r -^.^^^^g^s^^ ife 14 ^^>^-^^^^;!Sir ^ — THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW PLEAS OF THE CROWN IN MATTERS C R IMINAL AND CIVIL: CONTAINING A LARGE CO O V MODERN PR T O APPEALS, CERTIORARI'S, CONVICTIONS, DEMURRERS, INDICTMENTS, INFORMATIONS, PLEAS IN ABATEMENT, BAR, With a great Variety of Prec relating to the W I T. fl REPLICATIONS, REJOYNDERS, &c. TRAVERSES, Writs of HABEAS CORPUS MANDAMUS, QUO WARRANTO, RESTITUTION, kc and Pleadings thereupon* EDENTs uncier many other Heads, CROWN LAW. The Whole colletfted By the Late Sir JOHN TREMAINE, Kt. Serjeant at Law Digeltcd and iLcvilcd, By the Late Mr. JOHN RICE, of Furnivals Inn. And Traullated into Enididi, By THOMAS VICKERS, Esq^^Banider at Law. With a new INDEX. DUBLIN: Printed jby h. watts, lav/ booksellei, no, •^. cHRiiT- CHURCH-LAN£, 1793- '^^\^^^.^w jt- % -« T ^ 1193 TO THE HONOURABLE WILLIAM DOWNES ONE OF THE JUSTICES OF HIS MAJESTY'S COURT JO F KING'S BENCH I N IRELAND I THIS WORK I s, WITH HIS PERMISSION^ RESPECTFULLY DEDICATED^ by his obedknff olh'ged and humble fervani, "THOMAS FICKERS^ PREFACE, rp] /r,7.? infert /jj- icc7. 139. 140, 149. 175, 184., Page 130, 1. 3^» ^or "^^^ read A^/A been 37, for waj read hath been 134, 1.31, iox publi/h rtdid publick 137. laft 1. but 8, dcleaif L II, for Thomas read jfohn 1. 25, ior Jecurity rend /eizure 1. 19, after iWar;/ infert / 1. 26, dele .9 in conventicles 1. 27, for / read S 38, ahtr yhciatis infert 0/ 185, 1-23, kr Edward Tt3.d Edmu 38, for Edwardxtzd Edmu 193, !• 5, after ,^r«^ infert his croi and dignity 198, 1.27, for i« read ^refl< ioo, 1, I for where read a;A 220, L 5, £oT Aldick rtzd Abdick 224, I. 37, for them read Azws for their read Aw 244, 1. 13, (margin) for dichar^ read charged 248, I. I r, after aZ/orwy/ infert ^e'«« 254, 1. 25, for upou read k/'otz 273, 1. 18, (margin) for counjetl read counfellor 274, 1. 2, for hadns read Aa«^5 276, 1. 31, for firft or read nor 281, 1. 28, £or fellow rta.dfellmas 287, 1. 21, dele firft yfl/,a? in the li 300, laft 1. but 6 dele ment in t beginning of the line 310, I. 51, after who read is 314, 1. 38, for •y^/z/'read verify 320, 1. 9, dele ^^ at the end'ot the li 333. 1. 7, iox your read i^k?- 8, for oar read jfOM?* 34^, 1. 16, after /Aen infert wtfr* 348, 1. 2, for t/ read and 349, I. 25, for at read o/' SUBSCRIBERS NAMES, A. Antifell, Chrill. Efq; . ^• Baker, Williajn, Efq ; Barrington, Jonah, Efq ; Batty, John E^pine, Efq ; Bell, James Wm. Efq ; Beresford, Marcus, Efq ; one of his Majefty's council at Law. Betty, William, Efq ; Blackburne, Anth. Efq ; Bloflet, John, Efq ; Boyd, Abraham, Efq ; Boyd, Johji, Efq ; Boyd, the Hon. Rob. one of his Majefty's juftices of the court of K. B. Browne, Arth- Efq ; S. F. T. C. D. Browne, Geo. Jof. Efq ; Burne, John, Efq. Burroughs, Fran. Efq; Burrowes, Peter, Efq ; Burfton, Beresford, Efq ; one of his Majefty's council at Law. Butler, the Hon. Simon, one of his Majefty's council at Law. Chamberlaine,W.T.Efq ; Clonmell, the*Rt. Hon. Ld. Vif. Ld. C. J. of hisMajefty'sct.of K.B. Colles, Rich. Efq ; Conroy, Phil. J. J. Efq ; Crofton, Morgan, Efq ; Curraii, Jn.Philpot, Efq; one of his Majefty's council at Law. D. Dobbs, Francis, Efq; Downs, the Hon. Wm. one of his Majefty's juft. of the ct. of K.B. Doyne, Phil. Efq ; Drifcoll, Tim. Efq ; Duquery, Henry, Efq ; one of his Majefty's council at Law. Dwyer, Anth. Efq ; E. Egan, Jn. Efq ; one of his Majefty's council at Law. Evans, Mr. Jn. Att. F. Fitzgerald, the Rt. Hon. Ja, his Majefty's prime Serjeant at Law. Filgate, Townly P. Efq. Fitton Rich. Efq ; Fletcher, Wm. Efq ; Foote, Lundy, Efq ; Fox, Luke, Efq ; Frankland, Rich. Efq ; Frizzell, Cha. Fraz. Efq; Furlong, Mr. Wm. Att. G. Gabbet, Jof. Efq; Garnett, C. K. Efq; Grace, George, Efq ; Grady, Hen. Deane Efq ; SUBSCRIBERS NAMES. Greene, Fra. Wm. Efq^ | Pearfon, Matthew, Efq; Guinneft, Puch. Efq ; George, Denis, Efq ; R corder of the city d Dublin. H. Hamilton, John, Elq ; Hewit, the Hon. Jof. one of his Majefty's juftices of the coi:^rt of K. B^ Hone, I. T. Efq ; '' Hods;kInfon, Fran. 'Efq ; F. T. CD. Jamefon, Jofeph, Efq ; Jebb, Rich. Efq ; Jenkins, Mr. Rob. Att. Johnfon, Rob. Efq ; Jones, Mr. Wm. B. S. 12 copies. Joy, 'Henry, Efq ; K. Kemmis, Tho. Efq ; his Majelly's crown Solici- tor. King, Steuart, Efq ;*" Kirwan, John, Efq; L. Laifan, James, Efq ; Lcland, John, Efq ; Lill, J. G. Efq . M. Marfden, Alex. Efq ; T\Iac-Cartney, A. C. Efq ; rvIac-Nally, Leon. Efq i Alonck, Wm. S. Efq; Moore, Arth. Efq; Moore, Mr. Ja. B. S. 6 copies. P. Pirfons, John, Efq ; hillips^ Mr. Sam. Att. igeon, Peter, Efq; JPonfonby, Geo. Efq.; one <| of his Majefty's council at Law. Powell, Eyre Bur. Efq ; Quin, Tho. Efq; * • R RadclifFe,* John, Efq; Rice, Mr. John, B. S. 50 copies. Ridgeway, Wm. Efq ; Redford, Arch. Efq; S. Sanders, Rob. S. Efq; Sankey, Wm. Efq ; Sheares, Henry, Efq ; Skerrett, Ja. Efq; Smith, Miqh. Efq ; Smith, William, Efq ; T. Thompfon, Fred. Efq ; Toler, Jn. Efq; his Ma- jefty's Solicitor Gen. Townfend, Jn. S. Efq ; U. Upton, S. W. Efq ; Vicars, George, Efq; W. Walker, Wm. Efq; Wliitc, Jn. Efq; Williams, Chrift. S. Efq; Williams, Geo. Efq ; Wolfe, the Rt. Hon. Ar- thur, his Majefty's At- torney General. Wynne, Wm. Efq; Y. Yelverton, the Rt. Hon. Barry, Ld. chief Baron of his Majefty's court \ of Exchequer. I PLE AS ofthe CROWN, 'f'- IN • Matters Criminal and Civil. Jndi&menis for High Treafon. _, . rr^HE jurors for our lord the king, upon tK^ir oath Indiament lo wit. X prelent, that T. H. late of, &c. in the county ^ ' '^^^"1 r> r • t r 1 • 1 /- r /^ 1 ■ 1 • 1 war againlt aioreiaid, &.c. not having the rear or Crod m his heart nor ^^g j^ij,g_ v/eighing the duty of his allegiance, but being moved and fe- duced by the initigation ofthe devil, and intirely withdrawing 2- Ed. 3. the love and true obedience, which a true and faithful lubjed: Scat. g.C.i. of our lord Charles, by the grace of God of England, Scotia !id, France, and Ireland, king, defender of the faith, &c. Ihould, and of right ought to bear towards the faid lord the king, and deviling, and as much as in him lay im ending, to difturb the peace and public tranquility of this kingdom of England ; on the loih day of Au^uli, in the 20th year of the reign ot the faid lord now king of En5>land, &.c. at Silfcrton, in the county aforefaid, traiteroully did compafs, imagine, and in- tend to raife and levy war, rebellion, and inlurrcd::on againjt the faid lord the king, within this kingdi m of England ; and to fulfil and bring to effedl, his faid trealbn?, imaginations, and intentions af )refaid, he, the faid T. H. afterwards, to wit, on the faid 10th day of Auguft, in the twentieth year aforefaid, with force and arms, 6cc. at S. aforefaid, in the county afore- faid, with a great multitude of perfons, to the jurors aforefaid unknown, to wit, to the number of ten perfons armed and ar- rayed in a warlike manner, to wit, with drums, trumpets, A piitols. Indi(Slments for Iligli Treafou. pifcols, ftaves, blunclerbuffes, fwords, and other arms, as well offenfive as dtieiilive, btinj^ then and there unlawfully and traiteioully affembled and <^rithereii, againft the laid lord the liing, at S. atorefaid, in the county aforefaid, on the loth dayof Augufi, in the 20th year atoreiaid, tiaittroully did pie- pare, levy, and ordain public war againit the laid lord the king, .his iupreme and undoubted lord, againil the peace oi the laid lord the king, his crown and dignity, and alfo againft the form ol the ilatute in fuch cafe made and piovided. P. 2. * R E X 'l;. A Y L I F F E. MichaelmaSy 36th Charles II. \lff^^^l London, X'-r^iiA.T John Ayliffe of, &c. as a falfe traitor ring to de- To wit. j* -*- againft the moft illuftrious and moft excellent pofe the Prince, our lord Charles, by the grace of God, kino; of, &lc.> and King and his natural lord ; not having the fear of God in his heart, nor ^Hurderhim vueighing the duty of his allegiance, but being moved and fe- duced by the inftigation of the devil, and intirely withdrawing the love and true and due obedience, which a true and faith- ful fubjedt of the faid lord the king towards the faid lord the king fhould, and ol right ought to bear, and as much as in him lay, intending to diftuib the peace and common tranquility of this kingdom of England, and to move and excite war and re- bellion againft the faid lord the king, and to fubvert the go- vernment of the faid lord the king in this kingdom of England, and to depofe and deprive the faid lord the king of his royal title, honour and name, and of the imperial crown of his kinf this realm of England, and to bring and put the faid lord the king to death and final deftruftion, on the lOth day of July, in the year, &c". and at divers other days and times as v/ell after as before, at the parifh, &c. falfely, malicioufly and traitetouHy U'iih one James Scott, late Duke of Monmouth, and with divers other rebels and traitors, to the jurors aforefaid un- known, did confpiie, compafs, imagine and intend, not only to dcpiive and depofe the laid lord tiie king, his fupreme na- tural lord of his royal ellate, power, title and government of his his kingdom of England, but alfo to flay and to bring, and put to death the faid lord iheking, and to alter, change nnd entirely lubvert the antient govirnment of * this kingdc^m of Englami,* p and to caufe and procure a miferable flaughter among the fuS- ' <3* jcfts of the miniik Kelly late of the pariili afore- frey, by faid, in the county aforefaid, clerk, and Philbert Fernat late of ftranghng the ]>ai ifn aforefaid, in the county aforeiaid labourer, not ha- him With a • ' 1 r r /^ i i • i - i i - i \ ,- handker- ^'"''S "-"^ ^^^'" ^' 'J'^d betore their eyes, but being moved and le- chief. duccd by the inltigation of the devil, on the I2thday oi Oc- tober, in the 30th year of the reign of the lord Charles 2d. by the grace of God, king, U.z. with force and arms, at the pa- rilh of St. Mary in the Strand aforefaid, ,in the county afore- faid, in and upon one EJmundbury Godfrey, knt. in the peace ^ of God, and ot the faid lord the king, then and theie being, lelonioufly, wiltully, and of their malice aforethought, did make an affault, and that the atorefaid Robert Green, a cer- tain linen handkerchief, of the value of 6d. about the neck of the faid Edmundbury Godfrt-y, then and there felonioufly, * P. -7. wilfully, and ot his malice aforethought, * did fold and fallen, and that the aforeiaid Robert Green, with the aforefaid hand- kerchief fo by him, the faid Robert Green folded and fattened about the neck of him, the faid Edmundbury Godfrey, then and there, him, the aforefaid Edmundbury Godfrey, feloniouf- lndi£lments for Murder. ]y, wilfully, and of his malice aforefaid, did clioak and Itrangle, by which choaking and fti angling of him, the faid Edmundbury Godfrey aiorefaid, by him the faid Robert Green, in the form atorelaid committed and perpetrated, he the atore- faid Edmundbury Godfrey, then and there inftantly died- And that the afcrefaid Laurence Hill, Dominick KcJly, and Fhll- bert Vernat, lelonioufly, willully, and ol their malice afore- thought, were preient, aiding and abetting, comforting, affilt- ing, and maintaining the aforefaid Robeit Green, him the faid Edmundbury Godfrey, in the iorm aforefaid, fehniioully, wil- fully, and of his malice aforethought, to flay and murder, and fo the jurors aforelaid, upon their oath afoieiaid fay, that the faid Robert Green, Laurence Hill, Dominick Kelly, and Phil- bert Vernat, in the manner and iorm aforefaid, him, the faid Edmundbury Godfrey feloriioufly, wilfully, and of their malice aforethought, did flay and murder, againfl the peace of the faid lord the now king, his crown and dignity, &c. The trial and convicflion of the defendants, on this indlfl- ment, is in State Trials, 2 vol. 214. The King againjl Thurfton. Indiamcnt. rr> -J. "pE it remembered, that at the goal delivery of our FormurWer, ^ lord the king, of and for his county of Suffolk, by flabbing holden at Bury St. Edmund's, in the county aforefaid, on '^'^'^ ^«<^^*'- Mcnday the 1 ith day of March, in the 14th year of ihe reign ^''.j^'^'^ ^ of our lord Charles the 2d, by the grace of God, king, Sec. before Matthew Hale, kt. chiel baron of the Exchequer of the laid lord the kinf,, and Edward Atkyns, kt. one of the baions of the Exchequer, of the faid lord the king, jufliccs of the faid lord the king, affigntd todelivcr his goal of his faid county of Suffolk of the priioners being therein, and juflices of the faid lord the king, afngned to prclerve the peace in the faid county, v»d alfo to hear and determine divers felonies, tlef- pafTes, and other mildeeds in the laid county -perpetrated, by the oath of Francis Coppinger, R. M. S. B. (and 16 others) good and lawful, men of the county aforefaid, impanelled and fworn to enqtiire for the faid lord the king, and for the body of the coimty aforefaid, it is prefented, '1 hat Anthony Thur- Iton, late of Weft-haven, in the county aiorcfaid, labourer, not having the fear of God befoit his eyes, but being moved and feduced by the inftigation of the devil, on the 50th day of May, In the 12th year of the reign of our lord Charles the 2d. by the grace of God, king of England, occ, with force and arms, at W, aforefaid, in the county aforefaid, in and upon one Edw. B Rovvc, Indictments for Murder. Rowe, in the peace ot God and our faid lord the king, then and there being felonioully, wilfully, anfl ot'his malice aforethought did make an afianlt; and the aforeiaid Anthony Thurlton, with a certain knife of the value of id. which he, the faid Anthony Thurlton, then and rhcre in his right hand had and held, him the aforefaid Edward Rowe, in and upon the left fide of the body of him the laid Edward Kowe, under the ribs of the faid left fide of the body of him the laid Edward Rowe, then and there felonioufly, wilfully, and of his malice, alorethought, did Itrike, thruli, ilab, and penetrate, giving to the faid Edward Rowe, then and there with the knife afore- faid, in and upon the left lide of the body of him the faid ' i • o. Edward Rowe, one mortal wound of the * breadth of one inch, and of the depth of fix inches, of which faid mortal wound, the aforefaid Eduard Rowe, at W atorefaid, in the county aforefaid, inltantly died, and fo the aforefaid A. T. the aforefeid E. R. in the manner and form aforefaid, feloni- oufly, wilfully and of his malice aforethought, did kill and murder, againft the peace of the faid lord the now king his Capias crown and dignity, (S:c. Whereupon the iheriff of the county awarded, aforefaid, is commanded that he do not omit, &c. but that he take him, &c. to anfwer, Sec. Sec. Afterwards, to wit, on Tuefday the 15th day of July, in the 14th year of the reign of our lord Charles the 2d, by the grace of God, king, &c, at the general goal delivery of our lord the king, for his faid county of Suifolk, then held at Bury St. Edmund's, in the faid county, before Thomas Twyfden, kt. one of the jufti- ces of the lord the king affigned to hold pleas before the king himfelf, and Richatd Leviiiz, Efq, juftices of our faid lord the king affigned to deliver his goal of his county of Suffolk aforefaid, of the priioners being therein ; cometh the afore- faid Anthony Thiirfton, under the cuflody of R. W. Efq. iheriff of the county aix)refaid, (into whofe cultody heretofore for the caufe aforefaid, and for other certain caufes he had been committed) brought here to the bar in his proper perfon, and being forthwith demanded of the premifes above chaiged againft him, how he will acquit himfelf Bio- -t thereof: he faith he is not oruilty thereof, and for good and Flea not ., ' . - ^ ^ J ' • ° j- 1 guilty. evii puts himlelt upon the country. Ihereiore, immediately Jet a jury come here before tlie jullices aforefaid, &c. and the jurors of the jury aforefaid, by the Iheriff of the county aforefaid, for this purpofe impanelled ; to wit, W. C. T. B. J. B. (and 9 othess) being called and come, who being eJedled, tried and fvvorn fo fpeak the truth of, and concerning the prcmiffes ; fay upon their oath, that before the perpetra- tion of the felony and murder aforefaid, in the indiftment ^f^'^^*'''aforefaid, mentioned, to wit, in the term of St. Hilary, in the ca fa ifl'u!-dy^^'^ ^^ °"^ Lord 5659, a certain writ of capias ad fatisfacie n- •ut of the ^^^> iffued out of the court, lately called the court of Upper Wpptr Bench, Indiv^lmeiits for Murder. BencK, upon a ludement entered in the iaid court, dire<5led tOn.-,i, •_ the Iherin ot burrolk, to take ihf atoielaia A. 1. in execu- H.nary tion, at the luit ui (,ne William Hacon ; the tenoi- of whichur i , 1659, writ, follows in thcfe words — " 7ht keepers of the Iberty o^againft tiie England by the uuth.rity of parliament, /3 the Jl:)cr':ff -of Sujfuk^^*^"'""' greet :?:g^ IVe ccnm.und ycu to take rthony T'nurjion^ ij i^^ Jha II be^^^^-^^ ^j- found in yjur bailhvick, und hr,n /uj'd\ k.ep, jo that you hwve /I'i puftblk body heftre us in the Upper Bench, at IVt/imitiJiir, on Saturday m^At a next, ajter the morrozv oj the A/cenJion of cur Lord, to /ui.'sjy -'"^^^^ JFill-am Hacon ojjti'cn pounds, jive Jhillings, zuhick were ad/adgcd'-^''''^^"^' j* to the jaid ^Ml;a>n, J'.r his damages -iLhich he hath jujjumed as '*"^^^ -^^w^fi^ tvlio by }itt performing of certain prormfes and affumptions to the yii?^arrefte>l th* WiWatn, iy thcjaid Ai.tlv.ny made, as for his cojis and Jiarges ^ypiifoner, him, about his juit in t:.at behalf expended; -u'hercoj he is convicled^n^ t^'C de- as uppeareth unto us oJ record, and tLit you have there this zfr/V, ''^^ ^ .^ luitnefs R. JS.e-iud;^ate, at lVeJ],nmjier, the \yh February, in the^^ j^ ^p^ year of L'.rd \("^). p, q, king aforefaid, at W. albreiaid, in the county aforefaid, toak and arrefled the faid A. T. and him in execution by virtue of the warrant aforefaid, then and there had ; and further the ju- rors aforefaid, fay upon their oath aforefaid, that the faid E K. then and there, by the command and at the iec}uefi of the faid W. O. came to the aid and afliftance of the faid W. O. to lead the faid A. T. (fo being in execution as aforefa!d)to the gcal of the lord the king of the county aforefaid ; and the jurors aiorefaid, further fay upon their oath aforefaid, that the afore- faid A. T. then and there bting under arrclt, and iacuilody of the faid W. O. ^nd in execution in the manner and form alote- faid, the faid A. T. then and there, with thekriifc aforefaid, firuck the faid E. K. and then and there gave to the faid fc K. the mortal wound aforefaid, in the indldmt nt aforefaid racn»- tioned, of which moital wtjund the fajd ii.K. ilieij ar^d there iu- ifantly died, (the faid E. R. being then and there aiding and af- lifting the faid W. O. to condui5t the faid A. T. fo bring then in execution to the goalof the faid lord the king in ilietouniy afoie- lors. But whether upon the whoUj matter atorcfaid, by tJie ju» ors aforefaid, iii ihc form afoiefa id found, ilic faid A- T. is ii a guilty Indiclments for Murder. guilty of the felony and murder aforefaid,in the indiftmcnt afore- laid fpecified or not, the jurors aforefaid are intirely ignorant, and therefore they pray ihe advice of the juftices aforefaid, and of the court, &.c. and if upon the whole matter aforefaid, by the jury aforefaid, in form aforefaid found, it Ihall appear, to the juflices aforefaid, and to the court, &c. that the aforefaid A. T. is guilty of the felony and murder aforefaid, then the jurors aforefaid fay upon their oath aforefaid, that the faid A. T. is guilty of the felony and murder aforefaid in the in- diftment aforefaid, fpecified in the manner and form as by the indiiftmenfaforefaid, is above fuppofed againlt him, and that theiaidA.T. at the time of the perpetration of the felony and murder aforefaid, or at any time after, had no goods or chattels, lands or tenements, to the knowledge of the faid jurors ; and If upon the whole matter aforefaid, by the jurors aforefaid, in the form aforefaid found, it (hall appear to the juftices aforefaid, and to the court, &c. that the faid A. T. is not guilty of the murder aforefaid, then the jurors aforefaid, fay upon their oath, that the faid A. T. is not guilty of the jnutder aforefaid, as the faid A. T. by pleading above hatK alledged, but that the faid A. T. is guilty of the felony and homicide only, and that the faid A. T. at the time of the •peipetration of the felony and homicide aforefaid, or at any time afterwards, had no goods or chattels, lands or tenements, to the knowledge of the jurors aforefaid, and becaufe, &c. This ca/e is rcporttd in I Keble 454, 455, and I Levinz 91. Yhe court gave -no judgment upon the point, whether killifig the hailiff who arrefted him hy a warrant under the ufurped gover?tment, was murder cr net, ihe proce dings being afterwards confirmed by an a6i of parliament, hut the defendant got a pardon. ^V, 10. The King and Queen againfi Biggleflon. Indiflment or mur- ir-^^ T'alace of the lord the king, and the lady ihe queen, and ihe knocking -verge ,f the fame, to wit. down an old wonian 'TpHE jurors for the lord the king, and the lady the queen ftandin;< in X. prefent upon their oath, that Michael Bigglelton, late of the crowd ^-^ j^. ^^ g^_ Martin, in the fields, in the countv of Mid- the king dleiex, labourer, not having the fear of God before his eyes, and '|ueen't but being moved and fcduced by the icftigarion of the devil, maundy on the i.^th day of April, in the 5th year of the reign of the *"r"^^' n. ^""^ William and the lady Mary, the now king and queen of \v i^ie y/ e j,^j^ j^j_^ &c. at the parilh aforefaid, in the county aforelaid, was trod to o . ,'. , ^/- 1 , r » r • 1 ^ i i 1 • death by the ^"^ Within the verge ot the palace, 01 the laid lord the Ijing crowd, and Indidments for Murder. and the lady the queen, (the faid palace then and ihtre belnj; at Whitehall, in the paiiih aforcfaid, and county aforefaid, and the iaid lady the queen in her royal peifon.then and there at Whitehall aforelaid, in the pariih at'oiefaid, and county aforefaid, living and abiding) in and upon one Joyce Barker, in the peace oi God, and of the faid lord the l^ing, and the lady the queen, then and there being, felonicufly, wilfully, and of his malice aforethought, did make an afiault, and that th° laid M. B. with a certain wooden ftaff of the value ofonff penny, which he the faid M. B. then and there in his hands had and held, her theiaforefaid J. ^- L^^ the faid J. B. then and there, at the pariih aforefaid, in the county aforefaid, and within the verge aforefaid, among a great concourie of people, to the number of 500 perfons at the leaft, to the jurors afore- faid unknown, then and there Handing, and being to receive a certain charity, of the faid lord the king, and the lady the queen, commonly called the maundy money] in and upon the forehead of the faid J. B near the left eye ot the fiid J. B. then and there felonioufly,- wilfully, and of his malice aiorethought, did ftrike and knock, whereby, flie the faid J. B. then and there at the parifh aforelaid, in tKe county aforefaid, and within the verge aforefaid, among the cwncourfe ot per- fons aforefaid, then and there affembled and colleded as afore- iaid, iell to the ground ; and the jurors aforefaid, Upon their oath aforelaid, further fay, that thereupon many of the per- fons aforefaid, ffo as aforefaid then and there collefted and affembled] to the jurors aforefaid unknown, her the faid J. B. fo fallen to the ground, by the ftroke and knock given to the laid J. b. by the faid M B. as aforefaid, and then and there lying and being prollrate uponthe ground, in and upon the neck, Ihouldeis, breait, belly, fides and back of. the faid J. B. v^ith the feet of the faidperlbns unknown, as aforefaid, then and there at the parifh alorefaid, in the county aforefaid, and within the verge aforefaid, on and upon the ground there moft giievoufly did tread and bruife, of which ftrikingand knocking of her the faid J B. by the laid M. B. with the wooden Itaif afortfaid, in and upon the forehead of her the faid J. B. as afnefaid, and of the aforefaid treading and bruifing of the faid J. B. as aforefaid, by the perfons aforefaid, with their ieet in and upon the neck, fhoulders, breaft, body, fides and back of the laid J. B. ihe the faid J. B. then and there inftantly died, and fo • P j ' the jurors aforelaid, "^ upon their oath aforefaid, fay that he the faid M. B. her the aforefaid J. B. in manner and form aforefaid, at the parifh aforefaid, in the county aforefaid, and within the verge aforefaid, felonioufly, wilfully, and of his^j..- . ..^ naalice aforethought, did kill and murder, againlt the peace of menMm'cItf the faid lord the now king, and the lady the now queen their 22 Hen. 8. crown and dignity, &c. c. 12. The Indidnicnts for Murder. The King againfi Knowles, otherwife Earl of Banbury. Hilary, 4 & 5 William and Mary. Indiament Middlefex, TjERETOFORE to wit, on Wednefday, to wit, a'ainTtt? *P ^^'^- . -" tlie 7th day of September, in the fourth year EarlofBan-^^ the reign of our lord William, and our lady Mary, by the bury, by grace of God, of England, &c. ting and queen, at the gene- thename ofial feffions ot the peace of the faid lord the king, and the lady Charles the faid queen, holden by adjournment for the county of Mid- eT"°7dund ^l^^^^' ^t Hick's-Hall, in St. John-ltreet, in the county afore- at Hick's- ^^^^y before Char. Lee, kt. Lancelot Johnfbn, and others, their Hall in fellows, jullices of tlie faid lord the king, and the faid lady the Middlefex, queen, alfigned to prcierve the peace in the county aforefaid, and remoy-and alfo to hear and determine divers felonies, trefpaffes, and e by Ce'^"- other mifdeeds, in the faid cqunty perpetrated, upon the oath of the King's- '^^^^^ good and lav/ful men of the county aforefaid, then Bench, and there charged and fworn to inquire for the faid lord the where the king, and the laid lady the queen, and for the body of the defendant county aforefaid, it is prefented, that Charles Knowles, late eing ar- ^f^ ^^^ parifh of St. Giles, in the fields, in the county of thereon Middlefex, Efquire, net having the fear of God before his pleads mif- eyes, but being moved and feduced by the inftigation of the nomer in devil, on the 6th day of December, in the 4th year of the abatement reign of our lord and l^dy, William and Mary, king and o t 6'" "^" queen &c. with foice and arms, at the parilh aforefaid, in ment, o-iz. \ r • a • j t.i -i- t r that he is the county aioreinid, in ^nd upon one 1 hiJip LawJon, gent. Earl of Ban- in the peace of God, and of the faid lord the king, and the faid bury, and lady the queen, then and there being, felonioully, wilfully, fets out the and of his malice aforethought, did make an affault ; and that King s Let- ^j^^ ^-^jj Charles Knowles, with a certain fword, made of iron to his an and Heel, of the value of five ftiillings, which he the faid ceftors and Charles Knowles, then and there in his right hand, had and the defcents held drawn, him the faid Philip Lawfon, in and upon the left to himfelf, part of the body of the faid Philip Lawfon, then and there felo- the Attor- -^y^y^ wilfully, and of his malice aforethought, did thruft replies that ^"^^ llab, giving to the faid P. L. then and there, with the the deiend- drawn fword as aiorefaid, in and upon the left fide of the ant petiti- body of the faid P. L. as aforefaid, nigh the ribs called the oned the fbort ribs, of him the faid P. L. one mortal wound of the T^°H h t)readth of one inch, and of the depth of fix inches, of which tried there ^^''^ mortal wound, the faid P. L. then and there inftantly (or the faid' died, and fo the jurors aforefaid, fay upon iheir oath aforefaid, crime, and that Indidlments for Murder. that the aforefaid C. K. him the faid P. L. in the manner and that thereon form aforefaid, then and there felonioufly, wilfuliy, and of.'* ^"^ *^- his malice aforethought, did kill and murder againft the peace J|'j'scf| ^^"^* of the faid lord the now kinj^, and the faid lady the now quttn, ,■ |,j ^^ ^^^j. their crown and dignity, <&c. Which indidment the faid lordf^iii Earl- the now king, and the faid lady the now queen, afterwards dom, to for * certain caufes, have caufed to come before them, to be* P. 12. determined, &c. Wherefore, the fherifF of the county afore- thic replica- faid, is commanded, that he do not omit, oic but that he do tion the de- take, &c. to anfwer, &c. And now, to wit, on the Tuefdayfe"^^"' ^*' next after the oftave of St. Hilary, in this fame term, ^^^^rc ^^'^!^' J*^!.^ the lord the king, and the lady the queen at Weflminfter , ^^y ngj.ji cometh Charles, Earl of Banbury, under the cullody ofjoins in William RIchardfon, gent, keeper of the goal of the lord demurrer, the king, and the lady the queen of Newgate, by virtue of a writ of the lord the king, and the lady the queen, of habeas corpus ad fiijiciendum, &c. to him diiedted, into whofe cuftody for the caufe iforefaid, he had been before committed, by the name of Charles, Earl of Banbury, othcrwife called Charles Knowles, Efquire, brought to the bar here in his proper perfon, and being immediately demanded of the pre- miifes above charged againft him, how he will acquit himfelf, . thereof, he faith, that he is the perfon in the indicflment afo^'^' abatement faid mentioned, and intended by the name of Charles Knowles, rnifnomer* of the parilh of St. Giles, in the fields in the county of for that de- Middlefex, Efquire, and againlt whom the indidment afore- f«"dant is a faid is found, and preferred, for the murder and felony afore- P^*^*^* faid, and faith that he ought not to be compelled to anfwer to that indictment, becaufe he faith that the lord Charles the ift, late king of England, &c. by his letters patent, under the great feal of England, bearing date the i8th day of Aug. in the 2d year of his reign, which letters patent, fealcd under the great feal of the faid late king of England, the faid C. Earl of B. brings here into court ; of his fpecial favour, certain knowledge, and mere motion, advanced, made and created William at that time Vifcount Wallingford, to the Ifate, degree, dignity and honour of Earl of Banbury ; and to the faid William, by the faid letters patent, gave, granted and appointed, the ftate, ftyle, title, dignity and honour of Earl of Banbury, and invefted, and really ennobled him, the faid William, with the fame name, title, {file. Hate, honour and dignity of an Earl, by girding on of a fword, and by putting on of a cap of honour, and of a golden coronet, to have and to hold, the fame name, ftate, degree, dignity, ftile, title and honour of Earl of Banbury, with all and lingular, the pre-eminences and other honours to the lame name, ftate, degree, dignity, ftile, title and honour of an Earl, belonging or appertaining to the aforefaid William, and to the heirs male of his body ilfuing for ever ; willing Indidments for Murder. Tvllling and by the faid letters patent, granting for hlmfelf his heirs and fucccflbrs, that the faid William, and his heirs male aforefaid, and each and every of" them, fhould lucceffively have and bear, the name, ftate, degree, honour and title afore- faid, and that each and every of them fuccelfively Ihould be called by the name of Earl of Banbury, as by the faid letters patent more tully appears, by virtue of which letters patent aforelaid, the faid William was Ea;l of Banbury, and wasfeized of the eftate, degree, title and honour of Earl of Banbury, in his demefne as of fee tail, to v.it, to him and to the heirs male of his body, and bting fo feiaed, the faid William, Earl of Banbury died fo feized, to wit, at the parifh of St. Giles, in the fields aforefaid, in the county of Middltfex aiorefaid, after whofe death the Hate, degree, title and honour of Earl of Banbury aforefaid, defcended to Edward Knowles, the fon and heir male of the body of the faid William, Earl of Banbury, whereby the faid Edward was Earl of Ban- bury, and feized of the flate, degree, title and honour o£ Earl of Banbury aforefaid, in his demefne as of fee tail, to P. I"^.^'^' ^^ ^™ ^^^ ^^^ heirs * male of the body of the faid William, to wit, at the paiifli of St. Gile's, in the fields aforefaid, and being fo feized thereof, the faid Edward Earl of Banqury, died feized, without heir male of his body, to wit, at the parifh aforefaid, after whofe death the ftate, de- gree, title and honour of Earl of Banbury aforefaid, defcend- ed to Nicholas Knowles, as heir male of the body of theJaid William, Earl of Banbury, to wit, as brother and heir to the faid Edward, the fon and heir to the faid William, whereby the faid Nicholas was Earl of Banbury, and feized of the ftate, degree and honour of Earl of Banbury aiorefaid, in his demefne as of fee tail, to wit, to him and the heirs male of the body of the aforefaid William, late Earl of Banbury, to '.vit, at the parilh of St. Giles, in the fields afortfaid, and being fo feized, the faid Nicholas, Earl of Banbury, after- wards died fo feized thereof, to wit, at 'the parifh aforefaid, after whofe death the ftate, degree and honour of Earl of Banbury aforefaid, defcended to the faid Charles, as heir male iffuing of the body of the faid William, late Earl of Banbury, to wit, the fon and heir of Nicholas, late Earl of Banbury, the brother and heir of the faid Edward, the fon and heir of the faid William, whereby the faid Charles at the time of the caption of the indictment aforefaid, was and as yet, is feized of, and in the ftate, degree and honour of Earl of Banbury aforefaid, in his demefne as of fee tail, to wit, to him and the heirs male of the body of the faid William, and Earl cf Banbury as yet is, to wit, at the parifh of St. Giles, in the fields, and this he is ready to verify ; wherefore, becaufe, that he is not named in the indiftment aforefaid, by the aforefaid name of Earl of Banbury, he prays judgment of the. Indictments for Murder. :nc indi(flment afoiefaid, and if he to the indicftnient aforefaid, ou^ht to be comptlled zuy iuicher lo anfwer, dec. Creftvell Levinz. hcirthol,mezu Shower > And J.- vSomers, tt. attoiney-geheral of the Ic^rd the now king. Replication and ihc ludy ihe now queen, who tor the loici iht- now king, and '^''' ^* the lady the n(.w one' n, in this behalf proftcnt'.s, bv i>ro'cllini' ''^''''^"' F*" not acknow.ieoging any ininj; in the plea oL the atorelaid Chi. \\q,^{\. of to be true, fai.h, that the faid Charles Knowles in the indict- Lr.v, to inent atorefaid named t^ that indi£t:nrieni ought to anfvver, be- be tried caufe he taith that he the faid Charles Knowles, by the name^^^*"^' ^"^ of Charles Earl of Banbury, h.ittofore, to wit, on the ' S'^h [^^[,*^^^^' day ot December, in the 4th y?ar of the reign of the faid defendant lord and lady the now king and queen, did exhibit his certain liad no right f>etition in writinc,, to the lords Ipiiitual and temporal in par- to the title, lament, then and as yet, held and afltmbled at Weltminfter, ^"^.^^'"'** in the county of Middlefex, alledifiufi and pretending by the Kf ''iTu- /-•' ••!_ L Lr-i /^i 1 11 J- • » mould be laiu petition, ttiat he the jaul Charles, by hereditary right, (jifmiifed. then was Earl of Banbury, and one oi the peers of this realm of England, and that at that time, he was indifted for the death of the faid P. L. wherefore the faid Charles, moft numbly belbught the faid lords fpiritiial and temporal, then and there in the faid parliament affembled, that lie the faid - Charles, of and for the death of the faid P,.L. might be tried by the peers of the faid realm, and thereupon it was in fuch wile proceeded, that afterwards on Tuefday the 1 7th day of January, in the 4th year of the reign of the faid lord and lady the now king and queen, by thfe laid lords, fpiritual and temporal, in the laid parliament, then anH * there afTemtded * P. I4, according to the law and cullom of parliament, it was refolvcd, ordtred and confide red, that the laid Charles, had not any right to the faid title and ht)nour of Eai 1 of Banbury, and that the faid petition from thenceforth Ih'.uld be difmilftd, as by the recoid thereof, among the lecvrds of parliament heie at Weilminltcr aforefaid, remaining more tully appears, and this he is ready to verify, whereli>rei he piays judgment, and that the indictment afuelaid, may ht adjudged good, and that the aforefaid C. K n.ay further anfwer to that indic'i.'uent, y. Somefs. T. Trev.r. jf. Tremaine. And the aforefaid Charles in h,Is proper peribn cometh and^^™""*''' faith, that the faid plea, of the laid Attorne; -general, of the lord and lady, the now king and queen, in form alorc- faid above, by replying pleaded, and the matter therein con- uined arc not iulEcienl in law to compel the faid Charks to C that Appeals of Murder. tlie iaid iiidiftnient any fiiithei to anfwer. Wherefore, for ■want Ola lufficient replication to the plea afoielaid, of the faid Charles in this behalt pleaded, the faid Charles as before prays judgment of the fdid indictment, and tliat he of the in- diftmcnt atorefaid, by the court here may be difmiffed and dif- charo;ed, &c. J»;nd«r. And Edward Ward, efquire, attorney-general of the faid lord and lady, the now l^ing and queen, who for the faid lord and lady the king and queen in this behali profecutes, faith, that the pita afnefaid of the attorney-general ot the faid lord and lady, the now king and queen, in form aforefaid above, by replying pleaded, and the matter therein contained, are good and fufficient in law to compel the faid Charles to the faid indiflment liirther to anfwer; which plea above, by replying pleaded, and the matter therein contained, the faid attorney-general, of the iaid lord and lady, the now king and queen, on the behalf of the faid lord and lady, the now king and queen, is ready to verify as the court, &c. Edward Ward. Thomas Trevor. Jthn Tremaine. The court of Kivo's-Bevch, after feveral arguments, gave judg- ffient, that the replication was infufficient, and the defendant remains untried to this day. * p, I cj, ^ Appeals of Murder. Goreing v. Veering. iVlichaelmas, i ft James II. Rollf^. Appeal of MJdhJe>c,r^ HARLES DEERING. late of the pa- Ihe'^f'd ^^ '^^ ^^'''' ^'^^ °^ ^^" -^^'""'^ '" ^^^ lields, in the coun- •f th'e de^ ^7 ^^ Middlefex, efquire, was attached by his body to anfwer •eaf«*), Mary Gorting, widow, who was the wife of Henry Goreing; efq; of the deaih of the Jaid Henry Goreing heretofore her hulhand, whereof ifie appeaieth him, and there are pledges to profecute John Stone, of New Inn, in the county of Middlefex, gentleman, and Thomas Jones of the pariiii of St. Clement Dares, in the county of Middlefex, gentleman, and thereupon the faid Mary, by Thomas Bathurft her at«> torney, according to the form of the flatute in that cafe made and provided, inilantly appealeih, the aforefaid C. D. for this, that when the faid H. G. was In the peace of God, and of the Appeals of Murder. lord the now king, at the parl/h of St. Martin in tke Fields, in the county of Middleiex, on the loth day of June, in the ift year of the leign of the lord James the 2d. kirifj;, dec. about the eighth hour after mid day of the faid day, thne, to v;it. at the parifli of St. Martin in the Fields, in the coun- ty erf" Middlcfex came, the Jaid C. D. fclonioiifly, and as a felon of the faid lord the now king, and of his malice afore- thought, and with premeditated lying in wait, againJl the peace ot the faid lord the now king, his crown and dignity, on the faid loih day ot June, in the ift year of the reign of the laid lord the now king aforefaid, about the eighth hour after nud- day of the faid day, and in and upon the laid H. G. then with force and arnif, &c. at the parilh ol St. Martin in the Field?, in the county of Middlefex afoielaid, did make an affault, and the faid C. D. then and there with a certain fwoid, called a Kapicr, to the value of five fhiliingj, which he the faid C D. in his right haml then and there, to it, on the 10th day of June, in the lit year, See. at the parilh of St. Martin in the Fields aforefaid, and in the county of Middlefex atorelaid, had and held, him the faid H. G. in and upon the left fide of the neck of him the faid H. G. near the collar-bone of him the faid H, G. then and there felonioufly, wilfully, and of his ma- lice aforethought, did thrull and ilab, and then and there gave to him the faid H. G. one mortal wound, of the depth of four inches, and of the breadth of one inch, of which mortal wound he the faid H.G. then and there iiulantly died. And fo the aforefaid C. D. him the ai'orefaicl H. G. on the loth day of June, in the ift year, &c. at the pariili, &c. in the faid county of Middlefex, in the manner and form aforcfiid, felonioully, wilfully, and of his malice afoieihought, did kill and murder againfi the peace of the faid lord now king, his crown and dignity. And as foon as the faid Chaile» Dtciing, tire faid felony had committed he fled, and the faid Mary him frelhly purfued from viU to vill, unto the lour learell vills, and fur- ther, until, ike. And if the faid Chailes Deeiing * the felony* p ^tf and murder atovefaid, to him in form aforefiid charged v^ill deny, the faid M^'"y i* 'cady this to prove agair.ft him, as the court, &c. And the aforefaid Charles Deering in his pro- per perfon, comes and defends the ff;rce and inrury, when, '''^'"•'■ &.C. and all the telony, and murder, and wiiaifoc-ver, e le- ofGod, king, &c. to the fliei iff of Middlefex, gre'^ting. for " " '*^'='''i- as much as Maiy Goreing, wiJo.v, wh') v. as the wife of Henry' • Goreing, efquire, hath given us ieciiiity to piDfecyte ht*r fuif, by John Stone of New Inn, in your county, gentleman, and Thomas Jones, of the pariih of St, Clement Danes, in your county, genileman, thcrer^'re, We rommand v'ou, that you attach C. D. late of the pariih, iic. in vour county, efquire, by Appeals of ?*'Iurder, ceafed;that{jy Ijis ijocly, according to the law and cultom of England, {o *'^.*'*.".j^* that you naay have him before us, from the day of ht. Michael benefit o( '" three weekf, wherefoever we Ihall then be in England, to clergy ; butanfvver to the laid Mary, of the death of the faid H. G..here- n judge- tofore her hufband, whereof Ihe appealeth him, and have there mcnt was j.].,^,^ ^j^jj ^., jj_ Witnefs Ourfeif, at Weftmirftei, the 8ih day of on^^ AvI-rs J"^^' '" ^'^^ ^^^ year of our reign, Layton. Alfo, he pr.^ys that he was C>yci' of the return of the faid writ, and to him in like manner and is a it is read in thefe v/ords, to wit : By virtue of this writ to me clerk, and direfted, I have attached the within named C, D. efq; by his was and is l,Q^y^ which body I have ready befo'e the within written king, read^&c ^'-' ^^ ^^^^ ^'^^ within contained, wherefoever, &c. as within it , ' ' Is to me commanded. The anfv/er of William Gollln, kt. and Pete- Vandeput, knt. Iheriif. That wiit as above indorfcd, was delivered by the aforefaid late fheriff, to me the now Iheriff undernanitd. on his departure from office. The anfwer of Defent'ant Benjamin TliOrowgo(;d, knt. and Thomas Kinfey, knt, fheriff; pleads that which being read and heard, the faid Charles Deering faith, that jie wascon ^j^^ j^j^j Alary Goreing ought not to have or maintain againft In'diamem ^'^"^ ^^^ appeal aforefaid, for the death of the faid Henry form^n- Goreing, heretofore her hufband •, becaufe he faith, that herc- ilaughier; tofore, to wit, at thegeneial quarter feliions of the peace, atthefuit of theloid the king, held for the county of Middlefex, at of thek,ng.f^j^^.^^.j^„j, jj^ g._ Tohn-ftreet, in the county aforefaid, oa ip" thede- -Monday the I3ih oi July, in the ift year ot the reign ot our * ' lord James the 2d. king, &c. before William Earl Craven, Sec. and others their felluw juftices of the faid lord the king, alfigned to prefcrve the peace in the faid county ; andalfo to hear and determine divers felonies, trefpafTes and other mif- deeds in the faid county perpetrated, by the oath of Edward Porter, John Weflon, (and 15 others) good and lawful men, of the county aforefaid, then and there fwttrn and charged to enquire for the faid lord the tirig, and (he body of the county aforefaid ; the faid C. D. by the name of C. D. late of, &c. efq-, was indicted for the death of the faidH. G. whicli indi(ft- nient follows in thefe words, to wit, Middltlex, to wit, The iurors for the loid the king upon their oath prefent, that C. D. late of, &c. in the county of Middleie>:, ifq-, not having the ff^r of G< d bcfoie his eyes, but btiug nujved and feduced by the inlligation of the dfvll, on the 10th day of June, in the ift year of the reign of our lord James the 2d. king, &c. wiih fjic.e and ar,Tis, Sic. at the parifh aforefaid, in the couuty af refaid, in and upon one H G efq; in the peace of God, and * P 17. ^' '^^^ ■^^'^ ^^'^*^ ^^"^' ^'"o' '^^" '^'^^ ihere being, * felonioufly, wilfully, ana of hii malice aforethought, did make an affault ; and that the faid C. D. with a certain Iword made of iron and ftcel, of the value of 5$. which he the laid C. D. then and there in his right hand had ar.d held drawn, him the faid H.G. in and Upoii the left part of the ntch of hini the laid H.G. near to the collar- Appeals of Murder, collar-bone of him the faid H. G, felonionfly, wilfully, and of his milice aforethought, did iirilie and ilab, giving to the faid H Gl then and there with the Ivvord aforcfaid, in andiipon ilvc left part cf the neck of him the faid H. G. near the collar- bone of him the faid H.G. one mortal wound of the bieadth ot one inch, and oi the depth of fix inches, of which mortal wound he the faid H. G. then and there inllantly died, and fo the juiors aiorefaid fay upon their oath aforefaid, that the aforeiaid C. D, him the aforefaid H.G. in manner and form aforelaid, fclonioully, wilfully, and of his malice aforethought, liill and murder, againlt the peace of the faid lord the noW "king, his crown and dignity. Whereupon the flieriffof the county aloielaid, was commanded that he Ihould not omit, &c. but that he ihuuld lake him, to aniwer, &c. and that af- terwards, to wit, at the delivery of the goal of the faid lord the king, .of Newgate, held f )r the county aforefrid, at Ju£- tice-hoil in the Ola-bailcy, in the fiburbsof the city of Lon- don, onlhurfday, to wit, tue l6th day i f Jvily, in the ill. year aiorelaid, betoie JaiJies Smith, knight, mayor oi the city of London, 'Ihoujas' Jones, knight, chief juftice of the faid lord the king U the Bench, W. M. J. M. and others their feliow-juitices, of the faid lord the king, af- figned to deliver hio goal of Newgate of the prifoners being the cin, the aforeiaid jullites ot the faid lord the king, a^i- v.nW'iw, ligned to pieferve the peace in the faid county, and alio to Earl Craven hear and deiei mine divcib felonies, jrefpafTes and mil^lcmea-&c. ut fu- nors within the faid ccmnty perpetrated, by their proper hands P"^^" did deliver the indiilmcnt atorefaid^ into the laid court of goal delivery aforefaid, "of record to be determined. Where- upon at the faid delivery Cif the goal of the faid lord the king ot L^ewgatc, held for the county aforefaid, at Juitice-hall a- forefaid, (-n the faid I'hurfdny the i6th day of July, in the ill year ot' the reign of the faid lord the now kingatoieiaid, before the laid juilice of the faid lord the king afligned to deliver his goal ot Newgale of the prifoners being theiein, came the faid C. D. in his prober perlon, and furrcndered him prifiuier in the goal of the laid lord the king of Newgate, for the county in- quire by -Lhe oath of good and lawful men of the. courty of Cumberland, and by other ways, methods and means hj which they could or might better know of certain treaft)ns, mifpri- fipns of treafon, infurreflions, rebellions, couuteriei tings, clippings, wafhings, falfe coinings, and other faifities of the money of this kingdom of England, and of other kingdoms, and dominions whatfoever, and afligned to hear and detcunine certain murders, felonies, manHaughters, killings, birglaries, rapeb of women, unlawful meeting-^ and conventicles, unlaw- ful uttering of words, combinations, mifprifions, c nfcderacies, falfe allegations, and all other mitdeed', offences and injuries whatfoever, and alfo to o ir juftices afligned to deliver our goal of the county of Cumberland aforefaid, of the pnfoners being therein, and to each and every of them greeiin^, We willing lor certain ciufes, that all and fing.dar indidments, inquifitions, records, conviflions and appeals oi certain felo- nies, murders and manllavighters, whereof Thomas Lifle is indi(f5:ed, charged, appealed or convl(fl;ed before you, and alfo that all indidlments and records of acquittal, againft the form of the ftatute made for the taking away of the benefit of clergy, frojn manflaughter in certain cafes, whereof the laid Thomas Appeals of Murder. Tljomas Lifle is indlfted and acquitted before you, as it is faid, be determined before us and not elfcwhtre, command you and each and every of you, that you or one of you fond all and lingular indidments, inquifitions, records, convidions and appeals, and records of acquittal a'oiefaifl, with all things touching them by whatfocver name the faid 1'. L. is named in the fame, under your feals, or under the feal of one of you, before us at Weftminfter, on Thurfday in 15 days of St. Mar- tin, together with this writ, that we Biay caufe to be done further thereupon, that which of right, accoiding to the law and cuftomofour realm of England, we Ihill lee to be done. Witnefs John Holt, kt. at Weltminltei , the "* f'th day of No- * p^ ^ j. vcmber, in the 8th year of our reign. Winter, Aftry. The an- fwer of Edward Ward, kt. chiet baron of the Exchequer, and one of the juftices within fpecified ; the execution of this *'**'*'^"' writ appears in a certain fchedule to this vvrit annexed, Ed- ward Ward. Cumberland, to wit. — Be it remembered, that at the general delivery of the goal of the lord the king, of his county ;^;/j;^^/aid lord the king, from the day of St. Michael, in three weeks, wherefoevcr, &c. to hear their judgment of and upon the premiifes, becaufe that the court of the faid lord the now Icing here, thereupon, not as yet, &c. and as to the trial of the iffue aforefaid, between the parties aforefaid above-joined, to hit tried by the country, let the procefs thereupon ceafe, until the matter aforefaid, in the form aforefaid pleaded by the judgment of the court, be determined in fome lawful manner. At which day before the lord the king at Weftminfter, comes as well the faid J. A. by his attorney aforefaid the faid T. L. in his proper perfon, whereupon all and iingular the premiiTes being feen, and by the court of the faid lord the now kin^^ here, more fully underftond, and mature deliberation being thereupon had, becaufe that it feems to the court of the faid lord the now king here, that the plea aforefaid by the faid J. A. in the manner and form above, by replying pleaded, and the matter therein contained, are not fufficient in law, for him the iaid J. A. to have or maintain his appeal aforefaid, againft the feid T. L. it is confidered that the laid J. A. take nothing by his bill of appeal aforefaid, but for his falfe plaint be there- upon taken, and that the faid T. X<. may go thence without day, &c. This cafe is elaborately and learnedly reported ly the Lord Chief jftijiice Holty in Keyling's Reports, 93. Ceflat pro- ceffus. Judgment for the de- fendant. * P. 27. Orbell, (widow) againft Wsivd. Hilary, 3 & 4 of James II. Appeal by Middle fex,/^ EORGE Ward, late of the parilh of St. James, writ, by the Xo wit, vj Weftminfter, in the county of Middlefex, gt. ^^'^T °f A was attached by his body, to anfwer Elizabeth Orbell, widow, thcdccealed^j^^ was the wife of Ifaac Orbell, gentleman, of the death of the faid Ifaac Orbell, heretofore her huftjand, whereof fhe apptaleth him, and there are pledges to profccute, to wit, J B. &c. and thereupon the laid Elizabeth, by F. H. her at- torney, according to the form of the ftatute, in fuch cafe made and provided, inftantly appealeth the faid G. W. for this, that when the faid Ifaac Oibeil was in the peace of God, and of our Appeals of Murder. our lord the king, in the parilh of St. James, within the I'l- berties of VVeflminfter, in the county aloiefiid, on the 13th clay of July, in the 3d year of the reign of our Jord James the 2d, tkc. on the ninth hour after mid-day, of the iaid day", there to wit, at the parifhof St. James, within the Jiberties of Weftminller, in the county aforefaid, came the faid George Ward, felonioufly, and as a felon of the laid lord the now iing, wilfuily, and of his malice aforethought, and with pre- meditated lying in v/ait, againft the peace of the faid lord the now king, his crown and dignity; on the 13th day of June, in the 3d year of the reign of our faid lord the now Inn", at the ninth hour, after mid-day of the faid day, and in and upon the faid I. O. then with force and aim?, &c. at the parilh, &c. in the county aforefaid, did make an afTault, and the faid G. W. then ah(l there, with a certain fword, of the value of 5s. which he the faid G. W. then and there, to wit, on the 13th day cf June, in the 3d year of the reigri of our lord James the 2d, at the pari (h aforefaid, and in the county aforefaid, in his right hand, had and held, him the faid I. O. in and upori the left part of the belly, of him the faid I. O. nigh to the ravel' of him the faiid I. O. then and there felonioufly, wilfully, and of his malice aforethought, did flrike, and thruft, and gave to the faid I. O. then and theie^ in and upon the faid left part of the belly of him the faid I; O. then and there, nigh to thefaid navel of him the faid I. O. with the fword aforefaid, one mortal wound, of the breadth of half of one inch, and of the depth of fix inches, of which mortal wound, the faid I. O, from the 13th day of June, in the 3d year aforefaid, until the i6th day of the faid month ol June, in the 3d year aforefaid^ at the pairilh aforefaid, in the county aforefaid, did languifh, and ■'• languifliing did live, and then to wit, on the faid i6th day of June, in the 3d y ar aforefaid, at the pariili aforefaid, &c» and in the county jjforefaid, &c. he the faid I, O. of the mortal wound aforefaid, died, and fo the faid G. W. him the faid I. O. on the faid i6th day of June, in the 3d year afore- faid, at the parifh aforefaid, and in the county aforefaid, in the manner and form aforefaid, felonioufly, '.viUuily, and of his malice aforethought, did kill and murder, againft the peace of the faid lord the r.ow kin^, his crown and dignity, and as foon ais the faid G. W, the felony and murder aforefaid, had committed, he the faid G. W. fled, and flie the iaid Elizabeth him frefhly purfued, from vill to vill, unto the four nearell vills, and'further until 6cc. and if the faid G. W. the felony and murder aforefaid, to him in form aforefaid, charged will deny, the faid Elizabeth is ready to prove it againil him, as the couit, £tc. * And the faid George Ward comes in. his proper peifon, * P 78 and prays oyer of the writ of appeal aforefaid, and the re-pra-e,. ^{ ' Appeals of Jvlurder. w It of ap. turn of tlie faid writ, and tliey are read to Irm in thcfe v/ords, pf.al, and » y^; ihe Jher'ijf oj MicUlcJi:y, grectit'g, fur cfs ?nuch us Elizabeth t* r 1\ "^t i ^^^^^^1 "^^'^^ '^"^^ '''^ '^^'fi ^^' //'^'''^ Orl/cil, hath i>7vsn us fscurity to W'rita'^ainft /**"?/' <-'^^-" ^^^^ ^'''^/'^"''''^ ^S J' ^- ^'^^^ of thi panjh oj St. James, the A^iend- Py'cjiminjltr, in your county , gentleman, and R. 0. oj\ cS'c.jhcrc- ant, b) the J ere, lue cimmand you, that you. attach George IVard, late of the name of parjh of St- Jsimes, Wejlmirfur, in your county, gentleman, by W \ d ^ late^"^ f'ody, according to the law and cuftom of England, fo that yovi of thep;iri(h ^'^y htnt him befre us, on the oSia':>e f St- Hilary, zvherejoever, of St. James ^c. to anjiuer to the J aid Elizabeth, of the death of the Juid I. 0. Wcftmin- herttof.rehcr hufband, an J -whereof J}:e appeaLth him, and have ''• there then this writ, zvitnef, &c." The execution ot this writ appears in a certa n iihrdnle to this writ annexed, the anfwer of B.ifiU Fiiebials, tt. and J. P. kt. iheriir, Middlefex, to wit, ', B. F. and J, P. f sir if of the county of Middlefex, to the thefa'dl.rd the king at W(Jlminfery humbly certify, that by vir- tue of the faid ztnt to 7KC d:r £ied, "which is annexed lo this Jche- d:de, 1 attached thi faid George Ward, in the j aid writ named, by Tiis hody, according to the l.nv and cufiom of Englaiid, whofe body in the p'ri/on of the jaidhrd the king, under 7yy fif cufiody, I had and detained vntil afterwards, to zvU, ni the i \f} day of December y in the T^d year of the re rn of our lor i jAmes the 2d, ucfore prays judgment, and that the faid writ may be quaihed, &c. - , And becaufe tbe court of the faid lord the king here, are not^/z-^^f. yet advifcd to give their judgment oi and upon the pjcm'lTes, therefore day is given to the parties atoielaicl, before the faid lord the king, from the day of Eailei in i j days, wherefoever, &c. to hear their judgment ol and upon the ^rernilTes, becaufe the court o! the faid lord the now king here, thereupon not as yet, 6cc. "judgment for the defendant. R'-p'irted Shower's Reports 47. I !>alk. 59. E 2 Killcgrcw Appeals of Murder. Killegrew aga'mji Vincent. Tleas before the hrd the king, at Weftminfter, of the term of the Holy Trinity, in the \.th year of the reign of the lord James the 7.d. the now king o/" England, &:c. Appeal by CsrmvaU.YyY, It remembered, that on Friday next after the ^^l^ ^*^°w To wit. -*-^ Morrow of the HolyTiinicy, in this fame term, ceafed ^" ^^^^re the lord the king, at Weftminiter, came Ann Kille- liot guilty grew, widow, ^vho was the wife of George Killegrew, late of pleaded, &c. efquire, in her proper perfon, and brought here into the and at the court of the faid lord the king then there, her certain bill 'fi'r^'h'^ againfl Walter Vincent, late of, &c. efquire, in the cuftody defemiarft ^^ ^^^ marfhal, &c. of the death of the faid G. K. hereto- was found fcre her hufband-, and there are pledges to profecute, to wit. not guiliy. W. T. of, he. baronet, and F. T. of, &c. efquire •, which bill follows in thefe words, to wit, — •Cornv/all, to wit. A. K. •widow, who was the wife of G. K. Lite of, (Sec. efquire, in- llantly appealeth, W. V. late of, &c. efquire, being in the cuftody ot the mzrfhal of the marfhalfea, of the lord the king, before the king hiniffili^ for this, that wiien the faid G. K. was in the peace of God and of the faid l^vd the king, at the vill of, &G. in the county of Cornwall aforcfaid, on the 20th •75 day of March, in the 4th year of the reign of our lord James + • O^'tlie 2d, the now * king, &c. at the 7th hour after mid-day, of the faid day there to wit, at the vill &c, in the co. ofCornwall aforefaid, came the faid W. V. felonioufly, and as a felon of our fa'd lord the new king, wilfully, and of his malice afore- thought, and with premeditated^ lyi"g i" v;ait, a^ainft the peace of the faid iord the now king, his crown and dignity, ott the izxh. day of March, in the 4th year of the reign, &c. at the 7th hour after mid day of the faid day, and in and upon the faid G. K. then with force and arms, &;c. at, 6cc. in the county of Coinwall aforcfaid, did make an affault, and the faid W. V. then and there with a certain fword, of i^e value of 5 fliillings, which he the faid W. V. then and there, to wit, en the ^oth day of March afoiefaiil, in the 4th year of the reign, &c. at,y'd alift dom of England, but alfo to fiir up, move and procure war and ':^^ ''"'^^ "^ rebellion againft the moft fcrene lord James the 2d. &c. his • °"r''?i"' natural lord within this kingdom of England, and to fubvcrt, change, and alter the government of the laid lord the now kinc of this his kingdom of England, and to depofe and deprive the faid lord the king of his ftyle, title, honour, and Royai r.ame, and of the imperial ciown of this kingdom of EngLind, and to put and bring the-f.'.id lord the king to death and final deftruftion, and to fulfil, perfef^, and bring to effect, his moil wicked, deteftable, and diabolical contrivances, devices and intentions, he the faid S. B, on the ift day of Jjnc, in the ift year, &c. with force and arms, &:c. falicly, unlawfully, un- juftly, wickedly, and diabolically, at the pariih, &c. did give and deliver, and did caule to be given and delivered to one John Evans, a great fum of money, to wit, the fum of eleven pound;-, and fifteen {hillings ol the lawful money of England, under the condition, and for the isitention and purpofe, that he ♦he faid J. E. inftantly ihould purchafe a hcxie and- piftols, G stndl l'ndi6lments and Informations for Sedition. and wiihout delay Ihould travel into the wellern parts of this tingdom of England, and fhould join himfclF, the laid J. E. to one James Scott, otherwife called James Duke of Mon- mouth, and to other traitors and rebels, at that time traiter- oufly aflembling, to wit, at Lyme l^egis, in the county of Dor- ftt, in the weftern parts of this kingdom of England, in the treafons of the iaid traitors, againft his moft ferene lord the now king,, to aid and affill the faid James Scott, otherwife called James duke of Monmouth, and the other traitors and rebels aiorefaid, to do, perfedl, and bring to effedl their trea- fons aforefaid, againlt the duty of his allegiance, and againft she peace of the faid lord the now king his crown and dignity/ Sec. p. 43, * The King againjl Wildmah. Information Midi/leJex,*'~r^HAT John Wildman. late of, &c, being a. ft- for conrpir- To wit. A ditious and pernicious perfon, ot a depraved, ing to raife mjnd, and alfo of an impious, unquiet, turbulent, faftious and th Vne-"* feditious difpofition, and devifing, praflifing, and falfely, un- dom. lawfully, wickedly, and feditiouily intending to difquict, mo- ieft and dillurb the peace of the faid lord the now king, and the common tranquillity of this kingdom of England, and to ftirup, move and procure fedition and rebellion within this kingdom of England, and to endanger the government of the faid lord the king of this kingdom of England, and that the laid J W. to fulfil, perfe(5l, and bring to efFe6t his moft wicked, detcftable, and fedilious devices and Intentions afore- faid, on the 20th day of May in the ift year of the reign of the lord James, &c. and at divers other days and times, as well before as after, with force and arms, &c. at the parifh, &c, falfely, unlawfully, wickedly, malicioully, unjuftly, faftiouf- ly, and fcditioufly did afTemblc, meet, confult, and confede- rate himfclf with One Wm- Difney, and with divers other evil- difpofed perfons to the attorney-general aforefaid, of the faid lord the novV king, as yet unknown, and with the faid perfons then and there did treat of and concerning the fulfilling, per- fcd:ing and bringing to effeft, his moft wicked and feditious compaflingf, imaginations, intentions and purpofes aforefaid, and Indidments and Informations for Sedition. and tlicnand there, to wit, on the iaid 20th day of May, in the I ft year, &c. and at divers other days and times as well before as after, at the parilh, &c- with torce and arms, &c. falfely, unlawfully, iinjuilly, \vicl:edly, facFlioufly, maliciciifly, and fcditioufly did coniliit, confent, confpirr and confedernta, with the laid W. D. and the divers other evil-difpofed perlons aforefaid unknown, to make an infirreclion and rebellion •U'ithin this lcin<;dom of En'^iand, and to pr-)cure anj provide anTQS and armed men to be prepared in divers places in this Icingdom of England, to fulfil, perfeft and bring to cffcS;, his moll; vyicked, deteftable, leditious and diabolical contrivance?, devices and intentions aforefaid •, And that the faid J. W, fur- ther to fulfil, perfect and bring to efiefl his moli wicked, dc- teftable, fedltiovis ai:d diaiolical contrivanc€s, devices and in- tentions nforeiaid, afterwards, to wit, on the 20th day of May, in the ill year, &r. aforei.-.Jd, at, &c. with force and arms, &c. falfely, unlawfully, unjuftlj, wickedly, taiflioufly and feditiouf- ly affunicd upon himfelf, and to the aforefaid evil-difpofed per - fons promifed, that he the faid J. W. would be perfonally aid- ing and affifting in the fulfilling, perfcdling and promotin<^ his faid moft wicked, deteftable and fcditious intentions, purpo- fes and compaflings aforefaid, and then and there did fend a cer- tain perfon unknown, ii.to parts beyond the feas, to wit, into Holland in parts beyond the feas, to one * James late duke of * Monmouth, to Incite and procure the faid James late duke of Monmouth to invade this kingdom of Englai&d^ with a great number of armed men, and to move, procure, and levy war and rebellion againft the faid lord the now king within this kin;;;- dom of England, to the evil and pernicious example of ail Others In lik< cafe offending, and againft the peace, ike. P.43- The King againjl NevilL Jlilary^ the 30th & 31ft Charles II, • 2. Ey Libels. rp • ^T^'HAT in the term of St. Michael, in the 30th information X year, &c. in the court of the- faid lord the king, *^ ''^'^ing, before the king hinifclf, at Wcll:ni niter, in the county ^'^ anTpuhHfh Middlefex, one Edward Coleman, late of, &c. gentleman, iivi„ga fa.iitV G 3 the ouj libelV Indi6lments and Informations for Sedition. «AtU!ed the tlie due manner, by the oatli of twelve jiuois, good and law- Glorifitd . ful men of the county of Middlefex afbrefaid, was indlfted Martyr, to f,;,r divers high treaions, infalfely, malicioufly, fiabtely and brine into . „ ^ n rr ■ • • i-j- cortcetnpt traiterouuy purponng, compaflmg, imaginino and intending the treafon to juftify itdition and rebellion within this kingdom of Eng- comm tied land and entirely to deprive, depofeand difinherit the faid lord by Edward t}je now king, from his royal Itate, title, power and govern"- ^rf tli'^'^^ ment of this kingdom, and to bring and put the faid lord the dift and' "•'^"^"S '•'^ '^^^'^ ^"^ ^'^^' °^^''"*^''°"» ^^'^ '■^ change and alter judgment at his will and pleafiire,: the government of the faid kingdom, whereon he and the true Worfhip of God in the faid kingdom, certainly vas cxecu-by ihe Jaws of the fa'd kingdom eftablifhed, and totally to tediOTtut £^^\yy^^■^ ^j^,^ delhoy the ftate of this kingdom of England, well ordeied and iniiituted in all its parts, and to levy and procure war againft the faid lord the king, within this realm of England ; and that the faid E. C. afterwards to wit, in the term of St. Michacd, in the 30th yea:, &c. aforefaid, in the faid court of the faid lord. the king, before the king himfelf, at Wellminfter,. in the county of Middlefex aforefaid, in the due manner,, by the oath of 12 jurors of the country, was ccnvitTted of the faid high treafons, and afterwards was drawn, hanged and quartered. And that one Henry Nevill, of, &c. otherwife called Henry Payne, of, &c, , well-knov/ing the premiffes aforefaid, but being a pernicious and feditious man, and contriving and malicioufly intending to diminilh the faid crime and offtAce of treafon, and alfo to bring and draw the verdidt and judgment aforefaid,, in the lawful manner afore- laid, againft ,the faid E.G. i'or the high treafons aforefaid, had, obtained and given, into hatred and fcandai, with all the liege fubjedls of the faid lord the king, and to caufe and pro- cure the faid E. C. who for the treafon aiorelaid, by him, as a- forefaid committed, in the form afoiefaid, was rightly and jultly punlfced, to be reputed and woriliiped v/ithin this kingrlom of England, as a moft glori<^us martyr of God, by wicked and iuperflitious men of the Roman religion, on the loth day of ' ^ d.-^ January, in the 30th year, 6ic. at the parifh, &c. * falfely, ^"''^ unlawfully, unjufily, wickedly, malicioufly, fcandaloufly and leditioufiy did make, compofe and write, and did caufe to be iTiade, compofed and written a certain ialfe, malicious, fcan- daicus, libellous aad feditious libel, entitled the Glorined >Jartyr, E- C. [by which two letters E. C. the faid H. N. did inttnd, and did defign the faid E- C. to be underftood, who ior high treafon as afoiefaid, ■ was lawtuily convidled and at- 'iair'ed, and afterwards drawn, hanged and quartered, to be anderftoodj the tenor of which falfe, malicious, fcandalous, libellous and feditious libel follows, to wit, " To ike ghrijied Ttiarfyr, E.G. Hail glorious foid t9 "t^hom /'/^^■ crozvn is given, all hail tk')u mighty fcfjonte of heaven, triumphant martyr, fitm ths 'indlejs inKfie-i -i^hsrs '.h:u 7nujl reign with Ch.riji di/iurbsd l>y none ; look Indidments and Informations for Sedition: look down a vjhik and vtezu upon his hicc, an xindcrftandtng friend, it trtiih and thee ; pardon the hoajled title Jince that hi>e, which gives it hire mujt needs cmfirm it above ; fir that's a jiamir.'^ charity which /ure, Jince boundLf% here rnvft endiefs there endure ; but ah ! alas great Jaint I ozvn zuithjhame, that ill I then, zVirfe nou> dcfcrve that name ; -whil/t here on earth my troubles kept me J till-, jrom friend- Jh?p's laxus, and ivnu my caujes will \ but xvhat you pardoned then en fortune's /core, he pleajei on pafftons now to pity move. And for thyi goods zuliich here you diddejtgn, without reward or lea ft dejert cf mine^ obtain mc more from our great Lord aitd thine ; not that I hope to ei]ual thee in place, ilip' I coidd wiJJi it with the like dtj grace \ J barely hope to viezu that holy ring, where crowned faints do hallelu- jahs Jing ; prepare mc feme low place in thai bright quire, where tho' I might not Jing J tr.ight admire" And the faid attorney-general of the faid lord the king, for our faid lord the ting further gives the court here to under- itand and to be informed, that the faid H. N. &c. otherwife called H. P. &c afterwards to wit, on the faid loth day of January, in the 30th year, &c. at the parifh, &c. knowingly the faid i'alfe, feigned, malicioiis, fcandalous, libellous and fe- ditious libel, falfely, unlawfully, unjullly, wickedly, malici- oufly, fcandaloufly and feditioufly to divers liege fubjefts of the faid lord the king, then and there did publifh, and did caufe to be publifhed, in manifeft contempt of the laws of this king- dom of England, to the pernicious example of eU others in like cafe offending, and againft the peace, &c. Whereupon the faid attorney-general of the faid lord the king, for the faid lord the king, prays the confideration ot the court here in the premiffes, and the due procefs of law to be awarded againft the faid H. N. otherwife called H. P. in this behalf, to make him anl'vver to the faid lord the king, &;c. * The King againji Baxter. * P /i < London, \ T^HAT Richard Baxter, late of, &c. clerk, being To wit. y ■*- a faftious and feditious perlon, of a wicked Information mind, and alio of an impious, unquiet and turbulent difpofition, l^^r a Libel, and converfation, and devifing, praclifing, and intending, as '1' ^'°*^'^ °" much 3,s in him lay, not only to difquiet, molclt aod difturb the ^^■li\j,^Z.t peace Indi6lments and Informations for Sedition. £ft Count. peace and public tranquility of the faid lord the king, -withiij. this kingdom of England, and to move, procure, and ftir up fedition, difcord and malevolence among the liege and faithful fabjecfts of the faid loixl the king, but alfo to bring into hatred and fcandal, and to render nfelefs the lincere, pious, blcffed and peaceable proteftant religion, ufed within this kingdom of England, and the prelates, bifhops, and other clergymen of the Englifh church, cfiabllfhed by the laws of this king- dom, and the new teilament of our lord and /aviour Jefus Chrift, and that the faid R. B. to fulfil, pcrfe(5l, and bring to effecl his moil wicked, deteilable and diabolical intentions aforefaid, on the 14th day of February, in the ill year of the reign ot our lord James the 2d with force and arms, &c. at, &c. falfely, unlau'fully, unjuftly, wickedly, fadlioufly, fe- ditioufly and irreligioufly did make, compofe, write,imprint and publiih, and did caufe to be made, compofed, written, im- printed and publlfhed a certain falfe, ieditious, libellous, laclious and irreligious book, intitled, " a Paraphra/e on the " New Teftament, zvith notes doQrinal and praSlxal," in which falfe, feditious, libellous, faftious and irreligious book, among other things were contained thefe falfe, factious, malicious, fcandalous and feditious fentcnces, ot and concerning the iaid prelates, biftiops, and other clergymen of the church of this kingdom of England, in thefe Englifh words following, to v/it, " Note, are not theje preachers and prelates, (meaning the bifhops and other clergymen of the faid church of this kingdom cf England) then the leaft and bafeft that preach and tread d wn chrifiian love cf all that dijfent from any of their prefumptions, and Jo preach down not the leaf but the great command?" And the faid attorney-general of the faid lord the king, for the lord the king further gives the court here to underftand and to be informed, that in another place in the faid falfe, fcandalous, feditious and irreligious book, among other things there were contained thefe falfe, libellous, fcandalous, feditious and ir- religious fentences following, of and concerning the faid cler- gymen of the faid church of this kingdom cf England, to "wit, " Note, it is felly to dr,uht whether there be devils, while devils incarnate live here among us, (meaning the clergymen of the faid church of this kingdom of England) what el ff but devils fure could ■make ceremonious hypocrites, (meaning the clergymen aforefaid) conjult with politick royahfts, (meaning the liege and faithful fub- je6ts of the faid lord the king of his kingdom of England) to de- ftroy the Son of God for faving men's health and lives by miracle ? G^tere, whether if this withered hand had been, their own, they would have plotted to kill him, that would have cured them by a mit.wle, as a fabhath- breaker ? and whether their fucceJf'^TS, (mean- ing the prelates, biihops, and other clergvmen of the church of P. 46. this * kingdom of England, who have in order fucceeded) woidd flence and imprijon godly minifersy (meaning tjie faid R, B. and oiher 2d Count, Indl£lments and Informations for Sedition. other fafllous and fcditioiis peifons within this kinsjdom of England, arguing againit the laws of this kingdom, and the li- turgy of the church cftabliflied within this kingdom) ij tney could cure them ofthetrjtckntjfes^ mdhelp them io preferment, and gi-je them money to feed their lifts ?" And the faid attorney-genei al of the 3«' Count, faid lord the king, for the faid lord the king, further gives the court here to underftand, and to be informed, that in another place in the faid falfe, fcandalous, libellous and feditious book, there were among othei things contained thefe other falfe, libellous, fcandalous, feditious and irreligious Eiiglilh fentences following, of and concerning the bifhops aforelaid, and the minifters of juftice of this kingdom of England, to •wit, " Note, men that freach in Chrft's name (meaning him the faid R. B. and other fadious and feditious perfons within this kingdom of England, arguing againft the laws of this kingdom, and the Hturgj of the church of this kingdom as by law eitab- liflied) therefre are net to heftlenced thn fa.ulty, if they (meaning again the faid evil-difpofed, factious and feditious perfons) do mere good than harm ; dreaiful then is the cafe of them (meaning the bilhops and minilters of juftice within this kingdom ot England) that ftlence Chrijt's faithful minifters" (meaning him the faid R. B. and the other faftious and feditious perfons aforefaid). And 4th Count, the faid attorney-general of the faid lord the king, for the faid lord the king, further gives the court here to underftand, and to be informed, that to excite the people of this kingdom of England to affemble in unlawful conventicles, and to de- fame the juftice of this kingdom in punilhing unlawful conven- ticles, in another place in the faid falfe, fcandalous, feditious and irreligious book, among other things there were contained thefe other falfe, libellous, fcandalous, feditious and irreli- gious Englifh fentences following, to wit, (i.) Note, " It -ujas •well they conftdered -what might be fuid againft them, which nozu mofl chri/lians do not in their difputes. (2.) Thefe per Jecwtors and the Romans had Jome charity and confideration, in that they were reflrained by the fear 0/ the people, and did net accu/e and fine them as for routs, riots and f editions. (3.) They that deny necejjary pre- mtjffes are not to be di/puted with." And the faid attorney-general ^^ii Count of the faid lord the now king, for the faid lord the king, gives the court here to underftand, and to be informed that in ano- ther place in the faid falfe, fcandalous, feditious and irreligi- ous book, among other things there were contained thefe other falfe, libellous, fcandalous, feditious and irreligious Englilh fentences following, of and concerning the bifhops, and other clergymen of this kingdom of England, to wit, " Let not thefe proud hypocrites, (meaning the bifhops and other cler^^ymen of the church of this kingdom of England) deceive you, (meaning the fubje(5ls of thefaid loid the king of this kingdom of England) who by their long liturgies and ceremonies (meaning the liturgies and ceremonies of the church of this kingdom of England) and claim Indictments and Informations for Sedition. of fuperkrity , do hut cloak their worldlinejs, fride and oppnfftan^ and 6th Count. ^'■^ religious to their greater damnation." And the faid attorney- general of the faid lord the now king, for the faid lord the now king, further gives the court here to underftand and to be informed chat in another place in the faid falfc, fcandalous, feditious and irreligious book, among other things there were contained thefc other falfe, fcandalous, libellous, feditious and irreligious Engliih fentences following, of and concerning the clergy of this kingdom of England, (2.) " Prie/is now are * P. 47< '"^any (meaning the clergy of the * church of this kingdom of England) but labourers few ; what men are they that have, andjilence the faithfullefi labourers ? (meaning him the faid R. B. and the other fad:ious and feditious perfons aforefaid) JuJpeSling that they are not for their interefi?" (meaning the intereft of the clergy 7th Count, of the church of this kingdom of England.) And the faid attorney-general of the laid lord the now king, for the faid lord the now king, further gives the court here to underftand and to be informed that in another place in the faid falfe, fcan- dalous, feditious and irreligious book, among other things there were contained thefe other falfe, libellous, fcandalous, feditious and irreligious fentences following, of and concern- ing the clergy of this kingdom of England, to wit, (3.) Note, " Chrifl's minijicrs u/e God's ordinances tofave men, and the devil's clergy (meaning the clergy of the church of this kingdom of England) uje them for fnares, mifchiefs and murder . (2.) they (meaning the clergy o f the church of this kingdom of England) will not let the people, (meaning the fubjc(fts of this kingdom of England) be neuters between God and the devil, but force them (meaning tke fubjefls of this kingdom of England) to be inform- 8th CoMnt.zng per/ecutors." And the faid attorney-general of the faid lord the now king, for the faid king further gives the court here to underftand to be informed that in another place in the faid falfe, fcandalous, leditious and irreligious book, among other things were contained thefe other falfe, libellous, fcandalous, feditious and irreligious Englifti fentences following, of and toncerhing the laws of this kingdom of England, againft un- lawful conventicles, and to ftir up the people to aflemble in unlawful conventicles, to wit, (2.) Note, " '/o be djfenters and. difputants againft errors and tyrannical impojitions upon conjcience (meaning the laws and ftatutes of this kingdom of England, provided and enabled againit factious perfons, and dilfenters to the liturgy of the church of this kingdom of England) is nofaidt but a great duty.'' To the great difpleafure of Almighty God, ie manitelt contempt of the laws of this kingdom of England, to the evil and pernicious example of all others in the like cafe offending, and againft the peace. of the faid lord the king his crown and dignity, whereupon the faid. attorney-general of the faid lord the now king prays the conlideralion of the court here, in the prcmilTes, and the due procefs of law to be awarded indiih book his lordjkip (.arcjiiUy peritjed, and finding jorne onvjfion therein, he (meaning the faid Earl of Peterboro-igh) order<.d me (mean- ing the faid T. D.) to write xuhile his lordjhip did diSiate to me (meaning him the faid T. D.) tJu/e words, Pj wit, that the prejhy- ierian party intended to maki an in/uireSiion in the North, and /o t» pin with an army of Scots : immediately after this his lordjhip took us (meaning the faid T. D. and M. Cellier, in the information aforefaid, in like manner mentioned) into the Duke's clo/et, (mean- r, 49* ing t^e * Duke ot York aforefaid) at Whitehall, where we (nieaii- ing the faid 'T.D. and Mrs. CelJier) i5>6i/'/z kijfed kis hand (m€a.ri\ng the hand of the faid James, Di;ke of York) and me, (meaning th-e faid T. D,) he, (meaning the faid Dike of York) took from the ground, for I (meaning the faid T. D.) was kn.ling, then I gave hish'ghnefs (meaning the faid Duke) the aforementioned little book, which /^g (meaning the faid Duke) after Jome perujal thereof thanked me (meaning the faid T. D.) for ; and alfo for my dili- gence for the cathdick cau/e, and did advje me (meaning the faid T. D.) to go onj and wijhed good fucce/s to all my vndtrtakings^ adding in theje "very words, viz. — " Ihat the Prejhyuri&n plot was a thing f ino/l mighty confequence, and if well managed, would be •very condiicihle to the J n jet v of the cathol'-ck cau/e, and / (meaning the faid Duke) do not quejiion but the effei}s of it will art/ wer your expediution, ejpecially in the northern parts, where I (meaning the faid Dukt) am well affured the major ^art of the gentry are my ^meaning the faid Duke) Jriends, and hui'e given fiificient de- ?norfiration of their ajjUl ions to me, (meaning the faid Duke) as aljo cf their intentions to projecute this, IrtJhyterian plot to the utmcji, J or they are no Jir angers to the dejign ; immediately after this his highnjs (meaning the faid Duke cf York) ordered Mrs. Ctllier and myf. If in the hearing (f my lord Peterborough, who was privy to the whole dij'cturfe, to be liery canjul of what zve (mean- ing the faid T. D. and Mrs. C.) communicated to the pcrjons who •were 10 lewitnejfes in that new plot. If we (meaning the faid T. D. and Mr?. C.) JJiould be caught in the J ubornation, and fo bring a terrible ^dium on the caiholicks, and make our/elves (meaning the 3aid T. D. and i\lri. C.) uncapable of any jurther fervice. Jljier ihis the Duke {m^Axnng the faid Duke) informed us, (meaning %h^ liiid T. D, and Alis. C) that in a tnaith tr two's time, the commiJftiM Indi^lments and Informations for Sedition. (XmmiJJiovs rvotild he ready, but crdered us, (nieaninj^ the faid T. D. and Mrs. C) /';: /he iritan Un:e ft, bring our part /(/ br.ar with the cs mailer ihe Duke of 'Ilrk, who as his LrJjhip fa^d, would certainly be rry khip i:i a vny fl:ort iitne, adding rhat I (meaning the faid T. D. -J a 2 ri'f-^ Indidlments and Informations for Sedition, nuft henfslute in my uvdertahings, for, /aid he (meaning the fald Ea-i of l-*eterborongh) the Z)a/te (meaning the faid Duke of Y Oik) much affeSi^ rejolut'on, bu- mortally hates the t'morous maft^ ihen / (meaning the faid '/'. D ) anjwered his lordjh'p (meaning the fald Earl ctfetei borough) that 1 (meaning the faid T. D.) liducd -nit my life, pnrjjdfd t' lo/e it, zvcnld be^/erviceahle to the Dukis intercft, at.-which fxprej[fi(mhe (meaning the faid Earl of Peteibor(^ugh) Jjemcd fuly Jatisfied, and jrom that time called me (i)ieanirg the laid 1 . D.) Cat-taw Willovghly, and at our (mean- ing the faid T. D. and Mrs. C.) comirg away his lordjhip (mean- ing thf faid Ea-l of Peterborough) gave particular order to his Jer'vants, that at -uhat timejcei'tr, day or n'sht, either M.'S. Cellier cr 7ryjtlf, (meaning the faid 1. T>.) Jhouid come to jfeak with his lordJh:p, -wefroc Id he jorthwith admitted, and then we (meaning the faid T- D. and Mr,.. C.) parted. . Sjme Jhort time after I (meaning the faid T- D.) -w-nt toxvait on hi s lordjhip (meaning F. 5 I^ the faid Earl ot Peterborough) /rcw th^ lady Powis * at mid- mght, to: dejire him (meaning the faid Earl cfPetei borough) to move the Duke (meaning the faid Duke of York) to get me (meaning the faid T. D.) zviih all expedition to the king Jor then I tvas ready. Abcut four days after ths, his Icrd/J./p Jent for me, and tcck me (meaning the faid T. D.) to the Duke (meaning the faid Duke of York) again who was in his clojet at Whuehall^ and the Duke (meaning the faid Duke of York) told me (mean- ing the laid 1. D.) I m ft prepare myfelf to wait on the king, and give his majefty a more particular account of the Prejhyterian plot„ than what the little btsok made mention of, -which book the Duke (meaning the faid Duke ot Y ovli) Jizid he had g'ven to the king, and that he (meaning the faid Duke of York) had Jo ordered the matte , thai 1 (meaning the faid T. D.) Jhould he furnijhed with ■money to enable me in the prsfecution thereoj, but his hghne/l (mean- ing the faid Duke of York) charged me to con/ider well my Jiory lejsre /(meaning the laid T. D.) waited on the king; then the Duke (meaning the faid Duke of York) told me (meaning the faidl. D) 1 had gained by my dd.gence a good reputation among the cathclicks, and that J (meaning the f/id T. D) fknuld highly •merU by myjtrvtces to that cau/e, adding that I (meaning the faid T.D.)jJxuld in a fkort timejce the catholick religion foimjh in ihe/e kingdoms, and herejy torn up by thi nots, and that he (m.eaning the faid duke of York) had heard of the props fal which had been made 7ne (meaning the faid T. D ) hy the Lords Pewis and Aruadelly nhout taking off the kinf, (meaning Our moft ferene lord the kiiig) and oj my rejvjal, and alja 7vhat I (meaning the faid T. D.) had accepted, touching piy lord Shajtfl'ury, and of all wy iran/adions in the Prfpyienan plot, Jaying ;« tkeje words, "viz. if you (meaning the laid T. D) value the religion you pjrofejs avd t/iy intereft, (meaning the.inteielt of the faid Duke of York) as you fay y:u do, and your future happinejs, take my advice (iTieaning the ad"ice of the faid Duke ot Yojk) and depend upon Indidmeiit* and luformatioiis for Sedition. upon my honour and intereftjor .^our advancement ; yau looii Itkt a wan of courage xnd zvit^ and therefore lefs dijcourfe i.ayjcrvt •ujitk yiu (meaning the faid T. D.) than another, jo iJiat f you zuiil but movt by the vicajbires whch J (meanin" the faicl Duke of York) •will ghe you (meaning the faid T. D.) yea JJjall not only cjcape •with Jajely, tut be rezvarded acccrd-vg to the great ne/s of your a::ior.s. To a'l ih:s J (mean^po; the iaid T. D.) replied, I (^meaning the faid T. D.) woidd Jland and -^all in deje-nce of the cathclwk religion, and hs hgh,:c/s\\/crvice, (^meaning the feiviceof the iaid Dul;e of York) end was not a little cuncervxd fr my rejvjalto kdlthe kmg, (meaning our moil feiene lord the king) Tvhom 1 (nneaniiig the faid T. D.) xvas then fatis fed hy my ghofily father, food condemned as an keretick, hut this /(meaning the faid T. D.) did cfftr, that if his hghnejs (meaning the faid l!)uke of York) w»uld command me (meaniiig the faid T. D.) to the atttmpt, I zL'ould not jail either to aciomplijh it or to lofe my life, upon zihieh the Duke (meaning the faid Duke of York) gave me twenty guineas, and j aid if I (meaning the faid T. D^) w;uld he hut vfgorstis m what * /(meaning the faid T. D.) had u.iidtrtaken* P. ^2' already, he (meaning the faid Duke of York) -would fo order it thai m^j lifejhauld not be in the leajl danger, adding in thefe w.-rdsy viz- -we art not to have men taken injuch daring aHions, hut to have them make an effeSlual dijhatch and be gone, upon which I (mean- ing the faid T- D ) toak my leave. Somejhort time after this, when I (meaning the iaid T. D.) was ready to convey the letters into Cdsiiel Man/el's chamber, J (meaning the faid T. D.) went to the Earl of Peterborough, who brovght me to the Duke, (meaning the jaid Duke of York) to whom I told hew I (meaning the faid T. D.) was ready to fix the letters in the Colonel's chamber, to which his highnc/s (meaning the faid Duke of York) anfumred, I -{^meaning the iaid T. D) muji make hajic, that I (meaning the laid T. D.) might be impivjered to make a general fearch of the like nature, for faid the Duke (meaning the -laid Duke of York) in thefe words, viz. Jince I (meaning the faid Duke of York) Jaw you (meaning the iaid 1. D.) /(?//, the lady f'cwis has in- frmed me (meaning the faid Duke of York) that there arc abundance cj letters and witnefes ready, Jo thai it is now high time to begin, by this tim.e there was /sme great man came to wait en the Diikx, fo I withdrew. About four days after this, -when 1 (mean- ing the iaid T. D.) had been pre (fing tar neftly with Mr. Secretary Coventry for a warrant, and cuuld not frtvail, 1 (meanincr the faid T. D.) 7A:ent to the lord Peterborough, and did dc/ire his Urd- fl.ip to m.ake application to the Duke, (meaning the faid Duke of ,Yoik) to uje Jome means f^r a warrant, to zuhiek his Icrdjhip (meaning the faid Earl of Peterborough) anfwcred, it was my fault that thn.e was not a zvarrant granted, and that the Duke (meaning the iaid Duke of York) raa^ fcnjible of my negleilijitt tt tnakc an affidavit, fo that vozv he (meaning, the faid Duke of York) did higm to doubt my courage,- Thomas Daiigirfeld" ' " In Indidments and Informations for Sedition. In manifeft contempt of the laws of this kingdom of England, to the evil example of all other perfons in the like caTe of- fending, and againft the peace of the fald lord the now king, &c. whereupon the faid attorney-general of the faid lord the now king, for the faid lord the king, prays the confideraticn, Plea to the ^^' -^""^ "*^^ '° ^'^*» ^^ ^^^ Friday next after the morrow ct jurifdiftion, the Holy Trinity in this fame term, before the lord the king that being at Weftminfter, comes the faid William Williams, by Simon fpeaker of Harcourt, his attorney, and having heaid the information afore- **J.^„^°"*^^ faid, faith, that he doth not apprehend, that the lord the now nions° he ^^"S' ^'~' ^^^ information aforciaid, in the court of the faid caufed it to lord the king, will or ou»ht to be anfwered, becaufe he faith, be printed that the matter in the faid information mentioned, to him the by theorderfaJd William Williams, in the form aforefa id charged, ought of the faid ^^ ^^ heard and determined in parliament, and not in the court e, ^£ ^^^ j^^^ ^j^^ ^^^ li\r\g here, and the faid William Williams further faith, that by the law and cuftom of the parliament of this kingdom of England, the Ipeakcr of the Houfe of Com- mons in parliament affemlaled, for the time being, (during the i^tting of parliament) according to the duty of his office, as a ■P* 53*miniltcr of the faid houfe, ought and * always hath been ac- cuilomed to fpeak, fjgn and publifh fuch proceedings of the faid Houfe of Commons, and in fuch manner and form as he by the faid commons fo aflfembled hath been ordered to fpeak, iign and publifh ; and that every fpeaking, ligning and pub- liftiing of any proceeding of the faid Houie of Commons, by the aforefaid fpeaker, by the order of the fald commons done in the form aforefaid, according to the law and cuflom of parliament, are the afts and deeds of the faid commons fo in parliament alfembled, and always have been accepted and taken as their fpeaking, figning and publilhing, and not as the proper a6ts or deeds of fuch fpeaker; and that fuch fpeaker lor fuch fpeaking, ligning or publifhing by him, by )he order of the fain commons in parliament affembled, done during the fitting of parliament, ought not to anfwer In any other court or place whatfoevcr, except only in the parliament. And the A pariia- faid W. W. further faith, that a certain parliament of the lord mentfum- Charles the 2d, late king, &c. by him the late king, in the due "^"ch*^ ^^d fn^nner, fummoned to btgin at Weftminfter aforefaid, on th- 31 ar.i . j^^j^^gy q£ Oftober, in the 31ft year of the reign of the faid late king, by different prorogations was continued, to wit, at Weilminfler aforefaid, until the 2llt day of October, in the 32d year of the reign of the faid late king, on which 21ft day of Oftober, that parliament at Wellminiter aforefaid was held, and there from that day until the loth day of January, in the 32d year aforefaid, of the faid late king did continue fitting ; and that the faid W. W. before the faid 17th day of Oc'tober,^ on the 31ft aforefaid year, &c. to wit, on the loth day of V Ofkobcr, Indictments and Informations for Sedition. Ocflober, in the 31ft year aforefaid, &c. was in the due man- Defendant jicr ele(5ted at the city of Weft Chefter, in the county of the *[*^'^'='^ /*"^ faid city, one of the citizens for the faid city of Well Chefter, j^'^g'^jj^.. ^^^ to fcrve in the faid parliament, and afterwards to wit, on thef^^id par- iaid 17th day of Oftober, in the 31II year of the reign ofliament. the late king aforefaid, at Weltminller aforefaid, the faid William Williams fo eledled in the due manner, was returned one of the citizens to ferve in the laid parliament, for the faid city of Well Chefter, as by the return thereot in the court of Chancery at Weftminfter aforefaid, remaining of record move fully appears, and during the whole time of the faid parlia- ment the faid W. W. was and remained one of the commons in the faid parliament, and that the faid W. W. at the faid feffion of parliament, held by prorogation as aforclaid, at Weftminfter aforefaid, on the 21ft day of Ocftobcr, in the Szd^nd wa» year, &c. aforefaid, at Weftminfter aforefaid, in the due man-elefted ner was ele<5led and appointed fpeaker for the commons in thefpeaker f©r faid parliament a/Tembled, and the faid W. W. fo continued'''" ^*"^' fpeaker for the commons in the faid parliament aflemblcd, until ™''^'* the diflblution of the faid parliament, and that in the faid feftlon of the parliament aforefaid, at the opening of the faid feflion to wit, on th,e 21ft day of 0<5lober aforefaid, at Weft- minfter aforefaid, the faid lord the late king addreffed the lords and commons then in the faid parliament aflembled, to pro- fecute the further examination of the Plot, with iirl&. and im- partial inquiry, and to them then and there faid that he did not think that he or they were fafe until that matter Ihould be finlftied. And the faid W. W. further faith that in the faid feflion of the parliament aforefaid, which at Weftminfter aforefaid, did continue until the lOth day of January, in the * 32d year, &c. aforefaid, both houfes of the faid parliament, « in the profecution of the dire' P^^^^i'"g hath alledged, and this he is ready to verify. oT Pariu! whei:cfc;e becaufe that th« matter aforefaid, was done by the ment, **'^ Indidments and Informations for Sedition. faid William Williams, as fpeaker of the Houfe of Commone in parliament affembled, by order of the faid Commons, in their houfe affembled, and fitting that parliament, and not otherwife, and not in any other manner, or at any other time, the faid William Williams prays judgment if the IokI the now king, to the information aforcfaid, in the court of the faid lord the now king here, will or ought to be anfv/CTed. To this the attorney-general demura, and the defendant j'^ned in demurrer, but -without argument jiidg>yicnt was entered for the king, and the defendant fined io,ooo/. it ts reported in 2 Shower 471. Rex againjl Barnadifton, Hilary, 35^«cf 36 Charles 2^. Roll 4^2,' Middlefex,*~T^]^Km, whereas a certain diabolical and tralter- Infarmatlon To wit. A ous plot and infurrc(flion of divers feditious and 'o*" compo- cvil-difpofed perfons, to kill and murder our lord Charles the''"^^^"'' 2d, the now king of England, and to fubvert the laws and the[*"^.^ fe'difj. government of this kingdom of England as now f)y the lawsous Llb«U, leitlcd and eftablilhed, had been difcovered. And alfo where- as one William Kufftl, efquire, and divers other perfons tor that plot and treafon by the due procefs of law, had been tried, convifted, and attainted, ami for ihe fame had been executed ; and one Algernon Sidney, efquire, in like manner was tried and convicted of the plot and treafon atorefaid : And whereas, upon the trials of the faid W. R. and A. S. William lord Howard of Efrick was produced witnefs on behalf of the faid lord the king to prove the treafon and plot aforcfaid : One Samuel Barnadifton, late of London, baronet, being a fcditi- ous and pernicious man, of turbulent and unquiet mind and con- verfalion, falfely, unlawfully, wickedly, malicioufly, and fe- ditioufly deviiing, praftifing and intending to biing and put fhc iaid lord the now king, and his rule and government, a?id alfo the publick adminiftration of juUice in this kingdom of Eng- land into hatred, Icandal and contempt with his i'ubject?, and to move, ftir up, and put difcord and fedition between the faid lord the king and his liege fubjedts, anrl alio among the faid fubjeds, and aifo to difqiiiet, molell and* difturb the peace of^ P. 5^» the faid lord the king, and the tranquility of this kingdom of ' England, and to conceal the plot and treafon afortfaid, and to yilify, fcaadaliie and deter the tvidence for the faid loid the I kins Indidments and Informations for Sedition. jfing in fllat behalf: and to fulfil, perfeft and bring to cffe^, nJs molt wicked, diabolical and deteftable devices, praftiles and intentions, on the 20th day of September, in the 35^^ X^'^'' of the reign of our lord Charles the 2d, &c. at the parilli of St. Michael, Cornhill, London, with force and arms, &c. falfe- ly unlawful] y,- unjuitly, malicioully, corruptly and leditiouflj did make, compofe and write, and did caufe to be made, com- pofed, written and published, a certain falfe, fcandalous and fe- ditious libel, berrrirtg date the 29th day of November, in the year of our Lord, 1683, in which libel among other things were contained, thefe faife, feigned, malicious, fcandalous, libellous and feditious Englifh fenteuces following, to wit, — " Sir, Th» 7eturn cfthe duke of M-^/nmouth to Whitehall, and his being received into extraordi nary J'aiotir by his maje/ly, hath made ajirange alter- ation of affairs at court, for thofe that before/poke of him very inde- cently, nczu court, cringe, and creep to him. Hjs Grace complained to the king of the Jcandalous mifreprefentation that was made of him in the Monday Gazette, upon xvhich the Gazetteer xvaz called to ac- count fir it, -who all edged fcr himfelf that a per [on of great quality Jent him in xvriting the zvords therein recited, commanding him to put them in the Gazette. 'I^efterday being the lafi day of the term, all the prifonsrs that rvere in the tower upon the Jham Prejhyterian plot (meaning the plot and treafon aforefaid) were difcharged upon bail. Mr. Brad /en who prof ecuted the murder of the Earl of RfftH \the information put in againji him in the King s-ic nek, by mr. At' jorney, for fuhzr nation, ?c^ was fict prrftciited, and his bail 7vas difcharged; and the paffing Jenunce upon the author of ffulian tht apojlate, and the printer of the late lord Rtiffel's fpeech, T^'tre paffed ever in Jilence. Great applications zoere made to his majtfly for th$ jpard^ming mr. Sidney in the tczuer, (meaning the faid Algernon Sidney conviifled as aforefaid) zuhich is believed zjuill he attained., and that he will be baiiijhed. The lord Howard, (meaning the iaid William Howard) appears defpicahle in the eyes of all men : He is un-ier a guard at Whitehall, and \as believed'] will b^ Jent to the tower, for that the duke rf M.onmouih, (meaning James duke of Monmouth) rviil accufe him concerning the tefiimony he hath given^ &c. (meaning the evidence upon the trial and convlflion of the faid W". R. and A. S- by the faid lord Howard, given as afore- faid). The Papifts and Tories art quite dozun in the mouth % their pride is abated, themjelves and their plot confounded, but their ma- lice is not afjuaged. 'Tis generally faid the earl of Effex zjt-'as mur- dered. The brave lord Ruffel, (meaning the faid William RulTel, for the confpiring aforefaid, convifted, attainted and executed as aforefaid) is afrejh lamented. The Plot, (meaning the plot and treafon aforefaid) islofl here \ except you rn the country cajtfindit out among the addrejfors or ahhorrers . This fudden turn is an a~ mazement to all men, and fnuji produce fome flrange event, which a P, til Jittle time zvill Jkezu." * And to fulfil, pcrfeifi, and bring to effcdt his moll wicked contrivances and intcmions aforefaid, the Indidments and informations for Scduion. t)i'« fjiid S. B. baror.er, aftcrwaicl?, to wit, on tlie 20th diy of December, in ttie 35th year of flie vagn ol ihe faid lord the now king, at the panlh of St. Michael, Coinhill, London^ aforefaid, falf'cly, unlawfully, corruptly, wickfedly, nialicioiifly, and fcdiiioufly did make, compofe and write, and did caufe to lie made, compofed, written andpublilhed, a certain other falfe, icandalou?, libellous und feditious libel, bea.iinj; d.-^te the lit day of Deem, in the year of our Lord, i68_^, in which libel amon^ other things were contained thefe falfcj ff*igned, Icandalous, ma- licious, libellous, and leditious Engliih fcntence?, following. — '* Dear, Sir, I am to anjxver your' s cf the iqth and i()th paji, and truly 1 cannzt but zu'th great Jorrj-w lament the lofs oj our qood friend, honed Sir JMn Wright, hut 7v:th patience wc mu/i fubmii I0 the Almighty, who can as zvell rai/e up infirurneJits to do hia vjork^ «; change hearts, of which wt have Jo great an inftance in the times tf the duke cf Monmouth, (meaning the faid Jarnes diilce of Mon- mouth) thit no age or hijtory can parallel. I am thoroughly Jath- fed 'that what was printed in the Monday Ga/.ette is utterly falfc^ and you will fee itfofhortly declared. The king is never pleafed but tohen he is with kirn ; hath commanded all ihe fyrivy-council to wait in him, and happy is he thiiat hath mfi of his favour. His pardon •was fealed and delivered him lafi Wedncjday. It's faid he will bt tefiored to be mafier of the hor/e, and be called into the council-table, end to all his other places \ and it is reported h$ will he- made cap- tain-general of all the forces, and lord hi^n- admiral ; and he treats ell his old friends that daily vifit h^m with civilities. They ars fa- tisfiedwith his integrity, and if God fpoi-es his life doubt not hut he •u'ill be an iiylruJKsnt of rntich gi^od to the king and kzngdfjm. Ha faid publickly that he kne-cu my Lrd Rufjel, (meaning the laid Wil- liam Rulfci, for the plot and treafon aforefaid, tried, convict- ed and executed) was a the * parliament ol this kingdom of- England) 7ict only may hut alfo ought to ufeit for pMicJafdy., yea they (meaning the lords and commons of this kingdom of England, in parliament affembled) fhould htt*-ay the -very trufi rep'fed in them by thefuvda- nientals of the kingdom, (meaning tills kingdom ot England) if they fjoould not. An authority Isi^iflative they have ; now to make laws and to prcfervc laws are aiis of the fame power, yea if thru powers (meaning the kings of this kingdom of England, and the lords fpirltual and temporal, and the commons of the fame affembleci) jointly have iniercfl in waking laws, furely either of thefe feiiiriUlj)lvivt and Qu,ght to ufe that jpixaer in ^re/erying them." Anrf Indi(5lments and Informations for Sedition. »■ And that in another place in the faid falle, libellous "urid ft- ditious book, among other thl-igs were coniain d thefe otlier falfe, lediiious aiid libeilo'is fentencej in thele Englilh words, to wit, " The two hi>uici (.iieaning the houies ol" Lords and Commons of this kingdom of England in parliament alTem- bled) in virtue ^f the kgijlu.ive authority in part rdidlng in thsm are invejied in the prejervation oj laws and go'vernment as well as the king (meaning the iaid late lord the king, and the other kings of thisjcingdom of England) and in caje the kmg J]iould mijem- floy that pozuer of arms to Jire/.gthen Jubverting i/:J[rurhenis, cr in cafe the laws and government be in apparent dariger^ the king refu- Jing to u/e the fi^ "d to that end of prejervuticn to zuhck it was tomtnitted to him, I Jay m ths cafe the two ejtates (tneaning the Lords and Comniv-ns of this kingdom of England in parlia- ment afTembled) may by ixtraordinary and temporary ordinances ajume tho/e arms wherewith the king is eniruj:ed and pn form the king's tru/t, and though fuch ordinances of theirs bs not frniaily legal, yet it is tminently legal, jiijitfied by the very intent of tht ArchiteSis of the government , when for tho/e ufes they committed theje arms to the king, and no doutt they may command thi Jir.n^th of the kingdom, to five the being of the kingdom, for ncm can reajonably imagine the archtteSionical Powers, -ahe-n they commiited the power f government, and arms to one to prcferve the frame they had compofed, did thereby intend to dijabls any much lefs the %wo tftates from preferving it in ca/s the king JhoulJ Juil-to do it, in this, lafi need, and thus doing the king s work, ;r ought to be inter prtt^d as done by his will, becaufe as the law is his will, Jo that the law fhould bt preferved in his zi'll; which he exp^e fed when he und'.rt'.ok the government, 'tis his deliherate will and ought to he done though at any time he oppofe by an after will, for that is his fuddcn will," And the laid aitomey-general of the f^iid lord the now king, for the faid loid the king fuither gives the court here to under- ftand and to be informed, that in another place in the laid falfe, malicious, fcandaioiis and ieditious book, among other things were contained thcfe other falit, fcariJalous, irditious and defamatory fentences in thefe Englilh wordi fcrouing, to wit, " Afirmatively I conceive three cujh when the other eft ate i may lojwfully ajlume the force of the ki,ioJ,,jm, the klxg (meaning the lord the late king and the other fucceliors of the faid i^te king) not joining or dijjenting though the fame be hy law comniitted to * hvn. Fiifi, when there is an mvafionafiuaUy ir.adi or immi- * P. 03^ nently feared by a foreign poxver. Secondly ^ when by an Intefilnt faSlion, the lazus andfrume of government are fcretly undermined or openly ajaulted ; in both thejl: ca^ei, the bevg oj the government being endangered their truji binds as to ajjiji the kingtnfecuring,f(i to jecure it by themjelves the king nfuftng In extreme nece£ilies ; tht liberty of voices cannot take rlace, neither ought a negative voice to hinder in this exigency, there being r.o freedom of deliberation and ehticc whin iht que ft; en :s about the lafi md, thilr (meatiing the K, ' lord* Indi6lments and Informations for Sedition: lords £nd commons of this kingdom of England in parliameiht affembled) afjymna the fword (in the/e cafes) is for the king, who/'e bhvg (en kin^) depends on the heing of the kinPdom^ and hc- m^ ijiterpretati-vcly his aSi, is no difparagement of his prerogatne, thirdly,' in cafe the fundamental rights, of either of the three e/tates hs invaded by 'me or both the reft, the -wronged may lawj-ully afjume for$e, becarfe elfs it -were tiotfne^ but dependant on the pleafure of the other. "^ And fhe faid attoiney-jiencral of the faid lord the now king, for the faid lord the king further gives the court here to underftand and be informed that the faid Henry Edes, afterwards to wit, On the faid 5th day of September, in the 36th year of the reign of the faid lord fhe king as aforefaid, at Chichefter aforefaid, in the county of Su/Tex aforefaid, falfely, unlawfully, unjuflly, v/ickedly, malicioiifly and feditioully in the prefence and hearing of divers liege fubjedts of the faid lord the late king, then and there being pre fen t, did fay, afferf, affirm, publifh, and with a loud voice did declare, " That the French king is in great pczvcr xvith his army, and that we (meaning the people of this kingdom of England) are in great danper of being mvaded^ hut if the lord the king (meaning the lord Charles the 2d, late king of England) would roufe the army of aniieut foldiers, (meaning the foldiers of Oliver Cromwell late then before a traitcrous ufurper of this kingdom of England) ih$n that zve (meaning the fabjed^s of this kingdom of England) vjould he fafe : and /(meaning him the faid Henry Edes) tvHl lay a -wager of an hundred pounds, that the French king next intends to invade and conquer us'' (meaning the fubjecfls of the faid king- dom of England). To the evil example of all others in like eafe offending, and againft the peace as well of the faid late lord the king, as of the lord tha now king their crowns and dignities. Whereupon the faid coroner and attorney, &c. &c. The defendant on a trial at bar, was ccji'ijiSied on this informa- tion, and after motion in arrejt cf judgment, tht court gave judg- ment for the king. The cafe is re^ujrted 2 Shower 468. * P. 64. * The King againjl Sorocold. Eafter, the 2d of James IL Information London, 7 ^HAT William Sorocold, late of Londoi^; wif ''*"' "^^ V^' ^ gentleman, not having the fear of God be- fore his eyas, but being moved and iedufecd by the i»lligatioii Indi(Slments and Informations for Sedition. »f the devil, on the 21ft day of January, in the year of the reign ot our lord Charles the 2d, &c. at London, to wit, in the parifh, &c. in the ward of harringdon uithoiit, within London aforefaid, falfcly, malicioufly and icditioully contriving and devifing, to move and ftir up difcord between the faid loid the king, and his Jiege iubjedts within this kingdom of Eng- land, and to move the faid loid the king to diipleafure an(l fufpicion towaids the parliament of this kingdom of England, ot and concerning the faid lord the now king, then and ihcre falfely, malicioully and feditioufly in the ];refcnce and heaiing of divers fubjefts of the laid lord the l^inj?,, did lay, " That before the 2i\th cf next ywne^ ?/ ihe kmg (meaning the faid lord the king) Wjuld permit the parliament (meaning the parliament of this kingdcm of England) to Jit, that he the f.iid William Sc-jrcccld did n • iiov. kir.-', and to expofc- rhe fald icrd the kin^ ar a r.-Ocl .i^^, '.lock, and todirainilli hi» 'm- pcriai dignity among hi? f.i )jecb, and to fulf.!, perfecfl, -^nd;* p y-^ bring ro efFtd- his mofi w'cked, * «ieftftabie a'":d diabolical in- ^' *'^' tentions albrefaid, the f^id E. H. "-n the Jay ot in the year, &c. at, &c. in the county, ^c having a diicv iirie with divers fubjcdls of the f-.d 'ord the now l:i..g, conccrni g the faid lord the now kir>7 ana a |)i<5ture of tl.e la' 1 loid the now king, impioiifly, maijcioully, faftioullj, ll'ditiuuHy, and in de- rifton of the laid lord the now king did lay, ^mbiiiti, and' with a loud voice did liec'a.e tnefe miliciour, fcanaaloiis, and op- probrious word; foJtr.ving, to wit, /, [meaning him le liid jE. K] wrll go andjee ihat comical fellow, [nieaning inden'..f .1 ihe faid lord the now king] drauin -up ; and thfa the I'nid Z. ll. af- terwards, to wit, on the fame day and year, at the faid town of New Windlbr, in the faid county of Berks, upon a ccitain other difcouric, with divers other liege and faithful fubjc<5ts of the fiid lord the king then and there had of and concerning the faid lord the now king, and of the faid picture of the faid lord the now king in the piefence and hearing oi divers perfons then and there prefent and hearing, of the faid lord the now king, and of the pifture aforefaid, malicioufly, impioully and in derifion of the faid lord the now king did fay, pronounce, and with a loud voice did publifh and declare, " That he (the faid E. H.) did not care if he (the faid E. H.) went and farw that comical felkzv (meaning in derifion the faid lord the now king) drawn up," againft the duty of his allegiance, in great contempt of the faid lord the now king, and to the evil example of all Others in the like cafe offending, and againft the peace, &c. &c. I'he King againft Harvey. Trinity, 3^ James id. Lincoln, ") "T^HAT Thomas Harvey, late of Spalding, jn the. . lowit, 3 •*- county or LTncciij, bricklaver, being a pernicjous f, ,. j,f^^^_ and feditions perfon, oi de-iraved .nind and imagination, and jng that the deviling, and falfeiy, maiicioully, and feditioully intending, duke of the peace and public trarquiliiy of the- faid lord the king and '^''<^"""<^"''' of his fubjeds of this kingdom of England, to difquiet, moleft"?V^!^y'' and difturb, and to move and provoke infujre P. 67«aforefaid, on the 31ft of March, in the 3d year, &c, after the death of the faid duke of Monmouth, at Spalding, aforefaid, iri the county aforefaid, having a difcourfe with one James O — . fent. and divers other fubjcdts of the faid lord the now king, leing then and there colledled of and concerning the faid James late duke of Morimouth, convifted, attainted, and executed for high-treafon as is aforefaid, he the faid T. H. then and there in the prefencc and hearing of the faid J. O. and of divers liege fubje(5ls of the faid lord the now king then and there prefent, concerning the iaid James late duke of Monmouth, attainted and executed for high-treafon as is aforefaid, falfely advifedly, Hialicioufly, and feditioufly, did fay, affert, publifli and de- clare, " '[hat iht faid James duke of Morimouth then was «,l'vve and Jiving^ and that then there were none but fools who believed that he (the late duke of Monmouth) was dead," and the faid J. O. £then and there anfwering the faid T. H.] then and there did lay to the faid T. H. " Ihat if he the faid 1. H. held at that rate, that he would refieSl upon the faid lord the king, and the privy- council of the faid lord the now king," whereupon the faid T. H. of his further malice, to the faid J. O falfely, feditioufly,^ turbulently, and faftioufly replying this in the prefence of divers fubjedls then and there prefent, did fay, anfwer, and with a loud voice did publilh, concerning the faid late duke of Monmouth, that " he the faid duke of Monmouth was alive, and in this life, and that all were fooh who believed to the contrary" Againft the duty of his allegiance, in contempt of the faid lord the now king, and of his lawf, and to the evil and per- aicjous example, &c. &c. Tlic Indl^lments and Informations for Sedition, ^e King againjl Watfon. Hilary, the 36th Charles II. L&ndon,\*^'iiikT Randolph Watfon, late of the pari£h,&c. Information To wit. J * being a faftious, irreligious, pernicious, and^o"" con- fcditious man, and devifing, prac^ifing, and falfely, malici- '*'"^'"°"' oufly, feditioufly and unlawfully intending the book of thegajnftthe common prayer, rightly, lawfully and pioufly eftabliihed and common appointed by the laws and Ilatutes of this kingdom of Eng- Prayer, an4 land, into the greateft hatred, contempt and fcandal, with ail°''S^"* '■ the liege fubje^s of the faid lord the king, to bring and*^ "'*" ' draw, and to fulfil, perfect, and bring to effeft his moft wicked, deteftable and diabolical intentions aforefaid, the faid Randolph Watfon then and there in derogation, depravation and contempt of the faid book of common prayer, wickedly, diabolically, analicioufiy and feditioufly in plain Engliih words, did declare, lay and publilh as follows, " The common prayer of' the church me innovations, it is too early now to have the organs, if I had thought of it there was fidlers at Tliomas Chandler's, (meaning the lioule of one Thomas Chandler, fituRtc in * the parifh afore-* P. ^% faid) I would have brought them down that you (meaning the fub- jefts of the faid lord the king then prefent) might ha've mujlck •with your prayers, (meaning the common prayers in the book of common prayer aforefaid contained) you that are fo hot in zeal^ that can be warm by the prayers of the church, may go and warm, yourjelves by them, (meaning the common prayers aforefaid) Jor they could never warm me, (meaning him the faid Randolph Watfon) /(meaning him the faid R. W.) dare aver that neither the laws of God or man can CQ7timand or require it (meaning the ufe 01 the prayers in the faid book of common prayer men- tioned and contained) of us ■, thofe that will have a may-pole,, jhall have a may-pole, and thofe that will have no may-pole, Jhall have no may-pole." In manifell contempt of the laws of this kingdom of England, to the evil example of all others in the like cafe oifending, ^Md »g»inA the peace, &c. Jndidmenfs IndiAinents for fcaudaliziiig Magiftiates, &c. Pidi^fments for fcandalizing Magift rates, and others, I. By Libels. 2. By Words. T. By Libels* f" ''lyublith- '^"''0'» X T?^ It remembered that Thomas Faniliaw, Icftiglit, inga fcan- To wit. j* -"-^coroner and attorney of the lord ilie kin^;, in the daious iibelccurt of the faid lord the liirg, before the king himielf, who OB a private for the faid lora the kii'_;iii this behalf pvofecutei, in his pro- ^h If"' "* fP^'^ perfon comes here into the court oi thi Ikid lord the l^ing, a Icwer before tlie king hin.ltif at Wcftminfter, on Mortd?.v acxt after the octave of St- Hilary, in this fame term, and for the faid lord the king gives the court here to un ieriland and to be informedj chat G. S. late of, 6cc. in the county of Surry, yeoman, being a perfon of evil name, fame and of inipious converfation, on the day, &c. in the 2x11 -year ot the reign of the lord Charles the 2d, king, &c, and •>« diver.? other Says and times beto:e, at, &c. deviling, intending and pradlifing to deprive one IT R. elijuire, ot his good name, fame and credit, and to bring the faid H. R. into the greateft hatred, fcandal, contempt and iafini", as well with the faid lord the king as with ail the liege fubjefts of the laid lord the king of this kingdom oi England, and to fulfil and perfedl his faid devices, intentions and pratftices, the faid G. S on the faid day of, &c. in the 2ift yt^i of the reign of the lord the now king aforefaid, at S. afoxefaid, in the faid county of Surry, a certain falfe^ malicious, fcandalous and libellous writing, againft che laid H. R. f.iuly, malicionfly and fcan- dalouily did frame and make, and in the name of the faid G. S. then and there did caule to be written and pubiifbed under the * p. 60.^'^"'" <^^ ^ * letter direfded to the laid H. iC, the tenoi of which writino^ follows in ihefc Engliih words and figures follow- ing, to wit, " 7hefefir, <^c." (reciting the whole writing ver- batim & literatim) and that the laid G. S. with intention to fcandalize the faid H. R. and bring him into contempt, the faid falfe, malicious, Icandalous and libellous writing, fo framed and made as aiorefaid, afterwards to wit, on the faid day and year aforefaid, and at divers others days and times ~then before, at, 64c. to divers fubje(5t$ of the faid lord the king then Indidmenis for fcandalizing- MagiflrateS, &c. then and there prcft-nt, falfely, malicioufly anti fcandalotifly did deliver and caufcd to be delivered, and did piiblilh, to the great fcandal, infamy, and great damage of him the faid H. R, and to the evil and pernicious f Tcample of all others in the like cafe ofi'ending, and againit th.e peace of the i'aid lord the Iting, his crown and dije,ni[y, &c. Whereupon the faid coroner- and attorney of the faid loi-d the king, for the faid lord the king prays the confiQeration of the court here in the prcmiffes, aid that due procefs cf law may be av/.-arded againft the faid G. S. in this behalf^ to make him anfwer to ihe faid lord the kin^, of and concerning the premifles, &c. whereupon the Sheriff ot the county of Surry is commanded thut he do not •mit, &CC. but that he caufc him to come, &c. to anfwer, &c. ^ot -guilty pleaded, venire facias awarded. The King againfi. Newton. Hilary, tbe ift of James the 2d. Roll -i^^. ^Ifbr^ ") nnO ht informed that Hugh ChoMey, baronet, on jnforjnatK ri To wit. ) JL t'he 3ift day of July, in t'he ;50th year of the for fixin;; a reign of the lord Charles th'ead, late king of "England, Sic /cnuialoMS and long before and contiriuaTly after until the 5th day of Fe- ''''!• ^^ bruary, in the 37th year of the rei<^'.n of the faid latfe lord the }^^.'''^*^y': iing, was lord of the manor of Whitby, in the coun'y ofy^^i^,^:*|, York, and one of the jullices of the l^aid lord the late king, rcfiefiin^' ' affigned to piefem-e t'he peace" oT tli'e falcl'lo'r^ tlie'lile k"'i'hg,"in"P'jn Sir H. the north riding of the county of York aforefaid, and alfo one 9- ^"^^ of ~ - ■ - ■ ~ . ~ . . . . the manor of the deputy iieutcnanis of the faid lord the late kicg, in the J^^.^ ^!^"'?'" Tiorth riding aforefaid, in th"e county aforefaid, and that the:.,;^;^,^ j,, ' faid Hugh Cholmley on the 31ft day of July, in the 36ih ..eace, and f, in the county aforclaid, by his cer-fiepucy lieu ind and leal, bearing dale the f lid '*"2"'^ '''■' 36th year aforelaid, did authorise one^'J^^ " , one of his s;ame- keepers within thehj„pinn z year aforefaid, at Whitby, in the county aforclaid, by his cer-fiepucy lieu= tain writing, under his hand and leal, bearing date the f lid '^"^""^ '''■' 31ft day of July, in the 36th year aforelaid, did authorise t)i'»e^'J^^jy"^^ Chriftophtr Wife to be one of his s;ame- keepers within thehj„^;„Jr a nra nor aforefaid, and the laid Hugh Cholmley, among -other g.ey.lioumi things by the faid writing did command the faid Chriflophertai.tn with- to'take and feize all grey-hounds which were ufed wrtlrin the" ^'^ *"** •inanor aforefaid, by any peribn prohibited by the fiacute mafle" in the 22d and 23d years of the fiid 'lord the hite kiing, and that the faid Chriltopher Wile fo being as afoiefHift, one of the ganfte-keepiers within- ihC mar.OT aforclaid, aTt;v, ") npHAT Nicholas Barbone, late of, &c. R. A.^^^j^^ent To wit. y -■- late of, &c. and others, &c. with divers other for con- maiefadors and diitiirbers of the peace of the faid lord the temptuous now king, to the number of one hundred perfons, to the ju- words, rors afortfaid as yet unknown, on the day and year, &c. as P^'^a'^' - rioters, routers, dilturbcrs of the peace of the laid lord the jhi^peacei now king, to diilurb the peace oi the faid lord the now king, at, &c. with force and arms, &c. unlawfully, riotoufly and routoufly did affemble and colle<5l thejnfelves, and fo being then and there aflembled and collected, a certain gate of the laid lord the king, commoniy called King's-gatc, llolbourn, the fore part thereof being at that time, with a certain bolt failened to one poll, and the hinder part of the gate afovefaid, being at that time hanging upon hooks in another poft, fixed in the parilli aforelaid, then and there violently, unlawfully, riotoufly, routoufly and injurioufly did lift off the hooks afore- faid, and then and there the gate aforefaid, forcibly, unlaw- fully, riotoufly, routoufly and injurioufly did throw and fet open ; and the jurors aforefaid further fay upon their oath atorefaid, that Edwaid Guife, efquire, then and as yet, one of the juftices of the faid lord tlie king, alfigned to preferve the peace in the county aforefiid, and alio, &c. then and there being piefent, with one W. C. then and as yet one of the con- ftablcs of the faid lord the king, within the parilli aforefaid, &.C. to noake his beft endeavour to fupnrefs the riot aforefaid, and to preferve the peace of the faid lOrd the king, the faid S. F. one of the rioters aforelaid, fo riotoufly and routoufly adTembled with the other rioters aforefaid, not ignorant of the premiffes, Indiflmcnts for fcandalizing Magiftrates, kc, premifles, but devifing, and mallcioufly and contemptuoufly intending, as much as in him lay, to take away and contemn the authority of the faid Edward Guife, and of all the other jiilUces of the iaid loid the king, within the county aforefaid, an I to bi'iDo the faid juflicc into contempt and hatred with the lic^e fubjtdts of the faid lord the king, thefe opprobrious and contemptuous Englifli words following, concerning the faid jultice of the faid lerd the king, in the prefence and hearing of divers liege fubjefts of the faid lord the king, then and there did fay, pronounce, and with a loud voice did publilh» to wit, " Ihircjhallhe no inorejuJtUes Img" and the jurors afore- fad, upon their oath aforefaid, further fay that the faid N. By and Others, &c. as aforefaid, riotoully, routoufly and imlaw- fully afltmbltd, not weighing the duty of their allegiance, but deviling and mslicioufly intending, not only to difturb the peace of the faid lord the king, and the public tranquility cf p ^ this kingdom of England, but alfp as much as in them lay, to ^* lh"» brin^ and draw the faid lord the king, into hatred, fcandal, difaffedion, dilhonour and contempt with all his faithful fub- jt^i ; on the day aforefaid, in the year aforefaid, at the parilh aforefaid, &c. of their wicked minds, malicioufly, fcandaloully, contemptuoufly and advifedly, in the prefence and hearing of di- vers liege fubjefts of the faid lord the now king, then and there prefent did fpeak, publifh and utter, of the faid lord the novf kin'^, thefe opprobrious, contemptuous, fcandalous, frditious Engliih words following, to wit, " that the king him/elf, (mean- ing the faid lord the now king) is but a tnfpajfer here" agairift the duty of their allegiance, ''n great contempt, Icandal, dif- honour, derogation and infamy of the Royal Majelty of the faid lord the now king, and in great contempt and derogation of the authority of the faid jultice, to the great difquict, ter- ror and fear of all the liege fubjeds of the faid lord the king, then and there dwelling and refiding, to the evil, pernicious 9nd bad example of all others in the like cafe offending, and againft the peace of the faid lord the now king, his crown and dignity, &c. The King againft Price Michaelmas, the 36th Charles the 2d. Inform4t*io«TAe/ow«^«fl?) 'THHAT James Price, late of, &c. '« the #or (c^nda- county of Ha- ( JL county, die being a perfon of evil difpo- lous words ^fyj^jfj ifr^ji^ r fuion, and a malicious brawler and flan- ffie 5 * To wit. ) derer of perfojis of good wl honeft converfi- peace. Iiidi£lnients for fcandaliz ing Magiftratea, &c. tlon and i^eputation, and alfo deviling and malicloiifly intend- ing one A. L. then one of the jiiftices of the fald lord the Jcing, afligncd to prefervc the peace in the county aforcfaid, and alfo to hear and determine divers felonies, treipaflcf, and other mifdeeds in the faid county perpetrated, to bring and draw Into the greateft hatred, contempt and fcandal, among the liege fubjedts of the faid lord the king, on the day and year, &c. at, &c. in the county, &c. falfely, malicioufly, fcan- daloufly, and of his mod wicked intention, thefe falfe, feigned, bdious and fcandalous Englifh words following, of and con- cerning the faid A.. L. openly and publickly in the prefence tnd hearing of divers liege fubje<5ts of the faid lord the king, then and there prcfent, f to wit, " thou (meaning the faid A.L.) f Did fay, art a bribing lu/tice of the peace." Whereupon the faid A. thenP"''''*'Pf<'- and there did qucftion the faid James, in thefe Englilh words J^^",^;;'^ ^"<* following, to wit, " /0;a; do you (meaning the laid James) ^fce,„ to {,» mean by that ?" to which queftion of the faid A. the faid J. wanting then and there did anfwer in thefe Englilh words, to wit, " thou^^re, they (meaning the faid A.) ka/t received bribes to my knowledge, (mean-^/"^ ""^ }^ ing the knowledge of him the faid J.) and I (meaning the f^id ^^ Jx °"*'"' J.) will prove it." To the great contempt, fcandal, reproach and diigracc of the faid A.L. to the evil example of all others, &c. againft the peace, &c. Whereupon the faid at- torney, &c. • The King againft Nofworthy. • P. 75. Eafter^ 36th Charles the 2d. ^'^^'; X "T^^J^? Wednefday, next after three weets ofinf^^mation To wit.) -1- li-auer, in the 33d year of the reign of our lord for refleft- Charles 2d, of England, &c. now king, &c. in the court of the ing words faid lord the king, before the king himfclf here, one Edward 'P°'^«n of Fitzharris, late of the parilh of St. Martin, in the fields, in p'p'^^^"""* the county of Middlcfex, gentleman, b^ the oath of twelved,^^ iuft^ci jurors, good and lawful men of the faid county, in the dueoJ"theK.ing'» manner was indifted for hi^h treafon, in traiteroufly compaf-Bendi, and iing, imagining and intending the death and final deftrudion^'^^/^^ of of the faid lord the king, and to change, alter and entireIy^[!''J''^S«sof i^' .. . . r- » . - _ ■'thatcourr, 'S K EA- of this kingdom of England, and to move and levy war, and^^*""? ^'.'2- rebellion, againft the faid lord the king, within this kingdom 1,1*^''^'^^"' «f England, and that afterwards to wit, on the Wednefday ntxtil^.h-Trea- alterton^ vrhtrc iiididnittits for icaiidalizing MagiftraTes, Sc. in great after one month of Eafler, in the 33d year of the reign of the partof.tl-fiiaid lord the now king afcrefaid, in the laid court here, came Kcord IS j^^ £-^jj Edward Fitzharris, in his proper perfon, and being demanded of the premifTcs above charged againft him, how he Would acquit himfelf, thereof, faid that he ought not to be compelled to anfwcr to the indictment aforefaid, becaafe he iaid that before the indiftment aforefaid, by the jurors afore- faiid, in the form aforefaid found, to wit, at a parliament of the lord the now king, begun and held at O."ford, in the coutity of Oxford, on the day of, tic. and in the year, &c, he the faid E. F. by the knights, citizens and bur- ^efles in the faid parliament affembled, in the name of them- selves, and of all the commons of England, according to the law and cuftom of parliament, of high-treafon, before the lords and peers of this kingdom of England, in the fame par- liament aflemblcd, was impeached, and that the faid impeach- ment at that time did lemain and exift in its full force and effeft, as by the record thereof, among the records of par- liament remaining did more fully appear ; and the faid E. F. then and there further faid, that the high-treafon in the indicl- ment aforefaid, by the jurors aforefaid, in the form aforefaid found, fpecified and mentioned, and the high-treafon, v.'hereof he the faid E. F. in the parliament aforefaid, then as aforefaid "was and ftood impeached, were one and the fame trealon, and not another nor different, and that he the faid E. F. in the in- di/- there prefent, § did fay, affert, and with a loud voice, d'\d /o-"''"^," puhlifh and declare of the faid court of admiralty, and alfo of ''^'^'".^° *'" the offir< rs and minifters of the faid court, and to and of they^^"""^ , faid E,-?. and others, &c. being in the execution of the faida^e not in M Z precept ihe original. Indictments for fcandalizing Magiftrates, &c. precept as aforefaid, " TTiat they the p^d R. S. and others, St. vjere ngue^, robbers and pirates, and ihut they the fa:d li. S- and others, &c, '•■ime to the hoy or /mack afore/aid, to rob." Ai.d iheB and there the f^iid J. C. did fpeak to the fervant's of the laid J. 1 The ire- ^' ^^^^ piticiit. and d'd commani them, " That t key Jh'Aild dravj cedent is their knives, atid fhould % (Ixy thje rogu.es, (nieaning the iaid K. S. with b ar.ksand the orh' rs, &:c. being in the exeiut'on of the precept *'i?'^'v''r' aforefaid) and that the court of admiralty zvas a r.guijh court, and ^ -ry a cheating court, and that allzuho bel' nged to that court -were rogues ^ • 19' and * Joois," (ireaning th j'>dve> and other offi ers rf the court *?^^^^ I' '^"** of admiralty atorefad). To the great contempt, fcandal, dif- Jome fuch i • x* ■ r l j • j r j • i j r thine r c^psragement and intaaiy ot the laid court oi admiralty, and of ©ommamled ^1^^ officers and minillers oi the faid conrt, to the evil and per- his fer. cicious example, &c. and againfi: the peace, &c. vaats. The King againfi Vavafour. JE^aJlsr, the 36,th Charles IL Inf»rtnitlonM'iddIeJ'e>r,y 'T'HAT a certain caufe was and as yet is de= for the like. Xo wit. y A pending in judgment, in the fupreme court of the lord the king, of the admiralty of England, wiihia the inn of the Lords Advocates, within the parifli, &c. before the venerable: and excellent man, the lord Richard Lloyd, kt. clo<5lor of l?.ws, furrogate of the honourable man, Leoline Jenkins, knt. do^or of laws, lieutenant-general and com- mifTary in the fupreme court of admiralty of England afore- i*aid, and of the faid court judge and prelident lawfully con- itituted, on the part of J. W. and R. his wife, executrix of (the lalt will and leftament of one Y^. D. deceafgd, againlt one-third part of the Ihip, called the William and Jane, of "which Ihip, Giles Daniel was malter, and the tackle and ap~ parclbelonging to her,' and againlt the laid Giles in particular, and all others in g< neral, pretending title or interelt in the laid one-third part of the faid fhip, and alio againlt one R. C. for his interefi: in two parts of the faid ihip, and of the tackle and apparel belonging to the laid Ibip, in three parts to be di- vided, and that in the faid court, in tne caule aforciaid, betore the faid judge, it was in fuch fort proceeded, that it was decreed ■by the faid court, that ike faid R. C. fhould have the polTefficjn ci the faid iliip delivered to him by the marflial of the faid couit, and that after^vaids to wit, on the day aud year, &c. at. Indictments for fcandalizing Magiflrates, &c. at, &c. a certain dl/courfe was had and moved, between one M. Vavafour, and divers other fubjefts of the faid lord the king, of and concerning the Ihip afoiefaid, and the decree and proceedings in the court of admiralty aforefaid, in the caufe .aforcfaid; and that the faid M. Vavafour of London, gentle- man, being a perfon of evil converfation, and a common dii^ turber of the peace of the faid lord the king, and fallcly, wick- edly, unlawfully and unjuftly intending, not only the faid Lcoline Jenkins, knt. dodor of laws, then and as yet judge of the laid court of the loid the king of the admiialtyof England, but alfo the jurildiftion and authority of the faid court of the laid lord the king, of the admiralty of England, efpecially to fcandalize, and to bring into hatred and contempt among the fubjefts of the. laid lord the king, then and there in the prefcnce and hearing of divers fubjetfts of the faid lord the now king, faliely and malicioufly did fay and affert, and with a loud voice did publiih thefe falle, malicious, icandalous, and opprobrious Englilh words following, to wit, " Let the ad- miralty courty and Sir Leoline Jenkins ^meaning the iaid court of admiralty of England, and the faid Leoline Jenkins, knt. judge of the faid court) kifs my arfe, (meaning the pofteriors of ^ie faid M. V.) / (meaning the faid M. V.) care not « turd for them, * (meaning the faid court of admit alty of Eng'and, and* p Oq the faid Leoline Jenkins, judge of the faid court) they (mean- ing the faid court of admiralty of England, and the faid Leoline Jenkins, knt^ judge of the faid court) have nothing ta do Ttith tke Jhip," (meaning the faid Ihip William and Jane). To the "reat fcandal and infamy of the faid Leoline Jenkins, judge of^the faid court of admiralty aforefaid, and of the ju- rifdidion of the faid court, in great con empt of the faid lord the now king,-, and of his laws, to the evil example, &c. I'he King againjl Forth. J^JtcTy 56 Charles the 2d * Mtddlefe.v,')VT^llA.T in the term of St. Michael, in \.\\^ "hb^^ ^^ref^^a^ To wit. j A year of the reign of the h^rd Charles the 2d, ing on ihe king, &c. in the court of the faid lord the king, before the jury wliich king himfelf, (the faid court being then held at Weftminfler.f""''"^ ^!" in the county of Middlelbx) one Algernon Sidney, late of the^^"^""!^ ^'l' ■ r, r o n T - • 1 n \i • 1 (• n /T- 1 II /- nev, elC|Uirc, panih 01 oi. JMartin in the fields, in the county oi Mjd(llelcx,guiity of eiquirCjhigh-treafon Indidlmetits for fcandalizing Magiftrates, &c. jtlijuirp, for Gcrtain high-trcafons touching the pcifon of the iaid lord the ting, in the lawful manner was indiacd, and af- terwards to wit, in the iaid term of St Michael, in the year aortfaid, at Weftminltcr aforefaid, in the faid county of Mid- dlefex, in the faid court of the faid lord the now king, the faid Aloern^n Sidney, by a certain jury of the county, between the faid lord the king and the faid Algernon Sidney taken, for the high-treafons aforefaid, in the due manner was tried, and afterwards convidled and attainted as by the recoidand proceed- ings thereof in the faid court more fully appears. And that Alex. Forth, late of the parifti of St. Martin in the fie ds, in the county of Middlefex, joiner, well knowing the premilTes, and being a perfon of evil name, fame and of unquiet conver- lation ini difpofition, and deviling, pra(5lifing and molt wick* cdly intending to difquict, moleft and difturb the peace and public tranquility of this kingdom of England, and to bring and draw the trial aforeiaid with the vcrdift thereon, for the faid lord the king againft the faid Algernon Sidney given, and the due courfe of law in that behalf, had as aforefaid, into the hatred, contempt and fcandal with all the liege fubjefls of the faid lord the king, and to pcrfuade and caufe the fubjcftft of the faid lord the king to believe, that the trial aforefaid \vas unduly had, and that the faid Algernon Sidney d'd unde- fervedly die, he the faid Alexander Forth afterwards to wit, o« the 29th day of November, in the 35th year, &c. aforefaid, at Wellminfter, in the county aforefaid, to fulfil, pcrfeft and bring to cffedt his moft wicked devices and intentions aforefaid, to one George Clifbv, gent, upon a certain difcourfe of and concerning the verdi<3, trial and jury aforefaid, with the faid G. C. had, in the prefence and hearing of divers Hege fubjefts of the faid lord the now king, then and there prefent, fallely, unlawfully, unjuftly, wickedly and feditloufly of the jury afore- faid, which gave the verdict aforefaid, againft the faid Alger- non Sidney for the high-treafon aforefaid, did fay, affirm, and * p. 5 1, with a loud voice did * declare as follows in thefe Englifh words following to wit, " God damn ail that is like your logger- head jury, that brought in a verd:Si (meaning the verdift afore- faid, againft the faid Algernon Sidney for the faid high-tteafo* aforefaid) which they had no evidence for " And the faid attor- ney-general of the faid lord the now king, for the faid lord the king gives the court here to undetftand and to be informed, that the faid Alexander Forth afterwards to wit, on the ift day of December, in the 35th year, &c. aforefaid, at Weftmin- ller, in the county aforefaid, of his further malice, and to fulfil, perfe6l and bring to effedl, his moft wicked devices and intentions aforefaid, upon a certain other difcouife of and eonccrning the veidl(fi: aforefaid, given againft the faid Ai- gerijon Sidney, for the high-treafon alortfaid, and of and con- cerning the jury aforefaid, w^ith the faid George Clilby then and there Indi(ftment8 for fcandalizing Magirtrates, &c. tlicrc had; in the prefence and hearing of divers liege fubjefls df the fa id lord the king then and there preient, falfcly, uto- lawiuily, unjuftly, wickedly and fcdiiioufly ot the jury afore- faid, which gave the verdift aforefaid, againft the i'aid Algei'- Bon Sidney for the high-treafon aforefaid, did fay, utter, affirm, «nd with a loud voice did decline, " That the fury ukich gave fheir verdzfi afcrefmd, that the [aid Algernon SiJney was guilty of the high-treafon afort/utd, agtiinft thejaid lord the n'tu king, -were a loggerhtadcd fury, andgwut their vtrdiil aforefaid., jet -which they had no evidtnce'* In contempt of the faid lord the now king, and of his laws, to the evil and pernicious example, dec. and againlt the peace, &c. whereupon the iaid attorne/f &c. ^he King againft Holkins; Hilary^ the 34th and 35th of Charles IL 'T «;♦ 1 npHAT Peter Holkins, of Iverton, in the county Informatloii 10 wit. J. X of Doifet, aforefaid, gentleman, being a per-[;^^ ^J^^^^^ fon of unquiet and turbulent fpirit, not weighing the duty of ^3^1"^,^ his allegiance, and entirely withdrawing the cordial love, anderiito', anj true, due and natural obedience which every true and faithful others, for fubjeft of the faid lord the king, towards the fald lord the kin)4*'^*^"^'"C his fupreme and natural lord, (hould and of right ought to bear ;* "^ *""*• and dfviiing and intending the moft noble lord the Earl of Brif- tol, Thomas Strangeways, efquire, Robert Coker, efq. George Rivee, efquire, George Fulford, efquire, WilHan) Strode, efq. £dward Mtller, efquire, and divers other iaithful and HfgC fubjefts of the laid lord the king, who lately had ligned a cer- tain addrefs to the faid lord llie king, giving thanks to the faid lord the king, for a certain declaration ot the faid lord the king, lately publiftied by the oiderol his majefty, to fatisfy all" his fubjcfts, of and concerning the di/Tolution of feveral par- liaments by the faid lord the ting lately called and aflVinbled ; to fcandalize and them into hatred and fcandal with the fubjefts of the faid lord the king, endeavouring to bring, on the 17th day of October, in the 33d * year, &c. with force and arms, » p 0^ *6. at Woolaad in the county aiorefaid, then and there hav- "' "2' Lag Indi£lment5 for fcandalizing Magiftratcs, &c. iiig a difcourfe with one Robert Coker, jun. and Benjamm Coker, gent, of and concerning feveral addreffes to the faid lord the king prefented, he the laid Peter Hofkins then and there in the prefence of the faid Robert Coker, jun. and Benjamin Coker, gent, and of other fubjtits of the laid lord the king, then and there prefent, openly and piiblickly with a loud voice maliciouflj, contemptuoully, Icandaloufly, feditioufiy and llan- dcroully of the faid addreffors did fay, publifli, pronounce and declare in thefe Englilh words following, to wit, " That none hut fc'As and rogues ^meaning the addrcflbrs aforefaid) did ad' drefs." In great contempt ot the faid lord the king, to the «vil example, &c. and againll the peace, &c. Tht deftndmt was found guUty, andfimd one hundred marktf. ludi^menu Indidmeiits for Confpiiacies, "****•»?*$» IndiSiments for Confpiracies, The King n^ainji Turner and others. Trinity, 26ih of Charles the id. rj, j^ I ^HAT Randolph Turner of Framllnoham, in J;[°™J'i°_'* ' y A the county of Suffolk, yeoman, £i>zabeth ^^^""l^glg"^ Tuiner, wife of the faid Randolph Tamer, Richard Butcher, a "pcrf.n late of the parifh aforefaid, in the coiinty aforefaid, yeoman, with ht-ing and Francis Carlowe, late of the parilh aforefaid, in the '^^'^ ^^th^r CO iity afortfaid, being perfons of ^evil name and fame and°'^^^ ', dilliorielt converfation, on the 2d day of February, in the j^otlirr 26th year, &e. at Framlingham, in the county aforeiaid, toge- man's wif?. ther among themfelves, unlawiully did confpire and combine, the good name, fame, credit and reputation of one George Green, without any caule to Itam, deilroy, deprive and de- file, and falltly, malicioully, and for the fake of wicked gain, to charge the laid George Green with the crime of adultery iviih the laid Elizabeth Turner, the wife of the faid Randolph Turner, and to bring and draw him the laid George Green into the gre?;tert hatred, Icandal, infamy and reproach, and into the greateft confi»>fion, trouble and anxiety of mind, and aillb to obtain and e:ctort into their hands great fums of money iroin the laid George Green, by unkvvful cozening ways and means. And the faid attorney-general of tiie faid loid the king, for the laid lord the king further gives the court here to underJland and be informed that they the faid Randolph Turner, illizabcth Turner, Richard Butcher ar.d Francis Carlowe, in execution of the premifTcs, and according to their confpiracy, combiiiadori and *' agreement aforefaid, afterwards to wit, on the 2d day of # p o^ February, in the 2^-ih year, &c. and at divers other days and " '^' time?, as well before as after, at Kranillngham aforefaid, in the county aforefaid, and in divers other jduc'es in the faid county falfely, unlawfully, malicioiifly, diabolically and lor the l"al:e of wicked jjain, in ihc hearing of n.aijy ot the lie^c fubjer^f Green, that he the faid George Green then lately before had carnal knowledge of the body of the faid Elizabeth Turner, and had carnally known the faid Elizabeth Turner, and thit he the faid George Grf-en was the reputed father of a certain fpurious chilfl, born of the body cf the faid Elizabeth Turner, to the great damage, fcandal, infa- my and reproach of the faid George Green, to the evil exam- ple, &c. and againft the peace, dec. The King againfi Crifpe, and others. Michaelmas, the 33d of Charles the 2d. InfcrmatVn Lo7:don, ') »~p O be informed that John Crifpe, late of Lcn- for cnte ing-jf) ^vJt^ y ^ don, efqiiire, John Knap, of London, wax- J"^Cyj ^"1^^ chandler, Francis Chambeilin, of London, apothecary, and fpiracy and '^^^"''^5 Sandford, of London, falter, on the ift day of Ofto- combinati- ber, the 33d year, &c. and for a long time before and continu- ©n to en- ally afterwards, until the day of the exhibition of this infor- grofs and nation, at the parilh of St. Michael, Cornhlll, London, ufing a!l thc^vT-*" ^""'^ ^""-^ ^^ them uiing the art and myflery of a falter, and triol in l^en and there being, and each of them being a common buy- London, er and feller of vitriol ; they the faid J. C. J. K. F. C and T. S. then and theie fa'fely, unlawfully, unjuftly, wickedly and deceitfully did devile and conJpire among themfelves for thtlr private gain to acquire, obtain and engrofs into their hands and pofrcflion all the vitriol made and manufaftuied, or then afterwaids to be made, for the fpace of divers years then to come» by the workers and proprietors of the vitriol works in and about the city of London, to make a monopoly thereof, and to encreafe ajid make at their pleafiire and will the price of luch vitriol, being a commodity very ncceffary and requifite for the dying of cloth, and for other neceffary ui'es, and to fulfil, perfecl, and briiig to ei}'e(5t their moft wicked devices, practices, tonfpiracies and intentions aforefaid, they the faid J. C. J. K. r. C. and T. S. alterwards to wit, on the faid ill day of 0(5t. the 33d year, &c. aforefaid, at the parifli of St. Michael, Corn- hill, London, aforefaid, falfcly, unlawfully, unjullly, fiaudulently and dcceitfiilly did conlpire, combine and agree, and a certain de- ceitful, bad and unlawful bargain, contrarefaid, did perfuade and lolicit ilie faid R. 1^. to dcpofit and trull his eltate and monies into the hands of the faid L. N- upon which iblicitatiors and perfuanons of the faid L. N. ihe faij R. B. then and there did depolit and trull his eftateand monies to the value of iSoo/. in the hands of the faid I.. N. (the faid L. N. then and there falfcly, unlawfully and deceitfully afRrming to the faid R. B. that he the faid L. N. would fccure the eftate and monies aforefaid, for the £:iid R. B,) And the Coroner and Attorney of the faid lord the king, for the faid lord the king further faith, that the faid I.. N. B. G W. B. and H. L. afterwards, to wit, on the faid ift day, &c. in the 27th year, &c. at, &c, in, &c. aforefaid, by their nioft wicked confpiracics, devices, pradlices and perfuafions afort^faid, among them had as aforefaid, unlawfully, fraudulently, unjiillly and deceitfully, the fum of 600/. and another fum of 500/. and another fum, to wit, the fum of 120c/. from the faid R. B. did receive and have, and ro their proper ufe did convert and difpoie, and eack and every of them did convert and difpofe, and alfo one writing obligatory under the hand and feal of the faid R. B. of the pe- nalty of 1200/. conditioned for the payment of 6co/. and the faid L. N. and others, &c. by their praftices, confpiracics and perfuafions aforefaid, falfely, unlawfully, unjuftly, fraudulent- ly and deceitfully then and there, the laid fcveral fums from him the faid R. B. did receive, have and enjoy, and in further profecutlon of their intentions, practices, devices and coufpira- cies aforefaid, he the faid L. N. diabolically intending the death of the faid R. B. afterwards, to wit, on the faid ift day, &c. in the 37th year of, &c. at the parifh of St. Martin in the Fields aforefaid, in the faid county of Middlefex, wilfully and of his malice aforethought, a cenain poifon called arfenick in- to a certain drink then and there prepared for the drinking of him the faid R. B. the^ and there privately did put and mingle, and then and there did perfuade the faid R. B. to take and drink the faid drink, by reafon of which perfuafion, the faid R. B. afterwards, to wit, on the faid ill day of, Sec. in the 27th year, &c. at the parifh of St. Clement Danes, in the county of Middlefex aforefaid, the drink aforefaid, with the poifon a- forefaid, mixed as aforefaid, not knowing or fiilpefting that the faid drink was mixed with poifon, did take and drink, whereupon the faid R. B. immediately after the taking of the poifon aforefaid, did languifh and remain in danger of his *iife, ^ p for the fpace of three months then next following, to the great * • 9^-. damage of the faid R. B. to the evil example, &c. and againfl the peace, &c. tec, O 2 The Indidments for Cheats, Deceits, &c. The King againjl Wilcox. foSatin"-^^^'^''^ I'T'^-^'^ Stephen Wilcox, late of London, yeo- a perfon of ^^ ^'^* 3 -■- man, Hugh Bookey, of; &;c. Sufannah. Boo- good .under key, of London, fpinfter, otherwire called Sjfannah Bookey, pretence of the v/ife of the faid Hugh Bookey, and Jofeph Harrifon, late «he""^ of London, yeoman, being peifons of d.fhoneft converfatlon, and not intending to obtain their living by honeft labour, ac- cording to the laws of this kingdom of England, but com- pafiing and dally deviling how by unlawful means they mii^ht obtain and acquire into their hands and pofleflion the goods and chattels of the honeft liege fi'bjcfts of the faid lord the king, for the maintenance of their unthrifty courfe of living, on the iZjd day of July, in the 31ft year of the reign of the lord Charles the 2d, the now king, &;c. with force and arms, &c. at London, to wit, in the parifh of All-Saints, Lombard ftreet, in the ward of Bifhoplgate, Lond»n aforefaid, they the faid Stephen Wilcox, by the name of Thomas Brown, Hugh Boo- 3rcy, and Suiannah Bookey, under colour and pretence of buy- ing from one John Dutton of Stoke- Nayland, in the county of Suffollc, ftay-maker, 650 yards of cloth, called fttiff, of the value of fifteen pounds, lixteen Ihillings, of the goods and chattels of the iaid J. D. the faid 650 yards of cloth, called dftuff, out of the hands and cuftcdy of the faid' J. D. into th^ hands and pofTeffion of them the faid S. W. by the name of T. B. Ho B. and S. B. then and there falfely, unlawfully, frau-' dulently and deceitfully did obtain and acquire, and the faid J. D. of the faid 650 yards of cloth, called ItufiF, then and there falfely, unlawfully, fraudulently and deceitfidly did de-^ ceive and defraud, to the great damage and manifeft deceit of the faid J. D. In contempt of the faid loid the king, and of iis laws, to the evil examjple, &c. and againft the peace, &Co Th' Indi£iments for Cheats, Deceits, kco The King againfi Arnope. Michaelmas, the 36th Charles 2d, Ro/1 17. iIVES the court here to underftand and to be InformatleB for a cheat 7/^ IVES the court here to underftand and ^^ °^ l^l°[^{^^^ y VJT informed, that John Arnope, late of the P*' with falf" ri£h of St. Alaitin in the fields, in the county of Middleftx.cards, at the oent. Nathaniel Oldfield^ late of the paiiih aforefaid, in thcgame of ing perfons * of dilhoneft c'onverfation, and common gamefters, pniTaRe with falfe dice and cards, and falfe play, and perfons of evil name * p, g^, and fame, and dlfhoneil converfation, and common cheats and deceivers of the liege fubjecfls of the faid lord the king, to maintain their unthritty courfe of living, on the ill; day of Fe- bruary, in the 35th year of the reign of the lord Charles the 2d. king, &.C at the parifti of St. Martin in the fields, iu the county of Middlefex, and devifing, pra61;lfing and falfely and fraudulently and deceitfully intending, one Arthur Squibb with cards and falfe play, craftilly, fubtily, falfely, unlawfully, unjuftly, fraudulently and deceitfully to deceive and delraud, and divers fums of money from the faid Arthur Squibb, with the cards aforefaid, and falfe play, craftily and fubtilly, falfely, fraudulently and deceitfully to acquire and obtain, the faid A. S. then and there to play at cards with the faid J. A, N. O. G. W- and W. O. at a certain unlawful game, called whift, for divers fums of money, then and there falfely, unlaw- fully, unjuftly, fraudulently and deceitfully did folicit, ftir up, prof oke and procure, by which felicitations, ftirringi. up, pro- vocations and procurements of the faid J. A. N. O. G. W. and W.O, he the faid ft. S. then and there with the faid J. A. N. O. G. W. and W. O. at the faid unlawful game, called whift, did play for divers fums of money, and that the faid J. A. N. O. G. W. and W. O. at the faid unlawful game, called whift, 'then and there with falfe cards, and falfe play, the fum of eighty pounds, of the lawful money of England, of the mo- nies of the faid A. S. from the laid A. S. then and there, with force and arms, fubtilly, falfely, unlawfully, unjuftly, fraudu- lently and deceitfully into the hands and poffeflion of them the faid J. A. 'N. O. G. W, and W. O. did acquire, have, obtain and carry away ; and the i'^iA. coroner and attorney of the fa'd lord P.93- Indidments for Cheats, Deceits, &c. lord tlic ting, for the faid lord the ting gives tlie court here to underltand and t© be informed, that the faid J. A. N. O. G. W. and W. O. afterwards to wit, on the faid ift day of February, in the 35th year, &c. at the parilh aforefaid,. in the county af(irefaid, to fulfil, pcrfeft and bring to effc(5l their moft wicked oraftices, devices and intentions aforefaid fubtilly, falfely, unlawfiUy, unjuftly, fraudulently and deceitfully the iaid A. S. then and there, to play at dice with the faid J. A. N. O. G. W. and W. O. at a certain unlawful game, called " Pajjage" for divers f.ims of money, faifely, fubtilly, unlaw- fully, Iraudulently and deceitfully did foliclt, ilir up, provoke and procure, by which folicitations, llirrings up, provocations and procurements of them the faid J- A. N. O. G. W. and W. S. he the faid A. S. then and there at the faid unlav/ful game, called " Paffage" with the faid J. A. N- O. G. W. and W. O. for divers fum-. of money did play, and that the faid J. A. N. O. G. W. and W O. at the faid unlawful ^ame called Paflage with the faid A. S. did play, and that the laid J. A. N. O. G. W. and W. O. then and there, with falfe dice, and by unlawful flurring or throwing of the dice aforefaid, and with other falfe play, the fum of eighty pounds of the lawful money of Eng- land, of the monies of the faid A. S. from the faid A. S. then and * there, falfely, fubtilly, unlawfully, fraudulently and de- ceitfully, into the hands and poffeffion of them the faid J. A. N. O. G. W. and W. O. did acquire, have and obtain, and each and every of them did have and obtain, to the manifeft deceit, damage, impoverifhment and ruin of the faid A. S. to the evil example of all others, &c. againft the peace, &c. Whereupon the faid coroner, &c. The King againft Betfworth, and others, Michaelmas, the 2d of James the 2d. Information T > ^ T^HAT Arthur Betfworth, of, &c. and J. C. for the like, ' i* •*■ of. &c. being common gamefters, with cards, viith falfe 'falfe dice, and falfe play, and perfons of evil name and fame, dice, at thegnd dilhoneft converfation, and common cheats and deceivers of game of ^j^^ jj^g^ fubjeds of the faid lord the king, of their good?, chattels, and monies, to maintain their wicked courfe of living, on the day and year, &c. and divers other days and times then before, at, &c, deviling and fraudulently intending one Jafper ' Motterlheasj Indidments for Cheats, Deceits, &c. Motteifhead, with fal£e dice, and falfe play, unlawfully, falfeljr and lubtilly to deceive and defraud, and divers fums of money of him the laid J. M. withfalfc dice and falfe play, unlawfully, craftily and deceitfully to acquire and obtain, him the faid J. M. then and at divers other days and times then before, there in the parllL atorcfaid, to play at dice with the faid A. B. and J. C. at a certain game called hazard, and at the divers other games, for divers iums of money, then and there, and at divers other days and times aforcfaid, f.ilfcly, unlawfully and deceit- fully did folicit, Itir up, provoke and pi ocure, by which foU- citations, itirrings up, provocations and procurements of the laid A. B. and J. C. he the faid J. M. then and there, and at divers other days and times then before, there in the parifh afoiefaid, &c. at the faid game, and at divers other games, with the faid A. B. and J. C. for divers fums of money of the faid J. M. did play, and that they the faid A. B. and J. C. at the play aforefaid, called hazard, and at divers other games at dice, with the faid J M, then and at the divers other days and times aforefaid, with falfe dice and falfe play, the fum of two hundred and fifty pounds in money numbered, of the monies of the faid J. M. from the faid J. M. then and there, and at divers other days and times, lubtilly, fraudulently, faliely and deceit- fully into the hands and poffeffion of the faid /\. B. and J. C. did acquire and obtain, and the faid J. M. of the faid fum of money, then and there falfely, unlawfully and fraudulently did deceive and defraud ; to the manifelt deceit, impoverilhment, and great damage of the faid J. M. in great contempt, &c. t* *he evil example, &c. and againft the peace, &c. The King againft Taydler, and others, * P. 94. To wit. 1 T'HAT John Taydler, of the parlfti of Mabe, information ) -■■ in the county of Cornwall, gent. Thomas for a ch^at, Taydler, of the fame, gent. Avis Taydler, wile of T T. ofby drawing the fame, gent. Guideon Tray mane, of the fame yeoman,^ convey. Robert Pellow, of the fame, yeoman, being perfons of evilf"*^^ '° lamc, and dimonelt converlation, and common nc-^,fp,rr,g ' quentcrs of unlawful conventicles, and devifing, ^iraftifing, leafchold and falfely, unlawfully and deceitfully intending one Gertrude eAates, of Crowgy, widow, and Gertrude Crowgy, her daughter, to de- *^° women ccive and defraud of certain tenemt-nts of the clear J^^^^y^^^^l'^^' ▼alue of fcvcntjr pounds, lying in Mabe and Conllanton, in them^fo the execute u, indi(5lments for Cheats, Deceits, &c. pretending the county aforefaid, whereof they the faid G. C. and G. C ^' "^-'^^^''y as executrixes oi" the kit will and teftameni of one Richard women ani ^'^^^''fe^' ^'^^"^^ po^'^^'^d for ffcveral terms of years, as yet to afte:w.rds co«ie, and unexpired, and to fulfil and perfect their molf wkk- ciaiir.ing cd contrirar.ccs, pra(ftices and intentions aforefaid, they the and pofTef- faid J. T. A. T. T. T. G. T. and R. P. on the 2lft day of ^"*^ ''^^ December, in the 33d year of the reign of our lord Charles the defend- ^'^^ ^'^' ^'"S' ^*^- ^' •^- aforefaid, in the county aforefaid, ants iwn falfely, fraudulently, unlawfully, fubtilly and deceitfully, and proper uf'is. v/ithoiit the knowledge or confent of them the faid G. C. widow, and G. C, her daughter, did make and procure a cer- tain writing to be drawn, written and prepared, the tenor of which is in the form* which follows, to wit, " This indenture inade the zift day of' Dxemhr, anno Domini 1681, in the 'Midyear of the reign of our fo'vereign lord Charles the td, by the grace of God, king of England, Scotland, France and Ireland, defender of thf faith, Iffc. Betzvcai Gertrude Cro-wgy, of the parijh of Mahe^ in the county aforefaid, widow, cf the one part, ajid John Taydkr, of the parijh of Mabe, gent, and Thomas Taydkr, of the parijh of Male aforefaid, of the other party, Wunefjeth, that the faid G. C, for the conf deration of the natural love and afft^ion which fhe hath and doth bear unto the faid jfohn Taydler, atid T T. hath given, granted and fijjigned, fet over and confirmed, and by thsje prefents doth give, grant, affign, fet over and confirm, unto the faid J. T. and T. T. all that her moiety and Halfendale of all tho/e her mef- fuages, lands and tenements, with the appurtenances, called Chinow- eth and Tronoweth, zcithtn the parijh of Mabe aforefuid, Treglifh •with Wartha, in the parijh of Conjlanton, in the faid county, toge- ther with all the right, ejiate, title, claim and' demand of her the faid G. C. of, in or to the fame or any part thereof, (except as in the feveral leajes is excepted J to have and to hold all and Jingular , the faid ajfigned Prc?rJjfes, zvith the appurtenances (except before excepted) u7ito the faid f. T. and T. T. their executors, adminflrators and affi((nsy for and durng all the rejidue of the faid term or number if years yet to come and unexpired, of aiid in the feveral and refpetlive leafes af or if aid ; they the /aid f. T. amd T. yielding and paying unto jp P. (\t the landlord and Undlords of the feveral a.nd rcfpeQive premiffes, * * the rent, duties and frvices from henceforth, due and payable for the fame; and the fa'^d G. C. doth for herfelf, her heirs, executors and adminifirutors, und for every of them, covenant, grant and proynife to and with the /aid J. T. and T. T. their executors, adminifirators and ajfigns, and to and with every -of them, that they the faid J. T^ and T. T. their executors, admimflrators and affigns, fhall and may quietly and peaceably have, hxdd, occupy and enjoy all and ftngidar, the laid vremijjes, (except before excepted) in manner and for^n afore- faid, and during the feveral terms af or faid, and that zvithout the lawfd .et, trouble, charge or incumbrance of her th faid G. C. her fK^iulirs, admi7iifiratin ir offig^-h ^^ ^-'y ^^ f-''^'^^' ^/'/AfW. In wit- Ttefs Indi HpHAT Thomas Baker, of Strcatham, in the for fraudu- ' y X countj of Surry, cleric, on the 9th day of lently get- May, in the 36th year of the rei^n of the ic rd Charles the 2d, ting lato late king of England, &c. at S. aforefaid, in the county afore- his hands />•,,*>,. .*. ■ i- , • 1 1 o 1 j r bisownbond^3'^« by his wriiinji obligatory, bearing date the_8th day ot for locl. toMay, in the year of our Lord 1(^2, and in the 34th year of the one How. reign of faid late lord the king, lawfully figned and fealed, land, and under the hand and feal of the laid T. B. did bind himfclf to ^^'►^vf'r^f John Howland, ofS. aforefaid, efquirt, in two hundred pounds, Bart lliercol ''r 1 t -try r }, , ^ 1 -j l 01 the good anQ lawiul money 01 unglana, to be paid to the iaid John Rowland, or his cc-tain attorney, or his executors, adminiltrators and affit^ns, to which payment well and faithfully to be made, he the faid T.B. did bind himfelf, his heirs, execu- tors and adminiftrators firmly by the prefents aforefaid ; and the faid coroner and attorney of the faid lord the king, for the faid lord the king further gives the cosirt here to underltand and to be informed, that the faid T. B. afterwards to wit, on the faid 9th day of May, in the 36th year, &c. aforefaid, well-knowing the premifies aforefaid, at S, in the tounty of Surry, contriving and intending him the faid I. H. in that behalf, to deceive and de* li'aud, and the v/riting obligatory aforefaid, to caufe to be of EO force and effeft, falfely, iinlavi' fully, fubtily and deceitfully the writing obligatory aforefaid, into the hands and polTeffion of the faid T. B. with force and arms did obtain, and then and there with force and arms, &c. falfely, unlawfully, unjulHy, fraudulently and deceitfully, without the permillion and againft the will of the faid I. H. the writing obligatory aforefaid, greatly did obliterate ; and then and there, with force and arms, lalfely, unlawfully, unjuftly, craftily, fubtily, fraudulently and deceitfully, tliefe Vvords following to wit, ''■My heirsy exc" ciders and adminifiratcrs," from the writing obligatory aforefaid, did put out, blot out and obliterate to the great deception, prejudice and injury of the faid I. H. to the evil and pernici- ous example, &c. and againft the peace, &c. whereupon the i«id coroner and attpmey of the faid lord the now king, &c. Indi^ments for Cheats^ Deceits, &e. The King ogainji Allibone. * P. o"^. M'ichaehna:i, the ifl of James the 2d. Roll. B'l^ fifi^£^^e/ex,\'~T~*H.\T Henry Allibone, of London, yeoman, rnformaywn To wit. y J- and others, being, and each and every olf'"^^'-^^'*'' them being perlbns of evil name and tame, and of dilhonoft j,,/'^!^'""' " coDverlation, and co.timon deceivers of the liege fubjc(5ls ofHiliiaid to the iaid lord the now king, ■ any debt d'le to the faid H A. and otiiers, or to any of them, &c. and the faid coroner and attorney of the faid lord the kin:^, fir the faid lord the king further gives the court here to underftand and to be informed, that the faid B. T. at the time aforefaid, was a. •poor and very indigent perfon, and had not any lands or tene- snents, or oiher wealth, as the faid H. A. and others, &c. fe- verally did afRrm as aforefaid, but £he the faid B. T. was in- •dehted to divers perfons, in divers gieat fums of money, which faid devices, 'confpiiacics, deceits, folicitations and procure- rnents alorefaid, of the "faid H. A. and others, are to the great damage, grief, impoveriihment and final ruin of him the faid T. B. to the evil example, &c. and againfl the peace, &Cc whereupon, &c. The King againfi ilunt, and others. ^nforffistian To wit T 'X'^^-T Raphael Hunt, an infant of the ag-e of forperfuac!- ^' j" A i j years, fon and heir of John Hunt, ot, 6cc. %^% a young .j_.as ftdzcd, and as yet is feized of divers lands, tenements and »Tian of aa liej-ediiaments, ntuate, lying and being in the feveral parifties of forcing hi.n^'^- '■^' ^'^-^ ''^^^-- '^^ -S"^'- ^3' ^^'^ .^''^^- ^"" '^^-Cre, and that tjie t)y threat- faid ludidments for Cheats, Deceits, kc. faiJ R. H. on the faid da.y and year, &c. had and was f ofleffed """g* *» ol" divers goods and chattels, and fuma of money to the value "l*''JT °"* of 220I. aiui more, and that John Hunt, of, &c. and others, j-gj^^^j^^g ' oi> the faid (lay and year, &:c. at, &c. in the county aforcfaid,dau5hterj well-lvPOv.ing the preniiifes aforefaid, but contriving, piaflifing, deviling, and among themfeivcs conrpiring anci intending ilie /aid R H: in the peaceable pofiefiion and enjoyinent ot his cllaie, to djltiirb, and to obftrucl him the laid R. \^. in obtain- ing a proper marriage for hiinfelf, or a fuitable fum ol money in marriage, and toiuliil and perfort their moft wicked contrir vances, practices, c.onfpii-acies and intentions aforefaid, after- wards to wit, on the iaid day and year aforefaid, and at divers other days and times as well after as before, a^, &c. in the county, &c. they the iaid J, H. and others, Sec. ialfely, unjuftiy, unlawfully, fraudulently and deceitfully among themfelves, did confpire, contrive and agree to propofe and procure a marriage between the faid R. H. an infant, and one E. H. at that time being unmarried, and to fulfil and perfect their moft wicked contrivances, pradicei, Intentions and conf piracies aforefaid, they the faid J. H and others, on the faid day and year, &c. and at divers other days and times, as well before as after, at, &.C. in profecution of their falfe and * deceitful confpiracies.* p. gQ„ contrivances and agreeiyients aforefaid, and falfely, unlawfully fraudulently and deceitfnlly to induce the faid E. H. to take the faid R. H. to her hufband, afterwards to wit, on the faid day and year, &c. at, &;c. falfely, unlawfully, unjultly, frau- dulently and deceitfully did affiim and infinuate, and each and every of did affirm and infinuate to the faid E. H. that the faid R. H. then had a great eltate in lands to the val le ct 20ol. by the year and more, and alfo a great perfonal eftate in goods, chattels and fums of money, and to fulfil and perfefl their moft wicked contrivances, practices, confpiracies and intenti- ons aforefaid, they threatened, and each and every of them threatened the faid E. H. the daughter of the laid J. H. thea and there to punilh, chaflile and tianfport, if fhe the E. H. would deny to taVe the faid R. H. to her hufband, and that the faid J. H. and other;, to tulMl and perfeft their moft wicked contrivances, practices, confpiracies and intentions aforefaid, and to procure the faid K. H. to marry the faid E. H. the daughter of the faid J, H. and to induce the faid R. H. to take t1ie faid E. H. to his v/ife, afterwards to wit, on the faid day. and year, &c. at, &c. in ti;e county, &c. falfely, unlawfully, unjultly, fraudulently and deceitfully to the iaid R, II. an in- fant, did affirm and infinuate, and eac.h and every of them did aftirm and infinuate, that the faid £. H. the daughter of the faid J. H. would have a great portion to the value of 600I. and m.ore, if he the faid R. IT. would take the fiid E. H. to iiis wife, and if he the faid R.. H. to marry v;lth the faid E. H. ihz dai:ghter of the iVid J. H- ta-jn and there would jrefufe and deny, Indi£lnients for Cheats, Deceits, &c. icny, then that he the faid R. H. into dark places to the fileodt and relations of the faid R. H. entirely unknown, then imme- diately fliould be fent and kept, and the faid coroner,&c. further gives, &c. that the faid J.H. and others, to fulfil and perfedl their unlawful, wicked contrivances, pradlices and intentions afore- faid, afterwards to wit, on the faid day and year, &c. at, &C.. falfely, unlawfully, fraudulently and deceitfully did caufc and ■procure the faid R. H. and E. H. to be joined in matrimony, and to be married together, and each and every of them, the)) and there did caufe and procure the faid R. H. and the faid E. H. falfely, unlawfully, unjuftly, fraudulently and deceitfully to be joined in matrimony, and to be married together, to the great difpleafure of almighty God, in contempt, &c. to the great damage, prejudice, ruin, disparagement and impoverilli- ment of the faid R. H. to the nnal forrow and grief of the friends and relations of the faid R. H- to the evil, ^c. an4 •gainft the peace, &c. Tha King agamj! T. T. and others, Hilary, 2d and 3d of James the 2d. Roll 101, Information ►-pJJ AT one James Silverlock, gentleman, fon and heir oi for marry- | R. S. efquire, on the day and year, &c. being a perfon inganinfant , r-j-i-. r c r c t i j° . c by de'-eit- 'hen leized in his demelne, as ot lee of lands and tenements ot ^1 ?nd in- great value, to wit, of lands and tenements of the yearly value *P. lOO.of 200I. in his poffeffion, and in other lands and * tenements direift prac-in reverfion,after the eftate which Catherine, now wife of W.K. tices, to a efquire, the mother of the faid J. S, then had and now has de- fcandalous terminable upon her life, of the yearly value of 30I. and fo woman. being feizcd, and then being an infant within the age of 21 years, and in the guardianship of the faid W. K. and C. never- thelefs one T. T. late of, &c. and others, being perfons of evil name, fame and of dilhoneft convcrfation, contriving. confpiring, and moft wickedly intending and devifing to deceive and defraud the faid J. S. and to marry him to one E. M. a perfon of evil name, and of dilhonelt converfation, and of.no eftate or fortune, without any confent or approbation of any of the friends or relations of the faid J. S. on the faid day sjr.d Indi<5lmcnts for Cheats, Deceits, &c. •nd year aforefaid, at the parlfti aforefaid, &c. falfely, unlavT* fully, fraudulently and dcceitflill/ did affirm to the fald J. S, that the faid E. M. was a woman of good, honeft and laudable converlation, and that llie had a good eilatc and fortune, to wit, one thoufaiid pounds in money, and lands and tenements of the value of 200I. by the year, and to peiftil their fraudu- lent intention?, combinations and contrivances aforefaid, and to withhold him the iaid J. S. from all convcrfe with any of his fi-iends and relations, or from having due confideration of and concerning the premifles, they the faid T. T. and others, &c, him the faid J. S. in their company, or in the company ot one of them, in feafting, and in carrying .md removing the faid James Silverlcck from ere place to another, for the fpace of three fucceffive days did detain, to wit, at the parifh, &c. ia the county, &c. until that he the faid J. S. being an infant as aforefaid, by filfe and unlawful ways and means aforefaid, by the faid T. T. and ethers, &.c. afterwards to wit, on the faiol day and year, &c. at, &c. at the eleventh hour of the night of the faid day, there was procured to marry, and then and there did marry the faid E. M. then and a long time before be- ing not only a woman of evil and difhoneft converfation, but alio poor and indigent, and of no eftate or fortune, and then for the whole time aforefaid, being Icnown to the faid T.T. and others, and to every of them to be a woman of evil and dif- honeft converfation, and to be poor and indigent, and of no eftate or fortune. To the great difpleafure of almighty God, to the final forrow, great damage and grief, as well of the faid J. S. as of the faid W. K. and C. his wife, to the evil example, &c. and againft the peace, &c. whereupon the faid coroner and attorney, &c. The King againjl Saunders and others^ Michaelmas^ the 2d of*}ames the 2d. Roll gd» To wit inpil-A-T Andrew Saunders and T. B. of, &c. being iBformation *y A perfons of evil fame and difhoneft converfation/°'"'^^"''"S dcvifing and intending, and each of them devifingand intending by''aVg"l,4 one R. L. of divers fums of money, falfely, unlawfully andletttr, fraudulently to deceive and defraud, and to fulfil, perfeft and king to e^c^ \kw d€vi««« and intentions aft rtiaid, thev the fai4 ladidlrncnts for Cheats, Deceits, &cr *1*. lOI .^•'-•'^ ■^' ^- ^^'^ ^' ^* ^^ ^'^^ ^^y '^^^^ * ye the faid lord the king, before the king himfelf (the lai^l court ^^ jow exe- then being held at Weftminfter, in the county of Middlrfrx)tutin5 a iffuinj^ to the faid fheriff directed, made his certain warrant ^iil-b-jncJ under the feal of his office to one N. T. and other baililFs oP'' ''^'' ^^" the hundred of Offulllon, in ihe county, &c. in the i"amc war- ' 'a°A°^l rant named, to take J. U. vvniow, in the piccepr atorcJa'da wii: for Jiamcd, fo that the faid iheriff ihould have the body of the tii'ty pounds faid J. C. before the laid loid the king at Weftminfter, on the. Mor.day, &c. then next * coming, to anfwer VV. S. of a pica of *P. 102' trefpaf?, and alio to a bill ot the faid W. againll the laid J, for fiity pound?, upon proraifcs according to the cufloin of the court aforefaid, which N.T. then uailiif of the faid fh«ritF ia the warrant atorefaid Ipccified, by virtue of the warrant afore- faid, to the faid N.T. and others, by the faid iheriff in the form aforefaid, made and directed, afterwards and before the return of the precept aforefiid, to wit, on the day and year, dec. at, &c. the body of the faid J. C. took and arretted, and her the faid J. by virtue of the warrant aforefaid, in his cuftody and of the faid IherifF, then and there had and detained •, and that one I. B. wife of R. B. late of, &c. in the county, &c. well-know- ing the premiffes aforefaid, devifing, pracfifiing and intending the faid W. S. of the faid fifty pounds, craftily and fubtily, fraudulently, falfely and deceitfully to deceive and defiaud, and to fulfil, perfedl and bring to etfefl, her moft wicked devices, pra(5tices and intentions aforefaid •, fhe the iaid L B; afterwards to wit, on the faid day and year, &c. at, &c. in the county, &c. with force and arms, &c. falfely, unlawfully, unjuiUy, Iraudulently and deceitfully did fay, affert and affirm for truth, ro the faid N. T. and the other bailiffs of the fkerifF of the c'ounty of Middlefex, in whofe cullody the faid J. C. then and tiiere was and appeared a prifoner, that fhe the faid I. B. w.is S widow, and unmarried, and that the faid I. B. then and ihne ^i^ith force and arms, &c. unlawfully, unjufily, fdfely, fraiidu- ^ently and deceitfully to the faid N. T. and the oihcr bailiffs of the faid fherifF of the county of Middlefex, did offer hcifelf to become bail for the faid J. C. in the aftion af at,cepta'ice ' &c. did make and give to thg laid E. L. widow, a cert^Io' biHtheteon. of exchange in writing, under the hand of the faid K- P^- for the payment of the fani of 89I. and dire<^ed to the faid W. S. which bill of exchange follows in thefe *.words, "^Mr. Spilihton, pay to ]\Jadcfm Littleton, the Jum of eighty-nine prMnd<>^ la'!vfuL money of England, at or upon the 2()th day of September^' 1*^"] I-, ar.d this order Jhall he your di [charge for the fame, London, tHe'^/k fyly, 1673, Randdph Potufon." And afterwards the faid H-- P. unlawfully, wickedly and unjuflly intending and contrit'i< f^' laft paft and more, all woollen cloth called 'Bays, well,[^J';"5^f*'* fufficiently and in a workman-like manner prepared, andj g^j "J-^j, grounded with woad for black colour with madder, commonly a counter- called Madder-black, always have been woaded at leaft to thefeit ieal, fourth ftall and degree of woad ; and that for the whole time^''** ^'*'' * af orefaid, all woollen cloth called Bays fo as aforcfaid, well, ^''^^^ n»*rk. fufficiently, and in a workman-like * manner prepared and^-^ grounded with woad, for black colour, with madder, common- "•lOy* ly called madder-lack, woaded to the fourth ftall and degree of woad, always by the Seal matter of the wardens and fraternity of the myftery of Dyers of the city of London, with a certain feal, for that purpofc in a lawful manner appointed, ufedand approved, were fealed before that they were fold, uttered or ex- pofed to fale, and that alfo for the whole time aforefaid, all the dyers in and about the city of London aforefaid, and elfe- where within the kingdom of England have been ufed and ac- cullomed upon one end of every piece of woollen-cloth called Bays, fo as aforefaid woaded, and according to the art, well and fijfficiently dyed a black colour with madder, for the colour called Madder-black, and not upon any other piece of woollen cloth called Bays dyed a black colour, to make and print the mark and fign of a Red Rofe in and upon the end of every fuch piece of woollen cloth called Bays, by which mark or fign in and upon the end of every fuch piece of woollen cloth called Bays, dyed a black colour with madder, for the colour called Madder-black, as aforefaid, the buyer of every f ich piece of woollen cloth called Bays, would underftand and would be cer- tain that the lame v/ere well, fufficiently and according to the art dyed a black colour with madder for the colour called Mad- der-black, and in and for the fame in like manner would pay ; and that one Thomas Worrel of the par fh of St. Saviour, Southwark, in the county of Surry, dyer, wellknowing the prcmifTes, on the ift day of April, in the 25th year of the rrign of the lord Charles the 2d, king, &c. and continually after- wards until the day of tkc exhibition of this information, at the parifji Indictments for Cheats, Deceits, &V. parifh aforefaid, in tKe county afoicfaid, did cr.ercifc, ufe and employ the arr, inyReiy and manual dccupation of a dyer ; and that the faid Thomas Woriel within the lime aforefaid, at the parifh and county aforefaid, v;fcllknowing the picmiffes as a- forefaid, but contriving, pracf^ifing, and falfely, f aadulently and deceitfully intending the ful>jecls of the fad lord the king of this kingdom of Eng'and, and otheis as well within this iingdoro of England as ell't where, to .leceive and dehaud, and to fulfil, pel fe>rmit!o» To wit. -*■ day and year, &c. then and as yet the fervant oP^ain'^ a Jonathan 4-mbrdfe, gold-melter', of the lord the king in the |^°"^^*''» gold mcltlng-houfc, in the mint of the lord the king within the in- copper tow'er of London, the faid Thomas Williams then being a per-int.> the fon of wicked mind, and of impious, corrupt and deceitful. 'Tieltin^pot convcrfation, and devifing, praftifing and fallely, fraudulently'" '^^^ 'ow- and deceitfully intending, the faid lord the now king, and the^^"* \ fiibjefts pf the faid lord the king, by linlawful ways and means the gold for to deceive and deiraud, and the pure lawful money of this coining kingdom of England, called guinea pieces of gold, with cor-f"'"eas, in- rupt and bafe nlctal, to vitiate, fppil and to render bafe and'^*"^'"K corrupt, 9nd to fulfil, perfc^ and bring to effeft his moft wick-ci,ea^c ^heT cd and deteltable devices, pradices and intentions, the faid king, and Thomas Williams afterwards to wit, on the faid day and year, the people. &c. at the paiith ot St. Catharine, near to the tower of London, in the county of Middlefex aforefaid, v/ith force and arms, &c. falfely, unlawfully, unjuitly, fraudulently and deceitfully, one piece of copper, containing eighteen grains Weight, into a par- cel of gold, called gold fiffel, and according to the Itandard of the lord the king, prepared for melting, and then lying in a certain ladle, did throw and place, with intention to melt the faid parcel of gold with the faid piece of copper, and the faid parcel of gold fo be melted v/ith the faid piece of copper mixed, into certain pieces of gold, called gqinea pieces of gold, to make and coin, to the great deceit and damage of the faid lord the king, and the fubjc(5ts of the faid lord the king, to the jyil example, &c. and againft the peiicc, &c. |l % Indi5imnfs Indi^lmcnts for Extortion. >>»*^!^£^4«5«««*«. *?. III. * IndiSiments for ExtortiorL The King againjl Broughton. 'Trinity, 24t-h Charles II. ^^3°„'Jf^°"M^J/f^>r,-) np'O be Informed that Mary Broughton, of the defendant, To wit. J ^ parifli of .St. Margaret, Weftminfter, in the &e,eperof county of MiddlefeXs widow, on the firft day of May, in the the gate, ^id year of the rei^n ct the lord Charles the 2d, and continu- w"ft' ^^ ^^^y afterwards to the day of the exhibition of this information, iter for fe- ^^^ ^""^ ^^ J^^ '^ keeper of the prifon oi the lord the king, of reral extor- the gate-houfe Weftminfter, in the county of Middlefcx, and tions io her the ofiiceof keeper of the prifon aforefaid, at the parifh afore- office, -fajjj^ in the county aforefaid, for the whole lime aforefaid, hath undertaken, exercifed and had, and as yet doth undertake, exercife and have, neverthelefs the faid Mary Broughton, not regarding the. duty of h«r office aforefaid, and the tuii in her repofed entirely perverting, and devifing and intending the liege fubje<3s of the faid lord the king, for the private gain of her the faid M. B. to opprefs, impoveriih and aft Charge. gj.g^tiy to diftrefs, and the due execution of juftice, as much as in her lay to retard and perven, at the parifli of St- Margaret, Weftminfter, in the county of Micidlcfex aforefaid, between the faid ift day of May, in the 2 2d year, &c. aforefaid, and the day of the exhibition of this information, under colour of her office of keeper of the goal aforefaid, unlawfully, unjuftly,- and extorlively did exaft, receive and have, and into the hands and pcfieffion of her the laid M. B. did obtain, from one Ed- ward Owen, the fum of two fhillings and four pence, for the charging of one Alexander Home, efquire, then a prifoner iii the prifon of the gate-houfe, Weftminfter aforefaid, in the sd Charge, gu^^ody of the faid M. B. with an a(5tion for 20©/. profecqted at the fuit of the faid Edward 0*en. And that alfo the faid M. B. within the time aforefaid, to wit, between the faid ifl, day of May, in the 2"d year, (Sec. aforefaid, and the day of the exhibition of this information, at the parifh of St. Margaret, Weftminfter aforefaid, in the ccuiuy of Middiefex aforefaid, \ , '■ ' under Indictments for Extortion. under colour of her office of keeper of the goal iforefaid, un- lawfully, unjuftly and extorfivejy did exaft, receive and have, and into the hands and poiTeffion of her the faid M. B. did obtain, from one Philip Hanbury, the fum of two IhiUings and four pence, for the charging the faid Alexander Home, efquire, then a prifoner in the prifon of the gate-houfe aforefaid, in the cultody of the faid M. B. with an adion profecuted at the fuit of the faid P. H. lor lol. And that alio the faid M. B. 3d Charge, within the time aforefaid, to wit, betv/een the faid ift day of May, in the 2 2d year, 6cc. aforefaid, and the day of the exhi- bition of this information, at the parifhof St. Margaret, Well- minfter aforefaid, in the faid county of Middlefex, under co- lour of her office of keeper of the goal of the lord the king, of the gate-houfe, Weibninlle, aforefaid, in the faid county of Middlefex, unlawfully, unjulUy and extorfively did receive and have, and into the hands and pofleffion of her the faid M. B. did obtain from one William '* Crofs, the^ fum of two P. II2» fhillings and four-pence for the charging of the faid Alexander Home, efquire, then a prifoner in the prifon aforefaid, in the cuilody of the faid M. B. v;ith an action profecuted at the fuit of the faid W, C. for 60I And that alfo the faid M. B. 4th Charge, "within the time aforefaid, to wit, betv;een the faid ift day of May, in the 22d year, &c. aforefaid, and the day of the exhi- bition of this information, at the parifh of St. Margaret, Weftminfter, aforefaid, in the faid county of Middlefex, under colour of her office of keeper of the goal of the faid lord the king, of the gate-houfe Weftminfter aforefaid, in the faid county of Middlefex, unlawfully, unjuftly and extorfively did cxafl:ors efcaped with impunity ; And that the faid M. B. ictliCharg-^ within the time aforefaid, to wit, between the faid i ft day of May, in the iad year, &c. aforefaid, and the day of the exhi- bition of this information, to wit, upon the 17th day of Mny, in the 24th year of the reign, &c. at the pariih of St- Marga- let, Wefttiiinfter aforefaid, in the faid county of Middlefex aforefaid, unlawfully, unjuftly and extorfively did e^iaft, receive and have from one G. D. of, &c. gent, the fum of fix-pence of the lawful money of England, upon pretence of her fee for permitting the faid G. D. to enter into the goal of the ])rifon of the gate-houfe, Weftminller aforefaid, to difcourfe with one B. D. then a prifoner in the prifon of the gate-houfe, Weflminfter aforefaid; in the faid county of Middlefex, in the cuftody of the faid M. B. detained for felony and niiirder, by hina tl>e faid B. D. late before that time fuppofed to have been done and committed, whereas in truth, no fuch fum of money was due to the faid M. B. in that behalf And that the faid M.' B. within the time aforefaid,' to wit, Jbetwcen the fa;d luthCharjt iftday of May, in the 22d year. Sec aforefaid, and the day of the exhibition of this information, at the pariih of St. Mar- garet, Weftminfter aforefaid, in the faid county of Middlefex, unlawfully, unjuftly and extorfively did exact, receive and have from one ¥.C. of the parifh of St. Margaiet,' Wcfbninfter aforclaid, in the faid county of Middlefex, yeoman, and M. C. the wife of the faid F. C, lately called M. H. the fuiii of forty-eight {hillings and four-pence, lawf il money of England, for pretence of the fee of th^ faid M. B. upon the difcharge of the faid M. C. then a prifoner in the prifon of the gate-Houfe, Weftminfter aforefaid, in the faiti county of Middlefex, and Jn the cuftody of the faid M. B. whereas in truth, no Tuch fum V-as due to the faid M B. upon the difcharge r.i the faid M. C. And that the faid M. B. .within the time aforefaid, to wit, be- i^thCharc* tween the faid ift day of May, in the 226. year, ike. aforefaid, and the day of the exh'blticn of this iufornriatioji, to wit, up'>n S tK^ Indidments for Extortion. ♦ fte 2lfl day of May, in tKe 23d year, &c. the faid M. C. then a prilbner in the ciiftody oF the faid M. B. for debt, out of the place commonly ultd for the common goal of the gate-houfft al'oieiaid, in which prifoners for debt were ufually placed and confined, did take, and her the faid M. C. into a certain dun- geon, within the prifon ot the gate houfe aforefaid, under the cuftody of the faid M. B. unlawfully and malicloufly did put, and her in the faid dungeon f(.>r the fpace of ten weeks, then next following, without any bed or other accommodation for the natuiai convenience or fupport of the faid M C did confine and detain, and for this fole caufe, becaufe that the faid M. C. and her hufband aforefaid, being poor and indigent, could not dip _ y- fatisfy the faid M. B. for the divers '_ ther fums of money which fhe the faid M. * B. unlawfully, unjuuly and cxtofively did re- quire and was willing to extort from them, and not foi any .Smother caufe whatfoever. And whereas alfo at divers feveral times within the time aforefaid, to wit, between the faid ift day of May, in the 2 2d year, ney, to the faid coroner and attorney of the faid lord the king as yet unknown, for not returning a certain other recognizance, before him within the time aforelaid, taken for the appearance ot one T. Smith, at a certain other feffion of the peace, for the county aforefaid, to be held next after the taking of the recognizance aforefaid laft mentioned, from the jfaid T. S. unlawfully, unjulUy, and extorfively did exadl, re- ceive, and have, and although the next general feffion of the peace of the faid lord the king, for the county aforefaid laft mentioned, and to which the recognizance aforefaid laft men- tioned, ought to have been retuined, was held at the town of Huntingdon, in the county aforefaid, on the 12th day of Jati- iiary, in the 20th year, &c. before J. B. baronet, J. H. knt.- and others their fellow-juitices of the faid lord the now king, affigned to preferve the peace in the county aforefaid, and alfo to hear and determine divers felonies, trelpaffes and other mif- deeds in the county aforefaid perpetrated, the faid N. J. the faid recognizance laft mentioned, to the faid general feffion of the peace laft mentioned, before the faid juftices laft named, did not return, as of right and according to the law and cuftom of England he ought; againft the duty of his office, to the great damage and prejudice of the faid J. S. to the great hindrance of juftice, to the evil and pernicious example, &c, and againft g , Charce *^^ peace, &c. And that the faid N. J. within the time aforc- faid, to wit, between the faid ift day of May, in the 15th year, Sec aforefaid, and theday of the exhibition ot this information, at S. aforefaid, in the county aforefaid, being as aforefaid one of the juftices of the peace of the faid lord the king, for the county aforefaid, under colour of his office aforefaid, a certain other fum of money to the coroner and attorney of the faid lord the king as yet unknown, for not returning a certain other re- cc^nizance before him within the tim.e aforefaid, in like man- Ber taken, for the appearance of one M. P. and Chriftopher H. the younger, at a certain other feffion of the peace of the fa-id lord the king, for the county aforefaid, to be held next after the taking of the recognizance aforefaid laft mentioncd,from the faid M. P. and C. H. unlawfully, unjufily and extorfively, did cxaft, have, and receive, and although the next feffion of the peace of the faid lord the king, for the county aforefaid, to which the recognizance aforefaid laft mentioned, ought to have keen rctwrned, was held at the town of Huntingdon aforefaid. Indidments for Extortion. in the county aforefaid, on the 13th day of July, in tKe 2lfl: year, &c. before F. M. km. and T. B. baruntt, and others their fellow-jutlices of the faid lord the king, aligned to pre- ferve the peace in the county aforefaid, anaalfo 10 hear and determine divers felonie.', trefpaJfes, and other mifdeeds in the county aforefaid perpetrated, ihe faid N. J. the faid recogni- zance lalt mentioned, to the faid fefficn of the peace laft men- tioned did not return, as ot rij^ht and according to the law and cuftoni of England he oui^ht, againit the duty of his office, to the great damage and injury Oi the fiiid M. P. and C. H. the younger, to the great obitruftion of juitice, to the evil and per- nicious example, «Sic. and againft the peace of the faid lord tj^e now king, his * crown and dignity, &c. and many other dama- -T. 123* ges, opprelTlons, enormities and grievances the faid N. J. un- der colour ot his office aforeiaid, within the time aforefaid, at-ti, anj S. aforefaid, in the county aforeiaid, to divers liege fubjfdh general of the faid lord the king, unlawfully, unjiiltly, inalicioafly,<-harjtc. and injuricully, and for the lake of wicked gain, did commit, do and perpetrate, againft the laws, itatutes and cuftoms of this kingdom of England, againll the duty of his office of one of the juilices of the laid lord the king, for the county aforefaid, to the great fcandal, reproach, dilhonour, contempt, and hin drance of the iuftice of the laid lord the now king, within this kingdom of England, to the great damage, grievance, oppreffi.- on, impoverithment, injury and ruin of very many of the liege fubjeAs of the faid lord the now king, in great contempt of the faid lord the now king and of his laws, to the evil and per- nicious example of all others in the like cafe offending, and againft the peace of our faid lord the now king, his crown and dignity, &c. Whereupon the faid coroner and attorney of the^'^'^s's faid lord the now king, for the faid lord the now king, prays P'*^^'^ thf confideration of the .court here in the premlffes and the due procefs of law, againft the laid N.J. in this behalt, to be award- ed, to make him anfwer to the laid loid the now king, of and concerning the premilTes, &.c. Wheieupon the fherilf of theVrnlre ta county is commanded, that he do not omit, &c. but that he^"^wer. caufe him to come to anfwer, &c. And afterwards, to wit, on the Friday next after the morrow of the Holy Trinity, in this iitme term, before the lord the king, at Weftniinller, comes the faid N. J. by J. W. his attorney, and having heard the in- formatfon, faith, that he doth not apprehend that the faid lord the now king, wiU or ought any further to impench or trouble rjcmuiTer. him the faid N. J. becaufe of the premifTes in the information aforefaid fpecified, becaufe he faith, that the faid information, and the matter therein contained, are not fufficient in law, to v/hich he hath no neceliity, neither is he bound by the law of the land in any manner to anfwer, and for the infufficiency thereof, prays judgment, and that he may be dlfmificd of and T 2 froiA Indidmeiits for Extoriion. Joinder. from the premifies, by tKe court here, 8cc. And Thomas Fanfhaw, knt. coroner and attorney of the laid lord the king, in the court of the faid lord the king, before the king him- felf, who for the faid lord the king in this behalf profecu'tes, for the faid loid the king faith, that the information atorefaid, and the matter therein contained, are good an-l fufficlent in law to compel the faid bi. J. toanfwer to the faid information. 7i:s Eing and Stone againjl Newman and another. Hilary, 3 2d Elizabeth. Roll 1427. Informal ion City ^f Ghucsjlcr,^ 1^ E it remembered, that on the I2th day againft the To wit. j J3 of February, in this fame term, comes Hieriff of here into court, one Jafper Stone, in his proper pcrfon, and ^? ,'^!'^^ ""^^s well for the lady the queen, iis for himfelf gives the court for extorti-'^^''^ '•^ underlland and to be informed, that whereas by a cer- on, ill tak- tain z.Sl made by the parliament of the lady the now queen, ing urjuft held at Weftminiier, in the county of Middlesex, on the 15th fees for J^y of February, in the 29th year cf her reign, among other fxecotm^ a t},;jr,p.j i;,y tJ^g authority of the faid parliament, it Was enaded Satis facien-" '^ hat it jhcii Id 72rt be lawful from the iji day of May then next *P I '7.1 /^^^^'^^X?> to or for any focr'iff, laider-fMrlff, ba'd[ff' f * franshijes J. * ^'7"* or Itheriys, nor for any of'the:r or either of their officers, miniflersijer- tlic 2QLh ofvuxts, bailiffs or deputies, ii'jr for any of them, by reajon or colour cf Ellzabsih. their or e:ther of their ofice or offices, to have, recei-ve or take C. 4, Q-f uny pcrfon or pctfons whatf'jC'ver, directly or indirccliy., Jcr the ferviiig and ex£Cvti)jg of any extent or exeiution upon the body, Idiids, goods or chattels cf any per/on or perfons "uhaijoez'tr, more er ether co-nfideratvm or recomper.ce than in the ja-d ail was andjkould te lim'ited and appointed to be latvful to be had, received and taken, that is to fay, iid. cf and Jor every twenty foillings, xvhere thefum fhould rot exceed one hundred pounds, and Jix- pence of and for every twenty frjillings leing over and above the Jaid Jum of one hundred pouyids, 'uhich ha or they fjoi/ld fo levy or extend and deliver in exe- cution, or Jcr which they Jhoidd take the lody in execution, by virtue and force of any Juch extent or execution -a-hatlcevcr, undei^ the fain d-nd penalty (hat all and every the- fheriff^rUnder-fhsriff, bailiff offran- clJiJvs or lihtrtys, Itheir ar^d fv&y of their nnnt^ers, /ervavts, officers. Indi£lnieuts for Extortion. ojhers, bailiff's or deputies, who at any time after he fa\i \ji day of May then next enfuing, direBly cr indiri.6i'y JhfAild do ia the contrary Jliould lofe and jorfeit to the party a^grkvtd, treble damages, and Jhou Id forfeit the frm oj fjrty pounds, of good and lawful money of England, for every time that he, thty,^ or any of them Jhould do to the contrary, onf moiety to go to the [aid lady the queen, her heirs and fuccefjors, and the other moiety thereof, to the party cr parties zuhchfhould projecute for the lame, by any plairt^ a6t:t,n, fuit, bill or informati.n, vchercin no e/fcign, zuager of la-rv, or prcteSlion fioculd be allozved, ai by the /hid ad amtng other things morefully appears." And the faid J^lper further faith, that after tlje faid ifl day of May, in the ac^ aforefaid fpecified, one Richard Hands and John Newman, from the 6th day ot Ofto- ber, in the 30th year of the reign of the lady the now queen, for the fpace of one whole year next foilovving were fheriff of the city of Glcucefter aforefaid, and that within the fpace of the faid year, to wit, on the 12th day of February, in the 31ft year of the reign of the faid lady the now queen, one Edward Alye, a certain writ of the faid lady the queen, of capias ad fatisfaciendum, at Weftm'iifter, in the county of Middlefex, out of the court of the faid lady the queen, of the bench here, obtained and profecuted to the faid R. H. and J. N. then ftie- riff direded, returnable here, from the day of Ealter, in fifteen days next following, for execution to be had as well oi: a cer- tain debt of one hundred and fixty pounds, as of forty-fix :(hillings, for damages, by the faid Edward againit the faid Jafper, in the court of the bench here then lately recovered, which faid v/rit afterwards to wit, on the 14th day ot April, in the siltyear aforefiid, at the city of Gloucefter aforeiaid, to the faid Kichard Hands and John Newman then being fherifF of the county aforefaid, by the faid Edward to take the body of the faid Jafper, by virtue of the writ aforefaid, was delivered, whereupon the faid R. H. and J. N. afterwards to wit, on the I7tliday of April, in the 3iil: year aforefaid, then being Ihtriff of the city aforefaid, at the faid city the body oi the laid Jafper Stone, by virtue of the writ aforefaid, did take and arrell, and in execution for the debt and damages * afore- *p^ 12"^. faid, at the faid city of Gloucefter, in the county of the faid city aforefaid, in the prifon of the lady the queen, under the cuilody of the faid R. H. and J. N. then iheritf, did keep, and the faid R. H. and J. N. not regarding the fiatute aforefaid, DOr in any manner fearing the penalty in the lame contained ; leven pounds for the ferving and executing the execution aforefaid, upon the body of the faid Jafper, in the form afore- faid, of- one Elizabeth Stone, afterwards to wit, on the i8th day of April, in the 31ft year aforefaid, at the faid city of Gloucefter, in the county of that city, under colour of their ofiice aforefaid, did have and. receive ; Vvhich fcven pounds, by th; faid then iheriff frum the faid Eljzabcih, for executing the exev.tuion Ihdi£lments for Extortion. execution aforefaid, had and received, exceeds the rate of twelve pence for every twenty fhilHngs, where the fiim to be levied, doth not exceed one hundied pounds, and of fix-pencc for every twenty fhlllings, fo being to be levied over and above the fum ot one hundred pounds, againft the form and effeft of the ftatute aforefaid, whereby the faid Richard Hands and John Newman have forfeited forty pounds. Whereupon the laid Jafper who as well for the faid lady the queen as for him- ielf in this behalf profecutes, prays one moiety according to the form of the ftatute afoiefaid, and as well for the faid lady the queen as for himfelf, prays the conlideration of the court Procers ^" ^^^ premilfes, and that due procefs of law may be awarded prayed, againft the faid R. H. and J. N. in this behalf, to make them to anfwer as well to the faid lady the queen, as to the faid Jafper, who, &c. in the premifTes^ &c. and it is granted to him, &:c. Pledges to profecute John Doe and Richard Doe ; Ventre to whereupcn the faid Richard Hands and John Newman are awar/f' commanded, that laying a fide all pretences and excufes, in the ft'-riffs their proper perfons, they be before the juflices here, on Fri- the defend- ^^y "^ xt after one month of Eafter, to anfwer to the faid lady an:s. the queen, and the faid Jafper, who, &c. in the premlffes, &c. and that this in no wife either of them omit under the pain of one hundred pounds, &c. At which day here come as well the faid Jafper, who, &c. by William Aylelbury his attorney, as the faid R. H. and J. N. by William Evans their attorney, for this purpofe, by the favour of the court fpccially admitted, and the faid R. and J. defend the force and injury, when, &c. and pray oyer of the information aforefaid, and it is read to ^ them, &c. which being read and heard the faid R. H. and JN, I impar- p^.^^ leave to imparl thereto, here until the Friday next after the morrow of the Holy Trinity, and they have, &g. the fame day is given to the faid Jafper, who, &c. here, &c. At which day here come as well the faid Jafper, who. Sec. as the faid R. H. and J. N. by their attornies aforefaid, and thereupon za Imptr- j}jg j-^j^j ^ j^ ^^^^ j j^J, fmther pray leave to imparl thereto, here until the Saturday next after the oftave of St. Michael, and they have, &c. the fame day is given to the faid Jafper, who, &c. here, &c. At which day here come as well the faid Jafper, who, &c. as the faid R. H. and J. N. by their attor- . J , nies aforefaid, and thereupon the faid R. and J. further pray J»';ce * leave to imparl thereto, here until the Saturday next after the oflave of St. Hilary, and they have, &c. the lame day is giveii to the faid Jafper, who, &c. here, &c. At v/hich day here come as well the faid Jafper, who, &c. as the faid R. and J. by their ^^ attornies aforefaid ; and thereupon the faid R. and J. further hnc '^^^^' pi'^y leave to imparl thereto, until the Wcdnefday next after fifteen days of Eafter, and they have, &;c. and the fame day is given to the faid Jafper, who, &c. And now at this day to wit, on the faid Wednefday next after fifteen days from the day of Eailetj Iudi£lnients for Extortion. Eafter, here come as well the faid * Jaiper, wKo, &c. as tKe*p^ j^S. faid R. and J. by their attornies aforefaid, and iheieupon the faid Jafper, who, &c. prays that the faid R. and J. to the pre- miffcs in the information aforeiaid contained, may anfvver, &c. whereupon the faid R. and J. as before, defend the force and injury, when, &c. And they fay that the faid Jafper, who, &c. ought not to have his aiflion aforefaid againft them, becaufe.'''"j'- T^*' protefting that the faid R. and J. under colour of their ofRce jp^^^g j^ ^^ aforefaid, have not had or received from the faid Elizabeth p,ovifo Stone, the faid feven pounds nor one-penny thereof for fcrf- that tlie tins; the execution aforefaid, in the manner and'^^'^ "^ ing and execut fliould not tfi form as in the information aforefaid is above fpecified ; for plea'"°"^^ fay that in the faid adt of parliament aforefaid, in the faid In-^j.jg^ ^^^ formation above fpecified, it is provided that the aft aforefaid, towns cor- ner any thing in the faid aft contained, fhould not extend toporate. any fee, to be had or received for any execution within any city or town corporate, any thing in the faid aft mentioned to the contrary thereof notwithftanding ; and this they are ready to verify, wherefore they pray judgment if the faid Jaiper ought to have his aftion aforefaid, againft them, &c. with this that the faid R. H and J. N. will verify, that the faid city of Gloucefter at the time of the making of the faid aft of parliament, was and as yet is a city, &c. And the faid Jafper, who, ice. faith, that the faid plea ofDcmurrCr. the faid R H. and J. N. above in bar to the information afore- faid pleaded, is not fiifficient in law to preclude the faid Jafper from having and maintaining his Information aforefaid, for the faid lady the queen, and for himfelf, or to difcharge the faid R. and J. of the premifles in the faid information contained, and that the faid Jafper, who, &c. for the faid lady the queen as for himfelf, to that plea in the manner and form aforefaid pleaded, hath no neceffity, neither is he bound by the law of the land to anfwer ; and this he is ready to verify, wherefore for want of a fufficicnt anfwer in this behalf, the faid Jafper, v;ho, &c. for the faid lady the queen as for himfelf, prays judgment, and that the faid R. H. and J. N. of the premifles in the infor- mation aforefaid contained, may be convifted, &c. and for caufes of demurrer in law thereupon, the faid Jafper, who, &c. Special according to the form of the ftatute, occ. to the court here caufes of Ihews that by the faid information it fully appears, that the ^'^''-"'^'^"'* execution aforefaid, was made by virtue of a writ of the lady the queen, to the faid late fheriflF direfted, upon a judgment given before the juftices of the lady the queen at Weilminfter, and the provifion aforefaid, doth not extend but to executions to be made upon judgments, given in the courts within cities and towns corporate, and not to executions to be made within cities and towns corporate, by virtue of the writ or writs ot the lady the queen, iffuing from or out of any of the courts of the iadj Indi6lments for Extortion. lady the queen at Wefttninfter, upon judgments given in the fame couits at Weftminlter, an.d alfo for this, that the faid E. and J. fay that the faid Jafper, who, &c. ought not to have his aftion aforefaid, againil them, whereas they ought to fay, that the lady the queen, and the laid Jafper, who, &c. ought not to have their aftion aforefaid, againft them, &c. Joinder. ■^"'^ ^^^ ^^'^ Richard Hands and John Newman, becaufe that they, fufficient matter in law to preclude the faid Jaf- per, who as well for the faid lady the queen, as for himfelf *P 127.'"^ ^^^^^ behalf profccute?, from haying and maintaining againfl them his* information aforefaid, for the faid lady the queen, and for himfelf, and alfo to difcharge them the faid R. and J. of the premiffes in the information aforefaid contained, above by pleading have alledged which they are ready to verify, and which matter the faid Jafper, who, &c, for the faid lady the queen, as for himfelf, doth not deny, nor to the fame in any wife anfwer, but that averment to admit altogether Curia advi-hath refufed, as before pray judgment, and that they difcharged far#. ^^- ^Yit premiffes, by the court here may be dlfmilTed. And becaufe that the juftices here will advife themfelves of and concerning the premiffes, before that they give judgment there- upon, day is given to the parties aforefaid, here until the Fri- day next after the morrow of the Holy Trinity, to hear their judgment thereupon, becaufe that the faid juftices here thereof, not as yet,&c. At which day come as well the faid Jafper, who, &c. as the faid R. H. and J. N. by their attornies aforefaid, and becaufe the juftices here will advife themfelves further of and concerning the premiffes, before that they give judgment thereupon, day is further given to the parties here, until the Saturday next after the odfave of St. Alichael, to hear their judgment thereupon, becauie that the faid juftices here thereof Judgment ^^^ ^^ ^^^^ ^^_ j^^ which day here come as well the faid Jafper, fendanu." '^'^O' ^c. as the faid Richard Hands and John Newman by their attornies aforefaid, and thereupon the premiffes being feen, and by the juftices here fully underftood, it feems to the faid juftices here that the faid plea of the faid R. and J. above in bar to the inforrnaiion aforefaid pleaded, is fufficient in lavr to preclude the faid Jafper from having and maintaining his information aforefaid, for the faid lady the queen, and for himlelf, as the faid R. and J. above have alledged. Therefore it is confidered that the faid Jafper take nothing by his infor- mation aforefaid, but for his falfe plaint be in mercy, and that 7 the faid R. and J. may go thence without day, &c. alfo it is confidertd that the faid R and J. recover againft the faid Jaf- per, ninety ftilllings for their cofts and charges in that behalf fuftained, according to the form of the llatute, &c. by the court heie adjudged, &c. This caje is reported Croke Eliz. 264. Plde Cr, El. 335. Cr, i^, dejendtr of the faith, d'o. to the Jher]ff of D'-viti, (greeting, whereas we latdy command, d our Jhsriff of M.iddl:'ex, that hi J])Ould take John Chauncey, S.}?nyel Cjrbett, i7-^'0''"'> ^^''^ — Cuffaji:, zvid'^zv, if they might be Jound in his tailtw:ck, and them fajcly keip, fo that he jlrndd have thur hodus before us, at JVeJlinin/ier, 07t the Monday next after ffteen day^ nf Edjier, t9 anfwtnr to Edward Rutter, efquirc, of a plea nf tre/hi/s, and alfo to a bill oj the fuid Edr/'itd, again/} the faid jfohn Chauncey for 80/ againji the faid S, for \^ol. and againji the fuid Jeffreys, ac- eording to the Cufhrn ofovrcrAirt before us /t> he exhibited, and our /aid Jheriff of MidHleJex at th.it day Tcturi:eit> us, th^t the /aid J. C. — Jeffreys and Cti [Fans are ?iot fund m his bailiwick, vjhereup^Ai on It' lialfofthefaid E. in our court befonus it isfufficitndy utieji.d,that tht faid J. C. — J^ff^^y^ it-"^ — Cufans, run up and djrjjn, and fecti-te them/ehes in y^ur county ; therf.rtwt cortimand you thut you takt thim if they may he faimd in your bailiwck, and thon jufely k::p, fo that ym may h:ive their bcdiss lefrc us ai IVe/iminfJer, on Mon- i(ty ntxt qfur fftftr. dayi cf tk* H''ly Trinity^ to anjwtr to th faid Indi6inients for Forgery. Ediuard of the plea and hill aforesaid, and ha've there then thh writ, ■witne/s Matthew Hale, hit. at JVeftminfter the $th day of yune, ad Count, in the 2T,d y ar vf our rei^K. Henly." And lliat the laid Edward '•^'^'''•^"'^''Rutter afterwards, to wit, on the faid 5th day oi' June, in the S'^d year aforcfaid, at Chervveil aforefaid, in the county afore- faid, knowing the writing aTorcfaid, to be a falfe and forged writing, and by him according to the form of a writ ifTuing out of the court of the faid lord the king, before the kinj^ liimfelf, falfely and fraudulently written and counterfeited, the faid writing as a true writ ifluing out of the court of the faid lord the king, before the king himfclf, did publilli, and then to the fheriff of Devon aforefaid, did caufe to be delivered, in contempt of the faid lord the now king, and of his faid court, to the damage of his people, to the abufe and manifeft fubverfi- on of his laws, to the great damage and injury of the faid J. C. to the eviland pernicious example, &c. and againft the peace, &c. whereupon the faid coroner and attorney, &c. The King agamfi Champion. Mkhaelmas, 55th Charles IL Information -, ,, ,. ,^ i - < i i ,-, ^i • f* ^ . for fnrging Cc>rnzvaU,}''T^U be intormed, that Peter Champion, oi Col andpublifli- To wit. y X lombe, In the county of Cornwall, gentlemen, ing a writ bting a perfon of depraved and wicked mind, on the 20th day ^' .^^" of May, in the 34th year, &c. with force and arras, &.c. at St. Collombe aforefaid, of his own proper imagination, a certain p ^ falfe, feigned, forged and counterfeit writing, in the form of a i • I ^9' writ of the faid lord the king of * fieri facias out of the court jft Count, here, iffu ing under the feal of the faid court, bearing date at "fir^in^." WtRmlniici-, the 13th day of February, in the 34th year, &c. aforefaid, and to the fheriff of the county of Cornwall di- rected, that he ihould caufe to be made cf the goods and chat- tels of T. Halfe, in the bailiwick of the faid iberiff, one hun- dred pounds, which John Cowling in the court here recovered' agiinlt the faid T. H. for debt, as alfo fifty lliillings, which he fuUaincd as well by the occafion of the detention of that debt, as lor his coils and charges by him about the faid fuit in that behalf cxprnded; and that he fhould have that money before the faid lord the king here, on the Monday next after tlic m©rr©w vi the AfcenfiOB of our Lord, in the year afore- ■ fitii, Iiididments for Forgery. faid, to render to the faid J. C. for the debt and damages afore- laid, falfel/, unlawfully, knowingly, ilibtily, fraudulently and deceitfully did make, conipole and write, and did caulc to be made, compoicd and written, the tenor of which falfe, feigned^ counterfeit and forged writing follows, to wit, " " Charles the id, by Uie grace of God of England, Scolland, Frar.ce an I Ireland, king, dijtndcr of ths faith, £fc:\ to thejheriff- of Cormvall greeting, ive command you that of the goods and chattels f Thomas Halfe in ycur bailiwick, y(>ii. caufe to he made, one hundred pounds xthich John Cowling in cur cnurt hforc us at JVeJiminfler, recovered againft him for debt, and alfo fifty Jhdlings, which to the faid jf. C. lately in our faid court befrc us were adj:idg:d, for his damages which kg fuftained, as well by the nccajhn of the detention of that debt as J or his cofts and charges by him about that fiat in that behalf expended, xvhereof he is convu^ied as appears to us of record, and have that money bsj'jre us at Weftrriinfter, on the Monday next after the mor- row of the Afcenjioii of our Lord, to render to the faid jr. C. for his debt and damages afire faid, and have there tJicn this writ, wit' nefs B. Pemberton, knt" at Weftminfter, tn the l\tli year of otcr ^A Csutjfj; reign. And that the faid P. C. afterwards to wit, on the iaidP"'^'"^-'"^- 20th day of May, in the 34th year aforeiaid, at St. Collombe aforefaid, in the county atorefaid, the faid falfe, feigned, counterfeit and torged writing, fo as aforcfaid by him made, compofed, written and torged, and caufed to be made, compo- fed, written and torged, as a true writ of the lord the king of fieri facias, ilTuiug lawfully out of the court here, falfely, nnlawfull/, knowingly, deceitfully, fubiily and fraudulently did publilb, and did caufe to be publillied, (the faid Peter Charnpion then and there well-knowing the willing aforefaid to be falfe, feigned, forged and counterfeit) to the great deceit of the court here, in contempt of the laid lord the now king and of }iis laws, and againll the peace, &c. whereupon the faid coroner and attorney, &c. The King af'Cdnfi Ferrers. Trinity, 17th Charles 2cl. To wit "^ ^ I 'HAT Henry Ferrcri, late of Budderfly Ciin-I^.^iAmenC y J- 'ton, in the county of . V/arwick, efquire, on^'-'" '"'K'^g: the jcthday of March, in the 8th year, &c. was- indebted to^" ^'^i'^^" one Julius Bilicrs, of the city of Cuventry, i;i the county of""** o/" U s theihofjivautr Indidments for Forgery. ^P fO *^c ^id city merchant, in the fum of fcven * pounds cf ttkC * ^ 'lawful moKey of England, for divers merchandizes by him the fon t?"' ^""'^ J?^'"» ^'^^"* to t^e ^aid H. F. then before fold « 'J "-S. afurelaid upon their oath aforelaid further fay, that the faid H. F. afterwards to v/it, on the lit day o^ May, in the Stk year aforefaid, at the city of C. aforefaid, falftly, knowingly, fubtily and deceitfully did publilh the faid lalfe and couutcifcit Wiitinp, fo by him the laid H. F. in the manner and form aibie- iatd, faliely, knowingly, fubtily and deceitfully m^de and forged, as the true writing of acquittance of the faid William Suell then krvani ©f th<' faid I. B. whereas in truth the laid William Suell never had or received the faid fum of feven pounds of the faid H. F. and whereas in truth the faid Willi- am Suell never made or gave any acquittance to the faid H. F". for the laid Turn of feven pounds, to the great damage ot the faid I. B. in contempt ot the laws r>f this kingdom of Engr land, to the evil and pernicious example of all others in the like cafe offending, and againft the peace of the faid lord the king, his crown and dignity. The defendant waT, found guilty^ and finedf cm hundred pounds, rrpartcd S'ld. 278. King o.^fiinji Newman, An infor^i nation a- *~T*UAT witKin the manor of Penryn, in the county ga nit a 10 V, It. J r ^ 11 1 ; j r 1 • ^ ^ f„jn f,^. -*- or Cornwall, there is and rrom the time where- rafing and <^-m '^^ nitniory of man is not to the contiary, there was a t-.^iingi^jf _ certaii! Indiclments for Forgery. •ertain court of the lord the king, of record held at the manor - aforefaid, btfore ihe fteward of the faid manor, for the time^"„i^ ^^ ^ being, from three weets to three weeks, for all aftions perfo- Reward of pal aiiling within the faid maijor, and that in the fald court a court of there ii and for the whole time aforefaiu, there was a certain '"^C"''^' * book, called the lleward's book, kept within the couit afore- P'""' j'"^''* faid, in which book all aftioas ^nd plaints in the faid court f,^ forgint levyed, and the proceis, appearance, judgment and execution another theiciipon for the whole time aforelaid, were entered and haveplu'^t a» been accultomed to be entered, and that at the fad court of <■''"" ^^^, of the faid lord the king, held at Capell St. Leonard, withij/'^'^J^PJ^J';^'* the manor aforefaid, and within the jurifdi6lion of the faidap^j prol ' court, before James Robins, gent, fteward, of the court of theceedmjs manor aforefaid, judge of the faid court, on the l§th iiy of thereupon. Oftober, in the I2th year of th.' rtign of the lord Charles the 2d, by the grace of God of * £n.-^laiid, &:c. kiu),', i5cc. came*P. I3I' one Philip Lillicrapp, and then in the faid court levied his certain plaint agair.ft one Robert NtwcQil iu a plea of treipafs upon the cafe. And that upon that plainc the iaid Robert hiewcoll by proccfs in ihe due manner .ifluing out of the faid court was airefted, which plaint and proceis thereupon in the faid book called the fieward's book, according to the cuftom aforefaid, was < ntered ii. thcl'e words following to wit, " Pgfer Lillicrap plaint'jf\ agairji Robert ^evjcoll, in a plea of trefpttfs upon the cafe, arrefttdby John Co'.ke^ aiid delivered on the b^il of George "jewel!' And ihat one John Newaian of Penryn in the county of Cornwall atorelaid, gentleman, after the entry of thft plaint alWefaid. and the proccfs thereupon made, to wit, on the ift day of May, in the 12th year, dec. at Giafney, in the county aforefaid, falfely, unlawiuliy and deceiclully contriving and intending the faid Robert Newcc. II in his perfonal cftatc, greatly to impoveriih, and him the laid R. to diilrefs. and op* prefs, the entry ot the plaint afortlaid, and th€ procefs there- upon fo as aforefaid, in the faid book called the ftcward*« book entered, talfely, unlawfully, fraudulently and deceitfully then and there did erale, expunge and entirely obliterate, and the fitid John afterwards to wit, on the day and year la ft afore- faid, at Glafnt'y aforefaid, in the county aforefaid, \\i the faid book called the fteward's book, in another iolio of the faid book, (in which other folio, plaints ip the court alorefaid, held on the 26ih day of September, in the I2th year of the reiga of the fald lord the now king aforefiid, levied, and procefs thereupon were entered) falfely, unlawfully, fraudulently and deceitfully did forge, write, enter and infcrt, and did caufe t« be forged, written, entered and iiiferted, iu the ufual manner -and form of the entry of plaints, proceis and judgment there- upon, thtfe words and figuies following to wit, PeUr Lillicrapp plaintiff, ugainfi Robert hjezvccil, in a -tlca. of trcfpafs up.n the cafe^ and capiat axMrdid :>)i ikc \%th 0/ Oiiiber ii66o; dej^ndatst zvai Indidments for Forgery, A'as affe/teJ by jfokn Cook, and delivered en (he hail of George yewel, and declaration, and called for default of appearance, and writ oj damages, with fuhpoena by 7'onken, the loth of January, another writ of damages, ^iji January \66o, fo this court in execution, until he pays the fum aforefaid, and .^" '" that the faid J. W. fhail ftand in and upon the pillory, at ihei^^^vg ^^^^^ Royal Exchange, at Cornhill, London, on the Thurfday nextear cut oft", after three weeks of Eaftcr next coming, between the eleventh and to be Iiour before mid-day, and the fecond hour after mid-day of the ""P"'""'-''^ faid day, for the fpace of one hour, and that one of his ears '^•'kI'^^*'^ then and there fhall be cut off by the common executioner otj,a,i or ttc city ot London, and that the marshal of this court Ihall de- mainprire, X liver Indidments for Forgery. liver tlie faid J. W. to the ftieriffs of London, to execute tlip judgment aforefaid, and that after the execution of the judgment *?!"'? aforefaid, the {heiilfs of London Ihall redeliver the ' faid J. W. ^^'''to the faid marflial of this court fafely to be kept for the fpace of one year, without bail or mainpiife, and that the faid J<^hn Wordeli is committed, 6lc. The King o.gai}iJl Ivy. Tr'mity, 36th Charles II. Roll 48. ,. . nn • 7 *~P HAT Thcodnfia Bryan, oi&c.otherwife called Igainr'^'"" ""'''' y ^ Dame Theodofia l^y, of, &c. widow, on the dameTh?o- day and year, &c. with force and arms, &c. at Weftminfter in dofia Ivy, the county of Middlefex, of her own proper head and imagi- for forging natJon, fubtily, falfely and fraudulently did make and forge, li'fh"/" wo^"*^ did caufe to be made and forged, a certain falfe deed, con- jndepfur^^taining the matter following to wit, '• this indenture made the 1 2/A day of November, in the zd and -i,d year of the reign of our ill Comt, lord and lady Philip and Mary, by the grace of God, kirg and forging. (jueen of England, Spain, France and Ireland, defenders of ths faith, arch dukes of An ftri a, dukei of Burgundy, Milan and Bra- bant, counts of Flanders, Hajburgh and Tyrol, between Marcellus Hall, of Radcliffe, rmlUr, on the one fart, and Richard Roper, citizen and falter of London, of the other part, -witncffeih, i^c." as by the faid falfe and counterfeit deed more fully appears -, and that ine faid Theodofia Bryan, otherwife called Dame T. '^brh""- •^^)'' afterwards to wit, on the day and year, &c. at, &c. know- pu li ins;, ingiy^ fubtily and faiiely the faid falfe and forged deed did publilh, and did caufe to he publilhcd, as the true deed of the iaid Marcellus Hall, fealed and delivered by the faid M. H. whereas in truth, the faid T. B. otherwife called Dame T. I. then and there well did know and underitand the faid deed, to be falfe, forged and counterfeit, and that it was not the deed of the faid M. H. nor by hira fealed and deliveied ; and further the faid coroner and attorney of the faid lord the kinp^jfor the faid lord the king gives the court here to underftand and to be informed, that the faid T. B. otherwife, &c. &c. ai-terwards to wit, en the day and year, Ac. aforefaid, with »o Cmmt force and arms, &;c. of her own pioper head and imagination, forging. ' knowingly, fubtily, falfely and fraudulently did make and forge, and did caufe to be made and forged, ;i certain other falfe deed, containing Indldments for Forsfer 3^ contAinlng the matter following, to wit, " This indcrture madi, &c. &c." as by the laid laft mentioned falle and coiinterleit deed, more fully appears •, and the faid T. B. othcrwife, (Scc^tli Count, &c. Afieivvards to wit, on the day and year aforeiaid, &c. at.publifliing. &.C. knowingly, fubtily and talkly the laid falie and ioiged deed laft xnentionfed, did publilii, and did caulc to be publilhcd as the true deed ot the laid M. H. lealed and delivered by the laid M. H. whereas in tnuh, the faid T. B. other wife, &;c. then and there did well know and underftand that the faid laft mentioned deed was lalfe, forged and counterfeit, and that it was not the deed of the faid Ai. H. nor by him fealed and delivered, to the gieat damage of the faid G. B. in contempt of the faid lord the now king, and of his laws, to the evil and pernicious example of all others in the like cale offending, and againft the peace of the faid lord the now king, his eiown and dignity, &c. &c. X % IndiSfmenU Indidlnients for Peijury. ?^-^«:«« * ^P, 136. Indiciments^ i. for Perjury, i.for Subornation of Perjury,, Ihc King agahift Crofs. Hilary, 25 and 26 Charles the 2d. In^orrmixon M.tddlefex,\ * I ^O be informed, that in the term of Eailer, in aga-nft a To wit. ) J- the 25th year of the reign of our lord Charl^S cierk of a j|^g ^d, by the Grace of God, of England, Scotland, France, and ""er^ur"' in"^ Ireland, king, defender of the faith, &c. in the court of the laid fivincr evi- lord the king, before the king himfelf, (ihe faid court being denceondie then held at Weftminfter, in the county ot Aliddlefex) he, the trial of an faid Heneage Finch, knt. and baronet, then, and yet, attorney- ■'"^'^^"'^.*'°" general of our faid lord the king, who for our faid lord the of'mai't If king then profecuted, in his proper perfon came there into the unlawful coi'.rt of the faid lord the king, before the king himfelf at Weft- meafiire. minfter, and then and there gave the faid court to underftand, and to be informed, that Thomas Bide, of the parifh of St. Information j^ppj^jjj.j Shoreditch, in the county aforefaid, knt. and John Fofter of tlie fame, efquirc, between the 26tn day of March, in the 25th year of the reign ot our lord Charles, &c. and the day of the exhibition of the faid information, at the parifh afore- faid, in the county aforefaid, unlawfully and unjuftly bought and each of them bought, and by bargain into the hands of them the faid T. B. and J.F. acquired, by a mcaffre not fealed, nor agreeing with the ftandard, or meafure called the llandard, marked in the Exchequer of the faid lord the king, called Win- chefcer meafure, containing eight gallons, to wit, by a certain mcalure called a Vat, containing lixty and four gallons at the leaft, and by qther unlawful meafures two thoufand quarters of iinoround malt, every quarter thereof ot the value of twenty ftiillings, to the great deceit of the lubjedls of the faid lord the iiow king, and againlt the peace of the faid lord the now king, iiis ciov/n and dignitv, &c. and alio againll the ftatute in fuch cafe made and provided ; with this, that the faid attorney-ge- neral of the faid Iprd the npw king, for the faid lord the now king, Indi6lments for Perjury. kino, would verify, that malt, at the uiv.e of the ofTcrcc aforefaid committed, and alio iicm the whole time wheicofthe memory of man is not to the contrary, was iifually fold by the biiihel, as well at the parifti aforefaid, as in all the reft of this kingdom of England, whereupon the iaid attorney-general of the faid loid the now king, for the i'aid lord the now king, then prayed the confideration of the court in the prcmifles, and the due procefs of law to be awarded againll them, the laid T. B. and J- F. in that behalf, to make them to anfwer, &c. where- upon the {heriff of the county aforefaid, was commanded, that lie fliould not omit, &c. but {hould caufe them to come to an- fwer, &. And afterwards, to wit, on the Friday next after the morrow of the Holy Trinity, in the 25th year of the reign of the faid ' lord the now king, &c. aforefaid, before the faid lord*P. j^*: the king, at Weftminfter came the faid Thomas Bide, knt. and John Fofter, efq; by Jafper Waterhoufe, their attorney, and having heard the information aforefaid, faid that they were not guilty thereof, and of that then put themfelves upon the Country ; and the faid Heneage Finch, knt. and baionet, attor- ney-general of the faid lord the now king, who lor the faid lord the now king in that behalf profecuted, did the like, ice. in which caufe it was in fuch manner proceeded, that atterwardf, to wit, on the Thurfday next after the end of the faid term ot the Holy Trinity, to wit, on the 19th day of June, in the 25th year, &c. aforefaid, at Wef^minfler aforefaid, in the county a- forefaid, the ilfue aforefaid, fo as aforefaid joined, before Mat- thew Hale, knt. chief juftice of the faid lord the king affigncd ' to hold pleas before the king himfelf, by the due courle of law, •was tried by a certain jury of the country, upon which trial of the IfTue aforefaid, fo as aforefaid joined, by the jurors of the faid jury, before the faid jMatthewHale, kt. then and as yet chief jt:ftice of the faid lord the king, alTigned to hold pleas before the king himfelf, on the faid Thurfday, the i5lh day of June, in the 25th year, &c. aforefaid, at Weftminfler aforefaid, in the faid county of Middlefex, one William Crofs the elder, of the parifh of Ware, in the county of Hertlotd, gentleman, was pro- duced as a witncfs on the behalf of the laid T. B. and J. F. defendants in the caufe aforefaid, and then and there was fvvorn . upon the Holy Gofpel of God, to fpeak the truth, the whole "' truth, and nothing but the truth, of and concerning the pre- miflTes aforefaid, fo as aforefaid put in iffue to the jurors of the jury aforefaid, iworn to try the iffue aforciaid. And the i'aid William Crofs the elder, then and tt-.ere before the faid chief juftice of the faid lord the king falftly, wilfully and corruptly did fay, depole, fwear, and give in evidence upon his oath, to the jury aforefaid, to try the iifiie aforefaid, lo as aforefaid joined, — " 'That he zuas clerk of the market of the to-wn of A/'^r«,pepury. in the county of Hertfcni, and that allcorn bujheh at Ware, (mean- ing the town of Ware in the county of Hertford) a.r-d isljiigina Indidlraents for Perjury. to the town of Ware, during tks /pace of one year, and the IvzlfoJ out year lefre that time (meaning the faid 19th day of June, in the 25th year, &c. aforefaid) in the prefence of him the faid William Crofs the elder, zL'ere cut, and truly f zed and gaged, and that the httjhels aforefaid (meaning the bufheis within the town of Ware in the county of Hertford) then (meaning the faid lyih day of June, in the 25th year, &c. aforelaiJ) were agrsea'Ac to the Stan- diird in the Exchequer of the [aid lord the king, called Winchef ter meafure " v.'hereas in truth and in facft the corn bufheis at AiT.gn- Ware in the co. of Hertford, during the fpace of one year and men s ot j|^^ half of one yeai before the trial af(;relaid, or during at any ^' fpace ot that time, in the prefence of him the faid W.C. theel- der,were not cut, nor trulyjlized and gaged; and. whereas in truth and in fa<5l the bufheis aforefaid, Oii the faid 19th day of June, in the 25th year aforefaid, were not agreeable to the ftandard Conclufion. in the Exchequer^of the faid lord the Icing, called Winchefter meafure. And fo the faid W. C. the elder, on the faid 19th day *P 1^8 ^^^Ju"^***! the 25th year, Ac. aforefaid, atWeflminfttr aforefaid, " "-* 'in the faid * co. of Middlcfex, before the faid chief jufficeof the faid lord the king, affigned to hold picas before the kinghim- felf, in the caufe aforefaid, by his own proper a(5l and confent, falfely, wilfully, and corruptly did commit wilful and corrupt perjury, to the great difpleafure of Almighty God, to the evil example of all others in the like cafe offending, and againft the peace of the faid lord the now king, his crov/n and dignity, &c. Procefs Whereupon the faid attorney-general of the faid lord the now prayed. king, prays the confideration of the court here in the premiffes, and that due procefs of law may be awarded againft him, Venire to j]jg f^jj ^ q ^^ elder, to make him t© anf/:er, &c. Where- upon the fhcrifF of the county aforefaid is commanded that he do not omit, &c. but that he caufe him to corae to anfwer, &c. And now, to wit, on the Friday next after the Odtave of St. Hilary, in this fame term, before the lord the king, at Weft- minffer, comes the faid William Crofs the elder, by Jafper Waterhoufe his attorney, and having heard the information lds ', and the fa,id Stroiit, the Jame titne or a little before^ became boimd to the /aid deponent in two other bills, which were for- feited about twelve months ajter, and are ftdl in force, and this depo- nent being kept out of his money upwards of four years, in Trinity and Michaelmas term 1660, did fue frth an original capias alias and pluries againft the faid Trevethick and Stro\it, upon one of his faid bills, and the /aid obligors then keeping hou/e, or fo ab/enting_ them/ehcs that they could not be arrefcd, this deponent did run the fame to the exigent, and in Rafter 1661, as he finds by his books, they zuere outlawed, and m Trinity vacation then following, upon a fptcial capias utlagatum, there was an inquiJitio7i taken and certified into the Exchequer, but this deponent did never ftir or move in it afterwards ; and this deponent Jurther faith, that he had not one penny of the /aid money, of the faid Trevethick or Strout, but con- fefjeth that one Mr. Chrifopher Leuch, on the l^d day of Oclober ^_ 1662, did pay unts this depon^int the moft part of the money mentioned P. 140. inthe faid * fir ft bill, and did then give his own bill for 3/. rejidue cf the faid money, wlitch is as yet not fatisfied, as by the fame doth appear, but hozu the name of Robert in J omt of the offices was made William this deponent knoweth not, and this deponent likewife faith, that at the time the faid Mr. Leach paid him part of the faid money, he gave him a note to one Mr. Frankly n, in the outlawry-office, that hejhovld confent to the reverfal of the outlawry, and advi/ed the faid Mr. Leach to di/charge the faid fiei'/Aire, otherwife it would come forth in charge fr many years after \ zuho replied, that he had re- ceived '^l.for the doing of it, to whom this deponent anfwered, he did htliive it xuouldcoft §A arj aftsr that for five or ftx years it was [till IncliclnieiUs for Perjury. Jl'iU in charge, cnly the nime and I ar'ijh altered, and thereupon iJie JJjeriff didjlrbear to levy any ny>rey, until abtut the i^th of 03ober l66S, the /her-ff or his bailiff having taken tjieir goods, it rca; agreed on between the bailiff and Strout, that there ffould be a bond given to t/teff^crffs u/e, to difcharge hirn, and thireupon this depoiient two tr three days after the taking off the /aid goods, upon the requeft off the bailiff's and Slrout, went into an houje where they were making Jlriil enquiry ffyr the under fferiff's clerk's name, wJioJe chrijlian name this deponent could not certainly tell ; a7id then th y offten and fundry times defired that the bond might be in his namet and that t'ticy ff.oiilijpcedily bring money fir to procure a difcharge for thejbenff and lake rffthefeizure, but this deponent utterly refufed ■ to take any bill in his 7iame, but promifed if they Jbould find money fiifficmit to take off' the fecurity, and Jj left them ; and after this deponent was ^one out zciihin^ one hour ajtcr^ jhc bailiff took a ally in his this deponents name, fir 5/, to be paid the 2\fi day of December fcllovjing, and about fix zoeeks after that titne, John Strout came to the deponent's hou/e, and brought 10,?. for this defjo- nent's rdan, to fearch hozu things food, and difcharge the /J:ie) iff, which he accordingly d-d, by retaining Mr, Bernard, and giving him five ffilliiigs and other tnoney to his clerk ; and thefferiff, as this deponent hath been informed, zvas by him di/charged for the preceding year, and that if Slrout had brought m.re money the fei'/Aire had been, difcharged; and this deponent doth utterly deny that he did at any ttJne threaten or expeB to have any part of their e/late, cnly befire the money was paid, he doth not xuoll remember, the faid ^trcut and tTrsvethick keeping hou/'e, or abfenting themfelves fi,r other debts., whether or no he dd fay he ffould take a leeffe out if the Exchequer ; hut Jince the payment of the faid money, this depor.ent did never put them to any charge, -neither dul they fuffer a penny dtirnage, either by means of hnn, cr any other by his th'S deponent's privity and procure- ment ; and this deponent further faith, that he hath }y himfelf and others, tendered the /aid bills of ^l. to the fiid John Strout, zuhick he refufed to take, Robert Pearce." As by the oath at'oiei'aki, oif the laid Robert Pearce in writing remaining, of record, in ihc couit of the faidionl the king, t)f the bench at Welbninfter, in the county of ]\Iiddlefex aforefaid, more fully appears, v/hereas in truth and in fact, the baililrs aforefaid, did not takethe* hill*p^ liF, aforefaid, in the oath aforefaid nicntioned, for tlie payment of 5L Avermen * as aforefaid, in the name of the faid R. P. after the departure ofin t'nc rf.c\. the faid Robert from thehouic aforefaid, but he thefaid K. in hiscetl infor- own proper i;ainc, in the hqufe aforefaid, took the bill afore- "'*'^'*^"- faid. And whereas in truth and in fa6t, the faid Robert Pearce threatened to have part of the eftate of the faid Williaiii Strout, and whereas in truth and in fatH:, after the p::yment of the laid fjm cf money, (to wit, meaning the faid fum of mo- ney, by the laid Chriltophcr Leach above as aforefaid, paid to the faid Robert Pearce, on the ?.l<^\. day of 0(5tober, in the year of our Lord 1662)' the faid Will'aiu Strout by the fiid y. R.obcii; Indidments for Perjury. Robert did fuftain many expences, and by the procurement or affent of the faid Robert Pcarce v/as damaged to the value ©f two hundred pounds and more. And fo the faid Robert Pearce on the 30th day of Mav, in the 23d year of the reign of the Jord Charles the 2d, now king of England, &c. aforefaid, at WeftminfUr aforefaid, in the faid county of Middlefex, before the faid Thonias Tyrrill, then one of the juftices of the faid Jord the kinj:;, of the bfc»ch as aforel'aid, then having fufficienjt power art' author'ty to adminiller the oath aforefaid, , to the faid Robert i'earce, talfely, wilfully and corruptly, by his own prope/ aft and confent, in the manner and form aforefaid, com- mitted \\'ilful and corrupt perjury, to the great difpleafure of Almighty God, in contempt of the faid lord the now king, and of his laws, to the evil and pernicious example of all others in the like cafe offending, and againft the peace of the faid lord the now king,' his crown and dignity, (Sec. v\'hereupon the Ciid coroner and attorney of the faid lord the king,- for the faid lord the king then prayed the confideration of the court here, in the premifl'es, and that due procefs of law {hould be award- ed againit the faid Robert Pearce, to make him to anfwer to the faid lord the king, of and concerning' the premifles, &c. as by the information aforefaid, in the court of the faid lord the king, before the king hlmfelf, here in the court remaining of record more fully appears ; and further the faid coroner and attorney of the faid lord the king, gives the' court here to un- dcrlfand and to be informed, that afterwards to wit, on the Wcdnefday'next after three weeks of St. Michael, in the 24th year of the reign of the faid lord the now king, before the faid lord "the king at Weftminfler, came the faid Robert Pearce, by Jafper Waterhoufe his attorney, and having heard the in- formation alorefaid, faid that he was not guilty thereof, and of that then pat himfelf upon the country, and t|ie faitl Tho- mas Fanlhaw, knt. coroner anri attorney of the faid lord the king, in the court of the faid lord the king, before the king Kimlelf, who for the faid lord the king in that behalf profe- cuted, did the like. Sec. In which caufe it was in fuchwife pjroceeded in the court aforefaid, that the ifTue aforefaid, fo as aforefaid joined afterwards to wit, on the Friday next after the odave of St. Martin, to wit, on Friday the 22d day of November, in the 24th year of the reign of the faid lord the row king, before Matthew Hale,, knt- chief juifice of the Jaid lord the king, afiigned to hold pleas before the king him- felf, at Wcffminflcr, in the county of Mitldlefex, in the due ir^aniitT was tri'hn I'eaine to tlie ufe/^ ptiji,!-;. of the fub-fheriff : and whereas in truth and in fac'l, the faid Mr. Pearce at the time of the fcaling and delivery of the writing obligatory albrei'aid, was in the lioiife of the faid Tho- mas Jole, and not in the church : and whereas in truth and ia fail, at the time of the fcaling c^f the obligation aforefaid, there were more than fix perlons in the laid houle, as ilie faid Thomas Jole falfely, wilfully and corruptly did fiy, depofe, Iwear, and upon his oath aiiirm, and give in evidence to the jury aforefaid. And that the laid John Baker, on the faid 22d day , of November, in the 24th year of the reign of the faid lord^^[-)'^''J ''*' the now king aforefaid, at Wcilminller aforefaid, in the laid ' *""" county of Middlefex, before the faid chief jullice and ihejuiy aforefaid, falfely, wilfully and corruptly did lay, depofe, fwcar, and upon his oath affirm, and give in evidence to the jury afore- faid, fworn to try the iifue aforefaid, " That the writing obligator'^ (meanJna the writiug obligatory in the infgrmailon aforefaid J^ a jircJitioned) I Indictments for Perjury. mentlored) n'as ^elhtred to 'John Pe.i;ne, (meaiiing the falcl John Peaiue) to Jhs ufe of the ful-lherlff, (meaning to the life of John Littleton, fiib-£heriff of the county of Cornwall afore- faid) and that the ivritzng olUgat'jty afore fuid, was in the name of A'Ir. Pearce, (meaning the laid Robert Pearce, the defendant in the caufe aforefaid) and that at the tim: fftht fealing and delivery of the zur:t':r.g cbhgatcry afirefa'd, the f aid Mr- Psarcs (meaning *P. 14.3, the faid Robert Pearce) zvas iti the ''^' fifmmer-hoiife, (meaning a Ave me^ts certain gallery at the manfion-houfe of the faid Thomas Jole)." •f perjury. Whereas in truth and in faft, the \vritinkz. the clofes of ihe faid W. called the walie and plot of ground, at the parifh of, &c. in the county of Devon, broke and entered, and the grafs of the faid W. to the value of 40I. in the clofes aforelaid lately c^rowing, with their feet, by walking trod down and confumed, and alio other grafs of the faid W. to the value, &.c. In the clofes aforefaid, in like manner growing, with certain cattle, to wit, horfes, oxtn, cows, hogs and iheep, eat up, trod down and confumed, and alfo then and there the foil of the clofes aforefaid, dug up ai'.d fubverted, and alfo in and upon the foil of the clofes aforefaid, planted trees, to wit, twenty oak and afh trees, (the trefpaffes aforefaid, as to the eating up, treading down and confuming of the Other grafs aforefaid, with ciic catile afoicfaid, from the laid day in the year. Indip Q that he is gviilty of the perjury in the indictment * aforefaid ^4o*jnentioned, and thereupon his confeffion is recorded by the court, and fo being thereof convicted by his own proper confef- fion, it is ordered that he pay to the lord the king tbc fum of twenty pounds, for his fine, for the occafion aforefaid, and he is committed to the Marfhal In execution, fafely to be kept, until he ihall pay the fine ■, and that he Ihall Hand in and up- on the pillory, on the Tuefday next, in the court yard of the palace, at Weftminflei', with a paper upon his head, denoting Kis offence, between the ilth hour before midday of the laid day, and the •zd hour after mid-day of the faid day, for the fpace of I hour, and alio that he fhall Hand in and upon the pillory, on the Wednefday next, at Charing-Crofj, with the faid paper upon his head, between thehours aforefaid, for the fpace afore- faid, and that the faid Marfhal ihall deliver the defendant t9 the Sheriff of Middlefex, to execute the judgment aforefaid, and after the execution of the faid judgment, the faid fherifF fiiall rcdelivcv him to the faid Marfhal, fafely to keep until he ihall pay the fine, and that alfo he fnall fland in and upon the pillory,on the Friday next, nigh to the gale of the Inner-temple, in Flect-ftreet, London, with the like paper upon his head, be- tween the faid hours, for the fpace aforefaid, and that the faid marfhal deliver the defendant to the fheriifs of London, to exe- cute the judgment aforefaid, and after the execution of the faid judgment, the flierifFs fhall redeliver the defendant to the faid marfhal fafely to be kept, until he Ihall pay the fine. By the Court. The King againft Stone. In'3; a depo- tl^g now king, there was a certain fuit then depending in the a mS\e!-^irco«" of Chancery of t.hs faid Iwrd tjje n©w J^isg, at Wcitmin Chaucejy, "*" Indldnicnts for Perjury. Aer, in the county of Mlddjefci aforcfaid, by Eagllfh petition, ccncenilnj between Robert Atfeyns, knight of the Batli, and Richard At- the lervlce kyns, efq^-, and that thereupon one Robert Stone, of the parifli*''^* ^^"^'^ °^ of St. Martin in the Fields, in the county ol Middicfcx afore-^*"^" j* . faid, mealman, on the faid tventy-ninth day oi July, and 23dof that year aforefaid, came' before Mundeford Eranillon, knt. then bc-court, iti a ing one of the mtflfrr of the court of Chancery, of the lord thc<:aurc bc- novv king, at Weftni'nfierafoiefiid, and then and there the faid^y^'*;*" ^"' Robert Stone not having the fear of God before his eyes, but |^ ''^j'^--^^'^ being moved and fediiced by the inlligation of the devil, before card's Ior4 the faid Mundeford Bramfion then and as yet one of the maf- chief karca tcrs of the faid court of Chancery, having full and futHcient o* the Ex- power and authovlty to adminiltcr an oath to the ^*'^i'"'^j'^"»"'u Kobert Stone in that behalf, upon the Holy Gofpel of God in.^^ Aikyn'i the due form of law was fworn, and took his corporal oath, euuir;. ' and the fiiid Robert Stone, then and there upon his oath afore-» faid, before the faid M. B- then being one cf the mailers of the iaid court of Chancery as aforclaid, and having full and fuffici- . ent power and authority to adminiftcr an oath to the laid Ro- bert Stone in that behalf as aforefaid, falfely, v/llfully and cor- ruptly did fay, fwear and depofe, " that on So.turduy then behig , the faid twenty-ninth day of "J'jly, he mti the (aid Bichird Atkint vi ^'J^T' the Inner-templt, ard the /aid Rcbert Stone having the zvrit qf'e.rccic- ticn of an »rder' to Jtrvs * him out qf the honour aJdc court ofChan-'^J*^ L^Qi ccyy, at thefuii cftnefz'd Roheri Atkyns^ the /'aid Rbcrt Stone did Jhex/.' to the faid Richard Atkyns the faid Tvnt, urderfal, and did offer to deliver to him a copy cf the /'aid -writ, and ferve him ihere- •zi/ith, hut the /'aid Richard Atkyn^f voire a defperais eaihthatiftiie ./aid JRoberi Stove would come -near him the. Jaii Richard, to fervg him therew'fth, he the faid Richard Atkyns, him the faid Rcbcrt Si tone zL'Otdd run through, or ujould he the death of him ; and that ihejervant of the faid Richard Atkyns then being prefeni with his /aid maftcr aj$refaid, fwor: many dclpcmte caths, that if he the /aid Robert Stor.e wO'dd appr*axh to him, he would run the [aid Robert ^tone through, avd al/'ofaiore that if hi ever met ihe /aid Robert hs would he his death ; and the faid Rdcrt further did depo/c, that up- tn the Thmfday then lal}, he was at the Chaniler in tiic Middle-tem- ple, where the /aid Richard Atkyns did lodge, and that tbe fa''d Richard Atkyns then was in the fetid Chamter, and fpokc to one jfames Johfon, zvho was with the faid Rohcrt Stone, and the /airl jfames fohnfcn did deliver to the/er-vani of ihe /aid Richard Atkynx a copy cf the faid writ cf execution ; and one Mary fackfon, wh» then was with the /aid Rohtrt Si.ne, did pew to the /trvcnt of the faid Richard Atkyns, ihe /'a':d writ under feal\ and as /jon as Jhc had fjczDU the /aid writ under /eal, the faid /erva'at laid his hand vp»n his /ward, and pirfued the faid Robert three pair of flairs, /wearing that he would, be the death of hiin, the /aid Robert Stone," 'A'hereas 'm truth and in fad, the faid Robert Stone did not -fticw^d^^j^^j^j ^> '-' ' ' •■* tOofpeijury, Indiclmcnts for Perjury. to the faid Richard Atlfjns any writ of execution under feal, at the fuit of the laid Robert Atlcyns, nor did he oflFer to fhew any fuch writ, or to deliver to the faid Richard any copy of any llich writ, or to ferve him therewith ; and whereas in truth and in faft, the faid Richard Atkyns did not fwcar that if the laid Robert Stone would come near him, he the faid Richard him the ftid Robeu would run through, nor did he Iwearthatit he lliould ever meet the faid Robert Stone, he would be his death, as th? faid Robert 5tonc upon his oath aforefaid, before the laid Mundeford Bramfton, fallely, wilfidly ^'^"^"^ ''""'and corruptly did ffiy, depofc and fwear. Ar.d fo the jurors aiorefaid, now here fworn to enquire for the faid lord the king and foi the bcdy of- the county aforelaid, upon their oath afortfaid, lay that the faid Robert Stone on the faid 2gih day of July, in the 23d yrar, 6cc. aforefaid, at Weftminfter aforefaid, in the county aforefaid, btrfore the faid Mundetord Bramfton then bein^ one oi the maftcrs oi the faid court of Chancery, who then and there had full power and authority to adminiller the laid oath to the faid Robert Stone, falfely, wilfully and corruptly Wd commit lalfe, wilful and corrupt perjury, to the great difpltafure of Almighty God, in contempt of the faid 1ot6 the king and of his laws, to the great damage of the faid Richard Athyns, to the evil and pernicious example of all other* in the like cafe offending, and againft the peace, 6cc. ' ^-^° * The K-ing again ^ Boucher, and others. Hilary, 26th aud ^7th Charles II. Information . "> rip HAT Henrv Boucher, of, &c. in the county of Krendamr ^^^' ^ ^ Somerfet, labourer, Ed. Cornelius, the younger, I'or perjury of Wineficld, in the county of Wilts, labourer, and-Tho. Love, ->n a depoii- of Wincficld, io the faid icounty, of Wilts, labourer, on the ten, iiefore 28ih day of May, in the 2eth year of • the reign of our lord a^jufVice of(^j^jj^j.jgg j^j^g 2d^ of England, &c. contriving and intending one thatap^r'bn-'^-^^'^/ Swath, widow, greatly to opprefs and dilli efs, on the faid wa^ pj-ci'er.t 28th day of May, in the 20th year, bic. at'brefjid, at Cutteridgej at an un- within the pariih of N-oi thbradiy, in the county of Wilts afore- hwfu! con- fa|(]^ Jn their proper perfons came before William Trenchard, T'"".^k'u cfquire, one of the jufliees of the laid lord the king, affigned perfoHwas tppicf^'ve rhe ptace of the faid lord the king, in the faid f.iic i, county of Wilts aforefaid, and then and there did take iheii' ,' corpoial Indidmeftts for Perjuiy. eovporal oaths upon the holy Gofpel of God, before ih? faidOatts. William Trenchard, (the faid WilliamTienchard then and there having full and fiifficicnt pov/cr and autht^rlty to adminiftu" the laid oaths to the faid H. B. E. C. and E. L.) ar.d that the fald , H. B. K. C. and E. L. upon their oaths afortfaid lo taken, not having the fear of God before their eyes, but being moved and fcduced by the inftigation of the devil, ihtn and there by their ieveral ads and their own proper confcnts, falfely, mnlicioufly, wilfully and corruptly upon their oaths aforcfaid, did fay, de- •ofe and fwear, and each and every of them, by his own pr(<- f)cr aremi(re;, and that the due 1}T^X'i;fs of law againit the fatd ii. n. Indidmcnts for P«ijury. Venire to H. B. E.G. and E. L. may be awarded In this bcKalf, tn mak« lvva7d ^^^'^^^o ^"^'^'er to t^-e faid lord the king, of and touching the • premifTes, &c. Whereupon the fherHF of the coiintj is com- manded, that he do not omit, &c. but that he caufe them to come to anfvver, &c. And now, to wit, en the Saturday next after the o^ave of St. Hilary, in this fame term, befoie the lord the king at Weftminiler, come the faid H. B. E. C. and E. L. bj W. E. their attorney, and having heard the inform.a- Not guilty tion aforefaid, feverally fay that they are not guilty thereof, and of this put themfelves upon the country, and William Jones, knt. attorney-general of the faid lord the king, who ior the faid lord the king in this behalf now profecutes, doth "Ven;re fa- the like, ucc. Therefore let a jury come thereupon before the torf.r'^' faid lord the king, from (he day of Eafter in 15 days, where- awarded. -Soever, 5:c. and who neither, &c. to recognize, &c. becaufe as well, &c. the fame day is given as "well to the faid William Jones who profecutes, i:c. as to the faid H. B. E. C. and E. L. at which fifteen days of Eafter, before the faid lord the ' FUeeimet l^'^^gj at Weftminiler come, as ■well the faid William Jones, mnmftt who profecutes, &;c. as the faid H. B. E.G. awd E.L. by trev:.'' w^ £^ their attorney aforefaid ; and the Iheriif hath not fcnt the writ thereupon, therefore as before let a jury come thereupon, before the faid lord the ting, on the morrow of the Holy Trinity, wherefocver, &c. and Xvho, &c. to recognize, &c. becaufe as well, 5:c. the fame day is given as well to the faid William Jones, who profecutes, &c. as to the faid H. B. E. G. and E. L. &c. At v/hich monow of the Holy Trinity, before the faid lord the king at Weftminfter, come as well the iaid William Jones who profecutes, <^:c. as the faid H, B. E.G. and E.L. by their attorney aforefaid, and the fberiff returns the names of 24 jurors, of whom none, &c. Therefore he *iflrin(> - '* commanded that he do not omit, but that he diftrain them awarded' W ^^^ '^^'"" lanJ?. &c. and that of the iifues, &c. and that he have their bodies before the faid lord the king, from the day of St. Michael, in three weeks, wherefoever, £cc. or before the juftices of the faid lord the king, affigned fo take affizes ip, the county of Wilts aforefaid, Ice. ^he Kin* a^ainft Brooks. lnoi'f>inent o a ^ fur peijory, in an an- . .^^ ^ . frtcr in To wit \ rx '* remembered, that at the general quarter Chancery. " j* Aj feffions of the peace of the lord the king, held for the city of London, at the Guildhall of the faid city. Caption, and within the laid city, to wit, on Wednefday the nth day of Indi^hnents for Perjury. ♦f January, in the 17th year of the reign of our lord Charles the 2d, of England, &c. king, 6cc. beioie John Lawrence, kt. mayor of the city of Londou, Thomas Adams, knt. and bait. &c. and others, their fellow julliccs of the iaid lord the kin?, aflignedto prefeive tlie peace in the faid city, and alfo to hear^p and determine divers felonies, * trelpafies, and other raiidccds ^'■^5'" in the laid city perpetrated, the faid feliio.n of the peace Adjoum- of the faid lord the king was adjourned by the faid jultices of mem to the faid lord the king tijcie, until the Friday next, to wit, Juf'icL-liAl! the 13th day of the faid month of January, in the year afore- '".'^* '''* faid, at the 7th hour before mid-day of the laid day, at Juflicc- '' ^' hall, in the old Baily, in the parifli of St. Sepulclue, in the ward of Farringdon, without, London aforefaid, to be held be- fore the faid jultices and othesr their fellows juflices of the i'aid lord the king, &c. and to do further as ihc court fliall confider, &c. And thereupon by a certain inquifition taken, at the faid general quarter feflions of the peace of the faid lord the king, held for the city of liOndofi, by the adjournment aforefaid, at Jultice-hall aforefaid, in the parifh and ward aforelaid, on the laid Friday the 13th day ot January aforefaid, in the year aforefaid, before the faid J. L. knt. mayor of the city of London, T. A. knt. and baronet, R. B. knt. &c. aldermen of the faid city, and William Wyldc, knt. and bait one of the faid lord the king's ferjeants at law, and recorder of the faid city, and others their fellows, jufl;ices of the faid lord the king, aiiigned to preferve the peace in the faid city, and alfo to hear and determine divers felonies, trefpaffes and other mifdeeds "within the faid city perpetrated, by the oath of Francis Per- kins, W. S. P. G. (and 14 others) good and lawful men of Bill of in- the city of London aforefaid, then and there fworn and charged ^'"^'"•^"t to enquire for the faid lord the king and body of the faid city,'°"""' It is prefented that the following bill is true, " Londan to why the jurors fir the [aid lord the king upon their oath pre fent, that whereas Nuthanid Sharp of London, haherdajher, on the 22d dtiy tf April, in the i^th year of the reign of our lord Qiarles the 2dls, cofnplaints and de- mands whatfitver, from the beginning of the zvorld to the day oj' the daleofthe faidrekaje ; a» by the iaid bill remaining of record in the faid court of Chancery among other things more fully appears. And that the faid 'H.h. of London, ftatloner, afterw-nrds, to wit, on the 5th day of May, in the 14th year, &:c. aforefaid, at Lon- don, to wit, in the paiifh of St. Dunftan, in the weft, in the ward of Farringdcn without, London aforefaid, came before Natha- niel Htibbert, lent, then one of the mallei s ot the laid court of Chancery, and then and there, before the faid N- H. did exhi- bit in writino;, the anfwer of tlie laid N. B. to the faid bill of complaint aforefaid, and the faid N. B. being then and there Oaih. fworn in the due form of law, upon the Holy Gofpcl of God, before the faid T' . H, then one of the mafters of the faid court of Chancery, and then having fulBcient authority to adminifter - as! oath to the faid N. B. the faid N. B. then and there, upon his oath before the faid N. H. lent, then one of the mafters of the faid court of Chancery, did fwear, that fo much of the an- fwer of the faid N. B. fo as aforefaid before the faid N. H. ex- hibited, as concerned the proper ads and deeds of the faid N. ^. he Indi(5lmcuts for Perjury. h. he the faid N. B. knew to be true, and that fo much of the iaid anlVer as concerned the aftf and dce«ls of any otlier perfon, he the faid N. B. believed to be true. And that the faid N. B, not having the fear of God before his ejes, but being moved and Jeduced by the inftigation of the devil, and difregarding the laws of this kingdom of England, nor in any manner fearing the penalty in the fame contained, and holding his oath aforcfaid, as nothing, then and there upon hi? oath aforcfaid, in hit faid anfwerto the bill of complaint aforcfaid, ialfely, wilfully, andPeijary. corruptly among other things did anfv/er, fay and fwcar, in writing, in thefe Englifh * words follov/ing, " Thai rhe csmplain-*P,iC.A.t ant (meaning the iaid N.S.) being irdthted to the defendant (mean- ing the faid N. B) for money lent at fe'veral times untoliim (mean- ing the faid N. 6.) hy this defendant (meaning the faid N. B.) and being likewife indebted to him (meaning the faid N. B.) in HI. Jcr hooks fold unto him, (meaning the faid N. S.) and for his lodg- ing, uajking and diet ; and this deponent (meaning the faid N. B.) having laid out fsveral fmns if money for him (meaning the faid^. S.) in attending on the execution of a commiffion of bankruptcy fued Out againjl him (meaning the faid N. B.) the eommiffioners in the ''J aid commifjion having fat feveiral times upon it ; and this defendant (meaning the faid N. B.) having laid out fever alfums ofmtneyfr him (meaning the faid ]SJ.B.)i«/A before and after the faid commiffion •wasfuedout inprofccuting a catKpfitinn with his creditors (meaning the creditors of the faid N. S.) and this defendant (meaning the iaidN. B.) having taken great pains, and deferved much therein, in all a^ountiTig to igl. 125. at leaf], and ths complainant (jncamng the faid N. S) beijig veryfenfible thereof, did upon the zZth day tf February, 1655, /jj (meaning the faid N. S.) then Icdqing at this defendant's houfe (meaning the houfe of the laid N. B,; dfhis ow7t ticcord cam.e unto'this defendant (meaning the faid N. B.) /« his faid houfe (meaning the houfe of the faid N. B,) with jfohn Fuzuler (meaning the faid J. Fowler) his brother-in-law, and then and there acknowledging the faid deht, did fir the full fatisfadion there- of, together with the faid jf. F. (meaning the faid J. F.) as his furety, enter into a bond to this defendant (meaning the faid N. B.) andxukich obligafio?! (^mesLning the laid obligation) //:f t'Owz/ZtZ/K- ant (meaning the faid N. S.) wrote with his oiunhand, tf the pe- nalty of 40I, baring date the faid 28th day ef February, in the year eforefaid {jntznmg the faid 2Sth day of Februaiy, in the year cf cur Lord, 1655) and fsalid loth by the faid complainant J^iViti.viwi'^ the faid N. S.) and the faid John Fcrvler, conditioned J or the pay- 9Hent of 1^1. I 2s. to this defendant (meaning the faici N. B.) up- %n the 2%th. day of Augufi then next follj-Ming (meaning the 28(h day of Augufi, in the year of our lord, 1656). and this defen- dant (fKcaning the faid N. B.) denieth that the faid hordwas en- tered into or f'culcd upon any of the perfuaftor.z, alkgatv.ns, reafons »?td purpofes cr intaits, inthebillfcandnloufy aludgtd, or that it •M>0i entered intc, Qrfealed upon, or for an^ olhtr reafon, t»d, ' fur- A a pff Indi£tments for Perjury. pcfe or inteift, than this defendant (meaning the faid N. B.) hath he- . Jbre fet fcnh'y and particularly this defendant (meanirg the faid N. B.) dciiieth thai the /aid bond xv as J tilled, or to t-e fealed by, the complainant {mc?i.n\n. in any attendance upon the execution of any commiffion of bankruptcy fued out againJt the faid N. S. and whereas in truth and in tact, no commiffion of bankruptcy was futd out againll the faid N. S. before the date of the faid obli- gation ; and whereas in truth and in fact, the faid N. S. on the faid 28th day of February, in the year of our lord i655> '^'d rot lodge at the houfe of the faid N. B. and whereas in truth and in t'acft, the faid obligation was fealed by the faid JS^.S. up- on truft, and only lor the intention, that the laid N. B. fnould appear as a cieditor of the faid JM. S. and to give colour that the faid N. B. was a creditor of the f«id ]SI. S. and whereas in truth and in fact, the faid J. F. did never feal and deliver as his deed, the faid obligation in the bill and anlwer aforcfaid mentioned ; and whereas in truth and in facf, the faid N. B. after the feal- ing of the faid obligation, did feal and deliver to the faid N. Jj. a releale of the iaid obligation. And fo the faid jurors now here fworn to enciuire for the faid lord the hing, and for the body of the city ot London afortfaid, upon their oath fay, that the faid N. B. on the faid 5th day of May, in the 14th year a- iorelaid, at the pariih afortfaid, in the ward aforefaid, in his aiifvver afoicfuid, to the bill of co.mplaint aforclaid, in the man- ner and foixn aforefnid, falfely, wilfully, and corruptly did commit Indidmcnts for Perjury. •ommit wilful and corrupt perjury, in contempt of the falcl lord the now king, and ot his laws, to the evil example of all others in the lil:e cafe offending, and againft the peace of tkefaid loid the now king his ciovvn and dignity. jnu. The King agalnfi Sotherton and others. T wit ^ T'^ ^'^ infornied that one Elizabeth Sotherton, ynformat!o« 5* A in the court of Chancery of the lord the king, for prrjuiy, the fald court then being at Weflminfter, in the county of Alld- ''i "^'^P«'i"- dlefex, did exhibit a certain Englifb bill of complaint, againll!"" '^f*°" one Edward Wood, Catharine Rawdon, Elenor Ramlord and "i^^j "'''|^ Robert Ramford, ot and concerning a certain mcfluage or tene-dufeae- ment with the appurtenances, lituite in the parilh of St. Mag- dcpendinfy dalen * Bermondfey in Southwark, by one John Sotherton, '''CJisncery, then deccafed, late the hulband of the laid E. S. the faid plain- *'P. 1 5^' tiff, then before fuppofed to be taken from the faid Edward Wood and the faid defendants, and by a certain deed of the faid Edward indented, for and in coniideration of a competent film of money to the faid Edward Wood, fuppofed to be pal)vhatfoever ; and of certain murders, felonies, manllaughters, killings, burglaries, rapes of women, meetings, conventicles, un-. lawful uttering of words, co'nbinations, milprilions, confedera- * cies, falfe allegations, tiefpalTes, riots, routs, retentions, efcapes, contempts, faliities, negligencies, concealments, maintenances, opprelTions, champariies, deceits, and other mildceds, offences, and injuries whati'oever, and alio ot the acceifaries ot thefame, within the faid county of Chefter, as well within liberties as without, by whomfoever, and in what manner foever, had, done, committed, or perpetrated, by whom, to whom, when, how, *nd in what manner, and of other articles and circumftances, the premiffes, and every and any ot them howfoever concerning, and the faid treafons and other premiiTes to hear and deter- mine, according to the law and cuftom of the kingdom of the iaid lord the now king of England, by the oath of twelve jurors, good and lawful men of the faid county of Chefter, then and there fworn and charged to enquire for the faid lord the king, ieces of ^old, and Jive piunds in JHver, for his journey, (mcaninj^ the journey ol the faid T. S, to the faid duke of Monnjouth) a^id that he the [aid T. S. then aj'terwards, hired a horfe and delivered the mefjage to the duke of Monmouth, (aieaning the laid late duke of Monmouth)," and that the faid T. S. then and there upon the faid trial being interrogated by the faid George, lord Jeffreys, baron of Wear, lord chancellor of Eng- land, and then lleward ofTingland, from whom he the S\\\A T» S. had received the laid money, he the faid T. S. then and there falfely, malicioufly, wickedly and corruptly did {a^, depofe, fwear, anfwer, and upon his laid oath further did give in evi- dence to the faid peers, ot the laid Henry, baron of Dclemere, " That he the /aid 1. S. had received the faid money from lord Di- lemere," whereas in trftth and in fact, in the beginning ol June, then laft paft, the laid T.b. was not fent for toMere.and where- „ as in truth and in fact, the faid T. S. was. not conduced into a ^"* c Jower room at Mere ; and whereas m truth and In tact, tne laidp„,ju t. lord Delemere, R. C. kt. and baronet, and Mr. Offley were net there prefent *, and whereas in truth "-nd in iavft, the faid loid Delemere, R. C. knt. and bart. and AIi . Oifley, did not inter- rogate the faid T. S. whether he the faid T. S. would undertake to carry a meffage from them to the duke of Alonmouth ; and whereas in truth and in izSt, the * faid T. S. did not undertake „ lo do it ; and whereas in truth and in facl the faid T. S. never a . IOI4 received eleven pieces of gold called guinea pieces of gold, nor five pounds in lilver, tor hii journey ; and whereas in truth and in fart, the faid T. vS. never received faid money from the faid lord Dflemere, as the faid 'J\ S. by hisfalfe and untrue vef- tiniony aforefaid, falfely, maliciouflyj wilfully, and cmrupily, by his own proper ail and confent, upon his oath afi>refaid, did fay, depofe, relate and give in evidence to the peers cf thcp , - faid Henry, baron of Delemere, at and upon the faid trial ; — ' ' And fo the faid T. S. cm the faid Thurfday the 14th day of January, in the ill year of the reign, &c. aforefaid, at VVcll- minller aforefaid, in the faid county of Middlefex, before the faid George, lord Jefffv^ys, baron-uf W«;m, lord chancellor of I» b England, Indid^ments for Pcrjuiy. Eiiglanc], and til en fleward of England, by his own proper aft" and confent, and of his own muft wicked mind, in the manner and form aforefaid, falfely, malicioully, wilfully and corrupt- ly, upon his oath aforefaid, did commit wilful, voluntary, and corrupt perjury, to the great difpleafure of Almighty God, in roanlfelt contempt of the laws ot this kingdom of England, to the evil and pernicious example of all others in the like cale offending, and againfl the peace of tlfe faid lord the now king, his crown and dignity; vi-hereupon the faid attorney-general of the faid lord the now king, for the faid lord the king, prays the cbnfideration of the court here in the premrfles, and that ProceHj due procefs of law may be awarded againft the faid T. S. in this prayed. behalf, to make him to anlwer to the faid lord the king of, and touching the premiffes, Sec. And now, to wit, on the Satur- day next, after the oftave of St, Hilary, in this fame term, be- fore the faid lord the king, at Weftminlter, comes the faid T. S. in his proper ])erfon, under the cuftody of William Richardfon, gent, keeper of the goal of the faid lord the king of Newgate, and having heard the information aforefaid, faith, he is not Not guilty. guilty thereof, and of this puts himfeif upon the country, and R. S. knt. attorney-general of the faid lord the now king, who for the faid lord the king in this behalf profecutes, doth the like, therefore let a jury come thereupon, before the lord the Venire fa- king, in the court of the faid lord the king, before the king aas award- j^j^^,-gj£' ^^ Weftminfter, on the Monday next after the morrow of the purification of the bleffed Virgin Mary, by whom, &c. the fame day is given as well to the faid R. S. knt. who profe- cutes, 6c.c. as to the faid T. S. at which Monday next after the morrow of the purification of the bleffed Virgin Mary, before the lord the king, at Weftminfter come, as well the faid R. 3. knt. who profecutes, &c. as the faid T. S. in his proper perfon. And the fheriff returns the names of twelve jurors, of whom ProcJama- none, &c which jurors being called come, whereupon public '*"' proclamation being made here in the court, for the faid lord the king, as the cuftom is, that if there be any perfon who for the faid lord the king would inform the ferjeant at law of the faid lord the king, or the attorney general of the faid lord the king, or the Jury aforefaid, of the matters aforefaid,' that he fhould come forth and fhould be heard, and thereupon Thomas Jones, efq; one of the council of the laid lord the king offered himfeif to do tills, whereupon the court here proceeded to the taking of Trial at the iaid jury, by the faid jury now appearing, who being ele(fl- ed, trietl, and fworn to fpeak the truth of the premiffes afore- Veidift i^d'id, fay upon their oath that the faid T. S. is guilty of the guilt;. premiffts in the information aforefaid mentioned, as the faid information above fuppoi'cs againft him, * whereupon all and *P, 1^2- ''^"S"'^' ^'^^ premiffes being fcen, and by the court here iinder- ftood, it is confidered, that the faid T. S. fhall fland in and upon the pillory, oa Saturday the ijth daj ©f February, in the fOiUt- Indidments for Peijuiy; •ovtrt-yard of tlie palace, at Weftminftcr, between the loth and JuJ^niiiit 1 2th hours of the faid clay, for the fpace of one hour, with a paper fixed on his head denoting his offence, in large letters, to wit, *' Ihonas Saxon conv'i ,ed upon full evidence Jhr horrid per- ju.^y," and that the faid T. S. fhall Hand in and upon the pillory at Temple-bar in FIcet-itrect, on Monday the 15th day of February aforefaid, between the 12th hour and the jd hour after mid-day of the faid day, for the laid fpace, with the faid paper fixed upon his head, and that the faid T. S. fhall be whipt by the common executioner, from the gate of the city of London, called Ludgate, unto WeHminlter-hall in the county of Aliddlefex, on Thurfday the i6th day of February ; and that the faid T. S. {hall Hand in and upon the pillory at Cornhill, nigh to the Royal Exchange there, on Wednefd/iy the 17th day 01 February, between the 12th hour and the 2d hour after mid- day of the faid day, for the fpace aforelaid, with the faid paper fixed oc his head, and that the faid T. S. fhall be whipt by the faid common executioner, on Friday the 19th day of Feb. aforefaid, from the gate of the city of London, called Newgate, to the gallows at Tyburn, in the county of Middlelex afortlaid, and that the fh.eriffs of London and Middlefex ihall be aiding and aflifting at the feveral places and times aforefaid, to exe- cute the faid judgment, and that the faid T. S. pay the lord the king five hundred marks, laid upon him for a fine, for the oc- cafion aforefaid ; and that the faid T. S. is committed 10 the keeper of the goal of Newgate, until that he fhall pay the faid fine. The King again Ji H. P. Trinity^ 36th Charles IL Kent, ") ""pHAT on the 22d day of Februarv, in ;l,e Towit.^ y i year, (Sec. in the court of the biflioj. of Ro- J;^;";,'^,?^''"' cheiler, in the county of Kent, before William Triimbell, ;„ fii'pofi.7/ doclor of laws to the reverend father in ChriJl, Francis, byons, fornication or incontincncy, committed and perpotjaied byonec^urt. G. B. of the parifh, &c. in the county, &c. with one j. A. 7;ifc of G. A. at the promotion of the faid G. A. were Bb 2 exhibited. 1 Indi6lments for Perjury. exKibited, and that among other things in the $6, 4th and 5tH of the faid articles, it was alledged as follows, " (3.) Likewi/i zve article to you the faid G. that on or about the I'jth day of June, 771 the year of oin L'-jrdi(}%2, &c." as by the allegation and ar- ticle aioreiaid, relation being thereto had more tiilly appears: in which caufe it was in luch manner proceeded between the faid parties, that aiterwards to vA'it, on the day of and in the year, &cc. one H. P. of the parlfh, &c. and others, ,&c. among others were produced as wUneffes on the behalf of the faid G,A. to prove and tfltify the truth of the articles aforefaid above mentioned, in the faid caule exhibited as aforeiaid, and *P -^ftl '•'^^" ^"^ there were fwornjand each and every of them thei^ and ^' thei-e was "^ fworn upoirthe Holy Golpel of God, to fay and Oath depofe the truth, the whole truth, and nothing but the truth, to the faid articles • and the faid H. P. and others, &c. fo be- ing fworn, the faid H. P. then and there before the faid W. T. (ioftor of laws to the reverend father in Chrilt, Francis, by d.vine permiffion, lord billiop of Rocheftcr, vicar-general in fpirituals and official principal, lawfully conllituted •, by his own pr iper acl and confent, and upon his oath aforefaid, fallely, Perjury. rnal:cioufly, wilfully and corruptly did fay, and to the faid 3d article did depofe amoii^ other things, " That this depone >it came, l^c." as by the depofuicn of ^the faid H. P. to the faid 3d ar- ticle relation being thereto had more fully appears, whereas in AfTign- tidtJi and in fact, &c. Atid fo the faid coroner and attorney erf ptrjuiy the faid lord the king, for the faid lord faith, that the faid H. P: and others, &c. on the faid day and year, &c. at, &c. in the Conclufion. county, tScc. befoie the laid W.T. dodor of laws to the re- verend father in Chrifl, Francis, by divine permjlfion, lord biliiop of Rochefter, vicar-general in fpirituals and official principal, lawfully conltituttd, by tlieir own proper afls and confents, and upon their oaths aforefaid, talftly, malicioufly, wilfully and ccvrruptly did commit wilful and corrupt perjury, and eich of them by his own proper a(5t and confent, upon his oath aforefaid, faliely, maliciouily, wilfully nnd corruptly did cd C*unt. commit wilful and corrupt perjury, &:c. And the faid coroner and attorney of the faid lord the now king further fhews, that in the faid caule it was in fuch manner proceeded, that after- v/aids to wit, on the day and year aforefaid, certain "interroga,- tories in writinj;, in the due manner Were er-hibiled in the laid court, before the ftfid W. T. on the behalf of the iaid G.JB. to the witnelfes pro'duced, or to be produced on the part of the faid G. A. touching the matter aforefaid dbovementioned, among other things to be alkdged and articled, of which in-, terrogatorics, the tenor of the feventh interrogatory follows in thefe words, " Likewife t.he'faid H. F. is inierro',ia,ted, -o-'hether did 7iot ycu on or about the month of 'Janua''y luf, in the prefrnce and hearing of Mr. F'urda^e, iyc." as l^y the faid interrogatory relation Indl£lments for Perjury. relation being thereto had more fully appears ; and t},at the faid H- P. then and there, before the iaid W. T. doftor of laws to the reverend father in Chrift, Francis, by divine pcr- miflion, lord biihop oi" Rcchcftcr, vicar-general in IpiiitualsQ^ji,^ and official piincipal, lawfully conflituted, was fworn upon the Holy (jofpel of God, to anfvver and dcpofc the truth, ihc whole truth, and nothing but the truth, to the faid interroga- tory, and the faid H. P. then and there fo being fworn, the faid H. P. not having the fear of God before his eyes, but being moved and ieduced by the inlligation of the devil, then and there before the faid VV. T. doctor of laws, by his owu proper a.6k and confent, faliely, malicioufly, wilfully arid cor- ^'■J'"^' ruptly did fay, depofe, and to the faid fcventh interrogatory did negatively anfwcr, ('" jitv'er d-eclariitg anyfuch thing to the perfons, l^c." ) as by the depofition, &c. whereas in truth and in iait,^^^""^'"* &;c. And fo the laid coroner and attorney of the faid loid the ^ now king faith, that the faid H. P. on the day and J^^r, &c.Cq„j.jqc,qj, ^t, &c. before tlie faid W. T. doiftor of laws to the reverend father in Chnrt, Francis, by divine permifflon, lord bifhop of Rcchefter, vicar-general in fpirituals and official principal, lawfully conftituted, by his own proper aft and confent, upon his oath aforefaid, did commit wilful and corrupt perjury, * to*P. 164. the great difpleafure cf Almighty. God, againft the law-s of this kingdom of England, to the evil and pernicious example of all others in the like cafe offending, and againft the peace of the faid lord the now king, his crown and dignity, &c. where- upon the iaid coroner and attorney, &c. The King agcdnft Hutchinfon. JEafler, 56lh Charles i/;e 2d, London, \ fT^HAT on the day, and in the year, ficc. a certain ^nforrratioi Towlti) X procefs, containing a citation in writing, cou-t"'^ P'''j'"''' cerning a certain dtcree iffued out of the confiflorial court of^" anaffids- the reverend father in Chrift, Henry, by divine permiffion, lord tlVe'in th« bifi^op of London, under the fcal of his office dircdled, to all Spiritual and fingular the clerks and curates whonifot-vcr in and through- c<^t;rt, rcn- our his whole diocefe of I ondon, whcrefoevcr conftituted, bv "■"'"" '•" •which ^-roctfs reciting that, whereas t'he reverend fa'hcr in^*')'^^'^^,'^ ^ Chriit, Thomas, by divine petmiflion, lord bllhop of Lincoln ^t,at°cou'rt'. Indictments for Perjury. •r Lis vicar-general in fpirituals, or his lawful furrogate, rightly and duly proceeding, one T. I. of, &c. in the county, &c. and in the diocefe of London, adminlftrator of the goods, rights and credits of J. I. late of, &c. and of the diocefe' of Lincoln aforefaid inieftate, which were not adminilter«d by S.I. his reli(ft and adminiftratrix of his goods, rights and credits, then alfo deceafed, had oftentimes diligently fought hj the mandatary lawfully authorifcd, to cite him perfonally to the effect within written, who had neverthelefs fo abfconded, that he could not be perlbnally cited, as it was before him in that behalf alledged, at the petition of the party, John HufTey, of H. fcc. uncle to the faid S. I. lately deceafed, and refiduary legatee in the teftament or laft will of the faid S. I. widow deceafed, and adminiltrator with the faid will annexed of the goods, rights and credits of the faid deceafed, had de-, creed that he fhould be cited and fummoned to judgnient, at the day, hour and place, and to the efFe<3: in the faid procef? underwritten, and in the manner and form in the fame within defcribcd, becaufe that the faid T- 1, hath dwelt out of the diocefe of Lincoln, and within his diocefe of London, fo that he could not be cited by his ordinary authority to the effedt under written, therefore, had requcfted Henry, by divine per- miflion, bifhop of London, fince that the faid billiop of Lon- don was willing in the aid of jufiice.to cite by his authority,the faid T. J. to the efFeft underwritten, therefore the faid Henry, lord bifhop of London, to all and fingular the clerks and curates in and throughout the diocefe of London, whercfoever conltituted, jointly and feverally by the procefs aforefaid, did give in charge, and firmly enjoining did command that they fliould peremptorily cite or caufe to be cited, the faid T. J. perfonally, if he could be fo cited, and there was a free accefs for them fo to cite him, othcrwife publickly by affiining the prefents upon the gates or outward doors of the parochial church of, &.c. or of the houfe of his ufual refidcnce, where *P. l6'i -^^ dwelt or was accuftomed to dwell, the faid prefent ' writing being for fome time put there, and a true copy of the faid pro- cefs being there left, and by otfier ways, methods and means, by which that might be lawfully better and more eflPedually done, fo that fuch citation might moft likely come to his knowledge, that he fhould appear before the faid reverend fa- ther the lord bifhop of London, or his vicar aforefaid, or his furrogate, or fome other competent judge in that behalf, in the ctihedral church of St. Mary of Lincoln, in the confiftorial place there, on the day of in the year, &c. next enfuing, between the eighth and twelfth hours before mid-day, at the ufual hours of hearing caufes, and doing jultice there, to exhibit the letters of adminif^ration, as well of the goods, rights and credits of the faid S. J. deceafed, as of Iiidi(flmenU for Perjury. of the goods, rights and credits of the faid J. J. deceafed, bjr the faid S. J. his relift, unadminiftered to the faid T. J. hovt- Ibever committed and eranted, and to give bond with good and fufficicnt fureties for the faithful adminiftration of the goods, rights and credits as well of the faid S. J. as of the fiid J. J. deceafed, other wife to (hew and propound good and lawful caiife if he had, or krjcw any thing to lay for hiinlelf, why the, faid divers letters of adminiltration fhould not be revoked and qualhed, and new letters of adminiftration of the goods, rights and credits as well of the faid S. J. lately deceafed, as of the faid J. J. deceafed, unadminiftered by ilie laid S. J. his relicft, to the faid J. H. the uncle of the faid S. J. lately dtceaftd, and refiduary legatee named in the teffament or laft will of the faid S. J. widow deceafed, and adminiftrator with the faid will annexed in the due form of law'fhould not be refpe<51;ively com- mitted and granted, and further at the promotion of the laid J. H. to do and receive that U'hichwas jufl in that behalf; and the faid lord bifhop of London, to his faid clerks and cu- rates in and throughout his diocefe of London aforefaid, by the iaid procefs firmly enjoining, did command that they fhould peremptorily intimate, or fhould caufe to be intimated to the laid T. J. that if he at the faid day, hours and place, to the €fFe<9: aforefaid Ihould not appear, or appearing fhould not fhew fufficient cawfe to the contrary, the faid reverend father or kis vicar-general in fpirituals, or his furrogate, or forae other competent judge in that behalf, did intend to proceed, and would proceed to the revocation and qualhing of the faid divers letters of adminiftration, as well o£ the goods, rights and credits of the faid S- J. lately deceafed, as of the goods, rights and credits of the faid J. J. deceafed, unadminiftered by the faid S. J. and his rcliift decealed, hovvfoever granted, and •Ifo to the committing and granting of new letters of admi- niftration, as well of the goodj, rights and credits oi the laid S. J. deceafed, as of the goods, rights and ci edits of the faid J. J, deceafed, by the faid J. J. widow, unadminiftered as afore- faid, to the faid J. H. the abfence or rather the contumacy of the faid T. J. in anyvfife notwithUanding, and what they Ihould do in the prcmi/fes, thcj fhou'd duly certify to the faid bifhop of London, his vicar, or his furrogate, or fome other competent judge in that behalf, together with the procefs aforefaid. And the faid coroner and attorney of the faid loid the now king, for the faid lord the king further gives the court here to underftand and to be informed that one W. * H. of, Sec. f#p ^'^ on the day of and in the year, &c. at, Sec. in ' his proper perfon came before T. E. knt. and do(5tor of laws to the faid reverend father in Chrift, Henry, by divine permifTion, lord bifhop of London, then and as yet vicar-general in fpiri- tuals, and then official priiKipal lawfully conltiiuted, and then &ad iktxt of add C9n««raing; the fcrvlng the procefs aforefaid, UfOD Indi<5lmcnti for Perjury* li])on die faid T. J. perfonally, and the delivering to the fuld T. J. a true copy of the fame, did take his corporal oath upon ^j,^ the Holy Gofpel of God, before the faid T. E. dotfior of laws, then being vicar-general in fpirituals aad official princi- pal, lawfully conftituted as aforefaid, [the faid T. E. then having full power and authority to adminifter the oath afore- faid, to the faid W. H. in that behalf] and that the faid W. H. fo being fwom, then and there, not having the fear of God before his eyes, but being moved and feduced by the inftigation of the devil, and lightly regarding the laws of this kingdom of England, nor in anywiie fearing the penalties in the fame contained, then and there to wit, on the faid day and year, dec, at, &c. before the faid T. E. knt. doftor of laws, vicar-gene- ral in fpirituals and official principal as aforefaid, of his own moft wicked mind, by his own proper adl and confent, falfcly, malicioufly, wiekedly, wilfully and corruptly did fay, depofe, fvvear, and upon his oath, upon the procefs aforefaid, then and there did make affidavit in writing, as follows in thefc Englifh \;ords following to wit, " This decree (meaning the piocefs aforefaid) -was perfhnally ferved upon the -within named 1. y. (meaning the faid T. J. in the faid procefs as aforefaid named) in the farijh of^ ^Sc." as by the faid oath of the faid W. H. in ■writing remaining, affiled in the office of the regifler of the AfTlgnrntnts^sid biihop of Lincoln more fully appears ; whereas in truth of pe jury, and in faifl the faid pro«efs nor decree was not perfonally ferved upon the faid T. J. in the faid parilli, &c. as the faid W. H. in and by his falfe oath aforefaid, by his own proper a6l and confent, falfely, malicioufly, wilfully and corruptly in the form aforefaid, did fay, depofe, fwear and affirm. And fo the laid coroner and attorney of the faid lord the now king, for the Co cluf n •^'*^^ ^°'^^ ^^^ ^'"S faith, that the faid W. H. on the faid day and year, &c. at, (Sec. before the faid T. E. knt. doctor of laws, then vicar-general in fpirituals and official principal as afore- faid, [the faid T. E. then having fufficient power and authority to adminifler the faid oath to the faid W. H. in that behalf] of his own moft wicked mind, by his own proper adt and con- fent, falfely, malicioufly, wickedly and corruptly upon his oaih aforefaid, in the manner and form aforefaid, did commit wilful and corrupt perjury, to the great difpleafiire of Almighty God, to the evil example of all others in the like cafe offend- ing, and ag;ainft the peace, &c, whereupon, &c. Th€ Indl^lments for Perjury. The King againjt Hawkins. *p. j^'j. ^ • 7 T^O be informed, that John Ha wlc Ins, of, &c. ^"''^."■";'^*'«n iowit. ^ J_ ^^^^ onthe^Sthday of May, In the ^l^\^^^tZtio. year of the reign of the lord Charles the 2d, &c. late king, n^r named 4&C, by virtue of a writ of dedimus poteflatem, ifTuing ouc ofin a writ of the court of the Chancery of the faid lord the king, to him '^'^^''■'■'us and to ethers dire(3ed, bearing date the 2 2d day of May, in P''^'-'^f^fC'-'> the 27th year, &c. aforefaid, to receive the acknowledgment of ^^^ ^^^^ * a certain fine of John Thompfon, upon a writ ot covenant pe.j'uiy in depending before the juftlces of the faid lord the late king of an ffi>!a\it the bench, between Richard Winterbottom and Elizabeth his°* the due wife, complainants, and the faid John Thompfon, deforciant, ^.*''^'"" "^ of one meffuage, one barn, one ftable, one garden, one ot- ^^p|^j.g^j.'j(^^ chard and common of pafture for all cattle, with the appurte- perfon who nances in I. otherwife E. in the county of H. to levy a fine acknow. thereof between them, before the fiid jiiftices of the faid Ic-f'ged it bench, accoiding to the law and cuftoni of England, and plain- ":^^ ^" ly and openly to return the acknowledgment of the faid fine, ' before the faid juftices of the faid bench under their feals, that the faid fine might be levied between the faid parties of the faid premifTes, before the faid juftices, according to the law and cuftom aforefaid, and that the faid J. H. on the day of, &c. in the 27th year of the reign of the faid Charles the 2d, late king, (&c. aforefaid, at Serjeant's-inn, in the pariih of St. Dunftan in the weft, London, before H. W. knight, then one of the juftices of the faid lord the king of the bench, be- ing fworn upon the Holy Gofpel ol God, to fpeak the truth, ^^^'^• and nothing but the truth, in and concerning the premiffcf, he the faid J. ti. then and there by his own proper adl and conftnt pen,,,.. falfely, wilf illy and corruptly did fay, Iwear, and affirm upon his oath, " That the fpjd fine -was executed in the due manner ■" — A.(r;gn- whercas in truth and in fafcx, faliely, ''■''1' '""'^ unlawfully, unjuflly, advifedly„ and again.1 the duty of iheir"^ ^^^'j.'^^^ allegiance, did folicit, fuborn and endcavoui, to pcrfuade, and iij^ ^vj.ience eachainl lovvith- Indi<5lmenis for fubornation of Peijuiy. rfrsw tilm- each of ihem then and there falfely, unlawfully, unjuftly, ad- ^Jtrun- '^'•*-d^7' "^'^ foHcir, fviborn and endeavour to perfuade the faid ^nown. ^: ^- ^^^^ ^c t^c ^^^d Stephen Dugclale ihouid rctrad and deny the whole evidence, which he the faid 8. D. had given as afore- faid, againlt the faid traitors, they the faid J. T. and A. P. then and there falfely, unlawfully, unjuftly, advifcdly and corruptly promifing, and each of them promifing to the faid S. D. great fums of money and goods if he the faid S. D. would retract and deny the whole evidence given by him the faid S. D. againft the faid traitors as aforefaid, and would withdraw and abfent him- felf the faid S. D. to places unknown, and beyond the feas. And that the faid J. T. and A. P. to fulfil and perfeft their molt wicked devices, praflices and intentions aforefaid, after- wards to wit, on the 14th day of Odober, in the Jtft year, &c. 3d Count, aforefaid, at the parifh of St. Andrew Holborn, in the faid producinR county of Middlefex, falfely, unlawfully, unjulUy, advifedly ntfs\ aUr'^"'^^ corruptly, againft the duty of their allegiance did produce purporting ^"d (how, and each of them then and there did fhew to the faid to he a re- S. D. a certain note in writing, the tenor of v;hich note follows tra^ion of in thefe Englifh words following, to wit, " BeiJJg touched zfith a hib evidence ygjuQyJ'g qJ conjcierce and hearty firrozu for the great HI 1 did in coming in a wiinefs again/} the catholicks, and there J peaking things •which in my own conjcience I knew to he very far from the truth, I think tnyfelf bound in duty doth to Gcd and man, and for the fafety of tny ozvn foul, to make a true declaration hvrv I -was drawn into this wicked atflioft, hut being iiery well fatisfed that J /hall create tnyfelf very tnany powerful enemies, on this account, I have retired r,iyfelf to a place of fajety, zuhsre I will with my own hand di/cover the great wrong that hath been done the catholicks, and I hope it may gain belief , andlikewife I protcji before Almighty God, that I havt no motive to induce tnt to this confffion, hut a true ' repentance for the mi/chiefs I have done, and hope Almighty God willforg've me." *P. 171. And that the faid J. T. and A. P. aftciwards to wit, on the 4th eount, faid 14th day of Odober, in the 3iilyear, &c. aforefaid, at Endeavour- the parifn of St. Andrev\? Holborn aforefaid, in the county of ing^to^per- Middlefex aforefaid, falfely, unlawfully, unjuftly, advifedly, »• fi-n'\t" corruptly, and againft the duty of their aiiegiancc, did folicit and endeavour to perfuade, and each of them then and there did folicit and endcatour to pcifuade the fa>d S. D. to fign and fubfcribe the faid note in writing, fo as aforefaid produced and Ihewn to the faid S. D. and then and there, talfely, unlawfully, unjuftly, advifedly and corruptly did piom.fe, and each of them then and there did ]uomife that if he the faid S. D. would fign and fubfcribe the laid note in writing, that then he the faid S. D. fhould have and receive a great fum of money, to the eiil and pernicious example of all others in the like cafe of- iendin$r, and ag[ainll the peace, &c. (kc. *' The Indidments for fubornation of Perjury. The King and the Duke of Buckingham againft Bickley, and others. i^y/ary, 3 2d Charles II. Roll ^6. rr, .. ") npHAT Maurice Hicklej, late of the pariHi of f'-'J'^ ^^cn nation was of dlefex, gent, othcrwife called Maurice Higgins, late of the ,,j,..,^ ,„ parifh aiorefaid, in the county aforefaid, gent. Robert Smith, endeavour- of, &c. gent, otherwife called Robert Jones, of, &C. gent. Johning to per- Hayley, of the parifh aforefaid, in the county aforefaid, gent.^'^^'^^ P'^'"- Thomas Curtis, of the parilh aforefaid, in the county afore }""gara?aiiiR faid, gent. Thomas Blood, of the parifh oi St. Margaret, jj^g Q^j'jje^,^- Weilminfter, in the faid county, gent Edward Chriltian, iatCRucking- of the parifh of St. Martin in the fields, in the county ofli-im, that Middlefex, efquire, Arthur O'Brien, of the parifh of St. Mar-''= '^^- tin in the fields, in the county of Middlefex, gent. Philip Lc?"|,'^| Mar, late of the parifh of St. Martin in the fields, in the ^ county of Middlefex, gent. Jane Bradly, late of the parifli of St. Martin in the fields, in the county of Middlefex, widow, on the 17th day of Marcli, in the 30th year, &c. with force and arms, &c. at the parifh of St. Martin in the fields, in the county of Middlefex, falfejy, unlawfully, unjuftly, wickedly, diabolically and corruptly, by unlawful ways and means, among themfelves did praftile, confpire, intend and devife the moft noble George, Duke of Buckingham, then and as yet one of the peers and lords of this kingdom of England, not only to dcfpoil and deprive of his honour, efteem and reputation, but alfo to take away and deflroy the life and eftate of the faid Duke, and to caufe the faid George, Duke of Buckingham, to be taken, arrefted and condemned to death, for the detefta- ble crime and offence of fodomy and buggery, by him the faid George, Duke of Buckingham fuppofed to be committed with one Sarah Harwood, and with divers other perfons, againft the order of nature, and alfo for the felonious killing or tranfport- ing Into parts beyond the feas of the faid S. H. to flifle and take aw»7 her evidence of and concerning the crimes and of- fences Indl^lmeiHs for fubornation of Peijuiy. 'fences of fodomy and bu$^gery aforefaid, * and that the iaid M. H. othcrwifc, &c. R. S. otherwilb, &c. J. H. T. C. T. B. E. C. A. O. P. L. M. and J. K. to fulfil and' perfect their moll Wicked devices, coni piracies and diabolical intentions afore- faid, afterv/ards and at divers days and times between the faid 17th day of March, in the 30th year, &c. aforefaid, and the day of the taking of this inquifition, at the parilli, &c. falfeiy, unlawfully, unjulrjy, malicioufly, wickedly and diabolically did folicit, labour and ei.deavo'ir to peifuade, procure, lubora and caufe one Fhllcnnc/n Coddan and Samuel Ryther, then or late lervants of the faid G. D. of B. for divers great fums of money, promotions and preferments, againft all truth, falfeiy, unlawfully, unjuftly, wickedly and diabolically to fwear, and to fay in evidence upon their oaths, upon the trial of the faid G. duke of B. for the crimes and oifences aforefaid, that the fiid crimes and offences aforementioned, were committed by the faid G. duke ot B. And to induce and caufe them the faid P. C. andS. R. to fw:ar, and to fay in evidence, and to prove againft him tke faid G. duke of B. the crimes and offences aforefaid, thev the faid M. H. otherwife, &.c. R. S. otherwife, &c. J. H. T. C T. B. E. C. A. O. P. L. M. and J. B. within the time aforefaid, to wit, between the faid 17th day of March, in the 30th year, &c. aforefaid, and the day of the taking of this inquifition, at the faid parlfh of St. Martin in the fields, in the faid county of Mlddleiex, them the faid. P. C. and S. R. v;ith wine, entertainments, and with other allure- ments, unlawfully, unjuftly, iaifely, corruptly and diaboli- cally, in profeciition of their confpiracies aforefaid, did com- pafs and lay hold of, and then and there to wit, within the faid time, in the parifli, 6ic. aforefaid, falfeiy, unlawfully, unjuftly, wickedly, diabolically, and in profecution of their faid con- fpiracies did expend divers great fums of money upon the faid P. C, and S. R. in the whole amounting to the fum of 150I. and during their entertainment?, and drinking of wine, and allurements, as well as otherwife then and there to wit, within the time aforefaid, in the parifh and county aforefaid, unlaw- fully, unjoftly and corruptly, and in profecution ot their faid conipiracies, divers great advantages and promotions, to the faid P. C. and S. R. did promife, and each and every of them did promife, if they the faid P. C. and S. R. in the manner and form .aforefaid, would fwear and prove the crimes and offences aforefaid, to be perpetrated by him the faid G. duke of B. ad Count. And the jurors aforefaid, upon their oaih aforefaid, further fay ^ and prefent that the faid M. H. otherwife, &;c. R. S. other- wife, &c. J. H. T. C. T. B. F. C. A O. P. KM. and J. B. aftcrv/ards to wit, between the faid 17th day of March, in the 30th year, &c. afoiefaid, and the taking of this inquilTtion, at the l)2^llih of St. Martin in the lieids, &c. falfeiy, unlawfully, unjuftly, Indidments for fubornation of Peijuiy. unjuftl/, corruptly, diabolically and in profecutiou of their faid confpiracies, did give, put and pay into the ha/.ds ul the faid p. C divers lums of money, in the whole amounting to the ium of 40I. of the lawful money of England, for and towards the maintenance and incitcmenc of the faid P. C to do, compal's and pcifeft their molt wicked, unlawful and dia- bolical devices, pradftifes and intentions aforefaid, and that the faid M. H. otherwife, &c. R. S. oiherwife, &c. J, H. T. C. T. B. E. C. A. O. P. L'M. and J. B. afterwards lo wit, with- in the time afcrefaid, in the parilh, occ. afoiefaid, faIlL';y, un- lawfully, unjultly, wickedly, corruptly and diabolically in the profecution of their confpiracies aioreiaid, upon thenifelves did aifume, and to the faid P. C. taithfully did prumiic, that he the faid P. C ihould have the friendftiip and refpe^l of * certain peer?, and of men of great power and ran!:, and alio.. that he Ihould have a place or office in and about the bulincls ^ . 1 73" of the cuiloms of the faid lord the now king, called the place or office of a land-waiter, of the yearly value of 20cl. and 40I. in money, and a certain maintenance during life, if he the i'ald P. C. would fwear and fay in evidence that the ciimes and offences aforefaid, in the manner and form atorcfaid, were perpetrated by the faid G. duke of B. And the jury aforefaid j count upon their oath aforefaid, further fay and prefcnt, that the faid M. H. otheiwife, &c. R. S. otherwife, &c. J. H. T. C. T. B. E. C. A. O. P. L'M. and J. B. afterwards to wit, within the time aforclciid," to wit, between the laid 17th day of March, in the 30th year,&c. aforelaid, and the day of the taking of this inquilition, at the parilh,&c. lalfely, unlawfully, unjultly, corruptly and diabolically, in profecution of their faid confpi- racies, did give, depofit and pay into the hands of ihe faid S. R. divers other fums of money, in the whole amouniin>^ to 50I. for and towards the main tei|« nee ajid incitement cf the laid S. R. to do and compals their unlawtiil and inoU wicktd devices aforefaid, and that the laid AI. H. otherwife, &c. R. S. otherwife, &c. J. H. T. C T. B. E. C. A. O. P. L'M. and J. B. afterwards to wit, within the time aforefaid, to wit, between the faid 17th day of A'larch, in the 3' th year, &c. aforefaid, and the day of the taking of this inquiiuion, at the pariffi of St. Martin in the fields, in the faid county of Mid- dleftx, ialfcly, unlawfully, unjultly, coiruptly and diabolicaliv, and in profecution of their faid coafpiiacies upon themfclves did aflume, &c. and to the fdd S. R. did faithfully promife, that he the faid S. R. fhould have the friendlhip of certain peers, and of men of great eftate and degree, and alfo ffiould have a place or office in and about the bufinels of the cuftomi of the faid lord the now king, and alio lliould have mcnt y to redeem his eilate, being conveyed in mortgage by him the laid S. R. for above the fum of 300I. and alio 300!. more in money numbered; if he the faid S. R. in the manner and form afore- Dd f»id, Indi6lments for fubornation of Perjury. fa'id, would fwcar and fay in evidence againft him the friid G. duke of B. that the crimes and offences aforefaid were com- 4th Count, mitted by him the fnid G. dahe cf B. And the jurors aforefaid upon their oath aforefaid, furtlier fty that the faid M. H. R.S. J. H. T. B. E. C. A. O. P. L'lvl'and J. B. afterwards to wit, within the tinic aforefaid, to wit, between the faid 17th day of Marcli, in tlie 30ih year aforelaid, and tiie day of the taking of this inouifnion, at the pariih, &c. aforefaid, falfely, unlavvfidly, unjuftly, wickedly, coiruptly, diabolically, and jq profccution of the faid ccnlpiracies, and in order to fix and feciire them the faid P. C and K. S. to perform and exe- cute their malicious devices, praftifes and confpiracies afore- faid, did make, compote and write, and did caufe to be made, compofed and written, a certain falfe and fcandalous writing in paper, the tenor of which writing, follows in thefc Englifh words and figiiies following r.o w'n, '''' JVhcreas Sumiiel Ryther and Philip C'.dc/aw, gent, ifi Si. Martins fur'ijh in the f elds, d$ hereby confefs and declare that Sarah Harxvoad, of the cdy of' Lon- don., gentlewoman, did confefs before us, tJuit the lord duke of Buck- ingham 7vaf, -with his privy members as far in both her private parts as he could go, with forcible enttance, Jliipping lier breath, UTid that the faid lord duke ofBv,ckingham, hcthfince conveyed the J aid Sarak Ilarzvood out of the 7vay, by which means the king Iqfi his evidence, *P. 174.. '^"'^ <^^ f^i'iher * declare, that fi nee that time the /'aid duke did order the /aid Sarah to bi- murdered, and fi nee that time is murdered or Juld beyond fea, and do further declare that the faid duke hath com- fnittedfaidfn of f do my with fvcral more, 7vh'ich zue are ready to prove when zve are rcr/uired as the king's evidence, ■antnejs our handsy th's izthday of January, 1679-bo." And although all and fingular the matters in the faid writing contained, were and as yet are altogetlier falfe and fcandalous, and againft all truth, Jieverthelefs the faid M. H. &c. afterwards to wit, within the faid time to wit, between the faid 17th day of ]\Iarch, in the 30th year, &:c. aforefaid, and the taking of this inquiiition, at the parifh, &c. aforefaid, fallVly, unlawfully, unjullly, wick- edly, corruptly and diabolically, and in profecution of their f«id confpiiacies ai;ainit the faid G. duke of B. Ids life, eftate and honour, then and there the faid writing in the faid paper, to the faid 8, R. did produce, ftiew and prefent, and each and every of them then and there, falfely, unlawfully, unjuflly, wickedly, corruptly and diabolically, in profecution of their con> fpiracies afoitf.iid, did produce, fnew and prefent the faid note to the faid S. K. and then and there falfely, unlawfully, v;ick- cdly, corruptly and diabolically in profecution of cheir con- fpiracies aforef'.id, a certain purl'e of gold, In which were then contained three hundred pieces of gold of the value of 300I. to the faid y. R. did prefent, and to the faid S. R. did promife to give, and each ana every of them then and there did pro- niife to give if he the faid S. R. would Hgn and fubfcribc the faii Inditlmcnts for fubornatioii of Perjury. faid writing \viti\ his name and proper hand v.-riiin^, which t« cio the faid S. R. tlicn and there einirely did rcfufe, which de- vice, conipiracy, lubonnition and unlav.'fu!, and diabolical pradtife of the faid M. II. othcrwlfe, &c. R. S. See. J. H. T. C. T. B. E. C. A. O, P. L'M. and' J. B. are to the great danger of the life, and to the delbu(ftion of the fitid O. duke tif B. to the mnnifclt perverfion of tlie laws oi this kingdorrt of England, to the evil example, &c. and againlt the peace-, Sec. &c. 7he King aga'mji Hilton and Browne. Middiefe}C,\^^lrW jurors, d:c. that after the 1 0th day orincJia.ncnt To wit. 5" A May, in the vear of our Lord 167^, to wit,*"'. '"''°;- 1 11 r * n ■ 1 1 r 1 • C n.'vti.ii of on the 2;d day or Augulr, in the 2d ytar 01 tae reign or oii"" j^^ . lord James the 2d, the now king, &c. in the nianiion-honfe of one Siifannah Heme, widow, fituate in the parith ot St. Michael, Queen-hithe, London, a certain unlawiul conven- ticle was held, where were five perfons prefent, every of thtrn being above the age of 16 years, and natural fubiefts ot mis kingdom of England, over and above thofe of the family ot the faid Sufannah Heme, under colour of the e::ercife ot re- ligion, in another manner than according to the liturgy and praclife of the church of England, againii the form and t(Fc6t of the llatute, in inch caufe thereupon lately made and pro- vided. And that George Hilton, late of, &c. and John Brown, late of, c:c. being men of evil name, fame and converfation, well knowing that one Mary Parker, wife of T. Parker, ot the parilh, &c. was nor prefent at tlie faid conventicle, '' nor * P, i "^ C^ could upon her oath depofe any infbrnr7ation upon her know- ledge of che laid conventicle ; and deviling and intending to procure the faid Mary Park<'r to commit willul and corrupt: perjury, afterwards and within three months, after the con- venticle aforefaid, fo as aforefaid had, to wit. on the 2 4i.h (,jy ot Aiiguft, in the 2(1 year, &c.c. aforelaid, at the parith of Sr. Giles, without Crippiegate, in the faid county 01 Middlclex aforefaid, with force unci arms, &c. faifcly, malic'.oufiy, wick- edly and unlavvfiiUy did moye and incite the f?.id M. \'- by cor- rupt and kicked petfuaiion to commit am! ptrpctiate wilful and corrupt perjury, and then and there falielyv maiicioully ami unlawfully did perfuade, incite, luborn and counfel the faid M. P. to go before one of the juitices of the laid lord the king. afiigned to prcferve the peace within the city of I^ondop, ana to makeoaih before the laid jufiice, of. the truth of the e.xiil- €iice of the faid conventicle, and further to perfuade af,d j;io- (fuie the laid M. P. to make the iLiid ialfe ca:h, ihey tnc f>';{ Dd r. ■ ■ - G. h. Indictments for fubornation of Peijury. G. H. and J. B. then and there did fay and inform the faid M, P. that the fald M. P. to prove the faid conventicle, might fwear by the maiden name of the faid M. P. being Mary Win- fton, and that then fhe the faid Mary would not be difccvered ; and further to procure the faid Mary to commit the faid perjury, they the faid G. and J. then and there informed, and for the truth affirmed, that upon the procf and convicf^ion of the faid conventicles, thirty pounds ot the lawful money of England, would be levied upon the fiid Sufannah Heme, the miftrefs of the faid houfe where the faid conventicle was held, and that ten pounds thereef would be divided among the informers of the faid conventicle, to wit, among the faid G. H. J. B. and the faid Mary, to the great damage and difquiet of the faid Mary, to the evil example, &c. and againft the peace, &c. The defendants -were tried, upon this indiSIment, at Hkks's-hall^ and fouJid guilty , and judgment for fine and piUory was given againji them, whtreupon a writ of error was brought, and judgment rever/ed in B. R.for want of the words, probonim & legalium hominum, in the caption of the indiSltncnt; the cafe is rep:rted 3 Mod. 122. The King ogainfi Brooks. Trinity^ 36th Charles II. Ir. formation ^^„,., c/) ry-^HAT Anthony Broolcs, of the parifli, &c. for embra- rr- /i ' i i j 1 o 1. t • /u » eery for yt' orce/icr, t M , on the day and year, otc. then knowing that a peifuadin" To wit. 3 certain jury of the faid county of W. was oBe who impanelled and returned to try the faid iffue, joined In the court *P. 176. of the ftid lord the king of the common bench, * at Weft- was dim- minfter, in the county of Middlcfex, between P. S. plaintiff, rnoncd a"'; a and R. F. defendant, in a p!f a of trefpafs upon the cafe ; and juror, to then knowing that a trial was to be had upon the faid iffue, on "hvr'hi^^" the faid day of and in the year aforcfaid, before, &c. v»r%;>«^»^^#K««^^ IndiSiments for maintenance of Suits. The King againft Langrifh. IndidVment "^ rr-^HAT whereas in the term of St. Michael, [ainin'a'de- i i in the year of our Lord, 1655, one William fendant in Walker, of Charter-houfe, Heydon, in the county of Somer- z fuit in fet, efquire, did exhibit his bill of complaint in the high court Chancery, of Chancery, the faid court then being held at Weftminfter, by »furni(h-jn the county of Middlefex, againft Theodore Langrifh,^ Joyfe ^"^ ^°^r\ his wife, and Robert May and others, and among other things agents, &'c.'" ^"^ ^7 ^^^ ^^^^ ^'^^ "^'^ P'^'^y remedy and relief, of and con- cerning a certain ftatute of the penalty of 2800I. in and by the faid bill fuppofed to be before that time acknowledged by *P. 1*7 "y. one Clement Walker, efquire, deceafed, the * father of the faid William Walker, to one Chriftopher May, deceafed, upon v;hich ftatute it was by the faid bill alledged, that the faid Joyfe, as the adminiftratrix of one Robert May,*^ deceafed, the father of the faid Joyfe had claimed and demanded the fum of 600I. although the faid fum of 600L was fully fatisfied and paid, as by the bill aforefaid, affiled in the faid high court of Char.cery more fully appears ; and whereas alfo the faid Theo- dore Langrifh, and Joyfe his wife, in the faid court of Chan- cery, held at Wefiminfter aforefaid, in the faid county of Mid- dlefex, did put in their anfwers to the faid bill, and in and by tlieir faid anfvvcrs did deny that they or either of them had re- ceived any part of the faid 600I. as by the faid anfwers of the faid T. and J. his wife, affiled in the faid court of Chancery more fully appears. And whereas alfo the faid caufe between the faid parties In the faid high court of Chancery did depend, undetermined from the faid term of St. Michael, in the year of our Lord 1655, until the term of St. Michael, in the 17th \ear of the reign of our lord Charles the 2d, &c. And whereas alfo the faid Theodore Langrlfti, on the ift day of May, in the year of Lord 1660, at Wefiminfter aforefaid died, one Thoir.as Langrifh, late of London, tec. difregaiding the laws and fiatutes of this kingdom of England, nor in any manner fearir.g the penalties in the fame contained, on the 3d day of June; Indiclments for maintenance of Suits. Jun«, in the 17th year, &c. alorefaid, and at divers otlier days and times, as well before as after, (the faid fuit in the faid court of Chancery being undifmiffcd and undetermined) at London aforefaid, to wit, in the parifh of St. Dunftan in the v/eft, in the ward of Farringdon without London aforciaid, and at divers other places within the city of London aforelaid, the faid fuit between the faid parties, on behalf of the faid Joyft Langrifhe, againit the faid William Walker, unlawfully and unjuftly did maintain, and then and there, and on the faid other days and times as well before as after, (the faid fuit between the parties aforefaid, remaining undilmiffed and un- determined in the faid court of Chancery) divers funis of mo- ney, of the proper money of the faid T. L. in and for the maintenance of the faid fuit, on behalf of the faid J. L. a^ainft the faid W. W. to divers ferjeants at law, apprentices ot the law, attorneys, clerks, folicitors, and to other olScers belong- ing to the law, unlawfully, unjuitly, and for the lake ot vexation, did expend, pay and deliver, to the nianifeft prejudice of juftice, to the evil example, &c. and againll the peace, &c. and alfo againit the form of the ftatute in fuch cafe made and provided. The King againfi Price. To ^ '^ . 7 ry^HAT one Lyfon Price, late of the parifh of^nfo- "lotion 'Wit. Y \ yxT -AJ • .-L . c n^ for the 3 ±. Wanndaan, m the county 01 (jrlamorgan, on —ajntg. the lotli day of April, in the 20th year, occ, and for the fpacena^ce of a of one whole year then next following, a certain plea depend- fuit in the ing in the court of the faid lord the king of his Exchequer, Eifchcquer before the barons of the faid Exchequer, at Weflminfter, in^"'^ f"*^ the county of Middlefcx, between one Charles I'lcwellyn,(^|^^j^"g plaintiff, and one David Jenkins, defendant, of a plea of tref-o jra-wnby pafs and ejeftment of a * farm of one hundred acres of land,5j«/j^i arfeiiiblcd, colleciej and gathered together,*" "^'^V then ami there with for^e and arms, &c. riotoufly, loiuouUy d^ ,,p g. ^nd unlawtully, the manlioa-houfe ot oiie Dame Elizabeth aocr, .md L'JHg, wldov/, fituaie in the paiilh and county aforefaid, did ttiere giving bieak and enter, and then and there with force and arms, &;c.^""*^''^ '^''" MOtouily, routoufly and unlawfully the door of the chamber of* *• ' the laid Dame Elizabeth Long, widow, did break ; and then and theie with foice and arnr, &f. riotoufly, routoufly and unlaw- fully into the chamber oi the faid D. E. L. v;idow, with * d'awn*p. j'^g. i words did enter, and did make an entry ; and her the faid Dame L. Long, did put in great peiil of her lite, and other outiagcs to the faid Elizabeth Long, and to one Jane Coats then and there did, and that the faid Edwaid bh iley, then and there by the iiiggeUion and incitement ot the iaid 'i\ S. and others, ike and in their prekiice and htaiing, and alio in the hearing ot diveis liege lubjeCU ot tiit- laid loid the now king, ih(?n and thcic preient, inaliciouily, opprobiioufly, and in a ihreaienirg man- ner did fay, af]'ert, publiifi, and with a loud voice declaie t f, to and concerning the faid Dame Elizabeth Long, as toilows in thefe Engliifi words following, to wit, " r>,intn me, (mianiiig himfclf the laid E. S.) you (meaning the- faid Uame El zabcth Long) are a litch^y^.u (meaning the laid Damt Elizabeth loiij:) ure an ugly old zvitch, yi.u (again meaning the laid u^nu Eii/ ipeth Long) lotik like a w'nch, /(meaning himkii vh^ fai E. ^ ) liididments for Riots^ Routs, &c. hr.lievc y^u (meanino- the faid Dame Ellzabetli Long) are one, and that you (again meaning the iaid Dame Elizabeth Long) can ride on a (iick uf> the chimney, you (meaning the laid Dame Eliza- beth Long, and one Jaae Coats, fpinlter, fifter to the' faid Dame Elizabeth Long, then in like manner prefent) are a cou- pls of old hawds, here is a guinea Jcr you, (meaning the faid Dame Elizabeth Long, and the faid Jane Coats) he'j> me (meaning himlVUthe faid E. S.) to a -whore, /(again meaning himfelf the faid E. S.) am fure yvi (meaning the faid Dame Elizabeth Long, and the fai ! Jane Coatj) can d^ it." To the great terror, dif- quiet and difcompofure of the faid Dame E. Long and thefame Jane Coats, to the evil example of all others in the like cafe offending, and againit the peace of the faid lord the now king, his crown and dignity, &c. whereupon, &c. The King a^ainjl Wakeinan, and others. Trimly, 35th Charles 11, Rdll 4. T 't \ ^ I ^HAT the borough of Barnftaple, on the 23d day Information''^ ' j" -■- of April, in the 35th year, &c. and long before, sgaiilt fe- was and yet is, an antient borough incorporate, by the name of v>;ral per- (]^^ mayor, aldermen and burgefies of the borough and parilhof (gj^i'^'j'p^,^ Barnftaple, in the county of D. and that William Wakeman, of themfelves ^- aforefaid, in the faid county gentleman, Richard Salilbury %vithout le-of £ aforefaid, in the faid county gentleman, and John Stc- for a bo- h*^'^*"-^' lawful and fettled rule and government of the borough rough, and and parifh aforefaid, and alfo, to ulurp and affume to them- :n a nocousfelves, the rule and authority of the faid borough and parifli manner, aforefaid, and alfo to have and exercife the power and autho- ftfilions^ of ^"^^y of juftices t5 preferve the peace of the faid lord the king ci>t peace v^iihin the borough and parifh aforefaid, and alfo to hear and for the faiddetermine divers trefpafTesand other mildeeds perpetrated with- bo.-ough. jn the borough and parilh aforefaid, they the faid W. W. R. S- Jr. I So. and J.S. othcrwileG. on the faid 23d ot April in the 35th ■*year, &c. aforefaid, with force and arms, &c. at the borough and paiifh aforefaid, without any commiffion. v/arrant or lawful authority, given by the faid lord the king or by his predecefforc. did ufurp, take upon themfelves and execute, and each and cvtry oi ihem then and there did ufurp, take upon himfelf, and executr Iiidi(51ments for Riot?, Routs, kc. execute the power and jiirifufincfs of of the faid lord the now king, and they a's afjrtfaid then and'-'^- '""'^ there, with force and arms, Sa". unlawiuily, riotoufl/, routoully '^^"^'^^"" and. lumuliuoiifly being alTcmbled and gathered togcih'tr, ihc £ c 2 fad Indi^ments for Riots, Routs, 5fc. faid Guildhall there, bein^j; the guildhall and freehold of the faid major, aldermen, bailiffs and biirgcfles of Newcallle un- der the line aforelaid, then and there with torce and amis, &c. unlawfully, riotouflv, routoiifl./ and tumultuouily did break and enter ; and for tlie fpace of one houp, by making a great noife, riot, diflurbance, clamour and tumult, did fo diliurb and hinder the mayoi, aldermen and common-council afoieiaid, Pc I 8 I. then and there being, and then doing, and traniacfting * ct-rtain bufinefs ol and concerning the faid borough, that they the laid mayor, aldermen and common council for the Ipace aforelaid, could not proceed to go through their bufinefs as aforefaid, in contempt of the faid lord the now king, and of his laws, to the manifelt dilluraajice and violation of the peace of the laid loid the now king, to the evil example, &c. The King agoihji Wilts. EaJIer, the ift 'James IL To w't \ * I ''HAT Thomas Wilt?, &:c. and five other male- InHi^ment 3 -^ facflors, to the jurors aforefaid unknown, -on or riotouHy the day and year, &c. did devife, and among themlelves wick- breaking edly did confpiie and intend falfcly, unlawfully, wickedly and 'P'"^''^^ deceitfully to deprive, deceive and delraud riie Elizabeth Pal- «, \ '^li^l mt\, widow, of her goods and chattels, and her the faid Eliza- en pitrsnc? L L r 1 r 1 r r • i r of :in exe- beth J aimer, iiom htr manlion-houle, wuh foice and arm?, &c. cutioii. fuddcnly aud forcibly to certain places unknown, againlt the ■will, and without the cuiiltnt of the faid E. P. to carry away, and her the laid E. F. in the faid places unknown, falfely, un- Jawfully, unjultly, and againll the will and without the corfent of the faid E. P. to imprifon, the faid T. W. and the five other malefatHors, to the jurois aloicfaid unknown, for the better perfoiniance and execution of the iaid evil intentions of the laid T. Vv'^. &c. and ot the laid five ma!efH(5tors, to the jurors aforefaid unknown, fo as aforefaid among thtnTelvts befoie had, afterwards to wit, on the iaid day and year, &c. at, &c. as rioiors, loutours, and dilfurbers of the peace of the faid lord the row !;eihef, to dillurb the peace of the laid loid lilt ling, and f(i th-n and there being afftir.bled and gathered together, (he laid Thomas Wilts, and the fiid five male- fac'-^'. s, to the jurors aforefiid unknown, alterwaids to wit, on the liiid d.iv and year, &c. at, &c. the manfion-houfe of her ihe faid E. P. ihcit fituaie, then and there unlawfully, riot- oufly, Indlclraents for Riots, Routs, &c. oiifly and routoiifly did break and enter, and tlie door of the chamber of the i'aid E. P. in which the laid E. H. ihcn in the faid manfion-hcufe was, (the Taid door ot the laid chain bef* then being fhut and locked) they the laid five pe'lons to the jurors atorel'aid unknown, then and there unlawluUy, ; iotoully and routouily did endeavour and attempt to open, under pre- tence that they the faid maletattcvs to the jurors rifortlaid un- known, then and there had an execution againlt the faid K. F. for 10,000/. and that the faid five nialefadlors, to the jurois afoiefaid unknown, atterwards to wit, on the day and year, &c. at, &c. in and upon one F. H- fpinlttr, the lt:rvant o( the faid E. P. then and there being in the faid. manlii^ndn uie, mul »hen and there being in the peace of God, and ol the laid lord the king, with a ceriain drawn Iwoid, tlien and there rioto'.dly and routoufly did make an affault, and her the faid F. H. then and there in great peril of her life, unlawfully, riotoufly and routoufly did put, and other outrages to the laid h. P. and F. H. unlawfully, riotoufly and routoufly did, co the great damage, &c. and againft the peace, <5cc. * The King cigainft Pilkington, and others. *P. 182. Trinity, 34th, anA Hilary, 34th and 35th Chailcs II. RJl. London, ) * I *HAT on the 24th day of June, in the 34th information To wit. 3 -■- year of the reign of our lord Charles the 2d, for a riot at the now king, &:c. at the Guildhall of the city of London, 3^"^'^"^^'°" certain court of affembly of the citizens and freemen of the?' ''^^''ffs, city of London, commonly called a common hall, by John^^f Loudon. Moore, knight, then and as yet mayor of the city 01 Loiidon, fjjmmoned and called befoie the faid John Moore, knt. miyor ol the city ot London aforcfaid, in the due manner was held, as well for the due election of ffieriifs of the laid city, foi the execution of the ofRce of Sheriffs of the faid city, for one Ifrtioie year next enfuing, aficr the eve of the ftaft of St. Michael the Archangel, then and as yet next to come, as for the election of divers other officers of the laid city, and that tiicn and there in the faid court, it was begun to take poii of the eleftors then and there prefent, for the manifeftation of tiie eiedion of the perlbns to ferve in thf; (jffi.e of fl.eriffs of the faid city, for the year aforcfaid. And that tiie laid John M'jore, knight, mayor of the laid city, a'Acrwaidi to wit,oVi tlie Id id ' Indidlments for Riots, Routs, &c. faid i4ihd3y of June, in the 34th year, &c. aforefaid, at the G'uildhali ot' the city of London aforefaid, in the parifh of St. Michael liafFifhavv, London aforefaid, in the lawful manner, did make and cauie to be made, proclamation for the adjournment ot the court, fo as aforefaid held ; and then and there the faid John Moore, knt. mayor of the faid city, in the lawful man- ner the faid court did adjourn to thcTuefday next enfaing,theii to be held at the Guildhall of the city of London aforefaid ; and then and there after the adjournment fo as aforefaid made, he the faid John Moore, lent, mayor of the city, did make and caufe to be made, public proclamation for the departure of all pcrfons there aifembled for the occafion af)reiaid. And the laid attorney-general of the faid lord the now k-ing, lor the faid lord the king further gives the court here to underftand and to be informed, that Thomas Pilkington, late of London, cfquire, and Samuel Shuie, late of London, efquire, (then iherifFs ot the city of London aforefaid) and Henry Cornifli, Jate of London, efquire. Ford, lord Grey, of Warke, Thomas Gould, late of London, knight, John Shorter, late of London, Icnight, Thomas Player, late of London, knight, William Guliton, late of London, knight, Siingfby Bethel, late of London, efquire, Nelthorpe, Lite of London, efquire, John Ayliife, late of London, efquire, John Ellis, late of London, elquire, Francis Jenks, Jate of London, mercer, Robert Barker, late of London, gent. John Deag'c, late of London, clothier, Richard Freeman, late of London, checfe- monger, Benjamin Smith, late of London, gent. Richard Goodenough, late of London, gent. R. Hay, laie of London, merchant, Lucy Knightly, late of London, gent. John Wick- ham, late ot London, gent. Samuel Swynnock, late of Lon- don, merchant, Jofhua Brooks, late of London, gent. Jofeph *P. 183. Jekyll, late of London, * gent. Dorman Newman, late of L. gent. T. Rawlinfon, late of L. gent. T. Carpenter, late of L. gent. T. Charleton, late, of L. gent. John JekylJ, the younger, late of L. gent. Benjamin Alfop, late of L. gent. M. Meriton* late of L. gent. Charles Bateman, late of L. gent. John Trenchard, late of L. efquire, Simon Millei, late of L, gent. Jcivas Ryiield, late of L. gent. W. Feachy, late of L. gent, and Richard Farrirgdon, late of L. efquire, well- knowing the premiffes aforefaid, but being evil-difpofed per- fons, and devifing and intending to difquiet, moleft and diflurb the peace of faid lord the now king, and the public tranqui- lity of this kingdom of England, they the faid T. Pilkin?- toii, S. Shutc, under colour ot their ofhce of fherilFs of Lon- don aforeiaid, and the faid Hem y Cornilh, Ford, lord Grey, T- Gould, knt. J. Shorter, knt. &c. afterwards, and after the faid adjcurnment to wit, on the faid 24th day of June, in the 34th year, &c. aforefaid, at the parilh of St. Michael BalR- Ihaw, London aforefaid, in the Guildhall aforefaid, there with indi6lments for Riots, Routs, kc. with force and arms, &c. rlotoufly, routoufly, unlawfully and feditloully with many other evil-difpofcd peilbns, and diiluv- bers of the peace of the fald lord the now lS. S. R. G. Ford, lord Grey, &c. at which odlave of the purification of the blefled Virgin Mary, come as well the faid R. Sawyer, knt. who pro- fccutes, &c, as the faid T. P. S. S. R. G. Ford, lord Grey, H. C. T. G. knt. &c. by their attorney aforefaid; and the Return of flierifFs of the city of London, return the names of twelve'''- veniro. jurors, of whom none, &.c. therefore the fberiffi are command- ed, that they diltrain them by all their lands, &c. and that ofr,,! • the iiiues, &c. and that he may have their bodies beiore the^^yafjej fild lord the king, fiom the day of Eailer in five weeks, vvheie- foever, &c. or before the beloved and faithful of the lord the king, Edward Saunders, knt. chief jultice of the; faid lord the king, affigned to hold plea: before the king himfelf, if he ihall firlt come c^n Tuel'day next after one month of Eafter, at the Guildhall of the city of Lond')n, according to the form of the llatute, &c. for the defa ilt of jurors, &c. therefore let the fheriffs have their bodies, &c. to recognize in tlie form aforeiaid, Sec. the fame day is given as well to the f-iid Robert Sawyer, knt. who profccutes, &;c. as to the faid T. F. S. S. R. G. Ford, lord Giey, H. C. T. G. knt &c. at which five weeks of Eafter in this term, beiore the lord the king, at Weftminfter, come as well the faid R. S- knt. who profccutes, &c. as the faid T. P. S. S. R. G. F. lord Grey, H. C. &c. by their attorney af)refaid, and tlfb faid chief jitftice before whom, &c. hath fent here his record before him had in thefe words. Afterwards, at the day and place within cOHtaincd before Poflea. the within named Edv/ard Saunders, knt. the chief juflice of the faid lord the king within written, Eduard Watir, gent, being a-ffociated to him by the form of the ftatate, come as well the within named Robert Sawyer, knt. attorney-general of the faid lord the now kii.^, who profccutes, ^kc. as the faid T. P. S. S. R. G. F. lord G, H. C. Sec. by their attorney within written, and the jurors of the jury wheieof mention is within made being called, come and are fworn upon that jury. And thereupon public proclamation for our lord ^^^^ p|.jj^]j|^^^ icing being mad%?s is the cuflom, that if there was any onc;io,>, F f who Indidnicms for Riots, Routs, &c. "wno would infvyrm the faid chief juftice of the faid lord the king, or the ferjeant at law of thr laid lord the king, or the jtttoiney-otDeral of the faid lord the kij^g, or the jury afpre- faid, concerning the rr.atters within contained, that he fliould come forth and ihould be heard, and thereupon George Jef- fieys, knight and Baronet, on belialf of the faid lord the king, offered himfelf to do this, whereupon it"\va5 proceeded by the cou)t here to the taking of the jury aforefaid, by the faid ja-rj now appearing, who being elcdted, tried and fworn to fpeak the truth concerning the matters within contained, fay upon V A-/^ iheir oath aforefaid, that the faid T. Gould, knt. J. Brooks, Y«rdi«. -VV. Miller, T. Charleton, D. Newman, J. Jekyl, the youn- ger, B. Alfop, M. Aleriton, J. Trenchard and J. Byfield, are not cuilty, riorisany of them guilty of the premifles in the *p^ l86. * i/iformation in the faid record ir.entionedj as within by plead- ing they have alledged. And the jury aforefaid upon their oath afortlaid further fay, that the faid Thomas Pilkington, S. Shute, Ford, lord Grey, T. Player, knt. S. Bethel, elquire, F. Jcnks, J. Deagle, K. Fiee:r.an, R. Goodenough, R. Hay, J, Wickham, S. Symmock and J. Jekyl, the elder, are guilty, and each and every of them is guilty of the premifles in the jnformatini: within written mentioned, as by the faid Informa- tion within, agaiaft them is fuppcfcd, therefore, tec. The trial of the dej'sndanti upon this ififlrmation, lefore the lord cJiiej f'u/hce Samidcrs, is in the State Trials, vol. 3. fil j3. — /^nd Sir BarthrJomezv Shcrcver in, the id I'd. of his reports., fil. 262. fays '* Ihat then z'jas a challenge to the array, iecavfe 710 kn'-ght zcas rs- turntd on the panr.el, as thin ou^^ht to have heen^ (the lord Grey i'eiv.g a peer of the realm) and that the chief jujixe was of opinion that it tiuas a (^oodcutfc of challenge, but it appears by the trial that the ehaUengs zoas ovrr-rulcl, for that ?/ cuild 7ist be pleaded at niji prints. Ths King againft Stro'de. Michaelmas, 3 2d Charles II. Ir;ferfnation for a riot, Mlddlefe>:, ) HP ^-^T One Effex Strode, late of the parilh of and break- -j'^ yj\^^ jj* X ot. Margaret, Weilminlter, in the county SK °f Middlefex, efquire, Ferdinand Burleigh, late of the pa- ths'ambaf- ^'''■^ afciefaid, ia the couhtj aforefaid, gent, (and feveral others fador frcm particulailv Indi(^ments for Riots, Routs, kc. particularly named) together with divers other inalcfaflorj tOthe Du'-vcof the faid attorney-geneial oi the iiiid lord the king, as ytt un- Savoy, and inovvn, on the Sth day of July, in the 32d year of the reign 'a^int; from of the lord Charity the 2d, by the grace of God, of England, "'J"^'J^, Sec ting, (S>-.c. at the parifti of St. Martin in the field?, in the^*^"^* ***° county oi Middltfex aftTCiaid, with force and arms, &c. un- lawfully, riotfufly and rontoully did afTcmble, unite and gather themlelvcs tngtiher, todiftiirb the peace of the faicl lord the now king, and then and there fo being affcmhled ?nd collecfled, T.'ith force and arms, &c. rioioully, routoully and unlawfiillY the doors ot the manfion-houfe oi the molt noble Lewis Joicph Turnett, count of Portengue in Pifdmrnt, in parts beyond the it-as, envoy extraordinary fent from his royal highnefs the Duke of Savov, to onr faid lord Charles the 2d, of England, &c. king defender cf the fiith, &c. did break down, and the laid houfe, the doors being fo broken down, with force and arms, 6cc, unlawfully, riotoufly and routoufly did break and €nter, and the goods and houlhold furniture of the faid Lev.'is Jofeph Turnett, count of Portengue, being envoy as aforefaid, then and there found, with force and arms, 6ic. riotoufly, rout- oufly and unlawfully did take and carry av/ay, and him the laid Lewis Jofeph Turnett, count of P. being envoy as aforefaid, for a long time to wit, from the Sth ' day of July, in ihc:»32d * P. 187 year, &c. aforefaid, until the nth day of the fame month of July, with force and arms, &. unlawfully, riotoufly and rout- oufly from the poffeflion of the fsid houfe did expel and keep outj and "other wrongs to him did, to the evil example of .all others in the like caie offending, and againft ti>«: peace of the /Jid lord the now king his crown and dignity, &;c. where- upon, &c. ■;as a tri'il at bar on this uifirrnatlon^ And ths defcn/^ant here zd , _j . ^, . -.. of JViJiminJltr^ (the defendant S'.rode biin^ Ivgh-haiUff ef JVe/im'ni/Icr ) luf the c-.t/rt ever ruled the ev deuce as infujpcient, and h.ll this to be a ri.t. This » > S^H ««« *« " — • Indiciments for AJfauIts and Woundings. The King aganift Goftwick, and others. Trinity, 3d. James II. Informat'on Zo««?bw, \*'\ *HAT William Goftwlck, late of Willington, for confpir- To wit. y -^ in the county of Bedford, knight and baronet, mg to beat ^^^ others, &c. being and each and <'very of them being per- an woun ^^^^^ ^£ ^^jl name, fame and of wicked difpolitior, and devi- a man, and _ , i-n- j- j lVi for iliafpur ^'"g' ^"'^ m.alicioully intending, and among themlclves con- frfe ffjniingfpiiing, compafTing and deviling one S. V. gent, by way-laying forlimuT-to beat, wound and ill-treat, on the ill day of Sept. in the fituate iti lleet-ftreet, London, in the parifli of, 5:c. in; and snd liim the faid S. V. then and there did way- lay ; and that wounding the faid M. B. and others, &c. afterwards to \vit, on the day ^iin. and year, &c. with force and arms, <5i:c. at the parifh, &c. by the procureme.nt and incitement of the laid VV. G. and G. C. they the faid Ai. B. and other?, &c. then and there by way-lay- icg, in and upon the faid S. V. in the peace of God and of t'le fad lord the king, then and there being, with force and arms, <5cc. did make an affauli and affray •, and him the faid S. then and there, with force and arms, &c. moll grievoully and dangeioully did beat, wound and ill-trent, io that of his life it v.as greatly dclpaired ; and the faid coroner and attorney of the r.:id lord the now kin<^, further gives the court here to un- derilard and to be informed, that the faid S. V. of the beating, wounding and ill- treating afoiefaid, from the day and year aforelaid, until the day of the exhibition ot this information, L , 180= at the * parifh, &c. did larguilh, and Janguilhing did live, and was Indi^lmcnt* for Affault« and Woundings. V«s in great peril of his life, and that the faid W. G. and others, &cc. other wrongs to him the faid S. V. then and there with force and arms did, to the gre.U damage of the faid S. V. and agaiaft the peace of the faid lord the no\A/ king, &c. 6:c. The King againjX the Earl of Devonfhire. , JEafter, 3d James II. JI(f/^(//^y^,r,7 »-pHAT William Earl of Devonfliire, late oflnfoimation To wit, y i the parilh of St. Martin in tho iieldf, in the [j^j^'^jj'^«^"g- county of Middlefex, on the ^4th daj of April, in the 3^1?^^,"^. year of the reign of our lord James the 2d, by the giace ofj^ tliekirig's God of England, &c. Icing, defender of the faith, &.c, with palace, and force and arms, &c. at the city of Weftminfler, in the countv^'^'^"''^'"? of Middlefex, within the palace of the faid lord the kin^l^^^^j^Ym""''' there, to wit, within the court of the faid lord the king, com- monly called Whitehall, (the faid lord the king then and there in his faid palace, in his royal perfon being, continuingand abiding) one Thomas Colepeppar, efquire, in the peace of God, and of the faid lord the now king, then and tliere being did provoke and challenge to fight, with him the faid Willi.im Earl of Devonfhire, with intention to kill and murder the faid Thomas Colepeppar. And that the faid Wiiliam, Earl of Devonfhire, afterwards to wit, on the laid day and year, &c. aforefaid, at the city of Weltminfter aforefaid, in the faid county of Middlefex, v.'ithin the faid palace of the raid lord the king, to wit, within the faid court, commonly called Whitehall, (the faid lord the king then and there in the faid palace, in his royal perfon as aic^relaid, being, continuing and abiding) with force and arms, &c. in and upcn the faid Tho- mas Colepeppar, in the peace of God atirlol the faid lord the now king, then and there in the faid palace being did uiake an afTault, and him the laid Thomas Colepeppar then and there, with force and arms, (Sec- malicioully did Itrikc, beat and ill- treat, fo that of his life it was greatly dcfpaired, and other wrongs to the faid Thomas Colepeppar, then and there, wiiK force and arms, &c. did, to the groat damage of the faid Tho- mas Colepeppar, to the manifeil contempt of the faid lord the now king, and of his laws, and againft the peace of the faid iofd the nc.v king, his crovrn a'ld digu'ty, &c. And Indi£lments for Affaults and Woundin^s. pleads his ■^"'^ "°'^ to w'lt, On the Monday next after the morrow of privilege as <^^c -A^^fcenfion of our Lord, in this iame term before the lord a peer of the ting, at Weftminftcc, come as well Thomas Powis, knt. th« realm, folicitor- general of the faid lord the now king, who for the ber oAhe'^^'*^ ^^"^^ '^^ ^'"S ^" ^^'^^ behalf profecutes, in his proper per- houfe of ^°"' ^s ^^^ ^^'"i William, Earl of Devonfhire in his proper Lord?, to peribn, and the faid William, Earl of Devonfliire faith, that the jurif- that he on the 19th day of May, in the ift year of the reign of diflion of the lord the now king, and long before, and continually from Km'^°s"'^'° thence hitherto afterv/ards, was an^ as yet is Earl of Devon- Pench. ifihe, one of the nobles, lords and peers of this kingdom of *P. 180.^"^^^"^' * ^^^ ^^^^ ^^ ^^^ prcfent parliament of the faid lord ■^ the now king, begun and held at Weitminfter, in the county of Middlefex, on the faid 19th day of May, in the ift year of the reign of the faid lord the now king aforcfaid, and there by fe- veral prorogations continued until the 28th day of April, in the 3d year of the reign of the faid lord the now king, and then at Wellminfter aforefaid afl'embled, and from that day further prorogued to the 2 2d day of November then next coming, the faid Earl by the fummons of the faid lord the now king, did come, attend and continue as one of the peers of this kingdom; and the faid Earl further faith, that accord- ing to the law and cuftom of parliament, ufed and approved from the time whereof the memory of man is not to the con^ trary, all peers of this kingdom of England coming to the parliament of the lord the king, by the lummons of the faid king, by any court inferior to the faid court of parliament, during the time of the 'fitting of fuch parliament, or within the ufual time 0^ privilege of fuch parliament next before or next after any prorogation of fuch parliament made, by reafbn or pretence of any trefpafs, contempt, mifbehaviour, or other caufe or matter whatfocver, (treafon, felony, or refufal to find fecurity for good behaviour towards the faid lord the king, and all his people only excepted) ought not nor have been ac- cuflomed for the whole time aforefaid, to be arrefled, impri- fcned, troubled or difquieted, or to any fuch trefpafs, contempt, mifbehaviour, or other caufe or matter whatfoever (except as aforefaid) be compelled to anfwer, and this he is ready to ve- rify, wherefore, bccaufe the faid information was exhibited againft him the faid Earl, within the ufual time of the privi- lege of the faid parliament, to wit, within forty days next after the iaft prorogation of this prefent parliament which are not yet expired, the laid Earl prays judgment if the court here will or oTight to hold cognizance of the faid plea, now within the ufual time of the privilege of the faid parliament, &c. Demurrer. And the faid Thomas Powis, knt. folicitor-general of the f,iid lord the nov/ king, ^'ho for the faid lord the king in this behalf Indidmcnts for Affaults and Wouiidings, behalf profccutes, for the faid lord the king faith, that the faij plea by the faid William, Earl of Devonfhiie, in the manner and form aforefaid above pleaded, and the matter in the fame contained are not fufficicnt in law to preclude the court oi the faid lord the king here from proceeding upon the faid informa- tion, and this he is ready to verily as the court here fhall con- fider, wherefore he prays judgment, and that the faid William Earl of Devonlhire may further anfwer to the laid information, &c. And the faid William, Earl of Devonlhire faith, that the J'*'"^*"- plea aforefaid, by him the faid William, Earl of Devonlhire, in the manner and form aforefaid pleaded, and the matter in the fame contained, are good and fufficient in law to preclude the court of the faid lord the king here, from proceeding upon the faid information, which plea and the matter in the fame contained, the faid William, Earl of Devonftiire is ready to verify and prove as the court here Ihall confuler, wherefore as before, he prays judgment, if the court of the lord the king, here, upon the faid information will any further proceed; and J^'^S'^-'a*- thereupon all and lingular the premifTes being read and heard becaufe that it fcems to the court here, that the faid plea of the faid Earl of Devonfliire, in the manner and form aforefaid above pleaded, and the matter * in the fame plea contained, *p arc not fufficient in law to preclude the court of the faid lord * -^ the now king here, from proceeding upon the faid information, therefore It is faid to the faid William, Earl of Devonlhire, that he the faid William, Earl of Devonfnire do further anfwer '^^'"pon'lea* to the faid information, oufleri On the 15th of May 1689, tine Houfe of Lords ciechreJ, " That the court cf King's-Bencb in s'ver-ruling the Earl cf DevoriJ.htre' s plea sf privi- lege of Pcirliament, end forcing him to plead o'Ler in chiefs it be:m inilhi" the ■ufualtime of pri-vilege, did thirehy commit a inanife/i breach ef privileee, €ff," /0«/if Rapin's HiHory of England, vol. 13, page 245. The Kmg againjl Colepeppar. 7he palace of the lordthi^ T^^^ remembered, that at the gene i^di^mant king, at JVefiminJisr, rri{£> ral fellion to hear and determine againfrMr. the county of Middlefex,\'3.\\ treafon?, mifprilions of treafon, Colepeppar, to wit. ) murders, killings, bloodlheds, and ^' '''<^ ''sm- other malicious ftrikings by reafon whereof blood Ihouldl" °"f *^^'*' be dcd a-ainft the peace of the faid lord the king,So;js'' within by Yirtue of Indictments for Afifaults and Woundings. tTieftatnte within the hoiifhold of the faid lord the ting, held for ofH. 8.) the faid lord the king, within the palacr cf the faid lord f"''^^^"'*' the king, at Weftniinfter, in the county of Middlefex, inl' an" ' *° ^^'' °'' ^^0"^^y t^^c 20th day of July, in the ift year woundinf ^'^ ^^^ reign of our lord James, by the grace of God, of the earl cf England, 6ic. king, defender of the faith, &:c. before James, Dev nfhirt, dij]ie of Ormond, fteward of the houlhold of the faid lord the W^-'hi ^r\ ^'"S> according to the form of the Itatute in fuch cafe made was ihed ^"'^ provided, by the oath of Michael Arnt.dd, Richard Dalton, &c. inferior officers of the houfhold of the faid lord the king, whofe names are imolled in the rolls of the counting houfe of the lord the king's houltiold, then and there Iworn and charg- ed to enquire for the faid lord the kint;, according to the form of the itatute in this behalf, witliin the laid palace, it is pre- fenied as follows, to Vvit, the palace of the lord the king, at Weflminiter, in the county of Middlefex:, to wit, the jurors for the lord the king upon their oath preJent, that T. Colepep- par, late of, 6:c. efquire, on the 9th day of July, in the ill year of the reign of our lord James, by the grace of God, of England, Sec. king, &c. with force and arms, &c. within the palace of the faid lord the king at Weifminltei', in the county of Middlefex, (the faid lord the king, then and there, in his faid palace, in his royal perfon being, continuing and abiding) in and upon the moft. noble William, earl of Di vonfhire, then and within the faid palace being, did make an affault, and him the faid William, carl of Devonfhire, then and within the faid palace, malicioully did Itrike and wound, by reafon of which the blood of the faid William, earl of Devonfhire, then within the laid palace was fhed ; to the great damage of the faid William, earl of Devonfhire, to the manifeft con- tempt of the faid lord the now king, and of his laws, againlt the peace of the faid lord the now king his crown and dignity, and alfo againlt the form of the'ftatute in fuch cafe made and provided, &c. &c. Indl^mtiit^ indi^ments for forcible Entries, «c.. ►>vvy«y5»$^:gJ< T)E it remembered, thnt on the iftK day of tlie To wit. j"-*^ inonth of July, in the 3^ih year of the reign p^^^^j p{-^ of our lord Charles the id, by the grace of God, of England, i.^rce up»n &c. king, &c. one Peter Eftington of the parifh of Sc. Baitolphview •( a Ald^ate, citizen and goldrmith of Lond(^n, o.n the hehalt ()fjart:ce of Mofcs Winkworth, citizen and glover of London, complained '^ P^awC. to me, William Pyers, efq. one ot the juftices of the laid lord of the peace of the faid lord the king, into a certain mill with c. z. 8 H. the appurtenances of the faid Mofcs Winkworth, at Wimble-^- <=. 9. 3: ton Mills, in the pa;rilh of Wimbletcn, in the faid county of^' 'l"" "^'^ Siirrey,w'i(.h a llrong har.d did enter,and upeh the peaceable pol- •'" feffion of the fiid M. W. thereof, with a ilrong hand into the faid mill did enter, and with an armed power, as yet do hold, and thereupon prayed that remedy fhould be given by me to the faid iM. W. in that hehalt", which complaims and petitions tcing heard, I the faid W. F. immediately in my ov/n perfon approached to the faid mill, and in the raid mill I then found the faid R. Hayton, and certain others, to wit, A. X. F. R. and J.C. holding the faid mill, vvi:h force and arms, and with a ftrong hand, and vviih an armed pov»cr to wit, with ftaves, and. fwords, and bludgeons, and v/ifh (-ther arms, (/ffeniive and de- fenfive, againll the form of the flatute in fuch cafe rr.ade aixt provided, and thereupon I the faid W. P. then and there did airtrt the laid R. H. A, R. F. B. and J.C. and have ci^'ifed them to be brought to' the next gaol of ihe faid lord i>.f king,' at tne borough of Southwark, in the faid county of Surrey, as being convided of the faid withhold i-g by a Ofohg hand, b/ my view and record, there to remain until they fhall pay to' the faid lord the king, the fines for their faid trelpafies. Given at the bridge-houfe within the borough of Southwark, undef my hand and feal, ihe da/ and year atorefaid firit written. G z Thr Indidlments for forcible Entries, Sec, The King agahift. H^rmpfon. , . rr- ' r-pH/\.T Dennis Hampfon, late of London, cfquirCs for'aTrd" '^' ""- and cdiers, on the 14th day of June, in the bleentr/on 23d year of the leign of our lord Charles the 2d, by the grace *P. IQ2.^^ God, of England, &c. king, &c. with force and * arms, at the tenant' t^« parifk of Taplowe aforefaid, in the faid county of Bucks, for years, unlawfully, riotoully and rouloully did aiTomble and gather themielves together, to diftinb the peace of the faid lord the now king, and they fo as aforefaid, then and theie with force and arms, &c. being riotoully and unlawfully affembled and gathered together, into one meffuage and 400 acres of land, Y/ith the appurtenances fituate, lying and being in the faid parifti of Taplowe, in the faid county, and then bein^ in the peaceable poffcfiion of one Richard King, the younger, for a term of divers years then to come, with force and arms aforefaid, riotoully, routoufly, unlawfully and unjuftly, and with a ftrong hand did enter and make an entry, and him the faid K. K. the younger, (his term aforefaid not then Dor as yet being expired) thereout, then and there with force and arms, liotouUy, routoufly, unlawfully and unjuftly, and with ftrong hand dici expel, ejec^ and amove, and him the faid Richard KinP' fo thereout expelled, ejetfled and amoved, from the faid , 14th day of June, in the 23d year, &c. aforefaid, to the day of the exhibition of this information, with force and arms, &c. riotoully, routoufly, unlawfully and unjuftly, and with ■ fiionc hand thereout did hold and as yet do hold, to the great dama'ge of the faid Richard King, and againll the peace of the faid lord the now king his crown and dignity, &c. whereupon,- &c. The ' King againji Edwards and wife. Inqulfuion J)e'i)onJ}}2re,\ T TERETQFORE to wit, on Thuriaay the iStfe for a f - -po ^^it. j |~^ cjay of March, in the year of our Lord tat^Tilli- ^^^4^' ^^ ^ certain inquifition for the keepers of the liberty of '{"aid. ^ ' England, l>/ th€ Aulhority cfparliaiucoit, taken at the Goal-gar- den, ludidmcnts for forcible Entries, ^c. i?cn, nigh to the city of Exeter, in the faid county, before John Wilde, chief baron of the public Exchequer, Henry Wal- dron, efquire, Henry Fry, clquire, and others their fellows keepers of the peace, and juitices afii^ned to prclerve the peace in the faid county, and alio to hear and determine divers felonies, trefpaflcs, and other mildeeds in the faid county per- petrated, by the oath of twelve jurors it is preJented, that Koberc lidvvardj, late of Errin^^ton, in the faidcpnnty yeoiran, and Catherine Edwards, the wife of the faid Robert, with many others unknown^ to tlje number of three perfons arnitJ and arrayed in a warlike manner, on the loih day of February, in the 20th year of the reign of the -lord Charles, late king of England, &c. with force and arms, (Sec. at Keeion, in the pa- rilli of 'Errington aforefald, in the county aiorefaid, into one meffiiage with the appurtenances, five acres of land, one acre of meadow, five acres of paliure, with the appurtenances, in the parilli of Errin^ton, in the county aforefaid, then beinc^ the freehold of one William Rogers, and then inthe tenure and occupation of one Hugh Flailiam, unlawfully, and wilhfircnjj hand did enter and die! make an entry, and him the laid \V. Rogers with force and arms, &c. aforefaid, unlawfully, with llrong hcnd, and without judgment, then and there did dif- leize, and him the faid H. Fiaiham from his porfelfion thcreotj then and there with force and arms aforefaid, and with ilio'ig liand did expel and t']t6i, and him the faid W. R. fo thereof dilTeized, and him the faid H. F. fo therefrom expelled anj ejedled from the faid icth day of February, in the 20th year of the ri^ign of the faid late king, &c. aforefiid, to the day of the taking of this*infornialion,fiom the faid iricfmage and the other *l • I^S* premill'es with the appurtenances, with force and arms afore- faid, unlawfully and with ihong hand afoiefaid, did keep our, and as yet do keep out, in contempt of the faid late king, and •as well againft the peace of the laid lord the king, as againU the public "peace, «&c. and alfo againft the form of the llntutc, in fuch cafe made and provided, etc. Whereupon the iheriffy - is commanded that he do not omit, &c. but that he caafe them,,y\y..j. to come to anfvver, &c. And now to wit, on the Friday neraawaiJcd. after the morrow of the Holy Trinity, in this f^me term., before the keepers of the libcrcy of England by the authority P'cn in ' .ir of parliament, in the upper bench at WcAminficr, come the f J^efliij- fiid R.Edwards, and Catherine Edwards hi* wile, by Peter"<^"- Goffright their attorney, and having heard the indidtmcnt aforei'aid, protefting that they the fiid Robert and Catherine, ProtsH-uija into the faid mefTuage wiih the appurtenances, and into the five acres of land, &ic. in ihe faid indiclincnt fpecificd, with fone and arms, and wlili itrong hand did not enter, neverth'-lcfs iT^r plea for the preventing and qualhing of a writ of rcltitution againft them, upon that indi(5hnent-to be. adjudged, they the fiiid R. and C. his v^ife, fay, that long before the faid day, in Indictments for forcible Entries, &c. •v/KicK the incliflment aforefaid, fo as aforefaid was found, one -William Rogers, confin of the faid William Rogers in the in- diftment a brer;! id above named, on the loth day of Auguft, in the 8th year of the reign of the lord Charles, late king of Engl.-ind, &:c. was feized ot and in the laid meffuage with the ' appurtenances, and of and in the faid five acres of land, one acre ol meadow, five acres of palture.with the appurtenances in Jiis dcmefne as of fee, and fo being feized thereof, to wit, on the faid loth day of Auguft, in the 8th year, (Sec. aibrefaid, at Keeton. in the parifh of Errington aforefaid, in the faid county, did grant and to farm let, to the faid Robert and his * aifigns, the faid tenements with the appurtenances, to have from the time ot demife aforefaid, for the term of 99 years from thence next following, if the faid Catherine, wife of the faid Robert, and J. E iwards and T Edwaids, fons ot the faid Robert or any of ihem ihould fo long happen to live, and by virtue of v/hich demife, the faid Robert afterwards to wit, on the faid loth day of Auguft, in the 8ih year, &c. aforefaid, into the tenements with the appurtenances did enter, and was and as yet is thereof polfeffed, and was in the quiet poffcifion of the iaid tenements with the faid appurtenances, for the fpace of three whole years together, next before the day in which the indiclment aforefaid, was found as aforeiaid, his term aforefaid not as yet being ended and determined, and this the laid R. and C are ready to verity as the court, &c. Where- npon tiiey p.-aj judiiment, and that reftitutiun according to the form of the Itatute in fuch cafe made and provided, may be akogrtiier quaihed in this behalf, with this that they the faid R. and C. are ready to verify, that the faid J. and T. as yet sftre aiive and in lull iife, to wit, at Keeton aforefaid, in the yariih of Errington aforefaid, in the county atorefaid, &c. jR-cplicaucn And the faid William Rogers and Hugh FlaQiam fay that . j'i'c;teilai)(i3they by aoy tliin^'by the faid R. E. and C. his wite pleaded for that the --■■'■' ■ ■ ^ ■• • ' - •■ ' ^ ^°' the prevciuing and qualhing of the faid writ ot leltitution, i^oz lei-Td ^g^'i"ft the'm the faid K. E and C. his wife, and each uf them r.or made' upon the' indidfment atorefaid to be adjudged, ought not to thi isafe. be precluded, bccaufe ])roteiting they fay that the faid W. Rogers, the coufia afoiefaid, on the loth day of Auguft, la the 8ih year aforefaid, was not feiztd of and in the * faidinefiuage vvith the iaid appurtenances, ^nd of and in the «p j^ fa'd five acres of land, one acre of meadow, and five acres of ■'•^'^' p'afiiue, v.'ith the appurtenances afurelaid, in his demefne as of fee, wr on the faid toih day of Aujjuft. in the Sth year afore- faid, at Keeton iifbrti'aid, in the paiiih of E. aforeiaid, in the county iitorcftiid, did he gia!;t and to farm let, to the faid R. E. and iiii. affigns, ihe'faid tenements with the appujtenances to hav<- f!r>rri the lime ot the laid demife, for the faid term of 90 jLais then next coming, if the faid C. the wife of the faicl ' •' ' .... ' Robert, J Indi^lments for forcible Entries, &:c. Robcre, and one J. E. and T. E. the fons of the faid Robert Ihould lb long happen to live, or if any of them ihoukl fo long happen to live, as the laid R. and C. above by pleading have alledged. But replying, they the faid VV. R. H. F. fay tl^at g^ ^^^^^^^1^ the faid K. E. was not poffeifed, nor was i» the quiet po/rclfion of the faid one mcfibage, with the appurtenances aforclaid, and of the faid five acres of land, one acre of meadow, and live acres of pafture, with the appurtenances aforefaid, in the indi<5tnient aforefaid above fpecified, for the fpace of tljree years together nest before the faid day, in which the faid indictment was found as aforefaid, in the mar.ner and foim as the faid R. E. and C. above by pleading have alledged, and this the faid W. R. and H. F. are ready to verify as the court, &c. Where- fore they pray judgment, and that the faid writ of reftitution may be adjudged ^gainfl them the faid R. E. and C. and each of them, according to the ioim of the itacute in fuch cafe made and provided. And the faid R. E. and C. as before iay, Rejoiader. that he the laid R. was poflefTed, and was in quiet polfcffion of the faid oije meffuage, with the appurtenances, and of the faid five acres of land, one acre of meadow, and five acres of paffure, with the appurtenances atore^aid, in the faid indidl- ment above fpecified, lor the faid Ipace of three years together next before the day in which the faid indidlmcnt was found as aforefaid, in the manner and form as they the laid R. E. and '*^' C. above, by pleading have alledged, and this they the laid R. E. and C. pray may be enquired of by the country. And the faid W. R. and H. F. do the like, &c therefore let a jury come thereupon before the iordj the keepers, iS:c, hJ:'^i}:c}ii5 Indi'^mcnts for Efcapes and Rcfcues. IndiSirMnt for an Efcape and Refcue, The King cigauift Blake, qnd others. Michaelmas, ifl: James II. ving the MiJdlefex,')^^ ^HAT Thomas Atterbury, one of the mef- cfcape of a To wit. j* J- fengers in ordinary, of the chamber of the '^^'^ '" 'he lord the ting, on the day and year, &c, at, &c. by virtue of a meffenyr ^ ^^"^"^ i" Writing, under the hand and feal of the moft noble for treaf:,n. ^?'^'-''"''> ■^^'^^ t>f Sunderland, baron S. of W, then one of the ab'e prac- pnvy-council of the lord the now king, and piincipal fecretary tifes, by of llaie, to thefaid Thomas Atterbury in that behalf direfted, it'womS ^^'^ ^^"^^ ^^^ °"^ 'Dan'itl Blake, of, &c. took, and him the faid dotheT^" * ^' ^'^^" ^"'^ there to wit, on the faid day and year, <&c. in whereby he ^'^^ ^^°"^^ of the faid T. A. lituate in the parifh, &c. in his effaped cuftody, by virtue of the v/arrant aforefaid detained, for the from the occafion of certain dangerous and traiteroiis pra«^>5§gSJ'MIMe/}^J'^UAT John Cole, late of the parjfli of St. Tance In "^^ ^'^" J Martin in the fieldf, in the county of Mid- ikeeping of dlefex, foap-boilerf- on the day and year, 6cc. at, &e. at the a dap. parifh, &c. in a certain place there, nigh to a certain flreet, boiler's called the Haymarket, and to a certain other flrect, called Iiou e, and Janies's-ltreet, fituate in the pariih, &c. in the county, &c. tthcrs." 'and alfo nigh to the manfion hoiifes of divers honourable per- ibns, and of other liege fubjedts of the faid lord the now king there lituate, did make, place, build and crecft, and did caufe to be made, placed, built and erecfted a certain foap- boiler's houfe, furnace, and boiling veffel, for the boiling of foap, and for the melting of putrid tallov/, fat, greafe, and of other jioifome, bad-fmeiling, peftilential things, and that the faid John CJole afterwards to wit, on the day and year, &c, afore- V iaid, and at divers other days and times as well before as after, at, &c. as well in the night as in the day, with force and arms, &c. unlawfully antl unjuftly in the furnace aforefaid, under the boiling velfel aforefaid, did make and caufe to b6 made inig'hty and great fires of fea coal, which fiies of fea coah great quantities of unwhoiefome and infalubrious finoak for the whcl^ time aforefaid, did emit and daily do emit, and that the faid John Cole atterwards to wit, on the day and year, Sec. and at divers other days and times as well before as after, with force and arms, ccc. at, &c. unlawfully and unjuilly with the mighty and great fires fo as aforefaid made in the fgid furnacCj 15 Indidments for Nuifanccs, 5cc. great fl[ii»Btities of putrid tallow, fat, greafe, foap, anl ottejp noif'ime and bad-fmelling peftilential things, in the boiling vcffel aforefaid, did melt and boil, by the reafon Of which the air there is rendered very infalubrious, and was and is greatly filled and infefted with many offcnfive, .dangerous and unwholc feme fmells, to the common nuilance of all the licgc fubje(fls ot the faid lord the now king, going, pafling, riding, and labouring, in, by or through the faid streets, and the Jfing's highways nigh thereto adjacent, and alio of divers ho- nourable perfons, and other liege fubjecfls of the laid lord the now king nigh thereto inhabiting, refiding and dwelling, and againll the peace of the faid lord the now iifig, hiscrowB and dignity, &c. whereupon, 6cc. Sec, H h a Mi^men^ ludiiSlinents for not repairing Highway*. •»»»»^^^^|$$€««(M«^«^ ''^'199'IndiSlments for not repairing Highways, The King againji Fanlhaw. Michaelmas, igih Charles II. record up- ^jfg^.^ 7 rp HE lord the king hath fent to his juftlccs, W t^of er= T^o ^^^^* J ■*• s^ffigned by his letters patent, to enquire by Tor upon a ^^^ ^^^^ ^^ good and lawful men of the county of Eflex, b/ conviction whom the truth of the matter might be the better known and for not re- enquired into, or by other ways, methods and means by which pai ing a they might or could know better, as well within liberties as brid"e°" without, more fully the truth of certain treafons, mifprifions ■whiLh'th* <5f treafons, infurredions, rebellions, counterfeitings, clip- defendant pings, walhings, falfe coinings ard other falfitics of the monies was by te- of this kingdom of England, and of other kingdoms or do- rure bound j^jj^j^j^g whatfoever, and of certain murders, felonies, man- ^° '^' llaughters, killings, burglaries, rapes of women, unlawful meetings and conventicles, unlawful uttering of words, mlt priiions combinations, falfe allegations, trelpaffes, riots, rout?, retentions, efcapes, contempts, falfities, negligences, conceal- ments, n;aintenances, oppreffions, champHrti'-s, deceits, and all other mildteds, offences and injuries whatfoever, and alfo of the acceffaries of the fame, within the county aiorefaid, as well within liberties as without, by whomfoever and howfoevcr had, done, committed or perpetrated, and by whom, or to ■wh ^m, when, how and in what manner, and of all other ar- ticles and circumftances the premifTes, and every or any of them hov.'foever concerning, and for that time to hear and de- termine the faid treafons and the ':'ther premifTes, according to Writ of i}i^ laws and cuftoms of his kingdom of England, and to every trior. of them his writ clofe in iheJe words, to wit, Charles the 2d, by the grace of God, of England, Scotland, France and Ireland kino^ defender of the faith, tic. to our jultices alligned by our letters patent, to enquire by the oath of good and lawful men of our county of Effex, by whom the truth of the matter jnight ludi^lmcnts for not repairing Highways. yniglit be the better known and enquired into.or by other ways, methods and means, by which ihey mi^ht or could know better, as well within libeitiesas withtnit, more fully the truth of certain treaions, miipiiiic^ns of treafons, infurrt-cliDus, re- bellions, coun'.(.rtt-itinj:;s, clippings, walhing?, falie coinings, and other falliiics of the monies of this our kingdom of Eng- land, and of other kingdoms and dominions whaifoever, and of certain murders, felonief, manllaughiers, killings, burgla- ries, rapes of women, unlawiul aiUmbl.es and conventicles, unlawful uttering of words, combinations, mifprifionj, con- fedeiacies, falfc allegations, trefpa(fes, riots, routs, retenti- ons, efcapes, contempts, faliities, negligences, concealments, maintenance*, opprelflons, champarties, deceits, and all other mild' eds, offences, and injuries whatfoevcr, and alfo of the acceffaries of tlie fame, within the faid county, as well within liberties as without, by v;homfoever and howioever had, done, * perpetrated or committed, and by vvhom or to whom, where, tfp nnn how and what manner, and of all other articles and circum- itances, the premifies, and every or any of them howfoever concerning ; and for that time to hear and determine the faid treafons and the other premiiTes, according to the laws and cuftoms of this our kingdom of England, and to every of them greeting. Becaufe in the record and procefs, and alfo in the giving of judgment of a certain inditftment made, agkinll Thomas Fanihaw, late of Barking, in the county of EKe-x, knight, for certain trefpaffes, contempts and nuifances whereof he is indicted, and theieupon by a certain jury of the country, between us and the faid Thomas Fanfliaw taken, is convided, as it is faid manitclt error hath intervened, to the great damao'e of the faid T. F. as from his complaint we have received in- formation, we willing that the error, if any there be, in due manner be corrected, and that full and fpccdy jultice be done to the faid T. F. in this bthalf command you that if judg- ment be thereupon given, then that you or one of you fend to tis the record and procefs aforefaid, with all things touching the fame, under your fcals, or the leal of one of you, dlftinftly and openly, and this writ, fo that we may have them from the day of St. Michael in three weeks, where/oever we fhall then be in England, that infpedting the record and procefs aforefaid, we may further cauf, unreverfed and without being annulled. And this the faid C A. and J. S. two inhabitants of the faid county of Efl'ex, in the name of all the inhabitants of the faid county, are ready to verify, wherefore they pi ay judgment, and that the faid inha- bitants of the faid county of EflTtx by the court here may b^ difmifled and difcharged of the laid premiffes iu the faid infor- mation contained. Edmund Saunders. * And Samuel Aftry, knt. now coroner and attorney of the ^' 207- lord the king, in the court of the faid lord the king, before ^'^'^'J""- the king liimfeif, who for thi; faid loid the king in this behalf profeciites, having heard the plea of tlie faid Charles ArgoU and John Stephens, two of the inhabitants of the faid county, in the manner .ind form aforefaid above pleaded, for the faid lord king faith, that the faid plea and the matter in the fame contained, are not fufficient in law, &c. and Jo demurs in law and the defendants join in demurrer. In this cafe judgment was gvven for the king, lecaufe the bridge in the infrmaticn, and the hr-dj^e in the plea, are not the fame bridge ; the one is laid to b» in one parijh, and the other in tvje parifoes. The cafe is reported in Rayrooiid 3S4. The Indid^nients for not repairing Highways. 7 The King ogainjl the Inhabitants of Stains and Egham. Bafter, 36th Charles II. fofnTit-" ^''^^'^ \ ^HAT from die time whereof the memory paiung a 1"^ ^'^^- J <^^ •^^n is not to the contrary, there was pu')lic and as yet ought to be a certain common and public wooden tridgcc bridge, called Stains- bridge, lying over the river Thames, in the feveral counties of Middlefex and Surrey, in the king's highway leading from the market town of Stains, in the county of Middlefex, to the town of Egham, in the county of Surrey, and one part of the faid bridge was and did \yt in the parllh of Stains, in the faid county of Aliddlefex, and the other part of the faid bridge was and did lye in the parifh of Egham, in the faid county of Suirey, for all the liege fubjedls of the faid lord the king, with their horfes, coaches, carts and carriages to go, retu'"n, pafs, ride and labour over and upon, for the whole time aforefaid, at all times of the year, and without any impe- diment. And that the faid bridge from the ift day ofS. in the year, &c. and continually afterwards until the day of the exhi- bition of this information, at the feveral pariihes of Stains, in the county of Middlefex, and of Egham, in the county of Surrey, was and as yet is totally broken and demolillied, and in fo great decay that the liege fubjefts of the faid lord the ting, v/ith their horfes, coaches, carts and carriages, over and upon the faid bridge, cannot go, return, pafs, ride and labour ■ as they have been ufcd and accultomed, to the great damage and common nuifance of all the liege fubjefts of the faid lord the king, in, over and upon the faid bridge, going, returning, palling, riding and labouring ; and the faid attorney-general of the faid lord the king, for the faid lord the king further faith, that the faid bridge is no within any liberty, city or town cor- porate, and that it cannot be known that any hundred, riding, wapentake, city, borough, town or parifh, or certain perfon, or boly corporate, of right ought to make and repair the faid bridge ; and that the inhabitants of the county of Middlefex ought to make, repair and amend the faid part of the faid brldjje, fo as afore^id lying and being in the parilh of Stains, Indi!lmeius for not repairing Highways. in the county oi Aliddlefex, as often as and whenever need hath been. And tha^ the inhabitants of the county ot * Sur-*P. 2o8o rey aforelaid, ought to make, lepair and amend the laid part ot the fa id tjiidge, fo as aforefaid lying and being in the parilh of Egham, in the fald county of Suncy, as often as and t 22 11. S. whenever need hath been, accord ng to the form of the f lla-c- s-'- 2> > tute in fuch made and provided. Ivicvertheltfs the inhabitants of the faid county ot Middlefex, and of the faid county of Surrey, have not made nor repaired the faid bridge, but have permitted as yet do permit the faid bridge, from the lil day of September, in the year, &c. to the day of the exhibition of this information, at the parilh of S. in the county of Middlefex, and at the parith ot E. in the county of Surrey, to lemain very much broken, ruinous-, and in great decay, and aifo to- tally demolilhcd, to the common nuifance of all the liege fub- riuMig ana lauuuwng, ctiiu agaiiui me pc;:ce or ine laia lora tne king his crov/n and dignity, &c. whereupon the faid attorney, &c. dec. The King againft the Inhabitants of the County of the City of Norwich. Norfolk, 7 ' I UIAT a certain common and public bridge, inad pieces of gold, every piece ihtveef of the yalue of twenty ihiilings of the like mone}', and one box made of gold, of the value of fix pourdi of the like mon- y And the faid attorney.general of the faid Joid the king, fur- j^i Count, ther gives the court here to underftand nnd to be informed, that the faid W. M. further to fulfil, peifect and bring to cffeft his moft wicked, impure, vile, infamous and diabolical intentions aforefaid, on the 20i.h day of April, in the tit year aforefaid, with force and arms, &c. at the parifli of W. afere- faid. in the faid county of Sulfex, falfely, unlawfully, iinjuflly, wickedly, vilely, intamouily and diabolic;) lly did make, com- poie, write and publifh, and did caufe to be made, compofed, written and publifhcd a certain falfe, i.npuie, corru;)t, profane, vile, infamous and diabolical letter in writing, to the faid J. the wife of the faid J. L. bearing date the a6th diy of Febru-* ary, 1604, which letter was diredied then and there as follow?, to wit, '■'' 'Jhejfefcr A'Udam Lewkii'.r, of Wtji Dcane in ^uljix^ (meaning the faid '.vlie of the faid John Ltwknor, then a',)id- ing at Welt Deane aforefaid, in the faid county of SulTex) humbly prtfent, (the tenor of which letter follows, to wit) Thuifday noon, being the t6th of Feb. 84-5. — My dear fculy thou only prefervcr of' my life ! oh th:u divine being ! how cm J fay dttty enough tQ ihfef$r *U thy immen/i goodnefi is ms thy Jb90r Jlave ? K k Ac, Indiclmcnts for Miidenicanorft. No, I am ntver nhk to requite deareft thee if I Jloould csniinut thii thoufand years, and yet if thou makefl good thy dear framijfts, 1 JJjall ge near to live a good pari of them. I have now no further doaht but that thou art rejolved to fave me, therefore it is no matter hotu foon thy tyrant knows I cannot Unie without thee, for thou art wine, and Ijhall die if I am much longer ahfentfrom thee : Dear- eji angel dofl wijh thyfelf with me ? ah thou may'/} have me when- ewr thou pleaftji. Oh don't let me zuant what we bothfo much defiri, if it ba thy hlejl will, for nothing can be phyjic to cure my dying iody but thy divine pre/ince ; 'tis f/ie work the fe fellows Richard and M^oody intend to make, my 'villain Madley flmll pay dear for his in- tjufitvuenef, and being fuch a traitor to his mafer, but ajfure thy' feif it is ow/y gveff'ngt for I examined the boy, who protejls he never fciw nor knew he had a letter^ or to whom directed ; but I'll defer <*P, his punijhment till I htur more from thee. Mrs. Savory may eafily '■» • 2 1 ^'hinder them from finding out the plates, by fending them out of * /A« hoife,and thenjhe mayjayjhe hath them not. The efquire came here on Friday lafi, when I was at London; my mother Eve begged of him hut to flay till I came h«me, which would be at ni^ht ; no not he, for hs faidht had fworn never to li$ in the houft mare, but declared he wo^.dfpe/id looc/. in oppofng my coming in for parliament man, he went avoay in a great rage, and tdd my mother he had a ridiculinm letter from, an unknown hand, ijuho told him all that had paffid in his ah fence. I fear all fir thee, nothing for my f elf, fir he is the pittyfulle/i of men zuhere kt cannot domineer. By the Jove thou vtanji me, fuffer him not tofirike nor abu/e thy divine pgrjon, with- out giving me jpeedy notice of it, I claim this jufii e of thee, thou leino iny better part, and know IJJoall die with grief as well as ab' fence, f IJhould live in dread of his beating thee, and thou net ad- v.Ttife me of it \ I hope thou wilt not dofo cruel a thing to thy faith- ful lover. No doubt but his 7Aior/}oip brought home his delicate humour to thee on Saturday night, hefpentmofi of that day at Midhurfl, making all he could againji me \ he, together with his myrmidons, fpread abroad that I teas not at the charge of getting them their ih*rter, and great many fuch filly nonfenfcal lies, he being, thou khoweji, good at them^. Ij'ent Charles to the burghers en Monday, and he is not yet returned, jo can fend thee no account what lord Montague, the town and Mr. Alcock fays, for I writ to them all ; J hear)hat f»me of th burghers fickle very much for me ; I will get it ij prffihle, enly if it be but to dfiurb my deflroyer. Deare/i, there is no far of his taking my letters to thee, if our dear friend but let her trufiy maid be at the pofi-hoife on Fridays, as foon as the letters come in ; r ecavfe hs can have no way at coining at them, but to get ■ ' the pofi-mafier to give him or his agents any letter direSled to our friend, till he find% one ; but ifjhe takes this eourfe, it is impojjlble for him to intercept a letter, therefore prey difcourfe it zoith her. Then for thy hie ft snes to 7ne, never fear their being opened, fend a packet if thou pleajift, there's no danger. I wonder not at all at the infa- hncy of Riehardfon thy tyrant, and mji ieftro^n inUrdi t9 make all Indi»?lments for Mifdemeanor«, fo to the thai J^e can \ hut, hlefftng en thy dear heart, his re':gn it lut Jl:ort. Andfinee wy life dcpcvM upon thy divine prornij'c, Itt r,n tnee mare, before I fend this fcrihiU, hefeeck thee upon my hoidtd knees, to remernber that I tell thee I cannot prcmrje to fccure try lije to thee Ung, if I csnttnuc thus dtpri-ved rf thee ; and my deflrtycr is contriving all the ':.ays he can invent to keep we from thee, he /&/.'67t'i- it will kill me, and that he kncrrs zuill be the fafeft way to be rid of tne: 'Tis only by thee cr.d from thee I can rtceive my lifi, ard th.u my divinity, canft fruftrate his and all their cruelties to yr.e \ and Jince it is Jo, I fear nothing. And I tray and praife thee every das, by -uh'fe bleft promfes and tnercy I live, and try days will not be , long enough to exprcfr, to dear thee my gratitude for thy faving me, thy pcorjlave ; but 7j.'hik I breath th-jufpalt f.e me attend thee with ihe pmreft love, the vafteft obedience, ani the greatcft reference, that can or ever was paid by man. Ah, dcareji life ! what can I * re- ^p turn thee for all thy benefits hefiowed upon me, thy poor creature, only ' *• ^®' * heart brimjull of kvi and admiration (f thee, the which will con- tinue fir ever, being I am thine "and only thine, thou haft been pleajcd to accept of Jo mean ei gift, for which be pleafed to accept of the mcft humble thanks and eternal adoration of thy wjl dutiful and a{fc6ii- matt hujhand. On Monday night, AW Ihurland ,and three men *oming from London nil very drunk, one Simo?t the inft of Them fell into cur gravtl-pit and was drowned, the night being very dark, and it being about the hour cf twelve ; this ctm.es of drunkenjie/s. \fhy dear fifter is to be married »n Shrove- tuejday, and at night to be laid Up07ihcr hack as fat as a pancake, and )io doubt wile give and receive a curious time on'l. Charles is juft come in, and brings me an ac- iount what cppojltion there is agaznft me, made ly miy hrd, the «/quire, and Sir William. Morley •, but finds all that were barliffs, and above thirty are for me : J intend to come do-wn once amoncjt them, and try how far itrvillgo; insxt week J tell the more. God Almighty keep me in thy bl^;} favour, and tt is no matter what le- tomts of this affair. And the faicl attoiney-ger^.ral ol the laid .,j, Court, Jorri the king, for the faid lord the Icing further gives the court here to underftand and to be informed,' that the faid W. M. further to conceal and the fooncr to fulfil, perfe(fl" ar,d brin<>- to effetft his moft wiclced devices and intentions and diabolical purpofcs aforefaid, afterwards to wit, on the fsid 2Cih day of April, in the li^ year, &c. aforefaid, at the faid pari fn of Well- Deane, in the faid county of Suffex, with foice and arms, &c. falfcly, unlawfully, unjurtly, wickedly and diabolically dici maki?, compofe, write and {Jiiblifhj and did caiife to be made, conipofed, written and publilhed, a certain other c<:>riijpt and diabolioal letter, bearing date the faid 26th day of February, the .tenor of which lafi: mentioned letter follov/s to wit^ " Thefe for A'lrs. Dunvtrs, at Mr. Ander fen's hi-ufe in Cimhejter, in Sufjcx, with care and Jpesd, prefcnt, February, 26th D. l'\ Lkr Jear a>^y Uiitf Jheiild ht intercepted, 1 beg of yon every Friday, le phaf:d t» Jf.nda'^y tneytx can truft to the pojt-houje a', it is :'jfi:e.i.'i, aiidichin K k 3 the m- ♦P. 2 In(3icure, and each and every of ihcsn did caiift and procure ,he faid iaJy H. B. from the laid 20th day ot Auguli, in the year ai'orclaid, and continually aftervvardi until the day of the exh.jic'tn . f this inxormation, at the pa- rifh of E. aturefaid, in the co )it^ alorefad, and in divers fecret places there v^ith the faid t'o.d, lord Grey, unlawhdl)', wicked- ly and fcandalouily to live, cohabit and remain, to the great difpleafure of Almighty (jod, to the luin and deltru6tion of the iaid lady H. B. and to the aifliftlon and difcomfort ol her friends, to thf: evil and pernicious cicample, 6i.c. and againft ih« peace, &;c. whereupon, ticc. The trial of this ca/e is in the State Trials, vd. J. fol. 52-. *P. 216. * The Kiag againft Allen, and another. Indiament 7,. -. ") *T^HAT John Allen, late of, &c. and Thomas for ki'Jn..p- ^^^ ' y X Parker, late of, &c. on the loth day of Sep- ping aod tember, in the 11A year of the reign of our lord Charles the caiiying a ^d, by the grace of God, of England, &c. king, &c. with maiden f oicc and arrns, &c. at Lcndon aforefaid, to wit, in the parifli bey*ona fea, of St. Andrew, Holborn, in the ward of Farringdon without iiuoflavery! London nforefaid, in and upon one Grace Luther, fpiniter, the daughter of one Anne Vincent, in th*- peace of God and of the laid loi'd tlie king, then and there b:in^, unlawfully and wickedly did mal-e an alfauli, and her the laid Grace Lu- ther then and, tht-re unlawfully and violently did beat, wound and ill-treat, and the faid G. L. then and there, with force and arms, &.c. againlt the will as well of the faid G. L. as of the faid A. V. her mother aforefaid, unhwfally, violently and •wicktdly did take, kad, carry away and carry ofF, and the faid G. L. againll the will as well of the faid G. L. as the {■<^'A A. V. into foreign parts and parts beyond the feas, called Virginia, then and there unlawfully, violently and for the fake of wicked gain, did lead, carry away, and tranfport, and did cxufe to be led, carried Jiway acd traniported ; and her the faid Iridiciments for Mil'demeanors. faid G. L. there in Virginia aforciaid, in moft iniferablc fiave- ry, continually alterwaids until the talring of this inqnilition, unlawfully, violently, cruelly, and fijr the fake of wicled gain, did keep and detain, and did caufe to be kept and de- tained, to the great damage and final deftrudion of the raid G. L. to the grtat forrow, grief and difconnfort of the faid A. V. the mother of the faid G. L. to the evil and pernicious example of all others ij) the like cafe offending, and againit the peace of the faid lord the now king his crown and dig- nity, &c. The King aga'inji Bayly, and others. Michaehms, 36th Charles II. Roll rp ,. ■) T~*HAT Abrrfham Bayly, of the parifti ofSte- InCormnti n ) A bonheath, oiherwife S'epney, in the county of'."' '^"^"^p- Middlefex, efquire, William Haveland, otherwife Haver- '^,'I'.'^„ j* , ki I- 1 -no rr' \ r \ ■ 11 o vovingman, nd, ot the paruh, &c. yeoman, i. A. oi the parilh, &c. with intent gentleman, and T. Hutchins, of the parifh, &c. yeoman, be to carry ing and each and every of them being perfons greedy of great''''" 'fyond gain, not reearding, and each and every of them not res'ardinG: , '^' ^"'t. ,. ? , o It I u 11 . ^ .. i^ thera to kll by what ways, meihods and means they could acquire gain, |,j^ lucre and profit for themfelves, although to .the damage and injury of others, on the loth day of Auguft, in the j^ih year of the reign of our lord Charles the 2d, the now king of England, &c. with foice and arms, &c. at, dec. one John Winch, the fon of Kichard Winch, into a certain veffcl, com- monly called the Jeffrys, then being in the river Thames, againfl the will of the faid R. V/Inch, and Alice his wife, his parents, and alfo of the friends of the laid * John Winch, ♦p ^ ^ craftily, fubtily, nrilawfully and unjulUy did convey and Jc- ' "^ ' * duce, and did caufe to be conveyed and feduced, and each and every of them then and there did convey and feduce, and did caufe to be conveyed and leduced, wuh intention him the faid J. W. into parto beyond the feas, called Virginia, to convey and tranfport, and in the faid parts beyond the feas, to fell and detain, for the wicked gain and profit of them the faid A. B. W. H. T. A. and T. H. to the great damage and injury of the faid J. W. and alfo of the parents and friends of the faid J. W. to the evil and pernicious example of all others in the like cafe offending, and againft the peace of the faid lord the now king his ciOj^n and dignity, 6cc. whereupon the faid coroner, &e. L i The liidiflments for Mifdemeanors. The King G^amfi Khig, ^S'?" T ' •, TT'HAT Robert King, of the borough of Win- perlon who 3 -*- canton, in the county or bomerkt, yeoman, •«vas_ duly on the 8th day of October, in the 24ih year of the reign ot ^''y''^" '^.'^"■our lord Ciiarics ihe 2d, the now king of England, &c. and ^^^^'^^ lonoj befr^re and always afterv/ards, until the day of the exhi- take the bition ct ih;s intormation, was inhabiting and rcliding within oath of a the hundred of Norton Ferris, in the county of Somerfet. conftable, And that the faid Robert King, on the faid 8th day of 0(flo- ancl to o.e-j^j,,.^ jjj jj,g 24i.h year, &c. aforefaid, in the court-ieet of the «ffice, hundred of Norton Ferris, then held at Wincanton aforefaid, in the county aforefaid, for the hundred aforefaid, v;ithin the hundred, in the county aiorefaid, lawfully and in the due manner was elected into the office of constable for the hundred aforefaid, in the county aforefaid, for one year then next fol- lowing, to do and execute all and iingular the things v.hich' telong to the faid office of conflable ; and that the faid Ro- bert King, afterwards to wit, on the 9th day of December, in the 24lh year, &;c. aforefaid, at the borough of Wincanton aiorefaid, in the faid county of Somerfet had notice thereoty and then and there wa-s required to appear before the Itcward ci the court-Ieet of the hundred of Norton Ferris, at Win- canton aforefaiJ, in the faid county, on the faid 9th day of December, in the 24ih year, &c. aforefaid, to take his oath for the due execution of his office of conltable aforefaid, accord- ing to the duty of his office, neverthelcfs he the faid Robert King not regarding his duty in this behalf, but deviling and intending totally to r.eglecft and omit the due execution of the office of conltable aforefaid, after his due election aforefaid to the office aforefaid, to wit, on the faid 9th day of Decem- ter, in the 24th year, &c. aforefaid, and continually after- wards until the day of the exhibition of this information, although often requefted at Wincanton aforefaid, v/ithin the hundred of Norton Ferris aforefaid, in the county of Somerfet, to take his faid oath for the due execution of the office of confiable alx)refaid, and to execute the faid offxe, his oath aforefaid to take, and his office aforefaid to execute, wilfully, obftinateiy and contemptuonfly, entirely hath refufed and de- iiied, and as yet doth jcfufe and dfeny, agauift the duty of his f»i4 Indictments for Mifdemeanors. faid office, in manifefl contempt of the iaid lord the now l:in^. and oF his laws, to the evil and pernicio.is example of all others in the like cafe offending, and againit the * peace of*P. 2lot the faid lord the now king his ciovvn and dignity, «i'c. where- upon the faid coroner, (Sec. And now to wit, on the Thurfday next after the of^ave of pjei, that St.Hilaty, in this lame term, before the lord the kins; at Wert- the defend- minfter, comes the faid Robert Kin>>, by William Maihews !. isa^t U= .min- II • 1 It i- ■ }'■ r • J- ■ 1 L ^ 1 Inbitant ot attorney, and havinij hrard ine laia intormation, la.ith, cnat ae^ t-orough, doth not apprehend that the faid lord the now king will i'""; and there- peach or trouble liim the faid Kobert, becaufe of the premil-fore is lia- ies in the information afore faid fpeciiied, becaufe prottrllingble to be that the information aforefiid, an 1 ihs matter in the fame f,'^"'"'^"/"''-' 1 1 1 r rr • • ' \ • 1 i 1 .t ' 3lilc for contained, are not good and luiticient m law, to v;hicn ne Intii^^ P^U no neceffity neither is he bound by the law of the land to an-(,^,p„u,i,^ fwer, for plea the faid Robert faith, >hat the boroigh of Win-ar.d thai-,«- canton aforefaid, is an aniient borough, fituate -indjyin'j w;th-fO'e '^ "'f^* in the huntlredpf Norton Ferris aforelaid, within which '^^-^,'^,^^',^5^5, rough there is and from the whole time where(;f the memory ^^jV|!,, ^^^^ of man is not to the contrary, there hath been a courtkct ai;doffice of view ot frankpledge held for the borough aforefaid, at that bo-<.onnable o' rough, before the ilewaid of the Lord of the fiid borough for^'"^ Kv"- the time being, twice in the year, to wit, once wirhin one month after the feaft of Eafter, and again within one month after the feaft of St. Michael the Archangel, of ali the inhabitants and refidents within the faid boroigli, at which court for the faid borough, all the inhabitants and refidents within the faid borough, for the wiiole time aforefaid, have appeared and done their fuit, and have been ufed and a'~cuitonied to appear and do their fuit, and not at the fiid leet of the faid hundred, and that from the whole time aforefaid, two men annually, of the inhabitants and refiilents within the faid borough, at the faid court lert and view of frankpledge of the faid borough, have been elected and appointed, and have been accuitonicd to be defied and appointed, arvi as yet arc and oi right ought to be elefled and appointed for executing the office of conila- ble within the laid borough •, and that by reafon thjjeof the inhabitants and refidents within the faid boiough, lor the faid v/hole time, wh^^reof t'le mei;nory cf man is not to the contra- ry, always have been exempted, acquitted and difchargcd from appealing and doing their fuit at the court-lect of the faid hundred, and from aji eleftion and e:cecutio;j of the ofuce of conftable of the faid hundred. And the faid Robert further faith, that he on the faid Sth day of Oftober, in the 24th year. Sec. afoielaid, was and as yet is a relulont and inhabiiant within ^he faid borough cf Wiiicanton, and always did appear and io his fuit at the f^id court-leet o£ that borijugh, and not at the court-lcet of ihe laid hundicfl. Aul '.h.it the laid Robert L 1 a io Indiflments for Mifdemean-M-s. fo being a refident and inhabitant within the faid borough, ori the faid 8th day of OAober, in the 24th year aforefaid, was elefted in fadl into the office of conftable for the faid hiindred, in the faid court-leet of the faid hundred, but the faid Robert after the faid eleftion to take oath for the due execution of the office of conftable for the faid hundred, ior the caufe aforefaid did refufe and deny, as it was lawtul for him to do, and this the faid Robert is ready to verify, wherefore he prays judg- ment. Sec. &.C. The attorney-general demurs. 7'his cafe Js reported 7, Keble 197, 230, 251, no yudgmeilt : tut the court fcancd zncli?:ed to gi've judgment for the kin^. =*P,2I9. ^ The King againji Caflin, Michaelmas, 29th Charles II, Indiament Somerfet,\ T T ER ETC FORE to wit, on Tuefday to wit, the offencV'^'^ To wit. y O 9th day of January, in the 28th year of the reign of our lord Charles the 2d, by the grace of God of Eng- land, &c. king, &c. at a general feffion of the peace of the lord the king, held for his county of Somerfet, at the city of Wells, in the laid county, before Robert Hunt, efquire, the reverend father in Chrift, Peter Bifliop of Bath and Wells, and others their fellows juftices of the faid lord the king, afligned to preferve the peace in the faid county, and alfo to hear and determine divers felonies, trefpaffes, and other mifdeeds in the faid county perpetrated, by' the oath of 1 2 jurors, good and lawful men of the faid county, impanelled, Uvorn and charged to enquire for the faid lord the king, and for the body of the faid county,. it was prefented, that at the court of the view of frank- pit rige of George Speke, efquire, held for the hundred of Abdick, in the faid county of Somerfet, on Thurfday to wit, the I2ih day of Odlober, within one month of St Mich- ael, in the 2Sth year, &c. afoiefaid, at Ilton in the faid county, within the jurildiifliun of the faid court, before John Chafe, gentleman, then and as yet llevvaid of the faid court, one John Callin of Horton, within the parilh of Ilinifter, in the faid , county, yeoman, being a fit and proper perfon, then and there abiding and inhabiting within the faid hundred, in the 'h notia|.ipiehtud that he ought to be impeaclieu or iioubled be '''ff^ of the premiffes in the ind.'dment aforefaid fpecified, bt iioiefting that the faid md'ALnent and the natter in proteftation thi '^ .om^'Tird are not * fuf^cient in law, to which he hath -p^ ^CiO. no r i^ he bour.d by the law of the land to an- fwer, Kr.d J. C. Aith, ihat the faid parifh of il-piei that miftcr IS a.i 11 L.t n> p-nifli lituate, lying and being within the deftndant hundiCiM ' A did- tlorefaid, W'thin which pariih there is andis an inha- from thi i.m. o hereofthc memory of man is not to the contrrrry,b"^3nt with- there haili bt-en a e jurt-leet and view o! fiank plrdge, held forV"^ '^^ j'l^' the laid panih at the faiti parifh, before {.he lieward of that court mifjer, and for the time being twice in the year, to wit, once within one\uble to b« month of Ealter, and again within one month of St. Michael chofen con. the Arthangel, of all the inhabitants and refif'ents witlrin the^^^'^^^^'^*''*- faid ])arifh; at which court held for the faid , parifh, all the inhabitants and lefidents within the faid paiifh for the whole time aforefaid have appeared and have done their fuit, and have been ufed and accuflomed, and ought to appear and do their fuit, and not ai the laid court oi" the view of frank-pledge of the hundred aforciaid, and that fr-jm the whole time aforclaid, two men of the inhabitants and residents with the faid parifh at the faid court of view of liank- pledge, held for the iaid parifh annually have been eleiffed and chofen, and as yet are, and ought of right to be eUe^ed ansl cholen for executing the ofhce of conftable within the faid parilh, and that according to the cuftom uled and approved of wiihin the laid hnndrscl for the whole time atoreiaid, to wit, at Ilmifter aforclaid, tht inhabi- tants and refidents v;ithin the faid parifli, always have been ufed and accuflomed, and ought to be acquitted and exonerated Irom Iiidi^ltnents for Mlfdemeanor*. from all eleftion and execution of the office of conflalile for the hundred aforefaid. And the faid J, C. further faith, that he on the faid 12th day of Oftober, in the 28th year, &c. aforefaid, was and as yet is feized of one tenement within the parifli aforesaid, and on the faid 12th day of Odtober, and long before was and yet is a rclident and inhabitant within the parifh of Ilmifter aforefaid, &c. And on the faid I2th day of 0(5lo- ber, in the 28th year, &c. aforefaid, and long before was, and yet is liable to be charged with and chofen into the office of conftable for the faid parifh, in the faid court of view of frank- pledge for the faid pariih, and this the faid J. C- is ready to verify, &c. Wherefore he prays judgment, 6cc. with th's that the faid J. C. will verify that within the hundred afore- iaid, and without the faid parifh of Ilmifter aforefaid, on the faid 1 2th day of Oftober, in the 28th year. Sec. aforefaid, there were and yet are refiding and inhabiting divers fit and proper perfons to execute the office of conftable of the faid hundred who never executed the faid office, to wit, Ambrofe Hare of C. within the hundred aforefaid, and Thomas Yard of S. with- in the hundred aforefaid. ^P. Z2I. * The King a^ainjl Bettefworth. Michaelmas, 30th Charles IL fof SE ^"''^^>'' TPHAT at the general quarter feffions of the peaef tB execute To wit. X of the faid lord the king, held in and for the the oSce ofcounty aforefaid, at Guilford in the faid county, to wit, on high con- the 1 1th day of July, in the 28th year, &c. before A. O. efq. ftable in a A. B. bart. and others their fellows juftices of the faid lord hundred, ^j^^ king, affigned to preferve the peace in the faid county, and alfo to hear and determine divers felonies, trefpaffes, and other roifdeeds, committed and perpetrated in the faid county ; one W. B. late of, occ. yeoman, then and long before being an in- habitant and refident within the parifh aforefaid, in the hundred afoiefaid, in the county aforefaid, and a fit and proper man to execute the office of high conftable within the hundred aforefaid, in the due manner was elected to be one of the high conftables of the hundred aforefaid, in the room of one J. 13. whereof the faid W. B. afterwards to wit, on the 20th day of July, in the 28th year, &c. aforefaid, and at divers other days and times afterwards at T. aforefaid, in the county afore- faid, had lawful notice, neverthelefs the faid W. B. not regard- ing his duty In this behalf, but deviling and intending as much as in him lay, totally to obllruil and hinder the due execution •f Indi£lments for Mifdemeanors. ef juftlce, from the faid 20th day of July, in the 28ih year iforefaid, to the day of the talcing of this Inqtiifition, at the parlfh aforefaid, in the county aforefaid, wilfully, obltinatcly and contempt uoufly entirely hath refuffd to take upon hinifclf and to execute the faid ofSce of high conftable aforclaid, againft his duty aforefaid, to the manifeft contempt and ob- ilru<9:ion of juftice, to the evil example of all others in the like cafe offending, and againft the peace of the faid lord the^^^i^^ now king, his crown and dignity, &.C. Whereupon the fliciiffawa.ddf. of the faid county was commanded by the faid court firft above mentioned, that he do not omit, &;c. but that he caulc the faid W. B. to come, fo that he be before the juftices of the faid lord the king, alligried to preferve the peace in the laid county, and alfo to hear and determine divers felonies, &c. at the next ge- neral quarter feffions of the peace of the faid lord the kin^, to be held for the faid county- And afterwards to wii, at the next general quarter feffion of the peace of the faid lord the king, held for the faid county, at G. in the iiiid county, on Tucfday, in one week nent after, &;c. to wit. on the lOtli day of July, in the 29th year, &c. before R. H. efquire, A. G. «fquire, and others, their fellows jufiices of the faid lord the king, afligned to preferve the peace in the faid county, and alfo to hear and determine divers felonies, Sec- comcs the theriff of the faid county, and returns his writ, to wit, that the faid W. B. hvid nothing in his bailiwick by which he could be attached, whereupon the iheriff of the faid county is commanded by the . _ court here that he do not omit, &c. but' that he fhould take the .^.^'^gj faid W. B. if, &c. and him fafely fhould keep fo that he fliouid have his body before the juUices of the faid lord the Iving, afligned to preferve the peace of the faid lord the king, vviihin the faid county, and alio to hear and determine divers ielonfes, Sec. at the next general quarter feffion of the peace of the faid lord the king, to be held foi- the * faid couRty. Whereupon *P222» afterwards to wit, at the general quarter feffion of the peace ci the faid lord the kins:, held fo: the county afoicfaid, at G. in the iaid county, _ r the day, &c. to wit, on the 2d day of Oftober, lii the ^9lh year, &c before A. B. baront't, &c. and others their fellows juftices of the faid lord the king, affigned to preferve the peace in the faid county, and al fo to hear and determine divers felonies, 6ic. comes the faid W. B. and hav- Not sudty, ing heard the indidment aforefaid, faith, that he is not guilty theieof, and of this put? himfelf upon the country, and E. S. gentleman, clerk of the peace of the county aforefaid, who tor the faid lord the king in this behalf profecuteth, doth the like, &c. Therefore the fheriff is commanded by the faid court Venire, that he do not omit, &c but that he caufe to come before the juftices of the faid lord the king, affigned to preferve the peace of the faid lord the king in the laid county, and alfo to hear ^fid 4eUrmioe divers felonies, ^i, ai the ne^t genctal quarter lefiiocs Indidments for Mifdenieanors. ieftions of the peace to be held for the faid county, twelve good and lawful men of tlie neighbourhood of the parilh of T. In Hhe county aforefaid, by whom, &:c. and who neither, &c. to recog- Tiize, &c. becaufe as well, &c. The fame day is given as well to the faid E. S. who jirofecutes as to the faid W. B. &c. And afterwards to wit, at the general quarter feffion of the peace of the faid lord the king held for the county aforefaid, at G. in the faid county, on , &c. to wit, on the 15th day of January, in the 29th year, &c. aforefaid, before S. H. efquire, R. K. knight, and others their fellows juitices of the faid lord the king, alfigned to preferve the peace in the faid county, and alfo to hear and determine divers felonies, &c. come as well the faid E. S. who for the lord the king in this behalf profe- Kon mifit cutes, as the faid W. B. in their proper perfons, and the ihe- rilf hath not thereupon fent the writ, therefore as before the fheriif of the county aforefaid, is commanded by the court here that he do not omit, &c. but that he caufe to come before the jiiftices of the faid lord the king, affigned to preferve the peace of the faid lord the king, in the faid county, and alfo to hear and determine divers felonies, &c. at the next general quarter feflion of the peace of the faid lord the king, to be held for the faid county, twelve good and lawful men of the parifti of T. aforefaid, in the county albrefaid, by whom, &,c. and who neither, &;c. to recognize, (Sec becaufe as well, &c. The iame day is given as well to the faid E. S. who profcciites as to the faid W. B. And afterwards to wit, at the next j^entral quarter feflion of the peace of the faid lord the king held l^or the county aforefaid, at R. in the faid county, on the day to wit, on the 9th day, &g. of April, in the 30th year of the reign, &c. bttoie E. T. knight, one of the barons of the Ex- chequer, of the faid lo'-d the king, A. B. baronet, and others their fellows juftices of the faid lord the king, afligned to pre- frrve the peace of the faid lord the king, the in county atbie- faid, and alfo to hear and determine divers felonies, &c. come as well the faid E S. who prof-Cutes, &c. as the faid W. B. in their proper perfons ; and the jurors of the faid jury by the faid fiieriff for this purpofe impanelled and returned, to wit, R. R. J. H. &c. being called, come, who being e|efted, tried and fworn to fpeak the truth of and concerning the premiffes 'P**^[^'j^^' aforefaid, fay upon their oath, ''that the manor of IF. in the the defend-" county of Surrey, is of the ancient demc/ne of the cr'izun of *P l'^"' " -^"^.?'^^»'^» and that the parijh of T. in the indiBment aforelaid ant 'is a"^ *" ^^^^tioned, is within the faid manor of W. and that the faid manor' freeSokler " ^f ^^ « within the hundred of G. and the jurors further * /ay of tlie ma-" upon their oath, that the faid IV. B. at the faid (general quarter nor of W. '" Jefjion of the peace of the /aid lord the king, held for the co"nty within the « gy Surrey afore/aid, at G. in the /'aul county of Surrey, on the i,"i",;"f ,' " day, &c. to zvit, on the nth day of Julv, in the I'ith year, '^c. cient de- Bejr^n A. 0- ffiwre^ A, B, hrof!(t, and Qthers thir fellows mefne, and " jujiicsi Indiflnicnts for Mlfdemeanois. ,». J'jjlices of the fa'd hvcj the king, affi'vned to prefcyue the peace r«wheth?r the fa:d county, &>. a'Jh to hear and determine drj.rs fchmcs, fr^Juch in the due manner 'uj.i% eU8:d t-j he one of the hig'i c}n/t'.ible:j QyTcnants are tkt hundred of G. a fore fa'td, as. in the (aid indi6iment ix ahove ?»^/;- ''!'''" ^" l'^'^ tioned. J nd the fur.rx afore/aid, upon their oath aforefaiJ, furfher\^\^\y f.^^- Jay, that the faii iV. B. before and at the time of h'rmation_, ; gainit a -^ ' landlord, Indidments for Mifdemeanois. Mary, and whereas alfo within tlie manor and parifli ofOtterye caufclers aforefaid, there are yery many ilibjedls of ihe laid lord the'?" ^T^^^T jiow Icing, who hold their Ian(ls and tenements within the manor ,,,j^,[j-g5 ^pj aforefaid, of the lord of the faid manor to ihem and to their vex-itiaus heirs for ever, as well in free locage as by copy of the cotirtruic. roll of the faid manor, accortling to the cultom of the faid ma- nor, and alio other fubjorts of the laid lord the Icing, within the faid manor and p.'.rilh of Ottcrye inhabiting, the laid W. L. being a perfon of evil, malicious anl turbulent mind and dil- pofition, and malicioully, wickedly and unjuilly devlfing and intending not only the tenants of the laid manor, and the other fnbjc(fts of the faid lord the king there inhabiting, greatly to harrafs, difquiet and op])iefs, but alfo the laid tenants and the faid other fubjtcils of the faid lord the hing, there inlia biting in their poffeffions, malici'^ully to di'tmb and difquiet, and from their tenements aiorelaid, nnlawiully to expel and amove, and divers fums ot money Iroin the laid tenants, and from the iaid other '^ fobjecfls of the faid loid the king unlawfully and.^p 99-. imjultiy to CKtorr, on the 23d day of Odliober, in the 19th •-'*'^' year of the reign of our lord Charles the 2d, iScc. aiid at divers other days and times as well l^efore as after, at O. in the faid county of Devon, the laid tenants and the other fubjecTts of the faid lord t-he king there inhabiting, by excelfive and unlawful diftrelTes, and driving away of their cattle, unlawfully and in- jurioufly did harrafs, difquiet, opprcfs and persecute, and did procure to be harraffed, dilquieted, opprelfed and pcrfecuted, and divers fums of money from the faid tenants, and the other fubjecfts of the faid lord the king there inhabiting did exact and extort, and divers other caufelels a(fl:ions and fuits againft the faid tenants, and divers other fubjedts of the f^id lord the king, unlawfully, malicioufly and injurioufly did flir up, move and procure. And alfo that the laid W. L. then and there was and yet is a common difturber of the peace of the faid lord the now king, and a comm^m oppreflor of the laid tenants and of his neighbours, and a fower and procurer of Rrife and difcord among his neighbours, to the great damage, iofs, grievance and dillurbance of the tenants and lubjetfls aforefaid, to the abufe and great contempt of the laws of this kingdom of England, to the evil and pernicious example of ail others in the like cafe offending, and againlt the peace of the faid lord the now king,> his crown and dignity, -whereupon the faid, &c. &:c. "Die defendant was fomul guilty; and il xv as fever al times m^.ved in arreji of yudgjnent, xuhether an information lay or nrj, and at length the court adjiidged tliat no i?iflr}nal'on lay, but the remedy is by action on the ftatute of Marlhidge. It is reported in 1 Mod. 71, 288. I Ventris 97, 104. Raymond 193^ 205. I Lev. 209. « Keblc 6?,7, Cgj. M mi The Iiididniciits for Mirjciiicanois. The I>ing agalnft DD}'le3^ Trinity, 30th Chailcs IL Infortnstlon r^ ; '"T^H A T Thoma:. Doyley, late of the parifh of St, lor bliHrphc- -'•" ^^'^> J. Pettr, in the coiiniy oF Mlcldlelv-x, gentltman, "'y* not h-ivio'T ihe i<.'"i" oi' God ii; his heart, but being moved and fcduced by the iivftigation of the devil, and dfvifing and in- tending to dei'iirne and vilify the true and chriltian relioitjn; re- ceived and pubndy piolclled in this hingdoim cf Ent^land, and toblalpheme God and our Loid Jcfus Cbrift, the faviour of the world., and the Holy G-hoit, on the lit day of February, in the 27ih year, &c. at the parilh aforefaid, in the county afortfaid, having and holding in his hands a certain cup of wine* unlawfully, moil; wickedly and in a blafphemous manner, in the prefence and hearing of divers liege fubjcfts of the iaid lord the king, worthy of belief, did fay, pronounce, and with a loud voice did publilb thefe profane and blafphemous Englilh words following to wit, " Here's a health ii Father^ Son and " Holy Ghoji," (.neaning Almighty God, Jefus Chrift, the fa- viour of the woild, and the Holy Ghoii) and immediately #p n/75^thefeupon, then and there did drink up the faid * v/ine, out '^ ' of the faid cup, to the great diihonour oi Almighty God, in f reat contempt and difhonour of the Holy Trinity, to the great fcandal oi the profefdon of the tiue ehriilian religion, to the evil and pernicious example of all others in the like cafe of- fending, and againfi; the peace of the faid lord the now king, his crown and dignity, ike. wheieivpon, &c. &c. The King againft Taylor. ihiichaelmasy 27tb Charles 2d. information T„ „.;. HT^Hx^T John Taylor, late of the parifii of St. lortheliue. ' X Clement Danes, in the county ol Middlefex, yeoman, not having the iear of God in his heart, but being. moved and ieduced by the inltigation of the devil, and deviiing and intending to dtfame"and;vilily the true and ehriilian religion, received at;d prolellcd in this kingdom of England, and alio to biafpheme Gcd and our Lord Jefus Chriit, the Javiour of the ' IndiiSlments for Mifdemeanors. the world, on the 7.6i\\ day of April, in the 27ih year, &c> in the parilh of the Holy Trinity, in the town of Guilford, in.the county of Surrey, then being of found meinoiy, thefe faife, blafphemous and molt wicked En^lilh words ot ancl con- '-erning the chriftian religion, and our Lord Jeius Chrifl, in the prefence and hearing of divers liege fubjed>s of the faid lord the king worthy of belief, falfely, malicioiilly, advil.'dly, wickedly, and in a blafphemous manner, did fay, pronounce, and with a loud voice did publifti to v;it, " Chrji (meaning our Lord Jefus Chrift, the only begotten fon of Almighty God) 75 a vAore-mafier, and religion (meaning the chriitian religion) is a cheat, and profeffton (meaning the profeffion of the chriitian religion) is a ckak, and ihey. (meaning the laid chriitian religion, and the profeffion of the faid religion) are bolh cheats, and all the earth is mine, (meaning his the faid J. T) and 1 am a kind's fon, my father fent me (meaning him the faid J.T.) hither, and made' mc (again meaning the faid J. T-) afJJt'srmun to take vi/ers, «W /(meaning hlmfelt the faid J. T.) neillur fear God, deviU Tior man, and T (meaning himfclf the faid J- T.) am a y^un^tr hreiher to Chrift, (meaning our Lord Jefus Chrift) an angel of God (meaning an angel of tlie Almighty God) and no manfcan God but an hypocrite, Chrift (meaning our Lord Jefus Chrift) is a. haftard, God damn tend confound all your gods, Chrift (meaning our Lord Jefus Chrift) w the -whore's (meaning the bleifed virgin Mary, mother of our Lord Jefus Chrill) mafter," to the great dilhonour of Almighty God, to the great contempt and dil- honour of our Lord Jefus Chrift, to the great fcandal of the profeffion of the true chriftian religion, to the , that writing was not the N n cieeJ Indl(flments for Mifdemcanors. d^ed of ilie mayor and free turgtfles of the borough of Saltafh aforefaid) falfely, fuhtily and fraudulently, againft his oath aforefaid, did feal, publifh and procure to be enrolled in the manner and form aforefaid, without the affent or confent, and againlt the will of the mayor and free hurgc/Tes of the borough of S. aforefaid, to the deception, deceit and contempt of the iaid lord the now hing, and iA' his laws, to the great damage of the mayor and free burgefles uf the borough of S. atorefaid, to the great dillurbance of the f anquillity of the faid bo- rough, to »he evil and pernicious txample of all ethers in the lilce cafe offending, and agair.ft the peace of the faid lord the now king, his crown and dignity, &c- The King againjl Atkins, and others. J-Iilary, 33d and 34th of Charles the 2d. Roll. 90 Indiflmcnt City ef Brijisl, JTJE it remembered that at the general quar- againft a to wii. i^ ter feffion of the peace of the lord the receiver l^jng, held in and for the county of the city of Biiftol afore- *M ^^I^^fi'a'd, in the Guild-Hail of the faid city on Tuefday to wit the Brif^ol f)r4fh(layoi October, in the 33a year oi the reign 01 our lord meeting and Charles the lecond by the grace of God of England, &c. chufing an king, &c. before T. Earl, mayor of the city of Brilloi afore- alcfermanofj-jjj^^ R. Cam, knight and baronet, and others their fellows al- tlie room 'of'^^^'^^" of the faid city, jultites of the faid lord the king, af- one deceaf- figncd to preferve the peace within the county of the city a- ed, and f orefaid, and alfo to hear and determine divers felonies, tref- tliib with- paffes and Other mifdecds, in the f;;id county perpetrated, &c. out any i^^ ^],p ^^^1^ ^^ j jyj ^ -q ^^j fifteen others good and lawful the^maTor ^^^ ^^ *^^ county of the city aforefaid, then and there fv/orn of Briftoj. and charged to enquire for the faid lord the king and for the *P. 2,'^ I J^'^'Jy ^^ tl^c county of the city aforefaid, it is * prefented that the bill annexed to this ichedule is true ; the anfwer of Tho- mas Earl, knight, mayor of the city of Briftol, E.. Cam, knight and baronet, and others their fellows aldermen of the faid city, keepers of the peace and jiillires, &.c. City of Briftol to wit, the jurors for our lord the king upon their oath fay and prefent, that the lord Henry the 7th, of his name, here- tofore king of England, on the 17th day of September, in the 15th year of his reign, by his letters patent, under his great fcai of England, bearing date at Knoll, the faid day and year, Indi61ments for Mifdemeanois. year, granted to the then mayor and citizens of the town of Briftol (ihe faid city ol' i>riltol then being a town) a\id to their luccefTors, among other things, that if any of the laid community iTioiild be procurers, abettors or niainiainers, to make debate and diJcoid upon the clcdllon ot jnayor or his other officer whatfoever, of his laid tuwn ot Bii^Lol the fu- burbs and precincts of the fame, immediately by the mayor and'lwo aldermen of ihe faid town for the time being, by tlic mayor of the faiJ tov.n ior the time being, to be nominated ;and affigned, they IlKiuld be i)iinilhed in the due manner ac- cording to the quantity and quality of thtir crime, according to the law and cuftom of his kingdom oi' England as by the exemplification of the faid letters patent of the lord the king, under his great feal, to the jurors aforefaid now Ihewn in evi- dence more fully appeaiS. And that accoicliag to the privi- leges by the larly Eii/:ubeth, late queen of England, by her let- ters patent under her great feal oi England, dated at WeR- minlter, on the aSth day of June, in the 23d year of her reign, after the time in which the faid late town of Briftoi, was lawfully created and ertded into a citv, to the mayor and communiiy of the faid city a}id their fucccITors granted.a? by the exemplification of the letters patent lail mentioned under the great feal of the faid lady the queen, now in like manner lhev;n in evidence to the faid jury more fully appears •, there have bteu or ought to have been frpni the time of the making of the faid ietteis patent of the faid lady Elizabeth, and there are or ought to be twelve aldermen of the faid city, of whom the re- corder of tlie faid city for the timebeing.hath been and ought to have been and now is one. And according to the faid privileges fo as aforefaid gi anted, for the whole time aforefaid, alter the death of any fuch alderman the mayor and remaining furviving aldermen of the faid city for the time being, and the m:iior pari; of them affembled at the fummons of the faid mayor, have clewed and have been accultomed to eleft one other perfon of the prudent citizens of the faid city, into an alderman of the faid city in the place of the alderman fo dying as atoreJaid. And by the faid privileges fo granted, the faid mayor and al- dermen of the faid city for the time being, being thereto law- fully eieiled, and f'Aorn to execute their fcveral oifices, for the whole time aforffair), have brefc) ve the peac-e in the city of Bril- tol aforefaid, and alio to hear and dcternfme divers felonies, trefpaffes and other mifdeeds there pcrpet\ated as long as they reipeftivelj remained in their offices afoiefaid, and that continually alter the time of the making of the faid letters patent of the faid lady Elizal)eth, the recorder and the other al- dermen of the faid city for the time being, have been and ought to be of the privy council of the mayor of the faid city for JS' n 2 the Indictments for Mifdemeanors. ^'P.2'' 2.^*''^ * ^'"^^ ^^'"?^ '" P'""^^'^"^^'^^^^^ concerning the ^ood ftate and goveininent ot the faid city, whenfoever fijch mayor would fainmon them, and fuch pi ivy council for the whole time aforelaid^ hath not been accullomcd nor ought not to be fum- moned, nor ought to tranfaft any bufinefs pertaining to that council, unlefs by the lummons and in the prefence of fuch mayor. And that after the death of one John Lloyd, knight, deceafed, being at the time of his death, one of the aldermen ' of the fald city, one Robert Atkins, late of the faid city, , linight of the bath, then and as yet recorder of the faid city, John Knight, late of the faid city, knight, John Lawford, l:!te of the faid city, efquire, and Jofeph Crefwick, late of the faid city, efquire, all then being aldermen of the faid city, and who all then were free burgelTes of the faid city, to maintain fadlions in the faid city, and to make debate and difcord upon the election of an alderman of the faid city, and officer of the king, thtie in the place of the faid alder- man, fo as aforefaid deceafed, on the 8lh day of March, in the 33d year of the reign of the faid lord the now king, un- duly, anjuftly, wickedly and without the example of former times, at Briftol aforefaid, to wit, at the parifli and ward of St. Adonai, within the city aforefaid, in the county of the faid city, among themfelves altogether, and mutually did con- ipire to hold a privy council of the aldermen of the faid city, and in the laid council to ele6l and create one of the citizens of the faid city, into an alderman of the faid city, in the place of the laid I. L. alderman, deceafed, without the fum- mons and in the abfence and againft the will of Richard Hart, knight, then being mayor of the faid ciiy, and to fulfil and perledt their unjult and wicked confpiracy aforefaid, they the laid R. A. I. K. I. L. and I. C. afterwards to wit, on the faid day and year laft mentioned, into the common houfe and place of audience of the mayor and community of the faid city, commonly called the Tolfey, and into the council chamber of the mayor and community of the faid city, commonly called the council houle, parcel of the houfe aforefaitl, lituate in the parilh and vi-aid aforefaid, with force and arms, &c. did enter, and then and there riotoully and routoullj' did alTemble themfelves to execute their faid evil purpofcs, and afterwards to wit, on the faid day and year and place lalt aforefaid men- tioned, they the faid R. A. I. K. I. L. and I. C. together with other aidcimen of the faid city, not knowing the faid purpo- fcs of the faid confpirators, in fad, wi:iully, feloniouilv, and as a felon, of hiiniilf then and there did kill and murder hi-nfelf, againit the peace of the lord the king his crown and dignity. And that thereupon afterwards to wit, on the faid 2 lit day of March, in the 32nd year of the reign of our faid lord Charles the 2od, late king, occ aforefaid, at E aforefaid, in the faid county, one Hugh IJrockford, J. L. the elder, J. L. the younger, J. F. &c. as the manner and cuftom is, upon the viev>; of the body of the faid J. P. were fworn, and charged before the faid J. C. one of the coroners of the faid lord the late king in and for the county aforefaid, then and there being, to enquire of the death of the faid J. P. then and there ]y:ng dead, and that the faid J. C. oil the faid 2iil day of Maicb, in the 32nd O o year Indi6lmcnts for Mifdemeanors. year aforefaicl, at E aiorcfalcl, in the fald county, not re^aiding the duty of his office of one of the coroners of the faid lord the 'late king, but devifiiig, and fraudulently intend- ing to fiifie and conceal the truth of the prcmifTes, and to obltruft, prevent and hinder as much as in him lay the due ^V.2o1'^'^^^'^^.^^ * law, and to conceal the laid felony and murder, and with the intention that the faid lord the late king might totally lofe the whole profits and advantages, which he ought to have in fuch cafe, and alfo to deprive, deceive and defiaud the laid lord the late king, of the goods and chattels, which were the faid J. P's. at the time of his death, he the faid J- C, then and there falily, unlawfully and unjuflly, and againft the duty of his ofSce, did fay and affert to the faid jury then and there impanelled fworn and charged to enquire of the death of the faid J. P. " ika( the Jaid J. P at the time that " lie fievj himjelf was mad^ a77d not »f found undcrfianding." And thereupon the faid J. C. then and there falfly, unlawfully, unduly and unjufi'iy hy deceitful and fubtil ways and means, and falle allegations, perlualions and pra(rtlfes by him the faid J. C. on the jurors aforefaid ufed and praflifed, then. and there falfly, unlawfully, unduly and unjuflly, and againft the c\v\ty of his office in the premliTes, for bribes by him the faid J. C.^ then and there in that behalf had and received, and againfl; the full and manifcft evidence to the jurors afore- laid, then and there given, did caufe and procure upon the inquifition, in that behalf taken, by the oath of the faid jurors, before him the faid J. C. then being one of the coroners of the faid lord the late king, for the faid county, that it lliould be found " Thai the fatd John. Pearfc, at E '' a-forefaid, in a barn belojiging to the hsit/e of the faid J. P. about " the hour cf ten before ynid day, being alone^ then and there nat " being of fund under I landing, zuith one rope of the value " '^f fi'^'-^ pence, zuhicii he then and there in his hands had " and held {one end about Ms czun neck, then and there did put, " and the other end about a certain beam] himfelf -with the " faid rope then did han^ and fuffocate, and fo the faii J. P. " n-J being of found mind, came to his death." Whereas in truth and in fa61: the faid J. P. wilfully and fclonioufly him- felf did kill and murder, and was of found mind at the time that he perpetrated the felony and murder aforefaid, by lea- fon of which premilfes, the faid lord the late king hath totally loit the entire advantages and profits which he ought to have had in fuch cafe ; and the faid coroner and attorney of the faid lord the now king further gives the court here to underftand and to be informed, that the faid John Crofs, on the laid 21 ft day of March, in the 32d year of the reign of the lord Charles the 2d, the late king, &c. being as aforefaid one of the coroners of the faid lord the late king, for the county aforefaid, with force and arms, ndon of the fame, filhcrman, _ Richard Rowe of S. a!'orcfaid, in the county aforeiai(i, filherman, Dionylius Ignat(/r, of P. in the county aiorefiid, fifherman, and others, not ignorant of the premiffes, but knowing them well, and being malicious and evil difpc'ft'd pcrlons, and feeking their living alihough by the injury of others, and mnlicioully, unjulUy, unlavv'fully and unduly contriving, devifing and intending to ruin, defcroy and defpoil the oyflcrr, and the incrcafe, pro()agatiun and multiplication of oy{tcr<;, and alfq the fpats of oyllers, from time to time growing, renewing and rncreaung in the rivers or waters of the f:a aforefaid, and to depjive, fnrf- trate and hinder the fubjeOls ot" the faid lord the king iheie coming and willing to fifh for the piofit, advantage and benefit of fifliing lor and catching oyfters, which they there at feafonable times have been life I and aceuAomed to have and enjoy, and ^ought to ufe have artd enjoy, ihey , the faid J. L- the younger, and other?, on the i it day of December, in the 2d year of the reign of our lord J.imes the 2d, the ROW king of England, &c. and at divers other days an.i times f' p Letv\xta Iiidiclments for Mifdemeanors. between the faid ift day of December, in the 2d year afore- faid, and the day of the exhibition of this information, to V'it, the lit day 01" May, in the 4th year, &c. aforefiid, in and upon the rivers or waters of the fea, aforefaid, to wit, at WeRmearfy, in the county aforefaid, in and with feveral boat?, wherries, and other veffels did row and fail, and each and every of them did row and fail, and in fuither pro- Jectition of their malicious and unlawlul intentions afortlaid, and for their fole and private gain, and proper advantage^ ttiea and there in the rivers or waters aforefaid, at unfeafon- ab!e times, with force and arms, unlawfaiiy, unjuftly, un- duly, injurloully and for the fake of wicked gain, with certain unlawhil trammels, drag-nets, fweep-ntts, engines and iii/lrumen;?, did dredge and fifh for oyfters, and feveral great quantities of very fmall oyfters, of the length and breadth of only one inch, then and there found and propa- gated, to wit, 40,000 bulhels of very fmall oyfters aforefaid, and great quantities of fpats of oyfters, and culcK for the prefervation and fctting of the fpats of oyfters, there, to wit, 4o,»oo buflieis of the fpats of oyfters, and 40,000 buibels of culch for the prefervation and fetting of the fpats cf oyfters, in the rivers or waters aforefaid, then and there being and found, with force and arms, &c. unlawfully, un- juftly, unduly and injurioufly, at unfeafonable times, in and from the rivers or waters aforefaid, then with the faid un- lawlul trammels, diag-neis, fweep-nets, engines and inftru- nients, did dredgr, take, ruin, deftroy and carry away, and to their owri proper uft did convert and difpofe, and each and every of them did dredge, take, ruin, deftroy and carry away, to the great deftrudion, ruin and fpoliation of the j^^j ^ ^ oyfters, and the ipats of o/fters, in the rivers or * waters afore- i»^4'r'iaid, growing, incrcaftng and coming, and to the hindrance of the increafe, propagation and multiplication of oyfterc, tliere, to the evil example, &c. and againft the peace, &c, V'heieupon the faid attorney, &c. &c. Act gmlty phadcJ, and 'venire Juc:as azvarded^ The King agahiji Glover. Eajler, id James 2d. Surrey, * I ''HAT whereas on the 8th day of July, In the Inform?.tJonTo wit. J- i ft year of the reign of our lord James the 2nd rtiai'H'Iuf ^y}^^ g'"^'^^ ^^ ^°^' ^^ England, &c. king, &c. a certain the'kini;"s ^^''^'- <^'f t^i<^ ^^i'^ lord the king of habeas corpus, out of the Bench,7-jr court 9f the f^id loidl the king before the king himfelf, at ("Hiferin; a Weilminftcr, Indictments for Mlfderacanors. Weftminfter, in the county of Middlefex, to the then flicrifFprironcr of the county of Middlcl'ex aroieiaicl diredied, duly and law- '""/lxI over hich writ the Iheriff of the comity pfy/^J;.";^";;^"" Middlffcx aforefaid \v:u conunaudfd, that he the faid iherifFp,,^' f,y ^ dy of one Zuchcus Green, in the priri^njii.jjre, ed en liilly iffued, hv which writ the iheriff of the connty ofV; ," Middkicx aroreiaicf fhould have the boc of the faid loid the king, under the cuftcdy of the faid Ihe- didi:irr,ei riiT (leiaincd, under fate and fecure coiidu(fl:, together \v i t h ^"^^^^ '''^' the day and caule of the caption and detention of the faid ;'' ' '* Zacheus, bctorc trancis VYuhins, knight, one ot the juIliceSyf i^j^ of the laid lovd the king, ajligntd to hold pleas before thccuftydy. king hinifelf, at his chamber lituate in Serjeants-inn, Fleet ilreet, London, immediately after the receipt of the faid writ, to do and rrceive ail and fingiilar the ihini^f, which the faid Francis Withins, knight, then and there concernin!>; liim fliould confidcr in that behalf, '.vhich writ afterwards to wit, on the 2 J It day of November, in the ift year afore- said, at Welunifu'ter aforefaid, in the faid county of Mid- diefex, was dflivered to Beiijamin Thorowgpcd, knight, and Thomas Kinfey, knight, then being faeriff of the county of Middlefec afortfaid, in the form of \?,\v to be executed, upon which writ the iaid B. T. and T. K. then l)cing Iheriif of the county of Mlddlefex afciefaid, afterwards to wit, on the faid 2iil day of November, in the lit year, &c. aforefaid, returned and certified to the faid Francis Withins, knight, then being one of the judices of the faid lord the king, affigned to hold pleas before the king himlelf, at his chamber fuiiate in Serjeants-inn, Fleet ftreet, London afore- faid, " That hef:>re the delivery oj ike /aid writ nf the lord tli« " king of habeas corpus to the faid Jheriff directed, to tvit, on " ths iji day of Oiider, in the \ii year rf the reign of the faid " lord the 7iow king, thejaid Zauieus Green, in the faid xirit " named, was taken by the /aid Jher'-ff and in the pri/on of tht " faid lord the iiczu king under the cvf.dy 'f the faid ferif is " detained, hy -virttii oj a certain ivrit f the faid hrd the king " of capias utCagatiim, at the J nit cf one, Humphrty j-iunevs, " e/quire, rf a pUa of irsfpa/s upon the ca'.e, returnable into the '"'■ court of thejai I hrd the king of the bench, at Wefmif.er, at " the oclave of St. Martin, from thence next enfuing^ before the '■'■ fftices of the faid court of ihe J aid krd the king f /ke bench " ajorefuid. " And alfo the faid faeriiF of the county of Middiefex aforefiitl, then and there to the faid Fiancis VVith- jns, knigiit, then being one of the juib'ces of the faid lord the ^ kiiig, aifigned to hdd pleas before the king hlmfelf,,,p^ 2 < <. farther returned and certified '■'■ that the faid Zacheus zi'a.; taken, " hy hi7n the faid fen f of ihe ciunty of IViiddifex nfrfaid, . " and in tr.e prifon of the faid Irrd the king under the cujijy of ' ■ " the fa-dfnrijf is cUtained, by virtue of a certain precept of the '■\faid hri the king, called a bill of M:dJlcfcK, nturnabkhefori "'' the faid Lrd the king ut Wfiniinfur, on the Thurjdjy lycKt ajtcr> i' p 2 ''• Ihf Indi(ftnients for Mifdemeanors. '■'' ilie oSiave of St. Martin, to anjzuer to one John Green, Gentle' *' mcin, one of the att^.rneys, &c. of a plea of trefpa/s upon the " cafe. And that theje -were the caufes of the captitn and detention *'' of the faid Zachew;, in the prifon afhrefaid, under the cu/iody of '■'' the fuid Jheri f of the county of Middle f ex aforefaid, and that " the /aidjheriff had the body of the faid Zacheus ready, lefore the ^^ faid Francis ^f-lthins, knight, tne of the fiifi ices of the /'aid lord ''''the king, ojfigned to hold pleas before the king himfelf accord- *' ing to the ten.r of the /aid vjrit of habeas corpus." And the faid coroner and attorney of the faid lord the king, for the faid lord the king further gives the court here to underltand and to be in- formed, that the faid F. W. kt. then being as aiorefaid one of the juftices of the faid lord the king, affigned to hold pleas before the king himfell, afterwards to wit, on the faid 21ft day of November, in the ill year aforefaid, at Serjeants-inn aforefaid, in Fleet Ilreet, London aforefaid, committed the faid Zacheus to the cultody of Henry Glover, of the parifh, &c. marfhal of the marfhalfea of the lord the king, before the king himfelf, for default of mainpernors, chaiged with ihc faid writ of the faid lord the king of capias utlagatum, at the fuit of the faid Humphrey Jennens, and alfo with the faid precept of the faid lord the king, called a bill of Middlefex, at the fuit of the faid John Green, as is afore- faid, as by the return of the faid Iberiff upon the faid writ of the faid lord the king of habeas corpus, Iffuing out of the court of the faid lord tlie king, before the king himfelf, in the due manner, and to the fame writ annexed, in the court of the laid lord the king here, before the king himfelf, to wit., at Well- minfter aforefdd, remaining affiled relation being thereto had more fully appears. And the faid coroner and attorney of the faid lord the king, for the faid lord the king further gives the court here to uiiderfland and to be informed, that the faid 2. by virtue of the faid commitment, by the faid F. W. knight, then being one of the juftices of the faid luid the king, al- figned to hold pleas bctore the king himfelf, as aforciiiid, to the faid marlhal, with the charge as is aforelaid, on the 2 ill day of Nt^vember, in the lit year, &c. aforefaid, then was fait and fecure in and under the cultody of the faid H. G. marfiial of the mtiiihalfea af'oiefaid, then being kept and deained a prifoner by the marlhal of the marflialfea of the faid lord the king, before the king himfelt, at the faid parilh of St. Geo.'ge, Souihwark, in the faid county of Suney, lawfully and by the com.niand of the ikid I'lancis Wiihins, knight, for the default oi mainpernors as is aforefaid. !Ne- . verH^ielefb- the faid H. G- after the commitment of the faid Z. G. btic.'.c that the faid Z. G. v.as delivered by the due ftim of la;v out of the cuftody of the faid H. G. to wit, on the 3cth day tf April, in ihe 2d year of the leign of our lord Indi^iments for Mifdemeanois. lord James the 2d, the now ting of En<;land, g's! inas Cudniore, for ctrtain treij.alTcs and mifdeetls by him^'"'^''* ^° the faid Thomas Cudmore conimitted and nei i)etiated, and!„''f'lf ^ "^^ tbercoi in the due manner ii,dicted and convidtcd, Ihouidtorpus de- pay to the faid loid the kiiig the fimi of 5cci for his finelivered to impoicd upon him by occaficn ff the prtruifics, and thai ' "" '"^ ''^^^ the faidT. C. ff.ti.'a' be taken, f 'iny P^'t thereof, impofcd up- on the faid T. C. as aforefaid) in nianifclt contempt of the iaid lord the now king and of his laws, and to the danger of lofing of his faid fine, to the forfeiture of his office af )re- iaid, and to the evil example of all others in the like cafe offending, and againft the peace of the iaid lord the uo'.y king his crown and dignity, 6cc. The King cigninjl Lee« Eafier, 20tli Charles 2d. London, 7 npHAT John Lee, late of London, efquire, on Information To wit, y A the I ft day of December, in the 13th year of^S'^'"*^ ^1^* the reign of our lord Charles the 2d, of England, &c. ^'"g»(,f^oncjon's ike. and continually afterwards until the i ft day of January, f|gp^,jy^ Cor in the 17th year of the reign of our faid lord the now king, not eltreat- ■was the deputy of John Weld, efquire, town clerk of theingrecog- city cf London, and by virtue of his office of town clerk of"'^?^'^" the city aforefaid, ought to eftreat and return into the Ex-f^lf^^g^ ^^ chequer of the faid lord the king, for th* whole time afore- tj'ie fern.. ns, faid, all forfeited recognisances for not appearing at any bitdifoharg- feffion of the peace and goal delivery, hold for the faid city^'^S t'ie"\ returned to the faid feffions ; nevertheleff the faid J. L. not^*^'^*^ J^®*^' regarding the duty of his office of deputy of the to vn clerk*" of the faid city, and perverting the truft in him renofed, *and deviling and intending the faid lord the king cf divers fums of money, by the forfeiture of divers recognizances ta the faid lord the king due, to deceive and defraud, between the faid ift day, &c. in the year aforef/id, and the ift day,. &c. unlawfully, extorfively and under colour of his office aforefaid, did receive and take of and fiom one * n. R. and*p^ 24.S. others, who were bound to the faid lord the king, in a certain recognizance, for the appearance cf L. F. at the feflion of the peace and goal delivery for the city aforefaid, next after the taking of the faid recognizance to be held, a certain fuin of money to wif, i6 {hillings of the lawtiil money of Eng- land, to defer returning and eftreating the faid recognizance ijato the faid exchequer ; and of J. K- and others, and alfo of IiidInd;iy In the weelc inronnation ^ ' -*- next after the feall of St. Michael the archangel, (or cutting to wit, on Monday the 2d day of Odober, in the 34th year of the (lair of the reign of our lord Charles the 2d, the late king of England, °"* '"''i^'^'* &c. at a general Quarter- feffions ot the peace, of the faid lord 3j!,j'^"pJ,y'jJ^' the late king, held for the county of Suffex aforefaid, at Mid-;,,^ hiin ia hurft in the faid county, beicre R. Al. knight, J. A. efquire, an unufual and others their fellow-juftices of the faid laic lord the king,^'a|''^ a"^ afligned to preferve the peace in the faid county, and alfo to. ''."^ '™ hear and determine divers felonies, treJpafies, and other "I'f-piaceV nJ deeds in thef.:iti county perptirattd, tie. Ey the oath of 1 2 maintain ng jurors, good and lawiul men ofthebodyof the faid county, liim, and then and there fworn, and charged to enquire for the faid late'^JPi o"'"S lord the king, and for the body of the Tiid county, it was pre- ''""' .^? fented, that J. Davies, late of, &c. labourer, and R. Farring-f^^,'^ ^1^™ don, late of, &;c. gent, nut having the tear ol God before. their jurtice of eyes, but being moved and ftduced by the iniligation of thethelaw devil, on the 6lh day of Auguit, in the 34th year, &c. aforefaid, with force and arms, &c. at the paiifh, icz. in and upon one Richard Hahin, in the, peace of God, and of the iaid late lord the king'' then and there bung, felonioufly, vvilfully,*P. 2^** Jy and diabolically did fend, give, and deliver, and did caufe and procure to be fent, given and delivered, and each and e- vcry of them did fend, give and deliver, and did caule and pro- cure to be fent given and delivered tor the fupporting, main- taining comforting and concealing of the laid J. D. and the iaid J. D. by the faid unlawful ways then and there, and at the other days and times aforefaid did fupport and maintain, and each and every of them did fupport and maintain in contempt (-f the laws of this kingdom of England, to the tnanileft obftruftion of jultice, to the evil and pernicious example of all others in ihe like cafe offending, and againft the peace of our faid lord the now king, his crown and dig- nity, &c. whereupon the faid attorney, &c. The King ngainji Cox» Michael mas t 36th Charles 2cf. MidJk/ex,^~r*V{AT the art and myftery of frame-work- Information To wit. J- knitters, is a new art and myftery, lately^Sa'n^ a and firft invented in England by the fubjeds of the lord i^Jj^^^;*'}^* the king, of this kingdom of England, and by the faid reducing fe- fubjefts of the /aid lord the king, of this kingdom of veral of that England, for divers years now paft, folely Snd *xclufively a", to leave exercifed, by which art and myftery very many fubjeds of^''^ '^'"S^o"* the faid lord the now king, of this kingdom of England, p"j^^^"g 3^^^ exercifing the faid art and myftery, not only have acquired teaLh the and yet do acquire for themfelves a living, but alfo great French tbit tiches, and for the greater benefit and encouragement ofa". the pcrfons ufing the laid art and myftery, the faid lord the ftow king by his letters patent, bearing date at Weftmin- fter, the 19th day, &c. in the 15th year of the reign of our faid lord the king, &C' incorporated them by the name of the mafter, wardens and affitftants, of the fociety •f frame-wwk kniuers, of the cities of London and Weft • ntinfter, Indli5lments for Mifdemeanors. ttiinftcr, of the faid lord the king, and of the kingdom of England, and of the loidlliip of Wales; and that Lance-' lot otherwife called Giles Cox, of the parilh, &c. in the county, &c. frame-work knitter, being a natural fubjeft of the iaid lord the now king, and a free-man of the laid corporation, not ignorant of the premiffes, nor in any tv-ife weighing the duty of his allegiance, but defiriug to acquire lucre and profit to himfelf, by the ruin and im- poverifhment of all the other fubjefts of the faid lord the now king, ufing the faid art and myftery, on the ift day, ice. in the year, &c. one Charles Hilton, of, &c. frame- work knitter, a natural fubje. Baxter, of, &;c. W, Jones of, ^'c. S. Lupton of, &c. well knowing, and each and every of them well knowing the faid premdifes, but being ■j.ierlt)ns greedy of gain, and devifing, pradtifing, and amonc themiclvts confpiring and intending, and each and every oi ihem dcvififig, ]iradlifing and intending to have the Royal pre- rogative of the lord the now king in contempt, and to dcro- j;3te and deminifh the fame and to make the Royal Grant a- ibrefaid, in the manner and Ibrm aforefaid made, vain, void, and of no cffedf ; and the fooner to fulfil, perfedf, and bring lo effect their moft wicked devices, pradtifes and intentions iaforefaid, in prpfecution of their laid confpiracy, he the '|aid K. K, on liie 12th day of March, in the ad jear of the reign Iiuii'51nicnrs for Mifdenieanorg, feign of our lord James die 2(1, the now Icincj of England, &c. with iurcQ aiul aini5, &.(.-. at London, to wir, ii\ ihe" ]\iiiih of St. Baitholomcw E.vchan;:5e, in the * uaid of Br< j d ^.-r^ Stjeit, London, of his own proper injury, and v.ithout zliy •*• ■ -57' lawful authority, a certain other pulilick' oviice for the making and re^ifiering ot the faid policies oi affurance, in- timation and icn:inciaiion, an*! of the oth^'?^ preniiffei-, un- lawfully did ered and teep, and that oliice, from the faid i2ihdJiy, cic. in the year. Sue- aiorclaid, to ihc day of the txhibiiion of this intoimatian, to wit, tiie 9^^^ day of !No- vem!)er, in the year, t^c. afoielaid, by himfelf and his Jer- vaut?, ui:iiiiUy, ard without the cciilent or licence cf the faid A. li. or his alfigns, or his or their dt-pnty or depuiic?, of his faid office aforci:iid,_ did continue and exercilc, and vvliliin that tit/iC then and there, in his laid oltice lo crecftred, imlawfiiHy and without the confent or licence of the laid ' . A. B. or his aiiign?, or his or their deputy or deputies, ot' his faid office aforcfaid, with force and arm?, &,c. divers policies ct alTurance, intimaiinn and renunciation, to wir, ^00 policies of alTarance, lo of intimation, a:id 20 o:;" renunciation, 4'd 'nake and rei^ilt^i-, and the tees dnd pro- /its for the mailing and regiilering of the faid policies of aflurance, intimation anrl renunciation, amounting to the lum of 5or/. then and there did receive and have, and the faid J. B. on the faid 12th day, &c. in the year, (Sec;, afore- faid, wita force and arms, &c. at London aforefaid, in the pariih and vvaid afoiclaid, oi liis own proper injury and without any lawful warrant or authority, a certain; other publick office f:,>r the niaking and regiller;ng of the faid policies of alfurancc, iniiiuation and renunciation, and cf the ether premiffss aforefaid, iinlawluUy did ere.']: and keep, and that oiijce, from the faid i-th day of, d'c. in the year» &.C. aforcfaid, by ninifelf and his fci vants, tiiere unlawfully, and without the cojifcnt or licence of the faid A. B., or his afiigns, or of his or their deputy or deputi^f, of his faid office aioiefaid, did continue and.exercii'e, and witliin that time then and there, in his iaid office Jo crCifled, unlawfullr and v:ithout the licence or confei.tof the laid A. B. or of his alRgns, or of his or their deputy 01 deputies, of his faicl office aforefaid, wiih force and arms, 6tc. divers policies^ ■cf affiuance, intimation and renunciatioD, to wit, 500 poli- tics cf alTurance, 10 cf irtima'.ion, ancl 20 of renunciation. Hid n-ike and reglRer, and the (ee£ and profits 'for the niaking' and rcgifterjjig cf the laid policies of affurance, ii.timatioa and renunciation, ariiounting to the fim -of 500/. then ancl there did receive and have ; and the faid ^'. B. W. J. and S. L. (zt'jrj Jir wrJ as aforefaid , &c.^ in great contempt' of the faid lord the king, and of his laws, to tiie great 4ijr. r 3- ^Kgt Indidmeuts for Mifd emeauors. great ruin and impoveriOiment of the faid office by the fald letters patent eredled, and to the evil and pernicious ex- ample of all others in the like cafe offending, and againft the peace of the faid lord the now king, his crown and dignity, &c. Whereupon, &c. P. 25S * T^^ King Ggahiji Gundrey. Michaelmas, 3d. James the 2d. infant to ^ ^j. ^^ Weftminftcr, in the county of Middlefex, was and as levy a rinu j^^^ infant within the aee of 21 years, to wit, of the age of lands and ■' ,- ^ , , r • Jr • l • j V c ^ tenements ^^ iJxtcen years, and then was leized in his demesne as or tee wheieof he of, and in the manor of Nether Cerne, otherwife lower Ccrne, v/as Teized Fampton, Crookeway. Nctton Thorpe, othcr\^ife jSIotton- in lee, i""''! Xhioope, and Betiifcombe, otherwife Bettofcombe, with the jV^'^'^'^V '^ appurtenance?, and of and in !CO MelTuages, 34 Cottages, defendant 4oTofts, 3 Water mills, 2 Tucking-mills, i Dove-cot, 130 and !)is heirs Gardens, (o Orchards, 2265 acres of land, 518 acres of mea- to the pre- dow, I5l6acrfs of paihue, :8o acres of wood, 960 acres of judicenfthe py^^e and Erufh-wocd, with the appurtenances in ^ ether C. T/'aw* ^n'' otheiwife lower C. F. C. ISJ. T. &c. in the county of Dorfet, fafe he of the clear yearly value of 200Cl. and of and in 12 Ale/Tuages, fhculd di; &c. with the appurtenances in S. C. L. in the county of So- wiJiout mcrfer, of the clear yeaily value of 500]. and that one John >fi"ue Williams, gent, then, to wit, on the 13th day of October, in the 2d year aforeiaid, at Wefiminlter, aforeiaid, in the faid county of Middlefex,, was aiid as yet is the coufm, and the perfon next heir to the faid Kohert Browne, to wii, &c. to v,hich John Williams, and his heirs, the manois, lands and tencmcms afortfaid. would dcfcend, as of right then they Otight to defctiid in cafe that the faid Robert Biowne, fhould die M ithout iflV.e of his body lawfully begotten, bejire that jie would arrive at his age of :ii yearf, and thai one Thomas Guiidre.y, of the Middle lemple, efquire, well knowing the •prcmifTes, then and there, to wit, at Weftminfter, falfely, fraudulent!/ Indidiueuis for Mifdemcaiiors. fraudulently unlawfully awd deceitruH-', contiivin.:^ piaclifing, deviling and intending, him the faid John WiHianis, and hi& heirs, in cafe the laid R. B. {houhl die without iflae of his body lawfully begotten, before that he would arrive at his age of 21 years, of the manois, lands aiul tenements afore- faid, unlawfully, injurioufly and unduly to deprive, deceive, defraud and difinherit, and alfo of the avaricious mind and. difpoiiticn of the faid 'Ihoniai Gundrey, wickedly, lubtilly and unjulUy, defiring and intending, ail and Angular, the manors, lands and tenements afordkid, to himfclf and to the proper ufe and benefit of the faid T. G. and hisheiis unduly to obtain and fecure, and to execute, pcrfeA and fulfil the wicked iHteniiif England, to the evil cxan pie, &c. and agaiiilt the peace of the iaid lord the now kin^ h'.s crcwn A d ignity, &:c. s r Acainft Statute?. *^ '^^3' * 2. Jgcinji Statutes. Fowler agauijl Alfop. Trinity, 1650. on^?he*^"'"^^'''''^^''-^*^'P^ It remembeml ihat E. A. one of the juftlces Jl 8th\^- To v.ic. XJ of the common Btnch here, on the 14th day galnf: a of June, in this fame icrn?, with his own proper hands vintner for delivered here, a certain information before him, on the keeping un-^th da jr of June laft paft, bj one B- F. who as well for lawful j|^^ keepers of the liberties of England, by the authority his houfe • cf Parliament, as for himfclf profecutes againft one K. A. f :;hI',iiedtoexhil)ited, and in the court here to be enrolled, the tenor a judge of of which inlormation follows in ihefe woidr, To the juftices thecomraon^jf ^\^^ common bench, Mlddlefex, to wit, Be it remembered pcdsin that Bartholomew Fowler, v ho as well for the keepers of the liberties of England, by the authority of parliament, as for himfelf, in this behalf piofecutes, comeih betore E. A. one of the juflice* of the common bench, on the 4i,h day of June, in the year of our Lord 1650, in his } proper perfon, and as well for the iaid keepers, as for limfelf, gives the faid juftlces to underfland and to be iufornied, that one R. Alfop, late of the parifli of St. .Clement-danes, in the faid county, vintner, after the ieafl of St. John the baptift, in the 33d year of the reign of the lord Henry the 8th, Jate king of England, to wit, on the 2Sth day of February, in the year of our Lord 1649, and continually afterwards, for the fpace of 60 days then next following, at the parifh of St. C. D. in the faid county, for the advantage and gain of the faid R. A. (did keep, have, hold and maintain, one common gaming- koufe, for tables and tards> and for a certain other un- ^ lawful I Asf.iinft Statutes. '» Lfcwfiil game called billiards, otherwlfe billyard?, and the faid unlawiul games, for the whole ilinf atoicfaid, in his manfion-h(>uie, fitiiare in the pariih of St. (Jltnicnt- danes, aturefaid, did permit to be held, played anvi gamed, againil the form of the llaiute of the laid 33d year of the laid lord the ting Henry ihe Sth, in fuch cafe made and provided, whereby the faid R. A. hath forfeited the lum ot I2c/. of the lauiul money of En;^lai)d, to wit, lor every day of the iiiid (todays, in which tlie laid R. A. fo as aiorefaid the laid common gamingdrjuie did keep and m'rn- tain, againll the form of the laid llatuic, 4'5. in rhe whole, amounting according to that Jate to the laid fum cf 12:/. whticfoie tlie liaid li. F. as well for the laid keepers of the liberties of England, by the authoiiiy of pailiatncnr, as for himfeif prays the confidcration ot the comt here in the premiiies, and that he the faid B. ¥. may have the moiety ot the laid tortciture, accoiding to the loim o^ the laid liaiutc,' and alfo that the laid R. A. may come here into court, to anfwer as v/ell to the faid keepers, &c. as to the laid B. b\ who as well, &c. in and upon tlis premilfes, &c. ^ o J ; ''P. 2,64. MicbaclmaSj 29th Charles- 2d. Lond'jn,^ j 'HAT John Flym, late of ti>c pariHi of Egham, , ,. ^ro wit. -1 in the county of Surrey, Tecman, othervviie ^''^|"^^1'\^*'* called John Plumbe, late of the parifi ai^orciaid, in tlio jVui-jrerfor county aforelaid, Yeoman, who on tire 12th day of January, fcxerciflna; in the 5ih year of the reign ot' the lady iL'.trabeth, laie t'^ac tiaJs, queen of E;igland, 6lc. did not lawfully ufc or cxercife "' ' '^^^'"S any art, myftery or manual occupation, neverlliclefs the .':^".-"''l\^ laul J. r. othdwiie J. i. akeruaidj, to wit, on tlie iftityy-ars, day of Eebruary, in the 2.9^1 year of the rciga of our aja'nfl the lord Charles the 2d, of England, £cc. ' kii.g, &c. and ilat. 51;^ continually afterwards, uniii the day of the taking of ^''*- this inquifition, to wit, for the Jp.ice of two whcds months and more, at London,, to wit, in the pariih of St. Faith, i}\ the ward of C. Lond-Mi, did itt n;i, uie and cxcrcife i}ij^ art, myftery or mamial occupation of a iiuitcrer, S i i _ btinpj Againft Statutes telng an art, myftery or occupation ufed within this iingdom of England, on the iaid 12th day of January, ill the 5tli year cf the reign of the faid lady Elizabeth, late queen, &c aforefaid, in which art, myilery or ma- nual occupation of a fruiterer, he the faid J. ?. otherwife J. P. was not educated fur the fpace of 7 years as an apprentice, againft the form of the ftatute in fuch cafe made and provided, and againft the peace of the faid lord the now kin;^, his crown and dignity, &c. &c. &c. To this indifiment PUlcxfen /Jemiirred, and the court Jeemed Jirongly of opinhn, that a frtr.terer is not a trade within the Jlatuie of the <^th of queen Elizabeth ; hut no judgement. The cafe ii reported I renins 326, 34.6, 2 Lev. 206, 3 Kelle, 816. 843- The King againji Pyne. Michaelmas, 27 th Charles 2d, ^zS'T ScmerM T^HAT George Powel, Robert Sheppard, gent'en.an To wit. ) J^ Jvlichael Potter and William Lai combe, for rcfufing on the 27ih day of October, in the 26th year of the reign to.-eceivean of our lord Charles the 2d, of England, &c. king, &c. apprentice, j.]^^j^ ^^,^^ ^^ ^^^ being overfeers of the poor cf the parifh i.'/^u/'^i^ of North-currey, in the county of Somerfet, Arthur VVea- Jilrr, oy the • t i , • i i i i r \r ■ a i ovfifersof ver and John bmuh, on the day and year arorelaid, theft thr |j-crand being church wardens cf the parifli of Noi'-h-currey aforc- churcii war- faid, in the county afoiefaid. in the due jnanner nominated tens, v.-i:h ^^^^ appointed, with the confojt of Ivobert Hawles and the torment j£,j j c^urt, Efquires, two of the jufticcs of the faid oi the oeace ^Oid the Jiing, affigned to preicrve the peace in the laid punujintto county, and alfo to hear and determine divers ielonie*, thsitatiue. trefpafies and other * mi ideeds, in the faid county perpc- ^'P. 2^5' ti'au.t!, one of them being and inhabitirig nigh the pariih cf K. C. aforefaid, in ihe faid county, accoiding to the form of the ftatute in that behalf made and provided, by indenture bearing date the faid day and year, did bind one Jo;:n ivandall, Spinfter, one of the poor of the parilfi of K. C. aforefaid, apprciiticc to^ one John Pyne, of Currey fcaaliet, in tiie iaid couiit/, d'quii"£, io rcl'i^Ul of a certain tenement Asainft Statutes. 'a tenement and farm, of liim tht faid J. P. at Nv-^rlli Currcjr aforefaid, in the faid county, and aftcrv/ard:. to wit, on tlie 27th day of 0<5l<.)ber, in the year af(>ieiaicl, in tlie due form of law, did deliver the faid Joan Ranvlall, to the faid John Pyne, with one part of the faid indenture, re- vcrthelefs the fiid John Pyne, not bcin^ ij^norant of the faid premiffe?, afterwards to wit, on the laid 27th day oF October, in the year aforefaid, and always aftcrwaids, until the taking of this inquifuion, then and as yet being an occupier ot the leiifment and farm aforefaid, with force aiid arms, tec. at N. 0, aforefaid, unlawfally and contemp- tuoufly, then and there, entirely hath relufed and denied to receive the faid J. R. as his apprentice, or in any man- ner to provide for her, although thereto he was olten rc- queftcd in the due manner; in contempt ot the faid lord the now king, agiinft the peace of the faid lord the now king, his crown and dignity, 6cc. again!! the furrn of the lla- tute, in fuch cafe thereupon lately made and provided, &c. &c. After c 'inference betzveen all the Judges of EnglavJ, (who declared (heir opinion, thai the overjeers could not force an ap- prentice on any one -who did wJ perfonally occupy hijhj.ndry') this indiUmeiU xvas quajhed. It is reported yl Kebk, 516,62^5^ 636, 686, 854, and Shower t 193. The King again f Baxter, To wit.T^^ ^^ renncmbered that at the afllzsi holden for the loronnatjon ■^ county of Surrey, at Kingfton, upon Thames, in ff>r t.kin^a the faid county, on Thurfday, the 28th day of July, in the V"''"5 ^o- 35 year of the reign of our loid Charles the 2d by the grace "t^g'^uito j!, of God of England, &c. king, &c. before Francis Pern- of her ^iiav berton, knight, chief jullice of the faid loj-d king oi the dian, -a-^uinib bench, and Kdward Atkyn;, knight, one of the barons of f-e Ititute, the Exchequer of the faid lord the king, jufticss of our faid 4andi,V>!);i', Jord the king, afligned to take affizes in the faid county ^" ~ *'^^' of Surrey, by the fum of the llatute, &;c. by the oath of Chrillopher Buckle of B. knight, and 16 others, good and lawful men of the faid county, then and there fworn nd charged to enquire for the laid lord the king and 'pr the body ©f the faid county, it is prefented thnt i^ivIioUs I p. 266 Venire a- warded a- gaiiift defen- dants who appear upon their recognizance and plead jjoi guilty. By c^nfent of dekn- daiits, Venire fac. lur.awardcJ returnable immedir.teJj' and tliere- upon, they are found j>%iiity. Againfl Statutes. Nicholas Baxter of Hafcombe in the county of Surrey, Blaclc- imith, E. L. of &c. A. L. of &c. J.B. of &c. E.B. of &c. and J. C. of &c. on the 29th day of January, in the 34 year of the reign of our lord Charles the 2d of England, &c. king, &c. being- and each and every of them being above the age ct 14 years, to wit, of the age 6f ^i years, afterwards to wit, on the faid 29th day of January, in the 34th year, afore- faid, with force and arms, &c. at the parifh of Bramley in the county of Surrey, atorcfaid, in and upon one Ann ^till- weil, a maiden * unmarried, then being within the age of fix- teen years, to wit, of the age of eleven years and nine months, and daughter and heir of one James Stillwell, deceafed, who hath left to the faid Ann, lands and tenements in the faid county, of i^ie clear yearly value of icol. above reprifals, did make an affault, (flie the iaid A. S. then and there being in the poffellion of one R. E. her grand father,) and her the faid A. S. then and there, out of and from the pofleffion and againil the will of the faid R. E. the grand father of the faid A. S. who then and there, by lawful ways and means, had the difpofitlon, wardlhip, education and governance, of the faid A. S. unlawfully did take and convey away, with in- tention to marry the faid A. S. to the faid N. B. and her the laid A. S. from the faid 29th day of January, in the 34th year, aforefaid, to the 3ilt day of the faid month of January, in the 35th year, &c. at the parifh of B. aforefaid, and elfewhere, in the faid county, with force and arms, &c. out of and from the pofleffion and againfl the will of the faid R. E. the grand father, of the laid A. S. unlawfully and unjuftly, did detajn, in contempt of the faid lord the king and of his laws, to the great affll61ion of the faid R. E. againfl the form of the ilatute, in fuch cafe made and provided, and a<^ainft the peace of the faid lord the now king, his crown and dignity, &c. whereupon the fheriff of the faid county, is commanded that he do not omit, &.c. but that he caufe them to come to anfwcr &c. And now to wit, at \he faid afiizes held for the faid county at Kingflor, upon Ihamcs, aforefaid, in the county aforefaid, on the faid Thurfday, the 26th day of July, in the 35th year, &c. aforefaid, before the i^id jufliees, come the laid JS!. B. &c. according to certain recognilances by them, and by their bail in this behalf beloie acknowledged, in their proper perfons, and having heard the irididtmcnt ftfoicfaid, ieverally fay, that they arc not guilty thereof, and of this fevcrally put them- f elves upon the country, and Eldred Lancelot Lee, efquire, clerk of the afiizes lor the faid county, who for the faid lord the king in this behall prrfecutes, doth the llke,a,nd therefore, by the toafcBt of the i*id H. B. &c. let a jury come there- upon immediately, ice and the jurors of that jury by Anthony Kawiinj, «f^uirf, fiieritf of the faid county, fc4- this purpofe impanelied;, Againft Statutes. impanelled, to wit, W. Y. and eleven others, being callecfj come who being elected tried and fwoin to fptalc ihc tiulh oi' and concerning the premiffes, fay upon iheir oath, thru the faid N. B. E. L. A. L. J. II. E n. and J. C ai<: ^^ulliy and each and every of tlicm it guilty cf the trefpafs and contempt aforefaid, in the indlclmcnt Iptciikd to ihcm above feverally charged in the manner and form as by the faid indidtment, above againft them is luppoled, whereupon ail and lingular the premiffes, being leen and b^ thr court here iiiliy under- ito»d, it is confideicd by the couit, here that ihc faid N. B. Ju'I?emen«. E. L. A. L. J. B. F.. B. and J. C iiiall have and un.lergo ^,[eST the imprifonment of their bodies, and each and every of them yg^rs with- Ihall have and undergo the imprifcmcnt of his and her body out bail on for the fpace of two whole years, without bail and mainprize mainpiizcs- according to the form of the ilatute, in fuch cafe made and provided by cccaCon of the ticfpafs, contempt and offence aforefaid, whereof as aforefaid, they are convidled and each and every of them is convldltd, and that they be taken, and that each and every of them be t^ken, &c. and the commit- faid N. B. E. L. A. L. J. B. £ B. and j. C. prefeut here mentbythe in court are committed, and each and every of them is com- court. niittcd to the goai of the faid lord the ting of the faid county, there to remain under the cuftody of the flueriff of the county aforefaid, in the faid goal fafely to be jk ept for the fpace of two whole years, without ball or mainprize according to the form of the ftatute aforefaid, for the trefpaffe*, contempts aud' offences aforefaid, &c. &c. * The Kijig agamjl Fenton and others, *' ^' ^ '^ Trinity, a7th Charles 2d. EJft^i, rp HAT William Fenton, of the parifh of Halftead, ^nf?'-matio« To wit. X in the county a^or-iaid, yeoman, W. R. of &c. Tr^^^ff' J. C. of &c. J. F. of &c. N. H. of ^*c. and J. A. of &c. on nott^int the lOth day of March, in the 26th year of the reign of our to church, lord Charles 2d, by the grace of God of England, iStc. king, &:c. upon &:c. were and each and every of them was of tlie age of 16 t''e e Friday next after the morrow, of the Holy Tri- jiitv, in this fame term, befoie the lord the king at Weft- minller, come the faid W. F. W. R. J. F. N. H. and Five «i npHAT John Smith, of Trinity Mjnoricf, in the Infvmatlon To wit. y JL parifh of A!(i<^;.te without, in th.- county of f.)r buying Middlefex, JVleaiman, on the icth day of July, in the 35th "ngr^uni vear of the. reign of our lord Charles the 2d, of iLndand, &,c f'Tv '?'' ^ 1 . r i /• r- 1 '1 re b')lhcl not king, &c. at the town ct havnham, in tne county (;1 J^urrey, hrin' Wiu- T t unlaw! ully clicft^ir mca- Asraiuil Statutes. ^ fwreagair.l1 unlawfully and unjiiflly did buy corn, to wit, 5 quarters c>f un- the form ot ground whear, of the value of nine pounds by a certain tlieftatute. bufncl, not a'^rceing with the flandard, niarlced in the Exche- quer of the lord the kin^;, comuionly called Wincheiler mea- jiire, containing eight gallons to the bulhel, in great deceit of the fubjeds of the faid lord the king, againft the form oi * P. 2^9 the llatuie * made and provide^!, andalfo againft the peace of the faid lord the now king his crown and dignity, &c. with this that the faid coroner and attorney, of the faid lord the king will verity that wheat on the icth day of JuK, jn tfcc year atoiefaid, and alfo from the time whereof the memory of man is not to the contrary, was ufed to be bought, and yet is bought, by the bufliel as well in the parilh afore- faid, as in all the reft of this kingdom of England, whereup- on the faid coroner, ike. (kc. The King ngo.inji Farmer. Michaelmas, 26Lh /Charles 2d. Inform.ifnn S^t^^-y^ 'T^HAT Thomas Farmer, late of the parifh of St. forufury. To wit. X George, Souehwark in the county ot Surrey, alorefaid, gent, on the ift day of July, in the 26th year of the reign of our lord Charles the 2d, by the grarc of God of England, &c. king, &c. at the pariili, &c. alorefaid, in the faid county of Surrey, unlawfully and unjuftly, did take, have and receive by deceitlnl ways and means and by covin of one JVIarlc Hinch, the fum of 80 Ihillings, of the lawful money of England, of the monies of the faid M. H. to wit, 20 fhiUings for every quarter of one year for the forbearance and giving day of paym.ent of the fum of 61. of the monies cf the faid T. F. by him the faid T. F. lent and forbore to the faid M. H. from the ift day of July, in the 25ih year of the reign of our faid Jord Charles the 2d king, &c. until the faid ift day of July, in the year aforefaid, being over the fum and above the rate of 61. for the loan and forbearance ot lool. for one year, againft the form of the ftatute, in fuch cafe made and pro- vided, and againft the peace of the faid lord the nov.' king )^\% cro\TO and dignity, &c. whereupon, &c. &c. Traverfes, Traverfes, I^leadings and other Proceedinsfs on Indiclincnio aiicl informations. ►*vy>V»>»»^ij<«-<«**^***'- J. P>. at the Suit of the Lo7-d the Kiujr. Son alT.uIt „, _ . A ND now to wit, on the Monday nt::t after the Jcmelns Jo-Alt. ^ odave of St. Hilary, in this fame ter-n before plendeH to the lord the hin^ at Weftmlnlter, come* the fald A. B. by VY. •->" 'r.dift- Ti • o . , , . , , , • 1. o r r ■ 1 merit tor al-- . his attorney, and havin-^ hear(4 the indictment aioreiaia, ^^.^1, ^^^ laiih that he (hnh not apprehend that the faid h:/rd the now lalf joined, therefore judgment is given that the verdidl aforefaid, in the form aforefaid, given, be taken and held for nothing ; and that the faid J. A. of that verdifl: may go thence without day, &c. whereupon Edward Coke, efquire, attorney general of the faid lady the Qu^een, for the faid lady the Queen prays an- Venirede Qthbr Writ of venire facias, anew for the trial of the faid iffue •ovo. • t)f the neighbourhood of the parifh of St. Margaret, Weft- minfter, aforefaid, in the county aforefaid, and it is granted to him, &c. therefore, &c. that the IherifF caufe to come anew on the Tucfday next alter the morrow of the purifica- _ of the ^'""' ^''' ^^ "«\'l>'ch day. Sec. and the fheriff of, &c. returns iuryappeir, the writ with th^ panel, &c. therefore, &c. that he diftrain, others make &c. on the Monday next after the oftave of the purification, default. &c. At which day the jurors being called, certain of thetn come, and certain of them do not come as appears by the pa- Challenee "^^' ^''''^ certain of thofe jurors appearing are fworn upon that jury, and certain'of them in like manner appearing, be- caufe that they by the faid John Arundell, are peremptorily challenged, are entirely withdrawn from the laid panel, as Remanet. appears in the faid panel, &c. whereby that jury at that day for the default of jurors remains to he taken, &c. therefore, Diftringas &c. that he diftrain, &c. on Monday after 3 weeks of Eafter, awarded ^^.^ gjj^ [j,^j ]^g a^^j ^q fuch as thofe lemoved, &c. the fame r'h**& day is given to the faid John Arundell, under the cuftody of ' ' the faid maifhall, in the mean time committed, &c. at which day comes the faid J. Arundell, in his proper perfon under the cuftody of the faid marftiall, and the jurors of the faid Jury appear, jury being called in like manner come, who being eleded, tri<;d ani. Traverfes, Pleadings and other Proceedings, kc, and fworn tofpeak the truth of and concerning the picnnifles, And^nddc- fay upon their oath that the faid Jeace, of the faid h>id the no-.v king as aforclaid, on the 3Cih day of January, in the 4ih year aforelaid, at the parlih of Hurley, in the county of Bciks aforelaid, in the prcft-nce and hearing of the laid officers, and of divers other l"ubjc<5ts of the faid loid the now kingj tlien and there being prcftnt, ialfely, rialicioufly and uniavvfuUy, contemptuoufiy and Icditioutly did fay, utter, declare, alKnn and with a loud voice did pubflh, " fhai he (meaning the faid John,, lord Lovelace, baron of Hurley,) did no more value the /aid zvarrant than the dirt of hh jLo^s, and that the. /aid rvarrant ought not to he obeyed. " And the f lid John lord Lovelace, then and there, to the laid William Grove, church-warden of the parilh of Hurley aforciaid, then and there being preAnt as alivreliiid, further did fiy and aiTcrt, '■'■that if he the Juid " IVdtiam Grove -LVMld difohcy, ar.d not obey the laid zvarrun'-, " that he the faid lord Lo^'clace, him the faid IVfd'ium Gr'/Vf^ " then h:ing church-vjurden oi the ^arijh of Hurley aforefaid, U u ' " and TraveiTcs, Pleadings and other Proceedings, kc. " and the ether inhabitants ■within the pariJ}o of Hurley aforefaid, **1 . 275* " i'l- ihe county oj * Berks aforejujd^ vjoidd fame harmle/'s, altho' it " fi:cuhi coft him the /aid lord Lovelace 500/." to the derogation, <;rcat daina^e, dliiiiuution and injury of the faid lord the now liing, and oi Jds loy.il prerogative, in contempt of. the faid lord the now kins, and of his laws, and of the power and authoiity of the laid Fiancis Ptikins and Richard Per- kins, jufticcb of the peace of the laid lord the now kinj^, imder the laid lord the now king derived, In diminution and derilion of the authority and power of the faid lord the now king, to ihe evil example of all others in the like cafe offending, and againft the peace of the faid loid the now iing, hisctownand dignity, &;c. Whereupon the faid at- lorneygcnera], i^c. Aud now, to wit, on the Friday next after the morrow ct pefeiidart the Holy Trinity, in this fame term, before the lord the king, J" .' 1*. ^ '■' at Wtilndniler, comes the faid John lord Lovelace, by R.O- cfthepe.ce ^^^^ Seyhard his attorney, and having heard the iniormation were net aforefaid, complains that he, under colour of the premiles qualinect, jn the intcrmation aforelaid mtntiontd, is greatly vexed and not having difquieted, and this not jufUy-, Becaufe, protefting that the "■" f" '»" iniurmation aforeiaid, and the matter In the fame contained, piiifu'sr.t to ^^^ "^^^ good and fufiicie'nt in law, to which information aforc- aft of p»rii- laid, he hatli no nectlfiiy, neither is he bound by the law of amen:, the land ^o anl vver in any manner ; for plea ncverihelefs, as to the coming with force and arms, and to whatever is againft the peace, (a- in c( nternpt ol the faid lord the now king and of ids laws, or to the derogation, damage, diminution or preju- d'ce of the faid Joid tht king,- or of his royal prerogative, cr to the diinunition or derilion of the authority or power of the faid lord the now king, and alio as to all other the pre- liiilles If) the Inlojn)ation aiorelaid fpeclfied, charged againft him, except the oppufin'j, hindering and obllruiling ot ihc fiid vvaiiar.t and the execution thereof, and the ipeaking, declar- ing and pubiiihing 'he word; in the laid Information mention- ed by him, the iaid John lord Lovckc?, above iuppofed to be done, he ihc faid John Lovtiice iaiih that he Is nit notgi:i!tv as g^;iiy ihe)e<-t, as by the faid iniormation above is fup- toVi. :.r.d p(;.j". f[^ and of this he puts himfjlf upon the country. And as ' '"' ' to ihe oppoling, hindering, and obllriiifting the faid warrant, 2n;l the ei.ecution thtrcol", and the fpeaking, declaring and publifiiing the viords In the Information aloiefaid mentioned, by hiiu the faid John loid Lovelace above, fuppofed to be done, he the faid John lord Lovelace faith, that the faid lord the now king ought not to icnpeach, or trouble him by occali- on thereof, becaufe he faith, that after the making of a cer- tain act, made and provided in a parliament of the lord Charles the 2d, late king of England, by prorogation held at Wcltmirdicr in the county ofMiddlefcx, on the 4th day of Febru?.!/, Traverfes, Pleadings and other Proceedings, kc, February, in the 25th year of his roion, intiil-'d an aCt to pre- vent dangers which may happen, from Popilh Recnianr?, and long after the term of Eaf'.cr, 1673, 3n the iiiid ilatiue ii.cnti- oned, the faid F. Perkins and K. Perkins in the in;():m;uion aforeraid above named, by a commiflion of the iaid Imd ihe row king-, fealed under his Great Seal of Engkind, bearing date at Weftminfler, the 17th day of February, in thr 3d year of the reign of the faid lord the now king, were (^among other perfons in the faid commiflon nained) jointly nnd I'eprirTtely conftituted and affigned juilices oi the (aid loid the now king, topreferve the peace in the faid county, which F. Perkins and R. Perkin5 afterwards, and for rleveii months an'.l more betore the making of the faid warrant in the faid intorni.'Mion above t *P, 276. fpeclfied, to wit, on the 24th f no effedl in lau, and for nought ought entirely to be had and held. Arid ihe faid John lord Lovelace further faith, thit he at the time of the maki-ijg of the faid vvarr,Tnt and long before, end I'om that time continually afcerwsrds, hitherto was ,a paviflivoner and inhabitant of the laid paiiih oi Hurley, -in the laid county oi Berkr, and chargeable and charged towards the fupport of the poor of the laid j>arjlh, and t!;e othcv ch.-^vgei to be fullaincd by the pariihioners of the faid pariih ; £-i.ci that if the faid W. K. and Caihe:iae his wife, and their faul Tt-averfes, jPleadings and other Proceed kige, ^c. f^id ttal« chUd, in the informaXio« al'or^faid. •na'me<^^ by pretence of rb« laid -warraot, ftuiiuid "be fettled in t-he fa^^ parilh of Huilev, a change luvjafirl} -would fa.ll upon riw faid John JLord Lovelace, and u-fxcui the olhcr pari-ftil-ofteisS of the faid parilli of Hurley, for the fupport of the faid W- K. Catherine his wife, and of the faid male child, [they being poor and in want,] by reafon whereof he the faitl John lord Lovelace, on the faid 30th day of January, in the 4th year ot the reign of our faid lord the now king atore- f^iid, at the paridi of Hurley, having a difcourfe v/ith the faid William Grove, then church-v/arden of the faid parifli of Huiley, and with Row, and v/ith divers other in- habitants and parilliioners of the faid parith of Hurley, concerning the premiffes, and the faid conllables and tyth- ing-men of the faid pariih of Ufton, requiring and urging them under pretence of the faid warrant, to receive and lettle the faid W. K. and Catherine his wife, and the male child aforefaid, in the faid parifh of Hurley, he the faid Joha lord Lovelace, to free and iave himfelf and the jOther parilhi- oners of the faid parifh of Hurley, from the charge which •would arife to them by the unjuft fettlement of the faid W. R. and Catherine, and of their male child aforefaid, ■within the parifh of Hurley aforefaid, ^under pretence of the faid warrant fo being invalid and void, then and there did oppofe and hinder the execution of the faid warrant as being invalid and void, and made by perfons who were not juftices of the peace, and then and there did fay, that the faid war- rant ought not to be obeyed, and did give advice to the faid. William Grove, and to the faid other inhabitants and pari-» ihioners of the parifh of Hurley aforefaid, not to obey the faid warrant, and then and there diJ fay to the faid William Grove, and to the other inhabitants and parifhioners afore- faid, that he did no more value the faid warrant than the dirt of his fhoes, and that if the faid William Grove would di-fobey and not obey the faid warrant, that he the faid John lord Lovelace would fave harnilels, the faid William Grove and the other parifhioners of the faid parifh of Hur- ley, although it thould coft him Sod. as it v/as well lawful for him, which are the faid oppofing, hindering and ob- ftrufting of the faid warrant and the execution of the fame, and the * fpeaking, declaring and publiflung of the words j^^ in the information afcrei'aid mentioned, to him by the in- ^' 27^* formation aforefaid above charged, without this, that the faid' John lord Lovelace is guilty of the laid premilfes, to * him by the faid information above charged, otherwife, or in any other manner than he above by pleading hath alledged, all and fingular which things the laid John Lord Lovelace is ready to verify, wherefore he doth not apprehead that the Traverfes, Pleadings and other Proceedings, &c. the laid lord the now king, will or ought to impeach or trouble him the faid John lord Lovelace for occafion thereof, and he prays judgment, and that he as to the faid premiffes, by the court here may be difmiffed, &c. &c. &c. Sec. •^ -v w >»»»^^^^^^n his proper perfon, who is committed to the faid lieutenant, &c. and forthwith being demanded of the premifes above charged againft him, how he will acquit hiinfclf thereof, faith that he is not guilty thereof, and thereof of good and evil puts himfelf upon the country •, therefore let a jury come - ihertupon before the faid lord the king at VVellniiuRer, on the Thurfday next after fifteen days of St Martin next enfuing, by whom, &c. and who neither, &c. to recognifc, &c. be- caufe zs well, &c. the fame day is given to the faid Charles Gerrard, &c. under the cuftody aiortfaid, of the lieutenant of the Tower of London aforelaid, &c. and in the nfean v.mc is committed fafcly to be kept until, (Sec, At which day bt- ioi c: Attainders for Trcafon, &c. fore the lord the king at Weftminfier, comes the iliid Charles Grerrard under the culiorly atorelaid, oi the lieutenant of the Tower of London aforeiaid, to the bar here brought in his proper pcrfon, and the jurors of the faid jury for tliis purpofe by the flieriif of the faid county impai;clled, being called come, who being eh died, tried and fworn to fpcalc the truth of and concerning the preniiffes, f?y upon their oath tliat the faid Charles Gerrard is guilty of the high ireafon .iforcfiid, Verdldl in the faid indiftment ipecified in ihe manner and tonn aj by gui!t/. the faid indi(5tinent above againft him is fuppofed, and that (he faid Charles Geirard at the time of the perpetration of the high trcafon aforefaid, or at any time afterwards * had no *P. 28o. goods or chattels, landi or tenements to the knowledge Oi the faid j irors ; and the faid Charles Genaid, being demanded if he had or knew any thing to fay for himfelf, wherciore the court here fhould not proceed to judgment and execution againft him, upon the verdift aforefiid, iaith nothing except a^ before he hath faid, whereupon immediately the attorney general of the faid lord the now king according to the J", ^"'f"^. due form of law, prays againft him the faid Charles G(.r;ard, on pniyed. judgment and txecuiion to be had upon the verdidt aforefaid, for the faid loid the king. Whereupon all and fingular the premifTes being feen and by the court here fully underftood, it is considered that the fuid C. G. be brought by the faid Judgment.' lieutenant ot the Tower of London to the prifon of the faid lord the king of the Tower afortfiid, and from thence that he be drawn to the place of execution, &.c, tie. The King cyiinj} rvToil^y. Michaelmas, 24-th Charles id. .., ,. -y . ,n ) ■ >HERET(7F0RE fo wit, on Tuefday Indlcflmcnt To wit. f to wit, the 7ih day of Auo;uft, in the year '"•''• ii'<|-r of our Lord i!'49, at the affiz-s and general goal delivery ^L'^^^'^^j held at the Guild-hall of tho city of York, in the county ni' the fiiJ city of York, befc-re J.' Pulleftpn, cue of the X X juftite? Attainders for Treafon, 5:c. juflices of the common bencK, and Francis Thorp, one of the barons of the public Exchequer, William Allenlon, knight, and others their tVilows jultices and commillionets aliigned as well to hear and examine and to deliver the goal there, as to enquire by the oath oi good and lawful men within the l;iid city, by whom the truth of the matter might be the better Isnown, and by other ways, methods and means, by which they might ami could know better, as well within liberties as without, of certain treafons, mif- prifions of treafon, inlurreftions, rebellions, murders, til- lings, felonies, burglarie-«, &c. in the county of the faid city perpetrated, 6cc. and to hear and dcteimine, &c. by the oath of P. L. and eleven others, good and lawful men of the county of the faid ciiy, impanelled, fworn and charged to enquire for the keepers of the liberties of England, by the authority of parliament, and for the body of the county of the faid city, it is prelentetl as follows, to wit. The jurors Ind'ftment ^^^ '■'^^ keepers ot the liberties ot England, by the authority of parliament, upon their oaih preient, that Cuthbcrt Mor- ley, late of, &c. gentleman, on the 15th day of May, in the year of our Lord 1649, not having the fear of God before his eyes, but being moved and feduced by the inftiga- tion of the devil, with force and aims, &c. at the city of York, in the county of the faid city, in and upon one Kich- fiid Harrifon then and there, in the peace of God and in the public peace being, felonioully, wilfully and of his ma- lice aforethought, did make an afiault, and then and there a ctriain pillcl, of the value of 12 pence, charged with bullets and gunpowder, v/hich he the laid Cuthbert in his hands then and there had and held, did difcharge, and him the faid R. Harrifon, in and upon the right part of his fide or llioulder, felonioufly, wiffuUy and oi his malice at'^i')re- ^ X. "Sol thoivght did ibike, and '^ then and there, did give to the faid )P & fiiper R. H, v.'ith the faid piilol, in the manner and form aforefaid dy Iieiore the jufiices, at the next'gencral goal-delivery, to be held in the county of the faitl city, to an- fwer to the faid keepers of the liberties of Fn<;!aii* is within the aoe of 21 years, bv Philip Wa:d her E it remembered that at the general quarter Captioft. To wit. y O feffion of the peace of the lord the king held for the county of Middlefex, at HicI.-s-Hall in St, John ilreet in the faid county on Monday to wit, the 5th day 01 July, in the 32d year of the reign of our lord Charles the 2d, ^"'^''?"]s"* &c. Before William earl Craven, N. F. and others their fel- ^f the peace lows juftices of the faid lord the king afligned to preferve the for Middle- peace in the faid county and alfo afligned to hear and determine fex, held thd divers felonies, trefpaffesand other mifdetdsin the faid county sth d.'.yjuly perpetrated, by the oath of S. P. and 16 others, grood and 3=Cli. zfov lawiul men ot the laid county then and there iworn and^j.,^^^ charged to enquire for the faid lord the king and for the body ot the county aforefaid, it is piefented in the manner and form follosying to wit. Middlefex 10 wit, the jiiiors for the lord, the king upon their oath prefent that Philip Doughty late of the parilh of St. Margaret, Weftminfter in the county of Middlefex, efquire, and Anthony Hamilton late of the pariih aforefaid in the county aforefaid, efquire, nQt haring the fear of Attainders for Trcnfon, &c. L'OUghtv o: God before their eye«, but being moved ^nd deduced hy tht inftigation of the devil, on the 23d day of April in the 32(1 year of the reign of the lord Chai les the 2d by the grace oi God, &c. with force and arms, &c. at the parilh, 6cc. in tije county, &c. in and upon one Ricliaid Capps, in the peace of God and of the fiid lord the now king, then and there being, felonioufly, wilfully and of their malice aforethought did make an affault, and that the faid P. D. with a certain rapier made of iron and fteel of the value of 5 fhillings, which he the faid P. D. in his right hand then and there had and held drawn, him the faid R. Capps then and there being in and upon the left fide of him the faid R. Capp;, nigh to the left pap of him tlie faid R. Capps, felonioufly,wiliully and of his malice aforethought did ftrike and ihruft, giving to the faid R. Capps then and there with the drawn rapier aiorefaid, in and upon the left fide cf him the faid R.C. nigh to the faid left pap cf him the faid R. C. one mortal wound of the breadthof hal£ one inch and of the depth of lix inches, of which mortal wound he the faid R. C. from the faid 23d day of April in the year aforefaid, until the nth day of June, from that time next enl'uing in the year aforefaid, at the parifh aforefaid and county aforefaid, and at the parilh of St. Martin in the fields, in the county aforefaid, did lanoruilh and languilhingdid live, on which nth day of June aforefaid, he the faid R. Capps, at the faid parilhof St. Martin in the fields in the county of Middlefex aforefaid, of the mortal wound aforefaid died; and that the faid A. Hamilton, felonioufly, wickedly and of his malice afore- thought was prefent, abetting, affifting, comforting and main- taining the faid P. D. him the faid R. C. to kill and m irder, in themanner and form aforefaid, and fo the jurors aforefaid fay up- on their oath aforefaid that the faid P.D. andA.H. him the laid R.C, in the manner and form aforefaid, felonioufly, wilfully and of their malice aforethought did kill and murder, again.T: the peace of the faid lord the now king his crown and dignity, tec *?. 286. whereupon the iheriif of the county of Middlefex is comman- ded that he do not omit, &c. but thai ht take them, * to an-' fwer, &c. which indiftment the faid jufHces of the faid lord the king, afterwards to wit, at the delivery of the goal of the faid lord the king of Newgate held for the faid county at Jul- ftice Hall in the old Baily in the fuburbs of the city of Lon- don on Wediiefday to wit, the 7th day of July in the 32d year aforefaid, before R. Clayton knighr, mayor of the city of London, T. A. knight, and baronet, and others theirfel- lows jutiices of the faid lord the king alfigned to deliver his goal of Newgate of the prifoners being therein by their own proper hands did deliver here ia court of record in the form cf the law to be determined, and thereupon at the faid delivery of the goal of the faid lord the king held for the faid county xt Juliicc Hall aforefaid, on the faid Wednefday the 7th day of July in tlie year aforefaid, befpre the Aid juftices laft named Languilh- ing in two paiifhcs. Hamilton iiding and abetting. Capias awarded Jndi£lment tranfmitted to the goaf delivery of Middlef«x he Id .It the Old h'ii y. Attainders for Treafon, Sec. named come the faid P. D. and A. H. under the cuflody of J. K. knight, and S. L. kni^tit, (hevifF ot the faid county, into v.hoie cuUody for the laid caufe before they were commiticd brought here to the bar in their proper perlons, who are com- mitted to the laid IheriiY, and lorthwich being leverully dtman- ded of the ftlony aforelaid and of the murder atorelaid, in the indiftment aforefaid, above fpecified, how ihey will acquit, thcmit;hes thcieof, they the lliid P. D. aiid A. H. fe- PefentJ^ntt vera lly fay that they are r.ct guilty thereoi, and thereof ior P'S'"*^' "°t' good and evi! feverally put themfelves upon the country, thc;e- ^"' ^^' lore Iniinediateiy let a jury come thereupon belore the juAices Lilt named here, &r. who neither. Sec. to recogniio, &c. y'"'''* And the juiois of tliat jury by the faid flieritt for that purpofe impaneled to wit, X. P. W. P. and ten otheis being called come, who being elected tiled and fvvcrn to fpeak the truth of Douglity and upon the premilcf, fay upon their oath that the iairelaid, in the indicl.:ient aforelaid. above fpecified in the manner and foim as by the laid indirtmcnt above againft him is f.ippofcd, and that the faid P. D. hath no gooils or chattels, lands or tenements to the knowlcrecept in the iliij record iven- tioned thelheriif is commanded that he caivfe to come I?, &c. ■who neither to the faid lord the king n<-r him the faid ?. aie in any Wife of Inn, where as this word " fiehher " on}:',ht to have been omitted, and fo in that in like manner there is maHilcft error, and this he is ready to verify, wherefore he prays jud"- Kient, and that the judgn-ient and attainder aforefaid, for the errors atortfaid, and lor others in- thcrecoid and prccefs afore- faid, appearing may be reverfed, annulled ami entirely held ' nought, and that he the iaid P. may be reftored to the com- mon law and to ail things which he Ivath loll by occafun of the iaid attainder, and that he as well of the faid convir the Taid tenants. errors, and others in the record oi conviciitn and attainder bein^ loiind may be rtverli-d and anrmile*.!, ami eniirely held ior nouglit, and ihat he may he rtflored tothe tcmmonlrxv and to all things which he hath loit by occadon oF the jiid;^ment, and attainder afosefaid, and th:u he 01' the judi^rncnt and at- tainder aforeiaid, may by tiie court licrs be dilchar^^cd and diriiiilTcd, &c. (jic. The King .^ni;^ Sionc. *P. 238. _ . T' HE lord the kino; hatli fent to his lufliccs aJa^ined ,,. . , To wit. I 11- 1 • 1 £■ 1 /• o r'^ ,- kvr.t f>f er- •*■ X to deliver his goal ot t;ie county ot bomerlet, or ,-0^ diieft. *< the priToners being therein, and alfo to tlie keepers of hi= tothejuf- pcace and to hi? juilices affigned to hear and determine divers tices cf tlia felonies, trcfpafles and other mifdceds in the faid county per- V'^^'^^ ^^'■^ petrated, his writ clofe in thefe words to wit, Charles itie fc- 'J].''" J"''";-^ cond by the grace ot (jod, &c. to our julhces alligned to de- ]-,,,.^rv of" the ]iver our goal in the county of Somcrfet of the priluners being ccunty gf therein and alfo to the keepers of the peace in ihe faid county Somerfct. «nd to our juliices aliigned to hear and deteririine divers felo- nies, trefpaffes and other mifdeedi in the laid county perpetra- ted, greeting, bf cauie in the record andprocels ot conviction of Peter Stone and Ed. Ivy, ior lelony and robbery whtreof th-ey are indicted, and by a certain jury.ot the country are convif^c-d,as it is faid, manifelt error hath intervened to the great damage of the fiid Peter and Edward, as we have underltood fiom their complaint, we v/llling that the error if any there hath been in the due manner by corrected and that full and fpeedy juftice be done to the faid P. and E. in this behalf, co.Tiniand you that it judgment bo given thereupon, then tliat you fend the record • and procefs aforefaid, with all things touching tiie fame, to a*, under your feals dlflin6lly and openly, and this v. ri', f-> Y ji 2 . that Attainders for Trcafon, kc. tliat v/e may have them on the oflave of St. Flilary, wherefo- ever we {hill then be England, that the recoid and procefs afoiefaiJ, being iiifpetflcd we may further caufe to be clone thereupon for conecling the error that which of right and according to the Jaw and cuftom of our jK fiom their Jivts aid put, and thirty pounds in monies numbered or Ivy -o . of the goods and chattels and monies of the faid J. P. in the the noi ey king's his;h way, then there found ; from the perfon of the ot PJymptcn fqjf} J, £_ then and there fclonio;:lly and violently did Heal, take and carry away againft the peace of the laid lord the now king his crown and dignity, cic. and aiterv.aids to wit, on the oih day of Auguft in the 14th year a fort faid, at the faid general delivery of the goal of the lord the king of the hud cownty held at the city ot -Wellt, in the laid county before R. F. arid J. A. the juiiices aforelaid, the faid P. S. by G. S. efquire, then and there fheriif tf the county aforelaid, was broi'ghc to the bar in his prop*r perfon, and forthwith Plesd not being demanded of the premjfes above charged againlt him, guilty. how he will acquit himlclf thereof faith that he is not guilty thereof, Attainders for Trcafon, ^:c. thereof,and thertof for good and evil puts n'mfclfiipcvn ihe.roun- tv, amis. W. efquire, who for the lord the kin;^in this b-j- half profeciites doth the like, &c. wherciipou the (iiciifr of the county aforefaid. was commanded that he caufe to come immediately i2, iScc. of the neig]ilx)ii:huod ot Hoiditon, aforefaid, in the county aforefaid, and who neither, &c. to recognize, &c. and thereupon H. A. W. B. and lo otheis, jurois by tlie faid (herifffor this pur j>oft impaneled being call- ed come, who bein^ elecfttd, tried and Avoin to fpeak the tiuih ^'*"'''' ^ '=■• ot and concernino the premiks lay upon ihcir oat'i aroieiaid, ■that the laid P. S. is guilty of the pit mifes in the indi(fbnent aforefaid, above a;2,«iinit hiin charged, in the manner and lorm -yr^.^t;^). as by the faid incliiftiient above againit hiin is luppotcd, and guia,. that he the laid P. S at the time of the commiflion of the felony ar.d robbery in the ind(5tnient aforelaid, Ipeclficd or any time afterwards, had no goods or chattels, lands or tenements lo the knov.ledge of the faid jurors, and thereupon the faid P. S. being afked by the juftices aforefaid, if he hath or know- cth any thing to fay for himfelt, wheiefore the court and jul- tices here, &c. ought not to proceed to jud Mnent and executi- on of and upon the premifcs againll him the faid P. S. which P. S. faith nothing further except as betore he hath faid, there- fore it is conlidered by the faid juftices and the court here that the laid P. S. be hanged by his neck until that, &c. ;." '^'r^^";^„ A 1 /- I • 1* r 111- /- 1 "' execution And aitetv.aidsto WJt, at the lame geneial delivery or the goal of the lord the king, of his laid county of Somerfet, Another in- held at the city of Wells aforefaid, in and for the faid county Jiament on the faid 9th day of Auguit, in the 14th year aforefaid, before pvcfeired a- the faid juftices, by the oath of good and lawful men, of the gainft St^ne faid county of Somerfet, before that time impannelled, fwoin and f,,j ^^f charged to enquire if';- the faid lord the king and for the body joaldelivery of the faid county it is alfo prefented, that P. Stone of W. ii,r tl\e fame in the county aforefaid, glazier, on the 28ih day of Alatch ribiierv ai in the 14th year of the reign of our lord Charles the 2d, &c. pi'.ixipil. with force and arms, &c. at H. in the faid county in the king's highway there in and upon Edward Ivy and Joan Plympion widow, in the peace of God and of the faid lord the nov/ king, then and there being, felonioully did make an afiault, and them the faid E. I. and J. P. in bodily fear of their lives did put, and 3CI. iu monies numbered oi the g ,'od^ and chat- tels and monies of the laid J. P. in the king's highway there found from the perlon of the faid E.I. then (Scthere lelonioufly and violently did Ileal, take and carry away agninil the peace ot the iaid lord the now king his crown and dijinity,Ccc. And the juiors Asd agiin.lt aforefaid, upon their oath aforefaid, turther prefent, that E. Kdward ivy I. of vV, in the county aforefaid, geni. before the telony and ^^ ac^-.:!a;) robbery afcrefaid, in the form aforefaid, committed and per- i^^^''' '*'* pctratcd to wit, on the 27th day ot Marci), in the 14th year aiorelaiil Attainders for Treafon, kc. afoiefaid, at W. aforefaid, in the faid county * him the f«id *P. 2Q0P-S. lelonioully to commit the felony and robbery aforefaid, in the manner and form aforefaid, with force and arms, &.c. felcniouflv did ftir up, move, abet, counfel and procure ; and the faid E. I. after the felony and robbery aforefaid, in And as ac- the manner and form aforefaid, fo committed and perpetrated, ceffaryafter to wit, On the faid 2Slh day of March, in the 14th year afore- the faa. faid, he the faid E. I. knowing the faid P. S. the felony and robbery aforefaid, in the manner and form aforefaid, fo to have committed and perpetrated, the faid P. S. at W. aforefaid, in the county aforefaid, with force and arms' &c. felonioully did receive harbour, maintain and com- foit againft the peace of the faid lord the now king his crown and dignity, &c. and afterwards to wit, op the 9th day of Auguft, in the 14th year aforefaid, at the faid general delivery of the goal of the lord the king held at the city of Wells, in and for the faid county, be- fore the faid juftices, the faid Edward Ivy, by the faid G. S. then fheriff of the county afoiefaid, in like manner was brought to the bar in his proper perfon, and forthwith being Ivy pleads demanded of the premiffes above charged againft him, how not guilty, j^g ^.uj acquit himfelf thereof, faith, that he is not guilty thereof, and thereof for good and evil puts himfelf upon the country, and the faid S. W. who for the lord the king in this behalf profecutes, doth the like, &c. whereupon the fteriff of the faid coHnty was commanded, that ne caufe to come before the faid jufiices immediately, 12, &c- of of the neighbourhood of H, aforefaid, in the county afore- faid, and who neither, &c. to recognife, &c. and thereupon J. C. T. C. and 10 other jurors by the faid fheriff lor this purpofe impanelled, being called come, who being defied tried and fworn to fprak the truth of and concerning the premiffes fay upon iheir oath, that the faid E. I. is guilty ot the premiffes in the indiflment aforefaid above to him charged, in the manner and form as by the faid indictment above againft him is fuppofed, and that he the faid E. I. at the time of the committing of the faid felony and robbery in the faid in- diftment fpecified, or at any time afterwards, had no goods or chattels, lands or tenements to the knowledge of the faid jurors ; and thereupon the faid E. I. being afked by the faid juftices, if he hath or knoweth any thing to fay, wherefore the court and juliices here, &c. fhould not proceed to judge- ment, and to execution of and upon the premiffes, aga'nft him the faid E. I. which E. I. then faith nothing farther, except as before he hath laid ; therefore it is confidered by the faid juftlccs of the court here, that the faid E. Ivy be hanged br ju gment. the reck until that, &c. And afterwards, to wit, pn the faid Verdidt that Ivy is guilty Attainders for Treafon, ^c. 9lh day of Aiiguft, in the 14th year aforefaitl, at the faid ge- neral delivery of the goal, of the lord the king, of ihe county afortfaid, held at the city of Wells afoiefaid, in ihe county Ex-.cuiion of aforefaid, before the faid jallices, the execution of the faiil ^'^ ' »*='r'^" judgment upon the faid P. iitone and E. Ivy, by the fpccial vvanant or mandate ot the lord the king was refpitcd until j ^,,^.,.5 „,. that, &c. And afterwards the faid P. S. and E. I. by letters tcntof par- patent of the lord the king, made under the gieat ital of Eng- don for both land were pardoned, and at the general di livery of the goal of the loid the king, of his county of Scmcrfet, of the prifoners being therein held at the city of Bath, in and for the laid county, on Wtdncfday to wit, the 24th dny of Auguft, in the if th year cfihe reign of our lord Charles the 2d. &c. before AJatthew Hale, knight, chitf baron c^f the Exchequer of the faid lord the king, and John Archer, knight, one of the Juflices of ike laid lord the king of the bench, being juflices of the laid loid the king, aflignerl to deliver his goal of his county of Somerfet, of the pii- foners being therein, and to prelerve the peace in the faid county, and alfo afligned to hear and detemiine divers felonies, trefpaffes and other mifdetds in the faid county, they the faid P. S. and £. I. being alked and each of them being aflred by the jultices aforefaid, if they '^ have or know ^p any thing to ^ay for themfelves, or if either of ihem haih ^' 29 I* or knoweth any thing to fay for himfcU, wherefore the court and juflices here, &c. fhould not proceed to judgment '^,"^. , ^• upon the prcmifes againfl them, the faid P. S. and E. I- pgl^on at"^ and each of them, they the faid P. S. and E, I. feveraliy thealTizes. pray the benefit of the faid letters patent, of the faid lord the king, to be granted to them in this behalf, and it is gran- ted to them, &c. And now to wit, on the Saturday next alter one month of Eafter, before the lord the king at Weftminfler, comes the faid Fdwaid Ivy, in his proper pcifon, who is ccmimitted to the n.aiflial. Sec. and immedi- „ ately faith, that in the lecord and procefs aforefaid, andyj-^fj.g^ aifo in the giving of the judgment aforefaid, there is mani- feft error in thif, to wit. That it doth not appear by the faid record, that the faid Joan Plympton, at the time of the perpetration of the felony and robbery aforefaid,. was put in bodily fear of her life, but that the faid Joan Plympton, was put in bodily fear of her life, and the words "then and. there" are omitted, therefore in that there is manifeft error, alfo there is error in this, to wit, That in the writ of venire facias jtnatores, the' fhentf of the county of Somciftt, -was commanded that he caufc to come 12, &c. whereas it ought to be h commandec?, —and who neither to the faid lord the kinjj, lior to the faid Edward Attainders for Ticafon, &c. lEdward Ivy arc in any wife of kin, Wrhereas this word "nckJier," ought to have been omitted ; and in that there is manifeft er- ror; therefoie he prays, that the judgment aforefaid, for the errors aforefaid, and others in the record and procefs afore- faid being lound, may be reverfed, annulled, and be entirely held for ni any part thereof, and this he is ready to verify, &c. wherefore, &c- and the faid J. W. Wm, Ivy oiher*vife F. faith th^t he is nor, nor on the day of the ilTuing *'i^ 4th tea* of the faid writ of fcire facias in this beh,?lf or at any time i"|^ *"^Pke afterwards was tenant of the freehold or freeholds aforefaid, ^^j^ ^c ^^ in the return aforefaid, mentioned nor of any part thereof and leFacias this he is readv to verify, &c. whereJore, &c. and the laid W. Ivy prays oyer of the faid writ was not feized ot the faid tenements, for plea faith, that the ''[^'""iV'^ laid plea of the faid W. 1. in the form afoicfaid 2b?)ve plead- ed, and the matter in the lame contained, are ijot fuiHcient in law, to vhich he hath no necefluy, neither is he bound by the law of the land iii any manner to anfwer ; wherefore for want of a/iifficient plea of the iaiJ W. in this behalf, tlie faid E. L prays judgment, ajid that he to the icnemenis aforefaid in the return of the faid v.'ilt of Scire Facias mentioned, may be rcitored, 6cc. And the faid W. I. by his attorney aforefaid * p ^q v comes and faith, that the laid plea by him, tlie faid W. Ivy, ' "*" in the manner and iorm aforefaid pleaded,* and the matter in Toinder in the fame contained, are good and fufficient in liw to pieclutle Demutrer. the faid E. I. from having reftltution of the. tcneme;;ts alore- laid, in the faid return of the laid writ of Scire Facias menti- oned, and this he is ready to verify, wherefore the faid W. I. prays judgment, and that the faid E. I. may not be rcftored 10 the faid tenements, in the faid return of the writ of Scire Facias mentioned ; nor to any part thereof, «SiC. &c. Sec. The Kiug againjl Ilolles and olbers Michaelmas, loth Chi^rfles 2l1. RoII']^. E it remembered that Robert Heath, knight. Attorney- An iuTcr- general ot the lord the now king, who for the faid lord mation in the king, in this behalf profecutes, in his proper peifon ''^^ King'f- came here into the court of the faid lord the king, before ''^'''^|! V the king himfelf at Weftminfter, on the Wednciddy next kTiL rU*. after the morrow of All Souls, in that fajne term, and for Valcmmc the faid lord the king, brought here into the court of '"1'^ l^cnji If jhe faid lord the king, before the kinj; Liinfcif, liicn thcie, TloCes.efqr* B Attainders for Tr^ftfon, kt. ilie houfe •fa certain information a£rainft John Eiiiot, late of London, eommcns. kniglu, Bcnjaifiin Valeiitinc, laie of London, efquire, and t'Jch^lla ^^"?ill Holies, late of Lonloii, ei;quire, which foUowi in thef^id thefe words, to wit. Be it remembered that Robert Heath, lioufe J . linij^ht, Attorney-^eneial of the lord the now king, \rho and for for the faid lord the hinj;, in this behalf profccutes, in his affauiting proper perfon, comes hcie imo the coiirt of the faid loid arVf rciBs'^^^ '^^"^"^^ before the Idng himftif, ai Weilminiler, on the him CO fit in Wednefday next after the moriow of AH Souls, in this fame theduir af- term, and for the faid lord the king, gives the court heie to ter the king underfland and to be iniormed, that whereas the faid lord had fignifita ^]^^ king, for diver* weighty and urgent affairs, concerning thit'^the "^' ^^'^ "^^^"^ ^^^^ '^^ '^'"h' ^"'^ ^^^ ft^^^ ^"*^^ defence of his king- ),f,ufe fliould dom of England, and the church of Er.gland, had ordained lie adjourn- that hifi certain pariiamcnt fhould be held at his city of pd, Weftminfler afcrefaid, and whereas thereupon his certain parliament, In the due manner was begun and held at Weft- iirinller alorefaid, on the I7ih day of AL^rch, in the 3d year of the reign of the faid lord the king, and there by divers prorogations continued until ttie 10th day of March, in the 4th year of the reign of the faid lord the king, on which loth day of March, the faid parliament was diffolved, an4 whereas before the faid 17th day of March, in the 3d year aforefald, to wit, on the i6th day of March, in the 3d year aforefaid, John Elliot, late of London, knight, in the due manner was eledled and returned one of the knights for the ^ount)-- of Cornwall, to fei ve in the faid parliament, and V/ljereas alfo, Benjamin Valentijrie, late of Londc^n, efquire, on the i'aid i6ih day of A-Tarch, in the 3d year aforefaid, in the due manner was eltcted and retuinetl one ot the burgeffes for the borough of St. Germains, in the laid county of Cornwall, to ferve in the frid parliament ; and whcieas alfo, Denzili Hollfs, late ol London, efquire, en the faid i6th ij the king;, and his other lubjefty, to fow, piotine and (lir up, and *hcruleand government ot this kingdom ofEnjdand, as vvtdl in the faid lord the king as in his coiinfellors and fenants of every kind, totally to depiive and weaken, and tumult and confufion in all ftates and parts of thi? kingdon of England, to introduce, and to the intent that the true and liege fubjecfts of the faid lord the king might M'ithdiaw their cordial love from the faid lord the king .• in and during the parliament aforefaid, to wit, on the 23d day of February, in the 4th year alorefaid, at Wei^minfter aforefiid, in the commons houfe of parliament there, and during the fitting of the faid houfe, the knights, citizens and burgeffes then and there being affembled, and in their prefence and hearing faliely, malicioufly and ftdiiioully' thefe falfc, feigned, malicious and fcandalous tnglifh wordy, with a loud voice did fay and publilh to wit, " The king's privy ccfuncil, all his judge'', and his coui;,- cil Itarned, have corffired together to trample vnder their jeet, tJ^e liberty qf'the fuhjeiis of' this real.u, and the privileges qf\lhis houe/," (meaning the privileges of the faid commons houfe of parlia- ment) offummpning parliament and of continuing, adjourning, proroguing and dilTolving the fame, belongs to the lord the Icing, and of right appertains to his will and good pleafure ; and whereas the faid lord the king, for divers weighty rcafons fpecially moving him to this on the 2d day of March, in the 4th year aforefaid) did ordain that the faid parliament fhould be adjourned, from the faid 2d day of March, until the loth day of the faid month of March, then next enfuirrg ; And. the faid lord the king on the 2d day of March in the 4th year aforefaid, at Weflminller aforefaid, did command the faid John Finch, then the Speaker aforefaid, that he on the faid 2d day of March, to the kni,ghts, citizens and bujgcfTes ia the comTiions houfe of parliament then and there afitm- bled, the good pleafure of the faid lord th.- ting ihould iig-. nify and make known, that immediately after that lignifica- tion fo made, the faid commons houfe, by the faid knighti, citizens an4 buigcffo*, fliould be atljourned until the loth dar of March then next -«iiiuing j alw! thereupon the faid John finch on the iaid 2d day of March, ai Weitminltrr atorcikid, to the knights, citizens and burgcffes in the fdid commons houfe of parliament then and there affembled, during the fating of the faid houfe,, publickly did fignity and make known the laid good pleafure of the faid lor and before the fpeaking and publilhing of any of the words aforefaid, by the faid J. E. andD. H. fpoken and publilhed on the faid 2d day of March in the 4th year aforefaid, he the faid J. F. the faid fpeaker * at Weftminfler aforefaid, in the houfe aforefaid, then being out of the faid chair, in and upon the laid J. F. and then and there in the peace of God and of the faid lord the king being, did make an aflault, and the faid J. F. did ill treat and vio- lently and with ftrong hand, and unlawfully againft his will into the faid ckair, did drag, thruft and force, whereby a great tumult and a dangerous commotion and confulion in the commons houfe aforefaid, and great terror to the faid knights citizens and burgeffes then and there alTembled, thenand there were moved and Itired up, againft the duty of their allegiance, in great contempt and to the maniftft dilherifon of the faid lord the king and in derogation ofhis perfon, rule and royal pre- rogative, and in fubverlioh of the laws and ftate of this king, liom of England and to the great fcandal, and diihonoiir of the counfellors of the privy council of the lord the king, and of the nobles, prelates and peers of this kingdom of England, and of the juftice and the juftices of the faid lord the king, and to the difturbance and terror of the commons in the faid parlia- ment fo as aforefaid alfembled, and alfo to the evil and perni- cious example of all others in the likecafeoffending^ and againft the peace of the faid lord the king his crown and dignity, &c. and alfo againft the form of the ftatute, &c. wherefore the faid attorney, &c. whereupon the Iheriff was commanded that he do not omit, &c. but that he caufe them to come t» ~..g anfwer, &c. Defendants And now to wit, on the Tuefday next after the oftave of feverally St. Martin, in this lame term, before the lord the king, at plead th'ut Weftmlnfter, come the faid J. E. knight. B. V. and D. K. they were in their proper peifon?, and the faid J. E. having heard, the naejnbtrs of ^ '^ '^ ' fgjij Attainders for Treafon, kc. faid information, he the laid [. as to the funpofed trefnafs, f^^^|'^|"'='^' J rr r j- ■ j • t. r • j • r • that tie of- contcmpt and orrence aioreiaid, in the ia;d Huoi:iation nicn- f^jj^-g^^g^g Mojicc], in ipeaking aud : ablilliing the faid Englifli v.'ort!?, cotrmitted in the information aforeirid above rcitt^^d, niid to the faid J. in p^ilia- by the faid inforn-aiion, iii (he I'orm aforefaid chaigcd, faith, nif-nt and that he doth not apprehend th'U the faid lord the kin;;, of ;'Jf^';'^"'^'^'J or for the faid fuppcfcd lrfr|)af5i contempt and offence to and dcter- him the laid J. lo chaigtd, in the court of the faid lord the m ned, and now king here, will or oiij;ht to be anfwered, becaufe he not in the faith that the fuppofcd offence, trefpafj and ccntempt, in !^'"^,^' fpeaking and publiih:ng the faid Engbih words, in the faid '""^ '' inibrn.ation inentioned, and to the faid J. in the form afore- faid charged, in nailiament, and not in the court of the lord the now king, here ought to be heard and detcrziiined, &c» And the faid John further faith, that he on the faid i6t}i day of March, in the 3d year afort'laid, in the information atorcfaid menuoned, in tKe due manner was elected and re- turned, one of the knights for the county ot Cornwall, to lerve in the liiid parliament, as in the faid iniormation is above mentioned, and th;u the faid John at the time of the iiippofed Oifence, trefpals and contempt aforefaid, in fpeak- ing and pub)i(hing the laid Englifh words, to him the faid John in the form afore.'aid charged, and during the whole time of the parliament aforefaid, at Wcftminiier aforefaid, was nnd * remained one of the knights for the county of *p^ oqq Cornvva!!, in the faid parliament, and this he is ready to * verify; wherefore becaufe in the information aiorefaid, it evidently and phiinly appears, that the fuppoled tiefpafs, contem.pt and offcmc aforefaid, in fpeaking and publ'lh'ng the laid EiiglitTi words, to the faid John in. the form aforefa>!l charged, and by the faid information fiippcfed to be com- mitted, was committed in the laid commons houfe of pailiamjciu aforeiaid, in the jiailiament aforefaid, he the ^'aid J. piHvs Judgmei t, if the fiid lord the now king here, of ;he contempt, treipafs aiid oiTcnce aforefaid, as to the riiigiifh words aforefaid, by him the laid J. in the pnrliament aforefaid, in the form aforefaid, fuppofed to be fpjken and publiihed, in thecouiS r the faid bo- rough of Dorchefler, in the fjid county of D^rfet, to ferve in the parliament aforefaid, as in the faid information is above mentioned, and that the laid D. at the time of the fuppofed offence, trefpafs and contempt atbrelaid, in fpeak- ing and publifliing the ftid f_>nglifb words, to the faid D. in the form aforefaid char.v/d, and during the whole time ot the parliament atbielaid, at Weftminller aforefaid, v.as and remained one of the biir^efes for the faid borough of Dorchefler, in the faid parliament, and this he- is ready to verify •, wherefore and becaufe that in the faid information it evidently and fully appears, that the fuppofed offence, ticf- yafs and contem|^ aforefaid, in fpcak-ing and publiiliin^' the 3 A 2 - ° faiJ Attaiudeis for Treafon, &c, faid EngliA words, to the faid D. in the form afoicfaid char- ged, by the faJd infomnaiion fuppofed to be committed, waS committed in the laid commons houfe ot" parliament, afore* faid, in the faid parliament, the faid D. prays judgment> ment, if the faid K>rd the now king of the offence, tr^fpals and contempt aforciaid, as to the faid Englifh words afore- faid, by him the faid D. in the parfiament aforcfaid, fuppofed to be fpoken and publiihed, in the court of the faid lord the now king here, will or oujjht to be anfwered •, and as to *p ^^^ entire refidue of the fuppofed offence, trefpafs and con- i:^. 301' tempt in the information aloreiaid mentioned, * to the faid D. above in the fojm afoiefaid charged, the faid D. faith, thnt he doth not apprehend that the fiid lord the now king ol or for the faid refidue of the offence, trefpafs and con- tempt afcrcfaij, in the fdid inlormation mentioned, to the faid D. above in the form aforelaid charged, in the court of the faid lord the now kin^ hcie, will or ought to be an- fwered, becaufe he faith that the faid refidue of the fuppokd offence, ticipafs and copicmpt in the information aforciaid a- bove fptcifitd, to th;- laid D. by the faid information in the form aforcfaid charged, in the parliament, and not in the court oi" the ja'd lord the -^ow king here ought to be heard and determi- iied; and the faidD. furiher faith, that he on the faid i6thday of J'.'iarch, in the 3d year af uefaid, i?i the information aforcfaid mentioned, in the due manner was elefted and returned, one of the burgcffes for the laid borough of Dorchelter. in the faid county of Dorlet, to fe; ve in the parliament aforcfaid, as by the faid information is above mentioned ; and that he the faid D. at the time of the refidue of the fuppofed ott'ence, treipali and contempt aforefaid, to hin in the form aforcfaid charged, and during the wh<-le time of the faid parliament, at WeUminfter aforelaid, was and remained one of the burgeffei ior the faid borough of Dcrcheffer in the faid parliament, and this he is ready to veiily ; Wherefore and becaufe, that in the faid information it evidently and fully appears, that the faid refidue of the fjppofcd offence, trefpafs and contempt afore- faid in lire faid information mentioned, to the faid D. in the form aforefaid charged by the faid information luppcftd to he coinmitied, was committed in the laid commons houfc of of pcirliamcnt aforelaid, in the faid parliament, the faid U. prays judg.iicnt, if the laid lord the row king of the faid re- fidue oi' the fuppofed offence, trefpafs and contempt in the iniorn ^lion afortiaitl m.entioned to the laid D. in the form aforefaid charged, in the laid parliament, in the form afore- fa'd fuppofed 10 be committed in the court of the faid lord the now kin^', here, will at «Aight to be anf.vev.ed, &c. Demurrer And the laid llobcit iit:ith, kni^^ht, who jirofccules, &C. 1 y the At- ;< s AtLainders for Trcafon, &c as to the faid plea of the laid J. liHIott, foi iht Lvd loivl die t-iney go- king faith, that the laid plea of the faid J. In the forui sfoie- nt^'a'^o »'"" fald pleaded, and the uiatter in the faid pica cou'aiiicd, aic ^ y, '^^^' not firfficient in law, to preclude the court here tiorn ihiir ja- il (diAion, to hear and deteioiine the cft\.nce, tuCp-;!:: and contempt in the infoimation aforefaid iTitntioiud lo tht laid J. by the faid information, in the torin aforefaid charged •, wherefore for want of a fuflicient anfwer in this bchalt, he prays judgment, and that the faid J. to the laid lord the king in the court here may anfvvcr of and upon the prtinilfeb, &c. And the faid K. Htath, kiijoht, -who profecutcf, :chequtT, of the faid lord the king, here in court ihevvn, and the iaid at- torney general of the faid lord the king, for the faid lord the king acknowledges the faid lord the king to be thereof fatis- fied. Therefore let the fai!r prefcnt parliament, dillin the law an-i cullom of our kiy^^ l^m of England, fhall be to b< done. W unef? ourfelf at Weitminfter, the twtlfih day 'I Februaiv, iij ihc tweraicth year ol ouritl-'n. ** -ft ~ ■ f', jrhttry . By virtue O! which vviit, th.e faid chief juflice the record '^l^^.''^.'"*' . a lore p"^}! id, to the lord the king, in the prefent parliament,']^!'' ^"II'!* • , ,• 1 J 1 L I J I- ' 1 ' dell' er» tn« ..;t!i his proper hands hath pioduced, according to the com- record. .ind of the laid writ. And alterwards to wit, on the eiphth (|.)7 ot March, in the 20th year oi the reign of the lord Charles, the fecond the now king, befcre the king hitrfeif, in the prefent i)arliamf nt, comes (he faid D. H. now lord Holies, baron of Ifield, by Samuel Aftry, his attornf-y, and faith that . 'h-!_'e- )r 1 .i.id pr >.-.of- -ifoieiaid, ^^ and alfo in the giving of, '. fnid jii.i^^rr.cnt there is .i;aniiplt enor, iq wit, in this that^"^°? ^^' i o the Attainders for Treafon, kc. the v.'ords in the faid information mentioned, to be fpoken and publifhed i'lv the commons houi'e of parliament, by the iaid D. H. now Irrd Holies, then being a burgel's lerving tor the borou^li of Dorchctter, in the then prefent parliament, <)uoht by the li-.w of the land to be heard and determined in p ^ the commons houfe ot parliament, anfl not in the court ot the r ^OO. lo^j f},g hi^i; ; and in this, that by the information * in the faid record mentionet!, the faid D. H. now lord Holies is charged with fpeakini:; and publilhing certain words in the commons houfe of parliament, and alio with a trefpafs and af- fault done with foree and arms upon John Finch Speaker of the commons houfe oi parliament, to which the laid D. H. now lord H. did plead two feveral pleas, neverthelcfs oniy one judgment wa? given by the court upon both, and one fine, whereas two judgments ought to have been given, and two fines ought to have been iinpofed y becaufe, it perchance the trefpafs and affauit might or ought to be heard and determin- ed in the court of the lord the king before the king himfelf ; neverthelefs the i'peaking and publiihing of whatfoever words in the commons houfe of parliament, by the burgelTes fervin» in the faid parliament, elfewhere than in parliament, ought not to be heard or determined, it hrgt in Cro. Car. 181, 1S2, and 6q^ f 6 10. Attaiiideis for Treafon, kc. The King ngcirifc Haiiibdcn P. 30 M'ddlcfcx^'^Yii^ lord the !-in^ liaili fent to liis jullices, af- Certiorari To wit X limned to t^nciuirc by the oath ot" good and '-"t ot the lawful men of the county of Aiiddlcft'x, and by other ways, V'"^'^*'" '~^** nreihods and means, by wJuch thty might or could t "Ow ti,^ • (^;p^., belter, ot" certain tiealons, niilprifions ot" treai'on^, infur- oU)3cr and redtlons, rebellions, counttriciiingf, clippings, wafliing;, Terminti, falfe coinings and otiicr fa liiiitt- ot the monies of this king- i" ''^^ dora of England, and of other kingdoms and dominioiis •'■''*.'^",.°^_ whatfoever, and of ail other oifences and injuries vvliatfoevcr, f v of Kew-" and alfo to his jultices alCgned to deliver his goal of K'evv- ;^;.n;, and gate of the prii'oners being theiein, and alfo to the keepers to the of his peace, and to hi^ julticcs affigntd to hear and deter- J^'^'ces of mine divers fploni^ss, irelpaffcs and other mifdecds in the [l'^_ P^^"^*^ ^^". faid county perpetrated, and to every of thtm, his W' it Mlddiefe.N ' clofe in thefe uord», to wit, James the 2d by the grace of and every 0;' God, &c. To our jiillices aliigned to enquire by the oath ihem, to ic- of good and lawful men of the county of Middicfex, and •"' ^>=3 rc- by other ways, methods and means by v.hich they might or ^.'/i,'' °^ '^""' could know better, ot certain treaims, milprifions of trea- loimHa'rib* ijjns, infurreftionr, rebellions, coiinterfcitings, clippings, den, i^c-nt. waftiings, falfe coinings and other falfities of the monies for >:ii;li of this kingdom of ll^ngland, and of other kingdoms and T^^^'o"^' H gu oath prelent, that John Hambden, late or" the parilh ol St. Tf*-'-' '';• a- Giies in the fiehi^, in the county ol" MiddJertx, oeiu. as a f"^'" , ^f!^' , ,,. . ■ n 1 ii MI 11 • 1 ji II its the 2d Uy lalie traitor aj:;ainlt the molt iUaunou5 and molt cxccilcnt ^Qnfpj,.ino ,,> prince, the lord Charles the Iccond, late king of England, d fc ^nd ■ ° „ , rev and an ™oney and great numbers oi armed men, traiterouiiy to levy ar , y to ^nd make war and rebellion againlt the iaid late lord the king, make war within this kingdom cf England, againll the duty of hif al- upon the legiance and againft the peace of the faid lord the now king, '"S* his crown and dignity, and alfo againft theform of the Itatute, tn^btnut '" ^"^^ ^^^^ made and provided, &;c. whereupon the fhtriff of tit>c concU- ^^ county of Middlcfex is commanded that he do not omit, Jion to have &c. but that he take him to anfwer, &c. And that at the de- i^' the premilcs * above mentioned, iiiay be and (hall be good^ valid, firm and effe(flual in law, although the crimes and offences aforefaid, are not certainly fpecified, and that this our pardon in all our courts and elfev. here, be interpreted and adjudged in the moft beneficial fenfe, for the molt fure rfltafing, pardoning and diicbarging of the faid J. H. and alio that tkfy ihall be pleaded and allowed in all our courts^ without any writ of allowance, in that behalf firlt obtained, or to be obtained, notwltaflandlng any dcfe4^/^',';"7/'^ yrocefs aforcfaid, and alio in the giving ot the judgment of attainder ;jfoiefaid, there is maniiell error in 'Jiii, to wit, that whereas by the record aforclaid, it is mentioned, that the delivery of the goal, in the record o.f ihe judgment and attainder ^foreiaid rtientioned, was held lor the county ot Middlefex, at Jufiice-hall in the old Bgily, in the fuburbs of the city of London, and it doih not appear by the faid record, that Juftice-hall or the old B'ial delivery, therefore in that there is manifcit error ; alio ikere is error in this, to wit, that it doth not appear by the J C 2 ■ " faijj Attainders for Treafon, &c. faid record, by what authority the juftfces of goal delivery, in the faid record meiuioned, gave the faid procefs and judg- ment aforefaid, againlt him the faid J. H. upon the faid in- dflment, therefore in that there is manifelt error ; aifo. there is error in this, that upon the giving of the judgment in the faid record mentioned, it doth not appear who there was, ■who on the part of the ioid the king, for the faid lord the king, prayed judgment upon the convidlion of the matters in the faid indiftment mentioned, therefore in that there is ma- niielt error ; alfo there is error in this, that in the faid recoid ' it is faid that at the delivery of the goal of the faid lord the ting, of Newgate, held for the county of Middlefex, at Juilice-hall in the old Baily, in the fuburbs of the city of London, on Wednefday to wit, the ninth day of December, before the juftices of goal delivery, in the faid record men- tioned that, that delivery of the goal was adjourned by the faidjuftices, whereas it ought to be faid is adjourned, and not to be expreffed by way of recital in the paft tenfe, and in anoiher place in the faid record, it is faid that the faid de- livery of the goal was held, whereas it ought to be expreffcd, 75 held, and not that it was held, becaufe in the pafl tenfe, it is mere recital of the holding and adjourning that court, and not the pofitive a(fi of the faid court of goal delivery, for the detcimination of that judgment, therefore in that there is ma- Tiifeft error ; alfo there is error in this, to wit, that the faid judgment is given for the faid lord the king, whereas it ought to be given for the defendant, therefore in that there is mani- feft error, and this he is ready to verif, wherefore he prays judg- ment, and that the judgment and attainder aforefaid, for the errors aforefaid, and others in the record and procefs afore- faid appearing, being found, may be reverfed, annulled and held as entirely void, and tliat he the faid John may be re- flored to the common law of this kingdom of England, and to all things which he hath loft by occafion of the judgment and attainder aforefaid, and that he as well of the laid con- vidlion and attainder as of the faid indi(5tment by the court here, may bediimilfcd and dii'charged, and that the court here may proceed to the examination of the record and procels aforeiaid, &c. and bfcaufe that it is neceffary, and expedient before that the court here fhould proceed in this behalf, that the tenants of the lands and tenements, which were of the faid John, on the 20th day of July, in the 25th year of the reign, of the faid lord Charles the fecond, late king of England, &c. on which day the high-treafon aforefaid, is fuppoilsd to be committed, or at any time afterwards, fhould be forewarn- ed to be before the faid lord the now king, ro hear the iccord and procefs aforefaid, if, :>n the premit'ss, day there- *"""• iipoii is given as w'eli to the faid J. Eur<;ers, as to the faid K. Conr-y, in tlie liate in whicli now, &c. uiilil the next delivery of the goal ol the laid lord the k\ny of K'ewi;a'e, to be held fur .the county of Middlefcx.ou Wednefday.to uit,the24th day ol Febiuary now next enfiini^, tD be held at JuliJcc-hall atort- ia'd, before the faid juIticcT, to hear their jiHiiMiiein, ot and upon the premifcs aforefiid, &c. Bccaufe that the julticcs and the court here of their judgment of and upon the prcniifes afore- laid, here thereon not as yet, &c. unto which dav and place the court here, by the faid iuiticcs, &c. is adj I'lincd, then to be held before tlie fai 1 juuiccs, &cc. to give their jtidgment ot and upon the premilcy. See Ami afterwards, to wit, at the deiiveiy of the go'il of the faid lord the l and the notes in the ?nargr: there ; and as to Ddion, it zuAs faid, lie grounded his opinion on the 7'"eur book, 3 P 2 12." Reftltution, and Pleadings thereon: 12 /7. 8 lo h. which i.< before the fiatute ; and on J Coke, ^8 ly •which IS nothing to the purpofe, as to rejiitution on the Jtatute, the Chief lifiice /aid it had been expreTsly adjudged in the time of Kelynge, Chtef juftice, that /ale in market o-vert, was no plea is a writ of rejiitution on this fiatute, but that the projecutor Jhould be re/iortd, notwithfiandino fuch /ale, and Jo it was adjudged in this cafe, and in fjud^« of the faid lord the late king, at Wt-aininller, chief iidlice to °^ »'^'"' hear and determine all pleas, as well of the crown, as aflizes of novel diiTeifin mort d'anceftor, juris utrum, certificates, attain- ders and all other pleas whatlbever.to be arrayed or prokcuted within the county Palatine of Lancallei, to beheld at Lan- cafter or elfewhcre in the faid county, and Tjniothy Littleton, knight, one of the barons of the Exchequer, of the faid lord the late king, at Weftminller aforelaid, one other juftice, to hear and determine all pleas, as well of the crown, as allues ok' novel difTeifin, mort d'anceltor, juris utnu-n, certificates, attainders, and all other pleas whatfoever, to be arrayed or profecuted within the county Palatine of LancaRer, to be held at Lancaftcr aforefaid, or elfewhcre in the faid county, caufcdtocome at the general feflions of the aflizes for the county Palatine of Lancafter aforefaid, at the city of Lan- caller, in the faid county, on Thurfday, to wit, the <^th day of September, in the 29th year of the reign of the faid lord the late king, in the form of law to be determined, &c. And whereas afterwards the procefs was thereupon continued to the next general leflion of the faid lord the late king, to hear and determine pleas of the crown in the faid county, held for the county aforefaid, at the city of Lancafter, in the faid county, on Sattiiday, to wit, the i6th day of March, in the 30th year of the reign of the faid lord the late king, be- fore William Wilde, knight and baronet, one of the jultices of the faid late lord the king, affigned to hold pleas before the faid late king himfclf, chief juftice to hear and determine all pleas as well of the crown, as aflizes of novel difTeifin, mort d'ancf ftor, juris utrum, certificates and attainders, and all other pleas whatfoever, to be arrayed or profecuted w-i thin the faid county Palatine of Lancafter, to be held at Lancaf- ter aforefaid, or elfe where, in the faid county, and Vere Beche, efquire, one of the barons of the Exchequer, of the faid lord the king at Weftminfter, one other juftice to hear and determine all pleas as well ot the crown, as aflizes of novel difleiiin, mort d'anceftor, juris utrum, certificates, attainders, and all pleas whatfoever, to be arrayed or profecuted within the county Palatine of Lancaftcr, to be held at Lancafter aforefaid, or elfewhere in the faid county ; and at the faid general feflion, the faid R. Lever, by a jury of the country was tried and convicfled of the trefpafs, contempt and offence aforefaid, in the indidment aforefaid fpecificd, to him then charged as above, in the manner and form as by the indift- mcnt aforefaid, above againft him, then was fiippofed ; where- upon then and there all and fingular i!ie prcmifes being feen, and by the faid court then fully iinderllood, It was then con- fidered by the faid court, that the faid R. Lever ihould pay to Reftitution, and Pleadings thereon. to tlie faid lord the Icing, for his fine for the trefpafs, con- tempt and offence aforefaid, the fjm of 600/. of the lawful money of England, and that the faid R. Lever be taken, &c. which record, for certain caules we have afterwards caufed to come before us, by our writ lor corre6ling error In the record and procefs of the judgment aforefaid, &c. and where- as afterwards, to wit, in the term of St. Michael, in the third year of our reign, before us at Wcfiminller, the faid R. Le- ver, perfonally appearing then and there In his proper per- fon, did afiign feveral errors in the record and procefs of the judgment aforefaid, and thereupon it was in fuch wife pro- ceeded that afterwards, to wit, in the term of St. Michael, in the 4th year of our reign, becaufe that it manifelUy appeared P.322' * to the court here that in the record and procefs of the judg- ment aforefaid, there wai manifell error, and that the record and procefs of the judgment aforefaid, were not fufficient in law any further to charge the faid R. Lever, of and upon the premifes, it was confidered by our faid court, that the judgment aforefaid, for error in the record and procefs of the faid judgment being found, be reverfed, annulled and held as entirely void, and that he the faidR.Lever, be leftored . to all which he hath lofl by occafion of the faid judgment, and that he the faid R. Lever be difcharged of the faid judg- ment, and that he go thereof without day, as fully appears of record in our court before us, and becaufe now on the behalf of the faid R. Lever, heavily complaining to us we have under- ilood that you Gervaife Staniford, John Waite, &c. or fome of you, or form one of you, have taken and feized goods and chattels of the faid R. Lever, to the value of lOOoA of the good and lawful money of England, under colour of the laid infufficient and erroneous judgment given as aforefaid, to the great damage of the faid R. Lever, we willing that jultice be done to every perlon according to the laws and cuftoms ot this kingdom of England, command you in this behalf as it is jiill that you reftore, and that each and every of you reftorc the goods and chattels of the faid R. Lever, by you or by any of you, or by any one of you, for the occafion aforefaid, ta- ken and feized, or the true value of the fame, to the faid R. Lever, without delay, and how you fliall execute this our command, certify to us on the oftave of St. Hilary, wherefo- ever we Ihall be in England, then returning to us this our writ. Witnefs R. Wright, knight, at Weftminfter, the i6th day of November, in the 4th year of our reign. There is a ncle of this cafe, as to the zcrJi of Error, 2 Lev. 223- But as to this zurit of Rcfiitution, it -uas qua/hed by the lord chief jifiice Hilt, and the •whole court of Kijig's Bench ; for that no fuck wrk Reflltution, and Pleadings thereon. •urit lustojirangers to the Record, but that a Scire Facias JJjould if- Jue to make them parties, according to the caje of Fefe and Harris, Cro. Car. 328. 'Ihis cafe of the writ of Rejiitution is reported, 1 Sh'jzu, 261, 2 Salk. 587. The King again fi Fletcher. Au'Jj'i li tor luici- blc entry, )ns The Ki»g,\ *~P'0 the keepers of our peace, affigned to hear wa^toum £^c. ) -*■ and determine (livers felonies, trelpalTes and "^^ '*'.''^^ ''J other mlfdeeds in our county of Cumberland perpetrated, and defenJiuc to the IherifFcf the laid county, and to every of ihcm, greeting, winch he Whereas, at the late general feffion ot our peace, held at travei:ed, Cockermouth, on Wednefday, in the week next after the feall afj-^ on the of Eafter, 10 wit, on the 8th day of April, in the 2 2d year of ^^^^^^J^^'^^, our reign, before William Brifcoe, J. B. and others, then gnj jifere- ' keepers of our peace ; and our jullices alligned to hear and de- upon the ttrmine divers felonies, trefpaffes and other mifdetds in the julticts county afortfaid perpetrated, it was preiented by the oath of gf^nted a J. Cockplace, and 14 others, that L. I'letcher* cfDcane,in th,e t^^tj^^'^f^o" county of Cumberland, elk. on the 6th day of Feb. in the 2 ill Vv'ooJiii on year of our reign, with force and arms, and with ilrong hand whole pof- at Ultack in the faid county, in and upon the poffeffion of fefl^on the one tenement v.'Iih the appurtenances, of one Lancelot Wood- ^^''^^ ^^^ ail, at U. aforefaid, in the faid county did enter and make ''J^'^'.™"j * an entry, (the laid L. W. being i-'^ofleiTcd thereof, until the the recod faid L. F. with force and arms, and with llrong hand did en- was lemov- and againft our peace, our crown and dignity ; and whereas ofen^r was afterwards, to wit, at the fame leliion of our peace, held at brought, and C. in the faid county, on the day and year aforefaid, before the judg- ihe keepers of our peace, and our jullices, alEgned to hear ''"^"' ^^* and determine divers felonies, trcfpalfes and mifdeeds in the ^l^^'^l^-' faid county perpetrated, came the laid L.F. in his proper per- ^^^\i of y^c Ion, and then having heard the indiftment aforefaid, then titutionilTu- faid, that he was not guilty thereof, and of this put hiailelfe'l licence, upon the country, and the faid L. W. who as well, &c, did '^''''^.'^'''!"* the like, &c. therefore that a jury come therfupoH before the ''j^J"*^"^" faid jullices, «kc. the fame day was given to the parties afore- ftiinff^o" faid there, &c. And whereas, at the general feffion of our put the de- peace, held at C. in the faid county, on VVedneltlay, in the fendant week ne^it ftjfter the lealt of St. Thomas the niartvr, to wit, •'''"'^''.^'■''^- on topylic; Reflitutlon, and Pleadings thereon. on the 15th day of July, in the 22(1 year of our reign, before W. Brifcoe and othei^, then keepers of our peace, and our juiUces affigned to hear and dciermlne divers felonies, trcf- pafiTes and other raifdeeds, in the faid county perpetrated, came the faid L. W. who as well, &c. as the faid L. ¥. in hi* proper perfon, and the jurors by the fheritf of the faid county, lor that purpofe impanelled being called to wit, John Birkett, and II others, in like manner cam.e, who being tried and fworn to fpeak the truth of and concerning the premifes, faid upon their oath, that the faid L. F. was guilty of the trefpafs, contempt and entry aforcfaid, in the faid indictment above fpecifiedin the manner and form as above againfl him was fup- pofed- Therefore it was conlidered by the court there, that the laid L. F. Ihould be taken and fhould fatisfy us for his fines, by occafion ol the treipafs, contempt and entry afore- iaid, which Lancelot then and there prefent in court did pray, that he fhould be admitted to a fine with the faid lord the Icing, for the occafion aforefaid, and thereupon to be put i a our mercy, and the fine of the faid Lancelot was^affeffed by the faid juftices to izd. to our ufe and behoof; which record we for certain caufes afterwards, have caufed to come befcue us to be determined. And whereas afterwards, to wit, in this fame term before us at Weltminfter, the faid L. F. perfon- al'ly appearing then and there in his proper perfon, produced our certain writ for correfting errors in the record and proccfs 'of the judgment afortfaid ; and whereas alfo, becaufe that it manifeftly appeared to the court here, that in the record and procefs of the judgment aforefaid, there was manifeft -er- ror ; and that the record and procels aforefaid, of the judg- ment aforefaid, was not fufficient in law to charge the faid L. F. any further of and upon the premifes ; as the faid L. F. upon the allowance of our faid writ, for correcSlLng errors in our court before us, in the faid term, hath alledged ; it was confidered then and there, by our feid court, that the judg- ment aforefaid, for the errors by the faid L. F. in the record ^_ and procefs of the judgment aforefaid, affigned, *n(i others in ' * • 324* the faid record and procefs of the judgment aforefaid beingfound *be reverfed, annulled and held as entirely void ; and that he the faid L.F.be ref^ored to all things which he hath loft by occafion of the faid judgment, and that he the faid L.F. be diioharged from the faid judgment, and that he go thereof without day, as fully appears of record in our court before us. And becaufe now» on the behalf of the faid L- F. heavily complaining to us, we have underflood, that you the faid jultices under colour of the faid infufficient and erroneous judsjment given before you, hy a certain writ of reflitution, to you the faid fheriff, or to your officers in this behalf directed, have caufed the faid tenements with the appurtenances to be refeized, and have put the faid L. W. in f uil pofftiifiou thereof s?coiding to the form and ef- Reftitution, and Pleadings thGreon. ~J feft of the writ aforefaid, to the great damage of the faid L. F. and we willing that juftice be done to every perfon accord- ing to the law and cullom ot this our kingdv^m of England^ coinmand you and each ol you, in this behalf as is juftj that if by virtue of our fald writ of reftitution, to you the faid fherifF, or to your officers in this bthall direcfled, you have cauted the faid tenements with the appurtenances to be lefeized, and have caufcd the faid L. W. to be put in full pofleiRon thereof, according to the force, form and eff eft of the faid writ, then that you caufe the tenements aforefaid, tvith the appurtenances to be reieized, and that without delay you caufe the faid L. F. again to be put into his full and peace- able pofieffion of the tenements alorelaid, with the appurte- nances, our faid writ ot reftitution, fo by you the faidjuf- tices, to you the fiid fheriff or your officers, before thereupod direfted, in any wife notwithftanding, and if by colour of our faid writcf rcltitution you have notcaufcd the tenements afore- faid, with the appurtenances to be reltired, nor have caufcd the laid L. W. to be put into full poffeifion thereof, then altoge- ther that you omit to rcfeize the tenements alorefaid, with the appurtenances, and to put the faid L. W. into the full poflef- £on thereof, and how youlLall execute this our command, cer» tify to us on the morrow of the Holy Trinity, wherefoever we Ihall then be in England, then returning to us this our writ. Witnefs'Francis JBacon, at Weftminfter, the 25th day of May, in the 33d year of our reigji. The- King -againjl Jackfon. Ike KinglYnr^O the hceptrs of our peace, and to our juf- An incilft". &c. y -X tices alfigned to hear and determine divers irent of tor- felonies, trefpaflfes aud other mifHctds in the faid county oi' '^'i^^c cmry Cumbtrlaiid perpetrated, and to the Ihcriff of the faid coun- ^nd forcijle ty, and to every of them greeting. Whereas at the late gene- w?s*found ral feffions of our -peace, held at Cockermouth, in the faid atthefcirioiis county on Wednefday, in the week next after the feaft of St. agiinft tlie Thomas the r/iartyr, to -wit, on ihe 15th day of July, in the ^^'^'^"^•""^ asdycapof our reign, before William Btifco, John Barwis '''^°,fb"^o 'th hold out, to the great damage of the faid E. W. in contempt of us, and of our peace, our crown and dignity, and alio againlV the form of the ftatute in fuch cafe, thereupon lately made and provided ; and where- as afterwards at the general feffion of our peace of the faid county held at C. in the faid county on the Wednefday in the week next after the feaR of St. Michael, to wit, on the 7th clay of 0(flober, in the 22d year of our reign afoiefaid, be- fore Thomas Lamplugh, and others, then keepers of our peace and juftices affigned to preferve the peace in the faid county, and alfo to hear and determine divers felonies, treipafles, and other mifdeeds, in the faid county perpetrated, came the faid H. J. in his proper peifon, and then and there having heard the faid indiftment by proteliation, then faid that he was not guilty thereof, but fubmitted himfelf to a fine with us, and by the favour of the faid court, and by the faid juf- tices the fine of the faid H. was affeffcd at fix pence, which record we for certain caufes, have caufcd to be fent before us- to be determined, and v/e in our court before us on the be- half of the faid E. W. heavily complaining to us, have underftood that altho fhe as aforefaid, is not polTeffed of the laid mefli'uage and 40 acres of land, meadow and paf- ture aforefaid, with the appurtenances, ncverthelefs reftitutiou thereof, as yet remains to be made to the faid E. W. fjpplica- tijig I Reflltution, and Pleadings thereon. ting us to give her fuitable remedy in this behalf, and we be- ing willing that the ftatute aforefaid, according to the form of the fame, be fulfilled in all things, command you and every x>f you, that you caufe the faid niefTuage, with 40 acres of land, meadow and pallure to be re-fcized, and that you caufc the faid E.W.to be put into the peaceable and full poffeflion ol 'he faid mcfTuage and 40 acres of land, meadow and pafture aiorciaid, according to the form of the faid ftatiite, and how you iliall execute this our command, certify to us, from the day of St. Michael, in three weeks, whercfoever we fl)all then be in England, then returning to us this our writ. Wituefs Fran- cis Bacon, at Wcftminller, the 5th «ay of July, in the 23d year of our reign. 3 £ 3 CoavIA;om> Conviftions before Juftices of tho- Peace, &c. — „,vy>.>^>5^^5>^-44 tl|g. faid earl of Saiiiiu, and the oilier- moiety thcrej.t 10 the fa'ul James Lewin, according to the fqrm and eifccl ot" the faidllv tute. * The King aga'Dift White, ajia others. *p^ ^x*. Michaelmas^ 35111 Charles 2^* lOJI one Efeu:, ") "OE it remembered, that on the i ilh day of July, cq^^j^ to wit, y -L' in the 35th year, &c. one Laurence Herd, of, &c. i>€fore 01 comes in his proper perfon, before John Mcadc, of, &c. efq; juftjceof then and as yet one of the juftices of the fard ford the king, peace, on alfigned to preferve the peace of the faid lord the king in the '"^ ^^^'^ °^ faid county of Effex, at Chelmsford in the iald county, and fo^hTnSnt' gives the faid juftice of the pe^ce to. underftand, and to be ^^ duiing informed, that one Jn. White, of, &c. T. W. uf, ice J. W. afallowdeei of, &c. and H. B. of, land, &c. we, Squire Btverton the elder, s;cnt. and T. Fid^e, jofticcsof gent, two julticts of (he laid lord the hing, aillgned to pre- 'l* P^''?^''^ ierve his peace in the laid city, and in th'i county ol' the laid ^iigp,,'^^,^ city, and W. Pyfing, g,fnt. (herilf ot the laid c/ty, at the up^nil-fir heavy complaint and humble )>eiition oi l\.i<.hard Harding, vitw i'..r ri- ot the city aforelaid, vintner, in our proper perlons repaired ciing slry- to the publick ftreet, called H'gh-ltreet, in the parllh of '""'a''^'^'- St. Mary, Bredman, and ol" all Saints, in the ward of Welt- gate, of the laid city, and in the county of the faid city, and then and there we lound Jofeph Robert 5, of, &c. gent. W. Porter, of, he. H. Ivlafon, ol, &c. and R. Ellis, of, &c. and other maUfadtors and diUurbers of the pence of the faid lord the nov/ king, to the number of 200 perlons anri more, to us entirely nnl-.nown, aimed in a warlike manner, to v.it, with Iwords and Have?, and with other aims as w ell offtnfive as detcnfive, urdawfully, riotoidly, and routouily affembled and collected, to dillurb the peace of the faid lord the now king, and to have and bring the faid Ricliaid Harding and I'ilizabeth his wife into TV T* 1 n^-iii n • 1 Ketura Ot Jing, Hartley, Great Minterne, and Middlemarlh, in the the writ of within written county of Doifet, being the vills next adja- diftringas. cent to the faid hedges, ditches, gates, rails and ftiles, John Doe and Richard Roe, the ilfues of the inhabitants of the viUot Holneft aforefaid, lol. the iffues of the inhabitants '"^^"P^''°°'* of the vill of Hillvill aforefaid, lol. the iflues of the inha- bitants of the vill of Sydling aforefaid, lol. the iffues of the inhabitants of the vill of flaitley aforefai(!, lol. the iffues of the inhabitants of the vill of Great Alinterne afore- ^'^"csre- faid, icl. the iffues of the inhabitant^ of the vill of Mid- fi^.^f.f.^P"* dlemarfh aforefaid, lol. and lurther I certify to the lord the king, that, that writ v^as delivered to me fo late, that by reafon of the fhortncfs of tlie time, I could not reftore to the within named John Street, the damages in the inquifition rnquiiltion annexed to this writ; the relidne oF the execution of this "^^^'^ ^3- writ, appears in the faid inquilitior, Robert Pelham, cfquire, '"^^'^^ ''?",- iheriff; Inquifition indeiued, taken at Dorchefter, in the^^^^'gy^^i'if* county of Dorfet,-on the I3sh day of Apiil, in the Sothtoihefum year of the reign of our lord Charles the 2d, the now kin^r.f 360/. of England, &c. before mc Robert Pelham, efquire, fheriff of the faid county, by virtue of the writ cf the lord the Icing, to this writ annexed, by the oath of John Cardrowe, and II others, good and lawiul mrn of the faid county, who being fwoin and charged upon tlie prcmifcs, in the faid writ to this inquifition annexed, fay upon their oath, that J. Street, in the faid writ, to this inquifition annexed, mentioned, haih fuftained damages by the occafion of the premifcs in thp faid writ mentioned, to 360I. In witnefs whereof, as well I the faid flieriff, as the faid jurors, to this inquifition have fererally Proceedings upon the ftatute of Weft. 2d C. 46. feverallj put our feals, on the day, year and place aforefaid, TwTinhabi- ^^^^"""^ ^^^'•^'^'"' eftpiire, fhenlf, (L.S.) &c. And now, to wit, tantsi.f on the Friday next aiter tiie morrow of the Holy Trinity, in each villap- this fame tcrn\ before the lord the king, at Weltnainftf r, pear in the come Nathaniel Rawles and Robert Day, two inhabitants of "^"^^h^h^'^ the vill of Holneft aforefaid, in the name of all the inhabi- *ant*"orth'e ^^"^^ °^ ^'^^ ^^'"^ ^'^'' ^- Whifftn and A. Flambert, two inha- refp^iSive bitants of the vill of Hilvill atorefaid, in the name of all ▼ills. ' the inhabitants of the faid vill, T. Hayne and T. Croade, two inhabitants of the vill of Sydlin<^ atoiefaid, in the name of all the inhabitants of the faid vill, T. Sciitt and W. Fox, two inhabitants of the vill of Har'lcy aforefaid, in the name *P '^A ^^ ^^^ ^^^ inhabitants of the faid vill, * R. Harris and W. v^'^ Gould, two inhabitants of the vill of Great Minterne afore- faid, in the name of all the inhabitant? of the iaid vill, and W. Granger and J. Granger, two inhabitants of the vill of Middlemarlh aforefaid, in the name of all the inhabitants of the faid vill, by William Eyre, their attornev, and having had oyer of the faid writ of diftringas and the return thereto made, they the faid N. Rawles and R. Day, two inhabitants of the vill of Holneft aforefaid, in the name of all the inha- bitants of the faid vill, and T. Hayne and T. Croade, two inhabitants of the vill of Sydling aforefaid, in the name of The inhabi- ^^^ the inhabitants of the faid vill, fay that they do not ap- tants of 2 of prehend that the faid lord the now king, will or ought to the vills impeach or trouble the inhabitants of the vills of Holneft, plead, that ^Lud Sydling aforefaid, becaufe of the premifcs, becaufe they vil!s"a'r?th^e ^^^ '^*' ^^^ '^'^^^ ^' Hilvill, Hartley, Great Minterne and nextvilk Middlemarlh, at the time of the proftration of the hedges, gtc. ditches, gates, and rails, in the inquilition aforefaid, mention- ed, were the only four vills next adjacent to the faid place in- clofed by the faid John Street, in the faid inquifttion men- tioned, and that the faid vills of Holneft and Sydling, at the fame time were and as yet are more remote, from the faid place inclofed than the faid vills of Hilvill, Hartley, Great Minterne, and Middlcmarfli, then were or are, and this they are ready to verily, &c. wherefore they pray judgment, Theinhabi- ^^- ^^^ ^^^^ faid C WhifFen and A. Flambert, two inhabi- tants of the tants of the vUl of Hilvill aforefaid, in the name of all the other 4 vills inhabitants of the faid vil!, T. Scutt and W. Fox, two inha- demurtothe jjjtants of the vill of Hartley atorefaid, in the name of all diftringas & ^y^^ inhabitants of the faid vill, T. Harris and W. Gould, re ujn. ^^^^ inhabitants of tiie viil of Great Minterne, in the name of all the inhabitants of the laid vill, and the faid W. Gran- ger and J. Granger, two inhabitants of the vill of Aliddle- marfh aforefaid, in the name of all the inhabitants of the faid yill, fay that they do not apprehend that the faid lord the, 1 novr Proceedings upon the Statute of Weft. 2(1. C. 46. now ki/i<^, will or cuj^lit any furtlicr impeach cr trouble, bccaiil'e ol the prerniits, the inhabitants of the vills of Hilvill, Hartley, grtat Mi ntcine and Middle nunifli, bccaufe they lay that the v/rit of diltrin^^as afortfaid, and the re ('urn ihtrcto made are not fufficientin law, to which they have no ncctffiiy, neither aie ihty bound byihe-law of the land, in any man- ner to aniVer, and this they are ready to verify, wherefore for the infufficiency of the faid writ of diftrin-as, and the return thereto made they pray judj^mcnt, and that they by the court here may be diluiificd, 6cc. and for caufes of their demurrer in law, they the faid C. Whiffen and A. Flambert, Special in their own names and in the namts of all the inhabitants of '^^"•''^ '^''^ the villof HilvMl aloielaid, T. Scutt and W. Fox, iniheir "'"""* own names and in the names ot all the inhabitants of the vill ol Hartley aforelaiil,- R. Harris and W. Gc^uld. in thcii own names at.d In the names of all the inhabitants of rhevillof grtat Minterne aloiefaid, and W. Granger and J. danger, in ihtir ov. n names and in the names ol alHhe inhabit.inis of the vill (. f MiddUmailli aforefaid, Ihew thefs caufes following to \Vit, i'or this be can fc that it doth not ap- irtcaufe. pear by the inquif.tion in the faid writ mentioned, th.it the iaid place mentioned in the faid inquifuion to have been in- ciofed by the faid John h'ticet, was a place in which a. the time of fiich inclofnre, 'my perfon had A rioht of commonage ; ^d caufe. nor that he the faid J. Street, at the time of the faid inclolure or at any time afterwards, was lord of any manor of * which , p ^'^ n* the place fo inclofcd was parcel ; nor that he the faid Johu Street, at the time of the inclonae thereof, or ever after- ^ cau'e ■tvards had any right of inclofing the place lb by him inclofed •, and for thif, becaule that it appears by the faid inquifition , r that the laid John Street, incloi'edthe whole place in the faid Jnqnilition mentioned, and it doth not appear by the faid in- 5'h caufe. next adjacent to laid place {o inclofed as the faid N.R.R.D. T. H. and T. C. above by pleading, have alledged, and this they are ready to verify as the court, &c. whereupon they pray judgment and that the inhabitants of the vills of Holnelt And j lin in and Sydling alorelaid, may be convifted of the premifes by dcinuner ^\^^ court here. And they iurther lay that the faid writ of dif- with t. e tringas, and the return thereto made, are good and fufficient in ^l'j_ Taw, to which the inhabitants of the vills of Hilvill, Hartley, great Minteme, and Ivliddlemarih aforefaid, have neceiiity and by the law of the land are bound to anfwer, wherefore becaufe that tive faid inhabitants of the laid vills of Hilvill, Hartley, great Minterne, and Middlemarlh aforefaid, have not anfwert-d to the faid writ of dlltringas and to the return thereto made nor them in any manner have denied they pray judgment and thac the inhabitants of the vills of Hilvill, Hartley, great Minterne and Aliddlemarlh aforefaid, of the premilTes by the court here may be convifted, &c. &.C. *P-33o* * The King fi^a/»/? the Inhabitants of Hannam, Hilary, the 33d and 34th Charles sd. diaries ihe\^~r^O the fherilf of Gloucefter, greeting. We StrJfV SflT, &c. I 1 command you by the oath of good and law- enquire of Proceedings upon the Statute of Wefc. 2d. C. 46. r 111 L r i_ tliebreakeh fill men of your county, by whom the tinm ot the matter ^^ j],^ i^^^j. iTiay be the better known, tlili^ently to enquire what n;ale- gj^^ &c. factors and dilturbcrs of your peace at Well-/iannam, wiiliin the parifli of Bitton, in our county, with force and arms, the hedges, ditches, walls, gate*, rails and lliles of Francis Crefwiclv, ei'quire, there lately by him raifed and erciftcd, by night or at luch time as they believed that their deeds could not be known, did prollrate and fill up, and other wronj^s to kirn did, to the great damage of the laid Fiancis, and againlt Cjur peace, and if the laid' I'Vancis Ihall j^ive you fecurity tor profecuting his complaint, then put by gajjes anrl fate pledges^ ail thole whom you fhall find guilty thereo.', that they lie be- fore us on the nionow of the purification of the bleffed Virgin Mary, wherefoevcr we fhall then be in Ejigland, to anl.ver as well to us of the breach ot our peace, as to the laid I'Vao- cis of the laid trrfpafc, arid have there the names ot thofc bv whole oath yon thall make that inquifiiion, and this writ. Witncfs our felt at Wellminller, the i^th day of December, in the ■_J3.d year ot- our reign. /Iddcrley. 7he execution ^jf this zrrh appears in a cer:a}n inq^djittcn to tlv:; vurU annexed, IV. IV. ejqutre, Jheriff. Ghucejlcr,'} J NQJ-TISITION indented ta:5Hnncr lay 'upon their oath ihnt the malctactors atV^rc- 3 G '. Wul Proceedings upon the Statute of Weft. 2d. C. 46 fald, wlio committed the mifdeeds afoieraid, fo as aforefaid, came with iuch powfr and multitude of peifons, and com- mitted the faid millieeds in the night time, lo that no peifon dare approach nii;h to them, to dilcover them. In witneis wh^ereof, to this inquifuion as well I the faid flneriff, .as the faid jurors, have put our ftveral fcals, the day and year aiore- V/rit todif- faid, W. Wall, efq^ire, Iheriff, (L.S.) &c. Charles the 2d, &c. trai: the 'Jq (}^g fheriff of Gloucelter, orecting- Whereas lately bv to enquire ^^' writ, we commanded you by the oath of good and lawful whatJjn-aoc "1^" ot your county, by whom the truth of the matter might the plaintiff be ihe better known, diligently to enquire what malefadlors hath fuila.ii- and difturbers of ourpcace at Weft-hannam, within the parifh *^^' ol Bitton in your county, with force and arms, the hedges, ditches, walls, gates, rails and fliles of Francis Crefwick, elq; there lately by him raifed and erected by night, or at iucti time as they believed that their deeds could not be known, had proftrated and filled up and other wrongs to him had done, to the great damage ol the faid Francis, andagainll our peace ; and ii the faid Francis lliould give you fecurity to profecutc his complaint, then that you fhould put by gages ' and ialc pledges, all ihofe whom you Ihould find guilty there- of, that they flioukl be befoie us on the morrow of the purl- - fication of the ble/fed Virgin Mary lall pall, whcrefoever we fhould then be in England, to anfwer as well to us of the breach ot the peace, as the laid Fiancis of the trefpafs afore- faid. and you at that day returned to us, that by a certain inquifition indented, taken at Tetbury, in your county, on the 2d day of February, in the 34th year ot our reign, be- fore you, by virtue ol the faid writ, it is found by the oath oi twelve jurors, good and lawful men ot your faid county, that certain malefaffiois and difturbers of our peace, on the lit day of February, in the 32d year of our reign, and at divtis other days and times, between the faid ift day of Fe- bruary and the 2 ill day of December, in the 33d year of our reign, at Weft-hannam, in the faid county, with force and arms, &c. 'wiih a multitude of perfons unknown, 60 perches of rails, 30 perches of walls, 380 feet of ditch and fence, 10 gates and 3 ftiles, of the faid Fiancis Crcfwick, at Weft-hannam aforefaid, lately raifed and eredled, in the nights ol the faid days had proftrated, and alfo 15 trees of the faid Francis, had cut down, to the gre;if. damage ot the fatd J'rancis Crefwick, but thcfe \v}lo had fo proftrated the jaid hedges, ditches, fences, gates and ftiles, the faid juror? Were eniiiely ignorant, and in like manner they laid upon their oath, that the malelacfors aforelaid, who had fo com- ir.ilted the mildceds aforefaid, ft) as aiortfaid, had came vith Inch power and muitiiude of perlons, and had com- mitted the faid mifdecds in the night time, fo that no perfon dare Proceedings upon the Statute of Weil 2d. C. 46. dare to approach nigbi to them, to dilcover them, as by in- fpedtion of the writ at-brefaid, 3,\\i of the inquifuioo aforc- f^id, by you, by virtue of the writ aforefald, returivd be- fore us, and there nou' remaining of record, maniftiHv ap-; pears to us ; we command you, that you do not onnit, by reafon of any liberty in your bailiwicl:, but that you dilhaiu the vills next adjacent to the laid hedojes, diiciies, v/alls, fences, gates and ftiles, to raife the f^id hedges, (Jitches, ■walls, fences, gates and Itiles, at their own proper coll, alfo ^-jj we * command you, by the oath oi j^ood and lawful men of ^•.')4'^* your county, by whom the truth of the matter may be the better known, to enquire diligentlv, what d.images the faid Inancis Cicfwick hath fiiftained, by occafion of the faid prollration, of the faid 60 perches of rails, 30 perches of wall, 3-S0 feet of ditch and fence, 10 gates, 3 Itiles and 15 trees, and that you rcftore thole damages to the faid Franr's, and how you Ihail have executed this our command certiiy to lis, from the day oi Eaiter iu 15 days, wherefoever v,<;; fliall then be in England, under your feil and the feals oi, • thqfe by whofe oath you Ihall take the laid inquifition, then, returning to us this our writ. Witnefs F. Pen\berton, kr. at Weltminfl^r, the i 3th day of February, in the 3<;.ih year of our reign. Pledges to profecute John Doe and Richard Roe, the jli 1^"*"'''}°* fites of the lands of the inhabitants of Bitton, Hannam and "^'^wnt. Odland, the vills next to the within written hedges, 40s. Iffues re- feverally ; the refidjje of the execution of this wiit apjiears t'J''"^'^ "?■"•"- in a certain Inquifuion to this writ annexed. ^''^ "^^^ /r. /r. efquire, fheriff. ^'"'■ Ghucg/kr,^ \ N inquifition indented, taken at the caflle inquliltion. to wit. JT xX ot (iloucefter, in the county of Glouccfter, on the 27th day of April, in the 34ih year of the reign of our lord Charles the 2d, the now king ot England, &c. be- fore me W. W. efquire, Aeriff of ihe faid county, by virtue of the writ ol ihs lord the king, to me diie6ted, and to this inf|iiif)tion annexed, by the oath of H- L. Sec. good and lawful men of the faid county, who fay upon their oath alorefaid, that the faid F. C efquire, in the fiid writ named, hath fullained damages by occafion ot the proftra- tion of 60 perches ot rails, 30 perches of wall, 380 leet of ditch and fence, 10 gates, 3 Itiles and *5 trees in the faid writ mentioned, to the value of 36I. 13s. in teitimony rhereof as f "^jl^^^i •well I the faid Ihcriff as the faid jurors have fet our feals to ,'!,"s ^ ti.ls inquifitirin the day and year nforelaid. And now to wit, on the Tueiday next after fi.n:een days of pi^g,,, (1,^ tlve Holy Trinity, in this fainc term before the lord the king diftrint^nsbv nt Weflminfler come J. Liddiard, John Harding and William three inha- Fox, H'ants of the vil]?, who appear 6i entitle themfdves to common in tlieplace5 where. fiC. bv prefcrip- ion. T.34I. That the plaintiff en clofed thefe places, fo that they could not have their common. And becaufe plaintiff ^vo^ld not open the in- clofure, they in the day Proceedings upon the ftatute of Weft. 2d. G. 46. Fox, men, inhabitants in the vills of Bitton.Hannam and Od- lands by Robert Seyliard their attorney, and having heard the feveral writs and inquifitions aforefaid, fay that they by reafon of the writs and inquilitions aforcfaid, by the faid lord the king ought not to be difquieted or troubled, becaufe .they fay, that the place in which the proftration and cutting down in the firlt inquifition mentioned, are fuppofcd to be done at the faid times, in which the faid prolbation and cutting down were committed, did contain, and as yet doth contain 100 acres of pafture, in Weft-hannam aforefaid, called or known by the name of Hannam's heath, otherwife Hannam's common, and that before the times, and alfo at the times of the proftration and cutting down aforefaid, the faid J. Lid- diard, J. Harding and W. Fox, and divers other perfons were tenants of one John Newton, baronet, and of divers tenements, parcel ot his manors of Bitton, Hannam and Odlands, in the county of Glouceller, * which John New- ton, then was and yet is feized of, and in the faid manors in his demefne as of fee, and that the faid John Newton, and all thofe whofe eOate he then had, and now has, of and in the manors aforefaid, before the faid times in which, dec. and at the laid times in which, &c. hath and have had, and alfo hath and have been accullomed to have, from the time whereof the memory of man is not to the contrary, for themfelves, and for their tenants, of the feveral tenements, parcel of their manors aforefaid, common of pafture for all their commonable cattle, and for all the commonable cattle of their tenants, levant and couchant upon the faid manors, and the leveral tenements, parcel of the faid manors, of and in the faid place in which, &c. called Hannam's heath, or Hannam's common, at all times of the year as appendant and appurtenant to the manors aforefaid •, and the faid in- habitants further fay, that afterwards and before the time of the proftration and cutting down aforefaid, to wit, on the ift day of November, in the ^ift year of the reigri of the lord Charles the 2d, the now king, &c. the faid F. C. in the faid writs named, did inclofe a great part of the place in which, &c. with the hedges, ditches, fences, rails, walls, ililes and "atef, in the faid inquifition mentioned, vihercby the faid J- Lyddiard, J. Harding and W. Fox, and the other tenants of the faid John Newton, of his manors aforefaid, from having their common aforefaid, within the faid place in which, &c. fo incloftd were excluded, whereupon the faid there feems to he ar.in^cciir^cj in thefe pleadings, as here the defcndcnts pltadfcrtheinfo'.ves, cnl afteivjurds demur i^n tchalf of the inhabitants Cif the vilh, arid if it hefaiil th^it the pleadings flo'ild be Jo trdvflated as to make the inhnhitunti of the vills party t to this pica, then tbey Jhc:/ld have demurred ;ji),t.'yiiiiih the deftrtJ-uits, and the difndwts Jkoitld not ia'ie dc- fnurrcdfortbem. befides it is apprehended that the eriginal text ucuUntt •ijitrr tint fuel: trrnflitiion. Proceedings upon the ftatute of Wefl. 2d.C. 46. fa id John, John and William, afterwards to wit, on the lime threw laid day and year laft mentioned, at Wefthannam aforefaid, '''<^'" ^wn. gave notice to the faid Fiancis, that he iiiould open the faid inclofure, and that if he would not do it, that they would open the faid inclofure, to have their faid common there, and becaufc th'; faid Francis, after fuch notice did not open the faid inclofure, they the faid John, John and William, and divers men, labourtrs, at their commiind and at the command of the faid John Newton, to the number only of eight pcrfons, afterwards, to wit, on the lit day of February, in the 3 2d year of the reiga of ouV lord Charles the 2d, &c. and at the faid other days and times in the faid inquilition mentioned, peaceably, openly and piiblickly and in the day time and before the fctiing of the fun of the faid days, one perch of raih, fix feet of duch ai»d icace, two gates and one llile of the laid inclofure at Well-hannam aforefaid, in the faid place, in which aloiefaid, lo as afore- and traverfe faid, raifed and erefted, did prollratc, and two trees did cut their doing down, which was neceflfary for them to cut down and profl- ''^. '"'he rate, to open their way to have their faid common there, as"'S"^* itwas lawful for ihem to do, without this that any malefac- tors at any of the times in the laid inquilitions mentioned, fixty perches of rails, thirty perches of wall, three hundred and 80 feet of ditch and fence, ten gates and three ftiles of him. the faid Francis Crefwick, at Wefthannam aforefaid, lately raifed in. the nights of the faid days in the faid inquifition mentioned, or at any time in which they believed their deeds could not be known did proftrate, and alfo fifteen trees of the faid Francis Crefwick, then did cut down in the manner and form as in the laid firft inquifition aforefaid, is contained, *P. 342, and this the faid inhabitants are ready to verify, &c. where- fore they pray judgment if the faid lord the king will any further trouble the faid inhabitants theii-Cn, and that they from any further prolecution upon '' the faid writs and the faid inqulfitions thereon by the court of the laid lord the king, here may be difmifftd, &c. IV. Pazvlett. Plaintiff re- And the faid Francis Crefwick, who as well for the/lord the p'ies that king as for himfelf, in this behalf profecutes. faith, that the ^''^ t''*'^^ faid men, inhabitants in the vills of Bitten, Hannam and Od- >^'''^"-'>^'^- lands, by any thing by them above by pleading alledged i,^,;^ J^^' ought not to be diicharged from raifmg the hedges, ditches, tr.wcries the fences, walls, gates, or ftiles aforefaid, fb as aforefaid prof- "slit of trated, at their own proper coils, or from yielding and paying *-""'"inon, to the faid Francis Crefwick his damages, by occafion of the prollration of the rails, walls, ditches, fences, gates, and ililes aforefaid, and of the cutting dowo. of the faid trees, by the faid inquifition found, or to aniwer to the faid lord the king, for the breach of the peace of the laid loid the king, aecaufe proteiling that ihe faid plea of the faid inhabitants of Proceedings upon the ftatute of Weft. 2d. C. 46. of the viils of Biuon, 1-Iannam, and Odlands,,and the mat- ler in the fame coni.aiaed, are noc fafticieiit in law to dif- charge or acquit them, fio;-n railing the hedges, ditches, fen- ces, walls, g'ltes, and ililes afoiefaid, or from yielding or paying to the faid Frantis his damages atorefaid, or from an- fwering to the faid lord the king of and upon tht prcmifes, for plea faith, that the laid place called Hannam-Heath, otherwiie Hannam's-common is, and at the faid timfe in which the faid trefpafs is fuppofed to be done, was within the parifh ot Bitton afortlaid, in the faid county, and the fe- veral foil and freehold ot him the faid Francis Crefwick, efq; without this, that the faid J Newton, and all thofc whole eltate at the faid times in which, &c. he had and now has, ot" and in the faid manors with their appurtenances, from the time whereof the memory ot man is not to the contrary, have had and have been accuftomed to have, for themfclves, and their tenants of the fcveral tenements, parcel of the faid manors, common of pafture, lor all their commonable cattle, and thii commonable cattle of their tenants-, levant and couchant, up- on the faid manors, and the feveral tenements, parcel of the faid manors of and in the faid place in which, 6cc at all times ot the year, as appendant and appurtenant to the faid manors, and this he is ready to verity, wherefore he prays judgment, and that the faid men, inhabitants in the faid vllls of Bitton, Hannam, and Odiands, may not be diftharged from railing, paying and anfwering in the form atorefaid. jfohJi Fotcell. Demurrer. -^"^i ^^ f^id J. Liddlard, J. Harding, and W- Fox, for and on behalf of the faid inhabitants fay, that they by any thing, by the faid lord the king above, by replying ailcd^ed, ought not to be compelled to raife and ereft the hedges, ditches, fences, walls, gates, and Ililes aforefaid \ o\ to pay to the laid Fiancis Crelwick any damages, colts and charges, for the occaiion aforefaid, * becaufe they fay that the repli- *'-*'343' cation aforefaid, in the form aforefaid, above pleaded, and the matter in the fame contained, are not fufficient in law, to compel them to anfwer to the faid lord the king theieupon, to which replication in tire manner and form aforefaid pleaded, they the faid John. Jn. and Wm. ha\e no r»cclfity, neither are they bound by the law of the land in any manner to anfwcr,and this they are ready to verify ; wherefore lor want of a luffici- ent replication in this bthalf, they the laid John, John and William pray judgment of the inquilition aforefaid, and that Cauftsof they and the faid inhabitants may go thereot quit ; and for aoir.iurer. caufe of their demurrer in law, they fhew the following caufe, to wit, that the faid lord the king hath not joined iflue upon the traverfe tendered, but hastender'*J another ifTue, v/hich is immaterial; in refpedl: \x> the writ and inquifition aforefaid ; ' becaiifc Proceedings upon the Statute of Weft. 2d. C. 4^, becaiife if the fakl profi.ationi were not done in the night, or at f.>me ti»7, villi in that talc are pun^liable, by luch writs and inqnilnions in the cauniry by the ibtute, upon whicli r^i;: I'jui wrltP a«. ftjo^nd- ed. Ah<1 if the laid pioUraiions 'A'cre comnjiticd by Wr^ht, or ia the d-y ciwe fecret^y, by thulc who had the rij^ht cm' pffd- iiation, it is probable tha: ihcy vvouid be panifhi'd« j?t the liiid llatiatc. I'f'- f^ro!eii- An! til? fakl Francis Crefwlck, w^o »s wcil, cic ]»ff^«fe .I'int^frin that he atxive by repiying haih aticdned i'lalticieni inn«T ir. *='-'""'^'=''' the law to compel the faid inci; iishabitaiiti in the vil!? alor«- faid, of liittondlanaam and OJlandj, to ralfe at theif own \x-o- per cc-il the heij^es, ditches, fiiicts, walls, gstcs a«d Ric fhould then be in England, as well to anfwer to us of the breach of our peace, as to the faid Henry and Ambiofe, of the trefpafs aforefaid, arsd you at that day returned to us, that Recital pf_ ^y a certain inquifition indenttd, taken before you by virtue the mqufiti- ^^- ^-^^ ^gj^^ ^.^.j^ ^^ Darking in the county aforelaid, on Wed- °"' ntfday, the 2ifl day of Augult, in the 15th year of our reign, it is found by the oath of twelve jurors good and lawful men of ycur county, that certain malcfadfors and diflurbers of our peace, on the 27th day of May, in the 15th year of our reign aforefaid, at D. aforefaid, in the faid county, with force and arms, 260 perches of hedges, and 260 perches of ditches of the faid H. lord Matravtrs, and of Ambrofe B. baronet, then lately before that time by them railed in the night or at fuch time as they believed that their deeds could not be known, had proftrated againft our peace, but who had proflrated the hedges and ditches aforefaid, the faid jurors were entirely ignorant, a? by infpcciion of the writ aforefaid, and inquifi- tion aforefaid, by you, by virtue ot the writ aforefaid, re- turned before us and there now remaining of record mani- felUy appears to ut, we command you that you do not omit Command ^,y leafon of any liberty with your bailiwick, but that yoii . of this wrti'^jl^^gjp ^]^f v'Us next adjacent to the hedges and ditches afore- faid, a' their own proper cofts to raife the hedges and ditche?, aforefaid proftrated, we alfo command you that by the oath of good and lawful men, in your county, by whom the truth of the matter may be the better known, diligently to enquire "what damages the faid H. lord M and A. B. baronet, have fiiftained by occafion of the proffration aforefaid, of the faid ifio perches ot hedges, and of thefaid s'^'O perches of ditches and that you reitore thofe damages to the faid H. lord M. and A.B baronet, and how you fhall have executed this our command, ceitify to us on the octave of St. Hilai'7, wherefb- cvrr we fhall then be in England, under your leal and the fe.'ls of th')fe by whole oath you fhall take the inquifition Fj'orefaidjthen returning to us this our writ. WitnefsJ.Brampf- ton Proceedings upon the flatute of Weft. 2d. C. 46. ton at Weftniinfter, the 25th day of Odober, in the 15th year of our reign. * Mainpernors of the federal inhabitants of D.irking and * P ■?ic; Capell, being the vilis next adjacent to the within written, '^'^•J* hedges and ditches, John Roe and Richard Roe, iffnes of the iiTucsre inhabitants of Daiking, (I. 135. i\d. iffiies of the inhabitants of turned upoa Capell, 61. 6s. Sd. and further, 1 certify to the within written * vlUs. lord the king, that that writ was delivered to me lb late that becaufe of the ihortnefs of the time I cannot rcflore the dama- Tarde. ges, in the inquifition, to this writ annexed mentioned, to the within named H. lord M. and A. B. baronet. The refidue of the execution ot this writ appears in the inquifuion aforefaid, John Grelham, knight, Ihcnlf, that writ as above indorfed was deliveied to me by ind;n:urc, between me and the faid late Ihcriff on his departure from his office, John Howland, efquire.fl'.criff. tuneytowii, inquifition indented, taken at Southwaik, in the faid county, on the 25th day of Novem- ber, in the I5ih year ol the reign of our loid Charles, now- Icing of England, &c. before me John Grefliam, knight, {hcriff of the faid county, by virtue of the writ of the lord the king, to me dire(5tcd and to this inquilition annexed it is found by the oath of J. L. T. G, &c. good and lawful men of the faid county, who fay upon their oath that H. lord M. and A. B. baronet, in the writ to this inquifuion annexed named, have fuflained damage by the occalion in the laid writ fpecified to 26/. fs. bd. in witnefs whereof as well, I the faid flieriff as tlie jurors aforefaid, have fcverally put our feals to this inqulluicn, on the day aud year atorefaid ; John Grefliam, knight, flierifP. Alterwards to wit, on the Wednef- day next after 15 chys ol EaRer, in this fame term before the piuries dif- lord the king, at Weft -n in iter, the Iherilf was commanded as trin?as a- often times, &c. that he do not omit, etc. but that he diftrain gainft the the ftveral inhabitants of D. and C. aforefaid, being the ^■';'*^"''. * vills next adjacent to the heitges and ditches aforefaid, ^q f^^"^ ^Y'^*» raife at their ov;i: proper coi\, the laid hedges and ditches, janlageg^ profirated, alfo the llieriif wa? ccmmandcd that he do not omit, tJic, but that cf the goods zud chattels of the ftveral inhabi- tants ol' D. and C. he caiife to be made the laic! 261. 6.7. 2d. in ihefaid inquifuion fpccilied, and that he have that money be- fore the loul the king, on the morrow of the Holy Trinity, v.hcrcfoever, &c. to reitore it to the faid H. lord M. and A. B. baronet. At which morrov/ of the M:.ly Trinity, before the loid the king, at Weflminller, John Howland, efquire, fhcriff hath returned, mainpernoib of the feveral inhabitants of D. and C. aforefaid, John Doe and Ricliard Roe, the iflues of the faid inhabitants ef Darhii.g, ic7. the ififues of the faid More ifTues inhabitants of C. 5A and alfo that he hath taken into his fecumcd on 3 H 2 hands "^^^ ''"*' Proceedings upon the ftatute oi' Weft. 2-d. C. 46c AnJafri- Kands goods and chattels cf the inhabitants of D. a«(i C. w 7.uTe of the value of 2fL 6s. Sd. vyhich ^<>od*. and thaitels remain in goods to t'le his har.di iinrrld for the want of bisyeis, fo dial he could value or jhc ^qj v^^.^.^ ^j^^ /y,^ ^r/. 6?- 8^. befove the faid loid the king, on vvS'i- ^^^^ ^=y "fo'-ci'^'d, to reliorc to the laid H. loidM. ai;d A. B. inain unfuld. baronet, as to him gbovewSs corKinanded., And o'u the faid i!ioir-3w of the Hcly Trinity, b'^'ore the lord the Icing at Two ''n^iafc- ^■'VtitmrnfteT, come as well John Iveeling, efiiuire, who pto- tants and iVc;ttef, £ic. as Jafper Goodwin and H- S. two inhabitants freehoJders, ar.d freeholders of the manor cl D. atorefa-id, in the name and alfo z of all and lingular the inhabitants ar>d freeholders of the faid copyholdtri ,j,^^n(^r, and the faid Tafper Goodwin and William Arnold, of tiie rr.anur . , , . i give their judgment of and upon the premifes, day is given thereupon, as well to the faid John Keeling, who profei- Cmianon- cutes, &c. as to the faid Jafper Goodwin and Henry Stone^ '- ■ ': Edward Proceedings upon the ftatute of Weft. 2d. C. 46. Edward Andrews, efquire, there lately by him raifed, in the night, or at luch time as they believed their deeds could not be known, had proflrated and other wrongs to the iaid Ed- ward Andrews had done, to the great damage of the faid Edward, and againft our peace, and that he flrould.put, by gages and iafe pledges, all thofe whom he fhould find guilty thereof", that they fhould be before us on a certain day now pait, wherefoever we fhould then be, in England, to anfwer as well to us, of the breach of our peace, as to the faid Edward Andrews, of the trefpafs afoicfaid; and our faid late llierlff of our county of SulTex, to wit, William Repital of Spence, elbuire, at that day returned to us, that by a cer- tion thereon '" inquintion, taken beiore n(m, by virtue ot the iaid writ, at Lewes, in the county of SufTex aforefaid, on the 27th day of March, in the i7ih year of our reign, by the oath of twelve jurors, good and lawful men of the faid county, it is found that ceitain malefaftors and difturbers of our peace, on the ift day of March, in the 16 th year of our reign, and at divers other days and tim??, as well before as after, before the ifTuing of the faid writ, at the foreit or chafe of Afhdown, otherwife Lancafter great park, in your county, with force and arms, 1690 perches of hedges and ditches, by the faid Edward Andiewf, there late before that time by him raifed, in the night, or at fuch time that they *P "AG l^clicved their deeds could not be * known, had proflrated * '^-'* againfl our peace, but who had proflrated the hedges and ditches aforefaid, the faid jurors were entirely ignorant of, as by infpedlion of the faid writ and of the faid inquifition Recital of a W ^he faid fhtriff taken, by virtue of the faid writ, and formerdif. returned before us, and there now remaining of record ma- tringasand nifeftly appears ; and whereas alfo thereupon, by our writ writ of en- ifluJng out of our court before us, We commanded the late *'""^y (heriff of your county, that he fliould not omit, by reafon of any liberty within his bailiwick, but that he fhould dif- train the vills next adjacent to the faid hedges and ditches, to raife the hedges and ditches aforefaid, at their own pro- per coft, and whereas thereupon, by our faid writ, we com- mand the late fherifT, by the oath of good and lawful men of your county, by whom the truth of the matter might be the better known, diligently to enquire what damages the faid Edward Andrews had fuitaincd, by occafion of the , proflration of the faid 1690 perches of hedges and ditches, and that he fhould reftorc thole damages to the faid E. A. and that he ihould certify to us, how he fhould have executed our faid command, at a certain day now pafl, wherefoever we fhould then be, in England, under his feal and the feals of thofe by whofe oath he fhould take the faid inquifition, then returning to us the faid v;rit ; and the faid late fhcriff at Proceedings upon the ftatute of Weft. 2d. C. 46. of our county of SniTcx, to wit, Walter Devcll, efquire, at that day returned to us, that the Inhabitants of Eafturinft lead, Hartfifld, Buxficld, Marisfield, Flctching, Horlted Haynes and Wefthoadiy, are the vills next adjacent to the laid hedges and ditches, and that by a certain inquifition taken before him, by virtue of the faid vrit laft mentioned at Horf- ham in the faid cotuity, on the Sth day of April, in the 22(1 g / . year of our rrign, by the onth of twelve jurors good and law-niages'found ful nven ot the county af:;refai(], it is found thai the faid E. A. hath luftaintd damages by occafion ot the premiles to i6oc/. And wheieas alio on the Friday, next after the morrow of theop^jfji ^j, . Ploly Trinity, beioie us at Weftminrter, came G B. a«d E linlabitants W. two inhabitants tf Eaftgrinfttd aforefaid, R. F. and T.of each vi.l K. two inhabitants of the viil ot Hartfield aforefaid, J. A '" ^^^ "»'"<= and W. C. two inhabitants of the viU of Buxfield aforclaid, ^J^""'^.*"'"' j.K. and VV. P. two inhabitants of the vill of Marisfield if re-yp '^^^ j„j faid, J- S. and W. J. two inhabitants of the vill of Fletch-traverfe the 3 ng aforefaid, W. J. and VV. S. two inhabitants of the vill ofJamages "horfied Havnes aforefiid, and J. R. and T. C. two inha-f""" Vide MisPBitiAXOiv. ASSAULT INDEX. ASSAULT. A'ide MisiiEMHANOR. Informaiion aeainR fcveral fur conr[)"ninf; to beat and wound a . man, and for that purpofe fending for him undei a icigaed r.3,ine to a tavern, and way-laying liim, and in his cojning grievoully beating and woimiing him ^^S"^ ^'^7 ■ ' againft the rarl of Dcvonfhirc for challenging Mr. Cclepeppcr, in the king's palace and aflaulting and wound- jng him ; — >. — lH8 Ind^arnent againll Mr. Colepeppcr, at the fcflions hekf for the Ling's hont'ehold for aflauliing, ftriking and wound- ing the earl of Devonfliire, by reafon whereof his blood was fhed — -^ — 19a ■ for an affault for fetting a dog at a perfon 240 BANKRUPT. Vide Misdemkanor. BARRATRY. Vide Misdemeanor. EL A S P H E M Y. Vide Misdemeanor. B U G G P: R Y. Iiidlftment for confpiring to charge one with buggery — 85 CAPTION. To an in(ii(5cment for murJer — 7> ' I forpeijury — 151 — lor high treafon — 1 57 ■ at York before Gommifllcners appointed by th<; keepers of the liberties of England 2&0 ' prefcnted at liick's-hall — 28^ • for robbery — — 288 ■ ior high trcal'on — — 307 — — ^ for felony . — . 316 CATTLE. Indi«5lmeat for Utalins: cattle CERTIORARI. To regiove an appeal of murder into the King's Bench 20 I i;di6tnient reni-oved by certiorari — — 2 10 To remove a record of convidtion for high treafon into the King's Bench — — > -~ — 307 CHALLENGE to FIGHT, Vide Libbi. CHEATS I N D E X. CHEATS. Vide AIisDEMEANOR. Information for cheating a perfon of divers fums of money upon fdlCe pretences — ^'^^c 85 Intoimaiion lor cheating a perfon of divers fums of money and aftervvanis aitciKptin^; 10 poifon him — 8lt> Infoimaiion tor thtating wiili l.tlfe cards and dice — g-i Intormation tor chtaiiiif^ a pei ion ol j^ouds iiiul^r pretence of buying the.n — — Ol In(oimi(t)on lor rheiting with fal Intormation iur mairying an infant, to 2 Icantlalous woman ()(} Informntion for chtaiing a peifon by a forged letter 10 .^ Lidic5lment agaihff a married i\oniaii fOr pretending that ihe was fole, and executing a bail bond to the iherilf lor otse arrefitrd for debt — — '■ — — idj: Information for cheating the Ling of his cuftoms by counter- feiting the ainager': leal ■ — - 105 Information for pafiingabiH of exchange wiih a forged ac- ceptance — 101 Iidor^jiation for cheating a perfon of three pet ri wig's 104 Information for felling a watth, Sec. riiadc.of bale gold as if made of llandard gold — — loj Inioimaiion for felling buttons m~^ade of bafe filvcr 106 Information ajrainfl a dyer for IclJing bays not duly dyed, • with afalfc lia^Hp — — jcxi Information for counterfeiting a merrlianl's llamp and puttin;.^ his mark uptju goods of h'i-> value than he bought 10.^ Information agai:.lt a miner for throwing a piece of copper in- to the gold, ineitir.g for the purpofe of coining guineas il j C O I N I N G. Information for coining halfpence. Vide MISijF.M'llA^'OR. C Xs^ S P I R A C Y. For confpiring to charge a perfon with being the father of a cnild, born of another pel fon's wife ' ^-3 Inlo.niation for a cojifpiracy 10 engrofs vitriol — S'^ Jnlorrnation for confpuing to chaige one with an attempt ti) commit b;jggfry and lor cnarging iilna vvitii the attempt iiS .CONS T A B L E. Vide Muokmeanor. CONTI- INDEX. COMTINUANCES. 19, 26, 29, 127, 223, 302, 319. CONVICTION. Page At the feffions for killing a deer 326 Before one juilice for hunting and chafing fallow deer in a park ^ 327 Before one juflicc of the peace for hunting and killing a fal- low deer — — 32S Before a juilice for the hunting a deer in ii park upon the evi- dence of fevcral witneffcs — — 329 Bciorc a jufiice of the peace for carrying a dagg or hand gun Record of the convidlion before two juftices for riding Skym- ington — — 332 CORONER. Vide Misdimianor. COUNTERPLEA. To ouft wager of battle on an appeal of robbery — 33 To ouii the prayer of the adt oi general pardon — 273 COVENTRY, ACT. Ind'(5lment for cutting the eye with intention to dltfigure againlt aftor and aider — 33 CUSTOMS. Information for cheating the king of his cufloms.Vide Chjeats. DECEITS. Vide Cheats. DEMURRER, And joinder to a replication to a pita to an irdidlmcnt for murder 15 And joinder to a plea to an appeal, ftatiijg that defendant was tonvi(5ire- fent at an unlawful conventicle, whereby the perfon was fined 150 Indiftment for perjury in an anfwer in Chancery 151 Information for perjury in depofitions upon interrogatories, in a ca ife depending in Chancery ' 155 Information for wilful and corrupt perjury upon the trial of I'jrd Delcm.ere for High Treafor, before the lord hio>h Steward and the other pieers of the realm 157 Information for perjury, in depofitions in a caufe depending in the ecclefiaftical court 162 Information for perjury in an affidavit in a caufe in the Spi- ritual court, concerning the iervice of a procefs of the court 164 Information againft a commiflioner named in a writ of dedi- mus poteftatcm for taking a fine, for perjury, in an affida- vit of the due caption of the fine, when the party was an idiot _ 167 Information for endeavouring to fuborn one tofwear falfely,that F. W.had Ipoken refletiling woids on lord chan. Jeffreys 168 Indi(fl:mcnt lor lubornation in endeavouring to peifuade a witnefi that he could not give evidence againft a certain per- fon indided for high trcaion, promifing him rewards after the trial to retraff his evidence, producing to him a paper for that purpoi'e, and promising him rewaids to fign it 16.; For INDEX. Information for endeavouring to fuborn pcrfons to fvvear a^ainfl the duke of Buckingham, that he was guilty of buggery 171 Indiattery Page 269 To an inquifition of the delivery of a deodand to the royal patentee 270 Plea to the jurifdidlon of the juftices of the peace 271 Special plea and juftification that juftices ot the peace had not qualified 275 Plea to a fcire facias 292, 293 That defendants are members of parliament, and that the of- fence was committed in parliament, &c. 298 Of guilty to an indi<51ment for treafon 310 Of guilty to an indiftment for felony 317 To a writ of reftitution, that part of the cattle never came to his hand?, and as to the reliduc that he bought them in market overt 317 By two inhabitants in the name of their vills that 4 other vills arc nearer to the place proftrated than they are 336 By 3 inhabitants to a diftringas to compel the inhabitants of. adjacent vills to repair the fences broken and to repair the damages done 340 By two freeholders and two copyholders of a manor to a writ of diftringas to compel reparing of the fences broken down 346 POLICIES OF ASSURANCE. Vide MisDiMitANOR. P O S T E A. Si non omnes 134 145 PROCLAMATION. PROTESTATION. 134 i6i 193 21S 219 293 REJOINDER. To a replication 273 REPLICATION. !To a plea to an indidlment for murder that defendant's peti- tion INDEX. tion to the Houfe of Lords to be tried there as a peer v/as diimilTed Pa^e 13 To a plea to an appeal of murder that defendant lefufed to ^cad at the aflizes 2$ Proteftandothat the anccftor was not feized and did not make a leafe '93 That defendant was not 3 years in peaceable pofTcflion prout, &c. 194 That defendant did forbear to come to church 267 Plaintiff replies that the place where he ertdlcd the fences is his freehold, «Sic. And travejfcs the light of commou To a plea of an a^ of general pardon 272 RESPONDEAS. Ot/srER. Judgment of, upon demurrer to a plea 189 Judgment of, upon demurrer to a pica 302 \ RESTITUTION. Writ of 3^5 Writ of, after judgment reverfed 320 Writ of, to put the party in pofTeffion 322 Writ of, upon an indicftment and convi(ftion for forcible en- try 324 RIOT. Information for breaking and entering the dwelling houfe o£ lady Lono, and breaking open her chamber door, and for giving abiiiive language there 17S Information aj;ain{l leveral perfons for takiiVg upon them- fclves without legal authority, to b.° iuitiees of the peace for a borough, and in a riotous manner holding feflions of the peace for the faid borough 179 Information for riotoully breakint:; into the GuiirJ-hnil of the borough of Newcaftle under the line, and dilliirbinp' the mayor, aldermen and common council there afiembled about the bufinefs of the faid borough iSo Indicftment for riotouily breaking into a dwelling houfe, on pretence of an execution 181 Information for a riot at an eletftlon of fherifFs for the ciir of London 1S2 Information for breaking open the houie of the ambafiadoi from the duke of Savoy, and taking from thence divers goods ' i2('> ROBBERY. Indictment fgr 2SS Inditftment I N D E X. iiididtment agiinlt principal and acccfTary before and atrer Page 289, 290 SCANDALOUS WORDS. Indi(flment for ccntemptuous words fpolcen of a jiitice of the peace 73 Information for fcandalous words fpoken of a juftice of the peace 74 Information for reflefting words upon the judges of the King's Bench 75 Information ior fcandalous words fpokei* of the court of. Admiralty 77 Liformation for fcandalous words fpoken of the court of Admiralty 79 Information for relletfling on the jury which found Algernon Sidney guilty of Hij^h Trcafon 80 Information for rcflcfting on the earl of Eriflol and othtrs for addreffing the king 81 S C I R E F A C I A S. Awarded againft appellant to profecute 23 Scire facias awarded 284 Awarded and oyer of fcire facias 291 & 2 Plea to. a fcire facias 295 Scire tacias awarded 3x4 SEDITION. By Writing. Vide Libkls. Informacioi for endeavouring to perfuade others, that an in- quifuibn talcen before the coroner, of felo de fe, was un- duly laken 37 Indi(ftment for confpiring to raife infurrcftion, &c. 35 Information for confpiring to diituib the public peace, &.C. 3S Information againlt lord Alacclesfield for confpiring to raife an inlurrecl:ion 39 Information for confpiring to vaife an infurredllon wlthiii the kingdom, in the time of the former king 40 Information for advancing money to a man to buy horfe and arms, to go and ailift the duke of Monmouth 41 Information for confpiring to raife rebellion in the kingdom 42 Information for feditious words to one who came 10 fearch for the arras of lufped:ed papifts 58 Information for feditious words 59 Information for fpcaking in commendauon oi a feditious book ^i Information for feditious words 64 Information fgr feditious words 64 In for- I N D E X, Information for fediilous words fpoken on the hanging up of the king's piftuie _ _ l^age 65 Inloriiuuion for aniimlng in a cllfcourfe that the duke ot Monmouth was alive autr his cxeciuion 66 Int'orination for cc^nieniptuous woids againll the comlnon prayer book, and the organs of the church 67 SI N O N O M N E S. 145 SUBORNATION of PERJURY. Vide Pjkkjvry. •' SUGGESTION. » 27 the dean and chapter of Weftminller, that they are felzed in fee of an office and that a peifon convided ot extortion in that ofTice, held of them for a term of years,— and theretore pray an amoveas manas ^^7 That the inhabitants are parties, and therefore that the ve- nire be awarded to the nc.s:t vill 2Ci TREASON. Indi\ Special verdift that defendant isa freeholder of the manor'o^ W. within the hundrer' heir] in o„f- . j .. '^ manor ot o •-' ^ W O M E JN^. Vide Hjiiress— MxsDEMjjANor. WORDS. Vide ScAivDALou, Words and Szaniot. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book Is DUE on the last date stamped below. LAV/ aNIVERSITY ISI LIBRARY )F CALIFORNIA -LES 90024 MAR 9 1839 18 A95a UCSOUTHfRNWn'nNMt 1BHARV^^CIU^J„ ^A 000 856 507 9 i {T/^^