§. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral fue; and Rule of Court for Execution thereon. Michaelmas term, in the fixth year of the reign of king George Kent: The King against Thomas Rogers. the third. The prisoner at the bar being brought into in bar of execu this court in cuftody of the sheriff of the county Habeas corpus, of Suffex, by virtue of his majesty's writ of babeas corpus, it is ordered that the faid writ and the return thereto be filed. And it appearing by a certain record of attainder, which hath been re- Record of attainmoved into this court by his majesty's writ of certiorari, that the pri- der read; foner at the bar ftands attainted, by the name of Thomas Rogers, of fe- for felony and lony for a robbery on the highway, and the faid prifoner at the bar robbery. having heard the record of the faid attainder now read to him, is now Prifoner afked afked by the court here, what he hath to fay for himself, why the what he can fay court here should not proceed to award execution against him upon the tions faid attainder. He for plea faith, that he is not the fame Thomas Rogers Plea; not the in the faid record of attainder named, and against whom judgment was fame perfon pronounced: and this he is ready to verify and prove, &c. To which Replication, faid plea the honourable Charles Yorke, efquire, attorney general of our present fovereign lord the king, who for our faid lord the king in this behalf prosecuteth, 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 averring that he the fame Thomas Rogers in the faid record of attainder named, and against whom judgment was pronounced as aforefaid: and this he Iffue joined. prayeth may be enquired into by the country; and the faid prifoner at is, the bar doth the like: Therefore let a jury in this behalf immediately venire awarded come here into court, by whom the truth of the matter will be the bet-infanter. ter known, and who have no affinity to the said 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 so 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 said prifoner at the bar, have put themselves in this behalf upon the faid jury. And Jury fworn. immediately thereupon the faid jury come 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, do fay upon their oath, that the faid prifoner at the bar is the fame Tho- Verdict; that he mas Rogers in the faid record of attainder named, and against whom is the fame. VOL. IV. Hhh judgment tion. 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 ThoAward of execu-mas 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 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 cuftody of the theriff of the county of Kent (now alfo prefent here in court) for the purpose aforefaid; and that the faid fheriff of Kent do execution upon the faid defendant the prisoner at the bar for the faid felony, in pursuance of the faid judgment, according to due form of law. 3 On the motion of Mr. Attorney General. By the Court. §. 4. Warrant of Execution on Judgment of Death, at the general Gaol London and delivery in London and Middlesex. To the sheriffs of the city of London; and to the sheriff of the county of Middlefex: and to the keeper of his Middlesex. majesty's gaol of Newgate. } Whereas at the feffion of gaol delivery of Newgate, for the city of London and county of Middlesex, holden at Juftice 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 several indictments mentioned; Now it is hereby ozdered, 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 faid fentence upon them the faid Charles King and Mary Smith be respited, until his majesty's pleasure touching them be farther known. Given under my hand and feal this fourth day of eight. James Eyre, Recorder. L. S. §. 5. Writ $. §. 5. Writ of Execution upon 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 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 present 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, 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 these presents 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 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 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 custody fo being, in all things according to the faid judgment. And this you are by no means to omit, at your peril. Witnefs ourself at Westminster the fecond day of May, in the thirty third year of our reign. Yorke and Yorke. THE END. LAYINIME MUANCHEN, |