The Countess of Roscommon's case Roscommon, Isabella. This text is an enriched version of the TCP digital transcription B09901 of text R182846 in the English Short Title Catalog (Wing R1929A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B09901 Wing R1929A ESTC R182846 62369642 ocm 62369642 188116 2240872357

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 Early English books online. (EEBO-TCP ; phase 2, no. B09901) Transcribed from: (Early English Books Online ; image set 188116) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2855:28) The Countess of Roscommon's case Roscommon, Isabella. 1 sheet ([2] p.). s.n., [London : 1694?] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: Henry E. Huntington Library and Art Gallery. eng Roscommon, Isabella -- Trials, litigation, etc -- Sources. Walcott, Thomas -- Trials, litigation, etc -- Sources. Pemberton, Francis, -- Sir, 1624-1697. Error, Writ of -- England -- Early works to 1800. Broadsides -- England -- 17th century. eebo The Countess of Roscommon's case. Roscommon, Frances Dillon, Countess of 1694 2 746 2 0 0 0 0 0 26.81 C The rate of 26.81 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2011-03 Assigned for keying and markup 2011-03 Keyed and coded from ProQuest page images 2011-04 Sampled and proofread 2011-04 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion
The Countess of Roscommon's CASE .

IN the 35th 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 13th 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 .