No. XI.

not

§. 2. Conviction of Manflaughter.

Verdict; upon their Oath fay, that the faid Peter Hunt is guilty of Murder, not guilty of the Murder aforesaid, above charged upon guilty of Man him; but that the faid Peter Hunt is guilty of the felonious flaughter. Slaying of the aforefaid Samuel Collins; and that he had not nor hath any Goods or Chattels, Lands or Tenements, at the Time of the Felony and Manflaughter aforefaid, or ever afterwards to this Time, to the Knowledge of the said 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 be allowed him in this Behalf. Whereupon, all and fingular the Premises being feen, and by the faid Juftices here fully understood, it is confidered 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 Statute.

Clergy prayed.

Judgment to be

burned in the hand, and deLivered.

Habeas Corpus.

§. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iue; and Rule of Court for Execution thereon.

Michaelmas Term, in the fixth Year of the Reign of King
George the third.

Kent; The King)

The prisoner at the Bar being brought against into this Court in Cuftody of the SheThomas Rogers. riff of the County of Suffex, by Virtue of his Majesty's Writ of habeas corpus, it is ordered that the faid Writ and the Return thereto be filed. And it appearRecord of Attain- ing by a certain Record of Attainder, which hath been reder read; moved into this Court by his Majesty's Writ of certiorari,

that

No. XI.

that the Prisoner at the Bar ftands attainted, by the Name of Thomas Rogers, of Felony for a Robbery on the Highway, and the faid Prifoner at the Bar having heard the Re- for Felony and cord of the faid Attainder now read to him, is now asked Robbery.

in Bar of Execu

by the Court here, what he hath to say for himself, why Prifoner asked the Court here fhould not proceed to award Execution what he can fay against him upon the faid Attainder. He for Plea faith, tion. that he is not the fame Thomas Rogers in the faid Record Plea; not the of Attainder named, and against whom Judgment was fame Perfon, pronounced: and this he is ready to verify and prove, &c.

Co which faid Plea the honourable Charles Yorke, Efquire, Replication, 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 said

Lord the King by way of reply faith, that the faid Prifo- averring that he ner now here at the Bar is the fame Thomas Rogers in the is. faid Record of Attainder named, and against whom Judg

ment was pronounced as aforefaid; and this he prayeth Iffue joined. may be enquired into by the Country; and the faid Priso

ner at the Bar doth the like: Therefore let a Jury in Venire awarded this Behalf immediately come here into Court, by whom inftanter. the Truth of the Matter will 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: 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 themfelves in this Behalf upon the faid Jury. And immediate y thereupon the faid Jury fworn. 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 said Record read to them, do fay upon their Oath, that the faid Prisoner at

the Bar is the fame Thomas Rogers in the faid Record of Verdict; that he Attainder named, and against whom Judgment was fo is the fame. pronounced as afore aid, in Manner and Form as the said Attorney General hath by his faid Replication to the faid Plea of the faid Pritoner now here at the Bar alleged. D hereupon the said Attorney General on Behalf of our faid Lord the King now prayeth, that the Court here would

P 2

proceed

tion.

No. XI. proceed to award Execution against him the faid Thomas Rogers upon the faid Attainder. Whereupon, all and finAward of Execu- gular 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 Prisoner at the Bar for the faid Felony in purfuance of the faid Judgment, according to due Form of Law: and it is latly ordered, that he the faid Thomas Rogers, the Prifoner at the Bar, be now committed to the Cuftody of the Sheriff of the County of Kent (now alfo prefent here in Court) for the purpose aforefaid; and that the said Sheriff of Kent do Execution upon the faid Defendant the Prisoner 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 Middlesex.

London

and Middlefex.

To the Sheriffs of the City of London; and to the Sheriff of the County of Middlefex: and to the Keeper of his Majefty's Gaol of Newgate.

Whereas at the Seffion of Gaol Delivery of Newgate, for the City of London and County of Middlefex, holden at Fuftice Hall in the Old Bailey, on the nineteenth Day of October laft, Patrick Mabony, Roger Jones, Charles King, and Mary Smith, received Sentence of Death for the refpective Offences in their Several Indictments mentioned; Now it is hereby ordered, that Execution of the faid 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 usual Place of Execution. And it is his Majefty's Command, that Execution of the said Sentence upon them the faid Charles King

and

and Mary Smith be refpited, until his Majefty's Pleasure No. XI. touching them be farther known.

5.5. 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 Middlesex, greeting. hercas 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 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 Neek till he is dead, and that his Body be diffected and anatomized, the Execution of which Judgment yet remaineth to to be done: De 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)

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No. XI. manded) 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. Witnefs Ourfelf at Westminster the fecond Day of May, in the thirty third Year of our Reign. Yorke and Yorke.

AN