§. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iffue; and Rule of Court for Execution thereon. Michaelmas term, in the fixth year of the reign of king George Kent: The King against the third. THE PRISONER at the bar being brought into this court in cuftody' of the sheriff of Habeas corpus. the county of Suffex, by virtue of his majefty's writ of habeas corpus, IT IS ORDERED that the faid writ and the return thereto be filed. AND it appearing by a cer Thomas Rogers. tain record of attainder, which hath been removed into this court Record of attainby his majesty's writ of certiorari, that the prifoner at the bar der read; ftands attainted, by the name of Thomas Rogers, of felony for a for felony and robbery on the highway, and the faid prifoner at the bar having robbery. heard the record of the faid attainder now read to him, is now Prisoner afked afked by the court here, what he hath to fay for himself, why the what he can fay court here fhould not proceed to award execution against him up- tion. on the faid attainder. HE for plea faith, that he is not the fame plea; not the Thomas Rogers in the faid record of attainder named, and against fame perfon. whom judgment was pronounced: and this he is ready to verify in bar of execu and prove, &c. TO which faid plea the honourable Charles Yorke, Replication. efquire, 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 prifoner at the bar hath now alleged, for our faid lord the king by way of reply faith, that the faid prifoner now here at the bar is the fame Tho- averring that he mas Rogers in the faid record of attainder named, and against is. whom judgment was pronounced as aforefaid; and this he prayeth Iffue joined. may be enquired into by the country; and the faid prifoner at the bar doth the like: THEREFORE let a jury in this behalf immedi- Venire awarded. ately come here into court, by whom the truth of the matter will inftanter. be the better known, and who have no affinity 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: becaufe 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 imme- Jury swore. diately thereupon the faid jury come here into court; and being elected, tried, and fworn to speak the truth touching and concerning the premifes aforefaid, and having heard the faid record read to them, do fay upon their oath, that the faid prifoner at the bar is the fame Thomas Rogers in the faid record of at- Verdict that he tainder named, and against whom judgment was fo pronounced is the fame. cution. 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 Award of exe- faid Thomas Rogers upon the faid attainder. WHEREUPON, all and fingular the premises being now feen 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 said 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 theriff of the county of Kent (now also present here in court) for the purpose aforefaid; and that the faid fheriff of Kent do execution upon the faid defendant the pritoner at the bar for the faid felony, in purfuance 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 Middlefex, London and To the sheriffs of the city of London; and to the fheriff of the county of Middlefex: and to the Middlesex. 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 laft, 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 said sentence 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 majefty's command, that execution of the said sentence upon them the faid Charles King and Mary Smith be refpited, until his majefty's pleasure touching them be farther known. GIVEN under my hand and feal this fourth day of November, one thousand feven hundred and fixty eight. James Eyre, Recorder. L. S. §. 5. Writ §. 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 fo forth; to the fheriffs of London and fheriff of Middlefex, greeting. WHEREAS Lawrence earl Ferrers, viscount Tamworth, hath been indicted of felony and murder by him done and committed, which faid indictment hath been certified before us in our prefent parliament; and the faid Lawrence earl Ferrers, viscount 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, shall 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, vifcount 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. WITNESS ourself at Westminster the second day of May, in the thirty third year of our reign. Yorke and Yorke. THE EN D. |