§. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iſſue; and Rule of Court for Execution thereon.
Michaelmas term, in the ſixth year of the reign of king George the third. Kent: The King againſt Thomas Rogers The priſoitev at the bar being brought into this court in cuſtody of the ſheriff of the county Habeas Corpus of Suſſex, by virtue of his majeſty's writ of habeas corpus, it that the ſaid writ and the return thereto be filed. Record of attainder read And it appearing by a certain record of attainder, which hath been removed into this court by his majeſty's writ of certiorari, that the priſoner at the bar ſtands attainted, by the name of Thomas Rogersfor felony and and robbery, of felony for a robbery on the highway, and the ſaid priſoner at the bar having heard the record of the ſaid attainder now read to himPriſoner aſked what he can ſay in bar of execution., is now Priſoner aſked by the court here, what he hath to ſay for himſelf, why the court here mould not proceed to award execution againſt him upon the ſ aid attainder, He for plea faith,Plea; not the ſame person that he is not the ſame Thomas Rogers in the ſaid record of attainder named, and againſt whom judgment was ſame pronounced: and this he is ready to verify and prove, &c.Replication To which ſaid plea the honourable Charles Yorke, eſquire, attorney general of our preſent ſovereign lord the king, who for our ſaid lord the king in this behalf proſecuteth, being now preſent here in court, and having heard what the ſaid priſoner at the bar hath now alleged, for our ſaid lord the king by way of reply faith, that the ſaid priſoner now here at the bar is averring that he is. the ſame Thomas Rogers in the ſaid record of attainder named, and againſt whom judgment was pronounced as aforeſaid;Iſſue joined prayeth may be enquired into by the country; and the ſaid priſoner at the bar doth the like:Veinre awarded inſtanter. 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 ſaid priſoner, to try upon their oath, whether the ſaid priſoner at the bar be the ſame Thomas Rogers in the ſaid record of attainder named, and againſt whom judgment was ſo pronounced as aforeſaid, 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. Jury sworn 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,Verdict - that he is the same that the ſaid priſoner at the bar is the ſame Thomas Rogers in the ſaid record of attainder named, and againſt whomjudgment
