APPENDIX.



§. 1. RECORD of an Indictment and Conviction of MURDER, at the Affifes.


BE it remembered, that at the general feffion of the lord the king of oyer and terminer holden at Warwick, in and for the faid county of Warwick, on Friday the twelfth day of March in the fecond year of the reign of the lord George the third, now king of Great Britain, before fir Michael Fofter, knight, one of the juftices of the faid lord the king affigned to hold pleas before the king himfelf, fir Edward Clive, knight, one of the juftices of the faid lord the king of his court of common bench, and others their fellows, juftices of the faid lord the king, affigned by letters patent of the faid lord the king, under his great feal of Great Britain, made to them the aforefaid juftices and others, and any two or more of them, whereof one of them the faid fir Michael Fofter and fir Edward Clive, the faid lord the king would have to be one, to enquire (by the oath of good and lawful men of the county aforefaid, by whom the truth of the matter might be the better known, and by other ways, methods, and means, whereby they could or might the better know, as well within liberties as without) more fully the truth of all treafons, mifprifions of treafons, infurrections, rebellions, counterfeitings, clippings, wafhings, falfe coinings, and other falfities of the monies of Great Britain, and of other kingdoms or dominions whatfoever; and of all murders, felonies, manflaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, unlawful affemblies, mifprifions, confederacies, falfe allegations, trefpaffes, riots, routs, retentions, efcapes, contempts, falfities, negligences, concealments, maintenances, oppreffions, champarties,
deceits,
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deceits, and all other mifdeeds, offences, and injuries whatfoever, and alfo the acceffories of the fame, within the county aforefaid, as well within liberties as without, by whomfoever and howfoever done, had, perpetrated, and committed, and by whom, to whom, when, how, and in what manner; and of all other articles and circumftances in the faid letters patent of the faid lord the king fpecified, the premifes and every or any of them howfoever concerning; and for this time to hear and determine the faid treafons and other the premifes, according to the law and cuftom of the realm of England; and alfo keepers of the peace, and juftice of the faid lord the king, affigned to hear and determine divers felonies, trefpaffes, and other mifdemefnors committed within the county aforefaid: by the oath of fir James Thompfon, baronet, Charles Roper, Henry Dawes, Peter Wilfon, Samuel Rogers, John Dawfon, James, Philips, John Mayo, Richard Savage, William Bell, James Morris, Laurence Hall, and Charles Carter, efquires, good and lawful men of the county aforefaid, then and there impaneled, fworn, and charged to enquire for the faid lord the king and for the body of the faid county, it is prefented, that Peter Hunt, late of the parifh of Lighthorne in the faid county, gentleman, not having the fear of God before his eyes, but being moved and feduced by the inftigation of the devil, on the fifth, day of March in the faid fecond year of the reign of the faid lord the king, at the parifh of Lighthorne aforefaid, with force and arms, in and upon one Samuel Collins, in the peace of God and of the faid lord the king then and there being, felonioufly, willfully, and of his malice aforethought, did make an affault; and that the faid Peter Hunt with a certain drawn fword, made of iron and fteel, of the value of five fhillings, which he the faid Peter Hunt in his right hand then and there had and held, him the faid Samuel Collins in and upon the left fide of the belly of him the faid Samuel Collins then and there felonioufly, willfully, and of his malice aforethought, did ftrike, thruft, ftab, and penetrate; giving unto the faid Samuel Collins, then and there, with the fword drawn as aforefaid, in and upon the left fide of the belly of him the faid Samuel Collins, one mortal wound of the breadth of one inch, and the depth of nine inches; of which faid mortal wound he the faid Samuel Collins, at the parifh of Lighthorne aforefaid in the faid county of Warwick, from the faid fifth day of March in the year aforefaid until the feventh day of the fame month in the fame year, did languifh, and languifhing did live; on which faid feventh day of March, in the year aforefaid, the faid Samuel Collins, at the parifh of Lighthorne aforefaid in the county aforefaid, of the faid mortal wound did die: and fo the jurors aforefaid, upon their oath aforefaid, do fay, that the faid Peter Hunt him the faid Samuel Collins, in manner and form aforefaid, felonioufly, willfully, and of his malice aforethought, did kill and murder, againft the peace of the faid
lord
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APPENDIX.


lord the now king, his crown, and dignity. Whereupon the fheriff of the county aforefaid is commanded, that he omit not for any liberty in his bailiwick, but that he take the faid Peter Hunt, if he may be found in his bailiwick, and him fafely keep, to anfwer to the felony and murder whereof he ftands indicted. Which faid indictment the faid juftices of the lord the king abovenamed, afterwards, to wit, at the delivery of the gaol of the faid lord the king, holden at Warwick in and for the county aforefaid, on Friday the fixth day of Auguft, in the faid fecond year of the reign of the faid lord the king, before the right honourable William lord Mansfield, chief juftice of the faid lord the king affigned to hold pleas before the king himfelf, fir Sidney Stafford Smythe, knight, one of the barons of the faid lord the king, and others their fellows, juftices of the faid lord the king, affigned to deliver his faid gaol of the county aforefaid of the prifoners therein being, by their proper hands do deliver here in court of record in form of law to be determined. And afterwards, to wit, at the fame delivery of the gaol of the faid lord the king of his county aforefaid, on the faid Friday the fixth day of Auguft, in the faid fecond year of the reign of the faid lord the king, before the faid juftices of the lord the king laft above-named and others their fellows aforefaid, here cometh the faid Peter Hunt, under the cuftody of William Browne, efquire, fheriff of the county aforefaid, (in whofe cuftody in the gaol of the county aforefaid, for the caufe aforefaid, he had been before committed) being brought to the bar here in his proper perfon by the faid fheriff, to whom he is here alfo committed; and forthwith being demanded concerning the premifes in the faid indictment above fpecified and charged upon him, how he will acquit himfelf thereof, he faith, that he is not guilt thereof; and thereof for good and evil he puts himfelf upon the country: and John Blencowe, efquire, clerk of the affifes for the county aforefaid, who profecutes for the faid lord the king in this behalf, doth the like: Therefore let a jury thereupon here immediately come before the faid juftices of the lord the king laft abovementioned, and others their fellows aforefaid, of free and lawful men of the neighbourhood of the faid parifh of Lighthorne in the county of Warwick aforefaid, by whom the truth of the matter may be the better known, and who are not of kin to the faid Peter Hunt, to recognize upon their oath, whether the faid Peter Hunt be guilty of the felony and murder in the indictment aforefaid above fpecified, or not guilty: becaufe as well the faid John Blencowe, who profecutes for the faid lord the king in this behalf, as the faid Peter Hunt, have put themfelves upon the faid jury. And the jurors of the faid jury by the faid fheriff for this purpofe impaneled and returned, to wit, David Williams, John Smith, Thomas Horne, Charles Nokes, Richard May, Walter Duke, Matthew Lyon, James White, William Bates, Oliver Green, Bartholomew Nafh, and
Henry
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APPENDIX.

Henry Long, being called, come; who being elected, tried, and fworn, to fpeak the truth of an concerning the premifes, upon their oath fay, that the faid Peter Hunt is guilty of the felony and murder aforefaid, on him above charged in the form aforefaid, as by the indictment aforefaid is above fuppofed againft him; and that the faid Peter Hunt at the time of committing the faid felony and murder, or at any time fince to this time, had not nor hath any goods or chattels, lands or tenements, in the faid county of Warwick, or elfewhere, to the knowlege of the faid jurors. And upon this it is forthwith 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 executions him: who nothing farther faith, unlefs as he before had faid. Whereupon, all and fingular the premifes being feen, and by the faid juftices here fully underftood, it is confidered by the court here, that the faid Peter Hunt betaken to the gaol of the faid lord the king of the faid county of Warwick from whence he came, and from thence to the place of execution on Monday now next enfuing, being the ninth day of this inftant Auguft, and there be hanged by the neck until he be dead; and that afterwards his body be diffected and anatomized.

§. 2. Conviction of Manflaughter.

________ upon their oath fay, that the faid Peter Hunt is not guilty of the murder aforefaid, above charged upon him; but that the faid Peter Hunt is guilty of the felonious flaying 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 knowlege of the faid 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 againft 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 premifes being feen, and by the faid juftices here fully underftood, it is confidered by the court here, that the faid 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 ftatute.
§. 3. Entry
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APPENDIX.

§. 3. Entry 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 the third.

			The prifoner at the bar being brought into
			this court in cuftody of the fheriff of the county

Thomas Rogers. 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 certain record of attainder, which hath been removed into this court by his majefty's writ of certiorari, that the prifoner 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 record of the faid attainder now read to him, is now afked by the court here, what he hath to fay for himfelf, why te court here fhould not proceed to award execution againft him upon the faid attainder. He for plea faith, that he is not the fame Thomas Rogers in the faid record of attainder named, and againft whom judgment was pronounced: and this he is ready to verify and prove, &c. To which faid plea the honourable Charles Yorke, efquire, attorney general fo 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 Thomas Rogers in the faid record of attainder named, and againft whom judgment was pronounced as aforefaid: and this he prayeth may be enquired into by the country; and the faid prifoner at the bar doth the like: Therefore let a jury in this behalf immediately come here into court, by whom 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 againft 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 themfelves in this behalf upon the faid jury. And immediately thereupon the faid jury come here into court; and being elected, tried, and fworn to fpeak 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 attainder named, and againft whom

VOL. IV.

H h h

judgment

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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 againft him the faid Thomas Rogers upon the faid attainder. Whereupon, all and fingular the premifes being now feen and fully underftood 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 purfuance 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 fheriff of the county of Kent (now alfo prefent here in court) for the purpofe aforefaid; and that the faid fheriff of Kent do execution upon the faid defendant the prifoner 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 Gaoldelivery
in London and Middlefex.


To the fheriffs of the city of London; and to the fheriff of the county of Middlefex: and to the keeper of his Middlefex. 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 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 refpective offences in their feveral indictments mentioned; how it is hereby ordered, that execution of the faid fentence be made and done upon them the faid Patrick Mahony and Roger Jones, on Wednefday 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 refpited, until his majefty's pleafure touching them be farther known.

Given under my hand and feal this fourth day of November, one thoufand feven hundred and fixty eight.

		James Eyre, Recorder. L. S.
			§. 5. Writ.

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APPENDIX.

§. 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, defen der of the faith, and fo forth; to the fheriffs of London and fheriff of Middlefex, greeting. Whereas Lawrence earl Ferrers, vifcount 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, vifcount Tamworth, hath been thereupon arraigned, and upon fuch arraignment hath pleaded not guilty; and the faid Lawrence earl Ferrers, vifcount 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 fair Lawrence earl Ferrers, vifcount 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 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, vifcount 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 accuftomed place of execution at Tyburn: and that you do caufe 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. Witnefs ourfelf at Weftminfter the fecond day of May, in the thirty third year of our reign.
Yorke and Yorke.

T H E E N D.
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