case sir walter raleighs case the king grant of a military command to a person  attaint of high treason wherein he give he judicial power over the life of  other do not pardon the high treason for every pardon of high treason require  a express mention of it by the statute Richard c hut cro car side lev roll  Poph hawk p c the king bench may award execution in the county where it sit on  a attainder remove from any other court memorandum this term sir Walter  raleigh knight who be attaint of treason in Michaelmas term in the first year  of James the first at Winchester before commissioner and have be a prisoner in  the tower always afterward until about three year last pass that he be permit  to go at large and have a commission for a voyage to Guiana and after his  return be remand to the tower the record of the attainder be bring and certify  into the king bench be by habeas corpus direct to the lieutenant of the tower  bring to the bar Yelverton the king attorney show how by the king favour he  have live thus long and have since do act for which in justice he ought not to  be further spare and the king have give command to pray execution wherefore he  now pray execution of this judgement for the king sir Walter raleigh be  hereupon demand what he can say why the court shall not proceed and grant  execution against he answer that he can not deny but that he be attaint of  treason as aforesaid yet he suppose have commit no other act since the king  will not cause execution upon the former judgement and he conceive that in  regard the king have grant he so large a commission for his majesty and the  realm service and thereby have give he authority to execute judicial law and  power over the life of other that it be a dispensation to he for his former  offence and he ought not now to be call in question for they the court reply  to he that he be attaint of treason there can not be croak James er p any  discharge thereof but by the king express pardon and no treason can be pardon  but by express word mention it and the king may use the service of any of his  subject in what employment he please and it shall not be any dispensation for  former offence Yelverton attorney tell he that he have since commit offence  which be just cause of proceed against he but he be a prisoner attaint and  dead ill law there can not be any proceed for these new offence but to take  execution upon the former judgement which he pray may be do whereupon Montague  chief justice use some word of exhortation to the prisoner and then command  that execution croak throw shall be do accord to the first judgement not  mention any of the offence or former judgement and the lieutenant of the tower  have the prisoner deliver into his custody and the sheriff of Middlesex have a  writ give they in the hall to receive he and to do execution which be do the  day after Simon and Judas in the great court betwixt the hall and saint Peter  church