IN the 35^th year of King Charles II. Thomas Walcott was indicted for High-Treason, in Compassing the Death of the King by Assassination; and being tryed before Sir Francis Pemberton and others, he was thereof convicted; And the Judgment, or rather the Minutes of the Judgment that was entered on the top of the Indictment (it being the Course and Practice to enter over every Prisoner's Name in the Indictment in a compendious manner the Prisoner's Plea, the Verdict of the Jury, and the Judgment of the Court thereupon) is thus Recorded: ‘Ponit se (which is the Plea) culpabil cat. nul. (which is the Verdict of the Jury) and then followeth the Judgment, thus: Considerat. est quod ducatur ad Gaolam Domini Regis de Newgate unde venit; & ibidem super bigam ponatur; & abinde usque ad Furcas de Tyburne trahatur, & ibidem per collum suspendatur, & vivens ad Terram prosternatur. Et quod secreta membra ejus Amputentur, & interiora sua extra ventrem suam capiantùr (ipsoque vivente) comburantur, & quod caput ejus Amputetur. Quodque corpus ejus in quatuor partes dividatur, & quod caput & quarteria illa po­nantur ubi Dominus Rex ea Assignare voluerit.’

But in the Record drawn up hereupon (which contains and recites at large the whole Proceedings against the Prisoner; which Record is certified into the King's-Bench on a Writ of Error); the Judgment is thus entred; ‘Ideo Considerat. est per Cur. hic, quod proedictus Thomas Walcott Ducatur ad Gaolam Domini Regis de Newgate unde venit; & ibidem super Bigam pona­tur; & abinde usque ad Furcas de Tyburne trahatur, & ibidem per collum suspendatur, & vivens ad terram prosternatur. Et. quod secreta membin [...] ejus Amputentur & interiora sua extra ventrem suam capiantur, & in [...] ­nem ponantur, & ibidem comburantur, & quod caput ejus Amp tetur. Quod­que corpus ejus in quatuor partes dividatur, & caput & quarteria illa ponan­tur ubi Dominus Rex ea Assignare voluerit.’

So that the only variance between the Minutes of the Judgment given by the Court, and the Judgment certified into the Kings-Bench on the Writ of Error, is, that in the first, those words (ipso vivente) are inserted, and part of the Judgment; but in the latter they are left out.

In Easter-Term last was twelve-month, John Walcott, the Son and Heir of Thomas, obtained a Writ of Error to Reverse his Father's Attainder as Erroneous, and the Exception that was taken and insisted upon, to reverse the Attainder, was this, That the words (ipso vivente) are omitted, and no part of the Judgment. But the Court being informed that the Countess of Roscommon (whose Husband had a Grant from the Crown, of Mr. Walcott's Estate, in consideration of a just Debt) was interested under the Attainder; they gave time to hear her Councel in Affirmance of this At­tainder.

On this Point the Cause hung until this present Trinity Term; and on Friday the 13^th of June instant, the Court gave Judgment for reversing the Attainder, for this Reason only, because the words (ipso vivente) were omitted, and not part of the Judgment certified on the Writ of Error; notwithstanding that it was much insisted upon by the Countess's Councel, that these words are not material; and that it is impossible in Nature for the Man to be alive after his Heart and Bowels are ta­ken out of his Body: Nor would the Court amend and rectify the Record certified on the Writ of Error, by the Minutes of the Judgment entered on the Indictment; though it plainly appeared to them, by the Minutes of the Judgment entered on the Indictment, which was produced in Court, that Judgment was given by the Court that his Bowels should be burnt while he was alive: but the words (ipso vivente) were either unwarrantably, or by mistake, left out by the Clerk, who drew up the Record of Attainder by those Minutes.