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Front Page Titles (by Subject) Sect. 2.: Conviction of Manslaughter. - Commentaries on the Laws of England in Four Books, vol. 2
Sect. 2.: Conviction of Manslaughter. - Sir William Blackstone, Commentaries on the Laws of England in Four Books, vol. 2 [1753]Edition used:Commentaries on the Laws of England in Four Books. Notes selected from the editions of Archibold, Christian, Coleridge, Chitty, Stewart, Kerr, and others, Barron Field’s Analysis, and Additional Notes, and a Life of the Author by George Sharswood. In Two Volumes. (Philadelphia: J.B. Lippincott Co., 1893).
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- Commentaries On the Laws of England.
- Book the Third.: of Private Wrongs.
- Chapter I.: Of the Redress of Private Wrongs By the Mere Act of the Parties.
- Chapter II.: Of Redress By the Mere Operation of Law.
- Chapter III.: Of Courts In General.
- Chapter IV.: Of the Public Courts of Common Law and Fquity.
- * [*61 Chapter V.: Of Courts Ecclesiastical, Military, and Maritime.
- Chapter VI.: Of Courts of a Special Jurisdiction.
- Chapter VII.: Of the Cognizance of Private Wrongs.
- Chapter VIII.: Of Wrongs, and Their Remedies, Respecting the Rights of Persons.
- Chapter IX.: Of Injuries to Personal Property.
- Chapter X.: Of Injuries to Real Property; and First of Dispossession, Or Ouster of the Freehold.
- Chapter XI.: Of Dispossession, Or Ouster, of Chattels Real.
- Chapter XII.: Of Trespass.
- Chapter XIII.: Of Nuisance.
- Chapter XIV.: Of Waste.
- Chapter XV.: Of Subtraction.
- Chapter XVI.: Of Disturbance.
- Chapter XVII.: Of Injuries Proceeding From, Or Affecting, the Crown.
- Chapter XVIII.: Of the Pursuit of Remedies By Action; and First of the Original Writ.
- Chapter XIX.: Of Process.
- Chapter XX.: Of Pleading
- Chapter XXI.: Of Issue and Demurrer.
- Chapter XXII.: Of the Several Species of Trial.
- Chapter XXIII.: Of the Trial By Jury.
- Chapter XXIV.: Of Judgment and Its Incidents.
- Chapter XXV.: Of Proceedings In the Nature of Appeals.
- Chapter XXVI.: Of Execution.
- Chapter XXVII.: Of Proceedings In the Courts of Equity.
- Appendix.
- No. I.: Proceedings On a Writ of Right Patent.
- * *vii.] No. II.: Proceedings On an Action of Trespass In Ejectment, By Original, In the King’s Bench.
- * [*xiii. No. III.: Proceedings On an Action of Debt In the Court of Common Pleas; Removed Into the King’s Bench By Writ of Error.
- Book the Fourth.: of Public Wrongs.
- Chapter I.: Of the Nature of Crimes, and Their Punishment.
- Chapter II.: Of the Persons Capable of Committing Crimes.
- Chapter III.: Of Principals and Accessories.
- Chapter IV.: Of Offences Against God and Religion.
- * [*66 Chapter V.: Of Offences Against the Law of Nations.
- Chapter VI.: Of High Treason.
- Chapter VII.: Of Felonies Injurious to the King’s Prerogative.
- Chapter VIII.: Of PrÆmunire.
- Chapter IX.: Of Misprisions and Contempts Affecting the King and Government.
- Chapter X.: Of Offences Against Public Justice.
- Chapter XI.: Of Offences Against the Public Peace.
- Chapter XII.: Of Offences Against Public Trade.
- Chapter XIII.: Of Offences Against the Public Health, and the Public Police Or Economy.
- Chapter XIV.: Of Homicide.
- Chapter XV.: Of Offences Against the Persons of Individuals.
- Chapter XVI.: Of Offences Against the Habitations of Individuals.
- Chapter XVII.: Of Offences Against Private Property.
- Chapter XVIII.: Of the Means of Preventing Offences.
- Chapter XIX.: Of Courts of a Criminal Jurisdiction.
- Chapter XX.: Of Summary Convictions.
- Chapter XXI.: Of Arrests.
- Chapter XXII.: Of Commitment and Bail.
- Chapter XXIII.: Of the Several Modes of Prosecution.
- Chapter XXIV.: Of Process Upon an Indictment.
- Chapter XXV.: Of Arraignment and Its Incidents.
- Chapter XXVI.: Of Plea, and Issue.
- Chapter XXVII.: Of Trial and Conviction.
- Chapter XXVIII.: Of the Benefit of Clergy.
- Chapter XXIX.: Of Judgment and Its Consequences.
- Chapter XXX.: Of Reversal of Judgment.
- Chapter XXXI.: Of Reprieve and Pardon.
- Chapter XXXII.: Of Execution.
- Chapter XXXIII.: Of the Rise, Progress, and Gradual Improvements of the Laws of England.
- Appendix.
- Sect. 1.: Record of an Indictment and Conviction of Murder, At the Assizes.
- Sect. 2.: Conviction of Manslaughter.
- Sect. 3.: Entry of a Trial Instanter In the Court of King’s Bench, Upon a Collateral Issue; and Rule of Court For Execution Thereon.
- Sect. 4.: Warrant of Execution On Judgment of Death, At the General Gaol-delivery In London and Middlesex.
- Sect. 5.: Writ of Execution Upon a Judgment of Murder, Before the King In Parliament.
- Barron Field, an Analysis of Blackstone’s Commentaries On the Laws of England.
Sect. 2.
Conviction of Manslaughter.
[Editor: missing word] upon their oath say,Verdict: not guilty of murder, guilty of manslaughter.that the said Peter Hunt is not guilty of the murder aforesaid, above charged upon him; but that the said Peter Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and that he had not nor hath any goods or chattels, lands or tenements, at the time of the felony and manslaughter aforesaid, or ever afterwards to this time, to the knowledge of the said jurors. And immediately it is demanded of the said Peter Hunt if he hath or knoweth any thing to say wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: who saith that he is a clerk,Clergy prayed. and prayeth the benefit of clergy to be allowed him in this behalf. Whereupon, all and singular the premises being seen, and by the said justices here fully understood,Judgment to be burned in the hand, and delivered.it is considered by the court here that the said Peter Hunt be burned in his left hand and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the statute.
See preceding note.
Benefit of clergy and burning in the hand being now abolished, (see 6 Geo. IV. c. 25. 7 & 8 Geo. IV. s. 28,) this form will require alteration accordingly.
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