Executio est executio juris secundum judicium (3 Institute, 212). It is a maxim of the law of England that the execution must be according to the judgment, Et quæ in curia nostra rite acta sunt, debit’ executioni demandari debent; and for express authority, Non licet felonem pro felonia decollare. In the case of high treason, beheading is part of the judgment, and therefore the king may pardon all the rest saving beheading, as is usually done in case of nobility. But if a man being attainted of felony be beheaded, it is no execution of the judgment, because the judgment is, that he be hanged till he be dead: in this case the judgment doth belong to the judge, and he cannot alter it; the execution belongs to the sheriff, &c., and he cannot alter it. And if the execution might be altered in this case from hanging to beheading, by the same reason it might be altered to burning, stoning to death, &c. (3 Institute, 211). It is worthy of notice that Shakespeare seems to have been well aware of the distinct offices of judge and executioner, for he makes Guiderius, in speaking of Cloten, say— Why should we be tender, To let an arrogant piece of flesh threat us; Play judge and executioner, all himself? _Cymbeline_, Act iv. Scene 2. If an officer beheads one who is adjudged to be hanged, or vice versâ, it is murder (I. Hale P. C. 494; I. Hawk. P. C. c. xxviii. ss. 11, 12, 17, 18), for he is merely ministerial, and therefore only justified when he acts under the authority and compulsion of the law; but if the sheriff substitutes one kind of death for another, he then acts by his own authority, which does not extend to the commission of homicide (4 Bla. Com. 179). If the sheriff, or other proper officer, alters the execution or any other doth execute the offender, or if he is slain without authority of law, it is felony, and the law implies malice (Wood’s Inst., 2nd ed., p. 662). So Clarence says to the murderers hired by Gloster— _Clar._ Are you drawn forth among a world of men To slay the innocent? What is my offence? Where is the evidence that doth accuse me? What lawful quest have given their verdict up Unto the frowning judge? or who pronounc’d The bitter sentence of poor Clarence’ death? Before I be convict by course of law, To threaten me with death is most unlawful. _Richard III._, Act i. Scene 4.