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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
A COLLATERAL ISSUE; AND RULE of Court for Execution thereon.

Michaelmas Term, in the Sixth Year of the Reign of

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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.
374, n. (8), this form will require altera
tion accordingly.

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
KING IN PARLIAMENT.

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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
indictment, iv 334 and notes
auisance, iii 5 and n
writ, count, or suit, iii 302
plea in, iii 302 iv 334
Abbey-lands, ii 32 iv 116

molesting their possessors, iv 116
Abbots, i 155
Abbreviations, iii 323
Abdication, i 211 iv 78

Abduction of child, iii 140 and n
heiress, iv 208

ward, iii 141

wife i 139 and n

women, i 443 and n

or kidnapping, iv 219 and n
Abearance, good, security for, iv 251 256
Abeyance, ii 107

when freehold cannot be put in, ii 107 n
remainders, &c. when not in, ii 107 n
Abigei, iv 239

Abjuration, oath of, i 368

of the realm, iv 56 124 332 377

Absolute power of the crown, i 250
property, ii 389

rights and duties, i 123
Abstract of a fine, ii 351 app 4
Accedas ad curiam, iii 34

Acceptance of bills, ii 468, 469
Accession, property by, ii 404
Accessaries, iv 35 and n

after the fact, iv 37 and n
before the fact, iv 36 and n
when to be tried, iv 323

Accident, when relieved against, iii 431
taking goods by, no larceny, iv 232 n
Accomplices, discovery of, iv 330 331
Accord, iii 15 and n 1

Account books, when evidence, iii 368
ognizable in equity, iii 437
writ of, iii 162

Acroaching royal power, iv 76
Ac etiam, iii 288 18
app.

Act of bankruptcy, ii 477 and n
grace, how passed, i 184

when pleaded, iv 396
rarliament, i 85

disobedience to, iv 12

endeavouring to repeal, is treason, iv 82 n
how made, i 181

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
mixed, iii 118
personal, iii 117
plea to, iii 303
property in, ii 396
real, iii 117 and n

for debt below 40s. in superior court, iii on
in case of death from battery, iii 119 n
when lies after criminal prosecution, ib
when right of, merged in public offence
6 notes

Actual right of possession, ii 196
Additions, i 407 iii 302 iv 306 334
Adherence to the king's enemies, iv 82
Adjoining county, trial in, iii 383
Adjournment of parliament, i 187
Admeasurement of dower, ii 136 iii 183
pasture, iii 238
Administration, ii 489

cum testamento annexo, ii 504
de bonis non, ii 506

durante absentra, ii 503

durante minore aetate, ii 503 n

limited or special, ii 506

granted to creditor when executor out
country, ii 505 n

Administrator, ii 496 iv 428

when privileged from arrest, iii 289 n
when pay costs, iii 400 n

Admiralty causes,

ini 106

court of, iii 69 iv 268

no appeal from, to privy council, i 230 n
droits of, i 259 n

letters of marque granted by, ib
Adrission of a clerk, i 390

to copyholds, ii 370

Admittendum clericum, writ ad, iii 250
Ad quod damnum, writ of, ii 271
Advertising for stolen goods, iv 134
Adultery, iv 64 191

rights, &c. of wife guilty of, i 441
action, &c. for, iii 139 and n

Advocate, iii 26, see Counsel

canon law forbids clerks becoming, i 20 ■
Advocatus fisci, iii 27

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
Affinity, i 434

Affirmance of judgments, iii 41}

Affray, iv 145 and n

Age, action suspended лy, iii 300
of consent to marriage, i 436
persons how reckoned, i 463 iv 23
Agent, see Master and Servant

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
Agreement, see Contract
Agriculture, its original, ii 7
Aid-prayer, iii 300
Aids, feodal, ii 63 86
parliamentary, i 308
Air, right to, ii 14
Albinatus jus, i 372 374
Alderman, i 116

Alderney, island of, i 106
Alehouses, iv 64 168

Alfred, his dome-book, i 64 iv 411

Alias writ, iii 283 app 15 iv 319
Alienation, in general, ii 287
fine for, ii 71 iv 418

forfeiture by, ii 268 274 n

Alien priories, i 386 iv 113
Aliens, ii 249 274 293 iv 111
duty, i 314 316 372 374
who are, i 366 n

rights, &c. of, in general, i 366 371 nii 293 n
naturalization and denization, i 374 and n
when may vote at elections, i 174 n
duty on, i 314 316 372 374

petty custom, duty on, abolished, i 316 n
women entitled to dower, ii 131 n

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Allowance of franchise, iii 263

pardons, iv 401, 402
writs of error, iv 392
to bankrupts, ii 483
Alluvion, ii 261 and n
Almanac, its authority, iii 333

selling unstamped, ii 420 n
Alteration of deeds, ii 308

Ambassador, king's prerogative as to, i 253
inviolability of, considered, i 254 n
cannot arrest servant of, i 256 n

arrest of, and servants, i 256 n iii 289 n
violation of privileges, iv 70 441
Amended bill in equity, iii 448
Amendment at law. iii 40 iv 439

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Approvement in felony and treason. ir 129
of commons. ii 34 iiì 240

Approvers, iv 330

compelling prisoners to become, iv 128
Appurtenant common, ii 33

Appurtenances, meaning and effect of the word
ii 17 n

Arbitrary consecrations of tithes, i 113 ii 26

Arbitration in general, iii 16
choosing umpire, ib
title to land referred, ib n
terms of reference to, ib n
how revoked, ib

Archbishop, i 155 377 and n
Archdeacon, i 383

his court, iii 64

Arendeaconry, i 11
Arches court, iii 64

dean of, iii 65

Areopagus, court of, iii 365 iv 169 348

Aristocracy, i 49

Armed, being unusually, iv 149
A:mies, see Soldiers, i 262

standing, i 414 iv 419 441

Armorial ensigns, ii 429 iii 105

Armour, &c. embezzling the king's, iv 101
statutes of, i 411

Arms and ammunition, exporting them, i 265
right of having, i 143

going armed, iv 149

Arraignment, iv 322 app 1

incidents to, iv 324 and n

Array, challenge to, iii 359 iv 352
commission of, i 411

Arrest of judgment, in 393 app 11 iv 375
Arrest, see False Imprisonment

of persons in civil cases, iii 288

for what cause of action, iii 287 n
how made, iii 288 n

persons privileged from, iii 289 n
on border of county, iii 290 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
and n

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
what a burning, ib 222

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estate, ii 326

reversions, iii 157

of choses in action, ii 442 290 n

of lease, how far assignee bound by cove
nants, ii 327 n

of wife's chose in action by husband, 1
433 n

of personal property, requisites of, `i 440 n
Assigns, ii 289

Assise, certificate of, iii 389
commission of, iii 59 iv 269 424
court of, iii 57

general, i 148

grand, iii 341 iv 422

justices of, iii 59 iv 269

killing them, iv 84

of arms, i 411 ii 66
bread breaking, iv 157
rent of, ii 42

turned into a jury, iii 403
writ of, iii 184 iv 422
Association, writ of, iii 59
Assumpsit, express, iii 150
implied, iii 159

Assurances, common, ii 294
covenant for farther, ii app 2
Atheling, i 198

Attachment against witnesses, iii 369
for contempts, iv 283 and n

in chancery, iii 443, 444

with proclamations, iii 444
writ of, iii 280 app 13
Attachments, cour, of, iii 71
Attainder, act of, iii 259

forfeiture of real property in treason, iv 3
ii 251 n 253 n

in petit treason and felony, iv 385
forfeiture of real property by praemunire,
&c. ib 386

forfeiture of personal property, ib 387 and n
difference between forfeiture of lands and
goods, ib 387

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Attaint, gra jury in, iii 351

writ of, i

Attainted persons, ii 290 iv 380
Attempt to rob, iv 242 and n

to steal fish, iv 235 and n

to commit crime, iv 100 n 131 n j40 n
Attestation of deeds, ii 307

devises, ii 376

Attorney at law, iii 25 and n

action against, iii 166 and n

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