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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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Historical Background
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London Lives Book
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Purpose of Course issues his Warrant to apprehend the Defendant to answer such Indictment
<
lb
>
</
lb
>
and if the Accusation is capital the Accused must lye in Prison till the Sessions following
<
lb
>
</
lb
>
whereas if tried the same Sessions the Bill was found he might have been acquitted and
<
lb
>
</
lb
>
discharged And we are informed that in September Sessions last a Felony Bill was refused
<
lb
>
</
lb
>
to be received because it was sent down on the Friday Morning through sent down as soon
<
lb
>
</
lb
>
as found and although the Person accused prayed by his Counsel he might be then tried and
<
lb
>
</
lb
>
that the Accused is since dead and had no Opportunity of Searing his Character
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<
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"1439"
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<
note
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4.
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If the Person Indicted should be innocent he is unnecessarily if not unlawfully imprisoned
<
lb
>
</
lb
>
from the Session in which such Indictment was found till the Sessions in which he is tried
<
lb
>
</
lb
>
If guilty he is punished by Imprisonment before he is found so
</
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<
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<
note
type
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5.
</
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Malicious Prosecutions may be encouraged by the Observance of this Rule, the Party is
<
lb
>
</
lb
>
usually taken up and imprisoned before the Session, a malicious Prosecutor knowing of this
<
lb
>
</
lb
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Rule will not appear to find the Bill till Friday when the
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Old Baily
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will not receive it, so that
<
lb
>
</
lb
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the Party not being tried cannot be acquitted and consequently cannot have a Copy of the
<
lb
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</
lb
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<
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Indictment
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to sue the Prosecutor for his Malice.
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<
p
n
=
"1441"
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<
note
type
=
"authorial"
place
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"margin"
>
6.
</
note
>
Honest Prosecutors may not be able to bring their Witnesses just to a day a material.
<
lb
>
</
lb
>
Witness may be not be found or may be Sick on the Wednesday who on the Thursday Afternoon
<
lb
>
</
lb
>
or Friday Morning may be produced or some Grand Juries may be more tedious then others in
<
lb
>
</
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>
the Examination of Witnesses
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note
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7
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Prosecutors generally go with their Witnesses from
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Hicks's Hall
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to the
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Old Baily
</
rs
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but if the
<
lb
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</
lb
>
Bill is not received the Felon is discharged, and though he be taken up again before next Sessions
<
lb
>
</
lb
>
on the Certificate the Witnesses may then be dead gone beyond Sea or may not be to be found and
<
lb
>
</
lb
>
for want of Evidence the Felon will be acquitted whereas if tried the Sessions the Bill was found
<
lb
>
</
lb
>
might be convicted but if not tried till the next Sessions by reason the Court of
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Old Baily
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would
<
lb
>
</
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>
not receive the Bill the Sessions it was found may be acquitted for want of Evidence.
</
p
>
<
p
n
=
"1443"
>
We beg have further to observe
</
p
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p
n
=
"1444"
>
<
note
type
=
"authorial"
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=
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>
8
</
note
>
The Grand Jury at
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Hicks's Hall
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by their Oaths must give their Verdict on all Bills brought to
<
lb
>
</
lb
>
them whilst Sitting and cannot refuse to hear the Evidence because brought two late, according to
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lb
>
</
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>
this Rule at the
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Old Baily
</
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, when found they must bring them into the Court at
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Hicks's Hall
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when brought into said Court must forthwith transmit them to the
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old Baily
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, the Sessions
<
lb
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cannot stop or retain the Said Bills they being for Crimes not triable there, if not received at
<
lb
>
</
lb
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<
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the Old Baily
</
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and so unavoidably retained at
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Hicks's Hall
</
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>
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and sent down the next Sessions it
<
lb
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>
will be then two late for the Party is then
<
del
>
was
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>
and was by the Court of
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Old Baily
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</
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the Sessions
<
lb
>
</
lb
>
before discharged and may not be to be found though the Prosecutor takes never so much
<
lb
>
</
lb
>
pains about it
</
p
>
<
p
n
=
"1445"
>
<
note
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"authorial"
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"margin"
>
9
</
note
>
The
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Clerk of the Peace
</
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of
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Middx
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</
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is an Officer of the
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Old Baily
</
rs
>
<
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inst
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</
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</
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and attends thereby his
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Deputy
</
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Mr. Mathews
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Clerk
</
rs
>
<
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inst
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of the Arraignments on the Middx Side and has the
<
lb
>
</
lb
>
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Custody
</
rs
>
<
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"LMSMGO55602_occ1666"
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"occupation"
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</
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>
of the Records of that Court We would therefore submit whether it can be said
<
lb
>
</
lb
>
there is no Indictment found and so the Prisoner be discharged when their own Officer
<
lb
>
</
lb
>
has the same in his Custody
</
p
>
<
p
n
=
"1446"
>
<
note
type
=
"authorial"
place
=
"margin"
>
10
</
note
>
As the Court at the
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>
Old Baily
</
rs
>
<
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inst
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</
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>
<
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</
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>
has not of late years been known to strand still and wait
<
lb
>
</
lb
>
for Bills we apprehend it will be the same to the said Court whether the Bills are
<
lb
>
</
lb
>
transmitted to them on the Thursday or the Friday if they have other Bills at that time
<
lb
>
</
lb
>
before them not tried and we must observe that in September Sessions last when the said
<
lb
>
</
lb
>
Court refused on the Friday Morning to receive seven Felony Bills transmitted from
</
p
>
</
div1
>
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