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labourer, not (y) being persons employed, and neither of them being a person employed, in or for the mint or mints of our said lord the king, in the tower of London or elsewhere, and for the use and service of the said mints only, and not being persons lawfully authorized, and neither of them being lawfully authorized, by the lords commissioners of the treasury, or lord high treasurer of England for the time being, on, &c. with force and arms, at, &c. one pair of (2) moulds made of chalk, (each of which said moulds would then make and impress (a) the figure, resemblance, and similitude of one of the sides of the lawful silver coin of this kingdom called sixpences) without any lawful authority or sufficient excuse for that purpose, knowingly and traitorously had in the custody and possession of them the said A. B. and C. D. at, &c. against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c.
11. Indictment for hiding and concealing coining-tools.
As in the above indictment, to the *, in the dwellinghouse of E. F. situate at the parish aforesaid, in the county aforesaid, did hide and conceal, against the duty of their allegiance, against the peace, &c. and also against the form of the statute, &c.
By stat 8 & 9 W. 3. c. 26. s. 1. it is enacted, That no smith, engraver, founder, or other person or persons whatsoever (other than and except the persons employed or to be employed in or for his majesty's mint or mints, in the tower of London or elsewhere, and for the use and service of the said mints only, or persons lawfully authorized by the lords commissioners of the treasury, or lord high treasurer of England, for the time being), shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending of any puncheon, counter-puncheon, matrix, stamp, dye, pattern, or mould, of steel, iron, silver, or other metal or metals, or of spaud or fine founder's earth, or sand, or of any other materials whatsoever, in or upon which there shall be, or be made or impressed, or which will make or impress, the figure,
(y) As to the necessity of these allegations, see p. 160. (z) See note (r), p. 359,
(a) See Lennard's case, Leach, 105.
stamp, resemblance, or similitude of both or either of the sides or flats of any gold or silver coin current within this kingdom; nor shall knowingly make or mend, or begin or proceed to make or mend, or assist in the making or mending, of any edger or edging-tool, instrument, or engine, not of common use in any trade, but contrived for making of money round the edges with letters, grainings, or other marks or figures resembling those on the edges of money coined in his majesty's mint, nor any press for coinage, nor any cutting-engine, for cutting round bianks by force of a screw out of flatted bars of gold, silver, or other metal; nor shall knowingly buy or sell, hide or conceal, or, without lawful authority or sufficient excuse for that purpose, knowingly have in his, her, or their houses, custody, or possession, any such puncheon, counter-puncheon, matrix, stamp, dye (b), edger, cutting-engine, or other tool or instrument beforementioned; and if any smith, engraver, founder, or other person or persons whatsoever, (other than and except as aforesaid) shall offend in any the matters or things aforesaid, then all and every such offender and offenders, their counsellors, procurers, aiders, and abettors, shall be, and is and are hereby adjudged to be, guilty of high treason; and being of the said offences, or any of them, convicted or attainted, according to the order and course of the laws of this realm, shall suffer death as in case of high treason.
By sec. 9. the prosecution must be commenced within three months.
By stat. 7 Ann, c. 25. s. 1. the stat. 8 & 9 Will. 3. c. 26. is made perpetual; and by s. 2. the makers and menders of tools, and such as mark money round the edges, &c. may be prosecuted within six months.
12. For petit treason, against a woman, for poisoning her husband (c).
That A. B. late of, &c. widow, late wife of J. B. late of the same place, yeoman, deceased, of her malice afore
(b) See an indictment against two persons for having a dye in their custody, for the purpose
of coining shillings, Cro. C. C. 111. 8th edit.
(c) See p. 32. 306, 307. and
thought, contriving, devising, and intending him the said
13. Commencement of an indictment for murder or manslaughter.
Lancashire (e), to wit. The jurors for our lord the king upon their oath present, that A. B. late of the parish
(d) See Nicholson's case, stat. 2 & 3 Ed. 6. c. 24. and (e) As to the venue, see the
supra, p. 5.
of C. in the county of Lancaster, labourer (e), not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil (f), on the —— day (g) of in the year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms (h), at the parish aforesaid, in the county aforesaid*, in and upon one E. F. (i), in the peace of God and our said lord the king, then and there (k) being, feloniously (l), wilfully, and of his malice (1) aforethought, did make an assault, and that, (after stating the means and manner (m) of committing the offence, allege the death thus:) of which said mortal strokes, wounds, and bruises, (according to the fact) the said E. F. from the said in the year aforesaid, until the in the same year, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live, on which said — day of, in the year aforesaid, the said E. F. at the parish aforesaid, in the county aforesaid, of the said mortal strokes, wounds, and bruises died (or if the party died very soon after the stroke, &c. thus,) of which said mortal strokes, wounds, and bruises, the said E. F. then and there instantly died. (And conclude thus,) and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A. B. him the said E. F. in the manner and by the means aforesaid, (or last aforesaid in concluding to a second or subsequent count,) feloniously, wilfully, and of his malice aforethought, did kill and murder (n), against the peace (0) of our said lord the king, his crown and dignity (p).
14. In an indictment for manslaughter, the conclusion is, and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A. B. him the said E. F. in manner and by the means aforesaid, feloniously did kill and slay, against the peace, &c.
15. Indictment against M. B. for the murder of her father by intermixing arsenic with tea and water-gruel, of which he drank at different times.
That M. B. late of, &c. spinster, daughter of Francis Blandy, late of the same place, gentleman, deceased, not having the fear of God before her eyes, but being moved
term murdrum originally meant the amerciament which was exacted from the township when a person was privately murdered, and the offender not apprehended. Fost. 281. I Hale, 447. Brac. de Coron. c. 15. And in that sense it is used in the stat. of Marlbridge, 52 H. 3. c. 26. And hence the term murdrum was afterwards used to signify the of fence which occasioned the amerciament, viz. occulta occisio nullo sciente aut vidente, Bract. cap. de murdro, and every other homicide was termed homicidium nequiter et in felonia factum; but there was no distinction between murder and manslaughter as to punishment upon conviction, Fost. 302. The term was afterwards used more extensively to mean any homicide attended with circumstances which indicated preconceived malice, Staundf. c. 10. and from the 50th of E. 3. acts of general pardon constantly except murder described as of malice prepensed, or by words tantamount, and the stat. 13 R.
2. st. 2. c. 4. enacts, that no pardon shall be allowed for murder or for the death of a man slain by await, assault, or malice prepensed, unless the same be specified in the charter, &c.
The stat. 12 H. 7. c. 7. is included in the stat. 1 E. 6. c. 12. mentioned below; the stat. 23 H. 8. c. 1. s. 3. ousts of clergy all found guilty of malice prepensed, or of any abetment, procurement, &c.; the stat. 25 H. 8. c. 3. refers to the 23d of H. 8.; these are repealed by the stat. I E. 6. c. 12. which takes away clergy from murderers of malice prepense, if found guilty, or confessing the same upon arraignment, or not answering directly, or standing wilfully mute; and the stat. 4 & 5 Ph. & M. c. 4. ousts of clergy accessories before the fac For other matters relating to this offence, see the Index, tit. Murder and Evidence.
(0) Essential, see p. 196. (p) See p. 198, and as to the conclusion in general, see p.