Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/453

Rh §. 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 ixth year of the reign of king George the third. Kent: The King againt Thomas Rogers The prioitev at the bar being brought into this court in cutody of the heriff of the county of Suex, by virtue of his majety's writ of habeas corpus, it that the aid 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 majety's writ of certiorari, that the prioner at the bar tands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and the aid prioner at the bar having heard the record of the aid attainder now read to him, is now Prioner aked by the court here, what he hath to ay for himelf, why the court here mould not proceed to award execution againt him upon the aid attainder, He for plea faith, that he is not the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was ame pronounced: and this he is ready to verify and prove, &c. To which aid plea the honourable Charles Yorke, equire, attorney general of our preent overeign lord the king, who for our aid lord the king in this behalf proecuteth, being now preent here in court, and having heard what the aid prioner at the bar hath now alleged, for our aid lord the king by way of reply faith, that the aid prioner now here at the bar is the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was pronounced as aforeaid; prayeth may be enquired into by the country; and the aid prioner 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 aid prioner, to try upon their oath, whether the aid prioner at the bar be the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was o pronounced as aforeaid, or not: becaue as well the aid Charles Yorke, equire, attorney general of our aid lord the king, who for our aid lord the king in this behalf proecutes, as the aid prioner at the bar, have put themelves in this behalf upon the aid jury. And immediately thereupon the aid jury come here into court; and being elected, tried, and worn to peak the truth touching and concerning the premies aforeaid, and having heard the aid record read to them, do ay upon their oath, that the aid prioner at the bar is the ame Thomas Rogers in the aid record of attainder named, and againt whom Vol. IV