The Sun.
London, England, 1817-12-01 00:00:00

aI.A4GS TO THE GRAND JURY.

Gentlemen of die grand Jury,—ln the adminis-
tration of justice in criminal. cases, our law has
wisely provided for the accusation and trial of
every culprit by his Peers ; and with a view to his
protection against the possibility of oppression,
has rendered the Indictment of a Grand Jury,
and the verdict of a 'Petty Jury, alike indispett-
si:dy necessary' to his condemnation.
The Trial by Jury in civil cases, is ondouht-
etily of great antiquity, of •an origin so remote,
that the earliest accounts of the northern
dilations
of Europe, in which it appears to have been al-
most universally inpraetice, afford us proofs of its
existence. But the previous accusation of sus-
pected per ions in criminal cases, by one Jury of
twelve or more of their fellow-subjects, and a
subsequent trial thereupon, by a second Jury, of
twelve others, is a course of proceedings which
Seems to have been adopted in England only, and
to have arisen, with the great principles of her
C,titstitotion, out of events anti circumstances pe-
culiar to herself. •

In the Saxon. Government of bnglatuf, we find
the (origin of the Grand Jury the counties were
then divitted itito hundreds, which Were again
sub-divided into Decennaries ; of the former, each
e vained within its limits one hundred families,
of rite latter, each contained ten. It was required
of every matt that he should be enrolled in some
Decennary, and those who were not, were eon--
side:v(l; if not as offenders, at least in the light of
snspectod person,, and as such were committed to
cuStody, until some Decennary should receive
th'em, and thereby become pledge for their good
behaviitur ; every member of these sub-divisions
being security to the Crown for the conduct (lithe
others, and bound that all and every of them
should keep the King's peace, should be in all re-
apects of good behaviour, and should abide by the
enquiries and awards of justice.
`4.‘o ensure the effect of this obligation, the She-
riff eel each county, as the guardian of the public
peace within its limits, perambulated his Baili-
kick twice in every year, and in each hundred held
ltis caurt or torn ; an appellation which in Ent;-
laud is now perhaps obsolete,..bnt which the an-
nual Tourne of the Courts of Law in this Province,
revilers still familiar and intelligible to us. Be-
fore this Officer, in every hundred, were impati-
nilled twelve men, summoned. front the several
Decennaries of which the hundred was composed,
iu such manner that one at least was returned by
each of them. This inquest investigated the state
of the !intuited, inquired into the conduct of its
Members, and upon specific articles of charge re-
(cried to them by the Shreriff, or by their own
presentment, accused all who had been guilty of
offeneei..

Itt consequence of the Norman conquest, the
'Oro of the Sheriff, so far s it !elated to criminal
cases, was superseded by the appointment of Jus-
tices in Eyre, who made circuits through the
whole kingdom, and held their Court in each
country, where they took cognizance of every
crime committed within its precincts.
To this Court in Eyre, the practice of the She-
riff's jurisdiction was transferred, and the King's
subjects were as before called upon to assist his
Judges, in the detection of offenders against his
laws but the Jury which was thus summoned in
conse<pretice of the Court's being held, not merely
for the bondred in which it met, but for the whole
camtry, was very greatly augmented in timber.—
The Bailiff or chief Peace Officer of each hundred
was first sworn to choose four Knights out of his
;toothed, and these took oath that tl!ey would
fa•thfulv elect twelve other Knights, or it Knights
could not be had, twelve " good and lawful Free-
melt," not suspected of the death of any man, or
of breaches of the peace, or other offences, but
qualified to dispatch the King's business
and by these means a Jury was impannelled, com-
posed of twelve Jill'Or3 for every hundred in the
count y.
It is material to observe, that the finding of the
Jary '.vas not, in the Saxon nor in the Norman
period of English history, conclusive against any
who were accused by it. In the Saxon period,
the person indicted was discharged, in minor (den-
acid the
ces, upon his own oath of his innocence,
.oaths of au indeterminate wormer of his friends
and neighbours, who vouched for his credit, anti
swore to their belief that he had spoken the truth.
In major et:fences, by a successful appeal to the
judgment of Heaven, by the ordeal of fire or
water. In the Norman period, the ordeal was
soceecded by the, trial by battle, which though
equally oncertain and equally impious, was more
consonant to the martial spirit of the age and
the Saxon purgation by the oaths of an uncertain
number, was succeeded by the canonical purga-
rioo, as then practised in the ecclesiastical courts,
be wltich the oaths of twel.:e persons at least,
selected by the accused and sworn to their belief
of his innocence, were required for his exculpation.
The trial by battle declined as the iuditence of
the Clergy increased, while the cannonical pur-
gaton tell rapidly into disrepute and disuse, from
the vast complication of perjury and subornation
of perjury to which it gave rise, and to these
modes of trial (if they deserve that name) suc-
ceeded in the Courts in Eyre another course of
proceedings, which as it, is evidently the origin of
our present practice, and has been accurately pre-
served to us, deserves a more particular attention.
The commissions from which the Justices de-
rived tit;eir authority being first openly read and
the Jurors being elected, as the twelve of each
hi:tubed appeared, the"tirst Juror took an oath in
the following words : " Hear this ye Justices,
that I will speak the truth of that which you shall
commanut inc on the part of our Lord the King,
nor wilt i for any thing omit so to do according
to-my abdity, so help me God and these holy Gus-
•The'remaining eleven were then sworn

each in the following-Words " The Oath which
he (John) here bath taken, I wilt keep on my
part, so help me God and -these hot). Gospels."
The Justices then read to them the charge and
articles of inquiry, is in the Saxon times; entarg-
lug upon the benefits which followed from keep-
ing the,, peace and ao,ul order, noticing the viola-
tions of the laws whicb hal been committed within
the county, and requiring the whole assembly to
give every assistance in their power for the disco-
very of all offences and offenders. The Jtiry was
then informed, thA if they knew of any:suspected
persons, they were bound instantly to cause them
to he apprehended, if they could be found, if not,
o convey their names to the Justices in a schedule
privately, that they might, not escape but be se-
cured. The Jury then proceeded to inquire into
all the matters'contained in the charge and arti-
cles of inquiry, and nresented all whom they
judged to be offenders upon their own knowledge
or upon evidence. The accused was then put to
plead, and if he denied the charge after hearing.
him and his 'witnesses, it was recommitted to the
Jury, who were desired by the Justices to recon-
sider their accusation, and upon a review of the
subject and of all.tbat was connected with it, to
say by a true declaration, or verdict, whether in
fact he was guilty or not guilty, and according to
their verdict, he was acquitted or condemned.
The danger of submitting to the same persons
the power of accusing and the power of deciding
upon the validity of their own accusation, being
soon practically illustrated, suggested not only the
eXpediency but the necessity of a second distin-Ct
and independent Jury, and. from hence, (tO the
exclusion of all the preceding modes of trial,)
arose the Petty Jury or Jury of trial in criminal
cases. In contradistinction to the Grand Jury or
Jury of accusation, the tile of the petit or smaller
Jury, which:in incitation of the canuonical purga-
tion to which it:succeeded, was composed of 12
persons, and the title of the grand or greater
Jury, which though afterwards reduced to '23,
was then a very nuenerotis body, being derived
front the SOperiority of the one, and the interiority
of the other, in point of numbers.
Gentiemen,—ln this brief summary we -can
(race the principles of your duty at this day in
many respects. ,
The charge which we arc still retrired to de-
liver to you at every Assize, appears distinctly
to be an official comm n0.c0..0n on the part nt the
crown, as to the matters and offences which affect
or threaten to affect most materially the .welfare
and interests of the King's subjects in general, to
which consequently bar the safety of the commu-
nity at- large, which is the great object of the
Sovereign's care, the attention of the Grand Jury
is called ott his behalf, and ought therefore to be
,directed in an especial manner.

The articles of particular accusation we'find'in
the bills of indictment, which are still presented.
to you on tile part of the crown, by Its immediate
accusing officers, and are therefore entitled to the
same attention on your pat(.
In the oath which was formerly taken, we find
the obligation under which the Gratol Jury have
been held from the commencement of their in-
stitution—to act, in the discharge of their tune-
tions, with equal. ciinsideratioil and regard to the.
interests of the public and of the acettied-.:. " .I•
will speak the truth of that which you Shall-Com,
mand me on the part of Our Lord the King, and
I will not for any thing ontit so to do, according
to my ability." Thii was the solemn declaration
of each Juror in early times, and in the very
spirit of this declaration, the oath which you
have now taken, (in manner more detailed, but
with admirable perspicuity,) binds you on one
hand for the general interests of society. " to
make diligent inquiry into all such matters as shall
be .given to you in charge, leaving no man unpre-
sented for fear, favour, affection, reward or the
hope of reward," while on the other, for the pro-
tection of every individual against unfounded ac-
cusations, it binds you as firmly " to present no
man for envy, hatred or malice," and to ensure
the strictest impartiality in the execution of your
duty in every respect—it hinds you further, "to
represent all things truly, and as they come to
your knowledge, according to the best of your
toolerst an d in g ."
In the original institution of the Grand Jury,
and in the suhseqtteut regulation which took from
them all power of deciding upon the question of
" guilty or not guilty," we perceive that your
office was established, and with very little inter-
ruption, continued for the purpose of inquiry and
accusation merely, and consequently that every
research into the grounds of a culprit's defence,
or the examination of evidence on behalf of any
individual charged before you with the commis-
sion of any crime, must necessarily be a depar-
ture from your duty, because it is an iutringement
of the right of the Petty Jury ; to whont the-law,
with a knowledge of the dangerous consequences
of such conduct, derived front experience; has ex-
clusively confided the power of investigating the
whole-circumstances and merits of such case, and
of deciding, after public inquiry had, (in the pre-
sence of the accused, and tinder the direction of
the King's .):edges as to matters of law,), and the
hearing of all parties concerned, upon the guilt
or innocence of those whose conduct, by your re-
presentation, has been declared such as to requite
investigation in the due and open course of

In the general course of the proceeding, we
trace the obligation under which you lie, not only
to give your attention to every matter which may
be submitteerto you on the part of the crown, but
to investigate with equal diligence such matters
of charge against all persons, as may be within
the compass Of your own knowledge, or he com-
municated to you by others. We trace also your
right to receive accusations in the form of indict-
ments, or otherwise, from any man—your right
to make presentments of your owl:, and your in-
dispensiblc duty to do so, upon every proper
occasion.

We only add, that your fellow-subjects, while
they acknowledge the respect to which the Grand
Jury stands entitled by the magnitude and extent
of it functions, may see, in the facts stated, ad-
ditional motives for that respect, in the high an-
tiquity of its origin and in the elevated rank which
the constitution of our government has assigned
to the Grand Jury at all times.
Your charge, Gentlemen, upon the present cc-

casion, is to present for trial all peroetiators of
offences, from the trespasser to the traitor.
In the execution of your trust, you ate to be
assiduous, temperate, patient, circumspect and
impartial, examining all-things.submitted to your.
'consideration, 'w.ith minds free from every bias
except that which arises from a sense of duty and
a fixed determinatiob to perfurm it, leaving no-
thing Which you may be called to investigate
without adequate inquiry, and judgin'g'alWays ac-
cording to the best of your ability, with attention;
discrimination and incorruptible'integrity.
• You are to receive all accusations which
may be offered to you by the Crown Officers, or
by others in the form of indictment or otherwise,
and after hearing in each case the testimony of
the witnesses in person, you are to determine and
to declare, whether there be or be not reasonable
and sufficient cause to require that the person
accused should be put upOn his trial, delivering
the indictment (if any have been laid before you)
to the Court, or your own presentment of the ac-
cused, if you find against him, and no indictment
has been laid before you.
If you have knowledge of any offence, commit-
ted within the limits of this district, you are to
communicate it immediately and fully to your col-
leagues, and if any facts are known to you, in
Corroboration or in addition to those which shall
be in evidence before you, you are to declare,
them in like manner of your own accord ; and in
all things which relate to any of the matters which
you may so communicate, you are upon your
oath to speak the truth, the whole truth, and.no-
thing but the truth. You are to hear the Wit-
nesses which are offered in support of the charge,
but none on behalf of the accused •; you are ne-
vertheless to question carefully all such witneeses
as may appear before you, for the purpose of
obtaining from them evidence of every circum-
stance, t f which it may be material for you to he
possesSed, to enable you to decide upon the ques-
tion, whether the cause for which it is alleged
that the accused ought to be put upon his trial,
be or be not reasonable and sufficient for that
purpose, remembering always, that if in your
conscience you'dertn it to be reasonable and suf-
ficient, you will act in violation of your oath it
you reject the bill throUgh motives of compassion
towards the offender, or upon any other princi-
ple. The consequeuces of your finding ought
not, in any instance, to enter -into your conside-
ration.

In all the inquirieS in which you may partake,
the opinions whichyou'declare must be your own ;
you -are to appreciate with respectful attention the
sentiments of your fellow Jurors, but not to adopt
them without reflection, or to receive them for
your own with servile submission ; nor are you
upon any account to avoid or to refuse, from ti-
midity or from ally other cause, to state your own
conceptiotts to the Members of -the Inquest, up
on the merits of any in tiers which may conic be--
fore

•
you are not in any case to impart to
any person who may be accused, nor to any
other, the charge or the evidence which may be
adduced against him, nor are you to reveal to any,
the subjects discussed before the Inquest, or the
opinion of any Juror upon any point of inquiry or
discussimi.

Gentlemen,--We have the fullest conviction,
that as heretofore your duty will he so executed,
that your own cretin, and the benefits which the
District has a right to expect from your researches;
will be equally secure.

List of Sentences passed at the Septenzser Term,lBl7, for the

19istritt of Oaebec.

John Smith, convicted of an assault and battery, sentenced
to pay a fine of (s. Bd. and to be imprisoned for one week.
Donato Ferraro; convicted of assault and battery, sen-
tence to be imprisoned for one calendar month.
William Boardman, convicted of petty larceny—to be con-
fined six calendar months in the House of Currection, and
kept at hard labour.
Joseph Auge, convicted of petty larceny, to be confined
six months in the House of Correction, and therein kept at
hard`

Etienne Lessard, convicted of petty larceny, to he impri-
soned six calendar months in the House of Correction, and
therein kept at hard labour.
Francois Daigle, convicted of petty larceny, to be confined
six calendar mouths in the House of Correction, and therein
kept at hard labour.
Joseph Oldir, convicted of •an assault with an intent to ra-
.vish, to be confined twelve calendar months in the House of
Correction, and therein kept at bard labour.
Thomas Pearson, convicted of an assault with an intent to
ravish Ellen 11'Mullen, an infant under 10 years of age, to
be confined twelve calendar months in the House of Correc-
tion, and therein kept at hard labour.
Louis Loisel, Joseph Deroche, and Magdelaine Marshall,
convicted of petty larceny, to be severally confined for twelve
months in the House of Correction, and therein kept at hard
labour.
Rose Girard, indicted for the murder of her bastard child,
convicted of having been delivered of issue of her body male,
which if born alive would be bastard, and that she did con-
ceal the birth thereof, to be confined for two years from the
date of her conviction, in the House of Corr action, and
therein kept at hard labour.
• Losepb Larose, convicted of grand larcency, to be hanged
on the last Friday of October.

MILITARY PROMOTIONS.

TTrar-Offee, IVoy. 29, 1817.

Id Regimr.nt of Dragoon Guards—Gentleman Cadet Honour-
able Robert Stapleton Cotton, from the Royal Military Col-
lege, to be Cornet, by purchase, vice Green, promoted.

7th Dittn—George Stepney, Gent. to be Cornet, by purchase,

vice Warren, utio retires. . - •
3d Regiment of Dragoons—Lieutenant Mark Johnson, on the
half-pay of the Regiment, to be Payalaster, vice Jones, who
• resigns.

lith Regiment of Light Dragoons—Cornet Philip Houghton
James, to be Lieutenant, by purchase, vice Smith, pro-
moted.

14th Ditto—Archibald Douglas, Gent. to be Cornet, by
purchase, vice Brown, promoted.
19th Ditto—Gilbert East Jo , Gent. to he Cornet, by
purchase, vice Downes, promoted in the 2d Dragoons.
Coldstream Regiment of Foot Guards—Captain William
Kortright, from the 93d Foot, to be Lieutenant and Cap-
taM, vice Honourable John Roils, who exchanges.
3d Regiment of Foot Gtrirds—Lieutenant Henry Colville, to
be Lieutenant and Captain, without purchase, vice Paxton,
who retires.
John William Gage, Gent. to be Ensign and Lieutenant, by
purchase, vice Colville.
cal Regiment of Foot—Assistant-Surgeon Tully Daly, from
the half-pay of the late sth IVest India Regiment, to he
Assistant-Surgeon, vice Thomas Pitt Warren, who ex-
changes. •
3d Ditto—Lieutenant Henry Gillman to he Captain of a Com-
pany, by purchase, vice Murphy, who retires.
Ensign Ambrose Moore to be Lieutenant, by purchase, vice
Gillman.
13th Ditto—Captain Bennet Holgate to be Major, by pur-
chase, vice Weller, who retires.
Lieutenant Henry Burnside to be Captain of a Company, by

-
purchase, vice HolKate. •
18th Dittw—Paymaster Bernard Reilly, from half pay of the
late 2d Battaliot), 57th Foot, to be Payusster, vice Wil-
liam Ester Vrlio exchanges,

st Ditto—Lieutenant William Leavna, from half-pay of the
Regiment, to be First Lieutenant, vice John William Cole,
who exchanges, receiving the difference.
26th_ Ditto—Captain William James, from half-pay of the
90th Foot, to be Captain of a Company, vice James Ste&
man, who exchanges, receiving the difference.
38th Ditto—Captain Samuel Dowliigc.,,en, from half-pay of the
Regiment, to be Captain'Ola Company, vice Hear" Web-
ster, who exchanges.
44th Ditto—Lieutenant Charles O'Neill, from half-pay of the
40th Foot, to be Lieutenant, 'vice William Wood, who ex.
changes.

54th Ditto—Lieotenantjoseph Claret Sladdon Slyfield, from
half-pay of the Regiment,' to. be Lieutenant, rice John A.
who eicebauges. '
•
60th Ditto—Lieut. John Styles Powell, from the half-pay.ol- •'
the Regiment, to he Lieutenant, vice Joseph Getty, who
exchanges. .
61st Ditto—Paymaster John Glass, from half-pay of the lite
York Light, Infantry Volunteers, to he Paymaster, vice
• Moss, Who resigns.
63d Ditto—Lieut. Adam Baverhotrlt, from half-pay of the
with West India Regiment, to be Lieutenant, vice George-
It. M'Connell, who exchanges.
76th Ditto—Tat be Captains of-Companies—Captains Arthur
Bowen, from the 90th Foot, vice Alexander Wedderhurn
Mackenzie, who retires upon half-pay of 8d Garrison Bat—.
talon, and William Jones, from half-par of the Regiment,'
vice Edward Deapard Palmer, who exchanges, receiving
the difference.
78th Ditto—Captain James Mill, from half-pay of the 13th • •
Light Dragoons, to be Captain of a Comp,,,,y, vice
Cameron, who exchanges, receiving the difference. •
, Surgeon John 1M 'Robert, M. D. from half-pay of the 27th.
Foot, to be Surgeon, vice Neil Currie, who exchanges: '
85th Ditto-,—Lieutenant W. H. Dutton, from half-pay of the
71st Foot, to be Lieutenaut, vice 8.,C. Urquhart, who ex-
changes.
90th Ditto—Captain Carlisle Pollock, from half-pay of the3l
Carriion Battalion, to be Captain of aCosupany,viee Bowen,i4 '
appointed to the 67th Regiment.
9?d ditto—Assistant-Surgeon John Huggins, from half-pay of,
the 30th Foot, to be Assistant-Surgeon, vice John Stewart,
who exchanges.
93d Ditto—Captain Hon. John Rous, .from the Coldstream
Regiment of Foot Guards, to be aptain of a Compacts.
vice Kortright, who exchanges. ,
94th Ditto—James Birncy, Gent.' to be Ensign, by purchase,
vice Leslie, who retires.
96th Ditto—Captain William Wilshire, from half-pay of the
38th Foot, to be Captain of a Compaay, vice Maurice de
Convey, who exchanges.
98th Ditto—Lieutenaut Henry Senior, from the 2d Welk
India Regiment, to be Lieutenaut, vice Brady, who
esc-
changes.
Ride Brigade—Lientenant William Saunders, from thehalf-
pa-y of the 89th Font, to be First Lieutenant, vice Dugaid
Cameron, who exchanges, receiving the difference.
ed West India Itegiment—To be Lieutenants, Lie Men:vats
John Caldwell, from half-pay of the sth West India Reg-.
mcnt, vice- John M`Pherson, who exchanges; and
Edward Brady, front the 98th Foot, vice Senior, who ex-
changes.
-Assistant-Surgeon
,Thomas Rhys, from half-pay of the stit
West India Regimetit, to be Assistant-Surgeon, vice John
Miller' who exchanges.
3d West India Regiment—Captain Malcolm Smith, from half-
pay of the Sicilian Regiment, to he Captain of a Company,
vice Thomas. Walker, who exchanges. •
nasal Ytirk Rangers—Ensign William Little, from half-pay
of the 6th West India Regiment, to be Ensign, vice Deal-
' rick Tatum, who exchanges.
Lieutenant John Atkinson to be Captain of -a Company, by
purchase, vice Hoot, sen.-who retires.
EnsigitCharles Highmore Potta to be Lieutenant, by put..
chase, vice Atkinson.
Eleazer Pickwick, Gent. to be Ensign, by purchase.
vice Potts.
Black Garrison Companies for .the Defence and Protection of
the Bahamas.
Ist Company—Captain Joseph Roche, from the sth West
India Regiment, to be Captain '
To be Lieutenants—Lieutenant William Leslie, front the atia
i West India Regiment, and Lieutenant Edward -Codd, from.,
ditto.
To be Ensign—Ensign Joseph Greenwood, from the sth West-
India Regiment.
Company,--Captain James Forrest, from the sth West
India Regiment, to lie Captaiu.
To be Lieutenants—Lieutenant Robert Hughes, from the •
sth West India Regiment, and Lieutenant John Gay, front':
ditto.
BREVET.
Major John Thoyts, of the Royal Regiment of Horse -Guards,'
to be Lieutenant Colonel in the Army.
Captain William- Linnaeus Gardner (serving in the East laa
dies) to he Major in the Army.
MEDICAL sr\FF.
Staff-Surgeon Patrick Hughes, M.D. from half-pay, to be
Surgeon to the Forces.
HOSPITAL STAFF.
Hospital-Assistant Walter Blake, from half-pay, to he Has.
pital-Assistaut to the Forces, vice George Jones, who en:--
changes.
Mk:mutt:vs:Dust —The appointment of Mr. Alexander Scott
toanE
osign
Thecyi Christian
in the 4
namesFoo
t, on
fEn
theissi
Bishop,gn anuall
ry,l-8:6;
is cancelled.
exchanged to half-pay of the 43d Regiment, as stated itf
the Gazette of the Ist instant, are Thomas 14..ndy.
Office of Ord trance, Nev."2s. 1817.
Royal Regiment of A rtilleq.—Colonel George Salmon, front
the half-pay of the regiment, to be Colonel, vice Rioo,
deceased.
Colonel Robert Salmon, from the half-pay of the regiment,
to be Colonel, vice•Hadden, deceased.

Cominission in the Huntingdon Militia, signed by the Com-
missioners of Lieutrnant.cy for that County.
Andrew Ternie, Gent. to be Surgeon, vice Gray, de:eased.
Commissions signed by the Lord Lieutenant of the County of
Northampton. .
To be Deputy Lieutenantsr--John Jackson Bleneowe, Esq.;
Charles Cule, Esq.; William Scion e, Esq.; Cheselden Hen.
son, Esq. ; John Booth, Esq. ; and Laugharn Christie, Esq-
Old Militia—To be Lieutenants—James Brandon, Gent. ; and
Thomas Davison Palmer, Gent.
To be Ensigns—Thomas Cartwright, Gent. ; and Robert
Henry Gunning, Gent.; William Baker, Gent. to be Sur-
geon. '
Central Regiment of Local Militia—Christopher Markharar
Gent. to he Quarter-Master.
Northampton Yeomanry Cavalry-raneis Dickies, Esq. to
be Major.
To be Captains—Williain Walcot, 'Esq.; William Hanbut3io
Esq.; and John Harvey Thurshy„ Esq.
To be Lieutenants—Robert .S4rerard, Gott.; Richard Jolla
Tibbets, Gent.; Henry Barrie Sawbridge, Geut..; and Juba
Loveday, Gent,
''To be Cornets—Jobn Williams Willis, Gent.; Bohn Booth*
ent.; and William Rose Rose, Gent.

TRIAL BY WAGER 111, BATTLE, 1393.—Thi3 year
the King (Richard II.) caused a Theatre to be
built in the town of Bristol, for a combat to be
fought between two Sco's. iheone an Esqn;se ap-
pellant, and the other a Knight defendant ; tt►e
appellant was overcome and hanged.