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Crime, Poverty and Social Policy in the Metropolis
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1764.
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Octor. 18th
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.
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Audley Case Vizt. "that where the King is party and an Injury is done
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to the wife herself she is a good Witness" be extended to other Cases of
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Violence than that of Lord Audley
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As to the Argument from the Remedy which the wife has by the
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Surety of the Peace it seems a Solecism to say that for Threats and
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Menances for the bare Apprehension of Violence she shall have it on her
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own Oath, but of Violence actually committed even to the Amount of
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Mayhem her Testimony is not admissable; and there seems to be no
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greater reason for Admitting the wife to prove the Forfeiture of the
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Recognizance than to prove violence in the First Instance.
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But whether or not this is now the law is the Question for in the
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Case of the King agst. Azire,. a Husband was Indicted for an Assault
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upon his wife and the Chief Justice Lord Raymond Allowed her to be a
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good Witness and Cited Lord Audleys Case Sha 633
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At the Summer Assizes held at Coventy
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Thomas Dwyer
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was Tried before Sir
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Sidney Stafford Smythe
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on an Indictment for
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Violently assaulting and Wounding
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Mariana
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his
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wife
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up on her left Ann
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with a Hatchet, and convicted on the Sole Evidence of the wife and
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In July Sessions 1763 at the
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Old Bailey
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William Lee
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was tried
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before £d. C B. Parker upon an Indictment on the Coventry Act for
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laying in Wait and Maiming his wife and she was Admitted to prove
<
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the Fact which was that the Husband at going to bed had Secreted a
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Razor with which he wounded the wife in the Throat, but this not being
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such a lying in wait nor the Wound such a Mayhem as the Act
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requires he was acquitted but Ordered to remain for the Assault of
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which he was afterwards convicted at
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Hicks Hall
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on the Evidence of
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the wife
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It is said that the Resolution in Lord Audleys Case has been
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Censured on Account of some Irregularities in the Proceedings
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the neither Sir Matt. Hall nor Serjt. Hawkins say any thing in
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Derrogation of its Authority but whether the Resolution in Browns
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Case in which Hale and the whole Court delivered their Opinions
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seriatim this latter one of Lord Raymonds in Azires Case and
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the Subsequent Cases at the Assizes and the
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Old Bailey
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above Stated
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be not a Recognition of the Principle on which Lord Audleys
<
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Case was resolved and a Determination of the Law in this Respect
<
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is what the Justices for Middx would gladly know
</
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<
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=
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Upon the whole they are greatly at a loss how to determine in
<
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>
Cases of this Nature, which happen frequently they require an
<
lb
>
</
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>
Opinion to direct them in their Duty and desire to be informed
<
lb
>
</
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>
whether or no the Evidence of a wife there being no Witness but her
<
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>
</
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>
self to the fact be admissable to prove the Assault upon her own Person
<
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>
</
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>
by her Husband
</
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>
<
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n
=
"230"
>
<
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"authorial"
place
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"margin"
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Answer
</
note
>
This is vexata Questio upon which there have been and I believe
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