tion. aforesaid, inmanner 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 Award of execu 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. SECT. 4. WARRANT OF EXECUTION ON JUDGMENT OF DEATH, AT London and Middlesex. TO the sheriffs of the city of London; and to the sheriff 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 Mahoney, 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 further known. GIVEN under my hand and seal this fourth JAMES LYRE, Recorder. (L. S.) SECT. 5. WRIT OF EXECUTION UPON A JUDGMENT OF MURDER, GEORGE the second by the grace of God of Great Britain, France, aud Ireland, king, defender of the faith, and so forth; to the sheriff's 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 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 : WE 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. WITNESS ourself at Westminster the second day of May, in the thirty-third year of our reign. YORKE and YORKE INDEX. The Roman numerals denote the volumes; the ciphers the pages of the Commen- A. ABATEMENT of freehold, iii. 168. writ, count, or suit, iii. 302. Abbey-lands, ii. 32 and n. iv. 115. Accomplices, discovery of, iv. 330, 331, Accord, iii. 15. Account, action of, iii. 163 books, when evidence, iii. 368. Accroaching royal power, iv. 76. molesting their possessors, iv. Accumulation, ii. 174, n. Abeyance, ii. 107, 168, n. Abjuration, oath of, i. 162, 180, n. 368. property, ii. 389. rights and duties, i. 123. Abstract of a fine, ii. 351; Ap. xv. Acceptance of bills, ii. 468. after the fact, iv. 37 and n. Ac etiam, iii. 288; Ap. xxiii. grace, how passed, i. 184. its ancient form, i. 182. private, i. 86. ii. 344. when binding on the crown, Action at law, iii. 116. chose in, ii. 397. ex contractu, iii. 117. delicto, iii. 117. feodal, iii. 117. Actual right of possession, ii. 196. 334 and n. Adherence to the king's enemies, iv. 82, Adjoining county, trial in, iii. 383. Admeasurement of pasture, iii. 238. cum testamento annexo, ii. 504. minore ætate, ii. 503. Administrator, ii. 496. iii. 307, n. 428. Alien priories, i. 386. iv. 113. duty, i. 315, 317, 372, 374. Alimony, i. 441. iii. 94. iv. Allegation, iii. 100. Admiralty causes, i. 231. iii. 106. Admission of a clerk, i. 390. to copyholds, ii. 370. Adultery, i. 441. iii. 139. iv. 64, 65, natural, i. 369. oath of, i. 162, n. 367. iv. 273. pardons, iv. 401, 402 and n. killing them, iv. 86. violation of their privileges, iv. Amended bill in equity, iii. 448. Alfred, his Dome-book, i. 64, 66, 114. Antient demesne, i. 286. iv. 411. Alias writ, iii. 283; Ap. xix. iv. 319. Alienation, ii. 174, n. 287. fine for, ii. 71. iv. 418. 301. Apostacy, iv. 43. Apparel, excess in, iv. 171. ii. 99. iii. right of possession, ii. 196. i. of arson, iv. 314 and 317, n. Appearance to actions, iii. 287, 290. Appellee on approvement, iv. 330. common, ii. 233. Arraignment, iv. 322 and n.; Ap. iii. commission of, i. 411. Arrest of judgment, iii. 393. iv. 375 persons, iii. 287. iv. 289 and notes. seamen and soldiers, i. 421. Arson, iv. 220, 372. et seq. appeal of, iv. 314 and 317, n. |