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 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 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. ward, iii 141 wife, iii 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 Abstract of a fine, ii 351 app 4 Acceptance of bills, ii 468, 469 after the fact, iv 37 and n Account books, when evidence, iii 368 Act of bankruptcy, ii 477 and n parliament, i 85 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 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 for debt below 40s. in superior court, iii 36 n 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 of country, ii 505 n Administrator, ii 496 iv 428 when privileged from arrest, iii 289 n Admiralty causes, iii 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 action, &c. for, iii 139 and n Advocate, iii 26, see Counsel canon law forbids clerks becoming, i 20 n 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 to hold to bail in action, iii 287 Affirmance of judgments, iii 411 i 428 n contracts by, i 429 n Aggregate corporation, i 469 Agistment, ii 452 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 n ii 293 n petty custom, duty on, abolished, i 316 n as to descent, ii 249 alienation by, ii 274 may be grantee in a deed, but cannot hold, ii purchase by, ii 293 may hold house or shop by agreement, ii 293 n Allegiance, i 366 iv 74 natural, i 369 oath of, i 367 iv 274 refusing it, iv 116 withdrawing from, iv 87 Allowance of franchise, iii 263 pardons, iv 401, 402 Alluvion, ii 261 and n Almanac, its authority, iii 333 Ambassador, king's prerogative as to, i 253 Amercement, ii app 5 iii 376 app 25, 26 ir 379 423 action for, iii 159 transportation to, iv 401 Ancestors, how numerous, ii 203 Anchors, injuries, &c. to, iv 245 n demesne, i 286 ii 99 Animals, see Cattle, Game monkey and parrot, property in, in 391 n Annual parliaments, i 153 for lives, ii 461 Arbitrary consecrations of tithes, i 113 ii 26 Arbitration in general, iii 16 Archbishop, i 155 377 and n his court, iii 64 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, iii 393 app 11 iv 375 of persons in civil cases, iii 288 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 Attachment against witnesses, iii 369 in chancery, iii 443, 444 with proclamations, iii 444 forfeiture of real property in treason, iv 381 in petit treason and felony, iv 385 forfeiture of personal property, ib 387 and n difference between forfeiture of lands and Attaint, grand jury in, iii 351 writ of, iii 402 Attainted persons, ii 290 iv 380 to steal fish, iv 235 and n to commit crime, iv 100 n 131 n 140 n devises, ii 376 Attorney at law, iii 25 and n action against, iii 166 and n Attorney at law, may appear for defendant in no right to be present at examination of how far responsible for errors, &c. ib when privileged from arrest, iii 289 n summary proceedings against, iv 284 n information by, iii 261 427 iv 308 Attornment, ii 72 288 when made, and use of, ii 290 n Auctioneer, see Agent, Master and Servant, when not entitled to compensation, i 428 n Averium, ii 424 Averment, iii 309 313 iv 340 Augmentation of vicarages and curacies, i 388 Avowry, iii 149 Aurum reginae, i 220 Auter droit, ii 177 Auterfois acquit, iv 335 and n Auter vie, tenant pur, ii 120 Ayle, writ of, in 186 common, iii 287 excepting to, iii 191 excessive, i 135 iv 297 justifying or perfecting, iii 291 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 agreement with bailiff to put in, iii 290 n what offences bailable, ib 298 Bailment, law of, ii 451 n 1. depositum, or deposits, it 2. Mandatum, to do without recompense it, Baking, regulations as to baking, &c. of bread, selling bad bread, iv 162 and n Banishment, i 137 iv 377 401 misbehaviour of its officers, iv 234 Banks of rivers, &c. destroying, iv 244 and a embezzling effects, iv 156 n principles and objects of law, ii 471 n who may become bankrupt, it free from arrest, iii 289 n fraudulent bankruptcy, iv 156 n 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 and feme, i 433, see Husband and Wife of bishops, i 156 hints to, i 23 their station in society, i 406 n attorney and solicitor-general precedence of may lead at nisi prius in common pleas, iii 28 n when silenced, iii 29 liabilities and privileges of, iii 28 n 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 |