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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 attorney 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 the 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 prisoner 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 GENERAL 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 of 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 respective 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 it is his majesty's command, that execution of the said sentence upon them the said Charles King and Mary Smith be respited, until his majesty's pleasure touching them be further known.

GIVEN under my hand and seal this fourth day of November, one thousand seven hundred and sixty-eight.

JAMES EYRE, Recorder, (L S.)

SECT. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, BEFORE THE
KING IN PARLIAMENT.

GEORGE the Second, by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, and so forth; to the sheriffs of London and sheriff of Middlesex, greeting. WHEREAS Lawrence earl Ferrers, viscount Tamworth, hath been indicted of felony and murder by him done and committed, which said indictment hath been certified before us in our present parliament; and the said Lawrence earl Ferrers, viscount Tamworth, hath been thereupon arraigned, and upon such arraignment hath pleaded not guilty; and the said Lawrence earl Ferrers, viscount Tamworth, hath before us in our said parliament been tried, and in due form of law convicted thereof; and whereas judgment hath been given in our said parliament, that the said Lawrence earl Ferrers, viscount Tamworth, shall be hanged by the neck till he is dead, and that his body be dissected and anatomized, the execution of which judgment yet remaineth to be done: WE require, and by these presents strictly command you, that upon Monday the fifth day of May instant, between the hours of nine in the morning and 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 then and there to be delivered, as by another writ to the lieutenant of our tower of London or to his deputy directed, we have commanded) into your custody 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 do cause execution to be done upon the said Lawrence earl Ferrers, viscount Tamworth, in your custody so being, in all things according to the said judgment. And this you are by no means to omit, at your peril. WITNESS ourself at Westminster the second day of May, in the thirty-third year of our reign. YORKE and YORKE.

INDEX,

The small numerals denote the Books; the ciphers the Pages of the

Commentaries.

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ward, iii 141

wife, iii 139 and n

women, i 443 and n

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

Account books, when evidence, iii 368
cognizable in equity, iii 437
writ of, iii 162
Accroaching royal power, iv 76
Ac etiam, iii 288 app 18

Act of bankruptcy, ii 477 and n
grace, how passed, i 184
when pleaded, iv 396

parliament, 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

ex contractu, iii 117

delicto, iii 117

VOL. II.

93

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 36 n
in case of death from battery, iii 119 n
when lies after criminal prosecution, ib
when right of, merged in public offence, iv
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 of

country, ii 505 n

Administrator, ii 496 iv 428

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

Admiralty causes, iii 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
Admission 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 n
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 411

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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 n ii 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

as to descent, ii 249

alienation by, ii 274

may be grantee in a deed, but cannot hold, ii
274 n

purchase by, ii 293

may hold house or shop by agreement, ii 293 n
when contracts by, suspended by war, ii 401 n
when privileged from arrest, iii 289 n
pramunire, iv 110
Alimony, i 441 iii 94
Allegation, iii 100

Allegiance, i 366 iv 74
local, i 370

natural, i 369

oath of, i 367 iv 274

refusing it, iv 116

withdrawing from, iv 87
Allodial property, ii 47 60
Allodium, ii 105

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 407 iv 439

Amercement, ii app 5 iii 376 app 25, 26 ir

379 423

action for, iii 159
American colonies, i 107

transportation to, iv 401
Ancestor, ii 209

Ancestors, how numerous, ii 203
Ancestral actions, iii 186

Anchors, injuries, &c. to, iv 245 n
Ancient lights, ii 402

demesne, i 286 ii 99

Animals, see Cattle, Game
property in, ii 5

monkey and parrot, property in, in 391 n
rooks, disturbing them, ii 393 n
what protected by statutes, ib
dogs, law relating to, ii 393 n
mischief by tame, iii 153 n
larceny of, iv 235 ii 393 n
maiming of, iv 244 246
Animus furandi, iv 230 232
revertendi, ii 392

Annual parliaments, i 153
Annuities, what, ii 40

for lives, ii 461

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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
Archdeaconry, i 111
Arches court, iii 64

dean of, iii 65

Areopagus, court of, iii 365 iv 169 348

Aristocracy, i 49

Armed, being unusually, iv 149
Armies, 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, iii 393 app 11 iv 375
Arrest, see False Imprisonment

of persons in civil cases, iii 288
'for what cause of action, iii 287 a
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

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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, court of, iii 71
Attainder, act of, iii 259

forfeiture of real property in treason, iv 381
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

Attaint, grand jury in, iii 351

writ of, iii 402

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 140 n
Attestation of deeds, ii 307

devises, ii 376

Attorney at law, iii 25 and n

action against, iii 166 and n

Attorney at law, may appear for defendant in
misdemeanors, iii 25 n

no right to be present at examination of
client for felony, iii 25 n
Attorney, privileges of, iii 26 n
amenable to his court, ib n
who may be admitted, iii 26

how far responsible for errors, &c. ib
original writ against, iii 274 n

when privileged from arrest, iii 289 n
undertaking to appear for defendant, iii 290 n
not to disclose client's secrets on trial, iii
370 n

summary proceedings against, iv 284 n
Attorney-general, iii 27

information by, iii 261 427 iv 308
Attorney, warrant of, to confess judgment, iii
397

Attornment, ii 72 288

when made, and use of, ii 290 n
Aubaine, droit de, i 372

Auctioneer, see Agent, Master and Servant,
Stakeholder

when not entitled to compensation, i 428 n
Audita querela, writ of, iii 405 406 n
Auditors in account, iii 163

Averium, ii 424

Averment, iii 309 313 iv 340

Augmentation of vicarages and curacies, i 388
Aula regia, or regis, iii 38 iv 416 422
Aulnager, ii 275

Avowry, iii 149

Aurum reginae, i 220

Auter droit, ii 177

Auterfois acquit, iv 335 and n
attaint, iv 336 and n
convict, ib

Auter vie, tenant pur, ii 120
Authorities in law, i 72
Award, iii 16

Ayle, writ of, in 186
Bachelor, knight, i 404
Baeking warrants, iv 291
Bail above, iii 290
below, iii 291

common, iii 287

excepting to, iii 191

excessive, i 135 iv 297
in error, iii 410

justifying or perfecting, iii 291
refusing, iv 297
special, iii 287

taking insufficient, iv 297

to the action, iii 290

to sheriff, iii 290 and n

affidavit to hold to, iii 287 n

when protected from arrest, iii 289 n
depositing money instead of, iii 290 n
surrender of defendant, ib 292

agreement with bailiff to put in, iii 290 n
in criminal cases, iv 296 and n

what offences bailable, ib 298

Bailment, law of, ii 451 n

1. depositum, or deposits, it

2. Mandatum, to do without recompense it,
3. Commodatum, loan for use, ib
4. Pignori acceptum, pawns, ib
5. locatum, hiring, ib
Bail-piece, iii 291 app 20

Baking, regulations as to baking, &c. of bread,
iv 157 and n 162 n

selling bad bread, iv 162 and n
Ballot for jurors, iii 358
Balnearii, iv 239

Banishment, i 137 iv 377 401
Bank, i 327

misbehaviour of its officers, iv 234
embezzlement by, iv 230 n
notes, forgery of, iv 248 and n
Bankers, embezzlement by, iv 230 n
forging their plates, iv 250 n

Banks of rivers, &c. destroying, iv 244 and a
Bankrupt, ii 471 iv 431 436

embezzling effects, iv 156 n
fraudulent bankruptcy, ib
Bankruptcy, ii 285 471
cognizance of, iii 428
fraudulent, iv 156

principles and objects of law, ii 471 n
statutes repealed, ib

who may become bankrupt, it
acts of bankruptcy, ib

free from arrest, iii 289 n

fraudulent bankruptcy, iv 156 n
Banneret, knight, i 403

Banns, i 439

Bar of dower, ii 136

plea in, iii 306 iv 335 396

trial at, iii 352 iv 351

Bargain and sale of lands, ii 333 app 2
Bargemaster, action against, iii 164
Baron, i 398

and feme, i 433, see Husband and Wife
Baronet, i 403
Baronies, ii 62 90

of bishops, i 156
Barratry, iv 134
Barristers, see Advocate

hints to, i 23

their station in society, i 406 n
their office, &c. in courts, iii 26 and n
may be made serjeant in vacation, iii 27 n
king's counsel cannot plead for prisoner, &c.
without licence, iii 27 n

attorney and solicitor-general precedence of
premier serjeant, iii 28 n

may lead at nisi prius in common pleas, iii

28 n

when silenced, iii 29

liabilities and privileges of, iii 28 n
action against, iii 165

when free from arrest, iii 289 n

not to disclose confidential communications,

iii 370 n

what to be done if offence not bailable, ib Base fees, ii 109

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