County of Warwick from whence he came, and from thence to the place e execution on Monday now next ensuing, being the ninth day of this instant August, and there be hanged by the neck until he be dead, and that after- and dissecuou waras his body be dissected and anatomized. SECT. 2. CONVICTION OF MANSLAUGHTER. upon their oath say, that the said Peter Hunt is not guilty Verdict: no of the murder aforesaid, above charged upon him; but that the said Peter guilty of mur Hunt is guilty of the felonious slaying of the aforesaid Samuel Collins; and der; guilty o manslaughter that he had not nor hath any goods or chattels, lands or tenements, at the ime of the felony and manslaughter aforesaid, or ever afterwards to this time, to the knowledge of the said jurors (2). And immediately it is demanded of the said Peter Hunt, if he hath or knoweth any thing to say, wherefore the said justices here ought not upon the premises and verdict aforesaid to proceed to judgment and execution against him: WHO saith Clergy prayed bat he is a clerk, and prayeth the benefit of clergy to be allowed him in this behalf. WHEREUPON, all and singular the premises being seen, and by the Judgment to said justices here fully understood, IT IS CONSIDERED by the court here, that be burned in the said Peter Hunt be burned in his left hand, and delivered. And im- the hand, and mediately he is burned in his left hand, and is delivered, according to the form of the statute (3). SECT. 3. ENTRY OF A TRIAL INSTANTER IN THE Court of KING'S BENCH, UPON Michaelmas Term, in the Sixth Year of the Reign of } King George the Third. delivered what he can saventor of execution. Kent; The King) THE PRISONER at the bar being brought into this court against in custody of the sheriff of the county of Sussex, by Thomas Rogers. virtue of his majesty's writ of habeas corpus, IT 18 Habeas corpur ORDERED that the said writ and the return thereto be filed. AND it appear- Record of ating by a certain record of attainder, which hath been removed into this tainder read, court by his majesty's writ of certiorari, that the prisoner at the bar stands for felony and attainted, by the name of Thomas Rogers, of felony for a robbery on the robbery. highway, and the said prisoner at the bar having heard the record of the said attainder now read to him, is now asked by the court here, what he Prisoner asked hath to say for himself, why the court here should not proceed to award execution against him upon the said attainder. He for plea saith, that he is Lot the same Thomas Rogers in the said record of attainder, named, and Plea: not the against whom judgment was pronounced: and this he is ready to verify and same person. Prove, &c. To which said plea the honourable Charles Yorke, esquire, attorney general of our present sovereign lord the king, who for our said lord Replication. the king in this behalf prosecuteth, being now present here in court, and having heard what the said prisoner a the bar hath now alleged, for our said lord the king by way of reply saith, that the said prisoner now here at the bar is the same Thomas Rogers in the said record of attainder named, averring that and against whom judgment was pronounced as aforesaid; and this he he is. prayeth may be inquired into by the country; and the said prisoner at the Issue joined. bar doth the like: THEREFORE let a jury in this bealf immediately come Venire award here into court, by whom the truth of the matter will be the better known, ed instanter and who have no affinity to the said prisoner, to try upon their oath, whether the said prisoner at the bar be the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as aforesaid, or not: because as well the said Charles Yorke, esquire, attorney general of our said lord the king, who for our said lord the king in this behalf prosecutes, as the said prisoner at the bar, have put themselves in this behalf upon the said jury. AND immediately ereupon the said jury come Jury sworn. nere into court: and being elected, tried, and sworn to speak the truth ouching and concerning the premises aforesaid, and having heard the said record read to them, do say upon their oath, that the said prisoner at the bar Verdict that is the same Thomas Rogers in the said record of attainder named, and he is the same, against whom judgment was so pronounced as aforesaid, in manner and form (2) See preceding note. (3) Benefit of clergy and burning in he hand being now abolished, see 6 Geo. IV. c. 25, 7 and 8 Geo. IV. c. 28, ante, p. cution as the said attorney general hath by his said replication to the said plea of the said prisoner now here at the bar alleged. AND HEREUPON the said at torney general on behalf of our said lord the king now prayeth, that the court here would proceed to award execution against him the said Thomas Award of exe Rogers upon the said attainder. WHEREUPON, all and singular the premises being now seen and fully understood by the court here, IT IS ORDERED by the court here, that execution be done upon the said prisoner at the bar for he said felony in pursuance of the said judgment, according to due form of law: AND it is lastly ordered, that he the said Thomas Rogers, the prisoner at the bar, be now committed to the custody of the sheriff of the county of Kent (now also present here in court) for the purpose aforesaid; and that the said sheriff of Kent do execution upon the said defendant the prisone at the bar for the said felony, in pursuance of the said judgment, according to due form of law. On the motion of Mr. Attorney General. By the Court SECT. 4. WARRANT OF EXECUTION ON JUDGMENT OF Death, at the GENERA! GAOL DELIVERY in London and Middlesex. London and Middlesex. To the sheriffs of the city of London; and to the sheriff of the county of Middlesex: and to the keeper of his majesty's gaol of Newgate. WHEREAS at the session of gaol delivery of Newgate, for the city 1 London and county of Middlesex, holden at Justice Hall in the Old Bailey on the nineteenth day of October last, Patrick Mahony, Roger Jones Charles King, and Mary Smith, received sentence of death for the respec tive offences in their several indictments mentioned; Now it is HEREBY ORDERED, that execution of the said sentence be made and done upon them the said Patrick Mahony and Roger Jones, on Wednesday the ninth day of this instant month of November at the usual place of execution. AND is his majesty's command, that execution of the said sentence upon then the said Charles King and Mary Smith be respited, until his majesty' pleasure touching them be further known. GIVEN under my hand and seal this fourth d: of November, one thousand seven hundre and sixty-eight. JAMES EYRE, Recorder, (L. S SECT. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, before th GEORGE the Second, by the grace of God of Great Britain, France, an ireland, king, defender of the faith, and so forth; to the sheriffs of Londe and sheriff of Middlesex, greeting. WHEREAS Lawrence earl Ferret viscount Tamworth, hath been indicted of felony and murder by him do and committed, which said indictment hath been certified before us in ou present parliament; and the said Lawrence earl Ferrers, viscount Tar worth, hath been thereupon arraigned, and upon such arraignment ha pleaded not guilty; and the said Lawrence earl Ferrers, viscount Tamwor hath before us in our said parliament been tried, and in due form of la convicted thereof; and whereas judgment hath been given in our said pa liament, that the said Lawrence earl Ferrers, viscount Tamworth, shall b hanged by the neck till he is dead, and that his body be dissected and an tomized, the execution of which judgment yet remaineth to be done: W require, and by these presents strictly command you, that upon Monday th fifth day of May instant, between the hours of nine in the morning ar one in the afternoon of the same day, him the said Lawrence earl Ferrers viscount Tamworth, without the gate of our tower of London (to you the and there to be delivered, as by another writ to the lieutenant of our towe of London or to his deputy directed, we have commanded) into your custo you then and there receive: and him, in your custody so being, you forthwith convey to the accustomed place of execution at Tyburn: and that you d cause execution to be done upon the said Lawrence earl Ferrers, viscoun Tamworth, in your custody so being, in all things according to the sail judgment. And this you are by no means to omit, at your peril. W.TNES ourself at Westminster the second day of May, in the thirty-third year. our reign. YORKE and YORKE INDEX, The small numerals denote the Books; the ciphers the Pages of the Commentaries. Abatement of freehold, in 168 molesting their possessors, iv 116 Abduction of child, iii 140 and n ward, iii 141 wife i 139 and n women, i 443 and n or kidnapping, iv 219 and n when freehold cannot be put in, ii 107 n Abjuration, oath of, i 368 of the realm, iv 56 124 332 377 Absolute power of the crown, i 250 rights and duties, i 123 Acceptance of bills, ii 468, 469 after the fact, iv 37 and n Accident, when relieved against, iii 431 Account books, when evidence, iii 368 Acroaching royal power, iv 76 Act of bankruptcy, ii 477 and n when pleaded, iv 396 disobedience to, iv 12 endeavouring to repeal, is treason, iv 82 n its ancient form, i 182 power, i 185 private, i 86 ii 344 and n 345 n public, i 85 when binding on the crown, i 261 Action at law, iii 116 chose in, ii 397 ea contractu, iii 117 delicto, iii 117 Action at law, feodal, iii 117 for debt below 40s. in superior court, iii on Actual right of possession, ii 196 cum testamento annexo, ii 504 durante absentra, ii 503 durante minore aetate, ii 503 n limited or special, ii 506 granted to creditor when executor out Administrator, ii 496 iv 428 when privileged from arrest, iii 289 n Admiralty causes, ini 106 court of, iii 69 iv 268 no appeal from, to privy council, i 230 n letters of marque granted by, ib to copyholds, ii 370 Admittendum clericum, writ ad, iii 250 rights, &c. of wife guilty of, i 441 Advocate, iii 26, see Counsel canon law forbids clerks becoming, i 20 ■ Advowson, iv 426 in general, ii 21 cannot pass without deed, ii 22 n is saleable, ii 22 n tenant by curtesy of, ii 127 n purchase of, not simoniacal, ii 279 n Equitas sequitur legem, ii 330 Affectum, challenge propter, iii 363 iv 352 Affeerors of amercements, iv 380 Affidavit, in general, iii 304 to hold to bail in action, iii 287 in pleas in abatement, iii 302 Affirmance of judgments, iii 41} Affray, iv 145 and n Age, action suspended лy, iii 300 not entitled to salary if acting improperly, i 428 n contracts by, i 429 n when liable, i 431 n Aggregate corporation, i 469 fund, i 331 Agistment, ii 452 Agnati, ii 235 Agnus Dei, &c. iv 115 Alderney, island of, i 106 Alfred, his dome-book, i 64 iv 411 Alias writ, iii 283 app 15 iv 319 forfeiture by, ii 268 274 n Alien priories, i 386 iv 113 rights, &c. of, in general, i 366 371 nii 293 n petty custom, duty on, abolished, i 316 n Allowance of franchise, iii 263 pardons, iv 401, 402 selling unstamped, ii 420 n Ambassador, king's prerogative as to, i 253 arrest of, and servants, i 256 n iii 289 n Approvement in felony and treason. ir 129 Approvers, iv 330 compelling prisoners to become, iv 128 Appurtenances, meaning and effect of the word Arbitrary consecrations of tithes, i 113 ii 26 Arbitration in general, iii 16 Archbishop, i 155 377 and n his court, iii 64 Arendeaconry, i 11 dean of, iii 65 Areopagus, court of, iii 365 iv 169 348 Aristocracy, i 49 Armed, being unusually, iv 149 standing, i 414 iv 419 441 Armorial ensigns, ii 429 iii 105 Armour, &c. embezzling the king's, iv 101 Arms and ammunition, exporting them, i 265 going armed, iv 149 Arraignment, iv 322 app 1 incidents to, iv 324 and n Array, challenge to, iii 359 iv 352 Arrest of judgment, in 393 app 11 iv 375 of persons in civil cases, iii 288 for what cause of action, iii 287 n persons privileged from, iii 289 n remedy for malicious, iii 126 of persons in criminal cases, iv 289 by warrant, and who may grant it, and for what, iv 290 and n form of warrant, ib and n backing warrant, ib 291 and n place of, ib by officers without warrant, ib 292 and n by private persons without warrant, ib 293 by hue and cry, iv 293 Arson, see Fire in general, iv 220 373 what a house to constitute offence, iv 221 where house must be burnt, iv 221 estate, ii 326 reversions, iii 157 of choses in action, ii 442 290 n of lease, how far assignee bound by cove of wife's chose in action by husband, 1 of personal property, requisites of, `i 440 n Assise, certificate of, iii 389 general, i 148 grand, iii 341 iv 422 justices of, iii 59 iv 269 killing them, iv 84 of arms, i 411 ii 66 turned into a jury, iii 403 Assurances, common, ii 294 Attachment against witnesses, iii 369 in chancery, iii 443, 444 with proclamations, iii 444 forfeiture of real property in treason, iv 3 in petit treason and felony, iv 385 forfeiture of personal property, ib 387 and n Attaint, gra jury in, iii 351 writ of, i Attainted persons, ii 290 iv 380 to steal fish, iv 235 and n to commit crime, iv 100 n 131 n j40 n devises, ii 376 Attorney at law, iii 25 and n action against, iii 166 and n |