to admire at every turn the noble monuments of antient fimplicity, and the more curious refinements of modern art. Nor have it's faults been concealed from view; for faults it has, left we should be tempted to think it of more than human ftructure: defects, chiefly arifing from the decays of time, or the rage of unskilful improvements in later ages. To suf tain, to repair, to beautify this noble pile, is a charge intrusted principally to the nobility, and fuch gentlemen of the kingdom, as are delegated by their country to parliament. The protection of THE LIBERTY of BRITAIN is a duty which they owe to themselves, who enjoy it; to their ancestors, who transmitted it down; and to their posterity, who will claim at their hands this, the best birthright, and nobleft inheritance of mankind.

THE END OF THE FOURTH BOOK.

VOL. IV.

LI

APPENDIX.

1. RECORD of an Indiment and Conviction of MURDER,
at the Affifes.

rwickshire,

to

}

it remembered, that at the general Seffion of feffion of the lord the king of oyer and oyer and ferterminer holden at Warwick in and for the faid county of War- miner. wick, on Friday the twelfth day of March in the fecond year of the reign of the lord George the third, now king of Great Britain, before fir Michael Foiter, knight, one of the juftices. of the faid lord the king affigned to hold pleas before the king himself, fir Edward Clive, knight, one of the juftices of the faid lord the king, of his court of common bench, and others their fellows, juftices of the faid lord the king, affigned by letters patent of the faid lord the king, under his great feal of Commission Great Britain, made to them the aforefaid juftices and others, of and any two or more of them, (whereof one of them the faid fir Michael Fofter and fir Edward Clive, the faid lord the king would have to be one,) to inquire (by the oath of good and lawful men of the county aforefaid, by whom the truth of the matter might be the better known, and by other ways, methods, and means, whereby they could or might the better know, as well within liberties as without) more fully the truth of all treafons, mifprifions of treafons, infurrections, rebellions, counterfeitings, clippings, wafhings, falfe coinings, and other falfities of the monies of Great Britain, and of other kingdoms or dominions whatsoever; and of all murders, felonies, manflaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful affemblies, mifprifions, confederacies, falfe allegations, trefpaffes, riots, routs, retentions, efcapes, contempts, falities, negli gences, concealments, maintenances, oppreffions, champarties,

LI 2

decekts,

eyer and termixer,

peace.

deceits, and all other mifdeeds, offences, and injuries what fo ever, and alfo the acceffories of the fame, within the county aforefaid, as well within liberties as without, by whomfoever and howfoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumstances in the faid letters patent of the faid lord the king specified; the premifes and every or any of them howfoever concerning; and for this time to hear and determine the faid treafons and other the premifes, according to and of the the law and custom of the realm of England; and alfo keepers of the peace, and juftices of the faid lord the king, affigned to hear and determine divers felonies, trefpaffes, and other mifdeGrand jury, mefnors committed within the county aforefaid, by the oath of fir James Thomfon, baronet, Charles Roper, Henry Dawes, Peter Wilfon, Samuel Rogers, John Dawfon, James Philips, John Mayo, Richard Savage, William Bell, James Morris, Laurence Hall, and Charles Carter, efquires, good and lawful men of the county aforefaid, then and there impanelled, fworn, and charged to inquire for the faid lord the king and for the Indictment body of the faid county, it is prefented, that Peter Hunt, late of the parish of Lighthorne in the faid county, gentleman, not having the fear of God before his eyes, but being moved and feduced by the infligation of the devil, on the fifth day of March in the faid fecond year of the reign of the faid lord the king, at the parif of Lighthorne aforefaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the faid lord the king then and there being, felonioudy, wilfully, and of his malice aforethought, did make an affault; and that the faid Peter Hunt with a certain drawn fword, made of iron and steel, of the value of five fhillings, which he the faid Peter Hunt in his right hand then and there had and held, him the faid Samuel Collins, in and upon the left fide of the belly of him the faid Samuel Collins then and there feloniously, wilfully, and of his malice aforethought, did frike, thruit, ftab, and penetrate; giving unto the faid Samuel Collins, then and there, with the fword drawn as aforefaid, in and upon the left fide of the belly of him the faid Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which faid mor tal wound he the faid Samuel Collins, at the parish of Lighthorne aforefaid in the faid county of Warwick, from the faid fifth day of March in the year aforefaid until the feventh day of the fame month in the fame year, did languifh, and languishing did live; on which faid feventh day of March in the year aforefaid, the faid Samuel Collins, at the parish of Lighthome aforefaid, in the county aforefaid, of the faid mortal wound did die and fo the jurors aforefaid, upon their oath aforefaid, do fay, that the faid Peter Hunt him the faid Samuel Collins, in manner and form aforefaid, felonioufly, wilfully, and of his malice afore

thought,

thought, did kill and murder, against the peace of the faid lord the now king, his crown, and dignity. thereupon the fheriff Capias. of the county aforefaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the faid Peter Hunt, if he may be found in his bailiwick, and him fafely keep, to anfwer to the felony and murder whereof he ftands indicted. Which faid Seffion of indictment the faid juftices of the lord the king abovenamed, gaol-d liafterwards, to wit, at the delivery of the gaol of the faid lord the very. king, holden at Warwick in and for the county aforefaid, on Friday the fixth day of Auguft in the faid fecond year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief justice of the faid lord the king, affigned to hold pleas before the king himfelf, fir Sidney Stafford Smythe, knight, one of the barons of the exchequer of the faid lord the king, and others their fellows, juftices of the faid lord the king, affigned to deliver his faid gaol of the county aforefaid of the prifoners therein being, by their proper hands do deliver here in court of record in form of the law to be determined. And after- Arraignwards, to wit, at the fame delivery of the gaol of the faid lord ment. the king of his county aforefaid, on the faid Friday the fixth day. of Auguft, in the faid fecond year of the reign of the faid lord the king, before the faid juftices of the lord the king last abovenamed and others their fellows aforefaid, here cometh the faid Peter Hunt, under the custody of William Browne, efquire, fheriff of the county aforefaid, (in whofe cuftody in the gaol of the county aforefaid, for the caufe aforefaid, he had been before committed,) being brought to the bar here in his proper person by the faid fheriff, to whom he is here alfo committed: nd forthwith being demanded concerning the premises in the faid indictment above fpecified and charged upon him, how he will acquit himself thereof, he faith, that he is not guilty thereof; Plea; not and thereof for good and evil he puts himself upon the country: guilty. And John Blencowe, efquire, clerk of the affifes for the countyne. aforefaid, who profecutes for the faid lord the king in his behalf, doth the like: Therefore let a jury thereupon here imme- oli a diately come before the faid juftices of the lord the king laft abovementioned, and others their fellows aforefaid, of free and lawful men of the neighbourhood of the faid parish of Lighthorne in the county of Warwick aforefaid, by whom the truth of the matter may be the better known, and who are not of kin to the faid Peter Hunt, to recognize upon their oath, whether the faid Peter Hunt be guilty of the felony and murder in the indictment aforefaid above specified, or not guilty: becaufe as well the faid John Blencowe, who profccutes for the faid lord the king in this behalf, as the faid Peter Hunt, have put themfelves upon the faid jury. And the jurors of the faid jury by the faid fheriff for this purpofe impanelled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes,

L13

Richard