Jury

sworn.

Verdict ; that he is the same.

Award of execution.

said or not; because as well the said Charles Yorke, esquire, attorney-general of our said lord the king, who for our said lord the king in this behalf prosecutes, as the said prisoner at the bar, have put themselves in this behalf upon the said jury. And immediately thereupon the said jury come here into court; and being elected, tried, and sworn to speak the truth touching and concerning the premises aforesaid, and having heard the said record read to them, do say upon their oath, that the said prisoner at the bar is the same Thomas Rogers in the said record of attainder named, and against whom judgment was so pronounced as aforesaid, in manner and form 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 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.

§ 4. Warrant of Execution on Judgment of Death, at the general Gaol-delivery in London and Middlesex.

London and 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 farther known.

Given under my hand and seal this fourth day of November, one thousand seven hundred and sixty-eight.

James Eyre, Recorder. LS..

§ 5. Writ of Execution upon a Judgment of Murder, before the King in Parliament.

SEDKSE 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.

hereas 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, hath before us in our said parliament been tried, and in due form of law 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: e 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. Mimess ourself at Westminster the second day of May, in the thirty-third year of our reign.

Yorke and Yarke.

INDEX.

The large numerals denote the volumes; the ciphers the pages of the
commentaries; the small numerals the pages of the Appendix; the
notes of the editor are printed in Italics.