Volume 720, Page 476 View pdf image |
476) ought to be tryed by a jury of the vicenage of the Place where his offence was committed your humble supplicant conceiveing the said commission to be so extensive as that it reacheth all the adjacent Governments (and Maryland inclusive) doth humbly offer that his tryall was not according to the Laws and Customes of England no part of the jury that went upon him being of the vicenage Viz.t not of the county of Calvert in Maryland where the fact was committed and your supplicant conceiveing that a jury or part of the jury might have been summoned in Calvert County or any part of Maryland by the force of the said commission And he also in all humility offers that by the 24.th act of assembly in 1662 concerning the tryalls of Criminall Causes six of the county where the fact comitted ought to be sumoned upon the venire so that he supposeth the s.d Com.n of Oyer and Terminer hath not been well and suff.tly perused in the late tryall and proceedings ag.t him and your supplicant doth further humbly offer that in y.e indictment afd there is no specification of the River Creek Town Parish or hundred (nay not of the county nor pvince) where the said fact was committed whereas the Laws and Customes of England do require (in all indictm.ts a particular relation of the very place w.th the parish hundred and county where it lyeth to the end that the prisoner at the barr may not suffer any prejudice though want of certainty whereunto he might plead And your honnours supplicant doth further Submissively Offer that the first List or pannell of jurors for his tryall did not amount to the Number of twenty four persons whereas he humbly conceives that (by the English Laws and Customes) that Number was requisite to make a (perfect) |
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Volume 720, Page 476 View pdf image |
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