about 1000, while that of the British did not ex- rendering unconditionally. The young prince ceed 70. On the 30 April the army came within surrendered to Gen. Baird, but. Tippoo was not light of Seringapatam, where Tippoo had taken to be found. After much entreaty, enforced even poft with his infantry under the Ė. and S. faces by threats, the killedar affirmed that the fultan of the fort, On the sth the British army took its was not in the palace, but had been wounded pofition opposite the W. face, about 3500 yards during the

alfault, and lay in the gate-way on the from it. That night an attack was made on the n. face of the fort. There, among heaps of Nain, outposts, and on the 6th the principal ones were the body of the unfortunate monarch was found, in poffeffion of the British. On the 9th Gen. Har. ftill warm, covered with wounds, and his eyes ris received a letter from Tippoo, declaring, “ that yet open. (For his character, fee Tippoo.) His he adhered firmly to the treaties, and demanding dominions were partitioned among the conquerthe reason of the advance of the English army, ors, and the Mahrattas were admitted to a mare, and of the recurrence of hoftilities ?" The Ge. from motives of policy, though they had taken neral replied by referring to the Marquis of Wel- no part in the war. To the East India Company lefley's letters. Matters continued in a state of were allotted the districts of Coimbatoor and Da mutual preparation from this period to the 13th, raporum, the province of Canara, all the territory when fuddenly a heavy fire commenced from the between the British poffeffions in the Carnatic fort and batteries. Next day Generals Floyd and and those of Malabar, with the forts and poits Stuart arrived, and took their ground in the rear. forming the heads of all the passes above the On the 16th, the Bombay army crossed the Cau- Ghauts on the Table Land, and the fort, city, very, which was almoft dry, and took a trong po- and isand of SERINGAPATAM. To the Nizam Ation. On the 22d a spirited effort w is made by were assigned the difricts of Gooty and Gurrumthe befieged: The Bombay army was attacked conda, together with a tract of country, along the at all its posts by 6000 of the eneiny's infantrý, line of Chitteldroog, Sera, Nundidtoog, and Colar. and Lally's corps of Frenchmen, who behaved To the Mahrattas were given Harponelly, Chittelwith their usual bravery; but they were repulsed droog, Suondy, Anagoondy, and a part of Biddeon all fides, and compelled to retire

with the hori norge som the ancient rajahs of Mysore, about s

except the forts on the frontiers. A defcendof about 706 men. On the 20th Gen. Harris had ant received an overture of peace from Tippoo, and years old, was fought out and placed on the throne, on the 22d it was answered by a draft of prelimi with great ceremony (under certain conditions): minasieś. The terms proposed 'were, “To cede and the sons and relations of Tippoo were rehalf his territories in perpetuity to the allies; to moved into the Carnatic. Thus terminated the pay two crores of rupees to renounce the al Indian war, with equal glory to the British arms, Stance of the French for ever ; to dismiss-every na- and advantage to the British interests in India; by tive of France from his service; to receive ambaf securing them, at least for some time, againft the sadors from each of the allies ; and to give as hof- danger of a formidable enemy: although, in the tages 4 of his fons and 4 of his principal officers." opinion of Mr Fox and others, “the extirpation On the 24th,' the enemy's guns on the W. face of Tippoo was not a politic meafure.” were filenced, as well as those of two round tow. (30.) INDIA, PARLIAMENTARY INQUIRY INTO ers on the 26th.' On the 28th, Tippoo acknow.

See ENGLAND, Ø 116–119. ledged receipt of Gen. Harris's proposals, and (31.) INDIA, POPULATION, PRODUCE, &c. OF. stated that the points in question were weighty See HINDOOSTAN. and important, and without embaffadors could * (II.) INDIA is sometimes used as an adjective; not be brought to a conclufion; and that there. thus, fore he was about to send two gentlemen, who 1. INDIA COMPANY. See COMPANY, N° IY.ss. would explain themselves to him. The British 2. INDIA RUBBER. See Resin, No 3. general briefly replied, by referring to the terms INDIAN, adj. belonging to the lodies, East in bis laft, as the only conditions of treating. On or West. the 20 May, the works being completed, the Bri- INDIANA, an extenfive territory of Virginia, tish batteries began to batter, and in the course between the Ohio and Laurel Mountain, contain. of the day a breach was made in the fausse-traye ing 3,500,000 acres; and extending in length from wall; the main rampart was shattered ; and, to the Pennsylvania line to the Little Kanhaway. It complete the misfortune of the besieged, a shot was granted in 1768 by the Shawanese, Delaware, having struck their magazine, it blew up with a and Auron tribes of Indians, to S. Wharton, W. dreadful explosion. The breach being thought prac. Trent, and G. Morgan, Esqs. &c. as a compenticable, on the night of the 4th May, 4000 mensation for their losses, to the amount of L.85,915: were stationed in the trenches before day-break. 10:8, New York currency, which they had sufThe assault was led on by Gen. Baird, and began tained by the depredations of the Indians in 1763. at one o'clock. In 6 minutes the forlorn hope had It is nearly of a triangular form. reached the summit of the breach, where the British (1.) * INDIAN ARROW-root. n. f. (marcanta, colours were instantly erected. In a few minutes Lat.] A root.-A sovereign remedy for the bite of the breach, which was too feet wide, was crowded walps, and the poison of the manchineel tree. This with men. After a short conflict the panic became root the Indians apply to extract the venom of general in the fort; thousands quitted it, and their arrows. Miller. others laid down their arms. A flag of truce was (2.) INDIAN ARROW-ROOT. See MARANTA. foon after fent to the palace of the sultan, offer- INDIAN BAY, a bay of Newfoundland, on the ing protection to him and his friends upon sur- W. Gde of Bonavista bay.

Q2

INDIAN

THE AFFAIRS OF.

a

(2.) INDICTION, Þ 1, def. 2. See CHRONOLO- matter anciently carried, that where a man was GY, $ 55 ; and CYCLE, J 3.

wounded in one county, and died in another, the (1.) INDICTMENT, n. . in law, one of the offender was at common law indictable in neimodes of prosecuting an offender. See Prose- ther, because no complete act of felony was done CUTION.

in any one of them: but by ftat, 2 and 3 Ed. (2.) INDICTMENT, in English law, is a written VI. c. 24. he is now. indictable in the county accusation of one or more persons of a crime or where the party died. And, by stat. 2 Geo. II. misdemeanor, preferred to, and presented upon C. 21. if the stroke or poisoning be in England, oath by, a grand jury. To this end, (says Black- and the death upon the sea or out of England, or fone), “ The sheriff of every county is bound to vice versa, the offenders, and their accessories, return to every session of the peace, and every may be indicted in the county, where either the commission of oyer and terminer,and of general gaol. death, poisoning, or froke, fall happen. And delivery, 24 good and lawful men of the county, fo in some other cases; as particularly, where some out of every hundred, to inquire, present, treason is committed out of the realm, it may do, and execute all those things, which on the be inquired of in any county within the repart of our lord the king shall then and there be alm, as the king shall direct, in pursuance of stacommanded them. They ought to be freeholders; tutes 26 Hen. VIII. c. 13. 33. ; c. 23. 35.; and but to what amount is uncertain : which seems to c. 2. 5.6.; Edw. VI. c. 11. And counterfeiters, be cajus omisus, and as proper to be supplied by washers, or minishers of the current coin, together the legiNature as the qualifications of the petit with all manner of felons and their accessories, jury; which were formerly equally vague and un- may, by stat. 26 Hen. VIII. c. 6. (confirmed and certain, but are now settled by several acts of par- explained by 34 and 35 Hen. VIII. c. 26. § 75. liament. However, they are usually gentlemen 76.) be indicted and tried for those offen es, if of the best figure in the county. As many as ap. committed in any part of Wales, before the jurpear upon this pannel, are sworn upon the grand tices of gaol-delivery and of the peace, in the next jury, to the amount of 12 at the least, and not adjoining county of England, where the king's more than 23; that 12 may be a majority. Which writ runneth : that is, at present in the county

of number, as well as the constitution itself, we Hereford or Salop: and not, as it should seem, in find exactly described so early as the laws of the county of Chester or Monmouth : the one beking Ethelred: Exeant seniores duodecim thani, ing a county palatine, where the king's writ did et prefe&us,cum eis, ut jurent super fan&uarium not run; and the other a part of Wales, in 26 quod eis in manus datur, quod nolint ullum innocent. Hen. VÍII. Murders also, whether committed em accufare, nec aliquem noxium celare. In the in England or in foreign parts, may, by virtue of time of king Richard I. (according to Hoveden), the stat. 33 Hen. VIII. c. 23. be inquired of and the process of electing the grand jury, ordained by tried by the king's special commission in any Mire that prince, was as follows: Four knights were or place in the kingdom. By ftat. 10 and 11 W, to be taken from the county at large, who choose Ill. c. 25. all robberies and other capital crimes two more out of every hundred; which two committed in Newfoundland, may be inquired associated to themselves ten other principal free- of and tried in any county of England. Offenmen, and those twelve were to answer concern- ces against the black act, 9 Geo. I. c. 22. may ing all particulars relative to their own district. be inquired of and tried in any county of EngThis number was probably found too large and land, at the option of the prosecutor. So feloinconvenient; but the traces of this institution still nies, in destroying turnpikes, or works upon na. remain, in that some of the jury must be fum- vigable rivers, erected by authority of parliamoned out of every hundred. This grand jury ment, may, by statutes : Geo. II. c. 20 and 13 are previously instructed in the articles of their in- Geo. III. c. 84. be inquired of and tried in any quiry, by a charge from the judge who presides adjacent county. By ftat. 26 Geo. II. c. 19. upon the bench. They then withdraw to fit and plundering or stealing from any vessel in diftress receive indi&ments, which are preferred to them or wrecked, or breaking any ship contrary to 12 in the name of the king, but at the suit of any Ann. stat. 2. C. 18. may be prosecuted either in the private prosecutor; and they are only to hear county where the fact is committed, or in any evidence on behalf of the prosecution for the countý next adjoining; and if committed in finding of an indi&ment is only in the nature of Wales, then in the next adjoining English counan inquiry or accusation, which is afterwards to ty: by which is understood to be meant, such be uried and determined; and the grand jury are English county as by the stat. 26 Hen. VIII. only to inquire upon their oaths, whether there above mentioned, had before a concurrent jurisbe sufficient cause to call upon the party to an- diction of felonies committed in Wales. Fe. {wer it. A grand jury, however, ought to be lonies committed out of the realm, in burning thoroughly persuaded of the truth of an indict- or destroying the king's ships, magazines, or ment, so far as their evidence goes; and not to stores, may, by stat. 12 Geo. III. c. 24. be inrest satisfied merely with remote probabilities: quired of and tried in any county of England, or a doctrine that might be applied to very oppref- in the place where the offence is committed. By five purposes. The grand jusy are sworn to in. ftat. 13 Geo. III. c. 63. misdemeanors committed quire only for the body of the county, pro corpore in India may be tried upon information or indictcomitatus; and therefore they cannot regularly in- ment in the court of king's bench in England; quire of a fact done out of that county for which and a mode is marked out for examining witthey are sworn, unless particularly enabled by act neffes by commiffion, and transmitting their

de. of parliament. And to fo high a nicety was this positions to the court. But, in general, all offer..

ces must be inquired into as well as tried, in the tion fhall be had for any of the treafons or mif county where the fact is committed. Yet if lar- prifions therein mentioned (except an affaffina. ceny be committed in one county, and the goods tion defigned or attempted on the perfon of the carried into another, the offender may be indicted king), unless the bill of indictment be found within either; for the offence is complete in both. Or in three years after the offence committed: and, he may be indicted in England for larceny in Scot-in cafe of murder, the time of the death must be land, and carrying the goods with them into Eng- laid within a year and a day after the mortal ftroke Irnd, or vice verfa; or for receiving in one part was given. The offence itself muft alfo be fet of the united kingdom goods that have been fto- forth with clearnefs and certainty; and in fome len in another. But for robbery, burglary, and crimes particular words of art must be ufed, which the like, he can only be indicted where the fact are fo appropriated by the law to exprefs the prewas actually committed for though the carry- cife idea which it entertains of the offence, that ing away and keeping of the goods is a continua- no other words, however fynonymous they may tion of the original taking, and is therefore larceny feem, are capable of doing it. Thus, in treafon, in the fecond county, yet it is not a robbery or the facts must be laid to be done "treasonably, burglary in that jurifdiction. And if a perfon be and against his allegiance; anciently, propitoriè et indicted in one county for larceny of goods origi- contra ligeantiæ fue debitum;" else the indictment nally taken in another, and be thereof convicted, is void. In indictments for murder, it is neceffary or ftands mute, he fhall not be admitted to his to fay that the party indicted "murdered," not clergy; provided the original taking be attended "killed" or "flew," the other; which, till the late with fuch circumstances as would have oufted fatute, was expreffed in Latin by the word murhim of his clergy by virtue of any flatute made dravit, In all indictments for felonies, the adprevious to the year 1691. When the grand juffeloniously," felonice, must be used; and ry have heard the evidence, if they think it a for burglaries alfo, burglariter, or, in English, groundless accufation, they used formerly to en Burglarioufly:" and all thefe to afcertain the dorfe on the back of the bill, Ignoramus; or, We intent. In rapes, the word rapuit," or ravifhed," know nothing of it: intimating, that though the is neceffary, and must not be expreffed by any facts might poffibly be true, that truth did not ap- periphrafis, in order to render the crime certain. pear to them. But now they affert in English So in larcenies alfo, the words felonice cepit et af more abfolutely, Not a true bill; or, (which is the portavit, “feloniously took or carried away?' better way) Nat found: and then the party is dif. are neceffary to every indictment: for thefe only charged without farther anfwer. But a fresh bill can exprefs the very offence. Alfo, in indictments may afterwards be preferred to a fubfequent grand for murder, the length and depth of the wound jury. If they are fatisfied of the truth of the ac- fhould in general be expreffed, in order that it cufation, they then endorfe upon it, A true may appear to the court to have been of a mortal bill; anciently, Billa vera. The indictment is nature: but if it goes through the body, then its then faid to be found, and the party ftands in- dimenfions are immaterial; for that is apparentdicted. But to find a bill, there muft at leaft ly fufficient to have been the cause of the death. twelve of the jury agree: for fo tender is the law Alfo, where a limb, or the like, is abfolutely cut of England of the lives of the fubjects, that no off, fuch defcription is needlefs. Laftly, in indictman can be convicted at the fuit of the king of ments, the value of the thing which is the fubject any capital offence, unlefs by the unanimous voice or inftrument of the offence muft fometimes be of twenty-four of his equals and neighbours; that expreffed. In indictments for larcenies this is is, by twelve at least of the grand jury, in the necessary, that it may appear whether it be grand firft place, affenting to the accufation; and after- or petit larceny; and whether entitled or not to wards by the whole petit jury of twelve more, the benefit of clergy. In homicides of all forts, it finding him guilty upon his trial. But if 12 of is neceflary; as the weapon with which it is com the grand jury affent, it is a good prefentment, mitted is forfeited to the king as a deodand. For though fome of the reft difagree. And the in the manner of procefs upon indictment, see PROdictment, when fo found, is publicly delivered CESS, N° 5. into court. Indictments must have a precife and fufficient certainty. By ftat. 1 Hen. V. c. 5. all indictments muft fet forth the Chriftian name, furname, addition of the ftate and degree, mystery, town, or place, and the county of the offender; and all this to identify his perfon. The time ard place are alfo to be afcertained, by naming the day and township in which the fact was committed; though a miftake in thefe points is in general not held to be material, provided the time be laid previous to the finding of the indictment, and the place to be within the jurifdiction of the court; unless where the place is laid, not merely as a ve nue, but as part of the defcription of the fact. But fometimes the time may be very material, where there is any limitation in point of time affigned for the profecution of offenders; as by the statute 7 Will. III. c. 3. which enacts, that no profecu