case the king against Griffith indictment for murder the party be find guilty  of manslaughter and plead his pardon and afterward the indictment be quash to  save the forfeiture of his good Mod ld ray hawk p c a indictment for murder  state that the prisoner and two other make the assault and that another person  do will the decease with a gun without state the kind of gun and who discharge  it be bad Mod ld ray ld ray the defendant be convict of manslaughter at the  oldbailey and the record be remove into this court by certiorari he plead his  pardon and bad judgement quod eat ind without die but be once convict the dean  and chapter of Westminster seize his good as forfeit by that conviction he  thereupon although he be out of the court by that judgement move by his  counsel to quash the indictment the exception take were First that the  indictment be per sacrament dvodecim estimable et of man jurat et load present  step forth modus et form sequen Mid sacred scripture a swearer pro lord ring  looks like c modern and there be no precedent to warrant such a indictment for  this may be the presentment of another jury it be very incoherent to say that  it be present by the oath of twelve man that the jury do present it ought to  be present step forth quod c and so be the form of this court as the clerk of  the crown inform they second they present that Griffith and two other do make  a assault on the body of the decease and that indeed Johannes in frown do will  he with a gun so that it be uncertain who do shoot and what gun be discharge  which ought to be certain lie in the indictment vaux indictment for poison  Ridley be that the say Ridley not know the beer to be poison but be persuade  by Vaux record et drink but do not say poison prediction and so it not appear  what thing he do drink which ought to have be express allege the indictment be  hold insufficient vaux case   b a and the reason be plain for a indictment for  felony be a declaration for the king against the life of a subject ought to  set forth a sufficient certainty of the fact which shall not be supply either  by argument or any intendment whatsoever and therefore in near be case   b b  the defendant be indict for discharge a gun upon long to hand over eiden Henry  long mortal wound and do not say percussi for which reason that indictment be  also hold insufficient because in all indictment for murder they ought express  to allege a stroke give for these reason the indictment be quash and a due  roll be make on which this indictment and certiorari be both enter and  judgement quod exoneretur and this be do to avoid the seizure and afterward in  Michaelmas term the first of William mary it be say by the chief justice that  it must be intend these be two person for no court will justify such a  judgement