Opinion of the Judges on that occasion, that
the Court of King's Bench has the power of
imprisoning in any of the King's Gaols in
England, ibid. 1344. See Huggini, John; ActoUf
WUliamj Bambridge, Thomas*
GAZETTE.
Notice in the London Gazette of the Ratifi-
cation of Treaties of Peace vnth a foreign
Country, held to be Evidence of the existence
of Peace with that Country, Quelch's Case, 14
vol. 1084. — ^The Gazette is Evidence of all Acts
of State; and the production of it is sufficient
to prove an Averment in an Information that
certain Addresses have been presented to the
King, because being received by the King in
his public capacity, they become Acts of State,
Holt's Case, 22 vol. 1213 (note).
GENERAL CONVENTION.
Minutes of a political Association in 1793
at Edinburgh, called the General Convention
of the Friends of the people, 23 vol. 391. See
Margaroty Maurice; Skirving, WUUam; Oer*
rddf Joseph ; Muir, Thomas,
GENERAL WARRANTS. See Secretary of
State,
Arguments upon the validity of General
W'arr^ts in Sir Thomas DameU's CasQj a vqI.
166
GENERAL IKDtlX TO
CHMSLt.
6.-~Argam^nts on the isame subject in
Stroud's Case, ibid. 241. — ^Discussions of the
Question whether General Warrants are legal,
in tiie Case of Leach v. Money, 19 vol. 1018,
103Q»-*Lord Mansfield seems to have con-
sidered them to be illegal, ibid. 1026.— The
Judgment of the Court of Common Pleas
delivered by Lord Camden, declaring General
Warrants for the seizure of t^apers illesal, ibid.
1044. — Lord Camden*s Opinion to the same
effect, given in his Charge to the Jury in
the Case of Wilkes t?. Wood, ibid. 1167.—
There appears to have been no direct decision
of the (Jourts of Law that General Warrants
are universally illegal, ibid. 1076. — ^The House
of Commons resolve in 1766, that General
Warrants are universally illegal, ibid. 1075.
GLENCOE, MASSACRE OP.
Proceedings in the Parliament of Scotland
respecting the Massacre Of Glencoe, 7 Will. 3,
1695, 13 vol. 879, — Commission of Enquiry,
ibid.j ib, — ^Report of the Commissioners, ibid.
896. — Particular Account of the Massacre,*ibid.
900.— Resolved by the Parliament of Scotland
to be a Murder, ibid. 911. — Address of the
Parliament to the Ring respecting it, ibid. 913.
— ^^Mr. Laing*s Remarks upon the Massacre
and these Proceedings, ibid. 881 (note).
GOOD BEHAVIOUR.
Opinion of the Judges in the House of Lords
in the Case of Hart and White, that the Court
of Ring's Beneh has the power of requiring
sureties for Good Behaviour for a reasonable
time from persons convicted of Crimes in that
Court, 30 vol.1334.
GOWRTE CONSPIRACY.
Proceedings of the Parliament of Scotland
respecting the Gowrie Conspiracy, 42 Elix.
1600, 1 vol. 1359.— Depositions of the Wit-
nesses before the Lords of the Articles, ibid.
t363.^Ac0ount of the Conspiracy from Lord
Somers's Tracts, ibid. 1383.
PRAND JURY.
In the Case of the Regicides, it was resoWed
by all Ihe Judges that the Counsel for the
Crown taiight conduct the Evidence before the
Grand Jury, 5 vol. 972.— Sir John Hawles's
Animadversion on the practice of admitting
Counsel before a Grand Jur^, ibid. ib. (note).
— In Hardy^s Case the Solicitor for the Crown
attended the Grand Jury at their desire,
and by leave of the Court, ibid. ib. (note).
— In Crossfield's Case the Solicitor for the
Treasury applied to the Grand Jury to be
permitted to be present while the Witnesses
on an Indictment for Treason were examined,
but the GrandJury, upon deliberation, refused
the Application, 8 voK 773 (note).— In the
Earl of Shaftesbury's Case the two Chief Jus-
tices, Pemberton and North, decland that ithad
always been the>praetice to examine the Wit-
neiseg before the Grand Jury in open Court,
if the Counsel for the Prosecution desired it,
iWd. 771, 7t5.— Instance in the Reign of
Charles the Second of an Exception being
taken by a Prosecutor to some of the Grand
Jury supposed to be favourable to the Prisoner,
and allowed by the Court, 7 vol. 249. — Vio-
lent Conduct of Jeflferies when Reoorder of
London, to a Grand Jury on their throwing
out a Bill of Indictment for a Political Libei,
ibid. 942.-^ir John Hawles's Ranarks upon
the necessity and importance of Grand Juii^,
and on their duties respecting the finding of
Indictments, 8 vol. 838.— -These Remarks
quoted by Mr» Home on his Trial for a Libel
before Lord Mansfield, 20 vol. 682.— ^BUelt-
stone's Account of the Qualificationa and
Duties of Grand Juries, 8 vol. 821 (note). — ^A
Grand Jury may present all matters wtthib the
scope of their Charge and Authority, which
they either know themselves^ or are infoniicd
of by others, without confining ihemeelves tv
Bills formally presented to them, 10 vol. 1350^
-—Probable Evidence i^ sufficient for a Grand
Jury to find a Bill upon, 13 toL 4J»5.«^^Fona
of the Oath administered td a Grand Jury, 8
vol. 759, 772 (note).--Sir John Hawlea's Bt-
marks on the Oath, ibid. 8S9.«-rotm of a
Challenge by a Prisoner to a Grand Joior for
holding an Office under the Crovro^ 31 vol<
548. — Discussion in Dr. Sheridan's Case in the
Court of King's Bench in Ireland, upon
the validity of such a Challenge, ibid. 549. —
A Majority of the Court decide against the
Challenge, ibid. 566.-— >Discussion wfaetiier in
Counties of Corporate Cities the want of Free«
hold is an objection to a Grand Juror, ibid*
579.--*-Plea in Abatement to an Indictment
that several of the Grand Jurors who found the
fiiU were not Freeholders, within the City of
Dublin, ibid. 576.— The Court of King's
Bench in Ireland decide that it is not a good
Objection, ibid. 611. — Arguments on the re*
quisite qualifications of Grand Jurors^ ibid.
580, — ^In Watson's Case Lord Ellenborongh
expresses a doubt whether a Witness may not
give Evidence of what he swore before the
Grand Jury, 32 voL 107.
GREENWICH HOSPITAL. See Bt^Ue,
Captain Thomat.
Proceedings in the House of Lbrds in l779i
upon an Inquiry into certain alleged Abuses
and Mismanagement by the Directors of Green-
wich Hospital, 21 vol. 72.— Evidence before a
Committee of the House, ibid. 76. — Evidence
upon the charge of introducing Powers and
Authorities into the new Charter without the
sanction of a General Court of Governors,
ibid. ib. — Evidence upon the Charge Of ap*
pointing Officers in the Hospital who wei« net
seafaring Men, ibid. 106.-^£vidence uponth^
Charge of appointing Landmen in the Council
of the House, ibid. 125.*-Evidence upon Ike
Charge of renewing Contracts for Meat with a
Butcher who had been convicted of fraUdn*
lently supplying bad Meat to the Hospital, ibid.
128.^£vidence upon the Charge of adnftUng
Clerks and ServaQts^ not being teafiirkig Mes^
CoMMnw/]
THE STATE TRIALS.
187
into Apattments ii^ the Hospital, atid into the
Wards of the Pensioners, ibid. 160. — Evidence
on the Chs^e of giving Money instead of
Provisions to a large proportion of the Pen-
sionets, ibid. 168. — Evidence on the Charge
that this Abuse had been represented by the
Council of the House to the Directors without
effect, ibid. 170. — Evidence upon the Charge
of misapplying the Fund, called the Charity
Stock, ibid. 176. — Evidence upon the Charge
of Abuses in the Clothing and Washing of the
Pensioners,ibid. 180.— I^idence on the Charge
of providing bad Provisions and Beer for the
Hospital, ibid. 197. — Evidence respecting
Abases in the Linen supplied to the Hospital,
ibid. 216. — Evidence on the Charge ot not
adopting proper Regulations with respect to
security against Fire, ibid. 229. — Evidence
respecting the origin and conduct of the Pro-
secutions against Captain Baillie, ibid. 236. —
Evidence respecting proposals from Captain
Baillie to Lord Sandwich to quit l)is situation
in the Hospital on having an equivalent pro-
vided for him, ibid. 332. — Evidence on behalf
of the Governors of the Hospital, ibid. 417. —
Resolutions proposed by the Duke of Rich-
moud negatived by the Committee, ibid. 477.
"-Resolutions of the Committee negativing all
the Charges of Mismanagement and Corrup-
tion, ibid. 484.
GRENADA, ISLAND OF.
The Case of th« Island of Grenada, being
an Action for Money had and received, to try
the Validity of a duty imposed by the Crown
upon exports from the Island, 20 vol. 239.'-*
The Pleadings, ibid. ib.--The Special Verdict^
ibid. 241 .^^Mr. Alleyne's Argument for the
Plaintiff, ibid. 258.— Mr. Wallace's Argument
for the Defendant, ibid. 277. — Mr. AUeyne*s
Reply, ibid. 281.^ — ^The Court order a second
Argument, ibid. 287."— Mr. Macdonald's Aiv
gument for the Plaintiff, ibid. ib.-^Mr. Har-
grave's Argument for the Defendant, ibid. 293.
—Mr. Macdonald's Reply, ibid. 303.— The
Court grant a Third Argument, ibid. 306. —
Serjeant Glynn's Argument for the Plaintiff,
ibid. ib. — ^Argument of Mr. Thurlow (Attor-
ney General) for the Defendant, ibid. 312.-*
Seijeant Glynn's Reply, ibid. 307. — Judgment
of the Court for the Plaintiff delivered by Lord
Mansfield, ibid. 820.— Criticism of this Judg-
ment by Mr. Baron Maseres, in the Canadian
Freeholder, ibid. 333.
GUARDS.
Discussion of the legality of the King's keep*
iog Guards^in time of Peace for the preserva-
tion of his person, 9 vol. 765.
GUNPOWDER PLOT.— See Winter, Robert ;
. Dighy^ Sir Everard; Gametty Henry.
History of the Gunpowder Plot, written by
James the, First, 2 vol. 195.— Deposition of
Guy Fawkes respecting it, ibid. 202.
HABEAS CORPUS.^See DameU, Sir
Mr.Emlyn*sRemarksupontheWritofHabea^
Corpus a Provision by the Law of England
for the Liberty of the Sul^ect, Em. Pref. 1 vol.
xxvii. — In a Return to a Writ of Habeas Corpus
the Officer must return the primary, and not
merely the subsequent, cause of the Imprison'*
ment, ibid. 13. — ^Arguments On the question
whether it be sufficient to return to a Habeas
Corpus generally that the party was committed
by the special Command of the King, ibid. 6.
— Mr. Serjeant Bramstou's Argument ft)r Sir
John Heveningham, against the Sufficiency of
such a Return, ibid. 6. — Mr.Noye*s Argument
to the same effect for Sir Walter Eari, ibid. 11.
— Mr. Selden's Argiftnent for Sir Edmund
Hampden against such a Return, ibid. 16»—
Mr. Calthorp's Argument for Sir John Corbet
against the Return, ibid. 19.— Argument of the
Attorney General (Heath) in support of the
Return, ibid. 30. — ^Judgment of the Court in
favour of the Return, ibid. 51* — Argunaents
on the validity of a similar Returt^, and that
the Prisoners were couimitted by the Lords of
the Council for Contempts generally, ibid. 241.
— ^Argument that the same degree of certainty
is not required in a Return to a Writ of Habeas
Corpus as in a Count or Plea, ibid. 248. —
Captain Streater'sAr^ment against the validity
of a Return to a Wnl of Habeas Corpus that
the Prisoner was committed by an Order of
Parliament, 5 vol. 3 73. —Form of a Writ of
Habeas Corpus from the Upper Bench during"
the Commonwealth, in 1653, ibid. 365.-— Form
of a Writ of Habeas Corpus from the same
Court after the commencement of the Protec-
torate in 1654, ibid. 389.— The Habeas Corpus
said to be a Writ of Right, and issuable with*
out an Affidavit of the parly, 18 vol. 19.— It h
an Escape to bring a Prispwer in Execution
out of the Rules of the Prison Without a Habeas
Corpus, though for the purpose of being a Wit-
ness, and by order of the Court, 7 vol. 1201,
10 vol. 1081.— A Writ of Error does not lie
upon a Habeas Corpus, 14 vol* 648. — The
Court of Common Pleas doubted in Wilkes's
Case, whether it was a sufficiently certain
Return to a Writ of Habeas Corpus to the
King's Messengers, that the Prisoner was not
at the time of coming of the Writ, and had not
been at any time since, in their Custody, when
it sufficiently appeared that he had been in
their Custody at the time of the issuing t}f the
Writ,19Vol.983.—PrivateDiscussions between
Mr. Justice Foster and other Judges, respect-
ing the issuing of Writs of Habeas Corpus
during the Vacation, 20 vol. l&74.-r*Argu-
ments in the Case of the Seven Bishops, npon
the regularity of charging persons with a
Criminal Information upon their being brought
into Court by Habeas Corpus, 12 vol* 202*
HAMEStrCKEN.
Explanation of the nature of the Offence so
called by the Law of Scotland, 99 voU iOt
(note).
188
GENERAL INDEX TO
CMuflSlX.*
HAMPTON COURT.
Proceedings at the Conference at Hampton-
Coarty gamnraned by James the First respecting
the Reformation of Religion, 2 toI. 69.
HANDWRITING.
In Coleman's C^e, in 1 678, Hand-writing was
proved bj Evidence as to belief, 7 vol. 34. —
Evidence to belief as to Handwriting held suf-
ficient in Laser's Case, 16 vol. 205.— Evidence
of Handwriting by a comparison of writings is
not admissible, 9 vol. 864 (note), 15 vol. 923.
— Discussion of this point in the Case of the
Seven Bishops, 12 vol. 296.— Summary of the
Cases and I^w on this Subiect by Mr Wynne
in his Speech in Defence of Bishop Atterbury,
16 vol. 546. — Remarks on the proof of Hand-
writing in Sidney's Case, 9 vol. 864 (note).
— ^Lord Chancellor Eldon's Remarks in the
Case of Eagleton v. Kingston,on the mode of
proving Hand-writinff,, 12 vol.305 (note). —
Mr. Serjeant Peake's Observation on the reason
of the mode of proving Hand-writing now in
use, ibid. 306 (note).— In a Criminal Case,
where a Paper is proved to come from the
custody of the Prisoner it may be read in Evi-
dence against him without proof of his Hand-
writing, Layer's Case, 16 vol. 906.— Caution
with which Evidence of Hand-writing should
be acted upon by Juries in Criminal Cases, 21
vol. 779.— There is no difference in the degree
of Strength of Evidence necessary to prove
Hand-writing in Civil and Criminal Cases,
jbid. 810. — Remarks upon the liability to mis-
take in Evidence to Hand«writing, 29 vol.475.
HANGING IN CHAINS.
Hanging in Chains is not made a part o^
the Judgment, but the Judge before whom the
party is tried, makes a Special Older to the
Sheriff, pursuanttoapowerfortbat purpose con-
tained in the Act of Fariiament, 18 vol. 1201.
HASTINGS, TOWN AND PORT OF.
Trial of the Right of Henry Moore to be
admitt^ as a Freeman of the Town and Port
of Hastings, on a Mandamus to the Mayor,
Jurats, and Commonalty, 10 Geo. 2, 1736, 17
▼ol. 845.*— The Mandamus, ibid. ib. — ^Answer
thereto, ibid. 847.-— The Counsel for the
Plaintiff open their Case, ibid. 848. — Evidence
for the Plaintiff, ibid. 853.— Objection to
reading in Evidence an ancient Customal
of the Cinque Ports to prove a Custom
within the Town of Hastings, ibid, ib.— Lord
Hardwicke receives the Evidence, ibid. 854.—
Speech of the Attorney General (Sir John
Willes) for the Defendants, ibid, 886.— Serjeant
Skinner's Speech on the same side, ibid. 893.
—Evidence for the Defendants, ibid. 895.—
The C^nsel for the Plaintiff reply, ibid. 906.
—Evidence in reply^ ibid. 908.— Mr. Strange
snms up the Evidence in reply, ibid. 910.—
Lord Chief Justice Hardwicke's Charge to the
Jury, ibid. 915.— The Jury find a Special
Verdict fgr the Pl^intiffa which is afterwards
argued and determined by the Coiiit ia his
favour, ibid. 924.
HEARSAY EVIDENCE.
Evidence of the Testimony of an absent
person on a former occasion, allowed against a
Prisoner on his Trial for Felony, 32 Eliz. 1 vol.
1282. — Chief Justice Jefferies's rejection of
Hearsay Evidence in the Case of Hraddon and
Speke, 9 vol. 1189. — Discussion respecting the
admissibility of Evidence of the Declaration of
a deceased person made ante litem motam
respecting her being Godmother to a Child, 17
vol. 1160. — ^The principle upon which the
Declarations of dying persons are admissible
in Cases of Murder, 16 vol. 24 (note).
HEIRESS.
Trial of Haagen Swendsen under the Stat. 3
Hen. 7, for forcibly abducing an Heiress, 14
vol. 559.
HERESY.
Particulars of Wickliffe's Heresies, 1 vol. 67,
71. — Stat. 5 Rich. 2, c. 5, enjoining Sheriff^ to
apprehend Heretical Preachers, ibid. 86. — ^The
two first Statutes against Heresy are 5 Rich. 2,
c. 5, and 2 Hen. 4, c. 15, ibid. 174 (note). —
Other Statutes relating to Heresy, and the state
of the Law on this subject at the present day,
ibid. ib. — Reference to Authorities respecting
the Law of Heresy, 2 vol. 729 (note). — ^War-
rant of James the First to the Lord Chan-
cellor to issue the Writ de Heretico Com-
burendo in the Case of Wightman and Legatt,
ibid. 731, 734.— Form of the Writ, ibid. 732,
736. — Opinion of Whitelocke that Heresy was
never punishable by the Common Law. with
Death, notwithstanding the Writ De Heretico
Comburendo, 5 vol. 825. — Difference between
Heresy and Blasphemy, ibid. 826. See Thorpe,
Waiiam ; Badby, John ; WickUffe, John ; Satdre,
William; OlddatU, Sir John i Crammer^ Thomas;
Legatt f Bartholomew,
HIGH COMMISSION COURT,
-^ee EcdesiaUical Commitnom.
Account of a Court so called, established by
Stat. 1 Eliz. c. 1, for the Superintendence of
Ecclesiastical Affairs, 11 vol.1123. — Form of
a Commission issued by Queen Elizabeth under
this Statute, ibid. 1132.— Stat. 16 Car, 1, c. 1 1,
abolishing this Court, ibid. 1141.
HIGH CONSTABLE.
By the Attainder of Edward, Duke of Buck-
ingham, in 1522, the Office of High Constable,
which was hereditary in his family, reverted to
the Crown, and has ever since remained
dormant, except when granted for particular
occasions, 1 vol. 298, 3 vol. 483 (note).
HIGH COURT OF JUSTICE.
Act of Parliament for erecting the High
Court of Justice for the Trial of Charles the
First, 4 vol. 1045.— Arguments against the
Validity of the High Court of JusUce esti^
CtfURini]
THE STATE TRIALS.
id9
lisbed in 1650, 5 toI. 13. — ^Account of the
Establishraentof High Courts of Justice duriug
the Pirotectorate, ibid. 942.
HIGH STEWARD.— See ConmiukmsofHigh
Stetoardi,
It was declared by the House of Lords in
the Course of the Debates previous to the Trial
of Lord Stafford^ that the Office of Lord High
Steward is not necessary upon Trials of Peers
upon Impeachments^ and that the House may
proceed to the Trials though the King refuse to
appoint a fiigh Steward^ 7 toI. 1278.-^ Dis-
cussions in the House of Commons, in.theEarl
of Danby^s Case, respecting the necessity of
appointing a Lord High Steward on the Trial
of an Impeachment by the Commons, 1 1 vol.
792. — Id Lord Delamere's Case Lord Chan-
cellor Jefferies says, that in the Trials of Peers
during the Recess of Parliament, the Lord High
Steward is the sole Judge of the Court, though
he is not entitled to vote on the Issue of Guilty
or not Guilty, but that in Trials during a Ses-
sion of Parliament, he acts only as Chairman to
the Court, and votes with the other Lords,
ibid. 562. — Mr. Barrington's Opinion that the
Lord High Steward need not be a Lord of
Parliament, 19 vol. 964.
HIGH STEWARD'S COURT.
Mr. Justice Foster's Account of tbe distioo*
tion between the Court of the Lord High
Steward and the Court of the King in Parlia-
menty 19 vol. 961. — Serjeant Maynard states
the same distinction in the Debate previous to
the Trial of the Impeachment of tne Earl of
Danbv, 11 voL 792. — Lord Chancellor Jef-
i&ness Observations on the difference between
these two modes of Trial in the Case of Lord
Delamere, ibid. 562. — It was held by the
Judges in Lord Audley's Case, that on a Trial
in the Court of the High Steward the Lords might
eat and drink before they were agreed, but that
they could not separate or adjourn till they
gave their Verdict, 3 vol. 403. — Discussion
respecting the propriety of the Adjournment of
a Trial in the nigh Steward's Court at the ap-
plication of the Prisoner, in the Case of Lord
Delamere, 11 vol. 560. — Resolved in Lord
Audley's Case, that the Verdict cannot be given
by a lets number of Lords than Twelve, and
that if Twelve are for a Conviction, and Thir-
teen for an Acquittal, the Prisoner must be
acquitted, 3 vol. 403. — ^If there be Error in
the Proceedings of this Court, a Writ of Error
may be brought in the King's Bench, per
Whitlock, J. in Sir John Elliott's Case, 3 vol.
308. — The Summons to the Peers in the Case
of the Countess of Somerset was signed by
the Lords of the Council, 2 vol. 951.— Lord
Chancellor Jefferies says in Lord Delamere's
Case, that the Peers are convened by the Sum-
mons of the High Steward, 11 vol. 562.
— Detail of the ceremoiiial of the Court by
Mr. Gregory King^ Lancaster Heraldi 15 vol.
771(note),
HISTORY.
Chief Justice Jefferies in Lady Ivy*s Case,
refused to admit a printed History to show the
date of the resignation of the Emperor Charles
the Fifth, 10 vol. 625. — Books of History said
by Lord Ellenborough in Governor Picton's
Case, to be sometimes admissible in Evidence,
30 vol. 492.
HISTRIO-MASTIX.— See Ptynn, WilUam.
HOMICIDE.— See Chanee^UBdUy;
MamUmghter; Murder.
Discussion in the Case of Archbishop Abbot,
whether involuntary and casual Homicide be
an irregularity by 4he Canon Iaw, 2 vol. 1165,
1169. — ^Argument in the.Information^n Carne-
gie's Case, that involuntary Homicide was not
a capital Offence \)y the Mosaic Law, 17 vol.
98. — ^Argument that it was not capital by the
Roman Law, ibid. 106.— Abstract of several
Scotch Acts of Parliament upon the Subject,
ibid. 151. — Difference between tbe Law of
England and Scotland respecting the degree
of provocation which justifies Homicide, 16
vol. 10 (note). — If Bailiffs kill a Prisoner
under a reasonable apprehension that he is
about to rescue himself forcibly from their
lawful Custody, it is justifiable Homicide,
Reason and Tranter's Case, ibid. 52. — Blows
given in the first instance by the deceased
said Ito be a sufiicient Provocation to reduce
the Offence from Murder to Manslaughter,
ibid. 53. — ^Remarks of Hume and Burnett upon
the Law of Scotland respecting Homicide in
resisting Officers, 19 vol. 879. — ^Mr. Justice
Foster observes that ancient Writers of English
Jurisprudence are to be read with great caution
on the subject of Homicide, ibid. 814. — See
Carnegie, Jamet; Mawgridge, John; [Oneby,
John ; BMKn^ Bugh.
HOST, ABSENCE FROM THE.
Proceedings in Scotland against several
Heritors of the Shire of Fife for absenting
themselves from the King's Host after a Royid
Proclamation, 32 Car. 2, 1680, 11 vol. 1. —
Fountainhall's Account of these Proceedings^
ibid. 40. — ^Wodrow's Account of the Nature of
this Offence, and of the several Prosecutions
for it, ibid. 1 (note).
HOUSE OF COMMONS. See Parliament.
Arguments and Precedents to show that the
House of Commons had always the power of
trying and determining the merits of Elections,
though the Election Writs, by Stat. 7, Hen. 4,
are returnable in Chancery, 2 vol.104. — Confer-
ences between the House of Lords and Uie
House of Commons in Floyde*s Case, upon the
Question whether the House of Commons has
any power of Judicature excepting in Cases
relating to their Privileges, ibid. 1159. — ^Ar-
gument of Judge Jenkins that the House of
Commons is not a Court, and has no power
of Trial for Offencesi oor authority to ad^
*
100
GENERAL INDEX TO
I^MfMOIXttf*
minister an Oath, 4 toI. 933. — ^The House of
Commons have claimed to be a Court of
Record^ 6 to1.1121 (note). — ^Disputes between
the House of Commons and the House of
l^rds respecting the right of the latter to
receive and determine Appeals from inferior
Courts where a Member ot the House of Com-
mons is concerned, ibid. 1121. — Proceedings
of the House of Commons, in the Reign of
Henry the Eighth, in the Case of a Breach of
Privilege by the Arrest of a Member for Debt,
8 vol. 8. — ^Frequency of Commitnents by the
House of Commons for breach of Privilege'
during the latter part of the Reign of Charles
the Second, ibid. 7. — Reference to Treatises
and Authorities on the power of the House of
Commons to commit for Breadi of Privilege,
ibid. 13. — Report of a Committee of the House
of Commons respecting the 6tate of the Law
and Practice of the House in Cases of Pro-
ceedings against Members fpr any thing done
or spoVen in the House, or against the Ser-
vants of the House, ibid. 14. — Precedents of
Commitments by the House of Commons for
Libels on the Proceedings of the House, ibid.
23. — Precedents of Prosecutions of persons
for Libels on the House of Commons or any
of its Members, ibid. 26. — Precedents of the
claim and recognition of the power of the
House of Commons to commit for Breach of
Privilege, ibid. 27. — Precedents of the Pun-
ishments inflicted by the House of Commons
for Breach of Privilege, ibid. 61. — RefK^ c^
a Committee of the House of Commons in
1771 respecting Privilege, ibid. ^^. — Sir
Robert Atkins argues, in the Case of Sir William
Williams, that tiie House of Commons has
always, from the first constitution of the King-
dom, been a part of the Parliament of Eng-
land, 13 vol. 1389. — Debates in the Great
Case of Ashby and White on the Question
whether the House of Commons has an origi-
nal and exclusive Right to determine matters
relating to the Election of their own Members,
14 vol, 704. — Resolutions of the House of
Commons on occasion of this Case, assert-
ing the affirmative of this Question, ibid. 776.
^—Courts of law cannot discharge or bail a
person committed by the House of Commons
for a Breach of Privilege, 19 vol. 1146.— -Ob-
servations of Chief Justice De Grey on the
power of the House of Commons to commit
for Breach of Privilege, in delivering the
Judgment of the Court of Common Pleas in
the Cafie of Brass Crosby, ibid. ib. — ^There are
DP Journals of the House of Commons extant
before the time of Edward the Sixth, 14 vol.
734-
HOUSE OF LORDS. SeeP^r^wwn^; -Btm,
Order of thfe ijouse of Lords in 1624 that
a Member of that House cannot, without
licence, answer any complaint ag^nst him in
the House of Commons, either in person or
Jby Counsel, 2 vol. 1185.— Tti? Ga^e of the
^is^ictiou pl (he House of JUpc^A b^tveei^
I
Thomas Skinner and the East liidift Company,
18 Car. 2, 1666, 6 vol. 709.— Diseussiooa be*
tween the House of Jiords ai^d the House of
Commons respecting the Jurisdiction of the
former to take oognizance of AaUars b^iigbt
before tliem judicially by way of original
Complaint, and not by Writ of Error, or s^iy
process of Appeal, ibid. 725, — ^Reasons and
Precedents against their Jurisdiction in this
respect, ibid. 730. — Reasons and Precedents
in favour thereof, ibid. 733. — ^Judgments of
the House of Lords are in force, notwithstand-
ing tl^ rising of Parliament, ibid. 747.---The
Kinfsits in the House of Lords in a legisla-
tive and a judicial capacity, ibid. 752,^ — Dis-
putes between the House of Commons and
the House of Lords respecting the right of
the latter to receive and determine Appe^s
from inferior Courts where a member of the
House of Commons is concerned, ibid. 1121.
— Blackstone lays it down that a Commoner
cannot be impeached in the House of Lords
for any capital Crime, 8 vol. 236 (note). —
Observations upon that Opinion, ibid. ib. —
The House of Lords have no Jurisdiction to
try a question of Peerage, except by the King's
reference to them of the Petition of the party,
12 vol. 1196.— Difference in the Style of the
House of Lords when they act in their legis*
lative and judicial character, ibid, 1200* — ^The
House of Lords is not a Court of Record when
acting in their legislative capaefty, ibid. 1195.
— Lord Hale's Chapter on the Jurisdietion of
the Lords' House in criminal Causes, ibid»
1218 (note).— Argument of Mr. Clifford in
Flower's Cage against the power of the Hou^e
of Lords to commit for Contempts committed
out of the House, 27 vol. 1027,
HUNTING.
Discussion in Archbishop Abbot's Case,
whether Hunting be unlawful in a Clergyman
by the Canon Law, 2 vol. 1164, 1167. — Spel-
man's Argument in support of a contrary
doctrine, in his Answer to the Apology for
Archbishop Abbot, ibid. 1171.
HUSBAND AND WIFE.
A \yife cannot be a Wituese for or agatost
her Husband, 14 vol. 624.--.But a Wife may
be a Witness against her Husband to prove
that he aided and abetted in the commissiiQn
of a Rape <m her, 3 vqI. 402,--This Opiom
said by Sir B. Shower not to be Lav, 13 vol^
582.— If a Feme Covert commit ^i A^
which in soother would be Felony, it is not so
in her, ^be«ause she is tub pHesioie virt, 4 vol.
1 ia9.-^Argu»epts in Sir John Fenwiuk's C^e
that the Words or Actions of a Wife oann^Kl
be evidence against her Husband, 13 ^l. 581.
—In a Prosecution on the ^tgtiite «l Hmiry
the Seventh for forcibly carrying ^mvy aod
marrying a woman of Snbstanae^ the Wifo
may give Evidence against the Offender, 14
vol. 575.—- Qplnion tliat ^ Wifid n^y be asked
in Evidence whether h^r Hasban4 ji $^ U
CdHMtna.]
THE STATE TRIALS.
101
bfUttvtd iipen his Oath, though she may not
gife aYidenee on points affeoting bis property,
If vol. 1276.*-*By the law of Scotland at pre-
aent « Wife cannot in any Case be a Witness
for or agminat her Husband, 18 vol. 580 (note).
--Jt is said in Mawgridge'a Case, that if a
Haibaad takes a Man in Adultery with his
Wife, and kilb the Adulterer, it is Manslaughter
0Bly» 17 Tol. 70.<^In such a Case the Court
ti Jnalioiary in Scotland admitted the Wife
to give evidence that the Panel discovered
Ibe deceased in the act of Adultery with her,
ibid. ib. (note).
IDENTITY.
Singular instance of the detection of a mis-
.lake by a Witness in swearing positively to an
article of wearing Apparel, 19 vol. 494 (note).
•-Cttfious Anecdote of Sir Thomas Daven-
port's mistake in swearing to the identity of a
person who was charged with having robbed
huBf US vol. 819.
IMAGES.
WiOkm Thorpe's Answers respecting the
Worship of Images, in his Examination before
the An^biahop of Canterbury in 1407, 1 vol.
m^. — Lord Cobham's Answers respecting
linages, ibid. 244.— Defence of the Worship
of Imagea by Gardiner, Bishop of Winchester
in 1561, ibid. 555.— Letter of the Council of
Edward the Sixth to the Archbishop, ordering
the abolition of Images in the Churches within
his Proviaee, ibid. 636.— Archbishop Laud's
Account of their first introduction into
Churclws, 3 vol. 549«
IMAGINING.— See Composting the Kin^s
Death.
Mr. Luders's Illustrations of the probable
meaning of the word in the Statute of Trea-
sons^ 7 vol. 961 (note).
IMPEACHMENT. See IPardm ; Parliament ;
Peert; Hmae^ Lords,
General Reference to modem Pamphlets
upon the question of the duration of PaHia-
meptaty Irapeachnents after the dissohitioD
©f t^ Parliament in which they were coaa-
wenced, 2 vol. 1446 (note).— It was said by
Sir Francfis Winington, in Low! StalFoid^s
Case, to have been declared at a Conference
between both Honses of Parliament that an
Impeachment once lodged in the House of
Lords remains in the same state, notwithstaad-
ing the dissohition of tSie Parliament, 7 vol.
15!^l.*^Resolution of the Hoose <yf Loids in
167§ to Ihat tfifect, ibid. 1230.— In the year
IW it was Tesolved by both Houses of Par^
liamentyin the Case of Warren Hastings, that
an Ittpeadifnent is not determined by a dis-»
sohttion of Pariiament, ft vol. 1446 (note)» 13
1^ tt9e<Ml^f**S>ebflitf» in A* Ilowt of
Commons in the Earl of Danby's Case respect-
ing the validity of a Plea of a Pardon under
the Great Seal to a Parliamentary Impeachment,
ll|vol. 769. — Mr. Justice Blackstone's Remarks
upon this Subject, ibid. 742 (pote). — Precedents
respecting the allowance of Counsel to a Peer on
hisTrial on an Impeachment for Misdemeanour,
6 vol. 797.— Precedents respectingfthe method
of proceeding by the House of Lords against
persons impeached for Misdemeanours by the
House of Commons, ibid. 675. — Report of
the Lords' Committees previous to Lord Std*-
ford's THal respectins; the form of the Pro-
ceedings on the Trial of a Peer upon an Im«
peachment for Higli Treason, 7 vol. 1272.—
Form of the Oadi administered to Witnesses
on such a Trial, ibid. 1274. — ^The Axe is not
to be carried before the Prisoner on the Trial
of an Impeachment for Treason, Lord Straf-
ford's Case, 3 vol, 1417. — Precedents of the
House of Lords respecting the manner of pro-
ceeding on Impeachments, as reported to the
House in 1701, 14 vol. 279. — Precedents of
the manner of delivering Articles of Impeach-
ment by the Commons, ibid. 275. — Precedents
of the Imprisonment of Members of ^e House
of Commons, when impeached in Parliament,
8 vol. 155. — Resolution of the House of Corn**
moos in Fitsharris's Case that it is the un-
doubted right of that House to impeach before
the Lords in Parliament any Peer or Com*
moner Ibr Treason or any other crime, ibid,
236. — Blackstone says, that a Commoner can-
not be impeached in the House of Lords for
any capital Offence, ibid. ib. (note).— Obser-
vations upon that Opinion, ibid. ib. — Report
made to the House of Lords in Sir Adam
Blair's Case of Precedents of Impeachments
from the Journals and the Records in the
Tower, 12 vol. 1218. — Mr. Justice Foster
says, that it is doubtful whether, in the Case
of an Inpeaehment, the House of Lords do
right to discharge a party accused without
hearing the Commons, ibid. 1238 (note).--^
Extract from Lord Hale's Treatise on the
Jurisdiction of the House of Lords re;spectiog
Parliamentary Impeachments, ibid. 1218 (note).
— Essential difference between an Indictment
and an Impeachment, 8 vol. 284.— Mr. Wil*
liams's Argument in Fitzharris's Case, that a
person indicted in the King's Bench, may
plead to that Indictment <he pendency of an
Impeachment in the House of Lords for the
same Offence, ibid. 2B2.-rForm of the Plea
in Fiteharris's Case, ibid, 251.— The House of
Lords resolve in Dr. Sadwverell's Case, that
in an Impeachment lor Words spoken or wnt-
ten, it is Bot necessary to set out the Woids,
15 vol. 39, 473.^Pro4est with Reasons :a:gaiast
this Besc^tion, ibid. 30. — ^Discussion in the
Eail of Winlouin's Case, wiiedior the same
Coitainty as to the statement of tlve is neoes-
sary in Impeachments as in Indictmeote, ibid.
B7€.-^By Stat. 120 Geo. 2, c. 30, persons im-
peached by the House of Commons of Hi|^
Treason were fint admitted. to make their
foil P«teoe b|F CoRDMl^ td T4»l, 436 <Qfite)»
102
GENERAL INDEX TO
[MlMKit.*
IMPUCD MALIC£.— See Maiice.
Malice is implied where the act charged is
unlawful, 6 vol. 547, 7 toI. 1124, 9 vol. 1349.
—Malice is implied so as to complete the
crime of Murder where one man without
reasonable cause or proTOcation kills another,
Kidd's Case, 14 vol. 145.— The distinction
stated between express and implied Malice,
Oneby's Case, 17 toI. 44. — ^The law implies
Malice so as to constitute Murder where a
Esrson is killed by Duress of Imprisonment,
uggins's Case, ibid. 375.— Where a person
is charged with maliciously doing an unlawful
Act, the Malice is presumed from the illegality
of the Act, and therefore evidence of express
Malice is irrelevant, Ficton's Case, 30 toI.
488.
IMPOSITIONS.— See Prerogative ; King ;
Taxet; Ship^Money,
The Case of Impositions, on an Information
in the Exchequer by the Attorney General
against Mr. John Bates, 4 Jac. 1, 1606-1610,
2 Yol. 371. — Mr. Hargrave's introductory Note
to the Case, containing his Remarks upon the
Claim on the part of the Crown to impose
Taxes by Prerogative, ibid. ib. — Argument of
Baron Ulark, in favour of the King's Prero«
gative, ibid. 382. — Argument of Chief Baron
fleming on the same side, ibid. 387.— Ail-
ment of Sir Francis Bacon in the House of
Commons in favour of the King's Prerogative
to make Impositions upon his Subjects, ibid.
395.— Sir John Davis's Argument on the same
side, ibid. 399. — Mr. Hakewill's Argument
against the Crown, ibid. 407. — Mr. Yelverton's
Argument against the Crown, ibid. 477.
IMPOSTOR.— See Hatkawctt/, Bkhard.
IMPOTENCE.
Opinions of Melancthon and other Canon-
ists respecting Impotence as a ground of
Divorce, 2 vol. 796.— Account of Bury's Case,
containing a decision against the validity of
a second Marriage, under which there was
Issue, the first Marriage having been dissolved
on the ground of Impotence, ibid. 849, 850
(note).
IMPRISONMENT.
Mr. Emlyn's Observations on the punish-
ment of Imprisonment, Em. Pref. 1 vol. xxxv.
— ^Imprisonment is accounted in law Civil
Death, 5 vol. 374. — Precedents of the Im-
prisonment of Members of the House of Com-
mon8upQnbeingimpeachedinParliament,8vol.
1 55. — ^If a persoti dies under Duress of Imprison-
ment, itisMurder in the Gaoler, Huggins s Case,
1 7 vol .375. — Instance of a person being confined
as a State Prisoner forty Years without a Trial,
13 vol. 788. — ^Account of the Scotch Act of
Parliament against vnrongous Imprisonment,
20 vol. 19 Cnote). — Argument against the law-
fulness and necessity of imprisonment for
Debt, 22 vol. 330. — Opinion of the Judges in
th^ House of Loid9> in Wilkes's Case, that a
Judgment of Imprisonment against a Defend^
ant to commence from and after the deter-
mination of an Imprisonment to which he
was before sentenced lor another Offence, is
good inlaw, 19vol. 1132. — ^Discussion on a
Writ of Error in the House of Lords in the
Case of Hart and White, respecting the power
of the Court of King's Bench to sentence con*
victed Offenders to Imprisonment in other
Gaols than those belonging to the Court, or
to the Counties in which the Offences 'were
committed, 30 vol. 1325. — Opinion of the
Judges that the Court of King's Bench have
the power of imprisoning in any of the King's
Gaols in England, ibid. 1344.
INCLOSURES.
Lord Keeper Coventry's Directions respect-
ing Inclosures to the Judges in the Star
Chamber in 1635, previously to the Circuits^
3 vol. 832.
INCOMPETENCY.— See WUneu, Infamy,
Evidence.
INDENTURE.
Indenture of Confederacy between the Earls
and Barons against the Despensers in the
Reign of Edward the Second, 1 vol. 23.
INDEPENDENT WHIG.-See fFhke, Hemy.
Proceedings on the Trial of the Editors of
the Independent Whig for a Libel on the ad«
ministration of Justice, 30 vol. 1131.
INDICTMENT.-^ee Copy oflndktment.
Mr. Emlyn's Statement of the Objections to
Indictments being in Latin, Em. Pref. 1 vol.
xxix.-— Mere words of form not to be unneces-
sarily introduced into Indictments, ibid. xxx.
— Remarks on the introduction of the words
^'falso et malitiose'^ into Indictments for
libel, ibid, ib.— In an Indictment of an Ac-
cessary in Middlesex to a Murder committed
in London, it is not sufficient to allege that
the Principal was indicted in London, but it
must be alleged that he committed the Mur-
der there. Lord Sanquire's Case, 2 vol. 757.-—
Lord Coke says, that it was resolved on the
Trial of Weston for the Murder of Sir Thomas
Overbury, that the manner of killine is not
the point of an Indictment for Murder, and
that if the Indictment charge the Death to
have been caused by a Dagger, and in proot
the blow appears to have been given with a
Sword, it IS sufficient, ibid. 1031.-- If in an
Indictment for an Offence prohibited by
Statute, the Offence be not chained according
to the Statute in the body of the Indictment,
the words contra formam Statuti at the con-
elusion will not be sufficient, 5 vol. 219.— 'A
defect in the Indictment cannot be supplied
by the Evidence, ibid. 230. — ^The time laid in
an Indictment is not material, and the Jury
may find the Offence to have been committed
before or after the day alleged. Sir Henry
Vaae's C«e| Q rol^ 13U-«ii*Tbe time and [rface
CoHCBMn.]
THE STATE TRIALS.
193
laid in an Indictment are merely form, and
Evidence of the Offence charged on any other
day, before the Bill was preferred, or at any
other place within the County, will support
the Indictment, per Holt, C. J. in the Case of
Chamock, King, and Keyes, 12 toI. 1398. —
No Indictment can be good unless it charges
the Offence to have been committed on a cer-
tain I>ay and Year, 13 vol. 275 (note). — The
Reason assigned for this Rule is the necessity
of stating some Day to which in Cases of
Pelony and Treason the forfeiture may relate,
15 Tol. 880. — ^In Indictments, Certainty to a
common intent is not sufficient, 16 vol.
315. — It was held by Lord Holt, Chief Jus-
tice PoUexfen, Chief Baron Atkins, and Mr.
Justice Eyre, after Argument in Matthew
Crone's Case, that a mistake in the Indorse-
ment by the Grand Jury of their Return upon
an Indictment is immaterial, as it is no part
of the Indictment, but merely a direction to
the Clerk, ibid. 1244. — ^'Dominus Rex'' in an
Indictment always means the King of Eng-
land, without any fuller description, Cran-
hnme's Case, 13 vol. 223. — ^It is sufficient in
an Indictment for High Treason to conclude
** against the duty of his allegiance*' without
saying of his ^'natural'' Allegiance, Cran-
I hmiie*s Case, ibid. 224. — In an Indictment
I for Treason, if the word '^proditorie^'is ap-
plied to the Treason generally, it seems un-
necessary to repeat it in the statement of each
; of the Overt Acts, Cranburne's Case, ibid.
231. — ^It is not necessary to prove all the
Averments in an Indictment if the Offence
charged is sufficiently clear without them, 17
vol. 639. — Opinion of the Judges in Dr.
Sacbevereirs Case, that in all Indictments
for Crimes in speaking or writing, the Words
charged to be criminal must be expressly
set outy 15 vol. 466. — Discussion whether it is
necessary in ' an Indictment for High Treason
to aver mat the person charged was a Subject
of Great Britain, 26 vol. 819.— The Caption
is merely the style of the Court, and no part
of the Indictment, 23 vol. 237. — A Judge at
Nisi Prins is not called upon to decide respect-
ing the sufficiency of an Indictment, when the
Objection to it appears upon the Record, 31
vol. 1235. — ^Mr. Williams's Argument in Fitz-
harris's Case, that it is a good Plea to an
Indictment in the King's Bench that an Im-
peachment for the same Offence is depending
in the House of Lords, 8 vol. 282. — ^Opinion
of all the Judges in Bishop Atterbury's Case,
that a person indicted for Treason may plead
in bar to such Indictment a Bill of Pains and
Penalties passed against him for the same
Treason, 16 vol. 465. — ^The pendency of another
Prosecution for the same Offence is not a good
Plea to an Indictment, 21 vol. 1048, and ibid,
ib. (note).— -On a joint Indictment against
several persons, the Venire, and consequently'
the Trisdy may be several, 9 vol. 126.— Justices
of Oyer and Terminer may inquire by other
ways and means than by Indictment, 10 vol.
1357.<— Difference between Jodictm«Dt9 a&d
VOL, XXXIV.
Informations as to Amendments, 19 vol. 1120.
— It is irregular to move to quash an Indict-
ment after Plea, and after the Jury are charged
and sworn, Rookwood's Case, 13 vol. 161,
168, 223. — It was formerly the practice not to
quash Indictments for great Crimes upon
motion, but to leave the party to move in
Arrest of Judgment, ibid. 168. See also 27
vol. 266. — Sir John Hawles says, that it is
good ground for a Motion to quash an Indict-
ment that it contains Offences of several
natures, 8 vol. 729. — ^A Motion by a Prose-
cutor to quash an Indictment is by no means
a Motion of course, 19 vol. 1173. See also
21 vol. 1048. — Mr. Justice Buller says, tiiat
the only cases in which the Court has interfered
to quash Indictments have been where they
were insufficient, 21 vol. 1048. — ^An Indict-
ment may be quashed by consent, though no
defect appears upon the face of it, 18 vol.
1198. — Form of Indictments during the Com-
monwealth, 5 vol. 335, 419.
INDORSEMENT.
It was held by Lord Holt, Chief Justice
PoUexfen, Chief Baron Atkins, and Mr. Justice
Eyre, after Argument, in Matthew Crone's
Case, that a mistake in the Indorsement by
the Grand Jury of their finding upon an Indict-
ment is immaterial, as it is no part of the
Indictment, but merely a direction to the
Clerk, 12 vol. 1244.
INDUCEMENT.
In Treason it is not necessary to have two
Witnesses to matter of Inducement, 13 vol. 535.
INFAMY.— See Witneu,
By the Law of Scotland, Infamy of Cha-
racter disqualifies a Witness, but he must be
shewn to be infamous by a legal Conviction
of some Crime inferring Infamy, 12 voL 551
(note).
INFANT.
Infants of the age of 13 and 10 years per-
mitted to be examined in a Case of Murder
in the Court of Justiciary in Scotland at the
request of tlie Jury, but not to be sworn as
Witnesses, 11 vol. 1410. — ^Mr. Hume's Remarks
upon the Law of Scotland respecting the admis-
sibility of Infants as Witnesses, 12 vol. 559
(note). — In the Case of Spencer Cowperit was
held, that an Infant who is by law the Plaintiff
in an Appeal of Murder, may be nonsuited on
his own application, without the consent of his
Guardian, 13 vol. 1195. — Chief Justice Jef-
feries's Examination of an Infant previously to
his being sworn as a Witness, 9 vol. 1148.
INFIDEL.
Lord Coke's Doctrine, as laid down in
Calvin's Case, that Infidels are considered by
the Law of England to be perpetual Enemies,
2 vol. 638.— Sir George Treby's Remarks upon
this Doctrine in his Argument in the Great
Case of Mooopolifi^i 10 voU 391,-«^Lord Mans,
Q
104
GENERAL INDEX TQ
tH
ISC
field's Opiiuon of this Doctrine, in the Argument
en the Case of the Island of Grenada, 20 yol.
294. — Arguments in the Gr^at Case of Mono-
polies upon the lawfulness of trading with
Infidels without licence from the King, 10 vol.
373, ihid. 409. — It was adjudged in die Court
of King's Bench, in 1678, that an Action of
Trover might be maintained for Negroes, being
Infidels, ibid« 51, and ibid. 52 (note).
INFORMATION.— See Ex-offkio Information.
At the Eevoltttion the House of Commons
appears to have been desirous to abolish all
Informations in the Court of King's Bench, 13
Tol. 1369 (note). — A Criminal Information
anay be amended at] any time before Trial, 9
Tol. 1366 (note). — ^The Amendment of a Cri-
minal Information for a Misdemeanour by
inserting the word " tenor'' instead of ^^ pur-
port allowed by Lord Mansfield at Chambers
upon hearing the parties, but without the con-
sent of the Defendant, held good, Wilkes's
Case, 19 vol. 1077. — ^In the absence of the
Attorney General, a Criminal Information may
be filed by the Solicitor General, ibid. 1102. —
Heasons against this Doctrine assigned in sup-
port of the Writ of Error in WiUkes's Case,
20 vol. 799. — Opinion of the Judges in the
House of Lords m Wilkes's Case, that an In-
formation may be filed by the Solicitor General
in the absence of the Attorney General, and
that it is not necessary to aver upon the
Becord that the Attorney General's Office is
vacant, 19 vol. 1127. — ^An Outlawry will lie
upon a Criminal Information, Uiid. 1104. — ^The
Jury process on Criminal Informations is
returnable on a day certain, Tutchin's Case,
14 vol. -1132. — Tbe Attorney General cannot
proceed by Information in the case of anOfi*eDce
of which the Punishment extends to Life or
limb, 27 vol. 980.
INGROSSING.
Of the nature of the Offence of Ingrossing
at Common Law, 10 vol. 421.
INNOC£NC£.
OjHnio&s of several eminent Writers upon
the maxim in Jurisprudence, '* that it is better
that ten guilty persons iihould escape than that
one innocent man should suffer," 7 vol. 1529
(note). — Sir Samuel Romill/s Vindication and
Explanation of the Maxim, ibid. ib. — Lord
Gillies says, in M'Kinley's Case, that the
presumption of Innocence in Criminsd Cases
js not to be overturned by suspicion, but that
there must be legal Evidence of Guilt, carry-
ing a conviction little short of absolute cer-
tainty, 33 vol. 506.
INNOVATIONS.
Lord Norih^a Opinion against Innovations
m Law, 6 vol. 1109,
INNS OF COURT.
The Inns of Court have merely an au&ority
delegated to them Irofipi the ^Mges to call
persons to the Bar, 20 vol. 6S8.-— If a pesasoo
is aggrieved by a decision of the Benchers of
an Inn of Court, the proper application for
redress is by a Petition of Appeal to the
twelve Judges, ibid* 689 (not^).
INNUENDO.
Discussion in Fitzbarris's Case of tUe nature
and object of an Innuendo, 10 vol. 26p, — "Ljord
Coke*s Report of the Case of James v. Rutleck
on this subjeict, ibid- 272, 273 (note)-- — An
Innuendo cannot give certainty to that wjiich
was not previously made certain by Avermeci,
ibid. 274. — An Innuendo must not assign ^
meaning to words which tlie words themselves
do not express, ibid. 27&.— An Innuendo that
certain words meant a certain person, will nQt
support an Action or Indictment for those
words without a previous distinct Avernient
that they were spoken of and concerning that
person, ibid. 271 .—"The Bishops'^meaning the
English Bishops) held to be a good Innuendo,
Baxter's Case, 11 vol. 502. — An Innuendo is
merely to refer or point to a matter sufficiently
expressed before, per De Grey, C. J. in lioine^s
Case, 20 vol.793.
INQUIRY.
On the Execution of the Writ of Ipquiry in
an Action of Scandalum Magnatum broug(it \fy
James^ Duke of York (afterwards Janaee the
Second), against Dr. Gates, fifteen Juryzaea
were sworn, 10 vol. 129.
INQUISITION.
Account of a Coroner's Inquisition upon the
death of the Earl of Northumbeiland, 27 Eiix.
1585, 1 vol. 1111. — The Coroner's Inquisition
ou the death of Arthur, Earl of Essex, i|i 1^84,
9 vol. 1132. — The Coroner's Inquisition on the
death of William Jackson, a Clergyman, w}>q
took poison in Prison after his conviction (or
High Treason in Irdand, 35 vol. 890.
INSANITY.
Sir John Hawles's Remarks upon the Lav
respecting the Trial of Lunatics for Crimes,
11 vol. 476. — Argument of the Solicitor
General (Mr. Yorke) on the Trial of Lord
Ferrers respecting the kind and degree of In-
sanity which will excuse from criminal respon-
sibility, 19 vol. 945. — ^Further Disc«ssion of
this subject in Hadfield's Case,' 27 vol. 1307.
— ^Mr. Erskine's Doctrine in Had^eid's Case,
that it is sufficient to excuse from <arijBDdn]d
responsibility, if there l)e a prevailing delusion
on the mind .upon a particular subject, and
if the act charged come within the rae^
of that delusion, even though on general aob-
jects the reasoning powers may be ««ini-
paired, ibid. 1309. — A Defenoe agaiost a
criminal Charge on the ground of Insanity,
must be received by a Jury with great caintion,
16 vol. 764. — Mr. Justice Tracy's directions to
the Jury upon this subject on the Trial oC
Edward Arnold for shooting at Lord Onslow,
ihid« ib^«i4Qitaoce vi a Jmt^ Uinff swoib; on
C^HfinpRu]!
THB STATE TRIAtS.
Ids
mt AtmigBineiit kit High Treasop, to inquire
whether the PrisQiier were of sound mind or
not, rrith's Case, 22 vol. 311. — Mr. Hume's
reasoning on the practice of Scotch Courts of
JnstiGe in Cases where persons accused of
Climes are suggested to be insane, 22 vol.
12^4. — ^DiscDSsion of the Law of Scotland on
this subject on the Trial of Sir Archibald Gor-
men Kinloch foi the Murder of his brother,
i$ Tol. 9€d. — ^Eemarks on the Law of Scotland
respecting the Disqualification of Witnesses
on the ground of Insanity, 12 vol. 559 (note^.
INSPECTION.
Eoti^r of an Award of Inspection of a Woman
by a Jurj of Matrons in a Case of Divorce, 2
Tol. 802.
INSURRECTION.— See Levying War;
Mr. Justice Foster's Summary of the several
species of Insurrections which, by the Law of
Sugland, amount to High Treason, 21 vol. 490.
— Triab of various persons concerned in the
Irish Insurrection in 1803, 28 vol. 683.
INTlBNTION.-.Sqo Life/. ,
A erimioal Intention to do one act may in
some Cases be carried over to another act done
in proseeittioa thereof^ so as to constitute the
latter a Felony^ Woodbume and Coke's Case,
16 Tol. 79.— A criminal Intention is an indis-
pensable constituent in all Fdonies, ibid. ib. —
Lord Mansfield says, in WoodfalPa Case, that
where an act, indiflTerent in itself, becomes
crhnina! in consequence of a criminal Intent,
the Intent must be proved ; but nvhere the act
is in itself unlawful, a criminal Intent is im*
plied, 20 ToL 919. — Lord Chief Justice King,
in the Case of Woodbume and Coke, says that
the Intent of the party in Felony is alwajs a
Question for the Jury, 16 vol. 79. — His diireo*
lions to the Jury, in that Case, respecting the
means of arriving at the Intention with which
a criminal action is committed, ibid. ib. —
Where the Intention with which a Crime is com-
milled constitutes a distinct species of Crime
from that charged in the Indictment, no Evi-
dence of that Intention is admissible, per Lord
Mansfield, in the Case of the Madras Council,
31 vol. 1*^7* — It is a rule in Criminal Judi-
cature, that the punishment should be in pro-
portion to the malignity of the Offender's In-
tention, ibid. 1291. — Arguments of Mr. Ford
and Mr. I^ratt (afterwards Lord Camden) on
the Trial of Owen for Libel in 1752, that the
Jmy are to judge of the Intention of the De-
iendant in Cases of Libel, IS yd. 1223, 1227.
-^Lord Mansfield says, in WoodfaH's Case,
that in Cases of Libel a criminal Intention is
presumed from the fact of publication, 20 vol.
919.— Opinion olthe Judges in the House of
Ix>rd8, daring the Debates on the Libel Bill,
that the criminal Intention in prosecutions for
libel, is gener^ly matter of fonn, and requires
no proof on the part of the Prosecutor, 22 rei.
miU-Xh^ idtow^d, tiaw«v«r^ that th«ie
might be Exceptions to iht Bulfi> ibid. 301.—
Mr. Erskine's Argument in Perry's Case, that
since the Libel Act, the Intention of the De-
fendant in (]|uestions of Libel, is material for
the Jury, ibid. 999. — Mr. Erskine's celebrated
Argument in Cuthell's Case, on the necessity
of showing a criminal Intention, in order to
make a party criminally responsible for pub«f
lishing a Libel, 27 vol. 660.
INTERDICTION.
Bull of Interdiction against England isllifd
by the Pope in the Beign of iOag John, 3 vol,
550.
INT£ES$T.*-S«« WUvm.
A person not immediately, but consequen*
tially interested in the event of a Suit is a good
Witness in that Suit, 17 vol. Il58.<-*lllustra«
tion of this Rule, ibid» ib.
INTERNATIONAL LAW.— See Law of
Naikms.
INTEHPBETIiR*
Instructions of the Coortto an Interpreter
on the Trial of several Foreigners for Murder,
9 vol. 7.— Form of the Oath administered to an
Interpreter on the Examination of a. foreign
Witness, 9 vol. 1090.— On the Trial of Swend^
sen, a Foreigner, for a capital Felony, one of
the Jury was sworn to interpret the Evidence
of a foreign Witness, 1^ vol. 580,
IRELAND.
In the Case of Mixed Money it is said that
Ireland was merely a Member of the Imperial
Crown of England, 2 vol. 126. — ^The King of
England has exercised the Prerogative of coin*
ing Money in Ireland ever since the twelfth
year of King John, ibid. 119.— A Peer of Ire-
land might formerly be tried by a Jury in
England for Treasons committed in Ireland,
Lord Ma(:giure's Case, 4 vol. 664.— Mr.
Prynne's Argument on ^s point, ibid. 689. —
His Argument in that Case that the Trial of
Irish Offenders in England for Offences com-
mitted in Ireland took place in very ancient
times, ibid. 694. — Stat. 44 Geo. 3, e. 92, s. 3
and 4, authorizing the apprehension of persons
in England, who have committed Offences in
Ireland, ibid. 664 (note). — Letters Patent
creating Titles of Honour do not extend to
Ireland, unless specially named, 12 vol. 1200.
— Killing a Man wiUi malice said in former
times to be Treason in Ireland, 12 vol. 619.—
There is no Petit Treason in Ireland, ibid. 618.
—It was said by Chief Justice Keating, in
1689, that Richard the Second was the only
King who had visited Ireland since the time
of Henry the Second, ibid. 619. — Letters and
Papers illustrative of the state of Ireland in
1689, ibid. 636. — Historical- Remarks on the
acquisition of Ireland by England in the Ar-
guments in the Case of the Island of Gk'enada.
20 voL 268.*<-Mr. Haigrave's Accomnt of the
ions ^ <tiiei«Dil Antbois le^pteiing tht
%
106
GENERAL INDEX TO
[M
mode in which the Laws of England were in-
troduced into Ireland, in his Argument in the
Case of the Island of Grenada, ihid. 296. —
IMr. Prynne's Remarks on the introduction of
English Laws into Ireland, 4 vol. 696.— Mr.
Kichardson's Remarks on this Subject in his
Argument in support of the Plea in Abatement
in Justice Johnson's Case, 29 vol. 402.— 'Cha-
racter given by Giraldus Cambrensis in the
Reign of Henry the Second, of the native Irish,
and of their Deportment towards England, 4
vol. 695w — Discussion whether the Lord Lieu-
tenant of Ireland is liable to an Action for
AcU of State, 27 vol. 1250.— The Case of
Mixed Money in Ireland, 2 vol. 114. — 'Ihe
Case of Prsmunire in Ireland, ibid. 534. —
Trials of various persons for being concerned
in the Rebellion in Ireland in 1798, 27 vol.
255.— Trials of persons concerned in the Irish
Insurrection in 1803, 28 vol. 683. See De-
finders ; Caraiu<Us and Shanavests,
IRONS.
Irons ought not to be used in Gaols unless
when there is danger of an Escape, Em. Pref.
1 vol. xxxix.— When a Prisoner comes to the
Bar to be tried, his Irons ought to be taken off,
but not when he comes to plead, 16 vol. 100,
5 vol. 979. — ^Reference to Cases and Authori-
ties respecting the taking off a Prisoner's Irons
upon his Triad, 5 vol, 979 (note). — It seems
that Prisoners are not entitled to have their
Irons removed during the Trial of collateral
Issues, 18 vol. 435 (note). — Lord Coke's
Hemarks on this Subject, 17 vol. 618.
IRRELIGION.--See Bhuphem; Eeligion;
WhistoHf WUUam; Eaton, Vaniel Isaac;
WilUami, Thomas.
Mr. Barrington's Quotation of the Emperor
Titus's Opinion against Prosecutions for Irre-
ligion, 15 vol. 716. — Mr. Lookers Letter to Sir
Francis Masham, pn the Execution of Thomas
Aikenhead in Scotland for denying the Doc-
trine of the Trinity, 13 vol. 928.
ISLE OF MAN.
Questions respecting Lands in the Isle of
Man may be tried in Uie Courts there ; but a
Question respecting the Seigniory must be tried
in some of the Courts in England, 20 vol. 230.
ISSUE.
On the Trial of collateral Issues, a Prisoner
is not entitled to challenge peremptorily, Rat^
differs Case, 18 voL 432. — Mr. Justice Black-
stone expresses an Opinion that formerly he
was allowed to do so, ibid. ib. (note). — On
collateral Issues, Prisoners on their Trial for
Treason or Felony, were allowed the assistance
of Counsel, Ratcliffe's Case, 5 vol. 467 (note).
18 vol. 434.
JACTITATION.
Argument of the Question, whether a Sen-
tence of Jactitation in the Ecclesiastical Court
is mi concltt^iTe Evideoce agaiost a fomier
Marriage on an Indictment for Bigamy,
Duchess of Kingston's Case, 20 vol. 391.
JAMAICA.
Account of the Settlement of the Cotistitu-
tion of the Island of Jamaica after its conquest
by Cromwell's Forces in 1655, 6 vol. 1349.— »
Opinion of the Attorney and Solicitor General
in the Reign of George the Second, in favour
of the right of the King to impose a Tax upon
the Inhabitants of Jamaica without the author-
ity of Parliament, 20 vol. 301.
JEOFAILS.
Arguments in Tutchin's Case, upon the
question whether a Clerical Error in the teste
of a Distringas Corpora Juratorum be witbin
the Statutes of Jeofails^ 14 vol. 1135.
JESUITS.— See Abington, Ec^bard ; Atkins,
William; Babingtoriy Anthomf ; Brompnick,
Andrew; Busby, George; Campion, Edmund;
Garnet, Henry; Goodman, John; Kerne,
Charles; Lewis, David ; Ogilvie,John; Wake-
man, Sir George; Whitebread, Thomas,
Sir Edward Coke's Account of their Prin-
ciples on the Trial of the Conspirators in the
Gunpowder Plot, 2 vol. 171. — Animadversions
upon some of their Principles and Doctrines, 7
vol. 543. — Speech of Henry the Fourth, KiDg
of France, in behalfof the Jesuits, ibid. 536. —
Stat. 27 Eliz. c. 2, against Jesuits and Sen»inary
Priests, 4 vol. 59 (note), 7 vol. 724. — This
Stat, seems to be provisionally repealed by 31
Geo. 3, c. 32, s. 4, 7 vol. 724 (note). — In Pro-
secutions upon this Statute it was sufficient to
shew that the party accused had acted as a
Priest, without proving that he had taken Orders
from the Pope, ibid. 838, 870.— The Court
doubted, in Lumsden's Case, whether a person
born in Scotland was within the Statute of Eliz.,
and directed the Jury to find a Special Ver-
dict, ibid. 871.
JEWS.
Whitelocke states it to be his Opinion that
none of the Laws of the Jews are binding upon
any other Nation, except their Moral Law, 5
vol. 823. — Precedents of Legal Proceedings
respecting Jews in early periods of the English
History, 10 vol. 408.— Mr.Pollexfen's allusion
to their treatment by the Kings of England in
ancient times, ibid. 444. — Argument that they
were always considered as Alien Friends, ibid.
445.— Wodrow's Account of a Convert to
Judaism in Scotland in 1681, 13 vol. 938. — ^In
ancient times they had Special Justices assigned
for the purpose of determining their Suits in
the parts where tuey dwelt, 10 vol. 409.
JOINDER.
Mr. Serjeant Hawkins's Observations on the
Joinder of several persons as Defendants in
one Indictment, 16 vol. 70 (note).— Where -
three Defendants were joined in one Indict-
ment for an Assault, and on the close of the
CasQ foK the ii^rpsecutio^ jit appeared that ytve
C0inS19T8.J
THE STATE TRIALS.
I9f
no Evidence against two of them, the
Court, on the application of the Counsel for
She Defendants^ directed the Jury to return
their Verdict as to the latter immediately, in
order that, if acquitted, they might be com-
petent Witnesses for the other Defendant,
18 vol. 259. — A great latitude in joining several
Charges in one Indictment is allowed by the
Law of Scotland, 19 vol. 1252 (note). — ^Mr.
Fergusson*s Argument that Offences which infer
different Punishments cannot be joined in the
same Indictment or Information, 27 vol. 978.
—A Charge of Petit Treason against one Per-
son, and of Murder against another, may be
joined in the same Indictment, 18 vol. 1193.
JOURNALS.— See Evidence.
The Journals of the House of Lords are not
Records, 12 vol. 1201. — ^There are no Journals
of the House of Commons extant before the
time of Edward the Sixth, 14 vol. 734.—
Sworn Copies of Entries in the Journals of the
House of Commons produced and read as
Evidence, in the Case of Lord Geoi^e Gordon,
21 vol. 650. — Copies of the Journals of Parlia-
ment are said by Lord Mansfield to be Evi-
dence, ibid. 651 (note). — ^The printed Journals
of Parliament arenot Evidence, unless examined
with the Originals, Lord Melville's Case, 29 vol.
685. — Chief Justice Jefferies held, on the Trial
of Dr. Oates for Perjury, that the Journals of
' the House of Commons were not Evidence, as
they are not Records, and that House cannot
administer an Oath, 10 vol. 1163.
JUDGES.
Collections of State Trials said to be useful
in doing justice to the memory of Judges, Em.
Pref. 1 vol. xxii. — ^Mr. Emlyn says that the
arbitrary Proceedings of bad Judges have given
occasion to some of the best Provisions for the
security of the Subject, Em. Pref. ibid, xxviii.
—Some of the Doctrines most obnoxious to
Liberty said to have begun in the times of
some of the best Judges, 30 vol. 1272.
—In ancient Statutes the Judges are reckoned
amongst the Magnates Regni, 3 vol, 1374.
—Account of the Statutes passed in modem
times for securing the independence of the
Jodges, 15 vol. 1199. — ^The Judges of the
Court of King's Bench are Sovereign Justices
of Oyer and Terminer and Gaol Delivery,
Lord Sanquire^s Case, 2 vol. 758. — Lord
Coke's Doubts respecting the propriety of
the Judges giving their Opinions on any
subject extrajudicially at the command of
the King, 2 vol. 872. — In his Institutes he
says that the Judges ought not to give their
Opinions on such Occasions, ibid. 880. — Mr.
Justice Whitelocke highly disapproved of the
practice of the King's requiring the Judges to
give extra-judicial Opinions, 3 vol. 288 (note). —
Violent Assault upon a Judge on the Bench in
the Reign of Edward the Third, 27 vol. 973.-—
Precedents of Prosecutions for Libels upon the
Jodges, in Petitions to the King, 2 vol. 1074. —
Preoedents in earlv times, of Punishments for
speaking slanderous Words against the Judges,
ibid. 1080. — Precedents of Proceedings against
persons for insulting Judges, 3 vol. 1 375.— Re-
marks upon Prosecutions for Libels on Judges
in later times, 30 vol. 1290.— Advantages de-
rived from a free discussion of the conduct of
Judges, ibid. 1272,— In the Earl of Bristol's
Case, the King commands the Judges, by the
Attorney General, not to answer any general
questions proposed to them by the House of
Lords, 2 vol. 1 307,— Though the King is, by the
Constitution of England, considered to be the
Fountain of Justice, he cannot give Judgment
without.the Judges, 3 vol.861. — Explanation of
the meaning of the maxim, that in capital Cases
the Judge is to be of Counsel for the Prisoner, 5
vol.466 (note), 6 vol. 516, and ibid, ib.(note).—
A Judge is to be of Counsel for a Prisoner who
cannot by Law have Counsel, to prevent him
from losing any advantage by his ignorance o£
the Law, of which he might otherwise legally
avail himself, ibid. ib. and 4 vol. 1274.— But in
Cranburne's Case Lord Holt says, that where the
Law allows Counsel, the Judges are to ba
indifferent between tlie Crown andtJbe Prisoner^
and the Counsel are to take care that the latter
loses no legal advantage, 1 3 voL237.—^The sense
in which Judges are Counsel for Prisoners by
the Scotch Law, 23 vol. 805.— Judges are
compellable to take Arms for the Defence o£
the Realm, 3 vol. 929. — ^Where a Judge directs
a Jury respecting the Verdict which they
ought to give upon a fact to be found by them,
the direction should be hypothetical as to the
finding of the fact, Busheirs Case, 6 voU 1008.
— Mr. Hargrave*s Note on the respective Pro-
vinces of the Judge and Jury, m deciding
matters of Law and Fact, ibid. 1013 (note). —
Chief JusticOsJefferies admits that the Judge's
Opinion in matters of fact ought not to weigh
at all with the Jury, 10 vol. 1144. — Where
Judges have considered a question to be of such
difficulty as to allow it to be argued before
them, they ought, in giving Judgment, to give
their Reason publicly, 8 vol. 434. — ^And they
ought to abide by such Reasons, and not make
good their Judgments by after thoughts, ibid,
ib. — It was formerly the practice for the Judges
to reduce Acts of Parliament into form, 6 vol.
1104, 16 vol. 1389. — Reference to numerous
Passages in the State Trials, from which it
appears that formerly the Judges took no notes
of the Evidence, 17 vol. 1420 (note). — ^An
Action will not lie against a Judge for any
thing done by him in bis judicial Character
within the limits of his Jurisdiction, 6 vol.
1096, 20 vol. 203, 228.— Judges have been in
all ages punishable for giving corrupt Judg-
ments, but their ability and fitness for their
Office, can only be questioned by the King,
6 vol. 1004. — Severe Punishment formerly
passed on Judges who violated their
judicial Oath, 3 vol. 1274. — ^Discussion, of
several Points relating to the criminal respon-
sibility of Judges for their judicial Acts, in
Governor Picton's Case, 30 vol. 748, 776. —
General Rules respecting the mod« of ^tiinat-«
109
OENEftAL I^DEX TO
\ltlBCiitJL*
Jug fhfl de(^ee of audioiity doe to Jadicial Deci-
sions on pointB of Law^ from Mr. Baron
lifaseres'B Canadian Freeholder, 20 vol. 350.
*-*Oanger of Judges attempting to strain the
Law by their own notions of Justice, 20 vol. 642.
i**Proceeding8 in Pailiament in 1640, against
the Judges for their Judgment in the Case of
Ship-Money, 3 toI. 1260. — Mr. Luders^s
Bemark on the Ship-Money Judges, 6 vol.
906 (note) — On the Trial of Hacker, otie of
the Regicides, it was resolved that two of the
Judges named in the Commission were good
Witnesses for the Crown, 6 vol. 1181 (note).
•«-A Judge may give Evidence in a Cause tried
heforepiimself,!! vol.459. — Judges ought not,
upon a Trial, to declare any fact which they
.know of their own knowledge, unless they are
sworn as Witnesses, 7 vol. 874. — On a Trial
in the Court of the Lord High Steward, if a
question of Law is proposed for the Judges, it
must be stated in the presence of the Prisoner,
7 vol. 156 and (note), 18 vol. 1011.— Danget
at intrusting Jndges with discfetionary powerj,
9 vol. 56 (note). — ^Meaning of Judicial Discre-
lion explained by Lord Mansfield, 19 Vol. 1089.
— ^It iifOA held 1>y a Majority of the Judges in
the Bankers' Case, that in the Court of Exche-
quer Chamber^ the Lord Higli Treasurer and
the Lord Keeper are to give Judgment accord-
ing to their own Opinion, though the Opinion
of the greater numbei: of the Judges is against
them, 14 vol. 105. — ^Favpurable circumstances
in the Conduct of the Judges at the beginning
of the Reign of Charles the First, 3 vol. 333.
— Conduct of the Judges at the commence-
inentof the Commonwealth, 4 vol. 1251 (note).
— Form of the Oath of the Judges, as settled
by the Parliament during the Commontvealth,
ibid. ib. — Names of the Judges during the
Protectorate, 5 vol. 946. — Account of the order
of succession of some of the Judges during the
latter part of the Reign of Charles the Second,
15 vol. 1198. — Setjeant Haywood's Historical
Kotices of the Judges in the Reigns of Charles
the Second and James the Second, 12 vol. 257
(note). — Roger Coke says that the Judges in
the time of James the Second, with the excep-
tion of Atkins and Powell, were " such a pack
as never before filled Westminster Hall," 8 vol*
196 (note).
JUDGMENT.
Mr. St; John argues, in the Great Case of Ship-
Money, that though the King is by the Constitu-
tion the Fountain of Justice, he cannot give
Judgment In any Court without the assistance of
the Judges, 3 vol. 861.— In Murder the Judg-
xnent by the Common Law is always the same,
and therefore, in Felton's Casie for stabbing
the Duke of Buckingham, the Court refused to
order the Prisoner's hand to be cut off, though
required so to do by the King, 3 vol. 372. —
"Where the Judges have considered any question
to be of sufficient difficulty to be argued before
them, they ought, by the Common Law, in
giving Judgment, to publish their Reasons, 8
vol, 434.--IO ancient times, the Reasons for
Jadginents were put upon the Record in CaiM^
of difficulty, ibid. ib. (note).— The Judgnaent in
Fitzliarris's Case was said bjr Sir John Hawles
to be the first mute Judgment in Westminster
Hall, ibid. 435.— Lord Mansfield gave it as his
Opinion that it was of great importance lo ex-
plain the Reasons of Judgments in open Court,
19 vol. 1098.— A Judgment of Imprlsonxtient,
to commence in fuluro after the determination
of an Imprisonment on a former Sentence for
another Offence, held on Error in the House of
Lords in the Case of White and Hart, to be good
in Law, ibid. 1132.— Argument of the question
whether a Judgment of Jactitation ih the ^Eccle-
siasticalCourtis not conclusive Evidence against
a former Marriage,onanIndictmentfor Bigamy,
Duchess of Kingston's Case, 20 vol. 391. — On
an Outlawry for High Treason, the Outlawry is
the Judgment, and the practice of the Court pf
King's Bench, when the Prisoner is brought
into Court, is not to give Judgment,, biit
merely a Rule for Execution, HoUoway's Case,
10 voU 5.— When a person is convicted of
Treason on a Trial at Bar in the Court of King's
Bench, whether by Confession or Verdict,
Judgment ought not to he pronounced imme-
diately, but uie Prisoner has four full days to
move in Arrest of Judgment, if there be so
tiiany days of the term remaining ^ if not, then
the longest time that can be had in the Term
is allowed, Alexander Knightley^s Case, 13
vol. 403. — instance of Judgment for a^ Misde-
meanour being postponed till a subsequent
Term because there were not four full days
remaining in the Term in which the Convic-
tion took place, 9 vol. 185.— -Mr* Justice
Foster^s Remarks upon the question whether
the King has the power by his Warrant, of
ordering the Execution in capital Cases to
vary from the Judgment, 11 vol. 376 (note).—
Lord Bacon doubts whether thiB King has in
strictness such a Power in Cases of Fetony,
7 vol. 1539 (note).— -Precedents of a variation
of the Execution from the Judgment in capital
Cases, laid before James the Second on behalf
of Lady Alice Lisle, 11 vol. 378.— Sir Samuel
Romilly'sRemarks on the difrereiice between the
Judgmentand£xecutionInTreasoh,l8 vol.838.
JUDICIAL OFFICES,
Antiquity of the practice of selling Judicial
Offices, 16 vol. i 088.— Arguments for the
legality of the practice, ibid, 1089, 1109, 1273.
JURISDICTION.— See Ahaiement; DihtOfy
Plea; Admiralty.
The Case of the Jurisdiction of the House
of Lords on a Petition by Thomas Skinner
against the East-India Compatiy, 18 Car. 2,
1666, 6 vol. 709. — Discussions between the
House of Lords and the House of Commoiis,
respecting the Jurisdiction of the former tO
take cognizance of matters brought before
theta judicially by way of original Complaint
and not by Writ of Error or any Process of
Appeal, ibid. 725.— -Reasons aricl Precedents
against their JuHsdietion ioi this respect; ibid-
C<>KTEKTS.j
THE STATE TRIALS.
19»
730. — ^Reasons and Precedents in favour
thereof^ ibi<L 733. — ^Precedents to show that
ivl^re a party does not plead to the Jurisdiction
of the Court, the Court may proceed, even in
Cases not within its jurisdiction, ibid. 733. —
Hie Court of King's Bench have no Juris-
dictiba to inquire upon a Habeas Corpus
into the validity of a Commitment by either
House oi Parliament during their Session,
ibid. 12^6. — ^It is a general rule that a person
who in pleading impeaches the Jurisdiction of
one Court, must point out some other Court
to which the Jurisdiction belongs, 14 vol. 791,
20 vol. 229. — This Rule discussed in Mr.
Justice Johnson's Casfe, 29 vol. 388. — Discus-
sion in Fitzharris*s Case, whether the pendency
of Proceedings in a Superior Court takes away
the Jurisdiction of an Inferior Court, which
had an original Jurisdiction of the cause, the
person^ and the fact, at the time of the fact
committed, 8 vol.281. — An Action will not
lie against a Judge for any thing done by him
Id his judicial character within the limits of his
Iurisdiction,j5 vol. 1096, 20 vol. 203, 228. —
Hie JurisdicSonof the Privy Council is limited,
and therefore the causes of a Commitment by
them ought to appear upon the Warrant, 3
vol. 28. — ^A Plea to the Jurisdiction is not
iaToiired in Law, and therefore no time is
allowed for making it, but the party must be
ready to maintain it presently. Lord Dela-
roere's Case, 11 vol. 524. — Plea to the Juris-
diction of the Court in Fitzharris's Case, that
an Impeachment was depending in Parlia-
ment for the same Treasons, 8 vol. 251. —
Argument upon tlie Validity of this Plea,
ibid. 281. — Sir John Hawles's Remarks upon
it, ibid. 431.-— Local Jurisdictions said to be
inherent in the nature of the Feudal Institu-
tions of this Country, 28 vol. 275. — ^The King's
Courts in England have Jurisdiction to try an
Action of Trespass and False Imprisonment
brought against a Governor of a Colony ap-
pointed by Letters Patent from the Crown,
Most^n V. Fabrigas, 20 vol. 226. — ^Reference to
Cases and Au^k|iities respecting the Jurisdic-
tion of Courts piPCommon Law to punish blas-
phemous and obscene Libels, 17 vol. 157 (note).
:— Judgment of the Court of King's Bench on
ihis subject in. Curll's Case, ibid. 160. — It is
laid down by Lord Holt that there ought to be
no Plea to the Jurisdiction after an Imparlance,
and that a Special Imparlance admits the
Jurisdiction, 20 vol. 210. — Argument in the
Case of Fabrigas v, Mostyn, that after an lin-
parlance the C[uestlon of Jurisdiction cannot
be gone into, ibid. 208. — Discussion in the
fianJLers' Case, respecting the Jurisdiction of
the Barons of the Exchequer over the Revenues
of the Crown, 14 vol. 1.
JURY.— See CWZengc; Grand Jury; Lihel;
Jury-PaneL
Juries often rnisled by the introduction of
words of course into Indictments, 1 vol. xxx.
r~instanoes of acquittals by Juries in State
Prosecutions very rare in ancient times, ibid. .
407. — ^Instances of qtiestiomag and punishing
Juries for their verdicts, 1 vol. 901, 5 vol. 445,
6 vol. 967, 18 voK 313 (note).— Remarks of
Lord Hale and Blackstone upon the practice
of arbitrarily punishing Juries fof finding a ver-
dict contrary to the directioi^ of the Judge, 5
vol. 445, 6 vol. 967 (note).-*-Chief Justice
Vaughan's Argument against the ^actice of
fining or imprtsoning Juries lor their Verdicts,
on delivering th« Judgment of the Conn m
Bushell's Case, 6 vol. 99^— -Mr. Erskii^e's
allusion to Bushell's Case, in kis Defence of
the Dean of St. Asaph, 21 vol. 925. — Resolo*
tion of the House of CcMnmons in 1667 against
the practice of fining Juries for their Verdicts,
6 vol. 995. — Chief Justice Vaugban argues
in Bushell's Case, that a Jury may foui^d uieir
Verdict upon their own personal knowledge,
independently of the Evidence given in Court,
ibid. 1011, 1012.— 'Mr. Barrington observes
that the Witnesses to a Deed seem to have
been in ancient times a neces^ry part of the
Jury which was to try its validity, ibid. 1013
(note).— On the Trial of Blixabeth Cellier for
a Libel, the Jury were not permitted to take
the Libel out of Court trlth tlieiii^ when they
retired to consider theif verdict, without the
cotisent of the Defendant, 7 vol. 1207. — Juries
are not at liberty to act arbitrarily in finding
their Verdicts, but are bound by the dictates of
conscience, informed by reasonable proofs, 13
vol. 455. — Juries may if they please, determinei
both the Law and the Fact, 4 vol. 1284
(note), 6 vol.1017 (note), 21 vol. 995.— Mr. .
Hargrave's Note on the respective provinces of
the Judge and Jury in deciding questions of
Law and Fact, 6 vol. 1013 (note). — See what
is said by Lord Mansfield on this subject in
the Case of the Dean of St. Asaph, 21 vol.
1037. — fiy the Law of Scotland Jurors had
always the power of deciding the Law as well
as the Fact, 23 vol. 114,— Mr. Erskine's Argu*
nient in the Case of the Dean of St. AsapR
upon the rights and powers of Juries in Cri«*
minal TrislTs in general, and particularly in
Cases of Libel, 21 vol. 961, 971.—OfUe Dif-
ference in Civil and Criminal Proceedings as
to the rights and powers of Juries, ibid. 977.
—Debates in the House of Lords respecting
Juries previously to the passing of Mr. Fox's
Libel Act, 22 vol. 294.— Paper on the Poweril
and Duties of Juries circulated by the Consti-
tutional Society in 1783, 21 vol. 851.— An
Action will not lie against a Juror for what he
does as a Juror, being sworn in a Court of
Justice upon a matter cognizable by that Court,
10 vol. 1344, 1359, 1414.— Mr. Emlyn's
Animadversions On the practice of requiring
unanimity in Juries, Em. Pref. 1 vol. xxix.—
Mr. Baron Maseres's Observations on the same
subject, 14 vol. 617 (note). — Bracton says that
it was anciently the practice to add to the
number of the Jury when the twelve could not
agree, ibid. 618 (note).— Mr. Barrington's
Opinion on the probable cause of the abolition
of the practice mentioned by Bracton, ibid*
619 (note),— Mr, Bavringtoa's Remarks on the
GENERAL INDEX TO
300
practice of inclosing Janes, 12 vol. 473 (note).
— Instance of the Discharge of a Jury by the
Court as to two of several Prisoners in aCapi-
tal case^ after the Evidence was concluded on
the part of the Crown, in order to^ give an
opportunity of supplying a Deficiency in the
Evidence for the Prosecution, Whitebread's
Case, 7 vol. 120. — Remarks upon that Case,
ibid. 497(note). — ^Reference to various authori-
ties upon the question whether a Jury once
charged and sworn in a capital Case can be
discharged under any circumstances till they
have given their Verdict, 7 vol. 497 (note). —
Instance of a Jury being discharged in a Case
of Murder in Ireland, because they could not
agree in their Verdict, 28 vol. 646. — Form of
the Rule for discharging a Jury in that Case,
ibid. 647.— The same Prisoner was afterwards
tried upon the same Indictment and acquitted,
ibid. ib. — Arguments in the Case of the Kin-
lochs respecting the power of the Court to
discharge a Jury in a capital Case, 18 vol. 402.
— Mr. Justice Foster says that whena Piisoner
is indicted for Murder, and the proof amounts
to Petit Treason, he should make no difficulty
of discharging the Jury of that Indictment, and
ordering anoUier Indictment for Petit Treason,
18 vol, 1200. — Opinion of the Judges in the
House of Lords in Lord Delamere's Case, that
a Jury once charged and sworn in a Criminal
Trial cannot by Law adjourn until they have
given their Verdict, 11 vol, 561. — Mr. Emlyn's
Opinion upon this point in the Case of Eliza-
beth Canning, 19 vol. 671 (note). — But the
Court may adjourn the Trial where there is an
actual necessity for such an Adjournment,
Hardy's Case, 24 vol. 414, Home Tooke's
Case, 25 vol. 129, 1295 (note). — En try of such
an Adjournment upon the Record in Stone's
Case, ibid. 1296 (note). — On the Trials of
Home Tooke and Stone, the Jury were not
permitted to separate till they had given their
Verdict, but retired, upon the Adjournment of
the Trial, to an adjoining Tavern, and Bailiffs
were sworn to keep them in the usual manner,
ibid. 745, 1296 (note). — Allowance of an Ob-
jection to a Juror by the Crown on the Trial
of Sir Miles Stapleton for being concerned in
the Popish Plot, that he had disparaged the
Witnesses for the Plot by calling his Dogs after
them, 8 vol. 503. — Arguments on the Trial of
Lord Williaip Russel for Treason upon the
validity of an'Qbjection to a Juror that he had
no Freehold in the City of London, 9 vol. 586.
"—Judgment of the Court against the Objec-
tion, ibid. 591. — Sir John Hawles's Remarks
upon this Decision, ibid. 797.— Discussion in
Dr. Sheridan's Case, in Ireland, whether in
Counties of Corporate Cities, or Corporate
Towns, the want of Freehold is a good ground
of objection to a Juror, 31 vol, 579. — ^The
Court of King's Bench in Ireland decide
against the Objection, ibid. 611. — In a Case of
Treason or Felony, if a Juror^have previously to
the Trial, declared his opinion respecting the
Prisoner's guilt, it is a good cause of Challenge,
but the fact must be proved aliunde and not
I
[Mrdcsxx*
by the examination of the Juror, Peter Cook'k
Case, 1 3 vol. 334. — Instance of a Juror being
committed by a Judge for saying after he was
returned and before he was sworn, that he
would not find a Verdict for the Crown, 7 vol.
715. — A Juror cannot be asked upon the Voir
dire any question which touches his honour or
character, 15 vol. 898 (note). — Chief Justice
Parker, on an objection made by a Prisoner,
refused to allow any persons to be on his Jury
who had pronounced a Verdict upon the same
facts in another Case, Willis's Case, 15 vol.
615. — It is a good ground of Objection to a
Juror in a criminal Case, that he is one of the
Grand Jury who found the Bill of Indictment,
Oates's Case, 10 vol. 1081. — It is no Objection
to a Juror that some time previously to the
Trial, a Law-suit was depending between him
and the Prisoner, Francia's Case, 15 vol. 897.
— Discussion whether it be an Objection to a
Juror on a Trial for Misdemeanour, that he
holds an office of profit under the Crown. 9
vol. 1057.— Lord Holt holds on the Trial of
Sir William Parkyns, that it is no cause of
Challenge to a Juror that he is a Servant of
the King, 13 vol. 75. — See Mr. Margrave's
Note on this point, 22 vol. 1038 (note).—
It is in some respects unreasonable that
several persons charged in one Indictment
should be tried by the same Jury, 1 vol. 1050
(note). — Instance of a Juror being sworn to
give Evidence in a Cause to the Court and bis
fellow Jurors, 6 vol. 1012 (note), 18 vol. 123.
— Instance of Jurors on a Criminal Trial being
asked on their Oath whether they had been
applied to by the Prisoner respecting their
Verdict, 15 vol. 735. — A Jury set aside on
proof that thay had been tampered with by the
Prisoner, ibid. ib. — In a Trial for Treason if a
Juror have a Freehold and Copyhold amounting
together to 10/. a year, it is a suf^cient quali-
fication, Townley's Case, 18 vol.348. — 'Affida-
vits of the Jury were received by the Court on
a Motion for a New Trial in the Case of Simon
the Jew, 19 vol. 684. — ^The AfiBdavit of a Jury-
man with regard to his Sentiments on a point
of Law is not admissible on a Motion for a
New Trial, Almon's Case, 20 ^l. 851.— Rea-
sons against the admission of Affidavits of
Jurymen to rectify or alter their Verdict, ibid.
911 (note). — Cases in which the Affidavit of a
Juryman may be received, ibid. 919.— An
Affidavit by a Juryman of what he thought or
intended can never be received, ibid. ib. — Tlje
Stat. 27 Eliz. c. 7, requiring an Addition to be
given to the name of every Juror returned on
the Jury Panel, does not apply to London, 15
vol. 1323.— On the Execution of a Writ of
Inquiry in an Action of Scandalum Magnatum
brought by James, Duke of York (afterwards
James the Second) against Oates, fifteen Jurors
were sworn, 10 vol. 129. — Account by Mr.
Barrington and other Writers of the probable
reason why no Attaint lies against a Jury for a
false Verdict in Criminal Cases, 11 vol. 77
(note). — Upon a default of Jurors in a Case of
Felony before Commissioners of Oyer and
QarrrnKTB.'}
THE STATE TRIALS.
301
Terminer, there may be a Tales, but not before
Commissioners of Gaol Delivery odI^, 13 vol.
322y ibid. 326. — ^Reason of this distinction^
ibid. 326. — Practice respecting the Jury Pro-
cess under a Commission of Gaol Delivery,
ibid. ib. — In a Court of Cktol Delivery, if a
Trial ^es off for defaalt of Jurors there may
afterwards be a new Jury Panel, though some
of the Jurors -who first appeared were sworn,
ibid, ib.— Form in which the Jury deliver their
Verdict by the Law of Scotland, 11 vol. 92
(note), ibid. 96 (note). — Manner of forming
the Jury by the Law of Scotland in criminal
Cases, 19 vol. Ill (note). — If, after a Special
Jury bas been struck, the Cause goes off for
default of Jurors, no new Jury can be struck,
but the Cause must be tried by the Jury first
appointed, Franklin's Case, 22 vol. 981 (note),
ibid. 983.— Instance of the claim of a Jury
de Medietate Linguae by several Foreigners,
on their Trial for Murder in 1682, 9 vol. 8.
JURY PANEL.
The Copy of the Jury Panel required by
the Stat, of Will. 3 to be delivered to persons
accused of High Treason, may be delivered
before tbe Return of the Venire facias. Rook-
wood's Case, 13 vol. 152.— Stat. 7 Anne, c.
21, s. 11, authorizing the delivery of a Copy
of thft Jury Panel to persons charged with
Treason or Misprision of Treason, 10 vol. 268
(note). — ^In a Court of Gaol Delivery, if a Case
goes off for default of Jurors, the Trial may
afterwards be had by a new Jury Panel,
though some of the first Jurors were sworn,
13 Tol. 326.— A person indicted for Treason
is entitled to a List of the Jury ten days be-
fore his Arraignment, 21 vol. 648. — Mode
adopted in the Case of Lord George Gordon
of procuring the List from the Sheriff, ibid. ib.
—Mr. Emlyn says, that it would be reasonable
to allow a List of the Jury to the Prisoner in
Cases of Felony, Em. Pref. 1 vol. xxxi. — Mr.
Justice Foster expresses a doubt whether the
famishing a Prisoner, in Cases of Treason,
with a List of tbe Jury is not liable to much
abuse, 26 vol. 14.~The Stat. 27 Eliz. c. 7,
requiring an Addition to be given to the name
of every Juror returned on the Jury Panel,
does not apply to London, 15 vol. 1323.
JUS REGIUM.
Mr. Hargrave's Account of a Pamplilet so
called, published in 1701, upon the Right of
the King to alienate the hereditary Estates
and Revenues of the Crown, 14 vol. 5.
JUSTICE, COURTS OF.
Mr. De Lolme's Remarks on the public ad-
vantages to be derived from the notoriety of the
Proceedings of Courts of Justice, 30 vol. 1258.
JUSTICE-CLERK.
The Justice-Clerk was not originally one of
the Judges, but only a Clerk of the Justice
Court, 10 vol. 989 (note).— The earliest Se-
derunt of Justiciary in which his name is
mentioned as a Judge, is in 4663, ibid. ib. —
Mr. Hume's Conjecture as to the mode in
which this Officer obtained a Seat and Presi-
dency in the Court, ibid, ib*
JUSTICES*— See Gaol Delivery: Oyer and
Terminer,
JUSTICES OF THE PEACE.
Justices of the Peace are not Justices of
Oyer and Terminer within the meaning of
those Words in a penal Statute, 2 vol. 758.—-
The authority of Justices of the Peace is de-
rived not from the Common Law, but from
Statutes, 12 vol. 1376. — Their powers are
much larger than those of Conservators of the
Peace in ancient times, ibid. ib. — Said to be
an unwarrantable practice in Justices of the
Peace, under the pretext of considering the
propriety of bailing a Person charged with
Murder, to examine particularly the Witnesses
for the Prosecution, ibid. 998. — Lord Chan-i
cellor Macclesfield says, that according to
some old Statutes, Justices of the Peace are to
be named by the Lord Chancellor and the
Council, but that the usage was for the Chan*
cellor alone to name them, 16 vol. 1270. — ^It
is the duty of Justices of the Peace to attend
the Assizes, 15 vol. 1421*
JUSTICIARY.
Judgments of the Court of Justiciary in
Scotland are final, and not subject to the Re-
view of any other Court, 19 vol. 1334.
JUSTIFICATION.
Truth is no Justification of a Libel, and
therefore, in Francklin's Case, Chief Justice
Raymond would not receive Evidence of the
Truth of a Statement charged to be libellous, 17
vol. 658. — Mr. Hamilton's Argument in Peter
Zenger's Case, tliat Truth is a Justification of
a Libel, ibid. 700. — See the Opinion of the
Judges in the House of Lords during the
Debates on Mr. Fox's Libel Bill, 22 vol. 298.
— ^Whatever is a Justification in the place
where the wrongful Act charged is done, ought
to be a Justification where the Cause is tried>
20 vol. 232.
KEEPER OF THE GREAT SEAL.
It has been doubted whether the Lord
K,eeper has a power of committing, except in
a Court of Equity, 12 vol. 1361.
KENTISH PETITION.
History of the Kentish Petition to the House
of Commons in the Reign of William th«
Third, 14 vol. 895 (note).
KILLING NO MURDER.
Harris's Account of the Tract so called, pub«
lished during the Protectorate, 5 vol. 852 (note).
KING.
See Compassing the King's DeaUi; Conquest i
Dispensing Potoer; Prerogative; Treason,
Summary of the Prerogatives of the King of
England, 3 vol, 1023, 1083.-'By the Law of
302
GENERAL INDEX TO
CMlSCElt.
England, the care of the Defence of the Realm
is introsled to the King, ibid. 859.—- Means
afforded by the Law to the King to conduct the
Defence of the Realm, ibid. 864. — Of the two-
fold power of the King of England, called *^ Vo-
luntas in Camera," and " Voluntas per Legem,"
ibid. 861. — ^The King cannot himself impose a
Fine, but it must be done judicially by his
Judges, ibid. 129. — ^Though the King is, by the
Constitution of England, the Fountain of Jus-
tice, he cannot give Judgment in any Court
without the assistance of the Judges, ibid, ib.,
5 vol. 991. — The King cannot alter the Law
without the assistance or consent of Parliament,
2 vol. 483, 3 vol. 862, 11 vol. 1206. — Discussion
in the Case of Ship Money of the power of
the King of England to impose Taxes upon his
Subjects without the concurrence of Parliament,
3 vol. 856. — Discussion in the Great Case of
Impositions of the power of the King, without
the aid of Parliament, to impose Taxes on
Merchandize at the Ports, 2 vol. 382. — Mr.
Hargrave's Remarks in his Introductory Note
to the Case of Impositions, upon the history of
the Claim by Kings of England of the Prero-
gative of imposing Taxes, ibid. 371. — It is a
Prerogative of the King of England to make
Proclamations, ibid. 726. — Discussion of the
pature and extent of this Prerogative in the
tase of proclamations, ibid. 725. — Sir John
Davis's Remarks on the King*s Prerogative of
laying Embargoes, in his Argument in the Great
Case of Impositions, ibid. 402. — Of the sense
in which the Ports and Havens of the Realm
are said to belong to the King, ibid. 474. — It
is the exclusive Prerogative of the King of
England to make Money within the Realm,
and no other Person can do it without a special
Licence from the Crown, ibid. 116. — Mr. Jus-
tice Foster's Argument in support of the
King's Prerogative of Pressing Seamen, 18
vol. 1331 . — Mr. Hargrave's Note on the King's
Dispensing Power, 11 vol. 1187 (note). — His
Reference to Treatises and Cases illustrating
the Controversy on this subject, ibid. 1190
(note). — iDiscussion of the subject in the Case
of Sir Edward Hales, ibid. 1187.- The King
of England has the whole and sole power of
pardoning Treason and Felony, 4 vol. 929. —
The King cannot naturalize an Alien without
the concurrence of Parliament, ibid. 499. —
Lord Coke says, that it was resolved by all
the Judges in Calvin's Case, that if a King
come to a Kingdom by Conquest, he may alter
the Laws of that Kingdom, and that until he
makes the alteration the ancient Laws remain ;
but if he come to the Kingdom by Descent,
he cannot alter the Laws without the consent
of Parliament, 20 vol. 326.— Lord Mansfield
adopts this Resolution ii^delivering the Judg-
ment of the Court in the Case of the Island
of Grenada, ibid. 320.— Difference between a
xonquered Country and a Colony, with re-
spect to the power of the King to make new
Laws or impose Taxes upon the Inhabitants,
ibid. 326.— Full Discussion in the Argument
of the Case of the Island of Grenada; respect-
ing the power of the King to impose Taxes
on a conquered Country, ibid. 258. — Mr.
Baron Maseres's Doubts respecting the Doc-
trine laid down hy Lord Mansfield in the Case
of the Island of Grenada, ibid. 333.~Mr.
Nolan's Argument in Governor Picton's Case
against the power of the King of Great Britain
to make or continue Laws in a conquered
Country, which are inconsistent with the funda-
mental Laws of England, 30 vol. 899.— Dis-
cussion whether the King of England has the
power of keeping Guards or Soldiers, for the
preservation of his Person in time of Peace,
9 vol. 765. — Argument of Mr. Holt, in the
Great Case of Monopolies, that the King has
the power of granting by Charter an exclusive
Licence to trade with lofidels^ 10 vol. 377.
— Sir Robert Sawyer*s Argument to the same
point, ibid. 407.— Sir George Treby's Argu-
ment in the same Case against this Doctrine,
ibid. 390. — Mr. Pollexfen's Argument in the
same Case, that the King cannot impose
general restrictions on Trade, ibid. 419.—
Proceedings in 1718 upon the King's Claim to
a Prerogative riespecting the Education and
Marriage of the Royal Family, 15 vol. 1195-
— Opinions of the majority of Judges that
the King has the Prerogative of ordering the
Marriage and Education of his Gratid-childreD,
ibid. 1223.— Mr. Baron Price and Mt. Justice
Eyre dissent from this Opinion on the point of
Education, ibid. 1224. — ^Arguments of the
several Judges upon the subject, ibid. 1206.
— ^The King's Prerogative is a part of the
Law of England, 3 vol. 68.— Of the sense
in which the term "King" is to be under-
stood when used by Writers on the Law
of Nations, 20 vol. 289, ibid. 308.— The Body
natural and Body politic make one indivisible
Body in the person of the King, 4 vol. 928.—
Argument of Cook, Solicitor General to the
Commonwealtli, that the King of England has
only a limited power to govern by Law, ibid.
1019.— Argument that the King of England
is responsible for Offences against the Law,
ibid. 1034. — In passing Judgment on the Regi-
cides, Sir O. Bridgman declares, that the people
of England have not representatively or col-
lectively any coercive power over the King,
5 vol. 1226.— Discussion whether persons can
be punished for adhering to the King de focto
agamst the King de jvre, 6 vol. 121 (note).—
It was resolved in Sir Henry Vane's Case, that
Charles the Second, before his Restoration,
and not in actual possessioti of the OflSce of
King, was Kitig both de jure and de factOf
ibid. 121.— Remarks upon the Statute lUfen*
7, c. 1, declaring ihat no person for assisting
a King de facto shall be attainted of Treason,
ibid. ib. (note).— The King sits in the House
of Lords in a Legislative and Judicial capacity,
ibid. 752.— Shiels's Vindication of the Condurt
of those who refuse to pray for a tytoWicM
King, 10 vol. 912.— Lord President Brads^ws
Assertion of the Right of the People of- Eng-
land to call their Kings to account for MiJCQO-
duct, in his Address to Charles the First pi«*
C()KTSN3%I.]
Wt^
'viousiy to passing Sisntenee upon him in the
High Court of Justice, 4 vol. 1008. — Opinion
ftf the Judges in the time of James the Second
that the Kings of England are absolute Sove«
feigns^ 11 vol, 1198 (note).— See also the Ar-
|[ument of Sir John Banks CAttorxiey General)
ID the Great Case of Ship Money, 3 vol. 1022.
— Mr, Selden says* that the King of England
is an Emperor, and that the Realm of England
is an Empire, 15 vol. 1212.— Sir John Scott's
Account of the Constitutional Character of a
King of England, 24 vol.243.— « DominuSRex/'
in pleading, always means the King of England,
13 vol. 223. — The King may charge or alienate
those parts of his Revenue in which he has
an unrestrained Estate of inheritance, 14 vol.
23, 29. — Mr. Hargrave's Account of a Pamph-
let on this subject, called '' Jus Regium," pub-
lished in 1701, 14 vol. 5.-— Remarks upon the
limitation of the power of the Crown in the earlier
periods of English History, 22 vol. 448 (note),
KING'S ADVOCATE.
Mr. Hume's Account of the Powers and
Duties of ^he King's Advocate by the Scotch
Law, 11 vol. 268 (note).
KING'S BENCH.
The Court of King*s Bench is the highest
Court of ordinary Justice in criminal Causes
within the Realm, and piaramount to the au-
thority of Justices of Oyer and Terminer and
Oaol Delivery, Lord Sanquire's Case, 2 vol.
758 ; see also 3 vol. 306. — ^The Judges of the
Court of King's Bench are Justices of Oyer
and Terminer and Gaol Delivery within the
Stat. 2 and 3 Edw. 3, c. 24, authorizing Jus-
tices of Oyer and Terminer to proceed against
Accessories in the County where they are
accessory, 2 vol. 758. — At Common Law,
Commissioners of Oyer and Terminer and
Gaol Delivery could not sit in the same County
where the Court of King's Bench was sittings
ibid. 759. — If there be Error in Proceedings on
the Trial of a Peer in the Court of the Lord
High Steward, the Judgment may be^eversed
in the Court of King's Bench, 3 vol. 308. —
Lord Coke says, that the Court of King's
Bench is higher thah the Chancery, 3 vol.
127.— Style of the Court of King's Bench
during the Commonwealth, 4 vol. 1251 (note).
— In the Court of King's Bench, the second
Judge in point of seniority pronounces Sen-
tence in all criminal matters except High
Treason, 7 vol. 222. — Opinion of the Judges
in the House of Lords, in the Case of Hart
and White, that the Court of King's Bench
may imprison persons convicted of Crimes
in that Court in any Gaol in the Kingdom,
and may also require Sureties for Good Beha-
viour for a reasonable time^ 30 vol. 1344.
KING'S COUNSEL.
Formerly the Attorney General had no Pre-
audience for any Motions but such as he made
ior the King, 2 vol. 881 (note).
THE STAtE TRIALS. ios
KING'S EVIL.
Observations on the popular Superstition
respecting the removal of this Disease by the
Eoyal touch, 11 vol. 1060 (note). <
KNIGHT OF THE GARTER.
Degradation of Edward, Duke of Bucking-
ham, from the Order of the Garter, 13 Hen. 8,
1522, 1 vol. 297.
LANCASHIRE PLOT.
Minutes from the Crown Office respectiiig
the Trials at Manchester in 1694 for the Lah-
cashire Plot, 12 vol. 1284.— Tindal's Account
of the Plot, ibid. 1265.
LANERKSHIRE MEN.
Proceedings in the Conrt of Justiciary
against several persons of Lanerkshire for
Treason in harbouring Traitors, and beidg
Gonperned in the Rebellion of Bothwell Bridge,
33 Car. 2, 1681, 11 vol. 245.— The Indictment^
ibid. ib. — ^They are found Guilty, and Sentence
of Death is passed upon them, ibid. 295. —
Lord Fountainhairs Notice of these Proceed-
ings, ibid. 245 (note). — ^Wodrovf's Account of
them, ibid. 247 (note).
LARCENY.
If a Man steal Goods in one County, and
carry them into another, it is Larceny in every
County through v^hich he takes them, 14 vol.
1006, ibid. 1026. — Under some circiimstancW,
a man may be guilty of a Larceny in stealing
his own Goods, 19 vol. 803. — It is of the
essence of a Larceny that the Goods be taken
against the will of the Owner, ibid. ib.
LATIN.
Mr. Emlyn's Objections to Indictments and
other Proceedings in Codrts of Justice being
in the Latin language, Em. Pref. 1 vol. xxix.
— By Stat. 4 Geo. 2, c. 26, it is enacted, that
all Proceedings shall be in English, Ibid. ib.
(note). — When the Proceedings in criminal
Cases were in Latin, the Indictment wsls read
to the Phsoner in English before he pleaded,
6 vol. 132, and ibid. ib. (note).
LAW.
Superiority of the English Law not so ob-
vious in Civil Suits as in Criminal Proceed-
ings, Em. Pref. xxv. — Mr. Emlyn suggests
several points in which the I^w of England
will admit of improvement, ibid. xxix. — The
Law of England too voluminous, ibid. JlL—
Laws are not founded upon the presumption that
mankind will act rightly, but on the apprehen-
sion of the evil they may do, 8 vol. 45 (note).
— Blackstone fixes the Year 1679 as the point
of theoretical perfection of the Law of Eng-
land, ibid. 242. — Mr. Fox's Reflections upon
this Remark of Blackstone, ibid. 243. — ^Argu-
ment on the Origin and Authority of Laws
in general, 11 vol. 1204.
LAW AND FACT.— See Jwj/; libel.
On the Trial of John-Udall for Felony, on
304
the Stat. 23 Eliz. c. 2, -in writing a Libel on
the Queen, the Jury were told by the Court,
that the only Question of Fact for them to
consider was, whether the Prisoner wrote the
Book, and that whether the writing it amount-
ed to a Felony under the Statute was a Ques-
tion of Law for the Judges, 1 vol. 1289. —
Chief Justice Vaughan's Opinion respecting
the mode in which the Judge ought to direct
the Jury as to the Law before the Fact is found,
Bushell's Case, 6 vol. 1008. — Lord North says,
in Colledge*s Case, that the effect of the Evi-
dence in Criminal Trials is matter of Law for
the Judge, but that the truth of the Evidence
is matter of Fact for the Jury, 8 vol. 710. — Mr.
Hargrave's Note on the respective provinces of
the Judge and Jury in deciding matters of Law
and Fact, ibid. 1013 (note). — By the Law of
Scotland, Juries had always the right of deciding
Questions of Law and Fact, 23 vol. 114. — ^Juries
may, if they please, take upon themselves to
decide both liiw and Fact, 4 vol. 1284 (note),
€ vol. 1017 (note), 21 vol. 995. — In Murder,
the Court are Judges of the Malice and not
the Jury, Oneby's Case, 17 vol. 49.
LAW OF NATIONS.— See Qmrter.
Lord Coke says, that it was resolved by all
the Judges in Calvin's Case, that if a King
come to a Kingdom by Conquest, he may alter
the Laws of that Kingdom, and that until he
makes the alteration, the ancient Laws of the
Kingdom remain ; but if he come to the King-
dom by Descent, he cannot alter the Laws
without the consent of Parliament, 20 vol.
326. — ^Lord Mansfield adopts this Resolution
as Law in delivering the Judgment of the
Court in the Case of the Island of Grenada,
ibid. 320. — Mr. Baron Maseres^s Doubts re-
specting the Doctrine laid down by Lord
Mansfield in the Case of the Island of Grenada,
ibid. 333. — Argument that a Law of a Country
conquered by Great Britain, which is tnalwn
in se, instantly ceases upon the Conquest,
30 vol. 741. — ^Mr. Nolan's Argument in Gover-
nor Picton's Case, against the power of the
King of Great Britain to make or continue
Laws in a conquered Country, which are incon-
sistent with the fundamental Laws of England,
ibid. 899.— Of the sense in which the Term
** King" or "Sovereign*' is to be understood
when used by Writers on the Law of Nations,
20 vol. 289, ibid. 308. — By the Law of Nations,
if an Ambassador compass the Death of the
King in whose Country he is, it is Treason, 2
vol. 88U — Discussion, in the Case of Golding
and others, whether persons acting as Privateers
under a Commission from James the Second,
after his Abdication, were by the Law of Nations
Pirates or Enemies, 12 vol. 1269. — ^The Law
of Nations cannot be altered by the Statutes of
any particular Kingdom, ibid. 1278.
LAW OF PARLIAMENT.— See Parlia.
mentaary Law,
LEADING QUESTIONS.
Chief Justice Jefferies, in Rosewell's Case,
GENERAL INDEX TO ^^^ CMxbcsm;. .
prevents the Defendant from patting Leading
Questions to his own Witness, 10 voll 190. —
Chief Justice Eyre says, in Hardy's Case, ,
that it was contrary to his practice and his
opinion to put the Words into a Witness's
mouth, even on Cross-Examination, 24 yoI.
659, ibid. 755. — ^In criminal Trials in Scot-
land, leading Questions are not allowed on
Cross-Examination, ibid. 659 (note).
LEAGUE.
Lord Coke's Account of the Leagues which
by law the King of England may contract
with an Infidel Prince, 10 vol. 409.
LEASING-MAKING.— See Sedition.
Observations on the nature of the Offence
of Leasing-Making by the Law of Scotland,
23 vol. 681 . — Distinction between real Sedition
and verbal Sedition or Leasing-Making, ibid.
855. — Mr. Hume*8 Remarks npon this Dis*
tinctioni 33 vol. 124.
LEGISLATURE.
In Cases where the intention of the Legis-
lature is evident, the duty of Courts of Justice
is, to put the Law into execution, and to leave
all considerations of inconveniencies to the
Legislature, 18 vol. 400.
LEGITIMACY.
Proceedings relating to the proof of the
Legitimacy of the Pretender as the Son of
James the Second, 12 vol. 123.
LETTERS.
Letter from the Pope to Henry the Eighth
respecting a Dispensation for his Marriage
with Catharine of Arragon, 1 vol. 330. — ^Thc
Pope's Letter to Henry the Eighth, exhorting
him to renew his intercourse with Queen
Catherine, ibid. 352. — Letter from the Arch«
bishop of York and the Bishop of Durham to
Henry the Eighth, reporting their Interview
with Queen Catharine respecting her renun-
ciation of her Title, ibid. 365.— Letter of
Queen Catharine to the King shortly before
her Death, ibid. 368. — Archbishop Cranroer*s
Letter of Intercession to the King for Anne
Boleyn, ibid. 41 5. — Letter from the Lieutenant
of the Tower respecting the deportment of
Anne 3oleyn on the day of her Death, ibid.
420.— The Earl of Norihumberiand's Letter
to Cromwell, denying any Contract of Mar«
riage between Anne Boleyn and himself, ibid.
426. — Anne Boleyn's last Letter to the King,
ibid. ib. — Her Letter to Cromwell in favour .
of a persecuted Protestant, ibid. 428. — Letter
of Thomas Howard, Duke of Norfolk, to
Henry the Eighth, from the Tower, ibid. 456.
— ^Bishop Thirleby's Letter respecting the
Duke of Norfolk and his Son, ibid. 465.— The
Duke of Norfolk's Letter to the Lords of the
Council after his Examination in the Tower,
ibid. 466.— Correspondence of the Lady Mary
CoKTKKW.]
THE STATE TRIALS.
205
(afterwards Queen of England) with the King,
and the Lord Protector, and the Council, re-
specting her Religion, ibid. 527. — ^Letter of
Edward the Sixth to the Lady Mary, ibid. 533.
— Correspondence between Stephen Gardiner,
Bishop of Winchester, and the Lord Pro-
tector respecting the continuance of certain
Popish Ceremonies, ibid, 557. — Queen Mary's
Letter to the Lords of the Council on the
Death of Edward the Sixth, ibid. 7t7.—
Answer of the Lords of the Council thereto,
ibid. 718. — ^Lady Jane Grey's Letter to her
Father, ibid. 725. — ^Her Letter to her Sister,
written at the end of a Greek Testament the
night before her Execution, ibid. 726. — ^Arch-
bishop Cranmer's Letter to Queen Mary on
his Citation to appear at Rome, ibid. 823. —
Letter from Archibald Douglas to Mary, Queen
of Scots, respecting the Death of Damley,
ibid. 953. — Correspondence between Mary,
Queen of Scots, and Anthony Babington, re-
specting .the Conspiracy against Queen Eliza-
beth, ibid. 1174.— Singular Letter of Mary,
Queen of Scots, to Queen Elizabeth, from
Murdin's State Papers, ibid. 1202 (note).—
Letter from Sir Francis Walsingham to Sir
Amias Paulett, ibid. 1241 (note).-— Queen
Elizabeth's Letter to Sir Amias Paulett, ibid.
1206. — Her Letter to the King of Scotland
(afterwards James the First) upon being in-
formed of the Execution of Mary, ibid. 1211.
— ^James's Letter to Queen Elizabeth on behalf
of John Udall, a Puritan Minister, ibid. 1314.
— Sir Walter Raleigh's Letter to James the
First the night before his Execution, 2 vol. 38.
—His Letter to his Wife, ibid. 39.— Letters
of Sir Dudley Carleton respecting Sir Walter
Raleigh's Plot, ibid. 47.— Letter to Lord
Monteagle, discovering the Gunpowder Plot,
ibid. 197. — ^Letter of James the First to Arch-
bishop Abbot, respecting the Divorce in the
Case of the Countess of Essex, ibid. 860. —
Letters of Sir Francis Bacon to the King re-
specting Peacham's Case, ibid. 871. — Mr. St.
John's Letter to the Mayor of Marlborough,
respecting Benevolences, ibid. 900. — Lord
Bacon's Letter to King James some years
after the Proceedings in Parliament against
him, ibid. 1113 (note). — ^Letter of Charles the
First to the Judges respecting Ship-Money, 3
vol. 842.— The Earl of Strafford^s Jitter to
.the King after the passing of the Bill of At-
tainder against him, ibid. 1516. — ^The King*s
Letter to the Lords on behalf of Lord Strafford,
ibid. 1520. — ^Letter to Colonel Penruddock
from his Lady, the night before his Execution,
6 vol. 783.— His Answer thereto, ibid. ib. —
Letters of Charles the Second from Breda
immediately before the Restoration, ibid. 947.
— Sir Francis North's Letter to Siir Leoline
Jenkins reporting the Examination of Bedloe
respecting the Popish Plot, taken by him at
Bristol, 6 vol. 1496.— Letters of Sir Robert
Atkyns respecting the Trial of Lord William
Russel, 9 vol. 719. — ^Letter to a Member of
the House of Commons on the Case of the
£vl of Daiiby^ It tqI, 634,^ir Robert
Howard's Letter, containing an Account of
the Revenue, as it. was left by the Earl of
Danby in 1679, ibid. 694.— Letter of the
Mayor of Lyme to James the Second, an-
nouncing the Landing of the Duke of Mon-
mouth, ibid. 1042 (note). — Letter of the Duke
of Monmouth, written in Holland shortly be-
fore his Expedition against England, ibid.
1096. — Letter of the Princess of Orange to
Archbishop Sancroft previous to the Revolu-
tion, 12 vol. 433.— Copy of the Archbishop's
Answer, ibid. 434. — Dr. Stanley's Letters to
the Archbishop previous to the Revolution,
ibid. 436. — Letter of Sir John Fenwick to his
Lady on his being arrested, 13 vol. 627. — Mr.
Locke's Letter to Sir Francis Masham on the
Execution of Aikenhead in Scotland for deny-
ing the Doctrine of the Trinity, ibid. 928. —
The Hertford Letter, containing Remarks upon
the Trial of Spencer Cowper and others for
the Murder of Sarah Stout, ibid. 1202. — Reply
to the Hertford Letter, ibid. 1217.— Letter
written by Lord Kenmure to a Nobleman the
day before his Execution, 15 vol. 803. — Letter
written by Sir Littleton Powis to Lord Chan-
cellor Macclesfield after the Summer Circuit
in 1719, ibid. 1414 — ^The Earl of Kilmarnock's
Letter to his Son immediately before his Ex-
ecution, 18 vol. 516. — ^Lord President Forbes's
Letter to Lord Lovat previously to his openly
joining the Pretender, ibid. 709 (note). — Lord
Lovat's Answer thereto, ibid. 712. — His Letter
to the young Pretender, ibid. 751. — His Letter
to the Laird of Lochiel, ibid. 754. — Corres-
pondence between him and his Sop, ibid.
759, 766. — His Letter to his Son, written the
day before his Execution, ibid. 843. — ^Junius's
celebrated Letter to the King, as set out in
the Information against John Almon, 20 vol.
805. — Mr. Justice Foster's Letter to Chief
Baron Parker on the subject of traversing a
Return to a Writ of Habeas Corpus, ibid.
1378.— The Duke of Richmond's Letter to
Colonel Sharman, on Parliamentary Reform,
24 vol. 1048. — Mr. Erskine*s Letter to a Gen-
tleman of the Bar in Ireland on the Power
of Courts of Justice to imprison for Contempts,
27 yol. 1019.— Lord Erskine's Letter, explain-
ing his Reasons for cancelling his Retainer by
the Proclamation Society in WilHams's Case,
26 vol. 714 (note). — Letter from Robert Em-
mett to Mr. Curran previously to his Trial, 28
vol. 1100 (note).
LETTERS PATENT.
Lord Holt says, in the Earl of Banbury's
Case, that Titles of Honour began to be
created by Letters Patent in the time of
Richard the Second, 12 vol. 1200.— The King
cannot countermand his Letters Patent creat-
ing a Dignity, ibid. 1195. — Questions respect-
ing the effect or extent of the King's Letters
Patent can only be tried in the King's Courts
in England, 20 vol. 230. — It is said to be un-
lawful to collect Money for Charity, or other
purposes, without Letters Patent, 15 vol. HlS^
ibidi ib. (QOte). See Bendky, wmm. ;
206
GENERAL JNDEX TO
{;Mt8CS|«(i«
LEVYING WAR.— See Confessing the Bng's
Death; Treaso7i.
Sir Edward Coke says, in the Case of the
Barls of Essex and Southampton, that if a
Subject continues an armed Power after the
King has commanded him upon his allegiance
to dissolve it, it is a Levying War and High
Treason, 1 vol. 1337. — Opinion of the two
Chief Justices and the Chief Baron, on the
Trial of the Earls of Essex and Southampton
in the House of Lords, that when a Subject
attempts to put himself into such force that
the King may not be able to resist him, and
thus to compel the King to govern otherwise
than he wishes, it is a Iievying War against
the King, ibid. 1355.— If several persons con-
spire to levy War, and only some of them
appear in Arms, it is Treason in all, 5 vol.
983. — It was resolved at a Meeting of the
Judges in 1663, that a Conspiracy to levy
War is an Overt Act of Compassing the King's
Death, though such a Conspiracy is not Trea-
son in the Article of Levying War, ibid. 984 ;
^ee also 13 vol. 61, 23 vol. 1194.-^In
Layer's Case this was said to have been de*
cided a hundred times, 16 vol. 312. — It was
also resolved, at the meeting of the Judges in
1663, that if War be actually levied the parties
may be indicted for Compassing the King's
Death, and the Levying War may be laid as
an Overt Act, 5 vol. 984. — ^Lord Mansfield
says, in Dr. Hensey's Case, that Levying War
is an Overt Act of Compassing the fong's
Death, 19 vol. 1344. — Mr. Justice Foster says,
that every Conspiracy to levy War, for the
purpose of dethroning or imprisoning the King,
or to oblige him to remove evil Councillors,
or to alter his measures of Government, is an
Overt Act of Compassing the King's Death,
21 vol. 490. — Insurrections for public and
general purposes amount to Levying War
within the Statute of Treasons, ibid. ib. — It
was resolved in Messenger's Case, that an In-
surrection with intend to pull down Bawdy
Houses in general, or to break open Prisons
in general and let out Prisoners, was a Levying
War within the Statute, 6 vol. 901. — In Dam*
maree's Case it was held, that the Insurrection
for the purpose of destroying all Meeting
Houses, after Dr. Sacheverell's Trial, was a
Levying War, 15 vol. 605, — Mr, Luders's
Observations upon the doctrine of Constructive
Levying of War, contained in these and other
similar Cases, 6 vol. 902, 15 vol. 522. — Mr.
Wetherell's adlusion to the Cases establishing
the doctrine of Constructive Levying War, in
his Defence of Watson, 32 vol. 431. See also
the Arguments of Mr. Cross and Mr. Denman
in Defence of Brandreth, on his Trial for
High Treason at Derby, ibid. 865, 889.*-Lord
Hale says, that in order to constitute a Levy-
ing of War amounting to High Treason, there
must be a Species BeUif 15 vol. 525 (note). —
Lord Mansfield, in his Charge to the Jury on
the Trial of Lord George Gordon, says, that
the Covurt Qt IMl'^'s fi^Dich were uxwunonsly
of opinion, that an attempt by a multitude
with violence to force the repeal of a Statute,
was a Levying of War and Treason, ibid. 52T
(note), ibid. 606 Tnote), 21 vol. 644.— Volun-i
tarily joining with Kebels in any Act of Re-
bellion is a Levying of War, though the party
be ignorant of the intent, 15*yol. TOl, 7<&
(not^.—Holding a Castle or Fort against ^e
king or his Troops, if actual force be used to
keep possession, is Levying War, 24 vol. 260
(note). — ^Discussion whether a mere Detainer of
a C astle or Fortress, by shutting the Gates agai nst
the King or his Troops, without any other force
from within, be a levying of War^ ibid. ib«
LEX ET CONSUETUDO PARLIAMENTI.
See ParUamentary Law,
LIBEL.
Proceedings against John Udall lor Felony
on the Stat. 23 Eliz. c. 2, in publishing a Libel
upon Queen Elizabeth, 1 vol. 1277. — Tlie Jury
were told by the Court in that Case, that the
only matter of fact for their consideratkn
was, whether the Defendant was the Author
of tlie Libel, and that whether the Writing it
was a Libel wa^ a Question of Law for the
Court, ibid. 1289.*- Sir Edward Coke says, \n
Wraynham's Case, that a Libel upon a dead
person was censurable in the Star Chamber,
** for Justice lives, though the party be dead,"
2 vol. 1073. — Precedents of Prosecutions for
Libels on the Judges, contained in Petitions
to the Crown against them, ibid. 1074. — Cruel
Sentence of the Star Chamber in 1630 against
Dr. XiCigbton, for a Libel upon the King and
the Church of England, 3 vol. 385, — Opinioo
of the Judges in 1637 that a party could not
be punished for labels contained in a Bill in
the Court of Star Chamber, ibid. 714. — Mr.
Prynne's Summary History of the Law of
I^ibels, ibid. 747. — It ws|s said by Chief Juv
tice Scroggs, in the Case of Benjamin Harris,
to have been decided by all the Judges that
Books containing Libels on publie or pnvate
persons maybe seized, 7 vol. 929. — Said to
have been determined by all the Judges in
the Reign of Charles the Secondf that it was
unlawful to publish any intelligence of a
public nature without licence from the King
or his Ministers, ibid. 929, 1114, 1127. —
On the Trial of Elizabeth Cellier for Libel,
the Jury were not permitted to take the libel-
lous Work out of Court with them when they
retired to consider their Vetdict,^ without the
Consent of the Defendant, the Judge inform-
ing them, that without such Consent, it could
not by law be done, ibid. 1207.— On Fit»-
hanis's Trial, Chief Justice Pemberton said,
that the Defendant was entitled to have the
whole Work containing the Libels lead in
Evidence to Uie Jury, and not merely the
Clauses set out in the Indictment, 8 voL 356.
—Frequency of Prosecutions for Libel at the
end of the Reign of Charles (he SecQ&d, 10
vol. 125 (note). ^Discussion in the Case of
the Seven Bishops whether the puUieatitQ of
Cfl!HTBJrr8.j
THE STATE TRIALS.
ao7
a Seditious Libel is a Breach of the Peace,
12 Tol. 225. — The Court of Common Pleas
were unanimously of opinion, in the Case of
John Wilkes, that a Libel is not a Breach of
the Peace, 19 vol. 990. — Reasons why a Libel
is not a Breach of the Peace, in a Protest
against a Resolution of the House of Xjords in
1763, that Privilege of Parliament does not
extend to Cases of Libel, ibid. '995. — Send-
ing a libellous Letter by the Post was held, in
the Case of the Seven Bishops, to be a Publi-
cation, though it was seen by nob'bdy but the
Writer and the person to whom it was sent,
12 yol. 330, 333. — ^Discussion of this Subject,
ibid. ib. — In the Case of Williams of Essex,
the mere writing a libellous Paper, though it
was immediately sealed up, and was never out
of the custody of the Writer, was held to be
a Publicatiop, ibid. 328 (note). — Discussion
in the Case of the Seven Bishops whether a
libel written in Surrey, but acknowledged by
the Defendants in Middlesex, is Evidence of
jpublication in Middlesex, ibid. 322. — If a
ipian copoposes a Libel in Surrey, and there
wrees with a Printer to print it in London,
'3us i^ a Publication by the Writer in London,
Tutchin's Case, 14 vol. 1118.— Selling a Libel
in a Shop by a Servant is prim& facie Evidence
of a Publication by the Master, Almpn's Case,
20 vpl. 838, 839.— In Tutchin's Case, Lord
Holt distinctly leaves the Question of Libel or
no Libel to the Jury, 14 vol. 1128. — Mr.
Erskine's Remarks upon Lord Holt's Charge
in Tutchin's Case, in his Speech for the Dean
of St. Asaph, 21 vol. 1015. — Argunients of
Mr. Ford and^ Mr. Pratt (afterwards Lord
Camden) on Owen's Trial for a Libel in 1752,
that tbe Jury are to judge of the intention of
the Defendant in Cases of Libel, 18 vol.
1223, ibid. 1227.— See Mr. Erskine's Argu-
ment on the same Subject in the Case of
the Dean of St. Asaph, 21 vol. 971.—
Opinion of the Judges in the House of
^rds darinf: the Debates on the Libel Act,
that the criminal intention charged on the De-
fendant in Cases of Libel is generally matter
of form, and requires no proof on the part of
the prosecution, 22 vol. 300. — Mr. Erskine's
Argument in Perry's Case, that since the pass-
ing of tbe Libel Act, the intention of tbe De-
fendant in Cases of Libel is material, ibid.
999. — His celebrated Argument in Cuthell's
Case, on the necessity of showing a Criminal
intention in order to make a party criminally
responsible for th^ publication of a Libel, 27
vol. 660. — In a cnminal Prosecution for a
Libel, the truth of the matter stated in the
libel is quite immaterial, and therefore, in
Francklin's Case, Chief Justice Raymond
would not admit Evidence of the truth of the
Statements charged to be libellous, 17 vol.
658. — ^Argumept of Mr. Hamilton, in Peter
Zepger's Case, that the truth of a Libel mav
be given in Evidence as a Justification, ibia.
700. — Opinion of the Judges in the House of
Lords, during the Debates on the Libel Act
JA 179if Mi iR crijpipajl ProseoMtionS; tfie
— - — mF'
I
truth of the libellous matter charged is quite
immaterial, 22 vol. 298. — In Finerty's Case in
Ireland, in 1797, the Court refused to admit
Evidence of the truth of a Libel, 26 vol. 1008.
— Alleged meaning of the word <* false," in
an Indictment for Libel, ibid, ib., 22 vol. 298.
— In Francklin's Case, Sir Philip Yorke (At-
torney General) asserts it to be for the deter-
mination of the Court whether the scandalous
matter charged amounts to a Libel, 17 vol,
669. — Chief Justice Raymond adopts this
Doctrine in his Charge to the Jury in' that
Case, ibid. 672.— Lofd Mansfield admits, in
his Judgment in Woodfall's Case, that in all
Prosecutions for Libeltried before him, he told
the Jury that the effect of the Paper charged
to be libellous was a matter of Law, and not
for them to exercise a judgment upon, 20 vol,
913, 918. — He states this Doctrine to be un*
questionably the Law, ibid. 920. — Questions
proposed by Lord Camden to Lord Mansfield
respecting Uiis Doctrine, ibid. 921. — Reference
to Pamphlets and Treatises impugning this
Doctrine, ibid. 922. — Paper circulated oy the
Constitutional Association in 1783 on the
Powers and Duties of Juries, 21 vol* 851. —
Mr. Erskine's Argument, in the Case of the
Dean of St. Asaph, that the Question of Libel
or not Libel was a Question of fact for the
Jury, ibid. 922. — Arguments of Mr. Beara-oft
in Reply -to this Doctrine, ibid. 935. — ^Mr.
Erskine's Argument in support of the same
Doctrine on a Motion for a new Trial, ibid.
971. — Lord Mansfield's Judgment in that Case,
denying the power of Juries in Cases of Libel
to judge of more than the fact of Publication,
ibid. 1033. — Mr. Justice Willes was of opinion,
ill the Case of the Dean of St. Asaph, that upon
the general Issue on an Indictment or Inform-
ation for Libel, the Jury had the power and
the right to examine the criminality or inno-
cence of the Paper charged as a Libel, ibid.
1040. — Proceedings in the House of Lords on
the passing of the Libel Act, 22 vol. 294. —
Opinion of the Judges, delivered in the House
of Lords on that occasion, upon the rights and
duties of Juries by the Common Law in Cases
of Libel, ibid. 297.— The Libel Act, ibid. .
306. — By the Law of Scotland, Juries have
always had the power of judging of the Law
ai well as of the Fact, in Cases of Libel, 23
vol. 114, — Lord Ellenborough says, that be-
fore the Libel Act was passed, he never doubt-
ed that the Jury had a riglit in Cases of Libel
to judge of the tendency of the whole Publi-
cation, 29 vol. 49. — Reference to Cases an4
Authorities respecting the Jurisdictionof Courts
of Common Law to punish blasphemous and .
obscene Libels, 17 vol. 157 (note).— Judgment
of the Court of King's Bench in Curll's Case,
that the Publication of an obscene Libel is a
temporal Offence, and cognizable by Courts
of Law, ibid. 160.— Lor^ Holt, in Read's
Case, expressed his Opinion that such an
Ofifenpe was cognizable only in the Ecclesiasti-
cal Courts, ibid. 157 (note).— Mr. Bayley's
OpioioDj inWiUiao^s's Ciise^tbjiitaUasphQmoys
idB
GENERAL INDEX TO
[MlSCXLt*
Libel mi(y be prosecuted at Common Law, 26
vol. 654.-»The word Libel is a term of Art,
and designates an Offence known by the Law
of England, 19 vol. 989. — Doubts whether the
word Libel always means, in legal language,
an Offence, 17 vol. 159. — Lord Ellenborough
Kolds, that a Publication tending to bring the
Government into disgrace by means of ridicule
is a Libel, 29 vol. 49. — ^Where a Libel is spe-
cifically pointed against one of a body of per-
sons, without naming such person, or distin-
guishing him from l£e others, it is a Libel
upon the whole body, Hatchard's Case, 32 vol.
710. — Ht, Clifford's Remarks on the Law of
Libel previously to the passing of the Libel
Act, and on the meaning and object of that
Act, in his Defence of the Editor of the Inde-
Eendent Whig, for a Libel on Lord Ellen-
orough and the Administration of Justice,
30 vol. 1250. — ^Upon an Information for a
Libel of and concerning the King's Govern-
ment and the employment of his Troops (set-
ting forth the Libel verbatim) the words ** of
and concerning '' are a sufficient introduction
of the matter contained in the Libel, and a
sufficient Averment that it was written of and
concerning the King's Government and the
employment of his Troops, Home's Case, 20
▼ol. 774. — Where the Writing is clearly libel-
lous in itself, all explanatory Averments are
surplusage, ibid. 792. — ^Where the Libel does
not in itself contain the Crime, without ex-
trinsic aid, such extrinsic matter must be
put upon the Record by Averments; if
new matter, by way of introduction ; if mat-
ter of explanation only, by way of innuendo,
ibid. 793. — This Doctrine, illustrated at large
by Chief Justice De Grey, in his Judgment in
Home's Case, ibid. 792 to 797. — Proclamation
of Queen Anne against the publication of irre-
ligious and seditious Libels, 15 vol. 359. —
In Uie Case of Plunkett v. Cobbett, Lord Ellen-
borough held, that in an Action for Libel, seve-
ral Publications might be proved in order to
show that the Libel had not been published by
mistake, but deliberately and in the way of
business, 29 vol.69 (note). — For Trials of Libels
of various kinds in the State Trials, see Almon,
John, 20 vol. 803 — Anderton, William, 12 vol.
1245— Baillie, David, 14 vol. 1035--Baillie,
Captain Thomas, 21 vol. 1 — Balmerino, John,
Lord, 3 vol. 592 — Bamardiston, Sir Samuel, 6
vol. 1063 — Bastwick, Dr. John, 3 vol. 711 —
Baxter, Richard, 1 1 vol. 493— Bedford, Earl of,
3 vol. 387 — Brewster, Thomas, 6 vol. 513—
Callender, James Thompson, 23 vol. 79— -Carr,
Henry, 7 vol. 1111— Cellier, Elizabeth, 7 vol.
1043— Cobbett, William, 29 vol, 1— Cotton,
Sir Robert, 3 vol. 387 — Curll, Edmund, 17 vol,
153— Curtis, Jane, 7 vol. 959 — Cuthell, John,
27 vol. 641— Dangerfield, Thomas, 7 vol. 790
-i-Drakard, John, 31 vol. 495— Drake, Wil-
liam, 5 vol. 1363 — ^Draper, Edward Alured,
30 vol. 959— Duffin, Patrick William, 22 vol.
317 — Earberry, — , 20 vol.853 — Eaton, Daniel
Isaac, 22 vol. 753, 785, 31 vol. 927— Finerty,
Peter, 26 voU 901— 'JFitzpatrick, Hugh, 31 yol.
:^1
1169— Floyde, Edward, 2 vol. 1153— Frandc-
lin, Richard, 17 vol. 625 — Frend, William, 22
vol. 523— Fuller, William, 14 vol. 517— Gor-
don, Lord George, 21 vol. 485-i-Harris, Benja-
min, 7 vol. 925 — Hatchard, John, 32 vol. 673 —
Holt, Daniel, 22 vol. 1189 — Johnson, Robert,
20 vol. 81 — ^Johnson, Samuel, 11 vol. 1339 —
Keach, Benjamin, 6 vol. 701 — ^Leighton, Alex-
ander, 3 vol. 383— Lilbura, John, ibid. 1315
— Matthew.o, John, 15 vol. 1323 — ^Miller,
John, 20 vol. 869 — Monntague, Richard, 2
vol. 1258— Owen, William, 18 vol. 1203 —
Paine, Thomas, 22 vol. 357— Peltier, Jean,
28 vol. 529— Perry, James, 22 vol. 953 —
Prynne, William, 3 vol. 562 — Read, — ,17 vol.
157 — Reeves, John, 26 vol. 529 — ^Rowan,
Archibald Hamilton, 22 vol. 1033 — St. John,
Oliver, 2 vol. 899— Seven Bishops, 12 vol.
183 — Shipley, William Davies, 21 vol. 847 —
Smith, Francis, 7 vol. 931 — Stockdale, John,
22 vol. 237 — ^Thompson, Nathaniel, 8 vol.
1359 — ^Tooke, John Home, 20 vol. 651 —
Troy, John Thomas, 29 vol. 503— Tutcbin, .;^
John, 14 vol. 1095 — ^Tytler, James, 23 vol. 1
— Vane, Sir Henry, 3 vol. 1442 — ^Vint, John
27 vol. 627— Wakefield, Gilbert, ibid. 679—
White, Henry, 30 vol. 1131— Whyte, Alex-
ander, 22 vol. 1238 — ^Wilkes, John, 19 vol.
981 — Williams, Thomas, 26 vol. 653— Winter-
botham, William, 22 vol.823 — ^Wraynham, Mr.
2 vol. 1059 — Zenger, John Peter, 17 vol.675.
LIBERTY OF CONSCIENCE.
Instructions of James the Second to the
Judges previously to their going the Circuit to
support the Declaration for Liberty of Con-
science, 12 vol. 189 (note).
LIBERTY OF THE PRESS.— See JUbel.
It was said by Chief Justice Scroggs on the
Trial of Benjamin Carr for Libel to have been
determined by all the Judges that it was illegal
to print or publish any News-Books or Pamph-
lets of News whatsoever without authority, 7
vol. 1127.— Sir Philip Yorke's Remarks on the
legal meaning of the Liberty of the Press, 17
vol. 670. — ^The Liberty of the Press is a legal,
not a licentious liberty, ibid. 675. — Arguments
of Mr. Hamilton, in Peter Zenger's Case, in
favour of the Liberty of the Press, ibid. 707.
— Lord Mansfield's Account of the Dberty of
the Press, in his Judgment in Woodfall's Case,
20 vol. 903. — Mr. Erskine's Argument for the
Liberty of the Press in the Case of Thomas
Paine, 22 vol. 414. — ^Arguments of Mr. Hag-
gart for the Liberty of the Press, on the Trial
of Fyshe Palmer for Sedition, in the Court of
Justiciary in Scotland, 23 vol. 276.— Mr.
Erskine's Account of the principles by which
the Liberty of the Press on Questions of Re-
ligion should be regulated, in his Speech for
the Prosecution in Williams's C^e, 26 vol.
662. — Mr. Clifford's Argument for the Liberty
of the Press in discussing the Proceedings of
Courts of Justice, in his Speech in Defence of
the Editors of the Independent Whig, 30 vol.
1256.«-Lord EUenborough's Remws upon
THE STATE TRIALS.
CoN*rBNT6.3
the liberty of the Press^ 31 vol. 408. — Lord
Camden says, in delivering the Judgment of
the Court in the Case of Entick v. Carrington,
that unjust Acquittals in Cases of Libel are
fatal to the Liberty of the Press, 19 vol. 1074.
—Mr. Mackintosh's Remarks, in his Defence
of Peltier, upon the influence of the Liberty
of the Press upon the prosperity of England
at several periods of our history, 28 vol. 595.
LIJBERTY OF SPEECH.— See Elliott, Sir
John.
Reasons why Liberty of Speech in Parlia-
Bient ought to be allowed, 3 vol. 319.
LIBERTY OF THE SUBJECT.
See Petition of Rights.
The Law of England is peculiarly careful of
the Liberty of the Subject, Em. Pref. t vol.
xxvi. — Mr. Emlyn*s Enumeration of the Pro-
visions made by the Law of England for secur-
ing the Liberty of the Subject, ibid. ib. — Pro-
ceedings in Parliament respecting the Liberty
of the Subject in 1627, previously to the Peti-
tion of Rights, 3 vol. 59. — Resolutions of the
House of Commons against the power of the
King -or Privy Council to imprison a Subject
without a' cause expressed upon the Warrant
of Commitment, ibid. 82.^Conference between
the two Houses of Parliament on this subject,
ibid. 83. — ^Arguments of the Managers of the
House of Commons at the Conference in
favour of the Liberty of the Subject, ibid.
85. — ^Ancient Statutes in favour of the Liberty
of the Subject, ibid. 87.— Sir Edward Cokeys
Nine General Reasons for the Liberty of the
Subject, 5 vol. 403.
LICENCE.
Discussion in the Great Case of Monopolies,
whether an Action could be maintained by the
East-India Company against a Merchant for
trading to India without their Licence, or a
^ Licence from the Crown, 10 vol. 371. — ^Argu-
" ment of Mr. Holt in tliat Case, that British
Subjects cannot trade with Pagans without a
Licence from the King, ibid. 375. — Argument
of the Solicitor General (Finch) to the same
effect, ibid. 407. — Mr. Holt's Argument in the
same Case, that the King has the power of
granting by Charter an exclusive Licence to
trade with Infidels, ibid. 377.—- Sir Robert
Sawyer's Argument to the same, point, ibid.
469.— Sir George Treby's Argument against
the Doctrine that it is not lawful to trade with
Infidels without a Licence from the King,
ibid. 390. — ^Mr. PoUexfen's Argument against
it, ibid. 440. — ^Distinction between a Franchise
and a Licence, ibid. 402.
LIMITATION.
By the Statute of Limitations, if an Action
for Adultery be laid in Case, the Limitation will
be six years, if laid in Tirespass, four years, 12
vol. 929 (note). — ^There i^ no Limitation witli
respect to time in criminal Prosecutions, 4 vol.
830 (note).
VOL. XXXIV. *
S09
LITURGY.*^ee Comtnon-Prayer Bw^
LOANS.'— See Commistion of Loam,
Mr. Hakewiirs Account, in his Argument in
the Great Case of Impositions, of an Invention
to raise supplies by way of a pretended Loan
from the Merchants, practised by Edward the
Third, 2 vol. 439.— Mr. Yelverton's Allusion
to Loans in his Argument in the same Case,
ibid. 485. — Mr. St. John's Reference to Loans
raised in ancient times by Kings of England
for the Defence of the Realm, 3 vol. 884.^
Loans were abolished by the Petition of RightSf
ibid. 224.
LOLLARDS.
See Wickhffe, John, 1 vol 66 ; Sautre, Wil*
Ham, ibid. 163; Badby, John, ibid. 219;
Thorpe, William, ibid. 175; Cobham, Lord,
ibid. 225.
LONDON.
Accounts of the Great Fire of London from
Burnet, Clarendon, and other Historians, with
Remarks on the question whether it was acci-
dental or designed, 6 vol. 807 (note).— The
House of Commons appoint a Committee to
inquire into the Causes of the Fire, ibid. 809.
— Keportof the Committee of the Examinations
taken before them, ibid. 813. — Further Evi-
dence given to the (Committee, but not reported
by them to the House, ibid. 839.— The Fire
was ascribed to the Papists by Lord Notting-
ham, in passing Judgment on Lord Stafford, 7
vol. 1 556, — Proceedings on an Information ia
the nature of a Quo Warranto in the King's
Bench against the City of London, 33-35 Car.
2, 1681-1683, 8 vol. 1039.--Abstract of the
Pleadings, ibid.ib— The Record, ibid. 128/.
— ^Argument of Finch, Solicitor General, foir
the Crown, ibid. 1087. — Argument of Sir
George Treby, Recorder of London, for the
City, ibid. 1099. — ^Argument of Sir Robert
Sawyer, Attorney General, for the Crown^
ibid. 1147. — ^Argument of Mr. Pollexfen for
the City, ibid. 1213.— Judgment given for the
King, ibid. 1264. — ^Petition of the Lord-Mmyor,
Aldermen, and Common Council^ to the King^
ibid. 1273.— The King's Answer to the Peti-
tion delivered by Lord Keeper North, offering
to stay the Judgment against the City on cer-
tain conditions, ibid. 1274. — ^The City refuse
to comply with the conditions, and Judgment
is entered up for the Crown, ibid. 1283.—
James the Second restores the Charter, ibid,
ib. 1276 (note). — Account of, and Observations
upon this Proceeding, by Burnet, North, and
other Historians, ibid. 1039 (note).— Sir John
Hawles's Remarks on these ProoeedingSi ibid.
1347. — Reference to ancient Treatises on the
Liberties and Privileges of the City of London
in the Election of their Officers, 9 voU 298
(note). — It was held in Lord Russel's Trial in
London to be no Objection to a Juror that
he had no freehold within the City, 9 vol. 591*
— Sir John Hawles's Remarks upon this De*
cision, ibid. 797.— The Stat. 27 EUx. c. 7, r^
P
filO
GENERAL INDEX TO
EMi
quiring an AMtfioti to be given to the nadleof
every Jaror returned on the Jury Panel| does
not apply to Loudon, 15 vol. 1323.
LONDON CORRESPONDING SOCIETY.
Account of the Nature and Objects of the
Society as detailed in Evidence on the Trial of
David Downte for Treason, 24 vol. 21.
LONDON GAZETTE.
' On the Trial of Captain Quekh and oihera
for Piracy, the London Gazette was admitted
to prove an Alliance between England and
Portugal, and it was said to have been often
allowed as good Evidence, 14 vol. 1084.— -The
-Gazette is Evidence of all Acts of State, and
the production of it is sufficient to prove an
vAverment in an Information that certain Ad-
dresses have been presented to the King, be»
cause being received by the King in his public
capacity, they become Acts of State, Holt's
Case, 21 vol. 1213 (note).
LORD CHANCELLOR.
Form of the Oath administered to Michael
Be la Pole, Earl of Suffolk, on the Great
Seal being delivered to him, 1 vol. 91. — Form
of the Lonl Chancellor's Oath, 16 vol. 785. —
The Statute 12 Ric. 2, c. 2, prescribing an Oath
to the Lord Chancellor and other Officers, ibid.
827. — In practice the Lord Chancellor has the
sole nomination of Justices of the Peace, though
there are some old Statutes which state the
nomination to be by the Chancellor and the
Council, ibid. 1270. — It has been doubted
whether a Lord Chancellor has a power of
Commitment, except in a Court of Equity, 12
▼01.1361.
LUDDITES.
proceedings tinder Special Commissions
held at York, before Mr. Baron Thompson and
Mr. Justice Le Blanc, for the Trial of the
Luddites, 53 Geo. 3, 1813, 31 vol. 959. — ^In-
troduction to. these Proceedings, containing
an Account of the Disturbances in the Manu-
facturing Districts which gave rise to them,
Sbid. ib.-^Mr. Baron Thompson's Charge to
the Grand Jury, ibid. 966. — ^Trial of John
Swallow, John Batley, Joseph Fisher, and John
Lamb, for a Burglary, ibid, 971. — Mr. Park's
Speech for the Prosecution, ibid. 972.— Mr.
Baron Thompson's Charge to the Jury, ibid.
080. —The Jury find them Guilty, but recom-
mend Lumb to Mercy, ibid. 997. — ^Trial of
George Mellor, William Thorpe, and Thomas
8mith, for the Murder of Mr. Uorsfall, ibid. ib.
"— 'Mr. Park's Speech for the ProseculioB, ibid.
998.^Mr. Justice. Le Blanc's Charge to the
Jurv, ibid. 1008.— The Jury find them Guilty,
ibid. 1033.— Sentence of Death is passed upon
Ihem, ibid. tb. — ^They are executed, ibidal063.
— Trial of John Scfaofield for nnliciously
thooting at John Hinchliffe, ibid. 1035.— Mr.
Park's Speech for the Pkoeeeutton, ibid, ib.-*-
Mr. BattMi ThenMoii'i Chai^ to the 1\
ibid. 1047.— The Jury acquit faisa, ibid. 1<
•—Trial of John Eadoa for administeritig
unlawful Oath, ibid. 1064.r^Mr. Pavk'aSi
for the ProsecatioB, ibid. ib. — ^Mr. Justice
Blanc's Charge to the Jury, ibid. 1068.'— T
Jury find him Guilty, ibid. 1073.— THal
several other persons for administeriiig unlai
ful'Oaths, ibid. 1074.— Trial of James H»(
and seven other persons for attempting
destroy a Mill, ibid. 1092.— Mr. Park's
for tbe Prosecution, ibid. 1093. — Mr. Justi<
Le Blanc*s Charge to the Jury, ibid. IJOtt.-
The Jury find Pive of the Prisoners Guiltyi
and acquit the rest, ibid. 1123.— Trial
Joseph Brook for Burglary, ibid. 1124.
Mr. Park's Speech for the PK>seeution, ibid,
ib.— Mr. Baron Thompson'is Charge to tlieJiiiyij
ibid. 1126.— The Jury acquit the Prison *
ibid. 1137.— Trial of Job Hey, John HiU»
WiinaM Hartley, for a Burglary, ibid. 1187.-
Mr. Justice Le Blanc's Charge to th» J«fy^
ibid. 1139.— The Jury find them G«ilty» ibid.
1147.— Trial of James Hey, ^Meph CfowHier^
and Nathan Hovle, for a Robbery in a DwelU
ing-House, ibid, ib^— Mr. Jvstice Le Blaa^s
Charge to the Jury, ibid. 1140.— The Juqp
find the Prisoners Guilty, ibid. 1159. — ^Mn
Baron Thompson passes Sentence upon the
several Prisoners who are convicted, ibid.
1161. — Royal Proelamations coBneeted with
the Subjects of these Triids, ibid. 1166.^For
the Proceedings on the Triris of the aeveni
persons called Luddites, tried under a Special
Commission at Derby, in the year 1817, see
Btandreth^ Jeremiah ; Turmr, WilMom; LwilmB,
haae; Weighim4m^ George,
LUNACY.— See Intanit^.
MADRAS COUNCIL.
See Stratton, Geoige, 21 vol. 1045.
MAGDALEN COLLEGE, OXFOR0,
Proceedings against Magdalen College far
not electing Anthony Farmer President of
the CoUeee, according to the Command of thr
King, 4 Jac. 2, 1687-1688, 12 vol. 1.— Ihe
King's Mandate to the Fellows, commaadiiig
them to elect Fanner, ibid. 5. — ^They elect Dr.
Hough, ibid, ib.— 'The Vice-President and Fd«
lows are cited to appear before tiie Eeclesi-
astical Commissioners, ibid. 9.-^Their Answer,
ibid. ib.-^Their Reasons for not electiiK
Farmer, ibid. 12.— •Extracts firom the Founderli
Statutes respecting the Election «f a Presideat,
ibid. 15.— Sentence of Deprivation passed on
Dr. Hough by the Ecclesiastical Coranis-
sioners, ibid. 16.— The King commands the
Fellows to elect the Bishop of Oxford, ibid.ib.
—The King's Interview with the Fellows at
Oxford, ibid. 17.-*They refose to elect the
Bishop of Oxford, ibid. 18 ^VisitatioD of the
Ecclesiastical Commisstooera ai Oxford, ibii.
26.— -Drt Hough is admo&ished by them toetft
CUMTiiJ'i's*]]
THE STATE TRIALS.
Sll
9» kmfser ad Pifed^ent, ibid. 34. — He protetts
tgainst the Proceedings oltheCommissioDen^
ibid. 36. — ^The Commissioners tender a form
of Submission to the Fellows, which all of
Hiem (excepting two) refuse to sign^ ibid. 46*
•^-Sentence of deprivation against Dr. Hough
and the Fellows, ibid. 48. — ^Dr. Thomas Smith's
narrative of this Proceeding, ibid. 52. —
Screaby's Aoeoant(^ity ibid. 1 (note), 18 (note).
•—Letters relating to it taken from the Archives
«£ Corpus Chrisd College, ibid. 92. — ^Account
of the Visitation by the Bishop of Winchester.
"" " 1. 109.
MAGISTRATES.— 4See Jiatieei of the Peace.
MAGNA CHARTA.
Mr. Endyn's Acconnt of the Provisions of
Magna Charta, respecting the Liberty of the
Sabject, £m. Pref. 1 vol. xxvi. — ^The words
^ Les Terrc,'' in Magna Charta, do not include
a Commitment by command of the King, 3 vol.
14. — Argument of Mr. Selden that the words
•f Ma^a Charta expressly exclude such a
Commitment, ibid. 18. — Mr. Littleton's Re-
marks upon Magna Charta in his Argument at
Che Conference between both Houses of Par-
liament in 1628^ on the Liberty of the Subject^
ibid. 86.
MAID OF R£KT.--See Barton, Ehzdbeth.
MAIMING.
Trial of Woodbume and Coke on an Indict-i
Bent upon the Stat. 22 and 23 Car. 2, c. 1,
against maliciously Maiming, commonly called
the Coventry Act, 16 vol. 53. — ^The Indictment
in that Case, ibid. 55,
MAINPRIZE.
Reference to Precedents of Writs of Main-
prize in the close Rolls of the Tower, 6 vol.
1302.— FiUherbert's Account of the Writ of
Maiaprize, ibid. 1200.
MALETOLT.
Meaning of the Term as explained by Mr.
Hakewill in his Argument in the Great Case of
Impositions, 2 vol. 459«
MALICE. — ^See Implied Malice ; Intention.
Sir Thosias More's Distinction between
Malitia and Maleirolentia, 1 vol. 391.-«-Signi«
tatioa of the word ^ Maliciously,'' in Stat. 26
Henry 8, c 1 3, against the d^ial of the King's
$iipfeauicy, ibid, ib,— The Word is said by the
Judges on the Trial of Fisher, Bishop of
Bochester, to be void and superfluous in that
Statute, ibid. 401.— Malice is implied so as to
complete the Crime of Murder, where one man,
witHout reasonable cause or provocation, kills
mother, 14 ▼«!. 145. — ^Di^rence in the im-
port of the term Malice in legal and in common
Meeptattion, IT vol. 48.-— The distinction stated
Wtween express and impMed Malice, ibid. 44.
-^ Ma»dt» tb* dmti $x% Judges al the
Malice, and not the Jury, Obeby's Case, ibid.
49.p^L6rd Holt's Account of legal Mdice,
and his Illustration of the difference between
express and implied Malice, ibid. 63.-^Malice
Prepense may be i^iplied so as to constitute
Murder, ibid. 65. — ^Tbe Law implies Malice so
as to constitute the Offends of Murder where a
person is killed by duress of Imprisonment,
Huggins's Case, ibid. 375. — Express Malice
need' not be proved where the Act charged is
unlawful, 6 voL 547^ 7 vol. 1124, 9 vol. 1349.
•*-Where a person is charged with malidously
doing an unlawful Act, the Malice is presumed
from the illegality of the Act, and therefore
Evidence of actual Malice is irrelevant as to
the question of Gtiilty or Not Guilty, Picton'^i
Case, 30 vol. 488. — In Prosecutions on the
Black Act, and Lord Elienborough's Act, for
maliciously Shooting, it is not necessary to
prove express Malice, 81 vol. 1044, 1047.
MALICIOUS PROSECUTION.
An Action will lie against a person for ^ma-
liciously prosecuting a probable cause of Ac-
tion, 10 vol. 362. — Express Malice must be
proved in an Action for a Malicious Prosecu-
tion, because Malice is the essence^of the Ac-
tion^ 30 vol. 488.
MALICIOUSLY SHOOTING.
In a Prosecutoin on the Black Act for mali-
ciously Shooting, it is not necessary to prove
that the Prisoner had his face blacked, or was
otherwise disguised, Arnold's Case, 16 vol.
744, 745 (note). — Nor in such a Prosecution,
or in a Prosecution on Lord Ellenborough's
Act, is it necessary to prove express Malice,
Schofield's Case, 31 vol. 1044, 1047.
MALIGNANT AND DELINQUENT,
Oldmixon's Explanation of the meaning of
these Terms, 4 vol. 857 (note).
MALUM IN SE.
Lord Coke's Distinction between an Offbnce
which is malum in ie, and malum prohUfitum, 2
vol. 727.
MANDAMUS.
If a Visitor of a College in one of the Uni<
versities refuse to exercise bis visitatorial
Office by receiving and hearing an Appeal, the
Court of King's Bench will grant a Mandamuji
to compel him, Frend's Case, 22 vol. 753.—
But if he has heard and decided on it. thu
Court has no authority to question hisJudg-*
menty ibid. ib«
MANSLAUGHT£R.--See BomieUe; Mmkr,
It was resolved by all the Judges^ in Lord
Morle/s Case, thai no Words will constitute
such a Provocation in Law as will, if a person
kill another upon his speaking them, reduce
the Homicide from Murder to Manslaughter,
6 vol. 771.— See also 17 vol. 66, 18 vol. 312.—
Btttif after angty wwdi have passed, two par«
p 2
312
GENERAL INDEX TO
[Ml80SLI>
ties suddenly fight and one is killed, this is
Manslaughter, 6 vol. 771. — Opinion of the
Judges in the House of Lords on Lord Com-
wallis's Trial, that if several persons are toge-
ther aiding and assisting to an action without
malice prepense, from which Manslaughter
ensues, all are equally guilty of Manslaughter
as they would have heen of Murder if Malice
had existed, 7 vol. 157. — Opinion of the Judges
in Lord Mohun*s Case, that persons present
when a Murder is committed, and in company
wiUi the Murderer, do not necessarily partici>
pate in the quality of his crime, but may be
found guilty of Manslaughter, 12 vol. 1022. —
Questions proposed severally to the Judges on
the Trial of Lord Mohun in the House of Lords,
respecting the amount of Homicide, under
peculiar given circumstances, to Murder or
Manslaughter, with their Answers thereto, and
the Arguments of Counsel thereon, ibid. 1023
&c. — ^Lord Holfs Account in Mawgridge's
Case, of the Histoiy of the Law respecting
Manslaughter, and the origin of the distinction
between it and Murder, 17 vol. 61. — His Re-
marks upon the different circumstances which
by law reduce the Offence of Homicide to
Manslaughter, ibid. 66. — Discussion of the
same subject in Oneby's Case, ibid. 41. — See
also Chetwynd's Case, 18 vol. 302. — Carnegie's
Case, 17 vol. 73. — The Arguments of Counsel
and tlie Opinions of the Judges on the points
of Law proposed in the House of Lords in Lord
Mohun's Case, 12 vol. 1015. — If a man shoot
at a tame Fowl without an intention to steal
it, and accidentally kill a Man, this is Man-
slaughter, because done in the prosecution of
an unlawful action, 16 vol. 80.
MARIN£RS.-^ee Pressing Seamen,
Mr. Emlyn's Doubts respecting the legality
of the practice of Pressing Mariners, Em. Pref.
1 vol. xxvii. — Mr. Justice Foster's Argument
in favour of it, 18 vol. 1326.— The billeting of
Mariners was one of the Grievances sought to
be removed by the Petition of Rights, 3 vol.
223.
MARRIAGE.— See Divorce; Forcible
Marriage,
Argument of Bishop Cozens that Adultery
trorks a Dissolution of Marriage, 13 vol.1332.
— Provision respecting the solemnization of
Marriages in the Directory of Piliblic Worship
ordered by the Parliament in 1644-5, 20 vol.
548 (note). — Act of Parliament passed during
the Commonwealth, authorizing Marriages
before Justices of the Peace, ibid. 552 (note).
—This Act was repealed at the Restoration,
ibid. ib. — Provisions of the Marriage Act
respecting the Solemnization of Matrimony,
ibid. 547 (note). — Voltaire's Remarks upon
Marriage, ibid. 553 (note). — Before the Mar-
riage Act, Fleet Marriages were clearly legal,
14vol. 1 367 (note).— Discuasionin the Duchess
of Kingston's Case, whether a Sentence of
Jactitatioo of Marciage ia the Ecclesiastical
Court is a conclusive Answer to a Charge of
Bigamy, founded on a second Marriage, Id
vol. 391.
MASSACRE.— See Glenco; Maeguire, Connor;
Lord.
May's Account of the Massacre of the Proc
testants in Ireland m 1741, 4 vol. 653 (note)«
MASTER AND SERVANT.— See Slavery.
If a Master is provoked by the Miscarriage
of his Servant, and corrects him with a moder*
ate Weapon, and the man dies in consequence
of such correction, it is but a Misadventure ;
but if he uses an unreasonable and improper
Weapon, it is Murder, Mawgridge's Case, 17
vol. 67. — Selling a Libel in a Shop by a Servant
is prim^ facie Evidence of a Publication by the
Master, 20 vol. 838, 839.
MASTER OF THE ROLLS.
It appears from Wraynham*s Case, that* in
the Reign of James the First the Master of the
Rolls was merely the first Master in Chancery,
2 vol. 1059 (note).--The Master of the Rolls
said to have been immemorially a judicial
Officer both in England and Ireland, ' 15 vol.
1321.— By the Stat. 41 Geo. 3, c, 25, the
Master of the Rolls in Ireland was constituted
an active judicial Officer, ibid. 1322.
MASTERS IN CHANCERY.
The Master of the Rolls was, in the Reign of
James the First, considered as merely the first
Master in Chancery, 2 vol. 1059 (note). — ^Thef
Oath taken by Masters in Chancery on their
admission into tlieir Offices, 16 vol. 830. —
Commissions to Masters in Chancery in con*
junction with Judges to hear and determine
Causes, ibid. 831, 833, 835. — Account of the
nature and duties of the Officeof a Master in
Chancery, ibid. 836.— Lord Chancellor Mac*
clesfield^s Account of the duties of a Master io
Chancery, ibid. 1272.
MATRONS, JURY OF,
Entry of the Impanelling a Jury of Matrons
and Midwives ad inquirerid, et ad irupidend. in
the Proceedings by the Countess of Essex for
a Divorce on the ground of Impotency, 3 vol.
802. — Instance of impanelling a Jury of
Matrons to ascertain whether a woman con-
victed of a Capital Felony was quick with
Child, 4 vol. 634.
MEAL-TUB PLOT.
Bomet's Account of the Meal-Tub Plot is
1680, 7 vol. 1055.— Ralph's Account of it^
ibid. 1056. — Roger North's Account of it, ilnd.
1064.— Sir Wm. Temple's Notice of this Plot,
ibid. 1184 (note).— Trial of EUzabeth CelUer
for being concfiraed ift it, ibii* 1Q43.
C0NTBNT8.3
THE STATE TRIALS.
MEmCAL MEN. 1 MINISTERS.
S13
A Medical Man has no privilege to restrtin | Proceedings of the Commissioners appointed
i. x»_j _i. /.__. by Cromwell, in 1654, for ejecting scandalous
and insufficient Ministers, 5 vol. 539, 633.
him from giving Evidence of facts communi-
cated to him in professional confidence, 20 vol.
573.
MEDIETAS LINGUA.
Instance of a claim of a Jury de Medietate
Lmgus by several Foreigners on their Trial for
Murder in 1682, 9 vol. 8.
MEMBERS OF PARLIAMENT.— See Par-
Moment : House of Commons; FrivUege; Feeru
MEMORANDUM.
Where a Witn^s refreshes his Memory by
Memorandums, it is usual and reasonable that
the adverse Counsel should inspect them for
the purpose of cross-examination, Hardy's Case,
24 vol. 824. — It was held by tlie Court of Jus-
ticiary in Scotland in the Case of Sir Archibald
Gordon Kinloch, witness cannot make use ,of
Memorandums which are not contemporary with
the facts to which he speaks, 25 vol. 936.
MENTAL RESERVATION.
Remarks upon the Popish Doctrine of Mental
Reservation, 7 vol. 545, 557.
MERCHANDIZE.
Discussion in the Great Case of Impositions,
of the power of the King to impose a Tax upon
Merchandize exported or imported, without
the Authority of Parliament, 2 vol. 371.
MERCHETA MULIERUM.
Account of the ancient feudal duty so called,
23 vol. 1409.
MERCY.
Mel'cy, as well as Justice, belongs only to
the King by the Law of England, 4 vol. 929.
MERGER.
Discussion of the doctrine of Merger in
Crimes by the Law of England, 33 vol. 311.
—By the Criminal Law of England an in*
ierior Crime merges in a superior one ; but
in the Law of Scotland this Doctrine does
not exist, ibid. 532.
MIDWIVES.— See Matront.
MILITARY LAW.
Tlie Proceedings of Courts-Martial are re-
turned into the office of the Judge Advocate-
General, 28 vol. 100.
MILLS.
Mr. Baron Thompson's enumeration of the
statutory Provisions against the Offence of
destroying Mills, in his Charge to the Grand
Jury assembled under the Special Commission
at York in 1813, 31 vol. 968.
MILLENARIANS.—See Fifth Moimchf
Men,
MINORCA.— See Fabngus^ Anthony.
Arrangements made by the Treaty of Utrecht
respecting the Government of the Island of
Minorca, 20 vol. 177.
MISADVENTURE.— See Hxmicide.
If a man shooting at Wild Fowl accidentally
kill a Man, this is Homicide by Misadventure,
being done in the prosecution of a lawful Act,
16 vol. 80.— If a Master or Parent is provoked
by the misconduct of his Servant or Child, and
corrects him with a reasonable and proper
Weapon, and the Servant or Child dies in con-
sequence of such correction, it is but a Misad^
venture, Mawgridge*s Case, 17 vol. 67,
MISNOMER.
Plea in Abatement of a Misnomer of the
Christian name of a Defendant, 16 vol. 114, —
Of the kinds of Misnomer which will vitiate
Criminal Proceedings by the Law of Scotland,
23 vol. 244 (note).
MISPRISION.
Resolved by the Judges in 1663, that in order
to constitute a Misprision of Treason, there
must be a knowledge of the design, and of the
persons, or of some of them ; and therefore if a
person is told generally that there will be a
rising, vrithout being informed of the nature of
the Plot, or the names of any of the parties to
it, it is no Misprision to conceal it, 5 vol. 985.
—But if a person knows of a Treason, and of
some of the Conspirators, and only declares in
general terms that there will be a rising, with-
out a discovery of the Plot or the Traitors, this
will be a Misprision of Treason, ibid. ib. — It
is doubtful whether a full discovery of a Trea-
sonable design to a person who is not a Magis-
trate, or authorized to take Examinations
respecting it, will excuse the party from
responsibility for a Misprision of Treason, ibid,
ib. — If a person accidentally hears the conver-
sation of Traitors, and knows of their design,
without in words or conduct approving of it,
this is not Treason, but Misprision of Treason,
Tonge's Case, 6 vol. 226 (note).— But Cbi^f
Justice Pemberton says in Walcot's Case, that
if a man is present at a Consultation where
Treason is hatched, and then conceals it, he is
guilty of Treason, 9 vol. 553.— See also, as to
Sie distinction between Treason and Misprision
of Treason, Sir B. Shower's Remarks on Lord
Russell's Case, 9 vol. 716.— By the Stat. 7 Ann.
c. 21, s. 11, persons indicted for Misprision
of Treason are entitled to a list of Witnesses
and Jurors, 10 vol. 268 (note).— Lord Chief
Justice Abbott's Account of the Offence of
Misprision ef Treason; in his Charge to the
214
Grand Jury prevtoosly to (be Trial of Thistle-
vood and others for High Treason, in being
Concerned in the Cato-Street Plot, 33 vol. 690.
—Misprision of Felony is a High Misde-
meanour, 31 vol. 969.
GENEEAL INDEX TO CMii
MONSTRANS OE PKOIT.
Lord Keeper Somtrs's Atgument in the
Bankers' Case, that a Monstiaos de Dfoii did
not lie atCommoa La;w, 14 vol. 77.
MIXED MONEY.
The Case of Mixed Money in Ireland, 2
vol. 113. — Mixed Money being declared by
Royal Proclamation to be lawful and current
Money in IreU^nd, held to be Sterling Money,
ibid. 121. — It inay be termed lawful and cur-
rent Money of England, ibid. 126.
MONEY.— See Mixed Money.
Necessity of a certain Standard of Money, 2
vol. 116. — It is the peculiar and exclusive
Prerogative of the King of England to make
Money within his Dominions, ibid. 1 16.— The
King may also put a vahie upon Money, ibid.
117.— He may alter the value and standard of
Money as he pleases, ibid. 118. — ^This Preroga-
tive extends to Ireland, ibid. 1193.'^ What
things are necessary to the legitimation of
Money, ibid. 117. — Changes of Money in
England have been made by the King without
the concurrence of Parliament, ibid. 119. —
Origin of the difference in Standard between
English and Irish Monies, ibid. 120. — Origin
of the word Sterling, ibid. ib. — Said to be un-
lawful to collect Money for Charities without
Letters Patent, or the King's Brief, 15 vol.
1418, ibid. ib. (note) .^-Doubts respecting the
legality of subscribing Money for tiie D^enoc
of Government in times of emergency without
the King's Licence, or the authority of Parlitu-
ment, ibid. 1418 (note).*— Lord Hardwicke
says that such doubts have no foundation in
Xaw, ibid. ib.
MONOPOLIES.— See Eatt India Company.
Proceedings in Parliament against Sir Giles
Mompesson, in 1621, for the abuse of Patents
of Monopoly, 2 vol. 1 1 1 9. — ^Proceedings against
Sir Francis Michell for a similar Oifence, ibid.
1I3L — ^The Great Case of Monopolies, 10 vol.
371.— Lord Ck>ke*s Definition of a Monopoly
as cited by Mr. Holt in his Argument in that
Case, ibid. 380.— Mr. Holt's A^mentin that
Case, that the King has the power of granting
by Charter an exclusive licence to trade with
Infidels, ibid. 377.-<-Sir Robeit Sawyer's Ar»
guaeot to the same point, ibid, 407.— Every
Monopc^y of buying and selling, or of Trade,
said by Mr, Pollexfiin in that Case, to be
ingrossinff, ibid. 422. — ^liis Enumeration of the
evils of Monopoliesy ibid. 425.
MONSTER.
Notiee of a Case in the Court ef Common*
Pleas, in the Reign of James the Seconds
respecting the right of property in a Monster^
20 vol. 55 (note).
MONTH.
Reasons why a Month in Law is a Luwnr
Month, or twenty-eight days, 20 vol. 1283
(note).
MONUMENT,
Account of the Inscriptions on the Mobo-
ment in Commemoration of the Fire of London,
6 vol. 864. — One of the Inscriptions, ascribin^^
the Fire to the Papists, was erased by James
the Second, on his accession to the Crown, bui
was restoied at the Revolntion, ibid. 833
(note).
MORAVIANS
Reference to Works illustrating the religions
doctrines of the Moravians, 5 vol. 542 (note)*
MURD£R.--See Bomidde; MuMee;
Momlaughter.
Lord Coke says, that it was ?e9olve4 00 the
Trial of Weston for the Murder of Sir Thomas
Overbury, that the manner of killing laid in an
Indictment is not the point of it, b^t the
matter; and that if it be stated in the Indict^
ment that the stro)ce was given by a dagger^
when in fact it was by e sword, it is suf&Qien^
2 vol. 1031 .—In all Cases of Murder, the Judg-
ment by the Common Law is the same ; ana,
therefore, in Felton's Case for stabbing the
Duke of Buckingham, the Judges refused to
order the Prisoner's hand to be cut off, though
required by the King to do so, 3 vol. 372. — By
the Civil Law no Evidence could be adduced
against a person accused of Murder, unlesa
there were direct and positive proor of the
Death, 11 vol. 464 (note).— Lord Hale's
Practice as to Trials for Murder in this
respect, 14 vol. 1310. — Account of the Trials
Condemnation, and Exeqution, of Joan Perry
and her two Sons, for the Murder of Mr.
Harrison, who was afterwards discovered alive,
14vol.l312.--^eealso Green, Cojoftm Vrnw^
—It was resolved by all the Juages in Lord
Moriey's Case, that no Words whatsoever vrill
constitute such a Provocation in Law as will, if
a person kill another upon his speaking them,
reauee the nature of the Homioide from Murder
to Manslaughter, 6 vol. 771^— See also 17 vel.
66, 18 vol. 312.—- But if upon angry Woids^
two men suddenly fight, and one is killed, it is
only Manslaughter, 6 vol. 771.*-But in such
a Case the Onus liee upon the Prisoner to
prove the sudden Quarrel, 17 vol. 48.^-^Opinioa
of the Judges in Lord lifohmi's Case, tbtt
Persons present when a Murder is committed^
and in company with the Murderer, do not
necessarily participate in the quality of his
Crimef but may be found Ouihy of Man-
slaughter, 12 vol. 10a2.^Que5tions proposed
CoHVSKTSfl
THE STATB TRIAI.S.
315
teveralljT to tlie JadgtM on the Trial of Lord
Mohun in the House of Lords, respecting the
imooiitof Homicide) under particular given cir-
^UQstaiicesy to Murder or Manslaughter, with
their Answers thereto, and the Arguments of
Counsel thereon, ibid. 1023, &c. — By the Civil
Law the person only who gives the mortal
strolce is ^ilty of Murder, 14 vol. 1085. —
— Malice is implied so as to constitute the
Offence of Muraer, if one man kills another
without reasonable provocation, Kidd^s Case,
14 vol. 145. — If a Master or Parent kill a
Servant or Child by unreasonable severity of
Punishment, and with an improper Instrument,
it is Murder, Mawgridge's Case, 17 vol. 67. —
If a Man shoots at a tame Fowl, with an inten-
tion to steal it, and in so doing accidentally
ki\U a man, this will be Murder, 16 vol. 80. —
Eemarks of Lord Holt in Mawgridge's Case,
Xn the kinds and degrees of Provocation
cb, in Cases of Homicide, will reduce the
Offence from Murder to Manslaughter, 17 vol.
66. — Discussion of the circumstances under
whid^ Homicide will or will not amount to
Murder by Chief Justice Raymond, in deliver-
ing the Judgment of the Court in Qnehy's Case,
ibid. 41. — Arguments in Chetwynd's Case,
npoa the effect of different circumstances at-
laidii^ the act of Homicide in constituting
Murder or Manslanghter, 18 vol. 302.— On a
Trial for Murder the Court are Judges of the
Malice, and not the Juiy, Oneby's Cas^, 17
voL 49. — Etymology imd derivation of the term
Murder, ibid. 59 (note). — ^History of the Law
of England respecting Murder, and origin of
the distinction between it and Manslaughter,
ibid. 59, ibid. ib.(note). — Murder may b^m-
loitted without any stroke or wound being
f;iveQ, Huggins'a Case, ibid. 374. — ^Xhe Law
implies Mjdice so as to constitute the Offence
of Murder, where a party is killed by duress of
Imprisonment, ibid* 375. See also ibid. 453
(note). — Instances in which an absept person
may be guilty of Murder as a Principal, ibid.
379. — Mr. Justice Foster's Opinion on Mac
Daniel's Case, that the offence of a person wil-
fully giving false testimony against an innocent
man, with intent to accomplish his death, and
thereby causing him to be executed, does not
by the English Law amount to Murder, 19 vol.
813. — Lord Coke's Opiuion coincided with
that of Mr. Justice Foster, ibid. 810 (note).—
Doubts respecting the validity of this Opinion,
ibid, ib* (note),— Opinions of Mr* Justice
Black«lone> Mr* B^nington, and others,, on the
pc^nt, ibi,d. ib. — ^Ifa Man inflicts wounds on
fkpotlier which nug^t probably cause death, it
ia eqyal^ Murder in the Offender, wheUier
peattK ins|9^ntly ensues in Gonsequ^Qce of the
wounda, or whether ^t h^ been accelerated by
th^ iff»prop«r manner in which the deceased
lieated luma^lfji Governor Wall's Case, 27 vol.
liS,-^Mr. Bml^ expresses |a Opinion that
Murder must m all Cases be punished by
Death, £m. Pief« 1 toL ^opui. — Mr. Justice
Foster's Observations upon the Law lespecting
Somoiidft upon am»l8» or attempts to anest.
19 vol. 873 (note).r--B4»m«rks of several writers
on the Law of Scotland respecting Homicide
in resisting Q£&cers, ibid. 879. — ^The King
cannot pardon in an Appeal of Murder, because
it is the suit of the party, 8 vol. 287. — Lord Holt
expresses his approbation of Appeals of Murder,
13 vol. 1199 (note). — ^Lord Nottingham says^
that an Appeal of Murder is aSuit odious in Law,
and therefore tied up to more formality than
any other Suit, ibid. ib. — Proceedings on an
Appeal of Murder, Bambridge and Corbett*^
Case, 1 7 vol. 395, 397.— An Appellee is allowe4
to make his full Defence by Counsel in an
Appeal of Murder, ibid. 430.-*See also 8 vol.
726. — For instances of Trials for Murderin the
State Trials, see Acton, William, 17 vol. 310
—Annesley, James, 17 vol. 1093— Atkins,
Samuel, 6 vol. 1473— Bambridge, Thomas, 17
vol.297— Barbot, John, 18 vol. 1229— Berk ele,
Thomas De, 1 vol. 55— Blandy, Mary, 18 voU
1117— Bothwell, James, Eari of, 1 vol. 901—
Broadfoot, Alexander, 18 vol. 1323— Byrne,
William, 27 vol. 455— flyron, William, Lord,
19 vol. 1177— Carnegie, James, 17 vol.73—
Chetwvnd, William, 18 vol. 289— Coning*?
mark. Charters John, Count, 9 vol. 1— Conk*
wallis, Charles, Lord, 7 vol. 143— Cowper,
Spencer, 13 vol. 1105— Felton, John, 1 voU
1085— Ferrers, Lawrence, Earl, 19 vol. 885—
Goodere, Captain Samuel, 17 vol. 1003—
Green, Robert, 7 vol. 159— Green, Captain
Thomas, 14 vol. 1199— Hall, John, 1 vol. 161
—Harrison, Henry, 12 vol. 833— Huggins,
John, 17 vol. 297— Jackson, William, 18 v<J.
1069— Kidd, Captain William, 14 vol. 123—
Kinloch, Sir Archibald Gordon, 25 vol. 891—
Knowles, Charles, 12 vol. 1167— Mac Daniel,
Stephen, 19 vol. 745— Mellor, George, 31 vol,
997_Mohun, Charles, Lord, 12 vol. 949—
Moriey, Thomas, Lord, 6 vol. 769— Mortoun,
James, Earl of, 1 Vol 947— Noble, Richard, 15
vol. 731— Oneby, Major John, 17 vol, 29—
Pantaleon Sa, 5 vol. 461— Pembroke, Philip,
Earl of, 6 vol. 1309 — Porteons, Captain John,
17 vol. 923— Reason, Hugh, 16 vol. 1— San-.
2uire, Lord, 2 vol. 743.— Somerset, Robert
Jarr, Earl of, 2 vol. 965— Stevenson, John, 19
vol. 845— Stewart, James, 19 vol, 1— Swan,
John, 18 vol. 1193— Wall, Joseph, 28 voL 51
—Walters, Rowland, 12 vol. 113— Weston,
Richard^ 2 voU 911.
MUTE-STANDING.— See Feine forte et
dure.
On the Trial of Richard Weston, for the
Murder of Sir Thomas Overbury, Lord Coke
explains to the Prisoner, on his refusing to
plead, the nature of the punishment of the
Peine fort et dure, 2 vol. 913.— Precedent of
the infliction of the Peine fort et dure upon a
Woman, in the Reign of Henry the Sixth, for
refusing to plead to an Indictment for con-
temptuous Words respecting the King, 3 vol.
360. — Several instances are said by fir. Bar-
rington to have occurred in modem times, 30
vol. 767, Q28.— A F(i«>Der standing mute in
di6
GENERAL INDEX TO
[Mxscblim
High Treason is ipso facto attainted, ibid. ib.
(note). — By Stat. 12 Geo. a, c. 20, standing
Mute in Felony and Piracy amounts to a Con-
Yiction, ibid. ib. — By Stat. 3 and 4 Will, and
Mary, c. 9, all Offenders who would be with-
out Clergy, on Conviction by Verdict or Con-
fession, are so equally upon standing Mute,
ibid. 402 (note). — It was resolved by the
Judges, in Lord Castlehaven's Case, that if a
Prisoner stood Mute in Rape or Sodomy, he
might have his Clergy, ibid. 402. — It was
also resolved by the Judges in that Case, that
if a Prisoner stood Mute, it was in the discre-
tion of the Court to open Evidence of the
Facts, ibid. 403. — This was done on the Trial
Of Weston for the Murder of Sir Thomas
Overbury, 2 vol. 915.— It was also resolved,
in Lord Castlehaven's Case, that if an Appellee
stood Mute in an Appeal, he roust be hanged,
an Appeal not being within the Statute of
Westminster, 1 Car. 12, 3 vol. 403.— It was
also resolved in that Case, that a Lord of Par-
liament is within the Statute of Westminster,
and that, if he refuse to plead, he is liable to
the Judgment of- the Peine fort et dure, ibid,
ib. — Lord Ellenborough says, in Governor
Picton's Case, that the object of the Peine
fort et dure was not to compel a Confession,
but to compel the Prisoner to plead, 30 vol.
895. — ^Distinction between the Peine fort et
dure, and Torture, ibid. ib.
MUTILATION.— See Cutting off the Hand,
•
In the Case of Felton, who murdered the
Duke of Buckingham, the Judges refused to
order the Prisoner's Hand to be cut off upon
bis conviction, though required to do so by
the King, 3 vol. 372.
. NAME.— See Additiort; Misnomer,
NATURALIZATION.— See AUen.
Lord Bacon's Account of the different de-
grees of Naturalization according to the Laws
of England, 2 vol. 581.— Stat. 29 Car. 2, c. 6,
iiatursdizing the Children of British subjects
born out of the Kingdom during the Com-
monwealth, 8 vol. 534. — Reason of the Law
that the King cannot, without the authority of
Parliament, naturalize an Alien, 10 vol. 499.
NE EXEAT REGNUM.
This Writ was originally confined to the
restraint of persons from leaving Uie Realm
for matters of Slate, 10 vol. 396*7— It was
never intended or used for the purpose of
restraining Merchants from leaving England
for the purposes of Trade, ibid, ib.— It is, in
modern times, extended to confine a person
within the jurisdiction of Courts in England,
ibidp ib.
NEGRO.— See Slavery.
Report of the celebrated Case of James
Sommersett, the Negro, on a Habeas Corpus
in the Court of King's Bench, 20 vol. 1. — Re->
port of Cases in the Court of Session, deciding
that in Scotland a Man can have no right of
property in a Negro, 20 vol. 1 (note). — ^Ac-
count of the Negro Case in France, from
"Les Causes C6l^res,'' ibid. 12 (note>—
Doubts whether Slavery did not exist in France
before the Revolution, ibid. 1369. — Said to
have been held by the Court of King's Bench,
in the Case of Butts v. Peony, that an Action
of Trover would lie for Negroes, being Infidels,
ibid. 51. — Mr. Hargrave's Remarks upon this
and other Cases in our Law Books appearing
to establish an absolute right of property in
the Master of a Negro Slave, ibid. ib.
NEW ENGLAND.— See Qvelck, John.
Account of Witchcraft in New England in
the 17th Century, extracted from Hutchinson's
History of Massachusetts Bay, 6 vol. 647.
NEW ROMNEY, TOWN AND PORT OF.
The Trial of an Issue on an Information in
the nature of a Quo Warranto against John
Gibbon, to try whether the right of electing a
Freeman of the Town and Port of New Romney
be in the Mayor and Jurats, or in the Bf ayor,
Jurats, and Commonalty, 8 Geo. 2, 1734, 17
vol. 801. — Evidence for the Defendant, ibid.
804. — Evidence for the Crown, ibid. 810.—
Chief Justice Eyre's Charge to the Jury, ibid.
819. — ^The Jury find a Verdict for the Crown,
ibid. 822. — Trial of Issues joined on an In-
formation, in the nature of a Quo Warranto
against Richard Elles, to try the merits of bis
Election as Mayor of New Romney, 8 Geo. 2,
1734, ibid. 821. — Evidence on the Issue that
Elles was duly elected ^ ibid. 827. — ^Verdict for
the Defendant on that Issue, ibid. 841. — Eri-
dence on the Issue that he was duly sworn,
ibid. ib. — ^Verdict for the Crown on that Issue,
ibid. 844.
NEWS.
Precedents of Prosecutions,* in early times,
of persons for spreading false News, 3 vol.
350.— Proclamation of Queen Anne against
spreading false News, 15 vol. 359.
NEWSPAPERS.
It was said by Chief Justice Scroggs, in the
Case of Benjamin Carr, to have been deter-
mined, in the Reign of Charles the Second,
by all the Judges, that it was illegal to print
or publish any News Books, or Pamphlets of
News whatsoever, without authority, 7 vol.
1127. — Mr. Mackintosh's Historical Remarks,
in his Defence of Peltier, upon the advantages
derived by England from the introduction and
multiplication of Newspapers^ 28 vol. 599.—
Upon a criminal Trial for a label in a News*
paper, an Affidavit containing the Names of
the parties and of the place where the News-
paper was printed, according to the Stat. 38
Geo. 3, c. 78, together with the pix)ductioa of
CMmNTB.3
THE STATE TRIALS.
diy
t Newspaper eonresponding to the descnption
in the Affidavit^ is Evidence of the publication
in the County where the printing of it is
described to be, 30 vol. 131d*
NEW TRIAL.
The Practice of Courts respecting the grant-
iog or refusing New Trials on the ground of
excessive Damages, stated by Chief Justice De
Grey, on delivering the Judgment of the Court
in the Case of Fabrigas v, Mostyn, 20 vol.
175.— A Defendant convicted on a criminal
Prosecution cannot move for a New Trial after
the first four Days of the next Term, Holt's
Case, 22 vol. 1206 (note). — ^But if it appear
to the Court at any time before Judgment
ihat injustice has been done by the Verdict,
ihev will interpose and grant a New Trial,
ibii ib. — ^Instance of a New Trial being
granted in a criminal Case, upon Affidavits of
Uie Jury, stating that they merely meant to
find the Fact done by the Prisoner, and not
the criminal Intention charged in the Indict-
tneot, Case of Ashley and Simons the Jew, 19
▼61. 680.— The Affidavit of a Juryman with
regard to his sentiments on a point of Law is
hot admissible on a Motion for a New TriaJ;
Almon's Case, 20 vol. 851.
NINE LORDS AT YORK.— See Nortfump^
ton, Spencer, Earl of.
NOBILITY.— See Peers.
A Title of Nobility cannot be taken away
aceptby Act of Parliament, Earl of Shrews-
hw/s Case, 2 vol. 743.— A Peer cannot di-
rest himself of his Nobility, nor can it be
taken from him but by Act of Parliament, At-
tainder of his Person, or by Scire Facias to
jecall his Letters Patent, Earl of Banbury's
Case, 12 vol. 1 195.— The King cannot counter-
mand Letters Patent creating a Title of
Nobility 5 but where the Creation is by Writ,
he may supersede it after it is sealed, and
before the Parliament sits, ibid, ib.— Nobility
M fixed to the identity of the person, and
inherent in the blood of him to whom it is
P^ted, and cannot be assigned over or barred
by him who hath it, ibid, ib.— A title of
Wpbuity cannot be taken away without the
?^ng'8 consent, ibid. 1196.
NON COMPOS MENTIS.— See Luamty.
NORTH BRITON.— See WUkes, John.
NOTES.
•Reference to Passages in the State Trials,
•ftewmg that the Judges formerly took no Notes
01 the Evidence on Trials, 17 vol. 1420 (note).
"-It has been said that Chief Justice Pratt
?«!er took Notes of the Evidence on Trials
•before him, ibid. ib.
NOTTINGHAM.— See SachevereU, William.
^e Cwe of the Corporation of Nottingham,
respecting the surrender of Aeir Charter in the
Reign of Charles the Second, 10 voL 95. — Not-
tingham is a Borough by Prescription, and
has always claimed to have a Corporation by
Prescription, ibid. ib. •
NOVELTY.
Chief Justice North's Opinion against
Novelties in Law, in his Judgment in the Case
of Bamardiston and Soame, 6 vol. 1109.
OATH.
Form of the Oath administered to Michael
De la Pole, Ead of Suffolk^ and Chancellor of
England, on having the Great Seal delivered
to him in the Reign of Richard the Second,
1 vol. 91.-— Oath administered to Witnesses on
criminal Trials during the Commonwealth, 5
vol. 76.— The Grand July's Oath, 7 vol. 941.—
Oath administered to Witnesses on the Trial of
a Peer upon an Impeachment for a capital
Offence, ibid. 1274.^0ath administered to an
Interpreter on the examination of a foreign
Witness, 9 yol, 1099. — Oath administered to
Witnesses in the House of Lords on a Bill for
a Divorce, 12 vol. 890. — Oath administered to
Witnesses on the Trial of a Peer upon an Im-
peachment for High Crimes and Misdemea-
nours, 29 vol.672. — Oath administered to Triers
on the, Trial of a Challenge for Cause, 26' vol.
1227. — ^Judicial Oath of the Barons of the
Exchequer, 14 vol. 63. — OalCL-bf the Lord
Chancellor, 16 vol. 785. — Oath of the Masters
in Chancery, ibid. 830. — Oath of a Witness
examined on the Voire dire, 18 toI. 583. —
Stat. 12 Ric. 2, c. 2, prescribing an Oath to
certain judicial Officers previous to their ap«
pointing ministerial Officers, ibid. 8^7. — Dis-
cussion of the nature and object of this
Oath, ibid. 1281, &c. — Summary of the Sta-
tutes now in force respecting the Oaths of
Allegiance and Supremacy, and making
the Declaration against Popery^ 6 vol. 201
(note). — For Trials of Persons for refusing to
take the Oaths of Allegiance and Suprc^macy,
see Crook, John, 6 vol. 201 — Fell, Margaret,
ibid. 629— Fox, George, ibid, ib.— Hales, Sir
Edvrard, 11 vol. 1165. — ^Account of the
Statutes s^ainst administering unlawful Oaths,
31 vol. 969. — Mr. Erskine's Remarks, in his
Speech for the Prosecution on Williams's Trial
for a blasphemous Libel, on the religious
sanction of Oaths relating to the Administra-i
tion of Justice, 26 vol. 665. — Opinions of
Lord Coke and Mt. Justice Blackstone against
voluntary Oaths, 33 vol. 151 (note). — For
Trials of persons for administering unlawful
Oaths, see Black, David, 20 vol. 1179— Edgar,
William, 33 vol. 145 — ^Mackinley, Andrew,
ibid. 275— Orr, William, 26 vol. 901.
OBEDIENCE.— See Passive ObecUence;
Resistance.
Sensible Remark of Archbishop Sharpe on
the limits of Obedience, 15 vol. 94 (note).
«1»
GENERAL INDEX TO
CM
oBSCENmr.
It wa$ held by tb« Court of King^s Bertcb,
in Curll's Case^ that Obscenity i« ft temporal
Offence, ^nd cognuable by the Courts of Com-
mon LaWy 17 Tol. 160. — ^Bat in Read's Case,
Lord Holt and the other Judges of the Court
of Ring's Bench held, that an Obscene Libel
was 9Dly pumsbable in the Eoclesiastica]
Courts, ibid. 157 (iiote)* See also ibid. 195
(note).
OBSERVATOR.— See Tuiddny John.
OFFENCES.
Diaevasioa in the Debate on the Relevapey,
in li^Kinley's Cast in the Court of Justiciary,
whcditr the Offence of administering unlawful
Oaths if not merged in the superior Offence of
Treason, where the Oaths are taken under
aucb ciroumstanoea as by Law amount to
l^easoD, 3S toL 282.
OFFICE.
Argument of Serjeant Probyn, on Lord
Macclesfield's Trial, in justification of the
practice of selling Offices by those who have
the right of appointing to them, 16 vol. 1087.
«— Dr. Sayer's Argument on the same subject,
ibid. 1109.-«-Lord Chancellor Macclesfield's
Argument on the same subject, ibid. 1273. —
Where a P^^sfj^ being in possession of a Cor-
porate Office, accepts another Office, incom^
patible with it, Uie former Office, by such
acceptance, becomes vacant, 17 yol. 845 (note).
—A person in a public Office of trust is liable
to an Indictment for a fraudulent Breach of
Duty; Bembridge's Case, 22 vol. 77,, ibid. 155.
OFFICEBSw^Sae SeoMon, Eughf Steve»ian,
John: Arrettp Con^akU.
Mr. Justice Foster's Obsenrations upon the
Law respecting Homicide upon Arrests by
Peace Officers, 19 vol. 873. — XMseussion whe-
ther a Warrant in which the Name of the
Officer is inserted after the Warrant is sealed^
is legal, ibid. 864.
ORDEAL,
Mr. Barrington remaiks, that it does not
appear when the Trial by Ordeal was disused,
3 ToK 519« — Reference to authors who treat
of the Trial by Ordeal, ibid. ib.~Qne of the
Jesuits tried for being concerned in the Popish
Plot offers to put himself on his Trial by
Ordeal, 7 ^dl. 388.
ORDER.
An Order of Parliament is determined by
the Dissolution of the Parliavi^nt, ^ rol, 4Q2.
ORDINANCE.
Account of Cr9in?r«U*f OrdiAMoe for ^ect-
lag scandaloQs and iosufideot Miiuilisr% S
vol. 639 (oote), ibid. 630.
OVERT ACT.— See Trea$M.
An attempt to n^fifry a person claiming
present Title to the Crqwn, without the oon-
sent of the reigning SovereigUf said to be an
Oiert Act of Treason^ 1 vol. IQOa.— It wa^
held by all the Judges, at a Consultation pre*
nous to the Trial of the Regicides, that Word^
may constitute an Overt Act of High Treason,
5 ▼oL983; see also 10 vof. 277, 295. — But
mere Words, not relating to any act or d^
sign, are not Overt Acts of Treason, 22 toI,
480 (note). — Argument of Sir Thomas Wither-
ington, in Love's Case, that the two Witnesses
required ia Treason by the Statutes 1 and $
Edw. 6, in a Ca^e of complicated facts,
miffht consist of one Witness to one Overt Act,
ana another to another Overt Act of the same
species of Treason, 5 vo). 178.— Mr. Justice
Foster says» that this is the first instance he
had met with of the assertion of this Doctrine,
ibid. 240 Tnote). — ^This Doctrine was held' by
all the Juages at the Consultation previous tQ
the Trial of the Regicides, ibid. 978. — It was
abo confirmed by the Opinion of the Judges
in the House of Lords in Lord Stafford's Case,
7. vol. 1527 ; see also what is said by Ixvrd Chief
Justice North in Colledge's Case, 8 vol. 620,
and by Lord Holt and the other Judges on
the Trial of Sir William Parkyns, 13 vol. 111.
-^By Stat 7 Will. 3, c. 3, it is provided^ that
on a Trid for Treason no Evidence shall be
given of anv Overt Act not laid in the Indict-
ment, 5 Toi. 977 (note).— This Rule said by
Mr. Justice Foster and Mr. East to have
existed at Common Law, ibid. ib. — But since
that Statute, Evidence may be given of an
Overt Act not laid in the Indictment if it
conduces to prove another Overt Act that is
so laid, Vaughan's Case, 13 yqI. 499 ; Deacon'f
Case, 18 toI. 360. — ^A Conspiracvto levy War,
though no War be actually leviea, is an Overt
Act of Compassing the King's Death within
the Statute of Treasons, ibid. 984. — ^This was
held bv Lord Holt, on the Trial of Sir William
Freindf 13 toI. 61. — In Layer's Case it was
said to haye been so decided a hundred times,
16 Tol. 312.— See Mr. Anstruther's Argument
on this subject on the Trial of Robert Watt,
23 vol. 1194. — See alaothe lan^age of Foster,
as cited by Lord Loughborough,inLord George
Gordon's Case, 21 yol. 490. — It was resolved
in Sir Heniy Vane's Case, that a consultation
and advising together of the means to destroy
the King and his GoTemment was an Overt
Act of CQmpa9«ii>g the Kipg'a Death, 6toL
122, 225."^A Conapiraoy to iuv^dp the $«als»»
or depoi? the Kiqgy 19 99 Overt Act of Qish
Treason in the Article q( Cgmpassi^g the
King's Death> 13 voU Xt% 1il3,— CoQ^enting
to a traitorous Design said by Loid Holt, iu
Rookwood's Case, to be an Overt Act of Trea-
son, ibid. 210. — Levying War is an Overt Act
of Compaawg thtt KiPl^ H^i^ Sepscy'i
CoMmrrs.J
THE STATS TRIALS.
619
Case, 19 vdl. 1944.— in Twyn's Ctse^ tbe
mibliabmif « Book indting the People to Re*
beUiooy was bold to be en Overt Act of Treuoa
u the Air^te o{ Compaoaing tbe King's Deeth,
6 vol. 5X9 (oatd).«-Printing may be an Overt
Aetcf Tfeasoii, Aaderton'tCaaey t3ToL 1848.
—After proof of an Overt Act in tbe Coonty
iflwbich the Treason is laid. Evidence may
be given of any otber Overt Acts <tf the same
species of Treason in otber Counties, Sir
Henry V«ne*s Gase, 6 vol. 128,«^ee a refer-
ence to otber Cases establisbing this point,
iM. 139 (note).— «In tbe Case of Lord Preston,
wbo was tried in Middlesex, the taking Boat
ia Biiddlesex for tbe purpose of going to
France to promote an Invasion of England,
wis hold to be a sufficient Overt Act in Mid«
dlesex in order to admit Evidence of other
Overt Acts done in other Counties, 13 vol.
7S7.-*«A Letter written in the County in which
aa Indictnaent for Treason is laid, mav be a
sufficient Overt Act within that County,
Henaey's Case, 19 vol. 1845.— Sending intelli*
fence, or collecting intelligence for the pur-
pose of sending it to an Bnem^, in order to
assist tbe Enemy to annoy this Country or
defend himself, are Overt Acts of Treason,
both in the Article of Compassing the King's
Death and Adhering to tbe King's Enemies,
14 voL 137a (note), 19 vol. 1344, 21 vol. 808.
-^Any Act manifesting a criminal intention,
or tending to the aocomplisbment of a crimi-
nal object, is an Overt Act, 83 vol. 685.— There
is no Bttle of Law that in Cases of Treason
tbe Overt Act must be proved by two Wit.
nesses before Evidence of a Confenion is
admissible, Crossfi^'s Case, 26 vol. 57.
OUTLAWRY.
Pfecedents cited in the Case of Sir Francis
Goodwin, showing that an Outlaw may be
privileged by the House of Commons, and
letarDMl to serve in Parliament, 2 vol. 97.—
Tbe word Outlawry in a Pardon held to apply
to Ontlawries between party and party, and
not to Outlawries for Felony, 7 vol. 1052. — At
Common Law, a person who was beyond Sea
during the wbole Process and Pronunciation
of an Outlawry against him, might assign this
&ct for Error, 10 vol. 120.— -The Stat. 5 and 6,
£dw*6, c. 1 1, enlarges the Common Law for the
benefit of the Outlaw, and gives him liberty to
assign for Error that he was beyond Sea at the
time of the Oudawry pronounced, ibid.ib. — ^The
Court of Kind's Bench refused the benefit of
this Statute to Sir Thomas Armstrong, ibid. 111.
-^^Basobitions of the House of Commons after
the Revolution upon tbe Conduct of the Court
of King's Bench in Ae CJase of Sir Thomas
Armstrong, ibid. 117d — ^It is sufficient to entitle
a person to the benefit of tbe Statute of Edw.
6, if he surrender himself to the Chief Justice
when brought to the Bar of the King's Bench
by compulsory Process, Johnson's Case, ibid.
Ill (note).— On an Outlawry for High Trea*
•ei», tha Outlawry k the Mgment, and if the
Prisoner be brought int» tiit Khig's Bandl
upon the Outlawry, that Court does not pro*
noonce Judgment, but iMrely gives a Rale fbr
Executioo, Holloway's Case, ibid. 5«*-Dtibr»
enoe between Outlawry in Civil and Criminat
Proceedings stated by Lord Mansfield on de»
livering the Judgment of the Court in Wilkes's
Case, 19 vol. 1098. — Outlawry will lie upon
a Criminal Information, ibid. 1104^— Outlawry
will lie upon every Conviction for an Offence
against tbe Peace, although tbeare may be no
actual Force, ibid. 1106.— No Writ of Procla-
mation is necessary in Criminal Cases in Out-
lawry after Judgment, ibid. 1108.
OXFORD UNIVERSITY,— See Magdiikm
College.
OYER AND TERMINER.
Tbe Justices of the King's Bench art
sovereign Justices of Oyer and Terminer, %
vol. 758.*- Justices of the Peace are not Jus*
tices of O^er and Terminer within the mean-
ing of a Statute which gives Jurisdiction to
Justices of Oyer and Terminer in certain spe«
oified Cases, ibid, ib.-— Commissioners of Oyer
and Terminer cannot, by the Common Law,
sit during Term in the aame County with ^be
Court of King's Bench, ibid. 750.-^Dlbum's
Argument against extraordinary Courts dT
Oyer and Terminer, 4 vol. 1275. — ^Justices of
Oyer and Terminer, by the words of their
CommissioD, mav inquire by other ways and
means than by Indictment, 10 vol, 1357.««<!
Difference in practice respecting the Jury
Process under a Commission of Oyer and Ter-*
miner and a Commission of Gaol Delivery, 13
vol. 326.*— A Tales lies in Cases of Felonjr
upon a Commission of Oyer and Terminer,
ibid. 322.— On Special Commissions of Oyer
and Terminer it is not tbe practice to return
the Depositions taken before the commiUing
Magistrates, 26 vol. 1192.
PAGAN$.^See UnfJeU.
PAINS AND PENALTIES,-.See Attainder;
Atterburyf Bu^.
Opinions of several eminent Writers re^
specting Bills of Pains and Penalties, 16 vol.
651 (noteV-^Some of the Reaicides were pun-
ished by Bills of Pains and Penalties, ibid.
608."^Argument of Mr. Wynn against such
BilU, in his Speech for Bishop Atterbuiy,
ibid. 518.— A Bill of Pains and Penalties for
Treason may be pleaded in Bar to an IndieU
ment for the same Treason, 16 vol. 465.
PALACE.
Proceedings against Sir Edmond Knevet,
for Striking in the King's Palace, 1 vo). 443.
PAPERS.
In former times the Jury could net, in
Criminal Cases, take any^ Papers with ^em
990
GENERAL INDEX TO
XMl8CBI<I>,
when th^ retired to con^der their Verdict,
unless by Consent, though the Papers bad
been prored in the oonrse of the Case, 7 yoI.
1207.— Lord Holt, on the Trial of Sir John
Freiad, refused to allow the Jury to take a
Letter out of Court with them which had
been girea in Evidence for the Crown, 13 vol.
62.
PAPISTS,— See Jendti ; Pcpay,
Sir Edward Coke's Historical Account of
the Plots of the Papists in the Reign of Queen
Elizabeth, 2 vol. 223.— A Papist held to be
a good Witness by Chief Justice JefTeries, on
the Trial of Gates for Perjury, 10 vol. 1192,
1213. — ^Lord Holt,* in Sir John Freind's Case,
refuses to have the competency of a Papist as
a Witness argued, 13 vol. 45.— Mr, East's
Summary of the Statutes now in force against
pot making the Declaration against .Popeiy,
6 Yol. 201 (note).— Animadversions on some
of the principal Doctrines of Papists, 7 vol.
643» — ^Ronarks on the Doctrines of Equivo-
cation and Mental Reservation, ibid. 545, 557.
— LordFountainhairs Account of the measures
taken in favour of Papists in Scotland by
James the Second, 1 1 vol. 1165 (note). — Evils
arising from the appointment of professed
Papists to places of Judicature by James the
Second, 15 vol. 284.
PARDON.
It was held in Sir Walter Raleigh's Case,
that a Commission from the King for a foreign
Service, giving power of Life and Death, did
not amount to a Pardon of a Treason pre-
viously committed,' 2 vol. 34. — It was the
Opinion of most Lawyers at that time, that
such a Commission amounted to a Pardon,
ibid. 37. — Chief Justice Mountague, in that
Case, says, that a Pardon for Treason must be
by express Words, and not by implication,
ibid. 34. — ^Tbis Doctrine was alluded to by
the Solicitor General on the Trial of one of
the Regicides, 5 vol. 1101. — ^The power of
pardoning Treason is inseparable from the
person of the King, and cannot be communi-
cated to others, 4 vol. 1184.— If a person has
committed a capital Offence, and is pardoned,
and afterwards breaks the Peace, he forfeits
the benefit of his Pardon, ibid. 1186. — Lord
Chief Justice North says, in Reading's Case,
that a Pardon takes away not only a Witness's
liability to punishment, but removes all objec-
tion to his Competency, 7 vol. 296. — Mr.
Margrave's Notice of this Opinion, ibid. 1052
Snote). — In Elizabeth Cellier's Case, the
udges were divided in opinion upon the
Question whether, in case of a Conviction for
Pelony, a Pardon would restore the compe-
tency of the Witness, ibid. 1054 (note). —
Chief Justice Scroggs says, in Lord Castle-
maine's Case, that if a man be convicted of
Perjury, a pardon will not make him a Wit-
nessjj ibid. 1083. — Lord Holt expresses a cOn-
Uajy Opinion in Crosby's Case, 12 vol. 1296.
—Discussion of the Question, in Lord Castle-
maine's Case, whether a person burned in the
hand for Felony, and afterwards pardoned, is
a good Witness, 7 toI. 1084.-*lt was deter-
mined bv the Court of King's Bench in that
Case, after a communication with the Judges
of the Common Pleas, that a person convicted
of Felony and pardoned, but not burnt ia
the hand, is not a competent Witness, ibid^
1090.— Discussion in the Earl of Warwick's
Case, of the Question whether a person who
has been convicted of a clergyable Felony,
and allowed his Clergy, but has not beea
burned in the hand or pardoned, is a compe-
tent Witness, 13 toI. 1005. — Opinion of the
Judges, with their Reasons at length, that he
is not a competent Witness, ibid. 1014 (note).
-*Lord Holt's Opinion, in Crosby's Case, as
to the effect of a general Pardon in the re-
moval of civil and criminal Disabilities, 12>
vol. 1292, 1296.-— Discussion of this subject
in the Case of Ambrose Rookwood, 13 vol,
183.— Where the King grants a Pardon under
the Great Seal, it has the fuU^ effect of a Par*
liamentary Pardon, ibid. 186. — ^Debates in
the House of Commons, in the Earl of Danby's
Case, respecting the validity of. ,a Plea of
Pardon under the Great Seal to a Parliament-
ary Impeachment, 11 vol. 769. — Mr. Justice
Blackstone's Remarks upon this subject, ibid*
742 (note). — ^By the Act of Settlement, 12 and
13 Will. 3, c. 2, it was enacted, that no
Pardon under the Great Seal of England shall
be pleadable to an Impeachment by the Com--
mons in Parliament, ibid, ib.— But after the
Impeachment has been heard and determined,
the King may pardon, ibid, ib.— The King
cannot pardon in an Appeal of Homicide, be«
cause it is the Suit of the party, 8 vol. 287 ;
See also 18 vol. 319. — A Pardon granted be-
fore the commission of an Offence is inef«
fectual, 14 voL 1029. — A Pardon under the
Great Seal of Scotland cannot discharge an
Offence committed against the Law of Eng-
land, ibid. 1028. — ^A Pardon is not an Ac-
quittal within the meaning of a Penal Statute,
Chetwynd's Case, 18 vol. 327. — In pleading
a Pardon after a Conviction for a Misdemea-
nour, the .Defendant needs not go to the Bar
of the Court, or plead it upon his knees, 17
yol. 211 (note). — A Plea, of Pardon, being a
Confession of the Fact, if not made out, is
conclusive against the party pleading it, and
he cannot plead over to the merits, 4 vol. 1187.
— ^Form ofa Pardon granted to James the First
to Theophilus Higgons, for conversing with
Jesuits and remaining in Popish Seminaries,
2 voL 738.— Form of a Pardon granted by
James the First to Sir Eustace Hart, of all
Adulteries and Incontinencies, ibid. 740.
PARENT AND CHILD.
If a Parent, being provoked by the Mis^
conduct of a Child, corrects . him moderately,
and with a reasonable and proper Weapoii»
and the Child happens to diei it is only a Mis*
CONTBNTS.]
THE STATE TRIALS.
£31
adfeuture, Mkwgridge's Case, 17 toI. 67« —
Aigoment in favour of the right of the Father
hf the Law of England, in all Cases, to the
Costody and Education of his duldren, 15
fd. 1205.
PARLIAMENT.
See Annual Parliaments ; House of Commonsj
House of Lords ; Impeachment ; Privilege ;
Veers; Parliamentary Law,
Sir Robert Atkyns's Defence of Lord Coke's
Etymology of the word Parliament, 13 vol.
1393.— It was held in Sir John Elliott's Case,
that seditious and unlawful Acts done in Par*
liament are punishable in the Court of King*s
BcDch, 3 ToL 317.— Sir Robert Atkyns's Argu-
ment, in the Proceedings against Sir William
Williams, that the Court of King's Bench
cannot take cognizance of matters done in
Parliament, 13 vol. 1422.— An Order of Par-
liament is determined by the dissolution of
the Parliament, Captain Streater's Case, 5 vol.
403.— Courts take judicial Notice of the sitting
or dissolation of Parliament, ibid. ib. See
also 8 vol. 312. — A Parliament is ^ facto
dissolved by the Death of the King, Sir Henry
Tane's Case, 6 vol. 121. — ^Acts of Parliament
derogating from the power of subsequent Par-
liaments bind not, ibid. 122 (note).-*An in-
ferior Court may judge of the Privilege of
PaHiament where it is incidental to a Suit, of
"Which the Court is possessed, but uot of mat-
ters arising originally in Parliament, ibid.
1*291. See also 8 vol. 313.— Difficulties of
the subject of Parliamentary Privilege, and
inconsistency of the Decisions made at di£fer-
«nt limes respecting its extent, 6 vol. 1121
(note).— AU Privileges of Parliament which
derogate from the Common Law are now at
^ end, excepting the freedom of a Member's
Pwsim from Arrest, ibid. 1127 (note).— Mr.
Justice Blackstone's Summary of the later
Statutes restraining the Privileges of Parlia-
nent, ibid. ib. — Parliament proceeds in its
legislative capacity, and in matters of Privi-
l^e, according to the Law and Custom of
PaHiament; but in its judicial capacity it
proceeds according to the Laws and Statutes
^the Realm, 8 vol. 315.— Argument of Mr.
Wynne, in Bishop Atterbury's Case, that Par-
liaoient, when acting in its judicial capacity,
u bound by the Rules of legal Evidence, 16
Hi. 561 .-^The three Estates in Parliament
^ one entire Body and Corporatiojo, 13 vol.
^^8'— Lord Coke states, that in ancient time<
^Parliament sat together, but separated at
"e desire of the Commons, ibid. 1410.— Dis-
cission of the Power and Jurisdiction of Par-
'i^^nt, in the Proceedings against Sir William
l^iUiains for publishing Dangerfield's Narra«
^^9 as Speaker of the House of Commons,
*?d by command of the House, ibid. 1380.—
w Robert Atkyns's Argument, in Sir William
wu\ianjg»g Case, that the House of Commons
J** always been a constituent part of the Par-
**«»«n» of England, ibid. 1394.— The Parlia-
ment has a legislative, judicial, aad consulting,
power, ibid. 1414. — Reference to the earlier
Cases in the State Trials on the powers and
privileges of Parliament, 14 vol. 695 (note).— -
.Reference to Cases on the Question whether
the legality of a Commitment by ei&er House
of Parliament may be examined by a Court
of Law, 13 vol. 1371 (note).— General Refer-
ence to modem Pamphlets upon the Questionr
of the duration of Parliamentary Impeachments
after the Dissolution of the Parliament iii
which they were commenced, 2 vd. 1446
(note). — Resolution of both Houses of Parlia«
ment in 1791, in the Case of Warren Hastings,
that an Impeachment is not determined by a
Dissolution of Parliament, 2 vol. 1446 (note)^
12 vol. 1236 (note),
PARLIAMENTARY ELECTION.— See
Pkctioa*
PARLIAMENTARY LAW.— See Impeat^
ment; Parliament,
Lord Nottingham informed Lord Stafford
on his Trial, that the House of Lords would
not permit Counsel to argue points of Parlia-
mentary Law, 7 vol. 1545. — Reference to the
earlier Cases in the State Trials on the subject
of Parliamentary Law, 14 vol. 695 (note). —
Reference to various Cases in which disputed
points of Parliamentary Law are discussed and
settled, 6 vol. 1121 (note).
PARLIAMENTARY REFORM.
The Duke of Richmond's Letter to Colonel
Sharman on Parliamentary Reform, 24 voL
1048. — Mr. Burke's Opinion on Reform in
Parliament, 24 vol. 918.
PARLIAMENTARY PRIVILEGE.--See
Privilege of ParUament,
PARRICID£.--See BUmdvy Mary; Standi-
. field, Philip.
Severe Punishment of a Parricide by the
Roman Law, 4 vol. 1034.
PARSON.
An Action will not lie against a ParsoQ
suing for Tithes in kind, knowing that there
was a Modus, 6 vol. 1108.
PARTIAL COUNSEL.
Explanation of the meaning of the term by
the Law of Scotland, 18 vol. 962 (note).
PARTICEPS CRIMINIS.— See AccmpluM.
PASSIVE OBEDIENCE.— See ReMtonce.
Animadversions on the Doctrine of Passive
Obedience and Noi^Resistance in the Speeches
of the Managers for the House of Commons
on the Trial of Dr. Sacheverell, 15 vol. 53, &c.
— ^Argument of Sir Simon Harcouit for Dr.
Sacheverell that the Doctrine of Passive Obe-
dience, properly qualified and understood, is
a Doctrine of the Chuf ch of Eoglaad, and is
«•«
QSNBRAL iNDEX TO
[Mttcwuti*
agiBMbla to ilM Lmt of Eagknd^ ibid* tOSv--
Mr. J>odd'c Aifmnottt on the itme pointy
ibid. 216.— Mr. Pbipps'B Quouuioti of the
GpiaioM of sovortl enuoent Ditinei of the
Cburcb of Englaiid ie aapport of tbe Dootrine,
ibid. 231.-— EKtrade ftom Homilies and Sem
moos in sopport of the Dootriney ibid. 344.—
Dr. Bumet t Aoconnt of tbe Doctrine of the
Chnvch of England with reepect to Passive
Obedience, in his Speech on Dr. Sadievereirs
Trial, ibid. 481.p*-)dr. Justice Blaokstone's
JElMiarks on tbe Doctrines of Passive Obe^
dience and Not^Resistance^ ibid, 2 (note).—
Opittioof of Dr. Tnoker, Dean of Gloucester,
on the same sabject, ibid. 5 (note). — Assertion
jof the lawfelness of Resistance in certain Cir-
cumstances by Mr. Jeffrey, in his Defence of
Thomas Baird for Sedition, 33 vol. 105.
PATENTS.— See AfoNOpotief ; Mon^auon, Sir
Gila; Mkielt, Sir Framsii.
Discussion in tbe Great Case of Monopolies
respecting the Talidity of ao exclusive Patent,
lor trading to India, granted by the Crown to
the East India Company, 10 vol. 371.
PEACE.— See Jtutica of the Peace.
Wiit to the Sheriffs to proclaim Peace on
the Accession of Edwaid the Third, 1 voU 49.
•—Writing a seditious Libel tends to a Breadi
of tbe Peace, but is not itself a Breach of the
Peace, 19 vol. 990,996. — ^A Breach of the Peace
may be committed without actual Force, 19 vol.
3107w— DiscuasioD, in the Case of the Seven
Biceps, whether a seditious libel is a Breach
of the Peace, 12 vol. 22f.-— Discussion whether
a Secretary of State is a Conservator of Uie
Peace at Common Law, 19 vol. 10l2, 1037.
— Lord Camden delivers the Judgment of the
Court of Common Pleas, in the Case of Entick
and Carrington, in the negative, ibid. 1048.—
The power of Conservators of the Peace was
▼ery short of the authority of Justices of the
Peace at the present day, 12 vol. 1376 (note).
•— The existence of Peace between this Country
and France is matter of Notoriety, and need
not be expressly proved, though evened in
pleading, 23 voL 230, 28 vol. 016.
PEACE OFFICERS
Constable.
Qfieer$,-
PEERS.— See High Steward's Court ; h^peaeh-
ment; Parliament.
Assignment of Error in the Proceedings
•gainst Thomas, Eaii of Lancaster, in 1322,
that he was not tried by his Peers, 1 vol. 46.
—In the Case of Simon de Beieibrd, the Lords
peas Jndgment upon a Commonegr, b«t record
a Protest aghast that Case being madea Pre*
cedent for thera to judge any Ixit their Pe^i
a Treasoa or Fekny, ibid. 54^— Record of
ihe Protest of the Lords in that Case, anda
doubt suggested whether it was not am Act of
Parliament, 12 vol. 1229.— It was hold in the
CaM of D^ Coutesi 9iSkmm\mvf, 4hat in
the Star Chamber and Sa Chinceiy, Pi
should answer upon Oath, 2 vol. 771.*— But m
1638 and in 1640 the House of Lords dedared
it to be the privilege of Peers to answer in all
Courts upon Protestation of Honour only, itiid.
772 (note).-^A Peer, sitting in Judgment,
gives his Verdict npon his Honour, ibid. ib. —
In Criminal Cases, and in giving his Evidence
between party and party, he must be sworn ^
ibid. ib. — Cases in which the Protestation of
Honour is sufficient, ibid. ib. — Lord Bacon i»
said to have required Peers to swear in Chan-
cery, ibid. 1093.--OU the Trial of Lord Staf-
fbrd, the Bail of Macclesfield gave Evidence
upon his Oath, and, upon his hesitating to ba
sworn, was tokl bytfie Lord Hig^ Staward
(Lord Nottingham) that there was net a coloar
of doubt about it, 7 vol. 1458.--Two other
instances mentioned, in whidi Peers have been
sworn on their giving Evidence in crimimJ
Cases in Pariiament, ibid. ib. (note)^— On tbe
Trial of the Impeachment of Lmrd Chaacettor
MaoelesAeld, the Bishop of Oxford gave Evi*
deuce upon his Oath, 16 vol. 1252.— It waa
resolved by the House of Lords in 1685, that it
was a Breach of Privilege for a Master in ChaOp
eery to refuse to take the Answer of a Peer upon
his Honour, ibid. 1258 (note).-*Mr. I^nnesaye
that a Bishop is not to be tried in Parliament,
but by a Jury, 4 voL 744w — ^It was held in Lord
Sanquire's Case, that a Peer of Scotland, not
having a Barony in England, and not being
a Lonl of Parliament, is not a Peer of the
Realm, and therefore is not entitled to be tried
in Parliament, 2 vol. 756.— A Bason of Ireland
may be tried by a Jury in England for Trea*
sons committed in Ireland, Macguire's Case^
4 vol. 665, 689,-^Kesolution, in Lord Castla-
haven's Case, that a Peer of the Realm cannot
waive his Trkd by his Peers and be tried by a
Jury, 3 vol. 402* — ^Lord Hale mentions tbe
Case of Thomas de Berkele as the only in-
stance he ever knew of a Peer waiving hii
Trial by his Peers, and being tried by a Jury,
12 vd. 1219 (note). — ^It was also resolved, in the
Case of Lord Castlehaven, that if a Peer refused
to puthimself upon his Trial by his Peers, it vras
standing Mote, and subjected him to the Peine
fort et dure, 3 vol. 402^ — ^A Peer on his
Trial oannot challenge any of his Peers, 1 vol.
521, 1335. — So resolved by the Judges in
Lord Castlehaven's Case, 4 vol. 4024 — Similar
Resolution of the Judges in Lord Morie/s
Case, 6 vol. 769 (note). — ^Resolved in hotd
Castlehaven's Case, that a Peer on his Trial
for Felony has no Privilege for Counsel ra(ve
than a Commoner, 3 Td. 402. — Precedents
respecting the allowance of Counsel to a Petf
on bis Timl for Misdemeanours, 6 vol. 797.— •
Resolution of the House of Lords in 1701 that
no Lord of Pariiament, impeached of Hiyh
Crimes and Misdemeanoun, shall, npon hoe
Trial, be without the Bar, 14 ▼ol.288.--It
seems donbtfol whedier a Peer, on his Arraign*
ment, is to hold up his hand, 6 vol. 1 319 (noteX
—It was held by the Judges, ia Lonl Castle*
hKrea'a Case, Itet 4n a Tn^ ia the lii|^
ClMCBttS.]!
THE STATE TRIALS.
9*9
Steward's Cowty the Lords Trien might eat
tod drink before they were agreed, but tbat
they could not separate or adjourn till tbey
bad gi^en their Verdict, 3 vol. 403. — Discus-
BOD respecting the propriety of such an Ad-
jonnment on the Trial of Lord Delamere, 11
Tol. 560.— 'The SunuBons of the Peer to the
High Steward's Court, in the Case of the
Countess of Somerset, was signed by the Lords
of the Council^ 2 vol. 951. — ^Lord Chancellor
Jeieries says, in Lord Delamere's Case, that
tbe Peers are convened by the Lord High
Steward, 11 vol. 562.— Account of the Cere*
moaial part of the Proceedings on the Trial
of a Peer in the Court of the Lord High
Steward, by Gregory King, Lancaster Herald,
15 ToL 771 (not^. — ^^Mr, Justice Foster's Re-
aaiksupon the construction of the 10th and
tlth Sections of the Stat. 7 and 8 Will. 3,
niating to the Trial of Peers for Treason, 18
fol 442 (note). — ^Mr. Barrington*s Observap
tioDs on some of the ancient Statutes respect-
bgthe Trial of Peers for Crimes, 19 vol. 968
(note).— By the Stat. 20 Hen. 6, c. 9, Peeresses
are pat upon the eame fiottng with Peers with
KSpectto Trial and Punishment, 20 vol. 633.
—Discussion, in the Duchess of Kingston's
Cue, whether a Peeress convicted of a clergy-
able Felony is entitled, tinder the Statutes, to
the benefit of Peerage, ibid. 625. — ^Opinion
of the Judges in that Case that a Peeress is
eatiOed to the benefit of Peerage, ibid. 642
(note).— The word "Peer'' In a Statute in-
dndes Females as well as Males, ibid. 647
(note).— Opinion of the Judges, in the Case
of the Earl of Clarendon, that a Charge of
High Treason cannot originally be exhibited
by one Peer against another in the House of
L»ds, 6 vol. 313. — ^An Appeal against a Peer,
being the Suit of the party, is to be tried by
te Ofdiaary Jury, and not io the House of
I^rds, 8 vol. 238 (note). — Resolution of the
Hoose of Lords, in the Earl of Devonshire's
Case, that a Peer ought not to be committed
for the non-payment of a Fine to the King,
11 vol. 1372.— discussion in tlie Case of the
^ren Bi^ops, whether a Peer may be con»-
niitted for a idisdemeanour, 12 vol. 220. —
Peers may be committed for Treason, Felony,
or actual Breach of the Peace, ibid. 223.— A
Prisoner on his Trial cannot be allowed the
Privilege of Peerage on motion merely, unless
?e produces his Patent, Lord Preston's Case,
jbid. 666.— A Peer cannot divest himself of
jw Dignity or Privileges, nor can they be taken
from him except by Act of Parliament, At-
«»ader of his Person, or by Scire facias to
|«peal his Letters Patent, Earl of Banbury's
vase, ibid. 1195. — ^Peerage cannot be taken
wwjr without the King's consent, ibid. 1196.
•*-Mr. Crube's Summary of the effects of an
Attainder for Treason or Felony upon Peer-
■8«»> 19 voL 979. — ^Peers have no Privilege
^ relbse to be examined before the Privy
^^Jttncil, Countess of Shrewsbury's Case, 2
^ 771,-^fder of the Hoose of Lords in
^984, that ne F«er ^ F«rtia»eat sboild
amwcr any Complaittt tgatost Him in tb«
House of Commons, either in person or by
Counsel without the consent of the House of
Lords, ibid. 1185. — ^A Peer convicted of a
clergyable Felony is a good Witness without
a Pardon or being burned in the Hand^ 13
vol. 1014.'— Resolution of the Hoose of Lords
in 1701 that no Peer of PailiamentinKpeached
of High Crimes and Misdemeanours can be
predikled from voting on any occasion except
on his own Trial, 14 vol. 288.— Act of Psvlia*
ment for the Degradation of a Peer in the
Reign of Edward the Fourt}i,^.voL 169.—
Reference to Statutes consolidating the Eng^
lish and Lish Peerages, 15 vol. 1332.—^
Bishop when pleading his Privil^e must
plead generally that ke is ^* one of uie Peeis
of the Realm,*' having no Letters Patent to
set out, 12 vol. 1194.
PEINE FORT ET DURE.*--See Muge^
Mr. Emlyn says, that &is Proceeding l» m
unnecessary severity in the English Law, £m«
Pref. 1 vol. xxxii.— Lord Coke's Explanation
of the nature of this Proceeding to Richard
Weston, on his refusing to plead to an Indict*
ment for the Murder of Sir Thomas Overbury,
2 vol. 91 3.*- Instance of the inflictien of the
Peine fort et dure, in the Reign ef Henry th«
Sixth, upon a person refusing to plead to an
Indictment for speaking contemptuous Words
of the Ring, 3 voL 3dO. — ^Instances are said
to have occurred in modem times, 30 vol. 767»
828.— The object of the Peine fort et dure
was not to compel a Confession* but to oblige
the |»artyto plead, 30 vol. 695.^ — It was re-i
solved by the Judges in Lord Castlehaven'9
Case, tl^t if a Prisoner stood mute im an
Appeal, he must be hanged, an Appesd not
being within ihe Statute of Westminster, 1
c. 12, 3 vol. 403l--It was also resolved in
that Case, that a Locd of Parliament is within
the Statute, and liable to the Peine fort et
dure if he ief«use to plead, ibid, ib,
PENAL STATUTE.— See Di^^a^ i^w»^.
Danger of leaving the construction or ex«
tension of a Penal Statute to a Judge's Equity,
1 vol. 891. — Discussion on the power of the
King to dispense with a Penal Statute, 11 voL
1187.
PENALTY.
If a Statute direets a Penalty inouvedbif
the eonMOttission of an Office to be divided
between the Sang and the Poor of tlie Pansh»
theKhig oan <mly dispense ^th his tram )^
of the Penalty, 3 vol. 1179.— The Pendty of
Abjuraikioti, applied to Protestant Dissentefl
by tbe Stat. 35 Etiz. was derived from th«
ancient Common-law practice of SanctnarvatMi
Abjnratioo^if the Realm, 15 vol.146.— Wbem
a Statute apponiU « Penalty ibr4enig a thing
iiiuehim naXMmoe Mm, aad dectoie
S24
GENERAL IN^DEX TO
[Mil
how it shall be reoorered, it is to be punidied
by that means^ and no others 16 vol. 1089.
PERJURY.
Chief Justice Scioggs says, in Lord Castle-
maine's Case, that a person convicted of Per-
jary cannot be a Witness, though he is par-
doned, 7 Tol. 1083. — Lord Holt says, in the
Case of Brass Crosby, that after a conviction
for Perjury, a Pardon removes all objection to
the Competency of the Offender as a Witness,
12 vol. 1296. — Mr. Serjeant Hawkins's Re-
marks on the<^rime of Perjury, 20 vol. 1058
(note). — In former times Perjury was punished
with Death, and afterwards with cutting out
the Tongue, 10 vol. 1314. — ^Form of an Indict-
ment for Perjury during the Commonwealth,
5 vol. 335. — ^Form of an Indictment for
Feijury, committed in Evidence given in
the Court of the Lord High Steward, 11 vol.
593 (note). — For Cases of Perjury in the State
Trials, $ee Canning, Elisabeth, 19 vol. 283—
Faulconer, Richai^, 5 vol. 323— Gibbons,
John, 19 vol. 275--Heath, Mary, 18 vol. 1—
Hurly, Patrick, 14 vol. 377— Gates, Titus, 10
vol. 1079— Ward, Sir Patience, 9 vol. 299.
PETER-PENCE.
Peter-pence abolished by the Constitutions
of Clarendcmy 2 vol. 546. •
PETITIONS.— See Petition of Rightt.
The Millenary Petition presented to James
the First in 1604, concerning the Reformation
of the Church, 2 vol. 89. — Petition of Grievances
presented by the Commons to James the First
in 1610, ibid. 519. — History of the Kentish
Petition to the House of Commons in the reign
of William the Third, 14 vol. 895 (note).—
Petition of the Seven Bishops against the De-
claration for Liberty of Conscience, 12 vol.239.
—Algernon Sidney's Petition to the King after
his Trial, 9 vol. 904. — Assertion of the Right of
the People of England to petition the King
against grievances by Mr. Pollexfen and Ser-
jeant Levinz, on the Trial of the Seven Bishops,
12 vol. 371, 392. — ^Argument of Sir William
Williams, in the same Case, that the only proper
mode of petitioning the King against Griev-
ances is in Parliament, ibid. 402 (note), ibid.
403. — The Court disapprove of this Doctrine,
ibid. 407. — Lord Loughborough says, that it is
the undoubted inherent Right of every British
Subject to petition for the passing or repeal of
a Sutute, 21 vol.487 — ^The Statute of Charles
the Second, forbidding more than ten persons,
under a Penalty,, to attend a Petition to the
King or either House of Parliament, is not re-
?ealed by the Bill of Rights, ibid. 646, 649.—
he Act of Settlement passed at the Revolu-
tion, eipressly declares the Right of the Sub-
ject to petition the Crown, 14 vol. 496.— The
Bight of petitioning has belonged to the people
of this Country from ancient times, 33 vol. 74.
—The Right of petitioning necessarily includes
Ahe. Right of discussion, ibid. 84.*-Precedeiits
of Prosecutions for Libels on the Judges, eon*
tained in Petitions to the King against them, 3
vol. 1074.
PETITION OF RIGHTS.
Debates in Parliament previous to the Pe^
tition of Rights, 3 vol.166. — Petition of Rights
proposed to the House of Commons by Sir
Edward Coke, ibid. 188. — ^The Lords propose
an additional clause, ibid. 193. — Tlie Cfom-
mons refuse the additional clause, ibid. 220.—
Reasons of the Commons for refusing the
addition, stated by Mr. St. John at a Free
Conference between the Lords and Commons,
in 1640, on the Subject of the Judgment in the
Case of Ship-Money, ibid. 1270. — ^Debate in
the House of Commons upon the proposed
addition, ibid. 193. — ^The King's evasive
Answer to the Petition, and dissatisfaction of
the Commons thereon, ibid. 224.— The King^s
final Answer, ibid. 230. — ^The Petition of Rigbts
as finally agreed to by the King and both
Houses of Parliament^ ibid. 221.
PETIT TREASON.
A Charge of Petit Treason against one
Person, and of Murder against another, may
be joined in one Indictment, 18 vol. 1193
(note). — Petit Treason and Murder are in law
the same offence, differing only in circumstance
and degree, ibid. 1200. — Remarks of Mr. Jus-
tice Foster upon the proper course to be taken
where a man is indicted for Murder, and the
proof amounts to Petit Treason, ibid. ib. — He
states it as his Opinion that a man may be
convicted of Murder upon an Indictment for
Petit Treason, ibid. ib.
PICKET.
Description of the Punishment so called,
from Grose's Military Antiquities, 30 vol. 481
(note).
PICTURE.
On the Trial of Governor Picton for inflict-
ing the Torture in the Island of Trinidad, a
Picture, describing the mode of the Torture,
was allowed to be shewn to the Jury, in order
to explain the Evidence, 30 vol. 458.
PILLORY.
Mr. Emlyn's Remarks upon the Punishment
of the Pillory, Em. Pref. 1 vol. xxxvi.— Mr.
Barrington's Observations upon the Pillory, 3
vol. 401 (note), 7 vol. 1209 (note). — Form of
the Judgment of the Pillory, 7 vol. 1208 (note).
—Remarks on the Etymology of the Word, 14
vol. 446 (note).— Stat. 56 Geo. 3, c. 13^
abolishing the Pillory, except in certain cases,
22 vol. 358.— Instance of a Man being killed
in the Pillory, 19 vol. 809.
PIRACY.
Trial of several persons in 1693, for ac(iofl[
as Privateeis under a Commiasion from JaiBCi
COimKTi.]
THE STATE TftlALS.
tfae Seoond after his Abdicatien, 12 -vol. 1269.
*— Debate in the Privy Coancil whether the
cooduct of. persons so acting amounted to
Piracy, ibid. ib.«— Opinions in the Negative,
Ibid, ib.y 1272. — Dr. Tindall's Remarks upon
Uiese Opinions^ ibid. 1271 (note). — General
ObserratioDS upon the Crime, of Piracy, 13
Yi^ 454. — Manners seizing the Captain, and
Ibrdbly taking away the Ship, adjudged to be
Piracy, ibid. 478. — ^Foreigners acting under
the Commission of a Foreign Prince at War
inth England, are not Pirates, ibid. 503, 525.
— ^Definition and Description of the Crime of
Piracy, 15 vol. 1234. — For Instances of Trials
for. Piracy in the State Trials, see Bonnet,
Major Stede, 15 vol. 1231 — Dawson, Joseph,
13 vol. 451 — Green, Captain Thomas, 14 vol.
1199 ^Kidd, Captain WilUam, 14 vol. 14^—
Qadcb, Captain John, 14 vol. 1067.
PLANTATIONS.— See Colmy.
Slat. 11 and 12 Will. 3, c. 12, making the
Governors of Plantations liable to answer for
Oppression in the Courts i n England, 1 4 vol. 497.
—-Suggestion that it might be Treason to petition
the House of Commons in the Plantations where
the King governs by Prerogative, ibid. 496.
PLAYS.
Proceedings in the Star-Chamber against
William Prynne and others, for printing and
publishing Histrio-maslix, being a Book written
against Stage-flays, 3 vol. 561.
PLEADING.>--See ^M^en^; DUaioryFlea;
Indictment; Information.
In the Indictment of an Accessary in London
to a Murder committed in Middlesex, it must
be expressly alleged that the Principal com-
mitted the Murder in Middlesex^ and not
merely that he was indicted for it there. Lord
Saoquire's Case, 2 vol. 757. — In favour of life, a
Prisoner, in a capital Case, after a Special Plea
found against him, may plead over Not Guilty,
Sir Henry Vane's Case, 6 vol. 143. — See also
Fitzbarris's Case, 8 vol. 275. — Suggestion that
where a Party pleads a Pardon, and fails to
make it out, he is concluded by it, and cannot
plead over, 4 vol. 1187. — ^Arguments in Fitz-
hairis's Case, that in criminal Cases the Court
has the Ppwer of rejecting an insufficient Plea
in Abatement without putting the Crown to a
Demurrer, 8 vol. 265, &c. — In pleading a
Record, an Averment of its existence gener-
ally is not sufijcient, but the Record itself must
be set oat, ibid. 265. — A Plea of Misnomer in
Abatement by a Peer indicted as a Commoner
may conclude with a general Verification,
and not a Verification per Recordum, Earl of
Banbury's Case, 12 vol. 1192, 1200. — It is
no Objection to such a Plea, setting out a
Patent under the Great Seal, that it does not
expressly state the Defendant to be a Peer of
England, nor that the place from which he takes
his name of Dignity is in England, ibid. 1194,
1199* — ^In Pleading, <' Dominus Rex *' always
VHwa the King of BpgUnd, 13 VQI ??3,—
225
Opinion of |he Judges in the House of Lords,
in Dr. SachieverelVs Case, that in all Indict-
ments or Informations for Crimes by speaking
or writing, the words imputed as criminal,
must be expressly set out, 15 vol. 466. — A Bill
of Pains and Penalties for Treason may be
? leaded in bar to an Indictment for the same
■reason, 16 Vol. 465. — On Indictments or In-
formations for Crimes, the pendency of another
Prosecution for the same Offence cannot be
pleaded, 21 vol. 1048 (note).— Chief Justice
De Grey's Explanation of the different degrees
of Certainty requisite in different kinds of
pleadings, 20 vol. 792. — In Indictments Cer-
tainty to a common intent is not sufficient, 16
vol. 315. — It is not necessary in an Indictment
that the word " that," referring to the present-
ment of the Grand Jury, should be repeated at
every clause of the Charge, Cranburne's Case,
13 vol. 230.— -Discussion in the same Case,
whether in an Indictment for Treason, the
word " Proditori^" must be repeated at every
Overt Act, ibid. ib. — Discussion in Lowick's
Case, respecting the necessity of repeating the
words " then and there,*' at the allegation of
each part of the Charge in the Indictment, ibid.
267.— Of the use of the words " falso et mali-
tiose," in a Declaration, 6 vol. 1113. — ^Lord
Coke's Advice never to demur to a Declaration,
if there be any hopes of the fact, for the matter
of Law will serve as well after Verdict as upon
Demurrer, ibid. 1114. — Qualification of the
Rule that words of restriction in pleading are to
be referred only to the last Antecedent, 13 vol.
1110 (note).— See also 13 vol. 224. — Doubt
expressed by Lord Mansfield and Mr. Justice
BuUer respecting the universality of the Rule,
that if one Count in a Declaration is bad, the
Judgment must be arrested upon the whole,
22 vol. 124. — In an Action for False Imprison-
ment, where the Defendant pleads a Commit-
ment as a Magistrate for a bailable Offence,
the Plaintiff cannot, under the general Repli-
cation of De injt4ridf give in Evidence a tender
and refusal of Bail, 20 vol. 1315.
PLEADINGS.
DECLARAfiONs.-^Declaration in a Special
Action on the Case, by a Candidate at an
Election for Members of Parliament, against
the Sheriff for making a double Return, fiarnar-
diston V. Soame,.6 vol. 1063.— In an Action of
Scandalum Magnatum by the Duke of York
against Dr. Oates, io vol. 129. — In a similar
Action by Lord Macclesfield, 11 vol. 1413. — In
an Action on the Case for a Malicious Arrest
of the Lord Mayor of London, Pritchard v.
Papillon, 10 vol. 322. — In a Special Action on
the Case, by a Burgess against the returning
Officers of a Borough, for refusing the Plaintiff's
Vote at an Election for Members of Parliament,
Ashby r. White, 14 vol. 697. — ^A similar Decla«
ration in the Case of Paty v. White, ibid. 801.
— In Trespass for breaking the Plaintiff^s House,
and seizing Papers, Entick v, Carrington, 19
vol. 1030.
Q
S26
^ENfiHAL tK£>EX TO
i^M^^ffinnJit
jrtd)tg..«.ItidiMiii€Dt of Edward, Duke of
jSo«set8et/for High Treason, in attempting to
«eise the person of the King, to iin{>nsofa th«
Duke of Northttmbeiiand, and to excite an In*
Borrection in London, 1 vol. 516. — ^Of Garnet
lind others for High Treason, in being parties
to the Gunpowder Plot, 2 Yol. 1 59.-^tnfbrfnation
against Sir John Elliott and others for seditious
Speeches in the House of Cotnmons, 3 vol. ^20.
-—Indictment of Miles Sindercome for High
Treas(^, in conspiring to Murder the Lord Pro-
tector, 6 vol. 644.— Of Twyn and others for High
IVeason, in publishing a Seditiotls and Treasons-
able Book,d vol.514.— Of EdwardColeman for
High Treason, in being concerned in the Popish
Plot, T vol. 3.— Of Whitebread and others for
being concerned in thesamePlot, ibid. 81 .-^See
idso 10 vol. 1083, 1229.—- Of Richard Lahghorn
for being concerned in the Popish Plot, 7 vol.
41 r.— For other Indictments for High Treason,
Arising out of the Popish Plot, see ^ vol. 592,
960, 1161, 8 vol. 501, 567.— Of Charles Kerne
for High Treason, on the Stat. 2^ Eliz. c. 5, for
remaining within the Realm as a Seminary
Priest, 7 vol. 707.— Other Indictments on the
Statute of Eliz. 7 vol. 721, 725, 815, 8 vol.
525.— Of Elizabeth Cellicr for High Treason,
in being cdncerned in the Meal-Tub Plot, 7
vol. 1043.— Of Roger Palmer, Earl of Castle-
inaine, for being concerned in the same Plot,
ibid. 1067.— Of Thomas Walcot for High
Treason, in being concerned in the Rye-Housd
Plot, 9 vol. 519, 562.— Of William, Lord Rus-
sell, for being concerned in the same Plot, ibid.
i578.^— Of Algernon Sidney for the same Treason^
ibid. 817.-^Of Dr. Oliver Plunket for High
Treason, in conspiring to overthrow the Govern^
ment in Ireland, 8 vol. 451. — Of Joseph Hayes
for High Treason, in corresponding with an
outlawed Traitor, 10vol. 309 (note). — Of Lady
Alice Lisle for High Treason, in harbouring
Traitors, 11 vol. 297;-^Other Indictments for
the same Offence, ibid. 388, 385, 388. — Of
John Hampden for High Treason, in being
concerned in the Duke of Monmouth's Rebel-"
lion, 11 vol. 480, 485.— Of Lord Delamere for
being concerned in the ssime Rebellion, 11 vol.
516.— Of Lord Preston for High Treason, in
carrying on a correspondetice witli the French
Goverttraerit, for the purpose of bringing in the
Pretehderj 12 vol. 646.— Of Charnock, King,
and Keyes, -for High Treason, in being con-
cerned in the Assassination Plot, 12 vol.1379.
—Other Indictments of persons concerned in
the Assassination Plot, 13 vol. 3, 66, 139, 345.
•^-Of James Boucher for High Treason, on the
Stat. 9 Will. 3, for going into Frarice and re-
turning into England without a Licence from*
the King, 14 vol. 983 (not e).--Of David Lind«
»ay for the same Offence, ibid. 988 (note);^-^
Of Daniel Dammaree for High Treason, in
Levjring War against the Queen, by engaging
in a tumultuous- Assembly for the purpose of
pulling down Meeting-Houses, 15 vol. 524.—
A similar Indictment against Purchase, ibid.
691, 695.— Of Francis Francia for High
TtfeatfOH m coti^esponding with Fraii^ for the
purpose 6f bringing in the Pletetider^ ibid. 90^.
«-M3f Johii Matthews for High Treason tHi the
Stat. 6 Ann, f(^r wfttinf a Book asi^erttd^ tte
title of the Pt'etender to the CroVm of En^abd,
ibid. 1834.-^f Christopher Layer for Iti|;h
Treason, ih conspiring to bring ih the P)^
tender, 16 vol. 94.— Of Fiends ToWnUy fot
High Treason, in being concerned in the A^-
bellion of 1745, 18 vol. 833.**-Of LoidGwrge
Gordon for High Treason, in instigatii^ ^
Nofc.Popery Riots in London in 1780^ tl vol,
494.— Of t>e la Motte for cbtresponding ^ith
the Ftinch GoteWment lA tini« of War, ibid.
687.*-Of [David Tyrie for a similar Trfeftsbn.
ibid. 850.--Of Hardy, Hortie tooke^ abd
others, for High Treaison, in edtiSpiring to
overthrow the Government, 24 ynAi ii%.>^
Other Indicttn^nts for similar Charges in tke
Cases of Stone and Crossfield, 25 vol. 1156, M
vol. 3. — Of Weldon for High Treason, in pro-
moting the tbsurrection of the Defenders in
Ireland, 26 Vol. 230.^Of other pfefsoilS for
the same Treason, ibid. 295, 355.— Of Patria
Finney in Ireland for High Treasbh, in c(^
responding with the French Govertitnetit in
titne of War, for the purpose of prochiang an
Invasion of the Realm, 26 vol. iOl9»-*Df Wil-
liam Jackson for the same Treason, 25 vol. 785.
— Of O'Coigly, O'Connor, and others, for High
Treason, in correspbnding with the FreMh
Governmeut, and encouraging an Invasion, ^6
vol. 1204.— Of Hetity arid John She'afes toi
High Treason, iti bdrig Concerned in the liM
Rebellion, 27 vol. 257.— Other Indietmests
for the same Treason, ibid. 399, 455, 52^.— Of
Hadfield for High Treason, in shooting at the
King, 27 vol* 1 283. *-*Of Colonel Desp&rd for
High Treason, in cohspiring to kill the Kifig
and overthrow the Govemh)ent> 28 tol. 359.«**
Of Kearney for High Treason^ in being tW-
cemed in the Irish Insurrection, ibid. 692.—
Other similar Indictments, ibid. 758, 775,805,
887, 925, 1042, 1069, 1098, 1184j 1239, 18f!.
-^Of Watson and others fo* High Treason, in
being concerned iti ati Insurrection to dVerthrow
the Government, 32 vol. 1 0.-»-Of Brandrfeth aftd
others for High Treason, in beifig concerned in
the Luddite Insurrectiotij 32 vol. 755.— Of
Thistlewood and others for lligh Treason, in
being concerned in the Cato>Street Plot, 33 tot.
697.— Of Swati and Jefferies for Petit Treasftn
and Murder, l8 vol. 1194.— Of Lord Sanqaiite
for being accessary before the fact to a Murder,
2 Vol. 744.— Of Philip, EArl of Pertbiok^j ftr
Murder, by beating and kicking, 6 vol. 1340.
"*-Of Green and others for the Mtird^r of Sir
Edmoddbnry Godfrey^ 7 voL 159.— Of SamWl
Atkins for being accessary to the iitttee Muitier,
ibid. 231 .--Of Count Coningsihatk and otli€n
fbr Murder, 9 vol. 9,-^0^ Rowland Wttlt«8
and others for Murder, In stabbing A Gehtit'
tnan in a Brawl, 12 voL 113.— -OftHeary flfi*-
risott for Murd«r^ by strangling Mih ft Hand*
kerchief twisted roUiid a Coal, 12 vof. BBi*-^
Of Lord Mehtlii for MardeT^ by ^tabbkig, ibid.
956.^0f the Earl o^ Bioibury' tut Murder,
im, il§7i^^f thii ^1 of WifM^cK iiid UlA
CMMMMtj
TflE STATfi TRIAtl.
Silt
M<ibilii fof Murdef in at)uCr1, 13 tol. 945.-^
Of SpeR6«r CoWp^r and dtti6f!9 fof Mutter, hf
itffwnhiQ^ ibid. ilO^.-*»Of Captaifi William
Kidd fof Mlitd!^, by §tftking With a Backet,
14 vol. ilO.^Of R6asd& dud Tranter for
Minder, dnati Arrest, Id yoL 1.— Of Johti
Oittfby fbt Mtirdif Irjr itabbingj It vol. 59."-
Of Jo&fi ttoggitM, ft daol&r, fbr Murder, by
enififilnl a Prisotieif iti an btiwhdlesdtn)^ RdotH.
ittd thereby imaihg his Death, ibid. dn.M-Ot
G^tifft G«od6f (; and MahdfiV fcH* Mtttder, by
fithiflj^fn^ on bodtd a ship, 17 tol. 10O3.-^Cif
JSffli69 AilAMley tiiid J6«eph Redding for
Mtttd«r, ibid. 1094.^~^f Wtn. Ohfttw/fid A)r
Mttfdef, b¥ itabbltig With a Roife, 13 vol.
«W)*»^Of Wflii jaeksofi and othfets for Murder,
bf ttftuipinj With a Rol>e, 18 Vol. lOTS.-^Of
Maty Blafi^ fbr the Murder of her Father by
fo&mti, ibidj illf.— <)f J^ft Stevetisoti ifor
Marder, by ahooting with a Gurt, 19 tol. 845.
M3f Lawrence, Earl Fwrers, for Murder, by
AlKMfihg: "iHth ft Piitol^ ibid. d9i.^-^f William,
Lcrtd £$tdfi^ for Murder, b)r stabbing with t
msfA iQ & Duei^ ibid. iiao.<^Of Goternor
Wall for Murder, by <l6gging a Soldt«rr under
his C««tttt&fid ifi the ISlaUd of Goree, 29 vo).
1438.-^Of Kiudh aud atiOthe^ fbr Miirdet, by
IftOdfittg iU Ireland, ^8 TOh 6l9.^0f Lbrd
AttdKfy for a Rtt»«j 3 vol. 4oe.^Of the matifte
Ibr SddoiBy, Ibid. 4dr.-^0f Mal*y Meyder^ for
Bfgimyi « Voii tTB.-'MJf Robert Feilding for
^e ifttfib Offtooe, 14 vol. lS2B.^Of the
mhinis of Kingston for the SaiAe Offenee, iO
wrt, 8d9.^0f Colottel ftirner fer a BurgMry,
i Tdl. a6d.^^-0f Bk)ben Hftwkind Ibr Larceny,
ihii. 9SS.'^0f Dawijott and others for Piracy,
13 tell 4lr&.-^0f Captaiti Vdu^aA fdr ihe
tenre Ofefree. ilbid. 4^^ 489 (nOte).^Of €fkp^
VAn HM km otbini fbr the sAme Ofreflte^ 14
vd. I4f ^-^-Of Gddiifirg Hftd Others far feloniously
dMtying It Ihip M Sell With ititettt to defraud
tile Und^Mrrit^rsi 2d foh leo.-^^Of Mary
Il8»er for F9^ry of k Boud^ Id vtrl. 1^49.-^
or WiUlltffl Hales fbir n Miadem&a&otir kx
QmtiM^ttAmf fbr forginf « Promissory If df e,
IT Vol. i62.--Of titfiothy Murphy for the
ibrgery df a WiU| 19 Vol. 694.^0f Nuitdaco-
1^ for Hie Forgefjf of a Persian Bmid ih Itidia,
90 vol. 925.-^Of JbhU LilbUm for feiotlidasly
tiiB&i^iig ih lln|l&fid after his Banishmeht by
A«i <yf Pa^tiamenf^ 5 vol« 487«-^Of Haagefi
Swindseti fer Fdony Ufider tbe Stat« Heti< 7,
fer the t^ttihk Marriage of ati Heiress, 14 vol.
H^^Oi Goite aftd Wc^buriie on the Co-
^6iry Aat (m maliciously cutting, 16 vdl. 55.
MSIf Bdwiid Aruoid, Ufi ihe HftckAct^fbr
tttti^eusiy irtioOting m IM& OU§loW, ibidi 695.
*^f Witfiini ftftmiird Oil the Black Act tor
«MMig B Lmitt With % lletifidUd liHiue^ <k».
ttafidibg ft PfOVieiOfi td be tu&de lof hiin, 1^
Hfl. 815<-^Of iktmii Aitltefl ftir dettitig ^ii^ to
t^rtofthe PortsftOUth DdCk^Yard^ 20 Vol.
Idir.^'MK Mejoi f aaMfifr fbt P^nty ift his
&4defi«« before the GoitiiUiftsitmers t>r
fetttttfifiig Ibe Smtea of Delii^^tli and
Poptol RMistatftdufiAg th8 G<H6moiiweaith,
^ vek tt4^ I46i««0f OMIINl PelJI»y Ift M
Bvideute on severd Trials ari^g out of the
Popish Plot J 10 vol. 1085S.— Of Mary Heath
for Perjury, on the Trial of an Action of Eject-
ment in Ireland, 18 vol. 46.— Of Gibbons and
others (the Abbotsbtrry Witnesses) for Perjury
in their Evidence fot the Prisoners oti a Trial
fbr Felouy, 19> vol. 2rr.--0f Elizabeth Can*
ning for Perjafy in her Evideuce for the Pro-
secution on a Trial for Fdony, 19 vol. 286.—
Znfortnaelon agaiusit tieury Carr for a Libel on
the Oovemmeut and the Adtninistratiou of
Justice, t vol. 1 111.— Indictment of EliJ&abeth
Cellier fbr ^ Libel iii & Book respecting het
Trial for being itoplicated iU the Meal-Ttib
Plot, ibid. ll83.^Ini6rMatioii against Richard
Baxter for a Libel on the Bishops, il vol. 493.
"^Ag&inst the Seveti Bishops for 'a Seditious
Libel, 12 vol. 230.«»AgaittstSfr Wns. Williams
F6r a Libel upon the Duke 6f York by the pub*
lication of Dangerfield's Narrative, 13 Vol.
1369.— Against William Puller for a Libel on
the Government in certain fictitious LetteriSi,
14 vol. 526 (ubte).^Agaiust John Tutchiu for
a Libel on the Government id a Periodical
Paper, ibid. 1095.--AgailiSt William Oweft
tbr a Libel ofi the House of Commons, con-
tained iti Remarks Upon the Cdttimitmetit of a
person for Coutempt, 18 vol. 1204.— Agaiust
Wilkes ibr a Libel on the fting, in Remarks oft
his Speech in Parliameut, 19 vol. 1382. —
Against Hotne Tooke for a Libel on the
Govcrnmettt and the TroOps employed in New
England, 20 vol. 651 i-=-Against Johu Almoti
for publishing Junius's Letter to the King,
ibid. 803.---Of the t)eaU of St. Adaph for pub-
lishing l^ir William Joue^'s dialogue betWeeb
a Gentlemau and a Farmer, 21 Vol. ^76.—
Against Lord George Gordon f6r a Libel on
the Judges and the Administration of Justice^
d2 Vol. lt5.«^A gainst the same person for a
Libel on the QueeU of Frauce and the french
Ambassador, ft2 vol. 214.-*^Agaitist Stockdale
for a Libel 6n the House of Commons cou-
taltied in a Review of the Charges against
Warren Hastings, 23 vol. 2S^.— -Against Paine
ibr a Seditious Libel in the Rights of Man, 22
vol. 357.-^Against Eaton fbr publishing the
Secoud Part of the Rights of Man, 22 vol. 754.
^^ Against the 'same person for publishing
Paiue*s '< Letter td the Addressers on thelat^
Proclamation,''' 22 vol. t85.— Against Perry
and others for a Libet mi the Govemmem in
the Momi^ Chronicle^ 22 vol. 958.— Against
Hamilton Rowan for a Seditious Libel in an
Address to the Votuuteer^ of Ireland, 22 voU
lOS^ir'^Indictmeht of Eaton for a Libel on the
King, 2S vol. 10l4.*^Information against Johm
Reeves fbr a Libel dn the Euglish Constitution,
26 vol. 529.^Indictmeut of Thomas Williams
ibr publishing a blasphemous Libel, 26 Vol
656.— Of Peter Finerty for a seditious Libel re-
specting the Trial and ExeeutiOto of William Orr
in Ireland, 26 Vol. 9d3.'^In!brmation against
Vint and others for a libel On the Emperor of
Russia, S7 vol. 62t.**-Indictment of Cuthell
fbr a Libel, iu publishiug a Pamphlet written
by OiibertWAefirfdi 27 t0l, 641,*-Informi^
31^
GENERAL INDEX TO
[UieCNA'
tion against Gilbert Wakefield for the same
libel, ibid. 679.— Information against Peltier
for a Libel on the First Consul of the Frencji
Republic, 28 vol. 530. — Against Cobbett for
libels on the Lord Lieutenant and other High
Officers in Ireland^ 29 vol. 2.— -Indictment of
Mr. Justice Johnson for a libel on the same
persons, 29 vol. 359.— Information against
Colonel Draper for a libel on Mr. Sullivan,
arising out of Governor Picton's Prosecution^
30 vol. 980. — Indictment of the same person
for a Libel on Colonel FuUarton, arising out of
the same circumstances, 30 vol. 1347. — ^Inform-
ation against Hart and White for Libels on Mr.
Justice Le Blanc and the Administration of
7ustice> in Remarks on a Trial in the Admiralty
Court, 30 vol. 1131. — Information against
Lambert and Perry for a libel on the King in
the Morning Chronicle, 31 vol. 336. — Against
Fitzpatrick for a libel on the Duke of Rich-
mond, Lord Lieutenant of Ireland, 31 vol.
1169. — Indictment of Hatchard for a Libel on
the Aides de Camp of the Governor of Antigua
in a Report of the African Institution, 32 vol.
674. — Of Thomas Harrison for insulting Mr.
Justice Hutton in the Court of Common Pleas,
3 vol. 1369, 1371.— Of John Crook and others
for refusing to take the Oaths of Allegiance
and Supremacy, 6 vol. 212 (note).— Of Read-
ing for attempting to suppress Evidence on the
Trials for the Popish Plot, 7 vol. 262.— Of
Knox and Lane for a Conspiracy to disparage
the Evidence of the Popish Plot, 7 vol. 763. —
Of Sir Samuel Barnard iston for disparaging the
Rye-House Plot, 9 vol. 1336.— Or John Giles
for an attempt to murder, 7 vol. 1130. — Of
Glennan and others for a Conspiracy to
murder John Hanloo, 26 vol. 438.'-~Of James
Dunn and others for conspiring to murder
Lord Carharapton, 26 vol. 839.— Of Lord Grey
de Werk for a Conspiracy to debauch Lady
Henrietta Berkeley, 9 vol. 129 (note).— Of
Thomas Pilkington and others for a Riot at a
Common Hall in the City of London, called
for the purpose of electing Sheriffs, 9 vol. 219,
and ibid. ib. (note). — Information against
iSacheverell and others for a Riot at the Elec-
tion of a Mayor at Nottingham, 10 vol. 31. —
Information against Lord Thanet and others
for a Riot, and attempting to rescue a Prisoner
in a Court of Justice, 27 voL 822. — Indict-
ment of Benjamin Leech for slandering the
Election of Sir Dudley North and Sir Peter
Rich as Sheriffs of London, 9 vol. 354. — In-
formation against Forth for slandering the
Verdict of the Jury in the Case of Algernon
Sidney, 9 vol, 896 (note).— Indictment of
John Hampden for a treasonable Conspiracy,
9 vol.1 056 (note). — Information againstCharles,
£arl of Macclesfield, for a Treasonable Con-
spiracy, 10 vol. 1416.— Of Thomas Walker
and others for a Conspiracy to overthrow the
Government, 23 vol. 1055.— Of James Bird
and others for a Conspiracy to excite an In-
isurrection in Ireland, 25 vol. 749.--Of Henry
Redhead Yorke for a treasonable iConspiracy,
i^ tqI. ;lQQ4,-^f ^raddpu mi Speke
for a • Conspiracy to spread false Reports
about the Death of the Earl of Essev ^ vol-
1129.T-Of Denew and others for an As-
saulty and a Conspiracy to incite a person to
fight a Duel, 14 voU 896.— Of Rosewell for
Treasonable Words spoken at a Conventicle,
10 vol. 149. — Information against John Frost
for Seditious Words, 22 vol. 471. — Indictment
of Briellat for the same offence, ibid. 909. —
Of John Binns for a similar offence, 26 vol.
595. — ^Information ^ed by the Solicitor Ge-
neral against William, Earl of Devonshire, for
an Assault and Challenge in the King's Palace,
11 voL 1353 (note).— Information against
Hathaway for a Cheat, in pretending to be
bewitched, 14 vol. 641 . — Indictment of William
Hendley for unlawfully collecting Money for
Charities without legal authority, 15 vol. 1409.
— Information against Smith and Brande HoIUs
for Bribery at the Hindoo Election, 20 vol
1227. — ^Against Stratton and others for de-
posing Lord Pigot, the Governor at Madras, 21
vol. 1049.—- Indictment of Sir. Thomas Ficton
for a Misdemeanour in inflicting the Torture on
a Woman in the Island of Trinidad, . 30 vol.
227. — Of Joseph Hanson for assisting the
Weavers of Manchester, in a Conspiracy to
raise their Wages, 31 vol. 2. — Information
against Bembridge for neglect of duty as
Accountant in the Paymaster-GeneraPs Office,
22 vol. 1 5. — ^Against Michael and John Hedges
for Frauds upon Government in the Woolwich
Dock Yard, 28, vol. 1315.— Against Alexander
Davison for Frauds on Government in the pur-
chase of Barrack Stores, 31 vol. 99. — ^Indict-
ment of Valentine Jones for Frauds upon
Government in the Office of Commissaiy
General in the West Indies, 31 vol. 251 .—Of
Dr. Sheridan and others for Misdemeanouis
under the Irish Convention Act, 31 vol. 638.
Pleas and Replications. — Plea in Abate-
ment to an Indictment for Treason, that an
Impeachment for the same Treason is depend-
ing in Parliament, 8 vol. 251. — ^Plea in Abate-
ment to an Indictment for a Misdemeanour,
that the Grand Jury who found the Billy were
returned by persons who had no title to be
Sheriffs, 9 vol. 355. — Plea in Abatement in the
Earl of Banbury's Case, that he is a Peer of
the Realm^ and indicted as a Commoner, 12
vol. 1168.— Replication that he had petitioned
the House of Lords for a Trial • by his Peers,
but his Petition had been rejected, ibid. 1170.
— Plea of Justification in an Action for seiziog
Papers, &c. under . a Warrant from the Seere*
tary of State, 19 vol. 1030.--Plea in Abate-
ment to an Indictment in England, that the
^Defendant was resident in Ireland at the time
of the supposed Offence, and ought to be tried
there, 29 vol. 385.— Plea in Abatement to as
Indictment, that one of the Grand Jury who
found the Bill, is an Alien, 27 vol. 267.— R**
plication thereto that he had taken the Oath of
Allegiance and Supremacy, ibid. 268.— Pies
in Abatement to an Indictment that several ci
the Grand Jury who found the Bill, held offices
tmdey the Crpwuj ax vqK ^►TO.'^Pl^si in Abate
CoHtsJnte.] THE ST A
jDent to an Indictment in Dublin that one of
the Grand Jaiy had no freehold within the
City, ibid* 577.
Quo Wabbanto. — Pleadings on an Inform-
ation in the nature of a Qao Warranto against
the City of London, 8 vol. 1287.~Information
in the nature of a Quo Warranto against the
Mayor, Jurats, and Commonalty of Hastings,
17 YoL 845.
PLOTS.
See Atsamnation Plot—Cato-Street Flot-^Gun-
powder Plot— Meal-Tub Flot-^Fopkh Flat---
Rye-Eoiae Flot.
Sir Edward Coke's Ateount of the Popish
Plots in the Reign of Queen Elizabeth, 2 voL 223.
POISON.--See Wettony Bkhard.
By Stat 22 Hen. 8, c. 9, wilful Poisoners
were to be boiled to death, 2 vol. 911.— By
Sm. 1 Edw. 6, c. 12, it was enacted that the
villbl Poisoning of any person should be
adjudged Murder, 17 toI. 62. — ^Entry of the
▼eidict of Felo de Se, on a Coroner's Inquest
where the death was occasioned by inhaling
poisoned Powder through the nose, 5 vol. 858.
— ^Dr. Black's Account of the usual Symptoms
of poisoning by Arsenic, extracted from his
L^iftiires on Chemistry, 18 vol. 1140 (note).
ri! T&IA'LS.
229
1225i — ^Mr. Hume's Description of the general
Panic which prevailed at the time of the Plot,
26 vol. 99.— For Trials of Persons connected
with the Plot, see Anderson, Lionel, 7 vol. 811
•—Atkins, Samuel, 7 vol. 231—- Brommicb,
Andrew, 7 vol. 715— Coleman, Edward, 7 vol.
1— Fitzharris, Edward, 8 vol. 223 — Gascoigne,
Sir Thomas, 7 vol. 959— <^reen, Robert, 7 vol.
159— Ireland, William, 7 vol. 79— Langhorn,
Richard, 7 vol. 417— Stafford, William, Vis«
count, 7 vol. 1217.— Stapletoi), Sir Miles, 8
vol. 501— Stayley, William, 6 vol. 1501—
Thwing, Thomas, 7 vol. 1161— Wakeman, Sir
George, 7 vol. 491— Whitebread, Thomas, 7
vol. 311.
POPULARITY.
Lord Bacon says, that ** a popular Judge is
a deformed thing," 19 vol. 1112 (note). — ^Lord
Mansfield's Notion of the Popularity to be de-
sired by % public Character, ibid. 1112, 1403.
POLYGAMY..-^ee Bigamy.
POPERY.
Review of the ancient Statutes against the
interference of the Pope in England, 2 vol.
537. — The Pope had no Jurisdiction in Eng-
land before the Conquest, ibid. 541. — Histoiy
of the Introduction of Popery into England,
ibid. ib«. — ^Account of the origin of the quarrel
between King John and the Pope, ibid. 548.
—History of the encroachments of the Papal
Power in England in early times, ibid, ib.—
Summary of the Statutes in force respecting
the not making the Declaration against Popery,
6 vol. 201 (note). — Animadversions on some
of the principal Doctrines of Popery, 7 vol.
543.— Remarks on the Popish Doctrines of
Equivocation and Mental Reservation, ibid.
545, 557.
POPISH PLOT.— See Bedloe, William;
BobvUf Robert; Chtes, TUut,
Introduction to the Trials for the Popish
Pk>t, 6 vol. 1401. — Reference to various works
illustrating the History of the Plot, ibid. ib. —
Mr. Fox's Reflections upon it, ibid. 1402. —
Mr. joxs itenectjonsupon it, i ma. 1402.— (note).— It is no Argument against the existence
Diyden's Notice of the Plot in Absalom and ^f ^ Power, that it is liable to be abused, for
Achitophel, ibid. 1404— Burnet's Account of ^U Power is accompanied by a trust, 10 vol.
the Popish Plot, ibid. 1405. — His general
Reflections upon the Evidence of the Plot,
ibid. 1428« — Oates's Narrative, ibid. 1429. —
Bedloe's Examination respecting the Popish
Plot, taken at Bristol by Lord North, ibid.
1493. — Curious Extracts from Lord Keeper
North's MSS. respecting the Plot, ibid. 1497.—
Examinations and Informations respecting it
cdmmuincated to the House of Lpidsi 7 vol*
PORTS.— See Lnpotkunu; Stup-Money.
Of the qualification with which the proposi-
tion that the Ports of the Realm belong to the
King, is to be understood, 2 vol. 474. — Argu-
ment of Mr. Yelverton in the Great Case of
Impositions, that the King is only intrusted
I with the Custody of the Ports for the benefit
of the People, but not for the purpose of in-
creasing his Revenue by laying Imposts upon
Merchandize, ibid. 513.
POSTNATL
The Case of the Postnati, 6 Jac. 1, 1608, 2
vol. 559.— Mr. Hargrave's Introductory Note
to the Case, ibid. ib. — Moore's Report of tlie
Proceedings in Parliament respecting the
Postnati, ibid. 561. — Conference of Com->
mittees of the Houses of Lords and Commons
on the Subject, ibid. 562.— The Judges deliver
their Opinion that the Postnati were natural
born Subjects, ibid. 568.— Mr. Justice Walmes-
ley dissents, ibid. 576. — Arguments of Lord
Bacon for the Postnati in the Exchequer
Chamber, ibid. 575.— Lord Coke's Report of
the Case, ibid. 607. — Lord Chancellor Elles-
mere^s Speech in the Exchequer Chamber, it)
the Case of the Postnati, ibid. 659.
POWDER PLOT.— See Gunpowder Flot.
POWER.
Illustrations of the prevalence of an Opinion
amongst Persons possessed of Power, that they
may safely be intrusted with it, 8 vol. 38
accomps
407. — Necessity of imposing Restraints upon
political Power, 17 vol. 721. — Danger of in-
trusting Judges vrith discretionary Power^ 8
vol. 56 (note).
PRACTICE.
After the Court has delivered an opinion, it
is irregular for Counsel' to argue further, 10
vol. ll86««»Discu«8ion in the Caseof theSerea
080
aBMTSHAl IVDEX TO
ZUmcmtx^
, , whether % ptrty CM> be chwged with
^D IndictmeBt or iBfonnatm io ^ Court of
King's Bdneh, uoless he is brougrht ioto Court
Ibf that }>Qrpoae Vf regulftf Process, 12 Tol.
9(Ml.*~«Iii orimiDal Cues, whi)» A Pefeodaot is
brought into the Court of liing's Bedeh in
Castodjr, or upon » Qecognixance, he must
plead presently, and is not entitled to an Im«
parlance, Ibid. 242, 24r,»Tr-The Copy of the Jury
Panel required hy the Statute of Will. 3, to be
delivered to persons accused of High Treason*
maybe delivered before the Jletqm of the Venire
faciss, Rodfcwoed'sCase, 13 vol.il ^^-^Method
of procuring the list of the Jury irpm the Sheriff
adopted in the Case of Lord George Gordon*
21 vol, 648/— Under the Statute of Will. 3, the
proper time to take objections to an Indictment
for Treason' is before Plea^ and before the Junr
are sworn and eharged. Ibid. 161, 168, 223^It
was formerly net the practice to quash IndioU
meats for Murder, Perjury, or other great
Crimes, upon motion, but to leave the partvto
ipove in arrest of Juagment, ibid, 168, 223. —
On a Conviction on a Trial at Bar in the Court
of King*s Bench, whether by Confession or Ver^
diet, the Prisoner has four ftill days to move in
arrest of Judgment, ibid. 403.— DiffiBrence fn
practice respecting the Jury Process under a
Commission of Oyer and Terminer, and a Com-
mission of Gaol Delivery, ibid. 326,--Practice
oftheCouft of King's Bench respeeting Rules to
plead and join in Demurrer in Criminal Cases,
16 vol. 116.— The Court will gramt no indul*
gence in favopr of a Pilsitory Plea, Layer's
Case, ibid. 123.— The Court will assist the
prisoner in points of Law when they appear,
but ^iU not assist him with fi^ts to make points
of Law, ibid. 304.— Ir a criminal Trial at Bar,
where the Venire in returnable on the first
general Return of the Term, the appearance
day for the Jury is the gmrto die past, but the
Court may adjourn the Jury to any day before
the next Return, without an entry on Record
of such A<iiournment,i and it will not be a Dis-
continuance, Lfiyer's Case, ibid. 307. — ^The
practice of Courts respecting the granting IJew
Trials in Capital Cases, on the ground of ex-
cessive Damages, declared by the Court of
Common Pleas in delivering their Judgment
in the Case of Fabrijjas v- Mostyn, 20yol. 175.
<^A Defendant convicted on a criminal Prose-
cution cannot move fqv a New Trial after the
first fow day« of the ne«t Term, HoU's Case,
2a vol, 1206 (note).r-rBut if it appear to the
Court ^t ^ny time that injustice has been done
by th(| Veroi
a new Trial,
lags in the I^n^'s Bench by Bill, and >n
Criminal tnforieations and Indictments origif
naUy found in the King's Benph| the Process
is returnable on a day certain; but if an
Indictment is removed into the king's Bench
by Certiorari, it is returnable on a common
day, and not eh a day certain, Tutchin's
Case, 14 Tol, lia).«-T.Diseus9ion iu Tutchin's
Case, whether a clerieal Rrror in the Teite
of a Distringas Corpora Juratorom may be
amended by the Court after Vardidy ibi^.
1135.^The Court^of Klug's Bench are equally
divided in Opinion upon the Subject, ibid.
1 187.«^ACrirainal Information may be M»end-
ed at any time, but not an Indictment, 9 ¥ol.
1366 (note).— See also 19 vol. llip.-^The
Amendment of a Plea in Abatement to an In*
dictraent for Murder allowed by the Coart be-
fore it was entered of Record, against the
Opinion of Lord Holt, £arl of Banbury's Case,
12 vol. 1190.— The Statute of Anne, requiring
an Affidavit of the matter stated in a Plea in
Abatement, extends to alt criminal Casee| ex-
cepting a Trial at Bar, 18 vol. 3M (note).-
gee aluo 27 vol. 867, and 31 vol. 177 (note),—
Arguvoent of Mr. Feekhem in H^a Ctm ^
Fabrigas t;. Mostyn, that after an Impariance,
the Jurisdiction of the Court cannot be dis-
puted by the Defendant, 80 vol 20a.— Be-
narks o« the practioe of Courts in receiving
A0idavits in Aggfe.veti9& (tod Mitigation of
Punisbinent after Verdict, $2 vqU 1105 (note).
^General Rules by which the prMtiea of
Court! m putting off oriq^inal Tiigls at the sug-
gestion pf Pefei»da»te oq the ground ef the ab^
eeo^e of Witnessest is regulated* 96 vol* loaa.
PRiEMUNIRE.
Proceedings Rgain^t Robert liglor on ths
Stat. 16 Ric. 2, c. 5, for procuring Bulls from
Rome, commonly called the Case of Prvmu-
nire in Ireland, 4 Jac 1607, 2 vol. 553.— Ac-
count of a Pnemunire, and of the meaning and
origin of the tern, 6 vol. 310 (note)*
PRMMBtE,
Remarks and References on thee^R^t of tbf
preamble, in explaining the meaning da
Statute, 14 vol. 1011 (note).««'Argumeots is
Mr. Justice Johnson's Case respecting tht
extent to which the Preamble may control the
enacting part of a altatute, 29 vo), 118.
PRECEDENCE,
Mr. Justice Blackstone's Table of Piicedencf
amongst Pleaders in Courts of Justice, 3 ro).
880 (note).
PRECEDENTS.— See Fleadinp,
Precedents said to be of the same authority
as Gases, 3 vol. 58. — Precedents are net good
directors unless they be judicial, ibid. 303.—
Precedents against reason only shew that the
like injustice has been done before, 6 voK t^Sl.
^ ^ — Chief Justice Vfeiughan says in Bushell'sCsMt
ict, they will interpose and grant I that in Cases which depend upon fundamental
, ibid, lb.— 'In all civil Proceed- principles, Millions ofPrecedenti are to no pW'
xr:>-.»„ T> — X. u„ n:ii „«j ;« pose, avol.78(note).— LofdCamdensayiiotb*
Case of Wilkes v. Wood, that Preoedents sre
po Justification of a practice in itself illegal)
and contrary to the fundamental princii^ei of
Justice, 19 vqI, 1167,— Precedent! reipectisf
the allowance of Counsel to a Peer oa hii
Trial on an Impeachment for MisdemeanQe^
6 vol, 797.'^Precedentsre8peoting the metbod
ofproeeedingby the House of Cords agwjttl
persons impeaohed by the Commons lor Mi**
CounM.^
demeanoars^ ibi4« Q75. -^Precedents respecting
ttesMwaar of proceeding in tlie House of Lords
on Impeachments^ aa reported to the House in
1701, 14 yol* 279^ — Precedents of the manner
of deliyering Articles, of Impeachment by the
Commons^ ibid. 275. — Preoedents of tiie Im^
pnaoQooteAi of Members of the House of Com-
noas^ when impeached in Parliament, 8 vol,
154* — Report made to the House of Lords in
Sir Adam Blair^s Case of Precedents of Im*
peachments from the Journals and Records in
the Tower, 12 toI. 1218,^Precedents of Pro-
secutions ^r Cowaxdice and neglect of duty in
GoYeniors of Towns and Castles, 4 vol. 298.
^-Preoedents r^ating to the Liberty of the
Sn)9flct, a ToK 109.^Precedents of the Claim
and RecognitiQn of tHe paif er of the House of
Commona to ooinmit for Breach of Privilege^
8 yqI. 27. — Precedents of Punishments in*
flicted by the House of Commons for Breach
ofPriTil^^ ibid. 61 .-^Precedents to show that
irhere a Party does not plead to the Jurisdic-
tion of the Court, it is usual for the. Court to
nroceed, though in Cases not within its Juris^
auction, Q yd, 730. — Precedents of Proceed-
ings against peryons for insulting Judges, 3
▼oK 1375,
PRECEPT.
Precept to the Lieutenant of the T^er to
hriog the body of a Peer in his. Custody to the
Court of the Lord High Steward, 6 vol. 774.—
Precept to the Serjeant at Arms to summon
the Peers to a Trial in the Court of the Lord
High Steward, ibid. ib.-^Precept to the Lieu-
tenant of the Tower in the Ca^e of Earl Ferrers,
to deliver a Prisoner to the Sherifs for i(^Qa-
tion, 19 vol* 974.
PRECOGNITIONS.
Mr. Hume's Account of the practice of the-
Scotch Law respecting taking Precognitions or
laminations previous to 'Drial, in Criminal
Cases, 10 vol. 782 (note).
PREFACES.
Preface to the tot Edition of the State
Trials, lv;Mr. Salmon, 1 vol. xix,— His Prefage
to the Case of Ship Money, ibid. xxi. — Mr.
£rolyn*s Preface to the Second Edition of the
State Trials, ibid, xxii,— To the 7th and 8th
Volumes of the State Trials, ibid, xlil.— To the
9th and 10th Volumes, ibid, xlv.-— Mr. Har-
grave's Preface to the Fourth Edition of the
State Trials, ibid. xlvii.—To the Supplemental
Volume of the Fourth Edition, ibid, li.
PREGNANCY.
Pregnancy is no Plea against Judgment for
a Capital Offence, though it maybe pleaded to
stay immediate Execution, Baynton's Case, 14
vol. 631. — Instance of the impannelling a Jury
of Matrons to ascertain whether a Woman
convicted of a capital Felony is quick with
Child» ibidr ^34*
THE STATE TRfAia 3^1
.PREROGATIVB.-r-See Kin^Di^pensin^
p(Nf;«fN~Jfiipon^i9nt-»£iAtp-ilibn
Mr. Hargrave*s Reasons why the King's
Prerogative of laying Embargoes should not
be restricted to time of War, Haj*g. Pref.l vol.
liL^Sir John Davis's Remarks on the Prero-
gative of laying Embargoes, in his Argument
in the Great Case of Impositions, % vol. 402.
-^Discussion respecting Uie Royal prerogative
of regulating the Coinage and value of Money
within the Realm, in the Case of Mixed Money
in Ireland, ibid. 114.-'-Mr« Hargrave's Re*
marks on the power of the King to impose
Taxes by Prerogative, in his Introductory Note
to the Case of Impositions, 2 vol. 371.—
The Case of John Bates in the Exchequer,
commonly called the Great Case of Imposi-
tions^ respectii^ the prerogative of the King to
impose Taxes on Merchandise im^ported at the
Ports of England without the concurrence of
Parliament, 4 Jae* 1, 1606, ibid. 382.— Baroa
Clark> Argument in that Case^ for the Prero«
gative, ibid, ib.— Chief Baron Fleming'^ Ar-«
gumeot on the same side, ibid. 387.-~Sir
Francis Bacon's Argument in the House oC
Commons for the Prerogative, ibid^ 395. — Sir
John Davis's Argument on the same side, ibid.
399. — Mr. HakewilFs Argument in the House
of Commons against the Prerogative, ibid. 407.
•^Mr, Yelverton's Argument against it, ibid.
477. — ^Tbe Imposition of Duties by Preroga-
tive was one of the Subjects of the Petition of
Grievances presented by the Commons to
James the First in 1610, ibid. 521. — Mr. Har^
grave's Reference to Writers on the Subject of
Taxing by Prerogative, ibid. 381 . — Lord Hale'a
Opinion on this Prerogative, ibid% 379. — Mr.
St« John's Account, in his Argument in the
Case of Ship-Money, of the means provided
by the Common Law to enable the King to
raise Money for the Defence of the Realm, 3
vol. 864, 873.— It is a sole Prerogative of the
King of England to make Proclamations, 2 vol.
7^6. ---Discussion of the nature and extent of
this Prerogative in the Case of ProclamationSji
ibid. 725.*— Discussion in the Case of the East
India Company v. Sandys, of the King's Prero-
gative to impose restrictions on foreign Trade,
:10 vol, 376, ibid. 386, &c. — Proceedings on a
Question referred by the King to the Judges, in
1718, respecting the King's Prerogative in the
Education and Marriage of the R^yal Family,
15 voL 1 195. — Discussion of the Subject by the
Judges, on delivering their Opinions^ ibid.1206.
—The Majority of the Judges declare in favour
of the King's Prerogative, both as to the Marriage
and Education of the Royal Family, ibid. 1223.
—Mr. Baron Price and Mr, Justice Eyre dissent
upon the point of Education, ibid. 1224.— Mr.
Hargrave's Note on the existence of the King's
Prerogative of Dispensing with penal Laws,
11 vol. 1187 (note). — ^His Reference to Trea-
tises and Cases illustrating the Controversy on
this Subject, ibid. 1190 (note).— Sir Robert
Alkyns's Inquiry into the lying's Prerogative
in this respect, ibidl 1200.'^Mr. Northey's
S32
GENERAL INDEX TO
QMisdBtiX.
Argument against *uch a Prerogative in the
Case of Sir Edward Hales, ibid. 1187.— Sir
Ttiomas Powis's Argument in the same Case,
in support of it, ibid. 1192. — Chief Justice
Herbert delivers the Judgment of the Court of
King's Bench in favour of it, ibid. 1195. — His
Account of. the Authorities on which this Judg-
ment was founded, ibid. 1251. — Sir Robert
Atkyns's Animadversions thereon, ibid. 1267.
— Discussion of this supposed Prerogative in
the Case of the Seven Bishops, 12 vol. 362, &c.
—The exercise of this Prerogative said by Sir
John Hawles to have been one of the chief
causes of the disaffection of the nation towards
the House of Stuart, 8 vol. 427.— Mr. Justice
Foster's Argument in favour of the King's Pre-
rogative of impressing Mariners, whenever the
public safety requires it, 18 vol.1331. — Dis-
cussion respecting the King's Prerogative to
make Laws for a conquered Country, 20 vol*
293. — Mr. Justice Foster expresses an Opinion
that the King is enabled by his Prerogative to
x)rder the mode of Execution to vary from the
Sentence in Capital Cases, 11 vol. 376 (note).
— It was resolved in the Case of Proclamations
that the King has no Prerogative but that
which the Law allows him, 2 vol, 727. — ^The
King's Prerogative is a part of the Law of
England, 3 vol. 68. — The Prerogative of the
Crown cannot authorize any thing injurious to
the Subject, 10 vol. 386. — Account of the Pre-
rogatives claimed by Charles the First, and
disputed by the Parliament in the Speech in-
tended to have been delivered by Mr. Cook,
on the Trial of tlie King, 4 vol. 1027.— Counsel
may give an Opinion upon any question of
Prerogative, which the Subject may contest
with the Crown in a Court of Justice, 2 vol.
766. — Mr. Luders states that the maintenance
of oppressive Branches of the Prerogative in
the Reign of Queen Elizabeth was as absolute
as in that of Henry the Eighth, and more dan-
gerous because more systematic, 6 vol. 903
(note). — ^Definition of Prerogative proposed by
Mr. Alleyne, in his Argument in the Case of
the Island of Grenada, 20 vol, 262. — Lord
Strafford's Remarks in his Defence on the
mutual Relations of the Prerogative of the
Crown, and the Liberty of the Subject, 3 vol.
1464. — Summary of the Prerogatives of the
King of England, ibid. 1023, 1083.
PRESBYTERIANS.
Account of the Persecution of the Presby-
terians in the Reign of Charles the Second, 11
vol. 13 (note). — Account of the Conference in
the Savoy at the Restoration, between certain
Presbyterian Clergymen, and Clergymen of the
Church of England, 6 vol. 25.
PRESCRIPTION.
By the Law of England there is no Prescrip-
tion for Crimes, 4 vol. 830 (note).— By the
Scotch Law, vicennial Prescription prevails
even in Cases of Murder, ibid. 82i[(note).
PRESENTMENT.
The same certainty is required in a Present-
ment as in an Indictment, 10 vol. 1397.
PRESS.—See Uberhf of the Pre».
PRESSING SEAMEN. !
Mr. Emlyn's Doubts respecting the Legality
of the practice of Pressing Seamen, Em. PreC
1 vol. xxvii. See also 18 vol. 1357 (note). —
Argument of Mr. Justice Foster, when Recorder
of Bristol, in favour of it, 18 vol. 1326. —
Statutes giving to the King of England the
power of requiring the personal senrice of
every man able to bear arms, in cases of sudden
emergency, ibid. 1327 (note). — The right of
pressing Seamen is a Prerogative of the Crown •
of England, ibid. 1331.— ^Collection of modem
dicta and decisions in favour of the legality of
the practice of pressing Seamen, ibid. 1359.
PRESUMPTION.— See JSWcncc.
Presumptive Evidence in Cases of Felony to '
be received cautiously, 7 vol. 1529 (note). —
Discussion in Captain Green's Case, tespect-
ing proof by Presumptions according to the
Civil and Scotch Law, 14 voL 1230, &c.— By
the Civil Law, the Corpus delicti must be posi-
tively proved, before presumptive Evidence
can be admitted to ascertain the Offender, ibid.
1229, 1246.— Of the different kinds of Pre-
sumptions by the Law of England, 1 7 vol. 1430. .
— ^The Presumption of Innocence in criminal
Cases is so strong, that in order to overturn it, •
there should be legal Evidence of Guilt, pro-
ducing a conviction only short of absolute cer-
tainty, 33 vol. 506. — ^If upon the positive Evi- •
dence on both sides, the mind remains in equi-
librio, a strong Presumption in favour of eidier
party will turn the scale, 17 vol. 1341.
PRETENDER.
Proceedings taken to prove the genuineness
of the Child alleged to be the Son of James
the Second and his Queen, 12 vol. 123. — Re-
ferences to Historians and other Writers upon
this Subject, ibid. 144. — Burnet's Account of
the Proceedings, ibid. 166. — Wodrow's Ac-
count of a curious incident in Scotland, respect-
ing the Legitimacy of the Pretender, ibid. 176.
PRIESTS.— See Jesuits ; Semnary Priests.
PRINCIPAL AND ACCESSARY.
See Accessary.
PRINCIPAL AND AGENT.
Discussion respecting the Extent to which
the Acts and Declarations of an Agent may
affect his Principal criminally. Lord Melville's
Case, 29 vol. 747.
PRINTING.
Printing may be an Overt Act of Treason,
12 vol. 1248.
PRISAGE.
Explanatipa of the duty callfd Prisagei pay-
THE STATE TRIALS.
CoRTBl^n.3
able by the Common Law to the King, upon
efery Cargo of Wine brought into the Kingdom
by English Merchants^ 2 vol. 416.
PRISON.— See GaoL
The difference between Breach of Prison and
Escape, 3 vol. 292. — If a man depart from
Prison with the licence of the Gaoler, it is an
Offence by Law, ibid. ib. — ^The Prison of the
Court of King's Bench is not any local Prison
confined to one place; and every place where a
person is, by auUiority of that Court, restrained
of his liberty is a Prison, ibid. ib. and 336. —
If a person takes Sanctuary, and departs
thence, he breaks Prison, ibid.ib. — Discussion
on a Writ of Error in the House of Lords, in
the Case of Hart and White, whether the Court
of King's Bench has the power of imprisoning
persons convicted of Crimes in other Prisons
than those belonging to the Court, or to the
Counties in which the crimes were committed,
30 vol. 1325. — Opinion of the Judges in the
affirmative, ibid. 1344.
PRISONERS OF WAR.
Discussion in the Case of Sir Robert Spotis-
wood, whether by the Law of Scotland, Quarter
granted to a Prisoner taken in Battle during a
Civil War, is a Bar to Capital Punishment
for High Treason in being concerned in such
War, 4 voU 781. — ^Mr. Steel's Argument
against a similar Defence in the Duke of
Hamilton's Case in England, ibid« 1163.
PRIVATEERS.
Discussion in the Case of Golding and
others, whether persons acting as Privateers
under a Commission fVom James the Second,
after his Abdication, were Pirates, or Enemies,
12 vol. 1269.
PRIVILEGE.— -See Privileged Witneuei;
Privilege of Parliament : Peers.
The Privilege, of an Ambassador does not
extend to exempt him from Trial for Crimes
committed in this Country against the Law of
England, 5 vol. 491, 499. — A Peer has no
Privilege to refuse to be examined before the
Privy Council, Countess of Shrewsbury's Case,
2 vol. 771.— Resolved in Lord Castlehaven's
Case, that a Peer on his Trial for Felony, has
no Privilege for Counsel more than a Com-
moner, 3 vol. 402. — A Peer upon his Trial
cannot be allowed his Privilege on Motion
merely, unless he produces his Patent, Lord
Preston's Case, 12 vol. 656. — A Peer has no
Privilege from Arrest in Treason, Felony, or
Breach of the Peace, ibid. 223. — In Wilkes's
Case the Court of Common Pleas decide that
a Member of Parliament is privileged from
Arrest for writing a Seditious Libel, 19 vol.
989. — ^Resolutions of both Houses of Parlia-
ment against this Decision, ibid. 993. — Argu-
ment in support of it in a Protest against the
Resolation in the House of Lords, ibid. 994. —
Remarks of Mr. Hume upon the Privilege of
333
Members of Parliament as to freedom from
Arrest by the Law of Scotland, ibid. 994.
PRIVILEGE OP PARLUMENT.
Chief Justice De Grey's Distinction in
Crosby's Case, between personal Privilege and
the Privilege belonging to the collective Body
of Parliament, 19 vol*. 1150.— Difficulty of the
Subject of Parliamentary Privilege, 6 vol. 1121
(note). — Illustrations of the uncertainty of the
law of Parliament with respect to Privilege,
ibid. ib. — Denial of the existence of this un«
certainty by the first Earl of Chatham, 8 vol.
445. — Mr. Howell's Observations on Privilege
of Parliament, 8 vol. 1 (note). — Lord Claren*
don's Account of the true meaning of the pro-
position that Parliament is the only Judge of
Its own Privileges, 6 vol. 1285 (note). — All
Privileges of Parliament which derogate from
the Common Law are now at an end, except-
ing the freedom of a Member's person, ibid.
1127 (note). — Proceedings in the House of
Commons in the Reign of Henry the Eighth,
respecting a Breach of Privilege upon the Arrest
of a Member for Debt, 8 vol. 8.— Frequency of
Commitments by the House of Commons for
Breach of Privilege during the latter part of
the Reign of Charles the Second, ibid. 7. —
Reference to Works on the subject of the
Power of the House of Commons to commit
for Breach of Privilege, ibid. 13. — ^Report of a
Committee of the House of Commons upon
the state of the Law and practice of the House,
in Cases of Proceedings against Members for
any thing done or spdcen in the House, or
against Servants of the House, ibid. 14. — Pre-
cedents of the claim and recognition of the
claim of the House of Commons to commit for
Breach of Privilege, ibid. 27. — Precedents of
Punishments inflicted by the House of Com-
mons for breach of Privilege, ibid. 61 . — Report
of a Committee of the House of Commons in
1771, respecting Privileges, ibid. 65. — ^The
Courts of Law cannot discharge or bail a
person committed by the House of Commons
for Breach of Privilege, Crosby's Case, 19 vol.
1146.— Courts of Law take notice of Questions
of Privilege when brought before them inci-
dentally, but not when they come before them
directly, ibid. 1150. — ^The Case of Privilege of
Parliament, being an Appeal brought in the
House of Lords against Sir John Fagg and
other Members of the House of Commons, 6
vol.1121*
PRIVILEGED WITNESSES.
Discussion respecting the nature, origin, and
extent, of the Privilege of an Attorney not to
disclose matters confided to him as Attorney
by his Clients, 17 vol. 1224.-— The Privilege is
the Privilege of the Client, ibid. 1242. — A
Surgeon has no Privilege to decline answering
Questions in a Court of Justice, respecting
facts which have come to his knowledge in
professional confidence, Duchess of Kingston's
Case, 20 vol. 573.— Reference to sevwrt Casei
t84
iB whidi this SnY^tti if diseosted, ibid. 573^
The Privilege is confined to Counsel and At<*
torniesy ibicL 575 (note), 586. — Lord Mans-
field saysy in the Dachess of Kingston's Case,
that the Privilege only extends to facts com-
municated in professional Confidence by
ClientSy in order to take Advice, or in order to
instruct as to their Defence, and not to coU
lateral facts which come to the knowledge of
the Attorney by other general means, in the
course of his Employment, ibid. 613.-*Objeci
tions of Mr. Murphy to giving Evidence in the
House of Lords, in the Enquiry into the Af-
£urs of Greenvnch Hospital in 1778, of facts
revealed to him as Counsel in professional
Confidence, even with the express consent of
his Client, 21 vol. 358. — It was held in Hardy's
Case, that in State Prosecutions, Witnesses for
the Crown cannot be called upon to disclose
the names of persons who have given Informa-
tion to Government respecting the Offences in
question, 24 vol. 753, 808, 816. — ^The same
Kule was held by the Court in Watson's Case,
32 vol. 100.
PRIVY COUNCIL.
Seijeant Hawkins says that the Privy Conn*
cil, or any one or two of them, may commit for
Treason, 19 vol. 1039. — Lord Camden's Argu*
ment on delivering his Judgment in the Case
of Entick and Carrington, against the Power
of a Member of the rrivy Council to commit
fi>r a Libel, ibid. 1052. — Precedents of persons
bailed by Courts of Justice on Commitments
b^ the Privy Council, 3 vol. 11. — ^The Juris-
diction of the Privy Council as to Commit-
ment is limited, ibid. 28.-— Discussion in the
Case of the Seven Bishops respecting the
power of Members of the Privy Council to
commit for a Libel, except when assembled in
Council, 12 vol. 206. — Lord Camden doubts
whether the Secretary of State was formerly a
Member of the Privy Council, 19 vol. 1047.
PROCESS.— See Rttittance to Froeeti.
Discussion in the Case of the Seven Bishops,
whether a Defendant can be charged with an
Information in the Court of King's Bench,
unless he is brought into Court by Process
upon that Information, 12 vol. 205. — In the
Cfase of an Indictment originally found in the
King^s Bench, the Jury Process is returnable
on a day certain ; but where an Indictment is
removed from another Court, it is returnable
on a common day an4 not on a day certain,
Tutchin's Case, 14 vol. 1132.— On Ex-Officio
Informations for Offences in foreign Countries,
the Jury Process may be returned either on a
day certain or on a common day, ibid, ib.—
Discussion whether a Clerical Error in the
Teste of a Distringas Corpora Juratorum may
be amended by the Court after Verdict, ibid.
1135. — ^The Court of King's Bench are equallv
divided in Opinion upon the Subject, ibid.
I187.--Mr. Justice Foster's Statement of the
Law respecting Homicide committed in the
GENERAL FKDEX TO
Oincmt^
sesistaoee of Proceas^ 19 vol. 873 (noteW
Reference U> other Cases oa this Sut^i ilwL
874 (note).
PROCLAMATIONS.
The Case of Proclamations from Coke's
Reports, 2 vol. 723.— The King cannot by his
Pro<damation change any part of the Law, or
create a new species of Ofieoce, ibid. 725, 726.
— But it is an Aggravation of an Offence
against the Law, if it is committed after its
prohibition by Royal Proclamation, ibid. 726.
—It is a Prerogative of the King of EnjUnd
to make Proclamations, ibid. ib. — Prohibitions
^ Proclamation were one of the Sul^ects of
CTomplaint in the Petition of Grievances pre-
sented to James the First in 1606, ibid. 534.-«
Proclamation of Queen Anne in 1703, against
spreading false News and publishing irreligious
and seditious Libels, 15 voL 359.— Royal Pro*
clamation in the same year against Vice and
Immorality, ibid. 361.
PROCLAMATIONS IN OUTLAWRY.
No Proclamations are required in an Out-
lawry in Criminal Cases after Judgmoot,
Wilkes^s Case, 19 vol. 1108,
PRODITORik
Discussion in Cranbume's Case, whether tbs
word « Proditorife? is to be repealed i© an In-
dictment for Treason in the averment of evtiy
Overt Act, 13 vol. 830,
PROHIBITION.
Articles respecting Abuses in the gra&ttDg
of ProhibiUons by Courts of Law, nresentod
by the Clergy to the Lords of the Council m
1605, with the Answers of the Judges theretOi
2 vol. 134.— The Obstruction offered to Wnts
of Prohibition was one of the Subjects of Con^
plaint in the Petition of Grievances pfwea^
by the Commons to James the First, ibid. 526.
PROPERTY.
The great object of all Laws is the Securi^
of Property, 19 vol. 1066.— Lord Camdcns
Observations in the Case of Entick v. Camng-
ton, on the right of the Subject by the Laws
of England to the security of his Property,
ibid, ib.— Every invasion of private P/oP^lg^*
however minute, is a Trespass, ibid. ij:"T*?f
only exceptions to the absolute right which tne
Subject has to the security of his ProperW are
created by positive Laws, and Jhe onl^ J"^"'
fication of an invasion of private Property most
be founded upon such' Laws, ibid. ib.
PROPHESYING,
Account of the nature of the religion Exer-
cise called Prophesying, 15 vol.426.-'Ciicu^
from Queen Elisabeth to the BUhops, i^^
mending the suppression of it, ibid, ^^r*
Archbishop Grindall's Letter to the rrv^
Council, declining to comply with ^^.f^
mendation contained in the Circolar, ibid. 91'-
TH35 STATE THIALa
-^Bemwbl on Au» AjtAWbvp'n oonduct in
lefosing to suppress the £xer<;i8e^ ibi4. 426«
PBOTECTOEATE.
Apcount of the Administration of Justice
during the Protectorate, 5 vol. 935.
PROTESTS-
Hie first instance of a Protest with reasons
in the House of X/>rds, said by Ralph to haTe
been on occasion of the rejection of Fitzharris's
Impeachment, 8 toL 231,^33 (note). — ^This
Mistake corrected, 11 vol. 306 (note). — Roger
North*s Account of the commencement of the
practice upon which Ralph's Error was founded^
ibid* ib. — XiOrd Clarendon's Account of the
commencement of Protests with Reasons,
ibid, 907 (nQte).«^tanding Orders of the
House of Lords respecting ProtestSi 12 vol.
1189 (note),
PROVISO.
Repugnant Proyisoes in a Statute ure voidy
10 vol. 438.
PROVOCATION.— See Homkide^Murder^
PUBLICATION.--See Ubel.
If a man composes a liibel in Surry, and
there agrees with a Printer to print it in Lon-
don, thin is a Publication by the Composer in
London, Tutchin's Case, 14 vol, 1118. — Mr.
jiostice Powell says, in the Case of the Seven
Bishops, that in a Trial for Libel, the Pubticar
tion must be expressly proved in the County
where the Veoue is laicU otherwise it will be
presumed to have taken place iu another
County* 12 vol. 818.— *Selliug a Libel in a
Shop by a Servant is prim^ facie Evidence of
a Publication by the Master, Almon's Case, 20
Tol. 833, 839.— Sending a libellous Letter by
the Post was held in the Case of the Seven
Bishops to be a Publication, though it was
seen by nobody but the Writer and the person
to whom it was sent, 12 vol. 330, 333. — Dis-
cussion of this Subject, ibid. ib.---In the Case
of Williams of &i|ex, the mere writing a
libellous Paper, though it was immediately
sealed up, and was never out of the Custody
of the Writer, was held to be a Publication,
ibid. 328 (note).^— If aLibel be publicly known,
a Written Copy of it is said by Lord Holt in
Bear's Case, to be Evidence of a Publication^
19 vol, 107^. — It is said to have been deter-
mined by all the Judges to be unlawful to
publish any intelligence of a public nature
without Licence from the King or his Ministers,
T vol. 929, 1114, 112r.— Upon a Criminal
Trial for a libel in a Newspaper, an Affidavit
containing the Names of the parties and of the
plaoB where the Newspaper was printed, ao*
cording to the Stat. 88 Qeo. 3, c. 78, together
with the Prodnction of the Newspaper oorres*
$BS
ponding to the description in the Affidavit, ia
jE^vidence of the Publication in the County
where the Printing of it is described to be, 30
ypl.i8l«. .
PUNISHM£NT.-*^ee Feme fart et dure.
Indiscriminate application gf Capital Punish*
ment to crimes of various degrees by the Law
of England censured, £m« Pref. 1 -vol. xxxii.
&c.— Confinement and hard labour recom*
mended for minor offences, ibid, xxxiii.—
Punishment of cutting off the hand very rare
in England, ibid. 443 (note).-*-Mr. Hume's
Account of the different degrefes of Puuishi*^
ment for Crimes by the Law of Scotland^
18 vol. 839 (note). — It is a fundamental
Rule of criminal Judicature, that the Punish*
ment should be in proportion to the malignity
of the Offender's ratention, 21 vol. 1291.^^
Remarks on the practice of Courts to receive
Affidavits in aggravation - or mitigation of
Punishment after Verdict^ 22 vol. 1185 (note).
«— The Conduct of a Defendant since he has
been found Guilty, may be taken into Consider,
ation bv the Court, in ajigravation or mitiga^
tion of Punishment, ibid. ib.-^Mr. Emlyn's
Remarks upon the Punishment of the Pillory,
1 vol. zxxvi.-^By Stat 50 Geo. S, c. 138> ^
Pillory is abolished except in certain Cases, 29
vol. 358.
PURGATION,
Account of the ancient common*law practice
of Purgation^ 13 vol. 1010*
. PURITANS.— See Xn^A/i^,S»^Btcftar(l;
UdalifJohn,
PUTTING OFF TRIAL.
Reason given by Lord Holt for the Rule that
a Prisoner cannot apply to postpone his Trial
until he has pleaded, 12 vol. 664. — General
Rules by which the practice of Courts in
putting off Trials at the Suggestion of Defend-
ants, on account of the absence of WitnesseSi
is regulated, 26 vol. 1033.
QUAKERS.— See JWa^&r, James ; Perm,
William.
Singular Narrative of the Disturhanee of a
Congregation in a Church during Divine
Service by a fanatical Quaker in 1659, 6 vol.
998. — ^A Quaker cannot be a Witness in an
Appeal of Murder, 17 vol. 330 (note).
QUALIFICATION.— See Grand Jwif-^
Jury,
QUARTER..
Discussion in Sir Robert Spotiswood's €ase,
whether Quarter granted to a Prisoner taken
in battle during a Rebellion operates as a Bar
to the capita) part of the Punishment for High
336
GENERAL INDEX TO
Treason in being concerned in soch a Rebel*
lioDy 4 70U 781. — Antiquity and equity of tbe
'Law of Nations respecting Quarter in Battle,
ibid. 798. — ^The promise of Quarter in Battle
can only extend to freedom from immediate
Execution by the Sword, but not to remove
tbe responsibility of the party to a legal Tri-
bunal; ibid. 1184.
QUASmNG INDICTMENTS.
It is irregular to move to quash an Indict-
ment after Plea, and after the Jury are charged
and swoni| Rookvrood's Case, 13 vol. 161,
168, 223.— The practice was formerly not to
quash Indictments for great Crimes upon
Motion, but to suffer the Trial to proceed,
and leave the party to move in arrest of
Jndgmoit, ibid. 168, 223 ; see also 27 vol.
266.— Sir John Hawles says, that it is good
canse to move to quash an Indictment that it
contains Offences of different natures, 8 vol.
729. — ^A Motion by a Prosecutor to quash an
Indictment is by no means, a Motion of course,
19 vol. 1173, 21 vol. 1048.— Mr. Justice
Buller says, that the only Cases in which the
Court has interfered have been when the
Indictments were insufficient, 21 vol. 1048. —
An Indictment may be quashed by consent,
though no defect appears upon the face of it,
18 vol. 1198.
QUO WARRANTO.
Roger North's Account of the Quo War-
rantos against different Corporations in the
Reign of Charles the Second, 8 vol. 1041
(note). — Proceedings on the Quo Warranto
against the City of London, ibid. 1039. —
Proceedings on a Quo Warranto against the
Corporation of Hastings, 17 vol. 845. — Simi-
lar Proceedings against the Corporation of
New Romney, ibid. 801, 821.
RAPE.
To constitute tlie Offence of Rape, there
must be both Penetration and Emission, 3 vol.
403, and ibid. 419 (note). — But the Emission
may be presumed from Circumstances, ibid.
419 (note).— It was resolved by Uie Judges
in Lord Castlehaven's Case, that if a Prisoner
stood mute on his Arraignment for Rape, he
was entitled to his Clergy, ibid. 403.
READING.
Instance in Ireland in 1681 of persons con-
victed of Felony being called upon to read, in
order to entitle themselves to the benefit of
Clergy, 12 vol. 631. — Instance of the same
kind before Chief Justice Kelyng in 1661,
ibid. 633 (note).— Chief Justice Kelyng fines
a Clergyman for making a false Report to the
Court respecting the reading of a Felon, ibid.
634 (note).— By the Stat. 5 Ann, c. 6, the
benefit of Clergy is allowed to all who are
entitled to it, without reading, ibid. ib.
REBELLION.-^See TVeason.
Mr. Justice Foster's Account of tbe
cussions and Arrangements respecting
Trial of the persons concerned in the Be^
lion of 1745, 18 vol. 329.— For Trials
persons concerned in the Rebellion of 171
see Derwentwater, James, Earl of, 15
761 — Wintoun, George, Earl of, ibid. 805.
For Trials of persons concerned in the Rebel
lion of 1745, see Berwick, John, 18 vol. 367
Bradshaw, 'James, ibid. 41 5 ~ Cameron, I)
Archibald, 19 vol. 734— Chad wick and
tragh, 18 vol. 359— Deacon, Thomas Th
dorus, ibid. 365 — Fletcher, George, ibid. 3
—Kilmarnock, William, Earl o^ ibid. 441
Kinloch, Alexander and Charles, ibid. 395-
Lovat, Simon, Lord, ibid. 529^— M'Growthei
Alexander, ibid. 391 — Morgan, David, ibid?
371— Ratcliffe, Charles, ibid. 429— Townlej^
Trancis, 18 vol. 329 — ^Wedderbum, SirJohn^
ibid. 425. — ^For Trials of persons concerael
in the Irish Rebellion, see Bond, Oliver, 27
vol. 523 — Byrne, William Michael, ibid. 455
— M'Cann, John, ibid. 399 — Sheares, Hen^
and John, ibid. 255— Tone, TheobaJd Wolfe,
ibid. 613.
RECOGNIZANCE.
Recognizance of Bail in the Court of KiDg*s
Bench to appear and answer to an Indictment
for Felony in Parliament, 20 vol. 356 (note).
RECORDS.
Stat. 46 Edw. 3, authorizing the deUvery of
Copies of public Records to all persons re-
quiring them for the purpose of using them
in Evidence, 12 vol. 661. —This Statute did
not authorize the delivery of a Copy of tbe
Indictment to a Prisoner on his Trial, ibid.
ib.— <Sir John Hawles says, that in anciept
times the Reasons of Judgments were, in
difficult Cases, entered on Record, 8 vol. 434
(note). — Proceedings against several persons
in 1647 for forging a Record of a Fine, 4 foL
951.
RECUSANTS,~See Papkis.
REFORM IN PARLIAMENT.--S«e
Parliamentary Reform.
REFORMATION.
Queen Anne Boleyn's Patronage of the
Reformation, 1 vol. 428. — Proceedings against
Gardiner, Bishop of Winchester, for opposing
the Reformation, ibid. 551. — Proceeding?
again^ Bonner, Bishop pf London, for op-
posing the Reformation, ibid. 631.
REGICIDES.
Resolutions of the Judges upon several
points relating to the arrangements for the
Trial of the Regicides, 5 vol. 971.— Discus-
sion of the difficulty whether the killing of,
Charles the First was to be laid in the InaicU
.Contbntb.]
THE STATE TRIALS.
337
ment to have been committed in his Reign or
in that of Charles the Second, ibid. 981.—
Persons to whom the Commission of Oyer and
Terminer for the Trial of the Regicides, was
directed, ibid. 986. — Proceedings on the Trials,
12 Car. 2, 1660, ibid. 985.— Chief Baron Bridg-
man's Chaise to the Grand Jury, ibid. 988. —
Names of the persons against whom an Indict-
ment was preferred, ibid. 994. — ^They are seve-
rally arraigned, ibid. 995.— Sir Hardress Waller
and George Fleetwood plead Guilty, ibid. 996,
1005. — ^The others plead Not Guilty, ibid.
996* — ^Trial of Thomas Harrison, ibid. 1008. —
Sjpeech of the Solicitor General (Sir Heneage
Finch) for the Prosecution, ibid. 1011. — Eri^
dence against him, ibid. lOlT. — Mr. Wadham
Windham sums up the Evidence against him,
ibid. 1023 — His Defence, ibid. 1024.— The
Chief Baron's Charge to the Jury, ibid. 1033.
•^He is found Guilty, and Sentence of Death
is passed upon him, ibid. 1034. — His Beha*
Tiour at the place of Execution, ibid. 1230.—
Barbarous manner of his Execution, ibid.
1237, and ibid. ib. (note). — Trial of Adrian
Scroop, ibid. 1034.-'The Solicitor General's
Speecn against him, ibid. 1037.- — Evidence
against him, ibid. ib. — His Defence, ibid.
1043.-«The Charge to the Jury, ibid. 1047.—
The Jury find him Guilty, ibid. 1048.— His
Sentence, ibid. 1075. — His Conduct at his
Execution, ibid. 1298. — Ludlow's Account of
him, ibid. 1035 ([note). — ^Trial of John Carew,
ibid. 1048. — Evidence against him, ibid. 1050.
— His Defence, ibid. 1052. — ^The Charge to
the Jury, ibid. 1057. — He is found Guilty,
ibid. 1058. — ^His Sentence, ibid. 1075. — His
Conduct at his Execution, ibid. 1237. — Lud-
low's Account of him and of this Trial, ibid.
1049 (note).— Tri^l of Thomas Scott, ibid.
1058. — Evidence against him, ibid. 1061.-^
The Charge to the Jury, ibid. 1070. — He is
found Guilty, ibid. 1071. — ^His Sentence, ibid.
1075.^His Conduct at his Execution, ibid.
1272. — Ludlow's Account of him and of his
Trial, ibid. 1058 (note). — Gregory Clements
withdraws his Plea of Not Guilty, and con-
fesses the Indictment, ibid. 1071. — His Sen-
tence, ibid. 1075. — His Execution, ibid. 1283.
—Ludlow's Notice respecting him, ibid. 1071
(note). — ^Trial of John Jones, ibid. 1072. — He
is found Guilty, ibid. 1074. — His Sentence,
ibid. 1075. — His Conduct at his Execution,
ibid. 1283.— -Ludlow's Account of him, ibid.
1071 (note).— Trial of John Cook, Solicitor
General to the Commonwealth, ibid. 1077. —
The Solicitor General opens tbeJPharge against
him, ibid. 1079. — ^The Evidence against him,
ibid. 1080.-— He urges in his Defence that
what he did was in the exercise of his pro-
fessional duty as Counsel, by commana of
the House of Commons, ibid. 1090. — Reply
of the King*s Counsel, ibid. 1098.— The
Charge to the Jury, ibid. 1105. — He is found
Guilty, ibid. 1115. — His Sentence, ibid. 1243.
-^His Conduct at his Execution, ibid. 1247. —
Ludlow's Account of him and of this Trial,
ibidf .1Q77 (q9^);7'^tt^r written by him to a
friend a short time before hit Execution, ibid
1257. — His Letter to his Wife, from the
Tower, ibid. 1266.— Trial of Hugh Peten,
ibid. 1116. — Evidence against him, ibid. 1118.
—Extracts from a Sermon preached by him
before Cromwell and Bradshaw, ibid. 1131. —
Evidence for him, ibid. 1134.— His Defence,
ibid. 1135.— He is found Guilty, ibid. 1143.
—His Sentence, ibid. 1144. — His Conduct at
his Execution, ibid. 1281. — Abstract of a Ser-
mon preached by him in Newgate after his
Condemnation, ibid. 1179.— Accounts of him
by Ludlow, Whitlocke, and others, ibid. 1116
(note).— Trial of Daniel Axtell, ibid. 1146.—
Evidence against him, ibid. 1147. — His De*
fence, ibid. 1156.-^He is found Guilty, ibid.
1176. — ^Judgment against him, ibid. 1224. —
His Conduct at his Execution, ibid. 1286. —
Ludlow's Notice of him, ibid. 1146 (note). —
Trial of Francis Hacker, ibid. 1176.— Efi-
dence against him, ibid. 1178.-^He is found
Guilty, ibid. 1185. — Judgment against him,
ibid. 1224. — >His Conduct at the place of
Execution, ibid. 1286.*--Ludlow'8 Account of
him, ibid. 1176 (note).— Trial of William
Hulet, ibid. 1185. — Evidence against him,
ibid. 1186. — Evidence for him, ibid. 1192. —
He is found Guilty, ibid. 1195. — Judgment
agaiost him, ibid. 1224.-- Arraignment of
Isaac Pennington, Henry Marten, Gilbert
Milliogton, I^bert Tichburn, Owen Roe,
Robert Lilburn, Henry Smith, and Edmund
Harvey, ibid. 1195. — Harvey and Pennington
confess the Charge, ibid. 1198. — Evidence
against Marten, ibid. 1200. — ^The others con-
fess, ibid. 1203.— The Jury find them all Guilty,
ibid. 1208.— 'Judgment against them, ibid.
1224.— Ludlow's Notice of Marten's Trial,
ibid. 1195 (note). — Account of Marten's Con-
finement and Death, ibid. 1208 (note).—
Arraignment of John Downes, Vincent Potter,
Augustin Garland, Simon Meyne, James
Temple, Peter Temple, Thomas Waite, and
William Heveningham, ibid. 1209. — They all
confess the Indictment, ibid. 1214.— The Jury
find them Guilty, ibid. 1220. — Judgment
against them, ibid. 1224. — Names of the ten
Regicides who were executed, ibid. 1230.—
John Barkstead, John Okey, and Miles Corbet,
are outlawed upon their Indictment,, ibid.
994 (note). — ^They are taken in Holland, and
brought to the Bar of the Court of King's
Bench, ibid. 1301.— They plead that they are
not the persons mentioned in the Record of
Outlawry, ibid. 1310, and 1311 (note).— A
Jury is impannelled, who find that they are
the same persons, ibid. ib. — A Rule for their
Execution is granted by the Court, ibid. ib. —
Record of the Proceedings against them in the
King's Bench, 19 vol. 737. — Corbett's Account
of the Proceedings against him at Westminster,
ibid. 1310. — ^Their Conduct and Speeches at
the place of Execution, ibid. 1306, 1317. —
Argument in favour of the Regicides who
surrendered on the Royal Proclamation-, ibid.
1346. — ^Account of three of the Regicides who
fled to Ami^ricai ibid* 13J^9«^Mr« Fox'9 R^
iit
aSNERAL IKDEX TO
CMft0M&
mifi4t9 updii the fil^ of the Regicides, 6
vol. 201.
REGISTER.
Stat. 7 and 8 Will, dj c. 21^ estaUishing a
▼oluntarj Register lor Seamen to serve in the
Navy^ 18 vol. 1330 Ouote). — ^lliis expedient
said by Mr. Justice Foster to have nad no
e^eet, ibid. 1330, and 1331 (note).
RELEVANCY.
Accotitit of the practice of the Scotch
Courts in criminal Trials respecting the 't>e-
hate on the Relevancy of the Libel, 19 vol.
125^ (note).
RELiOIOK.^^e BUupheii^ i Iterety.
Mr. Etskine's Vi^W df the ])Hnclple^ by
Hhith Freedotn of Discussion on religious
subjects should be iregulated^ in h\i Speech
fdr the Prdsecutibn ih Williatos^s Case, 26 vol*
e62.-^Mh Kyd'^ Argunienti, itt his Defence
ill that Cas4, on the impolicy 6f Prdsecutiotis
Ibr the t>Ublication of religious Opinrbnsi ibid.
871, 6^;-^Opinions of various learned meti
uporl this subject, ibid. 6t5.-^Mr. fiayl^y's
Opinidh that k Publication reflecting oh the
Christian Religion may be prds6ctited as t
Lib^l at CoraMoti L^w, ibid. 654.^Lord
ll^^yon expresses the s&!ne Opinion, ibid. 704.
^^\t Vicary Gibl^'s iStateraeht of the Law
i^pe<Hitig Libels on Religion, in his Speech
fbt the Prosecution in Eaton^s Case, ^\ vol.
Mi.*«-Df. Middleton's Opinion against Prdi-
secutioils ibr libels upon Religion, ibid. -948.
—Mir. BarHbgton*s Quotation of the JEmperor
Titud^s Opinion aeainst Prosecutions for
OS^nces against Religidnj 15 vol. 716; — Mr.
Locke's Xetter to Sit Francis Masham on the
Execution of Aikenhead in Scotland fot de^
nying the Doctiine of the Trinity, 13 vol.
REMEDY.
The maxini that '' the Law of England gives
a Remedy for every Wrong," is to be under-
stood with tlie Qualification, that the party
seeking a Remedy must apply for it through
the proper channel, 14 voL 784.
REMONSTRANCE*
Remotistrdiiae of the Lotig P^liatheiit ifi
1.641 against Jesuits and Priests, 4 vol. 6&. —
The Kittg'i Answer thereto, ibid. Q^%
REfLfCAIiON.
In Gin Actloiifot F&lse Imptis6niiienl$ ivhele
the Defendant pleads. a lawfhl CoMliiitiiient
as k Magistmte for a bailable Offenee, the
Plaintiff cannot, under the general Replication
of De if^uHi^ give in Evidence a tender
and refusal of Bail; but iftnet reply nptQbkllf,
SO Vol. l$ldi
REPLY.
Objeotion to tbe Attorney General^s ri^ to
reply, on the Trial of Home Tooke upon aa
Ex-omcio Information for a Libel, 20 vol.
660.~--Lord Mansfield overrules the Ohjeotkm^
ibid. 664.'-^Lord Mansfield'a Observatioas on
the right of a Prosecutor to reply in crimiaal
Cases, ibid. 762»—; Disoussion in Dr. Sheri-
dan's Case^ in Ireland^ respecting the right of
the Attorney General or his Deputy to rdplj
in a criminal Case where the Defendant oaJOs
no Wittiesses, 31 vol. 707. — ^Instance of the
refusal of the Court to permit Co«nsei for the
Prosecution in a Case of Murder to reply
where the Prisoner had called Evidence ia his
befence on the merits, 17 vol. 353.
REPORTS*
Sir Joiin Howled iiays, that aitef it c^ed
to be the pr&cti(^e to eftteT the tUasoii» df
Judgments on Record, the Courts Always
delivered the Reasons of theit JudgmefitI
publicly, in order that th6y Might be ^ublishei
irt Books of Reports, 8 vol. 434 (ttote).— tft
1704 fiooks of Law Reports were S^id by l!lit
Thotnas Powis to have beCoihe ^6 ftutbehms
as to be a burthefi, 14 vol. 7l6.— Mf. Jtistiee
Foster says, that ** imperfect Reports 6t htia
aild circumstances ate the bane of all ^cien&i
that depends iipon the Preced^tit!; and £x«
amples of former times,** 16 Vol. 10(iio(e).
REPORTER!^.
InstanW o^ RepOfters being brdered wit of
Court on a Trial befOfS Lord holt, U V6l.
035.
REPUTATION.— See Chiir^ci&',
flESCtJE.
Proceedings on ihe Trial of the Earl of
Thanet and others for an attempt to rescue ft
Prisoner ii^ a Court of Justice, 27 vol. 8S1*
RESISTAKC£.-«See Pasthe ObeSeiut.
Blackiitone's Rem^tb) on the dodlrifitf Of
Resist^ncd skiid Passive Obedienee, 15 td J
(!iote).-^OpbiottS df Dr. Tuckef^ ttean w
GlOUtester, bn the saMe &iubject, ibid. 5 (note).
— Sensible Retttatk of Archbishop Sharps W
the limits of Obedience, ibid. M (tibtfe).-*
Lofd, President Braasha#*s Assertion of tW
Right of the peot)le of Englatid to ^«I1 *« r
Kings to demount fo* MiscotidUct, In »»
Address to ChtttUft the Firtlf ptfevieftsly t#
passing SenteufclB lipoh him ill the Hijfh Gm
of Justice, 4 voli 1008. ---Argument « MJ*
Lechtnere, Oh the Trial of Dr. SWfi^Vef^i^
that Resistance to the !luprerfi* Atithdng
undet eertkin ciroumsian^^ is juStiw »7
the pritodples of the English Conslietftioftr \^
voli 61.--5ir Joseph Jekytt's Argtttoee^
Dts Saeheverell's Case, to m i^tae fW
ibid, 97.^&k Rokm Sfre¥ AnfO^ ^
/■linwiihliifcii ""I
vollTBfl9v»J
fttE Sf AfE tftlAtS.
ddd
All RcTblt^itidh fo i^m *«^as efiTedted bjpoti th^
principle bf the legdliiy of Reshtaiiicey ibid.
106.-^Sif Johii Hdlland'^ Aijgiiment to thfe
saxbiB purpose, ibid. iiO.-^Sir Bihiofi Hat-
Contt's Argument f&i Dt. SachfeVerell tbftl thfe
tid^i^tie t)f Noh-ttfesistance is warirdnted by
Afe Ciitiltsh of Englatid, atid agreeable to LaW,
ibid. 20!2.i— Mr. Dodd^s Arguttient to tbe saJhe
poH^se, ibid. 218.— Inslahces bf learned
Wnters, cited by Mr. Phipps for Dr. Sacbeve-
rell, who have denied the lawfulness of Re-
sistance, ibid. 23ii— Eittactisj from Sermons,
Homilies, and other writings of eminent
Divines, as glVeh ih fividencfe oil Dr. Sache-
lrerell*s Trial, to shoW that Non-Resistance is
a Doctrine 6f Ibfe Chttrch of England, ibid.
l!!44.^i-iBisfadp Sttftiel*s AcddUtit bf the boe-
trine of thfe Chtireh of Etigtattd respecting
Resistance, in his Speech on Dr. SacheverelFs
Trial, ibid. 481 .^The BiShbp of Oxford's
Speech en the same subject^ ibids 494; — Lord
Meadowbank's assertion bf the legality of
Resistance under certain eireumstances^ 33
vol. 106.
RESISTANCE TO PROCESS.
If Officerls are killed in^hile attempting to
execute ft legal Warirant for a breach of the
Peacfe) having given notice of their authority,
it is Murder in the pfersons making Ifafe Re-
sistance, Curtis's Case, 15 vol. 742 (note). —
If Officers acting under legal Process kill a
Prisoner under a reasonable apprehension that
he is about to rescue himself forcibly from
their Custody, it is justifiable Homicide,
Reason and Tranter's Case, 16 vol. 52. —
Tridl of John Slfevensori fdt the Murder of
t p^fsbii assisting an Officer in the execution
of ihregular Process, 19 vol. 845.~Ai-guthenti^
bf Cottnsfel in that Case, whether tbe insertion
of the Officer's name in a Writ after it was
sealed, was stach ah irtegularity as would
reduce the Offencfe of d person killing the
Officer, while refeisfiiig the Writ, from
Murder to Manslaughter, ibid. 864.~By the
Law of Scotland, a defect in the Process, or
an irfegukrity committed by the Officer in
executing it, \Vill not justify resistance to the
effbtt of depriving the Officer of his Life,
ibid. 881. — Mt-. Burnett's Repdrt of a Case
in Scotland, in lT95, in which the killihg an
Officer iti resisting Process irregularly ex-
fecuted Was held to be Miirdfer, ibid. 882.
ItESTOfiATrON.
Letters of Charles the Second to General
Monk and several public Bodies from Breda
immediately previous to his Restoration, 5 vol.
947. — His Declaration to the People of Eng-
land, promising a general Pardon to all per-
8bns coiJi^ectfed with th^ death of the late
King Who cfinilB in Within forty days, excepting
Such as should be aftetwards excepted by Par-
Uiltxi€fit, ibid. 951.— Other Declaratidhs of
Cb&fles the Sfecdild during his Utile; promising
fttrdt% ibMf 9$^:
RfiTAlNEIl*
Lord Erskine^s Letter to the Editor of .the
State Trials, explaining his motives for can-
celling a general detainer in the Case of
ThbtniBts William^^ 28 vol; 714 (tiotfe)i
RfitURN.— See HaBeas Cof^.
An Offitier of a Court of Justice in making
a Return td a Writ or Precept^ inust retuth
what is his own i^ci^ or that bf cinother, but
not what he is inibrmefl of by another, 3 VbL
13.-^Argument in Stroud's Case that the sattib
degree of Certainty is i^ot required in a RbtHrA
to fi Habeas Corpus as in a Count or Plest,
ibid; 248i-^Proceedings in an Action against
a Sheriff for malieiousljr making ft double
R\3tum to A Writ of Election, 6 VoL lOGdi
REVE*JtJ]fe.
Argument of Lord Holtj in the Bankei-^'
Case, that the King may alien any part of his
Revenue of which he has an Estate of Inherit-
ance, 14 vol. 29. — Mr. Hargrave's Account 'of
the Cohtroversy which arose Sooh aft^t the
dedisibrt of the Bankers* Case, respefctlrig the
right of th^ Ring to alienate the herfedllary
Revenues of the Crown, ibid. 5. — ^Argument
of Lord Somers, in the Bankers' Case,^ that
the Barons of the Exchecjue^ have no Juris-
diction over the issues bf the Revenue of the
Crown, ibid. 46.
REVOLUTION.
Declaration of the Prince of Orange on his
landing in England, 15 vol. 280. — Sir Joseph
Jekyll's Vindication of the Principles of the
Revolution in 1688$ in his Speech for the
Commons on the Trial of Dr. Sacheterell,
ibid. 95.-— Sir Robert Eyrfe's Argument iii that
Case that the Revolution was effected iipon
the principle of the legality of Resistance, ibid.
106.— ^Sir John JHolland's Argument to the
same purpose, ibid. 110; — Advantages derived
by the English Constitution from the RctoIiI-
tion, 26 voli 547. — EulogiUm of Mr^ Justice
Foster upon the Revolution, ibid. 584i
RIOTS.— See Pilkingtm, Thomas; Thanet,
SackuUlCf Earl of; Watson, James,
Mr. Luders's Observations tipon the Crises
in whieh rebellious Riots have been hdd to
amount to Treason^ & vol. 899 (note), 15 tpl.
522 (note); — Reasons of the difibt&nce id
Opinion amongst the Judges in the Weavers^
Case, whether assembling in multitudes for
the purpose of destroying Lboms, and actually
destroying many, be Treason, or only an aggra-
vated Riot, 6 vol. 894 (note).— The Riot Act
has fhade a great change in thfe Law with
respect to rebellious Riots aiwi Tumults, 15
vol. 544 (note).— Snidllett's Account of the
Ribts iti favour bf the Pretehder in 171 5» 32
vol. 44H.^Mr. WetheTell's Allusion (o {he
240
GENERAL INDEX TO
[MlSCBLL.
fiirming^ham Riots in 1791 > ia his Speech in
Defence of Watson^ ihid. 449.
ROBBERY.
Actual putting in fear is not a necessary
ingredient in the crime of Robbery, 19 toI.
806.— Stat« 4 and 5 Phil, and Mary, c. 4,
depriving persons of Clergy who are convicted
of commanding, hiring, or counselling others
to commit Highway Robbery, ibid. 776 (note).
—Stat. 3 and 4 Will, and Mary, c. 9, on the
same subject, ibid. ib.*--Remarks on these
Statutes by Mr. Hume Campbell, in his Argu-
ment in Macdaniel's Case, ibid. 786. — Dis-
cussion whether a concerted Highway Rob-
bery, effected for the purpose of entitling the
Imrties to a Reward offered by Proclamation
or the apprehension of Robbers, be a capital
Offence as a Highway Robbery, Macdaniel's
Case, 19 vol. 778. — Mr. Justice Foster's Ar-
fument on delivering the opinion of the
udges in that Case in the negative, ibid. 801.
ROBES.
Resolved by all the Judges that, on a Trial
in the Court of tlie High Steward, the Judges
were to attend in their Scarlet Robes, 6 vol.
769.
ROMAN CATHOLICS.-^See Papisis;
JetuUs, . ^
Remarks on the tendency of some of the
Doctrines of tlie Roman Catholics, 29 vol.
532.
ROYAL FAMILY.
Proceedings in 1718 respecting the King's
Prerogative in the Education and Marriage of
the Royal Family, on a Question referred to
the Judges by the King, 15 vol. 1195. — Dis-
cussion of the subject by the Judges on de-
livering their Opinions, ibid. 1206. — ^The
Majority of the Judges declare their Opinion
in favour of the Prerogative, both as to the
Marriage and Education of the Royal Family,
ibid. 1223. — Mr. Baron Price and Mr. Justice
Eyre dissent upon the point of Education,
ibid. 122^4.
RUMOURS.— See News,
• It was resolved in the Earl of Northamp-
ton's Case, that the publication of false
Rumours respecting the King, or any of the
Great Men of the Realm, was punishable at
Common Law, 3 vol. 863.
RYE-HOUSE PLOT.
Introduction to the Trials for the Rye-
House Plot, 9 vol. 357.— Remarks upon the
authenticity of some of the Histories of this
Transaction, ibid. 360. — ^The Informations
and original Papers relating to the proof of
the ?lot, ibid, 365,— Burnet's History of the
Rye-House Plot, ibid. 491.— Mr. Fox's Re-
marks on the Transactions connected with it,
ibid. 517. — Historical particulars of Persons
accused of being concerned in this Plot, ibid.
1005. — For Trials of persons charged with
being concerned in it, see Blague, William,
9 vol. 654 — Hone, William, ibid. 571— Rouse,
John, ibid. 638— Russell, William, Lord, ibid.
578 — Sidney, Algernon, ibid. 817— Walcot,
Thomas, ibid. 519.
SACRAMENT.
Counsel appointed by Edward the Sixth to
consider of the proper mode of administering
Uie Sacrament, 1 vol. 634. — Resolutions of
the Council upon the subject, and Proceed-
ings of the Government thereon, ibid. 636.
SANCTUARY.
If a man take Sanctuary, and depart thence,
it is said to be a Breach of Prison, 3 vol. 292.
— ^Account of the ancient Common-law prac<
tice of Sanctuary, 15 vol. 145.
SAVOY CONFERENCE.
Proceedings at the Conference in the Savoy,
soon after the Restoration, respecting a Re-
view of the Liturgy, 6 vol. 1. — Commission
for the Conference, ibid. 25. — Burnet's Ac-
count of this Conference, and the circum-
stances which preceded and attended it,
ibid. 61.
SCANDALUM MAGNATUM.
Enumeration of the persons included in the
Statutes respecting Scandaium Magnatum;
3 vol. 863.— Of the nature of the Scandal,
ibid. ib. — ^The party grieved may proceed bj
Action de Scandalo Magnatum, and formerly
the party grieved and the Attorney General
might have exhibited a Bill in the Star Cham-
ber against the Offender, ibidi 865.— Account
of the Statutes respecting Scandaium Mag-
natum, 10 vol. 1 329 (note).— The Action of
Scandaium Magnatum is a qui tarn Action,
ibid. 1341.— Pleadings in Actions of Scan-
daium Magnatum, ibid. 129, 1413.— Proceed*
ings on a Writ of Inquiry on an Action of
Scandaium Magnatum brought by the Duke
of York (afterwards James the Second) against
Dr. Oates, ibid. 125.— Proceedings in a simi-
lar Action by the Earl of Macclesfield agamst
John Starkey, ibid. 1329.— In an Action ot
Scandaium Magnatum the Plaintiff is not
entitled to Costs, though he obtains a Verdict,
13 vol. 1437.
SCOTLAND.— See PostncUi
Proceedings of the Commissioners of boin
Nations authorized to settle the Terms of the
Union of Scotland with England on the Ac-
cession of James the First, 2 vol. 561.-1^/^'
cussion in Calvin's Case of the QuesttW
whether persQns bom in SpaUapd ^^^ ^
CdNmm.]
THE STATE TRIALS.
241
Accession of James the First to the Crdwn of
£D|^a<id Mrere Aliens <or {fatifes^ and capable
of maintaining an Action for Land in the
latter Country, ibid. 559. — ^Argument on the
Trial of the Duke of Hamilton, that a person
bom in ^Scotland since the Union of the Crowns
cannot be considered, in any sense, as an
Alien ta England, 4 toI. 1174. — Before the
Union, a Scotchman was refused a Jury de
medietate Ungua, because Scotchmen were
said to be reputed in England for Subjects,
ibid. 1 177. — ^A Scotchman was a good Witness
before the Union in a Case of Treason, ibid,
ilk — ^Po[abt expressed on the Trial of Lionel
Anderson and others, whether a Native of
Scotkuid was within the words of the Stat. 27
Eliz. c. 2, against Seminary Priests, 7 vol.
871. — Plea in Kinloch's Case to an Indict-
ment for Treason, that the Prisoner is a Native
of Scotland, where a part of the Offence was
charged to have been commit.ted, and there-
fore, that he ought to be tried there, 18 vol.
398. — ^The Plea is overruled by the Court,
ibid. 401. — By Stat. 7 Ann. c. 21, Treasons
committed in Scotland are to be tried by a
Special Commission of Oyer and Terminer
under the Great Seal, 23 vol. 1174.— Form of
such a Commission, ibid. 1167.— Since the
Union, the Law of Treason has been the same
in Scotland as in England, ibid. 1189. — Dis-i
CDssion in the Case of David Lindsay, whether
a Native of Scotland is within the Stat. 9 Will.
3, ag^nst persons returning into England
fiom France without Licence, 14 vol. 999^ —
Mackenzie's Account of the Jurisdiction of
the Parliament of Scotland, 10 vol. 973 (note).
SCOTCH PLOT.
Reference to Historians who notice the
Scotch Plot in the fteign of Queen Anne, 14
vol. 937 (note). — Extract from Boyer respect-
ing it, ibid. 938 (note). — Proceedings in Par-
lisunent respecting it, ibid. 937.
SEA.
Of the'Supplies allowed bv Law to the King
of England for the Defence of the Sea, 3 vol. 874.
SEAL.
. The principal Secretary of State has the
custody of the King's Petit Seal,, or Signet,
19 vol. 1013.
SEAMEN.— See Preuing Seamen,
Mr. Justice Foster's Argument in favour of
the legality of Pressing Seamen, 18 vol. 1326.
— Proclamations in the Reign of Charles the
First against Seamen entering into Foreign
Service, 3 vol. 829 (note).
SEARCH WARRANTS.
The legality of Search Warrants denied by
Lord Coke, 19 vol. 1067. — Lord Camden
says, that the practice of issuing Search War-
raots for stolen Goods crept into the Law
imperceptibly, ibid. ib. — His Remarks on the
caution which the Law requires in the use of
Search WarranjLSy ibid. ibt-*Qis Judgment in
VOL. XXXIV.
the Case of En tick v. Carrington against r the
legality of Warrants to search for Seditious
Libels or other Papers of a suspected person,
ibid. 1063.
SECRETARY OF STATE.
Argument of Sir Bartholomew Shower^ in
the Case of Kendall and Roe, against the
?ower of a Secretary of State to commit for
reason or Felony, 12 vol. 1359. — Lord Holt
in that Case seems to have admitted the ex-
istence of such a power, ibid. 1367, 1376. —
Observations of Mr. De Grey (Solicitor Gene-
ral), in his Argument in the Case of Leach v.
Money and others, on the office of Secretary
of State, 19 vol. 1013.— The, Secretary of
State has the Custody of the King's Petit Seal,
ibid. ib. — Report of the Case of the Queen
against Derby, in which the Court of King's
Bench decided that a Secretary of State has
the power of committing for Libel, ibid.
1014. — ^The Questions, whether he is a Justice
of the Peace within the meaning of the Statutes
7 Jaci 1, c. 5, 21 Jac. 1, c. 12, and 24 Geo. 2,
c. 44, and whether he acts as a Conservator
of the Peace at Common Law, discussed but
not settled, ibid. 1012. — ^The Judgment of the
Court of Common Pleas, in the Case of Entick
V. Carrington, delivered by Lord Camden,
deciding the negative of both these Questions,
ibid. 1044. — Lord Camden's Account of the
nature and history of the Office of a Secretary
of State, ibid. 1046. — His Doubts whether he
was formerly a Member of the Privy Council,
ibid. 1047. — His Argument against his power
to commit in. his own right as a Magistrate,
ibid. ib. — Lord Kenyon says, in Despard's
Case, that according to authorities, there is no
doubt that a Secretary of State has power to
commit, ibid. 1039 (note).
SEDinON.
Discussion respecting Sedition on the Re-*
turn to the Habeas Corpus in Stroud's Case,
3 vol. 242. — Sedition is not any determined
Offence by the Law of England, ibid, ib.— «
Etymology and legal meaning of the Word,
ibid. ib.-^ir Edward Littleton's Remarks on
the meaning of the Crime of Sedition by the
Law of England, ibid. 254.— Mr. Selden's
Remarks on the same subject, ibid. 267.—
Use of the term by Bracton and other ancient
Writers, ibid. 277.— Mr, Selden says, that by
the Civil Law, Sedition was capital Treason,
ibid. 279.— Dr. Johnson's Definition of Sedi-
tion, 23 vol. 870.— Mr. East's Account of the
distinction between Sedition and Treason by
the Law of England, 22 vol. 477 (note). —
Definitions of Sedition by various Writers on
the Scotch Law, 23 vol. 641. — Explanation of
the distinction by the Law of Scotland between
real Sedition and verbal Sedition, or Leasing-'
Making, ibid. 786, 855. See also, 33 vol.
122.— *There seem to have been no Prosecu.*
tions in Scotland for Seditioi^ previously to
1792, 33volll4,
R
949 6SKE&AL
SEDUCTION.
Trfal of Lord Grey of Werk and others, ibr
the Seduction of Lady Henrietta Berkeley, 9
vol. 127.
SEIZURE OF PAPERS.
The Case of Seizure of Papers, bein^ Sin
Action of Trespass in the Court of Common
Pleas, by John Entick against Nathan Cnrring-
ton and three other Messengers in ordinary to
the King, for entering the Plaintiff's House
and seizing his Papers under a Warrant from
the Secretary of State, 6 Geo. 3, 1T65, 19 vol.
1029.— The Pleadings, ibid. 1030.— A Special
Verdict is found by the Jury, ibid. 1032. —
Argument of the Special Verdict, containing
t Discussion of the power of the Secretary of
State to commit and to grant Warrants for
the Seizure of Papers, ibid. 1036. — Lord
Camden delivers the Judgment of the Court
for the Plaintiff, that the Seizure of the Papers
of a Suspected person is illegal, ibid. 1044. —
It was said by Chief Justice Scroggs, in the
Case of Benjamin Harris, to have been deter-
mined by all the Judges that Books containing
Libels on public or private persons, might be
seized, 7 vol. 929.
SEMINARY PRIESTS.-See Jesuit.
The Stat. 27 Eliz. c. 2, making it Treason
for Seminary Priests to remain within the
Realm, 4 vol. 59 (note), 7 vol. 724.— This
Statute seems to be provisionally repealed by
the Stat. 31 Geo. 3, c. 32, s, 4, 7 vol. 724
(note). — Remonstrance of the Long Parliament
in 1641 against Seminary Priests, 4 vol. 60. —
The King's Answer thereto^ ibid. 62. — In
Prosecutions upon the Statute of Elizabeth, it
was sufficient to show that the party accused
had acted as a Priest, without proving that he
had taken Orders from the Pope, 7 vol. 830,
870. — It was doubtful whether a Scotchman
was within th« Statote <tf Etiiabet^ ibid, 671.
SENTENCE.
Dispute between th« Bishops and Barons
in the Council wlii^ should jfyronounce Sen-
tence upon Thomas Beckett, Archbishop of
Canterbury, 1 vol. 3. — Lord Bacon^s Observa-
tions on th« King's power of altering the
Erecution of the Sentence of a Court of Jos-
lice in Cases of TVeason and Fekmy, 7 vol.
ISSd (note).— Discnssioii of tlie Question
wliether, in triminal Cases, the Execution
may vaiy from the Sentence, 11 vol. 376.—
Mr. Etnlyn eommends l^e practice of some
foreign Coumries that the Magistrate should
be present at the execution of a Sentence, and
give directions about ft, 1 voU. xxxyi. — I>»ssec-
tionj in Cases of Murder, forms part of the
Sentence, 18 vol.1201, 19 vol. 959.— It was
formerly the practice in Scodatad for t!he
Boomster or Executioner of the Owtt to
pronounce Sentence in capitatl Cases; it is
now ^eiiveml by 'fee piresiding Jiidge, and
afterwards read by the Clerk from "te ltoeord>
INDEX TO imma.
io vol. 1008.— In all Caies tt ISufdcr, ^
Sentence by the Common Law is the saiae;
and therefore, in Felton'sCase for stabbing
the Duke of Buckingham, the Court refused
to order the Prisoner's Hand to be cut off)
though required to do so by the King, S tok
372. — Discussion, in the Duchess of Kingston's
Case, whether a Sentence of Jactitation pro*
nounced by the Ecclesiastical Court upon a
'first Marriage, is a conclusive Answer to a
Charge of Bigamy upon the party's contract-
ing a second Marriage, 20 vol. 39l4-^Argii«
ment of Sir Edward Thurlow (Attorney Gene-
ral), in the Duchess of Kingston's Case, that
Sentences of peculiar Jurisdictions are not
conclusive Evidence of the facts Which vt
the foundation of them^ ibid< 448.
SERJEANT*
A Serjeant at Law may be compelled to bs
knighted, if it *be necessary for tne Defence
of the Realm, 3 vol. 929.'^It was formerly
part of a Serjeant's Oath| that as soon as be
discovered the falsity of his Cause, he would
.forsake it, 5 vol. 1093.— In former times s
Serjeant at Law had pre-audience of the Attor*
ney General, except on Motions for the King,
2 vol. 881 (note). — Remarks upon the Office
of King's Serjeant in early times, 19 toI.
1 139.--Of the probable reason of the mention
of the King's Serjeant in the Proclamation
before the commencement of a Criminal Trial,
ibid, ib.-— Mr. Spelman thinks that there was
formerly a King's Serjeant in every Couotf
for Pleas of the Crown, ibid, ib.
SERMONS.
Extraets from Htigh Latimer's Sermon on
the Execution of LoiS Seymour of Sudley* 1
vol. 506.— Dr. SaehevereU's celebrated Serawn
on the Pmis of False Brethren, 15 vol. 69.
SERVANT.— See Master and Servant.
SERVICES.
Mr. St. John's Account in his Argument in
the Case of Ship-Money, of the Services
reserved to th* King from Tentves of Uads
to edable him to defend theltealtt; ^ "f^A. M*
ShVim BISHOPS.
Trial of Dr. Witiiam Samsroft^ Aiehbifllop
of Canterbury, Dr. William Lloyd, ^^opf
St. Asaph, Dr. iVascts Taiaer, BiiiMp of ^
Dr. Jolm Lake, Bishop of Chk^estcr, ^
Thomas Kenn, Bishop «rBrth and WelK*'''
Thomas Whit€^ Bishop «f Peterborough, and
Sir Jonathan Trelawney, Bart. Bishopol
Bristol {tbe Seven Bidrops), at «l»« S^]
Bench Bar, for publi*ing a Seditious Libdj*
Jac. % leee, 12 vol. 183.--Chranger'sA<«««a:
of each of tt« BiAops who were the solf^
of this Triad, i%id. ib.— They are brought W®
tftie Tower mio the Court «tf fSng^ ^^IL
Habeas Coppwj fipxm tiie M^tton^^**
C!OMttMU0*3
THB 5TATB TBIALS.
d49
ioni«y Getienly IM« I80.^1%e Rctum tp dke
Habeas Coipat, ttatiog a CooimitflKBt by eer-
tain Lovds of the Privy Cduneil for a Seditious
libel, ibid. 1 93.---The Attorney General moTts
tKat tbfty may plead to an Informalion filed in
Court, ibid. 202.-*Tbe Cennsel for the Biibons
object that they are not regularly in Court for
the purpose of being cbarged with an Informa-
tion, aBd move for their discharge on the Insuf-
ficiency of the Eetum in npt stating that the
Commitment was by the Lords of the Council
in Council^ ibid. ib.-^The Court decide against
this O^eciion^ ibid. 217.— The Counsel for
the Bishops further object that^ being Peers
of the Bealniy they ought not to have been
committed for a Misdemeanour, ibid. 2 IB. —
The Court decide against this Objection,
ibid. 229.-^Mr. Justice Powell refuses to
g>e an Opinion without consideration! ibid.
.— TTie Information read, ibid, 231.— The
Connselfor the Bishops move for an Imparlance
till the next term, ibid. 240. — Discussion upon
this Motion, ibid, ib.— The Court decide that
they must plead instanter, ibid. 267. — ^They
offer to plead their Privilege as Peers, and that
they ought not to be called upon to plead in-
Manler, ibid* ib»-^The Court reject this Plea
•• ^ivoloQS (Mr. Justice Powell dissenting),
ibid. ^74.^Thiy plead severally not Guilty,
ibid. 37Jf*-^Tboy enter into Kocogniianoes to
appoar for Triali ibid. ib,«^peecb of the At-
tomoy General (Sir Thomas Powis) for the
ProBOcutioOy ibid. 280.— Evidence of the
Declaration for Liberty of CoD8cience» ibid.
263.<<^Proof vf the Petition of the Bishops,
ibid. 286.-^l^ections to the proof of the hand-
writing of the Bishops to the Petition, ibid.
296.— Objection that there is no Proof of a
Publication in Middlesex, ibid. 303, 320. —
The Court hold that there is not sufficient
Proof of a Publication in Middlesex, ibid. 343.
»^£videnoe given for the Crown of an Admis-
sion by the Bishops, of a publication in Middle-
sex, ibid. 344.-^£videnee of Lord Snnderland
to prove the Publication, ibid. 355.-^The Chief
Jnatice charges the Jury, ibid. 421.--^The
Chief Justice and Justice Allibone declare the
Pedtion to be a libel, Powell and HoUoway,
Jfuatiees, being .of a contrary opinion, ibid.
426.*»-The Jury find them Not Guilty, ibid.
490. — Public expressions of joy at their ac^
qttittal, ibid. 431. — Particulars of the pre-
sentation of their Petition to the King,
ibid. 458.^Artieles from Tanner^s MSS.,
eontidftlng some original Accounts i>elating
So this transaction, and the parties concerned
im. it, ibid. 493.-- Account of the CosU of
(bo Bishops in this prosecution, ibid. 514.
"«-M^ Prioe^s Account of this Trial in a Letter
to the Duke of Beaufort, ibid. 200 (no(^).
•^Mr, Ersicin^s Remarks upon this Trial in
bis Speech for the Dean of St. Asaph^ 91 vol.
996.
aarlef.
SHADWEU..
Trial of sui Action of Ejectment brought
against Lady Theodosia Jvy for the recovory of
an Estate at Sbadwelli 10 vol. ^I»5.
SHAM.
Roger North's Explanatioo of tbe neaning
of this Term when applied to the Plots in
his time; 9 vol. 1224 (note).
SHERIFF.
Argument of Lord Chief Juitice North, that
the Sheriff presides as a judicial o^cer in de«
daring the Majority at an Election for Mem*
bers of Parliament; 6 vpl. 1096.«-*Lonl Ellen*
borough expresses some doubt of thisdoctrino;
30 yol. 787.-^Account of the mode of electing
Sherifs for London in the Reign of Charles
the Second, 9 yol. 242; 869> 10 Tol. 359.-^
Ancient Statutes relating to tbe Appointmoot
of Sherifii; 16 vol. 1282,
SHIPS.
Proclamations of Charles the First respecting
the Flags to be exclusively used by Jong's
Ships, 3 vol. 829 (note).
SHIP MONEY.
The Case of Ship^Money, 13 Car. 1, 169T,
3 vol. 626. —The project of raising Money for
the Government by means of Ship-Money do-
vised by Attorney General Nov, ;bid. 828
(note). — ^The first Writ for Ship-Money to the
City of London, ibid. 830 (note). — Petition
of the City against it, ibid. 833 (note).—
Lord Keeper Coventry's Directions to tbe
Judges previously to the Summer Circuits in
1635, to prepare the public mind for the levy-
ing of Ship-Money, ibid. e^Tt — Similar Direc-
tions previously to the Lent Circuit in 1636,
ibid. 641.— The King's Letter to the Judges,
requiring their Opinion respecting the legality
of Ship-Money, ibid. 842. — Answer of the
Judges thereto, ibid. 844. — Sir John Finches
Account of tlie manner in which this Opinion
of the Judges was obtained, 4 vol. 4. — ^Tbe
Answer of the Judges to the King's Letter
ordered to be enrolled in the several Courts of
Justice, 3 vol, 845. — Mr. Justice Hutton says,
that his private Opinion was always against
the legality of Ship-Mopey, and that he signed
die Opinion of the Judges in favour of it only
for conformity, ibid. 1198.— Sir John Finch
confirms this Statement, 4 vol. 6, — Lord Claren-
don's Account of the injurious effect of the
Opinion of the Judges in favour of Ship-Money^
8 vol. 844 (note). — ^Record of the Proceedings
in the Exchequer Chamber in the Case of the
King V. John Hampden, commonly called the
Case of Ship-Money, ibid. 1306, 846.— Mr.
Salmon's Preface to the Case of Ship-Moner,
1 vol. xni,— First Day's Argument or Mr. St.
John for Mr^ Hampden, 3 vol. 856.-^Second
Day's Avgamest of Mr. St. John, ibid. 900.-*^
R 2
344
GENERAL INDEX TO
tMiflCfiu.
Pirst Day's Argument of the Solicitor General,
Sir Edward Littletop, for. the King, ibid. 923.
— Second Day's Argument of Sir Edward Lit-
tleton, ibid. 936. — ^Third Day's Argument of
Sir Edward Littleton, ibid. 952.— First Day's
Argument of Mr. Holborne for Mr. Hampden,
ibid. 963. — Second Day's Argument of Mr.
Holborne, ibid. 976. — ^Third Day's Argument of
Mr. Holborne, ibid. 989. — Fourth Day's Argu-
ment of Mr. Holborne, ibid. 1000. — First Day's
Argument of the Attorney General, Sir John
Banks, for the King, ibid. 1014. — Second Day's
Argument of Sir John Banks, ibid. 1032. —
' Argument of Sir Francis Weston, a Baron of
' the Exchequer, on delivering his Opinion for
Ibe King, ibid. 1065. — Argument of Sir
Edward Crawley, a Justice of the Common
Fleas, on delivering his Opinion for the King,
ibid. 1078. — ^Argument of Sir Robert Berkley,
a Judge of the King's Bench, on delivering his
Opinion for the King, ibid. 1087. — Opinion of
Sir George Vernon, a Justice of the Common
Pleas, for the King, ibid. 1125. — Notes of the
Argument of Sir Thomas Trevor, a Baron of
the Exchequer, on delivering his Opinion for
the King, ibid, 1125. — Argument of Sir George
Croke, a Judge of the King's Bench, on de-
livering his Opinion for Mr. Hampden, ibid.
I127.---Sir George Croke's Argument, as pre-
sented to the King, ibid. 1140,— Argument of
Sir William Jones, a Judge of the King's
Bench, on giving his qualified Opinion for the
Crown, ibid. 1181. — Argument of Sir Richard
Hutton, a Judge of the Common Pleas, on
delivering his Opinion for Mr. Hampden, ibid.
1191.— Opinion of Sir John Denham, a Baron
of the Exchequer, for. Mr. Hampden, ibid.
1201 .—Argument of Sir Humphrey Daven-
port, Lord Chief Baron, on delivering his
Opinion for Mr. Hampden, ibid. 1202, — Argu-
ment of Sir John Finch, Lord Chief Justice of
. the Common Pleas, on delivering his Opinion
for the King, ibid. 1216.— Lord Clarendon's
Notice of Finch's Argument, ibid. ib. (note).
— ^Aifgument of Sir John Brampston, Lord Chief
Justice of the King's Bench, on delivering his
Opinion for'^he King on the general question,
ibid. 1243.— Judgment of the Court of Exche-
quer given for the King, ibid. 1251.— -Form of
the Judgment as entered on Record, ibid. 1252.
— Lord Clarendon's Account of the popular
discontent^ excited by this Judgment, ibid.
1254 (note).— Debate in the House of Com-
mons respecting it, ibid. 1254.— Mr. Waller's
Speech, ibid. 1255. — Resolutions of the House
of Commons against Ship-Money generally,
and against the Conduct of the Judges in de-
livering their Opinions to the King in favour of
it, ibid. 1261.— These Resolutions delivered to
the House of Lords at a Conference, ibid. 1262.
—Mr. St. John's Speech on that occasion,
ibid. ib. — Speech of Mr. Hyde (afterwards
Lord Clarendon), at the Conference, ibid.
1282. — Articles of Impeachment delivered
against Sir Robert Berkley, ibid. 1283.— Ar-
ticles against the other Judges, ibid. 1301.
JCesQlHtioos gf tl^e Bo\ise of Lords against
Shipi-Money, and the conduct ofithe Judges,
ibid. 1299. — ^The Judgment of the Court of
Exchequer vacated in the House. of Lords,
ibid. 1300. — Speech of Mr. Waller on deliver-
ing the Articles of Impeachment against Mr.
Justice Crawley, ibid. 1301.
SHOOTING.
In Prosecutions on the Black Act or Lord
EUenborough's Act for maliciously shooting at
any person, it is not necessary to prove express
malice, 31 vol. 1044, 1047. — Nor is it neces-
sary to prove that the person charged witb
maliciously shooting had his face blacked, or
was otherwise disguised at the time of the com-
mission of the Offence, 16 vol. 745 (note).—
For a Trial under the Black Act for maliciously
shooting, see Arnold, Edward, 16 vol, 695.—
For a Trial on an Indictment under the Black
Act and Lord Ellenborough's Act jointly, see
Schofield, John, 31 vol. 1035.
SLANDER.-^See Libel;. Scandahm
Magnatum.
It was held in the Earl of Northampton's
Case, that if A publish that he heard B say
that C was a Thief, or a Traitor, and the fact
be so, A may justify, because he gives C a
means of Action against B, 2 vol; 864.— But if
A publish that he heard the Slander generally
without saying from whom, it is otherwise,
ibid, ib.— Precedents of Criminal Proceedings
against persons for slandering Judges, ibid.
1080. — Precedents of Prosecutions for Slander
of the King, 3 vol. 359. — Frequency of Prose-
cutions for Slander at the end of the Reign of
Charles the Second, 10 vol. 125 (note).
SLAVERY.
Mr. Hargrave's Argument for the discharge
of Sommersett, the Negro, on a Habeas Cor-
pus in the Court of King's Bench^ 20 vol. 23.
— General Observations on Domestic Slavery,
ibid. 25.— Difficulty of defining Slavery, ibid,
ib. — Properties usually incident to Slavery,
ibid. 26.— -The bad eflfects of Slavery, ibid, ib.
— Opinions of modern Writers in fevour of
Slavery, ibid. 27.— The origin and general law-
fulness of Slavery considered, ibid, ib.— Uni-
versality of Domestic Slavery amongst the
ancients, ibid. 33.— Decline of Slavery in
Europe, ibid. ib. — Revival of Domestic Slavery
in America, ibid. 34. — Arguments to prove
that the law of England will not admit of a new
Slavery, ibid. 35.— The Laws of England will
not permit a man to enslave himself by con-
tract, ibid. 49.— Examination of the Cases on
the subject of Slavery, since or just before the
extinction of Villenage, ibid. 50.— Report ^J
Cases in the Court of Session, deciding that
Slavery is illegal by the law of Scotland, ibw-
1 (note), 62.— Judgment of the Court of King «
Bench, that Slavery is not allowed by tlie Law
of England, ibid. 80.— Doubts whether Slavery
did oQt exist in Frjince ^fore the B^wlutioBi
CoNntm.]
THE STATE TRIALS.
245
ibid. 1369vi— ^aid to have been held bv the
I Court of King's Bench in the Case of Butts * v.
I Penny, that an Action of Trover would lie for
! Negro Slaves, heing Infidels, ihid. 51.— Mr.
1 Haigrave's Remarks upon this and other Cases
\ incur Law Books appearing to establish an
absolute right of property in the Master of a
Negro Slave, ibid. ib.
SODOMY.
History of the Law relating to this Crime, 3
Tol. 401 (note). — The person prostituting him-
s^f adjudged guilty of Sodomy, ibid. 422. —
Sodomy was not Felony at Common Law, ibid.
403, 409. — On a Charge of Sodomy, the
Prisoner cannot- demand to be bailed de jure
bat he may be bailed ex gratid, Lord Audley's
Case, ibid. 403. — Indictments for Sodomy,
ibid. 407. — For a Trial for tliis Offence^ see
Audley, MerWn, Lord, 3 vol. 401.
SOLDIERS.
The Billeting of Soldiers was one of the
Grievances complained of by the Petition of
Right, 3 vol. 223. — Discussion of the legality of
the King's keeping Soldiers in time of peace
for the Security of his person, 9 vol. 765.
SOLICITOR.— See Attorney.
SOLICITOR GENERAL.
It seems that in ancient times it was not the
business of the King's Solicitor to take a part
in Prosecutions for the Crown, 2 vol. 880. —
the Solicitor->General in the absence of the
Attorney-General, may file a Criminal Inform-
ation, 19 vol. 1102.— In Wilkes's Case, this
Opinion, was held unanimously by all the
Judges, ibid. 1127 ; see also 20 vol. 799.
SORCERY.— See Witchcraft.
SPEAKER.— See WiUianUy Sir WiUiam.
Authorities showing that the Speaker is
merely the organ of the House of Commons,
13 vol. 1421.
.SPECIAL JURIES.
Home Tooke's Animadversions on the mode
of striking Special Juries in Criminal Cases,
20 vol. 686.— If after a SpecialJury has been
strack, the Cause goes ofi'for default of Jurors,
DO new Jury can be struck, but the cause must
be tried by the Jury first appointed, Francklin's
Case, 22 vol. 980 (note), 983.
SPECIAL PLEADING.— See Pleading.
Mr. Emlyn's Censure of the nicety of Special
Pleading, 1 vol. xxiv.
. SPECIAL VERDICTS.
In Special Verdicts in Criminal Cases, the
Court never infer other facts from those found,
but judge Upon the facts found, and not on
the Evidence of tlie facts, Higgins's Case, 17
▼ol. 378. — Nature of a Special Verdict by
the Law of Scotland^ 19 vol. 241 (note).—
Reference to authorities to show that there may
be a Vetiife de novo after a Special Verdict i^
Criminal Cases, 17 vol. 380.
SPIRITUAL COURTS.— See Ecclesiastical
Courts,
STABBING.
Stat. 1 Jac. 1, c. 8, declaring it Felony
without Benefit of Clergy to stab a person not
having first struck, noi^having a weapon drawn,
so that the party stabbed dies within six
months, 18 vol. 304 (note).— It was held by
all the Judges in Lord Morley's Case, that this
Statute was only a Declaration of the Common
Law, 6 vol. 771. — Occasion of passing the
Statute, 18 vol. 305 (note).— Williams's Case
upon this Statute, ibid. 306 (note), — Buckner's
Case, ibid. 307 (note).— Throwing a Hammer
at a person, and killing him thereby, is not
within the Statute, ibid. 306 (note). — ^An In-
dictment on the Statute, ibid. 290.
STAGE-PLAYERS.
Proceedings in the Star-Chamber against
William Prynn for publishing a Book, called
Histrio-Mastix, against Stage-Players, 3 vol .
561.
STANDARD OF MONEY.
The English Standard of Money was first
introduced into Ireland in the 12th year of
King John, 2 vol. 119. — The first difference in
the Standard of English and Irish Money was
introduced in the 5th year of Edward the
Fourth, ibid. 120.
STAR-CHAMBER.
The Court of Star-Chamber had Jurisdiction
to try Attempts to commit Felonies, 2 voV
1042, 1046.— Mr. Emlyn's Observations upon
the Court of Star Chamber, 1 vol. xxxv. — Dis-
cussion of the Reasons for which the Court of
Star-Chamber was abblished, 17 vol. 752. —
Sir Edward Coke's Opinion of the Court of
Star-Chamber, ibid, ib.— Sir Thomas Mallet
considers it probable that this was the most
ancient Court of Justice in the Kingdom, ibid.
758.
STATE-OFFENCES. .
Lord Camden says, in the Case of Seizure of
Papers, that there is no distinction known in
the Law of England between State Offences
and Offences by the Common Law, 19 vol.
1073.
*
STATE-PROSECUTIONS.
In ancient times, and especially in the
Reign off Henry the Eighth, instances of ac-
quittals by Juries in State-Prosecutions are
extremely rare, 1 vol. 407. — It was held by the
Court in Hardy's Case, that in State-Prosecu-
tions, a Witness for the Crown cannot be called
upon to disclose the names of persons who have
given Information to Government of the Of-
fences in question, 24 vol. 753, 808, 816.— This
d46
6BNS1AL IKDEX TO
ItimaniU
Bttle was adhered to on Wfttson^t Tttal, 3S
vol 109.
STATE-TRIALS.
Mr. Emlyn's Account of the advantages to
he derived from Collections of State-Trials,
Em. Pref. 1 vol. xxii. — Mr. Hargrave*s Account
of the several Editions of the State-Trials, ihid.
xlvii.— Plan of Mr. Hargrave's Edition, ihid.
xlix.«-'Sute-Trial8 said to he no authority, 20
Tol. 682.
STATUTE OF TREASONS.— See Treason.
The Statute of Treasons, 25 Edw. 3, in the
original French, 5 vol. 972 (note).— The old
Translation, ibid. 974 (note).— Mr. Luders's
Translation, ibid. 975 (note).— The words *< by
people of their condition," in the Statute of
Treasons, held, in Sir Nicholas Throckmorton's
Case, to apply to the Witnesses, and not to
the Jury, 1 vol. 889. — It was said by the
Court in that Case, that divers Cases out of
the express Words of the Statute were Treason,
ibid. 891. — In Sindercome's Case, the Court
beld that the Statute was merely declaratory of
the Common Law, 5 vol. 848, ibid. ib. (note).
»-The Statute of Treasons is a declarative and
penal Law, and admits of no Constructions or
Inferences, 3 vol. 1473. — Mr. Luders's illus-
trations of the probable meaning of the terms
** compassing and imagining,'' in the Statute,
7 vol. 961 (note). — Remarks upon the intent
with which the Statute was passed, 9 vol. 699*
—See also Mr. Erskine's Speech in Defence of
Home Tooke, 25 vol. 268. — General Remarks
upon the several points of Treason declared by
the Statute, 26 vol. 723.— In Sir Walter
Raleigh's (^ase, the Judges held that the
Statute of Treasons was repealed, 2 vol. 15. —
Several of the Judges in Tonge's Case, held
that it was repealed by the Stat. 1 and 2 Philip
and Mary, c. 10, 6 vol. 227 (note).
STATUTES*— See IH^^smg Fewer.
Mr. Emlyn says, that continual usage is the
best Expositor of Statutes, Em. Pref.|l vol.
xxii. — Sir Robert Atkyns's Inquiry into the
King's Power of dispensing with Penal
Statutes, 11 vol. 1200.— Mr. Hargrave's Note
on this Subject, ibid. 1187 (note).— His Re-
ference to Treatises and Cases in illustration
of the Controversy, ibid. 1190 (note). — Ac-
quittal in a penal Statute means an Acquittal
by a Jury, and not a Pardon, Chetwynd's
Case, 18 vol. 327.-^The Court of King's
Bench is within the words of a Statute which
gives Jurisdiction to Justices of Oyer and
Terminer, Lord Sanquire's Case, 2 vol. 758. —
But Justices of the Peace are not, ibid, ib.—
Remarks and References on the effect of the
Preamble in explaining the meaning of a
Statute, 14 vol. lotl (note),— Arguments in
Mr. Justice Johnson's Case, respecting the
extent to which the Preamble may control the
tnactingpart of the Statute, 89 vol. 118^*-*
Statutes derogating ft6m the power of sub-
sequent Parliaments have no obligation, 6 vol.
122 (note).— It is said that the Custom of pre-
fixing Titles to Statutes first began in 1488,
16 vol. 743 (note).— The Title is no part of the
Statute, ibid. ib.-^In ancient times Acta of
Parliament were reduced into form by the
Judges, ibid. 1389. — A Question raised whe-
ther an ancient Statute is to be proved by the
Parliament Roll, or by the Statute Rolls
amongst the Records in the Tower, ilud.1388.
— It is as mueh the department of a Judge to
interpret the meaning of a Statute as to declare
the Common Law, 25 vol. 726.
STERLING.
Discussion on the origin and derivation qf
theTerm, 2 vol. 121.
STEWARD.— See Eigh Steward.
STRIKINQ IN COURTS.
Detail of the Preparations for the Execution
of the Judgment against Sir Edmund Knevet
for Striking in the King's Palace, 1 vol. 443.
— Collection of Precedents of Proceedings for
the Offence of Striking in Courts, 27 vol. 969.
— Mr. Fergusson's Argument that Striking in
a Court of Oyer and Terminer, and not in or
near a King's Palace, is not the Offence to
which the specific punishment of cutting off
the right hand is applied, 27 vol. 972.
SUBJECT.— See Alien ; Fostnati.
A British Subject taking a Commission from
a foreign Power, and committing High Treason,
may be punished as a Subject for that Treason,
notwithstanding his foreign Commission, Mac-
donald's Case, 18 vol. 859.^^Discu8sion whe-
ther in an Indictment for Treason, it is neces-
sary to lillege expressly that the accused was
a subject of Great Britain, 26 vol. 819.
•
SUBORNATION OF PEflJURY.
Indictment for Subornation, 7 vol.884 (note).
— For a Trial for this Offence, see Tasborovgh,
JohUi ibid. 881.
SUBPCENA.—See Witnena,
SUBSCRIPTION.
Doubts respecting the legality of subscrilH
ing Money for the Defence of Government in
times of emergency without the authority of
Parliament or the King's Licence, 15 vol.1418
(note). — Lord Hardwicke ^ays that such doubts
have no foundation in Law, ibid. ib.
SUBSIDIES AND FIFTEENTHS.
Mr. St. John*s Argument in the Case of
Ship-Money, that these Taxes were levied as
well for the Defence of the Realm in times of
extraordinary Danger, as for the ordioary
Defence of the Sea, 3 vol. 875.
fliif—r(!.3
THB STATE TftlALS.
847
6UFFftAG&
Anvti^ent to show that Unir^nid fSvfTrage
fff Memben of F«rliameiit never prerailed
tHber ia England or Scotland, 33 vol. £6.
SUMMING up EVIDENCE,
Instances in Lord Mansfield's time of a
Defendant's Counsel ia Cases of Libel being
permitted to 9um up^ as welt as to open the
Evidence for the Defence^ ^0 vol, Q35^ 885^
099*
SUMMONS.
I^]r4 Cl^uiceUor Juries says, io Lord
])elaiiken^'« Case, ^t the Peers are convened
ep 9L TH»l IP Mbu» Coivt pf the Lord High
Stew«r4 by the ^umwonp ^ tl^e {iiigh Siteward,
H y^L 5$i,^n (he C^e of ^e Cpuntess of
S^pierii^ Urn 3um«u)ns was ^igni»d hy the
loti» aiij» CfmDcil, % vol. 94^1.
SUNDAY,
Instance ip 1553^ of Sessions being MA in
Imion on a Sunday, 1 ypl. 763.
SUPPLIES.
Mr* St. Jdui'n Account, In his Afgomeni In
die Caae of i9iip«MoDey, of the n^ans with
whii^ the Constitution has intrusted the King
of England 6>r raising supplies for the Defence
ef &e fiealm, 3 vol. 865.
SUPEEMACY,
Proceedings against various persons in the
Eeiga of Henry the Eighth, for denying the
King's Supremacy^ 1 vol. 469. — ^Summary of
the Statutes at present in force respecting the
omit^Qg to take the Oaths of Allegiance and
Siipremeicy, 6 vol. 301 (note),
SURETY^— See B(tU.
Discussion in the Case of the Seven Bishops,
whether publishing a Libel is a Breach of the
Peace for which Sureties of the Peace can be
re<juired, 12 vol. 224. — Lord Camden, in the
Case of John Wilkes, seems to have been of
Opinion that Sureties of the Peace cannot be
re()uired from a Libeller, 19 vol. 993. — Rea-
sons in favour of Lojrd Camden's Opinion in
tbp celebrated Protest in the House of Lords
against the Resolutions of the House upon the
subject of Privilege, occasioned by the Case of
Jdhn Wilkes, ibid. 996.— Opinion of the Judges
in the If ouse of Lords in the Case of Hart and
^hite, that the Court of King's Bench has the
power of requiring Sureties for Good Behaviour
for a reasonable time from persons copvicted
of Crimes in that Court^ 30 vol. 1334.
SUBGEON.
A Burgeon has no Privilege to decline I
Uiwering Questions in a Court of Justice, |
respecting facts which bav< come ie U$ know-
ledge tin professional confidence^ Duchess of
Kingston's Caie, 20 vol. 573t
SURRENDER.
In Sir Thomas Armstrong's Case, Chief
Justice Jefferies refused to accept the Prisoner's
Surrender in Court, in order to entitle himself
to the benefit of the Statute, 5 and 6 Edw. 6,
c. 11, 10 vol. 110.— In Johnson's Case, in
1728, a similar Surrender was made, and the
Court said they were bound to accept it, and
that Armstrong's C«»e was a Precedent oot fit
to be followed, ibid. Ill (note).
TALES.
Upon a defhult 6f Jurors op a Trial for
Pelony before Commissioners of Oyer and
Terminer, there may be a Tales, but not before
Commissioners of Gaol Delivery only, 13 vol.
322, 326. — Reason of this distinction, ibid.
326. — On the Trial *of Appeals and Indict-
floente nenoved into the Court of King^p Bench,
a Tales may be awarded, ibid* ib,
TAXES.
Mr. Hargrave's Remarks on the power of
the King of England to impose Taxes by
Prerogative, in his Introductory Note to the
Case of Impositions, 2 vol. 371. — ^The Case
of John Bates in the Exchequer, commonly-
called the Great Case of Impositions, respect-
iflg the Prerogative of the King to impose
Taxes on Merchandize imported into £ng«
land, wiUiout the Concurrence of Parliament,
4 Jac. 1, 1606, ibid. 382.— Baron Clark's Ar-
gument in that Case, for the Prerogative,
ibid, ib.— Chief Baron Fleming's Argument
on the same side, ibid. 387.— Sir Francis
Bacon's Argument in the House of Commons
for the Prerogative^ ibid. 395.— Sir John
Pavis's Argument on the same side, ibid.
399,— ]VIr. Hakewill's Argument against the
Prerogative, ibid. 407.— Mr. Yelverton's Ar*
gument against it, ibid. 477.— The Imposition
of Taxes by Prerogative was one of the subjects
of complaint in the Petition of Grievances
presented by the Commons to James the First,
in 1610, ibid. 521.— Mr. Hargrave's Reference
to Writers on the subject of Taxing by Pre-
rogative, ibid. 381.— Lord Hale's Opinion on
this Prerogative, ibid. 379.— Discussion in
the Case of Ship-Mooey, of the power of the
King to impose Taxes upon his Subjects with-
out the concurrence of rarliament, 3 vol. 656.
— ^Difference between a Conquered Country
and a Colony, with respect to the power of
the King to impose Taxes on the Inhabitants,
20 vol. 326.— Full Discussion in the Argument
of the Case of the Island of Grenada, respecting
the power of the King to impose Taxes ou a
conquered Country, ibid. 258*
TENURES.
Mr. St. John's Aeeount^ in his Ai^ameat in
348
GENERAL INDEX TO
[MisaEZitr*
the Case of Ship-Money, of the Services re-
served by Law to the King of England, from
Tenures of liOnds, for the purpose of enabling
him to defend the Realm, 3 vol. 865.
TEST ACT.
The Stat. 25 Car. 2, c. 2, commonly called
the Test Act, 11 vol. 1185 (note).
TESTE.
Alteration of the Teste of Writs, Commis-
sions, &c. upon the assumption of the Protec-
torate by Cromwell, 5 vol. 480 (note). — Dis-
cussion in Tutchin's Case, whether an Error in
the date of the Teste of a Distringas Corpora
Juratorum, can be amended by the Roll, 14
vjoI. 1135. — ^The Court of King's Bench are
equally divided in opinion on the question,
ibid. 1187.
THEFT.— See Larceny.
Mr. Emlyn's Remarks on the Punishment of
Theft, Em. Pref. 1 vol. xxxii.
THEN AND THERE.
Discussion in Lowick's Case respecting the
necessity of repeating the words " then and
there," at the allegation of each part of the
Charge in an Indictment, 13 vol. 267.^
THREE NON-JURING CLERGYMEN.
See Cook^ Shadrach,
THRESHERS.
Proceedings under a Special Commission for
several Counties in Ireland for the Trial of
persons engaged in an unlawful Association,
called Threshers, 47 Geo. 3, 1806, 30 vol. 1.—
Chief Justice Downes's Charge to the Grand
Jury of the County ofSligo, ibid. ib. — ^Trial of
John M*Donough and William Kearney,
ibid. 5. — Speech of the Attorney General for
the Prosecution, ibid. ib. — Evidence for the
Prosecution, ibid. 14. — Evidence for the De-
fence of Tii*Donough, ibid. 29. — Evidence
for the Defence of Kearney, ibid. 46. — ^The
Jury acquit both the Prisoners, ibid. 58. —
Trial of Thomas Brennan, ibid. ib. — Evidence
for the Prosecution, ibid. 60. — Evidence for
the Prisoner, ibid. 65. — ^The Jury find him
Guilty, ibid. 81. — Mr. Baron George's Charge
to the Grand Jury of the County of Mayo,
ibid. 83. — ^Trial of James M*Phadeen, ibid.
85. — Evidence for the Prosecution, ibid. 86.
— Evidence for the Prisoner, ibid. 92. — The
'Jury acquit him, ibid. 97. — Trial of CollFlynn
and eleven other Threshers, for the Murder of
Thady Lavin, ibid. 97. — Speech of the Solicitor
General for the Prosecution, ibid. 98. — Evi-
dence for the Prosecution, ibid. 106. — Evidence
>. for the Prisoners, ibid. 11?;.— Eight of them
are found Guilty, and the rest kre acquitted,
ibid. 123*— Sentence oC Death. i? passed upon
those convicted, ibid, 153.— -Trial of Patrick
Hargedan, ibid. 124^-r-Evidence for the Pro-
secution, ibid. 127. — The Jury find him
Guilty, 'but recommend him to mercy, ibid.
131.— Trial of John Early, ibid. 131.— Evi-
dence for the Prosecution , ibid. 1 32. — EvideDce
for the Defence, ibid. 138. — ^He is found
Guilty, ibid. 144. — ^Trial of James Mame,
Richard Murphy, and James Clenane, ibid.
145. — Evidence for the Prosecution, ibid. ib.
— Evidence for the Defence, ibid. 150. — ^The
Jury find them Guilty, but recommend them
to mercy, ibid. 152. — Sentences passed upon
the several convicted Prisoners, ibid. 153. —
Proceedings under the Commission for the
County of Leitrim, ibid. 158. — ^Trial of James
Fergusson, Michael Grant, and James Connell,
ibid. 159. — Speech of the Solicitor Geneftl for
the Prosecution, ibid, ib.— Evidence for the
Prosecution, ibid. 166.-^Evidence for the
Prisoners, ibid. 171. — ^The Jury find them
Guilty, ibid. 175. — ^They are sentenced to
Transportation for Life, ibid. 176.— Proceed-
ings under the Commission for the County of
Longford, ibid. 176.— Trial of Thomas Pitz-
simons, Patrick Coyle, James Kilbride, and
Patrick Coyle, ibid . 1 77. — ^Mr. Serjeant Moore's
Speech for the Prosecution, ibid. ib. — Evidence
for the Prosecution, ibid. 183.; — Defence of
the Prisoners, ibid. 189.— Evidence for the
Prisoners, ibid. 190. — ^The Jury find them
Guilty, ibid. 195. Trial of Patrick Wren,
ibid. ib. — Evidence for the Prosecution, ibid.
196. — ^The Jury acquit him, ibid. 207. — Trial
of Peter Morris, ibid. ib. — Evidence for the
Prosecution, ibid. ib. — Evidence for the Pri-
soner, ibid. 214. — The Jury find l^m Guilty,
ibid. 218. — ^Trial of Farrel Blaney, arid Thomas
Donoughoe, ibid. ib. — ^They are acquitted,
ibid. 222. — Sentences of the convicted Pri-
soners, ibid. ib. — Proceedings under the
Commission in the County of Cavan, ibid.^ ib.
— ^Two Prisoners tried, one of whom is ac-
quitted, and the otherconvicted and transported
for seven years, ibid, ib*
TIME.— See Indktment^PUa^ng.
Time is laid in an Indictment merely for
form, and a variance between the time alleged
and that proved, is immaterial. Lovers Case,
5 vol. 233. — Sir Henry Vane's Case, 6 vol.
131 : see also what is said by Lord Hoh in
the Case of Charnock, King, and Keyes, 12
vol. 1398. — No Indictment can be good unless
it charges tlie Offence to have been committed
on a certain day and year, 13 vol. 275 (nqle).
— ^The Reason assigned for this Rule, is the
necessity of stating some day to which, in
Treason and Felony, the forfeiture may relate,
l5 vol. 880. — In Impeachments it is not neces-
sary to lay the offence on any particular day,
ibid. 876. — A Month in law means a lanar
Month, unless otherwise expressed, 20 vol.
1283 (note). — In a Criminal Libel, by the Law
of Scotland it is only necessary to set forth the
main ^t lyitK c<eruia|y Q3 to time and plac«;
CasTginn.']
THE STATE'TRIALS.
249
the circumstances need not be so stated^ 19
▼ol. 10 (note).
TITLE.— See Peers.
In the £arl of Shrewsbury's Case, an Act
of Parliamenty taking away the possessions and
hereditaments annexed to a Title, was held to
take away the Title itself, 2 vol. 741. — ^A Peer
cannot divest himself of his Title, nor can it be
taken from him, except by Act of Parliament,
Attainder of his Person, or Scire Facias to
repeal his Letters-Patent. Earl of Banbury's
Case, 12 vol. 1195. — A Title of Honour cannot
he taken away without the King's Consent,
ibid. 1196. — Lord Holt says in the Earl of
Banbury's Case, that Titles of Honour began
to be created by Letters Patent in the time of
Richard the Second, 1 2 vol. 1 200.-«Mr. Cruise's
Summary of the effects of Attainder on Titles,
19 vol. 979.
TOLERATION.
The Toleration Act, 1 Will, and Mary, 15
vol. 309. — One of the Charges against Dr.
Sacheverell was his denying the reasonableness
of the Toleration Act, ibid. 38.
TOLL.
Mr. Hakewill's Account of the derivation of
the word Toll, in his Argument in the Great
Case of Impositions, 2 vol. 459.
TONNAGE AND POUNDAGE.
Mr. St. John's Argument in the Case of
Ship-Money, that Tonnage and Poundage,
before they were granted to the King by
Statute, were not only raised for the ordinary
Defence of the Sea, but were also intended
for Defence on sudden occasions of extraor-
dinary Danger, 3 vol. 87^.
TORTURE.
Mr. Emlyn says that Torture is not allowed
by the Law of England, Em. Pref. 1 vol. xxv,
2 vol. 774 (note). — Lord Coke, in the Trials of
the Earls of Essex and Southampton, and in
the Countess of Shrewsbury's Case, seems to
express a contrary opinion, ibid. ib. — Instance
of the application of the Torture in the Reign
of James the First, ibid. 871. — It was agreed
by all the Judges in Felton's Case in 1628, that
no such Punishment is known or allowed by
the Law of England, 3 vol. 371. — It was
. said by Baron Weston on the Trial of Eliza-
beth Cellier, that no person had suffered Tor-
ture in England since Campion the Jesuit, 20
Eliz., 7 vol. 1205. — But see Peacham's Case,
2 vol. 871. Instances of the application of
the Torture in Scotland, 6 vol. 1217 (note), 10
vol. 691 (note). — Account of the Instruments
of Torture formerly used in Scotland, ibid. ib.
(note).— Account of SpreuU's Examination
under Torture in Scotland^ ibid. 730. —
Mackenzie's Observations on the use of Tor-
ture in Scotland, 10 vol.751 (note) .•^Proceed-
ings in a Case in Scotland in which the Tor-
ture was applied, in the Reign of William
the Third, ibid. 753 (note). — It seems that by
the Law of Scotland Witnesses might be tor*
tured if they hesitated or prevaricated in giving
their Evidence, ibid. 727 (note).— Discussion
respecting the effect of a denial of a crime
under Torture, in protecting the accused from
further Prosecution, ibid. 757. — Extracts from
Treatises on Spanish Jurisprudence, to show
that the Torture is authorized by the Law of
Spain, 30 vol. 484, 541 .—Observations and
Authorities showing the illegality of Torture by
the Law of England, collected by Mr. Nolan
in his Argument in the Case of Governor
Picton, ibid. 892. — Distinction between the
Peine fort et dure and Torture, ibid. 895. .
TRADE.
Discussion in the Case of the East India
Company v. Sandys, respecting the power of
the King of England by his Prerogative to
restrain his Subjects from trading with fo-
reigners, or to grant exclusive Licences for
such trading, 10 vol. 371 .^Mr. Holt]s Argu-
ment in support of the Prerogative, ibid. ib. —
Sir George Treby's Argument in the same
Case, against the Prerogative, ibid. 383. —
Argument of the Solicitor General (Finch) in
support of it, ibid. 405. — Mr. Pollexfen's Ar-
gument against it, ibid. 414. — Authorities
cited By him to show that by the Common Law
Trade is free to all the King's Subjects, ibid.
421.— Sir Robert Sawyer's Atgument in sup*
port of the Prerogative, ibid. 457. — His Ac-
count of the Restrictions imposed by the Law
of England oh inland and foreign Trade, ibid.
458. — His Argument that the Common Law
gives no absolute Right to British Subjects to
trade with Foreigners, ibid. 460. — Mr. Wil-
liams's Argument in favour of the Right of
British Subjects to a free Trade, ibid. 500. —
— Chief Justice Jefferies's Argument in sup-
port of the King's Prerogative to restrain his
Subjects with respect to inland and foreign
Trade, ibid. 523.
TRANSPORTATION.
Of the difference between Transportation
and Banishment, 23 vol. 794\— Arguments that
Transportation and Banishment are not dis-
tinct species of Punishment by the Law of
Scotland, ibid. 861, 866.
TRANSUBSTANTIATION.
Doctrines of the Lollards concerning Tran-
substantiation, 1 vol. 166, 193, 233.
TREASON.
See Adhering to the Kin^s Enemies — Compassing
the King's Death — Levying War — Statutfi of
Treasons,
peculiar Advantages given by the Lsw of
MO
GENEfiAL INDEX TO
lUwtmM:
England to ptnons aeeased of High Treason,
Bm. Pref. 1 ?oL izTi,«-8onie of tbase Advan-
tages enumerated, ibid, xxviii^ — ^Mr. Erekine'i
iUlttuon to these Advantages, in his Speech in
Defence of HadEeld, 37to1. 1808.— In Sir Wm.
Stanley's Case, his saying that ** if he knew
Perkyn Warbeck to be the Son of Edward the
Fourth, he would not bear arms against him,''
was held to be Treason, 1 vol. 282. — ^Lord
Bacon says that the Judgesin that Case " thought
it dangerous to hold that if$ and andi should
qualify Words of Treason, and would not
admit of Treasons on condition,** ibid. ib.«--
Sir Nicholas Throckmorton's Allusion to the
distinction between Words and Acts in Cases
of Treason, established by the Stat. 1 £dw. 6,
0. 12, s. 82, ibid. 805. -«It was held Hi^h
TVeason in Owen's Case in 1615, to maintain
that the Ring being excommunicated by the
Pope, might lawfully be killed, 2 vol. 882.—
It was resolved at a meeting of all the Judges
in 1^28, in |Iugh Pine's Case, that no Words
can amount to Treason, except by some par-
ticular Statute, 3 vol. 368. — But Words spoken
may constitute an Qvert Act of Treason, 5 vol.
983. — Mr. Estst says that it is now settled that
mere Words, not referring to any act or design,
are not Overt Acts of Treason, 22 vol. 480
(note). — Lord Strafford's Remarks upon the
danger of allowing Constructive Treasons, 3
Tol. 1466.— The Statute of Treasons is a de-
clarative and penal Law, and admits of no
Constructions or Inferences, ibid. 1473. — Mr.
Luders's Strictures upon the Doctrine of Con-
•tractive Treason, as laid down in the Cases of
Messenger, and of Dammaree and Purchase,
6 voU 902 (note), 15 vol. 522 (note). — Mr.
Erskine*8 Argument against Coostractive
Treasons in his Defence of Hardy, 24 vol. 877.
— Mr. Wetherell's Notice of the Cases estab-
lishing the Doctrine of Constructive Treason
in his Defence of Watson, 32 vol. 431 ; See
also the Arguments of Mr. Cross and Mr.
Denman, in Defence of Brandreth on his Trial
for High Treason, ibid. 865, 889.— Mr, Heme's
humorous Remark on the Doctrine of Accumu-
lative Treason in Archbishop Laud's Case, 4
vol. 586 (note).— Mr. Justice Blackstone's
Remark on the necessity of a distinct Defini-
tion of Treason, 11 vol. 622 (note).— Statutes
providing for the Trial of Treasons committed
out of the Redilm, 1 vol. 439 ; see also 4 vol.
664 (note). — An attempt to marry a person
claiming present Title to the Crown adversely
to the reigning Sovereign, said in the Duke of
Norfolk's Case, to be an Overt act of High
Treason, in the Article of Compassing the
King's Death, 1 vol. 1003. — If several persons
conspire to commit Treason in a particular
manner, and some of them execute it in ano-
ther manner, yet the Acts of the latter are the
Acts of all by reason of the general intent,
ibid. 1412.— It was resolved at a Meeting of
the Judges in 1663, that if several persons
conspire to levy War, and only some of them
appear in arms, it is Treason in all, 5 vol. 983.
—It «a« held by the Jndges in Sir Christopher
Blmit's Case, that if ftreral penont intend
Treason, and are accompanied and assisted im
any treasonable Act by others not privy to the
principal Treason intended, it is Treason in
all, ibid. 1422. — It >?as said in Sir Nicholas
Throckmorton's Case, that procuring another
to commit Treason, is Treason in the Pro«i
curer, ibid. 891. — If a person accidentaHj-
hears the conversation of Traitors, and knows
of their design, without in words or conduct
approving of it, this is not Treason, but Mis«
prision of Treason, Tonge's Case, 6 vol* 226
(note) ; see also 5 vol. 985. — But Chief Justice
Pemberton says in Walcot's Case, that if a man
IS present at a Consultation where Treason is
hatched, and then conceals it, he is Guilty of
Treason, 9 vol. 553 ; See also as to the distinc-
tion between Treason and Misprision of
Treason, Sir B. Shower's Remarks on Lotd
Russels Case, ibid. 716. — Lord HoU says
in Ilookwood*s Case, that consenting to a
traitorous design is an Qvort Act of Treason,
and that being present at a Consultation about
killing the King, and not revealing it, ia strong
Evidence of such consent, 13 ?ol. 208.*^>i-C)H8f
Justice Parker, in Dammaree's Ca9Q» says
that voluntarily joining with Rebels ii^ any
act of Rebellion, though the party be igno-
rant of the intent, is High Treason within
the Statute of Edward the Third, 15 vol.
701, 702. — It was said in Argument m the
Duke of Hamilton's Case, that if Alien
Enemies join with English Rebels and aie
taken, the Aliens shall be tried by Martial
Law, or ransoiped ; but if Alien Fnends so
join, it is Treason in all, 4 vol, 1182. —
Opinion of the two Chief Justices and the
Chief Baron on the Trials of the Earls of
Essex and Southampton in the House of Lords,
that when a Subject attempts to put himself
into such force that the King may not be able
to resist him, and thus to compel him to
govern otherwise than he wishes, it is High
Treason in the Articles of Levying War
and of Compassing the King's Death, 1 vol.
1355. — If a Subject continue an armed Power
after the King has cpmmanded him upon his
Allegiance to dissolve it, it is High Treason,
ibid. 1337. — The Law intends the Compassing
the Death and Deprivation of the King as a
necessary consequence of a Rebellion against
his authority, as foreseeing that a Rebel will
not suffer him to live, who might punish his
Treason, ibid. 1355.--*Mr. Luders's Illustration
of the probable meaning of the words Coa^
passing and Lnagmng in the Statute of
Treasons, 7 vol. 961 (note).— On the Arraigs-
ment of Sir Christopher Blunt and others.
Chief Justice Popham declares that if a Sub-
ject attempts forcibly to overrule the Royal
will, the Law intends the Compassing the
Death of the King, judging not of the feet by
the intent, but of the intent by dit;. fact, ibid.
1410, 1417 (note).-*-By the Law of NaUoBS, if
an Ambassador compass the Death of the King
in whose Country he is, it is Treason, but it is
otherwise, if he commits any other kiod of
THE STATE TRIALS.
S51
tfkwMODy % YoL 881*—- An attempt to imprison
tlie Sing, though his Death be not intended,
is High Treason in the Article of Compassing
Im Death, WiUiams*-s Case, ibid. 1087.—Mr.
Ecakine's Argument in his Defence of Hardy
on the nature of the offence of Compassing the
Sing's Death, 24 toI. 894.— On the Trial of
Skidercome for Treason against Oliver Crom-
well, dnriog the Protectorate, the Court held
diat Compassing the Death of the Chief Ma-
gistrate, by whatever name he is called, is
High Treason, 5 vol. 848.— It was resolved at
a meeting of the Judges in 1663, that a Con-
spiracy to ,levy War, though War be not ac-
tually levied, is an Overt Act of Compassing
the King's Death, but that such a Conspiracy
is not Treason in the Article of Levying War,
ibid. 984; see also 13 vol. 61, 23 vol. 1194.—
In Layer's Case this was said by the Court to
have been decided a hundred times, 16 vol.
312. — See Mr. Anstruther's Argument on the
Trial of Robert Watt, 23 vol. 1194.— It was
also resolved at the meeting of the Judges in
1663, that if War be actually levied, the parties
may be indicted for Compassing the King's
Death, and the Levying War may be laid as
an Overt Act, 5 vol. 984. — Lord Mansfield
says in Dr. Hensey's Case, that Levying War
is an Overt Act of Compassing the King's
Deatfa, 19 vol. 1334.— In Sir Henry Vane's
Case, the Court held that the Consultation and
advising together of the means of destroying
the King and the Government, is an Overt Act
«f Compassing the King's Death, 6 vol.122. —
The same point was resolved at a meeting of
the Judges in Tonge's Case, ibid. 225 (note).
—The Court hold in Sir William Parkyns's
Case, that a Conspiracy to invade the Realm,
or to depose the King, are Overt Acts of High
Treason in the Article of Compassing the
King's Death, 13 vol. 110, 113; see also the
language of Lord Holt in Sir John Friend's
Case, ibid. 61 ; and of Chief Justice Eyre in
Home Tooke's Case, 25 vol. 725. — Lord El-
lenborough adopts {bis Doctrine as undoubted
Law in Watson's Case, 32 vol. 579. — Mr.
Justice Buller says in Delamotte's Case, that
the sending intelligence, or collecting intelli-
gence for the purpose of sending it to an
Enemy, in order to enable him to annoy us, or
to defend himself, is Treason, both in the
Article of Compassing the King's Death, and
Adhering to his Enemies, 21 vol. 808. — Lord
Holt says in Sir William Parkyns's Case, that
a Conspiracy to invade the Realm, or depose
the King, is an Overt Act of High Treason in
the Article of Compassing the King's Death,
13 vol. 110, 113.— It was also resolved at the
meeting of the Judges in 1663, that if several
persons conspire to levy War, and only some of
them appear in arms, it is Treason in all, 5
▼ol. 983.— In Twyn'i Case the publishing a
Book, inciting the People to Rebellion, was
held to be an Overt Act of High Treason in the
Article of Compassing the King's Death, 6
vol. 513 (note).— Mr. Justice Foster's Remarks
upon the different kinds of Insurrections which
amount to High Treason, 01 voU 490.--*-Et«iy
Conspiracy to levy War for the purpose of
dethroning or imprisoning the King, or to
oblige him to remove Councillors, or to alter
his measure of Government, is an Overt Act of
Compassing the King's Death, ibid. ib. — ^Lord
Mansfield, in hi^ Charge to the Jury on the
Trial of Lord George Gordon, says that the
Court of King's Bench were unanimously of
Opinion, that an attempt by a multitude to
force the repeal of a Statute was a levying of
War and Treason, 15 vol. 527 (note), ibid. 606
(note), 21 vol. 644. — Lord Holt says, in Sir
John Freind's Case, that, if persons assemble
together, and act with force it^ opposition to
some Statute, intending thereby to get it re-
pealed, this is a Levying of War, though the
bare design to do so would not be Treason,
13 vol. 61. -^Insurrections for public and
general purposes amount to Levying War
within the Statute of Treasons, 21 vol. 490.
— Every Conspiracy to Levy War for these
purposes is an Overt Act of Treason in the
Article of Compassing the King's Death, ibid,
ib. ; see also 33 vol. 684.-— It was resolved by >
all the Judges in Messenger's Case, that an
Insurrection with intent to pull down Bawdy
Houses in general, or to break open Prisons in
general, and let out Prisoners, was a Levying
War within the Statute, 6 vol. 901.^— In the
Cases of Dammaree and Purchase, it was held
that an Insurrection for the purpose of pulling
down Meeting-Houses after Dr. SachevereU's
Trial, was a Levying War, 15 vol. 605.—-
Mr. Luder's Observations on the Doctrine of
Constructive Levying War, as contained in
the Cases of Messenger and Dammaree, 6
vol. 902 (notp), 15 vol. 522 (note).— Lord Hale
says that in order to constitute a Levying of
War amounting to High Treason, there must
be a Spedet Belli, 15 vol. 525 (note).— Hold-
ing a Castle or a Fort against the King or
his Troops, if actual Force be used to keep
possession, is Levying War, 24 vol. 260
(note). — Discussion whether a mere Detainer,
by shutting the Gates against the King or
his Troops, without any other Force from
within, be a Levying of War, ibid. ib. — If the
Rebel Subjects of a foreign Prince, who is
at amity with Great Britain, invade England
without a Commission from their Sovereign,
they are Enemies of the King of Ghreat Britain,
and/ British Subjects adhering to them are
guilty of High Treason, Duke of Norfolk's
Case, 1 vol. 1030.— Assisting a Government
hostile to England, in making War upon an
Ally of England, is Adhering to the King's Ene-
mies within the Statute of Treasons, Vaughan's
Case, 13 vol. 530. — Sending supplies orintelli^.
Igence, or rendering any assistance to a hostile
Force designing an Invasion of England, is
High Treason in the article of Adhering to the
King's Enemies, ibid. 531.— Mr. Justice
Foster says, that in Gregg's Case the Judges
were of opinion that the sending Intelligence
to Enemies, though it be intercepted before it
reaches them, is an Overt Act of Adhering
fan
GENERAL INDEX TO
[Mnesxiir^
and that thii Opinion was adopted by the
Court in Hensey's Case, 14 toI. 1376, 19 toI.
1344. — See also the Case of Thomas Howard,
Duke of Norfolk, 1 vol. 957.— In the Cases
of Gregg & Hensey, the writing treasonable
Letters, which were stopped at the Post Office,
was laid as an Overt Act, both of Compassing
the King's Death and Adhering to his Enemies,
14 vol. 1376 (note).—- A British subject taking
a Commission from a foreign Power, and com-
mitting Treason, may be punished as a Subject
for that Treason, notwithstanding his foreign
Commission, Macdonald's Case, 18 vol. 859.
— On an Indictment for High Treason in
sending intelli|;ence to Enemies, a Letter sent
by one of several Conspirators in pursuance
of a joint design, is Evidence against all con-
cerned in the Conspiracy, 25 vol. 1268, ibid.
1277 (note).-'In Sir Walter Raleigh*s Case,
the Court held that two Witnesses were not
necessary in Treason, and that the Statute of
Treasons and the Stat. 1 Edw. 6, c. 12, s. 22,
were repealed, 2 vol. 15. — Several of the
Judges, m Tonge's Case, were of opinion that
these Statutes were repealed by the 1 and 2
Phil, and Mary, c. 10, 6 vol. 227 (note).— The
Statute of Treasons 25 Edw. 3, in the original
French, 5 vol. 972 (note). — ^The old transla-
tion, ibid. 974 (note).—- Mr. Luders*s Transla-
tion, ibid. 975 (note).—The Words "by
people of their condition," in the Statute of
Treasons, held in Sir Nicholas Throckmorton's
Case to apply to the Witnesses, and not to
the Jury, 1 vol. 889. — It was said by the
Court in that Case, that divers Cases out of
the express words of the Statute were Trea-
son, ibid. 891.— In Sindercome*s Case the
Court held, that the Statute of Treasons was
merely declaratory of the Common Law, 5 vol.
848, ibid. ib. (note). — Remarks upon the in-
tent with which the Statute of Treasons was
passed, 9 vol. 699. — Sir Robert Atkyns's Re-
marks on the several Treasons declared by
the Statute, ibid. 727.— See also Mr. Erskine's
Speech in defence of Home Tooke, 25 vol.
268. — General Remarks upon the several
points of Treason declared by the Statute, 26
vol. 723. — Argument of Sir Thomas Wither-
ington, in Love's Case, that the two Witnesses
required in Treason by the Statutes 1 and 5
Edw. 6, in a Case of complicated facts, might
consist of one Witness to one Overt Act and
another to another of the same species of
Treason, 5 vol. 178.— Mr. Justice Foster says,
that this is the first instance he had met with
of the assertion of this Doctrine, ibid. 240
(note). — ^This Doctrine was held by all the
Judges at the Consultation previous to the
Triad of the Regicides, ibid. 978. — It was
also confirmed by the opinion of the Judges
in the House of Lords in Lord Stafford's Case,
7 vol. -1527. — See also what is said upon this
point by Lord Chief Justice North in Col-
ledge's Case, 8 vol. 620 ; and by Lord Holt
and the other Judges on the Trial of Sir
William Parkyns, 13 vol. 111.— Mr. Hale's
Argument in Love's Case^ that an Accomplice
is not ** a lawful and sufficient Witnei^wi^hiit^
the meaning of the Statutes of Edw. 6, 5 ▼oL
240.— It was held by all the Judges in Tonge's
Case, that an Accomplice is a sufficient Wit-
ness within the meaning of those Statutes, 6
vol. 227 (note), ibid. 228 (note).— It was adso
held in Tonge's Case, that if a person volun-
tarily confesses Treason before a Privy Coun-
cillor or a Justice of the Peace, he comes
within the exception to the Statute of Edw. 6,
requiring two Witnesses, ibid. ib. (note). —
The two Witnesses required in Cases of Trea-
son must both be believed by the Jury in
order to warrant a Conviction, 7 vol. 1112. —
There need not be two Witnesses in Treason
to prove matter of Inducement, 13 vol. 535. —
By the Stat. 7 Will. 3, c. 3, it is provided,
that on a Trial for Treason no Evidence shall
be given of any Overt Act not laid in the
Indictment, 5 vol. 977 (note).— This Rale
said by Mr. Justice Foster and Mr. East to
have existed at Common Law, ibid. ib< — But
since that Statute, Evidence may be given of
an Overt Act not laid in the Indictment, if it
conduces to prove another Overt Act that is
so laid, Vaughan's Case, 13 vol. 499, Deacon's
Case, 18 vol. 366. — A Confession after the
fact, proved by two Witnesses, is sufficient to
convict under the Stat. 7 Will. 3, Deacon's
Case, 18 vol. 369. — Printing may be an Overt
Act of Treason, Anderton's Case, 12 vol.
1248. — After proof of an Overt Act in the
County in which the Treason is laid. Evidence
may be given of any other Overt Acts of the
same species of Treason in other Counties,
Sir Henry Vane's Case, 6 vol. 123t. — Reference
to other Cases establishing this point, ibid.
129 (note).— In the Case of Lord Preston,
who was tried in Middlesex, tl^e taking Boat
in Middlesex for the purpose of going to
France to promote an invasion of England,
was held to be a sufficient Overt Act in Mid-
dlesex in order to admit Evidence of other
Overt Acts done in other Counties, 12 vol.
727. — ^A Letter written in the County in which
an Indictment for Treason is laid, ma^ be a
sufficient Overt Act within that County,
Hensey's Case, 19 vol. 1345. — By the Stat. 7
Ann, c. 21, s. 11, a person accused of Treason
or Misprision of Treason is to have a Copy of
the Indictment and a List of the Jurors and
Witnesses delivered to him ten days before
his Arraignment, 10 vol. 268 (note), 21 vol.
648. — Mode of procuring the List of the Jury
from the Sherifi; in the Case of Lord George
Gordon, 21 vol. 648.-^Mr. Justice Foster ex-
presses a doubt whether the furnishing a Prisoner
m Cases of Treason with a list of the Jury is
not liable to much abuse, 26 vol. 14. — In an In-
dictment for Treason, if the word " proditori^"
be applied to the Treason generally, it seems *
unnecessary to repeat it to every Overt Act,
Cranbume*s Case, 13 vol. 231.— Discussion
whether in an Indictment for Treason it is
necessary expressly to aver that the accused
was a Subject of Great Britain, 26 vol. 819.—
A Baron of Ireland may be tried by a Jiiiy
C&mmm.'2
THE STATE TRIALS.
^53
in Eogland for Treasons committed in Ireland,
4 vol. 6€5f ibid. 689.— Precedents of Scotch-
men before the. Union being tried and ex-
ecuted in England for Treasons committed
there, ibid. 1176.— By the Stat. 7 Ann^ c. 21,
High Treason committed in Scotland is to be
tii^ there by a Special Commission of Oyer
and Terminer, 23 vol. 1174. — ^Form of such
a Commission, ibid. 1167. — Since the Union
the Law of High Treason has been the same
in Scotland as in England, ibid. 1190. —
Tindal says, that there was no instance of an
Executioa for Treason in the Reign of Queen
Anne, 14 vol. 1036.— But see ibid. 1394,
where this mistake is corrected. — Foster's Re-
marks on the construction of the 10th and 11th
Sections of the Stat. 7 and 8 Will. 3, relating
to the Trials of Peers for Treason, 18 vol. 442
(note). — Sir Samuel Romilly's Remarks on the
difference between the Judgment and Execu-
tion in Treason, ibid. 838 (note). — The Statute
36 Geo. 3, c. 7, declaring different kinds of
Treason, 33 vol. 954.
TRIAL.
It was held by the Judges in Lord Audley's
Case, that on a Trial in the Court of the High
Steward, the Lords Triers might eat and drink
before they were agreed, but that they could
not separate or adjourn before they gave their
Verdict, 3 vol. 403. — Opinion of the Judges
in the Honse of Lords, in Lord Delamere's
Case, that a Jury charged and sworn on a
Criminal Trial cannot adjourn till they have
given a Verdict, 11 vol, 561; — But the Court
may adjourn a Trial where there is an absolute
necessity for such Adjournment, Hardy's
Case, 24 vol. 414 ; Home Tooke*s Case, 25 vol.
129, 1295 (note). — Discussion respecting the
propriety of the Adjournment of a Trial in
the Court of the Lord High Steward at the
application of the Prisoner, in the Case of
LordDelamere, 11 vol. 560.— Lord Chancellor
Jefferies's Observations upon the difference be-
tween a Trial in the Court of the High
Steward, and the Court of the King in Parlia-
ment, 11 vol. 562. — Account of the cere-
monial part of the Proceedings on the
Trial of a Peer, by Gregory King, Lancaster
Herald, 15 vol. 771 (note). — A Baron of
Ireland may be tried by a Jury in England for
Treasons committed in Ireland, 4 vol. 665,
ibid. 689.— Report of a Committee of Privi-
leges in the House of Lords respecting the
form of the Proceedings on the Trial of a
Peer upon an Impeachment for a capital
Offence, 7 vol. 1272.— Form of the Oath to be
administered to the Witnesses on such a
Trial, ibid. 1274. — Arnot's Remarks on
^'Trials in Absence" by the Law of Scotland,
14 vol. 373. — ^Though an Indictment against
several persons be joint, the Venire,' and
consequently the TriaJ, may be several, 9 vol.
126. — ^Argument to show that it is the right
of every one charged with a joint Indictment
to demand a separate Trial, 15 vol. 755.—
3^eaat Havrkins's Remarks upon the Trial
of several persons on one Indictment, 16 vol.
70 (note).— Foster's Remarks upon the con^
struction of the 10th and 11th Sections of the
Stat. 7 arid 8 Will. 3, relating to the Trials of
Peers in Cases of Treason, 18 vol. 442 (note).
— Trial of Maha Rajah Nundocomar in the
Supreme Court of Judicature in Bengal for
Forgery, 20 vol. 923.
t
TRIAL AT BAR.
In the Case of the King v. Hales, the Court
of King's Bench refused a Trial at Bar of an
Indictment for Forgery as the Prosecution was
not carried on at the expense of the Crown,
17 vol. 211 (note).— There cannot be a Trial
at Bar of any local matter arising in the City
of London, as the Citizens are not to be
brought out of the City, ibid. 397.
TRIAL BY JURY.— See Jwy,
In all Trials by Jury there are two things
to be considered ; 1st, the effect of the. evi-
dence, supposing it to be true, which is matter
of Law for the Court : and 2ndly, the truth of
the Evidence, which is matter of Fact for the
Jury, 8 vol. 710.— J^r. Erskine's Argument in
the Case of the Dean of St. Asaph, on the
Rights andPowers of Juries in Criminal Trials
in general, and particularly in Cases of Libel,
21 vol. 961,971.
TRINITY.
Proceedings against Thomas Aikenhead in
Scotland, in 1696, for denying the Doctrine
of the Trinity, 13 vol. 917.
TRON.
Etymology of the word Tron, 14'vol. 1054
(note).
TROVER.
It was held by the Court of King's Bench,
in the Case of Butts v. Penny, in the time of
Charles the Second, that an Action of Trover
would lie for Negroes, being Infidels, 20 vol.
51. — The same was held by the Court of
Common Pleas in the 5 Will. & Mary, ibid.
52. — But this Doctrine was denied in the
Court of King's Bench in 4 Ann, ibid. 53.
TRUTH.
In a criminal Prosecution for Libel, the
Truth of the libellous matter is quite imma-
terial, and therefore, in Francklin's Case, Chief
Justice Raymond would not admit Evidence
of the Truth of the statements charged to be
libellous, 17 vol. 658. — ^Argument of Mr.
Hamilton in Zenger's Case, that the Truth of
a Libel may be given in Evidence as a Justifi-
cation, ibid. 700.-^Animadversions on Mr.
Hamilton's Argument, ibid. 729. — Opipion of
the Judges in the House of Lords during the
Debates on the Libel Act in 1792, that in cri-
minal Prosecutions the Truth of the libellous
matter charged is immaterial, 22 vol. 298. —
Alleged meaning of the word " false '^ in aq
Indictment for Libel, ibid. ib«
M4
GENERAL INDEX TO
TWELVE BISHOPS.
Froc9«diDgi against the Twelve Bishop* on
an AccQsation of High Treason, t7 Car. t,
1641y 4 ToU 63.^*LQrd Clarendon*i Obsenra-
tions on theie Proceedingii ibid* 65 (note). —
The Protof tation of the Bishopi to the King
and the House of Lords against all Votes
passed during tlieir absence from the House
from fear of Assaults and Menaces in coming
thiiher, ibid. d5.--Their Protestation being
oommunicated to the Commons, they are
aooosed of Treason, ibid. 69.— They are
severally called to the Bar of the House of
liords, and informed of the Accusation, ibid.
70.-*-They put in their Answer that they are
Not Guilty, and pray for a speedy Trial, and
that they may be admitted to Bail, ibid. 7d.«--
The Tnal; ibid. 76.— Their Answers to the
Charge of the Commons, ibid. 78. — Mr. Glynn
lepUes for the Commons, ibid, ib.*— Speech of
the Bishop of Litchfield and Coveninr, ibid.
79r— 'The Lords retoWe that they shall forfeit
the profits but not the inheritance of their
temporal Estates, ibid. eu.^-'Tbey are dis*
obarged upon Bail, ibid. ib.
TYBANNY.
Tyranny said by Lord Camden to be better
than Anarchy, 19 vol. 1074.
UNION Op ENGLAND AND SCOTLAND.
See Fottnati,
Proceedings of the Commissioners of both
Countries respecting the Union of England
and Scotland on the Accession of James the
fmtf 3 rol. 5ai.*^Sinee the Union the Law
of High Treason has been the same in Scotland
as in England, 23 vol. 1190.
UNIVERSAL SUFFRAGE.
Joseph Gerrald's Argument in favour of the
right or Universal Suffrage, 23 vol. 954. — Ar«
gument that the Right of Universal Suffrage
never prevailed either in Scotland or England,
$3 vol, 66.
UNIVERSITIES.— See Cambridge; Oxford,
USAGE.— See Prescription.
General Usage is the best exposition of the
teeaning of a Statute, Em. Pref. 1 vol. xxii.**-
A genenl immemorial Usage, not inconsistent
vith any Statute, is part of the Common Law
o£ England, 16 Tol. 1331.
USURPATION.
Curious Discussion In the Marquis of
Argyle's Case, respecting the extent to which
Subjects during an Usurpation of the Crown,
and while the Sovereign de jure is forcibly
kept out of possession, may make use of the
Usurper's power for their own benefit and to
enforce matters of internal regulatiooj 5 vol.
1484.
UTRECHT.— See Orfori md Morikfer,
Emi of.
I>ord Bolingbroke's Remarks upon ihe PrcK
ceedings at the Treaty of Utrecht, 15 toL
1059 (note).
VARIANCE.— See IndiOnrnt.
tt was resolved in Lord Sanqnire's Case^
that if a person be indicted as accessory t9
two, and is found by Verdict accesaory to on^
only, it is no Variance, 2 toI. 759.-^Lord Coke
says, that the manner of killing laid in aa
Indictment for Murder is not the point of it^ but
the matter ; and if it be stated in the Indict^
ment that the Death was caused by a DaggeiJ
and proved to be by a Sword, it is sufficieoL
ibid. 1031. — A Variance between the Pnwrf
and the Charge in an Indictment as to tioif
and place is immaterial^ 6 vol. 181^ 12 toI;
139Q.
VENIRE FACIAS.— See Proem.
Entry of the Venire fiicias on the Trial of
Thomas de Berkele for the Murder of Edward
the Second, 1 vol. 56. — If a person b« in*
dieted in Middlesex for an Offence comoutted
in Middlesex, where the Court (its, there need
not be fifteen days for the return of tho Venire^
Lord Sanquire's Case, 2 yoL T59.<-'Fomi of
the Writ of Venire facias to the lieutenant of
the Tower, commanding him to have the
of a Peer in the Court of the Lord
Steward, 6 vol. 773. — ^There may be several
Venires upon a joint Indictment, 9 toL 126.
^-There is no Venire facias unaer a Conmu«i>
sion of Gaol Delivery, 13 vol. 326*-^A
Prisoner after Verdict cannot demand, aa a
matter of right, to have the Venire read in
order to found an Objection in Arrest of Judg-
ment, 16 vol. 303v — Reference to authorities
to show that there may be a Venire de novo
after a Special Verdict in Criminal Ca«e8« 17
vol. 380.
VENUE.
It was resolved in Sir Henry Vane's Casi^
that Levying of War, stated in the Indictment
to be in Middlesex, and laid as an Overt A(it
of Compassing the King's Death in Middle-
sex, mignt be proved by Evidence of a Levy*
ing of War in Surrey, being merely transitory; ;
but if a Levying War be the principal Trea-
son for which the party is indicted, it must be
laid according to the iact, tol. 123.— Thif,
Mr. East says, must be understood to mean,
"that after proof of an Overt Act in te|
County in which the Treason is laid. Evidence
may be given of any other Overt Acts of the
same species of Treason in other Counties,'^
ibid. 129 (note).— Mr. Justice Poster saWf
that no Objection was made during all the
Trials for the Rebellion in 1745 to the gjting
Evidence of Overt Acts committed in a
County different fVom that where the fiict wis
laid; an Overt Act having been tel piond k
fiORMW]]
THE STATE THIALS.
M6
fki proper County, ibid. ib.*^Iii Sir William
hikyns*! Case, Lord Holt savi, upon an
01i|ictioa made to Evidence of this kind, that
if then bo a design to kill the King, and there
an seteral Overt Aoti to prove uiat design,
lad one is in one Coun^ and another in
mother, the party may be indicted in either
Cottiity, and Evidence given of the Overt Acts
iibotb, 18 vol. 02^-^Lord North says, in CoU
Mj^e'i Case, that if an Offence be committed
is two Cottntiefly the party may be indicted in
lithsr, and the acts done in both Coonttes
miy be given in Evidence, 8 vol. 509.«»The
Coart will change the Venne in an Action or
bdictment where it is obvious that an in-
dUbrent Trial cannot be had in the County
«iiere it was originally laid, ibid. 824.-<i^Em»
Hiking in Middlesex, with the intent of going
M to France to tdke measures to depose the
litg of England is an Overt Act of Treason
h Middlesex, Lord Preston's Case, 13 vol.
f2B.— Discussion in the Case of the Seven
fiithops, whether a Libel written in Surrey,
kt aduiowledged by the Defendants in Mid-
wsn, is Evidence of a Publication in Mid*
<l«a, 13 ¥ol. 323.~*If a Man compose a
i^l in Surrey, and there deliver it to a
Rioter to print in London, this is a Publica*-
tt«a in London by the Composer, Tutchin's
Owe, 14 vol. 1118.-^On the Trial of an Indict-
ntttt for Forgery at Common Law, it was
add, that where there is no direct Evidence
^ the Forgery, but only circumstances whieh
Mppen in several Counties, the Venue may
w in either County, HaWs Case, IT vol. 202.
^-Mr. Justice Powell says, in the Case of the
^f!f^ Bishops, that the Offence must be ex-
{f^ly proved to have taken place in the
ywAy where the Venue is laid ; otherwise
^ ^U be presumed to have taken place in
»>otber County, 12 vol. 818.
VERDICT.— See Jury; S^cid Verdict
YILLENAOE.-^
^J'bsttve^ns on Villenage in Mr. Hargrave's
2'S«tnent in the Case of Sommersett the
J5«>, 20 vol. 3$.-- The condition of a Villein,
*«. aCr-Origin and Decline of Villenage,
^ 3T.«-*Manner of making title to a Villein
?P'**'»cd, ibid. 41<-^CommiS8ioa from Queen
2'***«th for the manumigsion of certain Vti-
«"»>iHd. 1871,
visrroE.
»a Visitor of a CoUege in an Univemty
jJ25*. *• owfcise his WsiiatoriU power, by
^ying and heaiing an Appeal, tbe CoMit of
^« Baarfi will grauta Mandamus to compel
JJ. Btt V. The Biebop of Ely, 29 voL 753.—
^u he has heard and decided on it, (he
r^ af Kjng'e Bench has no auihoiity (o
'"^ittbe the legality of his iudgaeot, iiid. ib.
VOIR DIBE^-^ee Jby^fTi^esi*
A Juror cannot be examined upon the Voir
dire respecting any cause of Challenge which
touches his honour or character, 15 vol. 898
(note). — And upon this principle the Prisoner
cannot ask him whether he has previously to
the Trial said he thought him Guilty, Peter
Cooke's Case, 13 vol. 334.*-*^ Witness cannot
be examined on the Voir dire upon any matter
which affects only his credibility, and not his
competency. Layer's Case, 18 voL 162.*«-
Where a Witness upon the Voir dire denies a
fact upon whioh an objection to his competency
is foiinded, the party objecting cannot call
Witnesses to contradict him and prove bis in-
cpmpetency, Lord I/>vat's Case, 18 vol. 508,
T80.
WALES.
Account given in Calvin's Ca^e of the in-
corporation of Wales vrithr England, 2 vol.
646.1— Remarks upon. the History of the ac-
quisition of Wales by England, m the Argu-
ments in the Case of the Jsl^^d of Grenada,
20 vol, 270.
WAR.
Discussion of the Law of War respecting
the practice of granting Quarter in Battle,
4 vol. 781.~*The existence of public War
between England and a foreign 3tate is matter
of notoriety, and need not be proved by
express Evidence, Lord George Goraon*s Case,
22 vol. 230.— See also, 29 vol. 616,
WAEBANT,--*See G^imU Wmtimtt,
In Cases where Magistrates hiave Jurisdic-
tion, the validity of their Warrants cannot
depend upon the truth of the Information on
which it is granted, Curtis's Case, 15 vol. T4i
(note). — Constables having a legal Warrant
to arrest for a Breach of the Peace, may break
open Doors, after having demanded admission
and given notice of their Warrant, ibid, ib., 19
vol. 873 (note).— Discussion respecting the
validity of a Warrant to arrest for Debt in
which the Name of the Special Constable was
inserted after the Warrant was sealed and had
left the Sheriff's Office, Stevenson's Case, 1!^
vol. 864. — ^Sucb a Warrant held to be invalid,
and that if the Constable be killed in the ex-
ecution of such a Warrant, it is oply Manslaugh-
ter in the party who kills him, ibid« 878. — In a
Warrant of Commitment it is unnecessary tp
set forth the Information or Evidence npon
which it was issued, but the nature of the
Offence cbareed must appear upon it» Wilkes's
Case, 19 toi. 988, — ^lu a Warrant of Com-
mitment for writing a ^editions Libel^ the
Libel need not be set out, ibid. ib.
WAYS AND MEANS.
Mr. St. John's Aooonnt, in his A t y wMat in
Hm Case of Skip Uomft ^ ^ Waye aajl
ih&
IJENERAL INTDEX TO
l}lliaemj^
Means provided by law to4he King of Eng-
land of raising SappUes for the Defence of
* the Realm, 3 voL 864.
WEAVER'S CASE.
Account of this Case, 6 vol. 893 (note).
WITCHCRAFT.
Extracts from Blackstone and other Writers,
with Observations respecting the Laws against
Witchcraft, and the History of Prosecutions
-^Tor it, 2 vol, 1049 (note), 4 vol. 822 (note).—
Case of Mary Smith for Witchcraft, 13 Jac. 1,
.^1616, 2 vol. 1049. — Proceedings against seve-
ral Witches in the County of Essex, 21 Car. J,
1645, 4 vol. 817. — Howell's Letter on the
existence of Witches and Evil Spirits, ibid.
819 (note).— The Trial of the Suffolk Witches
before Lord Hale, 17 Car. 2, 1665, 6 vol. 647.
— ^Lord Hale avows His belief in Witchcraft,
ibid. 700.— History of Witchcraft in New
England, ibid. 647. — Proceedings against
Temperance Lloyd and two other Women for
Witchcraft, 8 vol. 1017.— Curious Case of the
Trial and Conviction of a Man in 1702 for a
Cheat, in pretending to be bewitched, 14 vol.
639.
WITNESS.— See Acam^ke^ Evidence-^
Pardon — Overt Act.
In the Case of Sir Nicholas Throckmorton,
a person convicted of Treason was admitted
as a good Witness for the Prosecution, though
objected to by the Prisoner, 1 vol. 880. — A
person confessing Treason, but not attainted,
held to be a sufficient Witness to prove Trea-
son against others, Duke of Noifolk's Case,
ibid. 1022. — Held by alLthe Judges in the
Duke of Norfolk's Case, that Aliens and
Villeins are good Witnesses, ibid. 1026. — Sir
Thomas Witherington's Argument in Love's
Case, in favour of the competency of Accom-
plices to be Witnesses against persons tried
for the Offence in which they are implicated,
5 vol. 176. — Mr. Hale argues for the Prisoner
in the same Case, that an Accomplice is not
a " lawful and sufficient Witness" in Treason,
within the meaning of the Statutes of Edw. 6,
ibid. 240. — It was held by all the Judges in
Tonge's Case, that an Accomplice is a good
Witness within the meaning of those Statutes,
6 vol. 227 (note), ibid. 228 (note).— An Ob-
jection to a Witness on this ground over-
ruled by the Court in Richard Langhorn*s
Case, 7 vol. 445. — If a Pardon is promised to
a person, on condition that he discovers a Plot
generally, he is a good Witness for the Crown
on the Trial of persons connected with that
Plot, Tonge's Case, 6 vol. 228 (note).— But
Lord Hale thought that it would be otherwise,
if the Witness had been promised a Pardon
on condition of his giving evidence against an
individual concerned in the Plot, ibid. ib. —
Discussion of Lord Hale's Opinion upon this
|K)int in Xayer's Case, 16 vol. t58.*-Discus-
sion in Timothy Murphy's Case, whether^ an
Accomplice, already, indicted for the same
Offence which he is called to prove against
another person, is a. good Witness for the
Crown against that person, 19. vol. 702. — ^The
Court in that Case held him a competent
Witness, ibid, 709— see.also, 9 vol. 126.— In
Lord Stafford's Case, a. person so circum-
stanced was held not to be a competent Wit-
ness for the Prisoner, 7 vol, 1466. — An Accbm-
plice is not to be. credited by a Jury, unless
his Testimony be confiirmed in some material
points ; but it is not necessary that it should
be confirmed in every particular, 31 vol. 980,
ibid. 1123. — ^Mr. Serjeant Copley's Remarks
on this Doctrine in his Defence of Watson, 32
vol. 513.— liord .Holt's Remarks upon - the
credibility of Accomplices, in his Chargie to
the Jury on the Trial of Charnock, King, .and
Keyes, 12 vol, 1454.— Lord EUenborough^s
Directions to the Jury, in Despard's Case, re^*
specting the mode of estimating the degr^ of
credit due to the Testimony of an Accomplice,
28 vol. 487.-— His Observations to the Ju^ on
the same subject, in his Charge to the Jury in
Watson's Case, .32 vol. 583. — Chief Justice
Abbott's Remarks on the Evidence of Accom-
plices, in his Charge to the Grand Jury pre-
viously to the Trials of the persons concerned
in the Cato Street Plot, 33 vol. 689.— Mr.
Hume's Observations respecting the admissi-
bility of Accomplices as ' Witnesses' by the
Law of Scotland, 11 vol. 1052 (note).-;^Mr.
Burnett's Remark upon the same subject, 18
vol. 855.— In Downie's Case, it was expressly
held, that Accomplices were competent Wit-
nesses by the Law of Scotland, 24 vol. 32.—
Difference in the practice of English and
Scotch Courts of Justice respecting the Exami-
nation of Witnesses who are torn crhmniSf
ibid. 30.— It is said in Quelch's Case, that, by
the Civil Law, an Accomplice could not be a
Witness, 14 vol. 1086. — ^It was held by all the
Judges in the House of Lords, in the Case of
Lord Comwallis, that there was no question
that a person acquitted of an Offence was a
good Witness against another charged with
the same Offence, 7 vol. 152. — Lord North
says, in Reading's Case, that a Pardon re-
moves all Objection to the Competen<^ of a
Witness on the ground of infamy of Cha-
racter, 7 vol. 296.— Mr. Hargrave's Notice of
this Opinion, ibid. 1052 (note). — In Elizabeth
CelUer's Case, the Judges were divided in
opinion upon the Question, whether a Pardon
would restore the Competency of a Witness
after a Conviction' for Felony, ibid. 1054 (note).
— ^hief Justice Scroggs says, in Lord Castle-
maine's Case, that if a man be convicted of
Perjury, a Pardon will not make him a Wit-
ness, ibid. 1083. — Lord Holt expresses a con-
trary Opinion in Crosby's Case, ^12 vol. 1296.
— Chiet Justice Jefferies refused to hear a
Witness who was called to prove that he had
perjured. himself on a former occasion, 10 vd.
1185.— On the Trial of Elizabeth Canning for
Perjury, M(. BaroR I^ggp^ refusecl similar
CONTBMTS.3
TME STATE TRIALS.
357
£Tiden<^j 19 vol. 632.— Discussion of the
Question in Lord Castlemaine^s Case, whether
a person burned in the hand for Felony, and
afterwards pardoned, is a good Witness, 7 vol.
1084. — It was determined by the Court of
King's Bench in that Case, after a communi-
cation with the Judges of the Common Pleas,
that a person convicted of Felony and par-
doned, but not burned in the hand, is not a
competent Witness, ibid. 1090. —Discussion
in the Earl of Warwick's Case, whether a
person who has been convicted of a clergyable
Felony, and allowed his Clergy, but has not
been burned in the hand or pardoned, is a
competent Witness, 13 vol. 1005. — Opinion
of the Judges in the House of Lords in that
Case, with their Reasons at length, that such
a person is not a competent Witness, ibid.
1014 (note). — Discussion of this subject in
the Case of Ambrose Rookwood, 13 vol. 183.
—A Papist held to be a good Witness by
Chief Justice Jefferies, on the Trial of Oates
for Perjury, 10 vol. 1192, 1213.— Lord Holt,
in Sir John Freind's Case, refuses to have the
competency of a Papist as a Witness argued,
13 vol. 45. — By the Law of Scotland, infamy
of character disqualifies a Witness, but he
must be shown to be infamous by a legal
conviction of some Crime inferring infamy,
n vol. 651 (note).— A Wife cannot be a Wit-
ness for or against her Husband, 14 vol. 624.
--But in Lord Castlehaveu's Case it was re-
solved by all the Judges, that a Wife may be
a Witness against her Husband to prove his
aiding and abetting in the commission of a
Rape upon herself, 3 vol. 402. — ^This Resolu-
tion said by Sir Bartholomew Shower not to
he Law, 13 vol. 582. — In a Prosecution on the
Statute of Henry the Seventh, for a Felony in
forcibly carrying away and marrying a Woman
of sul^tance, the Woman may give Evidence
against the Offender, though she consented to
the Marriage, 14 vol. 575. — Opinion of the
Court of Exchequer in Ireland, in the Case
of Annesley v. Lord Anglesea, that a Wife
may give Evidence as to her Husband's credi-
bility upon his Oath, but not on points affect-
in? his property, 17 vol. 1276.— By the Law
of Scotland, a Wife cannot, in any Case, be
a Witness for or against her Husband, 18 vol.
580 (note).->On the Trial of Lord Grey de
Werk and others, for a Conspiracy to debauch
^dy Henrietta Berkeley, the Lady was ad-
fflitled to be a good Witness for the Defend-
ants, 9 vol. 173 —On the Trial of a man in
the Court of Justiciary in Scotland, for killing
^person committing Adultery with his Wife,
the Court admitted the Wife as a Witness for
j€ Husband to prove that at the time of the
Blow given, the Deceased was in the act of
Adultery with her, 17 vol. 70 (note).— For-
'nerly, by the I^aw of Scotland, Women were
'^ot Emitted as Witnesses in any Case, 20
yol. 44 (note). — ^A Quaker cannot be a Witness
tV° ^PP«^ ^^ Murder, 17 vol. 330 (note).—
Illustration of the Rule that a person interest-
^ consequentially, but not immediately, in the
VOL XXXIV.
j result of a Suit is a competent Witness, ibid.
1158. — In Roseweirs Case, Chief Justice
Jefferies refused to allow a Question to be
asked' of a Witness, by answering which she
would make herself liable criminally, 10 vol.
169. — A Witness is not bound to give an
Answer to any Question which tends to accuse
himself and subject him to Punishment or
Penalties, Sir John Freind's Case, 13 vol. 17.
— In Lord George Gordon's Case it was held,
that a Witness was not bound to answer
whether he was a Papist, because his Answer
might subject him to Penalties, 21 vol. 650. —
By the Stat. 46 Geo. 3, c. 37, it is declared^
that a Witness cannot refuse to answer a rele-
vant Question merely because the Answer
would subject him to a civil Action, 29 vol .
642 (note). — Lord North's Account of the dis«
tinction between the competency and credit
bility of a Witness, 7 vol. 297. — Instances in
former times of the admission of Evidence of
particular acts of misconduct on the part of
Witnesses for the purpose of discrediting
them, 7 vol. 1459, 1478, 1485.— The maxim
of the Civil Law respecting the extent to
which Evidence of this kind was admissible,
ibid. 1484. — ^Instance in modern times of Evi-
dence in support of the Character of a Witness
being admitted for the purpose of establishing
his credibility, Murphy's Case, 19 voL 724.—
A Witness cannot be examined on the Voir
dire to any matter which only affects his credit^
and is no objection to his competency. Layer's
Case, 16 vol. 162. — If a Witness on the Voir
dire denies a fact upon which an objection to
his competency is founded, the party who
makes the objection cannot call Witnesses to
contradict him in order to prove his incom-
petency. Lord Lovat's Case, 10 vol. 596.—
Lord Hardwicke states the rule to be, that
the party objecting to the competency of a
Witness may prove the matter of his objection
by the Oath of the Witness, or by other tes-
timony : but if he examines the Witness, and
he denies the fact, he is concluded as to the
objection to his competency, and cannot call
other Witnesses to make it o^t, ibid. 730.-->
Where a Witness on cross-examination denies
the commission of a Crime imputed to him in
order to affect his credibility, the party making
the inquiry is bound by his Answer, and can-
not contradict him and prove that he commit-
ted the Crime by express Evidence, Watson's
Case, 32 vol. 490. — Evidence of what a Wit-
ness said on other occasions respecting the
subject of his Evidence in a particular-Case
is admissible to show his consistency, 27 vol.
432. — Mr. Justice BuUer says, in Delamotte's
Case, that the proper Question to be put to a
Witness who is called to impeach the veracity
of another Witness is, whether, from his
knowledge of his general character, he thinks
that he is deserving of belief upon his Oath,
21 vol. 811. — Form in which the Question
was put in Watson's Case, 32 vol. 495. — His-
tory of the Law respecting the examination of
Witnesses on behalf of Prisoners in capital
S
258
GENERAL INDEX TO
QMlQPBXOlif.
Cases, as giren by BlackstODe, 6 voL 777
(BOteX 10 vol. 213 (note).— Instances in early
times of the refasid of Judges ta hear Wit-
nesses against the Crown in criminal Cases,
1 vol. 8859 1281, 1304.— Instances of a re-
fusal by the Court to administer an Oath to
Witnesses fi>r a Prisoner in capital Cases, 7
vol.359, 8 vol. 373. — Sir John Hawles's Re-
maiks npon the injustice and nnreasonableness
of the ancient Rule of not allowing Witnesses
for a Prisoner in capital Cases to be sworn,
8 Tol. 735.— Chief Justice Jefferies admits the
hardship of the Law in this respect, 10 vol.
267.-'Instance previously to the Statutes 7
Will. 3, c. 3, and 1 Ann, st. 2, c. 9, of the
refusal of the Court to order the attendance of
Witnesses for a Prisoner in a Case of Felony,
6 vol. 570. — ^Witnesses for Defendants in
Cases of Misdemeanour were sworn previously
to the Statutes, 7 vol. 289, 908.— Chief
Justice Treby says, in Peter Cook's Case, that
it is matter of discretion and favour in the
Court to order Witnesses on a Trial to be
examined apart from each other, and not mat-
ter of right which can be demanded by the
Sarty, 13 vol. 348. — ^Lord Holt holds the same
octrine in Vaughan's Ca.se, ibid. 494.-^ee
also what is said by Mr. Seijeaut Foster in
Captain Goodere's Case at Bristol, 17 vol.
1015. — Antiquity and advantage of the prac-
tice of examining Witnesses apart from each
other, 13 vol. 348 (note). — Practice of the
Scotch Courts respecting the examination of
Witnesses apart in criminal Cases, 19 vol. 330
(note). — Counsel and Attorneys are the only
persons privileged from giving Evidence of facts
communicated to them in professional confi-
dence, 20 vol. 575 (note). — A medical man has
no such privilege, ibid. 573. — Argument that
Counsel ought not to be compelled to give
Evidence of facts which, come to their know-
ledge in professional confidence, even with
the express consent of their Clients that they
should reveal them, 21 vol. 358. — Argument
of Sir Thomas Witherington in Love's Case,
that the two Witnesses required in Treason by
the Statutes 1 and 5 Edw. 6, in a Case of
complicated facts might consist of one Witness
to one Overt Act and another to another Overt
Act of the same species of Treason, 5 vol.
178. — Mr. Justice Foster says, that this is the
first instance he had met with of the assertion
of this doctrine, ibid. 240 (note). — ^This Doc-
trine was held by all the Judges at the Con-
sultation previous to the Trials of the Regi-
cides, ibid. 978. — It was also confirmed by
the opinion of the Judges in the House of
Lords in Lord Stafford's Case, 7 vol. 1527.—
See also what is said by Lord Chief Justice
North in Colled ge's Case, 8 vol. 620, aod by
Lord Holt and the other Judges on the Trial
of Sir William Parkyns, 13 vol. 111. — Lord
Nottingham, on Lord Stafford's Trial, assigns
as a reason for this rule that it would- be
otherwise extremely diflScult to convict for
Treason, 7 vol. 1530. — Doubts respecting the
validity of this reason, ibid. 1538 (note). — ^In
Treason there need not be two Witnesses to
matter of Indictment, 13 vol. 535. — On the
Trial of Colonel Hacker, one of the Regicides^
it was resolved, that two of the Judges named
in the Commission were good Witnesses U»r
the Prosecution, 5 vol. 1181 (note). — A Judge
may give Evidence as a Witness in a Cause
tried before himself, 11 voL 459. — ^And Judges
ought not upon a Trial to declare any fact
which they know of their own knowledge un*
less they are regulariy sworn as Witnesses^ 7
vol. 874. — Instance of a Juror being sworn as
a Witness in a Cause to give Evidence to the
Court and his fellow Jurors, 6 vol. 1612 (note)^
18 vol. 123^ — Mr. Barrington observes, that
in ancient times, the Witnesses to a Deed
were a necessary part of the Jury who were ta
try its validity, 6 vol. 1013 (note). — ^The two
Witnesses required in Treason must be both
believed by the Jury in order to warrant a
Conviction, 7 vol. 1112. — It seems that by
^e Law of Scotland, Witnesses might be toiw
tured if they hesitated or prevaricated in giv-
ing their Evidence, 10 vol. 727 (note). — By
the Law of Scotland, all Witnesses in a crimi«
nal Case must be examined in the presence of
the accused, ibid. 779, 780 (note). — ^Provisions
of the Law of Scotland respecting the dis-
qualification of Witnesses on the ground of
defective understanding, 12 vol. 559 (note).'—
Chief Justice Jefieries's Examination of a
Child previously to being sworn as a Witness,
8 vol. 1148. — Instances of Witnesses being
fined during the Commonwealth for refusing
to be sworn on the ground of religious
scruples, 5 vol. 113, 132. — Instance of a Wiu
ness being committed by the Court of Jus-
ticiary in Scotland for objecting to be sworn
on religious grounds, 23 vol. 145. — On the
Trial of Colonel Adrian Scroop, one of the
Regicides, a Witness for the Prosecution was
allowed to refresh his memory by a written
Paper, 5 vol. 1039. — It was said by Chief
Justice Eyre on Hardy's Trial, that where a
Witness refreshes his memory by written me-
moranda, it is the usual and reasonable prac-
tice that the adverse party should inspect them
for the purpose of cross-examining him, 24 voL
824. — ft was held by the Court of Justiciair,
on the Trial of Sir Archibald Gordon Kinloch,
that a Witness can only make use of memo-
randa made immediately at the time of the
transaction to which he speaks, 25 vol. 936.-^
The same point was said to have been mled
in Home Tooke's Case, ibid. ib. — It was held
in Hardy*s Case, that in State Prosecutions,
a Witness for the Crown cannot be called
upon to disclose the names of persons who
have g^ven information to Government respect-
ing the Offence in question, 24 vol. 753, 808^
816. — ^This Rule was adhered to by the Court
on Watson's Trial, 32 vol. 102. — In order to
identify a Prisoner on his Trial, he maybe
directly pointed out to the Witness, who may
then be asked whether that is the person,
Watson's Case, 32 vol. 74. — Lord Ellen-
borough^ in a capital Case, expresses a doubi
CoirrBNT&]]
THE STATE TRIALS.
259
whether a Witness tnay not give Evidence of
what took place hefore the Grand Jury who
found the Bill, ihid. 107. — In Watson's Case
lor High Treason, where a Witness was de-
scribed in the List of Witnesses delivered in
pursuance of the Stat. 7 Ann, c. 21 , as lately
residing at a particular place, and it appeared
upon his Examination on the Voir dire that he
had a later and different place of residence,
the description was held insufficient, and the
Witness was not examined, 32 vol. 69. — But
an Objection on the ground of such a mis-
description must be taSken before the Witness
has been examined, and his Evidence cannot
bis struck out on that account, if the error be
discovered afterwards, Watson*s Case, ibid.
496. — ^The Statute of 7 Ann, c. 21, s. 11, au-
thorizing the delivery of a List of the Witnesses
for the Prosecution to persons accused of
Treason or Misprision of Treason, 10 vol.
268 (note). — The Court of Justiciary in Scot-
land has no power to compel the attendance
of Witnesses residing in England, 23 vol.
628. — ^Instances of Witnesses being committed
by the Court of Justiciary for Prevarication
in giving their Evidence, 26 vol. 838, ibid. 1 1 52.
— Oath administered to Witnesses on Trials
during the Commonwealth, 5 vol. 76«-^Oath
administered to Witnesses on the Trial of a
Peer on an Impeachment for a capital Offence,
7 vol. 1274. — Oath administered to Witnesses
in the House of Lords on a Divorce Bill, 12
▼oL 890. — Oath of a Witness examined on the
Voir dire, 18 vol. 583. — Oath of an Interpreter
on'the Examination of a foreign Witness, 9
vol. 1099. — ^In criminal Trials, on reasonable
proof being given that a Witness has been
kept out of the way by the procurement of
the Prisoner, the Deposition of the Witness
before the Coroner may be given in Evidence,
Harrison's Case, 12 vol. 851. — See also ibid.
852 (note), and some discussion on this sub-
ject in Sir John Fenwick's Case, 13 vol. 591.
WOMEN.
Anciently, by the Law of Scotland, Women
were not admitted as Witnesses in any Case,
20 vol. 44 (note). — Women were never en-
titled to benefit of Clergy, ibid. 626. — Statutes
of 21 James 1, c. 6, and 3 and 4 Will, and
Mary, c. 9, extending to Women a similar
benefit to the Benefit of Clergy, ibid. 631,
WORDS.
In Sir William Stanley's Case, Words were
considered to amount to Treason, l vol. 277.
— But the Stat. 1 Edw. 6> created the distinc-
tion between words and acts in Cases of Trea-
son, ibid. 895. — Opinion of all the Judges in
Dr. Sachever,eirs Case, that in all Indictments
or Informations for crimes in writing or speak«
ing, the words supposed to be criminal must
be expressly set out, 15 vol. 466. — ^This
Opinion was denied to be law in Layer's Case,
16 vol. 317, — ^The House of Lords resolve in
Sachevereirs Case, that in an Impeachment it
is not necessary to set out the exact words
used, 15 vol. 29, 473. — Protest against this
Resolution, ibid. 30. — No words can amount
to Treason, unless by some particular Statute,
3 vol. 368. — But Words spoken may constitute
an Overt Act of Treason, 5 vol. 983. — It was
resolved by all the Judges in Lord Morley's
Case, that no Words can amount to a sufficient
provocation to reduce the offence of Homicide
from Murder to Manslaughter, 6 vol. 771, and
see 17 vol. 66, 18 vol. 312. — ^Mr. East says,
that it is now settled that mere Words, not
referring (o any act or design, are not Overt
Acts of Treason, 22 vol. 480 (note). — On a
Trial for uttering Seditious Words, it is no
variance if the Words charged agree substan-
tially, though not literally with those proved,
26 vol. 614.
WRITS.
Parliamentary Writs said to be always re-
turnable in Parliaroeut previous to Stat. 7
Hen. 4, 2 vol. 104. — Practice respecting Par-
liamentary Writs during the sitting of Parlia-
ment, ibid. ib. — Alteration of the style of
Writs during the Commonwealth on Crom-
well's assumption of the Protectorate, 5 vol.
480 (note).
YEOMAN.
Discussion of the Etymology and legal
meaning of the Term, 26 yoL 239.
END OF PART 11.
TABLE
8 2
A f ABLE
OF
PARALLEL REFERENCE
rxoH
HOWELL'S STATE TRIALS
TO THB
FOLIO EDITION BY HARGRAVE.
A TABLE, <&c.
THE PREFACES.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
Vol, L xxii to xxiii
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xlli — xliii
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TRIALS.
Vol. I. 89 to 90
91— 92
93— 9*
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STATE TRIALS.-^Index of Reference to both Editions.
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23
937
•••
• ••
332
475—479
• •*
• .•
24
938—939
•«•
• •.
333
480—484
•••
• ••
25
940—941
•••
...
334
483— *86
»••
vol. VIL
1
942
•••
»••
335
487
•••
•••
2
943
•••
.••
336
488—489
•••
•••
3
957
•••
vol, L
81
490-491
•••
•••
4
958—959
•••
•*•
83
492—494
•••
•••
5
960—961
••fl
•••
84
495—496
•••
••»
6
962—963
•»•
.r«
85
497—498
•••
•••
7
964—966'
•••
**•
86
499->500
•••
•••
8
967—968
•••
..•
87
501—502
•••
*••
9
969—970
••»
• *•
S8
503—505
•••
•••
10
971—972
•••
• fl«
89
506
#••
•••
11
973—975
•••
■ ••
90
507—508
•••
•••
12
976—977
•••
• ••
91
509
•••
•••
11
978—979
•••
• ••
92
510.
•••
••»
12
980—981
••«
.••
93
511—512
•••
»••
13
982—984
•••
.••
94
513—515
•••
•••
14
985—986
•••
• •«
95
516—517
•••
•••
15
987—988
•••
• ••
96
518
•••
•••
16
989—990
• • •
•«•
97
519—520
•••
•••
17
991—992
•••
• «•
98
521—523
•••
•••
18
993—995
•••
...
99
524
•••
•••
19
996—997
•••
• ••
100
525
«••
•••
20
19
998—999
•••
• ••
101
526
•••
••»
1000-1002
•••
• ••
102
i
STATE TRIALS. — ^Index of Reference to both Editions.
266
1
OCTAVO.
POLIO.
OCTAVO.
FOLIO.
Fo^. 1. 1003 to 1004
»• vol* L p
.103
ro/.L 1187/0 1188
•••
voL L p
.155
1005—1006
104
1189—1191
•••
*
156
1007—1008
105
1192—1193
•••
• • •
157
1009—1010
106
1194—1195
•••
•••
158
1011—1013
107
1196—1197
•••
•••
159
1014—1015
108
1198—1200
•••
•■»
160
1016—1017
109
1201—1205
•••
•••
161
1018—1019
110
1206—1207
•••
•••
162
1020U-1022
111
1208
• • •
•••
163
1023—1024
112
1209—1211
•••
•••
164
1025—1026
113
1229
•••
vol. VIL
19
1027—1028
114
1230
•••
•••
21
1029—1030
115
1231—1232
•••
•••
22
1031—1033
116
1233
»••
•••
23
1034
117
1234—1235
•••
•••
24
1035
118
1236
•••
•••
25
1041—1043
117
1237
•••
•••
26
1044
118
1238
•«•
•••
27
1045—1046
119
1239—1240
•••
•••
28
1047—1050
120
1241—1242
•••
•••
21
1095—1097
121
1243
•••
•••
22
1098—1099
122
1244
•••
•••
23
1100—1101
123
1245
•••
•••
25
1102—1103
124
1246—1247
•••
•••
26
1104--1105
125
1248
•••
•••
27
1106—1108
126
1249—1250
•••
•••
28
1109
127
1249—1250
f
00/. I.
163
IIIOl-1112
128
1251—1252
•«•
•••
165
1 J 27— 1128
128
1253—1254
•••
•••
166
1129-^1130
129
1255—1256
•••
•••
167
1131—1133
130
1257—1259
•••
• ••
168
1134—1135
131
1263—1264
•••
vol. VII.
29
1136—1137
132
1265—1266
•••
• ••
30
1138
133
1267-1268
•••
• ••
31
1139—1140
134
126^—1272
•••
!••
32
1141
133
1271
•••
vol. I.
167
1142
134
1272—1273
•••
...
169
1143—1144
135
1274—1275
•••
•V.
170
1145—1146
136
1276—1278
•••
• ••
171
1147—1148
137
1279^1280
•••
• ••
172
1149—1151
138
1281—1282
•••
• ••
173
1152—1153
139
1283—1284
•••
•••
174
1156-r-1157
140
1285—1287
•••
• ••
175
1158—1159
141
1288—1289
•••
176
1160—1161
142
1290—1291
•••
• ••
177
1161—1162
•
143
1292—1293
•••
• •♦
178
1163—1164
144
1294—1295
•••
• ••
179
1165—1166
145
1296—1298
•••
• ••
180
1167—1168
146
1297
-•••
• ••
179
1169—1170
147
1298
•••
• ••
180
1171—1173
148
1299—1300
•••
• ••
181
1174—1175
149
1301—1302
•••
• ••
182
1176—1177
150
1303~1304
•••
• ••
183
1178—1179
151
1305—1307
•••
• ••
184
1180—1182
152
130&^1309
••• -
• ••
185
1183—1184
153
1310^1311
•••
• ••
186
1185—1186
154
1312-T-1313
•■•
• ••
187
366
STATE TRIALS. — Indsx of Reference to both Editions.
OCTAVO.
To/. 1. 1314/01316
131.5—1317
1318—1319
1320—1321
1322—1323
1324—1326
1327—1328
1329—1330
1331—1332
1333—1335
1336
1337—1338
1339—1340
1341—1343
1344—1345
1346—1347
1348—1349
1350—1352
1353—1354
1355—1356
1367—1359
1360
1359U-.1360
1361—1363
1364—1365
1366—1367
1368—1370
1371—1372
1373—1374
1375—1376
2377—1378
1379—1380
1381
1382—1384
1403
1404—1406
1407—1408
1409
1410
1415—1418
1419
1420—1421
1422—1424
1425—1426
1427—1428
1429^1430
1431—1432
1433-*.1435
1436—1437
1438—1439
'1440—1442
1443—1444
1445—1446
1447—1448
1449^1452
Vol. IL 1
2
•••
••t
•••
•••
•••
•••
•»•
#••
•••
•••
••t
•••
•••
•••
•••
•••
FOLIO.
W)l. I. p. 188
... 189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
vol. VII. 33
34
35
36
37
38
39
40
41
42
43
44
44
45
46
47
48
47
48
49
50
51
52
53
54
55
56
57
59
59
60
61
62
mLL 211
21$
•••
•••
...
...
•••
...
•••
••»
«••
...
...
•••
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...
«••
...
•••
•••
•••
•••
*..
•«•
OCTAVO.
Vol. II. 3 to 4
5 — 6
7 — 8
9—10
11 — 13
14 — 15
16 — 17
18 — 19
20 — 21
22— 24
25 — 26
27 — 28
29 — 30
31 — 32
33 — 36
37 — 88
39 — 40
41 — 42
43
44 — 45
61
62 — 64
65 — 66
67 — 69
70
93
94 — 95
96 — 97
98 — 99
100—101
102—103
104—105
106—107
108—109
110—111
112
113
113—114
115—119
120—123
124—128
129—130
159
160
161—162
163—164
165—166
167—169
170—171
172r.-173
I74r^l76
177f-l78
I79r-180
181—182
183rrp.l85
1861^187
188^189
**•
•••
•••
.«•
»«•
•«•
•••
. ..
FOLIO.
v(d. I. p. 218
... '2U
• ... 215
... 216
... 217
... 218
... 219
... 220
... 221
..•
• 4
...
...
• * •
...
••• ...
... •••
... ..•
...
• ••
.«.
...
...
.«.
* • •
...
... 223
... 224
... 225
... 226
... 227
... 228
... z^
... 230
... 231
... wrf. VII. 6S
61
65
66
67
67
68
69
70
... 71
... 72
... 73
... 7*
... 75
... 76
... 77
78
... vol. XI. 65
... 66
„. 67
... 68
69
... wl. I. ^
2S2
... 2S8
- - St
gS
2S6
2S7
238
239
240
2*1
• . •
...
...
...
• ..
• ••
...
...
...
...
...
.••
...
...
...
...
.*•
»••
t**
...
...
245
m
245
••• •••
STATE TRIALS.-'Ihdejc of Espekevce to both Editions.
267
OCTAVO.
Fd/.IL 190/0 191
192^193
194f
217
218
219—220
221~222
223—225
-22e— 227
228—229
230—232
233-^234.
235—236
237—238
239— 24?!
242—243
244—245
246—247
248—250
251—252
253—254
255—256
257—259
260—261
262—263
264-f*266
267r-268
269^270
271—272
273—275
276—277
278—279
280—282
283—284
285—286
287—289
290—291
292—293
294—295
29&— 298
299—300
301—302
303—304
305—307
308—309
310—311
312-^14
315^^16
317—318
319—320
• 321—323
324—325
326-^327
328—330
,♦ 331—332
333—334
S35— 336
•••
•••
•••
•••
• ta
• ••
• ••
• ••
• t*
• ••
• ••
• ••
• •«
• ••
• ••
• ••
at*
• *•
*••
• •*
at*
aaa
• • •
aaa
• *•
FOLIO.
••» voL I. 0. 246
247
248
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
•••
aaa
• aa
• •m
aaa
• aa
*•»
aaa
aaa
aaa
• ••
• aa
• ••
• ••
*••
aaa
aaa
• ••
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aaa
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• ••
aaa
• aa
• 9$
»••
• ••.
• ••
■ •a
• ••
aaa
• ••
• aa
aaa
aaa
aaa
OCTAVO.
VoLlh 337/0 339
340—341
342—343
344—345
346—348
349—350
351—352
353—354
355
356—358
371—380
381—884
385—388
389—893
394—397
398—402
403—406
407—41 1
412—415
416—419
425—428
429—433
434—437
438-441
442-^446
447—450
451—455
456—459
460—463
464—468
469—472
473—476
477—480
481—485
486—489
4yU" ' 'Ty«j
494—498
499—502
503—506
507-^10
511—514
515—518
519^-522
523—526
527—530
531—534
533—535
536—539
540—544
545—548
549—552
553—557
558—561
562—565
570u-5T4f
FOLIO.
••• voL L Pa 301
aaa $02
aaa
aa«
aaa
• •a
a*.
aaa
aaa
• aa
m9»
aa*
•••
••• vol* XL
•••
•»•
•••
• aa
• ••
• •a
a»a
• ••
• ••
• ••
aaa
»••
• ••
• »•
aaa
• •m
• •a
• ••
• ••
• ••
• ••
• ••
• ••
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aaa
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• ••
• ••
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• ••
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aa»
aaa
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aaa
aaa
• ••
• •a
aaa
• •9
aaa
aaa
aaa
• ••
• ••
• aa
aaa
• •»
• ••'
• ••
• ••
• ••
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aaa
aaa
aaa
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• ••
• ••
• ••
• »»
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aaa
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aaa
mmm
• ••
• ••
• ••
• a«
• ••
• ••
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aa*
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aa*
• aa
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• ••
• ••
• ak
• •a
aaa
aaa
303
304
805
806
307
308
309
310
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
69
70
71
72
73
74
75
76
77
78
268
STATE TRIALS. — Index or Refe&ekce to both Editions.
sas
OCTAVO.
Vol. IL 515 to 518
579-^82
583—^87
588-^91
592- -596
597—600
601—605
606—609
610U-614
615—618
619—623
624—628
629—632
633—637
638-:-64.2
64?3— 646
647—651
652''''655
656—660
661—664
665— W9
670—673
674—677
678—681
682—685
686—690
691—694
695—696
697
697—700
701—702
703—704
705—708
707
708
709^710
711—712
713—714
715—716
717—718
. 719—720
721—722
723—724
743—744
745
746—747
748—749
. 750—751
752—753
754—756
. 151—158
. 759—761
762—763
.764
765—766
767—768
769u^772
•••
•••
•••
•••
•••
•••
••«
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•••
•••
•••
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•••
•••
•••
•••
FOLIO.
... voL XL p. 79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
... vd. I. 310
311
312
313
• •• ... i^It
... vol. VIL 77
78
79
80
81
82
83
84
85
86
85
86
87
88
89
90
91
92
93
94
95
... vol. XI. 106
107
108
...
•«•
...
■ a.
• a.
...
...
...
• *•
.••
• r«
• ••
*••
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...
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• ••
...
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• a.
• ..
...
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...
■ •••
• a.
• a.
...
OCTAVO.
VoLll. lis to 118
777—780
781—784
785—786
787—788
789^790
791—792
795—797
798—799
800—801
802
803—804
805—806
807—808
808—810
811—812
813—814
815-816
817—819
820—821
822—823
824—825
826—828
829^—830
831—833
833—884
835—837
838—839
840—841
842—843
844 — 846
847—848
849—851
852—853
854—855
856—857
858—859
860^-862
883—884
885-"*-888
887
888
889—891
892—893
894—895
896
897—900
899—901
902—905
906—912
911
912—913
914—916
917—918
919—920
921-1-922
...
•••
•••
•••
• a«
• ••
FOLIO.
••• vo^. XI. p. 109
••• ••• 116
••• ••• III
... vol. L 315
••• ••• jio
... ... 91 /
S18
319
320
321
322
S25
... S24
. voL X. app. 3
4
5
6
1
8
9
10
II
12
13
15
16
17
18
19
20
21
22
23
24
25
26
27
28
... va. Vila 95
96
95
97
98
99
100
... 101
102
... voL XI. I 5
:::«,u. g
' 326
,27
.^
329
•»•
•••
•••
•••
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...
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...
...
...
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• aa
...
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...
• ••
...
• *•
••• 4<
aat
• ••
STATE TRIALS. — Index of Reference to both Editions.
269
OCTAVO.
FOLIC
).
OCTAVO.
FOLIO.
ro/.II.923 to 924
••• vo/. ]
[. f . 330
Fo/.U. 1043/0 1047
•••
HioL L fi
.115
925 — 926
••• •«
.. 331
1048
•••
•••
116
927 — 928
• •• •!
.. 332
1059
•••
vol. VII.
. 101
929
• •• •<
.. 333
1060
•••
• ••
102
930
• •• •<
.. 334
1061—1062
•••
• ••
103
929— 931
••• •«
.. 339
1063—1064
•••
• ••
104
932 — 933
• •• •<
.. 340
1065—1066
•••
• ••
105
934
• •• mt
. 341
1067—1068
•••
• ••
106
935 — 936
• •• •<
.. 342
1069—1071
•••
• ••
107
935 — 936
• »• •«
.. 341
10721—1073
•••
• ••
108
937 — 938
■ •• •<
.. 342
1074—1075
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1076—1077
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. 344
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1083
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1087—1089
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1090—1091
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1017
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32
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49—51
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52—53
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270
STATE TRIALS.— IvDix ow Revebbitcb to both Editions.
OCTAVO.
VoL III. 54
56
5S
61
63
65
68
70
72
75
77
79
81
84
86
89
91
93
95
98
100
102
105
107
109
111
lis
116
118
120
122
124
127
129
131
133
136
138
140
143
145
147
149
152
154
156
159
161
163
165
167
170
172
174
176
to 55
— 57
— 60
— 62
— 64
— 67
— 69
— 71
— 74
— 76
— 78
— . 80
— 82
83
84
— 85
~ 88
— 90
— 92
— 94
— 97
-99
01
04
06
08
10
12
15
17
J9
21
23
26
28
30
32
35
37
39
42
44
46
48
51
53
55
58
60
62
64
66
69
71
73
75
77
FOUO.
voL Yll, p.
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138
139
140
141
142
143
144
145
146
147
148
149
150
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
BHV
OCTAVO.
Fol. IIL 178 to 180
181—182
183—184
185—186
187—189
190—191
192—193
194—195
196—197
198—200
201—202
203—204
205—206
207—209
210—211
212—213
214—216
217—218
219—220
221—223
224—226
227—228
229—230
231—234
235—236
237—238
239—241
242—243
244—245
246—248
249—250
251—252
253—255
256—257
258—259
260—261
262—264
265—266
267—268
269—271
272—273
274—275
276—278
279—280
281—282
283—285
286—287
288—290
291—293
294
295—296
297—298
299—301
302—803
304*^-305
306—307
308—309
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FOLIC.
vo^. VIL;;.ig|
191
m\
196
197
.198
199
200
201
202
203
205
206
207
20S
209
210
211
212
213
214
215
216
217
218
219
220
221
ooo
TXL
22S
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
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244
245
246
247
248
249
STATE TRIALS.— Ini>»^x of R£FcitSNci& to both Editiosts.
271
OCTAVO.
FOWO.
OCTAVO.
FOLIO.
Fo/. III. 3)0 <o 312
• ••
vol. I., p
.2^
Fo/.UL 466/0 467
•••
vol. I. ». 278
313—314
•••
• ••
251
468
•••
•m
• ••
279
315—317
•••
• ••
252
469
•••
• ••
280
318—319
•••
•••
253
470
• • »
• ••
279
320—321
•••
• ••
254
471
••t
• ••
280
322—323
•••
• ••
255
472—473
■«»
• ••
281
324v-326
•t*.
• ••'
256
474—476
•••
• *•
282
327—328
•••
• ••
257
477—478
•••
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283
329—330
•«•
• ••
258
479—480
•••
• ••
284
331
•••
• ••
259
481
• • .
• ••
285
332—333
•t«
• ■•
260
481—484
•••
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286
373—375
»••
vol. XL
118
483 487
•••
w)l. XL
124
S76— 379
•••
•••
119
488—491
•.•
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125
380—383
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120
492—495
•••
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126
384—388
••• -
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121
496—500
•••
•••
127
389—392
•••
•V
122
501—^04
•«•
•••
128
393—396
.••
•••
123
505—508
k*to
•••
129
397
• • •
• ••
124
509—512
• ••
• ••
130
401—402
•*•
vol. L
387
513—514
. • •
•.•
131
403
•••
•••
388
519—520
• ••
voL L
399
' 404
•#• -
•••
389
521—522
• ••
•t.
400
405—408
•••
•••
390
523—524
. ••
«••
401
409—410
•••
•••
391
525—527
• ••
•••
402
411-412
•••
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892
528—529
• ••
•••
403
413 — 414
•••
•••
393
530—531
• ••
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404
415—416
' ••• -
•••
394
532—533
. • •
•«•
405
417
•••
«••
395
534—^35
• ••
•••
406
418
»•• -
•••
396
536—537
• ••
•••
407
419
»••
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395
538—540
• ••
•••
408
420
•••
•••
396
541—542
• ••
•••
409
421—422
a • •
•••
397
543—544
• ••
•••
410
423—424
• «•
•••
398
545—546
• ••
•••
411
425
• »•
•••
399
547 549
• *•
•••
412
426
• ••
•••
400
550—551
• ••
•••
413
425
• ••-
vol. VII,
• 259
552—553
• ••
•••
414
426
• ••
»••
260
55^-^555
• ••
•••
415
427—429
• ••
• ••
261
. 556—558
• ••
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4i6
430—431
• ••
• ••
262
559
• ••
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4i7
482—433
• ••
• ••
263
560-562
• ••
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41 8
434—435
• ••
• ••
264
561—562
• ••
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4l7
436—437
• ••
• ••
265
563 565
• ••
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4i9
438
• ••
• ••
266
566^567
• ••
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420
489
• t»
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265
568—569
• .•
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421
440
• ••
• ••
266
570—571
• ••'
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422
441—442
• ••
• ••
267
572—574
• ••
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423
443 — 444
• ••
• ••
268
575—576
• •«
•••
424
445—446
• ••
«••
269
577«-578
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•••
425
447—449
• ••
• ••
270
579—580
• ••
*••
426
450—451
• »•
• •»
271
581—582
• ••
•••
427
452 453
• ••
• ••
272
583—586
• ••
•••
428
454
• ••
• ••
273
585—587
• ••
vo/. XL
131
455
• ••
#••
274,
588—592
• ••
• • •
132
456
• ••
• ••
273
591— .596
• ••
vol^ I.
429
457—458
• ••
• ••
274
597—598
• ••
• ••
430
459—460
• *•
• ••
275
599—600
• ••
• ••
431
461—462
• ••
*••
276
601—603
• •t
• *•
432
463—465
• t*
»••
277
604—605
• ■•
t«t
433
272 STATE TRIALS. — Ivdbx of Refekevce to both Editiovs.
OCTAVO.
FOLIO.
OCTAVO.
FOUO
•
Vol.UI.606to€(n
.. voi. L
p. 434
Fo^m. 73510 736
••• voL L
p. 491
608— ^609
>• •••
435
737—788
••• ••«
492
610—611
>• •••
436
739—740
••• ■•■
493
612—614
»• •••
. 437
741—743
••• •••
494
615—616
>• •••
438
. 744—745
••• •••
495
617—618
»• •• 4
439
746—747
••• •••
496
619—621
>• •••
440
74a— 749
••• ■•«
497
62?i— 623
»• •■<
441
750—751
.•• ••«
493
624—626
»• ••!
. 442
752—754
••• •••
499
627—628
»• •••
443
755—756
••• ■•■
500
629—630
»• ••*
444
757—758
••• ■•«
501
631—633
»• •*<
445
759—760
••■ ■•«
502
634—635
l« ••!
446
761—763
••• ••«
503
636—637
>• ••<
447
764—766
••• ••«
504
638-^9
»• ••«
448
825—834
••• •••
505
640— 642
!• ••<
449
835—836
••• ••■
506
643—644
!• •«<
, 450
837—839
••• ••«
507
645—646
19 ••«
451
840^-^41
••• •••
508
647—648
I* ax
. 452
842— «43
••• •••
509
649—651
>• •••
. 453
844—846
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652—653
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> 454
847—848
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511
65ir-^655
>• ••<
. 455
849—850
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512
65&S57
>• «•<
. 456
851-^852
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513
658—660
»• a*!
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853—855
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514
661—662
i# ••<
. 458
856—857
••• ••!
515
663—664
»• ••<
. 459
858—860
••• ••!
516
665S67
• • ••!
460
861—862
••• •»!
517
668—669
>• •••
461
863—864
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518
670—671
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. 462
865—867
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. 519
672—674
>• ••<
. 463
868—869
••• ••!
. 520
675—676
!• ••<
464
870—871
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521
677—678
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, 465
872—873
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. 522
679—681
»• »•<
466
874—876
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523
682—683
• • ••<
. 467
877—878
• ■ • ••■
. 524
684—685
»• ••<
468
879—880
»»» ••*
525
686—687
»• ••«
469
881—882'
••• ..<
526
688—689
>• •*<
. 470
883—885
•aa •»*
527
690—691
!• ••<
471
886—887
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528
692—694
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472
888—889
••• a.t
529
695—696
f • • • <
473
890—891
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530
697—698
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474
892—894
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531
699—700
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895—896
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532
701—702
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476
897—898
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533
703—704
»• ••<
477
899—900
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534
705—706
>• •••
478
901—903
••• aat
535
707—709
»• ••<
479
904—905
»»• B.I
536
710-712
>• t*4
480
906-907
»•• ••*
537
711—714
>• ••*
. 481
908—909
f a.t
538
715—716
!• ••!
482
910—912
a.a • •
539
717—718
^« ••«
, 483
913—914
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719—720
»• ••!
484
915—916
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541
721—722
I« ••)
. 485
917—918
»•• aat
542
723—725
>• ••«
. 486
919—921
»•» ..«
543
726—727
!•' ••<
. 487
922—923
a. a aat
544
728—729
• • ••«
. 488
924—925
••a a.t
545
730—732
I* *•«
» 489
926—927
a t a • • a
546
733—734
t • •• <
490
928—929
••a •«.
547
STATE TRIALS.— IiTDEx oy Reference to both Editions, 273
OCTAVO.
rof.III.930^o932
933—934
935~ 936
937_ 938
942— 943
944^ 945
946
947— 949
950^ 951
952— 953
d54u-. 956
957— 958
959— 960
961— 962
963— 964
965—966
967— 968
969— 971
972— 973
974— 975
976— 977
978— 979
980— 982
983 — 984
985— 986
987— 988
989— 990
991— 992
993— 995
996— 997
998— 999
lOOO— 1001
1002—1003
1004—1005
1006—1007
1008—1010
1011—1012
1013—1014
1015—1016
1017—1018
1019—1020
1021—1023
1024—1025
1026—1027
1028—1029
1030—1031
1032—1034
1035-^1036
1037—1038
1030—1040
1041—1043
1044—1045
1046—1047
1048—^1050
1051—1052
1053—1054
yoii SIXXIV,
• ••
• ••
•••
• ••
• ••
• ••
• ••
• ••
• ••
• ••
• ••
• ••
• ••
• ••
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• ••
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• ••
• ••
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• ••
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• ••
• ••
• ••
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• ••
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• ••
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• ••
• ••
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• ••
FOLIO.
••• voL I. p. 548
... 549
... 550
••• 551
552
553
554
555
556
551
55S
559
560
561
562
563
564
565
566
567
568
569
... 570
... 571
... 572
... 573
... 574
575
576
... 577
... 578
579
580
581
582
583
584
585
586
... 587
588
589
590
591
592
593
594
595
596
... 597
... 598
... 599
600
601
602
603
604
...
...
...
...
...
•*.
...
...
...
...
...
...
...
...
•••
OCTAVO.
r. III. 1055^0 1056
1057—1058
1059—1060
1061—1063
1064—1065
1066—1067
1068—1069
1070—1071
1072—1073
1074—1076
1077—1078
1079—1080
1081—1082
1083—1084
1085—1086
1087—1088
1080—1090
1091—1092
1093—1095
1096—1097
1098—1099
1100—1101
1102—1103
1104—1106
1107—1108
1109—1110
1111—1112
1113—1114
111.5—1116
1117—1119
1120—1121
1122—1123
1124—1125
1126—1127
1128—1130
1131—1132
1133—1134
1135—1136
1137—1138
1139—1141
1142—1143
1144—1145
1146—1147
1148—1150
1151—1152
1153—1154
1155—1156
1157—1158
1159—1161
1162—1163
1164—1165
1166—1167
1168—1169
li70L-ii72
1173—1174
1175—1176
1177—1178 '
...
...
...
...
...
...
...
...
•••
... ...
...
...
...
...
...
■ * •
...
.*•
...
...
...
...
...
...
•..
...
...
...
...
...
...
...
...
...
FOLIO.
... DoL I. p» 605
••• 606
... 607
608
609
610
611
612
61S
614
615
616
617
... 618
619
620
621
622
623
624
... 625
626
... 627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
... 645
... 646
... 647
... 648
... 649v
... ' 650
651
652
65S
654
655
656
... 657
... 658
... ... 659
u. „. 660
fit . fo 661
...
...
...
••• ...
••• ...
... ...
...
.*• ...
...
... ...
... ...
... ...
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...
...
...
...
...
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... ...
... ...
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... ...
... ...
••• ...
... ...
...
...
...
...
...
...
...
...
...
...
..«
...
...
274 STATE TRIALS.
.— lUTDEX OF Re^CACKCE TO BOTH EdITIOHS.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
VAIL 1179/01180
•••
vo/.L p
.662
Vol. III. 1304
..• voL h p.
.71!
1181—1182
••»
•••
663
1305 to 1306
•••
•••
72(
1183—1184
•••
«•«
664
1315—1316
••• \
potVIL
. 28i
1185—1186
•••
•••
665
JS17
•••
•%•
9Bi
1187—1189
ft«
•••
666
1318—1319
•••
•••
28'
1190—1191
•••
•••
667
1520—1321
•••
n««
281
1192— 1J93
#••
•••
668
1522—1324
•••
•*•
28J
1194—1195
••#
#••
669
1325—1326
•••
•••
29(
1196-1197
•••
•••
670
1327—1328
•«•
•♦•
29:
1198—1199
•••
«••
671
1529—1331
•t»
•••
29i
1200—1201
t»f
#••
672
1332—1333
•••
^^»
29J
1202—1204
•••
«••
673
1334—1335
♦••
M»
29^
1205—1206
•••
«••
674
1336—1338
•••
•••
29i
1207-1208
•••
•••
675
1339—1340
•••
•••
29(
I209u,l2l0
• ■•
•»t
676
1341—1342
•••
•%•
291
1211—1213
• • •
•••
677
1343—1345
•••
•••
9»
1214—1215
•••
•••
678
1346—1347
•«•
♦••
29J
1216— I2l7
•••
•••
679
1348—1349
•••
•••
3a
1218—1219
•••
•••
680
1350—1351
•••
•••
301
1220—1222
•••
•••
681
1352—1354
•••
•••
302
1223—1224
*••
•■•
682
1355—1356
■••
•••
302
1225—1226
•••
^•»
683
1357—1358
•••
•t«
304
1227—1228
•••
«••
684
1359—1360
• ••
•••
30f
1229—1230
•••
«••
685
1361—1363
• • •
•••
306
1231—1232
#••
M«
686
1364—1365
•••
•••
30^
1233—1235
•••
• ••
687
1366—1367
•••
•••
30£
1236—1237
•tf
• ••
688
1368
•••
•••
30S
1238— 1?39
•••
••<
689
1368
•»•
•♦•
31C
1240—1241
•••
• ••
690
1369
•••
m/. I.
7lfl
1242—1243
•••
• t«
691
1370
•••
••«
72C
1244—1245
•••
•«•
692
1371—1373
•••
•••
721
1246—1248
• • •
•••
693
1374—1376
•%•
w*
722
1249—1250
• • •
•••
694
1381—1386
m%m
•••
723
1251—1252
•••
Mf
695
1387—1388
•••
• ••
724
1253—1254
M«
«••
696
1389—1390
«••
•••
725
1256—1257
ft*
«••
697
1391—1392
•••
•••
726
1258—1260
• ••
■ ••
698
1393—1394
«M
• «•
727
1261—1262
• ••
• ••
699
1395—1397
^•»
• ••
728
1263—1264
«••
• •»
700
1398—1399
•••.
• ••
729
1265—1266
«••
• •t
701
1400— 1401
m%*
•*•
730
1267—1268
• ••
«••
702
1402 - 1403
• It
•«•
781
1269—1270
<••
f»«
703
1404—1405
• M
M*
732
1271—1272
«••
••a
704
1406—1407
•o
• «.
733
1273—1274
••^
• ••
705
1408—1410
•#•
• M
734
1275—1276
• ••
•••
706
1411—1312
• M
•%•
735
1277—1279
• •«
••<•
707
1413—1417
ft*
• ••
736
1280—1281
• ••
#••
708
1418—1419
*<•
f*«
737
1282—1283
• ••
• ••
709
1420—1422
•«•
*••
733
1284—1285
••/»
•V
710
1423—1424
M?
• ••
739
1286—1287
**.*
•V
711
1425—1426
••?
••«
740,
1288—1290 •
tt»
• ••
712
1427—1428
•«•
• ••
741
1291—1292
«M
•«•
713
1429—1430
• ••
«t«
TA
1293—1294
• ••
**.*
714
1431—1432
f*«
^—
7«
1295—1296
*V
*%*
715
1433—1435
tf%
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74*
31297-1298
• »•
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716
1436—1437
f««
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745
1299~1300
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717.
1438—1439
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746
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STATC TUlAtS.-^tNDfix of ll£Ftt>.£yee to to¥R SdPHoyi. ilfi
OCTAVO.
FOLIO.
OCTAVO.
■■■ii'H 1
FOLIO.
r. III. 1442^0 1444*
••t
vo/. I. p. 748
Vol. IV. 243 to 244
...
vol, I. p
.792
1445—1446
•••
749
245—247
...
798
1447—1449
•••
750
248—249
..•
• ••
794
U50—l4fSl
•••
751
250—251
...
»••
795
1452—1453
•••
752
252—253
..«
a..
796
1454—1458
•■•
753
25i^266
*••
• •.
797
1459—1461
•t«
754
257—258
» • •
•••
798
1462—1463
••«
755
259—260
•.•
• ••
799
1464—1466
•••
756
261—262
•t«
• ..
800
1467—1468
•••
757
263—265
..•
...
801
1469—1471
•••
758
266—267
•••
• ••
802
1472—1473
•••
759
268—269
•*•
• ••
803
1474—1475
•••
760
270—272
•••
•••
804
1476—1512
■••
'
761
273—274
•.•
...
805
1513—1518
•••
762
275—276
•*•
«»•
806
1521—1522
•••
763
277—278
•••
• ••
807
1523— '1526
•••
764
279—281
•.•
• *•
808
1527
•••
765
282—283
•••
• ••
809
1528
•••
766
284—286
•.•
• .•
810
Vol. IV.
W. VII.
287—288
•••
»••
811
1— 2
• ••
309
289—290
•.•
• . •
812
3— 4
• •«
310
291—292
•.•
• ••
813
5— 6
• ••
311
^3—295
».•
..•
814
7— 8
•••
312
•••
• ••
815
9— 10
• ••
313
297--298
•••
• •*
816
11— 12
••*
314
297—298
• • •
*••
815
13— 15
• ••
315
299
*•*
• .•
816
16— 17
• • .
316
300—801
•.•
• .•
817
18
• ••
317
802—804
•••
• ••
818
18
• ••
318
305—906
•«•
• a.
819
185
«at
W.I.
765
807—808
•»•
• ••
820
186
• ••
766
809— «10
•••
• ••
821
1S7_ 188
• . •
767
311—818
•••
• ••
822
I89t— 190
• ••
768
814
•••
...
823
191— 192
t««
769
315—816
•.•
«••
824
193— 194
• «•
770
315
•••
• ••
823
195—^ 197
• ••
771
316—317
.••
• «•
824
198— 199
»••
772
318—319
•.•
• ••
825
^OO— 201
• ••
773
320—321
•.•
• ••
826
£02_fi03
• ••
774
322—824
•••
• ••
827
«04— 206
• ••
775
325—1326
•••
«••
828
307— 208
• ••
776
327—828
•••
• ••
829
209— 210
• ••
777
329—830
•••
• ••
830
211— 212
• ••
778
331—832
••»
• .•
831
^13— 215
• ••
779
S33^^$i!
^•.«
• ••
832
216— 217
• ••
780
335-^37
•••
• ..
833
218— ^19
• •■
781
338-889
•••
• ••
834
220— 222
• ••
782
34a--341
•••
• ••
835
223—224
• «•
783
342—843
•••
• ••
836
^5—226
• ••
784
344—^45
•••
• ••
837
227— 229
• ••
785
S46— 847
•••
• ••
838
280— 231
• ••
786
348—850
•••
fft
839
2S2— 233
• ••
787
351-852
•••
•••
840
284— 285
•••
788
353-354
•t*
• ••
841
286-^ 2^8
•*•
789
356—357
•••
• ft
842
239— 240
• ••
790
358—359
9*i
•••
843
841— 8f 2
«•«
791
360—861
§«•
if*
844
T 2
276 STATE TRIALS.-^Index of Rcferekce to both Editioks.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
r<rf. IV. 362 to S6S
.• vo/. I. p
.845
To/. IV. 49510 497
••• voL L 1
u9a2
364--S65
*» •• •
846
498—499
•••
• ••
903
366—368
>• •••
847
500—501
•••
• ••
9(H
369—370
>• •••
848
502—503
•••
•••.
905
371—372
>• •••
849
504^-506
•••
« ff •
906
375^315
t9 m • •
850
507—508
•••
•••
907
376—377
ra •••
851
509—510
•••
•••.
908
37g_379
!• •••
852
511— v5l3
•«•
• ••
909
380—381
!• •••
853
514—515
•t«
•••.
910
382—384
»• •*•
854
516—517
•••
• ••
911
385—386
»• •••
855
518—519
«••
• ••
912
387—388
»• •••
856
520—522
•••
• ••
913
389—391
I* •••
857
523— 52^4
•t*
• ••
914
392—393
!• »•»
858
525—^26
•••
• t«
915
394j— 395
>• •••
859
527—528
•••
• ••
916
396—397
!• ••■
860
529—531
••«
• ••
917
39o ' ' IfUU •!
!• •*•
861
532—533
•••
M*
918
401—402
*» •• •
862
534t-^53B
•*•.
• ••
919
403— i04»
»• •••
863
536—531
•••
• ••
920
405—406
!• •••
864
538—540
•••
• ••
921
407—409
»• •••
865
541—542
•••
• ••
922
410U-411
(• •••
866
543—^44
•••
•••
923
412—413
I* •••
867
545—546
•••
• t«
924
414—416
• • •••
868
547—549
•••
• ••
925
417—418
• • • * •
869
550—551
•••
• ••
926
419— 4!iO
»• •••
870
552—553
•••
#••
927
421—422
I* •••
871
554t—555
•••
• ••
928
423—425
>• •••
872
556—558
•••
.4f
929
426—427 ..
»• •••
873
559—560
• * •
••• '
930
428—429
»« •••
874
561—562
t««
• ••
931
^ 430—431
!• •••
875
563—565
•«•
• ••
932
432—434
• • •••
876
566—567
•••
«••
933
435—439
»• •••
877
568—569
•••
• #•
934
440—441
»• •••
878
570—571
•••
• ••
935
442—444
t» •••
879.
572-^74
••• •
• •f
936
»• •••
880
575—576
•••
«••
9S7
447—448
*• •••
881
577—578
•••
• ••
93$
449--451
It »••
882
579^-580
•••
t**
939
452—453
I* •!•
SS3
581—582
•••
• ••
940
454—455
»• •••
884
583—584
•••
• ••
941
456—457
• • •••
885
585—586
•••
• t«
942
458--460
>• •••
886
587—589
•••
• ••
9*3
461—462
• • •••
887
590—591
•••
• ••
944
\B03"' ™*Otd •(
>• •••
888
592—593
•••
• •<
945
465—466
!• •••
889
594—595
•*•
• t«
946
467— *69
!• •••
890
596—598
•••
• ••
947
470—471
>• ••»
891
599—601
•••
• ••
948
472—473
• • Wt*
892
602
••«
• •t
949
474-476
>• •••
893
603
•••
• •t
950
477_478
>• •*•
894
653—662
•••
• t«
949
479—480
• • •••
895
663-^65
•••
• •f
950
481-^83
•• •«•
896
666—667
•••
•t«
951
484 — 485
!• ••»
897
668—670
•«•
•••
952
486—487
»• •••
898
671—672
•••
• t«
9SS
488—490
»• •••
899
673—674
•«•
• ••
954
491—492
• • •••
900
^75^676
• 4*
#H»
955
i9$^^
»t .••«
901
. 677-678
tf«
fit
9S6
STATE TRIALS.«-*-Iki>ss: op RfijfiREKCE to both Edition^. 277
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
F0/.IV. 679 to 681
• •4
vol, I. p
.957
Fo/. IV- 957 to 958
... vo^VII.
p. 320
682—683
• ••
• ••
958
989— 994
• •a
'ooLL
985
684—685
• ••
• •t
959
995
• ••
•••
986
esG'-^si
• ••'
• ••
960
995— 996
• t.
•••
987
GS8
• •«'
a>*
961
997— 999
• ••
•••
988
689—690
• ••
• ••
962
1000—1001
• ••
•••
989
702—703
• •»
vo;.VlII.341 1
1002—1003
■ • «
•••
990
704
• •■
•••
342
1004—1005
• »•
•••
991
705—706
• ••
• ••
343
1006—1008
• ••
•••
992
707—708
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1293—1294
1295—1296
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1304—1305
1306—1308
1309—1510
1311— 1312
1313—1314
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283
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284 STATE TRIALS
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Vol. VI. 528 to 529
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587—588
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602—603
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618—619
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1067—1068
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619—620
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621--622
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623—624
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628
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629—630
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386
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702
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1087—1088
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706—707
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1089—1091
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1094—1095
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1096—1098
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771—772
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1099—1100
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t.a
444
STATE TRIALS.— Index of Reference to both Editions. 285
OCTAVO.
r.VI.110Uoll02
1103—1104.
1105—1107
1108—1109
1110^1111
1112—1114.
1115—1116
1117—1118
1119
1120
1121—1128
1129—1131
1132—1135
1136—1138
1139— 1U2
114.3— 1144*
114.5—1152
1153—1161
1162—1163
1164—1169
1170—1172
1173—1174.
1175—1176
1177—1181
1182—1183
1186—1187
1189
1190—1191
1192—1194?
1195—1196
1197—1198
1199—1200
1201—1202
1203—1204.
1205—1208
1207—1215
1216—1226
1227—1229
1230—1231
1232—1233
1234—1235
1236—1237
1238—1239
1240—1242
1243—1244
1245—1246
1247—1248
1249—1250
1251—1252
1253—1254
1255—1256
1257—1258
1259—1261
1262
1261—1262
1263
FOLIO.
vol. VII. p. 445
446
«••
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448
449
450
451
452
453
454
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
467
469
470
471
472
473
474
475
476
vol. II. 623
624
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626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
642
vo/. VIII. app. 4S5
•t« 436
437
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OCTAVO.
V. VI. 1266/0 1267
1268
1269—1270
1269^1272
1273—1275
1276—1282
1283—1284
1285—1289
1290—1292
1293—1294
1295—1296
1297
1309—1317
1318—1319
1320—1321
1322—1324
1325—1326
1327—1328
1329—1330
1331—1332
1333—1334
1335—1336
1337—1339
1340—1341
1342—1344
1345—1346
1347—1348
1349-^1350
1501
1502
1503—1504
1505—1507
1508
1509—1511
VoL VIL
1— 2
3
4
7
9
10— 11
12— 13
14— 15
16— 18
19— 20
21— 22
23— 24
25— 26
27— 28
29— 31
32.— 33
34— 35
36— 37
38— 39
40— 41
42-^ 44
f5^ ^
FOLIO.
vol. VIII. app. 438
«•• 4nbO
vol.ll. 615
616
617
618
619
620
621
622
624
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
655
656
657
658
659
660
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659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
288 STATE TRIALSv-
— iKDftX 09 RlFXtlSHCZ TO BOTH ^
BoxTioirfl
I.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
f
ro/.VII. 47 to 48
vol. 11. p.
681
Vol.Vlh ISSto 167
wd. tl. f
f. 764
49— 50
•••
••«
682
168—169
• ••
• •f
765
51— 52
••t
tt«
683
170—171
• ••
t«t
766
53— 54
f««
■••
684
172—173
• ••
• •t
767
55^ 56
•{•
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685
174—175
• ••
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768
57— 58
•••
• •»
686
176—178
• ••
t«t
769
59— 60
•••
••t
687
179—180
• ••
• ••
770
61—63
• • •
•••
688
181—182
«••
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771
64— 65
•••
•••
689
183—184
• ••
•••
772
66— 67
•••
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690
185—186
• •t
• ••
773
68— 69
• • •
• ••
691
187—188
• ••
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774.
70—71
••■
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692
189^191
• ••
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775
• 72— 73
• •V
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693
192—193
• ••
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776
74—75
• ••
•••
694
194—195
• ••
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777
76
• ••
•••
695
196—197
• ••
• ••
778
77— 78
• ••
•••
696
198 199
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779
79
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695
200—201
• ••
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780
80
• ••
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696
202—203
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781
81— 82
• ••
• ••
697
i204— 206
• ••
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782
83— 84
• ••
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698
207--208
• ••
• ••
783
85— 86
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699
209—210
• ••
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784
87— 89
• ••
•••
700
211—212
• ••
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785
90^ 91
• ••
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701
213—214
• ••
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786
92— 93
• ••
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702
215—216
• ••
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787
94— 95
• ••
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703
217—219
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788
96— 97
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704
220—221
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789
98— 99
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222—223
• ••
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790
100—101
• ••
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706
224
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ttf
791
102—104
• ••
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707
225—226
• ••
• ••
792
105—106
• ••
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708
231
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791
107—108
• ••
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709
232
f ft
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792
109—110
• ••
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710
232—234
• ••
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793
111—112
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711
235—236
• ••
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794
113—115
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712
237—238
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795
116—117
• ••
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713
239—240
• t*
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796
118—119
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241—242
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797
120—121
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715
243—244
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798
122—124
• ••
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716
245—246
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799
125—126
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247—250
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800
127—128
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249—251
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129—130
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252
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131—182
1
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253—255
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138—135
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721
256—257
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136—187
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258
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138—189
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723
259—260
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140—144
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259—260
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143—146
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725
261
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14,7^148
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726
262—263
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149—151
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264—265
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152—153
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266—267
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154^155
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268— «9
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156—158
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270—272
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159
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273—274
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159
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760
275-^76
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814
815
816
159—160
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761
277—278
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S79--280
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STATE TRIALS.«^IvDBx of Rsf ftasKcs t6 both Editxovi. 2tT
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
KoJ. VII. 284^0 285
voL II. p
.817
Fa/.VII.403to404
Wa II. P,
286—287
•••
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818
405—407
• ••
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288—289
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819
408—409
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290—291
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410—411
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292—294
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821
412—413
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295—296
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822
414—415
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297—298
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416—418
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299—300
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417
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301—302
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418
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303—304
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826
419—420
...
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305—306
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421—422
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307—309
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423—424
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429—431
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432—433
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314—315
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831
434—435
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316—317
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436—437
• »•
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318—319
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833
438—439
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320—321
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834
440—442
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322—324
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835
443—444
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325—326
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445—446
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327—328
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447—448
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329—330
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449—450
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331—332
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451—452
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333—335
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840
453—454
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336—337
5
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455—457
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338—339
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458—459
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340—341
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843
460—461
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342—343
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462—463
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344—345
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464—465
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346—348
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846
466—468
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349—350
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469—470
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351—352
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848
471 472
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353—354
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849
473—474
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355—356
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850
475—476
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357—359
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851
477—478
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360—361
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852
479—480
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362—363
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853
481—483
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484—485
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486—487
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368—369
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488—489
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370—372
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857
490-492
• ••
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373—374
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858
493—495
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375—376
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496-^00
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377—378
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860
501-^02
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379—380
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861
503—504
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381—382
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862
505
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383—385
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863
506
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386—387
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864
591—593
#••
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388—389
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865
594
• ••
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390—391
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866
595-^96
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392—393
• ••
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867
597—599
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394—396
• ••
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868
600—601
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397-398
• ••
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869
602—603
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399—400
f«»
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870
604—605
f»*
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401^102
• ••
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87J
606-^607
««•
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g72
873
874
875
876
877
878
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
917
918
919
920
921
922
923
924
288 STATE TRIALS.r— Ikbex op Refe&ekce to both Ebitioks.
OCTAVO.
FOLIO.
OCTAVO.
•
FOLIO
t
ViiL VII. 608to 609
nsd. IL p
.925
Vd. VII. p. 726
vol. II. p. 968
610—611
•••
926
727
■ • •••
969
612—614
•••
927
728<i>730
>• •••
970
615—616
•••
928
763
1 • •••
969
617—618
••■
929
764
•• •••
970
619—620
•••
930
765—766
•••
971
621—622
•••
931
767—768
I* •••
972
623—624
•••
932
769 770
)• «••
973
625—627
• • •
933
771—772
»• •••
974
628—629
•••
934
773—775
>• «••
975
630—631
•t*
935
776—777
»t •••
976
632—633
•••
936
778—779
1. •••
977
634—635
•■•
937
780—781
•• •••
978
€36—637
•••
938
782—783
•• •••
979
638—640
•••
939
784—786
I* •••
980
641—642
■.•
940
787—788
•* «••
981
643—644
•••
941
789 790
!• •••
982
645—646
•••
942
791—792
•• » •••
983
647—648
••«
943
793—794
»• •••
984
649—651
•••
944
795—796
»• •••
985
652—653
• • •
945
797—798
»• •••
986
654—655
•••
946
799—800
f •••
987
656—657
•••
947
801-^03
• • •••
988
65ft— 659
•t*
948
804—805
»• ••■
989
660—661
•t*
949
806—807
!• •••
990
662—663
•••
950
808—809
»• •••
991
664—666
••t
951
810—812
f •••
992
667—668
•••
952
811—829
1* •••
993
669—670
•••
953
830—831
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994
671—672
•••
954
832—833
>• w.»
995
673—674
■••
955
834—836
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996
filh-^l^
•••
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837—838
I* •••
997
677 679
•••
957
839—840
>• •••
998
680—681
•••
958
841—842
»• •••
999
682—683
•••
959
843—844
t. •••
1000
684—685
•••
960
845—846
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1001
686
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961
847—849
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1002
687—688
•••
962
850—851
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1003
687—688
vo/. VIII. app
.453
852—853
)• • ••
1004
689 690
•••
454
854—855
)• •••
1005
691—692
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455
856—858
»• •••
1006
693—694
•••
456
859—860
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701—703
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: 861—862
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1008
704
• • •
458
863—864
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1009
705
•••
459
865—866
• •••
1010
706
.••
460
• 867—868
»• •••
1011
707
•••
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961
869—870
1 • ..•
1012
708—709
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962
871—872
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1013
710—711
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963
• 873—875
• •••
1014
712—713
• ••
964
876—877
■ • «••
1015
714—715
•••
965
878—879
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1016
716
•••
966
880
» •••
1017
715—721
■•«
965
881—882
• tat
1018
722
• • •
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881—882
> •••
1017
723
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1018
724—726
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725
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STATE TR
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. — Iku:
EX OF I
L£PEREKC£ TO BOTH
Editions.
289
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
F.VII. S9l to 892
...vol. 11. p.lOQl
F.VII. 1042^0 1044
*••
vol. III.
p. 32
893— 894
•••
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1022
1043
...
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31
895— 897
•••
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1023
1044
...
• ••
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898— 899
•••
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1045—1046
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33
900— 901
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...
34
902— 903
•••
•••
1026
1049—1050
#.•
.••
S5
904— 905
•#•
••»
1027
1051—1055
• ••
• •f
36
906— 907
•«.
•t»
1028
1067
• •.
• .•
35
908— 909
•••
•••
1029
1067
• ••
.«•
36
910L-. 912
•••
•••
1030
1067—1069
...
...
37
913— 914
•••
•••
1031
1070-1071
• ••
• ..
38
915— 916
•••
•••
1032
1072—1073
• ••
..«
39
917— 918
•••
#«•
1033
1074—1075
...
..•
40
919— 920
•••
••t
1034
1076—1077
• ••
• «•
41
921— 922
•••
•••
1035
1078—1080
...
...
42
923— 924
•#•
•••
1036
1081—1082
...
...
43
925— 927
•••
•••
1037
1083—1084
• ••
...
44
928— 929
•••
•••
1038
1085—1086
.*•
...
45
930
•••
•••
1039
1087—1088
.••
...
46
931— 932
•••
••t
1040
1089—1091
...
•t*
47
931— 932
•••
•••
1039
1092—1093
«.•
••*
48
933
•••
•••
1040
1094>— 1095
•••
• ■•
49
934— 935
•••
•••
1041
1096—1097
...
• a.
50
936— 937
•••
•••
1042
1098—1099
.••
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51
959
•••
•••
1041
1100—1102
«..
...
52
960
•••
••f
1042
1103—1104
...
• ••
53
959— 962
»••
VO/.III. 1 1
1105—1106
...
«•<•
54
963— 964
t»t
• ••
2
1107—1108
*••
...
55
965— 966
•••
• ••
3
1109—1111
.••
...
56
967— 974
•••
• ••
4
1112
t.«
...
58
975— 986
•••
• ••
5
1111—1113
...
...
57
987— 988
••t
• ••
6
1114—1115
..*
...
58
989^ 990
•#•
• ••
7
1116—1117
...
• ••
59
991— 992
#••
• ••
8
1118—1120
• ••
...
60
993— 994
••«
• ■•
9
1121—1122
*••
...
61
995— 997
•••
• ••
10
1123—1124
...
...
62
998— 999
•••
• ••
11
1125—1126.
• *•
...
63
1000—1001
•••
• ••
12
1127—1130
.••
..•
64
1002—1003
••f
• ••
13
1129—1131
...
• •t
65
1004—1005
•••
•••
14
1132—1133
.••
...
66
1006—1007
#••
• ••
15
1134—1135
...
...
67
1008—1010
•••
• ••
16
1136—1137
• .•
• •.
68
1011—1012
•••
• ••
17
1138—1139
• t.
• •.
69
1013—1014
• • ■
• ••
18
1140 1141
• • •
*••
70
1015—1016
■ • •
• ••
19
11^2—1143
...
...
71
1017—1018
•••
• •t
20
1144—1146
• .•
.•t
72
1019—1020
•$•
• ••
21
1147—1148
...
• ••
73
1021—1022
•••
• ••
22
1149—1150
...
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74
1023—1025
•••
• ••
23
1151—1152
■ ••
• «•
75
1026—1027
•••
• •■
24
1153—1154
...
• «•
76
1028—1029
•••
• ••
25
1155—1156
...
• *.
77
1030—1031
•••
• ••
26
1157—1159
...
• ••
78
1032—1033
•••
• ••
27
1160—1162
...
•••
80
1034—1035
•••
• ••
28
1161—1162
*••
• ••
79
1036—1038
••«
• ••
29
1163
• ••
• ••
80
1039-^1040
••♦
t«t
SO
1164-^-1165
•••
• ••
81
1041
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91
1166—1167
••
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fM
89
!k90
STATE TRIALS. — Index or Revbrekce to both EoiTioiftf.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
F.VILn68<all69
•••
vol. III.
p. 83
r.VIL 1371 to 1373
.••iio;.iU.p.l36
1170—1171
•••
• ••
84
1374—1375
•••
«••
137
1172—1174
•••
• ••
85
1376—1377
•«•
•••
138
1175—1176
•••
•••
86
1378—1379
•••
•«•
139
1177—1178
•••
•••
87
1380—1382
•«•
•«•
140
117^—1180
•••
• ••
88
1383—1384
•••
• ••
141
1181—1182
•••
»••
90
1385—1386
•«*
*••
142
1183—1184
•••
• •*
89
1387-1388
•••
••t
143
1185—1186
•••
• • •
90
1389—1391
t«*
• #•
144
1187—1188
•••
•••
91
139^—1393
•••
^•.
145
1189—1190
•••
■ ••
92
1394—1395
• at
• ••
146
1191—1192
•••
• ••
93
1396—1397
• •*
•••
147
1193—1155
•••
••t
94
1398—1400
• ••
•t*
148
1196—1197
•••
• ••
95
1401—1402
• ••
•tt
149
1198—1199
•••
• ••
96
1403—1404
• ••
• •t
150
1200—1201
•••
• •t
97
1405—1406
■ ••
»t*
151
I202r-I203
• • •
•••
98
1407—1409
• t«
•••
152
1204^1205
•••
• ••
99
1410—1411
• •t
•••
153
1206—1207
•••
• ••
100
1412—1413
• ••
• ••
154
1208
•••
■ ••
101
1414—1415
• ••
»•#
155
1209—1235
•••
• ••
102
1416—1417
• ••
4«*
156
1236—1237
• • •
• ••
103
1418—1420
*••
• ••
157
1238—1239
•••
• ••
104
1421—1422
^•»
• ••
158
1293-1295
•••
• ••
101
1423—1424
• «t
• ••
159
1296—1298
••t
• ••
102
1425—1427
• ••
• • •
160
1298
•••
• »•
104
1428—1429
• ••
• «•
161
1299—1300
••t
••t
105
1430—1431
• ••
• ••
162
1301-1302
•••
••*
106
1432—1433
• t a
• ••
163
1303—1304
•••
•«•
107
1434—1436
• ••
•••
164
1305—1307
•••
• ••
108
1437—1438
• ta
• ••
165
1308—1309
••t
•«•
109
14^39—1440
• ••
•••
166
1310—1311
••t
•ta
110
1441—1442
• «•
• ••
167
1312—1314
•••
•••
111
1443—1445
• #•
• t»
168
1315—1316
••t
f
112
1446—1447
• ••
• ••
169
1317-1318
••*
• ••
113
1448—1449
• f«
• #•
170
131^—1320
•••
• ••
114
. 1450—1451
• «•
• ••
171
1321—1323
•••
• •t
115
1452—1453
«••
• ••
172
1324—1325
•••
• ••
116
1454—1456
• t*
♦ »♦
173
1326—1327
•••
• •#
117
1457—1458
«•«
• *•
174
1328—1330
•••
• ■t
118
1459^1460
• ••
««•
175
1331—1332
••t
•••
119
1461—1463
• »t
• •*
176
1333—1334
•««
•••
120
1464—1465
••»
**.'
1T7
1335—1337
•••
• ••
121
1466—1467
••»
«t*
178
1338—1339
•«•
•••
122
J 468— 1470
»•*
• *•
179
1340—1341
•••
• ••
123
1471—1472
•M
• •f
180
1342—1344
•••
• ••
124
. 1473—1474
••«
• ••
181
1345—1346
■•t
••*
125
1475—1476
• •f
• •«
182
4 Ad
1347—1348
•••
••t
126
1477—1479
•»t
• •«
183
184
185
1S6
187
1 AO
134.9—1352
•••
• ••
127
1480—1481
«••
*••
1353-1354
•••
•*9
128
1482—1483
•t*
«»*
1355—1357
•••
• ••
129
1484—1485
• ••
•M
1358—1359
••• -
••♦
130
1486—1487
4M
^H
1360—1361
•••
•••
131
1488—1490
•^#
•M
188
189
190
191 1
19«
1362—1363
•••
«••
132
J491— 1492
mV
••«
1364—1366
■ •••
• ••
133
1493—1494
***
«••
1367—1368
«••
•••
134
1495—1496
«#•
H*
1369—1370
•••
•••
135
1497—1499
. *«
••f
J
W^Tf T^lAlS-y^hpf^ Of B#»]^jLi5V^:^ TO 9PTH if iff^^«. 291
Boaacp^
OCTAVO.
1502—1503
l&O*— 1506
1&07— lfip8
1509—1510
1511—1512
1513—1515
1516—1517
1518—1519
15.20—1521
1522—1524
15.25— J5;26
1527—1534
15.35—1540
154^1—1542
1543—1545
1546—1547
1548—1549
1550—15.51
1552—1553
1554—1556
1557—1560
1561—1563
i564— i565
1566
1567—1568
ft^VIlJ. J63
J64— m
167— 170
)71— J72
J73
174
J74f— J80
^81— J83
184— X85
j86— J87
188— 189
190— J 91
)92— 194
195— 198
199— 200
JJOI
210
?1 1—216
223
?25
8^6— 234
?35— 242
243— 244
245— 246
247— '248
249— 251
252— 253
254—255
256— 258
259— 260
261— 262
FOWO.
gh m
OCTiLyO.
fQUO.
• -
w^.in..
p. 198
F4i{.VIILS.63<p265
...ipfi,ll\.p.2.Sii
••*
?••
194
266^267
••»
• ••
235
',••
.•••
195
268—870
• ••
• ••
236
••#.
f«»
196
271—^72
.♦•.•
• ••
237
•,••
• ••
197
«7|— 875
♦.M
*••
238
•••
f»
198
276— ?77
• ••
• ••
239
V •JM
^•»
199
278—279
»••
• ••
240
.V*
• ••
200
280—882
PPJ^
• ••
241
?.•••
• ••
201
283-r?84
••9
• t*
242
/.•»
?••
202
285—886
•*»
• ••
248
^.»«
f»*
203
287—289
••»
• ••
244
^^*
.•••
204
290—291
*9M
• ••
245
^.•«
»••
205
292—293
•P9
• ••
246
••#
• • •
206 ;
294^—295
•PM
• ••
247
V*
• ••
207
296—298
*••
• •t
248
• «•
f
208 i
299—300
•9a
• ••
249
••#
• • •
209
3Q1— 302
»tM
• ••
250
,r»*
*••
210
303—304
• •»
• ••
251
'»,•*
JP««
211
305—307
#•*
• ••
252
^•*
^•»
212 i
308—309
••t
• ••
253
,••*
^•»
213 •
310U-311
9*3
... «
254
• •«
,•••
214
312—314
9 9»
• • •
255
••*
-/•••
215
315—316
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• t«
256
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^•»
216 .
317—318
••»
• ••
257
^•#
/••
217
.319—320
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• ••
258
»^*
.•••
218 ;
321—323
*•*
• ••
259
•V
«* VII. 475
324--325
»••
• ••
260
»f*
<•••
476
326—327
99 »
• ••
261
Af
^•»
477 ,
328—329
99 M
• ••
262
^f*
;•••
478 ■
330-331
t»ff
*••
263
Pf
.***
479 ;
332—334
999
• ••
264
ff
• ••
480
335—336
• ••
»••
265
•9*
,«•#
479
337—338
•M
• ••
266
!**»
.***
480
339—340
••»
#••
267
9**
,•••
481
341—343
••?
• ••
268
•f»
,•••
482
344—345
*»f
• ••
269
1
A«»
483
346—347
»••
»••
270
••#
/*••
484
348—350
•»f
• ••
271
.♦••
.***
485
351--352
«••
#••
272
•M
«•••
486
353—354
•••
#••
273
.**»
• #•
487
355—356
»••
• ••
274
.•f-»
/•••
488
357—358
•••
• . •
275
^M
/•••
489
359—361
* *.*
• ••
276
.#»*
»•••
490
362—363
»••
• ••
277
-^•*
tio^. III. 223 1
364^365
• ••
• ••
278
^^
»••
224
366—567
••f
• ••
279
*••
/••
225
368—370
••*
• «•
280
«t«
#••
226
371—372
••f
• ••
281
«»#
#••
225
373—374
••f
• ••
282
^.•»
•••
226
^ 375—377
.••»
f ••
283
^v«*
^•»
227
378—379
• •t
• •t
284
^•*
;»••
228
380—381
«
• ••
- •••
285
^^.-^
^•«
229
382—383
• ••
• ••
286
.•-••
^•»
230
384—386
• ••
• ••
287
PJ>
*«t
231
887—^88
*•.•
t*a
288
^•»
^•»
232
389—390
«••
• ••
289
^^
^•»
233
391— 39S
—f
»#•
290
12
292
STATE TRIALS.— Index o? Refe&ekce to both EDitiotrs.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
r.VIIL 394.^395
••• ^
volAlLt
u291
F^VIIL 533^534
..; V0/.III.
p. 332
396—397
•••
•••
292
535—636
•••
• ••
333
398
•••
•••
293
537—538
•••
• ••
334
399—400
••t
•••
294
539—540
• • •
• ••
335
425—426
•••
vol. IV.
165
541—543
•••
• ••
336
427
•••
• ■•
166
544—545
••■
• ••
337
427
•••
• ••
165
546—547
••■
• ••
338
428-429
•••
• ••
166
548
•••
• ••
339
430-431
•••
• ••
167
549—550
•••
• ••
340
432—433
•••
• ••
168
549-^3
•••
• •m
339
43*^-436
•••
• ••
169
554—662
•••
• ••
340
437—438
•••
• ••
170
563—568
•••
• •■
341
439—440
•••
• •■
171
569
•••
• ••
342
441—443
•••
• •9
172
570—572
•••
■ ••
343
444
•••
. • .
173
573—574
•••
• ••
444—445
•••
• • •
174
575—576
•••
• ••
345
447—448
•••
VO&III.
293
677-^78
••■
• ••
346
449—450
•••
t**
294
579—580
•••
• ••
347
451-452
•••
• ••
295
581—682
•••
• ••
348
453-455
•••
• ••
296
583—584
•••
• ••
349
456—457
•••
■ ••
297
585—687
•••
• ••
350
458—459
•••
• •*
298
588—589
•t«
• ••
351
460—461
• • .
• ••
299
590L-691
•••
• ••
352
462-463
•••
• ••
300
592 593
•••
. . •
353
464—466
•#•
• ••
301
594—695
•••
• ••
354
467—468
•••
• ••
302
596—597
•••
• ••
355
4/50 4,70
303
598—599
■ A A
356
471—472
•••
•••
• ••
• ••
304
600—601
w • w
* # •
• ••
357
473-475
•••
• ••
305
602—603
• ••
• ••
358
476—477
•••
• ••
306
604—605
• ••
• ••
359
478—479
•••
• •*
307
606—607
•••
• ••
360
480—481
•••
• ••
308
608—610
• #•
• ••
361
482—484
•••
• ••
309
611—612
• •t
• ••
362
485—486
•••
• ••
310
613—614
• ••
• ••
363
487—488
•••
• ••
311
615—616
• ••
• «•
364
489—490
•••
• ••
312
617—619
• t«
• ••
365
491—493
•••
• ••
313
620—621
• ••
• ••
366
'494-495
••t
• ••
314
622—623
• ••
• ••
367
496—497
•••
• ■•
315
624—625
• ••
• •«
368
498—500
•«•
• ••
316
626—627
• ••
• • •
369
501—502
•••
• ••
317
628—630
•••
• ••
370
503—504
•••
• ••
318
631—632
• ••
• ••
371
505—506
••t
• ••
319
633—634
• ••
t«»
372
507—508
••t
«••
320
635—636
• • .
• ••
378
509L-511
t«»
• ••
321
637—639
• ••
• •
374
512—513
•••
*•«
322
640—641
• ••
• ••
375
514^—515
•••
• ••
323
642—643
• ••
• ••
376
516—517
•••
• •t
324
644—645
• ••
• ••
377
518—519
•••
•••
325
646—648
• ••
• •*
378
520-^522
•••
• ••
326
649—650
• ••
•t«
379
523
•••
• ••
327
651—652
• ••
• #•
380
524-526
•••
• ••
328
653—654
«t«
■ ••
381
525
•t«
• ••
327
655—657
■ ••
• «t
382
526
•••
• ••
328
658—659
• ••
• ••
388
527—528
•••
•••
329
660—661
• ••
. «t
384
529—530
•••
• f»
330
662—664
• •t
*«t
SS5
$Sl--^92
•«f
• f«
SSI
^5^-666
tM
• 11
m
STATE TRIALS
».-*-Index op Reference to both
Editions.
293
OCTAVO.
•
FOLIO.
OCTAVO.
-
FOLIO.
r. VIII. 667 to 668
•••
vol. III. p, 38*7
F.VIIL 796to 797
•••
vol. III.
► 430
669—670
•••
•••
388
798— 800
•••
• ••
431
671—672
•••
•••
389
801— 802
•••
• •t
43t2
673—674?
•••
• • *
390
803— 804
•••
• ••
433
675—677
•••
•••
391
805— 806
' •••
* •••
434
678—679
••»
•••
392
807— 809
•••
• ••
435
680U-681
• • >
•••
393
810— 811
•••
• ••
436
682—683
•••
•••
394
812— 813
•••
• ••
437
684*— 685
•••
•••
395
814— 815
•••
• ••
438
686-^88
•••
•••
396
816— 817
t.m
• ••
439
689—690
•••
•••
397
818— 819
• ••
• ••
440
691—692
•••
•••
398
820
• ••
• ••
441
698—694?
•••
•••
399
821
• ••
• ••
442
695—696
•••
•••
400
835— 837
• ••
vol. IV.
183
697—699
•••
•••
401
838— 839
• ••
• ••
184
700U-701
•••
•••
402
840
• ••
• ••
185
702—703
•••
•••
403
841— 842
• ••
• ••
186
7(H— 705
•••
•••
404
870— 883
• ••
vol. III.
44.1
706—708
•••
•••
405
884 — 894
• ••
• ••
442
709—710
•••
•••
406
895— 897
• ••
• ••
443
711—712
•••
•••
407
898— 900
• ••
• ••
X'MrM
713—714?
•••
•••
408
901— 902
• ••
• ••
445
715—716
•••
•••
409
903— 904
• ••
• ••
446
717—718
•••
•••
410
905— 906
• ••
• ••
447
719—720
•••
•••
411
907— 909
• ••
• • •
448
721—724?
•••
• • «
412
910— 911
• ••
• ••
449
723—724?
•••
vol. IV.
173
912— 913
• ••
• ••
450
725—726
•••
• ••
174
914— 916
• ••
• ••
451
727—728
•••
• ••
175
917— 918
• ••
• ••
452
729—730
•••
• ••
176
919— 920
• ••
• ••
453
731—733
•••
• ••
177
921— 922
• ••
• ••
454
734--735
••»
• ••
178
923— 925
• ••
• •»
455
736—737
•••
• ••
179
926— 927
• ••
• ••
456
738—740
•••
• ••
180
928— 929
• ••
• ••
457
741—742
•••
• ••
181
930— 931
• ••
• ••
458
743—744
•••
• ••
182
932— 934
• ••
• ••
459
745
•••
• ••
183
935— 936
• ••
. • •
460
746
•••
• ••
184
937— 938
• ••
• ••
461
74,7_749
•••
vol. III.
413
939— 940
• ••
• ••
462
750—751
•••
• ••
414
941— 942
• ••
• ••
463
752—753
•••
• ••
415
943— 945
•••
• ••
464
754—755
•••
• ••
416
946— 980
• ••
• ••
465
756
•••
• ••
417
981— 983
• •t
• ••
466
757—758
•••
• ••
418
1039—1048
• ••
• ••
545
759—760
•••
• ••
417
1049—1078
• ••
• ••
546
761—767
•••
. •••
418
1079—1083
• ••
• ••
547
768—769
•••
• ••
419
1084—1086
• ••
• ••
548
770—771
•••
• ••
420
1087
• ••
• ••
547
772—774
•••
• ••
421
1087
• ••
• ••
548
775 776
•••
• ••
422
1088—1089
• ••
• ff»
549
777—779
•••
• ••
423
1090— 10J)2
» • •
• ••
550
780—783
•••
• ••
424
1093
•••
•••
551
784—786
• • •
• ••
425
1094—1095
•••
• ••
552
787—789
••t
•«•
426
1096—1097
•••
• ••
553
790—791
•••
• ••
427
1098 1100
• ••
• ••
554
792—793
•••
*••
428
1101—1104?
•«•
• •t
555
794—795
•••
•»•
429
1105~1106
• ••
•f»
556
i94 STATE TRIALS.— In^mx « Rmtmmci y^^^* B»Jf fcWii
OCtAVO.
FOLIO.
octAtro.
roLio.
Fvra-iiw/onos
...^
M>/.ni.
fK557
rVm.l884«orl885
•<.W.lILjp.6l4
1109-^mO
•••
•«•
558
1»36— 1987
• *•
«••
615
1>11— 1113
•••
•••
559
1288—1889
•••
*••
616
1H4_1H5
*••
•••
560
1240—1241
•«•
4%*
617
1116^1117
•••
•••
561
1842-T-1244
•«•
«••
618
1H8— 1(19
•'••
•••
562
(945—1946
• « •
«••
619
1120-1128
•••
•••
563
1847—1948
••i
<••
620
1123—1124
•'••
•#•
564
(849—1850
*«•
«••
621
>125— 1126
•••
•4»
565
1251—1853
««•
¥••
622
1127—11:28
•••
• ••
566
1854—1855
«••
«••
628
11^9— 1130
•••
• ••
567
1856—1857
•••
«••
624
>181— 1183
••'•
• ••
668
1858—1859
«0»
«••
625
1184—1185
•'••
• • •
569
1860—1861
•«•
•*•
626
118^8^1137
•#•
• ff«
570
1862—1872
«»•
*••
627
1188—1189
•••
«••
571
1883—1884
*#•
«••
628
1140^1142
•••
• • •
572
1885—1886
««•
• ••
629
H48— 1144
••'•
• ••
573
1887—1868
•<•
«••
630
1145—1146
•••
• ••
574
1859—1860
««•
• ••
505
1147—1148
•••
t««
575
1861
• 4m
«••
506
1149—1151
*••
*••
576
1862—1868
t«.
!••
507
1152—1158
•«•
*•'•
577
1864—1866
*••
«••
506
1154—1155
•••
• «•
578
1867—1868
• «•
«••
509
1156—1157
•«•
• <•
579
1869—1870
«••
«••
510
1158—1159
i4»
• ••
580
1871—1872
• ••
•••
511
1160—1162
• • •
• ••
581
1S78— 1874
• ••
«••
512
1163—1164
• #•
• ••
582
1875—1876
<«•
«••
513
1165—1166
t^ff
• ••
583
1877-*1879
44»
*••
514
1167—1168
• f
• ••
584
1880—1381
«••
*••
515
1169—1170
• ••
• ••
585
1882—1883
«••
<••
516
1171—1173
«••
• ••
586
1984^1S85
• «t
«••
517
1174—1175
#••
*••
587
1886—1889
«••
i«t
518
1176—1177
»*•
• ff*
588
yolume IX.
• ^K ^
1178—1179
«•«
• ••
589
1
• ik
«••
465
1180— 1181
«*«
ff*«
590
2
• ••
• ••
466
1182—1184
«••
• ••
591
3—
7
«••
l»t
467
1185—1186
• •4
*••
592
8 —
9
«••
• ••
468
1 187—1 188
4mi
«fl*
593
10—
12
• ••
• ••
469
' 1189—1190
4it
4^6
594
13—
14
««b
• ••
470
1191—1193
4«*
«••
595
15—
16
«••
• • •
471
1194—1195
«•«
«•*
596
17—
18
»••
«••
472
1196—1197
• • •
ff*«
597
19—
20
• t»
«••
473
1198—1199
• ••
• ••
598
21—
28
k«h
• ••
474
1900-1901
• ••
• ••
599
24—
25
«••
• ••
475
1902—1904
• ••
• ••
600
26—
27
••»
*••
476
1905—1906
<•*.
• t •
601
88—
29
• •k
*••
477
1207—1908
• ••
*•»
602
80—
82
»«k
• ••
478
1909—1910
• ••
• ••
603
83—
84
• •«
• ••
479
1911—1913
k«*
• ••
604
85—
36
«•»
• ••
480
1914—1915
»••
• ••
605
87—
88
4tk
«••
481
1916—1917
• ••
• •4
606
89—
40
«••
«••
482
1218—1919
• ••
• hi
607
41—
42
«•*
• ••
483
1920—1992
• ••
• ••
608
43—
45
»••
• • •
484
1298—1994
• ••
• ••
609
46—
47
• ••
• «•
485
1995—1996
• ••
«««
610
48—
49
• ••
• •»
486
1987—1998
• •»
• ••
611
50—
51
• ••
• ••
487
1899—1960
• ••
• •*
612
52—
53
•••
• ••
488
1881—1883
• ••
« « •
618
M—
S5
• ••
«••
489
STATE TRIALS.^^IiTBXx of RsfSftsucB to both
1
Editions.
295
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
f9lAX.p.mto 57
..'uo/.III.j>.490
Vol. IX» 24610 248
...VO/. III.iD
r.640
58— 60
*t •••
491
249—250
.••
• a.
641
61— 62
»• •••
492
251—252
*••
«..
642
63— 64
»« •..
493
253—254
...
...
643
65— 66
>• •*.
494
255—266
..«
...
644
67— 68
>• «.•
495
257—259
...
...
645
69— 71
1. ...
496
260-^261
..«
• *•
646
72— 73
>• •.•
497
262—263
• ••
«.•
647
74— • 75
»• ...
498
264—265
...
...
648
76—77 ..
>• ...
499
266—267
..«
• ..
649
78— 80
»• ' •*•
500
269—270
...
• .•
650
8t— 82
»• •.•
501.
271—272
•*•
• .•
651
83—117
»• •••
502
273—275
• ••
• ..
652
118— i20
»• ..«
503
276-^7
•*•
...
653
121 — 122 .4
y «••
504
. 278—279
...
..•
654
123
r* •.•
505
280—^1
•••
...
655
124
)• ...
506
282—283
• ••
•••
656
125
. «rf.IV.
199
284^-4286
•»•
• •*
657
126—128
>• •< •
200
287—288
«•«
...
658
127—129
. VO/.III.
519
289—290
..•
• ••
659
180^182
!• »••
520
291—293
«••
• •«
660
133—184
»• •••
521
294
•.•
• ••
661
135—186
1. •••
522
294—295
...
bl«
662
137—138
»• •••
523
299—300
• .•
< ••
661
139—140
t* •••
524
801
•••
...
662
141^148
tk •••
525
802—303
•••
• ••
663
144—145
»» •.•
526
304—806
...
• *.
664
146—147
»• •••
527
307—808
..«
.«•
665
148—149
»• «••
528
809—310
*••
• «•
666
150—151
»• •.•
529
311—312
..•
• • •
667
152—153
»• •••
530
313—314
•«•
.«•
668
154—156
I. Cff*
531
315—817
••• '
• ••
669
157—158
»• •••
532
318—319
• «•
• «.
670
159l— 160
». at*
533
320—321
..•
• «•
671
161—163
>• •.•
534
322—823
• fl»
...
672
164—165
)• ...
535
324—326
••ft
• •.
673
166—167
)• •••
536
327—328
•••
• ••
674
168—170
!• •••
5S7
329—380
•••
...
675
171—172
»• ...
538
331—332
•••
• ••
676
173—174
»• ...
539
333—335
.««
*••
677
175—176
»• ».»
540
336—337
...
...
678
177—178
»« ..•
541
338—339
«••
.••
679
179—181
». •••
542
840—341
•••
• ••
680
182—183
1. .••
543
342—344
•.•
•••
681
184_186
1. ..•
544
345—346
«.•
• »•
682
187
t. ...
629
347—348
..»
• ••
683
219—222
1. ...
629
349—350
••»
...
684
223—224
• • *.•
630
351—852
vol. X. app. 31
225—227
• * .••
631
35S—S55
.••
...
32
228—229
■ • •..
632
S56
.*•
..»
33
230—231
». •*•
633
357—358
...
.*•
34
282—284
• « ...
634
519
i • •
vo^III.
683
235—236
1. «..
635
520
•••
...
684
287—289
». •••
636
620—522
' •*•
• ••
685
240—241
1. ...
637
523—^24
«.•
• ••
686
242—243
1. •••
638
525—527
'«..
...
687
244—245
»• « • •
639 .
^28-^29
*•••
«.••
688
296 STATE TRIALS.— Index of Reference to both EotTioKS.
OCTAVO.
FOLIO.
VoL IX. 530/0531
••• 00/.III.j9
.689
532—533
•••
•••
690
5S^S36
•••
•••
691
537—538
•••
•f •
692
539—540
• ••
• ••
693
541—542
•••
•«•
694
543-^44
•••
•••
695
545—546
•••
•••
696
547—549
•••
«••
697
550—551
•«•
•••
698
55^"^$
•••
•••
699
554i—555
«••
•••
700
556^557
• ••
• ••
701
558—560
• ••
•••
702
571
•••
•••
701
571
•••
•••
702
571—572
•••
•••
703
573—574
• ••
•••
704
575—576
•••
•••
705
577-^78
.••
•••
706
577—578
•••
•••
705
579^-580
•••
•••
706
.581— 5H3
•••
•••
707
584—^85
• ••
• • •
708
586-^87
•••
. • •
709
588—590
• •«
ta.
710
591—592
• ••
• ••
711
593—594
•••
• ••
712
595—596
•••
• ••
713
597—598
•••
• ••
714
599—601
• ••
• ••
715
602—603
• ••
• ••
716
604—606
• ••
• ••
717
607—608
•••
• «'.
718
609^-610
• ••
• • «
719
611—612
•«•
• •a
720
613—615
• ••
• ••
721
616—617
• ••
• ••
722
618—619
• ••
• ••
723
620—621
•••
• ••
724
622—624
•••
• ••
725
625—626
••t
• ••
726
627—628
•••
• ••
727
629—630
«••
«••
728
631—632
• ••
• ••
729
633—635
•••
• ••
730
636
•••
• ••
731
636
• ••
• ••
732
637
•••
• ••
731
638—639
•••
• ••
732
640—641
• ••
• ••
733
642—643
•••
• ••
734
644—645
•••
• ••
735
646—648
•••
• ••
736
649—6.50
•••
• ••
737
651—652
•••
• ••
738
eSS'-SSS
•t*
• ••
739
OCTAVO.
Fo/. XI. 656/0 657
658—659
660—661
662—663
666—668
669—670
671—672
673—674
675—677
678—679
680—681
682^-689
690—691
692—694
695
695
695—696
697
697—698
699—700
701—703
704—705
706
707—708
709
709
710—711
712—713
714—716
717—720
719—720
721
722—723
724
725
726
727—728
729^731
732—733
734—735
736—737
738—740
741
742
741—742
743—744
745—746
747—748
749—751
752—753
754
754—756
755—756
757
758—760
761—762
...
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•••
•••
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FOLIO.
...vo/. III. p. 740
741
742
74S
744
745
746
747
748
749
750
751
752
755
754
755
756
787
788
789
790
791
792
793
794
xwL VIII. app. 463
464
465
466
467
468
••• voL III* 755
756
757
758
757
758
759
760
761
762
763
764
765
766
765
766
767
768
769
... 770
... 771
... 772
771
772
773
774
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•••
•••
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STATE TRIALS.— Ikd£X or RsfEaEKCE to both Editions.
^7
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
VolAX. 763^764
•••
vo/. III. 0.775
VidAX. 901 to 909
... x)oLlll*p
.822
765—766
•••
■
•••
776
910— 914
•••
•••
823
767—768
'•••
•••
777
915— 916
•••
•••
824
769—772
•••
•••
778
' 999
•••
vol. IV.
195
771
•••
•••
777
1000
•••
' •••
196
771
•••
•••
778
1001—1002
•••
•••
197
772—773
•••,
•••
779
1003—1006
•••
•••
198
774—775
•••
•••
780
1053—1054
•••
vol. III.
823
776—777
•••
•••
781
1055— 10.'56
•••
• ••
824
778—780
•••
• • •
782
1057—1058
•••
•••
825
781
•••
•••
783
1059—1060
•••
• ••
826
782—784
•••
•••
784
1061—1062
...
• ••
827
783
•••
•••
783
1063—1065
•••
• ••
828
784
•••
•••
784
1066—1067
•••
• ••
829
785—786
'•••
•••
785
1068—1069
•••
• ••
830
787—788
'•••
•••
786
1070—1072
•••
• ••
831
789—790
'•••
•••
787
1073—1074
•••
• ••
832
791—794
'•••
•••
788
1075—1076
•••
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833
793
•••
to/. IV
.187
1077—1078
- •••
• ••
834
794^795
•••
• ••
188
1079—1081
•••
•••
S35
796—797
•••
• ••
189
1082—1083
•»•
• ••
836
798—799
•••
• ••
190
1084—1085
•••
••f
837
800—802
•••
• ••
191
1086—1088
' •••
• ••
838
803—804
•••
• ••
192
1080—1090
•••^
• ••
839
805—806
•••
• ••
193
1091—1092
•••
• ••
840
807—809
•••
• ••
194
1093—1094
•••
• ••
841
810
•••
• ••
195
1095—1097
•••
• ••
842
811—812
•••
• ••
196
1098—1099
••ff
• ••
843
817
•••
vtd. III.
793
1100—1102
• •••
• . •
844
818
•••
•••
794
1103—1104
• • •
• ••
845
819—821
•••
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795
1105—1106
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• ••
846
822—835
•••
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796
1107—1108
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847
836—837
•••
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797
1109—1111
•••
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848
838—842
•••
•••
798
1112—1113
•••
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849
848—847
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799
1114—1115
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• ••
850
848—849
•••
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800
1116—1117
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851
850—851
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801
1118—1120
• • •
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852
852—854
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1121—1122
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853
855—856
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1123—1125
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854
857— «58
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804
1126
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859—861
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1126
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862—864
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868—869
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808
1131—1133
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857
870—871
•••
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809
1134—1135
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858
872— «74
•••
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810
1136—1137
•••
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859
875—876
•••
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811
1138—1139
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860
877—878
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812
1140—1141
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861
879—880
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1142—1144
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862
881— «83
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814
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863
884—885
•••
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815
1147—1148
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864
886—887
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816
1149—1150
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865
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1151—1152
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866
891—892
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1153—1154
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867
893—894
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819
1155—1156
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868
895—898
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820
1157—1158
•••
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869
899—900
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821
1159—1161
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9— 10
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1168—1169
874
11— 13
•••
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947
1170—1171
875
14^ 16
•••
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948
1172—1173
876
17
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94f9
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877
17— 18
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1177--.1178
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29— 84
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949
1179—1180
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35
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1181—1182
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1183— 1184
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38— 89
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882
40— 42
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953
1187—1188
883
43—44
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954
1189—1190
884
45— 46
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1191—1193
885
47— 48
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956
1194—1195
886
49— 50
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1196—1197
887
51—53
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958
1198—1199
888
54— B5
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1900—1901
889
56— 67
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960
1902— 1904
890
58— 59
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961
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60l— 61
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962
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892
62—63
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893
64—66
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67— 68
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895
69— 70
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966
1215—1917
896
71—72
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967
1218—1219
897
73—74
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968
1220—1221
898
75— 76
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969
1222
899
77—79
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970
1223— 124i3
900
80— 81
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971
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82— 83
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972
1250
902
84— S5
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1250—1251
903
86— 87
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974
1252—1253
904
88— 89
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975
1954—1255
905
90— 91
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976
1256
906
92— 93
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977
1256
907
94— 96
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1257—1258
908
95
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977
1259
909
96
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1261—1262
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97— 98
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979
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912
99
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1265—1267
913
100—101
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981
1268—1269
914
102—104
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982
1270—1272
915
105—109
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983
1273
916
110—112
• ••
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984
1274—1275
917
113—114
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985
1383—1334
933
115—118
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986
1335—1388
934
119
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1339—1841
935
119
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936
123
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197
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937
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938
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939
124
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125—129
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988
1353—1354
941
130
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942
181—132
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943
133—184
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STATB TRIALSr
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p. 991
Vd^X. 257^258
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137—189
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259
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1049
140—141
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260
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142—143
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260—261
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144--a45
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262
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146—148
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263—264
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147—150
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265—266
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266
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152—153
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268
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156—157
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268
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1054
158- 159
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269—271
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• ••
1053
160—161
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1003
272—273
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1054
162-«163
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274—275
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1055
164—165
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276—277
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1056
166—167
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278—280
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281—282
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1058
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283—284
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1059
172—174
• ••
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1009
285—287
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1060
175
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1010
288—289
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1061
176—177
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1011
290—291
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1062
178—180
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1012
292—293
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1063
181—182
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1013
294—296
• ••
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1064
183—184
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1014
297—298
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1065
185—186
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1015
299—300
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1066
187—188
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301
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1067
189—101
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1017
302—303
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192--103
• ••
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1018
307—310
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194—195 -
196—197
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311—312
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1068
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1020
313—314
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315—316
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317
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202—203
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1023
318—320
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1072
204—205
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319—320
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1071
206—207
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1025
321—322
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208—210
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323—324
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1073
211—212
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1027
325—327
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213—215
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1028
328—^29
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1075
216—217
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222—223
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1032
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339—840
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226—227
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228—229
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1035
343—344
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230—231
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1036
345—347
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1083
232—833
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348—349
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234—236
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350-^^51
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1085
237—238
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239—240
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1087
241—242
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357—358
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243—245
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359—360
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246—247
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361—362
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363—364
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250—251
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365—367
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253—254
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368—^9
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255—256
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STATE TRIALS.-i-lNi>Ex of Reverekce to both Editiovs.
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551
376—378
495
510—511
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379—380
496
512—514
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381— S82
497
515—516
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386—387
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388—389
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557
390—391
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392—394
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526—528
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529—530
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397—398
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399—401
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428—429
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573
430^-431
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432—434
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564-566
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435—436
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576
437—438
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569—570
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577
4391-^4,1
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442—443
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573—575
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579
444—445
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576—577
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580
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524
578—580
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581
449—450
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581—582
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582
451—452
526
583—584
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453—454
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585—586
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587—588
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458—459
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589—591
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586
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530
592-593
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587
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531
594—595
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588
464—466
5S2
596—597
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589
467—468
533
598^-600
• ••
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590
469—470
534
601—602
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591
471—473
535
603—604
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592
474—475 ' ..
536
605—606
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593
476—477
537
607—608
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478—479
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480-482
539
612—613
• ••
• ••
483—484
540
614—615
• ••
• ••
597
485—486
541
616—618
• ••
• ••
598
487—488
542
619—620
• ••
• ••
599
489—491
543
621—622
• •
• ••
600
492—493
544
623—625
• ••
• ••
601
494—495
545
626—627
• • •
• ••
60i
496—498
546
628—629
• «•
• ••
603
499U-.500
547
630—632
• ••
• ••
60i>
605
606
501-^502
548
633—634
• ••
• ••
503—505
549
635-^36
. ff««
• f *
STATE TRIALS. — Index op llEFEiiEiycE to both Editions. 301
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
Vol. X. 687 io 689 '
vol VII. J
p. 607
Fo/.X. 1158/0 1159
••t
vol. IV.
36
6450— 641
»• •••
608
1160—1161
•••
•.•
37
642—. 648
•• •••
609
1162—1164
•*•
•••
38
644— 646
I* •••
610
1165—1166
•••
•••
39
647— 662
,. vol. III.
. 1095
1167—1168
•••
•••
40
663— 665
>• •••
1096
1169—1171
• • •
...
41
666— 668
i. •••
1097
1172—1173
•••
...
42
669— 670
>• •••
1098
1174—1175
•••
*••
43
671— 672
• «•
1099
1176—1178
•••
• • •
44
67s— 674
!• •••
1100
3179—1180
' •••
•••
45
675— 676
»• ' •••
1101
1181—1182
•••
••«
46
677— 679
>• •••
1102
1183—1185
•••
••'•
47
680— 681
>• ' •••
1103
1186—1187
•••
•.•
48
682— 692
*. •••
1104
1188—1189
•••
...
49
693— 697
>• •••
1105
1190—1192
•••
•••
50
698— 699
• •••
1106
1193—1194
•••
•••
51
700— 701
)• •••
1107
1195—1196
•••
•••
52
702— 704
t. •••
1108
1197—1199
•••
•••
53
705— 706
»• ' •••
1109
1200—1201
•••
•••
54
707_ 708
)• •••
1110
1202 1203
•••
•••
55
709
• •••
1111
1204--1206
•••
•••
56
710— 711
»• •••
1112
1207—1208
•••
•••
57
1079—1080
». vol. lY. 1 1
1209—1210
•••
•••
58
1081
>• •••
2
1211—1213
••«
•••
59
1083—1084
»• •••
3
1214—1215
•••
•••
60
1085—1087
• •••
4
1216—1217
•••
, .••
61
1088—1089
)• •••
5
1218—1220
•••
•••
62
1090—1092
>• •••
6
1221 1222
•••
•.•
63
1093—1094
)• •••
7
1223—1224
•••
•••
64
1095—1096
»•' •••
8
1225
•••
•••
65
1097—1098
>• •••
9
1226—1227
•••
•••
66
1099—1101
i« ••«
10
1227
•••
•••
65
1102—1103
»• •••
11
1228
•••
•••
66
1104—1105
>•' •••
12
1229—1231
•••
•••
67
1106—1107
)• •••
13
1232—1233
•••
•••
68
1108—1109
»• • •••
14
1234—1236
•••
•••
69
1110—1111
>• •••
15
1237—1238
•••
•••
70
1112—1114
• •••
16
1239—1240
•••
•.•
71
1115—1116
• •••
17
1241—1243
•••
•.•
72
1117—1118
»• •■•
18
1244—1245
•••
•••
73
1119^-1120
>• ...
19
1246—1247
••f
•••
74
1121—1122
)• .«•
20
1248—1249
•••
ta»
75
1123—1125
!• •••
21
1250—1251
•••
..'•
76
1126—1127
>• •••
22
1252—1254
•••
• .•
77
1128—1129
)• •••
23
1255—1256
•••
• *•
78
1130—1131
• • •••
24
1257—1258
•••
•••
79
1132—1134
»• •••
25
1259—1260
•••
• •'•
80
1135—1136
»• •••
26
1261—1263
•••
«••
81
1137—1138
I* •••
27
1264—1265
•••
• ••
82
1139—1141
!• • ••
28
1266—1267
•••
• ••
83
1142—1143
!• • ••
29
1268—1269
t • .
• ••
84
1144^-1145
>• •••
SO
1270—1272
•••
•••
85
1146—1148
• • •••
31
1273—1274
•••
• ••
86
1149—1150
»• •••
32
1275—1276
•••
• ••
87
1151—1152
»• •••
33
1277—1278
•••
• «•
88
1153—1154
»• lit
34
1279-.1281
§••
• ••
89
)l5fi«-1157 V
It •«*
9S
1288^1883
!»•
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STATE TRlALS.-r-IwMir or RBtcKiiicB t« Iock Estn»»>.
OCTAVO.
1
FOLIO.
OCTAVO.
FOLIO,
Vcl.XAQU$o 1285
••«
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jEI.91
Vii. XL 413 to 414
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1286—1287
•••
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415-t416
•••
•••
145
1288—1290
•••
• ••
93
417-^19
•••
•«•
146
1291—1292
•••
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94
420—421
••»
•••
147
1293— 1294
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95
488—423
•••
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148
1295—1297
•••
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96
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1^8—1299
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•••
•••
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431—433
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152
1305—1306
•«•
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100
434—435
•••
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153
1307—1308
•••
• ••
101
436-437
•§*
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154
1309—1311
•••
•••
102
438—439
•••
•#•
155
1312—1313
«#•
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103
440L-.441
»••
•••
156
1314—1315
•••
• ••
104
442—444
s»*
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157
1316
•«•
• ••
105
445-446
»••
•••
158
1317
•••
•••
106
447-?448
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#••
159
V. XI. 297— 310
•••
• ••
105
449—451
S9m
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160
311— 320
•••
• •«
106
452
ff
•f«
161
321— 322
•••
• • •
107
453-^4
• »•
*?•
162
328— 325
•••
- •*•
108
455
#r»
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199
S26— 327
«••
• ••
109
456
• f«
• ••
200
328— 329
•••
• ••
110
457—4.58
• ••
v»f»
201
S80— 331
•••
•••
111 ;
4i;9— 4^0
*•*
s»*
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332— 334
•«•
•••
112
461—462
pmm
• ••
203
^5^ 336
•••
•••
113
463-^466
»*•
pfm
204
337— 338
•«•
«••
114
465—466
%••
a*VJ[I.
611
339— 340
•••
•••
115
467—468
#•♦
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612
341—343
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116 '
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161
344w-. 345
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•*•
117
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»••
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346—347
•*•
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118
470^71
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#••
163
348— 350
•••
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119
472—474
^•»
S»9
164
351— 352
« ••
• ••
120
473-474
*••
•••
203
353— 356
««•
• ••
121
475
• p»
•••
204
357— 359
•••
•••
122
475—476
0S9
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205
360—362
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123
477-r480
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206
363— 364
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124
479
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207
265^ 366
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480^-481
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208
367— 369
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432
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J370— 372
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127
483—435
•»•
•«•
210
.373— 375
•«•
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128
493—495
^0»iQcl»l^ftPP» 37
376— 379
• ••
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129
496—497
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3B0— 382
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498—499
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381— 382
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336— 387
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•*•
132
505—507
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508—510
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36
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509— 5; 1
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393— 394
*.«•
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512-:$J[4
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210
3S5— 396
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515—516
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517-^18
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399— *P1
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519-T$21
.•#•
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213
402—403
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.•••
139
522—^23
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.•#•
214
404— 405
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140
524-^^5
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215
406— 407
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141
526—^28
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,408— 410
<*•.•
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142
529—530
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531—532
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SfATE TRIAL6»>— Ikpbk ef B.tn%%vet to both Editiokb. $08
OCTAVO.
1
FOLIO.
OCTAVO.
'
1
POLIO.
Fa;.2L 5S3to534
...'
vol,lV.p.2l9
fW. XI. 869 to 871
•••
vol. IT. p
.760
535-^37
«»•
»••
220
1143 1144
•••
ml. IV.
247
538-539
•••
»••
221
1145 1148
•••
• ••
248
540-^41
•»•
• ••
222
1149—1155
•f*
•••
•249
542-^43
•••
• ••
223
1156—1158
«••
•••
250
544-^45
•••
• ••
224
1157
•••
*«•
249
546-^47
•••
• ••
225
1158
»••
*••
250
548-^49
•••
• ••
226
1150--1160
»••
•«•
251
550-^52
•«•
*••
227
1161—1162
•••
•»•
252
553—554
•••
f ••
228
1163
•••
• ••
253
555-^56
•••
»••
229
1 164—1 166
•••
• • •
254
557-^8
•••
«••
230
1165
w^ VII. p
.611
559—560
«••
• ••
231
1166—1173
• ••
• • •
612
561—562
•»•
• ••
232
1174—1190
• •«
«••
613
563—564
•••
• ••
233
1191 1193
«••
• ••
614
565—^67
•••
• •9
234
1194— 11P5
• ••
•««
615
568—569
««•
• ••
235
1196—1251
««•
»••
616
570—571
•••
• ••
236
1251 1252
««•
««•
617
572—573
•*•
• ••
237
1253—1255
• ••
•••
618
574—575
•♦•
#••
238
1256—1257
• • •
• •*
619
576—577
•••
*»P
239
1258—1260
'••*
•••
620
. 578—579
•«•
*••
240
1261—1262
• ••
•*•
621
580—581
«••
• ••
241
1263—1264
• ••
• •«
622
582—584
•••
• ••
242
1265—1267
• «•
• ••
623
585—586
•••
.•••
243
1268
• • •
♦••>
625
587 588
t • •
• ••
244
1269 1271
««•
• •«
626
589—591
••!•
«••
245
1272—1273
• ••
•«•
627
592—600
•••
• ••
246
1274—1275
• •*
• ••
628
599 625
• *•
oo^.II.
731
1276 1277
«««
•*•
629
626—^27
•#•
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732
1278—1280
• • «
•••
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628—629
«••
«••
733
1281—1282
• • •
• ••
631
630—724
•••
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734
1283—1285
• ••
• ••
632
725—748
••«
• ••
735
1286—1287
• ••
• •»
633
752
'••»
• ••
736
1288—1289
• ••
• •t
634
764—765
••«
• ••
737
1290—1292
• ••
• ••
635
766—767
••-•
• ••
738
1293—1294
• •«
• ••
636
768—769
•«•
• ••
739
1295 1297
...
• ••
637
824—826
•••
• ••
740
1298—1299
• ••
• ••
638
827— fi28
•••
• «•
741
1300—1302
• ••
• ••
639
829—^30
•»m
• ••
742
1303—1304
• ••
• ••
640
831-^833
• ••
• ••
743
1305 1306
«••
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641
834—836
• ••
• ••
744
1307—1309
• ..
• «•
642
837-^8
• ••
• ••
745
1310—1311
«.•
• ••
643
839—840
•#«
• ••
746
1312—1314
'•••
• ••
644
841—^42
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• ••
747
1315
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645
843—845
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748
1316
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646
846—847
•«•
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749
1315-1320
• ••
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253
848—849
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«••
750
1321
«••
• ••
254
850—851
•••
«••
751
1322—1323
• ••
• ••
255
852— S53
•••
«••
752
1324—1326
• ••
««•
256
854-^6
•••
• ••
753
1327—1328
• ••
• ••
257
857—1858
• r»
• ••
754
1S2§— 1330
*••
4.*
258
859—860
*«•
• ••
755
1331—1332
•••
• ••
259
861—662
*«•
• ••
756
1333—1335
.«•
•«•
260
863-r«65
•*•
• ••
757
1336—1337
»••
*••
261
866-^67
••#•
• ••
758
1338—1340
•«•
••»
262
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1339—1348
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V
304
STATE TRIALS.^— IiTDEx op ItErBAEKCE to both Editioks.
OCTAVO
K
FOLIO.
OCTAVO.
FOLIO.
Vd. XI.
1349
do/. VU. p
.646
Fo/-XIL 189*0191
• ro/.IV,
. 303
1350to 1351
• • •••
647
192—196
• • • •
304
1352—1354
»• •••
648 .
197—203
• • • •
305
1353—1358
!• voL II.
133
204—205
• .».
306
1359—
1363
> • •••
134
206—208
. • • •
307
1364—1367
•••
135
209—210
. • • •
308
1368—1372
»• •••
136
211—212
• • • •
309
1371—
1373
. vol. IV.
283
213—214
. « • •
310
1374—1375
>• ...
284
215—216
a • • •
311
1376—1377
• •••
285
217—219
. • • •
312
1378—1380
•• •••
286
220—221
• • • •
313
1381—
1382
I* •••
287
222—223
. • • •
314
1383
1384
y. •••
288
224—227
. » • •
315
1385—
1386
t. •••
289
228—230
• • • •
316
1387
1389
»• •••
290
231—232
• B • •
317
1390—1391
1* •••
291
233—234
• • • ■
318
1392—
1393
• • •••
292
235—237
• • • •
319
1394—1395
>• •••
293
238—239
• • • •
320
1396—1398
»• •••
294
240—241
• •••
321
1399—:
1400
»• •••
295
242—244
. ■ ■ •
322
1401
1402
>• •••
296
245 246
• • • •
323
1403—1404
»• •••
297
247—248
. • « •
324
1405—
1407
t. •••
298
249 251
. • • •
325
1408—1409 .,
i« •••
299
252—253
• • • •
326
1410—1411
• • •••
300
254—255
ff • • ■
327
1412—
1413
I* ••■
301
256—266
• • • •
328
1414— 1416
»• •••
302
267—268
• • • •
329
1417
!• ■••
303
269—271
. • • •
330
1418—1420
»• •••
304
272—273
. • • ■
331
Vol. XII.
1
• • •••
261
274—275
• • • a
332
2
»• •••
262
276—277 V ..
• • • •
333
3—
4
• • •••
263
278—280
. • • •
334
5
6
• • •••
264
281—282
. ' ■ • •
335
7—
9
•• •••
265
283—284
• • • •
336
10—
11
»• •••
266
285—286
• • • •
337
12—
13
f. . ••
267
287—288
• •••
338
14—
15
»• «••
268
289—290
• • • «
339
16—
18
• • •••
269
291—293
• • • •
340
19—
20
>• •••
270
294—295
t • ■ ■
341
21—
23
• .• • • •
271
296—297
• • • •
342
24—
25
• • •••
272
298—300
• • ••
343
26—
29
>• •••
273
301—^302
• • « •
344
30—
31
»• *••
274
303-^06
• • t •
345
32—
33
>• •••
275
307—309
• • « •
346
34—
35
> • •••
276
310-^11
• • • •
347
36—
37
»• •••
277
312—314
« • ■ •
348
38—
40
»• •••
278
315-^16
• *••
349
41—
42
»• • . •
279
317--^18
• •••
350
43
»44
»• •••
280
319—321
• •••
351
45—
47
»• • ••
281
322—^23
• ••«
352
48—
50
»• • t <
282
324—325
• •••
353
113
,. vol. VIL
647
326—^29
• ...
354
113
>. • t •
648
330—331
• •••
355
114— 116
>• *«•
649
332—333
• *••
356
117—
118
»• •••
650
334—336
* •••
357
119—
120 ..
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651
337--338 M
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358
121—
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652
339-^40
f tff
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STATE TRIALS. — Index of REFfiRBKCE to iBOTH Editions.
305
OCTAVO.
FOLIO.
■
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Fo{.XIL S4I to 343
wh IV. p
.360
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«••
361
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•••
• ••
414
346—847
•••
362
656-657
•••
• ••
415
348—349
•••
363
658—659
•••
• ••
416
350-351
•••
364
660—661
•••
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417
352—354
•••
365
662—664
•••
• »•
418
355—356
•••
366
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•••
• ••
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357—358
••«
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667—668
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359—360
•••
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669—670
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361—362
•«•
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671—672
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363—865
•••
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673—674
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•••
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675—676
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370—371
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680-681
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372—373
•••
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682—683
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374—376
•««
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684—685
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•••
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«•«
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688—690
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381—382
•••
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691—692
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383—385
•••
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•••
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695—696
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388—389
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697—698
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390—391
•••
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699—701
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392—393
•••
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702— 703
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394—396
•••
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704—705
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397—398
••■
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708—710
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401—407
•••
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711—712
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440
408—409
•••
388
713—714
•••
• *•
441
410—412
•••
389
715—716
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• ••
442
413—415
•••
390
717—718
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416—417
•••
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719—720
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721—723
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420—423
• ••
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724—725
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424—426
• ••
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726—727
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427—428
• ••
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728—729
• .•
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396
730-731
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597—^06
• ••
397
732—784
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607--608
• ••
398
735—786
• ••
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609—610
• ••
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737—738
• ••
«*•
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611—614
• ••
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• ••
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613—615
• ••
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741—742
• ••
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616
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743—747
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• ••
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617—619
• ••
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748—749
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620--621
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750—751
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622—623
• ••
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624--625
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626
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630—631
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636—637
• •»
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767—768
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645
• ••
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• ••
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• ••
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1004— i<K)5
1006—1007
1008—1009
1010—1011
1012—1014
1015—1016
1017-4018
101 9l— 1020
1021—1023
1024—1025
1026—1027
1028—1029
1030—1032
1083—1034
1035—1036
1037— 10S9
1040—1041
; 1042—1043
1044—1045
1046—1047
1048
1049—1050
1053—1054
1055--1O56
1057—1058
1059—1060
1061—1062
1063—1064
1065—1066
1067—1068
1069^1071
1072—1073
1074
1075—1079
1164—1165
1166
1167
1168
1169—1170
1171—1172
1173—1175
1176—1182
1183—1184
1185— U86
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1190—1191
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1195~1196
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527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
• • • Od4
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38
39
40
41
42
43
44
45
46
47
48
49
50
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1239
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1242—1243
1245—1246
1247--a248
1349—1250
1251—1253
1254—1255
1256—0257
1258—4260
1261—1262
1«63— 1264
1265—1266
1267
1568
1269
1270—1271
1272-1275
1276
1877
1278— 1S80
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1292
1359
1360
1361—1362
1363—1365
1366— J367
1368—1369
1370— J372
1373— J374
1375
1376— J378
1377—1379
1380
1381—1382
1383—1384
1385—1386
1387—1389
1390—1391
1392—1393
1394—1396
l^_1398
1399—1400
1^1.^I|;02
1403—1405
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1408—1409
1410—141 1
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116—118
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34— 35
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163—164
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521
522
52S
524
525
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528
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198
199
201
202
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207
210
2»
STATE TRIALS.— Index of llErsRENCE to both Editioks. 317
OCTAVO.
r.xiy.io82foio8s
1084^1065
1086—1087
1088—1090
1091-^1092
1093
1094
1095—1096
1097
1097—1099
1100—1101
1102—1103
1104—1105
1106—1108
1109—1110
1111—1112
H13— 1115
1116—1117
1118—1119
1120—1121
1122—1124
1125—1126
1127—1128
1129—1130
1131—1133
1134—1135
1136—1137
1138—1140
114.1—1142
1143—1144
1145—1147
1148—1149
1150-1151
1152—1154
1155—1156
1157—1158
1159—1160
1161-1163
1164—1165
1166-^1167
1168—1170
1171—1172
1173—1174
1175—1176
1177—1178
1179—1181
1182—1183
1184—1185
1186—1188
1189—1190
1191—1192
1193
1194—1195
1199—1209
1210
1211.P.1212
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FOLIO.
w/.VIILp.212
213
214
215
216
217
218
vo/. V. 227
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
571
572
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1226—1227
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1228—1229
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1230—1231
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1241—1243
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1244—1245
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1246—1247
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589
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1255—1256
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1257—1258
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1259—1260
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1261—1263
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1264—1265
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1266—1267
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1270-1271
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1390—1391
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177—178
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47— 48
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- 215—216
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53— 54
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. 237-r239
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363—565
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269-.270
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303—304
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436—437
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. 307—308
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390 STATE TRIALS. — ^Ivdex op Refeeevce to both £]>itioii8;
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
Vol. XV. 47610477
...
vot V.p
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482-488
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669—670
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559—560
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226
671—672
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277
561—562
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563—565
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676—677
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678—679
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*••
280
568—569
...
• ••
230
680—681
..•
•..
281
570—571
• •#
• .»
231
682-683
...
•»•
282
572—573
...
...
232
684-686
• ••
• 9*
283
574—575
• •r
• • •
233
687—688
.*•
• ••
284<
576—577
...
...
234
689-^91
• f.
• •»
285
578-^79
...
• ••
235
692--693
• ••
• ••
286
580— 5S2
...
...
236
694—695
• ••
• • ■
287
583—^84
••#
...
237
696—697
• ••
• *•
288
585—^86
.«•
...
238
69a— 699
• *»
• •«
289
587--588
• *.
...
239
700—702
• «.
• «•
290
589^-^90
...
• ••
240
703—704
voL VIIL app>
569
591—592
• •#
• .#
241
705—706
•••
• ••
570
593—594
. •••
•.•
242
731—732
•••
vO.VL
1
595—597
•••
«•■«
243
733
•••
•••
2
598-*599
••«
.*•
244
734^736
ftf
•ft
3
STATE TRIALS. — Index of Referekce to both Editioks. 321
OCTAVO.
vd.xy.7si tolas
739—740
741—742
74.3—746
.. 747— 74?8
749—750
. 751—752
753—754
755—757
758
759
761—762
763
764—766
767—768
769—776
777—779
780—781
782—783
784—785
786—788
789—790
791—792
793—794
795—796
797—798
799 — 800
801
802
805—808
809—810
811 — 812
813—814
815—816
817—818
819^-820
821—823
824—825
826—827
828—829
830—832
833—834
835—836
837—838
839^—840
841—842
843—844
845—846
847—849
850—851
852—853
. 854^--855
. 856—858
859—860
861—862
863-*-»864
. 865..,^67
VOL XXXIV,
FOLIO.
••• vol* IX. p»
•f •
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• ••
•••
• ••
« • •
• ••
• •f
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
OCTAVO.
To/. XV. 868 to 869
870—871
872
873—874
. 875—876
877—878
879—881
882—883
884—885
886— «87
891—892
893
894
897
897
898—900
901—902
903—904
•905—906
907—909
910—911
912—913
914—915
916—917
918—920
92l-r.922
923—924
925—926
927—928
929—931
932—933
934—935
936—938
939—940
941—942
943—^44
945—946
947—948
949—950
951—952
953—954
955—956
957—959
960—961
962—963
964—966
967—968
969-970
971—972
973—974
975—977
978—079
980—981
982—984
985-^986
. 987<^88
•••
•••
•#•
•••
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• #•
• ••
• ••
• ••
*••
45
46
47
48
49
50
51
52
53
54
55
56
51
58
57
53
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
3i2 8TATE TRIALS.^^kiibk ot tlErsftftKefc w Mtx Snttio^t.
OCTAVO.
rol.XV.9S9io99i
992
993—1044
1045— KH9
1050
1051—1052
1053—1055
1056—1057
1058—1062
1063— 10§4}
1065—1066
1067—1068
1069—1071
1072—1073
1074—1075
1076—1077
1078—1079
108O— 1082
1083—1084
1085—1087
1088—1089
1090—1095
1096—1097
1098—1099
HOO— 1102
1103—1104
1105—1106
1107—1109
1110—1112
1113—1114
1115—1116
1117-^1118
1119^1121
. 1122—1123
1124—1125
1126—1127
1128 — 1130
1131_1.1S2
1133—1134
1135—1136
1137—1138
1139—1140
1141—1142
1143—1145
1146— W 47
1148—1149
1150—1151
1152—1154
1155—1156
1157—1158
1159—1.160
1161—1163
1164—1165
1466—1167
1'168— 1169
1170—1171
1172—1174
•»•
o«
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• ••
• •
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• ••
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wAVLy.
loa
• ••
101
•••
102
• ••
101
• ••
102
• ••
103
• ••
104
• ••
105
• ••
106
• ••
107
• ••
108
• ••
109
• ••
110
• ••
HI
• ••
112
• a*
113
• ••
114
• ••
115
ar*
116
•••
117
•••
118
•••
119
•••
120
•••
121
•••
122
•••
123
•••
124
•••
125
•••
126
■••
127
•••
128
•••
129
• • •
130
■••
131
•••
132
•••
133
*••
134
•••
135
•• •
136
•••
137
•••
138
•••
139
•#•
140
•••
141
•»t
142
•••
143
•••
144
••»
145
•f«
146
•••
147
•••
148
•••
149
•••
150
•••
151
•••
152
•••
153
•••
154
OCTTAVO.
VqL U75toll76
XV. 1177
1195—1201
1202—1206
1207—1210
1211—1215
1216—1219
1220—1223
1224—1228
1229
1231
1231
1232—1233
1234—1235
1236—1238
1239—1240
1241—1242
1243—1244
1245—1246
1247—1249
1250—1251
1252-^1253
1254—1255
1256—1257
1258—1260
1261—1262
1263—1264
1265—1266
1267—1268
1269—1271
1272—1273
1274—1275
1276—1277
1278—1280
1281—1282
1283—1284
1285—1286
1287—1289
1290—1291
1292—1293
1294—1295
1296—1298
1299
1300
1301
1302
1303—1^05
1306—1307
1308
1309—1312
1313— L314
1315— L316
1317
1317
.1323
1324—1325
1326
FOLK).
.» Mf. vip. m
»••
•••
156
•••
Mt.XI.
295
•f •
• •#
296
«••
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297
• ••
§••
298
«••
• ••
299
•••
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300
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301
•••
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502
• ••
W/.VI
. 155
• •»
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156
k«*
•«•
157
• •■
•••
158
• ••
•••
159
• ••
•••
160
«•»
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161
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m
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•••
163
• • •
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164
• ••
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165
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166
• ••
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167
«•«
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168
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•••
169
• ••
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170
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171
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172
• ••
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173
r*»
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174
• ••
• ••
175
• ••
t*a
176
• »•
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177
• ••
• »•
178
mn
taa
179
• ••
• • •
180
• ••
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181
«r*»
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182
•••*
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183
• •fe
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m
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185
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• ••
186
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187
099
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188
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• ••
187
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188
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• ••
189
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• ••
190
191
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•••
192
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193
999
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195
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•••
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196
9W9
t*{.IX.679
680
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681
STATS TRUbS.-^|i»0£x av Rkfk^jmici; tq nmn i$]>iTi*ir«. 99?
OCTAVO.
FOLKX
OCTAVO.
Fowa,
Jro4 l$mio\S29
••• voltl^^p
.682
V^l. XVL 46/0 47
M.wi. VI. 1^209
XV. 1330—1331
••.•■ •••
683
48— 50
t»»
•
• ••
210
1332—1334.
• • • • • •
684
51
•••
• ••
211
1335—1336
••• •'••
685
52
M»
• ••
212
1337—1338
•«A •••
686
53— 54
• ••
• ••
211
1339— J.341
•t* •••
687
55
*••
• ••
212
1342—1343
••• •••
688
5&- 58
#••
...
213
1344-1345
••A •••
689
59— 60
• ••
• • •
214
1346—1347
••• •••
690
61— 62
»••
• #•
215
1348—1349
*.• * • • •
691
63— 64
• • •
• ••
216
1350—1351
»•• •••
692
65— 66
*••
• ••
217
1352—1353
• • • • • •
693
67—71
#••
• ••
218
1354—1355
• • • • « •
694
72^ 73
#••
• ••
219
1356—1358
• • • •• •
695
74— 75
*••
• ••
220
1359—1360
•_• • • • •
696
76— 77
«••
• ••
221
1361 1362
••• •••
697
78— 80
• ••
• «•
222
1363—1364
••• • ••
698
81— 82
• ■•
• ••
223
1365^1367
••• •••
699
83— 84
• ••
• ••
224
1368—1369
• • • • • •
700
85— 86
• * ■
• ••
225
1370—1371
••• •••
701
87— 89
^•«
• ••
226
1372—1373
■•• ha*
702
90— 91
• ••
• ••
227
1374^-1375
»•• •••
703
92
«••
• •■
228
1376—1378
••• •••
704
93— 95 ^
• ••
• • •
229
1379—1380
••• ••#
705
96— 97
• •t
• ••
230
1381—1382
»•• •••
706
98—100
• #•
• ••
231
1383—1385
••• •••
707
101—102
«.••
• ••
232
1386—1387
••* •••
708
103—104
««•
• ••
233
1388—1389
••t •••
709
105—106
■•••
• #•
234
1390—1392
•-•.•v •••
710
107—108
• ••
• ••
235
1393—1394
••• •••
711
109—111
• ••
• ••
236
1395—1396
••• •••
712
112—113
••••
• ••
237
1397 1399
• •_• •••
713
114—115
• ••
• ••
238
1400—1401
0«* •••
714
116—117
• ••
• »•
239
1402
• • • • • •
715
1 18—120
•••
• ••
240
1403
«•• •••
716
121—122
• #•
• ••
241
1407
voL %• app^
85
123—124
• ••
• • •
242
1408
•••^ •••
86
125 126
• ••
■ ••
243
1409—1410
••• •••
87
127—128
• ••
• ••
244
1411—1413
• • • • • •
88
129—131
• ••
• ••
245
1414—1415
^•* •••
89
132—133
• ••
• ••
246
1416—1417
»•» •••
90.
134—135
• ••
•••
247
1418—1419
••• •»•
91
136—137
•••
• ••
248
1420
••• •••
92
138—139
• ••
• »•
249
JW. XVI. 1— 5
••• ••»
195
140—142
• ••
•••
250
6
••• •••
196
143—144
••#
• ••
251
7—15
♦.•jp •••
197
145—146
•••
• »•
252
16— 17
.«•• •••
198
147—148
• ••
• »•
253
18— 20
••• •••
199
149—151
#••
• ••
254
21— 22
••• •••
200;
152—153
• ••
• ••
255
23— 30
••• •••
201
154—155'
• ••
• ••
256
31— 32
*•.•. •••
202;
156—157
♦ ••
• ••
257
33— 34
«•• •••
203;
158—160
• ••
• •t
258
35— 36
, »•♦. •••
204;
161—162
• •'
259
37— 38
••• •••
205
163—164
•••
• #•
260
39— 41
••• •••
206.
165—166
• ••
* • «
261
42— 43
••• •••
207
167—168
♦«•
• f
262
4^— 45
«•• Vft
208
169—170
«••
• »•
063
Y2
324 STATE TRIALS. — Index of Reference to both Editions.
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
F(rf.XVL171tol7S
.•. vol. VL p
.264
ro^.XVl.295to296
... wi/- VI.^
.321
174^175
•••
•••
265
297—299
•..
•••
322
176—177
•••
•••
266
300—301
•••
•.•
323
178—179
•••
•••
267
302—303
•••
•••
324
180—181
•••
•••
268
304—305
..•
•••
325
182—183
••
•••
269
306—307
...
•••
326
184—186
•••
• ' •
270
308—310
••.
••■
327
187—188
' •••
•••
271
311—312
•••
•••
328
189—190
•••
•••
272
313—314
•••
•••
329
191—192
•••
••^
273
315—317
•••
••.
330
19S— 194
•••
•••
274
318—319
• .•
•• •
331
195—196
•••
•••
275
320 324
•••
•••
332
197—199
. • .
•••
276
325—326
•••
•••
335
200—201
•••
•••
277
327
• • •
■••
336
202—203
•••
•••
278
328—329
•••
•••
337
204—205
•••
•••
279
330—332
■••
••»
338
206—208
•••
•••
280
333—834
•••
•••
339
209—210
•••
•••
281
335—836
•••
■••
340
211—212
•••
•••
282
337—338
•••
•••
341
213—214
•••
•••
283
339—340
*.•
•••
342
216—216
•••
•••
284
341-342
•••
•.•
348
217—218
•••
•••
285
343—344
•••
•••
344
219—221
•••
•••
286
345-^6
•••
••*
345
222—223
•••
•••
287
347—348
•••
•••
346
224--.225
•••
•••
288
349—351
•••
•••
347
226—227
•••
•••
289
352-^53
•••
•••
348
228—229
•••
•••
290
354—355
•»•
•••
349
230—231
*••
•••
291
356—857
.••
•••
350
232—233
•••
•••
292
358—359
•••
•••
351
234—236
•••
•••
293
360-361
•••
•••
352
237—238
•••
•••
294
362—364
•••
• • .
358
239^240
•••
•••
295
365—36(5
• • •
•••
854
241—242
. •••
•••
296
367—368
•••
•••
855
243 245
•••
•••
297
369—370
•
•••
•••
356
246—247
••■
•••
298
371—372
•••
•••
357
248—249
•••
■••
299
373—374
•.•
•••
858
250—251
•••
••t
300
375—^76
•••
•••
359
252—254
•••
•••
301
377—379
•••
•••
860
255—256
•••
•••
302
380—381
•••
•••.
861
257—258
•••
•••
303
382—383
•••
•••
862
259—260
•••
•••
304
384--385
•••
•••
36S
261—262
•#•
•••
305
386—387
•••
•••
m
263—264
•••
•••
306
388—389
•••
•••
965
265—266
•••
•••
307
390—391
•••
•••
966
267—268
•••
•••
308
392—393
•••
•••
367
269u^271
•••
•••
309
394—395
•••
•••
968
272—273
•••
•••
310
396—398
•••
•••
869
274--275
••■
•••
311
399—400
•••
•••
370
276—277
•#•
•••
312
401—402
•••
•••
871
278—279
•••
•••
313
403—404
•••
•••
872
280—281
•••
•••
314
405—406
•••
•••
873
282-^283
•••
•»•
315
407—408
•••
••• *
374
284—286
•••
•#•
316
409—410
•••
•••
375
287—288
•••
•••
317
411—412
•••
•••
376
289—290
•t«
•••
318
413—415
••t
•••
877
291—292
•••
•••
319
416—417
•»•
•t*
378
293-i*294
t«f
•#•
320
418--419
f««
ff«
379
STATE TRIALS.-
—Index of
RsrEitfiNC^ TO BOTH
Editions.
325
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
•
Fa/.XVI.420to42l
Vol. VI. p
.380
Fo/.XVI.590^o591
...voLVLp
• 437
422—423
•••
•••
381
592—593
•••
•••
438
424—437
•••
•••
382
594—596
•••
•••
439
438—439
•••
•••
383
5J97— 598
•••
•••
440
440—442
•••
•«•
384
599—600
•••
•••
441
443—444
•••
•••
385
601—602
•••
•••
442
445—446
•••
•••
386
603—607
•••
•••
443
447_4t48
•••
•••
387
608—609
• • •
•••
444
449—450
•••
•••
388
610—612
•••
• • •
445
451—452
•••
•••
389
613—614
•••
•••
446
453—467
•••
•••
390
615—616
•••
•0*
447
468—477
•••
•••
391
617—618
•••
•••
448
478—479
•••
•••
392
619—620
•••
•••
449
480—482
•••
•••
393
621—623
•••
•••
450
483—484
•••
•••
394
624—625
•••
•••
451
4«5— 486
•••
•••
395
62ft-^27
•••
•••
452
487—489
•••
•*•
396
628—629
•••
•••
453
490-r-496
•••
•••
397
630—632
•••
•••
454
497—498
•••
•••
398
633—634
•••
•••
455
499— .501
•••
•••
399
635—636
•••
•••
456
502—503
1
•••
•••
400
637—638
•••
•••
457
504—505
•••
•••
401
639^—646
•••
«••
458
506—507
•••
•••
402
647—649
•••
•••
459
508—510
•••
•••
403
650-^^53
•••
•••
460
. 511—512
•••
•••
404
654—655
•••
•••
461
513—514
•••
•••
405
656—657
•••
•••
462
515—517
•••
•••
406
658—660
•••
•••
463
518—520
•••
•••
407
661—662
•••
•••
464
521—522
» • •
•••
408
663—670
•••
...
465
523—524
•••
•••
409
671—672
•••
•••
466
525—527
••• ■
•••
410
673—674
•••
•••
467
528—529
••• ■
•••
411
675—676
•••
•••
468
530—581
•••
•••
412
677—679
•••
•••
469
532^533
•••
* • «
413
680—681
•••
•••
470
53^i—535
•••
•••
414
682—683
• •••
•••
471
SS&'^SS
•••
•••
415
684—686
•••
•••
472
539—542
•••
• •
416
687—688
•••
•••
473
543—544
•••
•••
417
689—690
•••
•••
474
545—547
•••
•••
418
691
•••
•••
475
548—549
■••
•••
419
644
•••
*•*
476
550—551
■ • •
•••
420
695
.^-
vol. VUI. 289
552—553
•••
•••
421
695
•••
«••
290
55if'-'555
•••
•••
422
^ 696—697
•••
• ••
291
556S57
•••
•••
423
698—699
•••
• ••
292
558—559
•••
•■•
424
700—702
•••
• ••
293
560—562
•••
•••
425
703—704
•t«
• ••
294
563—564
•••
•••
426
705—706
•••
• f •
295
565—566
•••
•••
427
707—708
•••
•••
296
567—568
*••
•••
428
709—710
•••
•••
297
569—573
•••
•••
429
711—712
•••
• ••
298
574—576
•••
•••
430
713—714
•••
• »•
299
577—578
•••
•••
431
715—716
•••
• ••
300
579—580
•••
•••
432
717—718
•••
• ••
301
581—582
•••
•••
483
. 719L— 721
•••
#••
302
583—584
•••
■••
434
722—723
•••
• »•
303
585—587
•••
•••
435
724—725
•••
•••
304
588-^89
•••
•••
436
726—727
<••
30$
AS
ATikTB ITIIALS — Irbftx ot RtyERENcr. to both iDmdNs.
OCTAVO.
780—731
732—733
734—735
736—738
739—740
741—742
743—745
746—747
748—750
751—752
758—754
755—756
757—758
759—761
762—763
764—766
767—768
769—770
•771—773
774--775
776—777
778—779
780—782
783-^784
785—786
787—788
789—790
791—793
794—795
796—797
798
799
800
801
802—804
805—806
807—808
S09— 811
812—813
814—815
816—818
Sl9— 820
821—822
823-.J825
826—827
828—829
830— 8S2
833— «85
836—837
838-B39
840—842
843—844
845—847
848—849
850—851
852—853
■ ^■■r nn*!—
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• ••
• ••
• ••
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POLIO.
W.Vni./f.306
307
308
309
310
311
312
813
314
315
316
317
318
319
... 320
... 321
••• *j^£
vol. VI. 477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
•••
•••
••t
•••
•••
«••
••■
»••
•••
•••
•••
»..
•••
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•*•
»••
OCtAVO.
r(rf.XVl.854fti856
857—868
♦<59— 860
e61--862
863—865
*J66— 867
868—869
870—871
872—873
874—875
876—877
678—880
Dol ODZ
883—884
885—886
887—888
689—^1
892-^893
894—895
896 -'897
898—^900
901-^902
903—904
905—906
907-^)8
909—910
911—912
913-^14
915—917
918— *JI9
920—1^21
922—^3
924—925
926—927
928—^129
930—931
932—934
935—936
937-938
939—940
941—942
943—944
945—946
947—948
919—950
951— .952
953—954
955—956
957—958
959—961
962—963
964-4J65
966—967
968—969
970—971
972— S74
975--^76
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516
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EbiTxioks.
337
OCTAVO.
FOLro.
OCTAVO.
FOLIO.
fd. mii^ 978
%>oL Vf . p
.572
Fdl. 1103#«11O4
...1
whVhp.em
XYI. 979— 980
•••
1
•••
573
XVI. 1105—1107
•••
•'••
630
981 — 982
•••
•#•
574
1198—1109
•••
'«••
631
983 — 064,
•••
•••
575
1110—1111
• ••
•••
632
985— 9M6
•••
•••
576
1112—1113
•••
•••
633
987— 989
■••
•••
577
1114—1116
•••
•••
634
990 — 991
• ••
•••
578
1117—1118
•••
•••
635
992— 993
•••
•••
579
1119—1120
•••
«••
636
994— 995
■••
•••
580
1121—1122
•••
•••
637
996 — 997
•••
•••
581
1123—1124
•<•
•••
638
998 999
•••
• ■ •
582
1125—1126
•••
•••
617
1000— 1001
••• t
•••
583
1127—1129
•••
•••
618
1002— iOOS
•••
•••
584
1130—1131
•••
•••
619
1004^—1006
•••
• • •
585
1132—1133
•••
•••
620
1007—1008
•••
•••
586
1134—1135
•••
•••
643
1009—1010
•»•
•••
587
1136—1137
•••
•••
644
1011—1012
•*•
•••
588
1138—1139
•••
•••
645
1013—1014
'•••
'•••
589
1140—1141
•••
••• .
646
1015—1016
•*•
•'••
590
1142—1143
•••
t«*
647
1017—1019
•
•••
•••
591
1144—1145
•••
«••
648
lOSau.1021
•••
•••
592
1146
•••
•■•
647
1022—1023
•••
•••
593
1146—1148
•••
•••
648
1024—1025
•••
•#•
594
1149
•••
•••
649
1026—1027
* • •
•••
595
1149—1150
•••
•••
650
1028—1029
•••
•••
596
1151—1152
•••
•••
651
1030—1031
•••
•••
597
1153—1154
•••
•••
652
1032—1034
• • •
•••
598
1155—1156
•••
•••
e5S
1035—1036
•••
•••
599
1157—1159
• •
•••
654
1037—1038
•••
•••
600
1160—1161
•t«
•••
655
1039—1040
'•••
•••
601
1162—1163
•••
•••
656
1041—1042
•••
•••
602
1164—1165
•••
•••
657
1H3— 1045
•••
•••
603
1166—1167
•••
•••
65s
1046— 1047
•••
•#•
604
1168—1169
• • .
• ••
659
1048—1049
•••
•••
605
1170—1171
•••
•••
660
1050—1052
•••
•••
606
1172—1174
•••
•••
661
1053—1054
•••
•••
607
'1175—1176
•••
•••
662
1055—1056
•••
••«
608
1177—1178
•••
•••
663
1057—1059
•••
•••
609
1179—1181
•••
•••
664
1060
•••
•••
610
118^—1183
•••
•••
665
1061—1063
•••
•••
611
1184—1185
•••
••»
666
1064—1066
•••
•••
612
1186—1187
•••
• • ■
667
1067—1068
•••
•••
613
1188—1189
••
•••
668
1069—1070
••■
•••
614
1190-1191
•••
•••
669
1071—1073
• •••
•••
615
1192—1194
«••
•••
670
1074—1075
•••
•••
616
1195—1196
•••
•••
671
1076—1077
•••
•■•
617
1 197—1 198
•••
•••
672
1078—1080
•••
• « •
618
1199—1200
•••
•••
673
1081—1082
•••
•••
619
1201—1202
•••
•••
674
1083—1084
•••
•t*
620
1203—1204
• • •
•#•
675
1085-^1087
*t«
•••
621
1205—1206
•t •
•••
676
1088—1089
•••
•••
622
1207—1209
•••
•••
677
1090—1091
•#•
•• •
623
1210—1211
•**
•••
678
1092—1093
• • •
•••
624
1212—1213
•••
•••
679
1094—1096
•••
•••
625
1214—1215
■••
•••
680
1097—1098
•#•
■••
626
1216—1217
•••
•••
681
1099—1100
•••
••0
627
1218—1219
•••
•••
682
1101-.1102
•••
•t0
628
1220—1221
•••
r
• ••>
663
328
STATE TRIALS. — ^Iitdbx of Refikewce to both Editioks.
OCTAVO.
Vol. l^22tol224f
XVL 1225—1226
1227^1228
1229— 12S0
12S1— 12S3
1234—1235
1236—1237
1238—1239
1240—1241
1242—1243
1244—1246
1247—1248
1249—1250
1251—1253
1254—1255
1256—1257
1258—1260
1261—1262
1263—1264
1265—1266
1267—1268
1269—1270
1271—1272
1273—1274
1275—1276
1277—1279
1280U.1281
1282—1283
1284^1285
1286—1287
1288—1289
1290—1292
1293—1294
1295—1296
1297—1299
1300—1301
1302—1303
1304—1305
1306—1807
1308—1309
1310—1312
1313—1314
1315—1316
1317—1318
1319—1320
1321—1322
1323—1324
1325—1326
1327—1328
1329—1331
1332—1333
1334
1334
1334^1335
1336—1337
1338—1339
1340—1341
FOLIO.
•••
•••
•••
•••
•••
•••
•«•
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•*•
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
•••
••*
•••
•••
OCTAVO.
vol.\L
;i.684
VoL 1342 to 1343
685
XVL 1344—1346
686
1347—1348
687
1349—1350
688
1351—1353
689
1354—1355
690
1356—1357
691
1358—1360
692
1.S61— 1362
693
1363—1364
694
1365—1366
695
1367—1368
696
1369—1371
697
;372— 1373
698
1374^— 1375
699
1376—1377
700
1378—1379
701
1380—1381
702
1382—1383
703
1384— 13a5
704
1386—1388
705
1389^1390
706
1391
707
1392—1393
708
1394
709
1395
710
r.XVIL29— 30
711
31
712
31— S3
713
34— 35
714
36— 37
715
38— 40
716
41— 42
717
43— 44
718
45— 47
719
48— 49
720
50— 51
721
52— 54
722
55
723
56
724
57— 59
725
601— 62
726
63— 64
727
65— 67
728
68— 69
•••
729
70— 72
730
73
731
74
732
74— 76
733
77— 78
734
79— 80
735
81— 83
736
84— 85
735
86— 88
736
89— 90
737
91— 92
738
93— 94
FOLIO,
•••
•••
•••
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p. 739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
IX. IS
H
15
16
17
18
19
20
21
22
23
24
25
26
61
62
63
64
65
66
25
26
27
28
29
80
SI
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SS
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35
S'l'A'lE TR
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. — Indi
EX OF J
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329
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
Val.XVlU95io 97
•••
vol. IX.
p. 36
Vol. XVIL 213
voL IX. f), 69
98— 99
•••
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214
••• •<
. • 70
100—102
•••
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215/0216
••• ••
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103—104?
•••
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217
«•• •<
72
105—106
'...
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218—219
••• •<
73
107—109
•••
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2201-^22
••• •<
74
110—111
•••
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223
••• •<
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112—114
•••
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224—226
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115—116
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227
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117—118
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119—121
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228
••• .1
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122—123
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228
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124—125
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229—230
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126—127
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231—232
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128—130
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233—234
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131—132
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235—236
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133—134
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237—238
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135—137
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239—240
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138—139
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241—243
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140—141
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244—245
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142—143
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246—247
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248—249
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149—150
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252—254
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255—256
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153
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257—258
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153
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259—261
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154—158
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159—160
•••
94
264
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93
161
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264
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161
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265
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162—163
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95
266
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164—165
•••
96
267
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166—168
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268
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169—170
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269—270
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95
171—172
•••
99
271—272
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96
173—174
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100
273—274
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97
175—176
•••
101
275—277
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98
177—178
•••
102
278—279
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179—180
••■
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280—281
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181—182
•••
104
28 ^.i— 283
• •1
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.• 101
183—184
•••
105
284—286
• ■I
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185—186
•••
106
287
• ••
• 4
103
187—188
•••
107
288
• ••
* .
.. 104
189^190
«••
108
287—289
• •<
• •<
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191—192
• ••
109
290
• •<
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. 104
193—194
•••
110
291—293
• • 1
• •
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195—196
•t •
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294—295
• •<
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197—198
•••
112
296
• •<
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199—200
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296
• •<
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201—202
•••
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297—298
a.
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203—204
•••
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299—300
• •<
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205—206
•. •
116
301—302
• a 1
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109
207
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303—305
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208
•••
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306—307
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209—211
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vo/VlX. 67 1
308
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212
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3M STATE TRIAL8.«^Iv0«E dt ItevBMnic^ to iiotH KbiiPHo^l
OCTATO. FO
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OCTAVO.
FOEKX
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Vol. 42»lb4e6
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' S10toSi2
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XVII. 427—428
...
...
166
BIS— ^H
».. 114
429—431
..«
...
167
315—316
... 115
432—483
...
...
168
317_^18
... 116
434—435
VA
• ..
169
31^—320
... 117
436—487
..'•
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32I--822
... 118
488—439
'.••
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323--324>
... 119
440—441
■».■.
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172
325—326
... 120
442-448
..-.
•..
173
327—828
... 121
444 — 446
%^
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174
329^—331
... 122
447—448
...
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175
332—633
... 123
TtVU ~^f9K/
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176
334—^5
... 124
451-^^3
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...
177
386—337
... 125
454^-455
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178
338 — 339
... P26
456—457
'..%
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179
340—341
... 127
458—459
...
&..
180
342—344
... 128
460
'..•
...
181
345—346
... 129
.461—462
...
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182
347-348
... 130
461—462
'..«
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181
349—350
... 131
463—464
...
...
182
351--353
... 132
465—466
...
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183
354-^355
... 133
467—468
' V.W
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184
356—357
... 134
. 469—471
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185
358-^60
... 135
472--473
...
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186
361-— 362
... 136
474—475
...
...
187
368—364
... 137
475-477
.r.
...
188
565—367
... 138
478—480
'..^
...
189
368—369
... 189
481-482
...
...
190
370—371
... 140
483-^484
...
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191
. 372—373
... 141
485-486
..•
•..
192
374—375
... 142
487—489
..\
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193
376—378
... 143
490-491
!••
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194
379—880
... 144
492—493
...
*••
195
881
... 145
494^^495
..•
...
196
382
... 146
496—497
...
•.•
197
388
... 145
498—500
...
...
198
384—385
... 146
501—502
...
«.«
199
886—387
... 147
508—504
*.•
...
200
388—389
... 148
505—507
...
...
201
3i^()— 891
... 149
508—509
...
...
202
392—894
... 150
510
...
...
203
895
... 151
510
...
• •m
204
, 89o •••
... 152
511-^12
...
4«.
203
35)7
... 151
513
...
i..
204^
398
... 152
514—515
..W
...
205
399—401
... 153
516-^18
...
...
206
402—408
... 154
. 519—520
...
...
207
404—405
... 155
521—522
• ■ •
...
208
406—407
... 156
523
...
.. .
209
408—409
,.. 157
524
...
• * •
210
410—411
... 158
525
...'
...
209
412—413
... 159
526—527
a..
' •••
210
414—416
.,. 160
528-n529
...
...
211
417—418
... 161
530—531
...
..«
212
419—420
... 162
532—633
• .<•
...
213
421—422
... 163
534-^536
' • • ■
»«.
214
423—424
... 164
587—538
«*•
...
215
STATE TR]
FO
^I«Bix or RosraxMOi to B&tit Botfioffs. 331
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652—654
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6^55—656
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545
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657—658
>.. 269
546—547
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659—660
' 270
548—549
'•<•
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661—663
•«• ♦.. ^/ 1
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559-^60
•*•
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673—674
.«« \ . . 276
561—562
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675
%4% ».. 275
563
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675
««• 1 . . 276
563
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676S77
■k«« ♦•• 277
563—565
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680--682
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696—698
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699—700
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582—584
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701—702
\m% 4.. 288
585—586
•*•
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703—704
%b» «•• 289
587—588
•«•
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705—707
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589—^90
•»•
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708—709
•«• *.. *•»!
591-.592
• k«
• ••
239
710—711
»•• «.• <692
593—594
• ••
'•«•
240
712—714
«•• ».. 293
595-496
• •■
* •••
241
715—716
*.. 4.. 294
597—598
V«*
^•*
242
717—718
*'«« ••• ^"5
. 599 601
• ••
*••
243
719—721
296
602—603
*(i»
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244
722—723
•*• *•• 297.
604 605
*••■
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245
724—725
•«» 4.. ^98
606—607
*««
• ••
246
726 727
• 9B 4»« 299
608—609
• •*
*•»
247
728—729
300
610—611
■ •'•
• •M
248
730—731
M. 301
612—613
»••
• ••
249
732—734
*.. 302
614—615
• »•
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250
735—736
«•• 4.. 303
616
W\»b
• ••
251
737—738
i». ».. 304
616 618
k » »
»»b
252
739—741
%•• •»•• 3O5
619—620
»»•
•»»
251
742—743
%k» •#• 306
621
• «•
• •»
252
744—745
»«. *.. 307
622 623
• •«
» • k
253
746—747
*•• *•• «5Uo
624
• h»
• •b
254
748—750
♦.. 309
625 628
• ••
255
751—752
••• «•• olO
629 630
• ••
• ••
256
753—754
••• «•• 511
631—632
• ••
• ••
257
755—757
*•. ••• %i\.£t
633 634
;•»•
• ••
258
758—759
• b» ••• dlo
635 637
• ••
• #•
259
760—761
••• ».. 514
638—639
»**
« » •
260
762
••• ' *•• 515
640 641
• «»
«••
261
763—764
••• ••• oio
642—643
• • •
• ■ •
262
- 801
voL X,«/jp. 117
K (544—645
• •■•
• » •
263
802
••• ••• 118
646—647
• • •
■ • •
264
803—804
••• «•• 1 19
332
STATE TRIALS. — Index of Refeeehce to both Editioks.
OCTAVO,
FOLIO.
OCTAVO.
FOLIO.
VoL 805/0806
voLX,api
t>. ». 120
Vol. 918<o 919
vol, X. app. p
.173
XVII. 807—809
m A
.. 121
XVII. 92(f— 921
•••
• ••
J 74
810—811
• •• •«
.. 122
922
•••
•••
175
812—813
• •• •<
.. 123
923— 924
•••
• »•
176
814—815
• •• .1
.. 124
923— 925
•••
vol.M.
. 763
816—617
• •• .4
.. 125
926
*••
•••
764
818—819
■ •• •!
.. 126
927— 929
•••
•••
765
820
■ •* .4
.. 127
930— 931
■••
•••
766
820
• ■• •<
.. 128
932— 933
•••
•••
767
821—822
• •• •<
,. 127
934— 935
•••
•••
768
823
• •• •<
.. 128
.. 129
936— 938
..•
•••
769
824—825
• •• •<
939^ 940
.. •
..•
770
826—828
« • • •<
.. 130
941— 942
...
•••
771
829—830
*•• •<
.. .131
943— 944
»••
...
772
831— 8S2
• •• •<
.. 132
y^f*^^^ Stto
•••
•■•
773
883— 834
• •• •<
.. 133
947— 949
...
.••
774
835—836
• •• •«
»• 194
950— 951
•••
•••
775
837—838
• •• •«
.. 135
952— 953
•••
•••
776
839—840
• •• •<
.. 136
954— 955
•••
• a •
777
841—842
• •. •«
•• 137
956— 957
•••
• ••
778
o4S ovv
• »• •«
.. 138
958— 959
•••
• ••
779
845
• •• •«
,. 137
960^ 961
•••
• ••
780
845
• •• •<
. 138
962— 964
■••
• ••
78i
845—847
• •• ••
.. 139
965— 966
•••
• ••
782
848—849
• •• •*
.• 140
967— 968
• • •
• ■•
783
850—851
• •* •<
. 141
969— 970
...
• ••
784
852—853
• •• •*
. 142
971— 972
•••
• ••
785
854—856
• .• ••
.. 143
973— 975
• a*
• at
786
857—858
• •• ••
.. 144
976— 977
• ..
• ••
787
859—860
• •• .i
. 145
978— 979
• ••
• ••
788
861—862
• •• •«
. 146
980— 981
•••
• ••
789
863—864
• ••
147
982— 983
• ••
• ••
790
865—866
• •• • 1
148
984— 985
• ••
• ••
791
867—868
• •• • •
149
986— 987
• ••
• ••
792
869—870
• •• • I
150
988— 989
#••
• ••
793
871—872
• ••
151
990—1002
*••
«••
794
873—874
• •• •«
,. 152
1003—1004
• ••
• ••
795
875—876
• #• ••
.. 153
1005—1006
• ••
• ••
796
877—878
• ••
. 154
1007—1008
• ••
• ••
797
879—881
• •• ••
. 155
1009—1010
«••
■ ••
798
882—883
• •• .1
.. 156
1011—1013
• ••
• ••
799
884—885
• •» •«
,. 157
1014—1015
...'
.••
800
886—887
• •• •!
.. 158
1016—1017
• ••
• *•
801
888—889
• •• ••
• 159
1018—1019
• ••
• ••
802
890—891
• •• •<
.. 160
1020—1022
• ••
• ••
805
892—894
• •• •<
.. 161
1023—1024
• ••
• ••
804
895—896
• • • •<
.. 162
1025—1026
• ••
• ••
805
897—898
• •• .4
.. 163
1027—1029
• ••
• ••
806
899—900
.*• .4
.. 164
1030—1031
...
• ■•
807
901—902
• •• .1
.. 165
1032—1033
• •a
...
808
903— W4
• .• •(
.. 166
1034—1035
• a.
.*•
809
905—906
• •• .4
.. 167
1036—1038
..,.
..%
810
907—908
• •* •*
. 168
1039—1040
• ••
• ••
811
909—910
■ ••• •<
. 169
1041—1042
.«•
• ••
812
911—913
• •• •«
. 170
1043—1044
• ••
• •• '
813
914—915
• a. ••
• 171
1045—1046
• ••
• ••
8^4
916-^17
*«• •!
.. 172
1047—1049
*tV
•••
•
814
STATE Trials. — Index of IIeferencr to both ^Iditions. 3^3
OCTAVO.
Vd. 1050^01051
XVII. 1052—1053
1054—1055
1056—1057
1058—1060
1061—1062
1063—1064
1065—1066
1067—1069
1070—1071
1072—1073
1074—1075
1076—1078
1079
1080
1079—1081
1082—1083
1084—1085
1086—1088
1089L-.1090
1091—1094
1093—109*
1095—1096
1097—1098
1099—1100
1101—1102
1103—1104
1105— U07
1108—1109
lllO— nil
1112—1114
1115—1116
1117—1118
1119—1120
1121—1122
1123—1125
1126—1127
1128—1129
1130—1132
1133—1134
1135—1136
1137
1138
1139
1143_1144
1 145—1147
1148—1149
1150—1151
1152
1223
1224—1225
1226—1227
1228—1230
1231—1234
1235—1236
1237—1230
1240-^^1241
••• •••
••• •••
•»■ •••
••• •••
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339
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
Vol. 1229/01230
• voL X. p.
139
Fo/. XIX. 18 to 19
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340 STATE TRIALS.~In2>£x em REPsaxxcfi to ju>kh Bi>HriM[9«
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OCTAVO.
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885-^86
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. 265
499
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322
387— «88
• ta •«
.. 266
SOO-^^Ql
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• .•
323
389—390
• •• •«
.. 267
502—503
..•
324
S91— S92
• •• •«
.. 268
504—505
• ••
• *•
325
393— S945
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.. 269
506-^507
• ••
• ••
326
395--396
1
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.. 270
508
• ••
• ••
327
397— S98
• •• .1
.. 271
509—510
• .•
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328
399^-^400
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.. 272
511—512
•••
• ••
329
401
• .• •«
,. 273
513—514
• a*
• a*
330
40^-403
«•• .1
.. 274
515—^16
... '
• ••
331
404—405
• •• .1
.. 275
517—^18
...
• a«
332
406—407
• •• ai
.. 276
519
• ••
• ••
333
4Uo ' 'jAj%j
».• •«
.. 277
520-^21
• ••
• ••
334
410
••• '•!
. 278
522—523
• a.
• aa
335
411—412
• •• •«
.. 279
524-^525
• ••
• ••
336
413—414
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.. 280
526—527
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• a«
337
415—416
• «• .4
,. 281
528—529
• ••
• ••
338
417
• •• .4
.. 282
530—531
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• ••
339
418-^19
• •• .4
,. 283
532—533
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340
420-421
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534-^35
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• ••
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422—423
• •• ••
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536—537
• ••
• ••
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424^-425
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.. 286
538
• • •
• ••
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426—427
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.. 287
539—540
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• ••
344
428—429
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.. 288
541—542
• ••
• ••
345
430—431
• •• •4
.. 289
543—544
.••
««•
346
432-434
• a* ^4
.4. 290
545—546
• ••
• ••
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435-436
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.. 291
547
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•••
348
437—438
• •• •«
.. 292
548—549
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• ••
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439—440
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,. 293
550-^51
• a*
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350
441—442
• •• ••
. 294
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• ••
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554^^55
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•••,
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446-447
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. 296
556—557
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448—449
• •• • •
297
558
• ••
aa.
354
450—451
• »« • <
298
559—560
• a*
»••
355
452-454
• •• •4
.. 299
561—562
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a.a
356
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.. 300
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• ••
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457-458
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. 301
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568—569
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464-465
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,. 304
570—571
• ••
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• ••
361
46&-467
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.. 305
572—573
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• ••
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468—469
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,. 306
574—575
• a*
• ••
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470-471
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,. 307
576
• a*
• ••
364
472
• •• •<
,. 308
577—578
• .•
• ••
365
473—475
• • • 9t
.. 309
579--580
• ••
• ••
366
476—477
• •* •<
.. 310
581—582
• a*
• ••
367
478—479
• •• •!
.. 311
583—584
• a*
• ••
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480
• •• •<
.. 312
585—586
• ••
• ••
369
481—482
• •• .4
.. 313
587—588
...
• a«
370
483—484
• •• •4
.. 314
589—590
• a«
• a*
371
485—486
• •• ••
. 315
591—592
• ••
• aa
372
487—488
• ••' •4
.. 316
593—594
• •«
• ••
373
489-490
• •• •4
.. 317
595—596
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374
491—492
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.. 318
597 598
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375
493
f ••' ' •!
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599—600
a.a
• ••
376
343
STATE TRIALS. — Ikdex of Refe&ekcb to both Eoitioits.
OCTAVO.
FOUC
>.
OCTAVO.
FOLIO.
Vol. 601/0602
••• oo/.X.p.877
Vol. 124 to 725
' •••
00/.X.
p.l9S
XIX. 603-^.604
••« •«
.. 378
XIX. 726—728
• • »
• • •
199
.605—607
•«• mt
.. 379
729—730
•••
•.•
200
608—611
• •• •<
.. 380
731
•••
•••
201
612—613
• •• •«
.. 381
732—734
•••
•••
202
614—616
• •• •!
.. 382
733
•••
•••
201
617—618
• *• •<
M 383
734
•••
•••
202
619—620
• •• •<
,. 384
735—736
•••
•••
203
621—622
«*• .1
,. 385
737—739
•••
••«
204
623—624?
• •• •!
,. 386
745—747
•••
•••
417
625—627
• •• •!
.. 387
748
•«•
•••
418
628—629
• •• •«
.. 388
749—750
•••
•••
419
630—631
• •• ••
.. 389
751—752
•••
• • •
420
6321.^33
• •• .1
.. 390
753—754
•*•
•••
421
634—636
• •• •«
.. 391
755-757
•••
...
422
637—638
• •• ••
.. 392
758—759
•••
•••
423
639—640
• •» •!
.. 393
.760
•••
•••
424
641—643
• •• •«
.. 394
761—762
•••
•••
425
644—645
• •• •!
.. 395
763—765
•••
•••
426
646-647
• •• •«
.. 396
766—767
•••
•••
427
648—649
• •• •«
. 397
768—769
•••
•»•
428
650—652
• •• •<
.. 398
770—771
•••
•••
429
653—654
..* •«
.. 399
772—773
•••
•••
430
655—656
• •• •!
.. 400
774—775
•••
•••
431
657—658
• •• .4
.. 401
776—777
•••
•••
432
659—661
• •• •!
.. 402
778—779
•••-
•••
433
662—663
• *• •!
.. 403
780—782
•••
•••
434
664-.r665
• •» •<
.. 404
.783—785
.••
•••
435
. 666—667
• t* •<
.. 405
786—787
•••
•••
436
668—670
• t« .•<
.. 406
788—789
•••
»••
437
671—673
• •• .4
.. 407
790—791
•.•
•••
438
674
••» 1 ^4
.. 408
792—793
•••
•••
439
675—676
• •r •!
. 409
794—796
•*•*
•••
440
677—678
• •• •«
.. 410
797—798
•••
•••
441
679
• •• •!
.. 411
799—800
•••
•••
442
680
• •• 94
.• 412
801—802
•••
•••
443
680—681
• •• 44
.. 411
803—804
•••
. • •
VVif
682—683
• #•> •«
.. 412
805—806
•••
•••
445
684—685
• •• .4
.. 413
807—813
• rr
•••
446
686—687
••• 9t
.. 414
814
• ••
••»
447
688—689
• •• .•«
.. 415
814
•••
•••
448
690—692
• •• •<
.. 416
815—816
• ••
•••
447
693—694
t«r •<
.. 183
817
• ••
•••
448
695—696
• •• •!
.. 184
818—819
•••
•••
449
697—698
• •• •<
,. 185
820—821
• ••
•••
450
699—700
• •• •
.. 186
822—823
• ••
•••
451
701—702
• •• •!
.. 187
824^-625
• ••
•••
452
703—705
••• •!
.. 188
826—827
• ••
•••
458
706—707
• •r •«
.. 189
828—629
• a*
•••
454
708—709
• a* »4
.. 190
830L-631
• ••
•1*
455
710—711
• •• •«
.. 191
832—833
• ••
•••
456
712—713
• •• •<
.. 192
834—836
• ••
•••
457
714—715
• •* •«
.. 193
837--838
• ••
•••
458
.716—717
• •• .1
.. 194
839—840
• •.
..•
459
. 718—719
• •• •!
.. 195
841....642
• ••
..«
460
720-^721
• •• •«
.. 196
843
• ••
•••
461
722—723
»• • •(
.. 197
844-^46
»••
•••
462
STATE TRIALS.-— Ikdex or REF£iiEvct^ iC^oth Edxtioxs.
34a
as
OCTAVO.
FOLIO.
OCTAVO.
Vol.
XIX. 845
oo/. X.p
.461
Vol. 95Sio 960
846
•••
•••
462
XIX. 960
847/0848
•••
•••
463
961
849-.850
•••
•••
464
961— 963
851—852
•••
•••
465
964— 966
853—854
•••
•••
466
967— 968
^55
•••
•.•
467
969— 971
856—857
«••
•••
468
972— 97S
858—859
•••
•••
469
974— 975
860—861
•••■
•••
470
976— 977
862—863
•••
•••
471
978— 979
864—865
••• -
•••
472
981— 982
866—867
•••
•••
473
983— 986
868—869
..•
•••
474
987— 990
870—871
••• •
•••
475
991— 995
872—874
•••
•••
476
996—1000
S75-^^76
•.•■
•••
477
1001—1004
S77-^7S
«•• •
•..
478
1005—1009
885
•••
•••
477
IOIOl-1016
885—886
.••
•••
478
1017—1020
887—888
••• -
•••
479»
1021—1025
889—890
•••
•••
480*
1026—1028
891—892
•••
••.
481*
1029-1031
893—894
•••
•••
482*
1032—1036
895—896
•••
•••
483*
1037—1041
897—899
...
•••
484«
1042—1045
900-^901
•••
•••
485*
1046—1050
902—903
•••
•••
486*
1051—1054
904
•••
•••
487*
1055—1059
905—906
•••
...
488*
1060—1063
907—908
•••
•.•
489*
1064—1068
909
•••
•••
490*
1069—1072
910—911
• • •
•••
491*
1073—1075
912—913
• ••
.••
492»
1075—1080
914—915
•••
•••
493*
1081—1085
916—917
•••
•••
494»
1086—1089
918—919
•••
•••
495*
1090—1094
920—921
•••
•••
496»
1095—1098
*
922—923
•••
•••
497*
1099—1103
924—925
•»•
•••
498*
. 1104r-1108
926—927
•••
•••
499*
1109—1115
928
•••
•••
500*
1116—1119
929—930
•••
•••
501*
1120—1123
931—932
•••
•••
502*
1124—1138
933—934
•••
•••
503*
1137—1140
935—936
•••
•••
504*
1141—1144
937—938
•t*
•••
505*
1145—1149
939—940
•••
•••
506*
1150—1152
941—942
•••
•••
507*
1177—1178
943—944
••t
•••
50a*
1179
945—946
•••
•••
509*
1180—1181
947—948
•••
•••
510*
1182^1184
949—951
.«•
•*•
5ll»
1185—1186
952—953
••.•
.«•
512*
1187—1188
954—955
•••
•••
513*
1189—1190
956
•••
•.•
514*
1191—1192
956—957
•••
•*•
515»l
1193—1194
FOLIO.
voL X. p. 5l6f
vol. X. app, 207
208
209
210
211
212
-213
214
... 215
... 216
vol. XI. 302
303
•••
•••
*••
•••
•••
•••
•••
•••
304
305
306
307
308
309
310
311
312
313
•
314
• »„
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
833
334
335
336
337
338
vo/. X. 517»
518*
- •••
519*
520*
521*
522»
# • #^
523*
524*
525*
344 STATE TRI ALS^^I VB12C ov :
RlFBREirci TO BOTH
KDmovs.
OCTAVO.
FOIIO
K
OCTAVO.
POLKX
ra. XIX. 1195
s..'oot.X.p.6t6^\
Vol 1315fol3l7
• ••
voL X*p.5l5
Il96ton97
•t* •
.. 527*
XIX. 1318—1319
• «.
•••
514
1198—1199
••• •
,. 528*
1320—1321
. • •
« • •
515
1200—1201
••• •(
.. 529*
1322—1324
« • V
• • •
516
1202—1203
••• •<
.. 530*
1325
. • •
• • •
517
1204^1205
••• •<
.. 531*
1326—1328
• ••
•••
518
1206—1207
••• •(
.. 532*
1329
• ••
• • ■
519
1208—1209
••• •<
.. 533*
1330—1331
• «•
»••
520
1210
••• •<
.. 534*
VoL XX. 1— 22
••• <
Do£.XI.
339
1211—1212
••• «<
.. 535*
23— 26
••V
• ••
340
1213— 1214<
• • • #
». 536*
27— S5
•••
• ••
341
1215—12^16
• •• • <
.. 537*
36— 40
• ••
»«•
342
1217—1^18
•0* •<
,. 538*
41— 46
• ••
'•••
343
1219—1220
• • • ••
,• 539*
47— 51
• ••
»••
344
1221—1222
••• •(
,. 540*
52— 56
• ••
».•
345
1223—1224.
••• •<
,. 541*
57— 60
• ••
•••
346
1225—1226
••• •i
,. 542*
61— 65
• ••
• ••
347
1227—1229
• 0* •!
.. 543*
66— 67
• ..
«••
348
1230U-1231
• •• •
.. 544*
81— 85
• ••
• ••
162
1232
• •• •
.. 54^*
86— 89
• ••
• ••
163
1283
• • ■ •!
.. 546*
90— 93
• ••
• ••
164
1234*
• •• •<
,. 547*
94— 97
• ••
• ••
165
1284—1236
•
• •• •
.. 548*
98— 101
• ••
• ••
166
1285-1237
• •• •<
.. 479
102— 105
• ••
•••
167
1238—1239
• •• •
.. 480
106— 110
• ••
• ••
168
1240—1241
• •• •<
.. 481
111— 114
• ••
•••
169
1242—1243
• • • ai
>. 482
115— 119
• ••
• ••
170
1244—1246
• • • • 1
.. 483
120
• ••
'•«•
171
1247—1248
f««
.. 484
121— 127
• ••
•••
172
1249—1250
• •• •<
.. 485
128— 131
• ••
• ••
173
1251—1255
• •• •<
.. 486
132— 135
• ••
° •••
174
1256—1259
• •• •<
.. 487
136— 138
•••
175
1260—1261
• •• •
.. 488
139— 142
• ••
• ••
176
1262—1263
• ••
.. 489
143— 147
• •*
•••
177
1264—1266
• •• •<
.. 490
148— 151
• ••
•••
178
1267—1268
• •• »«
.. 491
152— 156
• ••
•••
179
1269—1270
• •• ■ 1
.. 492
157— 160
• ••
• ••
180
1271—1272
• •• ••
.. 493
161 — 165
• ••
• ••
181
1273—1275
• •• •«
.. 494
166— 169
• *•
• ••
182
1276—1277
• •• •!
.. 495
170— 174
• ••
• ••
183
1278—1279
• •• •<
.. 496
175— 178
• •«
• ••
184
1280—1281
• •• •
., 497
! 179_ 152
• #•
• ••
185
1282—1284
• •• •(
.. 498
183— 186
• ••
• ••
186
1285—1286
• ••
. 499
187— 190
• ••
• ••
187
1287—1288
• •• •
.. 500
191— 195^
• ••-
• ••
188
1289—1290
• •• •
.. 501
196— 199
• ••
•••
189
1291—1292
• ••
.. 502
200— 204
•>••
• ••
190
1293—1297
*»•
.. 503
205— 208
• ••
•••
191
1298
• •• •<
.. 504
209— 212
• ••
• ••
192
1298—1299
• ••
.. 505
213— 217
• ••
• ••
193
1300—1301
• • • •
.. 506
218— 221
• ••
«••
194
1302—1303
• • • •
.. 507
222— 226
• ••
• ••
195
1804—1305
• 0« •(
►. 508
227— 231
• ••
••••
196
1306—1308
• ••
.. 509
232— 235
• ••
• ••
197
1309—1310
• • • • 1
.. 510
236— 338
• ••
«••
198
1311—1312
• • • •
.. 511
359— 366
• ••
• ••
199
1313—1314
• • • •
,. 512
367— 370
t*«
• ••
200
STATE TRIALS. — ^Index of Reference to both Editions.
345
OCTAVO.
FOLIO.
OCTAVO.
FOLIO.
roLliX.S7Uo37A
vo/.XLp.20l 1
Fo/.XX. 596^0598
••% voL XI. p. 249
375-579
•• •••
202
599—602
•••
•'?
250
38*0-^83
■ • •.•
203
603—606
•••
•.•
251
384—587
•• •••
204
607—611
••
•••
252
388—391
i • • • •
205
612—614
•••
•.•
253
392—396
•• •*•
206
615—618
•••
•••
254
397—400
■• ..•
207
619—622
•••
•*•
255
401—405
>• ...
208
623—624
•••
•••
256
406—409
•« •••
209
625—629
•»•
•••
257
410—414
•• •••
210
630-633
.•»
•••
258
. 415—418
•• ...
211
634—638
•••
•••
259
419—423
>. •••
212
639—641
•••
•••
260
424—427
•• •••
213
642
..•
•••
261
428—432
t* •••
214
642—643
•••
...
262
433—436
»• •••
215
644—648
•••
«••
^65
437—441
!• •.•
216
649—650
•••
•••
264
442—447
»• •••
217
a51— 653
•••
•••
264
448—451
»• •••
218
654—657
•••
•••
265
452—456
1. •••
219
658—661
•••
•*•
266
457—460
'• •••
220
662—666
•••
•••
267
461—464
>• •••
221
667—670
•••
•••
268
465—471
»• ••*
222
671—674
•••
•••
269
472—475
»• «.•
223
675—679
•••
•••
270
47G— 481
I« •••
224
680-684
•••
•••
271
482—485
!• ...
225
685—691
•••
•••
272
486—490
>• .••
226
692-696
•••
•••
273
49l-4i94
)• •••
227
697—701
•••
•••
274
495^499
»• •••
228
702—705
•••
•••
275
5O0L-503
• • •••
229
706—710
•••
•••
276
504—^07
• • ••«
230
711—714
•••
•••
277
508—512
!• •••
231
715—718
•••
•••
278
513—516
!• -
232
719—723
•••
•••
279
517—520
t. •••
233
724—728
•••
•*•
280
521--525
!• • 1.
234
729— 73S
•.•
•••
281
526—529
I* •••
235
734^737
•••
•••
282
530—534
> • •••
236
738—741
•••
•••
28S
535-^45
)• •••
237
742—745
•f •
•••
284
546—556
»• •••
238
746—749
»••
••»
285
557—559
»• «.•
239
750L— 754
•••
•••
286
560—562
»• .*•
240
755—758
.••
•••
287
563-.566
»• •••
241
759^763
• « •
•••
288
567—569
»• •••
242
764—767
•••
•••
289
570—576
I. •••
243
768—771
•••
•••
290
577—580
It •••
244
772—775
.••
•••
291
581—584
• • •§•
245
776—780
•••
•••
292
585—588
»• •••
246
781—785
•••
•••
293
589—591
• •••
247
786—789
•••
•••
294
592—595
»» .••
248
THE END.
T. C. HaBMrd,
Printer,
Pater<iiofter>row, Londoa.
{
bios Qb2 112 till?
r - -•
3 bias ObS 112 till?