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thought, did kill and murder, against the peace of the faid lord the now king, his crown, and dignity. Whereupon the fheriff Capias. of the county aforefaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the faid Peter Hunt, if he may be found in his bailiwick, and him fafely keep, to answer to the felony and murder whereof he ftands indicted. Which faid Seffion of indictment the faid juftices of the lord the king above named, gaol-deliafterwards, to wit, at the delivery of the gaol of the faid lord the very. king, holden at Warwick in and for the county aforefaid, on Friday the fixth day of Auguft in the faid fecond year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief justice of the faid lord the king, affigned to hold pleas before the king himfelf, fir Sidney Stafford Smythe, knight, one of the barons of the exchequer of the faid lord the king, and others their fellows, juftices of the faid lord the king, affigned to deliver his faid gaol of the county aforesaid of the prifoners therein being, by their proper hands do deliver here in court of record in form of the law to be determined. And after- Arraign➡ wards, to wit, at the fame delivery of the gaol of the faid lord ment. the king of his county aforefaid, on the faid Friday the fixth day of Auguft, in the faid fecond year of the reign of the faid lord the king, before the faid juftices of the lord the king last abovenamed and others their fellows aforefaid, here cometh the faid Peter Hunt, under the cuftody of William Browne, efquire, sheriff of the county aforefaid, (in whofe cuftody in the gaol of the county aforefaid, for the cause aforefaid, he had been before committed,) being brought to the bar here in his proper perfon by the faid fheriff, to whom he is here alfo committed: Aud forthwith being demanded concerning the premifes in the faid indictment above fpecified and charged upon him, how he will acquit himself thereof, he faith, that he is not guilty thereof; Plea; not and thereof for good and evil he puts himself upon the country: guilty. and John Blencowe, efquire, clerk of the affifes for the county Issue. aforefaid, who profecutes for the faid lord the king in this behalf, doth the like: Therefore let a jury thereupon here imme- Venire. diately come before the faid juftices of the lord the king laft abovementioned, and others their fellows aforefaid, of free and lawful men of the neighbourhood of the faid parish of Lighthorne in the county of Warwick aforefaid, by whom the truth of the matter may be the better known, and who are not of kin to the faid Peter Hunt, to recognize upon their cath, whether the faid Peter Hunt be guilty of the felony and murder in the indictment aforefaid above fpecified, or not guilty because as well the faid John Blencowe, who profecutes for the faid lord the king in this behalf, as the faid Peter Hunt, have put themfelves upon the faid jury. And the jurors of the faid jury by the faid theriff for this purpofe impannelled and returned, to wit, David Williams, John Smith, Thomas Horpe, Charles Nokes,
Verdict; guilty of murder.
Richard May, Walter Duke, Matthew Lion, James White, William Bates, Oliver Green, Bartholomew Nath, and Henry Long, being called, come; who being elected, tried, and fworn, to speak the truth of and concerning the premifes, upon their oath fay, that the faid Peter Hunt is guilty of the felony and murder aforefaid, on him above charged in the form aforefaid, as by the indictment aforefaid is above fuppofed against him; and that the faid Peter Hunt at the time of committing the faid felony and murder, or at any time fince to this time, had not nor hath any goods or chattels, lands or tenements, in the faid county of Warwick, or elsewhere, to the knowlege of the faid jurors. And upon this it is forthwith demanded of the faid Peter Hunt, if he hath or knoweth any thing to say, wherefore the faid juftices here ought not upon the premifes and verdict aforefaid to proceed to judgment and execution against him: who nothing farther faith, unlefs as he before had faid. Wheres upon, all and fingular the premises being feen, and by the faid Judgment juftices here fully understood, it is considered by the court here, of death, that the faid Peter Hunt be taken to the gaol of the said lord the king of the faid county of Warwick from whence he came, and from thence to the place of execution on Monday now next enfuing, being the ninth day of this inftant Auguft, and there be and diffec. hanged by the neck until he be dead; and that afterwards his body be diffected and anatomized.
3. 2. Conviction of Manflaughter.
upon their oath fay, that the faid Peter Hunt is not. not guilty of guilty of the murder aforefaid, above charged upon him; but that murder; the faid Peter Hunt is guilty of the felonious flaying of the aforeguilty of faid Samuel Collins; and that he had not nor hath any goods or chattels, lands or tenements, at the time of the felony and man flaughter aforefaid, or ever afterwards to this time, to the knowlege of the faid jurors. And immediately it is demanded of the faid Peter Hunt, if he hath or knoweth any thing to fay, wherefore the faid juftices here ought not upon the premifes and verdict aforefaid to proceed to judgment and execution against him: who faith that he is a clerk, and prayeth the benefit of clergy to Clergy be allowed him in this behalf. thereupon, all and fingular prayed. Judgment to the premises being feen, and by the faid juftices here fully unbe burned in. derftood, it is considered by the court here, that the said Peter Hunt be burned in his left hand, and delivered. And immediately he is burned in his left hand, and is delivered, according to the form of the ftatute.
§. 3. Entry
3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iffue; and Rule of Court for Execution
Michaelmas term, in the fixth year of the reign of king
Kent; The King
The prisoner at the bar being brought into this court in cuftody of the sheriff of the county of Suffex, by virtue of his majefty's writ of habeas corpus, it is ordered that the faid Habeas corwrit and the return thereto be filed. And it appearing by apus. certain record of attainder, which hath been removed into this attainder court by his majesty's writ of certiorari, that the prifoner at read; the bar ftands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and the faid prifoner for felony at the bar having heard the record of the faid attainder now and robbery. read to him, is now afked by the court here, what he hath Prifoner asked what to fay for himself, why the Court here fhould not proceed to he can fay in award execution against him upon the faid attainder. He for bar of exeplea faith, that he is not the fame Thomas Rogers in the faid cution. record of attainder, named, and against whom judgment was Plea; not pronounced: and this he is ready to verify and prove, &c. the fame To which faid plea the honourable Charles Yorke, efquire, perfon. attorney-general of our prefent fovereign lord the king, who for our faid lord the king in this behalf profecuteth, being now prefent here in court, and having heard what the faid prisoner at the bar hath now alleged, for our faid lord the king by way averring of reply faith, that the faid prifoner now here at the bar is the that he is. fame Thomas Rogers in the faid record of attainder named, and against whom judgment was pronounced as aforefaid; and this he prayeth may be inquired into by the country; and the faid Iffue joined prifoner at the bar doth the like: Therefore let a jury in this Venire abehalf immediately come here into court, by whom the truth of warded inthe matter will be the better known, and who have no affinity fanter. to the faid prifoner, to try upon their oath, whether the faid prifoner at the bar be the fame Thomas Rogers in the faid record of attainder named, and against whom judgment was fo pronounced as aforefaid, or not: because as well the faid Charles Yorke, efquire, attorney-general of our faid lord the king, who for our faid lord the king in this behalf profecutes, as the faid prifoner at the bar, have put themselves in this behalf upon the faid jury. And immediately thereupon the faid jury come Jury here into court; and being elected, tried, and fworn to fpeak the truth touching and concerning the premises aforefaid, and having heard the faid record read to them, de fay upon their
Verdi&; that he is the fame
oath, that the faid prifoner at the bar is the fame Thomas Rogers in the faid record of attainder named, and against whom judgment was fo pronounced as aforefaid, in manner and form as the faid attorney-general hath by his faid replication to the faid plea of the faid prifoner now here at the bar alleged. And hereupon the faid attorney-general on behalf of our faid lord the king now prayeth, that the court here would proceed to award execution against him the faid Thomas Rogers upon the Award of faid attainder. Whereupon, all and fingular the premifes being now seen and fully understood by the court here, it is ordered by the court here, that execution be done upon the faid prifoner at the bar for the faid felony in pursuance of the faid judgment, according to due form of law: and it is laftly ordered, that he the faid Thomas Rogers, the prifoner at the bar, be now committed to the custody of the fheriff of the county of Kent (now alfo prefent here in court) for the purpofe aforefaid; and that the faid fheriff of Kent do execution upon the faid defendant the prifoner at the bar for the faid felony, in pursuance of the faid judgment, according to due form of law. On the motion of Mr. Attorney General.
By the Court,
§. 4. Warrant of Execution on Judgment of Death, at the general Gaol delivery in London and Middlesex.
London and Middlefex.
To the fheriffs of the city of London; and to the fheriff of the county of Middlefex: and to the keeper of his majefty's gaol of Newgate.
Whereas at the feffion of gaol delivery of Newgate, for the city of London and county of Middlefex, 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 fentence of death for the respective offences in their feveral indictments mentioned; Now it is hereby ordered, that execution of the faid fentence be made and done upon them the faid Patrick Mahony and Roger Jones, on Wednesday the ninth day of this inftant month of November at the ufual place of execution. And it is his majesty's command, that execution of the faid fentence upon them the faid Charles King and Mary Smith be refpited, until his majetty's pleafure touching them be farther known.
Given under my hand and feal this fourth day
of November, one thoufand feven hundred and fixty-eight.
James Eyre, Recorder. L. S.
§. 5. Writ of Execution ubon a Judgment of Murder, before the King in Parliament.
GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo 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 prefent parliament; and the faid Lawrence earl Ferrers, vifcount Tamworth, hath been thereupon arraigned, and upon fuch arraignment hath pleaded not guilty; and the faid Lawrence earl Ferrers, viscount Tamworth, hath before us in our faid parliament been tried, and in due form of law convicted thereof; and whereas judgment hath been given in our faid parliament, that the faid Lawrence earl Ferrers, viscount Tamworth, fhall be hanged by the neck till he is dead, and that his body be diffected and anatomized, the execution of which judgment yet remaineth to be done: We require, and by thefe prefents ftrictly command you, that upon Monday the fifth day of May inftant, between the hours of nine in the morning and one in the afternoon of the fame day, him the faid 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 cuftody you then and there receive: and him, in your cuftody fo being, you forthwith convey to the accustomed place of execution at Tyburn and that you do cause execution to be done upon the faid Lawrence earl Ferrers, viscount Tamworth, in your cuftody fo being, in all things according to the faid judgment. And this you are by no means to omit, at your peril. Witnels ourfelf at Westminster the second day of May, in the thirtythird year of our reign.
Yorke and Yorke.