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 London 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, 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: Wr 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. our said parliament been tried, and in due form of law INDEX, The small numerals denote the Books; the ciphers the Pages of the Commentaries. Abatement of freehold, iii 168 indictment, iv 334 and notes writ, count, or suit, iii 302 Abbey-lands, ii 32 iv 116 molesting their possessors, iv 116 Abbots, i 155 Abbreviations, iii 323 Abduction of child, iii 140 and n heiress, iv 208 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 when freehold cannot be put in, ii 107 n Abigei, iv 239 of the realm, iv 56 124 332 377 rights and duties, i 123 after the fact, iv 37 and n Accident, when relieved against, iii 431 Account books, when evidence, iii 368 Accroaching royal power, iv 76 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 when binding on the crown, i 261 Action at law, iii 116 chose in, ii 397 ex contractu, iii 117 VOL. II. Action at law, feodal, iii 117 mixed, iii 118 for debt below 40s. in superior court, iii 36 n when right of, merged in public offence, iv Actual right of possession, ii 196 Admeasurement of dower, ii 136 iii 183 pasture, iii 238 Administration, ii 489 cum testamento annero, ii 504 de bonis non, ii 506 durante absentia, 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 no appeal from, to privy council, i 230 n letters of marque granted by, ib Adanission of a clerk, i 390 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 Aquitas sequitur legem, ii 330 to hold to bail in action, iii 287 Affinity, i 434 Affirmance of judgments, iii 411 93 contracts by, i 429 n when liable, i 431 n Aggregate corporation, i 469 fund, i 331 parliamentary, i 308 Air, right to, in 14 Alfred, his dome-book, i 64 iv 411 fine for, ii 71 iv 418 duty, i 314 316 372 374 who are, i 366 n Ancestors, how numerous, ii 203 Anchors, injuries, &c. to, iv 245 n demesne, i 286 ii 99 property in, ii 5 monkey and parrot, property in, in 391 n Annulum et baculum, investiture per, i 378 Answer in chancery, iii 446 Apostacy, iv 43 and n Apparel, see Clothes, excess in, iv 170 rights, &c. of, in general, i 366 371 nii 293 n Apparent, heir, ii 208 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 may hold house or shop by agreement, ii 293 n præmunire, iv 110 Alimony, i 441 iii 94 local, i 370 Allowance of franchise, iii 263 Alteration of deeds, ii 308 right of possession, ii 196 how differing from writ of error, iii 55 Appeal by approvers, iv 330 of arson, iv 314 death, iv 314 425 larceny, iv 314 rape, iv 314 in convictions, iv 282 n Appearance to actions, iii 287 n 290 to mesne process, iii 287 n Appellee on approvement, iv 330 Appointment to charitable uses, ii 376, see Offi- Approvers, iv 330 compelling prisoners to become, iv 128 Appurtenant common, ii 33 ii 17 n Arbitrary consecrations of tithes, i 113 ii 26 choosing umpire, ib Archbishop, i 155 377 and n his court, iii 64 Armed, being unusually, iv 149 standing, i 414 iv 419 441 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 ed, 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 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 place of, ib by officers without warrant, ib 292 and n by private persons without warrant, ib 293 and n Artificers, their station in the state, i 407 combination laws, iv 136 n leaving kingdom, i 260 n iv 160 embezzlements by, iv 230 n Assault, what constitutes, iii 120 and n offence in general, iv 216 217 and n on king's chancellor, &c. iv 84 in king's palace, iv 125 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 turned into a jury, iii 403 Association, writ of, iii 59 covenant for farther, ii app 2 Atheling, i 198 for contempts, iv 283 and n with proclamations, iii 444 writ of, iii 280 app 13 forfeiture of real property in treason, iv 381 in petit treason and felony, iv 385 forfeiture of personal property, ib 387 and n Attorney at law, may appear for defendant in no right to be present at examination of client for felony, iii 25 n summary proceedings against, iv 284 n Attorney-general, iii 27 information by, iii 261 427 iv 308 Averium, ii 424 Averment, iii 309 313 iv 340 Augmentation of vicarages and curacies, i 388 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 Auter vie, tenant pur, ii 120 justifying or perfecting, iii 291 refusing, iv 297 to sheriff, iii 290 and n Bailment, law of, ii 451 n 1. depositum, or deposits, it 2. Mandatum, to do without recompense is, 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 misbehaviour of its officers, iv 234 embezzling effects, iv 156 n Bankruptcy, ii 285 471 principles and objects of law, ii 471 n who may become bankrupt, it free from arrest, iii 289 n fraudulent bankruptcy, iv 156 n Banneret, knight, i 403 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 their station in society, i 406 n 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 109 300 services, ii 61 tenants, ii 148 personating of, iv 128 n Bailable or not, who, iv 297, 298, 299 Bail-bond, iii 290 app 19 Bailiffs, see Constable, i 345 427 of hundreds, i 115 345 making arrest, when wrongful, iii 288 n Bailiwick, i 344 ii 38 Bastard, i 454 administration to, ii 505 concealment of its death, iv 198 and n 358 eignè, ii 248 incapacity of, i 459 maintenance of, i 458 punishment for having, iv 65 Bath, knight of the, i 403 |