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Court in Ire.

ceedings aforesaid on the said former writ of error, nor in the rendition of the said judgment of reversal of the judgment on the indictment aforesaid, there is any error, and that that record is in nothing vitious or defective in law. It is considered by the same court of parliament now here, that the said judgment of reversal of the judgment aforesaid, be in all things affirmed and remain in its full force and effect, the said causes and matters above for error assigned in anywise notwithstanding; which said record and proceedings before the said lord the king, and the peers of this kingdom of England, so had by the same court of parliament before the said lord the king into the court of the said king before the The award of king himself, wheresoever, &c. are remitted. And now at restitution this day, to wit, Monday next, after fifteen days of St. Mar- by the King's tin, in this same term, before the lord the king at the king's land. court, comes the said T. W. in his proper person, and prays that the court of the lord the king here cause to be done what of right shall be to be done according to the command of the writ of mittimus, as is aforesaid directed, and the tenor of the record and proceedings aforesaid being by the court here inspected, and mature deliberation being thereon had, it is Upon which considered that the said T. W. to all things, which he, the writ of error is brought in same T. W. by reason of the judgment and attainder afore- the K. B. in said, hath lost, be restored, &c. and that the writ of the lord England. the king of restitution issue on the tenor of the record aforesaid, &c. afterwards, to wit, Tuesday next, after three weeks of the Holy Trinity, in this same term, before the lord the king at Westminster comes the said Isabel Dillon, widow, countess of Roscommon, late wife of Wentworth Dillon, late earl of Roscommon, in the kingdom of Ireland, Errors as by W. B. her attorney, and says, that in the record and pro- signed. ceedings aforesaid, as also in the rendition of the judgment* [* 442] for the restitution, there is manifest error, to wit, in this, that the writ of mittimus aforesaid, gave no warrant, power, or authority to the said court of the lord the king before the king himself, at the king's court, to issue the writ of restitution aforesaid. There is error also in this, that no such judgment for restitution, as by the said court of the lord the king before the king himself, at the king's court aforesaid is given, ought by the law to be given, and so that judgment for restitution as aforesaid given is void in law and erroneous; wherefore she prays the judgment of the court here in the premises, and that that judgment for the restitution aforesaid for the errors aforesaid, and others in the record and proceedings found may be reversed, annulled, and held as void; and that she, the said Isabel Dillon, to all things which she, the said I. by reason of the judgment of restitution has lost, may be restored; and that the court here may proceed to the examination as well of the record and proceedings aforesaid, as of the matters above for errors assigned, &c. Thos. Carthew.

420

[* 443]

CHAPTER* XIX.

OF REPRIEVES, PARDONS, PLEAS OF NON
IDENTITY, &c.

Call to wo man after

AFTER judgment, if the prisoner be a woman, she is set to the bar, and the clerk says to her:-" C. D. hold up your judgment of hand, you stand attainted of felony, what can you say for capital of fence. (a) yourself in stay of the execution of the judgment which has been given against you?"

Oath of fore

You, as forematron of this jury, shall swear that you will matron to search and try the prisoner at the bar whether she be with try pregnan- child of a quick child, and thereof a true verdict give accy of prison. er. (b) cording to your skill and understanding. So help you God. Oath to the The same oath your forematron hath taken on her part you rest of Jury shall well and truly observe and keep on your part. So help you God.

of matrons.

(c)

The like in another

You shall diligently search and try whether C. D. the prisoner at the bar, be with quick child or not with quick form. (d) child, and a true verdict give according to the best of your [444] skill and knowledge. So help you God.

Officer's

oath to keep

You shall well and truly keep this jury of matrons without the jury of meat, drink, fire, or candle, you shall not suffer any person matrons. (e) but the prisoner to speak to them, nor you yourself, unless it

(a) From Mr. Nicholl's MS. Ante 1 vol. 759, 760.

(b) Cro. C. C. 484, see in Scotch court 10 Harg. St. Tr. 519. Ante 1 vol. 760.

(c) Cro. C. C. 484. vol. 760.

Ante 1

(d) From Mr. Nicholl's MS. See ante 1 vol. 760. (e) See ante 1 vol. 760.

be to ask them whether they are agreed of their verdict or not agreed, without license of the court. So help you God.

dict that

prisoner is

When the jury of matrons are returned, the clerk calls Manner of over their names and asks them if they are agreed upon their giving ververdict. If they say "Yes," the clerk asks them, "Who shall say for you?" they answer," Forewoman." The pri- pregnant soner is then set to the bar, and the clerk says, "Hold up with a quick child (ƒ) your hand," and says to the jury," Look upon the prisoner, how say you, is C. D. with quick child or not?" If they say "Yes," the clerk continues, "Then say you of the jury of matrons, hearken to the verdict as the court hath recorded it, you say that C. D. is pregnant with quick child, and so say you all."

You shall well and truly try the prisoner at the bar whe- Oath to jury ther he was of sound mind or not at the time of the felony to try whe ther prisoner committed, and a true verdict thereupon give according to is insane. (g) the evidence. So help you God.

warrant to

London and Middlesex. To the sheriffs of the city of Lon- Recorder of don, and to the sheriff of the county of Middlesex, and London's to the keeper of his majesty's gaol of Newgate. respite exe. Whereas at the session of gaol delivery of Newgate, for cution, on a the city of London and county of Middlesex, holden at jus- conviction at tice hall in the Old Bailey, on the nineteenth day of October the general last, Patrick Mahony, Roger Jones, Charles King, and Mary in London gaol delivery Smith, received sentence of death for the respective offences and Middle. in their several indictments mentioned; now it is hereby or- sex. (h) dered 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 [* 445] majesty's pleasure touching them be farther known.

Given under my hand and seal this fourth day of Novem

ber, one thousand seven hundred and sixty-eight.

James Eyre, recorder, (L.S.)

To the sheriff of the town of Nottingham and county of the Respite of same town, or their under sheriff, and also to the keeper execution. of the goal of the said town and county of the same town, or to whom else it may concern.

Let the execution of Richard Porter, who was attainted at the last assizes held in and for the town of Nottingham and county of the same town, of Friday, the 20th day of March, instant, for burglariously breaking and entering the dwelling

(f) From Mr. Nicholl's MS. Ante 1 vol. 760.

(g) Cro. C. C. 484. Ante 1 vol. 761.

(h) 4 Bla. Com. App. VI.

Ante 1 vol. 759.

(i) Ante 1 vol. Chap. 19, per totum. This form is from Mr. Nicholl's MS.

(i)

circumstan

house of Isaac Wylde, and stealing goods therein, be respited until his majesty's pleasure be further known. Dated this 21st day of March, 1789.

To the king's most excellent majesty. Certificate of These are most humbly to certify your majesty, that at the judge recommending general delivery of the gaol holden at the town of Nottingdefendant to ham, in and for the town of Nottingham and county of the mercy under same town, on Thursday, the thirtieth day of July last, befavourable fore me, one of your majesty's justices assigned to deliver ces, on con- the said gaol of the prisoners therein being, James Shipley, dition of his outlawed for felony, being brought to the bar, and the record finding sure of outlawry produced and read, the prisoner prayed benefit of clergy, which being allowed to him, he was ordered to be transporting himself, &c. transported beyond the seas for the term of seven years. But (k) some favourable circumstances having since appeared in his case, and he being willing and desirous of transporting himself out of your majesty's dominions upon giving security for that purpose, I do hereby humbly recommend him as a fit object of your majesty's royal mercy, upon condition of his finding sureties, himself in- -7. and his two sureties in

ties for

[* 446] Certificate recommend.

1. each, to be taken before one of your majesty's justices of the peace acting in and for the said town and county of the same town, for his effectual transporting himself within days thereafter out of your majesty's dominions, and not being found at large therein for the term of seven years, given under my hand this day of

1789.

To the king's most excellent majesty.

I do hereby humbly certify your majesty, that at the geneing to free ral delivery* of the gaol of our lord the king, holden at Derpardon on by, in and for the county of Derby, on Saturday, the 24th condition of day of July instant, before me, one of your majesty's justices entering into his majesty's assigned to deliver the gaol of the said county of Darby marine sep. of the prisoners therein being, John Hallum was convicted vice. (1)

1

of felony in stealing a cow, and received sentence of death for the same; but some favourable circumstances having since appeared in his case, I have caused execution of such sentence to be respited; and he being a young healthy man, and willing and desirous to enter into your majesty's marine service, I do hereby humbly recommend him to your majesty as a fit object of your majesty's royal mercy for a free pardon, upon condition of entering into your majesty's marine service, in the Portsmouth division of marines under the command of major Heathcote, now recruiting at Derby, who is willing to accept of him, or upon such other condition as your majesty shall think more proper. Dated this 27th day of July, 1779, B. H.

(k) 1 Leach, 390. This form is from Mr. Nicholl's MS. 82.

(1) See ante 1 vol. 773. From Mr. Nicholl's forms.

To the king's most excellent majesty.

The like on

casion.

I do hereby most humbly certify your majesty, that at the another oc last assizes for the county of Leicester, Samuel Richardson was convicted before me of grand larceny, for which he was by law liable to a sentence of transportation, but in lieu thereof was ordered and adjudged to be sent and kept to hard labour for the term of three years in raising sand, soil, and gravel from, and cleansing the river Thames; but it having been represented to me that he is a young healthy man, and is willing and desirous of serving your majesty as a marine in your majesty's forces abroad, and Henry Norton Gamble, esq. first lieutenant of the Chatham divisions of marines having solicited and being willing to take him, I do therefore most humbly recommend him as an object for your majesty's pardon, on condition of his enlisting and serving your majesty as a marine in the Chatham division of marines, or on such other condition as your majesty shall think more proper. Dated the 4th day of September, 1789, H. G.

To the king's most excellent majesty.

Certificate

on condition

I do hereby most humbly certify your majesty, that at recommendthe general gaol delivery holden in and for the county of ing to mercy Leicester, on Wednesday, the seventeenth day of March of defen last, before me and others, your majesty's justices assigned dant's enlistto deliver the gaol of the said county of Leicester of the ing as a soldier. (m) prisoners therein being, George Hibbard was convicted and attainted of a robbery on the highway, and your majesty having afterwards been graciously pleased to* [* 447] respite the execution of the sentence of death passed upon him, until your majesty's further pleasure should be made known, and the said George Hibbard, still remaining in gaol under that respite, and it having been represented to me that he has behaved himself in a sober, decent and penitent manner during his confinement, and that he is a young healthy man, and desirous of serving your majesty as a soldier in your majesty's forces abroad, I do therefore most humbly recommend him as an object of your majesty's royal mercy, on condition of his enlisting and serving your majesty in your majesty's forces abroad, or on such other condition as in your majesty's wisdom shall seem meet. Dated this 25th day of Feb. 1780, J. Eyer.

To the king's most excellent majesty.

Certificate that defen. dants were

These are humbly to certify your majesty, that at the last assizes and general session of gaol delivery, holden before convicted on me in and for the city of Coventry and county of the same uncorroboracity, on Saturday the 11th day of August instant, Thomas ted testimo. Weston was tried and convicted for feloniously stealing six complice, gross of worsted yarn of one Samuel Crosby, and at the and that ver

(m) From Mr. Nicholl's MS. 80.

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